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PREFATORY NOTE.
Tliis Volume is printed in order to secure the preservation of the Documents and other Memorials which it contains. The im- pression, which is private, consists of one hundred and fifty copies. It is intended for presentation to members of the family of which the book treats, to a few friends curious in local history, and to
some of our national libraries.
WILLIAM STIRLING.
Kkir, September 6, 185S.
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IV
CONTENTS.
Prefatory Note
Table of Chapters, Branches, &c List of Illustrations . Editor's Preface .... Abstract of Charters . Abstract of Letters
PAGE III
IV
VI
IX
XVII
LXII
Introduction — Origin of the Stiulings 1
CHAPTER I. — The early Generations of the Stirlings, from Walter de
Striueling in 1130, to William de Striueling who died in 1393 3
I. Walter de Striuelyng, 1130-1160 3
II. Peter de Striuelyng of Cambusbarron, 1 150-1180 .' 4
III. Sir Alexander de Striueling of Cawder, 1180-1245 6
IV. John de Striueling of Ochiltree, 1241-1270 7
1. Sir Alexander de Striueling of Cawder, Knight, 1272-1300 8
2. John de Striveling, 1300-1333 9
3. Sir John of Strivelyne of Cawder and Regorton, 1333-1408 9
4. William of Strivetyne of Cawder and Regorton, 1408-1432 9
5. Sir William Striveling of Cawder and Regorton, 1432-1487 ... 10
6. William Striveling of Cawder, 1487-1505 11
7. William Striveling of Cawder, 1505-1517 12
8. Andrew Striveling of Cawder, 1517-1522 12
9. Janet Striveling, Heiress of Cawder, 1522 13
V. Sir William de Striveling, Knight, 1270-1295 13
VI. John de Striweline of Rathoran in Lome, 1295-1339 15
VII. William of Strivelyn of Rathoran, 1339-1393 15
CHAPTER II. — From Lukas of Strivelyng, the first of Keir, to Sir James Striveling, who Married the Heiress of Cawder in 1534, and thus
RE-UNITED THE FAMILIES OF KeIK AND CaWDER, 1370-1588 16
VIII. Lukas of Striveling, the first of Keir, 1370-1449 16
IX. Sir William of Striveline of Ratherne and Keir, Knight, 1420-1471 19
TABLE OF CHAPTERS, BRANCHES, &c, CONTINUED. V
Page
X. Sir William of Sniveling of Kere, Knight, 1471-1503 22
XL Sir John Sniveling of Keir, Knight, 1503-1539 29
XII. Sir James Striveling of Keir and Cawder, Knight, 1539-1588 35
XIII. John Stirling of Bankeir, 1535-1597 41
CHAPTER III. — From Sir Archibald Stirling, Son of Sir James, to James
Stirling of Keir, 1588-1715 45
XIII. Sir Archibald Stirling of Keir and Cawder, Knight, 1588-1630 45
XIV. Sir James Stirling, Fiar of Keir, Knight 47
XV. Sir George Stirling of Keir and Cawder, Knight, 1630-1667 48
XIV. Sir John Stirling of Garden, Knight, 1595-1643 58
XV. Sir Archibald Stirling of Garden, Knight (Lord Garden), 1617-1668 ... 62
XVI. Sir John Stirling of Keir and Cawder, Knight, 1668-1684 66
XVII. 1. John Stirling of Keir and Cawder, 1684-1693 69
XVII.2. James Stirling of Keir and Cawder, 1693-1715 69
CHAPTER IV. — From John Stirling, Son of James, to William Stirling,
now of Keir and Cawder, 1728-1857 74
XVIII. 1. John Stirling of Keir and Cawder, 1728-1757 74
XVIII. 2. Archibald Stirling of Keir and Cawder, 1757-1783 75
XVIII. 3. William Stirling of Keir and Cawder, 1783-1793 77
XIX. 1. James Stirling of Keir and Cawder, 1793-1831 80
XIX. 2. Archibald Stirling of Keir and Cawder, 1831-1847 81
XX. William Stirling, now of Keir and Cawder 82
Branches of the Family of Stirling.
1. The Stirlings of Garden 83
James Stirling the Mathematician 91
2. The Stirlings of Kijipendavie 103
3. The Stirlings of Ardoch 115
4. The Stirlings of Craigbarnet 127
5. The Stirlings of Glorat 137
6. The Stirlings of Law 152
Sir Robert Sterling — 1649 159
7. The Stirlings of Ballagan 165
8. The Stirlings of Auchyll 169
9. The Stirlings of Herbertshire 175
10. The Stirlings of Drumpellier 178
11. The Stirlings of Faskine 183
b
VI TABLE OF CHARTERS. BRANCHES, &c, CONTINUED.
Page
12. The Starlings of Mansfield 185
13. The Starlings of Glenesk 188
14. The Stirlings of Easter Braiky 190
15. The Stirlings of Tulyduvy 194
16. Notices of Sir John de Striveling — 1342-70 195
Charters, Letters, &c.
Charters, &c. (see Abstract, p. xvii) 197
Letters (see Abstract, p. lxii) , 479
Verses by Lord Gray, &c 546
Examples of Sixty- four various modes of spelling the Surname of Stirling 548
Catalogue of Portraits of the Stirlings of Keir, &c 549
Seals of the Stirlings (see Illustrations below) 556
Fae-Simile Signatures (see Illustrations, p. vii.) 558
Portraits (see Illustrations, p. viii.) 571
Index 599
Title page, the design slightly altered from that of a Doorway at Toledo. Drawn by John Leighton, junior (Luke Lim- ner), lithographed by F. G. Netherclift.
Lithographed Armorial Bearings of The Stirlings of Keir {back of Title-page)
— Keir and Cawder and of
that Ilk, from Lindsay and Pont's Heraldic MS. 12
Garden 90
Kippendavie 114
Ardoch 126
Craigbarnet 136
— Glorat 151
Law and Bdenbarnet ... 158
Auchyll 174
Herbertshire 177
Drumpellier 182
Faskine 184
Mansfield 187
Arms of Sir Robert Sterling, Governor of
Cork, 1649 1G4
The above were drawn by Joseph Eedes,
and lithographed by F. G. Netherclift.
Armorial Stone at Wright's Houses, near
Edinburgh 44
ILLUSTRATIONS.
Page
Woodcut Seals of Arms, Sc. of
Thomas Bishop, 1541 x
John de Striueling, 1292 7
William Striveling of Cawder, 1492 II
William Striveline, 1292 14
Jehan Striveline, 1292 14
Lukas Strivelyng, first of Keir, 1448 17
Sir John Striveling of Keir, 1502 29
Sir James Striveling of Keir, 1551-1579 ...36, 43
Sir Archibald Stirling of Keir, 1607 47
Sir Archibald Stirling (Lord Garden), 1661, 63
James Stirling of Keir, 1700 74
John Stirling of Keir, 1747 75
Archibald Stirling of Keir, c. 1750 75
Charles Stirling, 1800 77
James Stirling of Keir, 1800 80
Archibald Stirling of Keir, 1S40 81
William Stirling, now of Keir 82
Sir Henry Stirling of Ardoch, 1666 119
George Stirling younger of Craigbarnard,
1502 129
Walter Stirling of Ballagane, 1535 168
William Stirling of Herbertshire, 1740 ... 176
James V., 1526 327
Oliver Cromwell, 1653 461
ILLUSTRATIONS.
VU
Page James, first Marquis of Montrose, 1647 . . . 486 Collected Seals of the Stirlings of Keir, &c.
with letterpress descriptions 556,557
N.B. — All the Seals -which occur in the text are included here, with four addi- tional Seals of — Robert Stirling of Bawglass in 1500, Sir James Stirling in 1541 and 1570; and George Stirling, 1672.
(Nos. 6. 9. 11 & 17, p. 556.)
Woodcut Fac-Simile Signatures of the Stirlings and Others.
Thomas Bishop, 1541
William Stirling of Herbertshire, 1740 ...
Andrew Stirling of Law, &c, 1564
Patrick Lord Graham, 1442
James II., 1449
John Styrling of Cragbernard, 1502
Robert (Blacader), Archbishop of Glas- gow, 1505
Matthew Earl of Lennox, 1503
Alexander Lord Hume, 1510
John Earl of Lennox, 1514
James (Bethune), Archbishop of Glasgow, 1522
Gavin (Dunbar), Archbishop of Glasgow, 1524
James V., 1526
Archibald Earl of Angus — Mathew Earl of Levenax — Archibald Earl of Ergyle — James, Archbishop of St. Andrews — James, Bishop of Dunblane, 1526...
Sir James Hamilton of Fymiart, 1527
Alexander (Stewart), Bishop of Murray, 1531
Matthew Earl of Lennox, 1532
William Stirling of Glorat, 1532
James V., 1535
Alexander Master of Home, 1541
George Lord Home, 1541
James Foulis of Colinton, 1541
Abraham Crechtoun, Provost of Dunglas, 1541
John Earl of Menteith, 1544
Robert Stewart, Bishop of Caithness, 1544
James, Earl of Arrane, 1547
William Chisholme, Bishop of Dunblane, 1551
John Bellenden of Auchnoule, Justice- Clerk, 1553
x 176 153
217 225 276
282 286 296 302
320
321
327
327 330
33G 344 344 345
367 367 367
367 382 383 396
404
408
Page
Mathew Earl of Lennox, 1570 420
Oliver Cromwell, 1653 461
General George Monck, 1656 464
James Duke of Buccleugh, 1679 471
Jane Chisholme, Lady Kyr, 1550 479
Sir Archibald Stirling of Keir, 1602 480
Grissel Ross, Lady Keir, 1612 481
Sir Thomas Hamilton, 1613 481
General Thomas Dalzell of Binns, 1643, ... 483
Alexander Earl of Leven, 1646 484
Sir Archibald Stirling of Garden, 1647 ••■ 485
John Lord Erskine, 1647 486
The Rev. Dr. George Wishart, 1640 483
John Earl of Mar, 1650 488
Archibald Marquis of Argyle, 1651 489
Alexander, sixth Earl of Eglinton, 1651 ... 490
James Earl of Callander, 1652 491
Jean Hay, Countess of Mar, 1652 492
John Earl of Wigtonne, 1654 493
John, ninth Earl of Cassillis, 1656 494
William, ninth Earl of Glencairn, 1656 ... 485
James, second Marquis of Montrose, 1662, 497
George, fourth Earl of Winton, 1664 ... 500
Archibald, ninth Earl of Argyle, 1664 ... 502
John, ninth Earl of Mar, 1666 504
Robert Leighton, Bishop of Dunblane,
(1666?) 504
Alexander, Earl of Linlithgow, 1673 506
Lord Almond, 1674 507
John, sixth Earl of Rothes, 1677 511
William, last Earl of Menteith, 1678 515
William, first Earl of Dundonald, 1679 ... 516
Alexander, second Earl of Callander, 1679, 516
Arthur Ross, Archbishop of Glasgow, 1680, 517
James, third Marquis of Montrose, 1681 ... 518
James Stirling of Keir, 1708 528
Alexander Rose, Bishop of Edinburgh,
1714 531
James Stirling (the Venetian), 1735 536
John Stirling of Keir, 1748-9 541
George, sixth Lord Elibank, 1757 544
Francis, fifth Lord Napier, 1757 545
John, twelfth Lord Gray, 1757 545
Collected Signatures of the Stirlings and
others, from Keir Charters, Letters, &c.
with letterpress descriptions on each
page 558-569
JV.B. — All the above, excepting Thomas Bishop, are included in this Collec- tion, with the addition of the follow- ing names — ■
vm
ILLUSTRATIONS.
Page
... 560
... 5C0
... 500
... 560
... 561
Elizabeth Stirling, Lady Merchiston, 1507, 561
Margaret Napier, Lady Keir, 1645 561
Anna Home, wife of Sir John Stirling,
younger of Keir, 1606 501
Lilias Colquhoun, wife of Sir John Stirling
of Keir, 1675 561
Sir John Stirling of Keir, 1532 .. Sir James Stirling of Keir, 1541 . . Sir James Stirling of Keir, 1606 . . Sir George Stirling of Keir, 1004 Janet Stirling, Lady Cawder, 1541
Boman Stone, Cawder House
570
Pac-Similes or Charters and Letters.
|
Charter, No. 1. |
between 190 and 197 |
|||
|
2. |
»j |
198 „ 199 |
||
|
17. |
» |
212 „ 213 |
||
|
24. |
» |
220 „ 221 |
||
|
Letter, No. 237. |
„ |
480 „ 481 |
||
|
241. |
S) |
484 „ 485 |
||
|
243. |
Views |
OP |
S3 |
486 „ 487 |
Kenmure and Cawder Houses, 1858. From
drawings by C. Woolnoth, between 78 & 79
Keir ; East and South Fronts, 1837. From a drawing by M. Burns.
Keir ; East and South Fronts, 1858. Drawn by Wm. Walton, and lithographed by M. & N. Hanhart from a photograph by J. Eadie.
Keir ; from the West, 1858. From a photo- graph by J. Eadie.
Keir; Entrance, 1858. From a photograph by J. Eadie.
Keir ; Library, 1858. From a drawing by R. Frier.
Lecropt Old Church Yard, with Tower of the present Church, 1858. From a drawing by R. Frier.
Keir Vault, Lecropt Church. From a drawing by R. Frier.
Two Memorial Crosses in the Old Church Yard. From a photograph.
Between pages 82 and 83.
Page
Portraits of
John Napier of Merchiston Facing 42
From the original picture in the pos- session of Lord Napier, engraved by W. Geikie.
Elisabeth Stirling Facing 43
Etched by W. Geikie from the original picture formerly in the possession of Lord Napier, but now lost.
Sir George Stirling of Keir Facing 48
Margaret Napier Facing 49
These two were engraved by R. C. Bell from the originals at Keir, in 1848. Ornamental Title Portraits.
John Napier of Merchiston 572
Elizabeth Stirling his wife 573
Sir George Stirling of Keir 574
The Hon. Margaret Napier his second wife 575
Major John Stirling 576
Sir John Stirling of Keir 577
Lady Margaret Livingston his first wife ... 578 Lilias Colquhoun his second wife, and her
grand-daughter Lilias Stirling 579
Elizabeth Stirling, fourth daughter of Sir
Archibald Stirling of Keir 580
Archibald Stirling of Garden 581
James Stirling of Keir 582
The Hon. Marion Stuart his wife 583
Lilias Stirling, their daughter 584
John Stirling of Keir 585
Archibald Stirling of Keir 586
Margaret Erskine his first wife 587
Anne Hay his second wife 588
Margaret Stirling, Lady Hamilton of Rose- hall 589
James Stirling of Keir 590
Robert Stirling 591
Marion Stirling 592
Jane Stirling 593
Charles Stirling 594
Christian Erskine his widow 595
Elizabeth Maxwell, wife of Archibald Stir- ling of Keir 596
Hannah Ann Stirling 597
Helen Stirling 598
All lithographed from the original pic- tures at Keir, by Messrs. Schenck & Macfarlane, Edinburgh, 1858.
IX
EDITOR'S PREFACE.
In examining the charter-chests of Scottish families, Antiquaries have fre- quently had to regret the loss of ancient muniments by fire. The Stirling's of Keir, like too many others, suffered from this cause at an early period. During the war between King James III. and his son the Prince of Scot- land, in the year 1488, Sir William Stirling, Knight of Keir, joined the Prince and his party ; and on one occasion, the Prince having taken shelter in the tower of the Keir, the King besieged it, succeeded in driving out the Prince, and burned the tower to the ground. The family charters were burned at the same time, as appears from a grant by King James IV. soon after his succession to the throne, in favour of his adherent, Sir William Stirling, which, though it supplied the loss of the writs, and gave him a good feudal title to the barony of Keir, does not furnish the information which would have been afforded by the earlier family muniments.
The Stirling family have continued in possession of the barony of Keir ever since, and have also acquired many other properties, each acquisition bringing with it the usual feudal progress of title-deeds, including those of their earliest inheritance of Cawder ; there is thus in the united rejsosi- tories of Keir and Cawder, a well stored charter-chest, from which this collection is chiefly compiled.
The present volume has been arranged in four divisions : The first contains an account of the Stirrings of Keir and Cawder : The second, an account of the Branches of the Stirling family, and of several families con- nected with the Stirlings, at least by name : The third contains the Charters and other Family Papers ; and the fourth, the Letters.
PREFACE.
THE STIRLING FAMILY.
All account of the origin of the Stirlings, and of each successive genera- tion, heing fully given in the first division of this volume, it is unnecessary here to enter upon their general history : a few of the more remarkable in- cidents connected with the family may be glanced at. The Stirlings first appear as owners of land in the twelfth century. After possessing lands in different counties, they acquired, in the reign of William the Lion, the estate of Cawder, which has continued in the family, without interruption, to the present time — a period of nearly seven centuries. Few families can boast of an inheritance which has descended through so long a line of an- cestors.
After continuing for ten generations in the direct male fine, the Cawder estate, in the sixteenth century, descended to an heiress, who married her kinsman, Sir James Stirling of Keir ; and thus the Cawder and Keir families became united ; the two estates have ever since been held by the same proprietor. Not the least interesting part of the following narrative, is the story of the ill-fated heiress of Cawder.1
Keir was first acquired by the Stirling family in the year 1448. Lukas Stirling, who had previously possessed lands in Fife and Strathern, pur- chased Keir from George Leslie of that ilk, ancestor of the Earls of Kothes. Sir William, the grandson of Lukas, got Ken erected into a barony by King James III. who afterwards burned the tower. Sir William has been accused of being a party to the assassination of James III. at the battle of
1 While these sheets were passing through the press, the Editor found at Tynninghame, a precept granted at Edinhurgh on 23d March 1541, hy Janet Stirling and her second hushand, Thomas Bishop,
to which the seals of both husbands are appended. This seal of Sir James Stirling will be found on the sheet of family seals. The seal and signature of Thomas Bishop are as under:
PREFACE. XI
Sauchieburn, but without sufficient evidence, as is fully explained in the narrative.
Sir John, the fourth Laird of Keir, added greatly to the family estates between the years 1517 and 1535. He took a prominent part in the public events of his time, and held the office of Sheriff of Perth in 1516. After the death of King James IV. at Flodden, the custody of the young King's person was committed to him. He was forfeited for appearing at the battle of Linlithgow against the King's authority in 1526, but was restored in the following year. He founded a chaplainry in the Cathedral church of Dun- blane in 1509. Sir John's adventure with Squire Meldrum was less in keep- ing with the spirit of this pious foundation than with the lawless character of the age, which is farther shown in the subsequent cruel slaughter of the knight himself.
His son, Sir James, was the husband of the heiress of Cawder. He divorced his wife, but retained her estate, and thus added considerably to the wealth of the family. He was appointed by King James VI. one of the judges who tried Morton for the rnurder of Darnley, and pronounced sentence of death on the Eegent.
Sir George Stirling, great grandson of Sir James, was intimately con- nected with his kinsman, the first Marquis of Montrose, and was prosecuted, in 1641, by the Committee of Estates, as one of the ' Plotters.' Sir George was with Montrose at the rout of Philiphaugh, the only occasion on which this quiet knight was found associated in arms with his great cavalier chief. After the death of Sir George without surviving issue, the estates of Keir and Cawder were inherited by his cousin Archibald Stirling, Lord Garden, a Lord of Session of some distinction in the reign of Charles II.
James Stirling, grandson of Lord Garden, was a keen Jacobite, and was tried for an alleged conspiracy in favour of the Stuart family in 1708, but acquitted. In the Tales of a Grandfather, vol. ii. p. 208, Sir Walter Scott has preserved the following anecdote in regard to his trial — ' The ' Laird of Keir was riding joyfully home, with his butler in attendance, ' who had been one of the evidence produced against him on the trial, ' but who had, upon examination, forgot every word concerning the matter ' which could possibly prejudice his master. Keir could not help express-
Xll
PREFACE.
ing some surprise to the man at the extraordinary shortness of memory which he had shown on particular questions being put to him. ' I un- ' derstand what your honour means very well/ said the domestic coolly ; ' but my mind was made up, rather to trust my own soul to the mercy ' of Heaven than your honour's body to the tender compassion of the 'whigs!" James Stirling was forfeited in 1715, and deprived of his estates, which were afterwards acquired by his friends, and restored to his son, from whom they have descended to the present representative of the family.
In the course of the long descent of the Keir and Cawder families, there have been no less than fourteen knights, ten of whom were in immediate suc- cession to each other. The honour of knighthood, though purely personal, has thus the appearance of having been hereditary for many generations in the Keir family. Several branches of the Stirlings, such as Ardoch, Glorat, and others, attained the hereditary rank of Baronet for special services ; but the representatives of the main line have continued untitled, as they began, barons of Cawder and Keir.1
THE BRANCHES
The second division of this volume is the account of the different Branches. From these have sprung several remarkable men, such as James Stirling the mathematician, of whom little was known to previous writers, except his works;2 Sir John Stirling of Craigbarnard, comptroller to King James IV. ; William and George Stirling of Glorat, both captains of Dum- barton Castle ; the latter gallantly defended this fortress for Queen Mary ; Sir Bobert Sterling, governor of Cork under Charles I. ; the late Edward
1 A part of the account of the Keir family was prepared by John Dundas, Esquire, C. S., who, amidst numerous professional claims on his time, found leisure to interest himself in tracing the descent of a house with which his own family has long been connected. Other portions of this volume have also been enriched, by the kind- ness of Mr. Dundas, in obtaining charters from the owners. Cosmo Innes, Esquire, the learned editor of a kindred volume, the ' Genealogical ' Deduction of the Family of Rose of Kilravock,'
and of many other valuable works, enlarged Mr. Dundas's account of the Keir family. The Editor of the present volume is, however, re- sponsible for the account of the Keir family, as it is now printed, as well as for the deduction of all the branches and the other portions of this volume.
2 In the English Cyclopaedia, 4to, London, 1857. vol. v. p. 732, there is a bibliographical notice of James Stirling ; but bis personal history is confined to a few lines of no importance.
PREFACE. Xlll
Sterling, the famous ' Thunderer' of ' The Times;' and his son, the late John Sterling. An account of these distinguished Stirlings, and of many others of less note, will be found in the ' Branches.'
The third division consists of the Charters and other Family Papers. ' They extend from the middle of the thirteenth century to the close of the seventeenth, later than which it has been deemed unnecessary to continue them. Most of the original writs are at Keir ; where this is not the case, the place of deposit is noted in the Abstract. The whole of the charters have been arranged in chronological order, except where the terms of the writs required a different arrangement. The formal passages of many of the charters have been abridged, to prevent useless repetition, which is indicated by marks of omission. Words contracted in the original writs have been printed in extenso, although the retaining or discharging of contractions is a question on which editors have differed — the same editor occasionally dis- charging and retaining the contractions — and, it may not be considered a matter of much consequence. But the preference has been given to print- ing the words in extenso, even where they are contracted in the original writs.
A full Abstract of all the Charters being given, it is unnecessary to de- scribe them particularly here. A few of the writs may be briefly noticed.
The contract of marriage in 1501 shows how matrimonial alliances were occasionally arranged at that date : Sir Patrick Hume of Polwarth, and Sir William Stirling of Keir, agree that John of Stirling, son of Sir William, should marry Margaret, daughter of Sir Patrick, and failing her, Sibbale her sister, and so forth, as long as Sir Patrick had a lawful daughter, until the marriage should be completed, which should be ' at the lauchful age of the ' said barnis, the maill being of fourteen years and the female twelve years/ The contract does not show the ages of the respective ' barnis,' when they were thus bound for better and worse by their parents ; but they must have been of very tender years, being under fourteen and twelve. It cannot be matter of wonder, that such premature alliances, arranged without regard to the feelings of the parties most interested, often proved unhappy, and led to separations and divorces.
XIV PREFACE.
The contract between the Governors of Dumbarton Castle in 1510, gives a minute detail of the furniture of the castle and chapel, as it was handed over by the old Governor to the new. There is notice of ' Wallas-tour,'1 and ' Sanct Patrikis Chapell situat within the Castale, with ane auld Mess buk ' of perchement,' and many other ' furnishings.'
The retour of George Stirling of Glorat, on 15th January 1537, shows that Matthew, Earl of Lennox, Regent of Scotland, was born on the day of Saint Matthew the Apostle, and named after him, as it is stated that the Earl attained his twenty-first year on that day.
The decree by the Bishop of Dunblane, in 1539, is not without value in reference to the designations applied to legitimate as distinguished from illegitimate children. Two ladies are there styled the natural lawful daugh- ters and heirs of their father, while other two are styled the natural daugh- ters of the same parent, and are declared to be illegitimate.
The passport by Oliver Cromwell in 1653 contains a fine impression of his seal, which has been accurately engraved.
The last article of this division is a Register of Births, Marriages, and Deaths, which was commenced in 1613 by Sir John Stirling, father of Lord Garden, and has been continued to the present time.
The earliest charter in the collection, an obligation by King James II. for a payment out of the tocher of Mary of Guelders to Robert Livingstone the comptroller, who was afterwards hanged, the process of Dispensation in 1460 for the marriage of Henry Livingstone, and some other writs, appear entitled to a place in the collection, although their only connection with the Stirling's, is their being preserved in the charter-chest of the Glorat branch.
Where a seal is attached to a charter, the armorial bearings appearing on the seal have been described, as the ensigns of heraldry often disclose in- teresting facts in the history of families.
the The last section of the volume contains Letters, ranging in date from
letters. tjie j^dle of the sixteenth century to the middle of the eighteenth. They
1 ' Wallace's Tower was probably the tower in ' Menteith.' [Tytler's History of Scotland, 3rd ed. ' which Wallace was confined after his capture by vol. iii. p. 194.]
PREFACE. XV
are almost entirely selected from a large collection at Keir, a few being added from other repositories. The letters have been selected, as much as possible, on account of their general interest ; a desire to keep this volume within reasonable limits has also influenced the selection. An ample Abstract of the printed letters is given ; one or two may be more specially noticed.
Two of the letters, which follow each other in order of time, are from Generals Thomas Dalzell of Binns and Alexander Leslie, Earl of Leven. Judging from these specimens of their penmanship, Dalzell and Leslie, although both brave soldiers, were but indifferent scholars. They had been better trained to their swords than their pens. The bad spelling of distin- guished men of those times is sometimes excused, as there were then no settled rules of orthography. This is true to a certain extent ; but where specimens of spelling in the seventeenth century are found to assimilate to the mode of spelling now in use, such specimens must be regarded as good spelling, compared with the letters of Leslie and Dalzell.
The third letter after Lord Leven's is from, the great Marquis of Montrose, whose letter contrasts favourably in point of orthography with those from his two contemporary Generals. Montrose was a scholar as well as a soldier, and although his studies at St. Andrews were interrupted by his early mar- riage, and the troubles of the times, he retained a love for the classics. The Latin motto used on the seal of this letter, was probably selected by him- self, soon after his creation as Marquis, in reference to his loyal daring: ' Sublimi triumphal voto.'
Such are the materials found in the charter-chest of this old baronial family. Far from locking up his family muniments from the light of clay, the present owner has, with an enlightened liberality, opened them to Ms friends by means of the present volume, which may perhaps be not less accep- table to some of his kinsmen than his original works have been to the public at large. This is probably the first work of the kind executed by a Scottish proprietor at his own sole charge. It is to be hoped, that the good example thus set, may yet be generally followed by the owners of other ancient charter-chests. The Editor has pleasure in stating, that already, several
XVI PREFACE.
noblemen of enlightened views contemplate similar volumes of their family papers.1 Most of the valuable ecclesiastical chartularies of Scotland have been printed by the Baimatyne, Maitland, and other literary and antiquarian societies ; and were all, or even a considerable proportion of the lay charter- chests to be similarly preserved, a great mass of very valuable materials, now in many cases decaying, would be made available for historical and antiquarian purposes. It is the fashion among some to despise family his- tory, and to impute to such works as the present vain or selfish motives. But this is a great mistake. The public, more than individual owners of private muniments, profit, by securing them, through the instrumentality of the press, from destruction by accident or the depredations of time.
Family history may indeed be considered the most limited of all history, but it is generally interesting ; and although the account of any one family, however long its descent, may be but a fragment of the history of a nation, it must be remembered, that even the history of a nation itself is but a frag- ment of the history of the world.
WILLIAM FRASER.
1 From a nobleman of a different turn of mind, ' be said for the Scotch of those days, which seems the Editor, some years ago, received the follow- ( to have been a nonsensical language from its com- ing letter, with a copy of a new antiquarian work, ' mencement, and never seems likely to be much offered to his lordship, in return for his courtesy in ' better; so that the sooner the modern English su- allowing access to his family papers — ' persedes the Scotch the better. Ancient English
' Lord , . . has had the favour of the ' was almost as nonsensical as ancient Scotch. But
( offer of the . . .; but as he takes little or no ( the English have encouraged improvement, while
1 interest in these old records, and as he thinks they ' the Scotch have resisted it. Hence the difference.' ' had better be forgotten, he begs to return the book, If 'old records' had been 'forgotten' in the
' with many thanks to the persons who were so good manner wished for by the noble writer, some of
' as to offer it to him. A great part of it seems in his own titles of honour would probably never
' remarkably good Latin, which is more than can have been inherited by him.
XV11
ABSTRACT OF THE CHARTERS, &c.
Page
1. Charter by Bertram, the son of Henry of Wluestoun, to his cousin, Waldeve Kokes,
of those two oxengates of land in the territory of Nether Eyton, for which the latter had "been pursued by the King's letters : and that the charter might remain in force for ever, he had sworn in the Court of the Prior of Colding- hame, held at Eyton, that he and his heirs would never impugn it, under the penalty of twenty pounds sterling. This charter is without date, but was probably granted about 1260. {Orig. Olorat Charter Chest) 197
2. Charter by John of Argyle, Lord of Lome, to Mary, his father's sister, wife
of John of Striwelyne, and her heirs, of the five penny land of Rathorane, the penny land called Garwpennynge, the two penny land of Bartychkeregylle, the penny land of Fekyrfaltach, on both sides of the Logane, the penny land of Hachychnacelache, and the half penny land of Cragnamoychenache, all lying in Lome : To be held for payment yearly of a pair of spurs, or their value, if they could not be bought. Dated at Perth on the Nativity of St. Mary (8th September), 1338 198
3. Charter by King David II., whereby, after narrating that Marjory of Streuyllyn,
daughter and heir of the late John of Streuyllyn, Sheriff of Clakmannan, and Lord of the Cars of Stirling and of Alveth, had resigned all lands, offices, and rents pertaining to her by hereditary right throughout the whole kingdom, in the hands of Robert the Steward of Scotland, then the King's Lieutenant, in his absence, who had infeft John of Menteith, then spouse of the said Marjory, therein ; the King receives and restores the said John of Menteith and Marjory, to the same state and possession of the lands, offices, and rents, as she had in her pure widowhood : To be held by John and Marjory, and the heirs of their bodies ; whom failing, the heirs of Marjory, for services used and wont. Dated at Edinburgh, 25th January A. R. 28 (1357). {Official Extract in Alva Charter Chest) 198
4. Charter by King Robert II, to William of Meneteth, son and heir of Marjory
of Striulyn, daughter and heir of the deceased John of Striuelyn, Knight, of the baronies of Westkers and Alueth, within the sheriffdom of Striuelyn, and
XVlii ABSTRACT OF CHARTERS, &C. [1382-1408.
Page wherever else within the kingdom, and also the offices of Sheriff and Forester
of Claomanan ; which had "been resigned by Marjory in the Parliament held at Scone on 22nd October 1382 : To be held by the said William and Elisa- beth his spouse, and their heirs ; whom failing, the heirs of William, in free barony, for services used and wont ; reserving the free tenement to Marjory for her lifetime. Dated 23rd October A. R. 12 (1382). (0 rig . Kerse Charter Chest) 200
5. Charter by Robert Duke of Albany, Earl of Fyfe and of Menteth, and Governor
of Scotland, to William of Menteth, son and heir of William of Menteth of Westirkers, Knight, and his heirs, of the Baronies of Westkers and of Alueth, and the offices of Sheriff and Forestar of Clakmannan, which had been resigned by the said William of Menteth the father : To be held in free ba- rony, for services used and wont ; reserving the liferent to William the father for his lifetime. Dated at Perth, 16th May 1411. (Orig. Kerse Charter Chest) 201
6. Charter by William of Galbrath, Laird of Katconvall, to his dearest son, James
of Galbrath, of the half of Estyrbothernokis lying nearest Kelvyne, the half of Westyrbothernokis lying nearest the More, and the fourth part of Kyncade, lying nearest Kelvyne on the west side, with the half of the Mill of Kyncade, in the earldom of Levynnax and shire of Strivelyne : To be held by James and the heirs of his body, whom failing, to return to the granter, for service of ward and relief to the Laird of Bothernokis, and pjayirig the granter forty pennies yearly at the fair of Glasgow ; and also giving to him and his heirs a silver penny, in name of blench farm, at Katconvall, on Whitsunday, if asked. Dated at Katconvall, 10th October 1381. (Orig. Glorat Charter Chest) 202
7. Charter confirming the above charter, granted by David of Hamyltone and Jonet
of Keth, his spouse. Dated at their manor of Dalserfe, 11th October 13S1. (Orig. Leny Charter Chest) 203
8. Charter by Matthew (Glendoning) Bishop of the Church of Glasgow, with consent
of the Chapter thereof, to his beloved vassal, William of Striuelyne, son and heir of Sir John of Striuelyne, Knight, of the lands of Cadare, in the barony of Glasgu, within the sheriffdom of Lanark : To hold of the Bishop and Church of Glasgow, for payment yearly of £4 usual money, and three suits of court at three head pleas of the said Barony, with ward, relief, and other usual services : This charter is not dated, but must have been granted in the year 1408, in which both the Bishop and Sir John died 204
1405-1423.] ABSTRACT OF CHARTERS, &C. xix
Page 9. Instrument of Transumpt made in the Blackfriars' Cemetery of Ayr, on 30th July
1405, at the instance of John Cambell, Laird of the west part of Galstoun,
by Walter of Are, notary public, of
(1.) Charter by Malcolm Earl of Levenax to Sir "William of Galbreth, Knight, and his heirs, of the lands of Kyrkmychell and of Drummade, in the Earldom of Levenax, upon Levyn : To be held for payment of a pair of scarlet hose at the first entry of William and his heirs, at the manor of Belach, in name of blench farm. Dated at Bullull, 16th January 1278. (2.) Declaration by Walter of Danuelstoun Lord of Blackburn, that the lands of Galstoun and Bothernok, belonging to John Campbell, were no farther bound to him than to take therefrom ten merks yearly, until John should pay him 100 merks on the high altar of the Kirk of Dunbretane. Dated at Dunbretane, 10th October 1400 205
10. Charter by Euphemia, Countess Palatine of Stratherne, in her pure and lawful
widowhood, to her beloved esquire, Lucas of Streuelyn, of the lands of Westeretherne, in her earldom of Stratherne, which Lucas had resigned at Dunblane, in implement of a taillie between him and William of Streuelyn Lord of Cadare : To be held by Lucas and the heirs-male of his body, whom failing, to William, and the heirs-male of his body, whom failing, to the heirs- male whomsoever of the name of Streuelyne, whom failing, to return to the nearest heirs whomsoever of Lucas, for giving three suits in the year at the three head pleas of the Earldom of Stratherne, and a silver penny at Foulis, on Whitsunday, at the dinner hour, in name of blench farm. Dated at Perth, 8th October 1414 206
11. Letter of Wadset by George Cambeel, Laird of the west part of the Gallystoun
to William of Strewyllyng, Lord of Cadar, of the lands of the Gallisholme in the lordship of the west part of the Gallystoun, and sheriffdom of Are, until William should be paid the principal sum of twenty merks on the high altar of the High Kirk of Glasgow. Dated at Glasgow, 3rd August 1422 208
12. Retour before Sir Walter Stewart of Railstoune, Sheriff of Perth, by command
of the Lord Governor of Scotland, of Lucas of Streuelyn, as heir of William of Streuelyn his father, in the lands of Rathorane and others (as in No. 2), which were then valued at five merks yearly, and in time of peace at twenty- five merks, and had been in the hands of the Lord of Lome for thirty years and upwards, since the death of William. Dated at Perth, 11th January 1423, 209
XX ABSTRACT OF CHARTERS, &c. [1432-1437.
Page
13. Brieve from the Chancery of James I. to the Sheriff of Perth, for serving Wil-
liam of Striuelyn, son of John of Striuelyn, Knight, in all lands and annual- rents in which the latter died vest and seised at the royal faith and peace, within the Sheriff's bailiwick. Dated A. R. 26 (1432) 210
14. Re tour before John of Ruthven, Sheriff- Depute of Perth, of William of Striue-
line, as heir of John of Striueline, Knight, his father, in the lands of Regortun, within the sheriffdom of Perth, which were then valued at fourteen merks yearly, and in time of peace at ten pounds, held in capite of Walter of Haliburtoun for ward and relief, and had been in his hands since the death of Sir John, twenty-four years before. Dated at Perth, 29th April 1432 210
15. Instrument of Sasine given by Robert Grame of Kynpounte, Baillie for Norman
of Lesly of Rothess, (in virtue of a precept dated 18th December 1433 therein inserted), to Lucas of Stirling of Retherne, of the lands of the Kere within the regality of Stratberne. Dated 22nd January 1433 211
16. Instrument of Sasine given by Reginald of Craufurd, Baillie of the Barony of
Glasgow, by virtue of a letter of sasine from the chancery of the Bishop of Glasgow, to William of Streuelyng, as heir of William Streuelyng, of the lands of Caddare. Done at the Tower of Caddare, 23rd June 1434 212
17. Precept by Walter of Halyburtone, Knight, Lord of that Ilk and of Monythi,
commanding his son Robert of Halyburtone as his baillie to give sasine, in implement of the ' kyngis bref of commandment,' to William of Striuelyne, of the tenandry of Ragorton, in the lordship of Monythy and sheriffdom of Perth. Dated at Perth, 21st October 1437 213
18. Precept directed by Isabel, Duchess of Albany and Countess of the Leuenax, to
her loved cousins, Thomas and Malcolm Alexandersonez, for infefting her ' deirest nevo,' James Stewart of Albany, in certain lands, as contained in his charters made thereupon. Dated at Inchkalzach, 12th May 1437. (Orig. Glorat Charter Chest) 214
19. Charter by Isabella Duchess of Albany and Countess of Leuenax, whereby
after narrating letters of Donald Earl of Leuenax, her ancestor, giving to Robert Clerk of Dunbretane, his heirs and assignees, the lands of Over Bullull, near the church of Biillull, until the Earl or his heirs should repay them a certain sum of ancient money ; and that the said land had been
L442-1446.] abstract of charters, <fcc. xxi
Page assigned by Robert to the chapel of St. Mary of Dunbretane, to celebrate
divine service there for ever, for the souls of the Earls of Leuenax her ancestors, and all faithful dead, until the said sum should be paid by the heirs or successors of the said Earl ; she expresses her desire to renounce the repayment of the said sum, and to annex the said land to the said chapel, for the health of the soul of King Robert Bruce, and his ancestors and successors, kings of Scotland, and for the soul of her deceased father, Duncan Earl of Leuenax, his ancestors and successors, Earls of Leuenax, her own soul, her mother's, her children's, and all faithful dead; and grants Bullull to Sir William of Dunbretane, the then chaplain, and the chaplains, his successors in the said chapel, celebrating divine service there for ever, they giving nothing therefor but prayers ; and if Isabella should impugn that gift, she bound her- self to pay to the chaplain for the time £100 sterling in name of damages, and £40 sterling to the work of the High Church of Glasgow, in name of penalty. Dated at Inchmoryne, 10th June 1442. (Orig. Glorat Charter Chest) 214
20. Letters by James (Kennedy) Bishop of St. Andrews, James (Bruce) Bishop of
Dunkeld, Patrick Lord the Grahame, and George of Setoun Lord of that Ilk, Knights, attesting, that in the cause between William of Striuelyne, Lord of Cadare, and Gilbert of Striuelyn, they, with the other Lords of Council therein named, had ordained the lands of Kyrkmychael Striuelyn, lying above Levyn, within the sheriffdom of Dunbertane, to remain with William as his heritage, and that Gilbert who had possessed the lands unjustly, should remove there- from with all his goods, and pay rent therefor, from the time William took sasine thereof to the making of those letters. Dated at Striuelyn, 21st January 1442 216
21. Notarial Instrument, narrating that Gilbert of Striwlyne came before David
of Cadyhou the Precentor, and Patrick Leich, David of Name, and Robert of Prendergest, Canons of Glasgow, and produced an instrument, made by Robert of Laweder, Canon of Glasgow and Notary Public, in which was contained that the Bishop of Glasgow, by giving a glove, reinvested the said Gilbert and Isabella his wife in Estir Cadyre, which had been re- cognosced in the Bishop's hands ; and required the said Canons to declare whether they remembered the premises : to which David of Cadhou, Patrick Leich, and David of Name answered that they did, and Robert of Pren- dergest that he believed the facts to be true, but did not well remember them, as eight years had elapsed. Done in the Cathedral Church of Glas- gow, 3rd March 1446 217
cl
xxii ABSTEACT OF CHARTERS, &C. [1447-1448.
Page
22. Notarial Instrument, attesting that William of Striveling, Lord of Cader, went
to the town of Estyrcader, and there, in presence of many persons, explained that Sir Alexander of Levyngstoun, Knight, Lord of Calentare, had recog- nosced the lands of Estyrcader without reasonable cause, notwithstanding the deceased Sir John of Striuelyng Knight, and William of Striuelying, the grandfather and father of the said William, and he himself, had been in possession thereof for forty-six years, and had repledged them to Gilbert of Striuelyng to William's prejudice : which being said, the said William went to the house of Estircader, and expelled therefrom the said Gilbert and Isabella his spouse, and caused all their animals and moveable goods to be removed from the lands, and annulled the said repledgement, by breaking a vessel and extinguishing a fire. Dated 28th May 1447 218
23. Instrument of Resignation by Gilbert of Streueline and Isabella Trepnay, his
wife, of the lands of Estir Cadare in the hands of William (Turnbull) Bishop of Glasgow, in favour of Patrick of Streueline their son. Done in the Chamber of the Bishop within the Castle of Streueline, 1448, 220
24. Letter of Resignation by Lucas of Sterling of Bouchquhumgre of his lands of
Bynzharty and the Hillis of Ballingalle, in the sheriffdom of Fiff and barony of Leysly, in the hands of George Lord the Leysly of Lewyn, his over Lord. Dated at Leysly, 6th May 1448. {Orig. Rothes Charter Chest) 221
25. Procuratory of Resignation by George of Leysly, Lord of that Ilk, to James
of Lewyngstone, Captain to the King, and William of Sterling, son and apparent heir of Lucas of Sterliug of Bouchquhumgre, for resigning half the lands of Keyre, in the sheriffdom of Perth and earldom of Stratherne, in the hands of King James, in favour of the said Lucas of Sterling and his heirs. Dated at Leysly, 7th May 1448 222
26. Charter by Jonet of Kinross, of Kippanrosse, with consent of her friends, to
William of Striueline, son and heir of Lucas of Striuelin of Ratherne (for assisting her often in times past, and especially in recovering her lands of Lupnoch, lying in the lordship of Strogartnay, from John of Menteth, to whom they had been wadset by her predecessors), of the said lands of Lupnoch ; to hold of the Lord of Strogartnay and his heirs, for giving yearly a roebuck's head, at Whitsunday, in name of blench farm, if asked, and giving to the King and his successors such service as pertained thereto. Given under her seal and the seal of Patrick Lord Grahaame, at Kincardin, 5th November 1448, 222
1448-1455.] ABSTRACT OF CHARTERS, &c. XXlil
Page
27. Ratification of the above Charter by Jonet of Kinross (spouse of Robert Stewart).
Done in the Great Hall of the Castle of Kinoardin, 5th September 14-18, 223
28. Obligation by James II. to pay Robert of Levingstoune of Medilbenyng, his
comptroller, on the 1st of April then next, or at furthest on the feast of St. Peter ad vincula, in the town of Brugis in Flanders, out of the sum due to the King for the tocher of his consort, Mary Qaeen of Scotland, the sum of 372 full pounds of Flemish money, the equivalent of £930 Scots, being the balance found due to Robert, as comptroller, by the auditors of the Exchequer : But if Robert should be paid in Flanders 63 full pounds, in virtue of another assignation by the King, that sum should be deducted from the former. Given under the royal privy seal and sign manual, at Striueline, 22nd August 1449. (Orig. Glorat Charter Chest) 224
29. Renunciation by Stephen Scot, of the Mwrhouse, to Henry of Levingstoune, son
and heir of whilome Robert of Levingstoune of Lithquo, of his right to the lands of Castelcary and the Weltoune, within the barony of Stratetoune and shire of Strivyling, under a charter by King James II. Dated at Edinburgh, 7th November 1453. (Orig. Glorat Charter Chest) 225
30. Charter by King James II. to Alexander of Strathaehin of Knok, of the half
land of Keire, in the earldom of Stratherne and shire of Perth, which had been resigned by him at Striueline : To hold of the King for services used and wont. Dated at Edinburgh, 13th April 1452 227
31. Precept directed by Walter Hawden of Keiore, to Robert of Conynghame of
Achinbowy and others, his Baillies, for giving sasine to William of Striueline of Ratherne, of the half land of Kere, called Kere Hawden; in terms of a charter granted by Walter to him. Dated at Perth, 4th November 1455 ... 227
32. Charter by Archibald of Kinbuk of that Ilk, to William of Striueline of Ratherne,
of the mid part of the lands of Olassingall, in the earldom of Stratherne and shire of Perth : To be held of the King as Earl of Stratherne, and his heirs, for services used and wont. Dated at Dunblane, 11th April 1455 228
33. Letters by Archibald of Kynbuc of that Ilk, appointing Laurence Lord Oliphant,
James Schaw of Sawchy, Michael of Balfour of Burly, and David of Crychtoun, and each of them, his procurators, for resigning his part of the lands of Classin- gall, Schanraw, and Gernortoun, within the earldom of Stratherne and shire of
xxiv ABSTRACT OF CHARTERS, Ac. [1459-1464.
Page Perth, in the hands of James II. King of Scots ; so that the King might dis- pone them at his pleasure. Dated at Dunblane, 1st October 1459 229
34. Charter by King James II. to William of Striueling of Ratherne and his heirs,
of the lands of Classingall, Schanraw, and Gernortoun, which had been resigned at Edinburgh by the procurators of Archibald of Kynbuk : To be held for services used and wont. Dated at Edinburgh, 10th November 1459 229
35. Instrument of Sasine given by Malcolm Sluthman, mayor of fee, of the Bail-
liwick of Stratherne (in terms of a precept by King James III., dated at Edinburgh, 18th November, in the first year of his reign), to William of Striueline of Ratherne, Knight, of the above lands, in terms of the above charter. Dated 15th December 1460. John of Atheray, Treasurer of Dun- blane, notary 230
36. Grant by John Stewart of Dernle, Lord of that Ilk, to his well beloved cousin,
James Stewart of Albyne, the natural son of uniquhile James Stewart, son of Sir Murdoch Stewart, umquhile Earl of Fiff and of Menteith, of the half land of Ballindorane, within the earldom of the Lewnax and shire of Striueling : To be held by James and the heirs of his body, for giving three suits at three head courts yearly ; and if James or his heirs should be ejected from the lands, John would give them ten nierks worth within his lands of Auandale, wherever they pleased, the ' manys and chemys ' being excepted. Dated at Glasgow, 10th March 1457. (Orig. Glorat Charter Chest) 231
37. Charter by King James III., dated at Striueline 12th January 1465, confirming a
charter, dated at Striueline, 7th January 1464, and therein inserted, by John Lord Dernlee to James Stewart of Albany, of the east half of the lands of Bal- dorane ; in the same terms as the above grant. {Orig. Glorat Charter Chest) 232
38. Instrument of Sasine given by Sir Murdoch Stewarde of Albany, Knight, to
William Stewarde, natural son of and as procurator for James Stewarde of Albany, his father, of the east half of the lands of Baldorane, in virtue of a precept by John Stewarde, Lord of Dernle. Dated 17th January 1464 233
39. Process of Dispensation by William, Prior of St. Andrews, Vicar-General of
James, Bishop of St. Andrews, then abroad, Delegate of Philip, Cardinal Priest, by the title of St. Laurence in Lucina, Great Penitentiary of Pope Pius II., ab- solving Henry of Levyngstoun of Middilbenyng and Margaret of Parkle, who
1460-1471.] ABSTRACT OF CHARTERS, &c. XXV
Page were related in the third and fourth degrees of consanguinity, from the excom- munication which they had incurred by their marriage, and allowing them to marry of new. Dated 17th June 1460. (0 rig. Olorat Charter Chest) 235
40. Charter by John Duncansone, Burgess of Dunbertane, to Master George Abyr-
nethe, Provost of the Collegiate Church of St. Mary the Virgin of Dunber- tane, for his life, and after his death, to Walter Abyrnethe his carnel son, and the heirs-male of his body ; whom failing, to Robert of Abyrnethe, also his carnal son, and the heirs-male of his body, of a yearly annualrent of twenty shillings, from the tenement of the granter within the burgh of Dunbertane. Dated 6th November 1461. (Orig. Glorat Charter Chest) 233
41. Instrument of Sasine given by Thomas Schethwme of that Ilk, Baillie of
Thomas Chawmer of Drumlochy (in virtue of a precept, dated 12th August 1466, therein inserted), to Sir William Streueling of Keyr, Knight, of the lands of Kennoquhy in the barony of Lesly and sheriffdom of Fyf. Dated 16th August 1466. (Orig. Balfour Charter Chest) 239
42. Instrument of Sasine given by John Chalmer, Baillie of Thomas Chalmer
of Drumloquhy, to John Beton of Balfour, attorney of William Striueling of the Keyr, of parts of the lands of Kennoquhy. Dated 9th May 1472. (Orig. Balfour Charter Chest) 240
43. Tack by William Streueling of the Keyre to his loved cousin John Betone of
Balfour, of five eighteen parts of the lands of Kennoquhy, for nineteen years, for the yearly payment of eighteen merks six shillings and eleven pence. Dated at Kennoquhy, loth July 1473. (Orig. Balfour Charter Chest) 241
44. Instrument of Sasine in favour of Sir William of Sterling of Rathern, Knight, of
the lands of Litil Kynbuk and Mekle Kynbuk, in the regality of Stratherne and shire of Perth ; proceeding on precept by Sir William of Knollis, Knight, Preceptor of Torfychine, which narrates the resignation of the lands by Archi- bald of Kynbuk. Date of precept 8th, and of sasine 10th September 1468, 242
45. Instrument of Sasine given by Walter of Kinkell, officer of William Murreff of
Tulibardin, Knight, Steward of Stratherne, to William Stirling, son and heir of the deceased Sir William Stirling of Kere, Knight, of the lands of Kere and Classingall ; according to the tenor of the King's precept directed to the said Steward. Dated 23rd May 1471 243
XXvi ABSTRACT OF CHARTERS, &C. [1472-1473.
Page
46. Charter of Mortification by William Striueling of Keyr, whereby, for the health
of the souls of King James (III.), John Hepburne, Bishop of Dunblane, Luke Striuelyng, and Sir William Striuelyng, Knight, and Margaret his spouse, the father and mother of the granter, and for the health of his own soul, and the souls of his wife, children, and ancestors, and of all faithful dead ; he grants to Almighty God, the Heavenly Choir, and the Blessed and Glorious Virgin Mary, and to her altar on the north side of the nave of the Cathedral Church of Dunblane, and to Sir John Franch, perpetual chaplain at the said altar, and his successors serving and to serve God there for ever, a toft and croft of the lands of Keyr, the lands of Schanrach, the Wodland, and Classingall, an annualrent of forty shillings from the lands of Kippanerayt, and the mill of Strowe, with three acres of arable land of the lands of Strowe, and the pas- ture of six beasts in the nether part of the same lands : To be held by the said chaplains in pure and perpetual alms, for performing divine service at the said altar, with license to Sir John Franch to possess any ecclesiastical benefice or ehaplainry, with or without cure, for the whole time of his life ; but his successors were to reside in the city of Dunblane, and perform service at the said altar, and if they should be absent for two months without license from the granter and his heirs, the ehaplainry to become vacant eo facto. The presentation was to be with the granter and his heirs, who were to present a chaplain within two months after a vacancy, under a penalty of twenty merks, to be paid to the work of the Cathedral of Dunblane, and the presentation to devolve ilia vice to the Bishop of Dunblane for the time. Dated at Keyr, 26th April 1472, and Confirmed by John, Bishop of Dun- blane, at Dunblane, 10th May 1472 244
47. Notarial Instrument, attesting that Humphrey Stirling, son of Sir William
Stirling, Lord of Cadar, Knight, went, as procurator for his father, to the pre- sence of Walter Stewart of Morfy, and cited him to appear at the parish church of Striueline, to resign to the said William two parts of the lands of Estir Cadar, and to receive a suni of money thereupon due to him ; which Walter refused to do. Done in the public street of the burgh of Striueline, near the house of Elizabeth Stewart, Lady of Bigar, 10th May 1472 247
48. Letter under the Privy Seal of King James III., promising that no revocation
to be made by the King should prejudice his charter of erection of the lands of Keire, Lupnoich, Classingawis, Dachlewane, Retherne, Striueling, and Strowy, into the barony of the Keire, in favour of William of Striueling of the Keire and his heirs. Dated at Edinburgh. 28th January 1473 247
1474-1486.] ABSTEACT OF CHARTERS, &c. XXvii
Page
49. Letter of Reversion by William of Menteth of the Westkers, to William of
Striueline of the Kere, of the lands of Halcoyge in the barony of the Kere, and in warrandice thereof, the lands of Strowy, on payment of 200 merks on the high altar of the parish kirk of Logy beside Striuelyne ; he or his heirs having forty days previous warning, either personally, at their dwelling- places, or at the parish kirk of Alvay at time of high mass. Dated at West- kers, 6th January 1474 243
50. Letters of Resignation by Walter Stuart of Morphe, and Patrick of Stereling, the
son of umquhile Gilbert of Stereling and Isabella Tripney his spouse, of two parts of the lands of Easter Cadar, in the hands of William of Stereling, Larde of Cadare, Knight, their overlord, to remain with him, his heirs and assignees, for ever. Dated at Edinburgh, 22nd April 1477 249
51. Obligation by Walter Stuart of Morphy, whereby he declares that he had never
state, sasine, nor possession of the two parts of the lands of Ester Cadar, and binds himself not to molest Sir William of Streling of Cadar, Knight, in the peaceable possession thereof. Dated at Edinburgh, 29th April 1477... 250
52. Letter of Reversion by Matthew Forestar, Burgess of Striueline, to William of
Striueline of the Kere, of the lands of Dachlewyne, in the shire of Perth, on payment of 200 merks on the high altar of the parish kirk of Striueling, he, his heirs or assignees, having twenty days previous warning, y either per- sonally, at their dwelling-places, or at their parish kirk in time of high mass. Dated at the Abbey of Cambuskenneth, 27th August 1484 251
53. Letter of Reversion by Duncan Forester, burgess of the burgh of Striueline, to
William of Striueling of the Kere, of the lands of Dachlewin, and in war- randice thereof the lands of Auld Kere, on payment of 200 merks on the altar of Saint Andrew the Apostle, within the aisle of Saint Andrew, in the parish kirk of Striueling ; he, his heirs or assignees, having forty days pre- vious warning, either personally, at their dwelling-places, or at their parish kirk in time of high mass. Dated at Cambuskenneth, 10th May 1486 253
54. Charter by King James III. to his beloved familiar esquire, John Striueling,
son and apparent heir of John Striueling of Cragbernard, of the lands of Cragbernard, Balgrochquheris, Korfatrick, Leythhedis, and Balglass, within the earldom of Levenax and shire of Striueling ; which had been resigned in the King's hands by John Striueling, elder, reserving his own liferent ;
XXVlii ABSTRACT OF CHARTERS, &c. [1486-1487.
Page To be held by John Striueling, junior, and his heirs, of the King and his suc- cessors, Earls of Levenax, for services used and wont. Dated at Edinburgh, 29th May 1486. (Orig. Qlorat Charter Chest) 254
55. Obligation by Jonet of Quhannene, daughter and apparent heir to Mungo of
Quhannen of Stratheir, to obtain herself infeft in the lands of Stratheir, within the earldom of Stratherne and shire of Perth, and within eight days thereafter to infeft William Stewart of Baldorane, his heirs or assignees, in the four merk land of Ballifoule : To be holden of her, her heirs and assignees, in free blench farm, for a broad arrow at Midsummer, if asked ; and that under a penalty of 200 nierks to William, in name of damages and expenses ; 100 merks to the King, in name of pain ; and 100 merks to the Bishop of Dun- blane, for the kirk work of Dunblane : Given under her seal and the seal of Duncan Campbell of Glenorquhay, at the Isle of Bragane, 10th July 1486. (Orig. Glorat Charter Chest) 255
56. Retour of the Service before Alexander Cunyngahame of Polmais Cunyngahame,
sheriff-depute of Striueling, of William Striueling, as heir of William Striueling of Cadar, Knight, his father, in the lands of Lettyr, within the earldom of Leuenax and shire of Stirling, which were then valued at twenty merks, and in time of peace at ten pounds, were held of the King by the service of ward and relief, for giving yearly common suit at the King's courts of the earldom of Leuenax, and had been in his hands since the death of Sir William, three weeks before. Dated at Striueling, 29th May 1487 258
57. Instrument of Sasine, dated 31st May 1487, given by Patrick Blacader, baillie
of the barony of Glasgu, to William Sterulyng, as heir of the deceased Sir William Sterulyng of Cadder, Knight, his father, of the lands of Cadder ; which proceeds on and transumes
(1.) Precept of Clare Constat by Martine Wane, Chancellor, Gilbert Rerik, Archdeacon, and Patrick Leiche, Canon and Official, all of the Church of Glasgow, and Vicars-General of Robert (Blacader) Bishop of Glasgow, then abroad, for infefting said William Sterulyng, as heir of his father, in said lands, conform to the succeeding Retour. Dated at Glasgow, 30th May 1487; and (2.) Retour of the Service before the said baillie of said William Sterulyng, as heir of said William Sterulyng, in said lands, which were then valued at eighty-five merks, and in time of peace at the same ; were held of the
1487-1488.] ABSTRACT OF CHARTERS, Sec. Xxix
Page Church of Glasgow, and the Bishop thereof for the time, by ward and relief,
for giving four pounds Soots and three suits at three head courts yearly,
with other services used and wont ; and had been in the hands of the
Bishop of Glasgow, as superior, since the death of Sir William three
weeks and three days before. Dated at Glasgow, 30th May 1487 259
53. Instrument of Sasine given propriis manibus by Colin Campbell of Achinquhoye, superior, to William Stirlyng of Caddar, son and heir of Sir William Stirlyng of Caddar, Knight, as heir of his father, of the lands of Kyrkmichell Stirlyng, in the shire of Dunbertane. Dated 31st December 1487 262
59. Discharge by Colin Campbell of Auchmhowe to William of Strewiling of Cadar,
for twenty pounds, as a composition made by arbiters for the relief of the lands of Branzet, Ballinkeir, Kyrkmychell, and Blarnarne. Dated at Crag- barnarde, 15th January 1488 262
60. Charter by Colin Campbel of Achowye, to William Styrling, son and heir
apparent of William Styrling of Cadder, and Elizabeth Bochquhanne his spouse, and their heirs, of the lands of Kyrkmechall and Blarnarne ; which had been resigned by William Styrling of Cadder : To hold of the granter and her heirs for the service contained in the old infeftments. Dated at Kyrkinechall, 25th July 1493 263
61. Instrument of Resignation by William Striueling of Kere, of the lands of Kere,
the tower and place of Kere, and the lands of Kippanedavy, Classingall, Strowe, Lupnoch, Raterne-Striueling, and Dalchlewane, and an annualrent of forty shillings from the lands of Kippanerate, all in the earldom of Strath- erne, in the hands of King James IV., that they might be erected in a barony, to be called the Barony of Kere. Done in the Royal Chamber in the Castle of Striueling, at nine hours before noon, on 9th January 1488 264
62. Charter by King James IV., whereby, after narrating that it had been shown to
him and the Lords of his Privy Council, that his deceased father James III. (whose soul might God pardon), had, instigated by evil councillors, during his last residence at the town of Striueling, burnt the tower and place of Kere, be- longing to the King's beloved familiar, Sir William Striueling of Kere, Knight ; and that the said William had stated to the King and his council, that his charters and infeftments had been burnt and destroyed in the said tower, and had also shown to them a retour of his lands which held of the King in blench- farm : the King, willing that the said William should not suffer damage or
' e
XXX ABSTRACT OF CHARTERS, &c. [1488-1498.
Page prejudice by the destruction of his charters, but rather that lie, for his faith- ful service, should be of new infeft in his lands, granted to him the above lands and annualrent, which had been resigned as above, and created and united them in a free barony, to be called the Barony of Kere : To be held by William and his heirs, for giving yearly a pair of gilt spurs at the tower and place of Kere, on the feast of St. John the Baptist, in summer, in name of blench-farm, if asked. Dated at Striueling, 9th January 1488 265
63. Instrument of Sasine given by John Ruthven of Cragingal, baillie and depute
of William Lord Ruthven, sheriff of Perth (by command of the King's brieve of sasine), to John Boquhannan, son of the deceased Walter Bo- quhannan, of the lands of Pytquhonerte. Dated 10th November 1490 267
64. Charter by King James IV. to John Striueling, son and heir apparent of William
Striueling of Kere, Knight, of the barony of Kere which had been resigned by William in the King's hands : To be held by John and his heirs, for service use and wont : Reserving the liferent of William and the terce of Margaret Creichtoun his spouse, when it should happen. Dated at the Castle of Meware in Ardmurquhane, 18th May 1495 268
65. Notarial Instrument, whereby Alexander Kynross and John Kinross, his son and
apparent heir, placed themselves under the control of Sir William Stryueling of Kere, Knight, and his heirs, concerning the government and rule of their persons, and their entry to the lordship of Kyppanross, and the disposal thereof as Sir William and his heirs should please ; except the sale thereof and the exhereditation of the said Alexander and John and their heirs : and swore that they and their heirs would, from the date thereof, be faithful men for ever to the said knight and his heirs, and thereupon did homage as use was in like cases; and if they should fail, they would, besides performance, pay five hundred pounds to Sir William and his heirs as damages and ex- penses. Done in the chamber of Sir James Belses, Sub-Dean of Dunblane, within the city of Dunblane, at ten hours before noon, on 15th December 1497, 269
66. Letter of Reversion by John of Buchquhanan of Glassingall, son to umquhile
Walter of Buchquhanan of Petquhonerte, to Robert of Buchquhanan of Lane, of the lands of Lane, called the Fermouris Landis, and the mill of Lane, lying in the Stewartry of Menteth, on payment of 200 merks on the high altar of the parish kirk of Lane, he, his heirs or assignees, receiving fifteen days warning at the parish kirk of Lane on a solemn day, in time of high mass. Dated at the Parish Kirk of Lane, 16th June 1498 270
1498-1501.] ABSTRACT OF CHARTERS, Ac. XXxi
Page
67. Instrument of Resignation by Andrew Vod of Blayrtoune, procurator of John
Buchquhanan of Pytquhonerty, of the lands of Pytquhonerty, in the shire of Perth, in the hands of King James IV. in favour of Robert Buchquhanan of Lany : Done in the College of St. Mary, near Dunbertan, at three hours after noon, on 17th June 1498 271
68. Contract between Sir Patrick Hwme of Polworcht, Knight, and Sir William
Striueling of the Kere, Knight, whereby they agree that John of Striueling, son and apparent heir of Sir William, should marry Margaret Home, daughter of Sir Patrick, and failing her, Sibbale Home her sister, and so forth, as long- as Sir Patrick had a lawful daughter, until the completion of the marriage, ' at the lauchfule age of the said barnis, the maill beying of fourtene yeris, and the femell twelf yeris ; ' and that Sir William should give in conjunct infeftment to his son and his spouse, twenty pounds worth of his lands of Strathallone, in the shire of Perth ; and as these lands were in wadset, would infeft them in as much of either the lands of Lumbany or Balquhomry, as Sir Patrick should please, until Strathallone was redeemed. For the which Sir Patrick bound himself to pay 450 merks to Sir William of Murray of Tulibardine, Knight, and John of Kynross of Kippane Ross, the heir of umquhile Jonet of Kinross of Kippane Ross, for the discharge of a reversion (containing £133, 13s. 4d.) of the lands of Lubnoch, made by umquhile Sir William of Striueling of Reterne, Knight, father of Sir William, to the said umquhile Jonet : And in security of the completion of the marriage, Sir Wil- liam was to infeft Sir Patrick in the lands of Balquhomry, in the barony of Leslie and shire of Fife, to be held of him and his heirs iu blench-farm for two pennies, and reserving half an acre to do the over lord service : And as Agnes Bruce had the liferent of ten pounds worth of Balquhomry, Sir William would, in warrandice thereof, infeft Sir Patrick in the lands of Lumbany, in the barony of Banbrech and shire of Fif, the lands of Glenty, in the shire of Percht, and his forty shilling annualrent from Kippane Rait ; and Sir Patrick would give his letter of reversion to resign the whole lands on the completion of the marriage ; but if the marriage should fail by decease of John, or of the daughters of Sir Patrick, or if the King should obtain John's marriage by decease of Sir William, then the lands should be re- deemable on payment of 400 merks ; or on payment of 700 merks if the marriage should fail ' be dissent or wilfulnes of the said Jhonne or Wil- liam his fader;' and Sir Patrick should not enter into possession until the completion of the marriage, or failure thereof as above. Dated at Edinburgh, 30th March 1501 272
XSxii ABSTRACT OF CHARTERS, &c. [1502-1504.
Page
69. Contract between John of Styrling of Cragbernard, Comptroller to the King, George
Styrling, his son and apparent heir, and Elizabeth Park, spouse of George, on the one part, and Alexander Craufurd of Kylwynnat, on the other part, relative to the excainbion between the parties, of the half lands of Spango, in the barony and sheriffdom of Renfrew, belonging to the first parties, for the lands of Kyl- wynnat, in the earldom of the Lennax and sheriffdom of Stirling, belonging to the second party ; and as Kylwynnat was of greater value than Spango, John of Styrling was to pay Alexander Craufurd 100 merks within forty days there- after. Dated at Glasgow, 1st May 1502. (Orig. Olorat Charter Chest) 275
70. Procuratory by said George Striueling, and Elizabeth Pork, to William Scott of
Balwery, Knight, Alexander Lawdir, Provost of Edinburgh, and others, for resigning their lands of Kilwynnet in the hands of Matthew, Earl of Lewinax, Lord Dernele, their superior. Dated at Edinburgh, 16th March 1502. {Orig. Glorat Charter Chest) 276
71. Bond by John Striueling of Cragbernarde, to Elizabeth Park, spouse of George
Striueling, his son and apparent heir ; whereby, after narrating that Elizabeth had resigned her lands of Killvynnet, in favour of John and his heirs-male, which failing the heirs-male to be gotten between George and Elizabeth ; he binds himself, that if Elizabeth should have no heirs-male, but only daughters, who would have succeeded to Cragbernarde and Killvynnet but for the said tailzie ; if there should be but one daughter, he or his heirs-male would marry her to a man of as great a living as Cragbernarde and Kyllwinet, and if there should be more daughters than one, each should be married to a man of as great a living as she would have had from the said lands, were it not for the said tailzie ; under the penalty of £100 to each of the daughters. Dated at Edinburgh, 18th March 1502. (Orig. Glorat Charter Chest) 277
72. Precept by Thomas Hume of Langschaw, Knight, for infefting John Striueling
of Cragbernard, Knight, in the lands of Quhitleys, within the lordship of Stewartoune and shire of Ayr, in terms of the charter given him thereupon. Dated at Edinburgh, 27th August 1503. (Orig. Glorat Charter Chest) 279
73. Discharge by George Campbell, son and apparent heir to George Campbell of
Cesnok, to Sir John Striueling of Cragbernard, Knight, of the warrandice of the lands of Quhitleys, which had been sold by Sir John to George and Janet Montgumry, his spouse. Dated at Edinburgh, 22nd December 1504. (Orig. Glorat Charter Chest) 280
1505-1506.] ABSTBACT OF CHAHTEES, &C. XXxiil
Page
74. Precept directed by William of Striuelyne, Laird of Cadder, to Master John of
Striuelyne, Chaplain (and Curate of Cadder), and others his Baillies, for giving liferent sasine of the lands of Cragbrey, in the barony of Berune Bogall and shire of Lithgou, to his loved friend, William of Hammiltoune in Kyn- cauyill. Dated at Cader, 27th December 1505 281
75. Precept directed by Robert (Blacader) Archbishop of Glasgow, to his brother-
german, Sir Baldred Blacader, for infefting William Striueling, son of the deceased William Striueling of Cadder, as heir of his father, in the lands of Cadder, which held of the Metropolitan Church of Glasgow, and the Prelates thereof for the time, for payment of £4 yearly, and £2 for the light of St. Mungo, and three suits in three head courts yearly, with other due services used and wont; and had been in the hands of the Archbishop as superior, for forty days, since the death of the said William. Dated at Glasgow, 23rd March 1505 281
76. Retour of the Service before Nicholas Craufurd, sheriff-depute of Linlithgow,
of William Striuelyne, as heir of the deceased William Striuelyne of Cadder, his father, in the lands of Cragbrey, which were then valued at six merks, and in time of peace at forty shillings, and held of the baron of Dummany in blench-farm, for giving yearly a pound of pepper, with three suits of court at three head pleas of the barony of Dummany, in name of blench-farm, if asked ; and the fee thereof had been in the King's hands, through ward, since the decease of John Movbray, heir of Sir David Moybra ; and the free tenement had been in the hands of the said Sir David Movbray of Dummany, Knight, through reservation, since the death of William Striuelyne, three months before. Dated at Linlithgow, 9th May 1506 282
77. Retour of the Service before Matthew, Earl of Leuenax, Lord Demle, and sheriff
of Dunbertane, of William Strivelyne, as heir of the deceased William Striueling of Cadder, his father, in the lands of Branzeid and Bawincleir, in the earldom of Leuenax and shire of Dunbertane, which were then valued at £20, and in time of peace at nine merks, held of Colin Campbell of Achinoye, for the service of ward and relief, and had been in his hands since the death of William, three months before. Dated at Dunbertane, 12th May 1506 283
78. Instrument of Resignation by David Someruaile of Plane, of part of one-seventh
part of the lands of Glorett, within the earldom of Levynnax, and shire of Dunbertane, in the hands of Matthew, Earl of Levynnax, in favour of
XXxiv ABSTRACT OF CHARTERS, Ac. [1507-1508.
Page John Striueling of Craigbernard, Knight, and his heirs ; and moreover, David
bound himself .to give to John a letter of warrandice of the said lands against
the laird of Bord and all others. Done within the new building of the King's,
near the monastery of Holyrood of Edinburgh, 9th February 1507. (Orig.
Glorat Charter Chest) 284
79. Charter by Matthew, Earl of Levinax, Lord Dernlie, to John Striueling of
Cragbernard, Knight, his heirs and assignees, of the lands of Glorat, extend- ing yearly to nine pounds ten shillings and fivepence halfpenny of land, part of which lands had belonged to the Earl by the resignation of James Flemyng of Borde, and the remainder had been resigned by Elizabeth Kincaid of that Ilk, spouse of Thomas Kincaid, James Turnbule, David Someruile of Plane, Christian Hepburne, and Margaret Hepburne, spouse of Walter Sellar : To be held for giving three suits of court, at the three head pleas held yearly at Balloch, and ward, relief, and marriage, when they should happen. Dated at Edinburgh, 27th May 1503. (Orig. Glorat Charter Chest) 285
80. Charter of Confirmation by Matthew Earl of Lieuenax and Lord Dernlie, of a
Charter by John Striueling of Cragbernard, Knight, whereby, for the praise, glory, and honour of Almighty God, the glorious Virgin Mary, and all the saints of Paradise, for the safety and prosperity of King James IV., and after his death for the souls of himself, his ancestors, and successors, for the souls of Matthew Earl of Levenax, the deceased Andrew Stewart, Lord Avandale, Chancellor of Scotland, Colin Earl of Argyle, Lord Campbell, George Abir- nethy, provost of the collegiate church of Dunbertane, and Alexander Stewart of Avandale, and for the souls of the granter himself, Margaret Abyrnethy his spouse, their fathers, mothers, and children, and for the souls of all to whom he was indebted in this world ; he grants to God, the Virgin Mary, all the saints of Paradise, and to a chaplain to serve God in the parish church of Campsi, and in a chapel founded by him in honour of the Virgin Mary within his place of Cragbernard, an annualrent of twelve merks and ten shillings to be yearly taken from his lands of Cragbernard and Glorat : To be held in perpetual alms. The chaplain was to reside continuously, and if he should be absent for fifteen days together, the chaplainry should be vacant ; he was to serve in Campsi Church three days in the week, and in the Chapel four days, and should exhort the people at every mass to say a Pater Noster and Ave Maria for the above souls : he should not keep a concubine in his house, and if this should be known, the chaplainry should become vacant; and on its becoming vacant, the granter and his heirs should present a chaplain within
1508.] ABSTRACT OF CHARTERS, etc. XXXV
Page twenty days : the chaplain was on every Saturday to say Placebo and Dirige,
with the usual collects, for the said souls: and ten shillings of the annualrent
was to be expended in bread, wine, and candles, for the service of the mass.
The charter and its confirmation are both dated at the Earl's place of Inchen-
nen, 6th June 1508. ' (Orig. Glorat Charter Chest) 286
81. Charter by Matthew, Earl of Leuenax and Lord Dernly, to his beloved servant,
William Stryueling, son of his beloved cousin, John Stryueling of Cragber- nard, Knight, of the lands of Glorat, in the earldom of Levenax, and shire of Dunbertane, which had been resigned by John in the earl's hands, at the lands of Gonze in Kilsyth : To be held by William and the heirs-male of his body ; whom failing, by Walter Stryueling, his brother, and the heirs- male of his body ; whom failing, by the said John Stryueling, his heirs and assignees whomsoever, for giving three suits of court at Ballach ; and six merks to the chaplain at the chapel of Cragbernard and the parish church of Campsy : Reserving the liferent of said lands to said John Stryueling, and a reasonable terce to his spouse. Dated at Inchynane, 10th October 1508. (Orig. Glorat Charter Chest) 288
82. Charter of Mortification by John Striueling of Kere, Knight; whereby in aug-
mentation of divine worship, and moved by charity, for the praise and honour of God Almighty, the Virgin Mary, St. Anne her mother, and all the saints of the heavenly choir, for the health of the souls of James IV. King of Scots, Margaret Queen of Scotland, his spouse, their children, ancestors, and suc- cessors ; and for the health of the souls of Lucas Striueling, Sir William Striueling, and Sir William Striueling, Knights, John's grandfather and father, Margaret Cunynghame his grandmother, Margaret Creichtoun, Lady Sympile, his mother, and Catherine Striueling, Countess of Angus, his sister, and for the health of his own soul and those of his wife, their ancestors and successors, and for the souls of all faithful dead ; he grants to Almighty God, the blessed Virgin Mary, mother of God, and all saints, and to her altar on the north side of the nave of the cathedral church of Dunblane, and to Sir Thomas Myllar and Sir Archibald Balcomy, chaplains, and their successors, chaplains at the said altar, an annualrent of twenty pounds from the lands of Schanraw, Wodland, and Kippinerate, and the mills of Strowy and Kcir, within the shire of Perth : To be held to the said chaplains and their
1 This charter was also confirmed by a charter, under the Great Seal of King James IV., dated at Edinburgh 7th June 1508.
XXXVI ABSTRACT OF CHARTERS, &c. [1509-1510.
Page successors in perpetual alms, for performing divine service at the said altar,
either personally or by a chaplain licenced by the granter and his heirs, as patrons ; and the said chaplains were to reside in the city of Dunblane, and celebrate continually divine service there, and- if they should fail to do so for two months without licence, the chaplainries should be void : The presentation to the chaplainries should pertain to Margaret Creichtoun, mother of the granter, for her life, and after her death to him and his heirs ; and the col- lation should pertain to the Bishop of Dunblane and his successors : but if the patron should not present a chaplain within two months after a vacancy, the presentation should devolve, for that time only, on the Bishop of Dunblane for the time. Dated at Dunblane, 2nd October 1509 289
83. Charter by William Menteth of West Kers, Knight, to William Striueling of
Cader, of the lands of Vchiltreis, with the manor and mill thereof, in the barony of West Kers and shire of Striueling ; which had formerly belonged to the said William Striueling, and held of the granter as lord of the said barony : which barony had been recognosced in the King's hands, on account of the alienation of the greater part thereof without his licence ; but which recognition had been compounded for by the granter, who had received licence to alienate the same to his tenants : To be held by William Striueling, his heirs and assignees, for ward and relief, and three suits yearly at three head pleas of the barony. Dated at Edinburgh, 7th February 1509 291
84. Discharge by William Menteth of the Kers, Knight, to William Striuelyng,
Laird of Cadder, for three score and ten merks, in part payment of a greater sum, for the discharge of the recognition of the lands of Huchiltre by the King. Dated at Aluetht, 3rd June 1510 292
85. Indenture between Robert Lord Erskin and William Striuelyng of Glorat,
keeper of the Castle of Dunbertane, narrating that William had delivered to Lord Erskine the said Castle, with the gear and goods thereof, mentioned in the indenture, as proper goods pertaining to the King, by reason of the keeping of the said Castle. Dated at the said Castle, 24th June 1510. (Orig. Glorat Charter Chest) 293
86. Decree Arbitral by William [Elphinston] Bishop of Aberdeen, Andrew [Stewart]
Bishop of Caithness, David [Hamilton] Bishop of Argyle, George [Hepburn] Postulate of the Isles, Matthew Earl of Levinax, and Master James Henrison of Stratonhall, Justice Clerk ; finding that John Hamiltoun of Pardowy,
1510-1513.] ABSTRACT OF CHARTERS, &0. XXXvii
Page John Logan of Gartconvel and others, who had bought the lands of Blacharne
and others, from Thomas Galbraith of Balkindroeh, had expended 600 ruerks
for his sustentation, and ordaining them to pay the King 900 merks for
confirming their rights, and to give the said Thomas reversions to the said
lands, and the latter was to have a brieve of idiotry served on him, and
be interdicted from alienating of his lands, and the said persons were,
among them, to pay him £20 yearly during his life, for his support.
Dated at Edinburgh, 8th November 1510 294
87. Charter by Alexander Lord Hwyme, to his beloved uncle Adam Creichtoun of
Rothvvens, Knight, and Isabella Gray, his spouse, of the half lands of Inner- alloun, within the sheriffdom of Streueling, and barony of Howyme : To be held for payment of a penny Scots in name of blench-farm. Dated at Edinburgh, 4th April 1510 295
88. Precept of Sasine by Alexander Lord Hume, Great Chamberlain of Scotland, for
infefting his beloved Catherine Striueling, daughter of the deceased William Striueling of Keir, Knight, in the liferent, and John Hume, the son of the granter by Catherine, in the fee of the lands of Innerallone, in terms of a charter made to them thereupon. Dated at Edinburgh, 11th June 1513 296
89. Letter of Reversion by Walter Forestare of the Torwoude, Knight, to John of
Striuelyng of the Kere, Knight, of the lands of Dachlewane, on payment of 200 merks on the high altar of the parish kirk of Striueling ; he, his heirs or assignees, receiving forty days' previous warning, and if they should fail to appear, the sum to be consigned for their behoof in the hands of the provost or baillies of Striueling. Dated at Edinburgh, 18th July 1 51 3 297
90. Decree by the Lords of Council, finding that the lands of Lupno, Dauchlewan,
and Raterne Striueling, otherwise called the Cogis of Straithalloun, belonging to Sir John Striueling of the Keir, Knight, and held of the King by service of ward and relief, had, notwithstanding the annexation thereof to the barony of Kere, been recognosced in his lands through the alienation of the greater part thereof without his consent. Dated at Edinburgh, 12th May 1513 298
91. Assignation by Marion Muschet, lady of the full third of the lands of Lany, to
Patryk Buchquhannan of Lany, her ' neuo,' of her third of the lands of Lany, and her terce of the lands of Ester and Wester Laydmurquharteis, during her life ; he sustaining her in meat, drink, and clothes during her life ; and also
/
XXXVl'ii ABSTRACT OF CHARTERS, Ac. [1513-1515.
Page giving to him all her debts, with power to uplift them. Dated at Lany, 23rd
November 1513 298
92. Notarial Instrument, narrating that John, Lord of Erskin, sheriff of Striueling,
had, in terms of the King's brieve of division, elected an inquest, to find whether Alexander Lord Hume, and Great Chamberlain of Scotland, had right to the half of the lands of Innerallone, who found that he had ; where- upon the said sheriff, after casting lots, gave the Lord Hume the sunny side of the said lands. Done in the Courthouse of Striueling, 3rd October 1514, 299
93. Obligation by John, Earl of Leuinax and Lord Dernlie, to his trusty cousin and
familiar servitor, William Stryueling of Glorat, whereby for his having obtained the Castale of Dunbertane for the Earl, and for his faithful and thankful service clone to him, the Earl binds himself to infeft William in the lands of the Kepoch, within the earldom of Leuenax, and shire of Dunbertane, to be holden for a penny of blench-farm ; and also to obtain the renunciation thereof by ' my lady our moder;' under the penalty of 500 merks. Dated at Dunber- tane, 3rd February 1514. (Orig. Glorat Charter Chest) 301
94. Grant by John, Earl of Leuenax and Lord Dernle, to his trusty cousin and
familiar servitor, William Stryuelyng of Gloret, of the office of Captain and Keeper of the Castle of Dunbertane during his life ; with the profits per- taining thereto. Dated at Dunbertane, 6th February 1514. (Orig. Glorat Charter Chest) 302
95. Letters of Gift under the Privy Seal, by King James V., with consent of John
Duke of Albany, Protector and Governor of the realm, to John Striueling of the Keir, of the nonentry of the half lands of Brekland Kinloch, in the shire of Perth and stewartry of Menteth, and then in the King's hands through nonentry, until the lawful heir should enter. Dated at Edinburgh, 10th October 1515 303
96. Decree by the Lords of Council, ordaining John of Kinross as heir to uniquhile
Jonet Kinross of Kippenross, to infeft John Striueling of the Keir, Knight, in as good land, in as competent a place, as freely holden, and of as great avail, as the lands of Lubnoch, which had been granted by the said Jonet Kinross to umquhile William Striuling, grandfather of the said John Striueling, with clause of warrandice ; but had notwithstanding been recog- nosced in the King's hands, through the alienation thereof without his con-
1515-1517.] ABSTRACT OF CHARTERS, Ac. XXxix
Page sent ; or otherwise to pay to John Striueling 650 merks for the warrandice
of Lubnoch, which was the composition that would have been payable to the
King and his treasurer for the said recognition. Dated at Edinburgh, 15th
February 1515 305
97. Contract between Sir John Striueling of the Keir, and John Kinross of
Kippenross, whereby, after narrating the above decree, Sir John remitted to John £100 of the above 650 merks ; and as John had not the re- mainder in ready money, he bound himself to infeft Sir John and his heirs in the lands of Auchlochy, in the shire of Perth, and in his lands of Spittal Croft and Merzonis Akir, at the Brigend of Dunblane ; and as half of Auch- lochy was wadset to Walter Stewart for 110 merks, he would assign the reversion to Sir John that he might redeem the same; all under reversion to John, on payment of 610 merks on the high altar of the cathedral kirk of Dunblane : And Sir John thereby discharged all obligation and bonds he had of John before the date thereof. Dated at Striueling, 10th April 1516, 306
98. Tack by Henry, Abbot of Lindoris, and the Convent thereof, to Sir John
Strevelinge of the Kere, Knight, of the lands of Benee and Catkin, with the teind sheaves thereof, in the shire of Perth, and regality of Lindoris, for nineteen years from Whitsunday then next, for the yearly payment of £12 Scots, multures to their mill of all corns growing on the land, ' harreage, careage,' and due service. Dated at Lindoris, 16th September 1516 309
99. Charter by King James V. with consent of the Regent Albany, to Isobella Gra}r,
relict of the deceased Adam Creichtoun of Rothvenis, Knight, and her heirs, of the half lands of Inneralloun, which had been formerly held by her and her spouse of the deceased Alexander Lord Hume, who held immediately of the King, and then pertained to the King by the escheat and forfeiture of Lord Hume, who had been convicted of high treason and executed ; and as Isabella was innocent of Lis crimes, the King willed that his forfeiture should not prejudice her infeftmont : To be held for services used and wont before the forfeiture. Dated at Edinburgh, 18th November 1516 310
100. Charter of Confirmation by King James V., with consent of the Regent Albany,
of a charter by Isabella Gray, Lady of Dudop, and relict of Adam Creich- toune of Ruthvenis, to John Striueling of Kere, and his heirs, of the half lands of Inneralloun : To be held for service used and wont. Charter dated at Edin- burgh, 13th March 1516. Confirmation dated at Edinburgh, 26th March 1517, 31 1
xl ABSTRACT OF CHARTERS, Ac. [1517-1522.
Page
101. Letter by King James V., appointing John Birsbane of Bischoptoun, William
Flemyng of Bolghall, and others, attorneys for Marjory Birsbane, spouse of William Striueling of Glorat. Dated at Edinburgh, 20th April 1517 313
102. Indenture between John of Striueling of the Kere, Knight, and John of Kyn-
ross of Kippaneross, whereby John renounces his Summons of Reduction of the Decree of Warrandice of Lupnoch, No. 96 ; ratines the Instrument of Manrent and Service by himself and umquhile Alexander Kynros, his father, No. 65 ; and binds himself to pay to Sir John 200 French crowns of gold, or else 14 shillings for each crown : For which Sir John discharges the penalty of £500, contained in the said Instrument of Manrent, and approves the discharge of £100 contained in another Indenture between them (No. 97) ; and binds himself to defend John anent the houses and croft of Spetalis Croft and Maryonis Akir, and in his just quarrels and actions with William of Murray of Tulibardin, Knight : And notwithstanding the reversion of Auchlochy con- tained 610 merks, Sir John would be satisfied with 500 merks, and a letter of assedation of the lands after the outquitting of the same. Dated at Edinburgh, 15th March 1518 313
103. Precept by John Earl of Lauenax for infefting John Striueling, as heir of
the deceased George Striueling of Cragbernard, his father, in the lands of Estir Ballevin, within the earldom of Lauenax, and shire of Dunbertane. Dated at Glasgw, 18th April 1520. (Orig. Glorat Charter Chest) 316
104. Notarial Instrument, narrating that James (Chisholm) Bishop of Dunblane, with
consent of his chapter, erected the nine chaplainries in the choir of his cathe- dral church into perpetual chaplainries ; and collated Sir Thomas Watson, chap- lain, to the first chaplainry of Keir within the said choir. Dated 14th May 1522, 317
105. Grant by James (Bethune) Archbishop of Glasgow, Chancellor of Scotland,
to John Striueling of the Keir, Knight, of the ward of Cadder, which had pertained to umquhile Andrew Striueling of Cadder, and were then, through his decease, in the Archbishop's hands, as superior ; together with the marriage of Janet, daughter and heir of Andrew. Dated at Edinburgh 15th September, and confirmed by the canons of Glasgow, met in their chapter house, after the sound of the bell, on Saturday, the last of February 1522 318
106. Grant by James (Bethune), Archbishop of Glasgow, Chancellor of Scotland,
to John Striueling of the Keir, Knight, of the ward of the lands of Cadder,
1522-1525.1 ABSTRACT OF CHARTERS, &c. x\[
Page which had pertained to umquhile Andrew Striueling of Cadder, until the
entry of the lawful heir. Dated at Edinburgh, 14th October 1522 319
107. Ratification by Gavin (Dunbar), Archbishop of Glasgow, of the above Gift,
notwithstanding Marjory Cunynghame, the lady of conjunct fee of part of Cadder, had since died. Dated at Edinburgh, 16th February 1524 320
108. Precept by William Balfour of Buchopill, for infefting Walter Grahame, son
of the deceased Malise Earl of Menteth, and Marjory Campbell, spouse of Walter, in conjunct infeftment, in the lands of Drongy, &c. Dated at Striueling, 17th June 1523 321
109. Gift by Colin Campbell of Aucbinhowe to William Striuiling of Glorat, of the
ward of the lands of Branzait, then in his hands, as lord of the same, by the decease of umquhile Andrew Striuiling of Cadder, until Andrew's daughter should be of lawful age. Dated at Glasgow, 10th October 1523 322
110. Bond of Manrent by Laurence Craufurd of Kilbarny and Hew Craufurd his
son, with consent of his father, to John Striueling of Keer, Knight, and James Striueling his son and apparent heir, for all the days of their lifetimes. Dated at Edinburgh, 26th October 1524 323
111. Charter by John Earl of Levinax to John Striuiling of Keir, Knight, his heirs
and assignees, of the superiority of the lands of Bardowy, &c, and the patronage of Bothernok, &c, in the lordship of Levinax, and shire of Dun- bertane, pertaining to John Hammyltoun of Bardowy, in property and tenandry, and held of the Earl of Levinax : To be held for services used and wont. Dated at Edinburgh last February 1524 324
112. Grant by King James V. with consent of the Queen his mother, to John Earl of
Lennox, Lord Darnley, to be Captain, Constable, and Keeper of the Castle of Dumbartoun, for the space of five years, with power to make constables, &c. Dated at Edinburgh, 21st August 1525. (Copy in Glorat Charier Chest) ... 324
113. Gift by King James V. with advice of the Lords of the Privy Council, chosen
by the three Estates of Parliament, to his beloved familiar, John Striueling of the Keir, Knight, his heirs and assignees, for his good and thankful service done to the King, of £600, which were adjudged by arbiters to be paid by John Hammyltoun of Bardowy and others, to the king's umquhile father
xlii ABSTRACT OF CHARTERS, &c. [1526-1529.
Page (James IV.) for his confirmation of the lands of BaLkindrocht, &c, accord- ing to the decree, No. 86. Signed by the King and by the Archbishop of St. Andrews, the Bishop of Dunblane, and the Earls of Angus, Lennox, and Argyle, at Edinburgh, in the thirteenth year of his reign (1526) 325
114. Licence by King James V. to John Striueling of Keir, Knight, to sell or wadset
the superiority of the lands of Bardowe, to James Hammiltoun of Fynnart, Knight, who held them of John Striueling, who held them of the King. Given under the Privy Seal and Sign Manual at Edinburgh, 28th January 1526 327
115. Obligation by James Hammyltoun of Fynnard, Kuight, to John Striueling of
the Keer, Knight, whereby, after narrating that Sir John had become bound to infeft Sir James in the lands of Perdowy, &c, to be held of the King, which pertained to Sir James in superiority, and to John Hamyltoun of Per- dowy in property, he binds himself to renounce the warrandice thereof, if it should be found that umquhile John Earl of Leuinax (Sir John's author), had no right thereto : and also, not to molest William Striueling of the Gloret in the right of the marriage of the heritor of Perdowy, disponed by Sir John to him. Dated at Perth, 8th February 1526 328
116. Gift by James Hammiltoun of Fynnart, Knight, Captain of the Castle of Dun-
bertane, to William Stirling of Glorat, as his depute in said office for seven- teen years (in consideration of £300). Dated at Lythgw, 19th March 1527. {Orig. Glorat Charter Gliest) 329
117. Letters by King James V. under his Privy Seal and Sign Manual, promising
to receive John Striueling of the Keir, Knight, as his heritable tenant of the lands of Litill Cog and corn mill of the Coggs, in the shire of Perth, when he should redeem them from the heirs of umquhile Walter Forester of Garden. Dated at Striueling, 27th May 1528 330
118. Tack by James Sandelandis of Crewy, to John Striueling of the Keir, Knight, of
the lands of BroMand Kinlocht, for five years from Whitsunday then next, for payment yearly often merits. Dated at Newerk, 21st April 1529 331
1 19. Grant by King James V. to John Striueling of Keir, Knight, of the marriage
of Jonet Striueling, daughter and heir of umquhile Andrew Striueling of Caddcr. Dated at Edinburgh, 22nd July 1529 332
1531.] ABSTRACT OF CHARTERS, &c. xliji
Page
120. Charter by John Striueling of Keir, Knight, to Master Adam Otterhurne of
Auldhame, Provost of Edinburgh, and King's Advocate, his heirs and assignees, of the lands of Balquhumry and Arnettis Croft, in the barony of Leslie and shire of Fife : To be held of George Earl of Rothes, Lord Leslie, and his heirs, Barons and Lords of Leslie, in blench-farm. Dated 1531, 333
121. Instrument of Renunciation by James Hammiltoun of Fynnart, Knight, in the
hands of King James V., of the nonentry and ward of the lands of Crukisfee, &c, within the shire of Renfrew, except the tenandries of John Lord Erskyn, and Robert Stewart of Mynto ; and of the marriage of Matthew Earl of Leuenax, son and heir of the deceased John Earl of Leuenax, in favour of the said Earl Matthew : and also the office of keeper or captain of the Castle of Dunbertane, in favour of the said Earl, his heirs and assignees; reserving the assignation thereof to William Striueling of Glorat : Done in the inner royal chamber, within the monastery of Holyrood, 28th April 1531. (Orig. Qlorat Charter Chest) 334
122. Act of the Court of Justiciary, held at Dunbertane, on Monday 23rd October
1531, before John, Lord Erskiu, and John Campbell of Lundy, Knight, the King's justices, in the absence of Archibald, Earl of Argyle, Lord Campbell, and Lome, Justice-General ; whereby William Striueling of Glorat finds John Striueling of Cragbernard and himself sureties to satisfy the parties, for his oppression of William Edmonstone of Duntreicht, b}' withholding from him his place of Duntreicht for three years. (Orig. Glorat Charter Chest) 335
123. Renunciation by Alexander Bishop of Murray, Commendator of the Abbeys of
Scwne and Inchaifray, for himself and his convent of Scone, to John Striue- ling of the Keir, Knight, of the lands of Strowe, which they had apprised for certain sums which he should have paid them for their teind pennies of the office of sheriffship of Perth, during the three years he received them. Dated at Edinburgh, 4th May 1531 336
124. Letters directed by the Official of Lothian, to the Curate of Edinburgh or
any other chaplain, ordaining him to excommunicate in his church, before the people in time of mass, John Kynross of Kippenross, for not fulfilling a contract between him and John Striueling of Keir, Knight. Dated at Edin- burgh, 1st May 1531, with Executions affixed (both dated on Whitsunday), by Robert Cristeson, curate of Striueling, that he had excommunicated John Kynross within the parish church of Striueling, and by Thomas Millar, chap- lain, that he had made personal intimation thereof to John Kynross 33G
Kliv ABSTRACT OF CHARTERS, &c. [1531-1532.
Page
125. Decree by Thomas Mailwill, commissary of the Official of Lothian, absolving
John Striuiling of Keir from the sentence of excommunication against him at the instance of John Kynross of Kippaneross, for not fulfilling the contract, No. 102, and condemning the latter in the expenses of process. Dated 7th December 1531 337
126. Decree by the Official of Lothian, finding that John Kynross of Kippenross
ought not to be absolved from the sentence of excommunication pronounced against him for not fulfilling the contract, No. 102, and condemning him in the expenses of process. Pronounced in the usual place of consistory, being St. Martin's Aisle, in the church of St. Giles of Edinburgh, 7th August 1532 338
127. Claim by John Striueling of Keir, against the Laird of Kippenross, whereby
he claims fulfilment of the contract, No. 102, the penalty of £500 in the instrument, No. 65, three years' profit of Lupnoch, and the expenses of his processes 339
128. Resignation by Alan Hammiltoun of Bardowy (in consideration of £1000),
of an acre of land at the east end of the mains of Bardowy, and the patro- nage of the kirk of Badeirnok, in the hands of James Hammiltoun of Fynnart, Knight, his superior. Dated at Hamyltoun, 21st May 1531 340
129. Contract between Marion Maxwell, Lady of Bardowe, and Alan Hamiltoun
of Bardowe, her son, on the one part, and John Logan of Balwee on the other part, whereby they choose Patrick Maxwell of Ne work, and William Striueling of Glorat, captain of Dunbertane, as arbiters, to decide all slaughters, hurts, and debates, between them and their kin, friends, servants, and partakers. Dated at Dunbertane, 17th June 1 531 341
130. Instrument of Resignation by Margaret Striueling and Marjory Striueling,
daughters and heirs of the deceased Robert Striueling of Welcoyg, of their lands of Welcoig, within the barony of Keir, in the hands of John Striueling of Keir, Knight, their superior, ad perpetuam remanentiam. Done in the parish church of Donyng, at six hours after noon, on 2nd July 1531 342
131. Gift by Matthew, Earl of Lennox, with consent of William Striueling of
Glorat, his curator, to John Striueling of the Keir, Knight, of the non-entry of the lands of Auchinhowye, &c, in the shire of Striueling, and the lands of Blarnayrn, &c, in the shire of Dunbertane, and all in the earldom of Lennax, until the entry of the heir. Dated at Edinburgh, 1st August 1532 343
1532-1533.] ABSTRACT OF CHARTERS, &c. x\v
Page
132. Instrument of Renunciation by Margaret Lewingstoun, spouse of James Ham-
miltoun of Fynnart, Knight, of her conjunct infeftment of the lands of Bar- dowie, &c, and the patronage of the church of Botharnok, in favour of John Striuiling of Keir, Knight, and his heirs. Done in her husband's house in Linlythgw, at six hours afternoon, on 1st August 1532 345
133. Bond by Thomas Culquhoune of Thorntoun, whereby, after narrating that he
had given Andrew Striueling of Ballindroich a reversion to the Kirktoune of Bathernoch, on payment of six score five merks on the high altar of the Black- friars' Kirk of Glasgow, he acknowledges having received ten merks in part of the above sum, and binds himself, on receiving the remainder, to resign the lands to Andrew. Dated at Edinburgh, 22nd September 1532 346
134. Tack by John Abbot of Lundoris, and the convent, to Sir John Striueling of the
Keir, of the lands of Beny and Caitkin, for nineteen years from Whitsunday then next, for payment yearly of £12 and other services, as in No. 98. And also making Sir John their Baillie of their lands of Feddalis and Beny, in the shire of Perth and regality of Lundories, for the above space, with a yearly fee of two merks. Dated at Lundories, 5th October 1532 340
135. Service before John Lord Erskin, sheriff of Striueling, and Thomas Porter-
feild of Chapeltoun, his depute, of Elizabeth Galbret, as one of the nearest heirs, and the second sister in degree of umquhile Thomas Galbreth, sometime Laird of Balkindrocht. Dated at Striueling, 7th October 1532 349
136. Decree of the Lords of Counsel, referring the disputes between John Striueling
of the Keir, Knight, and John Kinross of Kippanross, and James his son and heir apparent, relative to the recognition of Lupnoch, and otherwise, to the determination of Alexander Abbot of Cambuskynneth, Robert Abbot of Kin- loss, and John Lord Erskyn. Dated at Edinburgh, 19th July 1533 349
137- Discharge by David Schaw of Camsmoir, to John Striuelyng of the Keir, Knight, for 200 merks, which the latter was acted to pay him in the Com- missary Books of the King's Chapel Royal of Striuelyng ; and for £4 as the Whitsunday mail of the forty shilling land of Ardquhilloure. Dated at the Keyr, 10th November 1533 351
138. Warrant by King James V. to the Provosts, Bailies, Aldermen, and Communities of Glasgow and Dunbertane, ordaining them to deliver to William Stryueling
x]vj ABSTRACT OF CHARTERS, &c. [1533-1537.
Page of Glorat, captain of the Castle of Dunbertane, three or four tuns of wine
from every ship arriving within their bounds, he paying the usual price ;
for provision and furnishing to the King and his Castle. Dated at Striueling,
4th April [1533 ?]. (Orig. Glorat Charter Chest) 351
139. Ratification by King James V. for the thankful and true service done to him
and his father by umquhile William Stirling of Glorat, who had been slain on Good Friday then last, while in the King's service, to George Stirling, his son and heir, of the letter of assedation of the constabulary and keeping of the House and Castle of Dumbarton. Dated at Stirling, 13th April, A. R. 21 (1534). {Copy in Glorat Charter Chest) 352
140. Letter from King James V. thanking George Stirling of Glorat for his diligence
and good service, and praying him to continue the same in time coming. Dated at Dundee, 21st May, A. R. 21 (1534). (Copy in Glorat Charter Chest) 352
141. Warrant by King James V. to the Captain, Constable, and Keepers of the
Castle of Dunbertane, ordaining them to set at liberty Walter Grahame, then in ward within the said castle. Dated at the Castle of Striuiling, 27th June, A. R. 21 (1534). (Orig. Glorat Charter Chest) 353
142. Signature b}' King James V. ordaining a charter to be made under the Great
Seal, confirming the charter by John Creichtoun of Rwnanis to John Striueling of the. Keir, Knight, of the lands of Kippanedawy, in exeainbion for the Manis of Megill, &c, all in the shire of Perth. Dated at Striueling, 18th January 1535, 353
143. Precept by William Levingstoun of Kilsytht, for infefting Jonet Striueling of
Cadder in the lands of Bankeir and Branzet ; in obedience to the King's writ, commanding him to do so on the failure of Colin Campbell of Auchin- howye. Dated at Faukirk, 9th November 1537 354
144. Gift by King James V. under his Privy Seal, to John Striueling of the Keir,
Knight, of the escheat of umquhile Colin Campbell of Auchinhowie, who had been convicted and justified in a Justice Court held in the Tolboth of Edin- burgh, on 15th November 1537, for the slaughter of Alan Hammyltoun of Bardowe, Robert Striueling of the Lettir, and Andrew Striueling of Ballen- droich : except the corn, cattle, and goods, within the shire of Striueling, iri- tromitted with by John Lord Erskin, sheriff thereof, which were to be in- brought to the King's use. Dated at Edinburgh, 18th December 1537 355
1537-1539.] ABSTRACT OF CHARTERS, &c. X]VJJ
Page
145. Retour of the Service before John Lord Erskin, sheriff of Striueling, of George
Striueling of Gloret, as heir of the deceased William Striueliug of Gloret, his father, in the lands of Estir and Westir Glorettis and Estir Baldoren, which all held of Matthew Earl of Leuenax, and were in the King's hands from the decease of John Earl of Leuenax, to the day of Saint Matthew the Apostle, then last, for eleven years, through the ward of the said earldom ; and had been in the hands of Earl Matthew through non-entry since the day of Saint Matthew, when he attained his twenty-first year, and entered to his earldom. Dated at Striueling, 15th January 1537- (Orig. Glorat Charter Chest) 356
146. Indenture between John Striueling of the Keir, Knight, and Patrick Menteith,
son and heir of umquhile James Menteitht of Ratho ; whereby Patrick is bound to obtain himself infeft in the lands of Cailzemok, in the stewartry of Menteith and shire of Perth, and then to resign them in favour of whom John should please ; for which John was to pay him, within a month there- after, 100 franks, French money, and would cause Mr. Thomas Mariorybankis or others, merchants of Edinburgh, pay the same to Patrick within the realm of France. Dated at Edinburgh, 8th May 1538 357
147. Indenture between John Striueling of the Keir, and David Ramsay of Col-
luithie, whereby the latter is bound to infeft the former in Brokland-Kinloich, and to give him power to pursue James Kinloicht, son to umquhile John Kinloicht in Rowis, for the bye run mails thereof; for which Sir John was to be acted in the books of the Official of Lothian, with William Lord Ruthuen and James Young, or some other bui'gess of Edinburgh, as his cautioners, to pay David fourteen score merks. Dated at Edinburgh, 9th March 1538 359
148. Discharge by David Ramsay of Colluthe to Thomas Leirmonth, in name of John
of Striueling of the Keir, his master, for six score pounds Scots, part of the four- teen score merks due by the above contract. Dated at Kingorn, 22nd May 1539, 361
149. Decree by John Sprewle, canon of Glasgow, and Commissary of Mr. Adam
Colquhoune, canon and official general of Glasgow, ordaining George Bueh- quhannan of that Ilk to pay George Striuiling of Gloret, son of William Striuiling of Gloret, formerly Captain of Dunbartane, two shillings for each day from 30th September 1534 to 1st September 1536, for the maintenance of Walter Buchquhannan, brother-german of George, while he was in ward in the Castle of Dunbartane. Dated 14th April 1539. {Orig. Olorat Charter Chest) 361
xlviii ABSTRACT OF CHARTEES, &c. [1539-1541.
Page
150. Decree by William (Chisholm), Bishop of Dunblane, at the instance of Mar-
garet and Jonet, natural lawful daughters and heirs of Patrick Buchquhannan of Lany, and of William Lok, junior, and Maurice M'Nawchtane, their spouses ; decerning Elizabeth Buchannan (spouse of Andrew Murray) and Geiles Buchquhannan (spouse of Alexander Stewart), natural daughters of the said Patrick, to be illegitimate, and unable to succeed to their paternal heritage. Pronounced in the Consistory of the Cathedral of Dunblane, 23rd September 1539 363
151. Procuratory by Margaret Boquhanane, eldest daughter and one of the heirs of
umquhile Patrick Boquhanane of Lany, with consent of William Lok, her spouse, to Master Abraham Creichtoun, Provost of Dunglas, and others, to receive from the Prior, Subprior, and Convent of the Friars Predicate beside Striueling, and from all other persons, all writings in their hands that belonged to her father ; and also to obtain herself served before the Sheriff of Perth, one of the heirs of her father, in all lands and annualrents in which he died vest and seised. Dated at Glasgow, 27th October 1539 364
152. Charter by Alexander, Master of Hume, with consent of Master James Foulis
of Colintoun, Clerk Register, and Master Abraham Crechtoun. Provost of Dunglas and Official of Lothian, his curators, and George Lord of Hume, his father; whereby, after narrating that the lordship of Hume and Innerallone had fallen in the King's hands, through the forfeiture of the deceased Alex- ander Lord Hume, that the King had afterwards infeft the granters therein, with power to re-invest their vassals, and that the said deceased Lord had in- feft John Hume, his natural son, in the lands of Innerallone, who had obtained decree from the Lords of Council, ordaining the granters to re-infeft him therein ; they therefore grant the said lands to him and his heirs, whom failing, to Andrew Hume, brother-german of the Master and his heirs whomsoever : To be held of the Master in blench-farm for the yearly payment of a penny, if asked. Dated at Edinburgh, 24th August 1541 365
153. Declaration by Jonet Striueling of Cawder, in presence of the Lords of Council,
that the procuratory granted by her for resigning her lands of Letter, Cadder, &c, in favour of James Striueling of the Keir, her spouse, and his heirs whomsoever, was made by her of her own free will. Dated 7th December 1541. (Ex Act. Bom. Con. et Sess. vol. xvii. fol. 33) 367
154. Decree of Registration (dated 13th December 1541) by the Lords of Council,
1541.] ABSTRACT OF CHARTERS, &c. x\[x
Page at the instance of Jonet Striueling of Cader, of a procuratory1 by her for
resigning her lands of Cadder, Vchiltreis, Letter, &c, in favour of James
Striueling of Keir, her spouse, his heirs and assignees whomsoever. Dated
10th December 1541. (Ex Act. Bom. Con. et Sess. vol. xvii. fol. 46) 368
155. Ratification by Jonet Striueling, Lady Cawder, in presence of the Lords of
Council, of a charter (dated 30th November 1541) granted by her, with consent of James Striueling of the Keir, her spouse, and of Mr. Abraham Crechtoun, parson of Craufurd-Jhon, and Alexander Crechtoun, vicar of Innir- vik, his curators, to James Bannatyn, burgess of Edinburgh, and Katherine Talzefeir, his spouse, of the Temple lands of Ovircarlowry, in the barony of Listoun and shire of Lithgow. Dated 13th December 1541. (Ex Act. Bom. Con. et Sess. vol. xvii. fol. 67) 372
156. Charter by Gavin (Dunbar), Archbishop of Glasgow, Chancellor of Scotland,
to James Striueling of Kere, and his heirs, of the lands of Cadder, on the re- signation of Jonet Striueling of Cadder; his spouse. Dated at Edinburgh, 10th January 1541 373
157. Decree of Divorce by Andrew Myll, prebendary of the collegiate church of
St. Mary-in-the-Fields, near Edinburgh, and Robert Symsoun, chaplain, commissaries of Master Abraham Creichtoun, provost of Dunglas, and official of Lothian, of the marriage of James Striueling of Keir, son and heir of John Striueling of Keir, Knight, and Jonet Striueling, daughter and heir of the deceased Andrew Striueling of Cadder, through their being related in the fourth and fourth degrees of consanguinity. Dated 31st January 1541. (From the Register of the Official of Lothian, General Register House, Edinburgh), 374
158. Contract between James Striueling of the Keir and William Balfour, whereby
William acknowledges himself due to James 320 merks, of which he binds himself to pay eight score merks at Whitsunday, and the remainder at Martinmas thereafter ; and James was, within forty clays after receipt of the first instalment, to infeft William in the half of the Bra of Balfouris Balquhoppill, and within forty days after payment of the other sum, in the other half of said lands. Dated at Dunblane, 18th March 1541 375
159. Contract between James Styrling of Keir and Calder and Lucas Stiruiling, son
to umquhil Walter Stirviling of Ballagane, whereby James binds himself to
1 The Procuratory itself has been collated with the original at Keir.
] ABSTRACT OF CHARTERS, &c. [1542.
Page pay Lucas 300 merks, for which Lucas would resign an annualrent of a chalder
of oatmeal out of the five pound land of Ballindrocht, and cause Euphame
Brisbane, his mother, and relict of Walter, renounce her liferent thereof, and
would also resign an annualrent, which he had by assignation, from James
Waur ; and James would, in security of said 300 merks, infeft Lucas in the
forty shilling land of Kirktoun, in the earldom of Lennox, and shire of
Stiruiling. Dated at Calder, 18th January 1542 376
160. Contract of Marriage between James Striueling of the Keir, on the one part,
and James Cheisholme of Classingall, and Jane Cheisholme, " Cousigness," to William (Chisholme), Bishop of Dunblane, on the other part, whereby James Chisholme is bound to obtain a dispensation for third degrees of consanguinity and fourth of affinity, subsisting between James Striueling and Jane ; and James Striueling should infeft Jane, in her pure virginity, in his lands of Cadder, and thereafter contract marriage with her : for which James Chisholme was to pay him £1000, to be applied in redeeming his lands, and cause the Bishop, with consent of his chapter, set in tack to James Striueling and Jane, and the longest liver, the teind sheaves of the Keirs, Over and Nether, &c. for nineteen years : and the Bishop was to support James Striueling and Jane in all ordinary expenses for five years, and James was not to sell or wadset his lands without the Bishop's consent. Dated at Dunblane, 5th March 1542 378
161. Obligation by William Levingstoun of Kilsyth, to relieve James Striueling of
the Keir from the heirs of umquhile Adam Hamiltoun, concerning a charter by umquhile John Earl of Levenax, to umquhile John Campbell of Auchin- howe, of the lands of Auchinhowe, &c, and sasine thereon. Dated at Lyn- lythgow, 21st March 1542 380
162. Bond by Margaret Buchquhennane, eldest of the two daughters, and heir of
umquhile Patrick Buchquhennane of Lany, with consent of William Lok, her spouse, that the half of the lands of Lany and Petquhennertie, sold by her to James Striueling, son and heir of umquhile John Striueling of Keir, Knight, was free property. Dated at Glasgow, 14th April 1542 380
163. Procurator}' by John, Earl of Menteith, son and heir of umquhile William Earl
of Menteith (in implement of a contract between Earl William and James Striueling of the Keir), for procuring himself served, infeft and seised, as heir of his father, in the half lands of Lany and Petquhenderty, and for resigning the same in favour of Jonet Balquhannane, one of the heirs of umquhile
1544-1545.] ABSTRACT OF CHARTERS, &c. ]j
Page Patrick Balquhannane of Lany, her heirs and assignees. Dated at Glasgow,
7th April 1544 381
164. Grant by Robert (Stewart), Bishop of Kaitness and Provost of the Lady College
of Dunberten, with consent of Matthew Earl of Leuenax, Lord Dernle, patron of the college, to George Striuelyng of Glorat, for all the days of his life, of the annual duties due from the lands of Strablane, which he held of the Provost and College. Dated at Dunbertene, 19th April 1544. (prig. Glorat Charter Chest) 383
165. Obligation by William, Earl of Montross, to cause Robert Graharne, his son
and apparent heir, resign the lands of Ratheren in favour of James Striueling of Keir and his heirs ; James giving him his bond of manrent for all the daj's of his life, and 300 merks of silver. Dated at Kenkardin, 29th July 1545, 383
166. Retour before William, Lord Ruthuen, Sheriff of Perth and his Depute, of
James Striuiling of Keir, son of John Striuiling of Keir, as heir of his father, in the lands of Lanark and Achinbie, in the stewartry of Stratherne and shire of Perth, which were then valued at forty merks, and in time of peace at ten merks, were held of the Queen by the service of ward and relief, and had been in the hands of the late King for two years and six months, and in the hands of the Queen for two years and one term, through nonentry, since the death of Sir John. Dated at Perth, 6th October 1545 384
167. Charter by William Menteth of Kers, whereby, after narrating that he had
received the Queen's letters, commanding him to infeft Alexander Drovmond of Carnock, and Matthew Hamyltoun of Mylnburne (in default of James Striueling of Keir, who had failed to do so), in the lands of Eister and Wester Vchiltreis, which had formerly belonged to Thomas Bischop, who had forfeited them for high treason : he grants the half of the said lands to the said Matthew Hammiltoun, his heirs and assignees : To hold of him and his heirs for services used and wont. Dated at Edinburgh, 9th February 1545 385
168. Process before James Cottis, canon of Glasgow and prebendary of Carstaris,
commissary of the apostolic see, dispensing with the impediment to the mar- riage of David Watsoune and Margaret Strivilyng (for whom John Strivilyng of Cragbarnard appears as procurator), through their being related in the fourth and fourth degrees of consanguinity. Proceeding on commission directed by Anthony Bishop of Sabine, Great Penitentiary of Pope Paul III.
]j; ABSTRACT OF CHARTERS, &c. [1545-1547.
Page to the dean and official of Glasgow, and said James Cottis, for dispensing with
the impediments to the marriages of twelve couples, within the dioceses of
Glasgow, Dunblane, Argyle, and the Isles. Dated 3rd June 1545. (Orig.
Glorat Charter Chest) 386
169. Articles of Agreement between the Lord Governor (Arrane) and the Lords of
Secret Council, and George Striueling of Glorate, Captain of Dunbertane Castle, relative to the terms on which he would hold the Castle, for behoof of the Queen during her minority. Dated at Edinburgh, 1st April 1545. (Orig. Glorat Charter Chest) 390
170. Commission by Queen Mary, with consent of the Regent Arran, to George
Stirling of Glorat, his heirs or assignees, as Captains, Constables, and Keepers of the Castle of Dumbartan, for nine years. Dated at Edinburgh, 25th April 1545. (Copy in Glorat Charter Chest) 392
171. Letter by the Regent Arran, in the name of Queen Mary, to the Lords of
Council and Session, ordaining them to cease proceeding in any summons of spulzie raised against George Striueling of Gloret, and to remit the pursuers to the Governor for satisfaction. Dated at Edinburgh, 19th March, A. R. 5 (1546). (Orig. Glorat Charter Chest) 393
172. Declaration by the Barons of the Levenax, in presence of the Lord Governor
and the Council, that George Striueling of Gloret ought to render the Castle of Dunbertane to the Governor ; and if he should refuse to do so, that they, their kin and friends, would assist the Governor in recovering it. Dated at Dunbertane, 13th July 1546. (Orig. Glorat Charter Chest) 394
173. Licence by Queen Mary, with consent of the Regent Arran, to Jonet Striueling,
spouse of Thomas Bischop, to remain in England, where she had gone with consent of the Regent, for twenty days thereafter; notwithstanding the war then subsisting between the Queen and the King of England. Dated at Sterleng, 28th March, A. R. 5 (1547) 395
174. Collation by William (Chisholm), Bishop of Dunblane, directed to the Dean
of the Christianity of Dunblane, for inducting Sir John Forfar, chaplain, on the presentation of James Striueling of Keir, in the perpetual chaplainry of the Virgin Mary, founded within the cathedral church of Dunblane, then vacant by the resignation of Sir James Blakwod, last chaplain thereof.
1549-1551.] ABSTRACT OF CHARTERS, &0. ][[[
Page Dated at Dunblane, 25th January 1549, and induction by Sir James Blakwod,
ebaplain and dean of the Christianity of Dunblane of the said Sir James
Forfar into said chaplainry, by delivery of the vestments and altar missal.
Dated 31st January 1549 396
175. Collation by William (Chisholm), Bishop of Dunblane, of William Blakwod, on
the presentation of James Striueling of Keir, to the chaplainry of St. Mary, founded within the cathedral church of Dunblane, then vacant by the resig- nation of Sir John Forfar. Dated at Dunblane, 3rd February 1549 398
176. Notarial Instrument, narrating that James Striueling of Keir, lay patron
of the chaplainry and altar of St. Mary the Virgin, founded in the north aisle of the nave of the cathedral church of Dunblane, came before John Leirruonth, notary public, and declared that he had presented William Blak- wod, clerk, to William (Chisholm), Bishop of Dunblane, to be collated to the said chaplainry, and although the said William Blakwod was not yet a priest, he thereby licensed him to accept the said chaplainry, until he should be promoted to priests' orders; the said chaplainry being in the meantime served by an honest chaplain, according to the tenor of its foundation : Whereupon the said William Blakwod took instruments. Dated 3rd February 1549 398
177- Letters of Robert (Reid), Bishop of Orkney, attesting that on the day of the date thereof, being Saturday before Passion Sunday, he had, in the church of the monastry of Jedbrught, promoted William Blakwod, acolyte of the diocese of Dunblane, having for title the chaplainry of St. Mary within the cathedral church of Dunblane, to the order of sub-deacon. Dated at Jedbrught, 14th March 1550 399
178. Renunciation by Mr. Abraham Creichtone, provost of Dunglas, and official of
Lothian, of his right to the chaplainry of the Virgin Mary, founded within the cathedral church of Dunblane, by virtue of an asserted signature from the apostolic see. Dated 7th December 1551 400
179. Charter by William Gordoun, the Dean and the Chapter of Dunblane, with
consent of William (Chisholme), Bishop of Dunblane, to James Stryueling of Keir, his heirs and assignees, of their lands of Auchynby, within the shire of Perth and stewartry of Stratherne : To be held of them and their succes- sors, for payment to Sir William Drummond, sacristan of Dunblane, and his
h
liy ABSTRACT OF CHARTERS, &c. [1549-1553.
Page successors, of four merks yearly, reserving free passage through the said lands
to the city of Dunblane, for the inhabitants thereof and their " weinis and
cairtis," etc. Dated at Dunblane, 23rd March 1549 401
180. Grant by John Haramiltoune of Pardowy, with consent of John Colquhoune of
Lwss, and Mr. James Colquhoune, parson of Lwss, his curators, to James Striueling of the Keir, of the ward, relief, and non-entry of the lands of Balkindrocht, etc., then in his hands through the decease of Andrew Striueling of Balkindrocht. Dated at Glasgow, 7th May 1550 402
181. Decree-arbitral pronounced by William (Chisholme), Bishop of Dunblane, be-
tween James Striueling of the Keir and Robert Calbreth, whereby he ordains Robert to renounce his right to the lands of Ballindrocht, etc., as assignee of umquhile Robert Calbreth, parson of Spott, in favour of James, who was to pay him therefor nine score merks. Dated at Edinburgh, 7th May 1551, 403
182. Letter of Reversion by William (Chisholm), Bishop of Dunblane, and by Helen
Stryueling, daughter ' fowbegottin' to James Striueling of the Keir, with con- sent of Mr. James Kennedy, chancellor of Dunblane, her tutor, to the said James Striueling, of the lands ofBeirholme, in the barony of Keir, on payment of £300 on the Lady altar of the cathedral kirk of Dunblane, they receiving forty days previous warning. Dated at Dunblane (Blank) 1552 405
183. Letter of Reversion by William (Chisholm), Bishop of Dunblane, and by Jane
Striueling, daughter ' fowbegottin' to James Striueling of the Keir, with con- sent of Robert Lermonth, citizen of Dunblane, her tutor, to the said James Striueling, of the lands of Kippendavy, on payment of 1000 merks on the Lady altar of the cathedral kirk of Dunblane, they receiving forty days previous warning. Dated (blank) 1554 406
184. Confirmation by John Campbell of Lundy, Knight, justice-depute of Archi-
bald Earl of Argyle, Lord Campbell and Lome, Justice-General of Scotland, of a charter (dated 10th September 1503) by King James IV. to the deceased John Striueling of Keir, father of James Striueling, then of Keir, of the barony of Keir. Dated at Perth, 28th May 1553 407
185. Instrument of Assignation by William Earl of Montros, Lord Grahame, to
James Striueling of Keir, of all right of action he had against the tenants of Boquharragis, according to the tenor of a decree-arbitral pronounced by
1554-1560.] ABSTRACT OF CHARTERS, &c. Jv
Page Mr. John Ballenden of Auclinowyll, and Mr. James Makgyll, burgess of Edin- burgh, between them. Done in the Place of Kincardin, 9th May 1554 408
186. Obligation by Walter Grahame to obtain the Queen's confirmation of a charter
by James Striueling of the Keir to him and Margaret Striueling his spouse, and sister of James, of the lands of Brokland Kylloch, and then to give James and his heirs a letter of regress for redemption thereof. Dated at Dunblane, 30th April 1556 410
187. Tack by William (Chisholme), Bishop of Dunblane, with consent of his chapter,
to Jane Chisholme, spouse modern to James Stryueling of the Keir, and to him and to two heirs succeeding to them, of the sheaves of Rathernis, etc., for the yearly payment of £40. Dated at Dunblane, 12th May 1557 410
188. Letters directed by Queen Mary to Alexander Lord Hume, commanding him
to infeft James Striueling of Keir, and Jonet Chisholme, his spouse, as his immediate tenants, in the half lands of Inneralloun, formerly pertaining to John Hume of Hutounhall, a bastard, and which were then in the Queen's hands, by his dying without heirs of his body, and without having made a will. Dated at Edinburgh, 21st December 1557 411
189. Discharge by James Campbell, son and heir of umquhile Dougal Campbell
of Blairweok, with consent of Colin Campbell of Ardkinglas, and Mr. John Spens of Condye, his curators, to William Moncreif, in name of Sir George Wauane, Archdean of Dunblane, for fourteen score and ten merks, consigned in the hands of the Archdeacon for redemption of the lands of Drongy, Bal- four, and Bray of Boqukipill from the said James, as heir of his father. Dated at Striueling, 19th February 1557 412
190. Account of the Descent of the Families of Lany of Lany, and Buchquhanane of
Lany, sent by B.obert Buchquhanane of Lany to the Laird of Keir. Circa 1560. (Orig. Leny Charter Chest) 413
191. Contract between James Striueling of the Keir and James Kinead of that
Ilk, whereby, after narrating that James Kincaid's predecessors had been vassals to the Lairds of Bardoven in the lands of Kineade and Kinkel, within the shire of Stirling, which the latter held immediately of James Striueling ; that John Hammiltoun of Bardowe had resigned his immediate superiority in favour of William Striueling of Dochewen ; and that it had
Jyi ABSTRACT OF CHARTERS, &c. [1561-1574.
Page ■been agreed between the parties, that the said mid-superiority should be
' cuttit and perpetualie away tayn,' so that James Striueling should be the
only superior to James Kincaid ; the former binds himself to cause William
Striueling resign the same, so that James Kincaid might be infeft therein.
Dated at Striueling, 22nd October 1561 416
192. Obligation by Matthew Earl of Lennoxe, not to pursue James Striueling of
Keir for implement of any contracts between the Earl and umquhile John Striueling of Keir, father of James. Dated 28th October 1566 418
193. Ratification by King James VI. with consent of his dearest goodsire, Matthew
Earl of Levynax, his tutor, and Regent of the Kingdom, in favour of James Striueling of Keir and Jane Cheisholme, his spouse, of the Letters of Pre- sentation, No. 188, to the lands of Inner alloun. Dated at Striueling, 4th Feb- ruary 1570 419
194. Notarial Instrument on the refusal of Alexander Lord Home, to obey the
above Letters of Presentation and Ratification thereof; and on the refusal of John Reid, one of the porters of the Castle of Edinburgh, and servant to the Laird of Grange, then captain thereof, to allow the procurator, notary, and witnesses, to pass to the personal presence of the said Lord, who was then within the Castle. Done at the ' forzett' of the Castle, 9th February 1570, 420
195. Contract between James Striueling of Keir and Robert Hammiltone of Boghous,
whereby, in consideration of 100 merks, Robert resigns the lands of Boghous, within the shire of Striueling, in the hands of James, ad perpetuam remanen- tiam ; yet subject to redemption on repayment, within three years, of said 100 merks, and also giving reversion, containing the sum the Abbot of Kil- wynning should modify. Dated at the Place of Keir, 4th November 1570, 422
196. Presentation by Sir James Striuiling of Keir, Knight, to James Striuiling, his
son, for his support at the schools, of the chaplainry of our Lady altar, some- time situated within the cathedral kirk of Dunblane, which was then vacant through the failure of Sir William Blackwod, the last chaplain, to compear before the Superintendent, to give his attestation of his faith and obedience to the King. Dated at the Keir, 20th December 1574 423
197. Contract between Sir James Striuiling of Keir, Knight, and William Sehaw of
Knokill, whereby they ratify the division of the lands of Innerallown made by
1580-1596.] ABSTRACT OF CHARTERS, &c. lv;i
Page Sir James, and umquhile Andrew Schaw, father of William. Dated at
Striuiling, 21st May 1580 424
198. Confirmation by Mr. John Grahame of Halzairdis, depute of Colin Earl of
Argyle, Justice-General, of a charter dated 16th September 1570, by King James VI. to Archibald Striueling, apparent of Keir, of the barony of Keir. Done in the Court of Justiciary held at Perth on 25th July 1582 424
199. Testament (dated at Cadder, 4th September 1588) and Inventory of the
Goods of Sir James Striuiling of Keir, Knight, who died at Cadder on 3rd February 1588, confirmed before the Commissaries of Edinburgh, by Sir Archibald Striuiling of Keir, Knight, his only executor, on 9th December 1591 425
200. Contract of Marriage between Sir Archibald Striueling of Keir, Knight, and
Grissel Ross, daughter of Dame Jeane Sempill Lady Ross. Dated at Glasgow,
18th March 1589. (From an Extract dated 10th June 1592, at Keir) 430
201. Contract between Sir Archibald Sterling of Keir, Knight, and John Hamilton
of Bardowye, whereby the latter binds himself, on payment by the former of 200 merks, and of all other sums which should be found due, to assign to Sir Archibald a tack of the lands of Wester Bankeir, granted by John Sterling of Bankeir. Dated at Cadder, 13th January 1592 431
202. Contract between Sir Archibald Stirling of Keir, Knight, Dame Jean Chisholme
Lady Keir, his mother, on the one part, and William Sinclair of Galwaldmoir, son and heir of umquhile William Sinclair of Galwaldmoir, and James Sin- clair, his brother, on the other part ; whereby, after narrating that feuds had arisen between the parties relative to the right to the lands of Auchinbie, through which James Stirling of Kippendawie, brother of Sir Archibald, the said umquhile William Sinclair, and Edward and George Sinclairis, his sons, had been slain on Whitsunday, 3rd June 1593 ; the parties for remedy of the said feud, bind themselves to give each other letters of slains for the said slaughters ; and William Sinclair ratifies the infeftment of Auchinbie in favour of Sir Archibald. Dated at Stirling, 8th April 1596 432
203. Memorandum of Contract between Sir Archibald Striueling of Keir, and Dame
Grissel Ros, his spouse ; and John Striuiling of Wester Bankeir, and Mar- garet Colquhone, his spouse, whereby John and his spouse are bound to
Ivjji ABSTRACT OF CHARTERS, &c. [1597-1630.
Page dispone to Sir Archibald and his spouse, and William their son, his lands
of Wester Bankeir, for which they are to be paid 5000 merks, and receive
a dozen loads of coal yearly, from the tenants of the ten towns of Cadder,
Ballindrocht, Haystoun, and Balquharne. Dated at Keir, 4th May 1597 434
204. Obligation by John Striueling of Bankeir, to Sir Archibald Striueling of Keir,
Knight, Dame Grissel Rois, his spouse, and William Striueling, their son, that he would obtain Isobel Fleming's renunciation of the lands of Bankeir before Martinmas then next. Dated at Cadder, 19th January 1597 436
205. Contract of Marriage between James Strivilir.g, eldest son and apparent heir
of Sir Archibald Striveling of Keir, Knight, and Anna Home, eldest lawful daughter of Sir George Home of Wedderburne, Knight. Dated at Perth, Polvert, Spilmerfurdmylne, Colintoun, Dunblen, and Burnbank, 9th July, 13th, 14th, 15th, 16th August 1606 436
206. Obligation by Sir William Livingstoun of Kilsyth, to pass his signature of the
lands of Kincaid and Birdstoun through the seals, if Sir Archibald Sterling of Keir should obtain said signature before 1st April 1610. Dated at Edinburgh, 16th December 1609 439
207. Retour before David Haldane, Steward Depute of the stewartry of Menteyth,
of Sir Archibald Stirling of Keir, Knight, as heir of Sir James Stirling of Keir, Knight, his father. Done on the Green at the Castle of Down, the usual place of the courts of the said stewartry, 8th July 1613 439
208. Contract of Marriage between Sir John Striuiling, eldest son of Sir Archibald
Striuiling of Keir, Knight, and Margaret Monteith, daughter of Sir William Monteith, elder of Kers, Knight. Dated at Alveth, 9th July 1613 440
209. Obligation by Mr. John Striuiling, son of umquhile Mr. William Striuiling,
parson and minister at Baddernok, to grant to Sir Archibald Striuiling of Keir (who had presented him to the parsonage), sufficient letters of tack of the teinds thereof ; saving his reasonable stipend, ' as my vmquhile ' father haid of befoir.' Dated at the Place of Keir, 4th November 1623, 443
210. Contract of Marriage between George Stirling of Keir and Mrs. Margaret
Ross, daughter of James Lord Ross. Dated at Halkhed, Houstoun, Drum- niond, Aluay, and Ardocht, 27th, 28th, 29th, and 31st December 1G30 444
1633-1652.] ABSTRACT OF CHARTERS, ic ]jx
Page
211. Testament Dative and Inventory of the Goods of umquhile Dame Mar-
garet Ross, spouse of Sir George Sterling of Keir, Knight, who had died on 10th March 1633. Confirmed by the Commissary of Dunblane on 5th April 1633 447
212. Contract of Marriage between Archibald Stirling, eldest son of Sir John
Stirling of Garden, Knight, and Elizabeth Murray, eldest daughter of Sir Patrick Murray of Elibank, Knight-Baronet, and umquhile Dame Eliza- beth Dundas, his second spouse. Dated at Edinburgh, 24th June 1637- ■• 418
213. Contract of Marriage between Sir John Stirling of Garden, Knight, and
Margaret Bruce, daughter of umquhile Sir John Bruce of Kincavill, Knight. Dated at Kincavill and Edinburgh, 13th October 1638 451
214. Testament Dative and Inventory of the Goods of umquhile Sir John Stirling of
Gardene, Knight, who had died on 15th April 1643; confirmed by William Stirling, James Stirling, and Alexander Stirling, his sons and executors- dative, before the Commissaries of Edinburgh, on 29th May 1643 453
215. Testament of Sir Archibald Stirling of Gardenn, nominating his son John
his only executor ; and nominating Patrick Lord Elibank, Sir George Stir- ling of Keire, "William Drummond of Ricartoune, Sir Walter Murray of Levingstoune, Mungo Stirling of Glorat, and James Stirling, Sir Archi- bald's brother, tutors-testamentar to John. Dated at Edinburgh, 16th Oc- tober 1643 455
216. Contract of Marriage between Sir Archibald Sterling of Garden, Knight, and
Mause Murray, daughter of umquhile Sir James Murray of Kilbabertoun, Knight, and Dame Katherine Weir, then Lady Elibank, his spouse. Dated at Edinburgh, 24th June 1646 455
217. Commission by the Heritors of the shire of Sterlinge, nominating Sir George
Sterling of Keir, Knight, and Sir Mungo Sterlinge of Glorat, Knight, their commissioners for meeting at Edinburgh, with the rest of the deputies of shires and boroughs, on 19th August 1652, and there, by vote of the major part of the deputies present, to elect fourteen persons to represent the shires, and seven persons to represent the boroughs of Scotland, in the parliament of England. Dated between 25th March and 19th August 1652. {From a Contemporary Copy at Keir) 458
]x ABSTRACT OF CHARTERS, Ac. [1652-1660.
Page
218. Declaration by Sir James Levengstoune of Kilsyth, and Sir Mungo Stirling of
Glorat, that Sir George Stirling of Keir did not enter England with the King
and army, 1652 459
219. Order by the Commissioners for confiscated and forfeited estates, respiting from
sequestration the estate of Sir George Sterlinge of Keire and Sir Mungo Stirlinge of Gloratt; they finding caution for the rents, in case it should be proved that they ' envaded England with the late Kinge of Scots.' Dated at Leith, 15th September 1652. (Orig. Glorat Charter Chest) 460
220. Pass by Oliver Cromwell, allowing Sir George Sterlyn and his servant to pass
from London into Scotland, and to return, without molestation. Dated 14th October 1653 460
221. Contract of Marriage between Sir George Stirling of Keir, Knight, and Anna
Nicolsone, second lawful daughter to the deceased Sir Thomas Nicolson of Carnock. Dated at Edinburgh, 2nd February 1654 461
222. Petition by David Lord Cardross and Sir George Sterling of Keir, Knight,
to the Protector's Council in Scotland, for disjoining the parishes of Dun- blane, Kilmadock, Kincardin, Port, Aberfuill, Calander, Kippen, Leckrop, and Logie, from the sheriffdom of Perth, and annexing them to the sheriffdom of Stirling, 1655 464
223. Licence by General Monck to Sir George Sterling, to keep a horse above the
value in the proclamation, at Calder or Keere. Dated at Dalkeith, 6th November 1656 464
224. Commission by the Noblemen, Gentlemen, Heritors, and Justices of the Peace
of the shire of Linlithgow, appointing Sir Archibald Sterling of Garden to meet, in their behalf, at Edinburgh, on 2nd February then next, with the commissioners of the other shires. Dated at Linlithgow, 27th January 1660 465
225. Petition of Sir Mungo Stirling of Gloratt to King Charles II. for authority to
proceed against the person to whom the fine imposed on him during the usur- pation had been given ; with the reference of the petition to the parliament in Scotland, signed by the Duke of Lauderdaill, dated Whitehall, 22nd November 1060. (Orig. Glorat Charter Chest) 465
1662-1822.] ABSTRACT OF CHAETEES, &c. Jxi
Page
226. Discharge by John Stirling of Baakell, heir of umquhile William Stirling of
Bankell, who was heir of umquhile William Stirling of Bankell, his father, third lawful son to umquhile Sir Archibald Stirling of Keir, Knight, in favour of Sir George Stirling of Keir, of a letter of tack by said umquhile Sir Archibald to said umquhile William Stirling, his third son, of the teind sheaves of the lands of Bankell. Dated at Edinburgh, 28th January 1662, 466
227. Testament of Sir George Stirling of Keir. Dated 1st March 1664, &c 467
228. Testament Dative, and Inventory of the Goods of Sir George Stirling of Keir,
who had died in June 1667, confirmed by Sir John Stirling of Keir, before
the Commissary of Dunblane, on 11th December 1673 468
229. Postnuptial Contract of Marriage between Sir John Stirling of Keir and Dame
Lillias Colquhoun, eldest daughter of Sir John Colquhoun of Luss. Dated
at the Cannongate Foot, 2nd March 1676 469
230. Protection by James Duke of Bucoleuch and Monmouth, &c, General of the
Forces, to Sir John Sterling, his house, servants, and tenants at Keir. Dated
at the Camp at Long Tyke, 24th June 1679 471
231. Testament of Sir John Stirling of Keir. Dated 12th June 1682 471
232. Register of the Births, Marriages, and Deaths of the Stirling's of Keir, taken
from a book in which the entries are made in the handwriting of the respective lairds. 1613-1822 473
lxii
ABSTEACT OF THE LETTERS.
— 4-
Page
233. Jane Chisholme, Lady Keir, to the Laird of Perdowy, requesting hiin to relet
the mill land with the mill for another year ; circa 1550. {Orig. at Leny) . . . 479
234. Sir Archibald Sterling of Keir to the Laird of Bardoivie, elder, requesting a
meeting at the Kirk of Muire, relative to the feud betwixt the Stirlings and Kincaids ; Keir, 30th July 1602. {Orig . at Leny) 479
235. Dame Grissall Roos, Lady Keir, to the Countess of Eglintoun, requesting her
to place the Lady Carnebei's son in the Earl's chamber, to put on or off his clothes, and wait on his Lordship. Ochiltrie, 5th November 1612. (Orig. at Eglinton) 480
236. Sir Thomas Hamilton of Priestfield, afterwards Earl of Haddington, to Sir
Archibald Stirling of Keir, stating that John Leuistoun of Prestoun had made no bargain with Sir Thomas relative to Kirklands in Vchiltrie. Edinburgh, 7th March 1613 481
237. Sir George Sterling of Keir to the Laird of Gloret, younger, requesting him to
concur in managing his affairs during his absence abroad. Venice, 26th January 1635. (Orig . at Glorat) 481
238. William Drummond of Riccartoun to Sir George Stirling, mentioning the
execution of the Earl of Straford, and the intended prorogation of the Scotch Parliament. London, 12th May 1641 482
239. General Thomas Dalyell of Binns to Sir George Stirling, mentioning the
neglected state of the army, the desertion of six soldiers, and the want of provisions. Craigfergus, February 1643 483
240. Alexander, first Earl of Leven, to Sir George Stirling, requesting repayment of
some public money. Newcastill, 17th August 1646 484
1646-1651.] ABSTRACT OF LETTERS. Mjj
Page
241. The Hon. Lilias Napier to Sir George Stirling, that she would inform him of
what passes in future. Sterling, 6th November [1646] 484
242. Sir Archibald Stirling of Garden, afterwards Lord Garden, to Sir George
Stirling, as to the quartering of the army on Keir's lands, &e. Ochiltrie,
7th June 1647 484
243. James, first Marquis of Montrose, to Sir George Stirling, advising the latter
regarding ' Lillias,' presumed to be Lillias Napier, Montrose's niece. Near Paris, 26th July 1647 485
244. John Lord Areskine, afterwards Earl of Mar, to Sir George Stirling ; that the
Commissioners were endeavouring to obtain payment of the fine for which Lord Areskine had been surety for Lord Napier. Sterline, 16th December 1647 486
245. Sir John Crawfurd of Kilbirny, and Magdalene Carnegy, his wife, to the Laird
of Luss, younger, sending him their daughter, Margaret Baillie, heritrix of Lochend, who was to be his wife. Edinburgh, 12th May 1648. (Orig. at Garden) 487
246. The Rev. Dr. George Wiseheart, afterwards Bishop of Edinburgh, to Mr. David
Fowles, Minister at Hamburgh, introducing to him Sir George Stirling. Hauge, 11th January 1649 487
247. John, eighth Earl of Mar, to Sir George Stirling, introducing Mr. Harry
Guthrie, afterwards Bishop of Dunkeld. Alloway, 6th March 1650 488
248. Archibald, Marquis of Argyll, to Sir George Stirling, requesting him not to
quarter horse or foot on the Laird of Gleneggie's land. Perth, 17th February
1651 488
249. Memorandum of Instructions by Sir George Stirling to a person going to Hol-
land, for obtaining Sir George's goods left at Rotterdam and Delft. 3rd Sep- tember 1651 489
250. Alexander, sixth Earl of Eglintoun, to Sir George Stirling, requesting him to
keep in his own custody the two coffers deposited with him by the Earl's wife,
or else to deliver them to Lord Callander. Hull, 29th December 1651 490
lxiv ABSTRACT OF LETTERS. [1652-1662.
Page
251. The Same to the Same, requesting the delivery of the boxes to the Earl of Ca-
lander. Hull, 9th January 1652 490
252. James, first Earl of Calander, to Sir George Stirling, requesting delivery of
Lord Eglinton's boxes. Falkirk, 23rd January 1652 491
253. Lady Jean Hay, Countess of Mar, to the Lairds of Keir and Riccartoun, re-
questing their advice about her son's affairs. Alio way, 9th March 1652 492
254. John Stewart, younger of Blackball, to Sir George Stirling, requesting his advice
as to making peace with the English. Ardgowan, 28th May 1652 493
255. John, third Earl of Wigtoune, to Sir George Stilling, requesting him to be-
come his cautioner for a debt of 5000 merks. Cumernald, 19th June 1654, 493
256. John, sixth Earl of Cassillis, to Sir George Stirling, stating that he had re-
quested ' young Faille ' to meet with Sir George, relative to his letter to the Earl. Castle Kennedy, 28th April 1656 494
257. William, ninth Earl of Glencairn, to Sir Archibald Stirling of Garden, request-
ing him to become cautioner for him to the General [Monek], with the Lord Borthuik, Kilsyth, Sir James Hamilton of Orbiston, and David Betoun of Creich. 1st December [1656] 494
258. James, second Marquis of Montrose, to Sir George Stirling, requesting him to
be a referee in the disputes between the Marquis and the Laird of Polmaise. Mugdooke, 4th June 1658 495
259. John, third Earl of Wigtoune, to Sir George Stirling, requesting him to attend
the funeral of the Earl's wife, at Biggar, on Thursday, 30th December. Cumernald, 18th December 1658 495
260. Sir Archibald Stirling, Lord Garden, to Sir George Stirling, giving an account
of the trial and forfeiture of the Marquis of Argyle. Edinburgh, 24th May
1661 496
261. James, second Marquis of Montrose, to Sir George Stirling, requesting him
not to press matters against the Laird of Braco. Mugdock, 22nd October
1662 497
1662-1670.] ABSTRACT OF LETTERS. lxv
Page
262. Walter Sterling of Ballagan to George Sterling of Glorat, recommending him
to be circumspect in choosing a wife. Ballagan, 19th July 1662. (Orig. at Glorat) 497
263. George Sterling to his father, Sir Mungo Stirling of Glorat, recommending
him not to renounce the Covenant. London, 15th October 1662. {Orig.
at Glorat) 498
264. George, fourth Earl of Wintoun, to Sir George Stirling, requesting delay in
paying the debt, for which he was cautioner for Sir George Hamilton. Edin- burgh, 30th January 1664 500
265. 266. Two letters from the Earl of Wintoun to Sir George Stirling, request-
ing further delay. 5th March and 24th August 1664 500, 501
267. Archibald, ninth Earl of Argyll, to Sir George Stirling, stating that M'Clane of
Dowart would endeavour to discover the thieves who had stolen the goods of
Sir George's tenants. Invereray, 19th October 1664 501
268. Alexander, Earl of Glencairn, to the Laird of Garden, as to his tenants being
imprisoned for conventicles. Balindaloch, 26th November [o. 1665]. (Orig.
at Garden) 502
269. Lord Garden to Sir George Stirling, requesting him to advise the Laird of Touch
not to contest Perthshire against the Laird of Polmaise. Ochiltrie [1665] . . . 502
270. Mr. R. Muschet, Minister of Larbert, to Sir George Stirling, thanking him for
his sympathy on account of his brother's murder. Larbert, 17th May 1665... 503
271. John, ninth Earl of Mar, to Sir George Stirling, requesting him not to press
payment of his debt. Kildrummy, 3rd May 1666 504
272. Robert Leighton, Bishop of Dunblane, to Sir George Sterling, as to payment of
money on a renewal of a tack of teinds. Edinburgh, 20th March 504
273. James, first Earl of Calander and others, to Sir John Stirling, requesting him
as a curator of ' Mistres Isobell Nicolson, Camock's awnt,' to attend a meet- ing of her friends relative to her marriage. [1670] 505
lxvi ABSTRACT OF LETTERS. [1672-1677.
Page
274. James, Earl of Calander, to Sir John Stirling, requesting him to attend the Com-
missioner beyond Stirling Bridge, on his entering the shire. Edinburgh, 5th August 1672 505
275. George Stirling, Chirurgeon, Edinburgh, to Sir John Stirling, giving an account
of a battle between the Dutch and English Fleets. Edinburgh, 21st August
1673 505
276. Alexander, second Earl of Linlithgow, to Sir John Stirling, as to their waiting
on the Lord Commissioner. Medope, 2nd September 1673 506
277. Alexander, Lord Almond, to Sir John Stirling, requesting him to attend the
funeral of the Earl of Callender, at Falkirk, on the 16th instant. Edinburgh,
16th March 1674 507
278. George Stirling, Chirurgeon, to Sir John Stirling, giving an account of the
defeat of the French near Strasbourg, and list of the Scots killed. Edinburgh,
18th August 1673 507
279. 280. Two letters from Mr. Walter Stirling, Minister of Baldernock, to Sir John
Stirling, as to the latter's courtship of the Laird of Luss' daughter, and intrigues against the Laird of Buchanan, a rejected lover of the lady. 8th and 19th October 1675 508, 509
281. The Hon. Patrick Lyndsay of Kilbirny, to Sir John Stirling, congratulating him
on the birth of a son. Kilbirny, ult. October [1676] 510
282. John, Earl of Rothes, Lord Chancellor, to Sir John Stirling, requesting him to be
at the mustering of the troop of Militia under his command, at Perth, on 1st
June then next. Edinburgh, 3rd April 1677 510
283. The Hon. Patrick Lyndsay of Kilbirny to Margaret Baillie, ' Lady Lusse,'
on her marriage to Archibald Stirling of Garden. Kilbirny, 24th April 1677. (Orig. at Garden) 511
284. Sir Archibald Stewart of Blackhall, Baronet, to Margaret Baillie, ' Lady Lusse,'
on her marriage to Archibald Stirling of Garden. Ardgowan, 24th April
1677 511
1677-1681.] ABSTRACT OF LETTERS. lxvii
Pa8'e
285. Lieutenant, afterwards Lieutenant-Colonel George Murray, to Sir John Stirling,
recommending him to endeavour to he elected to Parliament for Perthshire. Edinburgh, 22nd June 1677 513
286. The Same to the Same, recommending Sir John and his brother ' Carden,'
to accompany the Marquis [of Montrose], who was to meet the Duke and Duchess [of York]. Edinburgh, 29th June 1677 513
287. The Same to the Same, on Sir John being elected Member for Perthshire.
Edinburgh, 30th June 1677 513
288. William, last Earl of Monteith, to Sir John Stirling, requesting him not to
quarter a party of soldiers on the Earl, for not having sent a horse to the rendezvous of the Militia at Perth. The Isle of Menteith, 29th May 1678 ... 514
289. James Stirling, to his brother Sir John Stirling, stating he was ' to make moiene
' for a place.' Edinburgh, 5th June 1678 515
290. William, first Earl of Dundonald, to Sir John Stirling, requesting him to attend
the funeral of his son, the Lord Cochrane, at Dundonald Church, on the 25th September. Edinburgh, 3rd September 1679 515
291. Alexander, second Earl of Calander, to Sir John Stirling, requesting him to
receive the Commissioners of Justiciary at Linlithgow Bridge, and to escort them to Stirling. Calander, 22nd September 1679 516
292. Arthur Ross, Archbishop of Glasgow, to Sir John Stirling, requesting him to
attend the first meeting of the Commissioners for visiting the University of Glasgow. Glasgow, 4th October 1680 516
293. George Stirling, Chirurgeon, to Sir John Stirling, giving an account of the
landing of the Duke and Duchess of York in Fife. Edinburgh, 27th October
1680 517
294. Charles, tenth Earl of Mar, to Sir John Stirling, stating that the Earl could
not give Mr. James Stirling the vacancy in his Regiment. Edinburgh, 1st January 1681 517
295. John Wordie, Sheriff Clerk of Stirling, to Sir John Stirling, requesting Sir John
lxviii ABSTRACT OF LETTERS. [1681-1708.
Page to meet the Duke of York at Linlithgow Bridge, on Thursday then next.
Stirling, 31st January 1681 517
296. James, third Marquis of Montrose, to Sir John Stirling, requesting him to present
Mr. Alexander Duncan to the Church of Baldernock. Edinburgh, 7th May 1681, 518
297. James Stirling to his brother Sir John Stirling, on the death of the wife of the
former. Berwick, 13th May 1681 518
298. John Stirling of Craigbarnet to Sir William Purves, Baronet, as to the mis-
understanding between them. Campse, 11th July 1681. (Orig. at Glorat)... 519
299. J. Setone to Sir John Stirling, relative to Sir John's brother Harry obtaining
a commission as Ensign in a company levied for the East Indies. Seton,
12th August 1683 520
300 to 304. Five Letters from ' C. Stirling' or Bower, ' Lady Meathie,' to her cousin, Archibald Stirling of Garden, on her difficulties in bringing up her family, and defending her religious (Roman Catholic) principles, 1702-1706. {Orig. at Garden) 521-524=
305. A News-letter to James Stirling of Keir, giving an account of the proceedings
in the Scotch Parliament, and of the campaign in Flanders, &c. Glasgow,
13th June 1702 526
306. Walter Stirling, Writer, Edinburgh, to Archibald Stirling of Garden, giving
an account of the riots about the Union. Edinburgh, 24th October 1706. [Orig. at Garden) 527
307. Walter Stirling, Writer, Edinburgh, to James Stirling of Keir, with news of
the surrender of the citadel of Lisle, and of the death of the Archbishop
of Glasgow. Edinburgh, 9th December 1708 527
308-315. Eight Letters from James Stirling of Keir to Marion Stewart his wife, giving an account of his being taken to London, and of his imprisonment there, for being concerned in the threatened invasion of Scotland by the King of France, on behalf of the Stuart family, in 1708. Dated from Berwick, Alnwick, Boroughbridge, Barnet, London, and Newgate, May, June, and July, 1708 528-530
1714-174§.] ABSTRACT OF LETTERS. Jsix
Page
316. Alexander Rose, Bishop of Edinburgh, intimating that he had ordained Mr.
Nisbett a presbyter. Edinburgh, 17th March 1714 531
317. Patrick Edmonstoune to Marion Stewart, ' Lady Keir,' with an account of the
Czar's complaints of the treatment of his minister at the British Court, the charges against members of Parliament for taking bribes from the South Sea Company, &c. London, 28th February 1721 532
318. Sir Robert Montgomery of Skelmorlie to his uncle, Hugh Montgomery, on Sir
Robert's marriage to Frances Stirling. Bruntisland Castle, 30th December 1715. (Orig. at Eglinton) 532
319. 320. Two Letters from Frances Stirling, Dowager Lady Montgomerie of Skel-
morlie, to Hugh Montgomerie of Skelmorlie, on the death of her husband, Sir Robert, and her destitute condition. 30th August and 10th September, 1731. {Orig. at Eglinton) 533,534
321. James Stirling of Keir to his eldest son John, recommending him to take the
oaths, and to ' stand for Parliament man for the shire of Stirling.' Cadder,
24th July 1733 534
322. James Stirling, the Venetian, to John Stirling of Keir, about the latter's brother.
Archibald, going to Bengal ; news as to Dr. Fullerton and his wife, &c. London, 12th December 1735 535
323. Archibald Stirling to his brother John Stirling of Keir, giving an account
of his prospects in India. Calcutta, 25th October 1742 537
324. James Stirling of Keir to his son Robert Stirling, on the former being confined
in Dumbarton Castle. Dumbarton Castle, 7th September 1746 538
325. John Stirling of Keir to his brother Archibald, regretting he could not meet him
in London, on account of their father's illness. Cadder, 1st November 1748, 539
326. The Same to the Same on their father's illness. Cadder, 10th February 174|, 540
327. The Same to the Same, with an account of their father's death. Cadder,
27th February 174| 540
k
IXX ABSTRACT OF LETTERS. [1749-1757.
Page
328. George Goring to Archibald Stirling, on the death of his brother Hugh.
Calcutta, 13th December 1749 541
329. William Watts to Archibald Stirling, on the same subject. Calcutta, 10th
February 17fg 541
330. Colonel William Erskine of Torrie to Archibald Stirling, consenting to his
marriage to the writer's daughter. London, 14th February 1751 542
331. Walter, Lord Blantyre, to Archibald Stirling, congratulating him on his
marriage to Miss Erskine. Paris, 20th April 1751 542
332. John, Lord Gray, to Archibald Stirling, on the death of his brother John.
Gray, 9th July 1757 543
The following Letters are on the same Subject —
333. William, Duke of Montrose. Buchanan, 14th July 1757 544
334. George Lord Elibank. Balencreif, 15th July 1757 544
335. Francis Lord Napier. Edinbellie, 19th July 1757 544
336. John Lord Gray. Kinfawns, 26th July 1757 545
ORIGIN OF THE STERLINGS.
Some genealogical writers have supposed that Henry de Strivelin, youngest son of David, Earl of Huntingdon, the brother of King William the Lion, was the progenitor of the Stirlings of Keir, and the other families of that sirname in Scotland. But these writers have not attempted to trace the descent of either the Keir family, or any other family of the sirname of Stirling, from this Henry de Strivelin. One of the earliest writers on this subject, Mr. John Fairbairn, author of a History of the Drummonds, which was written in the year 1656, says, that the third and fourth sons of Earl David were Henry of Brechin and Henry of Stirling, so called from their birth-places, and proceeds — ' The youngest son of Earl David was Henry of Stirling, ' the stock of that ancient baron, the Laird of Keir and the rest of that ' tribe. He had of his father in patrimony, Longfordoun and many other ' lands in Angus, Mernes, and other places. There came of him one or two ' who were chancellors in the civil state, and diverse of the clergy compt, ' who were men of great activities.'1
Mr. Fairbairn maintains, at some length, that Henry de Strivelin was a legitimate son of Earl David. But if he had been so, his alleged male descendants would have claimed the crown of Scotland when it was vacant through the failure of male heirs, and competed for by the descendants of the sisters of Henry ; for the descendants of Henry himself, if legitimate, must have been preferable to the descendants of his sisters ; and the fact
1 MS. History at Heir. — The first Viscount ' be not clothed with the spangled garbs and
Strathallan, in his History of the Drummonds ' pindarizing language of the times (nakedness in
(p. 4), acknowledges the work of Mr. Fairbairn, but ' my conceit being ever the best dress of truth),
regrets his digressions, which were certainly very ' yet I hope it shall be found so void of gross
great. He has several chapters headed thus — ' rusticity as might breed in the reader a nausea ;
' By way of digression;' 'Another long digres- ' and so legible to the satisfyable that it shall
' sion;' ' A branch of the former large digression ;' ' neither need a buff-coat nor a malzie shirt to
' Briefly containing another branch of the di- ' guard it against Momuses of the times ; if your
' gression.' Mr. Fairbairn's style of writing is also ' honours, whom it principally concerns, and for
somewhat peculiar, as may be gathered from his ' whom I intend it, shall cast your cloak of patro-
own account of it — ' For the stile although it ' ciny over it.'
A
2 ORIGIN OF THE STIRLINGS.
that no claim was ever made by any one as deriving descent from Henry, nor any allusion made to their rights during the keen discussions between the many eager claimants, is sufficient of itself to establish his illegitimacy.
The statement by Mr. Fairbairn, that Henry de Strivelin was the progenitor of the Keir family, and others of that name, rests on the supposition, that Henry was the first who adopted the sirname of De Strivelin, and the root or origin of all the families of that sirname. But this supposition is as erro- neous as that regarding his legitimacy. It can be shown, that before Henry could have been born, there was at least one family of Strivelin who inherited lands in different counties of Scotland.
Henry's father, Earl David, was born in 1144. Henry was his youngest son, and could not well have been born before Ms father was eighteen years of age, that is, before 1162. Now, in the time of David I. who died in 1153, and who was Henry's great grandfather, and also in the time of Earl David's own father, Prince Henry, who died in 1152, there flourished Walter de Striveling, who witnessed charters granted by King David and Prince Henry. This Walter de Striveling must have been born at the latest twenty years before 1152, to enable him to witness charters by Prince Henry. Walter was thus older than Henry de Strivelin, or even his father Earl David.
Another Striveling was therefore established before the existence of Henry de Strivelin. Like him, Walter de Striveling had doubtless derived his sirname from the town of Stirling, if he was not the successor of others who had done so at a still earlier period, of whom no trace has been found. But whether Walter was the first who adopted the sirname of Stirling, or merely the representative of others who had previously done so, the sirname — dating it even from the days of Walter himself — is of high antiquity, and as old as any other Scottish sirname, which has continued in direct male succes- sion from the days of David I.1
1 The etymology of the sirname is uncertain. The name of the town may have been derived
Stirling having been from an early period a fron- from the Gaelic words Stribh Lin, signifying the
tier town, and the scene of many a struggle be- strife of streams ; and referring to the situation of
tween contending armies, is said to have derived the town near three rivers— the Forth, the Teith, and
its ancient name of Stryveling, which is supposed the Allan. Stirling, like other ancient sirnames,
to signify strife. [Nimmo's History of Stirling- has undergone a great variety of spellings, as will
shire, vol. i. p. 266.] be seen from No. 338, p. 648.
ORIGIN OF THE STIRLINGS. 6
Several historical and genealogical writers assert, that Walter de Striveling was the ancestor of the Stirling's of Keir, but no one has hitherto traced the descendants of Walter.
As the descent of the family now to be stated embraces a period of more than seven centuries, and includes twenty successive generations, it will be convenient to classify the whole under four heads or chapters, of which the first will show the early generations of the Stirling's, from Walter de Striue- lyng in 1130, to William de Striuelyng, who died in 1393 ; the second will trace the descent from Lukas of Strivelyng (son of William), the first of the family who acquired the lands of Keir, to Sir James Striveling, who married the heiress of Cawder in 1534, and thus united the families of Keir and Cawder, being the period from 1370 to 1588 ; the third from Sir Archibald Stirling, who succeeded Sir James in Keir and Cawder in 1588, to James Stirling of Keir and Cawder, who forfeited those Estates by Iris adhesion to the Stuarts in 1715 ; and the fourth from John Stirling, son of James, to William Stirling, the present proprietor.
CHAPTER I.
[1130-1393.]
THE EARLY GENERATIONS OF THE STIRLINGS, FROM WALTER DE STRIUELYNG IN 1130, TO WILLIAM DE STRIUELYNG WHO DIED IN 1393.
I. Walter de Striuelyng.
[1130-1160.]
Walter de Striueling is mentioned in a charter granted by David I. to Nicolas, his clerk, of twenty shillings out of the lands of Hedinhame or Edname in Teviotdale, held of the King by Peter de Striuelyng, son of Walter.1 This charter is not dated, but was probably granted about the year 1150.
Walter de Strivelyng is one of the witnesses to a charter of confirmation by Henry, Prince of Scotland, son of David I., to the church of Kelso, of
< Liber tie Dryburgh, No. 158, p. 111.
4 PETER DE STRIUELYNG, 1150-1180.
the grant of the church of Sprouston, by John, Bishop of Glasgow. This confirmation was made at Roxburgh, on the Kalends of July, without the year being stated; but it must have been previous to 12th June 1152, when Prince Henry died.1
Walter de Striueling had two sons, Peter de Striueling, and John, who adopted the sirname of Lambdene, from the lands of that name in Teviotdale, which he inherited from his father. This appears from a charter granted by ' Johannes de Lambdene, filius Walteri de Striueling,' to the church of Kelso, of a toft and croft, and eight acres, in the village of Lambdene, circa 1160.2 To this charter Walter, the son of John, is a witness.3
Nisbet says, that ' Stirling of Keir has always been reckoned the prin- ' cijial family of the name, and thought to be descended from Walter de ' Striveline,'4 and Sir James Dalrymple, that ' Walter de Strivelyn was ' perhaps the predecessor of Stirling of Keir.'5 It will now be shown, while tracing the successive generations of the family, that the general belief, as expressed by these writers, is well founded.
II. Peter de Striuelyng oe Cambusbarron.
[1150-1180.]
Malcolm IV. granted to the church of Dryburgh, in pure and perpetual alms, two marks yearly in Edinham, 'quas Nicolas clericus meus habuit in ' terra Petri,6 -filii Valteri de Strevelyn,' circa 11 60. 7
William the Lion confirmed an excambion between the church of Dun- fermline and the King's chaplains at Stirling, of certain lands there, which
1 Liber de Calehou, No. 382. 2 Ibid. No. 298. William de Camera, Lord of Ruchnawys, Peter de
3 A branch of the Stirlings continued to be con- Strevelyne, cousin of Hugh Fraser, is a witness, nected with Roxburghshire till the reign of David [Original Charter in Southesk Charter Chest.] II., who granted to Alexander Striuelyng a Dis- There was another charter \>y Hugh Fraser, Lord charge of the Castle wards furth of his lands in of Lovat and of Kynnell, to Peter de Stvivelyne, Roxburghshire. [Robertson's Index of Charters, and John his eldest son, whom failing to Hugh his p. 38, No. 28.] second sou, of the lands of Easter Brelsy, in the
4 Heraldry, vol. i. p. 401, 2nd edition, 1804. barony of Kynnell and shire of Forfar. This char- 6 Collections, p. 410. ter is dated 30th March 1407, and was confirmed 0 The Christian name of Peter continued to be by the Regent Albany on 30th March 1410. [Reg.
used by the Angus branch of the Stirlings. In a Mag. Sig. Rot. xii. No. 2.] charier by Hugh de Fraser, Lord of Kynnell, to ~ Liber de Dryburgh, No. 159.
PETER DE STRIUELYNG, 1150-1180. 5
are described as lying near the lands of Cambusbarron, belonging to Peter de Strivelin. The marches were perambulated by Richard de Moreville the Constable, Peter de Striveline, and others.1 This charter is not dated, but it must have been granted before the year 1189, in which the Con- stable died.
As Peter the son of Walter was proprietor of the lands of Cambusbarron in Stirlingshire, in addition to the lands of Eclinhame in Teviotdale, it is probable that he had inherited the former as well as the latter from his father.2
Peter de Striuelyng had one son Alexander, and is supposed to have been also the father of Thomas de Striuelyng, who was Archdeacon of Glasgow and Chancellor of Scotland, &c. This Thomas appears frequently as a wit- ness in charters by King Alexander II. Among other instances, a charter granted by that King to the Hospital of Soltre, dated at Stirling on the last day of September, and the eleventh year of his reign (1225), is attested by 'Thoma de Striuelyng Archidiacono Glasguensi, Gilberto de Striuelyng, ' Alexandre filio Patricio de Striuelyng.' Another charter by the same King, dated Edinburgh the 13th September, the fourteenth year of the King's reign (1227), is witnessed by ' Thoma de Striuelyne, Archidiacono de Glasgow.'3 An account of Thomas Stirling is given in Craufurd's Lives of the Officers of State. He says, that Thomas was a younger brother of Alexander, ' and ' devoting himself to the service of the church, he entered into orders ; was ' first one of the Clerici Regis, and after that was made Archdeacon of Grlas- ' gow, and Rector of Morebattle anno 1222. At length King Alexander II. ' to whom the Archdeacon's parts and integrity was well known, promoted ' him to the Chancellor's place upon the removal of the Archdeacon of St. ' Andrews in 1226, and he held the office till his death, which quickly ' thereafter ensued anno 1227.'4
! Registram de Dunfermline, No. 72. Glasguensis, et Magister Matthseus Scotus factus est
2 The village of Cambusbarron is situated about Cancellarius. [Chron. de Melros ad annum, 1227.] a mile south of the town of Stirling. It belongs to Balfour says, that Mr. Matthew Scot was elected Mr. Murray of Polmaise, but the title-deeds of Bishop of Aberdeen this same year, ' quho imediatly Cambusbarron, in his possession, are not older than ' after hes electione did reseinge the office of Lord the 15th century. ' Chanceler; and then the King did make Mr. Gil-
3 MS. Chartulary of Soltre, iu the Adv. Library. ' bert de Streueling Lord Chanceler in his roume.'
4 Obiit Thomas, Caiicellarius Regis, Arcludiaconus Annals, i. io.
6 ALEXANDER DE STRIUELING, 1180-1245.
III. Sir Alexander de Striueling of Cawder,1 Sheriff of Striueling.
[1180-1245.]
From the charter by King Alexander II., dated, at Stirling 30th September 1225, above quoted, it appears that Alexander, son of Peter de Striuelyng, was a witness along with Thomas de Striuelyng, Archdeacon of Glasgow, his sup- posed brother, and Gilbert de Striuelyng, who may have been a brother or other relative of Alexander and Thomas. Alexander witnessed numerous other charters by William the Lion and Alexander II. About the year 1180, the lands of 'Cader' and others, were given to the Bishop of Glasgow by William the Lion, for the safety of his sold.2 Soon afterwards the bishop appears to have feued out the lands of Cawder to Sir Alexander de Striueling, whose descendants have continued to hold them for centuries under the Bishops of Glasgow and their successors.
Sir Alexander de Striueling endowed a chaplainry at the altar of St. Servan, which he had founded in the Cathedral Church of Glasgow, with three merks annually ' de molendino meo de Cacler.'3 The charter of endowment is not dated, but the first witness named in it is ' H. de Mortuomari,' dean of Glasgow, who also witnessed another grant in 1221 ;4 and the grant by Sir Alexander may therefore be held to have been made about that date. It was certainly before 1232, as it was confirmed by Walter bishop of Glasgow who died in that year.5
In a charter by William, son of Patrick, Earl of Dunbar, to the church of Kelso, dated 1241,6 the first witness is ' Domino Alexandra de Striuelin ' tunc Constabulario de Rokesburg ;' an office which was then of great
1 The name of this property and parish lias been 3 Register of Glasgow, Nos. 121 and 122. The spelt in many different ways, as will he seen in present mill of Cawder is situated near the parish the documents hereafter to he cited, Cader, Cadar, church. The site of the old mill is pointed out at a Cadare, Cadder, Cawder, and Calder. The spell- large thorn, on the south bank of the Edinburgh and ing usually found in maps is Cadder, but that of Glasgow Canal, and about a quarter of a mile to the Cawder is hero adopted, because it expresses the west of the present mill. The change of site was pronunciation of the word which obtains in the probably occasioned by the formation of the canal, district, and which is not expressed by any of * Register of Glasgow, No. 116.
the other spellings. • Ibid. No. 122, and Treface, p. x.wi.
2 Register of Glasgow, p. 28, No. 20. K Liber do Calchou, No. 2:10.
JOHN DE STRIUELING, 1241-1270. 7
trust and importance, as the castle of Roxburgh was one of the chief border strongholds.
Sir Alexander appears to have been succeeded in his office of sheriff of Stirlingshire by his son,
IV. John de Striueling of Ochiltree, &c. [1241-1270.] Under the designation of Sheriff of Stirling, he witnessed a charter of Alex- ander II. dated at Kirktune, 12th September, in the 28th year of the kind's reign (1241). J John de Strivilen confirmed to the hospital of Soltre a toft and a croft in his manor of Ochiltree, with common of pasture for four cows 12 ewes, with their lambs of one year old, and also one thrave of corn from every carrucate of his lands ; and of Ms men, wherever they might be, on the southern side of the Forth. To that grant Galfred prepositus de Ochiltree was a witness.2 John is presumed to have had three sons —
1. Alexander Striveling of Cawder, from whom descended Janet Stirling, heiress of Cawder, who was married to her kinsman, Sir James Stirling of Keir, as will afterwards be seen.
2. Sir John of Oarse and Alva. Sir John de Striveling, Knight, and Wil- liam de Striveling, his brother, are witnesses in a charter by William de Kynmonde without date, but probably about the year 1290.3 Sir John was present at the pleadings between Bruce and Baliol for the Scotch Crown in 1292, and there, with the rest, gave his homage to Edward as sovereign and lord paramount. Crawford, in his Remarks on the Rag- man Roll (which, was subscribed by John de Striueling), says that he ' is the ancestor of the Stirling's of Alva
and Carse, of the same family with the Stirlings of ' Cadder.' The seal of arms of John, as appended to the Ragman Roll, is still preserved, and the shield bears on a chief, three buckles, as shown in the annexed woodcut.
Sir John de Striueling was sheriff and forester of Clackmannan, and lord of the Carse of Stirling, and of Alveth, and the superiority of Ochiltree in
1 Register of Glasgow, No. 180. 3 Chartulary of Cambuskenneth, No. 50.
2 Chart. Soltre, No. 27.
8 SIR ALEXANDER DE STRIUELING OF CAWDER, 1272-1300.
the shire of Linlithgow. He died before the year 1357, and his offices and estates were inherited by his only daughter Marjory Striueling. She married John de Monteith, a younger son of Monteith of Ruskie ; and resigned her offices and estates in the hands of Robert Steward of Scotland, who infeft John Monteith, the husband of Marjory, in tbe same. David II. by charter dated 25th January, in the twenty-eighth year of his reign (1357), restored Marjory and John to her offices and estates, to be held by them and the heirs of their marriage, whom failing, the lawful heirs of Marjory, in the same way as John de Strevylyn her father held the same.1 Robert II. confirmed a resignation made at Scone, in the parliament held there on 22nd October 1382, by Marjory Stirling, daughter and heiress of the late John de Stirling, to "William Monteith, her son and heir, and Elisabeth, his spouse, of the said offices and estates, and also the tenantries of Ochiltree and Pardovane, in the barony of "West Kerse : reserving the liferent of Marjory.2
On account of this alliance, the Menteiths of Carse always carried the three Buckles of the Stirling's, quartered with the Monteith arms.3
3. Sir "William, ancestor of the Keir line, whose history will be given at page 13, after tracing the descendants of his eldest brother Alexander, who inherited Cawder, and carried on that line of the Stirling's till they terminated in an heiress, who was married to James Stirling of Keir, and thus again united both families.
the cawdek line.
(1) Sir Alexander de Striueling of Cawder, Knight.
[1272-1300.]
Alexander, the eldest son of John (No. IV.), subscribed the Ragman Roll in 1292, under the designation ' del conte de Lanark.' Crawford, in his
1 No. 3, p. 198. 2 No. 4, p. 200. the Valley of Clude. The condition on which 3 There flourished at the same time with Marjory Mary of Strinelyne granted the Barony, was her Stirling, another lady, who was prohably of the own allegiance to the English king; for in 1347 Cawder family, from her connection with Clydes- she was received into King David's Peace, and re- dale. This was Mary of Striuelyne, Lady of instated ill the Barony of Robertyston, which she Robertoune, who in the year 1346 granted to Sir immediately resigned in his hands. [Mun. Vet. William of Douglas the barony of Roberstoune in Com. de Mortoun, pp. 50-52.]
JOHN DE STRIVELING, &C, 1300-1432. 9
remarks on that roll says, that ' this ' Alexander, ' from vouchers which ' cannot be called in question, is the head of the family of Stirling's of Oalder, near Glasgow.' The eldest son of Alexander was- — ■
"&v
(2) John de Striveling.
[1300-1333.]
In 1272 Sir Alexander de Striveling granted a charter of the church lands of Alveth, to Saint Servan of Alveth, which is witnessed by ' Johanne filio meo ' primogenito.'1 John was lulled, and his cousin, also named John de Striue- lin, was taken prisoner at the battle of Halidon Hill, on 19th July 1333.3
(3) Sir John of Strivelyne of Cawder and Regorton, Knight.
[1333-1408.]
He is presumed to have been the son of John, who was slain at Halidon Hill. He inherited the lands of Cawder, which had belonged to his great great grandfather, Sir Alexander the Sheriff, and also the lands of Regorton in Perthshire. Sir John died in the year 1408, and was succeeded in the lands of Cawder and Eegorton by his son,
(4) William of Strivelyne of Cawder and Eegorton.
[1408-1432.]
He obtained from Mathew Bishop of Glasgow, with consent of the Chapter, a charter of the lands of Cawder, which is not dated, but must have been granted about the end of the year 1408.8
William of Strevylling, Lord of Cader, is a witness to a charter of the lands of Ballyncorrach and others, by Duncan, Earl of the Levenax, to his ■' laffwell sone Donald of the Levenax,' dated 22nd July 1421.4
1 Chartulary of Cambuskenneth, No. 15. 3 No. 8, p. 204.
2 Hailes' Annals, vol. iii. p. 92. Edition, 1792, i Case of Lennox of Woodhead, claiming the and reference to Knyghton. earldom of Lennox.
B
10 SIR WILLIAM STRIVELING OF CAWDER, 1432-1487.
On 29th April 1432, William of Strivelyne was served heir of Sir John of Strivelyne, Knight, his father, in the lands of Eegorton, in the shire of Perth, which were held ward of Walter de Haliburton, and had been twenty- four years in non-entry, since the death of Sir John, i. e. since 1408.1
William of Strivelyne of Cawder acquired, on 3rd August 1422, the lands of Gallisholme, lying in the west part of Galliston, and shire of Ayr, in wadset, from George Cambell, laird of the west part of Galliston, to be redeemable on payment of 20 merks.2
In 1431, William Striveling of Cawder was one of the hostages for pay- ment of the ransom of King James I. from the king of England.3 He died between 29th April 1432 and 23rd June 1434, and was succeeded by his son,
(5) Sir William Striveling of Cawder and Eegorton.
[1432-1487.]
It appears from an instrument of sasine, dated 23rd June 1434, that he was infeft in the lands of Cawder, as heir of his father.4
On 21st January 1442, a decree of the Lords of Council was obtained at the instance of William of Strivelyne, Larde of Cadare, against Gilbert of Striveling, concerning the lands of Kirkmichael Strivelyne, lying above Leven, within the shire of Dumbarton, whereby it was found that these lands belonged to William, and Gilbert was ordained to remove therefrom, and to pay the mail yearly to William, from the time he took sasine thereof.5
Sir William Strivelyne died on 6th May 1487. He had five sons:
1. William his successor.
2. Humphrey, who was procurator for his father in a requisition concerning the lands of Easter Cawder, dated at Stirling, 10th May 1472.G
3. Eobert and ") procurators for their eldest brother, William of Cawder,
4. Andrew, j on 7th January 1492.
5. William, the second of the name. He and Andrew are called sons of Sir William in the instrument of sasine in favour of his eldest son William, as his heir in Cawder, dated 31st May 1487.7
i No. 14, p. 210. 2 No. 11, p. 208. 3 Rot. Sco. II. 277". 4 No. 1G, p. 212.
'- No. 20, p. 216. ° No. 47, p. 247. 7 No. 57, p. 259.
william striveling of cawder, 1487-1505. 11
(6) William Striveling of Cawder.
[1487-1505.]
' William Stervelyng, son and heir apparent of the Lord of Cader,' wit- nessed a charter by Sir Alexander Montgomeri of Ardrossane, Knight, dated 13th January 1461. 1 William was served heir to his father in the lands of Cawder on 30th May 1487. The jury find, that the lands had been in nonentry through the death of Sir William for three weeks and three days. He was infeft in Cawder on 31st May 1487,2 by virtue of a precept by the Vicar-General of Robert, Bishop of Glasgow, who was then abroad. William Striveling was also infeft in the lands of Kirkmichael Stirlyng, on 31st De- cember 1487,3 and was served heir to his father in the lands of Letter, in the earldom of Lennox and shire of Stirling, on 29th May 1487. 4
On 7th January 1492, William Strevelyne of Cawder granted a pro- curatory to Robert and Andrew Strevelyne, his brothers, for resigning his lands of Kirkmichael and Blarnarn, in the hands of the superior, in favour of William Strevelyne, his son and heir apparent, and Elizabeth Buchanan, his wife.5
There is still appended to this procuratory the seal of the granter, which bears on a Bend engrailed, three buckles. The crest is a swan's head issuing out of a coronet, bein the same as the original crest of the Earls of Crawford. David, the fifth Earl, who was created Duke of Montrose in 1488, carried the same crest on his ducal seal.
It might be thought, that as the Keir family carried the plain Bend, and those of Cawder the Bend engrailed, the latter were cadets of the former. But the mere fact of engrailing a Bend does not invariably establish cadency. Nisbet says — ' Those principal families who have any of those lines of par- ' tition in their arms, their cadets, in my humble opinion, besides making ' them crooked by putting them under accidental forms as ingrailed, invecked, ' waved, &c. should give also some other additional figure or other eminent
alteration ' — ' for those accidental forms alone do neither shew the degrees
1 Original at Eglinton. 2 Xo. 57, p. 259. 3 No. 58, p. 262.
4 No. 56, p. 258. 5 Procuratory at Keir.
12 • WILLIAM STRIVELING OF CAWDER, &C., 1505-1522.
' of birth, nor time when cadets descended of principal Houses, and are not ' so serviceable as the minute differences.'1
Sir David Lindsay's Heraldic work, which was written in the middle of the 16th century, gives the arms of Stirling of Keir with the Bend engrailed, and those of Cawder with the Bend plain, as shown in the fac simile opposite. Nisbet mentions, that in the House of Falahill, the Keir arms, with the Bend engrailed, were illuminated with those of many others of the Barons of Scotland in the year 1604.2
With such variation in the use of engrailing the Bend, both by the Cawder and Keir families, little weight can be attached to it as an heraldic test of cadency.
On 27th December 1505, William of Strevelyne, Laird of Cawder, granted a precept for giving possession to William of Hamilton in Kincavyll of the lands of Craigbrey, in the barony of Bernabogall, and shire of Linlithgow, in terms of an assignation of liferent, granted by the said William of Strevelyne. One of the witnesses to this precept is Mr. John Strevelyn, curate of Cawder.3
William Strevelyne (6) of Cader, died on 11th February 1505. He had one son —
(7) William Stkiveling of Cawder.
[1505-1517.]
On 23rd March 1505, he was served hen of his father, the deceased William Striveling of Cawder, who had died about forty days before.* He also obtained a precept, dated 28th April 1506, from Sir William Menteith of West Kerse, Knight, for infefting him as heir of his said father in the lands of Ochiltree, in the barony of West Kerse.
AVilliam Striveling married Elizabeth, daughter of Sir Walter Buchanan of that Ilk.5 He died before 25th April 1517, and was succeeded by his son —
(8) Andrew Striveling of Cawder.
[1517-1522.]
On 25th April 1517, he obtained a precept of clare constat from the said
1 Essay on Cadency, p. 117. 5 Buchanan Pedigree: ' Written and set furth be
2 Vol. i. p. 402. ' William Colquhoun, in the year of God 1602.'
3 No. 74, p. 281. 4 Nn. 75, p. 281. [Bardowie and Leny Charter Chest-l
r/fOM FOi/O 4- OF
THE HE//ALD/C Af.S. OF JAMES PONT, -/S2*.
/JV I YOA/ omc££DMBOMH.
T/re aiore /S /toeedm Po/rSt' Vo/ltme as Ca/re/r "out of ane old M. S. Aeraldiioait or Scots "Nob/emea and Ge/ic/cmeris arms /l£tjmv7a,£ "in fuarto. "
SIR WILLIAM DE STRIVELING, 1270-1295. 13
Sir William Menteitli, for infefting him as heir of his father in the lands of Ochiltree.
He married Marjory Cunynghame, who survived her husband, and died shortly before 16th February 1524; 1 Andrew Stirling died before 15th Sep- tember 1522, leaving an only daughter —
(9) Janet Striveling, Heiress of Cawder.
[1522.]
She succeeded her father Andrew Striveling in 1522, in the estate of Cawder. In 1534 or 1535, she was married to her kinsman James Striveling of Keir, and afterwards conveyed the estate of Cawder to him and his heirs, as will be more particularly noticed when tracing the Keir line.
Having now traced the main or Cawder line till its junction with the Keir branch, the descent of that branch will next be shown.
THE KEIE LINE.
V. Sir William de Striveling, Knight.
[1270-1295.]
As already stated (pp. 7-8), the third son of John de Striveling (No. IV.) was Sir William de Striveling, Knight. He witnessed a charter by William Gourlay to the Abbey of Melrose, in the year 1293,2 and with Sir John de Striveling, his brother, he witnessed a charter by William de Kimnonde to the Abbey of Carnbuskennetk.3 Sir James Balfour, in his Blazons, says, that in the year 1292, ' Sir William Stirling carried, parted per fesse, sable ' and or, three buckles of the last on the first.'4
Several seals, belonging to persons of the name of Stirling, are appended to the Deeds of Homage — commonly called the Kagman Bolls — which were exacted by Edward I. from the Scottish Barons in 1292 and 1296, and are preserved in the Chapter House, Westminster. Willelmus de Strevelin
1 No. 107, p. 320. 3 Chartulary of Cambuskenneth, No. .50.
2 Sir James Dalrymple's Coll. lxxix. 4 Nisbet's Heraldry, vol. i. p. 40].
14 SIR WILLIAM DE STKIVEL1NG, 1270-1295.
has a shield of arms — on a chief three huckles, supported by two lions, as appears from the annexed woodcut. Jehan de Striveline, chevalier, bears the same coat as already shown. Johannes /i^^^X^\^^^^\ de Strivelyn bears six mullets, three, two, and one, as appears from the an- nexed woodcut. The latter was Sir John Striveline of Moray, chief of the family of Snive- ling, which settled in Moray. Alexander de Striveling acquired lands there before 1234, by marriage with a daughter of Freskin de Kerdale, a near rela- tive of the great family of de Moravia,1 and Sir John was probably the son of that marriage. The mullets borne by him were the arms of the Moray family, and either through the intermarriage of his father, or from his being a vassal of that family,- he had assumed the mullets as arms of alliance or dependence. The origin of the Buckles, which have for so long a period been the chief Stirling arms, has not been ascertained. Buckles, clasps, and rings in heraldry, ' represent power and authority in the bearers, as also an acknow- ' ledgment of a dependence of sovereign powers ; for such things were of ' old ordinary gifts of superiors, as badges of fidelity and firmness.'2 Bunkle of that ilk, an old family in Berwickshire, carried on a Bend three buckles. Through intermarriage, the Darnley or Lennox Stewarts quartered these Buckles with their own arms. It is possible, that one of the early Stirling's, who settled in the border counties, may have intermarried with the Bunkles, and thus acquired the Buckles in the same manner as the Stewarts. The Buckles are the well-known badge of the Leslie family, and though the Stirlings acquired Keir from them, it is certain that they did not then assume the Buckles, for it can be shown that they carried them two centuries at least before their acquisition of Keir.
It is worthy of notice, that the ancient family of Calder carried Buckles ; 3 and the present Earl of Cawdor, as representing them, quarters the Buckles with his own Campbell coat. It is possible, that Cawder in Lanarkshire may have belonged to a family of that name before it was granted by William the Lion to the Bishop of Glasgow ; and that Alexander Striveling, on his acquir-
1 Cliartulary of Moray, No. 86. 2 Nisbet, i. 401. 3 Laing's Seals, p. 31, No. ISO.
JOHN DE STRIWELYNE OF RATHORAN, &C, 1295-1393. 15
ing the estate, or through an intermarriage with the family, may have adopted the Buckles.
Sir William Striveling is presumed to have been father of —
VI. John de Striwelyne of Eathoran in Lorn.
[1295-1339.]
John de Striwelyne is presumed to have been taken prisoner at Halidon Hill on 19th July 1333, where his cousin of the same name was slain.
John de Striwelyne married Mary, the aunt of John of Argyll, Lord of Lorn, the last of the male line of tbe ancient Lords of Lorn, who claimed descent from Dugal, the son of Somerled of Argyle and the Isles. John of Lorn granted to Mary, his aunt, the wife of John de Strevelyn, the lands of Ea- thoran, and others, in Lorn, to be held of the granter for payment of a pair of spurs. This charter is dated at Perth on the Nativity of St. Mary 1338 ; 2 and it was perhaps granted to the lady on the occasion of her marriage.
In the following year, 1339, John de Striwelyne and Alan Boyd, styled by Fordun ' valentes armigeri,' commanded the Archers, under the Steward of Scotland, at the siege of Perth, when they were both slain.3
The death of John de Striwelyne at Perth is also recorded by Wyntonn
in his Cronykil —
' Qwhil thai ware lyand at that Touri
' Thai had oft tymys bykkoryng, 1 Qwhare there wes far and nere schotyng ' Thaire deyd twa Scottis Sqwyeris ' As thai war governand thaire archerys ' Alane Boyd and Jhone of Stryvelyne.'4 He was father of —
VII. William of Strivelyn of Eathoran.
[1339-1393.]
William may have been born in 1339, being the year following the marriage of his parents. He possessed the lands of Eathoran by the same tenure as they had
1 Hailes' Annals, vol. iii. p. 92. Edition, 1792, 2 No. 2, p. 198. 3 Fordoun, xiii. 45.
and reference to Knyghton. * Vol. ii. p. 233-4.
It! LUKAS OF STRIVELYNG OF RATHORAN, &c, 1370-1449.
been granted to Mary, the wife of John de Striwelyne, and her heirs. It ap- pears from the retour of his son in 1423, that William had been dead about thirty years, that is, since 1393, fifty-five years after the grant to Mary Stirling.
CHAPTER II.
[1370-1588.]
FROM LUKAS OF STRIVELYNG (SON OF WILLIAM), THE FIRST OF THE FAMILY WHO ACQUIRED THE LANDS OF KEIR, TO SIR JAMES STRIVELING, WHO MARRIED THE HEIRESS OF CAWDER IN 1534, AND THUS RE-UNITED THE FAMILIES OF KEIR AND CAWDER.
VIII. LUKAS1 OF STRIVELYNG OF EATHORAN, EATHERNE, BoQUHUMBRY, AND THE FIRST OF KeIR.
[1370-1449.] He acquired the lands of Eatherne or Quoigs, which he in the parish of Dunblane, about the end of the 14th or beginning of the 15th century. On 8th October 1414, he obtained a charter from Euphemia Countess Palatine of Stratherne, of the lands of Wester Eatherne, in the earldom of Stratherne, under a limitation to him and the heirs-male of his body, whom failing, to William of Strivelyne, Lord of Cadar, and the heirs-male of his body, whom failing, to the nearest heirs-male of the sirname of Strevelyne, whom failing, to the said Lucas's nearest heirs whomsoever, whom failing, to return to the Countess and her heirs.2 This charter proceeds upon the resignation made by Lukas, in consecpience of a taillie between him and the said William of Strevelyne of Cadar, who appears to have been his nearest heir-male, failing his own children. This family arrangement by the two cousins, at so early a period, corroborates the relationship between them.
On 11th January 1423, Lucas of Strevelyn was served nearest heir of the deceased William of Strevelyn his father, in the said lands of Eathoran and
1 The Christian name of Luke is of great anti- tiny. He and his predecessors were benefactors of
quity in the earldom of Stratherne. Luke, son of the Abbey of Inchaffray. [Chartulary of Inch-
Theobold, son of William the son of Clement, was affray].
Lord of Pethlandy, in the middle of the 13th cen- 2 No. 10, p. 206.
LUKAS OF STRIVELYNG FIRST OF KEIR, 1414-1449. 17
others. The retour hears, that William of Strevelyn had been dead about thirty years.1
Besides possessing Kathoran and Katherne, Lukas of Strevelyn acquired Bouchquhumgre, in the barony of Leslie, and shire of Fife, and was desig- nated of these lands in 1448, when mutual excambions of lands were made between him and George Lord the Leysly of Lewyn, whereby the former acquired Keir, and the latter Bynzharty and the hills of Ballingalle, in the lordship of Leslie. These excambions were made by procuratories of resigna- tion granted by the respective proprietors. The procuratory by Lukas of Ster- ling is dated 6th May 1448. It empowers William of Sterling, his son and apparent heir, to resign Bynzharty and the hills of Ballingalle, holding of the baron of that ilk, at Leysly, the Lord's chief place of the same barony. This procuratory is still preserved in the Rothes charter-chest.2 It has the seal of Lukas appended — on a bend, three buckles, as shown in the annexed woodcut. The buckles thus continued to be carried by Lukas Striveling in the 15th century, as they had been by his ancestor William de Striveling in the 13th, with this change, that they were borne by both the Cawder and Keir families on a bend instead of a chief. This variation is noticed by Nisbet, who does not attach any importance to the different situation of the Buckles.
On the day following, 7th May 1448, a procuratory was granted by George of Leysly, Lord of that ilk, for resigning in the king's hands, the half of the lands of Keyr, in favour of Lucas of Striveling of Boquhumgre.3
Lukas had previously acquired a wadset of Keir from Norman of Lesly of Kothes, and was infeft in them on 22nd January 1433.4 In this instrument, Lukas is designated of Retherne, and he had probably acquired Bouquhumgre between that date and 1448, when he is designated of the latter estate.
The place of Keir,5 which was thus originally acquired by Lukas of
1 No. 12, p. 209. Luke de Striveling of Katherne, the Duncan Striveling who is stated to have been the
and Duncan de Striveling, were two of the inquest on first of the Craigbarnet Stirlings.— Vide p. 127, infra,
the service of Sir John Haldane, Knight, as son and 2 No. 24, p. 221. 3 No. 25, p. 222.
heir of Sir Bernard Haldane, Knight, 2nd October * No. 15, p. 211.
1425. [Gleneagles Writs, quoted in Dennistoun 5 Occasionally in the 15th century, and generally
MSS.] This Duncan may be the same person as during the ICth, Keir was called ' The Keir.' Sub-
C
18 LUKAS OF STRIVELYNG FIRST OF KEIB, 1414-1449.
Striueling, and other Keirs in the same district of the country, is thus described hy the Rev. Dr. Robertson — ' Kier is one of a chain of rude ' forts, which are all called Kiers, that run along the north face of the ' Strath or valley of Monteath. These forts are at present in ruins, and ' are discernible to strangers only by knolls of green surface covering a ' great heap of loose stones ; but well known to the inhabitants of the ' country, who carry away the stones for building enclosures and houses. ' One of these forts was situated at the place of Keir. There are also ' kiers at Achiusalt, at Borland, at Balinackader, at Tar, and in many ' other places of that direction, all similar to one another in respect of ' situation, construction, prospect and materials ; which is a strong pre- ' sumption at least, if not a clear proof, that their use was the same.'1 In the neighbouring parish of Kippen, many places have the name of Keir — ' which bear the marks of some ancient military work, namely — Keir-hill of Glentirran, Keir-hill of Dasher, Keir-brae of Drum, Keir- know of Arnmore, and Keir-brae of Garden. On the summit of each of these, there is a plain of an oval figure, surrounded with a rampart, which in most of them still remains entire. The Peel of Garden, on which there is a work of the same kind, is less elevated in point of situation. It rises but a little above the carse. The enclosure, however, is considerably larger than that of the keirs ; and the rampart and ditch, in respect of form and appearance, have suffered less from the injuries of time.'2 There is a parish called Keir in Dumfriesshire, which the learned author of Caledonia says, derives from the British Caer, signifying a fort. ' This ( appellation has assumed the form of Keir in many names of places in 1 North Britain. A range of British or Caledonian forts along the northern ' side of the Forth are still called Keirs by the Scoto-Saxon people ; but ' Caer by the Gaelic inhabitants.'3 This etymology is confirmed by the New Statistical Account of the Parish of Keir, which states, that close by a farm- house, now called Nether Keir, a tower once stood.
sequent to that date, the present name was com- mile to the south-west of Keir House, was perhaps
monly adopted. It lias been variously spelt Keyr, the site of the original castle of Keir.
Keyre, Kere, Keer, Keire, and Keir. ' Auld Keir,' ' Statistical Account of Lecropt Parish, 1796.
which is now a farm on the low grounds, about a 2 Ibid. Kippen. 3 Caledonia, vol. iii. p. 106.
SIR WILLIAM OF STBIVELINE OF KEIR, 1420-1471. 19
Sir Walter Scott celebrates the Keir in the Lady of the Lake — ' Blairdrunmiond sees the hoofs strike fire, ' They sweep like breeze through Ochtertyre, ' They mark just glance and disappear, ; The lofty brow of ancient Keir.'
Lukas of Strevelyn, the first acquirer of Keir, died between 10th December 1449 and 13th April 1452. He had a sou, William, who succeeded him, and a daughter, Margaret, who was married to Sir Colin Campbell, second son of Sir Duncan Campbell of Lochaw, which Sir Colin ' wes the first '' laird of Glenurquhay discenditt off the house off Lochow off the name ' of Campbell.' l
It appears from the same authority, that Margaret Stirling was the fourth wife of Sir Colin Campbell, and that on her ' he begatt tua sones, the eldar ' cailit Jhone Campbell (quka thaireftir succedit Laird of Laweris), the ' other namit George Campbell, quha deit young, and ane dochtir cailit ' Helene Campbell, quha wes first mareit on Makeane of Ardnamurrocb, 1 and thereaftir on Makgregoure.' 2
An instrument quoted in the same work records, that on the 9th of Feb- ruary 1468, Margaret de Striveling, Lady of Glenurquba, ' In curia de ' Glenclochyrt, tenta apud Kandrocht Kilin, per balivum ejusdem a Johanne ' McMolcalum McGregor, petiit firmas suas de terris de Coreheynan. Qui ' Johannes respondebat plane in facie prefate curie, coram omnibus ibidem ' existentibus, denegauit, et dixit quod non accepit assedationem dictarum ' terrarum a dicta domina Margaretta, sed a Deore de Meser, et quod non ' tenebatnr in aliquas firmas de terminis elapsis, quia solvit illas dicto ' Deora quo accepit prefatus terras.' 3
IX. Sir William of Stkiveline, of Ratherne and Keib, Knight.
[1420-1471.]
William, afterwards Sir William of Striveling, Knight, the eldest son and heir of Lukas, was commonly designated of Ratherne after ,iis father's death.
1 Black Book of Taymouth, p. !). 3 Ibid. Preface, p. xxxvi. John de Stirling is
2 Ibid., pp. 11, 12. one of the witnesses to this instrument.
20
SIR WILLIAM OF STEIVELINE OF KEIR, 1420-1471.
Although he inherited that part of Keir which was acquired by his father from Norman Leslie, and acquired himself the other half of Keir, he was not usually designated of that estate.
William of Streveline acquired several estates. In 1448, he obtained the lands of Lubnoch, in Stragartney, from Jonet of Kinross, Lady of Kip- penross. The charter bears to be granted in consideration of his help and counsel afforded to the lady in recovering those lands which her fore- fathers had wadset to John of Menteith. The reddendo was a roebuck's head.1
In the year 1455, he bought the half of the lauds of Keir, commonly called Kere-Hawden (Haldane), from Walter Hawden of Kelore,2 and also the middle part of the lands of Grlassrngall, Schanraw and Garnortone, in the earldom of Stratherne, from Archibald of Kynbnck of that ilk.3 In the year 1468, he also acquired from the said Archibald of Kynbuck, the lands of Lytil and Mekle Kynbuck, in the regality of Stratherne.*
On 16th August 1466, Sir William Streveling of Keir, was infeft in five- eighth parts of the lands of Kennoway in Fife, on a charter by Thomas Chalmers, the superior.5
William of Striveline was knighted in 1460, and died between 8th Sep- tember 1468 and 23rd May 1471.
Sir William was thrice married — 1st, to Margaret Cunninghame; 2dly, in 1466, to Eufame;6 and 3dly, to Agnes Bruce, who survived him, and mar- ried, before 1491, David Blare of Adamtoun, whom she survived. She was alive on 15th July 1513. By Ms first marriage he had—
1. William, his heir. And by the third —
2. John Striveling, who entered into a contract with his nephew, Sir John Stirling of Keir, dated 15th July 1513, whereby John obliges him- self to renounce all his right to the lands of Monyvilowstoun and Balqu- homry, and to cause his mother, Agnes Bruss, to renounce her right to the said lands ; in consideration whereof the said Sir John is to infeft his uncle in ten merks' worth of the lands of Lumbarry, in the barony of Bambreich, and shire of Fife, and to give him four merks' worth of land which he had
1 No. 26, p. 222. 2 No. 31, p. 227. 3 No. 32, p. 228. G Great Seal Register, 27th October 146G. The
4 Ken- Writs. 5 No. 41, p. 239. sirname of this lady has not been ascertained.
SIB WILLIAM OF STRIVELINB OF KEIK, 1420-1471. 21
of the king, called the West Third of Eatterne, with the hall on the Hall mark which John of Lummysden inhabited, with seed and corn and whole plenishing thereof, for his service done and to he done to Sir John.1
This John Striveling was probably father of Kobert Striveling of Wellcoyg, whose two daughters and heirs, Margaret and Mariot Striveling, in 1531, resigned these lands to Sir John Striveling of Keir, for certain good deeds done by him to them.2
3. "William : The existence of William is proved by the following evidence : William Striuilin, brother to the Laird of Kere, was ordained by the
Lords of Council, on 3rd February 1488, to restore to James Simson a great number of cattle, horses, and goods taken by WiUiam and his accomplices from the place of Lekra.3 On 27th February 1489, the said Lords ordained certain persons named in their decree, to relieve ' William of Striuelin, brother ' to the Lard of Kere,' at the hands of James Simson, from payment of por- tions of the above goods ;4 and the Lords Auditors ordained, on 13th October 1479, that William of Striuiling of the Kere, and William his brother, should relieve John Bishop of Dunblane of £26, 8s.5
William Stirling having been called by the same Christian name as his eldest brother the laird, it may be doubted if the former was legitimate, as it was not usual for two brothers-german to have the same Christian name.
4. Lewis, who was concerned in an adventure with Squire Meldrum, re- garding the widowed Lady GUeneagles, which will be afterwards noticed.
Besides these sons, Sir William Striveling of Keir appears to have had a daughter, Catherine Striveling. In Martine's Genealogical Account of the Betons of Balfour, it is stated, that John Beton, the fourth Laird of Balfour, married ' Catherine Stirling, daughter to the Laird of Keir, and got in tocher ' with her the eight part of the lands of Kennoway, which was the begin-
1 Keir Writs. worset, 2 sarkis, a brest curche, three sekkis, a
2 Ibid. woman's haik, a pair of scheris, 2 hewin axis, a
3 Acta Dom. Cone., p. 106. The articles -which womyll, a borale, a dosane of horse schone, twa were taken by William Striuiling were very mis- plew irnis, and all irue graith belanging to twa cellaneous — as the following specimens will show — plewis, a tangis, a pare of womanis knyffis.
10 oxen, 18 kye, 4 young nolt, 2 pair of sheets, twa 4 Acta Dom. Cone, p. 132.
gownis, a pare of doune coddis, a blew palin of 5 Acta Auditorum, p. 86.
22 SIR WILLIAM OF STRIVELING OF KEIR, 1471-1503.
' nirtg of their interest there.' 2 There is no evidence of this marriage in the Keir charter-chest ; but the papers may have perished in the burning of Keir, which took place in 1488, as will be afterwards more particularly noticed. The ownership of Kennoway by the Stirlings, and their connection with the Betons, are established by documents still in the Balfour charter-chest. These are — an instrument of sasine of five-eighth parts of the lands of Kennoway, proceeding on a charter by Thomas Chalmer the superior, in favour of Sir William Streveling of Keir, Knight, dated the 16th of August 1466 ; and assedation in feu-farm by Sir William Streveling in favour of John Bethune of Balfour, ' his louit cousing,' of the said lands of Kennoway, dated 15th July 1473. 2
X. Sir William of Striveling of Kere, Knight.
[1471-1503.]
William of Striveling was infeft as heir to his father in the lands of Keir, Glassingall, Lubnocht and others, on a Crown precept, dated 23rd May 1471. 3 In 1472, he founded a chaplainry at the altar of the VirgiD, on the north side of the Cathedral Church of Dunblane, for the salvation of King James III., John Hepburn, Bishop of Dunblane, Lucas Striveling, Sir Wilham Striveling, and Margaret his wife (his own father and mother), and for the salvation of himself, his wife, and children — endowing the chaplain with a toft and croft of the land of Keir, lying under the town thereof, the lands of Schanrach and Wodland, parts of Glassingall, and an annualrent of forty shillings from the lands of Kippanerayt and the Mill of Strowe — to be held by the chaplain for performing divine service at the said altar ; and declaring, that the latter should forfeit bis office if he absented himself from his duty for two months, and that the right of patronage shoidd belong to the said William of Strive- ling and his heirs, if they presented a chaplain within two months after a vacancy. This endowment was much more ample than those usually made in favour of chaplains.4
1 MSS. Advocates' Library. Printed in illustra- 2 Nos. 41 and 43, pp. 239-241.
tions of the Reign of Queen Mary, &c. Maitland :) No. 45, p. 243. George and Malcolm Striveling
Club, p. 154. are witnesses to this sasine. 4 No. 46, p. 244.
