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Full text of "Historic memorials of the Stewarts of Forthergill, Perthshire and their male descendants : with an appendix containing title-deeds and various documents of interest in the history of the family"

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RUINS OF GARTH CASTLt, PERTHSHIRF 
FROM THE NORTH EAST 






V 





• %. y * 



HISTORIC MEMORIALS 



OF THE 



STEWARTS OF FORTHERGILL 



PERTHSHIRE 



AND THEIR MALE DESCENDANTS 



With an Appendix containing Title-Deeds and various Documents of 

Interest in the History of the Fatnily 



EDITED BY 



CHARLES POYNTZ STEWART 

M.A. TRIiN. COLL. CAMBRIDGE; F.S.A. SCOT. 

ETC. ETC. 




*'AVITO VIRET HONORE'' ^ -i^V 



PRINTED FOR PRIVATE CIRCULATION 

BY 

W. & A. K. JOHNSTON 

EDINBURGH AND LONDON 

MDCCCLXXIX 






\ 



" To elucidate local history , in the manner in ^hich it ought to be elucidated, is, to rescue the worthy from oblivion ; to 
delineate the changes of manners, and the progress of arts; to call back to ^ fancy the po7np and splendour of ages that are 
gone; to restore the ruined castle; to re-people the deserted mansion; and to bid, for a moment, the grave to render back its 
inhabitants to the fond eye of regret" — Sir Egerton Brydqes' " Censura Literaria.*' 



I ■ 



• :; 



I • . 



^TEm and Oo-Hsircm of 
Stibuno of Olenetk. 



1. Jambb or 
and Wester Cluny. 
Sltt March 1781. Left 
ionriving Male imiM. 



I GOBIMH. MorUa 
H, 13th May 1472. 



ily Child of Alexander Stewart of Cane, 2d Son of Thomas, 
of Orandtally. Marriage-Contract, 11th October 1572. 

«C8pt » Maboarbt, Daughter of Robertson 

of Faskally. 



ither, ^ Barsa&a, Daughter of Duncan Menxiett, Baron Comrie, 

2d Son of James Menzies of Menzies. 



n^ter of John 
nakelllie (Fart 
for Perth, voL 
and 1712.) 



I 



1 



2. Rev. BOUBTt A.M., 
(Miniater of KiUin, 1670 to 1729), 
ofKillleehairie. Bom 1660. Mar. 
rled January 1688. Died 1729. 




kin>KB of doichfokUch. 

ztlnct. Bepreeented by 

-dauij^ter, Mrs Janet 

pbeU of Cloichfbldich. 



4. SOBSBT of Der. 
culich. Bom 1704. Mar- 
ried 1729. Died 1767. 



AVKA, Daughter of Duncan 
Campbell of Edramuckie. 



JAMSS of Derculich. 
Bora 1780. Married 1778. 
Died 1806. (Sold DereuUch 
1805.) 



Jeam, younger Daughter of 
Robert Campbell of Auch- 
lyne, Son of Duncan of Auch- 
Ipe, who was 5th Son of Sir 
Robert Campbell, 8d Baronet 
of Glenorchy. 



MAitaARET, Daughter 
of Duncan Robertson of 
Edrod}7)ate. Died 1880. 



Bon 1782. 
1864. 



of Edradynate. D.-L. and 
J. P. for Perthshire. Bom 1788. Married 
1817. Died 1862. (Assumed the somame of 
Robertson by direction under his uncle's 
settlement.) 



Edradynate, Blaekhill, Cluny, *e^ 
J. P. for PBrthahln. Married 1862. 



All Officer in the R<^ Perthshire Rifles, and J. P. for Perthshire. 



Maat Jaxs. Daufl^ter of Robert Cuuins- 
hame of BaUanonis, Isle of Man (Male 
BepreaentatiTe of Cuninghomes of Drum- 
quhaasil and BandallochX Bom 1832. Died 
X866. 



Living 1S79. 



. i 



.>!■ 






xr5tyo 



■ 1 



■ ■ . • 



f ji ijULii:* 



•jji ftaafiAi-' 



PREFACE. 



HE publication of the present work has been undertaken as a memorial of an 
ancient and once numerous race of Stewarts in Athole, now represented in 
the male line by a very few descendants. 

Although my own immediate ancestor left Scotland to enter the army more than 
one hundred and fifty years ago, and his descendants, after serving their country by land 
and sea, settled in Ireland and south of the Tweed, they never forgot their ancestral 
home, or the race from which they sprung. 

Recent investigations, the results of which are given in the following pages, have 
proved beyond question the exactness of the. traditions handed down by them from 
father to son through each consecutive generation. 

The ancestors of my friend and kinsman, Mr. Stewart-Robertson of Edradynate, 
springing from a common progenitor, have, however, been in an unbroken line possessors 
of landed property in their native district, amidst the very hills and glens where our 
forefathers lived, and fought, and died ; — indeed, Edradynate, Mr. Stewart- Robertson's 
principal property, was in the possession of John Stewart of Forthergill in 1465 ; and to 
the assistance he, from his family and local lore, was so well able to supply, I am deeply 
indebted for the completion of these Memorials ; while the generous aid afforded him by 
several families of note in his district {and for whose kindness and courtesy he has often 
expressed his great obligation) has materially assisted in the compilation of the proofs 
contained in this volume. Some of the documents thus obtiiined from private charter- 
rooms are invaluable ; and although genealogical memorials cannot be expected to be of 
much interest to any beyond the families to which they relate, yet in these pages there 
are a variety of incidents narrated, copies and facsimiles of old charters, and documents 
of a quaint character given, which may be found of more general interest. 

Few can imagine the pleasure attached to a first visit to the home where our fore- 
fathers dwelt, every name and site of which one has heard of from childhood ; and to 
myself these " Memorials " will ever be a souvenir of the kindliness and consideration I 
have experienced, and the many happy hours I have spent, under the hospitable roof of 
Edradynate. 

Best thanks are also due to the Reverend W. Macleod, a gentleman whose intimate 
acquaintance with the literary treasures contained in the Register House, Edinburgh, and 



iv PREFACE. 

in many private collections, as well as his experience and facility in deciphering ancient 
records, are well known to ail interested in these studies. 

The beautiful /ac^'miZes and reproductions of original sketches are due to the talent 
of T. B. Johnston, Esq., F.S.A. Scot., whose attainments, scientific, artistic, and anti- 
quarian, are as well known as his tried gentleness and urbanity. 

Some idea may be formed of the difficulties met with, when it is remembered that no 
one has ever yet attempted to verify the family history of this line ; but the lineage 
handed down by tradition has been accepted without inquiry as correct, — which, with one 
or two errors, it is now proved to be, and this by evidence which will bear the strictest 
legal scrutiny. 

Neither could assistance be obtained from other branches of the Forthergill Stewarts, 
most of whom are extinct in the male line, and none appear to have taken sufficient 
interest in the lives and actions of their ancestors to investigate the proofs of their 
family history. 

Moreover, the defective state of the parish registers in Scotland renders them prac- 
tically useless, and is a continual source of grief to the genealogist. 

Mr. TumbuU's ** Memoranda of the State of the Parochial Registers of Scotland " 
(Edinburgh, 1840), G. Seton's "History and Imperfect Condition of the Parochial 
Records in Scotland" (Edinburgh, 1854), give deplorable examples of this. 

Some points connected with the earlier history contained in the following pages will 
probably be elucidated in a few years by the publication of records, which are almost 
annually brought to light from the mines of historic documents in the Register House, 
and other public collections, or still lying in piles, almost unknown, and in many instances 
without even catalogues, inventories, or abstracts, in numerous private charter-rooms. 
These points are the further history of James Stewart, first of Forthergill ; of Marion, wife 
of John his son ; the exact relationship of Elizabeth Gordon, wife of Niel (another son of 
James), to the Earls of Huntly ; and of Elizabeth Stewart, wife of Niel I., to the Earls of 
Athole. 

Meanwhile these pages are offered for the indulgent perusal of the present members 
of this lineage, as containing all the evidence at present obtainable on the subject, though 
with a perfect consciousness of many defects, notwithstanding the time, labour, and 
patience they have involved, but in the earnest hope that some future representative of 
the Stewarts of Forthergill may, with the superior advantages at his disposal, bring to 
thorough completeness that which is left undone in this volume ; for there will certainly 
be then a far richer collection of newly divulged historic muniments than is known to 
the present generation. 

C. P. b. 
Oxford and Cambridge Club, 
London. 



CONTENTS. 

CHAPTER I. 

Of the derivation of James Stewart, riEtsT of Forthehqill .... 

CHAPTER 11. 
Of John Stewart, second of Forthergill, etc. ..... 

CHAPTER HI. 
Of Niel I., Eldest Son of John Stewart or Forthergill, and his Descendants . 

CHAPTER IV. 
Of Alexander Stewart, first of Bonskeid, second Son of John Stewart of 
Forthergill, and his Male Descendants to Alexander Stewart, second 
Laird of Wester Clunie, inclusive ...... 

CHAPTER V. 
Of Rev. Robert Stewart. Brother of Alexander Stewart, second of Wester 
Clunie, his Descendants and Representatives ..... 

CHAPTER VI. 
Of Jahes, Eldest Son op Alexander Stewart, second of Wester Clunie, and his 
Descendants ......... 

CHAPTER VII. 
Of Charles, Younger Son of Alexander Stewart, second of Wester Clunie, his 
Deucendants and Representatives ...... 

CHAPTER VIII. 
Of other Families of the Surname of Stewart sow existent in Perthshire 
ADDENDA. 
APPENDIX .......... 

INDEX ........... 



INDEX TO APPENDIX. 



PAGE 

Charters and Deeds relating to Menzies, Fortheroill, Robert de Atholia, Lord Badenoch, 

AND James Stewart .......... 61 

Charters and Deeds relating to John Stewart op Forthergill, Rannoch, and Garth Castle 63 

Deeds relating to Niel (I.) op Forthergill and Garth ....... 74 

Deeds relating to Niel (II.) op Forthergill, Garth, etc. . . . . . . 79 

Deeds relating to John Stewart, last op Garth . . . . .93 

Deeds relating to Marie Stewart op Garth ........ 97 

Deeds and Documents relating to the Stewarts op Bonskeid ...... 101 

Deeds relating to Duncan Menzies op Comrie . . . . . .122 

Deeds relating to James Stewart op Wester Clunt, and Miscellaneous Documents . . . 130 

Notes prom Inventory op Titles of Wester Cluny, Perthshire ...... 138 

Notes prom Charter-Chest, Edradynate ......... 139 

Letters prom North Carolina, etc. .......... 142 

Excerpts prom the Duke of Richmond and Gordon's Charters at Gordon Castle , . 150 



ILLUSTRATIONS. 



EuiNS OF Garth Castle ..... 

Genealogical Table, the Stewarts of Forthergill 
Tomb of Alexander Stewart, Earl of Buchan and Eoss 
Plan of the Remains of Garth Castle . 
EuiNS of Garth Castle ..... 
Arms of the Stewarts ..... 



Do. 



DO. 



Table of Descent of John Stewart of Forthergill . 
Charter by James II., King of Scots, to John Stewart of Gart 
Confirmation by James III, King of Scots, of Charter by Andrew Lord Gray 
View of Dunkeld Cathedral ..... 

Table of Intermarriages of Athole, Menzies, Campbell, Stewart 
Menzies Castle ....... 

Grandtully Castle ...... 

Pedigree, Menzies of Comrie ..... 

Inscriptions relating to Alexander and Isabella Stewart . 
Charm-Stone ....... 

Sculptured Stone, Logierait ..... 

Pedigree, the Campbells of Glenorchy and Auculyne 

Do. THE Cunninghames of Polmaise, etc. . 

Do. James Stewart of Clunie = Elizabeth Campbell, No. 1 

Do. James Stewart and Elizabeth Campbell, No. 2 
Narrow-Water Castle, the Seat of E. Hall, Esq. 
Extract from Pedigrees in Ulster's Office, Dublin Castle . 
Charter by John Stewart of Forthergill, 1472, Appendix . 
Indenture between John Earl of Atholl and Niel Stewart, 1477, Appendix 



Frontispiece 

PAQB 

11 
1 

2 
4 
. 8 
10 
12 
14 
16 

17 
20 
22 
2C 
29 
31 
34 
38 
39 
40 
43 
46 
47 
49 
70 
74 



CHAPTER I. 



•HE old Chroniclers of Scotland relate that the great Stewards of Scotland 
descended from Bancho, Thane of Lochaber, grandson of King Kenneth III. ; 
but evidences which have since come to light prove that Walter Fitzalan 
was the first of his line who came to Scotland ; that he came from Shropshire, 
where his father, Alan, son of Flaald, a Norman, held lands at Oswestry ; that his brother 
William married Isabel de Say, and was ancestor of the Earls of Arundel ; and that they 
held even then a high position, Alan being witness to many Royal Acts of Henry I. of 
England. Walter appears to have espoused the cause of Maud, daughter of Henry I, 
of England, and niece of David I., King of Scotland, against King Stephen (a.d. 1135) ; 
and, on the retirement of the unhappy Empress-Queen (1147), was induced by the tried 
friendship of King David to remain with him after his withdrawal from the Northern 
counties. He received lands and the appointment of Lord High Steward or SenescaUus, 
a term we find used for many subsequent generations, till superseded by the name of 
Stewart as the family patronymic. 

We may here remark that the surnames indifferently spelt Steward, Steuart, 
Stewart, or Stuart, are incontestably derived from the Hereditary Lord High Steward- 
ship held by Walter and his descendants for about two hundred years before their 
accession to the throne, and resembling the dignity of Mayor of the Palace, or 
Major Damns, under the French kings of the Merovingian race ; the term Steward 
being derived from the two Saxon words, sti, a house, and wart or ward, a guardian. 
In the writs of the Cathedral of Moray, to which we shall allude further on, we 
find as late as 1380-90, Alexander Stewart, son of King Robert II., invariably styled 
" Alex'^ Senescalli ; " this was afterwards converted into Stewart, and continued so till 
the intimate relations were kept up between France and Scotland, consequent on the 
numbers of Scotch who served in France, where the w being unknown, the u gradually 
superseded it. This became more general after the marriage of Queen Mary with 
Francis II., and was adopted by her brother the Earl of Murray' and other noble 

' In an ictereating document (given amongut others by General David Stewart in his " Sketches of the 
HigbUndere") we find the Earl of Murray, Prior of St. Andrews, before Queen Mary's return from France, 
signing himself "James Stewart" in 1660. It is appended to an authority, signed likewise by the Earls of 
Argyle and Gowrie, for the destruction of the images in Dunkeld Cathedral : — 



2 HISTORIC MEMORIALS OF 

families, such as Lords Traquair, Bute, and Castlemilk ; while others adopted Steuart, 
for example, the Allantons and Coltness; the GrandtuUys, Forthergills, and others 
adhering to the older fonn of Stewart. 

It is not, however, our object to investigate the now acknowledged early history of 
the house of Stewart, or to recount its detailed descent, the earliest evidences of which 
clearly prove that as far back as the time of William the Conqueror they held a high 
position in England. 

Those who wish to peruse the very interesting proofs and documents relating to these 
early periods of the Stewart history may consult Chalmers' "Caledonia," Eiddell's 
" Stewartiana," and Lord Hailes' ** Annals," which shew that " they were opulent and 
powerful before the middle of the twelfth century." 

Without, therefore, going through each successive generation of their historic line, 
suflBce it to say that Walter Fitzalan, Lord High Steward, was the direct ancestor of 
Walter Stewart, who married Marjory Bruce (daughter of King Robert Bruce), and 
whose son, on the death of his uncle David IL, succeeded to the Scottish throne with 
the title of Robert IL in 1371, a period from which we find almost as strong evidence, 
and as many authentic records and documents respecting the private history of which we 
shall treat, as of its more public career. These will at once remove it from the sphere 
of tradition to that of actual history. 

Robert II. left, with other sons, Alexander Stewart, Earl of Buchan and Ross, Lord 
Badenoch, who is acknowledged by authorities such as Crawford, Nisbet, Douglas, 
Duncan Stewart, Robertson ("Earldom of Athole"), Skene, and all who have investi- 
gated this subject, to have been the founder of the Athole Stewarts; that he held 
extensive property in this district, which was subsequently possessed by those who were 
universally acknowledged as his descendants, is also an undoubted fact. 

In 1379 he obtained from his father Robert II. a charter of confirmation (still extant, 
vide Appendix, p. 62) of a resignation in his favour by Janet Mcnzies, of whom here- 
after, of the lands of Lassintulich, TuUichcroske, Kynachan, all in Rannoch or Strath- 
tummel, Gart or Garth in Glengowlandy, and Bufrac or Bolfrach, two miles west of 
Aberfeldy, on the south bank of the Tay : these lands all still bear the same names given 
to them by that charter. 

" To our traist friends the Lairds of AinUnlly and Kinvaid, — 

" Traist friends, after most hearty commendation, we pray you fail not to pass incontinent to the Kirk 
of Dunkeilden and tak doon the hail images thereof, and bring them forth to the kirkyaird and burn them 
openly, and sicklyke cast doon the altars and purge the kirk of idolatyry, and this ze fail not to do, as ze 
will do us singular unpleasure, and so committeth you to the protection of God. 

** From Edinburgh }® xiii of Aug* 1560. 

" Fdil not but y« tak guid heyd that neither the desks, windocks, Abqylb. 

nor duirs be any way burnt or broken, eyther glassen wark or iron Jambs Stewart. 

wark. Wm. Ruthven." 




PLAN OF REMAINS OF GARTH CASTtt. 



THE STEWARTS OF FORTHERGILL, PERTHSHIRE. 3 

It is with Gart or Garth we shall have most to deal in these pages ; and we shall 
therefore treat somewhat at length of this property before going on with our account of 
Alexander Stewart. 

Here may be still seen the fine remains of a very ancient stronghold, which for solidity 
of construction and strength of position is not to be surpassed. 

The keep or tower, of which only three sides remain, stands on a sloping triangular 
hill, about 100 yards long, facing the south, and on a bold promontory (of which the 
base is about 60 yards) formed by two branches of the " Bum of Keltney," deeply sunk 
in rocky channels, which thus constituted formidable moats ere joining each other some 
60 yards below the Castle, from whence the noisy torrent proceeds on in a similar rocky 
bed for about two miles, when it flows into the River Lyon, a mile and a half from the 
junction of the latter with the Tay. 

The west wall of the Castle is on the edge of the precipice, and its foundations must 
be some 50 feet above the level of the " Burn ;" thus the only part not defended by 
nature is the north side, where, however, a deep ditch was cut, having a drawbridge, 
which was the only passage to the Castle or its outer court. This ditch had evidently 
been partially filled in at its centre to facilitate the construction of the drawbridge, 
which formed the only access to the triangular rock on which the Castle is built. 

No doubt all three sides of this precipitous plateau were well defended by parapets 
of masonry, but the only points where traces of this remain are where the drawbridge 
was placed, and at the north and south corners of the west wall of the Castle, where 
binding-stones or " leaders " appear, shewing where the parapet had joined on. 

Within this space, so judiciously selected, and so well protected by nature and art 
alike, were outer courts and flank defences, indications of which are yet to be seen, 
though all that now remains worthy of note is the fine ruin of the inner keep or citadel, 
the west wall of which is so near the brink of the precipice that a pebble dropped from 
the Castle wall would fall into the rocky channel of the cataract below. 

The inside measurement of the keep is 30 feet from east to west, and 17 from north 
to south. The walls still remaining are from 60 to 70 feet high from the ground, inside ; 
but the earth has accumulated through the debris of the masonry falling in from time to 
time. 

The only access through the walls now is by a large aperture on the south side, but 
probably the gate or doorway was in the east wall, which has fallen in to a great extent, 
and owing to the debris it is now impossible to say whether there was a door there or not. 
The aperture at present shews no indication of there having been a doorway, which most 
likely was some distance above ground-level, and entered by steps or moveable communi- 
cation. On the left side of this aperture ai-e traces of a sloping passage, of about 2 feet 
wide, which served as the staircase, and was formed in the centre of the wall, and which 
evidently went round the centre of the south and west walls also, affording access to the 
different storeys of the building, though we cannot trace the exact number of the latter. 



4 HISTORIC MEMORIALS OF 

of which there must, however, have been at least four. The remains of the arches form- 
ing the first flat above the entrance are plainly visible, and the walls throughout are from 
6 to 7 feet thick. 

The very fact of the staircase being in the thickness of the walls indicates, in the 
opinion of competent antiquaries, an extreme antiquity, for no such arrangement is met 
with in those castles built at a comparatively later age. In the Pictish burghs, as that 
of Mousa in Shetland, all access to the upper rooms is in the thickness of the wall, but 
inclined planes do the duty of stairs or steps. Such approaches are also found in several 
old Norman keeps, e.g.y Newcastle, Rochester ; at the former there is a Chapel in the 
wall. A fine example of this sloping gallery is that in the Campanile on the Piazza San 
Marco, Venice, which is wide enough for two people to walk abreast easily. We are 
therefore warranted in believing that Garth was built at least five hundred years ago, 
viz., in the period when the Norman Baroos exercised such independent sway far north of 
the Border, — all whose old Border " Peel " Forts have such staircases, either in detached 
towers or within the keip. 

The accompanying plan and sketches (for which we are indebted to the talent of Miss 
Mary Stewart-Robertson of Edradynate) give some idea of the strength of the position. 
One of the latter is taken about 30 yards from the south wall, the other from the opposite 
side of the east "Burn," about 150 yards from the tower. In the former, the aperture 
which gives access is seen, as also the shattered condition of the south and east walls, 
with the remaining arches of the first storey. In the latter, the still erect condition of 
the north wall is shewn. 

That the pile has remained in its present condition for so long, and that no attempts 
have been made by ignorant vandalism to utilise the materials (as so very generally 
occurs), arises from the fortunate circumstance that no cart can possibly approach it. 
Indeed, the height and strength of the walls, which on the north and west sides are as 
erect and plumb as the day they were built, constitute their best protection. 

Our reason for dwelling so circumstantially on these details respectiog Garth Castle, is 
that it has always been supposed to have been erected by Alexander Stewart, Lord Buchan 
and Badenoch, when he obtained the lands before mentioned, on their resignation by 
Janet Menzies in 1379. As far as architectural evidence goes, it may have been erected 
even earlier than this ; had it been built at a later period by one of his descendants, we 
should most likely have found evidence of the fact, especially when we consider the 
number of deeds still extant relating to each of them. 

But in the absence of such evidence, and looking at the characteristics of the present 
ruin, and the universal tradition handed down respecting it, even the most sceptical 
critic would find little room to doubt that it formed one of the strongholds of that fierce 
chieftain from whom its ancient and yet existing appellation was derived. 

It is known to this day in Gaelic as " Caisteal-a -Chuilein-Churta," or, " Castle of the 
fierce Wolf ; " and it is a historic fact that Lord Badenoch's appellation was, even during 




RUINS OF GARTH CASTLE, PEPTh SHIRE 

FROM T HE SO H TH 



THE STEWARTS OF FORTHERGILL, PERTHSHIRE, 5 

his lifetime, " The Wolf of Badenoch/' a title of which he seemed most proud, and for 
which his wild deeds gave ample cause. 

We are therefore fuUy justified in arriving at the conclusion that this stronghold 
owed its origin and name to him, and not to his son James, as asserted by General 
Stewart in his " Sketches of the Highlanders" (vol. i. p. 23), where he says — '* James 
Stewart, son of Alexander Stewart, Earl of Buchan, son of King Robert II., is said to have 
built the Castle of Garth, and settled there some time after the year 1390." Indeed, 
James, son of this fierce Earl, would appear to have been rather of a quiet and gentle 
disposition — a contrast to his father, who has certainly left a name of no very enviable 
notoriety, but it is more than probable that he was not so bad as he is reputed to have 
been. That he was an enemy to the Church, and burnt the Cathedral and Monastery of 
Elgin, is true, and this alone would have brought down on him the anger of contemporary 
chroniclers — at that time clerics, — but he appears to have repented sincerely of his law- 
lessness, and, as historians state, made his peace with the Church ; for he was thought 
worthy of being interred in the beautiful Cathedral of Dunkeld, where his handsome 
though much defaced monument is still to be seen. It bears the following favourable 
inscription : — 

" HiC JACET DOMINUS ALEXANDER SeNESCALLUS 
DOMINUS DE BaDENOCH 

bon^ memorle, 

qui obut 24 die mensis julii 

Anno Domini 1394." 

Amongst the many interesting deeds contained in theRegistrumEpiscopatusMoraviensis, 
or Register of the Bishopric of Moray, are some relating to our *' Alexander Senescallus." 

The copies may be seen in the reprint issued by the Bannatyne Club. 

Amongst them are a solemn agreement to protect the lieges and lands of that 
Bishopric by all his might ; to avenge all losses and injuries to them ; not to constrain them 
to appear before his or any other legal jurisdiction ; freeing them from any imposts or 
military service. — (Page 171.) This refers more especially to the lands about Strathspey 
and Badenoch, and is dated on the Vigil of the Assumption of the Holy Virgin 1370. 

At page 183 is a declaration that the Bishop's lands in Badenoch are not held of Lord 
Badenoch. It is dated 1 1th October, in the second year of the Pontificate of Clement VII., 
and tenth year of Robert IL, a.d. 1380. Alexander is styled "that illustrious man 
Alex"^ Senescalli, Lord of Badenoch, son of our said Lord the King, and his Lieut' 

. . . ;" and the deed, which is a long one, gives a detail of the diflBculties which 
had taken place between the Bishop and Earl respecting the question, which is now 
finally settled and sealed by the latter. In October 1381 there is another (page 188) — 
" Litera quiete clamationis Alexandri Senescalli, Domini de Badenoch de terris inferius 
scriptis;" — by which Alexander, Bishop of Moray, receives acknowledgment from 
Alexander Senescalli that certain lands seized and held by him belong to the Bishopric, 



6 HISTORIC MEMORIALS OF 

and shall be delivered to the Reverend Father; while the worthy Prelate, in April 1383 
(page 183), hands over a certain estate of Ratmurkus to the Earl, " an act done with 
unanimous consent of the Dean and Chapter, with a view to the benefit of the Church, 
and after due diligent deliberation thereof in Chapter." In February 1386 there is a 
short statement of account between the Prelate and the Earl, in which the latter is 
styled " Magnificum Dominum Alexandrum Senescalli, Dominum de Badenoch ; '' and a 
charter of the lands of Abreachy in the same month from the Bishop, who concedes and 
gives them " magnifico nobili et potenti Domino, Domino Alexandro Senescalli, Comiti 
Buchaniae, Domino de Ross and de Badenoch, locum-tenenti domini nostri Regis, ac 
justiciario ex parte boreali aqua de Forth," and the consideration named is " the repeated 
benefits, aids, and subsidies to us and to our said Church " afforded by Alexander. 

King Robert III., in the first year of his reign, transmits from Scone certain letters- 
patent to be duly sealed ; one for the Bishop of Moray, another ** to our beloved brothers, 
Alex"", Earl of Buchan, and John, Earl of Moray," directing them not to intermeddle with 
the Castle of Spynie. — (P. 204.) This matter of Spynie seems to have been a protracted 
one, for in the ninth year of his reign Robert issues a peremptory precept " to our beloved 
brother, Alex' Senescalli, Earl of Buchan," to hand over Spynie forthwith to William, 
Bishop of Moray, successor of Alexander. — (P. 208.) 

Amongst the "Memorabilia" (p. 381), the ecclesiastical chronicler notes that in the 
same year as the coronation of King Robert III., the people of Alexander Senescalli, son of 
the King, burned the town of Forres and the church of St. Laurence ; in June following, on 
the feast of St. Botolph, in the presence of the said Lord Alexander, burnt down the 
entire town of Elgin, the church of St. Egidia, eighteen noble and beautiful houses of 
canons and chaplains, and, what is yet more bitterly to be lamented, the noble and 
lovely church of Moray, *' speculum patriae et decus regni," with all the deeds and 
goods therein ; but fails not to add that the said Lord Alexander Senescalli was after- 
wards absolved from his excommunication, through special authority of the Bishop, by 
the Bishop of St. Andrews, in the presence of the King, Lords Fife, William de Keith, 
Malcolm de Drummond, Lord Mar, Thomas de Erskine, and many others, at Perth, at 
the threshold of the church of Order of Preachers, and then at the high altar, on con- 
dition that he satisfied the Church and sent to the Pope for absolution, otherwise the 
excommunication to be in force ipso facto. 

There is also appended the very beautiful letter written to King Robert II. after the 
destruction of his church and property by the unfortunate Bishop, Alexander Bur, which 
needs no apology for being given in extenso : — 

" SUPPLICATIO EpISCOPI PRO REMEDIO KE- EDIFICATION IS ECCLESIiE SU^E. 

" Humilissima mea recommendatione premissa, princeps serenissime et domine metuende, dignetur 
scire celsitudo regia me debilitatum senio et multis depredationibus et latrociniis depauperatum et 
confractum ac ad tantam redactum inopiam quod vix pauperem pro me et paucis familiaribus valeo 
sustinere, cum magna difficultate ad istud parliamentum vestrum apud Sconam ista vice, pro 



THE STEWARTS OF FORTHERGILL, PERTHSHIRE. 7 

remedio Te-edificationis ecclesise mee que fuit speciale patriae decus, regni gloria et delectatio 
extraneorum et supervenientium hospitum, laus et exaltatio laudis in regnis extraneis in multitudine 
servientium et omatu pulcherrimo, et in qua ut creditur Deus recte colebatur, ut de altis ipsius 
campanilibus et de venustissimo ipsius apparatu intrinseco et jocalibus ipsius iuumeris taceam, 
personaliter cum quibusdam ecclesie mee canonicis laborasse, et quia ipsum parliamentum non 
tenuit nee potui pro expensarum defectu ad vos ulterius laborare, causam Dei et ecclesise mee in 
majestatis vestre regie deduco memoriam, supplicans quantum possum humilius quatenus incendiarios, 
et malefactores alios dignemini ad ipsius re-edificationem debitam et aliorum dampnorum illatorum 
satisfactionem congruam compellere per omnem censuram quam de consilio vestro videritis opportu- 
nam. Et quia ego Senex^ et debitis pro causis predictis injuriam et combustionem ecclesie mee 
prosequi ulterius ad presens non valeo, causam ipsum majestati regie in subsidium justitie, et 
servitium Dei et sancte fidei orthodoxe prosequendam et emendandam comitto, sicut venerabilis 
pater dominus episcopus Rossensis cui hec exponenda commissi excellentie regie plenius intimabit 
(cui dignetur) majestas regia super hiis credere, et mihi vestro capellano per ipsum precipere con- 
fidenter. Scriptum apud Scoon secundo die Decembris anno regni vestri primo, tempore corona- 
tionis vestre, querelam feci sed nichil invenio reformatum. Sceptrum vestrum regium inclitimi et 
solium in sanctitate et justitia corroboret et dirigat dominantium dominus et rex regum." (Page 204.) 

Alexander does not appear to have been much worse than his contemporaries in these 
violent acts, for further on we read that in July 1402, Alexander, third son of Alexander 
de Insulis, with his captains, entered forcibly into the canonry of Elgin, totally despoiled 
it of everything, burnt the greater part of the town of Elgin, and carried off the spoils. 
He again returned three months later with a yet more formidable force, but learning 
that this church had an ancient right of asylum or " sanctuary," and that he had by 
his violence incurred the sentence of excommunication, prayed for absolution, which 
appears to have been granted, as in the case of Lord Buchan, with much solemnity. 

