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THE BROWISTS OF FORDELL.

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MEMORIALS

OF THE

BROWNS OF FORDELL

FINMOUNT AND VICARSGRANGE

ROBERT RIDDLE STODART

AUTHOR OF "SCOTTISH ARMS," ETC.

EDINBURGH ~ V

Privately Printed by T.& A. Const able, Printers to Her Majesty
at the University Press

MDCCCLXXXVII

Digitized by the Internet Archive

in 2012 with funding from

National Library of Scotland

http://www.archive.org/details/memorialsofbrownOOstod

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THE DESCENDANTS OF

MR. JOHN BRODNE,

MINISTER OF THE GOSPEL AT ABERCORN, 1700-1743, AND
CHAPLAIN TO THE RIGHT HONOURABLE JEAN, LADY TORPHICHEN,

C^ege Genealogical ittemoriaw,

THE COMPILATION OF WHICH HAS BEEN

A LABOUR OF LOVE

EXTENDING OVER MANY YEARS,

&re fcetitcateti tig

E. R. STODAET.

CONTENTS.

BROWN OF FORDELL, Etc.,

Arms, ....
Origin, ....

I. William, .
II: Adam, of Carchrony,

III. Adam, in Ayrshire,

IV. Sir John, Sheriff of Aberdeen,
V. John, of Midmar, .

VI. John, ,,
VII. George, „
VIII. George, Bishop of Dunkekl,
VIII. (2) Richard, first of Fordell,
IX. Robert, of Fordell,
X. John, of Fordell, .
. XI. John, younger of Fordell, .
XII. John, of Fordell, .

XIII. Sir John, of Fordell and Rossie,

XIV. John, of Fordell and Rossie,
XIV. (2) Antonia, of Fordell and Rossie

1
1

o
o

Vlll

CONTENTS.

PAGE

BROWN OF FINMOUNT, Etc., . . \ . 49

XI. David, of Finmount, . . . . . .49

David, of Vicarsgrange, ...... 49

David, „ . . . . .50

John, „ . . . . 50'

XII. Eobert, of Finmount, ...... 54

XIII. Captain David, of Finmount, ..... 55

XIII. (2) Mr. James, Minister of East Calder, .... 57

XIV. George, of Finmount, . . . . .59
XV. [XIV. (2)] Mr. John, Minister of Abercorn, ... 59

XIV. (2) David, of Golf Hall, .62

XV. John, „ ... . . . .64

XVI. David, of Grecnknowe, . • . . . . 66

XVII. John, „ ....... 70

XVII. (2) Andrew Cassels, of Freshfield, .... 70

XVIII. Rev. James Cassels, . . . . ... 71

XV. (2) Mr. James, Minister of Melrose, and of New North, Edinburgh, 71

XVI. (2) Rev. James, Minister of Newbattle, . . ... 75

XVII. (3) James, C.A , . . . . . . .79

XVIII. (2) James Adam, C.A., . . . . 81

APPENDIX of Notes and Proofs, ...... S3

Brown of Fordell, etc., .....

Brown of Finmount and of Vicarsgrange, . . . .147

Brown of Golf Hall, ....... 181

Drummond of Pitkellony, . . . . . .189

CONTENTS.

APPENDIX:— .

PAGE

Tod of Kirklands, . . . . .191

Somerville of Airhouse,

192

Lundin and Brown, ....

194-5

M'Kerrell of Hillhouse,

196

Coutts of Coutts, ....

199

Coutts of Ochtercoull, ....

200

Coutts of Eedfield, ....

202

Coutts of Edinburgh and London,

203

Coutts of Grange and Pitteucliar,

207

Colt of Inveresk and Gartsherrie,

206

Marriage-Contract of Sir John Brown of Fordell and Marie Scott,

208

ILLUSTRATIONS.

VIEW OF ABEKCORN PARISH CHURCH, by J. H. Lorimer, A.R.S.A., Frontispiece

MURAL TABLET, showing connection between Arnot of that Ilk,

and Brown, a.d. 1628, ...... page 48

BOOKPLATE OF DAVID BROWN of Golf Hall, .... 64

VIEW OF ABERCORN MANSE FROM CHURCHYARD, by H. C. Lorimer, 81

MURAL TABLET, for Arnot and Brown, a.d. 1632, . ... 82

GROUP OF SIGNATURES (Scott, Brown, Dunlop, and Mure), . . 142

ARMORIAL ESCUTCHEONS -.—

George Brown, Bishop of Dunkeld,

Brown of Colstoun,

Balbirny of that Ilk,

Arnot of Balbarton,

Scott of Balwearie,

Melville of Raith,

George Brown, Provost of Dundee (for Brown of Horn),

Adamson of Craigcrook, ....

Lindsay of Balcarres, Lord Menmuir,

Sir Francis Willoughby,

Dunlop of that Ilk, ....

Macgill of Rankeillor, ....

Douglas of Pompherstoun,

Mr. David Williamson, Minister of the West Kirk,

Watson, Edinburgh, ....

facing page 1
7
8

15
16
17
18
21
24
41
44
54
58
60
64

ILLUSTRATIONS.

AEMOEIAL ESCUTCHEONS :—

Cassels of Greenknowe, ...... facing page 67

Sir Eobert Christison, Bart..

Stodart of Kailzie,

Von Corvin Wiersbitzki,

Eattray of that Ilk,

Dundas of Fingask,

Foulis of Colinton,

Lundin of Conland,

101

Murray of Byn, etc.,

101

Erskine of Innerteil,

113

Galloway, Lord Dunkeld,

122

Barclay of Collairny,

141

Mure of Eowallane,

142

Guthrie of Hawkertoun, .

145

Wemyss of Foodie, .

163

Inglis of Kingask, .

167

Crokat of Johnstounburn, .

183

Broun of Johnstounburn, .

184

Drummond of Pitkellony, .

189

Lundin of Auchtermairny,

195

M'Kerrell of Hillhouse, .

199

Coutts of Pitteuchar,

207

1. Stewart of Sticks.

2. Halyrurton.

3. Boswell of Balmuto.

4. Masterton of Masterton Beath

5. Graeme of Inchbrakie.

6. Lord Melville.

7. Lumsden of Conland.

8. Bruce of Rennet.

Between pages 220 cmcl 221.

9. Oliphant of Gask.

10. Montgomery of Skelmorlie.

11. Hamilton of Gilkerscleuch.

1 2. Bruce of Wester Abden.

13. Clark of Balbirny, etc.

14. Alexander of Skeddoway.

15. Parish, Baron Seftenberg.

16. Sandford of Sandford.

Xll

ILLUSTRATIONS.

17. Anderson of Halyards.

18. Brown of Ashley.

19. Stothert of Cargen.

20. Hay-Gordon of Avochie.

21. Hill of Lambhill.

22. Buchanan of Arden.

23. Mackenzie of Tarbat, 1528.

24. Mackenzie of Tarbat, circa 1673.

25. Mackenzie, Earl of Cromartie.

26. John Brown of Hinginsyde.

27. Thomas Brown of Eastfield.

28. Thomas Brown of Bonnytoun.

29. Robert Brown of Long Itchington.

30. John Brown, Copenhagen.

31. Mr. Richard Brown, Thorny dyke.

32. Sir George Brown, G.C.B.

33. Rev. Robert Brown-Borthwick.

34. Bkowne of Colstoun.

35. Browne of Blackburne.

36. Brown of London and Dantzic.

37. Brown of Ellieston.

38. Brown of Newhall.

39. Brown of Waterhaughs.

40. Brown of Eccles.

41. Forsyth-Brown of Whitsome-Newton.

42. Dennistoun-Brown of Balloch.

43. Brown, now Trotter, of Horton Place.

44. Broun-Morison of Finderlie.

45. Earl of Castlehaven, Baron Audley.

GEORGE BROWN,

Bishop of Dunkeld 1484-15 14.

Sable, a Cheveron between three Fleurs-de-lis argent.
(Illumination in Myln's "Lives of the Bishops of Dunkeld.")

:coir ; rERCiisoN kdihburcm

THE

FAMILY OF BROWN OF FORDELL,

COUNTY OF PERTH,

ITS ANCESTOES AND DESCENDANTS.

ARMS.

JZURE, a cheveron between three fleurs-de-lis or — Nisbet's
Heraldry and Books of Funeral Escutcheons in the Lyon
Office. In one of the latter the cheveron is engrailed.
The field in the arms of Bishop Brown, as illuminated in
Myln's Lives of the Bishops of Dunkeld, is sable, and the charges argent.
Sir Robert Forman, Lyon King of Arms, in his Roll of Arms sent to
Queen Mary before her arrival in Scotland, says — "Gules, a cheveron
between three fleurs-de-lis argent." Neither at Fordell nor Finmount
are there any representations on stone of the bearings of their owners
of the surname of Brown; and the churches and burial-grounds at
Arngask and Kinglassie, the parishes in which these estates are
situated, contain no monuments to members of the family.

ORIGIN.

This family is descended from ancestors settled in the north of
Scotland at a very early period, also holding lands in the counties of
Ayr and Berwick. Although the charges on their shield are the same
as those carried by the Brouns of Colstoun in East Lothian, the
tincture of the field is different, and no community of origin has
been proved. Richard Brun sat on an assize at Elgin, of which place

2 HISTORY OF THE FAMILY OF

he was an inhabitant, in 1261. There is no evidence to connect him
with the family of which we treat.

I. William Brun witnessed a charter of Donald, Earl of Mar,
1272-1294.

II.1 Adam Brown was killed in 1298, at the battle of Falkirk.
He held the lands of Carchrony, in Aberdeenshire, from the Bishop of
Aberdeen. In 1265, William Cumyn of Kilbryde, Sheriff of Ayrshire,
charges payments made to Adam de Bruning, going to Ireland on the
King's business.

III. Adam Brown held lands in the county of Ayr, which, on his
forfeiture, were granted to William Lindsay, canon of Glasgow, by
Robert I., 1306-1329. The same king confirms the gift of Adam Brown
to the altar of St. Michael, in the parish church of Ayr, and grants
the lands of Aughindraive, in that shire, forfeited by Robert Broun,
probably son or brother of Adam, to Henry Annan. In 1328-29,
Henry Brounyng, or Henry filius Bronyng, appears in the Chamberlain
Rolls as one of the household of the Queen, deceased.

IV. Sir John Brune, Sheriff of the county of Aberdeen, 1328, and
farmer of the burgh of Fyvie.2

1333, June 4. — Dominus Johannes Brune, miles, is foreman of an
assize at Aberdeen, to consider the claim of Reginald de Rane to the
lands of Ledintoscach and Rotmase.3 Shortly before this he witnessed
a charter of Donald, Earl of Mar, who died in 1332. Sir John had a
charter of the thanedom of Formartine, in the county of Aberdeen,
from Robert the First. He also possessed the lands of Terpersie. The
last of the Raciones ad informandum perambulatores limitum inter
terras episcopi Aberdonensis et domini de Forbes is, " Item, Ser Jone
Broun, knycht, held quhilom the landis of Tirepressy, of the bischope
and the kirk of Aberdene, and that time he had his shepcotis and

1 The earlier generations of the pedigree are 2 Exchequer Rolls of Scotiand, clxxxi, 107,

numbered consecutively for convenience, but the 355, 419.
filiation is not proved. 3 Eegist. Aberdonense, i. 53.

BROWN OF FORDELL. 3

scheperdis housis apon the landis of Lurgyndaspok, as pertenancez of
the landis of Tirepressy."1

1333, July 3. — Gift by Sir John Brown, of seven acres of arable
land, near Perth, in pure and perpetual alms, to the Friars of the
Order of Predicants there, for their performance of an anniversary for
the souls of the donor, his son, who lies buried with them, and of his
successors, to the latest generation.2 One of the witnesses to this deed
is Sir David de Mar. The frequent occurrence of the names of
members of the house of Mar along with those of this family is
remarkable, and seems to indicate a relationship. According to an
old pedigree, produced in evidence in the claim to the earldom of Mar,
now (1872) before the Committee of Privileges, Sir James (? Andrew)
de Garioch was grandson and one of the heirs of Gratney, Earl of

Mar, and married Jane, daughter of Broun of Blandrue, by whom

he had an only child, afterwards wife of Stephen Johnston.3

Sir John, then designed John, son of Adam Bruning, purchased
the lands of Gillandriston, in Garioch, from Agnes, daughter and heir of
Sir Peter de Morthington, for three hundred and sixty marks, in 1321.
Sir John Brown had, at least, four children.

1. Richard Broun — took part in the conspiracy of Lord Soulis and
the Countess of Strathearn ; was condemned to death by the
Black Parliament of Perth, and, along with David Lord of
Brechin, Sir John de Logie, and Gilbert Malherb, drawn at
the tails of horses through the streets of that burgh to the
place of execution, where they were hanged, their hearts taken
out, and their bodies dismembered, in August 1320. Robert
the Second grants a charter of the forfaultrie of Adam de
Paxton and Richard Broun, within the county of Berwick, to
John de Roos and John Lyoun.4 In a charter by Robert the
First to Sir Robert Boyd, of the barony of Kilmarnock and
other lands, Richard Brune is mentioned as holding lands
within that barony.5

1 Regist. Aberdonense, i. 248. 2 Book of Perth, p. 9.

3 Minutes of Evidence in Mar Peerage Case, p. 577.

4 Peg. Mag. Sig., Rot. v. 131. 6 Ibid. Rot. i. 46.

4 HISTORY OF THE FAMILY OF

2. David Brown of Glendristona. In 1360, Alexander, Bishop of

Aberdeen, on the resignation of David, son and heir of the
late Sir John Brown, grants a charter of the lands of Carchrony
to Thomas Nory, afterwards Sheriff of Aberdeenshire, 1382-
1391, near kinsman of David, being great-grandson of Adam
Brown, who died at the battle of Falkirk fighting for the
freedom and rights of the Church.1 In 1374 Williarn, Earl of
Douoflas, had a charter of the forest of Cabrauche, half of the
lands of Auchmayre, etc., in the shire of Banff, on the resigna-
tion of David Broune of Glendristona.2

3. John, of whom after.

1. Emma, married John de Softelaw, and had issue. In July 1363,
she, with consent of her husband and her brothers, David and
John, sells lands in Aberdeen.3

V. John Brown, of Midmar, in the county of Aberdeen, is a party
to the sale by his sister in 1363. In 1368 he had a suit with Bobert
de Umfraville, regarding which, Parliament, then sitting at Scone, inter-
vened, and the Earl of Mar and Sir Duncan Wallace became sureties
for Brown.

Numerous Browns, many of them churchmen, appear in Aberdeen-
shire after this date, all through the fifteenth century, and it seems
likely that they descended from Sir John, the sheriff. In 1418 John
Broun sits on an assize at Rayne ; 1424, John Broun witnesses a charter
of Sir Alexander Forbes at Aberdeen; 1439-1441, John Broun of
Kennate is a witness at Aberdeen to charters of Bobert, Earl of Mar,
by whom he is designed armiger noster ; 1446, John Bron of Crabiston,
near Aberdeen, sits on an assize ; 1468, John Broune was sacristan of
the cathedral church of Aberdeen, and while he held that office a

1 Regist. Aberdonense, i. 87. See Appendix. dead in 1418, leaving three daughters and co-heirs

The Nory family, like the Browns, came from under age, Katherine, Margaret, and Isabella, of

Berwickshire. In 1'296 Richard Norreys did Carchrony.

homage to Edward the First. Thomas, in 1357, 2 Reg. Mag. Sig., Rot. ii. 47. Antiquities of

witnessed a charter at Aberdeen. Thomas Nory Aberdeen and Banff, vol. i. p. 615. See Appendix,
of Carchrony, or Calquhorny, son of the sheriff, 3 Regist. Aberdonense, ii. 2S3. See Appen-

died in 1400, leaving a son, William, who was dix.

BROWN OF FORDELL. 5

candelabrum for the great altar was lost; 1462, Mr. Thomas Broun,
vicar of Prameth ; 1476, Mr. Thomas Broun witnesses a charter at
Inverury, by John Ross, a burgess of that burgh, to Mr. Richard Forbes,
deacon of Aberdeen; 1502, David Broun, vicar of Edzell, gives £'40
to the vicar and chaplain of the choir of Aberdeen Cathedral, to sing
masses for the welfare of his soul ; 1473, John Brone, clerk, is a witness
to charter of William Scherar, burgess of Aberdeen, to Mr. Thomas
Ednam, canon of Aberdeen, signed at Aberdeen; 1487, George Broun
witnesses a charter at Aberdeen, by which Willelmus Kyntor and Eliza-
beth, his spouse, sell an annualrent to Mr. Duncan Scherar, prebendary
of Clat and canon of Aberdeen ; 1486, Nicholas Brown, a Friar Predicant
at Aberdeen ; 1499, James Brown, deacon, one of the witnesses to a
charter granted by William, Bishop of Aberdeen, at Aberdeen ; at the
visitation of the jewels of the cathedral church held in 1500, a ring of
gold is mentioned as being in his possession, but he had restored it
before the visitation in March 1503.

In 1511, four of the name, James, William, Angus, and another,
appear as holding lands in Knockespock.1

The name continues very common in the upper part of Deeside :
" From Coilacreach to Monaltrie the Browns held almost as complete
a monopoly of the holdings under Invercauld, as the Gordons on the
other side of the river under Abergeldie," half a century ago.2

VI. John Brown of Midmar, by charter dated at Dundee, 31st May
1422, granted to Patrick, son and heir of Alexander de Ogilvy,
Sheriff of Angus, his barony of Migmar in the shire of Aberdeen, " pro
multiplicibus beneficiis et pro consilio auxilio et favore . sibi sepius
temporibus retroactis gratanter impensis," to be held by him, his
successors and assignees, " a dicto Johanne de Rege in feodo." 3

In or before 1412, John Broune de Migmare had resigned the lands
of Petlyale, in the barony of Lundy, near Dundee, in the hands of his
superior, Archibald, Earl of Douglas, who granted them by charter,

1 Antiquities of Aberdeen and Banff, passim ; Regist. Episc. Aberdeen.

2 Deeside Tales. 3 Reg. Mag. Sig. ii. 115.

6 HISTORY OF THE FAMILY OF

27th September 1412, " consanguineo suo Patricio de Ogilvy, scutifero
pro ejus servitio."1

The absence of records makes it impossible to give a more complete
account of the successive owners of Midmar ; the present proprietor
has no titles older than 1670.

Soon after John Brown parted with the lands of Midmar, several of
the name are found as men-at-arms, or archers, in the celebrated Guard
of the kings of France, who had the rank of gentlemen, which most,
perhaps all, of them were by birth. From their Christian names, there
can be no doubt that some of them belonged to his family.

It is known that Robert Pittilloch raised recruits for the French
service in the neighbourhood of Dundee, particularly in 1423-24, and it
is probable that these Browns were among them. The muster-rolls
are incomplete, so we cannot fix the date of their arrival. Pittilloch,
himself, went over in or before 1419 ; he held a command in 1444, in
the campaign of the Dauphin against the Swiss, and his brother was
killed when Dambach was carried by assault. In 1448 he is designed
Senechal, and commanded the Hommes d'armes d la grant paye, among
whom was Joe Brone, while at the same time Adam Bron was an archer.
Pittilloch had letters of naturalisation in 1452, and was known as le petit
roi de Gascogne. In 1458, Robert Pettillo de Clermont was one of the
ambassadors accredited by James ii. to the Kings of France and Castille,
and as Commissary to the Pope. He held the lordship of Sauveterre,
near Comminges, which reverted to the Crown on his death in 1460.

There follow in the muster-rolls of the name of Brown, usually
spelt Bron, once or twice Brom, Brun or le Brun, Kobert, 1449-50 ;
John, 1449-57; Thomas, 1450-51; Dou£, Doust, or Douot, 1450-58;
Bron de Mahomian, 1450-51. Richard joined in December 1450, was
allowed £82, 10s., to buy two horses; a payment of £120 was made
after his death, being seven months' pay ; he is described as Richard
Bron nagueres archer de la garde du Roy nostre Sire, lequel par accident
de maladie et pour son ancien aage est alle de vie a tripos en la ville

> Reg. Mag. Sig. ii. 113.

BROWN OF COLSTOWN.

Sable, three Boar's Heads couped argent.
{Illuminated MS. of Sir David Lindsay, Lyon King oj Arms.)

SCOT! & f£RCU30H EDINBURGH

BROWN OF FOKDELL. 7

d' Orleans environ la fin du mois d'Avril 1466. William, 1459-87, was
for a time Garde des Paillasses; Andrew, 1469-73; Adam, James, Jean
de Barbune, and Jean de Saint Sever, all in 1469 ; John, 1494 ; Robert
and Alexander, the same year, served in the Italian war ; George,
1496-1501 ; David, 1498; Robert, 1502-33; Patrick, 1504-16. Later
there are, another Patrick, 1550; Laurence, 1554; and Richard,
1633. John, Adam, Richard, Robert, George, and David are family
names in the line of Browns now being traced ; and it is to be observed
in going over the rolls contained in Mr. Forbes Leith's interesting
volumes, from which these facts are taken, that there is to some extent
a hereditary character in the succession to the post of men-at-arms or
archers, just as prevailed in so many civil and military offices in
France. One member of the Guard dies or retires, a namesake takes
his place ; frequently joining before his death, induced by the success
of an uncle or cousin to follow the same career.

I have failed to trace any Scotch family of Brown as established
among the gentry in France; and the Browns who were, in 1878,
allowed to assume the designation de Colstoun, descend from an emigrant
from the neighbourhood of Musselburgh, who settled in Denmark
before the middle of the eighteenth century. Charles le Brun, the
painter, ennobled in 1662, bore — azure, a fleur-de-lis or, on a chief sable
a gem of the second. The family of le Brun de Champignolles at de
Dintaville, bore — gules, three thistles in flower or, which may indicate
Scotch origin. In 1728, Thomas Broun, an officer in the French
army, had a genealogy and certificate of arms from Alexander Brodie,
Lyon. He was a son of William Broun of Minton, in Kirkcudbright,
by Agnes Herries, of the Mabie family, and bore — argent, on a cheveron
gules, between three fleurs-de-lis azure, as many thistles or. The
Counts Brune de Mons, now in Nassau, but originally from Touraine,
carry gules, three spear-heads (or rather fleur-de-lis without the side
leaves) or. The Brunes in Champagne bear a boar's head — an old
bearing of the Colstoun family — as one of the charges in their coat ;
the blazon is azure, a cheveron between two mullets or, and the boar's
in base proper.

8 HISTORY OF THE FAMILY OF

VII. George Brown, son of the Baron of Midrnar, was treasurer of
the royal burgh of Dundee, and married Johanna Balbirny, of an ancient
family which took its name from their lands in the parish of Markinch
and shire of Fife. David Balbirny was sub-chanter of Dunkeld while his
cousin, George Brown, was bishop, and is described as devout, affable,
and a pleasant companion. He made gifts to the altar of St. Stephen,
and founded an anniversary. The accounts for the building of the bridge
at Dunkeld mention the purchase of a horse for fifteen merks from David
Balbirny. George Balbirny was Serjeant of Dunkeld. Johanna Balbirny
had a sister who married another Brown, probably a relative, but not a
brother, of the treasurer of Dundee, and had at least two sons, David
Brown, prebendary of Feme, and Mr. George Broune, chancellor of
Dunkeld, rector of Kinnell, and chamberlain of the Archbishop of St.
Andrews, James, Duke of Ross. They are called by Abbot Myln cousins
of the bishop, being children of sisters. Mr. George, who died suddenly
at an early age, is described in very laudatory terms by Myln, who
narrates his gifts for pious and educational purposes. He, when parson
of Feme, had, along with John Broun, Abbot of Melrose (his brother ?) a
tack of the teinds of Saline from the Chapter of Dunkeld, as to which
there was a suit in 1490.1 It is remarkable that this Abbot of Melrose
has been omitted in Spottiswoode's Religious Houses, the Ghartulary of
Melrose, Morton's Monastic Annals of Teviotdale, Wade's History of Melrose
Abbey, and not mentioned in any work I have referred to. In 1480 there
is a judgment of the Lords of Council, ordering Johne of Balbirny and
David Broune to pay certain sums of money owing by them to a merchant
of Bruges. Early in the sixteenth century the main line of the family
of Balbirny ended in an heiress, Margaret, who married into the family
of Seton, and was dead 26th July 1559, when her son, Alexander Seton,
was served heir- special to her in half of Balbirny.

George Brown, and Johanna, his wife, had issue —

1. George, Bishop of Dunkeld.

2. Richard of Fordell.

3. (?) James, Dean of Aberdeen, and Canon of Dunkeld, 1493-1503.

1 Acta Dominorum Concilii, p. 150.

BALBIRNY OF THAT ILK.

(County Fife.)

^e-e-

Vert, a Fess chequy argent and azure between three
Corslets of the second, on a chief of the last three
Buckles of the third.

(Illuminated MS. of Sir David Lindsay, Lyon King of Arms, 1542. )

scon a FERGUSON EDINBURGH

BROWN OF FORDELL. 9

1. ■ married Feme, and had George Feme, Archdeacon of

Dunkeld, one of the persons to whom Myln dedicates his
Lives, calling him " reverende memorie Georgii Broune episcopi
ex sorore nepoti ;" he was present at the death of his uncle,
and is said to have been distracted with grief.

2. married Johnesoun, and had a daughter, Matilda, who

married, first, Sir John Rattray of that Ilk, county Perth,
after whose death she was carried off to the hills and detained
a prisoner by John Stewart of Sticks, county Perth, whom she
afterwards married. He was son of Sir John Stewart of
Sticks, natural son of James the Second. The Earl of Athole,
who had married her step-daughter, Grizel Rattray, tried to
obtain possession of the entire estates of the Rattray family,
in which he partially succeeded, and caused his brother-in-law,
Patrick Rattray, to be murdered in the chapel at Kynballoch.
He excited the anger of Bishop Brown by refusing to cause
his niece to be released.

Andrew Broune, perhaps of the same family, was commissioner for
Perth in the Parliament held at Edinburgh, 1503.

VIII. George Brown, Bishop of Dunkeld, replaced his family in the
rank of large landowners by a grant of Fordell to his brother. Myln
describes him as " Georgius Browne ecclesice Aberdonensis Cancellarius
ac Rector de Tynynghame : Dunde ortus, patre Georgio Browne bargi
thesaurario, domini de Mydmar filio, Johanna Balbirny matre."

He was born at Dundee 1438-39, studied at St. Andrews and
graduated at Paris, and, returning, was one of the regents of the College
of St. Salvator. Having been ordained 26th May 1464, he was chancellor
of the diocese of Aberdeen and rector of Tynynghame in East Lothian,
and was sent by James the Third on a mission to Rome in 1483, to
obtain the Pope's recognition of Mr. George Carmichael as Bishop of
Glasgow, and when there became intimate with Roderic Borgia, then a
bishop and vice-chancellor to his Holiness, afterwards himself Pope as
Alexander vi. The bishopric of Dunkeld having fallen vacant, Borgia

1 0 HISTORY OF THE FAMILY OF

used his influence successfully with Sextus iv. in favour of his friend, who
was chosen bishop, and consecrated at Rome in the Church of St. James
of Spain, 1484.

This arrangement was highly displeasing to the King of Scotland,
who had nominated to the see his Clerk of the Rolls and Register,
Alexander Inglis, Dean of Dunkeld and Archdeacon of St. Andrews.
William Schives, Archbishop of St. Andrews, and other envoys, were
despatched to Rome in May 1485, with directions that they " sail schew
to our said holy fader the Paip, in the name of our souveran lord, how his
hienes has divers tymez writin and maid supplicacioun baith to our haly
fader and his predecessor for the promocioun of his tender clerk and
counsalor, Maister Alexander Inglis, dene and elect of the bischoprik of
Dunkeld, to the bischopric of the samyn, and do all the diligence possible
for his said promocioun, . . . and that thai sal schew and declare deter-
myntly to our said haly fader that our souveran lord wil not soffre
Maister George Broune nor nane utheris that has presumyt to be pro-
movit to the said bischopric of Dunkelde contrar our souveran lords
mynd will and speciale wryting, to have ony possessioun of the samyn ;
and that ther be new speciale lettrez of our souveran lord under prive
sele direct to our said haly fader of consent and delivrance of his thre
estates yit as of befor for the promocioun of the said maister Alexander
... as said is, and to Retrete and Reduce the pretendit promocioun
maid to the said maister George."1

Brown was in his absence declared a rebel and traitor, and employed
Robert Lauder of the Bass, called " Robert with the borit quhyngar," to
urge his claims. This baron, one of Brown's neighbours at Tynynghame,
on coming to the gate of Edinburgh Castle, was refused admittance to
the King's presence ; on which, James being at a window and within
hearing, he said to the keeper of the gate : " You deny me admission
and the royal presence, therefore I shall send tbe English round the
walls, by whose favour I shall be well heard." The King, influenced
partly by this threat and by a sum of money paid him, but principally
by a lease of the church of Abercorn granted for 40 merks to his chief

1 Acts of Parliament, vol. ii. p. 171.

BROWN OF FORDELL. 1 1

favourite, Sir John Ramsay, became reconciled to Brown's promotion,
and he was admitted to the bishopric. After paying off the heavy
debts he had incurred, he devoted himself to improving the condition of
his diocese, which he divided into four deaneries, to all of which he
appointed men of learning and piety. Alexander My In, afterwards Abbot
of Cambuskenneth, first President of the College of Justice, and author
of the Lives, was chosen Dean of Angus. Among his foundations were a
church dedicated to St. Anne, in the Highland district of Caputh, where
Gaelic only was spoken ; a church and cemetery at Caputh, previously
part of the large parish of Little Dunkeld ; an altar to the Virgin Mary
in his cathedral church ; an altar dedicated to St. Mary and the Three
Kings in the parish church of Dundee, where he had been baptized,
with a chaplain to officiate ; the endowment of seven vicars-choral to sing
mass daily in turn, in gratitude for the preservation of the town of
Dunkeld and the adjacent districts from the ravages of the plague
then prevalent in Scotland ; the rebuilding of the Castle of Cluny ; and
the endowment of two chaplainries in the Chapel of St. Katharine, Virgin
and Martyr. He restored to a hospital certain lands which his prede-
cessors had appropriated for the expenses of their own table, and increased
the endowment so as to support seven paupers and a master, who was
to be a canon of Dunkeld. He also restored the Church of St. Servanus
at Tippermuir, and made other improvements, besides spending large
sums on the adornment of his cathedral church, and gifting to it a lectern,
vestments, candelabra, etc.

Bishop Brown was not unmindful of the connection of his ancestors
with Aberdeen, as among the plate belonging in 1542 to the University
and King's College there, were " Calix argenteus auratus, cum patena,
quinque supra viginti unciarum, donatus per bone memorie Georgium
Brown quondam episcopum Dunkeldensem ; " also the following vest-
ments, etc., " Due stole, et tres manipidi, quindecim peramenta, cappa
unica ex auro textili viridi bysso eminenti fibra laterali rubra, dono
prefati reverendi domini Georgii Broun episcopi Dunkeldensis." '

He never would receive money paid for pardon for sins, but devoted

1 Fasti Aberdonenses, pp. 5G1, 5G2.

12 HISTORY OF THE FAMILY OF

it to the repair of the parish church of the giver, saying, " Oleum autem
peccatoris non impinguet caput meum." The property of the see having
been greatly diminished by alienations by his predecessors and the
usurpations of lawless neighbours, Bishop Brown devoted much time and
exertion to the recovery of the lands to which he had right. After
a long suit, begun by his predecessor Thomas Lauder, he recovered from
James Fotheringham the church lands of Fordell, granted in feu-ferme
about the middle of the fourteenth century, by Duncan, Bishop of Dun-
keld, to his kinsman, Walter de Fotheringham. Muckersy he got back
from Sir James Crichton of Strathurd, who with his followers attacked
the prelate near the Bridge of Earn, when riding to Court. His next
suit was, as to the lands of Cluny and others, with James Hering,
younger of Lethendy, styled of Cluny, which was by arbitration settled
so as to give part of the property claimed to the Bishop. These
and other acquisitions enabled him to travel by four different roads
between his palaces of Dunkeld and Cluny on his own or his canons'
lands.

His local business did not prevent Bishop Brown from regular
attendance in Parliament, and sitting as one of the Lords of Council
and Session. He is said to have been " much given to hospitality, and
withal very careful of the Church ; " but if he recovered much property
for the see he cannot be acquitted of nepotism. It has already been
shown that he gave preferment, both ecclesiastical and civil, to many of
his relatives. Several other persons of his name, and probably relatives,
are found connected with his establishment. The public work by which
he is best known is the Bridge of Dunkeld, which he did not live
to complete, having only founded it the year before his death, but saw
one arch built. Thomas Brown, vicar of Auchtergaven, secretary and
chaplain to the Bishop, had charge of this work ; John Brown of
Dundee was master mason, and materials were supplied by George
Brown, also of Dundee. Thomas Brown, arrowmaker, and citizen
of St. Andrews, was one of the persons present when extreme unction
was administered to the Bishop ; but Myln does not particularise the
relationship of any of those persons, nor of Mr. Walter Brown, said

BROWN OF FORDELL. 13

to be learned in canon law, whom the Bishop made official rural dean
and prebendar of Forgandenny.

But the step which was most effectual for the aggrandisement of
his family, was the grant in feu-ferme, for an annual payment of forty
merks, of the lands of Fordell to his brother Richard. If we consider
the composition of the Chapter of Dunkeld, which, besides the Browns,
included Walter Arnot, an uncle or other near relative of Richard
Brown's wife, this has very much the aspect of a family transaction
to the detriment of the see.

George Brown died at the castle of Cluny on the 14th January 1514,
in the seventy-sixth year of his age. The last, like the first years
of his episcopate, were troubled. Many of his intimate friends lost
their lives at Flodden ; the state of the kingdom troubled him ; and
his anger was excited by the abduction of his niece, Lady Rattray,
and by the Earl of Athole's connivance at this outrage ; he was afflicted
with stone, and suffered agonies of thirst ; he was in old age (" quce
mortus est," adds his biographer), and perhaps not unwilling to die ;
" Mori non timeo, nee vivere recusabo," he said, before receiving extreme
unction.

His deathbed was surrounded by his clergy, his relatives, and
neighbours, and his demeanour in his last hours did not belie the life
he had led. Although nearly suffocated by oppression on the chest, he
sang the alternate verses of the psalms belonging to the last service
distinctly, although sometimes slowly. His last utterances were words
of prayer ; and, after closing his eyes with his own hands, he made the
sign of the cross on his breast, and expired. During his last illness his
chief enjoyment was to sit at a window of the palace at Dunkeld, and
watch the building of the bridge.

Among the Stanleian MSS. is a copy on parchment of the five books
forming the continuation of the Scotiehronicon to the death of James
the First, containing the following note, which shows that it was executed
in 1497 for the Bishop of Dunkeld : —

"Postea autem a nonnulhs episcopis Dunkeldensibus eadem capella
constructa et meliorata fuit, maxime tamen a reverendo patre Georgio

14 HISTORY OF THE FAMILY OF

Broun episcopo Dunkeldensi constructa et reparata in domibus et
sedificiis fuit rnanente eodem episcopo ibidem propter devotionem.
Quamquidem episcopus quamplurima bona opera tempore suo scilicet
a.d. mcccc. nonagesimo vii°. apud ecclesiam episcopatus sui catbedralem
fecit, unum altare in eadem ecclesia fundavit, vestimentis et ornamentis
multipliciter eandem ecclesiam ditavit, prsebendis et canonicis exaltavit,
unam turrim in loco Dunkeld construxit, et totum locum interius
reparavit, quamplures libros scribi fecit, inter quos istum librum ego
Ricardus Striveling notarius publicus ex mandato ejus scripsi."

Tbe Bishop was at the head of the Scottish Commissioners who met
those sent from England at Coldstream, and concluded the Indenture of
Canonbie, 26th March 1494.

The accounts of the Lord High Treasurer of Scotland contain the
following entries : —

1491, June 18. — Paid to Dysart to pass with let teres for the Bisschop
of Dunkeldin, and Lord Olyfant to pass to the day of trew, . iiij s.

1496. — To a curror that past with certane lettrez to the Bischeop
of Dunkell, the Lord Glammis, and odir Lordis, to remain in Edinburgh
with the Duke of Bos, ...... xiiij s.

1497, Dec. 19. — At Perth, to ane man of the Bischop of Dunkelden
of bridil silver of ane hors, ..... xiiij s.

When in town, the Bishop occupied a great lodging south of the
Canongate, immediately west of Bobertson's Close, purchased by his
predecessor, Bishop Lauder, and much enlarged and beautified.

VIII. Bichard Brown of Fordell, in the parish of Arngask, county
Perth, married Elizabeth, elder daughter and co-heir of William Arnot
of Balbarton, in the parish of Kinghorn, county Fife, by Matilda John-
stoun, his wife, grand-daughter of Walter Arnot of Balbarton, second
son of John Arnot of that Ilk, head of an ancient family seated on
the lands from which it took its surname, in the parishes of Portmoak
and Leslie, from the middle of the twelfth century. Walter Arnot,

ARNOT OF BALBARTON.

(County Fife.)

Argent, a Cheveron sable between two Mullets in chief,
and a Crescent in base gules.

(MS. Genealogy of the Family of Arnot)

SCOriiTERCUSON EDINBURGH

BROWN OF FORDELL. 1 5

Canon of Dunkeld, was apparently uncle of Elizabeth, who had one
sister, Helen, wife of Archibald Dundas of Fingask, county Perth.
Her descendant, Archibald Dundas of Fingask, sold the half of Bal-
barton to John Brown of Fordell in 1569. James, Earl of Morton,
granted a charter of Wester Balbarton, 19th January 1498, to William
Arnot, son and heir-apparent of Walter Arnot of Balbarton and Janet,
his spouse, and Matilda Johnstoun, his spouse, which was not confirmed
by the Crown till 6th May 1581.

The Arnots bore argent a cheveron sable between three mullets
gules, but occasionally substituted a crescent for the mullet in base.1

George, Bishop of Dunkeld, by feu-charter dated 19th July 1493,
and confirmed by the King 19 th September following, disponed the
lands of Easter Fordell, Mill of Blastrue, and Coltowins to his brother-
german, Richard Brown, and Elizabeth Arnot, his spouse, in conjunct-
fee, and to the longest liver, and to the heirs-male lawfully begotten or to
be begotten between them. Richard died about 1500, and his widow
married, before 1503, Robert Colville of Hilton and Ochiltree, appointed
Director of Chancery 17th June 1488, who was killed at Flodden,
leaving her his widow with three sons — Sir James Colville of East
Wemyss, Comptroller, Director of Chancery, and one of the original
Senators of the College of Justice ; Robert ; and William, Abbot of
Culross, Comptroller, and a Senator of the College of Justice. Richard
Brown acted as coroner and factor to his brother the Bishop.

He had a son, Robert, and perhaps a daughter, Catherine, wife of Mr.
James Foulis of Colinton, near Edinburgh, Lord Clerk Register. In
Douglas's Baronage this lady is said to be of the Hartree family, but in
Ord's History of Cleveland, under Foulis of Ingleby, Baronet, she is called
daughter of Brown of Fordell. There are several Crown charters, 1528-
1532, in favour of her and her husband.

IX. Robert Brown of Fordell was present during the last days of his
uncle the Bishop's illness. He married , daughter of Sir William

Scott of Balwearie, county Fife, a descendant of the celebrated Michael

1 MS. Genealogy of the Arnots.

16 HISTORY OF THE FAMILY OF

Scott. The Balwearie arms are — argent, three lions' heads, erased gules,
armed and langued azure. According to a MS. birthbrief he had another
wife, a Halyburton, of the family of Dirleton. He had two sons, and
probably two daughters.

1. John.

2. James, living in 1602, when he is a witness to his brother's

will. In 1585 he was denounced rebel, and his escheat granted
to his brother, John of Fordell. On 4th July 1600 he had a
tack for life from the King of the annualrents of the Priory
of Restennoth, county Forfar, for which he had long been
factor. He had a son, George, witness, in 1602, to the will of
his uncle, John of Fordell.

1. Alison, married ante 1543 Alexander Gaw of Maw, county Fife.

She is a party to many deeds by her son and grandson, and
was alive in

2. Elizabeth, married, before 1550, John Ogilvy of Alyth.

Robert of Fordell married again , sister of William Schaw,

Provost of Abernethy, and had —

Margaret, who married John Spens of Condy, county Perth, and had
two daughters.

In 1515 he acquired the lands of Craignathro in Forfarshire, from
Elizabeth Shear, and had sasine on 15 th August.

X. John Brown, third of Fordell and first of Finmount, acted as one
of the curators of his nieces, Janet and Marion, daughters and heirs of
the late John Spens of Condie. He married, first, before 1554, Katherine,
a daughter of the family of Melville of Raith, county Fife, and widow
of Robert Quhite (Whyte) of Bannathill, Maw, and Easter Lumbenny,
county Fife — from whose brother and heir, John, descended the family
of Whyte-Melville of Bennochy and Strathkinness. She had the lands of
Balhabroun, in the barony of Easter Elcho, county Perth, and a part
of Alva, county Clackmannan, in liferent from her first husband, but
the latter was redeemed from her and her brother-in-law in 1555,
for 1000 merks, by Menteith of Kerse. By her, who had no children

SCOTT OF BALWEARIE.

(County Fife.)

Argent, three Lion's heads erased gules langued azure.

(Il/umi?iated MS. of Sir David Lindsay, Lyon King of
Arms, A.D. 1542.)

SCOTT 3 FERGUSON COINfiUHCH

MELVILLE OF RAITH.

(County Fife.)

Gules, a Fess between three Crescents argent.
(Illuminated MS. in the Lyon Office.)

SCOTT \ ' EPC-USOU FD1W9UPCH

BROWN OF FORDELL. 1 7

by her first marriage, John of Fordell seems to have had one son and one
daughter.

1. John.

1. Katherine, married Alexander Mastertoun of Mastertoun-Beath,
county Fife.

Katherine Melville was dead before October 1558, when her husband
has a discharge from John Quhyte of Easter Lumbenny for 500 merks,
part of the price of the lands at Alva.

On 26th January 1560-61, there is recorded a contract between
John Whyte of Lumbanie Easter, brother and heir of Robert Whyte of
Bannathill, on one part, and John Broun of Fordel, spouse of the deceased
Katharine Melville, who was relict of said Robert Whyte, discharging
in favour of said John Broun an obligation (on which there was a
decreet-arbitral on 17th March 1547), incurred by the said Katharine to
the said John Whyte, for 1620 merks, which sum had been laid out on
land by the said Robert Whyte for her conjunct-fee, but was now paid
by the said John Broun, who had assumed responsibility therefor, with
his cautioners, Thomas Moubray of Barnbougal, and Archibald Dundas
of Fingask. The contract is dated at Orwell, 13th August 1560.1

In 1575 Janet Melville, niece of the late Sir Thomas Melville, vicar
of Dunbog, made John Broun her cessioner.2

The Laird of Fordell married, secondly — contract dated 1561, Feb-
ruary 1, her tocher £1000 — Katherine, daughter of David Boswell of
Glasmont and Balmuto, county Fife, and Elizabeth, his wife, daughter
of Sir John Moncrieff of that Ilk, county Perth. By this lady, who
died in September 1599, he had —

2. David of Finmount.

3. Mr. Robert of Pitkenny, county Fife, confirmed executor to his

mother by the Commissary of Edinburgh, 30th June 1600.
In 1618 he had a Crown charter of the lands and barony
of Lindores, Grange, and other lands in the shire of Fife.
He married Margaret Pitcairn, and had Anna, baptized at
Edinburgh 14th December 1602. Mr. Robert was one of the

1 Reg. of Deeds, vol. iii. fol. 87, and vol. iv. fol. 33. 2 Kecords of Dysart.

18 HISTORY OF THE FAMILY OF

curators of his kinsman, James, Master of Colville, 1622. He
alienated Pitkenny and Muirtown to James Wemyss before
1632, and was dead in 1633.

4. George, one of the witnesses to his father's will in 1602.

John of Fordell, Archibald Dundas of Fingask, and Robert Colville of
Cleish are, on 28th May 1561, cautioners for Francesca Colquhoun, in
the contract of marriage between her daughter, Grizel Colville, sister
of the said Robert, and Henry Echlin of Pettadro.

It was probably in this generation that the family branched off, as to
which there is the following entry in the Lyon Register about 1673 :
" John Broune of Hingingsyde, descended of the familie of Fordell, bears
azur a cheveron invecked betwixt three flower de lis or;" no crest or
motto is given. " George Browne, Provost of Dundie," seems also to
have been a cadet of the house of Fordell, as the same arms are recorded
at that date for him, with the cheveron wavy as his appropriate differ-
ence. He was afterwards proprietor of Horn, in the county of Forfar,
which had been in the family for at least two generations, and left
descendants in the male line seated there till the death of George Brown
of Horn about 1760, leaving Catherine, Clementina, Elizabeth, Grizel,
Helen, and Rachel, his daughters and co-heirs.

In 1644 George Brown sat in Parliament as commissioner for the
burgh of Dundee. In 1648 George Brown, Dean of Guild, Dundee, is
mentioned, and in 1649 John Brown of Horn occurs.

In 1693 the Lyon Register contains the following matxiculation, with
a note that it was extracted in Latin and English on the 20th March :
" William Brown, a Scotsman by origine (descended of that Familie of
Browns, in the Kingdom of Scotland and Shirefdom of Angus, now
represented by George Brown of Horn, late Provost of Dundie), now
Merchant in Dantzick, Bears azur on a chevron waved betwixt three
flowers de lis 2 and 1 or a thistle slipped vert. For his Crest a Dolphin
najant proper. The Motto, Virtus dedit cura servcibit." This William,
having acquired a large fortune, was created a baronet of England, 14th
December 1699. Le Neve, in his Collection of Baronets' Pedigrees,
says : " He was of Scotch parents, and said to have raised his own fortune

GEORGE BROWNE, Provost of

Dundee, Ancestor of the

Browns of Horn.

Azure, a Cheveron wavy between three Fleurs-de-lis or.

{Lyon Register A.D. 167 2-1678.)

sum. rrnouiOM coiiiburch

BROWN OF FOEDELL. 19

from nothing, by trading to the town of Dantzick. He was descended
from Scotland, lived at Dantzick, came over into England, went thence
into Holland, and after returned to Dantzick again. His son lives in the
Pell Mell."

Sir William's sister married a merchant in Dantzic of the name of
Kisson, and had a daughter, Janet, who, in 1713, married John Nicholson,
shoemaker in Dundee, son of a merchant in Dantzic.

His son Sir John, resident in Pall Mall, sold a house on Kew Green
to Queen Caroline. He obtained another extract of arms from the Lyon
Register 29th August 1727.

His son and successor lived and died in Poland, and the family is
understood to be extinct in the male line.

The other daughters of John Brown of Fordell are —

2. Nicholas, married Patrick Grserne of Inchbrakie, county Perth,

brother of George, Bishop of Orkney, and great-grandson of the
first Earl of Montrose. The present Patrick James Frederick
Grasme of Inchbrakie and Aberuthven, the lineal descendant
of this marriage, is understood, failing descendants of the
present Duke of Montrose, to be heir to the earldom.

3. Isabel, married, 1st July 1598, with a tocher of 5000 merks, Sir

Patrick Murray, then of Geanies, county Ross, afterwards of
Byn and Drumcairn, county Perth, a member of the Privy
Council, who died 1604. He was an officer in the bodyguard
of James the Sixth, brother of David, first Viscount Stormont,
younger son of Sir Andrew Murray of Arngask and Balvaird,
and grandson maternally of William, second Earl of Montrose.
Of this marriage was born one child, Catherine, who died
young.

Isabel survived her husband, and married secondly Sir
George Erskine of Innerteil, county Fife, the alchemist, a
Senator of the College of Justice 1617-1646, brother of the
first Earl of Kellie. She died in October 1639. They had
two daughters and co-heirs —

20 HISTORY OF THE FAMILY OF

1. Anne Erskine, married John, Lord Melville, and was

mother of the first Earl of Melville, whose descendant
is the present Earl of Leven and Melville.

2. Margaret Erskine, married, first, Sir John Mackenzie of

Tarbat, county Cromartie, Baronet, and was mother
of George, first Earl of Cromartie, Lord Justice-
General, Lord Clerk Register, and Secretary of State,
whose descendant is the present Duchess of Suther-
land, Countess of Cromartie in her own right ;
secondly, Sir James Foulis of Colinton, county Edin-
burgh, Baronet, a Senator of the College of Justice
1661, and Lord Justice-Clerk 1684-1688.

4. Elizabeth, married, in or before 1591, Andrew Lundin of Conland,

county Fife, a favourite of James the Sixth, whom he accom-
panied to England in 1603, and spent his estate at court.
He was third but second surviving son of Robert Lundin of
Balgonie, county Fife, and Margaret, his wife, daughter and
heir of Andrew Lumsden of Conland. Andrew Lundin of
Carrie, second son of Elizabeth Brown, was one of the tutors
of Antonia Brown, heiress of the Fordell family.

5. Janet Brown, married, in 1576, her cousin, Alexander Gaw of

Maw, and had issue. Her husband was dead in 1606, but she

survived him many years, and in 1623 is a consenting party

to a contract entered into by her grandson, John Gaw of Maw,

then a minor, with consent of David Brown of Fmmount,

Robert Bruce, fiar of Clackmannan, Robert Bruce of Blairhall,

and Mr. James Spence, minister of the Gospel at Tulliallan,

his curators, and Marjory Bruce, his mother. Janet Brown's

daughter, Elizabeth Gaw, married Robert Bruce of Kennet,

and was ancestress of the present Lord Balfour of Burleigh.

This laird added considerably to the family estate by the purchase,

in 1569, from his kinsman, Archibald Dundas of Fingask, of his half

of Balbarton ; he acquired the estate of Finmount, in the parish of

Kinglassie, county Fife, which he settled on David, son of his second

ADAMSON OF CRAIGCROOK.

(County Edinburgh.)

Argent, a Crescent gules between three Cross Crosslets
fitch^e azure.

(MS. of Robert Porteus, Snowdown Herald, A.D. 1661, but on a stone
at Craigcrook, 162 i, there is a Mullet in place of the Crescent.)

SCOtrS FCRGU50H EDINBURGH

BROWN OF FORDELL. 2 1

marriage, by apprising from Sir William Kirkcaldy of Grange in 1567, in
which year he and Katherine Boswell, his spouse, grant a discharge for
the sum of £2000 lent to Sir William. A charter was thereupon granted
by the Abbot of Dunfermline, the superior, with a tack of the teinds of
Finmount in his favour. In 1583 he had a letter of gift of the escheat
of Henry Orme of Mugdrum and others, and in 1583 a similar gift of the
escheat of his own brother James. He made his will 8th May 1602, at
Fordell, nominating his sons Robert and David executors, and died 2d
July following, having had, besides his legitimate offspring, a " bastard son
natural," Nicoll Broun, who was dead 2d March 1622, when Mr. Robert
Brown of Pitkenny had a gift of his escheat.

XI. John Brown, younger of Fordell, died in December 1596, during
the lifetime of his father; he married, contract dated 23d February 1581,
Elizabeth, daughter of William Adamson of Craigcrook, in the parish of
Cramond, county Edinburgh, and Margaret Park, his wife. The Adam-
sons were a burgess family of note in Edinburgh, and William, the first
of Craigcrook, who was killed at Pinkie, married Janet, daughter of
John Napier of Merchistoun, and Elizabeth Menteith of Ruskie, his wife,
co-heir of the earldom of Lennox. John Brown and Elizabeth, his
spouse, had a charter of Craignathro from his father before 9th June
1589. He died in December 1596. They had issue —

1. John.

1. Elizabeth, to whom her uncle, David Brown of Finmount, was

tutor, was confirmed, 9th July 1597, executrix-dative of her
father by the Commissary of Edinburgh. She was alive,
unmarried, 1614.

2. Katherine, married William Oliphant of Gask. In 1638, being

then a widow, she executed at Finmount a renunciation of her
liferent of part of Pitlochie.

3. Jean, married John Guthrie of Hawkertoun, county Forfar, and

had issue.1
The following extract from the Privy Council Register2 gives a curious

1 Lyon Register of Genealogies. 2 Reg. See. Cone. Acta, vol. Feb. 1589— May 1591, p. 352.

22 HISTORY OF THE FAMILY OF

account of an attack made by the followers of Sir Thomas Lyon of
Auldbar, styled Master of Glammis, then High Treasurer of Scotland,
upon John Brown's wife and tenants at Craignathro in Forfarshire : —
Apud Haliruidhous xix Junij Anno Lxxxx0.
Sederunt : —

Rex

Cancellarius Murdocarny Custos Secreti Sigilli

Hammiltoun Comptrollor Advocatus

Mar Collector Colluthy

Moi-toun . Clericus Registri

Newbottill Clericus Justiciarie

Anent the complaint maid to the kingis maiestie and lordis of Secreit
Counsall be Johnne Broun youngar of Fordell makand mentioun That
quhair he is heritablie infeft in all and haill the landis of Craignethray
liand within the Scherefdome of Forfair lyke as he and his predicessouris
tenentes and servandis hes bene in peciabill use and possessioun of
pasturing casting of faill and devott upoun the commoun mure of Forfare
callit Kingis Mure past memor of man without stop or impediment quhill
laitlie upoun the sj day of Apryle last bipast Thomas Maister of Glammis
his hienes thesaurare upoun sum jDretendit titill unknawin to the said
Johnne Broun be his grevis and servandis in his name come to the said
mure and violentlie drave his tenentis gudis to ane fauld biggit be the
said maister upoun the said commontie Out of the quhilk fauld Mr Ptobert
Broun broder to the said Johnne for keping of his auld use and posses-
sioun tuke the saidis gudis And for this caus allanerlie and na vther the
said Thomas consaving ane havy displeasour aganis the said Johnne Broun
upoun the xiiij day of the said moneth bodin in feir of weir with jakkis
speiris pistolettis steilbonettis and utheris wappynnis invasive accum-
paneit with the nwmer of thre scoir personis come to the said Johnnes
dwelling hous of Craignethray he being absent for the tyme And thair
having pistolettis in thair handis sercheit the haill houss kaist ower beddis
and rypit all pairtis sa narrowlie as thay could And his wyff being greit
with barne and in feir come in to the yaird with thair pistolettis in thair
handis and so terrifeit hir that scho is yit in dangeare of hir lyff And

BROWN OF FORDELL. 23

persaving that thay could not have him to have performit thair cruell
interpryis thay maisterfullie and 23erforce tuke Adam Brounhill William e
Sterling E,obert and Richert Boutcheris James Lyell George Symsoun to
the fauld foirsaid causit with wappynnis hald bak thair wyffis that
thay sould not lament for thair husbandis And thairefter imme-
diatelie tirrit thame within the said fauld geving thame mony despyte-
full wordis And efter thay wer tirrit to thair sarkis scurgeit
houndit with doggis and chaissit fyve of thame fra the said fauld for
the space of half ane myle with sic cryis and exclamatioun that
sindry nychbouris of the tounis nixt adiacent hering the samyn come and
■wer behaldaris of that pitiefull spectakill And nocht content heirwyth
the saidis puyr men eftir thay wer cum to thair houssis the said maister
returnit to thame and inhibit thame under the pane of hoching of thame
serais and thair gudis that thay nayther put plewch nor harrow thair-
eftir upoun the said Johnnes propir heritage of Craignethray Lyke as
Alexr Guthre of Kincaldrum wes sent be the said maister unto the
said Johnnes wyff at that same tyme to asseur hir of the samyn For
verificatioun heirof the said maisteris servandis in his name within four
dayis thairefter come and lowsit the said Johnnes tenentis harrowis
certifeing thame that gif thay yokkit agane thay had command to hoch
bayth men and gudis And nochtwithstanding all thir unsufferabill
wrangis the said Maister persisting yit in his foirnemit malice Johnne
Guthre ane of his greffis upoun the xxvj day of the said moneth of
Apryle come to the hous of Gilbert Boutcheour tenent to the said
Johnne Broun and thair perforce brak up his durris and drave out his
gudis Lyke as alsua cruellie with battownis dang Adam Brounhill ane
uther of his tenentis in hie contemptioun of his majesties authoritie
and lawis And to the evill exempill of utheris to do the lyke gif this be
smTerit to remane unpuneist Lyke as at mair lenth is contenit in the said
complaint Quhilk being red upoun the tent day of Junij instant And
the said Johnne Broun comperand personalie and affermand the haill
contentis of the said complaint tobe of veritie And the said Thomas
Maister of Glammis being alsua personalie present Quha denyit the
haill pointis thairof as it is formit and consavit aganis him Quhairfoir

24 HISTOKY OF THE FAMILY OF

the samyn being admittit to the said Johnne Brownis probation and
certane personis witnessis being produceit be him at ane certane day
bipast assignit to him for preving thairof Quhais depositionis togidder
with diveris the ressonis and allegations of bayth the said pairteis and
declaratioun of sum personis allegeit actuall committaris of the crymes
abonespecifiit being hard and considerit be his hienes and the saidis
lordis and thay ryplie advisit thairwith The Kingis maiestie with advise
of the saidis lordis assoilzeis the said Thomas maister of Glammis fra
the said complaint and contentis thairof insafar as mentioun is maid
thairin that the crymes forsaidis wer or ar allegeit tobe done be him or
of his causing command foirknawlege or hounding out And forder as
the samyn is consavit and libellit aganis him, without preiudice alwayis
to the said Johnne Broun to persew the personis quhatsumevir actuall
committaris of the foirsaidis crymes befoir his maiestie and the saidis
lordis or utheris iugeis competent thairto as accordis of the law.

XII. John Brown of Fordell, only son of the preceding, was served
heir-special to his grandfather in the lands of Nether Fordie, county
Perth, on 5th October 1602. On the 13th of July 1632 there was a
decreet of valuation of the lands of Fordell, etc., at the instance of
Mr. William Bow against Alexander, Bishop of Dunkeld, and John
Brown of Fordell.

He married, first, Catherine (relict of Sir John Lindsay of Balinscho,
Woodwrae, and Woodhead, county Forfar, who died 6th January 1609,
younger son of David, ninth Earl of Crawford), eldest daughter of Mr.
John Lindsay of Balcarres, county Fife, Secretary of State and a Senator
of the College of Justice 1581-1598, under the style of Lord Menmuir,
Lord Privy Seal and Secretary of State, Ambassador to France 1597.
By this lady, who was sister of the first Lord Balcarres, he had—

1. John.

2. Kobert.

1. Katherine.

John Brown of Fordell married, secondly, contract 12th April 1627,
his kinswoman, Margaret, eldest daughter of Mr. William Adamson of

LINDSAY OF BALCARRES,

LORD MENMUIR.

First and Fourth gules, a Fess checquy argent and
azure, for Lindsay ; Second and Third or, a Lion
rampant gules armed and langued azure debruised
of a Ribbon sable, for Abernethy ; all within a
Bordure azure, charged with fourteen Mullets, or,
for difference.

(Lyon Register.)

scoria FERGU30H COlNBUflGH

BROWN OF FORDELL. 25

Craigcrook (by Dorothy Galloway, his first wife), who, in 1619, acquired
some lands from John Gaw of Maw, and appears at a later period as a
party or witness to several deeds of the families of Gaw and Brown.
Margaret was niece maternally of James Galloway, Lord Dunkeld,
Master of Requests to Charles the First. Her branch of the family
of Adamson gave birth to Countess of Southesk ; Patrick,

Archbishop of St. Andrews ; Janet, wife of Macgill of Ean-

keillor, a Senator of the College of Justice ; James, provost, and Henry,
a bailie of Perth, both of whom represented the burgh in Parliament.
They had —

3. William, who was served heir-general to his father, John Brown
of Fordell, 26th November 1634. On the 24th of the
following month he had a Crown charter of the lands of
Deuglie, Mill of Arngask, and the teinds of Deuglie. He
died without issue 3d June 1646, when these lands were
inherited by his elder brother.
2. Jane, married 17th November 1647 her cousin, Andrew Lundin
of Carrie, and had issue. Carie, in the parish of Abernethy,
was disponed by Sir John Broune of Fordell in 1650 to this
Andrew, then designed "of Provostmains."
John Brown died in June 1631, and his wife, surviving him, is
mentioned in charters granted to her son and stepson. He left the
estate heavily encumbered, as shown by an agreement entered into in
1631 by the relatives of his son and heir to aid his children.

John Brown of Fordell was one of the heritors of the parish of
Forgandenny, who reported in 1627 to His Majesty's Commissioners
for the Plantation of Kirks, etc. : —

" Fordill and Blairstruo lyis four myllis large fra the said Kirk " of
Forgandenny, and within a mile and half of the Kirk of Arngask, " quhilk
Kirk is lykwayis unplantit."

John Brown, being tacksman of the teinds of Wester Dunbullis.
is thus referred to —

" The landis of Fordill and Blairstrowie with the pendicles the greatest
pairt thairof lies bene and is labourit in manseing estimat to pay com-

26 HISTORY OF THE FAMILY OF

munibus annis in stok and teind viij° merkis. Johnne Broun of Fordell
lies ane tak of the great terndis haldin of the B. of Dunkeld ffor the
quhilk he payis yeirlie to him the soume of xl lib, and to the Minister
xx lib, ffor the quhilk he hes prorogatioun. He satisfeit the B. for the
gressum and entrie of the said tak." *

XIII. Sir John Brown of Fordell and Rossie was served heir-special to
his father John, 26th November 1634, in Deuglie, Arngask Mill, Nether
Fordie, and other lands in the county of Perth, Kingsmuir, and Craig-
nathro in the county of Forfar, and Wester Balbarton in the county of Fife.

He was a minor when his father died, and his curators were William
Oliphant of Pitlochie, James Melville of Halhill, Robert Brown, apparent
of Finmount, Mr. Robert Lindsay, brother of David, Lord Balcarres,
and Mr. George Graham of Inchbrakie. He acquired the superiority of
Deuglie, etc., from John, Earl of Mar.

The death of his half-brother, to whom he was served heir-special,
26th February 1648, reunited to the family estate the lands which had
been settled upon the son of his father's second marriage, and, 1st March
following, Sir John had a Crown charter of the baronies of Fordell and
Rossie. He purchased the lands of Carie, Hatton, Caroline, and Brodwill
from Archibald, Earl of Angus .

"Sir Johne Broune of Fordell, Knight and Collonell," had another
Crown charter, dated 8th December 1650, of the lands and barony of
Weddersbie, county Fife ; Easter Fordell and other lands in Perthshire,
which, in consideration of the sum of 4000 merks paid to his Majesty,
"and als for the honourable, faithfull, and thankfull service done by
him to his Majestie and this Reahne in the late warrs," were no longer
to be held by service of ward and relief, but as " ane frie blensh holding
for the yearlie payment of ane pair of gilt spurs." This was shortly after-
wards ratified in Parliament.

Sir John, who was a military officer of distinction, was knighted
by Charles the First at Edinburgh 6th November 1641, when General
Leslie was created Earl of Leven.

1 Reports of Statistics of Various Parishes of Scotland. — Maitland Club.

BROWN OF FORDELL. 27

Sir James Balfour, Lord Lyon, in his Annates, gives the following
account of the ceremony : —

"6 Novembris, Saterday, Sessio I., Bege presente.

"Generall Lesley having neulie receaved his patent of Lord Balgoney
and Earle of Lewine, wes solemly this day instaled by his Maiestye's
order, in face of parliament. Being invested in his parliament robes, and
conducted by the Earles of Eglintone one his right hand, and Dum-
fermlinge one his lefte, in ther robes ; the Ducke of Lennox and
Blchmond, Grate Chamberlaine of Scotland, in his robes, going befor
him ; in this order did they come throughe the courte, and so entred
the parliament house.

" First went sex trumpetts in ther liveries, tuo and tuo in order.
Then the pursuewants, tuo and tuo in order, in ther coattes of office.

" Then the heralds in ther coattes, the eldest of wich did beare his
coronett.

" Nixt cam the Lyone King of Armes having the new Earle's
patent in his hand.

"And after him the Lord Grate Chamberlaine in his roabes, folloued
by the Earle Marishall, quho did usher in the new created Earle and hes
tuo assistants, or conductors. Quhen they cam befor the throne, the
Lyone delivered the patent to the Earle of Levin, quho did give it to the
president of the parliament, and he to the clercke, quho opinly read it.

" Then after 3 severall low cringes, the Earle ascendit the throne, and
kneeling befor his Maiestie, had the vsuall othe of ane Earle admini-
strat to him by the Earle of Lanarke, Secretarey of Estait : after wiche
his Maiesty did putt the coronett one his head, and arryssing humblv
thanked his Maiesty for so grate a testimoney of his favor, and withall
besought hes Maiesty to knight the 4 Esquyres that did attend him,
wich in this order, by his Maiesties command, wer called by the Lyone
King of Armes :

" Johne Lesley of Birckhill ;
" Johne Broune of Fordell ;
" James Malweill of Brunt- iland ;
" Androw Skeene of Aughtertule.

28 HISTORY OF THE FAMILY OF

Being in this order called by ther names, they ascendit the throne, and,
kneeling, wer severally dubt Knights by his Maiesty, with the suord
of estait ; then all of them, again kneeling, had a gilt spur put one ther
right heill by Sir David Crightone of Lugtone, knight, the ancientest
knight ther at hand. This done, they still one ther knees, with upelifted
hands, had the othe of a knight administrat to them by the Lyone King
of Armes, after wich they severally kissing his Maiesties hand, descendit,
and attendit the new made Earle to his place, quher he was ranked
amongest his peeres.

' ' Then wes ther 4 severall alarges proclaimed by the Lyone, first for
his Maiesty, by the heraulds for the neu Earle, and by the pursewants
for the 4 knights, with all ther tytilles ; after wich the Earles reteired
and disrobed themselves, and therafter returned to the housse."

In 1641 he was chosen by the barons of the county of Perth to be
their commissioner to Parliament, and was afterwards a Major-General
of Horse. There are frequent notices of his career to be found in the
Acts of Parliament, Sir James Balfour's A nnales, and other works : —

" ' The true nott of the losses and expenses of these officiars that war
takne prissonars at Tynmowthe Scheils In the begining of Apryll 1640,
being driven thither be storme of weather In ane brokne schippe, and
war detainet at Newcastle ane monthe, and therafter sent to York castell.

"'Item for Ritmaster Fordell Broune and Livetenant-Collonel
Hendrye Sinklare, being eight months imprissoned, for ther and ther
servands dyet, ludging, Jaylor feis, and other necessar expenses, everie
on of them having truly depursed fyve hundrethe and fuftie dollars.

" ' Summa, eleven hundrethe dollars.

"'(Signed) Jo. Broun.'"

The others were Colonel James Wardlaw, Lieutenant John Adin-
ston, Ensign David Guthrie, and Sergeant Robert Finlason.

Their petition was read in Parliament 10th November 1641, and on
the 15 th remitted to the committee and commission appointed for the
common burdens of this kingdom, and Johne Browne, sergeant, was,
along with Colonel Kynnynmonth and several other officers, taken

BROWN OF FORDELL. 29

prisoners coming home from Germany, near Flamborough Head, taken
to Newcastle, and detained twenty days, then carried close prisoners
to London, and kept for nearly three months all on their own charges,
losing their goods, saddles, pistols, and other arms.

1643, August 22. — Articles of Agreement made by the Convention of
Estates, by which Sir Johne Broun of Fordell, knight, was appointed Major
of three troops of horse, of sixty men each, and Rootniaster of one of them,
with power to name sub-officers. The men were to be levied, and fully
provided with horses and arms before the 13th of September by him,
Thomas Craig of Riccarton, and William Stewart, under a penalty of 5000
merks, and then to muster on Leith Links, Lord Balcarres being cautioner
for his cousin, Sir John. His pay was to be £200 monthly, with an allow-
ance of £3 for each man enlisted, but £1 to be repaid on disbandment.

In July 1644 Montrose surprised the garrison of Dumfries, and took
the town, making prisoners the Provost and the men of a troop of
horse, in the absence of their captain, Harry Drummond of Pitcairns ;
" thereafter Montrose was beat and dung back by Sir John Brown of
Fordel with his troops." 1

24th July 1645. — Ane Lettir sent from Sir Johne Broune (to the
Parliament sitting at Perth), with ane paper from Coll. Home, remitted
to the Committie of Estates.

5th August 1645. — Parliament instruct Arthur Erskine of Scotscraig,
who is sent to the committee with the Scotch army in England to direct
that Generals Munro and Middleton return to Scotland before 7th Sep-
tember, with troops for "ane active prosecutione of the warre againes
the rebelles and otheres of our unaturall cuntriemen, who disturbe the
peace of this cuntrie," and also to " represent that these horses wilder the
command of Sir Johne Broun,lieing raised in the North, are not thought
for that service, bot are requyred to be in reddines to marche upoun
adverteisment from the Erles of Roxburghe and Buccleughe towards our
south borderes, for suppressing of disorders thair."

Nov. 1645. — Montrose heard that Digby had been repulsed by Sir
John Brown.2

1 MS. Diary of a Citizen of Perth. 2 Diurnal of Occurreuts.

30 HISTORY OF THE FAMILY OF

4 tli February 1646. — "The Estates of Parliament taking in conside-
ration the cariage and well deservingis of Sir Johne Broun of Fordell in
the publict service for the safetie of the kingdome against the rebellis
and enemies thairof, and speciallie that in the repelling and routting of
these forces that invaded the kingdome at Dumfries, under the conduct
of the Lord Digbie and [Sir Marmaduke Langdale], together with the
desire represented to the Parliament in the behalfe of the said Sir Johne
Broun thairanent : They do heirby seriouslie, and in a special! maner,
Recommend the said Sir Johne Broun with his cariage, well deservingis,
and desires theranent, to the committie for the money is, processes, and
fynes, to be tane in present consideration be them for satisfaction of his
deservingis and desires as the committie shall think fitt."

On the 29th January 1647, Colonel Sir John Brown is appointed
one of the rootmasters of fifteen independent troops of horse, 1200 men
in all, to be kept up for the service of the kingdom. On March 6th there
is an Act in favour of him and others : —

" The Estates of Parliament having heard and considered the peti-
tion of Sir Johne Broune and remanent officers of the first audit troupis
imployed in the service at Annand Mwre against the Lord Digbie and Sr
Marmaduk Langdaill desyring payment of that monethis pay appointed
to this regiment be ane act of the Committie of Processes granted ther-
anent upon the Parliament at St. Androis their recommendation to that
Committie, Together with the Beportof the Grand Committie concerneing
the foresaid desire, and heirwith also considering that the Committie of
Estates did formarlie grant and ordane ane gold chayne, worth twa
thousand nierkis Scotis, to be given to the said Sir Johne Broune, and ane
uther gold chayne, worth four thousand merkis Scotis, to Generall Major
Midletoune, as ane mark of deserved favor for the good service done be
them, the saidis Estates ordanis and allowis ane monethis pay to be given
to the officers of the foresaid Regiment with the pryces of the tuo gold
chaynes abonespecifiet, to be payit out of the first monethis mantenance,
not yit assigned. And for this effect the Estates doe heirby assigne the
officers of the said regiment, and the saidis generall Major Midletoune
and Sir Johne Broune for thair payment respective foresaid to what of

BROWN OP FORDELL. 3 1

the first monethis maintenance is yit unassigned : And ordains the foresaid
monethis pay to the officers of the said regiment to be according to the
English pay ; and for the more readie payment of the said monethis pay
and pryce of the tuo gold chaynes, the Estates ordanis and appointis the
generall commissar and Archbald Syidserfe to set doune the particular
assignement of the shyres and burghes for the said first monethis
mantenance quhilks ar not as yit assigned, and wherout of the foresaid
monethis pay to the officers of this regiment, and pryces of the tuo gold
chaynes abonewritin, ar heirby ordaned to be payed as is before rehearsed.
Quheranent thir presentis salbe ane warrand."

In 1646 a party of his regiment plundered James, Earl of Queens-
berry, of a considerable sum of money, and much furnishing, estimated at
£30,000 in the report, 2d July 1661, of his lordship's losses.

A similar report, 25th June 1661, on the claims of the Earl of
Annandale, states that he was imprisoned after the battle of Philip-
haugh, 1646, and, among other sums, had to pay Sir Johne Broune £6000
before he was released.

24th March 1647. — Act, Lord Balcarres and Sr Johne Broune : —

" The Estates of Parliament, taking into thair consideration the supli-
casioune of Alexander Lord Balcarres and Sir Johne Broune of Fordell,
schewing that thair was ane monethis pay ordanit to be given to the
officers of thair regiments, and ane assignement granted to them for pay-
ment thairof, and of tua gold chaynes to generall Major Midletoune and
Sir Johne Broune out of the superplus of the first monethis mantenance,
and that the samen superplus of the first monethis mantenance wal'd not
mak up the halfe of the sowme, and thairfore desyring that order might
be given to the generall commissar for payment of the foresaid monethis
pay and pryce of the tua gold chaynes abonespecifiet out of the first of
the excise or mantenance, or by some other effectuall way that the samen
may be satisfied, as the suplication more fullie beirs : The saidis Estates
of Parliament ordanis the pryces of the foresaidis tua gold chaynes, viz.,
tua thousand, sex hundred, thriescore sex pundis, 13s. 4d., for generall
Major Midletoune's chayne, and ane thousand, thre hundereth, threttie
thrie pundis, vj s. 8d. for Sr Johne Broune's chayne, togither with the

32 HISTORY OF THE FAMILY OF

monethis pay to the officers of the saidis regimentis, viz., 12,435Ub Scotis>
for ane English monethis pay to the officers of the Lord Balcarras regi-
ment, and the sowme of 10,3 ilUb for ane English monethis pay to the
officers of Sr Jon Broune's regiment, to be payed to the said Major-generall
Midletoune, the Lord Balcarras, and Sr Johne Broune, and to the officers
respective of thair tua regimentis out of the foresaid excise and monethlie
mantenance of the kingdome when and so soon as the sowmes for inter-
teining of the forces within this kingdome sail come from England, but
prejudice of the act granted in favour of the generall Commissar, and
with reservatione thairof, and of formar assignement granted in favours
of generall Major Midletoune and otheris of this date, and of sick uther
assignements as ar granted in favors of some uther persones preceiding
this day. Quheranent thir presentis salbe a sufficient warrand."

1648. — Sir James Turner writes : " Bot before this was done, a peti-
tion is draune up by Argile and his friends (the Chancellor playing fast
and loose with both parties) which is called the petition of the armie,
which was to secure religion (for these were the Kirk's words) and the
kingdome of Christ, before any forces were raised for the King's releas-
ment. It is signed privatlie by Leven, Da. Leslie, Major-Generall
Holburne, Sir Johne Broun, Colonel Scot, and some others, and then
presented publiklie to the rest of us, thinking that we could not, being
sojors, refuse to follow our leaders. Bot they found themselves mistaken ;
for Major-Generall Middletone, and the honnest part of the officers of the
armie, told them, that such a petition, which looked so like mutinie, could
not be presented to the Parliament without incurring the dishonour which
Fairfaxe his armie had draune upon itself, to impose on the Parliament
of England. . . . The business was so handled that it never was
presented."

1648, April 18, Sir John was named a member of the Committee of
War for Perthshire ; May 4, appointed Colonel of a regiment of eighty
horse, to be raised in the counties of Roxburgh, Selkirk, Berwick, and
Haddington ; but this troop was transferred to the Earl of Callander.

4th January 1649, he and Sir Thomas Buthven of Freeland sat in
Parliament as commissioners for Perthshire.

BROWN OF FORDELL. 33

On the 15th February 1649 he was nominated a member of the
Committee of War for the shires of Perth and Forfar, and a member of
the sub-committee, which was to sit at Perth.

On the same day he was made Colonel of Horse within the county of
Perth, and on 2d March had a troop placed under his own command by
the commissioners of that shire, and, with their advice, apj)ointed
William Bruce his Lieutenant- Colonel, with a troop.

On the 27th of February, there was a debate in Parliament between
Sir John and Sir Archibald Johnstone as to the Scots' last going into
England, and the coming of General Lambert into Scotland, when the
latter admitted what he had previously denied — that the English came
with consent ; upon which Sir John desired the Clerk to note that as
an essential point now confessed in open Parliament.

An Act was passed in his favour on the 1 2th March, as follows : —

" The Estates of Parliament, taking to their consideratioune ane
supplicacioune given in be Sr Johne Broune of Fordell, kny*, shewing
that he had borrowed upone his credite and band severall soumes
of money which wes desbursed be him for the use of the publict, and
for repeyment of which soumes he receaved severall actis of Parliament
and committees, and last in October 1648, wherin he was assigned to
seven monethis mantenance, dew by the toune of Dundie, and chairged
the provost and baillies of the said burgh with letteres of horning for
peyment, making thairof, and in obedience thairof, the saids provost
and baillies granted him a band conforme thairto : Notwithstanding
whereof the said burgh hes sensyne procured ane warrand and exemp-
tioune from the Parliament for two monethis of the saids sevin monethis
mantenance, and thairfore desyring that the Parliament wald declare
that the said exemptioune sould nawayes be prejudiciall to Mm for
the monethis mantenance formerlie assignit to him and contenit in the
said band granted to him be the said toune of Dundie, as at mair
lenth is contenit in the said supplicacioune, whilk being taken into
consideratioune be the saidis estaites of Parliament, they have declaired
and declaires that the said exemptioune granted to the said burgh of
Dundie sail nawayes be prejudiciall to the said Sr Johne Broune,

34 HISTOKY OF THE FAMILY OF

supplicant, for the monethis mantenance formerlie assigned to him by
the Committee of estaites, in maner and for the caus abonespecifiet and
contenit in the band granted to the said Sr Johne by the provost and
baillies of the said burgh, and hes discharged and dischairges any act
granted to the toune of Dundie in prejudice of the said band granted
be the said toune to the said Sr Johne Broune ; and ordaines siclyk
letteres to be direct heirupone againes the toune of Dundie for pey-
ment of the soumes contenit in the said band in swa farr as the
samyne may be extendit to twa monethis mantenance aughtand be the
said toune as might have been direct upone the foirsaid band grantit
to him befoir the act of exemptioune granted to the said toune. "

On the 14th March he was named a member of the Grand Committee
for " governeing the whole bodie of the kingdome accor-ding to the league
and covenant," to treat with the King and kingdom of England or foreign
princes or states, raise forces, etc.

On the following day, on their supplication, stating that Sir John
had " evictit from thame two monethis mantenance preceeding October
last," the magistrates of Dundee got an order on Sir James Stuart,
Generall Commissar, for payment.

The following Act and Decreet was passed in his favour, probably as
to arrears due him for military service : —

"Act and decreit in favouris of Sr Johne Broune of Fordell, knight, etc.,
againes Johne Ewing and utheris, 16 March 1649 : Anent the summondis
or lybellit precept raised at the instance of Sr Johne Broune of Fordell,
knight, and Robert Hay of Strowie, for themselffis and in name and
behalffe of David and Robert Brounes in Abbotisdewglie, Helene Scot-
land, relict of vmqle Johne Broune, thair, now spous to Johne Currie
thair, and he for his entres, Robert Hewgon in Cassidewglie, Jon Bal-
mayne thair, Johne and Alexr Burtis thair, Andro and Hendrie Homes
thair, Jonet Symsone, relict of vmqle William Home thair, David Burte
thair, and Christiane Whyte, relict of vmqlc Williame Kintillo thair, and
• — Broune thair, tennentis and possessouris of the landis of Abbotis-
dewglie and Clasedewglie, againes John McEwing in Condocloich (and
thirteen others called Roy, McGregour, M'Ara, etc.) makand mention,

BROWN OF FORDELL. 35

that whair in the moneth of August 1645, the saidis defenderis, with
their complices and followeris, came in ane hostile way, armed with
warelyke furnitour, to the saidis landis, . . . and thair in a violent
way took and spuilzed robbed and drave away the number of catell,
horse, nolt, and scheip after specifiet alf the saidis landis perteining to
the perseweris of the availlis and pryces following : — Ilk ane of tham
respective for thair owne pairtis in maner afterdivydit, viz., fra the said
David Broune, fyve oxin, pryce of the peice thairof, fyftie merks ;
auchtene yowis, at five merks the peice ; nyne young scheepe, pryce of
the peece, five merks ; nyne hoggis, pryce of the peice, four merkis ; twa
kyne, at fourtie merkis the peice ; and ane horse, pryce thairof, ffourtie
pundis," and so on, in all 1000 head, valued at 10,640 merks, which were
all detained or sold by the defenders, who were summoned to appear
before the Estates of Parliament on 23d January last. Sir John and
Robert Hay appeared, but not the thieves, and the matter was remitted
to the Committee for Bills. The pursuers were heard ; summons granted
against the defenders for 20th Februaiy ; and they, still failing to attend,
were held to have admitted the charge, etc., and judgment was given
against them.

An Act of Parliament, 4th August 1649, appointed commissioners to
value all lands ; those for the county of Perth sat weekly from 26th of
that month to 15th January of the following year, when they lodged
their " Roll of the Rent of the Sheriffdome of Perth," the first signature
appended to which is "John Browne."

His own estate is thus entered : — " Sir John Brown of Fordel, for
Easter Fordel, and Blairstrowie, in the parish of Arngask, £295, 8s. 4d. ;
Culfargie, in the parish of Abernethy, £600 ; Fordie, in the parish of
Moneydie, £50."

There are also Mr. John Browne of Miretoune, in the parish of
Longforgan, £180 ; James Browne of Home, for Westquarter, in parish
of Errol, £174; Henry Browne of Paanshill, in the parish of Kinfauns,
£226 ; Ronald Brown, Eastside of Leitfie, in the parish of Alyth,
£200.

Sir John sat in the Parliaments held at Edinburgh 4th January to

36 HISTORY OF THE FAMILY OF

16th March, and 23d May to 7th August 1649 ; and in that beginning
7th March 1650. The heritors of the parish of Culross presented a
petition against him and Lieutenant -Colonel William Bruce for redelivery
of 1590 merks and the money said to be unjustly exacted by their own
troopers for themselves and for their quarters. An order was given that
the presidents and clerks of the Committees of War of Perth, Dunkeld,
and Meigle, and Browne and Bruce, appear and produce the authentic
valuation rolls, so that the just proportion of the present levy of horse be
ascertained.

An Act passed 31st July allows for his troop of horse, seventy-five
strong, £1749, and for Lieutenant- Colonel Bruce's, which only numbered
fifty-eight, £1443. Sir John's name again appears on the Committee of
Estates appointed 7 th August.

On 2d August the Estates of Parliament " appoint the Committie of
War of Perth to convene befoir them Colonell Sir Johne Browne, Collonell
Pitscottie, and the Collectour of the shyr, to tak notice and inspectioune
if Sir John Broune's troops have exceidit thair mantinance in quartering^
or uplifting the mantinance of the said shyr, that it may be refoundit
to mak the said Colonel Pitscottie his localitie quhilk is exhausted be
the saids quarterings," etc.

On the 7th of August a petition was read in Parliament from Beatrix
Home, a widow residing in Dunse, stating that for the love and affection
she has to the cause of God in hand, she furnished quarters to the Lieu-
tenant-General of Artillery, Sir John Broune and other prime officers of
the army in their going and returning from England, with their servants
and attendants, to the amount of 5000 merks, mostly borrowed; that
what remained to her is altogether taken away by Cromwell and his
associates, so that she is utterly destitute ; and prays that something may
be allotted for the present maintenance of herself and her family. A
recommendation was made in her favour. On the 24th of the same
month, Sir John sat as a member of the Committee of Estates, which met
at Perth, to see to the peace of the Highlands, to get the chiefs and others
to sign bonds, and also to borrow money. In August 1650 he signed the
Remonstrance sent from the army to the Committee of Estates desiring

BROWN OF FORDELL. 37

the further purging of the army and of his Majesty's Court and family :
they were thanked by the Committee, who promised to use their utmost
endeavour to make the laws passed on this point effectual, and on the
27th of the next month the Marquis de Villeneuve, Earl of Cleveland,
Viscount GraDdison, and many others of the household and followers of
Charles were ordered to leave the Court within twenty-four hours, and
the kingdom in twenty days. Sir John Brown, Colonel, and the officers
of foot of his Majesty's Lifeguard were ordered to put this act in execu-
tion, and to arrest any who should fail in obedience to it.

A letter from Oliver Cromwell, dated Musselburgh, 31st August
1650, gives an account of a fight he had on the 27th, near Gogar, with the
Scottish forces under Leslie : — " The vanguards of both armies came to
a skirmish upon a place where bogges and passes made the accesse of
each army to the other difficult. We, being ignorant of the place, drew
up, hoping to have engaged, but found no way feasable by reason of
the bogs and other difficulties." A cannonade ensued causing some
loss ; Oliver puts his at twenty men, and that of his opponent at
fourscore.

A letter of the same date, from an officer in the English army, speaks
" of all their bravadoes the day before by Sir Johne Browne, by whom
they sent us word they were resolved to give us a faire meeting," and
adds that they would only stand on the defensive in a safe position.

Parliament issued instructions to him on 15th October to go against
the rebels in arms in the north, in which service he was not successful,
as on the 21st, when on his route with his regiment, he was surprised
at Newtyle during the night by Sir David Ogilvy, and routed, with
the loss of four men killed and twenty taken prisoners, who were
stripped of their horses, arms, and clothes. Middleton, on the 24th,
writes from Forfar to Lieutenant-General Leslie urging union, and
saying that they were fighting for their country, religion, king, and king-
dom, which were in hazard. " We are hopeful! that you will not shed the
blood of your brethren, nor put us to that unhappy necessity as to shed
yours in our awen defence. It may be objected that wee did fall on Sir
John Broune his regiment in ane hostill way ; wee thanke God that

38 HISTORY OF THE FAMILY OF

non in that regiment nor aney belonging to us did fall, nather think
that ther was one drope of blood shed ; bot it was Sir Johne Broune's
briske expressions that did occasion it." 1 His regiment was quartered in
the county of Fife from November 1650 till June 1651.

At Perth, 30th December 1650, Parliament approved ratification to
" Sir Johne Broun of his infeftment of the baronie of Weddersbie, Easter
Fordell, with the mylne of Blairstrowie and Cottoun."

A petition to Parliament in March 1649 by Margaret Heriot, widow
of Thomas Ogilvie of that Ilk, who died in November 1647, mentions
that he sold the lands of Carie, Cordine, Hatton, and Brodwill, which
were then held by Sir John Broun of Fordell, Andrew Pitcairn of Inner-
nethie, Andrew Wemyss of Hatton, and David Balvaird. He also sold
Pittreuchie to George Broun, to whom had succeeded his son James.
The lady claimed the alienated estates.

A Bill anent the payment of teinds due by Sir John was remitted on
the 18th December, by Parliament, to the Committee on Bills, and the
parties ordered to be cited.

Instructions were issued, in March 1651, from the King and Parlia-
ment to the Earls of Eglinton and Lothian, Sir James Murray, and
James Sword : — " Yow ar to repaire to Weltries upon Wedensday
nixt, upon the xi of this instant, wher the Lyfe Guarde of Hors,
Scottiscraige, Sir John Broun, and Sir James Halkheid's regimentis are
apoynted to keipe randevouze, and take ane exact musture of the said
regimentis."

On the 15th March a warrant was issued empowering Sir John to
take care of the burgh of Burntisland in the absence of Major-General
John Leslie, who was ordered to attend in Parliament along with the
bailie of that place.

On the 20th, a letter from him, and papers sent along with it,
were read in Parliament, and remitted to the Committee on Military
Affairs. On the 7th of May General-Major Sir John Brown was placed
in command of the Third Brigade of Horse, composed of the regiments of
the Earl of Balcarres, Sir "Walter Scott, and Colonel Charles Arnot.

1 See antt.

BROWN OF FORDELL. 39

On the 17th of June his regiment, with the others, till that time
quartered in Fife, was ordered to march to Stirling.

Sir John's career was now near its close. He went with a party of
2500 men from Stirling, under General Holburne, to Dunfermline, where,
on Sunday, the 20th of July, they were defeated by an English force,
outnumbering them, it is said, by four to one, under General Lambert,
and Sir John Brown, who fought gallantly, was taken prisoner.

Sir James Balfour thus describes his end : — " In September of this
yeire deyed of a fever Sir Johne Brune of Fordell, at Leith, being a
prisoner ther. He was takin by the Englishe at Dumferline, being
Generall-Major of Horsse. He maried Marie Scot, eldest daughter and
one of the co-heires of Sir James Scot of Rossie, in Fyffeshire, and by her
had issewe at his deathe one only daughter, and his ladey with chylde.
His corpes wer interrid amongest his ancestors at Arngoscke." A ruinous
roofless building, in a wood to the east of Rossie House, is pointed out as
the place of his interment.

Mr. John's Lamont's Diary contains the following : — " 1651, Jul. 17,
being Thursday, a pairtie of the English armie invaded the shyre of Fyfe.
They landed att Enderkethen, and did intrenche themselfs ther. The
20 of July, being Sunday, they fell upon a pairtie of our armie that came
from Stirling, betuixt Dumferling and Enderkethen, at which place
severall of that pairtie were killed, severall taken, and the rest fled. At
this tyme Sir Jhone Browne was taken prisoner, younge Bacomie wounded,
and Randerstone younger wounded; both were taken prisoners. The
following regiments of horse were scattered, viz. : — The Lord Balcarresses,
Briechen's, Sir Jhone Broun's, and Collonel Scot's.