SIR WILLIAM OF STRIVELING OF KEIR, 1471-1503. 23
On 1st March 1472, William Stirling of Keir granted a charter of his lands of Balquhomry to Mariot Fleming, his spouse, daughter to Eobert Lord Fleming, in liferent, and their children to be procreated, in fee.1
In 1473, he resigned, in the hands of James III. the lands of the Kere, Lupnoich, Glassingawis, Dachlewane, and Batherne-Strivelin, in the earl- dom of Stratherne, and the lands of Strowy in Perthshire ; and obtained a letter under the Privy Seal of the King, declaring them united to the barony of Keir.2
He granted a tack of the lands of Tullikettill to his neighbour, Humphrey Murray of Abercairney, which he was called on to warrant in 1485. 3
This Laird of Keir espoused the cause of the nobles, headed by Prince James, against King James III. Shortly before the battle of Sauchieburn, or as it was also called, the Field of Stirling, and after a skirmish with the Eoyal Forces, in which the Prince's party were unsuccessful, the Prince took refuge in the Tower of Keir, but he was driven out, and the place burned to the ground by his pursuers.
On 7th January 1488, soon after the accession of James IV., William Striveline resigned in the king's hands, the lands of Kere, the Tower and Place of Kere, the lands of Kippendavy, Glassingall, Strowe, Lupnoch, Eatherne-Strivling, Dachlewane, and an annualrent of 40s. out of Kippen- rate,4 and on the same day, a charter passed the Great Seal, by which the King, after narrating, that the Tower and Place of Kere had been burned by order of James III. when last at Striveling, by the instigation of his evil councillors, by which all the old writs and evidents relating to the said lands had been destroyed, erected all the said lands and others into a Barony, to be called the Barony of Keire, and to be held blanch for payment of a pair of gilt spurs at the Tower of Kere, on the feast of St. John the Baptist.5
When James IV. accepted the resignation of the barony of Kere for a new erection, he had knighted the Laird, for in the instrument he is styled William Striveling, and in the charter, Sir William.
1 Wigton Inventory Book, p. 65. Causes and Complaints, 1st March 1485, in Aber-
2 No. 48, p. 247. cairney Charter Chest.
3 Original Decreet of the Lords Auditors of * No. 61, p. 264. 5 No. 02, p. 205.
24 SIR WILLIAM OF STRIVELING OF KEIR, 1471-1503.
James IV. also granted, on 28th October 1488, £100 to ' Scliir Wilzeam ' of Stirling to the bigging of his place.' J
This grant of money, the erection of the barony of Keir, and the knight- hood, formed the recompence which Sir William Striveling received for his support of the cause of James IV. and for his losses at the hands of James III.
Sir William Striveling was engaged in the battle of Sauchieburn, and having been one of the three who were said to pursue the king from the field of battle, he has been accused of having been directly implicated in the murder of the king.
The accusation against Sir William Stirling is stated by Scott in his Tales of a Grandfather. He says — ' Who this murderer was has never been ' discovered, or whether he was really a priest or not. There were three ' persons, Lord Gray, Stirling of Keir, and one Borthwick a priest, observed ' to pursue the king closely, and it was supposed that one or other of them ' did the bloody deed.'
This statement is obviously taken from Buchanan, who says — ' There ' were three who pursued the king very closely in his flight, namely — Patrick ' Gray, the head of his family, Sterline of Ken, and a priest named Borth- ' wick; but it is not well known which of them gave him his mortal ' wound.'
While Buchanan, followed by Scott, names three persons who pursued the king, and from that circumstance suspects one or other of them as having done the deed, this is at variance with the earlier and more authentic history of Pitscottie,2 who accuses Lord Gray's servant alone.
Pitscottie's Chronicle was written about the year 1565. He was assisted in his work by the brother and successor of David Lord Lindsay of the Byres, who stood so stedfastly by James III. and j^resented him with the horse which carried him from the field of battle. If there had been any
1 Treasurer's Accounts 1488. In the same Trea- sand pounds for damage and skaith sustained by
surer's Account, there is entered a payment of £4, Sir William in the destruction and spuilzeing of
12s. to ' Jok of Striueling to mak greyth to the his place of the Kere, 3d July 1489. Acta Dom.
' Kingis Cross Bowis.' Sir William Stirling ob- Auditor, p. 130.
tained a decree by the Lords Auditors against Sir 2 History of Scotland by Robert Lindsay of Pits- Adam Murray, Knycht, to pay the sum of a thou- cottie, 3d Edition, p. 143.
SIR WILLIAM OF STRIVELING OF KEIR, 1471-1503. 25
suspicion or tradition that the Laird of Keir stabbed the king, Pitscottie and Lord Lindsay would not have failed to notice it in their chronicle, instead of attributing the act to the servant of Lord Gray.
On this evidence, Sir William Striveling might be cleared of the vague suspicion first thrown out by Buchanan about a century after the battle. But this is not the only evidence tending to exculpate the Laird of Keir of any part in the assassination of James III. There is an Act of Par- liament, almost contemporary with the event, which provides, ' be the ' command and advertisement of our sovereign lord the king,' that ' for ' the eschewing and ceasing of the heavy murmurs and noise of the people ' of the deid' (death) ' and slaughter of our sovereign lord's fader .... that the person or persons that put violent hands on his person, and ' slew him, are nocht punished,' a reward should be given to any who ' should make known those that were the overthrowers of the late king ' with their hands,' James IV. being ( maist desirous' that the ' perpetrators ' be known and punished after their demerits/ calling the murder an ' odious ' and cruel deed,' and a reward of 100 merks worth of land is offered for the discovery.1
If at the date of this Act, and previous to it, rumour had pointed to the Laird of Keir as the guilty person, the king would have been obliged to take cognizance of him, to satisfy the ' heavy murmurs and noise of the people.' But instead of this, James IV. conferred upon him repeated favours, and treated him in a manner which he could not have done had he been suspected of his father's murder, regarding which the king himself is said to have entertained keen remorse.
Abercromby in Ins Martial Atchievements, thus refers to the death of James III. e All that we certainly know of the matter is, that he was inhumanely murdered in a mill to which he had retired ; some say by the Lord Gray, Bobert Stirling of Keir, and Sir Andrew Borthwick, an unworthy priest. Fame, says Hawthornden, reporteth that the priest, after shriving, which I take to be hearing his confession, stabbed him with a dagger. But I much doubt whether one that was so wicked as to take away his life, would, especially in that haste and hurry, be
1 Acts of Parlt., ii. p. 230.
D
26 SIR WILLIAM OF STRIVELLKG OF KE1R, 1471-1503.
' capable of so much good, as to endeavour the salvation of his soul. ' They of the sirname of Stirling, which is certainly one of the most ' loyal in the kingdom, are very much dissatisfied that any of them should ' be thought guilty of such an infamous action as the murder of a king. ' They say that it was not Kobert, but one Sir William Stirling, who ' was Laird of Keir at the time. Nor are they of the sirname of Gray less ' offended upon the same account. And Ferrerius tells us expressly, that ' it was never known who those savage and furious rebels were that gave ' the blow to the Icing.'1
Ferrerius' History of Scotland was written about the same time as Pitscottie's. The evidence of these two early authors, coupled with the contemporary proceedings of James IV. and Sir William Striveling, seems to exculpate the latter from any direct participation in the mmder of James III.
On 28th February 1491, the ' Forspekkare' for Agnes Brois, widow of David Blare of Adamtoun, asked in presence of the Lords of Council a ' Not' that the procurator for the Laird of Keir answered to the allegation of George Lord Seton, that he had paid to the said Laird of Kere 312 merks for redemption of the lands of Monyvylouston and Kin wad : ' That ' the said soume was nocht payit in sufficient money, bot in blak money, ' nocht haffand corns for the tyme, gif ony money wes payit.' 2
On 14th July 1492, the Lords of Council ordained, that Sir William Striueling of the Kere, Knycht, as heir to umquhile Sir William Striui- ling, his father, should warrant ten pounds worth of the lands of Mony- vyloustoun, or other lands of equal value, to ' Agnes Brois and hir Banns.'3 ' Agnes the Bruce, Lady of Perston/ was again before the Lords of Council on 23rd November 1503, in an action against the same Sir William Striue- ling of the Keir, Knight, anent the avale and quantity of the lands of Moni- vyloustoun, which Agnes had recovered from Sir- William. In this action John Striueling was procurator for Agnes.4
Sir William married — 1st, in 1472, Mariot, daughter of Bobert Lord Fleming, s. p. ; 2nd, before 1495, Margaret Crichtoun, daughter of James
1 Abercromby, vol. ii. p. 477. 3 Acta Dom. Con., p. 254.
2 Acta Dom. Con., p. 215. 4 Ibid., 23d Novr. 1503, vol. xv.
SIR WILLIAM OF STRIVELING OF KEIE, 1471-1503. 27
Crichtoun of Ruthvendenny (afterwards the second wife s. p. of Sir John, first Lord SeinpiH), 1 and had by her —
1. Sir John, his heir.
2. William. ' Wikeame of Striueling, brother to Sir John Striueling ' of the Keir, Knycht,' is a witness to a contract between Sir John and John Kinross of Kippenross, dated 10th April 1516.2
3. Katherine Stirling, the second wife of Archibald, Earl of Angus, called ' Bell the Cat,' of which marriage was Sir Archibald Douglas, appointed Lord Treasurer in 1526, whom James V. at one time loved to call his ' Grey Steil ' (a hero of popular romance), the progenitor of the Douglases of Kilspindie. He was attainted and forfeited by Parliament on 5th September 1528, and retired into France ; but weary of exile, he returned to Scotland. He went to Stirling, and threw himself on Ms knees before the king, when returning from hunting, and implored permission to lead an obscure life in his native land. The king passed the suppliant without an answer, and rode briskly up the steep hill towards the castle. Kilspindie kept pace with the horse, in vain endeavoming to catch a glance from the implacable monarch. He sat down at the gate, wearied and exhausted, and asked for a draught of water, which was refused by the royal attendants. Re- turning into France, he died of a broken heart. His forfeiture was rescinded 15th March 1542, when Archibald Douglas of Kilspindie, his son and heir, was restored to his estates.3
Katherine Stirling had by Alexander, third Lord Home, Great Chamberlain, a natural son, John Home. On 11th June 1513, Lord Home granted a pre- cept for infefting her in liferent, and John Home, their son, and his heirs, in fee, in the lands of Innerallon, in the shire of Stirling.4 This grant was made on account of the great love and favour which Lord Home bore to the said Katherine Stirling and her son.
On 24th August 1541, Alexander, Master of Home, with consent of George, Lord Home, his father, and his curators, granted a charter to the said John Home, and his heirs, whom failing, to Andrew Home, broth er- german of the Master, and the heirs whomsoever of the latter, of the
1 Douglas Peerage. 3 Wood's Peerage, i. p. 435 and Minstrelsy of the
2 No. 97, p. 30fi. Border, I. xxi. ' No. 88, p. 296.
28 SIR WILLIAM STEIVELING OF KEIR. 1471-1503.
half of the lands of Innerallon ; 1 and on this charter John Home was infeft.
In 1557, the lands fell to the Crown on the death of John Home ; and Queen Mary granted a presentation in favour of James Striveling of Keir, and Janet Chisholme his wife, in joint fee, and the heirs of James, of the half of the lands of Innerallon, fallen in Her Majesty's hands by the death of John Home, therein designed of Hutounhall, a bastard, without lawful heirs of his body, or without making a disposition thereof in his lifetime,2 This presentation was made for the purpose of having the presentees entered to the lands by the superior, Alexander Lord Home, who refused to obey the same. He refused also to obey a third precept under the Quarter Seal, and a fourth precept was issued in 1570, directed to the sheriff of Stirling for expecting infeftment, in respect Lord Home had refused to do so. The sheriff accordingly infeft James Striveling and Janet Chisholme.
By charter dated 31st May 1574, James VI. with consent of the Kegent Morton, in respect of the services done by Alexander Home of Huttonhall, son of the said deceased John Home, in the by-past turbulent times, and in regard that the lands of Innerallon had belonged to the deceased Alexander, sometime Lord Hume, and then through his forfeiture to the Crown, the king granted to the said Alexander Home of Huttonhall (who was a natural son of the said John Home), and his heirs, the said lands of Innerallon.3 Soon after the date of this charter, an action of reduction of it was brought by the Laird of Keir, who entered into a contract in 1576 with Andrew, Commendator of Jedburgh, and the said Alexander Home, whereby they renounced their right in the lands to the Laird of Keir. The lands still form part of the Keir estate.
4. Elizabeth, married to Sir Adam Crichton of Kuthven. She died before 10th September 1503, without issue.
5. Janet, married to Sir* David Bruce of Clackmannan, and had a son, Kobert Bruce of Clackmannan.4
Sir William Stirling of Keir, Knight, died after 23rd November 1503,
1 No. 152, p. 365. 3 Keir Inventory, p. 70.
2 No. 188, p. 411. I Wood's Peerage, vol. i. p. 512.
SIR JOHN STRIVELING OF KEIB, 1503-1539. 29
on which date he was called in an action by Agnes the Bruce, anent the lands of Monivyloustoun, as already noticed.
XI. Sib John Striveling of Keir, Knight. [1503-1539.]
John Striveling, son and apparent heir of Sir Wil- liam Striveling of Keir, obtained on 18th May 1495, a charter from James IV. of the barony of Keir, on the resignation of Sir William, reserving his own life- rent, and the reasonable terce of Margaret Crichton his wife.1
When James IV. attained majority, he revoked all deeds done in his minority. As this revocation comprehended the erection of the barony of Keir in 1488, it seems to have been considered necessary to obtain a new charter of erection from the king. For this purpose, Sir Wil- liam resigned the barony in the hands of the king, who, on 10th September 1503, granted a charter thereof to Sir John Striveling (who had been knighted in the interval), son and apparent heir of Sir William, and his children to be born, whom failing, the one half of the barony of Keir to Katherine Striveling, Countess of Angus, his sister, and her heirs, and the other half to Sir Adam Crichton of Kuthvens, and the heirs of his marriage with the deceased Elizabeth Striveling, sister of Sir John, of the lands of Kere, with the tower and manor -place, corn and waulkmilns, and cruives thereof, the lands of Lupnow with fishings ; the lands of Strowe, Dawachlowan'e, Beterne- Striveline, otherways called Coygs of Strathalloune, Glassingallis, Schanrow, the Wester Coyg, Beirholme, the Little Coyg, the Waist Boffill, with the mill of Coygs and lands of Glentye, and advocation and donation of chaplainries and hermitage of Lupnow, newly erected into the barony of Kere.
In 1516, Sir John Striveling was sheriff of Perth, as appears from a discharge by him in that character to Gilbert Gray of Buttergask, dated 4th March 1516.3 In 1523, Sir John was one of the arbiters for the Earl and Master of Glencairn, in their dispute with the Earl and Master of
1 No. 64, p. 268. The seal of arms used by 2 Original Discharge at Kinfauns.
Sir John is shown in the above woodcut.
30 SIR JOHN STRIVELING OF KEIR, 1503-1539.
Egiinton concerning the Bailliary of Cunynghame, which were finally adjusted by the Regent Albany and others as oversrnen.1
Upon the death of James IV. Sir John Stirling of Keir was appointed, along with the Lords Erskine and Fleming, to the important office of keeping the person of the young king.3 He was a member of the Parliament of 1524, and was chosen one of the Lords of the Articles amongst the commissioners of burghs, which, together with the terms of the Minute of Parliament, ren- ders it not improbable that he was at that time provost of Stirling.3
On 21st June 1526, the Lords Temporal of Parliament directed summons of treason to be raised in due form against the Earl of Egiinton, the Lord Sempill, Neil of Montgomery, and John Striveling of the Keir, Knight.4
It woidd appear that Sir John Stirling had joined the party of the queen mother, in company with the lords of her faction, for he opposed the forces of Angus, Argyle, and Lennox, at Linlithgow, with whom was the young king in person with his ' baner displayit.' Sentence of forfeiture was pro- nounced against Sir John on 19th November 1526, for the crime of lese majesty, for convocation of the lieges to ' have tane the kingis person,' usurping his ' auctorite riall,' and for the treasonable convocation of the lieges at Stirling, moving the people to sedition, and for the raising and leading of a host and army ' enterand in batall and fechtand at the Burgh ' of Lynlithgw, our said Soverane Lord being present in propir persone, ' and his baner displayit ; and cuniand aganis his graice and his trew ' lordis and baronis, being with ln'm be command of his letterz for defen- ' cioun of his maist noble persone.'5
On the 4th September of the following year, the Laird of Keir is said to have accompanied Lennox in his attempt to rescue the young king from the hands of the Douglases ; and authorities, even contemporary with the event, erroneously assert, that he fell with Lennox at the passage of the Avon beside Linlithgow."
In Angus's Parliament, held at Edinburgh in May 1527, Keir was restored to liis estates and honours, and the sentence of forfeiture rescinded.7
1 Egiinton Papers. 5 Acta Pari. Scot., ii. 319.
2 Treasurer's Accounts 1515, .Inly 31, apud Pit- ° Archdeacon Magnus's Letter to Wolsey, 13th cairu. September 152G. Pitscottie. Leslie. Buchanan.
3 Acta Pari. Scot., ii. 289. ' Ibid., ii. 305, 307. ' Acta Pari. Scot., ii. 319.
SIR JOHN STRIVELING OF KEIR, 1503-1539. 31
This laird added largely to the family estates. Between 1517 and 1535, lie acquired the lands of Bardowy, Barnellane, Blarskeith, Easter Bankeir, Flowchart, Birdistown, Buquharrage, Kincaid, the patronage of the church of Bothornok, in the county of Dumbarton, Lanerick, and Auchinbee, Boqu- happle, Torry, Drungy, and the little ward of Gudy, Drunmess otherwise called G-lenbank, Wellcoig, Kippendavie, Brackland, Blackford alias Black- sauche, Greenyards, Calliemuck, and others, in the county of Perth ; Touck- adam and others, in the county of Stirling ; Balcarres,1 Balquhoinery, and others, in the county of Fife ; Duffous, Pittindreich, Caldcottis, Darkle, Levingshaws, and half of the lands of Swinstoun, in the shire of Elgin.
By charter dated 2nd October 1509, Sir John Striveling, for the safety of the soul of James IV. and of Margaret his queen, and their predecessors and successors, and for the safety of the souls of Lucas Striveling, and of Sir William Striveling and Margaret Cunynghame, grandfather and grand- mother of Sir John, and of the souls of Sir William Striveling and Mar- garet Crichtoun, Lady Sympill, his father and mother, and Katharine Strive- ling, Countess of Anguss, his sister, and for the safety of the souls of himself and his wife, and their predecessors and successors ; granted to God and the Virgin Mary, and all the Saints, and to the altar of the Vir- gin, situated in the north part of the cathedral church of Dumblane, an annualrent of £20 Scots from the lands of Shanraw, Wodland, and Kippen- rate, and mills of Strowy and Keir, to be held for performing of mass and prayer at the said altar. The chaplains were to reside constantly in Dum- blane, and to forfeit their office in case of their absence for two months, and the right of patronage was to be in the said Margaret Crichton during her life, and thereafter in Sir John Striveling and his heirs.3
An adventure which was undertaken by Sir John on behalf of his uncle, Lukas Stirling, in the year 1517, against William Meldrum, Laird of Binns, popularly known as ' Squire Meldruni,' deserves special notice, since it has all the characteristics of a striking romance.
The circumstances attending this affair, have been recorded both in prose and verse, by two Lindsays — the one the well-known chronicler of Pitscottie,
1 His father, Sir William, was tenant of the Crown 2 No. 82, p. 289.
lands of half of Balkerras. Act. Dom. Concilii, 206.
32 S1E JOHN STRIVELING OF KEIK, 1503-1539.
and the other Sir David Lindsay of the Mount, in his still popular poem of ' Squire Meldrum.'
' Thair was/ says Pitscottie, ' ane gentleman in Edinburgh, namit William ■ Meldrum, Laird of Bines,1 who had in company with him ane fair fair ladie, 1 called the ladie Gleneagies, who was ane dochter to Mr. Richard Lawsone ' of Hmnby, Proveist of Edinburgh, the quhilk ladie had borne tua bairnes ' to the said Laird, and (he) intended to marie hir if he might purchase ' the Pope's license, because her husband before and he were sib. Notwith- ' standing, ane gentleman called Luke or Luis Stirling, invyed the love and ' marriage betwixt thir tuo personages, thinkand to have the gentlewoman ' in marriage to himself, becaus he knew the Laird of Bines might not ' have hir richtlie be the Pope's lawis. Therefoir he solisted his brother ' sone, the Laird of Keir, with ane certane companie of armed men, to set ' vpoun the Laird of Bines to tak his ladie from him be way of deid ; ' and to that effect followed him betuixt Leith and Edinburgh, and set on ' him beneath the Eeid ' (Holyrood) ' Chappell, with fyftie armed men, ' and he againe defendit himselff with hue in number, and fought with ' him, and slew the Laird of Keire's principal servand before his face, de- ' fending himself, and hurt the Laird of Keir to the perrill of his life, and ' twentie sax of his men hurt and slaine. Bot this William Meldrum of ' Bines was evil martyred, for his hochis war cutted, and the knoppis of his ' elbowis war strikin off, and was strikin throw the bodie, so thair was no signe 1 of lyff in him. Titt be the mightie power of God, he eschaped the death ' and all his men that were with him, and leived fyftie yeires thairefter.'2
This affair took place in the year 1517, during the Kegency of the Duke of Albany, and when he was absent in France, Monsieur Delabatie was left in charge of affairs in Scotland, having a guard of fourscore French Hag- butteers at Holyrood. Word was sent to Delabatie that Laird Meldrurn was slain, and his proceedings are recorded by Pitscottie : i He incontinently gart ' strike an alarm, and blew his trumpets, and rang the common bell, com-
1 ' This does not appeal- to have been the * Kinross, though at that time in Fife, and are
' property situated in the county of Linlith- ' presently the property of Admiral Adam of
' goiT, now belonging to the family of Dalyiell; ' Blairadam.' Liber S. Katherine Senensis, Pre-
' but the lands or ' Temple ' lands of Binn or ' face, 1841.
' Binns, which are also now in the county of 2 Pitscottie, Edition 1728-1778 and 1814.
SIR JOHN STRIYELING OF KEIR, 1503-1539. 33
: manding all men to follow him, both, on foot and horse, that he might ' revenge the said slaughter ; and rushed fiercely forward to the place where ' the battle was stricken, and saw this nobleman lying deadly wounded, and ' his men about him in this same manner ; and past fiercely after the ' enemies and committers of the said crime, and overhyed them at Linlith- ' gow, where they took the peel upon their heads to be their safeguard, ' thinking to defend themselves therein ; notwithstanding, this noble Eegent ' lap manfully about the house, and sieged it continually, till they rendered ' the same to come in his will ; who took them and brought them to Edin- 1 burgh, and gave them a fair assize ; who were all convicted and condemned • of the said crime, and thereafter were put in the Castle of Edinburgh, in ' sure keeping, induring the Regent's will.' l
Graphic as the language of Pitscottie is, his prose account of the skirmish between the Stirlings and Squire Meldrum, is perhaps surpassed by his kinsman of the Mount, in his celebrated Poem of ' Squyer Meldrum/ which was composed about the year 1550.
' Gude Williame Meldrum he was namit
' Quliilk in bis honour was never defarait,' &c.'1
In justification, so far, of Sir John Stirling's conduct to Squire Meldrum, it is not too much to suppose, that the Lady of Gleneagles and Luke Stirling- may have been engaged to be married at the time that the Squire made his fatal appearance at Gleneagles Castle, and overcame the heart and virtue of the Lady by his fame and superior address. ' Scotland existing under an ' anarchical minority, furnished such a Squyer many a field, both for the ' conflicts of war and the dalliances of love. His concluding adventure, in ' both, happened on the road from Edinburgh to Leith, in August 1517, ' when jealousy and hatred in the person of Stirling of Keir, marched out ' with fifty men, to cut off his retreat to Fife.' 3
1 Poor Delabatie was soon afterwards murdered ' head, and took it with them. And because his by the Homes of YVedderbum, in revenge for the ' hair was long, like women's, and plat on a head- execution of the chief of the Homes by Albany. In ' lace, David Home of Wedderburn knit it on his the encounter between the Homes and Delabatie, ' saddle-bow.' Pitscottie, p. 201. Edinburgh, 1778. Pitscottie records, that ' he being a stranger, and 2 Poetical Works of Sir David Lindsay of the ' knew not the gate, ran his horse into a flow moss, Mount. Edited by George Chalmers. London, 1806, ' where he could not get out till his enemies came vol. ii. p. 312. ' upon him, and there murdered him, and cut off his 3 Note by Chalmers to Lindsay's Squire Meldrum.
E
34 SIR JOHN STRIVELING OF KEIR, 1503-1539.
Sir John Stirling could have had no ground for jealousy and hatred, unless on account of rivalry in love on the part of his uncle Luke, who may have been unceremoniously supplanted at Gleneagles by the Squire, who, in his turn, met with a hard retribution.1
Sir William Stirling contracted, on 30th March 1501, with Sir Patrick Hume of Polwarth, Knight, who had also espoused the cause of James IV. against his father, and got a grant of Argaty, and other lands, situated near Keir, that John Stirling, son of Sir William, should many Sir Patrick's eldest daughter, Margaret, and failing her, Sibbale or another sister, ' so long ' as the said Sir Patrick has a lawful daughter remaining, till once the said ' marriage be completed.'3 John Stirling and the daughters of Polwarth appear to have then been under age, and even in childhood, for the contract provides, that the marriage shall be completed at the lawful age of the said bairns, the male being 14 years and the female 12 years of age. This con- templated marriage did not take place, as John Stirling married before 13th July 1513, Margaret, daughter of Sir Walter Forrester of the Torwood.3 She was alive on 25th April 1532,* and had issue —
1. Sir James, his heir.
2. William Stryveling of Dallachlewn, ancestor of the Stirrings of Ardoch, an account of whom will be found at page 115.
3. Lucas.
4. Catherine. She was probably married to George Mushet of Tolgart, whose son, James Mushet of Tolgart, a minor in 1566, mentions Sir James Stirling of Keir, Knight, and William Stirling of Ardoch his mother's brother.5 If Catherine was not the mother of James Mushet, a sister of hers, whose Christian name has not been ascertained, must have been so.
5. Margaret. She was married to Walter Graham, who granted, on 30th April 1556, an obligation anent the lands of Brokland, which had been dis-
1 Marion Lawson, relict of John Haldane of Glen- appears that she and her husband were infeft in the
eagles, who was killed at Flodden, survived him barony of Haldane on 23rd April 1513, about which
for the long period of forty years — her death having time their marriage had probably taken place,
occurred in July 1553. [Register of Acts and De- 2 No. 68, p. 272.
creets by the Lords of Session, 13th December 1555, 3 Keir Inventory, p. 25.
vol. xii.]. Marion must have been a young woman 4 Ibid., p. 19.
as well as young widow, when first visited by Squire 6 Ardoch Writs, per George Home Drummond,
Meldrum in 1615. From the Gleneagles Papers, it Esquire, younger of Blairdrummond.
SIR JAMES STRIVELING OF KEIR AND CAWDER, 1539-1588. 35
poned, redeemably, by James Stirling of Keir to Walter Graham and Mar- garet Stryveling, liis wife, ' sister of the said James.' 1
Sir John was one of the inquest which tried John Lord Glammis for concealing his mother's conspiracy against the King's life by poison.2
On 18th December 1538, a Letter of Gift was made by King James V. to Sir John Striveling of the Keir, Knicht, of the goods, &c, ' which per- ' tenit to urnquhile Colin Campbell of Auchinhowie, justifyit for art and ' part of the cruell slauchteris of umquhile Alane Hammyltoune of Bardowie, ' Kobert Striveling of Lettir, and Andro Striveling in Ballindrocht.' 3
Sir John was alive on 22nd May 1539,4 but he died before 5th November following.5 It appears that he was slain between these dates, for on 4th November 1542, David Schaw and George Dreghorn had a respite under the Privy Seal ' for the slauchter of urnquhile Johnne Strivilling of Keir, ' Knycht;'0 but the cause or occasion of the slaughter is not mentioned in the respite.7 It is stated in Squire Meldrum, that Sir John was slain at the Bridge of Stirling —
' Bot efterward, as I hard say, ' On Striviling brig upon ane day 1 This Knight was slain with crueltie, ' And that day gate na mair mereie ' Nor he gaif to the young squyer.'8
XII. Sir James Striveling of Keir and Cawder, Knight.
[1539-1588.]
James, the eldest son of Sir John, was served heir to his father. He was infeft in the barony of Keir on the 5th of November 1539, and in the lands of Innerallon on the 30th of August 1544.° His curators, on the last of
1 Original at Keir. Sir John Striveling of Keir ' sinating Buchanan of Leny, whose daughters, had a natural son, John, who witnessed a sasine ' co-heiresses, he had stript of a great part of their in favour of James of Keir, dated 14th January ' estate.' [Drumpellier, printed Claim, p. 21, Note.] 1541 (at Keir). This appears to be a very partial account of the
2 Pitcairn, p. 198.* 3 Ibid., p.* 251. slaughter of Sir John Stirling. There was a pre-
4 No. 148, p. 361. vious feud with the Campbells of Auchinhowie, in
5 Sasine in favour of James Striveling, his son, which Allan Hamilton of Bardowie, Andrew Strivc- at Keir. 6 Regist. Secreti Sigilli, vol. xvii. lyng of Bankeir, and Robert Strivelyng in Cawder
7 He was murdered by Shaw of Cambusmore, were slain. [Ibid., p. 20.] near Stirling, in a fit of compunction, ' for having 8 Squire Meldrum.
' been the unworthy instrument of Keir in assas- n Instruments of Sasine at Keir.
36
SIR JAMES STKIVELING
November 1541, were Mr. Abraham Crichton, Parson of Craufurdjolm, and Alexander Crichton, Vicar of Innerwik.1
Sir James Stirling acquired the lands of Lany, Pitquhantrie and Balm}de, in the sheriffdom of Perth, Ballindroch, Bankell, and others, in the sheriffdom of Stirling, and Laidurqukart and others, in the shire of Fife.
In 1522, Sir John Stirling of Keir purchased from the Archbishop of Glasgow, for 2500 merks, the mar- riage of Janet Striviling, daughter and heiress of the deceased Andrew Striviling of Cawder, with the ward of her lands of Cawder, and the mill thereof, lying in the regality of Glasgow.2 In 1529, Sir John had a Crown gift of the marriage.3
Janet Striviling was infeft as heiress of her father in 1534, and soon married James Stirling, eldest son of Sir John.
This marriage was a favourable one for the Keir family, as through it they acquired the valuable estate of Cawder, which has ever since been united with Keir. But the parties seem to have been ill assorted, for soon after the mar- riage, questions arose in the civil court between the heiress and her father- in-law regarding the alienation of the estate, and at the end of seven years, the marriage was annulled, chiefly through the dishonour of the heiress.
On 8th July 1535, Janet brought an action in the civil court against her father-in-law and her husband, setting forth, that the former, having her marriage, and the disposition of her ward lands, ' causit ane pretendit matri- ' mony to be maid betuix the said James and hir, and sensyne the said ' Johnne hes haldin and as yit haldis her in subjection, and will nocht suffir ' her to speik with hir friendis, and hes compellit hir to mak diners aliena- ' tiounis and takkis of hir lands.' The Lords of Council ordered Sir John and James to ' bring and produce the said Jonet before the Lordis, that sche ' may shew hir rnynd to theim in the premises/ and that all alienations made by her in the meantime should be null.4
This judicial injunction continued in force till the year 1541, when the
1 No. 1.55, p. 372.
2 Nos. 100 and 106, pp. 318, 310.
: No. 1 19, p. 332. The above woodcut repre-
sents the seal of arms used by Sir James Stirling in 1551. 4 Acta Dom. Concilii ct Sessionis, vol. vi. fol. 16.5.
OF KEIR AND CAWDER, 1539-1588. 37
arrangements effected for the conveyance of Cawcler to her husband, and their divorce, rendered it necessary that the heiress should personally compear in the Court of Session to have the first decree recalled. This she did on the 29th July 1541, when she declared that she did so of her ' awin free motive ' will/ that she had been and was at free liberty, and desired the said decree to be null, that she might dispone her lands at pleasure, as other heritors did, ' and that I am nocht compellit hereto, of the quhilk I geif my bodily aith.' 1
This was preparatory to her alienation of Cawder ; and on the 7th of Decem- ber following, Janet Striveling again appeared before the Lords of Council, and produced a writing, setting forth that she had named certain procurators for resigning her lands to James Striveling, her husband, and his heirs ; and which procuratory she declared ' now in presens of your Lordships be my ' grett aith that the samin was maid be me of my awin fre motiue will and ' certain science, vncompellit, coactit, dissauit, or circumvenit be my said spous, ' or ony vtheris, hot onlie for the wele and proffeit of my said spous, and his ' hous, and for augmentatioun of the leving thairof, becaus it is the principale ' and cheif hous of his and myne surnamis, and ane grett part of the auld ' heretage and leving of Keir annalyit and put away, swa that the samin was ' liklie to haif dekeit ; and als for the luif and favour I haif and here to my ' said spous ; and thairfor now instantlie, in presens of zour Lordships, of my ' awin fre will, vncompellit as said is, ratifeis, appruvis, and confermis the ' saidis letteris of procuratorie in all poyntis.' 3
The subsequent judicial proceedings connected with the resignation of Cawcler, together with the resignation itself, are printed among the Charters.3
The divorce of Janet and James Striveling, which is referred to in these judicial proceedings as in contemplation, was pronounced by the Official of Lothian on the last of January 1541.4 The grounds of divorce set forth were, that the parties were related in the fourth and fourth degrees of consanguinity, that is, that they were the great-great-grandchildren of a common ancestor.
This relationship could not have been traced through males, as no such de- gree of consanguinity existed between the parties. But as the mother of Janet was Marjory Cuninghame, and the great-grandmother of James was Mar-
1 Acta Dom. Concilii et Sessionis, vol. xvi. 2 No. 153, p. 367. 3 Nos. island 155, pp. 308, 372.
fol. 82. * No. 157, p. 374.
38 SIR JAMES STRIVELLNG
garet Cuninghame, it is probable that these two ladies were descended from a Cuninghame ancestor common to them both. Hence James and Janet would stand in the relationship to each other by affinity, and not of consan- guinity, which is stated as the ground of divorce, although Janet was a degree further removed from the supposed common ancestor than James.
But the relationship between the parties, whether it was of consangui- nity or affinity, and whether real or pretended, was only a pretext for dis- solving the marriage, from which both parties perhaps wished to be free. Janet Stirling had been unfaithful to her husband. Her paramour was Thomas Bischop, who is said to have been originally a tailor, and a servant of Keir. If a separation had been craved by her husband on account of her crime, the marriage would still have subsisted as a bar to a subsequent mar- riage. To annul the marriage effectually, recourse was had to the common plea of consanguinity, and thus the marriage being declared null, each party was free to contract another marriage, which they did.
James Stirling was infeft in the lands of Cawder on a charter1 and pre- cept by the Archbishop of Glasgow, on 14th January 1541, and the decree of divorce was pronounced on the 31st of that month.
In the following month, James Stirling granted a disposition and assig- nation, whereby, for certain sums of money paid to him by Thomas Bischop his servitor, and ' spouse affidate' of the said Janet Striviling, and for his help and labour in soliciting and furthering the conveyance made by her of her heri- tage to the said James Striviling, he assigned to Bischop the marriage of the said Janet Striviling, and became bound to dispone redeemably the lands of Uchiltree to them in joint fee, with some smaller provisions ; as also, to do his diligence for getting a remission from the king for the said Thomas, for ' his alleged lying with the said Janet,' while she was the said James's wife. Of the divorced lady little more is known. She was alive in 1588.2 Her paramour is more easily traced ; he acted the parts of a notary public, and a traitor to his country, having given assistance to the English, and gone
1 No. 156, p. 373. ' First she was Lady Cawder,
2 No. 199, p. 425. This Lady seems to have met ' Syne she was Lady Keir. treatment which was to be expected from her second ' And syne she was Tam Bishop's wife, husband. A rhyme is still preserved descriptive of ' Wha clippit wi' the shear.'
her fortunes : —
OF KEIR AND CAWDER, 1539-15S8. 39
with his wife to England, as a spy and instrument there in the transactions of Lennox and Queen Mary.1 He was afterwards a trader at Yarmouth, and finally an adulterer at Perth, where he found means to sojourn.2
In 1568, Bishop was cast into the Tower of London for his supposed author- ship of, or connection with, a spirited satirical ryhme against the Regent Mur- ray. This poem is signed hy ' Tom Trouth ; ' and in Bishop's judicial exa- mination, he was asked, : what part did yourself make or minister to the ' makers of the hook against the Erie of Murray?'3 His reply is not given.
On the forfeiture of Bischop, Sir James Stirling reacquired Ochiltree from the Crown donator.
In the year following Ms divorce, James Stirling of Keir entered into a contract of marriage with James Chishohn of Grlassingall, and Jean Chishohne, ' cousigness ' to William (Chisholm) Bishop of Dunblane, whereby it is agreed that James Chisholm should, on his own expenses, procure a dispensation for third degrees of consanguinity, and fourth of affinity, subsist- ing between James Striveling and Jean Cheisholme. And that thereafter James Striveling should infeft Jean in her virginity in his £20 lands of old extent of Cawder, for her lifetime, and the heirs to be gotten between them : whom failing, to the said James's heirs ; and that he should there- after solemnize marriage with her ; for which James Cheisholme agreed to pay James Striveling the sum of £1000 Scots.4
Although Jean Chisholm was called a cousin of the Bishop, she was truly his daughter, according to the author of the genealogy of the Drum- monds, who says, ' William, Bishop of Dunblane had diverse natural
1 Queen Mary, on 28tli March 1517, renewed a [Stevenson's Illustrations of the Eeign of Queen
licence to her lovit Janet Striveling, spouse of Mary. Maitland Miscellany, vol. i. p. 101.] Miss
Thomas Bischop, to remain with her husband in the Strickland thinks that this was the first time Mary's
parts of England for twenty days, notwithstand- attention was called to her youthful kinsman's exis-
ing the wars, and ratified all rights made or to be tence. [Life of Queen Mary, vol. iii. p. 54.]
made to the said Janet Striveling since her de- 2 Riddell on Peerage and Consistorial Law, p.
parture, and during the currency of the licence 413. 'About this same tyme, 1544, Lennox, seinng
(No. 173, p. 395.) In 1555, Bishop wrote the English ' himself so farr out stripit by the Regent and his
Secretary of State, that ' One Elder, a Scotchman' ' tuo cheiffe supports, Angus and Maxswoll, detain-
(who was Lord Darnley's tutor) ' hath been with me. ' ed closse prisoners ; he turns his coate, and sendes
He told me he had letters from my Lord Aubigny ' one Thomas Bischope priuiley to Henrey, the
to my Lord Lennox, my Lord Darnley, and as I ' Englishe king, with offers to assist the King in
' think to my Lady.' Elder said, ' he showed the ' his demands.' [Balfour's Annals, vol. i. p. 280.]
' Queen of Scots, in France, my Lord Darnley's 3 Chalmers' Memoirs of the Regent. Murray.
' hand which he wrote being eight years of age.' 4 No. ICO, p. 378.
40 SIR JAMES STRIYELING
' children, according to the custom of the clergy in those dayes. Jean ' Ckeesholm, his daughter, begotten upon Lady Jean Grahame, daughter ' to William, Earle of Montrose, was married to Sir James Sterline of ' Keer, and had to him Sir Archibald Sterline of Keer, and James Sterline, ' his brother, killed in Dunblane by George Sinclair; and also daughters, ' to wit, Elspet Sterline Lady Marchiston, Helen Sterline Lady Duntreath, ' Barbara Sterline Lady Polmaise, Margaret Sterline Lady Houstoune.' 1
On 3rd November 1570, Sir James Stirling granted at Kincardine a bond of manrent to John Master of Graham.2
Sir James and Mr. John Graham 3 held a court of justice at Edinburgh, on 1st June 1581, in terms of a Commission from King James VI. and his Privy Council, for the trial of James, Earl of Morton, for Darnley's murder.4 He pronounced the sentence of death on Morton.
Sir James died at Cawder on 3rd February 1588. His will was made on the 4th September in the same year, by which he appoints his wife and son Archi- bald his executors. He ordains them to plenish the half land given to his son James, and to build him a reasonable house, either in Kippendavie or Lanerk, and plenish it well. He prays Archibald to live with his mother and use her council, for she is his loving friend. He ordains the securities made to his son John to remain with his mother while she lives, and then to be delivered to Archibald: for it is reasonable John be sustained. He leaves all effects that belong to his wife in liferent, to Archibald in fee, except what his wife pleases to leave to their daughter Margaret, or other friends, at her discretion : he leaves the helping of servants and poor friends to the discretion of his wife and his son Archibald : and as to the council and company Archibald should use, he refers that to Iris own wisdom, for he hopes in his judgment : he of new makes his son Archibald assignee to all his reversions of wadsets, as if he were his eldest son and heir : he ordains his son James to wait well on his brother Archibald, and to be a good ser- vant to him, and both of them to be good and kind sons to their mother, and James to marry with consent of his mother and brother : which if they do, he doubts not but God would assist them with his holy Spirit, that they might live together in love, upright to God, true to the prince, and kind
1 Genealogy of the Drummonds, p. 179. 3 Of Halyards, as appears from another trial.
- Montrose Writs. J Pitcairn, i. 111.
OF KEIR AND CAWDER, 153y-15S8. 41
to their friends : and he leaves his blessing with them, and all his bairns, oyis (grandchildren), and friends.1
Sir James' issue by his first marriage with the Lady of Oawder was one son —
XIII. John Stirling of Bankeir.
[1535-1597.]
John Stirling received from his father the estate of Bankeir, in the parish of Baldernock and shire of Stirling. John Striveling of Bankeir, son of Sir James, witnessed an obligation by James Striveling of Feddals to Sir James, on 18th October 1582.
On 16th February 1592, a commission was granted, under the Quarter Seal, for serving John Stirling, eldest son of the deceased Sir James Stirling of Keir, heir of his father, in the lands belonging to him in Perthshire. On 18th April 1593, John Stirling had sasine of the lands of Auchinbee, in Stratherne, on a precept from Chancery, as heir of Sir James his father.
On 4th May 1597, John Stirling of Wester Bankeir, and Margaret Colquhoun, his wife, entered into an agreement with Sir Archibald Stir- ling of Keir, and Dame Grizel Boss, his wife, whereby John and his wife became obliged to dispone to Sir Archibald and his wife in liferent, and William Stirling their son, and his heirs and assignees in fee, the lands of Wester Bankeir, and also to renounce an annuity of 40 rnerks, payable to the said John during his lifetime, out of the lands of Cawder: for which Sir Archibald and his lady obliged themselves to pay John the sum of 5000 merks, and also to cause the tenants of the ten towns of Cawder, Ballin- droch, Haystoun, and Blaquharne, carry every town a dozen of leads of coals yearly to the said John and his wife, at their lodging in Glasgow, from any heugh in Campsy, or other heugh within four miles of Glasgow.2
It is presumed that John Stirling died without issue, as no trace has been found of any descendant from him.3
Sir James Stirling's issue by his second wife, Jean Chisholm, was —
1 No. 199, p. 425. Stirling of Drumpellier from the Lord Lyon in 1818,
2 No. 203, p. 434. it is stated that the issue of the heiress of Cawder
3 In the Patent of Arms obtained by Andrew foiled.
F
42 SIR JAMES STRIYELING
1. Archibald his successor.1
2. James : By disposition dated at the Keir, the 20th of December 1574,2 Sir James Striuiling of Keif, as patron of the chaplanry or altarage in the cathedral kirk of Dunblane, granted to James Striuiling his son, the said chaplanry with all lands, rents and emoluments thereof, to be possessed by James ' for support of his enterteinment at the Sculis.' The chaplanry was vacant in consequence of Sir William Blackwood, the last chaplain, not compearing to conform to the reformed religion. In an assignation dated 27th December 1587, by William- Synclare and Elizaheth Striviling his wife, in favour of this James Striviling, he is called Fiar of Kippendavy, and third lawful son of Sir James. James Striviling was killed at Dunblane by William Sinclair of Galwadmoir, in a quarrel about the right of property in Auchinbee, in the parish of Dunblane. Sinclair, founding on an in- feftment of feu-farm of the lands, granted to him by the king, as part of the temporality of the bishopric of Dunblane, attempted to dispossess James Stirling by force, and in a scuffle which ensued on 3rd June 1593, Sinclair and Edward and George his sons were slain, and a third severely wounded. On the 5th July following, Sir Archibald, with his servant and two other persons, were ordained to be denounced rebels for non-appearance to answer touching the slaughter of William Sinclair and his sons, but in a few years the feud was staunched, and on 8th April 1596,3 the Sinclairs finally gave up then claim to the land by a contract, to which Keir was a party.
3. Margaret married Sir John Houston of that ilk. They had a Crown- charter of Houstoun and other lands on 27th June 1609.4 He died in the same year, leaving issue.5
4. Elizabeth, Lady Merchieston. On 28th September 1563, William, Bishop of Dunblane, and Elizabeth, daughter of James Striviling of Keir, renounced in his favour the lands of Strowie-Striveling, called Strowiehill.6
1 In a Charter by Ludovick, Duke of Lennox, 2 No. 196, p. 423.
dated 20th March 1586, of the lands of Lettir, 3 No. 202, p. 432.
Archibald is called second son of Sir James. 4 Great Seal Record, Lib. xlv. No. 331.
On the 23rd May 1588, Schir James Strivelinge 5 Crawford's History of Renfrewshire, p. 104,
of Keir, Knycht, Jeane Chesholme his spouse, and Edition 1782.
Archibald Strivelinge their son and appearand heir, 6 Renunciation at Keir. Sir James had also two
«ere infeft in the five-pound land of Eister Cadcr. ' fow-begotten' (natural) daughters— ' Helen Stry-
fProtocol Book of Robert Blair, notary public, in ' veling, daughter fow-begotten of the said James
I he Library of Glasgow University.] ' Slry veling,' with consent of Mr. James Kennedy,
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OF KEIK AND CAWDER, 1539-1588.
43
Sir James Stirling granted on 29th June 1567, a charter to Elizabeth, his daughter, of the lands of Wellcoig and Westercoig, and an annualrent of 40 merks each out of Auld Keir and Camiebank. There is an instrument of renunciation, dated 16th February 1571, on the back of that charter, by Elizabeth and her tutor (which shows that she was then under age), of the said lands and annualrents to Sir James, because he had become obliged to pay to Archibald Napier of Merchistoun, in consideration of the marriage to be solemnized between her and John Napier, his son and heir apparent, the sum of 3000 merks in name of tocher, as mentioned in their marriage- contract, dated in December 1571, and also because her said father had expended other great sums for her utility.1 She was married to John Napier of Merchistoun, the inventor of Logarithms. The marriage is thus noticed in the Memoirs of Napier — ' The contract of marriage between John Naper, son ' of Archibald Naper of Edinkinbillie, Knycht, and Elizabeth Striveling, ' daughter of the Kycht Honorabill Sir James Striveling of Keir, Knycht, and ' Jane Chisholm, his spouse, is dated 23rd ' February 1571-2. The marriage did not ' take place till towards the close of the fol- ' lowing year. Sir James Striveling of Keir, ' already noticed as the colleague of Sir Ar- ' chibald Napier, in the office of Justice ' Depute, and who was knighted at the same ' time, represented one of the oldest and most ' respectable baronial families in Scotland. ' His place of ' The Keir,' celebrated both 1 in history and song, joined the Napier ' estates in the Monteith, and was finely ' situated for astronomical purposes.'2
Chancellor of Dunblane, her tutor, and William, Bishop of Dunblane, granted a reversion to the said James Stryveling of the lands of Beirholme, in the barony of Keir, 1552. [Keir Writs.] Helen mar- ried Sir James Edmonston of Duntreath. They had two sons and four daughters. [Duntreath Genealogy, p. 11.]
' Jean Stryveling, daughter fow-begotten of the
' said James Stryveling,' with consent of Robert Leirmonth, her tutor, and William, Bishop of Dun- blane, granted a reversion to the said James Strive- ling of the lands of Kippendavy, 1554, [Keir Writs.]
1 Keir Writs.
2 Life of Napier of Merchieston, p. 120. The above woodcut represents the seal of arms used by Sir James Stirling in 1579.
44
SIR JAMES STRIVELING OF KEIR AND CAWDER, 1539-1588.
This was not the earliest alliance between the families of Napier and Stirling. At the Wright's Houses, near Edinburgh, which was for a long- period a well-known residence of the Napiers, there is still preserved a stone, with the armorial bearings, which appears to record a marriage between a Napier and a Stirling as early as 1399. The shield is of the florid form, and impaled on the dexter side with the arms of Napier, on a Bend a Orescent between two Mollets, with the initials A. N, for A. Napier of Wrychtishonsis, and on the sinister side, a Bend charged either with three Buckles or three Annulets, and in the sinister chief point a Unicorn's head. Below, the initials I. S., evidently for a lady named I. Stirling, if the bearing on the bend is buckles. Motto — ' Constantia et labore, 1399.' ] Subjoined is an engraving of this armorial stone.
1 This stone ' is evidently very old, though sure- ly not contemporary with the date carved upon it. The use of Arabic numerals in Scotland can scarcely be referred to a period so early (a test genealogical antiquaries sometimes overlook), and probably the stone is merely commemorative of an
' alliance proved by other records of the family then ' existing.' The marriage supposed to be thus commemorated, is that of the successor of William Napier, Constable of Edinburgh Castle, who ac- quired Wrightshouses in 1390. [Partition of the Lennox by Mark Napier, Esq., pp. 183-4.]
SIR ARCHIBALD STIRLING OF KEIR, 1588-1630. 45
CHAPTER III.
[1588-1715.]
FROM SIR ARCHIBALD STIRLING, SON OF SIR JAMES, TO JAMES STIRLING, WHO FORFEITED THE ESTATES IN 1715.
XIII. 2. Sir Archibald Stirling of Keir and Cawder, Knight.
[1588-1630.]
By charter dated 15th September 1579, Sir James Stirling disponed the ba- rony of Keir to Iris son Archibald. This charter was confirmed by James VI. on the following day ; and in the same year Archibald was also infeft in Cawder on the resignation of his father. Sir Archibald was knighted between 12th October 1587 and 7th June 1592.
By commission from King James VI. dated 22nd July 1601, Sir Archi- bald was appointed Admiral Depute of the West Seas and Lochs, ' at the ' float and tak of the herring in the year 1601.'
On 10th January 1606, he was one of the assise who tried Mr. John Welsh, and the other four clergymen who declined the jurisdiction of the Privy Council, for which they were found guilty of treason and banished.
He married — 1st, Mary, youngest daughter of David, second Lord Druni- mond ; and 2dly, contract dated 18th March 1589, Grizell, daughter of James Lord Eoss, and Jane his wife, eldest daughter of Kobert Lord Sempill.
By his first "wife he had a son and a daughter —
1. James, his eldest son.
By his second wife, Sir Archibald had five sons and a daughter.
2. John of Garden, who carried on the line of the family.
3. William, who had the ward and nonentry of the lands of Bankell, in the parish of Baldernock, from John Earl of Mar, by disposition dated 14th July 1614. He had a son — William of Bankell, who died before 31st October 1654, without issue, and was succeeded by his cousin John Stirling (son of Henry, fifth son of Sir Archibald Stirling of Keir), who was served heir to William of that date. John Stirling of Bankell, as ' air servit and retourit to vmquhile Williame Stirling of Bankell, who was air of umquhile William
46 SIR ARCHIBALD STIRLING OF KEIR, 1588-1630.
' Sterling of Bankell, his father, third lawful sone to urnquhile Sir Archibald ' Stirling of Keir, Knight, my gudeshire,' granted a discharge of a tack of the teinds of Baldernock to Sir George Stirling of Keir, dated 28th January 1662.1
4. Archibald, who acquired from his father the lands of Kippendavie in 1594, and was the first of that branch of the Keir family.2
5. Henry. He witnessed the contract of marriage between Sir George Stir- ling of Keir and Dame Margaret Boss, dated December 1630. On 8th June 1631, he assigned to Sir George the plenishing on Wellcoigs, &c.3 Henry had two sons — John, who succeeded William Stirling of Bankell, his cousin, and was served ' heir of William Stirling of Bankell, his father brother's son, in the lands of Wester Bankeir alias Bankeir-Stirling.'4 John married, before 7th February 1661, Elizabeth Dick, daughter of Mr. John Dick, fiar of Braid.5
They had a son, John, and three daughters : 1. Nicolas, baptized 17th March 1661. 2. Elizabeth, baptized 21st December 1662 ;6 and 3. Anne. John Stirling acquired part of the lands of Kilbride ; and in the confirmation of his testament on 6th October 1669/ he is called of Kilbryde. He died in 1669, and Elizabeth Dick his relict was confirmed tutrix to John, Elizabeth, and Ann Stirling, their lawful children in pupil- larity. His relict was directed ' to follow the advice of his honoured chief, and my ' own brother Mr. George.' The second son of Henry was this Mr. George Stirling.
6. Alexander. ' Alexander Stirling, brother-german of Sir Johne Stirling ' of Garden, Knicht,' witnessed the contract of marriage between Archibald Stirling of Kippendavie and Jean Mushet, dated 21st November 1618.8
7. ' Jeane Stirling, daughter to umquhile Sir Archibald Stirling of Keir, ' Knight,' is mentioned in the confirmation of the personal estate of Dame Margaret Ross, spouse of Sir George Stirling, by the Commissary of Dun- blane, as a creditor for £4000 Scots.9 ' Sir WUliam Drummond, the third ' laird of Riccarton, eldest sone to the last Harie, married Jean Sterline, ' daughter to Sir Archibald Sterline of Keer, and begot with her a sone ' William Drummond, who succeeded, and two daughters, Jean Drummond, ■ married to John Buchanan of Shirrahall, hot had no ishew, and Anna ' Drummond, married to Mr. Robert Naper of Kilcreuch.'10
1 No. 226, p. 466. 2 Page 103. c Edinburgh Register.
3 Original at Keir. 7 Commissary Records of Dunblane, vol. x. p. 2S2.
4 Printed Retours, Stirling, July 28, 1654. s Contract at Kippenross. 9 No. 211, p. 447. " Disposition by her at Kippenross. Iu Genealogy of the Drummonds, p. 155.
SIR JAMES STIRLING, FIAR OF KEIR, 1606-1614.
47
8. Agnes or Anna Stirling, daughter of Sir Archibald Stirling and Dame Grizel Ross, received an annualrent out of Oamhusharron, 23rd Febru- ary 1613.1
Sir Archibald Stirling died 17th May 1630, and was succeeded by his grandson, George, only surviving son of —
XIV. Sir James Stirling, Fiar of Keir, Knight.
He was educated at the University of Glasgow. Among his fellow students were Zachary Boyd, James Boill, the heir of Kelburne, and Edward Maxwell, the heir of Calderwood.2 He was knighted after 30th April 1607. Sir James married Anna, eldest daughter of Sir George Home of Wedderburn, who sur- vived him. By their contract of marriage, dated July and August 1606, the estates of Keir and Cawder were settled by his father Sir Archibald on him, and the heirs-male of his marriage, whom failing, his nearest heirs-male bear- ing the family name and arms ; and the contract was confirmed by royal char- ter on 25th June 1611. Sir Archibald reserved his own liferent of Keir and Cawder, ( and power of cutting down the woods of Keir, Cader, and Brokland ; ' and assigned to James and Anna for their entertainment, during his lifetime, Ballindroch, and various other lands ; and he obliged himself to repair the tene- ment in Stirling for a house to James and Anna. Her tocher was 18,000 rnerks.3 Sir James Stirling and Anna Home had three sons and two daughters —
1. James, eldest son : }
2. Archibald, second son: } The? were alive on 4th Jul? 16145 but must both have died before 17th August 1630, when George, their younger brother, is called the only son of his father.
3. George, third son, who carried on the line of the family.
4. Mary, who was married to John Stewart, younger of Blackball. Their contract of marriage is dated 23rd August 1633. Her tocher was £10,000 Scots. They had four sons : 1. Archibald, who succeeded his grandfather in 1658, and was created a baronet in 1667 ; 2. Walter of Kincarachie ; 3. David of Kirkwood ;
1 Original at Garden. The above woodcut repre- sents the Seal of Arms used by Sir Archibald Stirling.
2 List of Incorporated Members in the University
of Glasgow—' 6 Idibus Martii 1601. 1 ling haeres de Keir.' 3 No. 205, p. 436.
Jacobus Stcr-
48 SIR GEORGE STIRLING, 1630-1667.
4. James rof Lumloch ; and two daughters : Mary, married to Sir Alexander Cuning- hame of Corsehill, and had issue ; and Anabel, married to William Porterfield of that Ilk, and had issue. John Stewart predeceased his father after May 1652.
5. Jean, mentioned in disposition by the Earl of Mar, 4th July 1614. Sir James predeceased his father before 7th June 1614, and was succeeded by his only surviving son,
XV. Sir George Stirling of Keir and Oawder, Knight.
[1630-1667.]
On 23rd May 1621, ' Dominus Joannes Stirling de Garden miles, patruus ' Georgii Stirling filii legitimi natu maximi Domini Jacobi Stirling feoditarii ' de Keir/ was retoured ' propincmior agnatus, id est consanguineus ex parte ' patris ipsi Georgio Stirling.1 In the Commissary Court of Dunblane, on 4th August 1629, George Stirling nominated John Earl of Perth, John Lord Erskine, Archibald Lord Napier, Sir Archibald Stirling of Keir, Sir David Home of Wedderburn, Sir Ludovick Houstoun of that Ilk, John Haldane of Gleneagles, Sir John Stirling of Garden, and William Stirling of Ardoch, his curators, tarn ad lites quani ad negotia, during his minority.
On 20th March 1630, George Stirling was served heir-male of Sir James Stirling, fiar of Keir, Knight, his father, in the lands of Strowy, being a fifth part of the barony of Keir, and also in the lands of Pitquhonartie, which were then in the hands of the liferenter, Sir Archibald Stirling of Keir, Knight, grandfather of George.2 On the death of Sir Archibald, on 17th May 1630, George expede, on 4th September following, a service as heir-male of his father, Sir James, in the barony of Keir.3 In the gift, dated 17th August 1630, by James (Law) Archbishop of Glasgow, of the ward and non-entry of Cawder, George is called only son of Sir James.* His two elder brothers, who were alive in 1614, must therefore have died before 1630, without issue.
George Stirling was educated at the University of Glasgow, and matri- culated in the spring of 1630.5 In 1632 he gave 200 merks towards the expenses of the new buildings of the College.6
1 Inquisitiones de Tutela, No. 340. 6 Kal. Mart. 1630, G. Sterling primogenitus D.
2 Ketour at Keir. de Keir. List of Incorporated Members of Glas-
3 Ibid. • govv University.
1 Gift at Keir. Inventory, p. 117. n MSS. Clerk's Press. University Library, voLxvi.
-
■
Ta ttte Jossessioji of W^ Stirling Eeq^6 of Heir
R.C.Bell.
JW
^^
SIR GEORGE STIRLING, 1630-1667. 49
In a rental of Keir and Cawcler, made up in 1632, it is stated, that 'the ' Laird lies thrie woods, viz. — the wood of Keir, the wood of Cader, and the ' wood of Brockland, quhilk within schort space will be worth the sum of ten ' thousand punds money, quhilk woods were cuttit twenty yeirs be umquhile ' Sir Archibald Sterling, quha gat at his last selling of thame, aucht thousand ' by (besides) the Ladies part.'
According to the records of the Lyon Office, Sir George Stirling was knighted at Holyrood House on the 2nd of June 1662.1 The following is the account of the ceremonies observed on the occasion —
' At Holyroodhouse — Memorandum. ' That upon Saturday the 2d of June 1662, be vertew of severall Letters and warrands direct from his Majesty, tliir three Knights after mentioned wer with ancient ceremony dubit Knight at Holyroodhouse viz*.. S1' George Sterling Laird of Keir, S1' Kobert Colvil younger Laird of Cleish, and Sr Thomas Kerr of Caivors. '
' The Viscount of Dipling, Lord Chanceller, being sett in ane Chaire, and a litle before on his right the Sword, Sceptor, and Croune lying on a Table covered with Velvet, the saids gentlemen being called upon by the Master of Ceremonies, James Murray M1' of Work, who supplied S1' George Elphing- stoune, he being absent, conveyed them all and sett them doune all three be- for the Lord Chanceller. He received the Sword of Honour from the Mr of Ceremonies, and tutched the Laird of Keir thrice on the shoulder. Sr Eobert Halkite of Pitfirine presented ane gilt spur to every ane of ther heels : And after Keir was dubed, and his style proclaimed by sounding Trumpets furth out at the windoues, The Laird of Cleish was efter that same manner dubed secundly, and the Laird of Caivers was lastly dubed : And when all the said Ceremony was ended, they went and dyned all three with the Lord Chancellor in his House or Lodging in the said Abbey : Witness to the said Ceremonie was the Earl of Buchane and the Lord Lome : And of Heraulds, Thomas Drysdale, who tooke ther Oathes, John Malcome, Ross Herald, Eliazer Mackisone, Buite Herald, Gilbert Hunter, Dingwall, and James Currie, Ormound Pursevants : Every Knight gave as our ordinary Fees viz'. 100 merks Scots : The Laird of Keir gott his armes extracted
1 This appears to be a mistake for 1632.
50 SIR GEORGE STIRLING, 1630-166".
' furth of the Eegister one parchment by Thomas Drysdale : Quhilk was Ar. ' a Bend Engrailed Sab. 3 Buckles Or : And for his Crest, set on a Wreath, ' ane savage head Couped, having a Bibbon Grides or wreath about his Head.' Sir John Stirling of Keir (XVI.), son of Lord Garden, brought an action of reduction of certain writs, said to have been executed by Sir George Stir- ling in favour of his vassal, John Hamilton of Bardowie, for the purpose of relieving him of the feudal casualties due from that estate. One of the grounds of reduction was, that the writs challenged were forged. A number of witnesses were examined. One of these, Mr. George Stirling, who had been pedagogue to Sir George Stirling, thus depones as to his mode of his writing his name at various periods —
' Mr. George Stirling, indueller in Glesgow, comon witnes for both parties, of the age of 70 years or therlry, maried, suorn on his great oath, purged of partiall coivnsell, and interrogate on the interrogators given in by the Laird of Keir ; and to the first, depones affirmative thereto ; to the second, depones, that he knowes, that nether of thes subscriptiones in the peapers produced are Sir George Stirling true sub- scriptiones, and that he was not in vse to subseryve efter that maner in thos years ; to the third, depones, that the forme of his subscription wes in anno 33, conforme to ane take produced of the milne of Keir, which hes an S throw the G, which addit to his name Stirling of Keir, which forme he con- tinowed till the 37, and then efter he came out of France, which was in the year 36, he changed, and subscrived S. G. Keir, without any addition, conforme to the ticketts and reciepts produced by the per- sewar and marked ; and continowed that way of subscribing till Maii 42, att which tyme he did only subscribe G. Keir, without the S, but the G and K wer far different from thes letters in the wryts quar- relled, viz. — in the G and letter K, which is open in the head, and turned in like an R, such as is the subscription quarrelled; for cleiring wherof the deponent produces ane dierie book, beginning in Maii 1642, with ane other compt book, bearing severall subscriptiones of Keir, which are Iykwayes marked : To the fifth interrogator, depones, that he knoweth the hand wiyt of Mr. William Stirling to the con- tract ; depones, that it is not Mr. William Stirling's subscription that is at the two bands quarrelled, nor ar they nowayes lyke the samen : To the seventh, depones lykewayes, that Riccartouu's subscription to the said bands are not lyke his ordinare subscriptiones, and are different, as is formerlie deponed, but cannot be positive as to James Stirling subscription, whither the same be it or not : To the tenth, depones, that about ane quarter of year ago, the defendar came to the deponent, and desyrit to sie some of the Laird of Keir subscriptiones which he subscribed in the year 1633 and 1610, and according whcrunto the deponent shew him the Laird's subscription written in ane book : To the eleventh, depones, that dureing the wholl moneth April 1640, the Laird of Keir was not at Edinburgh, and that upon the 23 day, which is the alleaged day of the subscription of the certificat, he dyned at Stirling, and was ther at the Comittie about the affairs of the shyre: Reddens causam scientist; Becaus the deponent did attend the Laird of Keir as his pedagoge, and went abroad, and came home with him, and efter home- coming did receave his money and deburse the samen, and that from the year 1626 to the year '46, and so knowes all the particulars, as he hath deponed : And being interrogat upon the interrogators given in be the defendar; to the first therof, depones as to the first member therof as is befor sett doun, and to the last pairt therof, depones, that as to the chartour produced, that the verificatioun on the back therof is trewlie the subscription of Keir and Riccartone, the deponent being ane witnes therto himself, hot belives
SIR GEORGE STIRLING, 1630-1667. 51
( that the take produced is not his subscription ; and as to the discharge produced, he knowes it to be ' Keir's hand wiyt as to the body, bot cannot be positive whether the subscription be his or not, in regaird ' the same bears to be subscrivit in anno ] 660, long efter that the deponent was out of his service : To the ' second interrogator, depones ut supra ; and this is the truth.'
In an information for Bardouie to his counsel, he is requested,
' To remember that the veritie of the deeds is instructed be Barloch's oath. When Bardowie waited upon ' Keir to Berwick goeing off the countrie, and at their pairting, Bardowie expressing his greiff, and Bar- ' loch inquyreing the caus, he answered, that he had pairted with Ins dear freind ; and that he had done ' that to him that few of his freinds knew, and that it wes in anno 1633, much about the tyme of the ' discharge; and Balagen lykewayes depones, that 20 yeirs and upwards, and several tymes since syne, ' he enquyreing at old Bardouie what he had done with Keir anent his warde, his answer wes, that he had ' sickertt it.'
The result of this process does not appear from the papers.
Sir George Stirling first married, in his eighteenth year, his cousin, the Honourable Margaret Eoss, daughter of James, Lord Koss. She was born 19th December 1615, and was married in her fifteenth year, as the marriage contract is dated December 1630. Her tocher was 20,000 merks.1 The arrangements for this marriage appear to have been made on behalf of the young couple by Jane Hamilton, Dowager Lady Koss, and her daughter- in-law Margaret Scott, Lady Eoss, the mother of the bride. In a letter from Jane Hamilton, dated 13th November 1630, about a month before the marriage, she says — ' I haif sene your wairs since they come fra the buith. ' Thair is the sattin and the ribbonis poyntis and rossis that ar for the ' Laird of Keir's cloithis, quhilk will be fund nawayes suittable bot very ' fidler lyke.'2 Margaret Koss died 10th March 1633,3 in her seventeenth year. She left one daughter, Margaret Stirling, who died two months after her mother on 11th May 1633 — a child of a year old.
Margaret Eoss, Lady Keir, was buried in Holyroocl Chapel on the 27th of March 1633, as appears from the following account of her funeral, which is preserved in the Lyon Office Eecord of Funerals —
' The order and ceremony which was used at the funrales of the Eight ' worshipfull Lady Dame Margret Koss Lady Keir, who dyed at Edin1' the ' ■ . . . clay of March at Niders wynd in my Lord Eosses her father ' house for the time,4 and was caried from thence to the Abby Kirk of Holy-
1 No. 210, p. 444. "- Letter at Eglinton. * Sir George's house in Edinburgh, in 1644, was
3 No. 211, p. 447. at Bell's Wynd head. Keir Inventory, p. 111.
52 SIR GEORGE STIRLING, 1630-1667.
' rood house upon Wednesdy the 27th day of March 1633 years, and painted ' hy James Workman without our directions.
' Imprimis there went an poor old man cled in a black Goun, holding in ' his hand an litle Spear, having one the poynt of the same painted one an ell ' of Buckram the Morthead, going hefor 16 other poor ons, marching 2 and 2, ' holding one their Spears poynt an quarter of Black Buckram, whereupon ' was painted the Defuncts Amies, viz' the Armes of her husband the Laird ' of Keir, Impeailed with the Lord Boss of Hallkhead her father's Armes.
' Then followed George and David Fergusons, Mark Smith and Andrew ' Finnie Trumpters.
' Next to them followed a Gentleman, Servitor to the Laud, cled in Dule, ' earring one a black spears end au ell of black tefity, whereupon was painted ' the Morthead calle'd the Gumphon.
' Then followed the 4 Branches viz4.
' 1. Item the Armes of Kerr of Sessfoord, 2d Grandsir one the mother's ' syde, carried be George Stirling.
' 2. Next to them the Armes of Baphloch, 2d Grandsir one the father syde ' carried be Walter Scott [? Stirling] of Bellagune.
1 3. Then the Armes of Scott of Buccleuch, first Grandsir one the mother's ' syde, caried be James Stirling of Euglie (?)
' 4. Next to him the Armes of Lord Boss, first Grandsir one the father's ' syde, carried be Mungo Stirling of Glorate.
' And lastly the defuncts Armes wes born by John Stirling of Craigbornet.
' Then followed John Malcom, Bosse, and Thomas Drysdale, Hay, Heraulds, ' marching just befor the Corps, who was covered with ane velvite Mortcloth, ' and Busked with Armes caried on hand spackes to the Abbay Kirk by her ' Noble frends such as Earles Airth and Monteath, Lords Semplle, Ogilvey, ' Traquare, Melvell.
' And of Murners that followed the Corps was the first two, the Lady Ball- ' merino, and the Lady Cardross whose name are Lady .... Kerr ' sister to Somersett, and .... Ballantyne daughter to umquhile Sir ' Lewis Ballantyne, relict of Hary Erskin Lord Cardross.
' Next to them followed .... Lady Lundie Campble and . . . ' Lady Arnisston, relict of Sir James Dundas. Lastly followed Jean Boss the
SIR GEORGE STIRLING, 1630-1667. 53
' defuncts sister, and Mary Sterling the Laird of Keir Sir John his Sisters ' Maides. They would not suffer a closs murner, because they could not agree ' who should be.
' The Corps was intered at the north east syde of the said Kirk, and had ' no funrall Sermon, and every one of us gott 40 Merk.'
Sir George Stirling erected a monument to the memory of Margaret Ross on the south side of the chapel. The monument itself has been removed, but the inscription which was upon it has been preserved in Monteith's ' Theatre of Mortality' —
' Sir George Sterline's Monument. ' D. 0. M.
' Here lyeth Dame Margaret Eoss, daughter to James Lord Eoss, and Dame ' Margaret Scot, daughter to Walter Lord Buccleugh, and sister to Walter ' Scot, Earl of Buccleugh. She was married to Sir George Sterline of Keir, ' knight, and chief of his name ; and having lived a pattern and paragon, for ' piety and debonaritie, beyond her sex and age, when she had accomplished ' 17 years, she was called from this transitory life, to that eternal, 10 March ' 1633. She left behind her only one daughter, Margaret ; who, in her pure ' innocency, soon followed her mother, the 11th day of May thereafter; when ' she had been 12 months showen to this world, and here lyeth, near unto ' her interred.
' D. Georgius Sterline, de Keir, eques auratus, familias princeps, conjugi ' dulcissimce poni curavit mdcsxxiii.
' At each corner below, five roses, 2 and 2 cross against each other, and 1 in ' the middle, with an escrol above, bearing over each five, Mors Sentibus sequat.
' Though marble, porphirie, and mourning touch,
' May praise these spoils ; yet can they not so much :
' For beauty, lastand fame, this stone doth close
' One, earth's delight, heav'ns care, a purest rose.
' And shoulds't thou, reader, but vouchsafe a tear
' Upon it, other flow'rs shall soon appear ;
' Sad violets and hyacinths, which grow
' With marks of grief, a publick loss to show.' l
1 Monumental Inscriptions, p. 37.
54 SIR GEORGE STIRLING, 1630-1667.
The learned editor of the ' Memorials of Montrose,' has alluded to the un- timely death of the young Lady Keir : ' Thus heavily had the chastening hand ' of God visited this young chief of ' ancient Keir,' when himself but 18 ' years of age. The date upon the portrait now engraved is 1 637, four years ' later than the tragedy recorded in the Church of the Greyfriars1 in Edin- ' burgh ; and Sir George, also noted by Jamieson on the Portrait, was at that ' time only 22 years. Some of the deeds of the marriage settlement upon ' Margaret Napier, his second wife, are among the Napier charters, and c bear date 2d January 1637, the same year as the date of Sir George's ' Portrait/
Sir George Stirling married, secondly, Margaret Napier, daughter of Archibald first Lord Napier, by Margaret sister of the great Marquis of Montrose. Their marriage settlements are dated 2nd January 1637.2 He married, thirdly, Anna, second daughter of Sir Thomas Nicolson of Carnock, Baronet. The marriage contract is dated 2nd February 1654. Her tocher was 25,000 merks, and £2059, 13s. 4d. Scots. She died before 1st March 1664. 3 Sir George married, fourthly, Lady Margaret Livingston : ' 1666 Junii 8, ' Sir George Stirling of Keir, Knycht, on the one part, within our paroch ' of Dunblane, and Lady Margaret Livingstoune, relict to the deceast Sir ' Thomas Nicolsone of Carnock, Knycht, on the other part, within Saint ' Ninian's paroch, gave up their names to be proclaimed with us in purpose to marriage.'4
Lady Margaret Livingston was the eldest daughter of Alexander second Earl of Linlithgow, by Lady Mary Douglas, eldest daughter of William tenth Earl of Angus. Lady Margaret survived Sir George, who died a year after their marriage. She married in 1668, for her third husband, Sir John Stirling of Keir, who was cousin-german once removed of Sir George.
1 Should be Holyrood. ' try what wylde fowles can be hade of all kynds,
2 Napier Charter Chest, as quoted in the Memo- ' and by any els who will take money, and send rials of Montrose. ' them heir.' (Letter at Ardoch.) John Nicolson
3 In a letter from Sir George to Harie Stirling may have been a brother of Lady Stirling, and of Ardoch, dated Keir, 3rd October 1 Gi>7, he says — ' Sabina,' his bride, may have been a sister or ' John Nicolsone and Sabina being to marie Thins- aunt of Sir George. No other notice of her has ' day nixt the Sth instant, I desire 3-011 be pleased been found.
' to cans Robert your Brother, Miller or any else ' Records of Dunblane Parish.
SIR GEORGE STIRLING, 1630-1667. 55
A letter to the Laird of Kilravock from his agent in Edinburgh, Mr. W. Hay, dated 18th December 1638, thus proposes a courtship between the Laird's son and a daughter of the Laird of Keir — ' Sir, I heve considered ' the last part of your letter concerning your sonne, and the furnising of ' a niatche for him. It is trew that the old Laird of Keir hes a dochter ' liveing in Edin1', about the age of 24 yeeris or therby, provyded to a good ' portione, as is reported of twentie thousand markis and abone, and it is ' said that be hir good cariage schoe hes made the same better. Diverse ' gentlemen of good sorte hes bein in sutt of hir, but I heare that schoe ' is yet frie ; your sonne hes sein hir, and thinckis well of her as ane comly ' gentelwoman of good report, and com of verie good people ; he hes told ' me, that if he can obtein hir consent, cmhilk I hop he shall doe, if it ' then shall be your will and his motheris, he will follow furthe the busines ' as God will direck him.'1
At the date of this letter, Sir George Stirling was the Laird of Keir, and it is certain that he had no daughter ' about the age of 24 yeeris' to be courted by young Kilravock. It is possible that the date of Mr. Hay's letter may be misprinted 1638 for 1628, as the only other letter from him in the same work is dated in 1627, in which case Mr. Hay's remarks would apply to Jean, daughter of Sir Archibald Stirling, No. XIII ; or it may be that Mr. Hay himself, notwithstanding his precision as to the age, fortune, &c. of the lady, had mistaken a sister for a daughter of Sir George, and the lady who formed the subject of the letter may have been Jean Stirling, his youngest sister. Young Kilravock married Margaret Sinclair of Dunbeath. It is unknown if Jean Stirling was ever married.
Sir George took part with Montrose, Lord Napier, and Sir Archibald Stewart of Blackhall, in concerting measures in favour of King Charles I. in 1641, which drew upon them the indignation and persecution of the Com- mittee of Estates. The measures of Montrose and his friends were regarded as a conspiracy or ' plot,' and those loyal kinsmen were branded as plotters.
The parties concerned in the ' plot' were all closely connected by mar- riage. Montrose's sister was married to Lord Napier, Sir George Stirling was married to Napier's daughter, who was a niece of Montrose, and Sir
1 Genealogy of the Roses of Kilravock, p. 324.
56 SIR GEORGE STIRLING, 1630-1667.
Archibald Stewart's eldest son John was married to Mary Stirling, sister of Sir George. These friends had frequent meetings, both in Montrose's lodging in Edinburgh and at Merchiston, towards the end of the year 1640. A Lieutenant-Colonel Walter Stewart was admitted to theb coun- sels, and entrusted with a letter to Charles I. urging his Majesty to visit Scotland. The King wrote to Lord Napier on the 20th May 1641, that he intended to visit Scotland, but before his Majesty's arrival, the plotters were committed as prisoners to the Castle of Edinburgh, on the 11th of June. After being harassed by Argyll and the Committee of Estates, Montrose and his friends were fully exonerated by the King in the following year. As the proceedings in this affair are fully detaded in the ' Memorials of Montrose and his Times,' x it is unnecessary to quote them here.
The Committee of War for Stirlingshire for raising levies of horse and foot, unanimously elected Sir George Stirling to be Lieutenant-Colonel, and John Murray of Touchadam to be Major to Colonel Lord Ersldne.2
The Commissioners for sequestrating the Estates under Cromwell's Act, threatened, in 1652, to take Sir George Stirling's estates 'for his having ' entered England with the King and army.' But Sir Mungo Stirling of Glorat declared 'upon my honour and conscience, that Sir George Stirling ' entered not England at all' Sir James Livingston of Kilsyth, made a declaration corroborative of this,3 and the Commissioners, by their warrant, dated at Leith, 15th September 1652, ordered that the estates ' bee respited ' at present from sequestration.'*
In 1652, Sir George Stirling and Sir Mungo Stirling were appointed by the shire of Stirling, commissioners for treating of a union between Scotland and England, with power to attend the English Parliament.5
Cromwell, in the following year, granted a warrant to Sir George ' to
1 Vol. i. p. 273, et seq. Mr. Napier, in his last trose. Among the latter is the Laird of Keir, which
edition of the life of Montrose, says : ' So quiet was shows that Sir George was in arms on that occa-
the Laird of Keir ' . . . ' that he never joined sion. Among the prisoners, are his Kinsmen the
' Montrose in arms, although a young man and Laird of Glorat and ' Young Craigbarnet.'
' married to his niece.' [Vol. ii. p. 616.] The Editor 2 Keir Writs,
has lately discovered in the Glorat Charter Chest, 3 No. 218, p. 459.
a List of Prisoners taken by General Leslie at * No. 219, p. 4G0.
Philphaugh, and of those who escaped with Mon- 5 Contemporary copy at Keir.
SIR GEORGE STIRLING, 1630-1667. 57
' passe from London into Scotland, and to return without any trouble or ' molestation/1 and in 1656, General Monck granted, at Dalkeith, a permission ' to Sir George to keepe one horse above the value in the proclamation, ' att Calcler or Keere, and to passe with the same about his occasions ' without molestation.2
Sir George Stirling and Lord Cardross for themselves, and the other heritors and inhabitants, petitioned Cromwell's Council in Scotland to have the parishes of Dunblane, Kilmadock, Kincardine, Port, Aberfuil, Calancler, Kippen, Lekrop, and Logie, disjoined from the county of Perth, and joined to the sheriffdom of Stirling. One of the reasons stated in the petition for this change is, that ' when poyndings are used in these parishes, the ' poinded goods become useless to parties concerned before they can be ' carried to Perth.'3 This petition was not acted upon by the Council.
Sir George made his will on 1st March 1664, in which he says — 'Being ' vexed this yeir past with sore paine in my legs, I purpose, God willing, ' to goe to Edinburghe to use the ordinare means for freeing me thereof ' in time coming. But if it please God so to dispose as not only the use ' of meanes prove ineffectualle, but that deathe ensewe, and this mortall ' tabernacle be dissolved, I trust in the mercies of God, throughe the alone ' rnerite of Jesus Chryst, my Saviour, to have ane house not made with hands ' but eternall in the heavens. When deathe shall arreist, I not only re- ' commende to (but conjure) my Lord Garden, for the mutuall affection ' hes bein betwixt ws, not to let cut up or bowell my body, but interre it ' in my ile in Dumblane Kirk, without showe, trumpets, or conveining any ' but freinds at a neir distance, and that with decencie and diligence.' Among other legacies, he appoints ' the virginells in the laigh tour of the Keir to ' be given to the Lady Carnocke, younger, having promised her them, ' being at Carnock as I came eist.'4 On the 3rd of August of the same year, this legacy is revoked, and 'the virginalls to be keipt and not given,
1 No. 220, p. 460. one of Melville's answers was, that Mary ' some-
2 No. 223, p. 464. ' times played on the lute and Virginals.' [ Sir
3 No. 222, p. 464. James Melville's Memoirs.]
4 When Queen Elizabeth was satisfying her curi- In Mr. Chalmers' account of the youthful pas- osity by questioning Melville regarding the per- times of James VI. he says, that he ' loved music, sonal appearance and employments of Queen Mary, ' and had early an establishment of violins. In
H
58 SIR JOHN STIRLING OF GARDEN, 1595-1643.
in regarde of the melancholic condition the Lady is in throughe the deathe of hir husbande.' 1
Sir George died in June 1667, 2 having had by his first wife an only daughter,
Margaret Stirling, who predeceased him in childhood, as already shown, on 11th May 1633.
Sir George was succeeded by his cousin Sir Archibald Stirling, Knight, Lord Garden, descended from —
XIV. Sir John Stirling of Garden, Knight.
[1595-1643.]
He was the eldest son of Sir Archibald Stirling of Keir, Knight, and Dame Grizell Boss, his second wife,3 and was born before 30th September 1595. He had a grant of the lands of Nether Dechmont, in the regality of Dalkeith, and parish of Livingston, from his father, in addition to Uchiltrees and Ballindroch, 27th August 1600. 4 He was educated at the University of Glasgow.5 He went to France in October 1610, and studied law, fencing, dancing, &c. in several towns in that country, till March 1613. He kept a minute account of his travelling and personal expenses during these years, which is still preserved at Keir. He married, 1st, Margaret Menteith, youngest daughter of Sir William Menteith of Kerse, Knight, at Alva church, on the 17th August 1613. Their contract of marriage is dated the 9th of July previous. Sir Archibald and Sir John Stirlings thereby, with consent of Dame Grizell Boss, oblige themselves to infeft Margaret Menteith in liferent, in the tower and place of Garden. Margaret's tocher was 1200 merks.6 She predeceased her husband, who thus recorded the
' 1580, he imported from London a pair of virginals J No. 227, p. 467.
' for his own use, and indeed Elizabeth delighted 2 No. 228, p. 468.
' to play on the virginals, in which she excelled.' 3 Discharge by Sir Archibald Stirling of Keir,
[Life of Queen Mary, p. 255.] dated 30th September 1595, at Keir.
In an Inventory of the last Earl of Monteith's 4 Keir Writs.
' household stuffe,' at the Isle, in 1694, there is s ' Johannes Sterling filius comarche de Keir
entered as in the Hall, ' ane pair of Virginalls.' ' militis,' matriculated at Glasgow, cal. mar. 160S.
[Priory of Inchmahome.] 6 No. 208, p. 440.
SIR JOHN STIRLING OF GARDEN, 1595-1643. 59
event — ' My wyff at the plesor of God departed this mortall lyf in the ' Keir on Mononday the xxi of July 1628, at fyve horis in the morning, ' and was buriet in Dunblaine, the 1st of August therefter.'1 Her will was confirmed by the Commissary of Dunblane, on 31st March 1629.
Sir John Stirling married, 2dly, Margaret Bruce, daughter of Sir John Bruce of Kincavil, Knight, and Dame Jean Drurmnond, ' Lady Kincavil.' Their contract of marriage is dated 13th October 1638. Her tocher was 8000 merks, and she was granted an annuity out of the lands of Uchiltrees.2 He had no children by her, who survived him.
By Margaret Menteith, Sir John had seven sons and three daughters —
1. John, ' born in the Keir on Saturday the xxiii of July 1614, at ' ten horis at nicht.'3 He must have died without issue before 1639, as he was not confirmed, with his brothers, an executor of his sister Anna ; and his next brother Archibald succeeded his father in Garden.
2. Archibald ' was borne in Oadder on mononday the ix of June 1617, at ' two horis afternoon.' He carried on the bine of the Keir family, on the death of Sir George Stirling of Keir, as shown, page 62.
3. William ' was borne in Gadder on Sonday the xxiiij of December 1 620, ' betwix 3 and 4 in the evening.' He is presumed to have died in infancy, as another son was named William in 1625.
4. James ' was borne in the Keir on Thursday the xxx of May 1622, ' just at xii horis at nicht.' He had a bond of provision for 4000 merks from his father, dated 15th January 1639. 4
James Stirling was abroad at his father's death ; he was one of the Cap- tains of the town of Berwick on 28th June 1675. He was afterwards a Major in the army. He married, before 1675, Margaret, daughter of Colonel James Innes of Easter Denoon, Forfarshire. She died shortly before 13th May 1681, as appears from a letter from James of that date.5 They had two sons and four daughters —
1. James who died without issue, before 30th April 1698, when Mary, Anne, and Margaret, three of his sisters, were served heirs-portioners to him.6
1 No. 282, p. 473. - No. 213, p. 451 . * At Keir.
3 No. 232, p. 473. Vide also the same Register s No. 297, p. 518.
for the subsequent Births on this page, 6 Printed Eetours.
60 SIR JOHN STIRLING OF GARDEN, 1595-1643.
2. Francis became a Colonel in the army. He married Agnes, daughter of Robert Murray, third son of Sir Archibald Murray of Blaekbarony, Baronet, by whom he had two daughters, Frances and Barbara. The latter died unmarried at Edinburgh on 25th March 1795, aged 101. 1 Frances, the elder daughter, married Sir Robert Montgoinerie of Skelmorlie, Baronet. An account of this marriage will be found in a letter from Sir Robert to his uncle.2 The marriage was rendered unhappy from the want of a proper income for the support of Sir Robert and his lady. When she became a widow in 1731, she was in very poor circumstances, as appears from her letters, which are printed in the Correspondence.3 They had three daughters — (1.) Lilias, heiress of Skelmorlie, who was married to Alexander Mont- goinerie of Coilsfield. Their eldest son, Hugh, became twelfth Earl of Eglinton, and was grandfather of the present Earl. (2.) Isabella, died un- married. (3.) Agnes died at Edinburgh, 4th September 1759, also unmarried. Frances Stirling, Lady Montgomerie, died at Skelmorlie on 9th June 1759.
The four daughters of Major James Stirling were —
3. ' C,' probably Christian, who was married, before 1697, to Mr. Bower of Kin- caldrum and Meathie, in the parish of Kincaldrum, and county of Forfar. She was sometimes styled 'Lady Kincaldrum,' but generally ' Lady Meathie.' Alexander Bower of Carret, the nephew of her husband, was married to her sister Mary, and it was probably their mother's connection with the county of Forfar that led these two sisters to intermarry with gentlemen of that county, as well as a third sister to be married to a merchant in Dundee. ' Lady Meathie ' appears to have embraced the Roman Catholic religion ; and five letters from her on this and other subjects, all displaying con- siderable ability, will be found in the Correspondence.4 Lady Meathie had five sons — 1. James. His mother writes to her cousin, the Laird of Garden, in 1702 — 'My Jemey takes exceeding well with his trade, and ' his master has an extraordinary kindnes for hem and uses him very dis-
1 Scots Magazine, Ivij. 207. Agnes Murray sur- 2 No. 318, p. 532. vived her husband Colonel Stirling, and married, 3 Nos. 319, 320, pp., 533, 534. 2dly, Colonel Robert Keith, and had a son Robert ' A Letter to her from her law agent in Edin- Keith of Craig, ambassador to the Courts of Vienna burgh, William Stirling. W. S., contains a very re- am! Petersburg, father of Sir Robert Murray Keith prehensible expression — ' I should be glad to hear of Craig and Murrayshall, K.B. of the old Lady's death.' [At Garden.]
SIR JOHN STIRLING OF GARDEN, 1595-1643. 61
' creetly.' Again she writes on 5th August 1706, that ' James is come ' home after being taken by the French, and all taken from hem, and ' shot through the left leg.'1 2. Francis. 3. Archibald, who was godson of his mother's cousin, Archibald Stirling of Garden. 4. Peter. 5. Alexander. The last four are all mentioned in a letter from Francis Johnson, dated 2nd April 1706. He says, that ' Francis is well at Rome, ' Archibald at Doway, and Peter busy at gramer at home. Sandy is also ' well in the Exeter Frigate.' He also says, that ' the old man Meathie is ' become tendere.' Alexander is also mentioned in a letter from his mother, dated 27th April 1702, as having arrived in 'Noroway;' besides these sons, Lady Meathie alludes to, but does not name, a daughter in a letter without date.2
4. Mary : she was married, before 1698, to Alexander Bower of Carret, nephew of the husband of her sister, Lady Meathie, who was Alexander Bower of Kincaldrum and Meathie. The postnuptial contract of marriage of Mary Stirling and Alexander Bower is dated 6th March 1699. 3
5. Anna : in a letter addressed to her sister, Lady Meathie, by their law agent, William Stirling, W.S., dated 22nd March 1697, he says — ' I was necessitat ' to take Anna home to my owne house, for the retention of annualrents was 1 so much prejudicial! to her that her annualrent could do no more than pay ' her chamber and furnish her cloaths, till God send better times and greater ' plenty.'*
6. Margaret: she was married — contract dated 15th February 1700 — to David Brown, merchant in Dundee.5 They had two sons. Margaret died of a ' spotted fever seven days after her delivery,' in June 1706. 6
5. William 'was borne in The Keir oil Saturday the xv of January 1625, ' betuix ten and elevin in the niorninge.'7 He had a bond of provision for 3000 merks from his father, 15th January 1639.
1 No. 302, p. 523. 4 Letter at Garden.
2 These two Letters are at Garden. 5 Contract ibid.
3 Contract at Garden. In a letter from Alex- 6 Letter from her sister Lady Meathie, No. 302, ander Bower of Carret, dated Meathie, 6th June p. 523.
1698, he mentions ' Kincaldrum as my Unquill, 7 No. 232, p. 473.
' and his Leady as mv wife's eldest sister.'
62 SIR ARCHIBALD STIRLING, LORD GARDEN, 1617-166S.
6. G-eorge ' was borne in Cadder on Mononday the xviii of September ' 1626, at ten horis in the morninge.' He died before 1639, as he is not named as one of the executors of his sister Anna.
7. Alexander ' was borne in The Keir on Thursday the xvii of July ' 1628, befoir fyve horis in the morninge.' He had a bond of provision for 3000 merks from his father, 15th January 1639.
8. Grissall ' was borne in Cadder on Sonday the xi of Februar 1616, ' at fyve horis in the morninge.' She died before 1639, as she is not named as one of the executors of her sister Anna,
9. Anna ' was borne in The Keir on Saterday the xi of July 1618, betuix x ' and xi at nicht.' She married, contract dated 5th June 1635,1 Alexander Cowan of Wester Polmaise, and died without issue before 15th September 1638, when her brother Archibald, then fiar of Garden, was served heir to her.2 He was also served heir to her in the lands and barony of Pohnaise- Cowan and others, on 19th October 1639. 3
10. Margaret ■ was borne in The Keir the 1st of August 1619, befor viij ' horis in the morninge.' She died before 1639, as she is not named one of the executors of her sister Anna.
Sir John died on 15th April 1643/ and was succeeded by his second born but eldest surviving son —
XV. Sir Archibald Stirling of Garden, Knight (Lord Garden).
[1617-1668.]
As above mentioned, Sir George Stirling was succeeded by his cousin, Sir Archibald Stirling, eldest surviving son of Sir John Stirling of Garden. He was educated at the University of Glasgow, where he matriculated in the spring of 1643. He studied law, and entered early into public life. He travelled in France from October 1643, till the end of 1644, during which period he kept an account of his expenses, which is preserved at Keir. Before leaving Scotland, he executed on 16th October 1643,
1 Discharge for 3000 merks as her tocher— 3 Printed Retours, vol. ii., Stirling, No. 170. registered in Books of Session 21st January 1612. * Testament Dative at Keir.
2 Return- at Garden.
SIR ARCHIBALD STIRLING, LORD GARDEN, 1617-1668. 63
a testament, in which, after expressing his ' intent and purpose to depart ' out of this king-dome/ he nominates his son John, bis only executor, and Patrick, Lord Elibank, Sir George Stirling of Keir, William Drum- mond of Eiccartoun, Sir Walter Murray of Livingstone, Mungo Stirling of G-loratt, and James Stirling, brother of Sir Archibald, tutors-testamentars to John his son, ' during the time of his pupillaritie and less age.'
He was a member of the various committees of war appointed for the defence of the country in 1643 and subsequent years — commanded a troop of horse in the army, which the Earl of Lanark raised in 1648, after the defeat of his brother at Preston, and was appointed one of the Committee of Estates on 9th June that year. He was fined £1500 sterling, by Oliver Cromwell's Act of Grace and Pardon in 1654.
On the eve of the Kestoration, Sir Archibald was summoned by General Monck to London, with Glencairn and several other Royalists ; and on the 14th February 1661, he was nominated one of the Senators of the College of Justice,1 when he assumed the title of Lord Garden.2
He was one of the commissioners to the Convention and Parliament for the shire of Linlithgow from 1661 until Ms death ; and was chosen a Lord of the Articles in 1661 and 1663.
He was served heir-male of Sir George Stirling of Keir, Knight, his uncle's son, in the lands and barony of Keir and others, on 15th August 1667, and obtained a precept of sasine from Alexander (Burnet), Archbishop of Glasgow, for infefting him in the lands of Cawder, 7th August 1667.
He married — -1st, Elizabeth, eldest daughter of Sir Patrick Murray of Elibank, Knight-Baronet, and Dame Elizabeth Dundas, his second wife. Their contract of marriage is dated 24th June 1637, and the marriage was celebrated at Edinburgh on the 9th of July. The tocher of the lady was £10,000 Scots. He was then under twenty-one years of age, and his father joins in the contract ' as lawful administrator to him.' 3 He and his wife, Elizabeth Murray, were infeft in the lands of Garden, in terms of the contract of marriage. He married, 2dly, Mause Murray, daughter
1 Act. Pari. vii. 124. 3 No. 212, p. 448. The above woodcut represents
2 Ibid. the seal used by Lord Garden in that year.
64 SIR ARCHIBALD STIRLING, LORD GARDEN, 1617-1668.
of Sir James Murray of Kilbaberton by his wife Dame Katherine Weir, then Lady Elibank. By their contract of marriage, which is dated 24th June 1646, Sir Archibald obliges himself to infeft Mause in liferent in the barony of Polmaise, aud other lands. The tocher of Mause was 18,000 merks.1
Sir Archibald enjoyed the estates of Keir only a short time, having died in April 1668. Lament, in his Diary records his death — 1668, April. ' The Lord Carden, surnamed Stirling, one of the Lords of the Sessioun, ' depairtit owt of this life att Edin1' and, April 23, was caried from Edin1' ■ to Dumblaine to be interred ther.'2 The death is also noticed by Sir John Lauder of Fountainhall, in his Diary; after an entry dated 5th June 1668, on which date he himself was admitted Advocate : ' At this tyme died my ' Lord Garden, and Gosfurd succeeded.'
His children were, by his first marriage, two sons and two daughters, viz. —
1. John, ' born at Ochiltrie the 13th day of Apraill 1638/ He succeeded his father in Keir.
2. G-eorge, ' born at Polmease, 16th day of June 1642.' He died young, as another son received the same name in 1653.
3. Anna, ' born at Gardenn the 3d of August 1639.'
4. Margarett, ' born at Stirling upon the 9th of Januar 1640' (1641 ?). The children by his second marriage were seven sons and three daughters —
1. Archibald, ' born at Gardenne the 21st of March 1651.' He suc- ceeded his father in Garden, and continued that branch.3
2. James, ' borne in Gardenne the 29th of June 1652.' Archibald Stirling of Garden, and his brother-german James, are named with others, tutors to the children of Sir John Stirling of Keir, in his will dated 12th June 1682. In a letter from James to his brother, the Laird of Keir, dated at Edinburgh 5th June 1678, he says, that the reason of his long stay there ' is to mak moiene for a place, and to waite upon the commis- ' sioner hes grace.' In a previous letter to Sir John of Keir, dated Paris, 4th July 1674, James solicits Keir to promote a match between him and a niece of Bankell, who is presumed to have beeu John Stirling : James says —
' I houp vow will doe me the feavoure not to be forgetful to case trai if Bankels ' neace be not disposed off, and also to know if her unckle Banckel be of that meind 1 No. 21G, p. 455. 2 Laraont's Diary, p. 205. 3 Page 83.
SIR ARCHIBALD STIRLING, LORD GARDEN, 1617-1668. 65
1 that he was of the last time that you and Touch was pleased to speak to him of that ' busines betuixt her and me, which without doutte (I houpe) yow wil bring him as ' great a lenth as you think fitte, for, Sir, I will asshure you, that my meind is now
• much more that way than formally ; and if yow think fitte to lett Banckel see this
• letter, you may doe it. If you fortune to see her befor my coming to Scoot- ' land, I humblie intreat you to present my service to her, and make much off her. " Hoping that you wil pardone this my fredome, I wil not truble yow longer in this ' particular.'
The alliance proposed in this letter did not take place, and James Stirling afterwards married, contract dated 22nd June 1(381, Mary, only daughter of Sir George Stirling, the first haronet of Glorat. James Stirling made Ms will at Touch on 10th May lb'89, in which he is designated ' Lieutenant James ' Stirling, hrother-german to umquhile Sir John Stirling of Keir.1 He died before 21st April 1699. By Mary Stirling, his wife, he had a son, James, and a daughter, Christian, both living on 15th August 1702, when Sir Mungo Stirling of Glorat granted a bond of corroboration to them.2
3. George (second of the same name), ' borne at Ochiltrie the 20th day of July 1653/ He is included in the destination of Garden in 1667.
4. William, ' borne at Ochiltrie the 20th day of Oct1' 1654.'
5. Alexander, ' born at Ochiltrie the 9th of April 1656.'
6. Thomas, ' borne at Ochiltrie the 25th December 1658.'
As the three last are omitted from the destination of Garden made by their father in 1667, it is presumed that they died young.
7. Henry, the youngest son, ' borne at Edinburgh the 20th day of July 1667.' In 1683, he was appointed ensign to the company levied by the Merchants of London, to go to the East Indies. On 3rd December 1718, ' Mr. Henry (or ' Harry') Stirling, lawfull son of the deceased Sir Archibald ' Stirling of Keir,' obtained right to a bond for 1800 rnerks Scots by the Garden family, which he discharged on 12th February 1734. 3 He died in the end of August 1736, after eight days illness of a ' bloody flux.'1 Henry Stirling had a son born in 1709 or 1710, who was living in 1731. 5
1 Glorat Writs. 4 Letter from John Stirling of Garden, his
2 Glorat Writs. nephew, 2nd September 1736, at Garden.
:l Original Assignation and Discharge at Gar- 6 Letters from Archibald Stirling and Anna
den. Stirling, at Garden.
66 SIR JOHN STIRLING OF KEIR, 1668-1684.
8. Catherine, ' borne at Edin1' the 8th September 1647.'
9. Elizabeth, ' born at Ochiltrie upon the last of January 1649.' She married James Setoim of Touch. They had a daughter, baptized Lucy at Edinburgh, 30th March 1676.1
10. Rebecca, 'born at Ochiltrie upon the 2nd April 1650."-'
XVI. Sir John Stirling of Keir and Cawder, Knight.
[1668-1684.]
Sir John Stirling of Keir was born at Ochiltree on 13th April 1638. He was served heir to his father, Sir Archibald (Lord Garden), in the barony of Keir, &c, on the 31st July 1668.
The lands of Ochiltrees, in the parish and county of Linlithgow, which probably first became the property of the family in the 12th or 13th century, were sold by Sir John, in 1678, to Sir Archibald Primrose of Carringtoun, and they still belong to his representative, the Earl of Eosebery.
Sir John Stirling married, 1st, at Stirling, 6th February 1668, Lady Marga- ret Livingston, daughter of Alexander, second Earl of Linlithgow (widow of Sir Thomas Nicolson of Carnock, and also of Sir George Stirling of Keirs). She died at Keir, 2nd November 1674, without surviving issue. He married, 2ndly, Lilias, eldest daughter of Sir John Colquhon of Luss, at the Abbey of Hulyroodhouse, on 2nd December 1675. Their postnuptial contract of marriage is dated 2nd March 1676. The tocher of Lilias was 20,000 merks.4 She is stated by Law, in his Memorials, to be 'a gentlewoman of ' great expectation.' She survived him, and married, 2ndly, in 1701, the Honourable Charles Maitland, third son of Charles, third Earl of Lauder- dale, without issue. Mr. Maitland died at Cawder in June 1716, and Lilias Colquhoun also died there on the 31st December 1726. ° She was buried at Cawder on 5th January 1727.6
1 Edinburgh Registers. 4 No. 229, p. 469. 5 No. 232, p. 473.
2 There are in the Library at Keir, several boobs 6 Records of Cawder Parish.
which belonged to Lord Garden, containing his At the time of her first marriage to Sir John
autograph signature, and the motto, ' Non mortale Stirling, Lilias Colquhoun was wooed by another
' qvod opto.' widower — the last Laird of Buchanan — who about
3 Lady Margaret was by her marriages twice four years after the death of Lady Mary Erskine, Lady of Keir. his first Lady, ' entertained some thoughts of a
SIR JOHN STIRLING OF KEIR, 1668-16S4. 67
Sir John Stirling had issue by his second marriage, five sons and two daughters —
1. Archibald ' was borne at the Keir 29th October 1676, at five o'clock ' on Sunday morning, and was baptized at the Keir be M' Gasper Kellie, ' Dean of Dunblaine, the 2d of November 1676/ He died young, as his next brother, John, succeeded their father.
2. John ' was borne at Sterling 26th October 1677, at five o'clock on ' Fraydie morning. He was baptized by MT. Persone, minister of Sterling, ' the 1st November.' He succeeded his father.
3. George ' was borne at the Kere on Tuesday, 12th November 1678, and ' was baptized by M* Gasper Kellie, Dene of Dunblane, at the church of ' Lecrop, on the 18th November 1678.' He died without issue, as his younger brother James succeeded their elder brother John. ' My mother-in-law got ' a letter from the Lady Keir, wherein she writes of the death of one of her ' children.'1 This probably has reference to George.
4. James ' was borne at the Keir on Saturday, the 1st of November 1679, ' betwixt 7 and 8 o'clock at nicht, and was baptized at Lecrop, 2d November. ' be M1; William Wemyss, minister of Lecrop.' In his father's testament, dated 12th June 1682, he is called second son (Archibald and George having predeceased), and he has a provision of 15,00C marks. He succeeded his brother John in Keir.
5. William ' was borne at Keir on Fraydie, 24th March 1682, at six o'clock ' in the morning, and was baptized on Saturday, 26th March, at Lecrop be Ml' ' William Weems, minister at Lecrop.' He is called third son in his father's
' second marriage, and for that purpose addressed ' he continued till his death/ [Buchanan of Auch-
' himself to a daughter of Sir John Colquhoun of mar's History of the Buchanans, p. 37.]
' Luss, between which family and that of Buchanan One letter from Mr. Walter Stirling, Minister of
' there had been such frequent alliances and com- Baldernock, and another from his son, dated 8th
' munication of mutual good offices, as rendered the and 19th October 1675, detailing the state of the
' proposal very agreeable to Sir John.' Buchanan courtship, will be found in the correspondence,
went to London to get a new charter of his estate Although Mr. Walter's own wife was then in a
in the prospect of his marriage, but his ' design was ' most violent distemper of bodey,' and his daughter
4 wholly defeated, the young lady having, much ' very dangerously sick,' he left them, and went to
' against his expectation, married the laird of Keir Rossdo, and intrigued with success for his namesake
' before his return. This disappointment had such of Keir. He afterwards ' celebrated' the marriage
' effects upon his high spirit, as in a little time at Holyroodhouse.
' threw him into a palsie, and prejudiced him in ' Letter from Francis Stirling to his cousin the
' his judgment, in which unhappy circumstances Laird of Garden, 2nd February 1679.
68 SIR JOHN STIRLING OF KEIR, 1668-1684.
testament in 1682, by which he has a provision of 12,000 merks. He ac- quired the lands of Northside before 29th February 1704, as in the contract of marriage of his brother James of that date, ' William Stirling of Northside, ' brother german to the Laird of Keir,' is a witness. He had a son, James, who is supposed to be the James Stirling mentioned in a letter from James Stirling the Venetian, to John Stirling of Keir, dated 26th May 1726. ' Your ' coosen James Stirling, of New England, is expected here in a little while ' from Portugal, where he has lately sold a great ship of 600 tun.' l James Stirling, son of William Stirling of Northside, was ' out' in the Kising of 1745. He appears to have been in Kingston, Jamaica, in May 1748, as in a letter of that date, from James Stirling to his brother Archibald, he says — ' Our cousin ' James Stirling is well.' William, Stirling died at Monkrig near Haddington.
6. Lilias ' was born at the Keir, on Thursday, 13th January 1681 at 6 in the ' morning, and was baptized at Lecrop on the 15th January, by My William ' Weems, minister of Lecrop.' She had 18,000 merks by her father's testament. She was married at Cawder, on 18th December 1701, to John Murray, then younger of Touchadam.'-' Their contract of marriage is dated the same day, in which she is called ' only daughter' of Sir John. Her tocher is 18,000 merks.
7. Elizabeth 'was born at Keir, on Son clay, 3d June 1683, at 2 o'clock in ' the morning, and baptized the said day at Lecrop, by Mr William Weemes. ' minister of Lecrop.' She must have died before 18th December 1701, as Lilias, her sister, is called only daughter of Sir John, in her contract of mar- riage of that date.
Sir John Stirling was appointed one of the royal commissioners for visiting the University of Glasgow by commission, dated 4th May 16S0.3 He made his will at Keir on 12th June 1682,4 and died in March 1684. Law, in recording the death of John Stirling, says, that he was ' a discreet, honest, ' and ingenuous gentleman.'5
1 At Keir. ! Cawder Parish Records. ' old Laird of Keir. That in his youth he was at 3 No. 202, p. 51G. i No. 231, p. 47 1 . ' Geneva, with old Diodati, who told him, with tears, 6 Law's Memorials, p. 262. Sir John Stirling is ' that in the year 1605, when the rupture was be- probably the ' old Laird of Keir,' referred to in the ' tween Vennice and the Pope, the Republick wrote following entry in Wodrow's Analecta, under No- ' to Geneva for some of the Protestant Ministers to vember 1700 : ' Mr. A. Simson told me he had this ' come to them. And he, as having the language, ' accompt from one Mr. Stirling, Governour to the ' was sent ; and when he came, he mett with seve-
JOHN STIRLING OF KEIK, &c, 1684-1715. 69
XVII. 1. John Stirling of Keir and Oawdee. [1684-1693.] John, the second son, was, as before shown, horn at Stirling on 26th October, and baptized on the 1st November 1677. He was infeft in the family estates as heir to his father, on the 14th April 1686, being then 'of the age of ' eight years and five months or thereby.' He died in October 1693, and was buried on the 20th of that month, in the family aisle in Dunblane Cathe- dral.1 Dying unmarried, he was succeeded by his immediate younger brother,
XVII. 2. James Stirling of Keir and Cawder.
[1693-1715.]
James Stirling of Keir, who, as before stated, was born on 1st November
1679, was served heir to his immediate elder brother John, in the barony
of Keir, on 1st May 1694.
James Stirling was accused of being implicated in the attempt made on behalf of the Stuart family to invade Britain in the year 1708. Along with the Lairds of Garden, Kippendavie, Touch, and Newton, James Stirling was tried for high treason, in the Court of Justiciary at Edinburgh, on 15th November 1708. One of the charges in the indictment against them is, that cyou did openly drink to the good health of your master as you ' called him, who could be none else but the said Pretender.' To this Keir and the others answered, that the charge was ' no ways relevant, lino. ' Because the chinking any person's health is not a crime, there being no ; law against it. 2do. There is no person named whose health is said to ' be drunk, and therefore cannot infer any crime ; and the gloss put there- ' upon, that it could be no other but the Pretender, is not only a conjecture ' and uncertain inference of the pursuers, which can be no ways sufficient ' to fix a crime upon others, who can only be answerable for what is clearly ' expressed and declaired by them by plain wrords, writes, or deeds.'
' rail of the Councill, who allowed him to preach ' and accordingly, went back to advise with them,
' openly the Protestant doctrine, provided he would ' and they allowed him in this juncture ; but when
' putt on the Popish vestments, least, as they said, ' he came back, the matter was patched up betwixt
' the people should cast at him and them for soe ' them and the Pope, and he had noe access to
' suddain outward change. This he did not agree ' preach.' Vol. i. p. 87.
' to till he went back to advise with his brethren ; ' Funeral Letter at Garden, dated 9th October 1693.
70 JAMES STIRLING OF KEIR, 1693-1749.
In a memorandum of interrogatories for exculpatory evidence, one of the points to be proved was, that ' it is usuall and ordinar for highlandmeii, ' gentlemen's servants in the highlands, to carry fusees or gunns upon all ' occasions, even to the church.'1 After several adjournments of the trial, James Stirling and his friends were acquitted, and dismissed from the bar on the 23rd November.2
James Stirling was attainted in 1715, for his having been at Sberiffmuir, and his estates were forfeited. They were purchased by Eobert, Lord Blan- tyre, Sir James Hamilton of Kosehall, Baronet, Mr. James Graham of Airth, judge of the High Court of Admiralty in Scotland, Mr. John Stuart, ad- vocate, brother of Lord Blantyre, Ralph Dundas of Manor, and William Stirling of North woodside, for behoof of John, the eldest son of James.3
On the breaking out of the Rebellion in 1745, James Stirling was im- prisoned in Dumbarton Castle. The Glasgow Courant of May 1746, con- tains a notice, that ' John' (a mistake for James) ' Stirling of Keir, elder, with ; his son Hugh, and James Stirling of Craigbarnet, being found on board of a ' Dutch ship lying off the Largs, bound for Rotterdam, were taken by Captain " Andrew Crawford of the king's boat at Cumbra, and carried prisoner to ; Rothesay in Bute ; and yesterday we have advice of their being brought ' to the Castle of Dumbarton, late on Saturday's night.' Lady Hamilton of Rosehall, who was Margaret Stirling, daughter of James of Keir, visited the three Stirling prisoners in Dumbarton Castle, and by concealing a rope lad- der about her dress, they availed themselves of it, and made their escape.4
After his attainder, James Stirling appears to have chiefly lived in hiding
1 On 20th May 1595, John Stirling, in Gam- * and others at the Kirk Doors and on the Pillar.'
kirk, compeared before the Presbytery of Glas- Ibid., p. 78.
gow, and confessed that ' he drew his quhinzeir, 2 State Trials, fol. ed., vol. v. p. 630.
' and come in at the Kirk Door of Cadder upone 3 The purchase of Keir by the friends of the
' Sondaye, the tyme of the ministration of the family, discredits a tradition, that Marion Stuart,
' Supper of the Lord Jesus.' He was ordained wife of James Stirling, succeeded in a personal
to be punished. [Maitland Club Miscellany, Part appeal to the King for the pardon of her husband
i. p. 71.] and the restoration of his estates — His Majesty,
Another John Stirling, designated as in East according to the tradition, thinking these little
Cadder, also came under the sentence of the Pres- enough for so large a family,
bytery at the same time. He was ordained to * Information from the late James Stirling of
make public repentance in ' sekclayth, bairfuttit, Garden. It would rather appear from the letters
' bairleggit, and bairheidit, successively in the of James Stirling of Keir and his son, that his
' Kirks of Cadder, Glasgow, Lenzie, Campsie, liberty was granted by the government authorities.
JAMES STIRLING OF KEIR, 1693-1749. 71
places, and so long as he remained quiet, the Government did not take very active steps to apprehend him. But on his alleged interference at the elections in August 1727, he was made prisoner, according to a notice in Wodrow : ' The imprisonment of Stirling of Keir, the 19th of this moneth ' is attributed to this keenes about elections ; though its hard to say where ' his interest in elections lyes. He has been skulking since the Kebellion, and ' overlooked by the Government, though attainted, and was suddenly taken up. £ The reason given, though he denyes it, was the suspicion, that a messenger
• from Bologna, where the Pretender is, was at Keir's house, in Calder, some ' nights. Shawfield's son-in-law, Sir Duncan Campbell, had a warrand from
• General Wade to apprehend ; but it lay many weeks dormant till the throng ' of elections ; and whither ad terrorem, or for other causes than we know, ' he was catched and sent in prisoner to Edinburgh, must be left to time.'1
From the same work, we learn that in the following year, ' two things ' happen pretty singular, which twenty or thirty years ago would have been ' very odd in Glasgow, the setting up of an Episcopalian meeting-house,
■ and publick allowing of comedies.' 'Northside, Keir, and others, contri-
■ bute to the former, and the collections go to the preacher, one Wingat
• a non-juror, who prays not for the king.2
In the Pascuiil, called the ' Generall Assemblies Lamentation for William ' of Nassau,' the Laird of Keir, evidently this James Stirling, comes in for a slight notice in the following lines —
' There are some very good godly men in the parish of Mauehline, ' But so is not Lauchlin M'Lauchlin of Castle Lauchlin in Stralauchlin ; ' And from the shires of Stirling and Clackmannan, ' They'll rise against us with pistoll muskett and cannon, ' For ther's a hantle of folk ther that is ny cursing Canan — ' And Stirling of Keir and the Laird of Touch, ' Care not for Presbyterian touns, nor our sighing sough.' In a letter from James Stirling of Keir, to his son Eobert, written in Dumbarton Castle on 7th September 1746, he says, that from the beginning, he- was certain that that ' extraordinary event would end as it began. I ' dissuaded your two brothers from being concerned in it, but to no purpose.
1 Wodrow's Analecta, iii. 430. 2 Ibid. iv. 8.
72 JAMES STIRLING OF KEIR, 1693-1749.
' They are now in a place of safety. As for myself, I did not medle in it. ' I was put up here as a disaffected person, but not by an order from any ' in the Government. I expect very soon to be liberate.'1 His son, John of Keir, informs his brother Archibald on 15th May 1747, that ( Papa was ' dismissed from his confinement in Dumbarton Castle, the end of January ' last, when he came home, and enjoys a tolerable good state of health.'-
Jaines Stirling died at Cawder on 25th February 1749. An account of his death is furnished by a letter from his son John to his brother Archibald.3
James Stirling married at Cardonald, on 24th February 1704, Marione Stuart, eldest daughter of Alexander, Lord Blantyre, by Anne his second wife, daughter of Sir Kobert Hamilton, Lord Pressmennan, and sister of John, second Lord Belbaven. Their postnuptial contract is dated 29th February 1704,4 whereby she is provided in an annuity of three thousand merles, which was allowed to her after the forfeiture of her husband, by charter, under the Great Seal, 15th December 1718.
Their children were fourteen sons and eight daughters —
1. John, his heir.
2. Alexander, who must have predeceased John without issue, as Archi- bald succeeded John.
3. Archibald, who succeeded his brother John. [Vide No. XVIII. 2.]
4. Walter, born at Keir on 30th August 1711.
5. Charles, born at Keir on 1st October 1712.
6. William, born at Keir on 8th September 1713. These three sons all died without issue, as their youngest brother William succeeded to their elder brother Archibald.
7. James, born at Keir 17th September 1714, was a merchant at Kingston, Jamaica, in 1734. He died at Monkrigg, near Haddington, 9th August 1773.5
8. Eobert, born at Keir 14th September 1715, was also a merchant at King- ston, 1734-1748. He died there in 1760. James Stirling, the Venetian, writes to James Stirling of Keir on Christmas Day 1735 — ' Your sons in
1 No. 324, p. 538. ' of my Father's liberation,' and assuring ' your
2 Letter at Keir. The same John Stirling wrote ' Lordship, both he and I shall always retain a most from Keir on February 6, 1747, to Andrew Flct- ' gratefull sense of it.' [Letter at Salton ]
cher. Lord Justice-Clerk, expressing ' the great obli- 3 No. 327, p. 540.
' gations we ly under to your Lordship, on account ' At. Keir. ■> No. 232, p. 473.
JAMES STIRLING OF KEIR, 1693-1749. 73
' Jamaica are both in good health and good esteem according to all accounts, ' but particularly Roby.'
9. Henry, born at Keir 22nd November 1718. He was at Fort Marlborough in 1739, and was Eesident at Sillibar in 1742. He died in India before 1st November 1748, as in a letter of that date, his brother John mentions legacies by his ' poor Brother Henry.'
10. Charles, born at Cawder 8th March 1722. He died at Manchester 7th February 174?. *
11. Hugh, born at Cawder 26th February 1723. He was concerned in the Rising of 1745, and along with his father, was taken on board a Dutch ship, bound for Rotterdam, on 6th May 1746, and imprisoned in Dumbarton Castle. He was afterwards a merchant at Calcutta in 1748, and died at Fort St. Davids, East Inches, on 7th April 1749.2
12. William, born at Cawder 5th June 1725. He carried on the line of the family. [Vide No. XVIII. 3.]
13. Lewis, born at Cawder 30th November 1726. He died in Jamaica.
14. Alexander, born at Glasgow 4th December 1729.
15. Ann, born at Keir 20th January 1706. She was married to John Erskine of Carnock, advocate, whom she survived, and died at Edinburgh 11th May 1779, having had issue.
16. Lilias, born at Edinburgh 6th February 1707. She died at Cawder unmarried, in or about 1775.
17. Frances, born at Keir 30th December 1707. She was married 31st March 1742, to Sir Archibald Stuart of Castlemilk, Baronet. She died at Gourock 12th September 1757. They had one son, who died young, and a daughter, Anne Stuart, who, in the entail of Keir in 1771, is called only child of the deceased Frances Stirling. Anne Stnart was married to her cousin, Sir John Stuart of Castlemilk, who died on 18th January 1797, and was the last Baronet of Castle- milk. Lady Stuart died at Castlemilk 16th December 1821, without issue.
18. Elizabeth, born at Edinburgh 7th January 1718.
19. Helen, born at Keir, 10th October 1719. She and her sister Elizabeth both died before 1771 unmarried, as they are not called with their younger sisters in the entail of Keir of that year.
1 Letter from his brother Archibald at Keir. 2 Xos. 328 and 329, pp. 541-2.
K
74
JOHN STIRLING OF KEIR, 1728-1757.
20. Margaret, born at Keir 6th October 1720. She was married to Sir Hugh Hamilton of Kosehall, and died at Edinburgh 20th October 1802, aged eighty-two. It was this lady, who by a stratagem succeeded in releasing her father and brother, and James Stirling of Craigbarnet, from Dumbarton jail.
21. Magdalen, born at Cawder 29th February 1724. She was commonly called ' Aunt Maddy,' in the family of her brother William (No. XVIII. 3). She died at Edinburgh in February 1798.
22. Henriett, born at Cawder 20th March 1728.1
James Stirling and Marion Stuart had thus the large number of twenty-two children.2 He died, as already shown, at Cawder, on 25th February 1749, aged seventy years, and was _/#^ The following Seals were
succeeded by his eldest son, ^fe' used by James Stirling, on
John. His widow survived him Sfi%%^ three sides of an iron seal,
twenty-one years, and died at J4m>\ which is itself also here
Cawder on 20th March 1770. M^m shown —
CHAPTER IV.
[1728-1857.]
FROM JOHN STIRLING, SON OF JAMES, TO WILLIAM STIRLING, THE PRESENT PROPRIETOR OF KEIR AND CAWDER.
XVIII. 1. John Stirling of Keir and Cawder.
[1728-1757.]
John Stirling, eldest son of James, was born at Erskine on 18th November 1704. On the following day James writes — '. My wife, God be thanked, was ' saflie brought to bed yesternight of a son, and is now pretty well.'3 Mungo
1 These births, marriages, and deaths, are stated children, and that the sixteenth succeeded to the from the Record at Keir. estates of Keir and Cawder.
2 There is a tradition, that this Lady Keir was 3 Letter from James Stirling of Keir, dated usually followed to the church by sixteen of her Areskine, November 19, 1704.
\
ARCHIBALD STIRLING OF KEIR, 1757-1783.
75
Stirling of Craigbarnet, writes to the Laird of Garden on the 18th of the following month — ' I was at Areskin the other week, and was verie weel ' pleased to see our young chief, who is a very pleasant child.'1 The family estates which had been forfeited by his father in 1715, and purchased by his friends, were reconveyed to John in June 1728. The rental of these estates was then £795. The vassals of Keir, who had become Crown-holders by Act of Parliament, 1st George L, reconveyed to him the superiorities of their lands. It appears from a letter from John Stirling of Garden, 10th March 1746, tbat ' on the marcb of the Duke of Cumberland's army northwards, that part of ' them which quartered at Keir on the night of the 4th of February last, did ' then take away or destroy a great many Papers.'2
He disponed Cawder to his brother Archibald in 1750, with a view to his marriage with Miss Erskine of Torrie.
John Stirling of Keir died unmarried, at Edinburgh, on 7th July 1757, set. fifty-four. The high estimation in which he was j held by his relations and friends, will appear from the letters written on his death,3 and from a poem by his cousin Lord Gray.4
XVIII. 2. Archibald Stirling of Keir and Cawder.
[1757-1783.]
Archibald Stirling was born at Keir, 4th September 1710. He went to Jamaica in early life and became a merchant. It was probably on the occasion of his going to Jamaica, that he obtained from Eoderick Chalmers, Eoss Herald, a blazon of his armorial bearings, and which are thus described — : Argent on ' a Bend sable three Buckles or ; a Crescent as a brotherly distinction, all ' within a bordure quarterly or, charged with a Rose gules, barbed vert, and ' cheque azure and argent (being the principal armorial figures ' of Blantyre), above the Shield an Helmet befitting his de- ' gree, with a mantle gules, doubling argent, and on a wreath ' of his Colours is set for his Crest a Moor's Head, couped ' proper, and on an Escroll above, this motto, Gang Fordward.'3
1 Letter dated 18tli December 1704.
2 Keir Writs.
3 Nos. 333-336, pp. 544-5.
1 No. 337, p. 545. 5 Original at Keir.
76 ARCHIBALD STIRLING OF KEIR, 1757-1783.
After acquiring a moderate fortune in Jamaica, Archibald Stirling returned to Scotland in 1748. About ten years afterwards lie succeeded his brother John in Keir. He married, 1st, Margaret Erskine, daughter of Colonel William Erskine of Torrie. The contract of marriage, dated at Cardross, 21st June 1755,1 is postnuptial, and narrates their marriage in February 1751. In a letter consenting to the marriage, her father says — 1 1 assure you, my daugh- ' ter's temper is agreeable ; and as she is very young, you have her of your own ' breeding. She has been an agreeable comfort to me, and I bope she will prove ' so to you — I don't care how soon you make me a Grandfather — I really think ' you will both spoyle lukly if you don't soon/ Soon after her marriage, this lady planned and partly executed the green terrace on the south side of the park at Keir, on the top of the slope, known as Camie Bank. It was completed by the present proprietor, her husband's grand nepbew, in 1852. She died at Bristol, 4th September 1761, aged twenty-nine, without issue.
Archibald Stirling married, 2dly, at Balmanno, Perthshire, on 7th October 1762,2 Dame Ann Hay, daughter of Alexander Hay of Drumnielzier, and relict of Sir Patrick Hepburn Murray of Blackcastle and Balmanno, Baronet. In a postnuptial contract executed 19th October 1762,3 he bound himself to infeft her in a liferent annuity of 4000 merks, out of the estate of Cawder. She died at Cawder on 14th October 1807, aged eighty.4
By deed of entail, dated 5th November 1771, he entailed the estates of Keir, Cawder, and others, on the heirs-male of his body, and the following persons and the heirs-male of their bodies respectively. James Stirling, late of Kingston in Jamaica, his immediate younger brother ; William, his next brother ; James, John, Archibald, and Charles, the four eldest sons of William ; Archibald Stir- ling of Garden ; Patrick Stirling of Kippendavie ; John Stirling of Jamaica, only brother of Patrick, and second son of the deceased Patrick Stirling of Kippen- davie ; Sir William Stirling of Ardoch ; Thomas, brother of Sir William, lieu- tenant-colonel of the Forty-second Eoyal Highlanders ; Charles Stirling of Jamaica, also brother of Sir William ; Mrs. Ann Stirling, eldest sister of Archi- bald the granter, and widow of John Erskine of Carnock, &c. ; Lilias, second sister of the granter ; Ann Stuart, wife of John Stuart of Castlemilk, only child of the deceased Dame Frances Stirling, third sister of Archibald the granter, wife of the deceased Sir Archibald Stuart of Castlemilk ; Dame Margaret
1 At Keir. 2 Scots Magazine, xxiv. 507. 3 At Keir. i No. 232, p. 473.
WILLIAM STIRLING OF KEIE, 1783-1793. 77
Hamilton, fourth sister of Archibald ; and Magdalen Stirling, his fifth and youngest sister. In his testament, confirmed 25th August 1784, Archibald Stirling of Keir bequeathed to John, Archibald, Charles, and Robert, the younger sons of his brother William, successively, and the hens of their bodies, and in default of such heirs, to James Stirling, eldest son of his brother Wil- liam, the plantations and sugar works of Hampden, Keir, and Frontier, in Jamaica. He died at Keir, 3rd November 1783, aged seventy-three, without issue, and was succeeded by his brother,
XVIII. 3. William Stirling of Keir and Cawder. [1783-1793.]
William Stirling was born at Cawder on 5th June 1725, and although he was the twelfth son of his father, he inherited the estate of Keir through the failure of his eleven elder brothers. He was served heir of his brother Archibald, under the above mentioned entail, 23rd January 1784.
William Stirling was engaged in the rising in favour of the Stuart family in 1745, along with his father and his brother Hugh. The account of the expense of their uniforms on that occasion is preserved among the Keir papers.
He married, 1st, the Honourable Helen Gray, second daughter of John Lord Gray, at Edinburgh, on 1st October 1765. She died at Cawder on 31st July 1776, aged thirty, before her husband succeeded to Keir, and was buried at Dunblane, in the Keir aisle of the Cathedral ; and 2dly, at Castle- milk, on 3rd November 1781, Jean Stuart, youngest daughter of the deceased Sir John Stuart of Castlemilk, Baronet, and of Dame Helen Orr, his wife.
His children by his first marriage were — 1. James, his heir.
2. John, born at Cawder 23rd February 1768. He went to Kingston, Jamaica, in 1789, and died at Hampden in that island, on 24th March 1793, aged twenty-five, unmarried.
3. Archibald, born at Cawder on 2nd August 1769.
4. Charles, born at Cawder 12th May 1771. Inheriting from his father a thirteenth share in the copartnery of Somerville, Gor- don, and Company, West India merchants in Glasgow, he was engaged during the greater part of his life in conducting the af- fairs of that firm. In 1806, he purchased the lands of Kenmure, adjoining his brother's estate of Cawder, and built the greater part of the exist-
78 WILLIAM STIRLING OF KEIR, 1783-1793.
ing mansion house, where he resided from 1808 until 1816, when he sold Ken- mure to his brother Archibald for £40,000. He afterwards took up his abode at Cawder, obtaining a life-lease of the house from his elder brother, and con- tinued to reside there during the remainder of his life. He married at Linla- then, on 14th October 1817, Christian, daughter of David Erskine, C. S., third son of John Erskine of Carnock, author of the Institute of the Law of Scot- land, who survives him. His leisure hours were devoted to rural pursuits, and he was no less active as an agriculturist than as a merchant. He made large additions to Cawder House, and built the western wing, from the design of David Hamilton, He also laid out tbe existing gardens, in which he formed a piece of water, by diverting the course of the river Kelvin, and effected many other improvements in the pleasure grounds. For many years he was greatly consulted by his elder brother in the management of Ins estate ; and many of the plantations and other embellishments of Keir were planned and superin- tended by him. During a tour in Italy in 1824 and 1825, he purchased a considerable number of pictures, from collections made in the towns where the masters were resident, or where they had gone for study. These pictures, together with his library, are preserved by his widow at Cawder. Dying after a brief illness at Cawder, on the 30th January 1830, aged fifty-eight, he was buried at Lecropt, being the first of his family whose remains were laid in tbe vault under the southern end of the then recently built parish church.
5. Kobert, a twin with Margaret, both born at Cawder on 24th December 1772. He went to Jamaica in 1790 and became a planter. He married Sarah, daughter of Dr. Thomas Steel of Steelfield, Jamaica, in 1807, and he died at Kingston, in Jamaica, on 28th September 1808, aged thirty-six, leaving one daughter in infancy, Helen Stirling, who died in London on 4th February 1822, aged thirteen years.1 Sarah afterwards married on 3rd September 1821, Commissary-General Thomas Dunmore, and died on 23rd June 1823.
6. Margaret, eldest daughter, a twin with Robert, as above. She died at Keir in June 1784, aged twelve and a-half years.
7. Marion, born at Cawder on 12th June 1774. She kept house at Keir for her brothers, James and Archibald, for about fifty years. She died unmarried at Keir, 1st March 1842, aged sixty-eight, and was buried in Lecropt church on the 9th March.
1 Letter from Commissary Dunmore.
WILLIAM STIRLING OP KEIR, 1783-1793. 79
8. Jean, born at Cawder 2nd July 1775. She lived at Keir till within a few months of her death, which took place at Bromley, Kent, where she went for the benefit of her health, on 17th September 1835. In Bromley church, a tablet is erected to her memory with the following inscription — ' Beneath ' this church are interred the mortal remains of Jane, third daughter of the ' late William Stirling, Esq. of Keir, in the county of Perth, N. B. She died ' the 17th of September 1835, at Bromley, aged 60 years, and rests, expecting ' the second coming of the Lord Jesus Christ.'
By his second marriage he had one son and two daughters — 1. William, born at Keir 23rd August 1789. He entered the 1st or King's Dragoon Guards in 1810, and served till 1818, when he retired. He became a captain in 1815, and was engaged at the battle of Waterloo. He married, first, Mary, daughter of John Anderson, merchant, London, by whom he had one son —
William Stuart Stirling Crawford, now of Milton, born November 1819. He suc- ceeded to Milton in 1828, on the death of his grandaont, Mrs. Margaret Stuart Rae Crawford of Milton, in terms of an entail made in 1706, by John Crawford of Milton, writer in Glasgow, in favour of Sir William Stuart of Castlemilk, Knight, Baronet, and Dame Margaret Crawford, his spouse, eldest daughter of the said John Crawfurd, and their heirs, which obliged them to assume the name of Crawford. Captain William Stirling married, second, Anne Charlotte Maitland, daughter of Sir Alexander Charles Maitland Gibson of Cliftonball, Baronet, and had issue, a son and a daughter —
(1.) James Stirling Stirling Stoart of Castlemilk, who socceeded to that estate in 1828, on the death of his grandaont, Mrs. Margaret Stuart Rae Crawfurd of Mil- ton. He entered the First or King's Dragoon Guards in June 1842, and having attained the rank of captain in that regiment, left the army in November 1852. He married at Dublin on 1st June 1852, Harriet Boswell Erskine, second daugh- ter of Matthew Fortescue, and has issue, a son, William, born at Dublin on 9th May 1854, and three daughters, all born at Dublin, (1) Erskine, born 25th April 1853; (2) Anne, born 9th May 1854; (3) Harriet, born 20th August 1855; (4) Hannah Geraldine, born 9th October 1857. (2.) Helen Maitland Stirling, born in 1823, who married at Edinburgh, 17th De- cember 1846, Henry Everard of Fulney, Lincolnshire, by whom she has one son, Harry- Stuart- Stirling- Crawfurd Everard, born at Claybrooke Hall, Leicestershire, on 30th January 1848.
80
Captain William Stirling died at Castlemilk on 1st December 1825, aged thirty-six.
2. Helen, born at Cawder on 14th February 1783, married in 1814 the Rev. Angus Makellar, D.D., formerly minister of Pencaitland, and has issue —
1. The Reverend William, born 29th August 1816, married Margaret-Matilda Cunningham Graham, daughter of the late William Cunningham Cunningham Graham of Gartmore, and has issue, two sons and two daughters —
1. "William-Thomas, born 19th July 1850; 2. Cunningham-Graham, born 28th July 1851 ; 3. Jeanette-Susan-Anna-Charlotte, born 19th March 1854 ; 4. Helen-Stirling, born 21st Feb. 1857.
2. John-Archibald, bom 26th Sept. 1817. 3. Jane-Ann, born 2nd Sept, 1820.
3. Anne, born at Keir on 23rd February 1785. She died unmarried on 4th June 1849, at Alness Manse, Ross-shire, where she was buried.
William Stirling of Keir died suddenly at Keir on 22nd May 1793, aged sixty-eight, and was buried at Dunblane. He was walking in the grounds with his son Archibald, when he was seized with apoplexy, and he expired shortly after being carried into the house. He was succeeded by his eldest son —
XIX. l. James Stirling of Keir and Cawder. [1793-1831.] James Stirling was born at Cawder on the 8th October 1766. In 1787 or 1788, he entered the 11th Dragoons, and left the service, in which he held the rank of lieutenant, in 1793, when he succeeded his father in Keir. With the exception of a residence in Sicily, whither he was sent for the benefit of his health during the British occupation of the island in 1812 and 1813, James Stirling spent his life almost entirely at Keir. He was very fond of field sports, especially of coursing, but his prin- cipal occupation was agriculture and the breeding and rearing of cattle, and in these pursuits he was eminently successful. During his tenure of his pro- perty, he greatly embellished the grounds, both by forming considerable plan- tations, and by making the north and south approaches, the latter of which he carried on a bridge over Lecropt burn, and by building the two park lodges on the Crieff and Stirling turnpike road. To the mansion house he made two considerable additions on the western side, including the drawing- room and the gallery. Dying unmarried on 26th July 1831, aged sixty- four, he was buried in Lecropt church, and was succeeded by his brother,
ARCHIBALD STIRLING OF KEIR, 1831-1847. 81
XIX. 2. Archibald Stirling of Keir and Cawder.
[1831-1847.]
Archibald Stirling was born at Cawder on 2nd August 1769. Like former younger sons of the family, he went in early life to Jamaica, sailing for Montego Bay in April 1789. For nearly twenty-five years he was a planter there, on his father's estates of Hampden and Frontier. On his return home, he purchased from his brother Charles the estate of Kenmure, where he settled with his wife Elizabeth Maxwell, second daughter of Sir John Maxwell of Pollok, Bart, (whom he married on 1st June 1815), and resided there until her death, aged twenty- nine, on 5th September 1822. After that event he removed to Edinburgh, where he lived for some years in the house No. 24, Drummond Place, which he purchased. In 1831 he succeeded his brother James in the family estates, and resided at Keir with little interruption until his death, which took place somewhat suddeuly in the night of the 9th of April 1847. During these sixteen years, he devoted himself with great zeal to agricultural pursuits, and drained and improved large portions of his property, both at Keir and Cawder. Like his brother James, he also paid considerable attention to the breeding and rearing of stock, especially short-horned cattle. He completed the drawing- room and gallery, added to the mansion house of Keir, but left unfinished by his brother. At Cawder and Kenmure, he added considerably to the value of his lands by the discovery of iron, coal, and freestone, which are still extensively worked there. In the later years of his life, Ms West Indian property, like most others at that time, was greatly deteriorated in value; and he sold his estate of Frontier, which had sometimes produced a yearly return of £5000 for something less than £8000. As a landlord, Archibald Stirling was both liberal and beloved, and few men were more munificent in their charities. By his wife, he had three children —
1 . William, now of Keir.
2. Hannah-Ann, born at Kenmure on the 17th August 1816. She died unmarried at Carlsbad in Germany, on the 18th July 1843, and was buried in Lecropt Church. A monument has since been erected to her memory by her brother, in the old church-yard of Lecropt, which is now enclosed within the woods, at the south-east of the park at Keir.
82 WILLIAM STIRLING OF KEIR, 1847.
3. Elizabeth, born at Kenmure on the 24th August 1822. She died un- married on the 12th September 1845, and was buried in Lecropt Church on the 20th September. A monument to her memory was erected at the same time with that of her sister, in the old church-yard of Lecropt.
XX. William Stirling, now of Keir and Cawder.
He was born at Kenmure on 8th March 1818. He graduated B. A. at Trinity College, Cambridge, in 1839, and M.A. in 1843. He dis- entailed the family estates in 1849 ; and in 1852, he sold for about £2000 the estate of Hampden in Jamaica, the remaining portion | of a property which had for some years ceased to meet its expenses. He has made considerable alterations in the house and grounds at Keir, having removed the entrance from the east to the north, built a new set of offices, turned the old entrance hall into a library, and added a bay of five windows to the centre of the eastern front. The porch, gateway, and connect- ing arcade, and the terraces which surround three sides of the house, were likewise constructed by him, and he has added considerably to the pleasure- grounds. These improvements were chiefly effected between 1849 and 1851. He was elected M. P. for Perthshire at the general elections of 1852 and 1857. He is author of the following works —
Songs of the Holy Land. 8vo. London, 1847. Annals of the Artists of Spain (Plates). 3 vols. 8vo. London, 1848.
The Cloister Life of the Emperor Charles V. Fcap. 8vo. London 1852. Reprinted in 1852 and again in 1853. Velazquez and his Works. Fcap. 8vo. London, 1855.
Notices of the Emperor Charles V. in 1555 and 1556; selected from the Despatches of Federigo Badoer, Ambassador from the Republic of Venice to the Court of Bruxelles. Sm. 4to. London, 1856.
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BLANCHES OF THE STIRLING FAMILY.
I. STIRLING OF GAKDEN,
IN THE PARISH OF KIPPEN AND COUNTY OF STIRLING.
This branch is the nearest in male succession to the main line of Keir after Mr. Stirling Crawfurd of Milton, and his brother Mr. Stirling Stuart of Castle- milk and his family. It has existed since the year 1613 ; and in the course of its descent, has produced a successful lawyer, who attained to the dignity of the Bench, and a distinguished mathematician, who was the friend and correspondent of Sir Isaac Newton, and other eminent men of his time.
Garden, Gardenne, or Garden as it was frequently called, was acquired in the beginning of the seventeenth century, by Sir Archibald Stirling of Keir, from Sir James Forrester of Garden, whose family had possessed that estate for a considerable period. Garden was then of much greater extent than it is now. In Pout's Map of the Lennox, there are noted the East, Middle, and West Cardens. The old Castle or Tower of Garden has been demolished but the site is well known. It stood on a knoll, in a large marsh, about half a mile to the north-west of the present mansion house of Garden.1
The first Stirling who possessed Garden as a separate estate was —
I. Sir John Stirling, Knight, second son of Sir Archibald Stirling of Keir. Sir John was born about the year 1595, and on the occasion of Ms marriage in 1613, obtained Garden from his father. As Sir John's eldest son, Lord Garden carried on the line of the Keir Family, an account of both father and son is given under the Keir line. The eldest surviving son of Sir John was —
II. Sir Archibald Stirling of Garden, Knight, Lord Garden, an account of whom, as already stated, is given imder the Keir line. The eldest son of his second marriage was —
1 The Gallowshill of Garden was a little to the north of the old Tower. Old people at Garden remember the stone in which the gallows was fixed.
84
STIRLING OF GARDEN.
III. Archibald Stirling of Garden,1 who was born on the 21st March 1 651. He succeeded to Garden on the death of his father, Lord Garden, in 1668, in terms of a disposition executed by the latter in the previous year. Along with the Lairds of Keir, Ivippendavie, Touch, and Newton, this Laird of Garden was concerned in the rising in favour of the Stuart family in 1708, which was known as the ' Gathering of the Brig of Turk.' He was appre- hended and taken prisoner to London for examination before the Privy Council. Ou his way to London, he writes to his wife from Newcastle in May 1708 — ' The people as we pass, flockes in great numberes to gaise on ws, but they ' appeare to be vary civill by their prayeres for ws.' 3 He was imprisoned in Newgate till the July following,3 when he and his fellow prisoners were sent back to the Castle of Edinburgh. They were afterwards tried for high treason and acquitted.4 Archibald Stirling married, 1st, in April 1677, Margaret Baillie, only daughter of Sir Gideon Baillie of Lochend, and widow of Sir John Colquhoun of Luss, Baronet. 5 Of this marriage there was an only son, Archi- bald [IV.], who succeeded his father. Margaret Baillie died on 20th July 1679, and the following elegy, preserved at Garden, was written on the occasion —
As verteue, prudence, wisdome, goodnes, grace Are treue characters of this Gracious Guyd, So meeknes, loue, illustrating her place To be suprem, includeth all besyd.
So wee perceaue no splendor one can haue Will free them from fatalite of graue, Iff ought could plead exemption from that strok, Hir immence mynd adorn'd with sacred store Off select scantion, might the heauenes provok To pittie people that can plead no more.
Bot since nor grace nor verteue this can moue Wee most submit vnto the God of Loue. Wee sie her losse, may weal compared bee Vnto the fall off sum great fabrick fair, Which guylted ore shyn'd with excellencie Non to be seen that with it could compair Bot now decay'd : So shee whil hear below Had no compair for any thing wee know Itt is most sure she lived all her lyffe A most kynd Mother, Widow and a Wyffe. 6
Archibald Stirling married, 2nclly, contract dated 26th January 1686, Anna, eldest daughter to Sir Alexander Hamilton of Haggs, near Linlithgow, and
1 There is a portrait of him at Garden, marked ' Archibald Stirling of Garden, brother of Sir John ' Stirling of Keir.'
2 Letter at Garden.
3 Copy warrant by the English Privy Council.
4 State Trials, vol. v. p. 630.
5 One letter on the occasion of Margaret Baillie's first marriage to the Laird of Luss younger, and two letters from her brothers-in-law on the subject of her second marriage, are printed in the Correspondence.
6 There is a portrait of Margaret Baillie at Gar- den. She was the mother of Lillias Colquhoun, wife of Sir John Stirling of Keir, who was the eldest brother of Archibald Stirling of Garden. The wives of the two brothers were thus mother and daughter, the younger brother being married to the mother. A contemporary writer records, that Margaret Baillie was ' a pattern for temperance and ' modesty, and an exact instructor of her chil- ' dren.' [Law's Memorials, p. 89.]
85
Dame Mary Murray, his spouse. The tocher of Anna was ten thousand raerks Scots. : Mistress Anna Hamilton, Lady Garden,' was living on 8th March 1731, but she died before 20th January 1735. By her he had four sons —
1. James, who died before 1701. His sisters, Elizabeth, Anne, and Mary, were retoured heiresses of provision to him on 22nd May 1716.1
2. John, who acquired Garden from his eldest brother Archibald in 1718.
3. James, who was an eminent mathematician. A short notice of him will be found at the end of this account of the Garden Family.
4. Charles, who went to Kingston, Jamaica, and became a merchant there. In the family he was commonly called ' The Merchant.' He died, unmar- ried, after the year 1739. 2
These three sons, John, James, and Charles, had a bond of provision from their father, dated 19th December 1701. 3
Archibald Stirling and Anna Hamilton had also five daughters — 1. Marion, who was baptized on 2nd August 1690.4 2. Elizabeth. Her father writes to her mother from London on 8th of July 1708, that he and his fellow prisoners were to be sent to Edinburgh Castle — ' Let poor ' Lizie come in with you, for I would see her ther since I wanted her at ' parting.' She died young. 3. Margaret. She also died young, and was buried in the Greyfriars' Churchyard, Edinburgh, on 27th October 1701. 5 Her sisters, Elizabeth, Ann, and Mary, were retoured heirs of provision to her on 22nd May 1716.° 4. Anna, who died at Leadhills on 8th April 1747, unmarried. 5. Mary, who died unmarried.7 After possessing Garden for forty-eight years, Archibald Stirling [III.] died on 19th August 1715, aged sixty-four, and was succeeded by the only son of his first marriage,
IV. Archibald Stirling of Garden. He was born before 20th July 1679. In April 1706, he went to Barbadoes as private tutor in the family of Judge Walker, and in 1 709 became tutor in the family of Brigadier Thomas Alleyne,
1 Retour at Garden. daughters were all bora before 11th May 1692, as
3 Information from the late James Stirling of they are named in a bond of provision, in their
Garden when in his 84th year. favour, of that date.
3 Original at Garden. 5 Copy Funeral Letter, and Account of Funeral
4 Dunblane Parish Records. Marion must have Charges at Garden. 6 Retour at Garden, died before 11th May 1092, as she is not named in " Information from the late James Stirling of the bond of provision of that date; the other three Garden as before.
86 STIRLING OF GARDEN.
' one of the richest and greatest men in the Island,' where he was ' very civilly ' used, and lived as happily as any man in the Island.'1 He was served heir to his father, Archibald Stirling of Garden, on 20th November 1717. Archi- bald Stirling made over Garden to his next brother John, about a year after his succession. Archibald married at Barbadoes in 1712, Elizabeth Jones, widow of Mr. Eead of that island. An account of this lady is given in the following letter from him to his father, dated Barbadoes, 9 March 17ii —
The person I incline to marry is a widow of about 23 or 2-1 years old, a very good woman, and of very good sense and discretion, and very well born. The truth is, she has no great fortune (the most of what I can expect with her not being above 400£), but if I carry this business,2 I shall not much want money : and her education and frugality are better than a fortune. She never had a child, her former husband having died young, and being obliged to part from her presently after marriage, so that she goes by the name of the Maiden Widow. All my friends here, particularly the Brigadier, approve of my choice ; and I shall be very happy if you please to ap- prove of it too. I have represented nothing to you but the truth in this affair, and have omitted to tell you nothing material, save only this, that I can have several other ways of living very comfortably, in case this which I have mentioned should miscarry, for I have very good friends in this countrey. Now, Sir, as you have never crossed me hitherto in any lawful thing I inclined to, so I beg you wou'd not in this ; for, to tell the truth, I love the woman, as for the reasons above, so particu- larly for her good humor, and if I cannot be so happy as to obtain her, I believe I shall hardly ever make any other attempts of that nature. I had almost forgot to tell you her name, which is Elizabeth Read : her maiden name was Jones ; for in this country, as in England, women after they marry are always called by their husband's name, never by their own. Her former husband had a very good Estate in this Island, but did not live to enjoy it.'
Archibald, the eldest son of Archibald Stirling and Elizabeth Jones, was born on the 18th of March 1713 ; and his father writes in June following, that ' he is a very fine lusty child ;' and again in the July of the next year, that his little son ' is almost the very picture of my brother at Oxford. I ' pray God he may be as good a man as he is like to prove.' 8 James Stir- ling, the Mathematician, here referred to, writes to his brother John on 18th
1 Letters from Archibald Stirling (IV.) at Garden. 2 An appointment to a Free School. r> Letters at Garden.
ARCHIBALD STIRLING, 1679-1732. 87
April 1728, that their brother 'Baldy' was then in London in very reduced circumstances — ' I got him lately in to be a clerk, where he would have had ' £60 a year, but after they saw him old and using spectacles, and writing ' bad and slowly, they turned him out, and ever since he has been in the ' utmost necessity. . . . His eldest son has been a voyage to the East ' Inches, and in two or three years when he is stronger, I shall be able to get ' him in a midshipman, which will be enough to make him for his lifetime, if ' he be good for any thing.' The same letter concludes with a warm appeal to the writer's mother for clothing for poor ' Baldy,' who was an object of com- passion to the kind hearted mathematician. In the foUowing year, Archibald Stirling kept a school in London, the fees from which ' nearly maintained him,' as his brother James writes. There was another son, if not two, of this mar- riage, but all the sons died young. Archibald Stirling died in August 1732, leaving three daughters. An account of his death and family is given in the following letter from his brother James, dated the 12th of the same month —
' This is to let you know, that our brother Baldy dyed on Tuesday last. From the time that he angred me about going to Jamaica, till the time he fell ill, I had not seen him. When he begun to be apprehensive he sent for me ; I found him in a weak condition, but I never heard of any body in my lifetime that was so easy, and at the same time so sensible of his condition. He had been well enough supplied while he lay sick, and I assisted him from the time I knew of his illness, which was three weeks before his death. I sent his wife money sufficient to bury him in a decent manner. He has left three daughters, one of about 17 or 18, another of 10, and the youngest two years old. You know his death pays his debts, so it is like a beginning of the world to his wife. If any of our friends be inclined to help her in any manner, I shall be very willing to bear a share, altho' in proportion I believe I am before hand with any of them on that score. I am sure, since I was last in London, he has got at least £100 sterling of me, and was never 100 pence the better for it. For this while past, as I had not supplied him, he was much more diligent about his school, and lived much better than he used to do when he knew where to get a small matter when he wanted it. His wife is a strong healthy woman, able enough to work for herself, and her eldest daughter will be a help to her, while the other two are a burden.'1
1 Letter at Garden.
88 STIRLING OF GARDEN.
The youngest daughter was married to Mr. Layton, and had at least one son, Thomas Layton of Old Manse, Kinross, who died there on 23rd November 1836, leaving two sons and one daughter, viz. — (1.) David Stark Layton, surgeon, L.K.C.S.E. (2.) Thomas James Layton, M.D., Surgeon, K.N". ; and (3.) Margaret Anne Layton, married to David Syme, Esq., Sheriff-substitute at Kinross. The other two daughters of Archibald Stirling were Margaret and Sarah. The former died at Edinburgh about the end of the last century, unmarried. The latter was married to Mr. Adams, and died at Leadhills about the same time as her sister Margaret.
IV. John Stirling of Garden. On 21st November 1716, a decree was obtained against Archibald Stirling, eldest lawful son of the first marriage, and heir of line to the deceased Archibald Stirling of Garden, his father, and John Stirling, eldest lawful son of the second marriage, and heir of pro- vision and tailzie to the said deceased Archibald Stirling.1 John Stirling acquired Garden from his eldest brother Archibald in 1717. John married, contract dated 2nd December 1736, Grizell Graham, youngest daughter of Eobert Graham of Gartmore.2 They had three sons and two daughters — 1. Archibald, who succeeded to Garden. 2. Eobert, born on Friday, 9th, N. S. 20th, March 1739. He went to India in the military service ; and while returning home in bad health, died at the Cape of Good Hope in 1765, unmarried.3 3. James, born on Thursday, 4th, N. S. 15th, December 1740. He went to Jamaica as a planter, and died there young and unmarried.3 4. Isabell, born 12th January 1742; and 5. Ann, born 16th November 1747. Isabell and Ann died unmarried — the latter at Garden about the year 1825.3 Grizell Graham predeceased her husband in May 1751.*
John Stirling built the present house of Garden, about the year 1751, on the lands of Blairfeichau. The Old Tower of Garden was then pulled down and the materials used in building the new house.5 John Stirling- died about the year 1760, and was succeeded by his eldest son- —
1 Decree at Garden. i Letter from Anna Graham at Garden.
2 ' Our brother and good-sister are very hind, ami 5 Although some members of the Stirling family ' am pritty sure I could not wish that either he were born at Garden Tower, it was not generally ' could be happier in a wife nor us in a good-sister.' — inhabited. The family resided partly at their man- Letter from Anna Stirling, 4th Sep. 1738, at Garden, sion houses of Polmaise (now Stewarthall), near
3 Information from the late James Stirling of Stirling, Ochiltree, near Linlithgow, and in Edin- Garden. burgh.
ARCHIBALD STIRLING, &c, 1738-1856. 89
V. Archibald Stirling of Garden. He was baptized on 13th January 1738. When he was boarded with a friend in his youth, his aunt, Mary, wrote to his father that ' he is a gentle sweet lad.' x He succeeded his father in Garden about the year 1760. At that time and previously, he assisted his uncle James in the management of the mines at Leadhills, and on the death of his uncle, he became sole manager. He purchased the estates of Arnmore, Arnfinlay, and Arngibbon, all adjoining Garden. He executed an entail of the estate of Garden on 22nd November 1816, and recorded in the Kegister of Entails on 21st December following. After James Stirling, his only son, and Ann Stirling, sister of the granter, he nominated the second son to be born to Archibald Stirling of Hampden, in the Island of Jamaica, after- wards of Keir, and also William, John, James, Charles, and Sylvester, the second, third, fourth, fifth, and sixth sons of John Stirling of Kippendavie, and the second or other younger sons of Patrick Stirling, his eldest son. In the event of there being only one son existing for the time in any degree or genera- tion, it is provided by the entail, that such only son may enjoy both estates of Garden and Keir, or Garden and Kippendavie, during his life, or until he had a second son who should attain the age of twenty-one years, when Garden should devolve on him. From the terms of the destination in this entail, it is clear, that at the date of it there were no nearer heirs-male of the Garden family, known to the maker of the entail as then existing, other- wise they would have been nominated preferably to the younger sons of the Keir and Kippendavie families. Archibald Stirling married in 1772 his cousin, Christian, daughter of James Stirling the Venetian. He died at Garden in January 1824, aged eighty-seven, and was succeeded by his only son —
VI. James Stirling of Garden. He was born on 3rd September 1772. He piu'chased the estate of Arnprior, adjoining Garden. During his posses- sion of the estate of Garden, he greatly increased its value by extensive and judicious improvements, having expended nearly £40,000 since his succession in 1824. He was regarded by his tenants as one of the best landlords in the district. He died on 20th June 1856, aged eighty-four, having married in
1 Letter at Garden.
M
90
STIRLING OF GARDEN.
January 1844, Isabella Monteith, who survives him;1 and was succeeded by his only son —
VII. James Stirling, now of Garden — He was born in 1844.
1 The Editor is glad to take this opportunity of expressing his thanks to Mrs. Stirling of Garden for the great assistance which he received from her while investigating the family papers at Garden, and collecting information relative to different mem- bers of the family. The best thanks of the Editor
are also due to Thomas Barty, Esq., Dunblane, for the great trouble he has taken in furnishing infor- mation regarding this branch. Mr. Barty has for many years been factor on the Garden estate, and was an intimate friend of the late Mr. Stirling of Garden.
Slrmorfal Bearings,
Shield: Argent, on a Bend azure, three Buckles or; in chief, a crescent, gules. Crest: A Moor's Head in profile. Motto: Gang Forward.
JAMES STIRLING, THE MATHEMATICIAN,
COMMONLY CALLED THE 'VENETIAN.'
He was the second surviving son of the second marriage of Archibald Stirling of Garden (III.), and grandson of Lord Garden. He was born before 11th May, and baptized on 1st August 1692, and was the second son of the same Christian name, his eldest born brother, James, having died in infancy. It is believed that James Stirling was first educated at Glasgow. When in his eighteenth year he went to the University of Oxford. This was either in the end of December 1710, or in the beginning of the following year. During his journey to London, preparatory to joining the University of Oxford, James Stirling writes to his father, from Newcastle- under-Lyne, on the 18th of November 1710 — ' We are within 116 miles of London.' ' We have been all very well since we came away, and the foil rids very ' well, and hath a very good stomach.'1 After reaching London, he writes to his mother on the 12th of December — ' I spent as little money on the road as I could. ' I could spend no less, seeing I went with such company, for they lived on the ' best meat and drink the road could afford. Non of them came so near the price of ' their horses as I did, altho' they kept them 14 days here, and payed every night ' 16 pence for the piece of them.' . ' There is no fear of ill company here,
' since I have non but ministers.'2 Being at length established at Oxford, he writes to his father from thence on the 20th of February 1711 — "' Every thing is very dear ' here. My shirts coast me 14 shillings Sterling a piece, and they are so course I ' can hardly wear them, and I had as fit hands for buying them as I could.' ' We have a very pleasant life as well as profiteable. We have very much to do ; ' but there is nothing here like strickness. I was lately matriculate, and with the ' help of my tutor, I escaped the oaths, but with much ado.'3 In another letter to his father, dated Oxon, 20th March 1712, James Stirling writes — [ I doubt not but you ' have heard of Bannockburn's marriage to Mar's sister. The 18th of this month ' dyed my Lord Glanies at London of the small pocks, just as he was setting of for ' his journey to Scotland, as honest a young gentleman as ever our country produced, ' and one that was no litle admired while he was here by the most competent judges ' of the University for his learning, to which he applied more closs than is usual for ' persons of his quality.'*
1 Letter at Garden. 2 Ibid. 3 Ibid. * Ibid.
92 STIRLING OF GARDEN.
Chiefly through the interest of the Earl of Mar, James Stirling was, in 1711, nomi- nated one of Bishop Warner's Exhibitioners in Baliol College.1 Archibald Stirling, the elder brother of James, congratulates their father on having obtained the nomi- nation — ' I am very glad to hear that my brother James has been so lucky as to get ' a presentation to an Exhibition at Oxford, where he will have an occasion of the ' most polite education in the world ; and I hope in God he will improve it to the best ' advantage.'2 James Stirling continued for five years at Oxford, where he obtained a high reputation as a distinguished mathematician. He was expelled the University in 1715, for his correspondence with the Garden and Keir families, who were keen Jacobites. He afterwards resided for several years at Venice, as a professor of mathe- matics. During his residence there, and subsequently, he corresponded with Sir Isaac Newton and other eminent mathematicians. There are peserved at Garden a few let- ters written to and by James Stirling, the remains of a larger collection, unfortunately destroyed. Amongst them are letters from Maclaurin, Cramer, Euler, Bernoulli,8 Klingenstiern, Castel, Bradley, dimming, Campailla, Machin, Folkes, and Clairaut, chiefly written between 1728-1738. One is as late as 1747. As specimens of that correspondence, one letter to James Stirling, and another by him, are here quoted —
Gabriel Cramer,4 Professor of Philosophy at Geneva, to James Stirling the Venetian,
20th June 1729.
Viro Clarissimo, Doctissimo Jacobo Stirling, L. A. M. et R. S. Socio, Gabriel Cramer,
S.P.D. Domintjm Klinguestierna Matheseos Professorem Vpsaliensem, amicum meum intimum, eo digniorem esse familiaritate tua intelliges, quo tibi intimius innotescet. Is cum apud Germanos hand vulgaris Mathematici famam reportasset et a Johanne Bernoullio mihi magnopere commendatus mecum Parisiis degeret ; in Angliam profecturus est ut
1 Copy Nomination at Garden. It appears from letter James Stirling acknowledges the generosity of a letter from the Earl of Mar's secretary, that he Newton, and it seems to bear out the statement of paid a guinea of ' drink money for the nomina- the author of the Life of Sir Isaac, that ' he gave tion.' ' money to Stirling, and brought him from Venice.'
2 Letter, dated Barbadoes 25th August 1711, at lb. p. 411, N. 4.
Garden. * Gabriel Cramer was born at Geneva in 1704.
3 Sir David Brewster, in his Life of Sir Isaac He was Professor of Philosophy there, and died in Newton, has printed a letter addressed to Sir Isaac 1752 at Bagnols. He edited the works of John ' from the Scotch mathematician, James Stirling, and James Bernoulli, and wrote a great number ' who met with Nicolas Bernoulli when he was at of works, of which a list will be found in the ' Venice in 1719.' Vol. II. p. 300, N. 3. In that ' Histoire Lilteraire de Geneve' of Senebier.
JAMES STIRLING, THE MATHEMATICIAN.
93
Matheniaticorum, tuique in prmiis, consuetudine uteretur. Vbi tuuin in me amorem intellexit, confidit his meis Uteris se apud te gratiosurn fore ; quae ne spes eum fallat vehementer rogo te : sed ut ad earn volvmtateni quant tua sponte erga ipsum habiturus esses, tantus cumulus aecedat commendatione mea, quanti me a te fieri intelligo : hoc mihi gratius facere nihil potes. Vale.
Dabam Genevse ad diem 20 Junii 1729. To Mr. James Stirling, F.R.S. at the Academy in Little Tower Street, London.
James Stirling to Louis Castel, July 1733.
Doctissime Celeberrimeque Vir,
G-ratias ago rnaxinias propter epistolam quam nuper ad me scribere dignatus es, cui certe responsum antehac dedissem si per varia negotia licuisset. Commentaria Trivol- tiensia ad manus meas nondiun pervenere ; fateor tamen me pluribus nominibus tibi devinctum propter ea quse in aliis tuis operibus de me scripta videram. Cur ego ad amicum communem D. Ramsay ea scripsi quse tibi paulo liberius dicta videntur, in causa fuit tua erga me publice attestata benevolentia, quam certe credebam me satis remunerari non posse, agnoscendo librum tuum de gravitate esse multiplici eruditione refertam, si non libere etiam tecum communicarem objectiones quasdam, mea opinione haud male fundatas ; hoc enim ni fallor non minus quam illud munus est amici.
Quantum ad sequalitateni arearum circa centrum virium, ego in pagina 539 tui libri credebam C R fuisse errorem prseli, siquidem nulla istius modi linea extat in scheniate, et pro eadem legebam C c.1 Et procul dubio opportet C R et Co esse imam atque eandem, tarn magnitudine quam posi- tione, nisi fingas duas esse vires centripetas ut in tua epistola. Rii supponis denion- strationem Newtoni pro sequalitate arearum circa punctum S, dein profers propriam pro areis circa punctum T : quam ais tam veram esse quam earn Newtoni : quod ego libenter concedo. Nam si, existente S centro virium, arese circa idem aquales sint per demonstrationem Newtoni ; annon per eandem demonstrationem arese erunt requales circa aliud quodvis punctum T modo idem supponatur esse centrum virium ? Sed quid
1 The two figures in this letter are engraved from the original drawings by James Stirling
94 STIRLING OF GARDEN.
hoc ad nostrain controversiam ego sane nondum percipio. Tuum est demonstrare areas esse sequales circa punctum quod non est centrum virium, alias inconcussa manebit Veritas propositionis Newtonians.
Inquis me, si perlegerem paginas 531, 532, &c. ' Sensurum non in solo trium " linearum non parallelarum parellelismo rem stare, sed in ipsa prsecipue curvarum ' geometricarum natura, quarum latera infinitesimalia sunt omnino indeterniinata ut hoc ' vel illo modo physico resolvantur in determinationes laterales numero infinitas.' Sed post lectas sedulo paginas mihi recommendatas, minime sentio rem stare in natura curvarum, etiamsi resolvi possint in latera infinitesimalia ad libitum. Et si C II et C c supponantur non coincidere, erunt duse vires centripetse, quo in casu nihil probari potest contra Newtonum. Ut autem coincidant est impossibile, quoniam S A et T A non sunt paral- lels. Revolvatur jam corpus in semicirculo ADB, cujus centrum C, et E punctum quodvis in diametro AB, cui normalis sit CD. Dico impossibile esse areas circa puncta C et E descriptas esse tempo- ribus proportionales. Sit enim si fieri potest. Itaque ex hypothesi erit ut tempus quo arcus AD de- scribitur ad tempus quo arcus D B describitur, ita quadrans A C D ad quadrantem D C B ; et eadem de causa ut tempus quo describitur arcus A D ad tempus quo describitur arcus D B, ita area A E D ad aream DEB; unde, ex aequo, ut quadrans ad quadrantem ita sector A E D ad sectorem DEB, unde, ob quadrantes ejusdem circuli sibi invicem aequales, erit area A E D squalls DEB. Quod est absurdum, nam prior excedit quadrantem, posterior vero ab eadem deficit triangulo C D E. Haec autem deducitur consequentia non arguendo a finite ad infinitum, aut ab infinitesimali ad finitum, sed argumentando per asqualitatem rationis. Et in quacunque curva deferatur corpus, geometrice semper demonstrari potest, impossibile esse ut area circa duo puncta descriptas sint temporibus proportionales.
Ais veram esse observationem Kepleri, et veram esse demonstrationem Newtoni, sed non vere applicatam huic observationi : quod ultimum velim ostendes. Deincle ais, ' punctum S centrum esse ita demonstratur, ut centrum sit et T eodem modo, et ' quodvis punctum aliud, nullum enim est ad quod non dirigitur vis centripeta, ut ' ipse adstruit Newtonus, varias versus varia puncta curvas definiens vires centripetas.'
Newtonus ut demonstret vim, qua planetse retinentur in orbibus, tendere ad centrum Solis, ostendit per prop. 2, lib. 1, corpus omne quod movetur in curva, et radio ducto ad punctum immobile ducto describit areas temporibus proportionales, urgeri a vi centripeta
JAMES STIRLING, THE MATHEMATICIAN. 95
tendente ad idem pmictum : quumque Keplerus observasset planetas desoribere areas circa solem teinporibus proportionales, concludit vires quibus planetse retinentur in orbibus tendere ad centrum Solis. Et base est legitima argunientatio ; quoniam unicum tantmn est punctum circa quod arese descriptae sunt teinporibus proportionales. Unde constat nee punctum T, nee aliud quodlibet, probari posse centrum virium, nisi prius observetur areas circa idem descriptas esse temporibus proportionales.
Newtonus definivit legem vis centripetae tendentis ad punctum quodvis in genere, at exinde non sequitur eum adstruere vim centripetam tendere ad omnia puncta ; e contra, tota vis demonstrationis propositionis lma! Lib. 1, de sequabilitate arearum, pendet ex hoc, quod vis centripeta dirigatur ad unicuni punctum idque immobile. Nam si dirigeretur ad punctum mobile, vel ad duo aut plura puncta, propositio esset falsa. Et si vis centripeta tenderet ad duo puncta immobilia, turn triangulum confec- tion lineis jungeutibus puncta ilia duo et centrum corporis moventis describeret solida proportionalia teinporibus, ut paucis ab hinc annis invenit D. Machin. Lex autem pro pluribus centris quam duobus nondum est reperta : sequalitas arearum ad unicum cen- trum pertinet. Inquis plerasque Newtoni assertiones esse geometrice veras et pbysice falsas ; hanc distinctionem fateor me non capere : nam secundum me assertio Geometrice vera est propositio demonstrata ; haec erit semper et ubique vera, nee falsa pbysice aut metaphysice, aut alio quovis modo. Fieri quidem potest propositionem Geometricam in rerum natura locum non habere, propter aliquam suppositionem quaa in natura non est, sed inde non sequitur propositionem esse falsam. Exempli gratia, si nulla existat linea absolute recta in rerum natura, turn nullum extabit triangulum cujus tres anguli sequantur duobus rectis ; attamen est propositio vera, non solum geometrice sed et in omnibus scientiis, quod tres anguli trianguli asquantur duobus angulis rectis modo latera ejus sint linea3 rectte. Si tantum velis, non sequi conclusiones geometrice in- ventas existere, nisi per experimenta vel observationes eonstiterit, hypotheses quibus innituntur haa conclusiones existere, inficias non ibo.
Si habes opusculuni apud te quo physica Newtoni tota convelletur, oro te meo et omnium nostratum nomine, ut eundem illico niandes prselo, neve patiare Newtoni re- verentiam te cohibere a propaganda veritate, cujus amor apud nos antecellit reveren- tiam qua colimus mortalium quemvis.
In conclusione dicis 1™° sine ulla vi centripeta, et sine ullo centro, aequabiles esse tamen areas circa punctum E. In cujus contrarium aio demonstrationem Newtoni in eo fundari, quod sit vis centripeta continue agens, et quod vis Ola semper tendat ad unicum immobile centrum. Secundo dicis infinita esse puncta circa qure hasc vigeat inaequalitas ; hujus autem impossibilitas geometrice demonstrari potest, de quo itaque
96 STIRLING OF GARDEN.
non est mihi disputandum. Adeoque post omnia quae ad me scripsisti, non pereipio
propositionem fundamentalem Newtonianae Systematis ruere ; ignoscas interim oro si
tibi assentire nequeo, et obsecro ut tu legas banc epistolam eodem animo quo ego
eandem scripseram. Quod superest valeas illustrissime Vir, meque tibi devinctis-
simum et obsequentissimum eredas.
Jacob: Stirling. Londini, Julii 1733, S. V.
Reverendo Patri Domino Ludovico Castel.
Obliged to fly from Venice, in consequence of his having discovered the secret of making plate glass, and the glassniakers wishing to get him assassinated, James Stirling returned to London about the year 1725. He continued to reside there for about ten years, during the greater part of which period he was connected with an Academy in Tower Street. Besides his scientific correspondence at this time, a spe- cimen of which has just been quoted, James Stirling also corresponded with his rela- tives in Scotland. His letters are always written in a pleasant lively style, as extracts from the originals at Garden will show. On 5th June 1725, he writes to his brother John, that he is to prepare several papers of his own for the press ; and that ' Sir Isaac Newton lives a little way off in the country. I go frequently to see him, and find him extremely kind and serviceable in every thing I desire ; but he is much failed, and not able to do as he has done. Mr. Stanhope is not here ; I can't get information where he is. But I have already got a new patron, from whom I expect good things. He has a brave heartsome house of young ladies, with whom I spend some idle hours at cards. Dr. Fullerton is my very good friend. He may prove an useful acquaintance in case of necessity. But it shall be far against my will to trouble him. He is, I am sure, the happiest man out of heaven, and all his happiness proceeds from his wife, who is fieither well-favoured nor well shaped, but the best creature under the sun . . . My first coming to town was expensive, but now I have gotten into a cheaper way of living, after I have gotten acquaintance in private houses, where I divert myself at no expences much better than at the play house or tavern with a comerade. The Lady Pobnais marriage is now stale to me, else it might [have] afforded matter for a droll enough letter. Since she has got a thousand pounds jointer, I think it's the less matter. I hope [she] shall have a long tack of that to lay up for her children after the Colonel is in the Elysian Fields. As for the provision for the children, I am pretty easy about that, for I presume they sha'nt be numerous, unless some well hained Dominie lend the Colonel a helping hand in his old age. I wish they would produce a pretty little Camcronian to make a minister
JAMES STIRLING, THE MATHEMATICIAN. 97
of, and to be a Deity of my good friend the old Lady Keir. I suppose they live at Culross. I should be sorry if the young Ladies left their mamma ; they had best rather dispense with a long grace and a pickle prayer now and then. I had a letter from Mrs. Anne at Cader since I had yours ; among other things she gives me the same account you did of Lily Colqhun. I am glad that am out of the way to give her an opportunity of discharging her malice, which lay hidden before, and was a heavy load on her heart, for I observ'd it often made her blood boyll. There is no love lost between us ; I shall forgive her all on condition that Craigends and Colonel Erskine and she dance a. reel together, but I would like to have one stroak at her or she dyes. She would deny all if we were face to face.' James Stirling writes to his brother John, on 23rd October 1725 — 'I drank all your healths with him ' (' the mickle Laird's brother ') ' the tother night. For my part, I am living neither in great plenty nor poverty, but still keeping the bins green and the heart as merry as I can. I want nothing that you could send, but a little news about honest Colonel Erskine, to make me laugh, or if there be any new scene of mirth arisen among you, pray communicate it.' 'If the God's have let daft Shon live to this time, my respects to him, and pray let me know where he is, and how he is. I should be glad of the like of him, but that's not to be got in all London.' In another letter, dated 22nd July 1729, James Stirling refers to the Laird,' who from other allusions in the letter, was probably his younger brother
Charles, although the reason for calling him the Laird does not appear : James says, I have not got the Laird off my hands yet, his writing improves but slowly, else he might have been provided for before this time. He lives here in our house, and sometimes we have some fun with him, especially when he plays at cards, he talks very learnedly on History, Genealogies, and Cookry, but above all things on man midwifery, which makes him a great favourite of married ladies, and so he may well be, for let there be never so many young ones in company, he always picks out a married one to pay his compliments to, especially if she be with child, and after asking a few modest questions, he very learnedly solves all doubts.' . . ' The other
day Mr. Farquharson, who was lately tutor to Lendrick's children, has marryed my Lord Montjoy's widow, who has £1300 a-year jointer, and an immense sum at her own disposal. Such things happen often here, and never fail to put the Laird mad.'
On the 19th May 1730, James Stirring writes to his brother — ' I must tell you that I think your censure on another person very hard. When a woman of her years never having been marryed, lived in the house with a young gentleman, and had all opportunities of conversation with him ; is it so strange a thing that they should
N
98
STIRLING OF GARDEN.
contract a liking for one another, and that by degrees this should grow into down- right being in love ? I own that at first sight the thing does not seem so honourable, as he was her chaplain, but I have heard of many ladies actually marrying their chaplains without incurring the tenth part of the scandal which happened to her for barely shewing her inclination that way. The other day here my Lady Mountjoy marryed Mr. Farquarson, the Earle of Essex's sister marryed a dancing-master, the Countess of Winchelsea marryed a poor wine merchant. These things happen daily here without the least censure, even betwixt the greatest ladies and the meanest of men. And pray you, suppose she had marryed him, is he not a gentleman tho' I own inferior to her, but is not that sufficiently recompensed by the disparity of their ages, which is as great an advantage on his side as the superiority of her blood is on hers ? And for her familiarity with him, it is no more but a necessary conse- quence of her affection, and I suppose consisted in such small trifles as could be no shame to either of them unless they had been maliciously made publick, and such as passes between any two persons that have honourable designs on one another. I don't find that her cordials, much as they are talked of, have produced such indecent actions to the light as the Trooper's did, relating to her amours. And let me tell you, that if a certain young gentleman who never smelled powder had not been pre- ferred to a certain pretty man who has fought for the King, we should have heard less of this. Indeed the taking Tough to Dunfermling was a rash action, but very excusable. Consider it was done as a means to restore to her arms him that was most dear to her, and at the sametime to revenge herself on those, who in a most inhumane manner, caused the separation. I wish ye may agree better for the future, or at least have better reasons to allege on your side for quarrelling.' James Stirling was appointed, about 1735, manager for the Scots Mining Company, of the mines at Leadhills. Learned as he was in mathematics, and highly qualified as it will be seen he was for managing these important mines, a task which had baffled his predecessor, James Stirling confesses to an utter incapacity for the humbler duty of superintending his own household affairs at Leadhills. In a letter to his brother John, dated from thence on 21st September 1738, he says — ' I came here on 1 Tuesday last, and am but since that time begun to be a housekeeper ; and altho' my ' family consist but of a man and maid, yet I am certain they will live and eat and ' drink as they please, for I have neither leisure nor capacity to look into household ' affairs. So, if you could prevail upon one of our sisters to come along with you to ' once sett things on a right footing, I should not desire them to stay all the winter ' here unless they chose it themselves.'
JAMES STIRLING, THE MATHEMATICIAN. 99
An interesting account of his management, as well as that of his successor, Archi- bald Stirling of Garden, his nephew and son-in-law, is contained in the ' Modern His- 1 tory of Leadhills,' which appeared in the Gentleman's Magazine for June 1853.
It appears from that account, that at first the superintendence of the mines was committed to Sir John Erskine, who had been instrumental in establishing the Scots Mining Company ; but he seems to have been little fitted for the office, and the prospects of the undertaking were for a time any thing but encouraging. ' A change ' in the management, and the judicious appointment of Mr. Stirling, ' a gentleman of ' great talents, as agent, soon produced a complete alteration in the state of affairs ; ' and from that period, his exertions and those of his successors, Mr. Stirling of ' Garden, and Mr. Irving, afterwards Lord Newton, secured to the company most ' ample returns for its capital till nearly the present day.
' Mr. Stirling brought to the task he had undertaken not only the highest scien- ' tific skill, but remarkable administrative talents ; and it is to a code of rules and ' regulations drawn up by him shortly after he came to reside at Leadhills, that the ' village owes not only the greater part of its prosperity, but most of its singular and ' peculiar characteristics.
' He divided the workmen into four classes — miners, labourers, washers, and 1 smelters.
' The first class were employed exclusively in getting the ore, or in forming the ' necessary shafts and adits. In the latter case, they were paid according to the ' number of fathoms cut ; in the former, by the tons of smelted lead raised by them. ' The rate of payment for these, varied according to the nature of the rock and the ' richness of the vein. The miners were divided into companies of eight men each, 1 to whom a particular locality in the works was assigned. As the dimensions of the ' workings only permitted two men to work at once, it followed, as a matter of course, ' that each was only engaged for six hours below ground. They were therefore ' relieved at noon, midnight, and six o'clock, morning and evening. Shortly before ' these hours, the men who were to go down, assembled in a room called the Ren- ' dezvous, when the overseers saw that they were all present. There was an important ' reason for this. The men did not descend the pits by ladders, but were let down ' and pulled up by ropes, attached to windlasses worked by their comrades. It was ' therefore necessary that both sets should be at the pit at the same time, in order ' that they might mutually assist each other. No buckets, such as we see in coal- ' pits, were used, but a knot having been made in the cable, the right leg was thrust ' through it ; the rope was then grasped between the left arm and the sides ; the ' candle, inserted in a ball of clay, was carried in the left hand, and the right used in
100 STIRLING OF GARDEN.
' fending off the sides of the shaft. This has been pronounced by the most competent ' authorities to be much the safest mode of letting the men down ; and certainly, ' accidents dming this process were almost unknown, while several have occurred, ' since ladders and buckets were introduced. With the view of affording a system ' of provision for old age, a regulation was introduced, by which a man who had be- ' come less able for his work from age or ill health, was allowed to introduce a young ' man into the bargain as his assistant. The two certainly obtained only the share ' of one able miner ; but the junior was glad to accept a comparatively small portion, ' as he was instructed in the business, and all vacancies in the regular body of the ' miners were filled up from these assistants. In fact, the regulation permitted each 1 of the elder miners to keep an apprentice.
' The labourers were considered unskilled workmen, and were employed in con- ' veying the ore obtained by the miners to the foot of the pit, where it was raised by a ' horse-gin in some cases, and in others by a windlass, which they worked themselves, ' and laid in heaps at the mouth of the shaft, the produce of each company of miners ' being kept by itself. The employment of this body of men was more irregular than ' that of the miners, and they were paid either by day's wages, or contracted for the ' bringing of a particular parcel of ore to the surface.
' The washers were employed in pulverizing the ore and separating it from impurities. ' For this they were paid per ton of smelted lead. They had under them a number ' of boys, who were chiefly occupied in pounding the lead with broad flat hammers, ' a process which has more recently been performed by machinery. From these boys ' the assistant miners already referred to were selected. Allan Eamsay the poet, ' who was born in the village, and is its literary celebrity, began life in this capacity. ' The fourth and last class were the smelters, who were very limited in number. ' Till the commencement of the present century, they were generally strangers brought ' from England, the necessary skill not having been acquired by the native workmen ' till about that period. They were also paid by the piece. They usually began work ' at an early horn- in the morning, and left off about eleven o'clock in the forenoon. ' Under these regulations you will observe, that the working hours were very short, ' and a large portion of their time was left at the disposal of the workmen. Another ' rule provided for the equitable distribution of this among the men. By it, it was ' arranged that those who went below ground at midnight during one week, should do ' so at six in the morning the nest, and so on in rotation. It is to the use made of this ' unoccupied time that the village owes the remarkable appearance it presents of a green 1 oasis among the surrounding heath. By the mining leases, Lord Hopetoun became ' bound to furnish the company with the ground requisite for the houses and yards of
JAMES STIRLING, THE MATHEMATICIAN. 101
their workmen. The word yards was, without doubt, originally intended to represent no more than a small garden attached to each cottage ; but it came by degrees to re- ceive a much more liberal interpretation, the Hopetoun family having allowed every miner to occupy as much waste land as he could reclaim and keep in cultivation by the labour of himself and family. To these agricultural operations, which were en- tirely carried on by the spade, the unoccupied time of the miners was devoted. It also happened, that the company, instead of erecting houses, permitted the men to build them for themselves. There thus arose an ill-defined right, a sort of quasi property, in these lands and houses, and the miners have for more than a century been allowed to sell and transfer them to their neighbours, under the control and supervision of Lord Hopetoun's local agents. The result of this system has been the irregular and picturesque character of the village, where every man has built his house after his own ideas, and the green and cultivated appearance of the environs. The latter is in- deed the more remarkable, when we recollect that the soil around Leadhills is of the poorest description, and that this village is situated in latitude 55° 28' N. and at an elevation of nearly 1300 feet above the sea. In spite of these disadvantages, above a mile square has been reclaimed from barren heath since 1731, and its annual pro- duce has been calculated at not less that 10,000 stones of hay, and the same weight of potatoes, independent of a small quantity of oats. These yards provide the winter fodder for the cows of the villagers ; and to supply their summer wants, the Company leases an adjoining farm, the rent of which is divided among the miners according to the number of cows kept ; and the expense of this averages about 10s. 6d. a-year for each cow. In addition to this, most of the miners purchase in the summer a sheep or lamb, which they fatten on their yards, and kill towards the end of the year. Pigs are seldom kept, not from any want of means to do so, but from other causes. Till a very recent date, a Judaical prejudice against the use of bacon, as food, existed among the peasantry of remote districts of Scotland, from which Leadhills was not exempt. Independently of this, the soil is impregnated to a certain extent with minute particles of lead, which have the most injurious effects on the lower animals, and to their noxious influence, a grubbing creature like a pig is, of course, peculiarly exposed. For the same reason poultry are unknown, while dogs and cats are less numerous than in other places.' 1
1 A trait of the times is preserved in a note from ' George Atchison to come along "with the rest men- James Stirling to his clerk at Leadhills, dated at ' tioned in the letter, to help Water-Meetings out Edinburgh, 28th January 1745, in which he says — ' with two bottles of Shrub in Punch. Be sure to ' Take Thomas to my sisters and Whitfield and ' have James Eeid of the party ; and if I hear that ' Whigham and give them a bole of punch.' In a ' one of you goes home sober, I will seek another P.S., the clerk is told 'to desire Henry Otto and ' Clerk when I come home.' (Letter at Garden.)
Mv.fflJ
102 STIRLING OF GARDEN.
The writer in the Magazine explains, that the mines at Leadhills have, like those at other places, been to a great extent worked out. ' As long ago as the year 1800, ' Mr. Stirling of Garden, the nephew and successor of the mathematician, to whom ' we have already referred, as agent at Leadhills for the Scots Mining Company, a ' most competent authority, stated that the Hopetoun family and their lessees had ' taken as much lead out of the interior of one of the hills, which bound the basin at ' which the village is situated, as would pave the surface of it with guineas set ' on edge.'
James Stilling died at Edinburgh on 5th December 1770. He married Miss Wat- son, daughter of Mr. Watson of Thirtyacres near Stirling, and left an only daughter, Christian, who was married to her cousin, Archibald Stirling of Garden (V.) She died in childbirth of her only, son, the late James Stirling, Esq. of Garden.
The following, is a list of the Scientific Works of James Stirling —
Linese tertii ordinis Neutonianae sive illustratio tractatus D. Neutoni de Enumeratione Linearum tertii ordinis. Cui subjungitur Solutio trium problematiun : Authore Jacobo Stirling e Col. Ball. Oxon. 8vo, Oxoniae : e Theatro Sheldoniano ; impensis Edvardi Whistler, Bibliopolfe Oxoniensis, 1717. Title and one leaf of Dedication, pp. 128, 19, and 4 leaves of Subscribers' Names. The Book is dedicated to the Cavaliere Nicolas Tron, Envoy from Venice to the Court of St. James'.
Methodus Differentialis : sive Tractatus de Summatione et Interpolatione Seriermn Infinitarum. Auctore Jacobo Stirling, R.S.S. 4to, Londini : Typis Gul. Bowyer ; Impensis G. Strahan ad Insigne Globi aurati e regione Excambii Begalis mdccxxx. Title and two leaves of Preface, pp. 153.
This work was translated into English by Francis Holliday, Master of the Gram- mar Free-School at Haughton-Park, near Retford, Nottinghamshire. 4to. London. Printed for E. Cave, at St. John's Gate, mdccxlix. Mr. Holliday says in his Preface to the Reader, that ' it is needless for me to say any thing in commendation of the ' celebrated author's treatise, the character of which is so well established, and its ' general method for summing and interpolating series so clear and elegant, that it is ' deservedly esteemed one of the best performances of its kind.'
Of the Figure of the Earth, and the Variation of Gravity on the Surface, Phil. Trans. 1735. Abr. viii. p. 26.
Of a Machine to Blow Fire by the Fall of Water, Lb. 1745. Abri. ix. p. 109.
There are at Garden, two volumes quarto, holograph of James Stirling, of a Trea- tise by him on Weights and Measures. The first volume is in two parts. Part I. contains pp. 96, and folios 134 ; the second volume contains folios 155.
II. STERLING OF KIPPENDAVIE, IN THE PARISH OF DUNBLANE AND COUNTY OF PERTH.
This branch was established about the close of the sixteenth century, by Sir Archibald Stirling of Keir (No. XIII. 2.), who gave Kippendavie and other lands, by a charter dated 5th August 1594,1 to his tbird son Archibald. From this Archibald has descended a numerous progeny, several of whom have, during the present century, acquired separate estates, and founded distinct families. On 16th April 1622, Archibald Stirling of Kippendavie was received and admitted a burgess and guild brother of Stirling.2 He married Jean, daughter of Sir George Mushet of Burnbank, Knight. Their contract of mar- riage is dated 21st November 1618. Her tocher was 6500 merks Scots.3 He died between 23rd April 1645 and 17th April 1646, leaving two sons and five daughters — 1. George. By the will of Archibald Stirling of Kippen- davie, made at Auchinbie on 23rd April 1645, he being then c seik of body ' and of perfyte memorie/ he left his ' eldest lauful son George to the Laud ' of Keir, Sir George, quham I nominate and appoint tutor and guyder to ( him in special!'4 George is called eldest son of Jean Mushet, ' Ladie ' Kippendavie,' relict of Archibald Stirling of Kippendavie, in bond of pro- vision by her to her daughter Grizell, dated 17th April 1646. He must have died without issue, as his brother John succeeded to the estate. 2. John, who succeeded; the daughters were — 1. Grizell: In the said bond of pro- vision by her mother, Grizell is called her eldest lawful daughter, ' and ' that she is not sufficientlie provydit with ane competent meanes according to ' hir birth, Thairfore and for the motberlie love and affectione quhilk I have
1 Charter in Kippendavie Charter Chest. ' forward.' The shield on the sinister side bears a
2 Burgess ticket, ibid. cheveron ermine. Above are the initials ' I. M.,' and
3 In the front of a modern building, over the the motto, ' I thank my God.' Below the shields is vaults of the old Mansion House of Kippenross, the date 1617. These are probably the arms of there is a stone with two shields. The shield on Archibald Stirling and Jean Mushet. The stone the dexter side bears a bend, charged with three had been removed from Kippendavie to Kippen- buckles, and a crescent ou the sinister chief point. ross.
Above are the initials ' A. S.,' and the motto ' Gang l Will in Kippendavie Charter Chest.
104 STIRLING OF KIPPENDAVIE.
' and carie towards the said Girsell, and for certayne uther good causes and ' considerationes moveing me, and speciallie for advancing of hir fortune to ' mariage (as God sail provyde), be the advyss of hir honorable freindis/ her mother makes a farther provision in her favour. Grizell is said to have been married to Donald M'Gillespie vie O'chalhun, or Donald son of Archibald son of Malcolm of Poltalloch.1 2. Marie ; 3. Heleine ; 4. Margaret ; and 5. Jeane. By the foresaid will of Archibald Stirling, he provided ' Grissall,' his eldest daughter, to three thousand merks, and each of these four younger daughters to one thousand merks. It is stated that ' Grissall' is ' already major.' Marie Stirling was married to James Orichtoun, lawful son to the deceased Pa- trick Crichtoun in Forfar. Their contract of marriage is dated at Abruthven, 22nd August 1655. James Crichton of Kuthven is one of the cautioners for James Crichtoun.2 Heleine Stirling was married to James Jack in Doune of Monteith. Their contract of marriage is dated 2nd February 1653.3 They had at least one son, Alexander, who was in Amsterdam in 1712 and 1714. Helen Stirling was buried at Kilmadock in 1712. Alexander Jack was then married and had a family. Margaret Stirling was married to John Burne, eldest lawful son to Patrick Burne, portioner of Scheardaill, in the shire of Clackmannan, who infeft her in parts of Scheardaill on 23rd January 1662.* It is presumed that Jean Stirling, the youngest daughter, was married to the Pi,everend Robert Moir, minister at ' Girtoune,' as Captain James Crichtoun, on 14th July 1671, executed a Eenunciation of Factory, in which he styles that gentleman ' my weil beloved brother-in-law,' and ' John Stirling of Kippen- ' davy our brother-in-law.' Jean Mushet made her will in favour of John Stirling, her son, at Auchinby on 16th March 1682, which bears, that she was then ' weak and infirme in bodie, but in perfyte judgement and memorie.'5 She had probably died shortly thereafter, and she must have been of a great age, as she survived her husband nearly forty years.6
II. John Stirling of Kippendavie. He is called second son in Ms father's will, dated 23rd April 1645. He married Christian Doig, daughter of David
1 Burke's Landed Gentry, p. 826. ral son named Archibald, who was living on 18th
2 Original at Kippenross. December 1640. [Extract Assignation by him of
3 Ibid. i Ibid. 6 Ibid. that date, recorded in Books of Session, 27th May 6 Archibald Stirling of Kippendavie had a natu- 1641.]
CHARLES STIRLING, 1697-1736. 105
Doig of Ballengrew, and relict of John Graham of Meiklewood. Their con- tract of marriage, to which Jean Mushet, mother of John, is a consenter, is dated 6th March and 8th April 1667. The Dunblane parish record bears, that on 7th March 1667, ' John Stirling of Kippendavie, on the one part, ' and Crestiane Doig, on the other part, within the town and paroch of ' Stirling, did give up their names to be proclaimed with us in purpose ' to marriage upon ane warrand from Stirling, the dates whereof is 6th ' March 1667.'1 They were married before 13th May following, as in a discharge made by the lady of that date, John Stirling is called ' now my ' husband/2 The children of this marriage were five sons and one daughter : 1. and 2. Archibald and George, twins, were baptized 25th August 1667.3 3. James, born 6th October 1677. These three sons must all have died with- out issue, as their younger brother Charles succeeded their father. 4. Charles, who carried on the line of the family. 5. Alexander : In a letter from Patrick Scott of Kossie, dated August 5, 1704, to the Laird of Kippendavie, he says — 'As for your brother Alexander, he is presently att Edinburgh.'* Alexander must have been born after 1691, when Charles is mentioned as the only son of his father. The daughter was Christian, born 19th April 1679.5 John Stirling died between 8th September 1691, when he made his will,0 and 1st June 1697, when his only surviving son had succeeded him —
III. Charles Stirling of Kippendavie, born 14th December 1680. In his father's will he is called the only son of him and Christian Doig, and he was then in minority. Sir William Stirling of Ardoch, Archibald Stirling of Garden, George Stirling of Herbertshire, and David Muschet of Callechatt, were named tutors to him. He was infeft in Kippendavie and Auchinbee, as only surviving son of John Stirling his father, on a precept by James
1 Dunblane Parish Records. the shields is the date 1617. These are evidently
2 Kippendavie Charter Chest. At the door of the the arms of John Stirling and Christian Doig his House of Kippendavie there is a stone with two wife. As the stone has been recut, it is probable shields. The one on the dexter side bears a bend the date 1617, which it now bears, has been put by- charged with three buckles, and a crescent on the mistake for 1667, the date of the marriage, sinister chief point. At the top are the initials 3 Dunblane Parish Records.
' I. S.' and the motto ' Gang forward.' The shield 4 Original Letter at Kippenross.
on the sinister side is a cheveron between two cinque- 5 Kippendavie Family Bible, and Dunblane Parish
foils in chief and a sword in base. At the top are the Records.
initials ' C. D.,' and the motto ' Laus Deo.' Below c Will at Kippenross.
0
106 STIRLING OF KIPPENDAVIE.
Stirling of Keir, dated 1st June 1697. Charles Stirling continued attached to the royal family of Stuart, and along with his kinsmen, the Lairds of Keir, Garden, and Touch, he was accused of aiding in the rising in 1708. He was tried for high treason but was acquitted. He married 1st, contract dated 3rd June 1703, Katharine, second lawful daughter of Alexander Arbuthnott of Knox, who was second son of the first Viscount of Arbuthnott. Her tocher was 4000 merks Scots.1 She predeceased her husband, by whom she had two sons, Patrick and James, who had a bond of provision from their father, dated 7th January 1707. In that bond, Patrick is called the eldest son and James the second son. They were both then under sixteen years of age. James Stirling was apprenticed to Eobert Keid, saddler, burgess of Edinburgh, by indenture, dated 4th August 1721. 3 Charles Stirling married, 2dly, contract dated 9th March 1709, Christian Douglas, widow of Douglas of Garvald, without issue. This is the lady referred to by Sir Walter Scott in his Tales of a Grandfather, third series, vol. ii. p. 24, as assisting the adherents of the Stuart family in the rising of 1715. ' Fresh intelligence came to them from ' Lady Kippendavie, who seems to have been as correct in her intelligence, ' and accurate in communicating with the insurgent army, as she was sin- ' gular in her choice of messengers, this last being an old woman, who con- ' firmed the tidings of the enemy's approach.' Sheriffmuir, at which the battle of 1715 was fought, is on the property of Kippendavie, and is close to the mansion house. Charles Stirling died before 6th November 1736, and was succeeded by his eldest son —
1 Original Contract at Kippenross. Above the visions of this indenture show the strictness with
garden door at Kippenross there is a stone with which apprentices were then engaged, the care which
two shields. The shield on the dexter side is a was taken to keep them in the right way, and the
bend, charged with three buckles and a crescent on severe penalties provided for transgression. The
the sinister chief point. At the top are the initials apprentice, among other things, promises ' to absent
' C. S.,' and the motto, ' Gang Forward.' The ' and -withdraw himself from all maner of debauched
shield, on the sinister side, hears a crescent between ' company, and from all excessive playing at cards
three stars. At the top of the shield are the initials ' or dice, or using any other unlawful exercise, which
' K. A.' and the motto ' Laus Deo.' Below the ' may occasion vice or corruption in him : And if it
shields is the date ' 1703.' These are evidently the ' shall happen (as God forbid) that the said James
arms of Charles Stirling of Kippendavie and Ka- ' Stirling shall commit' [certain moral delinquen-
therine Arbuthnott his wife, who were married in cies] ' then and in that case he shall make three
the year 1708. The stone had been removed from ' years service to his said master after the expireing
Kippendavie. ' of his apprenticeship, in the same state and condi-
- Indenture at Kippenross. Several of the pro- ' tion as if he were a bound apprentice and servant.'
PATRICK STIRLING, 1704-1745. 107
IV. Patrick Stirling of Kippendavie. He was bom on the 8th and bap- tized on the 9th April 1704. l He married Margaret, daughter of Sylvester Douglas of Whiteridge, and Margaret Keith, his spouse. Their contract of marriage is dated 27th May 1727, whereby Charles, his father, disponed Kippendavie to Patrick and the heirs-male of the marriage. The contract was confirmed by charter from John Stirling of Keir, the superior, dated 5th July 1734. Margaret Douglas died before 1757. The issue of this mar- riage was six sons and three daughters — 1. Charles, born 14th May 1729.
2. Robert, born 5th November 1732. They must have died young, as their younger brother Patrick succeeded. 3. Patrick, who succeeded. 4. Sylves- ter, born 27th September 1737. 5. Robert, second of the name, born 25th May 1739. They must have died young, as their younger brother John suc- ceeded. 6. John, who succeeded his brother Patrick. 7. Margaret, born 1st October 1727. 8. Christian, born 12th April 1731. 9. Katherine, born 11th June 1736. She married Mr. Fortescue, and had one son and two daughters — 1. Faithful Adrian. He was a captain in the 20th Regiment, and died unmarried. 2. Ann, married, 1st, Brodie Hepworth, and had two sons —
Thomas and Faithful, who both died without issue ; and three daughters — 1. Ann Elizabeth ; 2. Katherine Stirling ; 3. Margaret Douglas, who married Major Be- thune, and had one son, who died young. Ann Fortescue married, 2dly, John Taylor, and had a son, John Stirling, born 29th August 1802 ; married, 21st April 1881, Harriet, daughter of John Waddilove of Thorpe Hall, Skipton, York- shire, by whom he has issue — (1.) Emily Fortescue, born 28th June 1833 ; (2.) Herbert, born 28th February 1835.
3. Katherine, married Mr. Cameron, merchant, Glasgow, and had two daughters,
Katherine, who married Mr. Nairne, and Mary, who married Mr. Walkinshaw, and died in giving birth to her first child.
Patrick Stirling (IV.) died in the end of November 1745, and was suc- ceeded by his eldest surviving son —
V. l. Patrick Stirling of Kippendavie. He was born on 28th January 1734, and he succeeded his father in November 1745. He was in Jamaica in 1753, with Robert Stirling, son of James Stirling of Keir. As eldest son
1 Dunblane Parish Records.
108 STIRLING OF KIPPENDAVIE.
of the deceased Patrick Stirling, he was infeft in Kippendavie in 1760, on a precept from Archibald Stirling of Keir the superior. In the Keir entail of 1771, Patrick is called immediately after Archibald Stirling of Garden. He made his will at Hampden, Jamaica, on 11th December 1775. He died on the following day,1 and was succeeded by his brother John.
V. 2. John Stirling of Kippendavie, born 22nd December 1742. He had a bond of provision from his father, dated 18th November 1745, in which he is called his second son. In the Keir entad of 1771, he is called imme- diately after his brother Patrick. John was then in Jamaica, and is stated to be only brother of Patrick, and second son of the late Patrick, which shows that the other brothers died young. He was infeft in Kippendavie as heir of Patrick, his brother, on a precept from Archibald Stirling of Keir. He acquired Kippenross from "William Pearson in 1778, and in 1813 the superiority of Kippendavie, Lanrick, Auchmbie, Shanraw, and Woodland, from James Stirling of Keir. He was confirmed one of the executors of Archibald Stirling of Keir on 14th November 1789.2 He married at Airth on 30th April 1781,3 Mary, second daughter of William Graham of Airth and Ann Stirling of Ardoch. Mary died 9th Jidy 1820.
He had seven sons and sis daughters —
1. Patrick, who carried on the line of the family.
2. William, born 26th June, and baptized 7th July 1787. He got the estate of Content in Jamaica at his father's death. He married, first, in 1811, Elizabeth Barrett Barrett, only child of Henry Barrett, eldest son of Edward Barrett of Cinnamon Hill, Jamaica. She died 19th April 1830. They had three sons and three daughters —
1. John, born 24th January 1813, and now in Australia. He married Eebecca Ann, daughter of Major Crotty, and has had issue — 1. William Cashel, born 24th May, and died 23rd July 1840. 2. John Henry, born 7th October 1841. 3. Francis Gordon, born 3rd August 1843. 4. Charles William, born 18th January 1847. 5. Elizabeth, born 17th February 1845. 1 Scots Magazine, xxviii. 163, and inscription 8th August 1783, in which she mentions the de-
on a mourning pin at Kippendavie. ' Catherine ceased Jean Wemyss, her mother. [Original at
' Stirling, daughter of the deceased Patrick Stir- Kippenross.]
' ling, late of the island of Jamaica,' made a will in 2 Testament at Keir.
favour of John Stirling of Keir, dated at Hillside, 3 Kippendavie Family Bible.