After such acts, it was hardly necessary for our chronicler to record the following 
quaint and plaintive lament : — '*In those days there was no law in Scotland, but the 
stronger oppressed the weak, and the whole kingdom was a den of thieves ; murders, 
robberies, burnings, and other crimes remained unpunished ; and justice, baflfled, was sent 
as an exile beyond the borders." In the Liber Pluscardensis, page 329, vol. i., being the 
seventh volume of the "Historians of Scotland," 1877, we find another reference to Lord 
Buchan and his father. King Robert H. : — 

" Et sic, regno post multas tribulationes pacificato, et in prosperitate felicissima per longa 
tempera existente, dominus Eobertus, rex secundus, brevi infirmitate detentus, apud Castrum de 
Dondonald, spiritum altissimo reddendo naturie debitum solvit, et apud Sconam honorifice 
tumulatur. Obiit autem XII. Kalendas Maii, anno Domini M.CCC.XC. ; re<,aiavit annis XIX., 
cum diebus XXIII.; relinquens regnum in tranquillitate, libertate, fertilitate et pace; cujus 
anima cum CEterno Eege requiescat. Erat, vero, a totis annorum Ixxiiij. Alexander Stewart, 
filiuB regis et Comes Buchanice combussit pulcerrimam ecclesiam de Elgyn in Moravia viz. 
Cathedralem. Quotandum est quod dictus rex Eobertus secundus genuit tres filios ex sponsa sua 

^ He was consecrated by Pope Urban V. at Avignon in December 1362, and died 15th May 1397, 
according to Hailes. 



8 HISTORIC MEMORIALS OF 

Elizabeth, filia domini Adam de Mure, viz. Johannem, qui postea mutato nomine, fuit rex; et 
Robertum Albaniae ducem; ac prefaticm Alexandrum, Comitem Buchania^, qui vulgariter Lupus 
de Badenoch vocabatur et a Scotis silvestribus vocatus est Alitstar More Makin Be.** 

General David Stewart, in his work above referred to, vol. i. p. 55, appears to have attri- 
buted the acts of " The Wolf " to one of his descendants at a much later period. He says — 

" About the year 1520 the head of the family of Stewart of Garth was not only stripped of his 
authority by his friends and kindred, but confined for life, on account of his ungovernable passions 
and ferocious disposition. The cell in the Castle of Garth in which he was imprisoned was till 
lately regarded by the people with a kind of superstitious terror. 

" This tyrant was nicknamed the 'Jierce Wolf* and, if the traditionary stories related of him have 
any claim to belief, the appellation was both deserved and characteristic." 

Now, the proprietor of Forthergill and Garth Castle at that date was Niel Stewart, the 
great-great-grandson of " The Wolf," and, so far from his having been "confined for life" by 
his friends, charters in his favour and by him are in existence, and will be afterwards referred 
to, which prove that he was as much at liberty during his whole life as any of his race 
before or after him. The tradition evidently owes its origin to " The Wolf" himself, and 
refers to some of those deeds of violence which gained him this title, and to the punish- 
ment inflicted on him by his father, Robert II., till he performed the penance enjoined by 
the Bishops, and made peace with the Church. 

We have it on the authority of Douglas and other historians that Sir Alexander 
Stewart, Earl of Buchan, was married to Euphemia, Countess of Ross, &c., but mal- 
treated her. Sentence being pronounced against him by his Bishop for this and other 
misdeeds, and being bound under a penalty of £200 to behave well to his consort, he in 
revenge burnt the Cathedral of Elgin (as alluded to already), for which act he was thrown 
into prison by his father, and there confined for a considerable time, till released by his 
brother, who succeeded to the throne as Robert III., and who occupied the hunting-seat 
known as the " Palace " at Logierait,^ in the district of Athole, the ruins of which are 
still visible, and only a few miles distant from Garth Castle, the home of " The Wolf." 

^ The churchyard of Logierait is noticed further on, p. 38. 

There is lq it at this day a curious gravestone, with a large two-handed sword cut thereon, in prominent 
relief. From an account supplied by the Rev. A. Meldrum, present minister there, this reHc is associated with 
Robert IIL, who resided at this Palace or Fortalice of Logierait, more particularly after resigning the labours 
of government to Ins brother the Duke of Albany. 

Amongst his bodyguard and personal favourites was a German named Radt, on whom his Sovereign con- 
ferred as much land as was measured by a hawk's flight which, being let loose from Logierait point [GalUcb, Orbn- 
lagan], near the royal hunting-seat, alighted on the heights of Tullypourie, or " The High land under a King." 

Radt consequently became owner of these lands, which continued to be held in detached portions by his 
descendants, as in Tullypourie, Pitnacree, Eastertyre. These last named no doubt belonged to the Reids 
up to about the seventeenth century; but the intermediate lands of Tullypourie and Ballechin were 
never known to have belonged to the Reids. • It is more probable that the property assigned to Radt were 
those on which the hawk or falcon alvjhted; for those of Ballechin were, with others in the district, gifted 




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ARMORIAL BEARINGS OF THE EARLY L0R3S HIGH STEWARD &' 



THE STEWARTS OF FORTHERGILL, PERTHSHIRE, 9 

Now, whether the place in which Alexander was confined was the cell in the Castle 
of Garth referred to by Greneral David Stewart, or not, it seems more than probable that 
the tradition referred to '* The Wolf of Badenoch," and not to Niel, his great-great-grand- 
son, and that Lord Buchan was the " Fierce Wolf to whom the appellation was applied, 
whether deserved or not. 

Lord Buchan had, by Mariota, daughter of Athyn, four sons, of whom — 

(1.) Alexander Stewart, the eldest, was in 1404 created Earl of Mar by his uncle, 
Robert III., in right of his marriage with Margaret, Countess de Mar, and 
is well known as an historic character.* 
(2.) Sir Andrew Stewart, who got a grant from his brother, the Earl of Mar, of the 

lands of Sandbauch. 
(3.) Walter Stewart, who got a charter from King Robert TIL, his uncle, of the 

lands of Kinchardin. 
(4.) Jame^ Stewart, who is witness to a charter by the Earl of Mar, his brother, 
dated 24th December 1 409, where he is styled " Jacobo Stewart fratre nostro." 
This deed is now in the charter-room of the Earl of Mar and Kellie. 
It is with this James Stewart that we are more particularly interested, for historians 
are all agreed that he was father of John Stewart of Forthergill, by his wife, Janet Menzies, 
heireas of that territory. Unfortunately no charter has yet been discovered to establish 
legally James' identity as both owner of Garth and husband of Janet Menzies ; and this 
can only be assumed from the universal acknowledgment of each historian who has 
touched on the subject ; Duncan Stewart, J. A. Robertson, William Forbes Skene, the 
most justly celebrated historian of Ancient Scotland of this day, agreeing, amongst many 
others, that James Stewart, fourth son of Lord Buchan and Badenoch, married Janet 
Menzies, and was the progenitor of the Athole Stewarts, through John of Forthergill. 
Moreover, all the surrounding circumstances tend to confirm this view of historians. 
\st. As to Garth : it has been already shown that Garth formed part of the estates 
resigned to Lord Buchan by Janet Menzies. No notice of the property again appears, till, 
in a Crown charter by King James II. in 1455 to John Stewart, he is described as 
"John Stewart of Garth;" and then, in the record of his death in 1475, wq find him 
named as dying " at Garth." 

He must therefore have inherited it, as historians state, from his relationship to Lord 
Buchan ; and this is confirmed by the fact that other lands in Rannoch and Strath- 
tummel, included in the charter of 1379 to Lord Buchan, were also possessed by him 

by King James 11. to his natural son, Sir John Stewart, and have remained in the male line of his family till 
four years ago, when, on the death of Robert Steuart of Ballechin, the male line failed, and they passed into 
the hands of his sister's son, the present possessor of Ballechin, who has assumed the sole surname of 
Steuart. 

1 His death is thus quaintly recorded in the " Chronicle of Forthergill," p. 112—" Obitus Alex^ Com. de 
Mar et Garwecht A® D* M.CCCCXXV. et sepultus in Invemes XXVL Julii, qui fuit locum tenens domini 
nostri regis in temp, suo." 







lO HISTORIC MEMORIALS OF 

and his descendants '} nor do we trace amongst the charters of the Duke of Athole, or 
elsewhere, any fresh grant of these lands, either to James or his son John. 

But already in 1362 we find, by Robertson's " Index of Charters," that Robert de 
Atholia granted a charter to Alexander Menzies de Forthergill, on the marriage of the 
latter with Janet, daughter of the above Robert, one of the heirs of Glenesk. This proves 
Janet to be daughter of Robert and wife of Alexander Menzies. 

And we find the subsequent " resignation " of lands by their daughter Janet de 
Menzies takes place about seventeen years after, just when she would become of age to 
be united to Lord Buchan's son, while we know of no other reason for such an important 
alienation of great estates without " consideration." 

Lord Buchan had already large estates as the King's son, besides those obtained through 
his wife, in whose right he was Earl of Ross. That this ' ' resignation " was not an enforced spo- 
liation seems clear from its being confirmed by the King, without any process of law such as 
we shall see took place, where violence had been resorted to ; and also from the fact that 
Lord Buchan did not either divide these lands amongst his other sons, or alienate them by 
sale, as most likely would have been the case had they been under his own absolute control. 

We may consequently conclude that they were not so alienated during the lifetime of 
James Stewart and his wife, Janet Menzies ; that Lord Buchan likewise settled lands on 
his son ; and that the " resignation " by Janet was probably made in order to enable the 
whole lands to be settled on the issue of the marriage by one deed, or to get the Earl to 
clear ofi* any encumbrances on these extensive domains. 

But, likewise, we find John in possession of these identical lands and castle, not by 
purchase, but by an ordinary Crown charter, which describes him (1455) as already of 
Garth, and by a nominal rent, without any allusion therein to these domains having 
belonged to any other lineage ; yet they are John s, *' and his heirs for ever." 

2/ic?. The families of James Stewart and Janet Menzies were already nearly connected, 
he being her second cousin ; Janet's father, Alexander de Meyners or Menzies having 
been grandson of Alexander Meyners, who married Egidia Stewart, aunt of King Robert 
IL, father of Lord Buchan. 

3rcZ. Another proof of blood relationship between the families is found in 1465 : 
John, first Earl of Athole, styles John Stewart of Forthergill (son of James), " dilecto 
consanguineo nostro Johanni . . . ." 

This could only have been, as far as our present evidence goes, through James (father 
of John) ; for he was first cousin of King James L, who was half-brother to this Earl of 
Athole (see annexed Pedigree). 

Uh. Another important circumstance goes yet further to strengthen this view, viz., 
that, from the earliest times till now, the heraldic insignia of the Stewarts of Forthergill, 
and their descendants, are those of " Stewart descended from Buchan," viz. — " Or, a fess 

^ " Lassintulicht Tullochrosk Tempair Kinnequhan," charter of 1379 80, Appendix p. 62. Charier of 
Confirmation 1504-5, p. 85. Precept of Sasiue 15G1, p. 96. 




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ARMORIAL BEARINGS OT rh+E; FAMILY Qf KING HUBERT 




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THE STEWARTS OF FORTBERGILL, PERTHSHIRE. u 

chequy, az. and arg., surmounted by a lion rampant, gules ; quartering, azure, three garbs 
or, for Buchan ; all within a bordure arg., charged with three wolves' heads, erased gules ;" 
and for crest, either the griffin or the savage's head, couped, ppr.^ 

Now this shield is perfectly historical ; shows each of the early descents of the family 
with the simplicity characteristic of the uncorrupted heraldry of that day, and is conse- 
quently most interesting. It is entered in the Records of Lyon King-of-Arms. 

The Stewart and Buchan shield quarterly was borne by Alexander Stewart, as son of 
Robert 11. and Earl of Buchan, and is surmounted by the lion rampant for difference : 
the bordure represents Stirling of Glenesk, the charge of wolves' heads Robertson De 
Atholia, and the crest of the " savage's head " Menzies, of which families Janet Menzies, 
wife of James (son of Lord Buchan), was heiress ; the " griffin," however, being adopted 
by some of the Bonskeid branch. 

This coat is an excellent example of the beautiful simplicity of early heraldry, incor- 
porating as it does the representation of several families, without complicating the shield 
by profuse quarterings, a custom which has prevailed during more recent periods. 

The annexed illustrations of the armorial bearings of the earlier Stewarts show the 
affinity between the coats. We need hardly say that in that day the strict correctness of 
arms was a matter which engrossed the utmost attention, and therefore marked exactly, 
truthfully, and authoritatively before crowded assemblies the descent of those who bore 
them, and their degree of relationship to their progenitor. 

5th. Yet another circumstance corroborates the unanimity of historians on this point, viz., 
that John and his son Niel, and the wife of his grandson (Niel), are stated in the " Chronicles 
of Forthergill " (in the Taymouth charter-room), and in the " Chronicle of the Dean of Lis- 
more," to have been buried in Dunkeld Cathedral, which is twenty-five miles from Garth 
Castle, where they died. There could be no probable reason why the bodies of these persons 
should be successively taken at long intervals (1 475, 1 499, and 1 538) all that distance, except 
the fact of their relationship to *' The Wolf of Badenoch," who had been already buried there. 

As to the territory of Forthergill, no deeds have as yet been traced to prove that it 
was actually possessed by Janet Menzies, wife of James Stewart, though it is acknow- 
ledged by historians that such was the case, and that the territory came to the descen- 
dants of " The Wolf" through her marriage with James Stewai-t, his son. 

Forthergill certainly was the property of the Menzies in the fourteenth century, for a 
charter is quoted in Robertson's " Index of Charters," p. 19, " Vice Comitatus de Perth." 
'* By King Robert I., Carta to Tho" Menzies of the lands of Forthergill, in Atholia." 

^ " The Stewarts of Athole and Buchan of old (says ImhofF) accompanied their fess with waived heads, 
which I have sometimes met with in old illuminated manuscripts." The bordure is looked on as an 
honourable ordinary by the French, and by us as an additional figure or difference for the distinction of coats- 
of-arms of particular families descended from the same house, though often carried as a principal figure, as in 
the arms of the old Earls of Dunbar and March, the Earls of Panmure, Sir A. Gumming of Coulter, Lords 
Gray, Sir J. Dundas of Amistoun, the kings of Portugal and Holland, Richard Earl of Poictiers and Corn- 
wall, eta, etc. {See Nisbet's " Heraldry," ed. 1722, Edinb. voL i. 53, 309.) 



12 HISTORIC MEMORIALS, ETC. 

Again, in the reign of King David 11. , there appears, page 51 of the same authority, the 
following: — "Carta by Robert, son of Duncan, Earl of Athole, to Alexander Menzies of For- 
thergill, upon the marriage of Jean, daughter to the said Robert, one of the heirs of Glenesk." 

This Alexander is unquestionably the son and successor of Thomas Menzies, first of 
Forthergill; Thomas being the younger son of Sir Alexander Menzies, Knight, who 
married Egidia, only daughter of James, High Steward of Scotland, sister of Walter, 
Lord High Steward, and aunt to King Robert II. ( Vide Appendix to " Nisbet's 
Heraldry," pp. 243, 244.) 

Nisbet says of Sir Robert, eldest son of the above Sir Alexander, that he had " two 
sons, John, beiug the heir of the family, and Alexander de Meyners de Forthergill, which 
Alexander, by his wife Janet, got the lands in the shire of Aberdeen, in the North." 

In a footnote, " c?," he proceeds to say, " In the charter granted by the before- 
mentioned Sir Alexander to Sir Robert, his son, Alexander de Meyners de Forthergill is 
called his grandchild," and thus he founds his statement that Sir Alexander was second 
son of Sir Robert; but had omitted to ascertain that ForthergUl was previously possessed by 
Thomas, who would be the second son of Sir Alexander and Egidia, making Sir Alexander 
de Meyners de Forthergill still (as he says) grandchild of Sir Alexander and Egidia. 

In a second footnote, " e," he refers to a charter by " Janet de Meyners, Domina de 
Forthergill, to Alexander Meyners, her husband, of the lands of Fechelly, in the barony 
of Kinedicard and shire of Aberdeen, dated 9th March 1381." This charter was in 
possession of Mr. George Crawfurd. 

This Janet's daughter is the same who resigned the lands in 1375 to Lord Badenoch, 
the said resignation being probably granted, as stated by Colonel Robertson in his 
" Earldom of Athole," page 26, " in contemplation of the betrothal of Jean's child Janet 
to a son of the Earl : there was a marriage at a later period between these parties." 

From the above, which is at all events the only evidence that can at present be 
gathered to throw light on the subject, it may reasonably be concluded, in accordance 
with historic acknowledgment, that James, fourth son of the Earl of Buchan, came into 
possession of his father's lands in Athole, including the Castle of Garth ; and that by his 
marriage with Janet Menzies the estate of Forthergill came to the family. 

This James Stewart is named, as previously mentioned, in a registered charter by 
King James I. of Scotland, dated 12th August 1426, confirming another charter by 
Alexander Stewart, Earl of Mar and Garioch, to Alexander de Forbes, of the lands 
of Glencoure, dated 24th December 1409 ; to which charter James Stewart, first of 
Forthergill, brother to the said Earl of Mar, is a witness. In this charter James Stewart 
of Forthergill is termed Frater noster by the Earl of Mar. 

This Earl of Mar and Garioch was, as we have stated above, the eldest son of Alex- 
ander Stewart, Earl of Buchan and Lord Badenoch, and died a.d. 1425. The charter 
will be found in the Appendix, page 62. 



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CHAPTER II. 



AMES waa succeeded in his estates by John Stewart, second of Forthergill, 

Garth, Rannoch, Kilbroichan, &c. From the many deeds in which he ia 

named, and those granted by him, it seems clear that he was in reality what 

we find him termed, " a nobleman," one of high position and influence, and 

the descendant of men of considerable weight and authority. 

It would be diflScult for us now to define accurately the boundaries of his Forthergill 
territory. In the " Statistical Survey of Scotland," vol. x. p. 532, published in 1845, 
the " Vale " of Fortingal is said to be in all six miles long. It would extend principally 
on the north side of the River Lyon, from the Burn of Keltney, which divides it from the 
Menzies' lands on the east, and by branches of which " Burn " Garth Castle is strongly 
protected, the castle itself being about two miles north of what is now called the Bridge 
of Keltney. 

The property extends five or six miles northwards to the top of the mountain of Sith- 
chaiUiun, where the district of Hannoch is bounded on the south, and where also the 
lands of Rannoch, acquired by Lord Badenoch from Janet Menzies (aa already shown), 
join those of Forthergill. 

Thus the territory possessed by John Stewart waa considerable, and besides 
Forthergill, Bolfrachs, and the Rannoch lands, extended on the north side of the Tummel 
(loch and river), including Bonskeid (otherwise Killiebrochan) and Boranich. Tmly 
a considerable heritage even for that day. 

General David Stewart, in the Appendix to his work on the Highlanders, already 
mentioned, refers (vol. ii. page 8) to the tradition of the battle fought in Glenlyon about 
the middle of the fifteenth century in these words ; — 

"... Of such feuds many instances might be adduced. I shall select only one, which may 
serve to exemplify the apparently trivial causes from which they sometimes arose, in periods when 
men could not resort to the law for protection, and the deadly and often fatal animosity with which 
they were maintained. 

" After the middle of the fifteenth century a quarrel occurred between Stewart of Garth and a clan 
named Macivor, who then possessed the greater part of Glenlyon. The Laird of Garth had been 
nursed by a woman of the clan Macdiarmid, which was then, and is still, pretty numerous in Glen- 
lyon and Bre&dalbane. This woman had two sons, one of whom, foster-brother to the Laird, having 



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THE STEWARTS OF FORTHERGILL, PERTHSHIRE. 15 

any model of the present day. The blade is long, but, as may be supposed, much destroyed by rust. 
The axe, more decayed than the sword, is the same as was anciently used by the Highlanders when 
they closed in fight. The sword is so far curious, as it shows that the Highlanders of that age had 
small swords." 

It would almost appear as if this tradition referred to something which took place 
far earlier than the middle of the fifteenth century, and to a race of pure Celtic origin. 
We may here remark that the Stewarts, who owned and occupied Garth Castle, 
rarely assumed the designation of '* Stewarts of Garth," but generally that of 
"Stewarts of Forthei^gill," after the date of the Crown charter of 1455 to John 
Stewart. 

The tradition is, however, interesting, although it is unlikely that either John 
Stewart, or his eldest son, Niel, would have been engaged in a strife of this description 
without some record being extant, either in charters or other documents, of the 
lands thus acquired by them ; or at least the properties would be named in some of the 
numerous other deeds of their lands still preserved in the Athole and other charter-rooms. 

Titles exist for all the territory they possessed, and yet there is no trace of *' the law 
confirming what the sword had won " in territory some fourteen miles distant from 
their stronghold of Garth Castle. This is certainly remarkable. There is only one state- 
ment which can give the slightest evidence that these lands were ever in the possession of 
Niel, son of John ; and that is found in the " Band " or indenture between Niel and 
Duncan Campbell, second Laird of Glenorchay, of 15th October 1488, where it is said 
" Niel Stewart sail frely oure gife to the said Duncan Campbell the landis and bailyery 
of the landis of Glenlyoun, and never in tyme to cum sail intromet therewith, nor yet 
tak the samyn." {Vide Appendix, page 77.). 

The lands of Roro, in Glenlyon, subsequently formed a portion of the Menzies and 
Breadalbane estates. 

The derivation of the word " Lyon " is accounted for in the " Statistical Account," 
vol. X. p. 530, in a different way from that given by General Stewart, viz., from " Gleam- 
Linna," the Glen of the Lakes or Pools, or from " Glen-lighe-amluinn," the Glen of the 
Flowing River — a name highly characteristic. 

Amongst the many deeds we find relating to John Stewart of Forthergill are the 
following : — 

A feu-charter of that property from King James IL, of 30th October 1455.^ 

A notarial instrument of 28th June 1461, following on an indenture, dated Perth, 6th 
July 1460, in which he is styled "John Stewart of the Rannoch.'' Other deeds, of 12th 
August 1461, 23rd August 1462.* A very interesting deed of gift, "mortis causa," by 
which he gives an annual rent to the altar of St. Adamnan, in Dunkeld Cathedral, 
" with consent of his beloved son and apparent heir, Niel Stewart, in honour of the 

* See facsimile, No. 1, and translation, at p. 63 of Appendix. 

* See facsimile^ No. 2, and translation, at p. 67 of Appendix. 



1 6 HISTORIC MEMORIALS OF 

Holy and Undivided Trinity, the undefiled and most glorious Virgin Mary, and all the holy 
celestial citizens, especially Saints Adamnan and Colnmba, the confessors, and for the 
increase of Divine Worship in the Cathedral Church of Dunkeld, at the Altar of St. 
Adamnan therein, and with consent of Thomas, Bishop of Dunkeld, for the welfare of the 
soul of King James and his Queen, Margaret, and the soul of my dearest spouse, Mariot, 
and for the souls of my father, mother {patrum, matrum)^ brothers (and especially of 
my late brother Niel), and my sisters, and the souls of the children (prolium), and for the 
soul of Elizabeth Gordon, spouse of Niel Stewart, &c. , granting to the said Altar of St. 
Adamnan, and to one priest (preshutero) serving there, 12 merks of annual rent, out of 
the lands of Twlicwrane (Tullichcurran) and Dalnagam, lying in Strathardill," &c. 
Dated at Perth, 13th May 1472. Kobert Menzies of Comry is a witness.^ 

St. Adamnan was an abl)ot, whose biography may be found in the " Breviary of 
Aberdeen " (part. aest. fo. 114) for 23rd September. He is said to have been bom about 
A.D. 624, and his chief work was the " Life of St. Columba." He spent much of his time 
in Ireland, but was an important and popular saint in Scotland, where many churches were 
placed under his patronage. Those at Dalmeny, Dull, Grandtully, and many others, were 
dedicated to him. — (See '* Red Book of Grandtully," p. 77 ; " Kalendars of British Saints," 
by Bishop Forbes; Fordun's " Scotichron.," vol. i. p. 18, ed. Goodall ; Skene's 
'' Chronicles of Picts and Scots," pp. 74, 355 ; Reeves' '' Adamnan," p. 178; " Gretser Acta 
S.S. 0. Ben.," part ii. p. 456.) 

John also grants a reversion of lands to his sister's son, Silvester Rattray of that ilk, 
on 6th December 1474, and obtains one from the same Silvester of certain lands (meo 
carissimo avunculo) on 6th November 1467. 

All the above are in the charter-room of the Duke of Athole. 

In the " Red Book of Grandtully " (pp. 18-20) we find that on 24th February 1465 
he obtained a charter from John, Earl of Athole, of the lands of Edradagonat, now 
Edradynate. 

And in the charter-room of Castle Menzies is " Ane reversion to Johne Menzies apone 
the landis of Dalroy, daitit the last of Februarie 1475," granted by John Stewart. 

John had a younger brother, Niel Stewart, who married Elizabeth Gordon, both 
being named in the deed by which John bequeaths money for prayers for himself and 
others. 

This Elizabeth Gordon is believed to have been a sister of the Earl of Huntly, with 
whose family there was great intimacy for several generations. For example, we find 
George, Lord Huntly, surety for Niel, son of John Stewart of Forthergill, in the 
" Band" with Duncan Campbell of Glenorchy in 1488 ; in 1477, by the bond of man- 
rent between John, Earl of Athole, and said Niel, Niel reserves " his allegiance to the Earl 
of Huntlie," besides several other instances, which will be found in the proofs printed in 
the Appendix, 

^ See facsimile, No. 3, with translation, p. 70 of Appendix. 




DUNKELD CATHEDRAL, 
EARLY BURIAL PLACE OF THE STEWARTS OF FORThERGILL 



THE STEWARTS OF FORTHERGILL, PERTHSHIRE. ly 

Later, again, there was relationship by the marriage of John's grandson, Niel, with Lady 
Christian Stewart, half-sister of Lady Jean Stewart, wife of Alexander, Earl of Huntly, 
both being daughters of John, first Earl of Athole. 

John left, with other children, a daughter, who married Eettray of that ilk — a 
powerful and distinguished line. Her son, Silvester Eettray, we have already named. 
By the " Red Book of Grandtully " we see he was witness (vol. i. p. 16) in retour of 
service of Alexander Stewart, as heir to his father, Thomas Stewart, in the lands of 
GrandtuUy, on 13th May 1462, and that Andrew Rettray is served heir (p. 46) to his 
father, Silvester, in the lands of Balnacard, on 19th April 1514. 

Another daughter of John was Maud Stewart, who man-ied Thomas Stewart of 
GrandtuUy, above named, and was mother of Alexander Stewart, fourth of GrandtuUy, 
just mentioned (who married MatUda, daughter of Sir James Stewart, son of Murdoch, 
Duke of Albany), and who, on 5th July 1470, obtained a writ under the Great Seal from 
King James III. at Perth, infefting John Stewart, his eldest son, in the lands of Grand- 
tuUy, and providing that, should he himself die during the minority of his son John, his 
own mother, Maud Stewart, and her father, John Stewart of Eannoch, and her brothers, 
and whomsoever she shoidd be pleased to appoint, should be his son's guardians tiU his 
majority. — (Vol. i. p. 74.) 

At page 15 of the same volume, our John Stewart of Rannoch is named in an 
agreement between WUliam, Abbot of Cupar, and Thomas Stewart of GrandtuUy, con- 
cerning the marches of Murthly and GrandtuUy, on 10th July 1449, together with "John 
Menyheis de la Weyme, John Rettrie,'' &c. 

John Stewart died at Garth on 10th December 1475, a fact recorded in the 
" Chronicle of ForthergiU"* (printed together with the " Black Book of Taymouth," by 
the late Marquis of Breadalbane) in the foUowing words : — 

" Obitus Johannis Stuart, de FortyrgiU apud Gartt, x. die Decembris A° D* M"°cccc septuagesimo 
quinto, et sepultus est in Dunkeld." 

And this is again confirmed by the independent evidence of the Dean of Lismore's 
" Chronicle," ^ where we find the foUowing entry : — 

" 1476, Deff 10. — Obitus Johannis Stewart de FothergUl apud Gartht, x. die Decembris A° D* 
M.cccc™° septuagesimo quinto. Et sepultus est in Dunkeld." 

^ Both these records contain valuable information for historic purposes ; the latter will be found in the 
" Archaeologica Scotica," or Transactions of the Society of Antiquaries of Scotland, voL iii. p. 317, 1831. It 
contains an obituary relating to the Highlands, compiled in the sixteenth century by Ja^ Macgregor, Decanua 
LUinore, The latest date of entry is 1542. 



■s?^0*^^^53 



CHAPTER III. 



||OHN STEWART, 6rst of ForthergiU, left three sons ;— 
(1.) Niel, who succeeded him. 

(2.) Alexander, of whom we shall treat in Chapter IV. 

(3.) Jamea, mentioned as " Brother Germaine to umqubile Niel Stewart of 
ForthergiU" in the "Acta Dominorum Concilii" on 23rd March 1500, 6tb and 25th 
July 1501, and 7th October 1578. 

Niel was third Laird of the territories of ForthergiU, Garth, &c. He obtained a aasine 
as sou and heir to his father, John, for the lauds of Kilbrochan (now Bonskeid), on 26th 
April 1478. 

Ten years later we find him entering into an agreement or treaty with Duncan Camp- 
bell, second Laird of Glenorchy, who fell at Flodden Field on 9 th September 1513, together 
with the Earl of Argyle, who with Lord Huntly (died 1502) appeared as sureties for the 
due observance of its clauses. The document bears the date of 15th October 1488, and its 
quaint character wUl be gathered from the copy given in extenso in the Appendix, p. 77. 

This Duncan Campbell, second Laird of Glenorchy, who was kUlcd at the battle of 
Flodden Field, 1513, was son of Colin Campbell, first Laird (died 1480), who was next 
brother to Archibald, first Earl of Argyle. The intimacy between Duncan Campbell and 
Niel Stewart was probably caused by the fact that their sons, Colin Campbell and Niel 
Stewart of Broichau, were betrothed and subsequently married to the Ladies Marjory and 
Christian Stewart, daughters of John, Earl of Athole, half-brother to King James II. 

Again, in the year 1488, we find that, in the Parliament held at Edinburgh on the 
15th October (the date of the treaty just mentioned), Niel Stewart of ForthergiU was 
appointed " Commissioner for the Suppression of Crime, rief [or robbery]," &c. &e., along 
with Duncan Campbell and Ewyne CampbeU, for the districts of Dischertoyer,Glenorquher, 
Rannoch, ApnaduU, GlenfaUoch, Gleulyon, &c. (Acts of Parliament, vol. ii, p. 208.) 

Indeed this year seems to have been an important one in Niel's life, for, according 
to a MS. in the collections by Macfarlane and others, now existing in the Advocates' 
Library at Edinburgh, there is the following entr}'' in No. 35, 4, 8, page 434 : — 

" Bond of Dianreut by Niel Stewart of ForthyrglU, for all the days of his life, to Laurence, Lord 
OliphaDt, to ryd and gang with aU his men, kyn and friends, that he can purchase, in defence of the 
said Lord ag" all men, except the King and the Lords of Huntlie. 

" Before James Ouphant of Arquhalzie, 1488." 



THE STEWARTS OF FORTHERGILL, PERTHSHIRE. 19 

These " man-rents " were treaties, ofifensive and defensive, between the respective 
parties, in which, however, allegiance to the Sovereign and their own family connections 
was always stipulated for. General Stewart mentions one signed at the Burn of Keltney, 
24th June 1654, where the Stewarts of Athole, Monteith, and Appin bound themselves 
together for mutual protection, more particularly against the Marquis of Argyle, who had 
sided with the Covenanters. 

The Stewarts in Athole could muster a thousand fighting men ; but ranged themselves 
under the Earls of Athole, their feudal superiors, to whom contingents from the Stewarts 
of GrandtuUy, Appin, or the Menzies — each of whom could furnish some 300 each — 
were frequently very acceptable. 

In Lord Gray's charter-room we also find Niel obtaining a charter from Andrew, Lord 
Gray, on 23rd April 1478. On 26th April 1478 Niel again appears in another similar 
deed, now amongst the Athole charters ; and is mentioned, together with his brother 
" James," in the Acts of the Lords of Council under date 7th October 1478, and in 
several subsequent minutes. 