"... Aug. General Major Sir Jhone Browne depairted out of this
life att Leith, whille he was prisoner with the English garesone ther.
His corps were brought over to B-ossee in Fyffe. In April following
his estate was sequestrat by the English, and a fyft pairt of it allotted
to his lady yearlie."

There is another account of Sir John Brown's last battle, given by a
contemporary, John Nicoll, Writer to the Signet, in his Diary, printed
for the Bannatyne Club. After mentioning that the King and his army

40 HISTORY OF THE FAMILY OF

advanced from Stirling, and encamped at Torwood on the 28th of June,
he accuses them of losing many fair opportunities of overthrowing the
English, then posted about Stirling and Falkirk.

The invaders left their tents and huts standing, and on the 17th,
18th, and 19th of July crossed to Inverkeithing. When this was made
known in the royal camp, " Our airmy come bak to Sterling, and marched
neir to Dumfermling ; a?id haiffing halted thair, Hoburne was imployed
with sum hors to marche, and ane great number of fute, to go on upone
the enymie. M'Clayne of Dowart, with fyve hundreth of his sodgeris,
and sindrie utheris of the fute companeis, went on curagiouslie, and
luiking that Hopburne sould haif assisted thame with thair hors, they
were deceavit, for the hors nevir went on for thair help ; and so the
Englisches wan that day, and slew and deidlie woundit twelff hundreth
fute and twa hundreth hors, among quhome Colonell Quhitslaid, of the
name of Scott, wes killed, Sir Johne Broun takin prissoner, and the hale
name of M'Clayne destroyed, being all gallant men and able, passing the
number of fyve hundreth men at leist, thai and thair followeris."

The author of the Account of the Clan Maclean says, that Sir Hector
Maclean, after Holburne's retreat, urged the Laird of Buchanan and Sir
John to continue the battle even with the small force they had. " Sir
John Brown remarked that they were engaging their enemies not only
under great numerical disadvantage, but the position of the rebels was
another important advantage they had over them." Maclean led his
followers to destruction, as they were surrounded by Lambert's larger
force, and it is said that along with him, and many gentlemen of his name,
there fell about 750.

" Sir John Brown, with about 200 cavalry and two battalions of foot,
had to withstand the whole weight of the enemy's right, and was there-
fore unable to afford any relief to Sir Hector. Borne down by numbers
after repeated conflicts, in which they behaved with honour, and suffered
severely, Sir John's division took to flight, leaving their gallant leader
prisoner in the hands of the enemy, and mortally wounded."

Sir George Buchanan, who was Colonel of the Stirlingshire regiment,
was also taken, and died a prisoner.

Sir FRANCIS WILLOUGHBY.

♦ ♦♦

• ♦ ♦ ♦ <

Or, fretty azure.

{Book of Funeral Escutcheons in the Lyon Office!)

SC01I 4 f LftCUSON EDIUP^RCH

BROWN OF FORDELL. 41

While Sir John was a prisoner, " Cromwell and Lambert advanced
with their troops to Perth, and lay one night at Fordell, about six miles

from Perth, and drove in their horses among General Brown's standing

" i
corn.

The real date of Sir John's death was 1st September, according to
the Commissariot Register of St. Andrews. He left no will, and John
Oliphant, resident in Dysart, was confirmed executor-dative, 2d Decem-
ber 1654. Sir John married first Isobel, daughter of David Murray
of Balgonie, Kippo, and Byn, county Fife, and sister of Andrew, Lord
Balvaird. She died without issue within a year and a day of their
marriage, when her tocher of £7000 was repaid to her brothers.

Lady Brown, who was kinswoman of her husband, was elder daughter
and co-heir of Sir James Scott of Rossie, in the parish of Collessie, county
Fife, by Antonia (or Antonetta) his wife, daughter of Sir Francis
Willoughby, Governor of Dublin Castle, of the family of Willoughby of
Belouersby.

Their contract of marriage, dated 11th February 1648, a lengthy
and curious deed, is given at length among the proofs. Sir John is to
infeft his future spouse in 2000 merks yearly from his lands of Culfargie,
Carie, Heltoun, and Mill of Fargies ; but if Rossie be not redeemed from
them she is to renounce 500 merks, and draw £1000 only. He binds
himself to settle the said lands, and also Easter and Wester Fordell,
Blairstrowie, Cottounes, Pareis, etc., lands and barony of Dewglie, Mill
of Arngask, teind sheaves of Dewglie, and an annualrent of £11,
Is. 8d. from the barony of Glammis, in favour of the heirs to be pro-
create of the marriage, whom failing, on his nearest and lawful heirs-
male and assignees ; if there be only daughters of the marriage, then
the heir-male born of another spouse is to redeem the said lands by pay-
ment, if there be one, of 20,000 merks ; if two or more by payment of
27,000, the eldest to have 10,000, the others the remainder equally
among them when they attain the age of fifteen, or if married, if either
parent is dead, if not, at the first term after such death ; also to educate
and entertain the daughters honestly and virtuously, according to their

1 MS. Diary of a Citizen of Perth.
F

42 HISTORY OF THE FAMILY OF

rank and degree. Sir James Scott resigns the lands and barony of
Rossie, etc., in favour of Sir John Brown and Mary Scott, and the longest
liver in conjunct fee, and of the heirs to be begotten betwixt them; whom
failing, to her heirs by any other husband ; whom fading, to her sister-
german Anna Scott ; whom fading, to Sir James and his nearest and
lawful heirs, etc. Sir John is to pay the said Anna Scott 20,000 merks
when she at tarns the age of fifteen, or on her marriage, if she marry at
an earlier age ; if she die chddless within a year and a day of her mar-
riage, then her father and Sir John are to be free of all payment to her
heirs, executors, or assignees. Sir John is taken bound to pay to any
other daughters Sir James Scott may have, if one, 10,000 merks; if
more, 6000 to each, and to educate and entertain them honestly and
virtuously, according to their degree, after the death of their father.
Sir James reserves his own liferent of the lands, and to his wife, Dame
Antonia Willoughby, her liferent of certain lands and an annualrent.
Rossie is to be redeemable by any son to be born hereafter to Sir James
Scott on payment of 27,000 merks, but such son is to repay anything paid
by Sir John to the daughters, etc. Sir James is to receive his son-in Jaw,
daughter, and their bairns and servants in family with himself so long as
they can agree to live together, and pay them 500 merks yearly "for
kieping of thair purss ; " if they separate he is to allow them 1000
merks yearly. Lastly, Sir James, having in 1639 had a gift of a pension
of 1000 merks for the lives of himself and his spouse, Lady Scott makes
over to Sir John Brown her right to this during her widowhood, but if
she survive her son-indaw it is to revert to her.

Sir James Scott, who had been a Colonel in Germany, in the service of
Gustavus Adolphus of Sweden, and Governor of Riga, and was Quarter-
master-General of the army of Charles I. and gentleman of his Majesty's
bedchamber, purchased Rossie from the famdy of Bonar in 1630. On
29th December 1627, there is a grant of pension to him for life ; and on
29th June 1639, a grant of pension of 1000 merks to him and his wife
for life. He had a Crown charter of the barony of Rossie, 29th October
1639, ratified by Parliament 1641. He was a younger son of Sir
WUliam Scott of Balwearie and Isabel, daughter of Patrick, Lord

BKOWN OF FORDELL. 43

Lindsay of the Byres. Lady Brown's only sister, Anna Scott, married
in 1653 Sir Robert Montgomerie of Skelmorlie, county Ayr, Baronet,
and is represented by the Earl of Eglinton.

Sir John's widow was allowed a fifth part of her husband's seques-
trated estate, and the following extracts from Lamont's Diary give par-
ticulars of her second and third marriages : —

" 1654, Apr. The laird of Collernie younger, in Fyfe, rnaried the
laird of Rossie's daughter (formerlie Sr Johne Browne's lady). They
were maried in Leith by Mr. Johne Stirling, minister of Edenbroughe.
David Barclay of Collernie (her father-in-law) died Feb. 1663.

" 1667. About the end of May, or the beginning of June, the laird
of Rowallan, a west cowntrey gentleman, maried the Lady Collerny
younger, formerly the deceassed Sir John Brown's lady ; and the laird
of Dalape younger, a west cowntrey gentleman, also maried hir only
dawghter to the said Sir John Brown, heretrix of Rossy, in Fyff'e.
Remember both the mother and dawghter were contracted att one tyme
att Edb., and both proclaimed att one tyme in their parish church of
Monemeall, and both maried att one tyme in Edb."

She died in 1706, and was interred on the 9th of August in the
Greyfriars' Churchyard, Edinburgh. By her third husband, William Mure
of Rowallane, who sat in Parliament for the county of Ayr, she had one
daughter, Jean, Countess of Glasgow, represented by the Earl of Loudon.
There was at Rowallane a portrait of Sir John Brown.

Of her second marriage was born, John Barclay of Colairny, in the
parish of Dunbog, county Fife, whose daughter and heir, Antonia,
married in 1717 Henry Stewart, second son of Sir James Stewart of
Goodtrees and Coltness, Lord Advocate of Scotland, who assumed the
surname and arms of Barclay.

On 9th March 1682, John Barclay presented a petition to the Privy
Council, stating that his nephew, Thomas Barclay, aged eighteen, in posses-
sion of an opulent estate and considerable jurisdiction in his county, whose
predecessors were loyal, was, by the marriage of his mother to Mure of
Rowallane, in the way of being " bred up in a family of fanatical and dis-
loyal principles, not being permitted to be acquainted with or visit his

44 HISTORY OF THE FAMILY OF

nearest relations or friends, and denied all manner of education suitable
to his quality." Decided that he was of age to act and choose curators
for himself; they were Montgomery, younger of Skelmorlie, the laird of
Dunlop, and Mr. John Stirling, minister of Irvine.

XIV. John Brown of Fordell and Rossie was born after the death of
his father, and died in childhood, titles to the estate, which was under
sequestration, never having been made up in his name. His kinsman and
nearest heir-male, David Brown of Fin mount, was served tutor to him
1st August 1654.

Sir John had died heavily in debt, and in 1653 there was an apprizing
of the lands of Easter Fordell, Blairstruie, Cottons, etc., from his son
John, his tutors and curators, and others having interest, at the instance
of Dame Anna Scott, Lady Skelmorlie, and Sir Robert Montgomerie,
Knight, her spouse, for the sum of 26,000 merks, being probably her
tocher ; and the following year another apprizing for 7860 merks at the
instance of the deceased John Brown, brother- german of Robert Brown
of [blank in the record].

On the death of John the estates passed to his sister, and the male
representation of the Fordell family to Captain David Brown of Fin-
mount. He was alive in August 1654, but dead in November, when
Antonia is sued by her mother, Dame Marie Scott, spouse of Robert
Barclay of Colairny, for her annuity of 2000 merks out of the lands of
Weddersbie.

XIV. Antonia Brown of Fordell and Rossie, probably born in 1649,
succeeded her brother in 1654. She raised an action for aliment against
her mother, in which she was successful (Brown v. Scot, 9th January
1666, Stair I. 1318). She married, in May 1667, Alexander Dunlop of
that Ilk, county Ayr, head of a family seated on the lands from which
they took their surname from the middle of the thirteenth century
till the sale of the estate by the late Sir J. Dunlop, Baronet, and
bearing for arms, argent an eagle displayed with two heads gules. They
sold Rossie in 1669 for 86,000 merks to James Cheape of Ormiston,

DUNLOP OF THAT ILK.

(County Ayr.)

Argent, an Eagle displayed with two Heads gules.

(Lyon Register.)

SCOTTi TERCUSON EDINBURGH

BROWN OF FORDELL. 45

advocate, whose descendant, Harry Cheape, sold it early in the present
century, and it now belongs to Mr. Johnston of Lathrisk. Antonia
Brown was served heir-special to her father in the barony of Ptossie 1st
August 1661. She presented a petition with regard to the settlement of
her father's affairs : —

" To the Commissioner's grace and honorable Estaits of Parliament
the humble petitione of Antonia Browne, only daughter and
heir serveit and retourit to Sir John Browne of Fordall, Knight,
and Sir James Scott of Possie, Knight, David Browne of Fin-
monthe, and Andrew Lundy of Carrie, Tutors testamentars to
hir for hir entress ;
" Sheweth, —

" That wher the said Sir John Browne having deceist in his Majesties
service, and considerable debts and burdings equivalent to Iris estait, and
the petitioners therupon having meanet themselfes to the lait Judges
craving that they might be authorized and warranted to dispone upon
the said Sr John his lands and estait for defraying and paying his debts
and burdings, they therupon granted commissione to the Shirreffe of
Fyff for the tyme, impowring him to cognosce and tak up Inventar of the
said Sir John his debts, togither with a rentall of his estait ; and what
they sould find therin, to report to the saidis Judges ; which was accord ~
inglie reported, as the said commissione and report radie to be producit
will testifie : But be the stopping of the courts of Justice the said report
was not taken in nor approven, nor any furder procedor maid therin : And
since be the delay the minor will be heavielie prejudged and hir estait
lyklie to ruin, the debts still increscing by rening on of annualrents,

" May it therefor please the Commissioner's grace and your lordships
to ratify and approve of 'the said Report, And to grant power and
warrant to the saids tutors, to sell and dispone upon the said
Sir John, his lands and estait, to any persone or persons for pay-
ment and defraying of the saidis debtis and burdings, and accord-
ing to the worth and valew of the saidis lands alreadie cognosceit
by ane Inquest in persuance of the said commissione : And that

46 HISTORY OF THE FAMILY OF

your grace and honors wold interpone your authoritie to all the
dispositions and sales that sail be maid of the saidis landis for
payment of the saidis debts in tyme coming, and the petitioner
sail ever pray."

" Edr. 18 Apryll 1661.

" The Lord Commissioner and Lords of the Articles having heard the
petition abovewrittin, It is their opinion That the Estaits may grant the
desyre of the bill."

"Edr. 19 Apryll 1661.
"The Lord Commissioner and Estaitts of Parliament doe heirby give
Warrand and Commission to the tutors abovespecifiet, to sell and dispone
such lands as they shall find necessar for payment of the petitioners debts,
and remitts & recommends to the Lords of the session to approve the
said sale and dispositions, and interpone their auctoritie theirto.

Glencairne Canllrius-
I. P. D., Par."

The barony of Weddersbie adjoining Rossie, and comprehending the
lands of Weddersbie, Pitlair, Pitlochie, Woodhead, Bowhouse, &c, in the
parishes of Collessie and Strathmiglo, was apprized by James Arnot of
Ferny, Sir Robert Montgomerie, John Broun in Kirkcaldy, and others.
Besides the apprizings against the Fordell estate already mentioned,
there was one in 1668 against Antonia and her husband Dunlop, by
William Hamilton of Wishaw for 28,165 merks, and another in
1669 for 30,688 merks, at the instance of Alexander Crawfurd, son
of John Crawfurd, elder of Crawfurdland. The rights to all these
having been acquired by William Hamilton of Wishaw, writer in
Edinburgh, ancestor of Lord Belhaven, under dispositions from the
apprizers in 1668 and 1669, he had the Crown charter of 8th Decem-
ber 1650, in favour of Sir John Brown, ratified by Parliament in his
favour 1669, December 23 ; and had on the 3d September of that year
a charter of apprizing from Henry, Bishop of Dunkeld, of the lands of
Easter Fordell, with the mill, Blairstruie, and Cottons, with the tower,

BROWN OF FORDELL. 47

fortalice, manor place, etc., all lying in the barony of Dunkeld and shire
of Perth, to be holden of the Bishop for a payment of 40 merks
yearly in name of feu-ferme and three suits yearly to the three head
courts of the barony of Dunkeld. Weddersbie passed by sale from the
Hamiltons after they had held it for several generations, and is divided
among Messrs. Johnston of Lathrisk, Leburn of Pitlochie, Philp of
Nether Pitlochie, Misses Walker of Pitlair, and others. The estate of
Fordell was sold in 1691 by William Hamilton of Wishaw to James
Craigie, younger of Dumbarnie, and in 1754 by John Craigie of Dum-
barnie, advocate, to Messrs. David and Adam Low ; the descendants of
these gentlemen now hold most of it in various portions. The heirs of
Adam Low Wardlaw, descended from the marriage in 1802 of the only
daughter of Adam Low of Fordel to Captain John Wardlaw, possess
Easter Fordel.1 Mr. Arthur Burt is owner of Fordel, Abbot's-Deuglie,
Wester-Deuglie, and Lochellbank ; Blairstruie belongs to Mr. William
Henderson. Other parts of Fordell have been sold. The landed property
held by Sir John Brown now yields a rental of over £12,000 per annum.
The lineal descendant of Antonia Brown, and representative of the
Fordell family is Lieutenant-Colonel William Thomas Francis Agnew-
Wallace (styling himself Sir William Wallace, Baronet) of Lochryan,
county Wigtown. He quarters the arms of Brown, and possesses one
relic only which has descended to him from that family ; it is the Bible,
handsomely bound and with silver corners and clasp, of Antonia, lady
of Dunlop, with her autograph.

Antonia married secondly Mr. David Dickson, M.D., brother of Sir
Robert Dickson of Sornbeg, Ayrshire, and of Inveresk, Carberry, and
Corstorphine, in Mid-Lothian, Baronet, and had —

Robert Dickson, baptized 29th May 1696. Among the witnesses
were John Dunlop of that Ilk, half-brother of the infant, and
George, Viscount Tarbat. The mother must have been about
forty-seven.

1 Several members of the family of Low were of Fordell, Provost of Dunfermline, died 1S17,
remarkable for their skill as bone-setters, and aged 84.
' exercised this power without charge. Adam Low

HISTORY OF THE FAMILY OF BROWN OF FORDELL.

The Register of the parish of Arngask is not extant before the
year 1688, but fortunately other sources supply most of the proofs
required for a complete account of the last generations of the family
seated at Fordell. There are no monuments to any of the Browns at
Arngask, and no dates, initials, or arms to be seen on the ruins of
the castle of Fordell, in which it is said that Oliver Cromwell passed
a night on his way to Perth.

BROWN OF FINMOUNT.

XI. David Brown of Finrnount, younger son of the third laird of
Fordell, had a feu-charter of Finrnount from the Commendator of Dun-
fermline, 10th April 1588, and a charter of confirmation from the abbot
of his lands of Finrnount, 8th January 1594. On the 26th February 1596
he was served tutor to his niece, Elizabeth, daughter of John Brown,
younger of Fordell. He had a tack, dated 20th January 1607, of the
teinds of Finrnount from the Abbot of Dunfermline.

David Brown married first (contract 28th February 1587), Elizabeth,
daughter of Allan Coutts, senior of Grange, and Isabella Bothwell, his
wife, of a family of some standing in the west of Fife, which possessed
Pitteuchar, near Finrnount, Grange, Balbougie, Wester Bossy tb, and
other estates, and intermarried with the Boswells of Balmuto, Bruces of
Blairhall, Melvilles, Prestons, etc. Arms, argent a hart's head erased
gules a pheon azure between the tynes ; but, according to Sir James
Balfour, azure a stag's head erased argent.

David Brown and Elizabeth Coutts, his spouse, had a charter, of
date 14th June 1599, from Mr. Bobert Wilkie, prior of St. Servanus, and
Principal of the College of St. Leonard's, with the other regents and
members thereof, of the lands of Boallie, in the barony of Kirkness and
shire of Fife, which they had previously held of the granters in feu-ferme ;
and, on 23d June thereafter, they received a Crown charter of confirma-
tion thereon. They had issue —

1. Robert.

2. David of Vicarsgrange, in the parish of Kinghorn, county Fife,

married Katherine, daughter of John Inglis, of the family of

50 HISTOKY OF THE FAMILY OF

Kingask, servitor to Sir George Erskine of Innerteil. There is a
Crown charter of confirmation, dated 13th November 1630, of
the Kirklands of the vicarage of Kinghorn Easter, to David, son
of David Brown of Finmount, and Katharine Tnglis, his spouse,
proceeding on a charter of sale by Sir George Erskine of Inner-
teil in their favour, dated 13th July preceding. On the 12th
January 1633, they had sasine of the lands of Westergrass, near
Kinghorn. On 14th January 1643, John, Earl of Kinghorn,
assigns a tack of the teind sheaves of the parish of Kinghorn
Easter, held for an annual payment of £100, 13s. 4d., to David
Brown and his heirs. He died in May 1643, and his widow in
March 1648. By her will, dated the 1st of March, she makes
her son, John, and her daughter, Christian, her executors and
universal legatees, and appoints Robert of Finmount and his
brother, John, aftei'wards of Vicarsgrange, tutors and overseers.
They had issue —

David Brown, of Vicarsgrange, who had sasine of that
property as heir of his late father, David, on 22d July
1648, and died without issue, April 1651.
John Brown of Vicarsgrange was served heir to his brother,
David, in Vicarsgrange, 29th May 1655. In July 1659
he disponed his estate, under reversion, to his uncle,
John, and, having no children, resigned the fee of the
property, retaining the liferent, in favour of his said
uncle, on 23d November 1663. John was one of his
mother's executors.
Christian, married John Bruce of Wester Abden, in the
parish of Kinghorn. He was a cadet of the Earlshall
family, and bore for arms, Or, a saltire gules on a
chief of the second, three fleurs-de-lis of the first.
On 20th January 1652, David Brown of Finmount
granted a bond for 4000 merks to Christian, sister of
John Brown of Vicarsgrange. upon which she and her
husband, in June 1658, apprized Finmount and other

BROWN OF FINMOUNT. 51

lands. John Bruce died in November 1690, leaving two
daughters. The younger, Elizabeth Bruce of Wester
Abden, died unmarried before 26th January 1692 ; and
Margaret Bruce of Wester Abden, who married George
Boswell, Major of Horse, brother of David Boswell of
Balmuto, left a daughter, Margaret Boswell, who mar-
ried William Hamilton of Grange, county Linlithgow,
and died in June 1710. Her son, George Hamilton
of Grange, succeeded to Wester Abden and all the
property of his grand-aunt, Elizabeth Bruce ; and the
representation of the Browns of Vicarsgrange vests in
his descendants, if any exist.
Katherine, baptized 1643, probably dead before her mother.

1. Isobel, married James Boswell of Easter Lochgelly, county Fife,

younger son of Sir John of Balmuto. Charter to them, 1630.

2. Catherine, married (contract dated 16th August 1619) Henry

Wemyss of Fudie, in the parish of Dairsie, county Fife, younger
son of Sir David Wemyss of that Ilk, and Cecilia, daughter of
William, Lord Buthven. Arms quarterly, first and fourth, or,
a lion rampant gules ; second and third, argent, a lion rampant
sable ; all within a bordure countercomponee or and gules.
Elizabeth Coutts, Lady Finmount, died at Fordell in August 1601,
and her four children were confirmed executors-dative by the Commis-
sary of Edinburgh 12th December, their uncle, Mr. Robert Brown of
Pitkenny, being cautioner.

David Brown of Finmount married, secondly (contract, 5th March
1602), Margaret, daughter of John Murray of Tibbermuir, county Perth,1
and had by her, who died in August 1606, an only child —

3. James, who was confirmed executor-dative to his mother by the

Commissary of Edinburgh 20th December following, Sir Walter
Dundas of that Ilk being his cautioner. On 23d August 1626,
a Crown charter of confirmation is granted to David Brown of

1 Descended from Alexander, fifth son of Sir David Murray of Tullibardine (ancestor of the Dukes
of Atliole). living 1414-45.

52 HISTORY OF THE FAMILY OF

Finniount in liferent, and his son, James, legitimately begotten

between him and his late wife, Margaret Murray, and the heirs

of his body in fee, of an annualrent out of the lands of Lundin,

granted in June preceding by John Lundin of that Ilk. James

was dead without issue 1641.

David Brown married, thirdly, before May 1611, Agnes, daughter

of Sir William Scott of Balwearie and Janet Lindsay of Dowhill, and by

her, who died 27th February 1614, had one daughter —

3. Agnes, who married, 28th December 1637, Mr. Gilbert Clark of

Pitteuchar, in the parish of Kinglassie, a younger son of Sir

Alexander Clark of Pittencrieff, by Mary Primrose, his wife,

who died in June 1653, leaving a large family by her. Mr.

Gilbert Clark was of the family of Clark of Balbirny, which

intermarried with Bruce, Lord Kinloss, Brodie of Lethen,

Alexander of Skeddoway, Ayton of Ayton, Bethune of

Balfour; his father, who acquired Pitteuchar in 1630, was

Lord Provost of Edinburgh, as was his grandfather, who also

represented the city in Parliament.

David Brown of Finmount had a Crown charter of confirmation,

30th August 1630, following a sasine, dated the 2d of that month, of an

annualrent out of the lands of Seafield, in the parish of Kinghorn, to him

and Agnes, the only daughter legitimately begotten between him and his

deceased wife, Agnes Scott. An annualrent out of the lands of Lundin

was also acquired by them in 1626, and confirmed in the Crown charter

of that year previously quoted. He married a fourth wife, Johanna-,

daughter of James Macgill of Rankeillour, in the parish of Collessie,

county Fife, son of Mr. James Macgill, Clerk of the Register, and Janet

Adamson, his wife. This lady was sister of Lilias Macgill, wife of her

step-son, Robert Brown of Finmount, and through her mother Jean,

daughter of Sir David Wemyss, was niece of Henry Wemyss, who

married her step-daughter, Catherine Brown.

By this lady, David Brown had five children, all named in a sasine,
dated 2d August 1630, to him and his said wife, of an annualrent out
of the lands of Seafield, on a charter by Sir George Erskine of Innerteil.

BROWN OF FINMOUNT. 53

4. John of Vicarsgrange, in which he succeeded his nephew as

already stated, married Christian Hamilton, and died 15th
November 1678. They had issue —

John, baptized 5th November 1667, died before his father.

Isabel, baptized 20th October 1669, died before her father.

Margaret, born 19th August, and baptized September 1670.
She and her sisters, Christian and Katherine, all
unmarried, were served heirs-portioners special to their
father in the Kirklands of the vicarage of Kinghorn
Easter, with the glebe and manse, 13th March 1694,
and heirs-portioners general to their mother, 31st
March 1704.

Katherine, co-heiress of Vicarsgrange.

Christian, baptized 26th November 1672, co-heiress of
Vicarsgrange.

5. Alexander is a witness in May 1638 to a deed a,t Finmount ;

was dead June 1642, apparently without issue.

6. George (Mr.) alive 1642, resident at Balbirnie in 1669.

4. Lilias.

5. Margaret, married, in 1646, Thomas Alexander of Skeddoway, in

the parish of Dysart, county Fife, representative of a family
seated there from the middle of the fifteenth century, and
bearing for arms, parted per pale argent and azure a cheveron,
and in base a crescent counterchanged. Lamont mentions her
death : " 1654, Agust 16, Margret Broune, Thomas Alexander
of Skedowey in Fyfe, his third lady, depairted out of this
life at Skedowey, within some hours after she was brought
to bed of a son. She was interred at Kingglassy the 1 7 of
Agust."
The laird of Finmount died in October 1639, and his widow in Sep-
tember 1667. " The old Lady Finmont in Fyffe, being about 78 yeirs of
age, depairted owt of this life att Finmont, and was interred att the
church of Kinglassie, the 13 of Sept. 1667, in the day tyme." 1

1 Lamont's Diary.

54 HISTORY OF THE FAMILY OF

XII. Robert Brown of Finmount was served heir to his father
in an annualrent of £100, out of the lands of Durie, 12th June
1641.

In 1648 he was named a member of the Committee of War for the
shire of Fife; was ruling elder of the parish of Kinglassie 1640, 1645,
1651. He and his wife Lilias, daughter of James Macgill of Rankeillour,
had sasine of the west half of Finmount, 23d March 1620. They had
issue —

1. David.

2. Mr. James.

3. Robert, " son of the Laird of Finmont," is a witness in 1642. He

married Christian Seton, and was dead 9th March 1687,
when his son Alexander was apprenticed for five years to
"William Erskine, surgeon in Edinburgh ; there was also a
daughter Margaret, who died young.

4. John, to whose baptism, in July 1630, his kinsman, John Brown

of Fordell, was a witness ; his name appears frequently in the
registers of the parish of Kinglassie as a witness 1661-1674, as
" brother of the land of Finmont."

1. Annabel, baptized 5th October 1628, Mr. Robert Aytoun of

Inchdairnie being a witness.

2. Margaret, married, 22d March 165 9, Robert Shoner of Caskie-

berrian, in the parish of Kinglassie, and had issue. He was

eldest son of Mr. James Shoner of Caskieberrian and Anna

Forbes ; his paternal grandmother, Christian Gibson, was widow

of Sir Robert Dennistoun, Lord Conservator of the Scottish

Privileges at Campvere.

It would appear from a case as to teinds, reported by Lord Durie,

that Robert Brown must have had a second wife, a daughter of Gourlay

of Kincraig, county Fife, 1629. The kirk-session records of Kinglassie

contain the following reference to him : — " 6 Dec. 1650. The laird of

Finmount was desired to enquire whilk of his plowmen in Redwalls it

was who on Mounday last was heard swering fearfully while he was at

his pleugh." And Lamont thus chronicles his death : — " 1651, Dec. The

MACGILL OF RANKEILLOUR.

(County Fife.)

Gules, three Martlets argent.
(Lyon Register, 1672-1678.)

BROWN OF FINMOUNT. 55

old laird of Finmount in Fyfe (surnamed Browne), depairted out of this
life att Finmount, and was interred the 12 of Decemb."

XIII. Captain David Brown of Finmount, probably born 1618, was
made an elder of the parish of Kinglassie, in February 1652, in place of
his father deceased.

On 14th February 1654, he was served heir-special to his father
Robert in the west half of the lands of Finmount, and to his grandfather
David, in the east half of the same, and in the town and lands of Royallie,
on the south side of the water of Leven, within the barony of Kirkness.

Captain Brown was next heir-male of the Fordell family, and as such
was, on the 1st August 1654, served tutor to the posthumous son of Sir
John Brown. On the death of the boy in minority, he became head of the
family. This service should be particularly noticed, as it effectually disposes
of the claim which has been set up by two separate families to descend
from Sir John Brown of Fordell. It is alleged that his "sons became
tenants on the estate possessed by their ancestors," and left descendants.
Sir John never had but one legitimate son, John, born after his father's
death, who died young : to that son, David Brown of Finmount was, by
the Sheriff of Fife and a jury, on which Wemyss of Fudie, Macgill of
Rankeillour, Bethune of Bandon, and other near relatives of the parties
sat, at Cupar, found to be nearest of kin on the father's side. Antonia
Brown, as already shown, became heiress of what remained of the property
on the death of her brother, and it is beyond question that all legitimate
male descendants of (XL) John Brown, younger of Fordell, are extinct.

On 1st November 1775, Robert Brown, to whom no further desig-
nation is given than son of Robert Brown in Nether Cairnie, was served
heir-male-general to his great-granduncle, Sir John Brown of Fordell.
This seems an unaccountable step, supposing the pedigree, the links of
which are not given, to be correctly stated. There could be no claim to
property, and I can only suppose that the service may have been expede
with a view to the assumption of a supposed baronetcy. Nether Cairnie
is a farm in the parish of Forteviot. On 22d March 1740, Margaret
Anderson, wife of Robert Brown there, sister and one of the four heirs-

56 HISTORY OF THE FAMILY OF

portioners of William Anderson, portioner of Kintillo, deceased, had
sasine of an undivided fourth of the 18s. land of Kintillo. This Robert
Brown (who was probably son of another Robert Brown in Nether
Cairnie, who had a daughter, Mary, baptized in 1720) had the following
children : — 1. Alexander, born 1748 ; 2. Elizabeth, born 1750 ; 3. Henry,
born 1752; 4. Robert, born 1754; 5. William, born 1756. Robert, the
fourth, but apparently eldest surviving son, was the person served.
He is probably identical with Robert Brown in Woodhead, who married
Margaret Allen, and had a daughter, Margaret, baptized at Forteviot
1778.

Captain Brown had an illegitimate daughter, Tsobel, baptized April 6,
1651, and probably another, Grizel Brown, for whom he was cautioner at
her marriage to George Dow, in 1672.

In the Session records of Kino-lassie occurs this notice of the laird
of Finmount : "On 11th March 1655, compeired David Brown of Fin-
mounth, and confessed the child which Catherine Anderson had in her
womb was his."

In 1661 an Act and Decreet was passed in favour of William, Duke
of Hamilton, for 60,000 rnerks, against James Campbell of Ardkinglass,
Captain Broun and his brother, and others, for ravaging his property in
the island of Arran in March 1646, and carrying off or killing 2000 head
of cattle. The Browns did not appear.

In 1680 the laird of Finmount was prosecuted, along with other
heritors in the shire of Fife, for absence from the King's host in 1679,
but acquitted on the plea that he was past sixty years of age.1

In 1683, Mr. Matthew MacKaile, advocate, writes to Sir Robert
Sibbald of Kipps, M.D., "The laud of Pitlour gave me two pieces of
lead, one of which seemeth to be very rich. The mine where it was
found belongs to Brown of Finmount, in a ground of his upon the water
of Ord, within three miles of Kirkaldie."

On 22d January 1689, sasine was given to Alexander Dunlop of
that Ilk, of the lands of Phinmonth and Reidwalls, with the manor place,
etc., lying in the parish of Kinglassie and regality of Dunfermline. This

1 Howell's State Trials.

BROWN OF FINMOUNT. 57

sasine proceeds on Crown charter, and narrates that the lands formerly
belonged to the deceased David Broun of Phin month, heritably, and were
apprized from him at the instance of Marion Davidson, relict of James
Broun, surgeon, Edinburgh, James Melville, merchant there, and Margaret
Broun, his spouse, who afterwards resigned the lands in favour of the
late Andrew and Katherine Young, children of the deceased Andrew
Young, merchant, burgess of Edinburgh, to whom a Crown charter of
the lands was granted on 9th August 1662 ; and afterwards the said
Andrew and Katherine Young disponed the said lands to William
Hamilton of Wishaw, who again disponed them to Sir James Mont-
gomerie of Skelmorlie, by whom they were assigned to the said
Alexander Dunlop. It seems probable that the later transactions thus
recorded, being between relatives, were intended for the benefit of the
laird of Finmount, by preserving the estate in the family.

In June 1697, a process of apprizing of the lands of Royallie was
ratified in favour of Adam Jardine of Greenhill.

Captain David Brown died on 27th August 1702, at a great age, and
was succeeded by the eldest son of his brother James.

XIII. Mr. James Brown was chaplain to his kinsman, David,
Earl of Wemyss, and was ordained minister of the parish of Calder-
Clere or East-Calder, now united to Kirknewton, on 9th June
1665.

In May 1688, Lamont says, " Mr. James Brown, a son of the howse
of Finmont, leatly chaplen to the Er of Weyms, and att this tyme
minister of Cadir in Lowthian, nire to Hatton, abowt night abowt the
number of 12 persons, some disguised and some not, came to his howse,
and fownd him withowt doores, and strack and wounded him most
rigorowsely ; cawsed liim give his money, being 11 or 12 dollars, and
att paixting ofered to pistoll him ; and withall cawsed him sweare and
give oath to them that he sowld never preach againe any more in that
church ; which oath he confessed he gave." On the 30th July the Privy
Council ordered the robbers to be prosecuted. He was continued 6th
December 1682, but had ceased to hold the charge in 1689. He married

58 HISTORY OF THE FAMILY OF

at Edinburgh, 16th June 1675, Helen Douglas, believed to be of the
family of Douglas of Pompherstoun. They had —

1. George, born 1676.

2. (Mr.) John, born 1677.

1. Jean, married, 30th September 1709, Charles Anderson, at Kin-
glassie, her brother, George of Finmont, being her cautioner.

Mr James Brown died in February 1691.

In the library of the Faculty of Advocates there is a MS. volume
with the title, Jacobi Bruni Adversaria. It contains letters, poems,
epitaphs, anagrams, and miscellaneous papers. Mr. Maidment has
printed a few extracts in his Analecta Scotica, the first being "The way
and manner of the consecration of the Scottish Bishops at Westminster,
December 15, 1661 ;" it ends, "All this is testified by one who was ane
eye witnesse." The earliest epitaph is on Lady Margaret Campbell, wife
of John, Lord Bahnerino, who died 9th Kal. Jan. 1665. Unfortunately,
the writer in most cases omits the name of the persons to whom his
letters are addressed. They treat of theology, science, and classical
literature, and contain few allusions to passing events or family matters.
The writer was a decided Presbyterian, and is not complimentary to the
bishops. In 1672 begins a series of letters addressed to Sir Robert
Sibbald, whom Broune calls "my prince of friends," and for whom he
collected plants and information, and also transcribed his work on
natural history. Sir Robert calls him " well seen in the Latin, Greek, and
Hebrew tongue." Mr. James Broune seems to have been much absent
from his parish, as many of the letters are from Edinburgh, some from
Monimail, some from Linlithgow. In one to John Flint, student in
Edinburgh, on his studies, he says, " My wife and co-disciple salutes
thee. Vale mi Johanne. JDatam Calderce quce occidentalis dicitur, 5 Cal.
Feb. 1680." There is an acrostic to his much-loved friend, Mr. David
Williamson, who died at Calder 16th February 1680, and who was
probably a son of the minister of St. Cuthbert's. There is a paper in
praise of the family of Craig of Biccarton, his neighbours, and an
acrostic on the death of Lewis Craig, 4 Cal. Feb. 1681 ; a panegyric,
1667, "Of the Indian Perfume Tobacco." Lastly, he writes, 6 Cal.

DOUGLAS OF POMPHERSTOUN.

(County Edinburgh.)

Ermine, on a chief gules two Mullets argent between two
Fillets compony argent and azure.

(MSS.)

■

BROWN OF FINMOUNT. 59

Feb. 1690, "from his sick bed," to the ministers in and around Edin-
burgh, exhorting them to faithfulness. This was in the year before his
death.

XIV. George Brown of Finmount succeeded to the estates, heavily
burdened, on the death of his uncle, Captain David Brown, in 1702 ; his
special service, cum beneficio inventarii, is dated 14th December 1705,
and his sasine of Easter Finmount the 25th of the same month. He sold
the estate to William Kelso of Dankeith, W.S., by disposition dated at
Eciinburgh, 13th March 1711.

The Kinglassie Register contains no entry of George's marriage ; and
the Registers of the Commissariots of St. Andrews and Edinburgh have
been fruitlessly searched for his will. He had at least three children
baptized at Kinglassie, but the name of the mother is not given —

1. David, bom 1st, baptized 4th, January 1711.

1. Anne, baptized 4th June 1706.

2. Margaret, baptized 15th April 1708.

XV. Mr. John Brown,' baptized at Edinburgh, 1st May 1677.
Graduated at the University there, 25th June 1697; licensed by the
Presbytery of Linlithgow, 4th October 1699 ; called to the parish of
Abercorn, county Linlithgow, 30th January 1700, and ordained 20th
March following. He was offered, and declined, the second charge at
Linlithgow, and in 1714 was on the leet for the Scotch congregation at
Rotterdam, with two eminent brethren.

Mr. Brown was a friend and correspondent of Wodrow ; and Dr.
Hew Scott, in his Fasti Ecclesice Scoticance, says that " in doctrine he
was strictly evangelical, and on sacramental occasions his church was
resorted to by the most serious Christians in the neighbourhood. His
published works are three sermons — " The Rod of God shaken over the
heads of His own Children," " On Christian Fear," " On the Song of the
Redeemed." He was chaplain to Lady Torphichen, being related to the
family through the marriage of Mary Somerville, Lady Torphichen, to Sir
William Douglas of Pompherstoun. The Calcler estate, the property of

60 HISTORY OF THE FAMILY OF

the Lords Torphichen, embraced part of the parish of which his father
was minister.

He married, first, 20th April 1700, Margaret Henderson of Leaston,
in the parish of Humbie, county Haddington, daughter of Michael
Henderson of Croftmartine,' in the parish of Orwell and county of
Kinross, where the family were seated for several generations, and
Isobel Adam, his wife; and by her, who died 22d September 1702,
had —

1. Charles, baptized 5th May 1701, died 10th December 1703.

1. Isobel, baptized 31st August 1702, died 28th March 1703.

Mr. John Brown married, secondly, 16th April 1704, Elizabeth,
daughter of Mr. David Williamson, minister of the parish of St. Cuth-
bert, Edinburgh, and Jean, his wife, daughter of William Kerr of
Cherrytrees, younger son of Sir John Kerr of Lochtour, who represented
the county of Roxburgh in Parliament. An account of the life of Mr.
David Williamson, the " Daintie Davie" of the song, and of the family of
his wife, by the writer, are to be found in the Herald and Genealogist,
vol. vii. p. 220. Mr. John Brown had by his second wife —

2. David, born 12th May 1707, baptized on the 18th by Mr. John

Bonar, minister of Torphichen, in presence of the lairds of
Duddingstoun and Duntarvie.

3. Stephen, born 15th November 1710, baptized on the 19th by Mr.

John Wilkie, minister of Uphall, George Dundas of Dudding-
stoun being a witness. He died 10th October 1712.

4. John, born 10th June 1714, baptized on the 18th by Mr. Alex-

ander Dalgleish, one of the ministers of Linlithgow, John
Durham of Duntarvie being one of the witnesses. He died
17th April 1715.

5. George, born 19th June 1715, baptized on the 21st by Mr. James

Anderson, minister of West-Calder ; died 18th February 1716.

6. Joseph, born 11th May 1717, baptized next day by Mr. Stephen

Paton of Newlands ; died unmarried.

1 The late Michael Henderson, of Turfhills, was Convener of the county of Kinross, and died in
1 S23, aged seventy-nine.

Mr. DAVID WILLIAMSON.

Argent, a Saltire sable between a Boar's Head erased gules
in chief, and three Mullets azure in flank and base.

(Illuminated MS. by Etheringto?i Martyn in the Advocates' Library.)

Sttll ,\ I ! RCUSON i DIHBURGM

BROWN OF FINMOUNT. 61

7. William, born 19th February 1719, baptized on the 22d by Mr.

James Houstoun, minister of Kirkliston ; died 17th March
1724.

8. Robert, born 2d January 1721, baptized on the 8th by Mr.

Robert Dalgleish, one of the ministers of Linlithgow ; died
27th April 1725.

9. John, born 7th, baptized 11th, September 1722, John, Lord Hope,

being a witness ; died 6th December of the same year.
10. James, born on 17th December 1724, baptized on Christmas
Day by Mr. James Houston, James, Lord Deskford, being
one of the witnesses. A notice of his descendants will be
given.

2. Margaret, born 26th July 1705, baptized on the 31st by Mr.

John Brand, minister of Bo'ness ; married, 5th April 1730,
John Johnston, minister of Arngask, and died 8th July 1768.
After her marriage she resided in the parish where her family
had long been the chief landowners. Among her descendants
are, Helen Johnston, wife of William Henry Brown,' of Ashley,
county Edinburgh, mother of the late Lieutenant-Colonel
Robert Johnston Brown, late of the 14th Hussars ; Professor Sir
Robert Christison, Baronet, M.D. ; John Christison, advocate,
Sheriff of the county of Ayr, and Deputy-Keeper of the Great
Seal of Scotland, who married Charlotte Catherine Clavering,
granddaughter of John, fifth Duke of Argyll ; David Johnston,
• D.D., minister of North Leith, one of His Majesty's Chaplains,
and one of the founders of the Asylum for the Blind, Edin-
burgh ; the Hon. William Penney, a Senator of the Colleo-e of
Justice, with the title of Lord Kinloch ; the late Lady Keith
Murray of Ochtertyre, etc.

3. Henrietta, born 30th, baptized 31st, December 1708, married 8th

November 1730, John Tod, merchant and shipbuilder in Leith
(who died 22d September 1786, in his 82d year), and died in
1796, August 7 ; and, within a few hours, her daughter, Mrs.
Elizabeth Johnston, died, aged 61. From Mrs. Tod are

62 HISTORY OF THE FAMILY OF

descended John Parish, Baron Seftenberg of the Austrian
Empire; Horatio Nelson Ross of Rossie and Netheiiey, M.P.,
Deputy-Lieutenant, county Forfar ; Eliza Ross, wife of Laurence
Oliphant of Condie, county Perth ; Harriet Ross, wife of
William Ellice, M.P., mother of William Ellice, Esq., son-in-
law of the late Earl of Radnor ; Cecilia Charnock, wife of Sir
Daniel Keyte Sandford, M.P. ; Sir Francis Richard Sandford,
K.C.B. ; and Sir Herbert Bruce Sandford.
4. Jean, born 10th, baptized 13th, October 1712, married 15th
August 1740, Walter Gibson of Greenknowe, in the parish of
Muiravonside, county Stirling, son of John Gibson, surgeon in
Kelso, and Katherine, his wife, daughter of George Home of
Bassendean, county Berwick, and Katherine, his wife, eldest
daughter of Walter Pringle of Greenknowe, a Covenanter of
note, whose autobiography was published in 1847. Mrs.
Gibson had a large family, of whom the only survivors were
— Jean, wife of William Dalgleish, D.D., minister of Peebles,
who died s. p. in 1819 ; and Anne, who married Andrew
Cassels, merchant in Leith, and Provost of that Burgh in
1800. An account of the Cassels family and of her descendants
will be found hi Records of the Family of Cassels, printed for
private circulation by her grandson, Robert Cassels of Holland
House, Quebec. Her eldest surviving son, Walter Gibson
Cassels, inherited Greenknowe, which he sold to his brother-
in-law, David Brown ; another of her sons was the Hon.
Andrew Cassels, King's Advocate and Judge of the Admiralty
Court at the Cape of Good Hope. Walter Richard Cassels,
late a merchant in Bombay, and Member of Council there, is
her grandson ; also Andrew Cassels, a Member of the Council
of the Secretary of State for India. Mr. John Brown died
3d May 1743.

XIV. David Brown of Golf HaU, Bruntsfield, near Edinburgh, his
eldest son, was a merchant hi Edinburgh, and a burgess and guild

BROWN OF FINMOUNT. 63

brother of the burgh.1 He married, 9th April 1727, Margaret, daughter
and heir of John Russell, merchant and burgess of Edinburgh, by Jane
Merstoun (or Marton), his wife, and had —

1. John, born 10th March 1728, baptized by his grandfather, the

minister of Abercorn ; died young.

2. David, born 31st December 1730, died young.

3. John, born 29th December 1731, of whom a notice will follow.

4. David, born 8th February 1733, died unmarried 24th October

1773, being then a Lieutenant in the Royal Navy.

5. Robert, born 15th February 1734, died unmarried 15th December

1775.

6. James, born 19th March 1735, died in boyhood.

7. George, born 18th December 1736, held a consular appointment

on the continent of Europe, and died unmarried 14th Novem-
ber 1775.

8. Andrew, born 29th July 1739, died unmarried.

1. Jean, born 15th August 1729, married (contract, 30th October
1744) John Fraser, Writer to the Signet, Edinburgh, brother of
Simon Fraser of Ness Castle, county Inverness, a West India
merchant in London, whose daughter and heiress, Marjory,
married, in 1784, Alexander, fifteenth Lord Saltoun, and was
grandmother of the present Lord. Mr. Fraser died 17th August
179 5, aged 8 4, and had, with others who died young or unmarried,
two daughters — Jean, married, in 1773, Rev. Robert Walker,
minister of the Canongate parish, Edinburgh, and had issue ;
Anne, married John Rae, surgeon in Edinburgh, maternally
descended from the family of Cant of Thurston, and had issue.
Mr. and Mrs. Brown executed a joint trust-disposition, dated at
Golf Hall, 3d July 1749, in which all their surviving children are named,

1 On the 10th of March 1736, David Brown, Guard, ordered his men to fire on the populace,

merchant in Edinburgh, was on the jury which who were throwing stones, and killed and

found Andrew Wilson, William Hall, and George wounded several persons. This affair led to the

Robertson guilty of robbing James Stark, collector celebrated " Porteous Mob;" a large body of

of Excise at Kirkcaldy, on the 9th of January people broke into the Tolbooth, where Porteous

previous. It was at Wilson's execution, on the was confined, his execution having been delaved

14th of April, that Captain Porteous, of the City for six weeks, and hanged him in the Grassmarket.

HISTORY OF THE FAMILY OF

and legacies left to them. Besides Golf Hall, he had considerable house
property in the city, and Mrs. Brown also inherited real property there,
some of which, acquired by her grandmother1 in 1722, remained with her
descendants till 1845, when it was sold. The bookplate of David Brown,
with autograph of his son, is here represented.

XV. John Brown of Golf Hall, merchant and burgess of Edinburgh,
one of the Magistrates of the City, 1764 and 1773 ; a merchant Coun-
cillor, 1759 ; and Treasurer, 1761-1762; in 1765 acquired landed property
lying on the Water of Leith, adjoining the estate of Dean, from Thomas
Brown of Braid. He married, 10th December 1751, Margaret, daughter,
and eventually heir (on the death of her brother Wilham, a Russia
merchant), of James Watson, merchant and burgess of Edinburgh, and in

1 Margaret, Mrs. Merstoun, daughter and heir of Alexander Livingstone, merchant-burgess of
Edinburgh, who died in 1670.

WATSON, Edinburgh.

Argent, an Oak Tree acorned, growing out of a Mount in
base proper, surmounted of a Fess wavy azure charged
with three Bezants.

{Lyon Register.)

srolTaffHCUiOH EDINBURGH

BROWN OF FINMOUNT. 65

1727 one of the Magistrates of the City, by Janet, his wife, daughter of
James Crokat, merchant and burgess of Edinburgh, also a Magistrate of
the City. Mrs. Brown's uncle, Thomas Crokat of Johnstounburn, county
Haddington, had a daughter and heir, Elizabeth, wife of Andrew Broun
of Braid, near Edinburgh ; their daughter, Elizabeth Broun, married Sir
Andrew Dick-Lauder of Fountainhall and Grange, Bart. George Watson,
merchant, and accountant of the Bank of Scotland, a member of this
family, died in 1723, leaving £12,000 for the endowment of an hospital,
which was built at Lauriston, for the maintenance and education of the
male children and grandchildren of decayed merchants in Edinburgh,
and latterly had an income of above £6000.

On the 21st March 1780 Mr. Brown was served heir-general to
his brother, David, Lieutenant in the Navy, being his only surviving
brother.

Notes from pocket-book of my Great-grandfather : —

" John Brown, merchant in Edinburgh, 1766.

1765, March 6. Mr. T. Brown, Fishing-rods, etc., . 10/6

1766, Jan. 6. Lent D. Brown, . . .£110

15. D. Brown, . . . . 3 0 0

" Transactions with Mrs. W. Watson, London.
" April 1. Pd. D. Brown, . . . .£660

" On the 7th Novr. 1764, I became a member of the Laudable
Society at London, for the benefit of Widows. Wm. Watson signed
the Deed of Settlement for me on that day. Entry Money, £5, 5s. ;
yearly payment, £5, 5s., payable 25th March and 29th Sept., at Michael
Fisher, Secy., Wych Street.

" 25th July 1765. Transaction with Mr. Crokat as to a bond in his
name for some of his money lent to John Murray of Philiphaugh.

" R B., at Messrs. Price & Co., tallow chandlers, Old Fish Street,
Cheapside.

" D. B. pays half of horse maintenance.

" G. Brown draws on him repeatedly, one bill £223 ; his address,
care of Mr. And. Sprowle, Norfolk, Virginia.

66 HISTORY OF THE FAMILY OF

" Gardener at property Water of Leith.

" My brother's assignation, 12th Feb., of Town Bond, £250, regd. in
Burgh Court Books 23d June."

He seems to act for Trinity Hospital; gives to the poor of Canon-
gate, £2, 3s. 9d., " my salary from the Burgh."

" Sep. 6. To Mr. Thomas Brown, . . . £20 0 0

" Brown's bursary."

Mr. Brown died 15th April 1780, and his widow 17th April 1800,
having had issue —

1. David,

2. James, born 15th September 1758, was a merchant in Edinburgh,

and died unmarried 15th December 1829.

3. John, born 12th August 1764, died 6th May 1769.

4. Wilbam, bom 29th December 1766, died 29th August 1774.

5. Thomas, born 29th March 1771, died unmarried at his house in

Gayfield Square, Edinburgh, 19th September 1851. This
gentleman was a merchant in St. Petersburg, and afterwards
in London ; he published Reminiscences of an Old Traveller,
Modern Athens, and other works.

1. Janet, born 1st September 1752, died 12th February following.

2. Margaret, born 27th May 1754, died 12th January 1759.

3. Jean, born 9th September 1760, died unmarried 18th December

1825.

4. Mary, born 3d November 1762, died unmarried, at Gayfield

Square, 23d September 1845.

5. Katherine, born 20th Apiil 1769, died 27th December following.

6. Henrietta, born 8th October 1773, married Alexander MacBrair,

merchant in Glasgow, and died 1st February 1808, leaving
four children, none of whom have any family.

XVI. David Brown of Greenknowe, in the parish of Muiravonside,
county of Stirling, was born 27th December 1756, and baptized 10th
January following, tbe witnesses being John Fraser, W.S., husband of
his aunt, and Joseph Williamson, advocate, grand-uncle of the infant,

CASSELS OF GREENKNOWE.

(County Stirling.)

Argent, a Cheveron gules between two Cross Crosslets
fitchee in chief, and a Key fessways wards downwards
in base sable.

{Lyon Register.)

SCOTT ft FCRCU50N EDINBURGH

BROWN OF FINMOUNT. 67

being son of Mr. David Williamson by his seventh wife, Jean, daughter
of Arthur Straiton of Kirkside, county Forfar. Mr. Brown was a merchant
in St. Petersburg, and partner in the house of Anderson, Mobberley and
Co. Having acquired a considerable fortune, he returned to Scotland,
and purchased Greenknowe from his brother-in-law, Walter Gibson
Cassels, and a bouse with grounds at Lauriston. He married, on 21st
June 1791 (contract dated 20th of same month), his kinswoman, Hannah,
daughter of Andrew Cassels, merchant in Leith, and Anne Gibson of
Greenknowe, his wife. By her, who was born 17th March 1772, and
died at her house in Brandon Street, Edinburgh, 7th March 1859, he had

1. John.

2. Andrew Cassels.

3. David, born 29th December 1801, a merchant in Corfu, after-

wards- settled in Canada, where he died in 1863, leaving by
his wife, Mary Cowan, widow of Mr. Maclean, one child,
Hannah Cassels, who married, 19th September 1880, Robert
Hannan Henry, Standard Bank, Toronto, and has issue Chris-
tina Cassels Henry.

1. Anne, born 28th December 1793, died unmarried at Ashley, 22d

November 1882.

2. Margaret, died unmarried.

3. Hannah, born 13th July 1796, married, 30th August 181-9, by

her cousin Dr. Johnston, to Alexander Tweedie, M.D., of
Edinburgh 1815; F.R.C.P., London, 1838; F.R.S., of Bute
Lodge, Twickenham, and Brook Street, Grosvenor Square,
author of Lectures on Fevers, Clinical Illustrations of Fever,
etc., who died 30th May 1884, in his 90th year, and has had
issue —

Alexander George Tweedie, Madras Civil Service, married
Isabella Fanny, daughter of Major-General Leslie,
K.H, and died in 1855, leaving issue by her, who died
22d January 1858, two sons and two daughters.
The elder, Isabella Leslie, married, 6th July 1881,
Surgeon-Major Alexander Dugald Campbell, younger

68 HISTORY OF THE FAMILY OF

son of Rear- Admiral Donald Campbell of Barbreck,

county Argyll, and grandson of Sir Charles Douglas,

Bart.
George Straiton Tweedie, married 5th August 1882,

Anna, daughter of James Archer, B.S.A.
David Tweedie, died unmarried 1864.
Hannah Cassels Tweedie, married, in 1856, the Rev.

Charles Creaghe Collins, M.A., Rector of St. Mary's,

Aldermanbury, London.

4. Jane, born 16th March 1800, married William Anderson of Hall-

yards in the parish of Manor, county Peebles, and 8 Regent
Terrace, Edinburgh, merchant in Leith, descended from the
elder male line of the family of Anderson of Tushilaw, county
Selkirk. He died 3d March 1879, aged 85. Mrs. Anderson
died 23d July 1850, having had issue —

William Anderson of Hallyards, M.D., Richmond, married,
15th July 1880, Annie Elizabeth Boyd, daughter of
William Burnett, Esq., Hay Lodge, Peebles, represen-
tative of the Burnetts of Barns, in the parish of Manor,
and of Burnetland, and has issue.
David Brown Anderson, Writer to the Signet, 1867.
Hannah Cassels Anderson, married, 21st January 1857,
her cousin, the Rev. Andrew Cassels, vicar of Batley,
county York ; and has issue, Jane Still Anderson, who
died young, and Adamina Anderson.

5. Mary, born 8th September 1803, married, in June 1865, William

Henry Brown of Ashley in the parish of Ratho, county of
Edinburgh, in the Commission of the Peace for the county,
who died 3d October 1870. Arms, parted per cheveron gides
and sable, a cheveron between two fleurs-de-lis in chief, and a
cushion in base or. She died at 4 Melville Street, Edinburgh,
8th December 1885.

6. Harriet Sophia, born 23d July 1805, married, 5th November

1827, her kinsman, Sir Robert Christison of Moray Place,

CHRISTISON of Moray Place,
Edinburgh, Bart.

Or, a Cheveron sable between three Laurel Leaves proper.

{Lyon Register.)

STODART OF KAILZIE, County Peebles,
and ORMISTON, County Edinburgh.

Quarterly, First and Fourth argent, a Fess nebuly
between three Stars of six points sable, a Bordure
gules, for Stodart ; Second and Third or, a Cheveron
between three Bull's Heads couped sable armed vert,
for Turnbull.

{Lyon Register. )

SC0TT4 rtRGUSON CDlHBURCH

BROWN OF FINMOUNT. 69

Edinburgh, Baronet, M.D., Professor of Materia Medica in the
University of Edinburgh, and Senior Physician to the Queen
in Scotland, Deputy-Lieutenant of the city and county of
Edinburgh, who died 27th January 1882. Arms, or a
cheveroh sable between three laurel leaves proper. She died
9th January 1849, leaving three sons —

Sir Alexander Christison, Baronet, M.D., Surgeon-Major
H.M. Bengal Army, Principal of the Medical School,
Agra; married, in 1854, Jemima Ann, daughter of
James Cowley Brown, of the Bengal Civil Service, and
has issue.
David Christison, M.D.
John Christison, Writer to the Signet.
Jemima Henrietta, born 3d March 1807, married, 26th June 1826,
John Riddle Stodart, of 2 Drummond Place, Edinburgh,
Writer to the Signet, a Magistrate of the city of Edinburgh,
and in the Commission of the Peace, son, and eventually repre-
sentative of, Robert Stodart of Kailzie, in the parish of
Traquair, county of Peebles, and of Ormiston Hill, in the
parish of Kirknewton, county of Edinburgh. Arms quarterly,
first and fourth, argent, a fess nebuly between three stars of
six points sable, a bordure gules ; second and third, or, a
cheveron between three bulls' heads couped sable, armed
vert. Mi-s. Stodart died at 2 Drummond Place, Edinburgh,
29th September 1865, leaving —

Robert Riddle Stodart, formerly of Mookelane, in the
Island of Ceylon, now Lyon Clerk-Depute, author
of Scottish Arms, the compiler of this genealogy.
David Riddle Stodart, Writer to the Signet, stock-
broker in Montreal, married, in 1861, Louisa Flora
Wilhelmina, daughter of Peter Sheppard, merchant
in Quebec, and has issue.
Hannah Stodart, married, in 1852, James Lorimer of
Kellyfield, in the parish of Dundee, county of Forfar,

70 HISTORY OF THE FAMILY OF

Advocate, Professor of Public Law in the University
of Edinburgh, and has issue.
Henrietta Mary Stodart.
Mr. Brown of Greenknowe died 19th January 1813.

XVII. John Brown, born 18th May 1792, died unmarried in
January 1847. Mr. Brown did not succeed to the landed property of
his father, who, by disposition and settlement dated 24th August 1805,
conveyed his entire estate to trustees for the benefit of his wife and
family ; and by them Greenknowe was sold in 1 8 1 4 to Thomas Andrew,
Esquire, father of the Dowager-Countess of Roden ; Lauriston Park to
the Governors of the Trades' Maiden Hospital ; and the house at Lauriston
to Mr. Leonard Horner, merchant in Edinburgh.

XVII. Andrew Cassels Brown of Freshfield, in the parish of
Formby, county Lancaster, bom 28th May 1798, was a merchant in
Liverpool, married, 22d April 1840, his cousin Susanna, daughter of
James Cassels, M.D., Lancaster, and Mary his wife, eldest daughter and
co-heir of the Rev. Francis Hodgson, perpetual curate of Little Bolton,
and died 16th December 1870, leaving issue —

1. James Cassels.

2. David, born 21st February 1845, entered the Royal Navy

12th September 1859, retired 187 ; married, 16th October
1873, Isabella Frances, elder daughter of Lieutenant- Colonel
Pringle Shortreed, 17th Bengal Native Infantry, son of
Robert Shortreed, Sheriff- Substitute of the county of Rox-
burgh, and Margaret Fair of Langlee, his wife, and has
issue Helen Mary Echlin, born 15th September 1874 ; Kath-
leen Mira Cassels, born 22d February 1876 ; and a daughter,
born January 1884.
1. Hannah Elizabeth, born 19th September 1842, married, 7th
September 1870, Henry Greenwood Rawdon, M.D. and Sur-
geon, Rodney Street, Liverpool, second son of Joshua Rawdon
of Babington, county Chester, and Everilda Hamer of Hamer,

BROWN OF FINMOUNT. 71

county Lancaster, his wife, younger brother of the Rev.
James Hamer Rawdon, vicar of Preston, representative of
the Rawdons of Bilbrough, near York.

2. Susanna Hodgson, married, 11th April 1883, David Christi-

son, M.D., second son of Sir Robert Christison, Baronet.

3. Mary, born May 1851.

XVIII. Reverend James Cassels Brown, M.A. of St. John's College,
Oxford, formerly curate of Hulme Walfield, county Chester, afterwards
of the parish church of Liverpool ; 1881, vicar of Ditton Saint Michael,
Prescot, Lancashire; born 16th January 1841 ; is representative of Mr.
John Brown of Abercorn, and, failing descendants of George Brown last
of Finmount, is heir-male of the Browns of Fordell and Finmount. He
married, first, at Altcar, 8th February 1872, Frances Mary, daughter of
William Hand of Hartford, county Chester, and had by her — who died
25th March 1880—

1. Lucy Cassels, born 7th March 1873, died May 1875.

1. Andrew Cassels, born 7th January 1875.

2. Arthur Cassels, born 23d August 1876.

He married, secondly, at the Church of the Holy Trinity, Milton-
next-Gravesend, 14th March 1882, Elizabeth Ellen, daughter of Henry
Notton.

We now return to the only younger son of Mr. John Brown of
Abercorn, who left descendants.

XV. Mr. James Brown, born 17th December 1724, graduated at the
College of Edinburgh 27th April 1742, licensed by the Presbytery of
Perth 23d July 1745, presented to the parish of Melrose by Lady
Isabella Scott in July 1747, and ordained 10th February 1748. While
at Melrose Mr. Brown got a bleachfield established for the encouragement
of linen manufacture there. In 1765 there was a proposal to promote
him to South Leith, which was not carried out ; and on 5th May 1767 he
was translated to the New Greyfriars, Edinburgh, and admitted on the
9th July. He did not long remain in charge of this parish, being trans-

72 HISTORY OF THE FAMILY OF

lated to the New North Church of Edinburgh 27th July 1768, and
admitted 24th November. He was elected Moderator of the General
Assembly of the Church of Scotland 22d May 1777. Mr. Brown is said
to have been " distinguished not more by his majestic appearance than
by his pastoral excellence, powerful reasoning, and singular attention to
the charitable institutions of the city, especially the charity workhouse."
He took a great interest in the improvement of the Translations and
Paraphrases of Sacred Scripture, and was, on the 28th of May 1776,
appointed Convener of the Committee named by the General Assembly
to carry out that work, and the selection made was approved 1st June
1781, and came partially into use. His published writings are "The
Extensive Influence of Religious Knowledge : a Sermon," Edinburgh,
1769; and "A Plan for regulating the Charity Workhouse, Edin
burgh."

Boswell, in his " Commonplace Book," has the following anecdote of
Mr. James Brown : —

" On the 2d December 1782 I went to dine at Walker's Tavern with a committee
of the Presbytery of Edinburgh, who were taking evidence in a criminal process, the
heritors of Carsphairn against Mr. Affleck, who had a presentation to that parish.
The agent for the heritors was the entertainer. I was asked to take the head of the
table thus : — ' Mr. Boswell, you '11 take this end.' ' No,' said I, ' the Moderator will
sit there.' ' Then you 11 take this end,' the foot of the table. ' No,' said I, pointing
to the agent. I placed myself about the middle of the table, and said, ' I have no end
in view but a good dinner.' Said the Eev. Mr. Brown of Edinburgh, ' The end is
lawful if the means be good !'"

Mr. Brown married, first, in May 1748, Helen, born 20th January
1721, and baptized by Mr. John Brown of Abercorn, third daughter of
Captain Laurence Drummond, residing at Midhope, in the parish of Aber-
corn, second son of John Drummond, ninth laird of Pitkellony, in the
parish of Muthill, county Perth, and Catherine, his wife, daughter of Sir
John Colquhoun of Luss.

Mrs. James Brown's mother was Katherine, daughter of Sir Alex-
ander Swinton of Mersington, county Berwick, a Senator of the College
of Justice, a younger son of Sir Alexander Swinton of Swinton, aunt of
Janet Charteris of Amisfield, Countess of Wemyss.

BROWN OF FINMOUNT. 73

By his first marriage, Mr. James Brown had —
1. John, baptized 9th April 1749, died young.

1. Katherine, born 19th April 1750, died 9th November 1752.

2. Elizabeth, born 26th September 1751, died 7th May 1764.

3. Helen, born 5th February 1753, married at Glasgow, 16th June

1777, William Somerville, merchant there, younger son of
James Somerville of Airhouse, in the parish of Channelkirk,
county Berwick, and had issue.

4. Mary, born 7th May 1754, married John Pattison, advocate, ' and

had issue.
Mr. James Brown married, secondly, 13th November 1755, Marion,
only child who left issue, of Robert Tod, merchant in Edinburgh, and
sister of John Tod of Kirklands, and Charles Tod of Wholeflatt, and by
her, who died 3d November 1786, had —

2. Robert, of Kirklands, born 23d August 1758, died 6th November
1812, a Writer to the Signet. He married, 2 2d December
1782, Isabella, eldest daughter of Alexander Adam, architect,
by a daughter of J ohn Watson, writer in Edinburgh, and had,
with others who died young —

Robert, a Writer to the Signet, died unmarried.

Alexander, Lieutenant R.N., died unmarried.

Helen, died unmarried, 25th January 1808, aged 17.

Marion Tod, married Andrew Monies, Captain R.N., and

died s.p. 18th August 1840. Captain Monies married,

first, 2d December 1807, Jane, daughter of John

Davie of Gavieside, county Edinburgh, sister and

co-heir of Major Adam Davie, who in 1803 surrendered

Kandy, the capital of Ceylon, to the native king, and

died there a prisoner in July 1812, and had by her, who

died 19th December 1818, a son, John Davie Monies,

who assumed the additional surname of Stirling on his

marriage, in 1840, to Mary Wedderburn Stilling,

heiress of Blackgrange, daughter of Patrick Stirling of

Kippendavie, county Perth, and niece of Margaret

74 HISTORY OF THE FAMILY OF

Douglas Stirling, wife of James, tenth Lord Tor-
phichen, and died 1848.
Janet, born .

3. James, of whom afterwards.

4. John, born 16th May 1761, died 8th December 1767.

5. Thomas, born 3d July 1766, merchant in Edinburgh, married,

in December 1787, Euphemia, daughter of Andrew Gray of
Southfield, county Haddington, and died October 1801, leaving
issue —

James, born in 1788, a merchant at Savannah, married in
1827, and died in 1841, leaving one daughter, wife of
Juan Macias, merchant in New York.
Andrew, born in 1789, merchant at Savannah, Georgia,
married Harriet, widow of Dr. Proctor, So. Carolina,
daughter of James Houstoun, surgeon in the Revolu-
tionary army, fourth son of Sir Patrick Houstoun of
that Ilk, fifth Baronet, President of the Council of
Georgia, who died at Savannah in 1762. Mr. Brown
died s.p. 1835.
Alison Dickson, born 17 , married 19th October 1822,
Vere Warner Hussey Bogle, of The Cottage, Aberdour,
county Fife, Captain R.N., only son of Charles Bogle, of
the island of Tobago, and Adeliza, his wife, widow of
Major M'Fie, sister and co-heir (with her sisters, Maria
Anne, wife of Rear- Admiral Sir Richard Bickerton,
Bart., of Upwood, county Huntingdon, mother of
Admiral Sir Richard Bickerton-Hussey, Bart., K.C.B.,
of Wood Walton and Upwood, and Arabella, wife of
Robert Moubray of Cockairny, county Fife, and
mother of Lieut. -Colonel Sir Robert Moubray of Cock-
airny, K.H., and of Vice- Admiral Sir Richard Hussey-
Hussey, K.C.B., G.C.M.G., of Wood Walton, whose
daughter Eleanor is wife of Andrew, fourteenth Lord
St. John of Bletsho) of Lieut. -General Vere Warner

BROWN OF FINMOUNT. 75

Hussey of Wood Walton. Mrs. Bogle died without
issue in May 1871.

5. Janet, born 27th July 1756, died 22d April 1769.

6. Margaret, born 2d October 1757, died 11th January 1768.

7. Marion, born 5th July 1771, married John Gray, solicitor-at-law,

1788 (he died 21st June 1850, aged eighty-five), and had
issue, of whom there are no descendants. Her son John, Writer
to Her Majesty's Signet, 1824, married his cousin Harriet,
daughter and co-heir of Andrew Gray of Craigs, county Dumfries,
and Southfield, county Haddington, but died s^. 1870.
Mr. James Brown died 4th or 6th May 1786, at his house at
Lauriston.

XVI. Beverend James Brown, twin with Bobert, 1758, licensed by
the Presbytery of Edinburgh 30th January 1782, presented to the parish
of Newburn, county Fife, by Mrs. Anne Craigie of Dunbarnie in Decem-
ber 1783, and ordained 6th May following. He was translated to New-
battle, county Edinburgh, 13th September 1786, having been presented
in July by the Marquess of Lothian, and was admitted on the 4th of
October. Mr. Brown in 1794 founded the village of Eskbank, which has
now been greatly enlarged, and contributed the account of his parish to
Sir John Sinclair's Statistical Account of Scotland. He married 3d June
1784, Helen Adam, sister of his brother's wife, and by her, who died 22d
November 1814, had —

1. James.

2. Bobert, born in May 1792, licensed by the Presbytery of Had-

dington 26th March 1816 ; presented to the parish of Largo,
county Fife, by General Durham ; and ordained 28th June
1821. On the Secession in 1843, Mr. Brown ceased to hold
the living, and became Free Church minister of Largo ; he was
author of the account of the parish in the New Statistical Ac-
count of Scotland ; A Ward in the East Neuk; and A Letter to
the Moderate Brethren. He married, first, 15th June 1827,
Elizabeth, daughter of Christopher Lundin of Auchtermairnie,

76 HISTORY OF THE FAMILY OF

in the parish of Kennoway, county Fife. This lady, on the
death, unmarried, of her sister Euphernia, in 1855, inherited that
estate, which has since been sold ; and, with her husband and
family, assumed the surname of Lundin, in adJition to and
before that of Brown. Mrs. Lundin- Brown died 12th February
1868, having had issue —

James Lundin, born 4th April 1828,M.D., married, 21st Feb-
ruary 1871, Sarah, daughter of T. 0. Stevens of Obern
Hill, Bristol. This lady died 2 2d December of the same
year, and Dr. Lundin- Brown 2d May 1872, at Malvern.
Richard Lundin- Brown, born 7th November 1829, present
representative of the family of Lundin of Auchter-
mairnie, of which a notice will be found in the Appendix,
married, 13th April 1871, Margaret, daughter of Charles
Maitland Christie of Durie, a Deputy-Lieutenant of
the county of Fife, and Mary Butler, his wife, daughter
of the Honourable Robert Lindsay of Balcarres, and
has Elizabeth Mary, born 16th November 1872.
Robert Christopher, born 17th November 1833, vicar of
Lineal-cum-Colemere, county Salop, 18 , vicar of
Rhodes, county Lancaster, 1874, author of The Life of
Peace, died, unmarried, in London 16th April 1876.
William Clephane, born 29th August 1836, a civil
engineer, married, 3d April 1878, Eliza, daughter of
Evans Prout, of Willow Grove, county Haldimand,
Ontario, and has Helen Mary and Emma Elizabeth,
twins, 1879, and Mina and Theodore, also twins, born
13th August 1881.
Arthur, born 1st June 1840, of the Honourable East
India Company's naval service, died, unmarried, in
India 1868.
Helen, married, 28th February 1860, the Reverend Thomas
Stothert, Free Church minister at Lumphanan, county
Aberdeen, younger son of the late William Stothert of

VON CORVIN WIERSBITZKI,

Lord of Gehlweiden, East Prussia.

Vert, a Horseshoe in base or supporting a cross patee of
the second, thereon a Crow rising sable holding in its
beak a Gold Ring.

(Armorial Genera!, par J. B. Rietstap. Notices sur les Families
Illiistres de la Pologne, v. Krasinski.

SCOTT ft FERGUSON. COINBURGH

BROWN OF FINMOTJNT. 77

Cargen and Blaiket, in the Stewartry of Kirkcudbright,

a Deputy-Lieutenant, and Captain in the Coldstream

Guards; she died at Pau, 24th December 1880, s.p.

Mr. Stothert married, secondly, 14th September 1882,

Grace Catherine, daughter of Rear-Admiral Duncan

Campbell of Barbreck, county Argyll.

Emma Elizabeth, died, unmarried, in London 10th April

1878.

The Rev. Robert Lundin-Brown married, secondly, at Breslau,

28th September 1870, Marie Wilhelmina Henriette Pauline, elder

daughter and co-heir of Colonel Louis von Corvin-Wiersbitzkij, Prussian

Royal Artillery, and Pauline, his wife, nee Baroness Knobelsdorff. Her

only sister married Eberhard von Leukanos, Lord of Schrine, in Silesia,

and has issue. Mr. Lundin-Brown died at Largo 9th April 1877. The

following notices in reference to him appeared in the public prints : —

THE LATE EEV. E. LUNDIN-BROWN.

Sir, — It is perhaps worthy of notice that this gentleman, whose death, after being
minister of the parish of Largo, and afterwards of the Free Church there, for nearly
fifty-six years, Is mentioned in your paper of yesterday, had a very long clerical
pedigree :—

1 . Mr. James Brown (second son of Robert Brown of Finmount, in Fife), minister
of East Calder, 1665, died 1691.

2. Mr. John Brown, minister of Abercorn, 1700, married Elizabeth, daughter of the
well-known Mr. David Williamson, minister of St. Cuthbert's, and died 1 743.

3. Mr. James Brown, minister of Melrose, 1748, of New Greyfriars, Edinburgh,
1767, and of the New North Church, 1768 ; Moderator of the General Assembly, 1777 ;
died 1786.

4. Rev. James Brown, minister of Newburn, 1784, Newbattle 1786, died 1812 ;
the Rev. John Tod Brown, minister of Dunfermline, 1837-44, and afterwards in holy
orders in the Church of England, who died in 1873, was one of his sons.

5. Rev. Robert Lundin-Brown, Largo, 1821-77.

6. Rev. Robert Christopher Lundin-Brown, vicar of Lineal-cum-Colemere, co.
Salop, and latterly vicar of Rhodes, in Lancashire, died 1876. — I am, &c, S.

Edinburgh. April 12, 1877.

78 HISTORY OF THE FAMILY OF

DEATH OF EEV. MR. BROWN, OF LARGO.

In the death of the Rev. Robert Luiidin-Brown, the Free Church minister of the
fishing village of Largo, Fifeshire, which took place on Monday, another of the rapidly
diminishing band of pre-Disruption worthies has passed away. He was in his 85th
year, and his labour in the ministry extended over a period of more than half-a-century.
He was ordained in 1821, and was settled in Largo as an Established Church minister,
but left the Establishment at the Disruption, and to the people who adhered to him he
continued to minister. In his long lifetime he was enabled to do many works of useful-
ness, and was a faithful pastor. One notable incident in his life must not be omitted in
a notice of Mr. Brown. It was he who rescued Dr. Candlish from a watery grave in
Largo Bay. Dr. Candlish was a passenger on board the steamer running from Leith
along the East Coast. He was going to land at Largo, and in order to do this it was
necessary to come ashore in a small boat. The water in the bay was decidedly rough,
and the boat was swamped at some distance from the beach. Candlish, among others,
was precipitated into the sea, and the subject of this notice, who was waiting on the
shore, dashed into the water, and, at great risk to himself, laid hold of his friend, and
delivered him from a position of imminent danger. Mr. Brown was twice married,
and his second wife survives him.

His widow married, secondly, 1st June 1882, Reverend Donald

Fergusson, minister of the Free Church of Leven, Fife, younger son of

Fergusson, of Easter Dalnabreck, county Perth, whose first wife

was a daughter of Colonel William Balfour, 8 2d Regiment, of the

family of Balfour of Trenaby.

3. John Tod Brown, born , licensed

by the Presbytery of Dalkeith 12th August 1828, presented
by the Crown to the second charge Dunfermline, and ordained
11th May 1837; left this in 1844, to take the pastoral
charge of the Presbyterian Church, Rodney Street, Liverpool,
and in 1847 removed to the Caledonian Church, London. In
1849 he resigned, and on the 23d December of that year was
admitted to deacon's orders, by the Bishop of London, and
to those of priest 14th June 1851, when he became curate of
Chenfield, county Essex, and subsequently chaplain of the
Minster Union in Kent, and of the City of London Mission at

BROWN OF FINMOUNT. 79

Homerton. He married, 11th October 1837, Lucy, daughter
of Richard Joseph, merchant in London, whom he divorced ;
they had no family. Mr. John Tod Brown was author of The
Visit of Her Majesty contemplated in a Religious Aspect, Edin-
burgh, 1842 ; A Parting Statement, Liverpool, 1844; and The
Union of Christians, a poem, London, 1846 ; Moral Murder,
etc. He died 8th January 1873.

1. Marion, born , died unmarried 186 .

2. Isabella, married Henry Eugene Perrin, Dublin, and died, s.p., in

Edinburgh, 28th May 1873.

3. Violet, married 31st January 1837, Captain Thomas Chrystie,

R.N., representative of Chrystie of Balchrystie, in the parish
of Newburn, county Fife, and died, without issue, 11th March
1870.

4. Elizabeth, died unmarried.

5. Helen, married Alexander Brown, and left issue.
The Reverend James Brown died 30th March 1812.

XVII. James Brown, born , was an accountant in Edinburgh,

and President of the Society of Chartered Accountants there from 1853,
when it was founded (they were incorporated by royal charter the follow-
ing year), till his death, 2d February 1864. He married, first, Anne,
second daughter of Colonel William M'Kerrell, of Hillhouse, in the parish
of Dundonald, county Ayr, and by her, who died in 1832, had —

1. James Adam.

2. John M'Kerrell, married Elizabeth Agnes, daughter of William

Renny, of Daneville, in the Stewartry of Kirkcudbright, and
has —

James, Chartered Accountant in Edinburgh, married,
20th September 1881, Harriet Elizabeth Westwood,
daughter of Lieutenant-Colonel P. Dods, Bombay Staff
Corps.
John William.
Henry Hay.

80 HISTORY OF THE FAMILY OF

Robert Edward M'Kerrell.

Margaret Anne, married, in 1867, Robert Howden, Esq.

Elizabeth.

Annie, married, 20th September 1883, George J. Forsyth-
Grant, Advocate, younger son of William Forsyth -
Grant, of Ecclesgreig, county Kincardine.

Roberta, died in 1867.

3. Robert, a merchant hi Bombay, born 2d November 1822, died,

unmarried, 3d February 1864. A memoir of this gentleman
was published in 1866, by his sister, Mrs. Colvin.

4. William, born 25th May 1830 ; entered the Bengal Artillery as

Second Lieutenant on 9th June 1849 ; was transferred to the
Royal Artillery on the amalgamation of the Queen's and
Company's Services hi 1861 ; served during the Indian
Mutiny ; retired, with the rank of Lieutenant-Colonel, in 1872 ;
married, 8th October 1862, Fanny, tbird daughter of William
Edmund Lycett, Esq. , of Bowdon Vale, Cheshire, and had issue —
Harriette Gordon, born February 1864. She died at

Sangor, Central India, on the 15th August 1865.
Annie Frances, born 14th December 1864.
Mrs. Brown died at Sangor, Central India, on the 15th
• August 1865.

1. Anne, married, 13th April 1841, Adam Hay-Gordon, of Avochie,

county Aberdeen, and Mayen and Ardmealhe, county Banff, a
Deputy-Lieutenant of the latter county. Her daughter, Anne
M'Kerrell, married, in 1871, the Honourable William Trevor
Kenyon, and her only son is married to Helen F. Elphinstone-
Dalryniple, granddaughter of the late Sir Robert Dalrymple-
Horn-Elphinstone, Bart.

2. Helen, married the Reverend Robert Francis Colvin, minister of

the parish of Kirkpatrick-juxta, county Dumfries, younger
brother of William Colvin of Craigielands, near Moffat, and
died 26th September 1873, leaving issue.
Mr. James Brown married, secondly, Anna, the widow of John

BROWN OF FINMOUNT.

M'Kerrell, Esq., elder brother of the present William M'Kerrell, of
Hillhouse, daughter of Herbert Buchanan, of Arden, county Dumbarton.
She died 14th October 1880, without issue by him, but had one daughter,
Johanna, by first husband.

XVIII. James Adam Brown, born , a Chartered Accountant in

Edinburgh; on the death without issue in 1853 of his uncle, Henry
M'Kerrell of Hillhouse, he became co-heir of that family, seated there for
more than three hundred years, and bearing for arms, azure, on a fess
or three lozenges gules, a bordure engrailed argent.

He married, in 1866, his cousin Madeline, daughter of the Reverend
Alexander Hill, D.D., Professor of Divinity in the University of Glasgow,
and Margaret, his wife, daughter of Major Crawfurd of Newfield,
county Ayr. Mrs. Brown is descended from the family of Hill, of Lamb-
hill, county Lanark ; arms, azure, a mount or, with the rising sun appear-
ing over the top thereof. Her cousin -german, Letitia, daughter of Colonel
Crawfurd, of Newfield, is wife of William Henry, third Lord Bolton.

iff" I 6

APPENDIX

NOTES AND PROOFS.

I. Charter of Donald, Earl of Marr, to his cousin, Sir Nicholas de Haya, of the
lands of Dorlaw or Dronlaw, Spalding Club Miscellany, vol. ii. 312.

II. The filiation of the earlier generations is here stated conjecturally ; the
charters given below prove that this Adam was ancestor, probably grandfather, of
Sir John ; that Sir John was son of an Adam, and father of David of Glendristona
and others.

III. Eobertson's Index of Missing Charters, p. 14, " Vicecomitatus de Air": —

" 100 Carta, To Henry Annan, the lands of Aughmdraine, quas Kobertus Broun,
forisfecit.

101 „ To William Lindsay, channon of Glasgow, the forfathere of Adie

Brown in vie. de Air.

102 „ The gift of Adam Brown to St. Michael, in ecclesia parochiali de

Air."

IV. Beferences given in the text to Registrum Aberdonense, Book of Perth, etc.

Eobertson's Index of Missing Charters, p. 16 ; Vicecomitatus de Aberdein, p. 17 : —
"47 Carta, To Sir John Broun, knight, of the thanedome of Fromartie, in vie. de Abd."

Charter of Confirmation by Donald, Earl of Mar, to the monks of Cupar, printed
in Antiquities of Aberdeen and Banff, vol. ii. p. 313, "domino Johanne Brune milite,"
one of the witnesses.

The Resignation of Gillandriston is as follows : — " Universis Sancte Matris
Ecclesie filiis presens scriptum visuris vel audituris Agnes de Morthingtoun filia et
heres domini Petri de Morthingtoun militis salutem in omnium salvatore. Noverit
universitas vostra me non vi dolo vel metu sed sponte pure ac sirupliciter pro me
heredibus meis et successoribus quibuscunque vendidisse Johanni filio Ade Bruning
ac in personam suam titulo vendicionis transtulisse totam terram de Gillandristoun
in le Garviach cum omnibus suis pertinenciis libertatibus et aysiamentis quibus-
cunque ad dictam terram pertinentibus seu quoquomodo pertinere valentibus eciam

84 APPENDIX.

si de eisdern specialeni oporteret facere niensionem pro trescentis et sexaginta marcis
bonorum et legaliurn sterlingorum milii preinanibus persolutis de qua pecunie
summa dictum Johannem quietum clamo per presentes Et renuncio in hac parte
excepcioni non numerate pecunie ac doli que posset opponi. Et ad hoc fideliter et
inviolabiliter observandum fidem rneam in manibus venerabilis patris domini
Willelmi de Lambertoun dei gracia Episcopi Sancti Andree prestiti corporalem et
nichilominus juravi tactis sacrosanctis evangeliis in presencia universorum prelatorum
in concilio apud Perth nono die mensis Julii Anno domini millesimo 'ccc. vicesimo
primo congregatorum me dictam vendicionem meara Katam et firmam habere
inperpetuum pro me et heredibus meis et successoribus nee contra eandem directe vel
indirecte per me vel per alium quomodolibet venire in futurum. Et si contingat
me heredes meos vel successores contra predictam vendicionem in aliquo de facto
cum de Jure non potero contravenire obligo me heredes meos et successores ad
solvendum dicto Johanni heredibus suis successoribus et assignatis ducentas libras
sterlingorum priusquam. Idem Johannes heredes sui successores vel assignati mihi
heredibus meis successoribus vel assignatis super predicta terra in aliquo teneantur
respondere. Et nichilominus ad mille libras sterlingorum persolvendum tarn fabrice
Ecclesie cathedralis Civitatis Sancti Andree quam Ecclesie cathedralis Aberdonensis,
Et ut presens mea vendicio et Juris translacio plenam optineat roboris firmitatem ex
habundanti Renunciavi resiguavi ac sursum reddidi in pleno parliamento tento apud
Perth die et anno supradictis in manibus serenissimi pvincipis domini Roberti dei
gracia Regis Scottorum illustris cum fusto et baculo totam predictam terrain de
Gillandristoun cum singulis pertinenciis suis supradictis. Quiquidem dominus Rex
tarn ut Rex Scocie quam ut heres bone memorie domini Roberti de Bruys superioris
domini predicti tenementi de Gillandristoun prefato Johanni heredibus suis et
assignatis pure simpliciter ac libere dictam terrain et tenementum cum suis pertin-
enciis ut est dictum contulit ac eundem de dicta terra infeodavit et ipsum de eadem
investivit. Et ad omnia singula premissa sine fraude observanda obligo me heredes
meos successores assignatos et executores ac omnia bona nostra mobilia et immo-
bilia ubicunque fuerint inventa nullo proponendo obstante. Et ego heredes mei
successores et assignati predictam terram cum suis pertinenciis prefato Johanni
heredibus suis successoribus et assignatis warantizabimus et defendemus in perpetuum.
Et renuncio per fidem excepcioni doli mali et in factum accioni ac excepcioni que
posset opponi de decepcione ultra medium justi precii literis Episcopalibus regiis vel
papalibus impetratis vel impetrandis ac omni alio remedio tarn Juris canonici quam
civilis per quod robur presencium aliquo modo poterit irritari. In cujus rei testi-
monium in presencia predictorum prelatorum presentibus literis sigillum nieuni
apposui. Et quia sigillum meum minus est cognitum sigilla venerabilium
patrum dominorum Willelmi de Lamberton, Willelmi de Sancto Claro, Henrici le
Chene, Johannis de Kyninmonth, et Ferchardi Beleraumbe dei gracia Sancti Andree,
Dunkeldensis, Abirdonensis, Brechenensis, Cathanensis Episcoporum ac Nobilium
virorum dominorum Gilberti de Haya Constabuli Scocie et Roberti de Keth
marescalli ejusdem presentibus apponi procuravi. Datum apud Perth decimo die

APPENDIX. 85

mensis Julii Anno domini millesimo trecentesimo vicesimo primo. — Acts of the
Parliaments of Scotland, vol. i. p. 478.

Sir John occurs as Sheriff of Aberdeenshire in the Exchequer Rolls, 1328; as
farmer of the burgh of Fyvie, 1331-32.

IV. (1.) Fordun, Buchanan, Sir James Balfour, Book of Perth, Registruru Magni
Sigilli.

IV. (1.) Robertus dei gratia Rex Scottoruin, Omnibus, etc. Sciatis nos dedisse
et concessisse dilecto consanguineo nostro Johanni de Roos et Johanni Lyoune omnes
et singulas terras et redditus cum pertineutiis que fuerunt quondam Ade de Paxton et
eciani Ricardi Broune infra vicecomitatum de Berryk nos contingentes racione foris-
facture eorundum. . . Tenendas et habendas dictis Johanni et Johanni eorundum
heredibus et assignatis, etc. Faciendo de dictis terris racione forisfacture contingen-
tibus servicia debita et consueta . . . Apud Glenschee, xxvij1110 die Junij Anno regni
nostri sexto (1377).— Reg. Mag. Sig. Rot. v. No. 20.