JOHN STIRLING, 1745-1816. 109
2. Henry, born 29th March, and baptized 7th May 1818, died in 1824.
3. William, born 30th March 1822, and baptized 11th January 1823. He is a partner of Stirling, Gordon & Co., merchants, Glasgow. He married in 1855, Ms cousin-german, Mary Katharine, second daughter of Sylvester Douglas Stirling of Glenbervie, and has one daughter, Charlotte Douglas, born 1st May 1856. The three daughters of William Stirling were — 4. Mary, born 23rd July, and baptized 29th September 1814, married Thomas James Graham Stirling of Strowan, on 4th July 1844, and died 23rd December 1847, without issue. 5. Elizabeth, born 6th April 1820, unmarried. 6. Henrietta-Jane, born 4th July 1824, married her cousin, Graham Russell, now Somervell, of Hamilton's Farm, and has issue. •
William Stirling married, secondly, contract dated 10th June 1833, Olivia, daughter of Peter Salmond, by whom he has had three sons and five daugh- ters—1. Peter, bom 15th October 1837, and died 13th April 1838. 2. Patrick Douglas, born 6th January 1841, and died 12th February 1851. 3. James William, born 30th October 1842, and died 10th December 1843. 4. Olivia Catherine, born 29th November 1834, and died 28th September 1851. 5. Anna Christian, born 31st December 1835. 6. Amy, born 30th November 1839. 7. Margaret Douglas, born 7th January 1845. 8. Williamina-Mary, born 3rd October 1846.
3. John, born 18th October, and baptized 4th November 1788. He was bred a Writer to the Signet, but never practised, and became a broker in London. On the death of his father in 1816, he succeeded to the estates of Gogar and Blackgrange. He died at Brighton on 21st May 1819, upon which these estates descended to his nephew Patrick, second son of his eldest brother Patrick.
4. James, born 31st October, and baptized 7th November 1789. He is a captain in the Royal Navy. He purchased Glentyan, in the county of Renfrew. Married 1st, contract dated 7th July 1820, his cousin-german, Mary, daughter of Day Hort Macdowall of Castle-Semple, who died 17th February 1839, without issue. 2nd, Contract dated 30th April 1844, his cousin-german, Elizabeth Christian, daughter of James Dundas of Ochtertyre, C. S., and widow of William Macdowall of Garthland.
110 STIRLING OF KIPPENDAVIE.
5. Charles, born 24th January, and baptized 15th February 1796. He was a partner of the firm of Stirling, Gordon & Company, merchants, Glasgow, and in 1835 purchased Gargunnock, in the county of Stirling. He married, on 14th June 1831, Christian, eldest daughter of John Hamilton of Sundrum, and had a son, John Stirling, born 21st December 1832, now of Gargunnock, captain in the Artillery, and a daughter, Caroline Dundas, born 2nd February 1837. Charles died 24th October 1839.
6. Thomas, born 31st October 1800, and died in June 1801.
7. Sylvester Douglas, born on 3rd, and baptized 24th February 1803. He purchased Woodside, in the county of Stirling, and changed the name to Glen- bervie. He married, contract dated 7th September 1830, Anne Patricia Craigie, daughter of David Connell, Glasgow, and had one son, Charles
. Douglas, born 18th May 1840, died 29th April 1856 ; and four daughters — 1. Isabella-Georgina-Hay, born 1st August 1831 ; 2. Mary-Katharine, born 8th November 1833, and married in 1855 to her cousin-german, William, third son of William Stirling of Content, and has issue as already stated; 3. Anne-Douglas Stirling, born 9th October 1834; 4. Charlotte-Jane, born 27th September 1838. Sylvester was accidentally drowned while bathing at Ardrossan on 2nd September 1846.
The six daughters of John Stirling (V. 2.) were —
8. Ann, born 7th, and baptized 22nd July 1783. She married, 6th No- vember 1809, Ludovic Houstoun of Johnstone Castle. They had a son George, who was M.P. for Kenfrewshire, and died unmarried, 14th Septem- ber 1843.
9. Margaret Douglas, born 14th, and baptized 30th August 1784. She married, on 3rd November 1806, James Sandilands, grandson of James, seventh Lord Torphichen, and who succeeded as tenth Lord Torphichen in 1815. Margaret Lady Torphichen died 13th December 1836. They had three sons and one daughter — 1. The Hon. Kobert Sandilands, Master of
Torphichen, born 3rd August 1807, unmarried. 2. Hon. and Eev. John Sandilands, born 1st November 1813, married, 24th July 1848, Helen, third daughter of James Hope, W. S., and has issue — 1. James Walter, born 4th, baptized 24th May 1846 ; 2. John Hope, born 24th July, bap- tized 28th September 1847 ; 3. Francis Robert, born 21st January, baptized 18th
JOHN STIRLING, 1745-1816. Ill
February 1849 ; 4. Douglas, born 20th October, baptized 23rd November 1851 ;
5. Helen Jane, born 20th September, baptized 23rd October 1853.
3. Hon. James, born 2nd October 1821, captain 8th Hussars. 4. Hon. Mary, born 30th January 1811 ; married, 4th August 1828, William Eamsay Kamsay of Barnton, and has a son, Charles William Kamsay Eamsay, bom 22nd February 1844. He succeeded to Barnton on the death of his father in 1850.
10. Mary, born 24th February, and baptized 2nd March 1786, married James Eussell of Woodside, 26th April 1808. She died 16th September 1820. They had five sons and five daughters — 1. David, born 27th May
1809, colonel of 84th regiment ; 2. John, captain E. N., born 21st May
1810. He purchased Maulside, parish of Dairy, county of Ayr. Mar- ried Katherine, third daughter of William Forbes of Callander; has issue — 1. James Brskine, born 4th June 1850 ; 2. William David, born 15th September 1853 ; 3. Agnes, born 16th August 1851 ; 4. Mary Jane, born 30th July 1852.
3. Henry, died 25th April 1816 ; 4. James Stirling, born 24th August, died 4th April 1838 ; 5. Graham (now Somervell), born 13th January 1819 ; married on 23rd July 1844, his cousin-german, Henrietta-Jane, third daughter of William Stirling of Content, and has four sons and two daughters — 1. James, born 19th September 1845; 2. William Somervell born 21st February 1850 ; 3. Graham Charles, born 13th July 1854; 4. Henry David, born 22nd May 1856; 5. Elizabeth, born 29th September 1847;
6. Agnes-Mary, born 22nd August 1852, and died 3rd September 1853.
In 1856, Graham Eussell succeeded to the estate of Hamilton Farm and took the name of Somervell, in terms of the settlements of Miss Somervell. The daughters of Mary Stirling and James Eussell were — 1. Mary; 2. Eli- zabeth ; 3. Catherine ; 4. Ami — all died unmarried. 5. Marion, married William, brother of Ludovic Houstoun of Johnstone, and has issue — 1 . George
Ludovic, born 31st August 1846 ; 2. William-James, born 25th October 1848 ;
3. Mary-Erstine, born 17th August 1850 ; and 4. Ann-Margaret, born 2nd April
1852.
11. Katherine, born 20th June, and baptized 7th July 1791. Married, 4th June 1811, her cousin-german, James Erskine of Linlathen, brother of
112 STIRLING OF KIPPENDAVIE.
the present Thomas Erskine of Linlathen, and had four daughters, who all died in infancy. James died at Broadstairs, 26th August 1816.
12. Elizabeth-Christian, born 24th and baptized 25th September 1794. Married, on 11th November 1815, William Milliken Napier of Milliken, afterwards Sir William Milliken Napier of Milliken, Bart., and had four sons and two daughters — 1. Sir Robert John Milliken, who married in 1850, Anne Salisbury Meliora, daughter of John Ladeveze Adlercron, and has had six sons and three daughters — 1 and 2. William- John and Theodora-Eliza-Christian,
twins, born 6th November 1850, and both died the following day; 3 and 4. William-John and Robert-James, twins, bora 4th November 1854. William- John died 6th November 1854, and Robert- James died 9th January 1855 ; 5. Archibald Lennox, bom 2nd November 1855 ; 6. Francis, born at Milliken, 3rd December 1856 ; 7. Anne-Salisbury-Mary-Meliora, bom 30th December 1851 ; 8. Aymie-Elizabeth-Georgina, bom 30th June 1853.
2. John Stirling of Merchiston, Kenfrewshire. He married Janet, daughter of Andrew Brown of Auchintorlie, and has issue — 1. William, born 16th August, baptized 16th October 1850 ; 2. Andrew-John, born 10th Blay, baptized 30th June 1854, died 17th June 1855; 3. John Stirling, bom 22nd June, baptized 5th August 1856.
3. William, born 15th September 1821, died 4th February 1841. 4. James, born 13th March 1825, died 24th June 1847. 5. Mary Milliken, born 7th April 1817, married Kobert Speir of Culdees, and has issue — Robert-Thomas Napier, bora 15th October 1841 ; Eliza- Christian Stirling, born 30th March 1840.
6. Ann Campbell, died 26th June 1843, unmarried.
13. Jean-Wilhelinina, born 15th July, and baptized 2nd August 1804. John Stirling of Kippendavie died at Kippenross on 17th June 1816, aged
73. A full length portrait of him, seated in his chair, with his youngest daughter standing by his side, a very fine work of Sir Henry Kaeburn, hangs in the dining-room at Kippenross. In Dunblane Cathedral there is a marble tablet with the following inscription — ' Sacred to the Memory of John Stir- ' ling of Kippendavie, and Patrick Stirling, his eldest son, who, ' with a ' ' lively hope of an inheritance incorruptible,' departed this life a. d. 1816 ; ' Patrick at Hastings, 30th March, aged 33 ; John at Kippenross, 17th June, ' aged 73, and are interred in one grave in the family burying place.'
PATRICK STIRLING, &C, 1782-1857. 113
VI. Patrick Stirling Younger of Kippendavie and Kippenross, born 25th and baptized 30tli April 1782.1 He was a captain in the 14th Light Dragoons and served in the peninsular war. His father conveyed Kippenross to him in 1810, on the occasion of his marriage to Catherine-Georgina, third daughter of John Weclderburn of Spring-garden Estate, Westmoreland, Jamaica, grandson of Sir Alexander Weclderburn of Blackness. Patrick Stirling died at Hastings, 30th March 1816, about two months and a-half before his father, and was buried in the Keir aisle, Dunblane.2 His children were — 1. John who suc- ceeded; 2. Patrick, born 19th August and baptized 15th September 1813.3 He inherited Gi-ogar and Blackgrange, near Alloa, on the death, in 1819, of his uncle John. He acquired by purchase from Mr. Wardlaw Ramsay the estate of Tillicoultry, which was sold by the present Mr. Stirling of Kippen- davie to Mr. Anstruther, from whom it has since passed to Robert Balfour Wardlaw Ramsay, son of the late proprietor. He died 10th March 1839, in consequence of injuries received by a fall at Laurieston Castle, near Edin- burgh. He was unmarried. 3. Mary Wedderburn, born 19th November 1814. She succeeded to Gi-ogar and Blackgrange as heir to her brother Patrick. She married in May 1840, John Davie Morries, M.D. They have one son, John- Morries-Morries Stirling, born 12th March 1851.
VII. John Stirling, now of Kippendavie and Kippenross. He was born on the 19th and baptized on the 20th September 1811. He married his cousin -german, Catherine -Mary, only child of the Rev. John Wellings, and his wife, Mary Weclderburn, second daughter of the said John Wedder- burn. They have three sons and one daughter —
1. Patrick, born at Portobello on 13th November, and baptized 25th December 1846. 2. John-Carolus, born at Portobello 14th December 1848, and baptized 17th February 1849. 3. William- Robert, born at Portobello 30th March, and baptized in Dunblane 25th May 1851. 4. Mary -Catherine, born at Kippenross on 26th June, and baptized 4th August 1840.
1 Dunblane Parish Records, and Kippendavie 2 Tablet in Dunblane Cathedral.
151 Me. 3 Dunblane Parish Records.
114
STIRLING OF KIPPENDAVIE.
Armorial Bearings.
Shield: Argent, on a bend azure, three buckles or.
Crest: A Moor's head sable, banded argent, about the temples.
Motto: Gang Forward.
III. STIRLING OF ARDOOH,
IN THE PARISH OP MUTHILL AND COUNTY OF PERTH.
The first of this Branch, which continued in direct male succession for nearly three centuries, was William, second son of Sir John Stryveling of Keir, Knight, and Margaret Forrester, his spouse. A descendant of William was created a baronet in the reign of Charles II., and that title continued to be enjoyed by the family for nearly a century and a half. The title became extinct by the failure of male heirs, although the first baronet was the eldest of thirty-one children, and one of his brothers lived to the ripe age of 112.
By charter, dated 10th May 1543, James Stirling of Keir gave to his brother-german, William Stirling, and Marion Sinclair his wife, and the chil- dren of their marriage, which failing to return to James and his heirs, the lands of Grlassingall and Dachlewne, in the barony of Keir. William Stirling was thereafter designated of Dachlewne.
Marion Sinclair, his wife, was the only daughter and heiress of Henry Sin- clair of Nether Ardoch and Drimilacothe or Drmnlacok, and Beatrix Chisholm his wife, who received an original feu-charter of these lands from William Chisholm, Bishop of Dunblane, dated 5th February 1543. Beatrix Chisholm also received a charter from her cousin William Chisholm, Bishop of Dun- blane, nephew of the former bishop, dated 30th June 1565, of Chapel Land and Watersyde, to hold to her in liferent, and to William Striveling of Dal- lachlewin and Marion Sinclair his spouse, and then children in fee.
William Stirling and Marion Sinclair had four sons and three daughters —
1. Henry,1 their heir.
2. James, advocate, portioner of Easter Feddals. He acquired the wester half of Easter (now called Middle) Feddals, in the regality of Lin- dores and shire of Perth, by contract with Henry White, dated 1st June 1577. James Stirling witnessed a discharge by Thomas Drummond of Cors- kaplie, dated 22nd September 1586.2 He married Isabel Borthwick, relict of
1 The Christian names of William and Henry There were fotir named William, and three named were favourite names in this family, having heen Henry, given to the successive Lairds of Aidoch alternately. 2 At Ardoch.
11(3
STIRLING OF ARDOCH.
Mr. Kobert Crichton of Elliock, Lord Advocate. He died before 31st May 1614, and was succeeded by Ms eldest son William, who sold Feddals to William Stirling, fiar of Ardoch, in 1618.
3. William, parson or rector of Aberfoyle in 1566 and in 1593. He acquired in 1584, from his brother James, the wester half of Easter Feddals. He married G-eills Bisset, who died in or before 1566. Mr. William Stirling, son and heir of the deceased Mr. William Stirling, parson of Aberfoyle, was a party to the sale of the half of Easter Feddals in 1618. William Stirling, the rector, died between 11th January 1614 and 21st January 1618. He had a daughter, Helen, who married Sir James Obisholm of Croinlix,1 by whom she had two sons and two daughters.
4. John, who as brother of Henry Stirling of Ardoch, is a witness to a sasine of Keir, dated 22nd October 1579,2 and he is also named as procu- rator in another instrument of sasine, dated 22nd May 1613.3 John is a witness to the sale of the half of Wester Feddals to Sir James Cliisholm of Cromhx, Knight, dated 9th November 1620.4
1 ' In the latter end of the sixteenth century, the ; Chisholms were proprietors of the estate of Croin- : leeks (now possessed by the Drumrnonds). The ; eldest son of that family was very much attached : to a daughter of Stirling of Ardoch, commonly 1 known by the name of Fair Helen of Ardoch. : At that time the opportunities of meeting betwixt '■ the sexes were more rare, consequently more : sought after than now; and the Scottish ladies, • far from priding themselves on extensive litera- : ture, were thought sufficiently book-learned if they ' could make out the Scriptures in their mother- ' tongue. Writing was entirely out of the line of '■ female education. At that period, the most of our 1 young men of family sought a fortune, or found a 1 grave in France. Cromlus, when he went abroad ' to the war, was obliged to leave the management ; of his correspondence with his mistress to a lay ■ brother of the monastery of Dumblain, in the im- : mediate neighbourhood of Cromleck, and near ' Ardoch. This man, unfortunately, was deeply ' sensible of Helen's charms. He artfully prepos- ' sessed her with stories to the disadvantage of Crom- 1 lus, and by misinterpreting or keeping up the let- ' ters and messages intrusted to his care, he entirely ' irritated both. All connection was broken off be- twixt them. Helen was inconsolable, and Cromlus
' has left behind him, in the ballad called ' Cromlet's ' * Lilt,' a proof of the elegance of his genius, as ' well as the steadiness of his love.
' When the artful monk thought time had suffi- ' ciently softened Helen's sorrow, he proposed him- ' self as a lover. Helen was obdurate ; but at last ' overcome by the persuasions of her brother, with ' whom she lived, and who having a family of ( thirty-one children, was probably very well pleased ' to get her off his hands, she submitted rather than ' consented to the ceremony. But there her com- ' pliance ended ; and when forcibly put into bed, ' she started quite frantic from it, screaming out, ' that after three gentle taps on the wainscot, at ' the bed head, she heard Cromlus's voice, crying, ' ' Helen, Helen, mind me I ' Cromlus soon after ' coming home, the treachery of the confidant was * discovered, her marriage annulled, and Helen be- ' came Lady Cromlecks.' This account, which was furnished by Alexander Fraser Tytler of Wood- honselee, has been preserved by Burns the poet, in a note to ' Cromlet's Lilt,' in an interleaved volume of Johnson's Scots Musical Museum. Fair Helen of Ardoch was not a daughter of the laird but of a younger son.
2 Keir Inventory, p. 91 .
3 Sasine at Garden. i Ardoch Writs.
HENRY STIRLING, 1573-1628. 117
The daughters of William Stirling were —
1. Jean, who was married to James Kinross of Kippenross.1
2. Elizabeth, who was married to Thomas Drummond of Corskaplie. They granted a renunciation to Henry Stirling of Ardoch, brother of Elizabeth, of 350 merks, secured on Nether Ardoch, dated 21st May 1586. They had a son, John, who was Laird of Corskalpie in 1621. They had also daughters.2
3. Beatrix. Beatrix Striveling, sister to Henrie Striveling of Airdoche, is a party to a contract of excambion, 2nd April 1574.3 She was married to William Sinclair of Galwaldmuir, the father ' of old Hendry Sinclair.'4 They renounced to Henry Stirling of Ardoch an annualrent of £30 out of Over Ardoch, on 26th January 1581.5
4. . . . Stirling, a daughter, married to Kobert Buchanan of Lennie.6 William Stirling died between 30th June 1565 and 16th December 1573.
II. Henry Stirling of Ardoch, eldest son of William Stirling and Marion Sinclair, was originally designated of Dachlewne or Dachlevin. On the resig- nation of his mother, he was infeft in Nether Ardoch and Drumlacock in 1573 and 1579. In 1574, he acquired Over Ardoch from William Keddoch in ex- cambion for Drumlacok, and the payment of 500 merks. Henry Stirling had a precept of sasine from James Striuling of Keir, Knight, as heir to umquhile William Stirling of Ardoch, brother-german of James, and father of Henry, in the lands of Glassingall, dated 16th December 1573. 7 Henry Stirling received a charter of novodamus from James VI., dated 3rd February 1591, after the annexation of church lands to the Crown, of Over and Nether Ardoch.8 He married Helen, daughter of Sir John Haldane of Gleneagles, Knight. She died before 12th June 1622. Henry died in February 1628, when his son William was retoured to liim in the half lands of Bahalloch.'' They had four sons and three daughters.
1. William, who succeeded.
1 Genealogy of the Drmnmonds, p. 180. 8 The Roman Camps at Ardoch are perhaps the
2 Genealogy of the Druminonds, p. 120. most perfect and interesting remains of the kind in
3 At Ardoch. Scotland. It is foreign to the object of the present
4 Genealogy of the Drmnmonds, p. 180. -work to give any detailed account of them, nor is
5 At Ardoch. this necessary, as they are well known to, and have
6 Buchanan's History of the Buchanans. been frequently described by antiquaries. ' At Ardoch. ■' Printed Retours, Perth, No. 3G2.
118 STIRLING OF ARDOCTI.
2. John, who, with James his brother, witnessed a charter of Ardoch by their father, 4th June 1603. John was living in 1656.
3. James, witness to charter of Ardoch, 4th June 1603.1
4. George. He witnessed a resignation of Ardoch by his father, 9th December 1616. George Striveling, ' sone lawfull to the Gudeman of Ardoche,' witnessed a bond by James Stewart, dated 11th June 1622.2 He gave up the inventory of the estate of Sir Archibald Stirling of Keir in May 1630, for his brother, William Stirling of Ardoch.3 George died between 20th September 1652 and 10th October 1655. He was succeeded by his nephew, Henry Stirling of Ardoch, who renounced the succession.
1. Jean : She was contracted in marriage February 3, 1611, to George Lundie, senior, of Gorthie.*
2. Elspeth, married to Williani, third son of Laurence Oliphant of Condie.5
3. Helen, who was wife of Laurence Graham of Callendar in 1615.5
III. William Stirling of Ardoch: He married Margaret, daughter of James Murray, fiar of Strowan, commonly called one of the seventeen sons of Tullibardine. Then- contract of marriage is dated 14th and 15th May 1602. In implement of that contract, Henry Stirling of Ardoch granted a charter on 4th June 1603, to William, of Over and Nether Ardoch. Wilham Stirling in 1621, sold Glassingall, which was part of his grandfather's patrimony, to Archibald Stirling of Kippendavy. He was retoured heir to his father in 1628 as already stated, from which it appears that his father died iu Feb- ruary that year. William conveyed Ardoch to Henry, his son, iu 1635. William, and Margaret his wife, had thirty-one children,6 but of this large family the only names which have been ascertained are the following, viz. —
1. Henry, who succeeded.
1 At Ardoch. the lady; who answered, Yes, 'please your Majesty,
2 Gartmore Writs. ' I just want your Majesty's help to make out the
3 Hamilton and Campsie Commissariot Register. < twa chalder.' [Family tradition.] ' Margaret
4 Ardoch Writs. < Murray, mother to these thirty-one children, was
5 Perth Sheriff Court Records. < daughter to Murray of Strowan, one of the seven-
6 This is stated on the authority of a well known < teeu sons of Tullybardine, and whose youngest anecdote of James VI. and little Meg Murray. The < son> commonly called the Tutor of Ardoch, died king having been on a visit to Ardoch, was struck < m the year 1715, aged 111 years.' [Note by witli the large family, and expressed his surprise to Robert Burns to Cromlet's Lilt.]
SIR HENRY STIRLING, FIRST BARONET, 1635-1669. 119
2. John : John and George Stirrings, sons of William Stirling of Ardoch, witnessed a disposition by him and Margaret Murray, his wife, to Henry Stirling, their son, dated 25th September and 10th October 1635. John and one of his brothers were captains in a Scots regiment in 1646. He was living in 1656. On the 13th September of that year, he writes from ' Gnenoye' to his brother Henry, that ' we ar always remembring your good healthe, and ' the healthe of all our freinds in good rid clarit.'
3. Eobert. He was guardian to the second and third baronets. On 23rd June 1669, he was served nearest agnate to his nephew Sir William,1 and he managed the estate till 1683. Eobert also gave up the inventory of Sir Henry's personal estate to the Commissary of Dunblane, on 17th February 1670. Eobert lived to the year 1716, and died aged 112. He is still remem- bered by the designation of ' Tutor of Ardoch.'
4. William, who was living 9th August 1649.
5. George, mentioned above. He was living 16th December 1650.
6. Margaret, wife of Mr. James Eow, minister at Muthill in 1633-35. He wrote the 'Pockmanky' Sermon.
7. A daughter, married to Dr. John Paton, living in Stirling 1657-9. William Stirling died between 18th April 1651 and 6th July 1652.
IV. Sir Henry Stirling, first Knight Baronet of Ardoch. His father, as already stated, conveyed Ardoch to him in 1 635. Henry Stirling had a permit from General Monck, dated at Edinburgh 8th July 1656, to pass with his servants, &c, to Ardoch or elsewhere in quarters, and to repass, and to keep a fowling-piece for Iris game. He was created a baronet by patent, dated 2nd May 1666, containing a limitation of the dignity to the heirs-male of his body.2 Sir Henry married Isobel, daughter of Sir John Haldane of Gleneagles, and had by her, who survived him, two sons.3 1. William, who succeeded him ; and 2. James, who died young.4 Sir Henry died in February 1669, as appears from the confir- mation of his will.
1 Inquisitiones de Tutela, No. 944. 4 There is at Ardoch a portrait of Sir William
2 Original Patent at Ardoch. in armour ; and another portrait, also in armour,
3 He had also a natural son, George, and a perhaps of his brother James, marked — Born May natural daughter, Grizel. 19, 16G8, died July 19, 1G93.
120 STIRLING OF ARDOCH.
V. Sir William Stirling, second Knight Baronet of Ardoch. He was retoured heir of his father, Sir Henry, in Ardoch, on 10th March 1670,1 and he was infeffc 27th March 1671, on a precept from Kobert, Bishop of Dunblane. In 1693, Sir William purchased Easter Gask from John, Earl of Tullibardine. He married, 1st, contract dated 22nd January 1685, Mary, eldest daughter of Sir Charles Erskine of Alva, Baronet. 2ndly, contract dated 24th May 1699, Janet, daughter of John Murray of Touchadam, who survived Sir William, and married, 2ndly, December 3, 1702, Kobert, second son of Sir Robert Murray of Abercairney. Sir William's children were all by his first marriage, viz. — 1. Henry, who succeeded. 2. James, living in 1694; and three daughters — 1. Isabel, married to Patrick Linton of Pendriech. She died in 1761, without issue. 2. Christian, married to Captain John Stirling of Bellewill, Auchyll, and Herbertshire. Mrs. Stirling was a lady of great worth, and is still favourably remembered by the Ardoch family. She died on 16th September 1763. 3. Catherine, who married James Graham of Braco and Gorthie. He died in 1736. They had three sons and three daughters. The eldest son was General David Graham of Braco and Gorthie. One of the daughters, Mary Graham, was married to Mr. Smythe of Methven.2 Another daughter, Margaret, married Masterton of Gogar, and her son eventually be- came laird of Braco. On 15th February 1694, Sir William executed a bond of provision in favour of his younger children, on the narrative, ' that it hath ' pleased God to blesse me with several! hopefull children besydes my eldest ' sone and appeirand air.' These younger children were James, Isabel, Chris- tian, and Catherine.
Sir William died in February 1702, and was succeeded by his only sur- viving son —
VI. Sir Henry Stirling, thud Knight Baronet of Ardoch. He was born 28th January 1688. By disposition, dated 19th May 1698, his father Sir Williani conveyed Ardoch to him, in which he was infeft on 13th June following. He was in minority at his father's death in 1702. He was admitted advocate on November 29, 1710, and married, at St. Petersburg,
1 Printed Retours, Perth, No. 804. 2 Methven Family Bible.
SIR HENRY STIRLING, THIRD BARONET, 16S8-1753. 121
21st December 1726, Anna, daughter of Admiral Thomas Gordon, governor of Cronstadt, and Ann his wife, daughter of Sir Thomas Elphinstone of Cadderhall.1 After his marriage he resided almost constantly at St. Pe- tersburg, till the death of his father-in-law in 1741. Sir Henry died on 24th October 1753.3 His widow survived till 23rd September 1775. They had five sons and three daughters — •
1 . and 2. William and Thomas, fourth and fifth Baronets.
3. Charles, born 8th October 1742. He was a planter in Jamaica, and proprietor of Ardoch Penn in that island, ' which is a pleasant romantic ' spot, and a very good house. It is very high up in the mountains, and ' from the situation the house stands upon, he enjoys for the most part ' fine agreeable breezes.' 3 On 14th November 1781, he was confirmed one of the executors of Archibald Stirling of Keir.* He died 19th January 1795. The Scots Magazine for March 1795, contains the following notice of his death — ■ ' Lately at Kingston, Charles Stirling, Esq., youngest son of the late ' Sir Henry Stirling of Ardoch, Baronet.'3
4. Henry, born 25th March 1733; died 19th November 1749.
5. James, born 14th February, and died 3rd March 1735.
6. John, youngest son, born 19th June ; died November 19, 1738.
7. Mary, eldest daughter, born at Cronstadt 1728. The Duke of Livia was her godfather. Marshall Keith was godfather to one of her sisters. She
1 Sir Henry's sister Christian, had previously pro- Admiral Gordon was a native of Abei'deen, where
posed another lady for him, in a letter addressed to he inherited some house property. [Ardoch Writs.]
him at St. Petersburg, without date, but from in- On 23rd September 1658, Doctor Thomas Gordon
ternal evidence it may be assumed as written in 1721: and Jean Hay had a son, baptized Thomas. Thomas
— ' I've bespoke for you a mother's only daughter Gordon, elder and younger, were two of the wit-
' of as good relations as in Scotland, bred with nice nesses, and Thomas Mitchell was godfather. [Ee-
■ cleanness, yet can cook your dinner, order your gister of Baptisms in Aberdeen]. The baptism was
' gardens, orchard, and nurseries ; in short, under- probably that of Admiral Gordon.
' stands every thing from the highest quality to the 2 Scot's Magazine, xv. 580.
* meanest housewife — has a good stock of sense — a 3 Letter from Archibald Stirling, to his father
' most agreeable woman — a portion suitable to her William Stirling of Keir, dated Montego Bay,
' quality, and will get a good share of a mother's 21st May 1789. (At Keir).
' blessing, who has abundance to give: If all this i Testament at Keir.
' tempt you not, you're certainly froze or worse.' 5 Scots Magazine, lvii. 206. He left three natural
Sir Henry may have been previously melted by sons — 1. Charles, born 29th May 1791; 2. Thomas,
his Russian love, as his marriage to her took place born 6th October 1792 ; 3. William, born June
within three years afterwards. 1794.
Q
122 STIRLING OF ARDOCH.
married at Ardocb, on lltli August 1760, James Campbell of Monzie,1
without issue. She died 15th December 1801.
8. Anu married, 6th February 1760, William Graham of Airth.2 He died
12th November 1790. They had seven sons and seven daughters —
1. James, who succeeded his father in Airth, and died on 13th March 1805, when he was succeeded by his brother Thomas ; 2. Henry, died 15th October 1787 ; 3. William, died young ; 4. Thomas, who suc- ceeded his eldest brother in Airth ; 5. John, died young in 1775 ; 6. and 7. Charles and Bruce, both died young ; 8. Ann, married, 29th April 1781, David, second son of John Erskine of Carnock, and died 10th March 1836 ; 9. Mary, married John Stirling of Kippendavie, as shown in the account of that family ; 10. Elizabeth (twin with Christian), married, on 16th October 1794, James Dundas of Ochter- tyre, C. S., second son of Ralph Dundas of Manor, and had issue, six sons and five daughters ; 11. Christian, twin with Elizabeth ; 12. Jean, died unmarried, 22nd November 1850 ; 13. Wilhelmina, married Day Hort Macdowall of Castle Semple ; 14. Seton, died unmarried, 27th November 1791.
Thomas Graham, fourth son of William Graham of Airth and Anne Stirling, was born on 1st March 1768. He succeeded his eldest brother in Airth, and he also succeeded his maternal uncle, Sir Thomas Stirling, Baronet, in the estate of Strowan. In compliance with that gentle- man's will, he assumed the additional sirname and arms of Stirling. He married, 9th February 1807, Caroline-Mary, only daughter of Major James Home of the Blackadder family, and had issue —
1. William Graham, now of Airth.
2. Thomas-James Graham Stirling of Strowan, born 11th June 1811, and succeeded to Strowan, as provided by his granduncle, General Sir Thomas Stirling, Baronet. He married, 4th July 1844, Mary, eldest daughter of William, second son of the late John Stirling of Kippendavie, who died in December 1847, without issue.
1 Scots Magazine, xxii. 387. '' Ibid. xxii. 105.
SIR WILLIAM STIRLING, FOURTH BARONET, 1729-1808. 123
3. Carolus-James-Honie Graham, born 24th May 1812.
4. Mary-Margaret, died unmarried, 14th March 1827.
9. Isabella, married on 15th June 1762 to John Hamilton of Bellfield, merchant in Edinburgh, fifth son of William Hamilton of Wishaw,1 and had issue. She died in November 1801.
VII. l. Sir William Stirling, fourth Knight Baronet of Ardoch, was born in Bnssia before the 22nd December 1729. He came to England with his brother Thomas in 1737, and was a lieutenant in General Halket's Begiment in the Dutch Service, in 1749 and 1752. He was served heir to his father on 9th July 1755. In the entail of Keir made by Archibald Stirling, Sir William is called immediately after the Stirlings of Kippendavie. He married at Keir, on 17th April 1762, Christian, only daughter of John Erskine of Carnock, advocate,2 and she died in February 1788. Sir William died at Venlaw, 26th July 1799.3 They had five daughters.
1. Anne, heiress of Ardoch.
2. Christian, born September 10, 1762, married at Ardoch on 24th Decem- ber 1784, to George Dundas of Dundas,* who was shipwrecked off the island of Madagascar, on 20th August 1792. They had one son and three daugh- ters. Christian died 14th September 1832.
3. Mary, born March 1, 1764, married at Ardoch on 10th June 1790, to Ebenezer Oliphant of Condie.5 She died in 1845, leaving issue.
4. Margaret, born May 21, 1765, married, 1st, at Edinburgh in October 1790, to Andrew Stuart of Torrance, W. S., author of the History of the Stewarts,6 &c ; and had issue one son and three daughters —
1. Christian.
2. Anne.
3. Elizabeth-Charlotte, married Bobert, fourth son of Sir John-Edward Harington of Bidlington, Baronet, and has issue a son, Bobert- Edward, and a daughter, Susan ; and 2nclly, in 1804, to Sir Wil-
1 Scots Magazine, xxiv. 339. 2 Ibid. xx. 222. 4 Muthill Records, and Scots Magazine, xlvi.
3 Scots Magazine, lx. 576. During Sir William's G62.
time, there were also living three other baronets of 5 Scots Magazine, lii. 309.
the name of Stirling: 1. Sir John of Glorat; 2. Sir 6 The said History, p. 378, and Scots Magazine,
James of Mansfield; and 3. Sir Walter of Faskine. lii. 516.
124 STIRLING OF ARDOCH.
liam Johnstone Pulteney, Baronet, without issue. She died Novem- ber 1, 1849.
5. Magdalene, born July 29, 1766. Died unmarried in November 1846.
Sir William was succeeded in the baronetcy by his younger brother,
VII. 2. Sir Thomas Stirling, second son of Sir Henry (No. VI.) On the death of his brother Sir William, without male issue, he became the fifth Knight Baronet. He entered the army in 1747, and rose to the rank of a General in 1780. He was successively Colonel of the 42nd and 71st Kegiments, and saw much service in America. He purchased the estate of Strowan, and left it to his grand-nephew Thomas, second son of Thomas Graham of Airth, who is now Thomas James Graham Stirling of Strowan. Sir Thomas died unmarried on 9th May 1808, when the baronetcy became extinct, through failure of the heirs-male of the body of Sir Henry, the first baronet.
All the three brothers, Sir William, Thomas, and Charles, are called, in the Keir entail of 1771, in their order after the Stirlings of Kippendavie. The next substitution after the above Charles Stirling, is to the ' nearest ' heirs whomsoever of the heir-male last deceasing, infeft in and possessing ' the said lands and estate.' From this it may be assumed, that there did not exist in 1771 any other male member of the Ardoch family known to the entailer. Sir Thomas never inherited the estate of Ardoch, which descended, on the death of his eldest brother, Sir William, to his eldest daughter, who was,
VIII. Anne Stirling, eldest daughter of Sir William the fourth Baronet. She was born July 5, 1761, and served heir to her father in Ardoch on 20th November 1799. She was married, on 14th March 1778, to Captain, after- wards Colonel Charles Moray of Abercairny.1 Anne died on May 22, 1820. They had three sons and two daughters —
1. James Moray of Abercairny, born at Clackmannan on 18 th October 1780, who was a magistrate and deputy lieutenant for Perthshire, and lieutenant-colonel of West Perthshire Local Militia. He succeeded his
1 Scots Magazine, xl. 166.
CHRISTIAN STIRLING, &C, 1779-1857. 125
father on 13th October 1810. He married, 1st, on 29th April 1806, Eliza- beth, third daughter of General Sir William Erskine of Torrie, Baronet ; 2ndly, on 13th October 1837, Mary, youngest daughter of Joseph Thomas of Streplands Bush, Hants. He died on 20th December 1840, without issue.
2. William Moray Stirling of Abercairny and Ardoch. He was a major in the army, and was present at Waterloo. He succeeded his mother in Ardoch in 1820, and his brother in Abercairny in 1840. He disentailed Abercairny. He married, on 18th October 1826, the Honourable Frances- Elizabeth, third daughter of Archibald first Lord Douglas. She died at Granton on 14th September 1854. Her husband predeceased her on 9th November 1850, without issue, and was succeeded in both estates by his eldest sister.
3. Charles, born on 22nd November 1791, Captain in the 13th Light Dragoons. He died at Ardoch on 21st March 1820, unmarried.
4. Christian, who succeeded to Abercairny and Ardoch.
2. Margaret died unmarried at Sundrum in Ayrshire, January 3, 1834.
IX. Christian Stirling. She was born at Clackmannan on 24th November 1779. On the death of her brother William in 1850, she suc- ceeded to Abercairny and Ardoch. She married, on 14th April 1812, Henry Home Drummond, of Blair Drummond, and has two sons and a daughter —
1. George Home Drummond.
2. Charles Home Drummond, fiar of Abercairny, born 17th April 1816. He married, in December 11, 1845, Lady Aime-Georgina Douglas, eighth daughter of Charles, fifth Marquis of Queensberry, and has issue.
3. Anne, married in 1839 to George, sixth Duke of Atholl, and has issue, John, Marquess of Tullibardine, born in 1840.
X. George Home Drummond, younger of Blair Drummond and Ardoch, born March 1, 1813. He married, on August 11, 1840, Mary, daughter of William Hay of Dunse Castle, who died on April 4, 1855, without issue. To this Gentleman the Editor is indebted for much of the present account
126
STIRLING OF ARDOCH.
of the Ardock family, the history and descent of which Mr. Drummond has investigated with great precision and skill.
Armorial Bearings.
Shield: Quarterly, 1st and 4th argent on a Bend engrailed sable three Buckles or; 2nd and 3rd, on a field of the first, a cross engrailed azure. Crest: A Moor's head in profile.
Motto: Gang Forward.
IV. STIRLING OF CBAIGBAENABD, NOW CBAIGBABNET, IN THE PAEISH OF CAMPSIE AND COUNTY OF STIRLING.
The Stirling's of Craigbarnard are believed to be an early branch of the house of Cawder. This connection is very probable, both from the relative positions of the two properties, and from the circumstance that members of the Craigbarnard family recognized the Stirrings of Keir as their chief, but no evidence has been found of the exact relationship of the first Stirling of Craigbarnard to the House of Cawder.
Sir John Striveling of Craigbarnard was a person of distinction, having been comptroller of the household to King James IV., whose confidence he enjoyed, and by whom he was knighted. The family continued in direct male descent for nearly four centuries. It is now represented by a gallant officer, who is descended from the Stirling's of Craigbarnard in the female fine, and who, in the male fine, is a descendant from, if not at present the male representative of, a still more distinguished race — -the Grahams, Earls of Monteith and Airth.
The first Stirling of Craigbarnard,1 whose existence is proved by legal evidence, is —
I. John Striveling of Craigbarnard, who is a witness to a deed in 1468. 2 He resigned, in 1486, Craigbernard, Balgrothqueries, Korfatrik, Leythhedis and Balglas, in favour of John Striueling, his eldest son, reserving his own liferent. On 29th May 1487, he was one of the inquest on the service of William Stirling, as heir of Sir William Stirling, his father, in the lands of Letter.3 John Striueling is said to have married a daughter of Gal- braith of Kilcreuch. He died after 26th July 1497, and was succeeded by
1 Betliam, in his Baronage, states, that Duncan 'Alicia de Erth, Domina de Cragbernard' and
Stirling was the first laird of Craigbarnard in 1400, spouse of Gilbert of Buchanane, granted a charter
but without quoting any authority. This Duncan at Mwcdoc, dated 13th February 1400. [Montrose
may have been the same person as the Duncan de Writs.]
Striueling who was one of the inquest at the service of 2 Statistical Account of Campsie Parish, 1845,
Haldaneof Glencagles inl4'25. Supra, p. 17, note 1. p. 240. 3 No. 50, p. 258.
128 STIRLING OF CEAIGBARNET.
II. Sir John Striueling of Craigharnard, who is also one of the inquest on the service in 1487. In the retour, he is called John Striveling, junior, son and heir-apparent of John Striveling of Craigharnard. On his father's resignation, he received from James III., on 29th May 1486, a charter of Craigbernard, Balgrothquheris, Korfatrik, Leythhedis and Balglas. In that charter he is called by the King his familiar squire.1 On 26th July 1497, John Striveling, the son of John Striveling of Craigharnard, and steward of the King, obtained a grant of the keeping of Dumbarton Castle for nineteen years, with the same emoluments as Kobert Limdie of Balgonie had pre- viously.2 In an indenture, dated 1st May 1502, this John Stirling is called ' Comptrollar to our Souerane Lord.' 3 James IV. appears to have honoured Sir John with a visit at Craigharnard, in the year 1507, as in the accounts of the Lord High Treasurer, under the date of 9th February of that year, there is the following entry — ' Item, that nycht in Craigharnard to the ' King to play at the cart is, xxiiiis." On the occasion of this visit, the King held a court, and the place is still called the Conrthill. On 22nd December 1504, Ceorge Campbell, son and apparent heir to George Campbell of Ces- nock, granted a discharge to John Striueling of Craigbernard, Knight, of war- randice of the lands of Quhitleys, in the bailiary of Cuninghame, which had been disponed by him to the said George Campbell, younger, and Jonet Mont- gmnry his spouse.4 He obtained the lands of Glorat by charter, from Matthew Earl of Lennox, dated 27th May 1508,5 and which was confirmed by James IV. by charter, dated the 31st of the same month, in which he is called the King's familiar knight. On 6th June 1508, John Striueling of Craigharnard, Knight, granted an annualrent of twelve merks and ten shillings, from his lands of Craigharnard and Glorat, to a chaplain, to say mass in the chmch of Campsie and in a chapel founded in his place of Craigharnard, for the souls of John, Ids wife, and many others specified in the grant. The chaplain was not to be allowed to keep a concubine in Ins house, under pain of deprivation of his office.6 Sir John Striveling married Margaret Abernethy, eldest daughter of James, third Lord Abernethy of Saltoun, by whom he had three sons —
1 No. 54, p. 254. 3 No. 69, p. 275.
2 MS. Adv. Lib., Jac. V. 4, 29, p. 13, as quoted 4 No. 73, p. 280.
in Clialmer's Caledonia, iii. 878. 5 No. 79, p. 285. « No. 80, p. 28G.
GEORGE STRIUELING, 1510-1520. . 129
1. George, who succeeded.
2. William, first of Glorat, who, with his descendants, is stated under the G-lorat Branch.
3. Walter, first of Ballagan, who, with his descendants, is stated under the Ballagan Branch.
Sir John died before 3rd August 1510, and was succeeded by his eldest son,
III. George Striueling of Craigbarnard. George Striueling, son of John Striuehng of Craigbernard, and Elizabeth Park, spouse of George, granted warrant for resigning Kikvynnet, with the miln, in the hands of Matthew, Earl of Lennox, the superior, at Edinburgh, on 16th March 1502.1 Two days thereafter, the Earl granted a charter to George of these lands, to hold to him and his heirs-male ; whom failing, to William Striueling, his brother- german, and his heirs-male ; whom failing, to the nearest heirs of their father John.2 He received from Matthew Earl of Lennox, on 3rd August 1510, a precept of sasine, as heir to his father, in Craigbernard and Kilwynnet, on which he was infeft on the 21st of the same month. He was, as shown above, married be- fore 16th March 1502, to Elizabeth Park, by whom he had seven sons and one daughter —
1. John, who succeeded.
2. James, who is witness to a charter by Sir James Stirling of Keir, dated 11th August 1566. 3 ' James Striuelyng, sometime in Bangour, father brother to John Striueling, elder of Craigbernard,' granted a discharge to this John, dated 13th December 1593.4
3. William, who is a witness, under the designation of William Striveling, brother-german to John Striveling of Craigbarnard, to a charter by John Stirling of Glorat, dated 17th November 1572. 5
4. Duncan ; 5. William ; 6. Walter. These three brothers are mentioned as brothers-german to the ' Ardd Lard' of Craigbarnard in 1565.
7. David is mentioned in a discharge by Margaret Sterweling, spouse of Andrew Symple, as her deceased brother, dated last November 1565. 6 In the indorsation of this discharge, Andrew Symple is called ' of Bryntschelhs.'
1 No. 70, p. 270. 2 Glorat Writs. 3 Keir Inventory, p. 82. i At Glorat. ' Ibid. « Bardowie Writs.
R
130 STIRLING OF CRAIGBARNET.
8. Margaret, who, with consent of her said husband, granted the said dis- charge to John Sterweling of Cragbernerd, her ' derrest brothir/ for £20 Scots, in payment of her ' contract of marriage.' She mentions ' Robert Foster my 1 brothir :' He was probably her brother-in-law.
George Striuehng died between 10th February and 12th April 1520, and was succeeded by his eldest son —
IV. John Striueling of Craigbarnard. John, Earl of Levenax, granted a precept on 18th April 1520, for infefting John as heir of George his father, in Craigbernard and Kylwynnet. John Striueling witnessed a charter by William Stirling of Glorat on 5th June 1522.1 He infeft John Lennox, as heir of John Lennox of Woodheid, his father, in Culhadrik, in the earldom of Lennox, on 6th November 1546, in presence of Thomas Striueling of Boglass and Walter Striuehng, son of John Striuehng of Craigbarnet.2 In March 1565, Johne Striuling of Craigbernard, John his son and apparent heir, Duncane, Williame, and Walter, brothers-germau to the Auld Laird, Williame, bastard brother to the Young Laird, and nineteen others, were delatit of the invasion of James Kyncaid, son and apparent heir to James Kyncaid of that ilk, and Malcolm Kyncaid his brother.3 From a subsequent entry in the same record, it appears that the Kincaids had previously slain Luke Striueling of Bal- dorane, who left a widow and ' ten faderles bairnis.'4 John Striueling of Craigbarnet is mentioned in the said charter, dated 11th August 1566, to which his brother James is a witness. He resigned Craigbarnard and Ms other lands in favour of his eldest son John, who had a charter of the same from Robert Earl of Lennox, on 12th June 1579. John Striueling married Eufame Logane, probably a daughter of John Logane of Gartconnall, before 10th February 1520. Of that date, John Striuehng, son and heir-apparent of George Striueling of Craigbarnet, and Eufame Logane his spouse, had a pre- cept from John, Earl of Lennox, for infefting them in the lands of Quylt and Mwkdok-Mechell. They were infeft on the 12th of April following, when George Striueling is called deceased. John Striueling had three sons and probably one daughter.
1 Ballagan Charter Cbest. 3 Criminal Trials, i. 459*.
2 Note of Sasine at Glorat. ' Ibid. i. 354.
&c, 1570-1640. 131
1. John, who succeeded. 2. Walter, a witness in 1546. 3. James, mentioned in 1580, as above.
4. Margaret, presumed to have been a daughter of John, from his having obtained for her a dispensation for her marriage to David Watson, in June 1545. l John Striueling, senior, died between 12th June 1579 and 22nd De- cember 1580, when he is called ' umquhile,' in a discharge by James his son.2
V. John Striueling of Craigbarnard succeeded his father between June 1579 and December 1580. He obtained a tack of the tenuis of parts of Craig- barnard, from Mr. William Erskine, parson and vicar of Campsie, on 26th July 1589.3 John Striueling, elder of Craigbarnard, was named one of the executors of Walter Striueling of Ballagan in his will, dated 17th December 1597, and confirmed in the Edinburgh Commissary Court on 4th July 1599. John was married to Margaret Eeid before 24th January 1601, on which date they were parties to the contract of marriage between Christian Callendar, daughter of Margaret, and John Sempill, younger of Corruth.4 He had at least one son, John, who succeeded him, and a daughter, Jean, who married, dated 7th October 1593,5 Walter Buchanan of Spittal.
John Stirling appears to have been living on 17th April 1619, as in a charter by Sir William Livingston of Kilsyth of that date, his son is called John Striueling, fiar of Craigbarnard.
VI. John Striueling of Craigbarnard. In a writ, dated 7th November 1581, he is caUed junior of Craigbarnard. He carried the arms of Dame Margaret Boss, Lady Keir, at her funeral in 1633. He appears to have mar- ried— 1st, Margaret Graham, who died in June 1587 ;° 2dly, contract dated 1588, Elizabeth or Elspeth, daughter of John Hamilton of Bardowie. John Striueling, younger of Craigbarnard, and Elizabeth Hamilton, his spouse, had a charter of Craigbarnard and others from Ludovick, Duke of Lennox, dated 1591. John Stirling and Margaret Graham had five sons and five
1 No. 168, p. 3S6. William is mentioned as the 3 Craigbarnard Writs, natural brother of John Striueling of Craigbarnet, 4 Gartmore Writs.
in 1565. 5 Spittal Writs at Leny.
2 Protocol Book of Walter Watson, N. P., in 6 Testament of Margaret Graham in Edinburgh Sheriff Clerk's Office, Dumbarton. Commissary Register, 10th March 1592-3.
132 STIRLING OF CRAIGBARNET.
daughters — John, William, Eohert, Alan, Andrew, Agnes, Margaret, Jane, Sibilla, Elspeth. These sons and daughters gave up the testament dative of Margaret Graham, spouse to John Stirling of Craigbarnet, who died in June 1587, as her lawful bairns and executors-dative.1 John Stirling appears to have died between 1633 and 1640, and to have been succeeded by Ins son —
VII. John Stirling of Craigbarnard. He married, contract dated 11th Oc- tober 1618, Annabella, daughter of Thomas Ewing of Cukispow. John Stirling (VII.) appears to have died before 9th May 1646, and was succeeded by his son —
VIII. John Stirling of Craigbarnard, who appears to have been born in the year 1627, as in a deposition made by him in 1673, he stated his age to be ' 46 yeares or thereby.'2 He had a precept from William Livingston of Kilsyth, for infefting him in parts of Craigbarnard as heir to Ms father, John, on 9th May 1646. 3 In a charter of adjudication by Oliver Cromwell in favour of Sir Mimgo Stirling of Glorat, Knight, dated 27th July 1655, the bailie named for giving sasine is John Stirling, only lawful son to the deceased John Stirling, sometime of Craigbarnet, and in the instrument of sasine he is similarly named and designated. He married, contract dated 31st October and 4th No- vember 1656, Mary, youngest daughter of Sir Mungo Stirling of Glorat, Knight.4 Her tocher was 5000 merks Scots. They had three sons and a daughter —
1. Mimgo, who succeeded.
2. George : ' George Stirling, Writer in Glasgow, brother-german to the ' Laird of Craigbarnet/ witnessed a bond by the latter, dated 29th April 1708. 5 George is also mentioned in a letter by Mungo Stirling of Craigbarnet to the Laird of Garden, dated 12th December 1712, as ' my brother George.'6
3. James, who witnessed a discharge by his father, 18th May 1634.7
4. The daughter of John Stirling was married to Mr. Bell, laird of An- termome, before 11th February 1702, on which date Mungo Stirling of Craigbarnet alludes in a letter to 'my good brother Antermonie.'8
1 Edinburgh Testaments, 10th March 1592-3. s Letter at Garden. At Craigbarnet Stables there
2 Bardowie Writs. are two round stones, each bearing the bend and
3 Glorat Writs. « Contract at Glorat. three buckles of the Stirlings. One has the initials 6 At Glorat. ' I. S.' and the figures ' 16,' and the other ' M. S.' '' Letter at Garden. " Glorat Writs. ' 62,' apparently for John and Mary Stirling, 1062.
MUNGO STIRLING, 1697-1733. 133
John Stirling died between February 1697 and April 1700. Mary Stirling survived her husband, John Stirling, and was living in 1719, aged eighty-six years. She then states, in a judicial proceeding, ' that after her husband's ' death, she was entertained by her son, and lived with him, and they agried ' together till after his marriage.'1
IX. Mungo Stirling of Craigbarnet. On 26th February 1702, he entered into an agreement of sale of Craigbarnet with Sir Mungo Stirling of Glorat. Mungo Stirling of Craigbarnet acquired parts of Glorat by disposition, dated 1730, from John Stirling of Belwill.2 Mungo Stirling of Craigbarnet, with consent of Marjory Stirling his spouse, sold the Mains of Craigbarnet, &c, to John Stirling of Keir in 1731. This purchase was made for the purpose of preserving Craigbarnet in the family. Archibald Stirling, brother of John of Keir, reconveyed Craigbarnet to James Stirling, son of Mungo, in 1768. The disposition by Archibald Stirling, shows how honourably the Keir family had acted to their kinsmen of Craigbarnet in this transaction. It bears —
' And whereas the price paid by the said deceased John Stirling of Keir to the said Mungo Stirling for ' the said Mains of Craigbarnet, and others hereinafter disponed, amounted to the sum of £14,500 Scots ' money, which was applied by the said Mungo Stirling in payment and extinction of the debts due by ' him, and that it always was the resolution and intention of the said John Stirling my brother, although ' he never came under any promise or obligation to that effect, to restore the said lands and estate to the ' said Mungo Stirling, in whose family they had formerly remained for many generations, and that so ' soon as the said Mungo Stirling and his heirs should reimburse him, the said John Stirling, of the fore- * said price, loss and expense he should incur through the said purchase, and which purchase was made ' by the said John Stirling, solely with a view to preserve the estate of Craigbarnet to the said Mungo ' Stirling, and his heirs, and to save the memory of the family of Craigbarnet from the ruin and extinction ' with which it was then threatened : And that I being desirous of doing as I would be done by, am most ' willing and ready to fulfill, in every point, the intentions of my said deceased brother, and that now the ' said James Stirling of Craigbarnet, only son of the deceased Mungo Stirling of Craigbarnet, having by ' his industry and application to business, retrieved the affairs of the family, has made payment to me, at ' the term of Martinmas last, of the sum of £14,500 Scots money,' ' do therefore, and for the regard I have ' for him the said James Stirling, and for the standing and preservation of the family of Craigbarnet, ' hereby sell, alienate, and dispone to the said James Stirling of Craigbarnet in liferent, and to John Stir- ' ling his only son in fee, All and haill the Mains of Craigbarnet, with tower, fortalice,' &c.3
Mungo Stirling married Marjory Stirling and had two sons — James, who succeeded, and another son, whose name has not been ascertained, but he is noticed under the designation of Glorat's ' sister's son,' as being recently dead, in a letter from James Stirling the Venetian, 24th June 1712; and a daughter
1 At Glorat. - Craigbarnet Writs. r- Craigbarnet Writs.
134 STIRLING OF CRAIGBARNET.
Mary, married to George Graham in Shannochill, great grandfather of the present Major Graham Stirling of Craigbarnet. Mary Stirling died in 1759, aged ninety years and upwards.1 Her husband, George Graham, prede- ceased her in 1736, as in a letter from Captain John Stirling of Auchyll to Sir Henry Stirling of Ardoch, dated 14th June 1736, he mentions the death of ' George Graham in Shannochyle.'
Mungo Stirling of Craigbarnet died of ' a cold and asthma,' on 7th January 1733, aged seventy-three years.3 ' Marjory Stirling, Lady Craigbarnet' also died of a ' cold and asthma/ on 18th January 1733, aged sixty-three years.3 Mungo was succeeded by his only surviving son,
X. James Stirling of Craigbarnet. James Stirling, ' only lawful son to ' the deceased Mungo Stirling, late of Craigbarnett,' had a tack from John Stirling of Keir of the Mains of Craigbarnet, dated 20th July 1730.4 He was ' out' in the Kisings of 1715 and 1745. In the latter, he captured eleven dragoons, without assistance, after having received many . shots. While in concealment for his participation in these events, he occasionally deceived those in pursuit of him, by hiding in the plantations of Wood- head, opposite to Craigbarnet, dressed as an old woman spinning. Along with James Stirling of Keir, he was taken prisoner, and confined in the Castle of Dumbarton in May 1746. 5 He married Catherine, daughter of James
1 Airth Peerage Evidence, p. 59. ' the inhabitants of the nether world, nothing was
2 Campsie Parish Records. 3 Ibid ' seen, but frequently a warning voice was heard to
4 Craigbarnet Writs. ' repeat —
5 ' Old Craigbarnet' usually went by the nick- ' ' Barry, Burry, big your house in a bog, name of ' Burry,' from having a burr in his speech. ' ' And you'll never want a fou cog.'
There is a superstitious tradition regarding the ' The Laird listened to the admonition, and built
building of the old House of Craigbarnet by this ' the old Castle of Craigbarnet as low in the bog
James Stirling. ' He proposed to erect a new house 'as possible, which was finished without further
' on the banks of Finglen, midway between Glen- ' molestation from his invisible councillors.' [The
' mill and Baillie, where was said to be an opening Scotsman's Library, pp. 714-15.]
' which led under ground to Keirhill, an artificial On one occasion, after dining at Keir, and pass-
' mound or sepulchral tumulus. It was this ancient ing the same night to Garden, ' Burry' came to a
' mound the Lord of Craigbarnet had fixed upon ; new toll at the Ford of Frew over the Forth. Dis-
' when the progress of the building, as soon as com- daining to pay the imposition of toll for his horse,
' menced, was interrupted by the little fairy elves, he spurred the animal into the river, -Mid swam
' who instigated by their wicked propensity to mis- across with difficulty and danger. He arrived at
chief, issued from their subterraneous abode, and Garden in a very drenched state, and the late
' demolished in the night what had been built Mr. Stirling of Garden remembered him sitting in
' during the day. With this unequal warfare with the dining room there very wet and uncomfortable.
JOHN STIRLING, &c, 1775-1852. 135
Monteith of Auldcathy, by whom he had one son, John, and a daughter, Charlotte, married to James Gartshore of Alderston, by whom she had four sons — (1.) James, who died in France unmarried. (2.) John, who died unmarried ; (3.) Alexander, who succeeded to Craigbarnet (XII.) ; (4.) Max- well, who died in the West Indies, unmarried; (5.) a daughter, who also died unmarried.1
James Stirling of Craigbarnet died after 17th February 1774, and was succeeded by his only lawful son —
XI. John Stirling of Craigbarnet. He executed, on 14th March 1799, an entail of Craigbarnet, in which, after the heirs of his own body, he called to the succession the heirs of the body of his younger sister, Charlotte Stir- ling, and James Grartshore of Alderston, her husband, whom failing, the hens of the body of John Graham, second son of Kobert Graham Burden of Feddel. Under this substitution, Charles Campbell Graham, only son of John Graham, has succeeded to Craigbarnet. John Stirling married Anne, daughter of Sir Patrick Murray of Balrnanno, Baronet. He died before 28th May 1805, without lawful issue, and was succeeded by his nephew —
XII. Alexander Gartshore Stirling of Craigbarnet, who was the third son of James Gartshore and Charlotte Stirling, as before shown. He was born on 21st January 1773, and became a lieutenant in the navy. On his succession to Craigbarnet in 1805, he assumed the additional siunarne of Stirling. He married (proclamation of banns made on 23rd February 18062) Ann, only daughter of James Millar, Glasgow.3 He died of disease of the heart, on 21st April 1852, aged seventy-nine years, without issue, and was succeeded by —
1 James Stirling had a natural son James, who 2. Alexander Home, teller in the Royal Bank ;
enlisted as a private into the 42nd Regiment, on 3. Gartshore Stirling Home, captain 5th Fusiliers ;
the occasion of a dispute with his father. Shortly 4. Jane Home, married Major Bell, and has two
afterwards a commission was purchased for him. sons ; 5. Christina, married to Captain Elphinston,
He rose to the rank of a general, and commanded East India Company's Service. James Stirling and
the 42nd Regiment at Alexandria. He married Jean Fisher had a son baptized James on 21st
Jean Fisher. They had a daughter, horn at Craig- October 1792 (Campsie Records), who died im-
barnet on 17th, and baptized Joan on 20th May married, and is buried at Musselburgh, where his
1785. (Campsie Records). She married Captain father, General Stirling, is also buried. John Home, and has issue, three sons and two 2 Campsie Parish Records,
daughters — i. James Stirling Home, in Australia; 3 This amiable ladv still survives her husband.
136
STIRLING OF CRAIGBARNET.
XIII. Charles Campbell Graham Stirling, now of Craigbarnet.1 He is the only son of the deceased John Graham, who was second son of Kobert Graham Burden of Feddel, whose grandmother was Mary Stirling, as before stated. Mr. Graham Stirling is a major in the army, and captain in the 42nd Highlanders, with which regiment he served with distinction in the Crimean war, and he commanded it at the final assault on Sebastopol, in September 1853. On his return to Craigbarnet in 1856, he received a cordial welcome from all classes of the people of Lennoxtown and Campsie. He married, at Ballagan House, on the 2nd December 1856, Elizabeth Agnes, elder daughter of the late Kobert Dunmore Napier of Ballikinrain.
1 Besides this Mr. Graham Stirling, there are other three families of the same sirnames — Mr. Graham Stir- ling of Strowan, Mr. Graham Stirling of Auchyll, and Mr. Graham Stirling of Duntroon and Pittendreich.
&rmortaI Bearings.
Shield: Argent on a bend engrailed azure, between a rose in chief, and a boar's bead cabossed in base, gules, three buckles or.
Crest: A demi-angel couped, ensigned on the head with a cross proper. Motto: Semper fidelis.
V. STIRLING OF GLORAT,
IN THE PARISH OF CAJIPSIE AND COUNTY OF STIRLING.
This Branch was established by Sir John Striveling of Craigbarnard, Knight, who was comptroller to King James IV. Having acquired the lands of Glorat in 1508, he settled them on his second son William. This William, and his son and successor George, acquired some historical importance from then- connection with the Earls of Lennox and the Castle of Dumbarton, of which both father and son were successively keepers. WilUam, the father, lost his life, when engaged in the special service of King James V., while George the son heroically defended the castle on two memorable occasions. In tracing the descent of the family during the three centuries and a half for which it has existed, it will be seen, that these were not the only instances of their coinage and loyalty. During the civil wars, Sir Mungo Stirling, and his son, afterwards Sir George, suffered much for then- adherence to the royal cause, on account of which Charles II., after his restoration, rewarded the latter with a Baronetcy, which is still enjoyed by his representative, Sir Samuel Stirling.
I. Sir John Striveling, Knight of Craigbarnard and Glorat, comptroller to King James IV., acquired the lands of Glorat from Matthew, Earl of Len- nox, in May 1508. The Earl had himself acquired them in the previous year, from James Fleming of Bord, David Somerville of Plane, and other persons. The second son of the comptroller and Margaret Abernethy, his wife, was —
II. William Striveling of Glorat. Matthew, Earl of Lennox, granted a charter, on 10th October 1508, to William Striuelyng, son of his cousin John Striuelyng of Craigbernard, Knight, of the lands of Glorat, which had been
s
138 STIRLING OF GLORAT.
resigned by John in favour of William. l William Striveling obtained, on 3rd August 1523, a charter from John, Earl of Lennox, of the lands of Easter and Wester Glorat, and the superiority of Easter Baldorran.2 William Striuelmg of Grlorat, and Margaret Houstoun Ms spouse, acquired the lands of Baldorran from George Culquhoune of Glyne, by charter, dated 20th February 1529. 3 John, Earl of Lennox, granted an obligation on 3rd February 1514, to ' our ' traist cousyng and familiar seruitour, William Striueling of Glorat,' to in- feft him in the lands of Kepoch, in consideration that William had ' be his ' labouris, travellis, costis, and expensis, gottin and obtenit to ws the Castle of ' Dunbertane.' The Earl also bound himself to pay William 500 merks Scots for the said causes, and for ' costis, skaith, damagis, and expensis, sustenit and ' to be sustenit' by him.* William Striueling had previously been keeper of the Castle, probably as the deputy of his father, as appears from an inden- ture between William and Robert Lord Erskine, who obtained a gift of the office of keeper, apparently on the death of Sir John Striveling, Knight, the former keeper. This indenture is dated 24th June 1510, and contains an interesting account of the furnishing of that fortress at this early date.5 Three days after the above obligation, John, Earl of Lennox, granted to William a commission as ' Capitane and Kepar of the Castale of Dunbertane' during his life, with the usual powers.6 After the cruel slaughter of that Earl of Lennox in 1526, by Sir James Hamilton of Finnart, the latter obtained from King James V. the office of Captain of Dumbarton Castle. Sir James re- appointed Sir William Striveling his deputy in that office, by two grants, both dated 19th March 1527, one of which was to endure for nine and the other for seventeen years.7 William Striuelmg of Glorat, Andrew Striueling of Bankere, and others, found surety on 5th December 1530, to appear at the justice-aire of Dumbarton, to underly the law for intercommuning with Allan Haniiltoune of Bardowy and others, rebels, and at the horn for art and part of the slaughter of Alexander Hamilton, young laird of Auchinhowy.s William Striveling was appointed curator to Matthew the young Earl of Lennox, by a grant under the privy seal of King James V., dated 3rd August 1531,9 and he
1 No. 81, p. 288. 2 Glorat Writs. 3 Ibid.
1 No. 93, p. 301. s No. 85, p. 293. 6 n0. 94, p. 302.
7 No. 116, p. 329. a Criminals Trials, i. 150*. 9 Glorat Writs.
WILLIAM STRIVELING, 1508-1534. 139
was sheriff of Dumbartonshire in the same year. Earl Matthew granted to William Striveling a letter of bailliary, dated 10th July 1532, in which he is called the Earl's well-beloved cousin and curator.1 On 23rd March 1539, William Striveling of Glorat obtained from King James V. a letter, allowing him and his successors, keepers of Dumbarton Castle, to build a mill on the lands of Murrach, which pertained to the keeping of Dumbarton Castle.2 Like his master John, Earl of Lennox, Wilham Striveling had the mis- fortune to be cruelly slaughtered. This deed was done on Good Friday 1534, by Humphrey Galbraith and his accomplices.3 Wilham Striveling being employed ' be his Majesty, was cruellie slayin coming from Stirling to ' Dumbartoun, by those who wes hounded out for that end, becaus the said ' Wilham did take the Castell of Dumbarton from those who wes in possession ' thereof, and did possess the said John Earl of Lennox therein.'4 He is
said to have married, 1st, Fleming, second daughter of Malcolm, Lord
Fleming, by whom he had a son George who succeeded him ; but no evidence of that marriage has been found. The wife of Wilham, on 20th April 1517, was Marion Brisbane, who was probably a daughter or sister of John Brisbane of Bishoptoun, as of that date he was appointed one of the attornies for her by King James V.5 William Striveling married again, before 1527, Margaret, daughter of Houstoun of that Ilk. They had four sons, viz. — (2) Andrew, who got from his father the lands of Law and Portnellan, and was ancestor of the Stirling's of Law. Wilham Striueling of Glorat, conveyed the ward of Glorat to his spouse Margaret Houstoun, and his son Andrew, on 16th June 1527.6 (3) James, who is designated Mr. James Stirling, brother-german to Andrew Stirling of Law, on 27th January 1561, and also on 4th May 1564.7 (4) John.s (5) Walter, who, as brother of George, was made pledge for him in the Articles of Agreement between the Regent Arran and George, dated 1st April 1545.9 Walter was slain afterwards by the Sympills of Foidwod, as appears from the following entry in the Criminal Trials on March 3, 1546 ' — John Synipill of Foidwod, and John Sympill Iris son and heir-apparent,
1 Memorandum submitted by Sir Mungo Stirling, 5 No. 101, p. 313.
great grandson of William, to the Duke of Lennox. 6 Dumbarton Records, Dennistoun MSS.
2 Privy Seal Reg. viii. 42. " Protocol Book of Mr. Matthew Forsyth, N. P.
3 Criminal Trials, part ix. p. 170. in Sheriff Clerk's Office, Dumbarton.
; The said Memorandum. 6 Dennistoun MSS. ' No. 169, p. 300.
140 STIRLING OF GLOBAT.
' and others, found caution to underly the law, at the next justice-aires of ' Dumbarton and Renfrew, for art and part of the cruel slaughter of Walter ' StriueHng, brother of George Striueling of Glorat.'1 William Striveling was succeeded in Glorat by his eldest son —
III. George Striveling of Glorat. He was served heir of William, his father, in Glorat and Baldorran, on 15th January 1537.2 George Striveling of the Glorat, Captain of Dmnberton, granted receipts, on 30th July and 19th March 1536, to Huchoun Ross, baron of Kilravock, for certain sums for his ' burd' during his ward in the castle. John Striveling, elder, and Cristall Sterling, are witnesses to these receipts.3 George, son and heir of William Striveling of Glorat, had a crown-charter of the lands of Mains, and others, in Dumbartonshire, dated 24th May 1536 ; and another crown-charter of the lands of Glorat, Baldorran, Portnellan-halliday, Capeth, and Park of Inchi- nane, dated 15th July 1546. 4 George Sterling had also a charter of the lands of Keppoch from Matthew, Earl of Lennox, on 19 th April 1544. 5 A process of ' cursing' was raised at the instance of Marion Maxwell of Pollock against ' George Striveling of Glorat, sone and air of mnquhile William ' Striveling of Glorat,' in 1542.6 George Striveling also succeeded his father in the captaincy of Dumbarton Castle. He had a gift of the. office from King- James V. at Stirling, on 13th April 1534.7 This gift narrates the true ser- vice done to the King and his father by the late William Stirling and his father, and that William was cruelly slain the last Good Friday, acting for the King in his charge and service. In the month following this grant, King James V. addressed a letter to George Stirling, thanking him for his diligence and good service clone to the King, ' whereby ye could have done us nae greater ' pleasour.'8
After the death of King James V., Matthew, Earl of Lennox, returned to Scotland in 1543. On the 27th of January of that year, the Earl made a grant of the captaincy of Dumbarton Castle to George Stirling;9 and in the year
1 Criminal Trials, i. 333*. 2 No. 145, p. 356. s No. 140, p. 352. It does not appear what was
■' Genealogy of the Roses of Kilravock, pp. 202-3. the particular service rendered to the King on this
4 Glorat Writs. 6 Ibid. occasion.
'■ Pollock Charter Chest, " No. 13D, p. 352. ° Note of Gift among Glorat Wrils.
GEORGE STRIVELING, 1537-1550. 141
following, it appears that the Earl and George Stirling entered into a mutual bond, offensive and defensive. This was dated on the 19th of April 1544. Soon thereafter, in the month of August, in pursuance of an agreement entered into with King Henry VIII. of England, the Earl made a descent on the west coast of Scotland. Tytler says —
' He next directed his course to Dumbarton Castle, a fortress of which, as the key
: of the west of Scotland, Henry had long, but in vain, sought the possession. It was
' the property of Lennox, and being commanded by Stirling of Glorat, one of his
' retainers, to whom he had intrusted it on his departure for England, he did not
' doubt for a moment that it would be surrendered. In this, however, he was dis-
' appointed : Stirling received and recognized him as his master, but the brave baron
' did not forget his higher allegiance to his sovereign. The first mention of his giving
• up the castle to Henry was received with a burst of generous indignation ; the gar-
' rison, taking the alarm, rose to arms ; and Lennox, with his English friends, becom-
' ing alarmed for their safety, were glad to make a precipitate retreat to their ships.'
Disdaining to surrender the castle to Lennox, and unwilling to yield it to Arran in the critical circumstances in which he was placed, Stirling appears to have resolved to hold the castle on his own account, till he cotdd make safe terms with the Regent. After withstanding a protracted siege by the Regent for many months, Stirling was enabled to enter into articles of agreement with Mm on the 1st of April 1545.1 Tytler, on the authority of Lesley, says, that George Stirling, for a high reward, was induced to deliver the fortress into the hands of the Governor, but these articles of agreement do not show that there was any unfair reward to induce the agreement, by which Stirling was to continue captain of the castle, with consent of the Governor. In the memorandum submitted to the Duke of Lennox by Sir Mungo Stirling, grandson of George, credit is claimed for his having per- formed his part of the mutual bond with Lennox, in keeping the castle for him :
' which the said George performed to his uttermost, having keeped the castell for the ' space of ane yeire against the G-ovemour of Scotland and all his power, and never ' did surrender the same till the said Earle of Lennox wreatt to him from France so ' to doe, and upon honorable and advantageous conditiones to the said Earle and ' himselffe, rendered up the place.'2
1 No. 169, p. 390. - Glorat Writs.
142 STIRLING OF GLORAT.
Soon after the agreement with the Eegent, George Stirling received from him a formal commission to he captain, constable, and keeper of the castle.1
Various persons, whose lands had been laid waste, and the kindred of those who had been slain by G-eorge Stirling and his servants, in his defence of Dumbarton Castle, subsequent to the death of James V., brought actions of redress against the Captain in the Court of Session. A letter, in the name of Queen Mary, was addressed by the Eegent in 1547 to the Lord Chancellor, the Lord President, and other Lords of the Session, narrating, that he had agreed to relieve the Captain of all such claims in the arrangement made between them for the surrender of the castle ; and therefore discharging the Lords of Session from proceeding in such suits, and desiring the parties to be remitted to the Governor for redress, conform to his promise to Stirling.2 This was a stretch of the government to interpose its authority for the quashing of legal proceedings otherwise than in the due course of law.
George Striveling married Annabell, daughter of Sir William Edmonstone of Duntreath, by Agnes, daughter of Matthew, second Earl of Lennox. George Striveling died before 24th December 1550, and was succeeded by his eldest son —
IV. John Striveling of Glorat. Queen Mary issued a precept for infeft- ing John Striveling of Glorat as heir of George, his father, in the lands of Glorat and others, which narrates the retour of his service to his father, and that the lands had been in non-entry for three years. That precept is dated 24th December 1550, and the instrument of sasine thereon is dated the 29th of the same month.
Effem Striveling, with consent of Walter Cuninghame, burgess of Dimi- liarton, her spouse, granted a reversion to John Striveling, younger, son and apparent heir to umquhile George Striueling of Glorat, dated 16th February 1556. 3 John Striveling married Margaret, daughter of Buchanan of that Ilk, widow of the Laird of Eohertland (Cuninghame).* By her he had two sons — 1. John, who succeeded him; 2. A son, who was laird of Bankeil. John Striveling probably died about 1563.
1 No. 170, p. 392. 2 No. 171, p. 393. ' At Glorat. ' Pedigree of the Buchanans, 1602.
JOHN STKIVELING, 1563-1613. 143
V. John Striveling of Glorat. He was proprietor of Glorat on 27th May 1563, as appears from a reversion granted to him of that date.1 On 23rd June 1576, John Striveling of Glorat obtained a decree by the Lords of Council against Robert Oallender, younger of Ballinckoch, for trespassing on the lands of Glorat.2 It appears from the Criminal Trials, that this laird had his share of family feuds, which were unfortunately too common at his time, for on 9th December 1581, ' Johnne Striueling of Glorat, Johnne Striueling, younger ' of Craigbernat, Walter Striueling of Ballagane, Louke Striueling of Bal- ' dorane, and Johnne Striueling, servitour to Glorat, dilatit.of airt and pairt ' of the crewall slauchter of umquhile Malcum Kincaid, sone to James ' Kincaid of that Ilk, committit in Junij last by past/3 John Striueling married, before 1586, Catherine Hamilton, ' dochter to the guichnan of ' Grange, and bigat 4 sones and 3 dochteris.'4 1. John, who succeeded. 2. James, who witnessed a contract in 1602.5 3. William. 4. George. Wil- liam and George are witnesses to a charter by their father and eldest brother John, dated 27th October 1586.6 George Stirling, son of George Stirling of Glorat, received from his father sasine of the lands of Easter Baldorran, on 5th March 1593.7 George died before 24th May 1608, without issue, when his father was confirmed executor to him by the Commissaries of Edinburgh. Mr. William Stirling (son of John Stirling, senior of Glorat) was rector of Baldernoch on 10th November 1607. s 5. Mary married, contract dated 26th October 1586, Robert Stirling of Lettir. 6. Elizabeth; and 7. A daughter, whose Christian name has not been ascertained.
John Striveling died between 24th May 1608 and 18th May 1613, and was succeeded by his eldest son —
VI. John Striueling of Glorat, who had a sasine on 14th August 1584, as son and apparent heir of John Striueling of Glorat. John Striueling, son and apparent heir of John Striueling of Glorat, was contracted to Jane, daughter of Robert Dalziel of that ilk, in 1594, and was infeft in the fee of Keppoch by his father in 1604, when Janet Dalziel was dead.9 He received a precept of sasine in the lands of Glorat from Sir William Livingstoun of
1 Glorat Writs. = Ibid. ' Criminal Trials, i. 97. 4 Buchanan Pedigree, 1C02.
5 At Keir. s Glorat Writs. 1 Ibid. s Ibid. 9 Dennistoun MSS.
144 STIRLING OF GLOEAT.
Kilsyth, Knight, the superior, as heir of the deceased John Striveling, his father, dated 13th October 1613.1 He acquired in 1601 the lands of Wester Baldorran from John Stirling of Wester Baldorran and Helen Dalziel his spouse (daughter of James Dalziel, merchant, Edinburgh), heir and successor of umquhile Lucas Striueling his father. John Striueling sold Wester Bal- dorran, in 1604, to John Livingston of Baldorran. John Striueling was infeft in Keppoch on a precept of clare constat by Ludovick, Duke of Lennox, on 14th April 1614. On 16th November 1629, he, with consent of his eldest son, Mungo Stirling, fiar of Glorat, disponed Keppoch to John Ewing. John Stirling married, before 28th September 1604, Annabell Graham, and had eight sons and two daughters, viz. —
1. Mungo, who succeeded.
2. John, who married Lilias Orahame. They were both alive in 1640.
3. Archibald, who was living in 1636.
4. James, who died before January 1631, leaving a son, Archibald, and a daughter, Christian, who was married to Alexander Livingston of Parkhills before July 1672.3
5. George, mentioned in a contract between John Stirling of Glorat and John his son, dated 26th February 1629. 3 George Stirling, brother-german of Mungo Stirling of Glorat, witnessed a charter by John Stirling of Craigbarnet, dated 27th January 1640.*
6. Mr. Henry, who is also mentioned in the said contract, dated 26th February 1629. He married Elizabeth Jameson, between 26th November 1644, and 7th July 1645, on which last date Elizabeth Jameson was con- firmed executrix to him. She married, secondly, Mr. William Fairfull, servitor to the Lord Melvill.
7. Mr. William, parson of Baldernock in 1604.
8. George. William and George, brothers-german of Mungo, witnessed a writ by him, dated 15th March 1630.5
9. A daughter, married to John Livingstone of Baldorran.
10. Margaret, married to William Dalzell of Chissim. She is described his relict on 26th June 1649/
1 Glorat Writs. 2 Ibid. 3 Ibid. « Ibid. '■> Ibid.
0 John Stirling had also a natural son, James, who was living in June 1G47 and in 1C0G.
SIR MUNGO AND SIR GEORGE STIRLING, 1642-1681. 145
John Stirling died after 24th May 1631, and before July 1642, and was succeeded by Ids eldest son —
VII. Sir Mungo Stirling of Glorat, Knight. He had a precept of sasine in the lands of Glorat, as heir to his father, dated July 1642. He was a steady adherent of Charles II. and suffered much during the Usurpation, on account of which his son was made a baronet in 1666. He married, 1st, contract dated 11th August 1614, Margaret, third daughter of Alexander Hamilton of Kinglas and Elizabeth Forrester, Ids spouse ; 2ndly, before 1631, Marion, daughter of Wauchope of Niddrie ; 3dly, contract dated 2nd October 1641, Margaret Livingston, who was living in 1644. He had two sons and three daughters —
1. George, who succeeded, and was created a baronet.
2. William, who appears to have taken a part against his father during the Commonwealth, and to have circulated reports unfavourable to him. The Commissioners for prisoners investigated these reports, and by the following declaration, dated 2nd August 1654, they cleared Sir Mungo —
' Whereas severall things was layd to the charge of Sir Mungo Starling by William ' Starlinge his second sonne ; vpon the examination tharoff, it was Found by the ' Commissioners for Prisoners at Leith, that the said charge was false and scan- ' delus.'1
3. Jean, who was married to George Eoss of Galston in 1649.2
4. Margaret, who was married, in 1649, to Thomas Kennedy of Baltersan.3
5. Mary married, contract dated 31st October and 4th November 1656, John Stirling of Craigbarnet.4
Sir Mungo was succeeded by his eldest son —
VIII. Sir George Stirling of Glorat. Along with his father, he was very devoted to the cause of Charles II., by whom Sir George was created a baronet, with limitation to the heirs-male of his body, by patent, dated at Whitehall the 24th of April 1666.5 That patent narrates
1 Original at Glorat. 2 Ballagan Writs. 4 Glorat Writs.
3 Glorat Writs. s Copy Patent at Glorat.
T
146 STIRLING OF GLORAT.
' the good and faithful services, great sufferings, and losses, through severall imprison -
: ments, fynes and uther prejudices sustained be Sir Mungo Sth'liug of Glorat, and
' Sir George Stirling his sone, for and in His Majestie's service, and His Majestie
' being noe less sensible thereof, as desyrous for there encouragement in the future, to
' put ane mark of his Majestie's favour upon that family.'
He married, contract dated 11th July 1657, Mary, daughter to Sir George Seaton of Hales, who died in August 1659, leaving an only child, Mary, who was married to Lieutenant James Stirling, brother-german to the Laird of Ken, and died before 22nd April 1724. Sir George married, 2ndly, contract dated 16th February 1661,1 Marjory, eldest daughter of Sir William Purves of Woodhouselee, Baronet. They had three sons and five daughters —
1. Mungo, who succeeded.
2. Kobert, who witnessed a discharge by his father, dated 9th December 1691, in which Kobert is called ' second lawful sone to the said Sir George ' Stirling of Glorat.'2 Kobert was apprenticed to his brother-in-law, William Cross, merchant in Glasgow, by indenture, dated 15th April 1691.3 He is presumed to have died without issue, as his younger brother John succeeded.
3. John, who afterwards carried on the baronetcy.
4. Marjory, married to Mungo Stirling of Oraigbarnet, and was living in 1657.4
5. Helen, who was living 7th September 1615.
6. Ann, living in 1720.
7. Margaret, married to William Cross, merchant, Glasgow— contract dated 5th February 1691. They had a daughter Catherine, living in 1714.
8. Jean, wife of James Scott, writer, Glasgow, in 1722.
Sir George died after 1681, and was succeeded by his eldest son —
IX. 1. Sir Mungo Stirling of Glorat, second baronet. He was living at Glorat on 10th July 1706, and also on 19th March 1712, as appears by letters addressed by him to the Laird of Garden.6 He married about 1705, Barbara, eldest daughter of Hugh Corbet of Hardgray, and relict of John Douglas of Mains. In a letter from William Stirling, dated August 20, 1715, to Mr. John
1 At Glorat. 2 Ibid. 3 Ibid. 5 Receipt at Glorat.
' Craigbarnet and Ballagan Writs. 6 Letters at Garden.
SIR JAMES STIRLING, 1712-1771. 147
Stirling at Garden, he says — ' I gott a letter from the Lady Glorat, with ane ' account of hir son Mr. James, being in a fiver.'1 She made her will on 29th December 1740. Sir Mungo had three sons — 1. James who succeeded him ; 2. William, and 3. Hugh, who were all minors in 1712. He made his will on 21st April 1712, and died on the same day. He was succeeded by his eldest surviving son —
X. 1. Sir James Stirling of Glorat, third baronet. Sir James was served heir to Sir George his grandfather on 8th August 1712. He was then only about six years old. A decreet of adjudication was obtained on 8th August 1718, by Sir William Purves of that Ilk, against Sir James, as heir to Sir Mungo his father, Sir George his grandfather, Sir Mungo his great-grand- father, and John, his great-great-grandfather. He had a crown-charter of the lands of Glorat on 12th February 1740. Wodrow thus records the first mar- riage of Sir James — ' This moneth, May 1728, Martha Luke was married, in ' a disorderly way, to Sir J. Stirling of Glorat. Perhapps this is a good pro- ' vidence to her parents, and if she would take up herself, and could bear with ' things, she might be very well. The estate of Glorat is not so low as it was ' at first represented.'2 In the same work3 there is an accoimt of a litigation in 1731, between Sir James and his wife Martha Luke, regarding her father's succession. Sir James married, 2ndly, at Edinburgh, on 28th January 1751, Jean, only daughter of John Stirling of Herbertshire, but had no issue. Sir James died at Glorat on 30th April 1771,4 and was succeeded in his baronetcy by his cousin Sir Alexander Stirling, of whom afterwards. ' Lady ' Stirling of Glorat' was alive on 22nd January 1763.5 She married, 2ndly, James Ersldne, Lord Alva, without issue. Sir James Stirling entailed Glorat by a deed of entail, dated 5th October 1765. 6
1 Letters at Garden. ' very easy man in his temper, to execute a most
2 Wodrow's Analecta, iii. 524. ' irrational and unnatural deed, whereby he vested
3 Ibid. iv. 297. ' the total liferent of his estate in the Lady, with his
4 Scots Magazine, xxxiii. 222. Ill a memorial ' whole moveable goods and gear whatever, and thus for Sir Alexander Stirling of Glorat, dated 1771, ' pillaged and robbed his own family.' In another it is stated, that in the year 1757, ' after Sir James part of the same paper, Sir Alexander styles the ' and his Lady had been married about six years, Lady ' a mere harry water net.'
' and having no prospect of children, she appears 5 Denovan Inventory.
' to have prevailed with her husband, who was a 6 Ferguson's Index to Entails, p. 141.
148 STIRLING OF GLORAT.
IX. 2. John Stirling, second surviving son of Sir George Stirling, first baronet. John was apprenticed to William Stirling, Writer to the Signet, by indenture, dated 1st March 1699. John was one of the tutors of his nephew Sir James, and purchased Glorat for his behoof, when it was publicly sold in 1720. He was a writer in Edinburgh before Ms succession to Glorat. He married Elizabeth, only daughter and heiress of Sir Alexander Home of Kenton, who was heh-male of George Earl of Dunbar, and Margaret Scott his spouse. Their postnuptial contract of marriage is dated last February 1701. They had an only child —
X. 2. Sir Alexander Stirling of St. Albans, who succeeded his cousin Sir James Stirling, as fifth baronet of Glorat, in 1771. He was born in Sep- tember 1715. After his succession to Glorat, he obtained a crown-charter of the lands on 6th August 1771. On the death of his cousin Sir John Home, in January 1788, he also inherited the estate of Eenton in Berwickshire, which he entailed on 28th June 1788.1 He married Mary Willis of Kochester, who survived him. They had one son, and one daughter Jane-Mary, who was born on 24th June 1762 and died on the 20th December 1774.2 He died at Edin- burgh on 22nd February 1791, aged seventy-five years and five months, and was buried at Campsie Church on the 26th.3 He was succeeded by his only son —
XL Sir John Stirling of Glorat, the sixth baronet, who was served heir to his father on 21st March 1791. He married, before 1771, Gloriana Fol- some, of Stratford, in North America, by whom he had a numerous family.*
1 Ferguson's Index to Entails. ' mother. By the way, your wife directed her let-
2 Tombstone to her in the Old Greyfriars' Church, ' ter to me, I understand she thought my father Edinburgh. ' was dead; but it is a mistake; he is still living,
3 Tombstone in Campsie Church. There is a ' and seventy years of age. But if it please God portrait of this Sir Alexander in the possession ' that I outlive him, in that event you will most of his grand-daughter, Miss Eennie, at Glorat Cot- ' certainly see me again at Stratford, as it is my tage. ' determined resolution if I survive my father, and
4 The dates of their births and baptisms are ' the Almighty in his goodness will so permit me, chiefly taken from the Campsie Pai-ish Registers. ' to come to America with my family, and there Sir John was much attached to America. In a let- ' end my days ; for notwithstanding my own friends ter from him to his brother-in-law there, dated ' are in this country, and my property also, on my Glorat, 5th April 1784, he says — 'My wife, as she ' surviving my father, lies here, you may believe ' wrote her sister, has been blest with seven chil- ' me when I assure you, my attachment to America ' dren since coming to Scotland — four boys and ' is so great, that there I will, if it shall please the ' three girls, who, as well as their mother, are all ' Almighty Disposer of all events, pass my evening ' living and in good health, as is my father and ' of life.' (Copy at Glorat )
SIR JOHN STIRLING, 1791-1818. 149
1. Mary, born in Connecticut on 10th December 1771. She was married to Mr. Aitchison, Berwickshire, and has issue.
2. Jean-Maria, second daughter, born on 29th January 1773, who was married to John Mackenzie of G-arnkirk, merchant, Glasgow, and died on the 30th October 1797, in the twenty-fifth year of her age, leaving an only daughter, Gloriana Mackenzie.
3. Elizabeth-Ann, third daughter, born on 27th November 1774, married at Glasgow on 10th September 1792, the Eeverend James Lapslie, minister of Campsie,1 and had issue. Their son, John Stirling Lapslie, born on 14th November 1793, was a midshipman in the royal navy, and died at Batavia, unmarried, on 11th December 1813. They had also James, Alexander, and Andrew, and Margaret and Gloriana Lapslie.
4. Alexander-Home, born on 8th October 1775, and died unmarried.
5. Barbara-Black, born on 8th May 1777. She was married to the Eeverend Kobert Bennie, D. D., minister of Kilsyth, and had one son and three daughters. 1. Alexander -Home- Stirling Bennie, married Miss Ander- son of Gladswood, and has one son and three daughters ; 2. Margaret ; 3. Gloriana; and 4. Jane -Maria. The two latter reside at Glorat Cottage.
6. John-Home, born on 16th May 1778. He died on 19th August 1789 in his eleventh year. The death of this boy had the effect of reconciling Sir Alexander to his son John, who had displeased Mm by refusing to educate his son as an Episcoj^alian.
7. Margaret, born on 14th February 1780. She was married to Bobert Watt of Logiebank near Khkintilloch, without issue.
8. James, born on 7th August 1781 . He died unmarried after 28th June 1788.
9. Samuel, who succeeded his father.
10. George, of whom afterwards.
11. Ann, baptized on 3rd April 1790. She was married to Archibald Napier of Merchiston, in Tobago, and had issue. He died on 16th February 1822.2
12. John, baptized on 27th February 1791.
13. William-Bromly-Cadogan, born on 3rd July 1791. He became a naval officer, and died unmarried.
1 Scots Magazine, liv. 465. - Tombstone in Old Grey friars" Church, Edinburgh.
150 STIRLING OF GLORAT.
14. Robert, baptized on 19th October 1792. He resides in America. He is married and has children.
15. Joseph, born on 14th January 1794. He is unmarried.
16. Sarah, born about an hour after her brother Joseph, 14th January 1794. These twins were baptized, ' the one by the Eeverend Mr. Lapslie, the ' other by the Reverend Mr. Rennie, both sons-in4aw of the family.'1 Sarah married, 1st, Major Davidson of Mount Charles, Ayrshire, and had two sons and two daughters ; 2ndly, John Graham of Ballagan, and has two sons and two daughters.
17. Thomas-Dimdas, baptized 8th June 1798. He married Christina Cameron, and had a son baptized on 27th June 1821, called John, who died on his way to the West Indies, unmarried.
George Stirling (No. 10, above), was born on 22nd February 1786. He became a captain in the 9th regiment. He married, 1st, Anne- Henrietta, daughter of William Cray of Oxgang, and by her had — 1. Jean- Adam, born on 21st December 1821, and died at Glorat on 25th January 1828. 2. Gloriana-Ann, born on 3rd March 1823, and died in infancy. 3. George, died in infancy on 3rd October 1825. 4. John, born 30th April 1826, and died in his sixth year. 5. William-Henry, born on 30th July 1827 ; he was a lieutenant in the 60th Rifles, and died unmarried. 6. Ann-Henrietta, born on 22nd November 182S ; she was married in 1855 to the Reverend Mr. Buckley. 7. Samuel- Home, married in 1854, Mary, daughter of Major Begbie, and has one daughter, Mary-Eleanor, born 31st August 1855. Samuel is the heir presumptive to his uncle Sir Samuel, the present baronet. 8. Charles, now in Australia. 9. Jane unmarried.
Anne- Henrietta Gray, wife of captain George Stirling, predeceased her husband, who married, 2ndly, Margaret, youngest daughter of Thomas Kibble of Whiteford, and died, without issue by her, at Portobello on 21st February 1852, aged sixty-six years.2 Margaret Kibble died in 1857.
Sir John Stirling died at Edinburgh on 16th March 1818, aged sixty- seven, and Lady Stirling survived him till 4th January 1826, when she died, aged seventy-two years. Sir John was succeeded by his eldest surviv- ing son,
1 Scots Magazine, hi. G2. 2 Tombstone in Old Greyfriars' Church, Edinburgh.
SIB SAMUEL STIRLING, 1783-1857.
151
XII. Sir Samuel Stirling of Glorat, seventh baronet, who was born on 28th July 1783. He was called to the Scotch bar in 1808. Sir Samuel married, contract dated 13th September 1842, Mary- Anne, only daughter of Major Robert Berrie of Unthank. She died at Freidrichshaffen, Lake Constance, on 8th October 1856, without issue.
Armorial Bearings.
S E M F» E R VV F ' DELIS
~w
m
Shield: Argent, on a Bend engrailed, azure, three Buckles, or, within a double treasure flowered and counterflowered, with thistles vert, on a chief, gules, a naked arm, issuing out of a cloud from the sinister side, grasping a sword in pale, and therewith guarding an imperial Crown, placed in the dexter chief point, proper.
Crest: A Lion passant gules.
Supporters: Two Soldiers in Armour, with plumes. Motto: Semper Fidelis.
VI. — STIRLING OF LAW, PORTNELLAN, AND
EDENBARNET,
IN THE PARISH OF OLD KILPATRICK AND COUNTY OF DUMBARTON.
♦
The Stirlings of Law are a branch of the Stirlings of Glorat.
I. William Striueling of Glorat, acquired the lands of Law from Sir James Hamilton of Fynnart, Knight, in the year 1528. By a charter, dated 5th February in that year, Sir James, with consent of Margaret Livingstoun his spouse, for good and gratuitous services rendered to him, granted to William Striueling of Glorat, and Margaret Houston his spouse, in conjunct infeftment, and the heirs of their marriage, in fee, which failing, to the heirs of William, the lands of Law, lying in the lordship of Drumry, earldom of Levenax, and shire of Dunbarton.1 Wilham Striueling and Margaret Hous- toun were infeft in Law, in terms of this charter on 14th April 1529. 2 William Striueling of Glorat was slain on Good Friday 1534, as already shown in the account of the Glorat branch. He was survived by Margaret Houston, who, on 9th May 1537, obtained a transumpt of their conjunct infeftment in Law. Their eldest son and successor in Law was,
II. Andrew Streueling of Law, Portnellan, &c. On 28th November 1571, John Cunynghame of Drumquhassell, who had acquired the superiority of Law, granted a precept for infefting Andrew Streueling, son of the late William Streueling and Margaret Houston his spouse, in these lands, and Andrew was infeft on the following day.3 Andrew had previously acquired the lands of Portnellane-Halliday and half of Baldorane, by charter from Queen Mary, dated 24th May 1557.4 He had another crown-charter of these lands, dated 24th May 1577.5 Andrew Streueling also acquired the lands of Edenbarnet and Craigbanzeoch, in the lordship of Kilpatrick, regality of Paisley, and shire of Dumbarton, from Stephen Spreull of Edenbarnet, by
1 Charter and Precept at Edenbarnet. 3 Sasinc at Edenbarnet.
2 Transumpt of Sasine, 9th May 1537, Ibid. ' Reg. Mag. Sig. 5 Ibid.
WILLIAM STREUELING OF LAW, &c. 15S2.
153
charter, dated 13th July 1569. l Andrew granted to Luke Stirling and Janet Edmondstone, spouses, and their son John, the lands of Wester Ballindorane, by charter, dated at Law, 4th May 1564.3 This charter is thus subscribed —
He married Elizabeth, second daughter of Gabriel Cunninghame of Craig- ends, and had issue five sons —
1. William, who succeeded.
2. Mr. James," who witnessed the infeftment in Law in favour of his brother William, on 2nd April 1582.3
3. John, who as brother of William Stirling of Law, witnessed a sasine dated 20th April 1591. 4 John was made a burgess of Dumbarton in 1603.
4. Walter, whose son and heir John had an annuity in 1584. 5
5. Mr. Kobert. Eobert Striueling, brother-german of William Stirling of Law, witnessed an instrument in favour of the latter, dated 26th February 1584.6 William, son of Eobert Stirling, had a tenement in Dumbarton in 1606. 7
Andrew Stilling died before 24th October 1581, and was succeeded by Iris eldest son,
III. William Steetjeling of Law, Fortnellan, and Edenbarnet. Malcolm Crawford of Kilbirny granted at his Castle of Kilbirny, on the last day of
1 Charter at Edenbarnet. 2 Ibid.
3 Sasine, Ibid. 4 Sasine, Ibid.
5 Dennistonn MSS.
6 Law and Edenbarnet Writs. In the Lives of Eminent Ministers of the Church of Scotland, by Mr. James' Stirling, Minister of the Barony Parish, Glasgow, there is an account of his father, Mr. John Stirling, minister at Kilbarchan ; and the writer refers to the former ministers of that parish — ' Mr. ' Hamiltoun being dead, who had been a fifty-year ' old plague to that poor people, for their slighting ' and breaking the heart of that worthy godly minis- ' ter, Mr. Eobert Stirling, son of the house of Lau, ' as the good Lady Auchinames said — ' For their
' breaking the heart of that godly youth, Mr.
' Eobert Stirling, God sent them in Eilbarchan a
' plague of Mr. Andrew Hamiltoun for fifty years,
' who drank and debauched with them, and would
' have gone with them to the football after sermon
' was over !' ' (Wodrow's Analecta, vol. iii. p. 29.)
Mr. William Stirling, son of the deceased Mr. Eobert
Stirling, minister of Eilbarchan, is witness to a
charter by Andrew Stirling, fiar of Law, and Jane
Walkinshaw, his spouse, dated at Law, 29th August
1618. Mr. William subscribes, ' Mr. W. Stirvling.'
(at Edenbarnet).
' Dennistoun MSS. Jean, natural daughter of William Stirling of Law, was living in 1585. (Ibid.)
U
154 STIRLING OF LAW AND EDENBARNET.
March 1582, a precept of clare constat for infefting William Streueling, son of the deceased Andrew Stierling of Portnellan, in the lands of Law.1 William Streueling of Law was infeft in Portnellan-Halliday, as heir of his father An- drew, on 6th September 1581. He received from William, Commendator of Paisley, a charter, dated 16th April 1581, of Edenbernen and Craigbanzeoch, on the resignation of John Spreull, heir-male of the deceased Stephen Spreull.2 He married Margaret, daughter of Hugh Craufurd of Clobarhill, who sur- vived him, and gave up his testament-dative to the Commissary of Glasgow. They had five sons and one daughter —
1. Andrew.
2. Hugh. He is probably the ' Major Stirling,' brother of Andi-ew Stirling of Law, who is noticed in Durie's Decisions on 25th January 1642, p. 888, as having arrested certain silver plate belonging to Colonel Cuninghame.
3. Walter, who was executor-dative of his father on 29th January 1624.3
4. Eobert, afterwards Sir Kobert Sterling, Knight. A notice of him will be found annexed to the present account of the Law family.
5. William, a notice of whose descendants will be found after the account of his brother Sir Eobert (p. 162).
6. Elizabeth, who was married to Hew Crawford of Jordanhill, without issue. William Streueling died in December 1623, and was succeeded by his eldest son —
IV. Andrew Stirling of Law. William Sterling of Law, and Margaret Craufurd his wife, granted charters on 20th October 1610, to Andrew Sterling, their eldest son and apparent heir, and his spouse Jean Walkinshaw, daughter of Mr. Patrick Walkinshaw, sub-dean of Glasgow, of half of Law and the lands of Enbarnen and Craigbanzeoch, in implement of contract of marriage between said Andrew and Jean, dated 4th September previous. Sir John Craufurde of Kilbirnie, Knight, granted on 10th September 1641, a precept of clare con- stat for infefting Andrew Stirling of Law as heir to his grandfather, Andrew Stirling of Law, in the lands of Law, and he was infeft on the following day.4 On the same day, Andrew resigned Law in favour of William Stirling, his eldest
' Precept at Edenbarnet. 3 Glasgow Commissary Records.
2 Charter, Ibid. > Precept and Sasine at Edenbarnet.
WILLIAM STIRLING, &C, 1647-1787. 155
son and apparent heir, reserving the liferent of Andrew and Jane Walkinshaw his spouse ; and on the 16th of the same month, Sir John Crawford of Kilbirnie, Knight, granted a charter to Wilham Stirling of the Law, of the lands of Law, and he was infeft on the following day.1 Andrew Stirling and Jean Walkin- shaw had at least one son, William, who succeeded, and one daughter, Agnes, married to Wilham Colquhoun of Garscadden.
Andrew Stirling died in December 1646, and was succeeded by his son —
V. William Stirling of Law, who was retoured heir to his father, Andrew Stirling of Law, on 13th October 1647. He was one of the War Committee for Dumbartonshire in 1647.3 He entailed Law by entail, dated 20th May 1691. William Stirling married, contract dated 2nd December 1641, Mar- garet Maxwell of Dargavel, by whom he had three daughters —
1. Margaret, who married James Buchanan of Boss, by whom she had two daughters — 1. Jean, heiress of Boss, who married Archibald Buchanan of Drumikill, and had four sons and four daughters.3 2. Janet, who, with Jean, got legacies from their grandfather William Stirling, under his will in 1694.
2. Mary, married before 1698, William Colquhoun of Craigton. Her tocher was 5000 merks.4 She died before 14th September 1703, leaving two sons and three daughters. The second son was Wilham Colquhoun, of whom afterwards. The daughters were — 1. Margaret, married before 1713, John Maxwell of Dargavel. 2. Anna, married before 1713, Robert Campbell of Balvie, W. S. 3. Elizabeth.
VI. 3. Agnes, youngest daughter, married, 1st, John Campbell of Succoth, W. S. They had two sons ; John, the second son, succeeded to Law. 2ndly, James Hamilton of Hutchison, by whom she had a son, James, who appears to have died without issue, and two daughters, Agnes and Anne, who succes- sively inherited Law, as after shown.
William Stirling died between 1694 and 14th September 1703, and was succeeded by his grandson,
1 Edenbarnet Writs. inherited her, and in doing so, he passed over the
2 Acta Pari., vol. vi. p. 279. second daughter, and her descendants, in favour of
3 History of the Buchanans, p. 77. The marriage the youngest daughter, in the first instance. of Margaret Stirling displeased her father, who dis- * Fountainhall.
156 STIRLING OF LAW AND EDENBARNET.
VII. John Campbell or Stirling of Law. He had a charter from Walter, Lord Blantyre, the superior, dated 17th August 1708, of the lands of Edin- baron and Craigbanoch, as heir to William Stirling of Law.1 John Campbell Stirling had also a crown-charter of these lands, dated 27th July 1713.2 John Graham, younger of Killearn, as Provost of the Collegiate Church of Dumbarton, granted to him a charter of the Kirklands of Strathblane, dated 4th July 1711. s John Stirling of Law was a great Anti-Jacobite in 1745. He died in April 1757, and was succeeded by his only son —
VIII. James Stirling of Law. On 18th August 1758, he was served heir to his father in the lands of Enbarren, &c* He had a precept of clare con- stat from George Earl of Craufurd and Lindsay, for infefting liim, as heir to his father John Stirling, in the lands of Law, dated 7th August 1762. As superior cf Ballagan, he granted a precept for infefting John Graham, as heir to his father Thomas, 27th September 1777 ; and also a precept for infefting Alexander Graham as heir of John Graham his brother, in the lands of Bal- lagan, dated 3rd May 1787.° James Stirling set tacks of the greater part of the estate of Law and Edenbarnet to various parties, and these tacks were challenged by his successor in the estate. In the judicial proceedings, it was set forth, on the part of the heir of entail, that ' about thirty years before his ' death, Mr. Stirling was attacked with a complaint, which nearly deprived ' him of the use of his limbs, and confined him almost constantly to his ' house, and for the most part to his bed. For the last twenty years he was ' very seldom out of his bed-room.' On the other hand, it was maintained for the holders of the leases, that ' Mr. Stirling was a man of very good understand- ' ing, and he retained all his faculties entire, long after the transactions which ' form the subject of this cause were entered into. It is true, indeed, that at ' a period not less than thirty years before his death, he had the misfortune to ' meet with a serious fall, by which he was lamed for life. In consequence of ' this, he was very much confined during the remainder of his life. But the fact ' is beyond all question, that he retained all his faculties in their utmost vigour, ' and was very much consulted by all descriptions of persons in the manage-
1 Law and Edenbarnet Writs. - Ibid. 4 Law and Edenbarnet Writs.
J Ballagan Writs. •> Ballagan Writs.
JAMES STIRLING OF LAW, &C, 1757. 157
' ment of their affairs. Indeed, the opinion of his knowledge and capacity was ' so strong, that the meetings of the Justices of the Peace were frequently held in ' his house, in order that theymight have the benefit of his advice and assistance.'1 James Stirling married, contract dated 6th June 1757,3 Christian, second daughter and one of the three heirs-portioners of William Colquhoun of Craigtoun, who died on 27th January 1806 at Edenbarnet.3 James Stirling died on 15th January 1809, and was succeeded by his cousin-uterine,
VII. l. Agnes Hamilton Stirling of Law and Edenbarnet. She was the eldest daughter of James Hamilton of Hutchison, and Agnes Stirling, youngest daughter of William Stirling (V.). On 10th November 1809, Agnes Hamilton was served heir to James Stirling of Law, her cousin-uterine.1 She married Peter Buchanan of Spittal, whom she survived. She died on 2nd February 1816, and was succeeded by her sister —
VII. 2. Anne Hamilton Stirling of Law and Edenbarnet. She was infeft in Law, as heir of her sister Agnes, on 23rd July 1816. 5 She died unmarried on 11th July 1817, and was succeeded by Williani Colquhoun, descended from —
VI. Mary Stirling, second daughter of William Stirling (V.), and wife of William Colquhoun of Craigton, as before shown. They had a daughter —
VII. Margaret Colquhoun who married Alan Colquhoun of Kenmure. They had two sons, Alan, who died without issue, and —
VIII. William Colquhoun of Kenmure. He married Judith Dunn Thibou, by whom he had one son, William, who succeeded to Law; and two daughters. The elder daughter, Margaret, married Alexander Dunlop of Keppoch. They had five sons and six daughters. The second son is Alex- ander Murray Dunlop of Corsock, M.P. for Greenock.
IX. William Colquhoun Stirling of Law. He was for sometime a sur-
1 Memorial for John Gibson of Johnstone, &e. 3 Scots Mag., lxviii. 159.
2 Contract at Glorat. i Law and Edenbarnet Writs. 5 Ibid.
158 STIRLING OF LAW AND EDENBARNET.
geon in the service of the East India Company. On 23rd July 1818, he was served heir to Mrs. Agnes Hamilton or Stirling. He married Helen, youngest daughter of the late Archibald Calder, banker in Glasgow, lineal descendant of the Calders of Inchbreck. They had issue, a son WiUiam, and a daughter Judith, married George, son of Sir David Innes of Orton and Cockstoune, Baronet. Mr. Stirling died in January 1842, and was succeeded by his only son —
X. William Colquhoun Stirling, now of Law and Edenbarnet. He is a lieutenant in the 14th Kegiment of Madras Native Infantry.
Armorial Bearings.
Shield: Quarterly 1st and 4th argent, on a Bend engrailed, azure, three Buckles or; in chief on an oak branch slipped, vert, a raven proper; 2nd and 3rd on a field argent, a saltier engrailed, sable, and in chief a rose, gules.
Crests: A Lion's paw erased, grasping an oaken slip proper, for Stirling; and a Stag's head erased proper, for Colquhoun. Motto: Hie Fides et Kobor.
Sir ROBERT STERLING, Knight, Governor of Cork in 1649.
Sir Robert Sterling, Knight, who was a distinguished military officer in the reign of Charles I., was the fourth son of William Striveling of Law, and Margaret Crawford his wife. Sir Robert obtained, on 9th October 1649, a grant or patent of arms from the Ulster King. As this grant states the descent of Sir Robert from William Stirling of Law, and contains an ample account of his military services, and is an in- teresting specimen of an early grant of arms in the sister country, it is here subjoined.
Patent of Arms by William Roberts, D.C.L. Ulster King of Arms of Ireland, to Sir Robert Stirling, Knight, Governor of Corke, 9th October 1649.
William Roberts, Doctor of the Civile Lawe, Vluester King of Amies of the whole Kingdome of Ireland ; To all and singular, aswell Nobles, Kings of Amies, Heralds and other Officers att Amies, as Gentlemen and others to whome these present Letters Patents shall come, sendeth greeting, etc. Whereas (in former ages) every wellgoverned Commonwealth hath endeavoured to commemorate the valiant and vertuous acts of Noble and worthy persons, to the present age and succeeding posterity, by sundry Tropheas and Monuments erected to their memory to the eternizing of their owne fame, and to the honour of their families ; And whereas (not only his sacred Majesties most renowned and rightfamous Progenitours of ancient times), but allso the greatest Monarchs of forreigne nations (amongst other their honorary remunerations for services done in peace or warre), haue conferred on those that haue worthely merited the same divers tokens and Eniblenies depicted and engraven in Sheilds (now vulgarly called Amies), as evident demonstrations of their valour or vertue, that such as haue been faithful! to their Soveraignes in their Civile imployments, or Couragious in their wars, might haue hereditary Signes of honour to destinguish them and theirs from the meere servile and ignoble multitude ; which laudable custome of former times (that posterity might still dcriue benefitt from the famous deeds of worthy Ancestors), hath been ever continued vnto this present, and that (not only to bee notes of distinction betwixt per- sons of eminence and estimation and the nieer vulgar and Mechanick), but to incite others to the study of vertue and noble Chivalry, to preserue their descents and Genealogies from confusion, and to debarre the illegitimate, or any others, from vnlaw- full intrusion into their inheritances. Whereas, therefore, the Honorable Sir Robert
160 SIR ROBERT STERLING, KNIGHT, 1649.
Sterling, Knight, Governor of the Citty and County of Corke, President of the Coun- eell of Warre, Sargent Maior General! of his Majesties Forces in the said Province of Munster, and one of his Majesties Coimcell in the said Province, beeing descended from the right noble and most ancient family of the Sterlings (of great Antiquity, Barons of Glorate in the Kingdome of Scotland), viz. — as fowerth sonne of William Sterling of The Lawe, in the Sherifdonie of Lenox, in Scotlairde, sonne of William Sterling, Baron of Glorate, in the said Realnie. hath desired me (that according to the duty of my place) I should set forth and Emblazon his Atcheiuement, as hee the said Sir Egbert Sterling (his present dignity considered) may properly beare the same, without deminution of his owne honnour, or iniury to his name or family : In consi- deration whereof, I do hereby (as proper unto mine office) think fitt to publish and declare, that I find by most authentick proofes and Records, that he the said Sir Robert Sterling is very nobly descended for very many generations, both by the paternall and Maternall line, and allso for as many generations, that his Ancestors, and their descendants allso in the Collaterall lines, haue borne for their Paternall Coat Armor, Argent, on a Bend engrailed Azure, three Buckles, Or, with their severall due differ- ences according to the Lawes of Armes ; which said Coat Armor was for Martiall service (att a Battle neer Sterling in Scotland) giuen to one of the said Sir Robert Sterling's Ancestors, by one of his Majesties Prsedecessers King of Scots), and that hee may (with his due Armoriall difference) beare the said Armes, as descended unto him from his said Ancestors ; But forasmuch as the said Sir Robert Sterling hath lately receiued the honorable order of Knighthood, from the most honorable James, Lord Marques of Ormond, Lord Lieutenant Generall, and Generall Governour of Ire- land, not only for his Martiall Prowes, his approued valour showne in Battells and Skirmishes, his singular abilities manifested in the execution of his severall Martiall Commands, in his Majesties service since the yeere of our Lord, 1641, in which hee hath been wounded to the great effusion of his blood, and weakning of his body, but allso for his most constant loyalty and fidelity to our late most gracious Soveraigne Lord King Charles of ever most blessed memory, and allso to our most sacred and dread Soveraigne Lord King Charles the 2d now raigneing ouer us, and in all his said' services and Commands, not only well acted the part of a most expert Martiallist, but of a rightwellaccomplished Statesman, as by his severall discoveries and prevention of divers horrid treasons intended against his said Soveraignes ; but allso of severall con- spiracies of R.ebells against the person of his Excellency the said Lord Lieutenant of Ireland, and the righthonorable Murrough Obrian Baron of Inchequin, Lord President of Munster, and Generall of his Majesties Forces in the said Province, and all his
SIR ROBERT STERLING, KNIGHT, 1649. 161
Majesties subjects adhereing unto them, as the same is most manifestly knowne, the circumstancies thereof beeing too large to bee here set downe (as matter more proper for the Chronicles of the present age), I haue therefore, that the Remembrance of his said great and most faithful] services may by some lasting Monuments of honor bee recommended unto posterity) thought fitt (of mine owne free accord) in consi- deration of his said services, not to set forth his said Amies with the moderne and ordinary difference proper unto him, but to augment his said Goat Armor, with a Canton Gules, charged with a Sword holding a Crowne on the point thereof proper, betwixt a Thistle and Harpe, Or ; and I doe hereby farther declare that hee may lawfully beare (as descended unto him from his Ancestors aforesaid), for his Creast (on a Helnie befitting his Dignity) and a Coronet, An armed Arme and hand, hold- ing an arming sword proper : to which allso I haue thought fitt to add (as a farther Remembrance of his said Martiall services), to bee borne on the said sword, a Lawrell Crowne, proper ; as the same is depicted on the Margent ; And for his Motto (being the same of his Ancestors) Gang Tiirovgh, Mantled Gules, doubled Argent ; All which said Atcheiuement, I the said Vluester King of Amies (by the power and authority granted vnto mee under the great Seale of Ireland), do hereby ratcfy and confirme unto the said Sir Robert Sterling, and his posterity for ever, to be by him and them used and borne (with moderne or other due differences according to the Lawe of Armes) ; And doe hereby allso (by the power and authority aforesaid) giue and graunt unto him and them, full power and authority to display shewforth or Emblazon the said Atcheiuement, or to cause the same to bee depicted in Standerts, Bannerols, Banners, Trumpetbanners, Guidhoms, Penons, Ensignes, Drums, Wagons, Tents, Sheilds, Targes, or to bee embrodered on Coat Armours, Sumpturcs, Cooperisons, or any other ornaments, Martiall or Civile ; or to bee engraven or Carved on Monuments, Seales, Rings, Plate, or any other vtinsells ; or to advance or beare the same in Hastiludes, Tiltings, Iousts, Tournaments, or other Martiall exercises ; or to display the same att Musterings, Encampings, Single Combats ; or to beare or use the same att any time, in any kind, or in any place, as shall befitt his or their present or future condition, without the molestation, lett, chalenge, or contradiction of any persons whatsoever. In full and ample confirmation of all which, I hereunto subscribe my name and title, and affix the publique Scale of mine office, the nynth day of October, in the first yeere of the Raigne of our most gracious Soveraigne Lord Charles the second (by the Grace of God), King of England, Scotland, France, and Ireland, Defender of the faith, etc. 1649.
W'1 Roberts Vluester Kiuge of Armes of all Ireland.
X
162 SIR ROBERT STERLING, KNIGHT, 1640.
[On the Margin.']
Sir Robert Sterling knight was Ensigne of Foot, Lieutenant of Horse, and Captain of Dragooners in Germany, under the command of the King of Sweden, where he serued eleuen yeeres.
Hee was the fowerth of December 1641 made Sargent Maior, and in the same month Lieutenant Colonell, by commission from his Excellency James Marques of Ormond, then Lieutenant Generall of all his Majesties forces in Ireland.
He was made Colonell- of Foot the xith of September 1645, Gouernor of the Citty of Corke, President of the Councell of Warre, one of His Majesties Councell, and Sargent Maior Generall of his Majestie's Forces in the Prouinee of Munster, etc.
Hee was knighted att Corke the xii day of Nouember, Anno 1648.
W™ Roberts Vluester.
This Patent farther shows from the marginal Pedigrees, that Sir Robert married Jane, daughter of Edward Lord Blaney, by whom he had three sons — Captain Laurence, Robert, and Edward Sterlings.
A gallant and distinguished officer, Lieutenant-Colonel Anthony Coningham Ster- ling, who kindly communicated the above Patent of Arms to the editor, has also supplied him with the following information regarding his own family, which is de- scended from William, brother .of Sir Robert Sterling :
In an old family Bible, the title page of which is wanting, but it bears to be printed at London for the Company of Stationers in 1658, the following entries are recorded —
' William Sterling, brother to Sir Robert Sterling, married Miss Poe, daughter to ' Anthony Poe of Dromgooldstoun, in the county of Lowth, Esq., by whom he had ' several sons, viz1, Anthony, William, Robert, Edward, and John, all of whom died ' unmarried, except Anthony, who married the daughter of the Reverend Doctor ' Robert Bredin. Anthony, born 8 October 1656, died 17 November 1723, aged 67. 1 Blamed Ann Bredin 23 July 1693. She was born 9 January 1675. Died 29 ' April 1713, aged 33. Their youngest son, but one, was named Edward, born on ' 24 May 1711 (died 1777).' This last date is in the handwriting of his grandson, the late Edward Sterling, father of the present Colonel A. C. Sterling.
Edward Sterling, born 24th May 1711, was clerk to the Irish House of Commons, married Mrs. Catherine Forgusson 9th November 1734, who was born 23rd June 1712. They had a son —
EDWARD STERLING, &C, 1740-1857. 163
The Rev. Anthony Sterling, born 15th July 1740. He married Miss Wallace, daughter of an American loyalist, by whom he had a son —
Edward Sterling, who was born on 27th February 1773. He was the author of the Letters of Vetus, which appeared in the ' Times' newspaper in 1812, and he was connected with that paper for many years, during which he wrote the leading articles, which were known by the name of the ' Thunderers.' He conducted the policy of the ' Times' during the agitation of the Catholic Emancipation and Corn Law questions. He married, on 5th April 1804, Hester, only daughter of John Coning- ham, merchant in Derry, and Elizabeth Campbell, of the Campbells of Sunderland in Isla. Hester died on 18th April 1843, two hours before her daughter-in-law, Susannah, the wife of her son John. Edward and Hester Sterling had three sons and a daughter — Anthony, John, and Edward. The latter died young, and in the same week with an infant sister.
The following is a list of the works of Edward Sterling —
Views of Military Reform, second edition, 1811.
Letters of Vetus, from March 10th to May 10th 1812.
Part II., from 1st July to 10th November 1812.
Part III., with some letters under different signatures, published
in the course of the year 1813, 3 vols. 8vo. London, 1812-1814. ' These letters were reprinted from the Times.
Lieutenant-Colonel Anthony Coningham Sterling, eldest son of Edward, was the first brigade major to the first Highland Brigade. He afterwards successively held the following appointments — assistant adjutant-general to Sir Colin Campbell, in command of the joint Anglo-Turkish division which held the lines of Balaklava in the Crimea during the winter of 1854-5; assistant adjutant-general to the First Division, consisting of the Brigade of Guards and of the Highland Brigade ; assistant adjutant- general to the Highland Division, when commanded by Sir Colin Campbell ; assistant adjutant-general to Sir Colin when in command of a corps d'armee, which never was properly formed in consequence of the peace. For his services he was made C. B. and an officer of the Legion of Honour. He is now assistant adjutant-general to Sir Colin Campbell, inspector-general of infantry.
John Sterling, second son of Edward, was born at Kames Castle, Bute, on 20th July 1806. He married, on 2nd November 1830, Susannah, eldest daughter of General Bar- ton, formerly colonel of the Life Guards. They had three sons and four daughters — 1. Edward-Coningham, born 14th October 1831; 2. Charles-Frederick-Evelyn,
164
JOHN STEELING, 1806-1844.
born 8th March 1839 ; 3. John-Barton, born 12th October 1840 ; 4. Anna -Charlotte, born 15th February 1833 ; 5. Katharine-Susan, bom 2nd December 1834 ; 6. Julia- Maria, born 26th March 1836 ; 7. Hester-Isabella, born 14th April 1843. Susannah Barton died on 18th April 1843, two hours after her mother-in-law.
John Sterling died at Ventnor, Isle of Wight, on 18th September 1844, and was buried at Bonchurch. He was the author of several literary productions, chiefly poems and essays ; and he was so highly esteemed by his literary friends, that they founded in memory of him a club, called the Sterling Club, which numbered amongst its members many of the most distinguished of his contemporaries. His life was written, first in 1848, by Archdeacon Hare, and again by Thomas Carlyle, 8vo., 1851, second edition, 1852. The principal works of John Sterling are —
Arthur Coningsby, a Novel, 1833. Poems. Fcap. 8vo. London, 1839.
The Election; a Poem, in Seven Books (published anonymously). Fcap. 8vo. London, 1841.
Strafford; a Tragedy. Fcap. 8vo. London, 1843.
Essays and Tales; with Memoir of his Life. Collected and Edited by Julius Charles Hare. 2 vols. 8vo. London, 1848.
Arms of Sir Robert Sterling, 1C49, as described on pp. 159-161.
165
VII. STIRLING OF BALLAGAN,
IN THE PARISH OF STRATHBLANE AND COUNTY OF STIRLING.
In the account of the Stirlings of Glorat, given in Playfair's British Family Antiquity, it is stated, that the first Stirling of Ballagan was Walter, second son of William Stirling of Glorat ; but this is erroneous, as the earliest char- ter of Ballagan shows, that William of Glorat and Walter of Ballagan, were brothers-german, and not father and son.
I. Walter Striuelyng, first of Ballagan. William Strivelyng of Glorat granted a charter on 5th June 1522,1 to his brother-german, Walter Striue- lyng and Eufame Birsbane, his spouse, of the west half of the lands of Bal- lagan, extending to a forty shilling land of old extent, then lying in the earldom of Lennox, and shire of Dumbarton, to be held of William, for six merks Scots and four bolls four pecks farm bear yearly. Walter and Eufame were infeft of the same date.3
' Walter Stryuelyng of Bavlagan' granted a reversion, without date, to his ' derrest broder germane, William Stryuelyng of Glorat,' of the Kirklands of Strathblane.3 Walter Striueling of Ballagane was curator of Andrew Cunyng- hame, son and heir of the deceased Walter Cunynghame of Blarquheis, on 25th October 1535, when they granted a precept for mfefting Walter Buchqukannan of Spittaill and Isabella Cunyghame, his spouse, in the lands of Blairwoike.4
Walter Striveling made his will on 6th June 1549, and died on the same day. In the inventory of Ms debtors and debts, given up by Eufanie Birsbane, Ms relict, and confirmed by the Archbishop of Glasgow, James Striueling of Keyr is a debtor for £10, and Walter is stated to be clue 270 merks, as the tocher of CMistian Striueling, probably Ms daughter, according to the tenor of the contract between her and Walter Cambell of Auchinhowe.5
1 Charter in Ballagan Charter Chest. * Leny Writs.
2 Sasine in Ballagan Charter Chest. 5 Register of Testaments in the Diocese of Glas-
3 At Glorat. gow. ' Ego vero Valterns Striveling, egcr corpore
166 STIRLING OF BALLAGAN.
His eldest son and successor was —
II. Lucas Striueling of Ballagan, who was one of his father's executors in 1549. He was curator to Marion Stirling in 1554.1 Andrew Stirling of Portnellan-Haliday, granted a charter on 4th May 1564, to his beloved cousin Luke Stirling and Jonet Edmestoun, his spouse, in conjunct liferent, and to John Stirling their son and heir-apparent, and his heirs and assignees in fee, of the lands of Wester Baldorrane.3 He married Janet Edmastoun, who, with consent of Luke Stirling, resigned to James Stirling of Keir their infeftment of Ballindroch on 22nd October 1564.3
III. Walter Striueling of Ballagan, who was a witness to a reversion in favour of Sir James Stirling of Keir, dated 25th May 1569. 4 Walter Striueling of Ballagan was fined £100 for non-appearance of the panels, for whom he had become surety, that they should enter themselves before the justiciar on 31st January 1570, and underly the law, for the traitorous detention of the tower or fortalice of Perdowye, against the King and his Kegent, and also for their remaining at home from the raid at Linlithgow.5 Walter was tried for being- art and part with William Striueling of Glorat, and others, of the slaughter of Malcolm Kincaid.6 He married Janet Graham, and died on 24th December 1597, as appears by his will, dated the 17th of that month, and confirmed 4th July 1599, and in which his wife is one of his executors, along with John Stirling, elder of Craigbarnet, and John Stirling, elder of Glorat.
• sanus tamen mente, condo testamentum meum in ' Galbraith, et Artluire Hamiltone, cum diuersis ' hunc modum ; inprimis, do et lego auimam meara ' aliis : Teste mea manuali subscriptione Johannes ' Deo Onmipotenti, corpusque meum sepeliendum ' Litiljohne capellanus manu propria.'
' fore in bumo Sancti Mathani, et quatuor denarios Walter Stirling of Ballagan bad a ' carnal
' fabrice Sancti Kentigerni: Item, lego ordino et ' daughter,' Katberine Stirling, who received a life-
' constituo fore meos executores Eufamiam Birsbane, rent charter, in 1545, from John Colquhoun of Kil-
' meam sponsam, et Lucam Striueling meum filium. mardiuny, of half of his lands of Kilmardinny,
' Residuum vero omnium bonorum meorum lego ' propter speciales fauores et amores quos habeo ct
• Eufamie Birsbane mee sponse, vt ipsa disponat pro ' gero erga honestam puellam ac dilectam meam, ' salute anime mee, vt velit rendere coram summo ' et benemerita michi per eandem et suos amicos ' judice in extremo judicio. ' impensa.' She had a brother, John Stu-ling.
' Factum fuit hoc testamentum apud Strablane, (Dcnnistoun MSS.)
' die, mense, et anno quibus supra, per me Domi- ' Keir Inventory. - Glorat Writs.
' num Johannem Litiljohne capellanum, coram hiis 3 Keir Inventory, p. 82. '* Ibid., p. 83.
' testibus, viz. — Domino Gilberto Provane, Johanne 5 Criminal Trials, i. 22. n Ibid., i. 08.
GEORGE STIRLING, 4c, 1602-1668. 167
IV. George Stirling of BaUagan. He witnessed a discharge by Sir Archibald Stirling of Keir, dated 24th May 1602.1 George died in July 1615 intestate, and an inventory of his effects was given up by Jonet Stirling, Ms relict, on behalf of Jeane, Elizabeth, Jonet, and Agnes Stirling's, Iris lawful bairns and executors-dative.2 George was succeeded by his son —
V. Walter Stirling, who was served heir to his father in BaUagan on 22nd August 1618.3 He was probably father of —
VI. Walter Stirling of BaUagan. A letter from him, dated 19th July 1662, to Sir George Stilling, first baronet of Glorat, advising Sir George to take a second wife, is printed in the Correspondence.4 He married Margaret Logan, by whom Iris eldest son was —
VII. John Stirling of BaUagan. On 13th February 1655, Walter Stirling of BaUagan granted a charter, whereby, in implement of a contract of marriage, dated 19th January preceding, betwixt him and John Stirling, his eldest lawful son, and James Stirling, chamberlain of Mugdock, for himself, and Jean Stirling, his eldest lawful daughter, he dispones the lands of BaUagan and HiU of Dum- glas to his son John, Jean Stirling, his future spouse, and their heirs. Walter reserved the liferent to himself and to Margaret Logane, his spouse, of the lands in which she was infeft, conform to their contract of marriage.5 John Stirling died before 20th March 1668, on which date Mr. James Stirling of Bankell, and Mr. Walter Stirling, minister at Baldernock, as tutors, cura- tors, and overseers, ' of the orphans of iirnquhU John Stirling of BaUagane,' required Sir Mungo Stirling of Glorat, then at the New HaU of Craigbarnet, to pay a certain sum owing by him.0
A charter was granted by Sir Mungo Stirling of Glorat, Knight, with con- sent of John Stirling, son to the deceased John Stirling of Craigbarnet, ' my
1 At Glorat. ' An erect stone, on the north side of the turnpike
2 Glasgow Commissary Register. ' road to Campsie, marks the spot, where, two
3 Printed Retours for Stirlingshire, No. 01. ' centuries ago, Mr. Stirling of BaUagan was killed
4 No. 262, p. 497. According to a notice in the ' by a miller of the name of Abernethie.' New Statistical Account of the parish of Strath- 5 BaUagan Writs.
blane, a Laird of BaUagan was killed by a miller. c Glorat Writs.
168
STIRLING OF BALLAGAN.
' sonne-in-law, and Mary Stirling his spouse/ whereby they set in feu-farm to John Stirling, fiar of Ballagan, and Jean Stirling his spouse, the lands of Easter Ballagan. This charter is dated 11th and 19th March 1657.1 John Stirling of Ballagan was succeeded by his eldest son- —
VIII. James Stirling of Ballagan. He obtained a precept of clare constat from William Stirling of Law, superior of Ballagan, for infefting him as heir of John Stirling, his father, on 29th August 1684.2 He was a gold- smith in Glasgow. He married Mary Napier, who survived him, and was living in 1728. They had a son James, and a daughter Jean, to whom her brother James was served heir-general on 29th November 1756. 3
IX. James Stirling of Ballagan. His father having died in embarrassed circumstances, a ranking and sale of Ballagan was brought by the creditors, which depended for twenty-five years, when a separate action was brought by James Stirling as heir-apparent of his father. Under this judicial sale, he in 1728 purchased back Ballagan for £16,100 Scots after a keen competition. In the year 1756, he sold Ballagan to Thomas Graham, merchant in Glasgow,
whose descendant is now John Graham of Ballagan.
1 Ballagan Writs.
2 Ibid.
3 Ibid.
The Seal from which this woodcut is taken, is appended to precept by Walter Stirling of Ballagane, dated 25th October 1535, and is referred to on page 165.
169
VIII. STIRLING OF AUCHYLL,
IN THE PARISH OF POET, STEWAETEY OF MENTEITH, AND
COUNTY OF PERTH.1
The Stirlings of Auchyll are stated by Crawford, in his Remarks on the Ragman Roll, to be descended from the Stirlings of Cawder. The earliest proprietor of Auchyll of the name of Stirling who has been discovered, is —
I. Thomas Stirling of Auchyll, who was infeft in these lands on 10th November 1498, by the Mair of Monteith, in terms of a Precept of Sasine, directed to him from Chancery.3 Thomas had a charter from King James IV. of the same lands, upon his own resignation, on 3rd November 1509. 3 He was succeeded in Auchyll by his eldest son —
II. Walter Stirling of Auchyll. By charter, dated 18th July 1531, Thomas Stirling of Auchyll gave to Walter Stirling, his eldest son and appa- rent heir, and Isabella Grrahame, his spouse, and the heirs of their marriage, the lands of Auchyll, on which charter the grantees were infeft on the 19th July following. Walter was probably the father of James and John. The latter witnessed a sasine, in favour of Robert Buchanan of Leny, dated 5th July 1575.*
III. James Stirling of Auchyll, who witnessed a reversion in 1564, by William Stirling of Ardoch, and another in 1566. He had three sons — 1. William, who succeeded him. 2. James, who is a witness to a contract
1 The old mausion-house or Castle of Auchyll four ladies, of the name of Stirling. The site is
has long since disappeared. It stood about two correctly' noted in Timothy Pont's Map of the
miles north-west of the Lake of Monteith, and a Lennox.
little higher than the present farm house of Auchyll. 2 Auchyll "Writs : Buchanan (or Montrose) Charter
The present tenant (1856) remembers hearing, Chest,
that the last occupants of the mansion-house were 3 Ibid. 4 Leny Writs.
170 STIRLING OF AUCHYLL.
by his brother William in 1602.1 James Stirling, ' second son of the deceased 1 James Stirling of Auchyll, and servitour to Sir Archibald Stirling' of Keir,' got a discharge from the latter, on 18th March 1607.2 James Stirling, second son of James Stirling of Auchyll, had a natural son, John Stirling, who witnessed the charter by William Stirling of Auchyll (IV.) to his eldest son James (V.). dated 5th September 1627. 3. Alexander. The latter wit- nessed a deed of conveyance by the Earl of Mar in 1614.
James Stirling (III.) witnessed a decree-arbitral concerning the marches of Lenrick on 2nd June 1592 :3 he must have died soon thereafter, because in the retour of his son William, as his heir in Auchyll, dated 31st March 1606, these lands are stated to have been in the king's hands, through nonentry since his death, fourteen years before. He was succeeded by his eldest son —
IV. William Stirling of Auchyll, who was served heir to his father in the lands of Auchyll, &c, before the Stewart of Monteith, on 31st March 1606.4 He, with consent of Marion Sinclair, his first spouse, renounced two annualrents out of the lands of Blaquharn and Hayistoun to Sir Archibald Stirling of Keir, on 30th August 1608.5 William Stirling is presumed to have been ' the Barone of Achyll,' mentioned in a warrant under the hand of the Lord Chancellor, 10th June 1623.6 William Stirling of Auchyll was on the War Committee, 1644. He married, 2ndly, Janet Peiblis, who pre- deceased him before 1627, and had by her two sons — 1. James, his successor ; and 2. John. John, second lawful son of William Stirling of Auchyll, wit- nessed a charter by the latter to James Stirling his (William's) son, 5th September 1627. John Stirling had a Crown-charter of the lands of Sheref- hall, in the county of Edinburgh, dated 28th January 1631, and another of the lands of Coldochs, on 28th January 1632.7 Elizabeth Lundy was spouse of William Stirling of Auchyll on 4th August 1630. Their eldest son, Archi- bald, appears to have got the lands of Coldoch from his brother John before 1652. He was also proprietor of Herbertshire.
V. James Stirling, who got the lands of Auchyll from his father William,
1 Contract at Keir. " At Keir. 5 At Keir. c Criminal Trials, iii. 552.
2 Keir Writs. •' Auchyll Writs. " Reg. Mag. Sig.
WILLIAM STIRLING, &c, 1662-1680. 171
by charter dated 5th September 1627, on which James was infeft on the 13th of the same month.1 James Stirling of Auchyll was on the War Committee in 1643. He married, contract dated 19th February 1630, Margaret, sister of John Haldane of Gleneagles, and had three sons — 1. William Sterling of Herbertshire ; 2. George of Auchyll and Herbertshire ; 3. Alexander, also of Auchyll and Herbertshire. James Stirling had also a daughter married to Alexander Short. He seems to have died in chfficulties, between 1653 and 1662.
VI. i. William Stirling, apparent heir of Auchyll. By decreet dated 5th July 1662, obtained by Mr. Andrew Birnie, advocate, against ' William ' Stirling of Herbertshire, sone and apparent heir to umquhile James Stirling ' of Auchyle, his father, and oye and apparent heir to umquhile William 1 Stirling of Auchyle his gudshir,' the lands of Auchyll were adjudged from William.2 He was proprietor of Herbertshire, and appears to have died with- out issue after 1667. He was succeeded by his immediate younger brother,
VI. 2. George Stirling of Auchyll and Herbertshire. He acquired Auchyll from Mr. Andrew Birnie the adjudger, by disposition, dated 8th August 1665, to George Stirling, second lawful son of the deceased James Stirling of Auchyll, on which George was infeft on 2nd October 1665. George Stirling obtained a charter of Auchyll on 8th July 1676.3 On 30th March 1678, he, with consent of Jean Murray, otherwise Creighton, his spouse, disponed Auchyll, &c, to his brother-german, Alexander. George Stirling married, about 1677, Jean Murray or Crichton, ' who was the eldest daughter and co- ' heiress of Sir Bobert Murray abas Crichton of Cockpool, Knight, who was ' executor and universal disponee of James Murray, last Earl of Annandale.'4 George Stirling and Jean Miu'ray had three sons and two daughters- —
1. William of Herbertshire, who died without surviving issue.
2. John, who purchased Auchyll.
3. George of Byres, in the parish of St. Martin and county of Perth. He was a surgeon in Perth. He died on 31st January 1750, and his
1 Aucliyll Writs. -Ibid. 3 Ibid. Stirling of Duchray ami Auchyll, 21st April 1708.
1 Patent of Arms to Colonel Alexander Graham (Duchray Charter Chest.)
172 STIRLING OF AUCHYLL.
widow died on 20th October 1763. They had one son, George of Byres, a student of medicine, who died on 31st August 1750, without issue, and was succeeded by his uncle John.
4. Margaret married, contract dated 8th September 1718, Alexander Graham of Duchray, and was the mother of John Graham of Duchray, who was the father of the late General Graham Stirling of Duchray and Auchyll.
5. Daughter, mentioned by John Stirling as ' Sister Campbell,' on 14th June 1736.1
VI. 3. Alexander Stirling of Auchyll. He obtained a Crown-charter of resignation, on the disposition by his brother George, dated 20th February 1680, on which he was infeft on 19th August thereafter.3 He was con- tracted in marriage, on 13th December 1681, to ' Mrs. Margaret Grahame, ' second dochter to William Earle of Monteith,' who was a consenter, and gave a tocher of 4000 merks Scots.3 Alexander died in June 1715, and was succeeded by his only son —
VII. l. William Stirling of Auchyll. He was retoured- eldest lawful son and heir of his father, Alexander Stirling of Auchyll, on 9th March 1727, and infeft on 15th September following. He sold Auchyll to Lieutenant John Stirling, brother to William Stirling of Herbertshire (and cousin of William the disponer). In the disposition thereof, which is dated 9th De- cember 1718, William Stirling of Auchyll is styled only lawful son and heir to the deceased Alexander Stirling of Auchyll.
VII. 2. Captain John Stirling of Auchyll. He was second son of George Stirling of Herbertshire, and was originally of Bellwill, in the parish of Dry- men, at which there is still a mound, called ' Lady Stirling's Knowe.' He purchased Auchyll from his cousin William in 1718. By disposition, dated 3rd July 1739, he conveyed Auchyll to himself in liferent, and to George, Henry, and John Stirling's, his eldest, second, and third sons, and the heirs-
1 Letter at Ardoch. - Auchyll Writs. her elder sister, are mentioned by any of the peerage
3 Original Contract in Auchyll Charter Chest writers, who all state her father to have died without (Mr. Graham Stirling's). Neither this lady, nor issue.
GEORGE STIRLING, &c, 1756-1849. 173
male of their bodies respectively, in fee. The two latter died before 1754 without issue. He married Christian, daughter of Sir William Stirling of Ardoch. He died at his seat of Herbertshire on 15th January 1756, at an advanced age.1 He had the three sons above stated, and an only daughter, Jean, who afterwards succeeded.
VIII. l. George Stirling succeeded his father in Auchyll, and died without issue on 4th July 1760. He was succeeded by his only sister —
VIII. 2. Jean Stirling of Auchyll. She obtained a precept from Chancery, dated 30th October 1761, for infefting her as only sister-german, and nearest heir of George Stirling, her brother, in the lands of Auchyll, ' In respectu ' quod dictus Capitaneus Joannes Stirling et dicti Georgius, Henricus, et ' Joannes Stirling eius filii, omnes nunc mortui sunt, absque hasredibus ' rnasculis ex eorurn corporibus.'2 Jean Stirling married, 1st, at Edinburgh on 28th January 1751, Sir James Stirling of Glorat, without issue. 2nd, the Honourable James Erskine of Alva, also without issue. She conveyed Auchyll to Mr. Erskine, her husband, and John Graham of Duchray in liferent, and Alexander Graham, his eldest son in fee, by disposition and settlement, dated 29th July 1790. Lady Stirling is referred to in the account of the Glorat Family. She died 24th September 1797, and was succeeded by,
IX. Alexander Graham of Duchray. On his succession to Auchyll he assumed the additional name of Stirling. On 8th June 1799, he was retoured heir to Dame Jean Stirling of Auchyll, his cousin once removed. On 21st April 1798, he obtained a patent of arms from the Lord Lyon, in which he is stated to be great grandson and heir of line of Jean Murray and George Stirling. Auchyll was given in excambion, in 1822, by him to the late Duke of Montrose, whose son, the present Duke, is now the proprietor. Alexander Graham Stirling married Margaret, daughter and heiress of Colonel James Moncrief of Sauchop, and had issue. Margaret died on 8th April 1844, aged 71 years. Her husband died on 2nd April 1849, aged 84 years, and was succeeded by his eldest son,
1 Scots Magazine, xvii. ",2. - Auchyll Writs.
174
STIRLING OF AUCHYLL.
X. John Graham Stirling now of Duchray and Aucliyll. He was called to the Scotch Bar in 1824.
Armorial Bearings,
Shield : Quarterly first and fourth, argent, on a Bend engrailed azure between two roses, gules, three buckles, or ; Second, or, a dyke or wall broken down, in some places, azure between a crescent in the collar point, and a rose in base gules, on a chief engrailed sable, three escallops of the field; Third, argent a saltire engraded, and on a chief azure, three stars of the field.
Crest : An eagle displayed, in his dexter talon a sword, and in the sinister a pistol, all proper.
Mottos : Above the crest, ' For Bight,' and below the shield, ' Noctesque ' Diesque Presto.'
Supporters : Two Lions, argent, crowned or.
175
IX. STIRLING OF HERBERTSHIRE,
IN THE PARISH OF DUNIPACE, AND COUNTY OF STIRLING,
CADETS OF AUCHYLL.
I. John Stirling, second lawful son of William Stirling of Auchyll, witnessed a charter by the latter to his son James, dated 5th September 1627.1 John Stirling, son of William Stirling of Auchyll, had a Crown-charter of the lands of Herbertshire, dated 1st December 1632 2 John Stirling of Herbertshire had also a Crown-charter of the lands of Little Denovan, dated 14th Decem- ber 1635.3 He was one of the inquest on the service of Sir James Livingstoun of Kilsyth, as heir-male of his brother's grandson, William Livingstone of Kil- syth, 23rd April 1647.* He appears to have been succeeded in Herbertshire, before 1664, by his nephew William, eldest son of James Stirling of Auchyll.
II. l. William Stirling of Herbertshire. He was one of the inquest on the service of Sir Archibald Stirling of Garden to Sir George Stirling of Keir, on 15th August 1667. He renounced the succession to James and William Stirling, his father and grandfather, on 31st October in the same year.5 As superior of the lands of Little Denovan, William Stirling of Herbertshire granted to David Forrester of Little Denovan, a charter of these lands, dated 10th September 1667.6 He married, contract dated 13th February 1672, ' Dame Helen Sinclair, Lady Bannockburn,' with consent of her brother- gernian, James Sinclair of Roslin. William Stirling died between 1st April 1768 and 31st December 1679.7 He had a sister married to Alexander Short. William Stirling was succeeded in Herbertshire by his brother.
II. 2. George Stirling of Herbertshire, second son of James Stirling of Auchyll. He had a Crown-charter of Auchyll, dated 8th July 1676, and he disponed Auchyll to his brother Alexander in 1678. George Stirling
1 Auchyll Writs. 5 Glorat Writs.
2 Great Seal Register. 3 Ibid. c Denovan Inventory in Callendar Charter Chest. * Keir Inventory, p. 112. " Ibid., and Auchyll Writs.
176
STIRLING OF HERBERT SHIRE.
of Herbertshire, as superior, granted a charter to David Forrester of the lands of Little Denovan, to be hoi den for three blasts of a horn at the house of Herbertshire, in name of blench farm, dated 31st December 1679.1 He is named in the testament of Sir John Stirling of Keir, 12th June 1682. Jean Crichton, daughter of Sir Eobert Crichton, a brother's son to William, Earl of Dumfries, was married to George Stirling, Laird of Herbertshire, and had three sons — 1. William, who succeeded him; 2. John, who be- came Laird of Auchyll ;2 3. George, who was a surgeon in Perth in 1715, as appears from a discharge of that date, by his brother William, at Glorat ; and two daughters, who are noticed in the account of Auchyll. George Stirling died between 25th September 1696, and 28th March 1707.
III. 1. William Stirling of Herbertshire: On 28th March 1707, he was retoured heir to Ms father in the lands and barony of Herbertshire.3 In 1740 he disponed the lands of Gunnershaw, part of Herbertshire, to Charlotte Lady Forrester, widow of George Lord Forrester. ' April 25, 1718, William ' Stirling of Herbertshire, Esquire, and Lady Lillias Forrester, daughter to ' the noble Lord William Forrester of Torwoodhead, compeared and gave up ' their names for proclamation in order to marriage, who being three times pro-
1 claimed in one Sabbath, and no objection ■ being made against their said purpose, ' they were married, April 30th.'4 They had a daughter, baptized Charlotte on 1st March 1719,5 and another, baptized Jean on 30th March 1722.5 These two daughters o y/u /i died without issue. William Stirling of
« \)d@- Herbertshire died before 28th January
(^Z^ 1751, and was succeeded by Ins brother,
III. 2. Captain John Stirling of Bellwill, Auchyll and Herbertshire ; an account of him is given under Auchyll, No. VII. 2. To him succeeded
his eldest son,
1 Denovan Inventory.
2 Drummond History, p.
189, and Auchyll Writs.
3 Denovan Inventory.
4 Dunipace Session Records.
Ibid.
GEORGE STIRLING, &c, 1756-1768.
177
IV. 1. George Stirling of Herbertshire and Auchyll : He succeeded his father in 1756, and died on 4th July 1760, without issue. He was succeeded by his only sister,
IV. 2. Jean Stirling of Herbertshire and Auchyll : She was married at Edinburgh on 28th January 1751, to Sir James Stirling of Glorat, Baronet,1 without issue. She sold Herbertshire in 1768 to William Morehead, whose grandson sold it in 1836 to the late William Forbes, Esquire of Callendar, whose son is the present proprietor. Lady Stirling then purchased the estate of Eavelston.
1 Scots Magazine, xiii. 53.
Armorial hearings.
Shield : Argent on a Bend engrailed azure, between two roses gules, three Buckles, or.
Crest : A Boar's Head couped proper. Motto : Gang Forward.
z
178
X. STIRLING OF DRTJMPELLIER,
IN THE COUNTY OF LANARK.
In the year 1818, Andrew Stirling of Drumpellier, Esq., obtained a brieve from Chancery, directed to the Sheriff of Edinburgh, for procuring himself served heir-male in general of Robert Stirling of Bankeir and Lettyr, or Lettyr-Stirling, in the county of Stirling, who died in 'the year 1537.
The claim laid before the inquest, set forth the propinquity of the claimant, who prayed to be served nearest and lawful heir-male in general to the said deceased Robert Stirling of Bankeyr and Lettyr, ' my great-great-great-great- ' great-grandfather, who died in the year 1537 ; and whose children, in a ' judicial proceeding after his death, before the Lords of Council and Session, ' were expressly declared to be next in succession to Janet Stirling, only ' daughter and heiress of Andrew Stirling of Cadder, failing heirs of her own ' body.'
In support of this claim, the claimant submitted to the jury an abstract of the documentary evidence of his propinquity. This abstract was divided into two parts, the first containing proofs of the claimant's descent from Robert Stirling, and the second containing proofs of the identity of that ancestor with the Robert Stirling, whose children were designed by the heiress of Cawder next in succession to her, failing heirs of her own body.
When the claim came to be tried before the Sheriff of Edinburgh and a jury, on 18th April 1818, Sir Samuel Stirling of Glorat, Baronet, who ap- peared in opposition to the claim, objected to the consideration of that part of the brieve and claim which related to the declaration of the heiress of Cawder in favour of the children of Robert Stirling. The Sheriff-substitute sustained the objection, and pronounced an interlocutor, finding, ' that the ' claim cannot go to the jury to any other effect than to that of serving the ' claimant nearest and lawful heir-male in general to Robert Stirling, who 1 died in the year 1537.'
179
The jury having considered the claim thus restricted, served the claimant heir-male in general to Eobert Stirling of Bankeir and Lettyr.
The claimant protested, that it was still competent to him to bring forward the second branch of his claim in another shape ; and he averred, that if he succeeded, it would then follow, ' that the claimant is the undoubted repre- ' sentative of the ancient house of Gadder.'
The claimant never followed out his protest, or carried his case further ; and it may be held, that he failed to establish his claim to be heir-male of the Sth'lings of Cawder.
The propinquity of the claimant was thus stated in his claim —
I. Kobebt Stirling of Bankeyr and Lettyr. He married Marion Fleming of Boghall, and had two sons, John, and William of Bankeyr, who married Elizabeth Stewart, and died in 1575, leaving two daughters, Elizabeth and Barbara.1
II. John Stirling of Lettyr and Bakmharrage.2 He married Beatrix, daughter of George Elphinstone of Blythswood, and had eight sons and two daughters — 1. Bobert, of Lettyr and Balquharrage, married, 1st, Mary Stirling ; 3 2nd, Jean Guthrie. 2. George, notary in Glasgow, married Marion Watson. 3. William, merchant in Glasgow, married, 1st, Helen Loch, 2nd, Janet Young ; he died in 1621. 4. Andrew, merchant in Edinburgh, married
1 John Striuiling of Lettir had a sister, ' Jane John Stirling was George Stirling, one of the ma- ' Striuiling,' in whose favour Archibald Sterling of gistrates of Glasgow. He married Helen, daughter Keir, and ' Jane Lady Keyr,' granted a precept to of the Rev. Robert Fleming of Kirkintilloch, by their tenants in Ballindrocht to pay her yearly ' thre whom he had the five sons, who are mentioned in ' bollis ait meill,' which is said by a subsequent pre- the following lines —
cept to be ' ane pension assignit to hir for suporting ' Here lyes interrd, under this stone,
' hir honestle :' These precepts are dated 10th Fe- ' The Corpse of Mungo, Robert and John,
bruary 1580, and 1st May 15'J1. (Bardowie Writs.) ' Walter and William, for whom alone
2 Bethara, in his Baronage (IV. 421), gives an ' I many times do sigh and groan.'
account of the Stirlings of Garnkirk, in the barony The John Stirling in Garnkirk, mentioned by
and regality of Glasgow, as descended from John Betham, was punished for interrupting the cele-
Stirling, a son of Balquharrage, who feued from bration of the Sacrament in Cawder Church : Vide
the Commendator of Glasgow the lands of Garn- note, p. 70.
kirk in 1587- He married Isabel Boyd of Baden- 3 She was daughter of John Stirling of Glorat,
heath, and had several sons, who came after the and was married to Robert Stirling in 158fi. Vide
sale of Garnkirk to Glasgow. The grandson of Glorat Family.
180 STIRLING OF DRUMPELLIER.
Margaret Smith, and died in 1631. The claimant stated, that there was ' no surviving issue ' of these four sons. 5. Ninian, died young. 6. Walter, of whom afterwards. 7. Malcolm, merchant in Glasgow, married Katherine Davidson, and had issue a daughter, Margaret. 8. James. 9. Margaret, married Archibald Haggate, town-clerk of Glasgow. 10. Elizabeth, married John Graham of Killearn, and had issue two sons.
III. Walter Stirling, merchant, Glasgow, married Helen Wemyss, and had three sons and two daughters — 1. John. 2 and 3. George and Andrew, both died unmarried. 4 and 5. Helen and Jean, also both died unmarried. Walter died in 1656, and was succeeded by
IV. John Stirling, merchant, Glasgow, born 1615, married Janet Nelson, and had five sons and one daughter — 1. John. 2. William, bailie of the regality of Glasgow, married Euphan Cuninghame, and had a son, John, also bailie of the regality, who married, but left no male issue. 3. Henry. 4. Walter. 5. James. 6. Marion. These three sons and the daughter all died unmarried. He died in 1648, and was succeeded by his eldest son,
V. John Stirling, merchant in Glasgow. Born in 1640. He married Janet Campbell and had three sons — 1 . John. 2. Dr. William, a surgeon in Glasgow, born 1682 ; married, 1st, Janet Smith, and 2nd, Elizabeth Murdoch, by whom he had one son, Walter, who was born in 1723, became a bailie of Glasgow, and died unmarried in 1791. Dr. William had also one daughter, who was married to Patrick Nisbet ; their daughter was married to L. Din- woodie, merchant in Glasgow. 3. Walter, ancestor of the Stirling's of Faskine, which see, under No. XI. John (V.) died in 1709, and was succeeded by his eldest son,
VI. John Stirling, merchant and Provost of Glasgow. Born 1677. Mar- ried Isabella Hunter, and had four sons and two daughters — 1. James Stir- ling, minister in Glasgow, born 1709, died 1772, S. P. 2. Walter, merchant in Glasgow, born 1714, and died 1758, unmarried. 3. William, of whom afterwards. 4. Edward, born 1719, was a goldsmith in Glasgow, and died in
WILLIAM STIRLING, &C, 1717-1818. 181
1743, unmarried. 5. Isabella, born 1704, married Andrew Aiton, merchant in Glasgow, and had one daughter, Margaret, who married Andrew Black- burn, merchant, there. 6. Janet, born 1707, married Robert Luke, merchant, Glasgow, and had three daughters — Isabella, Elizabeth, and Janet, married respectively to George Bogle, James Yeaman, and Robert Craufurd. Provost Stirling appears to have died in 1736, as in a letter from Captain John Stirling of Auchvll, dated in June of that year, he mentions the death of ' honest kind Provost Stirling.'
VII. William Stirling, merchant in Glasgow, born 1717, married Mary Buchanan ; issue four sons and three daughters — 1. Andrew of Drumpellier. 2. John of Tilly chewan, married Janet Bogle. 3. James of Stair, married Margaret Murdoch. 4. George, died unmarried. 5. Marion, married Robert Mackay, merchant in Glasgow. 6. Elizabeth, married William Hamilton, Professor of Astronomy in the University of Glasgow, and had two sons, the elder of whom was the late Sir William Hamilton of Preston, Baronet, Pro- fessor of Logic in the University of Edinburgh. 7. Agnes, married to Dugald Bannatyne, merchant, Glasgow, and had issue.
VIII. Andrew Stirling of Drumpellier, the claimant, married Anne, daughter of Sir Walter Stirling of Faskine, Knight.1 Although Mr. Stirling failed in establishing before the Sheriff and the jury, to whom his claim was submitted, that the Robert Stirling to whom he was served heir-male, was the same Robert Stirling who is referred to in the declaration by the heiress of Cawder, the Lord Lyon seems to have had little scruple in taking this for granted, and awarded to him Arms with Supporters, under the following Patent, which is dated 18th August 1818.'- ' Andrew Stirling, Esquire of ' Drumpelher, seventh in lineal descent, and by retour to Chancery, dated ' 18th April 1818, nearest and lawful heir-male of the body of Robert Stirling ' of Bankeyr, and Letter or Lettyr-Stirling, in the county of Stirling, who was ' killed in a feud in the year 1587, and whose children, in a judicial procedure ' after his death, in presence of the Lords of Council and Session, were expressly
1 The fifth son of this marriage is Sir James the Red in 1855. [Dod's Knightage, 1857, p. Stilling, Knight, who became Rear-Admiral of 518.] 2 L3Ton Register, vol. ii. p. 181.
182
STIRLING OF DRTJMrELLIER.
declared (failing issue of her own body, which happened accordingly), to he nest in succession to Janet Stirling, only daughter and heiress of Andrew Stirling of Cader, the last direct representative of the house of Cader, or of that ilk; which descended from the powerful Barons of the Carse, whose paternal ancestor Willelinus Filius Thoraldi Yicecomes de Strivelyn1 (from which office the name was derived), possessed the lands of Cawder as early as the reign of William the Lion, which commenced in the year 1165 — Bears, Argent on a Bend sable, three buckles of the field : Crest ; issuing out of an antique coronet or, a Hart's Head couped azure — Motto above the crest: ' Gang Forward.' Motto below the crest : ' Castrum et Numen Strivelense ; ' supporters : two Caledonian Bulls proper gorged and chained or.'
1 No evidence of this is referred to.
183
XI. STIRLING OF FASKINE,
NEAR GLASGOW, IN THE COUNTY OF LANARK.
This is a younger branch of the Stirlings of Drumpellier.
I. Walter Stirling of Sherva: born in 1686, married Janet, daughter of William Ruthven of Torryburn, and died in 1732, leaving an only son Walter, and a daughter Margaret, who was married to Walter Aitken, by whom she had a daughter, married to James Ballantyne of Orchyard.
II. Sir Walter Stirling of Faskine, Captain R.N. Born 18th May 1718, knighted 23rd March 1751. He distinguished himself in the naval service, and was appointed in 1781 Commodore and Commander-in-Chief at the Nore. He was afterwards offered a baronetcy by King George III. which he declined, but which was subsequently conferred upon his son (III). He married, 30th October 1753, Dorothy, daughter of Charles Killing of Phila- delphia. She died at Drumpellier on 20th September 1782,1 leaving issue —
1. Walter, created a baronet.
2. Charles, Vice- Admiral of the White, who married at Greenwich on 10th August 1789, Charlotte, second daughter of the late Andrew Grote of Blackheath,2 and had issue.
3. Anne, married to her cousin Andrew Stirling, Drumpellier, and died his widow, 1st June 1830, leaving issue.
III. Walter Stirling, eldest son of Sir Walter ; born 24th June 1758, created a baronet 15th December 1800. He married, 28th April 1794, Susannah, daughter and sole heiress of George Trenchard Goodenough of Borthwood, Isle of Wight, and by her, who died at London on 8th June 1806, had issue —
1 Scots Magazine, xliv. 502. '2 Ibid. li. 412.
184 STIRLING OF FASKINE.
1. Walter-George, his heir. 2. Mary-Jane, married in January 1816, Sir James Flower. 3. Dorothy- Anne, married John, second son of Sir T. Barrett Lennard. 4. G-eorgina-Matilda, married, 1st, H. D. Milligan, and, 2nd, Sir T. B. Lennard. Sir Walter died 26th August 1832, and was succeeded by — ■
IV. Sir Walter-George Stirling of Faskine, Baronet, born in 1802 ; he
is a Deputy Lieutenant of Middlesex ; married, 18th August 1835, the Lady
Caroline-Frances Byng, daughter of the Earl of Strafford, and has issue —
1. Walter, born at Vienna, 5th March 1838. 2. Walter- George, born 6th
September 1839. 3. Frances-Mary. 4. Harriet- Anne.
armorial Bearings.
Shield: Argent on a Bend engrailed, azure, between two roses, gules, seeded, or; barbed vert, three buckles of the fourth, all within a bordure of the fifth.
Crest: Issuing out of a ducal coronet a dexter arm mailed, grasping a Dagger in fesse, halted and pommeled or.
Supporters : Two hinds purpure, sem6e of estoilcs argent, ducally gorged, or.
Motto : Gang Forward.
185
XII. STIRLING OF MANSFIELD,
IN THE COUNTY OF AYE.
In the account of this family, which is given in Betham's Baronage, voJ. iv. p. 247, it is said, that Gilbert Stirling, the first of the family, is descended from the ' Family of Kerr.' But no evidence is quoted to prove this descent.
I. Gilbert Stirling married Margaret, daughter of Alexander Cuming of Birness, in the county of Aberdeen, a cadet of the family of Altyre, by whom he had a son,
II. Alexander Stirling, who was a merchant of much respectability in Edinburgh, having a shop in the Luckenbooths for the sale of cloth and other goods.1 He married Jane, second daughter of James Moir of Lochfield, in Perthshire, a cadet of the family of Moir of Leckie, and by her, who died on 30th July 1810, aged ninety-four years, he had seven children — 1. James, created a baronet. 2. Gilbert, a merchant in London, who died unmarried in 1779. 3. Alexander, also died unmarried. 4. Janet, wife of George M'Queen, Esq., by whom she had a son, David, and three daughters — Jean, Margaret, and Alison. 5. Seasa. 6. Elizabeth, who both died un- married; and 7. Margaret, wife of Charles Robertson, Esq., by whom she had two sons, Charles and James.
III. James Stirling of Mansfield, in the county of Ayr. Among the Ken- letters there is one from James Stirling, cloth merchant in Edinburgh, dated 1st January 1747, on which Mr. Charles Stirling, younger son of William Stir- ling of Keir (No. XVIIL), wrote the following note—' The writer of this letter ' was father to Sir James Stirling, late Provost of Edinburgh, and grandfather ' to Sir Gilbert Stirling.' But this is a mistake, as Alexander was the father
1 Kay's Portraits, vol. ii. p. 2C3.
186 STIRLING OF MANSFIELD.
of Sir James, as appears from his monument in the Greyfriars' churchyard. James was probably the uncle of Sir James. The author of the memoir of Sir James, in Kay's Edinburgh Portraits,1 says, that ' in early life he went to ' the West Indies, as clerk to an extensive and opulent planter, Mr. Stirling of ' Keir, where he conducted lrhnself with such propriety, that in a short time, ' through the influence of his employer, he was appointed secretary to the ' governor of the Island of Jamaica, Sir Charles Dalhng.' James Stirling was thrice Lord Provost of Edinburgh, and was created a baronet on 19th July 1792, as a mark of his Majesty's most gracious approbation of his conduct during the riots in that year, when (according to the statement of his friends), so far from taking refuge in the Castle from fear of personal consecpiences, he remained there at great inconvenience to himself, in order that the military should have a civil magistrate ready to accompany them when called on, which he did on more occasions than one.2 He purchased the estate of Garrieve or G-artlochs (pronounced Garclaugh), in the parish of New Cumnock, Ayrshire, and changed the name to Mansfield. He married Alison, youngest daughter of James Mansfield, banker in Edinburgh, by whom he had three sons — 1. Gilbert, second baronet; 2. James; and 3. WiUiam-Eobert, who both died yoimg ; and two daughters, Janet, married to Sir Thomas Living- stone of Westquarter ; and Jane, who died young. Sir James Stirling died on 17th February 1805, aged sixty-five years.3 His widow died on 20th July 1823.
IV. Sir Gilbert Stirling, second Baronet. He entered the Coldstream Eegiment of Guards at an early age, and served at the Helder, and in Egypt under Sir Ralph Abercromby, and afterwards in the Peninsula under the Duke of Wellington. In 1812, Sir Gilbert retired from the service, in which he had attained the rank of Lieutenant-Colonel. He sold the estate of Mansfield, and purchased that of Larbert, in the county of Stirling, where he died on 13th February 1843, aged sixty-four years.4 He left the estate
1 Kay's Portraits, vol. i. p. 373. robes, in a procession, she exclaimed, ' Is that
2 Kay's Portraits, vol. ii. p. 2G3. the Lord Provost? I thocht it was the corpse
3 Monument in Greyfriars' Churchyard. In per- rinnin' awa wi' the mortcloth.' (Kay's Portraits, son, Sir James was tall and extremely attenuated. No. 150.)
It is related, that on his being pointed out to a 4 Monument in Greyfriars' Churchyard, Edin-
country woman, while walking, attired in his velvet burgh.
SIR GILBERT STIRLING, 1805-1S43.
187
of Larbert, and his large fortune to be invested in land, to be entailed on the heirs of Ms cousin, Sarah-Mary-Emily Kobertson, wife of Major Francis Day Chahner. Their son, Gilbert Stirling Chahner, is the first heir to the estate of Larbert, and is to assume the sirname of Stirling.
flvmovtal Bearings.
Shield: Argent, on a bend azure, between a Moor's head in profile in chief, couped sable, wreathed about the temples, or; and in base a garb of the second three buckles of the fourth.
Crest: A demi Moor couped in profile, in the dexter hand an arrow in less, at his back a quiver of arrows, all proper.
Motto : Forward.
188 XIII. STIRLING OF GLENESK,
IN THE COUNTY OF FORFAR.
The Stirling's acquired Glenesk at a very early period ; and the last male pro- prietor of the name was Sir John de Striviling, whose daughter and heiress, Catherine, was married in 1365 to Sir Alexander Lindsay, third son of Sir David Lindsay of Crawford. Sir David Lindsay of Glenesk, who was created Earl of Crawford in 1398, was the eldest son of Sir Alexander Lindsay and Catherine Striviling.1 Lord Lindsay says, that
' The cognisance of the Stirling's of Grlenesk being three stars, in common with the ' house of De Moravia and other northern families (the Stirlings being even some- ' times designed, territorially, De Moravia), Sir Alexander differenced his paternal ' coat, by placing a star in the dexter chief point, or upper corner of the shield. ' His son, Earl David, dropped it on becoming chief of the family, but the star was ' readopted by the Lindsays of Edzell, and semee on the bordure borne by those ' of Balcarres.'2
David Lindsay of Edzell, in 1571, carried the star of Stirling of Glenesk in the centre,
' By way of a family difference, in right of his descent from Catherine de Striveline, ' mother of David, first Earl of Crawford, the daughter and heiress of Sir John ' Striveline of Grlenesk, head of an ancient and powerful family, whose arms consisted ' solely of stars. The stars, as a cherished gentiiitial badge or emblem, are still visibly ' sculptured (together with the Crawford arms proper) upon prominent parts of the ' old castle of Edzell, which lay within the barony of Glenesk. They hence also, ' by Scotch practice, became what were termed the ' feudal arms ' of the barony, '■ which were also derived from the first tenants in capite, or possessors — in this ' instance undoubtedly the Strivelynes.'3
1 Lives of the Lindsays, I. p. 51, and documents John de Strivelyne. Compel. Camerariorum Scot.
there quoted: David, first Earl of Crawford, en- II. p. 600.
(lowed a chaplain in the church of St. Beternau 2 Lives of the Lindsays,
to celebrate mass for the soul of his grandsire, < Crawford Peerage Case, pp. 17.r>, 176,
STIRLING OF GLENESK. 189
Catherine de Striveline had a sister, who was co-heiress with her to their father's estates, The sister was married to Robert de Atholia, who inherited, through her, lands in Inverness and Moray.
Tradition gives another account of the succession of the Lindsays to Grlenesk. It is said, that the last Sir John Striveline of Grlenesk had a son and a daughter.
' They were left orphans, and the former, small of stature, and greatly deformed
' in body, was familiarly known by the diminutive cognomen of ' Jackie Stirlin.' ' ■ Although physically defective, he enjoyed excellent health, and was neither imper-
1 vious to the softer feelings of humanity, nor too unseemly for the kindly eyes of
' women, by one of whom, the lovely daughter of a neighbouring baron, his offer of
: marriage had been accepted. This was altogether contrary to the wishes and ex-
' pectations both of his sister and her Rver, the gallant Sir Alexander Lindsay ; and
1 all remonstrance having failed to prevent the nuptials, they laid a deep and heartless
' scheme for bis overthrow ; and one evening, while taking an airing alone in the
' wooded defile, he was pounced upon by a masked assailant, and summarily despatched
' at a place still pointed out a Httle to the north of the castle. He was buried in the
' family sepulchre ; and many old people believe, that amongst the broken bones with
' which the vault is so profusely strewn, they have often beheld the crooked remains
' of the poor luckless knight.'1
Part of the old castle of Edzell, once the residence of the Stirrings of Grlenesk, is called ' Stirling Tower,' and is believed to have been erected by them.2
1 Land of the Lindsays, p. 2G. 2 Ibid. p. 52.
190
XIV. STIRLING OF EASTER BRAIKY,
IN THE PARISH OF RTNNELL AND COUNTY OF FOEFAE.
This is an old Branch of the Angus Stirlings. The first on record is —
I. Peter de Strivelyne of Easter Breky, who, with John his son, had a charter of these lands from Hugh Fraser, Lord of Lovat and of Kynnell, dated 30th March 1407.1 He had two sons — 1. John, who succeeded; and 2. Hugh, who is mentioned as the second son of Peter, in the charter of 1407, just quoted.
II. John Strivelyne of Easter Braiky, who, with Peter his father, received the ahove charter in 1407. He was probably the father or grandfather of —
III. John Striveling of Easter Braiky, who, on 10th December 1476, granted a charter of these lands, in favour of Mr. George Striveling his son, and which was confirmed by Hugh Lord Lovat, the superior, on 24th January 1477. John died between the date of the charter and the confirmation, as in the latter he is called ' quondam.' Both of these charters were confirmed by the Crown on 23rd February 1480.3 In this last -charter King James III. styles the grantee ' dilecto clerico nostro magistro Georgio Striveling.'
John Striveling (III.) had two sons — 1. Peter or Patrick; 2. Mr. George, already mentioned.
IV. Patrick Stirling of Rynmuir. He is a witness to the charter by his father John to Mr. George, younger brother of this Patrick, dated 24th January 1477. Patrick died before 8th June 1519, and was succeeded in Iris
1 Supra, p. 4, note G. The author of the article ' of Fraser, impaled with quarterly first and fourth
on the parish of Kinnell, in the New Statistical ' gules three crescents of the second — the arms
Account, alludes to this grant, and mentions the 'of Fierrepont — second and third, three mullets
successors of the Strivelins in the lands of Easter 'of the second — the arms of Murray. There is
Braiky — ' In the castle of West Braky there ' no crest. Above the shield are the letters T. F.,
' exists a memorial of the Erasers — a coat of arms ' and over the letters is the motto ' Soli Deo
' with the date 1581. The blazon of the arms is ' Confido."
' azure three cinqucfoils argent, the cognizance 2 Great Seal Register, B. 0. 40.
GE0RC4E STRIUELING, &c, 1499-1546. 191
lands of Rynmuir by his son Alexander, who had a precept of sasine of that date from Mr. George Striueling of Breke, for infefting Alexander as heir to Patrick his father, and brother of George.1
IV. Mr. George Striueling of Easter Braky. He acquired these lands from his father as already stated. Hugh Lord Frassar of Lovat, and Baron of the Barony of Kynnell, granted, on 1st November 1499, ' dilecto consanguineo ' nostro Magistro George Striueling,' a charter of the lands of Easter Brekie, and of an annualrent of ten rnerks payable out of the same. The charter bears, that the lands and annualrent belonged to William Stirling, son and heir of Walter Stirling, and were resigned by him to Mr. George Stirling.2 By char- ter, dated 2nd June 1509, Mr. George Striueling of Ester Brekky, and Patrick Striueling his brother-german, with consent of David Striueling, son and ap- parent heir of Mr. George, mortified an annualrent of ten rnerks from Ester Brekky for the chaplain of Kynnell, which was confirmed by crown-charter, dated 12th March 1512. 3 He also acquired the lands of Balcaslrie in Fife, from John Erskine of Dun, who granted a charter of sale thereof to George, and Margaret Dalgleish, his wife, dated 23rd April 1510. This charter was confirmed by the Crown on 6th May following. Mr. George Sterling had an- other crown-charter of Easter Breky, dated 22nd October 1526. 4 Mr. George Stirling appears to have been succeeded in Easter Breky by his said son,
V. David Striueling of Easter Braiky, who made a mortification to the Church of Montrose out of these lands, which was confirmed by crown- charter, dated 24th February 1531. 5 David Striueling of Easter Breky, witnessed seisin of a house in Murray Street, Montrose, in favour of John Erskine of Dun, and Margaret, Countess of Buchan, Ms mother. David Striueling of Brekky, and many other landed gentlemen, were, on 2nd February 1532, fined for not appearing to pass on the assise of Jonet, Lady Glammis, who was tried for witchcraft.0 He had two sons — 1st, David, who appears
1 Braiky Charters. These charters formed part and James Murray, grandsons ( ' nepotibus nostris') of the varied stores of David Laing, Esq , Signet of Lord Frassar, are two of the -witnesses. Library, Edinburgh, -who with his usual generosity, 3 Braiky Charters.
kindly communicated them to the Editor. 4 Great Seal Register.
2 Braiky Charters. To this charter, Alexander 5 Ibid. » Criminal Trials, i. 158*.
192 STIRLING OF EASTER BRAIKY.
to have predeceased him. or at least to have died without making up a feudal title to the estate. 2. George. 3. Thomas, who had two daughters ; Helen, who succeeded to Balcaskie, as after stated, and another daughter, whose name has not heen ascertained, who married Beaty, and had two daugh- ters, of whom hereafter. 4. John, burgess in Dundee in 1561. On the 2nd August 1564, his grandson, David Striveling, was retoured heir of this David, his grandfather, in the lands of Balcaskie in the county of Fife,1 from which it appears that this David had then heen dead for eighteen years. He had therefore died in 1546.
VI. 1. David Striveling of Easter Braiky. He probably died before his father, but certainly before 8th May 1548. His only son was — ■
VII. 1. David Striveling of Braky. He received from Jane Gray, Countess of Craufurd, a precept of sasine for infefting him in Easter Braiky as heir of David his grandfather, dated 8th May 1548.2 He was retoured heir to his grandfather David, on 2nd August 1564, as above stated. This David was then in minority, and he got a dispensation to be retoured heir to his grand- father, dated 3rd January A. B. 22. (1564.) He died soon afterwards with- out issue, and was succeeded in Easter Braiky by his uncle,
VI. 2. George Stiruelyng of Easter Braiky. On 24th March 1561, an agreement was entered into at Montrose, between ' George Stiruelyng, father ' brother and apperand air maill and of tailze of Dauid Stiruelyng, now of ' Breikye, and Johnne Stiruelyng, burgess of Dundie, brother to the said ' George.' The agreement narrates, that ' Forsameikle as the said Dauid ' Stiruelyng now of Breckye is hewely vexit with deadlie infrrmitie and seiknes, ' quhair throw it is supponit him to depart to the lord, and in case the said ' Dauid clecessis, the said George binclis and oblisses him faithfullie to entir ' as air maill and of tailze to the said Dauid, in and to his landis of Easter ' Braikye,' and thereafter to infeft the said John Stiruelyng, who had paid to George the sum of one thousand merks, and promised to pay him farther an annuity of £40 Scots, ' with tua stand of honest and competent clething,'
1 Printed Eetours, Fife, No. 50. 2 Braiky Charters.
JOHN STIRLING, &c, 1615-1633. 193
yearly during the lifetime of George.1 David Striveling died in January 1566, as appears from the retour of George to him, dated 22nd March following.2 On 2nd April 1567, Thomas Fressar, Baron of Kynnell, granted a precept for infefting George Striveling in Easter Breky, as heir-male of David Striveling, who was the son of his hrother, and George was infeft on the following day — John Striveling acting as Ms attorney.3
Owing to the loss of the Braiky charters subsequent to this date, the later Lairds have not been ascertained, with the exception of
VII. 2. John Stirling of Easter Braiky, who was probably the son or grandson of John Striueling above mentioned, as the contracter with his brother George, for acquiring the estate on the death of their nephew, David (VII). This John VII. was a debtor in the testament of George Gladstones, Archbishop of St. Andrews, in 1615. 4 John was succeeded by his son —
VIII. James Stirling of Easter Braikie. He was retoured heir of John his father, on 18th December 1633. 5
David Strmeling of Braky (VII.) was succeeded in Balcaskie by his cousin.
VII. 3. Helen Striveling of Balcaskie, who was retoured heir of David Striveling of Easter Braiky, her grandfather, in the lands of Balcaskie, on 8th April 1567.° She died without issue in 1593, and was succeeded by her two nieces —
Barbara and Jonet Beatie, who were daughters of Beatie, by the
second daughter of Thomas Striveling, brother of David (VII.). On 3rd Oc- tober 1620, Barbara and Jonet were retoured heirs-portioners ' Helenas Strive- ' ling neptis et hasredis quondam Davidis Striviling de Brakye, fratris germani ' quondam Thomas Striviling' — ' neptis avi fratris' — that is, heirs to the niece of the brother of their grandfather in the said lands of Balcaskie.7 The re- tour bears, that Helen had been dead for twenty-seven years, i.e. since 1593.
1 Braiky Writs. 5 general Retours, No. 2011.
2 Ibid. 3 ibid. r. Printed Retours, Fife, No. 62. 4 Wodrow's Biographies. » Ibid., Nos. 312, 313.
2u
194
XV. STIRLING OF TULLYDUFFY OR TULYDUVY,
IN THE COUNTY OF FORFAR.
It is probable that these Stirling's were collaterals of Grlenesk.
I. John Stkiueling of Tullyduffy died between 3rd February 1488 and 20th June 1494.1 He was succeeded by his son,
II. Andrew Stkiueling of Tullyduffy. He was served heir to his father John, in the lands of Gylcorne, before 20th June 1494, which service was reduced.2 He died before 18th June 1532.
III. Johnne Steiveling of Tullyduvy, on 18th June 1532, obtained letters directed to the bailies of the city of Brechin, mentioning, that ' quhair he hes ' twa Landis and Tenementis pertening to him in heretage callit Strivelingis ' Landis, Hand in the north est syde of the said Oiete of Brechin, quhilk his ' fader and guideshir and their predecessors brukit peceable as their heretage ' all thair dayis, and thai now being decessit, and thair charteris and evidentis • brynt, tynt, and destroyit, the tyme that the Pest was in Brechine, the said ' Johnne can get na entre thairto be brevis.' He was ordered to be served heir to his father in the said subjects.3
From another entry in the same record, under date 15th May 1532, it appears that Andrew and John Striveling were the father and grandfather of the said John,4 as above shown.
1 Acta Dom. Con. pp. 106, 032. ' Acta Dom. Con. et Sess. vol. i. fol. 29.
2 Ibid. ' Ibid. vol. xliii. fol. 199.
195
XVI. NOTICES OF SIR JOHN DE STRIVEL1NG,
WHO WAS SUMMONED TO THE PARLIAMENT OF ENGLAND IN THE REIGN
OF EDWARD III. 1342-70.
The earliest notice of the Stirlings, is in the reign of David I., as proprie- tors of lands on the Borders, and it is probable that branches of these early Stirlings had crossed the Border, and settled on the English side. Among the burgesses of Berwick who swore fealty to Edward I. in 1291, were ' Adam de Striuelin ' and ' Johannes de Striuelin.'
This Sir John de Striveling was connected with the county of Northum- berland. He rose to great importance by adhering to the English side during the disturbed reign of David II.
In 1335, he directed the siege of Lochleven in the service of Baliol, and was appointed in the same year Sheriff of Edinburgh, and keeper of the castle, with the power of receiving, in King Edward's name, all Scotchmen coming to his faith and allegiance.1 In 1341, he was appointed, in con- junction with the Bishop of Durham and Ralph de Neville, a commis- sioner for concluding a peace with David II. and the Scots, and he was employed in a similar character at intervals for several years.2 In 1344 and 1345, he was Governor and Chamberlain of Berwick,3 probably at that time the most important military trust under the Crown. In 134G he attended the King in his French expedition.4 In the end of that year (27th February), he was again a commissioner for treating with ' all and ' sundry the King's adversaries of Scotland, whether Scots or English, who ' are willing to come to the faith of the King,' and on the same day, the King, for his good and laudable service, bestowed upon him in com- pensation of three hundred pound lands which he had promised to give him
1 Rotuli Scotie. 2 Ibid. 3 Ibid. * Eotuli Frantic.
19G SIR JOHN DE STRIVELING.
in Scotland, Foulden and all other lands forfeited by Willarn de Ramsay
— Loughhorward, forfeited by David de la Haye ; Eosselyn by John de Seyncler ; Kathen by the Steward of Scotland ; and Lastalrig by John de Lastalrig. In 1346, he accompanied Baliol in his expedition into Scotland, bringing with him twenty men-at-arms, of whom one was a banneret, two were knights, and seventeen esquires, with twenty mounted bowmen.1
This trusted servant of Edward III. was summoned to Parliament among the Barons of England, in the 16th year of Edward III., and had summons again in 37 Ed. III., 38 Ed. Ill, 39 Ed. III., 42 Ed. III., and 44 Ed. III.
— that is, from the year 1343 to 1370.2
He married Barbara, sister and co-heir to Adam de Swinburn.3 Christian, their daughter and heiress, married Sir John Middleton of Belsay Castle, in Northumberland. Sir Harris Nicolas says, ' If this statement be correct, this ' barony is vested in her descendants and representatives.'*
' Christiana, Uxor Johannis Middleton, Militis obiit seisita. Man. de Burneton in Northumbria P. Esch. 9. H. 5. n. 54.'5
1 Rotuli Scotie. 2 Close Rolls — Dugdale 4 Synopsis of the Peerage of England, 1025,
— Report of the Lords' Committee of Privileges. vol. ii. p. 618.
3 Bank's Dormant and Extinct Baronage. 5 Betham's Baronetage, vol. iv. Appendix, No. 1.
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CHAETEES AND OTHEE FAMILY PAPEES
OF THE
STIELINGS OF KEIB.
Charter by Bertram, the son of Henry of Wluestoun, to Waldeve Kokes, of lands in the territory of Nether Eyton : Circa 1260.
1. Omnibus Christi fidelibus ad quorum noticiam presens scriptum peruenerit, Bertramus filius Henrici de "Wluestoun, Salutem in Domino. Nouerit vniuersitas vestra me quie- tum clamasse, concessisse, et hac presenti Carta mea confirmasse, Waldeuo Kokes, consanguineo meo, illas duas bouatas terre in territorio de Eyton le Bas, pro quibus contra eundem Waldeumn per litteras domini Regis placitaui, et omne jus nieuin quod in eisdem duabus bouatis terre etiam si aliquid habui, uel quod ego uel heredes mei tempore aliquo habere poterimus, videlicet, pro quadam sunrrna pecunie quam idem Waldeuus mihi Bertramo in mea vrgente necessitate contulit : Tenendas et habendas eidem Waldeuo et heredibus suis uel assignatis, in perpetuiun, libere, quiete, bene, et in pace, sine impedimento et grauamine aliquo mei et heredum meorum, pro dicta quadam summa pecunie mihi pre manibus collata ; renunciando in hoc facto omni priuilegio fori ciuilis et canonici, et iuris et auxilii, mihi et heredibus meis corn- petenti : Et quod ista mea quieta clamacio, concessio, confirmacio, robur perpetuum optineant in posterum, tactis sacro Sanctis, juraui in plena curia domini Prioris de Coldigham apud Eytonam, quod nunquam ego Bertramus uel heredes mei contra tenorem presentis Carte mee, ad grauamen eiusdem Waldeui et heredum suorum uel assignatorum venire presumeremus ; quod si fecissemus, tociens eidem Waldeuo et here- dibus suis uel assignatis, viginti libras sterlingorum nomine pene exhibebimus : Ad maiorem huius rei securitatem presentem Cartam sigilli mei impressione roboraui : Testibus, Dompno Henrico dicto de Syltona, tunc temporis Priori de Coldingham, Domino Dauid de Graham vicecomite tunc de Berewic, Domino Radulfo Nobili, Domino Willelmo de Scremestoun, Matheo Rydel, Ada de Prendregest, Johanne Gray, Henrico de Prendregest, Patricio Scoto, Johanne Alio suo, Rogero filio Ade de
2c
198 KEIR PAPERS. [1338-57.
Ristona, Roberto de Copland, domini Prioris de Coldingham tunc senescallo, Gilberto de Lumesdene, Dauid de Lumesdene, Ada filio Johannis de Eytona, Ada filio Walteri, Elya Chancun, Johanne filio Ingelrami, Waltero Aurifabro, Ricardo dicto Herede, Roberto Neuman, Waltero filio Fabri, Henrico Sweyn, et aliis multis.
Charter by Jobn of Argyle, Lord of Lome, to Mary, his father's sister, and wife of John of Striwelyne, of the lands of Rathorane, &c, 8th September 1338.
2. Omnibus has literas visuris vel audituris Johannes de Ergadia, Dominus de Lome, Salutem in Domino. Vniuersitati vestre notum facimus per presentes, Nos dedisse, concessisse et hac presenti carta nostra confirmasse, Marie amite nostre, vxori Johannis de Striwelyne, et heredibus suis, quinque denariatas terre de Rathorane, et vnam denariatam que vocatur Garwpennynge, duas denariatas de Bartychkeregylle, vnam denariatam de Fekyrfaltach vtrimque Logane, vnam denariatam de Hachychnacelache, et dimidiam denariatam de Cragnamoychenache, in Lome, constitutas : Tenendas et habendas predictas terras, a nobis et heredibus nostris, dicte Marie et heredibus suis, per omnes suas rectas metas antiquas, libere et plenarie, cuni omnibus suis pertinentiis, libertatibus et aysiamentis. Reddendo nobis annuatim, vnum par calcarium ad festum Pentecostes, vel valorem ipsorum si reperiri venalia non poterint, pro omni seruicio et demanda. Qvas quidem terras nos et heredes nostri sibi et heredibus suis contra omnes viros et inulieres Warandizabimus et defendemus. In cuius rei testimonium Sigillum nostrum presentibus est appensum. Datum apud Perth, in Natiuitate Sancte Marie, anno Domini millesimo ccc? tricesimo octauo. Hiis testibus Domino Malcolmo Kenedy, Camerario Scocie. Domino Michaelo Scote, Milite. Michaele Fisser, Con- stabulario de Perth, et multis aliis.
Charter by King David II. to John of Menteith and Marjory of Streuyllyn, his Spouse, of all lands pertaining to Marjory by heritable succession, 25th January 1357.
3. David Dei gratia Rex Scotorum, Omnibus probis hominibus suis totius terre sue, clericis et laicis, Salutem. Cum Marioria de Streuyllyn, filia et heres quondam Joannis de Streuyllyn vicecomitis de Clakmanan, et domini de Cars de Stirling et de Alveth, omnes et singulas terras, ofncia et redditus, ipsam successu hereditario contingentes, per totum regnum nostrum, Roberto Senescallo Scotie, tunc locum nostrum tenenti in nostra absentia, per fustim et baculum sursuni reddidit, ac pure et simpliciter resignauit, totum jus et clameum quod in dictis terris, officiis et redditibus predictis simpliciter
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1357.] CHARTERS, ETC. 199
resignauit ; quiquidern nostrum locum tenens, de omnibus et singulis terris, officiis et redditibus predictis, Joannem de Menteith, nunc sponsum predicte Mariorie, hereditarie infeodauit. Sciatis nos, de nostra gratia speciali, recepisse et restituisse, penitus et per omnia, prefatos Joannem de Menteith et Marioriam sponsam suam, ad talem statum et possessionem omnium terrarum, officiorum et reddituum predictorum, que vel qui eandem Marioriam successu hereditario debent contingere, seu aliquo tempore contingebant, per totum regnum nostrum, qualeni statum et possessionem predicta Marioria in sua pura viduitate, ante tempus resignationis predicte, habuit de eisdem. Tenendas et habendas omnes terras, officia, et redditus predictas cum pertinentiis, eisdem Joanni de Menteith et Mariorie sponse sue, et heredibus inter ipsos legittime pro- creatis seu procreandis, quibus forte deficientibus, heredibus dicte Mariorie legittime de nobis et heredibus nostris, in feodo et hereditate, per omnes rectas metas et divisas suas, adeo libere, quiete, plenarie, integre et honorifice, cum omnibus libertatibus, com- moditatibus, aysiamentis et justis pertinentiis suis quibuscunque, ad omnes terras, officia, et redditus predictas cum pertinentiis spectantibus, seu juste spectare valentibus in futurum quoquo niodo, sicut predictus quondam Joannes de Streuylyn, pater predicte Mariorie, aut predecessores sui, predictas terras, officia et redditus predicta, de nobis aut predecessoribus nostris, liberius juste tenuerunt seu possiderunt, aut tenere potuerunt quoquo modo. Faciendo inde annuatim nobis et heredibus nostris, predicti Joannes et Marioria sponsa sua et heredes sui, ac ipsius heredibus deficientibus, heredes ipsius Mariorie predicte, Seruitia de predictis terris, officiis, et redditibus cum pertinentiis ex antiquo tempore debita et consueta. In cujus rei testimonium sigillum nostrum precepimus apponi. Testibus Venerabilibus in Christo patribus Willielmo et Patricio Sancti Andree et Brechinensis ecclesiarum Dei gratia Episcopis, Roberto Senescallo Scotie Comite de Stratherne nepote nostro carissimo, Thoma Comite de Marr con- sanguineo nostro dilecto, Willelmo Domino de Douglas, Willelmo de Levyngstoun, Roberto de Erskine militibus. Apud Edinburgh, vicesimo quinto die Januarii, anno regni nostri vicesimo octavo.
Hec est vera copia principalis carte suprascripte contente in registro S. D. N. Regis, extracta, copiata et collationata, in omnibus cum originali concordans, nil addito vel remoto, quod substantiam mutaret aut sententiam variaret, per me dominum Joannem Hamilton de Magdalenis militem, clericum rotulorum registri ac consilii dicti S. D. N. Regis, sub meis signo et subscriptione manualibus.
J. Hamilton, Cls. Regri.
200 KEIK PAPERS. [1382.
Charter by King Robert II. to William of Menteith, Son and Heir of Marjory of Striulyn, of the Baronies of West Kers and Alveth, 23rd October 1382.
Robertas Dei gratia Rex Scotorum, Omnibus probis hominibus totius terre sue,' clericis et laycis Salutem. Sciatis nos dedisse, concessisse, et hac presenti carta nostra confirmasse, Willelmo de Meneteth, filio et heredi Mariote de Striulyn, filie et heredis quondam Johannis de Striuelyn militis, omnes terras et tenementa baroniarum del Westkers et de Alueth cum pertinentiis, infra vicecomitatum de Striuelyn, et vbilibet infra regnmn nostrum ; ac etiam officia Vicecomitatus et Forestarie de Clac- manan ; que fuerunt dicte Mariote, et que dicta Mariota, non vi aut metu ducta, nee errore lapsa, sed mera et spontanea voluntate sua, nobis per suas literas patentes apud Sconam, in pleno parliamento nostro tento ibidem, vicesimo secundo die Octobris, anno Domini millesimo ccc° octogesimo secundo, coram magnatibus regni nostri, sursum reddidit pureque et simpliciter resignauit, ac totum ius et clameum que in dictis terris tenementis et officiis cum pertinentiis babuit uel habere potuit, pro se et beredibus suis, omnino quietum clamauit imperpetuum : Tenendas et habendas eidem Willelmo et Elisabeth sue sponse, et eorum diucius viuenti, ac heredibus inter ipsos legitime procreatis seu procreandis ; Quibus forte defieientibus, heredibus legi- timis dicti Willelmi quibuscunque, de nobis et heredibus nostris, in feodo et heredi- tate imperpetuum, omnes dictas terras et tenementa del Westkerss et de Alueth, necnon officia cum tenandiis suis de Ochyltre et de Pordovyne eiusdem Baronie de Westkers per omnes rectas metas et diuisas suas cum pertinentiis suis quibuscunque, in integras et liberas baronias, cum sok et sak, thol et theme, furca et fossa, in- fangand thefe et outfangand thefe, et cum tenandiis et libere tenendum seruitiis, in viis, semitis, moris, et marresiis, in pratis, pascuis et pasturis, in siluis et nemoribus, in aucupatione, piscatione et venatione, in curiis, escaetis et earum exitibus, in molendinis, multuris et eorum sequelis, ac omnibus aliis et singulis libertatibus, commoditatibus, aysiamentis, feodis, rectitudinibus et consuetudinibus, et aliis iustis pertinenciis suis quibuscunque, ad omnes dictas terras et officia cum pertinenciis, necnon tenementa, spectantibus seu spectare valentibus in futurum quoquomodo, in libera foresta et warenna, adeo libere, quiete, integre et pacifice, sicut dicta Mariota eadem cum pertinentiis, ante resignationem suam prefatam, de nobis tenuit et possedit : Faciendo inde seruitia debita et consueta : Salvo dicte Mariote libero tenemento omnium prefatarum terrarum, tenementorum et officiorum cum pertinentiis, pro toto tempore vite sue : Quare omnibus et singulis quorum interest uel interesse poterit damus firmiter in mandatis, quatenus eidem Willelmo et Elisabeth sponse sue
1411.] CHAKTERS, ETC. 201
et eorurn diucius viventi, et heredibus suis supradictis, in omnibus et singulis dicta officia contingentibus, prompte respondeant pareant et intendant : In cuius rei testi- monium presenti carte nostre, nostrum precepimus apponi sigillum : Testibus venera- bilibus in Christo patribus, "Willelmo et Johanne, Cancellario nostro, Sanctiandree et Dunkeldensis ecclesiarum episcopis ; Johanne primogenito nostro de Carrie, Senescallo Scotie ; Roberto de Fyf et de Meneteth, filio nostro dilecto ; Willelmo de Douglas et de Marr, consanguineo nostro, comitibus ; Jacobo de Lindesay, nepote nostro ca- rissimo, et Roberto de Erskyne, militibus ; vicesimo tertio die Octobris, anno regni nostri duodecimo.
Charter by Robert Duke of Albany, &c, Governor of Scotland, to William of Menteth, son and heir of William of Menteth of Westirkers, Knight, of the Baronies of Westkers and Alueth, and the Offices of Sheriff and Forestar of Clakmannan, 16th May 1411.
Roberttjs Dux Albanie, Comes de Fyfe et de Menteth, ac Regni Scocie Ghibemator, Omnibus probis hominibus toeius Regni predicti Clericis et Laycis, Salutem. Sciatis nos dedisse, concessisse, et hac presenti carta nostra confirmasse, dilecto nostro Willelmo de Menteth, filio et heredi Willelmi de Menteth de Westirkers militis, omnes et singulas terras et tenementa baroniarum de Westkers et de Alueth cum per- tinenciis, infra vicecomitatum de Striuelyne, ac eciam officia viceeomitis et forestarie de Clakmannan. Que quideni terre et officia cum pertinenciis fuerunt dicti Willelmi de Menteth patris, et quas et que ipse Willelmus, non vi aut metu ductus, nee errore lapsus, sed mera et spontanea voluntate sua, in nianus nostras, coram testibus sub- scripts, per fustim et baculum ac per literas suas patentes, sursuni reddidit pvire et simpliciter resignauit, ac totum jus et clameum que in dictis terris et officiis cum pertinenciis habuit seu habere potuit, pro se et heredibus suis, omnino quietum clamauit imperpetuum. Tenendas et habendas omnes et singulas terras predictas de Westkers et de Alueth et officia supradicta, cum tenandiis de Vchiltre et de Pordovyne dicte baronie de Westkers, cum pertinenciis, predicto Willelmo de Menteth filio, et heredibus suis, de domino nostro Rege et heredibus suis, in feodo et hereditate imperpetuum, per omnes rectas metas suas antiquas et diuisas, in integras et liberas baronias, cum furca et fossa, sok et sak, tholl et theme, infangandtheif et outfangandtheif, cum tenandiis et liberetenencium seruiciis, in boscis et planis, moris, marresiis, viis, semitis, aquis stagnis, pratis, pascuis et pasturis, molendinis multuris et eorum sequelis, aucupacionibus vena- cionibus et piscacionibus, cum curiis, escaetis, et curiarum exitibus, ac cum omnibus
202 KEIB PAPEES. [1381.
aliis et singulis libertatibus, conimoditatibus, aysiainentis, et iustis pertinenciis suis quibuscunque, ad predictas terras et officia cum pertinenciis, spectantibus seu spectare valentibus quomodolibet in futurum, in libera foresta et warenna, adeo libere et quiete, plenarie, integre, honorifice, bene et in pace, in omnibus et per omnia, sicut dictus Willelmus de Menteth pater, aut aliquis predecessorum suorum, prenominatas terras et officia cum pertinenciis, de domino nostro Rege, ante dictam resignacionem nobis inde factam, tenuit seu possedit. Faciendo inde domino nostro Regi et heredibus suis, dictus Willelmus de Menteth filius et heredes sui, de predictis terris et officiis cum pertinenciis seruicia debita et consueta. Reseruato tamen liberotenemento dictarum terrarum et officiorum cum pertinenciis predicto Willelmo de Menteth patri, pro toto tempore vite sue. In cuius rei testimonium presenti carte nostre sigillum officii nostri apponi pre- cepimus. Testibus Reuerendo in Christo patre Gilberto Episcopo Aberdonensi Can- cellario Scocie, Roberto Senescallo de Fyfe nepote nostro carissimo, Johanne Senes- callo Domino de Buchane filio nostro, Ricardo Comyne milite, Dauid Berclay, Wil- lelmo Berclay, Michaele de Nam et Andrea de Hawic Rectore de Listoun, Secretario nostro. Apud Perth, dechno sexto die mensis Maii, anno Domini millesimo quadrin- gentesimo vndecimo, et gubernacionis nostre anno quinto.
Chaetee by William of Galbrath, Laird of Katconvall, to his son James Galbrath, of the lands of Estyrbothernok, 10th October 1381.
Omnibus hanc cartam visuris vel audituris, Willelmus de Galbrath dominus de Katcon- vall, Salutem in Domino sempiternam : Sciatis me dedisse, concessisse, et hac presenti carta mea confirmasse, carissimo filio meo, Jacobo de Galbrath, vnam carucatam terre, et quartam partem vnius carucate terre, scilicet, dimidietatem de Estyrbothernokis, videlicet, illam dimidietatem que iacet propinquior Kelvyne, et dimidietatem de Westyr- bothernokis, videlicet, illam dimidietatem que iacet propinquior la More, et quartam partem de Kyncade, videlicet, illam quartam partem que iacet propinquior Kelvyne in occidentali parte, cum dimidietate molendini de Kyncade, cum pertinenciis, in comi- tatu de Levynnax, infra vicecomitatum de Strivelyne ; pro auxilio et consilio suo michi impenso et impendendo : Tenendas et habendas dicto Jacobo de Galbrath et heredibus suis de corpore suo legittime procreandis, de me et heredibus meis, in feodo et heredi- tate, per omnes rectas metas et diuisas suas, in boscis, planis, moris, marraseis, pratis, pascuis et pasturis, viis, semitis, aquis, stagnis, molendinis, et multuris, et eorum sequelis, aucupacionibus, veuacionibus, piscacionibus, et eorum sequelis, cum tenandiis et seruiciis liberetenencium, cum curiis, curiarum exitibus, et eschaetis, necnon cum
1381.] CHARTERS, ETC. 203
omnibus aliis et singulis libertatibus, commoditatibus, aysiamentis, et iustis pertinen- ciis quibuscunque, tam non nominatis quam noniinatis, tam subtus terra quam supra terrain, ad predictas terras cum pertinenciis spectantibus, seu quouismodo spectare valentibus, in futurum, adeo libere, quiete, plenarie, integre, et honorifice, in omni- bus et per omnia, sicut ego predictus Willehnus predictas terras cum pertinenciis ante confectionem presentium tenui vol possedi, seu aliquis predecessorum meoriun liberius tenuit seu possedit : [Quibus] heredibus de corpore dicti Jacobi legittime pro- creandis forte deficientibus, quod absit ; volo quod terre cum pertinentiis michi et heredibus meis imperpetuum [libere] reuertant : Ac etiam volo quod dictus Jacobus et heredes sui de corpore suo legittime procreandi, de predictis terris cum pertinenciis, wardam faciant consuetam domino meo capitali, domino meo de Bothernokis, quum- cunque per ipsum Jacobiun vel heredes suos predictos contigerit wardam et releuium de dictis terris cum pertinenciis esse faciendam, et tres sectas curie annuatim ad tria placita sua capitalia de Bothernokis : Soluendo etiam eidem domino meo capitali quad- raginta denarios argenti annuatim de predictis terris cum pertinenciis ad nundinas de Glasgv ; Ac etiam reddendo michi et heredibus meis annuatim dictus Jacobus et heredes sui de corpore suo legittime procreandi, vnum denarium argenti nomine albe ferme, ad festum Pentecostes, apud Katconvall, si petatur tantiun, pro omnibus aliis seruiciis secularibus, exactionibus et demandis, que de dictis terris cum pertinenciis exigi poterint vel requiri : Ego vero dictus Willelmus et heredes mei, omnes predictas terras cum pertinenciis, in omnibus et per omnia vt prescriptum est, predicto Jacobo et heredibus suis predictis, contra omnes homines et feminas, Warantizabimus, acqui- etabimus et imperpetuum defendemus : In cuius rei testimonium sigillum meum pre- sentibus est appensum, apud Katconvall, decimo die mensis Octobris, anno domini millesimo tricentesimo octogesimo primo : Hiis testibus, Roberto de Danielstoun milite domino ejusdem, Andrea de Conynghame, Dauid de Hamyltoun domino de Cadegeow, Johanne filio domini Walteri, Roberto de Levyngstoun domino de Drumry, Johanne de Parco, armigeris, et multis aliis.
Confirmation by David of Hamyltoun, and Jonet of Keth his spouse, of the above
charter, 11th October 1381.