Previously to this, however, Niel had, on the 24th January 1477, obtained a con- 
firmation under the Great Seal by King James III. to himself as son and heir of the late 
John Stewart of Forthergill, of three Royal Letters granted to his father and himself 
during the King's minority, of the lands of Apnadull, Rannoch, Glenlyon, &c. &c. {p,de 
Appendix, page 75) ; while on 7th October 1478, 10th July 1480, 14th November 
1490, 19th June 1494, there are various entries in the Acts of the Lords of Council 
relating to affairs connected with his property, and complications which had arisen 
with James Shaw of Sauchy, John Moncrieff" of Moncrieff", and his own kinsman, Robert 
Menzies. These documents will be found, page 76. 

Niel Stewart, on 22nd August 1495, obtained a charter, passed under the Great Seal 
by King James IV., " to Niel Stewart of Forthergill, and Elizabeth Stewart, his wife, 
and their issue, of the Bordlands of Forthergill," &c. (Vide Appendix, page 78.) 

Further Acts of the Lords of the Council in January 1498 and January 1499 name 
Niel in conjunction with the Master of Ruthven, Lord Drummond, Stewart of Stratheme, 
Stewart of Monteath, Duncan Campbell of Glenorchy, and others. (See Appendix, p. 78.) 

In his old age Niel seems to have suffered injury from John, Earl of Athole, who 
had " vexit and troublit him in the peccable brocking and joising of his landis," as is 
said in another of the Acts of the Lords of Council on 13th January 1499. (See page 79.) 

Niel I. died at Garth Castle, 31st January 1499, as is shown by the entry in the 
" Chronicle of Forthergill," which states — " Obitus Nigelli Stuart de Fortyrgill, apud 
Gart, ultimo dei Januarii Anno M^cccc nonogesimo nono," and further corroborated by 
the " Chronicle of the Deao of Lismore," where we find : — 

" llfid, Jan^ SI, — Obitus Nigelli Stewart apud Gartht ; et sepultus in Dunkeld, ultimo Januarii 
Anno Domini I™^ quadringentesimo nonagesimo nono." 

He left three sons : — 



20 HISTORIC MEMORIALS OF 

iWeZ, who succeeded him, and is called in the old Chronicle of Forthergill**The Red" Niel. 

Malcolm and John, who are both named in the Acta Dom. Concilii of 1 7th March 
1500 as sons to umquhile Niel Stewart of Forthergill. 

Niel I. was succeeded by his eldest son, Niel II., as third Laird of Forthergill, Garth, &c. 

He married Christian, daughter of John, first Earl of Athole, as is proved by a very 
curious bond of manrent between his father, Niel L, and the Earl, which is dated 22nd 
January 1477, and provides for the marriage of the said Christian with Niel, son of 
Niel Stewart of Forthergill.^ 

She died on 30th May 1538, and was buried in the Cathedral of Dunkeld, or, in the 
words of the Chronicle of Forthergill, " Obitus Christine Stuart, Domina de Forthergill, et 
sponse Nigelli Roy de Fortyrgill, qui obiit apud Fos penultimo die Mai, et sepulta apud 
Dunkeld A" D* Mv^xxxviij." 

This is confirmed in almost the same wording by the Dean of Lismore's Chronicle, 
which adds that she died at Garth, and was buried near the Altar of Ninian. 

This marriage of " Niel Stewart of Garth " to Lady Christian is mentioned in the 
MSS. of Lord Ochiltree. --(Adv. Lib.) 

On 3rd November 1500 Niel obtained a precept of " clare constat" from Andrew, 
Lord Gray, as heir to his father, Niel, in the lands of Killiebrochan,^ &c. ; and on 1st 
March 1504, a precept of sasine by King James IV. to himself and " Christian Stewart, 
his spouse," in the lands of Forthergill, &c. 

The first mention of this Niel, or Nigel, in the Acts of the Lords of the Council, is 
on 26th November 1500, where he is described as **Nele Stewart, son and air til umquhile 
Neile Stewart of Forthergill ;" as also in subsequent Acts of 15th, 17th, 22nd, and 23rd 
March and 26th June 1500, 6th and 21st July 1501, by which it is shown that there 
was a feud between the Menzies and the Forthergill Stewarts regarding their respective 
properties, a feud apparently handed down from the preceding generation, and which, in 
the present one, was, as we shall presently see, destined to have the most serious results to 
both the sides involved. 

The feud had, on the succession of Niel Stewart II., reached such a point that the 
Menzies applied for the interference of the Lords of Council, who issued several decreets 
in the matter; but even law seems to have been ineffectual in preserving peace between 
the contending parties, who now had to find sureties that each should be **harmles and 
skaithles from the other." 

John, Earl of Athole, became surety for Niel, who, as we have shown, was his brother- 
in-law ; Alexander, Lord Gordon, became " pleg" for Malcolm and John, Niel's brothers; 
and Robert Menzies of Ennach for his brother, John the Menzies. 

This feud seems in fact to have included, in one way or another, most of the principal 
families around, and Niel's uncle, James Stewart, also obtained decisions of the Council 

1 See facsimile^ No. 4, with translation, p. 74 of Appendix. 

2 These lands of Broichan, or Killiebrochan, are a portion of the Bonskeid property. 



■f 



KINO ROBERT II. 

Alex. Stewart, £ai*l 
of Buchau. 



L 



James Stewart, = Janet Menzies. 
IstofForther- 



giU. 



Lbeth Oordon = Niel Stewart. 



i 



John, 2ndof Forthergill, 
Rannoch, Kilbroi- 
ohan, Oarth, etc., 
1 1475. 



= . . . . Marion .... 



I 

• • • 

Stewart 



= Rattray of 
that ilk. 



Elizabeth Stewart = Niel Stewart of Alex. Stewart, 

Forthergill 1st of Bon- 

and Garth, skeid. 

etc. I 



Maud Stewart 
of Forther- 
gill. 



Ghrii 



>lin Campbell Lady Christian = Niel Stewart 
enorchy, son Stewart | of Broichan. 

T Dnncan. y 



Thos. Stewart, 
8rd of Grand- 
tully. 



I 
Silvester Rattray 



Matilda Stewart, 
sister of Lord 
Eyandale. 



L 



Alex. Stewart, 
4th of Orand- 
tully. 



r 

Andrew Rattray. 



bhof 



John Stewart, 5th of Grandtnlly, 
1 1488 (see below). 

I 



I 



Janet Stewart, named as 
danr. of Thos. Stewart 
in charter of Great 
Seal, 6th AprU 1567. 



George Robertson of 
Faskally. 



1572. 

rt, only = John Stewart, 4th of Bonskdd, great- 
iress of mndson of Alex. Stewart, 1st of 

Bonskeid.aboTe named. Marr.contr. 

dated 11th Oct 1572. 



■ iil 



u 



I 

Alex. Stewart, 5th of Bonskeid = Margt. Robertson of Faskally. 



1638. I 

^lenzies of Comrie = James Stewart of Wester Cluny. 

I 



'I 



\iA ii : 






, :j 



i: . 



h.'f. j\ . 



:v ;> :! 



b*> 



p. 



i'*r 



' t 



'I "• ! 



i • •!«;•' 






r. 



>i ' 



THE STEWARTS OF FOR THE R GILL, PERTHSHIRE. 2 1 

against Alexander (brother of *' umquhile Tho' Stewart of GrandtuUy "), and his spouse, 
Agnes Murray, for wrongful seizure of his lands. 

The flame which the Lords of the Council had done their best to stifle now broke out 
with redoubled fury, and culminated in a disastrous raid by Niel Stewart and a 
numerous body of his armed partisans on the property of The Menzies, in "September 
1 502. Robert Menzies' fine castle of Weem was wasted and burnt to the gi'ound, with 
most of its contents — charters, arms of every sort, harness, culverins, bucklers, steel 
helmets, and household goods all perishing in the conflagration, while the lands and cattle 
were irretrievably harried and devastated. 

This terrible attack seems to have made a lasting impression in the county ; for it is 
constantly alluded to in its various annals, and its date is thus noted in the ** Chronicles 
of Forthergill "— " Combustus fuit Weym per Nigellum Stuart de Gart, A^ D* 1502, in 
mense Septembris ;" and in almost the same words in the Dean of Lismore's Chronicle. 

In addition to his losses, Robert Menzies seems to have been captured, and to have 
had extorted from him by Niel, " at the Chapel of the Melyn," a deed of indemnity, 
freeing the latter from all claim for the damage and ruin he had inflicted on Menzies ; but 
though put in as evidence before the Council by Niel in the action brought against him 
(1504) by Robert as soon as he had regained his freedom, yet the " Lordis repellit and 
decernit it of nane avale, becaus they understude that he was nocht at full liberte, as was 
requirit of the law, quhen he maid the said discharge, but was in danger of the said Niel and 
his complices, and the place quhare the said discharge was maid was within the boundis 
quhare the said Nele and his complices mycht haif done harme to the said Robert." 

This was on 14th March 1504, and on the following day a long and important decree 
was issued against Niel, his first cousin, Robert of Bonskeid (of whom we shall treat in 
the next chapter), Robert Stewart of Grandtully, his kinsman, and several others, assessing 
the amounts to be paid by them to Robert Menzies for the grievous losses he had sustained. 

Niel seems to have disregarded every summons to appear in person before the Council, 
though he did so by his " procurator,'' and notwithstanding these exploits, even while 
this process was pending, had suflicient weight and interest to obtain the charter we have 
already alluded to above, by which King James IV. grants certain lands to him and his wife, 
Lady Christine Stewart. This would show that such acts were looked on lightly, and rather 
as duels were in our early days, than as rendering the actors therein outlaws and rebels. 

Whether Niel and his first cousin, Robert of Bonskeid, satisfied the heavy amounts 
assessed against them is not shown, but it is evident that to do so they had to forfeit 
some portion of their estates ; for we find that Niel's kinsman, Andrew, Lord Gray, makes 
considerable difficulties in admitting Robert Menzies to hold the lands of Bonskeid and 
Borenichj which we know formed a portion of the ancestral territory of Niel I., and 
passed to his next brother, Alexander. 

Repeated references are found respecting these transfers of lands, which shall be 
referred to more particularly when we treat of Robert Stewart in the next chapter. And 



22 HISTORIC MEMORIALS OF 

it seems pretty clear that Niel 11. had to pay severely for his raid on Weem, as in the 
Register of the Great Seal (Lib. xiv., No. 206) there is a charter by King James IV. to 
" Alex^, Earl of Huntlie, of the lands and barony of ForthirgiU, with the castle and 
fortalice of Garth ; also the lands of Pitdorny, TuUochcarron, and Dalnagam, in the 
shire of Perth ; which lands, barony, castle, &c., belonged to Niel Stewart, son and heir of 
the late Niel Stewart of Forthergill, in heritage, and which the said Niel Stewart, younger, 
resigned into the King's hands at Edinburgh." This was on 25th March 1505, three years 
after the raid ; but as the Earl of Huntlie was married to Lady Jean Stewart, half-sister of 
Niel Stewart's wife, it is not improbable that the transaction was a mere form to prevent 
The Menzies getting the property as compensation for his losses, and that the law did not scru- 
tinise the transaction too closely, owing to the powerful interest exerted for Niel *'the Red."^ 

The burning of Weem Castle by Niel IL in 1502 was one of those lawless acts not 
unfrequent at that time, and for which many a parallel could be given. 

We cannot now account for it, except on the supposition found in some histories, that 
a claim had been made by Robert Menzies of Weem to lands possessed by Niel, and 
acquired by him through his great-grandmother, Janet Menzies, heiress of Forthergill, and 
which Robert believed ought, after her father's death, to have descended to him as heir- 
male of John de Meyners (uncle of Janet). 

No legal evidence of this has, however, been discovered, and it is highly probable that 
all such evidence purposely perished in the conflagration of Weem, and that its destruc- 
tion was a great incentive to the raid on that castle. 

It is, however, hardly likely that Niel Stewart, a son-in-law of the first and brother- 
in-law of the second Earl of Athole, and whose wife was niece of King James IL, and 
himself a man of position in his own right, would have made such an annihilation of the 
stronghold and property of his neighbour and kinsman as to sack and burn everything 
ruthlessly, had he not received grievous provocation from " The Menzies." 

Indeed, it would be unfair for us now to judge, from our present standard of right 
and wrong, of such acts committed four centuries ago — acts so eminently characteristic 
of the state of society at that time — a time when law was neither impartial, nor respected,* 
nor enforced, unless perhaps by the strongest. 

The decree, given at length in the Appendix (p. 86), is a most interesting document, 
and gives details of many of the personal articles destroyed. 

The Weem Castle he destroyed was not on the same site as the present fine castle 
of Sir Robert Menzies, but two hundred yards westwards, and farther up the hill. No 
trace of it remains now. 

The present Castle was founded 1571, and completed by James Menzies, a stone in 
the south-west wing giving the initials of 

J. M. — B. S. 

1 Niel's sister-in-law. Lady Ann Stewart, was married to the Earl of Lennox, and their son Matthew 
became Eegent of Scotland. 




I " 

CO '£ 

?: N 



%k 



THE STEWARTS OF FORTHERGILLy PERTHSHIRE. 23 

for James Menzies and Barbara Stewart, daughter of John, third Earl of Athole, nephew 
to Niel Stewart 11. This James was father of Duncan Menzies of Comrie (his second 
son), who again was father of Barbara Menzies, married in 1638 to James Stewart of 
Wester Cluny, and referred to hereafter. 

"The Red" Niel's first wife. Christian, died, as we have shown, in 1538 ; he then 
married Mariota, daughter of Donyll M*Quein, who came to a mysterious end, being killed 
in the torrent which we described as protecting Garth Castle on two sides of its delta- 
shaped ground. This occurred on 16 th August 1545, and she was buried in Forthergill. 

Whether she was the victim of malice or accident is uncertain, but the following is 
the entry in the ** Chronicle of Forthergill : " 

" Obitus sive interfectio Mariote Neyn DonyU V^Quein sponsse Nigelli Stuart de Gart que fuit 
necata per Alexandrum Stuart in torrente sub castro de Gart necligenter per ictum lapidis xvL die 
Augusti A*> D» MV^^XLV. et sepulta in FortyrgilL" 

Her father, Donald MacQuhene, seems to have been a person of position, for his death 
is also recorded in the " Chronicle of the Dean of Lismore " — 

*' 1498, Apr. 23 : Obitus Donaldi M^Quhene apud Fothergill xxiij Aprilis anno I^cccc"*^ nona 
gesimo viij." 

All the documents referred to as relating to Niel II. will be found in the Appendix, 
pages 79-93. 

Niel, like a brave man, survived all his troubles, whether of battle or law, and closed 
a turbulent life in 1554, leaving two children : — 

John Stewart, who succeeded him : 
Marie Stewart, who succeeded her brother in his lands. 

John Stewart, fourth Laird of Forthergill, was served heir to his father, Nigel II. 
(third Laird), in the lands of Ealbrochan, &c., on 29th November 1554. 

He was apparently the last male possessor of Garth, and died without issue in 1577; 
for his sister Marie was served heir to her brother and father on 29 th July of that year. 
(Vide Appendix, pp. 97-101.) 

Marie appears to have had some diflSculty in getting herself entered as heir to her 
brother John, her claim being contested by John Stewart of Bonskeid, son of James 
Stewart, third Laird of Bonskeid, which James was her second cousin, and whose line is 
treated of in the next chapter. 

She, however, established her case, and obtained a decision of the Council in her 
favour, the deeds, still extant in the Bonskeid charter-chest, showing the various stages of 
the proceedings, {yide Appendix, p. 100.) 




CHAPTER IV. 

■HE lineage of Niel I., eldest soo of John Stewart of Forthergill, having tfius 
become extinct, we return to John's second son, Alexander, who, on 31st 
December 1474, received from his father a precept and charter of the lands 
of Killiebrochan or Bonskeid (as appears in a " Summons by Lord Gray," 
issued in 1604 — vide Appendix, p. 109), and others, from his brother Niel I. on 27th June 
1478. 

This Alexander received a dispensation, which we find named thus — " Alex' Stewart's 
Dispensation and his Wife's," in a long list of deeds, of which James Stewart of Fincastle 
acknowledges receipt in 1577. {Vide Appendix, p. 105.) 

This may have been for difficulties in their marriage through consanguinity ; but the 
document has not yet been discovered, nor is Alexander's name found in Father Theiner's 
valuable " Vetera Monuraenta." 

This Alexander, first Laird of Bonskeid, dying in 1501, was succeeded by his son 
Robert Stewart, who, as shown by the " Summons" already referred to, on 19th May 
of that year, received a sasine of the Bonskeid lauds (" as heir to his father Alexander "} 
on a precept by his first cousin, " The Red Niel," of Forthergill and Garth Castle. 

We have seen already that Robert took an active share in the destruction of Weem 
Castle by his cousin, and was heavily mulcted in consequence ; indeed, in the charter- 
room of Lord Gray there are deeds which show that Sir Robert Menzies, with the aid of 
the Lords of Council, endeavoured to wrest the lands of Monrannych and Monskeid 
(viz., Borenich and Bonskeid) from Robert, though not till " Letters under the Signet of 
King James V." had been obtained for the enforcing of the decrees. 

This was on 14th September 1530, when the litigation had already extended over 
twenty-eight years. Nor have we indeed found that Menzies ever actually obtained the 
lands after all ! 

Abstracts of the deeds connected with all these circumstances will be found in the 
Appendix, pages 87-89. 

In Lord Gray's charter-room are several deeds, about ten in number, relating to the 
legal steps taken by Sir Robert Menzies against Lord Gray, to cause him to receive Sir 
Robert as rightful holder of the lands of which he had tried to dispossess Robert Stewart 
of Bonskeid, as compensation for the latter's share in the burning of Weem Castle. 

These deeds extend from 1508 to 1530, and it is clear from them that he was much 



THE STEWARTS OF FORTHERGILL, PERTHSHIRE. 25 

harassed by Menzies. Andrew, Lord Gray, however, upheld Stewart, for Lord Gray's 
wife, Lady Elizabeth Stewart, was sister to Lady Christian Stewart, wife of Niel Stewart, 
first cousin to Robert of Bonskeid. 

Both the cousins seem to have been hard pressed by Menzies and the law ; and we 
find that in March 1505 the Earl of Huntly takes over his kinsman Niel's estates of 
Forthergill and Garth, and Lord Gray sheltered Robert to the best of his ability, the 
Bonskeid lands never having been diverted from Robert or his descendants. Probably 
the transfei's were fictitious, and only forms gone through to evade the penalties incurred 
by the cousins, and not too strictly inquired into, owing to their powerful interest and 
connections. 

The following are the charters referred to : — 

EXCERPTS from INTElfTORY of MUNIMENTS belongmg to Lord Gray of Gray. 
Vol. III. — Comprehending Writs of Lands belonging to Lords Gray, but now sold. 

BUNDLE LVI. 

MONTSKEID, IN THE Co. OF PERTH. 

494. Precept of Sasine, directed by Andrew, Lord Gray, to his Baillie, for infefting Sir Rob* Menzies, 

Kn*, of that Ilk, in the lands of Montskeid and Montranniche, &c. &c., in the shire of 
Perth.— Dated at Fowlis, 5th Aug* 1508. 

495. Letters of Charge by K. Ja» IV. at the instance of Bob* Menzies of that Ilk, Kn*, ag^ Andrew, 

Lord Gray, charging the latter to receive the said Sir Bob* as his tenant of the lands of 
Monskyd and Montrannith, and to warrant and defend him in the possession thereof, in 
terms of the letters of apprysing led thereupon. — Given under the Signet at Edinburgh 
26th Feb^ 1512. 

496. Decreet of the Lords of Council anent the summons at the instance of the said Bobert Menzies 

ag^ Andrew, Lord Gray, as superior, and Robert Stewart and Alex' Donaldson, occupiers of 
the said lands of Monskyd and Monrannith, decerning the said Lord Gray to receive of the 
said Sir Bob* as his tenant, and continuing the summons ag"* the said occupiers. — Dated 
22nd Feby 1512. 

497. Letters of the Lords of Council continuing the summons at the instance of the said Bob* 

Menzies ag** the said Andrew, Lord Gray, Alex' Donaldson, and Bob* Stewart, for the 
causes mentioned in the foregoing decreet, till 20th Fel/ next. — Dated at Edinburgh 9th 
Dec' 1512. 

498. Precept of Sasine by the said Andrew, Lord Gray, to his Baihes, for infefting the said Sir Bob* 

Menzies in the said lands of Monsketh and Monrannyth, in the barony of Forgund and shire 
of Perth, which lands belonged hereditarily to Bob* Stewart, and had been apprysed to the 
said Sir Bob* Menzies, Kn*, for a certain sum of money. — Dated at Perth 29th March 1513. 

499. Discharge by the said Sir Bob* Menzies to the said Andrew, Lord Gray, for the sum of 100 

merks Scots, for the resignation by the said Bob* in the hands of the said Lord, as superior 
thereof, of the said lands of Monsked and Monrannjrth. — Dated at Perth 30th March 1513. 

500. Instrument of Double Sasine proceeding on precepts from Andrew, Lord Gray, and from the 

Chancery of K James TV., in favour of the said Sir Bob* Menzies, of the said lands of 
Monsked and Monrannyth. — Dated 30th March 1513. 



£ 



26 HISTORIC MEMORIALS OF 

501. Procuratory by the said Sir Robert Menzies appointing procurators for resigning the said lands 

of Monsked and Monrannyth in the hands of Pairick, Lord Gray, superior thereof, to remain 
with him and his heirs. — Dated at Perth 7th Aug* 1515. 

502. Apprysing of the said lands of Monsked and Wester-Bowranny (which were wedset by Niel 

Stewart to Robert Stewart for 340 merks) in favour of Robert Menzies of that Ilk, Kn*, for 
part of payment of a large sum due to the latter by the said Rob* Stewart, which lands were 
held by the said Niel Stewart in blench farm for payment of a penny Scots. — Dated at Perth 
30th October 1518. 

503. Letters under the Signet of King James V. charging Andrew, Lord Gray, to receive the said 

Robert Menzies of that Ilk, Kn*, as his tenant of the said lands of Monrannych and Mon- 
sked, and to infeft him heritably therein. — Dated at Edinburgh 14th Sep' 1530. 

Robert, second Laird of Bonskeid, died 1546, and was succeeded by his son, JwmeSy 
third Laird of Bonskeid. He received a precept of " clare constat " from Niel Stewart 
of Forthergill (his father's first cousin), as son and heir to the late (umquhile) Robert 
Stewart, of the lands of Bonskeid and Bonrannoch. This is dated 7th July 1546. 

James married first a daughter of Dougal Robertson of Faskally, but seems to have 
been unlucky in his selection of a consort, for we find mention of a *' sentence of divorce- 
ment betwix' James Stewart and Dougal M'Robert's daughter ;" and she is also named as 
'' FaskaUy's dochtir." 

This James, third Laird of Bonskeid, inarried, secondly, Janet, daughter of James 
Stewart of Fincastle, who is styled his " sponsa moderna," and had two children — John^ 
who succeeded him, and Isabel^ who, on 22nd April 1580, signs a " discharge of tocher" 
on her approaching marriage with Angus M'Ane Woir M'Condoquhy. 

Their marriage-contract bears date 10th April 1580 ; both deeds bear the signatures 
of Isabel and Angus, and of her father, James, respectively, with the curious attestation, 
**with our handis led on the pen be Schir Walter Robeitsoun, notar." (Appendix, p. 107.) 

James Stewart died 16th October 1565, as shown by his will, proved 28th January 
1567 {rnde Appendix, p. 101), under which he appoints William Stewart of Grandtully 
curator, and Alexander Stewart of Carse (brother of this Willram) guardian of his 
children. 

John Stewart, fourth Laird of Bonskeid, succeeded his father, James, as a minor. 
He received, on 12th June 1563, from John Stewart of Bonrannoch (last male possessor 
of Garth Castle), a charter of the lands of Bonskeid (or Killiebrochan), &c., as being 
**lauchfull sone to the said umquhile James Stewart of Bonskeid, . . . and the 
said Janet Stewart, his spous," on resignation of these properties by his father. 

During John's minority, Alexander Stewart of Carse (in Appin of Dull, tutor of Grand- 
tully) was appointed his guardian by his father's will. This Alexander was second 
son of Thomas Stewart, eighth Laird of Grandtully, by Margaret, his wife, daughter 
of William Murray of TuUibardine, and was succeeded in his Carse estate by his nephew, 
Thomas, tenth Laird of Grandtully, who was served as his heir-male. 

John Stewart married Alexander's only child, Margaret, and the marriage-contract is 



THE STEWARTS OF FORTHERGILL, PERTHSHIRE. 27 

dated Perth, 11th October 1572, to which the Earl of Athole and William Stewart, ninth 
Laird of GrandtuUy, are consenting parties. (See Appendix, p. 103.) 

John Stewart unhappily fell a victim to the troubles of that day, being murdered, 
together with one of his attendants, in December 1605, between Dunkeld and Athole, by 
a marauding party under AUaster Stewart M'Gilliechallum of Tenandrie, who, however, 
was executed at the Market Cross of Edinburgh, in accordance with the sentence passed on 
him on 27th January 1607. Vide Appendix, p. 117, where are given the Royal procla- 
mation against them and those who harbour them, the trial and sentence of M'Gilliechallum, 
Ac. &c. ; also a writ from the Lords of Council, by which, on 17th July 1605, John 
Stewart (fourth of Bonskeid), with his sons, Alexander and John, and others, had to enter 
into sureties not to molest one Alester Robertson of Callwoin (or Calmein) ; who, however, 
seems to have amply deserved their " deadlie heitreint, invy, and malice," for his name 
is amongst those indicted in the proclamation of May 1606 for harbouring the murderers 
of John, his servant, and his son, and repeatedly supplying them with necessaries, Ac. 

John Stewart left two sons :— 

(1.) Alexander, who succeeded him. 

(2.) Johriy who was assassinated at Easter 1606 by the marauding party which 
had the previous year murdered his father. 

Alexander Stewart, fifth Laird of Bonskeid, received from Patrick, Master of Gray, 
a precept of dare constat in his favour as heir to his father, John, in his lands, dated 
13th April 1607, the sasine issued thereon bearing date of 1st June following. 

He had the narrowest escape from being assassinated at the same time as his younger 
brother John ; for the deliberations of the Lords of Council of 5th May 1606 state that 
the murderers "layat awaitt to have slane and murdreist the said Alex' Stewart 
and his brether, and in end haveing thair purpois, as they thocht, reddy for the executioun, 
and coming quhair the said Alexander and his said brether wes for the tyme, resolved to 
have prosequted thair detestable and barbarous resolutioun. Thay maist cruellie and 
feirslie sett upoun him, invadit, and persewit him and his said brether of thair lyves, 
and cruellie and vnmercifullie slew the said umquhile Johne, brother to the said Alex- 
ander, and the said Duncan M'Candebeg, his servant, and had no fiiillit to have slane 
himselff, wer not be the providence of God he vcrie narrowlie eschaped. . . . ." 

He married Margaret, daughter of George Robertson of Faskally, who is named as 
** L)rferenter of Bonskeid,'' in a receipt given on 26th November 1629 by Mr. John 
Cunison, minister of the parish of Dowll. {Vide Appendix, p. 133.) 

This Margaret is also mentioned by General David Stewart in his " Sketches 
of the Highlanders,*' vol. ii., Appendix xxix. : '* There is a manuscript volume, 
preserved in the family of Stewart of Urrard, of 260 pages, of poems, songs, and short 
tracts in the Scottish language, written, as is stated oYi the first page, by Margaret 
Robertson of Faskally, and wife of Alexander Stewart of Bonskeid, dated 1643; it is 
written in a beautiful hand, and with such correctness that it might be sent to the press." 



28 HISTORIC MEMORIALS OF 

This document is now (1879) in the possession of Sir J. Stewart Richardson of 

Pitfonr, Bart., whose mother was a Miss Alston Stewart, one of the representatives of the 

Urrard Stewarta, now extinct in the male line. The quaint title referred to is as 

follows : — 

" MARGAEAT ROtSOUNE, 

WITH MY HAND, 
1630." 

" This bulk perteenes to a verie honourable womane, 

MARGAEAT ROBERTSOUNE, 

Relict of umq" Alexander Steuart, of Bonskeid. 

Anno Domini 
1630." 

These murders were not uncommon even a century later, as may be seen by " Lady 
Naime's Life and Songs." According to a curious Highland superstition, the murderer 
who could contrive to see sun and sky under the body of his victim was sure to escape 
the penalty of his crime; and many instances axe given of the perpetrator conceaUng 
himself under a bridge or in the brushwood near the scene of slaughter, and, with his ear 
to the earth, managing to see sun and sky under the blood-stained plaid which enfolded 
the lifeless corpse, then escaping in safety, .and in some cases even returning home 
eventually, and there remaining unmolested. 

Alexander Stewart, fifth Laird of Bonskeid, left by his wife, Margaret Robertson of 
Faskally, two sons, viz. : — 

(l.) John Stewart, who succeeded to the Bonskeid estates as sixth Laird, and 
whose male descendants became extinct on the death of Alexander Stewart, 
last of Bonskeid, who married Miss Bisset, and died without surviving male 
issue. ^ {Vide " Lady Nairne's Life and Songs.") 

He was succeeded by his only daughter, Margaret, who married Glas 
Sandeman, Esquire, of Springland, Perth, and whose daughter married 
George Barbour, Esquire, now of Bonskeid. 
(2.) James Stewart, of Wester Clunie. 
We find that James obtained a charter in his favour (by Alexander of Bonskeid, his 
father) of the lands of Wester Clunie on 29th May 1625, and a sasine of them two days 
later, registered 24th June 1625 ; as also another, as fiar of Wester Clunie, of a portion 
of Gavell Moir, on 16th November 1633, registered on 8th Januar}'- 1634. 

He is also mentioned in the Valuation Roll of 1649-50 for Moulin paiish, as **of 
Wester Cluny, parish of Mulzoing." 

^ His father, Alexander Stewart of Bonskeid, married for his second wife Marjory, daughter of Lawrence 
Oliphant of Gask, by his wife Margaret, daughter of Duncan Eobertson of Struan, and second cousin of 
Alexander Robertson of Struan, the Jacobite chieftain and poet, who married Mary, daughter of the second 
Lord Nairn, fourth son of John, first Marquis of Athole, and Lady Amelia Stanley, daughter of the seventh 
Earl of Derby. 



THE STE WARTS OF FORTHERGILL, PERTHSHIRE. 



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30 



HISTORIC MEMORIALS OF 



James Stewart, on 15th August 1638, married Barbara^ daughter of Duncan Menzies 
of Comrie,* by Mary Campbell, his wife, both of whom are named in a charter which 
Duncan obtained on 16th December 1615 from William, Earl of Tulliebardine, to 
himseK and his wife, of certain lands of Garth and Forthergill. 

This same Duncan we find named in another charter thus described in the " Index 

of Charters " in the Signet Library : — 

" Menzies de Comries. 
" Carta Duncano et Marias Campbell ejus sponsae, Terrarum de Balnagard, &c., Perth, 25 Aug* 1614:" 

and the pedigree annexed shows his immediate descent. 

In 1650, Duncan's son, Alexander Menzies of Comries, is found in Gloag's Valuation 
Roll of Perthshire as holder of the lands " of Comries, Kilmorich, Roro, Balnagaird, and 
other lands, in the parishes of Fortingall, Dull, Dowallie, Little Dunkeld," Ac. And in 
August 1659, Alexander Menzies of Comries grants a charter of the lands of Balnagaird 
to James Stewart of Wester Clunie, and Barbara Menzies, his spouse, with consent of 
Duncan, son of Alexander and Beatrice Campbell, wife of the said Alexander Menzies. 

James Stewart and Barbara Menzies had five sons, respecting whom the following 
entry is still extant in the family Bible, now in possession of J. Stewart-Robertson of 
Edradynate, whose father, James, was great-great-grandson to the above James and 
Barbara : — 

" The age of James Stewart of Wester Cluny his children, procreat betwixt himself and Barbara 
Menzies, lawful daughter to Duncan Menzies of Comrie, who was married the 18th day of August 
1638:— 

(1.) Alexander [their eldest son] was bom the 24th day of June 1639. 