IV. (2.) Robertus, etc., Omnibus, etc. Sciatis nos dedisse et concessisse dilecto
consanguineo nostro Willelmo comiti de Douglas omnes et singulas terras foreste de
Cabrauche ac dimidiam davatam terre de Auchmayre cum servicio liberetenentis
alterius mediatatis dicte davate que dicitur Clouethe cum pertinenciis infra vice-
comitatum de Banffe que fuerunt David Broune de Glendristona et quas idem David
nobis sursum reddidit et resignavit. Tenendas et habendas eidem Willelmo heredibus
suis et suis assignatis de nobis et heredibus nostris in feodo et hereditate. Faciendo
inde servicia debita et consueta. In cujus rei testimonium, etc. Testibus, etc. Apud
Edynburghe nono die Januarij anno regni nostri tercio (1374). — Reg. Mag. Sig.
Rot. ii. 47.

IV. (2.) Carta Alexandri episcopi Aberdonensis super terra de Carchrony
Thome Nory concessa, —

Universis sancte matris ecclesie filiis ad quos presentes litere pervenerint
Alexander permissione divina ecclesie Aberdonensis minister humilis decanus et
capitulum ejusdem salutem in Domino sempiternam. Cum in pleno capitulo nostro
die Martis proximo post festum beatorum Philippi et Jacobi apostolorum anno
Domini millesimo trecentesimo sexagesimo David Brown filius et heres quondam
domini Johannis Brown militis vassalus ecclesie nostre de terra de Carchrony cum
pertinentiis personaliter constitutus non vi dolo vel metu coactus set de amicorum
suorum consilio consultus et informatus verum etiam considerans et attendens se
esse impotentem ad supportandum onera et servicia diversa nee non ad persol-
vendum annuam pensionem nobis et dicte ecclesie de dicta terra debitam considerato
propinquo gradu consanguinitatis Thome Nory sibi attinentis et potentis ad hujus-
modi onera et servicia diversa et annuam pensionem subeundam cujus proavus quon-
dam Adam Brown in conflictu de Fawkyrke pro libertate et jure ecclesie nostre

86 APPENDIX.

mortem subivit propriis manibus suis per fastum et baculum sursum reddiderit et
simpliciter resignavit omne jus et clamium quod idem David habuit et habet vel
habere potuisset quomodolibet infuturum in dicta terra de Carchrony cum pertinentiis
a se et beredibus suis ad infeodandum predictum Thomam hereditarie de eadem pro
perpetuis temporibus presentibus et futuris. Noveritis nos unauimi concensu et
assensu nostra babito super hoc diligenti et sufficienti tractatu pensatis eciam gratis
servitiis et auxiliis predicti Thome nobis et dicti ecciesie nostra factis et impensis
dedisse concessisse et hac presenti carta confirmasse predicto Thome Nory pro
homagio et servicio suo nobis et dicte ecciesie impenso et impendendo predictam
terram de Carchrony cum omnibus metis suis et rectis devisis ac justis pertinentiis
universis. Tenendam et habendam eidem Thome Nory et duobus beredibus de nobis
et successoribus nostris ac ecclesia supradicta in feodo et hereditate in moris maresiis
pratis pascuis et silvis in venationibus aucupationibus et piscariis in molendino
brasina et fabrili in petariis boscis at planis ceterisque libertatibus et aysiamentis
tarn non nominatis quam nominatis ad dictam terram spectantibus seu spectare
valentibus infuturum. Eeddendo inde nobis et successoribus nostris idem Thomas
et heredes sui supradicti centum solidos sterliugorum annuatim nomine feodofirme
ad terminos cujuslibet anni usuales per equales portiones et faciendo quolibet anno
tres sectas ad tria nostra placita capitalia de Kane pro omnibus aliis serviciis exacti-
onibus seu demandis que de dicta terra cum pertinentiis aliqualiter exigi poterunt
vel requiri. Nos vera predicti episcopus decanus et capitulum totam predictam
terram cum pertinentiis prefato Thome et beredibus suis predictis contra ramies
homines et feminas warandizabinius acquietabimus et inperpetuum defendemus.
In cujus rei testimonium presenti carte sigillum nostrum vna cum sigillo communi
capituli nostri vna etiam cum subscriptionibus decani et canonicorum tunc ibidem
presentium et concentientium est appensum in capitulo supradicto vicesimo die
mensis Augusti anno prenotato.

Ego Eobertus Boyle precentor consentiens subscribo.

Ego Johannes de Dumbrek cancellarius subscribo.

Ego Willelmus de Ormiskirk thesaurarius subscribo.

Ego Oliverus de Fores canonicus subscribo.

Ego Eobertus de Camera canonicus ecciesie consentiens subscribo.

Et ego Willelmus de Calabyr canonicus consentiens subscribo.

Registrum Episcopatus Aberdonensis.

IV. 2 David, 3 John, 1 Emma.

De tribus croftis infra burgum de Aberden Willelmo de Leth venditis.

Vniversis hanc cartam visuris vel audituris Johannes de Softelaw burgensis
de Aberden et Emma Browne sponsa ejusdem eternam in Domino salutem. Noverit
universitas vestra nos cum consensu et assensu Dauid Browne et Johannis Browne
fratrum predicte Emme et filiorum quondam domini Johannis Browne militis non vi
coactos dolo nee fraude inductos sed pro nostra evidenti utilitate commotos concessisse,

APPENDIX. 87

ac precise veudidisse necnou orunino et imperpetuum a nobis et heredibus nostris et
nostris assignatis quieta clamasse et hac presenti carta nostra confirmasse Willelmo
de Leth burgensi de Aberden tria crofta et duos redditus annuales infra burgum et
libertatem burgi de Aberden jacentes. Quequidem crofta et redditus annuales ex
nostro mero conquestu a David Browne predicto procuravimus quorum unum de
dictis croftis jacet infra territorium croftorum ad finem vici furcarum inter terram
quondam Duncani filij Galfridi versus occidens ex parte una et viam regiam qua
itur a burgo de Aberden versus domos leprosornm versus oriens ex altera; aliud crof-
tum jacet inter viam qua itur a domibus dictorum leprosorum versus le Stok'otis versus
austrum ex parte una et montem qui dicitur le Spytelhylle versus boream ex altera ; ter-
tium vero croftum jacet infra territorium croftorum de Futy inter terram Laurencii filij
David versus boream ex parte una et terram Duncani Margreve versus austrum ex
altera, et unus annuus redditus sex solidorum et octo denariorum sterlingorum jacet
in ilia terra cum pertinentiis quam tenet Laurencius Alius David jacente in vico de
Futy inter terram predicti Laurencij versus boream ex parte vna et terram Duncani
Margreve versus austrum ex altera, alius vero annuus redditus quatuor solidorum
sterlingorum jacet in ilia terra cum pertinentiis quam tenet Adam de Ledhuss jacente
in vico de Futy inter terram abbatis de Londoris versus austrum ex parte una et
terram predicti Ade versus boream ex altera ; pro quadam summa pecunie quam pre-
dictus Villelmus pro vero valore dictorum triuni croftorum et duarum annualium red-
dituum die confectionis presentis carte in nostra grave necessitate et paupertate pro-
bata ad sustentationem vite nostre et liberorum nostrorum et ad debita nostra
adquietanda in quibus erga plures extitimus onerati bene et fideliter in sicca pecunia
numerata nobis persoluit unde nos pro nobis et heredibus nostris et nostris assignatis
bene tenemus contentos et pacatos. Tenenda et habenda predicto Willelmo heredibus
suis et suis assignatis pure et imperpetuum a nobis et nostris heredibus et assignatis
libere quiete plenarie honorifice bene et in pace sine aliqua reclamatione seu revoca-
tione nostrum vel heredurn nostrorum seu aliorum quorumcunque nomine nostro vel
ex parte nostra in futurum. Nos vero predicti Johannes et Emma heredes nostri et
nostri assignati tota predicta tria crofta cum duobus annuis redditibus ut prescriptum
est predicto Villelmo heredibus suis et suis assignatis pro predicta pecunia ut premit-
titur soluta et in nostram utilitatem conversa contra omnes homines et feminas
varantizabimus acquietabimus et imperpetuum defendemus. In cujus rei testimonium
presenti carte sigilla nostra sunt appensa necnon et sigillum David Browne predicti
et ad majorem securitatem sigillum commune burgi de Aberden apponi procuravimus,
Datum apud Aberden primo die mensis Julij anno Domini millesimo tricentesimo
sexagesimo tertio, hiis testibus Malcolmo Wyth, Waltero de Ettale, Willelmo de
Perys, Willelmo de Gorh'ne Duthaco de Carnegy, Boberto Bullok — et multis aliis. —
Registrum Episcopatus Aberdonensis.

V. Super dissensione inter Johannem Broune de Migmar et Bobertum de Umfraville.
In parliamento tento apud Scon xn. Junii mccclxviii. die ix. parliamenti, —
Cum mota fuit dissensio per verba inter Johannem Broun de Migmar et

88 APPENDIX.

Eobertuni de Umfraville capta t'uit securitas de mandato Regis sub pena quingen-
tarum librarum ex parte ntralibet quod alter ab altera erit indempuis publice et
occulte aliter quam per viam juris. Plegiis pro dicto Johanne domino Comite de
Marre et domino Duncano Walays. Et pro dicto Roberto domino Willelmo de Kethe.
— Acts of the Parliaments of Scotland, vol. i. 148 ; Antiquities of Aberdeen and Banff,
vol. ii. p. 42.

VII. and VIII. — Vitcc Dunkeldensis Ecclesia Episcoporum, ab Alexandro Myln, imssim ;
Scots Acts, Acta Dominorum Concilii, Acta Dominorum Auditorum, Duncan
Stexvart's History of the Steivarts, Fasti Aberdonenses, Book of Perth.

1488. October 23. The Lords of Council sitting at Edinburgh, " decretis and
deliveris that David Scot of Petlour sail content and pay to George, bischop of Dun-
kelden, and as successor to James, umquhile bischop of Dunkelden, the soume of xij H.
usuale money of the realme, for the teynds of Nochnare,1 within the parochioun of
Stramiglo, of vj yeres bigane, takin up and intromett with be the said David, as wes
sufficiently preifit before the lords, and ordanis our soverane lord's lettrez be direct to
distrenze him, his lands and gudes, herefore, and for xl. s. to his costs. And the said
David was lauchfully summond to this accioun oft times callit, and not comperit.

1489. February 27. The Lords of Council decretis and deliveris that James
erle of Buchane, sail restore, deliver, content, and pay to a reverend faider in God,
George bischop of Dunkeld, xxj marts and a quarter of a mart, thre mutouns, twa
chalders of mele, price of the boll, xiij s. iiij d. ; out of a boll, thre chalders of mele,
out of his girnale, price of the boll, xiiij s. iiij d. ; ij bollis of aits, price of the boll,
viij s. ; five turs of hay, price of the turs, xl d. : thre chalders of mele cumand fra
Dunkeld, price of the boll, xiij s. iiij d. ; thre malvysy bacs, price of the pece, viij s.
vj d. ; a ham barrel, price iij s. ; a warestall, price xxvj s. viij. d. ; twa pare of
hoisting crelis, price of the pare vj s. ; a gret pot, price iiij li. ; a lesser pot, xxiiij s. ; a
caldroune, price fifty s. ; a spet, price xx s. ; a nop bed, price xvj s. ; four bousteris,
price xx s. ; vij cuschings, price iij li. ; a chandelare, price iiij s. ; burds, trests, and
utheris diveris gudis, insicht of houshald, price x li., quhilkis gudis wer spulzeit and
takin be the said James and his complices, as wes sufficiently prefit before the lordis ;
and ordinis our souerane lordis lettrez be direct to distrenze the said James his lands
and gudis herefore, and he wes summoned to this accioun oft tymes callit and not
comperit, and assignis to the said Reuerend faider the xv day of Junij next to cum,
with continuacioun of dayis, to preif the availe of the said martis and muton, and
ordanis him to have lettrez to sumond his witnes and the parties to here suoru.

1490. November 5. Before the Lords of Council.
Anent the accioun and cause persewit be a Reverend faider in God, George,
bischop of Dunkelde, aganis Thomas Ogilby, son and are to umquhile Alexander

1 Now Knocknarry.

APPENDIX. 89

Ogilby of Arnetibir, for the wrangwis witkhaldin fra the said reverend faidir of the
soume of fifty sex H. usuale money of Scotlande, recoverit be the said reverend faider
upon the said umquhile Alexander, and for the withalding fra the said reverend
faider of thre chalderis of bere and mele as is contenit in the summonds, baith the
saidis partiis beand present be their procurators, because it was denyit be the pro-
curator of the said Thomas that he wes are to the said umquhile Alexander, or
intrometit with his areschip, movable or unmovable ; the Lordis of Consale therefore
assignis to the said reverend faider the thrid day of Marche nixt to cum, with con-
tinuacion of dais, to preif that the said Thomas is are to the said umquhile Alex-
ander, and intrometit with his areschip, movable or unmovable ; and ordinis him to
haf lettrez to summond his witnes, and that the parties ar summoned be the pro-
curators appearand actually, and contenewis the summonds in the meyntyme, in the
same forme and effect as it now is but prejudice of parties.

1491. July 16. At Edinburgh.
The lordis of Consale decretis and deliveris that Sir Robert Abircrummy of that
like, knycht, and Johne Lyoun, sone and aperand are to Johne lord Glammis,
pertendit Justicez, to George, bischop of Dunkelden, has done wrang in the journay-
ing and proceding aganis the tenants of the barony of Dalbaty and Inverquhothill,
pertening to maister Alexander Inglis, dene of Dunkelde, because the said Sir Eobert
and Johne procedit againis thaim efter that the fforsaid bischop and the said Sir
Robert and Johne wer chargeit be our soverane lordis letrez to decist of the proceding
aganis the saidis tenentis, as wes preffit be the indorsing of the said lettrez, schewin
and producit before the lordis ; and therefore decernis the said process led aganis the
said denis tenents of nane avale, force nor effect in tyme to cum ; and also decrettis
and deliueris that Robert Carny, Johne Irwin, and Richard Broune, pretendit croun-
aris to the said bischop, has done wrang in the takin fra the personis underwrittin of
the gudis efter folowand out of the forsaid lauds of Dalbaty, that is to say, fra
Robert Young, out of Stantoune, twa oxin, price iij li. ; fra ane Baty of Dalbaty, twa
oxin, price iiij merkis ; fra Andro Donaldsoune, twa oxin, price iiij merkis ; fra
Patrik Saulemane, twa oxin, price iiij merkis ; from Johne Pennycuk of Straluchy,
twa oxin, price iij li. ; and also that Richard Broune and Johne Irwin did wrang in
the takin of thir gudis underwrittin out of the saidis landis of Inuerquhothill, of xij
hed of nolt, youngare and eldare, price xij li. ; xx bollis of aits, price fifty s. ; viij
bollis of ber, price xl s., and ane gillote, price x s. ; because the saidis personis tuk
the saidis gudis contrare the tenor of the said letrez, as wes sufficiently prefit before
the lordis ; and therefore ordinis thaim to restore and delivere agane the samyn
gudis to the personis and grond at thai wer takin fra ; and ordinis our soverane lordis
lettrez be direct to distrenze the saidis personis ther laudis and gudis herefore, and
thai were summond to this accioun to answer to the kingis hienes thereupon oft
tymes cailit and not comperit.

1492. July 9. In presens of the lordis of consale James Hering of Tulybole

90 APPENDIX.

and maister James Fentomie, procurator for a Eeuerend faider in God, George, bischop
of Dunkelden, comperit and grantit, consentit and promittit in the naim of the said
reuerend faider that for the Cessing of the Summonds of Errour purchest be James
Forthringhaim the sone and are of umquhile James Fothringham of Fordale, apone
certane persones quhilk past apon the serving of a breif off Inquest of our soverane
lordis chapell purchest be the said James apon the saidis landis of Fordall, That
giff it plessit the said James to raise and tak new breves apon the saidis landis to be
proclamit lauchfully apon xv dais, to be servit in Perth, the said Eeverend faider
sail nothir be him self, his procurators, nor nain utheris in his Name, propone ony
exceptioune of Cursing led or to be laid againe the said James, nor yit allege nor
schew the Eetour maid and gevin in the said matter of before in stoping of the
serving of the said brevez, nor nain uther frewolle exceptioun, bot again the assise
na the said James sail and may persew the said brevez and matters the day that
thai sail be proclamit to alse frely as he micht haf done the tyme of the decease of
his said umquhille faider.

1492. July 12. Before the Lords of Council The actioune and cause persewit
be a Eeuerend faider in God, George, bischop of Dunkeldene, "Walter Arnot, and
Eichard Broune, his factors, aganis Johne Patonsone, duelland in south Fery of Portin-
crag, ffor the wrangwis detentioune and not delivering of four skore of sparres, price
of the pece iij s. ; xl gestes, price of the pece v s., and xxxv plankes, price of the pece
iiij s., as is contenit in the Summondes, Is be the lordes of counsale contenewit to the
viij day of October nixt to cum, with continuatioun of dais in the samyn forme and
effect as it now is but prejudice of parties, and ordinis the witnes that wer now
takin be closit in the meyntyme, and may witnes summoned gif ther ony be.

VIII. Eichard of Fordell.

1493. — Carta confirmationis Eicardi Brovne super carta sibi facta per Georgeum
Episcopum Dunkeldensem suum fratrem etc., —

Jacobus dei gracia Eex Scotorum Omnibus probis hominibus tocius terre sue
clericis et laicis salutem Sciatis nos quandam cartam indentatam donationis et
feodifirme factam per Eeverendum in Christo patrem nostrumque consiliarium dilectum
nostrum Georgeum episcopum Dunkeldensem cum consensu et assensu sui capituli
capitulariter congregati sub suo sigillo ac sigillo dicti capituli et eorum subscriptioni-
bus manualibus Dilecto nostro Eicardo Brovne suo fratri et Elizabeth Arnote sue
sponse et ipsorum alteri diucius viventi et heredibus suis rnasculis inter ipsos legit-
time procreatis seu procreandis de omnibus et singulis terris de ester Fordale cum
molendino Blastrowe et cot townis cum suis pertinentiis quibuscumque jacentibus in
baronia de Dunkeld infra vicecomitatum nostrum de Pertht de mandato nostro visam
lectam inspectam et diligenter examinatam sanam integram non rasam non cancellatam
nee in aliqua sui parte suspectam ad plenum intellexisse sub hac forma Omnibus hanc
cartam per modum indenture cirographizatam visuris uel audituris Georgeus Dei et
apostolice sedis gratia Episcopus Dunkeldensis eternam in domino salutem Sciatis

APPENDIX. 91

nos cum consensu et assensu capituli nostri in capitulo nostro capitulariter congregati
assedasse seu dedisse concessisse et ad feodifirmam dimisisse necnon et hac presenti
carta nostra indentata imperpetuum coniirmasse dilectis nostris Eicardo Brovne fratri
nostro et Elizabeth Arnote sponse sue et eorum diucius viventi et heredibus masculis
inter ipsos legittime procreatis seu procreandis omnes et singulas terras nostras de
Estir Fordale cum molendino Blastrowe et Cotownis ac cum vniuersis suis pertinentiis
quibuscumque jacentes in baronia nostra de Dunkelden et infra vicecomitatum de
Pertht Tenendas et habendas omnes et singulas prenominatas terras de Estir Fordail
molendinum eiusdem Blastrowe Cotownis cum pertinentiis predictis Eicardo et Eliza-
beth eius sponse et eorum diucius viuenti et heredibus masculis inter ipsos legittime
procreatis seu procreandis de nobis et successoribus nostris coniuncto in feodofirma et
hereditate imperpetuum quibus forte deficientibus nobis et successoribus nostris libere
et sine dimcultate reversuras per omnes rectas metas suas antiquas et divisas prout
jacent in longitudine et latitudine ex omni parte In boscis planis moris marresiis viis
semitis aquis stagnis rivolis pratis pascuis et pasturis molendinis multuris et eorum
sequelis aucupationibus venationibus piscationibus petariis turbariis carbonariis
lapicidiis lapide et calce fabrilibus brasinis brueriis et genestis cum curiis et earum
exitibus herezeldis bludwitis merchetis mulierum cum communi pastura libero introitu
et exitu necnon cum omnibus aliis et singulis libertatibus commoditatibus et asia-
mentis ac justis pertinentiis suis quibuscumque tarn non nominatis quam nominatis
tarn subtus terra quam supra terram tarn procul quam prope ad predictas terras cum
suis pertinentiis spectantibus seu juste spectare valentibus quomodolibet in futurum
libere quiete plenarie integre bene et in pace sine retinemento vel revocatione aliquali
Faciendo inde nobis et successoribus nostris dictus Eicardus et heredes sui masculi
homagium et servicium Ac reddendo inde annuatim dicti Eicardus et Elizabeth et
eorum diucius vivens heredes sui masculi supradicti nobis et successoribus nostris
Episcopis Dunkeldensibus quadraginta mercas annui redditus usualis monete Scocie
ad duos anni terminos usuales festa viz. penticostes et sancti Martini in hieme per
equales porciones ac servicia debita et consueta necnon tres sectas ad tria placita
capitalia baronie nostre de Dunkelden tantum pro omni alio onere servicio seculari
exactione seu demanda que de dictis terris cum pertinentiis per quoscumque juste
exigi poterunt quomodohbet vel requiri Et nos vero dictus Georgeus Episcopus et
successores nostri cum consensu capituli nostri omnes et singulas prenominatas terras
de Fordal Estir molendinum Blastrowe et Cotownis cum universis suis pertinentiis
predictis Eicardo et Elizabeth et eorum diucius viventi et heredibus suis masculis
inter ipsos legittime procreatis seu procreandis tantummodo ut predictum est in omni-
bus et per omnia contra omnes mortales varantizabimus acqirietabhnus et imperpetuum
defendemus In cujus rei testimonium Sigillum nostrum attenticum unacum sigillo
capituli nostri presentibus est appensum apud Dunkelden decimo nono die mensis
Julij anno domini millesimo quadringentesimo nonagesimo tertio Coram hiis testibus
magistris et dominis Jacobo Alerdes preposito Sancti Andree Jacobo Brovne decano
Abberdonensi, Johanne Bonkil vicario de Lundeiff, Waltero Ernot et Thoma Keir
notario publico cum diversis aliis Quamquidem cartam ac donationem concessionem

92 APPENDIX.

et ad feodifirme dimissionem in eadem contentas in omnibus suis punctis efc articulis
conditionibus et modis ac circumstanciis suis quibuscunque forma pariter et effectu
in omnibus et per omnia approbamus ratificamus et pro nobis et successoribus nostris
ut premissum est pro perpetuo confirmamus Saluis nobis et successoribus nostris dicti
Reverendi patris et suorum successorum omnium suffragiis devotarum de dictis terris
et molendino cum pertinentiis ante presentem nostram confirmationem debitis et con-
suetis In cujus rei testimonium presenti carte nostre confirmations magnum sigillum
nostrum apponi precepimus Testibus Roberto archiepiscopo Glasguensi, Archibaldo
comite Angusie domino Douglas, caneellario nostro, Patricio comite de Bothuile
domino Halis, Alexandro domino Hume, magno camerario nostro, Roberto domino
Lile, Johanne domino Glammys, justiciariis nostris, Andrea domino Gray, rnagistro
hospitii nostri, Georgeo abbate de Dunfermlynge, Henrico abbate de Cambuskynneth,
thesaurario nostro, et dilectis clericis nostris, magistris Ricardo Mwrhed, decano Glas-
guensi, secretario nostro, et Johanne Fresale decano de Lestalrig, rotulorum nostrorum
et registri ac consilii clerico. Apud Striveling decimo nono die mensis Septembris
anno domini millesimo quadringentesimo nonagesimo tercio, et anno regni nostri
quinto.1

1494. December 11. In presens of the lordis auditours, chancellare and Comp-
trollour, George, bischop of Dunkeldene, producit this letter underwrittin in maner
and forme as efter followis — that is to say, Chancellare, lords of Cessioune, and audi-
tours of our chekker, we charge yow that ye decist and cess of all calling of ane
Reverend faider in God, and our traist Consalour George, bischop of Dunkeldene,
anent the landis of Mukkersy, on to the tyme that he be callit in our presens, Swa
that We may sit and se that Justice be ministerit in the said matter. Subscrivit
with our hand at our abbay of Halyrud house the xj day of December, and of our
regne the vij yere : Apoun the presentatioun of the quhilk letere, and discharge the
said bischop of Dunkeldene askit ane not.

John Arnot of that Ilk married Marjory, daughter of John Boswell of Balmuto,
and had — John, his successor. Walter Arnot of Balbarton. Florence, married Sir
John Rattray of that Ilk, and was mother of Grizel, Countess of Athole. Elizabeth,
married William, Lord Sempill. Helen, married Thomas Douglas of Annacroigh.

John was killed in a fight for some cattle at Bogiebushes by Livingstone of
East Wemyss, who was taken prisoner, which events gave rise to a deadly feud, which
long subsisted between the families ; his widow married Sir Thomas Sibbald of Bal-
gonie, Treasurer of Scotland, and was by him mother of Elizabeth, Countess of Angus.

" Walter, the only brother of the Laird of Arnot, acquired the lands of Bal-
barton, to which his son William succeeded. William, by Matilda Johnston his wife,
left two daughters co-heiresses, the eldest, Elizabeth, was first married to Brown of
Fordell, who got with her the mansion-house and half the lands of Balberton. She
was afterwards married to Sir Robert Colvil of Hiltown, and from this marriage are

1 Reg. Mag. Sig., xiii. 129.

RATTRAY of that Ilk.
(County Perth.)

Azure, a Fess between six Cross Crosslets fitchee or.

(Illuminated MS. of Sir David Lindsay, Lyon King
of Arms, A.D. 1542.)

SCOTTS fEROU^OH EDINBURGH

APPENDIX. 93

descended the Lords Colvil, both of Culross and Ochiltree. The second, Helen, was
married to Archibald Dundas of Fingask, who got by her the other half of the lands
of Balberton. But Fingask conveyed his share of these lands to Brown of Fordell."
— MS. Genealogy of the Arnots.

Precept for Confirmation by King James the Sixth, of charter granted by the
late John, Earl of Mortoun, as superior, to the late William Arnot, son and heir of
the deceased Walter Arnot of Balbartane, and to Matilda Johnstoun his spouse, in
conjunct fee, and to the heirs gotten or to be gotten between them, of the lands of
Wester Balbertane, lying in the constabulary of Kinghorn, barony of Aberdour, and
shire of Fife, following on resignation thereof by the said Walter Arnot and Janet his
spouse, reserving their own liferent : confirming also the sasines which followed
thereon, and to the heirs of the said William, and especially the sasiue given to John
Brown of Fordell, of one-half of the said lands, with the manor thereof, to which he
succeeded by lineal descent as heir by progress of the elder of the two daughters of the
said William Arnot : and the sasine given to Archibald Dundas of Fyngask, of the
other half thereof, as heir by progress of the younger daughter of the said William ;
together with the infeftments in their favour ; and of new confirming the right of the
said John Brown, in consideration of his faithful and thankworthy service to the
king. Dated at Edinburgh, 6 May 1581. — Reg. Sec. Sig., Lib. xlvii. fol. 123.

Carta Confirmations quondam Willelmi Arnote et sui Sponse. 1

Jacobus Dei gratia Rex Scotorum Omnibus probis hominibus totius terre sue
clericis et laicis salutem Sciatis nos quandam cartam per quondam nostrum con-
sanguineum Joannem comitem de Mortoun dominum de Dalkeith, etc. Superiorem
terrarum subscriptarum factam quondam Willelmo Arnote tunc filio et heredi
apparenti quondam Walteri Arnote de Balbarton inter ipsum et Jonetam suam
sponsam procreato ac Matilde Johnnestoun sponse dicti quondam Willelmi eorunt-
que alteri diutius viuenti in coniuncta infeodatione et heredibus inter ipsos legitime
procreatis seu procreandis Quibus deficientibus legitimis et propinquioribus heredi-
bus dicti quondam Walteri quibuscunque de totis et integris terris de Wester
Balberton cum pertinenciis jacentibus infra constabulariam de Kinghorne in baronia
de Abirdour et infra vicecomitatum nostrum de Fyff Que tunc prefatis quondam
Waltero et Jonete sue sponse hereditarie pertinuerunt Et per ipsos in manibus dicti
quondam comitis tanquarn in manibus eorum superioris earundum vt moris est in
similibus resignate fuerunt Et tunc per dictum quondam comitem per dictam suam
cartam prefatis quondam Willelmo et Matilde sue sponse in coniuncta infeodatione
eorumque heredibus prescriptis iterim date et concesse erant Eeseruato tamen libero
tenemento earundem prefatis quondam Waltero et Jonete sue sponse pro eorum vite
diebus Tenendis de dicto quondam comite suis heredibus et successoribus : de mandate
nostro visam lectam inspectam et diligenter examinatam sanam integram non rasam

1 Reg. Mag. Sig., xxxv. 389.

94 APPENDIX.

non cancellatam nee in aliqua sui parte suspectani ad plenum intellexisse sub hac
forma : Omnibus hanc cartam visuris vel audituris Joannes comes de Mortoun
dominus de Dalkeith, etc., salutem in domino sempiternam Noueritis nos dedisse
concessisse et hac presenti carta nostra confirmasse necnon dare concedere et tenore
presentis carte nostre confirmare dilectis nostris Willelmo Arnote filio et heredi
apparenti Walteri Arnote de Balbertane inter eum et Jonetam eius sponsam pro-
creato et Matilde Johnestoun sponse dicti Willelmi ac eorum alteri diutius viuenti
in coniuncta infeodatione Totas et integras terras de Wester Balbertane cum per-
tinentiis jacentes infra constabulariam de Kingorne in baronia nostra de Abirdour
et infra vicecomitatum de Fyff Quequidem terre cum pertineutiis fuerunt dicti
Walteri et Jonete sue sponse hereditarie Et quas idem Walterus et Joneta non vi
aut metu ducti nee errore lapsi, sed suis meris puris et spontaneis voluntatibus in
manibus nostris vt in manibus domini superioris earundem apud Edinburgh per
fustim et baculum et suos procuratores ad hoc legitime constitutes ac suas literas
patentes sursum reddiderunt pureque et simpliciter resignarunt ac eorum quilibet
sursum reddidit pureque simpliciter resignavit Ac totum jus et clameum que in
dictis terris de Wester Balbertane cum suis pertinentiis habuerunt seu habere potu-
erunt pro se et heredibus suis omnino quieteclamarunt et eorum quilibet quiete-
clamavit imperpetuum Tenendas et habendas Totas et integras predictas terras de
Wester Balbertane cum pertinentiis predictis Willelmo Arnot et Matilde Johnnestoun
sue sponse et eorum alteri diucius viuenti in coniuncta infeodatione et heredibus
inter ipsos legitime procreatis seu procreandis Quibus forte deficientibus veris legi-
timis et propinquioribvis heredibus dicti Walteri quibuscunque de nobis heredibus et
successoribus nostris in feodo et hereditate imperpetuum Per omnes rectas rnetas suas
antiquas et diuisas prout jacent in longitudine et latitudine In domibus edificiis
boscis planis moris marresiis viis semitis aquis stagnis riuolis pratis pascuis et pas-
turis aucupationibus venationibus piscationibus petis petariis carbonibus carbonariis
columbis columbariis cuniculis cuniculariis siluis nemoribus et virgultis fabrilibus
brasinis brueriis et genestis Cum curiis et earum exitibus amerchiamentis bluidwitis
herezeldis et mulierum merchetis Cum communi pastura libero introitu et exitu Ac
cum omnibus aliis et singulis libertatibus commoditatibus proficuis et asiamentis ac
justis pertinentiis suis quibuscunque tarn non nominatis quarn nominatis tarn subtus
terra quam supra terram procul et prope ad predictas terras de Westerbalbertane
cum pertinentiis spectantibus seu juste spectare valentibus quomodolibet in futurum
libere quiete plenarie integre honorifice beue et in pace sine aliquo retinemento reuo-
catione aut obstaculo aliquali et adeo libere quiete plenarie honorifice bene et in pace
In omnibus et per omnia sicut dictus Walterus et prefata Joneta sua sponsa aut
eorum aliquis prefatas terras cum pertinentiis de nobis aut predicessoribus nostris
ante presentem resignationem nobis inde factam liberius tenuerunt seu possiderunt
tenuit seu possedit Beddendo inde annuatim dicti Willelmus et Matilda eius sponsa
et eorum alter diutius viuens et heredes inter ipsos ligitime procreati seu procreandi
Quibus forte deficientibus veri legitimi et propinquiores heredes dicti Walteri quicun-
que nobis heredibus et successoribus nostris quinque marcas vsualis monete regni

DUNDAS OF FINGASK.

(County Perth.)

Argent, a Lion rampant gules armed and langued azure,
in dexter chief a Crescent for difference.

{Funeral Escutcheons in the Lyon Office.)

bCOIT S FFRCUSOt. EDINBURGH

APPENDIX. 95

Scotie ad duos anni terminos consuetos Penthecostes viz. et Sancti Martini in bieme
per equales porLiones medias nomine albefirme tantum pro omni alio onere exactione
questione deiuanda vel seruitio seculari que de predictis terris cum pertiuentiis per
quoscunque iuste exigi poterunt quomodolibet vel requiri. Eeservato tameu libero-
tenemento predictarum terrarum de Westerbalbertane cum pertiuentiis dictis Waltero
et Jonete sponse sue et eorum alteri diucius viuenti pro toto tempore vite eorundem
Et nos vero dictus Joannes comes de Mortoun dominus de Dalkeitli heredes nostri et
successores Totas et integras predictas terras de Westerbalbertane cum suis pertiu-
entiis predictis Willelmo et Matilde sue sponse ac eorum alteri diutius viuenti in
coniuncta infeodatione et beredibus inter ipsos legitime procreatis seu procreandis
Quibus forte deficientibus veris legitimis et propinquioribus beredibus dicti Walteri
quibuscunque adeo libere et quiete in omnibus et per omnia forma pariter et effectu
vt prescriptum est contra omues mortales warrantizabimus acquietabimus et imper-
petuum defendemus. In cuius rei testimonium sigillum nostrum presenti carte
nostre est appensum Apud Edinburgh decimonono die meusis Jauuarij anno Domini
millesimo quadringentesimo nonagesimo octauo Coram bis testibus Jacobo Giffert de
Schirefhall, Joanne Cockburn filio et berede apparente domino de Ormestoun, Willelmo
Douglas de Moffet et domino Willelmo Henrisoun capellano et Joanne Ireland nota-
riis publicis cum diuersis aliis Quamquidem cartam vnacum omnibus sasiuis abbinc
super dicta carta et postea heredibus et successoribus dicti quondam Willelmi de pre-
fatis terris cum pertiuentiis datis et concessis Et presertim sasinam datam Joauni
Broun de Fordell de vna dimedietate dictarum terrarum cum manerie earundem in
qua per linealem discensum tanquam heres per progressum senioris duarum filiarum
dicti quondam Willelmi Amote successit Ac sasinam datam Arcbibaldo Dundas de
Fingask de altera dimedietate dictarum terrarum iu qua ipse per linealem discensum
tanquam beres per progressum junioris duarum filiarum dicti quondam Willelmi suc-
cessit Et similiter infeofamenta et sasinas abbinc per dictum Arcbibaklum de sua
dimedietate prefatarum terrarum dicto Joanni Broun facta et concessa Prout in huius-
modi iufeofamentis et sasinis latius continetur In omnibus suis punctis et articulis
conditionibus et modis ac circumstauciis suis quibuscunque In omnibus et per omnia
forma pariter et effectu vt premissum est approbamus ratificamus ac pro nobis et suc-
cessoribus nostris pro perpetuo confirmamus Saluis nobis et successoribus nostris
juribus et seruitiis de prefatis terris cum pertinentiis nobis et predicessoribus nostris
ante presentem nostram confirmationem debitis et consuetis In super pro bono fideli
et gratuito seruitio nobis per prefatum Joannem Broun de Fordell prestito et impenso
volumus et concedimus ac pro nobis et successoribus nostris decernimus et ordinamus
quod dictus Joannes heredes sui et assignati totis et integris prefatis terris cum
manerie pendiculis et pertinentijs earundem tanquam sue proprietati ad eorum libi-
tum voluntatis omni tempore affuturo gaudeant et possideaut absque vllo jure clameo
seu titulo per nos aut successores nostros ratione cuiusuis criminis defectus seu defec-
tionis subsequuti seu subsequendi ob quodcunque factum seu occasionem sui superi-
oris presenti aut affuturi dictarum terrarum earundemue alicuius partis petentis
exigentis seu requirentis Eenuuciando et exonerando eisdem pro nobis et successoribus

96 APPENDIX.

nostris prefato Joanni snis heredibus et assignatis Cum pacto de non petendo Ac cum
supplemento omnium defectuum tarn non nominatorum quam nominatorum quos
tanquam quo expressis in hac presenti carta nostra habere volumus Et similiter pro
nobis et successoribus nostris decernimus et ordinamus quod hec presens nostra con-
tirmatio tanti erit valoris roboris efficatie et effectus prefato Joanni suis heredibus et
assignatis pro gauisione et possessione proprietatis dictarum terrarum omni tempore
affuturo acsi eadem confirmatio in principio super prefata prima carta et ante sasine
desuper sumptionem ac ante ceterarum sasinarum postea sequentium sumptionem
data et concessa extitisset super quo ac omnibus defectibus et impedimentis que inde
sequi poterint nos pro nobis et successoribus nostris per presentes dispensamus In
cuius rei testimonium huic presenti carte nostre confirmationis magnum sigillum nos-
trum apponi precepimus Testibus vt in aliis cartis consimilis date precedentibus Apud
Edinburgh sexto die mensis Maij anno domini millesimo quingentesimo octuagesimo
primo Eegnique nostri anno decimo quarto.

Out of Inventar of Fordell Broun's which Earl Balcarres hath.1

Precept be James, Earl of Morton, for seising of Walter Amot in the lands of
Balbarton. Novr. 2, 1486.

Resignation be Walter Arnot in the superior's hands for infefting his son
William Arnot in Balbarton. July 4, 1497.

2. Sasine of the said lands of Balbarton Wester. Janr. 24, 1498.

1. Chartour be John, Earle of Morton, to Wm. Arnot of the haill lauds of
Wester-Balbarton to be holden of the said Earle. 19th Janr. 1498.

Eenunciation of a Eeversion by John de Douglas de Morton, knight, son and
apparent heir to James, Earl of Morton, of the lands of Wester-Balbarton. Att
Edinburgh, 12th Jun. 1493.

Discharge be George, Bishop of Dunkeld, to Richard Brown, his brother, of all
accounts and reckonings betwixt them. 15th March 1491.

Gift be the King to David Brown of Finmonth, of the ward and marriage of
John Brown of Fordell. Jan. 12th, 1596. David is unkle to John, as a recept of
Wreats, 2d Novr. beares.

C. Confirmation be Thomas, Abbot of Jedburgh, of an infeftment of the lands
of Craignathro be John Shear to Alexr. Shear, his son. Deer. 18, 1494.

Sasin of Eobert Brown of the lands of Craignathro. Augt. 6th, 1515.

Eesignation be Elizabeth Shear of the lands of Craignathro, in Abbot of Jed-
burgh's hands, in favour of Robert Brown. 26th July 1515.

Two chartours be Ard. Dundas of Fingas, of the half blench lands of Wester-
Balbarton, to John Brown of Fordell in Perthshire : the ane to be holden of himself,
and the other of the superior. Att Burlie, 1st Novr. 1569.

Sasine to John Brown of Fordell of the half lands of Wester-Balbarton upon
James Earle Morton's precept. Oct. 29, 1555.

1 Sir James Balfour's mss. in Advocates' Library, 34 G '24, p. 255.

FOULIS OF COLINTON.

(County Edinburgh, Baronet.)

Argent, three Laurel leaves slipped vert.
{Lyon Register.)

5 COIIi fEHCUSOH EDINBURGH

APPENDIX. 97

C. be William, Earl of Morton, to John Brown of Fordell, then son and
apparent heir to said John, the older, of the haill lands of Wester-Balbarton. At
Edinburgh, March 2 2d, 1588.

Charter1 by George, Bishop of Dunkeld, to Pilchard Brown, "our brother," and
Elizabeth Arnot his wife, and their heirs male, of the lands of Easter Fordell, mill
thereof, Balstrowe, and the Cottouns in the barony of Dunkeld : dated, 9th July 1493.
James Brown, Dean of Aberdeen, is a witness.

Katheeine Brown and Mr. James Foulis.

Crown Charter confirming charter by William Cunningham, Master of Glen-
cairn, knight, lord of the barony of Beidhall, to Mr. James Foulis of Colintoun, Clerk
Register, and Katherine Brown, his spouse, of the lands of Swanstoun, etc., in the
said barony and shire of Edinburgh. At Edinburgh, 4th May 1538, confirmed at
Edinburgh 8th day of said month and year — Reg. Mag Sig., Lib. xxvi. No. 134.

IX. Robert Brown of Fordell'.

Myln's Lives of the Bishops of Dunkeld, pp. 53, 54.

Funeral Escutcheons in the Lyon Office.

General Register of Deeds, vol. 35, folio 264 : " 12th May 1591— Obligation by
James Broun, brother-german to John Broun of Fordell, to his ' guid freind,' James
Tarbet, writer, for 25 bolls of victual in security of 50 merks. At Edinburgh, 2d
February 1589-90."

Crown Charter of Confirmation, dated at Edinburgh 17th April 1550, of a
charter by James Ogilvy of Lawes, brother-german of Alexander Ogilvy of Clovay,
to John Ogilvy of Alith, and Elizabeth Broun, his spouse, in conjunct fee, and their
heirs, whom failing to the heirs of the said John whomsoever, of the third part of
the lands of Balharry, in the barony thereof and shire of Perth : held of the Crown
in feu and heritage. At Kirimure, 11th March 1549 — Reg. Mag. Sig., Lib. xxx.
No. 478.

March 14, 1554. Comperit Margaret Broun, relict of vmquhile John Spens of
Condy, and schaw and opponit that hir said husband being laitlie deceissit, quha
and sche hes twa dochteris, callit Jonet and Marioun Spens, lauchfull dochteris
gottin betwix thame, quhilkis ar of les aige and infantis, and hes diuers and syndry
actionis to persew, and therfor desyrit the lordis to git thame curators ad lites et
negotia, etc. And the saidis lordis, at the desire of the said Margaret Broun, hes
givin and grantit to the saids bairnis Jhone Broun of Eister Fordell, hir broder, and
Maister William Schaw, Provest of Abirnetty, her moder broder, and Andro Eollok of
Duncrub, conjunctlie in a matouris ad lites : quhilkis Jhone and Maister William and
Andro, maid fayth in presens of the saidis lordis, that thai suld lelelie and treulie
minister in the said office induring the minoritie of the saidis bairnis, etc. — Rooks
of Sederunt, vol. i. fol. 99.

1 Sir James Balfour's mss. in Advocates' Library, 346'24, p. 240.

98 APPENDIX.

Contract between Andrew Eollok of Duncrub, John Brown of Easter Fordell,
and Mr. William Schaw, Provost of Abernethy, as curators to Janet and Marion
Spens, daughters and heirs of the deceased John Spens of Condy, and on behalf of
the said wards, on the one part, and Mr. John Spens, son of the deceased James
Spens of Condy, on the other part, narrating a previous contract, in virtue of which
the said deceased John Spens, became bound to resign the lands of Condy, with
manor place, etc., in the hands of Patrick lord Urchany, superior, for new infeftment
in favour of the resigner and the heirs male of his body, whom failing, to the said
Mr. John Spens and the heirs male of his body ; according to which contract, and
decreet following thereon, the said curators, on behalf of the said Janet and Marion,
agree to resign the said lands in favour of the said Mr. John Spens as now the heir
male, who, in terms of the contract above recited, becomes bound to pay to each of the
said ladies 500 rnerks of marriage portion, for which John Quhyte of Easter Lumbanies
and David Balfour, Inchery, become sureties. Dated at Edinburgh, May 1555.

X. John Broun, Third of Fordell.

Bond by John Quhyte of Lumbaneis Eister, to Katherine Mailuile, spouse
of John Brown of Eister Fordale, warranting to her the half of the lands of
Balhabroun in the Barony of Eister Elcho and shire of Perth, in liferent. At Edin-
burgh, 18th January 1554-5 ; registered same day. — General Register of Deeds,
vol. i.

Bond by John Moubray of Barnebowgall, showing that the west quarter of the
lands of Alway in the shire of Clakmanane, which pertained before to Katherine
Mailuile, relict of Eobert Quhyte, and now spouse to John Broun of Fordale in liferent,
and to John Quhyte of Eister Lumbaneis, as brother and heir of the said Eobert, in
heritage, being now by him redeemed from Katherine for 1000 merks by
Menteth of the Kerse, and that the said sum now pertains to the said Katherine in
liferent, and to the said John Quhyte after her decease, therefore the said John
Moubray becomes cautioner to the said John for the said sum, and John Broun
becomes bound to relieve the said cautioner. At Edinburgh, 17th January 1554-5 ;
registered following day. — Ibid.

Discharge by John Quhyte of Lumbaneis Eister to John Broun of Fordale,
last spouse of the deceased Katherine Mailuile, for 500 merks, as part payment of
1000 merks for which John Moubray of Barnebowgal was cautioner. At Edinburgh,
27th October 1558 ; registered following day. — Ibid. vol. iii.

Marriage-Contract between John Brown of Fordell and Katherine Boswell.

Dated 1st February 1561-2.

At Balmowto the first day of Februar the yeir of God jmvc thre scoir ane
yeris, it is appointit, agreit, and fynalie contractit betuix the honorable parties vnder
wrettin, that is to say, David Boiswell, of Glasmont, for himself, and takand the
burding vpoun him for Cathrine Boiswell his lauchtfull dochter on that ane part,

APPENDIX. 99

and Johnne Broun of Fordall on that vther part, in maner, forme, and effect as efter
followis, that is to say, the said Johnne Broun sail, God willing, marie and tak to his
spowsit wyff the said Katherine Boiswell, and solempnizat the hand of matrimonie
with her in face of haly kirk, betuix the dait heirof and the xv day of Februar
iustant ; and the said Johnne Broun sail, befoir the completing of the said mariage,
infeft the said Katherine his spous future, in hir virginite, in lifrent for all the dayis
of hir lyftime, titulo oneroso, with clauses of warrandice as efferis, in all and haill
his half of the landis of Balbartane Wester, with thair pertinentis, perteining to him
in heretage, Hand within the schirefdome of Fyf, to be haldin of the said Johnne
Broun and his airis in fre blance ferme duriDg hir lyftyme foirsaid, for payment
yeirlie thairfoire to the Erie of Mortoun and his successouris, superiouris of the saidis
landis, of the soume of xxxiii9 iiiid for blance aucht to him of the samyn, and to the
said Johnne Broun and his airis twa penneis in name of blanch, and gef neid beis
sal infeft the said Kathereine in lyfrent of the foirsaidis landis, to be haldin of the
superiour thairof foirsaid, be resignatioun or confirmatioun, as the said Dauid best
plesis, and that vpoun the expensis of the said Dauid and his airis ; and the said
Johnne Broun obleisses him and his airis to entir and put the said Katherein Bois-
weill in possessioun of hir liferent of the saidis landis of Balbartane foirsaid, swa that
sche may occupy and labour the samyn at hir awin plesour, in caiss it sail happin
hir to leif efter the said Johnne Broun : For the quhilk causes, the said Dauid
Boswall of Balmoto bindis and oblissis him, his airis, executouris, and assignais, to
content and pay to the said Johnne Broun of Fordall, his airis, executouris, and
assignais, the soume of jm pundis usuall money of Scotland, tocher gud, with the
said Kathereine Boswall his dochter, haill and togidder in ane soume, betwix the
dait and day of the said mariage and the feist of Witsonnday next thairefter, to be
vsit and warit in maner following : That is to say, the said Johnne Broun sail lay
and eik to the samyn the soum of ane thousand merkis, niakand in the haill togidder
the soume of twenty-five hundreth merkis, and wair the samyn vpoun land quhair it
may gudle be had, for infeftment and seising to be obteinit and gottin thairof to the
said Johnne Broun, Katherine Boswell his spous, and the langer levand of thame
twa in conjunct infeftment, and to the airis lauchtfullie gottin or to be gottin betwix
thame, quhilkis failzeing to the said Johnne Brounis nerrast and lauchtfull airis
qukatsunieuir : And siclik the said Johnne Broun bindis and oblisis him and his
airis to lay and ware the soume of ane othir thousand merkis vpoun land quhair it
may be had and gottin for infeftment thairof to the said Johnne Broun and to the
airis lauchtfullie gottin or to be gottin betwix him and the said Kathereine, quhilkis
failzeing to the said Johnne Brounis nerest and lauchfull airis quhatsumeuir, the
foirsaid first soume of twenty-five hundreth merkis to be waret be the said Johnne
and his airis to the effect foirsaid betwix this and the feist of Witsounday next
efter the said mariage be completit, or within thre monethis thairefter, as he sal be
requireit be the said Dauid Boswell or his airis, or sine gef landis salhappin to be had
and gottin for the said soume to be waret vpoun, and the foirsaid last thousand merkis
to be waret and laid vpoun land to the effect foirsaid within twa yeris next efter that

100 APPENDIX.

airis be lauchtfullie gottin betwix the said Johnne and the said Katherene, and the
premisis to be donne and waret be the awyss and consent of the said Dauid Boswell
and the foirsaid soumes respective, being warit vpoun landis and infeftinentis obtenit
thairvpoun in maner foirsaid, the said Johnne Broun bindis and oblisses him and his
airis that he on na wys sal annally dispone or put away the foirsaidis conquest landis,
or put vtheris in fie or title therof, to the effect the samyn may succeid efter his
deceiss to the airis to be gottin betwix him and the said Katherine, scho browkand
hir lyfrent of swa mekle as scho beis infeft in, as is foirsaid, and gef thair beis na
airis lauchtfullie gottin betwix thame, the saidis landis to succeid and com to the said
Johnne Brounis neirast and lauchtfull airis quhatsumeuir : And for sure obseruing,
keping, and fulfilling of this present contract and every point thairof, ayther of the
saidis parteis are faythfullie bundine, obleist, and sworne to utheris ; and for the mair
securitie, bayth the said parteis hes consentit and is content that this present con-
tract be actit and registrat in the bukis of Counsale, and decernit to haue the strenth
of ane decreit of the Lordis thairof, with executoriallis of horning or poinding to be
directit thairvpoun in forme as efferis ; and to that effect the saidis parteis constitutis
discret men, Maisteris Thomas Makcalzeoun, Johnne Spens, George Strang, Bichert
Strang, Alexander Sym, conjunctlie and seuerallie, for acting thame in the saidis
bukis of Counsale : In witness of the quhilk thing, bayth the saidis parteis hes sub-
scrivit this present contract with thair handis day yeir and place foirsaidis, befoir thir
witnesses, Michael Balfour, fear of Innerquhany, Maister Hercules Balrame, Henrie
Cockburne, Alexander Craufurd, Andro Nevyne, Johne Boswell, Alexander Boswell,
William Condy, Johne Ker. Sic subscribitur, Dauid Boswell of Glesmont. John
Broun of Fordall — Reg. of Deeds, vol. v. p. 96.

Discharge by John Brown of Fordell and Katherine Boswell, his spouse, to
William Kirkcaldy of Grange, knight, for £2000, due by him to them, and obtained
by apprizing from him his lands of Fynmont. Dated at Fordell 4 May 1567, the
witnesses being George Boswell, Gavin Douglas, James Broun, and Bobert Broun.
— Ibid. vol. ix.

Obligation by William Kirkcaldy of Grange to John Broun of Fordel and
Katherine Boswell, his spouse, warranting to them the undisturbed possession of the
lands of Finmont, notwithstanding that they had obtained them by apprizing for
£2000. At Edinburgh, 11 November 1567. Witnesses: David Carnegy of Col-
luthy, etc. Begistered 23 November 1569. — Ibid. vol. xi.

July 7, 1576. — Johne Browne in Fitkenny is on an assise. — Sheriff Court
Records of Fife.

May 11, 1577. — Summonds of removing Alexander Maistertoun of Eister Bal-
theidlokis, and Katherine Broun, his spouse, against tenants of said lands. — Ibid.

March 30, 1585. — Obligation by John Douglas in Kennestoun, to John Broun
of Fordel, for 560 merks, dated 10 April 1584. Witnesses: David Boswell of Gait-
milk, and Andro Lundy of Condolane. — Gen. Reg. of Deeds, vol. xxiv.

LUNDIN OF CONLAND.

(County Fife.)

Quarterly, First and Fourth, Pale of six gules and argent,
on a Bend azure three Cushions of the second, for
Lundin ; Second and Third, argent, a Cross Moline
gules square pierced, for Sibbald.

{Illuminated MS. of Sir David Lindsay, Lyon King of Arms})

10TT J ftrtCU33N fDlKBURC*

APPENDIX. 101

October 28, 1585. — Ane Letter maid to Johnne Broun of Fordell, his airis and
assignais, ane or niaa off the gift of the eschete of all guidis, geir, coirnis, eattell,
insicht plenissing, dettis, actis, contractis, obligationis, actionis, decreittis, gold, sillier,
cunzeit and vncunzeit, jowellis, takis, stedingis, rownies, possessionis, and vthiris
movabill guidis quhatsunievir quhilkis pertenit to James Broun, brother germane to
Johnne Broun of Fordell, and now pertenyng to oure souerane loird, fallin and becumin
in his hienes handis, and at his dispositioun, be reassoun of escheit, throw being of
the said James Broun ordourlie denunceit oure souerane loirdis rebell and put to his
hienes home, be vertew of his graces letters raisit at the instance of Mr. Andro Clay-
hillis, minister at Jedburgh, and Dauid Home, minister at Durnbar, ffor non payment
to thame respective of thair stipendis of certane yeiris bygane as the saidis letters and
executionis of horning thairvpoun at lenth proportis, or throw his being put to the
home at the instance of quhatsumevir vthir personis for ony ciuill actionis bygane.
With power, etc. At Striuiling the xxviij day of October the yeir of God jmvc foure
scoir fyve yeiris. v merkis. Per signaturam. — Reg. Sec. Sig., Lib. lii. fol. 189-

Confirmation of Charter by Alexander, cornmendator of Culross, to Alexander
Gaw of Maw, and Janet Broun, his spouse, of a piece of land called " the Cistrenis,
or Park ; " also a mansion or house adjacent thereto, and other tenements, lying in
the lordship of Culross and shire of Perth. Dated at the Abbey of Culross 30th
March, and confirmed at Falkland 30th June 1587. — Reg. Mag. Sig., Lib. xxxvh.
No. 146.

Confirmation of Charter by David Wemyss of that Ilk to Alexander Gaw of
Maw, and Janet Broun, his spouse, in conjunct fee, of the half of the lands of Maw :
holding from the granter, and of the Crown. Dated at Wemyss 3d, and confirmed
at Edinburgh 7th, March 1588.— Ibid. Lib. xxxvii. No. 147.

Charter in favour of Andrew Lundie of Condland and Elizabeth Brown, his
spouse, and their heirs, etc., of the lands of Condland, Drum, Wester Condland, etc.,
in the shire of Fife, and Midlairis in the shire of Aberdeen, by annexation in Fife, all
united into the barony of Condland ; held of the Crown for the usual services. At
Holyrood, 22d December 1591. — Reg Mag. Sig. (from Nisbet's Heraldry).

30 June, 1600. — The Testament dative and inventar of the gudis, geir, sowmes
of money, and dettis pertening to vmquhile Katherene Boiswall, sumtyme spous to
Johne Broun of Fordell, within the parochin of Forgandynney and Scherefdome ef
Perth, the tyme of hir deceis, quha deceissit in the moneth of September, the yeir of
God jmvclxxxxix yeiris, ffaythfullie maid and gevin vp be Mr. Robert Broun, thair
sone, onlie executour dative surrogeit to his said vmquhile moder, in place of the
procuratour fischal, be decreit of the commissar of Edinburgh, as the samyn decreit
of the dait, at Edinburgh, the xxvij day of Junij, the yeir of God jmvj° yeiris, at
lenth proportis, —

In the first, the said vmquhile Katrene Boiswall and her said spous had the
gudis, geir, sowmis of money, and dettis of the awail and pryces efter following

102 APPENDIX.

pertening to thame the tyme of hir deceis foirsaid — viz., Item, in the barnes and
bamezairdis of the raanis of Fordell, xiij scoir, tuelfe bollis of aitltis, price of the boll
with the fodder, iiij11 xiij s. iiij d. ; summa, jmijclxixh vj s. viij d. Item mair, in the said
barne and barnezaird, Ixiiij bollis beir, price of the boll with the fodder, vh vj s. viij d. ;
summa, iijcxlju vj s. viij d. Item mair, in the said barne and barnezaird, xij bollis
quheit, price of the boll with the fodder, viiju ; summa, lxxxxvj1'. Item mair, in the
said barne and barnezaird, thrie bollis of peis, price of the boll with the fodder,
vu vj s. viij d. ; summa, xvjh. Item mair, vpoun the said ground and landis,
xx oxin by the airschipe ox, pryce of the pece ourheid, xiij lib. vj s. viij d. ;
summa, ijclxvjh xiij s. iiij d. Item mair, vpoun the said ground and landis, fiftene ky
and ane bull, pryce of the pece ourheid, x lib. ; summa, jclxu. Item mair, vpoun the
said ground and landis of the manis of Fordell, sevin hors and meiris by the airship
hors, pryce of the pece ourheid, xiij lib. vj s. viij d. ; summa, lxxxxiijllb vj s. viij d. Item
mair, vpoun the said ground and landis of the manis of Fordell, vij stottis and quoyis
of twa zeiris auldis, pryce of the pece ourheid, vllb ; summa, xxxv lib. Item mair,
vpoun the said ground and landis of the manis of Fordell, sevin scoir and aucht
auld scheip, pryce of the pece ourheid, xl s. ; summa, ij^lxxxxvj11. Item mair, vpoun
the said ground and landis of the manis of Fordell, xxviij gymmaris and dynmontis,
pryce of the pece ourheid, xxvj s. viij d. ; summa, xxxvijllb vj s. viij d. Item mair, vpoun
the said ground and landis, four scoir ten lambis, pryce of the pece ourheid, xxs. ;
summa, lxxxxllb. Item, vpoun the ground and landis of Bischopehill, sex scoir
wadderis, pryce of the pece ourheid, xlvj s. viij d. ; summa, ijclxxxUb. Item, in
vtenceilles and domicillis, with the abulziementis of her bodie by the airschipe
estimat, to the sowm of j°xxxiij lib. vj s. viij d.

Summa of the Inventar, .... iijmjcxiiiju vj s. viij d.

Follotuis the dettis aivin to the deid.

Item, thair wes awin to the said vmquhile Katherene Boyswall and hir said
spous, be William Broun in Blastrowie, for his fermes resten in anno jmvclxxxxix
zeiris, xxx bollis victuall, thairof ix bollis beir and xxj bollis meill, pryce of the boll
ourheid, vUb ; summa, jcl lib. Item, awin be Jon Kinbothe in Fordellmylne for his
fermes in anno foirsaid, iiij bollis meill, pryce of the boll sauld for iiijhb ; summa,
xvjUb. Item, awand be Thomas Broun in Fordell, jcij pekis beir, resten in anno
foirsaid, pryce of the boll sauld for iiijllb ; summa, iiiju x s. Item, awin be Mitchell
and Bobert Meldrumes in Babartoun, resting for their fermes in anno foirsaid, fourtie-
four bollis victuall, twa pairt meill, and thrid pairt beir, pryce of the boll ourheid
sauld for iiij lib. ; summa, jclxxvju. Item, awin be James Wilsoun in Finmonth for
his fermes resten in anno foirsaid, xliiij bollis victuall, twa pairt meil and thrid pairt
beir, pryce of the boll ourheid, iiij1' ; summa, jclxxvjIlb. Item, awin be Peter Logane
in Aberrargie, iij bollis malt, pryce of the boll, vjUb ; summa, xviijUb. Item, mair
awin be the said Peter Logane, the sowme of xviijllb money. Item, awin be Henrie
Condie in Littil Fildie of bygane fermes, xxiiij bollis meill, pryce of the boll iiijllb ;

APPENDIX. 103

summa, Ixxxxvj1'. Item, awin be Dauid Barclay of Strowie, the sownie of xxxvjUb.
Item, awin be the airis, successouris, executouris, and intromettouris, with the gnidis
and geir of vmquhile Alexander Creichtoun in Forgovmdynneth, the sowme of xx lib.
Item, awin be lard of Balmuto, the sowme of lxvj lib. xiij s. iiij d. Item,

awin be relict of vrnquhile Boiswell, burges of Kirk-

caldie, viij bollis victual, piyce of the boll, vjh ; summa, xlviijllb money.

Summa of the dettis awin to the deid, . . . viijcxxvu iij s. j d.
Summa of the inventar with the dettis, . . . iiju

,m* c.

Folloivis the dettis awin be the deid.

Item, thair wes awin be the said vrnquhile Katherene Boiswell and hir said
spous to Mitchell Balfour, sone to Mr. Henrie Balfour, aduocat, for the inailles and
teindis of Fordell, resten in anno jmvclxxxxix zeiris, the sowme of xlHb. Item, awin to
Mr. George Arnot, for ane zeiris annuelrent furth of the defunctis landis resten in anno
lxxxxix zeris, the sowme of xxvjUb xiij s. iiij d. Item, awin to Dauid Neving, seruand,
for his zeir's fie in anno foirsaid, the sowme of xijh. Item, awin to Andro Greg for
his fie in anno foirsaid, viju. Item, to Jon Balmayne for his fie in anno foirsaid,
vu vj s. viij d. Item, to Bessie Morgall for hir fie in anno foirsaid, iij1'.

Summa of the dettis awin be the deid, . lxxxxiiiju.

Eestis of frie geir, the dettis deducit, . . iijmviij''lvu x s.

To be deuided in thrie partis.
Deidis pairt is ..... jmijc lxxxjllb xvj s. viij d.

Quherof the quot is componit for . . xxyfxiij s. 4d.

We, Mr. Jon Nicolsoun, etc., vnderstanding that efter dew summoning and
lauchfull charging, etc. ; and that nane comperit, we decernit the procuratour fischall
of our said commissarie in executour datiue to hir, and thairefter at the supplicatioun,
etc. Conforme to the quhilk, we, in our souerane lordis name and auctoritie, with
consentis, etc., Qvhairvpon David Broun of Fynmonth is becum cautione, etc. As
ane act maidthairvpon beiris. — Reg. of Testaments, Edinburgh, vol. xxxiv.

Precept for Charter to Mr Bobert Broun, son of John Broun of Fordell, of the
half lands of Muretoun, Pitkany, etc., in the shire of Fife, formerly belonging to John
Boswell of Balmuto, but resigned by him and Isabella Sandelands, his spouse, in
favour of the said Mr Eobert, 19th July 1592.— Reg. Sec. Sig.

Octauo Junij 1602. — In presence of the Lordis of counsall, comperit Mr. Johne
Nicolsoun, procuratour, speciallie constitut for Sir Patrick Murray of Ganies, knycht,
and Andro Murray of Arnegask, and Dauid Murray, maister stabler to his majestie,
cawtionaris for the said Sir Patrik, to the effect efterspecifeit on the ane pairt;
and siclyk comperit Mr. Isaac Broun, procuratour for Johne Broun of Fordell, prin-

104 APPENDIX.

cipall, and David Broun of Fyndrnonthe, his cawtioner on the wther pairt ; and gaif
in the contract underwrittin, subscribit with thair handis, desyreing the same to be
registrat in the buikis of counsall, to haue the strenthe of ane decreit of the Lordis
thairof, with executoriallis to be direct thairvpoun, in maner thairin contenet, the
quhilk desyr the saidis Lordis thocht ressonabill ; And thairfoir hes ordainet and
ordaines the said contract to be insert and registrat in the saidis buikis of counsall :
Decernes the same to haue the strenthe of thair decreit, and ordaines lettres and
executoriallis to be direct thairvpoun, in maner specifeit thairintill, quhairof the tennor
followes : — At the day of jmvclxxx auchtene

yeires, It is appointet, agreit, matrimonialle contractet betuix the rycht honorabill
pairties efter following — to wit, Sir Patrik Murray of Ganeis, knycht, and with him
Andro Murray of Arnegorsk, and Dauid Murray, maister stabler to his maiestie, as
cawttionaris, soverties, and full dettoris for fulfilling of his pairt of the contract under-
writin, on that ane pairt ; and Johne Broun of Fordell for him self, and takand full
burding on him for Isabell Broun, his dochter ; and with him, Dauid Broun of
Fyndmonthe, as cawtionaris, souerties, and full dettoris for him, and for fulfilling of
his pairt of the said contract on the wther pairt, in maner and forme following, and
for fulfilling of his pairt of the said contract, — that is to say, the said Sir Patrik
sail, God willing, marie and tak to spous the said Isabell, and sail solemnizat the
ba,nd of matrimone with hir, in presence of Goddis halie kirk and congregatioun,
betuix the dait heirof and the first day of August nixtocum, or soner as the pairtis
pleisis ; And the said Sir Patrik bind and obleissis him, to the intent of the said
mariage to be accompleiset in maner foirsaid, To infeft and seis dewle and suffi-
cientlie the said Isabell Broun, his affutur spous in hir virginate, befoir the said
celebratioun of the mariage abonewrittin, for all the dayes of hir lyiftyme, and the
aires maill lawchefule to be gottin betuix the said Sir Patrik and hir, quhilkis
failzeing, the said Sir Patrikes aires maill or assignais quhatsumeuer ; In all and
haill, ane zeirle annuelrent of ten chalderis guid and sufficient victuall, thairof thrie
pairt beir and tua pairt ait meill, to be zirle liftet, raiset, and tane furth of all and
haill the said Sir Patrikis landis of Ganeis, or out of ony pairt thairof, with the
pertinentes lyand within the scherefdome of Inwernes, zeirle betuix Zuil and Candil-
mes : And that be tua seuerall infeftmentis and chartoris ; ane thairof to be haldin
of the said Sir Patrik and his aires maill, in fre blenche ferme for zeirle payment of
ane penne money wpoun the grund of the saidis landis at the feist and terme of
Witsonday, gif it beis requyret allanerlie ; and the wther infeftment to be haldin
from him and his foirsaidis of his immediat superior of the saidis landis, als frele and
in samblable maner as he haldis the same himself : And that ayther be resignatioun
or confirmatioun, or wtherwayes as best sail pleis the said Johne Broun and his said
dochter ; And ayther of the saidis infeftmentis to contein all claussis of warrandice
neidfull and admissabill of the law : Lykas the said Sir Patrik Murray, Andro
Murray of Arnegorsk, and Dauid Murray foirsaid, faithefulle bind and obleissis thame,
thair airis, executouris, and assignais, and successoris quhatsumeuer, coniunctlie and
seuerallie to warrand the said ten chalderis victuall to the said Issobell duireing all

MURRAY OF BYN AND
DRUMCAIRN.

(County Perth.)

Azure, a Cross patee between three Mullets argent within
a Bordure flowered, counter-flowered of Fleurs-de-lis
or, a Mullet for difference.

[Illuminated MS. in the Lyo?i Office.)

scon a rci;r,u,snN,F.oiijBUffGH

APPENDIX. 105

the dayes of hir lyiftyme, saif, souer, and fre, namele fra all wairdis, releives, ladyes
terces, coniunct and heretabill feis, lyfrentis, annuelrentis, former infeftmentis, staites,
and seisinges, assedatioues, assignationes, resignationes, recognitiones, taxationes,
interdictiones, inhibitiones, escheitis, foirfaltouris, poindinges, compryseinges ; and
generalle fra all wther burdinges, impositioun, perrell, clame, danger, deid, accident,
or inconvenient quhatsumeuer, bygane, present, and to cum, quhilk onywayes may
hinder or stoip the said Issobell in the peceable possessioun ressaueing and wptaking
of the said ten chalderis victuall foirsaid, dureing hir said lyiftyme, at all handis
hawand or pretendand to haue entres thairto, contra and againes all deidle ; And als
the said Sir Patrik Murray, Andro Murray of Arnegorsk, and Andro [sic] Murray, bind
and ableiss thame and thair foirsaides, coniunctle and seuerale as said is, to delyver
zeirle efter the said Sir Patrikis deceis, in cais it sail pleis God call him from this
present lyif befoir the said Issobell, as God forbid, to the said Issobell yeirle betiux
Yuill and Candilmes, the said ten chalderis victuall foirsaid, frelie within the burgh
of Dunde, and that zeirle and ilk zeir, ay and quhill thay obtein hir dewle and
sufficientle infeft and seiset ; In all and haill ten chalderis victuall, thrid pairt beir
and twa pairt meill, out of sufficient weill haldin landis lyand within the sheref-
domes of Fyif, Aiugous, or Perthe, for all the dayes of hir lyftym, and the aires maill
lawchfule to be gottin betuix thame, quhilkis failzeing, the said Sir Patrikis aires
or assignais quhatsumeuer : For the quhilk caus the said Johne Broun of Fordell, and
with him the said Dauid Broun of Fyndmonthe, cawtionaris, souerties, and full
dettoris for him, faithefulle bind and obleiss thame, thair aires, executouris, and
assignais, coniunctle and seueralle, to thankfulle content and pay to the said Sir
Patrik Murray, his aires, executouris, and assignais, the haill sowme of fyive thowsand
merkis, wsuall money of this realme, in name of tocher guid, with the said Issobell,
in maner and at the termes efter following : To wit, twa thowsand and fyive hundrethe
merkis thairof, betuix the deit of thir presentes and the feist of Martimes in winter
nixtocum ; and the remanent wther twa thowsand and fyive hundrethe merkis, in
compleit payment of the said fyive thowsand merkis, betuix that and Martimes
thairefter, in the yeir of God jmvclxxx nyntene yeires but langer delay; And the
said Sir Patrik Murray, Andro Murray, and Dauid Murray, his cawtionaris foirsaidis
bind and obleiss thame and thair foirsaidis, coniunctle and seueralle as said is, at the
ressait of the saidis particular sowmes abonewrittin, to be payet be the said Johne
Broun in maner foirsaid, to wair bestow, and lay the said fyive thowsand merkis
wpoun sufficient weill, haldin land for annuelrent, as may be best and maist com-
modiowsle gottin thairfoir for the propertie of land, and sail put the said Issobell
in coniunct fie thairof with himself for all the dayes of hir lyiftyme, and the aires
maill lawchfulle to be gottin betuix thame ; quhilkes failzeing, 'the said Sir Patrikis
aires maill and assignais quhatsumeuer : And incais the sam fyive thowsand merkis
being wairet as said is for annuelrent, and thairefter the same be redemet, in that
cais, the said Sir Patrik and his foirsaidis cawtionaris and thair foirsaidis, sail wair
the sam of new againe in maner foirsaid, and put the said Issobell in the coniunct fie
thairof with him self for all the dayes of hir lyiftyme, and the aires maill to be gottin

106 APPENDIX.

betuix thain heretable ; quliilkis failzeing, the said Sir Patrikis aires maill and
assignais quhatsunieuer ; aud sua sail warrand the said annuelrent of the said fyive
thowsand ruerkis, furthe cuniand to the said Issobell for all the dayes of hir
lyiftyme, and efter hir deceis to the aires maill to be gottin betuix the said Sir
Patrik and hir ; quliilkis failzeing, to the said Sir Patrikis aires maill or assignais
quhatsumeuer : And forder, it is agreit on betuixt the saidis pairties, that in cais
thair be nae aires maill gottin betuixt thame, bot aires feniell, — in that cais the said
Sir Patrikis aires maill succeiding to his landis sail pay to the saidis aires feniell,
ane or ma, the sowme of ten thowsand merkis money foirsaid, — to wit, to ilk ane of
thame thair pairt thairof, pro rata, at thair aiges of fyiftene zeires : And becaus that
James Colville, Eister Weymes, is bund and obleist to pay to the said Issobell Broun
the sowme of sex hundretlie pundis money foirsaid, at certaue tymes, contenet in his
lettres obligatoris, as the same of the dait, at the day

of the yeire of God jmvclxxx yeires, in the self at mair lenthe beires ;

It is agreit betuix the saidis pairties, that in cais the said Issobell or hir affutor spous
for his entres, get payment thairof befoir the feist of Mertimes nixtocum, that the
sam salbe allowet for satisfactioun, and acceptet for payment of sex hundrethe pundis
of the said twa thowsand and fyive hundrethe merkis, quhilk the said Johne Broun
is bund to pay to the said Sir Patrik at Mertimes nixtocum ; and incais thay get
nocht the same befoir the said feist of Mertimes as said is, bot that the said Johne
Broun and his saidis cawtionaris mak payment of the saidis twa thowsand aud fyive
hundrethe merkis ; Than and in that cais the said Issobell Broun and hir spous
future for his entres, sail mak and constitut the said Johne Broun, his aires or
assignais, thair verrey lawchfull, wndoutet and irredeemabill cessioner assignay in
and to the said sowme of sex hundrethe pundis restand awane hir be the said James
Colvill, and sail transfer thair haill rycht and title thairof to the said Johne Broun
of Fordell and his foirsaidis : And heirto the saidis pairties faithefulle bind and obleis
tham, thair aires, executouris, and assignais and successoris quhatsumeuer, to obserue,
keip, and fulfill this present contract, and evere heid and claus thairof; ilkane to
wtheres sa far as concernes ather of thame for thair awin pairtes : And for the mair
securetie thay ar content and consentes this present contract be insert and registrat
in the buikis of oure souerane Lordis Counsall and Sessioun, and to haue the
strenthe of ane confessed act and decreit of the saidis Lordis, be interponeing thair
auctoritie thairto, with executoriallis of horneing, poinding, and wairdeing to pas
thairwpoun, the ane but preiudice of the wther, and the hoirneing to be wpoun ane
single chairge of sex dayes ; and to that effect coustitutis Maisteris Johne Nicolsoun
and Isaac Broun, and ilk ane of thame coniunctle and seueralle, thair procuratouris,
in vberiori procurationis forma and promittentes de rato, etc. : In witnes heirof thay
haue subscribit thir presentis, wrettin be William Ballingall, notar in Abernathe, with
thair handis, as followes, day, yeir, and place foirsaidis, sic subscribitur, S. P. Murray
of Gayneis ; David Murray, cationer ; Androw Moray of Balvaird, cationer ; Sr
Johne Murry of Tullibairdin, kuy*, witness ; Johne Broun ; Dauid Broun, cationer,
of Fynmonth ; James Broun, witnes ; Johne Muray, witnes ; Johne Broun, witnes ;

APPENDIX. 107

\ym jyj;urray 0f Cowdoun, witnes ; Eobert Broun, witnes ; George Murray, witnes. —
General Reg. of Deeds, vol. Ixxxvi.

Ane Letter maid makaud mentioun that our souerane Lord, vnderstanding that
be vertew of the Act of Annexatioun of the kirklandis to the Croune, all and sindrie
the rentis, annuellis, and dewties quliilkis pertenit of before to the priorie of Ees-
tenneth, as ane pairt of the temporalitie thairof, now pertenis to his maiestie ; and
vnderstanding likwayis that the greiteist pairt of the rentis of the said temporalitie
of the priorie foirsaid consistis in annuellis addettit furth of sindrie landis, tenementis,
houssis, biggingis, customes of borrowes, and casualties, and that the samen annuellis
being in number monie, and in quantitie small, and out of vse of payment this lang
tyme bigane, it wilbe dificile to his hienes collectoure thesaurer of the saidis aug-
mentatiounes to get knawledge thairof, sufficient probatioun furnesit thairin, and
payment of the samen, nochtwithstanding that greit chairgis and expenssis be fur-
nessit and debursit thairvpoun ; And considdering alsua that his louit James Broun,
brother-germane to Jhonne Broun of Fordell, hes thir monie yeiris bigane bene
factour of the said Priorie, and sua hes greitast knawledge of the rentis thairof, and hes
had sufficient securitie maid to him thairvpoun, and sua is ane persoue maist meit and
able to reduce the same to the auld integritie to the augmentatioun of his hienes
rentall : Thairfore, and for ane certane, suir, and knawin dewtie to be payit his
hienes and his successoures, in the meintyme, his maiestie, with avyse and consent of
the said collectoure-generall, thesaurer of the saidis augmentatiounes, and lordis
auditoures of his hienes chekquer, settand to the said James for all the dayis of his
lyifetyme, all and sindrie the annuellis, customes, rentis, and dewties of the temporalitie
of the said priorie of Bestenneth, quhairever the same lyis, with power to the said
James to ask, crave, and ressave the samen of the crope and yeir of God Jm and sex
hundreth yeiris instant, ands iclyk yeirlie in tyme coming during his lyiftyme, fra
the heritouris, fewaris, tennentis, takismen, possessouris, and occupiaris of the landis,
tenementis, houssis, biggingis, and custumeris of the borrowis addettit in payment
thairof, and vtheris quhatsumeuer intromettouris thairwith, and astrictit in the
payment thairof, acquittances and dischargis thairupoun yerlie to gif, subscryve, and
deliuer, quhilkis salbe sufficient, and gif neid beis to call, persew, and charge thairfore, as
accordis with all and sindrie commodities, &c, ffrielie, quietlie, &c, but reuocation, &c:
Payand thairfore yeirlie the said James Broun during his said lyiftyme to our said
souerane Lord and his successoures, thair collectoures and thesaureris, in thair names,
the soume of foure pundis, vsuall money of this realme, at tua termes in the yeir,
Witsonday and Mertimes in winter, be equal! portiounes of maill allanerlie : And
forder, oure said souerane Lord, with consent foirsaid, for the caussis abounspecifeit, be
thir presentis gevis, grantis, and disponis to the said James, all and sindrie the saidis
annuellis, customes, rentis, and dewties of the said priorie of all yeiris and termes
bigane restand awand, quhairvnto his maiestie hes or may haue richt be vertew of
the said act of annexatioun, or be quhatsumeuir vther maner of way, with power to
the said James to ask, crave, and ressaue the same, gif acquittances and dischargis

108 APPENDIX.

thairvpoun, and to call and persew thairfore as aceordis : With command thairin to
all and sindrie persounes addettit in payment of the saidis annuellis, customes, rentis,
and dewties present and being for the tyme, to ansuer and mak payment thairof to
the said James, his factouris, and seruitouris in his name, and to nane vtheris, of
all yeiris and termes bigane restand awand, as said is,. and siclyke yeirlie in tyme
cuming during his said lifetyme ; with command likwayis to the Lordis of Counsall
and Sessioun to grant and direct letters, &c. At Halierudhous, the ffourt day
of Juli the yeir of God Jm and sex hundreth yeiris. xls. — Reg. Sec. Sig., Lib. lxxi.
fol. 257.

31 December 1600. Discharge by Sir Patrick Murray of Ganeis, knight, to the
Eight Honourable John Broun of Fordell, for 5000 merks of tocher with Isabel
Broun, his daughter, now spouse of the said Sir Patrick. At Findmonth, 2 2d Novem-
ber 1600. — Reg. of Deeds, vol. lxxviii.

The Testament testamentar and Inuentar of the guidis, geir, sowmes of money,
and dettis pertening to vmquhile ane honorabil man, Johnne Broun of Fordell, within
the parochin of Forgund and Sherefdome of Perth, the tyme of his deceis, quha de-
ceissit vpoun the secund day of July the yeir of God jmvjc tua yeiris, faythfullie
maid and gevin up be him self, as concerning the nominatioun of executouris, legaties,
dettis awin be him, and the maist part of dettis awin to him, and partlie maid and
gevin vp be Dauid and Mr. Eobert Brounes his sonnes, as concerning ane vthir part
of dettis awin to him, quhome he nominat, maid, and constitut his onlie executouris,
testamentaris, and intromittoris with his guidis and geir in his lettre will vnder-
writtin, of the dait at Fordell, the aucht day of May, the yeir of God jmvjc tua yeiris,
as the samyn subscryuit with his awne hand at lenth proportis, —

In the first, the said vmquhile Johnne Broun of Fordell had the guidis, geir,
sowmes of mony, and dettis of the awaill and prices after following pertening to him
the tyme of his deceis foirsaid, videlicit : Item in his possession, four oxin, by the air-
schipe ox, price of the pece ourheid, xiij 1. vj s. viij d. ; summa, liij 1. vj s. viij d. Item,
mair, thrie hors and rneiris by the airschipe hors, price of the pece ourheid, xiij 1. vj s.
viij d. ; summa, xl 1. Item mair, thrie staigis, price of the pece ourheid, x 1. ; summa,
xxx 1. Item, sawin on the ground and landis of Blastrwie, xlviij bollis attis, estimat
to the thrid corne extending to sevin scoir four bollis of aittis, price of the boll with
the fodder, iij 1. vj s. viij d. ; summa, iiijclxxx 1. Item mair, sawin on the grund and
landis, sex firlottis peis, estimat to the fird corne extending to sex bollis peis, price
of the boll with the fodder, v ti ; summa, xxx 1. Item mair, sawin on the said
grund and landis of Blastrwie, four bollis beir estimat to the fird corne extending
to xvj bollis beire, price of the boll with the fodder, v 1. ; summa, lxxx 1. Item,
in vtenciles and domiciles, with the abuilzementis of his bodie, by the airschipe
estimat, xl 1.

Summa of the Inuentar, . . . vijcliij 1. vj s. viij d.

APPENDIX. 109

Folio wis the dettis aivin to the deid.

Item, there was awin to the said vmquhile Johnne Broun of Fordell be James
Wilson in Fynmonthe, resten for his fermes of the crope in anno jmvc ane yeiris,
lxiiij bollis meill, price of the boll, iiij 1. vj s. viij d. ; summa, iflxxvij 1. vj s. viij d.
Item, be Mitchell and Robert Meldrumes, tennentis in Balbartan, for their 'fermes,
resten in anno jmvjc ane zeiris foirsaid, of the said ground and landis of Balbartane, L
bollis of meill, price of the boll, iiij 1. vj s. viij d. ; summa, ijcvxj 1. xiij s. iiij d. Item,
be Celester Bell in Fordie the sowme of vj 1. xiij s. iiij d. The dettis vnderwrittin ar
gevin vp be the executouris : Item, awin be Michael and Eobert Meldrumes, ten-
nentis in Balbartane, for their half fermes of the samyn of the crope and zeir of God
jmvjc tua zeiris, xx bollis victuall, tua part meill and thrid part beir, price of the
boll ourheid, iij 1. vjs. viijd. ; summa, Ixvj 1. xiijs. iiij d. Item, awin be James Wilsoun,
tennent in Fynmonth, for his half fermes of the said ground and landis of Fynmonth
resten in anno jmvc tua yeiris foirsaid, xxiiij bollis victuall, tua part meill and thrid
part beire, price of the boll ourheid, iij 1. vj s. viij d. ; summa, lxxx 1. Item, be Dauid
Broun of Fynmonth for his half fermes of Fordell resten in anno jmvc tua yeiris foir-
said, xxiiij bollis victuall, tua part meill, and thrid part beire, price of the boll our-
heid, iij 1. vj s. viij d. ; summa, lxxx 1. mony.

Summa of the dettis awin to the deid, . . vijcxxvij 1. vj s. 8d.

Summa of the Inuentar with the dettis, . jmiiijclxxx 1. 13s. 4d.

Followis the dettis awin be the deid.

Item, there was awin be the said vmquhile Johne Broun of Fordell to Henry
Broun in Gospertie the sowme of ijcxx 1. to be payit at Lambes nixt. Item, to
Nicholas Broun the sowme of jcv merkis. Item, to Thomas Broun in Fordell the
sowme of jcv merkis. Item, to Alexander Bon, lx 1. mony.

Summa of the dettis' awin be the deid, . iiijcxx 1.

Restis of frie geir the dettis deducit, . . jmlx 1. xiij s. 4d. na diuisioun.

Quherof the quot is componit for . . xl merkis.

Folloivis the deidis legacie and lettrewill.

At Fordell, the aucht day of May, the yeir of God jmvjc tua yeiris, the quhilk
day the said John Broun of Fordell maid his legacie and lettrewill, as efter followis,
videlicit : Item, the said Johne Broune being seik in bodie yit haill in spirite, of gude
memorie, leuis his soull to God omnipotent, and leuis Dauid Broun and Mr. Eobert
Broun his onlie executouris and intromitoris with his haill guidis and geir, and to
pay and outred his dettis to his creditouris ; and leuis the haill rest of his frie geir
equallie betwixt thanie : In witness heirof, he hes subscryuit thir presentis, writtin
be William Ballingall, notar in Abirnethie, with his hand as followis : This wes done,
day, zeir, place, and moneth foirsaidis, befoir thir witnesses, James Broun, broder
germane to the defunct, George Broun, his sone, James Broun and James Fairlie,

110 APPENDIX.

seruitouris to the defunct, with vthiris divers : Sic subseribitur, Johne Broun, James
Broun, witnes, James Broun, witnes.

We, Mr. John Nicolsoune, etc., and geuis and committis the intromissioun with
the samyn to the saidis Dauid Broun and Mr. Bobert Broun, executouris testamen-
taris to the said vmquhile Johnne Broun of Fordell. Beseruand compt, etc. ; and
they being suretie, etc. ; and Johnne Boiswell of Baglalie has becum cautioun, etc.,
as ane act beiris. — Commissariot of Edinburgh, Testaments, vol. xxxvi.

Obligation by John Guthrie in Litil Mylne, to Mr. Bobert Broun of Pitkany,
for 230 merks of the teinds of Litil Myln. At Forfar, 11 March 1603.— Reg. of Deeds,
3 April 1605.

Obligation by David Drummond, son of the late Patrick Lord Drummond, to
Mr. Bobert Broun of Pitkenny, for 300 merks. At Perth, 15 Nov. 1605.— Reg. of
Deeds, 15th June 1615.

Mr. Bobert Broun of Pitkenny complains that John Guthrie in the mill of
remains unrelaxed from a horning of 15th Jan. 1606, for not fulfilling to
him of a bond, dated 11th March 1603, and in particular for not staking the cows
in the barnyard of John Hunter, as place appointed thereto, and for not paying
the complainer £10, as expenses for registration of the bond, and £5 for the
charge thereupon, complainer appearing by Archd. Douglas, M.A., etc. ; decree against
defender. — Privy Council Reg. 1607.

Obligation by Harry Boswell, burgess of Kinghorn, to Mr. Bobert Broun of
Pitkenny, as cautioner for Andrew Lundie of Condlane, for 636 merks. At Falkland,
18th May 1611.— Reg. of Deeds, 4th July 1615.

Obbgation by Andrew Lundie of Condlane, to his brother-in-law, Mr. Bobert
Broun of Pitkenny, for 1750 merks. At Finmonth, 14th January 1614 : witnesses,
David Broun of Finmonth, and Bobert, his son. — Reg. of Deeds, 3d July 1615.

Gift to Mr. Bobert Broun of Pitkenny, of the non-entry of the lands of
Cuthilgurdy, Perthshire, formerly belonging to the late John Charteris, 7th October
1614. — Reg. Sec. Sig.

Discharge by James Schaw, son of the deceased John Schaw of Broiche, and
executor of the late AVilliam Schaw, Master of His Majesty's Works, in favour of
Mr. Bobert Brown, brother germane to the laird of Finmonth ; Mr. Harie Kinros,
advocate ; and Mr. Bobert Murray, commissary of Stirling, for 4500 merks, which
they were commissioned by the granter to receive from Sir Gideon Murray of
Elibank, treasurer-depute, for behoof of the creditors of the said James Schaw, for
which they rendered discharge to the said treasurer on 24th May 1615, registered
12th July 1625. — Reg. of Deeds, vol. ccclxxv.

Bond by Patrick, Lord Lindores, to Mr. Bobert Broun of Pitkany, for 1800
merks. At Edinburgh, 29th June 1616.— Ibid., 2d August 1617.

APPENDIX. Ill

Gift to Mr. Robert Broun of Pitkeny of the non-entry of the barony of East
Wemyss, etc., vacant by decease of James Colville of Ochiltrie, "guidschir" to
James, Lord Colville of Culross, 19th September 1616. — Reg. Sec. Sic/.

Gift to Mr. Eobert Broun of Pitkeny of the escheat of the late Hew Brown,
merchant burgess of Edinburgh, 2 2d January 1617. — Ibid.

Obligation by Peter Murray of Wester Cluthy, to said Mr. Robert Broun, for
100 merks. At Edinburgh, 4th March 1617.— Reg. of Deeds, 6th Aug. 1623.

Gift to Mr. Robert Broun of Pitkeny of the lands and lordship of Lundores,
apprized at his instance from Patrick, Lord Lindores, for a debt of 2100 merks, 10th
Dec. 1617.— Reg. Sec. Sig.

Renunciation by David, Lord Scone, brother and heir to Sir Patrick Murray of
Byn, knight, narrating .that the granter was served heir to his said brother and to
Catherine Murray, only child procreated betwixt the latter and Dame Isobel Brown,
then his wife, now wife of Sir George Erskme of Innerteill, knight, and one of the
Senatouris of the College of Justice, and as such in right of the fee of 5500 merks
secured over the toun and lands of Carrie, and others, in the lordship and regality of
Abernethy and shire of Perth, in virtue of contract between John Ogilvy of that Ilk
on the "one part, and the said Sir Patrick and Dame Isobel on the other, at Scone,
9th November 1601 ; further, that, as heir to the said Catherine, his niece, the said
Lord Scone was in right of £5000, due to her by William Moncreif of that Ilk, less
£1000 paid by the latter to the young lady and her curators "for furnishing of
her charges quhen she went to England," and that for the surrender by the said Dame
Isobel in favour of his Lordship, of her liferent of Byn and Drumcairn, he dispones
to her and her said husband, Sir George Erskine, the fee of the said two sums in the
liferent of which she had been previously vested. At Scone, 15th December 1617.
— Reg. of Deeds, 9th January 1618.