7. Omnibus hanc cartam visuris vel audituris, Dauid de Hamyltone, et Joneta de Keth, sponsa sua, Salutem in Domino sempiternam : Sciatis nos quandam cartam Willelmi de Galbrath, domini de Katconvall, non rasam, non abolitam, non suspectam, nee in aliqua parte sui viciatam, sed omni vicio et suspicione carentem, vidisse, et diligenter
204 KEIR PAPERS. [1408.
inspexisse, in hec verba : Omnibus [etc. ut in Carta No. 6] : Quarnquidem car- tam nos Dauid et Joneta predicti, in omnibus punctis, articulis, modis, et circum- stanciis quibuscunque, forma pariter et efFectu, in omnibus et per omnia vt predictum est, ratificamus, approbamus, et pro nobis et heredibus nostris imperpetuum confirma- mus : In cuius rei testimonium presenti carte confirmacionis nostre sigilla nostra sunt appensa, apud manerium nostrum de Dalserfe, vndecimo die mensis Octobris, anno Domini milleshno tricentesimo octogesimo primo : Hiis testibus, Domino Roberto de Danielstone milite, domino eiusdem, Andrea de Conynghame, Johanne filio Domini Walteri, Roberto de Levyngstone, domino de Drumry, Jobanne de Hamyltone, filio nostro et berede, Jobanne de Parco, Roberto de Syrnpyll, armigeris ; Domino Johanne Wyschard, Canonico Glasguensi, et multis aliis.
Charter by Matthew [G-lendoning] Bishop of Glasgow, to William of Striuelyne, of the lands of Cadare. [1408].
Uniuersis sancte matris ecclesie filiis hanc cartam visuris vel audituris, Matheus permissione diuina Episcopus ecclesie Glasguensis, Salutem cum benedictione diuina. Nouerit vniuersitas vestra nos, cuin consensu et assensu capituli nostri ecclesie predicte, dedisse concessisse et hac presenti carta nostra confirmasse dilecto nostro Willehno de Striuelyne vassallo, filio et heredi quondam domini Johannis de Striuelyne militis, domini de Cadare, pro suo homagio et seraicio nobis et ecclesie nostre impenso et impendendo, omnes et singulas terras cle Cadare cum pertinenciis, in baronia nostra de Glasgu, infra vicecomitatum de Lanark. Tenendas et habendas omnes et singulas dictas terras de Cadare cum pertinenciis, de nobis et successoribus nostris episcopis, et dicta ecclesia nostra Glasguensi, dicto Willebiio et heredibus suis, per omnes rectas metas et diuisas suas in feodo et hereditate imperpetuum, in boscis, planis, viis, semi- tis, moris et marrasiis, in pratis, pascuis, et pasturis, in petariis, virgultis et turbariis, in aucupacionibus, piscacionibus, et venacionibus, in molendinis, multuris et eorum sequelis, in fabrinis et brasinis, in curiis et earurn exitibus, in heryetis, marchetis et bludewytis, in tenandriis et libere tenencium seruiciis, vna cum libero introitu et exitu ac cum omnibus et singulis aliis libertatibus commoditatibus asiamentis et iustis per- tinenciis suis quibuscunque, tarn non nominatis quani nominatis, tarn procul quam prope, tam sub terra, quam supra terram, ad omnes et singulas dictas terras cum pertinenciis spectantibus seu quoquo modo spectare iuste valentibus in futurum, adeo libere, quiete, integre, honorifice, bene et in pace, sicut dictus quondam dominus Johannes pater suus, omnes et singulas dictas terras de Cadare de nobis et predecessoribus nostris
1405.] CHARTERS, ETC. 205
ac ecclesia nostra predicta, aliquo tempore tantumfacto [liberius], quiecius, integrius, honorificencius, melius et pacificiencius tenuit et possedit. Reddendo inde annuatim nobis et successoribus nostris, ac ecclesie nostre predicte, prenominatus Willelmus et heredes sui, quatuor libras usualis monete per equates porciones, ad festa pente- costes et sancti martini in yeme, et tres sectas curie ad tria placita nostra capitalia dicte Baronie, cum warda, releuio, et aliis seruiciis debitis et consuetis. Quas vero omnes et singulas terras predictas de Cadare cum pertinenciis, Nos et successores nostri ac ecclesia nostra predicta, prefato Willelmo et heredibus suis in omnibus vt supradictum est contra omnes gentes mortales Warandizabinius, acquietabimus et im- perpetuum defendemus. In cuius rei testimonium Sigillum nostrum, vna cum Sigillo communi predicti capituli nostri presenti carte nostre est appensurn apud Glasgu. Hiis testibus, Magistro Symone de Mundavilla Archidiacono, Magistro Jobanne de Hawik Precentore ecclesie nostre predicte, Domino Symone de G-lendunwyne milite, et Domino Jobanne de Hawik presbitero ac publico notario cum multis aliis.
Transumpt of Charter by Malcolm, Earl of Lennox, dated 16th January 1278, and of another writ, dated 10th October 1100, both transumed on penult July 1405.
In Dei nomine Amen. Vniuersis presens publicum instrumentmn inspecturis uel audituris pateat manifeste, quod anno a nativitate Domini millesimo quadringentesimo quinto, Indictione duodecima, mensis Julii die penultima, Pontificatus sanctissimi in Christo patris et domini nostri, domini Benedicti diuina prouidencia Pape terciidecimi, anno vndecimo: In mei notarii publici et testium subscriptorum presencia, personaliter constitutus nobilis vir, Johannes Cambell dominus de Westpart de Galstoun, quasdam literas quondam nobilium virorum Malcohni Comitis de Levenax, et Walteri de Dan- yelstoun domini de Blacburn, sub sigillis suis propriis sigillatas, non rasas, non abolitas, nee aliqua parte viciatas rnichi tradidit perlegendas et a me notario cum instancia petiit sub signo publico fideliter copiari, quarum quidem literarum tenores secuntur in hunc modum videlicet : Tenor prime litere est talis : Omnibus hoc scriptum visuris uel audituris Malcolmus Comes de Levenax salutem in Domino sempiternam ; Noueritis me dedisse, concessisse et hoc presenti Scripto meo, pro me et heredibus meis, confir- masse, domino Willelmo de Galbrath militi, omnes et singulas terras de Kyrkmychell et de Drummade, iacentes in comitatu de Levenax supra Levyn. Tenendas et habendas totas dictas terras cum pertinenciis predicto Willelmo et heredibus suis de me et heredibus meis in feodo et hereditate imperpetuum. Reddendo inde dictus Willelmus et heredes sui, uiichi et heredibus meis, vnum par caligarum de scarleto, ad primum
2d
206 KEIR PAPERS. [1414.
iiitroitum ipsius Willelnii et hereduni suorum, apud manerium menm de Belach, nomine albe firme tantum, pro omni alio seruicio seculari aetione demanda ucl clameo que per me uel heredes meos in dictis terris cum pertineneiis aliqualiter in futurum exigi pote- rint uel requiri. In cuius rei testimonium Sigillum meum presentibus est appensum, apud Bullull decimo sexto die mensis Januarii, anno Domini millesimo ducentesimo septuagesimo octauo. Testibus, domino Willelmo Byset et domino Johanne de Bykyr- ton militibus, et multis aliis. Item tenor secunde litere talis est. Beit knawyn til al men that thir presents letteris seis or heris, at I Walter of Danuelstoun lorde of Black- burn beris witnes, that Johnne Cambellis land of the Galstoun, and his landys of Bothernok, ar na farther oblist to me, na to myne ayris, na to myne assignes, bot anyely to tak of tha landis ilke yher ten markis qwyll that John Cambell or his ayrys or his assignes pay to me, or to myne ayrys or to myne assignes, a hundreth markis of gude and vsuale monay of the kynryk of Scotland apon a day, in the paroche kyrk of Dun- bretane on the he [altar] ; And eftar that payement tha landys nevir to be distrenyt na pundyt throw me na myne ayris na myne assignes for that ten markis. In the witnes of this my sele is set at Dunbretane, the tend day of the month of October, in the yher of our lorde a thowsand and four hundreth. Acta sunt hec apud Are in cimiterio fratrum predicatorum eiusdem, anno, indictione, mense, die et pontificatu premissis; Pre- sentibus ibidem prouidis viris Reginaldo de Fynvyk, Johanne de Crawforde, Johanne Coll, Patricio Marschell, Nigello Dugalan burgensibus de Are, et multis aliis testibus ad premissa vocatis specialiter et rogatis
Et ego Walterus de Are, Glasguensis diocesis publicus apostolica et imperiali auctoritate notarius ; Premissarum literarum traditioni et perlectioni vna cum prenominatis testibus presens interfui, ipsasque literas de verbo in verbum per- legi et in hunc modum copiaui, nil addens ucl minuens, quod sensum viciare po- terit aut variarc intellectionem, hoc instrmnentum manu propria scripsi hicque me subscripsi, et signo meo solito signaui, requisitus specialiter et rogatus in testimonium premissorum. W. Are.
Charter by Euphemia, Countess Palatine of Stratherne, to Lucas of Streuelyn, of the lands of Westeretherne, 8th October 1414.
10. Eufamia Comitissa Palatina de Stratherne, Vniuersis Christi fidelibus ad quorum noticiam presentes litere peruenerint, eternam in Domino salutem. Vestra nouerit vniuersitas nos, in nostra pura et legitima viduitate constituta, dedisse, concessisse et
1414.] CHARTERS, ETC. 207
hac presenti carta nostra confirniasse, dilecto armigero nostro, Luce de Streuelyn, pro seruicio suo nobis impenso et inipendendo, omnes et singulas terras de Westeretherne cum pertinenciis, iacentes infra Coinitatuni nostrum predictum de Stratherne, quas idem Lucas, non vi aut metu ductus nee errore lapsus, sed sua mera et spontanea voluntate, causa talliacionis inter ipsum et Willelmum de Streuelyn dominum de Cadar fiende, nobis apud Dunblane sursum dedit, ac totum jus et clameum, quod vnquam habuit uel habere potuit pro se et heredibus suis, pure et simpliciter resignauit. Tenendas et habendas omnes et singulas terras predictas cum pertinenciis predicto Luce de Streuelyne, et heredibus suis masculis de corpore suo legitime procreatis uel procreandis, quibus forte deficientibus Willebno de Streuelyne domino de Cadare predicto, et heredibus suis masculis de corpore suo legitime procreatis seu procreandis, quibus forte deficientibus legitimis ac propinquioribus heredibus masculis de cognomine Streuelyne quibuscunque, quibus omnibus, quod absit, deficientibus, legitimis ac pro- pinquioribus heredibus dicti Luce quibuscunque reuertendas, de nobis et heredibus nostris ac successoribus in feodo et hereditate imperpetuum, per omnes rectas metas suas et diuisas, in boseis, planis, vijs, semitis, moris, et marresijs, pratis, pascuis, et pasturis, aquis, stagnis, aucupacionibus, piscacionibus et venacionibus, cum curijs et earum exitibus, molendinis et eorum sequelis, heryheldis, et merehetis, brasinis, fabrinis, petarijs, et turbarijs, cum omnibus et singulis alijsque libertatibus, com- moditatibus, aisiamentis ac iustis pertinenciis quibuscunque, tarn non nominatis quam nominatis, tarn procul quam prope, tarn sub terra quam supra terrain, ad predictas terras cum pertinenciis spectantibus seu spectare valentibus quoquo modo in futuram. Reddendo inde annuatim nobis et heredibus ac successoribus nostris, dicti Lucas et heredes sui masculi talliati predicti, tres sectas in anno ad tria placita nostra capitalia Comitatus de Stratherne, et vnum denarium argenti apud Foulis, die Pentecostes, hora prandij, nomine albe firme si petatur tantum, pro warda et releuio, ac maritagijs, omnique alio seruicio seculari exactionc seu demanda que de dictis terris cum per- tinenciis, per nos uel heredes nostros aut successores, aliqualiter exigi poterint uel requiri. Nos vero Eufamia heredes nostri et successores, omnes et singulas terras predictas cum pertinenciis, predicto Luce et heredibus suis masculis forma predicta talliatis, contra omnes mortales Warantizabinius, acquietabimus, et imperpetuum de- fendemus. In cuius rei testimonium sigillum nostrum presentibus apponi fecimus, apud Perth, octauo die mensis Octobris, Anno domini Millesimo Quadringentesimo Decimoquarto. Testibus Roberto Seneseallo Comite de Fyfe et de Menteth, Gubernatore Scocie, Waltero Seneseallo Comite Adtholie et Cathinensie, auunculis nostris carissimis, Willielmo domino de Grame, Johanne de Wemys domino eiusdem, militibus, Dauid
208 KE1R PAPERS. [1422.
de Morauia de Gask, Thoma Brisbane, Trestranio de Gorty, scutiferis nostris, et niultis aliis.
Wadset by George Cambeel, Laird of the West part of the Gallystoun, to William of Streuelyne, Lord of Cadar, of his lands of the Gallisholme, 3rd August 1422.
11. Tyl al and syndry at thir present letteris herys or seis, me George Cambeel lard of the west part of the Gallystoun, sendys gretyng in God aye lestand. Wyt ze me, nocht throw na strencht na throw dred led, na error down sledyn, bot my nawyn fre and gud wil, tyl haf wede set and in mouabil wede tyl haf latyng, til a nobil man, Willzam of Strewyllyng lord of Cadar, al my landis of the Gallis holme with thair a pertenance to me pertenande, in the lardsehep of the west part of the Gallystoun, lyande with in the syrraydowm of Are ; for twenti mark of vsual monetht of Scotland to me in my mekylmystare and streynand nede be for hand fullyly payit, of the qwhylk for sayid some I hald me weile content and bodyly payit, and the for said Willzam of Strewynlyng, his ayeris executouris and assygnayis, I qwyt cleme perpetuely be thir present. Hafand and for to be had al tha for sayid landis, wit thar pertenance qwhat- sumeuer thai be, to the for said Willzam of Strewynlyng, and his ayeris executouris and assygnayis, fra me and my ayeris executouris and assygnayis, in naynie of wed set- tyng, perpetuely, with outyng ony gane callyng, frely, qwhytly, fullyly, halyly, weile and in pese, be al rychtwys markis, marchis, and thair dewyssis, in lenycht and in brede, wit medowis, fudis and pastoris, with al and syndry othyr fredomys, comoditheis, hesementis, and thair rychtwyse pertenence qwhatsumeuer thai be, alswel nocht nemnyt as nerunyt, alswel wndyr erde as a bown, alswel far as nere, to the for said landis wit thair perte- nance, bydand or throw law may byd, be ony maner of way in tyme to cum, qwhill the for said some bo me or be my lauchtful ayeris, of oure awyn propyl- gudis, and of na noderis borwt na procuryt na resawyt, bot be twys ye ryssyng of the soune of a day, and the down fallyng, in the bee kyrke of Glasgu, a pon the hee alter, to the for said Willzame, his ayeris executouris and assygnes, fullyly war payit, al fraude and gyil a way put. I wil aswa and I grant that the frowtis for sucht fremis, malis, provent of the said landis wit thair pertinence, in the for said payment, nodyr in al na in part, I wil na way be eontyt, bot tha provent wit the said Wilzame, and his ayeris executouris and assignayis, for his consel helppis and gud merytis to me hedirtyll downe I wil halyly to ramayne. And I for sucht, the for said Gorge, and my ayeris my executouris and my assygnayis, and al our landis be for said with thair rychtwys pertenence, and al and syndry othyr conwencionis in this wryt contenyt.
1423.] CHARTERS, ETC. 209
in all pntys and artikyllis, to the for said Willzame, and til his ayei'is executouris and assygnayis, agayne al dede lyk, we sal warand, qwyt clenie and perpetuely defende. And thar a toure gyf it hapynnis me, or myn ayeris or niyn executouris, or myn assygnayis, as God for bed it do, til agayne say or mowffe rnwt or stryfe, or pled agayne this wed settyng, or ony pnyt or artikyl contenyit in it, I oblyss me myn ayeris execu- touris or assygnayis in twenti pund of vsuel monetht, to be payit to the said Willzame, his ayeris executouris and assygnayis, in name of scathis and interess, and othyr twenti pund to be payit to the kyrk werk of Glasgu, in name of payne, be for that I, myn ayeris executouris and assignes be herde in ony jugement be for ony Jugis of the kyrk or secular ; this present wryt of wede settyng neuer the les remanand in al fors and in effet in the awyn strencht as is be for wrytyng. In wyttenes of the qwkilk thyngis my sele to this present wryt I haf put to, at the cete of Glasgu, the thryd day of the monetht of August the yhere of our Lord P'CCCC and xxii ; wyttenes here of, Mayster Johne Stewart Sodane of Glasgu, Schir Johne of Dalgless and Schir Thomas Wane, Sir Johne of Park and Schir Rechard Gardener.
Retour of Lucas of Streuelyn as heir of William of Streuelyn, his father, in the lands of Rathorane, &c, 11th January 1423.
12. Hec Inquisicio facta fuit apud Perth, vndecimo die mensis Januarii, anno Domini millesimo quadringentesimo vicesimo tercio, coram domino Waltero Senescallo de Railstoune, vicecomite de Perth, de mandato domini nostri Gubernatoris Scocie, per subscriptos ad hoc magno sacramento oneratos et juratos, viz., Dominos Johannem de Dromond et Willeknum de Rothven niilites, Willehnimi de Erskyn, Robertum de Roos, Patricium de Morauia, Andream de Dromond, Thomam de Roos, Dauid de Ramsay, Ricardum de Wause, Johannem de Abercrumby, Michaelem Mercer, Johan- nem de Rettre, Johannem de Camera, et Johannem de Dalrimpill. Qui jurati dicunt, quod quondam Willelmus de Streuelyn, pater Luce de Streuelyn latoris presencium, obiit vestitus et saisitus ut de feodo, ad paeem et fidem domini nostri Regis, de quinque denariatis terre in Rathorane, et de vna dcnarita que vocatur Garwpennyngis. et de duabus denariatis de Bartychkeregyll, et de vna denarita de Fekirfaltach de vtrimque Logane, et de vna denarita de Hachyquhatlach et de dimidietate denarita de Cragnamoychenach, jacentibus in dominio de Lome infra vicecomitatmii de Perth predictum. Et quod dictus Lucas est legitimus et propinquior heres eiusdem quondam Willelmi patris sui de dictis terris cmn pertinentiis. Et quod est legitime etatis. Et quod dicte terre nunc valcnt per annum quinque marcis, et
210 KEIR PAPERS. [1432.
valuerunt tempore pacis viginti quinque marcis. Et quod tenentur de domino de Lome in capite, pro vno pare ealcarium uel valore eorundeni ad festum Pentecostes annuatim. Et quod sunt in manibus domini de Lome per triginta annos et vltra, ob mortem dicti Willelmi Stryuelyn in defectu legitimi heredis non prosequentis jus suum. In cujus rei testimonium sigilla quorundam qui dicte inquisitioni intererant faciende huic inquisitioni apponuntur, clause sub sigillo dicti domini vicecomitis, hoc brevi incluso, loco, die, mense, et anno supradictis.
Brieve from the Chancery of King James I. for serving William of Striuelyn heir of John of Striuelyn, Knight, his father, 1432.
13. Jacobus dei gratia Rex Scotorum, vicecomiti et balliuis suis de Perth salutem. Mandamus vobis et precipimus quatenus, per probos et fideles homines patrie, per quos rei ueritas melius sciri poterit, magno sacramento interueniente, diligentem et fideleru inquisitionem fieri faciatis : De quibus terris et annuis redditibus cum per- tinentiis quondam Johannes de Striuelyn miles, pater Willelmi de Striuelyn latoris presentiiun, obiit ultimo vestitus et saisitus, ut de feodo, ad pacem et fidem nostram, infra balliam vestram. Et si dictus Willelmus sit legitimus et propinquior heres eiusdem quondam patris sui de dictis terris et annuis redditibus cum pertinentiis. Et si sit legitime etatis. Et quantum valent dicte terre et annui redditus cum per- tinentiis nunc per annum. Et quantum valebant tempore pacis. A quo tenentur et per quod seruitium tenentur. [In cuius manibus nunc existunt] qualiter per quern, ob quam causam, et a quo tempore. Et quid per dictam inquisitionem diligen- ter et fideliter factam esse [inueneritis sub sigillo vestro bailie et sigillis] eorum qui dicte inquisitioni intererent faciende ad capellam nostram mittatis, et hoc breue. Teste ineipso apud
regni nostri vicesimo sexto.
Retour of William of Striueline as heir of John of Striueline, Knight, his father, in the lands of Regortoun, 29th April 1432.
14. Hec Inquisicio facta fuit apud Perth, vicesimo nono die mensis Aprilis, anno Domini millesimo cccc'V0 xxxiid.° , coram Johanne de R[uthven,] deputato vicecomitis de Perth, per hos subscriptos, ad hoc magno sacramento oneratos et iuratos, videlicet, Dominum Andream Gray de Fowlis militem, Robertum Rose, Thomam Charters, Johannem Hering, Patricium de Reitre, Finlaimi Butter. Patricimn Butter, Thomam de Monor-
1433.] CHARTERS, ETC. 211
gimde, Johannem Rose, Donaldiun de Blare, Archibaldum Stewart, Nicholaum Kymnan, Alexandnrm Graharne, Malcolmum de Muncreyfe. Qui iurati dicunt, quod quondam dorninus Johannes de Striueline miles, pater Willelmi de Striueline latoris presen- ciiun, obiit vltimo vestitus et saisitus, ut de feodo, ad pacem et fidem domini nostri regis, de terris de Regortoun cum pertinenciis iacentibus infra vicecomitatuni de Perth. Et quod dictus Willelmus est legitimus et propinquior heres eiusdeni quondam domini Johannis patris sui de dictis terris cum pertinenciis. Et quod est legitime etatis. Et quod dicte terre cum pertinenciis nunc valent per annum xiiii mercis, et valuerunt tempore pacis decern libris. Et quod dicte terre cum pertinenciis tenentur in capite de Waltero de Haliburton, domino snperiore earundem, pro warda et releuio. Et quod sunt in manibus dicti Walter! ob mortem quondam dicti domini Johannis, iam viginti quatuor annis elapsis, ob causam quod dicte terre de dicto Waltero tenentur in capite. In cuius rei testimonium sigilla quorundam qui dicte inquisitioni intererant faciende huic inquisitioni apponuntur, clause sub sigillo dicti deputati viceconiitis, hoc brevi incluso, loco, die, mense et anno supradictis.
Instrument of Sasine in favour of Lucas of Stirling of the Lands of the Kere,
22nd January 1433.
15. In Dei nomine Amen. Per hoc presens publicum instrumentmn cunctis pateat euidenter, quod anno ab Incarnacione Domini Millesinio quadringentesimo tricesimo tercio, Indictione vndechna, die vicesimo secundo mensis autem Januarij, pontificatus sanctissimi in Christo patris ac domini nostri, domini Ewgenij pape quarti, anno tercio: In niei notarij publici et testium subscriptorum prescncia, personaliter constitutus honorabilis vir, Robertus Grainc de Kynpounte, quandam literam inpergameno scriptam, cum sigillo dependente nobilis domini, Normani de Lesly de Rothess, cum cera alba ab extra rubea ab infra vt apparuit sigillatam, sanam et integram, non viciatam, non can- cellatam, non rasam, nee abolitam, nee in aliqua sua parte suspectani, sed omni prorsus vicio et suspicione carentem, michi notario publico tradidit perlegendam, cuius tenor sequitur et est talis. Be it kende till all men be thir present Letteris, me Norman Lesly of the Rothess, till haue made, constitute and ordanit, and be thir my present Letteris makis, constitutis and ordanis my lufit cwsyng, Robert the Grame of Kynpounte, my Baize of all my landis of the Kere, liande with in the regalite of Stratherne, gifande and grauntande to the saide Robert my baize, my full pouer and speciale commaundment to gif eretabill sesyng of my landis of the Kere as of wedset, efter the tenore of the saide Lucas chartir, to Lucas of Stirling, or till his certane attornay. In
212 KEIR PAPERS. [1434.
the witnace of the qwilk thing, I hafe set to my sele, at the for saide landis of the Kere, the xviii day of the moneth of December, the yher of oure Lorde a M.cccc™0 xxx'.' and thre. Qua visa et perlecta, prouidus vir, Lucas de Stirling de Retheme, petiit a dicto Roberto Granie, vt secundum tenorem carte dicto Luce de Stirling confecte, sasinam hereditariam sibi daret predictarum terrarum de Kere cum pertinenciis, jure heredi- tario contingentium, dicto Nonnano de Lesly ; hoc dicto, dictus Robertus Grame pre- dicto Luce de Stirling et heredibus suis sasinam hereditariam predictarum terrarum de Kere, saluo jure cuiuslibet vt moris est, per terram et lapidem tradidit. Super quibus omnibus et singulis dictus Lucas de Stirling a me notario publico sibi fieri petiit publicum instrumentum. Acta fuerunt hee apud manerium de Kere, hora quasi decima ante merediem, sub anno, indictione, die, mense, loco et pontificatu supradictis : Presentibus, Thoma Grame filio et herede Roberti de Grame, Johanne Knokis, Johanne Swyntoune domino eiusdem, Domino Johanne Blacolm capellano, Thoma de Row, Andrea Bell, Willelmo Grenok, Johanne Magno de Row, Jorgeo Arnot, Johanne Arnot, Johanne de Stilling, Patricio M°Inrosich, et multis aliis testibus ad premissa vocatis specialiter et rogatis.
Et ego Andreas Ancolson, clericus Dunblanensis diocesis, publicus auctoritate apostolica notarius. Premissis omnibus et singulis dura sic vt premittitur, fierent, agerentur et dicerentur, vna cum prenominatis testibus presens interfui. Eaque omnia et singula sic fieri vidi, sciui et audiui, et in banc publicam formam redegi, vnum presens publicum instrumentum, manu mea propria scriptum, signo meo et subscriptione signaui, in fidem et testimonium veritatis omnium premis- sorum. Et ad maiorem rei securitateni sigillum dicti Roberti Grame de Kynpounte presenti scripto est appensum dictis die et loco quibus supra.
Seal : On a chief engrailed, three escallops : Supporters, Two Lions : Crest, a Stag's head cabossed : Legend, ' S. Roberti grame.' A. Ancolson.
Instrument of Sasine in favour of William of Strevelyng of the lands of Cadare,
23rd June 1434.
16. In nomine Domini Amen. Per presens publicum instrumentum cunctis pateat eui- denter, quod anno Domini millesimo quadringentesimo tricesimoquarto, die vero mensis Junii xxiii, Indictione duodecima, Pontificatus sanctissimi in Christo patris et domini nostri, domini Eugenii diuina prouidentia pape quarti, anno quarto: In mei notarii publici et testium subscriptormn presencia, personaliter constitutus nobilis vir, Regin-
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1437.] CHARTERS, ETC. 213
aldus de Craufurd scutifer, Balliuus baronie de G-lasgu, habens in maiiu quandam literam saisine directani a capella domini Episcopi Glasguensis, asserens quod se velle ea que precepebantur in dicta litera adhnplere, tradidit saisinam hereditariani terrarum de Caddare cum pertinenciis, per terram et lapides ut est moris, Willelmo de Streuelyng, filio et heredi quondam Willelnii Streuelyng domini dictarum terrarum de Caddare, qui quidem Willehnus de Streuelyng nunc superstes, ut idem Willelmus [sic, sed lege Reg- inalds] balliuus asseruit, per inquisitionem repertus fuit legittime etatis, ac legittimus et propinquior heres dicti quondam Willelmi patris sui. Super quibus omnibus et singulis prefatus Willelmus Streuelyng a me notario publico sibi fieri petiit publicum instru- mentum. Acta fuerunt bee apud turrim de Caddare, anno, mense, die, indictione et pontifieatu quibus supra. Presentibus venerabilibus et prouidis viris, Magistro Roberto de Moffath Thesaurario Glasguensi ac Vicario in spiritualibus reuerendi in Christo patris et domini, domini Johannis miseracione diuina Episcopi Glasguensis in remotis agentis, Alexandro Stewart de Vass, Alexandro de Craufurd scutiferis, Dominis Thoma de Lee, Johanne de Carrik presbiteris, et Henrico Michaelis burgense de Glasgu, cum multis aliis testibus ad premissa vocatis specialiter et rogatis. Et ad maiorem secu- ritatem premissorum, predictus Reginaldus balliuus suum sigillum apposuit presenti publico instrumento.
Et ego Jobannes de Hawyk presbyter Glasguensis diocesis publicus auctoritate imperiali notarius, dicte saysine tradicioni, omnibusque aliis et singulis dum sic ut premittitur, agerentur et fierent, vna cum prenominatis testibus presens interfui ; eaque sic fieri, vidi et audiui, in notam recepi, ac inde presens pub- licum instrumentum, per alium scriptum, me aliis occupato, confeci, publicaui, et in banc publicam formam redegi, signoque meo solito me subscribendo signaui, rogatus in fidem et testimonium omnium premissorum.
JO. DE H.
Precept of Sasine by Walter of Halyburtone, Knigbt, Lord of tbat Rk, for infefting William of Strmelyne in a tenandry called Ragorton, 21st October 1437.
17. Be it kende to all men thru tbir presentz lettres vs Walter of Halyburtone knycht lorde of that ilke and of Monythi, tilliaue made, stablyst and ordanyt, and be thir oui'e presentez lettres makis, stablyses and ordanys our luffit son, Robert off Halyburtone, oure baize in that parte, to gif heritable state, possessioun and sesyng to William of Striuelyne, of a tenandry haldin of vs quhilk is callit Ragorton, lyande within the saide oure lordscbip of Monythy. within the sheradome of Perth. Porquhi the saide Williame
214 keir papers. [1437-42.
broucht us the kyngis bref of conmiandinent to gif the saide sesyng to the saide Wil- liam be us or oure baize. To the quhilk thing lauchfully to be done we coinmyt to the saide Robert, oure baize in this parte, oure full power ; We haldande and for to halde ferine and stable all and quhat so thing the saide oure baize sail do lauchfully in the giffing of the saide sesyng in oure name. In the wytnessyng of this thing to thir oure presentez lettres we haue gert set oure seele, at Perth, the xxi day of the moneth of October, the yhere of our Lorde a thousande foure hundreth and thretty and sevin yher. Seal : Quarterly, 1st, a Bend charged with three Mascles : 2nd, three bars : 3rd, a Bend : 4th as the first.
Precept of Sasine by Isabel, Duchess of Albany and Countess of the Leuenax, in favour of James Stewart of Albany, 12th May 1437.
18. Isabel, Duchez of Albany and Countas of the Leuenax, Til our loued Cosingis, Thomas and Malcolm Alexandersonez, Gretyng : Forthy that we haue gyffyne certane landis til our deirest nevo, Jamez Stewart of Albany, effter as is contenit in his charteris made tharvpone ; We charge zow coniunctly and seuerali, bath or ane, that ze pas with the sayd Jamez to the sayd landis, and giff hym heritable state sesyng and possessioun, in our name, of the said landis al and syndry, effter the tenour of his charter ; giffand and grantand to yhow and til ilkane of zow, our full powar and speciale commandment, the said sesyng heritable state and possessioun to gif to the said Jamez ; haldand ferme and stable for ys and our ayeris for euer : In wytnez of the qhuilkis til thir our lettrez our sele is to put, at Inchkalzach, the xij dai of May, ye zere of God I™ cccc"? xxxvijV .
Charter by Isabella, Duchess of Albany, to Sir William of Dunbretane, Chaplain, of the lands of Bullull, 10th June 1442.
19' Omnibus hanc cartam visuris vel audituris, Isabella Ducissa Albanie ac Comitissa de Leuenax, eternam in Domino salutem. Noueritis nos quasdani literas quondam antecessoris nostri bone memorie, Donaldi comitis de Leuenax, inspexisse et veraciter intellexisse, super terras de Bullull Superiori propinquius adiacentes ecclesie de Bullull, factas cuidam Roberto Clerk de Dunbretane, heredibus suis et suis assignatis, in feodo et hereditate, prout plenius in se continetur, pro quadam summa pecunie antique monete dicto domino comiti premanibus persoluta per dictum Robertum, quousque dictus dominus comes uel heredes sui predictam summam persoluerunt ; sicut in carta sibi
1442.] CHARTERS, ETC. 215
inde confecta denionstratur : Nos uero considerantes dictam terrain assignatani capelle sanete Marie de Dunbretane ad celebranda diuina in eadeni hnperpetuiun per dictum Kobertura, pro aniinabus cornituni de Leuenax, antecessorum et successorum suorum, et omnium fideliurn defunetorurn, quousque snmma predicta per heredes successores seu dicti domini comitis fuerit, ut continetur in carta, plenarie persoluta : Volentes huiusrnodi smnmani persoluere, renunciare, et dictarn terram de Bullull ad eandern capellara et diuinurn seruicimn in eadem annexare, pro nobis et heredibus nostris et successoribus imperpetuiun confirmare, pro salute amine quondam illus- trissimi principis, Regis Roberti Broyce, antecessorum et successorum suorum, Region Scocie, et pro salute anime Duncani, quondam progenitoris nostri, comitis de Leuenax, antecessorum et successorum suorum, comitum de Leuenax, anime nostre matris, prolium, et omnimn fideliiun defunctormn, Damus, concedimus, et per presentes confirmamus, dictas terras de Bullull, cum pertinenciis, domino Willelmo de Dunbre- tane, moderno capellano, pro toto tempore vite sue, et successoribus suis capellanis in eadem capella diuina celebraturis imperpetuiun. . . . Adeo libere et quiete, plenarie et honorifice, bene et in pace, sicut aliqua terra elemosinarie alicui capelle seu capellanie infra regnum Scocie, liberius conceditur siue datur, seu dari potuit uel con- cedi ; nichil nobis seu heredibus seu successoribus quibuscunque reddendo inde, nisi oracionum suffragia tantiun, pro omni alio seruicio seculari uel demanda, que per nos heredes uel successores nostros de eisdem terris exigi poterunt uel requiri : Et si contingat nos dictam Isabellam, heredes nostros assignatos seu successores nostros quoscunque, vel aliquos alios nomine nostro, contra hanc concessionem nostram, uel presens scriptum, uel aliquod in ipso contentvnn, futuris temporibus palam uel occulte, uerbo uel facto, contrauenire uel contradicere aut litem mouere, quod absit ; obligamus nos, heredes nostros assignatos et eciam successores nostros, et eorum quemlibet, et quoscunque alios nomine nostro, contrauenientes aut contrauenientem, contradicentes aut contradicentem litem mouentes aut mouentem, in centum libris sterlingorum antiquorum, dicto domino Willelmo capellano, et successoribus suis capellanis, et suis assignatis, nomine debite dampnorum et expensarum et interesse persoluendis, et in quadraginta libris vsualis monete regni Scocie, fabrice ecclesie maioris Glasguensis nomine pene persoluendis, prinio die litis mote antequam coram quocunque iudice ecclesiastico seu seculari in premissis audiamur persoluendis, presente tamen scripto in suo robore semper permanente, nullo remedio iuris obstante in contrarium : Et nos uero dicta Isabella, heredes nostri assignati et successores, dictam terram de Bulbil dicte capelle cum pertinenciis, in forma premissa, in omnibus sicut prescription est, contra omnes mortales, Warantizabimus, acquietabimus, et imperpetuum defendemus :
216 KEIE PAPERS. [1442.
In cuius rei testimonium sigillum nostrum presentibus duximus apponendum, apud Inchmoryne, decimo die mensis Junii, anno Domini millesimo cccc™° quadragesinio seeundo, coram Mis testibus, Andrea Stewart, Murdaco Stewart, niilitibus, Alano Stewart, Arthuro Stewart, Waltero Stewart, nepotibus nostris, Patricio de Corntoun capellano nostro, Jacobo Nobill, Jobanne Palmer, Thoma Arthuri, Donaldo Clerici, et aliis.
Decree at the instance of William of Striuelyne, Laird of Cadar, against Gilbert of
Striuelyn, 21st January 1442.
20. James and James be the grace of God Byschopis of Santandrowis and Dunkeldyn, Patrik Lorde the Grahame, and George of Setoun Lorde of that Ilk, Knychtis, Til al and syndry to quhais knawlagis thir oure lettris sal cum, Gretyng. Sen meidfull and merytabill thyng is to bere wytnes to the suthfastnes, tharfor it is that we bere wytnes, that in the caus of debate and controuersy moved betwene Wilzame of Striuelyne Larde of Cadar on the ta part, and Gilbert of Striuelyn on the tother part, vpoun the landis of Kyrkmychael Striuelyn, wyth the pertynence, lyande abovyn Levyn, wythin the Schh-efdome of Dunbertane ; quhare the said Wilzame had gert somounde the said Gilbert, be the kyngis letteris patent vnder his signet, to compere befor our souerane lorde the kyng and his consale in the castale of Striuelyn at a certane day, til answare til it that the kyngis consale and the party had to say til hym, for the wrangwyse occupacioun of the said landis ; at the qukilk tyme the said Gilbert comperyt as he was somonde as defendoure, and the said Wilzame comperyt as foloware. And thare the resonis and abaymentis of bath the forsaid partyes herde and sadly degestyt, wyth diligent commownyng, examinacioun and rype avysement ; We, wyth the remanande of lordis of counsale vnderwryttyn, decretyt and ordanyt that the said landis of Kyrkmychael Striuelyne wyth the pertynence sulde remayne wyth the said Wilzam as his fee and his herytage, because we fande hym possessoure of thaim lachfull and nocht the said Gilbert. Alswa we decretyt, that because at the said Gilbert had wrangwysly occupyit the said landis, that he sulde incontynent remufe and devoyde the said landis wyth al his gudis and decist from sic occupacioun in tyme to~cum. And attoure we decretyt and ordanit that the said Gilbert sulde pay the male of the said landis zerly to the said Wilzame, fra the tyme that the said Wilzame tuke state and seysyng of the said landis, to the day of the makyng of thir present letteris. Thir ar the lordis that war in cumpany wyth vs vpoun the said decrete, that is to say, Johne of Dischyngtoun lorde of Ardross, procurature for oure souerane lady the qvene,
1446.] CHARTERS, ETC. 217
Mayster Thomas of Luyndene procurature for the Erie of Anguse, Schir Wilzanie Lorde of Borthwike, Schii' Robert of Levyngstoun Lorde of Drumry, Scliir Alexander Ramsay Lorde of Dalwolsy, Alexander of Strathachyn procurature for the Lorde of Kethe, Schir Dauid of Dunbar Lorde of Cokburne, Schir Colyne Cambel, Schir Davy of Murrefe Lorde of Tulybardyn, Johne of the Sandylandis Lorde of Caldor, Malcohne of Drummonde Lorde of the Stob hall, James of Levyngstoun capytane of Striuelyne, Wilzanie of Levyngstoun of Balcastale, Mayster Johne of Baylistoun persoun of Douglas, secretare to the kyng, and Robert of Chesholme. In wytness of the quhilk thyng to thir present letteris we the saidis James and James, Byschopis, Patrik and George, Knychtis, has hungin oure seelis, at Striuelyn the xxi day of the moneth Januare, the zere of God a M. four hundreth fourty and twa zere.
Instrument in favour of Gilbert of Striwlyne and Isabella his wife, concerning the lands of Estir Cadere, 3rd March 1446.
21. In Dei nomine Amen. Per hoc presens publicum Instrunientiun cunctis pateat euidenter, quod anno ab Incarnatione euisdem, secundum computationem Regni Scocie, millesimo cccc™ xlvi'.° ; mensis Marcii die tertia, Indictione xm.a, pontificatus sanc- tisshni in Christo patris et domini nostri, domini Eugenii diuina prouidencia pape quarti, anno decimo sexto: In mei Notarii publici et testium subscriptorum presencia, personaliter constitutus prouidus vir, Gilbertus de Striwylyne, veniens coram venerabi- libus viris, Magistris Dauid de Cadyhou Precentore, Patricio Leich, Dauid de Name, et Roberto de Prendergest, canonicis Ecclesie Glasguensis, produxit quoddam publicum instrumentmn, signo et subscriptione Magistri Roberti de Laweder canonici Glasguensis ac publici notarii confectum, quodquidem signmn cum subscriptione tunc per testes fidedignos probatum fuit. In quo instrumento contentum fuit, quod dictus Gilbertus de Striwylyne accessit ad dominum Episcopum Glasguensem et petiit quasdam terras ipsius Gilberti de Estir Cadyre, quas terras Rankynus de Crawfurd balliuus dicti domini Episcopi recognouit in manibus dicti Episcopi, tanquam in manibus domini superioris dictarum terrarum, sibi Gilberto replegiari, ac ipsum iterum cito in posses- sionem realem induci, nomine et ex parte Isabelle vxoris sue ; quiqnidem dominus Episcopus ad petitionem dicti Gilberti, predictas terras de Estir Cadere ipsi Gilberto,
218 KEIR PAPEES. [1447.
per ciroteee traditionem, nomine dicte vxoris sue, deliberauit ac ipsum Gilbertum ut prius in possessionem realem reduxit, saluo jure cuiuslibet. Verum dictus Gilbertus predictos duos canonicos cum instantia requisiuit quatenus suam memoriam de premissis declararent in testimonium veritatis. Predicti vero domini canonici, videlicet, Magistri Dauid de Cadyhou, Patricius Leich, et Dauid de Name asserebant et declarabant se bene habere in memoria quod talia facta fuerunt, prout in dicto instrumento continetur, cui instrumento referebant fidem ad adhibendam. Dictus vero Magister Robertus de Prendergest, pro se, asserebat et declarabat quod firmiter credit quod talia facta fuerunt, sed non bene recordatur, quod sunt octo anni elapsi, vt patet in dicto instrumento, cui se referebat et fidem similiter adhibebat. Super quibus omnibus et singulis dictus Gil- bertus de Striwylyne petiit a me Notario publico fieri publicum Instrumentum : Acta fuerunt hec in ecclesia Cathedrali Glasguensi, anno, mense, die, indictione et pon- tificatu quibus supra. Presentibus ibidem discretis viris, dominis Ricardo Cardiner Vicario de Gobnanell, Johanne de Mousfald, publico Notario, Jolianne de Camera et Thoma de Raburne, presbiteris Glasguensis diocesis, testibus ad premissa vocatis specialiter et rogatis.
Et Ego Johannes de Hawyk presbiter Glasguensis diocesis publicus auctoritate Imperiali Notarius, premissis omnibus et singulis, dum sic vt prescribitur, agerentur et fierent, vna cum prenominatis testibus presens interfui. Eaque sic fieri, vidi et audiui, ac inde presens publicum instrumentum, per alium de man- dato meo scriptum, publicaui et in hanc publicam forniam redegi, signoque meo solito, me subscribendo, signaui, rogatus in fidem et testimonium omnium pre- missorum. Rasuris vero factis in istis dictionibus publicum instrumentum et cathedrali in xxi linia a principio huius instrumenti approbo cum premissis. Jo. de H.
Instrument in favour of William Strivelyng Lord of Cader, of the lands of Estyrcader,
28th May 1447.
22. In Dei nomine Amen. Per hoc presens publicum instrumentum cunctis pateat euiden- ter, quod anno ab Incarnatione Domini millesimo cccc1?0 xlvii™0, die vero xxviii mensis Maii, Indictione x, pontificatus sanctissimi in Christo patris et domini nostri, domini Nicholai diuina prouidentia pape quarti [sic, sed lege quinti] anno primo: In mei notarii publici et tcstium subscriptoriun presentia personaliter constitutus nobilis vir, Willelmus de Strivelyng dominus de Cader, personaliter accessit ad villain de Estyrcader jacentem infra dominium de Cader et baroniam de Glasgu, in multorum presentia exponendo
1447.] CHARTERS, ETC. 219
dixit, quod alias nobilis vir, doniinus Alexander de Levyngstoun miles, dominus de Calentare, terras suas de Estyrcader sine rationabili causa Juris uel rationis recognosci fecit, qua auctoritate ignorabat, non obstantibus quod quondam dominus Johannes de Stryvelyng miles, auus dicti Willelrni de Striuelyng, Willelmus de Striuelyng pater eiusdem Willelmi, et ipse Willelmus dominus de Cadere, fuerunt in legitima et pacifica possessione dictarum terrarum de Estyrcader cum pertinentiis a xlvi annis elapsis, et usque ad liunc diem, ut ipse Willelmus asseruit, idem dominus de Calenter antedictus, predictas terras de Estyrcader, contra communem formam et iuris ordinem, Gilberto de Striuelyng replegiari fecit, in ipsius Willelmi de Striuelyng preiudicium dampnum nonmodicum et grauamen. Hiis vero peractis, prefatus Willebnus de Striuelyng ad principale messuagium siue mansionem dictarum terrarum de Estircader accessit, dic- tumque Gilbertum de Striuelyng et Isabellam eius sponsam de dicto messuagio siue mansione expulsit et deiecit, ac etiam animalia et alia bona mobilia dictoriun Gilberti et Isabelle de dictis terris de Estircader per suum sergiandum remoueri fecit, necnon ibidem in eadem mansione per fractionem vnius vasis et extinctionem ignis dictam replegiationem siue intrusionem fregit, adnullauit, contradixit et reuocauit, Protestando ibidem, quod quamuis ipse Willelmus de Striuelyng, cum dictis terris suis cle Estircader protunc in futurum commode se intromittere non poterat, propter maiora dampna et pericula sibi lata, et in futurum pro eisdem inferenda, quod occupatio dicti Gilberti de Striuelyng, si qua fuerit sibi prefato Willelmo de Striuelyng quantum ad ius suum pos- sessionem seu proprietatem dictarum terrarum suarum de Estircadere nullum preiu- dicium generaret in futurum. Super quibus omnibus et singulis, prefatus Willelmus de Striuelyng, dominus de Cader antedictus, a me notario publico infra scripto, sibi fieri petiit publicum et publica, instrumentum et instrumenta. Acta fuerunt apud predictas terras de Estyrcader, sub anno, mense, die, Indictione et pontificatu suprascriptis. Presentibus ibidem discretis viris, dominis Roberto de Prendyrgest, Gilberto Clerk, presbiteris, Roberto Boyde scutifero, Jolianne Smyth, Henrico Gudewyne, burgensibus de Kyrkyntolache, Johanne Ambrose, Donaldo Talzowre et Thoma Talzoure laicis Glas- guensis diocesis, cum multis aliis testibus ad premissa vocatis specialiter et requisitis. Et Ego Johannes de Mousfald presbiter Glasguensis diocesis publicus auctori- tate Imperiali Notarius, premissis, etc. Johannes de Mousfald.
220 KEIR PAPERS. [1448.
Instrument of Resignation of the lands of Estir Cader, in favour of Patrick of
Striueline — 1448.
23. In nomine Domini Anien. Per hoc presens publicum Instrumentum [cunctis pateat euidenter, quod] Anno Domini millesimo quadringentesimo quadragesimo octauo, die vero [mensis ] secunda, et eiusdem diei hora quasi sexta post meridiem, Indic-
tione vndecima, [Pontificatus sanctissimi in Christo] patris ac domini nostri, domini Nicholai diuina prouidentia pape quinti, anno secundo: In mei Notarii publici et testium subscriptorum presencia, personaliter constitutus Gilbertus de Streueline et Isabella Trepnay vxor sua, non vi aut metu ducti, nee errore lapsi, vt asseruerunt, sed vnanimi consensu pariter et assensu, pro ipsorum vtilitate, pure et simpliciter per fustem et baculum, duas partes terrarum de Estir Cadare cum pertinentiis, in manibus Reuerendi in Christo patris ac domini, domini Willelmi, Dei et Apostolice sedis gratia Glasguensis Episcopi, sursum Reddiderunt, vna cum possessione et proprietate earun- dem resignauerunt. Quibus sic factis et peractis, incontinenter et absque interuallo, dictus Reuerendus in Christo pater, tanquam dominus superior dictarum terrarum, honorabili viro, Patricio de Streueline filio dictorum Gilberti et Isabelle, dictas terras de Estir Cadare cum iustis pertinentiis contulit et dedit realiter cum efFectu. Ten- endas in capite de se et successoribus suis hereditarie, Episcopis Glasguensibus, prout antiquitus tenebantur, ac saluis iuribus et seruiciis de eisdeni terris sibi debitis et consuetis. Super quibus omnibus et singulis dictus Patricius de Streueline a me notario publico subscripto, vnum vel plura, publicum seu publica, sibi confici petiit instrumentum vel instrumenta. Acta fuerunt hec in Castro de Streueline, et in camera prefati reuerendi in Christo patris, sub" anno, die, mense, indictione, et j>on- tificatu quibus supra. Testibus ibidem nobilibus viris, videlicet, Jacobo de Levyng- stone, capitaneo castri de Streueline antedicti, dominis Andrea Stewart et Murdaco Stewart, militibus, magistro Johanne Spaldyne, Vicario de [Dunblane ?], Roberto de Morauia, Roberto Nory, Waltero Turnbull armigeris, et Johanne Ricardi burgense dicti burgi de Streueline, cum multis aliis, in testimonium vocatis specialiter et rogatis.
Et Ego Johannes de Railstoune, presbyter Sancti Andree diocesis publicus auctoritate Imperiali notarius. Premissis, etc.
1448 Jo. de Railstoune.
1448.] CHARTERS, ETC. 221
Resignation by Lucas of Sterling of Bouchquhumgre, to George Lord the Leysly of Lewyn, of the lands of Bynzharty, 6th May 1448.
24. Be it made kende till all men be thir present letteris, me Lwkas of Sterling of Bouchquhumgre, till hawe resignit, and be thir present letteris resignis, apone the sext day of the monethe of May, the yhere of Gode a thousande foure hundrethe fourty and acht yhcris, in the handis of ayn honorabille and a worschipfulle lorde, Jorge Lorde the Leysly of Lewyn my oure lord, alle and sindry my landis of Bynzharty and the Hillis of Ballingalle withe thayre pertinens, liande within the schirrefdome of Fiff and the barowny of Leysly, and haldyn of the baron of that ilke, at Leysly, the lordis cheif place of the sam barowny. To be haldyn and to be hade alle and sindry the forsaide landis of Bynzharty and the Hillis of Ballingalle with thayre pertinens, to the forsaide Jorge Lorde the Leysly of Lewyn, my oure lorde of the saide landis, and his ayris, in fee and heretage, fra me and my ayris foreuermare, withe alle profiteis, comnioditeis and eysmentis, and rychtwyse pertinens to the saide landis of Bynzharty and the Hillis of Ballingalle, pertenande or ma perteyn in ony tym tocum, als frely, quietly, veyle, and in pece, as ony landis are joysit or broukit throw gewyn or resignation be quhatsumeuer withyn the realme of Scotlande, sua that I na my ayris law or ony claym in the saide landis of Bynzharty and the Hillis of Ballingalle with thayre pertinens, ma ask or challans ony manere of wyse, bot fra hinsfurthe fra alle law and claynie of the saide landis of Bynzharty and the Hillis" of Ballingalle with thayre pertinentis, I and my ayris mot be excludit for euermare be thir present letteris. Ande for the mare sowrte of this resignation and vpgewyn of thir saide landis with thayre pertinens, be lettire of procurattory, selyt withe my awn seele, I hawe gewyn fulle powere to Vilzheaym of Sterling, my sone and apperande ayre, tille resigne and vpgewe the saide landis of Bynzharty and the Hillis of Ballingalle withe thayre pertinens, to the saide Jorge Lorde the Leysly of Lewyn, my oure lorde of the saide landis, eftire manere and fourme beforwrittyn. In the witnes of the quhilk thinge my seele is to put, the sext day of the monethe of May, the yhere of Gode a thousand foure hundrethe fourty and acht yheris, at Leysly, befor thire witnes, that is to say, Thorn Lummysden of the Condelay, John Lummysden of Gleggirnache, Alyschundir of Cwnygaym squheyaris, Schir Bobert Schort notar, vicar of Dersy, Thomas of Kyninmounde and Jhon of Fogo burgess of Couper, withe othir diuerss.
Seal : On a Bend three Buckles. Legend : ' Sigillum ' Lucee de Striueline.'
222 KEIR PAPERS. [1448.
Resignation by George of Leysly, Lord of that Ilk, to Lukas of Sterling of Boquhumgre, of the half lands of Keyre, 7th May 1448.
25. Be it made kende till alle men he thire present letteris, me Gorge of Leysly lorde.of that like, tille hawe made, stabillist and ordande, and be thire my letteris niakys, stabillis and ordanis a honorabill man, James of Lewyngstone capiteyn tille oure souerayn lorde the kyng of Scotlande, and Vilzheaym of Sterling, the sone and apperand ayre tille Lukas of Sterling of Bouchquhumgre, coniunctly and seueraly, my fulle pro- curatouris and deputis, giffande and grantande to the forsaidis James and Vilzheaym my procuratouris and deputtis, and tille ewyre ilkayn of thaym be him self, my fulle poware and specialle mandment my lettris of resignatioun to resawe, and in my naym to resigne, half the landis of Keyre withe thare pertinance, liande within the schirefdonie of Perth and erledome of Stratherne, in to the handis of ayn excellent prince and kyng, kyng James of the Reakne of Scotlande kyng, as ouer Lorde of the saide half landis of Keyre, with thare pertinence, to be gewyn to the forsaide Lovkas of Sterling and his ayris in fee and heretage foreuerniare, fra me and my ayris euerlastandly. I haldande and fortille halde ferme and stabille quhatsumeuerthing the forsaidis James and Vilzheaym my procm'atouris and deputis or ony ayn of thaym in my naym doyis or oysis in the saide resignatione. In the wytnes of the quhilk thing my seele is to hungyn, at Leysly the sewyn day of the monethe of May, the yhere of God a thousande four hundreth fourty and acht yheris, befor thir witnes, that is to say, Thorn of Lummysdeyn of Condelay, Jhone Lummysden of Gleggirnache, Alyshundire of Cunygaym squheyaris, Schir Robert Schort notare vicare of Dersy, Thorn of Kynin- monde, and Jhone Fogo Burgez of Couper with othiris diuers.
Ciiartee by Jonet of Kinross of Kippanrosse to William of Striueline, of the lands of Lubnocht, 5th November 1448.
26. Omnibus hanc cartam visuris vel auditm'is, Joneta de Kinross de Kippanrosse eternam in Domino Salutem. Noueritis me, non vi aut metu ductani, nee errore lapsam, seu dolo circumuentam, sed mea mera et spontanea voluntate, habitis super hoc auisamento et consilio amicorum meorum, dedisse . . . honorabili viro Wilelmo de Striueline, filio et heredi apparenti Luce de Striuelin de Ratherne, pro suis consilio et auxilio michi sepius temporibus retroactis impensis, et specialiter in recuperacione terrarum mearum de Lubnoch, cum pertinenciis, jacentibus in dominio de Strogartnay infra vice- comitatum de Perth, de manibus Johannis de Menteth alias per meos predecessores
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1448.] CHARTERS, ETC. 223
iinpigneratas ; omnes et singulas terras meas predictas de Lubnoch cum pertinenciis, jacentes in dominio et vicecomitatu prescriptis. Tenendas et habendas . . . dicto Wilehno heredibus et assignatis suis, a me et heredibus meis, de domino de Strogartnay et heredibus suis, in feodo et hereditate imperpetuum . . . Reddendo inde annuatim . . dicto domino superiori et heredibus suis vnum lee Rabuk hede in festo pente- costes, nomine albe firme, si petatur, ac faciendo domino nostro Regi et successoribus suis formsecuni seruicium quantum ad dictas terras pertinet ... In cuius rei testimonium presenti carte niee sigillum meum est appensimi ; et quia sigillum meum est minus notum, sigillum potentis et nobilis domini, Patricii Domini de lee Grahaame coram testibus procuraui cum instancia, et testimonium et fidusiam omnium premissorum, vnacum sigillo meo dicte carte mee apponi. Et ad maiorem securitatem, ego dicta Joneta de Kinross, non coacta, sed mea libera voluntate, de non contradicendo prefate carte mee, aut cuique contento in eadem, clam vel palam, directe vel indirecte, in judicio vel extra, per me aut quamcumque interpositam personam, tactis Dei sanetis euuangeliis jui-amentum prestiti corporale. Apud Kincardin quinto die mensis Nouenibris, anno Domini Millesimo quadringentesimo quadragesimo octauo, coram hiis testibus, videlicet, Reuerendo in Christo patre et domino, domino Roberto de Laudere diuina prouidentia Episcopo Dunblanensi, Magistro Johanne Cristini Officiali ac Cancellario Dunblanensi, Alexandra de G-rahaine, Willekno Haldene, Malcolmo Vchtre, scutiferis, et me Domino Johanne Robert! notario publico, cum nonnullis aliis ad premissa vocatis.
Instrument of Ratification by Jonet of Kinross, Lady of Kyppenross, to William of Striuelm, of the Lands of Lubnocht, 5th September 1448.
. In Dei nomine Amen. Per hoc presens publicum Instrumentum cunctis pateat euidenter, quod Anno Incarnacionis dominice millesimo quadringentesimo quadragesimo octauo, mensis vero Septembris die quinta, Indictione duodechna, pontificatus Sanc- tissimi in Christo patris et domini nostri, domini Nicholai diuina prouidentia pape quinti, anno secundo: In mei Notarii publici et testium subscriptorum presencia, per- sonaHter constituta nobilis mulier, Joneta de Kinross Domina de Kyppenross, sponsa nobilis viri Roberti Stewart, omnes et singulas terras de Lubnocht, in dominio de Strogertnay, infra vicecomitatum de Perthe jacentes, nobili viro, Wilelmo de Striuelm, filio seniori et heredi apparenti Luce de Striuelin, cum consensu et assensu dicti Roberti sui mariti, pro certa summa pecunie dictis Jonete et Roberto, in sua magna et vrgente necessitate exhibita, et in eoruni commodum et vtilitatem diuersimodi conuersa, vendidit et alienauit, prout in eoriun euidenciis et Uteris exinde confectis plenius con-
224 KEIR PAPERS. [1449.
tinetur. Quibus factis tandem de dicte Jonete presencia, de loco visu et habitacione prefato Roberto suo rnarito penitus abstracto et rernoto, Joneta antedicta, non vi aut nietu ducta, aut per aliquein choacta, nee errore lapsa, sed sua mera .et spontanea voluntate, benemeritis dicti Willehni de Striuelin eidem sepius impensis pensatis et consideratis, se nunquam, opere uel sermone, actu uel tractatu, ad quenicunque statum deuenerit uel deuenire poterit in futuruni, quocunque colore quesito juris uel facti, contra huiusrnodi vendicionem, seu alienacionem, in omnibus articulis, punctis et cir- cumstanciis, prout in euidenciis continetur, tactis sacrosanctis dei euuangeliis, se nun- quam deuenire jurainentum prestitit corporale. Super quibus omnibus et singulis prefatus Willelmus de Striuelin a me notario publico infrascripto sibi fieri petiit presens publicum instriunentmn seu publica instrumenta. Acta erant bee in maiori aula Castri de Kincardin bora prima post meridiem, sub anno, die, mense, indictione, et pontificatu quibus supra. Presentibus ibidem magnifico et potenti domino Patricio Domino de lee Graharne, Alexandra de Grahaine fratre dicti Domini, Magistro Jobanne Cristini Officiali ac Cancellario Dunblanensi, Willelmo Halden, Jobanne Halden, et Williebno Gardinere cum multis aliis.
Et ego Jobannes Roberti, presbyter Dunblanensis diocesis, publicus auctoritate Imperiali Notarius. Quia predictarum terrarum venditioni alienationi et juramenti prestiticioni, ceterisque omnibus et singulis, dum sic ut preniittitur, dicerentur, et fierent, vnacmn prenominatis testibus presens personaliter interfui, eaque omnia et singula supradicta, sic fieri, vidi, et audiui, et in notam precepi. Ideoque presens publicum Instrumentum, manu mea propria scriptum, et sigil- latuni sigillo officij venerabilis et circumspecti viri, Magistri Jobannis Cristini, Officialis ac Cancellarii Dunblanensis exinde confeci, signoque et nomine meis solitis et consuetis signaui rogatus et requisitus, in fidem et testimonium omnium et singuloruni premissorum.
Jo. RoBERTI.
Obligation by James II. to Robert of Levingstouno of Medilbennyng, Comptroller, relative to tbe sum due to bim by the King, 22nd August 1449.
28. Jacobus Dei gracia Rex Scotorum, Vniuersis et singulis ad quorum noticias presentes litere peruenerint, Salutem : Quia, per auditores in Scaccario nostro vltimo tento apud Linlithqw, per nos ad hoe specialiter deputatos, compoto claro et fideli reddito per spectabilem scutiferum nostrum, Robertmn de Levingstoune de Medilbenyng, nostrum Compotorum Rotulatorem, de omnibus prouentibus, redditibus, custumis, et
1453.] CHARTERS, ETC. 225
peceuniaruin sum mis nobis pertinentibus, per eundem receptis, a die introitus sui in officio Conrpotormn Rotulatoris predicto, vsque ad quintan diem mensis Augusti inclusiue, anno Domini millesimo quadringentesimo quadragesimo nono, illis omnibus eompotatis et allocatis ; compotum est atque fateniur nos sibi debere, de propriis bonis et peccuniis suis, pro nobis et in vsibus nostris expositis, summam nouem centum et triginta librarum de moneta regni nostri currente, que se extendit ad summam triuni centum et septuaginta duarum librarum grossorum de moneta Flandrie : Quamquidem summam predietam, dicto Roberto, suis heredibus, successoribus, executoribus, assig- natis, procuratoribus, aut deputatis, in territorio Flandrie, in villa de Brugis, de sunrnia nobis debita racione dotis consortis nostre, Doniine Marie Regine Scocie, primo die mensis Aprilis datam presencium immediate sequente, vel ad omne longius, in festo quod dicitur aduincula Sancti Petri, primiun diem mensis Aprilis predicti immediate sequente, sine vlteriore dilacione, soluere promittimus : Et nos, heredes et successores nostros. ad hoc tenore presencium firmiter obligamus : Et in solucione summe predicte, si earn in Flandria fieri contingat, pro libra grossorum in solucione predicta, computa- buntur quinquaginta solidi monete regni nostri currentis : Et si contingat predictum Robertan de summa sexaginta trium librarum grossorum, per certam aliam assigna- cionem nostram sibi desuper factam, in territorio Flandrie persolui, predicte sexaginta tres libre grossorum de summa trium centum septuaginta duarum librarum grossoruni predictarum defalcabuntur : In quorum omnium et singulorum fidem et testimonium, secretuni sigillum nostrum presentibus obligacionis nostre Uteris, nostra subscripcione manuali roboratis, est appensum, apud Striueline, vicesimo secundo die mensis Augusti, anno Domini millesimo quadringentesimo quadragesimo nono, et regni nostri decimo tercio.
Renunciation by Stephen Scot of the Mwrhouse to Henry of Leuingstoune, son and heir of the deceased Robert of Leuingstoune of Lithquo, of the lands of Castel- cary and the Weltoune, 7th November 1453.
29. Til al and sindry to quhais knawlagis thir present letteris sal to cum, Stephyn Scot of the Mwrhouse, Greting in Gode ay lestande : Wit zom' vniuersite me, nocht throu strenth lede, na throw error slydyn, compellit, na constrenyhete, bot of myn awyTn pure
226 KEIR PAPEES. [1453.
fre and wilful will, my profit on ilk side sene ande considerit ; for til haf gyffyn oui'e, frely grantit, dischargit, and remittit, and be thir my present letteris, frely ouregyffis, grantis, dischargis, and remittis, and purely and simply resignis, fra me myn ayris and myn assignais for euerinar, til a worthy man, Henry of Levingstoune, sone and ayr of quhilum Robert of Levingstoune of Lithquo ; all rycht, titill of rycht, questione, clame of rycht or demande, properte and possessioune, the quhilk or the quhilkis I the said Stephyn, myn ayris or assignais, or ony vthir in our name, had, has, or ony maner of way may haf in tym to cum, in or to the landis of Castelcary and the Weltoune, wyth thar pertinens, or til ony part of thaim, lyand wythtin the baronry of Stratetoune, and the schirefdome of Stryviling, be ony resone, rycht, titil, or clame of rycht, of a gyft of the said landis gyffyn til me and myn ayris of thaim, be our souerane lorde the king, James be the grace of God King of Scottis the secunde, as his charter thar vpone to me maid in to the self fully proportis : The quhilk gyft, charter, rycht, and pos- session, I renunce, remittis, and our gyffis for euerinar as said is, fra me, myn ayris and assignais, to the said Henry and his ayris for euermar ; sua that nowther I myn ayris na myn assignais, na nane vthir in to my name na tharis, sal neuermar in tym to cum mak ony persute, clame, questione, ehalangis, folowyng, distrobilling, or demand, in or to the said landis of Castelcary, or the Weltoune, wyth the pertinens, or til ony part of thaim, in to jugement or wythoute jugement, in to the law or by the law, in preve or in pert, stilly or lowde, rychtwysly or wrangwysly, in worde or in dede, na neuer move plede, raise stryf, distrubill, in quiete, vex, harm, scath, or hinder the for- saide Henry, his ayris na assignais, in the brouking, hafyng, vsing, and joysing of al the forsaid landis wyth the pertinens, na na part of thaim ; bot fra al rycht, titil, and clame of rycht, bath petitour and possessour, I myn ayris and myn assignais, and al vthiris in our name, ar and sal be for euermar dischargit, excludit, assolyhet, and oute put be thir our present letteris ; and that nowther I, myn ayris na myn assig- nais, na nane vthir in our name, sal neuer in tym to cum breke, reuoke, na agayn call this forsaid letter, condicion, na bande, na na poynt contenit in it, bot we and ilkane of vs sal perpetuall obserue, kepe, hald, and fulfill thaim, al the poyntis, articulis, eon- dicionis, circumstans, fui'me and effect, lelly and trewly, but fraude or gyle, frielie exceptione or aganecallvng quhatsumeuer : The quhilkis al and sindry thingis til halde, kepe, observe, and fulfil for euermar, we oblis vs and ilkane of vs lelly and trewly, be the fathtis of our bodiis and thir present letteris, bwt reuocacion : In witnes of the quhilk thing to thir my present letteris, I haf to set my sele, at Edinburgh, the scvynt day of the moneth of Nouember, the zere of Clod a thousand four hundreth fifty and thre yheris.
1452-55.] CHARTERS, ETC. 227
Charter by King James II. to Alexander of Strathachin of Knok, of half of the lands of Keire, 13th April 1452.
30. Jacobus dei gracia Rex Scotoruni. Omnibus probis hominibus totius terre sue clericis et laicis, Salutem. Sciatis nos dedisse . . . dilecto et fideli nostro Alexandre de Strathachin de le Knok, totam et integram dimidietatem terrarum de Keire cum per- tinenciis, jacentem in comitatu nostro de Stratherne infra vicecomitatum nostrum de Perth. Quequidem dimidietas . . . fuit Johannis de Strathachin de Keire here- ditarie ; et quam dimidietatem . . . idem Johannes ... in maims nostras apud Striueline, coram subscripts testibus, per suos procuratores ad hoc legittime con- stitutes, per suas literas patentes, per fustem et baculum . . . resignauit . . Tenendaui et habendam . . . dicto Alexandro de Strathachin et heredibus suis, de nobis heredibus et successoribus nostris in feodo et hereditate imperpetuum . . . Faciendo inde annuatim . . . nobis heredibus et successoribus nostris seruicia . . . nobis debita et consueta. In cuius rei testimonium presenti carte nostre magnum sigilluni nostrum apponi precepimus. Testibus reuerendo in Christo patre, Willelmo Episcopo Grlasguensi, Willelmo Domino Creichtoune nostro Cancellario et consanguineo predilecto, dilectis consanguineis nostris, Thoma Domino Erskin, Lau- rencio Domino Abernethy in Rothimay, Andrea Domino le Gray Magistro Hospicii nostri, Johanne Stewart de Dernle, Andrea Stewart milite, Alexandro de Name de Sandefurde, nostrorum compotorum Rotulatore, Magistris Johanne Arous Archidiacono Glasguensi, et Georgeo de Schoriswode Rectore de Cultir clerico nostro, apud Edin- burgh decimo tercio die mensis Aprilis, anno Domini millesimo quadringentesimo quinquagesimo secundo, et regni nostri decimo sexto.
Precept of Sasine by "Walter Hawden of Kelore, for infefting "William of Strivelin of Ratherne in the half of the lands of Kere, called Kere Hawden, 4th November 1455.
31 . Walterus Hawden de Kelore, honorabilibus viris, Roberto de Conynghame de Achin- bowy, Jacobo Lyddale et Adc Cosoure bui'gensi burgi de Striueline, balliuis meis in hac parte, Salutem. Quia concessi et alienaui hereditarie imperpetuuni, honorabili viro, Willelmo de Striueline de Ratherne, totam et integram dimidietatem terrarum de Kere, wlgariter vocatam Kere Hawden, cum pertinenciis, jacentium in comitatu de Stratherne, infra vicecomitatum de Perth, pro certa summa monete currentis Scocie, michi per predictum "Willelmum persoluta et deliberata in pecunia nmnerata. Vobis et vestrum cuilibet, coniunctim et diuisim, precipio et mando quatenus dicto Willebuo,
228 KEIR PAPERS. [1455.
vel suo certo actornato, presencium latori, saysinam hereditariam dicte dimidietatis terrarum antedictarum de Kere, euro pertinenciis, secundum tenorein carte sue quarn inde de me habet, visis presentibus tradatis indilate, saluo iure cuiuslibet, et hoc nullo modo omittatis. Ad quod faciendimi vobis et vestrurn alteri, coniunctim et diuisim plenariam committo potestatem. In cuius rei testimonium sigillum meum presentibus est appensum, apud burgum de Perth, quarto die mensis Nouembris, anno domini mil- lesimo quadringentesimo quinquagesiino quinto.
Seal : A Saltyre, with a Label of three points in chief.
Chaktee by Archibald of Kinbuk of that Hk to William of Striueline of Katherne, of the lands of Classingall, 11th April 1455.
32. Omnibus hanc cartam visuris vel audituris, Archebaldus de Kinbuk de eodem, eternam in Domino Salutem. Noueritis me, vtilitate et commodo meis vndique preuisis et pensatis, ac in mea magna vrgente necessitate, concessisse, vendidisse . . . honorabili viro Willelnio de Striueline de Ratherne, totam et integram mediam partem terrarum mearum de Classingall cum pertinenciis, jacentiiun in comitatu de Stratherne, infra vicecomitatum de Perth, pro certa summa monete currentis Scocie, michi per predictum Willelmuin premanibus persoluta et deliberata in pecunia numerata. Tenendam et habendam totam et integram mediam partem terrarum rnearum antedictarum de Class- ingall cum pertinentiis, exceptis et reseruatis terris de Schanraw et G-arnortone, cum pertinenciis, dicto Willelmo de Striueline, heredibus et assignatis suis, de supremo domino nostro Rege, tanquam comite de Stratherne, et heredibus ac successoribus suis, in feodo et hereditate imperpetuum . . . Faciendo inde annuatim . . . comiti de Strathern qui pro tempore fuerit seruicia debita et consueta ... In cuius rei testi- monium sigillum meum presenti carte mee est appensum, apud ciuitatem Dunblanensem, vndecimo die mensis Aprilis, anno domini millesimo quadringentesimo quinquagesimo quinto, Presentibus venerabilibus et prouidis viris, Dominis Johanne de Atheray, The- saurario Dunblanensi, Patricio Ogyll capellano, Dauid Broyse primogenito Johanuis Broyse de Clakmanane, Johanne Beton de Balfoure, et Alexandro de Striueline, armi- geris, cum multis aliis.
Seal : A Cheveron between three Bucks' heads cabossed.
1459.] CHARTERS, ETC. 229
Procurator!' of Resignation by Archibald of Kynbuc of that Ilk to King James II. of his Lands of Classingall, 1st October 1459.
S3. Pateat vniuersis per presentes, me Archebaldum de Kynbuc de eodem, fecisse, consti- tuisse et ordinasse, necnon et per presentes facere, constituere et ordinare, dilectos et confisos meos honorabiles videlicet viros, Laurencium Doniinum Oliphant, Jacobnm Schaw de Sawchy, Michaelem de Balfour de Burly, et Dauid de Crychtoun, meos veros legittimos et indubitatos procuratores, actores, factores et deputatos speciales, Dantem et concedentem dictis meis procuratoribus, et eorum cuilibet, coniunctim et diuisim, meaui plenariam et omnimodam potestatem ac mandatum speciale, ad resig- nandas pureque et simpliciter, in manibus excellentissimi principis supremique domini nostri, domini Jacobi secundi dei gratia Scotorum Regis illustrissimi, per fustem et baculum sursum reddendas, omnes et singulas terras mee partis terrarum de Classin- gall, de Schanraw et de Gernortoun, cum pertinenciis, michi iure hereditario pertinentes, jacentes in comitatu de Stretherne, infra vicecoinitatum de Perth. Et generaliter omnia et singula facienda, gerenda et exercenda, que in dicta resignacione et circa earn necessaria fuerint, seu eciam oportuna, et que egomet facerem seu facere possem, ac si in prernissis presens personaliter interessem : Ratum et gratum, ac firmum et stabile habentem et habiturum totum et quicquid dicti mei procuratores, vel eorum alter, con- iunctim aut diuisim, rite duxerint seu duxerit faciendum super ypotheca et obligacione omnium terrarum, possessionum et bonormn meorum, mobilium et immobilium, presen- cium et futurorum. Quas quidem terras mee partis de Classingall, de Schanraw, et de Gernorton cum pertinenciis, ego dictus Archebaldus, non vi aut metu ductus, nee errore lapsus, sed mea mera et spontanea voluntate, in manus dicti serenissimi principis, tenore presencium per fustem et baculum pure et simpliciter sursum reddo et resingno, ac totum jus et clameum que in dictis terris cum pertinenciis habeo vel habere potero, pro me et heredibus meis, quietmn clamo imperpetumn per presentes. Ita quod dictus excelleu- tissimus princeps supremusque dominus noster Rex de dictis terris cum pertinenciis omnimodo disponere poterit pro sue libito voluntatis. In cuius rei testimonium sigil- lum meum presentibus est appensum, apud ciuitatem Dunblanensem, primo die mensis Octobris, anno domini millesimo quadringentesimo quinquagesimo nono.
Charter by King James II. to William of Striueline of Ratherne, of the Lands of
Classingall, &c, 10th November 1459.
34. Jacobus Dei gracia Rex Scotorum, Omnibus probis hominibus totius terre sue clericis
et laicis salutem. Sciatis nos dedisse . . . dilecto et fideli nostro, Willelmo de
2g
230 KEIR PAPERS. [1460.
Striueling de Ratherne, omnes et singulas terras de Classingall, de Schanrow et de Gernortoun, cum pertinenciis, jacentes in comitatu nostro de Stratherne, infra vice- coniitatum nostrum de Perth. Quequidem terre cum pertinenciis fuerunt Archibaldi de Kynbuk hereditarie ; et quas terras idem Archibaldus ... in manus nostras apud Edinburgh per suos procuratores .... resignauit . . . Tenendas . . . predicto Willelmo de Striueling et heredibus suis, de nobis heredibus et suc- cessoribus nostris, in feodo et hereditate imperpetuum . . . Faciendo inde annuatim . . . seruicia de dictis terris debita et consueta. In cuius rei testimonium presenti carte nostre magnum sigillum nostrum apponi precepimus ; Testibus Reuerendis in Christo patribus Georgeo Episcopo Brechinensi, Cancellario nostro, Andrea Episcopo Glasguensi, Niniano Episcopo Candidicase, Dilectis consanguineis nostris Andrea Domino Avandale, Jacobo Domino Levingstoun magno camerario nostro, Patricio Domino le Grahame, et Magistro Johanne Arous Archidiacono Glasguensi nostri secreti sigilli custode, apud Edinburgh, decimo die mensis Nouembris, anno Domini Millesimo quadringentesimo quinquagesimo nono, et regni nostri vicesimo tercio.
Instrument of Sasine in favour of William of Striueline of Ratherne, Knight, of the lands of Classingall, 15th December 1460.
35. In Dei nomine Amen. Per hoc presens publicum instrumentum cunctis pateat euidenter, quod anno Domini Millesimo quadringentesimo sexagesimo, die vero mensis Decembris decimo quinto, et ejusdem diei hora vndecima uel eocirca ante merediem, Indictione nona, Pontificatus Sanctissimi in Christo patris et domini nostri, domini Pii diuina prouidentia Pape secundi, anno tercio: In mei notarii publici et testium subscriptorum presencia, honorabilis vir, Willelnius de Striueline de Ratherne miles, ad terras de Glassingall . . . personaliter accedens, breue de saysina capelle supremi domini nostri Regis, cuidem Malcolmo Sluthman, maro feodi dicti domini Regis balliatus de Stratherne, presentauit, tenorem qui sequitur continens. Jacobus Dei gratia Rex Scotorum, Senescallo nostro de Stratherne et deputatis suis Salutem. Quia concessimus hereditarie dilecto nostro Willelmo de Striueline militi, terras de Glassingall . . . jacentes infra balliam vestram, in manibus nostris resignatas per Archibaldum de Kynbuk, prout in carta desuper confecta plenius continetur ; Vobis precipimus et mandamus quatenus, dicto Willehno, vel suo certo actornato latori presencium, sasinam dictarum terrarum cum pertinenciis, secundum tenorem dicte carte quam inde habet, iuste habere faciatis, et sine dilatione, et hoc nullo modo omittatis. Teste meipso apud Edinbiu-gh, decimo octauo die mensis Nouembris, anno regni nostri
1457.] CHARTERS, ETC. 231
primo. Quo breue recepto, aperto et perlecto, petiit idem Willelnras saysinam dicta- rum terrarum de Glassingall . . . secundum tenorem dicti breuis per dictum marum sibi tradi, dictus vero marus mandato desuper a Senescallo de Stratherne literatorie sibi tradito inibi oneroso et perlecto, ad prmcipale messuagium ipsarum terrarum, saysinam hereditariam earundem, per terre et lapidis traditionem ut est moris, dicto Willelmo, secundum tenorem carte regie desuper sibi confecte, tradidit et donauit. Jure cniuslibet saluo. Super quibus omnibus et singulis dictus Willebnus a me notario publico subscripto sibi publicum fieri petiit instrumentum seu publica instrumenta. Presentibus venerabilibus et discretis viris, Magistro Johanne Cristini Cancellario et Ofiiciali Dunblanensi, Domino Luea Arnote Capellano, Alexandra Betoune, Dauid Arnote, et Waltero de Kinkell, testibus cum multis aliis ad premissa vocatis specialiter et rogatis.
Et ego Johannes de Atheray, Thesaurarius Dunblanensis publicus auctoritate imperiali Notarius. Predicte saysine, etc. Johannes de Atheray.
G-rant by John Stewart of Dernle, Lord of that Hk, to James Stewart of Albyne, of the lands of Ballindorane, 10th March 1457.
36. Be it kende til all men be thir present letteris, me Johne Stewart of Dernle, Lord of that Bk, to haue giffin and grantit, and be thir my present letteris giffis and grantis to my weilebelouit cosing, James Stewart of Albyne, the natu- rale sone vmquhile of James Stewart, Schir Mordacht Stewartis sone, vmquhile Erie of Fiff and of Menteith, the tane half of Ballindorane, with the pertinens, lyand within the erldome of the Lewenax, and within the schirefdome of Striueling. Halding and to be hade to the saide Jamys, and till his ayris of his body lauchfulli gottyne, of me and myn ayris and successouris, the forsaide lande, in fee and heretage, be all richt nierkis and diuisis, in buskis, planys, muris, and marrais, in wayis, roddis, in wateris and in stankis, in medois, jiastouris, and lesouris, in myllis, myltouris, in fisching, foulyng, halking, and huntyng, in peting, turwing, and eoling, in bludwitis, merchetis, and herzeldis, with all and sindi'y fredomys, comoditeis, and aisiamentis, with thare pertinens, alswele nemmyt as vnnemmyt, als wele vndir the erde as above, wyth fre entray and passage to the saide landis, sa frely, quytli, honerabli, wele, and in pese, as I or my predecessouris the fornemmyt landis brokit of befor tyme ; with the preuilegis and fredome contenit in my chartir of the landis of Baldorane ; he geifande thare of the forsaide Jameis and his ayris, to me and to myn ayris, three
232 KEIR PAPERS. [1464.
suttis at thri lieide courtis of the zere alanerly, for all vthir actionis or demande of the saide landis may be askit or requerit in tyin to cum : And attoure, giff it happinnis, as Gode forebeide, that the fornenimyt landis beis recouerit or optenyt fra the said Janiys or fra his airis, be law ciuill or canone, I the saide Johnne Sthewart and myn ayris sale mat to the saide Jamys and to his airis, ten markis worth within my landis off Auandale, quhar that he or his ayris thinkis best, outtakand my manys and chemys, with sik fredome and preivilegis as is beforsaide : And I the said Johnne and myn ayris sail warrande and defende for evir niair agane all dedly men or woman, the saide landis with thar pertinentis, to the saide Jaineis and till his ayris : In witnes of the quhilk thing I haue set to my sele, at Glasgw, the tend day of Marcke, the zer of our Lorde a thousand four hundreth fifti and sevin zeris, with thir witnes, Johne Stewart of Murelee, Schir Johnc Kobertone, chappellane, Henry Mychelsone, Eobyn of Inchenyn, and Arthour Robertsone, and Matho Stewart of Castiltone, and Johne Stewart of Albany, son to the said Jamys, with Schir Johnne of Setoune, and mony vthir.
Charter of Confirmation by King James III., dated 12th January 1465, confirming a Charter by John Lord Dernlee to James Stewart of Albany, of the east half of Baldorrane, dated 7th January 1464.
37. Jacobus, dei gracia Res Scotorum, Omnibus probis koniinibus totius terre sue clericis et laicis, Salutem : Sciatis nos quandam cartam dilecti consanguinei nostri, Johannis Domini Dernlee, factam et concessam consanguineo nostro, Jacobo Stewart de Albany, de tota et integra orientali dimidietate terraruni de Baldorane cum pertinenciis, iacen- tium in comitatu de Leuenax, infra vicecomitatum nostrum de Striueling, de mandato nostro visam, lectam, inspectam, et diligenter examinatam, sanam, integram, non rasam, non cancellatam, nee in aliqua sui parte suspectam, ad j>lenuni intellexisse sub hac forma : Omnibus hanc cartam visuris vel audituris, Johannes Stewart Dominus de Dernle, eternam in Domino salutem : Noueritis me dedisse, concessisse, et hac presenti carta mea confirmasse dilecto consanguineo meo, Jacobo Stewart de Albany, filio naturali quondam Jacobi Stewart, filii Domini Murdaci Stewart, quondam Ducis Albanie, Comitis de Fiff et de Menteith, pro suo seruicio michi impenso et impendendo, totam et integram mediam partem orientalem omnium terrarum mearum de Baldorane cum pertinenciis, jacentium in comitatu de Leuenax, infra vicecomitatum de Striueline : Tenendam et habendam . . . dicto Jacobo, et heredibus suis de corpore suo legittime procreatis seu procreandis, de me et heredibus meis, in feodo et hercditate
1464.] CHARTERS, ETC. 233
iniperpetuum . . . Reddendo hide annuatim, dictus Jacobus et keredes sui pre- dicti, niicki et keredibus meis, tres sectas ad tria plaeita capitalia mea de Baldorane tantiun. . . . Et si contingat, quod absit, dictam mediarn partem terrarum ante- dictarum cum pertinenciis, aliquo tempore futuro rigore juris, a dicto Jacobo aut kere- dibus suis, optineri et recuperari ; eo casu obligo me et keredes meos, dictum Jacobum et keredes suos infeodare in decern mercatis terrarmn de terris meis de Auandale, vbi dicto Jacobo melius et conueniencius videbitur, et keredibus suis ; saluis meis princi- pali messuagio et le maynis, cum eisdem priuilegiis et libertatibus, vt superius est expressum. ... In cuius rei testimoniiun presenti carte mee sigillum meum est appensum, apud burgmn de Striueline, septimo die niensis Januarii, anno Domini niil- lesimo quadringentesimo sexagesimo quarto : Hiis testibus, Andrea Domino Avandale, Cancellario Scocie, Magistro G-eorgeo de Abernetky, Preposito Ecclesie Collegiate de Dunbertane, Murdaco Stewart milite, Matkeo Stewart de Cassiltoune, Jokanne Maxwell de Netkirpollok, et Magistro Andrea de Menteitk, cum multis aliis : Quani- quidem eartam, ac donacionem et concessionem in eadem contentas, in omnibus suis punctis et articulis, condicionibus et modis, ac circumstanciis suis quibuscunque, forma pariter et effectu, in omnibus et per omnia, approbanius, ratificamus, et pro nobis, kere- dibus et successoribus nostris, vt premissum est, pro perpetuo confirinamus : Saluis nobis keredibus et successoribus nostris, juribus et seruiciis de dictis tei*ris, ante pre- sentem confirmacionem, nobis debitis et consuetis : In cuius rei testimonium presenti carte nostre confirmacionis, magnum sigillum nostrum apponi precepimus : Testibus, reuerendo in Ckristo patre, Andrea Episcopo G-lasguensi ; dilectis consanguineis nostris, Andrea Domino Avandale, Cancellario nostro, Colino Comite de Ergile Domino Camp- bell, Magistri Hospicii nostri, Gilberto Domino Kennedy, Jokanne Domino Dernlee, Alexandro Boide de Drumcoll, Jokanne de Culqukone de eodem, nostrormn Compo- torum Rotulatore, militibus ; Magistris Dauid de G-utkre de Kincaldrum, Tkesaurario nostro, et Arckibaldo de Qukitelau, Arckidiacono Morauiensi, Secretario nostro ; apud Striueline, duodecimo die niensis Januarii, anno Domini millesimo quadringentesimo sexagesimo quinto ; et regni nostri sexto.
Instrument of Sastne in favour of James Stewarde of Albany of tke lands of Baldorane, 17tk January 1464.
38. In Nomine Domini, Amen : Per koe presens publicum Instrumentum cunctis pateat euidenter, quod anno ab Incarnacione Domini, secundum computacionem regni Scocie, millesimo ccec""' sexagesimo quarto, mensis vero Januarii die xvii, indictione xiii, pon-
234 KEIR PAPERS. [1464.
tificatus sanctissiini in Cliristo patris et doinini nostri, domini Pauli, diuina prouidencia pape secundi, anno primo : In mei notarii publici et testiuni subseriptormn presencia, personaliter constitutus prouidus vir, Willelmus Stewarde, filius naturalis Jacobi Stewarde de Albany, procurator et procuratorio nomine dicti Jacobi patris sui, de cuius procuracionis mandato et facilitate sufficiente mielii satis constabat legittiniis documentis, ad principale messuagium dimidietatis terrarum orientaliiun de Baldorane, iacentium in comitatu de Leuenax, et infra viceconritatumt de Striuelyne, accedens, et super solum eiusdem stans, quoddam breue de saysina nobilis et potentis domini, Johannis Stewarde, Domini de Dernle, produxit, et prouido viro, Domino Murdaco Stewarde de Albany militi, balliuo dicti Domini de Dernle ad infrascripta specialiter deputato, presentauit, ac michi notario publico exhibuit perlegendum ; cuius breue tenor sequitur, et est talis : Johannes Stewarde, Dominus de Dernle, dilecto consanguineo meo, Murdaco Stewarde militi, balliuo meo in hac parte, Salutem ; Quia concessi here- ditarie meo consanguineo predilecto, Jacobo Steward de Albany, filio naturali quondam Jacobi Stewarde, filii Domini Murdaci Stewarde, olim Ducis Albanie, et Comitis de Fyff et Menteth, totam et integram meam partem orientalem terrarum mearum de Baldorane, cum pertinenciis, jacentium in comitatu de Leuenax, et infra vicecomitatum de Striuelyne ; Vobis mando et precipio quatenus dicto Jacobo, uel suo certo actornato et procuratori latori presencium, saysinani bereditariam dicte medie partis orientalis terrarum antedictarum de Baldorane, cum pertinenciis, secundum tenorem carte mee dicto Jacobo, et heredibus suis desuper confecte, visis presentibus tradatis indilate, saluo iure cuiuslibet, nullo modo omittatis ; ad quod faciendum vobis tenore presencium plenariam committo potestatem ; In cuius rei testimoniirm sigillum memn presentibus est appensum, apud burgum de Striuelyne, vii° die mensis Januarii, anno Domini millesimo cccc'no sexagesimo quarto : Quo perlecto, et in wlgari exposito, prefatus Dominus Murdacus Steward miles, iuxta mandatum in eodem breue contentum, statum et saysinam bereditariam dicte dimidietatis terrarum orientalium de Baldorane, cum pertinenciis, prefato Willelmo Stewarde, procm-atorio nomine quo supra, videlicet, Jacobi Stewarde patris sui, secundum tenorem carte prefati Domini de Dernle desuper confecte, ac ibidem ostense, publicate, et lecte, per terre et lapidis tradicionem, ut moris est, tradidit et donauit cum effectu, eidem Jacobo Steward, heredibus suis et assignatis, pro perpetuo reniansuris ; saluo iure cuiuslibet : Super quibus omnibus et singulis, prefatus Willelmus Steward, procuratorio nomine prefati patris sui, a me notario publico infrascripto sibi fieri petiit publicum instrumentum : Acta erant hec apud ipsam terrain, hora quasi nouena ante meridiem, anno, mense, die, indictione, et pontificatu quibus supra : Presentibus ibidem prouido viro, Boberto de Kyncade de
1460.] CHARTERS, ETC. 235
Craglokkard, Domino Willelmo Capellano, comrnorante cum eodem ; Patricio, Dauid, et Roberto, filiis eiusdem Roberti de Kyncade, Roberto Petygrew, Willelmo de Glorate, Donaldo Blar, Avday Blar, Arthuro Roberti, Johanne Henrici, Roberti Armorar clerico, Patricio Armorar, Donaldo de Kyncade, Jacobo Lyone, Johanne Lyone, et Roberto filio Donaldi de Kyncade, cum multis aliis testibus ad premissa vocatis specialiter et rogatis.
Et ego Johannes Zong, presbiter Glasguensis diocesis, publicus auctoritate im- periali notarius : Premissis, etc. Johannes Zong.
Process of Dispensation in favor of Henry of Levyugstoun of Middilbenyng and Margaret of Parkle, 17th June 1460.
39. In Dei Nomine, Amen : Per hoc presens publicum Instrumentum cunctis pateat euidenter, quod anno ab Incarnacione eiusdem millesimo quadringentesimo sexagesimo, mensis vero Junii die decimaseptima, indictione octaua, pontificatus sanctissimi in Christo patris et domini nostri, domini Pii diuina prouidencia pape secundi, anno secundo : In venerabilis in Christo patris ac domini, Willelmi pernrissione diuina Prioris ecclesie cathedralis Sanctiandree, reuerendi in Clu'isto patris et domini, domini Jacobi Dei et apostolice sedis gracia Episcopi Sanctiandree in remotis agentis Vicarii Generalis, judicisque et executoris vnici ad infrascripta a sancta sede apostolica speci- aliter deputati ; meique notarii publici et testiuni infrascriptorum ad hoc specialiter vocatorum et rogatorum presenciis, personaliter constituti honorabilis vir, Henricus de Leuyngstoun de Middilbenyng laicus, et Mergareta de Parkle, coniuges Sanctiandree diocesis, quasdam literas reuerendissimi in Christo patris et domini, domini Philippi miseracione diuina tituli Sancti Laurencii in Lucina Presbiteri Cardinalis, sanctissimi domini nostri, domini Pii pape secundi, Penitenciarii Maioris ; in cera rubea alba impressa more Romane curie sigillatas, non viciatas, non cancellatas, sed omni prorsus vicio et suspicione carentes, dicto domino Priori judici humiliter presentarunt ; quas quidem literas predicti reuerendissimi patris, prefatus dominus Prior, judex ad infra- scripta, ea qua decuit reuerencia recepit, tenorem qui sequitur continentes : Venerabili in Christo patri Dei gracia Episcopo Sanctiandree, vel eius vicariis in spiritualibus, Philippus miseracione diuina tituli Sancti Laurencii in Lucina Presbiter Cardinalis, Salutem et sinceram in Domino caritatem : Ex parte Henrici de Leuingston laici et Mergarete de Parkle mulieris, coniugum vestre diocesis, nobis oblata peticio continebat, quod ipsi olim scientes se quarto consanguinitatis gradu inuicem fore coniunctos matri-
236 KEIE PAPERS. [1460.
monium inter se per verba de presenti publiee, iuxta morem patrie, de facto con- traxerunt, illudque carnali copula consumrnauerimt ; cum autem dicti coniuges in huiusmodi matrimonio remanere non possint, et si diuorciuni perpetuiun fieret inter eos grauia dissenciones et scandala exinde possent verisimiliter exoriri ; supplicari fecerunt humiliter dicti coniuges eis super hiis per sedem apostolicani de absolucionis debito beneficio et opportune dispensata gracia misericorditer prouideri ; Nos igitur cupientes ipsoruin coniugum aniinaruni prouideri saluti, et liuiusniodi scandala quantum cum Deo possumus obuiare, auctoritate domini pape, cuius penitenciarie curam gerimus, et de eius speciali mandato super hoc viue vocis oraculo nobis facto, circmnspectioni vestre committimus quatenus, si est ita ipsis prius ad tempus de quo vobis videbitur, ab inuicem separatis ipsos coniuges a generali excommunicacionis sentencia quam propter hoc incurrerunt, et huiusmodi incestus reatu absoluatis in forma ecclesie consueta, et iniuncta inde eorum cuilibet pro modo culpe penitencia salutari, et aliis que de jm'e fuerint iniungenda, quodque eorum superuiuens perpetuo absque spe coniugii re- maneat ; Demuin cum ipsis coniugibus quod impedimento consanguinitatis huiusmodi non obstante, matrimonium de nouo inter se libere contrahere, et in eo postquam con- tractum fuerit remanere licite valeatis misericorditer dispensetis ; dummodo dicta Mergareta propter hoc ab aliquo rapta non fuerit, prolem susceptam si qua sit et sus- cipiendam exinde legittimam deeernentes ; Datum Mantue, sub sigillo officii peni- tentiarie, iii nonas Augusti, pontificatus domini Pii pape secundi anno primo : Vener- abili in Christo patri gracia Dei Episcopo Sanctiandree, vel eius vicariis generalibus in spiritualibus, Philippus miseracione diuina tituli Sancti Laurencii in Lucina Pres- biter Cardinalis, Salutem et sinceram in Domino caritatem ; Ex parte Henrici de Leuyngstone laici, et Mergarete de Parkle mulieris, coniugum vestre diocesis, exhibita nobis peticio continebat, quod ipsi nuper quasdam literas autentica et solita forma cormnissionis vobis directas a sede apostolica obtinuerunt, continentes, quod non ob- stante quod quarto consanguinitatis gradu inuicem sunt coniuncti, possint matrimonium de nouo inter se libere contrahere, et in eo postquam contractum fuerit licite remanere dispensaretis cum eisdem ; Tamen ipsi timentes literas huiusmodi fore subrepticias et inualidas, quod vnus ipsoruin exponentium tercio alter vero quarto gradibus a stipite communi distabant, et quod alter ipsoruin distaret tercio in ipsis Uteris mencio aliqua facta non fuit, humiliter supplicari fecerunt eis in hac parte per eandem sedem aposto- licani misericorditer prouideri ; Nos igitur attendentes quod felicis recordacionis dominus Clemens papa sextus, quaslibet dispensaciones in casu simili ab eadem sede obtentas et obtinendas, omissione mencionis de distancia tercii gradus predicti a stipite non facte in dispensacionibus ipsis, nequaquam obstante validas et sufficientes
1460.] CHARTERS, ETC. 237
existere et robur plenarie firmitatis habere, auctoritate apostolica declarauit ; Aucto- ritate pape, cuius penitenciarie curani gerinius, vestre circumspectioni committimus quatenus, iuxta huiusmodi apostolicas declaraciones, predicte commissionis litteras suf- ficientes declaratis et validas perinde existere, ac si in eisdem de distaneia tercii gradus predicti mencio facta foret ; Datum Mantue, sub sigillo officii penitenciarie, nonas Augusti, pontificatus doniini Pii pape secundi anno prhno : Post quaruin quidem litera- rum apostolicarum presentacionem et recepcioneni per dictum dominmn priorem judi- cem, predicti Henricus et Mergareta in eisdem Uteris apostolicis prineipaliter nominati, prefatum dominum judiceni cum instancia requirebant quatenus ad execucionem dicta- rum literarum apostolicarum et contentorum in eisdem proeedere dignaretur, iuxta traditam et directam in eisdem sibi formam ; predictus vero Willebnus prior, vicarius et executor prefatus, volens tamquam obediencie Alius in huiusmodi negocio rite pro- eedere, super omnibus et singulis in eisdem Uteris apostolicis ad plenum informatus ; et quia ilia in dictis Uteris contenta comparuit esse et fuisse omnino vera : Idcirco, aucto- ritate dicti domini penitenciarii sibi in hac parte commissa, ipsos Henricum et Mer- garetam a generaU excommunicacionis sentencia, quam propter causam contentam in eisdem Uteris apostolicis et huiusmodi incestus reatum incurrerunt in forma ecclesie debita absoluit, et postea ipsos ab inuicem separauit ad tempus de quo sibi videbatur expediens, demiun cum ipsis Henrico et Mergareta quod, impedimenta consangui- nitatis huiusmodi non obstante, matrimonhun de nouo inter se contrahere libere, et in eo postquam contractual fuerit licite remanere, valeant misericorditer dispensauit, et tenore presencimn dispensat, constante sibi prius quod dicta Margareta propter hoc ab aliquo rapta non fuerit, prolem susceptam et suscipiendam exinde legittimam decer- nendo : Super quamquidem execucionem predictarum literarum apostoUcarum in omni- bus secundum formam et tenorem earundem ac omnibus et singulis supradictis, dicti Henricus et Mergareta a me notario publico infrascripto sibi fieri petierunt publicum seu pubUca, instrumentum seu instrumenta : Acta fuerunt hec infra burgum de Edin- burgh, in domo habitacionis dicti domini prioris judicis prenominati, anno, die mensis, indictione, et pontificatu suprascriptis : Presentibus ibidem venerabilibus viris, Magistro Johanne Balfoure, et Domino Roberto Mason, ecclesiarum cathedralium Sanetiandree et Abirdonensis Canonicis, et Johanne Foulis, testibus ad premissa vocatis specialiter et rogatis.
Et ego Dauid Kay, presbiter Sanetiandree diocesis, licenciatus in decretis, pub- licus auctoritate imperiali notarius : Premissis omnibus dum sic agerentur interfui, et presentes literas, sine presens publicum instrumentum, dicti domini
2h
238 KEIR PAPERS. [1461.
judicis prooessiira in se continentes, per alium fideliter scriptum, signo et nomine meis solitis signaui, rogatus in testimonium premissoruru. Dauid Kay.
Charter by John Duncansone, Burgess of Dunbertane, to Mr. George Abyrnethe, Provost of the Collegiate Church of Dunbertane, of an annualrent of 20 shillings from a tenement in Dunbertane, 6th November 1461.
40. Omnibus hano cartam visuris vel audituris, Johannes Duncansone, Burgensis de Dun- bertane, Salutem in Domino sempiternam : Sciatis me dedisse, ac titulo uendicionis tradidisse ac ipsaui vendicionem et tradicionem presenti scripto meo confirmasse, a me et heredibus meis, venerabili clerico, Magistro Ceorgio Abjrnethe, Preposito Ecclesie Collegiate Sancte Marie Virginis de Dunbertane, sibi pro toto tempore sue vite ; et post decessum predicti Magistri G-eorgii, Valtero Abyrnethe, filio carnali antedicti Magistri Georgii, et heredibus suis masculis de corpore suo legittime procreatis seu procrean- dis ; quo deficiente, Roberto Abyrnethe, filio carnali antedicti Magistri Georgii, et heredibus suis masculis de corpore suo legittime procreatis seu procreandis ; viginti solidos annui redditus de meo tenemento cum pertinenciis, jacente in burgo de Dun- bertane, infra terras olim Thome Lachtane ex parte australi, ex parte vna, et terras Roberti Scherar ex parte boriali, ex parte altera ; annuatim soluendos ad duos anni terminos, per equales porciones, videlicet, ad festum Penticostes, et festiun Sancti Martini in yeme ; ac totmn jus et clameum que in eisdem habeo, habui, seu quouis- modo habere potero in futurum ; pro certa sumnia pecunie vsualis monete regni Scocie, quam dictus Magister Georgius michi, in mea magna vrgente necessitate, persoluit ; de qua summa fateor me bene solutum et contentum : Quodquidem tenementum, ex legali conquestu meo, habui et possedi : Tenenda et habenda dicto Magistro Georgio, Val- tero, Roberto, et eorum heredibus legittimis masculis, quibus omnibus forte deficienti- bus, quod absit, propinquioribus heredibus predicti Magistri Georgii masculis de suo cognomine libere reuertenda quibuscunque ; quiete, plenarie, integre, bene, honorifice, et pacifice, cum omnibus commoditatibus, libertatibus, et asiamentis, ac iustis suis pertinenciis quibuscunque, sine reuocacione quacunque, in feodo et hereditate imper- petuum : Et ego prefatus Johannes Duncansone et heredes mei, predictum annuum redditum, ac jus et clameum, eidem predicto Magistro Georgio, quo deficiente, Valtero, quo deficiente, Roberto, et eorum heredibus masculis, contra omnes mortales varanti- zabimus, acquietabimus, et imperpetuum defendemus : In cuius rei testimonium sigil- lum meum presenti carte mee est appensum, sexto die mensis Nouembris, anno Domini
1466.] CHARTERS, ETC. 239
millesimo quadringentesimo sexagesimo primo ; presentibus, Georgeo Calbrath notario, Johanne Siluer, presbiteris, Alexandra Steyl, et Andrea Abernethe, cum multis aliis.
Instrument of Sasine in favour of William Streueling of Keyr, Knight, of the lands of Kennoquhy, 16th August 1466.
41. In Nomine Domini Amen. Per hoc presens publicum instrumentum cunctis pateat euidenter, quod anno Incarnationis Dominice millesimo quadringentesimo sexagesimo sexto, mensis vero Augusti die decimasexta, Indictione decima quarta, Pontificatus sanctissimi in Christo patris et domini, domini nostri Pauli diuina prouidentia pape secundi, anno secundo: In mei notarii public! et testium subscriptorum presentia personaliter constitutes honorabilis vir, Dorninus Willelmus Streueling de Keyr miles, super fundo terrarum de Kennoquliy, jacentium infra baroniam de Lesly et viceconii- tatmn de Fyf, et vnam literam balliatus honorablis viri Thome Chawmyr de Drum- lochy, in nianu sua tenens et michi notario pubhco subscripto tradidit j)eiiegendani ; cuius quidem litere tenor de verbo in verbum sequitur et est talis. Vniuersis pateat per presentes, me Thomam Chawmyr de Drumlochy fecisse, constituisse et ordinasse, ac per presentes facere, constituere et ordinare honorabiles viros, Johannem Beton de Balfour et Thomam Schethwme de eodem, balliuos meos conhmctun et diuisini irre- vocabiles, ad danduni, pro me et nomine meo tanquam domino superiori, saisanam sta- tum et possessionem hereditariam honorabili viro, Domino Willelmo Striueling de Keyr militi, de vno quartario terrarum de Kennoquhy cum pertinentiis, necnon de vna octaua parte earundem terrarum cum pertinentiis, jacentium in baronia de Lesly infra vice- comitatum de Fyf, secundum formam et tenorem suarum cartaruni desuper sibi heredi- bus suis et suis assignatis confectarum, ad quod faciendum dictis balliuis meis, coniunc- tim et diuisim, do et committo meam liberam et plenariam potestatem per presentes sine reuocatione duraturas. In cuius rei testimonium presentibus sigillum meum apposui, apud Pert, duodecimo die mensis Augusti, anno Domini millesimo quadringentesimo sexagesimo sexto, Testibus Siluestro Kettre de eodem, Willelmo Blayr de Ardblayr, Johanne Bettre de le Letheyl, et Johanne Mailwyng burgense de Dysert, cum multis aliis. Quaquideni litera sic perlecta, eandem prefatus Thomas de Schethwme balliuus prescriptus de manu mea recepit, et virtute eiusdem saisinam statum et possessionem pacificam, de omnibus et singulis predictis terris cum pertinentiis, predieto Domino Willehno et heredibus suis et suis assignatis, per terre et lapidis traditionem, ut moris est, secundum tenorem cartarmn desuper sibi confectarum, realiter contulit, ac dictum Dominum Willelmum in realem actualem et corporalem possessionem predictarum
240 KEIR PAPERS. [1472.
terrarum cum omnibus et singulis suis pertinentiis realiter introduxit et inuestiuit ; et insuper idem Dominus Willelmus miles sigillum prefati Thome de Schethwme balliui predict! huie publico instnunento appendi cum instantia procurauit. De et super quibus omnibus et singulis ipse Dominus Willelmus a me notario publico subscripto sibi fieri petiit vnum uel plura, publicum seu publica, instrumentum seu instrumenta. Acta erant hec apud capitale messuagiiun predictarum terrarum de Kennoquhy, bora nouena ante meridiem uel eocirca, sub anno, die, mense, indictione et pontificatu quibus supra. Presentibus ibidem honorabilibus et discretis viris, Willelmo de Strathanry de eodem, Willelmo eius filio et apparente herede, Johanne Beton, Alexandro Scbethum, Dauid Arnot, Ricardo Beton, armigeris, Domino Jobanne Lauson presbitero, Fynlaio Bryson, Johanne Forly, Johanne Kay, cum diuersis aliis testibus ad premissa vocatis specialiter et rogatis.
Et ego Greorgeus Monypenny artium magister, clericus Sanctiandree diocesis publicus autoritate imperiali notariusque. Premissis, etc.
Instrument of Sasine in favour of William Striueling of the Keyr, of the lands
of Kennoquhy, 9th May 1472.
42. In Dei Nomine Amen. Per hoc presens publicum Instrumentum cunctis pateat euidenter, quod anno Incarnationis Dominice millesimo quadringentesimo septuagesi- mo secundo, mensis vero Maii die nona, Indictione quinta, Pontificates sanctissimi in Christo patris et domini nostri, domini Sixti diuina prouidentia pape quarti, anno primo: In mei notarii publici et testium subscriptorum presentia personaliter constitutus dis- cretus vir Johannes Chalmer, quandam literam bailie prouidi viri Thome Chalmer de Drumloquhy, in papiro scriptam, sigillo suo sigillatam in rubia sera, vt mini et testibus subscripts satis luculenter const abat, tradidit perlegendam. Post lecturam dicte litere prefatus Johannes Chalmer, balliuus in hac parte, saisinam et possessionem hereditariam de quinque octauis partibus terrarum de Kennoquhy jacentium infra vicecomitatum de FiiF cum pertinentiis, honorabili viro, Johanni Beton de Balfour, actornato Willelmi Striueling de le Keyr, secundum tenorem carte desuper confecte, ac ipsum Johannem actornatum, nomine quo supra, in actualem, realeni et corporalem possessionem dicta- rum terrarum cum pertinentiis, induxit et vestiuit, ac per traditionem terre et lapidis ut moris est, contulit et donauit. De et super quibus omnibus et singulis supradictis prefatus Johannes Beton a me notario publico subscripto sibi fieri petiit presens pub- licum instrumentum. Acta erant hec apud capitale messuagiiun dictarum terrarum, hora decima vel eocirca ante meridiem, sub anno, mense, die, indictione et pontificatu
1473.] CHARTERS, ETC. 241
quibus supra. Presentibus prouidis et discretis viris, videlicet, Thonia Schethuni de eodem, Andrea Schethuni, Roberto Schethuni, Dominis Willelmo Maluil, Willelino Mustart, et Johamie Goiuday capellanis, Ricardo Beton et Tliorua Clerk, cum diuersis aliis testibus ad premissa vocatis specialiter et rogatis.
Et ego Dauid Vriclit, clericus Sanctiandree diocesis publicus auctoritatibus mi- periali et regali notarius. Premissis, etc.
Tack by William Streueling of the Keyre to John Betone of Balfour, of the lands of
Kennoquhy, 15th July 1473.
43. Be it kende tyle ale men be thir present letteris, me Wilzam Streueling of the Keyre, tyle hawe set and to mayle lattyn, and be thir my present letteris settis and to mayle lattis, to my luwyt cosinge Johne Betone of Balfour, his ayris and assignais, thre awchtane partis of the landis of Kennoquhy, Hand within the barony of Lesly on Lewyn and in the schirefdome of Fiff, quhilkis thre awchane partis the said Johne has of me in malyn befor the dat of thir letteris, and tua achane partis of the landis of Kennoquhy forsaid, for al the zeris dayis and termys of nyntene zeris ; the entre of the forsaid Johne his ayris or assignais to the thre awchtane partis of landis forsaid and pertinentis, begynning at the fest of Witsonday precedand the dat of thir letteris, and the entre of the forsaid Johne his ayris or assignais in the tothir twa awchtane partis begynning at the fest of Witsonday in zer of God a thousand fowrhundreth sevynte and fywe zeris, and sonar gif the said tua achtane partis sale happyn to cum in the handis of me the said Wilzam, and sua furtht termly and zerly tyle that nyntene zeris be halaly and fullaly completyt and furtht worun togidder, less than the saidis landis ware or that ony lachful caus lat the said Johne his ayris or assignais in the laboring of the said landis, and gif sua happynis the said Johne his ayris or assignais sale hawe fre regres in the said landis quhen thai cum agan in the handis of me the said Wilzam my ayris or assignais tyle the hale nyntene zeris be completyt and furtht worun. The forsaid Johne his ayris or assignais payand zerly to me my ayris or assignais, for the forsaid thre awchtane partis of landis, ten merkis of the vsuale monee of Scotland, and for the forsaid tua awchtane partis, sex merkis aucht schilingis and elewyn pennyis of the said monee, at twa vsuale consuet termys in the zer, that is to say, Vitsonday and Merthnes in wynter be ewyn myd porcionis alanerly, for ale other do seruis, excep the penny male forsaid, with courtis, plantis, ischais of courtis, grassumis, herzeldis, mer- chetis, annagis, cariagis and cane, with ale othir profitis, commoditeis and rychtwise pertinentis that I the said Wilzam or myn ayris or assignais may wyse, bruk or ask
242 KEIE PAPERS. [1468.
of the forsaidis landis and pertinentis, be ony maner of way, for the zeris and tennys forsaid. The quhilk forsutht settyn and to mayle lattyn, I the said Wilzarn my ayris and assignais to the forsaid Johne his ayris and assignais sale warand, acquiet and aganys ale dedly defend, in maner and forme forsaid, ale fraud and gyle secludyt and away put. In the vitnes of the quhilk thing to thir my letteris my sele is appensit, at Kennoquhy, the fywtene day of the monetht of Julii, the zere of Grod a thousand fowl- hundretht sevynte and thre zeris.
Instrument of Sasine in favour of Sir William of Sterling of Ratherne, of the lands of Meikle and Little Kinbuck, 10th September 1468.
44. In Dei nomine Amen. Per hoe presens publicum Instrumentum cunctis pateat euidenter, quod anno incarnationis dominice millesimo quadiingentesimo sexagesimo octauo, die vero mensis Septembris dechno, Indietione prima, Pontificatus sanctissimi in Christo patris et domini nostri, domini Pauli diuina prouidentia pape secundi, anno quarto: In mei notarii publici et testium subscriptorum presencia personaliter con- stitutus honorabilis vir, dominus Willelmus de Sterling de Rathern miles, literas balliatus honorabilis viri, domini Willehni de Knollis militis, preeeptoris ordinis et religionis Johannis Jerosalami domus et preceptorie de Torfychine, eius vero Sigillo, rubea cera alba mrpressa, sigillatas, pergamino scriptas, sanas et integras, non rasas aut viciatas, ut apparuit, sed omni prorsus vicio et suspicione carentes, prouido viro Alexandro Spens, balliuo in hac parte dicti domini Willelmi de Knollis specialiter constituto, porrexit, exhibuit et presentauit, quarum quidem literarmn tenor de uerbo in uerbum sequitur et est talis. Willelmus de Knollis miles, Preceptor ordinis et religionis Johannis Jerosalami domus et preceptorie de Torfychine, Alexandro Spens et Alexandro filio suo primogenito, balliuis meis in hac parte specialiter constitutis, Salutem. Quia concessi et dedi hereditarie honorabili viro Willelmo de Stirling de Ratherne militi, totas et integras terras medie partis terrarum de Litil Kynbuk et Mekle Kynbuk cum pertinenciis, jacentes in regalitate de Stratherne, infra vicecomitatum de Perth ; que fuerunt Archibaldi de Kynbuk hereditarie, et quas dictus Archibaldus, per procuratores suos ad hoc legittime constitutos, in manibus meis pure et simpliciter, per fustem et baculum, sursum reddidit et resignauit : Vobis et vestrum alteri, coniunctim et diuisim, precipio et mando quatenus, dicto Willelmo de Striueline militi, aut suo certo actornato presencium latori, sasinam hereditariam et possessionem dictarum terrarum medie partis do Litil Kynbuk et Blekle Kynbuk cum pertinenciis, secundum tenorem carte quam inde de me habet, per terre et lapidis traditionem, vt moris est, visis presentibus,
1471.] CHARTERS, ETC. 243
tradatis indilate, saluo hire cuiuslibet, et hoc nullo modo omittatis. Ad quod facien- dum vobis et vestrum alteri, conhmcthu et diuishu, meam plenariam et onmhnodani do et conmritto potestatem preseneium per tenorem. Datum sub sigillo meo, apud burguni de Striueline, octauo die mensis Septembris, anno domini millesimo quadringentesimo sexageshno octauo. Quibusquidem Uteris sic exhibitis, receptis, perlectis et publicatis, dictus Alexander Spens balliuus in hac parte, sasinam hereditariani et possessionem dictarum terrarum medie partis de Mekle Kynbuk et Litil Kynbuk cum pertinenciis [earundem, predicto] Willekno de Striueline niiliti, per terre et lapidis traditionem vt moris est, secundum tenorem carte desuper sibi confecte tradidit et donauit. Saluo iure cuiuslibet. Super quibus omnibus et singulis predictus Willelnius de Striueline a me notario publico subscripto sibi f[ieri petiit hoc presens publicum instrumentum seu] publica instrumenta, vnum uel plura. Acta erant hec super solum dictarum terrarum, apud capitale messuagium earundem sub anno, mense,
die, indictione, et pontificatu quibus supra : Presentibus ibidem prouidis viris, Jacobo de Johanne Drummond de Auchray, Alexandro de Striueline, Macolmo de Kynbuk, Johanne de Calender, Willehno Morisone, Thoma Wils[oun] Ruderfm'd, et Johanne Mekle Jhon, testibus cum multis aliis ad premissa vocatis specialiter et rogatis.
Et ego Johannes Scot presbyter Dunblanensis diocesis, publicus auctoritate Im- periali notarius, &c. Johannes Scot.
Instrument of Sasine in favour of William Stirling, of the lands of Kere and
Classingall, 23rd May 1471.
45. In Dei Nomine, Amen : Per hoc presens publicum Instrumentum cunctis pateat euidenter, quod anno Incarnacionis Dominice, millesimo quadringentesmio septuagesimo primo, die vero mensis Maii xxiii0, Indictione quarta, Pontificatus sanctissimi in Christo patris et domini nostri, domini Pauli diuina prouidentia pape secundi, anno septimo : In mei notarii publici, et testium subscriptorum presencia, personaliter constitutus prouidus vir, Walterus de Kinkell, officiarius deputatus in hac parte nobilis viri, Willehni Mm-reff de Tulibardin militis, Senescalli de Stratherne, literas precepti et mandati dicti Senescalli secum in medium producens, de cuius potestate et mandato literatorie michi notario publico clare constabat, honorabili viro Johanni Stirling, certo actornato nobilis viri Willehni Stirling, filii et heredis quondam domini Willehni Stirling de Kere militis, per literas supremi domini nostri Regis, inibi productas et
244 KEIR PAPERS. [1472.
publieatas, legittime constituto ; sasinam hereditariani statum et possessionem terrarum de Kere et Classingall cum pertinenciis, jacentium in comitatu de Stratherne, infra vicecomitatum de Perth, per terre et lapidis traditionem ut moris est, tradidit et donauit, successiue, singulariter et singillatim ; secundum formam, eifeetum et tenorem precepti regii dicto Senescallo desuper directi, saluo jure cuiuslibet : Super quibus omnibus et singulis, dietus Johannes Stirling actornatus ut supra, nomine dicti Willelmi, a me notario publico, sibi fieri petiit publicum instrumentum seu publica instrumenta, vnum uel plura : Acta erant hec super solum dictarum terrarum, apud capitalia mes- suagia earundem, hora tercia uel eocirca post meridiem, sub anno, mense, die, indic- tione et pontificatu quibus supra : Presentibus ibidem prouidis viris, Georgio Stirling, Willelmo de Kinross, Michaele Arnot, Macolmo Stirling, Johanne Dawsone, Andrea Spens, domino Johanne Franche capellano, Jacobo Cristesone, Donaldo Millare, Finlayio M°Farlane, Willelmo Constable, Macolmo Sluthman, Johanne Morisone, Macolmo de Kinbuk, et Johanne Huchonsone, testibus cum multis aliis ad premissa vocatis specialiter et rogatis.
Et ego Thomas Ancolsone Dunblanensis diocesis, auctoritate imperiali notarius ; preniissis, etc. Thomas Ancolsone.
Charter by William Striueling of Keyr to the Chaplain at the Altar of the Virgin Mary in the Cathedral of Dunblane, of a toft and croft of his lands of Keyr, etc., 26th April 1472.
46. Vniuersis sancte matris ecclesie filiis presentem cartam visuris vel audituris, Will- elmus Striueling de Keyr, Salutem in Domino sempiternam. Quia per deuotas oraciones ac missarum celebraciones, vbi filius hominis pro peccatis nostris offertm-, pie creditm- peccata dimitti pergatoriique penas demolliri, et ab eisdem penis defunctorum animas frequencius liberari et in paradisi gaudiis collocari. Ideoque noueritis me, pro salute anime illustrissimi ac serenissimi Regis Jacobi Scotorimi, et pro salute reuerendi in Christo patris ac domini, domini Johannis Hepburne, Dei et apostolice sedis gracia Episcopi Dunblanensis, necnon pro salute animarum Luce Striuelyng, Domini Willelmi Striuelyng militis patris mei, Margarete eius sponse ac matris mee, et pro salute anime mee, vxorisque mee, et prolium nostrarum, antecessorum meorum, et pro animabus omnium fidelium defunctorum, dedisse concessisse et hac presenti carta mea confir- masse, Omnipotenti Deo, curie celesti, et beate ac gloriose virgini Marie, et altari eiusdem in naui ecclesie cathedralis Dunblanensis situato, ex parte boriali eiusdem, et
1472.] CHARTERS, ETC. 245
domino Johanne Franch capellano perpetuo dieti altaris et capellanie eiusdein, eiusque successoribus capellanis perpetuis ad dictum altare beate Marie uirginis Deo seruituris et seruientibus iniperpetuum, vnam toftam et eroftain de terris rneis de Keyr jacentes sub villa eiusdein, sicut iacent in longitudine et latitudine, quas Johannes Alisone inhabitat, necnon totas et integras terras de Schanracb et Wodland cum pertinenciis, de terris meis de Classingall, jacentes infra vicecomitatum de Perth, ac vnum annuum redditum quadraginta solidorum de terris de Kippanerayt, et molendinum niemn de Strowe cum pertinenciis, videlicet, cum tribus acris arabilibus ten-arum mearum de Strowe, et sex sommis animalium in pastura in inferiori parte terrarum de Strowe. Et si contingat dictum molendinum de Strowe cum pertinenciis in tantum peiorari aut in aliquo impedimento impedire tempore futuro, ita quod septem marce pro firma dicti molendini de Strowe cum pertinenciis non possunt annuatim, ad terminos Penthecostes et sancti Martini in yeme, per equales porciones, ad vsum et vtilitatem dicti domini Johannis Franch perpetui capellani capellanie et altaris predicte, et suorum successorum qui pro tempore fuerit seu fuerint, percipere et leuare ; volo, concedo et obligo me, pro me et heredibus meis, quod quantum de predicta summa septem marcarum non possit de predicto molendino cum pertinenciis leuare tantum, dictus capellanus qui pro tempore fuerit, leuabit et pereipiet, ae potestatem leuandi ad manus proprias habeat, amnios redditus de predictis terris meis de Strowe cum pertinenciis. Tenendas habendas et possidendas dictas toftam et croftam, terras de Schanracht et Wodland, annuum reddi- tum de Kippanerait, et molendinum de Strowe, cum pertinenciis. dicto altari beate Marie uirginis, et domino Johanni Franch capellano perpetuo dicti altaris inibi vt premittitur celebraturo, et suis successoribus capellanis perpetuis qui pro tempore fuerint, in puram et perpetuam elemosinam . . . Faciendo inde annuatim dictus dominus Johannes Franch capellanus perpetuus beate Marie uirginis et capellanie antedicte diuinum seruicium per se aut per ydoneum capellanum per ipsum dominum Johannem ad seruiendum dicto altari conductum. Ac eciam volo et concedo, pro me et heredibus meis, quod prefatus dominus Johannes Franch capellanus antedictus, libere gaudebit aliquo beneficio ecclesiastico siue caj>ellania, cum cura vel sine cura, pro toto tempore vite sue, mea capellania perpetua per me dicto domino Johanni Franch data et concessa non obstante. Volo eciam et ordino, quod successores vero dicti clomini Johannis Franch capellani perpetui dicti altaris et capellanie antedicte qui pro tempore fuerint, in ciuitate Dunblanense personaliter et continuam faciant residenciam et diuina cele- brant ad altare antedictum et tale seruicium faciant, sicut ceteri capellani fundati in naui ecclesie cathedralis Dunblanensis antedicte faciunt pro animabus supradictis. Et si abinde aliquis capellanus perpetuus dicti altaris qui pro tempore fuerit, dicto domino
2 i
246 KEIR PAPERS. [1472.
Johanne Franch capellano perpetuo dicti altaris excepto, negligens et vagus fuerit per duos menses, sine speciali licencia a me et heredibus meis petita et obtenta, volo quod dicta capellania beate Marie uirginis in manibus meis et heredum meorum dicte capel- lanie patrononun piu-e et simpliciter vacabit eo facto. Volo eciam et concedo, ac per presentes ordino, quod presentacio siue jus patronatus, quociens tociens dicta capellania vacauerit, semper ad me heredes meos et successores imperpetuum pertineat. Et si con- tingat me heredes meos vel successores nullum presentare capellanum ydoneum ad capellaniam predictam infra duos menses immediate sequentes post vacacionem dicte capellanie, tunc obligo me heredes meos et successores in summa viginti mercarum vsualis monete regni Scoeie fabrice ecclesie cathedralis Dunblanensis nomine pene persoluenda ; presentacio vero dicte capellanie tunc ad manus reuerendi in Christo patris Johannis Episcopi Dunblanensis antedicti, et successorum suorum qui pro tem- pore fuerint, deuoluitur ilia vice, et hoc tociens quociens negligentes erunt patroni in presentacione dicte capellanie ... In cuius rei testimonium sigillum meiun huic presenti carte fundacionis capellanie niee est appensum, apud Keyr, vicesimo sexto die mensis Aprilis, anno Domini millesimo quadringentesimo septuagesimo secundo. Pre- sentibus venerabilibus et ciremnspectis viris, Luca Striuelyng, Georgeo Striuelyng, Johanne Striuelyng, Dauid Arnot, domino Willekno Patonson capellano, Johanne Smyth, Finlaio McGowne, Macolmo Gierke, Willelmo Cochrane et Makbre, cum diuersis aliis.
Et nos Johannes Dei et apostolice sedis gracia Episcopus Dunblanensis predicte capellanie fundacionem et donacionem, ac omnia alia et singula iu presenti carta fundacionis contenta, in omnibus suis punctis, articulis, modis, condicionibus et circimistanciis, forma pariter et effectu, diuini cultus augmentacionis, zelo cari- tatis intuitu et egencimn curarum specialiter predictarum contemplacione salutis, pro nobis et succcssoribus nostris Dunblanensibus Episcopis, approbamus, ratifi- camus, ac dictum molendiniuu, annuos redditus et terras predictas, tenore presen- tium idem domino Johanni Franch capellano perpetuo dicti altaris et capellanie eiusdem et suis succcssoribus imperpetuum confirmamus, ac dictum dominmu Johannem Franch capellanum antedictum, pro se et suis succcssoribus, in realem, actualem, et corporalem possessionem dicti altaris et capellanie supradicte cum pertinenciis, in quantum ad nos pertinet, induximus, admissimus et inuestiuimus. In quorum approbacionis ratificacionis et imperpetuum confirmacionis testimo- nium, sigillum nostrum rotuudiun presentibus est appensum, apud Dun- blanam, decimo die mensis Mali, anno millesimo quadringentesimo septuagesimo secundo.
1472-73.] CHARTERS, ETC. 247
Instrument in favour of William Stirling, Lord of Cadar, Knight, anent the lands of Estir Cadar, 10th May 1472.
47. In Dei Nomine Amen. Per hoc presens publicum Instrumentum cunctis pateat euidenter, quod anno Incarnationis Dominice, millesimo quadringentesimo septuagesimo secundo, mensis vero Maii die decima, Indictione quinta, pontificatus sanctissimi in Christo patris et domini nostri, domini Sixti diuina prouidentia pape quarti, anno primo: In mei notarii publici et testium subscriptorum presentia personaliter constitutus, prouidus vir Vmfridus Stirling, Alius honorabilis viri, domini Willelmi Stirling domini de Cadar niilitis, et eiusdem Willelmi procurator in hac parte specialiter deputatus, de cuius procuratoris mandato et potestate michi notario publico subscripto, sufficient constabat documento, accessit ad presentiam honorabilis viri, Walteri Stewart de Morfy, et eundem Walterum, nomine procuratorio dicti Willelmi Stirling, premuniuit et onerauit, vt veniret ad ecclesiam parochialem burgi de Striucline, ad resignandum et sursum reddendum dicto Willelmo aut procuratori suo, duas partes terrarum de Estir Cadar, cum omni jure et clameo quod habet ad dictas terras, et ad recipiendam summam monete dicto Willelmo inde debitam, secundum formam literarum et enden- turarum desuper confectarum ; cui procuratori dictus Walterus responsum dedit quod venire noluit. Super quibus omnibus et singulis dictus procurator a me notario publico subscripto sibi fieri petiit vnum seu plura, publicum instrumentmn aut publica instru- menta : Acta fuerunt hec in publica via, infra [burgum] de Striueline, prope hospitium nobilis domine Elisabeth Stewart domine de Bigare, hora quasi vndecima ante meridiem, sub anno, die, mense, indictione et pontificatu quibus supra ; presentibus ibidem honora- bilibus et prouidis viris, Waltero de Buch[quhannan] filio et herede apparente Patricii de Buchquhannan de eodem, Willebno [ burgense] dicti burgi, domino Riehardo Smythsoun capellano, Johanne cum multis aliis testibus ad premissa [vocatis pariterque] rogatis.
Et ego Johannes de Spens, presbyter Dunblanensis diocesis publicus auctoritate Imperiali Notarius, dicte premuuitioni ceterisque omnibus premissis, etc. Johannes de Spens.
Lettek by King James III. that he would not revoke the erection of the Barony of Keire in favour of William of Striueling of the Keire, 28th January 1473.
48. James be the grace of God King of Scottis, To all and sindri oure liegis and subditis quhais knaulage thir oure lettrez salcum greting. Forsamekill as oure louet Wilzame
248 KEIR PAPERS. [1474.
of Striueling of the Keire has be his procuratouris lauchfull, and his lettrez patent vndir his sele, purely and simpilly resignit in oure handis all and sindry his landis of the Keire, Lupnoich, Classingawis, Dachlewane and Retherne Striueling, with thare per- tinentis, Hand in the Earledome of Stratherne within the shirefdome of Perthe, and his landis of Strowy with the pertinentis Hand within the saide shirefdome ; the quhilk all and sindry landis forsaide with thare pertinentis we have vnyt and annexit in ane baronry, to be callit perpetually the barony of the Keire, and gevin thame agane heretably in fre barony to the saide Wilzanie and his aeris, to be haldin of ws and our successouris for a conrmoun soyte in the shiref court of Perthe in tyme tocum : We grant be thir oure lettrez to the saide Wilzame and his aeris, that na reuocatioune to be made be ws sal extend nor strike apoune oure charter and donacioun made to him of the landis abone writin, or do ony preiudice or hurt thareto in tyme tocum, suppos it happin ws to mak generall reuocatioune hereftir. G-evin vnder oure Priue Sele at Edinburgh, the xxviii day of Januar, the zer of our Lorde a thousand fourehundreth sevinty and thre zeris, and of oure regnne the xiiii zer.
Litera pro Willelmo Striueling de Keire etc.
Letter of Reversion by William of Menteth, of the West Kers, to William of Striueline of the Kere, of the lands of the Halcoyge, 6th January 1474.
49. Be it kend til al men be thir present letteris, me Williame of Menteth of the Westkers, to be bundyn and oblist, and be thir my present letteris, and the faith in my body, lelely and treuly bindis and oblisis me, myne ayris and assignais, til ane honorabile man, Williame of Striueline of the Kere, his ayris and assignais, that nochtwithstanding that the said Williame of Striueline has grantit, sauld, alienat, here- tably and perpetualy confirmyt, to me my ayris and assignais, the acht rnarcis wourth of al and hale the landis of the Halcoyge with thar pertinence, lyand in the barony of the Kere, within the shireflFdome of Stratherne, and has bundyn and drawyn in warandice and sikyrness to me heretably tharof, acht marcis wourth of his landis of Strowy with thar pertinence, lyand in the north part of the samyn landis within the said shireffdome, and gifyne me heretably stat saysing and possessioune tharof, as his letteris and euidentis grantit and maid to me tharvpon mare fullely proportis ; Neuertheless hovsoun and quhat tyme it sal happyne the sayd Williame of Striueline his ayris or assignais, to pay and content to me myne ayris or assignais, the sovme of tva hundreth marcis of gud and vsual money of the kynrik of Scotland, in ane hale sovme and togidder, in money novmeryt and tauld, vpone ane day betuix the sone
1477.] CHARTERS, ETC. 249
rising and the ganging to of that ilk, vpone the hie altar of the paroch kyrk of Logy besyd Striuelyne ; I, the said Willianie of Menteth, my ayris or assignais, to the resat of the said sovme lauchfully warnyt be the said Williarne of Striueline, his ayris or assignais, on fourty days warning, at oure propir personis, or at oure mansionis or duelling placis that beis for the tyme, or at the parich kyrk of Alvay in the hie mess tyme, on ane solempnyt day, in oppyne audience befor the parichine thar being- present ; thane and incontinent eftir the resat of the said sovme, al and syndry the said landis of the Halcoyge, and the acht marcis wourth of the landis of Strowy with thar pertinence, to the said Williame of Striueline his ayris or assignaiss, fra me my ayris and assignais, sal returne agane and remane with thame in fee and heretage euerlesting : And the samyne tyme, I the said Williame of Menteth, myne ayris or assignais, purly and symply sal resigne and gifour, al and syndry the said landis of the Halcoyge, and the said acht marcis wourth of the landis of Strowy with thai- pertinence, to the said Williame of Striueline, his ayris and assignais, with stat saysing and possessioune, charteris, intrumentis, and vthir euidentis maid and gevyne to me thairvpon, sva that the said sovme being payt, as sayd is, nothir I, my ayris nor assignais sal nocht nor may nocht haue no rycht nor clame of rycht, petitor nor pos- sessor, in nor to the said landis with thar pertinence, bot fra thame ve be al vterly removit and excludyt be thir present letteris. And gif it sal happyne, as God forbeid, me, the said Williame of Menteth, my ayris or assignais fraudfully til absent vs fra the ressat of the sayd sovme, we being tharto lauchfully warnyt as sayd is, it sal be leful and lauchful to the sayd Williame of Striueline til haue heretably regres for him his ayris and assignais, til al and syndry the said landis with thar pertinence, ay and quhil I, my ayris and assignais ressaue the said sovme, it being proferyt til vs of the said warnyng, but fraud or gile. In witness of the quhilk thing, to thir my present letteris, I haue to hung and put my seil, at the Westkers, the sest day of the moneth of Januarii, the zer of God, ane thousand four hundreth sevynty and four zeris : befor thir witness, Frere Johone Broun Priour of the Freris of Striueline, Johone of Betoun of Balfour, Sehir James Darow and Schir Robert Redhuch chapellanis and public notaris, with diuers vtheris.
Resignation by Walter Stuart of Morphe and Patrick of Stereling of the two parts of the lands of Ester Cadar in the hands of William of Stereling Laird of Cadere, their Over Lord, 22nd April 1477.
50. Be it kend till al men be thir present Letteris, ws Walter Stuart of Morphe and
250 KEIR PAPERS. [1477.
Patrike of Stereling, the sone winquhill of Gilbert of Stereling and Isabell Tripnay his spous, nocht throw strencht na drede lede, na throu errour slidding, bot of our awyn verray fre and wilfull will, our profyt on ilke side befor seyne and considerit, wicht staff and bastone, purely and simpilly, to hawe resignit, and be thir our present letteris resingis, vpgeffis and ourgeffis, al and syndry the twa partis of the landis of Ester Cadar with the pertinens, liande in the baronry of Glasgow and the schiradome of Lanark, fra ws our airis and assignais, in the handis of a worchipful man, Schir William of Stereling Larde of Cadar knycht, our ourlorde of the samyng landis with the pertinens, till hyme his airis and assignais perpetuabilly and irreuocabilly in fe and heretaige for euermar, with al and syndry richtis titil and clamis of richt, charteris, inquestis, statis, sesingis, propirteis, possessionis, evidentis, lattyn to borchtis, actis, decretis, instru- mentis, writtis, documentis and munimentis that we half hade or may haff for ws our airis and assignais be ony manner of way, now or in tyme to cum, in or to the saide landis with the pertinens as sade is ; swa that the saide Schir William his airis and assignais may frely and peciabilly dispoyne, joyss, brouk and manur the said landis with the pertinens quhatever thai be, without impediment questione or demande of ws our airis and assignais, or ony vthcr in our name ; Sua that we our airis and assignais be absoluit and excludit fra all richt, titil and clame of richt, propirte possessione, als weile petatory as possessory, of the saide landis with the pertinens, with the renunciatioun of the sammyne, without reuocatione, fraude, gyle, male ingine, or fruel exceptione, be ony maner of way as saide is for euermar. In the presens of reuerendis nobillis and mychty Lordis, Johne Bischop of Glasgow, William Bischop of Orkynnay, Andro Lord Awandaile Chansellar of Scotland, Colyne Erie of Argaile, Johne Erie of the Lenax, Robert Lorde Lile, Johne Lord Carlile, William Lord Creichtone, Alexander Scot Clerk of our souerane lordis Consaile, and Johne the Boos of Montgrenane, with otheris diuers. In witnes of the quhilk thing to thir our letteris of resignatione we haw hungyn our seellis, and for the mar sekerncs I the saide Waltyr, for me and the saide Patrike, becaus he cane noeht subscriwe, has subscriwit with my awyne hande and propir name, at Edinburgh, the twenty twa day of Aprile, the zer of Gode a thoussande four hundreth sewynty and sewyn zeris.
Obligation by Walter Stewart of Morphy to Sir William of Streling of Cadar,
Knight, 29th April 1477.
51. To all and sindry to imhais knawleige thir present letteris sal to cum, Walter Stewart of Morphy, greting in God euerlesting. Vittis zour vniuersite me, to haff granttit
1484] CHARTERS, ETC. 251
opynly and notourly maide knawyn and be thir present letteris afauldly sekirly and fauthfully, be the faitht and trewtht of my body, grantis, rnakis opyn and noterly knawyne, that I had nener stat, seissing no possessione of the twa partis of the landis of Ester Cadar wyth the pertinence, liande in the baronry of Glasgow, and the schira- dome of Lanark, be wmquhill Gilbert of Streling, Isabell Tripnay his spous, na be Patrik of Streling, sonne of the forsadis wniquhill Gilbert and Isabell, na be ony yther in thar name, na on thar behalff, nor zit be ony Yther persone or personys, lewande nor ded, in preue or in apert, stilly or loude. And attour, I the saide Walter byndis and oblisis me myne airis and assignais, be the fathtis and trewthis of our bodeis, sekerly and irreuocabilly, in the mast seker strat forme and styile of obligacione, to ane honorabill man, Schir William of Streling of Cadar knycht, his airis and assignais, that I the said Walter myne airis or assignais sal neuer mak clam, inquete, wex, perturb, distrouble nor mowe questione in the contrar, of the saide Schir William his airis or assignais, in or anentis the richt possessioun, brukyne, joysing or manuryng of the tua partis of the saide landis of Ester Cadar wyth the pertinens, in the law or by the law, in jugement or outwicht jugment, be ony maner of way in tynie to cum. Renunciande all richtis or clames of richt that I the saide Walter myne airis and assignais had, has, or may hawe in and to the said landis of the twa partis of Ester Cadar wyth the pertinens quhatsumeuer be ony maner of way in tyme to cum, all fraude, gile, cauillatione, dissait, maile ingine, and fruell exceptione all vterly excludit and away put, na remeide of law, canon, ciuyl, act, statut nor decret of parliament, nor general counsaile in the contrar ony maner of way to be schawing, proponit, allegit befor ony minister of law, spirituals or temporaile, now or in tyme to cum, without fraude or gile as said is. In witnes of the quhilk thing to thir my present letteris of obligacioune I haw hungyne my seele, and subscriwit with my awyne hande, at Edinburgh the twenty nyne day of the moneth of Aprile, the zer of Gode a thoussande four hundreith sewynty and sewyn zeris.
Seal : On a shield couche quarterly 1st and 4th the lion of Scotland within the double tressure surmounted with a Ribbon ; 2d and 3d a fess cheque : Sup- porters, two Lions.
Letter of Reversion by Matthew Forestar, Burgess of Striueline, to William of Striueline of the Kere, of the lands of Dachlewane, 27th August 1484.
52. Be it kend till all men be thir present letteris, me, Mathew Forestar, burges of Striueline, tilbe bundiu and oblist, and be thir my present letteris, and the faith
252 KEIR PAPERS. [1484.
in my body lelely and trewly bindis and oblisis me myne ayris and assignais, till ane honorable man, Williame of Striueline of the Kere, his ayris and assignais, that nocht- withstanding that the said Williame has sauld and analeit and perpetually heretably confirmyt, be chartir and possessioune, to me myne ayris and assignais, all and hale his landis of Dachlewyne with thair pertinence, lyand in the shireffdorne of Perth, as the chartir and possessioune maid and gevyn be him to me tharapon mare fullely proportis ; that quhat tyme and howsone it sail happin the said Williame of Striueling his ayris or assignais to pay and content to me, myne ayris or assignais, the sovrne of tw.a hundreth mercis of gude and vsuale money of the kinrik of Scotland, in ane hale sovnie and togiclder, in money numerat and tauld, on a day betuix the sone rysing and the ganging to of that ilk, within the paroch kirk of Striueling on the hie altar of the sammyne ; I the said Mathew myne ayris or assignais, be the said Williame his ayris or assignais to the rasate of the said sovnie lauchfully warnyt on twenty dais warnyng, at oure propir personis, or at oure duelling placis, or at oure paroch kirk on ane solemnyt day in the hie messtyme befoir the parochin thair beyng present, than and incontinent the said sovme beyng pait as said is ; all and hale the forsaidis landis of Dachlewyne with thair pertinence sal returne agane fra me, myne ayris and assignais to the said Williame his ayris and assignais, and remane with thame in fee and heretage euerlesting. And that ilk tyme I the said Mathew, myne ayris and assignais sail purely and simply resigne and geve oure fra vs, to the said Williame his ayris and assignais perpetually, all and hale the saidis landis with thair pertinence togidder with chartir, state saising and possessioune maid and gevin be the said Williame to me thairupon, swa that the said sovme beyng pait as said is, nothir I, the said Mathew, myne ayris nor assignais sail nocht nor may nocht haue na rycht nor titill of rycht, propirte nor possessioune petitor nor possessor, in nor to all and hale the said landis or ony pairt of thame with thair pertinence, bot we thairfra al vterly to be removit and excludyt be thir my present letteris, vnder the stratest and sikkerest stile and forme of obligatioune all fraud, gile, cauillatioune, exceptioune and evyll ingine removit and excludyt. In witnes of the quhilk thing, to thir my present letteris my sele is to hung, at the Abbay of Cambuskeneth, the twenty sevynt day of the moneth of August, the zere of God, ane thousand four hundredth achty and four zeris, befor thir witnes, Henry, be the permissione of God, Abbot of the said Abbay of Cambus- keneth, Leonart Abbircrommy, Henry Myrtoune, Richard Smethsone, chapellane and public notar, and Edward Spetale, with vthir diuers.
I486.] CHARTERS, ETC. 253
Letter of Reversion by Duncan Forester, Burgess of Striueline, to William of Striueling of the Kere, of the lauds of Dachlewin, 10th May 1486.
53. Be it kend till all men be thir present letteris, me Duncane Forester, burges of the burgh of Striueline, to be bundin and oblist, and be thir my present letteris and the faith in my body, lelely and treuly bindis and oblisis me myne ayris and assignais, ane or ma, till ane nobill man, Williame of Striueling of the Kere, his airis and assignais, ane or ma, that forsamekle as the saide Williame, has gevin, grantit, and heretabli perpetualy confermyt to me be charter and possessioune, all and sindri his landis of Dachlewin, with thair pertinence ; and in warandyce and securite tharof, all and hale his landis of the Auld Kere with thair pertinence, lyand within the schireffclome of Perth, as the charter euidentis and wryttis maid betuix vs tharupone mare fullely proportis ; nochtganestanding quhat tyme and howsone it sail happin the saide Williame, his ayris or assignais, to pay and content to me myne ayris or assignais, the sovme of twa hundreth merkis of gude and vsuale money of the kinrik of Scotland, in ane hale sovme and togiddir iu money to be numerat and tauld, one ane day betuix the sone rising and the ganging to of that ilk, within the paroch kirk of Striueling, on Sanct Andros Altare the Appostill within his lie of the sammyn, I the said Duncan myne airis or assignais ane or ma, to the said Williame of Striueling his airis or assignais ane or ma, to the ressate of the said sovme lachfully warnit on fourty dais warnyng, at oure propir pcrsonis, or at cure duelling placis, or within oure jjaroch kirk on ane solempnyt day, in the hie mess tyme in opin audience before the parochin thare beand present for the tyme, than and incontinent, the said sovme being pait as said is ; all and sindre the saidis landis of Dachlewin with thare pertinence, and in warandis tharof, all and hale the saidis landis of the Auld Kere with thair per- tinence sail returne agane fra me myne ayris and assignais, to the said Williame his ayris and assignais, and rernane with thame in fe and heretage euerlesting, And that ilk tyme, the said sovme being pait as said is, I the said Duncan, myne ayris or assignais ane or ma, sail purly and simply resigne and geve our fra vs perpetualy to the said Williame his ayris or assignais ane or ma, all and sindre the saidis landis of Dachlewin with thare pertinence, and in warrandys tharof, all and hale the saidis landis of the Auld Kere with thare pertinence, togidder with charter, state saysing and possessioune, and all vthir euidentis maid and gevin till vs apon the propirty and fee of the saidis landis with thare pertinence ; swa that the said sovme being pait as said is, nothir I, myne airis, nor assignais, sail nocht nor may nocht haue na richt nor titill of richt, propirte nor possessioune in or to the saidis landis with thare
2k
254 KEIR PAPERS. [1486.
pertinence, bot we tharfra all vtirly to be removit and excludyt be thir oure present letteris vndir the sikkerest stile and forme of obligatioime, all fraude, gile, cauillatioune, exceptioune and evill ingine, remouit and excludit. And gif it sail happin me the said Duncane, myne ayris or assignais, as God forbeid, fraudfully till absent vs fra the ressate of the said sovme, we beand lachfully warnit tharto as said is, it sal be lefull and lachfull to the said Williame of Striueling, his ayris or assignais ano or ma, till haue full regress to the saidis landis with thare pertinence, and heretabli to brok and joys thame. And I and myne airis, quhen it sail pies vs to ressaue the said sovme and frely to dispone tharupoun till oure vs and proffette, I the said Duncan, myne ayris or assignais, ane or ma, brukand and joysand the assedatioune of all and hale the saidis landis of Dachlewin with thare pertinence for the termes of thre zeris next and immediat folowand the day of the redemyng, lowsing and outquiting of the saidis landis with thare pertinence, for the male payand zerly of ten merkis of the vsuale money of Scotland, alanerly for the saidis termes. In witnes of the quhilk thing, to thir my present letteris I haue to hung my sele at Cambuskeneth, the tent day of the moneth of Maii, the zere of God, ane thousand four hundreth, achty and sex zeris, befor thir witnes, ane venerable fadir in Crist, Henry, be the permissione of God, Abbot of the said Abbay of Cambuskeneth, Johone of Abbir- crummy, Archibauld of Abircrummy, Leonard of Abbircrumniy, Andro Abbircrummy, Schir Dugale Cosour, chapellane, public notar, and James of Abbircrummy, with diuers vtheris.
Charter by King James III. to John Striueling, younger of Cragbernard, of the lands of Cragbernard, 29th May 1486.
51. Jacobus Dei gracia Rex Scotorum; Omnibus probis honiinibus totius terre sue, clericis et laicis, Salutem : Sciatis nos dedisse, concessisse, et hac presenti carta nostra confir- masse, dilecto familiari armigero nostro, Johanni Striueling, filio et apparenti heredi dilecti nostri, Johannis Striueling de Cragbernard, omnes et singulas terras de Crag- bernard, Balgrochquheris, Korfatrik, Leythhedis, et Balglass, cum pertinenciis, jacentes infra comitatum de Levenax, et vicecomitatmn nostrum de Striueling : Quequidem terre cum pertinenciis fuerunt dicti Johannis Striueling senioris hereditarie, et quas idem Johannes senior ... in manibus nostris, tanquam in manibus comitis de Levenax, apud Edinburgh, per fustem et baculum et suos procuratores . resignauit . . . Tenendas et habendas . . . dicto Johanni Striueling juniori et heredibus suis, de nobis et successoribus nostris, comitibus de Levenax, in feodo et
I486.] CHARTERS, ETC. 255
hereditate imperpetuum . . . Faciendo inde annuatiiu, dictus Johannes Striue- ling junior et heredes sui, nobis et successoribus nostris, comitibus de Levenax, jura et seruicia de dictis terris cum pertinenciis ante dictam resignacionem debita et consueta : Reseruato tamen libero tenemento omnium et singularum predictarum terrarum cum pertinenciis, dicto Johanni Striueling seniori, pro toto tempore vite sue tantum : In cuius rei testimonium presenti carte nostre magnum sigillum nostrum apponi prece- pimus : Testibus, reuerendissimo in Christo patre, Willelmo Arcbiepiscopo Sancti- anclree ; reuerendis in Christo patribus, Roberto Episcopo Grlasguensi, Georgio Epis- copo Dunkeldensi, Willelmo Episcopo Abirdonensi ; dilectis consanguineis nostris, Colino Comite de Ergile, Domino Campbell, et Lome, Cancellario nostro, Dauid Comite de Craufurde Domino Lindesay, Andrea Domino Avandale, Willelmo Domino Borth- wik, magistro hospicii nostri ; dilectis clericis nostris, magistris Dauid Levingstoune Rectore de Aire, nostri gecreti sigilli custode, Archibaldo Quhitlaw Archidiaeono Laudonie, secretario nostro, et domino Alexandro Soot, Rectore de Wigtoune, clerico nostrorum rotuloruni et registri : Apud Edinburgh, vicesimo nono die mensis Maii, anno Domini millesimo quadringentesinio octuagesimo sexto, et regni nostri vicesimo sexto.
Obligation by Jonet of Quhannene to infeft William Stewart of Baldorane in the lands of Ballifoule, 10th July 1486.
55. Be it kende till all menne be thir present letteris, me Jonet o Quhannene in my madin- hede, dochtir ande apperande ayir to Mungo of Quliannen of Stratheir, to be obleist and bundin, and be thir my present letteris lelily and trewlie bindis and oblessis me, tnyn ayris, executuris, and assignais, be the fatht in oure bodeis, till ane wourthie man, Wylzheme Stewart o Baldorane, his ayris executouris and assignais ; that I the said Jonet, myn ayris or assignais, sell lelyle and trewly, but fraud or gill or fruolus excep- tione, ordolay rais follow and persew oure souerane lorde the kynggis brewis for my lauchfull or tharis entres sesing or possessione to be hede ande optenyt in all and halle oure landis offt Strathir, witht thare pertinens, Hand in the erldome of Stratherne, within the schirefdome of Pertht ; and incontinent efter that, I the said Jonet, myne ayris or assignais, or owre attournais, optenis and gettis lauchfull stait, sesing, entres, and possession in the said landis, with thar pertinens, I or thai sail entyre and lauch- foully infeyft be charter and sesing, wndir my sail or tharis, the said Wylzhame, his ayris or assignais abwne writin, in the foure markis wourth of land of auld extent of Ballifoule, with thar pertinens, within audit dais at the farest next efter followand the
256 KEIE PAPERS. [1486.
day that I myn ayris or assignais beis lauchfullie enterit in the saidis landis ; to be haldin and hede the saidis four rnarkis wortht of land, witkt thar pertinens, to the said Wilzhame, his ayris or assignais for said, of me myn aris or assignais, in fe and heritage for ewer maire, with all prophetis court and plaint, in fre blanchferme, for ane braide arowe at Mydsymyr gif it be askit allanyrlie, for all hudir seruice, with claus of waryndeis in lauchfull and sykyr form of an charter ; the quhylk I bind and oblys me myn aris of lyn and taylzhe, letterill, colletterelle, and assignais, myn and thare landis, rentis, possessions, and gudis, muwabill and onmawabill, had and to be had, to the said Wylzheme and his ayris executouris and assignais, in the sekerrest forme and best stylle of obligacione that can be deveset in forma speculatoris, all fraud, cawillacione, gill, and dissait awapwt : And gif it happinis me the said Jonet or myn aris as said is or assignais, tyll enaillie be selling wedsetting or for mailleng, ony of my foir said landis of Stratheir, with thar pertinens, or thars, I obleis me, myn ayris, thain, thar ayris and owr assignais, in the stille of obligacion abown writin, to prophir and gif thaim to the said Wylzheme and his ayris or assignais befoir ony wdoris, thai giifand tharefore ressonabylie but inconueniens as huderis wyll : And gif it happinnys, as God for beid it do, me the said Jonet, or myn aris of lyn or tailzhe, letterill, or colletterile, or owr assignais, to faylzhe or be obstant in the fowfylling and completing of the thingis and condicionis abown writtin, that is to say, in the giffeing of a gud and sufficiande chartyr of fe and heritagis, and a cessing thar apone, of the foir said landis with thar pertinens, to the said Wylzheme, and his ayris or assignais forsaidis ; or gif ewer it happinnis me, or myn aris or myn assignais, as said is of befoir, to wex inquiet or dystrobyll the said Wylzhem and his ayris or assignais foir saidis, in the brwking ande josing of the foir said landis, be brewis pledappill or wdir wayis efter thare entres in the said landis, ■ I binde and oblyss me and myn ayris, tham and thair ayris and thar assignais ore executouris as saide is of befoir, my landis and thar landis, and owr giddis mouabill and onmwuabill quhat siun ewer, to the said Wylzheme, and his ayris executouris and assignis, in the sowme of twa hundretht rnarkis of husualle mony of Scotlande, to be pait within xv dais to the said Wylzhem, or his ayris executouris or assignais, efter the broking and nonfulling of the said thingis and condicionis a bowne writin, and efter the inquietation and wexin of hym or tham in the said landis with the pertinens, in the naym of costis, skathlis, dampnagis, and expensis, and to be rasset be the said Wylzhame, or his aris executouris or assignais, of me the said Jonet and my naris and assignais as is foir saide, myn and thair landis ande guddis mvuabill and onmvuabylle, to be puyndit thair foir, led and away hede, at thare awyn hande, but leif of ony jugis spiritualle or temporall, quhill thai be fullcly contenit and pait of
I486.] CHARTERS, ETC. 257
the sowin of twa hundretht markis of husualle invny of Scotlande, in the paryes kyrk of Bawquheder, on the he alter of the sainin, togedir and one a day, the quhylk day salbe within xv dais efter the knawlegis of the breking and nonfulling of the said eondicionis and apuntmentis as said is ; and I nor myn aris nor assignais newer to be harde in jugement, in priuy nor in pertht, still nor lowd, be ony maner or ordir of law, in the said mater or tweching the said landis with the pertinens, qukill the saide sovm be pait as said is : Ande likwis I bind and oblis me and myn ayris, myn and thair landis and gudis, in a hundretht markis to our said souerane lorde the king and his succes- souris, within fourthie dais nixt efter following the broking of the saide apoyntment, in nayme of payne ; and in ane vthir hundretht markis to the Byschope of Dunblane that sail happin to be for the tym, and to the kyrk werk of Dunblane, within the said fourthie dais, or ewere I or myn ayris be herd in jugment as said is ; na remede of law cannon or cywille, or actis of parliamentis, generalle consalis, statutis or ordinancis, maid or to be maid withstandand in the contrare quhatsumewer may be proponit ; neuer the les this present writ and bande to remane in all strentht ande effect of the sammyn : Ande heire attorn- gift it happinnis me to faylze, as God forbeit, in the lauchfull entering of the said Wylzheme or his ayris foir saidis in the said landis, within aucht days nixt eftir following my said interes in thame, I mak constitutis and ordanis be thir present, now as than and than as now, honorabill men, Archbalde Edmistoune, sone and apperant air tyll Wylzheme Edmistoune of Duntretht, James Edmistone his brothir, Jhone Campbell, sone to Schir Colin Cambell, Androw Stewart, ande Jkone of Striviling, and ilkane of thame, coniunctlie and seueralie, my werray lauchfull wndoutit and wnreuocabille procuratouris, actouris, factouris, and intromettouris, spe- cialie ; giffand and grantand, now as than and than as now, to my saidis procuratouris and to ilkane of thame, coniunctlie and seueralie, fulle pouer and speciale mandment ande purlie charge and simpli, to wp gywe and resigne the said four markes wortht of lande of Ballifoule, with thare pertinens, be staf and bastoune, in my owr lordis hande or his ayris ; haldand and for me and for myn ayris ferine and stabill wnreuocabilly for euir mair, quhatsumeuer my said procuratouris or ony of thame, coniunctly and seueralie, in making of the said resignatione ledis to be doin ; sa that the saidis landis beand resignit in the said owyr lordis handis or his ayris, it sail be lefulle to thame to dispone thareapon at thare wil fre : In witnes of the quhilk thing to be kepit but frauyd or gille, I hawe hung to my awyn selle to this present obligatione, at the Ille off Bragane, the x dai off Julii, the zheir of Gode ane thousand four hundretht four score and vi zheris ; and for the mayr werificatione and knawlegis that my selle is les knawyn, I hawe procuryt with instans the selle of ane rycht honorabyll and wourschip-
258 KEIR PAPERS. [1487.
full man, Dunkan Cambell of Glenorquhay, haffande the strentht of nryn awyn propir sell, to be hungyn to this present obligatione witht my awyn propir sell, dai, zeir, and place a bowff writin, be foir thir witnes, Jhone Cambell sone to Sehir Collyn Cambell knycht, Jhone Cambell, Ewyn Cambell sone, Fyndlaw Mak nab, sone and apperand ayr to Patrik Maknab Lard of that Hk, Androw Stewart, Jhone Duncansone, Jorge Neylsone, Wicar of Ballquheder, Fyndlaw Mordochsone, Mair of Ballquheder, and Nieoll Neylsone, with huderis sindry.
Retotjr of William Striueling, as Heir of William Striueling of Cadder, his father, in the lands of Lettyr, 29th May 1487.
56. Hec inquisitio facta apud pretorium bnrgi de Striueling, vicesimo nono die mensis Maii, anno Domini millesimo quadringenteshno octuageshno septimo, coram honorabili Tiro Alexandro Cunyngahame de Polmais Cunyngahame, vicecomitis de Striueling deputato, per hos subscriptos, videlicet, Alexandruni Setoune de Tulibody, Johannem Striueling de Cragbarnard, Duncanum Forester de G-unnerschaw, Dauid Broiss de Kennet, Johannem Striueling juniorem, filimn et heredem apparentem dicti Johannis Striueling, Jacobum Lekky de eodem, Johannem Murray, Adam Bulle, Gylbertum Brady, Thomam Cragingelt de eodem, Johannem Watsoune, Johannem Bulle, et Jacobum Graye. Qui jurati dicunt, quod quondam Willelmus Striueling de Cader, miles, pater Willelmi Striueling latoris presentium, obiit ultimo vestitus et saysitus vt de feodo, ad pacem et fidem supremi domini nostri regis, de totis et integris terris de Lettyi' cum pertinentiis, jacentibus in comitatu de Leuenax, infra vicecomitatum de Striueling : Et quod dictus Willelmus est legitimus et propinquior heres eiusdem quondam Willelmi patris sui de dictis terris cum pertinentiis : Et quod est legitime etatis : Et quod dicte terre cum pertinentiis valent nunc per annum viginti mercas, et tempore pacis valuerunt decern libras : Et quod tenentur in capite de supremo domino nostro Rege per servitium warde et reliuii ; reddendo inde annuathn, communem sectam ad curias domini nostri Regis comitatus de Leuenax, nomine warde et reliuii : Et quod sunt in manibus dicti domini nostri Regis legitime per seipsum, per mortem dicti quondam Willelmi, ob defectum veri heredis jus suum hucusque minime prosequentis, a tempore trium ebdomidarum vel eocirca. In cujus inquisitionis testimonium sigillum dicti Alexandri Cunyngahame vicecomitis de Striueling deputati, et sigilla quorundam qui dicte inquisitioni fiende intererant, brevi incluso, presentibus sunt apposita, anno, die, mense et loco supradictis.
1487.] CHAKTERS, ETC. 259
Instrument of Sasixe in favour of William Sterulyng of the lands of Cadder,
31st May 1487.
57. In Dei nomine Amen. Per hoc presens publicum instrumentmn cunctis pateat euidenter et sit notuin, quod anno Incarnacionis Dominiee millesimo quadringentesimo octuagesimo septinio, die vero mensis Maii vltinio, Indictione quinta, Pontificatus sanc- tissimi domini nostri, domini Innooentii diuina prouidentia pape octaui, anno tercio : In nostrum notariorum publicorum et testium subscriptorum presencia, personaliter constitutus nobilis vir, Willelmus Sterulyng, fdius et heres quondam nobilis viri, domini Willelmi Sterulyng de Cadder militis, personaliter comparens apud turryni de Cadder. et ibidem quoddam preceptum saisine, sigillo officii venerabilium viroruni, magistrorum Martini Wane Cancellarii, Gilberti Keryk Archidiaconi, et Patricii Leiche Canonicorum ecclesie Grlasguensis, ac Vicariorum Generaliuni reuerendi in Christo patris, Eoberti Dei et apostolice sedis gracia Episcopi Glasguensis in remotis agentis, munitum et roboratum, nobili viro Patricio Blacader, ballivo baronie de Glasgu directum, presen- tauit, eundem humiliter requirens quatenus, secundum tenorem dicti breuis, statiun feodi saisinani hereditariam, necnon realem actualem et corporalem possessionem omnium et singulanvm terrarum de Cadder cum pertineneiis, prout jacent in longitudine et latitu- dine, sibi Willelmo realiter et cum effectu traderet, ut moris est in similibus : Quiquidem Patricius, balliuus ut supra, prefatum preceptum, ea qua decuit reuereneia, recepit et nobis notariis publicis subscriptis perlegendmn tradidit, cuius tenor de verbo ad verbum sequitur, et est talis : Martinus Wane Cancellarius, Gilbertus Kerik Archidiaconus ecclesie Glasguensis, et Patricias Leiche Canonicus ac Officialis eiusdem, Yicarii Ge- nerales reuerendi in Christo patris ac domini, Roberti Dei et apostolice sedis gracia Episcopi Glasguensis in remotis agentis, prouido viro Patricio Blacader dicti reuerendi patris balliuo seu eius deputatis, Salutem in Domino. Quia per inquisicionem de nian- dato nostro factam. et ad capellam eiusdem reuerendi patris retornatam, compertum extitit, quod quondam Willeknus Sterulyng de Cadder miles, pater Willelnii Sterulyng latoris presencium, obiit vltinio vestitus et saisitus vt de feodo, ad pacem et fidem supremi domini nostri Piegis, de omnibus et singulis terris de Cadder cum pertineneiis, jacentibus in baronia de Glasgw, et infra territorium eiusdem. Et quod dictus Willelmus est legittimus et propinquior heres ipsius quondam Willehni militis defuncti patris sui, de dictis terris de Cadder cum pertineneiis. Et quod est legittime etatis. Et quod prefate terre nun pertineneiis tenentm- in capite de ecclesia cathedi-aH Glasguensi, et domino Episcopo Glasguensi pro tempore esistente, per nioduni warde et reliuii. Vobis igitur precipimus et mandamus quatenus, dicto Willelmo. Tel suo actornato latori presencium,
260 KEIB PAPERK. [1487.
saisinam dictarum terrarum cum pertinenciis iuste fieri et deliberari faciatis, sine dilatione. Saluo iure cuiuslibet. Capientes securitatera quod idem Willelmus fideliter persoluet onera per eum debita post mortem dicti sui patris, ab ipsius defectu ins suum non prosequentis, et hoc nullo modo omittatis. In cuius rei testimonium sigillum officii nostri presentibus est affixum, apud ciuitatem Glasguensem, die penultimo mensis Maii, anno Domini M". cccc° lxxxvii'"?, &c. Quoquidem breue sic vt premittitur presentato, recepto, perlecto et intellecto, prefatus Patricius, Balliuus vt supra, volens obtemperare mandatis prefatorum vicariorum generalium, tanquam iusto racioni consono, statuni feodi saisinam hereditariam, necnon realem actualem et corporalem possessionem omnium et singularum terrarum de Cadder, infra baroniam de Glasgw, prout jacent in longitudine et latitudine, prefato Willelnio et heredibus suis, per terre et lapidis tradicionem vt moris est in similibus, realiter et cum effectu tradidit, contulit et assignauit, ac eundem Willelniuni in dictis terris ut premittitur iniposuit et inuestiuit. Tenendas et habendas dictas terras de Cadder cum pertinenciis, sibi Willelmo et heredibus suis, adeo libere, bene et in pace, in omnibus et per omnia, sicut dictus quondam Willelmus eius pater miles, vel aliquis predecessorum suorum, tenuit seu possedit, tenuerunt seu possederunt easdem. Reddendo inde prefatus Willelmus et heredes sui, ecclesie Glasguensi et Episcopo eiusdem pro tempore existenti, amnios redditus ac cetera onera incumbentia solita et consueta. Demum vero prefatus Willelmus quandam literam retornatus, vi- delicet le Retour, in pergamino scriptam, sub sigillis venerabilium virorum in dicta inquisitione interessencium, videlicet, Thome Stewart de Mynto pro se, sigillo dicti Thome procurato per Johannem Maxuell filium et apparentem heredem Johannis Maxwell de Nethirpolloc, Andree Ottyrburn pro se, Georgei Hugonis procurato per Johannem Schaw, sigillo dicti Georgei procurato per Thomam Ottyrburn, Patricii Culquhone pro se, sigillo dicti Andree Ottyrburne procui'ato per Robertiun Hugonis, sub ceris rubeis albis impressis, de terris prescripts, factam et sigillatam, inscribi in in- strumento prefate saisine, nos notarios subscriptos humiliter requisiuit, et cum instancia, cuius tenor sequitur in hec verba. Hec inquisitio capta fuit apud Glasgw in pretorio eiusdem, coram probo viro, Patricio Blacader, balliuo reuerendi in Christo patris et domini Roberti [Dei] et apostolice sedis gracia Episcopi Glasguensis, in hac parte specialiter constituto, penultimo die mensis Maii, anno Domini millesimo quadringen- tesimo octuagesimo septimo, per istos probos viros subscriptos, videlicet, Johannem Maxuell, filium et apparentem heredem Johannis Maxwell de Nethirpollok, Thomam Steward de Mynto, Allanum Steward de Schelzardis, Patricium Culquhoyne de Gleynne, Willelmum Schaw, Henricum Burell, Johannem Schaw, Andream Ottyi-burn, bur- genses et ciues de Glasgw, Johannem Symiesoun, Robertum Huchonsoun, Johannem
1487.] CHARTERS, ETC. 261
Petcarne, Jacobuin Bynnyng, Thomam Ottyrburn, Ricardum Lowdeane et Patricium Bard : Qui jurati dicunt, quod quondam Willelmus Sterulyng de Cadder miles, pater Willelmi latoris presencium, et modo presentis et istam inquisicionem cum instancia petentis, obiit vltimo vestitus et saisitus vt de feodo, ad pacem et fidem supremi domini nostri Regis, de omnibus et singulis terris de Cadder cum pertinenciis, jacentibus in dicta baronia de Glasgw, et infra territorium eiusdem. Et quod dictus Willelmus est legittimus et propinquior teres ipsius quondam Willelmi militis defuncti patris sui, de dictis terris de Cadder cum pertinenciis. Et quod est legittime etatis. Et quod dicte terre nunc valent per annum octuaginta quinque mercis monete nunc currentis, et tantum valuerunt in tempore pacis. Et quod tenentur in capite de ecclesia cathe- drali Glasguensi, et prefato domino Episcopo eiusdem pro tempore existente, per modum warde et reliuii ; reddendo inde annuatim, prefate ecclesie et domino eiusdem suisque successoribus, ad duos anni terminos, quatuor libras monete currentis pro tem- pore, videlicet, festum Penthecosten et Sancti Martini in yeme, per equales porciones, et tria secta capitalium curiarum in anno, cum aliis seruiciis solitis et consuetis. Et quod nunc existunt in manibus domini Episcopi Glasguensis, tanquam in manibus domini superioris earundum, ob mortem dicti Willelmi, quondam militis nunc de- functi, per sjmtiuni trium ebdomadarum, et trium dierum, nunc perfectarum, et propter defectum dicti heredis jus suum non prosequentis. In cuius rei testimonium sigilla quo- rundam qui dicte inquisitioni intererant, vna cum sigillo dicti Patricii balliui supradicti alternatim sunt appensa, anno, die, mense et loco prescripts. Et sic finit huiusmodi retornatus litera. Super quibus omnibus et singulis, prefatus Willelmus a nobis notariis publicis sibi fieri petiit, vnum et plura, publicum et publica, instrmnentum et instrumenta, et petiit cum instancia debita procurauit sigillum dicti Patricii, pro maiori emcacia et firmitate presentibus appendi, vna cum subscriptionibus subscriptorum notariorum. Acta erant hec super solum hujusmodi terrarum de Cadder, sub anno, die, mense, indic- tione, et pontificatu prescriptis. Presentibus ibidem venerabilibus et circumspectis viris, magistris et dominis, Michaele Flemyng Canonico Glasguensi. Johanne Chawmer, Thoma Bell capellano, Johanne Sterulyng de Cragbarnate, Allano Steward de Schelzardis, Andrea Stiruelyng, Willehno Stiruelyng, filiis dicti quondam Willelmi militis, Willelmo Flemyng, Roberto Jhonsoun, Johanne Robysoun, Roberto Flemyng, Roberto Wchtyr, Thoma Bayne, Willelmo Bard, testibus ad premissa vocatis et cum instancia debita requisitis &c.
Et ego Ricardus Gybsone, presbyter Glasguensis diocesis publicus imperialique regali auctoritatibus notarius. Quia etc.
2 L
262 keik papers. [1487-88.
Instrument of Sasine by Colin Campbell of Achinquhoye to William Stirlyng of Cadder, of the lands of Kirkmicliell Stirlyng, 31st December 1487.
58. In Dei nomine Amen. Per hoe presens publicum instrumental cunctis pateat euidenter, quod anno ab Incarnacione Domini millesimo quadringenteshno octuagesimo septimo, Indictione sexta, die vero vltimo mensis Decembris, Pontificatus sanctissimi in Christo patris et domini, domini nostri Innocencii, prouidentia diuina pape octaui anno quarto: In mei notarii publici et testium subscriptorum presencia, honorabilis vir Colinus Campbell de Achinquhoye, dominus superior terrarum de Kirkmichell Stirlyng, jacentium in vicecomitatu de Dunbertane, et infra comitatum de Lenax, personaliter accessit ad dictas terras de Kyrkmicbell Stirlyng, et ibidem idem Colinus Campbell, dominus superior dictarum terrarum, statum et sasinam hereditariam, necnon posses- sionem realem actualem et corporalem omnium et singularum terrarum predictariun de Kyrkmichell cum pertinenciis et Blarnarne, honorabili viro Villehno Stirlyng de Caddar, filio et heredi domini Villelmi Stirlyng de Caddar militis, secundum suum antiquum fundamentum et formam carte sue desuper confeete, tanquam vero filio et heredi legittimo dicti domini Villelmi Stirlyng de Cadder militis, et heredibus suis, per terre et lapidis tradicionem, ut moris est in talibus fieri, suis propriis manibus dedit, contulit, exhibuit, et deliberauit, saluo jure cuiuslibet. Super quibus omnibus et singulis, idem Villelmus Stirlyng a me notario publico subscripto sibi fieri petiit vnum seu plura, publicum seu publica, instrumental seu instrumenta. Acta erant hec super solum dictarum terrarum de Kirkmichell, apud principale niansuegiimi earundem, anno, die, mense, indictione, et pontificatu suprascriptis. Presentibus testibus ibidem, Magistro Vmfrido Stirlyng, Eoberto Danzelstoun, Donaldo Gilaspysone, Donaldo Howat, Andrea Martyn, Johanne Glenay, Patricio M'ilniwn, Duncano Mcilmwn, Valtero Glenay et Alexandro Spang, cum multis aliis testibus ad premissa vocatis pariter et rogatis.
Et ego Georgeus Galbrath presbyter Glasguensis diocesis publicus auctoritatibus imperiali et regali notarius &c.
Et ego G. de G.
Discharge by Colin Campbell of Auchinhowe to William of Strewiling of Cadar,
15th January 1488.
59. Be it kende till men be thir present letteris, me Colyne Campbell of Auchinhowe, till haue resauit be the handis of ane noble mane Vilzame off Strewiling off Cadar, the sowme off twenty pundis of gude and wsualle mone off Scotlande, for ane composicioun
1493.] CHARTERS, ETC. 263
made to me be the said Vilzame for the releffe off the landis of the Branzet, Ballinkeir, Kyrkmychell and Blarnarne, the quhilkis vas appoyntit concordit and endyt betuex vs be for honorable personis, that ar to say, Johne off Homiltovne off Bardowe, Johne off Strewiling sone and apperande air to Johne off Streviling off Cragbarnarde, Robert off Menteth and Robert Johnsone, with wtheris diuerss ; off the quhilk sowme off twenty pundis for the releffis of the landis forsaid, I halde me rycht veill content, assythit and fully pait, ande thair off the said Vilzame, his airis executouris and assignais, for me myne airis executouris and assignais, off the said sowme of twenty pundis quitclaims ande dischargis for now 'and euirmar be thir my present letteris : In vitness of the quhilk thingis, becaus I hade na seile of my ane in propir place present, I haff pro- curyt with instance the seill of ane honorable mane, Johne of Strewiling off Crag- barnarde, to be affixit to thir present letteris, at Cragbarnarde, the xv clay of Januar in the zere of God M". ccec° achty and acht zeris, be for thir vitnes, Johne of Strewiling, sone and apperande air to the said Johne of Streviling, Schir Valter Logane Chapillane and publist notar, Archbalde off Lenax, Adam off Corsby and Johne Morisone with diueris wthirris.
Chaeter by Colin Campbell of Achowye to William Styrling and his spouse, of the Lands of Kyrkmechall and Blarnarne, 25th July 1493.
60. Omnibus banc cartam visuris vel audituris, Colinus Campbel de Achowye, ac dominuts superior terrarum de Kyrkmechall et Blarnarn, Salutem in Domino sempiternam. Noueritis me dedisse, concessisse, et hac presenti carta mea confirmasse, dilectis meis Vilelmo Styrling, filio et heredi apparenti Vilelmi Styi'ling de Cadder, et Elisabeth Bochquhanne sponse sue, et eorum alteri diucius viuenti, Totas et integras terras meas de Kyrkmechall et Blarnarn cum pertinenciis, jacentes in comitatu de Leuenax, infra vicecomitatum de Dunbertane, que fuerunt hereditarie Vilelmi Styrling de Cadder, et quas terras cum pertinenciis idem Vilelmus ... in presencia plurium, per procuratorem suimi ... in manibus meis per fustem et baculum . . . re- signauit . . . Tenendas et habendas prefatas terras . . . dicto Vilelmo et Elisabeth sponse sue, et eorum alteri diucius viuenti, in coniuncta infeodacione, et heredibus inter eosdem procreatis seu procreandis, quibus forte deficientibus, heredibus legittimis predicti Vilelmi quibuscunque, de me et heredibus meis . . . secundum tenorem carte antique infeodacionis sue. Reddendo inde annuatim . . . rnichi et heredibus meis, seruicium prout predicta antiqua carta dictarum terrarum continct et proportat. In cuius rei testimonium sigillum meiim est appensum, apud Kyrk-
264 KE1K PAPERS. [1488.
mechall, vicesimo quinto die mensis Julii, anno Domini millesinio quadringentesiino nonogesimo tercio, coram hiis testibus, Valtero Danystoun, Jacobo G-albrath, Patricio Galbrath, Donaldo M'Corkatill, Patricio McGilmon, Donaldo Mechelson, et domino Valtero Nory capellano, cum diuersis aliis.
Seal — Gyrony of eiglit pieces, the first and fifth charged with two Mullets in bend : Legend ' S. Collini Cambel.'
Instrument of Resignation of the Barony of Kere, in the hands of James IV. in favour of William Striueling of Kere, 9th January 1488.
61. In Dei Nomine, Amen : Per hoc presens jJublicurn mstriunentuin cunctis pateat euidenter, quod anno Incarnationis Domini millesimo quadringentesimo octuagesimo octauo, die vero mensis Januarii nono, Indictione septima, Pontificatus sanctissimi in Christo patris ac domini nostri, domini Innocencii pape octaui, anno quinto : Coram excellentissinio serenissimoque principe ac domino nostro, domino Jacobo quarto Dei gracia Scotorum Rege illustrissimo, et regni sui anno primo, ac nostrorum notariorum publicorum ac testium subscriptormn, ad hoc vocatorum specialiter et rogatorum, presencia ; personaliter comparuit honorabilis vir, Villebnus Striueling de Kere, coram celsitudine" dicti domini Regis, cum omni subiectione famulatu et reuerentia, genibus flexis, vt decuit, sedens ; non vi aut metu ductus, nee errore lapsus, coactus aut com- pulsus, vt apparuit, sed sua mera, pura, spontanea voluntate, motu proprio et animo deliberato, vt asseruit ; omnes et singulas suas terras subscriptas, videlicet, terras de Kere, turrini et locum de Kere cum pertinenciis, terras de Kippanedavy, terras de Classingall, terras de Strowe, terras de Lupnoch, terras de Raterne Striueling, et terras de Dalchlewane cum pertinenciis, et quadraginta solidos annui redditus terrarum de Kippanerate cum pertinenciis, jacentes in comitatu de Stratherne, infra vicecomitatum de Perth, cum vniuersis et singulis suis proficuis et pertinenciis quibuscunque, in manibus prefati domini nostri Regis, tanquam terrarum earundem domini superioris, donauit, sursum dedit, pure simpliciterque, per fustem et baculum vt moris est in talibus, resignauit et libere deliberauit ; sic quod dictus dominus noster Rex, de omnibus et singulis prenominatis terris cum pertinenciis, ad sue proprie libitum voluntatis, licite disponere valeat : Quibusquidem donacione, resignatione et deliberacione sic factis, receptis et admissis, supremus dominus noster Rex prefatus, omnes et singulas prescriptas terras, turrim et locum de Kere, ac annuum redditum predictum, cum omnibus suis pertinenciis quibuscunque, Baronie de Kere creandas, vniendas, annex - andas et incorporandas, dicto Villelmo Striueling et suis hcredibus legittimis, pro suis
1488.] CHARTERS, ETC. 265
benemeritis et seruiciis sepius et gratanter dicto domino Regi impensis et inipendendis, here.ditarie et iruperpetuura, dedit, donauit, ac per fustem et baculuni vt moris est assignauit et libere deliberauit, cum omnibus suis juribus et pertinenciis quibuscunque superius annotatis, prout jacent in longitudine et latitudine, secundum vim, formam pariterque tenorem sue carte, sibi Villekno et suis heredibus, per prefatum dominum Regem desuper conficiende : Super quibus omnibus et singulis, prefatus Villelmus Striueling, a nobis notariis publicis subscriptis, sibi fieri petiit vnum vel plura, publicum vel publica, instrumentum vel instriunenta : Acta erant hec in camera regia apud castrum de Striueling, bora nouena ante meridiem vel eocirca, sub anno, die, mense, indictione et pontificatu quibus supra : Presentibus ibidem, nobili et potenti domino, Patricio Comite de Bothuile ac Domino de Halis, etc. Patricio Home de Fastcastell, Johanne Touris de Innerleiclit milite, Thoma Cralmont de Melgoun, Johanne Kyrkvod, Archibaldo Diksone et Thoma Pait, cum multis aliis, in prefata camera, in magno numero congregatis, testibus ad premissa vocatis specialiter et rogatis.
Et ego Andreas Macbrek, presbyter Dunkeldensis diocesis, publicus auctoritatibus imperiali et regali notarius. Quia, etc. Andreas Makbrek.
Et ego Vmfridus Clerk, presbyter Sanetiandree diocesis, auctoritate imperiali notarius publicus. Premissis, etc. Vmfridus Clerk.
Charter of Erection of the Barony of Kere by King James IV. to William Striueling,
Knight, 9th January 1488.
62. Jacobus Dei gracia Piex Scotorum, Omnibus probis hominibus totius terre sue clericis et laicis, Salutem. Sciatis quod nobis nostroque Secreto Consilio sane constat, quod quondam pater noster, cuius anime propicietur Deus, per instigationem iniquumque consilium certorum prauorum cum eo existencium, in sua vltinia residencia apud villam nostram de Striueling, turrim et locum de Kere, dilecto familiari nostro Willebno Striueling de Kere militi pertinentes, vastare, distruere et incendere fecit. Et idem Willelmus Striueling miles, nobis et nostro consilio antedicto insinuauit, quod carte euidencie et infeodaciones quas habuit de terris de nobis tentis in capite, ac diuerse alie euidencie et scripte sibi pertinentes, in dictis loco et turri combuste fuerant atque distructe. Ac eciam demonstrauit vnum Retornatum sui introitus ad dictas terras, quo eedem de nobis tenentur in capite in albafirma. Quibus consideratis, ct dicto retornato
266 KEIE PAPERS. [1488.
per nos nostrosque consules antedictos lecto et intellecto, Nolentes quod dictus Wil- lelnius aliquod dampnum seu preiudicium sustineat, ratione carencie suarum cartarum infeodacionum et euidenciarum combustaruin et distruetarum vt prefertur ; sed pocius uolentes eundeui "Willelmuia Strmeling militem, pro suo fideli gratuitoque seruicio nobis impenso, de nouo de eisdem terris infeodare ; Quapropter dedimus et concessimus, ac tenore presentis carte nostre, danius et concednnus hereditarie, dicto Willelnio Striue- ling de Kere militi, oinnes et singulas terras subscriptas, videlicet, terras de Kere, turrim et lociun de Kere cum pertinenciis, terras de Kippandavy, terras de Classingall, terras de Strove, terras de Lupnoch, terras de Raterne Striueline, et terras de Dalchlewane, cum pertinenciis, et quadraginta solidos annui redditus terrarum de Kippanerate cum pertinenciis, jacentes in comitatu nostro de Straitberne, infra vicecomitatum nostrum de Perth. Quequidem terre, turris, locus, et annuus redditus cum suis pertinenciis, fuerunt dicti Willelmi hereditarie ; et quas idem Willebnus, non vi aut nietu ductus, nee errore lapsus, sed sua mera et spontanea voluntate, in manus nostras personaliter, apud Striue- ling, per fustim et baculum sui'sum reddidit, pureque simpliciter resignauit, ac totum jus et clamemn juris que in dictis terris, turri et loco ac annuo redditu preclictis cum per- tinenciis, babuit seu habere potuit, pro se et heredibus suis, omnino quittclamauit im- perpetutun. Et quas omnes et singulas terras antedictas, tui'rim et locum de Kere, ac annuum redditum predictum, cum pertinenciis, pro gratuito fidelique seruicio nobis impenso, per dictum Willelmum, et pro singulari fauore quern gerimus erga eundem Willelmum, creauimus, vniuimus, annexauimus et incorporauimus, ac tenore presentis carte nostre creamus, vnimus, annexamus et incorporamus, in vnam nierain et liberam baroniam, pro perpetuo futui'is temporibus Baroniam de Kere nuncupandam. Teuendas et habendas omnes et singulas prefatas terras de Kere, turrim et locum de Kere cum pertinenciis, terras de Kippanedavy, Classingall, Strowe, Lupnoch, Raterne Striueling, Dalchlewane, et dictum annum redditum de Kippanerate, cum suis pertinenciis, creatas, vnitas et incorporatas in vnam liberam baroniam. pro perpetuo Baroniam de Kere nun- cupandam vt prefertur, prefato Willelmo et heredibus suis, de nobis et successoribus nostris, in feodo et hereditate imperpetmim, per omnes rectas metas suas antiquas et diuisas, prout jacent in longitudine et latitudine, in boscis, planis, moris, marresiis, aquis, viis, semitis, stagnis, riuolis, pratis, pascuis et pasturis, siluis, nemoribus, vir- gultis, molendinis, niulturis, et eorum sequelis, aucupacionibus, venacionibus, pisca- cionibus, petariis, turbariis, carbonariis, lapicidiis, lapide et calce, fabrilibus, brasinis, brueriis et genestis, cum curiis et earum exitibus, herizeldis, bludewitis et marchetis muliertun, cum furca et fossa, sol, sak, tholl, theme, infangtheiif, outfangtheiff, pitt et galous, cum tenentibus, tenandriis et liberetenencium seruiciis, cum aduocacionibus
1490.] CHARTERS, ETC. 267
et donacionibus ecclesiarvmi et capellauiaruin, ac cum omnibus aliis et singulis liber- tatibus, commoditatibus, et asiamentis, ac justis pertinenciis suis quibuscunque, tarn non nominatis quam nominatis, tarn sub terra quam supra terrain, prope et procul, ad predictas terras turrim et domum ac annuum redditum predictum ciun pertinenciis spectantibus, seu juste spectare valentibus quomodolibet in futurum, libere, quiete, plenarie, integre, honorifice, bene et in pace, sine quacunque reuocacione aut con- tradiccione nostri vel successorum nostrorum futuris temporibus quouismodo inde facienda. Reddendo inde annuatim dictus Willelmus miles et sui heredes, nobis et suc- cessoribus nostris, vnum par calcariiuii deauratorum apud turrim et locum de Kere, in festo beat! Johannis Baptiste in estate, nomine albefirme, si petatur tantum. In cuius rei testimonium presenti carte nostre magnum sigillum nostrum apponi pre- cepimus, Testibus reuerendis in Christo patribus, Roberto Episcopo Glasguensi, Georgio Episcopo Dunkeldensi ; dilectis consanguineis nostris, Colino Comite de Ergile Domino Campbell et Lome, Cancellario nostro, Archibaldo Comite Angusie Domino Douglas, Gardiano nostro, Patricio Comite de Boithuile Domino Halis, Magistro liospicii nostri, Roberto Domino Lile, Justiciario nostro, Alexandra Hume de eodem, magno Camerario nostro, Andrea Domino Gray, Laurencio Domino Oliphaunt, Jolianne Domino Drummond ; venerabili in Christo patre, Jolianne Priore Monasterii nostri Sanctiandree, nostri secreti sigilli custode, Willelmo Knollis Preceptore de Torfichin milite, Thesaurario nostro, et dilectis clericis nostris, Magistris Alexandro Inglis Archidiacono Sanctiandree, compotorum nostrorum rotulatore, ac nostri registri et consilii clerico, et Archibaldo Quliitelaw Subdecano Glasguensi, Secretario nostro, Apud Striueling, nono die mensis Januarii, anno domini millesimo quadringentesimo octuagesimo octauo, et regni nostri primo.
Lnstrument of Sasine in favour of John Boquhannan of the lands of Pytquhonerte,
10th November 1490.
63. In Dei Nomine, Amen : Per hoc presens publicum instrumentum cunctis pateat euidenter, quod anno ab Incarnatione Domini millesimo quadringentesimo nonogesimo, die vero mensis Nouembris decimo, Indictione octaua, Pontificatus sanctissimi in Christo patris et domini nostri, domini Innocentii diuina prouidentia pajje octaui, anno septimo : In ineique notarii publici et testium subscriptorum presentia, personaliter constitutus prouidus vir, Johannes Ruthven de Cragingal, balliuus et deputatus nobilis domini, Vilelmi Domini Ruthven vicecomitis de Perth, cum vno breui sasine capelle domini nostri Regis, prefato vicecomiti et deputatis suis directo, sub cera alba sigillato ;
2G8 KEIR PAPERS. [1495.
accessit ad terras de Pytquhonerte, jacentes infra dictum vicecomitatum, et inibi tradidit statum et sasinain hereditariam Johanni Boquhannan, filio quondam Valteri Boquhannan, omnium et singularum terrarum de Pytquhonerte cum suis pertinentiis, per donationem terre et lapidis, ut est modus in talibus, secundum vim formam et tenorem prefati breuis ibidem mecum visi et lecti, et aliarum eiudentiarum prefati Johannis Boquliannane : Super quibus omnibus et singulis premissis, dictus Johannes Boquhannan a me notario publico sibi fieri petiit vnuni instrumentum siue plura instrmnenta : Acta erant hec in dictis terris de Pytquhonerte, bora duodecima in meridie vel eocirca, sub anno, die, mense, indictione et pontificatu quibus supra : Pre- sentibus ibidem testibus, Johanne Forster, Roberto Forster, Villelmo Forster, Jacobo Rynd, Johanne Prop, et Johanne Lany, cum diuersis aliis ad premissa vocatis specia- liter et rogatis.
Et ego Johannes Adamson presbiter Dunblanensis diocesis, publicus imperiali et regali auctoritatibus notarius. Premissis, etc. Johannes Adamson.
Charter by King James IV. to John Striueling, of the Barony of Kere,
18th May 1495.
64. Jacobus Dei gracia Bex Scotorum, Omnibus probis hominibus totius terre sue [clericis et] laicis Salutem. Sciatis nos dedisse, concessisse, et hac presenti carta nostra confir- masse, dilecto et fideli nostro, Johanni Striueling, filio et heredi apparenti Willelmi Striueling de Kere niiKtis, omnes et singulas terras et baroniam de Kere, cum suis annexis, dependenciis, tenentibus, tenandriis, et libere tenencium seruiciis earundem, cum pertinenciis, jacentes infra vicecomitatuni nostrum de Perth. Quequidem terre et baronia . . . fuerunt dicti Willelmi Striueling de Kere militis hereditarie, et quas idem Willelnius ... in manus nostras, apud castrum de Meware in Ardmur- quhane, personaliter per fustem et baculum . . . resignauit . . . Tenendas et habendas . . . prefato Johanni Striueling et heredibus suis, de nobis heredibus et successoribus nostris . . . Faciendo inde annuatim . . . iura et seruicia . . . debita et consueta : Beseruato tamen liberotenemento . . . predictarum terrarum et baronie . . . dicto Willielmo Striueling de Kere militi, pro toto tem- pore vite sue, et racionabili tercia parte earundem Mergrete Creichtoun cius sponse, pro toto tempore vite sue, cum contigerit. In cuius rei testimonium presenti carte nostre magnum sigilluni nostrum apponi precepimus. Testibus dilectis consanguineis nostris, Archibaldo Coniite Angusie Domino Douglas, Cancellario nostro, Archibaldo
1497.] CHARTERS, ETC. 269
Coniite de Ergile Domino Campbell et Lome, Magistro hospieii nostri, Patricio Comite de Boithuil Domino Halis, Alexandra Domino Hume, magno Camerario nostro, Johanne Domino Drummond, Justiciario nostro ; venerabilibus in Christo patribus, G-eorgio Abbate de Dunfermling, G-eorgio Abbate de Pasleto, Thesaurario nostro, et dilectis elericis nostris, Magistris Ricardo Murehede, Decano Glasguensi, Secretario nostro, et Johanne Fresale, Decano de Lestalrig nostrorum et registri ac consilii clerico ; apud Castrum de Meware in Ardmurquhane, decimo octauo die mensis Maii, anno Domini millesimo quadringentesirao nonagesimo quinto, et regni nostri septimo.
Instrument of Submission by Alexander Kynross and John Kinross to Sir William Stryueling of Kere, Knight, 15th December 1497.
65. Ln Dei Nomine, Amen : Per hoc presens publicum Instrnmentum cunctis pateat euidenter, quod anno Incarnationis Dominice millesimo quadringentesimo nonagesimo septimo, die vero mensis Decembris decimo quinto, Indictione prima, Pontificatus sanctissimi in Christo patris ct domini nostri, domini Alexandri diuina prouidentia pape sexti, anno sexto : In mei notarii publici et testium subscriptorum presentia, personaliter constituti prouidi viri, Alexander Kynross et Johannes Kinross, eius alius et apparens heres, non vi aut metu ducti, nee errore lapsi, sed eorum spontaneis volun- tatibus, fidemedia se obligarunt irreuocabiliter, sacrosanctis Dei euuangeliis per ipsos tactis, ad standum, remanendum ordinationi, precepto, mandato et consilio honorabilis viri, Domini Willehni Stryueling de Kere militis suorumque heredum, super guberna- tione et regimine suarum personarum, et penes eorum ingressum in dominium de Kyppanross cum pertinentiis, ac occupationem, dispositionem et assedationem eiusdem, qualitercunque dictus Dominus Willchnus, aut sui heredes, duxerit seu duxerint in premissis faciendum : Exceptis alienatione et venditione dicti dominii cum pertinentiis, ac exhereditatione dictorum Alexandri ct Johannis corumque heredum : Quiquidem Alexander et Johannes corporale juramentum prestiterunt, et se vt supra fidemedia obligarunt, quod ipsi et eorum heredes, a data presentium, erunt dicto militi et suis heredibus, fideles homines imperpetuum, et homagium inde dederunt et fecerunt dicto Domino Willehno Striueling, et suis heredibus, ut moris est in talibus fiendis : Et si dictis Alexandro et Johanni contingat deficere in obseruatione premissormn, siue in aliqua parte eorundem, fidemedia se et suos heredes ut prefertur obligarunt, ad dandas, persoluendas et satisfaciendas quincentas libras, usualis monete regni Scotie pro tem- pore currentis, irremisibiliter prefato Domino Willehno Striueling aut suis heredibus,
270 KEIR PAPERS. [1498.
pro eorum expensis et dampnis factis et sustentis, premissis omnibus, in toto uel in parte, per dictos Alexandrum et Johannem ac eorum heredes minime seruatis siue perimpletis, vt premittitur, imperpetuum : Super quibus omnibus et singulis Willelmus Striueling, frater dicti Domini Willelmi et nomine suo, a me notario publico subseripto, sibi fieri petiit publicum instrumentum seu publica instrumenta, vnum uel plura : Acta, erant bee infra ciuitatem Dunblanensem, in camera domini Jacobi Belses Subdecani Dunblanensis, bora decima ante meridiem uel eocirca, sub anno, die, mense, indictione et pontificatu quibus supra : Presentibus ibidem, dicto domino Jacobo Belses et Jacobo Pollok, testibus ad premissa vocatis pariter et rogatis.
Et ego Johannes Smcrt presbyter Sanctiandree diocesis, publicus sacris apostolica et regali auctoritatibus notarius. Quia, etc. Johannes Smekt.
Letter of Reversion by John of Buchquhanan of Glassingall to Robert of Buchquhan- an of Lane, of the lands of Lane called the Fermouris Landis, 16th June 1498.
66. Be it kende till all men be thir present letteris, me Johnne of Buchquhanan of Glassin- gall, sone to vmquhil Walter of Buchquhanan of Petquhouerte, to be bundin and oblist and be the tenour of thir present letteris byndis and oblisis me, nryn aieris, executouris and assignais, in the straitast forme and stile of obligatioun, the holy euuangellis tuechit, to ane honorabile man, Robert of Buchquhanan of Lane his aieris and assignais ; That forsainekile as the saide Robert has analyt and wedset to me be charter and pos- session, four merkis worth of his landis of Lane, callit the Fermouris landis with the pertinence, togidder with his myl of Lane, and with the multuris of the samyn, liande within the stewartry of Menteth, and the schirefdome of Perth ; that quhat tym ancle how sone it sail happin the saide Robert of Buchquhanan of Lane his aieris or assig- nais, to pay and content to me, my aieris or assignais, the soume of twa hundreth merkis of gude and vsuale mone of the kinrik of Scotland hafande the curs for the tym, in ane haile sowm and togidder in mone nowmerit apone a day betuyx the sone rysyng, and the ganginge to of that ilk, within the parich kirk of Lane apone the hie alter of the samyn, I, my aieris or assignais, beande lauchfullie warnyt thairto be the said Robert of Buchquhannan of Lane, his aieris or assignais to the resait of the saide soume apone xv dais wamynge, at the saide pariche kirk of Lane, apone a solempnit dai in the hie mess tym befoir the parichane than beinge present, That than and in continent the saide soume beinge pait as saide is, and lauchfullie wamynge maide, I the said Johnne of Buchquhanan my aieris and assignais sail purly ande sympilly
1498.] CHARTERS, ETC. 271
resinge and gif our fra ws, the said four merkis worth of the landis of Lane, callit the Feruiouris landis with the pertinence, to giddyr with the myl of Lane, and the inultur of the sanmiyu, with charter, staite seysyng and possessioun, maid and gevin to ws thare- vpone, and to reniayn with the saide Robert of Buchquhanan his aieris and assignais in fee and heritage euirlestynge, and we to haue no regress thareto in tym to cum, be thir oui'e present letteris, bot tharefra, al vterly to be removit and excludit be the faith in our bodies, and vnder the sikkerest stile and forme of obligatioun, all fraude, gile, cauil- latioun, exceptioun, and euil ingyne. removit and excluydit. In witnes of the quhilk thing I haf hungin to my seile to thir present letteris of Reuersioun, at the pariche kirk of Lane forsaide, the xvi day of the moneth of Junii, the zeir of Gode, a thousand four hundreth, nynty ande aucht zeiris, befoir thir witnes, wirschipfule and discreit men, Dene Gilbert Buchquhanan Chanone of Inchemoquhomo, Schir Johnne Smert, notar publice, Schir Thomas M'Gilfadrik, Johnne of Buchquhanan, bruder germane to the said Robert, Malcuni Lane, Johnne Reoch, and Walter Drummond, with vtheris diuers.
Instrument of Resignation in favour of Robert Buchquhannan of Lany, of the lands of Pytquhonerty, 17th June 1498.
t>7. In Dei Nomine Amen. Per hoc presens publicum Instrunientum cunctis pateat euidenter, quod anno Incarnationis Dominice millesimo quadringentesinio nonagesimo octauo, die vero mensis Junii decimo septimo, Indictione prima, pontificatus sanctisshni in Christo patris ac domini nostri, domini Alexandri, diuina prouidentia pape sexti, anno sexto: In mei notarii publici et testium subscriptorum, ad hoc vocatorum speciaUter et rogatorum, presentia, personaliter comparuit honorabilis vir, Andreas Vod de Blayrtoune, procurator honorabilis etiam viri Johannis Buchquhanan de Pytquhonerty, coram excellentissimo serenissimoque principe, ac domino nostro domino Jacobo quarto, Dei gratia Scotorum Rege illustrissimo, et regni sui anno vndecinio ; et ibidem, post lecturam litere procuratorialis ipsius Johannis in papiro scripte, eius vero sigillo ut aparuit cera rubea more solito sigillate, cuiusquidem litere procuratorialis virtute et vigore, dictus Andreas Wod, procurator ut supra et eo nomine dicti Johannis Buchquhanan, coram celsitudine prefati domini Regis, suis genibus flexis, ut decuit, sedens, omnes et singulas suas terras de Pytquhonerty, cum pertinentiis, jacentes infra vicecomitatmn de Perth sursuni reddidit, ac per fustem et baculum in manibus dicti supremi domini nostri Regis, tanquam in manibus domini superioris earundem, pure simpliciterque resignauit. Qua resignatione sic rite et legittime facta,
272 KEIE PAPERS. [1501.
et per dictum suprenium dominuni nostrum Regem recepta et adniissa, idem dominus noster Rex, statum regalem et possessionem corporalem, omnium et singularum dictarvmi terrarum cum vniuersis suis pertinentiis et proficuis quibuscunque, prouido viro Roberto Buchquhanan de Lany, tunc presenti, et heredibus suis, per huiusmodi fustis et baculi traditionem ut moris est in talibus fieri consuetam, secundum tenorem carte per pre- dictum dominuni nostrum Regem prefato Roberto Buchquhanan desuper conficiende, dedit, tradidit, pariter et deliberauit, adeo libere et quiete, in omnibus et per omnia, sicut dictus Johannes Buchquhanan ant jjredecessores sui predictas terras cum per- tinentiis, de dicto supremo domino nostro Rege aut predecessoribus suis, ante presentem resignationem liberius tenuit seu possedit, tenuerunt seu possiderunt : De et super quibus omnibus et singulis, prefatus Robertus Buchquhannan, a me notario publico subscripto, sibi fieri petiit vnum vel plm'a, publicum vel publica, instrumentum aut instrumenta. Acta erant hec in Collegio Beate Marie Virginis, prope villain de Dunbertan, hora tertia post meridiem vel eocirca, sub anno, die, mense, indictione et pontificatu quibus supra. Presentibus ibidem nobilibus et potentibus dominis, Archibaldo et Matheo, Ergedie et Levenax comitibus, ac etiam honorabilibus et prouidis viris, Duncano Forestar de Skipnith, Duncano Campbell de Glenwrquhart, Patricio Hwme de Polwart et Johanne Ramsay, militibus, cum diuersis aliis testibus, ad premissa vocatis speciaT liter et rogatis.
Et ego Andreas Macbrek, presbyter Dunkeldensis diocesis, publicus auctorita- tibus Imperiabi et regali notarius, &c.
Contract between Sir Patrick Hwme of Polwart, Knight, and Sir William of Striucling of the Keire, Knight, relative to the Marriage of John of Striueling, son and apparent heir of Sir William, and Margaret Home, daughter of Sir Pa- trick, 30th March 1501.