Beatrice. 
(2.) John was bom the 30th day of June 1643. 

Doratie. 
(3.) James was bom the 8th Feb^ 1647. 
(4.) William was born the 14th Feby 1648. 

Janet. 
(5.) Robert, and Margaret, was born, being twins, the Ist day of May 1650." 

Alexander Stewart, the eldest son of James, is granted a sasine by his father of the 
lands of Wester Clunie on 3rd and 22nd July 1667 ; and on 12th July 1673, John, Earl 
of Athole, confirms this transfer. 

Alexander married Isabel, daughter of John Stewart of Balnakellie, whose name 
appears with that of her husband, Alexander, on a tablet in St. Nicholas' Church, Carrick- 
fergus, a copy of which will be found further on. We also find her named in a sasine of 

1 This Duncan was brother to Alexander Menzies of that Ilk, as shown by Regis. Mag. Sigilli, Lib, 50, 
No. 58, where Alexander styles Duncan his brother-gennan in Crown charter of 2ud August 1622, confirming 
a charter of 23rd July 1601. {See Appendix, p. 122.) 





Jfm "T^ 



1, 



J 



INSCRIPTIONS RELATING TO ALEXANDER 8, ISABELLA STEWART, 



AT WESTER ClUNY 



THE STEWARTS OF FORTHERGILL, PERTHSHIRE. 31 

23rd January 1710, by which Alexander gives over certain lands to their son James, 
reserving his own liferent and that of Isabel Stewart, his wife. ( Vide Appendix, p. 136.) 
Their chQdren were — 

(1.) James, of Wester Clunie, minister of Moulin. (For him and his descendants, 

see Chapter VI.) 
(2.) Captain Alexandei*^ (stated by Duncan Stewart to be of Dundee), named as 
" brother-german to Rev. James Stewart, minister of Moulin," in a settlement 
by Rev. Robert Stewart (now in Edradynate charter-chest). He left no 
issue apparently. 
(3.) Charles y who became an officer in the 5th Dragoons, and settled in Ireland. 
(For whose descendants see Chapter VII.) 
On two large stones now in the wall of the old farmhouse of Wester Clunie may 
still be seen the following memorials of Alexander Stewart and Isabella Stewart of 
Balnakillie. On one stone are their respective initials, between a heart, as in the plate 
appended, while on the other are the initials A. S., with the date 1672. 

In 1709 (July 21) Alexander grants a disposition of the lands of Cluny to his 
eldest son, James Stewart; and on 29th December 1712, also conveys to him the lands 
of Camock, as disponed to him by John, Duke of Athole, on 19th December 1711. 

By a recorded deed of assignment (now in the charter-chest of Edi-adynate) by Rev. 
Robert Stewart, we find that his brother, Alexander of Clunie, and James, son of 
Alexander, and then minister of Moulin, were granted, on 10th November 1702, a bond 
for 500 merks, but the deed itself is dated 12th October 1727, and mentions Alexander 
Stewart on the latter date as " deceased," though alive in 1 702. 

* In that useful periodical, "The Genealogist" (vol. L p. 172), there are some extracts given from a 
private " Eegister of Marriages, Funerals, &c., solemnized by Rev** Tho* Norris, Chaplain to the Forces, 1716," 
in which is the following entry : — 

"Marriages at Ostend, 17 Jan^ 1716, 

" W" Atken, Esq", Lieut* in the First Foreign Veteran Batt°, Bachelor, and Ann Stewart, dau' of Alex' 
Stewart, of the neighbourhood of Dundee, Spinster." 




WMai«ii«^ 



CHAPTER V. 

BEFORE proceeding to trace the line of James, eldest son of Alexander, we will 
follow out the line of the Reverend Robert Stewart (younger brother of this 
Alexander, second of Wester Clunie), as it is alone through him and his 
descendants that the connection with landed property in the district of Athole 

by the " Stewarts of Forthergill " has been maintained in the male line unbroken to the 

present time. 

(2.) The Reverend ^otcri Stewart wasBecondsurvivingsonof James Stewart of Wester 

Clunie, by his wife, Barbara Menzies. His family Bible (now in possession of 

bis great-great-grandson and sole male representative, James Stewart-Robertson 

of Edradynate) contains the entry in the handwriting of Robert, the youngest 

son, which we have already given in the preceding chapter, page 30. 

By this we see that Robert was bom 1st May 1650. He was educated for holy orders 

at St. Andrews University, where he took the degree of M.A. on 23rd July 1672, and in 

1679 was presented to the parish of Killin, Perthshire. 

This is proved by an instrument of installation (now in the Edradynate charter-chest), 
dated Killin, 14th May 1679, signed by Donaldus Robertsone, notary public, and pro- 
ceeding on " A letter of CoUatione granted by William,' by y° mercie of God, Lord 
Bishop of Dunkeld, within whose diocese the said kirk lyes. In favoures of y" said Mr. 
Robert Stewart," and who therefrom continued minister of that parish till his death in 
1729. (See Appendix, p. 139.) 

Robert Stewart married, in 1683, Anna Campbell, daughter of Duncan Campbell of 
Edramuchy, a cadet of the Glcnorchy Campbells, and whose estate was in the neighbour- 

> From an interesting communication (for which we are indebted to the Reverend G. W. Sprott, the 
well-known church antiquary) we gather that thia Bishop of Dunkeld was William Lindsay, of the Dowhill 
family, formerly minister of Auchterdema, and then of Perth, In 1668. He was appointed Bishop of Dun- 
keld ou 7th May 1 677, retaining, however, his chaige at Perth for about eighteen months after his promotion, 
and dying in 1679. A notice of his Perth ministry may be found in Dr. Wilson's " Presbytery of Perth," which 
illustrates the survival of Presbytery under the Second Episcopacy. These bishops had a certain amount 
of jurisdiction from 1661 to 1688, particularly in ordinations and inductions. Be-ordination was not 
requirad, but all young men admitted to chaises during this period were episcopally ordained. Kirk-sessious 
and presbyteries were kept up, but were dependent on the bishop, who in his turn was dependent on the 
State. 



THE STEWARTS OF FORTHERGILL, PERTHSHIRE. 33 

hood of KilHn. This marriage is thus inserted in Robert's own handwriting in the family 
Bible : — ** Mr. Robert Stewart and Anna Campbell were married by Mr. Alex' Comrie,* at 
y* Chapyle of Ffinlairge, y® 23d of Januarii 1683." Then follows a list of their children. 

In 1686 Robert purchased the estate of Pitcastle from his cousin Gilbert Stewart, 
with consent of Gilbert's mother, Dorothea, relict of John Stewart, sixth Laird of Bon- 
skeid, and in 1706, from Steuart of Ballechin, the beautiful property of Killiechassie, both 
in Strathtay. 

In his will, dated 7th October 1727, made in favour of his wife, he thus refers to 
her : — " It is a duty incumbent on me to provide Agnes Campbell, my spouse, in such a 
share of my means and effects as will contribute to make her live comfortably after my 
death, she having been instrumental in making up the means and estate wherewith God 
has blessed us.'' He further directs her " to bestow the sum of 500 merks Scots money 
towards the building of the Chapell of Killiechassie, within the space of after 

my interment therin." In this *' Settlement " he names ** the Rev** James Stewart, 
minister of Moulin, and Cap* Alex' Stewart^ his brother-german," both of whom were his 
nephews, and entreats the latter especially ** to be kind to his widow, Ann Campbell, to 
advise her in all her concerns," styling him his intimate and trusted friend. 

He died about fifteen months after, on 2nd March 1729, and his body was gently 
borne, shoulder high, by his parishioners to Killiechassie, a distance of twenty-four miles, 
and interred in the chapel there, which has ever since continued to be the family burying- 
place of his descendants. 

He was a man of great prudence, force, and decision of character, commanding in 
consequence the greatest respect throughout the district, and being also of more than 
average height and strength, was in every way a most worthy representative of his race. 
Indeed, amongst many family traditions still handed down respecting him, it is said that 
in the more troublous periods of his ministry he frequently conducted service with his 
broadsword (still preserved at Edradynate) by his side, ready for any emergency. This 
precaution would seem to have been highly needful, for on one occasion, when proceeding 
to perform the service in Strathfillan, the western part of his parish, he was suddenly 
attacked by M'Gregor, a noted freebooter of that powerful clan. After a short but 
exceedingly fierce struggle, the worthy ecclesiastic as usual prevailed, and caused M'Gregor 
to " lick the dust," warning him in future to measure his man before he made his attack. 

In short, Robert Stewart, though his lot was cast in a stormy and difficult age, 
passed through life respected and honoured, and left a name which still lives in his 
district, while he at the same time bequeathed a good landed estate to each of his sons. 

* Comrie was deprived or deposed for his Jacobitism. Both he and Robert seem to have been amongst 
the episcopally disposed clergy who were allowed to retain their parishes under Presbyterianism, without taking 
part in the government of the Church, — a point on which the presbytery records would shed light. 

The differences in worship were trifling, and whole presbyteries who were episcopally inclined were 
indulged under the new system, provided they submitted to the change without active opposition. 



34 



HISTORIC MEMORIALS OF 



Amongst many quaint relics which belonged to him, Mr. Stewart-Robertson now 
possesses a crystal charm, oval in shape, and set in silver, a facsimile of which is appended. 

This charm was supposed to have remarkable properties. Water in which it 
had been dipped, if taken from a spot where the living and the dead had passed 
(viz., a bridge or ford), was considered an effectual cure for inflammatory diseases; 
and not more than forty years ago frequent were the applications for the use of this 
" charm : " these were always granted, the applicants coming long distances for the 
purpose. The crystal is said to have been originally found in the river Jordan ; the 
belief in its virtues has now died out. 

As before mentioned, Robert's sons had each a landed property left them. With 
respect to that of Killiechassie, he executed a deed of entail on 24th November 1727, 
recorded 10th November 1 784, bequeathing the estate to each of his four sons successively, 
and to their heirs-male. 

This, however, proved ineffectual against alienation by sale, as will be seen hereafter. 

The Rev. Robert Stewart left four sons : — 
(1.) James^ of Killiechassie. 
(2.) Duncan, of Blackhill. 
(3.) Aleocander, of Cloichfoldich. 
(4.) Robert y of Derculich. 

1. James, the eldest son, was born 29th November 1683, at Edramuckie, and 
married in 1 709 Vere Menzies, daughter of Captain James Menzies of Comrie, second 
son of Sir Alexander Menzies, first Baronet of Menzies. The marriage-contract, dated at 
Menzies Castle and Killin, 23rd and 24th days of November 1709, is now in Mr Stewart- 
Robertson's charter-chest at Edradynate. 

James, guided by the example of his wife's family, refrained from joining in 
the Rebellion of 1715 in favour of the Stuarts. There is now preserved in the 
charter-chest at Edradynate a document {see Appendix, p. 140) dated Weem, 24th 
August 1715, and written by Robertson of Struan ("The Poet," as he was called), 
whose clan always sided with the Stuarts, greatly to their own eventual loss. This 
document is interesting as showing the pressure exerted by the Earl of Mar's officers 
against the friends and retainers of the Menzies family. 

Another equally interesting paper in the same collection is a " Commission " or 
agreement with John, first Duke of Athole, regarding rights of personal service due 
to His Grace. {See Appendix, p. 140.) 

It is signed by James Stewart of Killiechassie (during his father's lifetime), by his 
cousin James Stewart of Wester Cluny, Menzies of Culdares, Stewart of Urrard, and 
many other owners of territory in Athole, of which His Grace was superior ; it shows 
that at that date (1717) those signing it were true to their chief, and had not at that 
time joined the Stuart cause, a feeling which, however, did not endure throughout the 
remaining romantic career of the Stuarts. 





CHARM STONE 



BRANi-n Or tht. f ■ ) i ■ . l i: ■ . i ■ i ; t ^l/; a -. " s i- ■ ■ ■■■ l .■-£ m L-o 

BY ,)AM["r. GTFWAi-i -ROl- LR rSON nr FDRAD^naie 



I /•'■ ■•/ :-V 




THE STEWARTS OF FORTHERGILL, PERTHSHIRE. 



35 



James Stewart died before his father Eobert, viz., on 3rd May 1718, as shown by his 
will proved by his widow (Vere Menzies), and now amongst the Edradynate deeds. 

Eobert was in no way neglectful of the interests of his son's widow, for we find that 
he entered into an agreement with her renouncing various rights in her favour. 

The deed (in possession of Mr. Stewart-Robertson of Edradynate) is dated " Menzies 
Castle, 6 Sep'' 1721," and is witnessed by the widow's father. Captain James Menzies of 
Comrie, Patrick Campbell of Monzie, and the Reverend James Stewart of Wester Clunie, 
minister of Moulin, and Robert's nephew. 
James Stewart left three children, viz. : — 
Robert (of whom presently). 
Susan. 

Christiariy who married Duncan Robertson of Auchleeks, of the Struan family, 
and whose heir, the present Edgar William Robertson of Auchleeks, has 
been legally declared nearest descendant and lawful heir of his grandaunt, 
the said Christian Stewart. 
This was done to enable him to make a title to the superiority of Moness held by the 
last possessor of Killiechassie, Robert Stewart-Fleming, named further on, and proves the 
failure of heirs-male to James after the death of his great-grandson, Robert Stewart- 
Fleming. 

Robert^ only son of James Stewart, by his wife Vere Menzies, joined the standard of 
Prince Charles in the '45 ; and after the sanguinary fight of Culloden, was in hiding for a 

DUNCAN MENZIES = JEAN LESLIE, daughter 



of Menzies, 1624. 



of James, Mastsb of 

ROTHESS. 



Sir Alexander Menzies, = Agnes, eldest daughter of Sir 



first Baronet, 1665. 



John Campbell, fourth 
Baronet of Glenorchy. 



Anna, daughter of Lord =|= Captain Jambs Menzies 



Niel Campbell. 



Emilia Menzies. = 



of Comrie. 



Thomas 
Flemiso. 



James Stewart of 
Killiechassie. 



= Vere Menzies. 



Emilia Menzies. = 



Christian = Duncan 

kobertron 
of Auchleeks. 



t, 



Robert Fleming 
of Moness. 



Robert Stewart of =^ Emilia Fleming. 
Killiechassie. 



James Stewart-Fleming of = Miss Duncan. 
Moness and Killiechassie. 



Robert Stewart-Fleming, 



James Stewart-Flimino, 



36 HISTORIC MEMORIALS OF 

long period, and had many an escape from the Duke of Cumberland's " bloodhounds ; " but 
his estate was not confiscated, owing, perhaps, to his relationship with the Menzies family. 

Rohert married Emilia, daughter and heiress of Robert Fleming of Moness, by his 
wife Emilia, younger daughter of Captain James Menzies of Comrie. 

This Robert Fleming was eldest son of Thomas Fleming of Moness, by his wife 
Emilia, youngest daughter of Sir Alexander Menzies, first Baronet of Menzies, so that 
Robert's wife was his first cousin by a double connection. 

The Flemings of Moness — a very ancient race — are now extinct 

Robert s wife, Emilia, succeeded to her paternal estate of Moness, which descended to 
their only son— 

James Stewart, who assumed his mother's surname of Fleming from inheriting his 
maternal estate of Moness. He married Miss Duncan of Tippermaloch, by 
whom he had two sons — 

(1.) Rohert Stewart-Fleming, his successor. 

(2.) James Stewart-Fleming, died before his brother, and left no 
male issue. 
Rohert Stewart-Fleming succeeded to his paternal estate of Killiechassie only, his 
father having sold Moness to the Earl of Breadalbane. 

He married Miss Herbert, and having no family, sold Killiechassie to Mr. H. Gordon, 
reserving the burying-ground to the heirs of his ancestor, the Reverend Robert Stewart. 

Thus the mxxle line of James, eldest son of the Reverend Robert Stewart, became 
extinct. 

2. We now return to the second son of the Reverend Robert Stewart, viz. — 
Duncan, who was born at Edramucky, 21st. March 1688. He married in 1726 
(marriage-contract dated 2nd December 1726, now amongst the Edradynate deeds) Mary 
Fergusson, daughter of the Reverend Adam Fergusson, minister of Logierait, and 
formerly minister of Crathie, and father of the celebrated Professor Adam Fergusson of 
Edinburgh, the historian of the Roman Republic, who again was father of Sir Adam 
Fergusson, the intimate friend of Sir Walter Scott. 
Duncan had three sons — 

(1.) Rohert, who died young. 
(2.) Adam, who succeeded his father. 

(3.) The Reverend James, Chaplain 42nd Royal Highlanders, and afterwards 

minister of the parish of Dull, Perthshire, who died 14th September 1768, 

unmarried. 

Adam Stewart was born at Blackhill, 29th February 1732 ; obtained a commission 

in the 42nd Royal Highlanders on 24th July 1758, and served with his regiment in 

America and the West Indies till 1 765, when he retired on the regiment returning home. 

He married 24th October 1766 (marriage-contract same date), Helen, only daughter 
of John Hepburn of Colquhalzie, Perthshire. 



THE STEWARTS OF FORTHERGILL, PERTHSHIRE. 37 

He had several sons, who all died young and unmarried, and four daughters, viz. : — 
(1.) Mary, who succeeded to his estates of BlackhiU and Cluny, bom 24th 

November 1770, and died 1825, unmarried. 
(2.) Helen, born 14th March 1779, married her cousin, John Hepburn of Col- 
quhalzie (only son of Thomas Hepburn of Colquhalzie), and succeeded her 
sister in 1825, and died without issue 21st April 1874. 
(3.) Ann, born 27th June 1781, and died unmarried September 1857. 
(4.) Dorothea, bom 11th November 1782 ; married 18th March 1817 her second 
cousin, James Stewart-Robertson of Edradynate, leaving issue (of whom 
presently), and died 29th August 1864. 
The male line of Duncan^ second son of the Reverend Robert Stewart, thus became 
extinct. 

3. Alexander of Cloichfoldich, third son of the Reverend Robert Stewart, was 
bom at Killin the 29th November 1G89. 

He. married Margaret Stewart, daughter of James Stewart of Urrard (marriage-con- 
tract dated 23rd July 1724), and had one son — 

Boberty who married Susan, younger daughter of Robert Fleming of Moness, and 
sister of Emilia Fleming, married to Robert Stewart of Killiechassie, and had (besides 
daughters) three sons : — 

(1.) Alexander of Cloichfoldich. 
(2.) RoheH. 

(3.) Captain James, R.N., who died unmarried 1806. 
(1.) Alexander Stewart, Colonel of the 42nd Royal Highlanders, commanded that 
regiment at the battle of Alexandria. He was a distinguished ofificer, and, as a mark 
of the respect and appreciation of his native district, was presented with a handsome 
broadsword (now in possession of his niece), having the following inscription engraved 
on the hilt : — 

" From 
The Athole Club to Lieut.-CoP Alex' Stewart of the 42'* or Royal Reg* of 
Highlanders, in testimony of their esteem for his gaUant conduct in Egypt 

on the 21 March 1801." 

He died unmarried, and was succeeded by his brother — 

(2.) Robert Stewart of Cloichfoldich, who married Williehamina Maxwell, daughter 

of James Goodlet Campbell of Auchlyne, by his wife, only daughter of Hugh Logan of 

LfOgan. James Goodlet Campbell is called as an heir-substitute to the Breadalbane 

estates, imder the deed of entail of John, third Earl of Breadalbane, dated 5th May 1755. 

Robert left an only child — 

Janet Williehamina Maxivdl Campbell, widow of William Bowie Campbell, 
Writer to the Signet, of the Campbells of Glenfalloch, and has no children. 
This lady has in her possession the Auchlyne Family Bible, with an inscrip- 



38 HISTORIC MEMORIALS OF . 

tion therein showing it to have been presented to Duncan Campbell, first of 
Auchlyne, by his mother, Isabel Mlntosh, wife of Sir Robert Campbell, 
third Baronet of Glenorchy, hereafter mentioned. 
Thus the male line of Alexander, third son of the Reverend Robert Stewart, is extinct, 
and we return to his fourth and youngest son. 

4. Robert Stewart of Derculich, born at Killin, 6th December 1704. He married 
(contract 24th April 1729), on 25th April 1729, Jean Campbell (bom 1705), youngest 
daughter of Robert Campbell of Auchlyne, Perthshire, cousin-german of John, first Earl 
of Breadalbane, their fathers, Sir John Campbell of Glenorchy, and Duncan Campbell of 
Auchlyne, being brothers, viz., eldest and youngest sons of Sir Robert Campbell, third 
Baronet of Glenorchy. 

Robert died on 22nd May 1767, and his wife, Jean, on 23rd February 1788. They 
had several sons, who all died young, and unmarried, except the eldest. 

James Stewart of Derculich, born there 30th October 1730. He married first 
(l2th December 1755) his cousin Agnes, second daughter of Duncan Campbell of 
Auchlyne, marriage-contract dated 6th December 1755. She died 19th February 1777, 
without leaving male issue. 

James married, secondly, 11 th December 1778 (contract 10th December), Margaret 
(bom 1759), only daughter of Duncan Robertson of Edradynate,^ descended from Alex- 
ander Robertson, fifth Laird of Struan. 

James sold Derculich in 1805, and died 2nd July 1806, his widow dying in March 1830. 
With other sons (who all died unmarried), he left — 

James Stewart-Robertson, the eldest survivor, bom at Derculich 14th March 
1783, who inherited the property of his maternal uncle, James Robertson of 

* Margaret's uncle, the Eeverend George Kobertson, M.A., of Aberdeen University (diploma 2nd March 
1700; from Greorge, Bishop of Aberdeen), was Episcopal clergyman in that district, and took an active 
part in the Stuart cause, and in favour of Episcopacy against Presbytery. He was warmly supported by 
William, Marquis of Tullibardine (who, it will be remembered, forfeited his birthright through his 
rebellious acts), by Viscount Stormont, Greorge, Bishop of Aberdeen, Alexander, Bishop of Edinburgh, 
Robertson of Struan ("The Poet " already referred to), and many others. (Appendix, pp. 139, 140.) 

He was therefore prohibited from conducting service in any building to more than six persons at a time. 
He, however, evaded this prohibition by having the six persons within doors, while the congregation was 
outside, he addressing them from the windows, — a large proportion of the Athole district then holding 
Episcopalian views. 

This family of Eobertson has a private burying-place in Logierait churchyard, in which an exceedingly 
interesting relic has recently been brought to light, and of which an account by that able antiquary, 
A. Anderson, Esq., M.D., C.B., F.S.A., of Pitlochry, was read at the meeting of the Society of Antiquaries of 
Scotland, 11th February 1878 {vide " Proceedings," vol. xii. p. 561). The relic is one of the very ancient 
sculptured stones, good examples of which may yet be seen at Dunfallandy and Struan in the same 
county. On the one side of this stone is a knight on horseback spearing a snake, across which is a sceptre, all 
in high relief. On the other is a large and remarkably fine cross, with the four bosses equally boldly 
delineated. The drawing appended, which is given by permission of the Society of Antiquaries, gives a very 
correct representation of this relic. 



( 





SCULPTURED STONE, LOCIKRAIT. 





Wrj.iij-wjJK-1 I 



scui.r I i.' i-. t I 



THE STEWARTS OF FORTHERGILL, PERTHSHIRE. 



39 



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THE STEWARTS OF FORTHERGILL, PERTHSHIRE. 41 

On this same estate of Edradjmate are the remains of an old " Fortalice/' still called 
Edradynate Castle, and the site, though of smaller extent, be^rs the same topographical 
characteristics as that of Garth Castle. There is a similar rocky ravine on the west, 
through which a large " bum " flows in a deeply cut channel, which renders access from 
that side impossible. On its other flanks it was protected by double ditches, still quite 
distinct, so that it was fully capable of resisting an attack from as numerous a party as 
was likely in that day to attempt its capture. The tradition in the district is that this 
castle also belonged to the " Wolf of Badenoch." 

The title obtained from the Earl of Athole by John Stewart of Forthergill in 1465 ^ 
(Appendix, p. 66), describes Edradynate as having previously been possessed by 
Silvester Rattrie, and we also find by the " moi^iis causa " deed executed by John in 
1472 (Appendix, p. 70), and by other deeds, that Silvester Rattrie was son of John's 
sister. Most 'probably this estate was given her on her marriage, and had been in 
possessicAi of the Stewarts at least from the days of Alexander, Lord Badenoch. 

* There must have been near relationship with the Earl of Athole, for both John and Silvester are 
spoken of by him as " dUecto consanguineo nostro." Probably "Marion," John Stewart's wife, was of the 
Athole family, tliough the deeds as yet discovered do not show her parentage. 




CHAPTEK VI. 

4MES, eldest son of Alexander Stewart, wlio was eldest son of James Stewart, 

was a clergyman and minister of Moulin, Perthshire, in which parish Wester 

Cluny is situated. We have already shown that his father granted him 

the Cluny estate on 21st July 1709, and the Camock property on 29th 

December 1712. These acts were confirmed by John, Duke of Athole, on 13th March 

1721. 

He married Elizabeth Campbell, daughter of Campbell of Monzie, whom we find 
named in a sasine of 17th June 1709 and 18th June 1713, and in sasine of 1st November 
1744, "reserving to Elizabeth Campbell, mother of the present James Stewart, and 

relict of the late James Stewart, her liferent "so that the Reverend James 

must have died before November 1744. {Vide Appendix, p. 137.) 

In a biographical sketch of Mr. Adam Fergusson, minister of Logierait in the early 
part of last century, who was schoolmaster at Moulin about 1693-95, occurs the following 
passage, for which extract I am indebted to the late lamented Dr. John Stuart of the 
Register House, Edinburgh. 

Speaking of his scholars at that time, he says — " Among these several did afterwards 
make a good appearance, particularly Mr. Wdliam Stewart, brother to BalaakeiUie ; Mr. 
Alexander Stewart, son to Mr. John Stewart, minister at Crandall ; and Mr James 
Stewart, son to Alexander Stewart of Clunie, who was ordained at Scone, and after 
transferred to Moulin ; " and by the " Fasti Eccles. Scoticanae " (p. 4), we find he studied 
at St Leonard's College, St. Andrews, took his M.A. degree 1703, was licensed by the 
Presbytery of Perth 14th November 1705, called on 25th June 1706, ordained 2nd 
January 1707, translated to Moulin 10th September 1707, died between 29th April 
and 3rd June 1735, aged about fifty-two years. 
Their children were — 

(1.) James — minister of Kilbrandon, Argyleshire. 
(2.) Patrick. 
(3.) John. 
(4.) Charles. 
(5.) Alexander. 
(1.) James, eldest son of the Reverend James Stewart, minister of Moulin, became 



THE STEWARTS OF FORTHERGILL, PERTHSHIRE. 



43 



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44 HISTORIC MEMORIALS OF 

minister of Kilbrandon, in Lorn. He married, first, Elizabeth Campbell of Ardchattan, 
without surviving male issue ; and secondly, Elizabeth, daughter of Maclauchlan of 
Fassifem. She was bom at Artarig Cowal, and was buried at Roseneath, 

He obtained sasine of the lands of Wester Cluny and Camock from his father, James, 
as his " eldest and lawful son," on 31st Match 1731, and confirmation was granted by 
the Duke of Athole on 16th December 1743 ; but on 13th March 1764, he conveyed to 
his next brother, Patrick Stewart, these same lands for £1320 : 2 : ly the sasine being 
dated 5th July 1764; and the Duke of Athole's confirmation given 12th October 1767. 
James had already, on 8th December 1 762, parted with his other estates of Drumchary 
and Cragandew to John Stewart of Stronchary, having, from his marrying and settling in 
Lorn, lost his interest in his Perthshire lands. 

By his second marriage he had no surviving son, and only one daughter — 

Elizabeth, bom 27th June 1760, at Ballichuain (Kilbrandon); married there, on 
7th August 1785, the Reverend John Macfarlane, minister at Kilbrandon, 
Lorn, who died 24th September 1806. His wife, Elizabeth, died 22nd April 
1834, and was buried at Kilbrandon, leaving, with other children — 

Mary Macfarlane, born 9th June 1 790, at Ballichuain. She married, on 
10th March 1814, the Reverend Archibald MacTavish, minister 
of Jura (Islay), who died in 1858.^ 

This venerable and handsome lady is still living near Aros, Mull, surrounded by a 
numerous family of children and grandchildren ; and it is from her these details of her 
immediate ancestry have been personally obtained, including those relating to her great- 
uncles Patrick, John, &c. &c. 

(2.) Patiick Stewart purchased the Cluny and Camock estates from his brother James 
on 13th March 1764, and this transfer was confirmed on 12th October 1767 by the Duke 
of Athole as superior. 

Amongst the title-deeds of Mr. Butter of Faskally is a memorandum, stating " that 
all the above sasines of the Wester Cluny estates were in the repositories of Patrick 
Stewart of Cluny, which were opened by Edmund Fergusson, factor, on 9th January 
1786, through a warrant of the Court of Session, at the instance of the Reverend James 
Stewart of Kilbrandon, Argyleshire (brother and apparent heir of the said Patrick 
Stewart of Cluny), and Mrs. Katherine Drummond, relict of the said Patrick." 

A decreet of sale was therefore granted them on 25th July 1786, and the lands, which 
had for generations been in the hands of the Stewarts of Forthergill, passed into the 
possession of Henry Butter of Pitlochry, ancestor of their present owner. 

1 In the " Separate Register of Presbytery of Lorn, in reference to the Ministers of Kilbrandon and 
Kilchattan," it is stated — "Mr. James Stewart had a daughter, Elizabeth^ bom 27th June 1760." 

Also that " Mr. John Macfarlane^ formerly ordained minister in the united parishes of Kilbrandon and 
Kilchattan, was admitted to be minister of the said parishes 15th January 1788, and was married to 
Elizabeth Stewart 7th August 1785." 



THE STEWARTS OF FORTHERGILL, PERTHSHIRE, ^5 

This sale was confirmed by the Duke of A thole as superior on 4th December 1801. 
Patrick left no family. The property of Cluny alone, independent of the other lands, was 
over 640 acres, and included fine tracts of arable and pasture lands, besides forest and hill. 
(3.) John was third son of James and Elizabeth Stewart. He married Miss Campbell 
of Kilmore, and died shortly after the birth of his only child, James. His widow subse- 
quently married General M*Arthur, and died in America,' whither she had accompanied 
him. James, son of John Stewart, was born at Lorn in 1 765, and became an oflBcer in the 
Navy. In 1789 he married Beatrice, daughter of William Austin of Perth, Esq., and had — 
(a.) James Stewart, born in London 1 790 • buried at Eio, in Brazil, September 1811. 
(6.) Alexander Campbell Stewart, a Midshipman H.E. I. C.S., bom in London 1792 ; 
lost in the wreck of the Lady Burgess on her voyage to India, May 1807-8. 
(c.) Charles Stewart, born in London 1 794, died on a voyage for the recovery of his 
health, aged twenty- three, and was buried at St Thomas, West Indies, 1818. 
{d.) Robert Campbell Stewart, bom 1 799 in London; married 1834, at St. George's, 
Stonehouse, Devon, Lydia, daughter of Captain Gawler of Bridgeland, 
County Devon, who died 24th November 1873 at Ramsgate. Her husband, 
who never joined any career or profession, died also at Ramsgate in 1865. 
Their children were — 

(1.) Beatmce, bom May 1836 in London; married 26th September 1877 
the Reverend George Jones, of Emmanuel Church, Tunbridge Wells. 
(2.) Elizabethy bom September 12, 1839, at Lewisham Hill; married, 
10th January 1871, F. J. Orwin, of Hurst Lodge, Horsham, Esquire. 
(3.) Anne, born 1842 at Blackheath ; died at Ramsgate 1859. 
(6.) Beatrice Stewart, born 1795 in London; died at Blackheath 1855. 
(/) Anne Stewart, bom 1797, living now at Blackheath, and to whom I am 
indebted for the details relating to her immediate ancestry, and those of her 
great-uncles Patrick, Alexander, &c. &c. {See Pedigree next page.) 
James Stewart died in London 4th October 1805, and his wife, Beatrice (who was 
bom at Perth in 1763), on 3rd October 1832. Both were buried in Bunhill Fields burial- 
ground, London. 