Gift to Mr. Robert Brown of Pitkeny, of the escheat of George Oliphant of
Bachilton, and others, tenants of the lands of Ardchulzine, Bachiltoun, etc,, they
being at the horn at the instance of the said Mr. Robert, and Margaret Pitcairn his
spouse, for not removing from said lands in virtue of decreet obtained against them.
27th February 1618.— Reg. Sec. Sig.

1618, May 4.— Sasine of Mr. Robert Broun of Pitcany, of all and haill the
lands and lordship of Lindores, lands and baronie of Grange, and lands of Berrie-
hill, proceeding on a charter by James vi. — Gen. Reg. of Sasines.

Contract between Hugh Broun, merchant burgess of Edinburgh, and Marion
Tod, his spouse, and Hugh Broun, their eldest son, with consent of Mr. Robert Broun
of Pitkeny, for his rights, on the one part, and James Ainslie, merchant burgess of
Edinburgh, and Isobel Howieson, his spouse, on the other part, whereby for 1 000
merks the former set in tack to the latter a tenement on the south side of the High

112 APPENDIX.

Street of Edinburgh for three years, 11th May 1618. — Reg. of Deeds, 10 th June
1622.

1618, July 3. — Action by Mr. Robert Broun of Pitkeny, as donator to the escheat
of George Oliphant of Bachilton, against the tenants of that estate for the rents due
by them. — Reg. of Acts and Decreets.

24th Feb. 1619. — Submission between David, Lord Scone, brother and heir to
the late Sir Patrick Murray of Geyneis, Kt., on the one part, and Mr. Eobert Broun
of Pitkany on the other, in reference to process of reduction of assignation by the
said Sir Patrick to the said Mr. Eobert Broun, of gift of pension granted by the King
to Sir Patrick, of the feu mails of the barony of Geyneis, and to which the said Lord
Scone now laid claim : Submitted to the amicable decision of Alexander, Earl of
Dunfermline, Chancellor ; Thomas, Lord Binning, President of College of Justice
(secretary) ; and Sir William Oliphant of Newton, advocate. — Reg. of Acts and
Decreets.

1619, May 31. — Seisin of Lady Issobella Broun, Lady Innerteill, proceeding on
a charter and precept granted to her by Sir George Erskine of Innerteill, knight, her
spouse, of the half of the lands of Tyrie, lying in the regality of Dalkeith, constabu-
lary of Kingorne, and shire of Fife, in liferent. The charter and precept are dated at
Innerteill, May 31, 1619.— Protocol Book.

2d July 1619. — James Mercer of Clevage against Patrik, Lord Lindores ;
Andro, Lord Gray ; Mr. Eobert Broun of Pitkany ; Michael Balfour of Deanmyln ;
Mr. Patrik Eynd, minister of Dron ; and Mr. George Muschet, minister at Donyng,
anent the teinds. — Reg. of Acts and Decreets.

Obligation by William Cuuynghame, writer in Edinburgh, son of the late Donald
Cunynghame of Akinbar, to Mr. Eobert Broun of Pitkenny, for 100 merks. At
Edinburgh, 30th January 1620.— Reg. of Deeds, 31st July 1621.

Gift to Mr. Eobert Brown of Pitkany, of the escheat of John Gaw of Maw, at
the horn for debt to Helen Primrose, relict of John Angus in Langsyde, for 600 merks,
and to Eobert Brown, portioner of Barhill, for 2000 merks. 6 August 1621. — Reg.
Sec. Sig.

Gift to Mr Eobert Brown of Pitcanie, of the escheat of the late John Neiving,
merchant burgess of Perth, by reason of bastardy. 25 October 1621. — Ibid.

Gift to Mr. Eobert Broun of Pitkeny of the escheat of the late Nicoll Broun,
" bastard son natural to umquhile Johne Broun of Fordell," 2d March 1622. — Ibid.

The said Mr. Eobert Broun is party, along with Laurence Mercer of Meikleour,
Eobert Colville of Cleish, Sir George Bruce of Carnok, and Archibald Dundas of
Fingask, in an assignation of £700 sterling, to William Dick, merchant burgess of
Edinburgh, 11th March 1622.— Reg. of Deeds, 4th Dec. 1622.

ERSKINE OF INNERTEIL.

(County Fife.)

Argent, on a pale sable an imperial Crown proper, all within
a double Tressure flowered, counter-flowered of
Fleurs-de-lis gules.

{Funeral Escutcheons in the Lyon Office and Lyon Register. )

SCOTT A FERGUSON ![)l>.euRCH

APPENDIX. 113

Obligation by Andro Broun, merchant burgess of Perth, as principal, and John
Broun of Fordell, as cautioner, to Patrick Smyth of Braco, for £350. Perth, 13 July
1623.— Ibid., 15 June 1624.

Obligation by James Douglas, merchant burgess of Edinburgh, now in Langton,
to said Mr. Robert Broun, for 800 merks, 31st July 1623.-/6^., 31 Dec. 1623.

Assignation by Andro Broun, son of the late James Broun, chirurgeon, burgess
of Edinburgh, with consent of Mr. Eobert Broun of Pitcany, and John Smyth, writer
in Edinr., his curators, in favour of Wm. Haliday, brother german of the late Sir
John H. of Tulliboill, Kt., advocate, and Mr George Bonyman, servitor to Mr John
Hay of Eister Kennet, of a bond due to the granter by Sir Michael Preston of Fentoun-
barnesfor 520 merks. At Edinr., 8 March 1626. — i?^. of Deeds, 9th March 1626.

March 30, 1633. — Sasine of James Wemys, and Agnes Gourlay his spouse, in
the lands of Muirtoun and Pitkenny, which " ad quondam Magistrum Eobertum
Broun filium legittimum quondam, Joaunis Broun de Fordell hereditarie pertinu-
erunt." — Part. Reg. Sasines : Fife.

August 6, 1640. — The inventarie and testament dative of the gwidis, geare,
debtis, and sowmes of money perteining and awand, respectiue to wmquhill Dame
Issobell Brown, spous to Sir George Erskene of Innerteill, knicht, ane of the senatoris
of our Soverane Lordis Coledge of Justice, within the parochine of Kinghorn and
shirefdorne of Fyff, the tyme of hir deceas quha deceassit in the moneth of October
1639 yeiris, faithfullie maid and gewin up be the said Sir George, quha is executor-
dative surrogat to the said defunct in place off Thomas Gourlaw, Procurator fiscall of
the said commissariot, efter dew citatioun, conforme to my Lord Commissionar of St.
Androis decreit gewin thairanent the day off ' 1640 yeiris.

In the first, the said executer gave up the guidis and geare following, of the
pryces and valouris efter specifeit, viz., xvij drawing oxen, pryce of the peice owerhead,
xx lib. ; inde, iijcxl lib. Item, fyue horse, price of the peice owerhead, xxvj lib. xiij s.
iiij d. ; inde, xxxiij lib. vj s. viij d. Item, ten kyne, price of the peice owerhead,
xiij lib. vj.s. viij ; inde, icxxxiij lib. vj s. viij d. Item, x queyis and stirkis, price of
the peice owerheid, vj lib. ; inde, lx lib. Item, lx scheip, young and old, pryce of
the peice owerhead, xl s. ; inde, icxx lib. Item, standing in the barne yeard, the
grouth of xxxvij bollis peis and beins, estimat to the fourt come, extending to
icxlviij bollis, pryce of the boll, come and fodder, iiij lib. ; inde, vlxxxxij lib. Item,
standing in the said barne yeard the grouth of xxix bollis aittis, estimat to the thrid
come, extending to lxxxvij bollis aittis, pryce of the boll, corne and fodder, iij lib. ;
inde, ijclxviij lib. Item, standing in the barne yeard, the grouth of thrie bollis quhyt
estimat to the fourt corne, extending to xij bollis quhyt, price of the boll, corne and
fodder, v lib. vj s. viij d. ; inde, lxiiij lib. Item, standing in the barne yeard, the
grouth of xxvj bollis thrie firlotis beare, estimat to the fourt corne, extending to
jcvij bollis, pryce of the boll, corne and fodder, iiij lib. ; inde, iiijcxxviij lib. Item

114 APPENDIX.

of utenceillis and domiceillis, with silvver pleat and the abulyiementis of the defunctis
bodie, estiniat to vc lib.

Summa of the inventarie, . . . ijmvjcxxxviij lib. 13s. 4d.

Debtis awand to the dead.

In the first, be Wm Walwood in Seafield, for the half of the fermis thairof, the
crop and yeire of God 1639, lxiiij bollis beare, pryce of the boll, iiij lib. ; inde,
ijclxvj lib. Item, xxiiij bollis aitmeall, pryce of the boll, iij lib. ; inde, lxxij lib.
Item, viij bollis aittis, pryce of the boll, iij lib. ; inde, xxiiij lib. Item, addebtit be
the tennentis of Fyvie for the half of the fermis thairof the said cropt, xl bollis beare,
pryce of the boll, iiij lib. ; inde, jclx lib. Item, xl bollis meall, pryce of the boll,
iij lib. ; inde, j°xx lib. Item, adebtit be the tennentis of Briglandis, Innerteill, and
myln thairof for the half of the fermis of the sainen, xxix bollis ane firlot ane peck
twa lipies of beare, pryce of the boll, iiij lib. ; inde, jcxvij lib. vij s. vj d. Item,
adebtit be them, xiiij bollis twa firlottis twa peckis twa lipies aitmeall, pryce of the
boll, iiij lib. ; inde, xliij lib. x s. ij d. Item, adebtit be the tennentis of Balwerie for
the half of the fermis thairoff, lx bollis beare, pryce of the boll, iiij lib. ; inde,
ijcxl lib. Item, lx bollis aittmeall, pryce of the boll, iij lib. ; summa, jclxxx lib.

Summa of the saidis debtis, . . . jmijcxiij lib. vj s. viij d.

Summa of the inventarie and debtis, . iijmviijclij lib.

Debtis awand be the deadgewin wp be the housband.

In the first, to Jon Macnaught, burges of Edinr, for ane half yeiris
bouse-meall, j° lib. Item, to Alexr Inglis, Litster in the Cannongeat, Ixvj Kb.
xiij s. iiij d. Item, to the poore of Kinghorne, iij°xxxiij lib. vj s. viij d. Item,
to M* Thomas Bigger, xx lib. Item, to Margaret Mowat, xxx lib. Item, to John
Browne, of fie, 1 lib. Item, to "Wm Eolland, of fie, xxxiij lib. vj s. viij d. Item,
to Henrie Alburne, xiij lib. Item, to Johne Alexander, xiij lib. Item, to Dawid
Calvie, xij lib. Item, to Dawid Mertoun, vij lib. xiiij s. viii d. Item, to Michaell
Meldruni, ix lib. vj s. viij d. Item, to Christiane Law, xiij lib. ij s. Item, to James
Inglis, xxx lib. Item, to the Earle of Mortoun for the few ferme of the landis of
Seayfield and Tyrie, xiiij bollis quheat, pryce of the boll, v lib. vj s. viij d. ; inde,
Ixxiiij lib. xiij s. iiij d. Item, of silwer dewitie, lijj s. iiij d. Item, to the earle of
Kinghorne for the teind dewitie of the landis of Innerteill, Seyfield, and Tyrie,
xxxiij lib. vj s. viij d. Item, to the Kingis Majesty and his chalmerlaines of the
regalitie of Dumfermeling, for the landis of Balweirie, vj bollis quheat, pryce of the
boll, v lib. vj s. viij d. ; inde, xxxij lib. Item, twa chalderis quheat aittis, pryce of the
boll, iij lib. ; inde, lxxxx lib. Item, audit bollis beare, pryce of the boll, iiij lib. ;
inde, xxxij lib. Item of siluer dewitie, iiij lib.

Summa of the saidis debtis, . . . jmxj lib. iij s. iiij d.

Summa of the said geare, debtis deducit, . ijmviijcxlv lib. 16s. 8d.

To be dwydit in twa pairtis, ilk pairt is, . jmiiijcxxij lib. xviij s. 4d.

APPENDIX. 115

This present inventarie and testament befoir wreittin, togidder with the
executor thairin abowe constituit is confirmat upon the saxt day of August 1640
yeires. The executor maid faith, etc., and Sir Jon McKenzie of Tarbet, knicht,
barronet, is become cawtioun, etc. The said executor is obleist to releise his
cautiouner. — Gommissariot of St. Andrews : Testaments, vol. ix.

XI. John Broun, youuger of Fordell.

Precept for Confirmation of Charter by John Brown of Fordell to John, his son
and apparent heir, and Elizabeth Adamson, his spouse, of the lands of Cragnathrays,
etc., 9th June 1589. — Privy Seal Register.

Ane Letter maid to Johnne Broun, younger of Fordell, his airis and assignais,
ane or maa, of the gift of the escheit of all guidis, movabill and unmovabill, dettis,
takis, stedingis, rowmes, possessionis, actis, contractis, actionis, decreittis, obligationis,
reversionis, sowmes of money, jowellis, gold, siluer, cunzeit and uncunzeit, coirnis,
cattell, insicht plenissing, guidis, and geir quhatsumevir, quhilkis pertenit to Eliza-
beth Creichtoun and Niniane Creichtoun, hir sone, and to ilkane of thame, and now
pertenyng to oure souerane lord, fallin and becumin in his hienes handis, and at his
Maiesteis dispositioun be reassoun of escheit, throw being of the said Elizabeth and
hir sone foresaid, ordourlie denuncit oure said souerane loirdis rebellis and put to his
hienes home, be vertew of letters, in the foure formes, direct at the instance of Johnne
Broun of Fordell, ffor non flitting, removing, decisting, and ceissing thame selffis, thair
servandis, guidis and geir, fra the said Johnnis landis of Fordie, with houssis, biggingis,
yairdis, and pertinentis thairof, lyand in the Scherefdome of Perth and parochin of
Monedy, as in the saidis lettres of horning executionis and indorsationis thairof regis-
trat in the scheref court buikis, conforme to the act of parliament, at mair lenth is
contentit. With power, etc. At Edinburgh, the xviij day of March e, the yeir of God
jmvc fourscoir nyne yeiris. xl s. Per signaturam. — Beg. Sec. Sig., Lib. lxi. fol. 43.

9 July 1597. The Testament dateive and inventar of the guids, gere, soumes of
money, and dettis, perteining to vmquhill Johnne Brown, youngar of Fordell, within
the parochin of Forgoun and Shirefdome of Perth, the tyme of his deceisse, quha
deceissit in the moneth of December the yeir of God jmvclxxxxvj yeiris, ffayth-
fullie maid, and gevin -vp be Dauid Broun of Finniouth, his lawfull brother, in name
and behalf of Elizabet Brown, lawfull barne to the defunct and onlie executor
dateive, decernit to him be decreit of the Commissaries of Edinburgh, as the samyn
decreit of the dait, at Edinr., the nynth day of July, the yeir of God lxxxxvij yeiris,
at lenth proportis, —

In the first, the said vmquhill Johnne Brown of Fordell had the guidis, geir,
soumes of money, and dettis, of the availl and pryces efter following perteining to
him, the tyme of his deceiss foirsaid, viz. : Item, in the barne and barne yard of Craig-
nathro, sevin scoir fourtene bollis three furlattis aittis, pryce of the boll with the
fodder, vj lib.; summa, nyne hundreth xxviij lib. x s. Item mair, in the said barne and

1 1 6 APPENDIX.

barne yard, xlviij bollis beir, pryce of the boll with the fodder, viij lib. ; sum ma,
iijclxxxiiij lib. Item mair, vpone the said grand and landis of Craignathro, sevin-
tene drawin oxiu by the airschipe, pryce of the pece ourheid, xiij lib. yj s. viij d.; summa,
lijcxxvj lib. xiij s. iiij d. Item mair, vpou the said grund and landis, audit auld hag
oxin, pryce of the pece ourheid, x lib. ; summa, lxxx lib. Item mair, thrie ky with
thair followaris, pryce of the pece ourheid, ten pundis ; summa, xxx lib. Item mair,
vpone the saidis landis, twa stottis, and aine quoy of twa yeir auldis, pryce of the
pece ourheid, iiij lib. ; summa, xij lib. Item mair, vpone the said grund and landis,
xxxiiij yowis, pryce of the pece ourheid, xxxiij s. iiij d. ; summa, lvj lib. xiij s. iiij d.
Item mair, vpoue the said grund and landis, xxiij yeild scheip, pryce of the pece our-
heid, xxxvj s. ; summa, xli lib. viij s. Item mair, vpone the said grund and landis,
xxxvj hoggis, pryce of the pece ourheid, xxiiij s. ; summa, xliij lib. iij s. Item mair
thair, four work horsses by the airschipe horss, pryce of the pece ourheid, ten pundis ;
summa, xl lib. Item, vpone the grund and landis of Foodie, in the barne and barne
yarde thairof, of fourtene bollis aittis, pryce of the boll with the fodder, vj lib.; summa,
lxxxiiij lib. Item mair thair, four bollis, twa pectis beir, pryce of the boll with the
fodder, aucht pundis ; summa, xxxiij lib. Item mair, vpone the said grund and landis
of Foodie, four yeild scheip, pryce of the pece, xxxvj s. ; summa, vij lib. iij s. Item mair
thair, four hairis at xxxiij s. iiij d. the pece, and twa hoggis, pryce of the pece, xxiiij s. ;
summa, ix lib. xvj s. Item, of siluir work by the airschepe, ten siluir spunes, weyand
ten vnces, pryce of the vnce wecht, 1 s. ; summa, xxv lib. Item, in vtencillis and domi-
cillis, with the abuilzementis of his body, by the airschipe estimat to jc lib. Summa
of the Inventar, ijmiic lib. viij s. viij d. Followis the dettis awin to the deid : Item,
thair wes awin to the said vmquhill Johnne Brown, youngar of Fordell, be William
Sterling, tennent and occupyar of Craignathro, for his fermis in anno lxxxxvj yeiris
iij bollis iij furlattis nieill, and xiij bollis beir, pryce of the boll ourheid, vij lib. vj s.
viij d. ; summa, ijcxlvij lib. x s. Item mair, awin be Robert Butchart thair, ane boll
meill and aine boll beir, pryce of the boll ourheid, vij lib. vj s. viij d. ; summa, xiiij lib.
xiij s iiij d. Item, be Thomas Butchert, and vij boll meill and four bollis bier, pryce
of the boll ourheid, vij lib. vj s. viij d. ; summa, lxxx lib. xiij s. iiij d. Item, be James
Doge, ten furlattis thrie pectis meill, and fyve furlattis aine pect beir, pryce of the
boll ourheid, vij lib. vj s. viij d. ; summa, xxviij lib. xvij s. vj d. Item, awin be Gilbert
Butchert thair, viij boll meill, iiij boll beir, pryce of the boll ourheid, vij lib. vj s. viij d. ;
summa, Ixxxviij lib. Item, ba Silvester Bell for the Mertimes termes maill of fold,
xvj lib. xiij s. iiij d. Item, be Lord Glames for byrun annuellis, vij°lxxxxv lib. Item,
awin be Sir John Meluill of Kernebie, knycht, for byrun annuellis, i°xv lib. Item,
awin be the bailleis, counsall, and communitie of the Burghe of Edinbr, of byrun
annuallis, ijclx lib. Item, awin be Wm Sterling in Craignathro for byrun fermis,
1 lib. Item, be Johnne Naiphe of Mathie, conforme to his obligatioun, xli lib. xiij s.
iiij d. ; be Mr. William Kernecrose of Balmachonner, vj lib. xiij s. iiij d. Item, be
Margaret Lyall, xij lib.

Summa of the dettis awin to the deid, . jmvijclxj lib. xiij s. ij d.

Summa of the Inventar with the dettis, iii'"viijclviij lib. ij s. x d.

APPENDIX. 117

Followis the dettis awin be the deid.

Item, thair wes awen be the said Jon Broun, youngar of Fordell, to Wm. Broun,
sseruand for his yeiris fie in anno lxxxxvj yeiris, iij lib. Item, to James Kar for
his fie in anno foirsaid, iiij lib. Item, to Adam Wilsoun for his fie in anno foirsaid,
vj lib. Item, to Thomas Lawick, servand, for his fie in anno foirsaid, xl s. Item,
awin to Marioun Stodairt, nureische, for her fie and bouutie in anno foirsaid, xiij lib.
vj s. viij d. Item, to [Mr. David Lyndesay?], minister of Forfar, for his teind siluir of
Craignathro, in anno foirsaid, xiij lib. vj s. viij d. Item, Maistress of Mar for hir
vicraige teind of Craignathro, in anno foirsaid, xx s. Item, to [Mr. William Bow?]
minister of Foirquhar, for the maillis of Craignathro in anno foirsaid, xx s.

Summa of the dettis awin be the deid, . xliij lib. xiij s. iiij d.

Bestis of frie geir the dettis deducit, . iijmviijcxiiij lib. ix s. vj d.

To be devidit in thrie partis.
Deidis parte is, ..... imijcl.\xi lib. xiiij s. iij d.

Quhairof the quot is componit for, . . xxxvj lib.

—Reg. of Testaments, Edinburgh, vol. xxx. fol. 235.

March 23, 1604. — Special service by commission under the Great Seal, and by
deliverance of the Lords of Council and Session, by the Sheriff of Fyff and Berth, of
Elizabeth Adamesoun, relict of umquhile John Broun, younger of Fordell, in and to a
reasonable terce and thrid part of all and sundry lands and others wherein her said
vmquhile spouse died last vest and seased as of fee, to wit, Wester Balbartane, in the
parish of Kingorne Eister : the sheriff's bailie in that part, George Small of Forderance,
enters the said Elizabeth Adamsoun to the schadow syd and thrid part of the saids
lands by delivery of earth and stone in the hands of William Hay, seruitor to the
erle of Arroll, her attorney. — Protocol Booh.

31st August 1615. — Action by James Martyne, Frovest of Sanct Salvatoris
College, Mr. David Monipenny and George Martyn, principal masters thereof, against
Hew Moncreiff in Hiltoun, Malcome Moncreiff there, Andrew Thomson there ;
William Cochrane, in Kirktoun of Malar ; Hew Brown there ; Thomas Broun, in
Mains of Malar ; Catharine Brown, Ladie Gask, in Forteviot, and others, for wrong-
ful intromission with the small teinds of said lands belonging to the said James
Martyne. — Reg. of Decreets in Commissariot of St. Andrews.

Discharge by Elizabeth Broun, only daughter and executrix confirmed to
umquhile John Broun, younger of Fordell, she being now " of perfytt aige of tuentie-
ane yeiris compleit," in favour of David Broun of Fynmonthe, for 3150 merks, paid
by him to her in terms of contract, dated at Newgrange, 11th July 1615, between
the said David and Robert, his eldest son and apparent heir on the one part, and the
said Elizabeth on the other, with consent of her curators. At Newgrange, 19th
May 1616.— Reg. of Deeds, 14th June 1616.

118 APPENDIX.

XII. John Broun of Fordell.

Hec Inquisitio facta fuit apud burgum de Perth et in pretorio eiusdera quinto
die mensis Octobris anno Domini millesimo sexcentesimo secundo coram Gulielmo
Murray apparenti de Tullibardin vicecomite, vicecomitatus de Perth, Magistro Wmo
Murray de Ochtertyre, et Magistro Joanne Moncreif de Eister Moncreif, suis deputatis,
per hos subscriptos, viz. : Patricium Ogilvy de Inchmertein dominum Thomam
Stewart de Garntully militem dominum Patricium Murray de Bin, Gulielmum Oli-
phant de Gask, Gulielmum Moncreif de Tibbermallo, Oliuerum Zoung balliuum burgi
de Perth, Georgium Auchinleck de Balmanno, Andream Pitcairne de Innernethie,
Patricium Maxtoun de Cultuquhay, Magistrum Georgium Lundy de Gortie, Colinum
Eviot de Balhoussie, Patricium Inglis de Byris, Magistrum Wmum Euthuen de Frie-
land, Dauidem Murray de Linhill, et Alexandrum Murray de Wodend : Qui jurat
dicunt quod quondam Joannes Broun de Fordell auus Joannis Broun nunc de Fordell,
latoris presentium obiit vltimo vestitus et sasitus vt de feodo ad fidem et pacem S. D. N.
regis de omnibus et singulis terris de Nether Fordie cum vniuersis et singulis suis per-
tinentijs jacentibus in baroiiia de Strathurde et vicecomitatu de Perth Et quod dictus
Joannes est legitimus et propinquior heres dicti quondam Joannis aui sui de omnibus et
singulis predictis terris cum pertinentijs Et quod est legitime etatis Et quod dicte
terre de Nether-Fordie cum pertinentijs valent nunc per annum decern mercas Et
tempore pacis sex mercas Et quod tenentur in capite de Andrea Moncur nunc de
eodem in albafirma Eeddendo inde annuatim vnum denarium vsualis monete regni
Scotie apud dictas terras nomine albefirme si petatur tantum Et quod nunc existunt
in manibus dicti Andree Moucur de eodem superioris earundem per spacium vnius
termini aut eocirca vltime elapsi ratione nonintroitus et id ob causam mortis dicti
quondam Joannis aui sui veri heredis earundem Jus suum hucvsque minime prose-
quentis In cuius rei testimonium sigilla quorundam qui dicte Inquisitioni intererant
presentibus apponuntur Et hoc breue incluso clausisque sub sigillo dicti vice-
comitatus sub anno die mense quibus supra. — Reg. of Rctours, vol. ii. fol. 174.

March 10, 1604. — Action by Andro Moncur of that Ilk against John Broun of
Fordell — the pursuer complaining that he was charged by precept from Chancery to
receive as his tenant of the lands of Fordie, the said John Broun, " allegit oy and air
of vmquhile John Broun of Fordell, his guidschir."

The Lords suspend execution of the said precept on the ground that the pur-
suer then lodged in the hands of John Cupar, clerk, a precept to enter the said John
Broun as tenant in the said lands. — Acts mid Decreets, vol. ccxi. fol. 172.

Obligation by John Broun of Eister Fordell to Alexander, Bishop of Dunkeld,
to relieve him of the cost of providing the communion elements for the parish
church of Forgund, and of the repair of the said church, in consideration that the
said Bishop granted a new infeftment to the said John Broun of the lands of Fordell,
teinds, etc., thereof, to which he had succeeded as heir " to his forbearis." At

APPENDIX. 119

Fynmonth, 18th April 1614 : witnesses, David Broun of Fynmonth, and Eobert,
his eldest son and apparent heir. — Reg. of Deeds, 10th November 1629.

February 19, 1640. — Contract of marriage between John Brown of Fordell, on
the one part, and Mr. William Adamson of Craigcruik, and Margaret Adamson, his
eldest lawful daughter, on the other part, for the marriage of the said John Brown
and Margaret Adamson, in contemplation whereof the said John Brown becomes
bound to infeft his said future spouse, in her pure virginity, in liferent in the lands of
Wester Balbartoune, in the barony of Aberdour, constabularie of Kingorne, and shire
of Fife, and regality of Dalkeith ; reserving to Elizabeth Adamson, mother of the
said John Brown, her third and terce of the said lands during her lifetime ; also to
infeft the said Margaret in liferent, and the heirs to be procreated betwixt them,
whom failing, the nearest and lawful heirs of the said John Brown, heritably in the
lands of Deuglie, Mill of Arngosk, etc. The tocher of Margaret Adamson was 5000
merks. Dated at Edinburgh April 12, 1627. — Reg. of Deeds, vol. 525.

November 26, 1634. — Alia Inquisitio facta fuit in Curia vicecomitatus de Edin-
brugh tenta in pretorio burgi eiusdem coram Magistris Lawrentio Mcgill Davide Hereot
advocatis et Joanne Eliot vicecomitibus deputatis dicti vicecomitatus de Edinbrugh
specialiter constitutis vigesimo sexto die mensis Novembris anno Domini millesimo
sexcentesimo Trigesimo quarto Per hos probos et fideles patrie viros subscriptos, viz.,
dominum Eobertum Fairlie de Braid Joannem Couper de Nethir Gogar Hugonem
Somerwell de Drum Magistrum Willielmum Naper de Wrightishoussis Magistrum
Joannem Cant de Lawrestoun Jacobum Inglis de Nather Cramond Joannem Stalker
de Drylaw Magistrum Joannem Adamesoun advocatum Jacobum Braidfute merca-
torem burgensem de Edinbrugh Nicolaum Eynd vestiarium ibidem Willielmum
Quhyt lie broudinstar burgensem de Edinbrugh Joannem Stewart apud lie Dairy
Milnes Hugonem Cawdoun in Leith Willielmum Mortimer scribam in Edinbrugh et
Alexandrum Watsoun mercatorem ibidem Qui jurati dicunt quod quondam Joannes
Broun de Fordell pater Willielmi Broun latoris presentium obijt ad pacem et fidem
S. D. N. regis Et quod dictus Willielmus Broun est legittimus et propinquior heres
eiusdem quondam Joannis sui patris inter ipsum et Margaretam Adamesoun suam spon-
sam legittime procreatus Et quod est legittime etatis In cuius rei testimonium sigilla
quorundam eorum qui dicte inquisitioni intererant faciende vnacum brevi regio
incluso Necnon sigillo officij dicti vicecomitatus cum signo et subscriptione manuali
Magistri Joannis Oliphant clerici dicte curie presentibus sunt appensa anno die mense
et loco prescriptis Sic subscribitur M. J. Oliphant. — Inquis. Retornat. Rcgistrum,
vol. xiv. fol. 89.

Carta Willielmi Broun Terrarum Baronie de Dewglie, etc.
Carolus Dei gratia magne Britannie Francie et Hibernie rex fideique defensor
Omnibus Probis hominibus totius terre sue clericis et laicis salutem Sciatis nos
Dedisse concessisse disposuisse et hac presenti carta nostra confirmasse tenoreque

120 APPENDIX.

eiusdem dare concedere disponere ac pro nobis et successoribus nostris pro perpetuo
confirmare Dilecto nostro Willelmo Broun filio legitimo primogenito et heredi quon-
dam Joannis Broun de Fordell ex secundo matrimonio legitime procreato heredibus
et assignatis dicti W" quibuscunque liereditarie Omnes et singulas terras baronie
de Dewglie cum suis partibus pendiculis anuexis connexis domibus edificijs etc., nec-
non totum et integrum molendinum de Arnegosk cum terris molendinarijs multuris
sequelis annexis connexis et omnibus suis pertinentijs ac etiam omnes et singulas
decimas garbales ville de Dewglie cum suis pertinentijs jacentes in dominio de Cam-
buskenneth et infra vicecomitatum nostrum de Pertb : Quequidem terre molendinum
terre molendinarie multure sequele decime garbales aliaque particulariter superius
specificata cum omnibus suis annexis connexis partibus pendiculis et pertinentijs qui
buscunque Joanni Broun nunc de Fordell filio legitimo natu maximo et heredi dicti
quondam Joannis Broun de Fordell sui patris inter ipsum et [Catherinam Lindsay]
eius sponsam ex primo matrimonio legitime procreato perprius hereditarie pertinuerunt
Et que nos cum avisamento expresso censensu et assensu W™ OUphant de Pitlochie
Jacobj Melvill de Halhill Boberti Broun apparentis de Fynmonth magistri Roberti
Lindsay fratris Dauidis domini de Balcarras et magistri Georgij Grahame de Insehe-
braikie aut trium eorum illius curatorum pro eorum interesse pro perimpletione et
obseruatione vnius partis contractus matrimonialis inter dictum* quondam Joannem
Broun de Fordell ab vna et mgistrum Wmum Adamesoun* de Craigcruik et dictam
Margaretam Adamesoun eius filiam legitimam vnanimi consensu et ilia pro seipsa
cum consensu dicti sui patris partibus ab altera initi et confecti de data duodecimo
die mensis Aprilis anno Domini millesimo sexcentesimo vigesimo septimo penes
inatrimonium tunc contractum et postea solemnizatum inter dictum quondam Joan-
nem Broun de Fordell et dictam Margaretam Adamesoun per suos legitimos procura-
tores literas procuratoriales resignationes literas patentes ad hoc specialiter factos et
constitutes sursum reddidit pureque et simpliciter per fustim et baculum vt moris est
resignauit In manibus nostris et in manibus dictorum dominorum nostrorum com-
missionariorum tanquam potestatem et comiuissionem vt premissum est habentium
tanquam in manibus dicti Joannis Broun nunc de Fordell inimediati legitimique
superioris earundem raiione sursum redditionis et resignationis per Joannem comitem
de Mar etc., olim superiorem earundem terrarum dominij et monastery de Cambus-
kenneth de quibus eedem perprius tenebantur in feudifirma et sic pars earundem et
terrarum ecclesiasticarum dicti regni nostri Scotie existens ad perpetuam remanentiam
apud cum omnibus jure titulo interesse et jurisclameo proprietate et posses-

sione que seu quas dictus Joannes Broun nunc de Fordell heredes sui et assignati in et
ad easdem aut aliquam earundem partem habuit habet seu quouismodo habere clamare
aut pretendere poterit aut poterint aliquo tempore preterito vel futuro In fauorem
dicti W™ Broun suorumque prescriptorum pro hoc nostro novo hereditario infeofa-
mento per nos nunc tanquam legitimum superiorem earundem in debita et com-
petenti forma desuper dando et conficiendo prout autentica instrumenta desuper
suscepta latius proportant Tenendas et habendas omnes et singulas dictas terras dicte
baronie de Dewglie Ac etiam totum et integrum dictum molendinum de Arnegask

APPENDIX. 121

cum terris nrolendinarijs multuris sequelis annexis connexis et omnibus suis perti-
nentijs necnon totas et integras dictas decimas garbales dicte ville de Dewglie cum suis
pertinentijs jacentes vt predicitur prefato Willielmo Broun heredibus et assignatis
suis superius specificatis de nobis et successoribus nostris nunc superioribus earun-
dem ratione supramentionata in feudifirma et hereditate imperpetuum Per omnes
rectas metas suas antiquas etc. Eeddendo annuatim dictus Willielmus Broun heredes
sui et assignati predicti nobis et successoribus nostris nunc superioribus in loco et jure
supramentionatis aut alijs jus habentibus eorum factoribus camerarijs seu alijs eorum
nominibus Pro dictis terris dicte baronie de Dewglie summam octuaginta mer-
carum vsualis monete huius regni nostri Scotie Et predicto molendino summam sex
mercarum monete predicte ad duos anni terminos festa viz. Pentecostes et Sancti
Martini tanquani firmam et devoriam pro eisdem ex antiquo solitam et consuetam
ac etiam summam sex mercarum monete prescripte in augmentationem antiqui ren-
talis dictarum terrarum de Dewglie cum pertinentijs Et summam quadraginta soli-
dorum in augmentationem firmarum et feudifirme firmarum et devoriarum dicti
molendini cum terris molendinarijs multuris et sequelis eiusdem Extendentes in
integro ad summam sexaginta trium librarum sex solidorum et octo denariorum
monete predicte ad terminos antedictos per equales portiones solvendorum Eeddendo
et solvendo similiter annuatim dictus Willielmus Broun heredes sui et assignati pre-
dicti Episcopo Dunkeldensi et successoribus suis eorumve factoribus et camerarijs pro
predictis decimis garbalibus dicte ville de Dewglie summam quinque librarum monete
predicte in relevamen dicti monasterij de Cambuskenneth fructum in terminis solitis
et consuetis ad cuius summe astringentur et obligabuntur solutionem ac etiam heredes
dicti Willielmi Broun duplicando dictam feudifirmam primo anno eorum introitus ad
predictas terras molendinum et decimas garbales antedictas cum pertinentijs prout
vsus est feudifirme tanquam antiquam feudifirme firmam devoriam et augmentati-
onem in originali infeofamento earundem feudifirme contentas tantum Et si continsat
dictum Willielmum Broun heredes suos et assignatos deficere in solutionem dictarum
summarum et annuarum devoriarum per tres terminos simul in vnum concurrentes
Tunc et in eo casu presens nostrum infeofamentum irritum et exspiratum omnimodo
erit ac si idem nunquam datum et concessum fuisset Et nobis et nostris predictis
superioribus earundem reversurum absque omni strepitu juris aut figura judicij et
nullius roboris efficacie effectus vel momenti erit et declarabitur secundum tenorem
dicti antiqui infeofamenti Eeservato tamen libero tenemento seu vitali reditu omnium
et singularum predictarum terrarum dicte baronie de Dewglie Necnon totius et
integri dicti molendini de Arnegosk cum terris molendinarijs multuris sequelis
annexis connexis et omnibus suis pertinentijs ac etiam omnium et singularum deci-
marum garbalium dicte ville de Dewglie cum pertinentijs dicte Margarete Adame-
soun relicte quondam Joannis Broun de Fordell predicti libere tenementarie earun-
dem pro omnibus sue vite diebus secundum tenorem dicti contractus matrimonialis
infeofamentorum et jurium earundem In cuius rei testimonium huic presenti carte
nostre magnum sigillum nostrum apponi precepimus Testibus vt in alijs cartis con-
similis date precedentibus Apud Edinburgum vigesimo quarto die mensis Decem-

122 APPENDIX.

bris anno Domini millesiino sexcentesimo trigesimo quarto et anno regni nostri
decimo. — Reg. Mag. Sig.

May 18, 1643. — Tack by Margaret Adamsone, relict of John Broune of
Fordell, to " Henrie Meldrum in Eister Balbartane, his aires and assignais, being of
nae heigher degree nor himselfe," of the lands of Wester Balbartane, in the parish
of Kinghorn, for seven years, for payment to the said Margaret or her heirs, etc., " of
the number of fyftie aucht bollis victuall, guid and sufficient stuff, mercat mett and
mercatt measure, quherof twentie three bollis weel cleane dicht bear, and therof
thretie five bollis clean weel scheallit aite meale, with sex capones, auchteen hennis,
and three dossen of young foullis yearlie." At Edinburgh, 2d May 1635. — Reg. of
Deeds.

1642, July 27. — Disposition by Sir James Galloway, knight, Master of Be-
quests, of three tenements in the Canongate of Edinburgh, in favour of Margaret
Adamson, relict of John Brown of Fordell, sister's daughter of the said Sir James,
for " the love and respect " he has and bears to her, in liferent, and to William
Brown, her son and " his bairnes ane or mae laufullie to be procreat of his bodie
allenarlie ; " whom failing, to Thomas Galloway, " my natural! sone " and his heirs,
reserving to the granter and his said son " at all occasions quhen it sail happen us,
or aither of us, to be within this kingdom, the use of these rowmes underwritten, viz.,
the haill upper rowme of the said tenement, and bedding, quhairof the entrie is
designit to be with tua doores, the ane thereof entering above the hall and the other
above the chamber of eais, both contigue together upone the top of the turnepek,
togidder with the keitchin, sellars, stabillis," etc. At Canongate, 13th June 1642.
Witnessed by Sir Bobert Spotswode of Dunypace, Sir Lues Stuart, advocate ; Mr.
Alexander Guthrie, town clerk, etc. — Reg. of Deeds, vol. 540.

Crown Charter to James Broun, son and heir of the late George Broun,
chamberlain at Eestenneth, of the lands of Pitreuchie, in the priory of Eestenneth
and shire of Forfar, upon his own resignation. At Edinburgh, 10th February 1643. —
Great Seal Register.

XIII. Sir John Broun of Fordell, Knight.

Nono Novembris 1633, licet. — In presence of the Lordis of Counsell compeirit
Mr. Samuell Gray, procurator for Sir David Lyndesay of Balcarres, knycht ; Frances
Ogilvie of Newgrainge ; David Broune of Fynmonth ; Mr. Bobert Broune of Pitkeny,
his brother german ; William Oliphant, somtyme of Gask ; Mr. Bobert Lyndesay,
brother germane to the said Sir David ; Margaret, Maisteris William and Bobert
Adamsones, eftirdesignit, and gave in the obligatione underwrittin, desyring the samen
to be insert and registrat in the bookes of Counsell, to have the strenth of ane decreit
of the Lordis thairof, that executoriallis mey pas thairvpone in nianer specifeit thair-
intill, quhairof the tenor followis : — We, the persones eftirnamit, wndersubscry veris,
speciall freindis and kinsmen of the hous of Fordell, having considerit the present

GALLOWAY, LORD DUNKELD.

Argent, a Lion rampant, azure armed and langued gules.

(Lyon Register.)

APPENDIX. 123

estate of the said hous, lyklie to fall and ruyne'be ressone of the burdenis quhairwith
it is presentlie distrest, the air being yit minor, and wther tua bairnes of the first
mariage left wnprovydit, and being most cairfull and willing to acquyt our selffis as
kynd and loving freindis and kinsmen, and to kyith our earnest desyre and affectione
quhilk we have to the standing and preservatione of the said hous and living of For-
dell, that the same may in some sort be keipit from ruyne till the air attene to the
perfyte aige of tuentie ane yeiris compleit, ffor that effect everie ane of ws be thir pre-
sents ar content, and condiscendis, and bindis, and obleissis ws faithfullie for the effect
foirsaidis : And for the better intertainment of the said air and remanent children above-
mentionat, to content and pay the particular soumes of monie aftirspecifeit, in maner,
at the termes, and wpon the provisiones eftirmentionat, ilkane of ws for our pairtis,
that is to say, Sir David Lyndesay of Balcarres, knycht, the soume of ane hundrethe
merkis money of this realme ; Frances Ogilvie of Newgrange and Elizabeth Adam-
sone, now his spous, and the said Frances, takand the burden on him for hir, the soume
of ane wther hundreth merkis monie ; David Broune of Fynmonth, the lyke soume of
ane hundreth merkis monie foirsaid ; Mr. Robert Broune of Pitkeny, his brother
germane, the lyke soume of ane hundreth merkis ; Williame Oliphant, somtyme of
Gask, the soume of fyiftie merkis monie foirsaid ; Mr. Robert Lyndesay, brother ger-
mane to the said Sir David, the soume of ffourscoir merkis money foirsaid ; Margaret
Adamsone, relict of vmquhill John Broune of Fordell, that laitlie deceist, the soume
of twa hundreth merkis monie foirsaid ; Mr. William Adamsone of Craigcruik, the
soume of ffyiftie merkis ; Mr. Robert Adamsone, his brother germane, the lyke soume
of ffyiftie merkis monie foirsaid, quhilkis particular soumes of monie everie ane of ws,
for our awne pairtis, as said is, bindis and obleissis ws to content and pay yeirlie, at
the terme of Mairtemes, during the minoritie of the said air, and ay and quhill he be
of perfyte aige of tuentie ane yeiris compleit, beginning the first yeiris payment
thairof at the terme of Martimes nixtocum in this present yeir of God jmvj° threttie
ane yeiris, and sa furth yeirlie thaireftir, during the space foirsaid, providing alwayes
that incace it shall happin in the mean tyme the said estate and living of the said
hous of Fordell tobe augmentit and helpit be deceis of ony of the lyiffrentaris, or
that it sail happen the said air to marie, then and in that cace, fra that tyme furth,
we, nor nane of ws be longer astrictit in payment of the foirsaidis soumes promittit
be ws as said is, bot thir presentis to ceis and expyre as gif the samen had nevir
bene maid nor grantit : Lykas also we have appointit, nominat, and chosen the said
Mr. Robert Adamsone to ressave the foirsaidis soumes fra ws in maner above specifeit :
Quhilkis soumes we obleis ws, ilk ane for our awne pairtis as said is, to pay and
delyvir within the burgh of Edinburgh, to the said Mr. Robert, yeirlie, at the terme, in
maner, and during the space befoir reherst : And the said Mr. Robert his dischairge
to be ane sufficient exoneratione to the payeris of the saidis soumes ; eftir the ressait
quhairof be the said Mr. Robert, we be thir presentis, gives full libertie and power to
him to depurse, give out, and imploy the samen soumes, or ony pairt thairof, alsweill the
said soume of ffyiftie merkis monie promittit be himselff, in maner foirsaid, as the
rest quhilk he sail happin to ressave of the foirsaidis soumes at the sicht of ony tua of

124 APPENDIX.

ws the foirnarnit freindis with hiniselff, as they sail find neidfull and expedient for the
caussis foirsaidis : It is alwayes provydit heirby be expres conditione of this present
band, and in sa far as concernis the said soume of ane hundreth merkis, promittit
yeirlie be me, the said Frances Ogilvy, and my said spous, that ane lawchfull
assignatione maid and subscryvit be ws (quhilk I, the said Frances, bindis and
obleissis me and my aires to caus my said spous ratifie judiciallie, and to warrand
the samen fra our awne proper factis and deidis allanerly), of the lyk soume of ane
hundreth merkis monie yeirlie, during the space foirsaid, ffurth of the first and
reddiest of the soume of thrie hundreth merkes, conditionit to me, the said Frances,
and my said spous, be vertew and conforme to ane contract past betuix ws, the said
wmquhill John Broune of Fordell and ws thairanent, sail be ane sufficient exonera-
tione to me, the said Frances, and my said spous, of the said soume of ane hundreth
merkis monie promittit be ws for our pairtis, as said is : And to the observing of the
haill premisses, we, the foirsaidis persones undersubscryveris, bindis and obleissis ws
faithfullie in the surest forme of band, all exceptione of law secludit : And for the
inair securitie we ar content and consentis thir presenttis ar insert and registrat in
the bookes of counsell and sessione, to have the strenth of ane decreit, with lettres
and executoriallis neidfull to pas heiron, and the horning tobe wpon ane single
chairge of sex dayes only, and heirby constitutis Mr. Samuell Gray our procuratoris.
In witnes quhairof, we have subscryvit thir presenttis (writtin be James Guthrie,
writter) at Edinburgh, the nyntene dayis of July jmvjc threttie ane yeiris, befoir thir
witnessis, the said James Guthrie ; David Lyndesay, servitor to me, the said Sir
David Lyndesay ; David Boyd, servitor to me, the said William Oliphant ; Mr.
James Orme, and Bichard Hay at Arngosk mylne : Sic subscribitur D. Lyndsay of
Balcarres; Fran Ogilvie ; David Broune of Finmoneth ; Bo* Broune; Williame Oliphant;
Mr. Ro* Lyndesay ; Mr. W™ Adamsone ; Mr. Bo* Adamsone ; Margaret Adamsone ;
David Lyndesay, witnes ; David Boyd, witnes ; J. Guthrie, witnes ; Mr. James Orme,
witnes to Margaret Adamsone hir subscriptione ; Bichart Hay, witnes also to the
said Margaretis subscriptione, etc. — Reg. of Deeds, vol. cccclxviii.

October 23, 1633. — Election of curators by John Brown of Fordell, who was
" evadit and past thefourtein " year of his age. Bersons summoned by edict to com-
pear— David Brown, elder of Finmonth, and Robert B., his eldest lawful son, and
apparent thereof, nearest of kin to the said pupil, " maist lionest and famous" on his
father's side, and a noble and potent lord, David, Lord Lyndsay of Balcarres, and Mr.
Bobert Lyndsay, his brother, nearest of kin "maist honest and famous," on his
mother's side, in special, and all others having or pretending interest. The persons
elected by the pupil were James Melville of Hallhill ; Mr. George Graham, fiar of
Inchbreikie ; Bobert Brown, fiar of Finmonth ; William Oliphant of Bitlochie ; and
the said Mr. Bobert Lyndsay, or any three of them conjunctly. Brown, Oliphant
and Lyndsay were present, and accepted of the office. Melville afterwards accepted.
— Commissariot of St. Andrews : Acta.

APPENDIX. 125

November 26, 1634. — Hec Inquisitio facta fuit in pretorio burgi de Edin-
brugh coram honorabilibus viris Marco Haniiltoun Alexandro Maxwell Jacobo
Dowglas et Eoberto Crichtoun clavigeris ordinary's vicecomitibus vicecomitatuum de
Pertb Forfar et Fyfe ac ballivis regalitatis de Dalkeith in hac parte per commis-
sionem S. D. N Eegis sub testimonio sui magni sigilli specialiter constitutis necnon
virtute dispensationis in eadem contente penes locum concesse vigesimo sexto die
mensis Novenibris anno Domini millesimo sexcentesimo trigesimo quarto per hos
honorabiles probos et fideles homines subscriptos nempe Davidem Crightoun de
Lugtoun militem Alexandrum Foullis juniorem de Colingtoun militem dominum
Eobertum Fairlie de Braid dominum Joannem Wauchop de Nidrie Eobertum Hamil-
toun de Bathgait Joannem Dundas de Newlistoun Gulielmum Murray de Netoun
Joannem Coupar de Gogar Magistrum Joannem Cant de Lawrestoun Jacobum Inglis
de Crawmond Hugouem Soinerwell de Drum Magistrum Gulielmum Naper de
Wrightisboussis Gilbertum Kirkwood de Pilrig dominum Ludovicuni Lawder de
Adiestoun et Magistrum Joannem Young de Eeidhewis Qui jurati dicunt quod
quondam Joannes Broun de Fordell pater Joannis Broun nunc de Fordell latoris pre-
sentium obijt vltimo vestitus et sasitus vt de feodo ad pacem et fidem dicti S. D. N.
Eegis de omnibus et singulis terris et alijs subtus specificatis viz. In omnibus et
singulis terris baronie de Dewglie Ac etiam in toto et integro molendino de Arngosk
cum terris molendinarijs multuris sequelis annexis connexis et earundem pertinentijs
Et similiter in omnibus et singulis decimis garbalibus ville de Dewglie cum suis
pertinentijs jacentibus infra dominium de Cambuskenneth et vicecomitatum de Pertb
In omnibus et singulis terris de Nether Fordie cum omnibus et singulis earundem
pertinentijs jacentibus in baronia de Strathvrde et infra vicecomitatum de Perth
antedictum In omnibus et singulis terris de Wester Balbartane cum vtrisque dinri-
dietatibus earundem et suis pertinentijs jacentibus in baronia de Aberdour constabu-
laria de Kingorne infra vicecomitatum de Fyfe at regalitatem de Dalkeith In tota et
integra limitata et bondata parte et portione subscriptis terrarum vocatarum lie
Kingismure jacentium in baronia de eodem et infra vicecomitatum de Forfar et
bondatarum vt sequitur in vulgari To witt the samyne limitat and boundit pairt and
portioun lyand contigue on the north, and the landis of Craignatra, and with the
landis callit the Waird, vtherwayes callit Cadame, and the samyne limitat and
boundit pairt and portioun forsaid lyand contigue on the eist with the gait
callit the burne of Cadame passeth furth fra the eist pairt of the saids landis of
Waird to the merch set doun be wmquhill Sir Thomas Lyoun of Auldbar, knyght,
and be Andro Gray of Lour, devyding his lands fra the said Muir and therfra wast-
ward fra the samyne merch ; The said limit and boundit pairt and portione
forsaid lyand contigue on the south with the lands of Meikilure, and the
peice of the said mure pertaineing to Neva of that ilk, adioynit to the

landis of Methie, as the samyne peice is devydit fra the west of the said mure be
stanes and merches imput and set in be the said Sir Thomas and be the said
Neva of that ilk. And lykwayes the said limite and boundit pairt and portioun for-
said lyand contigue on the west with the peice of the said mure alledgit pertaining to

126 APPENDIX.

the brugh of Forfar, as the samyne peice is devydit fra the rest of the said mure be
merches and stanes imput and set doun be the said vraquhill Sr Thomas and be the
said brugh, sua that the said limit pairt and portione forsaid of the saids landis callit
the Kingismure, sauld, annaliet, and disponit to Elizabeth Adamesoun in lyfrent and
Williame Broun of Fordell, hir sone, his aires and assignayes, in fie heretablie, hes
the saids lands of Craignatra and Waird on the north, the said burne on the eist, the
saids lands of Meiklelour and the said peice of the said mure adjoynit with the saidis
lands of Methie on the south, and the said peice of the said mure alledgit pertaining
to the said brugh of Forfar on the west pairtis. Cum speciali et plenaria potestate et
libertate occupandi laborandi colendi arandi et fodiendi dictam partem limitatam et
bondatam dictarum terrarum de lie Kingismure infra predictas omnes bondas limites
et metas eiusdem tanquam eorum proprietatem libere tenementarium et hereditatem
respective omni tempore futuro Necnon in omnibus et singulis terris de Craignathrow
vnacum decimis garbalibus earundem inclusis jacentibus infra baroniam de Resten-
ueth et vicecomitatum de Forfar antedictum Et quod dictus Joannes Broun nunc
de Fordell est legittimus et propinquior heres dicti quondam Joannis Broun de
Fordell eius patris de omnibus et singulis predictis terris baronia decimis garbalibus
molendino terris molendinarijs multuris sequelis et alijs particulariter superius specifi-
catis . . . Et quod est legitime etatis Et quod omnes et singule predicte terre et
baronia de Dewglie . . . Ac etiam totum et integrum dictum molendinum de Arngosk
cum terris molendinarijs multuris sequelis annexis connexis et omnibus suis pertin-
entijs Et similiter predicte decime garbales dicte ville de Dewglie cum pertinentijs
nunc valent per annum firmas feudifirme et divorias subtus specificatas viz. predicte
terre dicte baronie de Dewglie cum omnibus earundem pertinentijs summam octua-
ginta mercarum vsualis monete regni Scotie Et dictum molendinum de Arnegosk
summam sex mercarum monete predicte ad duos anni terminos consuetos festa viz.
Pentecostes et Sancti Martini in hieme tanquam firniam et divoriam earundem pro
eisdem solvi solitas et consuetas Ac etiam summam sex mercarum monete supra-
scripte in augmentationem rentalis dictarum terrarum de Dewglie cum pertinentijs
et quadraginta solidorum in augmentationem firnie antedicte dicti molendini cum
terris molendinarijs multuris et sequelis eiusdem Extendentes in integro ad summam
sexaginta trium librarum sex solidorum et octo denariorum monete predicte ad ter-
minos supramentionatos per equales portiones Ac etiam summam quinque librarum
monete antedicte pro dictis decimis garbalibus dicte ville de Dewglie ad terminos
prescriptos Ac duplicando dictam feudifirmam primo anno introitus heredis ad pre-
dictas terras molendinum et decimas garbales cum pertinentijs prout vsus est feudi-
firme et tantum valuerunt tempore [pacis] Et quod eedem terre molendinum decime
garbales aliaque superius specificata perprius de Joanne comite de Mar domino
Erskine et Garioche etc. superiore earundem tente Et nunc de S. D. N. Bege ration e
sursum traditionis et resignationis per dictum comitem in manibus dicti S. D. N.
Regis dicte baronie de Cambuskenneth in feudifirma et hereditate imperpetuum pro
annua solutione feudifirme firmarum devoriarum et augmentionum superius men-
tionatarum infeofamento feudifirme earundem contente Et quod predicte terre de

APPENDIX. 127

Nether Fordie cum omnibus et singulis suis pertinentijs nunc valent per annum
decern mercas et valuerunt tempore pacis sex rnercas Et quod eedem de Andrea
Moncur de eodem in libera albafirma tenentur in capite pro annua solutione vnius
denarij vsualis monete regni Scotie apud dictas terras nomine albefirme si petatur
tantum et quod omnes et singule predicte terre de Wester Balbartane cum pertinentijs
nunc valent per annum summam quinque mercarum vsualis monete antedicte ad
dicto duos anni terminos Pentecostes et Sancti Martini per equales portiones nomine
albefirme Et tantum valuerunt tempore pacis Et quod eedem terre de Gulielnio
comite de Mortoun domino Dalkeith et Aberdour superiore earundem tenentur in
capite pro annua solutione dicte summe quinque mercarum monete prescripte ad
terminos superius mentionatos nomine albefirme Et quod dicta limitata et bondata
pars et portio dictarum terrarum de Kingismure cum privilegijs et pertinentijs
earundem superius specificatis jacens et bondata vt supra nunc valet per annum
viginti solidos Et tempore pacis valuit sex solidos et octo denarios Et quod eedem
de heredibus et successoribus dicti quondam domini Thome Lyoun de Auldbar milite
superioribus earundem in feodo hereditate et libera albafirma tenentur pro annua
solutione vnius denarij super solum alicujus partis eiusdem limitate et bondate partis
et portionis antedictarum terrarum de Kingismure ad festum Pentecostes nomine
albefirme si petatur tantum Et quod omnes et singule predicte terre de Craigna-
throw . . . nunc valent per annum du£s mercas vsualis monete hums regni pre-
dicti ad duos anni terminos Pentecostes et Sancti Martini in hieme per equales por-
tiones nomine feudifirme Et tantum valuerunt tempore pacis Et quod decime garbales
antedictarum terrarum nunc valent per annum summam vnius merce monete predicte
ad terminos prescriptos per equales portiones etiam nomine feudifirme Et tantum
valuerunt tempore pacis ac duplicando dictam feudifirmam primo anno intro-
itus heredis prout vsus est feudifirme Et quod eedem terre decime aliaque predicta
cum pertinentijs perprius de Thoma comite de Kellie tenebantur Et nunc de dicto
S. D. N. Eege ratione sursum traditionis et resignationis per ipsum in manibus
dicti S. D. N. Kegis in feudifirma et hereditate tente pro annua solutione dictarum
feudifirmarum et aliorum in originali infeofamento feudifirme earundem tantum Et
quod omnes et singule prenominate terre baronie moleudiuum terre molendinarie
multure sequele decime garbales etc. nunc sunt prout exstiterunt in manibus dic-
torum superiorum earundem respective supra expressorum continuo a decessu dicti
quondam Joannis Broun de Fordell patris dicti Joannis Broun nunc de Fordell latoris
presentium qui obijt in mense Junij anno Domini millesimo sexcentesimo trigesimo
primo per spatium trium annorum et quinque mensium aut eocirca ratione non in-
troitus in defectu dicti Joannis Broun nunc de Fordell eius veri legittimi et propin-
quioris heredis jus suum hucvsque minime prosequentes Eeservato tamen libero
tenemento seu vitali redditu omnium et singularum dictarum terrarum baronie de
Dewglie ... Ac etiam de toto et integro dicto molendino de Arngosk cum terris molen-
dinarijs multuris sequelis annexis connexis et suis pertinentijs quibuscunque Nee
non de omnibus et singulis predictis decimis garbalibus dicte ville de Dewglie cum
pertinentijs Et similiter de omnibus et singulis dictis terris de Wester Balbartane

128 APPENDIX.

cum suis pertinentijs Margarete Adaniesoun relicte dicti quondam Joannis Broun de
Fordell pro omnibus sue vite diebus secundum tenorem eius contractus matrimonialis
infeofamentorum jurium et securitatum factorum et inde sequentium In cuius rei
testimonium sigilla quorundam eorum qui dicte inquisitioni intererant presentibus
apponuntur sub brevibus inclusis vna cum sigillis dictorum vicecomitum in hac parte
sub anno die et mense quibus supra Sic subr Ita est Arthurus Stratoun notarius
publicus ac scriba curie predicte inquisitionis et retornatus testantibus meis signo et
subscriptione manualibus. — Reg. of Retours, vol. xiv.

October 27, 1636. — Tbe inventarie and testament dative of the guidis, geir,
and dettis of wmquhill Issobell Mwrray, spous to Jon Browne of Fordell, within the
Pariochine of Falkland and shirreffdome of Fyffe, the tyme of hir deceiss quha
deceissit in the moneth of 16 yeiris, ffaithfullie maid and givin vpe be

Schir Andro Murray of Ballwaird, knycht ; Gilbert and Mr Wm Murrays, onlie
lawfull brithers germane to the defunct and executoris datives decernit to tbair said
vmquhill sister be decreit of the Commissary of St. Andrews, the ffourt day of
October 1636 yeiris.

In the ffirst, the defunct deceissand within yeir and day eftir hir marriage, and
had na housshauld plenishinis, plentellis nor domeceillis exceptand the abuilyementis
of hir bodie, estimat to ijc lib.: Summa of the inventarie, ij° lib.

Dettis awand to the dead : — In the ffirst, thair were belonging to the defunct, tym of
hir deeceis foirsaid, viijm lib.,quhilk was deliwerit to hir said husband in name of toucher
guid, and now perteinand to hir executoris because schoe deceissit within yeir and day
efter hir mariage. Summa of the saidis dettis, viijm lib. Summa of the inventarie and
dettis, viijmij° lib., — quhairof thair is na dewisioun. The present testament before
writtin, togidder with the executoris thairin constitut, is confirmit vpone the xxvij day
of October 1636 yeires. The saidis executoris maid faith, and Williame Murray in'
Highame, is become cautioun, etc. The saidis executoris are auctorizate to releive
him of the said cautiounrie. — Commissar iot of St. Andrews : Testaments, vol. ix.

Instrument of resignation of the lands and barony of Bossie and others in favour
of the Bight Honourable Sir James Scott of Bossie, Knight, Collonell, and the heirs
male of his body, whom failing, to his nearest and lawful heirs and assignees, and the
lands of Wester Bossie in liferent to Dame Antonia Willobie, his spouse, proceeding
on procuratory of resignation, February 29, 1639, and dated October 10, same year. —
Rossie Titles.

Nono Novembris 1611. — In presens of the Lordis of CounseU comperit Bobert
Stewart, advocate, procuratour speciallie constitut for Johne Broun of Fordell, and
gaue in the dischairg wnderwrittine, subscryveit with his hand, quhairof the tennour
fallowis : Be it kend till all men be thir present lettres, me, Johne Broun of Fordell,
fforsameikill as David, Lord of Balcaras, designit in the obligatione underwrittine Sir
Dauid Lyndsay of Balcaras, knycht ; Francis Ogiluy of Newgreang, and Elizabeth
Adamsone, now his spouse ; Dauid Broun of Fynmont ; Mr. Bobert Broun of Pitt-

APPENDIX. 129

kenney ; William Oliphant, sometyme of Gaske ; Mr. Bobert Lyndsay, brother ger-
mane to the said Dauid, Lord Balcaras ; Margaret Adamsone, relict of wmquhile
Johne Broun, sometyme of Fordell ; Mr. William Adamsone of Cragcruik, and Mr.
Bobert Adamsone, his brother, — be thair band, daitit the nynt and nyntine dayes of
July j"Vj° threttie ane yeires, ffor the caussis thairin mentionat, obleistthame to haue
payit to me, the said Johne Broun, and Bobert and Keathrine Brunes, my brother
and sister, tua bairnes of the first marriage, the sowmes of money underwrittine vide-
licet, the said Dauid, Lord Balcaras, the sowme of ane hundrethe merkis ; the said
Francis Ogiluy, the sowme of ane hundrethe merkis ; the said Dauid Broun, ane
hundrethe merkis ; the said Mr. Bobert Broun, ane hundrethe merkis ; the said
William Oliphant, ffyftie merkis ; the said Mr. Bobert Lyndsay, ffourscore merkis ;
the said Margaret Adamsone, tua hundrethe merkis ; the said Mr. William
Adamsone, ffyftie merkis ; the said Mr. Bobert Adamsone, ffyftie merkis money
of this realme, and that yeirlie, at the feist of Mertimes, dureing the minoritie
of the air of Fordell (quhilk is my selff), and ay and quhill I war of the age
of tuentie ane yeiris compleit, beginand the first yeiris payment at Mertimes
j"Vjc threttie ane yeiris, and sua furthe dureing the space foirsaid, with provisione
that incais it should happine in the meantyme, the said estait and leiveing of the
said hous of Fordell to be augmented and helped be deceas of any of the lyf-
rentaris, or the said air to marie, that fra then furthe the saidis persones to be no
longer astrictit in payment of the saidis sowmes. Bot the said band to ceis and
expyre lykeas the said Mr. Bobert Adamsone was appointed nominat, and chosine be
the said band to vplift the saidis sowmes, and to quhome the saidis persones became
obleist for delyvrie thairof, as in the said band of the dait foirsaidis, conteining divers
heids, articles, claussis, and conditiones, registrat in the buikis of Counsell vpon the
nynt day of November jmvj° threttie thrie yeiris at mair lenth proportis. And trew
'it is that the foirsaid persones, and ilk ane of them for thair awne pairtis, maid
thankfull payment to the said Mr. Bobert Adamsone and James Adamsone, his
brother, and factour in his name, off the particular sowmes foirsaidis off all yeiris
bygane preceiding the dait of my manage, that the said band and benefit thairof
expyrit, and that the said Mr. Bobert Adamsone and his factour in his name, hes
mead gud and thankfull payment to me and the saidis bairnes of the first mariag, at
least for our intertinnement at schooles, als weill of his awne particular sowmes for-
said, vndertane and obleist to be payeit be him the yeires foirsaidis, as of the vther
particulare sowmes abovewrittine. Off the quhilkis sowmes I hold me weill content
satisfiet, and payeit ; thairfor witt ye me to haue exonerit quytclameit, and simplice-
ter dischairgeit . . . the foirsaidis persones ... of the foirsaidis sowmes of money
particularlie abovewrittine. . . . Subscryveit att Edinburgh, the sextine day of October
jmvjc fourtie ane yeiris befoir thir witnesses — Mr. Laverance Obphant, advocat ; Johne
Guthrie, servitour to the said Francis Ogiluy ; Jamas Aitkin, wreter in Edinburgh ;
and George Abernathie, writer heirof. — Reg. of Deeds, vol. 533.

November 23, 1611. — Discharge by "Margaret Adamsone, relict of wmquhile

130 APPENDIX.

Johne Broun of Fordell, and Keathrine Adamsone, her sister, dauchteris lawfull to
wmquhile Mr. William Adamsone of Cragcruik, procreat betuix him and wmquhile
Dorathie Galloway, his first spous, and sisteris lauful to wmquhile Jonnet and Anna
Adamsones, lykwayes dauchteris to the said wmquhile Mr. William, and the said
Dorathie," to " Sir James Galloway, secretar to our soverane lord designit be the band
. . . Mr. James Galloway, sone to wmquhile Mr. Patrik Galloway, minister of Christis
evaugell at Edinburgh," their uncle, for 8000 merks contained in his bond, dated. . . .
Dated at the Canongate, November 20, 1640. — Ibid.

Renunciation by William Oliphant of Balgouny, in favour of Sir John Brown of
Fordell, knight, of all and whole the lands of Fordell, called Easter Fordell,
Blairstrowie, and Cottownes, lying within the barony of Dunkeld and sheriffdom of
Perth, in which the said William Oliphant had been seised in consideration of having
advanced the sum of 13,000 merks Scots owing to certain creditors of the said Sir
John, during his minority, and which had been so advanced with consent of Robert
Brown of Finmonth, James Melvill of Halhill, and Mr. Robert Lyndsay, brother-
german to Lord Balcarres, his curators. Subscribed at Edinburgh 19, and recorded
20 April 1647. Witnesses, Mr. Lawrence Oliphant, advocate; Patrick Murray of
Woodend ; Andrew Lundie, son to Andrew Lundie of Conland ; and Thomas
Nasmyth, notary public. — Gen. Reg. Sas., vol. lvi. fol. 170.

17 Dec. 1653.— Obligation by "Sir John Broune of Fordaill, Knycht," to
"James Broune, Chyrurgeane, burges of Edinburgh," for 10,000 merks Scots,
borrowed money. " William Oliphant of Balgounie, Robert Broune of Finmonth, and
James Broune, cordiner, burges of Edinburgh," are his cautioners. Dated and sub-
scribed at Edinburgh 16th April 1647. — Reg. of Deeds, vol. 593.

Sasine proceeding upon Precept, by Wm. Earl of Morton, in favour of Sir John
Brown of Fordell, knight, as heir to his father, the late John Brown of Fordell, of the
lands of Wester Balbartane, in the barony of Aberdour and sheriffdom of Fife. The
Precept is dated at Aberdour 24 April 1647. John Brown, brother-german of
Robert Brown of Fynmouth, acts as attorney for Sir John. — Gen. Reg. Sas., vol. lvi.
fol. 225.

14 July 1647. — Sasine proceeding on charter by Archibald Lord Angus to Sir
John Brown of Fordell, knight, of the lands of Coalfargie and others, in the parish of
Abernethy. The charter is dated at Edinburgh 9th June 1647. William Oliphant
of Balgouny is attorney for Sir John. — Ibid. fol. 438.

14 July 1647. — Sasine proceeding on charter by Lawrence Keir of Nether
Colcuquhair, with consent of Margaret Balfour, his wife, in favour of Sir John Brown of
Fordell, knight, of the lands of Wester Fordell, with the pendicle called Pareis, which
lands are proper parts of the barony of Forgandenny. The charter is dated at Hal-
tounhill 10 June 1647. Michael Balfour of Pitmedden is a witness. David Brown
in Abbotsduiglie is a witness to the sasine. Robert Hay of Strowie is attorney for
Sir John.— Ibid. fol. 437.

APPENDIX. 131

Contract between Archibald Lord Angus, heritable proprietor of the lands and
others after-mentioned, and Sir John Brown of Fordell, knight, whereby, in considera-
tion of the sum of £41,000 Scots having been paid, the said Archibald Lord Angus
gives, grants, dispones, and in feu-farm lets to the said Sir John Brown, his heirs-male
and assignees whatsoever, heritably and irredeemably, without reversion, the lands of
Culfergie, Easter and Wester Courries, Haltounfargis, and others, lying within the
parish and barony of Abernethy and sheriffdom of Perth. Dated and subscribed at
Edinburgh, 9th June 1647, before these witnesses, William Olyphant of Balgonie ;
Mr. Lawrence Oliphant, advocate; Mr. William Syme, writer in Edinburgh; Alex-
ander Douglas, W.S. ; Mr. William Douglas, advocate ; and Patrick Douglas, servitor
to the said Lord Angus. Kecorded 6th June 1778. — Reg. of Deeds, Durie Office,
vol. ccxxxvii. p. 546.

Instrument of Resignation of the lands and barony of Rossie in favour of Sir John
Brown of Fordell, knight, and Marie Scott, eldest lawfull daughter to Sir James Scot of
Possie, knight-banneret, procreate betwixt him and Dame Antonia Willobie, his spouse,
promised spouse to the said Sir John Brown, and the longest liver in conjunct fee, and
the heirs lawfully to be procreat betwixt them ; whom failing, to the heirs lawfully to be
begotten of the said Marie Scot by any other husband ; whom failing, to Anne Scott,
her sister-german, and the heirs lawfully to be begotten of her body ; whom failing,
to the said Sir James Scot, his nearest and lawful heirs and assigns, etc., reserving
always their liferent to Sir James, and her terce to his spouse, the lands all to be
redeemable by the heirs-male of the body of Sir James Scot, by his present or any
other spouse, by payment of 27,000 merks, and usual interest, to Sir John Brown
and his said promised spouse, in terms of their contract of marriage, dated at Rossie
11 Feb. last. Dated 18 February 1648.— Rossie Titles.

Extract Retour of the special service of Sir John Brown of Fordell, knight, as
lawful and nearest heir of the deceased William Brown, his brother (frater consan-
guiueus), in the lands of the barony of Dewglie, Mill of Arngosk, with mill lands
thereof, multures, sequels, etc., also in the teind sheaves of Dewglie, all lying in the
lordship of Cambuskenneth and shire of Perth. The service is in similar terms to
the charter of the aforesaid William Brown (id supra, p. 119), and is expede in the
Tolbooth of Perth, before Mr. John Murray of Cowdoun, sheriff-depute of James, Earl
of Tullibardine, Sheriff-principal of Perth, the persons of inquest being — Hugh
Mitchell of Kincarroquhie, David Muschet of Spittletoun, David Muschet of Calze-
chatt, William Moncreiff of Kildeismylne, Ninian Thomson in Cairney, Patrick
Martine of Newmylne, Alexander Martine, his brother, David Murray in Eddradoll,
Robert Menzies in Buchanty, John Johnstone in Cultmalundie, Thomas Irving,
Alexander Moncreiff, Henry Brown, Gilbert Fairie, and John Wyllie, burgesses of
Perth. Dated 26 February 1648.— Retours, vol. xix. fol. 223.

Precept for Crown Charter in favour of Sir John Brown of Fordell, knight, and
Marie Scot, his affianced spouse, eldest daughter of Sir James Scot of Rossie, Baronet,

132 APPENDIX.

by Lady Antonia Willoby, his spouse, of the barony of Eossie, dated 1st March 1648.
— Reg. Sec. Sig., Lib. cxiv. fol. 386.

Precept for Crown Charter to Sir John Brown of Fordell, and Marie Scot, his
promised spouse, and their heirs, of the lands of Easter Fordell, in terms of their
marriage contract of date at Eossie 11th February 1648. Dated 1st March 1648. —
Ibid. fol. 388.

Carta Domini Joannis Broun de Fordell, militis, teerartjm et
Bakonie de Fordell.

Carolus Dei gratia Magne Britannie Francie et Hybernie Eex fideique defensor,
Omnibus probis hominibus totius terre sue clericis et laicis salutem. Sciatis nos
cum avisamento .... dedisse concessisse disposuisse et hac presenti carta
nostra confirmasse tenoreque eiusdem dare concedere disponere ac pro nobis et
successoribus nostris pro perpetuo confirmare dilecto nostro domino Joanni Broun de
Fordell militi et heredibus legitime procreandis inter ipsum et Mariam Scot filiam
legitimam natu maximam domini Jacobi Scott de Eossie militis ejus sponsam pro-
missam quibus deficientibus legitimis et propinquioribus heredibus masculis et assig-
natis quibuscunque dicti domini Joannis Broun hereditarie (sub reversione pro-
visionibus conditionibus et restrictionibus specificatis et contentis in contractu facto
penes matrimonium inter prefatos dominum Joannem Broun et Mariam Scot de data
apud Eossie vndecimo die mensis Februarij vltimo elapsi que sunt et tanquam pro
expressis in hac presenti carta nostra habebuntur) Omnes et singulas terras de
Eister Fordell cum molendino earundem Blairstrowie et Cottounes cum turre fortalicio
maneriej [loco] pomarijs hortis toftis croftis lie outsettis annexis connexis partibus
pendiculis et omnibus earundem pertinentijs quibuscunque jacentes in baronia de
Dunkeild infra vicecomitatum nostrum de Perth Et omnes et singulas terras et
baroniam de Dewglie .... Totum et integrum molendinum de Arngosk cum
terris molendinarijs multuris sequelis annexis connexis earundem pertinentijs ac
omnes et singulas decimas garbales ville de Dewglie cum earundem pertinentijs
jacens infra dictum vicecomitatum nostrum de Perth Quequidem terre baronia
aliaque suprascripta ad dictum dominum Joannem Broun perprius hereditarie per-
tinuerunt per ipsum de nobis imediate tente et per ipsum per suos legitimos pro-
curatores ipsius nomine ad hunc effectum specialiter constitutos et patentes literas
in manibus dictorum dominorum nostri scaccarij dicti regni nostri Scotie nostrorum
comniissionariorum nostram potestatem et comissionem resignationes nostro nomine
recipiendj habentium tanquam in manibus nostris dicti domini Joannis Broun
imediati legitimi superioris earundem pure et simpliciter per fustim et bacculum
vt moris est apud Edinburgum resignate fuerunt vna cum omni jure titulo interesse
et iurisclameo que dictus dominus Joannes Broun heredes seu assignati habuerunt
babent seu quovismodo habere vel clamare poterint in et ad terras baroniam aliaque
prescripta cum pertinentijs aut ad aliquam huiusmodi partem in futurum In favorem
proque hoc nostro novo infeofamento earundem per nos nostro sub magno sigillo

APPENDIX. 133

prefato domino Joanni Broun heredibus suis tallie et assignatis antedictis hereditarie
(sub reversione provisionibus oonditionibus et restrictionibus supramentionatis) in
debita et competenti forma desuper dando et concedendo provt autentica instru-
menta desuper suscepta in manibus Alexandri Leslie notarij publici de data decimo
octavo die mensis Februarij vltimo elapsi latius proportant Preterea pro bono fideli
et gratuito [seruicio] nobis nostrisque preclarissimis progenitoribus per dictum
dominum Joannem Broun suosque predicessores temporibus retroactis prestito et
impenso proque diversis alijs bonis causis et considerationibus nos moventibus nos
cum avisamento et consensu antedicto De novo dedimus concessimus et dispo-
suimus assedavimus arrendavimus locamus et in feudifirmam dimissimus et hac
presenti carta nostra coufirmavimus tenoreque eiusdem de novo damus concedimus
disponimus assedamus arrendamus locamus et in feudifirmam dimittimus ac pro
nobis et successoribus nostris pro perpetuo confirmamus prefato domino Joanni
Broun de Fordell militi heredibus suis tallie et assignatis antedictis hereditarie (sub
reversione provisionibus conditionibus et restrictionibus supraspecificatis) omnes et
singulas terras baroniam aliaque supra et subscripta, viz. omnes et singulas predictas
terras de Eister Fordell cum molendino earundem Blairstrowie et Cottounes cum turre
fortalicio manerie pomarijs hortis toftis croftis lie outsettis annexis connexis partibus
pendiculis et omnibus earundem pertinentijs quibuscunque omnes et singulas predictas
terras et baroniam de Dewglie .... Totum et integrum predictum molendinum
de Amgosk cum terris molendinarijs multuris sequelis annexis connexis et earundem
pertinentijs ac omnes et singulas dictas decimas garbales predicte ville de Dewglie

. . . . omnes vt dictum est jacentes vnacum omni iuretitulo interesse etc

Insuper nos pro causis suprascriptis proque diversis alijs bonis causis et considera-
tionibus nos moventibus ex nostra certa scientia proprio motu authoritate regia et
potestate regali cum avisamento et consensu antedictis fecimus vnivimus annex-
avimus creavimus et incorporavimus tenoreque presentis carte nostre facimus vnimus
annexamus erigimus creamus et incorporamus omnes et singulas predictas terras de
Eister Fordell terras et baroniam de Dewglie molendinum de Arngosk predictas
decimas garbales dicte ville de Dewglie aliaque supra scripta cum pertinentijs
partibus pendiculis et pertinentijs supra expressis in vnam integram et liberam
baroniam nunc ac omni tempore futuro Baroniam de Fordell nuucupandam ordinando
dictam turrim fortalicium et maneriei locum de Eister Fordell principale fore
messuagium dicte baronie Ac volumus et concedimus ac pro nobis et successoribus
notris decernimus et ordinamus quod vnica sasina nunc per prefatum dominum
Joannem Broun perque heredes suos tallie et assignatos supra specificates omni
tempore futuro apud dictam turrim et fortalicium et maneriei locum de Eister
Fordell capienda stabit et sufficiens erit sasina pro omnibus et singulis terris
barronia molendinis decimis alijsque suprascriptis cum omnibus suis partibus pen-
diculis et pertinentijs antedictis absque vlla alia speciali seu particularj sasina per
dictum dominum Joannem Broun suosque prescriptos apud aliquam aliam partem
seu locum huiusmodi suscipienda Non obstante quod eedem simul et contigue
minime jacent penes quas sasinas et cum omnibus que desuper sequi poterint nos

134 APPENDIX.

euro, avisamento et consensu antedictis dispensavimus tenoreque presentis carte nostre
pro nobis et successoribus nostris dispensamus imperpetuum Tenendas et habendas
omnes et singulas terras aliaque supra et subscripta .... prefato domino
Joannj Broun heredibus suis tallie et assignatis antedictis nobis et successoribus
nostris in feudifirma feodo et hereditate et libera baronia imperpetuum. Per omnes
rectas rnetas suas antiquas et di visas provt jacent in longitudine et latitudine. . . .
Eeddendo annuatim prefatus dominus Joannes Broun heredes sui tallie et assignati
antedicti nobis et successoribus nostris alijsque ius pro tempore habentibus pro
predictis terris de Eister Fordell molendino earundem Blairstrowie et Cottounes cum
turre fortalicio maneriei et pertinentijs earundem supramentionatis homagium et
servitium ac solvendo annuatim summam quadraginta mercarum annuj redditus
vsualis monete dicti regni nostri Scotie ad duos anni terminos vsuales festa viz.
1'entecostes et Sancti Martini in bieme per eqnales portiones ac servitia debita et
consueta Ac prestando tria secta ad tria placita capitalia baronie de Dunkeild
secundum tenorem antiquorum infeofamentorum earundem pro predictis terris et
Laronia de Dewgliecum pertinentijs summam octuaginta mercarum monete antedicte
pro predicto molendino summam sex mercarum monete supra scripte ad dictos duos
anni terminos consuetos festa viz. Penthecostes et Sti. Martini in hieme tanquam
tirmam earundem pro eisdem ab antiquo solvi solitam et consuetam Ac etiam
annuatim summam sex mercarum monete predicte in augmentationem antiqui
rentalis dictarum terrarum de Dewglie cum pertinentijs et quadraginta solidos in
augmentationem firmarum prefati molendini cum terris molendinarijs multuris et
sequelis eiusdem extendentes in toto ad summam sexaginta trium librarum sex
solidorum et octo denariorum monete antedicte etiam solvendo in terminis predictis
per equales dimidias portiones et predictis decimis garbalibus prefate ville de
Dewglie summam quinque librarum monete antedicte ad terminos solitos et con-
suetos Ac etiam predicti beredes tallie prefati domini Joannis Broun duplicando
dictam feudifirmam primo anno eorum introitus ad prefatas terras molendinum
decimas garbales cum pertinentijs provt vsus est feudifirme tantum Et si contigerit
dictum dominum Joannem Broun heredes suos tallie et assignatos antedictos
deficere in solutione prefatarum summarum et annuj census predicti per tres ter-
minos simul in vnum concurrentes tunc et in eo casu hoc presens infeofamentum in
quantum idem concernit seu extendi potest ad predictas terras et baroniam de
Dewglie et decimas garbales dicte ville de Dewglie cum pertinentijs irritum inane et
expiratum erit ac si non factum fuisset et ad nos et successores revertetur absque
omni strepitu juris aut rigore judicij nullius roboris et momenti decernendum
secundum tenorem antiquorum infeofamentorum earundem Providetur omni-
modo quod presens hec nostra carta erit absque preiudicio nostre annuitatis et
provisionum ministrorum stipendiorum provt de jure congruit In cuius rei testi-
monium buic presenti carte nostre magnum sigillum nostrum apponi precepimus
Apud Edinburgum primo die mensis Martij anno Domini millesimo sexcentesimo
quadragesimo octavo et anno Eegni nostri vigesimo tertio. — Reg. Mag. Sig., Lib. viii.
No. 116.

appendix. 135

Carta Domini Joannis Broun de Fordell, Militis, eiusque Sponse,
Terrarum et Baronie de Eossie, etc.