(is. Thib Indentouris maid at Edinburch, the penult day of Marche, the zeir of God ane thowsand fiv hundrecht and ane zeire, proportis, contenis and beris vitnes, that it is appontit and concordit betuix rycht nobile menne, Schir Patrik Hwme of Polworcht knycht, one the taapart, and Schir Williame Striueling of the Keire knycht, one the tothir part, in nianere forme and effect as eftire falovis, that is to say, that Jhonne of Striueling, sonne and apperand air to the said Schir Williame, sal mary, God willand, and have to his spousit wife, Margret Home, dochtir to the said Schir Patrik, and failzeing of the said Margret, the said Jhonne to complet marige with Sibbale Home hir sistire, and safurcht als lang as the said Schir Patrik has ane dochtir gottine of
1501.] CHARTERS, ETC. 273
lauchfull bed, ay and quhille the said manage be completit ; the quhilk mariage salbe completit, God villiug, at the lauchfule age of the said barnis, the niaill beyng of fourtene zeris, aod the femell twelf zeris. And the said Schire Williame salgive in coniunctfeftnient to the said Jhonne his sone, and Margret Hvnie, ore ony vtheris of the saidis Schir Patrikis dochteris that completis the said mariage, twenty pondis worcht of his landis of Strathallone wicht thair pertinence, liand in the shirefdome of Pereht, of the quhilkis thair is ane gret part in wedset to diuers personis, gif the saidis landis cane be redemit and lousit be the awis and consale of the said Schire Patrik ; and gif the saidis landis cane nocht be redemit to the awaill of the saidis twenty poundis worcht of land, that samekle as beis redemit and lousit salbe gevine to thame in coniunctfeftment, and the remanent of the xx poundis worcht of land salbe gevine in Lumbany or Balquhoniry, quhar it best plesis the said Schir Patrik, and quhene the said twenty pundis worcht of land of Strathallone happinnis to be redemit and gevine in coniunctfeftment as said is, thane the saidis Jhonne and Margret, quhilkis completis the said mariage, sail gif oure the saidis landis of Lumbany or Balquhoniry, quhilk sal happine to be gevine to thame as said is ; For the quhilkis mariage to be completit and gevine of the said coniunctfeftment, the said Schir Patrik Home has tane vpone hime to content and pay to Schir Williame of Murray of Tulibardine knycht, and Jhonne of Kynross of Kippane Ross, the aire of wmquhile Jonet of Kinros of Kip- pane Ross, the some of four hundrecht and fyfty merkis, haile and togiddir in ane sovme, for the renuntiatioune and discharging and ouergevine to the said Schir Williame of Striueling of the Keire and his ayris of ane reuersioun maid be wmquhille Schir Williame off Striueling of Reterne knycht, fadir to the said Schir Williame, to the said wmquliile Jonet of Kinros hir airis and assignais, apone the lousing redemyng and outquitting of the landis of Lubnoch with thair pertinence, liand in the lordschip of Strathgarthnay and the schirrefdome of Perth, the quhilk reuersioune contenit in it the sovme of sex schoyr thretten pundis xiii schillingis iiii pennys : the quhilk sovme of foure hundreth and fyfty merkis the said Schir Patrik suld pay to the said Schir Williame of Murray, as assignay to the said Jhonne of Kinros to the said reuersioune, and to the forsaid Jhonne of Kynros as ayr to the said vmquhile Jonet.1 And for the securite of the said mariage to be completit as said is, the said Schir Williame of Striueling sail infeft heretably be charter and sesing the said Schir Patrik Hvme in to all and haill the landis of Balquhomry, extending now be zeire to xxiiii merkis worcht
1 There was accordingly granted, of the same date as this contract, a renunciation by Sir William Murray of the above reversion ; among the witnesses to which are ' David Murray, sonne to me the said ' Schir Williame, Johnne of Murray of Kelach,' Ac. ■
274 KEIR PArBRS. [1501.
[with] the pertinence, liand withine the barony of Leslie and the Shirefdonie of Fife, to be haldine of hime and his airis blanch ferine for twa pennys, and reseruand half an akir to do the oure lord seruice. And becaus Agnes Bruce has tene pundis worcht of the saniin landis off Balquhomry in lifrent for hir liftime, tharfor the said Schir Williame Striueling sal infeft the said Schir Patrik Hvme heretably in warandice of thai ten pundis worcht of land beand in the handis of the said Agnes, in all and haile his landis of Lunibany with thair pertinence, liand withine the barony of Banbrech and the shirefdonie of Fif, extending nove to ten merkis in the zeirc, and in ale and hail his landis of Glenty with thair pertinence liand withine the shirefdonie of Percht, extending now zerlie to fif merkis, and in likwis in his fourty schilling worcht of annuell Hand in Kippane Kait with thair pertinence, to be haldine of the said Schir Williame and his ayris blanch ferine as said is. And the said Schir Patrik sal gev his letter of reuer- sioune to the said Schir Williame of Striueling in competent dewe forme as efferis ; that quhattynie the said mariage be complet as said is, that the said Schir Patrik sal incontinent thairefter resigne renunce and ouirgef to the said Schir Williame of Striueling his airis and assignais, all and hail the saidis landis of Balquhomry, togidder with the laf of the landis and annuel rent gevine in varandice thairof as said is. And gif the said mariage failzeis be deid of the said Jhonne of Striueling, Margret Hvme, and all vtheris the saidis Schir Patrikis dochteris gottine of lauchful bed, ore gif it happinnis our souerane lord the king to obtene the saidis Jhonis mariage be the ded of the said Schir Williame Striuelyng his fader, thane that quhat tym or how sone it sail happine the said Schir Williame of Striueling his airis or assignais, to content and pay vpone a day, betuix the sone rising and the gangin to of that ilk, to the said Schir Patrick Hvme his airis or assignais, the sovme of four hundrecht merkis, gold and siluer, of the said sovme of four hundrecht and fifty merkis, that than efter the pay- ment of the said sovme the said Schir Patrik his ayris and assignais sail resigne renunce and gefoure to the said Schir Williame of Striueling of the Keire his airis and assignais, all and hall the saidis landis of Balquhomry, togidder with the saidis vtheris landis and annuel gevine in varandice as said is. And gif it happinnis the said mariage to fake be dissent or wilfulnes of the said Jhonne or Williame his fader, thane the forsaidis landis of Balquhomry with the pertinence, togidder with the otheris landis and annual forsaid gevine in warandice as said is thairof, to remane with the said Schir Patrik his ayris and assignais, ay and quhille he or thai be content and pait be the said Schir Williame his ayris or assignais, of the sovme of sevine hundrecht merkis, for the saidis sovmeis quhilkis he has tanc vpone hime to pay and lay done for the said Schir Williame of Striueling, and for costis skaichtis and expensis sustenit and
1502.] CHARTERS, ETC. 275
to be sustenit be the said Schir Patrik her throwe, and this to be conrprehendit in the said reuevsioune. Item it is appontit albeid the said Schir Williame gif and infeft now be charter and saisyne the said Schir Patrik in the landis abone vritine, he nor his airis sal nocht rais nor tak profit thairof quhil the completing of the said mariage, or failzeing of the completing of the samyn as is abone vritine, quhilk mariage salbe compleit at the lauchfule age of the said barnis as said is, athir of the saidis partiis or thair airis beand warnit be vtheris thairto, apone xx dayis warning of before. And as for the payment of the fyfty markis quhilkis the said Schir Patrik outredis mair than the four hundrecht merkis abone vritine, the said Schir Villiame sal gif his obligacioune to pay the sammyn at Lammes nixt to cum but cauillacioune or langar delay. And athir of the partiis sal gif vtheris charteris, sesingis, infeftmentis, reuersionis, obligacionis, and all vtheris letteris neidful hervpone in the maist sikkirvise that can be diuisit but inconuenient, athir of the saidis partiis warnand vtheris thairto vpone sex dais varning of befor. And at all thir condicionis and appontmentis abone vritine sail lelele and trevlie be obseruit and kepit and fulfillit, in manyre forme and effect as is abone writine, athir of the saidis partiis ar oblist and sworne fatlrfullie ilkane to vtheris, be the fathis and trevthis in thair bodeis. In vitnes herof the saidis partiis hes inter- changeabile selit thir Iudentouris with thair avne propir sealis, befor thir vitnes, Aclame of Crechtone of Eethvindavy knycht, Master Cuthbert Baize, Persoun of Sanquhare, and James Zonge notar, with otheris diuers, at day, zere and place forsaid.
Hec est vera copia originalis Indenture, extracta et transsumpta de verbo in
verbum, nil mutato quod substantias facti mutaret, per me W-. D. notarium
publicum.
R. COLDILE.
Contract between John of Styrling of Cragbernard, George Styrling his son and heir, and Elizabeth Park, spouse of George, and Alexander Craufurd of Kylwynnat, relative to the excambion of the lands of Spango and Kylwynnat, 1st May 1502.
G9. This Indentur maid at Glasgw, the first day of the nioneth of May, the zer of God, ane thousand fyw hundreth and twa zheris, contenis, proportis, and beris witnes, that it is fullely agreyt apontit and concordit betuix rycht honorabil personis, that ar to say, Johne of Styrling of Cragbernard, Comptrollour to our souerane lord, George Styrling, his sone and aperand ayr, and Elisabeth Park, spous to the said George, apon the ta part, and Alexander Craufurd of Kylwynnat, apon the tothir part, in forme, manere, and effect as efter folowis, that is to say ; that the said Johne, George
27G KEIR PAPERS. [1502.
and Elisabeth sal niak and caus the hale half landis of Spango, with thai' pertinens, Hand in the barony and schirefdom of Renfrew, be resignit in the superior handis of the samyn, and to be gevin agane heretably in excambiun to the said Alexander Craufurd, to reman with him and his ayris in heretage : And the said Alexander Craufurd sal resing al and hale his landis of Kylwynnat, with thar pertinens, Hand in the erldom of the Lennax and the schirefdom of Styrlyng, in the Erl of the Lennax handis, superior tharof, and to be gevin agane heretabily to the said George and Elisabeth, and the langar levar of thaim in coniunctfethment, and thar ayris, in ex- cambiun for the half landis of Spango, with thar pertinens : And that the costis of batht thir infefthmentis sal be maid be the said Johne of Styrling, the said Alexander aplyand him herto betuix the day of the making of thir present Indenturis, and the saxten day of May nixt efter folowand : And becaus the saidis lands of Kylwynnat ar wnderstand bettyr than the half landis of Spango, the said Johne of Styrling sal refund and pay to the said Alexander ane hundreth merkis of gud and vsuale money of Scotland, within fourty dais nixt efter folowand the said infefthment, and stat and sesing procecland thar vpon : And to the obseruacione and keping fathfully herof the saidis parteis bindis and oblisis thaim, thar ayris and assignais, til vtheris, be the fathis and treuthis in thar bodiis, and ilkane of tharis : And for the mar securite of the premissis, to the part of this Indentur remanand with the said Alexander, the said Johne has subscrivit and selit this present writ, for himself, the said George and Elisabeth ; and to the tothir part of the samyn Indentur, to reman with the said Johne, George, and EHsabetht, the said Alexander has hungyn his sele ; day, zher and place as said is, befor thir witnes, Schir Petyr Hustoun of that Ilk knycht, Johne Blungumre of the Syd, Andrew Cunygam of Drumijuhassill, and Schir Walter Nore, chapellane and notar publict, with diuers vtheris ; and in lik wis the said Alexander Craufurd has subscribit the samyn, befor the samyn witnes.
^?»V*^
Procuratory by George Striueling younger of Cragbernarde, and Elizabeth Park his spouse, for resigning their lands of Kilwynnet in the hands of Matthew, Earl of Lewinax, 16th March 1502.
70. Nobili et prepotenti domino, Matheo Comiti de Lewinax, Domino Dernele etc., sui humiles subditi et seruitores, Georgius Striueling, filius et heres apparens Johannis
1502.] CHARTERS, ETC. 277
Striueling de Cragbernarde, et Elizabeth Park, eius sponsa, seipsos cum onmi famu- latu, reuerencia, et bonore, ad resignandas et sursum reddendas, pure'que simpliciter deliberandas, in nianus vestras, onmes et singulas terras nostras de Kilwynnet, cum mo- lendino earundem, et suis pertinentiis, jacentes in comitatu de Levinax, infra vicecomita- tum de Striueling, qnas de vobis tenemus in capite, tanquam in manibus domini nostri superioris earundem, bonorabiles viros, Willelnium Scot de Balwery militem, Alexand- rum Lawdir, prepositum de Edinburgh, Archibaldiuii Kincaid, et Patricium Baroun, ac eormn quemlibet, coniunctim et diuisim, nostros veros legittimos et indubitatos procuratores, actores, factores, et negotiorum nostrorum gestores, ac nuncios speciales et irreuocabiles, vnanimi consensu et assensu, et ex nostris meris liberis et spontaneis voluntatibus, fecimus, constituimus, et ordinauimus, ac per presentes facimus, constitu- nius et ordinamus : Quasquidem terras de Kilwynnat, cum molendino earundem, et suis pertinentiis, nos dicti Georgius, et Elizabetht, non vi aut metu ducti, nee errore lapsi, seu dolo circumuenti, sed nostra vtilitate preuisa, et desuper matura delibera- tione prehabita, consensu et assensu vnamini vt premittitur, per fustem et baculum, et has literaa nostras procuratorii et resignationis, in vestras nianus, tanquam dicti domini nostri superioris earundem, sursuni reddimus, ac piu'e et simpliciter pro perpetuo resig- namus, ac omne jus et clameum que in eisdem habemus seu habere poterimus, pro nobis et heredibus nostris, omnino quitteclamamus imperpetuum per presentes ; sic quod de eisdem ad vestre voluntatis arbitrium liceat disponere ; necnon omnia alia et singula facienda, gerenda, et exercenda, que ad officium huiusmodi procuratoris de jure seu regni consuetudine pertinere dinoscuntur : Ratum et gratum irreuocabiliter habentes et habituri totum et quicquid dicti nostri procuratores irreuocabiles, seu eoruin aliquis, in premissis seu aliquo premissovum rite duxerit seu duxerint faciendum: In cuius rei testimonium sigilla nostra propria presentibus sunt appensa, apud Edin- burgh, decimosexto die mensis Martii, anno Domini millesimo quingentesimo secundo, coram hiis testibus, Henrico Alane, Canonico Abirdonensi, Dominis Waltero Logane, Johanne Inglis, capellanis, Johanne Glen, burgense de Edinburgh, Magistro Johanne Murray notario publico, Adam Hoppar, Thoma Schaw, coco principali supremi domini nostri Regis, et Johanne "Wellis, cum diuersis aliis.
Bond by John Striueling of Cragbernarde to Elizabeth Park, spouse of George Striueling, his son and apparent heir, 18th March 1502.
71 . Be it kent till all men be thyr present letteris, me Johne Striueling off Cragbernarde, to be bundine and oblist, and be thyr present letteris, and the faith and treuth in my
2n
278 KEIR PAPERS. [1502.
body, lelily and treuly bindis and oblisis me, ande my airs maill, till ane honorable vomane, Elizabeth Park, sports to George Strmeling my sone and apperand ayr to me ; that for samekyll ais the sade Elizabeth of hyr fre vill ande motiffe, has resignit our all and haill the landis of Killvynnet, with the pertinens, liande in the erldome of the Lewenax, and in the schireffdome of Strineling, in the handis of ane noble and mychty lorde, Matho Erlle of Leuenax and Lorde Dernle, ais in the handis of the ourelorde of the sade landis of Kilwynet, with the pertinens ; the quhilk landis the sade Elizabeth hade in coniunctfeftment ; and that for the vtilite of me and my airis maill, and the airis maill gottin or till be gottine betuex the sade George and the sade Elizabeth, ais is mare fullily contenit in the charter of my newinfeftment of blanceferme made to me and my airis maill thar apone, be the sade lorde Matho Erlle of Lewenax : Tharefor, giff it sail happyne that the sade Elizabeth beris na ayris maill to the sade Greorge hir spous, bot a dochter or doehteris, the quhilk ma nocht succede to the sade landis of Cragbernarde and Killvynnet vith the pertinens, be resone of the sade talze ; I vill tharefore, and oblisis me and myne airis maill, succedaris to the sade landis be resone of tallze, to the sade Elizabeth, and the doehtir and dochtiris off the sadis George and Elizabeth gottine and to be gottine be tuex thani, in this vis, that gif at tha haue bot ane dochter be tuex tham, that suld be heretayr to the sade landis in defalt of thare airis maill be tuex tham ; that I or myne airis maill that suecedis to the sade landis be the resone of taillze, that I or tha sal mary that a doehtir, one a mane of ais gret lewyne as Cragbernarde and Kyllwinet ; and at I or tha sail mak the cost thareapone ; and giff it sail happine tham till haue ma doehteris than ane, at suld be heritaris to the sade landis, that I and my airis maill ais sade is sail mary ilkane of tham one a man of ais gret lewyne ais thare part of the sade landis micht fall till ony of tham and tha var heretaris of the sade landis : And giff it sail happine me, or my airis maill that suecedis to the sade landis be resone of the sade talze, to falze in thir premissis to the sade Elizabeth, in all or in part, ais God forbede that I or tha do ; tharefor, to the fulfilling obseruing and keping of the forsade thingis in euere part thareoff, I fathfully bindis and oblisis me, and myne airis maill succedaris to the sade landis throw reson of the sade talze, in the stratest stille and forme of obligacione that is vsyt or cane be dewysyt efterwart, vithowt inconuenient to the sade Elizabeth, and to the doehtir and dochtiris gottine and to be gottine lachfully be tuex the sadis George and Elizabeth, the quhilkis sulde be heretaris to the sade landis in defalt of ayris maill ; that I and my sade airis maill ais sade is, sail pay to tham and to ilk ane of tham, the sowme of ane hundreth pundis golde and siluer, vsualle mone of Scotlande, to thar mariage, quhen tha cum to lachful agis to be mariyt, giff I or my sade ayris maill that
1503.] CHARTERS, ETC. 279
succedis to the sade landis be resone of the sade talze sail happyne to falze in the uiaryine of the sade doohtir or dochtiris one mene of lcwyne as sade is a bone vritine, but fraude or gylle ; I Tiiyne ande my airis maill as sade is renunciande all exeeptione oif law, cewille nor canowne, akis of parliament or generall consell, to be proponyt eftervart in jugement or owtputh, be me or ony vthyr or vthyris in my name or tharis, in the contrar of thyr my present letteris obligatori : In vitnes of the 'quhilk thing I haue appendyt my seill to thyr present letteris, at Edinburgh, the achtene day off the nioneth of March, in the zere of Gode a thowsande fiffe hundrcth and twa zeris, be for thir vitnes, Master Valtyr Abirnethy Prowest of Dunbertane, Sehir Henry Allane Archdene of Dunblane, Master Vilzam Lindissay Persone of Aldhame publiste notare, Master Johne off Murray publist notare, Vilzame Striuiling my sone, Johnc Striuiling, Archbalde Kyncade, and Schir Valtir Logane, Vikare of Strablane, publist notare, vith diueris vthyris.
Precept by Thomas Hume of Langschaw, Knight, for infefting John Striueling of Craigbernard, Knight, in the lands of Quhitleys, 27th August 1503.
72. Thomas Hume de Langschaw miles, et [superior] terraruni de Quhitleys, dilectis meis, Jacobo Redheuch, Alexandra Boyde, Jacobo Boyd, Johanni Brisbane, et Alexandra Buehquhane, ac eoruni alteri, coniunctim et diuisim, balliuis meis in hac parte specia- liter constitutis, Salutem : Quia dedi et concessi, ac hereditarie vendidi et alienaui, honorabili viro, Johanni Striueling de Cragbernard militi, omnes et singulas terras meas de Quhitleys, cum suis pertinenciis, jacentes in dominio de Stewartoune et infra vieecomitatum de Aire ; prout in carta mea dicto Johanni Striueling desuper confecta plenius continetur : Vobis igitur et vestrum cuilibet, coniunctim et diuisim, prccipio et mando quatenus, visis presentibus indilate saisinam statum et possessionem here- ditariam omnium et singularum predictarum terrarmn de Quhitleys, cum suis perti- nenciis, prefato Johanni Striueling militi, vol suo certo attornato lator'i presentium, secundum tenorem dicte carte mee quam inde habet, juste deliberetis et haberi faciatis sine dilatione : Et hoc nullo modo omittatis : Ad quod faciendum vobis et vestrum cuilibet, coniunctim vel diuisim, meam plenariam liberam et irreuocabilem potestatem, committo per presentes : In cuius rei testimonium sigillum meum pre- sentibus est appensum, apud Edinburgh, vicesimo septimo die mensis Augusti, anno Domini millcsimo quingentesimo tertio.
Thomas Howm off y°. Langschaw.
280 KEIR PAPERS. [1504.
Discharge by George Campbell, younger of Cesnok to John Striueling of Cragbernard, Knight, of the warrandice of the lands of Quhitleys, 22nd December 1504.
73. Be it kend till all men be thir present letteris, me George Campbell, sone and apperand air to George Campbell of Cesnok : That forsamekle as [ane] honorabill man, Johnne Striueling of Cragbernard knicht, has sauld and analyet to me, and to Jonet Mont- gumry my spous, heretablie be chartir and sesing, all and sindry his landis of Quhitleys, with thair pertinence, lyand in the bailzery of Cvnyngame, within the schiref- dome of Air ; the quhilkis landis the said Schir Johnne Striueling has be his conquest of Thomas Home of Lankschaw knicht ; and apone the lousing and redemyng of the saidis landis of Quhitleys, with thair pertinences, the said Schir Jolmne Striueling has gevin to the said Schir Thomas ane letter of reuersione, contenand in it the sovme of ane hundreth pundis, gud and vsuale money of Scotland, with sevin zeris tak eftir the lousing, for five crovnis of male alanerly ; like as the said reuersione proportis : And beeaus the said Schir Thomas has gevin and deliuerit to me, and to the said Jonet my spous, oure airis and assignais, ane chartir of confirmatioun maid vndir his sele, ratifyand, apprevand, and for him and his airis perpetualy confirmand the alienatioun maid to ws of the saidis landis of the Quhitleis, with thare pertinence ; like as at mair lenth is specifiit and contenit in the said chartir of confirmatioun maid and gevin to me, and to the said Jonet my spous thairapone : Heirfor I, for me and the said Jonet my spous, adnullis and dischargis, and for ws, our airis and assignais, perpetualy quitclemis the said Schir Johnne Striueling, his airis and assignais, of ony warrandice tobe maid be him or thame of the saidis landis of the Quhitleis in tyme tocum, be ony maner of way : Beeaus the said Schir Thomas has gevin ws con- firmatioun of the saidis landis, as is abone writtin ; all cauillatioun fraude and gile away put and excludit, and na remeid of law to be proponit nor allegit in the contrare of the discharge foresaid : In witnes of the quhilk thing to thir present letteris, subscrivit with my hand, my sele is to bunging, at Edinburgh, the xxii day of December, the zeir of God, ane thousand five hundreth and foure zeris, befoir thir witnes, Andro Mathesone, Alexander Kincragy, Robert Campbell, and Johnne Gray, with vtheris
diuers.
Geokg Campbell zunger.
1505.] CHARTERS, ETC. 281
Precept of Sasine by William of Striuelyne, Laird of Cadder, for infefting William of Haiuniiltoune in Kyncauyill in the lands of Cragbrey, 27th December 1505.
74. 1 Willizame of Striuelyne, lard .of Cadder, till myne luffitis Maister Johnne of Striuelyne, Chapellane, Thoines Red, Robert Red, Willizame of Came and Johnne Child, Grating. Forsamekle as that I haif geuin ontil lifrent till myne lufit frend, Willizame of Hammiltoune in Kyncauyill, all and hale myne landis of Cragbrey with the pertinentis, quhilk that lyis withyne the berrony of Berime Bogall, withyne the shirefdome of Lithgow ; to zow I bid and commandis, that ze in my name, or ony ane of zow, conjunctly and seueraly, this precep beand senne, that ze pass and entyr the foresaid Willizame of Hammiltoune, or hys actornay, till the foresaid landis of Cragbrey . with the pertinentis, and till gif liime possessioune of the samyne, efter the tenour of myne assedatioune of lifrent, and efter the tenour of this precep ; the quwiche till zow, or ony ane of zow, I commit myne ful powir be this myne precep. In witness hereof till this myne precep I haif hung myne sele, at Cadder, the xxvii day of the moneth of Decembyr, the zere of our Lord a thowsand five hundred and five zeris, in presence of thir witness, Maister Johne of Striuelyne, curat of Cadder, Allane Stewart of Schelezardis, Thomas Red and Henry Curry with oydiris diuers.
Hec est copia precepti per me Robertum Foulis notarium publicum transumpta, sub meis signo et subscriptione manualibus.
Robertus Foulis, Notarius, manu propria.
Precept of Clare Constat by Robert [Blacader] Archbishop of Glasgow, for infefting William Striueling in the lands of Cadder, 23rd March 1505.
75. Robertus, miseracione diuina Glasguensis Archiepiscopus, dilecto nostro germano, domino Baldredo Blacader, balliuo nostro, seu eiusdem deputato in hac parte, Thome Hugonis, Salutem cum benedictione diuina. Quia euidenter constat nobis, quod quondam Willebxms Striueling de Cadder, pater Willelmi Striueling latoris presencium, obiit vltimo vestitus et saisitus vt de feodo, ad pacem et fidem supremi domini nostri Regis, de omnibus et singulis terris de Cadder cum pertinenciis, jacentibus in baronia nostra de Glasgw infra territorium eiusdem ; et quod dictus Willelmus est legitimus et pro- pinquior heres dicti quondam Willelmi sui patris de dictis terris de Cadder cum pertinenciis ; Et quod est legitime etatis ; et quod prefate terre de Cadder cum per- tinenciis tenentur in capite de ecclesia nostra metropolitana Glasguensi, nobisqtie ex .nunc et successoribus nostris dicte ecclesie prclatis pro tempore existentibus, in warda
282 KEIK PAPERS. [1506.
et releuio ; reddendo inde annuatim prefate nostre ecclesie nobisquc et successoribus nostris eiusdem ecclesie prelatis, quatuor libras monete currentis pro tempore, ad duos anni terruinos consuetos, videlicet, Sancti Penthecostes et Sancti Martini in yaine, per equales porciones, vnaemn duabus libris eiusdem monete lumini Sancti Kentegerni ad prescriptos anni terminos annuatim, ac etiam cum tribus sectis in nostris tribus curiis capitalibus annuatim, cum aliis seruiciis debitis solitis et consuetis ; et quod nunc existunt in manibus nostris vt ArcHepiscopi Glasguensi antedicti, tanquam domini superioris earundem, ob mortem dicti Willelmi, per spacium quadraginta dierum vel eocirca : Vobis igitur et vestrum cuilibet coniunctim et diuisim, precipimus et mandamus quatenus dicto Willelmo, vol suo aetornato latori presenciiun, saisinam hereditariam statumque possessionem dictarum terrarum cum pertinenciis, juste fieri et deliberari faciatis, sine delacione, saluo rare cuiuslibet, capientes securitatem suffi- cientem quod idem Willebnus fideliter persoluet nobis onera per emu debita de dictis terns, post mortem dicti sui patris. Ad quod faciendum vobis et cuilibet vestrum nostras vices auctoritatem et potestatem tenore presencimn commitimus et impertimur. In cuius rei testimonium sigillum nostrum rotundum presentibus est appensum, apud ciuitatem nostram Glasguensem, die vicesimo tercio mensis Marcii, anno Domini mil- lesimo quingentesimo quinto.
Retoub of William Striuelyne, as heir of William Striuelyne of Cadder, his father, in the lands of Cragbrey, 9th May 1506.
76. Hec inquisicio facta apud burgum de Linlithgow, nono die mensis Maii, anno Domini millesimo quingentesimo sexto, coram Nykolayo Craufurd, deputato vicecomitis de Linlithgow, per hos probos patrie subscriptos, viz. Jacobuni Leuinstoune de Maner- stoune, Eobertum Listoune de Himby, Gilbertum Hammiltoune de Lochous, Jacobum Leuinstoun de Braidlaw, Patricium Connie de Ballinheid, Robertum Douglas de 1'imferstoune, Johannem Lithgow de Weltoune, Johannem Sandilandis de Hilhous, Johannem Akynhede, Alexandnun Akynhede, Johannem Cochran de Balbachlo, Alexandrum Benyne, Willelmum Walchop, Thomam Brownne, Duncanum Carrebyr de eodem, Johannem Akynhede et Thomam Douglas. Qui jurati dicunt, quod quon- dam Willelmus .Striuelyne dc Cadder, pater Willelmi Striuelyne latoris presentium,
1506.] CHARTERS, ETC. 283
obiit vltiino vestitus et saisitus ut de feodo, ad paceni et fideni doniini nostri Regis, de terris de Cragbrey, cum suis pertmentiis, jacentibus in baronia de Dunimany infra vicecouiitatuni de Lithgow. Et quod dictus Willebnus Striuelyne est legittimus et pro- pinquior beres eiusdeni quondam Willelmi patria sui, de dictis terris de Cragbrey cum pertmentiis. Et quod est legittime etatis. Et quod dicte terre de Cragbrey cum perti- nentis valent nunc per annum sex mercis, et valuerunt tempore pacis quadraginta solidis. Et quod dicte terre de Cragbrey tenentur in capite de domino baronie de Dum- many et successoribus suis, domino superiori earundem, per seruitium albe firme ; red- dendo inde annuatim vnam libram piperis, cum tribus sectis cui'ie ad tria placita capi- talia dicte baronie de Dummany, nomine albe firme si petatur. Et quod feodum dicte terre de Cragbrey est in manibus supremi domini nostri Regis a decessu Johannis Blovbray, heredis quondam domini Dauid Movbra, ratione warde. Et quod liberum tenementum dicte terre de Cragbrey est in manibus dicti domini Dauid Movbra de Dmnmany militis, causa reseruationis, per mortem dicti Willelmi Striuelyne, ob defec- tum veri heredis jus suuni buc vsque minime prosequentis, a tempore trium mensium, uel eocirca. In cujus inquisitionis testimonium sigilla dicti vicecomitis deputati et quorundam qui dicte inquisitioni intererant, presentibus, breui incluso, sunt appensa, anno, die, mense, et loco supradictis.
Retoue of William Striueling, as beir of William Striuelyng of Cadder, in tbe lands of Branzeid and Bawincleir, 12tb May 1506.
77. Hec inquisicio facta apud burgum de Dunbertane, in pretorio eiusdem, coram nobile et prepotente domino, Matbeo comite de Leuenas, domino Dernle, et vicecomite de Dunbertane, xii° die mensis Maii, anno Domini millesimo quingentesimo sexto, per hos subscriptos, viz. Robertum Sympill de Foulwod, Alexandrum Ardincaple de eodem, Robertum Danzelstoun de Culgrane, Andream Cwnygam de Driunquhassill, Walterum Logane de G-artcomvell, Wilelmimi Dowglas de Laidcanroch, Jacobum Lekky, Vchtbredum Knok, Tbomam Sympill, Vmfridum Lenax, Patricium McGregor, G-eorgeum Stewart, Robertum Naper, Wilelmum Levingstoun de Kilsyth, et Wilehnum Lyndesay. Qui jurati dicunt, quod quondam Wilehnus Striuelyng de Cadder, pater Wilebni Striuelyng latoris presentium, obiit vltimo vestitus et sasitus, vt de feodo, ad pacem et fidem supremi domini nostri Regis, de terris de Branzeid et Bawincleir, cum pertmentiis, jaceutibus in comitatu de Leuenax infra vicecomitatum de Dunbertane. Et quod dictus Wilehnus est legittimus et propinquior heres eiusdem quondam Wilehni patris sui, de dictis terris cum pertmentiis. Et quod est legittime etatis. Et quod dicte
284 KEIR PAPEES. [1507.
terre cum pertinentiis valent nunc per annum viginti libras, et tempore pacis valuerunt nouem mercas. Et quod tenentur in capite de Colino Cambell de Achinoye per serui- tium warde et releuii. Et quod nunc sunt in manibus dicti Colini Cambell legitime per seipsum, ob mortem dicti quondam Willelmi, qui obiit per spathun trium mensium ultimum elapsum, vel eo circa, in defectu veri heredis jus suum hucusque minime pro- sequentis. In cujus rei testimonium, sigilla quorundam eorum qui dicte inquisitioni intererant, vna cum breve Kegio intus clauso, sub sigillo dicti domini vicecomitis, presentibus sunt appensa, anno die, mense, et loco prescriptis.
Instrument of Resignation in favour of John Striueling of Cragbernard Kniglit, of part of the lands of Glorett, 9th Feb. 1507.
78. In Dei Nomine Amen : Per hoc presens publicum Instrumentum cunctis pateat euidenter, quod Anno Incarnacionis Dominice, millesimo quingentesimo septimo, mensis vero Februarii die nono, indictione vndecima, pontificatus sanctissimi in Christo patris et Domini nostri, domini Julii diuina prouidencia pape secundi, anno quarto : In mei notarii publici et testiivm subscriptorum presencia, personaliter con- stitutes honorabilis vir, Dauid Someruaile de Plane, non vi aut metu ductus, nee errore lapsus, sed sua niera et spontanea voluntate, totam et integrant vnam partem de sep- tima parte terrarum suarum de Glorett, cum pertinenciis, jacentium in comitatu de Levynnax, infra vicecomitatum de Dunbertane, in manibus nobilis et potentis domini, Mathei Comitis de Levynnax, domini superioris earundem, a se et heredibus suis im- perpetuum, in fauorem honorabilis viri, Johannis Striueling de Craigbernard militis et heredum suorum, per fustem et baculum siu-sum reddidit, pureque et simpliciter resig- nauit : Qua resignacione sic vt premittitur facta, idem Matheus Comes de Levynnax, dictam vnam partem de septima parte dictarum terrarum de Glorett, cum pertinenciis, prefato Johanni Striueling de Craigbernard militi, et suis heredibus quibuscunque hereditarie, per deliberacionem fustis et baculi, dedit, contulit, pariterque deliberauit ; secundum tenorem carte desuper aficiende : Insuper predictus Dauid Someruaile fidel- iter fidemedia se obligauit, ac firmiter promisit, quod sufficientem literam obligatoriam, sub suo proprio sigillo sigillatam, in vberiora forma obligacionis, pro se et heredibus suis, ad warantizacionem et securitatera totius et integre prenominate vnius partis de septima parte prefatarum terrarum de Glorett, cum pertinenciis, dicto Johanni Striueling de Craigbernard militi, et suis heredibus quibuscunque, contra et aduersus Dominum de Bord, heredes suos et assignatos, necnon contra omnes mortales, faceret et donaret : Super quibus omnibus et singulis prefatus Johannes Striueling de
1508.] CHARTERS, ETC. 285
Craigbernard miles a me notaxio publico subscripto sibi fieri petiit, instriunentimi aut instrumenta, vnuni vel plura, publicum seu publica : Acta erant hec in capella regia infra nouam fabricam supremi domini nostri Regis, situatam prope monasterium Sancte Crucis de Edinburgh, sub anno, die, mense, indictione, et pontificatu quibus supra : Presentibus, reuerendo in Christo patre, Dauid Episcopo Lismorensi, Waltero Striue- ling, Patricio Danzelstoune, "Willehno Flernyng, Thonia Somervaile, cum diuersis aliis ad premissa voeatis specialiter et rogatis.
Et Ego Willelmus Danzelstoune, clericus Glasguensis diocesis, sacra apostolica autoritate notarius : Quia, etc. Whleliius Danzelstotjn.
Charter by Matthew, Earl of Levinax Lord Dernlie, to John Striuiling of Cragbernard, Knight, of the lands of Glorat, 27th May 1508.
79. Omnibus hanc cartam visuris vel audituris, Matheus Comes de Levinax, Dominus Dernlie, etc., Salutem in Domino sempitei'nam : Noueritis nos dedisse, concessisse, et hac presenti carta nostra confimiasse . . . honorabili viro, Johanni Striueling de Cragbernard militi, omnes et singulas terras de Glorat, extendentes annuatim ad nouem libratas, decern solidatas et quinque denariatas terrarum, cum obulo, antiqui extentus, cum suis pertinenciis, jacentes in comitatu nostro de Levinax, et infra vice- comitatum de Dunbertane ; de quibusquidem terris de Glorat . . . vna pars earundem, extendens annuatim ad duas libratas septemdecim solidatas et duas de- nariatas terrarum antiqui extentus, nobis antedicto domino comiti hereditarie in pro- prietate pertinet, per resignacionem et renunciacionem nobis per Jacobum Flemyng de Borde inde factam ; et residuum dictarum nouem libratarum, decern solidatariun et quinque denariatarum terrarum cum obulo de Glorat . . . fuit Elezabeth Kincaid de eodem, sponse Thome Kincaide ; necnon Jacobi Turnbule, Dauid Someruile de Plane, Cristiane Hepburne et Margarete Hepbume, sponse Walteri Sellar ; et quas Elezabeth Kincaid, cum consensu et assensu dicti Thome sui sponsi, Jacobus Turnbule, et dicta Margareta Hepbume, cum consensu et assensu dicti Walteri Sellar, sui sponsi. per suos procuratores . . . et dicti Dauid Someruile et Cristiana Hejsburne per- sonaliter ... in manibus nostris . . . resignauerunt . . . Tenendas et habendas . . . prefato Johanni Striueling, heredibus suis et assignatis, de nobis, heredibus et successoribus nostris, in feodo et hereditate imperpetuum . Reddendo inde annuatim . . . nobis, heredibus et successoribus nostris, tres sectas curie, ad tria placita nostra capitalia annuatim tenenda apud Balloch ; necnon
2 o
28G KEIR PAPERS. [1508.
wardam, reliuium et maritagium, cum contigerit ... In cuius rei testimonium sigilliun nostrum huic presenti carte nostre est appensum, vnacum subscriptione nostra manuali, apud burgum de Edinburght, vicesimo septimo die mensis Mali, anno Domini millesimo quingentesimo octauo, coram Mis testibus, videlicet, reuerendo in Cristo patre, Dauid miseracione diuina Episcopo Lesmorensi, Johanne Stewart de Mynto, Alexandre Stewart de G-astoune, Johanne Maxwell de Pollok, Georgeo Lindesay, Jacobo Stewart, Magistris Jacobo Stewart, Roberto * Vicario de Erskine,
Willelmo Danzelstoune notario publico, et Willeuno Flemyng, cum multis aliis.
X-
Charter of Confirmation by Matthew, Earl of Lieuenax and Lord Dernlie, of a charter by John Striueling of Cragbernard, Knight, to a Chaplain at the altar of St. Mary, in the Parish Church of Campsie, and in his Chapel of Cragbernard, of an annualrent of twelve merks and ten shillings, from his Lands of Cragber- nard and doret. Both charters dated 6th June 1508.
80. Omnibus banc cartam visuris vel audituris, Matheus Comes de Lieuenax ac Dominus Dernlie, Salutem in Domino sempiternam : Noueritis nos, quandam cartam donacionis et concessions, per dilectum nostrum, Johannem Striueling de Cragbernard militem, factam, sub suo sigillo, Deo Omnipotenti, G-loriosissinieque Virgini Marie, sue matri benignissime, et vni capellano Deo seruienti, et suis successoribus perpetue seruituris, de mandato nostro visam, inspectam, et diligenter examinatam, omni vicio et suspi- cione carentem, intellexisse, sub hac forma : Omnibus hanc cartam visuris vel audi- turis, Johannes Striueling de Cragbarnard miles, Salutem in Domino sempiternam : Noueritis me, in laudem gloriam et honorem Omnipotentis Dei, et gloriosissime Virginis Marie, sue matris intemerate, omnivmique sanctorum peradisi ; pro inco- lumitate et prosperitate excellentissimi et serenissimi principis, Jacobi quarti, Dei gratia Scotorum Regis illustrissimi, postque eius decessum, pro salute anime sue, antecessorum et successorum suorum ; ac pro animarum salute nobilium et potentium dominormn, Mathei Comitis de Levenax Domini Dernlie moderni, superioris domini mei terrarum subscriptarum, antecessorum et successorum suorum ; et quondam
1 Blank in Original.
1508.] CHARTERS, ETC. 287
Andree Stewarte, Domini Avandale, Cancellariique Scocie, Colini Comitis Ergadie Domini Campbell, Georgei Abirnethy, Prepositi ecclesie collegiate de Dunbertane, et Alexandri Stewart de Avandale, et pro salute amine nice, et amine Margarete Abyrnethy coniugis nice, et animarum patrum et matrmn nostrorum, proliumque nostrarum ; ac eciam pro salute omnium illorum animarum, quibus debitor fui iu hoc mundo, et penes quos aliqualiter deli qui ; dedisse, concessisse, et bac presenti carta mea confirmasse . . . dictis Omnipotenti Deo, gloriosissime Virgini Marie matri sue, et omnibus Sanctis peradisi, vnique capellano Dei seruienti, et perpetue seruituro, in ecclesia parochiali de Camsi, et iu capella mea, erecta et fundata in honore beatissimc Virginis Marie, infra locum meum et maneriem de Cragbernard, vnum annuum reddi- tum duodecim mercarum ct decern solidorum monete Scocie, annuatim percipiendiun et leuandmn, ad duos anni terminos consuetos, Penthecostes videlicet et sancti Martini in hieme, per equales porciones, videlicet, sex mercarum et decern solidorum de terris meis de Cragbernard, jacentibus in comitatu de Lievenax, infra vicecomitatum de Dunbertane, et aliarum sex marcarum de terris meis de G-loret, cum pertinenciis, jacentibus in dicto comitatu, infra dictum vicecomitatum do Dunbertane : Tenendum et habendum . . . predictis Omnipotenti Deo, et beatissime matri sue Virgini Marie, dictoque capellano diuina celebranti, et suis successoribus perpetue celebraturis pro animabus suprascriptis, in dicta ecclesia perrochiali de Campsi, ad altare nostre Domine eiusdem, semper et quousque ego, aut heredes mei, edificauero vel edifi- cauerint sacellmn siue capellam in bonore Domine nostre predicte, apud et ad predic- tam ecclesiam perrochialem, et in capella mea de Cragbernarde, a me, heredibus meis et assignatis, in puram et perpetuani elemosinam . . . Volo insuper quod lmiusmodi seruicii siue capellanie donacio, michi et heredibus meis, pre ceteris aliis ct citra omnem aliam ordinariam presentacionem, vere pertineat et spectet : Arceatur eciam idem capellanus, qui pro tempore fuerit, ad continuam residenciam, nee se absentabit a dicto seruicio per spatium quindecim dierum continue, quin ipsa vacabit capellania : Et indies celebrabit, cum dispositus fuerit, videlicet, in dicta ecclesia perrochiali vt supra, ter in omni ebdomida, et in dicta mea capella de Cragbernard, quatuor vicibus, singulis septimanis, tocius anni pro perpetuo : Et ad primum lauatorium, tenebitur cuiuslibet misse populum exhortare, vt dicant vnum Pater Noster, cum salutacione angelica, scilicet, Aue Maria, pro animabus supradictis : Nee licebit eidem capellano, qui pro tempore fuerit, habere seu tenere coneubinam seu focariam continuam ; quin hoc notarie cognito, ipsa vacabit capellania et seruicium : Ita quod quociens vacauerit, heredes mei post meum decessum, sufficientem et ydoneum capellanum ad lmiusmodi seruicium, infra viginti dies post vacacioncm eiusdem quociens contigerit, nominent et
288 KEIE PAPERS. [1508.
instituant : Tenebitur eciam prefatus capellanus, qui pro tempore fuerit, omni sexta feria singulis annis perpetue, orare et dicere Placebo et Dirige, cum collectis consuetis, pro animabus supradictis, vt desuper voluerit coram summo rendere judice : Volo eciam quod dicti decern solidi sepedicti annui redditus omni anno exponantur in pane vino et candela cerea, pro sustentacione missarum liuiusmodi seruicii ... In cuius rei testimonium sigillum meum huic presenti carte mee est appensum, apud Inchennen, sexto die mensis Junii, anno Domini rnillesinio quingentesimo octauo, coram hiis tes- tibus, Johanne Stewart de Mynto milite, Magistro Adam Culquhone, Rectore de Govane, Jacobe Hammyltone, Jolianne Paris, Roberto Callander de Dowratour, Willehno Flemyne, et Waltero Striuelyng : Quamquidem cartam, donacionem et con- cessionem in se contentas, in omnibus suis punctis et articulis, niodis et circumstan- ciis, forma pariter et effectu vt prescriptum est, ratificamus, approbamus, ac pro nobis, heredibus nostris et successoribus, imperpetuum confirmamus : In cuius rei testimo- nium sigillum nostrum huic presenti carte nostre confirmacionis est appensum, apud maneriuni nostrum de Inchennen, sexto die mensis Junii, anno Domini milleshno quingentesimo octauo, coram hiis testibus, [lit in carta co>ifirmata,~] cum diuersis aliis.
Charter by Matthew, Earl of Leuenox Lord Dernly, to William Stryuelyng, son of John Stryuelyng of Cragbernard, Knight, of the lands of Glorat, 10th October 1508.
81. Omnibus hanc cartam visuris vel audituris, Matheus Conies de Leuenax et Dominus Dernly, Salutem in Domino sempiternam : Noueritis nos dedisse, concessisse, et hac presenti carta nostra confirmasse . . . dilecto seruitori nostro, Wilelrno Stryue- lyng, filio dilecti consanguinei nostri, Johannis Stryuelyng de Cragbernard militis, omnes et singulas terras de Glorat . . . jacentes in comitatu nostro de Leuenax, infra vicecomitatum de Dunbertane : Que quidem terre, crnn pertinenciis, fuerunt hereditarie prefati Johannis Striuelyng de Cragbernard militis ; et quas idem apud terras de Gonze in Kylsith, coram diuersis testibus, in manibus nostris . resignauit . . . Tenendas et habendas . . . dicto AVilelmo Striuelyng, et heredibus suis masculis de corpore suo legittime procreatis seu procreandis ; quibus deficientibus, Waltero Striuelyng, fratri suo germano, et heredibus suis masculis de corpore suo legittime procreatis seu procreandis ; quibus forte deficientibus, prefato Johanni Striuelyng de Cragbernard, heredibus et assignatis suis quibuscunque ; de nobis, heredibus et successoribus nostris, in feodo et hereditate imperpetuum Reddendo inde annuatim . . . nobis, heredibus et successoribus nostris, tres sectas
1509.] CHARTERS, ETC. 289
curie ad tria placita nostra capitalia annuatim tenenda apud Ballaeh ; necnon waxdam, reliuium et maritagium, cum contigerit ; ac eciam capellano perpetuo diuina celebranti et imperpetuum celebraturo, in capella scituata infra dictum locum de Cragbernard, et ecclesiam parochialein de Campsy, et suis successoribus capellanis, vnum annuum red- ditiun sex mercarum vsualis monete Scocie, annuatim percipiendmn et leuandum ad duos anni terminos consuetos, Penthecostes videlicet et sancti Martini in hienie, per equales porciones, de omnibus et singulis predictis terris de Glorat . . . Eeseruato tamen libero tenemento omnium et singularmn predictarum terrarum de Glorat . . . prefato Johanni Striuelyng de Cragbernard, pro toto tempore vite sue ; necnon racio- nabilem terciam partem earundem, sponse sue, cum contigerit : In cuius rei testimo- nium sigillum meum huic presenti carte mee est appensum, apud locum nostrum de Inchynane, decimo die niensis Octobris, anno Doinini millesimo quingentesimo octauo, coram hiis testibus, reuerendissimo in Christo patri ac domino, domino Dauid Hamil- toune, miseracione diuina Argadiensi episcopo, Jobanne Sympill domino de Fouluod, Patricio Danzelstone filio domini de Cougrane, domino Jacobo Knox presbitero, Matheo Steuart, et Johanni Lairgis, cum multis aliis.
Charter by John Striueling of Kere, Knight, to the Chaplains at the Altar of St. Mary, in the Cathedral of Dunblane, of an annuabent of £20 out of his lands of Schanraw, 2nd October 1509.
82. Vniuersis sancte matris ecclesie filiis presentem cartam visuris vel audituris, Johannes Striueling do Kere miles, Salutem in domino sempiternam. Quia per deuotas orationes ac missarum celebraciones, vbi filius hominis pro peccatis nostris offcrtur, pie creditur peccata dimitti purgatoriique penas demolliri, et ab eisdem penis defunctorum animas frequencius liberari ; Ideoque, noueritis me, in diuini cultus augmentmn, ac caritatis intuitu, ad laudem et honorem Dei omnipotentis, et beatissime virginis Marie, et beate Anne, matris eiusdem beatissime virginis, et omnium sanctorum celestis curie ; necnon pro salute animarmn illustrissimi principis supremique domini nostri Jacobi quarti Dei gracia Scotorum Regis moderni, et serenissime principisse Margarete Eegine Scocie, consortis sue, et pro salute animarum prolium antecessorumque et successorum suorum, necon pro salute animarum Luce Striueling, dominorum Wilelmi Striueling aui mei, et Wilelmi Striueling patris mei, militum, Margarete Cunynghame auie mee, Margarete Creichtoun Domine Sympile matris mee, et Katherine Striueling Comitisse Angusie sororis mee, necnon et pro salute anime mee, vxorisque mee, nostrorumque anteces- sorum et successorum, et pro animabus omnium fidelium defunctorum ; dcdissc, con-
290 KEIR PAPERS. [1509.
cessisse et hac presenti carta mea confirmasse, ornnipotenti Deo, beatissimeque Dei genitrici virgini Marie, et omnibus Sanctis, et altari eiusdem beatissiine virginis Marie in naui ecclesie catliedralis Dunblanensis situato, ex parte boreali eiusdem, ac discretis viris Dominis Thonie Myllar et Archibaldo Balcomy capellanis, eorumque succes- soribus, capellanis perpetuis ad dictum altare beate virginis Marie, Deo seruituris et seruientibus imperpetuum, vnum annuum redditum viginti librarum vsualis monetc regni Scocie annuatim leuandum et percipiendum de terris de Schanraw, Wodland et Kippanerate, et molendinis de Strowy et de Keir, cum pertinenciis, jacentibus infra vicecomitatum de Perth ; ad sustentacionem dictorum duorum capellanormn et suc- cessorum suorum, capellanorum ad predictum altare beate Marie diuina celebrantimn et celebraturoruni, videlicet, dicto domino Thonie Myllare et successoribus suis, capel- lanis ad idem altare Deo seruituris, decern libras prefati annui redditus . . de predictis terris . . . necnon dicto domino Archibaldo Balcomy, et succes- soribus suis capellanis eciam ad idem altare Deo seruituris, decern libras dicti annui redditus . . . de predictis molendinis . . . quibus molendinis . . . defi- cientibus precipiendas et leuandas de terris de Strowy et de Keir predictis cum perti- nenciis, in puram, meram, liberam, et perpetuam elimosinam. Tenendum et habendum ac possidendum dictum annuum redditum . . prenominatis dominis Thome
Myllar et Archibaldo Balcomy, pro eorum vite temporibus ad dictum altare Deo serui- entibus, et suis successoribus capellanis ad idem altare in dicta ecclesia cathedrali Dunblanensi imperpetuum Deo seruituris, in meram, puram, et perpetuam elemosinam, a me et heredibus meis imperpetuum . . . Faciendo inde annuatim, et in dies dicti domini Thomas Myllar et Archibaldus Balcomy ac successores sui, capellani per- petui dictarum capellaniarum ad predictum altare beate marie Virginis, per se aut per ydoneos capellanos per ipsos, de licensia consensu et assensu mei et heredimi ac succes- sorum meorum patronorum capellaniarum et altaris predicti, ad seruiendum dicto altari substitutos, missarum et aliarum oracionum diuinarum pia et cotidiana suffragia tantum. Volo eciam et ordino, quod prefati clomini Thomas Myllar et Archibaldus Balcomy et successores sui, capellani perpetui capellaniarum et altaris antedicti, qui pro tempore fuerint, in ciuitate Dunblanense personaliter continuam faciant residenciam, et diuina celebrent ad altare predictum ; et si abinde negligentes et vagi fuerint, vel aliquis eorum negligcns seu vagus fuerit, per duos menses, sine speciali licencia, a me heredi- bus meis et successoribus, patronis vt premittitur, petita et obtenta, volo quod capel- lania illius vagi et negligentis per dictum tempus in manibus meis heredumque meorum et successorum, patronorum ut premissum est, pure et simplicitcr vacabit eo facto. Yolo eciam, concede, ac per presentes ordino, quod presentacio siue jus patronatus
1509.] CHARTERS, ETC. 291
tociens quociens dicte capellanie vacauermt, seu altera earum vacauerit, ad dictam Margaretam Creichtoun meam inatrem, pro toto tempore vite sue, et post eius decessum ad me meos heredes et successores, patronos vt supra, imperpetuum pertineat : collacio vero seu instituoio semper ad reuerendum in Cliristo patrem Jacobum miseracione diuina Episcopum Dunblanensem et successores suos, qui pro tempore fuerint, pertineat. Et si contingat me, heredes meos vel successores, patronos vt supra, nullos presentare capellanos ydoneos, vel capellanum ydoneum, ad capellanias vel capellaniam predictas, infra duos menses immediate sequentes post vacacionem earum vel alterius earundem ; collacio vero capellaniarum seu capellanie antedictarum sic vacantium, tunc ad manus dicti reuerendi patris, et successorum suorum Episcoporum Dunblanensium qui pro tem- pore fuerint, deuoluitur ilia vice dumtaxat, et hoc tociens quociens negligentes erunt patroni in presentacione capellaniarum seu capellanie supradicte ... In cuius rei testimonium sigillum meum huic presenti carte mee fuudacionis capellaniarum supra- dictarum est appensmn, apud dictam ciuitatem Dunblanenseni, secundo die mensis Octobris, anno Domini millesmio quingentesimo nono, coram hiis testibus, reuerendo in Christo patre Jacobo Episcopo Dunblanensi, circumspectis et discretis viris, Magistro Henrico Quhite Officiali Dunblanensi etc., Dominis Jacobo Wilsone, Johanne Cheis- holme, dicte ecclesie cathedralis Dunblanensis Canonicis, G-eorgeo Sinclare, Magistro Wilelino Sinclare, Domino Thoma Row capellano, et Andrea Mortoun notariis publicis
cum diuersis aliis.
John Striueling of ye Keir.
Charter by William Menteth of West Kers, Knight, to William Striueling of Gader, of the lands of Vchiltreis, 7th February 1509.
83. Omnibus hanc Cartam visuris vel audituris Willelmus Menteth de West Kers miles, et domiuus baronie eiusdem, Salutem in Domino sempeternam. Noueritis me dedisse, concessisse, et hac presenti carta mea confirmasse . . . honorabili viro Willelmo Striueling de Cader, omnes et singulas terras de Vchiltreis, cum manerio et molendino earundem emu suis pertinenciis, jacentes in dicta mea baronia de West Kers, et infra vicecomitatum de Striueling, pro gratitudinibus et beneficiis michi per dictum Wil- lelmum multipliciter impensis ; quequidem terre de Vchiltreis . . . prius fuerunt dicti Willelmi Striueling hereditarie, et per ipsum de me, tanquam domino et barone dicte baronie de West Kers, in capite tente. Non obstante omnes et singule terre dicte mee baronie . . . fuerunt recognite in manibus suprenii doniini nostri Regis, ex et pro eo quod maior pars predictarum terrarum et baronie fuit alienata, sine consensu, licencia aut connrmacioue domini nostri Regis aut predecessorum suonmi
292 KEIR PAPERS. [1510.
desuper obtenta, et propter huiusmodi causam, tota dicta mea baronia de West Kers . fuit forisfacta dicto supremo domino nostro Regi, proivt in quodani decreto dominorum suormn concilij desuper fulminato plenius eontinetur, et post huiusmodi recognicionem et forisfacturam dicte mee baronie, tarn in proprietate quam in tenandria, sic vt premittitur factam, ego dictus Willelmus Menteth, cum dicto supremo domino nostro Rege, et suo thesam'ario nomine suo, pro noua infeodacione in omnibus et singu- lis terris et baronia de West Kerss . . . composui, et hujusmodi infeodaeionem realiter optinui, cum plenariis consensu et licencia a dicto supremo domino nostro Rege ad alienandmn tenentibus meis et eorum beredibus suas tenandrias dicte mee baronie, quas de me prius tenuerunt et possederunt . . . prout in carta regia sub suo magno sigillo desuper confecta plenius eontinetur : Tenendas et habendas . prefato Willelmo Striueling beredibus suis et assignatis, de me et beredibus meis, baronibus dicte baronie de West Kers, in feodo et bereditate imperpetuum . Reddendo inde . . . wardam et releuium cum contigerit, necnon tres sectas ad tria mea placita capitalia annuatim apud baroniam meam de West Kerse tenenda, cum aliis seruiciis debitis et consuetis. In cuius rei testimonium sigillum meum huic presenti carte mee est appensum, apud burgum de Edinburgh, septimo die mensis Februarii, anno Domini niillesiino quingentesimo nono, coram hiis testibus, videlicet, Roberto Menteth filio meo, Rankino Menteth, Duncano Menteth, Willelmo Menteth, ma- gistro Johanne Striueling, Roberto Striueling, et Willebno Hamnryltoun, cum multis aliis.
Discharge by William Menthet of the Kers, Knight, to William Striuelyng, Laird of Caddar, 3rd June 1510.
84. Be it kend til al men be thir present letteris, me William Menthet of the Kers knycht, granttis me to haue ressayit fra ane honorabile man, Willeme Striuelyng Lard of Caddar, the sowme of thre schor of markis and ten markis, of gud and vsuel mony of Scotland, in part of payment of ane mayr sovme for the racunysyng wtquyttyng of the landis of Huchiltre, quhilkis landis wes racunest in our Souerane Lordis handis, and now is in my handis as ourlord, and I the said Schir Willem Menthet is bowndyn to the trazarar thairfor. And I the said schir Willem Menthet grantis me weil [contentit] and payit of the said sovme of thre schor of [markis and ten] markis, and dis- chargis and quytclemes the said Willem Striuelyng of Caddar, is ayris, executouris and assignais, be me, my ayris, executouris and assignais, for now and euer. In witnes of the quhilk thyng, I haue affixit to my seil to this present writ, the thrid day of Junij, the zer of Cod I™ v°. and ten zerris, at Aluetht, be for thir witnes, Master
1510.] CHARTERS, ETC. 293
Johne Striuelyng, Schir Johne Red, Johne Menthet, Thomas Drummond, Willem Menthet and Thomas Blar, with vderis diueris witnes.
Indenture between Robert Lord Erskin, and William Striuelyng of Glorat, Keeper of the Castle of Dunbertane, 24th June 1510.
55. Thir Indentouris maid at the Castale of Dunbertane, the xxiiii dai of the nioneth of Jwne, the zer of God K1 V^ and ten zeris, contenis, proportis, and beris witnes, that it is apointit and concordit betuix ane nobill and mychty lord, Robert Lord Erskin, on the ta part, and Williame Striuelyng of Glorat, kepar of the said Castale of Dun- bertane on the tother part, in maner efter folowmg ; videlicet ; The said William deli- uerit, the dai of the dait herof, to the said Robert Lord Erskin, the said Castale, wyth the geir and gudis vnderwrittin : In the first, in Sanct Patrikis Chapell, seituat within the said Castale, ane auld mess buk of perehement, ane tyne chaless, a chesabill of auld grene satene, ane alb, a stole, a fanone, a amet, twa towellis for the altar, a cor- porall, ane altar stane, a crowat : Item, in the said Chapell a mane myll : Item, in the Kyching of the said Castale a brandraich of irne : Item, in the Pantre of the said Castale, ane almore : Item, in the Hall of the said Castale, four burdis, wyth formis according to thaim : Item, in the Chalmer of Dess of the said Hall, a waist stand bed, wyth a waist press : Item, in the Sellar of Wallastoure, tua gamellis : Item, in the Mydhous of the said Wallastoure, a stand bed tvme : Item, in the Vuerhous of Walles- tour, a waist stand bed and a waist press : Item, on Wallastour hed, a bell : Item, at the entre of the said Wallastour, ane irne zet wyth a bar of irne : Item, in the Wynde- hall, a waist bed : Item, vnder the said Wyndehall, ane irne zet : The quhilkis geir and gudis abone expremit, the said Williame Striuelyng, kepar of the said Castale of Dunbertan forsaid, deliuerit to the said Robert Lord Erskin, as proper gudis pertenyng to our souerane lord, be resoun of keping of the said Castale : In witnes of the quhilk thing, to the part of thir Indentouris remanand with the said Robert Lord Erskin, the said William Striuelyng has affixt his sele ; and inlikwis, to the part of thir Indentouris remanand with the said William Striuelyng, the said Robert Lord Erskin has affixt his sele, dai, zer and place forsaid, befor thir witness, Robert Sympill of Foulwod, Dauid Fallusdell, Johne Elder, balzeis of the burgh of Dunbertane, Johne Robisone, Thomas Dowglas, and George Fallusdell, with vtheris diuers and mony.
2 p
294 KE1R PAPERS. [1510.
Decree Arbitral between John Hamylton of Pardowy, John Logan of Gartconvel. and others, 8th November 1510.
86. At Edinburgh the viii day of November the zeir of God I?"vc. and ten zeiris, We William Byschop of Abirdeen, Andro Byschop of Caithnes, Dauid Byschop of Ergile, George Postulat of the Ylis, Matho Erll of Levinax, and Master James Henrison of Stratonhall Justice Clerk till our souerane Lord ; jugis arbitouris and amicabill coni- positouris chosin to consider and modify quhat sovmes of money Johne Hammyltoun of Pardowy and the remanent personis vnderwrittin has debursat and expendit apoun Thomas Galbraith of BalMndrocht, for the alienacioun maid to thame be him of the landis efter following, that is to say, to the said John Hammylton five pund land of Blacharne, to Johne Logan of Gartconvel v £ land of BalMndrocht, to Vchrede Knox v £ land of Gawistoun, to Johne Stewart Brother to my lorde of Levinax v £ land of Kirkpennyland, to Johne Stewart of Blakhal v £ land of Kirkpennyland, to Peter Culc|uhone v nobillis worcht of land of Kirktoun, and to Alan Stewart v nobillis worcht of land of Bankell, and according to the qualitie thairof ilk ane to remane, etc. ; and als chosin to consider quhat suld be done to partiis havand interes in the said mater, like as is contenit in diuers actis and compromissis maid heirapon : We, havand considera- tion of the merits of the said caus, and the richtis of the partiis contenit, in the said compromiss be ws herd sene and vnderstand ; in the first, has considerit and fund that the saidis persounis has expendit and debursat for the said sex five pund land, the sovm of sex hundreith markis vsuall money of Scotland, apoun the said Thomas Gal- braith to his sustentatioun and expenses of tynies bigane ; and becaus the saidis per- sounis has nocht pait the avale of the said landis, and has takin vp the proffitt thairof, and has na confirmatiounis of the kingis grace thairapoun, we ordane thame to pay to our souerane lorde the sovm of nyne hundreith merkis for his confirrnatioun to be gevin to thame and his interes thairintill, to be appliit and disponit as plesis his hienes or his thesaurar ; And the part of the landis quhilk James Galbraith has to be fre to him in liverent, for expenses quhilk he has maid in the said mater, apoun the quhilkis landis euerie ilk ane of the saidis persounis sail, efferand to thair part, and efter the rate of the said sovmes, equaly mak reuersiounis in due forme to the said Thomas Galbraith and his airis, that quhat tyme he or thai [redemis] the saidis landis that thai sail geue full regress thairto, and [quhilk] reuersiounis salbe extendit in the largest forme ; And gif ony of the saidis persounis beis nocht content to pay the said new expenses, attour the said vic markis, ony of the vtheris that plesis to be assignais to the said Thomas for the redemying of that part of the said landis, payand to the
1510.] CHARTERS, ETC. 295
kiugis grace the new expensis, and to the party that beis nocht content the aid expensis efter the rait of the land, the said Thomas havand reuersioun of thame that pais the said sovnies as efferis, efter the quantity and rate forsaid ; and that the breif of ydeotry quhilk is to be led on the said Thomas haue passage and be full seruit apoun him fra this day forwart, and he to be interdicit fra all maner of alienatioun of reuersionis landis or heretagis quhatsuineuer, with decrete irritant and publieatioun to be maid thairof be opin proclamatioun as efferis, with interpositioun of the lordis of Counsalis auctorite etc. And als we deliuer and ordane that the saidis persounis abufwritin sail amang tham content and pay to the said Thomas Galbraith zeirly, tuenti pundis to his sustentatioun for his lyfetyme, to be partit amang thaim, ilkain payand his part, according to the quantite of the landis that he has. And this oure sentence gevin and pronuncit at day and place forsaidis, and ordanis the samin to be registrait in the bukis of Counsale, and haif the effect of the decrete of the lordis of consale. Witnes present at the said pronunciatioun, William Erll of Montross, Schir Alexander Makcullocht, William Scot of Baluery knychtis, Master Johnne of Murray, and Robert Lausoun of Hieriggis with vtheris.
Tenet hec copia cum principali, copiata et collacionata per me notarium publicum
subscriptimi, nil addito aut diminuto, quod effectual mutaret vel substantiam
variaret, teste manu propria hie me subscribendo.
Willelmus Haliburtoun Notarius Publicus manu sua.
Chabtee by Alexander Lord Hwyme to his beloved uncle, Adam Creichtoun of Rothwens, Knight, and Isabella Gray, his spouse, of the half lands of In- neralloun, 4th April 1510.
87. Omnibus hanc cartam visuris vel audituris, Alexander Dominus Hwyme, Salutem in Domino sempiternam. Noueritis me concessisse, vendidisse, ac titulo pure venditionis alienasse, ac presenti carta mea confirmasse . . . dilecto auunculo nieo, Ade Creichtoun de Rothwens militi, et Esobelle Gray sue sponse, et eorum alteri diutius viuenti in coniuncta infeodatione, totam et integram dimeditatem omnium et singu- larum terrarum de Inneralloun, vnacum dimeditate molendini eiusdem, cum multuris, sequelis et terris molendinariis eiusdem, cum vniuersis pertinentiis earandern, jacentium infra vicecomitatum de Streueling et baroniam de Howyme, pro quadam certa pecunie summa michi per dictimi Adam premanibus persoluta in pecunia munerata, et in vsuni meiuu totaliter conuersa . . . Tenendas et habendas omnes et singulas dictas dimeditates omnium et singularum predictarum terrarum de Inneralloim
296 KEIR PAPERS. [1513.
de me et heredibus meis, in feodo et hereditate imperpetuum . . . Reddendo inde annuatim . . . vnum denarium vsualis nionete regni Scotie, in festo Penticostes, super solum dictarum terrarum, nomine albe firme, si petatur ... In cuius rei testimonium sigillum meum huic presenti carte mee est appensum, vnacum subscrip- tione mea manuali, apud Edinburgh, quarto die mensis Aprilis, anno domini millesimo quingentesimo decimo, coram hiis testibus, Patricio Heriot, Roberto Trumbul, Willelmo Creichtoun et Magistro Alexandre Dempstar.
4*$^
Precept of Sasine by Alexander Lord Hume, Great Chamberlain of Scotland, for infefting Katherine Striueling and John Hume in the lands of Innerallone, 11th June 1513.
88. Alexander Dominus Hume, Magnus Camerarius Scotie, dilectis meis magistro Willelmo Sinclar, Willelmo Striueling, ac eorum cuilibet, coniunctim et diuisim, balliuis meis in hac parte specialiter constitutis, Salutem. Quia, pro speciali fauore quern habeo et gero erga dilectam meam Katrinam Striueling, filiam quondam Willelmi Striueling de Keir militis, et Johannem Hume meum filium, inter me et dictam Katrinam pro- creatum, et pro gratuitis et benemeritis michi per eos multipliciter impensis, dedi, concessi et confirmaui hereditarie, predicte Katrine in vitali redditu, pro toto tempore vite sue, et dicto Johanni Hume meo filio et heredibus hereditarie, totas et integras terras meas de Innerallone, cum molendino et pertinenciis earundem, jacentes infra vicecomitatum de Striueling prout in carta . . . desuper confecta plenius con- tinetur : Vobis igitur et vestrum cuilibet, precipio et firmiter mando quatenus, visis presentibus indilate statum sasinam et possessionem corporalem predictarum terrarum de Innerallone, cum molendino et pertinenciis earundem, predicte Katrine in vitali redditu, pro toto tempore vite sue, et dicto Johanni Hume in hereditate, secundum tenorem dicte carte mee quam de me inde habent, juste deliberetis et haberi faciatis sine dilatione, et hoc nullo modo omittatis. Ad quod faciendum, vobis et vestrum cuilibet, coniunctim et diuisim, balliuis meis in hac parte antedictis, meam plenariam et irreuocabilem tenore presentium committo potestatem. In cuius rei testimonium sigillum meum presentibus est appensum, vnacum subscriptione mea manuali, apud Edinburgh, vndecimo die mensis Junii, anno Domini millesimo quingentesimo decimo tertio.
Alex. L. Hom.
1513.] CHARTERS, ETC. 297
Letter of Reversion by Walter Forestare of the Torwoude, Knight, to John of Striuelyng of the Keir, Knight, of the lands of Dachlewane, 18th July 1513.
89. Till all and sindrie quham it efferis, quhais knaulage thir present letteris saltocuin, Walter Forestare of the Torwoude, knyoht, Greting in God euerlesting : Wittis zoure vniuersites, that albede ane honorable man and my gude sone in law, Johne of Striue- lyng of the Kere, knycht, has infefft me heretabli be chartir and saising, in all and hale his lanclis of Dachlewane, with thare pertinentis, lyand in my barony of the Kere, within the shirefdome of Perth, like as at mare lynth contenit in the said chartir and euidentis maide to me thareupone : Neuirtheless I will and grantis, and alsua lelely and treuly bindis and oblisis me rnyne airis and assignais, that quhat tyme or howsone it sail happiii the said Schir Johne of Striueling, or his airis male gottin of his body, tocum to the perich kirk of Striueling, and thare upone the hie altare of the samyne, and pais and contentis to me myne airis or assignais, the sovnie of twa hundreth niarkis gude and vsuale money of the kinrik of Scotland, in ane hale sovnie and togiddir, in money numerat and tauld, on ane day betuix the sone rising and the ganging to of that ilk ; neuertheles I the said Schir Waltir Forestare, myne airis or assignais, be the said Schir Johne of Striueling or his ayris male gottin of his body, to the ressate of the said sovnie of twa hundreth niarkis lauchfully warnit apone fourety dais of before, othir personaly or at oure duelling placis that beis for the tyme, in presens of ane notar and witnes as efferis, than and in continent I the said Schir Waltir myne ayris or assignais, quhilkis happinis, possessor of the saidis for the tyme, sail purly and simply resigne, renunce, quitclame, discharge and frely ouregif to the said Schir Johne of Striueling and his airis male gottin of his body as said is, all and hale the saidis landis of Dachle- wane with thare pertinentis, togiddir with all vthir euidentis maide thareupone, and with all rycht and clame, propirte and possessioun thareof be thir presentis. And gif it happinis me the said Schir Waltir Forestare of the Torwoude, knycht, myne airis or assignais fraudefully or wilfully to absent ws fra the ressate of the sovnie of twa hun- dreth markis in money forsaid, we beand lauchfully warnit as saide is, in that cais it salbe Mull to the said Schir Johne of Striueling of the Ker, knycht, or his airis male gottin of his body, to pas to the said altare and nmner and tell the said sounie, and put it in the handis of the Prouest or Baillies of the said burgh of Striueling that beis for the tyme, in sikkir and sure keping to the vtilite and proffet of me the said Walter myne airis or assignais, and the said Schir Johne and his airis male gottin of his body to haue full regies to the saidis landis but ony proces of law. In witnes of the cmhilk thing to thir my present letteris my sele is aflixit. with the subscriptione of my
298 KEIK PAPERS. [1513.
hand, at Edinburgh, the xviii day of July, the zere of God 1™ v? and tkrettene zeris, befor thir witnes, George Schaw of the Knokkill, Johne of Striueling, fadir brother to the said Schir Johne, Robert Smyth and Edwerd Spetale, with vthir diuers.
Walt. Forst, w' ruy hand.
Decree of Recognition against John Striuelyng of the Keir, of the lands of Lupno, etc. 12th May 1513.
90. At Edinburgh, the xii day of Mali, the zer of God 1™ Vc. and xiii zeris ; the Lordis of Counsale vndirwrittin, that is to say, ane maist reuerend fader in God, James Arche- bischop of Glasgw, ane noble and mychty lord, Williame Lord Borthuik, Maister Gawine Dunbar Archedene of Sanctandrois, Clerk of the Registre, Williame Scot of Baluerye knycht, and Robert Coluile of Vchiltre ; clecretis and deliueris that Schir Johnne Striueling of the Keir, knycht, and all vtheris, havand or traistand to have interes to the landis of Lupno, Dauchlewan and Raterne Striueling, vthire wayis callit the Cogis of Straithalloun, has tynt thar propirte and possessioun thareof, and decernis the samyn to pertene to oure souerane Lord, and to be disponit at his plesoure, as his propire landis in tyme to cum : Because the maist part of the saidis landis is analyt without licence, consent, or confirmatioun of oure said souerane Lord or his predices- souris, thai beand haldin of his Hienes immediately, be seruice of warde and releif ; and nochtwithstanding the chartoure of annexatione vnder the gret Seile producit be the said Schire Johnne Striueling ; because the said alienatioun wes maid before the said annexatioun, as wes vndirstand to the saidis Lordis. For the quhilk cause of aliena- tioun, the saidis landis war recognisit in oure souerane Lordis handis, and nocht lattin to borch the space of zer and day efter the said recognitioun being bipast. Oure Souerane Lord comperand be Maister James Henrisoune his aduocat ; the said Schir Johnne being personaly present, and al vtheris havand interes being summond oftimes callit and nocht comperit. Extractum de libro actorum per me Magistrum Gawinum Dumbar, Archidiaconum Sanctiandree, Clericum Rotulorum Registri ac Consilii S. D. N. Regis,
sub meis signo et subscription manualibus.
Gawinus Dunbar.
Assignation by Marion Muschet to Patrick Buchquhannan of Lany, of her third and terce of the lands of Lany, 23rd November 1513.
Jesus. Maria.
91. Be it kend til all men be thir present lctteris, me Marioun Muschet, lady off the fule
If)] 4.] CHARTERS, ETC. 299
thryd of the landis off Lany, with their pertinens, till hafe maid, constitut and ordanit, and be thyr my present letteris maids, constitutis and ordanis ane honorabile man, Patryk Buchquhannan off Lany, my neuo, my veray lauchful assignay, intromet- towre, and factowr, in and to all and syndry the landis pertening to me off my thryd and ters off the landis off Lany, lyand within the stewartry off Menteth and shirefdome off Perth, and al and hail my ters off the landis off Ester and Wester Laydinurquharteis pertening to my part, indwryng all my leving dais in this warld, he sustenand me in met, drink and clath induring my lyftini. Gyffand and granttand to the forsaid Patrik my ful poware to hald cowrtis and here plantis, and thame to correk, and als to set and ras the sammyn landis, to put in and furth the tenentis and cottaris off the sammyn als oft as hym thinkis spedful, syklyk as he doys with his avyn landis, induryng my lyf- tyme. And thairatowr I the forsaid Marion grantis me be the tenour herof, to gyf to the said Patrik, al and hail my dettis that war awand me befor the making off thir pre- sent letteris, and als makis hym be the tenour herof my veray procuratowr indowtabile and irrewocabile, to ask and requir and lyft vp the sammyn dettis, the denyaris to summound and follow with rycht befor quhatsumeuer juge spirituale or temporale, and ther wyn and tyn off law, hald and to effek quhat euer he do thairinto now and for euer. In vitness heroff, becaus I haff nocht ane sel off myn awyn propir, I haf purchest with instans the sel off ane honorabile man, Walter Buchquhannan, at Lany the thre and twenty clay off the moneth off Nouember, the zere off God ane thowsand fyfe hundreth and thretene zeris, befor thir vitness, Patrik Buquhannan zoungar my neuo Donald McVoklyth, Patrik Dow, Donald Reochsoun, Donald McGilmertyn, with diuers vtheris.
Instrument of Division in favour of Alexander Lord Hume, of the lands of Innerallone, 3rd October 1514.
92. In Dei Nomine Amen. Per hoc presens publicum instrumentum cunctis pateat eui- denter, quod anno Incarnationis Dominice millesimo quingentesimo decimo quarto mensis vero Octobris die tertia, Indictione secunda, Pontificatus sanctissimi in Christo patris et domini nostri, domini Leonis diuina prouidentia pape decimi, anno secundo: In plena et plana curia vicecomitatus de Striueling tenta in pretorio eiusdcm die pre- scripto, coram nobili et potenti domino Johanne Domino de Erskin, ac vicecomite de Striueling, meque notario publico et testibus subscriptis, personaliter in judicio com- paruit prouidus vir Andreas Mortoun, procurator et prolocutor nobilis et potentis domini Alesandri Domini Hume ac magni camerarii Scotie. Quiquidem Andi'eas
300 KEIR PAPERS. [1514.
procurator et prolocutor nomine et ex parte dicti domini, humiliter petiit et requisiuit a viceconiite antedicto, deseruitione cuiusdam breuis partitionis siue diuisionis capelle regie per ipsum dominum impetrati et dicto vicecomiti presentati, ac ad cruceni fori de Striueling per Wilelmum Quodquhen seriandum de Striueliug publice proclamati, deseruiendi fori in pretorio burgi de Striueling, die prescripto. Quodquideni breue dictus Johannes Dominus Erskin vicecomes recepit, et ibidem in curia perlegi fecit et suum officiarium seu seriandum in fenestra pretorie de Striueling, partem aduersam, si qua fuerat, pro suo jure et interesse in deseruitione dicti breuis ter per p>roclamatum pub- licum vocare fecit, nullaque parte aduersa comparente, idem Andreas prolocutor nomine quo supra ibidem in curia petiit et clamauit dimediam partem omnium et singularum terrarum de Innerallone, dimediem partem molendini earundem, cum pertinentiis jacentimn infra vicecomitatum de Striueling, et predicto domino pertinentem hereditarie. Et tunc dictus vicecomes eligere fecit condignam assisam ad hoc juratani pro deserui- tione dicti breuis partitionis siue diuisionis, videlicet, honorabiles viros, Duncanum Forestar de Gerden, Ninianum Setoun de Tulchfresale, Walterum Forestar de Torwod milites, Jacobum Edmonstoun de Bouehquhaderok, Arthurum Stewart de Culbege, Jacobum Spettale de Blair, Robertum More de Boquhopill, Richarduni Burne de Hill, Johannem Knok de Ardmanuel, Robertum Calender de Maner, Alexandi'um Lewing- stoun de Treuenteran, Robertum Bruyss de Auchinbowy, Thomam Somervel filium et beredem apperentem Dauid Somervel de Plane, Patricium Pardowin de Threty Akeris, et Walterum Sellar. Qua assisa supradicta, de curia remota, ac cum instructionibus juribus et allegationibus dicti Andree Mortoun prolocutoris bene avisata, in eadem curia reentrans, decreuit, inuenit et deliberauit quod dictus Alexander tenetur habere dime- diem omnium et singularum terrarum de Inneralloun, dimediem molendini earundem, dimediem domuum cum suis pertinentiis, secundum tenorem carte sue. Post quamquidem deliberationem, idem vicecomes, virtute sui officii, desuper sorte mittere fecit vt moris est in talibus fieri consuetum, quibus sortibus sic datis et proiectis, sors dicti domiui Alexandri Hume pro sua parte dictarum terrarum de Inneralloun, dimedia parte molendini earundem, cum pertinentiis cecidit super solem, videlicet le sonesyde. De et super quibus omnibus et singulis dictus Andreas Mortoun, prolocutor nomineque prefati Domini Hume, a me notario publico subscripto sibi fieri petiit vnum aut plura, publicum seu publica, instrumentum aut instrmnenta. Acta erant bee in pretorio prefati burgi de Striueling, bora prima post meridiem vel eocirca, sub anno, die, mense, indictione et pontificatu quibus supra. Presentibus ibidem prouidis viris videlicet, Alexandre Fo- restare de Bad, Johanne Neilsoun, Thoma Porterfeild, Henrico Stewart, Johanne Darow, Johanne Gentilman, Willelmo Burgess, Johanne Galloway, Roberto Fergussoun,
1514.] CHAKTEKS, ETC. 301
Donaldo Howat, seriandis, et Archibaldo Dawsoun, cum diuersis aliis ad premissa vocatis specialiter atque rogatis.
Et ego Robertas Cunynghame olericus Sanctiandree diocesis publicus auctoritate apostolica notarius, Quia etc.
ROBERTUS CtJNYNGHAME.
Obligation by John Earl of Leuenax and Lord Dernlie, to infeft William Striuelyng of Gloret in the lands of Kepocb, 3rd February 1514.
93. Be it kend till all men be tbir present letteris, ws Jobne, Erie of Leuenax and Lord Dernlie : That forsamekle as our traist cousyng and familiar seruitour, Williame Striuelyng of Gloret, has be his labouris, travellis, costis, and expensis, gotten and optenit to ws the Castale of Dunbertane ; and for his faithfull and thankfull seruice maid be hyni to ws in tymis bigane, and to be maid to ws for all the dais of his life : Thairfor we bynd and oblisis ws, be the faitht and treuth in our body, to the said William our seruitour, that we sail, God willing, within ane zer nixt efter the dai of the dait her of, infeft heretablie the said William, for the causis abone expremit, be charter and sesing in dew forme, in all and syndrie our landis of the Kepoch, extend- ing to fyve pund land of aulcl extent, wyth the pertinence, Hand in our erldome of the Leuenax, within the schirefdome of Dunbertane, fre, for a penne of blanchferme, to be haldin of ws and our airis ; and for the sekir infefting of the said William heretablie in the saidis fornemmit landis within the said zer, we sail caus apone our expensis my lady our moder to denud hir of Mr coniunctfeftment and rycht that scho has now of the saidis lands of Kepoch ; swa for the causis abone expremyt we sail caus the said William and his airis to be maid sovir and sekir in the saidis landis, but fraud or gile : And failzeing that we or our airis infeft nocht heretablie be charter and sesing, in the maist sekir wis that can be deuisit, the said William and his airis in the fornemmit landis of Kepoch in maner and kynd forsaid, we bynd and oblisis ws, faithtfully as said is, to content and pay to the said Williame within fourti dais nixt efter the out runnyng of the said zer, the sovme of fyve hundreth merkis of the gud and vsuale money of Scotland for the causis abone expremit, and for costis, scaithis, dammagis, and expensis sustenit and to be sustenit be the said Williame thairthrov : To the obseruyng, keping, and fulfillyng of all and syndre the premissis and euery part of it, we bind and oblisis ws faithtfully as said is, our airis executouris and assignis, our and thair landis, rentis, possessionis, gudis mouable and vnmouable, had and to be had within the kinrik of Scotland, to the said Williame Striuelyng, his airis and assignis, in the siekerest forme
302 KEIK PAPERS. [1514.
and stile of obligatione vsit or that can be maid, na renieid of law in the contrar to be proponit nor allegit but fraud or gile : In witnes of the quhilk thing to thir present letteris, subscriuit with our hand, our sele is amxt, at the burgh of Dunbertane, the third dai of the moneth of Februar, the zer of God E1 vc- and fourtene zeris, befor thir witnes, Master James Stewart, Persone of Cardross, Master Robert Maxwell Persone of Tarboltoune, Patrik Maxwell of Newerk, Johne Sympill of Foulwod, Patrik Danzelstoune, and Anclro Stewart, with vtheris diuers.
Grant by John Earl of Leuenax and Lord Dernle, to William Striuelyng of Gloret, to be Captain and Keeper of the Castle of Dunbertane, during his life, 6th February 1514.
94. Be it kend till all men be thir present letteris, ws Johne, Erie of Leuenax and Lord Dernle, till haf maid, constitut, and ordanit, and be the tenour of thir present letteris, inakis, constitutis, and ordanis our traist cousyng and familiar seruitour, Willianie Striuelyng of Gloret, our Capitane and Kepar of the Castale of Dunbertane induryng all the dais of his lif ; for his thankfull and faithfull seruice maid and to be maid be hyin to ws induryng his said lif tyme : Geiffand, grauntand, and conmiittand to our said Capitane and Kepar of the said Castale, our full plane powere and speciale licence to deput ordane and mak vnder hyme, eonstabillis, portaris, jevelleris, and wachmenc, and thaim to input and output at his will and emplesour, induryng all the dais and tyme of his said lif : And atour assignis and transferris to the said William our Capitane, the hale profit pertenyng to the keping of the said Castale, videlicet, landis, annuell rentis, fermis, gersummis, dewiteis, and dew seruice, with the wache- nieile of Kilpatrik, and all vthir thingis and profitis pertening to the keping of the said Castale : And mar atour we obles ws faithfully to the said Willianie, that quhar he or his seruitoui-is ar disobeyit in the payment getting of the malis, fermis, gersummis, annuell rentis, dewiteis, dew seruice, and wache meil, or in ony pairt of thaim, per- tenyng to the keping of the said Castale ; that we sal incontinent therefter inbring the samin wponc our expensis, to the utilite and profit of the said Williame, to the behuif
1515.] CHARTERS, ETC. 303
and proffit of the keping of the said Castale, als oft and how oft it beis haldin fra the said Williame ; and als sail do all diligence to get mair profit to the keping of the said Castale, at the Kingis handis, or the govcrnour of the realnie : And atom- has con- stitut and maid the said Williame our 13alze of all and hale the landis pertenyng to the keping of the said Castle, liand within the realme of Scotland ; geiffand and grauntand to our said bake, our full and plane power, all and syndrie court or courtis induryng all the dais of his said lif, to hald, set, efferme, and begin of the saidis landis, and thaim to prolong and continew as he sail think caus ; svytis to gar call ; trespassouris to punys ; vnlawes, eschetis, and amerciaments of the said courtis to vplift, rais, and tak to his vse and profit, and for thaim, geif neid beis, to poynd and distrenze ; all membris and officiaris of the said courtis, to chus, mak, and gar be suorne : The landis quhatsumeuer pertenyng to the keping of the said Castale, to set for maile, gersum. and ferine, as he sail think maist speidfull, for lang termis or schort : The men, tenentis, malaris, and cotaris, induellaris apone the saidis landis, thaim to input and out put of the saidis landis, at his will and implesour, and vtheris to input in the samyne as he sail think caus, induryng all the dais of his said lif : The men, tenentis, and inhabitantis within the saidis fornemmit landis, thar corne, catale, or vther gudis quhatsumeuer, attachit or arrestit, for quhatsumeuer caus, befor quhatsumeuer juge of law, to borow, replege, and hame bring to the fredomc and priuilege of our said courtis, eulraichis to fynd dais and places till partiis ; consigna- cioun for ministracione of justice to lymmit and set ; protestacionis to mak, and in- strumentis to rais : Perme and stabill haldand and for to hald all and quhatsumeuer tliingis the said "Williame, our Capitane and Baize forsaid, in our name ledis to be done : And this our letter to last and indure to the said Williame for all the dais of his lif, but fraud or gile : In witnes of the quhilk thing to thir present letteris, sub- scriuit with our hand, our sele is affixt, at Dunbertane, the sest dai of the monetht of Februar, the zer of Cod, l*1 vl and fourtene zeris, befor thir witnes, Master James Stewart, Persone of Cardross, Master Robert Maxwell, Persone of Tarboltone, Patrick Maxwell of Neucrk, Johne Sympill of Foulwod, Johne Logane of Gartconwell, George Culquhen of the Gleyne, and Patrik Panzelstone, with vtheris diuers.
Jhon Erl of Leuenax.
Gift by King James V. to John Striueling of the Keir, of the nonentry of the half of the lands of Brekland Kinloch, 10th October 1515.
95. James, be the grace of God King of Scottis, To all and sindry oure officiaris, liegis,
304 KEIK PAPERS. [1515.
and subditis, quham it efferis quhais knawlege thir oure letteris salcum, and in speciale to our Shireff of Perthe, and Stewart of Menteth, and thare deputis, Greting. Wit ze ws, with consent and avis of oure derrest cousing, and tutour, Joline, Duke of Albany &c. Protectour and Governour of oure Realnie, .and lordis componitoui'is, to haue gevin and grantit, and be thir oure letteris, gevis and grantis, to oure louit faniiliare knycht, Johnne Striueling of the Kere, and his assignais, ane or nia, all and hale, the males, proffitis, and dewiteis quhatsunieuer, of all and hale the halff of the landis of Brekland Kinloch, with the pertinentis, extending to fyve nierk land of auld extent, liand within the shireffdonie of Perthe, and Stewartry of Menteth, now being in oure handis and pertenyng to ws, throw nonentre of the richtius are or ayris of the samyn, of all zeris and ternies bigane that the saidis landis hes bene in the handis of ws, or oure predicessoris quhatsunieuer, be resoun forsaid, and of all ternies tocuni, that the saidis landis sail happin to be in ouris or oure successouris handis, and ay and qukill the entre of the richtius are or ayris tharof, and ay and quhill thai optene lauchfull state sesing and possessioun thareof. To be haldin and to be had, all and hale the saidis males, fermes, proffittis and dewiteis of the said halff landis of Brekland Kinloch, with the pertinentis, to the said Johne and assignais forsaidis, of all zeris and ternies bigane and tocum, as said is, with powere to thame to intromet and tak vp the samyn, and giff neyd beis, to poynd compell, and distrenze tharfor, efter the forme of law, and to occupy the saidis landis with thare avne gudis, or to sett thame to tennentis at thare avn plesour, with all and sindry commoditeis, fredomes, proffitis, esementis, and richtuis pertinentis pertenyng tharto quhatsunieuer, frelie, quietlie, wele, and in pece, but ony obstacle, impedimet or agane calling. Quharefor We charge straitly, and comandis zow all and sindry oure liegis and subditis forsaids, that nane of zow tak apon hand to niak ony impediment, let, or distrublance to the said Johne or his assignais forsaidis, in the peaceable possessioun, braking joising, intrometting and disponyng apoun the males, proffittis and dewiteis of the saidis landis, of the saidis termes bigane and tocum, during the tyme forsaid, efter the tenour of thir oure" letteris, vnder all pane and charge that efter may follow, and that ye oure Shireff and Stewart forsaid, and zour deputis, mak the said Johnne and his saidis assignais, be reddelie ansuerit and obeyt, of all the saidis males, fermes, proffitts, and dewiteis of termes bigane, and gif neyd beys, to poynd, compell, distrenze, and appris the saidis landis for the samyn, as efferis, be all termes and process of law, according to justice and vse in sic casis. Gevin vnder oure priue sele at Edinburgh, the tent day of October, xv zeris, and of oure regne the thryd zere.
1515.] CHARTERS, ETC. 305
Per Signaturam manibus dicti Domini gubernatoris et Dominorum coniponitorum
subscriptam &c. xviii° Julij anno Domini &c. xviij" Per hanc literam allocatur Senescallo de
Menteth de firmis terrarum de Brekland Kinloch lxvjl' xiiis. iiij 4
H. Maie.
Decree at the instance of John Striueling of the Keir, Knight, against John Kinross of Kippanross, 15th February 1515.
96. At Edmbiu-gh the xv day of Februar the zere of God 1™ v° and xv zeris. The lordis of Counsale vnderwritin, that is to say, ane maist reuerend and reuerend faderis in God, James Archbischop of Glasgw, chancelar, Dauid Bischop of Galloway ; noble and michtie lordis, James Erie of Mortoun, Hew Erie of Eglintoun, Gilbert Erie of Cassillis, William Lord Borthuic, Patrik Lord Lindesay of the Byris, Jhone Lord Flemyng, Jhone Lord Simple, Maister Gawane Dunbar, Archidene of Sanct Androis, Clerk of Registri, and Williame Keith of Inuerrugy knycht : Anent the summondis maid at the instance of Jhone Striueling of the Keir, knicht, as air and successour of vmquhile Williame Striueling, sone and than apperand air of vniquhile Lucas Striueling of Ratherne, knicht, his grantschir, and als as air to vniquhile Williame Striueling of Keir knycht his fader, aganis Jhone Kinross of Kippanross, as air to vniquhile Jonet Kinross of Kippanross ; to warant, acquiet and defend to the said Jhone Striueling, all and sindry the landis of Lubnoch with the pertinentis, Hand in the lordschip of Strogartnay, within the schirefdome of Perth, eftir the tenour of the charter of aliena- cioun maid be the said vniquhile Jonet Kinross, with claus of warandice for hir and hir airis, to the said vmquhile Williame Striueling, grantschir to the said Jhone, and his airis, with vtheris bandis and euidentis thairupoun : Becaus the saidis landis of Lubnoch with the pertinentis war recognist in the handis of vmquhile oure souerane lord at last decessit, quhem God assolze, and decernit to pertene to his hienes for the alienacioun of the mare part thairof be the said Johne Kinross predecessouris, as at mare lenth is contenit in the decreit of propirty gevin tharewpoun, quharthrou the said Jhone of Striueling was put fra the propirty and possessioun of the saidis landis, lik as at mare lencht is contenit in the said summondis : Baith the saidis partijs being personaly present, thare richtis, resouns and allegaciouns, herd, sene and vnderstand, and tharewith being riplie avisit -. The Lordis of Counsell decretis and deliueris, that becaus the said landis of Lubnoch war gevin to the said Jhone Striueling for his said seruice and vther gud dedis done to the Kingis Graice tharefor be him, and the samyn ar in
306 KEIK PAPERS. [1516.
his handis ; Tharfor ordanis that the said Jhone of Kinross, as air forsaid, sail warant, acquiet and defend to the said Jhone Striueling of the Keir knycht, als mekle als gud land, Hand in als competent plaice, als frelie haldin and of als greit avale as the saidis landis of Lubnoch, heretabli be chartir and saising, and that letteris be direct to com- mand and charge him to niak the said warandice, betuix and the ferd day of Mali nixt tocum deuly as efferis ; and failzeing thareof sail content and pay to the said Jhone Striueling, the sowin of vi hundreth and fifty merkis, gud and vsuale money of Scot- land for the warandice of the saidis landis. Becaus it is vndirstand to the saidis Lordis that and he had componit with the King or his Thesaurar for the redemcioun of the saidis landis out of his handis, eftir that the dome of forfaltour was gevin that the componicioun for the samyn wald haue extendit to the said sowm of vi? and fifty merkis as said is ; and in that cais ordanis our souerane lordis letteris be direct to compell and distrenze the said Jhone Kinros, his landis and gudis for the said sowm as efferis, the day of the said warandice being run and by past. Extractum de libro acto- runi per me Magistrum G-awinum Dunbar Archidiaconum Sanctiandree, Clericmn Rotu- loriun Registri ac consilii supremi domini nostri Regis, sub meis signo et subscriptione manualibus.
Gawinus Dunbar.
Contract between Sir John Striueling of the Keire, Knight, and John Kinross of Kippanross, 10th April 1516.
97. At St[rineling, the x] day of Aprile, the zeir of God I™ Yc. and xvi zeris. It is concordit and endit betuix honorabill men, Schir Johne Striueling of the Keire Knycht, one the ta part, and Johne Kinross of Kippanross one the tother part, as efter followis ; That forsamekill as the said Schir Johne has optenit ane decreit be the lordis of Counsale agains the said Johne of Kinross, that becaus the landis of Lupnocht Hand within the lordschipe of Stragartnay and shirefdome of Perth, was analiit be vmquhile Jonet Kinross to vmquhile Schir WiUiame StriueHng of Raterne Knycht, for certane sowmes of money, and thaireftcr war recognyst in the kingis handis and dome of propirtiis giffin thairapon, sua that the said Schir Johne was put fra the properte and possession thairof, and thairfor mycht nocht bruke the samyn efter the forme of the said Jonetis alienatioun, as was cleirly vnderstandin be the saidis lordis : That thairfor the said Johne Kinross, as air and successour to the said vmquhile Jonet, suld warrand, acquiet and defend to the said Schir Johne, as air and successour to the said vmquhile Schir Williame, als mekill als gude landis, als frely haldin, of als
1516.] CHARTERS, ETC. 307
grete avale, and in als competent place, as the saidis landis of Lupnocht, and suld infeft him heritabilly thairinto be charter and seysing, betuix and the ferd day of Maii nixt thaireftir, and failzaend thairof, the said Jolme suld content and pay to the said Schir Johne the sowme of sax hundreth and fyfty merkis for warrandise of the saidis landis ; becaus it was vnderstandin be the saidis Lordis that and the said Schir Johne had componit with the King or his Thesaurar for the redemtioun of the saidis landis out of his handis, efter that the dome of forfetour was giffin, that the composition for the samyn wald haue extendit to the said sowme of vi5 and fifty merkis, as at mair lenth is conteint in the said decreit giffin thairapon : Notchwithstanding the said Schir Johne movit of pete, and for the steid and afald part to be kepit to him be the said Johne of Kinross, and for the removing of all conuenciens fra the said Schir Johne his predecessouris or successouris, and thair sawlis heir and befor God, gif ony conuenciens be in the said mater, the said Schir Johne sail forgif and discharge, and be thir presentis forgiffis and dischargis the sowme of a hundreth pundis of the forenemmyt sowme of vi° and fifty merkis optenit for warrandise as said is, and the five hundreth merkis that restis of the said sowme to be pait be the said Johne to the said Schir Johne in fauorabill maner as efterfollowis, becaus the said Johne has nocht the said sovme redy in money, he sail infeft heritabilly the said Schir Johne and his airis be charter and seysing in all and hale his landis of Auchlochy with the per- tinens liand within the sherifdome of Perth, to be haldin of our souerane lord the Kingis grace, and the confirmatioun to be rasit thairapon to be one the said Schir Johnis expensis, or than sail resing the saidis landis purely and sympilly in the Kingis handis, or my Lord Gouernouris, in fauour of the said Schir Johne, quhilk as the said Schir Johne sail think maste souer : And als sail resing his hous and croft with the pertinens, callit the Spittell croft, and Merzonis akir at the brigend of Dunblane, the quhilk croft Jonet Striueling has in assedatioun, in the handis of the Bischope of Dunblane, or Balzeis of the Towne, as the said Schir Johne sail think maste expedient in fauour of the said Schir Johne in likewyse : And becaus the half of the saidis landis of Auchlochy ar wedset be the said Johne to Walter Stewart, vnder the reuersioun apone the sovme of a hundreth and ten merkis, that thairfor the said Johne sail deliuer and gif to the said Schir Johne the said reuersioun, togidder with ane sufficiant power and assignatioun to redeme and outquyte the said half landis apon the said sowme of a hundreth and ten merkis, quhilk sowme the said Schir Johne sail content and pay to the said Walter : Quhilk premisses beand clone, the said Schir Johne sail mak and deliuer to the said Johne ane sufficiand letter of reuersioun vnder his sele, that it sail be lefull to the said Johne and his airis to redeme and outquyte the forenemmit landis
308 KEIR PAPEKS. [1516.
of Auchlochy, hous, croft and akir, with thair pertinens apone xl dais warnying apone the sowme of sax hundreth and ten nierkis, to the end that the said Schir Johne sail be pait of the forenenmiit five hundreth nierkis restand of the vi? and fifty nierkis obtenit as said is, togidder with the hundreth and ten nierkis to be laid downe be the said Schir Johne for the redemptioun of the said half landis out of the handis of the said Walter, quliilk sowine of vi? and ten nierkis quhilk may redenie the saidis landis, hous and croft, to be pait in a sowine, hale and togidder, to the said Schir Johne or his airis, apone our Lady altar within the cathederall kirk of Dunblane, apon a day, betwix the sone rising and the ganging to of the saniyn, in gold and siluer vsuale money of the realme, havand course for the tyme, togidder with a sufficiand letter of tak for five zeris of the saidis landis, hous, croft and acre, to be brukit be the said Schir Johne and his airis forsaidis, efter the outquyting thairof, for fouretene merkis of male allanerly to be zeirly pait, endurand the said five zeris : Apone the quhilk reuersioun the said Schir Johne sail obtene letteris of regress, and deliuer the samyn to the said Johne and his ayris : And it sail nocht be lesum to the said Johne nor his airis to redeme nor out- quyte the saidis landis, bot with thair awne propir gudis, nor sail haue na power to mak assignais, ane or may, to outquyte nor redeme the sammyn : And the said Schir Johne sail mak ane letter of tak to Walter Stewart, of the half of the saidis landis of Auchlochy for the ternies of thre zeris, to be brukit be the said Walter efter the redemying of the sammyn, his entre begynnand the day of the outquyting, payand thairfor zeirly the sowine of iii pundis xiii schillingis and iiii penneis ilk zeir, at twa vsuall termes, Witsonday and Mertymes, be evenly portions alanerly : And als the said Johne of Kinross sail mak and deliuer to the said Schir Johne, his obligatioun vnder his sele, to warrand acquet and defend the saidis landis to the said Schir Johne and his airis, of all takkis that ony person or personis may ask or clame of the forsaidis landis of Auchlochy, exceppand the saidis thre zeris takkis to be kepit to the said Walter Stewart alanerly : And the said Schir Johne sail keipe nyne zeris takkis male fre to Jonet Striueling, of all and hale the hous croft and acre at the brigcnd of Dun- blane foresaid fra Witsonday to cum, efter the forme of the said Johnis letteris of tak maid to hir thairapon : And als the said Schir Johne quyteclamis and dischargis be thir presentis all obligations and bandis that he has of the said Johne Kinross befor the date heireof for nowe and euir, the premisses foresaidis beand obseruit and kepit : And to this pairt of this Indcntour remanand with the said Schir Johne Striueling, the said Johne Kinross has setto his sele, with his subscriptioun manuale, the x day of Aprile, the zeir of God abone writin, befor thir witnes, Walter Forster of the Torwod kuicht, Robert Callandar of the Maner, Wilzame of Striueling brother to the said Schir
1516.] CHARTERS, ETC. 309
Johne, Wilzanie of Kinross, Archbald Dausoune, and Edward Spetale notar publict. with vtheris diuers.
John of Kynross, with my hand led at the pen be Edward Spetale, Notare Public. Ita est Edwardus Spetale.
Tack by Henry, Abbot of Lindores, and the Convent thereof, to Sir John Strevelinge of the Keire, Knight, of the lands of Benee and Catkin, 16th September 1516.
98. Be it kend till all men be thir present letteris, ws Henry throw the permissioun of God Abbot of Londoris, and the Convent of the sammyn, cheptourlie gadderit, with ane woice, consent and assent of oure haill cheiptoure, to hafe set and for maill lattin, and be the tennoure of thir our present letteris settis and for maill lattis, to ane rycht honorable man, Schire Johnne Strevelinge of the Keire knycht, all and haill oure landis of Benee and Catkin with thair pertinens, to giddir with the teynd schavis of the samyn, lyand within the scherefdome of Perth, and oure regalite of Londoris ; for all the dais and termes of nyntene zeris, nixt and immediat the entreice of the said Schir Johnne, quhilk salbe at the fest of Witsonday nixt and immediat the dait of this writ, and frathin forth to endure ay and quhill the said nyntene zeris be fullelie and togeddire completit and by rwn. To be haldin and had all and sindry the said landis of Benee and Catkin with thair pertinens, to giddire with the teynd schavis of the sammyn, to the said Schir Johnne his aris and subtennandis, ane or may, of ws and our successouris in malinge, as the said landis lyis in lyncht and in breid, be all and sindry rychthis markis, methis and dewisis, with fre yschay and entray, commwn pastoure, with all sindry wdire commodeteis, asiamentis, liberteis and profeittis to the said landis and tendis, pertenand, or rychthouslie may perten, ony maner of way, with full power to input and out put subtennandis, ane or may, in the said landis and teyndis, als ofte as is sene expedient to the said Schir Johnne and his airis, endurand the tym of nyntene zeris as said is. Payand thairfor zerlie the said Schir Johnne his airis and subtennandis ane or may, to ws our successouris and fac- touris, the sovm of twolfe pundis wsuale monee of Scotland, at twa wsualle termes in the zere, Witsonday and Mertimes in wynter, be evenlie portionis, to giddire with niultoure to our myll of all corns growand on our said landis, with harreage, careage deweteis and do seruice, als mekle and als ofte as say niony mark land of our landis of Feddaillis dois endurand the tyme forsaid. And atom gif it sail happin the said Schir Johnne his airis and subtennandis to failze in the payment of our said nxultour,
harreage, careage and do seruice as said is, or in the payment of the Witsonday maill
2b
310 KEIK PAPERS. [1516,
zerlie at Midsownier, and of Mertimes maile at Sanctandrois day at the ferrest, in thir caysis, or ony of thame, this our present assedatioun to be of nane awaill, bot expirit and adnult in the self, and we fre to dispone apon our said landis and teyndis without ony impediment of the said Schir Johnne his airis and subtennandis quhatsmneuer. And we the said Henry Abbot and Convent forsaid and our successouris, sail warand and aganis all deidle defend the saidis landis and tendis and this our present asseda- tioun, in all pontis and artielis as said is, to the said Schir Johnne his airis and subten- nandis forsaid, endurand the tyme of nyntene zeris all anerlie. In witnes heirofe to this our present assedatioun we hafe appensit oure commwn seill, at Londoris, the sastene day of September the zer o*f God l"1 five hundreth and saxtene zeris, before thir witnes James Waulece, Robert Dmmmond and Schir Barnerd Merschall, with wderis diuers.
Charter by King James V. to Isabella Cray, relict of the deceased Adam Creichtoune of Rothvenis, Knight, of the half lands of Inneralloun, 18th November 1516.
99. Jacobus, Dei gracia Rex Scotorum, Omnibus probis hominibus tocius terre sue clericis et laicis, Salutem. Sciatis nos, cum auisamento, consensu, assensu, consiHo et auto- ritate carissimi consanguinei et tutoris nostri, Johannis Ducis Albanie, etc. regni nostri protectoris et gubematoris, dedisse, concessisse hereditarie, et hac presenti carta nostra eonfirmasse, dilecte nostre Isobelle Gray, relicte quondam Ade Creichtoune de Roth- venis militis, et heredibus suis, totam et integrant dimedietatem terrarmn de Inneral- loun, cum dimedietate molendini earundem, vnacum piscationibus earundem super aquas de Teth et Forth cum suis pertinentiis, jacentium infra vicecomitatum nostrum de Striueling. Quequidem dimedietates prefatarum terrarum et molendini cum per- tinentiis, fuerunt dicti quondam Ade et Isobelle prius hereditarie in coniuncta infeoda- tione, tente per ipsos in capite de quondam Alexandre Domino Hume, quiquidem Alexander tenuit huiusmodi immediate de nobis in capite, et nunc deuenerunt in ma- nibus nostris, et nobis pertinent ad voluntatem nostram, cum auisamento et consilio dicti nostri carissimi consanguinei et tutoris, disponende, racione forisfacture et eschaete dicti quondam Alexandri Domini Hume, qui de nonnullis proditorie tradicionis et nostre lese maiestatis criminibus conuictus erat, et pro eisdem justificatus ad mortem. Et quia nobis, dictoque consanguineo et tutori nostro carissimo, ac nostri consilii dominis, constat et est notum, quod dicta Isobella est innocens et expars criminum per dictum quondam Alexandrum dominum suum superiorem commissorum, pro quibus conuictus erat et justificatus ut premissum est : Nos igitur, cum auisamento et consilio prefati carissimi consanguinei et tutoris nostri, volumus et decernimus, quod forisfac-
1.517.] CHAPTERS, ETC. 311
tura dicti sui superioris non erit dampnum nee preiudichun dicte Isobelle, penes infeo- dationera quani de dictis dimedietatibus terranun et niolendini prius liabuit, niotiuo quorum, necnon pro certiis aliis racionabilibus considcracionibus nos, cum auisamento dicti nostri carissimi consanguinei et tutoris, dedimus huiusmodi dicte Isobelle here- ditaria de nouo ut predictimi est. Tenendas et habendas de nobis et suc- cessoribus nostris iu feodo et hereditate imperpetuum . . . Prouiso tamen, quod dicta Isobella et heredes sui facient inde annuatim nobis et successoribus nostris jura et seruicia nobis debita et consueta de dictis dimedietatibus terrarum et molendini cum pertinentiis ante dictani forisfacturam : In cuius rei testimonium huic present! carte nostre magnum sigillum nostriun apponi precepimus : Testibus, reuerendissinio reuerendisque in Cristo patribus, Jacobo Ai'cbiepiscopo Glasgucnsi Cancellario nostro, Dauid Episcopo Candidecase nostreque Capelle Regie Striuelingensis, Jacobo Episcopo Morauiensi ; dilectis consanguineis nostris Alexandro Comite de Huntlie Domino Baidzenach, Cobno Comite de Ergile Domino Campbell et Lome, Hugone Comite de Eglingtoun Doniiuo Montgomery ; venerabilibus in Cbristo patribus, Jobanne Priore ecclesie metropolitane Sanctiandree, Georgeo Abbate Monasterii nostri Sancte Crucis prope Edinburgh, nostri secreti sigilli custode, Patricio Abbate de Cambuskynneth Secretario nostro ; dilectis clericis nostris, Magistris Gawino Dunbar Arcliidiacono Sanctiandree nostrorum Rotuloruni Registri et Consilii Clerico, et Jacobo Ogiluy Ma- gistro Requestarum nostrarum, apud Edinburgh, decimo octauo die mensis Nouembris, anno Domini miilesimo quingentesimo decimo sexto, et regni nostri quarto.
Charter of Confouiation by King James V. to John Striueling of Kere, Knight, of the half lands of Inneralloun, 26th March 1517.
100. Jacobus, Dei gratia Rex Scotorum, Omnibus probis hominibus totius terre sue, clericis et laicis, Salutem. Sciatis nos, cum auisamento et consensu carissimi consanguinei et tutoris nostri, Joannis Ducis Albanie etc., regni nostri protectoris et gubernatoris, quandam cartam alienationis, factam per Isobellam Gray, dominant de Dud[op], dilecto nostro, Johanni Striueling de Kere niiliti, et heredibus suis, de tota et integra dimedie- tate terrarum de Inneralloun et molendino earandem, cum piscatiombus cisdem perti- nentibus et suis pertinentiis, jacentium infi-a vicecomitatum nostrum de Striueling, de nobis et successoribus nostris tenenda, de mandate nostro visani, lectam, inspectani et diligenter examinatam, sanam, integram, non rasam, non caneellatam, nee in aliqua sui parte suspectam, ad plenum intellexisse, sub hac forma : Omnibus banc cartam visuris vel audituris, Isobella Gray, relicta quondam Ade Creichtoune de Ruthvenis
312 KEIE PAPfeKS. [1517.
militis, Salutem in Domino senipiternam. Noueritis me, in mea viduitate, dedisse, concessisse, vendidisse ac titulo venditionis alienasse, et hac presenti carta mea pro perpetuo confirmasse . . . nobili viro, Johanni Striueling de Kere militi, suis heredibus et assignatis, totam et integram meam dimedietatem terraruni de Inner- alloun, ac dimedietatem molendini eiusdem, vnacurn piscationibus earundem super aquis de Teith et Forth, cum suis pertinentiis, jacentium infra vicecomitatum de Striueling, pro quadam certa summa pecunie vsualis monete Socie roichi, per prefatum Johannem Striueling de Kere militem pre manibus gratanter et integre persoluta, in pecunia numerata, et in vsum meum totaliter conuersa . . . Tenendam et haben- dam . . . a me et heredibus meis de supremo domino nostro Rege et suis suc- cessoribus in feodo et hereditate imperpetuum . . . Reddendo inde annuatim . seruicium debitum et consuetum ... In cuius rei testimonium sigillum meum huic presenti carte mee est appensum, vnacum subscriptione mea manuali, apud Edinburgh, dechno tercio die mensis Marcii, anno Domini millesimo quingentesimo decimo sexto, coram his testibus, Magistro Roberto Monorgund, Rectore de Essy, Domino Malcomo Mortymare, Willebno Striueling, et domino Waltero Sutherland capellano ac notario publico, cum diuersis aliis. Quamquidam cartam ac alienationem in eadem contentam, in omnibus suis punctis et articulis, condicionibus et modis ac circumstanciis suis quibuscunque, in omnibus et per omnia, forma pariter et effectu, approbamus, ratificamus, ac cum auisamento et consensu dicti nostri carissimi con- sanguinei et tutoris, pro nobis et successoribus nostris, pro perpetuo ut premissum est, confirmamus : Saluis nobis et successoribus nostris juribus et seruiciis de dictis terris cum pertinenciis ante presentem nostram confirmationem nobis debitis et consuetis : In cuius rei testimonium huic presenti carte nostre magnum sigillum nostrum apponi precepimus : Testibus, reuerendissimo reuerendisque in Christo patribus, Jacobo Archiepiscopo dasguensi, Cancellario nostro, Dauide Episcopo Candidecase nostreque Capelle Regie Striuelingensis, Jacobo Episcopo Morauiensi ; dilectis consanguineis nostris Alexandra Comite de Huntlie Domino Baidzenach, Golino Comite de Ergile Domino Campbell et Lome, Hugone Comite de Eglintoun Domino Montgomery ; venerabilibus in Christo patribus, Johanne Priore ecclesie metrcpolitane Sanctiandree, Georgeo Abbate Monasterii nostri Sancte Crucis prope Edinburgh, nostri secreti sigilli Custode, Patricio Abbate de Cambuskynneth, Secretario nostro, dilectis clericis nostris, Magistris Gawino Dunbar Archidiacono Sanctiandree, nostrorum rotulorum registri et consilii Clerico, et Jacobo Ogiluy, Rectore de Kinkell ac Commendatario monasterii de Dri- burgh : Apud Edinburgh, vicesimo sexto die mensis Blarcii, anno Domini millesimo quingentesimo decimo septimo, et regni nostri quarto.
1517-18.] CHARTERS, ETC. 313
Letter of Attorney by King James V. in favour of Margery Birsbane, spouse of William Striveling of Glorat, 20th April 1517.
101. Jacobus Dei gracia Res Scotorum, omnibus probis honiinibus suis ad quos presentes litere peruenerint, Salutem : Sciatis quod suscepimus Jobannem Birsbane de Bis- cboptoun, Willelmum Flemyng de Bolghall, Walterum Striueling, Cuthbertum Montguniry, vel eorum aliquos vel aliquem, actornatos vel actornatum dilecte nostre Mariote Birsbane, sponse Willehni Striueling de Glorat, in omnibus negotiis et loquelis, placitis et querelis, motis seu mouendis ipsam Mariotam tangentibus seu tangere valentibus, quibuscunque diebus et locis, contra quoscunque, et coram qui- buscunque : Quare vobis precipimus et mandamus quatenus dictos Johannem, Willel- mum, Walterum, Cuthbertum, vel eorum aliquos vel aliquem, quos vel quern presentes vel presentem esse contigerit, tanquam actornatos vel actornatum dicte Mariote in premissis recipiatis : Presentibus post annum minime valituris : In cuius rei testi- monium has literas nostras sibi fieri fecimus patentes, apud Edinburgh, vicesimo die mensis Aprilis, anno regni nostri quarto.
Actornatus pro Mariota Birsbane, etc.
Indenture between John of Striueling of the Keer, Knight, and John of Kynross of Kippaneross, 15th March 1518.
102. Thir Indenturis maid at Edinburgh, the xv day of March, the zere of God I1? V.c and auchtene zeris, contenis, proportis and beris witnes in the self: That it is appoyntit, concordit and fmalie aggreit betuis honorable personis, Johne of Striueling of the Keer Knycht on the tane part, and Johne of Kynross of Kippaneross on the tether part, in maner, forme, and effect as eftir folowis, that is to say, That forsamekle as the said Johne of Kynross has ane summondis raisit aganis the said Schir Johne of Striueling, befoir the Lordis of our Souerane Lordis consale, for the retreting of ane act and decret gevin before thame, of the dait at Edinburgh, the xv day of Februar, the zeir of God I? V? and xv zeris, tuechin the warrandise of the landis of Lupnoch, lyand in the lordeschip of Strogartnay, -within the shirefdome of Perth ; and als the said Schir Johne has ane actioune dependand aganis the said Johne of Kynross anentis the warrandise of certane takkis of the landis of Auchlochy, lyand within the shirefdome foirsaid, analeit be him to the said Schir Johne with speciale warandise, the quhilkis takkis, and the said Schir John mycht haue brukit peciabli, eftir the forme of the saidis alienation and bandis of warandise, as vittalis has gevin in the zeris thairof, wald
314 KEIE PAPERS. [1518.
haue extendit be the space of the non warandise of the saniyne, and recouerit be Jonet of Druinniond, the relict of vmquhile Edinond of Cheseholm, befor the Stewart of Stratherne, be our said souerane Lordis letteris direct to him at hir instance tharcupone, to the sovme and avale of twa hundreth and fourscore of france crovnis, extending to ilk pece fourtene schillingis comptit be gude estimatioun : And for the vtilite and wele of baith the saidis partiis and cessing of pley the said Johne of Kynross is contentit to renunce and discharge, and be thir presentis renuncis and discharges the saidis sum- niondis raisit be him and actioun thareof, and that it sail neuer be lefull to him his ayris executouris, nor assignais, to intent nor persew the said actioun nor caus of retracioun of the forsaid decret of warandise gevin be the Lordis as said is, nor na part thareof, befor na juge nor jugis, spirituale nor temporale, in ony tymes tocum, and renuncis all remed of law ciuil and canoun, and ratifiis and appreuis the said decret in all poyntis, and articulis contenit thareintil, and sail neuer persew nor cum in the contrar thareof : And als the said Johne of Kynros, for him and his ayris in all tynie tocum, ratifiis and apprevis ane Instrument vndre the signe and subscriptioun manuale of Schir Johne Smert notcr public, of the dait, in Schir James Belchis chalmer in Dun- blane, the xv clay of December, the zere of Grod I*1 four hundreth nynty and sevin zeris, oblisand and bindand vmquhile Alexander Kynros, fadir to the said Johne of Kynros, and als the said Johne of Kinros and thare airis, in manrent seruice and vthir sindry restrictionis, to wmquhilo Williame of Striueling of the Kere knycht, fadir to the said Schir Johne and his ayris, as is contenit in the samyn ; the quhilkis in all poyntis and articulis the said Johne of Kynros now of new, be thir presentis, ratifiis and apprevis, nochtwithstand that the said Schir Johne has be vtheris indentouris maid with the said Johne of Kinros, generalie dischargit him of all bandis and obligationis befor the dait thereof : And als the said Johne of Kinros, oblisis him his ayris execu- touris and assignais, to content and paye to the said Schir Johne his ayris executouris and assignais, the sovme of twa hundreth france crovnys of gold, at thir termes vndre writtin, that is to say, at the fest of Witsonday nixt folowing the dait of thir presentis, the sovme of fyffti france crovnys, and at the fest of Sanct Mertyne in winter nixt tharefter, vthir fyffti france crovnys, and at Witsonday nixt therefter fyffti france crovnys, and at the fest of Sanct Mertyne in winter nixt tharefter vthir fyffti france crovnys, in complet payment of the hale fornemmyt sovme of twa hundreth france crovnys, or ellis for ilk crovnc fouretene schillingis vsuale money of the reakne havand cours for the tyme : For the quhilkis renunciatioun, ratificationis, and payment of money at terms forsaid, the said Sir Johne sail discharge, and be thir presentis dis- chargis the said Johne of Kynros and his ayris, of the sovmes of money and panys
1518.] CHARTERS, ETC. 315
of all tynies bigane, that the said Schir Johne ruycht clanie apone him for the non- fulfilling of the said manrent and poyntis of Instrument to that effect forsaid, extending to the sovme of five hundreth pundis : And als the said Schir Johne now presently and of new, ratifiis and apprevis the remyt and discharg of the sovme of ane hundreth pundis remyttit to the said Johne of Kynros, contenit in ane vthir indentour maid betuix thame : And als the warrandis and skathis that the said Schir Johne has susteint throw the wanting of the saidis awailis and proffetis that he mycht haue had of the saidis landis of Auchlochy, and he had brukit and joisit the samyn as is befor specifi.it : And als the said Schir Johne reruyttis and dischargis the said Johne Kynross and his ayris, all costis and expensis that he has maid and sustenit in the persote of the premissis be ony maner of waye in ony tyme bigane : And als sail nocht with na person nor personis tak the said Johne of Kynros contrar part, anent the housis and croft of Spetalis crofft and Maryonis akir, bot sail supple, mantene and defend the samyn, als lang as thai ar in the saidis Schir Johne handis vnredemyt, and elikawis tharefter, gif thai sail happin to be outquit be the said Johne of Knross, sail help and assist to him thareintill insafer as he may of law : And atour sail tak the said Johne of Kynross afauld part, baith be his solistatioun and travell, to recouer his just querellis and actionis that he has to move aganis Wilzaine of Murray of Tulibardin knycht : And als the said Schir Johne is content, be the sicht and modificatioun of freindis, and efter the said Johne of Kynross gud bering to him, to do him plesour and fauour anentis the proffetis of the takkis contenit in the reuersioun maid be the said Johne of Striueling of the Kere knycht to the said Johne of Kynros, to be had efter the outquiting of the saidis landis of Auchlochy : And howbeit that the said reuersiotm contenis the sovme of sex hundreth ten merkis, the tane half of the saidis landis of Auchlochy as zit is in the handis of "Walter Stewart vnredemyt apone the sovme off ane hundreth and ten merkis ; tharefor the said Schir Johne is contentit to ressaue fra the said Johne of Kynros the sovme of five hundreth merkis and letter of assedatioun of the saidis landis of Auchlochy efter the outquitying of the samyne, and for the payment of the male nenimyt in the said reuersion, ony tyme betuix the dait hereof and the fest of Witson- day nixt tocum, beand lauchfully warnit thareto ; and in continent tharefter sail deliuer to the said Johne of Kinross all charteris and saisingis that he hes of the forsaidis landis of Auchlochy with thair pertinentis, togidder with the saidis Walter Stewartis reuersioun for the redemptioun of the half of the saidis landis, with ane letter of assignatioune maid to the said Schir Johne thareto, quhilkis reuersioun con- tenis the sovme of ane hundreth and ten merkis befor specifiit : And to the obseruing and keping of the premissis and euery poynt of the samyn, baith the saidis partiis for
316 KEIR PAPERS. [1520.
thame thair airis executouris and assignais, is bund and oblist be the faithis and trewthis in thare bodiis, the haly Ewwangelis tuechit, but fraud or gile : And atour is contentit that thir appoyntmentis and indentouris be put in forme of act in the buke of actis before the Lordis of oure Souerane Lordis Counsale, and thare decrete interponit thareto, and letteris of executorialis gif neid beis to be geven thareupone to compell as efferis, and als the sarnyne be actit in the officialis bukis of Louthyane and Dunblane for sure keping of the premissis vnder panis of cursing : And to the part of thir Inden- touris to reniane with athir of the saidis partiis, ather of thame has affixit thare propir selis, with the subscriptioune of thare handis, interchangeably day, zere and place for- said, befor thir witnes, Maister Robert Elphinstone Persoun of Kyncard in Nele, Schir William Elphinstone Persoune of Clat, Maister Abrahame Crechtoune Persone of our Lady Kirk of the Stele, Robert Callendar of the Maner, Vmfray Rollok of Duncrub, William Striueling and Edward Spetale Notar public with vthir diuers.
John Kinross of Kippaneross, with my hand on the pen of Schir Johne Morisoune Notar Public. Ita est Johannes Morisoun Notarius publicus nianv propria.
Pkecept of Sasine by John Earl of Lauenax and Lord Derrinle, for infefting John Striueling, as heir of George Striueling of Cragbernard, his father, in the lands of Estir Ballevin, 18th April 1520.
103. Johannes Comes de Lauenax et Dominus Derrinle, dilectis nostris, Willelmo Lyndesay de Bullull, Alexandro Campbell, et Villelmo Bawquhane, ac eorum alteri, coniunctim et diuisim, balliuis nostris in hac parte specialiter constitutis, Salutem : Quia notum est et bene cognitum quod quondam Georgius Striueling de Cragbernard, pater Johannis Striueling, latoris presencium, obiit vltimo vestitus et sasitus, vt de feodo, ad pacem et iidem supremi domini nostri Regis, de omnibus et singulis terris de Estir Ballevin, cum pcrtinenciis, jacentibus in comitatu de Lauenax, infra vicecornitatuni de Dunber- tane ; et quod dictus Johannes Striueling est verus legittimus et propinquior heres eiusdem quondam Georgei Striueling, patris sui, de predictis terris cmn pertinenciis ; et quod est legittime etatis ; et quod dicte terre cum pertinenciis de nobis tenentur in capite, tanquam de domino superiore earundeni, pro seruicio debito et consueto : Vobis igitur et vestrum cuilibet, coniunctim et diuisim, firmiter precipimus et mandamus quatenus visis presentibus, indilate statum, possessionem corporalem, et sasinam here- ditariam omnium et singularum predictarum terrarum de Estir Ballevin, cum earundem pertinenciis, prefato Johanni Striueling, vel suo certo actornato latori presencium, per
1522.] CHARTERS, ETC. 317
deliberationem terre et lapidis, vt nioris est, juste haberi faciatis et deliberetis ; secun- dum tenorem antiqui infeodationis dicti quondam Georgei, quam idem Johannes Striueling inde habet ; et lioc nullo modo omittatis : Ad quod faciendum vobis et vestrum cuilibet, coniunctim et diuisim, nostram plenariam tenore presentium irreuoca- bilem committimus potestatem : In cuius rei testimonium sigillum nostrum presentibus est appensum, vnacum nostra subscriptione manuali, apud Glasgw, xviii" die mensis Aprilis, anno Domini millesimo quingentesimo vicesimo, coram his testibus, Allano Stuard de Cardonald, Johanne Logane de Gartconuall, et domino Jacobo Knox capel- lano, cum diuersis aliis testibus. Juox Erl of Leutnax.
Notarial Instrument, attesting that James, Bishop of Dunblane, had erected nine Chaplainries in the Choir of his Cathedral Church into perpetual Chaplainries, 14th May 1522.
104. In Dei Nomine, Amen. Per hoc presens publicum Instrumentum cunctis pateat euidenter, quod anno Incarnationis Dominice M° Yc. vicesimo secundo, mensis vcro Maii die deeimoquarto, Indictione decima, Komana sede pastore carente, vt fertur infra regnum Scotie: In nostrum notariorum publicorum et testium subscriptorum presentia, personaliter constitutus reuerendus in Christo pater et dominus, dominus Jacobus, Dei et apostolice sedis gratia, Episcopus Dunblanensis, Decanus et Capitulum Dunblanenses, in capitulo eiusdem ibidem pro tempore capitulariter congregati ; Idem reuerendus pater, cmn consensu et assensu dicti sui capituli, preter eonsensum decani, erexit illas nouem capellanias chori dicte ecclesie cathedralis Dunblanensis in capellanias perpetuas, secundmn tenorem erectionis ibidem publice per ipsuni decanum perlecte : Et statim idem decanus et capitulum, dominum Thomam Watsone capellammi ydoneum dicto reuerendo patri, pro collatione seu institutione sibi danda de capellania prima de Keir infra dictum chorum sic vacante, presentarunt : Quibus factis, prefatus reuerendus pater, collationem ordinariam ymouerius institutionem, prefato domino Thome, secundum tenorem dicte erectionis, de prefata capellania contulit et donauit, curam, regimen et administrationem eiusdem sibi committens : Super quibus omnibus et singulis, idem reuerendus pater et prefatus dominus Thomas, a nobis notariis publicis subscriptis. sibi fieri petierunt instrumentum seu instrmnenta : Acta erant hec in dicto capitulo, hora vnde- cima ante meridiem vel eocirca, sub anno, mense, die et indictione quibus supra : Pre- sentibus ibidem venerabilibus viris, magistris et dominis, Willelmo Cheisholme, Vicario de Muthill, Georgio Wawane, Vicario de Dunsyar, Dionisio Bow, AVillelmo Andersone et Boberto Akinhed capellanis, testibus ad premissa vocatis pariterque rogatis.
2 s
318 KEIR PAPERS. [1522.
Et ego Andreas Sym, presbyter Sanctiandree diocesis, sacra autoritate apostolica notarius publicus, etc. Andreas Sym, Pbr.
Et ego Robertas Lerinonth, clericus Sanctiandree diocesis, publicus apostolica et imperiali autoritatibus notarius, etc. Robertus Lermonth.
Et ego Jacobus Blakwod, presbyter Dunblanensis diocesis, publicus sacra auto- ritate apostolica notarius, etc. Jacobus Blakwod.
Grant by James [Bethune], Archbishop of Glasgow, to John Striueling of the Keir, of the ward of the lands of Cadder, 15th September 1522.
105. Be it kend till all men be thir present letteris, Ws, James be the mercy of God Archbischop of Glasgow, Chancelar of Scotland, etc. to haf sauld, assignit and dis- ponit, and be thir present letteris, sellis, assignis and disponis, to ane honorable man, Johne Striueling of the Keir Knycht, his airis and assignais ane or ma, the ward of all and sindry the landis of Cadder, with the tour, fortalice, maner place, mylne, multuris, medowis, steddis, woddis, and outsettis, with thair pertinence, Hand within our regalitie of Glasgow, and shirefdome of Lanark ; qukilk pertenit to vmquhill Andro Striueling of Cadder, heretablie haldin be him of ws, as Archbischop of Glasgow, in cheif, and now throw his decess being, and that sail happin to be, in our handis as superior thair- of, be ressoun of ward, with all malis, fermis, profittis, and deweteis of all the saidis ward landis and mylne, with thair pertinence, of all termes bygane and tocum, during all the tyme of the ward thairof. Togidder with the mariege of Janet Striueling, dochter and air of the said vmquhill Andro, with all profittis of hir mariege, and with powar to the said Johne, his airis and assignais, to dispoun thairapoun at thair pleysour, and apon the ward of the saidis landis and mylne, with thair pertinence, and to occupy the samyn in all or in pairt, with thair awine gudis, or to set thame to tennentis, as thai sail think maist expedient, with court and playnt of the saidis landis, herezeldis, bludewitis, merchietis of wemen, vnlawis, amerchiamentis and eschietis thairof, and all vtheris fredomis, priuelegis, proffitis, and deveteis, pertenyng, or richtiuslie ma perteyn thairto during the said ward, frelie, quietlie, weill and in peace, but ony impediment, reuocatioun, or agane calling quhatsumeuer. For the quhilkis ward and mariege we haf rasauit fra the said Johnne the sovme of tua thovsand fyf hundreth merkis in this wyss, that is to say, ane thousand merkis in rady vsuale money of Scotland in hand.
1522.] CHARTERS, ETC. 319
and be infeftment of the landis of Strowe and Balcarrus, with thar pertinence, in wadset, quhill fyftene hundreth merkis be compleitlie payit, and tharfor, we, our successoris airis, and executoris, sail warrand, acquiet, and defend to the said Johnne, his airis and assignais, the ward of all and sindrie the saidis landis of Cadder, with the tour, fortalice, maner place, mylne, multuris, woddis, medowis, steddis and out settis of the samyn, with thar pertinence, and all nialis and proffitis tharof during the tyme of the said ward, togid- der with the niariege of the said Jonet, as air forsaid, with all proffitis of hir rnariege, as said is, to be brukit and joisit be the said Johnne, his airis and assignais, in all and be all things, as is abone expremit, aganis all dedlie, but fraude or gyle. In witnes of the quhilk thing, to thir oure letteris, subscriuit with our hand, our sele is appensit, and to hungin, at Edinburgh, the fyftene da of September, the zere of God, ane thousand fyf hundreth tuenti and tua yeris, and of our consecratioun the zere, befor thir witnes, honorable and discrete personis, Walter Forester of the Torwod, Knycht, James Coluile of Vchiltre, Maister Abrahme Crichtoun, persoun of Wpsatlingtonn, Schir Andro Mcrschele, Chanone of Glasgow, Maister Robert Grahme, Chaplane, and Mais- ter Johnne Bellantyne, notar publict, with vtheris diuerss.
Jacobus Glasgtjen Archiep?
We Adam Colquhoun, Chanone, president for the tyme, and Cheptour wnderwrittin of Glasgow, eftir the sownd of the bell cheptorly gaderit in our cheptour hows, vpon Setterday the last of Februar, the forsaid zeir of God, that is to say, Walter Betoun, Dauid Dowgless, Johnne of Colquhoun, James Steward, and William Crechtoun, Chanonis, ratifyis and apprevis cheptorly, all and sindry the premissis in all thingis and be all thingis abone writtin, and geifis our consent heirto, and tharfore has with ilk ane of our handis subsciiuit the samyn, and has hungin to our commone sele, day, zeir, and place abone next writtin.
Adam Colquhoun, Rector de Stobo. Johannes Colquhoun de Glesgow 2"s
M. Walterus Betone, Rector de Gowan. Jacobus Steward, Rector de Torbolton. Dauid Douglas, Rector de Aer. V. Creychton, R. de Senchar.
Gift by James [Bethune] Archbishop of Glasgow to John Striueling of the Keir, Knight, of the ward of the lands of Cadder, 14th October 1522.
106. Be it kend till all men be thir present letteris, ws, James, be the mercie of God Archbischope of Glasgow, Chancelar of Scotland, &c. to haue said, assignit and
320 KEIR PAPEKS. [1524.
disponit. and be thir present letteris sellis, assignis, and disponis to ane honorable man and our weilbelufit Johnne Striueling of the Keir, knyeht, his airis and assignais, ane or ma, the ward of all and sindry the landis of the lardschip of Caddor, with the torn', fortalice, maner place, mylne, medowis, steddis, outsettis thairof and thair per- tinentis, hand within our barony of Glasgow, regalitie of ye sainin, and shirefdome of Lanerkj quhilk perteint to vmquhill Andro Striueling of Caddor heretabli, haldin be him of ws as Arehbischop of Glasgow in cheif, and now throw his decess, being and that sail happin to be in our handis as superior thairof, be ressoune of ward, with all malis, ferniis and profites of all the said ward landis and mylne with thair pertinentis, of all tennis bygane and toeum, during all the tynie of the ward thairof, and ay and quhill the lauchfull entre of the richtuis air or airis thairto, being of lauchfull aige, with the releif of the samin and nonentres, gif ony is or sail happin to be ; With powar to the said Johnne, his airis and assignais, to dispone thairon at thair pleysour, and to occupy the samin in all or in pairt, with thair awne gudis, or to set thame to tennentis, as thai sail think expedient, with courtis and playnt of all the saidis landis, herezeldis, vnlawis, amerciaments and eschetis thairof, and all vtheris fredomis, priuelegiis, pro- fittis, and deweteis, pertenyng or rychtiuslie ma pertene tharto during the said space, frely, quietly, wele and in pecc, but ony impediment revocatioun or aganecalling quhat- sumever. In witnes of the quhilk thing, to thir oure letteris, subscrivit with our hand, our sele is affixit, at Edinburgh, the fourtene day of October, the zere of God ane thowsand fyff hunclreth and twenti tua zeris, befor thir witnes, Maister Archibald Layng, Provest of Symple, Schir Andro Merschele, channon of Glasgow, Walter Forester of Torwod, Knyeht, Maister Abrahme Crichtoun, parsoun of Wpsatlingtouue, and Schir Williame Strogeth Chaplane, with vtheris diuers.
)<2^^6^z^ effi
Ratification by Gavin [Dunbar] Archbishop of Glasgow to John Striueling of the Keir, Knight, of the ward of the lands of Caddoure, 16th February 1524.
107. We Gavyne be the mercy of God Archibischop of Glasgw ; considerand perfitlie that the maist reuerend fadir in God, James Archibischop of Sanct Androis, than of Glasgw, sauld and analyt to Johnne Striueling of Keir, Knyeht, the ward of all and
1523.] CHARTERS, ETC. 321
sindry the landis of Caddoure, with tenent and tenandry thairof, lyand within our regalite of Glasgw, than falland and mycht thaireftir happin to fall, quhill the entre of the rychtwis air thairto. And now we ar aduertist that Mariory Cunynghanie, lady of coniunctfee of ane pairt of thai landis, is decest, quharethrow we mycht be of aventure inducit to niak argument or truble agane the said Johnne anent the bruking of the profit of the said coniunctfe landis ; We, declarand our mynd thairin, will and grauntis that he brake and jois the ward of that coniunctfee landis peceablie, without ony impediement to be maid be ws, or ony vtheris in our name, according to his said gift, and gif neid beis of new, we, for ws and our successouris, gevis the ward of the said coniunctfee landis to the said Johnne, his airis and assignais, during the ward thairof, with all profit of the samin, and ay and quhill the entre of the rychtwis air thairto. In witness herof we haue subscriuit this writ with oure hand at Edinburgh, the xvi day of Februar, the zeir of God j')1 vc. and tuenty foure zeiris, &c.
Precept of Sasine by William Balfour of Buchopill, for infefting Walter Graham and Marjory Campbell in the lands of Drongy, 17th June 1523.
108. Willelmus Balpoue de Buchopill, dilectis meis Dauid Menteth, Johanni Makclachlan, Beyo Mechelsoun, Macolmo Menteth, et ac eorum cuilibet, coniunctim et
diuisim, balliuis meis in hac parte specialiter constitutis, Salutem. Quia concessi, vendidi et hereditarie alienaui honorabili viro, Waltero Grahame, fLlio quondam nobilis domini, Malizei Comitis de Menteth, et Mariorie Campbell sponse sue, ac eorum alteri diucius viuenti in coniuncta infeodacione, totas et integras meas quinque mercatas terrarum de Drongy, nuncupatas Gartinsalze et Blareholich, vna cum viginti quinque solidatis terrarum mearum de Bra de Buchquhopill, cum omnibus et singulis suis per- tinenciis, jacentes in senescallatu de Menteth infra vicecomitatum de Perth, prout in carta mea, dictis Waltero et Mariorie desuper confecta, plenius continetur. Vobis igitur, et vestrum cuilibet, coniunctim et diuisim, precipio et mando quatenus, visis presentibus, indilate statum possessionem corporalem et saisinam hereditariam totarum et integrarum predictarum .... terrarum . . . dictis Waltero Grahame
322 KEIR PAPERS. [1523.
et Mariorie spouse sue, vel suis certis actornatis latoribus presencimii, secundum teno- rem dicte carte, juste haberi faciatis et deliberetis, et hoc nullo modo ornittatis. Ad quod faciendum vobis, coniunctim et diuisim, meam plenariam tenore presencium irreuocabilem committo potestatem. In cuius rei testimonium sigillum meum presen- tibus est appensmn, vnacum subscriptione mea manuali, apud Striueling, decimo sep- timo die mensis Junii, anno Domini millesimo quingentesimo vicesimo tercio, coram hiis testibus, Alexandro Forestar, Preposito de Striueling, Alexandro Leuingstoun, et Jobanne Atkin, cum diuersis aliis.
Wilzam Balfour with my hand on the pen.
Gift by Colin Campbell of Auchinhowe to William Striuiling of G-lorat, of the ward of the lands of Branzait, 10th October 1523.
109. Be it kend till all men be thyr present letteris, Me Colen Campbell of Auchinhowe, superior to the landis of the Branzait, grantis me till haf sauld and analiit to ane honorable man, Wilzem Striuiling of Glorat, the ward of the saidis landis of Branzait, wicht the pertinence, Hand in the erldome of Leuenas, within the shh'efdome of Dunber- tane, now beand in my handis as our lord of the samyne, be the decess of wmquhille Andro Striuiling of Cadder, my tennent of the saidis landis, for all the space, termis and tyme of the ward, and quhile the dochter be of lauchfull age, that is herator thairof, of the said wmquhile Andro is thairto ; and that for certane sowmis of money pait and to be pait be the said Wilzem to me thairfor, as the act maid in the officiall builk thairapoun proportis : To be halclin and to be had the ward of the saidis landis of Branzait wicht the pertinence, to the said Wilzem Striuiling, his airis executoris and assignais, for all the space and termis of the said ward, and quhile the said dochtir of Andro Striuiling be of lauchfull age : The entre of the said Wilzem in and to the saidis ward landis of Branzait began at the fest of Witsonday next befor the dai of the dait hereof, and till indur for all the space and tyme of the ward of the samyn : Turnand and transferand my hale richt, properte and possessione of the saidis ward landis of Branzait fra me and myn airis, in and to the said Wilzem, his airis executoris and assignais, induring all the tyme of the said ward, and quhile ye lauchfull age of that dochter tharto, as said is : With power to the said Wilzem, his airis executoris and assignais, induring the tyme of the said ward, to set the saidis landis of Branzait for male or ferine, to input tenentis and output tenentis, or labyour the samyn, and dispone thairapon, at thair will and emplesour, with full power of court halden, herezeldis, and gresummis vptaking, vnlawis and eschetis of the saidis cowrtis to thairto talk to his
1524.] CHARTERS, ETC. 323
behuyf and profet, induring all the tyme of the said ward : Swa that he or thai nia frelie dispone and do with the saidis ward landis, as thai ma do with thair awin propyr here- tage, induring all the tyme of the ward of the samyrxe : For the faithfull obseruyng of the premisis, I the said Colyne byndis and oblisis me, be the faicht and treucht in my body, myne airis, exeeutouris and assignais, to the said Wilzem Striuiling, his airis executouris or assignais, in ye sikkerest forme and stile of obligation that is vsit, or that can be maid, na remeid of law of canone nor ciuile in the contrar to be proponit nor allegit, but fraud or gile. In witness of the quhilk thing, to thir present letteris subscriuit with my hand, my sele is affixit at Glasgw, the tent dai of October, the zeir of God J™ Y° and twentie thre zeiris, befor thir witnes Schir Jhonne Bull, notar, Robert Striuiling brudir germein to the said Wilzem, and Wilzem Campbell.
Collyn Campbell of Achynhowe.1
Bond of Manrent by Laurence Craufurd of Kilbarny, and Hew Crawfurd his son, to John Striueling of Keer, Knight, and James his son, 26th October 1524.
110. Be it kend till all men be thir present letteris, Ws Laurence Craufurd of Kilbarny, and Hew Craufurd his sone and apperand air, with consent and assent of my fadar, now having the gyding of me in my nonaige, to be bunding and oblist to stand trew and affalcl freind to ane honorabill man, Johne Striueling of Keer knycht, and to James Striueling his sone and apperand air, and to do for thame in all thair gude and lesum actionis and querrellis, and the erar of the kyndes and allia standing betuix ws, and this our kyndes to enduir for athir of our lyftimis to the said Johne and James his sone : Heirfoir we bind and oblis ws, be the faithis and trewthis of gentill men, to gif thame our best counsale, and keip secreit all materis thai or athir of thame revelis to ws vndir traist, and to do for thame in thair gud and lesum actionis : In witnes of the quhilkis we haue subscriuit this writ with our handis, at Edinburgh, the xxvi day of Octobar, the zeir of God I? Y? and xxiiii zeris, befoir thir witnes, Cristofir Craufurd. Thomas Leyrmond, Robert Craufurd, and Schir Alexander Wilsone, with vtheris diuers.
Laurens Craufurd.
Hew Craufurd with my hand.
1 'William Striueling of the Glorrat' assigned this Gift of Ward to 'Johne Striueling of the Keir ' Knycht, Margaret Froster his spoils, thair airis executours and assignayis, ane or ma,' on the 1st of August 1525. [Keir Writs.]
324 keir papers. [1524-25.
Charter by John Earl of Levinax to John Striuiling of Keir, Knight, of the superiority of the lands of Bardowy, &c, last February 1524.
111. Omnibus hanc cartani visuris vel audituris, Johannes Conies de Levinax, Dorninus Dernely, Saluteni in Domino sempiternam. Noueritis nos, ex certa scientia, vtilitate nostra vndique preuisa et considerata, vendidisse, alienasse, et hac present! carta nostra confinnasse . . . honorabili viro, Johanni Striuiling de Keir militi, hereditarie, Totam et integrani superioritatem nostram omnium et singularum terrarum subserip- tarum, videlicet, teiTarum de Bardowy, Barnellen, Barscaith, Estir Bankeir, Estir Fluchert, Birdstoun ; necnon terrarum de Balkindroch, Hawenstoun, Bauchquharn, le Boghous Bankell, le Kirktoun de Bothernok, cum jurepatronatu aduocacione et dona- cione rectorie eiusdem, Kincaid et Buchquharage ; Johanni Hammyltoun de Bardowy, in proprietate pro vna parte, et in tenendria pro alia parte spectantium et pertinentium, de nobis tanquam Comite de Levinax, per ipsum Johannem in capite tentium, aceciam superioritatem omnium et singularum aliarum terrarum et annuorum reddituum, quas et quos ipse Johannes de nobis, ut premittitur, in capite tenet . . . jacentium in dominio nostro de Levinax, et infra vicecomitatum de Dunbartane Tenendam et habendam . . . prefato Johanni Striuiling de Keir militi here- dibus suis et assignatis, a nobis et heredibus nostris, de supremo domino nostro Rege et suis successoribus, in feodo et hereditate imperpetuum . . . Reddendo inde annuatim . . . seruicia debita et consueta dicte superioritatis tantum
In cuius rei testimonium, sigillum nostrum proprium huic presenti carte nostre est
appensum, vnacum subscriptione nostra manuali, apud Edinburgh, die vltimo mensis
Februarii, anno Domini millesimo quingentesimo vicesimo quarto, coram hiis testibus,
Waltero Forestar de Torwod milite, Willelmo Striuiling de Glorat, Magistro Thoma
Bannatyn, Willelmo Lumysdene, Colino Broun, et Jacobo Meldrum notario publico,
cmn diuersis aliis.
Jiion Erl of Leuenax.
Grant by King James V. to John Earl of Lennox, to be Captain, Constable and Keeper of the Castle of Dumbartoun, 21st August 1525.
Rex.
112. We, with advice of our dearest mother the Queen, be thir our letters, makis, const!- tutis and ordanis, our trust cousing and counsillar, John Erie of Lenuox, Lord Darn- ley, &c, Captain, Constable, and Keeper of our Castle of Dumbartoun ; and committs
1526.] CHARTERS, ETC. 325
to him the rewill, giding, and keeping of the sanien, for the space of fyve years nixt to cum after the date of the day hereof, with power to him to make constables, deputs, garratours, javellers, watchmen, portours, and all other officers neidful under him for keeping of our said Castle, for the whilks he sail be haldin to answer : For the keeping of the whilk Castle, we give, grantis, and assignis be thir presentis to our said cousing, John Earle of Lennox, all lands, annuals, profits and dewties aught and wont therefor, and pertaining, or any ways may pertain thereto ; and sicklike as ony uthers, Captains of our said Castle, had for keeping thereof in times by gain : Charging heirfor the Captain, Constable, Keepers, and with haklers of our said Castle, and all other persons being therein, to deliver the samen, with all stuff being therein, pertaining to us, to our said cousin, Johne Earle of Lennox, or his factour, as yow, and ilkane of yow, will answer to us thereupon at your utter charge : Subscrivit with our hand, and under our signet, togidder with subscription of our said dearest moder, at Edinburgh, the xxi day of August, and of our reigne the eleventh year.
James E. Margaret R.
Gift by King James V. to John Striueling of the Keir, Knyght, of the sum of £600, due to the King by John Hamiltoun of Bardowy and others, 1526.
113. James be the grace of God King of Scottis, To all and sindry oure officiaris, liegis and
subditis, quhame it efferis, quhais knawlege thir our letteris salcum, Greting. Wit ze
ws, with aids of the lordis of oure secrete eounsale, chosin thairto be the thre estatis
of oure realme in parliament, to haue gevin and grauntit, and be thir our letteris,
gevis and grauntis to oure louit familiar, Johnne Striueling of the Keir, knycht,
his airis or assignais, ane or maa, for his gud and thankfull seruice done to ws, the
sovme of sex hundreth pundis vsuall money, of oure realme, quhilk wes adiugit and
decernit be vmquhile reuerend faderis in God, Williame Bischop of Abirdene, Andro
Bischop of Cathines, Dauid Bischop of Ergile, George Postulat of the Bis, Matheu
Erie of Levenax, and Mastir James Hendirsone, Jugis arbitrators and amicabill com-
positouris, chosin to consider and modify quhat sovmes of money Johne Hammyltoun
of Bardowy and the vtheris personis vnderwritin had debursit and expendit vpone
vmquhile Thomas Galbraith of Balkyndrocht, for alienatioun maid be him to thame of
the landis following ; to haue bene pait to vmquhile oure derrest fadir of gud mynd,
quham God assolze, for his confirmatioun, to haue bene gevin apone the alienationis
maid to thame be the said vmquhile Thomas, of the landis vndirwritin, and for his
interes had thairintill, throu alienatioun of the saidis landis, without his confirmatioun
2 T
326 KEIR PAPERS. [1526.
or consent ; that is to say, to the said Johne Hammyltoun, fyve pnnd land of Buch- quharne, to Johne Logane of Balvey, fyve pund land of Balkindrocht ; to Knox, fyve pund land of Hawinstoun ; to Johne Steward, broder of the said vmquhile Mathew Erie of Levynax, fywe pund land of Kirkpenny land ; to Johne Stewart of Blakhall, fyve pundis worth of the samyn Kirkpenny land ; to Petir Colquhone, fifty schilling worth of land of the Kirktoun ; and to Alane Stewart, fifty schilling worth of land of Bankell : The quhilk sovme of sex hundreth pundis now pertenis to ws, as air and successour to our said derrest fadir, to be pait be the personis abone writin, ilk ane of thame, eftir the rait of the landis forsaidis analyt to thanie be the said vmquhile Thomas ; that is to say, for ilk fyve pund land ane hundreth pundis, as at mair lenth in the decrete arbitrate gevin be the saidis arbitratouris mair fullely proportis. With power to the said Johne Striueling, his airis or assignais, ane or maa, to intromet and tak vp the said haill sovme of sex hundreth pundis, and gif neid be to convene and compell the saidis personis, thair airis, and executouris, be the law, to pay the samin, and to dispone thairone at his and thar plesour; and gif sa beis that ony of the saidis personis refusis to mak pament of thar part of the said haill sovme, eftir the rait of the landis forsaidis analyt to thame, according to the said decrete ; in that cace, we gif and assignis be thir presentis, to the said Johne Striueling, his airis and assignais, ane or maa forsaidis, the saidis landis, or samekle tharof, as the saidis personis to quhome thai war analyt, thar airis and assignais, possessouris of the samyn, refus to mak pament tharfor, of thar partis of the said sovme, and all rycht interes, titill and clame of rycht that our said derrest fader or we had, hes or onywis may haue tharto, throu the said alienatioun, or ony vthir wayis, and sail mak him, his airis or assignais, to be heretable infeft tharin be chartir and sesing alssone as the samin beis liquyd, and knawin quhat personis refusis to pay thare parte of the said haill sovme ; and als with power to the said Johne, his airis and assignais, giff thai pleis, to compone with the personis abone writin or thar airis, anent the sovmez abone writin ; and oure confirma- tioun to be gevin to thame vpoun the saidis alienationis according to the said decrete, fre, without ony vther componitioun. Attour, we discharge oure thesaurar, and all vther oure omciaris present and to cum, of all intrometting, asking and vptaking of the said haill sovme of sex hundreth pundis, or ony parte tharof, and of thare offices in that part be thir our letteris, chargcing stratlie, and commandis zou all and sindry our officiaris, liegis and subdittis forsaid that nane of zow tak vpoun hand to do or attempt ony thing in contrar this oure gift and assignatioun in ony wis in tyme curn- ing, vndir all hiest pane and charge that eftir may follow. Gevin vnder our Signete, and subscriuit with our hand, and with the maist part of the handis of the saidis lordis
1526.]
CHARTERS, ETC.
of our Secrete Counsale, at Edinburgh the our Regime the xiij zere.
day of
327
and of
Licence by King James V. to John Striueling of Keir, Knight, to sell the superio- rity of the lands of Bardowe to James Hammiltoun of Fynnart, Knight, 28th January 1526.
114. James be the grace of God King of Scottis, To all and syndry oure liegis and subditis quham it efferis, quhais knawlege thir oure letteris sail cum, Greting. Wit ze ws to haue gevin and granttit, and be thir oure letteris, gevis and grantis to oure louit, Johne Striueling of Keir, knycht, oure full consent, licence, and fredome, to analie, sell or wedsett to James Hammiltoun of Fynnart, knycht, heretablie, the superiorite of the landis of Bardowe, and certane vtheris landis pertening to Johne Hammiltoun of Bardowe in properte and tenandry, with thair pertinentis, to be haldin of ws, quhilkis wer haldin be the said Johne Hammiltoun of the said Johne Striueling, and haldin be him immediatlie of ws. Quhilk alienationn, selling or wedsetting, we will and ordanis, for ws and oure successores, salbe na hurt, dampnage, perell, skaith, nor caus of recognitioun nor foirfaltour to the said Johne Striueling, his airis nor assignais, nor
328 KEIR PAPERS. [1526.
to the said James Hamniiltoun liis airis nor assignais, or ony am of thaine, for the
alienatioun, selling, or wedsetting of the said superiorite of the landis abone writtin,
with thair pertinentis, in all or in part, as it pleissis to the said Johne Striueling, hot
that the samyn be of als greit strenth, force and effect as it wer conferrnit vuder oure
greit seill in the mair forme, without ony reuocatioun or ganecalling quhatsiuneuer.
Gevin vnder oure priue sele, and subscriuit wicht oure hand, at Edinburgh, the twenty
aucht day of Januare, the zeir of God, ane thowsand fyve hundreth tuenty sax zeiris,
and of oure Regne the xiiii zeir.
Jambs R.
Litera Johannis Striueling de Keir, militis, etc.
Obligation by James Hanuniltoun of Fynnart, Knight, to John of Striueling of the Keir, Knight, anent the lands of Perdowy, 8th February 1526.
115. Be it kend till all men be thir present letteris, me James Hammiltoun of Fynnard, knycht, to be bundin and oblist, and be the faith and treuth in my body, lelely and treuly bindis and oblisis me, myne airis and assignais, to ane rycht honorable man, Johne of Striueling of the Kere knycht, his ayris and assignais, that forsamekile as the said Schir Johne has bundin and oblist him to infefft me heretabili, be plane chartir and alienatioune, in*ill and hale the landis of Perdowy, with the ile, towre, and loch of the samyn, the landis of Barnellen, Fleucherd, Blareskeyth, Bankere, Birdstoun, with the mylnis, outsatis, tennendis, tennandriis and seruice of fre tennentis of the samyn, except the tennandry of the landis of Balkyndrocht, with all the pertinentis of the samyne, that ar hald of the Lard of Perdowy, lyand in the Erledome of Leuenax, within the Schiref- dome of Dunbretane, to be haldin of oure souerane Lord for seruice aucht and wont ; quhilkis landis pertenis to me in superiorite, haldin immediatlie of oure souerane lord, and to Johne Hamyltoun of Perdowy and to his tennentis in propirte, the quhilkis landis he has bundin and oblist him, be the tenor of the said charter, to warand to me as efferis : Neuertheles becaus the said Johne of Striueling of the Kere knycht, optenit the saidis landis be alienatioun of wrmquhilc Johne Erie of Leuenax, than immediat tennend to the kingis grace of the samyne, I bind and oblis me myne airis and assignais, that gif it sail happin the saidis landis or ony parte tharof be recouerit fra ws in defalt of the Erie of Leuenax rycht, or gif it beis fundin in ony tymis cummyn that the said Erie had na rycht to the sammyn the tyme he analeit the saidis landis to the said Johne of Striueling, in that cais I renunce and dischargis the effect of the said claus of warandis contenit in the said chartir, and bindis and oblisis me neuyr to persew the
1527.] CHARTERS, ETC. 329
said Johne nor his airis for warandis of the saidis landis : And atoure I oblis me and niyne airis to defend assist and supple the said Johne of Striueling and his airis in the peciable brukin of the superiorite of the saidis landis of Ballindrocht, the lard of Per- dowy and his wassalis brukin the propirte of the samyn according to thare infefftmentis : And elikwis I sail nocht molest nor inquiet Williame Striueling of the Gloret nor his assignais in the peciable brukyn and disposition of the rycht of the mareage of the heritar of Perdowy, disponit be the said Johne of Striueling to the said William, be na rycht maid to me be vertu of the said alienatioun nor infefftment : To the observing and keping of the premisis and euery poynt thairof, I bind and oblis me faithfully myne ah-is and assignais, to the said Schir Johne of Striueling his airis and assignais, but fraud or gile. In witnes of the quhilk thing to thir my present letteris my sele is ap- pensit and to hungin, to gidder with the subscriptioun of my hand, at Perth, the aucht day of Februar, the zere of God ane thousand fife hundretht and tuenty sex zeris, befor thir witnes, George Douglas Master of Angus, Walter Forester of Garden knycht, Alexander Drummond of Erniore, Maister Abraham Crechtoun persoun of Chernsyd, and David Spetale notar public with vtheris diuers.
James Hajiylton.
Gift by Sir James Hammiltoun of Fynnart, Knight, to William Stirling of Glorat, of the office of Deputy-Constable and Keeper of the Castle of Dumbarton, 19th March 1527.
116. Be it kend to all men be thir present letteris, me James Hammiltoun of Fynnart knycht, Capytane of the Castell of Dunbertane constitut be oure souerane lord for xix zeiris, and with powar to niak assignais, deputtis, and constabillis, and keipparis, garratoris, portaris, and officiaris tharein vnder me, as the letteris vnder his sele niaide to me thare vpone proportis ; to haif maid, constitut, and ordanit, and be thir present letteris niakis, constitutis, and ordanis ane honorabill man and my weilebelowit, Wilzem Stirling of Glorat, and his airis, my warray lawchfull and vndowtit deputis, constabillis, and keipparis of the said Castil and Fortalis of Dunbertane, and all the strenthis thareof, for all the dayis and termes of sevyntyne zeiris, nix and immediat followand the feist of Witsounday nix to cum eftir the day of the dait heirof, quhilk salbe his entre to the said offyce of constabulary and keipping of the said castell ; and thare efter to be vsit and brukit be hym and his airs ay and quhill the saidis sevyntyne zeiris be full and togidder compleit and out roune ; with all and syndry landis, annuell rentis, fischingis, malis, fermis, martis, seruice, profittis and dewiteis
330 KE1E PAPERS. [1528.
pertening or may perteing to the keipping of the said castell ; with court and plent of all the said landis and fyschingis and dewyteis, vnlawis, amercianientis and eschetis thare of to be taking wp and applyit to his awin wse and his aris, for thare lawbris and gude seruice to be downe to the kingis hienes and me in the premissis ; and with powar to sett and rais the said landis and fischingis, and the tenentis, inhabitoris thare of [efter] the vsche of thare termes to remuifs, input, out put, eik, and schenge als oft as he or his aris thinkis expedient during the said space ; and to mak and creat por- taris, garratoris, gevyllowris, and all vder offyciaris neidfull for keiping of the said castell and strenth, as he or his aris thinkis expedient durying the said space, for the quhilkis thai salbe halding to ansueir to the kingis grace and me ; and generaly all and syndry ony things to do excers and ws that to the offyce of constabulary and keiping of the said Castell ar knawin to pertein, and that I mycht do tharein my self be wertew of my commissioun as I wor personaly present ; and my aris sal warrant acquiett and defend to the said William and his aris, the said office of constabulary and keiping of the said castell, with all landis, annuell, fyschingis, rents, fermes, malis, profittis, and dewyteis pertenyng thare to, during the said sevyntyne zeiris, in all and be all thingis as is abowne expreniit, aganis all deidly as law will, but fraud or gyle : And is content to be ackit for fulfilling the samin to the said William in the offycialis bukis of Lowdeane, vnder the pane of cursing ; becaus he has contentit and payit to me for the samin, the sownie of thre hundreth pownddis vsuale mony of Scotland : In witnes of the quhilk thing to thir my letteris of constabulary and assedatione, sub- scriuit with my hand, my sele is aflLxit, at Lythgw, the xix day of monetht of Merche, the zeir of God l?1 v'. and xxvii zeiris, in presence of thir witness, Schir Johne Stirling of Keer knycht, Matho Hammiltoun, Robert Hammiltoun of Letham, James Robesoun burges of Linlithgw, Johne Birsbane of the Mukcrauf, Peter Buntyne, Johne Leneax, and Robert Foullis notar publict, with vtheris diuers.
Ratification by King James V. to John Stirueling of the Keir, Knight, as his heritable tenant in the lauds of Litill Cog, 27th May 1528.
117. James be the grace of God King of Scottis, To all and sindrie our liegis and sub-
1529.] CHARTERS, ETC. 331
dittis quhani it efferis, quhais knawlage thir our letteris saltoeum, Greting : That forsaniekle as vmquhile William Stirueling of the Keir, knycht, father to Johne Stirueling of the Keir, knycht, sauld and analeit to vmquhile Mathew Forester of the Gunnerschaw, all and hale the landis of the Litill Cog and corn myln of the Coggis, than liand within the shirefdom of Perth, to be haldin of our predicessouris and thair successouris, kingis of Scotland ; and thaireftir vniquhile Walter Forester of Garden, knycht, neuoy and successour to the said vmquhile Mathew, for certane concedera- tionis moving him, hes maid and gevin to the said Johne Stirueling, ane letter of reuersioun vnder his propir sele, for redemptioun of the landis and milln forsaidis, as in the samyn at mar lincht is contenit : Tharfor, and for the gud and thankfull seruice done to ws be the said Johne, We grant and promittis be thir presentis to him and his aii-is contenit in the said letter of reuersioun, that quhat tyme or howsone he or tha redemis the saidis landis of Litill Cog, and milln of the Coggis, fra the airis of the said vmquhile Walter, or fra quhatsumeuer vtheris possessoris thairof for the tyme, efter the tenour of the said reuersioun ; quhilkis being fulfillit, than the said Johne and his airis redemaris thairof, sail haue full and fre regres and ingi'es in and to the saidis landis and myln, with the pertinentis. And than as now, and now as than, we ressaue, admittis, ratifeis, and appreves him and thani our heritable tennentis of the samyn, to be haldin of ws and our successouris, als frelie in tym to cum, and on the samyn natour and maner of haldin, as tha wer haldin be the said vmquhill William, befor the said alienatioiui, without ony reuocatioun, forfatour, eschet, skaith or perel quhatsumeuer to the said Johne or his airis thairthrow in ony tymes to cum. Gevin vnder our priue sele, and subscriuit with our hand, at Stirueling, the xxvii day of Maii, the zer of God I™ V.c xxviii zeris, and of our regne the xv zer.
James R.
Tack by James Sandelandis of Crewy to John Striueling of the Keir, Knight, of the lands of Brokland Kinlocht, 21st April 1529.
118. Be it kend till all men be thir present letteris, me James Sandelandis of Crewy, To haue sett and for male lattin, and be thir presentis settis and for male lattis, to ane honorable man, Johne Striueling of the Keir knycht, and to his subtenentis, all and sindrie my five merk land of Brokland Kinlocht, with thair pertinentis, lyand in stewartry of Mcntheith and shirefdome of Perth, quhilk he now hes in maling, for all the space and termes of five zeris : The entre of the said Johne and his subtenneutis in and to the tak and assedatioun of my saidis landis of Brokland Kinlocht, at the fest
332 KE1R PAPERS. [1529.
of Witsounday uixttocum, efter the dait of thir present letteris, and fra thyne forth to be peciable broukit and joisit be tham enduring the said space of five zeris, in housis, pasturis, ruvre, mos, medow, wod, and with powar to furth and iniput subten- nentis and bowmen, and cottaris, as thai sal think expedient. The said Johne and his subtenentis payand thairfor zerlie to me ten merkis maill, to be payit at the tua vsuale termes in the zeir, Witsounday and Mertymes in winter, be ewinlie proportionis allanerly, quhilk males, gif thai pay nocht within xx dayis efter ilk terme, this present letter of tak to be exjoirit. And I forsuith the said James, the tak and assedatioun of my saidis landis of Brokland, to the saidis Johne and his subtenentis, induring the said space of five zeris, sail warrant, acquiet and defend as law will. In witnes of quhilkis to thir present letteris subscriuit with my hand, my sele proper is affixit, at Nework, the xxi day of Aprile, the zeir of God I™ V? tuenty nyne zeris, befoir thir witnes, Andro Striueling, Dauid Scot, William Huchone, Johne McGilroy, and Wil- liam Persone, with vtheris diuers.
Jambs Sandelandis oif Crowy, etc.
Gkant by King James V. to John Striueling of Keir, Knight, of the marriage of Jonet Striueling, heiress of Cadder, 22nd July 1529.
119. James, be the grace of God, King of Scottis, To all and sindry our lieges and subditis qukam it efferis, quhais knaulege thir oure letteris salcum, Greting : Wit ze Ws, with consent and auis of owre Thesaurare, to haue gevin and grantit, and be thir oure letteris, gevis and grantis to otire louit Johnne Striueling of Keir, knycht, his airis and assignais, ane or ma, the mariage of Jonet Striueling, dochter and aire of vmquhile Andro Striueling of Caddar, pertenyng or sal happin to pertene to ws, be ony maner of way, and failzeing of hir be deceis vnmariit, the mariage of ony vthir air or airis, maill or fame], that sail happin to succeid to the said vmquhile Andro in his heretagc, with all profittis of the said mariage : To be haldin, and to be had, the said mariage, with all profiittis tharof, to the said Johnne, his airis and assignais forsaidis, with all and sindry commoditeis, fredomes, profiittis, and richtuis pertinentis quhat- sumeuer, pertenying or richtuisly may pertene tharto ; with full power to the said Schir Johnne, his airis and assignais, to dispone apoun the said mariage as thai sail think expedient, frelie, quietlie, weill, and in peace, without ony impediment, revocatioun or aganecalling quhatsumeuir : Quharfore We charge straitlie and commandis zou, all and sindry our liegis and subditis forsaidis, that nane of zou tak apoun hand to mak ony impediment, lett, or distrublance to the said Johnne, his airis and assignais forsaidis, in the peaceable brouking, joising, intrometting and disponyng apoun the said mariage,
1531..] CHARTERS, ETC. 333
and all proffittis of the samyne, eftir the tennour of thir our letteris, and vnder all pane and charge that eftir may follow. Gevin under our priue sele, at Edinburgh, the xxij day of Julij, the zeir of God, I? Y". xxix zeiris, and of our regne the xvj zeir. Per signaturam manibus S. D. N. Regis et thesaurarij subscriptam.
Charter by John Striueling of Keir, Knight, to Mr. Adam Ottirburne of Auld- hame, of the lands of Balqubumry, &c, 1531.
120. Omnibus hane cartam visuris vel audituris, Johannes Striueling de Kere miles, Salutem in Domino sempiternam. Noueritis me, non vi aut metu ductum, nee errore lapsum, seu dolo circiunuentum, sed mea mera, pura, libera, et spontanea voluntate, vtilitateque mea vndique preuisa et pensata, concessisse, vendidisse, alienasse, et hac presenti carta mea confirmasse . . . egregio viro, Magistro Ade Ottirburne de Auldhame, Pre- posito de Edinburgh, ac supremi domini nostri Regis aduocato, omnes et singulas terras meas de Balquhumry et Arnettis croft, cum tenentibus, tenandriis, ac libere tenentium seruitiis earundem, et suis pertinenciis, jacentes in baronia et dominio de Leslie, infra vicecomitatum de Fiff; pro quadam certa summa pecunie michi, in mea vrgenti et cognita necessitate, pre manibus per dictum magistrum Adam gratanter et integre persoluta, et in vsum meum totaliter conuersa ; de qua teneo me bene contentum, plenarie et integre persolutum, dictumque magistrum Adam, heredes suos, executores et assignatos, de eadem quietos clamo et exonero, tenore presentis carte mee, imper- petuum. Tenendas et habendas omnes et singulas prefatas terras . . . dicto magistro Ade Ottirburne et heredibus suis ac assignatis, a me heredibus meis et assig- natas, de nobili et prepotenti domino, Georgio Comite de Rothes Domino Leslie, et heredibus suis, dominis et baronibus de Leslie, imperpetuum . . . Reddendo inde annuatim, dictus Magister Adam heredes sui et assignati, prefato Georgio Comiti de Rothes et heredibus suis, dominis et baronibus de Leslie denario super solo
dictarum terrarum, in die festi Penthecostes, nomine albefirme, si petatur tantum . In cuius rei testimonium sigillum meum, vnacum mea subscriptione manuali, presentibus est appensum, apud die mensis anno Domini millesimo quingen-
tesimo tricesimo primo, coram his testibns
Jhone Striueling of the Kere with my hand.
2 v
334 KETR PAPERS. [1531.
Instrument of Renunciation by James Hanimiltoune of Fynnart, Knight, of the non-entry and ward of the lands of Crukisfee, &c, in the hands of King- James V., 28th April 1531.
121 . In Dei Nomine, Amen : Per hoc presens publicum instrumentum cunctis pateat euidenter et sit notum, quod anno Incarnacionis Dominice millesimo quingentesimo tricesimo primo, mensis vero Aprilis die vigesimo octauo, indictione quarta, pontificatus sanctissimi in Christo patris et domiiii nostri, domini Cleinentis diuina prouidentia pape septimi, anno octauo : In mei notarii publici et testium subscriptorum presentia, personaliter constitutus nobilis vir, Jacobus Hammiltoune de Fynnart miles, omnibus melioribus modis via forma et jure quibus melius et efficatius de jure potuit et debuit, potestque et debet, sponte, libere, et ex sua certa scientia, pure et simpliciter ciun pariter et eiFectu renunciauit, resignauit, et extradonauit, prout tenore presentis publici iustrumenti, pureque et simpliciter renunciat, resigna.t, et extradonat, in ma- nibus excellentissimi principis, Jacobi quinti Scotorum Regis illustrissimi, nonintroi- tum et wardam omnium et singularum terrarum de Crukisfee et Inchechynnane, Scottistoun, et Dargawaill, tarn proprietatis quam tenandriarum, cum fortaliciis, pis- cariis, molendinis, multuris, aduocationibus ecclesiarum et capellaniarum earundem, cum pertinentiis, jacentium infra vicecomitatum cle Renfrow ; exceptis tenandriis Johanni Domino Erskyn, et Roberto Stewart de Mynto pertinentibus, cum reliuio dic- tarum terrarum : Neenon renunciauit et extradonauit in manibus dicti excellentissimi principis, maritagium Mathei Comitis de Leuenax, filii et heredis quondam Johannis Comitis de Leuenax, seu cuiuscunque alterius heredis, masculi aut femine, dicto Johanni in suo hereditate succedentis, dicto Jacobo, ex donatione seu donationibus dicti excellentissimi principis, sibi quocunque alio modo pertinentem et spectantem, cum omni alio jure et interesse quod idem Jacobus habet aut habere potuit, in et ad dictas terras, firmas, proficua, et deuoria earundem, in fauorem nobilis domini, Mathei Comitis de Leuenax, suorum heredum et assignatormn, pro noua donatione premissorum ipsis danda per dictum excellentissimum principem : Insuper, idem Jacobus renunciauit, resignauit, et extradonauit, prout tenore presentis instrument renunciat et extradonat pure et simpliciter in manibus eiusdem excellentissimi princi- pis, officium Custodie siue Capitanei Castri de Dunbertane, cum feodis et emoluments et proficuis eidem incumbentibus, per donationem Regis, aut alias quouismodo sibi spectantibus, in fauorem dicti Mathei Comitis de Leuenax, suorum heredum et assigna- torum, pro noua donatione ipsis concedenda ; reseruata tamen assedatione Capitanei siue Custodie dicti Castri, emolumentorum et proficuorum eidem pertinenthim, honora-
1531.] CHARTERS, ETC. 335
bili viro, Willelnio Striueling de Glorat, pro omnibus et singulis terminis in dicta sua assedatione contentis, ac secundum formaui et tenorem eiusdem : Super quibus omni- bus et singulis dictus Matheus Comes, et prefatus Willelmus Striueling, petierunt et quilibet illorum petiit instrumentum et instrumenta, publicum et publica : Acta erant hec apud palatimn regium monasterii Sancte Crucis prope burgum de Edinburgh scituatam, in camera regia interiore dicti monasterii, horam circa nouenam ante me- ridiem, sub anno, mense, die, indictione, et pontificatu quibus supra : Presentibus ibidem, reuerendo in Christo patre, Andrea miseratione diuina Episcopo Cathanensi, venerabili in Christo patre, Jaeobo Abbate de Dryburgh, Willelnio Wod de Bonyng- toun, Willelmo Hammiltoun de Sanquhar, Georgio Steill, et Willelnio Cuthery, cum diuersis aliis testibus ad premissa vocatis specialiterque rogatis.
Et ego Willelmus Wychtman, artium magister, clericus Sanctiandree diocesis, sacra auctoritate apostolica notarius : Quia etc. M. Willelmus Wychtman notarius publicus.
Act of Caution before the Royal Justices by William Striueling of Glorat,
23rd October 1531.
122. In Curia Itineris Justiciarie Supremi Domini Nostri Regis, tenta et inchoata apud burgum de Dunbertane, die Lune, xxiii die niensis Octobris, anno Domini millesimo quingentesimo trigesimo primo, coram nobili et potenti domino, Johanne Domino Erskyne, et Johanne Campbell de Lundy milite, Justiciariis supremi domini nostri Regis, coniunctim et diuisim, in absencia nobilis et potentis domini, Archibaldi Comitis Ergadie, Domini Campbell et Lome, Justiciarii Generalis supremi domini nostri Regis ; comparuit in judicio coram dicto Justiciario, Willelmus Striueling de Glorat, prout alias indietatus seu arrestatus extiterat, et per rotulos regios calumpniatus fuit, de arte et parte oppressions facte Willelmo Edmonstoune de Duntreicht, in intromissione et detencione ab eo sui loci de Duntreicht, pomariorum, siluaruni, pratorum, et lie wardis eiusdem, per spatium trium amiormn, sine aliquo juris titulo ; pro quaquidem actione et calumpnia prefatus Willelmus Striueling cepit se ad respectuacionem supremi do- mini nostri Regis ; et inuenit Johannem Striueling de Cragbernard et seipsmn plegios, coniunctim et diuisim, ad satisfaciendum partibus de eo juste conquerentibus, secundum formam juris : Datum et extractum de libro adiornalis supremi domini nostri Regis, per me Nicholaum Craufurd de Oxgangis, Clericum Justiciarie eiusdem generalem, sub nieis signo et subscriptione manualibus.
Nicholaus Ckaufued, Clericus Justiciarie.
336
KEIR PAPERS.
[1531.
Renunciation by Alexander [Stewart] Bishop of Murray, as Cominendator of Scone, to John Striueling of the Keir, Knight, of the lands of Strowe, 4th May 1531.
123. We Allexander be the permissioun of God Bischop of Murray, Commendatour of the Abbays of Scwne and Inchaifray, for vs and our Conuent of Scwne, be thir presentis renuncis and ourgiwis for euer, to Jhone Striueling of the Keir knycht, the landis of Strowe with thair pertinentis, liand within the Sbireffdom of Perthe, apprissit fra him to vs, for certane sovmez of niony quhilkis he wes oblist in the rollis of our Souerane Lordis chekeris, in the thre zeiris countis that he maid of the casualityis, of the office of Shireffschip of Perthe to haif inbrocht to vs and our said convent, of our teynd penneis of the saidis casualetyis, and granttis the saidis landis to be lawchfuly redemyt be him fra vs ; and attour dischargis him of all rwn maillis thairof, and expensis of apprysing of the samyn ; becaus the said Jhone hes payit and satisfyit vs of our saidis teynd pennyis contenit in his saidis countis. In witncs herof we haif subscriuit this present writt with our hand, at Edinburgh, the ferd day of Maij the zeer of God Jm Y* thretj and ane zeris, befoir thir witnes, Robert Striueling, Andro Striueling, William Huchoune, Schir Henry Fyngask, Maister William Merchell notarms publicus.
Ita est Willjis Merschell Notarius publicus manu propria.
Letters of Excommunication by the Official of Lothian against John Kynross of
Kippenross, 1st May 1531.
124. Officialis Sanctiandree infra Archidiaconatum Laudonie ; Curato de Edinburgh, seu cuicunque alteri capellano, Salutem : Quia alias Johannes Kynross de Kippenross legittime, ex sua propria confessione, sub pena excommunicationis, monitus, subniit- tendo se nostre jurisdictioni in hac causa, ad perimplendum et obseruandum quemdam
1531.] CHARTERS, ETC. 337
contraction alias initum et confection inter ipsum ab vna, et nobilem viruni, Johannem Striueling de Keir militem, partibus ab altera, sibi Johanni Striueling in omnibus suis punctis et articulis, minime perimplenit aut obseruauit, prout in dictam excommunica- tionis sententiam dampnabiliter incidebat, vnde ipsum, suis demeritis causantibus manifestis, excommunicamus in liiis scriptis : Vobis igitur et vestrum cuilibet, preci- pimus et mandamus quatenus, prefatum Joliannem Kinross, sic per vos excomniuni- catum fore in ecclesia vestra antedicta, et alibi vbi opus fuerit, coram populo infra missarum solempnia, omnibus diebus dominicis et festiuis, publice denuncietis, non cessantes donee aliud habueritis in mandatis : Et presentes debite executas, earundem latori reddatis : Datum sub sigillo officii nostri apud Edinburgh, die priino mensis Maii, anno Domini I™ V"; xxxi.
Die Penthicostes, ego Robertus Cristesone, Curatus de Striueling, suprascriptum Joliannem Kynross, secundum tenorem presentium, denunciaui excommuni- catum, teste manu propria, infra ecclesiam parochialeni de Striueling. Die Penticostes, ego Thomas Millar capellanus, suprascriptum Joliannem, secun- dum tenorem presentium, personaliter apprehension intimationem feci, coram testibus, Thoma Kynross, Donaldo Gorte, et diuersis aliis; teste manu propria.
Decree by the Official of Lothian in favour of John Striuiling of Keir, Knight,
7th December 1531.
125. Cristi Nomine Inuocato : Nos Thomas Mailuill Rector de Hutoun, Conimissaviusque venerabilis et egregii viri, Magistri Jacobi Symsone, Rectoris de Kirkforthir ac Officialis Sanctiandree infra Archdiaconatmn Laudonie ; Judex pro tribunali sedentes in qua- darn causa jurium coram dicto domino Officiali mota, et adhuc coram nobis pendente indecisa, inter honorabilem virion, Johannem Striuiling de Keir militem, actorem, ab vna, et Johannem Kynross de Kippaneross, reum, partibus ab altera : Cognoscentes iuxta ea que vidimus, audiuimus et cognouimus, jurisperitorum communieato consilio et secuto, quibus fidelem fieri fecimus relationem in eadem, solum Deum pre oculis habentes, eiusque nomine sanctissimo premitus inuocato, per hanc nostram sententiam interlocutoriam, vim habentem diffinitiue, quam ferimus in hiis scriptis : Pronunciamus, decernimus et declaramus dictmn Johannem Striuiling, sua jura coram nobis products bene et legittime probasse, et propterea eundem Johannem absoluendum fore, prout absoluimus a sententiis excommunicationis, aggrauationis et reaggrauationis, si quas incurrebat, ad instantiam prefati Johannis Kynross, ob non perimpletionem cuiusdam contractus inter ipsos confecti, et in libris nostre curie registrati, de data decinii quinti
338 KEIR PAPERS. [1532.
diei mensis Martii, anni Domini millesimi quingentesimi deciini octaui, quantum ad tem- pus preteritum ; non obstantibus juribus, replicationibus et triplicatiouibus coram nobis produetis pro parte dicti Johannis Kynross, et probationi admissis et minimc probatis : Ideirco dictum Johannem Kynross in expensis litis factis et fiendis, eadem nostra sententia condempnandum fore : Et hoc omnibus et singulis quorum interest notum facinius per presentes : Extractum de libro sententiarum Officialis Sanctiandree infra Archidiaconatum Laudonie ; lata et promulgata septimo die mensis Decenibris, anno Domini millesimo quingentesimo trigesimo primo : In cuius rei testimonium sigillum officii Officialatus presentibus est affixum, apud Edinburgh, anno, die, mense predictis.
Deckee by the Official of Lothian against John Kynross of Kippenross,
7th August 1532.
126. Cristi Nomine Inuocato : Nos Jacobus Symsoun, Rector de Kirkforthir, ac Officialis Sanctiandree infra Archidiaconatum Laudonie : Judex pro tribunali sedentes, in qua- darn causa jvirium coram nobis mota et adhuc pendente indecisa, inter honorabilem virum, Johannem Kynross de Kippenross, actorem, ab vna, et etiam honorabilem virum, Johannem Striueling de Keir, militem, reum, partibus ab altera : Cognoscentes juxta ea que vidimus, audiuimus et cognouimus, jurisperitorum communicato consilio et secuto, quibus fidelem fieri feciinus relationem in eadem, solum Deum pre oculis habentes, eiusque nomine sanetissimo primitus inuocato, per hanc nostram sententiam interlocutoriam vim diffinitiue habentem, quam ferimus in hiis scriptis : Pronuncia- mus, decernimus et declaramus, ex deductis coram nobis prefatmn Johannem Kynross minime absoluendum fore, nee absolui debere pariter nee absoluimus, a sententiis ex- communicationis, aggrauationis et reaggrauationis quas alias incurrebat ad instantiam prefati Johannis Striueling, ob non perimpletionem cuiusdam contractus confecti de data xv diei mensis Martii, anni Domini l*1 V? xviii : Propterea dictum Johannem Kynross in expensis litis factis et fiendis, eadem nostra sententia interlocutoria con- dempnandum : Et hoc omnibus et singulis quorum interest notum facimus per presentes : Lecta, lata et promulgata fuit hec nostra sententia, in ecclesia collegiata beati Egidii de Edinburgh, in insula Sancti Martini in eadem, loco consistoriali eiusdem solito et consueto, die septimo mensis Augusti, anno Domini l?1 V? xxxii, in presentia prefati Johannis Striueling de Keir militis : Presentibus ibidem venerabilibus viris, magistris Jacobo Garmure, Jacobo Murray, Willelmo Wichtman, Willelmo Jhonstoun, Johanne Covt'tis, Johanne Jhonstoun, et domino Roberto Symsoun capellano, cum diuersis aliis : Extractum cle libro sententiarum domini Officialis Sanctiandree infra Archi-
1532.] CHARTERS, ETC. 339
diaconatum Laudonie : In cuius rei testimonium, sigillum officii Officialatus dicti domini Officialis presentibus est affixum, apud Edinburgh, die xi mensis Septembris, anno Domini 1™ V9 xxxii.
Claim by John Striueling of the Keir against the Laird of Kippenross. Circa 1532.
127. My Lordis Jugis Arbitratouris, I, Jhone Striueling of the Keir, desyris that zour Lordschipis decern the Lard of Kipenross till optempir and fulfill to me, for his part. the contract indentourly mayd betuix vs, of the dait at Edinburgh, the xv day of Marche, the zere of God I™ Vl and xviii zeris, conform to the Officialle of Lowthionis sentence difmitiwe givin for me contrar hym, with letteris of cursyng, agrauatioun, and reagrauatioun, resit on hym for non fulfilling of the samyn, as he that is akit tharto be his owin confessioun, alsweill in the bewkis of Counsalle, as in the said officiallis bewkis : togidder with my expensis of pley, domagis and costis be nic sustenit, throw his cuniing contrar the samyn contract, as I sail particularly gif to zour Lordschipis in bill. And quhair he will allege that he hes appelit contrar the saidis sentence, I am contentit that zour Lordschipis justifie and knaw vpon the said appelacioun, and to decern tharupon sen we hawe submitit all actionis to zow, and he for his part and I for myne, to gif in our resonis to zour Lordschipis thareupone.
Item, I ask at the said Lard of Kipenross the sowm of vl li. becaus he oblist him and his ayrris, men, and seruandis, to my fader and his ayrris, with vther sindry diuers restrictionis, as is contenit in ane attentik Instroment takin thareupon, in the quhilkis he hes failzeit, and thairfor sould be decernit to pay the said sowm to me, as ayr to my said fader.
Item, I ask the said Lard of Kipenross, the proffit of the landis of Lupnoch, be the space of thre zeris fra the dait of the recougnytiotm of the samyn, quhill the day that I recouerit the decreit of warrandys tharof, extending in meyll, grassum, fysche, irne, and vtheris proffittis zerly to lxxx li.
Item, I ask at the said Lard the expensis I sustenit in defence of the decreit of recougnicioun, and in pursuyt of the said warrandys, extending to the sowm of 1". xx li.
Item, I ask for my expensis of pley that I sustenit throw the lost summondis he hes persewit contrar me for retretyng of the recougnitioun, and intending to hawe imprevit ane instroment contrar me, the sowm of 1° li. sin it is fundin be zour Lordschipis decreit, that I am assolzeit fra his petissioun.
340 KE1R PAPERS. [1531.
Resignation by Alan Hamiltoun of Bardowy, to James Harnniiltoun of Fynnart, Knight, his Superior, of the lands of Bardowy, 21st May 1531.
128. Be it kend to all men be thir present letteris, Me Alane Hanimiltoun of Bardowy, to haue resignit and ouregevin, and be the tenour heirof purelie and symplie, be staff and bastoun, resignis and ouregevis ane acre of my land, liand at the est end of my Manis of Bardowy, with aduocatioim and donatioun and rieht of patronage of my kirk of Badeirnoek, with thair pertinentis, Hand within the shirefdome of Dunbertane, in the handis of ane rieht honorable man, James Hammiltoun of Fynnart knycht, my superiour of the samyn, to remane with him and his airis for euir as thair propirtie perpetualy in all tyme tocum, to be disponit be him and thame at thair jdesour ; and that for the somne of ane thowsand pundis vsuale money of Scotland payit and deliuerit be him to me thairfor at the making heirof, of the quhilk sounie I hald me wele content and payit, and quiteclames and dischargis him, his airis, executouris and assignayis thairof for euir be thir presentis. And I forsuth, my airis and assignayis, sail warant acquiete and defend to the said James his airis executonris and assignayis, the said acre of land, with aduocatioim and donatioun and rieht of patronage of the said Kirk of Badiernok, and thair pertinentis for euir, in all and be all thingis as is, aboue expremit, aganis all deidlie as law will, but fraud or gile. And I, my airis and assignayis sail neuir cum in- contrar heirof be oure self, nor nane vtheris in oure name, nor nane vtheris that we may lett, nor sail molest nor truble the said James, his airis nor assignayis, in the peceable brouking and joising of the said acre of land and rieht of patronage of the said kirk, and disponing thairon at thair plesour in all tyme cuming, vndir the pane of payment to thame of the said soume of ane thowsand pundis money foirsaid : And gif it happyn- nis, as God forbid, that I or thai in ony wyse cum incontrar heirof, I bynd and oblis me faithfullie, my airis executouris and assignayis, to refound content pay and thank - fullie deliuer to the said James, his airis executouris or assignayis, the said soume of ane thowsand pundis, as propir confessit dett, quhilk I grant me to haue ressauit fra the said James at the making heirof, for resignatioun and ourgeving to him of my said acre of land and rieht of patronage foirsaid, within forty dayis nixt eftir it be notourlie knawin and sufficientlie previt that I, my airis or assignayis, or ony vtheris in myne or thair names, cummis incontrar the premisis in ony wyse, or trublis the said James his airis or assignayis in peceable brouking and joising of the said acre of land and rycht of patronage of the said kirk : And to the obseruing and fulfilling heirof lelely and trewlie in maner foirsaid, I bynd and oblis me faithfully, my airis executouris and assignayis. to the said James his airis executouris and assignayis, in the maist strait
1531.] CHARTERS, ETC. 341
forme and sicker stile of obligatioun that can be deuisit, but fraud or gile, na renieid nor exceptioun of law, cannon, ciuile, municipale, actis of perliarnent, statutis, consti- tutionis, or vtheris quhatsmneuir to be proponit in the contrar, renunceand the samyn for me my airis executouris and assignayis for euir, be thir presentis. In witnes of the quhilk thing to thir rny letteris subscriuit with my hand, my sele is hungin, at Hamyl- toun, the xxi day of May, the zeir of God, ane thowsand fyve hundreth xxxi zeiris, before thir witnes, WilUame Stirling of Glorat, Patrik Maxwell of Newerk, Gawyne Hamyltoun of the Haggis, Johne Hamyltoun of the Newton, Sir Andro Walch notar public, with vtheris diuerss.
Schir Andro Walcht Notar public subscriuit this for Alane Hamiltoun of Par- do we, at his command his hand twchand the pen.
Andreas Walchtus Notarius, manu propria. Ita est A. W.
Contract between Marion Maxwell, Lady of Bardowe, Alan Hamiltoune of Bardowe, her son, and John Logan of Balwee, 17th June 1531.
129. At Dunbertane, the xvii day of June, in the zeir of God I™ V; and thretty ane zeiris. It is compremittit betuix honorabill personis, Marioun Maxwell, Lady of Bardowe, Alane Hamiltoune of Bardowe hir sonne, for thare kynn, freindis, seruandis and part- takaris on that ane part, and Johne Logane of Balwee, for his kynn, freindis, seruandis and parttakeris on the tuther part, has efter fallowis, that is to say ; that the said Marioun and Alane hir sone, for them, thare kyn, freindis, seruandis and parttakeris, and the said Johne Logane, for his kyn, frendis, seruandis and parttakeris, with ane consent and assent, has conynglie schothing honorabill men, Patrik Maxwell of Nework, and William Striueling of Glorat, Capytane of Dunbertane, has neutrall vnsuspek and equall personis, baith schothing in ane voce, has Jugis, arbitratoris, and amicabill compositoris, to dissyde, discerne, decreit and counsall, anentis all slauchtoris, hurttis, domagis, skaithis, breking of assuerence, spulzeis, reifis, debaitis, actionis of forfactoris, or ony vthir contrauersiones quhatsumeuer, depending or that may depend betuix the saidis parteis, quhilkis neutrall personis sail conwein into the paroche kirk of Dun- bertane the xxii day of June instant, be ix houris befor nowne, and than sail tak the dischesioun of the saidis actiones or ony vther contrauersiones on them in maner for- said, and to be sworne tharto, to dissyde, disserne and counsall amicabile, and the saidis parteis to conuein, day and place abone writing, to abyde and vnderly the sen- tence, ordynance, and counsallis of the saidis neutrall personis, and to be schorne to fulfill the samin, without appellation or reclamation quhatsunieuer : Quhilk sentence, ordynance, decreit and counsall to be geving furcht and pronuncit within xx dayis nix
2 x
342 KEIR PAPERS. [1531.
efter the said day of conuentioun, with powar to the saidis neutrall personis to pro- rogat the samin to langer dayis has thai sal think neidfull, and in the mane thyme, the saidis parteis, ilk ane for them self, ther kyn, frendis, seruandis, and parttakeris, in the law and by the law, assuris vtheris to be one molestit ontrublit or wexit be vtheris, or ony that thai may latt, on to the day of the pronunciatioun of the decreit or ordinance and counsall to be geving has said is. And als the said Johne Logane oblisis hym to solist, lawbor and help at his hele powar, to persuad Collyne Campbell of Auchinhowie, his sownes and frendis, to appoint and concord with the said Alane anent the slawch- teris and displesoris amangis them : And attour, gif ony of the frendis of thir forsaidis lardis, principallie the Lard of Colgrane and his frendis on the tane part, and the lard of Cowdoun and his frendis on the tuther part, will nocht submet them to thir forsaidis jugis, thai sal bring with them to this saidis day sic jugis as thai will wis and abyde att for ather of them, quhilk jugis sal haif siclyk strencht and powar to dissyde in and vpone thir particular materis in all behawfis, lyk as the forsaidis Jugis haue vpon the forsaidis principall lardis : In witnes of the quhilk thing, all the saidis parteis has subscriuit with thair handis, day, zeir and place abone writing, befor thir witness : John Striueling of Cragbarnat, Maister James Striueling, persoun of Kilmodene, [?] Walter Striueling in Balagane, Walter Galbraicht of Kerscadden, Maister Johne Ker, Johne Busbae of Mukcrawft, Johne Lenox, Schir Thomas Jacson, and Thomas Bischop, notar.
Alane Hammiltoun, of Bardowe, with my hand vpoun the pen.
Jhone Logane of Ballwee.
Andro Stirling in Bankeir, with my hand on the pen.
Instrument of B.esignation by Margaret and Marjory Striuelings to John Striueling of Keir, Knight, of the lands of Welcoig, 2nd July 1531.
130. In Dei nomine, Amen. Per hoc presens publicum Instrmnentum cunctis pateat eui- denter, quod anno Incarnacionis Dominice, millesimo quingentesimo trigesimo primo, mensis vero Julii die secundo, Indictione quarta, Pontificatus sanctissimi in Christo patris et domini nostri, domini Clementis diuina prouidentia pape septimi, anno octauo: In nostrorum notariorum publicorum et testium subscriptorum presentia personaliter constitute, prouide et honeste mulieres, Margareta Striueling et Mariota Striueling, sorores. filie et heredes quondam Roberti Striueling de Welcoyg, et vnaquaque earum particulariter per seipsas, non vi aut metu ducte, nee errore lapse, seu fraude aut dolo circumuente, sed suis propriis et spontaneis voluntatibus insorante, pure et simplici- ter resignarunt, renunciarunt, et pro perpetuo sursum reddiderunt et quelibet earum renunciauit, resignauit, et pro perpetuo sursum reddidit, in manibus honorabilis viri
1532.] CHARTERS, ETC. 343
Johanuis Striueling de Keir militis, baronis baronie omnium et singularum terrarum de Keir, totas et integras predictas terras suas de Welcoig, cum niansione earundem et vniuersis suis pertinentiis, ipsis resignantibus hereditarie pertinentes, jacentes in baronia de Keir infra vieecomitatum de Perth, tanquani in manibus dominorum suorum supe- riorum earundem, ad perpetuam remanentiam apud dictum Johannem, heredes et assig- natos suos, in proprietate hereditaria remansuras. Et hoc propter nonnulla proficua et gratitudines dictis sororibus per ipsum Johannem impensas, ac omni juri et iuris titulo proprietati et possessioni earundem terrarum de Welcoig cum pertinentiis renuncia- runt et pro perpetuo cesserunt : Et de non reuocando aut contraueniendo huiusmodi renunciationi et resignationi in futurum, in judicio seu extra, dicte Margareta et Mariota, tactis Dei ewangeliis jurarunt, et quelibet earum jurauit, ac exonerarunt et absoluerunt conscientias clicti Johannis et sui patris, penes hiuusmodi terras de Welcoig et mansionem earundem cum suis pertinenciis quibuscumque. Super quibus omnibus et singulis, prefatus Johannes Stryueling de Keir miles, a nobis notariis publicis sub- scriptis sibi fieri petiit publicum siue publica, instrumentum seu instrumenta, vnum seu plura. Acta erant hec in ecclesia perrochiali de Donyng, hora sexta post meridiem, aut eo circa, sub anno, mense, die, indictione et pontificatu, quibus supra. Presentibus ibidem, Johanne Chayn de Innerdonyn, Roberto Berclay de Strowy, Malicio Moresone, Willelmo Huchoun, Matheo Grahame, Andrea Annand, et Andrea Oliphant, testibus ad premissa vocatis atque rogatis.
Et ego dominus Patricius Ross, presbyter Sancti Andree diocesis publicus sacra
Apostolica auetoritate notarius, etc. — Patkictus Ross Notarius. Et ego Thomas Annand, Dunblanensis diocesis, clericus, sacra auetoritate apos- tolica notarius, etc. — Thomas Annand.
Gift by Matthew Earl of Lennax, with consent of William Stirling of Glorat his curator, to Sir John Striueling of the Keir, of the nonentry of the lands of Auchinhowye, &c, 1st August 1532.
131. Be it kend, vs Mathow Erll of Lennax, with consent, avis, and autorite of Williame Striueling of the Glorat, our Ouratour, to haif givin, grantit and disponit, and be thir presentis, givis grantis and disponis to Jhone Striueling of the Keir, Knycht, his ayrris or assingnais, ane or ma, the nonentres and byrun malez of all and sindrye the landis of Awchinhowye, Blairskayth, Branzet and Bankeir, with thair pertynentis, Hand within the said erldom, and shirefdom of Striueling, and of the landis of Blarnayrn, and Kyrk- mechell, liand in the samyn erldom, and shirefdom of Dunbertan, of zeris and termez bypast that the samyn or onye part thairof hes beyn in our predicessouris handis or
344 KEIll PAPERS. [1532.
owris, or sail happin to be and to pertene to ws our ayrris and successoui'is, of all termez to cum, and ay and quhill the lauchfull entres of the rychtowis ayr or ayrris thairto, with the releif of the samyn gif it sail happin ; and als of ane payr of hois of skarlet clayth, zeirlye and of ilk zeir awing to our predicessouris or to ws, be Collin Campbell of Awchinhowye, or be his predicessouris of all zeris bypast for ane part of the foirnemyt landis, as is contenit intill his auld infeftmentis thairof. To be haldin and to be had the nonentres and byrun malez of the landis of Awchinhowye, Blar- skayth, Branzet, Bankeir, Blairnarn and Kirkmechell, with thair pertinentis, of zeris and termez bygane and to cum, that the samyn hes bene or sail happin to be in the handis of our predicessouris, ouris or owr successouris, and ay and quhill the lauch- full entres of the rychtowis ayr or ayrris thairto, with the releif of the samyn gif it sail happen, togidder with ane payr of hois of skarlet clayth zeirlye aucht to our saidis predicessouris or to vs of zeris and termez bipast as said is, to the said Jhone, his ayrris and assignais ane or ma, with all and sindrye fredomez, comoditeis and profittis thairto pertenyng, with powar to hym and thame to dispoyne thairapon, and to compoyne and discharge the said Collyn and all vtheris thairof, as thai sail think expedient, and to persew and follow the samyn befoir quhatsumever Juge or Jugis at thair plesour, turnand and transferrand all rycht clame, and entres that we had, hes, or may haif, in and to the saidis nonentres and birwn malez of all zeris bigayne and to cum, ay and quhill the rychtowis ayr or ayrris enter to the saydis landis, with the releif thairof, gif it sail happin, togidder with ane payr of hois of skarlet clayth zeirlye, and of all zeris and termez bipast, in and to the saidis Jlione, his ayris and assignais, ane or ma, and sail warrand, aquiat and defend the samyn to hym and thame, as law will, and concur to help thame to recouer the samyn. In witnes of quhilkis, to thir our letteris of dispossitioun, cessionerj and assignatioun, subscriuit with our hand our propir seill is affixit, togidder with the seill and subscriptioun of the said William, in taking of his consent, aviss and autorite, at Edinburgh, the first day of August, the zeir of God Jm V° thretty tua zeris, befoir thir witnes, Patrik Maxwell of Newwerk, Maister Jhone Ker, Thomas Lermotht, William Balfour, and Andro Gorthe, with vtheris diuers.
1532.] CHARTERS, ETC. 345
Instrument 011 the Renunciation by Margaret Lewingstoun, spouse of James Hammil- toun of Fynnart, Knight, of her conjunct infeftment of the lands of Bardowe, etc., 1st August 1532.
132. In Dei Nomine, Amen : Per hoc presens publicum Instrumentum cunctis pateat euidenter, quod anno Incarnationis Dominice millesimo quingentesimo tricesimo secundo, mensis vero Augusti die primo, Indictione quinta, Pontificatus sanctissimi in Christo patris et domini nostri, domini Clementis, diuina prouidentia pape septimi, anno nono : In mei notarii publici et testium subscriptorum presentia, personaliter constituta prouida mulier, Margareta Lewingstoun, sponsa nobilis viri, Jacobi Hammil- toun de Fynnart niilitis, cum consensu et assensu prefati Jacobi sui sponsi, omne jus et juris titulum quod habet habuit aut quouismodo habere poterit, in et ad suam con- iunctam infeodationem omnium et singularum subscriptarum terrarum, videlicet, ter- rarum de Bardowe, Bucharrage, Kincaid et molendini eiusdem, ac vnius acre terrarum jacentis ex parte maneriei de Bardowe, vnacum aduocatione, donatione
et jure patronatus ecclesie de Batharnok, renunciauit, pureque et simpliciter extra- donauit in fauorem honorabilis viri, Johannis Striuiling de Keir militis suorumque heredum : Insuper tactis per eandem Margaretam, sacrosanctis scripturis ad sacra Dei euangelia, jurauit, extra presentiam dicti Jacobi sui mariti, quod ad prescriptam renuneiationem non fuit compulsa, coacta, seducta, seu aliqua alia illicita machinatione circumuenta per dictum Jacobum suum sponsum, seu quemcunque aliuni, sed ex sua mera, pura et spontanea voluntate, et quod contra premissa nunquam deueniret aut deuenire procurabit, per se vel aliani intermediam personam, quouisquesito colore vel ingenio, in iudicio vel extra, vllis futuris temporibus : Super quibus omnibus et sin- gulis, prefatus Johannes Striuiling de Keir miles, a me notario publico subscripto, sibi fieri petiit hoc presens publicum instrumentum, seu publica instrumenta : Acta erant hec in hospitio prefati Jacobi, infra burgum de Linlythqw, hora quasi sexta post meri- diem vel eocirca, sub anno, die, mense, indictione et pontificatu quibus supra : Presen- tibus ibidem honorabilibus viris, Kentigerno Stevinsone de Herdsmanschelis, Andrea Ross et Thoma Leirmontht, cum diuersis aliis ad premissa vocatis pariterque rogatis. Et ego Johannes Cowtis, clericus Abirdonensis dioccsis, publicus sacra auctoritate apostolica notarius, etc. Johannes Cowtis Notarius.