(4.) Charles; and 

(5.) Alexander, the youngest sons of Charles and Elizabeth Stewart, both settled at 
Bath, North Carolina ; but though every effort has been made to trace their descendants, 
none have been found except in the female line. Deeply interesting letters from him 
will be found in the Appendix, and, for their sweet simplicity and deep religious fervour, 
can hardly be surpassed. ( Vide p. 142.) 

(6.) Anne Stewart, married ; . . Robertson of Balnacraig. 

(7.) Jean Stewart, married William Campbell, minister of Kilchrennan. She died at 
the advanced age of ninety-seven, at Roseneath, and is the sister so touchingly alluded^ 
to in her brother's letters from Carolina above mentioned. 



CHAPTER VII. 



1 now see that all the male deacendants of John Stewart of Forthergill are 
extinct, except those sprung from Charles, second son of Alexander and Isa- 
bella Stewart, and from Alexander's brother, the Rev. Robert Stewart of 
Killiechassie, minister of Killin ; of the latter we have treated in Chapter V. 
The War Office records {iHf) show that Charles Stewart entered the 5th (Lord 
Moleaworth's) Dragoons, aa Cornet, on 13th February 1728-9, and became Lieutenant in 
the same corps 27th August 1737. He served till 4th January 1749-50, when he retired 
from this regiment, but not from the service, as his name appears in the Army Lists as 
Captain of an independent company iu Ireland up till 1774. During the latter period 
he seems to have been chiefly in command at Duncanuon Fort and Carrickfergus, at 
which latter place he died, and was buried in the churchyard of St. Nicholas in June 
1774, and his will proved at Belfast on 9th September following. 

He married Rose, daughter of Roger Hall, Esq. of Narrow-water Castle, County 
Down, by his wife. Christian Poyntz, daughter and co-heiress of Sir Toby Poyntz of 
Acton and Brenock, County Armagli.' 

Mrs. Rose Stewart died February 1779, aged ninety-two, and was buried at Lisbum 
(Cathedral Church). 

The following is tlie inscription from the tablets at Carrickfergus : — 

* " Near this place lies ixterbed 

the bout of 

CAPTAIN CHARLES STEWART, 

5th (Ix)RI) Moles worth's) Dragooxs, 

Son of Alex* Stewart of Wester Cluxy, Perthshire, 

asd Isabella Stewart of Balsakillie, his Wife. 

He died 4tu June 1774. 

Distinguished alike in his military akd private carreb, 

by his fideuty to the path of duty, and by the display 

of every amiable and christian virtue. 

1 Rose HftH had previously tDarried the Reverend Richard Close, of Count; Uonaghan, who died at bis 
•eat of MuUanB, near Warrington, 10th April 1716. His family is now represented by Colonel Maxwell 
Close of Drumbonagher Castle, Armagh. 

* This Tablet is surmounted by the Stewart arms and creaL 



48 



HISTORIC MEMORIALS OF 



ALSO TO THE MEMORY OF 

EOSE, HIS Wife, 

WHO died 11th Feb^ 1779, aged 92 years. 

She was Daughter of Eoger Hall, Esq**, 

OF Narrow-water, Co. Down, 

AND Grand-Daughter of Sir Toby Poyntz, Kn^, 

OF Acton and Brenock, Co. Armagh." 

This is in the church of St. Nicholas, while on the family vault in the churchyard 

is the following : — 

*' Heke lie the remains of 

Capt. CHAs STEWAET of Clunie, in Perthshire, 

Governor of Duncannon Fort, 

WHO died about 1774. 



His Wife, Daughter of Mr. Hall of Narrow- water, and Eelict of Mr. Close, was 

interred at lisburne. 



also those of 
His Step-Daughter, Christian Close, 
Likewise those of his Daughter Eose 
(married first to John Eowan of Mullans, Esq»% 
and Eelict of Captain Phillips). • She died 1817. 
And those of his Grand-Daughters — 
Margaret Eowan, who died in 1788. 
Letitia Eowan, who died in 1832. 
Eose Eowan, who died in 1834 
Charlotte Eowan, who died in 1842. 
Anne, who died in 1853. 

These excellent women, 
distinguished by simplicity of heart 

AND the milk of HUMAN KINDNESS, 

thoughtless about self, devoted to their own family, 
and to the care of its youthful members, 

benevolent to all, 
were universally beloved and lamented. 



Erected by grateful relatives." 

Captain Charles Stewart left by his wife Eose — 

(1.) Anne^ bom 1 726, died unmarried at Lisbum, 26th July 1 804, aged seventy-eight. 
(2.) Charlotte^ baptized at Lisbum, January 23rd, 1728. She married Comet 
William Smythe, of His Majesty's Dragoons, son of the Venerable James 
Smythe, Archdeacon of Meath, by his ^vife, Catherine Vesey, daughter of 
the Archbishop of Tuam. They had, with several other children, one 
daughter — 
Anne Smythe, who (as we shall see presently) married her first cousin, Major 



THE STEWARTS OF FORTHERGILL, PERTHSHIRE. 



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JO HISTORIC MEMORIALS OF 

P. Stewart. Charlotte died at Lisbum 24th July 1822, and her husband 
died 1777, aged fifty-six, and was buried in Ballintoy churchyard, Ireland, 
where the following inscription may still be seen : — 

" To THE MEMORY OF 

WILLIAM SMYTHE, EsQ««, 

OF Artimacormick House, 

who died 1777, aged 56. 

also of his daughter, 

Mrs. CATHEEINE STEWAET, 

who died 1809, aged 48. 

also of his grand-daughter, 

EOSE STEWAET, 

WHO DIED 1799, AGED 17." 

(3.) Captain Charles Ross Stewart, bom 1 730 (for whom see next page). 

(4.) Rose, born 1733 ; married, first, John Rowan of Mullans and Garry, County 

Monaghan, and High Sherifi*, who died at Warrington 10th April 1716. 

She afterwards married Captain Phillips, whom she survived, and died in 

1817 at Carrickfergus, where she was buried. 
(5.) Captain Poy7itz Stewart, baptized 21st June 1736 at Lisbum (for whom 

see page 53). 
(6.) Captain James Stewart, who served in the 1st (Royal Scots) Elegiment from 

1757 to 1777, and died without issue. 

The following copy of the inscription on the family vault of the Stewarts, Christ- 
Church Cathedral, Lisbum, gives dates of many members of it already named, or who 
will be spoken of later : — 

"Within the railings aflSxed to this Monument are deposited the remains of — 
Mrs. Rose Stewart (rehct of the late Captain Charles Stewart), who died in the month of 

February 1779, aged 92 years. 
Of PoYNTZ Stewart, 3rd son of Poyntz Stewart, Esq', of Lisbum, who died on the 5 day of 

Nov*" 1773, aged 9 years. 
Of Hannah Smythe, 4th dau*" of Mrs. Charlotte Smythe, of lisbum, who died on the 3d day of 

August 1792, aged 24 years. 
Of Mrs. Ann Stewart, second wife of Poyntz Stewart, Esq^ of Lisbum, who died on 21st day 

of July 1793, aged 57 years. 
Of Ann Stewart, dau*" of the above-mentioned Cha* and Eose Stewart, who died on the 26th 

day of July 1804, aged 78 years. 

Here also are interred the bodies of — 

Margaret Stewart, the 6th daughter of Dr. William Stewart, of Lisbum, who died on the 13th 

day of May 1816, set. 3 months. 
And of Margaret Stewart, his wife, who departed this life on the 15th day of May 1816, set. 39. 
Also the body of Charlotte, relict of the late Wm. Smythe, Esq', of Ballyintoy, who died July 

26th, 1822, aged 94 years. 



THE STEWARTS OF FORTHERGILL, PERTHSHIRE, 51 

Also the body of Poyntz Stewart, Esq', of Lisburn, who died April 9th, 1823, aged 87 years. 
Also the body of Rev^ James Smyth e, Vicar of Dysert, in Diocese of Lismore, who died Nov' 

29, 1823, aged 61 years. 
Also of Mary Ann, 4th dau' of Dr. Wm. Stewart, of Lisburn, and of the above named Margaret, 

who died 24th Aug* 1833, aged 23 years. 
Also of Dr. Wm. Stewart, who died on the 22d of Oct' 1844, in tlie 76th year of his age." 

1 . Charles Ross was the eldest son of Charles Stewart by his wife Rose. 
He entered the 14th Regiment as Ensign 29th April 1752, became Lieutenant 18th 
May 1756, and subsequently exchanged into the 84th Regiment, from which he retired 
in 1766. 

On 28th August 1770 he married, at St. James's Church, St. Helena, Elizabeth Twaits, 
daughter of a wealthy planter * in that island, by whom he had the following children : — 
(1.) Captain Charles. 
(2.) Colonel Matthew. 

(3.) Elizabeth. — Baptized at St. Helena 5th April 1778 ; married, 30th May 1796, 
her first cousin. Captain Daniel Bartholomew Comeille, of that ancient 
French family, and died, 24th March 1876, at Wood Park, Dublin, aged 96. 
Captain Corneille (chairman of the Board of Inland Navigation, Ireland), of 
Wood Park, Dublin, baptized at St. Helena 20th April 1773, died 12th 
August 1825. His father, Daniel, Governor of St. Helena, there married 
(20th September 1770) Mary, daughter of Mr. Twaits, and sister of Mrs. 
Charles Ross Stewart. 
Mrs. Charles Ross Stewart died at St. Helena, and was there buried 3rd September 
1 780. Her husband, surviving her, died in 1 802, and was buried in St. John's Churchyard, 
Hackney, near London, on 25th January 1802, where his U)mh may now be seen. It 
l^ears the following inscription : — 

"In memory of CHARLES ROSS STEWART, 
Captain in the Honorable East Indu Company's Service, 

WHO DIED THE 18tH JaN' 1802, AGED 72 YE.VRS." 

(1.) Their eldest son, Charles ^ was bom at St. Helena, and there baptized 4th 
October 1771. 

He served in the 28th Regiment through the campaigns of 1793-4-5, and tiU the 
recall of our army in 1795, under the Earl of Moira, H.R.H. the Duke of York, and 

^ In the " Record of Wills " in the Island of St. Helena are the wills of Mr. John Twaits (page 40) of 
19th April 1755, and of Mary Twaits (n^ Greentree) of 13th August 1757, and proved 24th April 1768 
(page 62). 

By other records in the island we find that Govemor Comeille arrived there 2l8t March 1766, vice 
Governor Scotlowe, who married Margaret Greentree, sister of James Greentree, and niece of the above-named 
Mary Twaits. 



52 



HISTORIC MEMORIALS OF 



Count Walmoden ; became Captain on 18th January 1799, and retired on 27th 
January 1803. 

On 19th March of that year he married at Gloucester Elizabeth Ann, daughter of J. 
Hancock, Esq., of Daglonworth Park, Cirencegter, who was bom at Gloucester, 19th 
March 1777, and died 24th, and was buried 30th October 1839, aged sixty-two. 

Captain Charles Stewart died at Beverley on 3rd, and was there buried on 8 th April 
1831, at St. Maty's Church. 
Their children were — 

(1.) Charles Poyntz Percy y of the Ceylon Civil Service; born at Beverley 14th 

November 1804, died on 14th November 1828 (his birthday) at Beverley, 

and was buried at St. Mary's Church, 19 th November, at the age of twenty-four. 

(2.) Reverend Frederick; born at Beverley 30th August 1817; married at Ospringe, 

Kent, 10th February 1848, Mary, daughter of Reverend W. Jones, vicar of 

that place. He died, 20th August 1858, at Beverley, aged forty-one, and was 

buried there 24th of that month, leaving no surviving son, but two daughtei-s — 

(a.) Mary Arabella^ born at Stillington Vicarage, May 26, 1849 ; 

married at Dover, August 1870, Captain Arthur Roberts, of the 

44th Regiment, and has several children. 

(6.) Emma, born 27th July 1852. 

His son, Walter Frederick, died before him, at the age of five years, and 
was buried at Beverley 9th May 1856. 
(3.) Anne Stewart. Still living at Beverley. 
(4.) Charlotte Stewart, who died at the age of nineteen at Bridlington, on 31st 

August 1831, and was buried at Beverley on 4th September following. 
(5.) Mary Stewart, born at Newcastle-on-Tyne 29th July 1810; married, 2nd June 
1830, J. Frith Soame, of Little Thurlow Park, Suffolk, Esq., and died at 
Brighton 17th October 1832. 

Mr. Frith Soame died five months after their marriage (11th November 

1830), and was buried in Beverley Minster. 

(2.) Lieutenant-Colonel Matthew Stewart, 13th Madras N.L, born at St. Helena 

1774, distinguished himself in the Indian campaigns; was present at the taking of 

Pondicherry in 1789, when only sixteen years of age, and served through the Mahratta, 

Deccan, and other wars. 

He married at Lisbum, on 13th October 1813, Agnes, daughter of Robert Duncan, 
Esq. (by Agnes, daughter of T. Spottiswoode, of Dunipace, County Stirling, Esq.), of 
Lisbum and Derriaghy : she was bom at Demaghy 9th February 1786, and died at 
Dublin 5th January 1844. 

Colonel Stewart served firom 1789 in each campaign up to that in the Deccan, and 
died in camp (Cassarbury Ghaut), after the capture of Nagpore, 1st October 1818, as 
shown by India Office Records. 



THE STEWARTS OF FOR THE R GILL, PERTHSHIRE, 



53 



He left an only child — 
Charles Arthur Wellesley Stewart^ born 18th January 1815, a barrister-at-law, 
Dublin. Living unmarried 1879. 

We now return to the second son of Captain Charles Stewart by his wife Rose, 
daughter of Roger Hall, Esq., and granddaughter of Sir Toby Poyutz, viz. : — 

2. Captain Poyntz Stewart, who was born in 1736 at Lisburn, Ireland, and 
baptized there on 21st June of that year ; the entry in the parish records noting him as 
" son of Cornet Cha' Stewart." 

On 16th February 1756 he entered the 1st (Royal Scots) Regiment; became Senior 
lieutenant in 1763 ; Captain-Lieutenant 14th August 1765 ; Junior Captain 1st October 
1766 ; Senior Captain in 1772 ; and retired on 23rd June of the following year, after 
long and distinguished service under Colonels the Honourable James St. Clair (appointed 
1737), Sir H. Erskine (appointed 1762), and John, Duke of Argyle. On leaving the 
Army he, through family friendship with Lord Hertford, received an excellent appoint- 
ment as Committee-Clerk in the House of Lords. On 8th September 1763 he had 
married Magdalene, daughter of the Reverend Philip Gayer of Derriaghy, by his wife 
Agnes, dauorhter of Reverend H. Echlin.* 

Captain Poyntz Stewart died on 9th April 1823 at Lisburn, aged eighty-seven, and 
was there buried on the 11th of that month. His will, dated 20th May 1809, was 
proved on 26th November 1823 in Dublin. He left by Magdalene Gayer, his first wife, 
(having mjirried again without issue) — Charles, Philip, and William. 

(1.) Charles, a Major in the East India Civil Service, and afterwards Professor of 
Eastern Languages at Haileybury College. He was the translator of several valuable 
Eastern works, for which he received the Gold Medal of the Asiatic Society, value £50, 
now in possession of the writer of these pages. 

He married Amelia, daughter of Sir W. Gordon of Embow, Bart, who died in 1827 
without family. 

Major Stewart, who was born in 1764, died at 25 Royal Crescent, Bath, April 1837. 
An inscription may be seen to his memory in Walcot church. His will was proved 1837. 

(2.) Philip, born at Kinsale 1765; entered the 10th Regiment as Ensign 24th 
October 1782 ; became Lieutenant on 5th March 1788 ; joined the 3rd Regiment (Buffs) 
14th April 1804; obtained his majority 1st January 1805 ; and, retiring on full pay 
18th August 1820, resided at Hartk*y Court, County Berks. On 8th January 1796 he 

* The Reverend H. Echlin was son of Sir Henry Echlin, Baron of the Exchequer, and married — Xttt, Lady 
Jane Moore, sister of the Earl of Drogheda ; and 2//t/, Mary, daughter of Brabazon Moore, son of Kandal 
Moore, of Ardei*, ])y I^dy Jane, daughter of the Earl of Meath, and granddaughter of Charles, second Viscount 
Drogheda, by Alice, daughter of Viscount Ely. 

The Reverend Philip Gayer was descended lineally from John Oayer, of Liskeard, ComwaU, M.P. from 
1553 to 1571. 

For full details of the Family, see " Memoirs of the Family of Gayer," by my late esteemed kinsman 
A. K Gayer, Esq., Q.C., LKD., one of the Ecclesiastical Commissioners for Ireland. 



54 HISTORIC MEMORIALS OF 

married at Lisburn his first cousin, Anne, daughter of Captain William Smythe, son 
of the Venerable James Smythe, Archdeacon of Meath, by bis wife, Catherine Vesey, 
daughter of the Archbishop of Tuam (see p. 48). 

Major Stewart died at Brighton 7th May 1837, aged seventy-two. 
His wife died there also 2nd July 1828, aged fifty-two years, and a memorial tablet 
to their memory is in St. Mary's Church, Brighton. 
Their children were — 

(a.) Poy7itz,in holy orders, bom 15th April 1 797 at Tromeny House,* near Lisburn, 
died at Arcot, East Indies, 15th May 1834 (shown by India Office Records, 
Madras, vol. xv., p. 641), without issue. 
(&.) PTiY/iam, Captain R.H.A., born 8th December 1798; died at Paris 19th 
February 1857, having married, 1821, Mary, daughter of T. Bendyshe, Esq., 
of Barrington Hall, Cambridgeshire, who died at Pau 1863, without any 

familv. 
(c.) Charles, some time M.P. for Penrhyn, barrister-at-law, bom 30th September 

1801 ; married at Paris, 21st July 1861, Emily Constantia, daughter of J. 

Parland, Esq., and god-daughter of the Emperor of Russia, and has an only 

child— 

Charles Edward, born 5th June 1862 at Paris, and now of Eton College. 
{d.) Philip, bom 1st June 1803, was educated at Haileybury College, where he 

took the Gold Medal for Arabic, Persian, and Hindostanee, and high 

honours in other branches. He became a magistrate, judge, &c. in the East 

India (>ivil Service, and after a long and distinguished service of over 

twenty years, retired in the year 1849. 

After his return to Europe, he received an address from the Native 

inhabitants of Surat, in which province he had long administered justice, 

of which the following is an extract : — 

" We beg leave most respectfully to inform you that the undersigned and others, citizens of 
this city, being prompted by a feeling of gratitude and respect, have come to a resolution to 
subscribe money to have your portrait taken. Accordingly a sufficient sum has been raised, and 
we now most respectfully beg that you will confer one favour, in addition to the many favours you 
have already bestowed on the inhabitants of Surat, i.e., to allow a good artist to take your portrait. 

We have already obtained the sanction of Government to allow your portrait to be 

suspended in some conspicuous part of the collector's office, as a memorial of your kind-heartedness 
and benevolence, as well as of your wise administration while in office here, the effects of which are 
evident to every stranger, while they are deeply engraven in the hearts of a grateful people." 

This is signed by twenty-two of the chief Natives as representatives of the district. 

^ This property is in Magheramisk parish, now amalgamated with Aghalee Eectory (Luigan) ; but the 
registers for this period contain very few entries. In 1790 there are only two ; after this there are none till 
1804 ; and in 1805 only thirteen ! All the dates here given are certified to either by the persons themselves, 
or their brothers and sisters. 



THE STEWARTS OF FORTHERGILL, PERTHSHIRE. 55 

Mr Stewart's portrait was accordingly taken at Florence, where he was then staying 
for the winter of 1849, by the well-known Count Boratinsky, and this beautiful life-size 
and full-length picture now hangs up in one of the chief rooms of Surat Castle. Mr 
Stewart married Matilda Frances, daughter of the late William Dawson, of St. Leonard's 
Hill, County Berks, Settle, County York, and Manchester Square, London. 

He died at Brighton 22nd April 1868, and his wife, who never recovered her loss, on 
20th October 1877. Both are buried in Hove churchyard, near Brighton. 

They had an only child — 

Chxirles Poyntz Stewart^ educated at Paris and Trinity College, Cambridge. 

And here, before proceeding further, a few words as to the characters of those fond 
parents, whose loss will never be compensated for to those whose privilege it was to 
know them intimately. In Philip -Stewart there was united the wisdom of the man 
with the simplicit)'- of the child. Unselfish in a wonderful and rare degree, sincere 
and unswerving, warm-he.arted and generous to a fault, his disposition was a most 
angelic one. 

Notwithstanding his many years of rule over others, he was strikingly unassimiing 
and modest, and in every relation of life his enlightened and gifted mind, free from all 
prejudices and narrow views, rendered his society delightful ; and though of a naturally 
warm and sensitive temper, never did he utter or entertain a hard word or sentiment, 
even under grievous injury ; this gentle influence diffused a peace and calm around his 
domestic life, which made it a home indeed, and a blessed privilege to be with him. 

In illness his habitual piety was apparent in his patient, uncomplaining spirit, and in 
the severest attacks of long-continued and acute pain not a murmur escaped him, his only 
fear being that he should cause anxiety to those who loved him. Truly indeed has it been 
said of him that he was the Christian gentleman, he is the *' just man made perfect." 

For thirty-four years of the most perfect domestic happiness did this noble character 
share his varied experiences of a useful life with one who was in many respects as fine 
and rare a type. Fragile and delicate from her girlhood, she was endued with a strength 
of mind, firmness, and decision which were remarkable ; uniting, however, with these, 
gentleness of manner, extreme and almost painful sensitiveness of feeling and tenderness 
of heart, balanced by a keen sense of justice, and rapid, unerring appreciation of character. 
A highly accomplished linguist and musician, an earnest reader and thinker, her journals 
and manuscript books of extracts show the thoughtful and gifted mind, the steadfast 
piety, the discerning spirit and total freedom from illiberality which pervaded her 
whole life. 

To those who knew them well, these few observations will not appear overdrawn ; 
they are but a very feeble tribute to lives that were a blessing to all around them, and 
to a peaceful home, where even a difference of thought was unknown. 

(e.) James^ an oflBcer in the Nizam's service, bom 4th January 1805 at Lisburn, 
died at Bombay 26th February 1849, without issue. 



56 HISTORIC MEMORIALS, ETC, 

Major Stewart 8 daughters were — 

(/.) Charlotte, bom 28th January 1800; married William Patten, of Merrion 
Square, Dublin, and Westport, County Mayo, Esq., and has a family. 

(gr.) Magdalene, born 17th December 1806 in Guernsey; married, 31st August 

1831, the Reverend T. A. Holland, M.A., Rector of Poynings, Sussex, son of 

Reverend Dr. HoUapd, Precentor and Prebendary of Chichester Cathedral, 

^ and Rector of Poynings, by his wife, Frances, daughter of Lord Chancellor 

Erskine. They have a numerous family. 

(A.) Amelia^hom 18th January 1808; died at Brighton 22nd June 1875, un- 
married. 

{ij Anney born 4th March 1811 ; died 21st October 1826 in London, unmarried. 

(y.) Rosina, living 1879. 

{k.) Mary, born at Hartley Court, Berks, 22nd November 1817; married in 1845 
Major Richard Woodward of Bannerdown House, Batheaston, Somerset, and 
died 17th June 1854, leaving a family. 

(3.) William^ born 26th June 1769; resided at Lisburn ; married, 30th November 
1798, Margaret, daughter of Nicholas Piers, Esq. She died at Lisburn 15th May 1816, 
aged thirty-nine years. Her husband died 22nd October 1844, also at Lisburn. 

There children were — 

(1.) Foyntz Steivart, born 1799 ; served in the Honourable East India Company's 
Service, and died 16th July 1827, in Calcutta, having married Margaret, 
daughter of Captain J. Stathem, of St. Helena, who died at Richmond, 1850, 
leaving two sons — 

(a.) WiUiam Hampton Christian, born 1824; died 1827, at Calcutta, 
aged three years (as shown by India Office Records, Bengal, vol. xix., 
p. 127). 

(6.) Poyntz, born 1826 ; died without issue, in 1851, at Blackheath. 

(2.) Edward Piers, Captain Honourable East India Company's Service, bom 1802; 
died in Bombay Presidency, September 1828 (as shown by India Office Re- 
cords, Bombay, vol. viii., p. 620). 



(3. 

(4. 
(5. 

(6. 
(7. 



Jane, married Major Crossley. 

Margaret, married Reverend E. Smith of Glenavy. 

Magdalen, died, unmarried, 5th December 1871 ; buried at Lisburn. 

Emily. 

Charlotte, married Thomas Caldbeck, of Edenbray, County Wicklow, Esq. 




CHAPTER VIII. 

other families of the surname of Stewart in Perthshire, noticed in Duncan 
Stewart's History of 1739, as claiming descent from Lord Badenoch. 

1. Duntanlich. — This family is said by Duncan Stewart in his " History of the 

Stewarts " to be descended from a brother or uncle of Alexander Stewart, 
first Laird of Bonskeid. The family is now extinct. 

2. Drumcharri/. — The same authority states this line to be descended from a 

younger son of Duntanlich. The family is extinct in the male line through 
the death of Major-General David Stewart, author of the able and well- 
known work on " Highland Regiments and Highlanders," published in 1821. 
It is, however, represented in the female line by the sons of the late 
General's sister, Mrs. Irvine, and their descendants, viz. : — 

The late Reverend Alexander Robertson Irvine, Minister of Blair- Athole, 

and 
Dr. William Irvine of Pitlochry. 
•i. Fincastle — who derive (according to Duncan Stewart) from a son of John 
Stewart of Forthergill, called David ; but we have come upon no legal or 
documentary evidence to establish this ; and in fact it may very fairly be 
suggested that the ancestor of this and the other branches here enumerated, 
as claiming descent fi^m Lord Badenoch, may have been Niel, the brother of 
John of Forthergill, named in the mortis causa deed of 1472, and not John 
himself; and some corroboration for this suggestion is to be found in the fact 
that none of the landed properties named in this Chapter were ever possessed 
by John, or his son, or grandson ; the inference being that these properties 
must have passed into the possession of the several families of Stewart from 
another source. 

The estate of Fincastle is now sold, and it is believed that the only male 
representative now living is — 

James Stewart, Civil Eiigineer, Edinburgh, whose grandfather was Cap- 
tain Stewart of Fincastle. 
4. Foss. — The same author states this branch to come from a younger son of Fin- 
castle. The property is sold, and its male representative \& — 



J 8 HISTORIC MEMORIALS, ETC. 

William Stewart -Menzies of Chesthill, grandson of Joseph Stewart (last 
Laird of Foss), who still holds other property in the digtrict, acquired 
through his grandmother, Miss Menzies of Chesthill, wife of the 
before-mentioned Joseph Stewart of Foss. 

5. Balnakillie. — Also descended from Fincastle. The male line is extinct, but 

the property is possessed by Henry Black-Stewart, son of Henry Black, by 
his wife, who was sister of Alexander Stewart, last male of Balnakillie. 

6. LadywelL — This family is also extinct, and is said to have come from Fincastle. 

7. Kinachan. — Likewise descended from Fincastle, is extinct. 

8. Urrard. — This line also comes from Fincastle, and the male line is now 

extinct ; but the property (on which the battle of Killiecrankie was fought) 
still belongs to the descendants in the female line, who derive from Robert 
Stewarty who married Christian, daughter and heiress of Leslie of Kinroy 
(now called Urrard), and died 1641. From him the property passed down to 
his lineal descendant, James Mackenzie Stewart; oi Urrard, who, dying on 
1st March 1803, at Gloucester, without any surviving issue, the estate came 
into the possession of his sister Charlotte, who married, 11th November 1803, 
Major James Alston, of H.M. 63rd Regiment, by whom she had — 

(1.) William Alston-Stewart yhovn 8th October 1804; married Miss Bishop, 
and left an only child, Frances Louisa Alston-Stewart , now of Urrard 
and widow of Captain Boxer, R.N., and has anumerous family. 

(2.) Elizabeth, married Colonel Bouverie, of Delaprd Abbey. 

(3.) Janet, married Admiral Clark. 

(4.) SiLsan, married Sir W. Dick-Cunnynghame, Bart. 

(ai nh ' f' ' \ of Killiecrankie Cottage, Perthshire. 

(7.) Anne-Balcarres, married Sir Robert Menzies, Bart., and died 1877, 
leaving a family. 

Our task is now accomplished ; we have traced this branch of the ancient race of the 
Lords High Steward from the middle of the twelfth century down to the present time, 
though without dwelling at length on the earliest portion of their annals, which belong 
more to the sphere of general history (proved as they are by many printed works acces- 
sible to all) rather than to that of a family memorial. 

It is almost with feelings of regret we terminate an investigation begun with but a 
faint hope of being able to obtain legal proofs back to such an early period, carried on 
with many diflSculties — and what seemed likely to prove almost insurmountable obstacles — 
to the completion of every link in the chain ; yet a pursuit full of interest, and which has 
afforded change and relaxation during many an hour of sorrow and depression. 




ADDENDA. 



IE completion of our " Memorials " haa been purposely postponed for a twelvemonth 

while awaiting the result of a search made in the Exchequer Rolls now being prepared 

for publication by George Burnet, Esq , Lyon King-of-Arms, and at his request prior 

to the formal entry of the pedigree at page iii of this work in the Records of the Court 

of the Lord Lyon. 

These documents, however, throw little further light on our subject except that (1) Alexander 
Stewart, Earl of Buchan, the " Wolf of Badenoch," or, as he was generally designated in his district, 
" Alasdair Mor Mac an Righ " (Anglic^, Big Alexander, son of the King), left, with the four sons we 
have enumerated at page 9, a daughter, Margaret Stewart, who is styled in the above-named Bolls, 
A.D. 1438, " Margarete, sororis quondam Comitis de Marr;" {2) that John Stewart of Forthergill 
waa in possession of those lands in 1450, prior to the Royal Charter thereof to him by King James 
XL on 30th October 1455, and given in facsimile at page 14 ("Chamberlain's Accounts for the 
District of the Abthania of Dull, Martinmas 1450 and Whitsunday 1451 "). The following entry 
occurs in the Acts of Parliament, under Robert IIL (vol. i. p. 573) : — 

" Item, it is orilainit tliat tlie thre sonnea of Sir Alisander Stewart, the qubilkes ar now in prison in the Caatel 
of Stiyneling, be deliverit to the Lientenaud, aud that lie be obligit t« gerr Lhaim be kepit fcrinlj and nocbt be 
deli vent but con sail general or parlement." 

These sons of the Earl of Buchan appear to have eng^ed about 1396-97 in a devastating 
expedition against the Lowlanders of the Angus district in Forfarshire, and thus to have come into 
collision with the authorities of their uncle, Robert III. According to Bower (Scotichronicon, lib. xv, 
c. 3), one of the sons of the fiery Earl was leader of the expedition, and the accounts of the period 
show considerable disbursements for maintaining certain persons of importance in custody in the 
Castle of Stirling — probably the ones above referred to. (Excheq. Rolls of Scot. vol. UL p. IzxviiL) 

We may add that whenever the " Wolf of Badenoch " is alluded to, he ia termed " Dominua 
Alejf- Senescatli " if the deed be in Latin, and " Sir Alex^- Stewart " if English be used, in the 
documents of the period. 

A letter recently discovered in the Edradynate charter-chest, and dated " Meggemie, Wednesday, 
23rd October 1717," shows that a daughter of James Stewart, first of Wester Cluny, married 
Menzies of Culdares. In this letter, from their son James Menzies of Culdares, and addressed to the 
Rev. Robert Stewart (of Killiechassie) at Killin, the writer designates himself "your affectionate 
nephew." An interesting notice of this James Menzies, who is also one of the parties to the 
Commission referred to at page 34 and printed in full in the Appendix, page 80, is given in 
General David Stewart's work, vol i, page 5X, as follows: — 



ADDENDA. 