Carol us Dei gratia Magne Britannie Francie et Hibernie Bex fideique defensor
Omnibus probis horuinibus totius terre sue clericis et laicis salutem Sciatis nos . . . de-
disse concessisse disposuisse et hac presenti carta nostra confirmasse tenoreque eiusdem
dare concedere disponere ac pro nobis et successoribus nostris pro perpetuo confir-
mare dilectis nostris domini Joannj Broun de Fordell militi et Marie Scott filie le°i-
tiuie natu maxirae domini Jacobi Scott de Eossie militis baronetti inter ipsum et
dominam Antoniam Willobie eius conjugem procreate sponse promisse dicti domini
Joannis Broun eorumque alteri diutius viventi in coniuncta infeodatione et heredi-
bus inter ipsos legitime procreandis quibus deficientibus heredibus legitime pro-
creandis de corpore prefate Marie Scott cum aliquo alio marito cui ipsam nuptam
fore contigerit quibus deficientibus Anne Scott eius sorori germane et heredibus de
corpore ipsius legitime procreandis quibus deficientibus legitimis et propinquioribus
heredibus dicti domini Jacobi Scot vel in eius optione aliquibus alijs heredibus seu
assignatis per ipsum nominandis faciendis constituendis designandis vel ordinandis
per nominationem assignationem dispositionem seu quovis alio modo aliquo tempore
sue vite etiamsi in articulo mortis secundum privilegium contentum in novissimo
iufeofamento per nos sub nostro magno sigillo prefato domino Jacobo Scot de terris et
Baronia subscriptis concesso quibus deficientibus legitimis et propinquioribus here-
dibus et assignatis quibuscunque dicti domini Jacobi hereditarie (sub reversionibus
reversione provisionibus conditionibus et restrictionibus particulariter et generaliter
posteamentionatis) totam et integrant baroniam de Eossie comprehendentem terras
aliaque snbscripta, viz. totas et integras terras de Eister Eossie cum aula maneriei
loco etc. . . . ac etiarn omnes et singulas villain et terras de Wester Eossie et tres terna-
rias sive tertias partes huiusmodi per Jacobum Bonar olim de Eossie a personis subtus
specificatis hereditarijs feuditirmarijs earundem pro tempore conquestas et acquisitas
viz. vnam ternariam seu tertiam partem earundem a quondam Jacobo Scrim«eor de
Myres aliam ternariam siue tertiam partem earundem a Joanne Bonar seniore de
Lumquhatt et tertiam ternariam sive tertiam partem earundem a Thoma Hardie in
Dasmill . . . vna etiam cum toto integro lacu de Eossies anguillarum area lie Eilark
eiusdem paludibus lie myres de Eossies partis parcis lie Insches et gallis dicti lacus et
palludium de Eossies Necnon cum piscarijs Taui per cymbas naviculas retes quam
alias quovismodo infra integrum lacum cumque omnibus alijs partibus privile"iis
pendiculis et pertinentijs quibuscunque terrarum aliarumque supra scriptarum
jacentes infra senescaUatum et vicecomitatum nostrum de Fyff et infra speciales et
particulares bondas metas et limites subsequentes provt sequitur in vul^ari viz. Be-
ginnand at the eist at the dyk callit Bonaris dyk, and thair fra south eist be the
marche stanes imput in the sched of land callit Drumlaw to the well callit Lochvrie
quhilk devyds the lands of Eister Eossie fra the lands of Kinloch and fra the said
well passand south west be the end of the arrable landis of Kinloch Eister, Kilquhis,
and the moss callit Bowhousmos, whill it cum to the burne callit the Lochburne

136 APPENDIX.

dischending south west as the burne runs to the Lochburne Latch, and fra that west
and south as the burne runes quhill it cum to the lands of Wester Kilquhis be the
west, Eilsland, and fra thyn west as the dyk quhilk devyds the lands of Wester
Kilquhis fra the myre off Eossie, quhill it com to the southwest nuock of the samen
dyke, and thairfra west or therby to the burne of Auchtermughtie, callit the Medow
Landis, and aschending the samen burne to the stank quhilk dewyds the myre of
Eossie fra the arrable landis of Aughtermughtie, and passing vp the samen stank to
the myre yet and brigend of Wester Eossie, and thairfra passand vp the wester syd
of the arable landis to the west den of Eossie Wester, and passand through the mids
of the said den be ane stryp to the Whytfield, and therfra to the hie gait leidand be
Maires Landis to Lumquhatmillne, and fra the samen hie eist and north betuixt the
arrable lands of Lumquhatmillne and Lumquhat be ane stryp to St. Thomas Land
ends, and passand eist the said stryp quhill it cum to the niarche stanes betuixt the
arrable lands of Lumquhat and Wester Eossie, and downe be the said marche stanes
to the march steans betuixt Lumquhat and Eister Eossie, and doune Glen Cortas
den be the said marche steanes, and therfra northeist to the Lochieheid dyk, and
therfra be the march stanes to the den betuixt the landis of Wellersbie and Eister
Eosie, and doun the said den be the marche stanis to the forsaid dyk callit Bonars
dyk, whair the saids marchis begann Necnon totum et integrum molendinum de Lum-
quhattis cum domibus terris molendinarijs et omnibus suis pertinentijs jacens infra
dominium de Fyiff et vicecomitatum nostrum de Fyiff predictum inter terras de
Wester Eossie ex orientali terras de Auchtermughtie ex occidentali et torrentem a
dicto molendino currentem ex boreali et aquam de Bervie ex australi partibus ab vna
et alijs ac etiam communem pasturam ad dictum molendinum et terras molendinarias
spectantem in terra subhumida lie sward eird versus orientem et lacum de Eossie
descendendo per lie quhyt feild et occidental iter ad lie St. Brydiswell in terra sub-
humida inter torrentem et viam curialem vna cum omnibus et singulis liberis et
astrictis multuris lie sucken alijsque privileges libertatibus communijs et comodita-
tibus quibuscunque vsitatis et consuetis ad dictum molendinum et terras molendinarias
spectantibus et similiter omnes et singulas decimas garbales aliasque decimas tarn
rectorias quam viccarias totarum et integrarum predictarum terrarum de Eister Eossie
et Waster Eossie et terrarum de Nether Eossie que est pars dictarum terrarum de
Eister Eossie et molendini de Lumquhat predicti et terrarum molendinariarum eius-
dem cum partibus pendiculis et pertinentijs earundem omnes vnite in vnam baroniam
de Eossie nuncupatam vna etiam cum annuitate prefatarum decimarum dictarum
integrarum terrarum et baronie Eeservando omnimodo prefato domino Jacobo Scot
suo libera tenemento seu vitali redditu integrarum terrarum baronie molendini lacus
piscariarum annuitatis aliorumque prescriptorum durante omnibus ipsius vite diebus
Ac etiam reservando prefate domine Antonie Willobie eius vitali redditu terrarum
aliarumque subscriptarum viz. omnium et singularum predictarum ville et terrarum
de Wester Eossie et trium ternariarum seu tertiarum partium huiusmodi supramen-
tionatarum per dictum Jacobum Bonar olim de Eossie a predictis personis heredi-
tarijs feudifirmarijs earundem conquestarum et acquisitarum . . . vna etiam cum ilia

APPENDIX. 137

parte dicti maneriei loci de Eossie vocata lie New Wark totius et integri predicti
molendini de Lumquhat teirarum rnolendinariarum et communis pasture huiusmodi
suprascripte cum omnibus et singulis liberis et astrictis multuris lie sucken privi-
legijs libertatibus comunijs et comoditatibus quibuscunque visitatis et consuetis ad
dictum molendinum et terras molendinarias spectantibus vna cum decimis predic-
tarum terrarum Et annuitate prefatarum decimarum necnon reservando prefate
dornine Antonie Willobie vitali redditu totius et integri vnius annui redditus
sex celdrarum victualium bine partis avenarum et tertie partis hordej
boni et sufficientis mercimonij annuatim levandi et precipiendi inter festa
nativitatis domini et purificationis beate Marie virginis de ceteris dictarum
terrarum et baronie de Eossie ipsi in vitali redditu vt dictum est minime
reservatarum aut de aliqua earundem parte iacente vt supra Et hoc in plenariam
contentationem et satisfactionem dicte domine Antonie Willobie ipsius tertie et
tertie partis dictarum reliquarum terrarum et barronie omniumque aliarum terrarum
bereditatuum et annuorum redditunm que ipse spectare aut ad ipsam pertinere
poterit aut que ipsa petere vel clamare poterit per decessum dicti domini Jacobi
Scot eius mariti si ipsum post eius decessum superstitem fore contigerit prouidetur
similiter quod predicte integre terre et barronia de Eossie cum decimis earundem et
annuitate dictarum decimarum redimabiles erunt per heredes masculos legitime pro-
creates de corpore prefati domini Jacobi Scot cum dicta domina Antonia Willobie aut
aliqua alia coniuge quam contigerit ilium ducere a prefato domino Joanne Broun et
dicta sua sponsa promissa eorumque predictis per solutionem vel consignationem
summe viginti septem millium mercarum vsualis monete dicti regni nostri Scotie
vno die immediate precedeute festum Pentecostes vulgo Witsonewine super premoni-
tione quadraginta dierum precedentium in presentia notarij et testium vt congruit
locus redemptionis futurus in domo exteriori lie wter hous nove sessionis domus de
Edinburgh apud pedem pulpiti huiusmodi casu absentie seu recusationis consignatio
in manibus thesaurarij seu decani gilde burgi de Edinburgh fore periculo consignantis
subque ceteris provisionibus conditionibus et restrictionibus specificatis et contentis
in contractu facto penes matrimonium inter prefatos dominum Joannem Broun et
Mariam Scot de data apud Eossie vndecimo die mensis Februarij vltimo elapsi que
sunt et tanquam ad longum et de verbo in verbum insertis in hac presenti carta
nostra habebuntur Quequidem terre baronia decime annuitas aliaque suprascripta ad
prefatum dominum Iacobum Scot de Fiossie perprius hereditarie pertinuerunt per
ipsum de nobis imediate tente et per ipsum per legitimos suos procuratores ipsius
nomine ad hunc effectum specialiter constitutos et patentes literas in manibus
dictorum dominorum nostri scaccarij dicti regni nostri Scotie nostrorum commision-
ariorum nostram potestatem et comissionem resignationes nostra nomine recipiendi
habentium tanquam in manibus nostris prefati domini Iacobi Scot imediati legitimi
superioris earundem pure et simpliciter per fustim et baculum vt moris est resignate
fuerunt Apud Edinburgum vnacum omni titulo hire interesse et iurisclameo que
prefatus dominus Iacobus Scot heredes sui seu assignati habuerunt habent seu
quovismodo habere vel clamare poterint in et ad terras baroniam decimas aliaque

138 APPENDIX.

suprascripta cum pertinentiis aut aliquam huiusmodi partem in futurum In favorem
proque hoc novo nostra infeofamento earundem per nos nostra sub magno sigillo
prefato domino Ioanni Broun et dicte sue sponse promisse eorumque alteri
diutius viventi in coniuncta infeodatione et heredibus ipsorum tallie et assig-
natis antedictis hereditarie (sub reversionibus reversione provisionibus et condi-
tionibus et restrictionibus particulariter et generaliter supramentionatis) In debita
et competenti forma desuper dando et concedendo provt autentica Instruments
desuper suscepta in manibus Alexandri Leslie notarij publici de data decimo
octavo die mensis February vltimo elapsi latius proportant Preterea pro bono
fideli et gratuito servitio nobis nostrisque preclarissimis progenitoribus per prefatum
dominum Ioannem Broun suosque predecessores tempore preterito prestito et
impenso proque diversis alijs bonis causis et considerationibus nos moventibus nos
cum avisamento et consensu antedictis De novo dedimus concessimus et disposuimus
et hac present! carta nostra confirmavimus tenoreque eiusdem de novo damus con-
cedimus disponimus et pro nobis et successoribus nostris pro perpetuo confirmamus
Prefato domino Ioanni Broun et dicte Marie Scot ipsius sponse promisse eorumque
alteri diutius viventi in coniuncta infeodatione et heredibus eorum tallie et assignatis
ante dictis hereditarie (sub reversionibus reversione provisionibus conditionibus et
restrictionibus particulariter et generaliter supramentionatis) Totam et integram pre-
dictam baroniam de Bossie ... In super nos pro causis antedictis proque diversis alijs
causis et considerationibus nos moventibus ex nostra certa scientia proprioque motu
authoritate regia et potestate regali cumque avisamento et consensu antedictis
fecimus vnivimus annexavimus ereximus creavimus et incorporauimus tenoreque
presentis carte nostra facimus vnimus annexamus erigimus creamus et incor-
poramus onmes et singulas predictas terras de Eister Bossie Wester Bossie
lacum de Bossies molendinum de Lumquhattis aliaque suprascripta cum decimis
earundem et annuitate dictarum decimarum in vnam integram et liberam
baroniam nunc et omni tempore futuro Baroniam de Bossie nuncupandam ordi-
nando predictum maneriei locum de Bossie principale fore messuagium dicte
baronie Ac volumus et concedimus ac pro nobis et successoribus nostris de-
cernimus et ordinamus quod vnica sasina nunc per prefatum dominum Joannem
Broun et dominam suam sponsam promissam perque heredes ipsorum tallie et assig-
natos antedictos omni tempore futuro apud dictum maneriei locum de Bossie
capienda stabit et sufficiens erit sasina pro omnibus et singulis terris baronia lacu
moleudino alijsque supraspecificatis absque vlla alia speciali seu particulari sasina
per dictum dominum Joannem Broun et dictam suam sponsam suosve predictos
apud aliquam aliam partem seu locum huiusmodi suscipienda non obstante quod
eedem simul et contigue minime iacent Penes quas sasinas cum omnibus que desuper
sequi poterint nos cum avisamento et consensu antedicto dispensauimus tenoreque
presentis carte nostra pro nobis et successoribus nostris dispensamus imperpetuum
Tenendas et habendas omnes et singulas predictas terras de Eister Bossie Wester
Bossie lacum de Bossie molendinum de Lumquhattis aliaque rexlue supramentionata
et decimas earundem antedictas ac annuitatem dictarum decimarum etc. Brefato

APPENDIX. 130

domino Toanni Broun et dicte sue sponse promisse eorumque alteri diutius viventi
in coniuncta infeodatione et heredibus ipsorum tallie et assignatis antedictis (sub
reversionibus reversione provisionibus conditionibus et restrictionibus particulariter et
generaliter supraraentionatis) de nobis et successoribus nostris in feodo hereditate et
libera baronia imperpetuum . . . Eeddendo annuatim prefatus dominus Ioannes Broun
et dicta sua sponsa promissa eorumque alter diutius vivens et heredes ipsorum tallie
et assignati antedicti nobis et successoribus nostris et nostrorum computorum rotula-
toribus factoribus et camerarijs presentibus et futuris post decessum dicti domini
Jacobi Scot et proportionaliter ac pro rata post decessum ipsius conjugis predicte
correspondente rati et quantitati terrarum aliorumque suprascriptarum quorum eius
vitalis redditus reseruatur vt dictum est pro omnibus et singulis terris aliisque ante-
dictis (exceptis predicto molendino de Lumquhattis et decimis particularium terrarum
suprascriptarum cum annuitate dictarum decimarum) vnam celdram frumenti duas
celdras octo bollas hordei decern bollas avenarum et viginti quatuor caupones ad
terminos solutionis vsitatos et consuetos ac summam trigiuta septem librarum octo
solidorum et octo denariorum vsualis monete dicti regni nostri Scotie ad duos anni
terminos festa viz. Pentbecostes et Sancti Martini in hieme per equales portiones
tanquam pro antiqua feudifirma divoria et augmentatione pro terris aliisque prescriptis
ab antiquo solvi solita et consueta vnacum summa quiuque solidorum monete pre-
dicte in augmentationem nostri rentalis dictarum terrarum pro prefato molendino de
Lumquhattis terris molendinarijs eiusdem communi pastura huiusmodi prescripta
cum multuris lie sucken et previlegijs earundem supra expressis feudifirmas canas
et divorias solvi solitas et consuetas ut in originali infeofamento dicti molendini et
aliarum supraspecificatarum contentas extendentes annuatim ad summam vndecem
mercarum sex solidorum et octo denariorum monete antedicte et duodecem capones
ad terminos vsitatos et consuetos nomine feudifirme necnon predicti heredes tallie
prefati domini Joannis Broun et dicte sue conjugis duplicando feudifirme divorias
rexiue prescriptas provt vsus est feudifirme ac etiam prefatus dominus Johannes
Broun dictaque sua sponsa et heredes ipsorum tallie et assignati antedicti observando
et perimplendo omnes ceteras provisiones et restrictiones (si que sint) in antiquis
infeofamentis assedationibus et rentalibus terrarum molendini aliarumque predicta-
rum contentis que sunt et tanquam pro expressis in hac presenti carta nostra habe-
buntur tantum ac pro predictis decimis garbalibus alijsque decimis tam rectorijs
quam viccarijs terrarum aliarumque suprascriptarum et annuitate dictarum deci-
marum vnum denarium monete antedicte in die festo Pentecostes super solo dicta-
rum terrarum nomine albefirnie si petatur Necnon solvendo ministro de Cullessie
et suis successoribus curam apud dictam ecclesiam inservientibus annuatim summam
viginti trium librarum tredecem solidorum et quatuor denariorum monete antedicte
ad festum ad vincula Petri lie Lambes prout ipsi prius in vsu solutionis eiusdem
fuerunt In cuius rei testimonium huic presenti carte nostre magnum sigillum
nostrum apponi precipimus Apud Edinburgum primo die mensis Martij anno
Domini millesimo sexcentesimo quadragesimo octavo et anno regni nostri vigesimo
tertio.

140 APPENDIX.

Contract of Alienation between Sir John Brown of [Fordel], knight, heritable
proprietor of the lands aftermentioned, with consent of Dame Mary Scott, his spouse,
and Andrew Lundie of [Provostmains], whereby, in consideration of a certain sum of
money having been paid, the said Sir John sells and dispones to the said Andrew
Lundie, his heirs and assignees whatsoever, heritably and irredeemably, all and sundry
the lands of Easter and Wester Carries, Hiltoun, etc., lying in the parish and barony
of Abernethy and sheriffdom of Perth. Dated and subscribed at Edinburgh and
Kossie, 19th December 1649, and 28th June 1650 respectively, and recorded 7th
August 1777. The witnesses to the subscription of the said Sir John Brown and
Andrew Lundie are, William Oliphant of Balgonie, James Brown, weaver in Edin-
burgh, and John Muir, servitor to Alexander Douglas, W.S. ; and to that of the said
Dame Mary Scott, Sir James Scott of Eossie, knight, her father, John Seaton of
Lawtrick, and John Crichton, servitor to the said Sir James. — Reg. of Deeds, Mack.
Office, vol. 222, p. 236.

Disposition dated at Bossie 8th July 1650, by Sir John Broune of Fordell, and
Marie Scot, his spouse, of the lands of Easter and Wester Caries, in the parish of
Abernethy, in favour of Andrew Lundie of Provostmains of Abernethy ; he had
sasine 24th of same month. — Rossie Titles.

7th Feb. 1655. The inventarie and testament dative ad hunc effectum of the
goodis, gear, and debtis of umquhile Sir John Brown of Fordell, within the parochin
therof and sherefdome of Fyff, the tyme of his deceis, quhilk wes vponethe first day of
September 1651 yeares, ffaithfullie made and given vp be Johne Oliphant, resident in
Dysart, executour dative ad hunc effectum, surrogat to the said defunct in place of Alex-
ander Ingles, procuratour-fiscall of the commissariat of Fyff for the tyme, eftir dew
citatioun, etc. In swa far as the said defunct, the tym of his deceiss foirsaid, restit
awan to Sir David Carmichaell of Balmedie, knicht, the sowme of thrie thousand
thrie hundreth threttie-thrie puudis vj s. viij d. money Scotis, as principall, with the
sowme of ijc lib. for ane yeiris annualrent therof, and ijc lib. of penaltie, contenit in
ane band grantit be the said defunct as principall, and William Oliphant of Balgonie
and Andro Lundie of Provestmaines of Abernethie, as cautionaris for him, of the
dait the twelff and fourtein dayes of Junij 1650 yeiris, registrat in the Shereff bookis
of Perth, and ane decreit of the Shereffes thairof interponed therto vpone the first
day of October 1652 yearis ; in and to the quhilk band, sowmes of money, principall,
annualrentis, and liquidat expenssis abone writtiu, therin contenit respective, and
decreit of registratioun foirsaid, the said Sir David Carmichaell of Balmeddie, be his
lettres of assignatioun subscribit with his hand of the dait the sextein day of August
1653 yeiris, for the caussis therein specefeit, made, and constitute the said Johne
Oliphant his assignay, extending the said sowmes to iijmvijexxxiij lib. vj s. viij d.,
and for peyment and satisfactioun to the said executour of the expenssis of this
present confirmatioun, in swa far as the samen will extend to be decreit of the
Shereffes and Commissaris of Fyff, of the dait the etc. day of December 1654 yeiris, —

BARCLAY OF COLLAIRNY.

(County Fife.)

Azure, three Crosses patee argent.

{Illuminated MS. in the Lyon Office.}

$C0TTSfE«Gl'30H [DiNBURCM

APPENDIX. 141

In the first, the said defunct, tyme foirsaid, haid no goodis nor gear belonging to
him, but the sowmes of money and fermes following addebtit to him be the persones
vnderwrittin, videlicit be Sir James Scott of Bossie, jm lib. Item, be James Ballingall,
tennent to the defunct, xxxiiij bollis meall, at xij lib. the boll, at Mertymes 1651 ;
hide, iiijcviij lib. Item, be William Watsone in Weddersbie, iijclib. Item, be James
Ballingall, if lib. Item, be Johne Dow, Alexander Burt, and William Simsone,
equallie amongs thaim for tuo yeiris dewtie, jcxxv lib. x s. Item, be William Imrie
in Lastrine of few dewtie, xxxiij lib. vj s. viij d. Item, be Eobert Hay in Parish,
ijclxvj lib. xiij s. iiij d. Item, be Bobert Forrester in Fordell, and William Foster,
tennentis, vc lib. resting of thair fermes, the cropes, and yeir of God 1649, 1650, and
1651 yeiris.

Suinma of the saidis debtis, . . ijmviijciiij lib.

This present inventarie and testament befoir writtin, togidder with the executour
thairin constitute, is confirmit vpone the sevint day of ffebruar 1655 yeiris. The
executour made faith de fideli inventario, and Andro Lundie of Carie is becom
cautioun. — Commissar iot of St. Andrews, Testaments.

XIV. Charter to George Hay Balfour of Leyes and Randerston, of the lands and
barony of Weddersbie, etc., in parish of Collessie and shire of Fife, which belonged
formerly to the deceased Sir John Brown of Fordell, and afterwards to John Buist in
Collessie, by apprizing against John Brown, son of the said Sir John, and charged to
enter heir to him, for the sum of 14,162 merks, of date 5th Oct. 1653 ; and also
belonged to Lady Anne Scot, wife of Bobert Montgomery of Skelmorlie, by apprizing
against the said John Brown for 20,600 merks, 8th November 1653; and also per-
tained to John Brown, brother-german of Bobert Brown of Finmonth, by apprizing
against the foresaid John Brown for 7860 merks, on 31st January 1654; and also
to Mr. Alexander Crawford, son of John Crawford of Crawfordland, by apprizing
against Antonia Brown, daughter of the said Sir John Brown, for 30,688 merks, etc.
Charter dated 12th February 1745. — Reg. Mag. Sig., Lib. xcviii. fol. 124.

21st November 1654. Action by Dame Marie Scott, relict of Sir John Brown
of Fordell, knight, and Bobert Barclay of Cullerny, now her spouse, against Antonia
Brown, lawful daughter of the said Sir John Brown, for payment of an annuity of
2000 merks which the pursuer had from the lands of Weddersbie, of which lands the
said Antonie was heretrix. Decreet given for pursuer in defender's absence. — Sheriff
Court Records of Fife.

29th January 1656. Action by James Baterson, sadler, burgess of Edinburgh,
against Antonia Brown, lawful daughter and heir served to the deceased Sir John
Brown of Fordell, knight, for a debt of £92 for saddlery furnished to the late Sir
John. — Sheriff Court Records of Fife.

Eetour of special service of Antonia Brown, daughter and heir of the deceased

142 APPENDIX.

Sir John Brown of Fordell, knight, in the lands of the barony of Eossie, etc. Expede
in the Tolbooth of the burgh of Falkland on 1st August 16(50. — Rctours, vol. xxvi.

Disposition by Dame Marie Scott, relict of umquhile Sir John Broun of Fordell,
knight, heritable proprietrix of the lands and barony of Eossie, with consent of William
Muir, younger of Bowallane, her future spouse, for his interest, and also with consent
of Antonia Brown, only daughter procreate between her and her said deceased spouse,
and with consent of Alexander Dunlope, younger, of Dunlope, eldest and lawful son of
James Dunlope of that like, and future spouse of the said Antonia, and in implement
of their marriage-contract, of the lands and barony of Eossie, in favour of Eobert
Montgomerie of Haslehead, at Edinburgh, 6th May 1667.

yrhhrnia. H-n-wn

Charter following thereon 30th May.

[Originals iu the possession of the representative of the family of Cheape of
Eossie.]

Disposition by Eobert Montgomerie of Hassilhead, with special advice and
consent of James Dunlop of that Ilk, and Alexander Dunlop, his eldest lawfull son,
to Mr. James Cheape, advocate, in liferent, and Hendrie Cheape, his eldest lawful
son, his heirs and assignees whatsomever, heritably and irredeemably, of the lands
aud barony of Eossie, as brooked and possessed by the deceased Sir James Scott of
Eossie. August 27, 1668. — Originals, Ibid.

January 1, 1669. — Sasine in favour of Mr. James Cheap and his sou of the
barony of Eossie, which pertained heritably to Lady Mary Scot, relict of General Sir
John Brown of Fordell, knight, eldest daughter of the late Sir James Scot of Eossie,
with consent of William Mure, younger, of Eowallane, now her spouse, and of
Antonia, only lawful daughter procreated betwixt the said Sir John Brown and Lady
Mary, and of Alexander Dunlop, younger, of that Ilk, spouse of said Antonia Brown.
— Register of Sasines for Fife, etc.

MURE OF ROWALLANE.

(County Ayr.)

First and Fourth argent, on a Fess azure three Stars of
the first, for Mure ; Second and Third azure, three
Garbs or, for Cumming.

{Lyon Register ; illuminated MS. of Sir David Lindsay, Lyon
King of Arms, 1542, where the stars are or.)

• RGUSON EDPHEUftGH

APPENDIX. 143

Ratification in favours of William Hamilton of Wishaw of Sir John Bkoun his
right of the lands of Weddersbie. — Scots Acts, vii. 600. — December 23, 1669.
The King's Maiestie and the Estates of Parliament of this Realme now presently
convened hes Ratified, Approven, and Confirmed, and be the tenor heirof Ratifies,
Approves, and Confirms the charter made and granted be the King's Maiestie, with
consent therein specifeit under his Majestee's great seall, of the date at Perth the
eight day of December 1650 yeers, wherby his Maiestie gave, granted, and disponed
to wmquhill Sir Johne Broun of Fordell, knight and collonell, and to his airs-maill
of his bodie, whilks failzeing, to his airs-maill and assignays whatsomever, heretablie
and irredeemably, All and Haill the lands and Barronie of Weddersbie, comprehending
the lands of Kirktoun, of Collassie Milnehill, and Pitlochie, with the rnilne thereof,
milne of Pitlair alias East milne, with the milne lands, multers, sequells, and perti-
nents thereof, Drumclochop and Wedderbie, Woodhead, Bowhous, and halff of the
lands of Sheills (with their pertinents, as also the uther halfe of the saids lands of
Sheillis), the halffe of Lurgmyre Eilsland, and fishing therof, with the common in the
marish or moore of Munkismoss and Edinsmure, with the pertinents, with diverse
other lands, milnes, teinds, and others united in ane haill and free Barronie called
the Barronie of Weddersbie, lyand within the Shirreffdome of ffyffe ; And also the
lands of Eisterfordell, with the milne thairof, Blairstrowie and Cottonis, with the tour,
fortalice, maner place, houses, bigings, yeards, tofts, crofts, annexis, connexis, and
haill pertinents therof whatsomever, lyand within the Shirreffdome of Perth ; And
siclyke his Majestie, with consent thereinspecifeit, for the soume of ffour thousand
merks money of this Realme, payed be the said wmquhill Sir Johne Broun to his
Majestie, and als for the honourable, faithfull, and thankfull service done by him to
his Majestie and this Realme in the late warrs, and in the service and work against
the late Vsurper, changed and altered the holding of the haill lands and others
particularly abovewrittin, holden formerlie be service of waird and releiff of his
Majestie, into ane frie blensh holding for the yeerlie payment of ane pair of gilt spurs
in all tyme therafter : And his Majestie of new gave, granted, and disponed, with
consent forsaid to the said wmquhill Sir Johne Broun and his forsaids, the haill
lands and others particularly abovewritten, with the remanent lands, milns, teinds,
and others conteined in the said charter, with all right, tytle, entres, clame of right,
proppertie, and possession, whilk his Majestie, his predecessors or successours, had or
could pretend therto, or to any parte therof, or to the maills, ferms, proffeits, and
dewties of the samen, be reason of waird releiff nonentries, or be or throw any maner
of way whatsumever : And his Majestie faithfullie promittit in verbo Principis to
cause Ratifie the samen charter, with the precept and instrument of Sasine following
therupon, in his Majesties next ensueing Parliament, after his majoritie and perfyte
age of tuentie-one yeers compleit : And the forsaid charter and confirmation therof
to be done of Majesties certane knowledge and mature deliberatione ; Together with
the precept and instrument of sasine following therupon : Together with the severall
rightsand dispositions their of made be James Arnot of Fairnie, Sir Robert Montgomerie
of Skelmorlie, John Broun in Kirkaldie, and diverse other Creditors to the said

144 APPENDIX.

umquhill Sir Johne Broun and apprisers of the samen ; To and in favours of William
Hamiltoun of Wishaw, writter in Edinburglie, and of his airs and assignays therin
mentioned, with the procuratorie of resignation thairin contained, charters, precepts,
and instruments of sasine following therupon, with all other rights, tytles, and
securities whatsomever, any wayes made, granted, and conceaved in favours of the
said William Hamiltoun and his forsaids, theranent of whatsumever nature, date,
tenor, or contents the samen be of; In all and sindrie the heids, articles, clauses,
provisions, and conditions respective thairof in all points, after the respective formes
and tenors of the samen : And his Majestie and his saids Estate of Parliament Doe
heirby Declare, Decerne, and Ordain that this present Ratification is and shall be als
valeid, effectuall, and sufficient to all intents and purposes, to the said William
Hamiltoun and his forsaids, for their brookeing and joyseing of the lands, Barronie,
teinds, and others respective above written, useing and disponeing therupon, as if the
saids haill charters, rights, and infeftments thereof, particularly and generally above
written, heirby ratified, wer all hereintill verbatim insert, and whilk his Majestie and
the saids Estates of Parliament holds as ane parte therof, and as herein insert
brevitatis causa : Wheranent, and with all defects and imperfections whatsomever, and
with all that may or can any wayes be objected or alledged against the validitie and
legalitie of this present generall Ratification, and of the writts, rights, charters, and
infeftments particularly and generally above written, heirby ratified, His Majestie
and the saids Estates of Parliament have dispensed and heirby dispenses for ever.

There was a great deal of litigation in consequence of the sequestration of Sir
John's estate, and the involved state of his affairs. In the Reports are : — ■

1684, Feb. 27. — Dunlop against Lundie. In the action of reduction pursued
by Dunlop younger and his lady Antonia Brown, of a discharge granted to Andrew
Lundie by the said Dunlop of his omissions as tutor to the said Antonia ; the
Lords found that Wishaw having comprised from John Brown as lawfully charged to
enter heir to Sir John Brown his father, for payment of a debt due by the said
Sir John had good interest to allege that Lundie's comprising was extinct by
omissions as tutor to John Brown ; and that by the decreet obtained against John as
lawfully charged to enter heir to Sir John, the debt became John's debt, and he
became personally liable therefor, and so Wishaw might propone compensation upon
the omissions which were due by the tutor to the pupil. But the Lords found that
Wishaw having comprised or adjudged from Antonia Brown as heir to her father Sir
John (after the death of the said John, her brother), and she having reduced the
service upon minority and lesion, whereby the comprising was of the nature of
adjudications upon a decreet cognitionis causa — wherefore Wishaw could not com-
pense the sums contained in the tutor's comprising by the tutor's omissions, during
the time of Antonia's tutory, in regard they found the privilege of making the tutor
liable for these omissions was personal to the pupil and to her assignees, and so
sustained the discharge granted by Dunlop of the said omissions, and found that
the adjudgers could not quarrel the same.

GUTHRIE OF HAWKERTOUN.

(County Kincardine.)

First and Fourth or, a Lion rampant regardant gules
armed and langued azure, for Guthrie ; Second and
Third azure, three Garbs or, for dimming.

{Lyon Register.)

SCOT* S ri:RCUSOtl EDINBURGH

APPENDIX. 145

1684, Jan. — Wishaw agaiust Andrew Lundie. Andrew Lundie, tutor and
creditor to Sir John Brown's children, having comprised his pupils' lands, the prior
apprizers of that estate raised a declarator of extinction of Lundie's apprizing, upon
this ground that the apprizing was led, and the debt apprized for acquired durante
tutela ; and consequently presumed to have been acquired by the pupil's money,
till the contrary appear by the tutor's counting for intromissions aud omissions.

Answered for Lundie, that his omissions are discharged by Dunlop, younger,
the husband of Antonia, the apparent heir, to whom they belonged jure mariti ;
secondly, a tutor's obligement for omissions and accumulations of annualrents are
personal to the pupil, and not communicable to the father's creditors by diligence ;
especially in this case where the pupil has renounced to be heir to her father ;
Thirdly, Esto she had not renounced, yet a tutor's personal obligement ex quasi,
contracted with the heir, cannot fall under the diligence of the defunct's creditors
affecting the hcereditatem jacentem, seeing it was never in bonis of the defunct, but
resulted after his decease to the pupil as creditor.

Beply — rights in person of debtor, transmissible to heirs ; John did not renounce ;
Antonia, although she did, must purge all deeds done by herself or husband to the
prejudice of the tutor. There was also an incident reduction upon minority, and lesion,
at the Dunlops' instance, of a oontract between them and Wishaw. The Lords
recommended the parties to agree.

1684, March. — In case, Wishaw against the children of Andrew Lundie, the
Lords found that the tutor, having been in possession after his apprizing, must hold
count for the rents, and be liable for ought and should as other comprisers.

1687, June. — Another case as to Lundie as cautioner for Sir John to John
Oliphant.

Lyon Register of Genealogies, 16th January 1778. — John Guthrie of Haukerton
married Jean, daughter of John Brown of Fordel, and had a son, Henry of Haukerton,
who left descendants.

Pedigree of Lady Scott of Bossie, chiefly from the funeral entry made on the death
of Sir Francis Willoughby in the office of Ulster King of Arms, Dublin.

Sir Francis Willoughby, born at Beauchamp's Court in Worcestershire, de-
scended from the Lords Willoughby of Belouersby, died 19th February 1658, aged
eighty-four. He married first a Dutchwoman, and had Francis. Antonela married Sir
James Scott of Bossie, a Colonel in Germany ; she died 18th May 1663. Sir Francis
married, secondly, Mary, daughter of Sir Francis Slingsby, a member of the Eoyal
Council of Munster, a younger son of Slingsby of Bedhouse in Yorkshire, and had
a son, Charles. His third wife was Elizabeth, daughter of Bandolph Barlow, Arch-
bishop of Tuam, 1629-38. The books of funeral escutcheons in the Lyon Office make
Lady Scott daughter of the second marriage, but they are all of a considerably later
date, and the entry made at the time Sir Francis Willoughly died is more likely to
be correct.

146 APPENDIX.

Majoe-Geneeal Beown— A Mistake corkected.

In the will of John Kirkpatrick, who died October 1646, second son of Thomas
of Closeburn, is the following passage : — " And as touching the inventrie goods, silver-
work, and uthir vessels within the place of Closeburne, the samen were by Eobert
Douglas of Tilliquhillie, Lieutenant-Colonel to Sir John Brown of Fordell, Knt., and
Lieutenant Vanss, with others, their complices, at the direction and by warrand of
the said Bobert Douglas, plundered and taken away what was any ways transport-
able." This Sir John Brown was the rebellious governor of Carlisle, and the same
who routed the Lord Digby on Carlisle Sands. — Play fair's Baronage.

Carlyle, in his Oliver Cromwell's Letters and Speeches, mentions, in April 1645 :
" Major -General Browne commands at Abingdon ; a city wood-merchant once ; a
zealous soldier of Presbyterian principles at present."

Again, in June 1651, when alluding to the battle of Inverkeithing, "Sir John
Browne, their Major- General, was once a zealous Parliamenteer ; Governor of
Abingdon, and much else ; but the King gained him, growls Ludlow, by the gift of
a pair of silk stockings — poor wretch." The historian has here fallen into a singular
error.

Sir John Brown of Fordell, co. Perth, representative of an old Scottish family,
was a different person, and had a very different career from the London wood-
merchant. The lands of Fordell were granted in 1493 by George, Bishop of Dunkeld,
to his brother Bichard, with whose descendants they remained till their sequestration
and sale, after the death of Sir John.

The alliances of the family were with Arnot of Balbarton, a co-heiress ; Scott of
Balwearie, Shaw of Sauchie, Gaw of Maw, Spens of Condie, Boswell of Balmuto,
Grseme of Inchbrakie, Murray of Byn, Erskine of Innertiel, Lundin of Conland,
Adamson of Craigcrook, Oliphant of Gask, Guthrie of Hawkertoun, etc.

The Bishop of Dunkeld, of whom a Life, written by Alexander Myln, Abbot of
Cambuskenneth, was printed for the Bannatyne Club, was descended from the
Browns of Midmar in Aberdeenshire, the first of whom, John, was younger brother of
Eichard Brown, who was executed at Perth, August 1320, for participation in the
conspiracy of Lord Soulis and the Countess of Strathearn. They were sons of Sir
John Brown of Gillandriston, Carchrony, Terpersie, etc., Sheriff of county Aberdeen,
1328, and Thane of Formartin, grandson of Adam Brown who fell at the battle of
Falkirk, 1298.

John Brown, fourth of Fordell, married, first, Catherine, daughter of Mr. John
Lindsay of Memmuir and Balcarres, Secretary of State, Senator of the College of
Justice, Lord Privy Seal, and Ambassador to France, 1597, sister of the first Lord
Balcarres, and widow of Sir John Lindsay of Ballinscho, Woodwrae, and Woodhead,
who died 1609, and was younger son of David, Earl of Crawford. The General was the
eldest son of this marriage, and on the death of his father, in 1631, succeeded, while a
minor, to an estate so burdened with a jointure to his stepmother, and a large provi-

APPENDIX. 147

sion for her son William, who died s.p., and other encumbrances, that his nearest rela-
tions entered into an agreement to help to provide for his maintenance and education.
He became a military officer at an early age, and rose to be Major-General, serving
with distinction. He was knighted by Charles I. at Edinburgh, 6th Nov. 1641, when
General Leslie was created Earl of Leven. He had been taken prisoner in April 1640
at Tynemouth, driven in by a storm in a damaged vessel, and was detained at New-
castle and York for some time. Defeated Montrose, near Dumfries, in July 1644,
and in Nov. 1645 repulsed Lord Digby at Carlisle Sands, for which Parliament voted
him a gold chain of the value of 2000 merks. He sat in Parliament for his native
county, and was a member of the Committee of Estates. Sir John was with the
Scottish army, under General Holburne, which was defeated near Inverkeithing, 20th
July 1651, was wounded, and taken prisoner, and died of fever at Leith 1st September.

XL Omnibus hanc chartam visuris vel audituris Georgius comes de Huntlie
dominusGordoun et Badzenoch, etc. ac commend atarius perpetuus Monasterii de Dun-
fermling et eiusdem loci conventus ordinis divi Benedicti Sanctiandree diocesis ac
superioris terrarurn subscriptarum salutem in Domino sempiternam : Noveritis nos
unauimi consensu et assensu ad hoc capitulariter congregates, Dedisse concessisse
assedasse arrendasse locasse et ad feudifirmam seu emphiteosim hereditarie dimisisse
et hac presenti charta nostra confirmasse Necnon dare concedere assedare arrendare
locare et ad feudifirmam seu emphiteosim hereditarie dimittere et hac presenti charta
nostra confirmare dilecto nostro Davidi Broun filio legitimo secundo genito honor -
abilis viri Joannis Broun de Fordell heredibus suis et assignatis Omnes et singulas
terras nostras de Eynmonth cum manerio eiusdem hortis toftis croftis lie outsettis
annexis connexis pasturis partibus pendiculis et singulis suis pertinentiis jacentes in
parochia de Kinglassie regalitate nostra de Dunfermling et infra vicecomitatum de
Fiffe : Quequidern terre de Fynmonth cum singulis suis pertinentiis ad prefatum
Joannem Broun de Fordell perprius de nobis in feudifirma immediate tente heredi-
tarie pertinuerunt, et per ipsum Joannem cum consensu et assensu Katherine
Boiswell, eius sponse domine coniuncte infeodate dictarum terrarurn et cum consensu
Joannis Broun filii et heredis apparentis dicti domini de Fordell pro suo interesse
propter perimpletionem et observationem eorundem partis cuiusdam contractus
matrimonialis initi et confecti inter dictum Joannem Broun de Fordell eiusque
sponsam et dictum Davidem Broun eorundem filium cum consensu dicti Joannis
Broun junioris ab una, et Allanum Cowttis seniorem de Grange, Issobellam Boith-
well eius coniugern et Bessetam Cowttis eorum filiam ab altera partibus de data
ultimo die mensis Februarii anno Domini millesimo quingentesimo octuagesimo
septimo, In manibus nostris tanquam in manibus domini sui superioris eorundem per
suos speciales procuratores ad effectum infrascriptum specialiter constituos apud
per fustim et baculum resignate fuerunt In favorem dicti Davidis
Broun heredum suorum et assignatorum pro nova charta et infeofamento eijs desuper
dando tradendo conferendo et conficiendo Beservato tamen libero tenemento seu
vitali redditu occidentalis dimidietatis sen lateris dicte ville et terrarurn de Fyn-

148 APPENDIX.

month cum siugulis suis pertinentiis prefato Joanni Broun et Katherine Boisuell ac
eorum alteri diutius viventi pro omnibus eorum vite diebus, prout in documentis
desuper levatis plenius continetur : Tenendas et habendas omnes et singulas prefatas
terras nostras de Fynmonth cum toftis croftis lie outsettis cottagijs pasturis annexis
connexis et pertinentiis prenominato Davidi Broun heredibus suis et assignatis de
nobis et successoribus nostris abbatibus seu commendatarijs et conventibus dicti
nostri monasterii in feudifirma seu emphiteosi imperpetuum, per omnes rectas metas
suas antiquas et diuisas prout jacent, etc. . . . Beddendo inde annuatim dictus David
Broun heredes sui et assignati prescripti nobis et successoribus nostris ablatibus seu
commendatarijs dicti nostri monasterij nostrisue camerarijs aut conventibus dicti
nostri monasterij pro tempore existentibus, summam viginti quatuor mercarum
usualis monete regni Scotie ad duos anni terminos consuetos festa videlicet Benthe-
costis et Sancti Martini in hyeme per equales medias portiones nomine feudifirme,
unacum duplicatione feodifirme in introitum cuiuslibet heredis ad predictas terras cum
pertinentiis Necnon tres sectas ad tria nostra placita capitalia de Dunfermling,
unacum alijs divorijs et servicijs in nostro rentali contentis debitis et consuetis
tantum Neenon cum astrictione multure molendino nostro de Gaitmylk perti-
nentis Et si contigerit dictum Davidem Broun heredes suos et assignatos prescriptos
edificare seu construere molendina aliqua granorum in predictis terris de Fynmonth
vel ad aliud molendinum quam ad nostrum de Gaitmylk cum suis granis bladis fru-
mento procedere in fraudem et dampnum dicti nostri molendini et multure eiusdem,
eo in casu volumus quod predictus David heredes sui et assignati prescripti per-
solvent firmario dicti nostri molendini de Gaitmylk plenarie et integre tantam
multuram quantam predicte terre de Fynmonth aut consimiles terre in parrochia de
Kinglasse nunc pro multura dant aut persolvunt aut prius persolverunt sine impedi-
mento. Insuper non licebit dicto Davidi Broun heredibus suis et assignatis pre-
scriptis alienare dictas terras de Fynmonth aut aliquani partem earundem sine nostra
speciali licentia petita et obtenta. Et si contigerit ipsos deficere in solutione canonis
per tres terminos successive continuos, ipso facto cadent a suo jure. Necnon
volumus et ordinamus quod dictus David heredes sui et assignati prescripti edificant
et sustentant super prefatis terris de Fynmonth imam sufficientem mansionem cum
aula coquina camera horreo boscari columbario et alijs politiis necessary's secundum
formam et tenorem antiqui infeofamenti dictarum terrarum prius de nobis et succes-
soribus nostris obtentis Et nos vero dictus commendatarius et conventus dicti nostri
monasterij omnes et singulas prefatas terras de Fynmonth cum toftis croftis lie out-
settis cottagijs pasturis annexis connexis et pertinentiis predicto Davidi Broun
heredibus suis et assignatis prescriptis (Beservando prius reservato) in omnibus et
per omnia forma pariter et effectu ut premissum est contra omnes mortales warran-
tizabimus aequietabimus et imperpetuum defendemus. Insuper dilectis nostris
magistro Davidi Aytoun nostro camerario Johanni et Wilelmo Walwoddis portionarijs
de Touch et eorum cuilibet coniunctim et divisim ballivis nostris in hac parte
specialiter constitutis, salutem : vobis stricte precipimus et firmiter mandamus
quatenus visis presentibus indilate statum sasinam hereditariam pariter et possessionem

APPENDIX. 149

corporalem actualem et realem totarum et integraruin prefatarum terrarum de
Fynmonth cum toftis croftis lie outsettis cottagijs pasturis annexis connexis et per-
tinentiis memorato Davidi Broun vel suo certo actornato latori presentium secundum
vim formam tenorem et continentiam antiqui infeofamenti dictarum terrarum et
antescripte charte nostre juste et hereditarie tradatis deliberetis et haberi faciatis et
hoc nullo modo omittatis. Ad quod faciendum vobis et vestrum cuilibet coniunctim
et divisim ballivis nostris in hac parte antedictis nostram plenariam et irrevocabilem
tenore presentium committimus potestatem In cuius rei testimonium huic presenti
charte nostre preceptum sasine in se continenti manibus nostris subscripte sigillum
commune capituli dicti nostri monasterii est appensum Apud idem nostrum monas-
terium undecimo die mensis Aprilis anno Domini millesimo quingentesimo octua-
gesimo octavo.

Huntlye, Comendateur of Dumfermeling.

Dene Jhonne Angus ad idem.
Alexander Aitkin ad idem.
Thomas Jamesone ad idem.
Andreas Gray ad idem.
Willelmus Symth ad idem.
Alexander Stevine ad idem.
William Lummisdene ad idem.

[Dorso].— Edinr the 15 Martii 1656. — Producit be M1 Alexander Makgill, and
ane minut takine and recordit in the books of Exchequer, conforme to the Act
theranent.

Ane lettre of tak, maid with consent of the Quenis Majestie, our Soverane
lordis derrest spous, settand and in tak and assedatioun for the maill and dewtie
underwrittin, lettand to David Browne, sone lawchfull to Johne Browne of Fordell,
his airis and assignayis quhatsumever, all and sindrie the teyndschavis of the landis
of Fynmonth, with toftis, croftis, etc., lyand in the schirefdome of Fyffe, pertening to
our Soverane lord and the Quenis Majestie, his derrest spows, as ane pairt of thair
propirtie and patrimonie of the lordschip of Dunfermeling, for all the days, yeris, etc., of
nyntene yeris nixt and immediatelie following the said Davidis entrie therto, quliilk
salbe and begyn the day of the dait heirof and fra thyne furth to indure, and to be
peacabillie brukit, joisit, teindit, led, collected, etc., be the said David, his airs, etc.
Gevand thairfor yeirlie, the said David, his airis and assignais forsaidis, to our said
soverane lord and his said derrest spows, the Quenis Majestie . . . the sowme of
sextene merkis usuall money of this realme, at the feist of Beltane yeirlie, in ane haill
sowme of maill allanerlie, conforme to the takkis set of auld to the said David and
his predicessouris of the samen. At Haliruidhous the tent day of December, the yeir
of God foirsaid (] 591). Per signaturam. — Reg. Sec. Sig., Lib. lxiii. fol. 41.

Eatification by William Ker alms Kirkcaldie of Grange, brother-german to
Andro Ker of Phernyhirst : Understanding that the lands of Fynmonth, in the

150 APPENDIX.

regality of Dunferraeling and shire of Fyff, which belonged to the late Sir William
Kirkcaldie of Grange, knight, guidschir to the said William Ker, were duly apprized
from the said Sir William at the instance of John Brown of Fordell, and Katherin
Bosuel, his spouse, for £2000, who were infeft therein by the Abbot and Convent of
Dunfermline, superiors thereof; and that the said Sir William had engaged to the
said John and Katherin that the said lands should not be redeemable from them, but
in their perpetual possession ; and that thereafter the said John and his spouse dis-
poned the said lands to David Brown, their second son, who now stands infeft
therein : Therefore, and for certain sums of money, the said William Ker ratines
the apprizing, infeftment, etc., and renounces all right to the said lands, and binds
himself to deliver up to the said David all the ancient charters and writs relating
thereto. At Kirkcaldie, 20 April 1595: witnesses, John Bosuell of Baglyssie ;
George, son of Mr. Andro Boswell of the Westmill of Kirkcaldie, etc. — Reg. of
Deeds, vol. liii., 2 March 1596.

Ratification to the same effect by Andro Ker of Phairnyhirst, in favour of the
said David Brown of Fynmont. At St. Andrews, 24 September 1595 : witnesses,
John Forrett of Feingass, David Boswell, George Ker, apparent of Cavers, etc. —
Ibid.

Ane Letter maid now efter the annexatioun of the kirk landis of this realme to
the Croun, quhairof his Maiestie and his successouris ar constitute superiouris, with
auise of his hienes commissioneris and Lordis of Chekker, to his louit, Dauid Broun
of Fynmonth, his airis and assignayis, ane or ma, of the gift of the waird, nonentres,
maillis, fermis, promtis, and dewteis of all and sindrie the landis of Craignathrais,
with houssis, biggingis, yairdis, annexis, connexis, pairtis, pendiclis, and all thair
pertinentis liand within the scherefdome of Forfar, quhilkis wer halden befoir the
said act of annexatioun of the kirk landis of this realme to the croun, of the Abbot
and convent of the Abbacie of Jedburgh, and place and sell of Eestenneth ; and ar
now haldin be virtew of the said annexatioun of oure said soverane Lord, and als of
all and sindrie the landis of Fordell callit Ester Fordell, with the milnis thairof,
Blastrowie and Cottounes, with the toure, fortalice, maner place, annexis, connexis,
pairtis, pendiclis, and thair pertinentis liand within the baronie of Dunkeld and
scherefdome of Perth, quhilkis wer haldin befoir the said annexatioune of the kirk-
landis of this realme to the croune, of the Bishoprik of Dunkeld, and ar now haldin
be vertew of the said annexatioun of oure said soverane Lord, and that of all yeiris
and termis bipast that the samyne hes bene in oure said soverane Lordis handis or in
his hienes predicessouris handis, as superiouris thairof, be resoun of waird and non-
entres, or atther of thame sen the deceis of umquhile Johnne Broune, younger of
Fordell, or onie utheris his predicessouris, last lauchfull immediat tennentis to our
said souerane Lord and his predicessouris of the samyne, and siclike of all yeiris and
termis to cum that the samyne salhappin to be in his hienes or his successouris
handis, ay and quhill the lauchfull entrie of the richtwus air or airis thairto, being of
lauchfull aige, with the releve thairof quhen it salhappin, togither with the mariage

APPENDIX. 151

of Johnne Broun, sone and apperand air of the said vmquhile Johnne, and failying of
him be deceis unmareit, the mariage of onie uther air or airis, male or female, that
salhappin to succeede to him in the said landis, with all proffitis of the said mariage,
with power to the said David Broun, his airis and assignais foirsaidis, to intromet
with and uptak all and sindrie the maillis, fermis, caynis, custumes, casualiteis, pro-
ffites, and dewteis of all and sindrie the foirsaidis Landis, with the pertinentis, during
the space foirsaid, with the said releve quhen it salhappin, and to dispone thairupoun
and vpoun the said mariage, with all proffites thairof, at thair plesure, and to occupy
the foirsaidis landis with thair awin guidis, or to set the same to tennentis as thai
sail think expedient during the said space ; and siclike to dispone upoun the said
mariage, and proffites thairof at thair plesure, with court, plaint, herezeld, bludiwete,
and merchite, unlawis, amerchiamentis, and escheitis of the saidis courtis, and with
all and sindrie, utheris commoditeis, fredomis, etc., ffrelie, quietlie, etc., but onie
reuocatioun, etc. At Haliruidhous, the tuelff day of Januar, the yeir of God Jmvc
fourscore sextene yeiris. viij0 merkis. Per signaturam. — Reg. Sec. Sig., Lib. lxix.
fol. 22.

Back Bond by David Brown of Fynmonth, as principal, Alexander Lundie of
Conland and Patrik Grahame of Inchbrekie, as cautioners, showing, that whereas the
said David had obtained the gift, under the Privy Seal, of ward and non-entry
duties of the whole estate of the late John Brown, younger of Fordell, his brother,
with the marriage of John Brown, son and apparent heir of the said deceased John,
the said David binds himself to restore the whole profits of the said ward, relief, non-
entry, and marriage to the said John Brown on his reaching the age of twenty-one,
taking credit, however, for the sum of 800 merks paid by the said David by way of
composition for the said gift. In the event of the death of the said John Brown in
minority, the lands, etc., are to go to Elspet Brown, his sister-german, but the ward,
etc., to belong to the said David till it is expired, he granting to the said Elspet a
disposition of her own marriage. At Edinburgh, 12 January 1596-7. — Ibid.
vol. lvi., 22 Feb. 1596-7.

26 February 1596, Tutela. — Haec Inquisitio facta fuit apud burgum de Perth et
in pretorio ejusdem vigesimo sexto die mensis February anno Diii jmvc nona-
gesimo sexto coram honorabili viro Olivero Peiblis de Chapelhill vicecomite depu-
tato nobilis et potentis Domini Joannis Comitis de Gowrie Dni Ruthven et Dirletoun
Vicecomitis principalis dicti vicecomitatus per hos subscriptos viros Laurentium
Merser de Mekilhour, Willielmum Moncreiff de Eodem, Joannem Boss de Cragie,
Colinum Eviott de Balhousie, Magistrum Alexandrum Bruce feoditarium de Copma-
lundie, Willielmum Oliphant de Gesk, Magistrum Henricum Merser de Kynnerd,
Robertum Stewart de Haltoun de Loncardie, Joannem Boswell de Baglessie, Davidem
Murray de Little Benachie, Laurentium Oliphant de Williamstoun, Davidem
Montcreiff feoditarium de Tibbermalloc, Hugonem Moncreiff in Kyntullo, Oliverum
Young burgensem de Perth, et Thomam Moir in Aberargie, qui jurati dicunt quod

152 APPENDIX.

David Broun de Fynmonth est propinquior agnatus id est consanguineus ex parte
patris Elizabethis Broun filie legitime quondam Joannis Broun apparentis de Fordell,
et quod ille excessit etatem viginti quinque annorum Et quod est sue rei providus et
potens et idoneus de administratioue rei aliene Et quod non est immediate succes-
surus ipse Elizabethe si ipsam Elizabeth am in fata decedere contigerit quia habet
fratrem viventem Et in genere quod ipsa Elizabetha apud dictum Davidem Broun ad
ipsius legitimam et perfectam etatem possit et debet educari Et quod dictus David
est legittimus tutor ipse Elizabethe per cautionem inventam secundum tenorem acti
Parliamenti super tutela confecti In cujus rei testimonium sigilla quorundum qui
dicte inquisitioni intererant presentibus apponuntur Et hoc breve incluso clausisque
sub signeto officii dicti vicecomitis loco die mense et anno suprascriptis. — Laurentii
Merser de Mekilhour, Willielmi Moncreiff de Eodem, Joannis Boss de Cragie, Collini
Eviott de Balhousie, Magistri Alexandri Bruce de Copmalundie, Willielmi Oliphant
de Gask, Magistri Henrici Merser de Kynnard, Boberti Stewart de Haltoun, Joannis
Boswell de Baglesie. Apud Edinburgh, vicesimo nono Marcij 1597.

Precept for Confirmation of charter by Mr. Bobert Wilkie, Prior of the Island of
St. Servanus in Lochleven, to David Broun of Fynmouth, and Elizabeth Couttis, his
spouse, of the lands of Boyallye, on the south side of the water of Levin, in the barony
of Kirkness and shire of Fife, 23 June 1599. — Reg. of Privy Seal.

Carta Confirmations Davidis Broun de Fynmonth et sue Sponse.

Jacobus Dei gratia Bex Scotorum Omnibus probis hominibus totius terre sue
clericis et laicis salutem Sciatis nos quandam cartarn dispositionis, etc. . . . de mandato
nostro visam lectam inspectam et diligenter examinatam sanam integram non rasam
non cancellatam nee in aliqua sui parte suspectam ad plenum intellexisse sub hac
forma Omnibus hanc cartam visuris vel audituris Magister Bobertus Wilkie prior
insule Sancti Servani infra lacum de Levyn ac magister principalis collegii divi
Leonardi prope civitatem Sanctiandree situati ceterique magistri regentes et alia
membra eiusdem collegii quibus dicta insula per supremum domiuum nostrum
regem cum avisamento dominorum secreti consilii est imperpetuum annexata ac
successores quondam venerabilis viri Magistri Joannis Winrahame ultimi prioris
eiusdem prioratus superioresque terrarum subscriptarum noveritis nos dedisse con-
cessisse et hac presenti carta nostra confirmasse necnon dare concedere et hac
presenti carta nostra confirmare Bredilecto nostro Davidi Broun de Fynmonth et
Elizabethe Cowtis sue sponse eorumque alteri diucius viuenti in coniuncta infeo-
datione et heredibus inter ipsos legitime procreatis seu procreandis Quibis deficienti-
bus legitimis et propinquioribus heredibus et assignatis dicti Davidis quibuscumque
hereditarie omnes et singulas illas terras et villain vocatas Boallie ex parte australi
aque de Levin cum omnibus earundem partibus pendiculis et pertinentiis jacentes in
baronia de Kirknes infra vicecomitatum de Fyiff Quequidem terre cum pertinentiis
perprius prefato Davidi hereditarie in feudifirma pertinuerunt de nobis immediate
tente et quas ipse in manibus nostris tanquam in manibus dominorum superiorum

APPENDIX 153

earundeni personaliter Apud [sic] sursuni reddidit pureque et simpliciter per

fustim et baculuni resignavit ac totum ius et clameum proprietatem et possessionem
que sen quas in et ad easdern habuit habet seu quovismodo habere vel clamare
poterit pro hac nostra noua carta et infeodatione sibi ac dicte Elizabethe sue sponse
eorumque alteri diutius viventi in coniuncta infeodatione ac eorum heredibus et
assignatis predictis Et hoc in plenam contentationem et satisfactionem pro omnibus
tertia seu tertia parte que dicta Elizabetha sponsa dicti Davidis habere poterit in
iure sibi succedere poterit de quibuscunque alijs dicti Davidis terris hereditatibus
seu possessionibus ratione decessus dicti Davidis si ante ipsum decedere contigerit
desuper in debita forma danda et conficienda Insuper nos pro diversis magnis
respectibus et bonis considerationibus nos mouentibus de novo ex certa scientia et
proprio motu dedimus concessimus et disposuimus tenoreque presentium damns con-
cedimus et dispouimus prefatis Davidi et Elizabetha sue spouse eorumque alteri
diutius viventi in coniuncta infeodatione ac eorum heredibus et assignatis predictis
totas et integras predictas terras et villam vocatas Eoallie cum domibus edificijs
hortis toftis croftis lie outsettis partibus pendiculis annexis connexis dependentijs et
omnibus suis pertinentiis unacum omnibus iure titulo interesse jurisclameo tarn
petitorio quam possessorio que seu quas nos nostri predecessores aut successores in
et ad easdem seu ad aliquam earundem partem vel ad census Armas proficua et
devorias earundem de quibuscunque annis seu terminis preteritis habuimus, etc. . . .
Tenendas et habendas totas et integras predictas terras et villam vocatas Eoyallie
cum domibus edificiis hortis toftis croftis lie outsettis partibus pendiculis annexis
connexis dependentijs et omnibus suis pertinentijs prefatis Davidi et Elizabethe sue
sponse eorumque alteri diutius viuenti in coniuncta infeodatione ac eorum heredibus
et assignatis predictis de nobis et successoribus nostris in feudifirma seu emphiteosi
et hereditate imperpetuum per omnes rectas metas suas antiquas et diuisas provt
jacent in longitudine et latitudine bondatas vt sequitur in wulgari begynnand at
the water of Levyn and thairfra southward ane stripe that rynnis betuix the Walker-
toun and the Eoyallie to the merche of Gaitmilk callit the Bladisleit, and west
therfra as the strype rynnis to the merche of Fynmonth, and therfra west as the
strype rynnis betuix Fynmonth and Eoyallie to the eist end of the cottermoss of
Auchtmwre, and north thairfra as the merche dyke gangis doun the west syde of the
Eoyallie know till ane syk, and eist as the syk gangis till the Cadgeargait, and north
as strype rynnis in Levyn In domibus edificijs etc. . . . Eeddendo inde anuuatim dicti
Dauid et Elizabeth sua sponsa eorumque heredes et assignati prescripti nobis et
successoribus nostris summam viginti solidorum vsualis mouete regni Scotie ad duos
anni terminos consuetos festa viz. Penthecostes et Sancti Mertini in hieme per
equales portiones ac tres sectas curie ad tria placita capitalia Apud Kirknes vel
Admure annuatim tenenda cum areagijs pro dictis terris pro rata solitis et consuetis
nobis et successoribus nostris prestandis ac duplicando dictam feudifirmam viginti
solidorum in primo introitu cuiuslibet heredis hereditario iure ad dictas terras
succedentis nomine feudifirme et relevij tantum pro omni alio onere exactione
questione demanda seu seruicio seculari que de predictis terris de Eoyallie cum per-
il

154 APPENDIX.

tinentijs per quoscumque iuste exigi poterint quomodolibet vel requiri Licebit etiam
nobis et successoribus nostris per nostrum officiarium proprijs manibus namare et
distringere pro canone et aliis devoriis superius mentionatis absque consensu dicti
Dauidis sue sponse suorumque heredum et factorum impedimento quocunque si
auteru predicti feudifirmarij aut heredes sui prescripti deficerint in solutione dicti
canonis in terminis superius nominatis Sic quod duo termini transeant in tertium
dictum canonem in toto vel in parte minime solutum seu etiam deficerint in aliquo
premissorum tunc et eo in casu presens infeofamentum erit eis nullius valoris aut
momenti Sic quod licebit nobis de eisdem terris disponere ad nostrum arbitrium ac
si presens infeodatio de eisdem minime facta fuisset absque quocunque strepitu
judiciali et absque predictorum feudifirmariorum et heredum suorurn contradictione
aliquali Et nos vero et successores nostri totas et integras predictas terras et villain
vocatas Koyallie cum domibus editions hortis toitis croftis lie outsettis partibus
pendiculis annexis connexis dependentijs et omnibus suis pertinentijs prefatis
Dauidi et Elizabethe sue sponse eorumque alteri diutius viventi in coniuncta infeo-
datione suisque heredibus et assignatis prescriptis In omnibus et per omnia forma
pariter et effectu vt premissum est contra omnes mortales warrantizabimus acquieta-
bimus et imperpetuum defendemus Insuper dilectis nostris Georgio Aitoun de Inche-
darny et eorum cuilibet coniunctim et divisim ballivis nostris in hac parte specialiter
constitutis salutem vobis precipimus et mandamus quatinus visis presentibus indilate
Statum sasinam hereditariam pariter et possessionem corporalem actualem et realem
totarum et integrarum predictarum terrarum et ville vocatarum Boyallie cum domi-
bus edinciis hortis toftis croftis lie outsettis partibus pendiculis annexis connexis
dependentijs et omnibus suis pertinentijs prefatis Davidi Broun de Fynmonth et
Elizabethe Cowttis sue sponse eorumque alteri diutius viuenti in coniuncta infeoda-
tione vel eorum certis actornatis latoribus seu latori presentium Secundem tenorem
antescripte carte nostre juste deliberetis et haberi faciatis Et hoc nullo modo omit-
tatis Ad quod faciendum vobis et vestrum cuilibet coniunctim et divisim nostram
plenariam liberam et irreuocabilem presentium tenore committimus potestatem In
cuius rei testimonium (scriptis in officina scriptoria Adami Lawtie scribe infra
Edinburgum per Davidem Andersone suum servitorem) Sigillum commune capituli
nostri unacum nostris subscriptionibus manualibus presentibus est appensum Apud
Sanctum Andream decimo quarto die mensis Junij anno Domini millesimo quin-
gentesimo nonagesimo nono coram his testibus Magistro Jacobo Wilkie, Alexandra
Haitlie, Gullielmo Nisbet, studentibus dicte nostri collegij, et Magistro Thoma Scott
civi dicti ciuitatis Sanctiandree, et Georgio Broun seruitore dicti Davidis Broun de
Fynmonth, cum diversis alijs. Quamquidem cartam et dispositionem in eadem con-
tentam in omnibus suis punctis et articulis conditionibus et modis ac circumstantijs
suis quibuscunque in omnibus et per omnia forma pariter et effectu ut premissum
est approbamus ratificamus ac pro nobis et successoribus nostris pro perpetuo con-
firmamus Salvis et Beservatis nobis et successoribus nostris feudifirme firmis juribus
et servitijs et devorijs nobis et predecessoribus nostris de predictis terris cum pertinen-
tijs perprius debitis et consuetis ante presentem nostram confirmationem Insuper

APPENDIX. 155

volumus et concedirnus ac pro nobis et successoribus nostris pro perpetuo decernimus
et ordinamus quod hec presens nostra confirmatio tanti erit valoris roboris efficacie
et effectus prefatis Davidi et Elizabethe sue sponse eorumque heredibus et assignatis
predictis ac si eadem ipsis ante sasine per ipsos de predictis terris cum pertinentijs
sumptioneni data et concessa extitisset non obstante sasina per ipsos de eisdeni alias
sumpta super quo et omnibus defectibus qui inde sequi poterint ac cum omnibus
alijs obiectionibus seu imperfectiouibus si que sint que contra validitatem antedicte
carte aut huius nostre confirmationis eiusdem opponi seu allegari poterint nos pro
nobis et successoribus nostris dispensaviinus ac per presentes dispensamus pro nunc
et imperpetuum In cuius rei testimonium buic presenti carte nostre confirmationis
magnum sigillum nostrum apponi precipimus predilectis nostris consanguineis et
consiliarijs Joanne domino Hammiltoun et Abirbrothok etc., Georgio Comite Mariscalli
domino Keith etc., Eegni nostri mariscallo dilectis nostris familiaribus consiliarijs,
domino Eicardo Cokburne juniore de Clerkingtoun nostro secretario, Waltero com-
mendatario de Blantyre nostri secreti sigilli custode, Magistro Joanne Skene nostrorum
rotulorum registri ac consibi clerico, domino Joanne Cokburne de Ormestoun milite
nostre iusticiarie clerico, et Magistro Wmo Scott de Grangemure nostre cancellarie
directore Apud Falkland vicesimo tertio die mensis Junij anno Domini millesimo
quingentesimo nonagesimo nono et regni nostri anno tricesimo secundo. — Reg. Mag.
Sig., Lib. xlii. No. 11.

Bond by Andro Lundie of Condlane, and Elizabeth Brown, his spouse, and
David Brown of Fynmonth, to George Scott, burgess of Dysert, for 6400 merks, as
the price of the lands of Drimey over and nether. At Condlane, 24 May 1599. —
Beg. of Deeds, 8th January 1627.

Assignation by John Broun of Fordell, to David Broun of Fynmont, his son,
whereby, for the said David's taking obligation upon him for certain bonds — viz., to
Henry Wardlaw, burgess of Edinburgh, for £1000, and to David Burt, in Kirkness,
for £600 — the said John assigns to him all his corn, cattle, and plenishing on the
Mains of Fordell, and other goods therein specified. Dated at Fynmonth 4 May 1601.
Witnessed by Androw Broun, clerk of Kinghorn, etc. — Reg. of Deeds, vol. lxxxv., 8th
May 1602.

12th Decembris 1601. — The testament datiue and inuentar of the gudis, geir,
sowmes of money, and dettis perteining to vmquhill Elizabat Couttis, sumtyme
spouse to Dauid Broun of Finemonth, within the parochin of Kinglassie in Fyff, the
tyme of hir deceiss, quha deceissit in Fordell in the moneth of August the yeir of God
jmvjc ane yeiris, ffaythfulie maid and gevin vp be the said Dauid Broun of Find-
month, hir spous, as fader and lawfull administrator to Eobert, Dauid, Issobell, and
Katrene Brownes, thair lawfull bairnes and executors datiues, surrogat to thair said
vmquhill mother, in place of the procuratour fiscal, be decreit of the commissarie of
Edinburgh, as the samen decreit of the dait at Edinburgh the 1 2 day of December
the yeir of God jmvjc aine yeiris at lentht proportis, —

156 APPENDIX.

In the first, the said vrnquhile Elizabeth Couttis and hir said spous had the gudis,
geir, sowmes of money, and dettis of the awaill and pryces afterfollowing perteining
to thame the tyme of hir deceiss foirsaid, viz. : Item, sawn vpoun the ground and
landis of the mains of Fordell, lxxxxvj bollis aittis, estimat to the thrid corne, ex-
tending to xiiijxxviij bollis aittis, price of the boll with the fodder, v merkis ; summa,
jmiiijcxl merkis. Item mair sawin thair, twelf bollis beir, estimat to the feird corne,
extending to xlviij bollis beir, price of the boll with the fodder, v lib. ; summa, ijcxl lib.
Item mair sawin thair, thrie bollis peiss, estimat to the feird corne, extending to twel
bollis peiss, price of the boll with the fodder, v lib. ; summa, lx lib. Item mair
sawin thair, four bollis quheit, estimat to the feird corne, extending to xvj bollis
quheit, pryce of the boll with the fodder, vj lib. ; summa, lxxxxvj lib. Item mair
vpone the said ground and landis, xxvij oxin, price of the pece owrheid, xiij lib. vj s.
viij d. ; summa, vcxl merkis. Item mair thair, audit scoir scheipe, young and auld,
price of the pece ourheid, xxxiij s. iiij d. ; summa, ijclxvj lib. xiij s. iiij d. Item mair
thair, fy ve ky, price of the pece, x lib. ; summa, 1 lib. Item mair thair, ten stottis and
quoyis of twa and thrie yeir auldis, price of the pece owrheid, x merkis ; summa, i°
merkis. Item mair vpoun the said ground and landis of Fordell, sex horss and
meiris, price of the pece ourheid, xx lib. ; summa, icxx lib. Item, sawin on the
ground and landis of the eist syde of Findmonth, lxxx bollis of aittis, estimat to the
thrid come extending to twelf scoir bollis aittis, price of the boll with the fodder, v
merkis ; summa, viij0 lib. Item, mair sawin thair, ten bollis beir, estimat to the feird
corne, extending to xl bollis beir, price of the boll with the fodder, v lib. ; summa, ij°
lib. Item mair sawin thair, sex firlotis peiss, estimat to the feird corne, extending to
sex bollis peiss, price of the boll with the fodder, v lib. ; summa, xxx lib. Item mair
upoun the said ground and landis of eist syde of Findmonth, lxxx scheipe, young and
auld, price of the pece owrheid, xxxiij s. iiij d. ; summa, j°xxxiij lib. vj s. viij d.
Item mair thair, xx oxin, price of the pece owrheid, xiij lib. vj s. viij d. ; summa, iiij0
merkis. Item mair thair, audit stottis and quoyis, of twa and thrie yeir auldis, price
of the pece owrheid, ten merkis ; summa, lxxx merkis. Item mair thair, twa horss,
price of the pece owrheid, xx lib. ; summa, xl lib. Item, in vtencilis and domicilis,
with the abuilzementis and ornamentis of hir bodie with siluer wark by the airschipe
estimat, to ij° lib. money.

Summa of the Inventar, .... iijmix°xlij lib. 13s. 4d

Folloivis the dettis awin to the deid.

Item, thair was awin to the said vrnquhile Elizabat Couttis and hir said spous,
be Schir James Schaw of Sauchie, knycht, iijcxxxiij lib. vj s. viij d. Item, be James
Tod in Kinglass, for his half fermis resten in anno jmvj° aine yeiris, thrie bollis beire,
price of the boll, v lib. ; summa, xv lib. Item, be Andro Gilmure for his half fermis
in anno foirsaid, twa bollis beir, price of the boll, v lib. ; summa, x lib. Item, be
George Liddell, in Findmonth, for his half fermis in anno foirsaid, twa furlotis twa
peckis beir, price of the boll, v lib. ; summa, iij lib. ij s. vj d. Item, be Bo4 Meldrum,
in Bawartane, for his half fermis in anno foirsaid, four bollis rueill and twa bollis beir

APPENDIX. 157

price of the boll owrheid, v lib. ; summa, xxx lib. Item, be Michaell Meldrum thair,
for bis half fermis in anno foirsaid, four boll meill and twa boll beir, price of the boll
owrheid, v lib. ; summa, xxx lib. Item, be Nichole Broun for his half fermis in
anno foirsaid, sex fhiotis meill and twa firlotis beir, price of the boll owrheid, v lib. ;
summa, x lib. Item, be Johne Kinloch for his half fermis in anno foirsaid, ane boll
meill, price v lib. Item, be Alexr Ben, in Fordell, for his half fermis in anno foirsaid,
ane boll meill, price v lib.

Summa of the dettis awin to the deid, . . iiifxli lib. ix s. ij d.

Summa of the Inventar with the dettis, iiijmiijclxxxiv lib. ij s. vj d.

Followis the dettis aivin be the deid.

Item, thair was awin be the said vmquhile Elizabat Couttis and hir said spous
to Elizabat Brown, dochter lawfull of vmquhile Johne Broun, fear of Ford ell, quhilk
schoe befell be deceiss of the said vmquhile Johne Broun, hir fader, intromettit with
be the def unctis spous, the sowme of jmijciiij lib. Item, to Hendry Wardlaw, conforme
to aine obligatioun, jm lib. Item, to Dauid Burt in Kirkness, be obligatioun, iiij0
lib. Item, to Ewffame Boiswell in Kirknes, be obligatioun, ijclxvj lib. xiij s. iiij d.
Item, to James Betsone, be obligatioun, ijc lib. Item, to Dauid Tod in Craigsyde, be
obligatioun, iiij0 lib. Item, to James Tod in Kinglasse, be obligatioun, ijclxvj lib.
xiij s. iiij d. Item, to George Auchmowtie of that Ilk, ijclxvj lib. xiij s. iiij d. Item,
to Euffame Brown in Inchdaruy, be obligatioun, jc lib. Item, to Jonet Clerk in
Findmonth, jcvj lib. 13s. 4d. Item, to Eo* Kilgour in Pitcaney, lxvj lib. xiij s. iiijd.
Item, to James Chrystie in Findmonth, jexxxiij lib. vj s. viij d. Item, to George Gib,
be obligatioun, lxvj lib. xiij s. iiij d. Item, to Symon Haghie for merchandice, xx lib.

Summa of the dettis awin be the deid, iiijmiiijclxxxxvij lib. vj s. 8d.
And sua the dettis exceidis the guidis, . . jcxiij lib. iiij s. ij d.

We, Mess" Johne Nicolson, vnderstanding that efter dew summonding and law-
full warning, etc., and that nane compeirit, we decernit the procurator fischall, etc.,
conforme to the whilk, we in our souerane Lordis name and auctoritie makes, consti-
tute, ordanis, and confirmis, etc. Quherevpon Mr Eo' Broun of Pitkeny is become
cautioun for the saidis executoris and for the said fader, etc., as ane Act beiris. —
Commissariat of Edinburgh, vol. xxxvi.

Discharge and Eenunciation by John Couttis, portioner of Pitzeocher, in favour
of David Broun of Fynmonth, of the redemption of certain annualrents and securities
therein specified, in which the said David and Elizabeth Coutts, his spouse, sister of
the said John, were infeft by the latter, 13 July 1602. — Reg. of Deeds, vol. lxxxviii.,
22 July 1602.

23 February 1603. — Obligation by David Broun of Fynmonth, whereby "for
the naturall luiff, favour, and affectioun " he has to his brother's son, John Brown,
now of Fordell, the said David engages to assign to him on his reaching the age of
twenty, the nineteen years' tack of the teinds of Wester Balbartane, which the said

158 APPENDIX.

David purchased with " greit trawellis, expensis, and charges," from William Sandilands
of St. Monance : the said tack being of date 18 May 1598. The obligation is dated
at Edinburgh 23d February 1603. Witnesses : Mr. Eobert Broun, brother of the
granter ; George Broun, his servant ; and Mr. David Broun, minister of Glammis. —
Reg. of Deeds, vol. xciii.

Gift to David Broun of Fynmonth of the escheat of Andro Moncur of that Ilk,
at the horn for debt to Eobert Anderson, burgess of Perth, 4 April 1603. — Reg. of
Privy Seal.

Contract between David Broun of Fynmonth and John Couttis of Pitzocher,
with consent of Jean Bruce, his spouse, Eobert Bruce of Blairhall, and Eobert Bruce
of Baldrig, whereby, for 1000 merks, the latter sells to the said David Broun, an
annualrent of £80, belonging to the said John Couttis, as heir to the late Allan
Couttis, elder of Grange, by Isabell Bothwell, his second spouse, to whom the said
annualrent was first disponed by James Lindsay of Dowhill, to be taken furth of the
lands of Logy, near Dunfermline, belonging to George Bruce of Carnok, reserving the
said Isobell Bothwell's liferent, and redeemable by the said James Lyndsay for
1000 merks. At Dunfermline, 15 September 1603. — Reg. of Deeds, vol. xcv.

25 November 1603. — Discharge by John Couttis, portioner of Pitzocher, with
consent of Jean Bruce, his spouse, Eobert Bruce of Blairhall, and Eobert Bruce of
Baldrig, to David Broun of Fynmonth and Elizabeth Couttis, his spouse, now
deceased, sister of the granter, of the reversion of several annualrents in which he
had infeft the said David and Elizabeth, redeemable on the granter's paying a " rois-
noble " in " the kirk of Sanct Geill's," Edinburgh, where the said David, having failed
to compear, the said " roisnoble " was consigned for his behoof; but he having subse-
quently paid a certain sum to the granter, this discharge is now given in favour of
the said David. At Dunfermline, 15th September 1603. Witnesses: John Gaw of
Maw ; James Broun, brother-german to the late John Brown of Fordell ; David
Broun, writer in Dunfermline ; and William Broun, writer of the Deed. — Ibid.
vol. xcv.

27 June 1605. — Obligation by David Brown of Fynmonth and Alexander
Peblis of Polhill, as cautioners for Margaret Gaw, relict of Oliver Young, burgess
of Perth, to Henry Elder, clerk of Perth, for £68. 23d May 1604.— Ibid. vol. cxi.

16 June 1606. — Obligation by Andrew Blair, son and apparent heir to Andro
Blair of Eossy, to George Brown, servitor to David Brown of Phinmonth, for 50
merks. At Perth, 29th August 1605. — Reg. of Deeds, vol. cxix.

8 January 1606. — Eenunciation by David Brown of Fynmonth, and Isobell
Bothwell, relict of Allane Cowttis of Grange, now spouse to Eobert Wonrame,
burgess of Dunfermline, in favour of George Bruce of Carnok, of an annualrent of
£80 furth of the lands of Logie, now redeemed for 1000 merks. At the Both, 6th
December 1605. — Ibid. vol. cxiv.

APPENDIX. 159

23 December 1606. — The testament datiue and inuentar of the guidis, geir,
sowmes of money, and dettis perteining to vmquhile Margaret Murray, spous to Dauid
Broun of Fynmonth, within [the parish] of Forgund and shirefdome of Perth t, the tyme
of hir deceis, quha deceissit in the moneth of August the year of God jmvj° sex yeiris,
ffaythfullie maid and gevin vp be the said Dauid Broun of Fynmonth, hir spous, as
factor and lawfull administrator to James Broun, thair onlie lawful 1 barne procreat
betwixt thame, executor datiue decernit to his said vmquhile moder, be decreit of the
Commissary of Edinburgh, as the samyn decreit of the dait at Edinburgh the xx day
of December the yeir of God jmvjc sex yeiris foirsaid at lenth proportis, —

In the first, the said vmquhile Margaret Murray and hir said spous had the guidis,
geir, sowmes of money and dettis, of the awaill and prices efterfollowing, perteniug to
thame the tyme of hir deceiss foirsaid, viz. : Item, vpoun the ground and landis of Fordell,
xxyj drawin oxin, price of the pece owrheid, xvj lib. ; summa, iiijc and xvj lib. Item
mair thair, ten ky, price of the pece owrheid, xiij lib. vj s. viij d. ; summa, icxxxiij lib.
yj s. viij d. Item mair vpoun the said ground and landis, twelf stottis and quoyis of
ane and twa yeir auldis, price of the pece owrheid, v lib. ; summa, Ix lib. Item mair
vpoun the said ground and landis, ten scoir scheipe, young and auld, thairof sex scoire
yowis and lxxx gimmeris and dynmontis, price of the pece owrheid, xl s. ; summa, four
hundreth pundis. Item mair thair, sevin horsses and meiris, price of the pece owrheid,
xxiiij lib. ; summa, jclxviij lib. Item, sawin vpoun ane pairt of the ground and landis
of Fordell, to the defuuctis and hir said spous awin vse, liiij bollis aittis, estimat to
the thrid corne, extending to aucht scoir twa bollis of aittis, price of the boll with the
fodder, iij lib. vj s. viij d. ; summa, vcxl lib. Item, mair sawin vpoun ane pairt of the
said ground and landis of Fordell to the defunctis and hir said spous awin vse, ten
bollis of beir, estimat to the feird corne, extending to xl bollis of beire, price of the
boll with the fodder, iiij lib. x s. ; summa, jclxxx lib. Item, mair sawin vpoun ane
pairt of the said ground and landis of Fordell to the defunctis and hir said spous awin
vse, half ane boll peiss, estimat to the feird corne, extending to twa bollis of peiss,
price of the boll with the fodder, iiij lib. x s. ; summa, jx lib. Item, vpoun the ground
and landis of Bishopshill, lxxxxij scheipe, half wodderis, half dynmontis, price of the
peice owrheid, xl s. ; summa, jclxxxiiij lib. Item, in vtencilis and domicilis, with the
abuilzementis of hir body, estimat to ijc lib.

Summa of the inuentar, .... ijmij°lxxxx lib. vj s. 8d.

Folloivis the dettis awin to the deid.

Item, thair was awin to the said vmquhile Margaret Murray and hir said spous,
be Henrie Airland, for his fermis of the landis of Fynmonth, resten in anno jmvjc sex
yeiris, xl bollis meill, and xvj bollis beire vnchereteit, price of the boll owrheid, iiij lib. ;
summa, ijcxxiiij lib. Item, be Andro Gilmure in Kinglasse, resten, twa bollis of ferme
beir, price of the boll, iiij lib. ; summa, viij lib. Item, be Symon Hagie thair, thrie

160 APPENDIX.

bollis ferme beire, price of the boll, iiij lib. ; surnnia, xij lib. Item, be James Wilsoun
in Fynmonth, for his half fermis resten in anno jmvjc sex yeiris foirsaid, xlij bollis
meill and xviij bollis beir, price of the boll owrheid, iiij lib. ; summa, ij°xl lib. Item,
be Michaell Meldrum in Bawartane, for his pairt of the teind of Meldrum foirsaid,
aucht bollis meill and four bollis beir, price of the boll owrheid, iiij lib. ; summa,
xlviij lib. Item, be Schir James Schaw of Sauchie, knycht, be contract, the sowrne of
fyve hundreth pundis.

Summa of the dettis awin to the deid, . jmxxxij lib.

Summa of the inuentar with the dettis, . iijmiijcxxij lib. vj s. 8d.

Folloiuis the dettis awin be the deid.

Item, thair was awin be the said vmquhile Margaret Murray and hir said spous,
to Toddis lawfull barnis to vmquhile James Tod in Kinglassie, be obligatioun,

the souine of iiij0 merkis. Item, to Wm Swyne in Gatemilk, be obligatioun, ijc merkis.
Item, to Henry Broun in Gospertie, be obligatioun, iij° merkis. Item, to Issobell
Murray, dochter to Johnne Murray of Tibbermure, be obligatioun, iijc merkis. Item, to
Henry Airland in Strathhendrie, be obligatioun, ijc merkis. Item, to Nichole Broun, be
obligatioun, j° merkis. Item, to Thomas Broun thair, be obligatioun, j° merkis. Item,
to Thomas Broune thair, be obligatioun, j° merkis. Item, to George Gib in Fynmonth,
be obligatioun, jc merkis. Item, to Micbaell Meldrum, be obligatioun, xl merkis. Item,
to James Broun, sone to the defunct, be virtew of ane contract matrimoniall maid
betwixt Johne Murray of Tilliemure, fader to the defunct, and the defunctis self one
the ane pairt, and the said Dauid Broun of Fynmonth, hir spous, on the vthyr pairt, of
the dait at Perth the fyft day of Marche the yeir of God jmvj° twa yeiris, iijmvc libs.
Item, to Mr Johne Durie, for the few malis of Fynmonth, resten in anno jmvjc sex
yeiris, xvj lib. Item, to the quienis majestie and hir chalmerlaiue, for the teindis of
Fynmonth in anno foirsaid, x lib. xiij s. iiij d.

Summa of the dettis awin be the deid, . iiijmvij°liij lib. vj s. 8d.

And sua the dettis exceidis the guidis, . jmiiijcxxxj lib.

We, Mr Johne Arthour, etc., vnderstanding that efter dew summonding and law-
full warning maid be forme of edict, appointit as effeiris of the executor, etc., we
decernit thairuntill, as our decreit gevin thairvpoun beiris, conforme to the quhilk we
in our souerane lordis name and auctoritie, makes, constitutis, etc., quhairvpoun Schir
Walter Dundass of that Ilk, is become cautioun, etc., as ane act beiris.

9 June 1615. — Discharge by Agnes Scott, sister german to the late Sir James
Scott of Balwearie, knight, and David Broun of Fynmonth, her spouse, to Sir James
Cunningham of Glengarnock, kt., for 4000 rnerks, in redemption of an annualrent
of 400 merks, wherein the said Agnes was appointed to be infeft by the said Sir

APPENDIX. 161

James Cuniringhame, out of the lauds of Balwearie Mylne, couforme to decreet arbitral
by Alexander, Earl of Dunfermline, Chancellor, as judge chosen by them, dated at
Edinburgh, 10 November 1608, and recorded in the Eegister of Decreets, 19 Nov.,
same year. Dated at Fordell, 10 May 1611 : witnesses, John Broun of Fordell, Mr.
Kobert Broun of Pitkeny, etc. — Reg. of Deeds, vol. ccxxxviii.

Obligation by Andro Lundy of Condland, to his " beloved brother-in-law,"
David Broune of Fynmonth, for 500 merks. At Kirkcaldy, 2d October 1611. Wit-
nesses : James Colville, brother to the laird of Cleish ; David Gaw, brother to John
Gaw of Maw.— Reg. of Deeds, 19th November 1630.

The Testament testamentar, and inventarie of the gudis, geir, and dettis of
vmquhile Agnes Scott, spous to Dauid Broun of Finmonth, within the parochin of
Kinglassie and Scherefdome of Fyff, the tyme of her deceis, quhilk wes vpoun the
xxvij day of Februar 1614 yeiris, faythfullie maid and gevin vp be the said Dauid
Broun, her relict spous, executour testamentar nomiuat be hir in latter will vuder-
writtin of the dait at Finmonth, the audit day of Februar yeir foirsaid, —

In the first, in the barn yaird of Fordell, sex scoir bollis aittis, price of the boll,
being out feild aittis, iiij lib. xiij s. iiij d. ; summa, vclx lib. Item, in the barne of
Fordell, fyftie bollis beir, price of the boll, vj lib. xiij s. iiij d. ; summa, iijcxxxiij lib.
vj s. viij d. Item, in Fordell, of yowis, gymmaris, and dilmondis, tuelscoir scheip, price
of the pece ovirheid, Iiij s. iiij d. ; summa, vjclxv lib. xiij s. iiij d. Item, twa meiris
and twa staigis, price of the pece ovirheid, xxx lib. ; summa, jcxx lib. Item in the
girnell of Fordellis, xxij bollis meill, price of the boll, iiij lib. xiij s. iiij d. ; summa,
j'ij lib. xiij s. iiij d. Item, in the Bischop of Hill of scheip, to wit, wederis and dil-
mondis, fyvescoir sextene scheip, price of the pece, Iiij s. iiij d. ; summa, iij°viij lib.
xiij s. iiij d. Item, in the girnell of Finmouuth, lxxvj bollis meill, price of the boll,
iiij lib. xiij s. iiij d. ; summa, iijcliiij lib. xiij s. iiij d. Item in the said girnell, fyftie
bollis meill, price of the boll, iiij lib. xiij s. iiij d. ; summa, ijcxxxiij lib. vj s. viij d.
Item, in vtinceillis and domiceilis, estimat to iijc lib.

Summa of the inventarie, . . ijmixclxxvijj lib. vj s. viij d.

Dettis awand to the deid.

In the first, be Jon Broun of Fordell, conform to ane contract, jmvjclxvj lib. xiij s.
iiij d. Item, be Jon Murray of Tippermure and Patrik Murray, his son, fear thairof.
jcxxxiij lib. vj s. viij d. Item, be Jon Young, younger in Middilrig, xiij lib. xiij s. iiijd.
Item, be the airis or executoures of vmquhile schir James Scott of Balvirie, be vertew
of his band, vj°lxvj lib. xiij s. iiij d.

Summa of the dettis, .... ijmvcix lib. vj s. viij d.
Summa of the inventar and dettis, . vmiiijclxxxvij lib. xiij s. iiij d.

162 APPENDIX.

Dettis awand he the deid.

Item, to Elizabeth Broun, dochter to vmquhile Jon Broun of Fordell his
brother, jmiijcxxxiij lib. vj s. viij d., in contentatioun of the said Dauid his intromission
as tutor to the said Elizabeth. Item, to James Broun, his sone, procreat betwix him
and vmquhile Margaret Murray, his spous, ijmiij°xxxiij lib. vj s. viij d., as ane part of
ane matrimoniall contract not fulfillit nor satisfeit. Item, to George Tod in Kynnyn-
month, of borrowit mone, iijcxxxiij lib. vj s. viij d. Item, to James Wilsone younger,
in Findmonth, iijcxxxiij lib. vj s. viij d., con forme to his obligatioun. Item, to Henrie
Irland in Strahenrie, jcxxxiij lib. vj s. viij d. of borrowit money. Item, to William
Sym and Jon Swyn in Gaitmilk, ijclib., conform to thair obligatioun. Item, to
Symon Hagay and Margaret Miln, his spous, in Kinglassie, jcxxxiij lib. vj s. viij d.
conforme to thair obligatioun. Item, to George Gib in the Decmies, lxvj lib. xiij s.
iiij d. borrowit money. Item, to Margaret Mini in Kinglassie, lxvj lib. xiij s. iiij d.,
conforme to thair obligatioun. Item, to Margaret Lindesay, seruand woman, for claith
and fie, xxxiij lib. vj s. viij d. Item, to Jon Ker, seruand, of fie, ix lib. Item, to Alexr
Lamb, seruand, of fie, v lib. Item, to the principall and masteris of St. Leonardis
Coledge for the teindis of By Hie, v lib.

Summa of the saidis dettis, . . . iiijmixclxxxv lib. xiij s. iiij d.

Summa of the frie geir, the dettis deducit, . vcij lib.

To be devydit in thrie partis.
Ilk part is, ..... . jclxvij lib. vj s. viij d.

Folloivis the latterwill.

At Finmonth, the audit day of Februar, the yeir of God 1614 yeiris, I, Agnes
Scott, spous to Dauid Broun of Finmonth, being of guid helth and perfyt of memorie,
vnderstanding that thair is na thing mair certane than death, and na thing mair
vncertan than the day and hour of death ; thairfoir, to have constitut and nominat,
lyk as I, be the tennour heir of constitutis and nominatis, Dauid Broun, my husband,
my onlie executour and vniversal intromittour, with all and quhatsumever guidis and
geir appertening, or ony maner of way appertening, to me, be thir presentis, writtin
be Mr. James Wilsone, minister of God's word at Kinglassie, and subscryuit with my
hand, the day, yeir, and place foirsaidis, befoir thir witnes, Laurence Oliphant, sone
to vmquhile William Oliphant of Gask ; Dauid Gaw, brother gernian to Jon Gaw of
Maw ; and the said Mr. James Wilsone, minister. Sic subT Agnes Scott ; Mr. J.
Wilsone, witnes ; Laurence Oliphant, witness ; Dauid Gaue, witnes.

This present inventarie and testament befoir writtin, togidder with the executour
thairin constitut, is confirmit vpoun the viiij day of Aprile 1614 ; the said executour
maid fayth, etc., and Robert Broun apperand of Fynmonth is becum cautiounar, etc.

10 June 1614. — Renunciation by Walter Scott, son and heir of the late George
Scott, burgess of Dysart, of all claim which he had against David Broun of Fyn-

WEMYSS OF FOODIE.

(County Fife.)

v-h-

— t 1

First and Fourth or, a Lion rampant gules ; Second and
Third argent, a Lion rampant sable ; all within a
Bordure counter compony or and gules for difference.

(Lyon Register, 1672-1678.)

SCOTI :- FERGUSON CDlNBUBOH

APPENDIX. 163

month, as cautioner in the contract between Andrew Lundy of Condlane and Eliza-
beth Broun, his spouse, on the one part, and the said deceased George Scott on the
other, anent the alienation to the latter of the lands of Drumis, over and nether, in
the shire of Fife, under reversion for 6400 merks — which contract was dated 24th and
26th May 1599. This Eenuuciation is dated at Falkland, 13 Dec. 1613. — Reg. of
Deeds.

Renunciation by David Broun of Fynnionthe, to and in favour of John Murray
of Tibbermure, and Patrick Murray, his lawful eldest son, procreate betwixt him and
Helen Scrymgeour, his second spouse ; whereby, for the sum of 4000 merks, an
annuelrent of 400 merks out of the lands of Keirprone, with the salmon-fishings
thereof in the water of Earne, is renounced and given up by the said David Broun.
Subscribed at Fordell, 8 June 1614, and recorded 18 December 1615. Nicoll Broun
in Fordell is a witness. — Ibid. vol. ccxliii.

3 December 1619. — Seisin of David Broun of Finmonth (proceeding on
charter and precept granted by David Wilsone, servant to the late Sir John Skene of
Curriehill, knight, containing a sale and alienation), of an annualrent of 40 merks
Scots, to be uplifted furth of the lands of Innerteill. Precept, dated at the Burgh
of Kingorne, 2d August 1614. — Protocol Book.

10 November 1618. — David Broun of Fynmonth, against Sir James Cunningham
of Glengarnok, Knt. ; Sir George Erskine of Innerteil, Knt., Dame Isabell Broun,
his spouse, and others, narrating that Mr Win. Anderson, in Edinburgh, by disposi-
tion, dated 16th Oct. 1615, sold to the pursuer an annuity of 100 merks furth of
the lands of Innerteil, for payment of which the suit is raised. Decerned for
pursuer. — Reg. of Acts and Decreets.