[Dorso.~\ Memorandum : This lady wes monist be ane act vnder panis of curssin. of the samin dait of this Instrument, neuer to cum in the contrar herof ; quhilk act is in the officiallis bwikis of Loutheane.
346 KEIR PAPERS. [1532.
Discharge by Thomas Colquhoune of Thorntoun to Andrew Striueling of Ballin-
droieh, 22nd September 1532.
133. Be it kend till all men be thir present letteris, me Thomas Culquhoune of Thorntoun, possessour of the landis of Kirktoun : Forsamekle as I have gevin ane letter of Rever- sioune vnder my proper seill and hand writ, to Andro Striueling of Ballindroich, makand mentioime that quhat tyme and how sone it sail happin him, his airis or assignais, to content and pay to me, my airis or assignais, the sovme of sex scoir five merkis, haill and togidder in ane sovme, into the blak freris kirk of Glasgow, apone the hie altar of the samyn ; that I or thai sail resigne, remmce, quitclanie, discharge and om-gif to the said Andro, his airis or assignais, all and haill the landis of Kirktoune of Bathernoch, extendand to fifty schilling land of auld extent, with the pertinence, lyand within the erklome of Levynnax and Schireffdome of Dunbartane; Like as at niair lenth is contenit in my said reuersioune, of the dait at Edinburgh, the tent day of Maii, the zeir of God ane thousand five hundreith and thretty twa zeris ; off the quhilk foir nemmit sovme of sex scoir five merkis, I the said Thomas grantis me to haue resauit fra the said Andro, at the day of the making of thir presentis, the sovme of ten merkis, in pairt of payment of the foirsaid sovme of sex scoir five merkis, and the said Andro, his [airis] exeeutouris and assignayis, for me myn airis executouris and assignais, of the said sovme of ten [merkis quitclaines] and discharges for now and euir : And at the complet payment of the rest of the said haill sovme, I bind and obliss me, be the faitht and treuth in my body, my airis and assignais, that I or thai inconti- nent thereftir sail renunce, resigne, quitclanie, discharge, and ourgif to the said Andro, his airis or assignayis, all and haill the forsaid land of Kirktoun of Bathernoch with the pertinence, and grant the samyn landis lauchfully redemyt fra me, eftir the tenour of my said reversioune, and sail deliuer hym or thame all letteris and euidentis maid to me or my predecessouris thair apone, but fraude or gyle : In witnes heirof to thir pre- sent letteris subscriwit with my hand, my seill is affixt, at Edinburgh, the twenty tua day of September, the zeir of God ane thousand five hundreith and thretty twa zeris, befoir thir witnes, Johne Striueling of Keir knycht, Thomas Leirmonth, William Peir- sone, and James Zoung with vtheris diuers.
Thomas Colqtjhoun of Thorntoun with my hand.
Tack by John Abbot of Lundoris and Convent thereof to Sir John Striueling of the Keir, Knight, of the lands of Beny and Caitkin, 5th October 1532.
134. Be it kend till all men be thir present letteris, ws Jhone throw the penuissione of God
1532.] CHARTERS, ETC. 347
Abbot of Lundoris and Conuent of the sammyn, cheptourly gadderit and ryplye avisit, with the hail consent and assent of our cheptour, the vtilite and profeit of ws and owr place sene and wnderstand, to hafe set and for mail lattyn, and be the tenour of thir our present letteris settis and for mail lattis, to ane rycht honorable man, Schir Jhone Striueling of the Keir knycht, and to his ayris and subtenentis ane or may, al and hail owr landis of Beny and Caitkin, with thair pertinentis, to gidder with the tend schavis of the sammyn, lyand within the schirefdome of Perth and our regalite of Lundoris ; for al the dayis and termes of nyntene zeris nixt and immediat folowand the entres of the said Schir Jhone, his ayris and subtenentis ane or may, to the forsaid landis and tend schavis, quhilk entres sal be at the fest of Witsunday nixt and immediat folowand the dait of this write, and frathmfurth to endure ay and qub.il the said nyntene zeris be fullely and togidder completit and byrwyn : To be haldin and had al and sindry the said landis of Benye and Caitkin with thair pertinentis, togidder with the tend schavis of the sammyn, to the said Schir Johne his ayris and subtenentis ane or may, of ws and our successouris in maling. as the said landis lyis in lynth and in breid, be al and sindry rythis markis, methis and devisis, with fre yschay and entray, commwn pastur, with all and sindry other commodeteis, aisiamentis, liberteis and profeitis, to the saidis landis and tend schawis pertenand, or rychthously may pertene, ony maner of way, with ful power to in put and owt put subtenentis ane or may, in the saidis landis and tendis, als oft as is sene expedient to the said Schir Jhone and his ayris, endurand the tyme of nyntene zeris as said is : Payand tharfor zeirly the said Schir Jhone his ayris and subtenentis ane or may, to ws our successouris and factouris, the sowm of twelf pwndis wsual monye of Scotland, at twa wsual termes in the zeir, Witsunday and Mertimes in winter, be evinlye portionis, togidder with multur to owr myl of al cornis growand apon our said landis, with hariage, cariage, deweteis and do seruice, als mekil and als oft as sa monye mark land of our landis of Feddallis dois endurand the tyme forsaid. And gif it sal happin the said Schir Jhone his ayris and subtenentis to failze in the payment of our said multur, hariage, cariage and do seruice as said is, or in the payment of the Witsunday mail zeirly at Mydsomer, and of Mertimes mail at Sanctandrowis day, and thai be requirit; in thir caisis or ony of tkame this our present assedatione to be of nane avail, bot expirit and annullit in the self, and we fre to dispone apon our said landis and tendis without ony impediment of the said Schir Jhone his ayris and subtenentis quhatsumeuer : Alswa we forsaid Abbot and Conuent of Lundoris, be thir present letteris, makkis, constitutis and ordanis the forsaid honorabil man, Jhone Striueling of the Keir knycht, owr verray lawful and ondowtit bailze of al and sindry
348 KEIR PAPERS. [1532.
our landis of Feddallis, Estir, Westir and Beny, with thair pertinentis, lyand within the schirefdome of Perth foirsaid, and our regalite of Lundoris, for al the dayis and termes of nyntene zeris nixt and imraediat folowand the entres of the said Jhone to the said bailzery, quhilk sal be at Witsunday nixt and immediat folowand the dait of this write, and frathinfurth to endur ay and quhil the said nyntene zeris be fullely and to gidder conipletit and byrwn. Griffand, grantand, and committand to our said bailze, and to his deputis ane or may, maid with owr consent, owr ful power, special mandment and charge, for ws and in owr name, owr cowrtis of al and sindry our said landis to fix, hald and afferm, fens and continew, als oft as neid beis and sal be sene expedient to our said bailze and his deputis ane or may as said is, transgressouris to pwneis, eschetis and amersiamentis of our said cowrtis to rais and wp lift, and to our wtilite and profeit alanerly inbring, our tenentis, inhabitantis, and seruandis quhatsumeuer of our said landis, and thair guddis arrestit or attechit befor quhatsumeuer juge or jugis, to the priuilege and fredome of our regalite courtis to replege, reduce and agane bring, and to the parteis plenzeand, courtis of justice to fix, day and place to assing, coleranthis and cawtion to fynd, and for our mailis, fermis, and deweteis of our said landis gif neid beis, at owr command to pwnd and strenze ; and al and sindry other thingis to do exers and wse, at to the office of bailzery ar knawin to pertene, be law or consuetud of the realme, endurand the tynie forsaid. And forder gif the said Jhone sal happin to failze in tyme to cum in ony poyntis contenit in his obligation maid to ws, for the obserwing and keping of al poyntis and articulis contenit in the sammyne, or in ony of the poyntis or articulis contenit in this our letter of bailzery, this our letter of bailzery in thai caissis to be of nane avail, bot frathinfurth expirit in the self. For the quhilk office of bailzery and ministration of justice to be done as said is, we the said Jhone Abbot and Conuent forsaid grantis and promittis faithfully to pay to our said bailze, in name of fee, be our chawmerlane zeirly, twa markis wsual monye of Scotland, at twa wsual termes in the zeir, Witsunday and Mertirnes in winter, be evinly portionis alanerly: Haldand and for to hald ferm and stabil al and sindry thingis quliatsumeuer our said bailze and his deputis ane or may in the premissis dois, or of the law leidis to be done, endurand the tyme forsaid. And we forsoith the said Jhone Abbot and Conuent forsaid and our successouris, sal warrand and aganis al deidly defend as law wil, the said landis and tendis, and this our present assedation, in al poyntis and articulis abone writin to the said Jhone his ayris and subtenentis forsaid, endurand the tyme of nyntene zeiris alanerly : In witnes of al and sindry thingis abone writin to thir our present letteris of assedation and bailzery we haif appensit our commwn seil, to gidder
1532-33.] CHARTERS, ETC. 349
with our subscriptionis manual, at Luncloris, the v day of October, in the zeir of God ane thowsand five hundreth thretty and twa zeris.
Johnn Abbot of Lundoris.
Johannes Supprior eiusdeui. Georgius Bonar. Johannes Blair. Alexander Broun. Bicardus Barcar. Wyllelmus Weland. Willelmus Meffan. Georgius Quhyt. Wilehlnius Mertial ad idem. Archbaldus Fyff. Allexander Wrycht. 'Allexander Bichertson. Villelmus Crag. Gylbertus Merschell. Robertas Jameson. Jacobus Carstaris. Johannes Smyth. Andreas Wod. Andreas Lesly. Dauid Orm. Thomas Vilson. Jacobus Kynloch. Johannes Zowng. Patricius Steil. Alexander Paterson.
Service of Elizabeth Galbreth as one of the nearest heirs of umquhile Thomas Galbreth, sometime Laird of Balkindrocht, her brother, 7th October 1532.
135. Curia Capitalis vicecomitatus de Striueling, tenta in pretorio euisdem, septimo die mensis Octobris, Anno Domini, 1? V° xxxii, per nobilem et potentem dominum Johan- nem Dominum Erskin, vicecomitem eiusdem, et Thomam Porterfeild de Chapeltoun eius deputatum : Sectis vocatis, curia amrmata.
Assisa. James Halden of Glennegass, John Setone of Gargunnok, Schir James Forester of Garden, knycht, Duncan Forestar of Culmore, William Levinstoun of Kilsith, Walter Stewart of Culbeg, Thomas Somerwile of the Plane, William Flemyng of Bord, Bychard Lekky of that Bk, William Levingstoun, Walter Gfahame, James Wair, Walter Lokart, John Forestar, John Gentilman.
The quhilk day, the said assis fand and deliuerit, that Elizebeth Galbreth is ane of the sisteris of vniquhill Thomas Galbreth, sumtyme lard of Balkindrocht, and is ane of the nerrest and lauchfull aris of hym, and secund sister in degre, and of lauchfull age.
This is the copy of the delyuerance of the assys abune vryttin in this mater, copyit owt of the Cowrt buk, apon the quhilk the ratour is to be maid.
Jhon Lord Erskin.
Decree of the Lords of Counsel referring the disputes between John Striueling of the Keir, Knight, and John Kinross of Kippaneross and his son, to Arbiters, 19th July 1533.
136. At Edinburgh, the xix day of Julii, the zeir of God I™ V.c and xxxiii zeris. In presens
2 Y
350 KEIR PAPERS. [1533.
of the Lordis of Counsale vnderwrittin, that is to say, ane maist reuerend fader in God, Gawine Archibischope of Glasgw cbancelare, venerable faderis in God, Alexander Abbot of Canibuskynneth president, Robert Abbot of Kinloss, Maister Richert Both- uell, Persoun of Askirk, Maister Henry Quhite, Persoun of Fynnevin, Maister George Kar, Provest of Dunglass, Maister William Gibsoun, Dene of Restalrig, Maister James Foulis, Clerk of Registri, Johnne Canrpbell of Lundy, knycht, Nicoll Craufurd of Oxingangis Justice Clerk, Maister Adame Otterburne of Auldhame, Aduocate to oure souerane lord, Thomas Scot of Petgormo, Maister James Lausoun, Provest of Edinburgh, and Maister Francis Bothuell, burges of the samyn ; Comperit Johnne Striuiling of the Keir, knycht, on that ane part, and James Kinross, sone and air apperand of Johnne Kinross of Kippanross, and Maister Henry Spittale, procuratour for the said lard of Kippanross, on that vther part, and band, oblist and compromittit thame to abyde vnderly and fulfill the land decrete and finall sentence of thir personis vnderwrittin, evinlie and commonelie chosin betuix the sadis partiis, and jugis arbi- toiu-is, and amicable componitouris ; Anent the conscience and grand rycht of ane decrete of recognitioun past vpoun the landis of Lupnoch, as in ane summondis for retreting of the said decrete of recognitioun of the sadis landis, raisit at the instance of the said Johnne Kinross of Kippanross, aganis the said Johnne Striuiling of the Keir, knycht, is contenit ; and anent all vtheris actionis, debatis, querellis, and pleyis, that ony of the sadis partiis hes to allege ask or clame aganis vtheris in ony tyme bigane vnto the day of the dait herof, that is to say, venerable faderis in God, Alexander Abbot of Cambuskynneth, Robert Abbot of Kinloss, and ane noble and mychty lord, Johnne Lord Erskyn, and the said venerable faderis hes presentlie takin the said matter in and vpoun thame, and thai to convene with the said Lord Erskyn, and solist him, for the weill of baith the sadis partiis, to tak the mater vpoun him, and assigne certane dayis and termis as thai sail think expedient to the partiis forsadis, ilk ane of thame to gif in thare clames, rychtis, askingis, petitionis and desyris that ony of thame hes to allege or say aganis vtheris in the said mater, and to persew and defend as accordis ; and the jugis arbitouris forsadis to be avisit thairwith, and tharefter to giff furth thair sentence in amicable wys, as thai sail think maist proffittable and ganand for the wele of baith the saidis partiis, betuix this and the feist of Sanctandro nixto- cum ; and quhat decrete and sentence salhappin to be gevin be thame thareupoun, the samyn to haue eifect and strenth of ane decrete of the Lordis of Counsale in tyme to- cum, and the kingis letteris to be direct thareon to command and charge, compell and distrenze euery ane of the saidis partiis for the fulfilling of thare part thareof in forme as afferis. Extractum de libro actorum per me, Magistrum Jacobum Foulis, Clericum
1533.] CHARTERS, ETC. 351
Rotuloriun Registri ac consilii supremi domini nostri Regis, sub ineis signo et sub- scriptione manualibus. Jacobus Foulis.
Discharge by David Schaw of Camsmoir to John Striuelyng of the Keir, Knight,
10th November 1533.
137. I Dauid Schaw of Camsmoir grantis me fullely and compleitly payit, be Jhone Striue- lyng of the Keir knyckt, of the haill sowme of tua hundreth rnerkis, be hym awing to me, for payment of quhilkis he is actit in the Comisserris bewkis of the kingis Chapell Riall of Striuelyng, and the termes off payment tkairof bipast: And als I half resauit fra hym the sowme of fowr pund of the Witsonday males last bipast, of the xl schilling- land of Ardquhilloure, quhilk landis the said Johne redemit fra me ; and nochttheles he promitit to gif me the said iiii1.' in cais that he failzeit in payment of the said iic. merkis at the days contenit in the said act ; quharfor I hald me weill contentit and compleitly payit of the said haill sowme of ii1: merkis, togidder with the said iiii" of males, and quitclames and dischargis the said Johne of the samyn for euer, and will and consentis that the said act maid thairupon be destroyit anentis the payment of the saidis sowmes. In witnes of quhilkis, I haif subscriuit this acquitance and discharge with my hand, at the Keyr, the x day of November, the zere of God Jin Yc. thretty thre zeris, befoir thir witnes, George Schaw of Knokhill, James Kynloch of Row, James Schaw sone to the Lard of Knokhill, Thomas Leirmocht, Alexander Stewart, Jok Striuelyng, and Donald McGilwe, with vtheris diuers.
Dawyd Schaw wyth my hand.
Letter by King James V. to the Provosts, &c, of Glasgw and Dunbertane relative to the supply of wine to Dunbertane Castle, 4th April [1533?]
Rex.
138. Prowest, balzeis, aldermen and communiteis of our cete and brugh of Glasgw and Dunbertane : Forsamekill as neidfull it is that our Castell of Dunbertane be furnist with wictuallis for the swrer keiping of the samin, and als that furnising of wynis be had therinto for our prowissioun to be rady to ws and our cuming in tha partis : Our will is heirfor, and alswa requestis. reqwyris, and chargis zow and ilkane of zow, omciaris forsaidis, and all vtheris omciaris present and to cum, that of the schipis franche men and prysis now cuming in zowr waiter and boundis, and siclyk quhen ony vtheris schipis of our liegis or of strangeris [that com]is within zowr [walteris,] radiis or
352 KEIR PAPERS. [1534.
hyewynis with wynis, that ze in[eontinent deliuer] to William Stry[ueling of Glorat,]
Capytane of our said Castell, his Constabill, fa[ctouris by his comjand, thre or four
townis of wyne of euery schip that arrywis within zowr boundis, to be takin of the first
and hale heid of euerie ilk schip of the best sort of wynis, as he sal think nescesar and
expedient for prowissioun and furnessing our selff and our said Castell, and that he be
first ansuerit thereof befor ony otheris : He paying to zow, or to the merchandis
quham to the saidis wynis pertenis, siclyk and als niekill for the saniin, as ze pay for
the reininent effering to the part that he exceppis and reseruis therof : And this ze
do as ze will do ws plesor ; and vnder all the hiest pane and chargis that efter may
follow : Subscriuit with our hand at Striueling the ferd day of Aprile, and of our
regnne the zeir.
James R.
Ratification by King James V. to George Stirling of Glorat, of the office of Constable of Dumbarton Castle, 18th April 1534.
Rex.
139. Wee having consideration of the thankfull and true service done to us and our maist
noble father be uniquhill William Stirling of Glorat, and his father ; and that the
said William is crewelly slain the last Good-Friday acting for us direct in our chairge
and service ; be thir presents ratifies and approves to George Stirling his sone and
air, the letter of assedation of the constabulary and keeping of our house and castle
of Diunbartan, with all lands profits and emoluments pertaining thereto, grantit and
given by us to the said William and his airs, for certain years contained thereinto ;
and wills he bruik the samen efter the tenor thereof, he serving us truely in the
said office : Subscrived with our hand att Stirling, the thirtein day of Aprile, and
of our reigne the twenty-first year.
James R.
Letter by King James V. to George Stirling of Glorat, thanking him for his service done to the King, 21st May 1534.
Rex.
140. Trust and well beloved friend, we greet you heartily well ; and has understand by our secretar, and James Wallace, Pursevant, the bearer, your dilligence and good service done to us att this time, whereby ye could have done us nae greater pleasour ; wherefor we thank you greatly, praying you to continew in your dilligence and gud service in time coming ; likeas the said James will inform you, as ye will report
1534-35.] CHARTERS, ETC. 353
our speciall thanks and reward, and doe us singular euipleasour : Subscrived with
our hand and under our signet, att Dundee, the twenty first day of May, and of
our reigne the twenty first year.
James Rex.
Warrant by King James V. to the Captain, Constable, and Keepers of his Castle of Dunbertane, to set Walter Grahame at liberty, 27th June 1534.
Rex.
141. Capitane, Constable, and Keparis off our Castell of Dunbertane. It is our will and
we charg zou, that incontinent efter the sycht heroff, ze deliuer and put to fredoine
Walter Grahame, nov beand in ward wythin our said Castell, to pass at his liberte
quhar he plesis ; ze kepand this wryttyne for zour warand : Giffyine vnder our signet,
and subscriuit wyth our hand, at our Castell off Striueling, the xxvii day of Junii,
and of our regime the xxi zer.
James R.
Signature by King James V. to John Striueling of the Keir, of the lands of Kippanedawy, 18th January 1535.
142. Oure Souerane Lord ordanis ane charter of confirmatioun to be maid vnder hes grete sele in the mare forme, Ratefiand, apprewand, and for his hienes and successoris per- petualy confirmand the charter maid be John Creichtoun of Rwnanis to John Striue- ling of the Keir, knycht, his airis and assignais, off all and sindry his landis of Kippane- dawy with the pertinentis, Hand within the Shirefdome of Perth, in excambiun with certane vtheris his landis, lyand in the barony of Touchadaru, within the Shirefdome of Striuiling, contenit in vtheris euidentis maid to the said John Striuiling thairupone, for the said John Striuilingis landis off the Manis of Megill Brewland, Smyddeland, and dewiteis of the sammyn, with all thair pertinentis lyand within the said Shirefdome of Perth, that is to say, the saidis landis of Kippanedawy, to be haklin of oure Souerane Lord and his successoris, as at rnair lenth is contenit in the said chartir of excambiun maid thairupoun. Salfand to his hieness and successoris, rychtis and seruice of the saidis landis of Kippanedawy audit and wont befor the said confirmatioun. Attour, gyf it sail happin the saidis landis of Kippanedawy and Touchadam, with thair jDertinentis to be ewictit, recouerit or redemit fra the said John Striuiling, his airis or assignais, in ouy wis, sua that thai may nocht peciabilly bruk and jois the sammin. be vertew of the saidis charteris and infeftmentis maid to hyni thairupoun, in that cais oure Souerane Lord willis and grantis, and for his hieness and successoris, decernis and ordanis that
354 KEIR PAPERS. [1537.
the said Jlion Striuiling, his airis and assignais, sail haif full and fre regress and ingress to the saidis landis of the Manis of Megyll, with 'all thare jiertinentis forsaidis, and now as than, and than as now ressauis, admittis, ratifiis and apprevis thaim heretabill tenentis to his hienes thareof ; to be haldin of his grace and successoris in siclyk maner, and for siclyk seruice, as the said John Striuiliug held the sammyn of befor the said excambiun allanerly; and that preceptis be directit ordourly hervpone: Subscriuitbe oure souerane lord, at Striueling, the xviii day of Januar, the zeir of Cod 1™ Yc- xxxv zeiris.
Cornpositio vij ^ [Dorso.'] Ja. Coluile.
Georgius Tkesaurarius Abirdonensis.
Precept of Sasine by William Levingstoun of Kilsytht for iufefting Janet Striueling of Cadder in the lands of Bankeir, etc., 9th November 1537.
143. Willeljids Levingstoun de Kilsytht, dilectis meis Thome Broun seniori, Thome Broun juniori, Patricio Watsone, Thome Atzing, balliuis meis in hac parte, coniunctim et diuisim. specialiter constitutis, Salutem: Quia duo breuia supremi domini nostri Regis, sub testimonio sui magni sigilli inclusa, in debita forma cancellarie michi presentata sunt, quorum vnum in se mentionem continet, quod Colinus Campbell de Auchinhowye, superior immediatus terrarum de Bankeir et Branzet cum pertinenciis, jacentium in comitatu do Leuenox infra vicecomitatum de Striueling, per diuersa precepta et man- data cancellarie supremi domini nostri Regis, requisitus fuit ad dandvim saisinam dic- tarum terrarum de Bankeir et Branzet, Jonete Striueling de Cadder vel suis actornatis, et eisdem minime obediuit : Aliud vero breue dicte cancellarie proportans, quod dictus Colinus, superior immediatus mcmorate Jonete terrarum de Kirmychall et Blanarne, jacentium in dicto comitatu infra vicecomitatum de Dunbertane, per diuersa precepta et mandata dicte cancellarie, ad dandum saisinam prefate Jonete dictarum terrarum de Kirkmychall et Blanarne symiliter requisitus ectiam minime obediuit : Et propterea quia prcnominate terre per dictum Colinum de me immediate tenentur in capite, me requirendo sasinam predictarum terrarum prefate Jonete tradere et dcliberare, saluo jurccuiuslibet; proutin hujusmodi breuibus michi directis plenius continetur: Ego igitui',
1537.] CHARTERS, ETC. 355
dictis breuibus siue preceptis regiis parere volens vt teneor, Vobis et vestrum cuilibet, coniunctini et diuisim, balliuis nieis in hac parte, firmiter precipio et inando quatenus visis presentibus, indilate accedatis seu alter vestrum accedat ad predictas terras . . . et ibidem statim sasmam hereditariam, et possessionem corporalem, actualem et realem omnium et singularum prefatarmn terrarum suprascriptarmn cum pertinenciis, dicte Jonete Striueling de Cadder, vel suo actornato latori presentium, per deliberationem terrarum et lapidum fundorum eorundem vt moris est, juste liaberi faciatis et deliberetis, secundum tenorem antique sue infeodationis ; et hoc nullo niodo omittatis : Ad quod faciendum vobis et vestrum cuilibet, coniunctim et diuisim, meam plenariam et irreuoca- bilem tenore presentium committo potestatem : In cuius rei testimonium sigillum meum presentibus est appensum, vnacum mea subscriptione manuali, apud Faukirk, nono die mensis Nouembris, anno Domini millesimo quingentesimo trigesimo septimo, coram his testibus, Johanne Striueling de Keer militi, Thoma Leirmointh, Alexandra Levingstoun, Jacobo Henderstoun, AVillelmo Peirsone, Johanne Leis, Thomas Makcorrane et domino Alexandre Robesoun capellano ac notario publico, ciun diuersis aliis.
Welze Leuingston of kylsyt w'. my hand.
Gift by King James V. to John Striueling of the Keire, Knight, of the escheat of umquhile Colin Campbell of Auchinhowe, 18th December 1537.
144. James, be the grace of God King of Scottis, To oure Shireff of Striueling and his deputis, and to our louittis
messingeris, oure Shireffis in that part, coniunctlie and seueralie, specialie constitute, Greting. Witt ze ws to haue gevin and grantit, and be thir our letteris, gevis and grantis, to oure louit Johnne Striueling of the Keire, knycht, his airis and assig- nais, ane or ma, all and sindry the gudis movabill, dettis, obligationis, actionnis, takkis, stedingis, cornis, catall and vthiris quhatsumever, quhilkis pertenit to vmquhill Colyn Campbell of Auchinhowie, and now pertenyng to ws, and being in our handis be resoun of eschete, throw the convicting and justifying of the said Colyne in the Justice Court haldin in our tolbuthe of Edinburghe, befor our Justice and his deputis the xv day of November, the zeire of God Jni Y° xxxvij zeris, be ane assise, for art and part of the cruell slauchteris of vmquhill Alane Hammyltoun of Bardowe, Robert Striueling of the Lettir, and Andro Striueling of Ballindroich, and being at our home for the said slauchteris ; Excepand the corne, catall and gudis intromettit with be our cousing, Johnne Lord Erskin, our Shireff of Striueling being within our said shiref- dome of Striueling, becaus he hes intromettit thairewith, and hes promist to inbring
356 KEIR PAPERS. [1537.
the saniyne to our vse : . . . Qukarfore, we charge straitlie, and comrnandis zow our said Shireff of Striueling, and zour deputis, and vthiris, our officiaris, Shireffis in that part forsaidis, to serche and seik the saidis eschete gudis, dettis, takkis, obli- gatiounis, actiounis, and vthiris, as said is, quhatsumever, quharever thai can be apprehendit, except befor exceptit, and inak the said Johnne Striueling, his airis and assignais forsaid, be thankfully pait and obeyit tharof, and gif neid beis, to poynd, compell, and distrinze, the withhaldaris tharof for the samyne, thare landis and gudis as efferis : The quhilk to do we coinniitt to zow, coniunctlie and severalie, our full power, be thir our letteris, deliuering thame be zou deulie execute and in- dorsate agane to the berar. Gevin vnder oure priuie sele, at Edinburgh, the xviij day of December, the zeire of God, Jni V". xxxvij zeris, and of oure regne the xxv zeire.
Per Signaturani nianu Supremi Domini Nostri Regis subscriptam.
Retour of George Striueling of Gloret, as heir of his Father William Striueling of Gloret, in the lands of Eister Gloret and Wester Gloret, 15th January 1537.
145. Hec Inquisitio facta fuit in pretorio burgi de Striueling, coram nobili domino, Johanne Domino Erskin, vicecomite de Striueling, et Roberto Bruce ipsius deputato eiusdem, decimo quinto die mensis Januarii, anno Domini millesimo quingentesimo trigesimo septimo, per hos honorabiles viros, Johannem Striueling de Kere militem, Robertum Bruce de Artht, Thomam Somerwile de Plane, Alexandrum Drummond de Carnok, Jacobum Bruce, Robertum Bissat de Querrell, Richardum Lekky de eodem, Johannem Cragingelt de eodem, Alexandrum Levingstoun de Terenterane, Johannem Levingstoun de Manerstoune, Dauid Levingstoun de Dawderss, Willeknum Crawfurd de Hanyng, Duncanum Forestar de Culmore, Alexandrum Levingstoun de Grugfut, et Johannem Douglas in Saucky : Qui jurati dicunt, quod quondam Willelmus Striueling de Gloret, pater Georgii Striueling de Gloret latoris presentium, obiit vltimo vestitus et sasitus, ut de feodo, ad pacem et fidem supremi doniini nostri Regis, de omnibus et singulis terris de Estir Gloret et Westir Gloret, cum turri et manerio earundem, salua et ex- cepta tercia parte septimarum partium dictarum terrarum de Estir et Westir Glorettis, que olim pertinebat quondam Mariorie Hepburn hereditarie ; necnon de superioritate omnium et singularum terrarum de Estir Baldoren, que olim pertinebat hereditarie Waltero Stewart, cum debitis et seruitiis ac omnibus suis pertinentiis, jacentibus nunc infra vicecomitatum de Striueling : Et [quod] dictus Georgius est legittimus et pro- pinquior heres dicti quondam Willelmi patris sui, de dictis terris turre manerio et
1538.] CHARTERS, ETC. 357
superioritate cum suis pertinentiis, exceptis perprius exceptis : Et quod est legittime etatis : Et quod dicte terre de Westir Gloret, cum turre et manerio earuudem, exceptis perprius exceptis, et dicte terre de Estir Baldoren, cum omnibus suis pertinentiis, nunc valent per annum viginti libras vsualis monete regni Scotie, et tempore pacis nouem libras xiiii s. x d. dicte monete ; et quod dicte terre de Estir Gloret cum pertinenciis, exceptis prius exceptis nunc valent per annum decern libras, et in tempore pacis quatuor libras xiiii"r s. x d. dicte monete : Et quod omnes prenominate terre de Estir et "W estir Gloretis, cum turre et manerio earundem, exceptis perprius exceptis, et omnes et singule terre de Estir Baldoren, cum omnibus suis pertinentiis, tenentur de Matheo Comite de Leuenax, de modo sequente, videlicet, dicte terre de Westir Gloret, cum turre et manerio earundem, exceptis perprius exceptis, et omnes et singule dicte terre de Estir Baldoren, cum suis pertinentiis, in albafirma, reddendo pro eiisdem annuatim, dicto comiti et heredibus suis, vmmi denarium argenti apud dictum manerium in festo Penthicostes, nomine albefirme, si petatur ; et pro dictis terris de Estir Gloret, exceptis perprius exceptis, dicto comiti et heredibus suis, reddendo annuatim tres sectas curie ad tria placita capitalia dicti comitatus de Leuenax, nomine warde et reliuii tantum, pro onmi alio onere, etc. : Et quod omnes et singule dicte terre de Estir Gloret, Westir Gloret, cum turre et manerio earundem, exceptis perprius exceptis, et omnes et singule dicte terre de Estir Baldoren, cum omnibus suis pertinentiis, fuerunt in manibus su- premi domini nostri Regis, a decessu quondam Johannis Comitis de Leuenax, vsque ad diem Sancti Mathei Apostoli vltimam elapsam ante diem date presentium, per spatium vndecem annorum vel eocirca, ratione warde dicti comitatus, et ab dicto die Sancti Mathei, ad quern dictus Matheus Comes de Leuenax fuit etatis viginti vnius annorum, et intrauit ad predictum suum comitatum, fuerunt in manibus suis ratione nonintroitus, in defectu veri heredis jus suum hucusque minime prosequentis : In cuius inquisitionis testimonium sigilla quorundam eorum qui dicte inquisitioni intererant faciende, vnacum breui capelle regie intus clauso, sub inclusione sigilli dicti vicecomitis presentibus sunt appensa, anno, die, mense, et loco quibus supra.
Indenture between John Striueling of the Keir, Knight, and Patrick Menteitht, son and heir of umquhile James Menteitht of Ratho, 8th May 1538.
146. Thir Endenturis maid at Edinburgh, the viii day of Maii, the zeir of God 1™ Vc. threty aucht zeris, proportis, contehis and beris lele and suthfast witnessing in the self : That it is appoyntit, contractit and fynalie agreit betuix Johne Striueling of the Keir knycht, on that ane part, Patrik Menteitht, sone and aire of vmquhile James Menteitht of Ratho,
•2 z
358 K.EIR PAPERS. [1538.
on that vther part, as followis, that is to say ; That the said Patrik sal instantle mak sufficient letteris of procuratoriis to the said Johne, making him, or vtheris quham plesis the said Johne to nemnie, his lauchful procuratouris to rais breves of our soue- rane lordis chapell for the said Patrik, to mak him be enterit and seruit of his landis of Cailzenrvk, lyand within the stewartry of Menteith and shirefdome of Pertht, and thairefter recouer saising to him of the samin, be actornaiis to be rasit inlikwyis furth of our souerane lordis chancellarie ; and alsua to resigne the saidis landis of Cailzemvk with the pertinentis in the handis of our souerane lord the Kingis grace, or thame havand powar to ressaue the said resignatioun, in fauer of quhame sail pleis the said Johne, heretablie to remane with thame ; And that the said Johne sal do his diligence to get the samin sped and done betuix and Mychalmes nistocum, or within xx dayis thaireftir : For the quhilkis resignatioun and alienatioun to be maid to quhame the said Johne plesis of the saidis landis, he sal content and pay to the said Patrik the sovme of ane hundreit frankis franche money, within ane moneitht efter the said resignatioun and alienation, and sail caus Maister Thomas Mariorybankis, or vtheris merchandis of Edinburght, ansuer the said Patrik thairof in the realnie of Franshe at tyme forsaid, the said Patrik than deliuerand quhat vtheris euidentis and securiteis of the said aliena- tioun of the saidis landis to quham plesis the said Johne, necessar and sufficient for the securite : In witnes heirof baitht the saidis Johne and Patrik hes subscriuit thir enden- turis in dowble forrne, at Edinburght, day and zeir abone writtin, befoir thir witnes, Thomas Leirmoitht, Schir Henry Fyngask, James Henriesone, William Peirsone, Thomas Byschop, and James Bannatyne notaris publict, with vtheris diuers.
Patrik Menteitht of Ratho with my hand on the pen. Jacobus Bannatyne testatur per [hec] Ita est Thomas Byschop notarius pub- scripta se inter testes ad premissa re- licus in premissis requisitus, de man-
quisitum fuisse. dato dicti Patricii Menteitht ipso nes-
ciente scribere, premissa approbans ; teste manu mea propria. [Dor so .] Vltimo die mensis Januarii, anno Domini 1™ V? xlm° : Monitus est Patricius Menteith restroscriptus, ex sua propria confessione, ad perimplenda et obseruanda omnia et singula contenta in retroscripta indentm'a, Jacobo Striueling, filio et heredi quondam Joannis Striueling de Keir militis, in omnibus suis punctis et articulis, in termis in eadem indentura contentis, sub pena excommunicationis : Necnon approbauit, ratificauit, et recognouit retroscriptam indenturam, et affirmauit eandem, manu sua tangente pen- nam subscriptorum notariorum retroscriptorum.
1538.] CHARTERS, ETC. 359
Indenture between John Striueling of the Keir, Knyeht, and David Ramsay of
Colluithe, 9th March 1538.
147. Thie Endentm'is maid at Edinbrught, the nynt day of Marche, the zeir of God 1™ Vr xxxviii zeris, proportis and beris witnes in the self; that it is ajjpoyntit and agreit betuix honorable men, Johne Striueling of the Keir knyeht, on the tane part, and Dauid Ram- say of Colluithe on the tuther part, in maner and effect as eftir followis, that is to say, The said Dauid, be his charter and precept for saising in dew forme of alienatioun, sail annalie to the said Johne heretabillie, his five merk land auld extent of Brokland Kin- loicht, with thair pertinentis, lyand in the stewartry of Menteitht and shirefdome of Pertht, vrider his sele and subscriptioun manuell, to be haldin of our souerane Lord, siclike as the said Dauid held the samin of befoir ; on the quhilk alienatioun the said Johne sail rais our souerane Lordis confirniatioun on his awin coist and expensis, and als the said Dauid, for him his aris, executouris, and assignais, and for all vtheris be him or throw his rycht may clame interes thairto, exoneris, quitclaims, and dischargis the said Johne Striueling, his aris, executouris, and all vtheris that throw him or at his com- mand hes intromettit or occupiit the said five merk land, iustlie or iniustlie, in ony tyme bigane, befoir the doit heirof, and for all intrometting and vptaking of the maleis prof- fittis and dewiteis thairof be the said tyme and space, and exoneris him and thame of the samin for euire : And attoure, the said Dauid sail mak and giff sufficient letteris of powar to the said Johne his aris and assignais in sufficient forme, to follow and per- sew James Kinloicht, sone to vniquhile Johne Kinloicht in Rowis, for all sovmes of money awing be the said James to the said Dauid for the by runn males of the saidis five merk land, and to inbring the samin to the said John his aris and assignais vse, to remane with him and thame, of all zeris and termes brpast : And also to call the said James, in name and behalf and at the instance of the said Dauid, befoir quhatsurn- euir juge or jugeis that plesis the said Johne, to here decernit and declarit that the asse- datioun of lifrent allegit be the said James to pertene to him, be ony letteris or rychtis grantit or gevin to him or his said vniquhile fader, be vmquhile Jonete of Kinloicht, grandame to the said Dauid, or be him self, to be of nane avale force nor effect, throw the nochtfulfilling of certane poyntis and conditionis, and nocht paying to the said Dauid of the males of the foirsaidis landis, eftir the tenour of ane instrument takin thair- upoun in the handis of William Rutherfurd nottar publict, or be ony vther rychtis or ressonis that may be persewit be the said Dauid. or in his name and behalf, for exspyr- ing or annulling of the said James forsaid allegit assedatioun ; to the effect that gif the samin may be iustlie be ony maner of way exspyrit or annullit, that the samin may be
360 KEIR PAPERS. [1538.
led and done to the entent that the said Johne may set and dispone the saidis landis at
his plesour : For the qukilkis alienatioun and vtheris causis abone writtin, the said Johne
Striueling sail content and pay to the said Daniel, his aris, executouris, and assignais,
within tua nioneitkt eftir the dait heirof, the sovnie of fourtene scoir of nierkis vsuale
money of this realme, and sail be actit in the omciallis buMs of Loitheane, and eaus ane
noble and myehty lord William Lord Ruthuen, as cautionar for him and with him, con-
iunctlie and seueralie, vnder panis of cursing, for payment of the said sovme to the said
Dauid within the ternie abone writtin, and to the aris, exeeutouris, and assignais of the
said Dauid, and als the said Dauid salbe inlykwyis actit in the samin officiallis bukis
under the samin pane, for obseruing and fulfilling of the premisis to the said Johne his
aris and assignais : Excepand the said Dauid his aris and assignais sal nocht be haldin to
warrand to the said Johne his airis nor assignais the takkis and assedatioun of the saidis
landis with thair pertinentis, set be the said Dauid or be his said vmquhile grandame, to
the said vmquhile Johne Kinloicht, or to the said James his sone, nor in lykwyis the
five zeris takkis of the saidis landis set be the said Dauid to Niniane Setoun of Tulybody
knycht alanerlie : And als the said Johne and Lord Ruthuen sal caus James Zoung
burges of Edinbrught, and failzeing of him ane vther burges of the said brught respon-
sall, to be actit with thame in the saidis omciallis bukis, coniunctlie and seueralie, vnder
the pane foirsaid, for payment of the said sovme of fourtene scoir of nierkis, at day abono
specifiit, and the said Dauid sail deliuer his said instrument vnder the signe of the said
William Rutherfurd to the said Johne Striueling, of the said James oblising for exspyr-
ing of the said assedatioun, in cais he failzeit in payment of the males of the saidis
landis as is befoir writtin, to the effect the said Johne may persew the samin, and sail
concur for help of the said Johne thairunto : In witnes of the quhilkis, baitht the saidis
partiis hes subscriuit ather part of thir endenturis with thair handis, day, zeir and place
abone writtin, befoir thir witnes, Maister Henry Balnawis, Maister Dauid Ramsay,
Maister Dauid Balfour, Thomas Leirmoitht, James Hendersone and Thomas Bischop
nottar publict, with vtheris diuers.
Jhon Striueling of the Keir w* my hand.
Dauid Rajisay of Culuthe.
Die decimo tertio mensis Martii, anno Domini 1*? V? xxx^iii" : Prescriptus Johannes Striueling de Keir miles monitus est, ex sua propria confessione, sub pena excommuni- cationis, submittens se imisdictioni nostre in hec causa, ad perimplenda et obseruanda omnia et singula contenta in prescripta indentura, in singulis suis punctis et articulis, secundum formam et tenorem eiusdem. Insuper prefatus Dauid Ramsay de Culuthie monitus est vt supra, ad porimplendam et obseruandam prescriptam indenturam in
1539.] CHARTERS, ETC. 361
singulis suis punctis et articulis, secundum tenorem eiusdem, infra quindecim dies post- quam summa ducentarum et octuaginta mercarum in prescripta indentm'a contenta fuerit sibi plenarie persoluta, per dictum Johannem Striueling de Keir militem.
Eduardus Diksoun notarius publicus manu sua.
Discharge by David Ramsay of Colluthe to John of Striueling of the Keir, Knight,
22nd May 1539.
148. I Dauid Ramsay of Colluthe grantis me to haf resauit fra Thomas Leirmonth, in name
and behalf of Jhone of Striueling of the Keir Knycht, his maister, the sowme of Sex
scoir of pundis, vsualle money of Scotland, insafer of payment of the sowme of fourtene
scoir of merkis be hym awing to me, as in ane contract maid betuix vs tharupon at
mair lyntht is contenit : And tharfor quittclames and dischergis the said Jhone of the
said sowme of sex scoir of pundis, his airis executouris and assingnais, for me my airis
executouris and assingnais for now and euir, be this my acquitance, subscriuit with my
hand at Kingorn, the xxii day of Maii, the zeir of God I1." V" xxxix zeris, befoir thir
witnes, Charles Geddess, Emeniduss Gourlay, Bernerd Oliphant, and David Balfour,
with vtheris divers.
Dauid Ramsay.
Decree by the Official of Glasgow, at the instance of George Striuiling of Gloret, against George Buchquhannan of that Hk, 14th April 1539.
149. Cristi Nomine Inuocato : Nos Johannes Sprewle, Canonicus ecclesie metropolitane Glasguensis, ac commissarius venerabilis et egregii viri Magistri Ade Colquhoune, Canonici etiam dicte ecclesie Glasguensis ac Officialis eiusdem Generalis ; Iudexque in quadam causa mota inter Georgimn Striuiling de Gloret, actorem, ab vna, et Georgium Buchquhannan de eodem, reum, partibus ab altera ; penes contenta in libello ipsius Georgii Striuiling, in quo asseruit quod ipse habuit, nomine et mandate serenissimi principis Jacobi Scotorum Regis moderni, Walterum Buchquhannan, fratrem germanum ipsius Georgii rei, causa eustodii in Castro de Dunbartane, in carcere, wlgo le ward, et prout ipse Walterus erat prius in huiusmodi castro incarcera- tes, tempore decessus quondam Willelrui Striuiling, olim Capitanei de Dunbartane, patris ispsius Georgii actoris : Item, quod prefatus Georgius libellatus persoluere et deliberare promisit sibi Georgii libellanti, pro esculentis et poculentis dandis et minis- trandis sibi Waltero, quamdiu contigerit ipsum Walterum remanere in custodia in huiusmodi castro cum ipso libellante, pro esculentis et poculentis. videlicet, quolibet
362 KEIR PAPERS. [1539.
die duos solidos nionete Scotie, videlicet, qualibet septiniana seu ebdomida xiiii soliclos monete : JNecnon vltra premissa ipse libellatus fideliter persoluere et deliberare pro- misit sibi libellanti, duos solidos monete, pro qualibet die vnius quarte partis anni, quo dictus Walterus prius fuerat commensalis cum dicto quondam Willelmo patre ipsius bellantis, cui ipse libellantis est beres ; in qua quarta parte anni dictus Walterus erat commensalis cum dicto quondam Willelmo, et cum eodem sustentatus in esculentis et poculentis : Item, quod dictus Georgius libellans sustinuit per se, et suos eius nomine et mandato, prefatum Walterum in esculentis et poculentis in liuiusmodi castro, a festo Sancti Micbaelis Arcbangeli, videlicet, a penultimo die mensis Septembris, in anno Domini etc., quingentesimo xxxiiii'.0, aut circiter, vsque festum Sancti Egidii Abbatis, videlicet, primum mensis Septembris, in anno Domini etc., quingentesimo xxxvi'.", aut circiter : Item, quod, premissis non obstantibus, dictus Georgius libellatus solutionem et deliberationem duorimi solidorum monete, dietim et quolibet die a penul- timo mensis Septembris, in anno Domini etc. quingentesimo xxxiv'.", vsque primum Septembris, in anno Domini etc, quingentesimo xxxvi'.0, ac solutionem et deliberationem duorum solidorum dietim et quolibet die vnius quarte partis anni sibi Georgio libellanti postponit et recusat licet requisitus, ut in dicto libello ad plenum continetur : Viso buiusmodi libello, responsione ipsius Georgii rei in eodem, litiscontestatione desuper facta ; visis etiam testium depositionibus super dicto libello productis, contra quorum dicta nicbil exaduerso appositum fuerat ; viso etiam quodam instrmnento, sub signo et subscriptione manualibus domini Georgii Eoberti notarii publici, ceteris- que cause meritis, pro tribunali sedentes. et solum Deum pre oculis habentes, per banc nostram sententiam diffinitiuam, quam fei_ .is in biis scriptis, pronunciamus, decerni- mus, et sententialiter condempnamus prefatmn Georgium libellatum, in duobus solidos monete dietim et quolibet die, a penultinio mensis Septembris, in anno Domini etc., quingentesimo xxxiiii'.0, vsque primum diem mensis Septembris, in anno Domini etc., quingentesimo xxxvi'.0 , pro suis esculentis et poculentis ut supra soluendis sibi Georgio libellanti ratione qua supra, infra tres menses : Propterea, absoluemus ipsum Geor- gium libellatum a ceteris punctis in libello ipsius Georgii libellantis, prout petuntur et in causa deducuntur : Condeuipnando ipsum Georgium libellatum in expensis litis, congruis taxatione reseruata : Lecta, lata, et in scriptis promulgata fuit hec nostra sententia diffinitiua in presentia ipsius Georgii actoris, eaclem cum instantia fieri postu- lamus, apud Glasgw, die xiiii0 mensis Aprilis, anno Domini etc. quingentesimo xxxix?
Johannes Beidyne.
1539.] CHARTERS, ETC. 363
Decree of Bastardy pronounced by William [Chisholme] Bishop of Dunblane, against Elizabeth Buchquannan and G-eills Buchquhannan, 23rd September 1539.
150. Ceisti Nomine Inuocato: Nos Willelmus Dei et apostolice sedis gratia, Episcopus Dunblanensis, judexque cause et partibus infrascriptis, pro tribunali sedentes in quadam causa bastardie, per honorabiles personas, Margaretam Buchquhannan et Jonetam Buchquhannan, filias naturales legittimas et heredes honorabilis quondam viri, Patricii Buchquhannan de Lany, et Willelmum Lok juniorem, sponsum dicte Margarete, et Mauritimn McNawchtane, sponsum dicte Jonete, pro eorum interesse, actores ab vna, contra et aduersus Elizabeth Buchquhannan et Egediam Buchquhannan, filias naturales dicti quondam Patricii, et Andream Murray, sponsum dicte Elizabeth, et Alexandrum Stewart, sponsum prefate Egedie, pro eorum interesse, reos partibus ab altera ; coram nobis judieialiter ventilata cognoscentes, auditis prius partium predictarum petitione, responsione allegationibus testium depositionibus, ceterisque juribus hincinde pro- ductis per nos prius visis, auditis, intellectis, rimatis, et ad plenum discussis, juxta ea que vidimus, audiuimus et concepimus, jurisperitorum communicato consilio et secuto, quibus fidelem fieri fecimus relationem in eadem, solum Demn pre oculis habentes, eiusque nomine sanctissimo primitus inuocato, per hanc nostram sententiam diffinitiuam, quam ferimus in hiis scriptis : Pronunciamus, decernimus'et declaramus dictas Elizabeth et Egediam Buchquhanannis libellatas filias naturales inter dictum quondam Patricium et Margaretam Buchquhannan procreatas, nullo cor _ice matrimonio inter eosdem quondam Patricium et Margaretam Buchquhannan saltern legittimo, illegittimas et bastardas ; et propterea inhabiles ad successionem hereditatis paterne, videlicet, dicti quondam Patricii Buchquhannan de Lany eoriun patris, prout ex deductis et productis coram nobis legittimo probatimi existit, condempnandas fore et condempnari debere, prout condempnamus, allegatis pro parte dictarum Elizabeth et Egedie Buchquhannanis, Andree Murray et Alexandri Stewart, earundem sponsorum, pro eorum interesse, in contrarium minime obstantibus : Dictosque Elizabeth et Egediam Buchquhannanis, Andream Murray et Alexandrum Stewart, pro eorum interesse, in expensis in lite factis et fiendis eadem nostra sententia condempnantes, ipsarum tamen expensarum taxatione nostro judicio in posterum reseruata : Lecta, lata et in scriptis promulgata fuit hec nostra sententia diffinitiua, in ecclesia nostra cathedrali Dunblanensi loco, con- sistoriali eiusdem, vicesimo tertio die mensis Septembris, anno Domini millesimo quin- gentesimo trigesimo nono, indictione decima tertia, pontificatus sanctissimi in Christo patris et domini nostri, domini Pauli, diuina prouidentia pape tertii, anno quinto ; ad instantiam domini Jacobi Blakwod, procuratoris dictarum Margarete et Jonete, et
364 KEIR PAPERS. [1539.
suormn sponsorum, et in penam conturnatie Roberti Lernionth, procuratoris dictarum Elizabeth et Egedie, et eorum sponsoruni, legittinie citati, vocati, et non coinparentis : In quoiiun omnium et singulorum fidem et testimonium premissormn, has literas nostras testificatorias seu testimoniales exinde fieri fecimus, et per notarium publicum subscrip- tum, seribam nostre curie, subscribi et publican mandauimus, sigillique nostri rotundi appensione jussimus et fecimus communiri, apud ciuitatem nostram Dunblanensem, die, mense et anno quibus supra: Presentibus ibidem, circumspectis et discretis viris, doini- nis et magistris Johanne Cheisholme, archidiacono nostre ecclesie cathedralis Dunblan- ensis, Jacobo Wilsone canonico eiusdem, Stephano Culross, vicario de Fyntra, Willelmo Moresone, notariis publicis, et Dauid Gourlay presbyteris, testibus ad premissa vocatis atque rogatis.
Et ego Andreas Sym, presbyter Sanctiandree diocesis, sacra autoritate apostolica, notarius publicus, &c. Andreas Sym Pbr.
Procuratory by Margaret Boquhauane, eldest daughter and one of the heirs of umquhile Patrick Boquhannane of Lany, with consent of her spouse, to obtain her served heir of her father, 27th October 1539.
151. Be it tend till all men be thir present letteris, Me Mergrat Boquhanane, eldest doichtare, and ane of the aris of ymquhile Patrik Boquhanane of Lany, with consent and assent of William Lok my spous, to haue maid, constitute, and ordanit, and be thir presentis, makis, constitutis and ordanis honorable men and my weilbelouittis, Maisteris Abraham Creichtoun, Provest of Dunglas, Thomas Mariorybankis, Burges of Edinbrucht, Schir James Blaikwod, Vicare of Strowen, and Thomas Bischop, and ilk- ane of thanie coniunctlie and seueralie my lauchfull procui'atouris, actouris, factouris, and speciale erand beraris, for me and in my name to requyre, ask and ressaue fra the prior subprior and convent of the freris predieatouris besyde the brucht of Striueling, and fra all vtheris personis, all letteris, euidentis and wryttis being in thair handis ; togidder with areschip guclis quhilkis pertenit to my said vmquhile fader, and be ressone forsaid now pertenyng or may perteno to me, and for recouering thareof, thame to call and compell befoir quhatsumeuir juge spirituale or temporale neidfull thareto : And als for me and in my name to compeir befoir the Schiref of Percht, or his deputis, at the Court hill of Skone, the last day of October nixtociun, or at quhatsumeuir vtheris dayis or places neidfull, in the houre of caus, to the quhilk last day of Octobar, the breves of inquest of oure souerane Lordis chapell impetrat be me, as ane of the aris of
1541.] CHARTERS, ETC. 365
my said vmquliile fader, ar proclainit to be seruit and thair to persew my saidis breves in all poyntis, and desyre me to be entrit as ane of the aris of my said vmquliile fader of all landis, anuell rentis, possessionis and heretagis that he deit last vestit and saisit of, efter the tenour of my clames to be gevin in thairupoun befoir the said Schiref or bis deputis, and inquest to be ehosin for seruyng of my saidis breves, and the samin to desyre to be put to dew executioun in all poyntis, and to persew and follow thame be all proces and ourdour of law that is requyrit, litiseontestatioun to mak, the aitht of suithfasnes to sweir, my absence to excuis, writtis, witnes, previs and docmnentis to produce and leid, and aganis me producit and led to except and hnpunge, actis, instru- mentis, retouris, letteris of actornais, and preceptis of saising, and all vtheris docu- mentis and letteris necessar thairupoun to lift, ask and rais, and be vertew thareof stait saising and possessioun of all landis, anuell rentis and heretagis that I be seruit of til ask and ressaue in my name. And generalie all and sindrye vther thingis to do, exerce, hunt and vse, that to the office of procuratory in sic caisis, of law or consuetude of this realm is knawin to pertene, and that I mycht do my self and I war personalie present. Ferine and stable haldand and for to hald all and quhatsumeuir thingis my saidis procuratouris or ony of thame coniunctlie and seueralie in the premissis lauch- fullie ledis to be done, vnder the pane and oblising of all my gudis moviable and vnmouiable, present and toeum : In witnes of the quhilk thing, to thir my letteris of procuratory, subscruit with my hand led on the pen of the Nottar following, my proper Sele is affixit, togidder with the Sele and subscriptioun of my said spous in like maner, in takin of his consent and assent, at Grlasgw, the xxvii day of October, the zeir of God 1™ V" xxxix zeris, befoir thir witnes, Thomas Leirmoitht, Thomas Broun, Andro Perthe, Thomas Atzing, and Schir Alexander Velsone, chaplane, with vtheris diuers.
Margabet Boquhannan, wytk my hand on the pen.
William Lok, with my hand on the pen. Ita est Johannes Bridyne notarius publicus in premissis requisitus, de mandatis dictorum Mergarete et Vilelmi ipsis nescientibus scribere premissa approbanti- bus, teste manu propria.
Charter by Alexander Master of Hume, with consent of George Lord Hume, his father, and of his curators, to John Hume, of the lands of Innerallone, 24th August 1541.
152. Omnibus hanc cartam visuris vel audituris, Alexander Magister de Hume ac dominus feodi eiusdem, et G-eorgius Dominus de Hume dominus liberi tenementi dicti dominii
3 a
366 KEIE PAPERS. [1541.
Salutem in Domino sempiternam : Quia alias omnes et singule terre dominii de Hume et Innerallone, cum molendino earundem, cum tenentibus tenandriis et liberetenen- tium seruiciis earundem et suis pertinentiis, jacentes infra vicecomitatum de Striueling, in manibus supremi domini nostri Regis diuenerunt, ratione forisfacture quondam Alexandri Domini Hume Magni Camerarii Scocie, pro certis causis, prout in processu forisfacture desuper deducta latius continetur ; et post dictam forisfacturain prefatus supremus dominus noster Rex, post suam perfectam etateni viginti quinque annorum et generalem reuocationem, me dictum Alexandrum Magistrum de Hume in feodo, et me dictum Georgiuni Domimmi Hume in libero tenemento, in omnibus et singulis pre- nominatis terris dominii de Hume et Innerallone, cum molendino earundem, tenentibus tenandriis ac liberetenentium seruiciis earundem et suis pertinentiis de nouo infeo- dauit, cum potestate nostros liberetenentes in tenandriis suis dictarum terrarum simi- liter de nouo infeodandi : Et quia dictus quondam Alexander Dominus Hume per suas cartam et sasinam, Jobannem Hume suum filium naturalem in omnibus, et singulis predictis terris de Innerallone, cum molendino earundem et suis pertinentiis, bereditarie infeodauit : Et pro sua noua infeodatione hereditaria in prenoininatis terris de Inner- allone, cum molendino earundem et suis pertinentiis, fienda, ipse Johannes Hume me dictum Alexandrum Magistrum de Hume, meosque curatores subscriptos, et dictum nieuni patrem, coram dominis consilii prefati supremi domini nostri Regis vocauit, qui per eorum decretum decreuerunt nos ad infeodandum dictum Johannem Hume in prenominatis terris de Innerallone, cum molendino earundem et suis pertinentiis, de me antedicto Alexandra Magistro de Hume et heredibus meis, similiter et adeo libere tenendis, sicuti easdem tenuit ante prefatam forisfacturam, ipso michi et dicto meo patri persoluente suam partem compositionis, secundum ratam et quantitatcm dictarum ter- rarum suarum et molendini, absque preiudicio cuiuscunque reuersionis prius facte pro redemptione prefatarum terrarum et molendini . . . prout in dicto decreto dominorum consilii desuper lato plenius continetur : Et quia dictus Johannes Hume suam partem dicte compositionis michi et dicto meo patri gratanter persoluit : Noueritis igitur me, dictum Alexandrum Magistrum de Hume, cum consensu et assensu dicti G-eorgii Domini Hume patris mei, necnon Magistrorum Jacobi Foulis de Colintoim, clerici registri ac consilii supremi domini nostri Regis, et Abrahe Crechtoun, propositi de Dunglas, ac officialis Sanctiandree infra Archidiaconatum Laudonie, meorum cura- torum, pro impletione dicti decreti, dedisse, concessisse, et hae presenti carta mea pro perpetuo confirmasse . . . prefato Johanni Hume et heredibus suis ; quibus de- ficientibus, Andree Hume fratri meo germano, et heredibus suis quibuscunque, totas et integras prenominatas terras de Innerallone, cum molendino earundem, et suis per-
1541.]
CHARTERS, ETC.
367
tinentiis, jacentes infra viceconiitatum de Striueling antedictuiii : Tenendas et habendas . de me et heredibus nieis in feodo et hereditate imperpetuum . . . Red- dendo inde annuatim . . . vnum denarium vsualis monete regni Scocie, in festo penthecostes, super solum dictaruni terrarum, nomine albefirme, si petatur tantum . . . In cuius rei testimonium sigillum meum buic presenti carte mee, nianu mea subscripte, est appensuin, vnacum sigillis et subscriptionibus manualibus dictorum me- orum patris et curatorum, in signum eorum consensus et assensus ad prcmissa, apud Edinburgh, vicesimo quarto die mensis Augusti, anno Domini millesinio quingentesimo quadragesimo primo, coram hiis testibus, videlicet, Magistris Alexandro Crechtoun Vicario de Innerwik, Johanne Abircrummy, Johanne Hammiltoun notario publico, Hugone Douglas burgense de Edinburgh, Willelmo Foulis, Thoma Trotter, Patricio Thonisoun, Thoma Brounfeild, Anthonio Trotter, Eodulpho Trotter, et Andrea Abir- crummy, cum diuersis aliis.
Declaration by Jonet Striueling of Cawder, in presence of the Lords of Council,
that the Procuratory by her for resigning the lands of Lettir, Cadder, &c, in
favour of James Striueling of the Keir, her spouse, was her free act. 7th
December 1541.
vii Decembris, anno etc. xli?
153. In presens of the Lords of Counsale, comperit Jonet Striueling of Cawder, and pro-
ducit this writting vndir writtin, of the quhilk tenour followis, My lordis of Consale,
Forsamekle as I Jonet Striueling of Cadder haif maid constitut James Hendersoun
368 KEIR PAPERS. [1541.
and vtheris nry procuratouris, conjimctlie and seueralie, to coinpeir in presens of the kingis grace, and my vthir superioris, and thair niak resignatioun of all and sindrie my landis heretage of Letter, Cadder, Vchiltreis, Kirkmycliell, Blanerne, Branzet, Bankere, and Cragbre, with the toweris, fortalices, manor places, mylnis, woddis, partis, pen- diklis, tenentis, tenendryis, and sendee of fre tenentis, aduocatioim and donatioun of kirkis, ckaplenryis of the samin, and all the pertinentis, for heretable infeftment, charter and sesing to be maid and gevin be the saidis superioris thairof respectiue, ilkane for thair awin partis, to James Striueling of the Kerr, my spous, and his airis quhat- sumeuir, of all and sundrie the saidis landis, as at niair lenth is contenit in my letteris of procuratorie vnder my proper sele and subscriptioun, maid and gevin to my said spous thairof, quhilk letteris of procuratorie I declair now in presens of zour Lordschips, be my grett aith, that the samin was maid be me of my awin fre will and certane science vncompellit, coactit, dissauit, or circumuenit be my said spouse or ony vtheris, bot onlie for the wele and proffeit of my said spous and his hous, and for augmentatioun of the leving yairof, beeaus it is the principale and cheif hous of his and myne surnamis, and ane grett part of the auld heretage and leving of Keir annalyit and put away, swa that the samin was liklie to haif dekeit, and als for the luif and favour I haif and bere to my said spous : And thairfor now instantlie in presens of zour Lordschips of my awin fre rnotiue will, vncompellit as said is, ratifeis, appruvis, and confermis the saidis letteris of procuratorie in all poyntis, with all charteris, preceptis, instrumentis of sesingis, infeft- mentis, euidentis maid and to be maid and sueris be my grett aith neuer to revok and cum incontrar the samyn in tyme cuming, and that the said procuratorie may tak full effect and be obseruit and kepit in all poyntis, I desire it to be registrat in the bukis of consale wit this my declaratioun extendit in the maist sicker fonn that can be devisit for the wele and sikernes of the said James and his airis.
Procuratory by Jonet Striueling, Lady of Cader, for resigning her lands of Cadder, &c, in favour of James Striueling of Keir, her spouse, 13th December 1541.
13 December 1541. 154. In presens of the Lords of Counsale, comperit Jonet Striueling of Cadder, and geve in this writting vnder writtin subscriuit with her hand, and desirit the samin to be registrat in the bukis of consale, and to haif the strenth of thair decrete, and the lordis to interpone thair auctorite thairto, with executorialis thairupoune geve neid be ; and thairefter the lordis being avisit with the said desire informit, schewand aduertisit the said Jonet that the said mater was rycht grett and wychty to hir to geve ouir hir
1541.] CHARTERS, ETC. 369
heretage without sum resonable caus, and of the dampnage, displesour, and inconvenientis that nrycht cum to hir thairthrow, throw resignatioun of all her leving and heretage, and that she mycht nevir optine the samin agane, nor revoik the procuratorie vnder writtin ; and the said Jonet being avisit herewith, at tua smidrie termes, to the effect that she mycht haif bene consultit with frendis for ordouring of the samin, and thair- eftir sche in presens of the saidis lordis, all vthir personis being removit, swore, the haly evangelis tuichit, that sche maid the said procuratorie laitlie of hir awin fre motiue will and desire, efter the forme and tenour of this writting vnder writtin in all punctis, and sail neuer cum in the contrail' thairof in jugement nor outwyth, and renuncit all priuilege, actioun, and rycht that sche hes or may haif to the reductioun of the samin, and ratifeis and apprevis the said procuratorie, with all that followit or may follow thairupon, for hir and hir successouris for evir : And thairefter the lordis being avisit with the said Jonetis aith, and plane declaratioun of hir mynd, or- danit and ordanis the said writting, togidder with the said procuratorie, to be insert in the saidis bukis of counsale, and to haif the strenth of thair decrete in tym tocum, and hes interponit thair auctoritie thairto, with executorialis and letteris thairupone geif neid be, off the quhilk writting the tenour followis: My lordis of counsale Forsamekle as I Jonet Striueling of Gadder vpoun the vij day of December instant come in presens of your Lordchips purposlie and of determit mynd to haif ratefyt and apprevit ane letter of procuratorie maid vnder my sele and subscriptioun with consent and assent of James Striueling of the Keir, now my spous, makand certane personis nemit thairintill my procuratouris conjunctlie and seueralie to haif resignit in the handis of our souerane lord, the Archebischope of G-lasgw and vtheris superioris respectiue my landis and heretage of Cadder, Vchiltreis, Lettir, Bankeir, Branzet, Kirkmichell, Blanerne and Changlore wit the touris, fortalices, woddis, manor places, mylnis, tenentis, tenendreis, and seruice of fre tenentis, aduocatioun, donatioun, and rychtis of patronage of kirkis and cheplenriis of the samin, and all thair pertinentis, for heretable infeftmentis and sesingis and sesing to haif bene maid and gevin thairof be my saidis superioris to the said James and his airis quhatsmneuir : Offerand me to swer that I was vncompellit or coactit to do the samin and efter that it was inquirit at me be zour Lordships quhat proffit I gatt thairfor thi'ow the terrowris gevin to me in zour presens, I tuk suspitioun that the sikernis maid to Thomas Bischope in my name, and at my command and desire, of the landis of Vchiltreis gevand now be zeir viij scoir of merkis and act maid anent the payment to him in my name of 1™ merkis quhilk I suld haif for my landis forsaidis was insufficient, and of nane avale, I thairfor revok the saidis letteris of procuratorie wit all that followit thairupoun, and revelit and schewin to zour Lordschips sum secrete
370 KEIR PAPERS. [1541.
wourd aneiit myself : And now becaus I haif avisit and causit riplie avis with my said sikernes and findis the samin sufficient and gu.de, and hes gottin the samin compleat at my desire, and als be truing out of the veritie, perfetlie knawis the vthir wourdis quhilk I revelit to zour Lordschips, war fals and vntrew lik as ony wisman for diuerss causis may consider and juge : I haif thairfor of new, of my awin fre will, and certane science vncompellit, eoactit, circumuenit, dissauit or cliffraudit in ony way bot of gude consideration for the help and augmentatioun of the leving of the houss of Keir, becaus it is the principale and cheif houss of my said spousis and myne surnames, and that it was liklie to dekye throw alienatioun of the maist part of the aidd heretage : And als for diuerss vtheris proffittis gevin be my spous to me and vtheris of my command and desire, and for vtheris causis and considerationis mouing me, efter I haif prouidit and halpit the bairnis of vmquhile Robert Striueling, quhilkis ar immediatlie to succeid to me falzeing the airis of my awin body, to samekle of my heretage as gevis now be the zeir iiij3? of merkis, maid vytheris letteris of procuratorie quhilk plesit zour Lordschips to se and consider, makand James Hennersoun and vytheris, coniunctlie and seueralie, my proouratouris, to resigne all and sindrie my landis aboue writtin, in the handis of the superioris thairof respectiue, ilkane of thame for thair awin partis for heretable infeftmetis and sesingis to be maid and gevin of the samin be the saidis superiouris to the said James his airis and assignais quhatsumeuir : Quhilk letteris of procuratore I be ye tenour of thir presentis ratifeis, apprevis, and for me and my airis perpetualie confermes : And sueris and declaris to zom- Lordschips, be my grite aith, that I am nocht eoactit, compellit, defraudit, circumvenit, or dissauit in making of the samin, bot maid the saidis letteris of procuratorie and now ratifeis and apprevis the samin of my awin fre will and ardent desire for the causis abone writtin, and sail neuer revoik nor cum in the contrair thairof in jugemet nor outwit be ony maner of way in tym cuming, and that the saidis landis may be maid sicker to the said James and his airis, I desire the saidis letteris of procuratorie, with this my writing and declaratioun to be actit and registrat in the bukis of Counsale and that zom- Lordschips wald geve actis, decretis and interpone zom- auctorite thairto, conform to zom' practic obseruit in sic caisis : And mair attour becaus thair was ane resignatioun maid of the saidis landis of Vchiltreis be vertu of the saidis first letteris of procuratorie, in the handis of William Menteith of West Cars superiour thairof, and infeftment gevin thairthrow to the said James of the samin, quha thairefter at my command and desire disponit ye saidis landis of Vchiltreis be charter of alienatioun to the said Thomas Bishope to my behuif and the said Thomas obligatioun gevin to me that he sail resigne the samin in fauoris of me and my airis howsone sentence of diuorce beis lede and
1541.] CHARTERS, ETC. 371
gevin simple betuix me and the said James : Therefor for my singuler vele and vtilite, I revoik, renunce and dischargis ye pretendit reuocatioun maid be me of the said first proeuratorie in presens of zour Lordschips, and will, consentis, and ordanis that the said reuocatioun actis and instrumentis geve ony was maid thairupoune, sail be deleit and put furth of the bukis of consale and to haif na strenth nor memorie in tym cuming, and be thir presentis ratifeis and apprevis the said first proeuratorie togidder wit the said resignatioun, charteris, euidentis, and all that followit thairupoun in maner forsaid : In witness of the quhilk thing I haif subscriuit thir presentis wit my hand the xj day of December the zeir of God J" Y". xlj zeris. Off the quhilk proeuratorie the tenour followis : Uniuersis et singulis ad quorum notitias presentes litere per- venerint, Joneta Striueling, Domina de Gadder, Salutem, Quia dum nuper recordarer quod quondam Johannes Striueling de Kere miles, pater Jacobi Striueling nunc de Keir mei sponsi, pro recuperatione warde releuii et nonintroitus mearum terrarum et hereditatis, ac in protectione et defensione earundem, non minimam proprie sue heredi- tatis et prediorum partem vltra redemptionem alienauit, in dicti mei sponsi graue damp- num qui ad huiusmodi stias terras succedere debuerat, et quia idem meus sponsus et eius domus ceteris cognominis de Striueling ab antiquo prefuerat et principalis habebatur ; Ne minoris gradus et preeminentie fiat ob sue hereditatis diminitionem qua predecessores sue extiterunt; sibi et sui domui auxiliari suamque hereditatem augere animo deliberate mecum decreui : Noueritis igitur me, non vi aut metu duetam, nee errore lapsam, compulsam nee coactam, sed ex mea mera pura libera et spontanea voluntate, pro inuincibilibus amore et fauore quos habeo et gero erga dictum meum sponsum, cum ipsius consensu et assensu, fecisse constituisse et ordinasse . . . honorabiles viros Jacobum Henrisoun, Thomam Lermunth, ac eorum quemlibet coniunctim et diuisim meos veros legitimos et indubitatos procuratores, actores, factores, et negotiorum meorum gestores ... ad, pro me et nomine meo, in presentia dominorum meorum superi- orum subscriptorum eomparendum, et ibidem sursum reddendas et in eorum manibus respectiue per fustem et baculum pure et simpHciter resignandas extradonandas et libere deliberandas, a me et heredibus meis, omnes et singulas terras meas infrascriptas viz. . . . omnes et singulas terras meas de Lettyr cum tenentibus tenendrijs et libere tenentium seruitijs earundem ac suis pertinentiis, jacentes infra vicecomitatum de Striueling, in manibus excellentissimi principis et domini nostri domini Jacobi quinti Dei gratia Scotorum Eegis illustrissimi, aut in manibus Mathei Comitis de Levenax vel suorum commissarioriun, seu cuiuscunque alterius legitimi superioris earundem, omnes et singulas terras meas de Cadder, cum turre, fortalitio, pendiculis et pertinentiis earundem jacentes infra regalitatem Grlasguensem et vicecomitatum de
372 KEIR PAPERS. [1541.
Lanark, in manibus reuerendissimi in Cristo patris et domini G-avim G-lasguensis
Archiepiscopii, tanquani in manibus domini mei superioris dictarum terrarmn de
Cadder ; omnes et singulas terras meas de Vchiltre, cum molendino earundem et suis
pertinentiis, jacentes in baronia de West Kerss, infra vicecomitatum de Striueling, in
manibus "Willebni Menteth de West Kerss, tanquam in manibus domini mei superioris
earundem ; omnes et singulas terras meas de Branzet et Bankeir, jacentes infra vice-
comitatum de Striueling, terras de Kirkmycbaell et Blanarn, cum tenentibus, tenen-
driis, libere tenentiuni seruitiis, aduocatione, donatione, et jure patronatus capellaniarum
earundem et suis pertinentiis, jacentes infra vicecomitatum de Dmnbartane, in manibus
Willelmi Levingstoun de Kilsyth aut in manibus Campbell, nepotis here-
dis et successoris quondam Colini Campbell de Auchynhowy, vel cuiusquam alterius
legitimi superiorum seu superioris earundem ; et terras de Craglore, cum tenentibus,
tenendriis, et libere tenentiuni seruitiis earundem jacentes infra vicecomitatum de
Lynlitliquhgw, in manibus Roberti Mowbray de Bembowgall, tanquam in manibus
domini mei superioris earundem . . . pro cartis, sasinis, et infeodationibus
. memorato Jacobo Striueling de Keir meo sponso suis heredibus et assig-
natis quibuscunque dandis et conficiendis ... In cuius rei testimonium pre-
sentibus procuratorum Uteris mea manu subscriptis sigillum meum, vna cum sigillo
et subscriptione dicti mei sponsi, in signum sui consensus et assensus, ad premissa
sunt appensa, apud Edinburgh, clechno die mensis Decenibris, anno 1™ Yc. xlj?, coram
his testibus, Magistro Arthuro Tailzefer, Rectore de Crechmont, Thoma Dauidson
burgense de Eclinburt, WiUiebno Striueling, Johanne Pastoun, Williehno Peirsoun,
Jacobo Henrysoun, Thoma Bischop, Jacobo Bannatyne, et Nigello Laying notariis
publicis, cum diuersis alijs.
Jonet Stkiueling James Steiueling
lady of cadder of ye keir
Ratification™ by Jonet Striueling, Lady Cawder, 13th December 1541.
13th December 1541. 155. In presens of the lordis of consale comperit Jonet Striueling Lady Cawder, spous to James Striueling of the Keir, and thair in absence of hir said spous, swor the haly evangelis tuchit that she vncompellit or coactit be him, or be ony vthir persoun, with consent of hir said spous, and als wit consent and assent of M' Abraham Crechtoun, Persoun of Craufurd Jhon, and Alexander Crechtoun, Vicar of Innirvik, curatoris to the said James, for thair interes, sauld and annaleit heretable be charter and sesing to James Bannatyn burges of Edinburgh, and Katerine Talzefeir his spous, the langest levand
1541.] CHARTERS, ETC. 373
of thanie in conjunctfeftnient, and to the airis lauchfullie gottin or to be gottin betuix thanie, quhiUis falzeing to the said James and his airis quhatsumeuir or assignais, all and sindrie the tempillandis of Ovircarlowry . . . lyand in the barony of Listoun, within the Shirefdom of Lithgow, to be haldin of my lord of Sanct Jhone, Preceptour of Tor- phichin, and his successoures, with claus of warrandice, as in the charter of alienatioun, precept of sesing and obligatioun of speciale warandice maid be the said Jonet, with consent of hir said spous and his cnratoris forsaidis, to the said James and his spous at mair lenth is contenit, quhilk charter is of the dait at Edinburgh, the last day of No- uember, ye zeir of God J? Vc. xlj zeris, and the dait of the obligatioun of the saidis landis is at Edinburgh, the sj day of December, in the zeir of God forsaid. And that for certane sovmes of money debursit be the said James Bannatyn and his spous, and res- sauit be the said Jonet and hir spous to thair particular vtilite and proffitt ; therfor the said Jonett ratifeis, apprevis, and confermes the said infeftment, charter, precept, sesing and obligatioun of warandice maid thairupon in all punctis, and sail neuir cum in the contrail- thairof, nothir be herself nor nane vtheris in her name, for now and evir.
Charier by Gavin [Dunbar] Archbishop of Glasgow, to James Striueling of Kere, of the lands of Cadder, 10th January 1541.
156. Omnibus hanc cartam visuris vel audituris, Gavinus miseratione diuina Glasguensis Archiepiscopus, Regni Scotie Cancellarius, ac superior terrarum subscriptarum, Salu- tem in Domino sempiternam. Noueritis nos dedisse, concessisse, et hac presenti carta nostra confirmasse . . . dilecto nostro Jacobo Striueling de Kere, suis heredibns et assignatis quibuscunque, omnes et singulas terras de Cadder, cum turre, fortalicio, molendinis, terris, molendinariis, siluis, partibus, pendiculis, cotagiis et lie ontsettis earundem, cum suis pertinenciis, jacentes in baronia nostra de Glasgw, infra regalitatem eiusdem, et vieecomitatum de Lanark. Quequidem terre . . . fuerunt Jonete Striueling de Cadder, sponse dicti Jacobi, perprius hereditarie ; et quas ipsa, cum con- sensu et assensu dicti sui sponsi, pro suo interesse, per fustem et baculmn ac procura- tores suos ... in manibus nostris . . . apud Edinburgh . . . resig- nauit . . . Tenendas et habendas . . . prefato Jacobo Striueling de Keir suis heredibus et assignatis quibuscunque, de nobis et successoribus nostris, Glasguensibus Archiepiscopis, in feodo et hereditate imperpetuum . . . Reddendo inde annuatini seruitium warde et releuii, necnon annuatim summam quatuor librarum vsualis monete regni Scotie, ad duos anni terminos consuetos, festa videlicet Penthecostes et Sancti Martini in hieme, per equates portiones ; vnacum tribus sectis annuatim in
3 B
374 KEIE PAPERS. [1541.
nostris curiis capitalibus baronie nostre Glasguensis. Prouiso tamen quod si contingat niaritagiuni heredum dicti Jacobi, qui in prefatis terris succedere debent, in manibus supremi doniini nostri Regis, seu Principis Scotie, aut alterius superioris, qui nobis quoad dispositionem dicti maritagii de jure preferre potest, deuenire, vnde ab huiusmodi mari- tagio nos aut successores nostri seclusi fuerimus ; in boc casu tenebuntur dicti heredes et eorum quilibet, pro suis niaritagiis, quoties euenerint, summam tricentarum mercarum nobis persoluere, tantum ... In cuius rei testimonium buic presenti carte nostre, manu nostre subscripte, sigillum nostrum rotundum est appensum, apud Edinburgh, decimo die mensis Januarii, anno donrini millesimo quingentesimo quadragesiino primo, et consecrationis nostre anno decimo septimo.
Gatjinus Archiep5. Glasg.
Sentence of Divorce by the Official of Lothian of James Striveling of Keir and Jonet Striveling of Cadder, 31st January 1541.
Ultimo Januarii anno IV V? xli. 157. Christi Nomine Inuocato; Nos Andreas Myll, prebendarius ecclesie collegiate nostre Domine de campis infra oppidum de Edinburgh, et Robertas Syrnsoun, capellanus, commissarii in hac parte venerabilis et egregii viri, magistri Abrahe Creichtoun, Pre- positi de Dunglas, ac Ofiicialis Sanctiandree infra Archidiaconatum Laudonie, cause et partibus infrascriptis, unacum nonnullis aliis nostris in hac parte collegia sub ilia clausula, vobis aut duobus vestrum coniunctim et diuisim, specialiter deputati ; judices pro tribunali sedentes in quadam causa matrimoniali, tendente ad divortium simpliciter, coram nobis mota, et adhuc pendente indecisa, inter honorabilem virum Jacobum Strive- ling de Keir, filium et heredem Joannis Striveling de Keir militis, actorem ab una, et providam domicellam Jonetam Striveling, fiham et heredem quondam Andree Striveling de Cadder, eius pretensam et putativam sponsam, ream partibus ab altera, cognoscentes juxta ea que vidimus, audivimus et cognovimus, jurisperitorum communicato consilio et secuto, quibus fidelem fieri fecimus relationem in eadem, solum Deum pre oculis habentes, eiusque nomine sanctissimo premitus inuocato, per hanc nostram sententiam definitivam quam ferimus in hiis scriptis, pronunciamus, decernimus et declaramus, ex deductis coram nobis in causa huiusmodi, auditis hinc inde partium petitionibus, responsionibus et allegationibus, pretensum matrimoniiun et sponsalia per verba de futuro carnali copula subsecuta, inter prefatos Jacobum et Jonetam contractual et solemnizatum in facie ecclesie, a principio non tenuisse, nee viribus subsistere posse de jure, eo quia tempore eiusdem contractus et solemnizationis, de facto licet non de jure, sibi invicem prefati Jacobus et Joneta actingebant, prout etiam de presenti actingunt, in quarto et quarto
1541.] CHARTERS, ETC. 375
gradibus consanguinitatis ignote sibi Jacobo tempore contractus et solemnizationis pre- fati matrimonii et sponsaliorum : Et propterea idem pretensum matrimonium et sponsalia annullanda, cassanda, et dirimenda fore, ac ipsos libellantem et libellatam ab inyicem divorciandos et separandos, et quicquid alter alteri dotis causa aut donationis propter nuptias dederit, idem alteri restituendum fore, licentiamque prefato Jacobo alibi in Domino contrahendi et ducendi concedendam fore, prout annullamus, cassamus, diru- mus divortiamus ac concedimus respectiue, quod omnibus quorum interest notum faci- mus per presentes.
Contract between James Stirueling of the Keir, and William Balfour, 18th March
1541. ^_,
158. At Dumblane, the auchtene day of Marche, the zeir of God ane thowsand fife hundreth fourty ane zeris. It is appoyntit agreit and finalie concordit betuix ane honorable man, James Stirueling of the Keir, on that ane part, and Williame Balfour on that wther part, in maner forme and effect as eftir followis, that is to say ; after all compt and rekkynnyng maid of all thingis afoir the dait heirof, betuix the saidis parteis, the said Williame Balfour grantis hyme awing to the said James Stirueling the sowme of thre hundreth tuenty merkis, quhilk sowme of iiic. xx merkis the said Williame bindis and oblisis hyme his airis executouris and assignais, to thankfullie content and pay to the said James his airis, executouris, and assignais, at thir tennis efter following, that is to say, aucht scoir of merkis at Witsonday nyxt eftir the dait heirof, and aucht scoir of merkis at sanct Martinis clay nyxt thaireftir, in full payment of the said in1; tuenti merkis : And howsone the said Williame hapnis to content and pay to the said James Stirueling, his airis, executouris, and assignais, the fyrst said sowme of aucht scoir merkis, within fourty dayis nyxt efter the ressait thairof, the said James Stirueling bindis and oblisis hyme his airis and assignais, to heretably infeft the said Williame his airis and assignais in all the half of the fj^fty shilling land of the Bra of Balfouris Balquhoppill, occupyit the day heirof be Dwncane and Meriory Campbellis ; and within wther fourty dayis nyxt efter the paying of the last aucht scoir merkis, the said James sail siklik infeft the said Williame in the wther half of the forsaidis landis of Bra of Balquhoppill, lyand within the stewertry of Mcntheth and shirefdome of Pertht, other be his awin charter or resignatioun, or wther wis as the said Williame sail think niaist expedient : The said Williame bindis and oblisis hyme in maner forsaid that he sail nocht inquyre the said James for infeftment of the forsaidis landis vnto the payment of the sowmes at the termis forsaidis : And for obseruing and keping heirof baith the saidis parteis ar
376 KEIR PAPERS. [1542.
content this present contract be registrat in the Commissariis bwkis of Dumblane, and thai monest to obserue the sainyn oncler panis of cursing ; and hes subscriwit this present writ with thair handis, day, zeir, and place forsaid, before thir witnes, Masteris James Kennedy Ckanoune of Dumblane, Williame Mwdy, Patrik Wrycht notaris. Jacob Drumond and Thomas Leirmonthe, with wtheris diuers.
James Striueling of the Keir. William Balfour.
Die xviii" mensis Martii, Anno Domini 1" V*? quadragesimo primo, Quo die, moniti sunt- hinc inde retroscripti Jacobus et Willelmus, ex eorum propriis confessionibus, ad obseruandum retroscriptiun contractum, in omnibus suis punctis ipsos respectiue concernentibus, secundum tenorem eiusdem, sub pena excommunicationis.
Hec est vera copia principalis contractus registrati in libris registri curie consis- torialis Dunblanensis, manu aliena extracta, et collationata per me notarium publicum subscriptum, cum principali in omnibus concordans, nil addito vel mutato quod facti substantias variaret. Ita est Willelmus Blakwod notarius publicus manu sua.
Contract between James Styrling of Keir and Calder, and Lucas Striuiling, son to uinquhile Walter Stirveling of Ballagane, 18th January 1542.
159. At Calder, the xviii day of Januar, the zeir of God l?1 V? xlii zeiris : It is appoyntit aggreit betuix twa nobill men, James Styrling of Keir and Calder, supperiour to the landis of Ballindrocht, with tenand, tenandrie, frie seruice of the samyn, on the ta part, and Lucas Stiruiling, son to vmquhill Waltir Stirveling of Ballagane, and takand for him the burding for James Waure on the tudir part, in mainer as followis, viz., the said James Stirveling of Keir sail content and pay to the said Lucas, for him self and for James Waure, the sowme of thrie hundreth merkis vsuale money of Scotland, betuix the dait heirof and Paice nixtocum ; and for the payment of the said sowme of thrie hundreth merkis to be payit as saidis is, the said Lucas sail resing the annuell rent of ane chaildir ait meill quhilk he hes annellit heritablie of the heill fyve pund land of Ballindrocht, be chairter and seaising, and sail caus Effame Birsbane his modir, relict to the said wmquhill Walter, renunce hir lifrent [of] the samyn, gif sho hes ony ; and sail resing siclyk ane vder annuell rent quhilk he hes be assignatioun renunciatioun or tytill of James Waur, of the saidis landis of Ballindrocht, and sail caus the said James Waur, or his airis, renunce resing and ouirgif the samyn annuellrent of the said chalder of meill, with all pertinentis and proffeittis and commoditeis bygane and to cum, and that all in favour of the said James Stirveling of Keir, or his airis, in the supperiouris handis
1542.] CHARTERS, ETC. 377
thairof qvhatsumeuer, for lieritabillie infeftment to be maid to the said James or his airis : And alsua the said Lucas, the haill sovme of thrie hundreth merkis being payit to him as said is, sail transfer all richt of the saidis annuellrentis of twa ehaldir off ait meill, and sail caus James Waur transfer all his richt thairof, to the said James Stirveling, baith of heritage thairof, and all bygane proffeittis, and sail mak, and caus the said James Waur mak, procuratouris ane or ma to persew the air or airis of vmquhill Andro Stirveling of Ballindrocht for bygane proifeittis of the saidis twa chalder of ait meill : And for obteinyng heirof sail delyuer the instrurnentis of saising of the said annuell rentis, with obligatiounis and all charteris maid thairof, to the said James Vaur, and vmquhill Waltir Stiruiling of Ballagane, and sail compeir thair selfis or procuratouris, as the said James Stiruiling thinkis best, and als oft as he pleisis, on the said James expensis, befoir ony jugeis competent, for persute of the saidis annuell rentis of twa chaildir of meill and bygane proffeittis thairof : And the pairteis ar content this present wreit be extendit in the maist lairge forme as ony of thame will dewis to the effect foirsaid, and sail byde heirat. And for the obseruing heirof the pairteis is content the samyn contract be insert in the Officialis buikis of Glasgow, and they mon- eist to fulfill the samyn, and hes subscryuit the samyn, day, zeir and place foirsaid, befoir thir witnes, Johne Colquhoune of Kilmerdony, and Maister James Blair, with wtheris diuers. And for the payment of the said thrie hundreth merks the said James Stiruiling of Keir oblissis him, his airis and assignais, to infeft the said Lucas his airis [or] assignais in xl schilling land of Kirktoun, lyand within the erldome of Lennox and shireffdome of Stiruiling, perteinyng to the said James be comprysing of the airis of vniquhill Andro Stiruiling of Ballindrocht, vnder forme of reuersioun of ane hundreth pundis money, and siclyk sail infeft the said Lucas his airis or assignais in the ehaldir of meill reseruit to the said James in the seasing and infeftment maid to vmquhill Waltir Stiruiling of Ballagane, fadir to the said Lucas, and Effame Birsbane spous to the said vniquhill Valtir, of the landis of Branzeit, and sail mak the said Lucas his airis and assignais sicker of the saidis landis of Kirktoun, and ane ehaldir of meill of Branzeitt lieritabillie, be chairtir and saising, with obligatioun of speciall war- randyce, as the said Lucas will devis, betuix and Mertimes nixtocum efter the dait heirof : And the said James Stiruiling sail delyuer and gif the said Lucas ane tak of the saidis landis of Kirktoun, for the space of ane zeir efter the redemptioun of the saidis landis of Kirktoun, for the soume of ane hundreth pund, and that for the pay- ment of ten merkis be zeir in maill allanirly, for the tak of the saidis landis of Kirk- toun : And the parteis is content this claus siclyk be insert in the Officialis buikis of Glasgow, and they moneist to fulfill the samyn siklyk, and hes subscryuit the samyn.
378 KEIR PAPERS. [1542.
Die predicta, dictus Jacobus Stiruiling de Keir renuncians priuilegio equitatis a annis interruptionis, etc. : Extract furth of the auld Ofiiciall consistoriall Buikis of Glasgw, be me Robert Herbatsone notar, havear and keipear of the saidis buikis, wit- nessing my signe and subscriptione manuall.
Robertus Harbatsone notarius manu sua.
Contract of Marriage between James Striueling of the Keir and Jane Cheishohne, " cousigness" of William (Chesholme) Bishop of Dunblane, 5th March 1542.
160. At Dunblane the fyft day of Merche, the zeir of God ane thowsand fyf hundreth fourti twa zeris. It is appunctuat and finaly agreit betuex honorable personis, James Striueling of the Keir one that tane part, James Cheishohne of Classingall, and Jayn Cheishohne, cousigness to ane reuerend fader in God, William Bischop of Dunblane, one the vther part, in maner and forme as efter follovis, that is to say, the said James Cheisholme, one his expensis sail caus impetrate and bring hayni ane sufficient dispen- sation for thrid degreis of consanguinite and ferd of affinite consistand betuex the saidis James Striueling and Jayn ; and incontinent thairefter the saidis James Striue- ling and Jayn sail vise the samin, and be dispensit thairwith : And the said James sail infeft and caus infeft the said Jayn, in hir virginite, in and to all and haill his tuenti pundis landis of auld extent of Cadder, lyand within the shirefdome of Cliddisdall and barony of Glasgw, for hir lyftym, and the aieris to be gottin betuex thaim, failzeing of the aieris betuex thaim, to the aieris of the said James; to be haldin of the Archbischop of Glasgw and his successoris, or of the said James and his aieris, as the said James Cheisholme thinkis expedient : And in all gudly haist heirefter the said James Striue- ling, God willing, sail contract manage and solemnizat the samin in face of haly kirk with the said Jayn. For the quhilkis the said James Cheishohne sail content and pay to the said James Striueling, his aieris or assignais, the sovme of ane thousand pundis vsuale money of Scotland, at the completing of the said mariage : And sail caus the said reuerend fader, with consent of his eheptour, to mak ane sufficient assedatione to the said James Striueling and Jayn, and to the langar lyffand of thaim twa, and the aieris to be gottin betuex thaim, and failzeing of the aieris betuex thaim, to the aieris of the said James, and thair assignais, of all and haill the teynd schavis of the Keiris Vuer and Nethir, Cammebank, Auld Byris, Coiterlandis, Perkland, Myln landis, Buchaldy and Retternis, quhilkis the said James brukit afoir ; the saidis James and Jayn and thair aieris foirsaidis intrand to the said teynd schavis at Lammes in the zeir of God I™ V? fourtifour zeris, for all the dais and termes of nyntene zeir thairefter folloving : Paying zeirly to the said reuerend fader and his successoris, thre chalderis
1542.] CHARTERS, ETC. 379
bere and ane chalder mele sufficient stuf: And siclyke the said James Cheisholme sail caus the said reuerend fader sustene the saidis James Striueling and Jayn in all ordinar expensis, for the space of fyf zeris : And the said James Striueling is content and consentis that the said thowsand pundis be warit in redemptione of his landis : And gif it sail happin that ony vther impediment of consanguinite or affinite or vthir wais to be betuex the said James Striueling and Jayn, quhairthrouch scho may nocht be lauchfull wyf to him, in that cais, and als oft as sic impedimentis beis fundin, the said James Striueling sail rais ane sufficient dispensatione or dispensationis, and sail caus the samin to be vsit, swa that the said Jayn alwais be his lauchfull wif : And the said James Striueling sail nocht sell nor vedset ony part of his landis, nor zit mak takkis of assedationis, lang tym or schort thairof, nor sell wittallis or vtheris thingis, to ony persone or personis, without consale of the said reuerend fader ; and sail ay vise his consale in all and quhatsumeuer thingis he happinnis to haue ado, baith anent his avin persone, landis, geir, and seruandis, halding in all tymis to cum : And this contract to be extendit and maid large in best forme with clausis necessar : And for obseruing and keping of thir premissis, and euery punct thairof, athir of the parteis and personis foirsaidis, and euerilkane of thaim, ar bundin and oblist, the haly ewangelis tuechit, and consentis that this present contract be registrat in the Officialis and Commissaris bukis of Sanctandrois principale, Lowdeane, Grlasgw, and Dunblane, and to be monist to fulfill the samin of thair propir confessionis, submittand thaim to thair jurisdictionis, and renunciand all exceptionis and priuilegis that may be proponit in the contrar, vnder the panis of cursing : In vitnes hereof the saidis parteis hes subscriuit this con- tract with thair handis, the day foirsaid, befoir thir witnes, venerable men, Schir George Wawane chaunone of Dunblane, Maister Dauid Gorlay, Maister Williame Mudy, Schir James Blakwod, and William Blakwod, with vtheris diuers.
James Cheshelm wy* my hand. James Striueling of ye Keir. Jane Cheisholme w' my hand.
Quarto Martii Anno Domini etc. xlvi° Quo die, retroscriptus Jacobus Striueling de Keir confessus est se plenarie et integre persolutum, in pecunia numerata, de retroscripta siunma mille librarum : Necnon satis- factum, compensatum et contentatum de omnibus et singulis punctis in retroscripto contractu, concernentibus retroseriptum quondam Jacobmn Cheisholme ; propterea quietosclamauit et exonerauit heredes executores et assignatos retroscripti quondam Jacobi de premissis ; et contentus fuit ac consensit quod ipsius contractus et acta de- super, si que sint, confecta in libris dominorum officialium et commissariorum Sancti-
380 KEIK PAPERS. [1542.
andree principalis, Laudonie, Glasguensis, et Dunblanensis, simpliciter deleantiu- et in posterum eifectum non sortiantur.
Ita est Willelmus Blakwod notarius et scriba in premissis, manu sua.
Obligation by William Levingstoun of Kilsyth, to James Striueling of the Keir,
21st March 1542.
161. Be it kend till all men be thir present letteris, me William Levingstoun of Kilsyth: That forsamekill as I grant me to haif resauit fra ane honorable man, James Striueling of the Keir, ane charter and precept for saissing, maid be vniquhill Johne Erll of Levenax to vmquhill Johne Campbell of Auchinhowe, of the landis of Auchinhowe, Dowen, Blarskeyth, Branzet and Bankeir, and of the landis of Kirkmechill and Blernarn, togidder with ane instroment of saissing thairupon : Heirfore I bynd and oblis me, my airis and executoris, to the said James his airis and executouris, to relewe werrand and keip the said James skaythles of the saidis charter, precept, and instroment of saissing, fra the handis of the airis of vmquhill Adam Hamiltoun, and of all vtheris quham it efferis ; and in cais the said James beis persewit for the saidis evidentis, and incurris ony skayth thairthrow, in that caiss I bynd and oblis me and my airis to refound to hym the skayth that he happnis to susteue thairthrow. In witnes of the quhilkis I haf subscriuit this my obligatioune with my hand, at Lynlythgow, the xxj day of Marche, the zere of God J™ Ye. xlij zeris, befoir thir witnes, Robert Levingstoun, Thomas Leirmontht, and William Howat, with vtheris diuers.
Welzam Leuingstoun of Kylsyth.
Bond by Margaret Buchquhennane, with consent of her spouse, to James Striueling
of the Keir, 14th April 1542.
162. Be it kend till all men be thir present letteris, Me Margarete Buchquhennane, eldest and ane of the tua dochteris, and air of vmquhill Patrik Buchquhennane of Lany, with consent and assent of William Lok my spous : That forsamekle as I, with consent of my said spous, haue said and analiit heretablie, be charter and sesing, to ane honorable man James Striueling of the Keir, sone and air of vmquhill Johne Striueling of Keir knycht, all and haill that ane half of the landis of Lany, and the half landis of Petquhennertie, with the tenentis, tenendriis, and seruice of freteuentis of the samin, and thair pertinentis, Hand within the shirefdome of Perth, like as my infeftment maid to him thairupon proportis ; quhilkis I promittit suld be all propirte, and that the
1544.] CHARTERS, ETC. 381
pretendit tenendriis of the samin wer nidi, of noin availl, and reduceable of the law, and thairfor hes ressauit certane sovmeis of money and vther gude dedis fra the said James : Heirfor I, with consent foirsaid, bindis and oblissis me my airis and assignais, to warand aequiet and defend the saidis half landis with the pertinentis, to be fre proprete to the said James his airis and assignais, and that the pretendit tenendriis of the samin are retretable of the law, nochtwithstanding ony pretendit alienationis al- legit maid to Johne Buchquhennane of ony part thairof, and thairfor to persew for reductioun of ony pretendit infeftmentis that he or ony vtheris hes in fe or lifrent of the saidis half landis : In witnes of the quhilk to thir present letteris of obligatioun subscriuit with the handis of me and my said spous, (in takin of his consent and assent to the premissis,) led be the notar vnder writtin, our selis ar affixit, at G-lasgew, the xiiii day of Apryle, the zeir of God W V? and fourty and tua zeris, befoir thir witnes, Williame Striueling, Jhone Striueling, Williame Peirsoun and Jhone Morisoune, noter publik, and vderis diuers.
Mergaret Buchqtjhannan with my hand at the pen.
Williame Lok with my hand at the pen. Ita est Johannes Morisoun Notarius ad premissa.
Procuratory by John Earl of Menteith, for procuring himself served heir of uniquhile William Earl of Menteith, his father, 7th April 1544.
163. Be it kend till all men be thir present letteris, me Jhone Erll of Menteith, sone and air of vmquhile William Erll of Menteith ; for the fulfilling and complement [of ane certane contract and] appoyntment maid betuix the said vmquhile Williame Erie, on the tane part, and James Striueling [of the Keir] on the tother part, anent the half landis of Lany and Petquhonderty, with the millin and thair pertinentis, and indifferent betuix thame for the to haue maid constitut and ordinit,
and be the tennour heirof makis constitutis and ordinis honorable men, Thomas Marioribankis, Maister James McG-ill, Thomas McKalzeane, Master Jhon Muncref, and ilk ane of thame, conhmctly and seueralie, my verray lauchfull and vndoutit procura- touris, factouris, specialie and generalie messingeris ; givand grantand and committand to my saidis procuratouris, and ilkane of thame, coniunctlie and seueralie, my verray lauchfull and vndoutit power, expres mandment, bidding, and charge, for me and in my name, breuis of inquest of our Souerane Ladeis chapell, at my instance, in the com- mone forme, as air to my said vmquhile fadir, to rais and caus to be proclamit, and to persew be the samyn, me as air to my said fader, to be servit of all and hail] the said
3 c
382 KEIR PAPERS. [1544.
half landis of Lany and Petquhenderty, with the millin and thair pertinentis, lyand within the shirefdome of Perth, at my said vmquhile fader deit last vest and sesit in, as of fee, conform to his infeftment and instrument of sesing, and ane retour apone the deliuerance of the assise to rais, and put agane to the said chaple, and ane precept of sesing vpone the samyn to rais in dew forme, and the samyn to put to the shiref of Perth to ask and obtene sesing of the saidis landis with the pertinentis ; and I being lauchfully saisit thairin, the samyn half landis of Lany and Petquhenderty, with millynis and pertinentis of the samyn, in the handis of my lord gouernour of Scotland, tutour to our souerane Lady, be staf and bastone as vse is, in fauouris of Jonet Balquhan- nane, ane of the airis of vmquhile Patrik Balquhannane of Lany and hir airis and assignais, purlie and symplie to resigne renunce and ouergiff, instrumentis and docu- ments thairupone to ask, and to the effect hereof, and specialie for seruing of the breif of inquest, to compeir afoir the said Shiref of Perth, his deputis ane or ma, or vtheris shireffis in that part, or thair deputis, quhatsumeuer day and place, and than the said breif to produce, and ask the samyn, conforme to the clame and petitione of the saidis landis, millin and thair pertinentis, to be put to ane inquest, to follow and defend, litis contestatione to mak, the aith of calumnia in my saule to suere, exceptione delatouris declinatouris and pereinptouris to propone, and aganis the jugis or me to be proponit to ansuer, replie ; writtis, chartouris, documentis instrumentis of sesing to produce, and aganis me producit to except and impugne, sentences interlocutores and diffinitiuis to ask be giffm and optein, and generalie all and syndry vther thingis to haue vse and exerce that to the office of procuratorie pertenis and in sik casis may perteine, be the law or consuetude of the reakue : Haldand and for to hald ferme and stabill all and quhatsumeuir thingis my saidis procuratores, or ony ane of thame, ledis in the pre- missis to be doin, onder the pane of all my gudis, moveable and vnmoveable, present and tocum : In witnes of the quhilk to thir my letteris of procuratorie subscriuit with my hand my propir sele is affixit, at Glasquhow, the vii day of Aprile, the zere of God l^1 V? and xliiii zeris, befor thir witnes, Robert Bischop of Orknay, Villiam Bischop of Dunblane, and Master James Kennyde, Chanoun of Dunblane, with otheris diuers.
1544-45.] CHARTERS, ETC. 383
Grant by Robert (Stewart), Elect Bishop of Caithness, and Provost of the Lady College of Dumbarton, to George Striuelyng of Glorat, of the annual duties of the lands of Strablane, 19th April 1544.
164. Be it kend till all men be thir present letteris, ws Robart, be the mercie of God, Elect Bischep of Kaitness, and Provest of our Lade Colleg of Dunberten, with consent and awys of ane nobill and mychte lord, Mathow Erll of Leuenax Lord Dernle, patroune of the said Colleg : That forsamekill as ane honorabill man, George Striuelyng of Glorat, hes in few and heretaig to hyme and his aris, all and haill the ten pound land of Strablane, wyth the myll of the samin ; payand to ws and our said Colleg certen annuell zerlie for the saidis landis and myll of the samin, as at mair lencht is specifyit and contenit in the said Georgis chartur and euidentis maid thairupon : Herefor we, for certen cawsis moving us, and for the gud seruyce to ws done and to be done be the said Georg, with consent and awis of our said patroune, frelie gevis and grantis the said zerlie annuell to the said Georg in feall, for all the dayis of the saidis Georg lif- tyme ; and be the tenor hereof, exonoris, quitclanies, and dischargis the said zirlie annuell of the said ten pound of Strablane, wyth the profehet of the said myll, frelie to the said Georg, to be occupyit wsit and manierit be the said Georg at his awin dis- positioune, but ony reuocatioune or agane calling quhatsumeuir, and oblissis ws nevir to cum in the contrar of this present donatioune : In vitnes of the quhilk thing to this present donatioune, subscriuit wyth our hand, our proper seill is to hungin, togidder with the seill and subscriptioune of our said patroune, in taking of his consent, at Dunbertene, the nyntene day of Apprill, the zer of God, ane thowsand five hundryth and fourte four zeris, befor thir vitnes, Villiam Erll of Glenkarne, Dauid Murray, Andro Blurray, Androw Cwnighame, and James Lyndissary, wyth vtheris diuers.
Mathow Erll of Lenex.
&f>& ^ji^T
Obligation by "William Earl of Montross to James Striueling of Keir, 29th July 1545.
165. I Wellam Erll of Montross bindes and obleses me, be the faicht and treucht of my body, to causs Robert Grahem my sone and aperand air, to resyng and ourgyf all and
384 KEIR PAPERS. [1545.
haill the landis of Ratheren with the pertinentis, lyand within the Strouortie of Strath- earn and Sheriifdorn of Partht, in our soueren ladyis handis, in favouris of James Striueling of Keir and his airis ; prouedeing alwayes the said James delyuer and gyf to me befor the said resygnatioun, hes band of manrent for all the dayis of my lyif, and thre bonder merkis of siluer gud wsuall money of Scotland. In witness hereof I haue subscriuet thir presentis with my hand, at Kenkardin, the xxix day of Julii, the zeir of God 1™ Yc- forty fywe zeris, befor thir wetnes
I grant the subscriuing of this my sone beand content wderwayis to be of nae awaill.
"Wella erll of Montross.
Robert maist. of Montross.
Retour of James Striuiling of Keir, as heir of John Striuiling of Keir, Knight, his father, in the lands of Lanark and Achmbre, 6th October 1545.
166. Hec Inquisitio capta fuit apud burgiun de Perth, et in pretorio eiusdem, sexto die rnensis Octobris, anno Domini millesimo quingentesimo quadragesimo quinto, coram nohili et potenti domino, Willehno Domino Ruthuen, vicecomite eiusdem, et honorabili viro, Vmfrido Rollok in Pindonn, eius deputato ; per hos subscriptos, videlicet, Joannem Murray de Abircardny, Dauid Vscheoch de Monyvard, Henricum Sinclar de Ardoch, Alexandrum Murray de Strowane, Thomam Merschell de Rossy, Alexandrum Chayn de Edindonyng, Laurentium Lam in Gannochy Pettulane, Thomam Lam in Perth, Magistrum Joannem Moncreiff de Rynd, Andream Blair in Ballindane, Alexandrum Murray in Abircardny, Dauid Murray de Ardargy, et Eduardum Grahme in Abir- cardny : Qui jurati dicunt, quod quondam Joannes Striuiling de Keir, miles, pater Jacobi Striuiling de Keir latoris presentium, obiit vltimo vestitus et sasitus, vt de feodo, ad pacem et fidem quondam supremi domini nostri Regis vltimi defuncti, cuius anhne propitietui' Deus, de totis et integris terris de Lanark et Achinbie cum per- tinentiis, jacentibus in Senescallatu de Stratherne et infra viceeomitatum de Perth : Et quod dictus Jacobus est legitimus et propinquior heres eiusdem quondam Joannis militis, patris sui, de totis et integris dictis terris de Lanark et Auchinbie cum per- tinentiis : Et quod est legittime etatis : Et quod valent nunc per annum quadraginta niercas, et tempore pacis decern mercas : Et quod tenentur in capite de suprema domina nostra Regina per seruitium warde et releuii : Et quod existebant in manibus dicti domini nostri Regis per spatium duorum annorum et sex mensium ratione warde : Et quod existunt in manibus dicte domine nostre Regine per spatium duorum annorum et vnius termini ratione nonintroitus aut eo circiter legitime per se ipsos, et ob causam
1545.] CHARTERS, ETC. 385
mortis dicti quondam Johannis, in defectu veri heredis jus suuni hucusque minime
prosequentis : In cuius rei testimonium sigilla quorundam eorum qui dicte Inquisitioni
intererant presentibus apponuntur, clausis sub sigillo officii dicti vicecomitis, et hoc
breue incluso, loco, die, mense, et anno suprascriptis.
Hec est vera copia principalis retornatus super premissis in Cancellaria supremi
domini nostri Regis remanentis, copiata et collationata per me Magistrum
Willelmum Scott, scribam, ac eiusdem Cancellarie Directorem, sub meis signo
et subscriptione manualibus.
W. Scot.
Charter by William Menteth of Kers, to Matthew Hamyltoun of Mylnburne, of half of the lands of Vchiltreis, 9th February 1545.
167. Omnibus hanc cartam visuris vel audituris, Willelnius Menteith de Kers, superior immediatus Jacobi Striueling de Keh' terrarum subscriptarum, Salutem in Domino sempiternam. Quia suprema domina nostra Regina, per literas suas, sub sigilli sui magni testimonio, cum auisamento et consensu carissimi consanguinei sui et tutoris, Jacobi Aranie Convitis, Domini Hammiltoun, regni sui protectoris et gubernatoris, michi directas, precepit et mandauit quatenus Alexandrmn Drovniond de Carnock et Matheum Hamiltoun de Mylnburne, in defectu dicti Jacobi Striueling, michi in im- mediatos tenentes terrarum de Eistir et Westir Vchiltreis, cum molendino et suis pertinenciis, jacentium infra vicecomitatum de Linlythqw, et per annexationem infra vicecomitatum de Striueling, equaliter recuperem, ac ipsos heredes suos et assignatos in eisdem equaliter infeodarem, vt poti in prefatis Uteris michi desuper directis latius continetm- : Quarum tenor sub hac verborum sequitur serie ; Maria Dei gracia Regina Scotorum, dilecto nostro Willelmo Menteith de Kers . . . Quia terre de Eistir et "Westir Vchiltreis . . . que Thome Bischope prius hereditarie pertinuerunt, per ipsum de dicto Jacobo Striueling immediate tente, in manibus nostris deuenerunt, et nobis ratione eschete ob forisfacturam rite super dictum Thomani deductam pertinent, pro certis proditorie et nostre lese maiestatis criminibus per ipsum commissis, de quibus in parliamento nostro conuictus extitit ; Uolentes tamen per huiusmodi nullum preiu- dicium nee lesionem prefato Jacobo in sua superioritate dictanmi terrarum . generari, immo potius de vicetenenti seu tenentibus ad huiusmodi prouideri, dilectos nostros, Alexandi'iun Drummond de Carnok. et Matheum Hammiltoun de Mylnburn immediatos tenentes sibi dictarum terrarum . . . cum auisamento et consensu Jacobi Aranie comitis . . . regni nostri protectoris et gubernatoris presentauimus, sibi precipiens quatenus, dictos Alexandrmn et Matheum in immediatos
386 KEIK PAPERS. [1545.
tenentes sibi earundein equaliter reciperet, ac ipsos eorum heredes et assignatos in
eisdeni equaliter infeodaret, prout in dicta nostra presentatione sibi desuper directa
plenius continetur : Cui presentationi in prima forma, nee aliis nostris presentationi-
bus in secunda et tertia nostre cancellarie formis, sibi etiam desuper directis, parere
voluit, veluti etiam autentica instrumenta desuper leuata proportant : Tibi igitur,
cmn auisamento et consensu prefati nostri carissimi consanguinei et tutoris, preci-
pimus et mandamus quatemus, dictos Alexandrium et Matheuni, in defectu dicti Jacobi
Striueling, in immediatos tenentes sibi predictarum terrarum . . . equaliter
recipias, ac ipsos eorum heredes et assignatos in eisdem equaliter infeodes, per duas
cartas et sasinas, per eos suos heredes et assignatos, de te, prefato Willelmo Men-
teith, et heredibus tuis, adeo libere in futurum tenendarum, ac si dictus Thomas huius-
modi, ante dictam forrisfacturam, de prenominato Jaeobo tenuit hereditarie infeodes :
Et presentes literas, per te visas et intellectas, earundem latori reddas : Datum sub
testmonio nostri magni sigilli, apud Linlythqw, decimo die mensis Decembris, anno
regni nostri tertio : Noueritis igitur me, huiusmodi Uteris et mandatis compulsum,
dedisse, concessisse, et hac presenti carta mea confirmasse . . . prefato Matheo
Hammiltoun heredibus suis et assignatis, totam et integram dimedietatem prefatarmn
terrarum de Eistir et Westir Vchiltreis . . . Tenendam et habendam .
de me et heredibus meis in feodo et hereditate imperpetuiun . . . Reddendo inde
annuatim . . . jura et seruitia . . . prius debita et consueta ... In
cuius rei testimonium sigillum nieuni proprium huic presenti carte mee, manu mea
subscripte, est appensum, apud Edinburgh, nono die mensis Februarii, anno Domini
milleshno quingentesimo quadragesinio quinto, coram hiis testibus, Dominis consilii
supreme domine nostre Regine.
Welaem MenthT of W. Kers.
Process of Dispensation for the Marriage of David Watsoun and Margaret Strivilyng,
3rd June 1545.
168. Vnideesis et singulis sancte matris ecclesie filiis ad quorum noticias presentes litere peruenerint, quos et infra scriptum tangit negotium, seu tangere poterit quomodolibet in futuriun, Jacobus Cottis, Canonicus ecclesie metropoUtane Glasguensis, ac de Car- staris in eadem Prebendarius, commissarius et executor vnacum venerabilibus viris, Decano ecclesie metropolitane Glasguensis, et Officiali Glasguensi, nostris in hac parte collegis, ad dispensandum cum duodecim copulis, videlicet, duodecim viris et duodecim mulieribus, cum hac clausula, discretioni vestre et cuilibet vestrum ad infra scripta, a sede apostolica et ipsius sacre penitentiarie specialiter constituti ; Salutem in Domino
1545.] CHAETEES, ETC. 387
sempiternam, et presentibus fidem indubiam adhibere : Ex parte dilectorum nobis in Ckristo, Dauid Watsoune, laici Glasguensis diocesis, et Margrete Strivilyng mulieris eiusdeni diocesis, coram nobis oblata petitio continebat ; quod ipsi exponentes alias scientes se in quarto et quarto gradibus consanguinitatis inuicern attinere ; et quia, stante dicto impedimenta, matrimonium inter se licite contrahere, nee in eodem per- manere possint aut valeant, absque sedis apostolice dispensatione legittima ; ideo nobis humiliter supplicari fecerunt ipsis super his de remedio prouideri oportuno, vt propter certas rationabiles causas cum ipsis exponentibus, secundum tenorem subincerte com- missionis, dispensare dignaremur : Nos igitur attendentes huiusmodi requisitionem fore justam et rationi consonam, volentesque mandatum apostolicum nobis commissum perimplere, receptis prius nonnullis testibus fidedignis, ad sacra Dei euangelia iuratis, per quorum depositiones defacto compertum habuimus, dictos David et Margretam in quarto et quarto consanguinitatis gradibus inuicern attinere, aliaque et singula in dicta petitione eontenta et narrata, esse et veritate fulciri : Nos igitur, auctoritate apostolica nobis commissa, et qua fungimur in hac parte, reputauimus et inuenimus ipsos exponentes in omnibus ad huiusmodi dispensationis gratiam obtinentibus, habiles et ydoneos, dictamque Margretam propter hoc raptam non fuisse ab aliquo : Denium cum ipsis, David coram nobis personaliter comparente, et Margreta Stripling in per- sonam Johannis Strivilyng de Craigbarnard sui procuratoris ad hoc constituti, et ad janua prostratis huius Utere fieri petentibus, quod non obstantibus impedimento quarti et quarti consanguinitatis gradu antedicto, aliisque premissis, matrimonium in facie ecclesie, per verba de presenti, solemnizare et in eodem, postquam solemnizatum fuerit, libere et licite possint et valeant permanere, misericorditer in Domino duximus dispensandum, pro vt tenore presentium dispensamus ; prolemque seu proles inter eosdem suscipiendam legittimam decernentes ; bannis tamen, et aliis solempnitatibus in matrimonio fiendo solitis, premissis non obstantibus, obseruatis : Sequitur tenor commissionis principalis : Antonius miseratione diuina Episcopus Sabinensis, discre- tis viris, Decano, et Jacobo Cottis Canonico, ecclesie Glasguensis, ac Officiali Glas- guensi, Salutem in Domino : Sedis apostolice indefessa dementia vndequaque peruigil ad ea potissimum circumspectionis sue oculos dirigit, per que animarum Christi fidelium saluti, eorumque tranquillitati et paci consulitur, rigorem juris prop- terea mansuetudine temperans, et quod sacrorum canonum prohibent, restituta de gratia benignitatis indulgens ; pro ut temporum et personarum qualitate pensata, id in Domino salubriter expedire cognoscat, et vt Christi fideles, qui ob viarum longinquita- tem et discrimina ad sedem ipsam propterea comode recursum habere non valent, ne ob id patiantur, personis prouidis et circumspectis desuper vices suas libenter com-
388 KEIR PAPERS. [1545.
mittere consueuit : Sane pro parte dileetorum nobis in Christo, Mauricii Clerk, perpetui Vicarii de Kilmaronok, et Hugonis Curry, etiam perpetui Vicarii seu Com- mendatarii de Howme, Glasguensis diocesis, fuit propositiim coram nobis ; quod in regno Scotie, et insulis illi subiectis, plures sunt viri et mulieres quarto consanguini- tatis et affinitatis gradu coniuncte, et se attinentes, ac publice honestatis justitie et cognatione spirituali impediti, quorum aliqui ex rationabilibus causis inuicem matri- monialiter copulari ; aliqui vero, qui buiusmodi impedimenta ignorantes vel scientes, matrimonium contraxerunt, et inter quos, si fieret diuortium, grauia possint exinde scandala prouenire, in eorum matrimonio remanere desiderant ; sed quia id absque sedis apostolice dispensatione facere, et propter viarum longinquitatem et discrimina, ad dietam sedem, pro dispensatione ipsa comode accedere aut mittere nequiunt, eorum rationabili desiderio frustrantur ; vel in eorum matrimoniis, non sine magno eorum animarum periculo illicite remanere contingit : Quare dicti exponentes supplicari fecerunt humiliter, eis super bis, per sedem eandem misericorditer prouideri : Nos igitur, buiusmodi supplicationibus inclinati, auctoritate domini pape, cuius penitentiarie curam gerimus, et de eius speciab' et espresso mandato super boc viue vocis oraculo nobis facto ; discretioni vestre et cuilibet vestrum committimus, quatenus cum duode- cim copulis, videlicet, cum duodecim viris et totidem mulieribus, Glasguensis, Dun- blanensis, Lesmorensis, et Sodorensis siue Insularum ciuitatum et diocesium, quos ad hoc dicti Mauritius et Hugo insimul, ac duobus aut vni vestrum, duxerint nominandos, super impedimentis quarti gradus, simplicis, duplicis, triplicis aut multiplicis consangui- nitatis aut affinitatis, ac primi, secundi, tertii et quarti graduum publice, honestate, jus- ticie, similiter, simplicis, duplicis, triplicis, aut multiplicis, etiam si alter coniugum seu contrabere volentium primo, secundo aut tertio, alter vero quarto consanguinitatis et affinitatis gradu distarent, ac cognationis spiritualis inter baptizatum seu baptizatam, aut confirmatum seu confirmatam, et filios baptizantis aut leuantis de sacro fonte seu crismantis, aut tenentis in confirmatione, quod impedimentis huiusmodi copulatiue vel disiunctiue non obstantibus, qui nondum contraxerint etiam si buiusmodi impedimenta ignorantes vel scientes, antea sese pluries carnaliter cognouerint et prolem pro- creauerint : Ac qui post contractum ignoranter et etiam consummatum seu contractum scienter et non consummatum matrimonium diuortiati fuerint ; etiam si post senten- tiam diuortii sese carnaliter cognouerunt, matrnnonium inter se contrabere, et in eo postmodum remanere : Qui vero etiam ignoranter vel scienter, etiam clandestine, matri- monium etiam presumptum contraxerint et consummauerint, etiam si antea sese carna- liter cognouerint ; exceptis biis, qui consanguinitatis et seu affinitatis impedimentis im- pediti, buiusmodi impedimento scientes, matrimonium contraxerint et consummauerint,
1545.1 CHARTERS, ETC. 3g9
cum quibus per vos dispensari posse nullatenus, voluinus vt in eoruni contracto niatri- monio remanere, illudque in facie ecelesie, si opus fuerit, solenmizare libere et licite valeant dispensare, dummodo mulieres ipse propter hoe ab aliquo rapte non fuerint ; proles susceptas et suscipiendas exinde legitthnas decernere ; necnon eos, qui scienter et seu clandestine contraxerint, aut prius sese carnaliter cognouerint, ab exeonmiuni- cationis sententia incestus reatu et excessibus huiusmodi, pro vt opus fuerit, prius et ante omnia absoluere ac etiani penitentiam salutarem et alia que de jure fuerint inhmgenda, iniungere libere et licite possetis, tenore presentium licentiam coneedimus facultatem ; vices nostras in bis vobis plenarie conmiittentes : Non obstantibus apos- tolicis ac prouincialibus et synodalibus constitutionibus et ordinationibus, ceterisque contrariis quibuscunque : Presentibus post quinquennium minime valituris : Volumus auctoritate quod dupla seu regestra dispensationum, quas vigore presentium fieri con- tigerit, sub sigillo auctentico et in forma auctentica nobis, et officio nostro penitentiare apostolice, quamtotius poteritis transmittere teneamini cum effectu, et numerum copu- larum huiusmodi non excedatis, nee in aliis, preterquam in presentibus Uteris expressis, gradibus dispensare, neque huiusmodi facilitate, elapso dicto quinquennio, vti quomodo- libet presumatis decernentes, quern si contra voluntatem nostram huiusmodi fieri con- tigerit, et inde pro tempore sequent! quemcunque nullius existere roboris vel momenti : Datum Rome, apud Sanctum Petruin, sub sigillo officii penitentiarie, iii kalendas Martii, pontificatus domini Pauli pape tertii, anno nono : In quorum omnium et singu- lorum fidem et testimonium premissorum, has presentes literas nostras, siue presens publicum instrumentum, processum huiusmodi dispensationis nostre in se continentes, et per notarium publicum subscriptivm, nostrum in presenti processu scribam, dari, et subscribi, et publicari mandauimus ; sigillique nostri jussimus et fecimus appentione communiri : Datum et actum in ciuitate Glasguensi, in domo dicti domini Jacobi Cottis, Pectoris de Carstaris, die tertio mensis Junii, anno Domini millesimo quingen- tesimo quadragesimo quinto, indictione tertia, pontificatusque sanctissimi in Christo patris et domini nostri, domini Pauli diuina prouidentia pape tertii, anno vndecimo, circa horam octauam ante meridiem : Presentibus ibidem, Waltero Park, "Willehno Bochquhannen, Jacobo Cameroun, et domino Johanne Androsoun, capellano et notario publico, testibus ad premissa vocatis, pariter et rogatis.
Et ego Johannes Morisoun, presbiter Glasguensis diocesis, sacra auctoritate apostolica notarius : Quia, etc. Johannes Morisoun.
3 D
390 KEIR papers. [1545.
Articles of Agreement between the Lord Governor [Arrane] and the Privy Council and George Striueling of Glorat, Captain of Dunbertane Castle, 1st April 1545.
169. At Edinburcht the first day of Aprile, the zeir of God, l?1 V". xlv zeiris : In presens of my Lord Gouernour and Lordis of Secreit Counsale, comperit James Porterfeild, sernand to George Striueling of Glorate, Capitane of the Castell of Dunbertane, and in his name and behalf gaif in thir articlis and desiris, off the quhilk the tennour followis, to gidder with my Lord Gouernour and Lordis of Preuie Counsale ansuer thairto: In the First ; Plesit zoure grace and lordschipis to grant me ane geuerall remissioun to me, my kin, freindis, tennentis and parttakaris, samony as I will giff in bill, for all crymes and offences committit be me, or ony of myne, in tymes bygane, incontrair oure souerane lady and my lord gouernour ; and ane remissioun to be extendit in the lairgest forme, with all claussis neidfull : My Lord Gouernour and Lordis of Counsale grantis this artikle : Secondlie ; Plesit zoure grace and lordschipis to gif me ane letter of tak and assedatioun of the said Castell and Fortalice of Dunbartane, induring the querns grace minorite, I finding sivfficient cautioun, landit men, that the said hous be obseruit and kepit to the querns grace and the auctorite : My Lord Gouernour and Lordis of Preue Counsale grantis this article : Thridlie ; Becaus the landis rentis and j>osses- sionis of the said Castell ar waistit and distroyit, and I had nathing to sustene the said hous, I intromettit with certane vittualis of the 1° merk land of Kilpatrik, and Kirk of the samin, partenyng to my Lord of Paslay ; thairfoir plesit zoure grace and lorddschippis to recompens and pay the said abbot, and caus him to gif me ane dis- charge of the samin : My Lord Gouernour and Lordis of Preuie Counsale grantis this article, and hes tane on hand to pleis my lord of Paslay : Ferdlie ; That zoure grace and lordschippis wald grant me ane culvering bastard, twa culuering mennis, sex hag- buttis of crok, with pouder and bulletis efferand tharto, for defens of the said hous : My Lord Gouernour and Lordis of Preue Counsale grantis ane myane, with sic vther gunnis and small artailzerie as is necessar for keping of the said hous, pouder and bullettis efferand thairto : Fiftlie ; Becaus the landis of the said Castell ar distroyit, and I get na males nor dewiteis to sustene my seruandis, nor to pay thair feyis ; thairfoir that zoure lordschip grant me thre hundreith crownis of the sone to j>ay seruandis fealis, and to by fische and flesche and fewale to sustene the place : My Lord Gouernour and Lordis of Preuie Counsale grantis the sovme of nil li. to this effect : Sextlie ; Becaus we haue obseruit and kepit the said place lelelie and trewlie furth of oure ynnemeis handis, and thair parttakaris in tymes bigane, and in tyme cmning, will God, sail obserue and keip the samin ; thairfoir pleis zoure lordschip to modefy me
1545.] CHARTERS, ETC. 391
ane rewarde thairfoir, gif zoure lordschippis thinkis that we haue deseruit the saniyn : My Lord Gouernour and Lordis of Preuie Counsale thinkis that this Capitane suld be rewardit : Sevintlie ; That zoure lordschip wald discharge ine of the fermes of Inehynnane, intromettit with be me of this instant zeir ; and in the meynetyme that zoure lordschip wald discharge the Maister of Sempill, and all vtheris, of ony intromis- sioun troubling or impediment making to the pure tennentis of the said lordschip of the present zeir ; and siclike that we may haue oure obligatioun of warrandice sub- script be my Lord Gouernour in the sickerrest forme that may be deuisit : My Lord Gouernour and Lordis of Priuie Counsale hes grantit this article, and lies tane on hand to pleis the Maister of Sempill ; and the said Maister of Sempill being per- sonalie present, hes consentit heirto; prouiding alwayis that the said Capitane intromet with na mair in tymes cuming : Auchtlie ; Pleis zoure grace and lordschippis to modefy me ane zeirlie leving in tymes cuming, for defens of the said place, and in the meynetyme my plege and souirteis to remane, salang as I get payment of the said leving ; on" the quhilk that my plege and souerteis be contentit of : My Lord Gouer- nour and Lordis of Counsale modifyis the sovme of v° li. tobe pait zeirlie to the said Capitane for defens of the said hous, induring the tyme of weir betuix Ingland and Scotland, by the fermes and thingis the samin hes ellis ; and in tyme of pece, my Lord Gouernour and Lordis of Counsale sail cans the said hous to be ansuerit of the awin proper dewiteis : For the fulfilling of the quhilkis, Johne Buchquhannane of that Hk, x of Bisehoptoun, and Johne Stewart of Barscrube ar
beeum cautioneris and souirteis, coniunctlie and seueralie, for the said Capitane, that the said Place and Castell of Dunbartane salbe kepit and ansuerit to the quenis grace, indurand hir minorite to my lord gouernour ; and that the said Capitane sallnocht ressaue na Inglisnian ; nor writting out of Ingland, nor zit sail ressaue the Erie of Levinax, nor nane of his seruandis, nor na man takand part nor fauorand Ingland; and gif ony seruandis or writtingis cummis fra the King of Ingland, or the Erie of Leuinax, or ony vther thair fauoraris, that the said Capitane sail tak the men and writtingis, and bring them or send thame to my Lord Gouernour and Lordis of Counsale : Item ; That the said Capitane be him self his seruandis and parttakaris sail nocht expres reif, or do na wrang in the cuntre or vthirwayis, bot be wais of iustice, nor sail ressaue nane within the place that dois sic thingis : Item ; That he sail serue lelelie and trewlie my Lord Gouernour all tymes quhen he salbe requerit, vnder the pane of xxx merkis : Item ; That the said Capitane sail, how sone he cummis to my Lord Gouernour and Lordis of Counsale, ratify and appreif all the premissis, vndir the
1 Blank in original.
392 KEIR papers. [1545.
said pane : Item ; That the said Capitane sail deliuer his sone and aire in the Castel of Sempill, to remane "with him in plege and keping, betuix this and the xv day of Aprile instant ; and to ly in plege for the obseruyng and fulfilling of the premissis ; and the said Lord bindis and oblissis him that he sail keip the said Capitanis sone suretie, and sail deliuer him to na nianer of personis, but to my Lord Gouernour quhen he is requirit thairto, as he will ansuer to my Lord Gouernour vpoun his vter- maist charge : And as to that thair plege ordanit to be deliuerit to my Lord Gouer- nour, that is to say, Walter Striueling, brother to the said Capitane, the day of the dait of thir presentis, the said Walter is enterit as said is : And becaus it is in speciale convenit betuix my Lord Gouernour and Lordis of Priuie Counsale and the said Patrik [sie, sed lege Oapitain] and souerteis foirsaidis ; that ane remissioun, ane letter of tak, ane discharge of the vittualis of the Kirk of Kilpatrik takin vp be the said Capitane, the sovme of iii? lib., and ane culuering myane, with part of powder, salbe deliuerit to the said Capitane within xv dais ; that in cais the samin be nocht de- liuerit within the said xv dayis, the saidis actis tuiching the saidis sourteis tobe expirit and tobe null in the self : Extractum de libro actorum per me, Magistrum Jacobum Foulis de Colintoun, clericum rotuloruni registri ac consilii supreme domine
nostre Regine, sub meis signo et subscriptione manualibus.
Jacobus Foulis.
Grant by Queen Mary, with consent of the Pvegent Arran, to George Stirling of Glorat, of the office of Captain of the Castle of Dumbarton, 25th April 1545.
170. Maky by the grace of God Queen of Scots, to all and sundry our leidges and subjects quham it effeirs, to quhais knawledge thir our letters sal cum, Greting : Wit ye us, with advice, consent, and authority of our dearest cousing and tutor, James Earle of Arran, Lord Hamilton, Protector and Governour of our realme, to have made constitut and ordanit, and be thir our letters makis constituts and ordains our lovite, George Stilling of Glorat, his heirs or assigneys, Captains Constables and Keepers of our Castle of Dumbartan, whilk the said George now bruiks and keeps, for all the dayes and terms of nine years next and immediately following the day of the date hereof: Givand, grantand, and committand to them, our full power and speciall mandat to minister in the said office of captainrie, and to use and exerce the samen in all things pertaining thereto ; and to mak constables or deputs, ane or mae, under them in the said office, for wham they shall be halden to answer : For using and exercing of the whilk office, and for the good true and thankful! service done and to be done to us and our successors, be the said George ; with
1546.] CHARTERS, ETC. 393
advice consent and authority of our said Tutour and Governour, we have given, grantit, assigned, and disponed, and be thir our letters gives, grants, assignes, and dispones to him, his airis and assigneys, all lands, annuals, fees, customs and dewties, aught and pertaining to the keeping of our said Castle of befor ; with power to them to hald courts upon the saids lands, and to take up the unlaws, amerciaments, and escheats thereof, and gif neid beis to poynd and distreinzie therefor ; and to remove, change, input, and output tennents thereof, siklike and als freely as any other Captains of our said Castle might have done of before, freely, quietly, well, and in peace, but any revocation or again calling whatsomever : Quhairfor wee chairge straitly and command you, all and sundry our leidges and subdits foresaid, that nane of you take upon hand to make any impediment, lett, or distrublance to the said George, his heirs or assigneys, in the keeping of our said Castle, and in the uptaking of all lands, annuals, fees, customs, and duties pertaining thereto, during the saids nine years, after the tenor of thir our letters, under all highest pain and charge that after may follow : Given under our privie seall at Edinburgh, the 25th day of April, the year of God 1545 years, and of our reigne the third year.
Per Signaturam manu domini Gubernatoris subscriptam.
Litera Georgii Stirling de Glorat.
Letter by the Regent Arran, in the name of Queen Mary, to the Lords of Session, ordaining them to desist from proceeding in any actions of spulzie against George Striueling of Gloret, 19th March 1546.
Regina. 171. Chancellare, President and Lordis of oure Counsale and Sessioune ; We greit zow hertlie weill : Forsamekle as oure derrest cousing and tutoure, James Erie of Arrane, Lord Hammiltoune etc., protectour and gouernour of oure realme, at oure assege maid be him at oure Castell of Dunbertane, for saifty of the samin furth of the handis of oure auld inymeis of Ingland, appunctit with George Striueling of Gloret, than Capitane thairof, that oure said gouernour suld get discharge to him of all spulzeis committit be him and his seruandis, sen the deces of vmquhile oure deriest fader of gude mynd, quharn God assolze, fra the personis vpoune quham the samin wes committit, with letteris of slanis fra the kin and freindis of all personis vpoune quham thai had com- mittit ony slauchter in the meyntyme ; and oure saide gouernour, to satefy the saidis personis spulzeit, and kin and freindis, for the saidis gudis and slauchteris ; and for that caus the said George gaif oure and deliuerit oure said Castell to oure said gouer- nour : Howbeit James Haldane of Glennegas, Donald Campbell of Ardintynne,
394 KEIR papers. [1546
Jolinne Simpill of Fouldwod, and his tenentis and seruandis, Dauid Watsoune burges of Dunbertane, Gilbert Kennedy of Balniaclannochane, Schir James Jaksoune chap- lane, Maister Williame Hammiltouue, Williame Duchell, and diuers vtheris personis, hes rasit and intendis to rais sunrmondis at thair instances respectiue, vpoun sindry spulzeis of gudis allegit tobe committit vpoune thame be the said George and his seruandis, intending to persew and recouer the samin befor zow aganis him, and to poynd and appris his landis and gudis thairfore ; in sicwis that oure said gouernour may nocht keip his promit foirsaid maid to the said George ; quhilk we and oure said gouernour, of oure and his honoure, can nocht sufl'er tobe done : Heirfore we, with auis consent and auctorite of oure gouernoure foirsaid, prayis and als chargeis zow, that incontinent efter the sicht heirof, ze desist and ceis fra all calling and proceding vpoune ony summondis raisit or tobe raisit aganis the said George and his seruandis, at the instances of the personis specialie abone nemmit, or ony vtheris, for quhatsumeuir spulzeis of gudis allegit tobe committit vpoune thame, or ony of thame, be the said George and his seruandis, sen the deces of oure said vmquhile derrest fader, quhill the geving and deliuering of oure said Castell to oure said gouernour ; bot that ze remit and refer thame to oure said gouernour, to aggre with him thairupoune, and he sail satefy thame ressonabillie thairfore, conforme to his promit maid to the said George thairupoun : Dischargeing zow all vtherwayes thairof, and of zour office in that part, be thir oure letteris ; and that ze mak ane act in zoure bukis heirupoune : Gevin vnder oure signete, and subscriut be oure said gouernour, at Edinburcht, the
nyntent day of Marche, and of oure regnne the fyft zeir.
James G.
Declaration by the Barons of the Levenax, that George Striueling of Glorat, ought to render the Castle of Dunbertane to the Lord Governor, 13th July 1546.
Apud Dunbertane xiii° Julii, anno etc. xlvi. 172. The quhilk day, in presens of my Lord Gouernour and the Counsale, comperit thir gentilmen vnderwrittin, Baronis of the Levenax, that is to say, George Buchquhennane of that Hk, Johne Culquhoun of Luss, Johne Birsbane of Bischoptoun, James Gal- brayth of Culcrewich, the Lard of Cowgran, Johne Lindsay of Bullule, Alexander McCawlay of Arncapill, the Lard of Ardoch, Alexander Douglas of Manys, Johne Striueling of Craigbarnard, Walter Striueling of Ballagane, Johne Naper of Kil- mahew ; and hes all in ane voce thocht necessar and expedient, conforme to my Lord Governouris and the Lordis of Counsalis desire, that George Striueling of Gloret, Capitane of Dunbertane, sail gif our and rander the hous and castell of Dunbertane
1547.] CHARTERS, ETC. 395
to my Lord Governour, tobe ordoneit be his grace, with auis of the counsale, in
euery behalf, as sallbe fvmdin expedient ; and to that effect sail devoid and red
him self and all that is into the said castell within sic ternies as sallbe appoyntit
to him be my Lord Governour and the Counsale : And in cais he refusis to do the
samin, the saidis lardis baronis and gentilinen takkis on hand to seme my Lord
Gouemour with thair kyn and freyndis, to the recouering of the said hous, as sail
pleis my Lord Gouemour and the Counsale to command thame : In witnes heirof
thai haif subscriuit thir presentis with thair handis, day, zeir, and place foirsaidis.
James Galbrayth with my hand George Buchquhennane of that
on the pen, led be Neyll Layng Ilk with my hand at the pen,
notar, at my command. led be Neyll Layng notar, at
Alexander McCawlay of Arn- my command.
capill with my hand at the Johne Naper of Kilmahew with
pen, led be the notar forsaid. my hand at the pen, led be the
Jhon Colqwhoun of Lwss. notar forsaid.
Walter Strevleng of Bavlagan. Alexander Dowglas of Manys
Jhown Lyndsat off Boloule. with my hand at the pen, led
Jhon Stirling of Cragbarnard. be Neyll Layng notar.
John Byrsbayn off Byschoptoun wyth my hand.
Licence by Queen Mary, with consent of the Begent Arrane ; to Jonet Striueling, the spouse of Thomas Bischop, to remain in England, 28th March 1547.
Kegina. 173. Ws, with avis, consent, and autorite of our derest cousing and tutour, James Erll of Arrane, Lord Hammyltoun, &c, Protectour and Governour of our realme, to quham it is vnderstandin that hir louit Jonet Striueling, the spous of Thomas Bischop, of the speciale licence of hir said gouernour gevin to hir at the requeist of freyndis, past to remane with hir said spous in the partis of Ingland : off new grantis and gevis licence to hir to remane in the saidis partis, thair to do hir erandis and besynes at hir plesour, for the space of xx dayis nixt eftir the day of the dait of thir presentis : And will and grantis, that throu hir passing and remaning in the saidis partis, sen hir departing, and in tym cuming during the said space, scho schall nocht incur ony danger or skaith in hir persoun, landis nor gudis, nor sail nocht be callit nor accusit thairfor, criminalie nor ciuilie, be ony maner of way in tymes cuming : Nochtwithstanding the weris now
396 KEIR papers. [1549.
standing beuix ws, our realme and liegis, and the King of Ingland, his realme and liegis ; and siclike, nochtwithstanding ony our proclamations, chargis, or actis of par- liament, vthir lawis, consuetudis of our realme maid or tobe maid in the contrar, and pains contenit thairintill ; anent the quhilkis we dispenss with the said Jonet be thir our letteris : And attour, we, with consent and autorite of our gouernour forsaid, ratefy and apprevis all rychtis maid sene hir departing furth of our realm and pro- curatoriis to James Striueling of the Keir, and tobe maicl during the tyme of this licence to ryn : Subscriuit be our said Gouernour, and gevin vnder our signet, at Sterleng, the xxviii day of Marcht, and of our regnne the fyft zere.
4#^
Collation and Induction of Sir John Forfar to the Chaplainry of the Virgin Mary within the Cathedral Church of Dunblane, 25th January 1549.
174. Willelmus, Dei et apostolice sedis gratia, Episcopus Dunblanensis, Decano nostro Christianitatis eiusdem, sen cuicunque alteri capellano super executione presentium debite requisite, Salutem cum benedictione diuina. Quia capellaniam perpetuam diue Virginis Marie, infra ecclesiam cathedralem Dunblanensem fundatam, vacantem per puram et simplicem resignationem et dimissionem venerabilis viri, Domini Jacobi Blakwod vltimi capellani et possessoris eiusdem, in manibus nostris sponte factam, ad presentationem honorabilis viri, Jacobi Striueling de Keir, nostramque collationem ordinariam, pleno jure, spectantem et pertinentem ; dileeto nostro, Domino Johanni Forfar capellano, nobis per dictum Jacobum litteratorie presentato, absenti tanquam present!, in persona Andree Blakwod eius procuratoris ad hoc speciahter constituti, de cuius procurations mandato nobis per instrumentum publicum, sub signo et subscrip- tione manuali domini Johannis Lermonth notarii publici subscripti, luculenter constabat, ex data, apud ciuitatem Dunblanensem, die vicesimo quarto mensis Januarii, anno Domini millesimo quingentesimo quadragesimo nono ; diuine caritatis intuitu, contuli- mus et per presentes conferrimus, eundemque Dominum Johannem, per annuli nostri digito dicte Andree eius procuratoris impositionem, inuestiuimus in eadem, cm-am regimen et administrationem eiusdem sibi plenarie committentes. Quocirca vobis ac vestrum cuilibet, in virtute sancte obedientie stricte precipiendo mandamus quatenus
1549.] CHARTERS, ETC. 397
eundeni Dorninuni Johannem, vel procuratorem suuni legittimum, in et ad realem, actualeru, et corporalem, seu quasi possessionem dicte capellanie, jivriunique et per- tmentiaruin eiusdeni, inducatis et instituatis, inductumque et institutuni canonice de- fendatis ; sibique de illius fructibus, redditibus, juribus, obuentionibus vniuersis, integre responded faciatis ; eontradiotores, si qui forsan fuerint, auetoritate nostra artius corn- pescendo ; in signum vero huiusniodi institutionis et traditionis possessionis vos, qui presentes executi fueritis, sigillum vestrum in secunda cauda post nostrum presentibus appendatis, aut per notariuni publicum nota sibi fieri faciatis, apud eundeni Dominum Johannem imperpetuum remansuris. In quorum omnium et singulorurn premissorum fidem et testimonium has presentes collationis litteras, siue hoc presens publicum instru- mentum, per notarium publicum subscriptum subscribi et publicari mandauimus, sigil- lique nostri rotundi jussimus et fecimus appentione communiri. Datum et actum apud ciuitateni Dunblanensem, in camera scribe consistorialis eiusdem, hora tertia post meri- diem vel eocirca, die vicesimo quinto mensis Januarii, anno Domini millesimo quingen- tesimo quadragesimo nono, indictione octaua, pontificatus sanctissimi in Christo patris et domini nostri, domini Pauli diuina prouidentia pape tertii, anno decinio sexto, seu saltern vt ait wlgo, sede apostolica pastore carente. Presentibus, Mauritio Keire, Willelmo Blakwod, Georgio Mebos, testibus ad premissa vocatis pariterque rogatis. Et ego Johannes Lermonth, presbiter Sanctiandree diocesis sacra autoritate apos- tolica notarius publicus etc. Johannes Lermonth no. pub. \JDorso.~\ In Dei Nomine Amen. Per hoc presens publicum instrument mn cunctis pateat eui- denter, quod anno Incarnationis Dominice millesimo quingentesimo quadragesimo nono, mensis vero Januarii die vltimo, indictione octaua, pontificatus sanctissimi in Christo patris et domini nostri, domini Paidi diuina prouidentia pape tertii, anno decinio sexto, seu saltern, vt ait wlgo, sede apostolica pastore carente : In mei notarii publici et tes- tiuni subscriptorum presentia, personaliter constitutus venerabilis vir, Dominus Jacobus Blakwod, Capellanus, ac Decanus Christianitatis Dunblanensis, requisitus per retro- scriptum Andream, procuratorem et eo nomine retroscripti Domini Johannis Forfar Capellani, cuius procurationis mandato mihi clare constabat vt retroscribitur, pro insti- tutione retroscripte capellanie et altaris Beate Marie Virginis, secundum vim formam et tenorem retroscripte collationis littere sibi directe et presentate, tradenda accessit ad altare retroscripte capellanie, et ibidem Dominum Johannem Forfar predictum, absentem tanquam presentem, in persona sepefati Andree Blakwod sui procuratoris, in realem actualem seu quasi corporalem possessionem prefate capellanie et altaris, per vestimentorum et libri missalis dicti altaris traditionem et deliberationem, vt moris
3 E
398 KEIE papers. [1549.
est, instituit, induxit et inuestiuit, ac omnia alia et singula in retroscripta collationis litera contenta, vigore eiusdem debite executioni deniandauit. Super quibus omnibus et singulis prefatus Andreas, procurator et eo nomine quo supra, a me notario publico subscripto, sibi fieri petiit vnum publicum iustvumentum, seu plura publica instrumenta. Acta erant hec in ecclesia cathedrali Dunblanensi apud dictum altare Beatissime Virginis Marie, hora secunda post meridiem vel eocirea, sub anno, mense, die, indic- tione. et pontificate quibus supra. Presentibus ibidem, Jacobo Finlasoun, et Willekno Blakwod notario publico, testibus ad premissa vocatis pariterque rogatis. Et ego Johannes Lermonth, etc.
Collation by William (Chisholm) Bishop of Dunblane to William Blakwood, of the Chaplainry of St. Mary, within the Cathedral Church of Dunblane, 3rd February 1549.
175. Willelmus, Dei et apostolice sedis gracia, Episcopus Dunblanensis, dilectis nostris
Dominis Matheo Muschet, et Greorgio Ross, capellanis, Salutem, cum benedictione
diuina : De vestris prudentia et scientia quam plurinmm confidentes vobis, capellaniam
beatissime Virginis Marie infra ecclesiam cathedralem Dunblanensem fundatam, cum
earn vacare contigerit, per resignationem seu dimissionem Domini Joannis Forfar, nunc
capellani et possessoris eiusdem, seu per procuratorem siram ad hoc legitime constitu-
tum, cum omnibus suis juribus et pertinentiis ; idoneo clerico, Willelmo Blakwod,
vigore presentationis nobilis viri, Jacobi Striueling de Keir, patroni eiusdem, con-
ferendi et assignandi, et de eadem cum plenitudine juris canonici prouidendi ; ac
eundem Willelmum, vel procuratorem suum legitimum, in realem, actualem, et corpo-
ralem seu quasi possessionem dicte capellanie, juriumque et pertinentium eiusdem, in-
ducandi et induci faciendi, curam, regimen, et administrationem eiusdem, sibi plenarie
committendi ; ceteraque omnia et singula faciendi, gerendi, et exercendi, que in pre-
missis circaque ea necessaria fueriut seu etiam oportuna, nostram hac vice tenore
presentium committimus potestatem et facultatem impertimur vobis coniunctim et
diuisim. Datum sub sigillo nostro rotundo, vna cum nostra manuali subscriptione,
apud ciuitatem Dunblanensem die tertio mensis Februarii, anno Domini, millesimo
quingentesimo quadragesimo nono.
Willelmus Episcopus Dunblanensis.
Dispensation by James Striueling of Keir to Sir William Blakwod, 3rd February 1549. 17G. In Dei Nomine Amen. Per hoe presens publicum Instrumentum cunctis pateat eui-
1550.] CHARTERS, ETC. 399
denter, quod anno Incarnationis Doniinice niillesinio quingentesinio quadragesimo nono, niensis Februarii die tertio, indictione octaua, pontificatus sanctissimi in Christo patris et domini nostri, domini Pauli diuina prouidentia Pape tertii, anno deoimo sexto: In mei notarii publici et testiiun subscriptoruni presentia, personaliter constitutus nobilis vir, Jacobus Striueling de Keir, patronus laicus capellanie et altaris Beatissime Marie Virginis in insula boriali nauis ecclesie cathedralis Dunblanensis fundate ; exposuit, quod alias presentauit Willehnuni Blakwod, clericum ciuitatis Dunblanensis, caractere cleri- cali insignetum, ad dictam capellaniam, reuerendo patri Willelmo Episcopo Dunblanensi, pro sua collatione desuper habenda ; et quamquam dictus Willelnius non sit presbiter de present!, idem Jacobus licentiauit, tollerauit, et adniissit ipsum Willelmum, ac secum dispensauit, prout tenore presentis instrumenti licentiat, tollerat, et admittit eundem, secumque dispensat, ad acceptandam dictam capellaniam, et libere gaudendain eadem, cum vniuersis suis fructibus, emolumentis, et pertinentiis, vnacum alio seruitio capellania seruitio seu beneficio, cum cuxa aut sine cura, in ecclesia antedicta siue alibi, vsque commode ad sacros etiam presbiteratus ordines promoueri potent ; dimimodo dicta capel- lania debitis seruitiis non fraudetur, sed per ydoneum capellanum deseruatur, secundum tenorem primeue fundationis eiusdem. Super quibus omnibus et singulis prefatus Wil- lelmus Blakwod a me notario publico subscripto sibi fierii petiit vnum publicum instru- mentum, seu plura publica instrumenta. Acta erant hec in aula Archidiaconatus Dun- blanensis, infra eiuitatem Dunblanensem, hora nona ante meridiem vel eocirca, sub anno, mense, die, indictione et pontificatu quibus supra. Presentibus ibidem Andrea Blakwod et Johanne Morisone notariis publicis, testibus ad premissa vocatis pariterque rogatis. Et ego Johannes Lermonth presbiter Sanctiandree diocesis sacra auctoritate apos- tolica notarius publicus etc. Johannes Leirmontu notarius publicus.
Letters of Promotion by Robert Bishop of Orkney, of William Blakwod to the Order of Sub-Deacon, 14th March 1550.
177. Robertus miseratione diuina Orchadensis Episcopus, Vniuersis et singulis sancte niatris ecclesie filiis, ad quorum noticias presentes litere peruenerint, Salutem in omnium Saluatore. Noueritis quod nos, die date presentium, videlicet, Sabbato ante Dominicam de Passione, in ecclesia Monasterii de Jedbrught, Glasguensis diocesis, virtute com- missionis domini commissarii generalis Glasguensis, vicario generali in remotis agente, ac sede eiusdem vacante ; ordines, tarn generales quam speciales, ministrantes et cele- brantes, dilectum nobis in Christo filiiun, Willelmum Blakwod accolitum Dunblanensis diocesis, pro titulo capellaniam Beate Marie infra ecclesiam cathedralem Dunblanensem
400 KEIE papers. [1551.
habenteni, diligenter examinatuni in scientiis, moribus et aliis requisites, ydoneuni et habilem repertum, per nostrarmn nianuum inipositioneni, ad sacrum subdiaconatus ordinem rite et canonice duxirnus promouendum, eundernque prornouinius : In cuius rei testimonium presentibus, manu notarii nostri pro tempore subscriptis, signetum nostrum est affixuni, apud Jedbrught, decimo quarto die mensis Martii, anno Domini millesimo quingentesimo quinquagesimo, et nostre consecrationis anno nono.
Magister Jacobus Skeyn notarius publicus, de mandato predicti reuerendi patris.
Renunciation by Mr. Abraham Creichtone, Provost of Dunglas, &c, of his right to the Chaplainry of St. Mary, within the Cathedral Church of Dunblane, 7th December 1551.
178. In Dei Nomine, Amen: Per hoc presens publicum Instrumentimi cunctis pateat euidenter, quod anno Incarnationis Dominice millesimo quingentesimo quinquagesimo primo, mensis vero Decembris die septimo, indictione decima, pontificates sanctissimi in Christo patris et domini nostri, doniini Julii diuina prouidentia pape tertii, anno tertio : In mei notarii publici et testium subscriptorum presentia, personaliter consti- tutus, Magister Abrahame Creichtone, Prepositus de Dunglas ac Officialis Sanctiandree infra Archidiaconatum Laudonie, pretendens se habere jus ad capellaniam perpetuam Diue Virginis Marie infra ecclesiam cathech'alem Dunblanensem fundatam et situatam, vigore cuiusdam asserte signature a sede apostolica desuper obtente per eum ; dixit quod noluit dominum Willelmmn Blakwod capellanum, in pacifica possessione et gauisione dicte capellanie quam prius canonice obtinuerat, quouismodo molestare : Propiterea, proprio motu et spontanea voluntate, non vi aut metu ductus, nee eompulsus aut coactus, vel fraude circumuentus, omnibus melioribus, modo, via, jure, et forma, quibus melius et efficatius potuit et debuit, publice et expresse renuntiauit huiusmodi signature per ipsum vt asseruit obtente ; necnon appellationi seu appellationibus de- super ad sedem predictam interposite seu interpositis contra eundem dominum Willel- mum, occasione eius capellanie prenominate ; necnon assertis intimationi et notifica- tion!, seu notificationibus et intimationibus appellationis et appellationum huiusmodi, ac citationi et citationibus, dictum dominum Willelmum eo pretextu, atque etiam juri, liti, cause, actioni, proprietati et possessioni quod seu quas habuit habet seu habere potuit seu potest ad sepefatam capellaniam, vigore huiusmodi signature aut alio quocunque modo, promisitque mihi notario publico subscripto, stipulans vice et nomine omnium et singulorum quorum interest, recipiens se contra dictam renuntiationem, nun-
2549 1 CHARTERS, ETC. 401
quani per se, vel alium seu alios, clirecte vel indirecte, publice vel oculte, quouisquesito colore vel ingenio, deuenire, sub penis in jure desuper contentis : Super quibus omnibus et singulis, prelibatus dominus Willelmus, a me notario publico subscripto sibi fierii petiit instrumentum seu instrumenta : Acta erant hec in ecclesia Beati Egidii de Edin- bui'cb, loco consistoriali eiusdem, die septimo mensis Deeeinbris, anno Domini millesimo quingentesimo quinquagesimo primo, hora duodechna in meridie vel eoeirca, coram bis testibus, Magistro Johanne Spens, Thoma Hart, Magistro Alexandro Drummond, Jacobo Cheisbolme, Domino Edmondo Cbeisbolme, et Georgio Melros, testibus ad premissa vocatis pariterque rogatis.
Et ego Andreas Blalrwod, clericus Sanctiandree diocesis, publicus sacra aucto- ritate apostolica notarius, &c. Andreas Blakwod.
Charter by the Dean and Chapter of Dunblane to James Stryueling of Keir, of the lands of Auchynby, 23rd March 1549.
179. Omnibus hanc cartam visuris vel audituris, Willelmus Gordoun Decanus, et Capitulum ecclesie cathedralis Dunblanenses, Salutem in Domino sempiternam : Noueritis nos, unanimi consensu et assensu, ad hoc capitularitei congregati, matura deliberacione ac longo tractatu prehabitis, vtilitateque et commodo nostris et dicti nostri capituli vndique preuisis pensatis et consideratis, et presertim in augmentacionem nostri rentalis hu- jus nostri capituli annuatim ad summam tresdecim solidorum et quatuor denariorum monete vsualis regni Scotie, plusquam vnquam terre subscripte nobis aut predecesso- ribus nostris antea persoluerunt ; necnon pro incremento policie infra regnum Scotie, ac aliis iustis rationabilibus causis ad hoc nos impellentibus, cum expressis consensu et assensu reuerendi in Christo patris et domini, domini Willelmi Dunblanensis Episcopi, dedisse, concessisse, locasse, et ad feodifirmam seu emphiteosim hereditarie dimisisse . accedente ad hoc consensu summi pontificis, honorabili viro, Jacobo Stryue- ling de Keir, suis heredibus et assignatis quibuscunque, totas et integras terras nostras de Auchynby cum pertinenciis, annesis et connexis, nobis decano et capitulo antedictis pertinentes, jacentes infra vicecomitatum de Perth, et seneseallatum de Stratherne, inter terras de Langrig ex boreali et orientali, pratmn et terras de Kippendavy ex australi, ac terras vulgo nuncupatas Drmmnagone ex occidentali partibus. Tenendas et ha- bendas totas et integras terras nostras predictas . . . prefato Jacobo Striueling et suis heredibus et assignatis quibuscunque, de nobis et successoribus nostris, in feo- difirma seu emphiteosi hereditarie imperpetuum . . Soluendo inde annuatim
402 KEIR papers. [1550.
. nobis et successoribus nostris, decanis et capitulo Dunblanensibus, pro tem- pore existentibus . . . sunmiani quadraginta solidorum rnonete usualis regni Scotie, sicut prius ante confectioneni presentimn nobis et predecessoribus nostris . persolutmn extiterat : Necnon tresdecim solidos et quatuor denarios dicte monete in augmentuni nostri rentalis plusquam vnquam prius persoluerunt; extendentes annuatim ad sumniani quatuor mercarum temporibus futuris, ad duos anni terminos, festa videlicet Penthicostes et Sancti martini in hyenie, per equales porciones, nomine feodifirme distribuendam, domino Willelmo Drumnionde sacriste dicte ecclesie cathe- dralis et suis successoribus sacristis ejusdem . . . Eeseruatis tamen nobis decano, capitulo, et successoribus nostris, necnon prefato reuerendo patri, et suis successori- bus Episcopis Dunblanensibus, ac etiam presbiteris, ciuibus et incolis ciuitatis Dun- blanensis, et omnibus inhabitantibus eandem, et infra easdem, communibus et liberis introitu et exitu ac passagio, viis sufficientibus in longitudine et latitudine, absque obstaculo et impedimento quibuscunque, pro jiredictis terris, ad vehendum et ducendmn, per bigas, trahas, seu vulgariter wenis et cairtis, focalia, videlicet, petis, turffis, haddir, lapides, ligna, lie duffettis, falis, et quecunque alia pondera portabilia ad ciuitatem Dunblanensem, seu alibi, vbi opus fuerit, ad eoruni libitum ... In cuius rei testimonium, sigillum commune dicti nostri capituli ac sigillum rotundum prefati reuerendi patris, in signum sui consensus, vnacum nostris subscriptionibus manualibns, presentibus sunt appensa, apud ciuitatem Dunblanensem, die vicesimo tertio mensis Martii, anno Domini millesimo quingentesimo quadragesimo nono, coram his testibus, Magistro Malcolmo Clieisliolme, Willelmo Blakwod.
Jacobus Kennydy Chancellarius Dunblanensis. Jacobus Wilson Rector de Glcndoun. Willelmus Episcopus Johannes Hamylltoun Prebendarius de Kippan.
Dunblanensis. Georgius Wawane Archidyaconus Dunblanensis.
Jacobus Blakwod Subdecanus Dunblanensis.
\_Dorso.~] Producta 12 Junii 1576 coram Andrea Episcopo Dunblanensi.
Gkant by John Hammiltoun of Pardowy, with consent of his curators, to James Striueling of the Keir, of the ward of Balkindrochit, 7th May 1550.
180. Be it kend till all men be thir present letteris, me, Johne Hanuniltoune of Pardowy, with avis and consent of Johne Colquhoune of Lwss, and Maister James Colquhoune persone of Lwss, my curatouris ; my vtilite and proffeit afoir seine, in maner following ; That becawss ane honorable man, James Striueling of the Keir, havand the ward non-
1551.] CHARTERS, ETC. 403
entres of the landis of Pardowy, and the lairdschip of the samyn, togidder with my
manage, and dowbling of my tochir, be ressoun that I niariat, by the avis of the said
James, superior of the saidis landis and lardschip of Pardowy, lies infeft and enterit me
to the foirsaidis landis and lardschip of the samyn be particular preceptis for saising, as
air to my vmquhile fader, guclschire, grantschire, and foirgrandschire, and hes remittit
to me the proffeit that he mycht haue had of my mariage, and dowbling tharof, with
the proffeit of certane ward landis of Pardowy, induring my lessaege, and is oblist to
content and pay to me the sovme of fyfe hundreth merkis, gude and vsuale money of
Scotland, and siclike is obliste to warrand and releif me of the zeirlie sustentatioun of
the airis of Ballindrocht, as at niair lenth is contenit in ane contract maid betuix the
said James and me, with consent of my saidis curatouris, off the dait, at Cadder, the
last day of Nouember, the zeir of God I™ V? and fourty nyne zeris : Tharfor, and for
the cawsis afoir expreniit, I, with consent of my saidis curatouris, hes gifiin, grantit
and disponit, and be the tennour of thir presentis, giffis, grantis „and disponis to the
said James Striueliiig of the Keir, his airis and assignais, the ward, relief, and non-
entres of fyfe pund land of Balkindrocht, fyfe pund land of Hawistoun, fyfe pund land
of Bloquhame and Boghowss, and the fyfe pund land of Bankell and Kirktoun, with
the pertinentis, quhilk pertenit to vmquhile Androw Striueling of Ballindrocht, here-
tabillie haldin be hym of vmquhile Alane Ilammyltoun of Pardowy, my fader, Hand
within the shirefdome of Striueling, and pertenand to me throw the deceis of the said
vmquhile Androw : Togidder with the mariage and manages of Jonet and Marioun
Striuelingis, dochteris and airis to the said vmquhile Androw, or ony vther air or airis,
maill or famell, that sal happin to succeid to the said vmquhile Androw ... In witnes
herof, I haue subscriuit thir presentis with my hand, togidder with the subscriptiounis
manualis of my saidis curatouris, in takin of thar consentis herto, and hes affixit oure
selis to this samyn, at Glasgow, the sevint day of Maii, the zeir of God I™ Vc. and
fyfty zeris, befor thir witnes, William Menteith, William Striueling, Dauid Watsoun,
Maister Johne Hammiltoun.
Jhone Hajitlton of Bardowe.
Jhon Colquhon of Lwss.
Master Jamyss Colquhon Parsone of Luss.
Decree Arbitral by William [Chisholme] Bishop of Dunblane, between James Striueling of the Keir and Robert Calbreth, 7th May 1551.
181. At Edmburght, the vii day of Mali, the zeir of God I? Vc. and fifty ane zeris : It is appoinctuat aggreit and finalie concordit betuix honorable men, James Striueling of the
404 KElE papers. [1551.
Keir on that ane pairt, and Robert Calbreth, cessionar and assignay to vniquhill Maister Robert Calbreth, persoun of Spot, on that tother pairt, of the malis, fermes, proffettis, and deweteis of the landis and rnanis of Ballindrocht, the landis of Hawistoun, the landis of Blocpaharne, the landis of Bankell, Kirktoun of Ballindrocht, wyth the millin thairof, the landis of Boghows, wyth the millinis, fischeingis, tennentis and tenendreis of the samyn : Anent the rycht of the saniyn of the Witsonday terme in the zeir last bipast, and all rycht. titill of rycht, that the said Robert hes or may haue for the foir- saidis landis and gift thairof, and all termes following the said Witsonday terme ; bayth the saidis pairties referrit thame to the ordinans and decreit of ane reuerend father in God, William Bischop of Dunblane, quhay acceptit the said mater apoun hyme ; and decernis and decreitis that the said Robert sail renunce and ourgif all rycht and titill of rycht, petitour and possessour, that he hes or may haue, be ressoun of the said gift of the foirsaidis landis, in fauour of the said James Striueling and his airis, to the effect that the said James Striueling and his airis intromitt wyth all fermeis, malis, prof- fetis and dewieteis of the saidis landis of the Vitsonday terme, and all termes following, frelie, wythout ony molestatioun of the said Robert or ony vtheris : For the Ojiihilkis the said James Striueling of the Keir sail content and pay to the said Robert the sovme of ix scoir markis vsuall money of Scotland, that is to say, fife scoir markis betuix this and the xv day of Maii instant, and four scoir markis betuix that and the terme of Martimes nixt thaireftir, in full and compleit payment of the saidis ix scoir markis : And ordinis gif the said Robert hes tane vp ony malis or deweteis of the saidis landis for the last Witsonday terme, the samyn salbe allowit to hyme in pairt of payment of the last four scoir markis sa far as the samyn sail reik to ; and resseruis to the said Robert his actioun and rycht that he hes contrar the tenentis and possessouris of the saidis landis of all malis and dewiteis awand to hym befoir the said last terme of Wit- sonday, to call and perse w thame befoir ony juge or jugis as the said Robert thinkis expedient : And this we pronunce and for finall sentence geifiis : In witnes herof we haue subscriuit thir presentis, day, zeir and plaice foirsaidis, befoir thir witnes, James Cheisholme of Cromlilkis, Maister James Kenedy Chancellar of Dunblane, Johne Morisoun and vtheris diuers.
1552.] CHARTERS, ETC. 405
Letter of Keversion by William [Chisholm] Bishop of Dunblane and Helen Stryueling, to James Striueling of the Keir, of the lands of Beirholnie, 1552.
182. To all and sindry quhome it efferis quhais knawlege thir present letteris sail cum, Williame, be the mercie of God Bischop of Dunblane, and Elene Stryueling dochtir fowbegottin to ane honorable man James Striueling of the Keir, Greting in God euerlesting. Wit zour vniversiteis, that albeit ane honorable man, the said James Striueling of the Keir, hes sauld and analiit till vs the said reuerend fader in frank- tenement or lifrent, for all the dais of our liftime, and to me the said Elene in fe and heretage, and to my aris and assignais quhatsumeuir, and that for the luf and fauour that the said reuerend fader hes towartt me the said Elene, and for ane certane sowine of money be him pait and deliuerit afoirhand to the said James Striueling my fader, all and haill his three mark land of Beirholnie, with the pertinentis, Hand within the shirefdome of Perth, and barony of Keir, be annexatioun and ineorporatioun, like as the charter and euidentis maicl to vs be the said James Striueling thairupone mair fullelie proportis : Neuertheles we the said reuerend fader, and I the said Elene Striueling in persoune, and with consent of Maister James Kennedy, Chancellar of Dunblane, my tutour, gevin to me in jugement, as the act maid thareupone proportis, will and grantis and lelelie and treulie bindis and oblissis vs, the said reuerend fader franktenementar of the saidis landis, and me the said Elene fear of the samin, my airis and assignais, be the fayth and treuth in our bodeis, that quhat tyme or howsone it sal happine the said James Striueling his airis or assignais, vpone fourty dais warnyng of befoir, othir personalie or at our duelling place, or at our paroche kirk in tyme of hie mess vpone ane solempne day, opinlie to warne vs the said reuerend fader frank- tenementar of the saidis landis, and eftir our decess me the said Elene, my tutouris, curatouris, airis, or assignais, to cum to the Cathedrall kirk of Dunblane, and thair vpone our Ladie altare situate within the samin, vpone ane day, betuix the sone rising and toganging of that ilk. contentis and pais to vs the said reuerend fader, frank- tenementar of the saidis landis during our liftyme, and eftir our decess, to me the said Elene Striueling, heretour of the saidis landis, my tutouris, curatouris, airis or assignais, the sowme of thre hundreth pundis gude and vsuall money of this realme, togidder in ane haill sowme numerat and tauld money ; in that cais we the said reue- rend fader, and I the said Elene Striueling my tutoims, curatouris, airis or assignais, quhilkis of vs the said reuerend fader during our liftyme, and me the said Elene my tutouris, curatouris, airis or assignais that beis warnit and hapnis to ressaue the said sowme sail othir personalie, or be our lauchfull procuratour purelie and simplie
3 F
40G KEIR papers. [1552.
renunce resigne, quitclame and ourgif in the said James Striuelinges handis his airis or assignais, all and haill the saidis landis of Beirholme with the pertinentis, togidder with chartir, sesine, and all other euidentis maid and gevin to vs thairupone, with all rycht, titill of richt, petitore, possessour, clanie, propirte and possessioune quhilkis in and to the saidis landis we haue, hes or may haue in tyme to cum ... In witnes of the quhilk thing to thir present letteris of reuersioun, subscriuit be vs the said reuerend fader, and be the hand of the said Maister James Kennedy, tutour to me the said Elene, our propir seillis ar appendit, at Dunblane, the day of
the zeir of God, ane thousand five hundreth and fiftitua zeris, befoir thir witnes, Schir Williame Blakwod, Andro Blakwod, Nikke Baxtar, Johnne Mahte.
William, Bischop James Kennedy,
of Dunblane. Chancellar of Dunblan.
Letter of Beveksion by William [Chisholme] Bishop of Dunblane and Jane Striue- ling, to James Striueling of the Keir, of the lands of Kippendavy, 1554.
188. To all and sindrie quhome it efferis quhais knawlege thir present letteris sail cum, Williame, be the mercie of God Bischop of Dunblane, and Jayne Striueling, dochter fowbegottin to ane honorable man James Striueling of the Keir, Greting in God euer- lesting : Wit zour vniuersiteis, that albeit the said James Striueling of the Keir, hes sauld and annaliit till vs, the said Beuerend fader in franktenement or lifrent for all the dais of our liftyme, and to me the said Jayne his dochter, in fee and heretage, and to my airis quhatsumeuer, and that for the luf and fauour that the said reuerend fader hes towart me the said Jayne, and for ane certane sovme of money be him pait and deliuerit afoirhand to the said James Striueling my fader ; All and haill his landis of Kippendavy, with thair pertinentis, Hand within the shirefdome of Perth, likeas the charter and euidentes maid till vs be the said James thairupone mair fullelie pro- portis ; Neuirtheles we the said reuerend fader, and I the said Jayne Striueling in persone, and with consent of Bobert Lermonth, cietinar of Dunblane, my tutour, gevin to me in jugement, as the act maid thairwpone proportis, will and grantis, and lelelie and trewlie bindis and oblisis vs the said reuerend fader, franktenementar of the saidis landis, and me the said Jayne, fear of the samin, my airis and assignais, be the fayth and treuth in our bodeis, that quhat tyme or howsone it salhappin the said James Striueling, his airis or assignais, vpone fourty dais warnyng of befoir, other personalie, or at our duelling place, or at our paroche kirk in tyme of hie mess vpone ane solempne day, openlie to warne vs the said reuerend fader franktenementar of the foirsaidis
1553.] CHARTERS, ETC. 407
landis ; and eftir oui' decess, me the said Jayne, my tutouris, curatouris, airis or assig- nais, to cum to the Cathedrall kirk of Dunblane, and thair vpone our Lady altare, situate within the saniin, vpone ane day betuix the sone rising and to ganging of that ilk, contentis and pais to vs the said reuerend fader, franktenementar foirsaicl, during our liftyme, and eftir our deces to me the said Jayne Striueling heretour of the saidis landis, my tutouris, curatouris, airis or assignais, the sowme of ane thousand markis gude and vsuale money of this realme togidder, in ane haill sowme, numerat and tauld money ; in that cais, we the said reuerend fader, and I the said Jayne Striueling my tutouris, curatouris, airis or assignais that beis warnit and hapnis to ressaue the foir- said sowme, sail other personalie, or be our lauchfull procuratour, purely and simplie, renunce, resigne, quitclame and ourgeve in the said James Striuehngis handis, his airis or assignais, all and haill the saidis landis of Kippendavy, with thair pertinentes, togidder with charter, sesyng, and all other euidentis maid and gevin till vs thairupone, and with all rycht, titill of richt, petitour, possessour, clame, properte and possessioun quhilkis in and to the foirsaidis landis, with the pertinentis, we haue, hes, or may haue intymetocum . . . Inwitnesof the cpihilk thing, to thir present letteris of reuersioun subscriuit be vs the said reuerend fader, and be the hand of the said Robert Lermonth, tutour to me the said Jayne, our propir seillis ar appendit, at Dunblane, the day of in the zere of God 1 ™. V" and fiftifour zeiris, befoir thir witnes.
Williame, Bischop of Dunblane. Robert Lerjiontii, with my hand.
Confirmation by the Depute of Archibald Earl of Argyll, Justice- General of Scotland, of a charter of the Barony of Keir, in favour of the deceased John Striueling of Keir, 28th May 1553.
184. Joannes Campbell de Lundy, miles, Justiciarius Deputatus nobilis et potentis domini, Archibaldi Comitis Ergadie, Domini Campbell et Lome etc., Justiciarii Generalis supreme domine nostre Regine totius regni sui vbilibet constituti ; vniuersis et singulis ad quorum notitias presentes litere peruenerint, Salutem. Sciatis quod comparuit co- ram nobis, in curia itineris Justiciarie dicte supreme domine nostre Regine vicecomi- tatus de Perth, tenta et inchoata in pretorio burgi de Perth, vicesimo octauo die mensis Maii, anno domini millesimo quingentesimo quinquagesimo tertio, Jacobus Striueling de Keir, et ibidem ostendebat cartam, factam per quondam nobilissimum principem Jacobvmi quartum Dei gratia Scotorum regem, quondam Joanni Striueling de Keir, patri dicti Jaeobi, de omnibus et singulis terris subscriptis, viz. terris de Keir,
408 keir PAPERS. [1554.
cum turre et manerio, niolendinis fullonuin et granorum, et lie cruvis earundeni, terris de Lupnow, cum piscariis earundem, terris de Strowe, cum molendino earundem, terris de Dawachlownane, terris de Reterne Striueling, alias Coygis de Strathalloun, nominatis Classingallis, Schanrow, le Westir Coyg, le Welcoyg, Bereholme, le Litilcoyg, le Waist- poffill, cum molendino de Coygis, et terris de Glenty, cum omnibus suis pertinentiis, tenentibus, tenandriis, et liberetenentium seruitiis, aduocatione et donatione capella- niarum et harmitage de Lupnow, jacentibus intra Ticecomitatum de Perth, vnitis, creatis, annexatis et incorporatis in vnam meram et liberam baroniam, perpetuis futuris tem- poribus, Baroniam de Keir nuncupandam ; et tenendam in libera alba firma qualiter- cunque temporibus retroactis tente fuerunt ; reddendo inde annuatim dictus Joannes Striueling et beredes sui in dicta carta contenti prefato quondam Jacobo regi et suis successoribus, vmvm par calcarium deauratorum apud dictam turrem de Keir, in festo Penthecostis, nomine albe firme si petatur tantum ; prout in dicta carta, de data apud Edinburgh, deeimo die mensis Septembris, anno domini millesimo quingentesimo tertio, et regni dicti Regis deeimo sexto, latius continetur. Quamquidem cartam de mandato nostro in iudicio, perlectam et exaniinatam, admissimus, ac omnia et singula in eadem contenta, ratificamus et approbamus. In cujus rei testimonium presentibus, manu Magistri Joannis Bellenden de Auchnoule, clerici iusticiavie dicte supreme domine nostre regine generalis, subscriptis, Sigillum officii iusticiarie est appensiun, anno, die, mense, et loco, prescripts.
Seal : On a Shield the Royal Lion of Scotland within a double tressurc flory counterflory, sui'mounted by an Imperial Crown : Circumscription ' Sigil. Ivsti. ' S.D.N. Regi. Ex. Par. Bor. Aq. de For.'
Instrument of Assignation by William Earl of Montros, to James Striuiling of Keir, of all right of action he had against the tenants of Boquharragis, 9th May 1554.
185. In Dei nomine, Amen. Per hoc presens publicum Instrumentum cunctis pateat
1554.] CHAETEES, ETC. 409
evidenter, quod Anno Inoarnationis Dominice millesimo quingentesiino quinquagesirno quarto, mensis vero Maii die nono, indictione duodecima, pontificatus sanctissimi in Christo patris et domini nostri, domini Julii drama prouidentia pape tertii, anno quinto: In mei notarii publici et testiuni subscriptorum presentiis, personaliter constitutus nobilis et potens dominus, Willelmus Conies de Montros, Dominus G-raharne, non vi aut metu ductus, nee errore lapsus, aut aliqua sinistra machinatione circumuentus, sed ex eius spontanea voluntate, vt apparuit ; omnibus melioribus modo, via, jure, causa et forma quibus melius et efficacius potuit et debuit, potestque et debet; fecit, constituit, creauit, nominauit et solemniter ordinauit, prout tenore presentis publici instrument!, facit, con- stituit, creat, nominat et solemniter ordinat honorabilem virum, Jacobum Striueling de Keir, suum verum legittimum, indubitatum et irreuocabilem cessionarium, donatarium et assignation, in et ad actionem siue causam quam idem dominus comes habet et mouere potest contra tenentes et occupatores terrarum de Boquharragis, jacentium infra vicecomitatum de Striueling, et coniitatum de Levenox, pro violenta occupatione huius- cemodi terrarum, a festo penthecostes vltime post datam presentium elapso ; trans- ferrendo et transportando omne jus suum et juris titulum, quod seu quern habet, habuit, seu habere poterit in futm-um, in et ad huiusmodi causam siue actionem, et quascumque summas eo intuitu recuperandas, in memoratum Jacobum et suos heredes, sui-rogando et substituendo eundem suosque heredes in locum suum, tamquam in rem propriam : Dans et concedens eisdem suam plenariam potestatem, tenentes et occupatores seu eorum aliquem, prout sibi videbitur expediens, pro prefata iniusta et violenta occupa- tione et possessione terrarum prescriptarum, coram quibuscunque judicibus competen- tibus, conueniendi prosequendique, cum fructibus recuperandis intromettendi plenarie disponendi, componendi, quieteclamandi, exonerandi, ceteraque omnia in premissis necessaria faciendi, gerendi et exercendi que in premissis necessaria fuerint, in vberiori forma, et secundum tenorem et formam cuiusdam decreti, lati et promulgati per honorabiles viros, Magistrum Johannem Ballenden de Auchnowyll, et Magistrum Jacobum Makgyll, burgensem de Edinburch, inter memoratos nobilem dominum et Jacobum dominum de Keir : Preterea idem nobilis dominus omnes et singulas sepefatas terras de Boquharragis, cum suis pertinentiis, in manibus prelibati Jacobi Striueling, tanquam in manibus domini superioris earundem terrarum, per fustim et baculum, ad perpetuam remanentiam, sursum reddedit, ac pure et simpliciter resig- nauit : Super quibus omnibus et singulis, prefatus Jacobus Striueling dominus de Keyr a me notario publico subscripto sibi fieri petiit instrumentum seu instrumenta : Acta erant hec infra locum dicti nobilis domini de Kincardin, hora tertia post meri- diem vel eo circa: Presentibus Wilelmo Striueling fratre germano Jacobi Striueling
410 KEIR papers. [1556-57.
de Keyr, Jacobo Grahaine in Duchaly, Duncano Forester, testibus rogatis et requi- sitis ad premissa.
Et ego Wilelnms Blakwod Dunblanensis diocesis presbyter, sacra autoritate apos- tolica, Notarius publicus, etc. Willelmus Blakwod Notarius Publicus.
Obligation by Walter Grahaine to James Striuiling of the Keir, 30th April 1556.
186. Be it kend till all men be thir present letteris, me Walter Grahaine : That forsamekyll as ane rycht honorabyll man, James Striuiling of the Keir, hes heretabilly infeft me and Margaret Striuiling his sister, my spous, be cherter and sesing, in all and hayll his five merkis worth of land of Brokland Kylloch of auld extent, now occupeit be McGrever, and , lyand within the Stewertry of Menteith and Shireffdoni
of Perth, to be heldin of our souerane lady the querns grace and hir successouris ; Her- foir I byndis and oblisis me, myne airis and assignais, to get and optene in all gudely haist, our souerane ladeis confirmatioun vpon the said James cherter of alienation maid to me and the said Margeret my spous, in and vpon all and hayll the forsaid fife merkis worthe of land ; and als sail optene bryng hame and deliuer to the said James his airis or assignais, ane sufficient letter of regress for redemptioun and outquiting of the saidis landis fra the saidis Walter and Margeret, efter the forme and tenor of thair letteris of rauersioun geven to me thairvpoun ; and als byndis and oblisis me to seill and subscriuo the saidis letteris of reuersioun, and to caus my said spouss seill and sub- scriue the samyn : In witness hereof I haif subscriuit this my obligation with my hand at the pen of the Noter vnderwrittin, at Dunblane, the lest day of Aprile, the zere of God 1" Vc. and fifty sex zeris, befor witnes, ane honorabill man William Striuiling of Ardoch, Schir Andro Lauder, and Schir Alexander Andersone, Cheplennis of the Queir of Dunblane.
Walter Grahame with my hand at the pen of Robert Lermonth Notar publict. Ita est Robertus Lermonth Notarius Publicus manu propria.
Tack by William [Chisholme] Bishop of Dunblane and the Chapter, to Jane Cheisholme, spouse to James Striueling of the Keir, of the teinds of the lands of Rathernis, &c, 12th May 1557.
187. Be it kend till all men be thir present letteris, Vs Williame be the mereie of God Bischop of Dunblane, with expres consent and assent of the cheptour of our cathedrall
1557.1 CHARTERS, ETC. 411
kirk of Dunblane, cheptourlie gadderit, mature deliberatioun thairupone preceding, the vtilite and proflite of vs and our successouris preuidit and considerit, to haue sett and in assedatioune lattin ... to ane honorable gentill women, Jayne Cheishobne spous moderne to ane nobill man, James Stryueling of the Keir, and to the said James, and ane air gottin or to be gottin betuix thame, and to the langast levar of thame, for all the dais and zeiris of thair lyftymes ; quhilk air failzeand and nocht suecedand to the said James eftir him, to ane aire quhatsunieuir immediathe suecedand to the said James, for all the dais and zeiris of the samin airis liftyme alanerlie ; quhilk failzeing to returne to vs and our successouris; all and haill our teind schevis of the landis and townes of Ra- thernis, Buchaldy, Ouer Keir, Auld Keir, Cammebank, Eeidheucht, Mylnlandis, Forester landis, Edmondis landis, Mossland and all and sindrie outsettis, pendiclis, and pertinentis of the saidis landis, Hand within the parochin of Dunblane ; for all the dais of thair liftymes successiue as is abone expremit, thair entres thairto begynnand at the day of the dait of thir presentis : To be haldin . . . of vs and our successouris, and the samyn to be led, set, vsit and disponit be thame and ilkane of thame respectiue et successiue as thai sail think maist expedient : Payand zeirlie thairfor . . . to vs and our suc- cessouris, fourty pundis gude and vsuale money of Scotland, at tua termes in the zeir, Candilmes and Midsomer, be equall portionis allanerlie ... In witnes of the quhilk to this present assedatioun, contenand our precept of sasine thairintill, subscriuit be vs and our cheptour, our round seill, togidder with the commoun seill of our chep- tour ar appendit, at Dunblane, the tuelft day of Maii, the zeir of God ane thousand five hundreth and fifty seven zeiris, befoir thir vitnes, Schirris Williame Blakwod,
Johnne Lermonth chaplanis.
W. Bischop of Dublane.
M. Rogerus Gordoun Decanus Dunblanensis.
M. James Kennedy Chancellar of Dunblan.
M. "VYillelmus Murray Thesaurarius Dunblanensis.
Dns. Edmundus Cheisholme Subdecanus Dunblanensis.
Andreas Stretenry Prebendarius de Monye.
Johannes Forffar Canonicus Dunblanensis.
Guillelmus Schaw Canonicus Dunblanensis.
Grant by Queen Mary to James Striuiling of Keir, and Jonet Cheisholme his spouse, of the half lands of Inneralloun, 21st December 1557.
188. Maria, Dei gracia Regina Scotorum, dilecto nostro consanguineo, Alexandro Domino Hume, superiori dimidietatis terrarum subscriptarum, Salutem : Quia dimidium totarum
412 KEIR papers. [1557.
et integrarum terrarum de Inneralloun, cum dimidio molendini, terrarum molendina- l'iarum, et dimidio piscationis eiusdem super aqua de Forth, jacentiuni infra vicecorai- tatum nostrum de Striuiling, quod quondam Johanni Hume de Hutounhall sue vite tempore hereditarie pertinuit, per ipsum de te, dicto nostro consanguineo, immediate tentiun, jam in manibus nostris deuenit, et nobis ratione eschaete, per priuilegium nostre corone ac iura regni nostri pertinet ; ratione quod dictus quondam Johannes Hume bastardus natus fuerat, bastardusque decessit absque legitimis heredibus de corpore suo procreatis, et absque legitima dispositione, per ipsuni in vite sue tempore facta de suis terris et bonis predictis : Et nos volentes quod tu, prefatus noster consanguineus, in tua superioritate dictarum dimidiarum terrarum. dimidii molendini et dimidii piscationis de Inneralloun cum pertinentiis minime lesus sis, nee quod nullum preiudicium tibi in eisdem generetur ; dilectos nostros Jacobum Striuiling de Keir et Jonetam Cheis- bolme suam sponsam, in tenentes tibi earundem tenore presentium presentamus ; te, dictum nostrum consanguinemn requirentes, eos et eorum alterum diutius viuentem in coniuncta infeodatione, et heredes inter ipsos legitime procreatos seu procreandos, quibus deficientibus heredes dicti Jacobi quoscunque, in totis et integris predictis dimidiis terris de Inneralloun, dimidio molendini, terris molendinariis, et lie sueken huiusmodi, ac imilturis eiusdem, vnacum dimidio piscationis earundem super dicta aqua de Forth, cum omnibus suis pertinentiis, per cartam et sasinam in debita forma here- ditarie infeodare, de te dicto nostro consanguineo et heredibus tuis, simili modo et adeo libere tenendis, ac si memoratus quondam Johannes Hume easdem ante illius deces- sum tenebat : Et presentes literas, per te visas et intellectas, earundem latori reddas : Datum sub testimonio nostri magni sigilli apud Edinburgh, vicesimo primo die mensis Decembris, anno Domini millesimo quingentesimo quinquagesimo septimo, et regni nostri dechno sexto.
Per signaturam manu regine regentis subscript-am. •
Discharge by James Campbell, son and heir of umquhile Dougal Campbell of Blairweok, and his curators, to Sir George Wauane, Archdeacon of Dunblane, 19th February 1557.
189. I James Campbell, sonne and air of vmquhile Dowgall Campbell of Blairweok, wyth consent and assent of Colline Campbell of Archinglas, and Maister Johnne Spens of Condye, my curatouris for thair interes, be thir presentis grantis me to haif ressauit fra the handis of ane honorabill man, William Moncreif, in name and behalf of Schir George Wauane, Archidane of Dumblane, the soume of fouirtene scoir and ten markis
1560.] CHARTERS, ETC. 413
vsuale money of this realme, quhilk wes consingnit in the said Archidaneis handis be ane honorabill man, James Striueling of Keir, in the Cathederall kirk of Dumblane, vpoun the tuentye thre day of Maii, the zeir of God 1™ V". and fyftie sex zeiris, for redemptioun of the fj'fe mark land of Drongy Balfouir, and fyftie schilling land of Bray of Boquhopill, fra me the said James Campbell, as air to my said vniquhile fader ; of the quhilk soume of fouirtene seoir and ten markis money foirsaid, payit and delmirit to me, in name and behalf aboue wryttin, for the caussis aboue expremit, I, wyth con- sent of my saidis curatouris, haldis me weill content and thankfullie payit in nomerit and tauld money, and be the tenour heirof, wyth consent foirsaid, exoneris, qnitclameis and discheirgeis the said Williame, in name and behalf foirsaid, the said Schir George Yfauane, Archidane foirsaid, his airis, executouris, assignais, and all vtheris quhome it effeiris, of the samyn for now and euir ; be this present acquittance, subscryvit wyth my hand, and wyth the handis of my saidis curatouris, in taiken of thair consent and assent foirsaid, at Striueling, the nyntene day of Februer, the zeir of God, ane thow- sand fyif mmdreth and fyftie sevin zeiris, befoir thir witnes, Duncane Forester, Thomas Harte, burges of Striueling, and Johnne Grahame of Ballindorane, notar publict, wyth vtheis diuersis, with Dauid Watsone.
Colin Campbell, Ardkynglass. James Campbell of Blaruiok.
M. Jo. Spens.
Account of the Families of Leny of Leny, and Buchanan of Leny, sent by Robert Buchanan of Leny to the Laird of Keir, circa 1560.
190. Ane sehort informatioun conserning the antiquitie and genealogie of the hous of Lany, namlie, sen the first Buchanan brukit thay land. I thocht it necessar to lat sic nobill men and freindis knaw the same ; and that becaus my compeditour, the Laird of Keir, vsis to say to sindry honest men quhom withe he communicats and speikis of my effaris, tuiching maters in debait betuix him and me, that I am bot ane sobir fallow of base degre knawing bot tuay or thre fallowis of my kin, as he wald say. He regards nocht my kyndnes, nor zit my vnkyndnes, bot estemes thaim bayt to ane small effect. Thairfoir I thocht it gud to lat the matter be vthirways knawin, quhowbeit the hous and leving be brokin at the plesour of God, his fathir and himself being the instru- mentis thairof; zit the freindis of the hous ar nocht decait, prysit be God, bot ar abill to revard thair freind and thair vnfriend as thay deserue at thair hand.
And to witt farder quhat gentill men and barovns the hous of Lany is cumit of, and quhat race of gentilhnen cumit of it, I will do my deligence to sehaw sum of baythe, efter my vnderstanding.
3 o
414 KEIR PAPERs. [1560.
I find in the beginning, the Lanyis of that Ilk hes bruikit that leving without vny infeftment, except ane litill auld sourd, gauin to Gilesicmvir be the King, and ane auld relict callit Sant Fillanis tuithe, quhilke servit thaini for thar chartour quhyle Alexander his dayis ; and than ane Allan Lany, brithir son to the Laird of Lany, marriet the Laird his dochtir, and obteinit the first infeftment of the landis of Lany fra the Kingis handis ; quhilk chartour seruit tham quhile King James the First dayis, and than Johne Buchquhanane, secund sone to the Laird of Buchquhanane, marriet ane Jonat Lany heritrix of that Ilk, and bowir to him sonis and dochtiris. This Johne Buchquhanane wes the Laird of Glengarnoek dochtiris sone. This Jonat Lany that wes hertare wald haue hir bairns callit Lanyis be hir naime, bot thay uer neuer confirmit soe in parliament, nocht the les mony of the surneme ar callit hitherto Lanyis be the commvn peple, bot nocht in evidents or writts : Bot comvnly we ar writtin Buchquhanans alias Lany, except the principalis, quhay ar writtin Buchquhanane of Lany.
This Johnis eldest sone wes callit Andrew, quhay mareit ane gentill woman callit Marian Lokart, dochtir to the Laird of Bar, and me Lord Drumondis dochtir hir mvthir, quhairthrow this house of Lany gat greit kyndnes of me Lord Drumondis hous, and standis to this day.
This Johne Buchquhanans eldest dochtir wes mareit vpon the Laird Makfarlan ; of hir has come the principall race of that surname.
This John obtenit the first infeftment at King James the first hand to Andrew his sone, quhilk is ane fair chartour teilzie, failzeing his airis maill, to the hous of Buchquhanane. This Androw had ane brothir quhay wes the first Buchquhanane in Achinyin, quho oft is cumit the Buchquhananes of Strablane and Kamsie. This Androw had sax or sevin sonis. His eldest sone wes callit Johne, and mariet the Laird Muschetis doctir, quhay bure to him sonis and doctiris. Ane of his doctiris wes mareit vpon the Laird of Garwok, Grahanie, quhairof ar cvmit mony guid branses, as the house of Duncruib, the house of Condy, and sindry vthir gentill men tharabout, quay keipis greit kyndnes to this day to the house of Lany. Ane vthir doctir wes mareit to the Laird of Darlethe bewest Levin, quairof ar cumit sindry guid branchis quhay keipis thair kyndnes to the house of Lany. This Johnis eldest sone wes callit Robert, and he mareit the Laird of Glenegeis doctir, and gat upon hir sonis and doctiris. This Johne, Robertis fathir, that had the mony brethir, ane oft thame wes callit Waltir, and duelt in Boquhastill, quhair his offspring ar zit weill floresit of abill men, and thay ar callit "VValtirs sonis be the common peple. Thair principals are Johne and his sones, "Waltir of Gleny, and Robert Oiche.
1560.] CHARTERS, ETC. 415
This Waltir had sindry doctirs wes niareit vpon sindry gentilbnen in the cuntrey, as the Stewartis in Bvsudder, Mentithis, and Makclachlinis, and Makgregouris callit Inconwitharis ; of this doctir mareit vpon Maklachlen corn the Laird of Kippanross, and sindry vthir branchis.
Ane vthir brothir of Waltirs wes callit George. Ane vthir, Dane Gilbert, Wiccar of Lany. Ane vthir callit Watty, quhay wes Laird of Calinconzeis, quhoin of com Robert Roto and "Watty Dogis barnis, the baroune Achyll, with sindry vther branchis. The race of this Wattie is callit Clan Watty to this day.
To conclude, all thir brethir hes a race comit of thaime, and all thair maill kynd hald the Laird of Lany for thair cheiff, and so dois this Achuyiu, quhayis fathir wes oye to the Laird of Lanyis sone Williame, as is said befoir, with all his maill race, quay ar guidly men.
This Robert that mareit Glenegis dochtir, his eldest sone wes callit Patrik, and mareit the Laird of Fowlatis doctir, Semple, and sho deid without ony maill childrin. This Patrik eftir hir deceis mareit the Laird of Buchquhananes doctir ; scho buir him ane sone and tway doctiris. His sone wes ane gud lyk men callit Waltir, and wes slane be ane sudden misfortoune be David Schaw, eftir thai had been at ane curss of hunting stirve for ane ra. He wes vmnareit and had not successioune, bot he had ane zovng woman of his avin sirname in Cambry, quhay wes with barne quhen he deid of ane gentillman callit Waltir Buchqhanane alias Lany, now duelland in Dunblane.
This Patrik had tway brethir ; ane wes callit Johne, quhay wes slane in the feild of Flowdon without successioune gotten in marige. The zovngest brethir callit Robert, quhay mareit Marion Grahame, the Erie of Mentethis doctir ; the laird of Buchquhananes doctir wes hir mothir ; me Lord Grahame's doctir hir grandam, Lady Buchquhanane ; me Lord Erskine's doctir hir vthir guidame, Countess of Menteith.
To conclude, I Robert Buchquhanane of Lany that ringis now, sone to Robert and Marion Grahame : I am cheif of the avid family of Lany ; quhairof it is weill knauin thair wes alauin knightis, and sauin lairdis, befoir thay war surnaniit Buchquhananis, as is fully schawin in the tree of the house ; and I am air maill and air of talzye to the first infeftment that euir wes taen be ane Buchquhanane oft the landis oft Lany, quhowbeit my titill to the heritage wes provydit be Patrik, my fathir brothir, to my brothir callit Johne, quay deid in Pinge feild, quay wes infeft in the haill leving, the maist pairt in lyfrent, as weill as the left in heritage ; and I now, as air to my brothir, thinkis my kyndnes to be haldin sumpart in effect, according to
416 KEIR PAPERS. [1561
the antiquity befoir writtin, quhilk thocht will reniaine in menis hairts ay quhill the present caiss be reconsallit.
And now I will returne quhow Patrik Buchquhanane had four doctires ; tuay be the first wyfe SempiU, quhay mareit thairnselfis be thair fatheris command ; the quilk tway doctirs the Laird of Keir gat thair richts, be the quhilk rychtis he hes his tytill to the landis of Lany, becaus thay war airis of lyin to thair fathir Patrik. The vthir tuay doctirs gat upon his last wyff wes mareit be thair father vpon gentill- men, ane callit Murray in Grlenammon, quhaime after cum guid succes of abillmen and ringis presently, all guid freindis to the house of Lany. The vthir that wes mareit to ane Alexander Stewart tuik nought sae guid succes.
This papar wes sent to the laird of Keir with the baroune Achy 11.
Contract between James Striueling of the Keir and James Kincaid of that Ilk,
22nd October 1561.
191. At Striueling, the twenty twa day of the moneth of October, the zeir of God l"1 V? and saxty ane zeris ; It is appoynttit and aggreit betuix honorable personis, thai ar to say, James Striueling of the Keir on that ane part, and James Kincad of that Ilk on that other part, in maneir folloving, that is to say : Forsamekil as the said James Kin- caidis forbeares and predacessowres hes beyn tennentes and fre wassellis to the lardes of Bardoven for the tym, of al and hail the landes of Kincades and Kinkel, with the tower, mans, zardes, millis, and milland, mwlteris and sequelis thairof, with thair par- tinentis, extending to fyif pwnd land of aid extent, hand within the shirefdome of Striueling, haldyn of thaim immediatlie in cheif for the payment of sax penneis zeirlie in name of blanch allanerlie, quhilkes landes the saides lardes of Bardove held imme- diatlie of the said James Striueling of the Keir, and vmquhill Jhon Striueling of the Keir hiis fader, for service of ward and releif : And now it is happynnit that the said James Striueling of the Keir hes conwenit with Jhon Hammiltoun now of Bardowe, and hes satisfeit him for hiis immediat superiorite and entres that he had of the saidis landes, quha resignit the sammyn, with tennandis and tennandrie, and service of fre tennandes, purelie and sympillie be staf and bastoun, in the handes of the said James Striueling of the Keir, as hiis indowtit superior thairof, in the speciall favowres of Williame Striueling of Dochewen, quha incontinent thairefter infeft the said Williame in the saides landes, with tennand and tennandrie and service of fre tennandes, to be haldin of him and hiis aires, als frelie as the said Jhon Hammiltoun of Bardowe held the sammyn of the said James of befor : And now it is conwenit and thocht expedient
J561.] CHARTERS, ETC. 417
be bayth the saides parteis, for the eis and weil of thame bayth, that the said mediat superiorite quliilk now parteinis to the said Williame Striueling salbe cuttit and per- petualie away tayn, swa that the said James Striueling of the Keir and hiis aires salbe onlie iminediat superiouris to the said James Kincaid and hiis aires of the forsaides landes, with towr, mans, zardes, millis, and milland, mwlteris thairof, with thair par- tinence, to be haldin of the said James Striueling in fre tenandrie, for service of ward and releif, als frelie as the said Jlion Hammiltoun of Pardowe held the sammyn of be- for, and with supplement of all faltes bigane. And for the completing thairof, the said James Striueling of the Keir bindes and oblisis him to caws the said Williame Striueling to resing the saides landes, with tour, mans, zardes, millis, niyln land, mowl- teris, sequelis and thair partinence, in hiis handes as superiour thairof, ad perpetuam remanentiam, to the effect that he may infeft the said James Kincaid and hiis aires in all and haill the foirsaides landes, with tower, mans, zardes, millis, myln land, mwlteres, sequelis and thair partinence, for service of ward and releif, in fre propriete perpetualie, and with supplement of all faltes bigane ; quhilk infeftment forsaid the said James Striueling of the Keir bindes and oblisis him and his aires to mak seil subscriue and deliver sufficientlie, in dew form, to the said James Kincaid and hiis aires in all pos- sible haist, to be haldin of the said James Striueling^and hiis aires in cheif, for service of ward and releif : For the quhilk infeftment to be maid as said is, the said James Kincaid of that Ilk sal instantlie efter ressaving thairof renunce all other superiowres of the saides landes, towr, mans, zardes, millis, myln landes, mwlteris and sequelis thairof, with thair partinence, and oblisis him and hiis aires to kald the sammyn of the said James Striueling and hiis aires in maneir abon expremit perpetualie, and als sal renunce all evidentes maid to his forbeares now partenyng to him of the saides landes, with all clame, rycht, titil of ryeht that he may haif thairthrow in tyme cummyng for ever : And als the said James Striueling bindes and oblisis him and hiis aires to war- rand the said James Kincaid and hiis aires at the handes of all other superiowres of the saides landes that may ask or clame rycht thairto : And attour the said Williame Striueling comperand personalie befor the said James Striueling of the Keir, superior forsaid, and resignit and wpgaif all and haill the saides landes, with the towr, mans, zardes, millis, miln landes, mwlteris and sequelis thairof, and thair partinence in hiis handes as superior thairof, for fulfilling of that part of this contract, be staf and bas- toun purlie and sympillie, ad perpetuam remanentiam for ever : And baith the saides parteis beand personalie present, consentit to the acking and registring of this present contrak in the shirefis buikes of Striueling, haifand the strenth of hiis decreit, hiis auc- torite interponit and executoriales to pas heyrupoun in form as efferis : In vitnes heirof
418 KEIR PAPERS. |-1566
bayth the forsaides parteis, and the said Williame Striueling for his part, hes subscribit thir presentes with thair awn handes, zeir, day, and place forsaid, befor thir vitnes, Robert Forestar of Balquhan, Master Patrek Graham persoun of Kilmoyr, Luik Striue- ling, Duncane Forestar of Qwenis Hawch, Jhon Striueling in Strabrok, Robert Kin- caid, Patrik Atkin in Birdstoun, and Master James Blayr, with Jhon Grahm of Baldor- rane and James Oswald notares publick with otheris diuers.
James Stirling of Keir.
James Kyncaid of that Ilk.
William Striuelyng of Dalchlien.
Obligation by Blatthew Earl of Lennoxe, to James Striueling of Keir, Knight,
28th October 1566.