"The late James Menzies of Culdares having engaged in the Rebellion of 1715, and been taken at Preston in 
Lancashire, was carried to London, where he was tried and condemned, but afterwards reprieved. Grateful for this 
clemency, he remained at home in 1745, but retaining a predilection for the old cause, he sent a handsome charger as 
a present to Prince Charles when advancing through England. The servant who led and delivered the horse was 
taken prisoner and carried to Carlisle, where he was tried and condemned. To extort a discovery of the person who 
sent the horse, threats of immediate execution in case of refusal, and offers of pardon on his giving information 
were held out, but were equally ineffectual with the faithful messenger. He knew, he said, what the consequences of 
a disclosure would be to his master, and his own life was nothing in comparison. When brought out for execution 
he was again pressed to inform on his master. He asked if they were serious in supposing him such a villain. If he 
(lid what they desired, and forgot his master and his trust, he needed not return to his country, for Glenlyon would 
be no home or country for him, as he would be despised and hunted out of the glen. Accordingly he kept steady to 
his trust and was executed. This trusty servant's name was John Macnaughton, from Glenlyon in Perthshire ; he 
deserved to be mentioned, both on account of his incorruptible fidelity and his testimony to the horourable principles 
of the people, and to their detestation of a breach of trust to a kind and honourable master, whatever might be the 
risk, or fatal consequences to the individual himself." 

General Stewart adds in a footnote : — 

" A picture of the horse is in my possession, being a legacy from the daughter of Mr. Menzies. A brother of 
Macnaughton lived for many years on the estate of Garth and died in 1790.'' 

Since the preceding pages have passed from the printer's hands a genealogical work of 
considerable interest has been published, " The Stewarts of Appin," a handsome volume, beautifully 
printed, and which we heartily welcome as a valuable addition to the early history of the Stewart 
race generally, besides aflFording a concise genealogy of the various branches of the Appin Stewarts. 

The theory of the descent of the Stewarts from Fleance, son of Bancho, has been revived, but 
not dogmatically, the reader being invited to satisfy himself from the testimony given as to whether 
Alan, the father of Walter, first High Steward, was son of Fleance, or of FUmld the Norman, which 
latter theory has generally been held by genealogists of more recent times, and with which we are 
inclined to concur, as stated at the commencement of Chapter I. 

What we particularly value in " The Stewarts of Appin " is the historical account given of the 
race generally from Alan, father of the first High Steward, step by step down to the commence- 
ment of the reign of King Robert II., and onwards in the Bonkyll line to Sir John Stewart, 
usually known as "the last Lord of Lorn." The enumeration of dates and description of 
documents and personal acts are very interesting, and the genealogy in this portion of the work 
fully corroborates, from independent sources, the genealogical tables we give at pages 12 and 20. 



Miss Anne Stewart of Beverley, named at page 52, has, we regret to say, died on 21st May 
1880, prior to the completion of this work. 

Referring to Chapter V. page 40, James Stewart-Robertson, younger of Edradynate, married, 
11th October 1880, at St. Giles' Cathedral, Edinburgh, Janet Beatrice, youngest daughter of T. W. 
Murray-Allan, Esq. of Glenfeochan, Argyleshire, by Jane Campbell, his wife, daughter of J. 
Campbell of Achallader, and Anne, his wife, daughter of M*Neil of Barra, chief of that " clan." 



ERRATUM. 
At page 45, line 9 from bottom, for Charles read James. 



APPENDIX. 

Robertson's " ludex of Cliarters" there occur the following entries : — 

" Carta to Thomas Menzies of the lands of Fothergill in Atholia. {King 
Eob. I.) ■■ 

"Carta by Robert, son of Duncan of Atholia, to Alexander Menzies of 
Fothergill, on the marriage of Jean, dau'- of the said Rob., one of the heirs of Glenesk 
(temp. David II.) " 

CKOWN CHARTER to Albxakder ot Memibs, Knight, mid EuinrA Stewart, his sire, of the Barony Kg,. Uaa 
ofDurisdere. [a.D. 1306.1329.] gig"j Ro^'j. 

Robertus etc., Sciatis nos dedisse concessisse et hac presenti carta nostra confirmasse f^,,^^^. 
Alexandre de Meyneris militi et E^idie senescalli sponse sue pro homagio et seruicio sue bert tbs 
totam baroniam de Dorisdere cum pertinenciis ; Tenendani et habendatn dictis Alexandre Brace.) 
et Egidie sponse sue et eorum alter! diucius viuenti eonimque heredibus inter ipsos 
legitime proi.reatia, de nobis et heredibus nostris in feodo et hereditate per onines rectas 
tuctas et diuisas suas libere quiete plenarie et honorifice cum omnibus libertatibus com- 
moditatibus aysiamentis et justis pertinenciis suis faciendo inde nobis et heredibus 
nostris dicli Alexander et Egidia eorumque heredes siipradicti seruicium debitum 
et consuetum. Si vero dicti Alexander et Egidia moriantur nullo herede relicto 
superstite inter ipsos vt dictum procreato, volumus quod dicta baronia cum peitineuciis 
ad propiuquiures heredes dioti Alexandri iure hereditario deuoluatur. In cuius rei etc. 



■ p. 557. 



EXTRACT from the Exchequek Rolls containing payment from the Lands of FortberRill, I35S. The Ex- 

Expense eiusdeM de exitibus Itineris Justiciarii In primis computat xj" vj'et viij<i HolUof 
in expensis Justiciariorum dictum Iter apud Perth tenenciura xxix" die Octobris anno 1?^^'"'' 
et« Lviij" Item iiij" abbati de Scona pro secuudis deciniis. Item xx' Priori de 
Rostynot pro secundis decimis ipsum contingentibus de duobus hominibus de Anegus infra 
vicecomitaium de Perth amerciatis et dampnatis. Item xl' fratribus de Perth ex con- 
cessione Justiciariorum in Itinere sedencium Item allocantur computanti xx' quos soluit 
super compolum Domino Waitero de Byger camerarii locum tenenti de quilius respondebit 
Item x" allocantur computanti per ditforci amenta sibi facta per senescalluia scocie de 
persouis infra scriplis videlicet, Gilljerto de Cornell, Johanne de Buchane Willehno de 
Paaslay Andrea Mar et Johanne Coco, et ad dicta diflbrclamenta probanda idem com- 
putans se obligauit sub pena que competit. Item allocantur computanti xij" per 
dilTorciamenta aibi facta per Eobertum lilium iJiincani et Fergusiiini iiliura ade pro 
<lefectu secte terrarum de Balnefert, Balmacrechy, Balnakerd, Glendocher, Atholia et de 
ffortkinjill et ad hec probanda idem computans se obligauit vt supra. Item allocantur 
computanti xxiju de hominibus comitis de Marr cont«ntis in extractu per indenturam 
per remisaionem Domini Regis. Item allocantur computanti xl' de Comite Rossie pro 
defectu secte de fforgundeueny per literani Remissionis domini Regis oatensam super 
coropotum. Item allocantur computanti xl* per difforciamentn sibi facta per Hugonem 



6 2 THE S TE WAR TS OF FORTHERGILL, 

de Eoos de Patricio de Eendeley ad quod probanda se obligauit sub pena vt supra. Item 
allocantur computanti xU per difforciamentum sibi factum per abbatem de Culros ad 
quod probandum se obligauit vt supra. Item allocantur computanti xl., per difforciamentum 
sibi factum per priorem de Inchmacholmok ad quod probandum se obligauit vt supra. 
Summa huius expense Lxxj" vj« et viij*^. 

Keg. Mag. CROWN CHARTER to Robert, son of Duncan of Athole, of the half of the Lands of Ferdalle. 24th May 1362. 

No.*42. Dauid Dei gracia Eex Scotorum. Omnibus probis honiinibus tocius terre sue clericis 

et laicis salutem : Sciatis nos dedisse concessisse et hac presenti carta nostra confirmasse 
lioberto filio Duncani de Atholia pro homagio et seruicio suo medietatem omnium 
terrarum nostrarum de Ferdalle cum pertiuenciis infra vicecomitatum de Perth : Tenen- 
dam et habendam eidem Eoberto et heredibus suis de nobis et heredibus nostris in feodo 
et hereditate; per omues rectas metas et diuisas suas libere quiete integre et honorifice 
in boscis et planis moris marresiis viis semitis aquis stagnis molendinis multuris et 
eorum sequelis pratis pascuis et pasturis aucupacionibus venacionibus et piscariis cum 
fabrilibus et bracinis bondis bondagiis natiuis et eorum sequelis et cum omnibus aliis 
et singulis libertatibus commoditatibus aysiameutis et iustis pertiuenciis quibuscunque, 
tam non nominatis quam nominatis ad dictam medietatem terrarum spectantibus seu 
juste spectare valentibus in futurum. Faciendo forinsecum seruicium nostrum, pro dicta 
medietate terrarum. In cuius rei testimonium presenti carte nostre sigillum nostrum 
precepimus apponi : Testibus venerabilibus in Christo patribus Willelmo episcopo Sancti 
Andree et patricio episcopo Brechinensi cancellario nostro : Eoberto Senescalli Scocie 
Comite de Stratherne nepote nostro Eoberto de Erskyne camerario nostro Scocie et 
Thoma Byset, militibus. Apud Perth xxiiij^^ die Maij anno regni nostri tricesimo tercio. 

Reg. Mag. CROWN CHARTER to Alexander Stewart, Knight, Lord of Badenach, of the Lands of Tempar, Garth, and 
Sig., Rot. V. others. 18th October 1380. 

No. 121. 

A.D. 1379- Eobertus etc, Sciatis nos etc., dilecto filio nostro Alexandro Senescalli militi domino 

80. de Badenach terras de Tempar Lassintulach Tulachroske Kenachan Gart Bufrac cum 

tercia parte vnius ville que vocatur Lychnoch infra vicecomitatum de Perth, que fuerunt 
Johauete de Meygners et quas eadem Johaneta vt supra, Tenendas et habendas eidem 
Alexandro et heredibus suis ac suis assignatis de nobis et heredibus nostris in feodo et 
hereditate, etc. Eeddendo inde nobis et heredibus nostris vt supra annuatim vnum 
denarium argenti nomine albe firme, apud Perth etc Testibus etc. apud Methfen xviij*' 
die Octobris anno regni nostri nono. 

Minutes of EXCERPTS from Extract Registered Charter by Kino James I. (oi Scotland), dated 12th August 1426, 

Evidence in confirming Charter by Alexander Stewart, Earl of Mar and Garuiagh, to Alexander de Forbes, 

Mar Peerage ^f ^j^g LAnds of Glencoure, dated 24th December 1409. To which Charter James Stewart (first of Forther- 

of Lords S^^^)* brother to said Earl of Mar, is a w^itness. 

1868-72. Jacobus Dei gratia rex Scotorum omnibus probis hominibus tocius terre sue clericis 

et laicis salutem Sciatis nos quandam cartani dilecti consanguine! nostri Alexandri 
Stuart comitis de Mar et de Garuiach factam et concessam dilecto nostro Alexandro de 
Forbes de Burchis pro suo fideli seruicio sibi impenso et pro toto tempore vite sue impen- 
dendo de omnibus et singulis terris suis de Gleucarwe de Glencoure et Le Orde cum perti- 
uenciis ... In cujus rei testimonium sigillum nostrum presenti carte nostre fecimus 
apponi apud castmm nostrum de Kyncardin vicesimo quarto die mensis Decembris anno 
Domini millesimo quadringentesimo nono Testibus reuereudo in Christo patre domino 
Gilberto Dei gratia episcopo Aberdonensi cancellario Scocie Jacobo Steuart fratre nostro 
Wilelmo de Camera domino de Findoun domino Johanne Nesbit rectore ecclesie de 
Kyndrome Johanne de Inchmartyn archidiacono Eossensi Secretario nostro . . . cum 
multis alijs. 



APPENDIX. 



63 



CHARTERS AND DEEDS RELATING TO JOHN STEWART OF FORTHERGILL, 

RANNOCH, AND GARTH CASTLE. 

TRANSLATION of CROWN CHARTER by Kino James II. to John Stkwaut of Garth, of the Lands of 

Forthergill, dated 80th October 1455 J 

Jaraes, by the grace of God King of Scots, to all good men of his whole land, clergy 
and laymen, wisheth health : Wit ye us to have given, granted, and at feu-farm set, and 
by this our present charter to have confirmed, to our lovit and faithful John Stewart of 
Gart, all and whole our lands of Forthirgil, with the pertinents, lying within the shire 
of Perth : To hold the foresaid lands of Forthirgil, with the pertinents, to the said 
John Stewart and his heirs, of us, our heirs and successors, in feu-farni and heritage 
for ever ; by all their just, ancient, and divided meithes, as they lie in length and 
breadth, in woods, plains, muirs, marshes, ways, paths, waters, pools, streams, meadows, 
pastures, and grazings, mills, multures, and their sequels, fowlings, huntings, fishings, 
peat-mosses, divots, coal heuchs, stone and lime workings, brewhouses, brushwoods, and 
plantings, with courts and their issues, herezelds, bludewits, and raerchets of women, and 
with all other and sundry liberties, commodities, and easements, and their just pertinents 
whatsoever, as well not named as named, belonging, or that may in any way whatever 
happen justly to belong in future, to the said lands, with the pertinents, freely, quietly, 
fully, wholly, honourably, well, and in peace, without any withholding or obstacle what- 
ever: Rendering therefor yearly, the said John and his heirs, to us, our heirs and 
successors, ten and eight pounds of the usual money of our kingdom, in name of feu- 
farm only: In witness of which thing, to this our present charter we have commanded 
our great seal to be affixed. The witnesses being the reverend fathers in Christ, Thomas, 
bishop of the church of Dunkeld, and George, bishop of the church of Brechin ; William, 
Earl of Orkney and of Caithness, lord of Saintclair, our chancellor and wel-beloved 
cousin ; our beloved cousins, Thomas, lord Erekyne, Patrick, lord Glamis, James, lord 
Hamilton, Robert, lord Lile, Mr. Richard Forbas, master of our Rolls, and William of 
Moray of Tulibardin : At Perth, the penult day of October, in the year of God one 
thousand four hundred fifty-five, and of our reign the nineteenth. 



Athole 
Charter- 
Room. 



NOTARIAL INSTRUMENT on Indenture between Sir Andrew Ooilvy of Inchmartine and John Stewart Athole 

of Rannoch anent the Lease of StrathardilL Indenture dated 6th July 1460 ; Instrument, 28th June 1461. Charter- 
Room. 

In Dei nomine amen Anno Incamacionis dominice millesimo quadringentesimo sexa- 
gesimo priino, mensis vero Junii die vicesimo octauo, indiccione nona pontificatus Sanct- 
issimi in Christo patris et domini nostri domini Pii diuina prouidencia pape secundi anno 
tercio; In mei notarii publici et testium subscriptorum presencia personaliter constitutus 
honorabilis vir domiuus Andreas de Ogilvy de Inchmertyne miles, quamdam Indenturam 
papiream sigillis honorabilium virorum viz: Johanuis Stewart de ttbrtherkill, Roberti de 
Abircrumby, Thome Waixlropar et Jacobi Govano burgensis de Perth, rubea cera sigilla- 
tam, sanam integram et non suspectam mihi notario publico subscripto perlegendam 
copiandam et transumendam presentauit, Cuiusquidem litere tenor sequitur sub hac 
forma et est talis: This Indentur made at Perth the sext day of the moneth of Julii the 
yher of God a thousand four hunder and sexty proportis and beris vytnes in maner and 
forme as eftir folowis, — that is to say that it is accordyt betuyx honoi-abill men Schire 
Androw of Ogilvy of Inchmertyne knycht on the ta pairt and Johne Stewart of the 
Rannoche on the tothir pairt that is to say the said Schire Androw wyth consent and 
assent of Dauid of Ogilvy his sonn and ayr has set and^ .... to the said Johne 
Stewart his chemys of Strathardill wyth all his pairt of the .... nyne yher next 

' See facsimile of this Charter, No. 1. 

' Blanks occasioned by the wasted condition of the original 



64 THE STEWARTS OF FORTHERGILL, 

folovvand his entra the quhilk .... befor the date of this wryte wyth court playnt and 
chete of court march .... power to set the said landis als oft as hym thynk spedefuU 
the court of ... . persoun reseruit to the said Schire Andro and of all vthir personis 
of huntyne and greu .... gider of all fruitis bygane safand to the said Johne Stevart the 
price of all distroyit byggyngis that may be recouerit be the law ; the said Johne Stewart 
payand yherly to the forsaid Schire Andro his ayeris or assignais twenty markis of vsuell 
mone of Scotland, for the said pairt of his landis, and four markis for his saide cherays, 
at tua vsuell termys in the yhere that is to say vitsonday and martymes be evin porcionis; 
And giff it sail happyn in ony tyme to cum wythin the termys forsaide the said chemys 
or bny pairt of it to be recouerit fra the said Schire Andro be the Law, sa fer as it is of 
vale that happynnis to be recouerit sail be defaulkyt to the said Johne Stewart of the 
four markis of male at he suld haff gevyn me yherly tharfor : Alsua the said Johne 
Stewart sail ger and furthir at his gudely power the saide Schire Andro be assythit of all 
malis of the said landis sen the dede of the erle of Craufurde that last dissesyt awand till 
hym of all strenzeabill dettouris and defend the said landis and vphald the biggynis and 
woddis wndistroyit in als gude forme or better than he fyndis thaira, and as thai war his 
awyn propyr heretagis, for all the tyme of his tak, And at the Ischay of it giff our the 
said landis wyth gude will and kyndnes ; And all thir condicionis befor vryttyn and 
specialy the payment of the malis of the forsaid landis to kepe and fuUfiU we the saide 
Johne Stevart, Eobert of Abercrumby of that ilk, Thome Vardropar of the Gothnys and 
Jamys of Gufane burges of Perth, oblis ws our ayeris and all our landis and gudis be 
style of obligacioun coniunctly and ilk aue of vs seueraly be our self. And I the said 
Schire Andro in lyke maner to thaim all fraude and gyle excludit and vterly away put, 
And for the mar sekyrnes to the pairt of this indentur remaynand wyth the saide Johne 
Stewart, the selis of the saide Schire Andro and Dauid his sonn ar to put ; And to the 
pairt remaynande wyth the saide Schire Andro the selis of the said Johne Eobert Thomas 
and Jamys ar to put, zer day and place befor vryttyn. Post cuiusquidem indenture 
lecturam inspecturam et diligenter examinaturam dictus dominus Andreas per me 
Notarium publicum sibi fieri peciit publicum instrumentum sine transumptum vt ipsi 
transumpto fides adhibeatur futuris temporibus sicut originalibus : Acta et lecta fuerunt 
hec Apud ecclesiam de Kynspyndy, anno die mense indiccione et pontificatu quibus 
Supra : Presentibus ibidem honorabilibus et prouidis viris, domino Willelmo Charteris de 
Kanguor, milite, Petro de Cochrane de Petfour, Patricio Bruse, magistro Alexandro de 
Balcancole vicario de Kynspyndy, Johanne Scot de flfyngask, Dauid Charteris, domino 
Jacobo riemyng notario publico testibus ad premissa vocatis specialiter et rogatis. 

Et ego Johannes Hude presbiter Sanctiandree dyocesis publicus 'auctoritate imperiali 
Notarius premissis omnibus et singulis dum sic vt premittitur fierent agerentur 
et dicerentur vna cum prenominatis testibus presens interfui eaque omnia et 
singula sic fieri ac dici vidi et audiui et in notam sumpsi Ideoque hoc presens 
publicum instrumentum sine transsumptum manu mea propria subtus et super 
conscriptum exinde confeci signoque meo solito et consueto signaui rogatus et 
requisitus in fidem et testimonium veretatis omnium et singulorum premissorum. 

Athole NOTARIAL INSTRUMENT on the Consent of Sir Andrew Gray, grandson of Andrew Lord Gray, to the 

Charter- Sale of the Lands of Killibroach and Dysert to John Stewart of Forthergil, dated 12th August 1462. 

In Dei nomine Amen Anno incarnacionis dominice millesimo quadringentesimo 
sexagesimo secundo mensis uero Augusti die duodecimo indiccione decima pontificatus 
Sanctissimi in Christo patris et domini domini nostri Pii diuina prouidencia pape secundi 
Anno quarto in mei notarii publici et testium subscriptorum presencia personaliter con- 
stituti nobilis dominus Andreas dominus le Grey ex parte vna et Eobertus mersare 
burgensis de Perth et Thomas Wardropar de Gothynnis procuratores et nomine procura- 
torio ut asseruerunt nobilis et potentis viri Johaunis Stewart de forthirkil ex parte altera 



Room. 



APPENDIX. 65 

prefatus uero dominus vtraque parte in forma que sequitur asseruit et declarauit quod 
ipse et Elisabeth sponsa sua et Patricius Grey de Kynef ipsorum filius miles vendide- 
runt et alienauenint prefato Johaniii Stewart et beredibus suis terras de Killibroach et 
Disert iacentes in comitatu Atholie infra vicecomitatum de Perth sibi prefato Andree 
domino Gray prouenientes et heredibus suis racione mobilis monete maritagii cum pre- 
fata sponsa sua cum quadam litera reuersionis facta eidem per dictum Johannem prout 
in euidenciis desuper confectis plenius continetur Et ad hoc fideliter obseruandum futuris 
temporibus consensum et assensura etiam nobihs viri Andree Grey militis nepotis ipsius 
domini et heredis ac filii dicti Patricii Grey militis dicto Johanni Stewart ut asseruit 
pro suo interesse in premissis optinere promisit Quiquidem Andreas Grey miles ibidem 
personaliter astans in presencia dicti domini aui sui et procuratorum dicti Johannis 
Stewart ac multorum aliorum coram etiam Gilberto Brown vno balliorum burgi de 
Perth in pretorio eiusdem pro tribunali sedente ad huius vendicionem et alienacionem 
dictarum terrarum cum pertinenciis necnon cartis et litera reuersionis ut premittitur 
factis suos consensum et assensum ibidem libere prebuit et donauit et ad seruandum huius 
modi vendicionem et alienacionem dictarum terrarum cum pertinenciis ac condiciones inter 
prefatas partes occasione earundem factas et quod nunquam per se nee per quamcunque 
aliam personam nomine suo opponeret aut contradiceret sed fideliter seruaret tacta ibidem 
ymagine sancte crucis jurauit sollempniter ac juramentum prestitit corporale: Super 
quibus omnibus et singulis prefati Robertus Mersare et Thomas Wardropar procuratorio 
nomine dicti Johannis Stewart a me notario publico sibi fieri pecierunt vnum vel plura 
pubhcum instrumentum seu publica instrumenta: Acta fuerunt hec in pretorio burgi 
predicti hora quasi vndecima ante meridiem sub anno die mense indiccione et pontificatu 
suprascriptis : Preseutibus ibidem prouidis viris Gilberto Brown balliuo, Andrea Char- 
teris, Johanne Quhytsoun, Johanne Chawmer, Willelmo Scoule, cum multis aliis; Et ad 
maiorem huius instrumenti euidenciam dicti Robertus et Thomas procuratorio nomine 
quo supra sigilla dictorum Gilberti Brown balliui, ac Andree Charteris et Johannis de 
Camera, burgensis dicti burgi de Perth, huic instrumento appendi cum instancia procura- 
runt, vna cum sigillo ipsius Andree Grey militis in primo loco appendente ad exprimen- 
dum consensum ipsius ad predicta. 

Et ego Henricus Roberti presbiter Dunblanensis diocesis publicus Auctoritate Impe- 
riali Notarius premissis omnibus ut supradictis dum sic vt premittitur agerentur 
dicerentur et fierent vna cum prenominatis testibus presens interfui eaque omnia 
et singula sic fieri et dici vidi et audiui et in notam recepi a qua hoc presens publi- 
cum instrumentum manu aliena me aliis arduis ocupato negotiis conscriptum 
extraxi et tn banc publicam formam redegi Signoque nomine meis solitis et 
consuetis signaui vnacum dicti Andree militis sigilli ceterorumque sigillorum vt 
prefertur procuratorum appensione hie me subscribendo Rogatus et requisitus in 
fidem et testimonium omnium premissorum iuterlineacionem huius verbi con- 
scriptum approbo cum premissis. 



CHARTER by Andrew Lord Gray, with consent therein mentioned, in favour of John Stewart of Forthergil, Athole 

of the Lauds of Killibroach and Disert Dated 28rd August 1462. Charter- 

Room. 

Omnibus hanc cartam visuris vel audituris Andreas Dominus le Gray etemam in 
Domino Salutem: Noueritis me cum consensu et assensu precarissime spouse mee 
Elisabeth Gray, necnon filii mei primogeniti Patricii Gray de Kynnef, ac filii sui primo- 
geniti Andree Gray militum, vtilitateque nostra in onmibus prepensata vendidisse ac 
titulo pure vendicionis a me heredibus meis et assignatis pro perpetuo alienasse et hac 
presenti carta mea confirmasse, Nobili viro Johanni Stewart de forthirkil, omnes et 
singulas terras meas de Killibroach et Disert, cum suis pertinenciis iacentes infra comi- 
tatum Atholie et vicecomitatum de Perth, nunc baronie mee de Langforgund annexas, 



66 THE STEWARTS OF FORTHERGILL, 

infra vioecomitatum predictum, pro certa surama pecunie ordinata ad redempciouem 
terraruui de Broxmouth, cum pertinenciis iacentium infra vicecomitatum de Tevidale, 
mihi per dictum Johannem pre manibus gratanter et plenarie pre manibus persoluta ; de 
qua quidem summa pecunie fateor me bene contentum et plenarie persolutum, dictumque 
Johannem heredes suos executores et assignatos de eadem in perpetuum quietosclamo : 
Tenendas et habendas omnes et singulas prefatas terras de Killibroach et Disert, cum suis 
pertinenciis dicto Johanni heredibus suis et assignatis, de me heredibus meis et assignatis, 
in feodo et hereditat^ in perpetuum, per omnes rectas metas suas antiquas et divisas in moris 
marresiis boscis planis pratis pascuis et pasturis viis semitis aquis stagnis riuolis molendinis 
multuris et eorum sequelis, cum aucupacionibus venacionibus piscacionibus petariis tur- 
bariis carbonariis lapicidiis lapide et calce brueriis brasinis fabrilibus et genestis, cum curiis 
et earum exitibus, eschaetis bludwitis et merchaetis mulierum, ac cum omnibus aliis et 
singulis libertatibus commoditatibus et asiamentis ac iustis suis pertinenciis quibuscun- 
que, tam non nominatis quam nominatis, tam subtus terra quam supra terram, tam procul 
quam prope, ad dictas terras cum pertinenciis spectantibus seu iuste spectare valentibus 
in futurum, libere quiete plenarie integre honorifice bene et in pace, sine retenemento 
reuocacione aut obstaculo quibuscunque : Eeddendo inde annuatim dictus Johannes 
heredes sui et assiguati mihi heredibus meis et assignatis vnum denarium inonete Scotie 
currentis pro tempore, super solum dictarum terrarum nomine albefirme si petatur 
tantum, pro omni alio onere seruicio exaccione seu demanda que de dictis terris cum suis 
pertinenciis per me heredes meos aut assignatos exigi poterunt in futurum quomodolibet 
vel requiri; Assigno preterea Johanni predicto heredibus suis et assignatis omnes et 
singulas terras meas iacentes infra quoscunque vicecomitatus regni pro securitate et 
waranto prefatarum terrarum de Killibroach et Disert cum suis pertinentiis, itaque si 
non poterint eisdem gaudere pacifice habebunt recursum ad quascunque alias terras 
meas vbi eis melius placuerit, fraude et dolo seclusis quibuscunque ; Et ego predictus 
Andreas cum consensu et assensu prefatorum Elisabeth, Patricii, et Andree, heredes mei 
et assignati, dictas terras de Killibroach et Disert cum suis pertinenciis, prenominato 
Johanni heredibus suis et assignatis, in omnibus et per omnia forma pariter et effectu, ut • 
est dictum, contra omnes mortales warantizabimus acquietabimus et in perpetuum 
defendemus: In cuius rei testimonium sigillum meum presentibus est appensum vna 
cum sigillis dictorum Elisabeth Patricii et Andree militum ad exprimendum eorum 
consensum ad predicta, apud Perth vicesimo tercio die mensis Augusti Anno Domini 
millesimo quadringentesimo sexagesimo secundo. Testibus Johanne Schawmer de 
Strathte Johanne Haddyntowne et Domino Thoma Irlaud cum multis alliis. 

Grantully CHARTER by JouN Earl of Athole to John Stewart of Furthirkill of the Lands of Edderdagonat 

Charters. (Edradynate). 24th February 1465. 

Omnibus banc Cartam visuris vel audituris, Johannes comes Atholie et dominus de 
Balvany, salutem in Domino sempiternam: Sciatis nos dedisse, concessisse, et hac 
presenti carta nostra confirmasse dilecto consanguineo nostro Johanni Stewart de 
Furthirkill, omnes et singulas terras de Eddirdagonat cum pertinenciis, iacentes in 
comitatu nostro Atholie, infra vicecomitatum de Perth : Que quidem terre cum per- 
tinenciis fuerunt dilecti consanguinei nostri Siluestri de Eettre de eodem heredi- 
tarie, et quas terras cum pertinenciis idem Siluester, non vi aut metu ductus, nee 
errore lapsus, sed mera et spontanea voluntate sua in manus nostras per fustem et 
baculum persoualiter sursum reddidit, pureque et simpliciter resignauit, ac totum 
ius et clameum que in dictis terris cum pertinenciis habuit seu habere potuit, pro 
se et heredibus suis, omnino quietumclamauit imperpetuum: Tenendas et habendas 
omnes et singulas prenominatas terras Eddirdagonat cum pertinenciis predicto Johanni 
Stewart., heredibus suis et suis assignatis, de nobis et successoribus nostris, in feodo et 
hereditate imperpetuum, per omnes rectas metas suas antiquas et diuisas, et boscis, 
planis, moris, marresiis, siluis, aquis, stagnis, pratis, pascuis, et pasturis, molendinis, 



APPENDIX. 67 

multuris et eorum sequelis, aucupacionibus, venacionibus, piscacionibus, fabriuis et 
brasinis, ac cum curiis et curiarura exitibus, herizeldis, bludwitis et merchetis rauli- 
erum, cum communi pastura ac libero introitu et exitu, necnon cum omnibus aliis et 
singulis libertatibus, commoditatibus et aisiamentis, ac iustis suis pertinenciis quibus- 
cunque, tarn non nominatis, quam noniinatis, tam subtus terra quam supra terram, tarn 
prope quam procul, ad predictas terras de Eddirdagonat cum pertinenciis spectantibus, 
seu iuste spectare valentibus quomodolibet in futurum, adeo libere et quiete, plenarie, 
integre et honorifice, bene et in pace, in omnibus et per omnia, sicut dictus Siluester aut 
aliquis predecessorum suorum prenominatas terras de Eddirdagonat cum pertinenciis de 
nobis aut antecessoribus nostris, ante prefatam resignacionem nobis inde lactam, liberius 
tenuit seu possedit: Faciendo inde nobis et successoribus nostris ac nostris heredibus dictus 
Johannes Stewart, heredes sui et sui assignati, seruicia debita et consueta, cum communi 
secta curie nostre: Et nos Johannes, comes supradictus, omnes et siugulas dictas terras 
de Eddirdagonat cum pertinenciis, ac etiam heredes nostri, et nostri successores, prefato 
Johanni Stewart, heredibus suis et suis assignatis, in omnibus et per omnia, ut premissum 
est, contra omnes mortales warrantizabimus, acquietabimus, et imperpetuum defendemus. 
In cuius rei testimonium presenti carte nostre sigillum nostrum apponi precepimus; 
testibus, honorabilibus viris, videlicet, dominis Jacobo de Crechton de Karnis et Koberto 
de Abircrumby de eodem, militibus, Wilelmo Blair de Ardblair, Eoberto Gall, Roberto 
Bonkill, familiaribus nostris, dominis Thoma de Irland, rectore de Weyme, et Johanne 
Halden, capellano nostro, notario publico, apud Perth, vicesimo quarto die meusis 
Februarij, anno Domini millesimo qiiadringentesimo sexagesimo quinto. 