Ane Bendnciatioun of ane anualrent maid be Catharene Broun, and Harie
Wymes of Fudie, hir spous, for his entres in favoris of David Broun of Finmonth,
registrat in the Clerk of Begisteris Register of the Sheriffdomes of Fyff and Kinrois,
at Hiltervat, the last day of November 1619, quhairof the tenour followis : — Be
it kend till all be thir present lettres, me, Catharene Broun, laufull douchter to
David Broun of Findmonth, with consent of Harie Wemys of Fudie, my spous, for
his entres ; as also I, the said Harie Wemys, for myself, and takand burthing on me
for the said Catherene, my spous, and we bayth, with ane consent and assent,
fforasmekle as I, the said Catherene Broun, being provydit be the said Dauid
Brown of Findmonth, my father, and dewlie infeft be him in all and haill ane
yeirlie anuelrent of ane hundreth merkis money of this realme, yeirlie to be upliftit
and tane furth of all and haill the west pairt lands of Findmonth, pertaining to the
said Dauid, lyand within the parochine of Kinglassie and Sheriffdome of Fyff, or
furth of any pairt thereof, with the pertinentis conforme to the infeftmentis and
securaties maid to me thairanent, redemabill alwayes and under reversioun, containing
the sowme of ane thowsand merkis money foresaid, as in the reversione and utheris

164 APPENDIX.

evidentis maid thairanent at greater length is containit ; and becaus I, the said
Catharene Broun, am alreddie sufficientlie tocherit and provydit be the said Dauid
Broun, my father, in full satisfactioun and contentatioun of the said auualrent and
principal sowme quhairin I wes infeft of befor ; quhilk I, with consent of said
spous, hes alreadie acceptit be the contract of mariage maid betwix the said Dauid
Broun of Findmonth, my father, and I, the said Catherene, on the ane pairt, and
the said Harie Wemys of Fudie on the uther pairt, of the dait at Findmonth, the
seavint day of August, the yeir of God jmvjc and nyntene yeiris. Be the quhilk
contract also, I, the said Catherene, and my said spous, ar bunden and obleist thairin
to renunce the said anualrent, and grant laufull redemptioun thairof ; quhairfor, and in
satisfactioun of the said contract of mariage and wtheris causes abune specifiet, confess
and grantis the said anualrent dewlie and laufullie redemit fra us be the said Dauid
Broun of Findmonth, confess and grantis all bygane anualrentis thairof payit, and the
haill reversioun satisfiet ; and I, the said Catherene, with consent of the said Harie
Wemys, my spous, as also the said Harie for himself, and takand burthing for his
said spous, for thame, thair airis, executouris, and assignayes, exoneris quytclames,
and simpliciter dischairges the said Dauid Broun of Findmonth, his airis, executouris,
and assignis, of the said principal sowme of ane thowsand merkis money forsaid,
and of the said yeirlie anualrent of ane hundreth merkis money forsaid yeirlie to
haive bene wpliftit furth of the saidis halff landis of Findmonth, being the west syde
and west pairt thairof, or furth of any pairt of the samyne, with the pertinentis,
conforme to the infeftmentis and reversioun grantit thairupoun ; qubilk reversioun
we grant to be fullie, conipleitlie, and sufficientlie satisfiet to us in all poyntis
conforme to the tenour thairof, renunceand the exceptioun of non-numerat money,
and all wtheris exceptiounis quhatsumever that can or may be proponit in the
contrare of thir presentis. And I, the said Cathren, with consent of my said
spous, and the said Harie for himself, and baith with ane consent and assent, for us,
our airis, executours, and assignayis, renunces quytclames, and simpliciter dischairges
all rycht, title of rycht, propertie, and possessioun, petitour and possessourie, quhilk
we or our forsaidis has had, or may clame and pretend in and to the said annuel-
rent and principall sowme ; and be thir presentis resignes, overgives, and sur-
renderis and delyveris the said annuelrent and quhatsumever rycht we may pretend
thairto, in the handis and favour of the said Dauid Broun of Findmonth, as
superiour thairof ad perpetuam reman entiam, and to remaine with him and his for-
saidis conforme to the Act of Parliament and lawis of this kingdome, and hes
delyverit the haill wreatis and evidentis grantit to me, the said Kathrene, thair-
upoun to be cuttit, cancellat, and destroyit, and never to mak faith herefter, and
obleiss us to warrant this our renunciatioun to the said Dauid and his forsaidis to
be alwayes walid and effectual!, and to renew the samyne toties quoties as we sail
be requyrit ; and we ar content that thir presentis be registrat in the buikis of
Counsall and Sessioun or commissaries buikis of St. Andrews, to hawe the strenth
of ane decreit and wther as effeiris ; as also that their presentis be registrat in my
Lord Clerk of Eegisteris buikis within the Sherifdome of Fyff, conforme to the Act

APPENDIX. 165

of Parliament, and makis and constitutis, etc. . . . — Particular Register of Sasines
for Fife and Kinross.

1620, Feb. 21. — Seisin of Robert Broun, son and heir apparent of David Broun
of Finmonth, and Lilias Macgill, his spouse, proceeding on a charter and precept,
granted by the said David Broun of Finmonth to them, of the west half of the lands
of Finmonth lying in the regality of Dunfermline, parish of Kinglassie and shire of
Fyfe, presently occupied by James Wilsone, in conjunct fee, and the heirs begotten
betwixt them, whom failing, to the said Robert's heirs whomsoever — charters and
precept dated at Finmonth 21 February 1620. Witnesses to the Seisin: David
Lundy, lawful son to Andrew Lundy of Condlen ; James Broun, lawful son of the
said David Broun of Finmonth ; John Broun, wright in Clunye ; and Dauid Gib. —
Protocol Booh.

Disposition by David Broun of Finmonth, to Walter Scott of Banclera and
Bessie Mosman, his spouse, of a tack of the teinds of Condland, etc., which was
assigned to the said David by Thomas Lumsden, son and heir of the late Mr. Thomas
Lumsden, parson of Kinkell, tacksman thereof, to the Earl of Lennox. At Fynmonth,
4th July 1621. Robert and James Brouns, sons of the said David, are witnesses. —
Beg. of Deeds, 3d May 1624.

Precept for confirmation of charter by John Lundie of that Ilk, to David Brown
of Fynmonth in liferent, and James his son, begotten between him and the late
Margaret Murray, his spouse, of an annualrent of 450 merks : and also to the said
David Brown and Agnes, his daughter, begotten between him and the late Agnes
Scott, his spouse, of an annualrent of 550 merks, out of the barony of Lundie. —
August 23d 1626.— Beg. of Privy Seal.

Carta Davidis Broun de Fynmonth et sui filii ac filie annuorum
reddituum subscriptorom.

Carolus Dei gratia Magne Britannie Francie et Hibernie Rex, etc., fideique
defensor Omnibus probis hominibus totius terre sue clericis et laicis salutem
Sciatis nos, etc. . . . ratificasse approbasse Et hac presenti carta nostra confirmasse etc.
. . . cartam subscriptam venditionem et dispositionem in eadem insertam factam datam
et concessam per Joannem Lundy de Eodem, cum consensu domini Jacobi Lundy
militis sui patrui, dilecto nostro Davidi Broun de Fynmonth in vitali redditu pro
omnibus sue vite diebus ac Jacobo Broun eius filio legitimo inter ipsum et quondam
Margaretam Murray eius sponsam procreato ac heredibus de corpore suo legitime
procreandis Quibus deficientibus heredibus et assignatis dicti Davidis quibuscunque
in feodo hereditarie de toto et integro uno annuo redditu quadringintarum et quin-
quaginta mercarum monete huius regni nostri Scotie Ac etiam dicto Davidi Broun
de Fynmonth in vitali redditu et Agnete Broun eius filie legitime inter ipsum et

16G APPENDIX.

quondam Agnetarn Scott eius sponsarn legitime procreate ac heredibus de corpore
dicte Agnete Broune legitime procreandis. Quibus deficientibus legitimis et propin-
quioribus heredibus et assiguatis dicti Davidis quibuscunque hereditarie de toto et
integro alio annuo redditu quingentarum et quinquaginta mercarum monete antedicte
annui redditus annuatim levandi et percipiendi ad festa Penthecostes et Sancti
Martini in hyeme per equales portiones de totis et integris terris et baronia de Lundie
cum pertinentijs seu aliqua earundem parte jacentibus infra vicecomitatum nostrum
de Fyiff exceptis de terris dominicalibus de Lundie molendinis terris molendinarijs
ac illis acris terrarum arabilium quondam ad dictas terras dominicales pertinentibus
per tenentes de occupatis, durante vita dicti domini Jacobi

Lundie tantummodo Tenendo de nobis et successoribus nostris in libera albafirma
pro annua solutione unius denarij super solo dictarum terrarum ad festum Penthe-
costes nomine albefirme si petatur tantum prout in dicta carta desuper confecta de
data apud Couper et Edinburgh primo et septimo diebus mensis Junij anno Domini
millesimo sexcentesimo vigesimo sexto instantis latius continetur Salvis tamen
nobis nostrisque successoribus juribus et servitijs nobis et predicessoribus nostris de
terris alijsque prescriptis ante hanc presentem nostram confirmationem debitis et
consuetis Insuper cum consensu antedicto volumus et concedimus ac pro nobis et
successoribus nostris pro perpetuo decernimus et ordinamus quod presens hec nostra
confirmatio dicti inf'eofamenti per datam et contenta eiusdem supraspecificata tanti
erit roboris valoris efficacie et effectus dicto Davidi Broun ac dictis suo filio et filie
eorumque antedictis pro gavisione et possessione predictorum annuorum reddituum
Secundum tenorem eiusdem infeofamentj ac si eadem confirmatio ipsis per nos nostro
sub magno sigillo in majori forma per integrum tenorem dicte carte ac ante sasinam
per ipsos de eisdem annuis redditlbus susceptam data et concessa fuisset Non obstante
sasiua per ipsos de ijsdeni hactenus suscepta penes quam ac omnes alios defectus
impedimenta et objectiones quascunque que contra dictum infeofamentum ant
validitatem eiusdem et non insertionem dicte carte opponi seu obijci poterint nos
cum consensu prescripto pro nobis et successoribus nostris cum dicto Davide Broune
ac dictis eius filio et filia pro perpetuo dispensavimus ac per presentis carte nostre
tenorem dispensamus imperpetuum In cuius rei testimonium huic presenti carte
nostre confirmationis magnum sigillum nostrum apponi precepimus Testibus vt in
alijs cartis consimilis date precedentibus Apud Halyrudhous vigesimo tertio die
mensis Augusti anno Domini millesimo sexcentesimo vigesimo sexto et anno regni
noslri secundo. — Reg. Mag. Sig., Lib. li. No. 1 1 7.

1G29, March 20. — Laikd OF Finjionth contra Weems.

The Laird of Kincraig in his son's contract of marriage being oblig'd to infeft
his daughter-in-law in certain lands, and therein obliging himself to warrand these
lands to her free of all teinds, except the payment of seven bolls of victual yearly —
for these are the very words of the contract — the father-in-law being the tacksman
of these teinds for the payment of the said tack- duty, and after the son's decease

INGLIS OF KINGASK.

(County Fife.)

Azure, a Lion rampant argent armed and langued gules, in
chief three Mullets of the second.

(Lyon Register.)

SCOU iTEFCUSONEDIM BURGH

APPENDIX. 167

the relict continuing divers years in possession of these lands and teinds for paying
of this duty, the good-father being still on life ; thereafter the good-father in another
contract of marriage of one of his daughters, for security of the sums promitted in
tocher to his good-son, makes him assigney to his said tack of the saids teinds ;
whereupon the relict foresaid of his said son is pursued for the saids teinds of the
lands provided to her by her said contract of marriage, who opponing the foresaid
clause of the contract, bearing her father-in-law to be oblig'd to warrand the saids
lands to her free of all teinds, except the said seven bolls, which she alledged with
her possession sensive, to be als good to her as if she had obtained an assignation to
the tack, or been made sub-tackswoman ; and the other alledging, that it was only
a personal bond, which obliged himself and his heirs, and could not exclude the real
right now standing in the person of a singular successor who had valuably acquired it ex
causa onerosa. The alledgance was sustained, and the clause was found sufficient to
maintain the defender in her right to bruik the lands against any whosoever claimed
right to that tack. — Ditrie's Decisions.

Discharge by David Broun of Fynmonth, with consent of David Broun his sou,
to Alexander Shaw of Sauchie, son and heir of the late Sir James Shaw of Sauchie,
knight, of a contract between the latter and the late John Broun of Fordel, Catherine
Boswel his spouse, and the said David Broun, elder, their son, of date 24th June
1581. At Edinburgh and Finmonth, 21st November and 11th December 1629.
Witnesses : Eobert, John, and Alexander, sons of the said David Broun of Fynmonth,
— Reg. of Deeds, 18th December 1629.

Sasine of David Broun of Fynmonth, and Johanna M'Gill his spouse, and the
longest liver in liferent, and their children John, Alexander, George, Lilias, and
Margaret, and their heirs and assignees in fee, of an annualrent of three hundred and
ninety merks, furth of the lands of Seyfield, proceeding on a charter from Sir George
Erskine of Innerteil, knight, 2d August 1630. — Particular Reg. of Sasinesfor Fife.

On the same day there is a sasine of the said David in liferent and his daughter
Agnes, begotten betwixt him and his deceased spouse Agnes Scott, in fie, of an
annualrent of two hundred and forty merks, furth of the lands of Seyfield.

Contract between David Broun of Fynmouth and David Lundie, eldest son of
Andrew Lundie of Conlene, whereby the former assigns to the latter his sister's
reversion over the lands of Drumme. At Fynmouth, 26th February 1632. Witnesses :
Alexander Broun, son of the said David, and Mr. John Broun, schoolmaster at
Kinglassie.— Reg. of Deeds, 2d March 1632.

XL (2.) Vicarsgrange. — Precept for ratification of charter by Sir George Erskine
of Innerteil, in favour of David Broun, lawful son of David Broun of Finmonth, and
Katherine Inglis, his spouse, of the lands of the vicarage of Kinghorn, 13th November
1630.— Reg. of Privy Seal.

168 APPENDIX.

CAKTA CONFIItMATIONIS DAVIDIS BROUN ET SUE SPONSE TERKARUM
ECCLESIASTICARDM VlCAEIE DE KlNGHORNE ElSTER, ETC.

Carolus Dei gratia Magne Britaunie Francie et Hiberuie rex fideique defensor
Omuibus probis liominibus totius terre sue clericis et laicis salutem Sciatis nos, etc. . .
quandam cartain subscriptarn venditionem et dispositionern in eadem contentam, etc. . .
de mandate- nostro visam lectam inspectam et diligenter examinatani sanam integrain
non rasam non cancellatam nee in aliqua sui parte suspectam ad plenum intellexisse
sub hac forma Omnibus banc cartam visuris vel audituris Dominus Georgius Erskene
de Innerteill miles vnus senatorum supremi senatus hereditarius proprietarius terrarum
subscriptarum salutem in domino sempiternam Noveritis me pro impletione literarum
obligatoriarum per me dilectis meis Davidi Broun filio legitimo Davidis Broun de
Fynmonth et Katbarine Inglis ejus sponse confectarum de data duodecimo die mensis
Junij vltimo elapsi Necnon pro pecuniarum summis in dictis literis obligatorijs
specificatis mihi per dictum Davidem Broun iuniorem et ejus sponsam persolutis et
deliberatis in pecunia numerata de quibus teneo me bene contentum plenarie et
integre satisfactum dictumque Davidem et dictam ejus sponsam eorumque heredes
executores et assignatos pro me heredibus executoribus et assignatis meis de eisdem
quietos inde clamo et exouero tenore presentium imperpetuum Vendidisse tituloque
pure venditionis alienasse et hac presenti carta inea confirmasse Necnon tenore
presentium vendere tituloque pure venditionis alienare et hac presenti carta rnea con-
rirmare prefato Davidi Broun juniori et dicte Katharine Inglis ejus sponse eorumque
alteri diutius viventi in conjuueta infeodatione ac heredibus inter ipsos legitime pro-
creatis seu procreaudis Quibus deficientibus legitimis et propinquioribus heredibus
et assignatis dicti quibuscunque hereditarie et irredemabiliter absque vlla reuersione
redemptione seu regressu aliquali totas et integras meas terras ecclesiasticas viccarie
ecclesie de Kingorne Eister cum gleba et mansione earundem et singulis suis per-
tinentijs vt prefertur jacentes Tenendas et habendas totas et integras prefatas terras
ecclesiasticas viccarie dicte ecclesie de Kinghorne Eister cum gleba et mansione earun-
dem et singulis suis pertinentiis vt prefertur jacentes prefatis Davidi Broun juniori
et Katharine Inglis ejus spouse eorumque alteri diutius viventi in conjuncta infeoda-
tione ac eorum heredibus et assignatis antedictis a me et heredibus meis de supremo
domino nostro rege et suis successoribus meis immediatis superioribus earundem in
feudifirma seu emphiteosi et hereditate imperpetuum Per omnes rectas metas suas
antiquas et divisas prout jacent, etc. . . Reddendo jnde annuatim dicte David Broun
junior et ejus conjuux eorumque alter diutius vivens ac eorum heredes et assignati
autedicti dicto supiemo domino nostro regi et suis successoribus meis immediatis
superioribus antedictis Summarn viginti quatuor librarum monete hujus regni
Scotie ad duos anni terminos consuetos festa, viz. Penthecostes et Sancti Martini in
hyeme per equales portiones nomine feuditirme Nee non heredes dicti Davidis et
ejus conjugis duplicando dictam feudifirmariam divoriam primo anno eorum jutroitus
ad predictas terras aliaque prescripta cum suis pertinentijs prout vsus est feudifirme
tantum pro omni alio onere, etc. Et ego vero dictus dominus Georgius Erskene

APPENDIX. 169

heredes mei et assignati totas et integras prefatas terras, etc. . . contra onmes mortales
warrantizabirnus acquietabimus et iniperpetuum defendemus Insuper dilectis meis
Et vestrum cuilibet conjunctirn et divisim ballivis meis in hac parte speci-
aliter constitutis salutem vobis precipio et firmiter mando quatinus visis presentibus
jndilate statum sasinam hereditariam Nee non possessionem corporalem actualem et
realem totarum et integrarum prefatarum terrarum ecclesiasticarum viccarie dicte
ecclesie de Kinghorne Eister cum gleba et mansione earundem et singulis suis per -
tinentijs vt prefertur jacentium Memoratis Davidi Broun juniori et Katharine Inglis
ejus sponse eorumque alteri diutius viventi in conjuncta infeodatione vel eorum certis
actomatis presentium latoribus per terre et lapidis fundi earundem vt moris est tradi-
tionem secundum tenorem prescripte carte mee juste haberi faciatis tradatis deliberetis
sine dilatione Et hoc nullo modo omittatis Ad quod faciendum vobis et vestrum
cuilibet conjunctirn et divisim ballivis meis in hac parte antedictis meam plenariam
et irrevocabilem tenore presentium committo potestatem In cujus rei testimonium
huic presenti carte mee preceptum sasine in se continenti manu Magistri Alexandri
Carmichaell servi Joannis Learmonth scribe signeti regij scripte manuque mea sub-
scripte sigillum meum est appensum Apud Edinburgh tertio die mensis Julij anno
Domini millesimo sexcentesimo trigesimo Coram his testibus domino Joanne
M'Kenzie de Tarbet milite Patricio Davidsone ejus servo Georgio Walker et Patricio
Gairdner meis servis Quamquidem cartam suprascriptam venditionem et disposi-
tionem in eadem contentas cum precepto sasine juibi inserto in omnibus suis punctis
et articulis conditionibus et modis ac circumstantijs suis quibuscunque in omnibus et
per omnia forma pariter et effectu vt premissum est ratificamus approbamus Ac pro
nobis et successoribus nostris pro perpetuo confirmaruus Saluis tamen nobis et suc-
cessoribus nostris juribus et servitijs nobis et predicessoribus nostris de terris alijs-
que prescriptis ante presentem hanc nostram confirmationem debitis et consuetis, etc.
... In cujus rei testimonium huic presenti carte ncstre confirmation is magnum sigillum
nostrum apponi precepimus Apud Halyruidhous decimo tertio die mensis Novem-
bris Anno Domini millesimo sexcentesimo trigesimo et anno regni nostri sexto. — Reg.
Mag. Sig., Lib. liii. No. 31.

The attorney in the Sasine is " providus vir Joannes Inglis servus Domini
Georgii Erskene de Innerteill militis."

Sasine of said David and Katharine his wife, he being designed providus juvenis
lawful son of David Broun of Fynmonth and the heirs lawfully begotten betwixt
them, etc., in the lands of Westergrass in the parish of Kinghorn, lying between
Vicarsgrange and the sea, on the south side of the stream running eastward from the
courtgait to the sea. Eegistered 12th Jan. 1633. — Gen. Reg. Sas., vol. xxxv. fol. 248.

Discharge by John, Mr. George, and Margaret Broun, lawful children to
umquhile David Broun of Fynmonth, procreated betwixt him and Jean McGill, his
spouse, of 1250 merkis, contained in a bond by umquhile John Lundy of Conland, to
umquhile Alexander Broun, brother of the granters, dated 11th June 1642. — Register
of Deeds.

170 APPENDIX.

Contract between John, Earl of Kinghorne, Lord Lyowne and Glamis, for him-
self, and as heir of the late Patrick, Earl of Kinghorne, his father, on the one part,
and David Browne of Viccarsgrange on the other part, narrating that the late
Adam, Bishop of Orkney, Commendator of the Abbey of Holyrood, and the late Mr.
John Both well, his son, set in tack to William Sandilands of St. Mouance, and the
late Jeane Bothwell, his spouse, the teind scheaves of the Parish Kirk of King-
horne Eister, in the shire of Fife, as part of the patrimony of the said abbacy, for
the yearly payment of £100, 13s. 4d., which tack was dated at Holyrood, 10th July
1591 ; that this tack was assigned by the said William Sandilands and his spouse,
to the late Patrick, Earl of Kinghorne, and is now by the present contract assigned
by the said John, Earl of Kinghorne, to the said David Broun and his heirs. At
Edinburgh, 14th January 1643. — Reg. of Deeds, vol. 546.

Hec Inquisitio facta fuit in curia vicecomitatus de Fyiff in pretorio burgi de
Cupro coram Davide Jameson et magistro Patricio Glasfuird deputatis diet! vice-
comitatus vigesimo primo die mensis Junij anno Domini millesimo sexcentesimo
quadragesimo octavo per hos probos et fideles homines patrie subscriptos, viz. : —
Thomam Gourlaw de Kincraig, Gavinum Wemyis de Wnthank, Alexandrum Inglis de
Kingaske, Davidem Wemys de Fudie, Gilbertum Pairsone de Kynneir, Thomam
Alexander de Skeddowie, Robertum Durie de Newtoun, Thomam Olyphant de Hil-
cairnie, Joannem Leitche in Convie, Henricum Durie filium quondam Gullielmi Durie
de Vester Newtoun, Eobertum Sybbald in Skeddowie, Alexrum Lucklaw in Cupar,
Magistrum Jacobum Forrett ibidem, Davidem Lucklaw juniorem ibidem, et Gulliel-
mum Clephane ibidem, Qui jurati dicunt quod quondam David Browne de Viccaris-
grainge pater Davidis Broun nunc de Viccarisgrange latoris presentium obijt vltimo
vestitus et sasitus vt de feodo ad fidem et pacem S. D. N. Regis de totis et integris
terris ecclesiasticis viccarie ecclesie de Kinghorne Eister cum gleba et mansione
earundem et singulis suis pertinentjs jacentibus in parochia de Kinghorne et infra
vicecomitatum de Fyiff Et quod dictus David Browne presentium lator est legiti-
mus et propinquior heres eiusdem quondam Davidis Broune sui patris de totis et
integris dictis terris ecclesiasticis viccarie ecclesie de Kinghorne Eister cum gleba et
mansione earundem et singulis suis pertinentijs jacentibus vt prefertur Et quod
est legitime etatis Et quod dicte terre ecclesiastice viccarie ecclesie de Kinghorne
Eister cum gleba mansione et pertinentijs antedictis tenentur in capite de S. D. N.
Rege et sue serenitatis successoribus et legitimis superioribus earundem in feudifirma
et hereditate pro annua solutione summe viginti quatuor librarum monete huius
regni Scotie ad duos anni terminos consuetos festa viz. Pentecostes et Sancti
Martini in hieine per equales portiones nomine feudifirme vnacum duplicatione
dicte feudifirme primo anno introitus heredis ad predictas terras aliaque predicta
cum suis pertinentijs prout vsus est feudifirme tantum pro omni alio onere. Et
quod eedem dicte terre ecclesiastice viccarie ecclesie de Kinghorne Eister cum gleba
et mansione et pertinentijs antedictis tantum valent nunc per annum quantum valu-
erunt tempore pacis Et quod dicte terre ecclesiastice viccarie ecclesie de Kinghorne

APPENDIX. 171

Eister cum gleba ruansione et pertinentijs antedictis sunt sicuti fuerunt in manibus
quondam Catharine Inglis domine vitalis redditus seu conjuncte infeodatricis earun-
dem per ipsam de S. D. N. Regi immediate tente a deeessu dicti quondam Davidis
Browne sui mariti qui obijt in mense Maij anno Domini millesimo sexcentesimo
quadragesimo tertio vsque ad mensem Martij vltimo elapsi Et debinc in manibus
dicti S. D. N. Eegis superioris antedicti ratione nonintroitus in defectu dicti
Davidis Browne tanquam veri heredis jus suum hucvsque minime prosequentis In
quorum fidem testimonium sigilla quorundam eorum qui dicte inquisitioni intererant
vnacum sigillo officii vicecomitatus antedicti et inclusione brevis regij clauso anno
die et mense prescriptis presentibus sunt appensa Sic subscribitur J. LitilJohnne
notarius publicus ac clericus vicecomitatus de Fyiff. — Reg. of Retours, vol. xix. fol. 296.

25 June 1648. — The Testament Testamentar, and Inventarie of the guidis geare
and debtis of wmquhill Catharen Inglis, relict of wmquhill Dawid Browne of Viccars-
graiuge, within the parochine of Kinghorne and shirefdome of Fyff, the tyme of hir
deceiss, quha deceissit in the moneth of Mairch 1648 yeiris, ffaithfullie maid and
gewin up be hir awine mouth speikaud, upon the 1st of Mairch 1648 yeiris, —

In the first, etc., viz., twa borsses by hir sonnes airschipe, pryce of them baith
lx lib. Item, ane stott, pryce xxiiij lib. Item, thrie ky, pryce of the peice, xxiiij lib;
inde, lxxij lib. Item, ane quey, pryce viij lib. Item, standing in the barne yaird,
twa rickis of beare, estimat to xxiiij bollis, pryce of the boll, corne and fodder, vij
lib. ; inde, iclxviij lib. Item, ane rick of aittis, estimat to xij bollis, pryce of the boll,
corne and fodder, vj lib. xiij s. 4d. ; inde, lxxx lib. Item, ane rick of qubyt, estimat
to vj bollis, pryce of the boll, x lib. ; inde, lx lib. Item, twa rickis of peis, estimat to
x bollis, pryce of the boll, corne, and fodder, vj lib. ; inde, lx lib. Item, lyand in the
barne, xv bollis aittis, pryce of the boll, vj lib. ; inde, lxxxx lib. Item, sawine upon
the ground vj bollis peis, estimat to the fourt corne, extending to xxiiij bollis peis,
pryce of the boll, corne and fodder, iiij lib. ; inde, lxxxxvj lib. Item, in wtenceilis
and domiceilis, with the abulyiementis of hir bodie, estimat to xx lib.

Summa of the Inventarie, .... vijclxxxxviij lib.
Ma debtis awand to the dead.

Debtis awand be Mr, gewin up be hirself.
Item, to Christian Dawidsone of fie, viij lib. Item, to Matthew Hirdman,
vj lib. ; to Jonat Elisone, xiij lib. ; to Marg* Duncane, v lib. ; to Jon Gib, xij lib. ;
to Wm Mitcbelsone, xij lib. x s. ; to Marg* Heagie, iij lib.

Summa of the saidis debtis, ..... lix lib.

Summa of the Me geare, debtis deducit, . . . vijcxxxix lib.

Quhairof thair is na devisione.

Followis the nominatione and legacie.
The quhilk day the said Catharen Inglis, being lying seik in bodie bot heall in
mynd and spirit, and of a good and perfyt memorie, maid hir latter will and testa-

172 APPENDIX.

ment as followes : — Item, shoe leawes in legacie to Johnne and Christiane Brownes,
hir bairnes, equallie betwixt them, hir severall guidis and geare abowe specifeit, and
makis and constitutis them hir onlie executoris and intrometteris with her haill
guidis and geare, and nominatis Eobert Browne of Fynmonth and Jon Browne, his
brother, tutoris and owersearis to hir said bairnes. In witnes quhairof, the said
Catharen Inglis gave command to me, notar publict, undersubscryveand, to subscryve
for hir, becaus schoe was not able to wreit in respect of hir seiknes, day, yeire, and
place foirsaidis, befoir thir witnesses, Jon Inglis, hir faither; Dawid Browne, hir
eldest soune ; and Androw Symsone, sserwitour to me, notar publict : Sic subscribitur,
ita est Thomas Allane, notarius publicus, de speciale mandato dicte Catharene
Inglis scribere nescientis ut asseruit in respectu egeretudinis requisitus. Johnne
Inglis, witnes ; Dawid Browne, witnes ; Androw Sympsone, witnes.

This present inventarie and testament beforwrettine, togedder with the execu-
teris tharin constitut, is confirmat upoun the xxviij day of Junii 1648 yeires. The
said Dawid Browne of Viccaris Grainge, in name of the executoris, being minoris,
maid faith, etc., and protestit, and Johnne Inglis, in Kirkcaldie, is becwme
cautiouner. The said David constitut to relet him, etc. — Commissariot of St. Andrews,
vol. x.

Sasine of David Broun of Vicarsgrange, as son and heir of the deceased David
Broun of Vicarsgrange, etc. Registered 22d July 1648.

This Inquisitioun was done in ane Sherefcourt of the Shirefdome of Fyiffe
holdin within the Tolbuith of the burgh of Cupar, before Mr. David Weyms of Bal-
farge, Shirefe of Fyiffe, the tuentie nyne day of May jmvjc fiftie fyve yeares, be
vertew of ane dispensatioun grantit for that effect by thir guid and faithfull men of
the natioun vnderwritten, to wit, Sr David Auchinmontie of that Ilk, knight, David
Mackgill of Rankillour Nether, David Weyms of Fudie, David Broun of Fynmonth,
Thomas Alexander of Skadowie, Bobert Barclay of Cullernie, George Moncreife of
Beidie, James Mackgill, appeirand of Bankeillor Nether, Johne Moncreife of Croce-
hills, Andrew Lundie of Cairn, Thomas Alexander, appearand of Skaddowie, Bobert
Weyms, brother to the said David Weyms of Fudie, William Thomson of Newtoun,
James Pitcarne, sone to the laird of Innernethie, David Walker of Daftmylne ;
whilkis being sworne, declares that the deceist David Broun of Viccarisgrainge,
brother to Johne Broun, now of Viccarisgrainge, beirer heirof, died last vest and
seasit as of fie in peace, in all and haill the kirklandis of the vicarage of King-
horne Easter, with the glybe and mansioun therof and haill pertinentis lyand
within the parochin of Kinghorne and Shirefdome of Fyiff ; and that the said Johne
Broun, now of Viccarisgrainge, is narrest and laufull aire to the said deceast David
Broun of Vicarisgraiuge, his brother, of all and haill the said kirkland of the vicaradge
of Kinghorne Eister, with the glybe and mansioun therof and haill pertinentis for-
saidis lyand as said is ; and that he is of laufull age ; and that the said kirklandis of
the said vicaradge of Kinghorne Eister, with the glybe, mansioun, and haill per-

APPENDIX. 173

tinentis forsaidis were lioldin of before of the late deceist and late kings, and now
off Oliver, Lord Protector of the Comonwealth of England, Scotland, and Irland, and
dominions therof, in place of the said late king, superior of the samene, in few ferae
and heritage, for yearly payment of the sowme of tuentie foure pundis money of this
natioun, at tua termes in the yeare, Witsonday and Mertimes in winter, he equall
portiouns, in name of few ferme, with the duplication of the said few ferme the first
yeare of the entrie of the aire or aires to the saidis landis, as vse is of few ferme,
allenerlie for all maner of dewtie ; and that the samene landis of the said vicarage
of Kinghorne Eister, with the glybe, mansion, and pertinents therof, lyand as said is,
are now worth be yeare the few ferme dewtie forsaid and als mutch in tyme of peace
and are lykways they have bene in the handis of the said Oliver, Lord Protector of
the Comonwealth of England, superior therof in place of the said late king, coutin-
wally since the deceis of the said vmquhill David Broun of Vicarisgrainge, his
brother, wha deceist in the moneth of Aprill jmvic fiftie one yeares, extending to
the space of foure yeares imediatlie last bypast or therhy, in default of him as
richteous aire not persewing Ms right heirto. In faith and trewth of the whilkis the
seales of the maist part of the forsaidis persones of inqueist with the said breife
inclosit are heirto appendit and Sub* by James LitleJohne, Shirefe clerk of the said
sherefdome, day, yeare, and moneth abovwritten. Sub1 thus, J. LitleJohne, notar
publict and Sherefe clerk of Fyiffe. — Reg. of Relours, vol. xxii., fol. 102.

Ane seasing in favouris of Jon Broune after designed, registrat in the forsaid
register the place befoir written upon the 14th day of November 1655 yeiris, in
manner as followis, —

In the name of God, Amen : Be it known to all men be this present publict
instrument, that upon the tenth day of November jmvj° fyftie five yearis, in
presence of me, notary publict, and witnesses after specifiet, compeired personallie
James Dennestoune, shereff depute of the Shrefdome of Eyff, quha past with Jon
Broune, brother and air servit and retourit to the deceast David Broune of Vicarisgrange,
and thair the said James Dennestoune, haveing and holding in bis handis ane pre-
cept of seasing direct furth of the Chancellarie to the Sheriff of Fyff and his deputy
to the effect underwritten, quhilk precept the forsaid Sheriff Depute gave to me,
notar publict undersubscriband, to be read be me to the witnesses then present, of the
quhilk precept of seasing the tennor follows : — Oliver, Lord Protector of the Comone
Wealth of England and Ireland and the dominiones thereto belonging, to the Sheriff
of Fyff and his Deputis greeting : Forsamikell as by ane inquirie maid by you at
our comand and retoured to our chancellarie, it is maid known that the deceast
David Broune of Vicarsgrainge, brother to Jon Broune, now of Vicarsgrainge, bearer
heirof, dyed vest and seasit as of fie in peace, in all and haill the kirklands of
Vicarsgrainge of Kingorne Eister, with the gleib and mansione house and haill per-
tinents thairof, lyand within the parochine of Kingorne and your shirefdorne, and
that the said Jon Broune, now of Vicarsgrainge, is neirest and lawfull air to the
deceast David Broune of Vicarsgrainge, his brother, of all and haill the said kirk-

174 APPENDIX.

lands of Vicarsgrainge of Kingorne Eister, with the gleib, mansione, and all otheris
pertinentis of the samyne lyand as said is [we command and charge, therefore, that
on seeing these presents, ye forthwith give to the said John Broun, heritable
seizin of the saids kirklands, etc.], without delay, saveing everie man's just right
as accordis of the law, and having securitie of jcviijlb usual Scots money for the
few price of the saidis kirklands of Vicarsgrainge of Kingorne foresaid, with the
gleib, mansione, and of all otheris pertinentis thairof lyand as said is, being in our
handis in place of the said lait king be the space of ffour yearis and ane third or
thereby last bypast, seasing not being recovered, which few ferme extendis yerelie to
tuentie ffour poundis money foresaid, and of fourtie eight poundis money for dupli-
catione of the few fermes thairof now dew to us in place of the said lait king, and
this on nawayes ye leave ondone, and thir presents efter the third we will shall be
null. Gevin at Edinburgh the 15 day of November 1655 yeris, subscribed thus, J.
Ichasone. Efter the public reiding of the said precept of seasing befoir witnesses,
the said James Dennestoune, Scheriff deput forsaid, be wertew thairof and his office
in that pairt, gave and delivered heretable stait and seasing corporale and reall, off
all and haill the saidis Kirklandis of Vicarsgrainge of Kingorne foresaid with the
gleib and mansione thairof, and haill pertinentis of the samen foresaid lyand as said
is, to the said John Broune, as brother and air to the said deceast David Broune. —
Particular Reg. Sas. Fife.

Sasine of John Broune, father brother to Johne Broune of Viccarsgrange, pro-
ceeding on a letter of disposition and alienation made and granted by the said Johne
Broune of Viccarsgrange to and in favor of the said Johne Broune his uncle, his
aires, etc., off all and haill the kirklandis of Viccarsgrange of Kinghorne, etc., and all
right the said John hes therto, reserving allwayes to him his lyferent of the saidis
lands and fermes dureing all the dayes of his lyfetime, etc. Registered, 23 November
1663.

8 August 1671. — Decreet at the instance of Jonat Miller, relict of John Morris,
merchant burgess of Kirkaldie, against John Broun of Vicarsgrange, for payment of
1000 merks due by him to her. — Acts and Decreets.

Hsec Inquisitio facta fuit in curia vicecomitatus de Fyfe tenta in pretorio burgi
de Cupro decimo tertio die mensis Martij anno Domini millesimo sexcentesimo
nonogesimo quarto coram Patricio Bruce de Bunzwne vicecomite deputato nobilis
comitissse Margaretae Cornitissa? de Rothes et Hadingtone vicecomitisse principalis
vicecomitatus de Fyfe per hos probos et fideles patrie viros subscriptos viz. :
Andream Glasfoord scribam in Cupro, Josephum Knox ballivum dicti burgi, magis-
trurn Jacobum Spence scribam ibidem, Robertum Gardiner mercatorem ibidem,
Gulielmum Durie burgensem ibidem, Andream Bayrs burgensem de Cupro, Davidem
Black scribam ibidem, Jacobum Oliphant scribam ibidem, Davidem Millar scribam
ibidem, Gulielmum Mortimer scribam ibidem, Jacobum Blair burgensem dicti burgi,

APPENDIX. 175

Thomam Mortoun tenentem in Waltoun, Georgium Durie tenentem ibidem, Alexan-
drum Hendersone in Wester Ballingall, et Alexandrum Norie mercatorem in dicto
burgo de Cupro Qui jurati dicunt quod quondam Joannes Broun de Viccars
Grainge pater Margarete Katharine et Christiane Brouns latricium presentium obijt
vltimo vestitus et sasitus ut de feodo ad fidem et pacem quondam S. D. N. Caroli
Secundi Dei gratia Magne Britannie Francie et Hibernie llegis beate memorie de
totis et integris terris ecclesiasticis viccarie ecclesie de Kinghorne Eister cum gleba
et mansione earundem et singulis suis pertinentijs Jacentibus in parocliia de King-
horne et infra vicecomitatum de Fyf ; et quod dicte Margareta Katharina et Christiana
Brouns latrices presentium sunt legitime et propinquiores heredes portionarie ejus-
dem dicti quondam Joannis Broun suarum patris de totis et integris dictis terris
ecclesiasticis viccarie ecclesie de Kinghorne Eister cum gleba et mansione earundem
et singulis pertinentijs jacentibus ut prefertur ; et quod sunt legitime etatis ; et quod
predicte terre ecclesiastice viccarie ecclesie de Kinghorne Eister cum gleba mansione
et pertinentijs antedictis tenentur in capite de S. D. N. Eege et Begina et suorum
successoribus immediatis et legitimis superioribus earundem in feudifirrna et here-
ditate pro annua solutione summe viginti quatuor librarum monete hujus regni
Scotie ad duos anui terminos consuetos festa, viz. Peutecostes et Sancti Martini in
hienie per equales portiones nomine feudilirme una cum duplicatione dicte feudifirme
primo anno introitus heredis aut heredum ad predictas terras aliaque predicta cum
pertinentijs prout usus est feudifirme tantum pro omni alio onere etc. Et quod
eedem dicte terre ecclesiastice viccarie ecclesie de Kinghorne Eister cum gleba man-
sione et pertinentijs antedictis valent nunc per annum feudifirmam suprascriptam et
tantum valueruut tempore pacis Et quod dicte terre ecclesiastice viccarie ecclesie de
Kinghorne Eister cum gleba mansione et pertinentijs antedictis sunt sicuti fuerunt
in mauibus dicti quondam S. D. N. Begis et nunc in manibus dictorum S. D. N.
Regis et regine a decessu quondam predicti Ioannis Broun earum patris qui decessit
decimo quinto die ruensis Kovembris anno Domini millesimo sexcentesimo septua-
gesimo octavo Ac ita remanserunt per spatium quindecim annorum et quatuor men-
sium vltimo elapsorum aut eo circa ratione non introitus in defectu dictarum
Margarete Katharine Christiane Brouns verarum heredum jura sua hucusque minime
prosequendum In quorum fidem et testimonium sigilla quorundam eorum qui dicte
inquisitioni intereraut una cum sigillo officij dicti vicecomitatus et inclusione brevis
regie clauso anno die et mense prescriptis presentibus sunt appensa sic subscribitur.
Jo. Bayne, clericus. — Register of Retours, vol. xliii. fol. 454.

XII. 12 June 1641. — Betour of the special service of Eobert Broun, now of Fyn-
month, as lawful and nearest heir of the deceased David Broun of Fynmonth, his
father, to an annualrent of £100 Scots furth of the mains and barony of Durie, in
the shire of Fife, in which his said father died last vest and seized ; holding in chief
of Sir Alexander Gibson of Durie, Knight, in fee and heritage and free blench : the
said annualrent having been in the hands of the said superior since the decease of
the said David Broun, which took place in October 1639. — Register of Retours,
vol. xxi. foL 180.

176 APPENDIX.

XIII. Tins inquisitioun was maid in ane Scherefcourt of the Scherefdome of
Fyiffe, holdin within the Tolbuith of the burgh of Cupar, before Mr David Weymes of
Balfarge, Sherefe of Fyiff, the fourteine day of Februar jmvje fiftie foure yeares be
thir guid and faithfull men of the natioun vnderwritten, to wit, Sr Johne Aitoun, of
that Ilk, knight ; William Pitcarne of that Ilk, Sr David Sibbald of Eankeillor, knight
barronit, Sr Jon Lelie of JSTewtoun, knight, Eobert Patersone of Dynmure, David
Mackgill of Nether Eankeillour, David Weymes of Fudie, Gawin Weymes of
Vnthank, David Balfoure of Sandfurd, Alexr Inglis of Kingask, Jo11 Oliphant, por-
tioner of Carpow, Stevine Patersone, brother to the laird of Dynmure, David Lundie
of Drummes, Lawrence Oliphant of Condie, Johne Orok, brother to the laird of
Orok; wha being sworne declares that the deceast Eobert Broun of Finmonth, father
to David Broun, now of Finmouth, beirer heirof, died last vest and seasit as of fie in
peace, in all and haill the west halfe of all and sindrie the landis of Finmonth,
with houssis, Diggings, yardis, tofts, croft, outsetts, annexis, connexis, pasturages,
cottages, and haill pertinentis therof lyand within the regalitie of Dumferling,
parochin of Kingask and Sherefdome of Fyiffe ; and that the said David Broun is
narrest and laufull aire to the said deceast Eobert Broun of Finmonth his father, off
all and haill the said west halfe of all and sindrie the saidis landis of Finmonth, with
houssis, biggings, yardis, tofts, crofts, outsets, annexis, connexis, pasturages, cottages,
and haill pertinentis therof lyand as said is, and that he is of lawful age ; and that
the said west halfe of all and sindrie the saidis landis of Finmonth, with the per-
tinentis forsaidis, wes holden of before of the late deceist King Charles, therefter of
the late king, and now of Oliver, Lord Protector of the Commonwealth of Ingland,
Scotland, and Irland, and dominions therof, in place of the said late king, in few
ferme and heritage, ffor yearlie payment of the sowme of tuelfe merks, as the iust
and equall halfe of the sowme of tuentie foure merkis as the haill few dewtie of the
saidis landis of Finmonth vsit and wont, at tuo termes in the yeare Witsonday and
Mertimes in winter, be equall portiouns, togither with the double of the said sowme
of tuelfe merkis of few ferine forsaid at the entrie of the aire or aires to the saidis
halfe landis, with the observatioun and fulfilling of all vtheris claussis, conditiouns
and restrictiouns conteined in the said deceast Eobert Broun his chartoris and infeft-
ments of the said halfe landis ; and that the samene west halfe of all and sindrie
the saidis landis of Finmonth are now worth be yeare alsmeikell as the samene were
worth in tyme of peace ; and is lyk as it lies bene in the handis of the said Comon-
wealth of England continuawly since the deceas of the said vmquhile Eobert Broun
of Finmonth, father to the said David Broun, now of Finmonth, wha deceast in the
moneth of December jmvje fiftie one yeares, extending to the space of tua yeares and
one moneth last bypast or therby, in default of the said David Broun, now of Fin-
month, as righteous aire not persewing his richt heirto. In faith and treuth of the
quhilk the severall seales of the maist part of the fornamet persones of inqueist
with the breife inclosit are heirto appendit and Sub* be James LitleJohne, Sherefe
clerk of the said Sherefdome of Fyiffe, day, yeare, and moneth abovewritten Sub'
thus, J. LitleJohne, notar publict and Sheref clerk of Fyiffe. — Register of Retours,
vol. xxiv. fol. 131.

APPENDIX. 177

This inquisition was made in ane Sheref Court of the Sherefdome of Fyiff,
holden vvithin the Tolbuith of Cupar, before Mr. David Wemys of Balfarge, Sherefe of
Fyiff, the fourtene day of Februar, Jmvic fiftie foure yeares, be thir guid and faithfull
men of this natioim vnderwritten, to wit, Sr Johne Aitoun of that Ilk, knight; William
Pitcame of that Ilk; Sr David Sibbald of Eankillor, knight baronit ; Sr Johne
Leslie of Newtoun, knyght ; Bo* Patersone of Dinmure, David Mackgill of Nether Ean-
killor, David Weymes of Fudie, Gawin Weyms of Vnthank, David Balfoure of Sand-
furd, Alexr Inglis of Kingask, Johne Oliphant, portioner, of Carpow ; Stephane
Patersone, brother to the said Eo* Patersone of Dynmure ; David Lundie of
Drummes, Lawrence Oliphant of Condie, Johne Orrok, brother to the laird of Orrok ;
wha being sworn, declares that the deceast David Broun of Finmonth, guidsir
to David Broun, now of Finmonth, bearer heirof, died last vest and seasit as of fie
in peace, in all and haill the eist half of all and sindrie the landis of Findmonth,
with the maner place therof, tofts, crofts, outsets, annexes, connexes, pasturages,
partis, pendicles, and pertinentis therof, lyand within the parochin of Kinglassie,
regalitie of Dunfermling, and sherefdome of Fyiffe ; and siclike in all and haill, the
toune and landis callit Eoyallie, lyand on the south syde of the water of Levin, with the
haill parts, pendicles, and pertinents therof lyand within the baronie of Kirknes and
Sherefdome of Fyiff, boundit as follows : — Beginand at the water of Levin and therfra
southwardis, ane strype that runs betwixt the Wilsibertoun and the Eoyallie to the
march of Gaitmilk called the Blaidflet, and west therfra as the strip runs to the march
of Finmonth, and therfra west as the strype runes betuixt Finmonth and Eoyallie
to the eist end of the vttermos of Auchmoore, and north therfra as the march stane
gangs doun the west syde of the Eoyallie know till ane syik, and eist as the syik
gangs till the Cadjargat, and north as the samene runes in Levin : and that the
said David Broun is narrest and laufull aire to the said deceast David Broun of
Finmonth, his guidsir, of all and haill the said eist halfe of all and sindrie the said
landis of Finmonth, with the maner place, yardis, tofts, crofts, outsets, annexis, con-
nexis, pasturages, partis, pendicles, and haill pertinentis therof, lyand as said is ; and
also, of all and haill, the toune and landis callit Eoyallie, lyand on the south syde
of the said water of Levin, with the haill parts and pendicles therof, lyand within the
baronie of Kirknes, and boundit as aforsaid ; and that he is of laufull age ; and
that the said eist halfe of all and sindrie the saidis landis of Finmonth, with the
maner place, tofts, crofts, annexis, connexis, outsets, pasturages, partis, pendicles,
and pertinentis, lyand as said is, was holden of before of George, Comendator of the
monestrie of Durnferling, therefter of the late deceast king, therefter of the late king,
and now of Oliver, Lord Protector of the Comonwealth of Ingland, Scotland, and
Irland, and dominions therof, in place of the said late kings, in cheife, in few fernie
and heritage, for yearlie payment of the sowme of twelfe merkis vsuall money of this
natioun, as the equal! halfe of tuentie-foure merkis money forsaid, as the haill few
dewtie of the saidis landis of Finmonth vsit and wont, at tuo termes in the yeare,
Witsonday and Mertimes, be equall portiouns, in name of few ferme, togither with
the double of the said tuelfe merkis, at the en trie of the aire or aires of the said eist

178 APPENDIX.

halfe of the saidis laudis of Finmonth, with the observatioun and fulfilling of all
vthers claussis, conditiouns, and restrictioun conteined in the said vmquhill David
Broun of Finmonth, guidschir to the said David Broun, now of Finmonth, his char-
toris of the forsaidis landis, conforme to the tennor of the samene : And that all and
sindrie, the said toune and landis callit Royallie, lyand on the said south syde of the
said water of Levin, with all and sindrie partis and pendicles thairof, boundit as
said is, were holden of before of the pryoris of Sanct [Serf], within Lochlevin,
and principall master of Saint Leonard's Colledge in Saint Andros, and of the
remanent masters, regents, and vther memberis of the said colledge ; therefter of the
late deceast kings, therefter of the late king, and now of the said Oliver, Lord Pro-
tector of the Comounwealth of Ingland, Scotland, and Irland, and dominions therof,
superior therof in place of the said late king, in few ferme and heritage, ffor yearlie
payment of the sowme of tuentie shiling, vsuall money of this realme, at tua ternies in
the yeare, Witsonday and Mertimes in winter, be equall portiouns, with ariadge and
cariage pro rata vsit and wont, with the doubling of the said few dewtie the first
yeare of the entrie of the aire or aires to the saidis landis, with the observatioun and
fulfilling of the vtheris claussis, conditiouns, and restrictiouns conteined in the said
deceast David Broun of Finmonth, his chartoris of the forsaidis landis ; and that the
forsaid halfe landis of Finmonth and halfe landis of Royallie, are now worth be yeare
alsmeikle as the samene were worth in tyme of peace, and are, lykas they have bene,
in the handis of the said late deceist King Charles, and in the handis of the said
late king and Comonwealth of Ingland, respective, continwaly since the decease of the
said vmquhill David Broun of Finmonth, guidsir to the said David Broun, now
of Finmonth, wha deceist in the moneth of October Jmvic threttie nyne yeares,
extending to the space of fourteine yeares and thrie moneths last by past, or therby,
in default of the said David Broun, now of Finmonth, as righteous aire, not per-
sewing his right heirto. In faith and treuth of the whilkis the severall seales of the
maist part of the fornamed persones of inqueist, with the breife enclosit, are heirto
appendit and sub* be James LitleJohne, Sheref-clerk of the said Sherefdome of
Fyffe. day, yeare, and moneth abovewritten. Sub* thus : J. LitleJohne, notar
publict, and Sheref-clerk of Fyiffe. — Register of Retours, vol. xxiv. fol. 132.

1st August 1654. Tutela, xxi. 336.

This Inquisition wes done in ane Shreff-court of the Sherifdome of Fyffe, holden
within the Tolbuith of the burghe of Cupar, befor Mr. Dauid Weymes of Balfarge,
Shereff of Fyffe, the first day of August jmjvjc fiftie four yeirs, be dispensatione
anent the tyme of vacance be thir good and faithfull men of this nation underwritten,
too witt, James MckGill of Nether Rankeilour; Gawine Weymes of Unthank; David
Weymes of Fudie ; David Beattoune, fiar of Bondoie ; Mr. John Weymes, brother to
the Laird of Fingask ; George Orme, portioner of Newbarne ; William Schaw of
Lethangie ; Andro Lundie of Carie ; Mr. David Methven of Craigtoun ; Alexander

APPENDIX. 179

Luiklow, burgess of Cupar; Andrew Greg, thair; Johne Geddie, wryter, thair ;
William Clephane, thair ; James Luiklow, thair ; and Eichard Mylne in Balmedie :
quha being sworne, declair that David Broune of Finruonth is neirest agnett, that is
to say, neirest of kine on the father syde to Jon Broune, lawful sone to the deceast
Sir Jon Broune of Fordell, knight, and that he is ane provident manager of his own
affairs, and able to advert to the due administratione of other men's affaires ; and that
he is past the age of twentie fyve yeris compleit, and that the said David Broune is
not neirest to succeed to the said Jon. Broune in caise of his decease, in respect
Antonia Broune, his sister, will succeid to him in cais of his deceis : In faith and treuth
of the quhilkis the severall sealls of the maist part of the forsaids persones of
inquest with the said breiff inclosit are here appendit, and subscrywit be James
Litilljon, Shereff-clerk of the said Sherffdome, day, yeir, place, and month above wryttin.
Subset, thus — John Littiljohne, notter publict and Shrff-clerk off Fyffe.

15th January 1668. — Bond by Patrick Wemyss of Gladnie, and John Broun
in Linktoun of Abbotshall, his uncle, to Mr. George Mackenzie, advocate, for 1000
merks, Edinburgh, 25th November 1665 ; witnesses, David Broun of Finmouth, and
Andrew Lundie his brother-in-law. — Commissariot of St. Andrcivs, Deeds.

22d October 1669. — Action by Margaret Sharp, relict of John Gourlay, apothe-
cary in Elie, against Mr. George Broun at Balbirnie, David Broun of Finmonth, Gilbert
Broun in Kinglassie, and others, for debts due to her late husband. — Ibid.

At Edinburgh, 3d August 1697. — Ratification and discharge, David Broun of
Phynmonth to Adam Gardine of Greenhill, of ane process of apprysing of the lands
of Eylla and pertinents, dated 7th and 14th June last : " Be it kend till all men be
their present letters, Mr. David Broun of Phinmonth, fforasmeikle as I be my band and
obligation subscryved be me of the date the tuentie day of January 1652, for the
causes therein specifiet, band and obleidged me, my airs, and executours, etc., to have
contented and payed to Christian Broun, lawful sister to John Broun of Viccarsgrange,
her airs, etc., all and haill the soume of ffour thousand merks Scots money as princi-
pal!, three score of pounds money forsaid, as for the aunualrent thereof." Christian
and John Bruce of Wester Abden, her spouse, through a court of apprising, 4th June
1658, " obtained all and haill my lands of Phinmonth, the lands of Eeidwells, and the
lands of Eylla, with all and sundrie their manor places ... all were duly and lawfully
apprysed from me, the said David Broun," etc. The principal sum and expenses
amounted to 4580 merks ; Christian Broun and her said spouse transferred their right,
31st January 1658, to James Melville, merchant burgess of Edinburgh; Melville, on
3d November 1664, sold his right to Mary Davidson, relict of the deceased James
Broun, surgeon, burgess of Edinburgh ; the said Mary disponed the whole to Adame
Gardine of Greenhill, chirurgion, burgess of Edinburgh, who obtained a charter of the
lands of Eylla 14th February 1673 : the said David Broun ratifies and approves of the
said process in as far as concerns the lands of Eylla allenarly.

180 APPENDIX.

XIV. Haec Inquisitio facta fuit in pretorio burgi deDumfermline decimo quarto
die ruensis Decembris anno Domini millesimo septingentesimo quinto coram honorabili
viro Gulielmo Black balivo deputato regalitatis de Dunfermling virtute brevis a can-
cellaria S. D. N. Eeginae balivo dictae regalitatis et deputatis suis ad effectum sub-
scriptum directe per hos probos et fideles patriae viros subscriptos viz* Hieronimum
Cowie decanum Gildae de Dumfermline, Jacobum Wellvvood in Northferry, Alex-
andrum Calum in Woodmilne, Henricum Orrock mercatorem in Dumfermline
Joannem Thomsone fabrum lignarium ibid., Gulielmum Hattone fabrum lignarium
ibid., Joannem Rutherfoord de Navity, Joannem Jamisone in Dumfermline,
Eobertum Stirling fabrum lignarium in Pittencreiff, Joannem Barrowman in New-
milne, Jacobum M'Beath in Dumfermline, Jacobum Pringle mercatorem burgensem
ibid., Davidum Meldrum mercatorem burgensem ibid., Joannem Black tenentem in
Coldenbeath, et Alexandrum Smith incolam in Dumfermling Qui jurati dicunt
magno Sacramento interveniente quod quondam David Brown de Phinmonth
patruus Georgii Brown filii legitimi natu maximi quondam Magistri Jacobi Brown
ministri verbi Dei apud East Calder latoris presentium obiit vestitus et sasitus ut de
feodo ad fidem et pacem S. D. N. Annae Eeginae, in tota et integra orientali dirni-
dietate totarum et integrarum terrarum de Phinmonth cum manerei loco ejusdem
toftis croftis outsettis aunexis connexis pasturagiis cottagiis et universis partibus et
pendiculis et pertinentiis ejusmodi necnon in tota et integra occidentali dimidietate
totarum et integrarum predictarum terrarum de Phinmonth cum domibus edificiis
hortis toftis croftis outsettis annexis connexis pasturagiis cottagiis et universis perti-
nentiis ejusmodi jacentibus infra parochiam de Kinglassie regalitatem de Dumferm-
line et vicecomitatum de Fife Et quod dictus Georgius Brown est legitimus et pro-
pinquior haeres dicti quondam Davidis Brown ejus patrui cum beneficio inventarij
secundum actum parliamenti nuper eatenus confectum Et quod est legitimae
aetatis Et quod predictae terrae cum pertinentiis suprascriptis valent nunc per
annum feudifirmae divoriae subscripts Et tantum valuerunt tempore pacis Et quod
predictae orientales et occidentales dimidietates dictarum terrarum de Pbinmount cum
pertinentiis earundem supraspecificatis tenentur in capite de S. D. N. Eegina tanquam
Domina Dominii de regalitatis de Dumfermling ejusque majestatis successoribus
immediatis legitimis superioribus ejusmodi in feudifirma feodo et hereditate in per-
petuum pro annua solutione illis feudiferme divoriarum subscriptarum viz. pro dicta
orientali dimidietati predictarum terrarum cum pertinentiis summa duodecim mere-
arum monetae Scotiae et pro dicta occidentali dimidietate predictarum terrarum cum
pertinentiis similis summa duodecim mercarum monetae predictae extendentes in
integrum ad summani quatuor et triginti mercarum nomine feudifirmae una cum dupli-
catione dicte feudifirmae ad introitum cujuslibet heredis seu heredum in et ad
predictas terras cum pertinentiis prescriptis, et observando et implendo omnes alias
clausas conditiones et restrictiones in originalibus cartis et infeofamentis dictarum
terrarum contentas Et quod dictae orientalis et occidentalis dimidietates predictarum
terrarum de Phinmount sunt sicuti nunc fuerunt in manibus S. D. N. Eeginae ratione
non introitus conlinuo a deeessu quondam Davidis Broun patrui dicti Georgii Broun

APPENDIX. 181

qui obiit vigesimo septimo die Augusti anno Domini millesimo septingentesimo secundo
Et sic per spatium trium annorum et trium mensuum aut eo circa in defectu dicti
Georgii Broun jus ejus hucusque minime prosequentis Et quod dicta orientalis dimi-
dietas dictarum terrarum de Phinmonth cum pertinentiis est sicuti quibusdam preter-
itis annis possessa et divoriae ejusdem levatae fuerunt per Gulielmum Kelso de
Daukeith ejusque authores tanquam appreciatores predictarum integrarum terrarum
In cujus rei testimonium sigilli quorundam eorum qui dicte inquisitioni intererant sub
inclusione sigilli dicti ballivi deputati necnon sub subscriptione Roberti Walker
notarii publici ac clerici deputati dicte regalitatis (brevi regio incluso) presentibus
sunt appensa sub anno die mense locoque prescriptis. — Reg. of Retours, 14th
December 1705.

Disposition by William Kelso of Dankeith, writer to the signet, with consent of
Francis Dunlop of that Ilk, heir served and retoured to his deceased brother, John
Dunlop of that Ilk, and the said Francis Dunlop, with consent of the said William
Kelso, narrating that in a contract between the deceased John Dunlop and William
Brugh in Kirkcaldy, also deceased, dated 13th August 1694, registered in the Books
of Council and Session 1st August 1695, Dunlop, as heritable proprietor of the lands
of Finmonth, with the teinds and pertinents, agreed to sell to Brugh, at a rental of
three chalders victual and one hundred merks per chalder, and five hundred merks
rent yearly for stock and teind, the lands of Beidwalls, to be disponed in warrandice.
William Brugh, by disposition dated 17th March 1699, registered in the Books of
Council and Session 23d June following, constituted his eldest son, David Brugh of
Finmonth, his cessioner of the sums paid to Dunlop. Controversies having arisen
between them, the case was submitted, on 2d March last, to Mr. Robert Alexander of
Blackhouse, advocate, and Mr. Duncan Forbes, advocate, who, by decreet arbitral of
21st June, decerned and ordained that Kelso and Dunlop should ratify, dispone, etc.,
to Brugh the said lands of Finmonth called Easter Finmonth, Brugh to pay £1439,
16s. Scots, in addition to 10,000 merks formerly paid by William Brugh to John
Dunlop, being the full price of the lands ; this being paid, and mutual discharges
granted, Easter Finmonth is disponed, and the contract ratified 28th July 1715.

XIV. Trust-Disposition by David Brown, merchant in Edinburgh, and Margaret
Eussell, his spouse, narrates that by their contract of marriage, dated 1727,

certain subjects and sums of money are provided to her in liferent in case she survive
her said husband, and to the children procreate of the marriage in fee ; but in case
of her entering into a second marriage while children existed of the first, then her
liferent annuity is restricted to 600 merks yearly ; that the whole household furni-
ture, etc., which should pertain to the said David Brown at the time of his death, is
assigned to his said spouse ; that there are existing the following children of the
marriage — Jean, John, David, Robert, George, and Andrew Browns; that it is
reasonable to prevent any disputes that might occur after the death of the said
David Brown between his widow and children : he therefore dispones to the said

182 APPENDIX.

Margaret a free liferent annuity of £44 sterling, but to be restricted to 600 nierks if
she marry a second husband, a shop in Paterson's Court disponed to her by her
grandmother, Margaret Russell, and all his household furniture ; the said Margaret
accepts this in full of all she can ask or claim in virtue of the said contract of
marriage ; under the above reservations, etc., the said David Brown dispones to the
said Margaret Russell, Mr. James Brown, minister of the Gospel at Melrose, Bailie
Andrew Wardrope, merchant in Edinburgh, Mr. Joseph Williamson, advocate, John
Todd, ship carpenter in Leith, Walter Gibson, surgeon there, Robert Cleugh, merchant
in Edinburgh, and John Fraser, writer there, as trustees, his houses, shops, etc., in
Edinburgh, large house and ground, etc., adjoining at Bruntsfield Links, reserving his
own liferent and full power to alter the disposition ; power is given to the trustees to
sell, to divide equally among his children, and to give to his eldest son £100 sterling
more than his equal share ; mentions that his daughter Jean was spouse of John
Fraser, writer in Edinburgh, and that he had given a bond to them for £200 as her
tocher, etc. Dated at his house at Bruntsfield Links, commonly called Golf Hall, 3d
July 1749, recorded in the Burgh Court Books of the city of Edinburgh 16th
November 1751.

Trust-Disposition and Settlement of John Fraser, Writer to the Signet, 7th May
1788, narrates that by his contract of marriage, dated 30th October 1744, with Jean
Brown, daughter of the now deceased David Brown, merchant in Edinburgh, he
became bound to settle £500, including her tocher of £200, upon self and said spouse
and the longest liver, in conjunct fee and liferent for her liferent use allenarly and
upon the children of the marriage in fee ; and to provide half of the conquest to be
acquired during the marriage in the same way, the other half being provided to him
and his heirs and assignees ; that he had power to divide the above sums as he
should think proper among the children ; that he had provided to his wife in life-
rent, and his deceased eldest son John in fee, a dwelling-house in Milne's Court,
purchased from Bailie Charles Hope, merchant in Edinburgh, 1750; dispones in
trust to said spouse, Mr. Simeon Fraser, merchant in London, his brother-germau,
Mr. David Johnston, minister of the Gospel in North Leith ; Mr. James Beveridge,
writer in Edinburgh ; and Mr. John Hepburn, accountant in the Excise Office, Edin-
burgh, his whole estate, heritable and movable, except the liferent of said house ;
his household goods, plate, china, etc., including heirship movables, which he con-
veys to his wife in case she survives him, and her heirs and assignees, in absolute
property; two shops in the Lawnmarket, which had been disponed to his wife in
liferent and their daughter Margaret in fee ; the fee of the Milne's Court house had
been disponed to his daughters Jean and Anna, The trustees are to pay his widow
£120 yearly for life, to be restricted to £60 should she marry, residue to be divided
in four equal portions among his children Margaret, Jean, spouse of Mr Robert
Walker, minister of the Gospel in Canongate ; Ann, spouse of John Rae, dentist and
surgeon in Edinburgh, and Simon Fraser ; but as Simon is unfit for the management
of his own affairs, provision is made that the trustees provide for his aliment, cloth-

C R O K A T.

*^*

Argent, a Cheveron between two Mullets azure and a
Crescent gules.

(Illuminated MS. in the Lyon Office, of the reign of Queen Mary.)

SCOTtiFESCUSOU EDINBURGH

APPENDIX. 183

ing, etc., he not to have any right to dispose of the capital, unless he should recover.
Mrs. Walker had received £500 tocher; and Mrs. Rae £200, 18s., which sums are to
be deducted from their shares, etc. etc. By a codicil, 28th February 1704, he added
William Keith, accountant in Edinburgh, to the number of trustees. — Eegistered in
Books of Council and Session, 21st August 1795.

XV. Letter, dated Edinburgh, 28th November 1774, from Bailie John Bkown,
to his wife's cousin, Thomas Brown, Esq. of Johnstonbum.

(Original in the possession of Archibald Brown of Johnstonbum, Esq.)

Dear Sir, — I received your friendly letter, and thank you most sincerely for the
consent contained in it. My nephew, Mr. John Fraser, merchant in Gothenburg, who
has carried on an extensive and advantageous trade at that place for several years
past, is presently here, and intends to settle here ; at the same time to continue busi-
ness in partnership with Mr. Scott, who is to reside at Gothenburg.

I manage the whole money matters for that house, which is very extensive, and
as I am more naturally connected with them by being often large sums in advance
(at the same time the connection is very beneficial to me), makes me wish that Mr.
Fraser's security and relieff with me may be agreeable to you.

I wish it may be convenient for you to be soon in toun. A very slight survey
of my books will verify the ample transactions which pass between us ; at the same
time, if you desire it, I know Mr. Joseph Williamson, advocate, will join in the
relief, or I can give you heritable security on subjects in toun or at Brun.tsfield Links,
independent of the houses at Water of Leith ; but I hope you will think this unneces-
sary, as the annual ballance due by me on the last year's acco* was only £135, and
the former year not so much, and in no year extending to £200, although security is
found for four.

Pray inform me if you have any view of being in toun this week, as my son
seems to insinuate.

We all join in our best wishes for Mrs. Brown and the family.

I am, particularly, dr Sir, yours sincerely,

Jo. Brown.

Thomas Broun had sold the property at the Water of Leith, alluded to in the
above letter, to the writer of it. It had belonged to Thomas Crockat of Johnstoun-
burn, and in 1765 his grandson, the said Thomas Broun, and John Broun, on the
conclusion of the transfer, grant a joint discharge to James Balfour, writer in Edin-
burgh, factor on the estate of Thomas Crokat, of his intromissions.

The family of Crokat bore for arms, according to an illuminated MS. in the Lyon
Office, compiled in the reign of Queen Mary, argent, a cheveron azure between two

184 APPENDIX.

mullets of the second in chief, and a crescent gules in base. They were originally-
seated in Dumfriesshire. Andrew Crokat was, in 1384, one of the chaplains of Sir
James Douglas of Dalkeith and Morton, and was named by him one of his executors,
1390 ; he was rector of Kilbucho and Corry. In 1585, John Crokat in Erneamery,
in the parish of Crossmichael, appears in the list of persons who had intercommuned
with the Earl of Morton. At a later period persons of the name held the lands of
Culphad and Clouden. In Edinburgh the name occurs frequently as that of mer-
chants of position who were magistrates of the city. Charles Crokat was a bailie,
1724, 1728, 1731, 1734 ; William Crokat held the same office, 1732, 1736.

James Crokat, a merchant burgess in Edinburgh, and a bailie in 1712, married,
21st August 1684, Janet Murdoch, and had —

1. Thomas Crokat of Johnstounburn, in East Lothian, merchant burgess of

Edinburgh, bailie in 1728, 1731, 1735,1738, and Dean of Guild, 1740,
1741. He married, first, a lady named Ewen; secondly (contract dated
11th November 1724), Violet, daughter of Patrick Sheills, writer in
Edinburgh, and Violet Young, his wife ; thirdly, Mary Cave. In April
1764 he executed a mortification of a sum of 10,000 merks to Trinity
Hospital, Edinburgh, to be devoted, after the decease of himself and his
spouse, Mary Cave, to the support of old men and women ; his own
nearest of kin to be preferred, and after them persons of the surname
of Crokat, Ewen, Shields, Cave, Brown, Murdoch, Ker, and Young. His
only child, Elizabeth Crokat, married (contract, 2 2d August 1733)
Andrew Brown of Braid, near Edinburgh, and had one son — Thomas
Broun of Braid and Johnstounburn, who married Agnes, daughter of
John Hamilton of Grange, in West Lothian, and Jean Stuart, his wife,
daughter of Lord Blairhall, younger brother of the first Earl of Bute.
Their son, Captain Andrew Broun of Johnstounburn, B.N"., married
Helen, daughter and heir of Thomas Campbell, brewer in Edinburgh,
and had — Thomas Hamilton Broun of Johnstounburn, d.s.p. 1830 ; and
Archibald Broun of Johnstounburn, advocate, Principal Clerk of Session,
and Deputy-Lieutenant of the county of Haddington who is married,
and has issue.

2. James Croket, merchant in Edinburgh, and a bailie.

3. Patrick Crokat, merchant in Edinburgh.

1. Elizabeth Crokat, married Thomas Young, brewer in Edinburgh.

2. Jean Crokat married, first, William Wilson, Writer to the Signet ; second, in

1727, Mr. George Arbuthnot, Rector of the High School of Edinburgh,
and afterwards a merchant there.

3. Janet Crokat, married, 1721, James Watson, merchant in Edinburgh and a

bailie, admitted a burgess, 1714. Had issue —

William Watson, a Bussia merchant, died unmarried.
Margaret Watson, married, 10th December 1751, John Brown of
Golf Hall, merchant burgess of Edinburgh, and a magistrate.

BROUN OF JOHNSTOUNBURN

(County Haddington, formerly of Braid and
Gorgie Milne, County Edinburgh.)

Azure, a Fess Vair between three Fleurs-de-lis argent.
{Lyon Register, 24//Z Noiember 1674.)

scon l rtRCUSUIl EDItlOURG

APPENDIX. 185

21 March 1780. — Haec inquisitio facta fait in Curia Balivatus burgi de Edin-
burgo tenta in nova Sessionis Domo dicti burgi coram honorabili viro Archibaldo
McDowall uno balivorum dicti burgi vigesimo primo die Martij millesimo septin-
gentesimo et octogesimo per hos probos et fideles homines patriae viz* Eobertum
Gray scribam in Edinburgo cancellarium, Joannem Watson, Jacobum Reach, Carolum
Leslie, Gulielmum Eichardson, Antonium Woodhead, Joannem Hamilton, Joannem
Eiston, Samuelem Watson, Gulielmum Walker, Eobertum Boyd, Jacobum Bae, Guliel-
mum Sprott, Edwardum Young et Jacobum Shaw, omnes scribas in Edinburgo : Qui
jnrati dicunt magno sacramento interveniente quod quondam David Brown locum
tenens in nostra classe frater germanus Joannis Brown mercatoris in Edinburgo
latoris praeseDtium obijt ad fidem et pacem nostram ; et quod dictus Joannes Brown
est unicus frater germanus nunc in vita et legitimus et propinquior heres dicti quon-
dam Davidis Brown sui fratris ; et est legitimae aetatis. In cujus rei Testimonium
sigilla eorum qui dictae inquisitioni intererant cum brevi regio debite executo incluso
sub communi sigillo dicti burgi in signum executionis officij dicti balivi praesentibus
sunt appensa loco die mense et anno prrescriptis Extractum de libris Actorum Curie
dicti Burgi per me sic subscribitur James Tait Dep*. — Register of Retours, vol. lxxxiv.
fol. 154.

Trust-Disposition and Settlement of Thomas Brown, formerly of St. Petersburg ,
merchant, now residing in Edinburgh, lawful son of the deceased John Brown, mer-
chant in Edinburgh. He dispones to Walter Gibson C'assels, manager for the
National Bank of Scotland at Leith ; John Christison, advocate ; John Eiddle
Stodart, Writer to the Signet ; and Eobert Christison, Professor of Medical Juris-
prudence, all in Edinburgh, his house in Edinburgh, and all his property, the income
to be paid to his brother James and sister Mary, during their lives, the fee to the
children of his brother David and his wife Hannah Cassels, and the children of his
sister Henrietta, deceased wife of Alexander M'Brair, merchant in Glasgow. — At
Edinburgh, 21st February 1827. There are codicils of various dates leaving an
annuity to his sister-in-law, Mrs. David Brown, bequests to Dr. Alexander Tweedie
and his family, Dr. Eobert Christison and his family, his nephews Andrew Cassels
Brown and David Brown, John Eiddle Stodart and his family, William Anderson
and his family, John Christison, advocate, old servants, and others. Eecorded in the
Commissary Court Books of Edinburgh, 18th October 1851. Probate granted in
the Prerogative Court of Canterbury, 14th November following. The deceased died
on or about 19th September 1851.

Inventory of £800 Stock of the Friendly Insurance Company, belonging to Miss
Mary Brown, residing in Gayfield Square, Edinburgh, and sold by her in
1844.

1. Certificate of said stock in favour of Margaret Eussel, relict of David Brown,
merchant in Edinburgh, dated 10th January 1761.

2 A

186 APPENDIX.

2. Extract Disposition, said Margaret Eussel to John Brown, her eldest son, dated

11th April 1775, and registered in the Burgh Court books, 10th June 1786.

3. Extract Disposition and Settlement, said John Brown to trustees, dated 1st March

1776, and registered in the Burgh Court books, 14th June 1780.

4. General Eetour of the service of David Brown, eldest son of said John Brown, as

heir to his father, 28th December 1784.

5. Extract Disposition by said David Brown to himself and others as trustees of his

father, dated 25th October ; and recorded in the Sheriff Court books of Edin-
burgh, 9th December 1788.

6. Discharge and Eatification by said David Brown and others to said trustees, and

disposition to Misses Jean and Mary Brown, 1804.

7. Extract Disposition and Settlement said Jean and Mary Brown to the longest

liver, dated 23d February 1825 ; and recorded in the Books of Council and
Session, 11th January 1827.

Inventory of the Title-Deeds of House in Wardrope's Court, Edinburgh,
Sold by Miss Mary Brown, 1844, to Misses Donaldson.

1. Disposition by John Henderson, wright in Edinburgh, in favour of Jean
Morton, relict of John Eussel, merchant in Edinburgh, dated 30th January 1722.

2. Extract Eegistered Disposition granted by John Eussel, merchant in Edin-
burgh, the son of the said Jean Morton, who acquired right thereto from her by dis-
position recorded in Town Court Books of Edinburgh, 1st January 1735, in favoirr
of David Brown, merchant in Edinburgh, dated 1st, and recorded in said Court books
2d January 1735.

3. Instrument of Sasine following thereon in favour of said David Brown, dated
and recorded 2d January 1735.

4. Certificate of Policy of Insurance of said subjects in favour of Margaret
Eussel, relict of David Brown, merchant in Edinburgh, 10th January 1761.

5. Extract Disposition, Mrs. Margaret Eussel, relict of said David Brown, in
favour of John Brown, her eldest son, dated 11th April 1775, and registered in the
Burgh Court Books, 10th June 1786.

6. Extract Disposition of said David Brown, as No. 5 of previous inventory.

7. Instrument of Sasine following thereon, dated 30th September, and recorded
7th October 1791.

APPENDIX. 187

The original inventory is signed at Lauriston, 2 J February 1802, by David
Brown, merchant in Edinburgh.

In 1801 the trustees of said John Brown conveyed the house to his daughters
Jean and Mary.

A memorial, 1841, for a charter of novodamus in favour of Miss Mary Brown,
mentions that she was grand- daughter of David Brown who had sasine in 1735, and
that no sasine of later date had been taken.

Trust-Disposition and Settlement of Miss Jean and Miss Mary Brown, residing
in Gayfield Place, Edinburgh, daughters of the deceased Mr. John Brown, merchant
in Edinburgh. They convey all their property to the survivor, in case she shall not
dispose of her means by will ; then they name Mr. Thomas Brown, their youngest
surviving brother ; Mr. Walter Marshall, jeweller in Edinburgh ; and Mr. John Gray,
solicitor-at-law, trustees and executors, to pay the whole free income arising from the
estate to their brothers James and Thomas, equally between them, and to the survivor
solely for life, after their deaths the whole to be divided " equally among the lawful
children procreated of the marriage between our deceased brother, David Brown,
Esquire, of Greenknow, and Hannah Cassels, daughter of the deceased Andrew
Cassels, Esquire of Cassels Place," and the children of their deceased sister Henri-
etta Brown and her husband, Mr. Alexander M'Brair, merchant in Glasgow. — At
Edinburgh, 23d February 1825; registered in the Books of Council and Session,
11th January 1827.

XVI. Andrew Cassells, shipmaster in Leith, and Ann Gibson, spouse, a daughter
named Hannah, born 17th, baptized 18th March 1772. Witnesses : Mr. David
Johnston, minister of the Gospel in North Leith, celebrator, and Mr. Walter
Gibson, surgeon in South Leith, and grandfather to the child. — Register of the Parish
of South Leith.

Haec Inquisitio facta fuit in Curia Balivatus burgi de Edinburgo tenta in nova
Sessionis Domo dicti burgi coram honorabili viro Gulielmo Galloway uno balivorum
dicti burgi vigesimo octavo die mensis Decembris anno Domini millesimo septingen-
tesimo et octogesimo quarto per hos probos et fideles patrie homines subscriptos vizt.
Samuelem Watson Solicitatorem apud legem in Edinburgo, cancellarium, Bobertum
Brown scribam signeto regio, Robertum Cameron scribam in Edinburgo, Joannem
Mason scribam ibidem, Jacobum Dalgleish scribam ibidem, Jacobum Steel scribam
ibidem, Joannem Sutherland nuncium ibidem, Jacobum Graham nuncium ibidem,
Gulielmum McKenzie scribam ibidem, Joannem Ormiston scribam ibidem, Carolum
Ilhind scribam ibidem, Georgium Watson scribam ibidem, Hugonem Drummond
scribam ibidem, Jacobum Brown mercatorem ibidem, et Gulielmum Darling typo-

APPENDIX.

graphum ibidem : Qui jurati dicunt magno sacramento interveniente quod quondam
Joannes Brown mercator in Edinburgh pater Davidis Brown, mercatoris in Saint
Petersburg, in Eussia, sui filij natu maximi latoris praesentium obijt ad fidem et
pacem S. D. 1ST. Regis, et quod dictus David Brown est legitimus et propinquior
haeres dicti quondam Joannis Brown sui patris et quod est legitimae aetatis. In cujus
rei testimonium sigilla quorundam eorum qui dictae inquisitioni intererant una cum
brevi capellae regiae debite executo incluso sub communi sigillo in signum execu-
tionis officij dicti balivi praesentibus sunt appensa loco die mense et anno praescriptis.
Extractum de libris Actorum Curie dicti Burgi per me Sic subscribitur Jno. Dundas.
— Register of Retours, vol. lxxxv. fol. 425.

1792, July 26.— David Brown, late merchant in St. Petersburg, made burgess
and guild brother of the city of Edinburgh, in right of his father John Brown,
merchant burgess and guild brother.

Original ticket in possession of the family.

Contract of Marriage between David Brown, late merchant in St Petersburg,
now residing at Lauriston, near Edinburgh, and Hannah, daughter of Andrew
Cassels, merchant in Leith, with consent of her said father, at Leith, 20th June 1791.
Witnesses : the Eeverend Doctor William Dalgleish, minister of the Gospel at
Peebles ; Mr. James Brown, merchant in Edinburgh, brother of the said David ; and
John Fraser, Writer to the Signet. The following persons are named to act under
the said contract for the wife's interest, — the said Andrew Cassels, Walter Gibson of
Muirside, surgeon in Leith, her grandfather, James Cassels, Esquire of Flask, near
Linlithgow, brother consanguinean of the said Andrew Cassels ; James Cassels, eldest
son of the said Andrew Cassels, now surgeon in Lancaster ; and Andrew Cassels,
eldest son of the said Andrew Cassels of his present marriage.

Original in possession of the family.

Confirmation by the Commissary of Edinburgh, 21st May 1859, of Andrew
Cassels Brown, her son, Mary Brown, her daughter, and John Biddle Stodart, Writer
to the Signet, her son-in-law, as executors nominated by the late Mrs. Hannah
Cassels or Brown, of No. 7 Brandon Street, Edinburgh, widow of the late David
Brown, merchant in St. Petersburg, who died 7th March 1859, in her trust-disposition
and settlement dated 20th May 1857, and recorded in the Commissary Court Books,
13th May 1859.

DRUMMOND OF PITKELLONY.

(County Perth.)

Or, three Bars wavy, and in chief a Boar's Head erased gules.
{Lyon Register, 1672-1678.)

<.^01Ta f(RCU30W EDINBURGH

APPENDIX. 18(J

From the Register of the Parish of Melrose.

XV. 1748, May 13. Booked for marriage, Mr. James Brown, our minister,
and Mrs. Helen Drummond, in the parish of Carriden.

Baptisms of Children of Mr. James Brown, minister, and Helen Drummond,

his spouse.

1749, April 9. John.

1750, April 22. Catherine.

1751, September 29. Elizabeth.

1753, February 11. Helen.

1754, May 12. Mary.

1755, October 25. Booked in order to marriage, Mr. James Brown and Mrs.
May Tod, in the parish of St. Cuthbert's.

Baptisms of children of Mr. James Brown, minister, and May Tod, spouse.

1756, October 3. Janet.

1757, October 9. Margaret.

1758, August 27. Eobert and James.
1761, May 24. John.

1766, July 13. Thomas.

Drummond of Pitkellony.

(In the Parish of Muthill, County Perth).

i. Sir Maurice Drummond of Concraig, uncle of Annabella Drummond, Queen
Consort of Piobert in., 1390-1401, and of Malcolm Drummond, Earl of Marr, 1388-
1403.

ii. Sir Maurice Drummond of Concraig married Marion, daughter of Sir Eobert
Erskine, Great Chamberlain of Scotland, 1350.

iii. Malcolm Drummond of Pitkellony, second son.

190 APPENDIX.

iv. Duncan Drumniond of Pitkellony married Agnes Reidheugh, daughter of
the laird of Cultobraggan, county Perth.

v. Maurice Drumrnoiid of Pitkellony, 1496-1512, was one of the Drummonds
accused of burning above twenty persons in the church of Monzievaird ; married
Janet, daughter of Strageath of that Ilk, county Perth.

vi. John Drummond of Pitkellony married Janet, daughter of Thomas, son
of Chisholm of Croinlix, county Perth.

vii. John Drummond of Pitkellony, 1542, married Elizabeth, daughter of
David Drummond (younger son of Thomas of Drummondernock), and Margaret
Inglis, lady of Colquhalzie, county Perth, his wife.

viii. John Drummond of Pitkellony, 1587, married Elizabeth, daughter of
Comrie of that Ilk, county Perth.

ix. James Drummond of Pitkellony, married Marjory, daughter of Mungo
Graham of Orchill and Rathernis, county Perth, younger son of William, second
Earl of Montrose, and Janet, daughter of William, Earl Marischal.

x. Captain John Drummond of Pitkellony was killed in Ireland, 1644, when
besieging the rebels in Charlemont Fort; married Jean, daughter of Lawrence
Oliphant of Gask ; and Lilias, daughter of Patrick Graham of Inchbrakie, both in
Perthshire.

xi. John Drummond of Pitkellony recorded his arms 1672, died 1712, married,
first (contract 10th February 1649) Catherine, daughter of Sir John Colquhoun,
of Luss, county Dumbarton, Bart., by Magdalene, daughter and heir of Sir Gideon
Baillie of Lochend, in East Lothian, Bart., by Magdalene, daughter and co-heir of
David, Lord Carnegie, eldest son of the Earl of Southesk ; secondly, Jean, relict of
John Eollo of Powhouse, daughter of Andrew, Lord Rollo, by whom he had no issue.
This great-grandson, Robert, fourteenth laird of Pitkellony, Captain in 44th Regiment
of Foot, sold the estate, and died without issue 1788.

xii. Captain Lawrence Drummond, second son, resided at Midhope, county
Linlithgow, married Katherine, daughter of Alexander Swinton of Mersington, county
Berwick, a Senator of the College of Justice, and died 1743, having had issue — two
sons, the elder, a Major in the army, who died without issue, and three daughters,
the second of whom, Alice, married, 27th July 1750, Mr. George Ellis, minister of the
parish of Carriden, county Linlithgow, 1740-95, and died 21st April 1790, having had
one daughter, Katherine Ellis, who died unmarried. The third daughter, Helen,
born 20th January 1721, married, in May 1748, Mr. James Brown, one of the
ministers of Edinburgh, and died in 1754.

APPENDIX. 191

Tod of Kirklands.

This family originally came from Musselburgh, of which "honest town"
Thomas Tod was clerk in the early part of the seventeenth century, and left a son
of the same name, who held the same office, and was dead in 1691, when his son,
Thomas Tod in St. Martin's, was served heir to him.

Oliver Tod of the same family, shipmaster in Leith, was dead in 1721, leaving
three children —

Oliver, merchant in Edinburgh, living 1743.
Agnes, living unmarried, 1743.
• Margaret, married Patrick Babtie, son of Patrick Baptie, shipmaster in Leith,
and died a widow without issue, before 13th February 1738.

William Tod, bailie of Musselburgh, died 3d December 1675, aged 46, and is
interred at Inveresk, with a monument to his memory, having a figure of Justice
with an appropriate inscription. His three sons — Thomas, Oliver, and Archibald —
were all dead without issue before 14th August 1749, when their cousin —

Robert Tod, merchant in Edinburgh, was served heir-general to them. He
married the only child of Charles Gray, merchant in Edinburgh, and by her had
three sons and six daughters, who were all served co-heirs of provision-general of
their maternal grandfather, 20th April 1749.

1. Charles Tod of Wholeflatt, Riddoch, in the parish of Polmont, county Stir-

ling, married Jean, daughter and co-heir of Alexander Scott, merchant
in Edinburgh, and died without issue, 12th March 1770.

2. John Tod of Kirklands, county Roxburgh, and of Wholeflatt, merchant

in Edinburgh, died without issue 15th April 1798.

3. Thomas Tod, merchant in Edinburgh, died without issue before 27th

July 1796, when his brother John of Kirklands was served heir to
him.

1. Elizabeth Tod, ^

2. Helen Tod, > died without issue before 1804.

3. Margaret Tod, j

5. Janet Tod, died unmarried before 14th May 1804.

5. Robina Tod, the last survivor of the family, died unmarried 19th July

1811.

6. Marion Tod, married, 13th November 1755, Mr. James Brown, minister

of the parish of Melrose, and died 3d November 1786, leaving, with
other issue, Robert Brown of Kirklands, Writer to his Majesty's Signet,
who was, with his aunt, Miss Robina Tod, served heir portioner general
of her sister Janet in 1804 ; he sold Kirklands.

192 APPENDIX.

SOIIEEVILLE OF AlKHOUSE.

(Iii the Parish of Channelkirk, County Berwick.)

i. Somerville.

had issue —

1. George.

2. James was an elder of the parish of Channelkirk, but not attending the

meetings of the Kirk-session, was desired to do so, whereupon he
demitted in 1731.

3. John, portioner of Dalkeith, and merchant there, married Alison Cleg-

horn, to whom, June 26, 1776, her three daughters were served heirs
portion ers general, viz. : —

Margaret, widow of William Balleny, tenant of Bellslaw, near Dalkeith.

Alison, widow of William Taylor, merchant in Dalkeith.

Anne, wife of William Vint, merchant and brewer in Dalkeith.