192. We Mathow Erie of Lennoxe, Lord Darnlie, &c, wnderstanding and being remembrit of the trewe and faythfulle counsellis, helpis, sendee, and plesouris done to our darrast fadere, wniqukill Jhonne Erie of Lewenoxe, be wmquhille Jkonne Striueling of Keir Knycht, and to ourself in our minorite and leis age ; and siclike, the guid mynd will and seruice of James Striueling now of Keir, Knycht, towart ws ; and for the sowme of sax hundreth markis wsualle money instantle payt and delyuerit to ws be the said James : We, for our self, our airis, executouris, and assignais, be thir presentis byndis and oblisis ws and thame, and eweryilkane of thame, faythfulle, be the fayth and trewth of our bodeis ; that we, nor nane of thame, sail mowe summondis, actionis or questionis befor quhatsomewer jugis, spiritualle or temporalle, or intend ony maner pley, in the lawe or by the lawe, aganis the said James Stryueling of Keir Knycht, his airis, executouris, or assignais, be wertw of onye contrackis, aickis or obligationis maid betwixe ws and the said wmquhille Jhonne, or infeftmentis of landis maid be him to ws, gif ony wes ; and lewis and renunces all byrun proffettis thairof, bygane and to cum : Attour sail not pursewe the self actiouns, sa lange and ay and quhill the said sowme be contentit and payt agane to the said James, be ws or our successouris, quhilk sowme being repayt to him, his airis or assignais agane, that we and our foresaidis be fre to calle and persewe as we ware before the making of thir presentis : Attour, we will and grantis that thir our letteris salbe of als gret strenth and awaill, and of als effect, as the said contrackis, ackis, obligatiounis, and infeftmentis haid bene parti- culare, singularlie and specialle nominat and expressit ; becaus the samin ar wncer- tane to the said James : In witnes heirof to thir presentis subscryrit with our hand our propir seill is affixt at Glesgow, the xxviij day of Octobare, the zeir of God
1570.1 CHARTERS, ETC. 419
M. Ye. Lxvj zeris, before thir vitnes, Mr. James Blair, Lowrance Neisbit, Robert Blair,
James Striueling, Scliir Williame Todde and Alexander Bargille.
Hec est vera copia principalium literarum, initarum et factarum inter prenominatos
preillustres personas, legitime examinata et scripta per alium scribam, me aliis
necessariis curiis occupato, de verbo in verbum cum originali concordans,
riteque collata per me,
Dauidem Wyle notarium publicum sua manu.
Ratification by King James VI., witb consent of the Regent Lennox, to James Striveling of Keir, Knight, and Jonet Cheisholme, his spouse, of their former gift of the half lands of Inneralloun, 4th February 1570.
193. James be the grace of God King of Scottis, to all and sindry oure juges, ministeris of law, clerkis of oure chancellarie, officieris, lieges and subiectis quhatsmneuir, Greting. Forsaniekle as that sen it is perfytle vnderstand, to ws and oure derrest gudshir, Matho Erie of Levinax, Lord Dernlye, &c. Tutour and Regent to ws, our reakne, and lieges, that our louit James Striveling of Keir, Knycht, and Jonet Chisholme his spous, wer presentit be oure derrest Moder, berand the auctorite for the tyme, be hir presentatioun vnder the testimoniall of the greit Seill, in immediat tennentis of the half landis of Inneralloun, with the half of the mylne, mylue landis, and half fisching thairof vpone the watter of Forth, lyand within oure shirefdome of Striveling ; thane becum in hir handis be the lawis of the realme, and previlege of the croune, be ressoun that vmquhile Johnne Hume of Hutounhall, quhamto the samyn pertenit heretabilly in his tyme, wes borne bastard, and deceissit bastard, without lauchfull airis of his body gottin, or lauch- full dispositioun maid be him thairof in his lyftyme ; to Alexander, Lord Hume, supe- riour thairof, requiring him to ressaue the saidis James and Jonet his spous, and thair airis, in immediat tenentis thairof, and to infeft thame heretabillie thairin ; as the saidis letteris of presentatioun at mair lenth proportis : Evin sa is it vnderstand to ws and oure said derrest tutour and regent, that be vertew of the said presentatioun the saidis James and Jonet his spous hes the just vndowtit richt and title of the saidis half landis, half myln, myln landis, and half fisching thairof, with thair pertinentis, albeit that as zit, (as we ar informit,) the said superiour hes delayit to infeft thame thairin : And thairfoir we and oure said derrest tutour and regent now willing that the saidis James and Jonet be na langer frustrate nor delayit in obtening heretable infeftment of the saidis half landis, half mylne, mylne landis, and half fisching with the pertinentis, according to the tennour of the said presentatioun ; haif grantit and ordinit, and be the tennour heirof grantis and ordinis, that the said presentatioun sail now haif and ressaue
420 keir papers. [1570.
sik full effect and execution, as gif the samin wer direct in oure awin name, nochtwith- standing oure said derrest Moder, in quhais name the samyn is direct, be now deposit, and We justlye and lauchfullie providit to oure crowne and auctorite of this realme ; anent the quhiikis proceedingis thairvpone, we, with avise of oure said derrest tutor and regent, dispensis for ws and oure successoris be thir presentis : And in cais the said lord superiour forsaid refuse to obey and fulfill the said presentatioun and command thairof, thane and in that caiss, we now as thane, and thane as now, be thir presentis command and charge, with avise and consent forsaid, that ze oure clerkis of Chancel- larie direct preceptis and forder charges in oure name, aganis the said superiour, at the instance of the saidis James and Jonet his spous, in dew forme of chancellarie, be the ordour thairof, for causing thame be heretabilly infeft in the saidis half landis, half mylne, niylne landis, and half fisching, with the pertinentis, according to the tennour of the said presentatioun ; and alsua that ze oure saidis Juges gif thame proces, letteris and executioun vsit and requisit in sik caisses thairvpone, siclik and als frelie in all respectis and conditionis, as gif the said presentatioun wer grantit and direct in oure name : Gevin vnder oure signet, and subscriuit be oure said derrest regent, at Striue- ling the ferd day of Februare, and of oure regnne the ferd zeir. 1570.
Notarial Instrument at the instance of James Striueling of Keir against Alexander Lord Home, anent the lands of Innerallone, 9th Feb. 1570.
Apud Castellam Edinburgi, nono die niensis Februarii, anno Domini millesimo quingentesimo septuagesimo, annoque regni supremi domini nostri Regis, quarto, hora quasi dimediata quarte post meridiem, aut eo circa. 194. The quhilk day, in presence of me notare publict and witnesses vnderwritin, comperit personalie James Striueling of Achile, procuratour lauchfullie constitute for ane honor- able man, James Striueling of Keir knycht, qua past to the forzett of the Castell of Edinburgh, within the quhilk ane noble lord, Alexander Lord Home, superiour of the landis vnderwritin, lies his present duelling and remaning, and thair requirit Johnne Raid, ane of the porteris of the said castell, and seruand to the Laird of Grange, now capitane thairof, to suffer and permit the said James, procuratour foirsaid, haue en- terens within the said castell to the said Loird to the effect vnderwritin, and to mak
1570.1 CHARTERS, ETC. 421
aduertissmeut thairof to the said Loird, quha past immediatlie and desyrit the said noble Loirdis ansuer thairupoim ; to quhome the said Loird send his speeiale seruand, Johnne Cranstoun, sone to the glide man of Thirlstane Manis, to gif his ansuer vpoun the samyn, quhilk wes that his Lord, as he wes mformit, wald nocht obey the presenta- tioun vnderwritin : Quhairfoir the said procuratour, seing he culd noeht obtene nor apprehend the said noble Lordis personale presence, he being within the said castell as said is, he thairfoir, efter the forme and tennour of the letteris of presentatioun direct forth of Chaneellarie in Oure Souerane Ladies tyme, requirit his Lordschip, in presence of his said familiare seruand, me notar publict, and witnesses vnderwritin, within the formest foirzett of the said castell, to accept and resaif the said James Striueling of Keir, and Jane Cheishobne his spous in tennendis to him of the landis of Half Inner- ralloun . . . and to infeft thame in coniunctfie thairintill, and the airis lauchfullie gottin, or to be gottin betuix thame, quhilkis failzeing to the said James air-is quhat- sumeuir, be his Lordis charter and precept in dew and competent forme, to be haldin of his Lord and his airis, siclyk and als frelie, as vmquhile Johnne Home of Hutunhall held the samyn of his Lord and his predecessouris of befoir, conforme to the saidis letteris of presentatioun grantit to thame be oure said Souerane Ladie thairupoun, and letteris of dispensatioun grantit now be oure souerane Lord, with consent of his derrest gudesire, Mathew Erie of Lennox, Loird Darnelie, etc. tutour and regent to his grace, his realme and liegies, vpone the foirsaid presentatioun, as the samyn subscrivit be his grace's derrest gudesire foirsaid, and gevin ruder his hienes regnne [sic, sed lege signet,] at Striueling, the ferd day of Februar, 1570, and of his grace's regnne the ferd zeir, and as the said Letter of procuratorie, producit in our pre- sence, in thame selues at niair lenth proportis : And zit as of befoir the said procuratour requirit the said Jhonne Raid, porter foirsaid, to suffer and permit him with me notar publict and witnessis underwritin, to entir fordir within the said Castell, to the said Lordis personale presence, to the effect foirsaid, quha refusit ony way to do the samyn, bot con- stranit the said procuratour, me notar, and witnesses foirsaidis to depart and pass furth at the said foirzett of the said Castell, and wald not suffer ws to entir thairintill agane : And thairfoir the said procuratour deliuerit attentick copies of the saidis letteris of presentatioun and dispensatioun to Cristopher Frude, seruand alsua to the said Loird, in presence of the said Johnne Cranstoun, seruand to the said Loird, quha resauit the samin ; And protestit solemnitlie for forder charges thairupoun, and remeid of law : Quhairupoun he askit instrumentis ane or ma, fra me notar publict vnderwritin : This wes done within the said folter foirzett, and outwith the samin, day, horn-, zeiris, and place respectiue foirsaidis, befoir thir witnessis, Dauid Menteth, Dauid Ramsay,
3 H
422 K-EIR PAPEES. [1570.
seruandis to Johnne Menteith of Kerss, Cristopher Fruid, seruand to tlie said Lord, and the said Johnne Raid, porter, witnessis requirit to the premissis.
Ita est Jacobus Hoppringile, notarius pnblicus in premissis requisites, manu propria.
J. H.
Contract between James Striueling of Keir, Knight, and Robert Hammiltone of
Boghous, 4th November 1570.
195. At the place of Keir, the fcrart day of Nouember, the zeir of God I" V^ thre scoir ten zeiris ; It is appointit and finellie agreit betuix honorable persones, viz., James Striueling of Keir knyckt, on the ane parte, and Robert Hammiltone of Boghous, on that vther part, in maner as eftir followis, that is to say, Forsaniekle as the said James hes payed and deliuered to the said Robert the soume of ane hundreth merkis vsuale money of this realme, at the making heirof, quhairof he haldis him weill contentit, satisfeit, and payed, and thairfoir exoneris, quitclamis and dischargis the said James of the samyn for now and euer ; thairfoir the said Robert hes resignit and ouergeuin, lyik as be this present, for him and his airis, purelie and simplie be staff and bastoun resignis and ouregeuis, all and haill the landis of Boghous, miln and milnlandis of Baldernok, with thair pertinentis, lyand in the shirefdome of Striueling, in the handis of the said James and his airis, as superiouris thairof, ad perpetuam remanentiam : Zit neuirtheles the said James faythfullie promissis, that in cais the said Robert, within thre zeris nixt efter the day and dait heirof, pay and redeliuer agane to him the foiruemmit soume of ane hundreth merkis, and als within the samyn thre zeris gevis and deliueris to him and his airis ane sufficient reuertioime maid in competent and dew forme, selit and subscriued be the said Robert, continand ane certane soume of money to be modifeit be the Abbot of Kilwynnyng and , as for redemptione
and owtquitting of the saidis lands fra him, be the said James and his airis, conforme to ane decreit arbitrall pronunced and geuin be the Lordis of Counsall for redemptione and owtquitting of the landis off Ballindroch, annaleit be vinquhill Thomas C-albrayth, as the said decreit at mair lenth proportis, to entir and put the said Robert in the landis abone nemmit, and he thane to haif full and free regres and ingTes thairto, siclyik as he had befoir the making of the said resignatioun : In witnes of the quhilk thing bayth the saidis parteis hes subscriued this present contract with thair handis, day, zeir and place foirsaidis, befoir tliir witnes, James Striuiling in Striuiling, James Striuiling of Auchyill, Andro Schaw, Jhone Striuiling, and Jhone Muschett, notar publict, with vtheris diuers.
Robert Hamiltoun w* my hand.
1574.1 CHARTERS, ETC. 423
The ferd of Nouember 1570, Robert Haniiltoun maid this resignatioun in the place of Kere, at viii houris befoir nvne, in the lardis handis, quha personalie ressauit the saniyn ; quhairupone he askit instrumentis ; Witness, James Sterling in Sterling, James Sterling of Anchyill, Jhone Sterling, Andro Sehaw, and William McHroy in the park of Keir. J. Muschett, Notarius.
Presentation by Sir James Striuiling of Keir, Knight, to James Striuiling, his Son, of the Chaplainry of St. Mary, within the Cathedral Church of Dunblane, 20th December 1574.
196. Be it kend till all men be thir present letteris, me Schir James Striuiling of Keir, Kny cht, vndoutit patrone of the Chaiplanrie or alterage vnderwreittin, to half gevin, grantit, and disponit, and be the tennour heirof, gevis, grantis, and disponis, to James Striuiling my sone, all and haill the Chaiplanrie of oure Lady altare, sumtyme situate within the Cathedrall Kirk of Dunblane, with all landis, tenementis, and mellis, fructis, rentis, ernolinientis, and dewiteis quhatsumeuir pertening or that rychtuislie may pertene thair- to ; to be possessit, bruikit, josit, intromettit with, vsit and disponit be the said James, for support of his interteinment at the sculis, according to the act of parliament maid thairupoun ; now vacand in my handis, and being at my clispositioun, throw admitting and tynsall of the said Chaiplanrie, ipso facto, be Schir Williame Blaikwod, last Chaip- lane thairof, for his noncomperance befoir the Superintendent or Commissioner of the diocye, to gif his attestatioun of his fayth and obedience to oure Souerane Lord and his auctorite at the tyme, appointit be the act of parliament maid thairupoun, as in the samin act maid thairanent at man lenth is contenit ; with special! power and libertie to the said James to vptak vse and dispone all and sindrie landis, annuellis, fructis, rentis, emolimentis, and dewiteis of the said Chaiplanrie, with all and sindrie coninio- diteis and fredomes thairof, frelie, quietlie, weill and in peax, but ony reuocatioun, obstakill, impediment or agane calling quhatsiuneuir. Requiring heirfore rycht hurnlie, the Lordis of Sessioun to grant and direct letteris in the ftrare formes and vtheris necessir, for causing the said James, now Chaiplane of the said Chaiplanrie, [to quhilk he is] prouidit as said is, [to be] answerit, obeyit and payit of the saidis landis, annuellis, fructis, emolimentis and dewiteis thairof, conforme to the said act of parliament. In witnes of the quhilk thing, to thir presentis subscriuit with my hand, my seill is affixit, at the Keir, the twentie day of December, the zeir of God I™ Vc thre scoir and fourtene zeiris, befoir thir witness, James Sterueling of Auchyle, Johne Sterueling.
James Sterling of Keir K'.
424 KEIR papers. [1580-82.
Contract between Sir James Striueling of Keir, Kuiglit, and William Schaw of
Knokhill, 21st May 1580.
197. At Striuiling, the twenty ane day of Maii, the zeir of God V1 Vs. bras zeiris ; It is appointit betuix ane honorabill man, Schir James Striuiling of Keir knycht, on the ane part, and William Schaw of Knokhill, on the vthir part, equall portioneris of the town and landis of Iunerallown, Hand within the shirefdome of Striuiling ; that forsaniekill that it is vnderstand be bayth the saidis parteis that the said town and landis wes devydit of befoir, be mutuall consent of the said Schir James, and vmquhile Andro Schaw of Knokhill, father to the said William, be the space of thretty zeiris or thairby, and sensyn occupiit (as devydit) be the saidis parteis, and thair tennentis in thair namis, as the samin ar knawin to tkaine, methit and merchit presentlie : Thairfoir it is aggreit betuix the saidis parteis that the said diuisioun stand in all tymis cuming (as landis devydit) ad perpetuam remanentiam, and thair infeftmentis respectiue to be effectual thairanent ; saifland that the said Schir James consentis and grantis, for him and his airis, that the said William and his airis sail bruik and jois perpetuallie the said Schir James part of the medow of the saidis landis occupiit presentlie be William Richie, tennent to the said Schir James, togidder with that portioun of land of the saidis landis callit the Shireffis croft, now beand in the said William Schawis possessioun. And heirto bayth the saidis parteis bindis and oblissis thame to stand and abyid, but reuoca- tioun or contradiction!!, in tymis cuming. In witnes quhairof bayth the saidis parteis hes subscryvit this present contract and appointment, day, zeir and place forsaid, befoir thir witnes, James Schaw of Sawchye, Jhon Murray of Towchadame, James Balfour of Boghall, Maister William Striuiling persone of Aberfule, James Striuiling his broder, and James Striuiling of Auquhyill.
Jaiies Schaw of Sawchye wittnes. Jas. Stirling of Keir.
Jhone Murray of Tuchadam vitnes. Wilzam Schaw of Knokhyll.
Villiame Schaw witnes.
Maister William Striuiling witnes.
James Striuiling witnes.
James Striuling of Auchyll vitnes.
Confirmation by the Depute of Colin Earl of Argyll, Justice-General of Scotland, of a Charter of the Barony of Keir in favour of James Striueling of Keir and Archibald Striueling his son, 25th July 1582.
19S. Magister Joannes Graiime de Halzairdis, Justiciarius deputatus nobilis et potentis
1591.] CHARTERS, ETC. 425
domini, Colini Couutis Ergadie, Domini Campbell et Lome, Justiciarii Generalis supremi domini nostri Regis totius regni sui vbilibet constituti, vniuersis et singulis ad quorum notitias presentes litere peruenerint, Salutem. Sciatis, quod comparuit coram me, in curia Justiciarie Supremi domini nostri Regis viceeomitatus de Perth, tenta in pretorio burgi de Perth, vicesimo quinto die mensis Julii, anno Domini millesimo quingentesimo octuagesimo secundo, Jacobus Striueling de Keir, liberetenementarius terrarum sub- scriptarum, pro se, ac nomine Archibaldi Striueling sui filii, feoditarii eai'undem, et ibidem ostendebat cartam factam per nobilissimum principem, Jacobiun sextum, Dei gratia Scotonun regem, dicto Archibaldo Striueling apparenti de Keir, de omnibus et singulis terris subscriptis, viz., terris de Keir, cum turre, manerio, molendinis fullonum, granorum, et lie cruvis earundem, terris de Kippendavie, terris de Lupnoch, cum pis- cariis earundem, terris de Strowie, cum molendinis earundem, terris de Dawchlevin, terris de Ratherun Striueling, alias Quaigis de Strathallun, Classingallis, Schaner, lie Wester Coig, lie Woll Coig, Berholme, lie Little Coig, lie West Poffill, cum molen- dino de Coigis, ac terris de Glenty, cum tenentibus, tenandriis, liberetenentium serui- ciis earundem, aduocatione, donatione capellaniarum et Hereim lie Harmitage de Lupno, cum omnibus suis pertinentiis, jacentibus infra vicecomitatum de Perth, vnitis, creatis, annexatis et incorporates in vnam meram et liberam baroniani, perpetuis temporibus futuris, Baroniam de Keir nuncupandam, et tenendam in libera alba firnia qualiter- cunque temporibus retroactis tente fuerunt ; reddendo inde annuatim dictus Archi- baldus Striueling et heredes sui in dicta carta eontenti, prefato Jacobo Regi et suis successoribus, vnuin par calcarium deauratorum, et par eheretecarum, ad dictam turrim de Keir, in die feste pentechostes, si petatur tantum ; prout in dicta charta, de data apud castrum de Striueling, decirno sexto die mensis Septembris, anno Domini mil- lesimo quingentesimo septuagesimo nono, et regni dicti supremi domini nostri Regis decirno tercio, latius continetur. Quamquidem chartam, de mandato nostro in judicio perlectam et examinatam, admissimus, ac omnia et singula in eadem contenta, ratifica- mus et approbamus. In cuius rei testimonium presentibus, manu Ludouici Bellenden de Auchnowle militis, Clerici Justiciarie dicti supremi domini nostri regis generalis, subscriptis, sigillum officii Justiciarie est appensum, anno, die, mense et loco pre-
scriptis.
Ltjdouicus Bellenden Clericus Justiciarie.
Testament of Sir James Striuiling of Keir, Knight, confirmed 9th December 1591.
199. The Testament Testamentar and Inuentar of the guidis, geir, sowmes of money
and dettis perteining to wmquhile ane rycht honourabill man, Schir James
428 KEIR papers. [1591.
Striuiling of Keir, knycht, within the shirefdome of Perth, the tynie of his
deceiss, quha deeeissit in Cadder besid Glasgw, wpoun the thrid day of Februar,
the zeir of G-od, ane thowsand fyve hundreth four seoir aucht zeiris, faythfullie
maid and gewin up be ane rycht honourabill man, Schir Archibald Striuiling now
of Keir, knycht, onlie executour testamentar acceptant, nominat be the said
wruquhile Schir James Striuiling of Keir, knycht, his fader, in his lattervill
undenvrittin, of the dait at Cadder, the fourt day of September, the zeir of God
foirsaid, as the samyne, writtin and subscrivit with his awin hand, at lenth
proportis.
In the first, the said wmquhile Schir James Striuiling of Keir, knycht, had the guidis,
geir, sowmes of money and dettis, of the awaill and prices efter following, perteining to
him the tyme of his deceiss foirsaid viz. Item, wpoun the ground and landis of Anye
in the Shirefdome of Perth, in pasturing and hireling, fyftie ane greit ky, price of the
pece ourheid, sax pund, thretteine schillingis, four penneis, &c. &c
Item of reddie money in priss the sowme of thriescoir sax pundis, thretteine schillingis four penneis. Item in abuilzementis and ornamentis of his bodie, by the airschipe, estimat to the sowme of thriescoir sax pundis, thretteine schillingis, four penneis. Item of sillier wark, by the airschipe, twa siluer peces weyand saxtene vnce wecht, ane siluer saltfatt weyand sax vnce wecht, ane dossowne of siluer spwnes, weyand tuelf vnce wecht, ane littil masser and fywe blak cuppis with siluer about the edggis thairof, weyand allewin vnce wecht, extending in the haill to fourtie fywe vnce wecht of siluer wark, by the airschipe, price of the unce ouerheid fourtie schillingis, summa, four scoir ten pundis. Item in vtencilis and doniicilis of his j)laces of Keir, Cadder, and hows in Striuiling, by the airschipe, estimat and extending to the sowme of twa hundreth thriescoir sax pundis, threttene schillingis, four penneis.
Summa of the Inventar iij" i" lxxxxiij';b xi? viiij1?
Pollowis the dettis awin to the deid. Item thair was awin to the said wmquhile Schir James Striuiling of Keir knycht, be my Lord Sempill, for the defunctis releif of cau- tioun quhilk he payit for his lordschipe predecessouris to Thomas Marjoribankis of Ratho, the sowme of sewin hundreth pundis money. Item awin be the executouris of wmquhile Robert Grahame of Knockdoliane, conforme to his obligatioun, the sowme of thriescoir sax pundis, threttene schillingis, four penneis. Item awin be Robert Striuiling of Letter, conforme "to his obligatioun, the sowme of twa hundreth pundis money. Item awin be the tennentis and occupyaris of the landis of Ballindroch, &c
1591.1 CHARTERS, ETC. 427
Surnma of the dettis awin to the deid — 1? xxiiii''.b
Sumina of the Inventar with the dettis — iiij™ ii" xvii1'.b xi!. viiW
Followis the dettis awin be the deid. Item thair was awin be the said wmquhile Sir James Striuiling of Keir, knycht, to Archibald Maistertoun in for ane
annuel rent furth of the clefunctis landis of Innerallon, resten the Witsonday and Merti- mes termes in anno ane thowsand fywe hundreth four scoir audit zeiris, the sowme of
fourtie punclis money, &c. &c
Item awin to James Striuiling Advocat in Edinburcht, for ane annuelrent furth of the landis of Glenbank, in anno ane thowsand fywe hundreth four scoir aucht zeiris, the sowme of ten pundis money. Item awin to James Striuiling in Bengour, for ane annuelrent furth of the landis of Uchiltrie, in anno ane thowsand fywe hundreth four scoir aucht zeiris, the sowme of threttene pundis, sax schillingis, aucht penneis. Item awin to Jhonne Grahame in Dunnance, for ane annuelrent furth of the landis of Tomba in anno ane thowsand fywe hundreth four scoir aucht zeiris, the sowme of fourtene pundis money. Item awin to James Striuiling of Auchyle, for ane annuelrent furth of the landis of Haistoun and Blairquhairne, resten in anno ane thowsand fywe hundreth four scoir aucht zeiris, the sowme of fourtie twa pundis, threttene schillingis, four
pennies &c. &c
Item awin to James Striuiling of Auchill, for his zeiris fie, resten in anno ane thowsand fywe hundreth four scoir aucht zeiris, the sowme of twentie pundis money. Item awin to Jhonne Striuiling alias Buit, for his zeiris fie resten the said zeir the sowme of twentie pundis money. Item awin to James Striuiling, brother to AVilliame Striuiling of Law, for his fie resten the said zeir, the sowme of twentie pundis money. Item awin to David Forrester seruand, for his fie resten the said zeir, the sowme of twentie pundis money. Item awin to James Striuiling, Stabuler, for his fie resten the said zeir, the sowme of threttene pundis sax schillingis aucht pennies. Item awin to Williame Baxter, Guik, for his fie resten the said zeir the sowme of ten pundis money. Item awin to Thomas Arthur, brewster, for his fie resten the said zeir, the sowme of ten pundis. Item awin to George Gray, porter, for his fie resten the said zeir, the sowme of sax pundis threttene schillingis four pennies. Item awin to Robert Merschell, Steward, for his fie resten the said zeir, the sowme of ten pundis money. Item awin to Jhonne Dryisdaill, Gairdner in Keir, for his fie resten the said zeir, the sowme of threttene pundis sax schillingis aucht pennies. Item awin to Marioun Leslie, relict of umquhile Jhonne Ra, gairdner in Cadder, for hir fie resten the said zeir, the sowme of threttene pundis sax schillingis aucht penneis. Item awin to Petir Jhonnestoun,
428 KEIR papers. [1591.
seruand, for his fie resten the said zeir, the sowme of sax punclis threttene schillingis four peimeis. Item to Jane Moncreif, seruand, for hir zeiris fie resten the said zeir, the sowme of sax pundis threttene schillingis four penneis. Item awin to Margaret Humbill, nureis, for hir fie resten the said zeir, the sowme of ten pundis money. Item awin to Margret Merser, nureis, for hir fie resten the said zeir, the sowme of sax pundis thret- tene schillingis. Item awin to Cristiane McHroy, seruand, for hir fie resten the said zeir, the sowme of fywe pundis. Item awin to Jonett Scott, seruand, for hir fie resten the said zeir, the sowme of sax pundis threttene schillingis four penneis. Item awin to Sara Angus, seruand, for hir fie resten the said zeir, the sowme of fywe pundis money. Item awin to Helene Carrik, seruand, for hir fie resten the said zeir, the sowme of fywe pundis, money.
Summa of the dettis awin be the deid — x. lxxxxiiii'ib vi? viii'J Restis of fre geir, the dettis deducit — - iij™ vi° xxiii'.ib Vs. To be diuidit in thre pairtis. The deidis pairt is — — i? ii" vii1.ib xv*
Followis the deidis Legacie and Lattervill.
At Cadder, the fourt day of September, the zeir of God I? Vc. four scoir aucht zeiris. The quhilk day I nominat and constitutis my wyf, and my sonne Archebald, my execu- touris and intromettoui'is with my haill guidis and geir, and credeittis thame tua of all thingis that mycht aperteine to me to dispone thairvpoun, for paying of all dettis awin be me, be thair discretioun. Item, I ordain all infeftmentis and securities maid betuixt my sonnes Archibald and James be surelie keepit in all pointis, and James securities to be delyuerit to himself or to his moder to keip to him. Item, I leif to Archibald all plenesingis that is on land, except samekill that is on land appertening to my wyf, and that bot hir lyftyme onlie. Item, I ordane my wyf and my sone Archibald to pleneis the half land gifin to James, and to big him ane ressonabill hous, ather in Kippindaivie or Lanerk, and pleneis it weill and honestlie in all thingis necessar. Item, I pray and counsallis my wyf and my sonne Archibald to remane and keip hous togidder, and my wyf to be gyder of the haill lewing and hous sa lang as scho lewis, and Archibald to use hir counsall, for that is his greit weill. I pray Archibald that in nawayis he be careit away by his moderis counsale be na bodie for scho is his maist lowing freind. Item, gif it happenis, as G-od forbid, that my wyf and my sonne Archi- bald can not agrie, bot to seperat thameselffis to thair awin lewingis, and hakl sindrie hous, in that cais, I ordaine all plenesingis within Cadder, or that appertenis to it, ather
1591.] CHARTERS, ETC. 429
within the place, or without it, that appertenis to Cadder or that lewirig, appertene to my wyf, vnder inuentar and cautioun it be furthciuirmane to Archibald efter hir deceis, alwayis the airschipe, baith in sillier wark and vther geir, apertene to Archibald. Item, I ordaine the keyis of all evidentis be delyuerit to Archibald, and it that apertenes to my wyf for seruing of hir lyfrent be delyuerit to hir self, siclyk vnder inuentar, to be delyuerit agane to Archibald at hir deceis, alwayis that James evidentis and securities to be delyuerit to himself or to his moder to keip to him, as said is. Item, I ordane the securitie that is maid to Jhonne remane with his moder, sa lang as scho lewis, and efter hir to be delyuerit to Archibald, it is ressonabill he be sustenit. Item, I leif all that apertenis, or may apertene, to me in all thingis to Archibald, not hurting my wyf for hir tyme, and efter hir deceis all to be delyuerit to Archibald, except it plesis my wyf to leif pairt to our dochter Margret, or vther freindis, be hir discretioun. Item, I leif the helping of seruands and pure freindis to the discretioun of my wyf and my sonne Ar- chibald. As to my counsall quhow Archibald sail gowerne him self, or quhais com- paney and counsall he sail vse, I refer that to his awin wisdome, for I hoip in his judgment. Item, I ordane that the plenessing that is within my hous and ludging in Striuiling be delyuerit to my wyf, becaus scho is in coniunctfie with me of it, and zit vnder inuentar and cautioun that it be redelyuerit agane to my sone Archibald at hir deceis. Item, becaus I haif ordanit that my wyf and my sonne Archibald sail remane togidder, and hald hous togidder, and my wyf gydar of the haill lewing, bayth aper- tening to hir and him, and that for his weill and putting afoirhand siluer to redeme the land that lyis in vadset, I ordane that as siluer is put afoirhand, that the wodset land be redemit, and first of that land that my wyf is in coniunctfie of, becaus my sonne is obleissit to mak hir coniunctfie frie of all wodsettis. Item, becaus I haif maid alradie my sone Archibald assignay to all my reuersiounes, contraetis, obligatiounes, and all vther dettis that I may craif, I ratifie the saniyne, and constitutis him of new my assig- nay, to all as he wer my eldest sonne and air, and siu-rogatis him in his place in all thingis, as he wer my werrie lauchfull air. Item, I ordane my sonne James to wait weill upoun his brother Archibald, and be ane gude seruand to him, and thame bayth to be gude and kynd sonnes to thair moder, that thay may be all togidder, and spend thair lewing togidder sa lang as scho lewis, and James to marie be the adwyse of his moder and his brother Archibald. God gif my wyf dayis to leif with thame, and be ane gude moder and gowernor to thame, and thay to be gude obedient sonnes to hir, quhilk gif thay do, I dout not bot God sail assist thame with his holie spreit, that thay may leif togidder in luif, upricht to God, trew to the prince, and kynd to thair freindis. My blessing I leif with thame, and all my bairnes, oyis, and freindis. This I leif for my
3 i
430 KEIR PAPERS. [1589.
Latterwill be this my testament, writtin and subscriuit with my band, day, zeir and place foirsaid.
Sic subscribitur. James Strtuiling of Keir.
We Maisteris Jolmne Prestoun, Eduard Bruce, Johnne Arthor and Jobnne Nicolsoun, Aduocattis, Commissaris of Edinburgh, speciallie constitut for confirmatioun, be the tennour heirof, ratifeis, appreuis, and confirmis this present Testament .... At Edinburgh the nynt day of December I? V" four scoir elevin zeiris.
Contract of Marriage between Sir Archibald Stirling of Keir, Knight, and Grissel Ross, daughter of Jane Sempill, Lady Ross, 18th March 1589.
200. At Glesgw the auchtene day of Merche, the zeir of God I™ V°. lxxx nyne zeiris : It is appointit, contractit, and matrimoniallie endit, betuix the honorabill pairteis following, to wit, Sir Archibald Striueling of Keir, knycht, as principall, John Neper feare of Merchinstoun, Johne Murray of Twchadane, Johnne Striueling of Craigbarnett, Henrie Stirueling of Ardocht, James Kinross of Kippenross, and Williame Striueling of Law, conjunctlie and seuerallie, as Cautionaris and souirteeis for him, for fulfilling of his pairt of this present contract, wpone the ane pairt, Dame Jeane Sempill, Ladie Ross, Grissel Ross hir dochtir, as principallis, Robert Montgomrie of Skelmurlie, Hew Montgomrie of Hisselheid, Robert Sempill fear of Fuluod, John Blair of that ilk, Allane Lokhart of Cleghorne, and Harie Stewart of Cragiehall, as cautionaris and souirteis for thame, for fulfilling of thair pairtis of this contract, on the vther pairt, in maner, foi'ine, and effect as eftir followis, that is to say : The said Sir Archibald sail, God willing, marie to his spousit wyfe the said Grissel, [and sail] solempnizat and compleit the band of matrimonie with hir in face of holie kirk, betuix and the fyvetene day of Junii nixtoeum, and befoir the said manage sail dewlie and sufficientlie infeft the said Grissell, in hir virgmitie, in lyfrent for all the dayes of hir lyvetyme, in all and haill his landis of Wehiltreis Eistir and Wester etc. . . . For the quhilkis caussis, and mariage to be solempnizat, as said is, the said Jeane Ladie Ros, and hir cautionaris aboue writtin, bindis and obleissis thame ... to pay to the said Sir Archibald . . . the sowme of sex thowsand merkis money of this reaune in name of tochir with the said Grissael ... In witnes quhairof, baith the saidis pairteis, and cautionaris aboneurittin, hes subscryuit this present contract with thair handis, as followis, day, zeir, and place aboneurittin, befoir thir witnessis, Sir James Edmestoun of Duntreth knycht, Johne Striueling of Glorett, Johne Maxwell of Pottirhill, William Sempill of Bruntscheillis, William Striue-
1592.] CHARTERS, ETC. 431
ling Persone of Aberfule, and Johnne Muschett Schiref Clerk of Striueling, James Striueling of Auychill, Richart Bailzie servitour to the said Ladie Ross.
Archibald Striueling of Keir Knycht. Jean Sempill L. Ross. Grissell Ross. Harie Stewart of Craigiehall, Allan Lokiiart of Cleghorne, Hew Montgomerie of Hissilheid, Blair of yat ilk, Robert Montgomrie of Skelmurlie, Robert Sempill feare of Fulwod, Johne Neper feare of Merchinstoun, Joiine Murray of Tucbadem, Henrie Stirling of Arduch, James Kinross of Kippcnross, Williame Striueling of Law, Johnne Striueling of Craigbamet.
Contract between Sir Archibald Sterling of Keir, Knight, and John Hammiltoun of Bardowye, 13th January 1592.
201. At Cadder, the threttene day of Januar l*1 V". fourscoir tuelf zeiris. It is aggreit betuix Schir Archibald Sterling of Keir knycht, on the ane part, and Jhon Hammiltoun of Bardowye, on the vther part, in maner following, to wit ; Forsamekill as the said Jhon Hammilton hes ane rycht and tytill maid to him of the landis of Wester Bankeir, Hand within the perochin of Campsy, be Jhon Sterling of Bankeir, and that be vertew of tak and assedatioun grantit be the said Jhon Sterling to the said Jhon Hammiltoun and to his spows, quhairof thair is zeris to ryn, for the payment of certan dewitie to the said Jhon Sterling, as is contenit in the said tak ; And alsua forsamekill as the said Jhon Hammiltoun is infeft be the said John Sterling, with consent of the said Schir Archi- bald, in ane annuelrent of sex bollis meill zeirlie to be tane furth of the saidis landis of Bankeir, vnder reuersioun contenand the sowm of tua hundreth merkis, as the contract, infeftment, and seasing grantit thairvpon proportis ; Nochtwithstanding cmhairof, the said John Hammiltoun of Bardowye promeissis faythfullie be thir presentis to the said Schir Archibald, and oblissis him, that quhowsone, or at quhat tym, the said Schir Archibald sail content and pay to him the said Jhon Hammyltoun the forsaid sowm of tua hundreth merkis money, togidder with sik vther sowmes of money as the said Jhon Sterling salbe fund justlie addettit to the said Jhon Hammiltoun, or that salbe aggreit on betuix the saidis Jhon Sterling and Jhon Hammiltoun, to be awand be compt and rekning; Than and in that cace, the said Jhon Hammiltoun sail entir the said Schir Archebald in his place of the said tak of Bankeir and infeftment of the annuelrent for- said, and sail renunce, quyit-clame, and ouergifF in the said Schir Archibaldis favour, his said rychtis maid to him of the saidis landis of Bankeir and annuelrent forsaid, to-
432 KEIR PAPERS. [1596.
gidder with all vther rycht, tytill, clame, or entres, that the said Jhon Hammiltoun can
acclarue or pretend thairto, be ony vther maner of way, to the effect the said Schir
Archibald jnay peaceblie bruik the saidis landis, without hynder or clagg to be maid to
him be the said Jhon Hammyltoun thairto in all tym cuming. Provyding alwayis that
the said Schir Archibald obtene and haif the said Jhon Sterlingis consent to the pre-
missis. In witnes quhairof bayth the saidis parteis hes subscryvit thir presentis with
thair handis, day, zeir and place forsaid, befoir thir witnes, James Striuiling of Kippen-
davye, Mv. "William Sterling Person of Abirfule, Alexander Schaw, and David Forester,
servitouris to the said Schir Archibald.
Archibald Sterling of Keire.
John Hamyltown of Baredowe.
Contract between Sir Archibald Stirling of Keir, Knight ; Dame Jeane Cheis- holme, Lady Keir, his mother ; and William Sinclair of Galwalclmoir, and James Sinclair his brother, 8th April 1596.
202. At Stirling the viii day of Apryle, the zeir of God 1? Vc. fourscoir saxtine zeiris ; It is appointit, contractit, and finallie agred betuix thir parteis following, to wit, Sir Archibald Stirling of Keir, knycht, Dame Jeane Cheisholme, Lady Keir, his mother, and the said Sir Archibald as taking the burding vpon him for the remanent his kin and freindis, on the ane pairt, William Sinclair, now of Galwaldnioir, sone and aire of vmquhill William Sinclair of Galwaldnioir, and James Sinclair his brother, for thameselBs, and takand the burding vpon thame for thair vther brother and sistir, and remanent thair kin and freindis, and all vtheris hawand or pretendand entres to the landis and actioun vndirwritin, on the vther part, in maner forme and effect as eftir followis, that is to say : Forsameikle as vmquhill Sir James Stirling of Keir, knycht, had all and haill the landis of Auchinbie, with thair pertinentis, lyand within the parochin of Dunblane, pertening to him be tua sewerall rychtis, the ane thairof be alienatioun and dispositioun maid be vmquhill Dwrie of that ilk to
vmquhill Sir Johne Stirling of Keir knycht, father to the said vniquhill Sir James, to be haldin of our souerane lordis most noble progenitouris ; the vther be infeftment of fewferme maid be vmquhill Williame Bischope of Dunblane, to the said vmquhill Sir James, his airis, and assignais thairoff ; the quhilk landis wer annaleit and disponit be the said vmquhill Sir James to the said Sir Archibald his sone, his airis and assignais, and be the said Sir Archibald to vmquhill James Stirling of Kippendawie his brother, quhairthrow thay had the vndoubtit rycht, titill, kyndnes and possessioun of the saidis landis : Notwithstanding quhairoff, the said vmquhill William Sinclair,
1596.] CHARTERS, ETC. 433
without ony iust caus or oocasioun mowit and gewin to him, maist vnnaturallie, vnkyndlie, and aganes all freindly deutie, purchest and obtenit of our souerane lord, to him self, his airis, and assignais, ane infeftinent of fewfermes of the saidis landis of Auchinbie, as being ane part of the ternporall landis of the said bischoprik of Dmnblane, and perteining to our said souerane lord, be ressone of the annexatioun of kirk landis to his Majesteis crowne, and alledgit becuming in his hienes handis and at his dispositioun, throche nonconfirniatioun of the said vmquhill Sir James in- feftmentis thairof foirsaid, grantit to him be the said vmquhill William Bischop of Dunblane, intending thairby to haue dispossest the said vmquhill Sir James Stirling and his predicessouris possessioun and kyndnes of the saidis landis perteining to thame in maner foirsaid : Be occasioun quhairof proceidit and ingenerit grit enmitie and diseentioun betuix the said vmquhill Sir James, his said sones, and the said vmquhill William Sinclair, and sindrie persuitis and actiounes mowit aganes vtheris thairthrow, and at the last maist vnnaturally and vnhappilie, vpon grit suddentie, fell out the lamentable slaughter of the saidis vmquhill James Stirling, vmquhill William Sinclair, Edward and George Sinclairis his sones, and the hurting and wounding of the said William thair brother, committit vpon Witsonday the third day of Junii 1™; Vc. foir- scoir threttine zeiris, sen the quhilk tyme the said feid and enimitie hes continewit betuix the saidis parteis, quhill now that the said Sir Archibald, eftir the said lang enimitie and deidlie feud, be command of his Majestie, and be the earnest trawell of the brether of the ministrie, and especally tuicchit with ane christiane charitie and dewtie, being brocht and mowit to condiscend and agrie to the rechting of the samen : Thairfoir for bureing and away taking thairoff, and of all rancour, malice and hatren consawit thairfoir, the said Sir Archibald and the said Dame Jeane for thame selfis, and als the said Sir Archibald as takand the burding foirsaid, sail giwe and grant to the said William Sinclair, James his brother, thair kin, freindis, allya, assisteris and par- takeris, ane letter of slanes for the slauchter of the said vmquhill James Stirling com- mittit at the tyme foirsaid, remitting, forgiffing, and discharging the samen, and all rancour and malice of hert, with all actioun, criminall, and ciweill, quhilk thay hed, hes, or may haue thairfoir, in maist ample and lairge forme, as the said Williame and his said brother pleasis dewyse : Lyk as also the said William Sinclair and James his brother, for thame selfis, and takand the burding vpon thame in maner foirsaid, sail giwe and grant to the said Sir Archibald ane letter of slanes to the said Archibald, for the slauchter of the said vmquhill William Sinclair, Edward and George Sinclairis his sones, hurting, wounding of the said Williame self, remitting, forgewing, and dis- charging the said Sir Archibald his kin, freindis, allya, assisteris, partakeris and ser-
434 KEIR PAPERS. [1597.
wandis thairof, and all rancour and malice of hert for the samen, with all actioun, criminall and ciweill, quhilkis thay lied, hes or keireftir may haue or niowe aganes the said Sir Archibald and his foirsaidis thairfoir in maist ample and lairge forme, as he pleasis to dewyse : And fardir, the said William Sinclair acknawledging the said in- feftment of few ferine of the saidis landis of Auchinbie, purchest be his said vniquhill father, maist vrangouslie, vnnatm'allie and vnkyndlie ower the said Sir Archibald and his said vniquhill brotheris head, to be the only ground and fundament of the foirsaid slauchteris ; thairfoir to the effect the samen be nocht the occasioun of fardir truble and discensioun betuis the saidis parteis in tyme cuming, the said William Sinclair, for him, his airis, and successouris, hes ratefeit and approwit the said Sir Archibalclis infeftmentis, rychtis, and titillis quhatsumewir acquyrit be his said vniquhill father and brother and be him self, to the saidis landis of Auchinbie in all the headis, pointis and articlis thairof, togiddir with the possessioun of the samen ... As als the said Williame for him self, and his foirsaidis, be the tenour heirof, renuncis, quietclames, and owir giiSs to the said Sir Archibald his airis and successouris, and in thair fawouris, the foirsaidis infeftment of the saidis landis of Auchinbie purchest be the said vniquhill Williame Sinclair his father, with his awin retour, serwice, and sesing thairof, as air to his said vniquhill father . . . In witnes quhairof thay haue subscryuit the samen, day, zeir and place aboue wi'itin ; befoir thir witness, Sir James Cheisholme of Dun- dorne, knycht, Mr. Hary Lewingstoun, minister at Sanct Ninianes kirk, James Drum- mond, James Blacuod, and Johne Muschet.
William Sinclare Jas. Cheisholme, Archibald Steeling of Keir.
off Galvaldmoir. vitnes to the haill. Jane Cheisholme, Lady Keyr.
James Sinclare. A. Levingstone,
witness to the heall. James Blakwod, witnes.
Memorandum of a Contract to be made between Sir Archibald Striuiling of Keir, Knight, Dame Grizel Ros his spouse ; and John Striueling of Wester Bankeir, and Margaret Colquhone, his spouse, 4th May 1597.
203. Memorandum. — Ane contract to be maid betuis Schir Archibald Striuiling of Keir knycht, and Dame Grissell Ros his spouse, on the ane part, and Johne Striuiling of Wester Bankeir, and Mergaret Colquhone his spous, on the vther part, vpon thir headis following : In the first, that the said Johne and his spous salbe obleist to sell, annalie and dispone to the said Schir Archibald and his said spous in lyfrent, for all
1597.] CHARTERS, ETC. 435
the dayis of thair lyfetynie, and to William Striuiling thair son, his airis and assignais, in fee and heretage, all and haill his saidis landis of Wester Bankeir, with houssis, biggingis, zairdis, coilheuchis, and all thair pertinentis, to be halden of his superiour thairof, als frelie as he haldis the sarnin, and that ather be resignatioun, or be chartour and confirmatioun of the samin, with claus of werrandice, and sail niak all vther rycht thairanent, as the said Schir Archibald and his said spous sail devyse for thair securitie of the premissis : Item, that the said Johne sail mak the said Schir Archibald his spous and sone and his foirsaidis, cessioneris and assignais in and to all and quhatsumeuer reuersiones maid and grantit to him for redemptioun of all and quhatsumeuer annuel- rentis annaleit be him furth of the saidis landis, and in and to the redemptioun of the samin, and to weirrand the samin fra all deid done be him that may hurt or stay the samin redemptioun : For the quhilkis causis the said Schir Archibald and his said spous to be bund and obleist to pay to the said Johne, the sowme of fyve thowsand merkis money, at the termes and in maner following, that is to say, that the said Schir Archibald and his spous sail retene in thair handis samekle of the said sowme as will redeme the saidis anmielrentis, and pay the byrun annuellis thairof, and the said Johne hes alreddie ressauit of the said sowme the sowme of twa hundreth merkis, and the rest of the said sowme to be payit at the termes of Witsonday and Mertymes nixtocum, quhairof thai salbe obleist to pay sex hundreth merkis at Witsonday nixtocum allanerlie, and the rest at the said Mertymes nixt thairefter : Item, that the said Johne sail renunce and discharge the sowme of fourty merkis money, quhilk vmquhill Schir James Striuiling of Keir knycht his fadder, and his tennentis of Cadder, was obleist be con- tract to haiff payit zeirlie to the said John during his lyfetyme ; and that part of the aaid contract safare as concernis the samin sowme off all zeris and termes bygane, and in tyme cuming during the said Johnis lyfetyme : And als that the saidis parteis sail discharge the contract betuix thame, be the quhilk the said Johne ressauit the sowme of four hundreth merkis, and wes obleist to haiff infeft the said Schir Archibald and his foirsaidis in ane anmielrent of twa bollis victuall for euerie hundreth thairof. At Keir, the ferd day of May V:1 V? four scoir sevintene zeris, befoir thir witness, Maister William Erskene persone of Campsie, and James Striuiling aduocat, with vtheris diuers. Archibald Sterling of Keire.
Memorandum. — Ane obligatioun to be maid be the said Schir Archibald at the per- fyting of the said contract, quhairby he salbe obleist to caus his tennentis of his ten townis of Cadder, Ballmdrocht, Haystoun and Blaquharne, carye euerie town thairof ane dessoun of leadis of coillis zearlie and ilk zeir to the said John and his spous during thair lyfetimes, to the town of Glasgw, in quhat ludgeing thair he salhappin to be
436 keir papers. [1597-1606.
duelling for the tyme, fra ony heuch in Cainpsie, or vther heuch within four niyles fra the said toun of Glasgw.
Jhone Sterling of Bankeir. Archibald Sterling of Keire.
Wm. Erskyn, vitnes.
James Striuiling, witnes.
Obligation by John Striuiling of Bankeir to Sir Archibald Striueling of Keir, Knight, his spouse, and son, 19th January 1597.
204. I Johne Striueling of Bankeir be the tennour heirof bindis and oblissis me, my airis and assignais, to the richt honorable Schir Archibald Striueling of Keir knycht, Deme Grissell Rois his spous, and Williame Striueling thair sone, thair airis and assignais ; that becaus Isobell Fleming standis infeft in the landis of Bankeir, disponit be me to thame, vnder reuersioun of four hundrecht merkis money ; that betuix and Martim.es nixtocum, I sail obtene to thame the said Isobellis renunciatioun thairof in dev forme, and sail varrand thame thair airis executouris and assignais of the said foure hundrecht merkis, and of all byrvne annuellis, or of ony tennis tocum, that ony wyis the said Isobell or hir airis may suit or craif ony wyis fra thame or thair foirsaidis furcht .of the saidis landis, directle or indirectle, in all tymes cuming ... In vitnes heirof this my obligacioun, subscryvit with my hand, the bode vrittin be Archibald Gibsoun notar, at Caddar, the xix daye of Januar, the zeir of God I™ V9 lxxx sevintene zeris, befoir thir vitnes, Johne Hovstoun apperand of that ilk, Mr William Erskine Persoun of Campse, Alexander Schaw, James Striueling, Dauid Fosteir, seruitouris to the said Archibald, and Archibald Gibsoun notar.
Jhone Stirling of Bankeir.
Johne Howston apperant off that ilk vittnes.
WM Erskyn vitnes.
Alexander Schaw Vittnes.
Contract of Marriage between James Striviling, eldest son and heir of Sir Archi- bald Striveling of Keir, Knight, and Anna Home, eldest daughter of Sir George Home of "Wedderbumc, Knight, 9th July, 13th, 14th, 15th, 16th August, 1606.
205. At Perth, Polvert, Spilmerfurdmylne, Colintoun, Dunblen, Burnbank, the nynt daye of Julii, xiii, xiiii, xv, xvi dayes of Augustt the zeir of God, Jai vic and sex zeiris : It is appointit, aggreit, and finallie contractit, betuix the honorable partis following, to wit Sir Archibald Striveling of Keir knycht, for him self and takand the burding vpone him for James Striviling, his eldest sone and apperant air, and alsua the said James for him self, with expres aduys and consent of his said father, as lawchfull adminis-
1606.] CHARTERS, ETC. 437
tratour, tutour, gyder and governour to him of the law, for his mires, on the ane part ; and Sir George Home of Wedderburne knyeht, for him selff, and takand the burding vpone him for Anna Home, his eldest lawchfull dochter, and alsua the said Anna for hir self, with expres aduys and consent of hir said father, as lawchfull administratour, tutour, gyder, and governour to hir of the law for his intres, on the vther part ; in manor, forme, and effect as efter followis ; that is to say, the saidis James Striviling and Anna Home sail, God willing, soleirmizat and compleit the band of matrimonie betuix thame in face of holie kirk, as the ordour thairof requyris, and that betuix the date heirof, and the ellevint day of November nixtocum, or sooner gif it sail be thocht ex- pedient be the saidis partis ; and befoir the compleiting thairof the said Sir Archibald in contemplatioune of the said manage, and for the sowme of money efter specifeit, to be payit in name of tocher as followis, be thir presentis bindis and oblissis him and his airis, with all gudelie diligence, to infeft dewlie and sivfficientlie, be chartour and seasing, titulo oneroso, the said Anna Home, in hir piu-e virginitie, in lyfrent for all the dayes of hir ryftyme, in all and haill the ten pvtnd land of Keir . . . Keservand alwayes, in the said infeftmentis, to Dame Jean Chisholme Lady Keir, mother to the said Sir Archibald, hir lyfrent . . . and lykwayis reservand to Dame Grissell Ross, spous to the said Sir Archibald, hir lyfrent . . . Quhilkis landis and vtheris respective foirsaiclis ar acceptit be the said Anna, with consent of hir said father, be expres conditioune heirof, in full contentatioune and satisfactioime of hir terce and thrid of all wtheris landis quhilk may fall and pertene to hir be deces of hir said future spous : And siclyk the said Sir Archibald be thir presentis bindis and oblissis him and his foirsaidis to infeft . . . the said James Striviling, his sone and apperand air, and the airis male lauchfullie to be gottin betuix him and the said Anna his said future spous ; quhilkis failzeing, the said James his narrest and lawchfull airis male quhatsunievir, berand the surname and arms of Striviling, and thair assignayes, heretablie, in the lands and baronie of
Keir . . . Reserving alwayes to the said Sir Archibald his lyfrent . And becaus the haill landis and leving of Keir ar talzeit to the airs male, sua that be the prouisioune of the said talze the airis female to be procreat betuix the said James and his said future spous will be alluterlie debarrit fra all successioune thairin to the said James ; Thairfoir, and for help to the saidis airis female to thair manages, the said Sir Archibald and the said James his sone, with ane consent and assent, be thir pre- sentis bindis and oblissis thame ... to content and pay to the saidis airis female to be procreat betuix the said James and his said future spous, the sowmes of money efter specifeit, viz., gif thair be bot ane air female, the sowme of \uenty thowsand merkis money of this realme to hir ; gif thair be bot tua airis female, the sowme of tuenty four
3 K
438 KEIR PAPERS. [1606.
thowsand merkis to be devydit equally betuixt thame ; and gif thair be ma nor tua airis female, the sowme of tuentie thowsand pundis equally amongis thame, for thair tocheris and help to thair manages, with parteis aggreable to thair estatis, and that how soun the saidis airis female salbe of the age of sextene zeiris complete, and in the meintyrne to intertme eduoat and vpbring the saidis haill airis female honorablie and virteouslie according to thair estates . . . For the quhilkis caussis, the said Sir George Home of Wedderburne knycht as principall, and Sir Patrick Home off Ayittoun, Sir John Home of Blakatour, Sir James Foulles off Colintoun, and John Johonsoun burges of Edinburgh, as cautionaris, sovirteis, and full debtouris for him, be thir presentis, bindis and oblissis thame ... to content and pay to the said Sir Archibald Striviling of Keir, and his airis, the sowme of auchtene thowsand merkis money of this realme, in name of tocher with the said Anna . . . And for observing, keping, and fulfilling of this present contract, and everie heid, article, claus, and conditioune thairof, for the part of the said Sir Archibald Striviling, Sir James Forrester of Garden, James Chisholme of Cromlix, Sir George Muschett of Burnbank. James Kynros Fear of Kip- panros, are becum, and be thir presentis becumis, cautionaris and sovirteis for him . . . In witnes heiroff baith the saidis parteis and cautionaris haue subscriuit this present contract with thair handis, as followis, (writtin be James Leslie notar publict,) day, zeir and place foirsaidis, befoir thir witnesses, viz., Jhone Commendatar of Haly- rudhous, Jhone Murray of Tuchadam, and Richard Cass writter, witnesses to the sub- scriptiones of the principall parteis, and subscriptiones of Garden and Blaketer, cau- tionaris, John Erll off Marr etc., Daiud Home zounger of Wedderburne, M* Henry Stirling servitour to the Laird of Wedderburne, James Stirling servitour to the said Sir Archibald Stirling, David Muschett portionar of Murdochiston, John Muschett in Mylne of Torre, M' Henry Kynross.
Mak witnes. George Hoome.
Halyrudhous vitnes Archibald Sterling of Keir.
Jhone Murray of Tuchadam vitnes James Sterling.
R. Cass witnes A. Home.
D. Home witnes. S. Pa. Hume.
M. Harie Stirling wittness. J? Home cautioner.
James Sterling vitness. J. Jhonstone cavtionar.
Dauid Muschett vitnes to the Lard of James Foulis cautioner.
Cromlix and Mvschett subscriptiounes. Sir James Forester of Garden cautioner.
Johne Mvschett vitnes. Ja. Cheisholme of Cromlix cautionar.
M? Henry Kynros witnes and fillar of G. Muschet cationer. the blankes abowwrittin. James Kinros cautioner.
1609-13.] CHARTERS, ETC. 439
Obligation by [Sir William Livingstoun of] Kilsyth to Sir Archibald Sterling of Keir,
Knight, 16th December 1609.
206. Thes sail testiffie, that nochtwithstand Schir Archebald Sterling off Keir knycht, be
werteu off ane contract off the dait heiroff, anent the disposition off the superioritie off
the landis off Kingkaid and Birdstoun, is oblist to caus Dame Grissell Ross his spous
cum judicially and ratifie the said contract ; zet becaus the said Schir Archebald assures
me that his said spous is nocht infeft, nor hes no rycht to the saidis landis, quhair-
through it is necessar that scho consent ; I am content, be this my tikat, that I sail
nocht wrge hir to compeir judicially, nochtwithstanding off the said condition abov
mentionat : Alsua, becaus in ane bakband giuen be me to the said Schir Archebald,
whairin it is conditionet that incaice the [said] Schir Archebald sail delyuer to me ane
sufficient infeftment past the seillis off the landis off Kinkaid and Birdstoun, taxt vard
and mariage, as in the said bakband off the dait heiroff is mentionat ; zet it is oncler-
stand, and our mening is thairanet, that giff it sail happin that the said Schir Archebald,
betuix and the tyme mentionat in the said backhand, whilk is the first off Apryll nixto-
cum anno I" VE ten zeris, to obtene and delyver to me ane laufull signatour, past lau-
fullie be his Majesties Tresorer and componet, and that the said signatour beiring taxt
ward and mariage, conform to my said bakband, be nocht reuoiket, bot stand and
remain fre to me to pas through the seills ; then and in that cace I sail accept the
samen, and pas the samen through the seillis on my aim charges, nochtuithstanding in
the said bakband it be said that the said Schir Archebald sould pas the seills thairoff :
In witnes whairoff I heff subscriuit this my lettre, wrettin with my hand, at Edinburgh,
the xvi of December 1609 ; witnes, George Forster younger off Corstorphin, Jhon
Leuingston of Bakloren, James Godlat, with others.
Kilsayth.
G . Forrester witnes.
J. Leuingstoun witnes.
Retoue of Sir Archibald Stirling of Keir, Knight, as heir of Sir James Stirling of Keir, Knight, his father, 8th July 1613.
207. Hec Inquisitio facta fuit super viridi apud Castrum de Down, loco curiarum Senes- callatus de Menteyth vsitato, octauo die mensis Julii. anno Domini millesimo sexcen- tesimo decimo tertio, coram honorabili viro, Dauide Haldane, Senescallo deputato dicti senescallatus, per probos et fideles homines patrie subsequentes, videlicet, Joannem Murray de Touchadame, Dominum Georgium Muschett de Burnebank militem, Do-
440 KEIR PAPERS. [1613.
milium Jacobum Chisholnie de Cromlix militem, Jacobum Kinros de Kippenros,
Alexandrum Levingstoun de Tertirren, Adamum Cunynghame de Chapeltoun, Wal-
terum Leckie de Poldir, Kobertum Stewart de Culbeg, Dauidem Muschett de Calze-
chate, Magistrum Jacobum Scbaw de Knokhill, Jacobum Edmonstoun de Newtoun,
Duncanuin Patersoun, prefectum burgi de Striviling, Cbristopherum Alexander, et
Archibaldum Allane, balliuos eiusdem, et Andream Alexander, bui'gensem ibidem :
Qui jurati dicunt, quod quondam Doininus Jacobus Stirling cle Keir miles, pater
Domini Arcbibaldi Stirling nunc de Keir militis, latoris presentium, obiit ad fidem et
pacem supremi domini nostri Kegis : Et quod dictus Dominus Arcbibaldus Stirling est
legitimus et propinquior heres eiusdem quondam Domini Jacobi Stirling, sui patris :
Et quod est legittime etatis : In cuius rei testimonium, sigilla quorundam eorum qui
dicte inquisitioni intererant faciende, vna cum breui regio intus clauso, et sigillo officii
dicti senescallatus dorso presentium affixo, presentibus sunt appensa, die mensis, et
anno prenotatis : Extractum de libro causarum dicti Senescallatus de Menteyth, per
me, Jacobum Don notarium publicum ac clericiun dicte curie, testantibus meis signo et
subscription manualibus. Sic subscribitur, Ja. Don, Clericus dicte Curie.
Hec est vera copia principalis retornatus super premissis in Cancellaria supremi
domini nostri regis remanentis, copiata et collationata per me Magistrum
Joannem Scott de Scottistarvett, eiusdem Cancellarie Directorem, sub meis
signo et subscriptione manualibus.
Jo. Scott.
Contract of Marriage between Sir John Striuiling, eldest lawful son of Sir Archibald Striuiling of Keir, Knight, and Margaret Monteith, daughter of Sir William Monteith, elder of Kers, Knight, 9th July 1613.
208. At Alveth, the nynt day of Julii, the zeir of God I™ vj" and threttene zeiris : It is appointit, contractit, and finallie aggreit betuix the honourabill pairties vnder writtin, thay ar to say, Schir Archibald Striuiling of Keir, Knycht, for himself, and takand the burding on him for Schir Johnne Striuiling, his eldest laufull sone, procreat betuix him and Dame Grissell Ross his spous, and the said Schir Johnne for himself, with expres avyse, counsall, and consent of his said father, on the ane pairt, and Schir William Blonteith elder of Kers, knycht, for himself, and takand the burding on him for Margaret Monteith, his laufull dochter, and the said Margaret for hirself, with expres advyse counsall and consent of hir said father, on the "vther pairt, in maner forme and effect as eftir followis, that is to say ; the said Schir Johnne Striuiling, with avyse, counsall, and consent of his said father, and of Dame Grissell Ross his
1613.] CHARTERS, ETC. 441
said mother, hes takin, and be thir presentis takis, the said Margaret Monteith to his laufull wyff ; lykas the said Margaret, with avyse, counsall, and consent of hir said father, hes takin, and be thir presents takis, the said Schir Johnne Striuiling to hir laufull husband, and ather of the saidis Schir Johnne and Margaret faithfully prornittis to compleit and solempnizat the halie band of manage togidder, in faice of Chrystis kirk and congregation dewlie as effeiris, betuix the day and dait heirof and the day of September nixtocuni, but Linger prorogatioun or delay : In contemplatioun of the quhilk mariage, and for the sowme of tocher vnderwrittin, to be payit at the termes and in maner eftirspecifiett, the said Schir Archibald StriuiHng of Keir Knycht, and the said Schir Johne Striuiling his sone, faithfullie bindis and obleissis thame, and thair airis . . . with expres avyse, consent, and assent of the said Dame Grissell Ross, spous to the said Schir Archibald . befoir the soleinnizatioun of the said mariage, dewlie, valiablie, and effectuallie to infeft and seis the said Margaret Monteith future spous to the said Schir Johnne, in hir virginitie, in lyfrent, for all the dayis of her lyftime, in all and haill the torn-, fortalice, and plaice of Gardene, with the niaynes and croftis and mylne thairof, and thair per- tinentis, and landis of Middill Gardene . . . quhilkis lifrent landis and vtheris, baith principall and warrandyce, particularlie above specifiet, the said Margaret Men- teith, with expres avyse, counsall, and consent of the said Schir "William Monteith of Kers, Knycht, her father, hes acceptit, and be thir presentis acceptis, in full contentatioun and satisfactioun to hir of hir terce and thrid of all vtheris landis, annual rentis, roomes and possessiounes quhilkis may fall and appertene to hir throw deceis of the said Schir Johnne Striuiling hir future spous, be the lawis and practick of this realnie, gif it sail happin him at the plessour of God to depairt this mortall lyff befoir her . . . And becaus of the prouision of taillie contenit in the said Schir John Striuilings infeftmentis of the fornamet landis and vtheris provydit to him be his said father to his airis maill thairin contenit, gif it sail happin him to haue na airis maill lawfullie to be gottin betwix him and his said future spous, extant on lyff the tyme of his deceis, quha may succeid to him in the saidis landis, bott allanerlie to haue dochteris ane or niae, laufullie to be procreat betuix him and his said future spous, quha will be debarrit and excludit fra all successioun to him in the saidis landis, and the samyn, failzieing of ayris maill lawfullie to be gottin betuix thame, will thairby fall and pertene to his airis maill quhatsumeuir, thairfoir and in that cais, it is provydit and agreit vpoun betuix the saidis pairteis, that failzeing of airis maill laufullie to be gottin betuix the said Schir Johnne Striuiling and his said future spous, extant on lyff the tyme of his deceis, that his airis maill quhatsumeuir succeiding to him in the saidis landis sail be haldin and
442 KEIR PAPERS. [1613.
astrictit to content and pey to the saidis dochteris, gif ther be only ane, the sowme of tuelf thowsand merkis money foirsaid, gif ther be tua, the sowme of sextene thowsand merkis equalie betuix thame, and gif ther be ma nor tua, the sowme of twentie thousand merkis equalie amangis thame, and that immediatlie eftir the deceis of the said Schir Archibald Striuiling of Keir knycht, the saidis dochteris being alwayis than past the aige of fourtene zeiris compleit, and ay and quhill they be of the said aige, the saidis airis maill quhatsumeuer salbe haldin to pey to the saidis dochteris ilk ane of thame zeirlie the sowme of thre hundreth merkis money foirsaid for thair honest entertenement ay and quhill thai be past the aige foirsaid as said is, but fraude or gyle . . . For the quhilkis causis abonewrittin, the said Schir William Monteith of Kers Knycht faithfullie bindis and obleissis him his airis, successouris to his landis, and intromitteris with his goodis and geir quatsumeuer, thankfullie to content, pey and delyver to the said Schir Archibald Striuiling of Keir, Knycht, and Dame Grissel Ross his spous, thair airis and assignais, the soume of tuelf thousand merkis good and vsuall money foir- said of this realme of Scotland, in name of tocher, with the said Margaret Monteith . . . And for performing, keiping and fulfilling of this present contract, in the haill heidis, articles, and clausis thairof, for the pairt of the said Schir Archibald Striuiling of Keir Knycht, and his said sone, thay haue fundin Schir James Striuiling fear of Keir Knycht, sone to the said Schir Archibald, cautionar and seuertie for thame . . . And for fulfilling and keiping of this present contract for the pairt of the said Schir William Monteith Elder of Kers Knycht, he hes fundin Schir John Bruce of Airth, Knycht, Schir Walter Dundas of that ilk Knycht, Schir William Mon- teith of Newlandis Knycht, Schir Johnne Bruce of Kincavill Knycht, and William Drummound of Pitcarne, cautionaris and seuerties for the said Schir William Monteith elder ... In witnes of the quhilk thing, baith the saidis pairteis and cautionaris foirsaidis haue subscryvit thir presentis with thair handis, as followis, (writtin be Johnne Robene seruitour to Johnne Williamsone, Shiref and Toun Clerk of Striuiling,) day zeir and plais foirsaidis, befoir thir witnessis, Johnne Murray of Touchadame, Schir William Erskyne Knycht, William Striuiling Fear of Ardoche, Alexander Monteith of Mongall, witnesses to the subscriptiounis of the saidis haill principall pairties contracteris abone specifeit, and of the saidis Schir William Monteith and William Drummond, tua of the cautionaris abouenominat.
Jhone Murray of Tuchadam Witness. S? W. Monteath Cationar.
W1? Erskyn Witnes. James Sterling Cationar.
William Sterling Witnes. S? W. Dwndas of yl Ilk Cationcr.
A. Monteathe Witnes. S1! Jo. Bruce of Artht Cationcr.
1623.] CHARTERS, ETC. 443
G. Dwndas Witness. W¥ Drummond, Cationar.
Ro. Dundas "Witnes. S. Akchibalb Sterling of Keir.
Patrik Bruce Vitnes. G-rissal Ross Lady Keir.
James Dicksone Witnes. S? J* Stirling.
James Sterling Vitness. Margrat Monteathe.
T. Monteathe Vitnes. Schir William Monteith Elder of
M. Jhone Edmestotjn Witnes. Kers Knycht with my hand touching
the pen of the Notaris under subscri-
vand at my command, becaus for infir-
mitie of sicht I can nocht write my self.
Ita est James Williamsone Notarius &c.
Ita est Robertus Ker notarius &c.
Obligation by Mr. John Striuiling to Sir Archibald Striuiling of Keir, Knight,
4th November 1623.
209. Be it kend till all men be thir present letteris, me Maister Johnne Striuiling, laufull sone to vmquhile Maister William Striuiling, persone and minister at Baddernok ; Forsameikill as the said presentatioun in and to the samyne, personage and viccarage teyndis, being now vacand and at the presentatioun of the rycht honorabill Sir Archi- bald Striuiling of Keir knycht, vndouttit patroun of the samyne kirk and parochin ; and haueing, out of his huff and affectioun, be his letteris of presentatioun subscryuet with his hand, of the dait of thir presenttis, nominat and presentet me, persone and minister at the said kirk duiring my lyffetyme, and in and to the haill teyndis, fruittis, rentis, and emolumentis baith personage and viccarage perteining to the samyne kirk and parochin of Baddernok ; and I in regaird thairoff, nawayis being of mynd nor intentioun to hurt or preiudge the said Sir Archibald Striuiling of Keir knycht, his airis successouris or ony vtheris quhome he sail nominat and appoynt in the rycht of the samyne personage and viccarage teyndis : Thairffoir wit ze me the said Maister Johnne, to be bundin and oblist, lyke as I be the tennour heiroff bindis and oblisis me, efter my admissioun to the said kirk, that I sail, be the sicht and determinatioun of Johnne Striuiling of Craigbarnat and Johnne Hammiltoune of Orbestoune, as judgis equallie choissen betwis the said Sir Archibald Striuihng of Keir knycht and me on that ane and vther pairtis, mak, perfyte, subscryue and delyuer to the said Sir Archi- bald Striuiling of Keir, or ony vtheris quhome he sail nominat or appoynt, sic sufficient letteris of takkis and assedatioune of the samyne personage and viccarage teyndis, or sic vther rycht or tytill thairoff, as the said Sir Archibald Striuiling sail dewyis be the
444 KEIR PAPERS. [1630.
lawis of this realme, confornie to the decreit and deterniinatioun of the saidis twa judgis, my reasonabill stipend for my service of the cuire at the said kirk, as my vmquhile father haid of befoir, efter tryell to be taikin be the saids judgis thairanent, being exceptit and reseruit : And heirto I faithfullie bind and oblis me to vnderly and obserue to the said Sir Archibald, the decreit and determinatioun of the saidis judgis, and for quhatsumever vther thingis the said Sir Archibald sail requyre be the sicht of the said judgis ... In witness whereof, written be William Cunynghame wryttar in Edinburgh, I haue subscryuit thir presentis with my hand, at the place of Keir, the fourt day of November, the zeir of God I™ vj1 tuentie and thre zeiris, befoir thir witness, Sir John Striuiling of Cardane knycht, Alexander Douglas of Maynes, William Striuiling sone to the said Sir Archibald, and the said William Cunynghame.
William Stirling vitnes. Mr. Jo? Steeling.
J. Sterling witnes.
A. Dowglas witnes.
Contract of Marriage between George Stirling of Keir and Mrs. Margaret Ross, daughter of James Lord Ross, 27th, 28th, 29th, and 31st December 1630.
210. At Halkhed, Houstoun, Drummond, Aluay, and Ardocht, the xxvij, xxviij, xxix, and last days of December, the zeir of God I? VI° and threttie zeiris : It is apointit con- tracts and fmallie agreit betuix the honorable George Stirling of Keir, with consent of his curatouris vndersubscryveand, on the ane pairt, and Mistres Margaret Ross, dochter to ane noble Lord, James Lord Ross, with consent of hir said father, and he takand the burding on him for hir, on the vther pairt, in inaner following, that is to say, The said George, with consent foirsaid, hes takine and be thir presentis takis the said Mistres Margaret to his lawfull spous ; lykas the said Mistres Margaret, with consent of her said father, hes takine and be thir presentis takis the said George to hir laufull husband, and athir of thame with consent foirsaid faythfullie promittis to solemnizate the halye band of mariage togidder, in face of Chrystis kirk and congregatioun as the ordour thairof requyris, betuix the day and dait heirof and the day of
nixtocum but langer delay : In contemplatioun of the quhilk mariage, and for the soume of tocher vnderwritin, to be payit at the termes and in inaner efter following, the said George Stirling of Keir, with consent foirsaid, bindis and obleisis him his airis maill and successouris quhatsumevir . . . to infeft and sease the said Mistres Margaret his future spous, in her pure virginitie, in lyfrent for all the dayes of hir lyf- tyme, in all and sundrie his Landis of Calder ... As also in all and haill ane
1630.] CHARTERS, ETC. 445
annuelrent of ane thousand merkis money of this realme zeirlie to be vpliftit, at Wit- sonday and Mertimes, furth of the said George his landis and barronye of Keir . Quhilkis landis annualrentis and vtheris particularlie abonementionete with thair perti- nentis, the said Mistres Margaret Ross, with consent foirsaid, hes acceptit, and be thir presentis aceeptis, in full contentatioun to hir of hir ressonable tearce and thrid of all vther landis, annualrentis, rounies and possessiounes, quhilkis may fall and perteine to hir be deeeis of the said George quhan it salhapine . . . Mairouer, gif it salhapine the said George and his said future spons at the pleasour of God to haif ane air maill procreate betuix thanie, extant on lyf the tyme of his deeeis, quha salhappine to succeid to him in the foirnamit landis and vtheris abouewretin, with the pertinentis ; in that caice the said Mistres Margaret Ross salbe haldine and astrictit and obleisis hir to renunce and gif ovir to and in fauouris of the said air maill, the foirnamit annualrent of ane thousand merkis money foirsaid, in dew and ample forme as effeiris : And becaus the saidis haill landis and leiveing of the hous of Keir ar tailziet and provydit to the airis maill of the said George Stirling, quhairthrow gif thai be na airis maill pro- create betuix him and the said Mistres Margaret Ross his said future spous, bot onlie dochteris, in that caice the samyne dochteris willbe secluydit frome all rycht and benefite of successioun to the saidis landis and leving of the hous of Keir ; thairfoir the said George Stirling of Keir, with advyse, counsall, and consent of his saidis curatouris, and they for thair entress, faythfullie bindis and obleisis him, his airis maill, tailzie, and prouisioun quhatsmnevir quha salhapine to succeid to him in the foirnamit landis and leiving of the said hous of Keir, to content and pay to the dochter or dochteris ane or ma that salhapine to be procreate betuix the said George and his said future spous, the soumes of money particularlie, ilk ane of thame for thair awne pairtis, at the termes and in manor efter devydit ; that is to say, gif thair be onlie ane dochter, the soume of tuentie thousand pundis gude and vsuall of this realme to hir ; gif thair be tua, the soume of twentie four thousand pundis money foirsaid equallie betuix thame ; and gif thair be thrie or ma dochteris procreate in the said mariage, the soume of threttie thousand pundis money foirsaid ... at thair age of fyftene zeiris compleit, quhairof the first sevin zeiris thair said mother salbe haldin and obleist to sustene and entertenye thame, and thairfra quhill they be of the age of fyftene zeiris compleit, the saidis airis maill, tailzie, and prouisioun quhatsmnevir, quha salhapine to succeid to the said George Stirling of Keir in the foirsaidis landis and leiving, thair airis and succes- souris, salbe haldine and astrictit, lykas the said George, with consent of his saidis cura- touris for thair entress, bindis and obleisses thame, ather to educate and entertenye the saidis dochteris honestlic according to thair estait and rank, ay and quhill they cum to the
3 L
446 KEIR PAPERS. [1630.
said age of fyftene zeiris compleit ; or vtherwayis, in the optioun of the saidis dochteris, to gif to thame zeiiiie for thair mentenance [certain sums, the amounts of which are left blank in the contract.'] For the quhilk causses abonewritin, the said James Lord Ross as principal]., and with him as eautioneris and
sonerties for him, faythfullie bindis and obleisses thame, and ilk ane of thame, thair airis and successom'is, conjimctlie and seuerallie, to content pay and delyvir to the said George Stirling of Keir, his airis and assignayes, the sourne of tuentie thousand merkis gude and vsuall money foirsaid of this realme in name of tocher with the said Mistres Margaret Ross his future spous ... In witnes of the quhilk thing, bayth the saidis pairties curatouris and eautioneris abonewretin hes subscryuit thir presentis with thair handis, wretin be James Somervell seruitour to Johnne Williamsoun wreter to his Majesties Signet, day, zeir, and place foirsaidis, befoir thir witnesses respectiue, viz', to the subscriptioun of the said Lord Ross, his said dochter, and the said Laird of Keir, befoir Archibald Edmonstoun of Duntrethe, William Ross of Murestoun, Mungo Stir- ling fear of G-loret, Henrye Sterling father brother to the said Laird of Keir, and James Ross seruitour to the said Lord Ross ; and to the subscriptioun of the cura- touris vndersubscryvand, the witnesses foirsaidis, and Thomas Craufourd of Newtoun, Archibald Craufourd seruitour to the Laird of Houstoun, Johnne Sterling sone to the gudman of Ardocht, James Stirling seruitour to the said Laird of Keir, Mr. Johnne Drummond seruitour to the Earle of Perthe, Alexander Stirling of Powhous, and Harye Shaw, (sic, sed lege Dow,) seruitour to the Earle of Mar respectiue.
Ae. Edmonstoune "Witnes. George Sterling of Keir.
Williame Ross Vitnes. Margaret Ross.
Mongo Stirling wittnes. J. L. Rose.
Harie Steeling Vitnes. Pertiie consents.
James Ros witnes. W? Stirling curatour consentis.
Thomas Craufurd Witnes. J. L. Erskyne consents.
A. Craufurd witnes. S? L. Houstoun Curatour.
Johne Steeling Witnes. S1? J. Steeling curator consentis.
Jhone Robesoune witnes. Glenneglis consentis.
Mr. J. Drummond Witnes to the Earle of Perth.
A. Stieling witnes to my Lord Erskine and Glenegess.
H. Dow witnes.
Patrick Howstoune Witnes.
James Sterling Vitnes.
Wyl. Muire Witnes.
1633.] CHARTERS, ETC. 447
Testament of Dame Margaret Ros, spouse to Sir George Stirling of Keir, Knight,
confirmed 5th April 1633.
211. The Testament dative and Inventar of the guidis, gear, dettis, soumes of money
and vtheris, pertening to vmquhile Dame Margaret Eos, smntyine spous to the Richt Honnorabill Sir George Stirling of Keir, knyckt, the tyme of hir deceas ; quha deceist vpone the tent day of Marche, in this instant yeir of God I? VI? and threttie thrie yeiris ; Faithfullie maid and gevin vp be the said Sir George, executour dative surrogatt in pleace of the procuratour fiscall of the Commis- sariat of Dunblane, quha was executour dative deeernit to the said defunct, be decreit of the Commissar thairof, vpone the fyft day of Apryle the yeir of God foirsaid, as actis maid thairanent proportis.
Imprimis, the said vmquhile Dame Margaret and hir said husband had pertening to thame, and in thair possessioun, the foirsaid [time], the guidis and gear efterspecefeit, of the valour and estmiatioune folliwing, to witt : Thrie hors, pryce of the peace, ic. lib. inde iijc. lib. Item, in the manis of Cadder, tuelff ky, pryce of the peace ourheacl, x lib. inde vi" lib. Item, ane bull, pryce viij lib. Item, four yeir auldis, pryce of the peace ourhead iij lib. vjs. viij^ inde xiij lib. vjs. viij* Item, ane stak aittis, estimat to ten bollis with the fother, pryce of the boll with the fother, iiij lib. inde xl lib. Item, tua stakis bear, estimat to sextene bollis with the fother, pryce of the boll with the fother, vi lib. inde iiijsx xvj lib. Item, in the girnell of the Keir, thrie scoir bollis meall, pryce of the boll vj lib. inde iijc. iij" lib. Item, the abulzeament of hir body following, in the custodie of Dame Margaret Scott, Lady Ross, togither with hir Jeullis efter- specifeit, conforme to the inventar, viz., In the frist ane goune of flourence setoune, in blak and orience flowiis layid over with gold leice, pryce vi"? xiij lib. vjs. viij1? Item, ane goune of orience pan velvet laid over with silver leice, pryce viii*x lib. Item ane petticott of millan satine, pryce i° lib. Item ane vther of grein seitine, pryce mi*" lib. Item sextine ellis of fyne florit satine to be ane goime, pryce ic. iij3? lib. Item, threttine ellis of flourit orience and greine satine to be ane goune, pryce ic. xx lib. Item ane kirk cushioune of red velvet, pryce xl lib. Item, ane chamie and ane pair of braclettis of gold, weyand , pryce thairof, iic. lib. Item, ane compleit hol-
land clothe bed. pryce ic. iii*x lib. Item, the remanent of hir vtencill and domicill, with abulzeamentis, estimat to iic: lib.
Summa of the Inventar, im ix'i mi" x lib. xiiis. 4*
448 KE1R PAPERS. [1637.
Dettis awand to the dead. Imprimis, be the tennentis of eister Cadder, &c.
Item, be the airis, executouris and intromettaris with the guidis and gear of vmquhile Dame Jeane Hameltoune Lady Kos, as left be hir in legacie to the said vmquhile dame Margaret and hir said husband, ane silver baisoime, ane silver lauver, tuelff silver spunis, weyand , pryce iiic. xxxiii lib. vjs. viij1? Item, als meikle fyne
tapestrie as wald hing tua chalmeris, pryce iiijc lib. Item ane greine dames bad, viz. bedis, bousteris, codis with blankettis, with ane greane dames mat, fyve pair of greine dames courtines, pryce iiic. lib.
Sivmma of the dettis awand to the dead, j? ixc. liii lib. vis. viij? Summa of the Inventar thairwith, iiij™ ix'. xliiij u.b Dettis awand be the dead.
Imprimis to Marie Stirling, sister to the said Sir George, x? lib. Item to Jeanie Sterling, dochter to vmquhile Sir Archibald Stirling of Keir, knycht, iiijf lib. Item to David Drumond of Comrie, i™ iij1: xxiij lib. vjs. viij* Item to Johne Fleyming in Falkirk, Johne Cowane burges in Stirling, and Mr. George Muschet at Donyng, and ilk ane of thame, vjl iij? vj lib. xiij". 4? Inde jjf lib.
Summa of the dettis awand be the dead, xvij™ iij': xxxiij lib. vjs. viij? Debita excedunt bona.
Confirmatione — I Mr. Johne Eollok Commissar of Dunblane efter laufull citatioune, &c. Dated at Dunblan 5'!' Apryle 1633.
Contract of Marriage between Archibald Stirling, eldest son of Sir John Stirling of Garden, Knight, and Elizabeth Murray, eldest daughter of Sir Patrick Murray of Elibank, Knight, 24th June 1637.
212. At Edinburgh, the twentie fourt clay of Junii, the zeir of God I" VP. threttie sevin zeiris ; It is appoyntit, aggreit, and finallie contractit betuixt the pairties following, to wit, the richt honorabill Sir Johnne Stirling of Garden Knicht, for himself and takand the burding vpoun him for Archibald Stirling his eldest laufull sone, and likewayis the said Archibald for himself, with consent of his said father, as laufull administratour to him for his entres, and them baith with ane consent and assent, on the ane pairt, and the richt honorable Sir Patrik Murray of Elibank knicht barronet, for himself and takand the burding vpoun him for Elizabeth Murray, his eldest laufull dochter, procreat betuixt him and vmquhill Dame Elizabeth Dundas his secund spous, and lykewayis the said
1637.] CHARTERS, ETC. 449
Elizabeth Murray for hir self, with consent of hir said father, on the vther pairt, in maner, forme, and effect as efter followis : That is to say, The saidis Archibald Stirling and Elizabeth Murray, with consent of thair fatheris abouenamit, faithfullie promitt and bind and obleiss them, be the faith and treuth of thair bodes, to solemnizat and compleit the band of mariage ather of them with vtheris in face of holie kirk, as Godis word dois allow, betuixt the dait hereof and the first clay of August nixtocum, but langer delay. In contemplatioun of the quhilk mariage, and befoir the solemnizatioune thairof, and for the tocher vnderwrittin heirby promittit and appoyntit to be peyit be the said Sir Patrik Murray with his said dochter, to the said Sir Johne Stirling, the said Sir Johne bindis and obleisses him, his aires and successouris, with all convenient diligence to dewlie and laufullie infeft and sais, be charter and saising, titulo oneroso, in dew and competent forme, the said Archibald Stirling and the said Elizabeth Murray his pro- meist spous, in her puire virginitie, the langest livear of them twa in conjunct fie, and the aires maill laufullie to be gottin betuixt them, quhilkis failzeing the said Archibald Stirling his narrest and laufull aires maill and assigneyes quhatsuineyir heretablie, in all and haill the toure, fortalice, and place of Garden, with the maynes, tua croftis and milne thairof, and thair pertinentis, and the landis of Middill Garden, with the per- tinentis thairof, &c. . . . And in like maner, the said Sir Johne Stirling with consent of the said Archibald Stirling his sone and lykewayis the said Archibald for him self, (now as gif he war alredie infeft and saisit in the landis of Vchiltreis efter- specifeit in manor vnderwrittin and then as now,) with consent of his said father as laufull administratour to him for his entres, bind and obleis them conjunctlie and suer- allie, thair aires and successouris, with all convenient diligence, to dewlie and laufullie infeft and sais, be charter and saising, titulo oneroso, in dew and competent forme, the said Elizabeth Murray, in her pure virginitie, in lyfrent, for all the dayes of hir lyftyme, efter the deceis of the said Archibald Stirling his promeist spous, incaice it sail happin hir to survive him, in all and haill ane annuelrent of tua chalderis victuall guid and sufficient stuff, half bear half meale, zeirlie to be vpliftit, betuixt the feistis of Zule and Canclilmes, forth of all and haill the landis of Vchiltreis Eister and Wester, coilles, coill- heuches, milne, milnelandis, nmltouris, sequcllis, pairtis, pendicles, and pertinentis thairof quhatsumeuir, or forth of ony pairt thairof, lyand within the said shirefdome of Strive- ling, and to be delyverit zeirlie the tyme foirsaid at Edinburgh or Leith, or ony vther pairt within ten myles about or distant fra the saidis landis of Vchiltreis, frie of all charges and expenssis . . . And siclyke the said Sir Johne Stirling be thir presentis sellis assigneis and dispones to and in favouris of his said sone and his said promeist spous, and thair foirsaidis, the haill plennischeing, alsweill outsicht as insicht
450 KEIR PAPERS. [1637.
plemiischeing, and the liaill cornes, hors, nolt, scheipe and vtheris guides and geir per- teneing to the said Sir Johne, presentlie being within the said maner plaice of Garden, or vpoun the ground of the landis of the niaynes thairof, to be intromettit with, vsit and disponeit vpoun be the said Archibald Stirling, and his said promeist spous and thair foirsaidis at thair pleasour . . . Reservand lykewayis power to the said Schir John Stirling to provyde his spous gif ony it sail happin him heirafter to marie in lyfrent dureing all the dayes of her lyftynie efter the deceis of the said Schir Johne, to ane annuelrent or zeirlie dewtie of aucht hundreth nierkis money foirsaid, zeirlie to be vpliftit and tane at tua termes in the zeir, Witsonday and Mertimes in winter, be equall portiones furth of all and haill the saidis landis of Vchiltreis Eister and Wester .
. And becaus the haill landis, teindis, and vtheris abouewrittin ar be the taillie abouespecifeit provydit to the aires maill of the said Archibald Stirling in maner abonementionat, quhairby the aires femaill, gif ony beis, gottin of the said niariage will be altogidder debarrit frorne succeiding thairto, thairfoir it is hereby provydit, lykeas the said Archibald Stirling, with consent of his said father as laufull administratour to him for his entres, bindis and obleissis him, and his aires maill and of tailzie foirsaidis, to content and pay to the dochteris ane or mae to be gottin of the said niariage, fail- zeing of aires maill of the samen niariage, the sowrnes of money efter mentionat, in maner efter specif eit, viz. ; if thair be ane, to hir the sowme of twentie thowsand nierkis money foirsaid, and if thair be fwa, to them the sowme of twentie foiu-e thow- sand nierkis, whereof to the eldest fyftene thowsand nierkis, and to the youngest nyne thowsand nierkis, and if thair be thrie, to them the sowme of twentie thowsand pundis money foirsaid, thairof to the eldest fyftene thowsand nierkis and the remanent thairof to be divydit equallie betuixt the vther twa, and if thair be four or mae to them twentie thousand pundis, thairof to the eldest tuelf thowsand nierkis, and the rest to be equallie divydit amangis them, and that efter they sail atteine to thair ages of fyfteine zeiris ; And in the meane tynie, quhill they atteine to thair saidis ages of fyfteine zeiris, to educat and interteinnie them honestlie and vertuouslie in meat drink and abuilze- nientis according to thair rank and degree . . . For the quhilkis caussis, the said Sir Patrik Murray bindis and obleisses him his aires, successouris, and executouris, to make guid and thankfull payment to the said Sir Johne Stirling, in name of tocher with the said Elizabeth Murray his dochter, of the sowme of ten thowsand pundis money foirsaid ... In witnes quhairof baith the saidis pairties haife subscryveit thir pre- sents with thair handis, (written be Mr. George Jamesone, servitour to Mr. Francis Hay of Balhcussie wreitter to his Maiesties signet,) day, zeir and place respectiue foir- saidis, befoir thir witnessis, Sir George Stirling of Keir knicht, William Drummond of
1638.] CHARTERS, ETC. 451
Rickartoun, Walter Murray of Livingstoun, Sir Johne Murray, gentiknan of his maies- ties privie chalmer, Mungo Stirling of Grlorat, Patrik Scot, wreitter in Edinburgh.
S? G. S. Reir Wittnes. S? J. Steeling.
W. D. Riccartoune Witnesse. S. P. Murray.
S. J. Murray Vitnes Ar° Stirling.
W. Murray Witnes Elizabeth Murray.
Mongo Stirling Wittnes.
Patrick Scott Witnes.
Contract of Marriage between Sir John Stirling of Garden, Knight, and Margaret Bruce, daughter of the deceased Sir John Bruce of Kincavill, loth October 1638.
213. At Kincavill and Edinburgh, the threttin day of October, the zeir of God J?1 VB and threttie aucht zeires, It is appoyntit contractu and finallie agriet and endit betuix the honorabill pairties following, to witt, Sir Johne Stirling of Garden knycht, with speciall advyse consent and assent of Archibald Sterling, feir of Garden, his eldest laufull sone and appeirand air, on the ane pairt, and Margaret Bruce, laufull dochter to vmquhile Sir John Bruce of Kincavill knycht, with speciall advyse, consent, and assent of Dame Jeane Druniound, Lady Kincavill, hir mother, M.r Robert Bruce minister at Aberdour, Mr Walter and William Braces, laufull sones to the said vmquhile Sir John Bruce hir brethren, and the saidis Mr Robert and Walter and Williame Braces for thamselffis, and takand burding on thame for the said Margaret Bruce thair sister, and schoe for hirselff with thair consent, and they all with ane consent and assent on the wther pairt, in maner forme and effect following, that is to say, the said Sir Johne Stirling and the said Margaret Bruce hes acceptit and takin, and be thir presentis acceptis and taikis, ilk ane of thame wtheris, for thair laufull mariet spoussis, and sail, God willing, solemnise and accomphsche the holy band of mariage, ilk ane of thame with wtheris, in face of Chrystis churche, conforme to the ordour observitt, and that betuix the dait heiroff and the day of nixtocum : In contemplatioun of the quhilk
mariage, the saidis M^ Robert, Mr Walter, and Williame Braces, be thir presentis bindis and obleissis thame, thair aires executouris and successouris, coniunctlie and seuerallie, at the compleiting and solemnizeing of the said mariage, that they sail inak guid and thankfull payment to the said Sir Johne Stirling, his aires or assignayes, of the sounie of four thowsand nierkis scottis money, as the just and equall halff of the sounie off aucht thowsand nierkis money promittit in tocher good to the said Sir Johne Stirling with the said Margaret Bruce his future spous ; as also the saidis M.r Robert, Mr Walter
452 KEIR PAPERS. [1638.
and Williaine Braces . . . to be bund ... to content pay and delyver to the said Sir Johne Stirling, his aires or assignayes, the soume of wther four thousand merkis money forsaid, in compleit payment of the said soume of auct thowsand merkis, promittit in tocher guid in manor forsaid, betuix the dait heirof and the feast and terme of Witsonday nixtocum, W YIC. threttie nyne zeires, but longer delay . . . For the quhilkis caussis, the said Sir Johne Stirling bindis and obliessis him his aires and successouris, that sua soone as the said haill soume of aueht thowsand merkis money foirsaid salbe fullie payit to him, that he sail imploy and bestow the samyn haill soume vpoun land or annuelrent, quhair most commodiouslie the samyn may be had, for infeftment and securitie to be had thairoff, and to be maid and grantit to the said Sir Johne Stirling, and to the said Margaret Brace his future spous, and to the langest leiver of thame twa in coniunctfie or lyfrent, and to the aires to be gottin betuix thame, quhilkis failzeing to the said Sir Johne Stirling his narrest and laufull aires and assignayes quhatsmnever ; and that be the sycht and advyse of the saidis Mr Robert and William Braces, as freindis nominat and condescendit vpoun, at quhais instance the executioune of this present contract is ordanit to be direct for implement and fulfilling of swa far heiroff as is conceavit in favouris of the said Margaret Bruce And farder the said Sir Johne Stirling bindis and oblissis him and his foir- saidis, with consent of the said Archibald Stirling his sone, to infeft and seas the said Margaret Bruce in lyfrent during all the dayes of hir lyftyme, in all and haill an anwel- rent of aucht hundreth merkis scottis money zeirlie to be vpliftit . . . furth of all and haill the landis of "Wchiltries . . . lyand within the parochine and shireffdome of Linlythgow . . . And farder . . . that quhatsmnever landis, heretagis, anwelrentis and soumes of money it salhappin him to conquess or acquyre in any tyme cumeing during the mariage standing betuix him and the said Margaret Bruce his future spous, that he sail provyd the samyn to himself and to the bairnes to be procreat betuix him and the said Margaret, quhilkis failzeing to the said Sir Johne his narest and laufull aires and assignayes quhatsumever : And it is heirby speciallie provydit and declarit that incaice thair salhappin any bairnes to be procreat of the said mariage contraictit heirby, that the foirsaid annuelrent of aucht hundreth merkis zeirlie to be vpliftit furth of the saidis landis of Wchiltrie, with the annualrent of the said aucht thowsand merkis of tocher to be imployit as said is, salbe in full satisfactioune and con- tentatioune to the said Margaret Bruce of all terce, coniunctfies or wtheris that schoe can anywayes ask, crave, or sute, be the deceis of the said Sir Johne Stirling, incaice it salhappin hir to survive him. ... In witnes quhairof, (writtin be Williame Bos, servitour to Hew Bos wryter in Baith,) the saidis pairties . . . have subscryvit
1643.] CHARTERS, ETC. 453
thir presentis with thair handis, dayes, rnonethis, zeir and place respective forsaidis, befoir thir witnessis, Archibald Kincaid and John Brotherstaneis servitouris to the said Sir John Stirling, Mr William Hog, Advoeat, "William Dundas, brether to George Dundas of Duddistoune, and the said Williame Ros wryter heiroff.
Archbald Kincaid Witnes. J. Sterling.
Johne Brotherstones Witnes. M. Bruce.
Jeane Drummond. M. Robert Bruce. W. Bruce.
Testament of Sir John Stirling of Gardene, Knight, confirmed, 29th May 1643.
214. The testament datiue and Inventar of the guidis, geir, soumes of money and debtis
perteining to vniquhill Sir Johnne Stirling of Gardene, knycht, the tyme of his deceis, quha deceist vpone the fyfteine day of Apryle, I™ VI". fourtie thrie zeiris, faithfullie maid and givine vp be Williame Stirling only maiore for him- seliF within the countrie, and in name and behalf of James Stirling lykways majore without the countrie, and in name and behalf of Alexander Stirling minor within the countrie, sones laufull to the said vniquhile Sir Johnne Stirling ; quhilkis Williame, James and Alexander Stirlinges are only execu- touris datiues, decernit to thair said vmquhill father bo decreit of the Com- misseris of Edinburcht, as the samyne, of the dait the tuentie fourt day of Maii, the zeir of God foirsaid, mair fullie proportis : In the first, the said vmquhill Sir Johnne Stirling had the guidis, geir, soumes of money and debtis, of the awaill and pryces eftir following, perteining to him the tyme of his deceis foirsaid, viz. Imprimis, fyve wark hors and meiris young and auld, pryce of the peice ourhead tuentie pund, summa, ane hundreth pundis. Item, tuelf oxine zoung and old, at tuentie pund the peice, summa, tua hundreth fourtie pundis. Item, audit kyne zoung and old, pryce of the peice tuentie mcrkis, summa, ane hundreth sex pund, thretteine schillinges four pennies. Item, tuentie four scheap at thrie pund the peice ourhead, summa, thrie scoir tuelf pund. Item, sawine vponne the ground thrie scoir ten bollis aittis, estimat to the thrid come, extending to tua hundreth ten bollis aittis, pryce of the boll with the fodder, fyve pundis, summa, ane thowsand fyftie pundis. Item, mair sawine thair, sevine bollis quheat, estimat to the fourt corne, ex- tending to tuentie aucht bollis quheit, pryce of the boll with the fodder, ten merkis, summa, tua hundreth fiburscoir merkis. Item, mair sawine thair, fyve bollis half boll
3 M
454 KEIR PAPERS. [1643.
peis, estimat to the fourt corne extending to tuentie tua bollis peis, pryce of the boll with the fodder, aucht nierkis, sumrna, ane hundreth, sevinteine pund, sex schillinges, aucht pennies. Item, standing in the barne zaircl, fourtie bollis aittis, pryce of the boll sevine pund, sumnia, tua hundreth fourscoir pundis. Item, mair standing thair, aucht bollis quheat, pryce of the boll nyne pundis, sumrna, thrie scoir tuelf pundis. Item, in vtenceillis and domiceilHs to the abuilzementis of his body, by the airschipe, estimat to the soume of audit hundreth pundis.
Sumrna of the Inventor in? xxiiii'ib xiii? iiir? Followis the debtis awin to the deid.
Item thair wes restine auchtand to the said vmquhill Sir Johnne Stirling, be
and remanent tennentis and possessouris of the landis of Ochiltrie and Dechmont &c . . .
Sumrna of the debtis awin to the deid, iiii? in1; lxxiiii';b iiif iiii*? Summa of the Inventor with the debtis, vii™ iii° lxxxviii'.ib xvis viii? Followis the debtis awin be the deid.
Item thair wes awine be the said vmquhill Sir Johnne Stirling, To Dauid Duncane, servand, of fie four scoir pundis. Item, to Johnne Norie servand of fie, ten pundis. Item, to Dauid Walker servand of fie, thrie pundis. Item, to Archbald Hunter, servand of fie, flour pundis. Item, to Jonnet Mu servitrix of fie, sex pund thretteine schil- linges four pennies. Item, to Jonet Eichie servand of fie, four pund. Item, to Agnes Eichie servand of fie, four pund. Item, to James Dowglas, maiser, for the few dewty of the Landis of Dechmont, tuentie nyne pund sex schillinges aueht pennies. Item, to Minister of Levingstoune, for the defunctis pairt of his zeiris stipend, thrie scoir tuelf pund auchteine schillinges. Item, to the minister off Lynlythgow, for his stipend, ane hundreth tuentie aucht pundis, for ane chalder of nieill and beir at aucht pund the boll ourhead. Item, to James Braidfitt, merchancl, for ane zeiris maill of the defunctis chaimer in Edinburgh, Threttie pundis money.
Summa of the debtis awin be the deid, iii° lxxi'.ib xviii ? Eestis of frie geir, the debtis deducit, vii1? xxvibb xviii.9 viirl To be divydit in thrie pairtis, deidis pairtis ii"? iii? xvii'.ib vis. nd.
We, Mr Tohmas Aikinheid, Mr Johne Nesbitt, Mr. David Falconer, and Mr. Eobert Nicolsone Commisseris of Edinburgh ... Sir Archibald Sterling of Garden, Cautioner . . . Subscriuit be Vmphra Dowie, dark depute of the said Commis- sariat, at Edinburgh, the xxix May 1643.
1643-46.] CHARTERS, ETC. 455
Testament of Sir Archibald Stirling of G-ardenn, 16th October 1643.
215. I Sir Archbald Stirling of Gardenn, being for the present of intent and purpose to depart out of this kingdome, and allso, (praised be God,) being perfaite both in body and maind, niakis my letter will and testament as follows : Item, I nominat Johne Stirling my sone to be my onlie exequitor and intrometter with my goods, geare and dets, and duiring the tyme of his poupillaritie and les eage, I nominat Patrik Lord Elibank, Sir Georg Stirling of Keire, Williamc Drumond of Ricartoune, Sir Walter Murray of Livingstoune, Mungo Stirling of Gloratt, and James Stirling my brother, tuitors testa- menters to him, and the Laird of Keire to be ane sine quo non, and felziing of him by deceas, my Lord Elibank and the Laird of Ricartoune, or aither of them. In witnes wheirof thir presents wreatn and subscraived with my hand at Edenburgh, the 16 day of October 1643 years.
S. Ar? Stirling.
Contract of Marriage between Sir Archibald Sterling of Garden, Knight, and Manse Murray, daughter of the deceased Sir James Murray of Kilbaberton, "24th June 1646.
216. At Edinburgh, the twentie fourt day of Junii, the zeir of God I™ VL fourtie sex zeiris, It is appointit aggreit and finalie contractit betuix the pairties following, thay ar to say, Sir Archibald Sterling of Garden Knicht, on the ane pairt, and Mauss Murray, lawfull dochter to vmquhill Sir James Murray of Kilbabertoun Knicht, procreat betuix him and Dame Katharene Weir his spous, now Lady Elibank, with expres advyse and consent of the said Dame Katharene hir mother, and of James Murray of Kilbabertoun hir brother, quha and thair airis sail have power to sute the execution, implement and fulfilling of this present contract in the haill heidis and conditiounes thairof consavit in favouris of the said Mauss, and the said Dame Katharene Weir for hir self, with expres advyse and consent of ane noble Lord, Patrik Lord Elibank, now hir spous for his entres, on the vther pairt ; in maner following, that is to say : The said Sir Archibald Sterling and the said Mauss Murray with consent foirsaid hes aceeptit and be thir presentis acceptis ather of thame vtheris for thair lawfull spousis, and faithfullie promittis bindis and obleisis thame to compleit and solemnizat the band of matrimonie betuix thame in face of holie kirk as the ordour thairof requyres, and that betuix the dait heirof and the day of nixtocum, or sooner as
456 KEIR PAPERS. [1646.
sail be thockt expedient be baith the saidis pairties. In contemplatioun of the quhilk mariage, and for the sownie of money efterspecifeit to be payit be the said Dame Katharene Weir to the said Sir Archibald Sterling in name of tocher as followis ; the said Sir Archibald be thir presentis bindis and obleisis him his airis and succes- souris, to infeft . . . the said Mauss Murray, in hir pure virginitie, in lyfrent for all the dayis of hir lyfthne, in all and haill the Landis and Baronie of Polmais, &c. . . . quhilkis pertenit of befoir to vmquhill Sir Johne Murray of Touchadame Knicht and Sir William Murray his sone, heretablie, and wer disponit be thame to vmquhill Johne Cunnynghame of Drumquhassill, and thairefter pertenit to James Cunnynghame his sone, all lyand on the northsyd of the water of Bannokburne . . . And lykwayis the said Sir Archibald Sterling be thir presentis bindis and obleisis him his airis, executouris, and assignayis, successouris to him in his landis and heritagis, to content and thankfullie pay to the sone and air maill to be procreat betuix him and the said Mauss Murray his future spous, all and haill the sowme of threttie sex thousand nierkis money of this reakne in maner and at the termes following, viz. thairof the sowme of auchtene thousand merkis money foirsaid immediatlie eftir the said sone and air maill sail be of the aige of fourtene zeiris, and the remanent of the said sowme, ex- tending to vther auchtene thousand merkis, immediatlie eftir the said air maill to be gottin as said is sail be of the aige of auchtene zeiris, togidder with the ordinar annuel- rent and profeit of the saidis sowmes, zeirlie and termlie at AVitsonday and Mertymes proportionalie, sua lang as the samyn sail remaine vnpayit efter the termes abone specifeit appointit for payment thairof. And it is convinit and aggreit betuix the saidis pairties be expres conditioun heirof, that incaice it sail happin the said Sir Archibald at the pleasour of Grod to depairt this lyfe, befoir his said sone and air maill, to be procreat betuix him and his said future spous, sail attene to the aige of sevin zeiris, that than and in that caice the said Mauss Murray, mother to the said air maill, sail bo haldin and obleist and be thir presentis with consent foirsaid, bindis and obleisis hir in the said caice, to interten hir said sone quhill his said aige of sevin zeiris, and siclyk eftir his said aige of sevin zeiris, sche also bindis and obleisis hir to interteyn hir said sone quhill his said aige of fourtene zeiris, for the quhilk intertenyment of hir said sone eftir his said aige of sevin zeiris, the said Sir Archibald and his airis sail be haldin and obleist to assigne and dispone, lykas he in the said caice be thir presentis assignes and dispones to the said Mauss Murray his future spous, the haill rest of the rentis and dewties of the saidis landis of Southfeild with thair pertinentis dew and belanging to him, mair nor exceidis the saidis thrie chalderis malt abone specifeit quhairin sche is appointit to be infeft as said is, and that of all cropis and zeiris eftir
1646.] CHARTERS, ETC. 457
the said air niaill sail atteue to the aige of sevin zeiris quhill his said aige of fourtenc zeiris, and sail niak subscryve and delyver to hir sufficient assignatioun and dispositioun of the said rest of the rentis and dewties of the landis foirsaidis the space abonewritin in the caice abonenientionat ; And siclyk it is speciallie convinet and aggreit betuix the saidis pairties be expres conditioun heirof, that incaice it sail happin that thair be no sones and airis niaill procreat betuix the said Sir Archibald and the said Mauss his future spous to succeid to the said threttie sex thousand merkis, bot dochteris and bairnes femaill procreat betuix thanie, than and in that caice the said Sir Archibald bindis and obleisis him his airis and successouris to him in his landis estait and leving to content and thankfullie pay to the saidis dochteris and bairnes femaill to be procreat of the said mariage betuix him and his said future spous for thair help and provisioun the sowmes of money following, viz. gif thair be bot ane dochter and bairne femaill, to content and pay to hir the sowme of twentie thowsand merkis money ; gif thair be twa, to content and pay to thame the sowme of twentie four thousand merkis, quhairof to the eldest the sowme of ten thowsand pundis, and to the youngest the sowme of nyne thowsand merkis ; gif thair be thrie, to content and pay to thame the sowme of threttie thowsand merkis, quhairof to the eldest the sowme of fourtene thow- sand merkis, to the secund the sowme of nyne thowsand merkis, and to the youngest the sowme of sevin thousand merkis ; and gif there be mae nor thrie, to content and pay to thame the sowme of threttie sex thousand merkis money of this reahne, quhairof to the eldest the sowme of twelff thowsand merkis money foirsaid, and to the remanent of the saidis dochteris the remanent of the said sowme, extending to twentie four thowsand merkis money, equalie and proportionalie amangis thame, and that so soone as they sail be of the aige of fyftene zeiris compleit. For the quhilkis causis the said Dame Katharene Weir Lady Elibank, with expres advyse and consent of the said Patrik Lord Elibank hir spous, for his entres, as principall, and the said James Murray of Kilbabertown hir sone, as cautionar and souirtie for hir, be thir presentis bindis and obleisis thame, baith principal and cautionar, thair airis executouris and assignayis conjunctlie and seuerallie, to content and thankfullie pay to the said Schir Archibald Sterling his airis executouris or assignayis, in name of tocher with the said Maus Murray hir dochter, all and heill the sowme of auchtene thousand merkis money foirsaid ... In witnes heirof baith the saidis pairties and cautionar hes sub- scryvit thir presentis with thair handis, (writtin be George Sibbald servitour to Johne Leirmont wryter to the signet,) day, zeir and place forsaidis, befoir thir witnessis, Sir George Sterling of Keir knicht, Williame Drummond of Riccartoun, Sir Williame Dick of Braid knicht, Sir Lwes Stewart of Kirkhill knicht, Johne Hepburne of
458 KEIR PAPEE.S. [1652.
Aderstoun, William Murray sone to the said Lord Elibank, Mr.:Lwes Stewart sone to the said Sir Lwes, and the said Johne Leirniont.
G. Keir Wittnes. S. Ard. Stirling.
W. D. Riccartoune Witnesse. Males Murray.
S? William Dick Witnes. Katherein Weir.
S. L. Stuart Witnes. Elebank consentes.
L. Stuart Witness. J. Murray.
J. Hepburne Witnes.
William Murray Witnes.
Jo. Leirmont Witnes.
Commission by the Shire of Stirling to Sir George Stirling of Keir, Knight, and Sir Mungo Stirling of Glorat, Knight : [between 25th March and 19th August 1652.]
217. We vnderwritters, of the Sherefdome of Sterlinge, being authereized and recjuyred by the Parliament of the Common wailth of England to elect tuo persones of knowin integritie, and who have declaired ther consent that Scotland be incorporat into and maid on Common walth with England ; with pouer on our behalf to meitt with the rest of the Deputies of Shyres and Borrowes, at Edinburgh at or befor the nynteinth day of August, on thousand six hundreth fiftie tuo ; and ther, by vote of the major pairt of Deputies present, to elect fourtein persones to represent all the shyres of Scotland, con- sentinge to the vnioun as afforsaid, and sivin persones to represent all the boroughes consentinge as afforsaid, to attend the Parliament of England, or such as they shall appoynt ; as is derectett by ther Declairatione, beiringe daite the fyve and tuentith day of Marche, on thousand six hundreth fiftie and tuo ; and to have full pouer for effectinge the maitteres expressed in the said Declairatioune : Doe give and grant, for ws and in our name, and in the name and behalf of the said shyr, vnto Sir George Sterling of Keir kneight, and Sir Mungo Sterlinge of Glorat, kneight, full pouer to attend the Parliament of England, or such persones as they shall appoynt, for effectinge the mat- teres expressed in the said Declairatione ; and to doe all thinges requeiseit for the perfytinge of the said vnioun : Holdinge firm and stabell what shall be so done by our saides Deputies, to all intentes and purposes as if we our selves had bein in persone present and done the same.
William Ballze. S? Jo. Rolock of Bannockburne.
S? A?? Sterling. S? W* Livingstoun of Wastquarter.
J. Seitoune. W'V Livingstoune.
1652.]
CHARTERS, ETC.
459
S? Alex? Livingstoun. RoT Rolock. Jo. Short. Lackie of that ilk. Tho. Bruce. James Lenox. A=? Row. James Sterling. James Cuthell. John Staek. David Forrester. David Muirhead. Allexe Callander. Allex? Livingstoun.
AlLEX? SlMERVELL.
John Forrester.
W5.1 Calander.
J. GlRNLAY.
RoT Forrester.
RoT Forrester.
James Alex?
John Baladeln.
Jo. Buchanan.
J. Forrester.
John Sterling of Harbershyr.
John Lenox of Branchogill
Walter Buchanan.
A?? Row.
James Munteith.
W» Dick.
Jo. Buchannan.
Declaration by Sir James Levengstonc of Kilsyth and Sir Mungo Stirling of Glorat,
1652.
218. Wheras wee ar informed that Mr. "William Freir, on of the subcommissionars for sequestration, hes called for the rentall of the lands belonging to Sir George Stirling of Keir, as falling vnder the compas of Sequestration, for haveing entered England with the King and Army, and the said Maister William Freir gives ws for prooffes and informers that the said Sir George entered England ; —
I Sir James Levengstoune of Kilsyth, doe vpon my honour and conscience declair, that the said Maister William Freir is a persone altogither vnknawn to me, and that I never spook with him in that nor no other particular. Kilsythe.
And in lyk maner, I Sir Mungo Stirling of Glorat, doe declair vpon my honour and conscience, that Sir George Stirling entered not England at all. As witness thir presents subscryved at Edenburghe, the day of , on thousand sex
hundreth fiftie tuo yeares, befoir thir witnesses, William Drummond of Riccartoune, John Stirling and Archebald Sterling.
S. M. Stirling.
460 keir papers. [1652-53.
Order by the Commissioners on Forfeited Estates, to Respite the Estates of Sir George Sterlinge and Sir Mungo Sterlinge from Sequestration, 15th September 1652.
By the Commissioners for Confiscate and Forfeyted Estates, etc., in Scotland, Lieth, 15th September 1652.
219. Wheras the Estates of Sir George Sterlinge Lairde of Kierr, and Sir Mungo Ster- linge Laird of Glaratt, haue lately been sequestred, as persons that entred England with the Scots Arcnye that went to Worcester ; and for as much as they offered to prooue, that at that time of the Armies advance into England, they deserted the same certeyne miles on this side the English borders : vppon hearinge their witnesses, who giving this testimony that they were not vppon English ground ; and they prayinge that accordingly theyr Estates might bee freed from Sequestration :
Ordered — That the sayd Estates of Sir George Sterlinge and Sir Mungo Sterlinge be respited at present from sequestration, and the Sub-Commissioners in that precinct are hereby desired and required to forbeare the same ; always provided that the sayd Sir George Sterlinge and Sir Mungo Sterlinge giue in securitye to the said Sub-Commissioners, to the Keepers of the Liberties of England, &c, to the vse of the Commonwealth, to be responsible for the rents of their sayd estates, as also of theyr personall estates, accordinge to the Inventary already taken by the said Sub-Commissioners, from this day, in case hierafter they or eyther of them shall bee prooven to haue envacled Eng- land with the late Kinge of Scots.
Ed. Btles. R. Saltonstall. Sa. Disbrow.
Pass by Oliver Cromwell to Sir George Sterlyn, 14th October 1658.
220. These are to require all Officers and Souldiers vnder my command, to permitt and suffer this Bearer, Sir George Sterlyn, and his servant, with theire horses, travelling armes, and necessaries, quietly to passe from London into Scotland, and to returne, with- out any trouble or molestacioun : And I doe hereby require all Mayors, Bayliffs, Post- masters, Constables and other Officers, whome it may concerne, to furnish the said Sir George Sterlyn with three or more able post horses and a guide, from stage to stage, from London into Scotland and back againe ; he paying the vsual rates for the same.
1654.]
CHARTERS, ETC.
461
Herof you are not to faile. Given vnder my hand and seale, the 14"' day of October 1653.
Contract of Marriage between Sir George Stirling of Keir, Knight, and Anna Nieolson, second daughter of the deceased Sir Thomas Nicolson of Carnock, Knight, 2nd February 1654.
221. At Edinburgh, the second day of Februare, the year of God I? vil fyftie four yeires : It is appointit, contract-it, and finallie agreed betuixt the honorable pairties undernamed, to witt, Sir Georg Stirling of Keir knight, on the ane pairt, and Anna Nicolsone, second lawfull daughter to the deeeist Sir Thomas Nicolson of Carnock knight bar- ronet, with advyse and consent of Dame Isobell Henrysone hir mother, and of Sir Thomas Nicolson, now of Carnock, knight barronet, hir brother german, on the other pairt, in maner, forme and effect as after followes : That is to say, the saids Sir Georg Stirling and Anna Nicolson with advyse and consent forsaid hes taken and acceptit, and be thir presents takes and acceptis vthers for their laufull spousis and faithfullie promiss to marie, solemnizat and compleit the laufull band of matrimonie, either of them with vthers, betuixt and the day of nix to cum, or
sooner, as the saids pairties shall think expedient. In contemplation of the which mariage, the said Sir Georg Stirling of Keir knight, be the tennor hereof faithfullie, binds and obleisis him and his airs and successors whatsumever, with al convenient dilligence, duelie, valiablie, and sufficientlie, to infeft and sease, be charter and seasine in clue and competent forme, for the tocher after specifiet, the said Anna Nieolson his future spous, in hir pure virgimtie, before the compleiting of the said mariage, in lyfrent for all the dayes of hir lyftyme, in . . . the lands of Auldkeir, &c. And to the effect the said Sir Georg his heall old estait, lands and living now per- teining to him, with all and whatsumeuer conqueis to be maid and acquired be him during his said mariag with the said Anna, may and sail come and belong to the airs maill laufullie to be gottin betuixt him and the said Anna Nicolson his future
3 N
462 KE1R PAPERS. [1654.
spous, which faillieing to his nearest laufull airs maill to be gottin of his bodye, which faillieing to his other airs rnaill, taylie and provision nominat or to be nominat be him be any tailzie or provision maid or to be maid be the said Sir Georg there- anent ; the said Sir Georg bindis and obleissis him and his forsaids not to dispone, give nor provyde any of his old living and estait, nor of any eonqueis to be maid be him during the said manage, to no bairn nor bairns to be gottin be the said Sir Georg with any other spouse or spousis to be married be him, if any be efter the deceis of the said Anna, in prejudice of the airs maill to be gottin betuixt him and the said Anna his future spous, their succession therto and bruicking therof after him ; Alwayes this clause, and taylie or provision maid or to be maid to the effect forsaid, no wayes to hinder nor pjrejudge the said Sir George in vseing and disponing vpone his estait as he shall have necessarly to doe in his said lyftyme and sail think fitt, not pre- judging the airs maill to be gottin betuixt him and the said Anna be giving provyding or disponing of any of his said estait, or eonqueis to be maid in the said mariage, to any bairn or bairns to be gottin in any oth^ of.his mariadge or mariadges : And in caice it shall happin that ther be no airs maill gottin betuixt the said Sir Georg and his said future spouse in the said mariage to succeid to him in his lands and eonqueis forsaid, then and in that caice the said Sir Georg binds and obleissis him and his airs maill, taylie and provision succeiding to him, to content and pay to the daughters ane or mae if any shall happin to be gottin in the said mariag the soumes following, viz. if there be but one daughter to pay to hir the soume of tuentie thousand merkis money of Scotland, and if there sail be tuo daughters to pay to them the soum of tuentie thou- sand punds money foresaid, whereof tuelve thousand punds to the eldest daughter, and aught thousand punds to the youngest daughter ; and if there shall be three or mae daughters of the said mariage, then to pay to them the said soume of tuentie thousand punds, whereof the one half to the eldest and the other half to the rest of the saids daughters equallie amongst them at their ages of fyftein yeires compleit ; and in that mean tyme the said Sir Georg, and his saids airs maill taylie and provision above writtin shall educat, and bring vp, furnish, mantein, and sustein the saids daughters in meat and drink, cloathing, beding, burding, learning, at sehooles, and other vertew, honestlie and honorablie, according to then1 ranks and estaits, of all yeirs and terms continowallie from their fathers deceis, whill they winn to their ages successive forsaid, whereat they sould have payment of the forsaid soumes in maner respective above- mentionat . . . And incaise it sail happin that ther be naither air maill gottin in the said mariage to succeid the said Sir Georg in his old estait and eonqueis to be maid be him in the said mariage, nor yet no daughters to whom the foresaid soumes les or mair shall be payed ; then and in that caice the said Sir Georg binds and obleisis
1654.] CHARTERS, ETC. 463
him and his aires and successors whatsuniewer. duelie and laufullie to infeft and sease the said Anna Nicolson his future spous in lyfrent for all the dayes of her lyftinie, in all and heall the lands of Wester Coig, Wellcoig, Bearhokne and Westpoffle, with their housses, biggings and pertinents whatsuniewer, lyand within the said barrony of Keir be annexation, and the said shirrefdom of Peirth, and that by and attorn- the forsaid former provision prowydit to the said Anna of the forsaid other lands and tejTids in lyfrent in maner forsaid and togither therwith . . . For the which causes, and als forsameikle as be decreit and proces of apprysing led and deduced at the instance of the said Anna Nicolson, againes John Earl of Crawfurd and Lindsay before messenger and his colleges within the new Session hous of Edinburgh, vpone the first day of Junii I? VIC. fyftie three yeires, the said Anna obteined laufullie apprysed to hir from the said John Earl of Crawfurd and Lindsay, and all others having or pretending to have intres, all and sundrie . . . the lands and barrony of Pit- cruvy &c. . . . Therfor and for the caussis above specifeit, the said Anna Nicolson as having right in maner forsaid, sells, annalzies, and dispons to the said Sir George Stirling of Keir knight and his airs and assignayes heretablie, all and sindrie the foir- saids lands, barronies, milnes, woods, fishings, teynds and others particularlie and gene- rallie above specifeit, apprysed from the said John Earle of Crawfurd and Lindesay . In witnes quhairof, (written be Mr. William Cheislie servitor to John Simple writer to the signet,) the saids pairties have subscrivit thir presents with their hands day, moneth, year of Cod, and place above writtin, befor thir witnesses, Sir Thomas Nicolson Lord Advocat, Sir James Foulls of Collingtoun knight, Sir Archibald Stirling of Carden, William Drumond of Rickartoun, Thomas Druniond fiar thereof, Thomas Nicolson of Leswad, John Nicolson brother german to the said Thomas Nicolson, Alexander Drumond son to the said William Drumond of Rickartoun, the said John Simple, and Walter Ewing his servitor, and the said Mr. William Cheislie.
Tho. Nicolson vitnes. G-. Keir.
S. Ja. Foullis witnes. A. Nicolson.
Ar. Stirling witnes. Tho. Nicolson consents.
W. Riccartoun witnes. J. Henryson.
Thomas Drumond witnes.
Tho. Nicolson witnes.
John Nicolson witnes.
Alexr. Drumond witnes.
John Simple witnes.
Will. Cheislie witnes.
W. Ewing witnes.
464 keir papers. [1655-56.
Petition by David Lord Cardross, and Sir George Sterling of Keir, Knight, to the Protector's Council in Scotland, circa 1655.
222. To the Right Honorable His Highnes Coimcell in Scotland for the government therof ;
The hunible petition of David Lord Cardross, and Sir George Stirling of Keir. knight, for themselves, and in name and behalf of the wholl heritours and inhabitants of the parishes vnderwritten, Humbly Skeweth, That the parishes of Dunblane, Kilmadock, Kincardin, Port, Aberfuill, Calander, Kip- pen, Leckrop, and Logie, ar within the shirreffdom of Perth, albeit some of the saids parishes be 36 myles distant from Perth, and the neirest of them be 24 miles tharfra ; so that the heritors and inhabitants of the saids parishes, in the persut and defence of actiones, ar put to very great expensses throw ther distance from the heid burgh of the shire, wher the Court sitts ; as also when poyndings ar vsed in these parishes, the poynded goods become vseles to pairties concerned, befor they can be caried to Perth, (which in such cases most be done). And in regaird the forsaid parishes ly contigue and adjacent to Stirling, some of them within 3 miles, and the farrest within ten miles, and that it wer a great ease to the people to be joyned to the shirreffdom of Stirling. May it please your Lordships, for the good of the people, and because of the vicinity of the foirsaids parishes with Stirling, to joyne them to the shirreff- dom of Stirling, and jurisdiction therof ; and that your Lordships will exempt them from the jurisdiction of Perth. And they shall ever pray.
Cardross. G. Sterling.
Licence by General Monck to Sir George Sterling, 6th November 1656.
223. Permitt the Bearer heerof, Sir George Sterling, to keepe one horse above the value in the Proclamation, att Calder, or Keere, and to passe with the same about his occa- sions without molestation ; hee engaging under his hand to Colonel Reade, to pay treble the value in case the same shall bee taken from him by the Enemy. Given under my hand and Seale att Dalkeith, the 6th day of November 1656.
w
To all Officers and Souldiers, and others
(j^^^m/^
whome these may conceme. Seal affixed : A Cheveron between three Lion's heads erased. Crest a Wyvern.
1660.]
CHARTERS, ETC.
465
Commission by the Shire of Linlithgow to Sir Archibald Stirling of Garden, Knight,
27th January 1660.
224. Wee, the Noblemen, Gentilmen and Heritours, with the Justices of Peace of the Shire of Linlithgow, Doe heirby give full powar and coniniissioun to Sir Archbald Stirring of Garden knight, to convein and rneit at Edinbrugh, the second clay of February nixt, with the Conunissionars of the other Shires of this Natioun ; and ther in our names and vpoun our behalfe, to propone, agitat, and give in articles and propossills tending for the good and releife of this Natioun, and pressing grivances and burdines thereon in generall, and on the estate of the Shirreffdonies, and our Shire in particular ; and if it sal be thought necessarie and convennent, to make choyce of Conunissionars, one or more, to represent by supplicationes, with instructiones of the same, to the parliament of England, or the Lord Generall Monck, or ony otheris who sail be impowred and com- missionat from them ; and to treat, voyte, and conclud in all thingis tending and conduce- ■ ing for the weill of this Natioun in generall, and for the Shirreffdonies therof, and our Shire in speciall ; conforme to the particulars generally and particularly conteined in the particular missive direct to ws for that effect ; and to doe therin what with commone consent of the saidis Comniissionaris sail be found expedient to be done, sicklyk as we might doe ourselfes if we wer personallie present : In witnes quhairof wee have sub- scryved tb.ii- presentis, at Linlithgow, the twentie sevinth day of January, 1660.
Bl* W. Sandelandis. Jo. Dundas. w. coltjill. j. lockhabt. Patrik Moray.
J. Fairholme. W. Hamilton, w. schairp. Tho. Hamilton. S? L. Steuart.
Thomas Drummond. J. Stuart. RoT Drumond. J. Hamilton. Ja. Dundas. Walter Ker. Jo. Hay. Andro Ros. James Hamiltoun. R. Hamilton.
Petition by Sir Mungo Stirling of Gloratt to King Charles II. 1660.
225. To the King's Most Excellent Majestie, the Humble Petition of Sir Mungo Stirling
of Gloratt, In all humilitie sheueth,
That your petitioner hauing ingaged himselfe and freindes in his late Majesties
service, under the command of James Marquis of Montross, was unfortunatlie teakne
466 KEIR PAPERS. [1662.
prisoner at the battale of Philiphache, caried to the citie of Glasgow, and ther com- mitted. During the tynie of his committment his lands wer exceidinglie wasted and spoyled throw quartring and plundring ; and to fill up the cupe of his suffering a considerable fyne was imposed vpon him, which, with his former sufferings and thoes of late, did put his estate in such a totering conditione as he was not able to keipe it from falling into peices.
And now since it hath pleased the Almightie to bestow your sacred Majestie vpon us, as a returne from heaven of our teares and prayers ; your petitioner doeth most humblie beseiche your Majestie to teake his faithfull and loyale services, (which hath occasioned a ruine of his fortune in a pairte, and the hasarde of what remaines,) into your princlie consideratioune ; that what was teakne from him as a punishment (may by your Majestie be graciouslie restored to him as a rewarde) of his loyaltie ; and prayeth yoiu- Majestie will be graciouslie pleased toe that effect, to recommend this his just petitioune to your succeeding parliament in Scotland, or Lord Commissioner for parliament, that your petitioner may be impoured to proceid legalie against the persounes to whom the said fyne was giuen, for refunding it to him ;
So your petitioner prayeth for your Majestie's long lyfe and prosperous rainge.
Whitehall, 22 November 1660.
His Majestie is gratiously pleased to refer this petition to the consideration of his
Parliament in Scotland.
Lauderdaill.
Discharge by John Stirling of Bankell to Sir George Stirling of Keir, Knight,
28th January 1662.
226. Be it kend till all men be thir present letters, me, Johne Stirling of Bankell, air servit and retourit to vniquhill Williame Stirling of Bankell, quha wes aire of vmquhill Wil- liame Stirling of Bankell, his father, third lawfull sone to vmquhill Sir Archibald Stir- ling of Keir knight, my gudesire : Forsameikle as the said vmquhill Sir Archibald, be his lettre of tak, daitit the tuentie third day of Maii 1™ VI" and four zeiris, as princi- pal! takisman of the teyndscheaves wnderwritine, sett in tak and assedatioune to the said vniquhile Williame Stirling his third sone, and his airis meall, off all and haill the teynd scheaves of the landis of Bankell, with the pertinentis, lyand within the parochine of Baldernock, and Shirefdome of Stirling ; and that for the said Williame Stirling his lyftyme, and thaireftir for the space of nyntine zeiris ; payand thairfoir zeirlie to the said vmquhill Sir Archibald, his airis successouris and assigneyis, the number of fyftine bollis teynd meall, or elss the sowme of thrie shillingis four penneis Scottis money for
1664.] CHARTERS, ETC. 467
ilk boll thairof, in the optioune of the said Williame Stirling and his foirsaidis, yeirlie at the terme of Mertinies ... as the said letter of tak, conteining ample warran- dice, at mair lenth bcares : And now for certane onerous causses and consideratiounes, done to me be Sir George Stirling of Keir, knight ; Wit ye me, as air be progres to the saidis vniquhill Williame Stirling of Bankell elder and younger, to have renunced . . . the foirsaid letter of tak of and concerning the teynd sheaves of the saidis landis of Bankell, to and in favouris of the said Sir George Stirling and his airis, with all headis, articles, claussis and conditiounes thairin eonteined, for now and evir. In witnes quhairof I have subscrivit thir presentis, (writtine be David Moir Shireff Clerk of Stirling,) at Edinburgh, the tuentie eight day of Januar, the yeir of God 1™ vic. thrie scoir tua yeiris, befoir thir witnesses, Sir Archibald Stirling of Garden knycht, ane of the senatoris of the Colledge of Justice, and the said David Bloir, wreater heirof. D. Mont Witnes. S. Ar? Stirling Witnes. J. Stirling.
Testament of Sir George Stirling of Keir, 1st March 1664, &c. '
227. Being vexed aboue this yeir past with a sore paine in my legs, I purpose God willing, to goe to Edenburghe to use the ordinarie meanes for freing me therof in time coming ; But if it please God so to dispose as not only the use of meanes prove ineffectuale, but that deathe ensewe, and this mortall tabernacle be disolved, I trust in the mercies of God throughe the alone merite of Jesus Christ my Saviour, to haue ane house not made with hands but eternall in the heavens, when deathe shall arreist ; I not only recomende to (bot conjure) my Lord Garden my cousin, for the mutuall affection hes been betwixt us, not to let cut wp, [or bowell my body,] but to interre my body in my Be in Dumblaine Kirke, without showe, trumpets or convening any but freindis at ane neir distance, and that with deeencie and diligence.
I dowbt not but he will remember and perforate to Rachell Hendersone, cousine to my laite deare wife, what past betwixt ws at Keir some few dayes efter hir funeralls.
To Mungo Campbell I appointed to be giwen be my Lord Carden thrie hundrethe niarkes as a token for his eairfull and kyndly attending me the time of my infirmitie.
To James Bairde my foote man thrie score markes to help him, being seickly and infirme.
To Alaster M'Lairan, who served me thir four yeirs past ane hundrethe markes Scots.
1 There are duplicates of this Testament at Keir. The variations between them are here placed within brackets.
468 KEIR PAPERS. [1673.
For verification of the premisses I have writen and subscrived the premisses at Keir, 1 : Marche 1664. G. Keir.
Also I appoint all my body-cloathes, (except my Make velvet coate, and the silver and gold belt,) to be giwen to Mungo Campbell.
To Harie Sterling, sone to John Sterling of Quoigs, I appoint thrie score pownds Scots to be giwen, [becaus he sometime served me.]
And thir sniale legacies I appoint to be payed by my Lord Carden.
The wirginells in the laigh toure in the Keir, I appoint to be giwen to the Lady Carnocke younger, having promised hir them, being at Carnocke as I came east.
3 August 1664.
The virginells to be keipt and not to be giwen, in regairde of the melancolie con- dition the lady is in throughe the deathe of hir husband.
15 May 1665.
What I appointed on the other side for James Bairde, I heirby recalle, since he hes left my service.
Testament of Sir George Stirling of Keir, Knight, confirmed 11th December 1673.
228. The Testament datiue, and Inventar of the moveable guidis, geir, debtis, and sournes of money, (except airship,) cjuhilk pertained and belonged to the deceist Sir George Stirling of Keir knight, the tyme of his deceiss, who deceist in the moneth of June, I5? vjc. thriescoir seaven years, within the parochin and commissariat of Dunblane, faithfullie maid and given up be Sir John Stirling now of Keir knight, executer dative decernit to the said defunct, be decreit of the Commisser of Dunblane, as ane act made therupon, deatit the elevinthe day of December I? vj° and sevintie thrie yeirs bearis.
Inventar.
Lnprimis ; the said executor declares that the said defunct hade na cornes, catell, horss, nolt, or sheip, or vther guids and geir pertaineing to him and in his posses- sione, tyme foirsaid of his deceiss, except two horss, with thair furniture, estimat both to jc. xxxiijhb- vis. viij* Item his domiceills and aboulziementis of his bodie estimat to yjc. lxvj,ib- xiiis. iiijd
Summa Inventarij — viijl ,ib'
Debtis resting to the defunct.
Imprimis ; be hes tenents and vassalls, for ferme duty and steilboll guidis, I"' iij*:
1676.] CHARTERS,' ETC. 469
xxxiijift- vif viij"! Item, be Sir Thomas Nicolson of Carnock, vjl lxvj''b' xiii". iiij1! Item, be the Laird of M'Lean ij? lib- _ Item, be M'Greigor in Rannoch j™ iij": xxxiijhb- vj5. viij4 Item, be the Viscounty of^Kilsyth, conforme to a decreit recovered be' the defunct against him, I? iij°. llb-
Summa of the saidis debts, vi? vjl xxxij1'b- vjs. viij?
Siunma of the said Inventar and debts, vijm iiij" xxxijlib-vjs. raj* Debts resting be the defunct. Imprimis, to Mr. George Stirling in Glesgow, vj? iij° xxxiijlib- vjs. viij1? Item, to William Ker in Dunblaine VJ1 lxvjlib' xiijs. iiij'! Item, to Mungo Campbell at Knock- hill, v^ lxvjlib- xiiis. iiiid
Summa of the samen debts, vijf vjc. lxvjllb' xiii5. iiij*
Debita excedunt bona.
CoNFIRJIATIONE.
I, Robert Bruce of Bordie, Comisser of Dunblane, etc. . . John Stirling of
Kippendavy, cautioner . . att Dunblane, the elevinth day of December, 1673.
Contract of Marriage between Sir John Stirling of Keir and Dame Lillias Colquhoun, eldest daughter of Sir John Colquhoun of Luss, 2nd March 1676.
229. Att the Cannongate foott, the second day of March, Vf VT thriescore sixtein : Forasmuch as their was ane minut of contract matrimoniall past betuixt the honorable pairties following, to witt, Sir John Stilling of Keir vpon the ane pairt, and Sir John Colquhoun of Luss, for himself, and as takeing burdein for Dam Lillias Colquhoun his eldest daughter, and now spous to the said Sir John Stirling, vpon the other pairt, of the date, att the Cannongatefoott, the second day of December, I™ VT: seventie fyve yeires ; whairby, for the mariage theirin contracted and theirafter solemnized betuixt the said Sir John Stilling and the said Dam Lillias Colquhoun, the said Sir John Stirling is bound and obleidged to infeft and sease the said Dam Lillias Colquhoun, in lyfrent dureing all the days of her lyftyme, in his maner place of Calder and office houses theirto belonging, and in so many of his Lands of the west end of his barrony of Calder, as will extend to four thousand merks of yearlie rent, besyds kaynes, services, and customes ; to be bruiked and enjoyed by her dureing her lyftyme incaice she sur- vive him, to be holden in maner vnderwritten, and also the said Sir Johne Stirling is obleidged to doe and performe the other obleidgements and conditions afterspecified in maner vnderwritten ; whilk minut of contract both the saids pairties are obleidged to extend in maner after mentionat as the samen more fullie beares : And now both the
3 o
470 KE1R PAPERS. [1676.
saids pairties being willing to extend the said minut of contract as followes ; Thairfor the said Sir John Stirling of Keir, for implement and fulfilling of his pairt of the said minut anent the extentione of the samen in maner afterspecified, binds and obleidges him his aires and successors, to deulie validlie and sufficientlie infeft and sease the said dam Lillias Colquhoun his spouse in lyfrent, dureing all the days of her lyftynie, in all and heall the said maner place of Calder, with the yairds, orcheards and office houses belonging theirto, and in all and sundry the landes and others afterspecified, to witt in all and heall the Landis of Kirktoun of Calder, etc. . . . And farder the said Sir Johne Stirling of Keir binds and obleisses him and his aires whatsumevir, to provyd and resigne his heall lands liveing and estate whatsomever, for new infeftment of the samen to himself and the aires male procreat or to be procreat betuixt him and the said Dam Lillias Colquhoun his spouse, quhilkis faillieing to tke aires male of his oune body of any other marrage, qukilkis faillieing to his neirest aires male whatsomever, quhilkis faillieing to his airis and assigneyes whatsonievir : And in respect that the daughters are secludit from the estate ; theirfor faillieing of airis male of this marriage, the said Sir Johne Stirling of Keir binds and obleidges him and his other aires male succeiding to him, to pay to the daughters of this marriage, the portiones following, to witt, if their be bot on daughter the soume of twentie fyve thousand merks, and if their be two daughters the soume of threttie thrie thousand merkis, whairof twenty thousand merks to the eldest, and threttein to the second; and if their be thrie or more daughters fourtie thousand merk, whairof eightein to the eldest and the rest to be equally divydit, and that att their ages of fyftein yeires ; and in the meane tyme to intertaine and educat them as becomes : And vpon the other pairt ; Whairas the said Sir Johne Colquhoun of Luss be the forsaid minut of contract is obleidged to pay to the said Sir Johne Stirling his aires or assigneyes, in name of tocher with the said Dam Lillias Colquhoun, the soume of tuentie thousand merks Scotts money, the one half att Witsonday nixt, and the other half at Mertimes next : Thairfor the said Sir Johne Colquhoun of Luss binds and obleidges him his aires executors and successors off new againe to pay to the said Sir Johne Stirling of Keir his aires or assigneyes, the said soume of twentie thousand merks, in maner and att the terms above and afterspecifiet, to witt, the one half theirof extending to ten thousand merks at Witsonday nixt, and the other half att Mertimes also nixt, with ane thousand merks of penaltie for ilk terms faillie, and annual rent for each of the said proportiones furth and fra the termes of pay- ment theirof whyle the payment of the samen ; And this in satisfactione to the said Dam Lillias Colquhoun and her said husband of all farder bairnes pairt of gear and portione naturall that they can clame or crave be deceise of her father and mother
1679-82.] CHARTERS, ETC. 471
when it happins. ... In witnes whairof, (written be Hugh Patersone serviter to Hugh Patersone of Bannockburn writer to his Majestie's Signet,) both the saids pairties have subscribet these presents, day, moneth, yeir of God and place above written, before these witnesses, Johne Erie of Crawfurd and Lindsay, William Erie of Dundonald Lord Cochran, Sir Archibald Stewart of Blackhall, James Seton of Touch, Sir Johne Cunynghame of Lanibroughton Advocat, Archibald Stirling of Carden, and James Stirling, breithrin to the said Laird of Keir.
Crafurd Lindesay Witnes. S? J. Stirling of Keir.
Dundonald Witnes. Lilias Colquhoune.
A. Stewart Witness. Jo. Colquhoune of Luss.
J. Setone Witnes.
A. Stirling Witnes.
James Stirling Witnes.
John Cunigham Witnes.
Protection by James, Duke of Buccleugh and Monmouth, to Sir John Sterling, 24th
June 1679.
James, Duke of Buccleugh and Monmouth, Earl of Dalkeith and Doncaster, Lord Scott, and Askdale, Tindall and Whitchester, General of His Majesty's forces, &c. 230. All Officers, Souldiers and others whom it may concerne, are hereby strictly charged and required not to offer any injury or violence to Sir John Sterling, Ins house, servants, and tenants att Keir, and that they presume not to seize or take away any horses, goods, cattle, or other thing belonging to any of them ; as they will answer the contrary att their perill. Given att the Camp att Long Tyke this 24'.h day of June 1679.
Testament of Sir John Stirling of Keir, Knight, 12th June 1682.
231. Att the place of Keir, the twelve day of Junij, I1? VIC. four scoir two yeires: The quhilk day, the rycht honorabill Sir John Stirling of Keir Knyght, haveing resolvit for setling his worldlie affaires and business, does mack his Lettre will and testament, as
472 KEIR PAPERS. [1682.
eftir followes, wherby lie nonrinats and appoynts John Stirling, his eldest lawfull sone, to be his sol executom1 and vniversall intrommettar with his haill goods, geir and debtes ; with power to him, or his Tutors eftirmentionat, or any ane of them in his name, to give vp Inventar therof and of his debts, in and out, confirme the sanryne, and to doe evry vthir thing necessar or incumbent to the said office. Item, he does heirby declare, that he is adebted and awand to James Stirling, his second laufull sone, the sowme of fyftein thowsand inerks Scotts money ; to William Stirling, his thrid laufull sone, the sowme of twelve thowsand merks money foirsaid ; and to Lillias Stirling his laufull dochter, the sowme of aughtein thowsand merks money ; quhilkis respectiue he heirby ordaines his said executour to content and pay to his said childring, in maner, and at and vpon the ternies and conditiones speciallie mentionat and conteinit in the bands of provisioun respective grantit be him theranent ; togither with his haill vther just and lawfull debts awand be him to his vther creditoiu'is : Lykeas he does heirby nominat and appoynt Dam Lillias Colquhoune, his weellovit spous, with the ryght honorabill James Marqueis of Montrose &c, John Marqueis of Atholl &c, and Sir James Colquhoun of Luss, knyght and baronet, James Seatoun of Touch, William Murray of Spot, Georg Murray, ane of the lieutennants to His Majestie's troop of guards, Captain James Stirling, for present at Hull in England, his vncle, and Mr. Francis Stirling his sone, Archbald Stirling of Garden, James Stirling his brother germane, Georg Stirling of Herbertshyre, John Stirling of Klppendavie, Captain John Stirling of Craigbarnet, Georg Stirling, chirurgian burges of Edinburgh, and William Stirling, Regall Clerk of Glesgow, to be Tutors and Overseers to the saids John, James, William and Lillias Stirlings his childring, during their pupillaritie and nonage ; and any four of them to be a quorum, with the said Dam Lillias Colquhoun, whom he heirby nominats and ap- poynts to be Tutrix sine qua non, during' hir viduitie and widowhood allanerlie ; and in caise of hir mariadg to a second husband, he heirby nominats the said Archbald Stirling of Garden to be tutor to them sine quo non, and any four of the foirnamd freinds to be a quorum in that case with him ; requeisting all of them heirby to sie to the eclucatione of his saidis childring in the fcir of God, and to the richt managment of what fortune and estait is left or provydit to them : Recalling heirby all former testaments or latteris wills, and declaring the samyn null and voyd : And this to be his lattere will and testament he heirby notefies and mackes known to all whom it may concerne. In witnes quherof he hes subscrivit thir presentis, (written be the said William Stirling), the day, zeir and place foir- said, befoir thir witness, Andrew Raitt his present servitor, and the said William Stirling.
W. Stirling, Witnes. J. Stirling of Keir.
A. Raitt, Witness.
REGISTER
BIRTHS, MARRIAGES, AND DEATHS,
STIR LINGS OF KEIR.1
J. STEELING.
232. I was mariet vpon Margaret Montethe, zoungest docliter to Sir William Montethe of Kers, in the Kirk of Alvethe, vpon Tysclay, the xvii of August 1613.
Johne Sterling — My eldest sone Johne was borne in the Keir on Saterday, the xxiii of Julii 1614, at ten horis at nicht.
Grissall Steeling — My dochter Grissall was borne in Cadder on Sonday, the xi of Februar, at fyve horis in the morning, 1616.
Archibald Sterling — My sone Archibald was borne in Cadder on Mononday, the ix of June 1617, at tuo horis efternoone.
Anna Sterling — My dochter Anna was borne in the Keir on Saterday, the xi of Julii 1618, betuix x and xi at nicht.
Margaret Sterling — My dochter Margaret was borne in the Keir, the i of Agust 1619, befor viii horis in the morning.
William Sterling — My sone William was borne in Cadder on Sonday, the xxiiii of December 1620, betuix 3 and 4 in the evening.
James Sterling — My sone James was borne in the Keir on Thursday, the ht of Maii 1622, just at xii hours at nicht — Laus et Gloria Deo.
William Sterling — My sone William was borne in the Keir on Saturday, the xv of Januar 1625, betuixe ten and elevinthe in the morninge, and my wyf pairtit tuyse of barne betuixe James birthe and Williamis.
George Sterling — My sone George was borne in Cadder on Mononday, the xviii of September 1626, at ten horis in the morninge.
1 This is taken from a book in which the entries are chiefly made in the handwriting of the respec- tive lairds, who superscribe, the entries applicable to themselves and their children.
474 KEIR PAPERS.
Alexander Sterling — My sone Alexander was borne in the Keir on Thursday, the xvii of Julii 1628, befoir fyve horis in the morninge.
My wyf, at the plesour of God, depairtit this mortall lyf in the Keir, on Mononday, the xxi of Julii 1628, at fyve horis in the morninge, and was buriet in Dmnblaine the i of Agust thairefter — J. Sterling.
AR? STIRLING.
My mariedg wpon Elisabeth Murray was at Ede.r, wpon the 9 of Julie 1637, cele- brat be Mr. Ha. Rollok Minister at Edc.r.
My sonn Jhone was born at Oehiltrie the 13 day of Apraill 1638.
My dochter Anna was born at Gardenn the 3 of Agust 1639.
My dochter Margarett was born at Stirling wpon the 9 of Januar 1640, [sic, sed lege 1641].
My soune Georg was born at Pohneas the 16 day of June 1642.
My mariedge wpon Ma. Murray was at Ede"! the 21 July 1646.
My doghter Cathrine was born at Ede1: the 8 of Sep'. 1647.
My doghter Elizabeth was born at Oehiltrie wpon the last of Januarie 1649.
My doghter Rebecka was born at Oehiltrie wpon the 2 of Apraill 1650.
My sonne Archibald was born at Gardenne the 21 of March 1651.
My sonne James was borne in Gardenne the 29 of Jim 1652.
George was borne at Oehiltrie the 20 day of July 1653.
William was borne at Oehiltrie the 20 day of October 1654.
Alexander was born at Oehiltrie the 9 of Apraill 1656.
Thomas was borne at Oehiltrie the 25 of December 1658.
Henrie was borne at Edenburgh the 20 day of July 1667.
SIR JOHNE STIRLING.
I was married to Ladye Margarat Livingstone, second dochter to the Earle of Lith- gou, at Sterling, the 6 of Fabr: 1668, celebrat be M' James Forsayth.
My wife miscaried of my eldest sone 13 Fabr: 1669.
My wife deperted this mortall life at the Keir, the 2 of November 1674, and was buried at Dunblaine.
I was married to Lilias Colqhoune, eldest dochter to the Laird of Lusse, at the Abey
REGISTER OF BIRTHS, MARRIAGES, AND DEATHS. 475
of Holyroudhouse celebrat be Mr. Walter Stirling, Minister of Baldernocke, on the 2 dey of December 1675.
My eldest sone Aechbald was born at the Keir, 29 October 1676, at five a cloack on Sunday morning, and "was baptised at the Keir be Mr. Gasper Kellie, Dean of Dun- blaine, the 2 of November 1676.
My second son John was borne at Sterling 26 October 1677, at five a cloack on Fraydie morning, he was baptised by Mr. Persone, Minister of Sterling, the 1 November.
My threid sone Geokge was borne at the Kere on Teusday, 12 November 1678, and was baptised by Mr. Gasper Kellie, Deane of Dunblaine, at the church of Lecrop, on the 18 November 1678.
My forth sone James was borne at the Keir on Saturday, the 1 of November 1679, betuixt 7 and 8 a cloack at nicht, and was baptised at Lecrop 2 November, be Mr. William Weems, Minister of Lecrop.
My dochter Lilias was born at the Keir on Thursday, 13 Januar 1681, at 6 in the morning, and was baptised at Lecrop on 15 Januar, by Mr. William Weems, Minister of Lecrop.
My fift sone William was born at Keir on Fraydie 24 March 1682, at six a cloack in the morning, and was baptised on Saturday 26 March, at Lecrop, be Mr. William Weemes, Minister of Lecrop.
My second dochter Elisabeth was born at Keir on Sonday, 3 June 1683, at 2 a cloack in the morning, and baptised the said day at Lecrop by Mr. William Weemes, Minister of Lecrop.
[The following entry is in the handwriting of John Stirling of Keir, No. XVLTI. 1.]
The said Sir John Stirling died at Keir the day 1684, and his wife
Lilias Colcmhoune survived him; she was 2 or 3 years after his death married to Mr. Charles Maitland, brother to the Barle of Lawderdale, and had one daughter died a child. The said Charles died at Cadder the day of June 1716, and the said
Lilias at Cadder the last of December 1726.
JA. STIRLING.
I was married to Marione Steuart, eldest daughter to Alexander Lord Blantyre, the 24 day of Februar 1704, at Cardonald.
My eldest son John was born att Arskine, the 18 day of November, betwixt three and four in the afternoon, in the year 1704.
476 KE1R PAPERS.
My eldest daughter Ann was born at the Keir the 20 day of January 1706.
My second daughter Lilias was born the 6 day of February 1707, att Edinburgh.
My third daughter Francis was born att Keir the 30 day of December 1707.
My second son Alexander was born att the Keir the 11th day of September 1709, about half ane horn- after four a clock in the afternoon.
My third son Archibald was born att Keir the 4th day of September 1710, about half ane hour after three in the morninge.
My fourth son Walter was born at Keir the 30 day of Agust 1711, about ten minutes before eight in the morning.
My fiveth son Charles was born att Keir the 1st day October, about eleeven a clock at night, 1712.
My sixth son William was born att Keir the eight day of September 1713, five minutes befor one in the morning.
My seventh son James was born att Keir the 17th day of September 1714.
My eight son Robert was born att Keir the 14th day of September 1715.
My 4th daughter Elisabeth was born att Edinburgh the 7th day of January 1718.
My 9th son Henry was born att Keir the 22d day of November 1718.
My 5th daughter Helen was born att Keir the 20th day of October 1719.
My 6th daughter Margarett was born att Keir the 6th of October 1720.
My 10th son Charles was born att Gadder the 8th day of March 1722.
My 11th son Hugh was born at Cadder the 26th day of February 1723, about 2 a clock in the morning.
My 7th daughter Magdalen was born att Cadder on February 29, 1724.
My 12th son William was born at Cadder on June 5, 1725.
My 13th son Lewis was born att Cadder the 30 of November 1726.
My 14th son Henriett was born att Cadder the 20 of March 1728.
My 15th son Alexander was born att Glasgow the 4th of December 1729.
James Stirling of Keir died at Cadder on February 17th 1749, aged 70 years. His eldest son, John, succeeded to the estate, who never was married, and he died in Edinburgh in June 1757, aged 54 years; and his brother Archibald succeeded to the estate, who was married, in the year 1750, to Margaret Erskine, daughter to Colonel William Erskine of Torrie, and she died att Bristol in the year 1761, without having children, and he married for his second wife, widow Lady Murray, eldest daughter of Alexander Hay of Drummelzier, in the year 1762. (The Honourable Marion Stewart, wife of James Stirling of Keir, died at Cadder, 20 March 1770.)
REGISTER OP BIRTHS, MAERIAGES, AND DEATHS. 477
Archibald Stirling of Keir died there 3d November 1783, aged 73. His widow, Mrs. Ann Stirling, died at Cadder 14 October 1807, aged 80.
William Stirling, youngest son to James Stirling of Keir, was married to Hellen Gray, second daughter to John Lord Gray, att Edinburgh the 1st day of October 1765.
My eldest son James was born at Cadder the 8th day of October 1766.
My second son John was born at Cadder the 23d day of February 1768.
My third son Archibald was born at Cadder the 2d day of August 1769.
My 4th son Charles was born at Cadder the 12th day of May 1771.
My first daughter Margret and my sixth son Robert, both was born at Cadder the 24th day of December 1772.
My 2d daughter Marion was born at Cadder the 12th day of June 1774.
My 3d daughter Jean was born at Cadder the 2d day of July 1775.
My Wife died at Cadder the 31st day of July 1776, and was buried at Dumblain. She was 30 years of age.
I was married at Castlemilk the 3d day of November 1781 to Jean Stuart, youngest daughter of Sir John Stuart of Castlemilk.
My oldest daughter Helen was born at Cadder the 14th February 1783.
My second daughter was born at Keir the 23d of February 1785, and was named Anne.
William Stirling, youngest son and child of 'William Stirling of Keir before men- tioned, was born at Keir 23 August 1789.
The above mentioned William Stirling of Keir died there on the 24 May 1793, aged 68, and was buried at Dunblane.
Lady Hamilton of Rosehall (Margaret Stirling) died at Edinburgh 20 October 1802, aged 82.
CHILDREN of the late William Stirling of Keir, died as under —
Margaret Stirling at Keir, June 1784, aged 12-J- years.
John Stirling at Hampden, Jamaica, 24 March 1793, unmarried, aged 25.
Robert Stirling at Kingston, Jamaica, 28 Sept. 1808. Married. Aged 36. Left one daughter, who died at London in 1822, aged 13. The name of his wife was Sarah, daughter of Dr. Steel of Jamaica. The name of their daughter — Helen.
William Stirling died at Castlemilk, 1st December 1825, aged 36.
Charles Stirling married C. Erskine, daughter of D. Erskine, writer, Edinburgh,
3 p
478 KEIR PAPERS.
14th October 1817, at Linlathen. No children. He died at Cadder, January 30th 1830, aged 58, and buried in Lecropt church.
James Stirling, Esq. of Kier, who succeeded his father, W. Stirling, Blay 1793, died at Kier, July 26th 1831, aged 64, unmarried, was succeeded by his brother Archibald Stirling. Buried in Lecropt church.
Jean Stirling, 3d daughter of William Stirling, Esq. of Kier, died at Broomly, Kent, September 17th 1835, aged 60 years.
Marion Stirling, 3d daughter of William Stirling of Keir, died at Keir 1 March 1842, aged 68, and was buried in Lecropt church on the 9th of March.
Archibald Stirling married E. Maxwell, second daughter of Sir John Maxwell, Bart, of Pollock, June 1st 1815. She died at Kennmre, September 1822, aged 29.
His eldest son, William, was born at Kennmre, 8th March 1818.
His eldest daughter, Hannah Anne, born at Kenmure, August 17th 1816.
His 2d daughter, Elizabeth, born at Kenmure, August 24th 1822.
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LETTERS
STIELINGS OF KEIB, Ac.
Jane Chishoku, ' Lady Kyi',' to the Laird of Perdowy, circa, 1550.
233. Traist freynd and weilbelowit, efter my hartlie commendatioune. Seing that all thingis is appoyntit betuix the Lard my housband and zow, quhairof I am wery blyth, I wald desyr zow to be sa guid for my requeist, as to latt the milland remane still wyth the mill for this zeir to cum, and I sail pay zow dewtie for that aker of land ressonabillie as ze and I can appoynt, for it will hurt sumthing of proffeit to the Lard to dewyd the land fra the mill, and it sail do zow na hurt, bot I sail pay zow dewtie thairfoir, quhill eftirvart that the Lard and ze may agrie vpone the mylne and wther turneis amangis zour selfis. I seik nathing to hurt zour profeit, bot to pay for the same. The maist caus that I charge zow wyth this is, that it wilbe bruitit into the contrie, gif that land be tane fra the mylne quhilk hes bene sa lang in vse thairof. I am hamelie wyth zow in this mater, as ze may charge me agane wyth als grit ane mater ; all wther thingis is agreit amang freyndis, and I desyr this to be agreit betwix zow and me. I will nocht latt the Lard witt of this quhill I be suir quhat wilbe done thairintill, quhilk ze will aduerteis me quhat I may lippin to. I reffer the rest to zour wisdom and aduerteisment wyth this beirar, and commend me hartlie to my aynt zour bedfallow. God preserue zow. From Cadder this Wodinsday. Zouris at power.
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To hir traist freynd and weilbelowit, the Lard of Perdowy.
Sir Archibald Sterling of Keir to the Laird of Bardowie, Elder, 30th July 1602.
234. Richt treist freind — Efter my verray hartie commendatiounis ; this present is to put zou in rememberance that this metter of feud standing over betuix our name and the
480 KEIR LETTERS. [1612.
name of Kinkaid lyis lang onput to sum point ; quhilk (as I am certanlie informit), lyis over in default of sum veill villit mediatouris to trawell in that errand ; and seing that the onlie quarrall lyis nou vpone the pure boy Wiliame Stirling, quha for that occatioune may not vse the moyan to vin his leving, I vald think it meitest that ane consultatioune of freindis var, that advyis myoht be tane, how that matter mycht be pakit vp, (giff possibill it var), vthervayis that ordour mycht be tane be our advyssis, quha ar freindis, hou the zoung man may leiff without parrall. For this effect thairfoir, I will effecteouslie requyst zou to meit me at the kirk of Muire, on Setterday, the vii of August, be ten houris befoir none, that advyisment may be taine heiranent. Sa refering the rest to our meiting, quhilk I luik for assuritlie (Godvilling), I commett zou to Godis protectioune. Fra the Keir, the penult of July 1602.
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To his assuerit good freind, the Lard of Bardowe, Elder.
Dame Grissall Roos, Lady Keir to the Countess of Eglintoun,1 5th November 1612.
235. Madame — My most deutiful commendations rememberit ; pleis zour Ladyship that this zung gentilman, my sister the Lady Carnebeis sone, being desyrus to be placit in service vith sum nobilman, and hes villit me to mak my moyen for the saming, in respect his father hes suniquhat outsckot him self in misgoverning his rent ; and I accounting zour Ladyschip, and [my Lord zour] husband, as the most speciall freinds that I heaue to imploy, vill most affectuiesly request zour Ladyship that ze vill place this zung man ather in my Lord zour husband's chamber to putt on or af his cloths and vait on his Lordship, or in quhat vther office zour Ladyship thinks meit for such a ane, and I vilbe ansuerable to zour Ladyship that he sal be faithful and obediant to my Lord or zour Ladyship in quhatsoeuer ze imploy him. I think very long to heaue met vith zour Ladyship for sindrie respects, bot I blis God that I heir so guid
1 The writer of this letter was a daughter of James Lord Boss, and the second wife of Sir Archibald Stirling of Keir (No. XIII. 2, p. 44, supra). The Countess of Eglinton was Dame Anna Livingston, wife of Alexander, sixth Earl of Eglinton.
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lieus of zour Ladyship, and prays God that it may ever continue. Sua referring to zour Ladyship's ansuer, I rest
Zour Ladyship's louing ant to be comniandit,
Ochiltrie, the 5 of November 1612.
To my very guid Lady, my Lady Countes of Eglintoune, this be delyueritt.
Sir Thomas Hamilton of Priestfield, Knight, to Sir Archibald Stirling of Keir, Knight,
7th March 1613.
236. Eight Honorable Sir — Being informed be Johne Leuistoun of Prestoun, that ane blok being agried in termes betuix yow and him, anent your byeing from him of two osingang of kirkland in Vchiltrie, and that ze had delayed to perfyte the blok whill ye vnderstude be my letter that he had maid no right to me of these two oxingang of land ; I have thairfore tane pourpose to certifie yow be thir lynes, that he neuer maid any bargane with me concerning these landis, or any pairt thairof, and that thair is no cause to skar to deale with him for any disposition thairof maid to me, for thair is none. Swa thanking yow for your kynd respect had to me in that mater, whilk I sail be reddie to acquyt with any pleasour I can, whan ye sail please to command me ; I commit yow to God. Edinburgh, this 7 Merche 1613.
To the right honorable my verie speciall freind, Sir Archibald Stirling of Keir, Knight.
Sir George Sterling of Keir to the Laird of Gloret, Younger, 26th January 1635.
237. Louing Cousin — My uonted afiectione remembred; these are to shoue you that, praised be God, I am and hes still bein in good healthe since my coming to Italie ; and hauing
482 KEIR LETTERS. [1641.
passed the dead of the winter in Padua, I am nou upon my voyage to Rome and
Naples, quhilk I shall accomplish, God willing, with all possible diligence, that I may
be in France before the heats come on in this cuntrie. In the meane time, I will
intreate you still to concure with your best advise for the managing of my busines till
my returne, at which time the effects shall wittnesse the desire I haue to approue
my selfe
Zours most affectionet Cousen in all I can,
S. G. Sterling of Keir. Venise, 26 Januarie 1635.
Let these present my best affectione to your bedfellou, and all the rest of our whole freinds.
To my verie lowing Cousin The Laird of Gloret, Zounger — These.
William Drummond of Riccartoune to Sir George Stirling of Keir, Knight,
12th May 1641.
238. Right Honorable and Lovinge Cusinge — I vill vreat nothing particularly to you unto such tym as I hear frome you att your returne to Neucastle ; so nowe ye shall only knaw that Strafort was execut this day, betuixt elevne and tuelfe, and immediatly therafter the Kinge called vs, and truly wher I thought we shuld haif fand him melan- cholie and harse, we fund him in a very gud temper ; and I think ere it be longe our Treaty shall near close.
The Parliament of Scotland is to be prorogated till the 13 of July nixt, quhilk dyett the Kinge hes woued to keepe, except siknesse or deathe previne it ; and upone my vord I verily beleeve that he uill performe it. I shew you be my last that ther ver some hear who ve suspected to haif beene upone ane vnlaufull plott ; it is not yit fully discovered, bot it is thought to haife been with the Freuche ; already ther ar fiue fiedd, viz. Hary Persy, Hary Jermand, Sir Jhonc Sucklinge, and uther tou who ar not con- siderable ; it is thought ther will more flee erre it be longe, whiche you shall hear of as occatione offerrs.
I will repeat nothinge that is conteened in the publicke letter, bot in generall knaw that I think the Parliament will now quickly dispatche us, for Strafort is gonne, and they haife gott ane bill past that the Parliament shall nather be adiurned nor bracke upe without consent of both houses, quhilk now makes them that they ar able to do any thinge of themselfs.
1643.] KEIR LETTERS. 483
As the bearer cane shew you, I am so straite with tyme, that I am forced to tak my leaue abruptly, and continue any thinge els I haif a mind to wreat till the nixt occatione, to whiche tyme and ever, I shall unchangably continue,
Your affectionatt cusinge and servant, London, 12 Maij 1641. W. D. Riccartodne.
I am almost a sleepe all the vreatinge hearof, for I vas upe this morninge be two a cloacke to see Strafort execut.
For the Right Honorable his truly affectionatt Cusinge Si George Sterlinge of Keire — Thes.
From General Thomas Dalyell of Bimis, February 1643.
239. Honorable Sir — Youers of the 23 of Januar I reseuit, confesing that I am not able to requyt the smalist of youer innummerable fauoris, not forgeting youer fauor- able sensor you haue on the resons aledgit be me for not ciuning to Scotland this vinter, aledging I can oner cum griter deficoltayis vhair I heve a mynd try ; onlay I maist ingenuisle confes that if thair be not a griter kair had of this arme intymis to cum nor hes bein hiderto, nather tempist nor ane thing elis vil lock us ane loinger in ignorens and nessessate. For this laist night six of the Lord Genoralis soiers did steil a boit from the pier, and resoluit to expois tham seluis to the niersay of the sies, (vho ver after aprehendit in regaird non of them could roue,) vho in this poister intendit for Scotland, and ar nou sum of them to be hengit.
Thair is laitle sum prouision of meil cum in, so that the General Major intens shortlay to the fieldis, and as the euent prouis I sal aquent you ; boit be all apirans ve ar not able to staye out aboue eight dayeis, in regaird ve vaint horsis for carieng our provision. So loith to truble you, I rest
Youer moist oblidgit Seruant,
Craigforgus1 the February 1643.
I intreit you present my huble serues to youre Laday, and all the rest of youer freindis.
For the Right Honorable Si George Stirling of Keire, Gnight — Thois.
1 General Dalyell had the command of the Garrison of Carrickfergus, and he was made prisoner by the rebels.
484 KEIR LETTERS. [1646-47.
From Alexander first Earl of Leven, 17th August 1646.
240. Right Worshipful! — I reseavett ane laiter whairin yow desyr ane delation of tym for the paying of these monyes ; I showld be wiling to grant your desyr in what I could, bot in that poynt yow most exskooss mee in thatt, for that monyes is nather fre gift, nor ony pairt of my arreirs, bwtt monyes cleburst by me for the wss of the pwblict, which doose praiss me, so at this present that I kan swffer no delay ; whairfor I hop yow wil mak thankfwl payement, which shall be takin ass ane kowrtasie doon to — Your asoored friend
Newcastill, 17th of Awgust 1646.
For the Right Wirshopfwll Sir Georg Stirlin off Keer — Thes.
The Honorable Lilias Napier, younger daughter of Archibald, first Lord Napier, to her brother-in-law, Sir George Stirling of Keir, Knight.
241. Deare Brother — Tho I be glead of so frequant occasions, yet I am sorie they ar with such berirs, for if besines had not gon misirabely hier, ther wold a bien nior adoe with thes honest men, who neu is forst to leue ther oun cuntry. I need say no more, since I know by them you will be informed pertiqulerly, nor haue I any cotentment to wreat it, yet for your satisfacksion I shall accuant you what pasis hierafter, and con- stantly shall be
Your most affecsinot sister and humble seruant,
Sterling, 6th November [1646]. Lilias Napier.1
I haue sent auay the letter to Powrie. Margrat Graem presentes her humble seruis to you.
For my dear brother the Laird of Kier — Thess.
From Sir Archibald Stirling of Garden, afterwards Lord Garden, 7th June 1647.
242. R! Honor1.1 Cousing — Since yours by Jo. Smarts sonne at the Queins Ferrie, we heave not heird from you. Ricartoun and I did both wreat to you then, whilk I houpe did coum to your hands, since till nou we could heave noe occasione ; the foulnes of the seas doeth mak the semen loth to put furth.
1 Her sister Margaret was married to Sir George Stirling in 1637. Lilias died unmarried after 1665.
1647.] KEIR LETTERS. 485
I was in the Keire about a fourtnight since ; the wode is weill aniogh haud, and the daik in good aniogh order. James Rind has done noe thing as yit to the hous, nether intends to doe if he can shift it, bot we shall doe the best we can to mak him doe it. The tym that he should heave bein heir, the armie was lying about Dumbleane whilk keipt him from going : their was manie quartered wpon your lands, bot tok noe thing bot their quarters, quhilk I houp shall be aloued in your monthlie mentinance : The scleater is to be at your lodging in Stirling once this weik.
The rouui that was in your oune hand in Inneralloune is set to a very honest young man, the conditiounes yea shall know heirafter. Allexander Livistoune hes set the Over Keire to James Stirling, and the rest who wold heave taken it from you befor ; if yea be pleased thairwith lett ws know, for we wold not assent therto till first we hard from you. Other particulars I remit to Riccartouns, and my shelf ever to be — Yours most affectioned Cousins and Servant,
Ochiltrie, 7 June 1647.
For the rycht honorabill his loving cousing, S1: George Stirling of Keire — Theas.
Prom James Earl, afterwards Marquis, of Montrose, 26th July 1647.
243. Mon Frere — I receaued yours, and am wery glaid of your wealefaire, being in some trouble on contrary coniectures, not heareing hitherto from yourself, or of the receat of the Queine and Princes letters, or from any other hand, concerning your being in those pairts, for Balloch spoke nothing att all to me ; as for your busynes ther, I am affraid you fynd it longsome, bot iff matters stand with the King, as we ar maid to understand, or iff please God they goe weale with my self, any other wher, I hope you shall not neide to think upon your self, bot leaue me to doe it. As for that which you spoke long agoe about Lillias. I heaue beane thinking, bot to no purpose, for ther ar nether Scotsman nor Woman welcome that way, nether wold any of honor, and wertue, (cheifly a woman,) suffer themselfs to Hue
3 Q
486
KEIR LETTERS.
[1647.
in so leud and worthies a place ; so you may satisfy that person, and diuert hir thoughts absolutly from itt.
Wishing you all happynes. I am,
Your faithfulest and affectionate Brother, Neare Paris 26 Jully 1647. Montkose.
For the right worshipfull Sir George Sterling of Keir En Hollande.
From John Lord Areskine, afterwards ninth Earl of Mar, December 16, 1647.
244. Noble Sir — I confess the letter I receaved from yow upon your servant's returne to Holland was so great a complement as I knowe not how to answere it so well as by silence, and yett I shall never doubt your respect to one that honours and esteemes yow as I doe.
I am still desirous to knowe your wellfaer — the best niews I can hear from thence ; neithar haue I anie to send yow from this place, but that the Commissioners are gowing on with the late Lord Napier's forfaltur, and sueing hard to have that fine payed whiche I was surtie for him in at the Parliament at Perthe ; it is but a little sunime of 40,000 marks, wherof 11,000 pounds is assigned to two advocatts for their service doune the State. By this, Sir, yow will perceave that matters ar not much changed here since you went awaye ; but lett thes things goe as theye will, I am unchangeablie, Sir, your most faithfull Cosen and Servant,
Sterline, December 16, 1647.
The unfortunatt Marquess of Huntlie is taken ; how the Commissioners will dispose of him God knowes.
For the right honorable Sir George Sterline of Keir.
1648—19.] KEIB LETTERS. 487
Sir John Crawfurd of Kilbirny, Knight, and Magdalene Carnegy his wife, to the Laird of Luss, Younger, requesting hhn to marry Margaret Baillie, heiress of Lochend, 12th May 1648.
245. Honorabill and Deire Sonne — We have sent youe the richest jewell belonging to us in this wordill, our deireste dochter Mistresse Margaratte Baillie, heretrix of Loch- end, quhom we desyre you may espousse to be your deireste wyffe. Sume things I have comitted to the beirer Capitane Wallter Stirling, quilk I desire youe will obey to the full, as youe ar about to honor God quho hes caste this precius jewell and richeste eartly bhssing into youre hands : and as youe ar about to honor and obey us the only instruments of all youre happines in this particular greet blising, evine so sail youe be blised of God, as we the father and mother do bb'sse you bothe withe all the blis- ings that ever he missoured out to husband and wyffe upon earthe : quhilk sail be the continuall prayers to God of your most deirly loveing parents and servants to our death.
Edenbugh, the 12 of May 1648. J. C. Kilbieny.
M. Carnegy.1 For the richt hono1.1. the Laird of Lusse, Younger.
The Reverend Doctor George Wiseheart, afterwards Bishop of Edinburgh, to Mr. David Fowles, Minister at Hamburg, introducing Sir George Stirling of Keir.
Hauge, Jan. 11, 1649.
246. Dearest Brother — I am in so verie extreme haste, that I can only say that, that this noble gentlman, Sir George Stirline of Keire, is not only a most honest man in the common cause, for which he hath suffred more then I can writte, but also one of the men in the world, whom Almightie God hath raised up to be the greatest confort to me in these sad times of my being in thir feilds. "Wherefore I obtest yow,
1 Magdalene Carnegy was second daughter of David Lord Carnegy, who predeceased his father, the first Earl of Southesk. Magdalene Carnegy was first married to Sir Gideon Baillie of Lochend, and their only child was the ' heretrix ' who formed the subject of this letter. For celebrating the mar- riage of the young Laird of Luss and Margaret Baillie, without proclamation of banns, Mr. Archibald M'Lauchlane, minister of Luss, was deposed by the Presbytery of Dumbarton. [Life of Montrose, vol. i. p. 88.] The learned author of that very valuable biography will be glad to know, with reference to his note on the same page, that this letter affords evidence of the son of Sir John Colquboun being the ' impatient lover' of Margaret Baillie. The puzzle as to the father or son, was occasioned by the records of the Presbytery styling the son ' Laird of Luss,' while the letter shews that he was the ' Younger' of Luss. Margaret Baillie was only eleven years of age at her marriage. [Law's Memorials, p. 89.]
488 KEIR LETTERS. [1650-51.
per amores nostros, that yow wil quikly gette your self acquainted with hhn, and then his oun worthe wil recommend unto yow al respects and services that he shal demand, and much more ; for I am confident that houbeit I am now the requeister, yet yow shal giue me thanks for opening this dore to your knoulege of such a personage.
For Master David Fowles, Minister at Hamburg.
From John eighth Earl of Mar, to Sir George Stirling of Keir.
217. Honored and Loueing Cosen — Howbeit my heart is trulie grieved to pairt societie with this worthie bearer Mr. Harie Guthrie, yet it joyes me something that he is sure of so good a freind before him as yow ar; his oune worthinesse and abilities yow knowe so weel alreadie, that anie reccommendatione I shall neid to maik of him to you is but this, that since he suffers for faithfulnes both to his conscience and the Croune, and hes, as your self knowes, beine a dear freind to me and my house, I ame confidently assured he will find as much favour and kindnes from yow as yow can. For anie thing of that kinde either worthie M1: W?1 Colvill or he shall receaue, I shall think my self as much obliged for it, as if it were reallie laid upon — Yoiir faithful Cosen, f) /y^l
Alloway, March 6, 1650. (f// J A ^/5Ut-
For my honored noble Cosen, The Laird of Keer. ^s" ^
From Archibald Marquis of Argyll,2 17th February 1651.
218. Loving Freind — I am informed, that notwithstanding of ane exemptioune the Lard Gleneggies had from the Parliament of all quarterings, both locall and transeint, that, as commissar of the paroehin, yee quarter upon him both horse and foot : Therfor, as your freind, I thought fitt to advertise you heerof, and to desire yow, if ther bee any quartered on his land for the present, to remove them, and forbear in tyine coming to
1 Sir George Stirling, to whom this letter was addressed, has indorsed it ' Lecrop,' from which it may be inferred, that Mr. Harie Guthrie had either received a presentation to Lecropt, or wished to become minister of that parish, in which Sir George Stirling was the principal heritor. Mr. Harie Guthrie was for many years private chaplain to the Mar family. He was afterwards Bishop of Dunkeld. He left memoirs of the affairs of Scotland from the year 1637 to the death of Charles I.
2 The address of this letter has not been preserved, but there can be little doubt that it was addressed to Sir George Stirling of Keir.
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1651.] KEIR LETTERS. 489
doe the lyk, least yee bee found a contemner of the Parliament's ordour, and so involve yourselfe in a greater inconvenience then yee are aware of. I rest, your loving freind,
Perth, the 17th of February 1651.
Memorandum holograph of Sir George Stirling of Keir.
3rd September 1651. 219. When God brings yow well to Holand, yow shall call at Rotterdam for Jonet Mais- tertounes hows, which yow will find according to the direction on the bake of my letter to hir ; and doe in the matter of opening, airing, and sealing my goods ther, as is conteaned in her letter.
From yow if shoe desire any money for the keiping my goods, yow shall giue it.
From Rotterdam yow shall repair to Delft, and ther inquire for Mr. Alexr. Petrie, a Scots man, minister to the Inglish Congregation ; he lodges neir the Old Kirke, to whom yow shall giue my letter ; and efter yow haue spoken with him and inquired for my coffers and goods I left at my lodging at Delft, yow shall at his appointment giue the sounie [of] threttie six guilders to one, and the soume of sixteine guilders to ane other, being fyftie two guilders in all, and if he hes depursed any thing for me since I left Holand, yow shall repay him, quhilk I shall allowe at yowr returne, yow produceing his note of receat of what yow shall giue him.
Thir fiftie two guilders formentioned, it is fiftie yow giue Mr. Petrie, and he will caus giue it to them should haue it.
My coft'er I left at my lodging in Delft, yow haue heirwith the kye deliuered ; yow shall bring home that coffer and the goods are in it, and what goods of myne more are ther, yow shall make a kist or timber boxe, and put them in and bring home, particu- larlie an little shipe.
For ane great timber boxe belongs to G. M. Dalyell, yow will find ather at my lodging or Mr. Perries ; yow shall bring it home also, and yow shall know it by a carte is wpon the lid of it, and written wpon with my owne hand.
For any other goods of myne are at Mr. Petrie's, yow shall desire they remaine ther till my nixt advertisment.
For a little timber shype yow will find at my lodging in Delft, yow shall make ane timber boxe, and put it in, and bring it horn with yow.
490 KEIR LETTERS. [1651-52.
From Alexander sixth Earl of Eglinton.
250. Right Honorable and Noble Friend — I wrote formerly wnto yow, hearing that ye was at Edinburgh, to make knowne my desyre to yow, but I know not giue my letter be cum to your hands, which makes me take this new occasione to desyre yow to remember of the trust yow hade of hir who is now with God, my bedfellow ; 1 and to keep these two litle coffers in your owne custody, or to put them in my Lord Cal- ender's hands wntill I receave them ; for my wyffe told me they wer sealed, and that if shee hade to doe with money yow would answer hir with it wpon them. The reasone of my wryting to yow is, wpon informatione that Waughtone and Innes hes gottin notice that they are in your hands, and I know yow wilbe dealt with for them ; but I am con- fident ye will not wrong me ; for as I wrote formerly wnto yow, my wyffe hes a dis- charge of hir children, of all they can crave, and therfor lefte all shee hade to me. So being confident that ye wilbe cairfull of your trust, I shall alwayes remaine,
Your right assured friend to serve you,
Hull,2 29 December 1651.
For the Right Honorable Sir George Stirling of Keir — These.
The same to the same.
251. Right Honorable Sir — I have receaved your letter, wherin I find yow make sum questione concerning these boxes was intrusted to yow by my wyffe, and therfor would wish me to remitt it to friends, which truely I cannot doe, seing it justly belongs to my selfe and no other, and therfor I should wrong my selfe to make a questione in it, wher ther is no just ground, and I doe much admire that ather Waughtone or Innes
1 This alludes to the Earl's second Countess, Lady Margaret Scott, who ' departed this lyffe at Hull, in ' England, quher her lord was prisoner, the 5th of October 1651. Her body was embalmed, and brought ' home by sea, and interred at Dalkethe, by her nephew, Francis Earle of Balcleuche.' [Balfour's Annals iv. 352.]
2 The Earl was then a prisoner at Hull. He was a captain of the King's Horse Guards, and while raising forces in the west for the King's service, in April 1G51, be was surprised at Dunbarton by a party of English horse, and sent prisoner, first to Hull, then to Berwick, where he remained in confinement till the Restoration. [Lamont's Diary.]
1652.] KEIR LETTERS. 491
should claiine any right to that which was left to me, seing I was so instrumentall to agree nry wyffe and them, and to get them satisfied. Therfor, Sir, I shall intreat yow to deliver these boxes to the Erie of Calander, and I shall he good to yow for any dam- nadg ye can sustaine for the deliuery of them, for the most part that is in the boxes is my owne, my wholl wryts being ther. Yow know that my wyffe intended to bring them heir with hir, if shee hade not been persuaded by your self and Sir Robert Dru- mond that they would be taken from hir by the way, and wpon this shee intrusted them to yow, whom shee told me would advance her three or four hunder peeces wpon them whensoever shee stood in need of it. What Waughtone or Innes can justly claiine, I shal be ansuerable to them for it, for I beleue if they remember that my wyffe hes dis- charges of them both, they will not clame any thing. So, expecting yow will perfornie my desyre in deliuering of them to the Erie of Calander, as yow shall alwayes obleidge
me to remaine,
Your right assured friend to serve yow,
Hull, 9 Januar 1652. Eglintoun.
For the Right Honorable Sir George Stirling of Keir — These.
From James first Earl of Calander, 23rd January 1652.
252. Honnored Sir — Having receavit some letters from the Earle of Eglintoune, togidder with this inclosed to yow, quhich will show yow his desyre in relatioune to these trunks yow have, formerlie belonging to his ladie ; the quhich, if it please yow to in- trust me with, I shall be readie to give that accompt both to yow and him according to the same, and to that end yow will be pleasit to returne me ane answeir quhairby I may give him ane accompt, iff your occasiones doe not dryve you east to Edinburgh quhair now I am necessitat to goe.
I heir of your frequent meiting which is to be at Stirling the nixt weik, quhairin yow will tak seriouslie to consideratioune the losses and great sufferings of thir parioches ; not doubting of the same as I shall be readie to witnes that I am
Your humble servand,
Falkirk, 23 January 1652. For the much honnored Sir George Stirling of Keir, Kniclit — Theis
492 KEIR LETTERS. [1652.
Lady Jeane Hay, Countess of Mar, to the Lairds of Keir and Riccartoun,
9th March 1652.
253. Honorable and loueing Cousings — Ye will know by this berer better than I can wreat, reassons why my sonne lies delayed his corning south, so soone as we desired, and therfor, if your busines could permit yow to come heir, I should be extream glad to see you both, how soone posibly ye could, that it may be resolued vpon what course shall be taken, which I fear be alredie too long adoeing ; and if ye think it meit that any other be advertised, let me know it, and I shall stryve to haue them heir, that I can get moved to come, any day that yow shall appoint ; I send you this letter, that ye may stryue to see what can be done to pacifie Skougall, till some thing can be goten done with Seaforth's freinds, for I beleive non of yow will think it fit, that my sonne come away, and leave it now, for then ther should be no hop that they should doe any good, and I fear howsoever, it shall be too long acoming. For anything that shall be thought fit by yow two to be done, my soune will giue way to it, as if he wer heir him selfe. In the meantime, ye will wreat to him your advice, for after he is come from Ross, if it be expedient, he may meit at any convenient place, if he be vnwilling to come heir.
I wish ye would remember what I spoke concerning the coall, not that which is disponed to Mr. James and John Keirie ; if ye be to come shortly heir,
ye neid not to wreat anything of that concerning the coall to me, otherways it would be speidily thought upon for preventing further inconvenients.
General! Major Deanes is not yet come to Stirling ; when he does, I shall, if God will, see him ther. I heir ther is [one of] the sequestrators come to Polmes againe, and is taking up the inviter of goods, and stryveing to know what the land payes, and all to be furth coming to them. We neid not to fear them since my Lord is very free [of] all thes ingadgments. It is impossible for me to give [an] answerable returne for your kyndneses and great p[aynes], nor heir shall I say any mor, but that I am for ever oblidged to continew, as I ame
Your most affectionat and [faith]full freind,
Alloway, 9th March 1652. For the Right honorable the Laird of Keir and the Laird of Rickartoune.
1652-54.] KEIR LETTERS. 493
From John Stewart, Younger of Blackhall, 28th May 1652.
254. Honoured Brother — Havinge the occasione of ane bearer, I cannot omitt to lett yow knowe your freinds heir ar all weill, only my father is vnder the goute, and is much affrayed he be trubbled by that Duchnmn ; by Mr. Archibald Fleniinges informa- tione, trye what yow can of it, and lett me knowe it. Its lyke I sie yow shortlye, for our shyresnien most of them ar takinge course for ther owne peace with the Inglishe in ane private way, and will not be seine in a publict, quhilk will houghe thes who meane honestlye. Lett me have your advyse what yow thinke fittinge for me to doe in this ease, for eschewinge of hazard, which is earnestlye desyred by
Your affectioned brother,
J. S. Blakhall, Yo' From Ard(gowan), the 28 May 1652.
For my honored brother, the Laird off Keire.
From John third Earl of "Wigtoune, 19th June 1654.
255. Bycht Honorabill — Thir sadde tymes makes many men troublesome to their friendes, and for my awn parte, I thanke the Lord it hes not beene much my ordinal- ; but the confidence I haue of your kyndnes, and my awn reall intentioune not to wrong yow, nor any vther, makes me the more familiar with yow. I am dew 5000 markes to a friend in Edinburgh be bonde, quhairin my vncle Calendar and Sir David Murray were cautioners for my father and me, and now because of my vncle's present condition, and of the deceis of the vther partie, desyres new security, and will not take infeft- ment of land from me, but vrges cautioune . IS, therefore, yow will be pleased to len your hando as ane friend with me in a bonde for the said soume, I shall take it as a favour, and shall have no land nor geir befoire yow suffer for me, and if yow have to doe, shall not be wanting to yow for the lyke, or quhairin else I can doe yow pleasure or service you shall ever fynde me,
Your most affectionat Cussin and servant,
font?
Cumernald, June 19, 1654.
3 R
494 KEIK LETTEES. [1656.
Pardone this my freadome, for you haue absolutt power of me to doe yow and yours service. Our goodwyf presentts hir reall serwice to you.
For the Kycht Honorabill Sr. Georg Stirling of Keire — These
From John sixth Earl of Cassillis.
Castle Kennedy, 28 Aprylle 1656.
256. Sir — Youre civeille missive deserves averie civill ansuere. I am loath to be particular
in wryte of this kynd, becaus it hes beine made wse of be some in law, bot I have
desyred young Faille1 to speake with yow vpon the particular, having before beine
with yow vpon it, and mentioned in your letter. If he be not in Edinburgh preceiselie
at the terme, he hes promised to be there before the first of Junii, which is bot a
verie few dayes after. I hope yow will find him so discreete and rational!, as no more
shall neid to be exprest heire by
Your friend and servand,
For Sir George Stirling of Keire.
William ninth Earl of Glencairn, afterwards Lord Justice-General and Lord Chan- cellor, to Sir Archibald Stirling of Garden.
1st December [c. 1656.]
257. Sir — Hauing obtaind six months libertie, and being to imploy mor cationers then I had befor, I haue presumed upon your civill offer to me to name you to the Generall. The rest are the Lord Borthuik, Kilsyth, Sir James Hamilton of Orbiston, and my brother Creich ; 2 the soume is tuelf thousand lib. sterling for I most haue the honour to be double anie other, bot I most not contend. Only, Sir, I hop yee will not feare I can be capable of so base ane act as to mak you or auie suffer for your kindness to me, which indeid is the greattest can be done unto me. Thairfor my humble desyr is, that yee will
1 This probably refers to Wallace of Failfoord, sometimes called Fail, in the parish of Tarbolton, Ayrshire.
2 David Betoun of Creich, married Lady Margaret Cuningham, sister of the Earl.
1658.] KEIR LETTERS. 495
be at the pains to come heir and subseryve befor Captain Clifton upon Fryday nixt or Satturday, for the band is now in Fyfe at Creioh ; Borthuik and Kilsyth hes subscryvd it heir, and I expect Sir James Hamilton to morrow. So, Sir, since it is so great a favour to me as to bring me forth of a long sufferance, I sail not doubt bot yee will bestow the pains of coming heir in behalfe of him who sail while he breaths contenoue, Sir, your most humble servant,
For the Eight Worshipfull Sir Ard. Sterling of Carden.
From James second Marquis of Montrose.
Mugdookc, June the 4th [16]58.
258. Much Honored Sir — I doubt not bot that your cousin Sir Mungo Stirling hath
showen yow, that at my meeting with Polmaise about some differences of marches
between our tenents, I made choise of yow and him for taking inspection in the busi-
nes. I had assurance from him to embrace the trouble, and I did also assure my selfe
yow would not deny me that freindship and fauour ; and now, Polmaise being desirous
to hawe the busines submitted, I thought I could not pitch on fitter persons to referre
my interest to ; wherfor I shall entreat yow wilbe pleased to accept of the submission,
and with your conueniencie will condescend to meet upon it, and in so doing yow shall
werie much oblidge,
Honored Sir, your most affectionat cousin and seruant,
Montkosb.
Sir — Yow will heerwith receiue the submission, and I desire yow wilbe to meet on Monday nixt with Polmaise, for accepting of the same.
For the much honored Sir George Stirling of Keare.
From John third Earl of Wigtoune.
259. Ryght Honorabill — It hath pleased God to call my wyfe1 from this mortall lyfe to his eternall rest ; whose corpes we purpose, God willing, to interre at our buriall
1 Lady Jane Drummond, eldest daughter of John second Earl of Perth, is the Lady here referred to.
496 KEIR LETTERS. [1661.
place in Bigger vpon Thursday the penult of this instant : Bly most earnest desyre therefore is, that yee wilbe pleasd to come to Bigger the foirsaid day be ten a clock in the morning, and to doe her that last honour as to convey her corpes to our buriall place theire, which shall be taken as ane singular favour conferred vpon
Sir, your most affectionatt cussing and servant, Cumernald, December 18, 1658. Wigtoune.
For the Bight Honorabill Sr. Georg Stirling of Keire — Thes.
From Sir Archibald Stirling, Lord Garden.
Edinburgh, 24 May 1661.
260. Ryght Honorabill and loving Cousing — Yisterday and this day the Parliament hes bein close, from morning till ivining, about my Lord Argailis proeesse, and now hes pronunced the sentence of forfalture against him, and hes ordeined him to be beheaded wpon Monday, and his head to be put wp wher Montroses wes. He receaved his sentence with resoluitione aniogh, and is not lyk to acknouledge mutsh guilt, altho it be found otherwayes. Yisterday, in the verie tym when his advocates wer debeating against the depositions of the witnesses, their cam ane expresse from Londoune, who broght six letters of his whilk he had wreatin to the Inglish whilest they commanded heir, soum wheirof wer to Major Generall Deans, soum to General Monk, and one to Mr. Clerk, Monks secretaire, whilk geave mutsh cleirnes to the Parliament as to the points whilk in the mein tym wer a debeatting ; for soum thing theirof was scairslie cleir provne till then, whilk wes his joyning in counsels with them : their be other gross things in them.
Since my Lord Chansler went wp, the conditione of affairs heir ar other ways repre- sented to his Majestie then formerlie they heave beine ; some things that heave bein wreatin from above to the commissioner, the King disouneth them, and the secretarie refuseth the wreating theirof, whilk is lyk to mak soum business ; the letters are to be produced.
The Parliament of Ingland hes caused burne the Leauge and Covenant by the hand of the hangman. The King's mariedge is verie lyk to mak war with Spaine; the maredge is approvne by the Parliaments of both kingdoms. The Parliament hes sitne so close this fourtnight that I heave gott noe thing done in your busines with Sir John Gilmure, onlie he hes takin assurance wnder Mr. Cornelius Enslie's hand, that he shall
1662.] KEIR LETTERS. 497
stand to his determinations. So soone as anie more is done in it, it shall be made
knoune to you by
Your verie affectioned cousing and faithfull servant,
S. Aed. Stirling.
Waristoune, Will. Dundas, and Jo. Hoome of Kello ar forfaulted also, and lyk the nixt week ye will heir of more.
For the ryght honorabill his loving Cousing, the Laird of Keire — Theas.
From James second Marquis of Montrose.
261. Sir — Wnderstanding my Lord Carden is to be with you att the Keir, I have writt to him to indevor a satlement betuixt you and Braco, quhich I doubt not bot you will be verie desyrous to have done ; and I shall intreat, that because of Braco his present conditione, you will be pleased to show him all the favore you can, and quhat soume shall be condishended upon, so soon as I com to Edinbrueh, quhich will be shortlie, securetie shall be granted for the same att my Lord Carden's sight, and this is all at present from
Your affectioned Cousing and Servant,
Mugdock, 22 October 1662.
For the much honored Sir George Stirling of Keir — Thes.
Walter Sterling of Ballagan to George Stirling of Glorat.
Balagan, 19 Jully 1662.
262. Sir — Yours of the 21 of Junii com to my handis wpon the 15 of thus; for the which, Sir, I rander yow many hertie thankis for your wnnumberabill kynd espressiovnes quhilk, Sir, in ane word, I shall bot ansher with sillence. I am hertelie glaid of your recuffrey, quhilk I prey God to continue. I request yow. Sir, to heaue ane speciall cair of your selif, and keipe ane guid dyat, and when yea ar convolesed that you doe
49S KEIK LETTERS. [1662.
wentor to travell. I wald requeist yow to heast hom, for now I hoipe yea heaue gotin your herts desyr in your travellis ; so that I wald not adwyce yow to follow them furder, bot that yea wald com hom and sattell your self, and cast your fancie wpon som handsom creator, ether in Ingland or at hom; bot gif yea doe in Ingland, I requeist yow not to be to rassh, for they ar very kittill, or as yea ous to say wher ye ar, ticklish ; for albeit yea gat an guid woman quhilk com from that pleace wher yea ar, yea most not think they ar all alyk, nether most yea think to be assured to get on ther so guid as the last. So I wald advyce yow to be cairfull in your chous and wyss, altho now yea heaue the ward of your mariag in your oun hand to dispos of your selff wher yea list again. And again let me requeist yow, (as yea ar wys,) to be exciding wary and wys in your chous, for yea know it is ane continvall feist, and gif wther wayes, yea know ane continvall droping. To pas complements with yow, I shall seis benesson, yea know, Sir, I am not good of them, bot the treuth is I am for substance, and not for shedow, and gif yea heave ado with ane, I hoipe yea shall find it so to the out most of my pouer. Your father and mother-in-law I heave left very weill thus morning ; and for your young dochter, ther is no chyld in the wordill I am mor be holdin to for her loue and kyndnes then I am to hir. She begines weill, I hoipe sho shall preve ane confort to yow, for of all the merye wanton thingis that ever I mett with, sho is the first and the suitest face. In a word, all your freindis is in health. I heaue not as yeat met with Law, bot as shon as I meit with him, I shall not be forgetfull to remember yow to him. So again I most press it mor wpon yow, and request yow, so shon as God giff yow strenth, that yea wald heast home. And now, Sir, I craiff pardon for being so frey with yow, bot I hoipe yea will tak it from him, whom yea shall be assoured from my heart, that wishis yow weill, and the standing of your femelie out of your oun loynes. And heaving nothing elis to ad, bot shall still remember yow in my preyers, and wisis yow all helth and happynes, and a saif return ; I teak live and restis
Your faithfull and assured servand and cussing till I breath,
W. Steeling.
For his much honred Cussing, Georg Sterling of Glorat, to be fund at the Syn of the Tuo Shucker Loffes, Saint Merting's Lane, London.
George Stirling to his Father Sir Mungo Stirling of Glorat, 15th October 1662.
263. Sir — Knowing that all officers in Scotland, whether in civill or militarie employment, before they enter to the exercise of there respective offices, are to renounce the
1662.] KEIK LETTERS. 499
naticmall and solemne league and covenant, (both which yow have taken), by sub- scryving a declaration which is to be tendered to them at the said tynie ; and being informed that yow are nominate to be one of the Justices of Peace in Stirlingshire, and fearing that by accepting of the office yow might be drawne to signe the said declaration, (quhich yow cannot refuse without great offence to the state ;) I doe most hiunblie beseech yow to endeavour that yow may be excused from accepting of that office : I doe not much feare any wther, and I hope yow are not as yet engaged in that, and so the advyce which I send yow (with the bearer), which is a casuist resolv- ing the grand case of conscience of this tyme, will come seasonable to yow ; I desire yow will read it and ponder it seriouslie ; Sir, thir ar searching tym.es for Christianes who are of tender conscience ; yow have not as yet beine activelie engaged, and I am glade of it, I pray yow, Sir, resolve now to quyte all publicke employment, (quhairby yow have never beine a gainer, but a great loser,) and live at home, serve G-od, and love your neighbours. If it please God to bring me to yow this shall be my practise for the short tyme I live in the world. Yow have seine much of its vanitie, and so have I for the short tyme I have beine in it ; therefore let us seeke after the durable riches which lasts to eternitie. I resolved to writ upon no other subject at this tyme, referring wther bussines to the ordinarie post. Sir, as I am concerned in all your good, so in all your evill ; take this advyce from him whom you know prayes to God to preserve and direct yow in all things, and is and shall be
Sir, Your obedient sone and servant to death, London, 15th October 1662. Geo. Stirling.
Sir — If yom- minister at this tyme be a sufferer upon the poynt of tender con- science, doe not yow adde to his suffering, but rather comfort him. If he be removed by the present authoritie from exercising his office in the ministrie, be active in your place to provyde a good one, and rather one indifferent, if not of a scandalous behavi- our, before Mr. A : D : who perhaps will pleade to be repossest upon the point of loyaltie and wnlawfullnes of his deposition ; but yow [know] that was made up after- wards by his publicke submission in the face of the congregation, and I doubt not but he has done many things which may render him incapable of the ministrie since his deposition.
For Sir Mongo Stirling of Glorett.
500 KEIR LETTERS. [1664.
From George fourth Earl of Wintoun, to Sir G-eorge Stirling of Keir.
264. Much Honoured Sir — I cannot deny the civilities which I have mett with from you in reference to that debt my Grandfather was engaged into, as one of the cautioners of Sir George Haniiltoun, and especially I must thankfully acknowledge your for- bearance of the principall sum all this time ; yet, Sir, in respect I am but a cautioner, and am verie much distressed for other cautioneries for that house of Abercorn, and in regarde of my verie great necessities otherwayes also, I must intreat the continuance of your favour for suspending the seeking your principall sum a little time, which I have the more freedome to desire, since I hope you have your annuel rent once in the yeir thankfully payed ; and because I have writen to Sir George Hamiltoun, the principall debtor, to take some course for your payment and my releife ; whose condition I hear is such, as I am in good hopes that my desire may be satisfied. I shall at this time trouble yow no further, confidently expecting the continuance of that favour I have injoyed these yeries past, which shall putt a new obligation vpon,
Sir, your verie thankfull friend and servant,
Edinburgh, 30 January 1664. ____— 7^ ' // '/j/frffi Off]
For the much honoured, the Laird of Keir — These.
The same to the same.
Edinburgh, 5th March 1664.
265. Honoured Sir — As yow by your second letter vrge your former desire for providing the principall sum I am ingaged in for Sir George Hamiltoun, so I must still presse your forbearance, my own affairs at this time disabling me to doe it. The qualitie of my oblegement being but a cautioner, and the small hopes of my releife, (which now I perceive by Sir George Hamilton's returne to me), are not, I acknowledge, legally relevant defences to absolve from the debt ; yett these, and the other burdens I am into for that familie, being evidences of my sufferings, I hope they may and shall with yow prove arguments for your more tender dealling and forbearance this terme ; which
1664.] KEIR LETTERS. 501
favour I doe acknowledge I have had at your hands, and must yett expect you will
continue the same courtisie for some time vnto
Sir, your afFectionatt friend and humble servant,
Wintoun. For the much honoured the Laird of Keir — These.
The same to the same.
Edinburgh, the 24th August 1664.
266. Honoured Sir — I thought to have seen yow before yow had gone off town at your own lodging, being informed that yow were so unwell, that you keept your chamber, otherwayes I wold not have bene so vncivill as to have been so long in sending yow a returne. Yow shew me the pressing necessities yow are redacted to for that money I owe yow, which I beleive to be reall, having experience of the like myself; but I am exceeding sorie that I cannot promise at this term of Martinies to satisfie your desire, having a part of the wedsett of Garlaurie to pay at that same terme, (the most part of it being consigned at Whitsonday, which ingages me to keep Martimas pre- cisedly). If I had not bene vnexpectedlie forced to pay 5000 lib. to Ml Jo. Blair, as a part of a greater sum that I was decerned to pay to him as cautioner for the Earl of Marshell, and to borrow 9000 merks to pay the Laird of Glorat in his distresse, (both which my Lord Garden knows well,) I think I should have been able to have given you satisfaction ; but now the caice of my affaires is such that I professe I dare not promise to doe any thing towards your satisfaction, but on the contrarie must be yett againe an earnest suiter for your patience and forbearance at this term also. I have so much experienced your civilities and kyndnes that in respect of my present necessitie, I must still presume vpon your old favoures, and remaine confident of the continuance of them at this time unto
Your affectionat and obleged friend and servant,
Wtntoun. For the much honoured the Laird of Keir — These.