TRANSLATION of Crown Confirmation of Charter by Andrew Lord Gray to John Stfavaut of ForthirkU, Athole 

of the Lands of Killibroach and Disert, in AtholL 25th December 1466. Charter- 

Room. 

James, by the grace of God King of Scot5, to all good men of his whole land, clergy 
and laymen, greeting : Wit ye us to have fully understood a certain charter of our lovit 
cousin Andrew, Lord the Gray, made and granted to our lovit John Stewart of Forthirgyll, 
of all and sundry the lands of Killibroach and Disert, with the pertinents, lying in the 
earldom of AthoU, within our shire of Perth, at our mandate seen, read, inspected, and 
diligently examined, sound, whole, not erased, not cancelled, nor in any part of it 
suspected, under this form : — To all who shall see or hear this charter, Andrew, Lord le 
Gray (wisheth) eternal safety in the Lord : Wit ye me, with consent and assent of my 
most beloved spouse, Elizabeth Gray, also of niy first-born son, Patrick Gray of Kynneff, 
and of his first-born son, Andrew Gray, Knights, our utility in all things being afore con- 
sidered, to have sold, and by the title of pure vendition, from me, my heirs and assignees, 
for ever to have alienated, and by this my present charter to have confirmed to a noble 
man, John Stewart of Forthirkil, all and sundry my lands of Killibroach and Disert, 
wuth their pertinents, lying in the earldom of Atholl and shire of Perth, now annexed 
to my barony of Longforgound within tlie shire foresaid ; for a certain sum of money 
onlained for the redemption of the lands of Broxmouth, with the pertinents, lying in the 
shire of Tevidale, fully and thankfully paid to me in advance by the said John ; of which 
sum of money I confess me well contented and fully paid, and quit-claim the said 
John, his heirs and assignees, of the same for ever: To hold and to be had all and 
sundiy the foresaid lands of Killibroach and Disert, with their pertinents, to the 
said John, his heirs and assignees, of me, my heirs and assignees, in feu and heritage 
for ever, by all their right, ancient, and divided measures, in muirs, marshes, woods, 
plains, meadows, grazings and pastures, ways, roads, waters, pools, streams, mills, mul- 
tures and their sequels, fowlings, huntings, fishings, peat-mosses, divots, coal heughs, 
quarries (stone and lime), shrubberies, malt-kilns, smithies, and plantings, with courts and 
their issues, escheats, bludewits, and marchets of women ; and with all other and sundry 
freedoms, commodities, and easements, and their just pertinents whatsoever, as well not 
named as named, under the earth as upon the earth, as well far as near, to the said lands 



68 THE STEWARTS OF FORTHERGILL. 

with the pertinents belonging, or that may in future justly belong, freely, quietly, fully, 
wholly, honourably, well and in peace, without withholding, revocation, or obstacle what- 
soever : Eendering therefor annually, the said John, his heirs and assignees, to me, my heirs 
and assignees, one penny money of Scotland current for the time, upon the ground of the 
said lands, in name of blench-farm, if asked only, for all other burden, service, exaction, or 
demand, which might in any way in future, be exacted or required by me, my heirs or assig- 
nees, from the said lands with their pertinents : I assign besides, to the foresaid John, his 
heirs and assignees, all and sundry my lands, lying in whatsoever shires of the kingdom, for 
security and warrant of the foresaid lands of Killibroach and Disart, with their pertinents, 
so that if they should not be able to enjoy them peacefully, they shall have recourse to 
any other lands of mine where it may please them, fraud and deception by whomsoever 
being secluded. And I, the foresaid Andrew, with consent and assent of the foresaid 
Elizabeth, Patrick, and Andrew, my heirs and assignees, shall warrant, acquit, and for 
ever defend the said lands of Killibroach and Disart, with their pertinents, to the afore- 
named John, his heirs and assignees, in all and by all things, in form as well as effect, as 
said is, against all mortals. In witness whereof my seal is appended to these presents, 
together with the seals of the said Elizabeth, Patrick, and Andrew, Knights, to express 
their consent to the foresaid, at Perth, 23rd August 1462. These being witnesses, 
John Chamer of Strathy, John of Hadingtoune, and Sir Thomas Irelande, with many 
others : Which charter and donation, grant and vendition in the same contained, in all 
their points and articles, conditions and modes and circumstances whatsoever, in form as 
in effect, in all and by all, we approve, ratify, and for us, our heirs and successors, as is 
premised, for ever confirm, saving to us, our heirs and successors, the rights and services 
from the said lands due and wont to us before this present confirmation : In testimony 
whereof, to this our present charter of confirmation we have commanded our great seal 
to be affixed: The witnesses being, the reverend father in Christ, Andrew, Bishop of 
Glasgow ; our beloved kinsman, Andrew, Lord Avendale, our Chancellor ; Colin, Earl of 
Argyll, Lord Campbell, Master of our Household ; Robert, Lord Boide ; Eobert, Lord 
Lile ; Masters James Lindesay, Provost of Lincloudane, Keeper of our Privy Seal ; David 
Guthre of that ilk, Master of our Eolls ; and Archibald of Quhitelaw, Archdean of Moray, 
our secretary ; at Perth, 25th December 1466, and of our reign the seventh year.^ 

Registrom ABRIDGMENT of Crown Confirmation of Charter by Andrew Lord Gray to John Stewart of Forthergill, 

M«gni of the Lands of Killebronach, etc. 25th December 1466. 

Si»lli,. 

Liber vii. 98. Jacobus Dei gracia rex Scotorum omnibus probis honiinibus tocius terre sue, clericis 
et laicis, salutem : Sciatis nosquandam cartara dilecti consanguinei nostri Andree Domini 
de Gray factam et concessam dilecto nostro Johanni Stewart de Fertirkil, de omnibus et 
singulis terris de Killebronath et Disert cum pertinenciis jacentibus in comitatu Atholie 
infra vicecomitatum de Perth, de mandato nostro visam .... intellexisse sub hac 
forma : Omnibus banc cartam visuris vel audituris Andreas dominus de Gray eternam in 
Domino salutem : Noueritis nos cum consensu et assensu precarissime sponse mee 
Elizabeth Gray, necnon filii mei primogeniti Patricii Gray de Kiunef ac filii sui primo- 
geniti Andree Gray, militum, vtilitate que nostra in omnibus prepensata, vendidisse .... 
nobili viro Johanni Stewart de Fertirkil omnes et singulas terras raeas de Killebronath 
et Disert .... infra comitatum Atholie . . . . , nunc baronie mee de Langfor- 
gound annexas, .... pro certa summa pecunie ordinata ad redemptionem terrarum 
de Broxmouth .... infra vicecomitatum de Tevidale .... michi per dictum 
Johannem gratanter et integre persoluta, etc. : Tenendas et habendas .... dicto 
Johanni, heredibus suis et assignatis, de me, heredibus meis et assignatis, in feodo et 
hereditate imperpetuum . . . . : Reddendo inde annuatim dictus Johannes, heredes 
sui et assignati michi, heredibus meis et assignatis, vnum denarium argenti monete Scocie 
.... si petatur tantum . . . . : Assigno preterea Johanni predicto, heredibus suis 

^ See facsimile of No. 2 Charter, of which the above is a translation. 



APPENDIX. 



69 



et' assignatis, omnes et singulas terras meas jacentes iufra quoscunque vicecomitatus regni 
pro securitate et waranto terranim prefatamm de Killebronath et Disart . . . . Et 

ego predictus Andreas cum consensu, etc dictas terras de Killebronath et 

Disart cum suis pertinentiis prenominato Johanni .... warantizabimns . . . .: 
In cuius rei testimonium sigillum meum presentibus est appensum vnacum sigillis 
dictorum Elizabeth, Patricii et Andree, militum .... Apud Perth, vicesimo tercio 
die mensis Augusti, anno Domini millesimoquadriugentesimo sexagesimo tercio ; testibus, 
Johanne Chaumer de Strathy, Johanne de Hadingtoun, et domino Tlioma Yrland cum 
multis aliis: Quamquidem cartam .... ratificamus et . . . . confirmamus; 
saluis nobis, heredibus et successoribus nostris, juribus et seruiciis de dictis terris, etc. : 
In cuius rei testimonium presenti carte confirmacionis magnum sigillum nostrum apponi 
precepimus; testibus, reuerendo in Christo patre Andrea episcopo Glasguensis; dilectis 
consanguineis nostris, Andrea domino Avandale, caucellario nostro ; Colino comite de 
Ergile, domino Cambel, magistro hospicii nostri; Roberto domino Boide; Roberto 
domino Lile ; magistro Jacobo Lindesay, preposito de Lincloudane, nostri secreti sigilli 
custode ; Dauid de Guthre de eodem, nostrorum computorum rotulatore ; et Archibaldo 
de Quhitelaw, archidiacone Morauiensi, secretario nostro. Apud Perth, vicesimo quinto 
die mensis Decembris anno Domini millesimo quadringentesimo sexagesimo sexto, et 
regni nostri septimo.^ 

ABRIDGMENT of Crown Confirmatioii of Charter by Alexander Stewart of GarntuUy to John Stewart of Registrum 

Fortherkill, of the Lands of Petcarae. 25th December 1 466. Ma^i 

Si^lli, 

Jacobus Dei gracia rex Scotorum .... Sciatis nos quandam cartam dilecti nostri ]^^^ ^"• 
Alexandri Stewart de Gamtule .... concessam Johanni Stewart de Forthirgill, de 
omnibus et singulis terris de Petcarne .... in baronia de Apuadull infra vice- 

comitatum nostrum de Perth, de mandato nostro visam ad plenum intellexisse, 

snb hac forma : Alexander Stewart domimis de Garntuly .... Sciatis me vendidisse 
ac pure vendicionis titulo a me et heredibus meis imperpetuum alienasse .... 
honorabili viro Johanni Stewart de Forthirkill totas et integras terras nostras de Petcarne 
.... in baronia de ApnaduU infra vicecomitatum de Perth, pro quadam certa summa 
pecunie quam dictus Johannes mihi in mea magna necessitate .... persoluit . . . . : 
Tenendas et habendas omnes et singulas prenominatas terras de Petcarne .... prefato 
Johanni, heredibus suis et suis assignatis, de me et heredibus meis in feodo et hereditate 
imperpetuum, per omnes rectasmetas .... sine retinemento et reuocacione quacumque : 
Reddendo inde annuatim .... mihi et heredibus meis vnum denarium argenti apud 
Petcarne antedictum in festo Pentecostis nomine albe firme, si petatur tantum . . . . : 
Et ego vero dictus Alexander et heredes mei omnes et singulas prenominatas terras de 
Petcarne cum pertinenciis prefato Johanni .... in omnibus et per omnia, vt pre- 
missum est, contra omnes homines et femiuas warantizabimns .... per omnes 
terras nostras et possessiones quascumque infra regnum Scocie existentes, ac sub ypotheca 
et obligatione omnium bonorum nostrorum . . . . : In cuius rei testimonium presenti 
carte mee sigillum meum apposui, hiis testibus . . . . ; Johanne de Muncreif de eodem ; 
Andrea Charteris preposito burgi de Perth; Roberto Macnare; Thoma Wardrop de 
Goudis ; magistris Symone Thome Vicario de Perth, et Roberto Tode rectore de Long- 
cardy ; dominis Thoma Ii-eland rectore de Weme, et Johanne Michelsoun vicario de 
Cargill. Apud Perth, secundo die mensis Decembris anno Domini, m° iiij° sexagesimo 
quinto. Quamquidem cartam .... ratificamus et pro nobis, heredibus et succes- 
soribus nostris, vt premissum est, pro perpetuo confirmamus ; saluis nobis .... nostris 
juribus .... debitis et consuetis: In cuius rei testimonium presenti carte nostre 
magnum sigillum nostrum apponi precepimus ; testibus in precedente carta cxpressatis. 
Apud Perth, vicesimo quinto die mensis Decembris anno Domini millesimo quadrin- 
gentesimo sexagesimo sexto, et regni nostri septimo. 

' Facsimile No. 2 ahows thia Charter in full. 



70 



THE STEWARTS OF FORTHERGILL. 



Registrum 
Magni 
Sigilli. 
Liber vii. 
166. 



ABRIDGMENT of Charter under the Great Seal to John Stewart of Forthergill, of the Lands of Tulicuran, 

Dalgame, etc., in Strathardil. 7th October 1470. 



Jacobus Dei irracia rex Scotonim 



Sciatis DOS dedisse 



confirmasse 



dilecto nostro Johanni Stewart de Fertergill, tolas et integras terras de Tilicuran, Dalgarne, 
et Glenuacuay cum fortalicio de Glenuacuay .... in dominio de Strathardil infra 
vicecomitatuni de Perth ; que quidem terre cum prefato fortalicio cum pertinenciis 
fuerunt dilecti nostri Johannis de Ogiluy de Luntrethin, militis, hereditarie ; et quas 
terras .... idem Johannes Ogiluy .... in manus nostras apud Edinburgh 
per fustem et baculum ac suos procuratores ad hoc legittime constitutos cum consensu et 
assensu Jacobi de Ogiluy de Poly, filii sui et heredis apparentis sursum reddidit . . . . : 
Tenendas et habendas dictas terras .... dicto Johanni Stewart et heredibus suis 
de nobis, heredibus et successoribus nostris, in feodo et hereditate impei-petuum, per 
omnes rectas metas . . . . , et adeo libere .... sicut dictus Johannes aut pre- 
dicessores sui predictas terras .... ante dictara reuocacionem .... tenuit, etc. : 
Faciendo .... nobis jura et seruicia .... debita et consueta. In cuius rei 
testimonium presenti carte nostre magnum sigillum nostnim apponi precepimus ; testibus 
vltimo expressatis. Apud Edinburgh, septimo die mensis Octobris anno Domini niille- 
simo quadringentesimo septuagesimo, et regni nostri vndecimo. 



Atbole 
Charter- 
Room. 



TRANSLATION of Charter of John Stewart of Forthergill to the Cathedral Church of Dunkeld, of 

12 merks annually. Dated 13th May 1472. 

To all who shall see or hear this charter, John Stewart of Forthirgill wisheth health 
in Him who is of all the true salvation : Wit all of you, me, John aforesaid, with con- 
sent and assent of my dearest son and apparent heir, Neil Stewart, in praise and honour 
of the Holy and undivided Trinity, Father and Son and Holy Spirit, and of the undefiled 
most glorious Virgin Mary, and of all the holy celestial citizens, and specially of St. 
Adamnan and St. Columba, confessors, and for the prosperous increase of ecclesiastical 
service in the Cathedral Church of Dunkeld, and at the altar of St. Adamnan, erected 
and situated in the same ; and with consent and assent of a reverend father in Christ, 
Thomas, by the grace of God and of the Apostolic See Bishop of Dunkeld, and of the 
Chapter of the same, for the welfare of the soul of our most serene Prince and Tx)rd, 
James, by the grace of God most illustrious King of Scots ; and of the soul of Lady 
Margaret his queen ; and of my soul, and that of my dearest spouse, Mariot ; and of the 
souls of fathers, mothers, brothers, and specially of Neil Stewart, my late brother, and of 
sisters ; and of the souls of the children ; and for the soul of Elizabeth Gordon, spouse of 
Neil Stewart; and of all ancestors and successors; also of the souls of all to whom we 
are debtors ; and of those in regard to whom in any way in this life we have failed in 
duty ; and of the souls of those of whom we have received any goods, movable or im- 
movable, for which we have not made due and worthy satisfaction, or before we pass 
from this life of misery shall not have made ; and of the souls of all the faithful dead, 
in all the best manner, way, law, and form which I can or am able to do, to have given 
and granted, and in pure and perpetual charity to have delivered and annexed, with 
lawful sasine thereon following ; also the said gift, grant, and annexation, for me and my 
heirs, by this present charter to have for ever confirmed, to one priest, for the times 
coming, to serve God, when to this he may be disposed, all manner of fraud and guile 
removed, at the above said altar of St. Adamnan, twelve merks of annual-rent; first and 
principally furthcoming from all and sundry my lands of Twlicwrane and of Dalnagarne, 
with the pertinents, lying in Strathardill, within the shire of Perth ; to be levied and 
taken by the foresaid priest, duly presented to the said chaplaincy and altar, and his 
successors, chaplains of the said chaplaincy, at two terms of the year, namely, the feasts 
of Pentecost and St. Martin in winter, into his own hands, by equd portions : To hold 




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APPENDIX. 



^nd to be had the said annual-rent of twelve merks, from all and sundry my forenamed 
lands, with the pertinents, to the said altar and priest, who for the time may be, and his 
successors, as is premised, serving God ; which lands with the pertinents, not being dis- 
trainable, and the said annual-rent of twelve merks, as is premised, from whatever cause 
not being paid, from all and sundry my lands of Forthirgill, Broakane, and Petordeny, 
with the pertinents, lying in the said shire of Perth, and from all others my lands, and 
annual-rents, with the pertinents accruing, or that may in any way in future accrue to 
me ; in pure and perpetual alms, from me and my heirs for ever, with all and sundry 
freedoms, commodities, and easements, and their just pertinents whatsoever, to the said 
annual-rent of twelve merks with the pertinents belonging, or that may in any way in 
future justly belong, freely, quietly, fully, wholly, honourably, well and in peace, in all 
and by all things, as any alms in the kingdom of Scotland is given by any one to any 
other, or in any manner possessed : Reserving the right of patronage of the said chap- 
laincy and altar to me for all the time of my life ; and after my decease I make, con- 
stitute, and infallibly ordain my heirs patrons of the said chaplaincy and altar for ever ; 
and if my heirs shall be negligent, so that within forty days after the said chaplaincy 
shall have become vacant in their hands, they shall not have presented a sufficient chap- 
lain to the said chaplaincy, and of the vacancy of the same shall be well and truly 
informed; in that case, as often as it shall happen, it shall be lawful to the Dean and 
Chapter of the said Cathedral Church of Dunkeld, who for the time shall be, alone to 
present a sufficient chaplain to the said chaplaincy, without prejudice of my heirs of their 
patronage in time to come : And I will also that my said chaplain who for the time shall 
be presented to the said chaplaincy, shall make continual and personal residence in the 
city of Dunkeld by himself, and not by another ; and if he shall absent himself from the 
said city for twenty-four days together concurrent without licence of the true patron or his 
lieutenant, it shall be lawful to the patron for the time being to dispone upon the said 
chaplaincy, and to present a sufficient chaplain to the same, and to remove him who by 
negligence absents himself from the same, by his own proper authority, without process 
of any judge or of the law: Moreover, if it shall happen (which may it not!) my heirs, 
or any other persons who can be considered my heirs, to hinder my said chaplain or his 
successors in any way whatever, so that he or they sliall not be able peaceably to enjoy 
the said annual-rent of twelve merks, as is premised from my said heirs, their lands, 
annual-rents, and goods movable and immovable, as often as it shall so happen, twenty 
merks of the usual money of Scotland shall be levied and uplifted from the lands and 
goods above written by the Lord Bishop of Dunkeld and his successors annually, to tlie 
use of the said chaplain and his successors : And to the payment of the said sum of twenty 
merks, I, by these presents, firmly bind my heirs in the case premised ; so that the said 
chaplain and his successors may in divine offices, according to the tenor of these presents, 
reside in the place afore-written, and from thence have food and clothing for their sus- 
tenance, all kind of fraud and guile being removed: And I truly the foresaid John and 
my heirs shall warrant, acquit, and for ever defend against all deadly, the said annual- 
rent of twelve merks from my said lands of Twlicwrane and Dalnagarne, with the per- 
tinents; which lands not being distrainable, and, from whatever cause, not paying the 
said annual-rent of twelve merks, from all and sundry my foresaid lands of Forthirgill, 
Broakane, and Petordeny, with the pertinents, and from all others my lands and annual- 
rents, with the pertinents accruing, or that in any way whatever may accrue to me in 
future, in pure and perpetual alms to the said altar and priest there serving God, and his 
successors, chaplains of the said chaplaincy, in all, and by all things, as is premised, and 
by all my goods movable and immovable, to be distrained, taken, and for the not paying 
of the said annual-rent to be sold and alienated for the full and whole payment of the 
said annual-rent of twelve merks, by the said priest and his successors as often as need 
shall be : In witness of the which thing my seal, together with the authentic seal of the 
foresaid reverend father in Christ, Thomas, Bishop of Dunkeld, to this my present 
charter is appended : And I, Neil Stewart, son and apparent heir of the said John, because 



72 THE STEWARTS OF FORTHERGILL. 

1 have no seal of my own, have procured with instance the seal of a discreet man, Sir 
Thomas Ireland, rector of the Parish Church of Weyme, to be aflBxed to these presents, 
in testimony of my consent and assent to the premises, and in form and effect of my 
proper seal : these being witnesses, Alexander Stewart of Garntwly ; Sir Eanald Coly, 
priest ; Duncan of Cardeny of Foss ; Andrew KoUok of Duncroub ; Robert Menzies of 
Coinry ; Eobert M*Nare ; William Ayson ; Duncan Beg M*Gregour ; Donald M*Quhen ; 
and John MoUocht Makgebon, with divers others. At Perth the thirteenth day of the 
month of May, in the year of the Lord a thousand four hundred and seventy-second.^ 

Begisti-um CONFIRMATION by Kino James III. under the Great Seal of a Charter by Alexander Cuninoham of 

M>»Kni Achinbouy to John Stewart of ForthergiU, of the Lands of Strathardill. 28th November 1473. 

SiKilli, 

Libfr vii. Jacobus Dei gracia i*ex Scotorum omnibus probis hominibus tocius terre sue, clericis 

^^' et laicis, salutem : Sciatis nos quandam cartam dilecti nostri Alexandri Cunynghame de 

Achinbowy factam et concessam dilecto nostro Johanni Stewart de Forthirgill de terris 
de Strathardill cum pertinenciis jacentibus in dominio de Strathardill infra vicecomitatum 
nostrum de Perth, de mandate nostro visam, lectam, inspectam, et diligenter examinatam, 
sauam, integram, non rasam, non cancellatam, nee in aliqua sua parte suspectam, ad 
plenum intellexisse sub hac forma : Omnibus banc cartam visuris vel audituris, Alex- 
ander Cunyngham de Achinbowy salutem in Domino sempiteruam : Sciatis me non vi 
aut metu ductum nee errore lapsum, sen fraude aut dolo circumventum, sed mea mera et 
spontanea voluntate vtilitateque mea preuisa, considerata, et ad plenum intellecta, cou- 
cessisse, vendidisse, ac pure vendicionis titulo a me, heredibus meis imperpetuum alienasse, 
necnon et hac presenti carta mea confirmasse honorabili viro Johanni Stewart de Forthir- 
gill, omnes et singulas terras meas de Strathardill cum pertinenciis jacentibus in dominio 
de Strathardill infra vicecomitatum de Perth, pro quadam ceita summa peccunie quam 
prefatus Johannes michi in mea magna et vrgenti necessitate pre manibus gratanter et 
integre persoluit in peccunia numerata, de qua quidera summa peccunie teneo me bene 
contentum et totaliter persolutum dictumque Johannem, heredes suos, executores et 
assignatos inde quietclamo presentis carte per tenorem : Tenendas et habendas omnes et 
singulas prenominatas terras meas de Strathardill cum [pertinenciis] predicto Johanni, 
heredibus suis et suis assignatis de me et heredibus meis in feodo et hereditate imper- 
petuum, prout jacent in longitudine et latitudine per omnes rectas metas suas antiquas et 
diuisas, in boscis, planis, moris, marresiis, montibus et collibus, pratis, pascuis et pasturis, 
viis, semitis, aquis, stangnis, riuelis, siluis, lacubus, petariis, turbariis, carbonariis, et 
columbariis, brueriis, et genestis, cum lapide et calce, fabrilibus et bracinis, molendinis, 
multuris et eorum sequelis, aucupacionibus, venacionibus, piscacionibus, cum curiis et 
curiarum exitibus, bludewitis, herizeldis et merchetis mulierum, cum communi pastura, 
cum libero introitu et exitu, ac cum omnibus aliis et singulis libertatibus, commoditati- 
bus, et asiamentis, ac justis suis pertinenciis quibuscunque, tam non nominatis quam 
nominatis, tam subtus terra quam supra terram, procul et prope, ad predictas terras cum 
pertinenciis spectantibus seu juste spec tare valentibus quomodolibet [in] futurum, libere, 
quiete, plenarie, integre, honorifice, bene et in pace, sine retinemento seu reuocacione 
quacunque ; Reddendo inde annuatim dictus Johannes et heredes et sui assignati michi 
et heredibus meis vnum denarium argenti in festo Penthecostes super solum dictarum 
terrarum de Strathardill, nomine albe firme, si petatur tantum, pro omni alio onere, 
exaccione, questione, seruicio seculari seu demanda, que de dictis terris cum pertinenciis 
per quoscumque juste exigi poterunt quomodolibet vel requiri : Et ego dictus Alexander 
heredes meique, omnes et singulas prenominatas terras de Strathardill cum pertinenciis 
prefato Johanni, heredibus et suis assignatis adeo libere et quiete, in omnibus et per 
omnia, ut premissum, per omnes terras nostras, annuos redditus, et possessiones, contra 
omnes mortales warantizabimus, acquietabimus, et imperpetuum defendemus : In cuius 
i*ei testimonium sigillum meum huic presenti carte mee est appensum ; testibus, Johanne 

^ See facsimile of original, No. 8. 



APPENDIX. 



72 



Maxwell de Calderwod, milite, Patricio Maxwell dicti Johannis fratre germane, Georgeo 
Graham, Archibaldo Cunyngham, Johanne Eay, Dauid Haye, et dominis Thoma Yreland 
rectore de Weme, et Kanaldo Oely, capellanis, et eciam cum diuersis aliis. Apud Perth, 
decimo quinto die iiiensis Nouembris anno Domini m** cccc° lxxiij°. Quamquidem 
cartam, ac donacionem, concessionem, vendicionem, et alienacionem in eadem contentas, 
in omnibus suis punctis et articulis, condicionibus et modis ac circumstanciis suis quibus- 
cunque, forma pariter et effectu in omnibus et per omnia approbamus et ratificamus, et 
pro nobis, heredibus, et successoribus nostris, vt premissum, pro perpetuo confirmaraus ; 
saluis nobis, heredibus et successoribus nostris, wardis, releuiis, maritagiis, juribus et 
seruiciis de dictis terris ante presentem confirmacionem nobis debitis et consuetis: In 
cuius rei testimonium presenti carte nostre confirmacionis magnum sigillum nostrum 
apponi precepimus ; testibus ut in carta precedents. Apud Edinburgh, vicesimo octauo 
die raensis Nouembris anno Domini m° cccc° Ixxiij, et regni nostri decimo quarto. 

REVERSION by John Stewart of ForthergUl in favour of Silvester Rattray of that Ilk, his sister's Athole 

son, of the Lands of Granycht. Dated 6th December 1474. Charter 

Room. 

Be it kend till all men be thir present letres me Johne Stewart of fforthyrgill to be 
bundun and oblist And be thir present letres and the faith in my body bindis and 
oblisis me myn ayeris and assignais till my derrast sister son Siluester of Kettra of that 
ilk his ayeris and assignays, that quhat tyme the said Siluester his ayeris or assignais sal 
pay to me myn ayeris or assignais the soume of aucht skore of markis of vsuale monee 
of Scotland al togidder and at anis vpon a day betwyx the rysyng of the soun and the 
togangyn of that ilk wythin the parisch kyrk of the burgh of Pertht and vpon the hee 
altar of the samyn but fraud or geile I myn ayris and Eissignais sal frely vpgifi* delyuer 
and resyng in the handis of the said Siluester his ayris or assignais payaris of the said 
auch skor of markis al and haill the landis of Grannycht wyth thar pertinentis Hand in 
the erldom of Atlioil and the schirefdom of Pertht, the quhilkis landis wyth thar perti- 
nentis I haue of the said Siluester be playn charter of alieuacioun and possessioun giffyn 
tharvpoun Sa that 1 myn ayris or assignais possessouris of the saidis landis of Gran- 
nych wyth thar pertinentis beis warnyt be the said Siluester his ayris or assignays in 
my propyr person or in thar propyr personis, or at my duellyng plaice or thar duellyng 
plaicis on fourty days warnyng obefor to the resait of the saidis aucht skor of markis 
and to the giffyn vp of the said landis wyth thar pertinentis, wyth charter, possessioun, 
and al vther wyrtys maid to me be the said Siluester tharvpoun And I myn ayris and 
assignays sal nocht absent me nor thaim fra the resait of the said auch skor of markis 
and the vpgiffyn of the said landis of Grannycht wyth thar pertinentis, the warnyng 
beand maid as said is obefor the quhilk soume of monee beand payt I myn ayris nor 
assignays sal neuer mak forthar claym questioun nor demand in nor to the said landis 
nor to ony pairt of thaim wyth thar pertinentis bot salbe tharfra alvterly excludit And 
to the fulfillyng and kepyng of all and sindry punctis and clausis forsaid to the said 
Siluester his ayris and assignays I Johne oblis me myn ayris and assignays in mast seker 
forme and styill of obligacioun that can be maid but fraud or geile as said is In witnes 
of the quhilk thyng to thir present letres of my Keuersioun I have appeusit my seile 
befor thir witnes, Johne of Eettra son and apperand ayer to the said Siluester llobert 
Maknar Alexr. Gibbonson, schiris Ranald Coly Androv Banaldson and Johne of Kyn- 
montht chaplanis and notar wyth vtheris diuers at Perth the sext day of the monetht of 
December the zer of God a thousand four hundreth sewynti-and-four zeris. 



74 THE STEWARTS OF FORTHERGILL. 



Room. 



DEEDS RELATING TO NEIL (L) OF FORTHERGILL AND GARTH. 

Athole INDENTURE between John Earl of Atholl and Neil Stewakt of Forthergill, whereby the Earl consents to 

Charter- forego his claims to certain tacks and offices held by the said Neil Stewart ; who, on his part, freely engages 

to be ** man " to the Earl, excepting his allegiance to the King and Queen and Earl of Huntly. He also 
agrees to bestow his son and apparent heir, Alexander Stewart, in marriage with the Earl's daughter 
Christian ; and in the event of the decease of Alexander, to give his second son, Neil Stewart, etc., under 
the penalty of 1000 merles, payable by the party violating the Indenture to the other, and 500 merks to 
the King. Dated at Edinburgh, 22nd January 1477. 