Her only child Anne Vint, born in June 1758, married Thomas

Macmillan of Shorthope, county Selkirk, and is represented by

Walter Macmillan- Scott of Wauchope and Shorthope.

ii. George Somerville of Airhouse, which he acquired from James Nicolson of
Trabroun at Whitsunday 1692, married Marion Watherstoun, of the family of
Watherstoun of Nether Howden, county Berwick, and had —

1. James.

2. George, living 1714, when he is a witness to his brother's sasine. The

laird was alive in 1730, but died before 1744.

iii. James Somerville of Airhouse, in favour of whom, being then designed
tenant of Cathrae, his father resigned the estate 20th October 1714, and he and his
spouse had sasine 30th day of same month. He married, first, 1714, Margaret,
daughter of Adinston of Carcant, county Edinburgh, without issue ; secondly,

iu May, 1746, Elizabeth Allan, of the parish of Lauder, and had —

1. George.

2. William, of whom after.

iv. George Somerville of Airhouse, born 17th June 1748, was served heir-
general of his father, 20th June, 1770, married Bobina, sister and co-heir of John
Adair of Altoun or Maryport, in the parish of Kirkmaiden, county Wigtown, which
estate she and her sister, Miss Jane Adair, sold in 1788 to John M'Douall of Logan.1
Mrs. Somerville died in January 1801, having bad issue —

1 Patrick Adair, younger brother of William of Kinhilt, had a charter, 26th January 1614, of the
lauds of Altoun, which had been in possession of the family for at least 150 years ; John, last laird,
who died 23d December 17S2, was his great-great great-grandson.

APPENDIX. . 193

1. James.

2. Robert, born 3d February 1779, died in infancy.

3. Eobert, bom 19th November 1780, died s.p.

1. Elizabeth, born 21st August 1775, married Lieutenant-Colonel Archibald
Cochrane of Ashkirk, county Roxburgh, and Barbachlaw, county
Edinburgh, and died at Linkfield, 28th September 1804, leaving one
child, Robina Cochrane.

v. James Somerville of Airhouse, born 3d September 1777, married Euphemia
Paterson of the county of Perth, and died in 1835, leaving issue —

1. George.

1. Elizabeth.

2. Robina Adair, married William C. Miller, clerk to the Board of Manu-

factures, and has issue —

vi. George Adair Somerville, sold Airhouse to the Earl of Lauderdale.

iv. William Somerville, merchant in Glasgow, younger son of James of Air-
house, was born 10th March 1750, married at Glasgow, 16th June 1777, Helen,
daughter of Mr. James Brown, one of the ministers of Edinburgh, and by her, who
died in 18 , had issue —

1. James.

2. William, born 19th December 1782, died 11th January 1783.

1. Marion, born 11th January 1780, died 3d November 1785.

2. Elizabeth, born 11th April 1781, died unmarried, in Brandon Street,

Edinburgh, 1865.

v. James Somerville, born 9th April 1778, was Consul-General at Tripoli, and
afterwards Treasurer, Collector, and Magistrate of the Island of Gozo ; married, first,
at Trieste, in 1801, Maria Sparo, niece and adopted daughter of General Sparo, of
the Russian Service, Russian Consul at Trieste, and by her, who died in 1836, had —

1. Antony, died young.

2. William.

1. Helen, married Robert Hammill, Major, 18th Royal Irish Regiment, and

has issue.

2. Martha, married Luigi de Sanctis, D.D., a native of Rome, and has two

sons and a daughter.

Mr. Somerville married, secondly, in 1840, Agatha Mounale, and died in 1857,
having had by her one son —

3. James, born in 1841, in the service of the Peninsular and Oriental Ship-

ping Company at Suez.

vi. William Somerville, son and heir.

2 B

194

APPENDIX.

XVI. BEOWN AND LUNDIN.

1. Katherine Melville = John of Fordell and Finmount :

:2. (1561) Katherine, daughter of David
Boswell of Glasmont and Balmuto.

John, younger of Fordell, married, 1581,
Elizabeth, daughter of William Adam-
son of Craigcrook.

David of Finmount, married
Elizabeth Coutts.

I
Mr. Robert of Pitkenny.

John of Fordell, married, first, Catherine, sister of the first
Lord Balcarres ; secondly, in 1627, Margaret, daughter of
Mr. William Adamson of Craigcrook.

Robert of Finmount, married Lilias,
daughter of James Macgill of Ran-
keillour.

Major-Genekal Sir John
VYetherby, Rossie, etc..
elder daughter and co-heiress of Colonel
Sir James Scott of Rossie.

Fordell,
married Mary,

William of
Deuglie,
died s.p.

Captain David

of Finmount,
died s.p. 1702.

Me. James, minister of East
Calder, married, 1675, Helen
Douglas, died 1691.

John of Fordell
and Rossie,
died young.

Antonia of Rossie,
married, 1667,
Alexander Dun-
lop of that Ilk.

I
George of Fin-
mount, mar-
ried, and had
issue.

Mr. John of Abercorn, married, first, in 1700,
Margaret, daughter of Michael Henderson of
Croftmartine, s.p. to survive ; secondly, in
1704, Elizabeth, daughter of Mr. David Wil-
liamson of St. Cuthbert's.

David of Golf Hall, merchant burgess of Edinburgh.
Crescent sable on cheveron.

I
Mr. James of Newbattle.

Mr. James, Melrose, New Greyfriars, and New

North Church of Edinburgh.
I

Thomas, bordure engrailed or.

James, accountant, left issue,
bordure or.

Rev. Robert Lundin-Brown,
bordure invecked or.

LUNDIN OF AUCHTERMAIRNIE.

(County Fife.)

Paly of six argent and gules, on a bend azure, three
Cushions or, a bordure indented of the third for
difference.

(Lyon Register, 1 672-1678.)

5C0T1 I tRCUi ON EDINBURGH

APPENDIX.

195

XVI. LUNDIN AND BROWK— continued.

Mr. William Lundin of that Ilk, died in 1600.

II I II

John of that Ilk, repre- Sir James. Robert of Newhall and Auchter- Andrew, David of Newhall

sented by Baroness mairny, married, in 1598, Isa- dead and Auchter-

WilloughbydeEresby. bel, daughter of James, Master s.p. 1594. mairny, service

of Rothes, died s.p. 1603. 1603. I

I ~ ~ 1
Robert of Newhall, dead s.p. David of Auchtermairny, service 1630, married Cockburn,

1630. who died 1652.

John of Auchtermairny, died 1650, married Isabel, daughter of Law of Brunton.

John of Auchtermairny, minor James of Auchtermairny (brother ?) John of Auchtermairny, Lyon. Rerj.
1650, died unmarried, 1661. 1673, married, 1666, Agnes, daughter of George Law of Brunton.

David of Auchtermairny, advocate.

I I

James of Auchtermairny, Elizabeth,
died s.p. died s.p.

Robert.
I

Anne of Auchtermairny
died s.p.

James. Anne, married Richard
Smith.

Christopher Lundin of Auchtermairny, married Rachel
daughter of Andrew Johnston of Rennyhill.

Mrs. Maclean of Torloisk.

Mrs. Douglas Maclean Clephane

of Torloisk and Carslogie.

I I III

Richard of Auchter- Edphemia of Auchter- Elizabeth of Auchter- Marchioness of Baroness de

mairny, died s.p. mairny, died s.p. mairny, married Rev. Northampton. Normann.

1832. 1855. Robert Brown,Largo.

I I I I I I I

James, M.D., Richard, married Rev. PvObert, William, Arthur. Helen, married Emma.

died s.p. Margaret, daughter of died s.p. married, and died s.p. Rev. Thomas
Charles Maitland Christie has issue. Stothert.

of Durie, and has a daughter. died s.p.

196 APPENDIX.

M'Kerrell of Hillhouse, in the parish of Dundonald, Ayrshire : Heir-general,
James Adam Brown, C.A., Edinburgh.

Martin M'Kerrell, in Hillhouse, was proprietor of lands in Ayrshire. His son
John succeeded him, and was father of the first laird of Hillhouse.

i. William M'Kerrell of Hillhouse, born about 1560, married (1) Elizabeth,

daughter of Fullerton, by his wife Helen, daughter of Chalmers of Gadgirth,

and by her had —
1. William.

1. Agnes, married, 1612, William Eoger, burgess of Ayr.

2. Elizabeth, married, 1616, Eobert Hamilton, M.A., minister at Monkland,

eldest son of John Hamilton of Aikenhead.
The first laird married (2) Margaret Fullerton, daughter of John Fullerton of
Dreghorn, Ayrshire, the contract being dated in 1604. By her he had —

3. Jean, married, in 1627, John Shaw of Dalwyne.

4. Margaret, married, 1632, James Chalmers, merchant, burgess of Ayr.
William M'Kerrell married, (3), in 1613, Esther Fullerton, daughter of James

Fullerton, elder of that Ilk. By her he had —

2. James, who, in 1628, had charter of lands of Head mark.

5. Sarah, married, 1638, John Boss, younger of Troweir.

6. Barbara.

7. Elizabeth.

William M'Kerrell of Hillhouse died October 1629.

ii. Mr. William M'Kerrell of Hillhouse, married Jean Wallace. By her he
had —

1. William.

2. John.

3. Robert, who married Margaret, sister of Eobert Cuningharn of Auchinhervie.
1. Jean, married, 1658, Fergus MacAlexander, M.A., minister of Bar.

Mr. William M'Kerrell died September 1642.

iii. William M'Kerrell of Hillhouse, married, 1657, Euphemia, only daughter of
William Russell, M.A., minister at Kilbirnie. William M'Kerrell died in 1658, s.p.

iii.-2. John M'Kerrell of Hillhouse, brother of preceding, married, 1660, Eliza-
beth, eldest daughter of Robert Wallace, M.A., minister of Barneweill, afterwards
Bishop of the Isles. By her he had —

1. William.

2. Robert.

1. Anna, married, 1689, Lieut. Robert Nisbet.

2. Jean.

3. Elizabeth.

APPENDIX. 197

iv. William M'Kerrell of Hillhouse was served heir of his father in the family-
estate 4th August 1702, was a Commissioner of Supply for the county of Ayr 1702-
1704, and died in May 1705 ; he married, in 1688, Elizabeth, daughter of William
Fairlie of Fairlie, county Ayr, and Jane his wife (afterwards Countess of Glasgow),
daughter and heir of William Mure of Eowallane, also in Ayrshire, and had issue —

1. William.

2. John, died s. p.

1. Jean.

2. Elizabeth.

v. William M'Kerrell of Hillhouse was served heir of his father in Hillhouse
and Barassie 2d October 1705 ; married Mary Vaux, whose father, a French Protestant
refugee, was a Canon of St. Paul's Cathedral; and died in or before 1728, leaving
issue —

1. William.

2. John.

3. Eobert.

1. Elizabeth.

2. Jean, who had a sasine of an annuity 1713.

vi. William M'Kerrell of Hillhouse, died unmarried in June 1782.

vi.-2. John M'Kerrell of Hillhouse was served heir of his brother 21st January
1783, and heir-general of his uncle John 19th June following; he had been a silk
manufacturer in Paisley, and in 1759 made the first web of silk that was wrought
there. Mr. M'Kerrell executed an entail of the estate 20th October 1800. He
married Margaret, daughter of Humphrey Fulton, silk manufacturer in Paisley, sister
of William Fulton of Park, and of Eobert Fulton of Hartfield, both in the county of
Eenfrew, and died 1811, aged 79, leaving issue —

1. William.

2. John, married, in 1794, Cecilia, daughter of William Hervey, M.D., and by

her, who died in 1801, had —

(a) John M'Kerrell, married Anna, daughter of Herbert Buchanan of
Arden, county Dumbarton, and by her, who married, secondly,
James Brown, C.A., Edinburgh, had a daughter, Joanna.

(5) Alexander, married Seraphina, daughter of William Pennell, British
Consul for the Empire of Brazil, and sister of the wife of the Eight
Hon. John Wilson Croker, M.P., Secretary of the Admiralty ; he
died s. p. in 1828.

Mr. John M'Kerrell married, secondly, Helen, daughter of Archibald Stewart of
Williamwood, and niece of Eobert Morice of Craigend, Auldmuir, county Ayr, and
died in 1837, leaving by her one son —

(d) Archibald, of Auldmuir, county Ayr, to which he succeeded, as heir of

entail, through his mother, died unmarried.

198 APPENDIX.

3. Eobert married Miss Shultz, of Frankfort, and died in April 1847, leav-

ing issue — ■

(a) Eobert, married, in 1845, Emily Pauline, daughter of Major-General

William Staveley, C.B., Commander-in-Chief at Madras, and has issue
Eobert Mure, Ealph Staveley, Eeginald l'Estrange, Augustus de
Segur; Henrietta Eliza Cathcart, married, 1874, the Most Illustrious
Henry Charles Adolphus Frederick William Count Bentinck Alden-
burg and of the Holy Eoman Empire, Captain in the Coldstream
Guards, and Lieutenant-Colonel in the Army, cousin of the Duke of
Portland, and maternally descended from the sovereign family of
Waldeck, and has issue ; Georgiana Louisa Margaret, married, in
1872, Sir Claude Champion de Crespigny, fourth baronet of Cham-
pion Lodge, county Surrey ; Letitia Augusta Sarah ; Emily Charlotte
Theodoria.

(b) Margaret.

at Palermo and Frankfort-on-Maine.

4. Fulton, married, first, Elizabeth, daughter of Eobert Fulton of Hartfield,

s. p. ; secondly, Mary, daughter of James M'Call of Braehead, county
Lanark, and died in 1840, leaving —

(a) Sarah.

(b) Margaret, died unmarried.

1. Margaret, married, in 1785, Moses Craufurd of Newfield, county Ayr,

Major in the H.E.I.C.S., and had issue —

2. Mary, died 1849.

3. Elizabeth, married Colonel John Eeid, H.E.I.C.S., younger brother of

Eobert Eeid of Adamton, county Ayr, and had an only child, Elizabeth
M'Kerrell Eeid, who, in 1822, married George James Campbell of Trees-
banks, Deputy-Lieutenant of the county of Ayr, claiming to be heir-
male of the Loudoun family, and died in 1826, leaving two daughters —

(a) Elizabeth Campbell, married, in 1844, Clemens Count Einsiedel and

of the Holy Eoman Empire, grandson maternally of Henry, Prince
of Eeuss Eostritz, and has issue. On succeeding to the estate of
Adamton, she and her husband assumed the surname of Eeid.

(b) Mary Campbell, married James, younger son of Colin Campbell of

Jura and Craignish, county Argyll, and has issue.

4. Jane, married Eobert Fulton of Hartfield, Lieutenant-Colonel of the 79th

Eegiment of Foot, and had issue.

5. Marion, married James Eibble of Whitford and Greenlaw House, county

Eenfrew, without issue to survive.

6. Agnes, married, in 1798, John Edward Wright, of Bolton-on-Swale, county

York, and had issue.

M'KERRELL OF HILLHOUSE.

(County Ayr.)

Azure, on a Fess or three Lozenges gules within a
Bordure engrailed argent.

(Lyon Register.)

SCOTIS fERCUJOH EDINBURGH

APPENDIX. 199

vii. William M'Kerrell of Hillhouse, married, first, a sister of Robert Reid of
Adamton, county Ayr, without issue ; secondly, a daughter of Robert Govane,
Anderston, and had —

1. John.

2. Robert, died in India.

3. William ; died young.

4. Henry.

5. James, died in 1833.

1. Janet, died unmarried.

2. Margaret, married her cousin, Major John Craufurd, 44th Regiment,

younger son of Newfield.

3. Anne, married James Brown, President of the Society of Chartered

Accountants, Edinburgh, and died in 1833, leaving issue ; her eldest
son is heir-general of the M'Kerrell family, and entitled to quarter
the arms.

4. Mary, died unmarried.

Mr. M'Kerrell raised at Paisley the first Volunteer corps formed in Scotland,
called the Royal Paisley Volunteers, and held the rank of Lieutenant-Colonel. On
8th February 1802, he registered arms, viz., Azure, on a fess or, three lozenges gules,
a bordure engrailed argent, which are founded on a somewhat mythical tradition of
descent from the captor of Ralph Percy at Otterburn, 1388, styled Sir John M'Kirel
the name really being Maxwell. The crest is a Roman soldier on march, with the
motto, Dulcis pro patria labor.

viii. John M'Kerrell of Hillhouse, succeeded his father in 1821, held the office
of Master of the Mint at Madras, died, unmarried, in 1835, and was succeeded by
his brother.

viii.-2. Henry M'Kerrell of Hillhouse, who married Margaret Cochrane,
daughter of John Paterson, Edinburgh, but had no issue. On his death, in 1853,
the property passed to his cousin.

viii.-3. William M'Kerrell, twelfth laird of Hillhouse, born in 1800 ; he married,
in 1835, Charlotte Patullo, his cousin, eldest daughter, and eventually co-heir, of John
Edward Wright of Bolton-on- Swale, county York, representative of a family of some
antiquity, which intermarried, about 1400, with Reyther, a co-heir, whose arms they
quarter, and afterwards with Grimston, Manleverer, etc.

Family of Coutts.

This surname, variously spelt, first appears in the north of Scotland, the Char-
tulary of Moray, in 1343, noticing Richard de Cotis as a landowner.

In 1392, Donald and John de Couts were put to the horn as concerned in the
murder of Sir Walter de Ogilvy, Walter de Lichtoun, and others. The principal

200 APPENDIX.

family of the name was established in the earldom of Mar, in Aberdeenshire, by a
Crown charter, 1433, of the lands of Ochterconll, in favour of Mr. William Coutts,
his brother Alexander, their cousin John, and his brother Alexander.

In 1482 were living John Coutts elder, and John Coutts younger, of Ochter-
coull.

In 1494-97, Sir "William Coutts was vicar of Inneruochty, and had a suit with
Duncan Forbes as to the lands of Innernochty and Bellabeg.

1505. — Alexander Coutts of Ochtercoull; it was probably he who married a
daughter of Irvine of Drum.

John Coutts of Ochtercoull grants a charter, 4th January 1548, of various lands
to Margaret, his future spouse, daughter of Alexander Forbes of Towie, and the heirs-
male to be begotten betwixt them, whom failing, to his own heirs-male.

He was dead, without issue, 31st July 1553, when his brother-german, Robert
Coutts of Ochtercoull, was served heir to him in the manor and mill of Ochtercoull,
Stramoir, and other lands. Eobert married Janet, daughter of Patrick Gordon of
Fulziemont or of Craig, and had three sons —

Eobert.

William.

George.

About this time appear James, reader at Keirn, 1569; Laurence, reader at
Tullich, 1570 ; in 1549, the Bishop of Aberdeen granted a tack for nineteen years of
part of the lands of Mamewlacht to James, son of the late Eobert Coutts, burgess of
Aberdeen. In 1526, the Abbot of Arbroath presented Mr. Thomas Coutts, official of
St. Andrews in the archdeaconry of Lothian, to the vicarage of Aberkerdour.

Eobert Coutts of Ochtercoull succeeded his father, married Isobel or Elizabeth,
daughter of Alexander Forbes of Newe, and his wife, Jean Lumsden, a daughter of the
family of Cushny ; they are said to have had twenty-four children, of whom were —

Eobert.

Margaret, married John Forbes of Petflugge, and had issue.

Elizabeth, married Nichol Eoss of Auchlossen, and had issue.

, married the laird of Kinstair.

Marjory, married Patrick Gordon of Kincraigie, and had issue.

Catherine, married Eobert Carnegie of Kirktoun of Aboyne.

About 1573, Christian Coutts married Mr. James Burnett, burgess of Aberdeen,
younger son of Alexander of Leys, and had issue.

Captain Alexander Coutts came to a tragical end in the year 1570. Having been
placed in the Castle of Brechin by the Earl of Huntly, he held out for a time against
the Eegent Lennox, was taken, and hanged in August, along with Captain Mure and
thirty soldiers.

APPENDIX. 201

Eobert Coutts of Ochtercoull married Jean, daughter of John Gordon of Cairn-
borrow by a daughter of Alexander Bannerman of Watertoun, and had three sons —
Alexander.
George.

James, who went abroad as a merchant to Crosna in Poland, but afterwards
settled at Dantzic, and, on 23d July 1646, obtained a birth-brief from the
Provost and Magistrates of Aberdeen.
One of the elder sons must have been father of —

William Coutts, last laird of Ochtercoull, of which he was deprived in 1635,
and it was restored to the Earl of Mar.

William Coutts, his son, designed younger of Ochtercoull in 1633, had issue,
of whom1 Elizabeth Coutts, married first Sir Alexander Burnett of Leys, Bart.,
secondly, Sir David Eamsay of Balmaine, Bart, It is probable that Mr. Alexander
Coutts, who graduated at Aberdeen in 1670, was parson of Strickathrow 1677, married
Elizabeth Burnett, and died in 1695 in his fortieth year, leaving a family, was of the
Ochtercoull family; also Captain Coutts, 1648; Alexander Coutts in Davoch of
Cromar, who was robbed by Callam Forbes, 1636; Mr. Eobert Coutts, elder, of the
parish of Coull, 1648, a graduate of Aberdeen in 1616; and William Coutts of
Gavell in Kincardineshire, whose son and heir in 1721 was Patrick Coutts, merchant
in Fraserburgh.

The list of pollable persons in the shire of Aberdeen gives only one Coutts as
a landowner, James— portioner of Muress in the parish of Tullich, who was then
married and had a family ; some tenant farmers are to be found, and the name also
occurs among the working classes.

The well-known family of London bankers is stated to have been founded at
Montrose by a younger son of Ochtercoull, who went there towards the close of the
sixteenth century.

William Coutts, his son, was Provost of the burgh, and had a son Alexander,
also Provost. There is a monument there to William Coutts, who married Janet Ochil-
tree, and died in 1678, aged 77; and in 1667, Eobert Coutts of Montrose was a
student at King's College, Aberdeen. Alexander, the Provost, had three daughters
and six sons —

1 . William, Provost of Montrose.

2. John, Provost of Montrose, acquired the estate of Fullerton in the neigh-

bourhood of the burgh ; recorded arms in the Lyon Eegister about 1672,
argent, a stag's head erased gules, and betwixt the attires a pheon azure,
a bordure engrailed of the second ; crest, a man from the loins shooting
an arrow from a bow, all proper. He was a Commissioner of Supply
for the county, 1688, and died soon after. William Coutts of Fuller-
ton held the same position 1690-1704, and was probably his son.

1 Margaret Coutts, a woman of low birth about this time, was second wife of Alexander Irvine of
Drum, his first having been a daughter of the Marquis of Huutly, and figures in a well-known ballad as
" bonny Peggy Coutts."

2 c

202 APPENDIX.

3. Hercules, settled in London ; in 1695, Thomas Coutts, merchant in London,

was a subscriber to the Darien Scheme and to the Bank of Scotland.

4. Patrick, of whom after.

5. Eobert went to America, and died there.

6. James also went to America, and on his return was Provost of Montrose,

and acquired the estate of Halgreen in Kincardineshire, in 1724, for
£31,500 Scots. He married, first, Jane Vander-Leyden, and had a son
Hercules, who, in 1747, discharges his share of legitim to his father ;
secondly, Anne, daughter of Henry Crawfurd of Monorgan near Dundee,
and had James, who inherited Halgreen, and sold it in 1768, and a
daughter Anne, who was married to Captain Descury. She left a legacy
of £1800 to her grand-nephew, James Eobert; but in 1804, his father,
Captain Ball, after a lawsuit, got the money, contrary to the intention
of the testatrix.
James Coutts, second of Halgreen, married Marion Penny, and had — ■

Anna, baptized at Montrose on 24th February 1760. She was married in
1780 to Captain Ingram Ball of the Light Dragoons, elder brother of Sir
Alexander John Ball, Baronet, Governor of Malta, but obtained divorce
from him. Their son, James Eobert Ball, took the name of Coutts, went to
Egypt and died at sea, 1802, a few days before his aunt, Mrs. Descury.
Isobel, baptized at Montrose on 2 2d June 1761 ; married, in 1781, to Patrick

Scrymgeour of Tealing, Forfarshire.
James, baptized at Montrose on 31st December 1781, Captain James Henry
Descury, of the 3 2d Foot, being a witness.

Coutts of Eedfield.

Alexander Coutts, merchant in London, was served heir of conquest-general to
his brother John (who was Provost of Montrose), 18th March 1742. On 17th
January 1758, he purchased for £6000, from the creditors of Cockburn of Langton,
the office of Heritable Usher to the King in Scotland; and, on 15th December 1758,
registered arms, first and fourth quarters, azure, a baton in pale argent, ensigned with
the unicorn of Scotland, as a badge of his office. Second, the paternal coat of Coutts
argent, a stag's head erased gules, between the attires a pheon azure. Third, argent,
a hand issuing from the dexter, holding a bow in full bend and shooting an arrow
proper ; crest — a dexter hand holding the baton in pale proper. Motto — Quern
virga semel Candida. The shield is surrounded with a gold chain, with the badge of
the arms of Scotland pendent, and behind it are two batons of office in saltire. Mr.
Coutts, on 27th February 1759, being then designed of Eedfield, executed an entail
of the Ushership in favour of his nephews, Alexander and William Ernest ; the four
sons of the late John Coutts, Provost of Edinburgh ; James Coutts of Halgreen, and
the heirs-male of their bodies ; whom failing, to his own nearest and lawful heirs
and assignees whatsoever, all to bear the surname, arms, and designation of Coutts of

APPENDIX. 203

Eedfield, but with permission, in case of marriage with an heiress, to make such
addition to the arms as may be tit. He was dead, without issue, 2 2d August 1771.

James Coutts, brother of preceding, merchant in Dantzic, died before 1759, and
left issue —

1. Alexander, living 1759, died s. p.

2. William Ernest, died s. p.

3. Edward Gabriel, merchant in St. Mary's Hill, London, died s. p.

1. Florentina, married Gabriel Godfrey Vogt, Dantzic, and died s. p.

2. Agatha, married Captain John Taylor of Fisherrow, Musselburgh, who died

18th January 1785, aged 48, and was herself dead in 1804. Her only
child, John Taylor, died in November 1782, in his 16th year.

3. Concordia, married, first, Thomas Marshall, merchant in Dantzic ; second,

Gotlieb Gotz, Dantzic, and died in November 1804, leaving an

only child, Frederica Juliana Marshall, wife of Gotthilf B. Doebler,
Dantzic, who, on 27th May 1806, was served heir of her mother in an
annualrent from the lands of Lochrig, in Ayrshire, on 22d August 1771.
Mrs. Taylor and Mrs. Marshall had been served co-heirs of provision of
their uncle, Alexander, in the office of Usher, which they sold.

Coutts of Edinburgh and London.

Patrick Coutts, fourth son of Alexander, Provost of Montrose, was first in busi-
ness in his native place as a merchant, but removed to Edinburgh in or about 1695,
and founded the house which, at first doing business in serges, woollen stuffs, corn,
etc., developed into the banking-house long known in Scotland as Sir "William Forbes
and Company, from which branched off the house of Coutts, bankers in London, still
existing. Mr. Coutts ' married, first, Jean, widow of Eobert Campbell of Northwood-
side, Dean of Guild in Glasgow,1 daughter of James Dunlop of Garnkirk, county
Lanark, and had —

1. John.

2. James, born in January 1701, merchant in London, died in March 1742,

leaving about £20,000 to his elder brother, including the lands of Greenrig
and Swinton Quarter, county Berwick.
1. Christian, born 19th March 1698, married John Stephen, wine merchant in
Leith, who went into partnership with his nephew Coutts in 1764, retired
in 1771, and died in September 1774. They had issue, Thomas, a partner
in the London house of Coutts, Stephen, Coutts, and Company ; Patricia,
married John Blair of Balthayock, county Perth ; and another daughter
married Eobert Fall, merchant in Dunbar, whose father was M.P. for the .
burghs of Dunbar and Haddington.

1 By whom she had a daughter, Janet, who married Thomas Halliburton of Newmains, and was
great-grandmother of Sir Walter Scott.

204 APPENDIX.

Mr. Coutts married, secondly, 14th December 1702, Bachel Balfour, widow of
William Forrester, Writer to His Majesty's Signet, and had —
2. Janet, born February 1704.

He made his will 25th July 1704, and died soon after, the inventory of his
property, amounting to £2500, being given up 27th October of that year. Although
he was the first of his own branch of the family who settled in the capital of Scotland,
the name is found there at an early period and onwards : Thomas Cottis, notary public,
1483 ; John Coutis, notary public, 1531 ; Andrew Cowtis, sergeant of the regality of
Holyrood, 1583 ; James Cowts was dead in 1585, when his daughter Agnes inherited
a tenement in Edinburgh ; William Coutts was deacon of the weavers 1584 ; Thomas
Coutts, Writer to the Signet, 1621 ; and William, a merchant in that city, married
Margaret, daughter of Mr. Alexander Mitchell, minister of Lumphanan, 1067-81.

John Coutts, born 28th July 1699, was a Councillor 1730, Bailie of Edinburgh,
1731-1741, and Lord Provost, 1742-1744. His portrait, by Allan Bamsay, is in the
possession of the Baroness Burdett-Coutts, who lately presented a copy of it to the
Corporation of Edinburgh. Being left orphans at an early age, he and his brothers
were sent to their uncle's at Montrose, but the younger went to London, and John
was, in 1723, established in Edinburgh as a merchant, having as partners successively,
— ■ — Halliburton of Newniains ; Bobert Bamsay, brother of Sir Alexander of Bal-
main, from 1740 to 1744; Archibald Trotter, 1745, when the firm was altered from
John Coutts and Company to Coutts and Trotter. He married, 10th April 1730,
Jean, daughter of Sir John Steuart of Allanbank, county Berwick, Bart., who died
in November 1736, after the birth of her youngest child. Mr, Coutts renewed his
connection with the district from which his family originally came, by the purchase
of Dalhakie and other lands in Aberdeenshire. The house did a very extensive
business in corn, as commission merchants, and also dealt in bills. In 1749 Mr.
Coutts, whose health was failing, took his eldest son, Patrick, into partnership, when
the style was altered to Coutts, Son, and Trotter, and went abroad in August,
but only lived till 23d March 1750, when he expired at Nola, near Naples, leaving
issue —

1. Patrick Coutts, born 5th April 1731 ; was in business as a merchant in
Edinburgh, and afterwards in Jeffrey's Lane, St. Mary Axe, London ; first
in partnership with his brother John and Mr. Trotter. After Mr. Trotter's
connection with the business came to an end, Mr. Stephen was admitted a
partner, the firm becoming Coutts Brothers and Company. Mr. Batrick
Coutts inherited Dalhakie from his father, and, in 1761, part of the fortune
of his brother John. He travelled abroad, and was arrested at Lille as a
spy, and suffered a detention of several months. On 31st March 1761
he registered arms, being the stag's head and pheon of Coutts, within a
bordure embattled azure, charged with four buckles or, a mark of cadency
indicative of his maternal descent. The crest is that entered in 1672,
with the motto, Esse quam videri. Mr. Coutts' mental health failed soon
after, but he lived to an advanced age.

APPENDIX. 205

2. John, born 24th February 1732, went to Rotterdam in 1749, and was a

partner in the house of Robertson, Coutts, and Strachan ; but after a
few years returned to Scotland and joined his elder brother. He was a
bailie of Edinburgh 1756-60, and died unmarried at Bath, 4th August
1761. After this the house in Edinburgh, although for some time styled
John Coutts and Co., had no person of that name as a partner there. In
1766 a quarrel occurred between them and the London firm ; and in
1773 the name even disappeared, and the business was carried on as
Sir W. Forbes, J. Hunter, and Co.

3. James, born 10th March 1733, went up to London a young man, and, on 2 2d

April 1755, married Mary, daughter and heir of John Peagrim of Knights-
bridge, and Elizabeth, his wife, sister and heir of George Campbell, gold-
smith and banker in St. Martin's Lane, who took his niece's husband
into partnership as Campbell and Coutts. The business was founded in
or before 1692 by George Middleton, who took Campbell into partner-
ship, and died in 1748. Campbell then assumed as partner Mr. David
Bruce, long in the employment of the house as a clerk, and altered the
style from Middleton and Campbell to Campbell and Bruce. Bruce
died, and George Campbell for a time carried on alone under his own
name. After his death, 1760, James Coutts admitted his brother Thomas,
and the firm was Coutts and Coutts. They removed from St. Martin's
Lane to Durham Yard, in the Strand ; and the present banking house
was built in 1768, after a design by Adam. Mr. James Coutts was pro-
prietor of the estate of Greenside, was residuary legatee of his brother
John, was elected M.P. for the city of Edinburgh, 1768 ; quarrelled with
his brother Thomas, which led to a dissolution of partnership. He then
went abroad, was taken ill at Turin, and died at Gibraltar, 19th February
1778, leaving an only child —

Frances, who married, 16th September 1778, Sir John Stuart of

Allanbank, county Berwick, her cousin, and died 26th November

1809, leaving issue.

4. Thomas, born 7th September 1735, was first a partner in the London branch

of the Edinburgh house, then, as already stated, of his brother James, and
eventually became sole partner in the bank of Coutts and Coutts, which
in his time rose to the very influential position it has ever since held.
He married, first, Susan Starkie, who had been an upper servant of his
brother James, and had by her, who was for many years insane, three
daughters known as " The Three Graces " —

Susan, married, 28th February 1796, George Augustus, third Earl of

Guildford, son of Lord Worth, the Prime Minister, and died 1837.

Her only surviving child is Susan, Baroness North.

206 APPENDIX.

Frances, married, 17th September 1800, John, first Marquis of Bute,
son of John, Earl of Bute, K.G., First Lord of the Treasury, and
died 12th November 1832, leaving a son, Lord Dudley Coutts
Stuart, who married a daughter of Lucien Bonaparte, Prince of
Canino, and a daughter Frances, Countess of Harrowby.
Sophia, married, 5th August 1793, Sir Francis Burdett, M.P., fifth
Baronet of Foremark, county Derby, the well-known politician, and
died in January 1844, leaving one son, the present Sir Eobert
Burdett, Bart., and five daughters, of whom the youngest —

Angela Georgina — inherited the large fortune of the Duchess of
St. Albans, assumed by royal licence the additional surname
and arms of Coutts, and was created a Peeress as Baroness
Burdett-Coutts, 9th June 1871. Her Ladyship carries the
coat assigned in 1761 to her granduncle Patrick Coutts; but
the stag's head is erroneously represented as cabossed.
Mr. Coutts, three months after the death of his first wife, married, in 1815,
Harriet, daughter of Mr. Matthew Mellon, of the East India Company's
service, long an actress of some reputation at Drury Lane Theatre, and
died 24th February 1822, leaving most of his property, said to be
£900,000, to his widow, who married, 16th June 1827, William Aubrey,
ninth Duke of St. Albans. Her Grace died 6th August 1837, leaving her
great fortune to Miss Angela Burdett.
1. Margaret, born 21st September 1734.
5. Stewart, born 18th November 1736, died an infant.

Another family existed in London late in last century ; for on the 9th July
1789, Alexander Coutts, merchant there, was served heir-general of his cousin Jane,
daughter of David Durie, merchant in the Isle of Man.

Colt of Inveresk and Gabtsherkie.

This family, originally from Perthshire, seems to be of the same race with the
Coutts ; has identical arms, and formerly very usually adopted the spelling Coult.

John Colt, in 1483, was one of the tenants of the lands of Moneydie, then
claimed by Sir William Buthven, and Agnes Bruce, wife of David Blair of Adamton.

Thomas Colt, in 1496, owned lands near Perth. Andrew was vicar of Bedgorton,
1574-91. Blaise Colt, burgess of Perth, and Giles Fleming, his spouse, had a charter
of confirmation of a part of the lands of Leonardley, 3d March 1574.

His eldest son, Mr. Oliver Colt, advocate, was Sheriff-Depute of Edinburgh,
and sat in Parliament 1579; Oliver's sons were: — Mr. William, who was dead,
without issue, 1641, and Mr. Eobert, who was then served heir to him. Eobert was
succeeded, before April 1672, by his son of the same name.

COUTTS OF PITEUCHAR.

(County Fife.)

Argent, a Stag's Head erased gules, between the attires
a Pheon azure.

(MS. of Robert Porteus, Snowdoun Herald, A.D. 1661.)

scoria rcflGuiON Edinburgh

APPENDIX. 207

Mr. Adam, another son of Blaise, was minister of the parish of Inveresk from
1597 till his resignation in June 1641, married Elizabeth Johnstone, of the family of
Elphinstone, and had a son —

Mr. Oliver, minister of Inveresk, 1632 till his death 1679, in his eighty-second
year; he married Catherine, daughter of John Logan of Bonnyton,
merchant, burgess of Edinburgh, and had three daughters and one son —

Sir Bobert Colt, advocate, portioner of Inveresk, who registered
arms 1679.

Mr. William Colt, his son, married Elizabeth, only daughter of Alexander
Cruiks of Garturk, county Lanark, son of Major Alexander Cruiks of Garturk ; on
the death of her brother James, in 1701, Mrs. Colt succeeded to his estate, and on
her death, in December 1743, Garturk passed to her son —

Bobert Colt of Garturk, who died without issue in or before 1786, when
his personal estate was inherited by his nephew, George Waddell of Bal-
quhatston, but Garturk was settled on Bobert Colt of Auldliame, county
Haddington, advocate, son and heir, by Helen his wife, daughter of Lord
Blantyre, of Oliver Colt of Auldhame and Inveresk, younger son of Sir
Bobert. The present representative is his great-grandson, George Frederick
Bussell Colt of Gartsherrie, county Lanark.

Coutts of Grange and Pitteuchar.

The first appearance of the name in Fife is in February 1483, when Alexander
Couts was on the assize of service of James Bonar of Bossie.

Allan Cowtis in Spittell had —

1. , who probably died before his father, and left
two daughters, Mause and Euphemia, who were served heirs-portioners
of their grandfather, 15th November 1581, in an annualrent from the
lands and mill of Schethun. Euphemia had, about 1586, a tack of the
teinds of Balsusny from the Commendator of Dunfermline, and she and
her son, James Melville, had a charter of a saltpan at Kirkcaldy from
the same.

2. Allan, of whom after.

3. A daughter, married William Alexander of Menstrie, county Clackmannan,

and was grandmother of William, Earl of Stirling.

Allan Coutts, variously styled in Wester Bossyth, of Grange, and of Bowhill,
was Chamberlain of the Abbey of Dunfermline from 1552 onwards, and, by grants

208 APPENDIX.

from the abbot and commeudators, and purchase, acquired the lands of Balbougie,
Pitteuchar, Newton, North Waird, etc. He had by his first wife —

1. Captain Allan Coutts of Grange, who was served heir to him in the west

half of Pitteuchar and in Balbougie, 31st January 1G10. Captain
Allan had a son, Mr. George, who seems to have died s. p., and a daughter,
Christina, who was served heir of her grandfather, 14th May 1642, in
Grange, Baith-Coutts, etc., and also heir-general.

2. Colonel Eobert Coutts, married Christian, daughter of Sir John Boswell of

Balmuto.

1. Helen, married Richard Preston.

Allan, the Chamberlain, married, secondly, Isabella Bothwell, who survived him,
and in 1605 was spouse of Robert Winram, burgess of Dunfermline. By her he had —

3. John of Pitteuchar, who had along with his father a charter from the

Commendator of Dunfermline of the lands of Baith-Bonaley ; a charter
of confirmation from the same, 15th February 1594, of the east half of
the town and lauds of Pitteuchar ; a charter of Newlands, 21st Decem-
ber 1597. He married Jean, daughter of Eobert Bruce of Blairhall,
county Fife, niece of the first Lord Kinross, by whom he seems to have
had no issue. He was alive in 1603, and in September 1608 his widow
married William Monteith of Bandiford, county Stirling, and had issue,
who came into possession of Newlands.

2. Elizabeth Coutts, married (contract, 28th February 1587) David Brown
of Finmount, and died in August 1601, leaving issue.

Mareiage-Contract between Sir John Brown of Fordell, Knight, and
Marie Scott : dated 11th February 164S.1

At Eossie, the allevnit day off Februar, the yeir of God jmvjc ffourtie aucht
yeiris, it is appoyntit, agriet, and finallie contractit betuix the pairties following, to
wit, Sir Johne Broun of Fordell, knicht, on the ane pairt, and Sir James Scot of
Eossie, knicht, and Dame Antonia Willobie, his spous, for themselfis, and takand the
burdein upone them for Marie Scot, their eldest lauchfull dochter, and the said Marie
for hirself, with consent of hir saidis parentis, on the other pairt, in maner, forme,
and effect, as eftir followis ; that is to say, the saidis Sir Johne Broun and Marie
Scot, with consent foirsaid, faithfullie promit, and bind, and obleis them to solemnizat
and compleit the band of mariage, aither of them with otheris, in face of holie kirk,
as Godis wTord dois allow, betuix the dait heirof and the . . . but langer delay : In
contemplatioun of quhilk mariage, and before the solemnizatioun theirof, the said
Sir Johne Broun bindis and obleissis him, his airis and success[oris], to dewlie

1 This paper was not discovered in time for insertion in its proper place, at page 131 of Appendix.

APPENDIX. 209

and lawchfullie infeft and seise the said Marie Scot, his promest spous, in hir
pure virgini[tie in lifejrent during all the dayis of hir lyftyme, in all and haill
ane annualrent of twa thowsand merkis, usuall inonie of this realme of Scotland,
yeirly, to be upliftit and taine at twa termes in the yeir, Witsonday, and Mertinies
in winter, be equall portiounes, furth of all and haill the landis of Colfargie, with
houssis, biggingis, yairdis, wodis, fischeingis, pairtis, pendicles, and pertineutis thairof
quhatsumever ; the landis of Eister and Wester Caries, with houssis, biggingis, yairdis,
salmond fischeingis, ferrie boat, fisher landis, houssis, and pertinentis thairof quhat-
sumever perteining and belonging thairto ; the landis of Heltoun, the ruilue of
Fargies milne, and milne landis thairof, with houssis, biggingis, yairdis, multures and
sequel] is of the haill landis and barony of Abernethie thirlit to the said milne, useit
and wont, with all their pertinentis lyand within the parochin and barony of Aber-
nethie and scheriffdome of Perth (exceptand thairfrae the multuris and sequellis of
the landis of Carpow, Ferrefeild, Meiklefiet, Torlindie, Broddell, Ardoun, Pitrudie,
Guttoway, Pitcurrens, Over and Nether Greinside alias Pitgrunzie, and of that pairt
of the landis of Pitblea haldin of Archibald Lord Angus, with all the pairtis, pendicles,
and pertinentis lyand within the said parochin of Abernethie, quhilkis ar naewayes
thirlit to the said milne) : With this provisioun and conditioun alwayes, that if the
landis and barony of Eossie, with the teindis thairof eftermentionat, sail not be
redeimit frae the said Sir Johne Broun and his prorueist spous, thair airis and
assigneyis efterspecifeit, be vertew of the reversioun or provisioun of reversioun
underwrittin, that than and in that cace the said Marie Scot sail renunce and dis-
charge, lykas she, now as then and then as now, in the cace foirsaid, renunces and
discharges, the sowme of fyve hundreth merkes monie abonewrittin, be yeir, of the
said annualrent of twa thowsand merkes, and sail onlie have richt, in cace foirsaid,
to ane annualrent of ane thowsand pundis of the foirsaid annualrent of tua thowsand
merkes, dureing the said space of hir lyftyme, be duble infeftmentis, the ane thairof
to be haldin of the said Sir Johne Broun, his airis and successoris, in f lie blensche,
for yeirly payment to them of ane penny money foirsaid, upone the ground of any
pairt of the saidis landis, at the feist of Witsonday, in name of blensche ferine, if the
samyn beis askit allennarlie ; and the uthir of the saidis infeftmentis to be haldin
frae the said Sir Johne Broun and his foirsaidis of the said noble lord, Archbald
Lord Angus, his immediat lawchfull superior of the landis and otheris abonespecifeit,
lykwayes in frie blensche, for yeirly payment of ane penny money foirsaid, upone the
grand of any pairt of the saidis landis, at the feist of Witsonday, in name of blensche
ferme, if it beis askit allennarlie ; quhilkis infeftmentis, and aither of them, sail beir
aud contein thairin this special and expres claus of warrandice following : Lykas the
said Sir Johne Broun (now, as if the saidis infeftmentis and aither of them wer
alreadie made and past, and then as now), be thir presentis, bindis, and obleissis him,
his airis and successoris, to warrand, acquyet, and defend the samyn infeftmentis and
the annualrent abonewrittin, to be conteinit thairin, to the said Marie Scot, his
promeist spous, dureing hir lyftyme, to be frie, acquyet, saife aud sure at all handis,
from all perallis, dangeris, impedimentis, and inconvenientis quhatsumever bygane,

2 D

210 APPENDIX.

present, and tocum, againes all deadlie, quhairby the annualrent abonewrittin, or any
pairt thairof, may be evictit frae the said Marie Scot, or yit sche stoppit, liindrit, or
impedit in the peceable bruiking and joyseing thairof at hir plesour dureing all the
dayes of hir lyftyme, upone the conditiones alwayes abone provydit ; off the quhilk
annualrent of tua thowsand merkes, money abonewrittin, or incace of not redemptioun
foirsaid of the saidis landis and barony of Eossie, and annwitie of the teindis thairof
frae the said Sir Johne Broun and his said promeist spous, and thair abonespecifeit, as
said is, of the said annualrent of ane thowsand pundis of the foirsaid annualrent of
twa thowsand merkes, the said Sir Johne Broun bindis and obleissis him, his airis
and successouris, to mak guid and thankfull payment to the said Marie Scott, his said
promeist spous, dureing hir lyftyme, yeirly and termely at the termes abonementionat,
alsweill not infeft as infeft, unentrit as entrit thairto ; beginnand the first termes
payment thairof at the first terme of Witsonday or Mertimes nixt efter the deceas of
the said Sir John Broun, if it sail happin the said Marie Scot to survive him ; and
sua furth yeirly and termely thairefter at the saidis termes, dureing the said space of
hir lyftyme, togidder with the sowme of ane hundreth pundis money foirsaid of
liquidate expenssis toties quoties for ilk termes failzie .that sail happin, in thankfull
payment of the said annualrent, and that by and attour the samyn annualrent : And
farder, the said Sir Johne Broun bindis and obleissis him, and his airis, alsweill of
lyne as maill taillie, conqueis, and provisioun, and successouris quhatsumever, con-
junctlie and severallie, to provyd lawchfullie and effectuallie habili modo his landis,
teindis, and utheris eftermentionat, videlicet, All and haill the foirsaidis landis of
Colfargie, with houssis, biggingis, yairdis, wodis, fischeingis, pairtis, pendicles, and
pertinentis thairof quhatsumever ; the foirsaidis landis of Eister and Wester Caries,
with houssis, biggingis, yairdis, salmond fischeingis, ferrie boat, fischer landis, houssis,
and pertinentis thairof quhatsumever, perteining and belonging thairto ; the foirsaidis
landis of Haltoun; the foirsaid milne of Fargeis, and milne landis thairof; with houssis,
biggingis, yairdis, multures, and sequellis of the saidis haill landis and barony of
Abernethie, thirleit to the said milne useit and wont, with all thair pertinentis lyand
as said is, excepting thairfrae the multures and sequellis of the foirsaidis landis of
Carpow and utheris abonespecifeit, togidder with the teind scheawis of the saidis haill
landis and annwitie of the foirsaidis teindis ; All and sundrie the landis of Eister
Fordell, with the milne thairof, Blairstrowye and Cottounes, with the toure, fortalice,
manor place, yairdis, orchardis, toftis, croftis, outsettis, annexis, pairtis, pendicles,
and all their pertinentis quhatsumever, lyand in the barony of Dunkeld, within the
said scheriffdome of Perth ; All and haill the landis of Wester Fordell, with the
pendicle thairof callit Pareis, and all uthir pairtis, pendicles, and pertinentis thairof
belonging thairto, quhilkis ar proper pairtis and pertinentis of the third pairt landis
of the barony of Forgundenie, lyand within the said scheriffdome of Perth ; All and
sundrie the landis and barony of Dewglie, with all and sundrie their pendicles,
pairtis, annexis, connexis, biggingis, yairdis, toftis, croftis, outsettis, priviledges,
commonties, pasturages, and all their pertinentis quhatsumever ; All and haill the
milne of Arngosk, with the milne landis, multures, sequellis, annexis, connexis, and

APPENDIX. 211

pertinentis thairof ; And siclyk, all and sundrie the teind scheawis of the toun of
Dewglie, with their pertinentis, lyand witliin the lordschip of Cambuskenneth and
the said scheriffdome of Perth ; And all and haill ane annualrent of ellevin puudis ane
shilling aucht pennies foirsaid yeirly, to be upliftit and taine at twa termes in the
yeir, Witsonday, and Mertimes in winter, be equall portiounes, furth of all and haill
the landis and barony of Glaines, with their pertinentis, or any pairt thairof, lyand
within the scheriffdome of Forfar, quhilk annualrent is in compensatioun and satis-
factioun of the lyk sowme of ellevin pundis ane shilling aucht pennies money foir-
said, aucht to be payit be the said Sir Johne Broun, his airis and successouris, to
the Erie of Kinghorne, his airis and successouris, for the dewtie of all and haill the
saidis landis of Wester Fordell, with the pendicle thairof callit Pareis, with all uther
pairtis, pendicles, and pertinentis thairof belonging thairto, quhilkis ar proper pairtis
and pertinentis of the said third pairt landis and barony of Forgundenie, lyand as
said is, specifeit and conteinit in the infeftmentis thairof, sua that if the said Sir
Johne Broun, or his foirsaidis, sail be compellit to pay to the said Erie of Kinghorne,
or his abonespecifeit, the foirsaid few dewtie of ellevin pundis ane shilling aucht
pennies conteinit in the infeftmentis of the said land, that then and in that caice
they sail have ingres in and to the foirsaid annualrent for thair releif of the said few
dewtie, and that to and in favoures of the said Sir Johne Broun, and the airis
lawchfullie to be procreat betwix him and the said Marie Scott, his said promeist
spous, quhilkis failzieing, to the said Sir Johne Broun, his narrest and lauchfull airis
maill and assigneyes quhatsumever, under the provisioun of reversioun efterspecifeit,
videlicet : — That failzieing of the airis maill lawchfullie to be procreat betuix the said
Sir Johne Broun and his said promeist spous, thair being dochter or dochteris ane or
mae procreat of the said mariage, it sail be leisum to the saidis airis maill lawchfullie
to be gottin of the said Sir Johne, his awin bodie, with anie uther spous quhom it
sail happin him to marie, to redeime the haill landis, teindis, and utheris foirsaidis,
frae the dochteris ane or mae to be gottin betuix him and the said Marie Scott, his
promeist spous, be payment to them of the sowmes of money underwritten, viz., if
thair be ane, to hir the sowme of tuentie thowsand merkes money abonewrittin ; and
if thair be tua or mae, to them the sowme of tuentie sevin thowsand merkis money
abonewrittin, to be divydit amonges them in maner following : — To wit, to the eldest
the sowme of ten thowsand merkes thairof ; to the remanent, equallie amonges them,
the rest of the said sowme of tuentie sevin thousand merkes, extending to the soume
of sevinteine thowsand merkes money abonespecefeit ; and that at thair aiges of
fyftein yeiris compleit, or if they be inariet before thair saidis aiges, at the first terme
of Witsonday or Mertimes nixt efter thair saidis mariage, their saidis parentis or
aither of them being departit this lyfe before that tyme, and if not, at the first terme
of Witsonday or Mertymes nixt efter the deceas of aithir of thair saidis parentis ;
togidder with annualrent and profeit for the saidis sowmes at the rait of aucht
merkes for ilk hundreth merkes thairof, and that yeirly and termlie proportionalie
efter the terme of payment thairof, ay and quhill the saidis dochteris be compleitlie
payit of the samen : The place of redemptioun to be in the utter hous of the new

212 . APPENDIX.

Sessioun hous of Edinburgh, at the pulpit fute thairof; and the consignatioun in
caice of absence or refuisall to be in the handis of the thesaurer or deane of gild of
the burgh of Edinburgh, upone the premonitioun of fourtie dayis preceiding any feist
of Witsonday or Mertymes, in present of ane notar and witnessis as effeiris : Provyd-
ing lykwayis, that thir presentis, or the infeftment or sasine to follow heirupone, sail
serve for ane sufficient reversion for redemptioun of the landis and utheris foirsaidis,
in maner abonementionat : And for the effect abonewrittin, the said Sir Johne Broun
his maid, constitut, and ordanit, and be thir presentis, rnakis, constitutis, and ordaines,
. . . and ilk ane of them conjunctlie and severallie, his verie lawchfull, undubtit, and
irrevocable procuratores, actores, factores, eirand beireris, and speciall rnessengeris, to
the effect underwritten, giveand, grantand, and committand to them, and ilk ane of
them conjunctlie and severalie, as said is, his verie full, frie, plaine power, speciall
maudament, expres bidding and chairge, for him, and in his name, to compeir before
his immediat lawchfull superioris of the landis and utheris foirsaidis, thair airis or
successouris, or befoir thair or any of thair commissioneris haveing thair or any of thair
power and commissioun to receave resignatiounes in thair or any of thair names, at
cpuhatsumever day or dayes, place or places convenient ; and thair with all humilitie
and condigne reverence, as becumes, to resing, surrander, upgive, and overgive, lykas
the said Sir Johne Broun, be thir presentis, resignes, surranderis, upgives, and over-
gives, all and sundrie the landis and baronie, milnes, teind scheawis, and utheris
abonewrittin, with all thair pairtis, pendicles, and pertinentis abone expremit, lyand as
said is, in the handis of his immediat lawchfull superioris thairof, thair airis or succes-
souris, or of thair or any of thair commissioneris haveing thair or any of thair power
or commissioun to receave resignationes in thair or any of thair names, in favoures
and for new infeftment of the samyne, to be maid and grantit to the said Sir Johne
Broun, and the airis lawchfullie to be procreat betwix him and the said Marie Scott,
his said promeist spous, quhilkis failzieing, to the said Sir Johne Broun, his narrest
and lawfull airis maill, and assigneyes quhatsumever, yeirly, under the provisioun
and conditioun of reversioun abonementionat, to be conteinit and insert in the saidis
infeftments, and ilk ane of them, per expression, in dew and competent forme,
togidder with all richt, title, entres, and claime of richt quhilk the said Sir Johne
Broun, and his airis or assigneyes, had, have, or anywayes may have, or claime in
and to the landis and utheris forsaidis, or any pairt thairof, in tyme cuming, aetis,
instrumentis, and documentis neidfull thairupone, to take, ask, lift and raise, and
generallie all and sundrie uther thingis in the premissis that to the office of procura-
torie in sic caices of the law and consuetude of this realme ar knawin to appertein,
to doe, use and exerce, siclyk and als friely in all respectis as the said Sir Johne may
doe thairin himself, if he wer personallie present, promitting to hald firme and stable
all and quhatsumever his saidis procuratores or any of them in the premissis lawch-
fulie dois. And mairattour, in caice it sail happin that thair be no airis maill pro-
creat betuix the said Sir Johne and his said promeist spous, hot dochter or dochteris
ane or mae, and that the said Sir Johne Broun sail have airis maill lawchfulie to be
gottin betuix him and another spous quhom it sail happin him to marie, then and in

APPENDIX. . 213

that caice the said Sir Johne Broun binclis and obleissis him and his foirsaidis to pay,
or caus the said airis maill to be gottin betuix him and ane other spous quhom it
sail happin him to marie to pay, to the dochter or dochteris to be gottin betuix him
and the said Marie Scott, the sownies of money abonementionat, conteinit in the
foirsaid reversioun conceavit in favoures of the saidis airis maill for redemptioun of
the landis and utheris abonespeeifeit, frae the airis quhatsumever of the said mariage,
failzieing of airis maill to be procreat of the samyn mariage ; and that at the tymes
abonementionat with the annualrent thairof foirsaid tharefter, quhill the payment
of the samyn; and in the meintyme to educat, sustein, and intertein the saidis
dochteris honestlie and vertuouslie, according to thair rank and degrie, ay and quhill
the tymes foirsaidis appoyntit for payment of thair saidis sowmes. And in lykmaner
the said Sir Johne Broun bindis and obleissis him and his abonespeeifeit be his
moyan, and upone his owin charges and expenssis to purches, procure, and to caus
pas and exped the haill infeftmentis abonewrittin of the annualrent, landis, and utheris
foirsaidis alsweill conceavit in favoures of the said Marie Scot as of the said Sir
Johne Broun himselff, and his airis of taillie and provisioun abonementionat : For
the quhilkis caussis, the said Sir James Scot of Bossie, be thir presentis, bindis and
obleissis him, and his airis alsweill of lyne as maill tailzie, conqueis, provisioun, and
successouris quhatsumever, conjunctlie and severallie, to make dew and lawchfull
resignatioun of all and haill the baronie of Bossie, comprehending the landis and
utheris eftermentiounat, viz., All and haill the landis of Eister Bossie, with the haill
maner place, yairdis, orchardis, doucat, annexis, connexis, outsettis, pairtis, pendicles,
and pertinentis thairof, also all and sundrie, the toun and landis of Wester Bossie,
and thrie thirdis or third pairtis of the samyn conqueist and acquyrit be James
Bonar, suintyme of Bossie, frae the persounes efterspecifeit, heretabill fewares thairof
for the tyme ; — To wit aue third or third pairt thairof frae umquhill James Scrimgwur
of Myres ; ane uther third or third pairt thairof frae John Bonar, elder of Lumquhat ;
and the third or third pairt thairof frae Thomas Hardie in Dafmill; togidder with
all and sundrie, houssis, biggingis, dowcat, yairdis, outsettis, cottagis, annexis, con-
nexis, pairtis, pendicles, and pertinentis thairof quhatsumever; togidder also with
all and haill the loch of Bossies, eilark thairof, myres of Bossies, meidowis, parkis,
inches, and gallis of the saidis loch and myres of Bossies; as also with the
fischeingis, alsweill be cobles, boatis, nettis as uthir wayes howsoever, within the
haill loch, and with all uther pairtis, priviledges, pendicles, and pertinentis quhat-
sumever of the landis and utheris abonewrittin, lyand within the stewartrie and
sheriffdome of Fyff, and within the speciall and particular boundis, meithis, and
nierches efter specifeit, viz., beginnand at the eist, at the dyk callit Bonares dyk,
thairfrae southeist be the marchestaines imput in the sched of laud callit Drumlaw,
to the well callit Lochtorie, quhilk devydis the landis of Eister Bossie frae the landis
of Kiuloch, and frae the said well passand southwest be the end of the arable landis
of Kinloch, Eister Kilquhis, and the moss callit Bowhousmoss, quhill it cum to the
burne callit the Lochburne, and dischendand southwest as the burne runnes to the
Lochburne latch, and frae that west and south as the burne runnes quhill it cum to

214 APPENDIX.

the landis of Wester Kilqulris be the west eilstand, and frae then west as the dyk
quhilk devydis the landis and Eister Kilquhis frae the rnyre of Eossie, quhill it cum
to the southwest nwik of the samyn dyk, and therefrae west or thairby to the burne
of Auchtermuchtie, callit the meidow landis and ascending the samyne burne to the
stank quhilk divydis the myre of Eossie, frae the arable landis of Auchtermuchtie
callit the meidow landis, and passing up the samyn stank to the myre yet and
brigendis of Wester Eossie ; and thairfrae passand up the wester side of the arable
landis to the west den of Eossie wester, and passand throw the midis of the said den
be ane stryp to the quhyt feild, and thairfrae to the hiegait leidand be Mairis landis,
Lumquhatmilne, and frae the samyn hiegait eist and north betuix the arable landis
of Lumquhatmilne and Lumquhat, be ane stryp to Sir Thomas land endis, and passand
eist the said stryp quhill it cum to the marche staines betuix the arable landis of
Lumquhat and Wester Eossie, and donn be the saidis marche staines to the inarch
staines betuix Lumquhat and Eister Eossie, and doun Glencortas den be the saidis
marchstaines, and thairfrae northeist to the Lochie heid dyk, and thairfrae be the
marchestaines to the den betuix the landis of Weddersbie and Eister Eossie, and donn
the said den be the marchestaines to the foirsaid dyk, callit Bonares dyk, quhair the
saidis marches began : And lykwayis all and haill the milne of Lumquhatis, with the
houssis, milne landis, and all thair pertinentis, lyand within the lordschip of Fyff and
sheriffdome of Fyff, abonespecifeit, betuix the landis of Wester Eossie on the eist, the
lands of Auchtermuchtie on the west, and the burne runing frae the said milne on
the north, and the vater of Bervie on the south, on the ane and uthir pairtis : And
siclyk the commoun pasturage belonging to the said milne and milne landis in the
suaird eird towardis the eist, and the Loch of Eossie dischending be the quhytfeild,
and westwith to Saint Brydiswell in the. swaird betuix the burne and courtgait,
togidder with all and sundrie frie and thirlit multures, suckin, and uthir priviledges,
liberties, coinmonties, and commodities quhatsumever uset and wont, belonging to the
said milne and milne landis : And in lyk maner, all and sundrie the teind scheawis
and utheris teindis, alsweill personage as viccarage, of all and haill the foirsaidis landis
of Eister Eossie and Wester Eossie, and landis of Nether Eossie, quhilk is ane pairt
of the saidis landis of Eister Eossie, and of the said milne of Lumquhat and milne
landis thairof, with pairtis, pendicles, and pertinentis of the samyne, lyand within the
parochin of Cullessie, stewartrie and sheriffdome abonewrittin, all unit and erectit in
ane baronie callit the baronie of Rossie ; togidder with the annwitie of the saidis
teindis of the foirsaidis haill landis and baronie, in the bandis of His Majestie or his
heines successouris, the said Sir James Scottis immediat lawchfull superioris thairof,
or of his or thair commissioneris, having his or thair power or commissioun to resave
resignatioun in his or thair names, in favoures and for new infeftment of the saymn,
to be maid and grantit to the said Sir Johne Broun and the said Marie Scott his said
promeist spous, the langest livar of them tua, in conjunct fie, and the airis lawchfullie
to be gottin betuix them, quhilkis failzieing to the airis lawchfulie to be gottin of
the said Marie Scot hir awiti bodie with any other husband quhom it sail happin
hir to marie, quhilkis failzieing to Anna Scott, hir sister germane, and the airis

APPENDIX. 215

lawfullie to be gottin of hir awin bodie, quhilkis failzieing to the said Sir James
Scot, his narrest and lawfull airis, or in his optioun to any uthers his airis or
assigneyes to be namit, maid, constitut, designit, or ordainit be him be nominatioun,
assignatioun, dispositioun, or quhatsumever uthir maner of way, at any tyme of his
liftyme, albeit at the poynt of death, conforme to the priviledge conteinit in
the last infeftment grantit be His Majestie, under the great seill to the said
Sir James Scott, of the landis and baronie abonementionat, quhilkis failzieing
to the said Sir James his narrest and lawful airis and assigneyes quhatsumever,
heretablie, in dew and competent forme, under the reservatiounes, reversioun,
provisiounes, and conditiounes eftermentionat. And in lykmaner, the said Sir
John Broun biudis and obleissis him and his abonespecifeit to mak good and
thaukfull payment to the said Anna Scott, youngest lawfull dochter to the said
Sir James, of the sowme of twentie thowsand merkes money foirsaid, at hir age of
fyftein yeiris compleit or sooner at the first terme of Witsonday or Mertimes nixt
efter the tyme of hir mariage, if she beis mariet before she attein to the said age of
fyftein yeiris, togidder with annualrent and profeit for the said principall sowme at
the rait of the cwntrie for the tyme, yeirly, termly, and proportionallie, efter the terme
of payment thairof abonespecifeit, ay and quhill the samyn be pay it : Off the quhilk
annualrent, the saidis Sir James Scot and Sir Johne Broun bind and obleis them
aither of, and thair foirsaidis, to pay the ane half dureing the lyftyme of the said
Sir James Scott, with this provisioun and declaratioun allwayis : That if it sail happin
the said Anna Scot to depairt this lyfe onmariet, or within the space of yeir and
day nixt efter hir maviage, but bairnes, ane or mae, lawfulie procreat of hir awin
bodie, that then and in that caice the said Sir James Scott and Sir Johne Broun sail
be Me of all payment to hir, hir airis, executoris, or assigneyes, of the said soume of
tuentie thousand merkes, or any pairt thairof, or any annualrent for the samyn.
And lykwayis, the said Sir Johne Broun bindis and obleissis [him] and his foir-
saidis to pay to the dochteris ane or mae lawfulie procreat, or to be procreat, of the
said Sir James Scottis awin bodie, if thair be bot ane, to hir the sowme of ten thow-
sand merkes, and if thair be mae nor ane, to the eldest the soume of ten thousand
merkes, and to everie ane of the rest the sowme of sax thowsand merkes abone-
specifeit at thair ages of fyftein yeiris compleit, togidder with annualrent and profeit
for the samyn, at the rait of the cowntrie for the tyme, yeirly, termlie, and pro-
portionallie, efter the termes of payment thairof foirsaidis, ay and quhill the samyn
be compleitlie payit, and in the meintyme to educat, sustein, and intertein the
saidis dochteris honostlie and vertuouslie, according to thair estait and degrie efter
the deceas of the said Sir James Scot, thair father : Reserveand alwayis lykas be
the said infeftment thair sail be speciallie reservit to the said Sir James Scott his
frank tenement or lyferent of the haill landis, baronie, milne, loche, fischeingis,
teindis annwitie, and vthir foirsaidis, dureing all the dayes of his lyftyme : And
lykwayes reserveand to the said Dame Antonia Willobie hir lyferent of the landis
and utheris underwrittin, viz., of all and sundrie, the foirsaid toun and landis of
Wester Bossie, and thrie thirdis or thrie third pairtis thairof abonementionat, con-

216 APPENDIX.

queist and acquyrit be the said James Bonar, sumtyme of Eossie, frae the foirsaidis
persounes heretabill fewaris thairof, togidder with all and sundrie houssis, biggingis,
yairdis, outsettis, cottagis, annexis, connexis, pairtis, pendicles, and pertinentis thairof
quhatsumever, togidder also with that pairt of the said inaner place of Eossie, callit
the New-work ; All and haill the foirsaid milne of Lumquhat, milne landis,
common pasturage thairof abonespecifeit, and all and sundrie the frie and thirle
multures, suckin priviledges, liberties, commonties, and commodities quhatsumever,
useit and wont, belonging to the said milne and milne landis, togidder with the
teindis of the foirsaidis landis, and annwitie of the saidis teindis ; And als reserve-
and to the said Dame Antonia Willobie hir lyferent of all and haill ane annualrent
of sex chalderis victual! tua pairt aitis and third pairt beir, good and sufficient mer-
chandice yeirly, to be upliftit and taine betuix the feistis of Ywill and Candilmes
furth of the remanent of the saidis landis and baronie of Eossie, not reservit to hir in
lyferent as said is, or furth of any pairt thairof, lyand as is abonementionat, and
that in full contentatioun and satisfactioun to the said Dame Antonia Willobie of hir
terce and third pairt of the saidis remanent, landis, and baronie, and of all uthir
landis, heretages, and annualrentis that may belong to hir or pertein to hir, or that
she may ask or claime be deceas of the said Sir James Scot, hir husband, if it sail
happin hir to survive him : Provyding also lykas be the said infeftment to follow
heirupone it sail be speciallie provydit that the saidis haill landis and baronie of
Eossie, with the annwities of the teindis thairof, sail be redeimable be the airis maill
lawfulie to be procreat of the said Sir James Scottis awin bodie with the said Dame
Antonia Willobie, or any uthir spous quhom it sail happin him to marie, frae the
said Sir Johne Broun and his said promeist spous and their foirsaidis, be payment
or consignatioun of the sowme of tuentie sevin thowsand merkis money abone-
writtin, upone any Witsonday, upone the premonitioun of fourtie dayis of befoir, in
presence of ane notar and witnessis as effeiris, the place of redemptioun to be
within the utter hous of the said new Sessioun hous of Edinburgh, at the pulpit
foot thairof, and the consignatioun, incaice of absence or refuisall, to be in the
handis of the thesaurer or deane of gild of the said brught of Edinburgh, upone the
hazard and perrill of the consigner : With this provisioun also to be conteinit in the said
infeftment, lykas be thir presentis it is expreslie provydit, that if it sail happin the
said Sir Johne Broun or his foirsaidis to have maid payment to the said Anna Scott or
to any mae of the dochteris procreat or to be procreat of the said Sir James Scotis
awin bodie, of the sowmes of money abonementionat heirby appoyntit to be payit to
them as said is, or any annual rentis theirof, that then and in that caice it sail not
be leisum to the saidis airis maill, or any uthiris his airis and assigneyes abone-
mentionat, to redeime the landis, baronie, and uthiris foirsaidis quhilkis formerlie per-
teinit to the said Sir James Scott frae the said Sir Johne Broun and his said promeist
spous, and thair abonespecified, unto the tyrne and quhill the saidis sowmes and
annualrentis thairof be refoundit to the said Sir Johne Broun or his abonewrittin.
And if the saidis sowmes beis not payit, the saidis landis, baronie, and utheris foir-
saidis sail not be redeimable quhill the saidis airis maill and utheris foirsaidis give

APPENDIX. 217

guid and sufficient securitie to the said Sir Johne Broun and his abonespecifeit for
thair warrandice and releiffe of the saidis haill so wines, quhairof the said Sir Johne
is obleist, ta mak payment to the said Sir James Scottis dochteris foirsaidis, procreat
[or] to be procreat of his awiu bodie : And sicklyk, it is heirby provydit, lykas be
the said infeftment appoyntit to follow heirupone, it sail be speciallie provydit that
if thair beis no airis lawchfulie gottin betuix the said Sir Johne Broun and his said
promeist spous, and that the landis and utheris foirsaidis beis not redeimit be the said
Sir James Scotis airis maill of his awin bodie frae the said Sir Johne Broun and
his said promeist spous and thair foirsaidis in the said Sir John Brounes awin
lyftyme, be payment of them, or consignatioun to thair behuife, of the said sowme of
tuentie sevin thowsand merkis, that then and in these caices the said Marie Scot and
hir airis of taillie abonementionat sail be haldin, lykas the said Marie, with consent
of hir said father, as lawfull administrator to hir for his entres be thir presentis,
bindis, and obleissis hir and hir airis of taillie forsaidis, to pay to the said Sir Johne
Brounes airis or assigneyes quhatsumever the said sowme of tuentie sevin thowsand
merkes money abonewrittin, at the first terme of Witsonday or Mertimes nixt efter
the deceas of the said Sir Johne Broun, with annualrent thairfoir thairefter at the
rait of the cwintrie for the tyme quhill the payment of the samyn, togidder also with
the foirsaidis sowmes of money heirby appoyntit to be payit to the said Anna Scot
and remanent dochteris procreat of the said Sir James Scotis awin bodie, principall
and annualrentis, quhairof it sail happin the said Sir Johne Broun to have maid pay-
ment of before ; and if the saidis sowmes beis not payit be the said Sir Johne
Broun, in that caice to give sufficient securitie to warand and releive his airis, suc-
cessouris, and executoris thairof: And farder, it is heirby provydit and declairit
that if the landis and utheris abonewrittin, quhilkis formerlie perteinit to the said Sir
James Scot as said is, sail be redeimit be his saidis airis maill lawfulie to be gottin of
his awin bodie, frae the said Sir Johne Broun and his said promeist spous and thair
foirsaidis dureing the lyftyme of the said Sir Johne Broun, or if it sail happin that thair
be no airis lawfulie gottin betuix the said Sir Johne Broun and the said Marie Scot
his promeist spous, quhairby the said Marie or hir airis of taillie abonewrittin will be
haldin to pay to the said Sir Johne Brounes airis or assigneyes the foirsaid sowme of
tuentie sevin thowsand merkes money abonespecifeit, that then and in these caices, of
aither of them, the said soume of tuentie sevin thowsand merkes is givin and pro-
vydit be the said Sir James Scott, and acceptit and resavit be the said Marie Scot and
the said Sir Johne Broun, hir said promeist spous nomine dotis, and in full contentatioun
of all landis, teindis, heretages, annualrentis, takis, sowmis of money, guidis, and gear
quhatsumever that may pertein and belong to hir, or that she may ask or claime be
deceas of the said Sir James Scott and his said spous, or aither of them : And lykwayes
it is heirby provydit and declairit that the remanent sowmes of money abonementionat
heirby provydit and appoyntit to be payit to the remanent dochteris foirsaidis procreat,
and to be procreat, of the said Sir James Scotis awin bodie, ar heirby appoyntit to be
payit to them in full contentatioun and satisfactioun of all landis, annualrentis, takis,
steidingis, rowmes, possessionnes, guidis, gear, and all uthir thingis quhatsumever that

2 E

218 APPENDIX.

[they] may ask or clainie be and throw the deceas of the said Sir James Scot and his
said spous, or aither of them, as bairnes pairt of gear, portioun naturall, or any uthir
maner quhatsumever, alsweill not exprest as exprest : And for making of the said
resignatioun, the said Sir James Scott has maid, and constitut and ordainit, and
be tliir presentis makis, constitutes, and ordaines

and ilk ane of them, conjunctlie and severallie, his
verie lawfull, undoubtit, and irrevocable procuratores, actors, factores, eirand beireris,
and speciall messengeris, to the effect underwrittin, giveand, grantand, and committand
to them, and ilk ane of them conjunctlie and severallie as said is, his verie full, frie,
plaine power, speciall mandament, expres bidding, and chairge for him, and in his name
to compeir before our Soverane Lord, or his hienes successouris, the said Sir James
Scotis immediat lawfull superioris of the landis and baronie of Kossie and annwitie of
the teindis thairof, or before his or thair commissioneris haveing his or thair power or
commissioun to resave resignationes in his or their names, at quhatsumever day or
dayis, place or places convenient, and thair, with all humilitie and condigne reverence
as becomes, to resigne, surrander, upgive, and overgive, lykas the said Sir James Scot,
be thir presentis, resignes, surranderis, upgives, and overgives, All and haill the
saidis landis and baronie of Eossie, comprehending as said is, with the annwitie of
the teindis thairof in the handis of our said Soverane Lord or his hienes succes-
souris, or of his or thair commissioneris, haveing his or thair power or commissioun
to resave resignatiounes in his or thair names, in favoures and for new infeftment
of the samyn, to be maid and grantit under the great saill to the said Sir Johne
Broun and his said promeist spous and the langest liver of them tua in conjunct fie,
and to thair airis of taillie and provisioun foirsaidis heretablie (under the reserva-
tiounes, reversioun, provisiounes, and conditiounes abonementionat) in dew and com-
petent forme, togidder with all richt, title, entres, and claimes of richt quhilk the
said Sir James Scot, his airis or assigneyes had, have, or anywayes may have or
claime, in and to the landis, baronie, and vtheris foirsaidis, or any pairt thairof in
tynie cumiug, renunceing the samen for him and his foirsaidis to aud in favoures of
the said Sir Johne Broun and his said promeist spous and thair abonespecifeit (under
the reservatiounes, reversioun, provisiones, and conditiounes foirsaidis) for now and
ever, Actis, instrumentis, and documentis neidfull thairupone to tak, ask, lift, and
rais and generallie all and sundrie uther thingis in the premissis that to the office of
procuratorie in sic caices of the law and consuetuide of this realme ar knawin to
appertein, to doe, use, and exerce siclyk, and als frielie in all respectis as the said
Sir James Scott micht doe thairin himself if he wer personallie present : Promitting
to hold firme and stable all and quhatsumever his saidis procuratores or any of them
in the premissis lawfulie dois : And mair attour, the said Sir James Scot, bindis and
obleissis him and his foirsaidis to accept and resave the said Sir Johne Broun and
his said promeist spous in familie with himself, and to intertein them and their
bairnes and servandis as he dois him selff, his awin wyfe, bairnes, and servandis sua
lang as they can agrie to live altogidder ; and to pay to the said Sir Johne Broun
and his said promeist spous dureing that space for keiping of thair pnrss the sowme of

APPENDIX. 219

fyve hundreth merkes money foirsaid at the saidis tua termes in the yeir, Witsonday
and Mertime's in winter, be eqnall portiounes, beginnand the first termes payment
thairof at the first terme of Whitsonday or Mertymes nixt, efter the solemniza-
tiouu of the said mariage ; and if all the saidis pairtis be not content to live in
houshold and familie togidder with the said Sir James Scot, and that the said Sir
Johne Broun and his said promeist spous and their foirsaidis sail remove themselfis
frae the familie of the said Sir James and live vpone thair awin estait, then and in
that caice the said Sir James Scott bindis and obleissis him and his abonespecifeit to
mak payment to the said Sir Johne Broun and his said promeist spous or thair foir-
saidis of ane yeirly devvtie of ane thowsand merkes money abonewrittin at the
saidis tua termes in the yeir, Witsonday, and Mertymes in winter, be equall portiounes,
beginnand the first termes payment thairof at the first terme of Witsonday or
Mertymes nixt efter it sail happin the said Sir John Broun and his said promeist
spous or thair foirsaidis to seperat themselfis frae the familie of the said Sir James
Scott, and sua faith yeirly and termlie thairefter dureing the lyftyme of the said Sir
James : And lykwayes the said Sir James Scot bindis and obleissis hjni and his foir-
saidis be his awin moyan, and upone his awin chairges and expenssis, to purches, pro-
cure, and caus pas and exped the infeftment abonewrittin of the foirsaid landis and
baronie of Bossie, with the teindis and annwitie thairof : And in lyk maner, fforsa-
meikle as His Majestie, be his hienes letres of pensioun of the dait the tuentie nynt
day of Junij Jmvjc threttie nyn yeiris, gave, grantit, and disponit to the said Sir
James Scot and Dame Antonia Willobie his spous, dureing all the dayes of thair lyf-
tyme, and to the langest liver of them tua, in yeirly pensioun, all and haill the sowme
of ane thowsand merkes money abonespecifeit, yeirly to be upliftit at tua termes in
the yeir, Witsonday, and Mertymes in winter, be equall portiounes, out of the first and
rediest of His Majesties dewties and casualities quhatsumever of the Kingdome of
Scotland, beginand the first termes payment thairof at the feist and terme of Mer-
tymes the said yeir Jmvjc threttie nyn yeiris, as the foirsaidis letres of pensioun of
the dait abonewrittin at mair lenth proportis, theirfor the said Dame Antonie
Willobie, with consent of the said Sir James Scot, hir spous, be thir presentis makis
and constitutis the said Sir Johne Broun dureing the space of hir lyftyme efter the
deceas of hir said spous, hir verie lawfull, undoubtit, and irrevocable cessioner,
assignay, and procurator in rem suam in and to the foirsaid yeirly pensioun of ane
thowsand merkis specifeit in the saidis letres of pensioun, and, be thir presentis, sur-
rogatis and substitutis the said Sir Johne dureing the said space in hir full richt,
title, and place of the foirsaid pensioun, with full power to the said Sir Johne
Broun to ask, crave, resave, intromet with, and uptak the foirsaid yeirly pensioun of all
yeiris and termes etter the deceas of the said Sir James Scot dureing the lyftyme of
the said Sir Johne Broun and of the said Dame Antonia Willobie, baith livand
togidder, and thairupone to dispone at his plesour, and to call and persew thairfoir as
accordis of the law, and to give acquittances and dischairges thairupone, transact,
compone, and agrie thairanent, siclyk and als freilie in all respectis as she, with con-
sent of hir said spous, micht have done hirself befoir the making heirof, and as if

220 APPENDIX.

thir presentis had not bein maid be hir with his consent ; quhilk assignatioun
abonewrittin the said Dame Antonia Willobie, with consent of hir said spous,. for his
entres, bindis and obleissis hir to warrand to the said Sir Johne Broun frae hir
awiu proper fact and deid allennavlie : It is alwayis declairit that if the said Dame
Antonia Willobie sail survive the said Sir Johne Broun, that then she sail returne
to her former richt and title of the said pensioun dureing the space of hir lyftyme,
siclyk as if the assignatioun thairof abonewrittin had not bene made be hir, with
cousent of hir said spous, to the said Sir Johne Broun : And with declaratioun that
the said yeirly pensioun sail pertein to the said Sir James Scot dureing all the dayis
of his lyftime, notwithstanding of the assignatioun foirsaid, siclyk as if the samen
had never bein made : And if it sail happin any of the saidis pairties or persounes
to failzie in thankfull performance of any pairt of this present contract, then, and
in that caice, the pairtie or persoun failzieing bindis and obleissis them and thair
foirsaidis to pay to the uther pairtie or persoun damnifiet be the said failzie, the
soume of ane hundreth pundis money abonewrittin, Mies quotics, for ilk failzie that
sail happin, but prejudice alwayis of performing of the haill premissis : And for the
mair securitie, baith the saidis pairties ar content and consent that thir presentis be
insert and registrat in the builds of Counsell and Sessioun, to have the strenth of ane
act and decreit of the Lordis thairof, that lettres and executoriallis of horning be ane
simple chairge of sex dayis onlie, and utheris lettres and executoriallis neidfull may
be derect heirupone in forme as effeiris ; And for registering heirof constitutis

thair procuratores promittentes de rato.
In witnes quhairof they have subscrivit thir presentis with thair handis (writtin
be Alexander Adamsone, servitour to Mr. Francis Hay of Balhoussie, wreitar
to His Majesties signet), day, yeir, and place foirsaidis, befoir thir witnessis,
Sir Michael Balfour of Denmilne, knicht ; Andro Lundie, sone lawfull to umquhill
Andro Lundy of Coudlane ; Mr. Johne Litiljohne, minister at Cullessie ; and
Alexander Merschell, notar in Falkland, and hilar up of the blankis dait and
witnessis names, and of the aditiounes on the margentis of this present con-
tract ; and Johne Bonar, fiar of Lumquhatte (sic subscribitur) Jo. Brouue, J. Scott
of Bossie ; Antonia Willoughby, Mary Scott, S. M. Balfoure of Denmilne, witnes ;
J. Bonnar, witnes ; A. Lundy, witnes ; Mr. Johne Liteljohne, witnes ; Alexr Mer-
schell, notar, witnes.

STEWART OF STICKS.

(County Perth.)

As borne by the family, Scotland quartering Stewart, all

within a Bordure engrailed.

SCOTT* fERGU30H EDINBURGH

HALYBURTON.

Or, on a bend azure three Mascles of the field.

(Funeral Escutcheon in the Lyon Office.)

SCOMSrrflCllSGnCDINBUHGH

BOSWELL OF BALMUTO.

(County Fife.)

First and Fourth, argent, on a Fess sable three Cinquefoils
. of the first, for Boswell ; Second and Third, or, a Lion
rampant gules armed and langued azure debruised
of a Ribbon sable, for Abernethy.

{Illuminated MS. of Sir David Lindsay, Lyon King of Arms, A.D. 1542. )

.:■>-"•

MASTERTON OF MASTERTON-
BEATH. (County Fife.)

k'ii

& ^ ci

^■r4\t 'fufl

WL&-:£3

Azure, an Eagle displayed or, impaling argent, a Cheveron
gules on a chief of the last, a Crescent of the first.

(Seal, 1588, of Robert Masterton of Bad (Bcath), and Lyon Register;
'tincture of chief changed to azure, but in old MS. it is gules.)

SCOlt* FCKGUSON EDINBURGH

GRAEME OF INCHBRAKIE.

(County Perth.)

Or, a wall or dyke fessways azure broken down in some
parts, in base a Rose gules, on a chief sable three
Escallops of the first.

{Lyon Register.)

■ cc in tciuau&cn

LORD MELVILLE.

Quarterly ; First and Fourth gules, three Crescents argent
within a Bordure of the second, charged with eight
Roses of the first ; Second and Third argent, a Fess
gules.

(Lyon Register.)

SCOItS rcnGLjOH CPtNBURCH

LUMSDEN OF CONLAND.

(County Fife.)

Argent, a Cheveron sable between two Wolves' Heads
couped gules in chief and an Escallop vert in base.

(Illuminated MS. of Sir David Lindsay, Lyon King of Anns.)

HCUSON LUiNBURM'

BRUCE OF KENNET.

(County Clackmannan.)

Or, a Saltire gules, on a chief of the second a Mullet argent.

{Lyon Register.)

scoria rERCu:OH Edinburgh

OLIPHANT OF GAS!

y y

Gules, three Crescents argent.

{Lyon Register. It has not been ascertained what difference, if any,
the first family of Gash bore.)

SCOTT l rtRCUSON EDINBURGH

MONTGOMERY OF SKELMORLIE.

County Ayr, Bart.

Quarterly, First and Fourth azure, three Fleurs-de-lis or ;
Second and Third gules, three Annulets or stoned
azure ; over all a Sword in pale proper.

{Lyon Register, i$th December 1731.)

SCOTT J FiSCuSdN f MneuR H

HAMILTON OF GILKERSCLEUCH.

(County Lanark.)

Gules, three Cinquefoils ermine within a double Tressure
flowered, counter-flowered of Fleurs-de-lis or.

(Lyon Register!)

SCOTT 4 'CRGUSON.EOIMBUKCH

BRUCE OF WESTER ABDEN.

(County Fife.)

Or, a Saltire gules, on a chief of the second three
Fleurs-de-lis of the first.

(Lyon Register, A.D. 1676.)

SCOTlifERCUSOH tOlNeufiGH

CLARK OF BALBIRNY AND
PITTEUCHAR.

(County Fife.)

Quarterly ; First, sable, a Star of eight points wavy
argent ; Second and Third, or, three Bendlets sable ;
Fourth, sable, two Bars ermine.

(AfSS. in the Lyon Office ; there is a considerable variation
in the Blazons.)

ALEXANDER OF SKEDDOWAY.

(County Fife.)

Parted per pale argent and sable, a Cheveron, and in base
a Crescent counterchanged.

{Illuminated MS. in the Lyon Office, Wood's " East Nenk of Fife.")

SC01T* FERGUSON E[)(U BURGH

PARISH, BARON OF SENFTENBERG,

in Austria.

Parted per fess gules and azure, in chief a Unicorn's Head
couped argent, in base a Boar passant sable on
ground vert.

(Armorial General par J. B. Rietstap.)

[RCUSON EDINBURGH

SANDFORD OF SANDFORD.

(County Salop.)

Quarterly per Fess indented azure and ermine.

(Edmonson's Heraldry, Noble and Gentle Men
of England.)

SCOn S FERCU30N coingurch

ANDERSON OF HALYARDS.

(County Peebles.)

Argent, a Saltire engrailed sable between two Crescents in
chief and base, and as many Mullets in flank gules, a
Bordure wavy of the last for difference.

(Lyon Register 1732, for Michael Anderson of Tushilaw.)

SCOTT i 'EKCUSON EDIW6URGH

BROWN OF ASHLEY.

(County Edinburgh.)

Parted per cheveron gules and sable, a Cheveron between
two Fleurs-de-lis in chief and a Cushion in base or.

{Lyon Register.)

SC01T S FERGUSON r.DIWRURCH

; i

STOTHERT OF CARGEN, in the

Stfavartry of Kirkcudbright.

pns

Argent, a Cock gules between three Stars of six points
sable, on a chief of the second three Cushions or.

{Lyon Register, 16 th December 1814.)

SCOTT & rCKGU.ON [OINBURG H

HAY-GORDON OF AVOCHIE.

(County Aberdeen.)

^^5-1^B

Quarterly. First and Fourth azure, on a Cheveron between
three Boars' Heads couped or a Hand grasping a
Sheaf of Arrows proper, for Gordon ; Second and
Third quarters counter-quartered, first and fourth
argent, three Inescutcheons gules ; second and third
azure, three Fraises argent ; in the centre a Crescent
gules, all within a Bordure also gules for difference,
for Hay.

{Lyon Register, 1857.)

SCOTT!'

HILL, descended from Hill of Lambhill.
(County Lanark.)

Azure, a Mount or with the Sun rising and appearing over
the top thereof in his splendour.

(Lyo?i Register, igth July 1676.)

SCOT! S f fCUSON EDINBURGH

BUCHANAN OF ARDEN.

(County Dumbarton.)

Or, a Lion rampant sable holding in his dexter fore paw
a dagger proper within the Royal Tressure of the
second, a bordure gules for difference.

{Lyon Register.)

SCOIT & rthCUiOH COtneURGH

MACKENZIE OF TARBAT,

Sir John, Bart., 1628.

Quarterly, Macleod and Mackenzie.
{Funeral Escutcheon in the Lyon Office.)

ER6US0H tDiMBURCH

MACKENZIE OF TARBAT,

Sir George, Bart.

Parted per pale or and azure, in the dexter a Mountain
of the second inflamed proper, for M'Leod of Lewes,
in the sinister a Deer's Head cabossed of the first,
for Mackenzie ; over all a Pale sable charged with an
Imperial Crown proper, for Erskine of Innerteil.

(Lyon Register, about 1673.)

SCOTT i FEHGU;0H tDINfiURGM

MACKENZIE, EARL OF CROMARTIE.

Quarterly ; First, Macleod ; Second, Mackenzie ; Third,
gules, three Legs in armour proper garnished and
spurred or, flexed and conjoined in triangle at the
upper part of the thigh, for the Lordship of the Isle
of Man ; Fourth, Erskine of Innerteil.

{Lyon Register.)

SCOTT* fERCUJOM [DIN BURGH

JOHN BROWNE OF HINGINGSYDE.

Azure, a Cheveron invecked between three Fleurs-de-lis or.
(Lyon Register A.D. 1672-1678.)

SCOITi FERGUSON tOlNBUHCH

THOMAS BROWN OF EASTFIELD,

County , Stationer in and

Bailie of Edinburgh.

/S^/S*

a Si r Si m

Azure, a Cheveron chequy argent and gules between three
Fleurs-de-lis or.

{Lyon Register 1672-78.)

<.cona rLRCu.ow Edinburgh

THOMAS BROWN OF BONNYTOWN.