From Archibald ninth Earl of Argyll, (beheaded 30th June 1685).
267. Sir — I did represent yours very earnestly to M'Clane of Dowart, who wes here in the meane tyme when I receved it. He told me he had ane other from yow to the same purpose, and lies promised that soe shoone as he could get those persones sent for, he would examine them, and vse all deligence to trey if they ver the theefes that hes stoolen your tennents goodes or not, and would acquent me therewith ; soe that till I
3 s
502 KEIR LETTERS. [1665.
hear from liirn I can say noe mor, but that I assure yow ther is nothing in my power to doe for yow, but I will very willingly aprove myselfe to be Your affectionat friend and servant,
Invereray, 19 8ber 1664. For Sir George Stirling of Keir.
From Alexander Earl of G-lencaim, to the Laird of Garden.
Badindaloch, 26th November, [c. 1665.]
268. Sir — I find by yours that you hav bein misinfformed anent your tenents being imprisoned for conventickles : I will asur you ther is non off them incarsirat as yet, for they ar only charged with horning, and the caption will not go out against them beffor I go to Edenburghe, which is to be the nixt week, wher, iff you ar to be about that tym, I shall be glad to heir what you have to say for your tenents, who ar I will asur you most constant transgresors off the law as to conventickles, and other disor- ders of that nature, which is all from
Sir, your most humble servant, For the Laird off Carden. Glexcairne.1
From Sir Archibald Stirling (Lord Garden), 1665.
269. Richt Honorabill and loving Cousing —
Polmease is home this day with a dessigne to heave commissioners of the shyer for the Parliament elected wpon Tuesday, whilk dyet will be impossible for me to keip, for I am commanded to be in Edinburgh againe wpon Monday, being wpon a Committee (whairof I send you heirwith a list) that is appointed by ane expresse ordour from the King to condiscend wpon the persons who ar to be ceited to the Parliament to mak wp their chairge against them, and to heave witnesses in readdines against the doun sitting of the Parliament. I shall thairfor, Sir, onlie tell you that this forenoone, heaving occasione to be with the Lord Chansler, he was verie earnest with me that I wold endevour to persuad my relations in the shyer to be for Kilsyth to heave him commis- sioner with Polmeas, and indeed he was so free with me as to desyer that I wold deall
1 From a comparison of signatures, this appears to be Alexander Earl of Glencairn, who succeeded his father the Chancellor, in 10G4, and died in 1670.
1665.] KEIK LETTERS. 503
with Touch to lay hiinshelfe asyd, and geave me assurance that if he so did, he wold
befreind him in his busines to the wtruost of his pouer, whilk indeid will be more uisfull
to Touch then anie thing he can procure by his oune cariedge in Parliament. I heave
thairfor wreat my advice to him, and also desyres, Sir, that yea will give him yours,
not onlie to lay him schelfe asyd, bot also to vote for the other, and that yea wold be
pleased also yourshelfe, and anie other yea heave pouer with, to doe the lyk, and I
shall feind the way to mak it coum to the Chansler's ears, who indeed will not be
wnmyndfull of it.
The Marcpiis of Montrose cam to Edinburgh yesternight, who assuired me that
wpon the receat of the letter I tould you not long agoe I wrote him, hes got assurance
from the Lord Secretaire, of the Shirray Clerk's office to Da. More, whilk David may
be verie confident of, and yea that in what I can I ever shall be
Yours verie affectioned Cousing and faithfull Servant,
S. Arch? Stirling. Ochiltrie [1665.]
From Mr. R. Muschet, Minister of Larbert.
270. Right Honorabill Sir — In the midst of that heavy aflictioune that the Lord hath measured out to me through my brother's murther, I am much comforted by the simpathie of his relationes with my greife, and the counsel and assistance, in refe- rence to my behaviour, and particularlie that my Lord Garden and your Honour should be pleased to owne me or his childring, who have the honour to be your kinsfolk and serwants ; Sir, I should be unnaturall and unworthie to be descended of your Honour's familie, and the familie I proceeded from, if I should neglect to prosecute that John Mitchell, who by verie many convincing presunrptions, committed that fact, so far as I am informed or can learne, als far as the law doth allow ; whcreinto I hope your Honour nor others of discretiouno will condem me ; and in relatione to my behaviour towards his wyfe and childring, I hope your Honour hath never heard that I was untractable to freinds, of whom I will esteem your Honour a cheife one, and by your Honour's advyce and other friends whom I cannot altogither neglect, I purpose to walk with that moderatione that it becomes a Cristian and a minister, and in all to behave myselfe with that dutiful! respect to your Honour, or any ye plead for, because I am, Sir, your Honour's much afflicted, yet still most humble servant,
Mr. R. Muschet. Larber, 17th May 1665. For the right Honourabill the Laird of Keir — - These.
504 KEIR LETTERS. [1666.
From John ninth Earl of Mar.
271. Sir — I receaved your tairtt letter, whiche I wishe hade also miscaried with the first whiche I never sawe, naither the Laird of Innes brother, thoghe yow saye yow know it came to my hands ; belieue it, Sir, if it had doune so, I should not haue denyed it, for I am not good at that.
As to the particular, Cosen, I shall craue leave to spare saying any more of it now, till I see you in the southe, where I intend to be in June at furthest.
This muche only, Sir, I cannot but be verie confident that yow, (being so neere a
friend), will shew me as muche kindness as my other creditors haue doune, whoe ar
nothing so neere to me, neither in anywayes neere so able to doe me a curtesie as your-
selfe, and in expectatione hereof, Sir, I shall speak with yow at Edinburgh, and continow
Your affectionat Cosen and Servant,
Kildrummy, Maii 3 '66.
For my muche honored Cosen,
Sr. George Sterlin of Kier.
From Robert Leighton, Bishop of Dunblane.
272. Honoured Sir — Yow know well how painfull and vnvsuall a thing it is to me to dispute these matters either by word or writt. I have wholly intrusted the clerk with that buisinesse. and not limited him to any sume. If yow make it appear to him reason- able that yow give nothing, nothing bee it ; whatsoever is my meannesse of estate, and the ability God has blessed yow with, I am far from the meannesse of mind to plead that ; but if the clerk inform yow that others have given some acknowledgment for the very like buisinesse, and that though no new advantage accreases to yow (for that is not vsuall in any leases), but onely the continuance of the ease yow have, and securing yow from being scru'd higher for so many years ; if vpon this you be pleasd to give him any thing, it will help to discharge some litle charities that I have left vpon him to doe for mee, but if that please yow not, whatsoever yow doe shall not displease Sir, your very affectionate and humble servant,
Edr March 20. For the right wor'J F^K^ (F lit
Sir George Sterlin of Keir. /
1670-73]. KEIR LETTERS. 505
From the Earl of Callander and Others. [Circa 1670.]
273. Sir — There is a gentelman of very good qualitie, presently in sute of Mistres Isobell Nieolson, Carnock's awnt, and ye being one of her curators, before we corn to a meit- ting of her freinds with his, we thought fitt to acquaint yow therwith, as a persone who, we doubt not, but will witnes alsniutch affection and expression of trew kyndnes toward her as many of her freinds, and being informed that ye are to be heir against the twintie nynt of this instant, we have delayed the tryst till that tynie ; bot if your affaires can allow yow to come soner, it will be taken as a favour done to the gentel- man and to ws, who are,
Sir, your humbell servants,
Calander.
Jo. Nicolson. For Sir John Stirling off Keir. Jo. Nicolson.,
From James first Earl of Calander.
Edinburgh August the 5th 1672.
274. Much Honored Nephew — Seeing I am not able to give that attendance at the Cornish- oners entering in to the shyre as becomes my place and dutie, ye will joyne with the Earlle of AVigton and Generall Major Montgomrie in making my excusse, as I doubt not the most pairt of the rest of the barrens will be assisting therm, and meiting of his Grace beyond the bridge of Stirling, at his entrie to the shyre. This trouble proceed- ing from the confidence I have hade of your former favores to
Much honored nepheu, your affectionat uncle and humble servante, Let thes present my service to your Ledy. Calander.1
For Sir John Stirling of Keire — Thes.
From George Stirling, Chirurgeon.
Edinburgh, August 21, 1673.
275. Rycht Honnorabill — I wreat yesterday all I had to say, onlie this day is thir news, wherof the news letter giveth bot ane confoosd accompt ; which is, Monday, the
1 The Earl was uncle in law to Sir John Stirling, who was married to Lady Margaret Livingston, niece of the Earl.
506 KEIE LETTERS. [1673.
Fleets ingadged in the morning a sharp conflict, the Ingiish haueing wind, which imediatelie changed, so that a whole squad surroundit Sir Edward Sprag who was in the Royall Prince, and so battared thair ship, that he was forced to take thair boat shor, being rady to sink ; by a shot thair boat was sunck and he and all with him loast, one other Captaine killed, and Captain Hay loast his leg. The Royall Prince disriged. This continowed whill night, and in the dark the Duch retired, haueing a ship or two sunk, and five or six brunt. The Prince retired to fitt the rigging of his ship which coast Tewsday all day to fitt Mr, and upon Wednesday went in search of the Duch. This accompt is given to the King by on Sir John Littltoune, who was sent oif with ane East India Duch ship that mistook the Ingiish fleitt for ther oun, valeued to 100,000 lib. sterling ; bot as yet the Prince hath wreat no accompt to the King. I hear not the Victorie mad mentione of, which is the ship your uncle is in. Som privat letters say the French squad did little or nothing. The incloased ar from your brethe- rine who wreat nothing this post to,
Rycht Honnorabill, your Honouris humble servant, For the. Ry'. Honnor'.1 The Laird of Keir. Geo. Stirling.
From Alexander second Earl of Linlithgow.
Medope, 2 September 1673.
276. Sir — The day that we appointed to set forth to waitt upon my Lord Commissioner does just corresponde with his diett, soe that if yow will be pleased to com here vpon Munday the 13 instant, the 14 we may goe to Edinburgh, and the 15 set forward on our voadge. I will assure you it will be well taken. I was of the opinion at last meeting that yonge Tuche wold do wiell to come alongst with yow for the resons I told you then. I desyre yow will let me have your resolution by this bearer. This is all I shall say untill meting but that I am
Your affectionat brother and servant,
I desyre thes may present my service to my sister. For Sir Jhone Sterling of Kier — Thess. .
1674-75.] KEIR LETTERS. 507
From Alexander Livingston, Lord Almond, and second Earl of Calander (second Son of Alexander second Earl of Linlithgow), 16tli March 1674.
277. Much Honored Sir — It hath pleased Almightie God to call my vncle the Earle of Callender out of this lyffe, whom we intend to interre wpon the twentie fyft of this instant. These are therfor intreating yow to doe me the favour as to be witnes to my last dewtie, in accompaneing of his corps from his hous of Callender to his buriall place at Falkirk, be ten of clock in the morneing. This will verie much obleidge him who is,
Much honored Sir, your verie humble servant,
Ed* the 16 of Merche 1671.
From George Stirling, Chirurgeon.
Edin': August 18"' 1675.
278. Ryght Honorabill — That your helth and stomach is returned is good news to me. The uncertentie of my wiffs helth is such that I cannot leave her this week in regaird her breist is beald so that if your Honour send me a hors at your returne from Calder, I hop to wait upon yow. Our news here is that the Bishop of St. Androus and Seaforth arrived yesternight, who eschaped dimming about Holy Island, cam from thence over- land, bot becaus they are steatsmen I have got no share of their news. In that defeat the Frenches gott neir Straitsbrugh, besyd the generall loas of the arinie, we have loasd seven Scots Captains in that batalione of Duglas reagement that was with De Turaine, viz* Douglas, Hay, Latuce, Kernie, Barcklay, Cotbrme and Lauless, your brothers Captaine. Whither George and Alexander was with him I cannot yet learne, bot this list I sau in a letter wreaten from the camp in Sir Williame Sharp's chamber, since which Marachall de Coicmie his arniie of 12,000 men are totalie cut off, and himself ether killed or taiken by the Duck of Lunengberg, who was beseageing the citie of Treaves. The Marachall coming to relive the seage, (in which ther is also ane other batalione of the Scots reagement,) the Duke fell upon him and worsted all. This is confirmed by three posts, and its now sayd Treaves is taken. Last week ther was ane
508 KEIR LETTERS. [1675.
uproar in London occationed by the weavers ; its reported som person had found out an ingein by which ane man will perform mor work in on clay then ten will doe in the ordinarie ; this so offended that honest tread that they in a tumultuarie maner puld doune the houses of thes that had the ingeins, and brok them all they fund, which cam to that bight that the king cam to the citie in heast, and cald all bis Gairds and troups, and ishewed a proclamatione comanding them to ther houses, under paine of rebellione. Som sayeth it quenshed, and other nott. Show Garden Sir William Sharpe is displeasd be bath not yet receaved bis monie ; be shews me its 50 lib. Sterl. The rebellione in Breitaine is not yet concpesst. This is all from,
Ryght Honorabill, your honours humble servant,
[Geo. Stirling.1] For the Ry'. Honno" the Laird of Keire — Tbes.
From Mr. Walter Stirling, Minister of Baldernock.
Baldernock, October 8, 1675.
279. Ryght Honorable — Notwithstanding that at my return bom upon Teusday I found my eldest dawghter dangerousely sick, and wpon Wedinsdaye morning my weif fel into a most violent distemper of bodey, (which I now find to be a relaps into her for- mer spoted fever, wherof sbee is now verey dangerously sick), I went to Rosdo, wher I fownd the Laird of Buchannan, (a most passionet Lover,) the second time in play, (and for aney thing I can lern it is not leik to prove ernest with both, and so much the les of my comeing there). I consulted my father hou to carie in the dischairg of that trust, who was unwilling that I should speak to the young Ledie first, though
1 It was probably this George Stirling who is mentioned by "Wodrow, as the ' pleasant young gentle- ' man,' who, after the execution of Mr. James Guthrie, came ' in the time that the body was a-dressing, ' and poured out a bottle of rich oyntment on the body, which filled the whole church with a noble perfume. ' One of the ladys says, ' God bless you, Sir, for this labour of love which you have showen to the slain ' ' body of a servant of Jesus Christ!' He, without speaking to any, giveing them a bow, removed, not ' loving to be discovered. It was known after, that that person was George Stirline, late chirurgeon in ' Edinburgh.' [Analecta, vol. i. p. 109.] In the life of Mr. James Guthrie, this incident is again alluded to — ' When Mr. Guthrie's body was dressed, there was a certain Christian friend came in with a box of ' fragrant ointment (I suppose the person was George Stirline the chirurgion), and broke it upon Mr. ' Guthrie's body, and which caused a most fragrant smell.' [Ibid. iii. p. 103.] Nisbet says, that ' George ' Stirling chirurgeon in Edinburgh,' and probably the same as the writer of the above letter, was ' de- ' scended of the family of Calder, and carried, argent, on a bend ingrailed, azure, betuixt a rose in chief ' gules, and a trapan (a chirurgical instrument) in base, proper, three buckles, or; crest, a dexter hand ' pointing a lancet, proper. Motto : By wounding I cure.' [Vol. i. 402.]
1675.] KEIR LETTERS. 509
oportunatey then offered (as it did not, shee was so well attended), bot to hev father, which I did. He was exceeding sorey that I had not com five or six dayes sooner, before Buchanan made his second adres, bott in short, Sir, I feind that if your Honor wil be pleased with the portion he can give, the costs wil be shortly cleared, and if not, I feind their is probabilatey that Buchanan will gain his point. The greatest lenth that I cowkl drive Luss to, was sixtein thousand pound Scots, though I presumed to say that it could not be expected that ye wold tak les than tuintey, bot my father can fullie satisfie your Honnor in this, (yet I am content, ye concell my letter as to this, for I was desaired to hould at ane thousand pund Sterling or tuinty thousand markes.) The reson whey I was not permited to make known your Honnors suit to the young ladie and hir mother, was lest it should alltogether heave brock wp Buchannan's busines, (non of them being cordial for it), which was not desaired til your Honnors further pleasour was known, and if I should be blaimed for not doing of it, I most say my commission did not reatch so fair, for her berther told me that your Honnor said that if Buchannan was in the play, ye wold not meddle in it. So, Sir, if ye and my father accord, I doubt nothing, bot Buchannan wil be permitted to go his jurney to the anttipods, which he sayes (as I am informed) shal not termenat it. Sir, iff the portion be satisfeing, I doubt nothing but the person and heumor will, and I hop (God blising,) it may prove a very confortable match to your Honnor. If I heave commited any innormatey in this, I hope your Honnor will impoute it not to my intention, bot rether to my simplisity, and if ye heave aney further commands for me in this, or aney thing els, you shal ever find me to my pouer as fervent, as faithful to do your Honnour ser- vice, which is but the dewtey of
Your Honnors most humble servant,
Wal. Sterling. For the Ry'. Honble the Laird of Keir— Thes.
From Mr. W. Sterling, Senior, Baldernock, 19th October 1675.
Rosdo, 19 Octob. 1675. 280. Ryght Honorabill Sir — I thocht fit acording to my promis, to acquent you that Buchannen's bussines heir is fullie and fairlie giffen vpe wpon the gentill womane's declearing hir possitife avertioune from that bussines, which she ever did from the begining, together with hir mother sisteres dysascent from the maitter which hes giffen the effinell strok to that affeare ; so Sir, Buchannen went from this this day, with ane resolutiovn not to sie this pleac no more, nor to be ane Scotis man, so that he sayes
3 T
510 KEIR LETTERS. [1676-77.
he will live the cuntrie shortlie ; I find Buchannen passiovn to be very great : Therfor I think it will not be fit that thus bussines of youres be anie way moved into nor com- nmnicat to anie nior then it is alredy, leist the gentillnian prove exasprat. So, Sir, gif yow can heave the patience to forbeir from your persut for ane month, or such a tynie till maitteres war satteled, and a litell disgested, I dout not bot thingis may be brocht about for your more satisfactiovne. I feired to send this letter to your cusing Mi- George as yea desyred me, altho I know him to be your great freind, for fear of suspi- tiovn, for gif the secreit com to mor handis nor thus, it may be devolged, and when I can heave the fit or convenient tym yea shall be assured I shall not be wanting to acquent your worship, and it may be shoner nor you expeck. I desyr you may live word with my son wher ye may get my lettres convoyed to you, and heaving nothing ellis
to ad bot that I am, Sir, Your worships most obedient Servant,
W. Stirling. For the Ry< hon" The Laird of Keir.
The Honorable Patrick Lyndsay of Kilbirny, to Sir John Stirling of Keir.
Kilbirny, October ult., (76.)
281. Right Worshipfull Sir — I cannot expresse the extream joy I resented at the accep- table newes of your Ladys saife delivery of a sonne. I wish you both much joy of him, and your Lady a suddain and happie recovery, to whom my wyfe and I desires to be affectionately remembred, and also to my grandchild the younge Laird, whose health I am now drinking, and to all the rest of the good companie there. I hope you'l do me reasone, the bearers haist will allow me to ad no more but what I will ever, that I am in all trew affection kyndnesse,
Yours to serve yow, For the Laird of Keir. P. Lyndsay of Kilbirny.
From John sixth Earl of Rothes, Lord Chancellor, to the Same.
282. Sir — His Majesties Privy Councill having thought fitt that the randezvouse of that Militia troup of Horse in the shyre of Pearth now vnder your command, (whereof Leivtenent General Drumond wes latly Captain,) for this year 1677, should be at Perth, the first day of June nixt ; They have appoynted notice to be given to yow thairof, that you may give tymeous advertisment of the same to all persones concerned, that the dyet may be punctually keept ; at which the muster master general, or one
1677. J
KEIR LETTERS.
511
deputed by him, will be present, This the Councill hes ordered to be signified to you
By your humble servant,
£f £ a ?2 cj&&'7'/z c6'
Edr 3 Apryle 1677. Sir John Stirlin of Keir.
The Honourable Patrick Lindsay of Kilbirny, to Margaret Baillie, Lady Luss on her marriage to Archibald Stirling of Garden.
Kilbirny, April 24, '77. 283. Deare Sister — I was just taking horse for Achans when your letter arived my hands. I shall not say but the newes of your manage surprised me, neither shall 1 desemble my thoughts so farre as not to confesse I had rather wished you had con- tinued unmaryed for the advantage of your Sonne's affairs ; but since the caise is other- wayes, I shall not condemne your choice, since the gentleman is very deservin°\ If your sonn's businesse go weel on, it is that which I shall looke upon as the hight of my ambition ; the family of Lusse being on of the familys on earth I wish most happinesse to. I am your husband's most humble servant. I wish you both much joy too-ither for I shall ever endevour to aprove niyselfe to be
Deare Sister, your affectionat Brother1 and most humble servant
P. Lyndsay of Kilbirny. For the Lady Lusse.
Sir Archibald Stewart of Blackhall and Ardgowan, Baronet, to Margaret Baillie, ' Lady Lusse,' on her marriage to Archibald Stirling of Garden.
Ardg. 24th Aprile 77. 284. Madam — God give you joy. Ye have made good hast indead, and I shall conclude charitable of all ye have done, in regard thos that ar wise knoweth best where ther
1 The writer was brother-in-law of Margaret Baillie, being married to Margaret Crawfurd, her younger sister uterine.
512 KEIR LETTERS. [1677.
oune shooe binds them. Your Ladyship might have spared your trouble in makeing ane appollogie to me for your speidie dispatch. The ward of your mariadge was not in my hand ; and if ye have manadged your business to your oune satisfaction, and your sonns advantage, I shall not be ill to please ; but ye may lay your reackoning to be the subject of much peoples discourse for some days, and that thes mouths that wer oppen befor to speak unfavourablie of you, will now be oppened much wider, and much of this shall be occationed by the hastie and unexpected execution of your conclusions, for that your mariadge wes intended and designed, ther were few of us all so blind or blockish as not to understand, but what should have occationed the carieing on of affaires at such a rate, and by such a method, we cannot at all conjecture : for my owne part I do confess I never had so much witt or discretion that it wes in the least necessar to consult me, or once spear my advice in such a matter, all I could pretend to wes reall kindness to you and your children ; but I wish ye had payed home Kilbir- nie's kindness with a mor handsome requittall then dispose of your self to any person without acquainting him with it : for as he is a gentleman above the ordinar rank of people for his birth, so is he for his kindnes, wherof ye had as great a schare as any I knew besides : on thing I am glade of that I hope this will affoord a great ease to your sons friends in the ordering of his affaires : and that your new choice will take much of the burden off your old confidents : and if it fall out so (as I am confident it will), I sueare I shall be glader of that then I am of his being my neir relation : a qualitie which I find ye judge sufficient to attone for all the injurie can be done me ; and trulie ye judge right, for much less then that may make satisfaction where ther is no wronge done. However God guide you, and if any be disposed to condemne this as ane escape of youth, I wish ye may be helped by a wise and prudent conversation in tynie comeing, to make them change ther thoughts of you. I think ye have maried a verie fyne gentleman, and whatever good oppinion I have of him, I wish you may have ane hundreth tymes more, and continue so till the end : therefore I shall never condemne your mariadge (that is honourable amongst all), but I do confess ther are some infor- malities, such as not honouring your friends to seek ther advice, and something of ane extraordinarie speidie dispatch that I will not approve. Pardon my freedome, and be as kind a wife as ye will, but be also a kind mother, and then, and on no other account, will ye find me,
Madam, Your kind Brother1 and humble Servant,
A. Stewart. For My Lady Lusse, Thes.
1 The writer was brother-in-law of Margaret Baillie, being married to Anne Crawfurd, her elder sister uterine.
1677.1 KEIK LETTERS. 513
Prom Lieutenant, afterwards Lieutenant Colonel, George Murray, to Sir John Stirling
of Keir.
Edinburgh, June 22 [1677.]
285. Sir — I am informed that you ar not resolved to be chosen for this Parliment, wich I
admire at. I think strange that you wold sufer anny othere to be elected for the
Shyre, but Touche and your selfe, since I knoe it depends wpon you to mak it so. I knoe
the Marques of Muntrose will not onlly euse his intrest with his freinds for you and
Touch, but is lykuyes verry much concernd to have you to accept of it for sevrall rea-.
sons I shall acquent you with at meitinge, and particularlly for this one reason, that
souni busy peipoull heire maks it ther busines to represent you as disafected to the
goverment, wich I kno is a base calumny, for your self and all your forbears hes gevine
good testemonny of ther loyalty, wpon all occasiouns, nether will you meit with thos
deficulties at this Parliment, as souni sort of peipoull wold have ws belive. My wyfe is
broucht to bed of a fyne boy, she presents her service to you, and your Laday, and so dis,
Sir, Your most afeetionat and most humbll servant,
G. Murray. For Sir Jhone Stirlinge of Keyre — This.
The same to the same.
Edenburgh, June 29, 1677.
286. Sir — My Lord Marques desyred me to acquint you that he will begin his journey
from this nixte Teusday, for the Diuk and Duches will be at Durum the 7 of Jully.
My Lord is verry desyrous to have you goe allonge with him, and your brother Carden ;
it will be ane obligatione to him, and a complement to the Diuk and Duches, I hoop
you will not refeuse. My brother is resolved to goe with my Lord if his wyfe be anny
waye in a recovery. My wyfe presents her service to you and your laday, and so dis
Your most affectionat and humble servant,
G. Murray. For Sir Johne Stirlling of Keyre — thes.
The same to the same.
Edenburgh, June 30, (1677).
287. Sir — I receved both yours; that with the account of your Elections and your Comision cam to me wpon Wednsday. I imediatlly went to the Register and delyverd it. Nisi morning at the Diuks rysinge, I told him that you and Touch was Comis-
514 KEIR LETTERS. [1678.
sioners ; he ansurde that he was informed that you was a very honest gentlman,
which was seconded by a great manny besyd myself, both as to your self, and to your
father and familly ; he asket me if Touch was marryd to your sister. I gave the Marques
of Muntrose ane account of your leter ; he was michtilly well pleased that you was
elected, and bids me ashur you he is your reall freind, and will not onnlly serve you
in your concerns as to your being Comisioner, but in evrry thing else you desyre. This
day I met with the Lairde of Airthe, who complains that he hes bein ille eused by
you. He hes lykuyes givin the Duik ane aconnt of the Election ; the Duik ansurd he
was verry glad that ther was threi homiest men choisne, bot you most concern your selfe
that you be not baflled as so shall all your freinds ; I hoop ther is no hazard in it. Ther
is litill newes by the last ; ther is tuo faunatike felloues maed choise of for to serve for
shirives for London for the enshuing yeyre ; they ar worse then the last, if worse can
be, for they ar of Oliverrs ould stamp ; they went to the polle, but it was carryed for
them by above tulve hunder. My Lord Haton and his son went to Fyffe to euse
ther intrest for the Electtors, but all they could doe was to niak one vot, and besyds
they wer treated by the gentlnien with verry litill respect. Sir Charles Haket and
Enstruthere younger was choisne without aney debaete ; Philiphauch and G-alaskeills
is for the Forrest, Blakbarony and Stennop for Tuedall, Makerstoun and Stitchelle for
Tevidaell, Orbeston and Greinok for Ranthrou ; it is thoucht Sir Geo. Locarte and
Crumell Lockart will be for Cledsdaell. Ther is a great work mae'd to disapoint Sallton
for East Louthiane ; pray God you may all agrei beter when you meit in Parliment then
you have at the most of the Elections. My wyfe hes her afectionat love and service
remembred to your laday, your selfe, and all yours, and so dis your most affectionat and
humbill servant,
G. Murray. For Sir Jhone Stirlinge of Keyre — Thes.
From William last Earl of Menteith.
The Isle of Menteith, May 29, 1678.
288. Right Worshipfull — I did see ane order that was isheued out by you to have the Militia troupe be att Perth the threttie of this instant. I am leader for one horse within the parish of Aberfoill, and although I gott never my Localitie for the horse, no nor much my oun land butt was given to others ; yet notwithstanding for all that, I still sett my horse to the randivouze day, butt, indeed, att present I am altogether out of horses, soe that I have not one till I buy them ; and if I had knouen of this your
1678-79.] KEIK LETTERS. 515
order four or five dayes sooner, I would have striven to provided a horse and man for the randivouse sufficiently mounted every way. I most humblie intreat you, most noble Sir, that ye wad be pleased not to imput to me want of willingnesse and readinesse for his Majesties service, and I am verie hopefull of your favour to me that ye will not send out no partie upon me for deficiencie att this tynie, quhich I assure you I shall not from henceforth be any more deficient butt shall keep all the randivous dayes that ye will be pleased to command all that is in the pouer of much honoured, your much obleidged humble servant,
From James Stirling, to his brother, Sir John Stirling of Keir.
Edinburgh, 5th off June 1678.
289. Eight Honorable — I mette with your man Will verie accedentalie, and he told me that
you are al verie wel, quhich I ame glade, and I pray God continow itt. The reasone
off my long stay heare is to make moiene for a place, and to waitte upon the Cornish-
oner hes Grace. There is no places disposed one as yeatte. I houpe, Sir, you will doe me
the feavure as to doe in that affeare ; thair is verie monie speaking places ; this day
ther is ane reveu off the Kings Troupe at Linlithgow, wher my Lord Orgeille is.
Itt is thoughte that my Lord wil gette forttie outte of the troupe, and leve other forttie
to be conjuncte with the Kings Guards. My Lord Earlie is thought wilbe his Lifeten-
ante. I heare nothing off my Lord off Atholl, he is coming doune withe the reste are
al coming doune. Ther is severals corned doune this weake ; ther is ane sessatione for
six weakes quhich ondutedly wil end in a peace. Notte trubling yow anie furder I reste,
Sir, your affectionatte Brother and humble Servant,
James Stirling.
My service to your Lady, and Bliss Magdalane, and Billie. I resolve to come away
from this the nistte weake.
From William first Earl of Dundonald.
290. Much Honored and Loving Cussing — It hath pleased God to call the Lord Cochrane, our eldest sone, out of this mortall life to his eternall glory. Wee intend to interr
516 KEIR LETTERS. [1679-80.
his corps in our buriall Isle of Dundonald church, upon Thursday the tuentie fyfth of this instant. We earnestly desire yow to come to our house of Achans the said day, betuist ten and eleven of the clock, to accompanie his corps to their buriall place, whereby ye shall very much oblige,
Sir, your most affectionat Cussing to serve you,
Pasley, September 3, 1679.
For the Laird of Keir.
ijm^x&&£a
From Alexander second Earl of Calander.
Calander, 22 September 1679.
291. Honoured Sir — You know by His Majesties proclamation publictly iutimat as was comandit, that all Noblmen, Barrones, Gentlmen and Free holders within the Shirreif- dome of Sterling ar comandit to receave His Majesties Comissioners of Justiciarii at their entry to the Shyre the last instant, and to convoy them to the brugh of Sterling, and to wait vpon them ther during ther aboad, and to convoy them forth of the Shyre till they be receavit be the nist Shirreiffe wher they ar to goe : Sir, I doubt not of your readines to this His Majesties comands, and if you pleas to come to Calander be ten of the cloak in the fornoone, you shall be attendit from thence to Linlithgow Bridge, which is the first place of their entry to this Shyre, by, Sir, your humble servant,
For Sir John Stirlinge of Keir.
From Arthur Boss, Archbishop of Glasgow.
Glasgow, Oct. 4, 1680.
292. Much Honored — I receaved on Saturday last a commission granted be his Majesty
under the great seall, dated the fourth of May, to severall persons, for visiting this
university; and you being one of the number, ye ar desired to be present here at
Glasgow, the ninetinth day of this instant October, (which is the first appoynted in the
1680-81.] KETR LETTERS. 517
commission for owr meiting) to consult and determine what shall be thowght fitt and convenient for the ends proposed in the said Commission, and ye shall be waited on be,
Honored Sir, your very humble servant,
For Sir John Stirling of Keir — Thesse.
M& $4
VnSii'
From Greorge Stirling, Chirurgeon, Edinburgh.
Edinburgh, October 27th, 1680.
293. Ryght Honourabill — The Duct and Duches of York accompanied with two men
of warr and 3 yeaghts landit in Fyff yesterday about niidd day, wher the Chancelor
and many Councelers that wer wreat for attendit them, who ar to stay at Lesslie
whill the Abay be in order for them ; ther ar with them Athols 2 souns, Panmor's
2 brothers, the Master of Salton's soune, the Laird of Lundie, and Mr Patersoun dark.
They sett sail from the Theanis Thursday last, after a sudden resolutione. Receave the
Kings speach in wreat, becaus its not yet come here in prent, which is all from,
Ryght Honourabill, your honours humbll servant,
Geo. Stirling. For the Ryt Honn1.1 the Laird of Keire.
From Charles tenth Earl of Mar.
Edinburgh, Is? January 1681.
294. Sir — I receaved yours, and on from your brother: you need not doubt my kindness
to Mr. James ; bot as to that of Mr. Charles Fleeming's chang, I know nothing ; nor
doe I beleeve it will be, bot tho it were, it is not in my pouer to dispose of itt, no
Officers place in my Regiment having ever been filled upp be my recommendatione,
bot my oune Ensigne's allenarlie. I shall be glade to doe you or anie of yours what
service lyes in my pouer, as is the duty off,
Sir, your most humble servant,
Mar.
From John Wordie, Sheriff-Clerk, Stirling.
295. Right Honorabill — The Earle of Callander, by his warrand dated the 29 of this instant, hes ordered me to advertise the gentlemen heretores and frieholders within the Shyre. to meitt his hynes the Puke of Yeork at Linlithgow bridge, one Thursday nixt,
3 u
518 KEIR LETTERS. [1681.
being the thrid of February, be one a clock in the efternoon, for attending his hynes from thence to Stirling : Hes Lordship also desired me to shew you that he hes no publict warrand for the same, bot that it is expected that he as Shirrieff should give you advertisment thairof, quhilk his Lordship expectes ye will obey.
I am your Honoures most humble and obedient servant, Stirling, the last of January 1681. John Wordie.
For the Eight Hono'.1 the Laird of Keir.
From James third Marquis of Montrose.
296. Sir — Hauing prevailed so far with His Grace the Archbishop of St Andrews to
decline his recommendation in behalf of Mr. Gordon to the church of the Port, by a
line under his own hand to the Bishop of Dumblain, and not doubting but upon the
earnest desire I haue made to the Bishop, he will confirm Mr. Walter Stirling in that
benefice, by which means the church of Baldernock will become vacant ; I have taken
the freedom earnestly to request you would not dispose of that vacancy till I haue the
honour to see you, or if you do, that it be in favour's of none but Mr. Alexander
Duncan, who is the jDerson I haue thought fit to recommend, and who I earnestly
intreate may be after the accustomed manner of presentation confirmed by you in that
church and benefice. I know he has been recommended to you by seueral noble and
worthy persons, and I am fully persuaded he will not fare the wors by this application
from Sir,
Your humble servant,
Edinburgh, 7th May 1681.
Major Edmiston being leader of a Militia horsman in your troop, and at the same time Major of the Militia Regiment under my command, and finding it something hard to discharge both duties together, I thought fit to intreate you to dispence with his absence from your troop some times, and this will likewise be an obligation on.
For the Laird of Keir.
From James Sterling to his Brother, Sir John Sterling of Keir.
Berwick, May the 13th 1681. 297. Dear Sir — I receued your Letter, and doe most hartelie acknoulidg your great kyndnes. I confes I am at present in a verei deplorable conditione, my loss (as I take
1681.] KEIR LETTEBS. 519
it) being more then ordinarie, having lost a most kynde wife, and a tender mother to
hir children, and one who, for hir verteus and parts, I was never worthie of, and so it
hath pleased God to deprive me of hir. Sir, I humblie thank you for your kynde
invitatione. I doubt not of a kynde welcome from my frends, but I think 1 shall hardlie
resolue to come much abroad this summer. I have not as yitt been out of my chamber,
nor I can not as yitt resolue when I shall. Sir, I can writ no more so I must beg your
pardon, onlie I intreat my most kynde service to your lady and beliue me to be,
Sir, your most affectionat uncle and humble servant,
James Steeling.
Sir John Sterling of Kiel'. Leave this with Mr. Georg Sterling chirurgeon in Edenburg, to be sent as above directed. Edenburg.
John Sterling of Craigbarnet, to Sir William Purves, Baronet.
Campse, 11th Julii 1681.
298. Right Honorabill — I receaved yours of the 14 June last, and as I am wery glead yow and Succoth hath fallen on any way eather for continowing or begetting a good wnderstanding amongst ourselvs, (especially in joyning against such as would destroy vse all) ; soe I am a littell concerned in the latter pairt of it, as if my cariage of latt had not been ansuerable to my professiones. It is trew I have been soe wnhappie this three yeirs past, as not only to have been putt to great truble, both in body, mynd, and the littell fortoun I had, but also to have been misconstrued and misrepresented in all my actions, which God is my wittnes, (who most be my judge,) I never acted farther to the prejudice of that family, then what might conduce with my awne saifty, nor ever did I intend by any dilligence of myn to have mad further vse therof then consisted with my payment and releif. Who hes been the incendiaryes to cast fyre amongst vse God forgive them ; for my conscience beirs me wittnes of the reality of my intentions, and had thos (who hes indevored by yom- division and myn to promott thair awne ends,) been als ingenious and fair in their actings, its lyk things had been att sume close befor this. For your dochtir, Sir, if anything hes esceaped her that might reflect wpoh me I forgive her, bot in case I have eather done or said any thing that was wnsuatable to a person of her wortfi, when ever any such thing is mad apeir, I schall be lyable to any censor yow shall putt wpon me ; nor knew I any thing could ocation her passion save the proceeding in our dilligence, and I belive Succoth will vindicat me in that as being clone not soe wnjustly as at ane wnseasonable tyme. I crave
520 KEIR LETTERS. [1683.
pardon for this truble, and only shall desyre yow may continew your good opunione of
me ; and [in] case I be wanting in any thing may contributt for the lady your dochters
good and her children, (which may consist with my awne saifty,) then I shall be willing
to lye wnder all the aspersiones hath frequently been cast wpon me. It is not my
fawlt M™ Fergusonne's byrun annuelrent was not sent in, your good son Sir George
having als much in his hand as to have payit her or reimbursed you. I continew,
Sir, you most humble servantt,
Jon. Steeling.
Present my wyfs service and myn to my lady and your good children. If you find, Sir, Gastoun lies a mynd for any of Gloratts esteat, for God sak lett him have it in any place he choyses, that he may be pleased, and therby nether prejudge his wnkill nor me.
For Sir William Purvusse of that Hk Barronett.
From J. Setone.
Seton, the 12 of August 1683.
299. Sir — I ame heartely glade of your safe returne from the waters. I hope the bathes hath contributed much to your halth. I did not kno of your tackeing jurnay til this bearer told me he spoke with this clay who browght a letter from Garden showing that ther is a companie levied by the Merchants of Londone to goe for the East Indias, and your wnkil is verie desirous, and he both, that your brother Harie might be Ensigne to the Companie, and yom- wnkil hath bespoke the Captaine to keep the Ensigues place vacant til ther com word whither Harie wil unbrace it or not, for when Garden wret his letter he thowght you had been at Bristo, and went ther to speake with you in that affair, and now since you ar comd horn, I clesir you may resolve to send him, for both Captaine Stirling and Garden ar most pressin that this occassione be not slighted. He wreits to me they have good pay, and wil have occasione both to be a sea suldier, and a land one ; and more they will have the priviledg of tradeing which in a short tyme wil macke him a rich man, and if he war his only son he thincks he cowld not bestow him better. They ar verrie pressin and earnest with me (not knowing it seems) of your being so shoon in Scotland, to hast Harie away with all possible hast. Since they ar so pressing, it is my own opinion not to slight this occasione. lies Coinis- sion will be a hunder pound sterling, so I intreat yow may send a return of this to Garden with the verrie furst post. Garden desirs me to direct my letters for him for Mr. Stirling at Mrs. Singltaune's in Haymarket, neer Cherrin Cross, for he wil be at London befor any letters from Scotland can com to him, so you may direct yours.
1702.] KEIE LETTERS. 521
My service to your self and Ladie ; so soone as I com from this 111 com and kiss your hands. I ame, Sir, your most humble servant,
For the Laird of Keir. J. Setone.
Five Letters from ' C. Stirling ' or Bower, ' Lady Meathie,' to her Cousin Archibald
Stirling of Garden.
Referred to at page 60.
300. My dear Cousin — I reseved on of yours long agoe by Mr. Crichton, and another lately from Dundie. The first I would have answered long agoe, but Mr. Crichton hes been in the north near this five weeks, so that I could not get that ocasion ; and when I write any other way it corns but seldom to your hands ; he came home our way Saterday last, and promises to get this safely to you. You will know by the inclosed that I did not neglect to write to Mr. Brown a prety while agoe, and this is his answer. Truly, clear Cousin, I must tell you I expect little kindnes that way, how I shall do with you I know not, for ther's no doubt but you stand in need of your money, and I could wish with all my heart I had it to give you. As for my own circumstances, I am still wrasteling on with great difficulties. I here Sanders Bower still hes a mind to keep a part of that litle mony of ours in his own hand, which can no way tryst with what we have adoe at this terme ; but however Mr. Crichton hes been so kind to offer to advance the mony, and take his bond in case wee be straitned, and that Sanders Bower will not give the money. Truly, dear Cousin, I know not how much I am oblidged to that good honest man so I entreat you give hem thanks upon my account. As for my children, I hope in few years the two eldest will do for themsalves, but in the meantime how all there prentice fees shall be pay'd, I know not. I must trust to God's providence, for now wee are ingadged, and it must be pay'd, although I know not yet the way how it shall be done. Your godson Earehie was not abroad when yours came to my hand ; but I hope by this time he is either gone, or just a goeing, where I hope he shall be as well as all his friuds could wish hem, and I hope shall not trouble non of us any more. I am much oblidged to my sister Annas kind- ness ; I will say if my husband's frinds had been as kind as my own, it had not been so ill with us as it is. I pray God forgive them ; and I shall very willingly, sine there is no way to heaven but by the way of the cross, I shall most willingly embrace it, by the assistance and grace of God Almighty. I send my sister Anna fower score and two pond a while agoe, and shall send her the rest of her annualrent at or about Whitsonday. God Almighty reward you all, for had it not been your kindness, I
522
KEIR LETTERS. [1703.
verily believe I had not had a house to set in. I have reason to be thankfull to God that sturs up such frinds in time of need. Who knows but some of mine may be servicable to you or yours ? which I shall wish, and which will be there very great duty. My Jerney takes exceeding well with his trade, and his master hes an extraor- dinarey kindness for hem, and uses hem very discreetly. He is just now here, and gives his humble duty to you. As for poor Sandy he went from this in March, and I here is arrived in Noroway. When I shall see hem God knows. I pray God have a care of hem, for he is really thought a very sharp lade. Poor things ! they are on of my greatest comforts in this world. All here are well, and gives there service to you, your Lady, and children, and wishes you all happiness, as I do, who am
Dearest Cousin, your very affectionat Cousin and ever oblidged Servant,
C. Bo WEE. I remember I am still your debtor for the dressing of my watch which shall not be forgot.
Methie, Aprill the 27, 1702. For the Laird of Garden at the Kier — thes.
301. My dear Cousin — I received yours, and am heartily glad to know of your wellfare,
whereof I wish the continuance. Your son hes done me the kindness to stay here a
little with me, which hes been very great comfort to me, and now as great trouble to
part with hem. I am glad, dear Cousin, that you have such a son, who may be, I am
sure, a very great comfort to you, for, truly, I will say a more sweet and pleasant
nature 1 never knew, and on that I think will very much follow your footsteps in
kindness to his friends, which I truly find, for I cannot express my obligation to hem.
God Almighty presarve hem to you, and you to hem, which will be a very great
comfort to me. I am put in hops by my sister Ann, that you have a mind to see us
this summer. I wish you keep your resolution, which would rejoyee me exceedingly,
for it is what I long for extreemly, and hes done this great while. I shall obey you,
dear Cousin, in giving your annualrents to my sister Ann. I leave the account of any
of our affears to your son who can tell you very well how I am stated. All here are
well, and give thier humble duty to you, and I am as ever,
My dear Cousin, your most affectionat Cousin and ever oblidged Servant,
C. Bower. My humble sarvice to your Lady and all your hopefull children.
Methie, April the 21, 1703.
The Laird of Garden att Poll Mese, Sterling — thes.
1706.] KEIB LETTERS. 523
Methie, August the 5th 1706. 302. My dear Cousin — I receved your leter by my cousin James, who came here on Friday last. I prevailed with hem to stay with us till Sonday was bye. I am very glad to see any of our frinds here ; I am much surpris'd that you tell me in yours that you got no account of my sister Margarit's death, I being so carefull to write every par- ticular about to you the very first post day after her death. My leter was dated from Dundie the 21 of June, dirrected to you at Mr. Walter Sterlings, according as you gave me the direction. I told you in it that she dy'd of a spoted feaver seven days after her delivery, and that she left two children behind her, whereof on of them hes been with me since May was a year ; the other is at nursing in the countrey near Kincaklrom. They are both boys. Mr. Brown is truly to be pitied, for he hes really lost a very good wife, but poor woman she was but beginning to come to her trouble. What will come of her children now I know not. I pray God provide for them. Dear Cousin, as for those peapers you write of to me, if I had a secure hand, I should send them over, but the Post being so uncertain, I'm afraid to venture them with it ; if that business will cost much money, I fear I will not get it done for after annualrents and publick dues are pay'd, and other necesarey things done, I have very little over ; but, dear Cousin, I hope you will help to get it as cheap as posible, for it would be very hard for me to be miserable after his death, in whos life I could never be happey. My son James is come home after being taken by the French, and all taken from hem, and shote through the left leg, although I bliss God he is now very well, and walks well again. I canot say but he is much beter of his travils, and hes been very frugall, for he had put a thousand marks to the fore, and if he had accomplished his voiage, he had reliv'd all his debts, for he was doctor of the shipe, and got leave to trade, so he had put all upon goods, his Capt. being kill'd after a most blody feight, the french being double their number, they were forst to surrender, after which some of the french, being drunke, shot amongst the prisoners, and it was then that my son got his wound, for you know the time of the ingadgment he was below. I think it necessary now that he stay at home, for since the sea is so dangerous, I'm afraid to venture hem abroad again. Now, dear Cousin, I send this to you by way of Drumond, so I hope you will let me here from you the same way again, for I hope it will be more secure than the Post. My sister Ann, Methie and my sons give all their humble respects to your- self, Lady, and Children, as I do, who ever shall be your most affectionat Cousin and obliged servant,
The Laird of Garden at Pollmese — theis. C. Steeling.
524 KEIR LETTERS. [1706.
303. Dear Cousin — I receved yours dated the 26th of Agust derected to Mr. Dowglas care. I esteem my self always hapey when I can here from you, and still the more when I know you are well, and as I have allways found you on of the best of my frinds, so I still find the continuance of the same, and since I am not able to reward you, I pray God Almighty do it, and I wish that my children may be still gratefull for the benefits both they and I have receved from you ; dear Cousin, the inclosd will now let you see what my intentions are anent my affears, which I think will be much easier then the other, for really money cannot be got by me ; as for my sons going abroad again is what I cannot think upon as yet, he having past such hazerds. I'm loath to expose him to more, and still what he gains to be taken from hem ; he is still very desirious to goe hemself, but I cannot consent as yet. I'm sorey for your son's misfortun in breaking his leg, but glad that he is in the recovering hand. I pray God make them all brave men to you. I am very sencible, my dear Cousin, of the loss you sustain by your dear son, but I hope in God he may retume to you again, with more comfort then ever. In the meantime, I pray God Almighty presarve hem. I'm sure he hes the good wishes of all that know hem. Methie and my sons give their humble duty to you. I'm sory the Lady Touch is become so tender. I heard nothing of it before. My humble respects to her, your Lady, and the rest of my good frinds with yow. I am, as ever,
Dear Cousin, your most affectionat Cousin, and oblidged Servant,
C. Sterling. Methie, Sept. the 26th 1706.
To the Leard of Garden att Pollmesse, Sterling.
No date; circa 1706.
304. My dear Cousine — I receved your Leter a prety while agoe, but could never, till now, get ane occasion to give you an answer, with my hearty thanks for your kindness and concerne in me and my familey. I still find you the same that you ever was. I pray God reward you ; wee are all well here, except the old man, who is very infirme, and still looking for death. My daughter in law was brought to bed of a daughter the sixteenth day of December last, a very prety thriving chyld as can be ; but, my dear Cousin, for that of being out of dificulties and troubels, is what I need never to think upon, for as one goes another comes, and this life is nothing but a perpetuall warfare. God Almighty give every one of us grace to suffer our crosses and tribulations as wee should do, and then it will bo happey for us in time and eternity. The first part of your leter I goe alongst with it very well, for I know whom God loves he often
1706.] KEIR LETTERS. 525
chastises, but the second part I do not so very well agree with, altho' I attribute it to ane affect of your kindness in wishing me to be what you judg best. I shall not pre- tend, dear cousin, to have clergy to your heighte, it not belonging to my sex, but sure I am to have the right upon my side, which, allass, you want, as it seems to me, from your own argument, for not to mention any other, for what you condemn in the principals of state, the same you fall into in reguard of the church, though you have fare greater grounds for the true church which you disown and disobey against my sentiments then for that of the state which both you and I own ; for example the light of nature, and the Christian law, doth both agree in this that wee should own and obey all lawfull powers under pain of damnation. So fare wee agree. But the law of nature allso tells us that the goodness of God being such that he would have all men to be sav'd whom he created for glorey in the possesing hemself, tells us allso that his justice hath lay'd down such a methode to save us, that all men, learn'd and unlearn'd, are capable to follow, in order to save them. The positive lawe of Christians confirms this, for in it I find in all the Creeds the Catholicke Church given us for our guide. Immediately after the beliefe of the Trinity, Christ in the holly Scriptures says the same, commanding us to believe the Church under pain of damnation, and very good reason for this, seeing he hath promised to be with her to the world's end, as allso the holly ghost the spirite of truth to sugest unto her all truth for this reason, who obeys her obeys christ, and who disobeys her disobeys christ, because its christ and the holly ghost that speaks to us by the mouth of the church, who consiquently mentains that she erreth, gives the lie to Christ and the holly Ghost ; its here, my dear Cousin, wee disagree, and I would to god you owned her authority with me, and this is my dayly prayer for you, this is a rule that all people are capable of, and wherby all may be saved who follow it, wheras your church of England, of which you glorey so much to be a member, and who but as it were yesterday, rebel'd from us in Henry the eight's time, contradicts herein both creeds and scripture. Here, in this main and only point, all the contriversy depends : for look to her confession or profession of faith in the book of commone prayer, and there you will find that after she sets down the creeds, she gives both them and christs promises the lye, in telling us that all churches can and cloth err, and consiquently leaves man to hemself without a sure and certain guide to conduct him to his last end. I know you will say he hath the Scripture the word of God for his guide — allass here you fall into the most terible blunder that can be, for whilst you flatter yoursalves with these apparent fine words, you leave all mankind to their own weake and erring judgments, and by it only they judg and determine with themselves which is Scripture which not, which is the true sence of the Scripture,
3 x
526 KEIR LETTERS. [1702.
which not, and so forth, which is the grounds of all your devisions and errors by usurp- ing that power which belongs onely to the church. I fear I may have wearied your patiance with so long a letter, so I will add no more, but that I am, and ever shall be,
my dear Cousin,
Your most affectionat Cousin, and ever oblidged Servant,
C. Sterling.
I offer my sarvice, dear cousin, to your Lady, and children, and all my other good frinds with you. My sister Anne is here, and offers her sarvice to you, as does like- wise my son and daughter. The rest of my children are all well, from whom I heard lately, except Sandy, god knows what is come of hem. I shall be glad to know when you heard from your eldest son, and how he is. Adew dear cousin.
To the Laird of Garden att Pollmese, Sterling.
Letter unsigned to James Stirling of Keir.
G-las[gow] 13 June 1702.
305. Sir — As for news, when the Parliament sat down
Duke Hamilton, as he was persuaded by Whitlaw and some other of his friends, did not protest, but give in a declinator, and took instruments ; after which he, with about eighty, left the house ; Kilbirnie, Polook and Duchall sate still ; the remaining part now sitting consist of 35 peers, 36 barrons, 43 broughs : It's thought this parliament will run high, being almost all of on party, and not on stikler in the whole house, Tarbet excepted. They talke that they propose to make an act declaring it treason to quarrel any thing they did, and passing an act to abjure the P. of W. and to exclude all from electing members of parliament that will not take the abjuratione. As for the forrain news, the K. of Sweden is still at Warsaw, and the K. of Polland at Cracow with the army of the Crown, expecting his Saxon forces to make head against the Swedes. The K. of Denmark has entered Germany with 17,000 men, upon what design not as yet known. The Duke of Wendome is at Goito, and intends to march against P. Eugene who is strongly entrenched att Borgo forte, and has a bridge over the Po to keejj communicatione with Modena, from whense he has his provisions. The allies made a vigorous attaque on the conterscarpe of Keiserswart, and altho' it was defended, seven French battalions in two hours time, with a great loss, made themselves masters of it. It's said they lost two Brigadiers Generals, 2 Major Generals, six collonels, the two Scots Lieutenant Collonels, and Major Hepburn, with the entire loss of these two Regiments. It's thought that the town has surrendered or taken by storme by this time. M.
1706-8.] KEIR LETTERS. 527
Bouslers with 50,000 men had almost surprised Athlone with 25,000 men, but by good luck, and Wirtenberg's advise, he got under the cannon of Nimegen wher he posted his foot on the Conterscarpe. The French got most of the baggage and some cannon, and did them a great deall of damage in their rear. The French have blooked them up with 44,000 men, and are furraging the eontrie round with 6000 horse, and all the Duch boors in Brabant and about Utrick are running before them. We have the Quen's letter to the parliament and the Comissioners and Chancelors speaches. She has asseured them she will mentain the Prisbeterian goverment, and desires them to lay on a found for maentaining the forces, and to suffer her to levy more as she thinks fit. The two speaches run out in commendation of K. W. and the Quen. For any thing that I see the Kirk will be higher than ever, nor shall we be able to bear their pride. Adieu. To the Laird of Keir at Calder— Thes.
Walter Stirling, Writer in Edinburgh, to Archibald Stirling of Garden.
Edinburgh, October 24, 1706.
306. Sir — The Parliament have read only eighteen of the articles of the unione. The
rabble are like to be uneasie to them ; they never miss to convey Duke Hamilton with
huzzas, and yesternight they became very formidable. They assaulted Sir Patrick
Johnstoun's house, and forced him to take shelter in the Castle ; then they went to the
Earl of Loudoun's, where Argyle, Marr, and the Register were supping ; they thought
fitt to go to the Abbey on foot with what traine they could make, — the rabble cursing
them all the way. The Council met and gave orders to the Earl of Levin to quell
the rabble, so three or four companies of the foot guards were sent up to the toun.
I am, Sir, your most humble servant, The Laird of Garden. Wal. Stirling.
Walter Stirling, Edinburgh, to James Stirling of Keir.
Edinburgh, 9 December 1708.
307. Sir—
This night we had ringing of bells for the surrender of the Cittadel of Lile on the 8th. We have not yet got the terms or conditions. The letters add, that Marlborrough was to invest Ghent next day after the date, which was the 10th. Yesternight the Arch- bishop of Glasgow died. God have you and your family.
I am, Sir, your most faithful humble servant, To the much honoured the Laird of Keir — These. Wal. Stirling.
528 KEIR LETTERS. [1708.
James Stirling of Keir, to Marion Stuart his Wife.1
308. My dearest life — We were received yesternight by a party of the Duke of Northumberland's horse ; they treat us civilly enough, and are to goe with us the greatest pairt of our journey, which will be very tedious ; their horses are so colded that they will not be able to march above a stage in the day. I am affrayed I shall not have much ocassion of writing to you in road, for we are not to goe the poast way. We are all very hearty and merry. I have nothing that troubles me but onlie my absence from my dear, without whom it is impossible I can long live, so if I be obliged to stay att London, you most ccrtainlie come up to me. We are to goe from this to- morrow. I offer rny humble service to my Lady Blantyre, and give her my most hearty thanks for the indefatigable pains she took about me while with you ; so I rest,
Berwick, May 2, 1708. H^J^//3^t ^TlUCt t/0Z6f£>-
To the Lady Keir, to the care of Mr. Walter Stirling, Writter in Edinburgh, att his lodging over against the foot of Marline's Wind, Edinburgh.
309. My dearest life — Tho' I have no new thing to write, I thought it my deuty to lett you hear from me. As I wrote to you befor, our journey will be very tedious, for it will be near a month before wee reach London. Wee are not to goe above a stage a day, and are to rest two dayes in the week, which will be very expensive. My Lord will tell you we are all very weell ; he was so kind as to come back ten miles to stay a night with us. lie long extreamlie to hear from you, which I can not expect until I write to you from
London. In the mean time I rest,
My dearest, allwayes yours, Anyck, May 4, 1708. Ja. Stirling.
To the Lady Keir.
1 The eight Letters, Nos. 308 to 315, are from James Stirling of Keir, to Marion Stuart his -wife. They were written while he was travelling to London, and after his arrival there, where he was carried in the year 1708, for being implicated in the threatened invasion of Scotland by the King of France on behalf of the Stuart family.
1708.] KEIR LETTERS. 529
310. My dearest life — To-morrow wee goe off from the post rode, I shall not have occasion to write you befor we reach London. Wee are not as yet half way, so it will be fully a fortnight befor wee come to London. Wee are very happy in a discreet officer who treats us very civillie. Their is ane other party to receive us on Monday, whom I wish to be as discreet. I am hopefull wee shall be civillie used att London. Give my humble service to all that asks for me ; so I rest,
My dearest Life, onelie yours, Borrowbridge, May 13, 1708. Ja. Stirling.
I desire you may write to my mother that I am weel. To the Lady Keir.
311. My dearest life — Wee are att lenth come to this place within ten short miles of Lon- don, where we wait for further orders. John Doubigney came out here yesternight, who gives us some hopes that we will be putt in the messenger's hands. We have all keept our healths, onelie our journey has been very tedious. My dear, I desire you may gett that money from John Miller, and write to Walter McTagert to sell the meal, for you most scrape what money you can together. I have sent to London to see if their be a letter from you to me. I intreat you write often. How soon I come to Lon- don, I'le be sure to lett you know what becomes of us ; in the mean time I rest,
My dearest, onlie yoiu's, Barnett, June 1, 1708. Ja. Stirling.
To the Lady Keir, to the care of Mr. Walter Stirling writter att Edinburgh, Scotland.
312. My dearest life — Their came a messenger for every one of us yesterday to Barnett, who received us from the party and brought us to town. We hade the choice of our own lodgings. Garden and I stay att my Lord Blantyre's house with our two mes- sengers, who are very civill to us. We are in the expectation of getting out very soon on baill, so I will not desire you to come up untill I see what becomes of us, which will be very soon, being to be examined in a few dayes. If you have a mind to see this place, I desire you may come up as soon as possible. My dear, I intreat for what money you want, you call for it from George Robisone with all freedome, as also from John Miller what money he still rests. See that the park dick be built this summer. Sir James Grey has been just now with me, who offers me his service. I expected a letter from you to me here. I have not heard from you since I came away, which makes me very
530 KEIR LETTERS. [1708.
anxious about you and the children, so I pray you write to me often. You most direct your letters for me, to be found at My Lord Blantyres Lodgings in Great Mallborough Street. Garden and Doubigney gives you their humble service ; and I rest, my dearest life, Onelie yours while I am
London, June 3, 1708. Ja. Stirling.
To the Lady Keir, att Keir, near Stirlin.
313. My dearest life — Things has quite changed since I wrote to you last, for yesternight
their came ane order for sending Garden and me to Newgate, where we are just now.
My Lord Drumond, Sir George Maxwell, and Robert Murray, are in the Tower ; the
rest are still with the Messengers, and expect to gett out very soon on baill. God
knows what this means, but we are still in hopes of getting soon out, so I intreat you
be not alarmed att it ; if I find I can not gett soon out, you most certainlie come up. I
am advised not to petition for eight dayes, then I will have a guess of our fate. The
second squade came to town this day, and are under messengers. My dearest, I have
not as yet heard from you, whiche makes me very uneasy ; I intreat you to write often.
So the blessing of God be with you and the chilclreu. I rest,
My dearest life, onelie yours,
Ja. Stirling. Direct your letters as I wrote to you formerlie.
Newgate, June 8, 1708.
To the Lady Keir, att Keir, near Stirlin, to the care of the postmaster of Stirling.
314. My dearest life — Their was never anything so agreable to me in my life time as yours of the 14, which I gott yesterday, by which I gott the most comfortable news of your being much better. I was extreamlie uneasie, but now, God be thanked, I am very weel. My dear, I expect to be bailed on Twesday, so I hope to see you in a short time. Anything you want here lett me know it by your first, that I may buy it. Wee are all very weel and hearty, and I assure you this is a palace in comparaison of the Tollbooth of Edinburgh. Against next post I shall be more certain against what time I will be bailed, which you shall be sure to know. My dearest, I entreat you write often to me. So praying the Missing of God to be with you and the children, I rest,
My dearest life, allwayes yours, Newgate, June 24, 1708. Ja. Stirling.
1708-14.] KEIR LETTERS. 531
315. My dearest life — I hope now to see you in a litle time. We are to be sent down
this week with Messengers, so in three weeks I expect to be att Edinburgh, and I
have assurance from the people here that in a litle time afterwards, we shall be bailled.
It is not fitt to write to you the reasons whey we cant here. I have write to Mr. Walter
Stirling to send a coach for you a fortnight hence. I intreat you'l be att Edinburgh
befor I come down ; if I don't meet you their I'l be out of all patience. My dear, I
have not heard from you these three posts, I pray God you be not worse then people
writes to me. If it be possible for you to travell, for God's sake be att Edinburgh
befor me. In the mean time I rest,
My dearest life, onelie yours,
Newgate, July 6, 1708. Ja. Stirling.
To the Lady Keir, att Keir near Stirling, to the care of the postmaster of Stirling.
From Alexander Rose, Bishop of Edinburgh.
316. Sir — After conference with Mr. Nisbett, (having found my self at som freedom,) I have complyed with your desire anent him, and this day have ordain'd him a presbiter. I wish that he may be usefull in the Ministrie, and servisable to good purposes to yow and your ladie and familie, all whom I heartily pray God to preserve, prosper and bless. I am with great respect, Sir, your most duetifull and most humbl servant,
Edinburgh, March 17, 1714.
#3 ^ITtlar^OL^
Patrick Edmounstoun to Marion Stuart, ' Lady Keir.'
317. Madam — I had yesterday the honnour of your Ladyship's of the 17th; under whose cover it came I cannot tell. However I'm heartily glad to hear of your La. and family's welfare. There is very little news going, especially since I wrote last to Mainer ; but as commonly people take the first alarm hottest, so we are not a little startled at the news of the Turks declaring war against the Eniperour, tho it seems to want confirmation, but the consequences they draw from it, the Spaniards will demand better terms than before. The Harlem Courant gives an account of a memoriall pub- lished by the Czar complaining of his minister's treatment at this court as a thing unprecedent ; but it's not surprising, he says, when the ministery here act for the enterest of Hannover, without regard to Great Brittain, and he does not wonder at it.
532 KEIR LETTERS. [1715.
They are unjust to foreign princes, since they betray their own country. How far the Congress at Brunswick may prevent the Duke of Holsteins asserting his pretensions to the succession of the crown of Sweden, in terms not pacifick, is what still remains miste- rious. Our stock jobbing, as it made a great many live in splendour and luxury last year, and as their circumstances were flourishing, so their fall is as great. That trade began in France, wee followed pretty closs their methods, and as that country is in a sad con- dition, and many of our honest countrymen brought to very great straits, it's to be feared that calamity may reach this place by following their footsteps, tho the par- liament gives the greatest application to search out the causes of the disease, and to find a remedy. Mr. Stanhope is before them to-day, and a short time will acquitt or expell him, and the rest of the members suspected of bribery. I'm extream anxious to be at home, and much the more if my being in Scotland could be any ways ser- viceable to your La. affairs. But since I have come up, and stay'd so long here, I ly under a sort of necessity to wait till the opening of the Book to see what I may recover of the monney I left here. Tho' I have met with ane disappointment, yet I may be pretty easie, since I don't stand amongst the worst of my countrymen, but rather almost singular on the other side, for being safe from loosing. I shall mind your La. com- mission about the Bazours. Baldie Stirling has been several times at Andrew Cock- burn's, though I have not seen him. I fancie his curiosity is not great that way. But I understand his business is to raffle a box as a fund to make seats for the school he is to set up. I offer my most kind and humble service to all with you, and I am with the greatest respect, D. Madam,
Your La? most obliged humble servant, London, 28th Febry. 1721. Pa. Edmonstoune.
To the Lady Keir, att Keir.
Sir Bobert Montgomery of Skelmorlie, Baronet, to his Uncle James Montgomery.
Bruntisland Castle, 30 Deer. 1715.
318. Dear Unkle — I must own that I have sufficient assurance if I did not entirely relay upon your goodness to me, as well as your generositie and your character of a good Christian, and forgiveing being one of the best marks, I hope you'll make use of it att this time to me in pardoning the crime I have commited against you in marrieing without your knowledge. When you use to press me to niarrie you always told me that you did not value money, providing the woman I took was of a good and vertuous character and of a good familie. The first is what no bodie that ever knew her doubts of, and for the
1731.] K.EIE LETTEES. 533
last when you knowe that she is immediately come off Keir's and Blaekbarronies families, you'll be convinced. I must confess I wish to God I had sooner follow'd your advise, for now I find their can be noe true happiness but in a vertuous love, and since I entered into it, I must own all my inclinations I had formerlie to roveing and extra- vagancies in myliveing, is now turn'd to the contrarie ; for I think a man of honour is to look to the interest and easines of his wife and familie. Tho' she has not mony, yet I doe assure you, were she acquent'd with you, which I hope in God shall be soon, you'll be of my opinion, that she is of more value considering her inward qualities. If youll but frankly pardon the only crime of consequence I'm perswaded her unkle will doe for her handsomley soe that our furder hapines depends upon your and Mr. Robert Murrays meeting, which hope yoidl order soon. I believe my Lord Annandale will writ to you about this affair also, and he'll convince you that the Goverment is intirly pleas'd with the service I have done, and zeal I have shown for it, since I came here, and if youll should punish me as I deserve, it may be of ill consequence, for my enemies may lay hold of it to disapoint me in my just reward I expect from the Gouverment. I pray to Almighty God heell incline you to forgivenes, for the future hapiness of two who loves to excess, and who ever will have a true duty to you, depends upon it, especially since my wife is gone six ore seven weeks with child, soe that your just resentment may disapoint me of what a value nixt to your forgivenes, a child. I need not, I hope, instance that all people of former ages, as well as the present, of religious and good characters, has placed their pried most in the act of pardoning. Nay our petition of the greatest consequence which our Savior has taught us is pardon us 0 Lord, as we pardon those that have offend'd us. Soe I doe not in the least doubt of your application of it att this time. Im,
Dear Unkle, Your ever humble and obedient servant and dutifidl Nephew,
Rob'1; Mountgomery.
Frances Stirling, Dowager Lady Montgomerie of Skelmorlie, to Hugh Montgomerie
of Skelmorlie.
319. Dear Sir — I receiv'd last night the malencoly account of my dear Sir Robert's death. God only knos my condition att this time, and what a surprise it was to me. The last letter I had from him dated the twenty-seventh of April last, he gives me an account of his being ill, but that he was recovring, and was to be att the revieu, and affter that to go to London — his frinds giving him hops to be provided for ; so that for a long
3 Y
534 KEIR letters. [1731-33.
time I beliv'd hini ther, for since that time I never heard more from him. Week before last I heard he gf&s dead by a letter writ me, dated the ninth of this month. Upon the recept of it, I went to Edinburgh, caus'd aske the Secretery of War, who said ther was no such thing, caus'd aske my deare Collonel, he said ther was no such thing, upon which I retourn'd home, satisfy'd that it was so. God only knos my melencoly and deplorable condition, that is far beyond expretion, for I belive I shall sink under my load. My letter is from one Jones ; I sopose an officer in the Eegement who acquainted me of it by orders given by him before his death. I am, Dear Sir,
Your afflickted Nise and affect, humble Servant, Agust 30th 1731. Fran. Montgomery.
The same to the same.
320. Dear Sir — I am now left a poor rnisarable widow, without the least comfort, or one single farthing upon earth, or credit so much as for murnings. My Brother has it as much in his inclinations to do for me as ever Brother had, but alass altogether unable to do it. So unless God dispose you to competionet my misarable children and me, we must pereish for want. I'm a poor sikly creture, unable to bear my havy havy load that is upon me. I can with safty say I have not wanted a Dockter from me thes two years by past, for a poorer destress'd creature was never then I. 0 ! Dear Sir, for Jesuse sake pitie my deplorable condition, for you are all, under God, that I have to depend upon for relife. In doing of it, you will ever have the prayers of the Fatherless and a Widow, who is with the greatest affection and regard, Dear Sir,
Your ever affect. Nise and dutifull humble Servant,
Sep1: 10, 1731. Fran. Montgomery.
James Stirling of Keir, to John Stirling, younger of Keir.
321. John — I was last week with Dougalstown, who told me Gorthie hade a letter latelie from the Duke of Montrose wherein he was very desirous you would stand for Parlia- ment man for the shire of Stirling. Tho it is what I have not freedome to do, if it were my own case, yett I now think it is hard to lay a restraint on others that may have that freedome, and considering that I am to breed some of my younger chilldren in a way which may probably oblidge them to take the oaths, I will not be disobliged at your taking them, if you have no scruple at them yourself. I think this a very good oportunity for you. You'l have all the Duke's interest, and I doubt not a good deal
1735.] KEIR letters. 535
more. If you incline to stand, there must be no time lost. You must speak ime-
diatelie to Gorthie and Mr. Grahanie of Airth, and concert your measures, for the
gentlemen of the shire must be imediatelie aplyed to. I think it proper you write
to the Duke about it. ... I am,
Your humble Servant, Cadder, July 24, 1733. Ja. Stirling.
To John Stirling, younger of Keir, Esq.
James Stirling the Venetian, to John Stirling of Keir, 12th December 1735.
322. Dear Sir — I am very glad of this opportunity of paying you my compliments, as I dare say you will be of an opportunity of serving one who well deserves it — I mean your brother Baldy. As I did not know whether you was in town or country, I wrote to Lill to acquaint you that he, in pursuance of the scheme lately communicated to you, goes out purser of a ship to Bengal. He got this post just as I arrived here, and it affords him opportunities of getting a considerable quantity of goods on board. As he sails to-morrow or next day, he had not time to trouble you for the credit you was so kind to offer him, and if he had gone a midshipman as he at first proposed, he did not intend to have troubled you, because in that station he would have run a great risque in getting any considerable effects on board. But since he got the purser's place, and could not wait for an answer from you, I have joined with him in a bond of 350£, which he receives here of Mr. John Fullarton, and is to pay the same to his cor- respondent at Bengal 30 days after the arrival of the ship ; by which you may observe, that Fullarton insures the money, because it is not to be paid unless the ship arrive. In the next place, you see that Baldy does not properly borrow the money, but only is intrusted to carry it out, to deliver it at Bengal, and has the advantage of taking it in goods, and making the most of them there.
Another thing I must acquaint you with is, that your brother Roby has above 100£ of Baldy's still in his hands, and it would be very hard for Baldy, who has so little to begin the world with, to leave that sum behind him. So I have ventured to get him 60£ of that money in the easyest manner could be contrived : which is, that he draws a bill on Mr. Ouchterlony for the 60£ payable in 4 moneths, which Mr. Ouchterlony accepts on my endorsing it, and to free me, your brother draws a bill on you for the sum payable to me in 6 moneths, which is a long time, and as I am informed, you have above that sum of Roby's money in your hands. But there is no probability that ever a farthing of it will be demanded, for it is near four moneths since Roby made the
536 KEIE letters. [I735.
last remittance to Baldy, and he wrote then that he would continue remitting daily till the whole should come ; but the weather has been so bad that few ships have lately come from Jamaica, it would be nothing to us if the goods should be cast away because they are always insured, and when they arrive they are to come to Mr. Ouchterlony, who is to dispose of them by my consent to the best advantage.
I hope you will accept the bill, and at the same time give me a bond of relief for the 350£. I would not have been so ready to trouble you, but I assure you I stand engaged at present for no less than 846£ on the account of Baldy, the parson, the Laird and Gregory. Keir and my lady think me very unkind to the Laird, altho' I have given him credit for 216£, and if you deny this favour to a brother so much more deserving, what will the world say of you, who are so much more able, and more and more may you be so every clay. I shall now give you a piece of news and business mist together.
Dr. Fullerton no sooner got a sight of this new wife but he was pierced to the heart, and if any thing seemed to go cross, altho' but a trifle, he was as much sunk as for the death of the former. In such a condition he could not be without a confidant, and whom does he light on but our Laird, a proper person to hear all the wise discourse that would be on that occasion. The Laird went every morning and dressed him before he went to visit his mistress, and met him duly to hear his success ; and whereas all the ladies, especially the acquaintance of the former wife, railed freely at the Doctor for being in such a hast, the Laird went through scolding them all like a Billinsgate wife in favour of the Doctor, who in reward of these faithful services at last offered to get liim a Company of Foot in the India Company's service by the assistance of his new allies ; but the Laird not liking to fight with black men on his own account, so well as flyting with white women on his friend's account, modestly declined accepting the offer, as being engaged to go to Jamaica in a sure way to make a fortune. So the interest offered to Charles is secured for your brother Harry, and what other we can join to it. Nobody can tell what may come of the affair, but I think Harry should not be disposed of till you hear further ; if it does succeed, he will be in a fair way of making a fortune soon : and two brothers in the same place would be a mutual advantage to one another, because in case of an accident, the one would be on the spot to take care that the effects of the other were not embezzled, as it commonly happens in those distant countries : this would be an infallible way to raise both their credits. I always am, with great sincerity and respect, Sir, * . y
Your most obedient humble Servant, fl'ft/ftijCd ^Z£y*ffiK&
London, 12 December 1735. ^r
To John Stirling of Keir, Esq., at Keir, to the care of the Postmaster of Stirling.
1742.1 KEIR letters. 537
Archibald Stirling to his brother John Stirling of Keir, October 25th 1742.
823. Dear Sir — Your agreeable favour of December the 31st, 1741, is now before me, which I do assure you was very welcome ; as it's the only one I have received from you these two years. I'm much oblidged to you for the kind concern you express after my health, which I thank God is now pretty well restored, tho' I can't say cjuite so well as I could wish, nor indeed do I ever expect it will, however temperance and spirits (of which last I have tolerable share,) will I hope keep me alive, at least till such time as I have the pleasure of seeing my friends in Europe. I am heartily sorry for the deaths of uncle John and poor Charly. I believe the latter would have proved a very judi- cious man and extremely proper for the business he was in. I dare say it will be a great loss to Hugh, as I suppose they were designed to carry on a joint trade, but I hope that loss will in some measure be made up by Lewis, who, if I remember right, promised to be much such another. I have not had a letter from Roby for some time. I'm glad to hear he and Janry are doing well. This war must be a fine harvest for Rob, and I dare say he will make hay while the sun shines. I had a letter last year from Harry, who seems to be very well pleased with the situation he is in. I suppose before this comes to hand you'll have heard of his being dignified with the title of Re- sident at Sillibar, a place which I believe you'll not find out in the most modern map. for I dare say never Christian was there before. I have not had a letter from him since his advancement, but I'm told he can pick up a good deal of money. As I'm upon money matters, I shall beg leave to trouble you with a small sketch of my own present situation and future views. I still continue in the Surat trade, and shall sail in a few days for that port. I have hitherto met with good success, both for myself and owners, which is the reason the employ has been so constant, and I hope will continue so till I have done my business. At present I reckon myself worth £4500 sterling, and the voyage I am now going upon will, I expect, improve my fortune a thousand or twelve hundred pounds. As soon as I have mustered up eight thousand, I propose coming home, but as I'm afraid I shall never be able to reconcile myself quite to a country life, and the income of that sum too small to live in London, I shall be obliged to look out for some employment, and what that may be I have not as yet fixed on, unless an agency to a regiment, which if it doth not yield a great profit, recmires no very close attendance, a thing which I should very much choose. However, it is possible when I have arrived at the above sum, if I have any tolerable prospect, I may be induced to stay till I make it the even ten : this is all I can say of myself at present. I should, in
538 ■ KEIE LETTERS. [1746
my turn, be very solicitous of being particularly informed of your affairs, was I not well assured, that from your good management and oeconomy, they are in as good a posture as your best friends could wish ; and I dare say you have been before now so easy in your circumstances as to have with safety ventured on a wife with a Scots fortune only, but I doubt you want something extraordinary, which is the reason you still continue a batchelour. Consider you are pretty near the meridian of life.
I'm much obliged to my friends for the trouble they have been at about the Manila affair. I was all along doubtful of the event, had the peace continued, but knew it to be impracticable in our present situation. I hope the trade I am now in will do my business sooner or later.
I should have been glad to have seen my two young cousins. I think their father have sent them abroad full soon, for boys of their age seldom learn any thing that is good, unless they fall into the hands of some discreet person, whom it's pretty difficult to find in a sea life. I observe by the Gazettes, as well as your letter, that Sir James and Craigends are returned to Parliament for their old shires, and that the latter had the general thanks of his constituents for his behaviour in the last. Since the Ante- courtiers have at last prevailed, I doubt not but they will remember him for his firm adherence to the cause of liberty, for I believe he both wants and deserves it. I am heartily sorry for the death of poor Tom Watts : it must be a great misfortune to his family, especially at the juncture it happened, since they probably would have reaped advantages from the friendship he had cultivated with the people now in power.
I would [have] thankfully accepted your offer in relation to that small sum in Mr. Ouchterlony's hands, but have appropriated it to another use. Pray give my kind service to all friends and acquaintances, which concludes me with assuring you, I most sincerely am, Dear Sir, your most affectionate and obedient humble Servant,
Calcutta, Oct. 25, 1742. Aechd. Stirling.
To Jn° Stirling of Keir, Esq6.
James Stirling of Keir, to his son Robert Stirling.
324. Dear Roby — Captain Smith is just now with me. You'l be desirous upon this extra- ordinary event to know what is become of us. Indeed from the beginning I was certain it would end as it has done. I diswaded your two brothers from being concerned in it, but to no purpose ; they are now in a place of safe tie. As for myself, I did not medio in it. I was putt up here as a disafected person, but not by an order from any in
1748.] KEIE letters. 539
the goverrnent. I expect very soon to be liberate. I have not time to write any more particulars. I fancy your brother has done it. So, my dear child, adieu. Dumbarton Castle, 7 Sept. 1746. Ja. Stirling.
To Mr. Robert Stirling, merchant in Kingstown, Jamaica.
John Stirling of Keir, to his brother Archibald Stirling.
Cadder, Tuesday, November 1st, 1748. 325. Dear Brother — Nothing in this world could give me more satisfaction than yours of the 4th of February last from Calcutta, which I receiv'd five weeks ago, and of the 1st of last month from Lisbon, which I received yesternight, and I hope in God against this reaches London, you shall have safely arrived there, where I had a great desire to have met you and returned to this country with you, but our Father's state of health is so very uncertain, that it makes it impossible for me to leave the place. In the month of January 174f , when prisoner in the Castle of Dunibriton, he was taken ill of a Hydropsy, on account of which he was on the 29th day of that month liberate, and came home, when he underwent a course of medicine, and got pretty well again, in which state he has continued till the beginning of last month, when he was taken ill again, and is at present under the same course of medicine as formerly ; but considering his age, which is this very day 69 out, being born on the 1st of November 1679, and the approaching winter, the Physicians dread the consequences much. However tho' he is very weak, he has as yet, which is a great mercy, no pain. My mother, I thank God, and all other friends are well. I had the misfortune May last, by my horses falling with me, to dislocate my shoulder, but was soon perfectly recovered. Your old acquaintance, John Bell of Antermony, now lives with his wife in or near London. When I write him he desires me to direct for him at the Pennsylvania Coffeehouse, so there, to be sure, notice may be had of the place of his abode. As he was with us last summer, he can give you a particular account of us all ; tho' no great variation has hapned in any thing since the last letters you received of mine. I wrote you on the 15th day of May 1747, in answer to one of the 30th of November 1746, I received from you by the Advice Boat sent from Bengal with the accounts of the French taking Madrass ... I shall at present trouble you no further, but hoping to hear quickly of your safe arrival at London, subscribe myself with the utmost sin- cerity and regard, Dear Brother,
Your most affectionate and obedient humble Servant, To Mr. Archibald Stirling. John Stirling.
540 KEIR LETTERS. [1748-49.
The same to the same.
Cadder, Friday, February 10, 174§.
326. Dear Brother — I this moment received the favour of yours of the 2nd instant at this
place, where I have been for some days past waiting on my father, who I think now
cannot hold out long. Pie has ordered his interment to be at Dunblane. So I design
to transport the corpse from this place to the Keir, and have the interment just as if
he had died there. I return you many thanks for the kindness you have shewn, and
the care you have taken of poor Hughie. I hope he shall do very well
Do not, I entreat you, make yourself in the least uneasy about your not coming clown
at this time. Every body knows your reasons were sufficient, and I think you have
given substantiall proofs of your being neither neglectful or indifferent about your
friends. I shall trouble you no further at present, but subscribe myself,
Dear Brother, yours, &c.
John Stirling.
To Mr. Archbald Stirling, at the Jerusalem Coffeehouse in Exchange Alley, London.
The same to the same.
Cadder, Monday, February 27th, 174f.
327. Dear Brother — I am heartily sorry to acquaint you, that on Saturday last, at ten o'clock at night, our father almost without any struggle, departed this life in his chair, in my mother's and his own room, being the same that was my grandmother's when we came to Cadder. The first time we apprehended him to be so near his end was Thurs- day last in the afternoon, when he was taken ill with a shortness of breath, which con- tinued for two hours or so ; however he got the better of that fit, and continued so easy in his breathing, that we believed he might live several days, till he was seized again with it about half an hour before his death. He keept his senses and spoke to the last moment. He stood on his feet when he found himself taken ill, and continued so till the last, when he said, all was over, and sat down in his chair and expired. As I wrote you formerly, he had ordered his corpse to be interred in the Church of Dunblane, the burial place of his family, so I design to perform that duty Saturday next, by transport- ing the corpse in a hearse, attended by two mourning coaches with eight gentlemen, on Friday first to the Keir, and next clay have then a decent dinner for twenty gentlemen more at noon, and at four o'clock afternoon, being Saturday the fourth of March next,
1749-50.] KEIR letters. 54 j
carry the corpse in the hearse, the coaches and company attending, to the Church, which is a mile from Keir, and lay them in the grave, when the company will imme- diately separate. You shall hear from me again on the Monday after the interment, that is, this day se'night. My mother, who has had a good deal of fatigue this while past, is, poor woman, as well as can be expected. I must beg the favour of you to apprize Hugh, Kobbie, and Jamy of their father's death as soon as possible. All the ships for Jamaica from this are gone, nor are there any to sail for a great while, and please tell them it is by my particular desire you write them. I ever am, Dear Brother, Your most affectionate and obedient humble Servant,
George Goring, Calcutta, to Archibald Stirling, Esq.
328. Dear Sir—
I now come to the melancholly part. Your poor brother Hugh departed this life the 7th of April, to my great grief, for I do assure he would have turned out an able man, and entered into the trade of India with a judgement greater than could have been imagined. In him I lost a faithful assistant, and I do assure you nothing should have been want- ing on my part to have advanced his interests. I performed the last office of a friend, and attended him to his last abode, with a decency suitable to the occasion. The little fortune he had, he, by will, left under the direction of Mr. Orme, to whom I gave his books, with all he had on board the Danbury, of which I suppose he will send you the account. I am the more concerned at this misfortune, as it has quite taken out of my power all means of shewing you the sense I have of your past favours, by the endeavours I should have made use of to promote his interest and welfare.
Your most obliged humble Servant, Calcutta, Dec. 13, 1749. Geo. Goring.
To Archibald Stirling, Esq.
William Watts, Calcutta, to Archibald Stirling, Esq.
329. Sir — I am extremely sorry I have it not in my
power to return the obligations I lie under to you, your poor brother Hugh dying at
3 z
542 KEIR LETTERS. [1751.
Fort St. Davids. What makes his loss the greater, is, he was deserving of every friendly office, for his understanding was good, his temper sweet and amiable, had a very good notion of business, and would certainly have succeeded well in life. How- ever, as dwelling on this subject must be very disagreeable, I shall conclude with my best wishes for your happiness, and with my sincere assurance, that I shall gladly embrace every opportunity to return your favours, and in commanding me you will
give me pleasure. I am, dear Sir,
Your most obed. humble Serv'. Calcutta, Febry. the 10th 17f §. "W™ Watts.
To Mr. Archibald Stirling.
Colonel William Erskine of Tome, to Archibald Stirling, Esq.
330. Sir — I was favoured with yours of the 7th yesterday. I must freely own to you that I received your proposals with pleasure. Your fortune is unexceptionable, but I assure you, Sir, what weighs more with me is your character, and the family you are come off; and had you a much less fortune than you have, you should have my con- sent. I had a letter from my daughter, wherein she tells me the proposal is agreeable to her, so I see no reason why you may not go together when you please. I'm glad you propose it to be private, for that is what I should have insisted on. I have wrote my oppinion fully both to Mr. Erskine and Mr. Dundas. I have left every thing to their manadgement, so whatever you and they agree to, I shall be satisfied. I wrote last post to Mr. Erskine. He will acquaint you with my sentiments, and I hope they will be agreeable to you. I must say something of my poor child. I assure you, Sir, her temper is agreeable, and as she is very young, you will have her of your own breeding. She has been an agreeable comfort to me, and I hope she will prove so to you. I pray Grod you may both live to be a blessing and comfort to one another, and I don't care how soon you make me a grandfather. I really think you will both spoyle lukly if you don't soon. May all happyness attend you, and believe me always, with great sincerety, my dear Sir,
Your most faithful humble Servant, London, Febr. 14th 1751. Will. Erskine.
Walter, eighth Lord Blantyrc, to Archibald Stirling, Esq.
Paris, the 20th April [1751.]
331. My Dear Sir — I received very lately the agreeable news of your marriage with Miss Erskine. I felicitate you most sincerely on the happy occasion, and on the choice you have made. I had the pleasure to see the young lady at Duns Waters just before I
1757.1 KEIR LETTER8- 543
came abroad. She seemed very pretty and quite amiable. I am persuaded you can- not fail being happy with so fair and so gentle a partner ; and I flatter myself that you will add one to the number of those fortunate husbands who gather the roses of matrimony without their prickles. There is one thing I am sure of, if my wishes can add any thing to your happiness, they are all yours. I received some time ago your kind letter in relation to my brother's going out with Mr. Lyon, and am much obliged to you for interesting yourself so kindly in my aifairs and those of my family. The letters you were so good as to send to John Stuart, I am afraid, are thrown away upon him. He has, I am told, altered his scheme. The only thing I regret, is, the trouble I have given you. Adieu my clear Sir. If I can be of any use to you here, pray employ me. I beg leave to offer my compliments to Mrs. Stirling, to Lady Keir, and to all the family. I am, dear Sir,
Your most obedient humble Servant, P.S. — I shall write to my friend Mrs. Lilias very soon. Bljlntyre.1
John, twelfth Lord Gray, to Archibald Stirling of Keir.
Gray, July 9, 1757.
332. Dear Sir — I never was so much struck in my life as at the receiving the letter you wrote me acquainting me of my good friend your brother's misfortune. Both relation and regard for his many good qualifications renders it the heaviest stroke that I could have met with, even had it not been so sudden. I am as sorry (tho' much less sur- prised) at the melancholy accounts of Lady Stuart's health, as I had heard of the danger she was in from Keir when he was here. I must beg of you to take the trouble to let me know from time to time how they both do. God Almighty comfort my Aunt, who, without these last strokes, had before met with many causes of grief in the loss of her children. I have often designed to have done myself the pleasure of seeing you at Cadder. Many things have come in the way to prevent it hitherto, but I shall certainly make it out soon, being, I do assure you, with very great regard,
Your most obedient humble Servant,
Gray.
Be so good as make my compliments to Miss Lilias, your sister, and all other of your friends.
To Archibald Stirling of Cadder, Esq., at Cadder, by Edinburgh.
1 The next Letter to the above in the Keir Collection, is one from Mr. John Ersldne to Archibald Stir- ling, dated Edinburgh, 23rd May 1751, in which he says — 'Just now I mett Major Macltay with a Letter ' in his hand, informing him of Lord Blantvre's death at Paris the 10th instant of malignant fever: God ' pity my Lady Blantyre. It is a considerable loss to all his friends.'
544 IiEIE LETTERS. [1757.
William, second Duke of Montrose, to Archibald Stirling of Keir.
Buchanan, 14th July 1757.
333. Sir — This moment I have received yours with the melancholy account of Keir's death,
and most sincerely sympathize with you, and all the family, on this mournful occasion.
My regard for your brother was sincere, and my concern is unfeigned, who am, with
truth,
Your sincere friend and faithful humble Servant,
[ Montrose.]
George, sixth Lord Elibank, to Archibald Stirling of Keir.
334. Sir — I have all the regret for the loss of your brother that's due to an acquaintance of above forty years, a relation that did me honour, and to a friend whose sincerity I have proved, and whose good sense has been of use to me on many difficult occasions. Losses of this kind are irreparable ; at my time of life the age of acquiring friendships is past, and we can little spare the few we had, and yet the older we grow, we stand the more in need of them. You will not doubt of my sincere condolence ; and on your brother's account, your family's and your own, I am, Sir, with truth and real esteem,
Your most obedient and most humble Servant,
Balencrief, July 15, 1757.
Francis, fifth Lord Napier to the Same.
Edinbellie, July 19th, 1757.
335. Dear Sir — Yesterday I had the favour of your letter from Falkirk. I cannot express to you the concern that your brother's death gives me. An acquaintance begun at school more than forty years ago, upon which was founded an intimacy and friendship never once interrupted, produced a love and esteem for him in my breast, that makes this melancholy stroke to his family and friends fall very heavy indeed. I knew his merit, for I knew him well. I believe few people knew him better. My regard for him, not indeed equal to his merit, was as great as I was capable of. I flattered myself that he had a friendship for me ; he gave me marks of it, and I believe it was so. I wish it was in my power to shew you and his family the respect and love that I must ever have for his memory. If it could have testified my regard in the least, I would
1757.1 KEIR letters. 545
have walked a-foot twenty times the way to have assisted this day at the last office, but I think you judged right in performing that duty in a private manner.
I beg you to make my compliments to your Lady and all the family on this me- lancholy occasion, and to believe, that tho' I have not the pleasure of being so well acquainted with you, as I was with your brother, your acquaintance and your friend- ship is what I wish and desire. I am, with real esteem and regard,
Dear Sir, your most obedient humble servant and cousin,
John, twelfth Lord Gray to the Same.
Kinfawns, July 26th, 1757. 336. Dear Sir — I most sincerely condole with you, and with all your family, on the death of your worthy Brother, and my inestimable Friend. Could merit, honesty, and virtue have prevented the fatal blow, he surely had been spared many years for a comfort to his friends, and a blessing to his neighbours. But since it hath pleased G-od to order that it should be otherwise, what have we to do but to acquiesce without repining, tho' it is impossible not to grieve at so severe and so sensible a stroke. I must beg the favour of you to let me know how your mother and sister Lady Stuart are. Your Aunt was vastly affected with the melancholy news, and the more so, as she had but so lately seen him so gay and so chearful. She too, I am afraid, is in an indifferent state of health, but as yet no very dangerous symptoms appear, and you may be sure no care nor attention will be omitted that can contribute to her recovery. It is pro- posed she should stay with her daughter Lady Ballegarno. I offer my compliments to Mrs. Stirling, and all other friends in your neighbourhood, and I am with all truth and regard, Dear Sir,
Your affectionate humble Servant,
546
337. Lord Gray also commemorated his Friend's Death in the following Verses
[Written at Gray, in July 1757, by John Lord Gray, on the Death of his Cousin, John Stirling of Keir, who Died of the Palsy at Edinburgh, 7th July 1757.]
Little, alas ! I deem'd, when balmy May, Mother of flowers, and fragrant blossoms fair, Shower'd odours from each bush, and bank, and brake, While tasting every gay variety Which roseate summer yields on every hill, On lawn and thicket intricate, and grove, Stirling and I Ml indolently stray'd; I little deem'd that e'er the budding rose Had shed its silken leaves, the weeping muse Should strike the lyre to sooth his fleeting shade.
If e'er a mother mourned an only child, K e'er a lover mourn'd a mistress lost, If e'er compassion touch'd a tender breast, Bidding soft tears distil for others' woes; With sympathetic feeling I will mourn Stirling's lamented fate and timeless fall. Come weeping Queen of Elegiac Verse, If thought can comprehend, or words express, [Or tears declare our grief, then let thy tears1] In sign of sorrow flow, while we inscribe This artless mark of friendship on his tomb.
Stirling was gentle, bountiful, and good, Grave without dulness, with composure gay, His thoughts still just, as justly he expressed, In native eloquence, as full as clear As flows the current from a copious spring. Age, charmed, attentive, listened while he spoke On high important subjects, or explained
1 This line is inserted to fill a gap in the MS.
547
Matters momentous, with a judge's skill Deep versant in the laws. The choir of youth Enraptured crowded round him, when from these He quick descending, with complacent mind, Inspired each frolic, and improved each joy.
Yet all avail'd not, neither richest stores On him show'r'd largely, by the liberal hand Of our all-giving Maker, and which he As liberally effused, when pining want, Or fell necessity, show'd subjects fit For his unceasing bounty. All these gifts Of God and nature could not stay the doom Of unremitting destiny, nor move The grizzly king of terrors to be kind. He fell lamented by the young and gay, The old and sober, in each place where Fame, With all her wings, and all her tongues, had spread His praise, his merit, and his much lov'd name.
A copy of these verses was taken, on the 30th January 1848, from a collection of MS. letters and poems, chiefly written by John Dunlop, and addressed to George Chalmers, which was then for sale at the shop (in Piccadilly) of Mr. Thomas Thorpe, the well known bookseller in London. John Dunlop, who dates from Port-Glasgow, early in the present century, appears to have been assisting George Chalmers in collecting materials for a collection of Scottish fugitive poetry. The above verses were obtained, as the letters indicate, by Lady Stuart of Castlemilk, from Charles Stirling, nephew of the subject of Lord Gray's Elegy. John Dunlop 'was a younger brother ' of Mr. Dunlop of Garnkirk, Lord Provost of Glasgow, and afterwards collector of ' customs at Port-Glasgow, where he died. He was a man of sound sense, consider - ' able wit and humour, sang beautifully, and was the author of a privately printed ' volume of poems.' [Glasgow and its Clubs, by John Strang, LL.D. 2nd Edition, 4to. Glasgow, 1857. P. 45, note.]
548
EXAMPLES OF SPELLINGS OF THE SURNAME OF STIRLING
WITH THEIR DATES, AND WITH REFERENCES TO THE PAPERS IN WHICH EACH OCCURS.
Page
1. Strevelyn c. 1160 4
2. Strivelin c. 1180 5
3. Striuelyne 1227 5
4. Striveline 1292 14
5. Striwelyne 1338 198
6. Stryvelyne 1339 15
7. Streuyllyn 1357 198
8. Streuylyn 1357 199
9. Striulyn 1382 200
10. Striuelyn 1382 200
11. Strivelyne 1407 4
12. Streuelyn 1414 206
13. Streveline 1420 20
14. Strevylling 1421 9
15. Strewyllyng 1422 208
16. Strewynlyng 1422 208
17. Stirling 1433 212
18. Streuelyng 1434 213
19. Striwylyne 1446 217
20. Strivelyng 1447 218
21. Stryvelyng 1447 219
22. Streueline 1448 220
23. Sterling 1448 221
24. Striueline 1448 222
25. Striuelin 1448 222
26. Striueling 1459 230
27. Stervelyng 1461 11
28. Streueling 1466 239
29. Striuelyng 1472 244
30. Stereling 1477 249
31. Streling 1477 250
32. Sterulyng 1487 259
* Warrant by Mathew Earl of
Page
33. Stiruelyng 1487 261
34. Stirlyng 1487 262
35. Strewiling 1488 262
36. Streviling 1488 263
37. Strevelyne 1492 11
38. Styrling 1493 263
39. Styrlyng 1502 276
40. Strivelynn 1502 276
41. Striuiling 1503 279
42. Stryuelyng 1508 288
43. Strevelinge 1516 309
44. Stirueling 1528 331
45. Stryueling 1531 343
46. Stirveling 1542 376
47. Strivilling 1542 35
48. Strivilyng 1545 387
49. Strevleng 1546 395
50. Stryveling 1554 43
51. Sterveling 1565
52. Sniveling 1570 419
53. Strivelinge 1588 42
54. Striviling 1606 436
55. Stirvling 1618 153
56. StrOm 1646 484
57. Sterline 1647 486
58. Stirline 1649 487
59. Sterlinge 1652 460
60. Sterlyn 1653 460
61. Starling 1654 145
62. Starlinge 1654 145
63. Stirlinge 1677 513
64. Stirlling 1677 513
Lennox [Eglinton Charter Chest.]
549
339. CATALOGUE
OF THE
PORTRAITS OF THE STIRLINGS OF KEIR
AND SOME OF THEIR CONNECTIONS, PRESERVED AT KEIR AND CAWDER.
The Pictures, when not otherwise described, are on Canvass.
The following Abbreviations have been employed — F. L. Full Length. T. Q. Three Quarters. H. L.
Half Length. B. Bust. Hd. Head. m. married, b. born. d. died. c. copied, p. painted.
iv. ivory, pa. panel, pap. paper, era. crayons, wa. co. water colours.
AT KEIR.
ARTISTS.
1 . Elizabeth Stirling, daughter of Sir James Stirling of Keir ;
m. 1572, John Napier of Merchiston ; d. 1579. C. from the original (now lost or missing), formerly in the collec- tion of Lord Napier, at Thirlestane, Selkirk. B.
2 feet 6 inches high, 2 feet 1 inch wide. G-regor Urquhart.
2. John Napier of Merchiston, inventor of logarithms ; b. 1550 ;
d. 1617. C. from the original in the College of Edin- burgh. B.
2 feet 6 inches high, 2 feet 1 inch wide. Gregor Urquhart.
3. Sir George Stirling of Keir ; b. 1615; d. 1667. B.
2 feet 3 inches high, 2 feet wide. George Jameson.
4. Honourable Margaret Napier, eldest daughter of Archibald
first Lord Napier, second wife of Sir George Stirling of Keir; b. 1615; m. 1630; d. 1633. B.
2 feet 3 inches high, 2 feet wide. George Jameson.
5. Major John Stirling, eldest son of Sir John Stirling of Garden ;
b. 1614; d. before 1639. B.
2 feet 3-jt inches high, 2 feet wide. Unknown.
6. Sir John Stirling of Keir; b. 1638; d. 1684. B
ihes wide. Unkn>
4 A
2 feet 4 inches high, 1 foot 11 inches wide. Unknown.
550 FAMILY PORTRAITS AT KEIR.
ARTISTS.
7. Lady Margaret Livingston, daughter of Alexander second
Earl of Linlithgow ; m. — 1st, Sir Thomas Nicholson of Carnock, 2nd (1654), Sir George Stirling of Keir, 3rd (1668), Sir John Stirling of Keir; d. 1669. B.
2 feet 2^ inches high, 1 foot 11-J inches wide. Unknown.
8. Lilias Colquhoun, eldest daughter of Sir John Colquhoun
of Luss, Bart. ; m. 1675, Sir John Stirling of Keir ; d. 1726. B.
2 feet 1\ inches high, 2 feet wide. Unknown.
9. Lilias Colquhoun, with her grand-daughter Lilias Stirling
(b. 1707), daughter of her eldest son James. T. Q.
4 feet 2\ inches high, 3 feet 5 inches wide. Unknown.
10. Elizabeth Stirling, fourth daughter of Sir Archibald Stirling of Keir ; b. 1647 ; m. James Seton of Touch. C. (1849) from the original at Garden, formerly at Keir. B.
2 feet 2i inches high, 1 foot 11 ^ inches wide. Samuel West.
11. Archibald Stirling of Garden, third son of Archibald Stir- ling of Keir ; b. 1651 ; d. 1712. C. 1849 from the original at Garden, formerly at Keir. B.
2 feet 2-J- inches high, 1 foot \\\ inches wide. Samuel West.
12. James Stirling of Keir; b. 1679; d. 1749. T. Q. , Probably
4 feet 2 inches high, 3 feet 3| inches wide. j gh. JonN Medina.
13. Honourable Marion Stuart, eldest daughter of Alexander fifth Lord Blantyre ; m. 1704, James Stirling of Keir;
*■ m°- T- Q- ( Probably
4 feet 2 inches high, 3 feet 4| inches wide. jg;r Jqhn MjEmNA
14. Lilias Stirling, daughter of James Stirling of Keir ; b. 1707 ;
d. 1775. T. Q. , Probably
4 feet 2 inches high, 3 feet 5 inches wide. jSir John Medina
or one of his Sons.
15. John Stirling of Keir; b. 1704; d. 1757; aetat. 35. P.
at Edinburgh, 21st Feb. 1839. T. Q.
4 feet \\ inches high, 3 feet 3 inches wide. Bellucci.
16. John Stirling of Keir ; b. 1704 ; d. 1757 ; setat. 47. P. in
1752. T. Q,
4 feet 2 inches high, 3 feet 3^ inches wide. Unknown.
17. Archibald Stirlingof Keir ; b. 1710 ; d. 1783. P.1749. T.Q.
4 feet 2 inches high, 3 feet 3f inches wide. Tiiomas Hudson.
FAMILY PORTRAITS AT KEIR.
551
ARTISTS.
18.
19.
20.
21.
20
23.
24.
Margaret Erskine, daughter of Colonel William Erskine of Torrie; b. 1733; m. Archibald Stirling of Keir, 1750; d. 1761 ; setat. 25. P. 1758. T. Q.
4 feet 2 inches high, 3 feet 4 inches wide.
Anno Hay, eldest daughter of Alexander Hay of Druniekier,
widow of Sir Patrick Hepburn Murray, Bart, of Bahnanno ;
m. 1762, Archibald Stirling of Keir; d. 1807. T. Q.
4 feet li inches high, 3 feet 3f inches wide.
Margaret Stirring, daughter of James Stirling of Keir ; b.
1720 ; m. Sir Hugh Hamilton of Rosehall ; d. 1802. H. L.
2 feet 6 inches high, 2 feet 1 inch wide.
James Stirling of Keir; b. 1766; d. 1831. P. 1826. F.L. 7 feet 1 inch high, 4 feet 8-J- inches wide.
Charles Stirling, fourth son of William Stirling of Keir ; b. 1771 ; d. 1830. C. 1844, from the original (P. in 1827,) by William Boss at Cawder. B.
2 feet 6 inches high, 2 feet ^ inch wide.
Charles Stirling, fourth son of William Stirling of Keir. P. 1849, partly from the original by William Boss at Cawder, (P. 1828,) and partly from recollection. B.
2 feet 6 inches high, 2 feet i inch wide.
Thomas Hudson.
Unknown.
Sir Henry Raeburn. William Ross.
Gregor Urquhart.
JonN Partridge.
Christian Erskine, widow of Charles Stirling, fourth son of William Stirling of Keir. P. 1849. B.
2 feet 6 inches high, 2 feet ^ inch wide. John Partridge.
25.
26.
•27.
28.
Bobert Stirling, fifth son of William Stirling of Keir ; b. 1772; d. 1808. B.
2 feet 6 inches high, 2 feet 1 inch wide.
Marion Stirling, eldest daughter of William Stirling of Keir ; b. 1774; d.l842. P. 1848, from a miniature by R. Cosway. B.
2 feet 2 inches high, 1 foot 10 inches wide.
Jane Stirling, third daughter of William Stirling of Keir ; b. 1775 ; d. 1835. P. 1848, from a miniature by B. Cosway. B.
2 feet 2 inches high, 1 foot 10 inches wide.
Elizabeth Maxwell, second daughter of Sir John Maxwell of Polloc, Bart. ; b. 1793 ; m. 1815, Archibald Stirling-
Sir Henry Raeburn.
Samuel West.
Samuel West.
552 FAMILY PORTRAITS AT KEIR.
ARTISTS.
of Keir; d. 1822. P. 1814 or 1815. B.
2 feet 6^ inches high, 2 feet 1^ inch wide. Rtddoch.
29. Elizabeth Maxwell. C. 1844 from the above picture, with
suggestions by her brother, Sir John Maxwell, Bart. B.
2 feet 4 inches high, 2 feet \ inch wide. Greqor Urquhart.
30. Elizabeth Maxwell. C. 1848, from the same, with sug- gestions by her brother, Sir John Maxwell. B.
2 feet 6 inches high, 2 feet 1 inch wide. Samuel West.
31. Helen Stirling, only child of Eobert Stirling ; b. 1808 ;
d. 1822. P. about 1813 or 1814. F. L.
2 feet 10^- inches high, 2 feet 3 inches wide. Sir Henry Rahburn.
32. Hannah Ann Stirling, eldest daughter of Archibald Stirling
of Keir; b. 1816; d. 1843. P. 1839. F. L. John Geaham
7 feet 1 inch high, 4 feet 8-J inches wide. j p
33. Hannah Ann Stirling. C. 1844, from the F. L. picture by
J. Q. Gilbert. B.
2 feet 4 inches high, 2 feet \ inch wide. Gregor Urquhart.
34. Hannah Ann Stirling. C. 1848, from the F. L. picture, with a veil added and the dress altered. B.
2 feet 4 inches high, 2 feet \ inch wide. John G. Gilbert.
35. William Stirling of Keir; b. 1818. P. 1839. F. L.
7 feet 1 inch high, 4 feet Si inches wide. John G. Gilbert.
36. Sir John Maxwell, Bart, of Polloc. P. 1848. B.
2 feet 5 inches high, 2 feet i inch wide. James R. Swinton.
37. Lady Matilda Harriet Bruce, second daughter of Thomas Earl of Elgin ; b. 1802 ; m. 1839, Sir John Maxwell of Polloc ; d. at Polloc, Aug. 31, 1857. P. 1848. B.
2 feet 5 inches high, 2 feet -| inch wide. James R. Swinton.
38. William Stuart Stirling Crawfurd of Milton, eldest son of
William Stirling, sixth son of William Stirling of Keir ; b. 1819. P. 1847. T. Q. Engraved in mezzotinto, as a private plate, by Edward Burton.
4 feet 7 inches high, 3 feet 11 inches wide. Francis Grant, R A.
FAMILY PORTKAITS AT KEIR. 553
ARTISTS.
MINIATURES, DRAWINGS, &c.
89. James Stirling of Keir ; b. 1766; d. 1831. "Wa. co. oniv. B.
3 inches high, 2-g- wide. Unknown.
40. Robert Stirling ; b. 1772 ; d. 1808. Wa. co. on iv. B.
3 inches high, 1\ wide. Unknown.
41. Marion Stirling; b. 1774; d. 1842. Wa. co. on iv. B.
3 inches high, 2\ wide. Richard Cosway.
42. Marion Stirling. Wa. co. on pa. T. Q.
9 inches high. 8 inches wide. N. Macdougall.
43. Jane Stirling ; b. 1775 ; cl. 1835. Wa. co. on iv. B.
3 inches high, 1\ wide. Richard Cosway.
44. Harriet Maxwell, eldest daughter of Sir John Maxwell,
Bart, of Polloc ; b. 1791 ; d. 1842. P. in 1826. Wa. co. on iv. B.
4 inches high, 3 inches wide. W. Douglas.
45. Elizabeth Maxwell, second daughter of Sir John Maxwell,
Bart, of Polloc; b. 1793; d. 1822, as a girl. Wa. co. on jsa. Hd.
4| inches high, 3 inches wide. Unknown.
46. Elizabeth Maxwell. Cut from a larger picture. Hd.
7| inches high, 5-J- inches wide. Unknown.
47. Elizabeth Maxwell. Wa. co. on pap. B.
h\ inches high, 4 inches wide. Unknown.
48. Elizabeth Maxwell. Cameo in iv.
1\ inches high, 1| inches wide. Unknown.
49. Hannah Ann Stirling; b. 1816; d. 1843. Wa. co. on iv.
P. in 1824.
6| inches high, 4-| inches wide. W. Douglas.
50. Hannah Ann Stirling. Small copy from the F.L. picture by J. Graham Gilbert. On pa. B.
7f inches high, 5-J? inches wide. Gregor Urquhart.
51. William Stirling of Keir; b. 1818. Wa. co. on iv. P. in 1824. F.L.
6-f inches high, 4-| inches wide. W. Douglas.
554
FAMILY PORTRAITS AT KEIR AND CAWDER.
ARTISTS.
52. Elizabeth Stirling, second daughter of Archibald Stirling of Keir ; b. 1822 ; d. 1845. Wa. co. on. iv. P. in 1826. E.L.
6f inches high, 4^ inches wide. W. Douglas.
53. William Stuart Stirling Crawford of Milton; b. 1819. Wa.
co. on iv. P. in 1840.
8 inches high, 5 inches wide. Robert Thokbukk.
54. John Stirling; b. 1813; eldest son of William Stirling,
second son of John Stirling of Kippendavie. Black era. on pap. Drawn 1838, at Dresden.
13 inches high, 10 inches wide. Eenestus.
BUSTS.
55. James Stirling of Keir; b. 1766; d. 1831. Executed at
Florence in 1811 or 1812. Marble. Life size.
2 feet 1 inch high. Unknown.
56. Robert Stirling; b. 1772; d. 1808. Alabaster; small.
1 foot 3J inches high. Unknown.
57. Marion Stirling; b. 1774; d. 1842. Alabaster; small.
1 foot 5-g- inches high. Unknown.
58. Jane Stirling; b. 1775; d. 1835. Alabaster; small.
1 foot 5i inches high. Unknown.
AT CAWDER.
59. Sir John Stirling of Keir ; b. 1638 ; d. 1684. B.
2 feet 2-J- inches high, 1 foot 111 inches wide.
Unkuown .
60. John Stirling of Keir ; b. 1704 ; d. 1757. Apparently a repetition of the picture painted in 1752. B.
2 feet 7 inches high, 2 feet 1 inch wide. Unknown.
61. James Stirling of Keir ; b. 1766 ; d. 1831. C. 1825, from
the miniature at Keir (No. 39.) B.
2 feet 6 inches high, 2 feet 1 inch wide. Unknown.
62. Charles Stirling, fourth son of William Stirling of Keir ;
b. 1771 ; d. 1830. P. 1827. T. Q.
4 feet 2 inches high, 3 feet 4 inches wide. William Ross.
FAMILY PORTRAITS AT CAWDER. 555
ARTISTS.
63. Christian Erskine, wife of Charles Stirling. P. in 1827.
4 feet 2 inches high, 3 feet 4 inches wide. "William Ross.
64. Christian Stirling, second daughter of Sir William Stirling
of Ardoch, wife of George Dimdas of Dundas, b. 1762 ; m. 1784 ; d. 1832. B.
2 feet 6 inches high, 2 feet 1 inch wide. Sir Henry Raeburn.
BUSTS.
65. James Stirling of Keir; b. 1766 ; d. 1830. Cast in plaster
of the bust at Keir.
1 foot 11 inches high. Unknown.
66. Charles Stirling ; b. 1771 ; d. 1830. Executed at Borne 1824 ; marble.
2 feet 2 inches high. j ,
Laurence Macdonad.
67. Christian Erskine, wife of Charles Stirling. Executed at Rome 1824 ; marble.
2 feet 4-J- inches high. William Ewing.
68. Francis, fifteenth Lord Gray of Gray. Cast in plaster from the bust at Kinfauns Castle.
Lauren ce
1 foot 10i inches high. \
° I Macdonald.
SEALS OF THE STIRLINGS OF KEIR, &c
1. William of Strevelin, 1292.
2. John of Strivelyn, Knight, 1292.
3. Jehan de Striviline, Chevalier, 1292.
4. Lukas of Streuiline, first of Keir, 1448.
5. William of Strivelin of Cawder, 1492.
6. Robert Striueling of Bawglass, 1500.
7. George Stirling, younger of Craigbarnard, 1502.
8. Sir John Stirling, fourth of Keir, 1502.
9. 10, 11, 12. Sir James Striueling, fifth of Keir, 1541, 1551,
1570 and 1579.
SEALS OF THE STLRLINGS OF KEIE, &c.
557
13
14
18
22
23
24
25
26
27
13. Archibald Striueling, sixth of Keir, 1607.
14. Walter Stirling of Ballagane, 1535.
15. Archibald Stirling, Lord Garden, 1661.
16. Sir Henry Stirling of Ardoch, 1666.
17. George Stirling, 1672.
18. 19. 20. James Stirling of Keir, 1700. 21. John Stirling of Keir, 1747.
22. Archibald Stirling, afterwards of Keir, c. 1750.
23. James Stirling of Keir, 1800.
24. Charles Stirling, brother of Do., 1800.
25. William Stirling of Herbertshire, 1740.
26. Archibald Stirling of Keir, 1840.
27. William Stirling, now of Keir.
4b
558
FAC-SIMILE OF THE SIGNATURES OF THE STIBLINGS.
■fz
spt\r~\
tWfwff
(SsL^Qf a#&w*-*4--jio$} J&>v>&>t*lL?
r4p
1. John Styrlyng of Craghernard, 1502.
2. William Stirling of Glorat, 1532.
3. Andrew Stirling of Portnellan Halyda, 1564.
4. Jane Lady Keir, c. 1550.
5. Sir Archibald Stirling of Keir, 1602.
F AC-SIMILE OF THE SIGNATURES OF THE STIRLINGS.
559
JTuD
'■0ZCF&'-
"$/£&*
y-frfKcJ Jfa&he?
IP.
1. Sir Archibald Stirling, afterwards Lord Garden, 1G47.
2. James Stirling of Keir, 1708.
3. James Stirling, the Mathematician, 1735.
4. John Stirling of Keir, 1748.
5. Archibald Stirling of Keir, 1758.
6. William Stirling of Herbertshire, 1740.
560
FAC-SIMILE OF THE SIGNATURES OF THE STIRLINGS.
fcfH
1. Sir John Stirling of Keir, Knight, 1332.
2. Sir James Stirling of Keir, Knight, 1541.
3. Sir Archibald Stirling of Keir, Knight, 1606.
4. Sir James Stirling of Keir, Knight, lb"0(>.
5. Sir George Stirling of Keir, Knight, 1664.
6. Sir John Stirling of Keir, Knight, 1675.
FAC-SIMILE OF THE SIGNATURES OF THE STIKLINGS.
, i**<* P^fc H ^ «&**
561
a.
so.
//
/Z,
^^4^w^w^ -g^ ^y
«. Ark»«
f/JM/(,/TM.
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7. Janet Stirling, Lady Cadder, 1541.
8. Jane Chisholme, Lady Keir, 1546.
!). Elizabeth Stirling, wife of John Napier of Merehiston, 15(57-
10. Grissall Roos, Lady Keir, 1613.
11. Margaret Napier, Lady Keir, 1645.
12. Anna Home, wife of Sir James Stirling younger of Keir, 1606.
13. Lilias Colquhoune, wife of Sir John Stirling of Keir, 1675.
562 FAC-SIMILE OF AUTOGRAPH SIGNATURES TO THE KEIR CHARTERS, &c.
1/
xyrf)
1. James II., 1419.
2. James V., 1526.
3. James V., 1535.
i. The Regent Arran, 1549.
5. The Regent Lennox, 1570.
6. Oliver Cromwell, 1653.
FAC-S1M1LE OF AUTOGRAPH SIGNATURES TO THE KEIR CHARTERS, &c.
563
~i^~L^
1. Robert (Blacader) Archbishop of Glasgow, 1505
2. James (Bethime) Archbishop of Glasgow, 1522.
3. Gavin (Dunbar) Archbishop of Glasgow, 1524.
4. James (Bethune) Archbishop of St. Andrews, 152G.
5. James (Chisholm) Bishop of Dunblane, 1526.
564 FAC-SXMILE OF AUTOGRAPH SIGNATURES TO THE KEIR CHARTERS, &0.
rfi& q^ji^r
-f**JtC » &e ^^f& MfA^Ur
10
11
IS
M& $4
fr*5te"
G. Alexander (Stewart) Bishop of Moray, 1531.
7. Robert (Stewart) Bishop of Caithness, 1544.
8. William (Chisholm) Bishop of Dunblane, 1551.
9. Robert (Leighton) Bishop of Dunblane, c. 1670.
Jtleiz $inJ>c&$cn~
10. The Rev. Dr. George Wiseheart, afterwards Bishop
of Edinburgh, 1649.
11. Arthur (Ross) Archbishop of Glasgow, 1680.
12. Alexander (Rose) Bishop of Edinburgh, 1714.
f AC-SIMILE OF AUTOGRAPH SIGNATURES TO THE KEIR CHARTERS. Ac. 5G5
^ ^>
1. Archibald Earl of Angus, 1526.
2. Matthew Earl of Lennox, 1526.
3. Colin Earl of Ergyle, 1526.
•1. Archibald Marquis of Argyll, 1661.
5. Archibald ninth Earl of Argyll, 1664.
6. John Earl of Atholl, 1671.
7. John Lord Areskine, afterwards Earl of Mar, 1647.
8. Alexander Lord Almond, 1674.
4c
566 FAC-SIMILE OF AUTOGRAPH SIGNATURES TO THE KEIR CHARTERS, LETTERS, &c.
-j \j^cw^ckCcL^
1. Mr. John Bellenden of Auchnoule, Clerk of Justiciary,
1553.
2. Margaret Baillie, Lady Luss, c. 1677.
3. Abraham Crechton, Provost of Dunglas, 1541.
4. John sixth Earl of Cassillis, 1G5G.
5. James first Earl of Calander, 1652.
6. Alexander second Earl of Calander, 1679.
7. William first Earl of Dundonald, 1679.
8. General Thomas Dalyell of Binns, 1643.
9. Alexander sixth Earl of Eglinton, 1651. 10. George sixth Lord Elibank, 1757.
FAC-SIMILE OF AUTOGRAPH SIGNATURES TO THE KEIR CHARTERS, LETTERS, Ac. 567
T^^-. \ yd- '-" i / — >-
5
^(Sf^l^ms
11
1. Mr. James Foulis of Colintoun, 1541.
2. Patrik Lord the Graham, 1442.
3. John twelfth Lord Gray, 1757.
4. William ninth Earl of Glencairn, c. 1G56.
5. Sir Thomas Hamilton of Priestfield, 1613.
6. Sir James Hamylton of Fynnart, 1527.
7. Alexander Lord Hume, 1510.
8. 9. Alexander Master, and George Lord Home, 1541.
10. George third Earl of Linlithgow, 1673.
11. David Leslie, afterwards Lord Newark, 1651.
12. Jane Hay, Countess of Mar, 1652.
568 FAC-SIMILE OF AUTOGRAPH SIGNATURES TO THE KEIR CHARTERS, LETTERS, &c. 1 3
>/HlA
LeubCi
1. John Earl of Lennox, 1514.
2. 3. Matthew Earl of do. 1532, &c.
4. Alexander first Earl of Leven, 1646.
5. John Earl of Menteith, 1544.
6. William last Earl of Menteith, 1678.
7. James second Marquis of Montrose, 1662.
8. James third Marquis of do. 1681.
FAC-SIMILE OF AUTOGRAPH SIGNATURES TO THE KEIR LETTERS, Sec.
569
J&r2 i^
(tfWCIg/ftfrflt/^
^fr ^— Tj^f ca/2 ce^>
^ ^Jj:
1
1. John eighth Earl of Mar, 1650.
2. John ninth Earl of Mar, 1660.
3. General Monck, 1656.
i. Francis fifth Lord Napier, 1757.
5. John Earl of Rothes, Chancellor, 167
6. Grissall Roos, Lady Keir, 1617.
7. James Lord Torphichen, c. 1700.
8. John third Earl of Wigtoune, 1654.
9. George fourth Earl of Wintoun, 1664.
4o
570
ANCIENT STONE, BUILT INTO THE FRONT OF CAWDER HOUSE, FROM THE CASTELLUM OR FORT WITHIN THE GROUNDS WHICH IS SUPPOSED TO HAVE FORMED AN OUTWORK OF THE GREAT ROMAN WALL OF ANTONINUS PIUS. SEE CALEDONIA ROMANA-A DE- SCRIPTIVE ACCOUNT OF THE ROMAN ANTIQUITIES OF SCOTLAND . BY ROBERT STUART. 2 "° EDITION REVISED BY DAVID THOMSON. MA 4" EDINBURGH 1852. P. 331. PLATE X. N" 1. THIS STONE IS ALSO FIGURED, THO' INCORRECTLY IN THE I T I N E R A R I U M SE PTENTRION ALE BY ALEXANDER GORDON, A.M. - FOLIO- LONDON- 1727. P. 53. PLATE XII . FIG. 1 . -
ScTiensfc & M' Tarlane Edin
571
572.
M
:--J^**i<nid.Tuv ; s1?!^
573
ELIZABETH daughter of Sir JAMES STIRLING of KEIR 1572 JOHN NAPIER of MERCHISTON d. 1579.
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574.
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576.
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MAJOR JOHN STIRLING eldest son of Sir JOHN STIRLING of GARDEN .- b.1614 d. before 1639.
2CS
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Sir JOHN STIRLING of KciR, b. 1638, J. 1684.
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LADV MARGARET LIVINGSTON. Fourtti wife of Sir GEORGE STIRLING of KEIR- and first wifa o*" Sir JOHN STIRLING of KEIRi - a. 1669.
57 3
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LI LIAS COLQUHOUN wdh her grand- daughter- L1L1AS STIRLING ib. 170V) daughter of her eldest son JAMES-
J Second Wife of SIR JOHN ijTIRLINC if KEIR died IVWi L
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580.
gra:
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ELIZABETH STIRLING. -fourth daughter of Sir ARCHIBALD STIRLING of KEIR. b .16*9 . m. JAMES StTON of TOUCH.
581.
582-
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JAMES STIRLING 0f K E I R , - b. 1619.- d. 1749.
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HONOURABLE MARION STUART eldest daughter of ALEXANDER fifth LO R D BLANTYRE; m 1704 JAMES STIRLING of K E I R . d 1W0
J84.
S85.
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ARCHIBALD STI R LIN C of KEIR b 1710 _ d.1783.
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MARGARET ERSKINE, b. 1733. m. ARCHIBALD STIRLING o) KEIR, 1751 .- d 1161
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ANNE HAY, m. 1762 , ARCHIBALD STIRLING of KEIR.- d. 1807
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MARGARET STIRLING daughter of JAMES STIRLING of KEIR b.l720_mSIR HUGH HAMILTON of Roseha.ll _ d J802.
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JAMES STIRLING of KEIR b 1766 _ d 1831.
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5S1.
ROBERT STIRLING fifth son Of WIUIAIM STIRLING of I- FIB . b.rill i 1306
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MARION STIRLING, eldest daughter of WILLIAM STIRLING of KEIR_b 1774 d.. 184-2.
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,593
JANE STIRLING, third daughter of WILLIAM STIRLING of KEIR.- b. 1775. d. 1835 .
act tifEci™ - Idi"Em.'
39*
CHARLES STIRLING fourth SON of WILLIAM
of K E ! R. b. 1771. i IS 30
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ELIZABETH MAaWELL wife of ARCHIBALD STIRLING ofKEIR B 1793, m 1815. d 1822
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HANNAH ANN STIR LI NG . eld est daughter of ARCHIBALD STIRLING of K E I R — b . 1 8 l"6 . d 18+3
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598.
599
INDEX OF PEKSONS.
Abercromey (Abercrimiby, Abircrommy), Andrew, 254, 367.
Archibald, 254.
James, 254.
John, 254, 367.
John of, 209.
Leonard, 252, 254.
Aberdeen, Bishop of, Gilbert (Chancellor), 202.
William, 255, 294, 325.
Treasurer of, George, 354.
Abernethy (Abernethe, Abyrnethe), Andrew,
239.
George of (Provost of Dunbertane),
233, 238, 2S7. Robert, and Walter, sons
of, 238. Walter (Provost of Dumbertane),
279.
in Rothemay, Laurence, Lord, 227.
of Salton, James, Lord, 128.
Adamson, John, 268. Aitchison, Mr., 149. Aitken, Walter, 183. Aiton, Andrew, 181. Akynhede, Alexander, 282.
John, 282.
Robert, 317.
Alane, Henry (Canon of Aberdeen), 277, (Arch- deacon of Dunblane), 279. Albany, Duke of, John (Governor of Scotland), 304, 310, 311.
Murdoch, 231, 232, 234.
Robert (Governor of Scot- land), 201, 207.
Duchess of, Isabel, 214.
Alexander II., 5-7. Alexandersonez, Malcolm, 214.
Thomas, 214.
Alisone, John, 245.
Almond, Lord, Alexander, 507.
Ambrose, John, 219. Ancolson, Andrew, 212.
Thomas, 244.
Andersone, Sir Alexander, 410.
Sir John, 389.
John, 79.
William, 317.
Angus, Earl of, Archibald, 27, 267, 268.
Master of, George Douglas, 329.
Annand, Andrew, 343.
Thomas, 343.
Arbuthnott of Knox, Alexander, 106. Ardincaple of that Ilk, Alexander, 283. Are, Walter of, 206.
Argyll (Argaile, Ergadia, Ergile), John of, Lord of Lome, 15, 198.
Mary, aunt of, 15, 19S.
Bishop of, David Hamilton, 285, 2S6,
289, 294, 325.
Earl of, Archibald, 269,272, 335, 407, 501.
Colin, 233, 250, 255, 267, 287,
311, 312, 425.
Marquis of, Archibald, 488.
Armorar, Patrick, 235.
Robert, 235.
Arnote, David, 231, 246.
George, 212.
John, 212.
Luke, Sir, 231.
Michael, 244.
Arous, John (Archdeacon of Glasgow), 227,230. Arrane, Earl of, James (Regent of Scotland),
385, 390, 392, 393, 395. Arthur, Thomas, 216. Atheray, John of (Treasurer of Dunblane),
231, 2S8. Atholia, Robert de, 189. Atholl, Marquis of, John, 472. and Caithness, Earl of, Walter Stewart,
207.
4e
600
INDEX OF PERSONS.
Atkin (Atzing), John, 322.
Patrick, 418.
Thomas, 354, 365.
Aurifabro, Walter, 198.
Avandale (Awandale), Lord, Andrew, 230, (Chancellor), 233, 250, 255, 287.
Baillie (Baize, Bailzie), Cuthbert (Parson of Sanquhar), 275.
Richard, 431.
of Loch end, Margaret, 84, 487, 511.
Balconiy, Sir Archibald, 290. Balfour, David, 360, 361.
Sir James, 13.
John (Canon of St. Andrews), 237.
William, 344, 375.
of Boghall, James, 424.
of Buchopill, William, 321.
of Burly, Michael of, 229.
Baliantyne (Bellentyne), John, 319.
James, 183, 358, 372.
Thomas, 324.
Balnawis, Henry, 360. Bard, Patrick, 261.
William, 261.
Barrett of Jamaica, Edward, 108.
Barton, General, 163.
Bawquhane, William, 316.
Baxtar, Nikke, 406.
Baylistoun, John of (Parson of Douglas), 217.
Bayne, Thomas, 261.
Beaton (Beton, Betoune), Alexander, 231.
John, 240.
Richard, 240, 241.
Walter (Canon of Glasgow), 319.
of Balfoure, John, 21, 228, 239, 241, 249.
Begbie, Major, 150. Bell, Andrew, 212.
Thomas, 261.
of Antermonie, 132.
Bellenden of Auchnoule, John, 408.
Louis, 425.
Bellucci, 550.
Belses, Sir James (Subdeau of Dunblane), 270
314. Berclay, David, 202.
William, 202.
of Strowy, Robert, 343.
Bernouilli, John, 92. James, 92, n. 4.
Bernouilli, Nicolas, 92, n. 3.
Berrie of Unthank, Robert, 151.
Binning (Benyne, Bynnyng), Alexander, 282.
James, 261.
Bischop, Thomas, x, 38, 39, 342, 358, 360, 364,
369, 372, 395. Bissat of Querrell, Robert, 356. Blacader, Baldred, 281.
Patrick, 259.
Blackburn, Andrew, 181. Blair (Blar, Blare), Aulay, 235.
Donald, 211, 235.
James, 377, 418.
John, 349.
Thomas, 293.
of Adamtoun, David, 20.
of Ardblayr, William, 239.
of that Ilk, John, 430.
Blakwood, Andrew, 396, 406.
James, 318, 364.
Sir James, 396.
William, 42, 376,379,380, 397, 399,
406, 410, 411, 423. Blantyre, Lord, Alexander, 72.
Walter, 542.
Borthwick, priest, 24, 25.
Borthwike, Lord of, Sir William, 217.
William, 255, 298, 305.
Bothuile, Francis, 350.
Richard (Parson of Askirk), 350.
Earl of, Patrick, 265, 267, 269.
Bower of Carret, Alexander, 61.
of Kincaldrum and Meathie, 60.
Boyd, Alan, 15.
(Boide), Alexander, 279.
James, 279.
Robert, 219.
of Drumcoll, Alexander, 233.
Brady, Gilbert, 258. Brechin, Henry of, 1.
Bishop of, George (Chancellor), 230.
Patrick, 199.
Brisbane (Birsbane), Thomas, 208.
John, 279.
of Bischoptoun, John, 313, 394.
(Busbae) of the Mukcrauf or Muk-
crawft, J ohu, 330, 342. Broun, Colin, 324.
David, 61.
John (Prior of the Friars of Stirling), 249.
INDEX OF PERSONS.
G01
Broim, Thomas, 2S2, 354, 365.
of Aucliintorlie, Andrew, 112.
Bruce (Broiss, Broyse), Agues, 274, 10, 2-fo
James, 356.
of Aehinbowy, Robert, 300.
of Airth, Sir John, 442.
Robert, 356.
of Clakmannan, David, 28, 228.
of Kenuet, David, 258.
of Kincavill, Sir John, 59, 442.
Matilda Harriet, or Maxwell, 552.
Bryson, Fynlay, 240.
Buccleugh and Monmouth, Duke of, James, 471. Buchan, Margaret, Countess of, 191. Buchanan (Bucliquhannan, 0 Quhannene), Alex- ander, 279.
George, 24, 25.
Gilbert (Canon of Inchemoquhomo),
271.
Walter, 299.
William, 389.
of that Ilk, George, 361, 394.
John, 391.
Sir Walter, 12.
Walter, George's ger-
man brother, 361.
Patrick, son and heir of
Walter, 247.
of Drumikill, Archibald, 155.
of Glassingall, John, son of Walter,
26S, 270, 271.
of Lane, 413.
Robert, 270, 271.
John, his brother, 271.
Patrick, 299, 382.
Elizabeth, daughter
of, 363, 3S2. Geillis, daughter of,
363. Jonet, daughter of,
363. Margaret, daughter
of, 363, 381.
of Spittal, AValter, 131.
of Stratheir, Janet, daughter and
heir of Mungo, 255. Buckley, Rev. Mr., 150. Bulle, Adam, 258.
John, 258.
Sir John, 323.
Buntyne, Peter, 330. Burell, Henry, 260. Burne, John, 104.
Patrick, 104.
of Hill, Richard, 300.
of Scheardaill, Patrick, 104.
Burgess, William, 300. Butter, Fiulay, 210.
Patrick, 210.
Bykyrton, Sir John of, 206.
Byles Ed., 460.
Byset, Sir William, 206.
Cadyhow, David of (Precentor of Glasgow), 217.
Caithness, Bishop of, Audrew, 294, 325, 335.
Elect, Robert, 383.
Callander (Calender), John of, 243.
Earl of, Alexander, 516.
James, 490, 491, 493, 505, 507.
of Dowratour, Robert, 28S.
of Maner, Robert, 300, 308, 316.
Cambuskenneth, Abbot of, Alexander, 350.
Henry, 252, 254.
Patrick, 311, 312.
Came, William of, 281.
Camera, John of, 209, 218.
William of. Lord of Ruchnawys, 4.
Cameron, James, 389.
Campbell (Cambel, Cambell), Alexander, 316.
Colin, Sir, 19, 217, 257.
Ewan, 258.
George, 10.
Robert, 155.
John, 257.
Marjory, spouse of Walter Graham,
321, 322.
Mungo, 467.
Robert, 280.
William, 323.
of Achinhowe, Colin, 262, 263, 284,
322, 323, 342, 344, 354, 355, 372.
John, 380.
Walter, 165.
of Ardintyne, Donald, 393.
of Blairweok, Dougal, 412.
of Cesnok, George, 280.
of Galstoun, George, 208.
John, 205, 206.
602
INDEX OF PERSONS.
Campbell of Glenorchy, Colin, Sir, 217.
Jolm, son of,
257, 258.
Duncan, 258, 272.
of Lochawe, Sir Duncan, 19.
of Lundy, Jolm, 335, 350, 407.
of Mouzie, James, 122.
' Capellano,' Sir William, 235.
Cardross, David, Lord, 464.
Carlile, John, Lord, 250.
Carmure, J ames, 338.
Carnbee, Lady, 480. '
Carrebyr of that Ilk, Duncan, 282.
Carrik, Sir John of, 213.
Cass, Richard, 438.
Cassillis, Earl of, Gilbert, 30.3.
John, 494.
Castel, Louis, 93.
Chalmer (Chawmyr), John, 240.
of Drumlochy, Thomas, 239, 240.
Chancun, Elya, 198. Charles I., 56.
II., 115, 137, 160.
Charters, Thomas, 210.
Chayn of Innerdonyn (Edindonyng), Alexander, 384.
John, 343.
Child, John, 281.
Chisholm (Chesholme), Edmond of, 314, 401.
James, 401.
John (Canon of Dunblane), 291.
Robert of, 217.
William (Vicar of Muthill), 317.
of Classingall, James, 378.
of Cromlix, Sir James, 404, 438, 440.
of Duncorve, Sir James, 434.
Clerk, Donald, 216.
Gilbert, 219.
Humphrey, 265.
Malcolm, 246.
Maurice (Vicar of Kilmaranok), 388.
Robert, 214.
Thomas, 241.
Cochrane, William, 246.
of Balbachlo, John, 282.
Coll, John, 206.
CoUiuhoun (Culquhone), Adam (Parson of Go- van), 288.
Rector of Stobo, 319.
James (Parson of Luss), 402.
Colquhoun, John (Canon of Glasgow), 319.
Lilias, 470, 550.
Peter, 294, 326.
of Craigtoun, William, 157.
of Glen, George, 138, 303.
Patrick, 260.
of that Ilk, John of, 233.
of Kenmure, Alan, 157.
of Kilmerdony, John, 377.
of Luss, Sir James, 472.
Sir John, 469, 470, 487.
John, 66, 394,402.
of Thorntoun, Thomas, 346.
Colvill, Mr. William, 4S8.
of Cleish, Sir Robert, 49.
of Vchiltrie, James, 319.
Robert, 298.
Comyne, Richard, 202. Constable, William, 244. Copland, Robert of, 19S. Corbet of Hardgray, Hugh, 146. Cormie of Ballinheid, Patrick, 282. Cornton, Patrick of, 216. Corsby, Adam of, 263. Cosoure, Adam, 227.
Dougal, Sir, 254.
Cosway, Richard, 553.
Cottis (Cowtis), James (Canon of Glasgow), 386.
John, 33S, 345.
Cowan of Wester Polmaise, Alexander, 62. Cragingelt of that Ilk, John, 356.
Thomas, 25S.
Cralmont of Melgoun, Thomas, 265. Cramer, Gabriel, 92. Cranstoun, John, 421.
Craufurd (Crawforde, Crawfurde), Alexander of, 213.
Christopher, 323.
Hugh, 154.
John of, 206.
Nicholas, 282.
Rankin of, 217.
Reginald of, 213.
Robert, 323.
William Stuart Stirling, 552, 554.
Earl of, David, 188, 255.
and Lindsay, Earl of, John, 463, 471.
George, 156.
ofHanyng, William, 356.
of Kilbivny, Sir John, 154, 487.
INDEX OF PERSONS.
603
Craufurd of Kilbimy, Laurence, 323.
Hugh, son of, 323.
Malcolm, 153.
of Kylwynet, Alexander, 275.
of Oxgangis, Nicholas, 335, 350.
Crawford, 7.
Cricliton (Crechtone, Crechtoun, Creichtouue, Creychton, Crychtoun), Abraham (Official of Lothian, be.), 36, 316, 319, 320, 329, 364, 366, 372, 374, 400.
Alexander (Vicar of Innerwik), 36,
367, 372.
David of, 229.
James, 104.
Jean, 176.
Patrick, 104.
V. (Canon of Glasgow), 319.
William, 296, 319.
Lord, William (Chancellor), 227, 250.
of Elliok, Robert, 116.
of Rothwans (Rwnanis, Ruthven-
denny), Sir Adam, 28, 275, 295, 310, 311.
James, 27.
John, 353.
Cristini, John (Official and Chancellor of Dun- blane), 223, 224, 231.
Cristisone, James, 244.
Robert (Curate of Stirling), 337.
Cromwell, Oliver, 56, 460.
Crotty, Major, 108.
Culross, Stephen (Vicar of Fyntra), 364.
Cuming of Birness, Alexander, 185.
Cuningham (Conynghame, Cunygam, Cunyng- hame, Cunygaym), Alexander, 221, 222.
Andrew, 203, 204.
Robert, 301.
of Achinbowy, Robert, 227.
of Chapelloun, Adam, 440.
of Craigends, Gabriel, 153.
of Drumquhassill, Andrew, 276, 2S3.
John, 152.
of Lambrochtoun, Sir John, 471.
of Polmais Cunyngahame, Alex- ander, 258.
Curry, Henry, 281.
Hugh (Vicar of Howme), 38S.
Cuthery, William, 335.
Dalgless, Sir John of, 209.
Dalrimpill, John of, 209. Dalrymple, Sir James, 4. Dalziell of Binnis, Thomas, 483, 489.
of Chissim, William, 144.
Danielstoun (Danzelstoun), Patrick, 285, 302.
Robert, 262.
Walter, 264.
William, 285, 286.
of Blacburn, Walter of, 205,206.
of Colgrane (Congrane, Culgrane),
Robert of, 283.
Patrick, son of the
Laird, 289.
of that Ilk, Robert of, 203, 204.
Darnly (Dernlee), John Lord, 232, 233, 234. Da-row, James, Sir, 249.
John, 300.
David I., 2, 195.
II., 8, 195, 198.
Davidson, Major, 150.
Dawsone (Dauson), Archibald, 309.
John, 244.
Dempster, Alexander, 296. Dick of Braid, Sir John, 46.
William, 457.
Diksone, Archibald, 265. Dischyngtoun of Ardross, John of, 216. Doig of Ballengrew, David, 105. Douglas, Sir Archibald, 27.
David (Canon of Glasgow and Rector
of Aer), 319.
Hugh, 367.
John, 356.
Thomas, 2S2, 293.
W., 553, 554.
and Marr, Earl of, William, 201.
Lord of, William, 199.
of Garvald, 106.
of Maynes, Alexander, 394, 444.
of Pimferstoun, Robert, 282.
of Whiteridge, Sylvester, 107.
Dow, Patrick, 299. Drummond, Alexander, 401.
Jonet of, 314.
Lord, David, 45.
John, 267.
of Blair Drummond, Henry Home,
125.
George, younger
of, (x), 125.
604
INDEX OF PERSONS.
Drummond of Carnok, Alexander, 356, 385.
'.. of Corskaplie, Thomas, 115.
of Ermore, Alexander, 329.
of Pitcarne, William, 442.
of Riccartouu, William, 46, 450,
455, 457, 459, 463, 482.
of Stobhall, Malcolm, 217.
Dryburgh, James, Abbot of, 335.
Dugalan, Neil, 206.
Dumfries, Earl of, William, 176.
Dunbar, Gavin (Archdeacon of St. Andrews),
298, 305, 311, 312.
Sir David of, Lord of Cokburne, 217.
Dunblane, Bishop of, Andrew, 402.
James, 291, 317.
JohnHepburne,22,244,246.
Robert Laudere, 223.
William, 39, 363, 378, 382,
396, 398, 402, 404, 405, 406, 410, 432. Dunbretane, William of, 215. Duncanson, John, 238, 258. Dundas of Arniston, Sir James, 52. of Duddingstone, William, brother to
George, 453.
of Dundas, George, 123.
Sir Walter, 442.
of Ochtertyre, James, 109.
Elizabeth, Lady Elibank, 448.
Dundonald, Earl of, William, 471, 515. Duufermline, Abbot of, George, 269. Dunkeld, Bishop of, John, 201. Dunlop of Keppoch, Alexander, 157. Dunmore, Thomas, 78.
Edinburgh, Bishop of, Alexander Rose, 531. Edmonstoun (Edmistoun), Janet, 166.
Patrick, 531.
of Bouchquhaderok, James, 300.
of Duntreith, Archibald, 446.
Sir James, 430.
Sir William, 142,335.
Archibal d
and James, sons of, 257.
of Newtoun, James, 440.
Eglintoun, Countess of, Anna, 480.
Earl of, Alexander, 490.
Hugh, 30, 305, 311, 312.
Elder, John, 293.
Elibank, Lord, George, 544.
Patrick, 455.
Elibank, Lady, Katherine Weir, 455. Elphinstone, Sir George, 49.
Robert (Parson of Kyncard in
Nele), 316.
William (Parson of Clat), 316.
Erskine, Christian, 551, 555.
Margaret, 551.
Robert of, Knight, 199, 201.
Robert, Vicar of, 286.
William (Parson of Campsie), 435, 436.
Lord, John, 30, 299, 334, 335, 349, 350,
355, 356. Vide Mar.
Robert, 293.
Thomas, 227.
of Alva, Sir Charles, 120.
of Carnock, John, 76, 78, 123.
of Dun, John, 191.
of Linlathan, James, 111.
of Torrie, William, 76, 125, 542.
Erth, Alicia, of, Lady of Cragbernard, 127.
Ewing, William, 555.
Eytona, Adam, son of John of, 198.
Fabki, Walter, son of, 198. Fallusdell, David, 293.
George, 293.
Fergussoun, Robert, 300.
Fife and Meneteth, Robert Earl of, 201.
Robert, Stewart of, 202.
Fisser, Michael, Constable of Perth, 198. Flemyng (Fleming), Archibald, 493.
Charles, 517.
Michael (Canon of Glasgow), 261.
Robert, 261.
William, 261, 285, 286, 2SS.
Lord, John, 30, 305.
Malcolm, 139.
Robert, 23.
Mariot, his daughter, 23, 26.
of Bolghall, William, 313.
of Borde, James, 285.
William, 349.
Flower, James, 184. Fogo, John of, 221, 222. Forbes of Callander, William, 111. Forestar (Forstar), Alexander (Provost of Stir- ling), 322.
Duncan, 253, 258, 410, 413.
John, 268, 349.
Matthew, 251.
INDEX OF PERSONS.
605
Forestar, Robert, 26S.
William, 26S.
Lord, George, 176.
William, 176.
of Bad, Alexander, 300.
of Balquhan, Robert, 41S.
of Corstorpbine, Younger, George, 439.
of Culmore, Duncan, 349, 356.
of Garden, Duncan, Sir, 300.
Sir James, 349,438.
Walter, 329, 331.
of Guuuerscbaw, Duncan, 25S.
Matthew, 331.
of Qwenis, Duncan, 41S.
of Skipnitb, Sir Duncan, 272.
of Torwood, Sir Walter, 34, 297, 300,
308, 319, 320, 324.
of Torwoodhead, William, Lord, 176.
Forfar, John, Sir, 390. Forlay, John, 240. Foulis, David, 488.
James, 350.
John, 237.
Robert, 281, 330.
William, 367.
of Colintoun, Sir James, 350, 367, 392,
438, 463. Franche, Sir John, 244. Fraser, Hugh, Lord of Kynnell, 4. Fresale, John (Dean of Lestalrig), 269. Freskin de Kerdale, 14. Frier, William, 459. Frude, Christopher, 421. Fyngash, Sir Henry, 336, 358. Fynvyk, Reginald of, 206.
Galeraith (Calbrath, Galbratli), George, 239, 262.
James, 264.
Patrick, 264.
Robert (Parson of Spot), 404.
William of, Knight, 205.
of Balkindrocht, Thomas, 294, 295,
325.
Elizabeth, sister
t of, 349.
of Katconvall, William of, 202,
203.
James, son of, 202.
of Kerscadden, Walter, 342.
Galloway, Bishop of, David, 305, 311, 312.
Ninian, 230.
Gardiner (Gardiner), Sir Richard, 209 (Vicar of Colmanell), 218.
William, 224.
Gartshore of Alderston, James, 135.
Geddes, Charles, 361.
Gentilman, John, 300, 349.
Gibsone, VV illiam, Dean of Restalrig, 350.
Gilaspysone, Donald, 262.
Gilbert, John Graham, 552.
Glames, Lord, 35, 91.
Glasgow, Archbishop of, 527.
Arthur Ross, 516.
Gavin, 320, 350, 373.
James,298(Chancellor),
305, 311, 312, 31S, 319, 320.
Robert, 281.
Bishop of, Andrew, 230, 233.
John, 4, 213, 250.
Matthew, 9, 204.
Robert, 11, 255, 259, 267.
Walter, 6.
William, 220.
Glen, John, 277. Glenay, John, 262.
Walter, 262.
Glencairn (Glenkarn), Earl of, Alexander, 502.
William, 29, G3, 383, 494.
Glendunwyne, Sir Simon of, 205. Godlet, James, 439. Goodenough, G. T., 183. Gordon, Thomas, Admiral, 121.
Dean of Dunblane, Roger, 411.
William, 401.
Goring, George, 541. Gorthe, Andrew, 344. Gorty, Trestram of, 208. Gourlay (Gorlc), David, 379.
Eumenidas, 361.
John, Chaplain, 241.
Graham (Grame, Grahame), Alexander, 173, 211 , 223.
Isabella, 1G9.
David of (Sheriff of Berewic), 197.
of Braco, 120.
James, 410.
John, 40.
Patrick (Parson of Kilmoyr), 418.
GOG
INDEX OF PERSONS.
Graham, Robert, 319.
Walter, 349, 310, 353 (son of Earl
Menteith), 321.
Lordthe,Patrick,216,217,223,224,230.
Alexander, brother
of, 224.
William, 207.
of Airth, James, 70.
Thomas, 124.
William, 108, 122.
of Balligan, John, 150.
of Ballindorane, John, 413, 418.
of Callander, Laurence, 118.
of Duchray, Alexander, 172, 173.
of Gartmore, Robert, 88.
of Halzairdis, John, 424.
of Knokdoliane, Robert, 426.
of Kyupounte, Robert, 211.
Thomas, son of, 21 2.
Grant, Francis, R.A., 552. Gray, Isabella, 295, 310, 311.
James, 258.
John, 197, 280.
Lord, Andrew, 227, 267.
Francis, 555.
John, 77, 543, 545, 546.
Patrick, 24, 25.
of Buttergask, Gilbert, 29.
of Fowlis, Sir Andrew, 210.
of Oxgang, William, 150.
Grenok, William, 212.
Grote, Andrew, 1S3.
Gudewyne, Henry, 219.
Guthre of Kincaldrum, David of, 233.
Mr. Harry, 4S8.
Gybsone, Richard, 261.
Haldane (Halden, Haldene, Hawden), Sir Ber- nard, 17, n. 1.
John, 224.
William, 223, 224.
of Glennegas, James, 349, 393.
Sir John, 117, 119.
John, 171.
of Kelore, Walter, 227.
Haliburton, Walter of, 10, 211, 213.
Robert, son of, 213.
William, 295.
Hamilton (Hamyltoun, Hamyltone), Sir George, 500.
Hamilton, James, 288.
Matthew, 330.
William, 12, 2S1, 292.
Professor, 181.
of Bardowe or Pardowe, Alan, 340,
341, 355, 403.
John, 131, 263, 294, 324,
325, 327, 32S, 341, 402, 417, 431.
of Boghons, Robert, 422.
of Cadegeow, David of, 203.
John, son of, 204.
of Fynnart, Sir James, 152, 327, 328.
329, 334, 340, 345.
of Haggis, Gavin, 341.
Sir Alexander, S4.
of Hutchison, James, 155.
of Kinglass, Alexander, 145.
of Letham, Robert, 330.
of Lochhous, Gilbert, 282.
of Magdalenis, Sir John, 199.
of Mylnburne, Matthew, 385, 386.
of Newtoun, John, 341.
of Orbiston, John, 443.
of Priestfield, Sir Thomas, 481.
of Rosehall, Hugh, Sir, 74.
James, 70.
of Sanquhar, William, 335.
of Sundrum, John, 110.
of Wishaw, William, 123.
Harington of Ridlington, Sir John E., 123.
Harte, Thomas, 401, 413.
Hawic, Andrew of (Rector of Listoun), 202.
John of, 205, 213, 218 (Precentor of
Glasgow), 205. Hay, Anne, 551.
of Balheussie, Francis, 450.
of Drummelzier, Alexander, 76.
Henrison (Henderstoun), James, 355, 358, 367, 371, 372.
of Stratonhall, Mr. James, 294, 298, 325 .
Henry, John, 235. Hepburne, Marjory, 356.
of Aderstoun, John, 457.
Hepworth, Brodie, 107.
Herbatsone, Robert, 378.
Herede, Richard, called, 19S.
Hering, John, 210.
Heriot, Patrick, 296.
Holyrood, Abbot of, George, 311, 312.
Comniendator of, John, 43S.
INDEX OF PERSONS.
607
Home (Hume, Hume), Lord, Alexander, 27, 269,
295, 296, 299, 300, 310, 366, 411, 419, 420.
George, 27, 365, 366.
Master Alexander, 365, 366.
of Aytoun, Sir Patrick, 438.
of Blakatour, Sir John, 438.
;. of Fastcastell, Patrick, 265.
of Hutounhall, Alexander, 28, 411, 419,
421.
of that Ilk, Alexander, 267.
of Langshaw, Thomas, 279, 280.
of Polwort, Patrick, 34, 272.
Margaret and Sib- bald, daughters of, 272.
of Renton, Sir Alexander, 148.
of Wedderburne, David, younger, 43S.
Sir George, 47, 437.
Hoppar, Adam, 277.
Hoppringle, James, 422.
Howat, Donald, 262, 301.
William, 380.
Huchesone (Huehonsoun), John, 244.
Robert, 260.
Huchone, William, 332, 336, 343.
Hudson, Thomas, 550.
Hugonis, George, 260.
Robert, 260.
Houstoun of that Ilk, Sir John, 42.
, Peter, 276.
of Johnston Castle, Ludovick, 110.
Huntingdon, David, Earl of, 1, 2.
Huntlie, Earl of, Alexander, 311, 312.
Inchenyn, Robin of, 232. Ingelram, John, son of, 198. Inglis, Alexander (Archdeacon of St. Andrews), 267.
Sir John, 277.
Innes of Easter Denoon, James, 59. Isles, George, Postulate of the, 294, 325.
Jack, James, 104. Jacson, Sir Thomas, 342. James I., 10, 210.
II., 222, 224, 226, 227, 229.
III., 22, 23, 24,25,230, 232,244,247,254.
IV., 23, 24, 25, 29, 137,264, 265,268,271,
289.
James V., 27, 137, 303, 310, 311, 313, 325, 327, 330, 332, 334, 351, 352, 355, 371.
VI., 28, 419, 421.
Jameson, George, 549.
Jedburgh, Andrew, Commendator of, 28.
Jolmsoun (Jhonsoun), John, 33S.
Robert, 261, 263.
William, 338.
Sir William, 123.
Kay, John, 240.
David, 237-
Keith (Keth), Jonet of, 203.
of Innerrugy, Sir William, 305.
Kennedy (Kenedy), James (Canon and Chan- cellor of Dunblane), 376, 382, 402, 404, 405, 411.
Sir Malcolm (Chamberlain of Scot- land), 198.
Lord, Gilbert, 233.
of Balmaclannochaue, Gilbert, 394.
Ker (Kar), George (Provost of Dunglass), 350.
John, 342, 344.
of Cawers, Sir Thomas, 49.
Kibble of Whiteford, Thomas, 150.
Killing, Charles, 183.
Kinbuck (Ivinbuk, Kynbuc, Kynbuk), Archibald of, 228, 229, 230, 242.
Malcolm of , 243, 244.
Kincaid (Kyncade), Archibald, 277, 279.
Donald, 235.
'. Robert, son of, 235, 41S.
of Craiglokhard, Robert, 235.
David, Patrick,
and Robert, sons of, 235.
of that Ilk, Elizabeth, 285.
James, 416, 417, 418.
Kincragy, Alexander, 280.
Kinkell, Walter of, 231, 243.
Kinlocht, James, 359.
John, 359.
of Row, James, 350.
Kiuloss. Abbot of, Robert, 350.
Kinross (Kynros), Thomas, 337.
William of, 244, 309.
of Kippenross, Alexander, 269, 270.
Henry, 438.
James, 350,430,438,440.
John, 269, 273,305,306,
313,316,336-339, 350.
4f
608
INDEX OF PERSONS.
Kinross of Kippenross, Jonet of, 20, 222, 223,
273, 305. Knollis, Sir William of (Preceptor of Tor-
fychine), 242, 267. Knox (Knok, Knokis), Sir James, 289, 317.
John, 212.
Vchtred, 283, 294.
Kokes, Waldeve, 197. Kyninmounde, Thomas of, 221, 222.
William of, 7, 13.
Kynnan, Nicholas, 211.
Lachtane, Thomas, 238. Lairgis, John, 289. Lam, Laurence, 384.
Thomas, 384.
Lane (Lany), John, 268.
Malcolm, 271.
Lapsie, Rev. James, 149.
Lauder (Laweder), Alexander (Provost of Edin- burgh), 277.
Sir Andrew, 410.
Robert (Canon of Glasgow), 217. (Bishop
of Dunblane), 223. Laurence in Lucina, Philip, Cardinal of St.,
235. Lauson, James (Provost of Edinburgh), 350.
John, 240.
Robert of Heeriggs, 295.
Layng, Archibald (Provost of Semple), 320.
Neill, 372.
Lee, Sir Thomas of, 213.
Leich, Patrick (Canon and Official of Glasgow),
217, 259. Leighton, Robert (Bishop of Dunblane), 504. Leis, John, 355. Lekky, James, 283.
of that Ilk, Richard, 349, 356.
of Poldir, Walter, 440.
Lennard, Sir T. B., 184.
Lennox (Lenax, Leuenax, Levenax), Archibald of, 263.
Humphrey, 283.
John, 330, 342.
Earl of, Donald, 214.
Duncan, 9.
John, 130, 250, 301, 302, 316,
324, 325, 328, 357, 380, 418. Malcolm, 205.
Lennox, Earl of, Matthew, 272, 276, 278,283, 284, 285, 286, 2S8, 294, 325, 334, 343, 357, 383, 41S, 419, 421.
of Woodheid, John, 130..
Lermonth, John, 396, 411.
Robert, 318, 364, 406, 410.
Thomas, 323, 344, 345, 351, 355,358,
360, 361, 365, 371, 3S0, 410.
Leslie, Norman, 17, 20.
Lesly of Lewyn, George Lord, the, 17, 221.
of Rothess, Norman of, 211.
Leven, Earl of, Alexander, 404.
Lindores, Abbot of, John, 346, 349.
Henry, 309.
Sub prior of, John, 349.
Monk of, Barcar, Richard, 349.
Blair, John, 349.
Bonar, George, 349.
Broun, 349.
Carstaris, James, 349.
Cragg, William, 349.
Fyff, Archibald, 349.
Jameson, Robert, 349.
Kynloch, James, 349.
Lesly, Andrew, 349.
Meffan, William, 349.
Merschell, Gilbert, 349.
Mershal, William, 349.
Orm, David, 349.
Paterson, Alexander, 349.
Quhyt, George, 349.
Richertson, Alexander, 349.
Smyth, John, 349.
Steil, Patrick, 349.
Vilson, Thomas, 349.
Weland, William, 349.
Wod, Andrew, 349.
Wrycht, Alexander, 349.
Zoung, John, 349.
Lindsay (Lindesay, Lindissay, Lyndesay), Sir David, 12, 188.
James of, 201.
James, 383.
William (Parson of Aldhame), 279.
of the Byres, Patrick Lord, 305.
David Lord, 24.
of Bullull, 316.
of Kilbirny, Patrick, 510, 511.
Linlithgow, Earl of, Alexander, 66, 506.
Lisle (Lile), Robert Lord, 250, 267.
INDEX OF PERSONS.
609
Listone of Humby, Robert of, 282. Lithgow of Weltoune, John, 2S2. Livingstone (Levynstoun, Levyngstoun, Leuing- ston, Levinstoun), Alexr., 322, 355.
David (Parson of Aire), 255.
Harry, Rev., 434.
James (Captain of Striuelyne), 217,
220, 222.
Margaret, 66, 345, 550.
Robert, 380.
William of, 199.
William, 349.
Lord, James, 230.
of Balcastale, William, 217.
of Baldorane, John, 144, 439.
of Braidlaw, James, 282.
of Calentare, Alexander of, Lord of,
219.
of Dawders, David, 356.
of Drumry, Sir Robert, 203, 204,
217.
of Grugfut, Alexander, 356.
of Kilsyth, 132, 144, 283, 349, 354,
372, 380, 439, 459. of Lithquo, Henry, son of Robert of,
226.
of Manerstoun, James, 282, 356.
of Medilbenyng, Henry, 235.
Robert, 224.
ofParkhills, Alexander, 144.
of Preston, John, 481.
of Treuenteran, Alexander, 300, 356.
of Westquarter, Sir Thomas, 186.
William, 458.
Logan, Sir Walter, 263, 277 (Vicar of Strablane), 279.
of Balwee, John, 341, 342.
of Balvey, John, 326.
of Gartconvel, John, 294, 303, 317.
Walter, 2S3.
Lok, William, 363, 364, 365, 380, 381. Lokart, Walter, 349.
of Cleghorne, Allan, 430.
Loudoun, Earl of, 527.
Lovat, Lord, Hugh, 4, 190, 191.
Lowdeane, Richard, 261.
Luke, Robert, 181.
Lumesdene (Lunimysdon), David of, 198.
Gilbert of, 198.
of Condelay, Thomas, 221, 222.
Lumesdene of Gleggirnache, John, 221, 222. Luyndene, Thomas of, 217. Lyddale, James, 227. Lyone, James, 235. John, 235.
Macerek, Andrew, 265, 272.
Maccorwhatill, Donald, 264.
Macdonald, Laurence, 555.
Macdougal, N., 553.
Macdowall of Castle Semple, Day Hort, 109.
Macgilmon, Patrick, 264.
Macgregor, Patrick, 2S3.
Mackay, Robert, 181.
Mackenzie of Garnkirk, John, 149.
M'Farlane, Finlay, 244.
M'Gilfadrik, Sir Thomas, 271.
M'Gilmertyn, Donald, 299.
M'Gilroy, John, 332.
M'Gilwe, Donald, 351.
M'Gowne, Fiulay, 246.
M'llmwn, Duncan, 262.
Patrick, 262.
M'Inrosich, Patrick, 212.
M'Nawchtane, Maurice, 363.
M'Voklyth, Donald, 299.
Magno de Row, John, 212.
Mair, H., 305.
Maitland, Hon. Charles, 66.
Makclachan, John, 321.
Makcorrane, Thomas, 355.
Makcullocht, Sir Alexander, 295.
Makellar, Rev. Angus, D.D., SO.
Makgyll, James, 409.
Maknab of that Ilk, Finlay, son of Patrick,
258. Malcolm, Sir John, 212. Mansfield, James, 186. Mar (Marr), Earl of, Charles, 517.
John, 45, 43S, 486, 504.
Thomas, 199.
Countess of, Jean Hay, 492.
Margaret of Scotland, Queen, 289, 325. Marjoribankis, Thomas, 358, 364.
ofRatho, Thomas, 426.
Marshall (Marschell, Merschell), Andrew (Canon of Glasgow), 319, 320.
Patrick, 206.
Sir Bernard, 310.
William, 336.
610
INDEX OF PERSONS.
Marshall of Rossy, Thomas, 384.
Martyn, Andrew, 262.
Mary, Queen, 28, 39, 385, 392, 393.
wife of James II., 225.
Mason, Robert (Canon of Aberdeen), 237. Mathesone, Andrew, 280. Maxwell, Elizabeth, 551, 552, 553.
Hariet, 553.
Sir George, 530.
Robert (Parson of Torboltoun), 302,
303.
of Dargavel, John, 155.
of Nethirpollock, John, 233, 263, 286.
Johu, son of,
260.
of Newark, Patrick, 302,303,341, 344.
of Pollock, Sir John, 552.
of Pottirhill, John, 430.
' Meathie, Lady,' 60, 521, 522, 523, 524, 525. Medina, John, 550. Meklejohn, John, 243. Meldrum, James, 324.
of Binns, William, 31, 33.
Melville (Mailwyng, Mailuil), John, 239.
Thomas (Parson of Hutoun), 337.
Sir William, 241.
Menteith, Andrew of, 233.
David, 321, 421.
Duncan, 292.
Isabella, 90.
John of, 8, 20, 199, 222.
John, 293.
Malcolm, 321.
Patrick, 357, 358.
Ranken, 292.
Robert of, 263.
William, 292.
Earl of, 172.
William of, Knight, 200, 201.
Elizabeth, spouse of, 200.
Earl of, John, 381.
Malize, 321.
William, 381, 514, 515.
of Kers, John, 422.
Sir William, S, 12, 58, 385,
440.
of Newlands, Sir William, 442.
of Ratho, James, 357.
of Westkera (Kers), William, 201, 248,
291, 292, 370, 372, 385, 386, 403.
Mercer, Michael, 209.
Michaelis, Henry, 213.
Michelson (Mechelson, Mychelsone), Beyo, 321.
Donald, 264.
Henry, 232.
Middleton, Sir John, 196. Mill (Myll), Andrew, 374. Millar (Myllar), Donald, 244.
Sir Thomas, 290, 337.
Milligan, H. D., 184.
Moifath, Robert of (Treasurer and Vicar-General
of Glasgow), 213. Moir, David, 467.
James, 185.
Robert, Rev. 104.
Mouck, General, 57, 63, 464.
Moncreiff (Muncrey fe), Malcolm of, 21 1 .
of Sauchop, James, 173.
of Rynd, John, 384.
Monorgund, Robert (Parson of Essy), 312.
Thomas of, 210.
Montgomery (Montgomeri, Mungumre), Cutli- bert, 313.
Jonet, 280.
Neil, 30.
General Major, 505.
of Ardrossane, Knight, Alexander,
11.
of Hessilheid, Hugh, 430.
of Skelmorlie, Robert, 430.
Sir Robert, 60, 532.
Frances Stirling,
wife of, 533, 534.
of the Syde, John, 276.
Montrose, Earl of, William, 40, 295, 383, 409.
Duke of, 173.
Marquis of, James, 55,472,485,495,
497. Monypeuny, George, 240. Moravia, Robert, 220.
Patrick of, 209.
of Gask, David of, 208.
Moray, Bishop of, Alexander, 336.
James, 311, 312.
Mordochsone, Finlay, 258. More of Boquhappil, Robert, 300. Moreville, Richard de, 5. Morisone, John, 244, 263.
Malise, 343.
William, 243.
INDEX OF PERSONS.
611
Morries, John Davie, 113.
Mortoun, Andrew, 291, 299, 300.
Mortymare, Sir Malcolm, 312.
Moubray (Movbra) of Bernbowgall, Robert, 372.
of Dummany, John, heir of Sir David,
283. Mousfald, John, of, 219. Mudy (Mwdy), Gilbert, 376.
William, 379.
Mundavilla, Simon of, 205.
Murehede, Richard (Dean of Glasgow), 269.
Murray (Murrefe, Mureff), Alexander, 384.
Andrew, 363.
George, Lieut.-Col., 513.
James, 338.
Sir John, 451.
John, 6S, 258, 277, 279, 295.
Robert, 530.
of Abercairny (Abricardny), Charles,
124.
Humphrey, 23.
James, 124.
John, 384.
Robert, 120.
of Ardargy, David, 384.
of Balmanno, Sir Patrick, 135.
of Blackbarony, Sir Arch ibald, 60.
of Cockpoll, Sir Robert, 171.
of Elibank, Sir Patrick, 63, 448.
of Kelacb, John of, 273.
of Kilbaberton, Sir James, 64, 455.
of Strowan, Alexander, 384.
James, 118.
of Touchadam, John, 56, 120, 424, 430.
438, 439, 456.
of Tullibarden, Sir David, 217.
Sir William of, 243
273, 314, 315.
David, son of, 273.
Muschet (Muschett), David, 105, 43S.
Jean, 46, 104.
John, 422, 431.
Rev. Robert, 503.
Marion, Lady of Lany, 298.
of Burnbank, Sir George, 103, 43S, 439.
of Calzechate, David, 105, 440.
of Donyng, George, 448.
of Murdochistoun, David, 438.
of Tolgart, George, 34.
James, son of, 34.
Mustart, Sir William, 241. Myll, Andrew, 374. Myrtoune, Henry, 252.
Napier (Naper), Hon. Lilias, 484.
Robert, 283.
Lord Archibald, 43, 54.
.Margaret, daughter of,
54.
Francis, 544.
of Ballikiurain, Robert, D., 136.
of Kilmahew, John, 394.
of Merchistoun, John, 43, 430, 549.
Margaret, Hon., 549.
of Milliken, Sir William M., 112.
Name, David of (Canon of Glasgow), 217-
Michael of, 202.
of Sandefurde, Alexander of, 227.
Neilson (Neylson) George (Vicar of Balquhe- der), 258.
John, 300.
Nicol, 258.
Neuman, Robert, 198.
Neville, Ralph de, 195.
Nicolson, Sir Thomas (Lord Advocate), 463.
of Carnock, Sir Thomas, 54, 461. 469.
.• Isobell, aunt of, 505.
of Leswad, Thomas, 463.
John, brother of,
463. Nisbet, 11. Noble (Nobili), James, 216.
Sir Ralph, 197.
Nory, Robert, 220.
Sir Walter, 264, 278.
Ochiltree, Galfred, Provost of, 7.
Ogiluy, James (Parson of Kinkell and Commeu-
dator of Dryburgh), 311, 312. Ogyll, Patrick, 228. Oliphant, Andrew, 343.
Lord, Laurence, 229, 267.
of Condie, Ebenezer, 123.
Laurence, 118.
Orkney (Orkynnay), Bishop of, Robert, 382,
399.
William, 250.
Ottyrburn, Andrew, 260.
Thomas, 260, 261.
of Auldhame, Adam, 333,350.
612
INDEX OF PERSONS.
Paisley, Abbot of, George, 269.
Pait, Thomas, 265.
Palmar, John, 216.
Pardown of Threty Akeris, Patrick, 300.
Paris, John, 288.
Park (Pare), John of, 203, 204.
Sir John of, 209.
Walter, 389.
Parkle, Margaret of, 235.
Partridge, John, 551.
Pastoun, John, 372.
Paton, Dr. John, 119.
Patonsone, Sir "William, 246.
Peirsoun (Persone), William, 332, 346, 355, 358,
372. Perthe, Andrew, 365. Petrie, Alexander, 489. Petygrew, Robert, 235. Pitscottie, 24, 31, 33. Pollok, James, 270. Porterfeild, James, 390.
Thomas, 300.
of Cbapeltoun, Thomas, 349.
Prendergest (Prendregest, Prendrygest), Adam of, 197.
Henry of, 197.
Robert of (Canon of Glasgow), 217,
219. Purves of Woodhouselee, Sir William, 146, 519.
Quhitelaw, vide Whitelaw. Quodquhen, William, 300.
Raburne, Thomas of, 218. Raeburn, Sir Henry, 551, 552, 555. Railstoun, John of, 220. Ramsay, David of, 209.
David, 421.
John of, Knight, 272.
of Barnton, William R., 111.
of Colluithe, David, 359, 361.
of Dalwolsy, Sir Alexander, 217.
Reid (Red), Robert, 281.
Thomas, 281.
Redhuch, James, 279.
Sir Robert, 249.
Rennie, Rev. Robert, 149.
Reoch, John, 271.
Reochson, Donald, 299.
Reryk, Gilbert (Archdeacon of Glasgow), 259.
Rettre (Reitre), John of, 209.
Patrick of, 210.
of that Ilk, Sylvester, 239.
of Letheyl, John, 239.
Ricardi, John, 220.
Riddoch, 552.
Ristona, Roger, son of Adam of, 197, 19S. Robert Broyce, King, 215.
II. King, 8, 200.
Arthur, 235.
Sir John, 223, 224.
Robertone, Sir John, 232.
Roberts, William, Ulster King of Arms, 159.
Robinson (Robysoun, Robisone), Arthur, 232.
James, 330.
John, 261, 293.
Rollo (Rollok), Humphrey, 384.
of Bannockburn, Sir John, 458.
of Duucrub, Humphrey, 316.
Rose, John, 211.
Robert, 210.
Ross (Roos), Andrew, 345.
Robert, 209.
Thomas of, 209.
Lord, James, 45, 51, 444, 446.
Lady, Jean Hamilton, 448.
Jean Sempill, 430.
Margaret Ross, 46, 51, 446, 447
William, 551, 555.
of Montgrennane, John the, 250.
of Murestoun, John, 446.
Row, Dionysius, 317.
James, Rev., 119.
John 212.
Thomas de, 212.
Sir Thomas, 191, 291.
Rothes, Earl of, George, 333.
John, 510.
Russell, James, 111. Ruderfurd, 243. Rutherfurd, William, 359. Ruthven (Rothven), John of, 210.
William of, Knight, 209.
Lord, William, 267, 360, 384.
of Cragingalt, John, 267.
of Torryburn, William, 183.
Rydel, Matthew, 197. Rynd, James, 268.
St. Andrews, Archbishop of, James, 320.
INDEX OF PERSONS.
613
St. Andrews, Archbishop of, William, 255.
Bishop of, James, 216, 235.
William, 199, (Chancel- lor), 201.
Prior of, John, 267, 311, 312.
William, 235.
Sabine, Anthony, Bishop of, 3S7. Salmond, Peter, 109.
Sandilands (Sandylandis), Lord of Calder, John of the, 217.
James, 110.
of Crewy, James, 331.
of Hilhous, 282.
Scherar, Robert, 238. Schethwme, Alexander, 240.
of that Ilk, Thomas, 239, 241.
Schoriswode, George of (Parson of Cultir), 227. Schort, Sir Robert (Vicar of Derry), 221, 222. Scott (Scot, Scote, Scoto), Alexander, 250, 255.
David, 332.
John, 197, 243.
Michael, Sir, 198.
Patrick, 197.
Sir Walter, 106.
of Balweary, 277, 295, 298.
of the Mwrhous, 225.
of Petgormo, 350.
of Scotstar vett, John, 440.
Scremestoun, William of, 197. Seaton (Setone, Setoun), John of, 232.
J., 520.
of Hailes, Sir George, 146.
of Touch, James, 66, 471, 472.
John, 472.
Laird of, 69.
of Tulchfresale, Ninian, 300.
of Tulibody, Alexander, 258.
Sellar, Walter, 285, 300.
Sempill (Simple, Sympill), Lord John, 27, 305.
Robert, 30.
Robert of, 204.
Thomas, 283.
of Bruntscheillis, William, 430.
of Foulwod, John, 289, 302, 303, 394.
Robert, 283, 293, 430.
Sharpe, Sir William, 508. Shaw (Schaw), Alexander, 432.
John, 260.
Thomas, the King's cook, 277.
William, 260.
Shaw of Cambusmore, 35.
of Camsmoir, David, 351.
of Dreghorn, 35.
of Knokhill, George, 298, 351.
James, son of, 351
James, 440.
William, 424.
of Sawchy, James, 229, 424.
Siluer, John, 239. Sinclair, George, 291.
William, 291.
of Ardoch, Henry, 115, 384.
of Galwaldmoir, William, 42, 432.
James, brother of,
432, 433.
Marion, 115.
Edward &George,
sons of, 433.
of Roslin, Helen, 175.
James, 175.
Sluthman, Malcolm, 230, 244. Smert, John, 270, 271, 314. Smyth, John, 219, 246.
Robert, 298.
Smythsoun, Sir Richard, 247, 252. Somerville, David, 137.
Thomas, 284.
of Plane, 284, 285.
Thomas, son of, 300.
Thomas of, 349, 356.
Spaldyne, John (Vicar of Dunblane), 220. Spang of Spango, Alexander, 262. Speir of Culdees, Robert, 112. Spens, Alexander, 242, 243.
Andrew, 244.
John, 247, 401.
of C'ondye, John, 412.
Spittale (Spetale), Edward, 252, 298, 309, 316.
David, 329.
Henry, 350.
of Blair, James, 300.
Sprewle, John (Canon of Glasgow), 361.
of Edenbarnet, Stephen, 152.
Sterlings of Ireland, 162.
Stevinsone of Herdmanschelis, Mungo, 345.
Stewart (Stuart, Stewarde), Alan, 216, 294, 326.
Alexander, 351, 363, 416.
Andrew, 257, 258, 302.
Andrew, Sir, 216, 220, 227.
Archibald, 211.
614
INDEX OF PERSONS.
Stewart, Arthur, 216.
Elizabeth, Lady of Bigare, 247.
George, 283.
Henry, 300.
James, 286.
James, son of Murdoch, Duke of, 231,
232, 234.
James (Parson of Cardross), 302, 303.
James (Canon of Glasgow), 319.
John (brother to my Lord of Levinax),
294, 326.
J olm (Subdean of Glasgow), 209.
Marion, Hon., 550.
Matthew, 289.
Murdoch, Sir, 216, 220, 231, 233, 234.
Robert (spouse of Jonet of Kinross),
223.
Walter, 216, 307, 315.
of Scotland, John, 201.
Robert Copland, 8, 198.
of Albany, James, 214, 231, 232,234.
John, son of, 232.
William, natural
son of, 234.
of Baldorane, William, 255.
of Barscrube, John, 391.
of Blakhall, Sir Archibald, 471, 511.
John, 47, 294, 326, 493.
of Buchane, John, Lord, 202.
of Cardonald, Allan, 317.
of Castiltone, Matthew, 232, 233.
of Castlemilk, Sir Archibald, 73, 76.
John, 77.
of Craigiehall, Harie, 430.
of Culbege, Arthur, 300.
Robert (of Culbeg), 440.
Walter, 349.
of Dernle, John, 227, 231, 234.
of Gastoun, Alexander, 286.
of Kirkhill, Sir Lewis, 457.
of Morfy, Walter, 247, 249, 250.
of Murelee, John, 232.
of Mynto, John, 286, 288.
Robert, 334.
Thomas, 260.
of Railstoun, Walter, 209.
of Schelzardis, Allan, 260, 261, 281.
of Torrance, Andrew, 123.
of Vass, Alexander, 213.
Steyl (Steill), Alexander, 239.
Steyl, George, 335.
of Steelfield, Thomas, 78.
Stirling {vide different spellings, p. 548), Alex- ander, 4, 228, 243.
Alexander, Sir (Constable of Roxburgh
and Sheriff of Stirling), 6.
Andrew, 332.
Anthony, 162-164.
Archibald, 459, 550.
Christian, 555.
Duncan of, 17.
Edward, 162-164.
Elizabeth, 549, 550, 554.
Francis, Mr., 472.
George, 244.
(Chirurgeon), 472, 505, 507,
517, 519.
(Indweller in Glasgow), 50.
Gilbert of (Chancellor of Scotland), 5.
Hannah, 552, 553.
Helen, 552.
Henry de, 1, 2.
Henry, Mr., 438, 446.
Humphrey, 262.
James, 419,430,438,446.
Advocate, 427, 435.
alias Buit, 427.
in Bengour, 427.
Captain, 472.
(Parson of Kilmodane), 342.
Venetian, 91-102, 535.
of Keir, 551.
Jane, 551, 553, 554.
Janet, 308.
John, 244, 257, 279, 292, 293, 422, 423,
459, 554.
of, 212.
(Curate of Cadder), 281.
(Minister at Kilbarchan), 153.
in Strabrock, 418.
de, Sir, 195, 196.
Lilias, 550.
Luke, 33, 34, 418.
Malcolm, 244.
Margaret, 551.
Marion, 551, 553, 554.
Robert, 292, 336, 554.
Sir, Governor of Cork, 159-
162. Thomas of (Archdeacon of Glasgow), 5.
INDEX OF PERSONS.
615
Stirling, Walter, 285, 288, 313.
de(I.),2,3.
Captain, 487.
Writer, 527.
(Minister of Baldernok), 508,
509.
William, 228, 279, 296, 312, 316, 403,
472.
Sir, ancestor of Keir line, (3), 8.
(Parson of Aberfule), 424, 430,
431, 432.
JameSjbrotherof, 424.
John, son of, 443.
(Minister of Baldernock), 443.
W.S.,61.
of Ardoch, Anne (VIII.), 124.
Christian (IX.), 125.
Henry (II.), 117, 430.
Henry (IV.), 119, 120.
Sir (VI.), 120-123.
Thomas, Sir (VII. 2), 124.
William (I.), 34,115-117,
410.
(III.), 118, 442.
Sir (V.), 120.
of Auchyll, Alexander (VI. 3), 172.
Graham (IX.),
173.
George (VI. 2),171,172.
(VIII. 1), 173.
James (III.), 169, 170,
420,422,423,424, 427, 431.
(V), 170,171.
Jean (VIII. 2), 173.
John (VII. 2), 172, 173.
Thomas (I.), 169.
Walter (II.), 169.
William (IV.), 170.
(VI. 1), 171.
(VII. 1), 172.
of Ballagan, George (IV.), 167.
James (VIII.), 168.
(IX.), 168.
John (VII.), 167, 168.
Lucas (II.), 166, 376.
Walter (I.), 165, 166,342,
394.
Euphame Brisbane,
spouse of, 376.
Stirling of Ballagan, Walter (III.), 166.
(V.), 167.
(VI.), 167, 346, 497.
of Ballindroich, Andrew, 355, 403.
John, 346.
of Bankeir, John, 41^14, 431, 434.
of Bankell, John, 45, 466.
of Camhusbaron, Peter de (II.), 4, 5.
of Carse and Alva, Sir John, 7, 199,
200.
Marjory, daughter of
8, 198, 200.
of Cawder, Sir Alexander (III.), 6.
grandson of (1), 7, 8.
Andrew (8), 12, 318, 322,
332.
Marjory Cunynghame,
spouse of, 321.
Janet (9), 7, 13, 332,354,
367, 368, 372, 373, 374, 395.
John (2), 9.
Sir (3), 9, 204, 210,
211.
William, (4), 9, 204, 207,
208,210,211.
Sir (5), 10, 213,
216,21S,247, 250, 258.
son of, Andrew, 10,
261.
Humphrey, 10,
247.
Robert, 10.
William, 10,
261.
William (6), 11, 258, 259,
262, 263, 281, 282, 283.
William (7), 12, 263,281,
282,283,291,292.
Elizabeth, spouse
of, 263.
of Cawder Easter, Gilbert,216, 217, 219,
220, 250, 251.
Isabella, wife
of, 21 7, 219, 220, 251.
Patrick, 220, 250.
of Content, William, 108, 111.
of Craigbarnet, Alexander (XII.), 135.
4g
016
INDEX OF PERSONS.
Stirling of Craigbarnet, Charles (XIII.), 136. George (III.), 129, 130,
275, 276, 27S, 316. Elizabeth Park,
spouse of, 275,
276, 277.
James (X.), 134, 135.
John (I.), 127, 254, 258,
263.
(II.), 128, 129, 254,
258,263,275,277, 279, 280, 284, 285, 286,288,316.
Margaret Aber-
nethy, spouse of, 128, 129, 287.
(IV.),130,131,335,
342, 343, 3S7, 394.
Margaret, daugh- ter of, 130, 131, 387.
(V.),131.
(VI.), 52, 131, 132,
430, 443.
(VII.), 132.
(VIII.), 132.
(XL), 135.
Captain, 472.
Mungo (IX.), 133, 134.
of Dochewin, William, 416.
of Drumpellier, Andrew (VIII.), 181,
182.
John (II.),179,180.
(IV.), ISO.
(V.), 180.
(VI.), 180.
Robert (I.), 179.
Walter (III.), 180.
William (VII.), 181, 182.
of Easter Braiky, David (V.), 191, 192.
(VI. 1), 192.
(VII. 1), 192.
George (IV.), 191.
(VI. 2), 192,
193.
Helen (VII. 3), 193.
James (VIII.), 193.
John (II.), 190.
(III.), 190.
(VII. 2), 193.
Stirling of Easter Braiky, Patrick (IV.), 190.
Peter, (I.), 190.
of Euglie, (?) James, 52.
of Faskine, Walter (I.), 183.
(III.), 183, 184.
Sir (II.), 183.
George, Sir(IV.),184.
of Garden, Archibald, Sir (Lord Gar- den), vide Keir.
(II.), 83.
(III.),84,85,471,
472,511,521.
James, brother
of, 471, 472.
(IV.), 85-88.
(V.),89.
James (VI.), 89.
(VII.), 90.
John, Sir (I.), 58, 83, 444,
44S, 451, 453.
Major, son of, 549.
(IV.), 88.
of Glenesk, 1SS, 189.
of Glenurquha, Margaret, Lady, 19.
of Glorat, Alexander, Sir (X. 2), 14S.
George (III.), 140-142,352,
356, 361, 383, 390, 392, 393, 394.
Walter, brother of, 392.
George, Sir(VIII.),145,146,
481,497.
James, Sir(X. 1), 147.
John (I.), 137.
(IV.), 142.
(V), 143.
(VI.), 143-145.
(IX. 2), 148.
Sir (XL), 148-150.
Mungo, Sir (VII.), 52, 145,
446, 451, 458, 459, 460, 465, 498.
Sir (IX. 1), 65, 146,
147.
Samuel, Sir (XII.), 151.
William (II.), 137-140,279,
293, 301, 302, 313, 322, 324, 329, 335, 341, 343, 352, 356, 361.
Marion Birsbane, spouse
of, 313.
INDEX OF PERSONS.
617
Stirling of Herbertshire, George (II. 2), 175, 176,472.
(IV. 1), 177.
Jean (IV. 2), 177.
John (I.), 175, 459.
(III. 2), 176.
William (II. 1), 175.
(III. 1), 176.
of Keh-,473.
Archibald, Sir (XIII. 2), 45-
47, 425, 426, 430, 431, 432, 434, 436, 439, 440, 441, 443, 479.
Grissel Ross, spouse of,
41,47,58, 430, 434,436, 437, 439, 480, 481.
Jane, daughter of, 448.
William, son of, 436, 444.
Archibald, Sir (Lord Garden)
(XV.), 4,62-66, 448,451, 455, 463, 467, 484, 495, 496, 502, 550.
Archibald (XVIII. 2), 76, 77,
537,539,540-545,550.
Hugh, brother of, 541.
Archibald, (XIX. 2), 81, 82.
Charles, 551,555.
George, Sir (XV), 48-58,444,
447, 450, 455, 457, 45S, 459, 460, 461, 464, 467, 468, 481-504, 549.
M argaret Ross, spouse of,
447.
Henry, uncle of, 446.
Mary, sister of, 44S.
James, 551.
James, Sir (XII.), 35^1, 358,
368, 369, 372, 373, 374, 375, 376, 37S, 380, 381, 383, 3S4, 3S5, 396, 398, 399, 401, 402, 403, 407, 409, 412, 416, 41S, 419, 420, 422-426, 440, 441.
Janet Stirling, spouse of,
vide Cawder.
Jane Chisholm, spouse of,
39, 40, 41, 37S, 411, 412, 419, 434, 437, 479.
William, brother of, 410.
Margaret, sister of, 410.
Stirling of Keir, James, James, son of, 423, 428.
Ellen, daughter of, 405.
Jane, daughter of, 406.
Margaret, daughter of
429.
Sir (XIV), 47,48, 436.
Sir (XVII. 2), 69-75,
526-531, 534, 550, 553-
555. Marion Stewart, wife of,
528, 529, 530, 531.
Robert, son of, 538,554.
John (VI.), 15, 198.
Sir (XI.), 29-35, 268,
272, 289, 297, 298, 304,
305, 306, 309, 311, 313,
318, 320, 323, 324, 325,
327, 32S, 329, 331, 332,
333, 336, 337, 338, 339,
343, 345, 346, 347, 350,
351, 353, 355, 356, 357,
359, 361. Margaret Forester,spouse
of, 323. John, father brother of,
29S. Sir (XIV.), 58-62, 440,
441. Sir (XVI.), 66-68, 469,
471, 505-520, 549, 554. Lillias Colquhoun, spouse
of, 469. James, brother of, 515,
518, 519. (XVIII. 1), 75, 76, 534,
535, 539, 540, 546, 550,
554. Lucas (VIII.), 16-19, 207,209,
211, 221, 223, 244, 289,
305.
Robert, 551, 553.
William, Sir (V), 13.
(VII), 15.
Sir (IX.), 19-22, 221,
222, 223, 227, 228, 230,
239-242, 244, 2S9. Margaret Gunynghame,
spouse of, 244, 289.
Catherine, daughter of,
21.
618
INDEX OF PERSONS.
Stirling of Keir, William, Sir (X.), 22-29, 243, 244, 247, 248, 252, 253, 264, 265, 268, 269, 272, 289, 296, 305, 313.
Margaret Creichtoun,
spouse of, 30, 268, 269. William, son of, 308.
Katherine, Countess
of Angus, daughter of, 27, 29, 2S9, 296.
(XVIII. 3), 78-80.
(XX.), S2, 552, 553.
of Kippendavie, Archibald, Sir (I.),
103, 104.
Charles (III.), 105.
106.
James, 432.
John, 472.
(II.), 104, 105.
(V.2),108-112.
(VII.), 113.
Patrick (IV.), 107.
(V.l.),107,108.
(VI.), 113.
of Lambdene, John, 4.
Peter, 4.
of Law, Portnellan and Edenbamet,
Agnes (VI. 3), 155.
Hamilton, (VII. 1), 157.
Andrew (II.), 152.
(IV.), 154, 155.
Anne Hamilton (VII. 1), 157.
Anthony, 162-164.
Edward, 162-164.
James (VIII.), 156.
John Campbell (VII.), 156.
Margaret (VII.), 157.
Mary (VI.), 157.
Robert, Sir, Governor of Cork,
159-162.
William (I.), 152.
(HI.), 152.
James, brother of, 427.
(V.), 155.
Colquhoun (IX.), 157,
158.
of Mansfield, Alexander (II.), 185.
George (I.) 1S5.
Sir (IV.), 186.
Stirling of Mansfield, James (III.), 185, 186.
of Moray, Sir John, 14.
of Ochiltree, John (IV.), 7.
ofPowhouse, Alexander, 446.
of Quoigs, John, 468.
of Robertoune, Mary, Lady, 8.
of Tullyduffy, Andrew (II.), 194.
John (I.), 194.
(III.), 194.
Sir John de, 195, 196.
of Welcoyg, Robert, 342.
Mary and Margaret,
daughters of, 342.
Strafford, Earl of, 184. Strathachyn, Alexander of, 217.
John, of Keire, 227.
Alexander, of Knok, 227.
Strathanray of that Ilk, William, 240.
William, younger, 240.
Stratherne, Euphemia, Countess Palatine of,
206. Striuelin, Adam, 195.
John, 195.
Strogeth, Sir William, 320.
Sutherland, Sir Walter, 312.
Sweyn, Henry, 198.
Swinburn, Adam de, 196.
Swinton, James R., 552.
Swyntoune of that Ilk, John, 212.
Syltona, Henry of (Prior of Coldiugham), 197.
Syms, Andrew, 318.
Symsoun, Sir Robert, 338.
James (Parsoii of Kirkforthir, and
Official of Lothian), 337, 338.
Tailzefer, Arthur (Parson of Crechmont), 372.
Katherine, 372.
Talzoure, Donald, 219.
Thomas, 219.
Thomson, Patrick, 367. Thorburn, Robert, 554. Todde, Sir William, 419. Torphichen, Lord, James, 110. Touris of Innerleicht, John, 265. Trotter, Anthony, 367.
Ralph, 367.
Thomas, 367.
Turnbull, James, 285.
Walter, 220.
Robert, 296.
INDEX OF PLACES.
619
Urquhart, Gregor, 549, 551, 552, 553.
Vchtre, Malcolm, 223.
Waddilove of Thorpe Hall, John, 107. Wair, James, 349. Walch, Andrew, 341. Walkinshaw, Mr. Patrick, 154. Wallace (Waulece), James, 310.
James, Pursuivant, 352.
Walter, Adam, son of, 19S.
John, son of Sir, 203, 204.
Wane, Martin (Chancellor of Glasgow), 259.
Sir Thomas, 209.
Watson of Thirtyacres, 102.
David, 387.
John, 258.
Patrick, 354.
Thomas, 317.
Watt of Logiebank, Robert, 149.
Watts, William, 541.
Waur, James, 376, 377.
Wause, Richard of, 209.
Wawane, George, 317, 379, 402, 412.
Wchtyr, 261.
Wedderburn of Blackness, Sir Alexander, 113.
Wellings, Rev. John, 113.
Wemys, Lord of that Ilk, John of, 207.
West, Samuel, 550, 551, 552.
White (Quhite), Henry, 291, 350.
Whitelaw (Quhitelaw), Archibald of (Arch- deacon of Moray and Lothian, &c.), 233, 255, 267.
Wigtoun, Earl of, John, 493, 495, 505.
William the Lion, 1, 6, 14.
Wilsoun (Velsone), Sir Alexander, 323, 365.
James (Canon of Dunblane), 291,
364.
Thomas, 243.
Wintoun, Earl of, George, 500, 501.
Wiseheai-t, Dr. George, 487.
AVlueston, Bertram, son of Henry of, 197.
Wod (Vod), of Blayrtoune, Andrew, 271.
of Bonyngtoun, William, 335.
Wordie, John, 517.
Wright (Vricht), David, 241.
Patrick, 376.
Wychtman, William, 335, 33S.
Wyschard, Sir John (Canon of Glasgow), 204.
Young (Zong), James, 275, 346. John, 235.
INDEX OF PLACES MENTIONED IN THE CHAPTERS.
Aberfuill, 464.
Alveth (Aluay, Alueth), 200, 201, 249, 292, 440.
Ardocht, 442, 446.
Ardquhilloure, 351.
Arnettis Croft, 333.
Auchinbie (Achinbie, Auchinbie, Auchynby),
384, 401, 432. Auchinhowe (Awchinhowye), 343, 380. Aucblochy, 307, 313, 315. Auchyll, 422. Avandale, 232, 233, 372. Ayr (Are), 206.
Balcarrus, 319.
Baldernock, 340, 422, 443, 466.
Baldorane (Ballindorane), 231, 232, 234, 356,
357. Balglass, 254. Balgrochquhereis, 254. Ballevin, Estir, 316. Ballifoule, 255, 257. Balliudrocht (Balkindrocht), 294, 324, 326, 328,
329, 376, 403, 404, 426. Ballingalle, Hills of, 221. Balloch, 285. Balquhomry, 273, 333.
Bankeir (Ballinkeir, Bawincleir), 263, 283, 343, 344, 354, 369, 372, 380, 431, 436.
Estir, 324, 328.
Baukell (Bankehell), 294, 324, 326, 404, 466.
620
INDEX OF PLACES.
Bardowy (Perdowy), 324, 327, 328, 340, 403,
431. Barnellan, 324, 328.
Barscaitk, (Blairskayth), 324, 328, 343, 344, 380. Bartyckkeregylle, 19S, 209. Beirholme, 405, 406, 408, 425, 463. Belack, 206. Benee (Beny), 309, 347. Birdstoun, 324, 328. Blairskayth, 343, 344. Blarekolicli, 321. Blarnarne (Blacliarn, Blaquharn, Baucliquharn),
262, 263, 294, 324, 326, 343, 354, 369, 372,
435. Bogkous, 324, 404, 422. Boquliarragis (Buckarrage, Buchquliarage), 324,
345. Bothernokis, 203, 324, 346. Bragane, Isle of, 257- Branzet (Branzeid, Benzait), 263, 283, 322, 343,
354, 369, 372, 380. Brekland Kinlocli (Brokland Kylloch), 304, 331,
359, 410. Brewland, Mekle, 353. Bruges (Brugis in Flaudria), 225. Buchaldy, 37S, 411. Buchquhopill, Brae of, 321, 375, 413. Bullull, 206, 214. Burnbank, 436. Bynzkarty, 221.
Cailzeinvk, 358.
Callander, 464.
Cambuskennetk, 252, 254.
Cammebank, 378.
Campsey (Camsi), 2S7, 289, 436.
Carden, 463.
Garnock, 461, 468, 469.
Castelcary, 226.
Catkin, 309, 347.
Cawder (Cadare, Cadder, Caddare, Cadere, Caddor Calder), 204, 213, 259, 260, 261, 281, 318, 319, 320, 368, 369, 373, 378, 426, 435, 444, 469, 470.
Easter (Estir Cadere, Estyrcader), 217,
219, 220, 247, 250, 251.
Classingall (Classingawis, Glassingall), 228, 229, 230, 244, 248, 264, 206, 408, 425.
Cog, 331, 408, 425.
Coiterlandis, 378.
Colintoun, 436.
Cragbrey (Craglore, Changlore), 281, 2S3, 369,
372, 386. Cragnamoyckenacbe, 198, 209. Craigbarnet (Cragbernard), 254, 203, 278, 286,
289. Crukisfee, 334.
Dachlewane (Dachewyne, Dacklewin, Da-wacli-
lownane) 248, 252, 253, 254, 264, 266, 297,
298, 408. Dalkeitk, 464. Dalserfe, 204. Dargawaill, 334. Donyng, 343. Drongy, 321.
Balfour, 413.
Drummade, 205. Drummagone, 401. Duddingstoune, 453.
Dumbarton (Dunbertane, Dunbretane,) 206, 23S, 272, 302, 303, 335, 341, 351, 383, 394. Castle, 293, 301, 302, 303, 324, 325,
329, 334, 351, 352, 353, 361, 390, 392. Dunblane, 207, 228, 229, 245, 246, 270, 290, 291 ,
364, 369, 376, 378, 397, 398, 399, 402, 406,
407, 436, 464. Dundee, 353. Duntreicbt, 335.
Edinburgh, passim. Estyrbothernokis, 202. Eyton, 197. Eyton le Bas, 197.
Falkirk (Taukirk), 355.
Feddaillis, 309, 347, 348.
Fekyrfaltache, vtriraque Logane, 198, 209.
Fermouris Laudis in Lane, 270.
Fleucherd, 328.
Foulis, 207.
Gallisliolme, 208. Galstoun (Gallystoun), 205, 208. Gardene, 441,449, 454. Garnortone, 228, 229, 230. Gartinsalze, 321. Garwpennynge, 198, 209. Gawistoun, 294.
INDEX OF PLACES.
621
Glasgow (Glasgu, Glasgw, Glasqnhow, Gles- gow), 205, 208, 218, 233, 260, 275, 2S2, 317, 323, 351, 362, 365, 382, 389, 418, 430, 435.
Glassingall, 270.
Glenty, 40S.
Glorat (Glorett), 284, 285, 288, 289.
Gloret, Ester and Wester, 356.
Gonze, 288.
Hachychnacelache (Hachyquhatlach), 198, 209.
Halcoyge, 24S.
Halkhed, 444.
Hamilton, 341.
Haystoun (Hawenstoun), 324, 326, 435.
Houstoun, 444.
Iuchennen (Inchechynnane, Inchynane), 288,
289, 334. Inchkalzach, 214. Inchmoryne, 216. Inneralloun, 295, 296, 300, 310, 311, 366, 412,
419, 421, 427.
Jedburgh (Jedbrught), 400.
Katconvall, 203.
Keir (Kerc, Keyr, Kcyre), 211, 212, 222, 227-.
244,245,246, 24S, 264, 268, 351, 406,407,
437,444,461.
Auld, 253.
Hawden, 227.
Kelvyne, 202.
Kennoquhy, 239, 240, 241.
Kepoch, 301.
Killywinet, 278.
Kilmadoek, 464.
Kilpatrik, 302.
Kincaid (Kincade, Kingkaid, Kyncade), 202,
234, 235, 324, 416, 439. Kincardin, 223, 384, 409, 464.
Castle, 224.
Kingorn, 361. Kinkell, 416. Kippan, 464.
Kippanedavy, 264, 353, 401, 406, 407, 425. Kippanerayt, 245, 264, 266, 290. Kirkmichael (Kyrkmychell), 205, 343, 354, 368, 369, 372, 3S0. ,
Stirling, 216, 262, 263.
Kirkpennylaud, 294, 326.
Kirktonn, 294, 326, 377. Korfatrik, 254.
Kylwynnat, 275, 276, 277, 278. Kynbuk, Mekle and Little, 242.
Lanark, 3S4.
Lany (Lane), 271, 299, 3S0, 382.
Laydmurquliarteis, Ester and Wester, 299.
Lecropt, 464.
Leith, 460.
Lettir (Lettyr), 258, 36S, 369.
Leysly, 221, 222.
Leythhedis, 254.
Lindores (Londoris), 310, 348.
Linlithgow (Linlithqw, Linlytliqw, Lythgw),
224, 282, 330, 345, 380, 386, 465. Logy beside Striuelyne, 249, 464. Long Tyke, 471. Lubnoch (Lubnocht, Lupno, Lupnoich,Lupnow),
222, 223, 248, 264, 266, 273, 298, 305, 306,
313, 339, 350, 408. Lumbany, 273.
Mantua, 236.
Megyll, 353, 354.
Merzonis Aiker, 307.
Meware in Ardniurqnhane, Castle of, 269.
Nework, 332.
Ochiltree (Huchiltre, Ochyltre, Vchiltre, Vchil- treis, Wchil tries), 200, 201, 291, 292, 319, 368, 369, 370, 3S5, 386.
Ovircarlowry, 373.
Perkland, 378.
Perth (Pert), 198, 202, 207, 209, 210, 214, 22S,
239, 245, 329, 407, 425, 436. Philiphache, 466. Polmais, 456. Polvert, 436. Pordovyne, 200, 201. Port, 464. Pytquhonerty (Petquhenderty, Petqnhennertie),
268, 271, 380, 382.
Quhitleys, 279, 280.
Kathorane, 198, 209. Regortoun (Ragorton), 211, 213.
622
INDEX OF PLACES.
Retlierne Striueling, or Coigs of Strathalloun, (Raterne), 248, 264, 266, 298, 384, 408, 425.
Retternis, 378.
Rickartoun, 457, 459, 463.
Rome, 389.
Schanraw (Schaner, Sclianrach), 228, 229, 230,
245, 290, 408, 425. Scone (Skonc), 200, 364. Scottistoun, 334. Spango, 275. Spilfurdmylne, 436. Spittellcroft, 307. Stirling (Stereling, Striueline, Striueling, Striue-
lyn), 217, 225, 233, 234, 243, 247, 251, 253,
258, 297, 300, 306, 322, 331, 349, 352, 353,
354, 377, 432, 442.
Stirling Castle, 217, 220, 265, 267, 353. Strablane, 383. Strathallone, 273. Stratlier, 255.
Stiwe (Strowy), 245, 248, 249, 264, 266, 319, 40S.
Terenterne, 356. Torwood, 319, 320. Touchadam, 353, 442.
Welcoyg, 342, 343, 408. Weltoune, 226. Westeretherne, 207. Westkers, 200, 201, 249. Westyrbotliernokis, 202. Wodland, 245, 290. ' Wpsatlingtoune, 319, 320.
PRINTED BY W. II. L1ZARS, ST. JAMES' SQUAIiH, KDINDUHOII.