Or, on a Cheveron between three Fleurs-de-lis azure

a Bezant.

{Lyon Register about 1720.)

ROBERT BROWN

OF LONG ITCHINGTON, County

Warwick, a descendant of Colston.

Gules, on a Cheveron argent between three Fleurs-de-lis
or a Thistle proper, all within a Bordure wavy of the
second.

{Lyon Register, igt/i February 1742.)

SCOTT i rtfiGUSON. EDINBURGH

JOHN BROWN, Merchant in Copenhagen,
a descendant of Coalstown.

9<?<2

Gules, three Fleurs-de-lis or, on a chief of the second
three Men's Hearts of the first.

(Lyon Register, gt// April 1755.)

seen .' • ■■ -

Mr. RICHARD BROWN, Minister of
the Gospel in Bute, descended from

Thornydyke.

Gules, on a Cheveron argent between three Fleurs-de-lis
or a Crescent of the first between two Mullets azure,
all within a Bordure of the last.

(Lyon Register, 15/// September 1763.)

SCOTT £ rtRGUJON TOINBURGM

Sir GEORGE BROWN, G.C.B.

Gules, on a Cheveron between three Fleurs-de-lis or a
Mural Crown of the first, all within a Bordure
embattled of the second,

{Lyon Register, i860.)

scon a rr rcuson Edinburgh

Rev ROBERT BROWN-BORTHWICK.

Azure, on a Cheveron argent between two Fleurs-de-lis in
chief and a Mascle in base or, three Cinquefoils sable.

{Lyon Register, 1868.)

SCOt: \ FERGUSON f.DiU6UnCH

BROWNE OF COLSTOUN.

(County Haddington)

Gules, a Cheveron between three Fleurs-de-lis or.

{Lyon JZegister, 1672-78, and quartered by the Earl, afterwards
Marquess, of Dalhousie 1841.)

SCOtia ftRGinON [OINBUftCM

BROWNE OF BLACKBURNE.

Sable, a Dagger in bend proper, and in chief a Boar's
Head erased argent.

{Lyon Register 1677.)

SCOHa FERCUiOH [OINBURGH

BROWN OF LONDON AND
DANTZICK, Baronet, 1699.

Azure, on a Cheveron wavy between three Fleurs-de-lis
or a Thistle slipped vert.

{Lyon Register, 1693.)

SCOUS FCRGU50H EDINBURGH

BROWN OF ELLIESTON.

(County Roxburgh.)

Gules, on a Cheveron between three Fleurs-de-lis or, a
Crescent of the first between two Martlets azure, all
within a Bordure wavy argent.

{Lyon Register, i6t/i August 1769.)

OCOM A reRCUSOII COIHBURGH

BROWN OF NEWHALL.

(County Edinburgh.)

Gules, on a Cheveron between three Fleurs-de-lis or, a Garb
vert banded azure.

{Lyon Register nth August 1781 },oth March 1827.)

SCOITi FtnCUiON EDINBURGH

BROWN OF WATERHAUGHS.

(County Ayr.)

Gules, on a Cheveron between three Fleurs-de-lis or a
Ship, her sails furled sable, all within a Bordure of
the second.

(Lyon Register, \st August 1806.)

scon a :

BROWN OF ECCLES.

(County Berwick.)

Gules, a Sword fessways proper between three Fleurs-de-lis or.
{Lyon Register, \\th March 1808.)

SCOTTafCHliUiOH EDINBURGH

FORSYTH-BROWN OF WHITSOME-
NEWTON. (County Berwick.)

Gules, on a Cheveron between three Fleurs-de-lis or, a
Pellet between two Mullets sable.

{Lyon Register, \a,th February 1S56.)

SCOTT S rtRGUiOH COlMBURGH

DENNISTOUN-BROWN OF BALLOCH,

(County Dumbarton.)

Parted per pale gules and azure, a Cheveron between three
Fleurs-de-lis or, on a Canton argent a bend sable.

{Lyon Register, 1864.)

SCOU & cC°CU5Gl< EDIHBURGH

BROWN, now TROTTER, of Horton
Place, County Surrey, also quartered
by Claud Hamilton Hamilton, formerly
Brown, Esquire.

Azure, a Cheveron checquy argent and sable between
three Fleurs-de-lis of the second.

[Lyon Register 1865 and 1869.)

SCOT! ft rCRCuSOH.F.OI'JEUPGH

BROWN-MORISON OF FINDERLIE.

(County Kinross, and West Errol and
Coupar Grange, County Perth.)

Gules, a Cheveron between three Fleurs-de-lis argent.
{Lyon Register 1866.)

scon a rcK&uson cdinburgh

EARL OF CASTLEHAVEN in Ireland,

and BARON AUDLEY OF

HELEIGH in England.

First and Fourth, Ermine, a Cheveron gules, forTouchet;
Second and Third, gules, a Fret or, for Audley.

(Sir Bernard Burke, Ulster King of Arms.)

SC01I 4 f FPLJSON ^OiMSUfCH

INDEX.

Abekcorn, chukch of, 10.

parish of, 59, 63, 72.

Abercromby, Sir Robert, of that Ilk, 89.
Aberdeen, Alexander, Bishop of, 4, 85.

Bishop of, 2, 200.

Cathedral, 5, 84.

William, Bishop of, 5.

Aberdeenshire, 2, 4, 5, 9, 11, 76, 80, 83, 85, 101,

146, 200, 201, 204.
Abergeldie, 5.

Aberkerdour, vicarage of, 200.
Abernathie, George, 129.
Abernethy, parish of, 25, 35, 111, 130, 131, 140,

209, 210.
Abingdon, 146.
Adair, Miss Jane, 1 92.

John, of Altoun, 192.

Patrick, 192.

Robina, 192, 193.

William, of Kiuhilt, 192.

Adam, Alexander, architect, 73.

Helen, 75.

Isobel, 60, 73.

Adamson, Alexander, 220.

Anna, 130.

Elizabeth, lady of Fordell, 21, 115, 117, 119,

123, 126, 128, 194.

Henry, bailie of Perth, 25.

James, Provost of Perth, 25.

J&iiiss 1*^0

Janet,' lady of Raukeillor, 25, 52, 130.

Mr. John, advocate, 119.

Katherine, 130.

— —Margaret, Lady Fordell, 24, 119, 120-124,

128, 129, 194.

Mr. Robert, 122, 124, 129.

William, of Craigcrook, 21, 24, 119, 120,

122, 123, 124, 129, 130, 146, 194.
Adinston of Carcant, 192.

Lieutenant John, 28.

Margaret, 192.

Affleck, Mr., 72.

Ainslie, James, merchant, Edinburgh, 111.

Airland, Henry, 159, 100.

Aitkin, Alexander, monk, 149.

James, writer, 129.

Alburne, Henry, 114.

Aldenburg, Count Bentinck, 19S.

Alerdes, Mr. James, Provost of St. Andrews, 91.

Alexander ii., 9.

Alexander, John, 114.

Mr. Robert, of Blackhouse, 181.

Thomas, of Skeddoway, 52, 53, 170, 172.

William, of Menstrie, 207.

Allan, Elizabeth, 192.

■ Thomas, notary, 172.

Allen, Margaret, 56.
Alyth, parish of, 35.
America, 202.
Anderson, Adamina, 68.

Catherine, 56.

Charles, 58.

David Brown, W.S., 68.

David, 154.

family of, of Tushilaw, 68.

Hannah Cassels, 68.

Mr. James, minister of West Calder, 60.

■ Jane Still, 68.

Margaret, 55.

Robert, burgess of Perth, 158.

William, in Kintillo, 56, 163, 185.

of HaUyards, M.D., 68.

Andrew, Thomas, Esq., 70.

Angus, Archibald, Earl of, 26, 92, 130, 131, 209.

Dean of, 11.

John, in Langsyde, 112, 149.

Annan, Henry, 2, 83.

Mure, 30.

Annandale, Earl of, 31.

Arbroath, Abbot of, 200.

Arbuthnot, Mr. George, Rector of the High School

of Edinburgh, 1S4.
Archer, Anna, 68.

James, R.S.A., 68.

Ardchulzine, lands of, 111.
Ardmeallie, 80.
Ardoun, lands of, 209.
Argyll, county of, 68, 77, 198.

John, Duke of, 61.

Arngask, kirk of, 25, 39, 48.

parish of, 1, 14, 35.

mill of, 26,41, 119-121, 125-127, 131-133,

210.
Arnot, Colonel Charles, 38.
Elizabeth, Lady of Fordell, 14, 15, 90, 91,

92.

Florence, Lady Rattray, 92.

Mr. George, 103.

— — Helen, Lady Annacroigh, 92, 93.
Lady of Fingask, 15.

2 F

222

INDEX.

Arnot, James, of Ferny, 46, 143.

Janet, 15.

John, of that Ilk, 14, 92.

Walter, of Balharton, 92-96.

Canon of Duukeld, 13-15.

Walter, 90, 91.

William, of Balbarton, 14, 15, 92-96, 146.

Arran, island of, 56.

Arthour, Mr. John, 160.

Athole, Earl of, 9, 13.

Auckinleck, George, of Balmanno, 118.

Auchmoutie, Sir David, of that Ilk, 172.

George, of that Ilk, 157.

Auchmayre, lands of, 4, 85, 153.

Auehtermuchty, 136, 214.

Aughindraive, lands of, 2, 83.

Ayr, county of, 1, 2, 43, 44, 47, 61, 79, 83, 196,

198, 203.
Ayton of Ayton, 52.
Aytoun, Mr. David, 148.

George, of Iuchdarny, 154.

Sir John, of that Ilk, 176, 177.

Mr. Robert, of Inehdairnie, 54.

Baillie, Sir Gideon, of Lochend, 190.

■ Magdalene, Lady Colquhoun, 190.

Baith-Boualey, 208.

Baith-Coutts, 208.

Balbarton, lands of, 15, 20, 26, 92-99, 109, 117,

119, 122, 125, 127, 130, 157.
Balbirny, David, 8.

George, Serjeant of Dunkeld, 8.

John, of, S.

Johanna, 8, 9.

Margaret, 8.

Balbougie, estate of, 49, 208.

Balcarres, Alexander, Lord, 31, 32, 38, 39, 194.

Balfour, David, in Inchery, 98.

of Sandfurd, 176, 177.

George Hay, of Leyes and Randerston, 141.

Mr. Henry, advocate, 103.

James, writer in Edinburgh, 183.

Sir James, Lord Lyon, 27, 28, 39, 49, 85.

Lord, of Burley, 20.

Margaret (Mrs. Keir), 130.

Michael, of Innerquhany, 100.

of Denmylne, 112, 220.

of Pitmedden, 130.

Mitchell, 103.

Rachel, 204.

Colonel William, of Trenaby, 78.

Balhabroun, lands of, 16, 98.

Balharry, lands of, 97.

Ball, Sir Alexander John, Bart., of Malta, 202.

■ Captain, 202.

Ingram, 202.

James Robert, 202.

Balleny, William, tenant of Bellslaw, 192.
Ballingall, James, 141.

William, 106, 109.

Balmayne, John, 34, 103.

Balmerino, John, Lord, 58.

Balrame, Mr. Hercules, 100.

Balvaird, David, 38.

Balwerie, lands of, 114.

Banff, shire of, 4, 80, 83, 85, 88.

Bannerman, Alexander, of Watertoun, 201.

Baptie, Patrick, 191.

Barclay, David, of Collernie, 43.

of Strowie, 103.

John, of Colairny, 43.

Robert, of Colairny, 44, 141, 172.

Thomas, 43.

Barlow, Elizabeth, Lady Willonghby, 145.

Randolph, Archbishop of Tuam, 145.

Barrowman, John, in Newmilne, 180.

Bath, 205.

Bayrs, Andrew, burgess of Cupar, 174.

Beatton, David, fiar of Boudoie, 178.

Beleraumbe, Ferchard, Bishop of Caithness, 84.

Belhaven, Lord, 46.

Bell, Celester, in Fordie, 109.

Bellabeg, lands of, 200.

Ben, Alexander, in Fordell, 157.

Berriehill, lands of, 111.

Bervie, 136, 214.

Berwick, county of, 1, 3, 32, 62, 72, 73, So, 190,

192, 203, 204, 205.
Bethune, of Balfour, 52.

of Bandon, 55.

Betsone, James, 157.

Beveridge, Mr. James, writer in Edinburgh, 1S2.

Bickerton, Admiral Sir Richard, 74.

Bigger, Mr. Thomas, 114.

Binning, Thomas, Lord, 112.

Black, David, writer, 174.

John, in Coldenbeath, ISO.

William, bailie-depute of Dunfermline, 180.

Blair, Andrew, apparent of Rossy, 158.

David, of Adamton, 206.

James, 174.

John, of Balthayock, 203.

Blairhall, Lord, 184.

Blairstruo, lands of, 25, 35, 38, 41, 44-47, 130-

134, 143, 150, 210.
Blandrue, Brown of, 3.
Blantyre, Walter, commendator of, 155.

Lord, 207.

Helen, daughter of Lord, 207.

Blastrue, Mill of, 15, 90, 91, 97, 10S.
Bogle, Mrs., (Warner, Adeliza), 74, 75.

Charles, of the island of Tobago, 74.

Vere Warner, Hussey, Aberdour, 74.

Bombay, 62, 80.

Bon, Alexander, 109.

Bonaparte, Lucien, Prince of Canino, 206.

Bonar, family of, 42.

James, of Rossie, 135, 136, 207, 213, 216.

John, of Lumquhatt, 135, 213, 220.

Mr. John, minister of Torphichen, 60.

Bonkil, Mr. John, vicar of Lundeiff, 91.
Bonnyman, Mr. George, 113.

INDEX.

223

Borgia, Roderic, 9.
Boswell, Alexander, 100.

Mr. Andrew, 150.

Boswells of Balmuto, 49.

Boswell, David, of Glasmont and Balmuto, 17, 51,

98, 99, 100, 103, 150, 194.

Euffarne, 157.

George, 51, 100, 150.

■ Harry, 110.

■ James, of Easter Lochgelly, 51.

Sir John, of Balmuto, 51, 92, 100, 103, 146,

20S.

John, of Baglessy, 110, 150-152.

Katberine, Lady Fordell, 17, 21, 9S-103,

147, 148, 150, 167, 194.

Margaret, Lady Grange, 51.

Marjory, Lady Arnot, 92.

Bothwell, Isabella (Mrs. Coutts), 49, 147, 158,

20S.
Bothwell, Jean (Mrs. Sandilands), 170.

Mr. John, 170.

Patrick, Earl of, 92.

Bouteheour, Gilbert, 23.

Richard, 23.

Robert, 23.

Bowhill, estate of, 207.

Bowhouse, lands of, 46, 135, 143, 213.

Boyd, David, 124.

Sir Robert, 3.

Robert, 185.

Boyle, Robert, precentor of Aberdeeu, 86.
Braidfute, James, burgess of Edinburgh, 119.
Brand, Mr. John, minister of Bo'ness, 61.
Brazil, Empire of, 197.
Brechin, David, Lord of, 3, 39.

Castle of, 200.

Brodie, Alexander, 7.

of Letben, 52.

Brodwill, lands of, 26, 38, 209.

Brounhill, Adam, 23.

Brown, Adam, 2, 3, 4, 83, 85, 146.

archer, 6.

Agnes (Finmount), 165, 166, 167.

Alexander (Finmount), 53, 54, 56, 167.

■ Lieut., R.N., 73.

Andrew, 9.

Captain Andrew, of Johnstouburn, 184.

Andrew, 63, 181.

merchant in Perth, 113.

of Braid, 65, 184.

clerk of Kinghorn, 155.

(Savannah), 74.

Cassels, 67, 70, 71, 185, 1SS.

Angus, 5.

Anna (Pitkenny), 17.

Anne (Finmount), 59.

(Greenknowe), 67.

(Mrs. Hay-Gordon), 80.

Annie (Mrs. Forsyth-Graut), 80.

Frances, 80.

Annabel (Finmount), 54.

Brown, Antonia, of Fordell, 20, 14), 145, 179, 194.

Archibald, of Johnstonburn, 1S3, 1S4.

■ Arthur Cassels, 71.

Lundin, 76, 195.

Catherine, Lady Colinton, 15.

Lady Gask, 117.

(of Horn), IS.

(Melrose), 189.

■ (Finmount), 51, 52, 163, 164.

Charles, painter, 7.

Christian (Vicarsgrauge), 50, 53, 172, 175,

179.

Christopher Lundin, 76, 77.

Clementina (Horn), 18.

David, of Finmount, 17, 20, 21, 44, 45, 49-

53, 55, 96, 103-129, 147-170, 175, 194, 208.
Captain David, of Finmount, 55-57, 59, 176-

1S0, 194.
David, of Golf Hall, Bruntstield, 62, 63, 64,

65, 66, 194.
■ — — of Greenknowe, 66, 67, 70, 185, 186,

187, 188.

merchant in Edinburgh, 181, 182.

vicar of Edzell, 5.

minister of Glammis, 158.

in Abbotisdewglie, 34, 35, 130.

of Glendriston, 4, 83, S5-S8.

prebendary of Feme, S.

of Vicarsgrange, 49, 50, 170-174.

Elizabeth (Horn), 18.

(Fordell) 20, 49, 101, 115, 117, 152,

155, 157, 162, 163.

(Lady Alyth), 97.

(Finmount), 21.

(Melrose), 73, 1S9.

Elizabeth, 56, 79, 80.

■ Elizabeth Mary, 76.

Elspet, 151.

Emma, 4, 86, 87.

Elizabeth, 76, 77.

Lundin, 195.

George, Bishop of Dunkeld, 1-15, 88, 89, 90,

92, 96, 97, 146.

George, 5, 8, 12.

of Finmount, 53, 58, 59, 60, 63, 71,

109, 154, 158, 167, 169, 180, 181, 194.

chancellor of Dunkeld, S.

of Pitreuchie, 122.

of Horn, 18.

Mr. George, of Balbirny, 179.

Gilbert, in Kinglassie, 179.

Grizel, 18, 56.

Hannah, 67.

Elizabeth Cassels, 70.

Harriette Gordon, 80.

Sophia (Lady Christison), 6S.

Helen, 18, 73, 79, 80, 189, 193.

■ Lundin, 76, 195.

— Mary, 76.

Henrietta (Mrs. Tod), 61.

(Mrs. MacBrair), 66, 187.

224

INDEX.

Brown, Henry Hay, 79.

Henry, 2.

in Gospertie, 109, 160.

of Paanshill, 35.

56, 131.

Hew, 117.

Hugh, merchant burgess of Edinburgh, 111.

Isaac, 103, 106.

• Isabel (Lady Geanies), 19, 104-10S.

(Vicarsgrange), 53.

Lady Isabella, Lady Innerteill, 112, 113,

163.

Isabella (Mrs. Perrin), 79.

Isobel (Abercorn), 60.

(Mrs. Boswell), 51.

(Finmount), 155.

56.

James, of Horn, 35, 38.

(Finmount), 51, 159, 160, 162, 165.

(Fordell), 97, 101, 107, 109, 158.

of Pitreuchie, 122.

merchant in Edinburgh, 66, 187, 188,

189.

Dean of Aberdeen, 91, 97.

surgeon, 113, 179.

100, 106, 109, 110, 130, 140.

Adam, C.A., 79, 81, 196.

Cowley, 69.

Lundin, 76, 195.

■ Mr. James, minister at Melrose, 61, 71-75,

77, 182, 189, 190, 191, 194.

minister at Newbattle, 75, 77, 79, 194.

Rev. James Cassels, 71.

■ Mr. James, minister of East Calder, 54, 57,

58, 180, 194.

Jane, 3.

Lady Carrie, 25.

Lady Halyards, 68.

Janet, Lady Maw, 20, 101.

66, 75, 189.

Jean (Lady Halkerton), 21, 145.

(Mrs. Anderson), 58.

(Mrs. Fraser), 63.

of Greenknowe, 62.

(Mrs: Walker), 63, 182.

— 66, 181, 186, 187.

Jemima Ann, 69.

Henrietta, 69.

Joanna, 197.

John, 60, 61, 63, 73, 74, 189.

of Crabiston, 4.

of Kennate, 4.

of Fordell, 15, 17-21, 24-26, 54, 93,

95-110, 112-122, 155, 158.
of Fordell, younger, 21-24, 49, 55,

147-152, 157, 161, 162, 167.
— Sir John, of Fordell, 26-47, 55, 122-147,

194, 208-220.

John, of Fordell, 179. '

of Golf Hall, 64-67, 184, 185.

of Greenknowe, 70.

Brown, John (Finmount), 54, 130, 167, 169, 172.

of Hiuginside, 18.

of Horn, 18.

of Linktown, 179.

Mr. John, minister at Abercorn, 58, 59, 71,

72, 77, 194.

John, in Dundee, 12.

in Pitkenny, 100.

of Vicarsgrange, 50-53, 172-179.

Abbot of Melrose, 8.

of Migmar, 2-4, 83-85, 87.

clerk, 5.

merchant in Edinburgh, 185-188.

M'Kerrell, 79.

William, 79.

Eev. John Tod, minister at Dunfermline, 77,

79.

Joseph, 60.

Katherine (Lady Masterton), 17, 100.

(Fordell), 129.

(Lady Gask), 21.

(Finmount), 155.

(Vicarsgrange), 53, 175.

24, 66, 73.

Lilias, 53, 167.

Lucy Cassels, 71.

■ Margaret, 59, 66, 67, 75, 1S9.

(Lady Condy), 97.

(Lady Skeddoway), 53.

(Mrs. Johnston), 61.

■ (Mrs. Shoner), 54.

(Mrs. Melville), 57.

(Finmount), 167, 169.

(Vicarsgrange), 53, 54, 175.

Anne, 80.

Marion (Mrs. Gray), 75.

79.

Tod, 73.

Marjory, 63.

Mary, 66, 71, 185-1S7, 189.

Cassels, 188.

■ (Ashley), 68.

(Mrs. Pattison), 73.

Mina, 76.

Mrs., 63, 64, 65.

Nicholas, 5, 19, 109.

Nicoll, 21, 157, 160, 163.

Rachel, 18.

Richard, 1, 3.

of Fordell, 8, 13-15, 85, 89-97, 146.

Lundin, 76, 195.

Roberta, 80.

Robert, 2, 55, 61, 63, 100, 107, 108, 119, 120,

129, 189.

of Fordell, 15, 16, 24, 96, 97, 108, 109,

129.
of Finmont, 26, 49-54, 119, 120, 124,

130, 141, 155, 158, 162, 165, 167, 172, 175,
176, 181, 194.

Mr. Robert, of Pitkenny, 17, 21, 22, 51, 101,

103, 110-113, 122, 123, 12S, 129, 157, 161, 194.

INDEX.

225

Brown, Robert Edward M'Kerrell, 80.

■ Rev. Robert, Largo, 195.

Robert, W.S., 73, 74, 187.

Rev. Robert Lundin, 75, 77, 78, 194, 195.

Robert, merchant in Bombay, 80.

of Nether Cairnie, 55, 56.

of Kirklands, 73, 191.

Lieut. -Colonel Robert Johnston, 61.

Ronald, Leitfie, 35.

Stephen, 60.

Susanna Hodgson, 71.

Theodore, 76.

Thomas, of Braid and Johnstonbnrn, 64, 65,

66, 183, 184.

Hamilton, of Johnstonburn, 1S4.

merchant, 74, 185, 187, 189.

7, 12, 102, 109, 160.

in Mains of Malar, 117.

vicar of Anchtergaveii, 12.

Mr. Thomas, vicar of Prameth, 5.

Violet, 79.

Mr. Walter, 12.

William C'lephane, 76.

Licut.-Colonel, 80.

2, 5, 18..56, 61, 66, 102, 117, 15S.

(Fordell), 25. .

(Dewglie), 119-126, 131, 194.

Sir William, 19.

William Lundin, 195.

Henry, of Ashley, 61, 68.

of Minton, 7.

family of, 1, 5, 6, 7, 18.

Browns in the service of the King of France, 6, 7.
Bruce, Agnes (Lady Adamton), 206.

Alexander, of Copmalundie, 151, 152.

Mr. David, 205.

Elizabeth, of Wester Abden, 51.

Sir George of Carnok, 112, 15S.

Jean, 158, 208.

John, of Wester Abden, 50, 51, 179.

Margaret, of Wester Abden, 51.

Marjory, 20.

Patrick, of Bunzune, 174.

Robert, of Blairhall, 20, 1 5S, 20S.

of Baldrig, 158.

fiar of Clackmannan, 20.

of Rennet, 20.

Lieutenant-Colonel William, 33, 36.

Bruces of Blairhall, 49.
Bruges, 8.

Brugh, William, in Kirkcaldy, 181.
Brun de Champignolles, 7.
Brunes in Champagne, 7.
Bruntisland, 38.
Buccleughe, Earl of, 29.
Buchan, James, Earl of, 88.
Buchanan, Anna, SO, 197.

Sir George, 40.

Herbert, of Arden, 81, 197.

Buist, John, 141.
Bullok, Robert, S7.

Burdett, Angela Georgina, 206.

Sir Francis, 206.

Sir Robert, 206.

Burnet, Alexander, of Leys, 200, 201.

Annie E. B., 68.

Elizabeth, 201.

■ Mr. James, 200.

William, Esq., 68.

Burt, Alexander, 34, 141.

■ Mr. Arthur, 47.

Burte, David, 34, 155, 157.
Burtis, John, 34.
Butchart, Robert, 116.
Butchert, Gilbert, 116.

Thomas, 116.

Bute, Earl of, 184, 206.
John, Marquis of, 206.

Caekatjche, Forest of, 4, 85.
Calabyr, William of, 86.
Calder, East, parish of, 57, 77.

58, 59, 180.

West, 60.

Callander, Earl of, 32.

Calum, Alexander, in Woodmilne, 180.

Calvie, David, 114.

Cambuskenneth, 120, 121, 126, 131, 211.

Henry, abbot of, 92.

Camera, Robert of, 86.
Cameron, Robert, 187.
Campbell, Surgeon-Major Alexander Dugald, 67.

Colin, of Jura, 198.

Admiral Donald, of Barbreck, 6S.

Duncan, of Barbreck, 77.

. Elizabeth, 198, 205.

George, 205.

James, of Treesbanks, 19S.

Grace Catherine, 77.

Helen, 184.

James, of Ardkinglass, 56, 198. ■

Lady Margaret, 58.

Mary, 198.

Robert, of Northwoodside, 203.

Thomas, Edinburgh, 184.

Candlish, Dr. R. S., 78.
Canonbie, 14.

Canongate, 14, 66, 114, 122, 130.
Cant, of Thurston, 63.

John, of Lauristoun, 119, 125.

Caputh, 11.

C'arberry, 47.

Carchrony, lands of, 2, 4, 85, 86, 146.

Cardine, lands of, 26, 38.

Carie, lands of, 25, 26, 38, 41, 111, 140, 209,

210.
Carlisle, 146, 147.
Carmichael, Mr. Alexander, 169.

Sir David, of Balmedie, 140.

Mr. George, Bishop of Glasgow, 9.

Carnegy, David, of Colluthy, 100.
David, Lord, 190.

226

INDEX.

Carnegie, Magdalene, 190.

Robert, of Kirktoun, 200.

Carny, Robert, 89.

Caroline, Queen, 19.

Carpow, lands of, 209, 210.

Carriden, parish of, 189.

Carsphairn, heritors of, 72.

Cassels, Andrew, merchant in Leith, G2, 67, 187,

188.
Cassels, Rev. Andrew, vicar of Batley, 08.

the Hon. Andrew, 62.

■ Hannah, 67, 185, 187, 188.

James, M.D., Lancaster, 70, 1SS.

Esq. of Flask, 188.

Robert, of Holland House, Quebec, 62.

Susanna, 70.

Walter Gibson, 62, 67, 185.

Richard, 62.

Castille, 6.
Cave, Mary, 184.
Cawdoun, Hugh, 119.
Ceylon, island of, 69, 73.
Chalmers, Helen, 196.

of Gadgirth,.196.

James, merchant, 196.

Channelkirk, parish of, 73, 192.

Charles i., 25, 26, 37, 42, 147, 176, 178.

Charnock, Cecilia, 62.

Charteris, Janet, of Amisfield, Countess of

Wemyss, 72.

Charteris, John, 110.

Cheape, Henry, 45, 142.

James, of Ormiston, 44, 142.

family of, 142.

Chene, Henry, Bishop of Aberdeen, S4.
Chisholm, of Cromlix, 190.

Janet, 190.

Thomas, 190.

Christie, Charles Maitland, of Durie, 76, 195.

Margaret, 76, 195.

Christison, Sir Alexander, M.D., 69.

David, M.D., 69, 71, 185.

Henrietta, 1S5.

James, 1S5.

John, advocate, 61, 69, 185.

Mary, 185.

Professor Sir Robert, Baronet, 61, 6S, 71,

185.
Chrystie, James, 157.
Clackmannan, 16, 9S, 207.
Clark, Sir Alexander, of Pittencrieff, 52.

Mr. Gilbert, of Pitteuchar, 52.

Cleghorn, Alison, 192.
Clephane, William, 170.

Mrs. D. Maclean, 195.

William, 179.

Clerk, Janet, 157.
Clavering, Charlotte Catherine. 61.
Clayhillis, Mr. Andro, 101.
Cleugh, Robert, Edinburgh, 182.
Cleveland, Earl of, 37.

Clouden, lands of, 184.
Cluny, castle of, 11, 13.

lands of, 12.

Cochrane, Lieut. -Col. Archibald, 193. .

Robina, 1 93.

William, 117.

Cockburn, Henry, 100.

John, younger of Ormiston, 95, 155.

Pjchard, of Clerkingtoun, 155.

of Langton, 202.

Coilacreach, 5.

Coldstream, 14.

Colfargie, lands of, 41, 130, 131, 209.

Collernie, laird of, 43.

CoUessie, parish of, 41, 46, 52, 139, 141, 143, 214.

Collins, Rev. Charles Creaghe, 6S.

Colquhoun, Catherine, 72, 190.

Francesca, 18.

Sir John, of Luss, 72, 190.

Colstoun, Brouns of, 1, 7.
Colt, Mr. Adam, 207.

Andrew, vicar of Redgortou, 206.

Blaise, burgess of Perth, 206.

George F. R., of Gartsherrie, 207-

• James, 207.

John, of Moneydie, 206.-

Mr. Oliver, advocate, 206.

minister of Inveresk, 207.

of Auldhame, 207.

Mr. Robert, 206.

Sir Robert, 207.

Robert, of Garturk, 207.

Thomas, 206.

William, 206, 207.

Colville, Grizel, IS.

Sir James, of East Wemyss, 15, 106.

James, of Ochiltree, 111.

161.

Master of, 18.

■ Robert, of Hilton and Ochiltree, 15, 92.

15, 18, 112.

William, Abbot of Culross, 15.

Colvin, Mrs., 80.

Rev. Robert F., 80.

William, of Craigielands, 80.

Comminges, 6.
Comrie, Elizabeth, 190.

of that Lk, 190.

Condland, lands of, 101.
Condie, Henry, 102.
Condy, William, 100.
Corstorphine, 47.
Corvin-Wiersbitzkij, Marie, 77.

Colonel Louis von, 77.

Cottouns, lands of, 15, 41-46, 130-134, 143, 150,

210.
Couper, John, of Nether Gogar, 1 1 9.
Couts, John de, 199.
Coutts, Agatha, 203.

Agnes, 204.

Mr. Alexander, minister of Strikathrow, 201.

INDEX.

227

t'ouper, Captain Alexander, 200, 201.

Alexander, in Cromar, 201.

of Grange, 207.

Provost of Montrose, 201-204.

merchant in London, 202, 206.

— (Ochtercoull), 201.

Allan, of Grange, 49, 147, 158, 207, 208.

Anna, 202.

Anne, 202.

the Baroness Burdett, 204, 206.

Catherine, 200.

Christian, 200, 20.3, 20S.

Concordia, 203.

Donald de, 199.

Edward Gabriel, 203.

Elizabeth, 49, 51, 147, 152-158, 194, 200,

201, 20S.

Eupheniia, 207.

Florentina, 203.

Francis, 205.

Frances, 200.

Mr. George, 20S.

George, 200, 201.

Helen, 20S.

- Hercules, 202.

Isobel, 202.

James, of Halgreen, 202.

of Keirn, 200.

of Muress, 201.

in Dantzic, 203.

. (several), 201-205.

Janet, 203, 204.

John, 157, 158, 204, 205.

John, of Ochtercoull, 200.

notary public, 204.

— Provost of Edinburgh, 202, 204.

■ Provost of Montrose, 201.

of Pitteuchar, 208.

Laurence, of Tullich, 200.

Margaret, 200, 201, 206.

Marjory, 200.

Mause, 207.

Patrick, 201-205.

Robert, of Coull, 200, 201.

Robert, 200, 204.

Colonel Robert, 20S.

Sophia, 206.

Stewart, 206.

Susan, 205.

Mr. Thomas, of St. Andrews, 200.

Thomas, merchant in London, 201, 203.

— notary public, 204.

William, 200, 201, 204.

Provost of Montrose, 201, 203.

Sir William, vicar of Innernochty, 200.

William Ernest, 202, 203.

William, of Ochtercoull, 201.

of Gavell, 201.

of Fullerton, 201.

Cowie, Jerome, 180.

Craig, Lewis, 5S.

Craig, Thomas, of Riccarton, 29, 58.
Craigie, Mrs Anne, of Dunbarnie, 75.

James, of Dunbarnie, 47.

Johu, of Dunbarnie, 47.

Craignathro, lands of, 16, 21, 23, 26, 96, 115,

117, 125, 127, 150.
Cramond, parish of, 21.
Crawford, David, Earl of, 24, 146.
Crawfurd, Alexander, 46, 100, 141.

■ Anne, 202.

Colonel, of Newfield, SI, 199.

Henry, of Monorgan, 202.

■ John, of Crawfurdland, 46, 141.

Letitia, 81.

Margaret, 81.

Moses, of Newfield, 198.

Crespigny, Sir Claude de, 198.
Crichton, Alexander, 103.
Elizabeth, 115.

Sir James, of Strathurd, 12.

John, 140.

Ninian, 115.

Robert, 125.

Crightone, Sir David, of Lugtone, 28, 125.
Crokat, Andrew, 184.

Charles, 1S4.

Elizabeth, 65, 184.

James, 65, 184.

Janet, 65, 184.

Jean, 184.

John, in Erneamery, 1S4.

Patrick, 184.

Thomas, of Johnstounburn, 65, 183, 184.

William, 1S4.

Croker, John Wilson, M.P., 197.
Cromartie, George, Earl of, 20.
Cromwell, Oliver, 37, 41, 48, 173, 176, 178.
Cruiks, Alexander, of Garturk, 207.

Major Alexander, of Garturk, 207.

Elizabeth, 207.

Culphad, lands of, 184.
Culross, abbey of, 101.
Cultobraggan, laird of, 190.
Ciunyn, William, of Kilbryde, 2.
Cunningham, Donald, of Akinbar, 112.

Sir James, of Glengarnock, 160, 161, 163.

Margaret, 196.

Robert, of Auchinhervie, 196.

William of Glencairn, 97.

writer, 112.

Cupar, John, 118, 125.

Cupar, 55, 83, 170, 172, 174, 176, 178.

Currie, John, 34.

Cushny, family of, 200.

Cuthilgurdy, lands of, 110.

Dairsie, parish of, 51.
Dalbaty, barony of, 89.
Dalgleish, Mr. Alexander, 60.

James, 187.

Mr. Robert, 61.

228

INDEX.

Dalgleish,Williarn,D.D,inimsterof Peebles, 62, 188.

Dalkeith, 78, 112, 119, 125, 192.

Dalryniple-Horn-Elphinstone, Sir Robert, Bart., SO.

Dambach, 6.

Dantzick, 18, 19, 201, 203.

Darling, William, 187.

Davidson, Christian, 170.

Marion, 57.

Mary, 179.

Patrick, 169.

Davie, Jane, 73.

John, of G-avieside, 73.

Major Adam, 73.

Denmark, 7.

Dennestoune, James, 173, 174.
Dennistoun, Sir Robert, 54.
Derby, county, 206.
Descury, Captain, 202.

Captain James Henry, 202.

Deskford, James, Lord, 61.

Dewglie, barony of, 25, 26, 41, 119, 120, 121, 125,

126, 127, 131, 132, 133, 134, 210, 211.
— Abbot's, 34, 47, 49.

"Wester, 47.

Dick-Lauder, Sir Andrew, 65.
Dick, William, 112.
Dickson, David, M.D., 47.

Sir Robert, of Sornberg, 47.

Digby, Lord, 29, 30, 146, 147.
Dods, Harriet E. W., 79.

Lieut. -Colonel P., 79.

Doebler, Gotthilf B., 203.
Doge, James, 116.
Donaldson, Andrew, 89.

Misses, 186.

Douglas, Alexander, W.S., 131, 140.

Archibald, 110.

Earl of, 5.

Baronage, 15.

Sir Charles, Bart., 68.

Gavin, 100.

Helen, 58, 194.

James, 113, 125.

Sir James, 184.

John, in Kennestoun, 100.

Patrick, 131.

Robert, of Tilliquhillie, 146.

Thomas, of Annacroigh, 92.

William, of Moffat, 95.

Sir William, of Pompherstoun, 59.

Mr. William, advocate, 131.

William, Earl of, 4, 85.

Dow, John, 141.

George, 56.

Dronlaw, lands of, 83.
Drum, lands of, 101, 163, 167.
Drumcairn, 19, 111.
Drumclochop, lands of, 143.
Drumlaw, lands of, 135, 213.
Drununond, Alice, 190.
Annabella, 189.

Drummond, David, 110, 190.

Duncan, of Pitkellony, 190.

Elizabeth, 190.

Harry, of Pitcairns, 29.

Helen, 72, 189, 190.

Hugh, 1S7.

James, of Pitkellony, 190.

John, of Pitkellony, 72, 189, 190.

Captain John, 190.

Captain Laureuce, Medhope, 72, 190.

Malcolm, Earl of Mar, 1S9.

of Pitkellony, 189.

Sir Maurice, of Concraig, 1S9.

Maurice, of Pitkellony, 190.

Patrick, Lord, 110.

Thomas, of Drummondernock, 190.

Dublin Castle, 41.

79, 145.

Duddingston, laird of, 60.

Dumbreck, John, 86.

Dumfries, 29, 30, 75, 147.

Dunbar, burgh of, 203.

Dunbog, parish of, 43.

Duubullis, Wester, 25.

Duncan, Margaret, 171.

Dundas, Archibald, of Fingask, 15, 17, IS, 20, 93,

95, 96, 112.

George, of Duddingstoun, 60.

John, of Newliston, 125.

John, 188.

Sir Walter, of that Ilk, 51, 160.

Dundee, 5, 8, 9, 11, 19, 33, 34, 69, 105, 202.

Dundonald, parish of, 79.

Dunfermline, 39, 40, 56, 78, 114, 147, 14S, 149,

150, 15S, 165, 176, 177, ISO, 207, 208.
Abbot of, 21, 49, 150.

George, Abbot of, 92, 177.

Alexander, Earl of, 27, 112, 161.

Dunkeld, Alexander, Bishop of, 24, 26, 118.
8, 9, 10, 11, 12, 36, 47, 90, 91, 97, 130, 132,

134, 150, 210.

■ bridge of, 12, 13.

chapter of, 8, 13.

Duncan, Bishop of, 12.

Henry, Bishop of, 46.

Dunlop, Alexander, of that Ilk, 44, 46, 56, 57,

142, 144, 145, 194.

Francis, of that Ilk, 181.

Jean, 203.

Sir J., Baronet, 44, 142.

James, of Garnkirk, 203.

Sir John, of that Ilk, 47, 181.

laird of, 43.

Dunse, 36.

Durham, John, of Duntarvie, 60.

General, 75.

Durie, David, 206.

George, 175.

Henry, 170.

Jane, 206.

Mr. John, 160.

INDEX.

229

Durie, lands of, 54.

barony of, 175.

Lord, 54.

■ ■ Robert, of Newtoun, 170.

William, of Wester Newtoun, 170, 174.

Dysart, 14, 41, 53, 140, 155, 162.

Earn, Bridge of, 12.

Water of, 163.

Easter Elcho, barony of, 16, 98.
Echlin, Henry, of Pettadro, IS.
Edinburgh, 14, 26, etc.

Castle, 10.

Ednam, Mr. Thomas, canon of Aberdeen, 5.

Eglinton, Earl of, 27, 38, 43.

Eilsland, 136, 143.

Eiston, John, 1S5.

Elder, Henry, clerk of Perth, 158.

Elgin, 1.

Eliot, John, 119.

Elisone, Janet, 171.

Ellice, William, M.P., 62.

Ellis, Mr. George, minister of Carriden, 190.

Katherine, 190.

Elphinstone-Dalrymple, Helen F., 80.
family of, 207.

Einsiedel, Clemens, Count, 198.
Erskine, Anne, 20.

Arthur, of Scotscraig, 29.

Sir George, of Innerteil, 19, 50, 52, 111,

112, 113, 146, 163, 167, 168, 169.

Margaret, 20.

Marion, 189.

Sir Robert, 189.

William, 54.

Errol, parish of, 35.
Eskbank, village of, 75.
Essex, county, 78.
Ewing, Johne, 33.
Ettale, Walter, 87.

Eviot, Colin, of Balhousie, 118, 151, 152.
Ewen, name of, 184.

Fair, Margaret, of Langlee,' 70.
Fairie, Gilbert, 131.
Fairlie, Elizabeth, 197.

James, 109.

Robert, of Braid, 119, 125.

■ William, of Fairlie, 197.

Falkirk, battle of, 2, 4, 40, 85, 146.
Falkland, 101, 110, 12S, 142, 155, 163.
Fall, Robert, merchant in Dunbar, 203.
Fargies, mill of, 41.
Fenton, James, 90.

Fergusson, Rev. Donald, minister of Free Church,
Leven, 78.

■ of Easter Dalnabreck, 78.

Feme, George, Archdeacon of Dunkeld, 9.
Ferrefield, lands of, 209.
Fife, 14, 16, 20, etc.
Finlason, Sergeant Robert, 28.

Finmount, 1, 20, 21, 26, 49, 50, 53, 54, 55, 71,
100, 108, 109, 110, 118, 147, 148, 149, 161,
165, 176, 177, 179, 180.

Easter, 59, 156, 181.

Fisher, Michael, 65.
Flamborough Head, 29.
Fleming, Giles, 206.
Flint, John, 5S.
Flodden, 13, 15.
Foodie, lands of, 116.
Forbes, Sir Alexander, 4.

Alexander, of Towie, 200.

. of Newe, 200.

Anna, 54.

Callam, 201.

Duncan, advocate, 181, 200.

Isobel, or Elizabeth, 200.

John, of PetBugge, 200.

Margaret, 200.

Mr. Richard, 5.

Sir William, 203, 205.

Fordell, 1, 9, 12, 13, 18, 21, 24, 25, 41, 46, 47,

48, 51, 71, 90, 93, 100, 102, 109, 118, 129,

133, 146, 150, 156, 161, 163.
Easter, 15, 26, 35, 38, 41, 44, 46, 47, 90,

91, 97, 130, 132, 133, 134, 143, 150, 159, 210.

Wester, 41, 130, 210, 211.

Fordie, Nether, lands of, 24, 26, 35, 115, 118,

125, 127.
Fordoun, 85.
Fores, Oliver, 86.
Forfar, 16, 18, 21, 22, 24, 26, 33, 37, 62, 67, 69,

110, 122, 125, 126, 150, 202, 211.
Forgund, parish of, 10S, 115, 118.
Forgandenny, 13, 25, 101, 130, 210, 211.
Formartine, thanedom of, 2, 83.
Forman, Sir Robert, Lyon King-at-Arms, 1.
Formby, parish of, 70. <
Forrester, Robert, in Fordell, 141.

WUliam, W.S., 204.

Forrett, James, 170.

John, of Feingass, 150.

Forsyth-Grant, George J., advocate, SO.

William, of Ecclesgreig, 80.

Forteviot, parish of, 55, 56.
Foster, William, 141.
Fotheringham, James, 12, 90.

Walter de, 12.

Foulis of Ingleby, baronet, 15.

Alexander, of Colinton, 125.

Mr. James, of Colinton, 15, 20, 97.

France, 6, 7, 24, 119, 132, 135, 165, 175.
Fraserburgh, 201.
Fraser, Ann, 182, 183.

Jean, 182, 183.

Fraser, John, W.S., 63, 66, 1S2, 188.

Mr. John, merchant in Gothenburg, 183.

Margaret, 1S2.

Simon, of Ness Castle, 63, 182.

Fresale, John, of Lestalrig, 92.
Fullerton, Elizabeth, 196.

2 G

230

INDEX.

Fullerton, Esther, 196.

James, of that Ilk, 196.

John, of Dreghorn, 196.

. Margaret, 196.

Fulton, Elizabeth, 198.

■ Humphrey, 197.

■ Margaret, 197.

Robert, of Hartfield, 197, 198.

. ■ William of Park, 197.

Fyvie, burgh of, 2.

Galloway, Dorothy, 25, 130.

Sir James, Lord Dunkekl, 25, 122, 130.

Mr. Patrick, minister, 130.

Thomas, son of Sir James, 122.

William, bailie of Edinburgh, 187.

Gardine, Adam, of Greenhill, 179.
Gairdner, Patrick, 169.

Robert, 174.

Garioch, Sir James de (? Andrew), 3.

83.

Gaw, Alexander, of Maw, 16, 20, 101, 146.

David, 161, 162.

- Elizabeth, 20.

John, of Maw, 20, 25, 112, 158, 161, 162.

Margaret, 158.

Geddie, John, 179.
Georgia, 74.
Germany, 29, 41, 145.
Gib, David, 165.

George, 157, 160, 162.

John, 171.

Gibraltar, 205.

Gibson, Sir Alexander, of Durie, 175.

Anne, 62, 67, 187.

Christian, 54.

Jean, 62.

John, 62.

Mrs., 62.

Walter, of Greenknowe, 62, 182, 187, 188.

Giffert, James, of Skeriffhall, 95.
Gillandriston, lands of, 3, 83, 84, 146.
Gilmure, Andrew, 156, 159.

Glammis, Lord, 14, S9, 92, 116, 170.

■ barony of, 41, 211.

Glasfoord, Andrew, 174.
Glasfuird, Patrick, 170.
Glasgow, 66, 73, 198.

Robert, Archbishop of, 92.

Gogar, 37.
Gordon, Janet, 200.

Jean, 201.

John, of Cairnborrow, 201.

Patrick, of Fulziemont, 200.

of Kincraigie, 200.

Gotz, Gotlieb, 203.
Gourlay, Agnes, 113.

John, in Elie, 179.

of Kincraig, 54.

Gourlaw, Thomas, 113, 170.
Govane, Robert, Anderston, 199.

Gowrie, John, Earl of, 151.

Gozo, island of, 193.

Graham, Mr. George, of Inchbrakie, 26, 120, 124,

146.

James, 1S7.

— — Lilias, 190.

Marjory, 190.

Mungo, of Orchill and Rathernis, 190.

Gratue, Eatrick, of Inchbrakie, 19, 150, 190.

Patrick J. F., of Inchbrakie, 19.

Grandison, Viscount, 37.

Grange, lands of, 17, 49, 111, 207.

Gray, Andrew, Lord, 92, 112.

of Southfield, 74, 75, 149.

of Lour, 125.

Charles, merchant in Edinburgh, 191.

Harriet, 75.

John, solicitor, 75, 187.

■ W.S., 75.

Robert, 185.

Mr. Samuell, 122, 124.

Greg, Andrew, 103, 179.
Greenrig, lands of, 203.
Greenside, estate of, 205.

Over and Nether, 209.

Greyfriars' Churchyard, 43.
Guildford, George, Earl of, 205.
Guthrie, Alexander, of Kincaldrum, 23.

Mr. Alexander, 122.

Ensign David, 28.

Henry, of Hawkerton, 145.

James, 124.

John, of Hawkertoun, 21, 23, 110, 129, 145,

146.
Guttoway, lands of, 209.

Haddington, 32, 50, 65, 74, 75, 184, 203, 207.

Haghie, Symon, 157, 159, 162.

Haitlie, Alexander, 154.

Halgreen, estate of, 202.

Haliday, Sir John, of Tulliboill, 113.

William, 113.

Halkheid, Sir James, 38.

Halliburton, Thomas, of Newmains, 203, 204.

Halyburton of Dirleton, 16.

Haltounfargis, 131, 209, 210.

Haltounhill, 130.

Hamer, Everilda, of Hamer, 70.

Hamilton, Agnes, 184.

Christian, 53.

George, of Grange, 51.

John, Lord, 155.

John, of Grange, 184, 185.

of Aikenhead, 196.

Mark, 125.

Robert, of Bathgate, 125.

■ Mr. Robert, minister at Moukland, 196.

William, Duke of, 56.

WiUiam, of Grange, 51.

of Wishaw, 46, 47, 57, 143, 144, 145.

Hammill, Robert, 193.

INDEX.

231

Hand, Frances Mary, 71.

'■ WilJiam, of Hartford, 71.

Hardie, Thomas, in Dasmill, 135, 213, 214.
Harrowby, Frances, Countess of, 206.
Hatton, William, ISO.

lands of, 26, 38, 57.

Hay, Mr. Francis, of Balhoussie, 220.
Hay, Gilbert, Constable of Scotland, 84.
Hay-Gordon, Adam, of Avochie, 80.

Anne M'Kerrell, SO.

Hay, Sir Jobn, 35.

of Easter Kennet, 113.

Richard, 124.

Hay, Robert, of Strowie, 34, 35, 130.

in parish, 141 .

William, 117.

Sir Nicholas de, 83.

Heagie, Margaret, 171.

Heltoun, lands of, 41, 209.

Henderson, Alexauder, in Wester Ballingall, 175.

John, 1S6.

Margaret, of Leaston, 60, 194.

Michael, of Croftmartine, 60, 194.

Henderson, Mr. William, 47, 95.
Hepburn, Mr. John, 1S2.
Herries, Agnes, 7.
Hering, James, of Lethendy, 12.

of Tulybole, 89.

Heriot, David, 119.

Margaret, 38.

Hewgon, Robert, in Cassidewglie, 34.
Hervey, Cecilia, 197.

■ ■ William, M.D., 197.

Hill, Rev. Alexander, D.D., Professor, 81.

Madeline, SI.

Hiltoun, lands of, 140.

Hirdman, Matthew, 171.

Hodgson, Rev. Francis, 70.

Hodgson, Mary, 70.

Holburne, Major-General, 32, 39, 40, 147.

Holland, 18.

Home, Beatrix, 36.

Home, Colonel, 29.

Home, David, minister at Dumbar, 101.

George, of Bassendean, 62.

Katherine, 62.

Hope, Charles, merchant in Edinburgh, 182.

John, Lord, 61.

Home, Hendrie, 34.

William, 34.

Horner, Mr. Leonard, 70.
Homes, Andrew, 34.
Houstoun, Harriet, 74.

Sir Patrick, of that Ilk, 74.

Mr. James, minister of Kirkliston, 61.

James, surgeon, 74.

Howden, Robert, Esq., 80.
Howieson, Isobel, 111.
Humbie, parish of, 60.
Hume, Alexander, Lord, 92.
Hunter, John, 1 1 0, 205.

Huntingdon, county of, 74.
Huntly, Earl of, 200.

■ Marquis of, 201.

Hussey, Eleanor, 74.

Lieut.-General, 74.

Hussey, Vice-Admiral Sir Richard, 74.

Imrie, William, in Lastrine, 141.

India, 62, 80, 199.

Iuglis, Alexander, 10, S9, 114, 140, 170, 176, 177.

Katherine, 49, 50, 167, 168, 169, 171, 172.

James, of Nether Cramond, 119, 125.

John, 49, 169, 172.

Margaret, Lady of Colquhalzie, 190.

Patrick, of Byris, 118.

Inneruochty, lands of, 200.
Innerteill, lands of, 114, 163.
Invercauld, 5.
Inveresk, 47, 191.
Inverkeithing, 39, 40, 147.
Inverness, county of, 63.
Inverquhothill, barony of, 89.
Inverury, 5.

Irland, Henry, in Strahenrie, 162.
Ireland, John, 95.

2, 119, 132, 135, 165, 173, 190.

Irvine of Drum, 200, 201.
Irving, Thomas, 131.
Irwin, John, 89.

James i., 13.

II., 6, 9.

in., 9, 10.

vi., 19, 20, 93, 111.

Jameson, David, 170.

Jamesone, Thomas, 149.

Jamisone, John, in Dunfermline, ISO.

Jardine, Adam, of Greenhill, 57.

Jedburgh, Thomas, abbot of, 96, 150.

Johnston, Andrew, of Rennyhill, 195.

Johnesoun, Matilda, 9, 14, 15, 92, 93, 94, 95.

David, D.D., minister of North Leith, 61,

182, 187.

Dr., 67.

Mrs. Elizabeth, 61.

Helen, 61.

John, minister of Arngask, 61.

in Cultmalundie, 131.

Mr., of Lathrisk, 45, 47.

Rachel, 195.

Stephen, 3.

Johnstone, Sir Archibald, 33.

Elizabeth, 207.

Sir John, 33.

Joseph, Lucy, 79.

Richard, merchant in London, 79.

Kae, James, 117.

Keir, Laurence, of Nether Colcuquhair, 130.

Thomas, 91.

Keirprone, lands of, 163.

232

INDEX.

Keith, Robert, 84, 88.

William, 88, 1S3.

Kellie, Earl of, 19, 127.

Kelso, William, of Dankeith, 59, 181.

town of, 62.

Keimoway, parish of, 76.

Kent, county, 78.

Kenyon, Hon. William Trevor, 80.

Ker, Andrew, of Phemyhirst, 149, 150.

George, 150.

■ John, 100, 162.

■ William, 149, 150.

Kernecrose, William, of Balmachonuer, 116.
Kerr, Jean, 60.

Sir John, of Lochtour, 60.

William, of Cherrytrees, 60.

Kew Green, 19.

Kibble, James, of Whitford, 198.
Kilgour, Robert, in Pitcaney, 157.
Kilmarnock, barony of, 3.
Kilquhis, lands of, 135, 213, 214.

Wester, 136, 214.

Kinbothe, John, 102.

Kincardineshire, 201, 202.

Kincraig, laird of, 166.

Kinfauns, parish of, 35.

Kinghorn, John, Earl of, 50, 114, 170, 211.

parish of, 14, 49, 52, 93, 94, 110, 125, 163,

167, 171,173.

Easter, 50, 53, 117, 168, 175.

Patrick, Earl of, 170.

Kinglassie, 1, 20, 52, 59, 14S, 155, 161, 165, 177,

180.
Kingsmuir, 26, 125, 126, 127.
Kinloch, lands of, 135, 213.

Easter, 135.

John, 157.

Kinloss, John, 52, 20S.
Kinros, Mr. Harie, 110.
Kinross, county of, 60, 163.
Kinstair, laird of, 200.
Kintillo, William, 34.

land of, 56.

Kippo, 41.

Kirkcaldy, 46, 56, 103, 150, 161, 207.

Sir William, of Grange, 21, 100, 149, 150.

Kirkcudbright, 7, 77, 79.

Kirkmaiden, parish of, 192.

Kirkness, barony of, 49, 55, 152, 155, 177.

Kirknewtou, 57, 69.

Kirkpatrick, John, 146.

Thomas, of Closeburn, 146.

Kirktoun, 143.

Kirkwood, Gilbert, of Pilrig, 125.

Kirriemuir, 97.

Kisson, Janet, IS.

Mr., merchant in Dantzic, 18.

Knobelsdorff, Pauline, Baroness, 77.
Knockespock, lands in, 5.
Knocknarry, 88.
Knox, Joseph, 174.

Kynballoch, 9.

Kyninmonth, John, Bishop of Brechin, 84.

Kynnymonth, Colonel, 28.

Kyntor, Elizabeth, 5.

■ Willelmus, 5.

Lame, Alexander, 162.

Lambert, General, 33, 39, 40, 41.

Lamberton, William, Bishop of St. Andrews, 84.

Lamont, Mr. John, 39, 43, 53, 54, 57.

Lanark, Earl of, 27.

county of, 81, 198, 203, 207.

Lancaster, county of, 70, 71, 76.
Langdale, Sir Marmaduke, 30.
Langton, 113.

Largo, parish of, 75, 77, 78.
Lauder, Bishop, 14.

Ludovick, of Adieston, 125.

parish of, 192.

Robert, of the Bass, 10.

Thomas, 12.

Lauderdale, Earl of, 193.
Lauriston, 65, 67, 70, 187, 188.
Law, Agnes, 195.

Christian, 114.

George, of Brunton, 195.

Isabel, 195.

La wick, Thomas, 117.
Lawtie, Adam, 154.
Le Neve, IS.
Learmonth, John, 169.
Leburn of Pitlochie, 47.
Lerlhuss, Adam, 87.
Ledintoseach, lands of, 2.
Leitch, John, in Couvie, 170.
Leith, Mr. Forbes, 7.

Links, 29, 39, 43, 61, 68, 7S, 119, 147.

Lennox and Richmond, Duke of, 27.

Regent, 200.

Earldom of, 21.

Leslie, Alexander, 133, 138.

Charles, 185.

Sir John, of Newtoun, 176, 177.

Major-General, 67.

General, Earl of Leven, 26, 27, 32, 37, 38,

147.

Isabella Fanny, 67.

parish of, 14.

Lesley, John, of Birckhill, 27.

Leth, William, burgess of Aberdeen, S6, S7.

Leukauos, Eberhard von, 77.

Lichtoun, Walter de, 199.

Liddell, George, in Fitimount, 156.

Lile, Robert, Lord, 92.

Liudores, lands of, 17.

Patrick, Lord, 110, 111, 112.

Lindsay, Catherine, 24, 120, 146.

Mr. David, minister of Forfar, 117.

David, Lord Balcarres, 26, 122, 123, 124,

128, 129, 130.
Isobel, 42.

INDEX.

233

Lindsay, James, of Dowhill, 15S.

Janet, of Dowhill, 52.

Sir John, of Balinscho, 24, 146.

Mr. John, of Balcarres, 24, 140.

Margaret, 162.

Mary Butler, 76.

Patrick, Lord of the Byres, 43.

. Hon. Robert, of Balcarres, 76, 120, 124,

129, 130

Mr. Robert, 26.

William, canon of Glasgow, 2, 83.

Linlithgow, county of, 51, 58, 59, 60, 61, 18S,

190.
Litlejohn, James, 173, 176, 178, 179.

■ John, 179, 220.

Liverpool, 71, 78, 79.
Livingstone of East Wemyss, 92.
Lochburn, 135, 136, 213.
Lochellbank, 47.
Lochrig, lands of, 203.
Loehurie, 135.
Logan, Catherine, 207.

John, of Bonnyton, 207.

■ Peter, in Aberargie, 102.

Logie, Sir John de, 3.

London, 29, 66-6S, 76-79, 87, 146, 201-205.

Longforgan, parish of, 35.

Lothian, Earl of, .38.

Marquess of, 75.

Lorimer, James, of Kellyfleld, 69.
Loudon, Earl of, 43.
Low, Adam, 47.

David, 47.

Lucklaw, Alexander, in Cupar, 170, 179.

David, 170.

Luiklow, James, 179.
Lumquhatmillne, lands of, 136, 214.
Lumnuhat, 136, 138, 139,214, 216.
Lumsden, Jean, 200.

Margaret, 20.

Thomas, parson of Kinkell, 165.

Thomas, 105.

William, 149.

Lundin, Andrew, 195.

Anne, 195.

Christopher, of Auchtermairnie, 75, 195.

David, of Newhall and Auchtermairny, 195.

Elizabeth, 75, 195.

Euphemia, 76, 195.

Sir James, 195.

James, of Auchtermairny, 195.

John, of that Ilk, 52, 195.

of Auchtermairny, 195.

■ Richard, of Auchtermairny, 195.

Lundie, Alexander, of Conland, 151.
Lundin, Robert, of Balgonie, 20.

of Newhall and Auchtermairny, 195.

William, of that Ilk, 195.

lands of, 52.

Lundy, Andrew, of Cairn, 172.

■ of Carrie, 20, 45, 140, 145, 178, 179.

Lundy, Andrew, of Conland, 20, 100, 101, 110,
130, 146, 155, 161, 163, 165, 167, 220.

barouy of, 5, 165, 166.

David, 165, 167, 176, 177.

— . — George, of Gorthy, 118.

John, of that Ilk, 165.

■ of Conland, 169.

Lycett, Fanny, SO.

William Edmund, 80.

Lyall, Margaret, 116.

Lyell, James, 23.

Lyon, 7.

■ Register, 18, 19.

Sir Thomas, of Auldbar, 22, 23, 24, 125, 126,

127.

Lyouu, John, 3, So, S9.

MacAlexandek, Fergus, M.A., 196.
M'Ara, Mr., 34.

M'Beath, James, in Dunfermline, ISO.
Macbrair, Alexander, 66, 185, 1S7.
M'Call, James, of Braehead, 198.

Mary, 198.

M'Douall, John, of Logan, 192.
M'Dowall, Archibald, 1S5.
M'Kwiug, John, in Coiidocloich, 34.
M'Fie, Major, 74.
M'Gill, Mr. Alexauder, 149.
Macgill, James, 172, 178, 194.

Johanna, 52, 167.

Laurence, 119.

Lilias, 52, 54, 165, 194.

of Rankeillor, 25, 52-55, 172, 176, 177.

M'Gregour, Mr., 34.

Macias, Juan, merchant, 74.

Maekaile, Mr. Matthew, 56.

Mackenzie, Mr. George, 179.

Mackenzie, Sir John, of Tarbat, 20, 115, 169.

M'Kenzic, William, 187.

M'Kerrell, Agnes, 196, 198.

Anna, 196.

Anne, 79, 19S.

Archibald, of Auldmuir, 197.

Augusta-Jane, 198.

■ Augustus de Segur, 19S.

Barbara, 196.

Elizabeth, 196, 197.

Emily Charlotte Thcodoria, 198.

Fulton, 198.

Georgiana Louisa Margaret, 19S.

Henrietta Eliza Cathcart, 19S.

Henry, SI, 198.

James, 196, 198.

Jane, 19S.

Janet, 198.

Jean, 196, 197.

Johanna, SI.

John, 81, 196, 197, 19S.

Letitia Augusta Sarah, 198.

Margaret, 196, 198.

Marion, 198.

2 34

INDEX.

M'Kerrell, Martin, 196.
Mary, 198.

Ralph Staveley, 198.

■ Reginald V Estrange, 19S.

Robert, 196, 198.

Robert M., 198.

Sarah, 196, 198.

William of Hillhouse, SI, 196, 197, 198.

Colonel, 79, 196.

MacLean of Dowart, 40.

Maclean, Sir Hector, 40.

Maclean, Mrs., of Torloisk, 195.

Macmillan, Thomas, of Shorthope, 192.

Macmillan-Scott, Walter, 192.

Macnanght, John, 114.

Maidment, Mr. James, 5S.

Mailuile, Katherine, 9S.

Makcalzeoun, Mr. Thomas, 100.

Malherb, Gilbert, 3.

Malweill, James, of Brunt-iland, 27.

Mamewlacht, lands of, 200.

Manor, parish of, 6S.

Mar, Sir David de, 3.

. Donald, Earl of, 2-4, 83.

Earl of, 201,

■ John, Earl of, 26, 88, 120, 126.

Mistress of, 117.

Robert, Earl of, 4.

Margreve, Duncan, 87.
Marischal, William, Earl, 190.

Earl, 27.

George, Earl, ] 55.

Markinch, parish of, 8.
Marshall, Frederica Juliana, 203.

Thomas, 203.

Mr. Walter, 187.

Martine, Alexander, 131.
Martin, George, 117.

James, Provost of St. Salvator's College,

117.

Martine, Patrick, of Newmylne, 131.

Mary, Queen of Scots, 1.

Mason, John, 1S7.

Mastertoun, Alexander, of Mastertoun-Beath. 17.

■ of Easter Baltheidlokis, 100.

Maxton, Patrick, of Cultuquhay, 118.
Maxwell, Alexander, 125.
Maxwell, Sir John, ] 99.
Mayen, SO.
Meigle, 36.

Meikleflet, lands of, 209.
Meikleour, lands of, 125, 126.
Meldrum, David, 180.

Henrie, in Eister Balbartan, 122.

Mitchell, 102, 109, 114.

Michael, 157, 160.

Robert, 102, 109, 156.

Mellon, Harriet, 206.

Mr. Matthew, 206.

Melrose, parish of, 71, 1S9.

Melville, James, of Hallhill, 26, 120, 124, 130.

Melville, James, 57, 179, 207.

first Earl of, 20.

Janet, 17.

John, Lord, 20.

Sir John, 116.

Katherine, 16, 17, 194.

Thomas, vicar of Dunbog, 17.

Menteith, Elizabeth, of Ruskie, 21.

of Kerse, 16, 98.

Menzies, Robert, in Buchanty, 131.
Mercer, Henry, of Kynnerd, 151, 152.

James, of Clevage, 112.

Laurence, of Meikleour, 112, 151, 152.

Merschell, Alexander, 220.

Merstoun, Jane, 63.

Mertoun, David, 114.

Methie, lands of, 125, 126.

Methven, Mr. David, of Craigtoun, 178.

Michael, St., 2.

Middleton, George, 205.

General, 29, 30, 31, 32, 37.

Midlairis, 101.
Midmar, Baron of, 8.
Migmar, barony of, 5.
Millar, David, 174.
Miller, Jonet, 174.

William C, 193.

Miln, Margaret, 162.
Mitchell, Mr. Alexander, 204.

Hugh, of Kinearroquhie, 131.

Margaret, 204.

Michelson, William, 171.

Moffat, 80.

Moir, Thomas, in Aberargie, 151.

Monaltrie, 5.

Moncrieff, Alexander, 131.

David, of Tibbermalloc, 151.

Elizabeth, 17.

George, of Reidie, 172.

Hew, in Hiltoun, 117.

in Kyntullo, 151.

Sir John, 17.

John, of Easter Moncrieff, 118.

of Crocehills, 172.

Malcolm, 117.

William, of that Ilk, 111, 151, 152.

of Tibbermallo, 118.

of Kildeismylne, 131.

Moncur, Andrew, of that Ilk, 118, 127, 158.

Monedy, parish of, 115.

Monimaill, church of, 43, 58.

Monipenny, Mr. David, 117.

Monteith, William, of Randiford, 208.

Montgomerie, Sir James, of Skelmorlie, 57.

Sir Robert, of Skelmorlie, 43, 44, 46, 141,

143.

Robert, of Haslehead, 142.

Montrose, William, Earl of, 19, 29, 147, 190,201,

202, 204.
Morgall, Bessie, 103.
Morice, Robert, of Craigend, Auldmuir, 197.

INDEX.

235

Morries, Captain Andrew, 73.

John Davie, 73.

John, of Kirkcaldy, 174.

Morthington, Agnes de, 3, 83.

Sir Peter de, 3, 83.

Mortimer, William, 119, 174.
Morton, James, Earl of, 15, 96.

• John, Earl of, 93-97.

Jean, 1S6.

William, Earl of, 97, 127, 130.

Mortoun, Thomas, in Waltoun, 175.

Mosman, Bessie, 165.

Moubray, Arabella, 74.

■ John, of Barnebowgall, 98.

Lieut. -Colonel Sir Robert, 74.

B.obert, of Cockairny, 74.

Thomas, of Barnbougal, 17.

Mounale, Agatha, 193.

Mowat, Margaret, 114.
Muir, John, 140.
Muiravonside, parish of, 62, 66.
Muirtown, 18, 113.
Mukkersy, lands of, 92.
Munro, General, 29.
Murdoch, Janet, 184.
Mure, Captain, 200.

Jean, Countess of Glasgow, 43, 197.

William, of Rowallan, 43, 142, 197.

Murehed, Richard, 92.

Murray, Alexander, of Wodend, 118.

Sir Andrew, of Arngask, 19, 41, 103, 106,

128.

Catherine, 19, 111.

David of Balgonie, 41, 103-106.

of Linhill, 118.

David, in Eddradoll, 131.

of Little Benaehie, 151.

George, 107.

Sir Gideon, of Elibank, 110.

Gilbert, 128.

Isobel, 41, 128, 160.

Sir James, 38.

John, of Tullibairdin, 106.

106.

of Tibbermuir, 51, 160, 161, 163.

of Philiphaugh, 65.

■ of Cowdoun, 131.

Lady Keith, of Ochtertyre, 61.

— - Margaret, 51, 52, 159, 160, 162, 165.

Sir Patrick, of Geanies, 19, 103, 106, 108,

112.

of Byn, 111, 118, 146.

Patrick, of Woodend, 130.

161, 163.

Peter, of Wester Cluthy, 111.

Robert, 110.

William, of Tullibardin, 118.

of Ochertyre, 118.

■ ■ of Cowdoun, 107.

of Newton, 125.

128.

Muschet, David, of Spittletoun, 131.

of Calzechatt, 131.

■ Mr. George, minister at Donyng, 112.

Musselburgh, 7, 37, 191, 203.

Muthill, parish of, 72, 189.

Myln, Abbot of Cambuskeuneth, 1, 8, 9, 10, 12,

97, 146.
Mylne, Richard, in Balniedie, 179.

Napier, Janet, 21.

John, of Merchistoun, 21.

William, of Wright's Houses, 119, 125.

Naphe, John, of Mathie, 116.

Naples, 204.

Nasmyth, Thomas, 130.

Nassau, 7.

Neiving, John, 112.

Neving, David, 103.

Nevyne, Andrew, 100.

Newburn, parish of, 75, 77, 79.

Newcastle, 28, 29, 147.

Newgrange, 117.

Newlands, 208.

Newton, estate of, 208.

Newtyle, 37.

Nicholson, James, of Trabroun, 192.

John, 19, 103, 106, 110, 157.

Nicoll, John, W.S., 39.
Nisbet, Lieutenant Robert, 196.

William, 154.

Notton, Henry, 71.
Norie, Alexander, 175.
Normann, Baroness de, 195.
North, Lord, 205.
North, Susan, Baroness, 205.
North Waird, estate of, 208.
Northampton, Marchioness of, 195.
Nory, Thomas, 4, 85, 86.
Notton, Elizabeth Ellen, 71.

Ochteecotjll, lands of, 200.
Ogilby, Alexander, of Arnetibir, 89.

Thomas, 88, 89.

Ogilvie, Frances, of Newgrange, 122, 124, 128,
129.

James, of Lawes, 97.

John, of Alyth, 16, 97.

of that Ilk, 111.

Patrick de, 5, 6.

of Inchmertain, 118.

Thomas, 3S.

Sir Walter de, 199.

Ogilvy, Alexander, Sheriff of Angus, 5.

of Clovay, 97.

■ Sir David, 37.

Oliphant, George, of Bachilton, 111, 112.

James, 174.

Jean, 190.

John, 41, 119, 140, 145, 176, 177.

Laurence, of Condie, 62, 176, 177.

Mr. Lawrence, advocate, 129, 131, 162.

236

INDEX.

Oliphant, George, of Williamstoun, 151.

of Gask, 190.

Thomas, of Hilcairnie, 170.

William, of Pitloohie, 26, 120, 124.

of Newton, 112.

of Gask, 21, 118, 122-124, 129,

151, 152, 162.

of Balgouny, 130, 131, 140.

Olyfant, Lord, 14.

Orkney, Adam, Bishop of, 170.

George, Bishop of, 19.

Orme, George, of Newbarne, 178.

Henry, of Mugdrum, 21.

Mr. James, 124.

Ormiskirk, William, 86.
Ormiston, John, 187.
Orrock, Henry, 180.
Orok, John, 176, 177.
Orwell, 17, 60.
Ontario, 76.

Pairson, Gileert, cf Kynneir, 170.

Pall Mall, 19.

Pareis, lands of, 41, 130, 210.

Paris, 9.

Parish, John, Baron Seftenberg, 62.

Park, Margaret, 21.

Paterson, Enphemia, 193.

Paterson, John, 199.

■ Margaret Cochrane, 199.

Robert, of Dynmure, 176, 177.

Stevin, 176, 177.

Paton, Mr. Stephen, of Newlands, 60.

Patonson, John, 90.

Pattison, John, advocate, 73.

Patullo, Charlotte, 199.

Paxton, Adam de, 3, 85.

Peagrim, John, of Knightsbridge, 205.

— ,— Mary, 205.

Peblis, Alexander, of Polhill, 158.

Peebles, county of, 68, 69.

Oliver, of Chapelhill, 151.

Pennell, William, 1 97.

Seraphiua, 197.

Penney, Hon. William (Lord Kinloch), 61.

Pennyeuk, John, of Strahichy, 89.

Perrin, Henry Eugene, 79.

Perth, 3, 9, 14-19, 24, 26, etc.

Perys, William, 87.

Petlyale, lands of, 5.

Philiphaugh, 31.

Pinkie, 21.

Pitblea, lands of, 209.

Pitcairn, Andrew, of Innernethie, 3S, 118.

Pitcarne, James, of Innernethie, 172.

Margaret, 17, 111.

William, of that Ilk, 176, 177.

Pitcurrens, lands of, 209.
Pitkenny, 18, 113.
Pitlair, lands of, 46, 143.
Pitlochie, 21, 46, 143.

146,

Pitlochie, Nether, Philip of, 47.
Pitrudie, lands of, 209.
Pitscottie, Colonel, 36.
Pitteuchar, 49, 52.
Pittilloch, Robert, 6.
Pittrenchie, 38, 208.
Poland, 19, 201.
Portincrag, Fery of, 90.
Portland, Duke of, 198.
Portmoak, parish of, 14.
Preston, Sir Michael, 113.

Richard, 208.

Prestons, 49.
Primrose, Helen, 112.

Mary, 52.

Pringle, James, 180.

Walter, of Greenknowe, 62.

Proctor, Dr., South Carolina, 74.
Prout, Eliza, 76.
■ Evans, 76.

QUEENSBERRT, JAMES, EARL OF, 31.

Quhyte. See Whyte.

Radnor, Earl of, 62.
Rae, James, 1S5.

John, 63, 182.

Ramsay, Sir Alexander, of Balmain, 204.

Allan, 204.

■ Sir David, of Balmain, Bart., 201.

Sir John, 1 1.

Robert, 204.

Rane, Reginald de, 2.
Ratho, parish of, 68.
Rattray, Grizel, 9, 92.

Lady, 13.

Sir John, 9, 92.

Patrick, 9.

Rawdon, Henry Greenwood, M.D., 70.

Rev. James Hamer, 71.

Joshua, of Babington, '70.

Rayne, 4.

Reach, James, 185

Reid, Elizabeth M'Kerrell, 198.

Colonel John, 198.

■ Bobert, of Adamton, 198, 199.

Reidhall, barony of, 97.
Reidhangh, Agnes, 190.
Reidwalls, lands of, 56, 179.
Renfrew, 197.
Renny, Elizabeth Agnes, 79.

Marion, 202.

William, of Daneville, 79.

Restennoth, Priory of, 16, 122, 126, 150.
Reuss Kbstritz, Henry, Prince of, 198.
Bhind, Charles, 187.
Richardson, William, 185.
Robert I., 2, 3, 84.
Robert II., 3.
Robert in., 1S9.
Robertson, 205.

INDEX.

237

Robertson's Close, ]4.

Koden, Dowager-Countess of, 70.

Roger, William, 196.

Rolland, William, 114.

Rollo, Andrew, Lord, 190.

Jean, 190.

John, of Powliouse, 190.

Rollok, Andro, of Uuncrub, 97, 98.

Rome, 9, 10, 193.

Roos, John de, 3, 85.

Ross, county of, 19.

Eliza, 62.

Harriet, 62.

Horatio Nelson, M.P., 62.

James, Duke of, 8, 14.

John, 5.

of Craigie, 151, 152.

of Troweir, 196.

Nicol, of Auchlosseu, 200.

Rossie, lands of, 128, 135, 136, 138, 213-219.

Eossyth, Wester, estate of, 49, 207.

Rothes, Margaret, Countess of, 174.

Rotmase, lands of, 2.
Rotterdam, 59, 205.
Row, Mr. William, 24, 117.
Roxburgh, 32, 60, 70, 191, 193.

Earl of, 29.

Roy, Mr., 34.
Russel, John, 63, 186.

Margaret, 63, 181, 182, 185, 186.

Russell, Euphemia, 196.

Mr. William, minister at Kilbirnie, 196.

Rutherford, John, of Navity, 180.
Ruthven, Cecilia, daughter of Lord, 51.

Sir Thomas, of Freelaud, 32.

William, Lord, 51, 206.

of Freelaud, 118.

Rylla, lands of, 179.
Ryud, Nicolas, 119.
Rynd, Mr. Patrick, minister of Dron, 112.

Saltoun, Alexander, Lord, 63.
Sanctis, Luigi de, D.D. 193.
Sandelands, Isabella, 103.
Sandford, Sir Daniel, M.P., 62.

Sir Francis, 62.

Sir Herbert Bruce, 62.

Sandilands, William, of St. Monance, 158, 170.
Sauchie, Shaw of, 146, 156, 160, 167.

James, 1S5.

Saulemane, Patrik, S9.
Sauveterre, 6.
Schaw, James, 110.

John, of Broiehe, 110.

William, Provost of Abernethy, 16, 97, 98,

110.

of Lethangie, 178.

Scherar, Mr. Duncan, 5.

William, of Aberdeen, 5.

Scheves, William, Archbishop, 10.
Scone, 4, 111.

183.

165.

Scone, David, Lord, 111, 112.

Scot, Colonel, 32, 39, 40.

Scott, Agnes, 52, 160, 161, 162, 165-167.

Alexander, merchant in Edinburgh, 191.

Alison, 16.

■ Anna, 42, 44, 131, 135, 141, 214-217.

Scott, Elizabeth, 16.

George, 16, 155, 162, 163.

Dr. Hew, 59.

Lady Isabella, 71.

James, 10.

of Balwerie, 160, 161.

Sir James, of Rossie, 39, 41-45, 131, 132,

135-145, 194, 20S, 213-220.

Jean, 191.

John, 16.

Margaret, 1 6.

Mary, 39, 42, 43, 131, 132, 135, 137-145,

194, 20S-220.

Michael, 16.

Mr., at Gothenburg,

Thomas, 154.

Walter, of Bandera,

Walter, 162.

Sir Walter, 38, 203.

Mr. William, of Grangemure, 155.

Sir William, of Balwerie, 15, 42, 52, 146.

Scotland, Helene, 34.

Scottiscraige, 3S.

Serimgeour, Helen, 163.

Scrimgeor, James, of Myres, 135, 213.

Scrymgeour, Patrick, of Tealing, 202.

Seafield, lands of, 52, 114, 167.

Seaton, John, of Lawtrick, 140.

Segur, Comte de, 19S.

Selkirk, 32, 6S, 192.

Sempill, William, Lord, 92.

Seton, Alexander, 8.

Christian, 54.

family of, 8.

Sextus IV., 9.

Sharp, Margaret, 179.

Shaw, Alexauder, of Sauchie, 167.

■ John, of Dalwyne, 196.

Shear, Alexander, 96.

Elizabeth, 16, 96.

John, 96.

Sheills, lands of, 143.

Patrick, writer in Edinburgh, 1S4.

Violet, 184.

Sheppard, Louisa, 69.

Peter, merchant, Quebec, 69.

Shoner, Mr. James, of Caskieberrian, 54.

Robert, of Caskieberrian, 54.

Shortreed, Helen Mary Echlin, 70.

Isabella Frances, 70.

Ivatherine M. G, 70.

Lieutenant-Colonel Pringle, 70.

Robert, 70.

Shultz, Miss, of Frankfort, 198.

Sibbald, Sir David, of Rankeillor, 176, 177.

2 H

238

INDEX.

Sibbald, Sir Robert, of Kipps, 56, 58.

Robert, in Skeddowie, 170.

Sir Thomas, of Balgonie, 92.

Simsone, William, 141.

Sinclair, Lieutenant-Colonel Henry, 28.

' Sir John, 75.

William, Bishop of Dunkeld, 84.

Skene, Audrow, of Aughtertule, 27.

Mr. John, 155, 163.

Slingsby, Charles, of Redhouse, 145.

Sir Francis, 145.

Mary, 145.

Small, George, of Forderance, 117.
Smith, Alexander, in Dunfermline, 180.

■ Donald, 198.

Smyth, John, 113.

Patrick, of Braco, 113.

Richard, 195. .

William, 149.

Softelaw, John de, 4, 86.
Southesk, Countess of, 25.

Earl of, 190.

Somerville, Alison, 192.'

Anne, 192.

Anthony, 193.

Elizabeth, 193.

George, of Airhouse, 192.

193.

Helen, 193.

Hugh, of Drum, 119, 125.

James, of Airhouse, 73, 192, 193.

James, 193.

John, 192.

Margaret, 192.

■ Marion, 193.

Martha, 193.

Robert, 193.

William, 73, 193.

■ Mary (Lady Torphichen), 59.

Soulis, Lord, 3, 146.

Spain, 10.

Sparo, General, 193.

Maria, 193.

Spence, Mr. James, minister at Tulliallan, 20.

174.

Spens, Janet, 16, 97, 98.

John, of Condy, 16, 97, 98, 100, 146.

Marion, 16, 97, 98.

Spotswode, Sir Robert, 122.

Sprott, William, 185.

Sprowle, Mr. Andrew, 65.

St. Albans, Aubrey, Duke of, 206.

Duchess of, 206.

St. Andrews, 9, 12, 30, 41, 59, 128, 150, 154, 164,

178.
. — — Archbishop of, 8.

Patrick, Archbishop of, 25.

St. Anne, church of, 11.
St. Brydiswell, 136, 214.
St. Cuthbert's, 5S, 60, 77, 194.
St. James, church of, 10.

St. Katherine, chapel of, 11.

St. Leonard's College, 49, 162, 178.

St. Mary, altar of, 11.

St. Michael, altar of, 2, 83.

St. Petersburg, 66, 67, 185, 18S.

St. Salvator, College of, 9.

St. Servanus, church of, 11, 49.

Island of, 152.

St. Thomas, land, 136.
Stalker, John, of Dry law, 119.
Starkie, Susan, 205.
Staveley, Emily Pauliue, 198. ■

Major-General William, 198.

Steel, James, 187.

Stephen, John, merchant in Leith, 203, 204.

Steven, Alexander, 149.

Stevens, T. O., of Obern Hill, 76.

Sarah, 76.

Stewart, Archibald, of William wood, 197.

■ Helen, 197.

Henry, 43.

Sir James, of Goodtrees, 43.

John, of Sticks, 9.

119.

Robert, 12S.

of Halton, 151, 152.

Thomas, of Grantully, 118.

■ William, 29.

Sterling, Williame, 23, 116.

Stirling, 39, 40, 62, 92, 101, 110, 191, 208.

Mr. John, minister of Edinburgh, 43.

Margaret Douglas, '74.

• Mary Wedderburn, 73.

Patrick, of Kippendavie, 73.

Robert, in Pittencrieff, 180.

• William, Earl of, 207.

Stodart, David Riddle, W.S., 69.

Hannah, 69.

■ Henrietta Mary, 70.

Marion, 117.

John Riddle, 69, 185, 188.

Robert, of Kailzie, 69.

Riddle, 69.

Stormont, David, Viscount, 19.

Stothert, Rev. Thomas, Lumphauan, 176, 195.

William, of Cargen, 76.

Strachan, 205.

Strageath, of that Ilk, 190.

Straiton, Arthur, of Kirkside, 67.

Jean, 67.

Strang, George, 100.

Richard, 100.

Strathearn, Countess of, 3, 146.
Strathmiglo, parish of, 46, 88.
Strathurde, barony of, 118, 125.
Stratouu, Arthur, 12S.

Stuart, Lord Dudley Coutts, 206.

Sir James, 34.

Jean, 184, 204.

Steuart, Sir John, of Allanbank, 204, 205.
Stuart, Sir Lues, 122.

INDEX.

239

Sutherland, Duchess of, 20.

John, 187.

Swanstoun, lands of, 97.

Sweden, Gustavus Adolphus of, 42.

Swinton,- Sir Alexander, of Mersington, 72, 190.

of Swinton, 72.

Katherine, 72, 190.

Sword, James, 3S.
Swyn, Johne, 162.
Swyne, William, 160.
Sym, Alexander, 100.
Syme, Mr. William, 131, 162.
Sympson, Andrew, 172.
Symsone, Janet, 34.
Symsoun, George, 23.
Sydserf, Archibald, 31.

Takbat, George, Viscount, 47.
Tarbet, James, 97.
Taylor, Captain John, 203.

WiUiam, 192.

Terpersie, lands of, 2, 3, 14.
Thomson, Andrew, 117.

John, 180.

Ninian, in Cairney, 131.

William, of Newtoun, 172.

Tippermuir, 11.

Tod, Agnes, 191.

Archibald, 191.

Charles, of Wholeflatt, 73, 191.

■ David, in Craigsyde, 157.

— — Elizabeth, 191.

George, 162.

Helen, 191.

James, 156, 157, 160.

Janet, 191.

John, merchant, 61, 182.

. of Kirklands, 73, 191.

Tod, Margaret, 191.

Marion, 73, 111, 191.

■ Mrs. May, 189.

Mrs., 61,

Oliver, 191.

Robert, merchant, 73, 191.

Robina, 191.

Thomas, 191.

merchant, 191.

William, bailie, 191.

Torlindie, lands of, 209.

Torphichen, James, tenth Lord, 74.

Torwood, 40.

Tonraine, 7.

Traquair, parish of, 69.

Trieste, 193.

Tripoli, 193.

Trotter, Archibald, 204.

Tullibardine, James, Earl of, 131.

Turin, 205.

Turner, Sir James, 32.

Tweedie, Alexander, M.D„ 67, 185.

Alexander G., 67.

Tweedie, David, 68.

Hannah, 68.

George S., 68.

Tynmowthe Scheils, 28, 147.
Tynynghame, 9, 10.
Tyrie, lands of, 112, 114.

Urchany, Patrick, Lord, 98.
TJnifraville, Robert de, 4, 87, 88. ■

Vander-Leyden, Jane, 202.
Vanss, Lieutenant, 146.
Vaux, Mary, 197.
Villeneuve, Marquis de, 37.
Vint,. Anne, 192.

William, 192.

Vogt, Gabriel G.,.Dantzic, 203.

Waddell, George, of Balquhatston, 207.
Waird, lands of, 125, 126.
Waldeck, royal "family of, 198.
Walker, David, of Daftmylne, 172.

George, 169.

— — Rev. Robert, Canongate, 63, 1S2.

Robert, 181.

Misses, of Pitlair, 47.

William, 185.

Wallace, Sir Duncan, 4, 88.

Elizabeth, 196.

Jean, 196.

Robert, M.A., 196.

— '■ — Sir William, Baronet, of Lochryau, 47.
Wardlavv, Adam Low, 47.

Henry, 155, 157.

Colonel James, 28.

Captain John, 47.

Wardrope, Andrew, 182.
Watherstoun, family of, 192.

Marion, 192.

Watson, Alexander, 119.

George, merchant, 65, 187.

James, 64, 184.

John, writer, 63, 185.

Margaret, 64, 184.

Samuel, 185, 187.

William, 65, 141, 184.

Wauchope, John, of Niddrie, 125.
Weddersbie, barony of, 26, 38, 44, 46, 136,

143.
Wellwood, James, in Northferry, ISO.

• John, 148.

William, of Seafield, 114.

of Touch, 148.

Wemyis, Gavin, of Wnthank, 170, 176-17S.
Wemyss, Andrew, of Hatton, 38.

Sir David, of that Ilk, 51, 52, 57, 101.

David, of Fuclie, 170, 172, 176, 178.

David, of Balfarge, 172, 176, 178.

Henry, of Fudie, 51, 52, 55, 163, 164.

James, 18, 113.

Jean, 52.

141,

240

INDEX.

Wemyss, Patrick, of Gladnie, 179.

Weymes, John, 178.

Wyems, Robert, 172.

Westergrass, lands of, 50.

Whyte, Christiane, 34

John, of Easter Lumbanie, 17, 98.

Robert, of Bannatfield, 16, 17, 9S.

William, 119.

Whytfield, 136.
Wigtown, 47, 192.
Wilkie, James, 154.

Mr. John, minister of TTphall, 60.

- Mr. Robert, 49, 152.

Williamson, Mr. David, 58, 60, 67, 77, 194.

Elizabeth, 60, 77, 194.

Joseph, 66, 182, 183.

Willoughby, Antonia, 41-47, 55, 128, 131, 132,
135-137, 208, 215, 216, 219, 220.

Sir Francis, 41, 145.

Francis, 145.

Willoughby d'Eresby, Baroness, 195.
Wilson, Adam, 117.

Wilson, James, 102, 109, 160, 102, 165.

William, W.S., 184.

Winram, Robert, 208.
Wonrame, Robert, 15S.
Woodhead, Anthony, 1S5.

lauds of, 46, 56, 143.

Wright, John Edward, 198, 199.
Wyllie, John, 131.
Wvth, Malcolm, 87.

Yoke Castle, 2S.

county, 68, 71, 145, 147, 198, 199.

Young, Andrew, 57.

Edward, 185.

Katherine, 57.

Young, John, of Redhouse, 125.

in Middilrig, 161.

Oliver, US, 151, 15S.

Robert, 89.

Thomas, 184.

Violet, 184.

printed'by t. and a. constable, printers to her majesty,
at the edinburgh university press.

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