Thir endenturis maid at Edinburgh the xxij day of Januare the zere of oure Lorde a 
thousand foure hundrethe sevintj-and-sevin zeris proportis aud beris witness In thame- 
self In forme and effect as eftir folowis that is to say that It is appointit and fully accordit 
betuix ane richt noble and michty lord Jhone Erlle of Athole and lord of Balvany on the 
ta pairt and Neill Stewart of Forthirgill on the tother part anent all questions and 
debatis movit be the said lord Erlle aganis the said Neill And specialy anent the 
desyring of the said Neillis takkis oliicis and rowmis that the said lord Erlle sal neuer in 
tyme cuming laboure nor ger laboure for the takkis nor officis of the said Neillis the 
quhilkis his fader broukit of before in priva nor in apart and sal haue na eye therto in 
tyuie cuming ; for the quhilkis cause and gude lordschip to be done be the said lord 
Erlle to the said Neill, the said Neill has of his awin fre will becuniyn man to the said 
lord Erlle for all the dais of his life, excepping his allegeance and seruice till oure 
Souerane lord the King, the queue, the Chancellare and the Erlle of Huntlee, and sal gif 
to the said lord Erlle his letres of manrent vndir his sele therapone in dene forme incon- 
tynent And the said lord Erlle sal gif the said Neill his letres of mainteinance for all 
the said Neillis lif, in deue forme as efferis : And attour for the said cause and vthiris 
diuerse the said Neill has frely gevyn to the said lord Erlle the mariage of Alexander 
Stewart his sone and apperand aire, to be maryt with Cristiane dochter to the said lord 
Erlle, and falezeing of the said Alexander be decesse or the completing of the said 
mariage with tlie said Cristiane, then Neill Stewart brother germane to the said Alex- 
ander, and secound sone to the said Neill thare fader, sal complete the said mariage with 
the said Cristiane : And falezeing of the said Cristiane be decesse, the said mariage to be 
completit with ony vtheris of the said lord Erllis dochteris lauchefully gottin or to be 
gottyn ; And swa the said mariage alwayis to be fulfiUit and faithfully keepit quhil the 
said lord Erlle has ony dochter or the said Neill a sone lauchefully gottin or to be 
gottin : And falezeing of the said lord Erllis dochteris be dede or disassent It sal be 
leuefull to the said Neill to dispone apon his sonis mariage at his awin fre will, for his 
vtilite and protite : And attour quhen euer the barnis of bathe the parteis foresaid beis of 
laucheful agis the mariage sal God willing be lauchfuUy completit in the visage of hali 
kirk: And within fourty dais next eftir the completing of the said mariage the said Neil 
sal geve and mak to be gevin in junctfeftment to the said Alexander and Cristiane, and 
falezeing therof as said is, to ony vtheris of the said Neillis sonis and the saide lordis 
dochteris, completaris of the said mariage fourtj merkis worth of landis zerely, to thame 
and to thare lyving, and to the airis to be gottyn betuix thame, liand on the south half 
of the monthis in computable placis in deue forme : And gif it misteris ony purchese or 
dispensacions to be gottyn for the completing of the said mariage betuix the said partiis, 
the said lord sal mak the tane half of the expense and the saide Neill the tother half : 
And gif it happinis as God forbede the said mariage to faleze in the said Neillis defalt 
be disassent evill or wantonnes be himself or ony of his sonis gottyn or to be gottyn 
ony maner of wayis bot be auenture of dede alanerly, than the said Neill oblissis him 
and his airis thare landis and gudis in the straitest stile of obligacione to pay to the 
said lord Erlle his airis or assignais the soume of a thousand merkis of vsual moneye of 
Scoitland within fourtj dais, as propir dettis efter that the said Neill or his airis be 



APPENDIX. 



75 



requirit be the said lord Erlle or ony of his dochteris beand of laucheful age to complete 
the said mariage and fulfillis nocht the samyne ; and anent the balezery of Strabrawin 
the said lord has consentit that the said Neill be deput to him incontynent of the said 
balezery vnto the completing of the said mariage, and sal gif the said Neill his letres 
thairapon And at the completing of the said mariage, the said lord sal geve our the said 
balezery to the said Alexander or to ony of the said Neillis sonis that happinis to com- 
plete the said mariage with all profitis and mak the laboure and expense at oure 
Souerane lordis hand thairapon ; and gif it happinis, as God forbede to do, ony contra- 
uersiis or debatis betuix the said lord Erlle of Atholl and the Erlle of Huntlee in tyme 
cuming the said Neill and all that he may lett sal desist and tak na part with nouther of 
the said lordis nor thare partiis : And quhen oure Souerane lord has ony osting in this 
Realme or vtouth, the said Neill with all the folkis that he may gudely be, sail pas and 
remane with the said lord Erlle of Athole and vndir his baner, les than he be chargit in 
speciall seruice be oure Souerane lord the king : And gif the said lord or Neill happinis 
to brek ony of thir appoyntmeutis before writtyn enduryng all the dais of thare lyfis the 
persone that brekkis ony of the said appoyntmeutis sal pay to the party that it is brokyn 
to the soume of a thousand merkis for his costis expenss and scathis and to oure 
Souerane lord the soume of fy ve hundreth merkis within fourty dais efter it be lauch- 
fully preuit before ony Juge spirituall or temporall, in the name of pane for the said 
brek: And that all thir conditions appointmentis before expremit sal be lelely and 
trewly obseruit and kepit athir of the parteis ar oblist till vtheris be the faithis in thare 
bodiis the hali ewangelis twichit: And to the parte of this endenture remanand with the 
said Neill the said lord has set his sele and subscriuit with his awin hand And to the 
parte of this endenture remanand with the said lord Erlle the said Neill has set his 
sele and subscriuit with liis awin hand zere day and place before exprimit before thir 
witness Ser David Lutherdale Archdene of Dunkelden James of Schaw of Sauchy 
Walter Boid of Pettkindy Robert Merser of Balleve Sir Ranald Coly vicare of For- 
thirgill Robert of Boncle and Dauid Merser w ith vtheris diuerse. 

Neill Stewart of fforthirgill.^ 

ABRIDGMENT of Crown Confirmation to Nigel Stewart, son and heir of the late John Stewart of Forther- Registram 
gill, of three royal letters granted to his father and himself during the King's minority, of the Lands of J:"8?.* 
Apnadull, etc. 24th January 1477-78. lSI viiL 62 

Data fuit litera confirmacionis sub magno sigillo super tres literas sub secreto sigillo 
et subscriptione regis in sui tenera etate factas et concessas quondam Johanni Stewart de 
Forthirgill et Nigello Stewart filio suo et heredi, viz., vnani literam super assedacionem 
terrarum doiuiniorum de Apnadull, Glencoith, Glenlioun, Straithbrarne, et Rannach 
.... infra vicecomitatum nostrum de Perth pro termis nouemdecim annorum : aliam 
vero literam de officio balliatus eisdem .... factam de dictis terris .... eciam 
pro nouemdecim annis : terciam vero literam dictis quondam Johanni et Nigello factam 
de feodo et seruiciis eorundem pro nouemdecim annis, de . . . . terris de Rannach .... 
cum proprietate sub se subtenentes substituendi, curias tenendi, etc. : Solvendo 
annuatim dicti quondam Johannes et Nigellus, coniunctim seu diuisim, nobis, recep- 
toribus et intromissoribus nostris firmas et devoria earundem terrarum, prout in nostra 
rentela continetur de data dictarum trium literarum, quarto die mensis Maii anno Domini 
millesimo quadringentesimo septuagesimo tercio, et regni nostri decimo tercio: Quas 
quidem literas ac assedaciones . . . . , vt premissum est, dominus noster rex in etate 
sua perfecta viginti quinque annorum existens, et post suam generalem reuocacionem, 
pro singulari fauore quam gerebat erga dictum Nigellum, approbauit, ratificauit, et pro se 
et successoribus nostris dicto Nigello pro nouemdecim annis proxime et immediate 
sequentibus datam presentis sue confinnacionis duraturas confirmauit .... Apud 

^ See facsimile of origintl, No. 4. 



76 



THE STEWARTS OF FOR THE R GILL. 



Atbole 
Charter- 
Room. 



Acta Dom. 
CoDcilii. 



Ibid. 



Ibid. 



Ibid. 



Edinburgh, vicesimo quarto die mensis Januarii anno Domini millesimo quadringentesimo 
septuagesimo septimo et regui nostri decimo octauo. 

PRECEPT OF SASINE by Andrew Lord Gray for infefting Neil Stewart, son and heir of the late John 
Stewart of Foi-thergill, in the Lands of Eillebrochan. Dated 26th April 1478. 

Vniuersis pateat per presentes nos Andreara Dominum le Gray fecisse constituisse et 
ordinasse prouidos viros Kobertura Menzeis liobertum M*Nar et Alexandrum Gibbonsone 
coniunctim et diuisim hac vice balliuo8 meos adanduin pro nobis et nomine nostro 
Negello Stewart filio et heredi quondam Johunnis Stewart de Forthyrgil saisinam heredi- 
tariam et corporalem ac realem possessionem tocius terre mee de Killebrochane cum 
pertinenciis jacentis in baronia nostra de Langforgound in comitatu Atholie infm vice- 
comitatum de Perth secundum formam et tenorem cuiusdam breuis saisine de capella 
domini nostri Eegis nobis in hac parte directi. Et generaliter ad faciendum omnia et 
singula que nosmet in donacione dicte saisine faceremus seu facere posseraus si presens 
personaliter interessemus ad quod faciendum dictis balliuis nostris coniunctim et diuisim 
do et committo nostram plenariam potestatem ac mandatum speciale per presentes sine 
reuocacione duraturis Et in singnum huiusmodi possessionis per vos traditi sigillum 
vestrum in secunda cauda post nostrum sigillum presentibus debite appendatis In cuius 
rei testimonium sigillum nostrum presentibus est appensum Apud Foullis vicesimo sexto 
die mensis Aprillis anno Domini millesimo quadringentesimo septuagesimo octauo. 

ACTION between Neil Stewart and Walter Lord Innbrmeath. October 7, 1478. 

Anent the Somme of iiij" xiij kye, Eecouerit before be vmquhile Johne Stewart of 
Forthergille, apone Walter lord of Inuermeth, be Reson of ane obligacion and now per- 
seuit be Neile Stewart and Maister James Stewart apone the said Walter, the Lordis 
decernis the said Walter quite of the clame and chalance of the saidis Neile and Maister 
James of the said soume of iiij'" xiij kye because the said vmquhile Johne and Neile 
nouther past nor war chargit to pas with the said Walter til ony Journay in borg for the 
quhilk the said vmquhile Johne dischargit and quiteclemyt the said Walter of the said 
kye as was schewin be a contract and acquittance, subscribit of the command and be the 
proppre hand of the said Johne producit before the Lordis. 

ACTION between Neil Stewart and James Suaw of Sauchy. July 10, 1480. 

The lordis of Counisaile decretis and deliueris that Neile Stewart son and air to 
vmquhile Johne Stewart of Forthirgill, sail content and pay to James of schaw of sauchy, 
the soume of ij hundreth merkis quhilks the said vmquhile Johne Stewart Eesavit fra the 
said James in pairt of payment of the Soumne of thre hundreth merkis for the mariage 
of John Stewart of garnetuly efter the forme of certain endenturis And also that the sayd 
Neile sail deliuer again to the said James the obligacioune that the said Johne his fadder 
had of the hundreth merkis Remanent of the said thre hundreth merkis contenit in the 
said endenturis, and that our souuraign lordis lettres be direct hereuppone. 

ACTION between Neil Stewart and John Moncreiff of that Ilk. November 5, 1490. 

The lordis of consale decrettis and deliueris that John of Moncrief of that Ilk sail con- 
tent and pay to Neil Stewart of forthorgill the somme of fourtj li. vsuale money of Scotland 
aucht to the said Neil be the said Johne be his obligacione vnder his sele schewin and 
producit before the lordis And ordinis our Souerane lordis lettrez be direct to distrenze 
the said Johne his landis and gudis herfore and the said John wes summoned to this 
accioun oft tymes callit and nought comperit. 

ACTION between Neil Stewart and Robert Mekzies of Enoch. June 19, 1494. 

The Lordis of Consale decrettis that neil Stewart of forthirgill dois wrang in the 
occupacioune and Intromitting with the landis of dailry and of the toft and croft callit 



APPENDIX. 



77 



candois croft wilh the pertinentis and theifore ordinis him to decist and cese therfra ay 
and quhill he be lauchfuUy entrit thereto to be broikit and manurit be robert Menzies of 
Ennoch quhil the entre of the lauchful are therto. And attour decrettis and deliueris that 
the said Neil sail content and pay to the said Robert Menzies the sonune of thre libs, a 
boll of ber and a wedder zerely of vii zeris malez and profittis of the saidis landis and 
vi li. of gersoume of the samyn landis be the said space of vij zeris takin vp and Intro- 
niettit with be the said Neill as wes sufficiently previt before the lordis. And ordinis that 
lettrez be writtin to devoid and red the said landis and to distrenze for the said somrnez 
and the said Neil was present at this actioune. 

Amongst the MSS. in the Advocates' Library there are miscellaneous collections by 
Macfarlane and others. In No. 35. 4. 8. the following entry occurs, p. 434 : *' Bond of 
Manrent by Neill Stewart of Forthyrgyl for all the dayis of his life to Laurence Lord 
Oliphant to ryd and gang with all his men, kyn and freinds that he can purchase in 
defence of the said Lord against all Men except the King and the Lords of Huntlie. 
Befor James Oliphant of Arquhalze .... 1488." 

BAND with Neill Stewaet of ForthergiH.* From the 

This endentur, made at Edinburgh the xv day of October, the yere of God B^nd^g"^ 
M iiii« Ixxxviii yeris .... proportis .... as it is appontyt .... betuix etc. etc., 
honorable men, Duncain Campbell of Glenlurche on the ta parte, and Neill Stewart of * Vt«nyii>c 
Fortorgell on the tother parte, in maner .... as after folowis; that is to say, the ofG^enur*-"' 
said Duncain Campbell sail nocht in tynie tocum .... distruble the said Neill in quhay.'* 
his takis, stedingis, kirkis, teyndis, proffitis .... landis nor gudis be ony maner of 
way, nouther in the law nor by the law, nor yit sail nocht tak uther takis, stedingis, 
malingis, teyndis, officis, bowndis, nor rowmys, ony maner of way, enduring all the dayis 
of thair lifies, and in speciale thir landis and kirk pertening to the said Neill; that is to 
say, appildul Eannauch, Glenloch, Strathardill, Strabrawn, and the Kirk of the Dull, and 
richtsa the said Neill, sail nocht in tyme tocum ony maner of way .... distruble 
the said Duncain in his takis, stedingis, kirkis, teyndis, profittis .... landis nor 
gudis, in the law nor by the law .... and in speciale in thir landis .... that 
is to say, Dischour Twouour Glendocher, Glenlyoun, and Glenqucha, and to stand in 
awfald kyndnes .... and help to uthers in tyme tocum .... and at the said 
Neill Stewart sail frely oure gif to the said Duncain Campbell the landis and bailyery of 
the landis of Glenlyoun, and neuer in tyme tocum sail intromet therewith, nor yit tak 
the samyn. And iulikewiss the said Duncain Campbell sail gif oure to the said Neill 
Stewart the takis that he has of the Kirk of Dull, to^idder witht the takis and officis of 
bailyery and feis of the Rannauch appilduU Glenqoch. For the ourgeving of the quhilk 
kirk, takis, officis, and landis .... the said Neill sail content and pay to the fore- 
said Duncain, his ayeris and assignais, the sovme of ane hundreth pundis .... money 
of Scotland at thir termes .... fifty pundis at the feist of Sanct Androwmess nixt 
.... and uther fifty pundis .... at the feist of the assumptioun of our Lady 
Callit the first Marymess nixt ; and als Colin Erie of Ergile, Lord Lorn and Chaucellere 
of Scotland, and George Erie of Huntle, ar bundin, be the faith of thair bodis, uthir to 
uthiris, that quhilkis of the foresaidis .... Duncain or Nele brekkis in ony of thir 
foresaidis appoyntments .... that thai sail .... tak ane awfald parte with 
the partii kepar again the partii brekar .... and .... baith the saidis 
Duncain and Nele has interchangeable sett to thare selis and subscriuit the sammyn 
with thair awin handis, the quhilkis appontmentis aboun writtin was gevin furth be the 
mouth of the foresaidis lordis this day, and has subscriuit this present endenturis, with 
their awin handis, day, yere, and place abone writtin ; and attour, the said Duncain sail 

' Dnncan CanipbeU of Glenurchay, who is a party to the foUowiuff "Band,*' wa4 the second laird of Glen- 
urchay, having succeeded his father Colin, the^r«^ laiitl, in 1480. He was killed at Plodden the 9th September 
1513, as was also the Earl of Argyle, one of the sureties in the Band. Neill Stewart of Forthergill, the other 
party to the Baud, was the son of John Stuart of Fortbei^gill. He died in 1499. 



78 



THE STEWARTS OF FORTHERGILL. 



Registruni 

Sigilli, Lib. 
xiii. 178. 



Acta Domi- 
norum Con- 
cilii, Vol. 
viii. fol. 156. 



Ibid., Vol. 
U. fol. 2 b. 



mak the said Neill sicker in the said kirk for als mony yeris, as he has the sammyn of 
the priour of Sanctandris, gif the said Neill can nocht uptene the said priour s fauoris. 

Duncan Campbell of Glenurquhay. 

ABRIDGMENT of Crown Charter to Neil Stewart of Forthorgill, and Elizabeth Stewart, his spouse, of 
the Bordlands of Forthergill, etc., in the Barouy thereof. 22nd August 1495. 

Jacobus Dei gracia rex Scotorum .... Sciatis nos dedisse .... confirraasse 
dilectis nostris Nigello Stewart de Forthirgill et Elizabeth Stewart eius sponse et ipsorum 
alteri diutius viueuti, in coniuncta infeodatione oinnes et singulas terras de le Bordland 
de Forthirgill, terras de Tulichnmlin, terras de Artraskat, Druramacharry et Ewquliirblaris 
.... in baronia de Forthirgill, infra vicecomitatum de Perth, que quidem terre cum 
pertinenciis fuerunt dicti Nigelli in feodifirraa hereditarie, et quas idem Nigellus non vi 
aut metu ductus .... in manus nostras apud Striueling .... resignauit, ac 
totum jus et clameum que in dictis terris cum pertinenciis habuit seu habere potuit pro 
se et heredibus suis omnino quietclamauit imperpetuum : Tenendas et habendas omnes et 
singulas terras .... predictas .... dictis Nigello et Elizabeth sponse sue et 
eorum alteri diutius viuenti in coniuncta infeodacione et heredibus inter ipsos legitime 
procreatis seu procreandis, quibus deficientibus, legitimis et propinquioribus heredibus 
dicti Nigelli quibuscunque, de nobis et successoribus nostris in feodifirma et hereditate 
imperpetuum, per omnes rectas metas .... in omnibus et per omnia sicut dictus 
Nigellus aut predecessores sui prefatas terras cum pertinenciis de nobis aut predecessoribus 
nostris ante presentem resignacionem nobis inde factam liberius tenuib, etc. : Faciendo 

inde annuatim dicti Nigellus et Elizabeth eius sponsa et ipsorum etc nobis 

et successoribus nostris jura et seniicia de dictis terris cum pertinenciis ante prefatam 
resignacionem nobis debita et consueta: In cuius rei testimonium huic presenti carte 
nostre magnum sigillum nostrum apponi precepimus ; testibus vt in secunda carta pre- 
cedente. Apud Striueling, vicesimo secundo die niensis Augusti, anno Domini millesimo 
quadringentesimo nonagesimo quinto, et regni nostri octauo. 

ACTION against the Sheriff of Perth and others, including Neil Stewart of Forthergill. 

28rd January 1498-99. 

In the accione and causs persewit on the behalf of the Kingis hienes againis Wilziame 
of Iluthven son and apperand air til Wilziam lord Kuthven Sherif of Perth Johne Lord 
Drummond Stewart of Stratherne Archibald Edmonston of Duntreith Stewart of Monteath 
Duncane Campbell of Glenverquhay bailze of dischir teyere and apnadoU and Neil Stew- 
art of Forthirgill quhilkis wair callit for the inbringiug of our sowerain Lordis extractis 
of the justice aire of Perth and quhilk of thame sould be dettoure ffor the inbringin of 
the samyn within ilk ane of thair aven boundis like as it at mair length contenit in the 
summondis thairapone. The sadis Wilziam of Euthven Sherif of Perth and Johne lord 
Drummond Stewart of Stratherne being personally present, the Lordis continewis the 
sadis summonds til the xxx day of May instant with continuatione of dayis in the 
samyn forme force and effect as it is now but prejudice of party and ordains that lettres 
be writtin to call the Stewart of Monteath the bailze of Discher and teyere and Nele 
Stewart bailze of Forthirgill and all vtheris havand interes in this mater til compear the said 
day with continuatione of days, and at the sadis ofhciaris til bring with thame al richtis 
and evidentis as thay vse agains the sade day, that it may be sene and considderit be thame 
quhilk of thame aucht til inbring the vnlauis amerciamentis extractis of the justice airis 
of Perth and quhilk of thame suld be dettoure til the Kings heynes ffor the inbringin 
thairof, and the sadis William Euthven and Johne Lord Drummond thairof apud acta. 

ACTION hy Neil Stewart of Forthergill against John £arl of Athole, in regard to the Lands of Granycht 

13th January 1499. 

^ . . . . e and caus persewit be Nele Stewart of ... . son and aire to vmquhile 

^ The blanks are occasioned by the decayed state of the Record. 



APPENDIX. 



79 



Jhone Stewart of ... . anis Jhone erle of Athole and Jhone of .... as aire 
to vmquliile siluester Bettra .... say the sade Jhone erle of Athole ffor the 
wrangus vexing and troubling of the sade Nele Stewart .... peceable possessione 
and broiking of the landis of Gran .... with the pertinence Hand in Athole and 
Scherefdome of Perth .... costis skathis and dampnage and expensis sustenit be 
the said .... And the sade Jhone of Bettra as aire forsaid to warrand .... 
acquiet and defend to the sade Nele Stewart and his ayeris the sadis landis with the 
pertinentis lik as is at mair lenth contenit in the summondis thairvpoune The sade 
Neyle comperand be Dauid balfoure of caraldstoun his procuratour and the sadis Jhone 
erle of Athole and the sade Jhone of Rettra being lauchfuUy sunnnound to this actione 
oft tymez callit and not comperit The sade Neles Richtis Ressonis and allegationis herd 
sene and vnderstand. The lordis of ... . decretis and deliueris that ftbr ocht thai 
haf zit sene the saide Jhone erle of Athole sal deceast and ceis [fra] al vexing and troubling 
of the sade Nele in the .... broiking and loising of the sade landis graneich to be 
and .... Jhone Rettra as aire to the sade Siluester sal ... . acquiet and 
defend the sade landis of graneich with the pertinence to the sade Nele and his ayeris 
efter the .... the sade vmquhile Siluester Charter and .... Saising 
made to vmquhile Jhone Stewart Nele and to the sade Nele and his ajrris schawin and 
producit be ... . assignis to the Nele Stewart the xxvj .... to cum 
with continuatioun of Dais til preif sufiicienMie that the sade Jhone erle of Athole hade 
vexit and troublit the sade Nele in the peceable brooking and loising of the sadis landis 
and the avale and quantitie thairof and be quhat space and the costis skathis and 
expenses sustenit be him and haf letres til sumond his witnesses and that the pairty 
Jhone erle of .... of this continuatione and here the witnes sworne and .... 
and continewis that part .... samyne forme force and effect as it is ... . 



DEEDS RELATING TO NEIL (II.) OF FORTHERGILL, GARTH, Etc., Died 1554. 

ACTION by the Crown against John Earl of Athole and Neil Stewart of Forthergill. 26th November 1500. Acta Donii- 

, uoniin Con* 

In the actione and cans persewit on the behalff of the Kingis hienes aganis Jhone ciiii, Vol. 
erle of Athole and Nele Stewart son and air til vmquhile Neile Stewart of forthergill for *^ f- i^*- 
the wrangus withhaldine fra the Kingis hienes that is to say the sade Jhone erle of 
Athole of xx*y merkis zerelye for the forest of Clevny be the space of xix zeris bigane 
and als the said Nele Stewart for the wrangus withhaldine fra his grace of the sovm xx"- 
zeirlye for the landis of the Rauok Auchinvad and Drunitimlok bo the spece of xxiiij 
zeris like as is at mair lenth contenit in the summondis thairapoun Maister James 
Henresone compemnd in the belialf of the Kingis hienes Thomas Kere comperand as 
procuratour for the sade Jhone erle of Athole and Ewin Cunessone comperand as pro- 
curatour for the sade Nele Stewart. The lordis of Counsale with consent of the said Maister 
James and the sade procuratour of Jhone erle of Athole contenewis that pairt of the 
summondis concernyng him till the xvj day of Januar next tocura with continewation of 
dais in the sammyn forme force and eflect as it is now but preiudice of partj and the 
partijs be thair procuratouris ar warnit heirof apud acta And attour the lordis decretis 
and deliuers that the sade Nele Stewart sail deceist and ceiss of the taking and intra- 
metting of the malis and proffittis of the landis of Rannach in tyme tocum Becaus the 
assedationis thairof producit be the procuratouris of the sade Neile vnder our souerane 
lordis grot sele and termez thairof ar outrunnyn and endit efter the forme and tenor 
of the sammyn schawin and producit before the lordis To be broikit and ioisit be the 
Kingis hienes as his propirtie in tyme tocum And that thairfore the lordis of Counsale 
Decretis and deliuers that the sade Nele Stewart sail content and pay til the Kingis 
hienes the sovm of xx**- vsuale money of Scotland zeirely and ilk zere be the space of 
viij zeris last bigane fibr the malis and profiQttis of the saidis landis .... as was 



8o THE STEWARTS OF FORTHERGILL, 

sufficientlie vnderstand til the sadis lordis and als decretis and deliuers that the sade 
Nele Stewart sail content and pay til the Kingiahienes the sovm of five li. vsuale money 
of Scotland for the malis and proffittis of the sade landis of Drumfyn and Drumfastill 
be the space of ane zeire as was in likewis sufficientlie vnderstand til the sadis lordis 
And als becaus it was allegit be Ewin Cunessone as procuratour for the sade Nele that the 
sade vmquhile Nele Stewart his fader occupyit nocht the landis of Auchinvad be the 
space of X zeris bigane Thairfore the lordis assignis til the sade maister James in our 
souerane lordis name as advocat forsaid the xvj day Januar next tocura with continuation 
of dais til preif sufficientlie the occupation vptaking and withhalding of the malis and 
proffittis of the sadis landis and the avale and quantitie thairof and be quhat space and 
ordanis him to haf letters to call his witnes and sic probationis as he wil vse agane the 
sade day and contenewis the Remanent of the punctis of the summondis in the mene 
tyme in the sammyn forme force and effect as it is now but preiudice of partj and the 
partijs be thame selffis and thair procuratouris ar waruit heirof apud acta. 

Acta Domi- ACTION by Robert Menzies of Enoch against Neil Stewart of ForthergiU. 15th March 1500. 

cilii, f. 23. .... the lard of Caraldstone as forspekar for Nele Stewart the son and are of 

vmquhile Nele Stewart of forthergill askit ane instrument he might say aganis the exe- 
cutione made be ... . Schereff in that pairt seniitour till the lard of Ennoch 
-. quhen and quhare It effers he being ewer summond. 

In the actione and cause persewit be Eobert Mynzeis of Ennoch aganis Nele Stewart 
the son and aire of vmquhile Nele Stewart of Forthergill and to here and see the sade 
Nele as aire forsaid decernit and ordain till content and pay til the sade Eobert the 
sovm of fourtj merkis vsuale money of the Realm like 8ts is at mair lenth contenit in 
the summondis thairuppoun The sadis partijs being personalye present thair Eichtis 
Eessonis allegationis herd sene and vnderstand and thairwith being Eiple avisit The 
lordis of consale decretis and deliueris that the sade Nele the son and aire of vmquhile 
Nele Stewart of forthergill as aire forsaid sail content and pay til the sade Eobert 
the sovm of fourtj merkis vsuale money of Scotland of the Eest of ane maire sovm 
obtenit be him vpoun the sade vmquhile Nele for the wrangus occupatione of his 
lands of Dairy with the pertinentis efter the forme and tenour of ane decreit gevin be 
the lordis of Consale thairuppone schawin and producit before the lordis and ordains our 
souerane lordis letteris be direct to compell and distrenzie him his landis and guidis 
thairfore. 

Ibid., Jhone erle of Athole is becumming pleg and souerte for Nele Stewart the son and 

xvij Mercij aire of vmquhile Nele Stewart of forthirgill that Eobert Mynzeis of the ennoch salbe 
[1500], f. 29. ijarmeles and skathles of him and all that he may lat but fraud or gile vnder the pain of 
v^ merkis as he fand of befor til the scheref and protestis that he be dischargit thairof 

Alexr lord Gordoun is becummyn pleg and souerte for Malcum Stewart and Johne 
Stewart sons til vmquhile Nele Stewart that Eobert Mynzeis of the ennoch salbe harmeles 
and skathlis of him and al that he may lett but fraud or gile vnder the pain of j*^ li. for 
ilk persone. 

Ibid., robert lord Creichton of the sanquhar is becumming pleg and souerte for robert 

xxij Marcij Myiizeis of ennach that Nele Stewart of forthergill salbe harmles and skathlis of him and 
[1600], f. 61. j^ii \^^^ ije ujj^y ig^ tut fraud or gile vnder the pain of v® merkis and the said robert 

mynzeis is bound til Eeleif and kep the sade lord harmelis and skathlis of the sovm 
abonwrittin and .... 

Eobert lord creichtone of the Sanctquhar is becummyn pleg and souerte for robert 
mynzeis of ennach that malcum Stewart and Jhone Stewart sons til Nele Stewart salbe 
harmlis and skathlis of ... . and al that thai may let but fraud or gile vnder the pain 
of j*^ li. for ilk person and the sade robert mynzeis is bound til keip the lord skathlis of 
the sade sovm. 



APPENDIX. 8 1 

robert mynzeis of ennach is becuramyn pleg and sourete for Jhone the mynzeis Ins AcU Domi- 

brother that nele Stewart of forthergill Jhone Stewart and malcome Stewart sonis salbe cUH^'xxii^" 

harmeles and skathlea of thaim and al that thai may let but fraud or gile vnder the pain Maroij 

of iij*^® li. for his brutlier and for ilk ane of the tother there j*' li. [I500],f. 52. 

ACTION by James Stewart, brother of the late Neil Stewart of Forthergill, against Alexander Stewart, Ibid , f. 56. 

brother of Thomas Stewart of Grantully. 23rd March ir.OO. 

In the actione and caus persewit be maister James Stewart binithir germaine til 
vmquhile Neile Stewart of forthirgill aganis Alex' Stewart bruthir germane till vmquhile 
Thomas Stewart of garnetuly and agues murray the spous of the sade vmquhile Thomas 
ftbr the wrangus occupatione laubouring and manuring be him selff and his factouris of 
the landis of Petcarne Hand in the lordschip of ApnaduU and Scherefdome of perth like 
as is at mair leuth contenit in the sumniondis thairapoun The sade maister James being 
personaly present and the sadis Alex' and agues his Spouse being lauchfuUy summond to 
this actione oftymez callit and nocht comperit The sade maister James Richtis 
Kessonis allegationis herd sene and ynderstand and thairwith being riple avisit The 
lordis of consale decretis and deliueris that for ocht thai haf zit sene the sadis Alex' and 
agues his spous sail deccist and ceiss fra all occupatione laubouring and manuring of the 
sadis landis of petcarne To be Broikit and loisit be the sade Maister James Stewart 
for al the dais of his life in tyme tocum efter the forme and tenor of his charter and 
instrument of possessione thairapone schawin and producit before the lordis and 
assignis til the sade Maister James the xvij day of July next tocum with continuation of 
dais til preif sufficientlie the avails and proflittis of the sadis landis that he micht haf 
haid of the sammyn and the availe and quantite thairof and be quhat space and ordanis 
him til haf letteris to call the witnes that wer summond and comperit nocht befor be 
summond vnder greter panys and maa witnes gif he plesis and contenewis that part of 
the summondis in the menetyme in the sammyn forme force and effect as it is now but 
preiudice of partj and the partijs be wamit of this continuation til here the witnes 
sworne. 

ACTION by the Crown against Neil Stewart of Forthergill and others. 26th June 1501. Ibid. , f. 128. 

In the actione and caus persewit on the behalff of the kingis hienes aganis Neile 
Stewart of forthirgill Donald makwele Alex' mahade Robert makcolmes Alex' makylvaue 
Donald makylvane and bris m*anedow ffor the wrangus occupatione and manuring of 
the landis and barony of Cammissarny with thair pertinence Hand in the scherefdome of 
perth like as is at mair lenth contenit in the summondis thairuppoun The kingis hienes 
comperand be maister James Henreson his advocat and the sadis personis being wamit 
hereto be thaim self and thair procuratouris apud acta oft tymes callit and nocht com- 
perit The kingis hienes Kichtis Ressonis allegationis herd sene and vnderstand and 
thairwith being Riple avisit The lordis of consale and of chekker decretis and deliueris 
that for ocht thai haf zit sene the sade Neile and the personis abonewritin sail deceist 
and ceiss fra all occupatione laubouring and manuring of the landis and barony of com- 
misamay and thairfore ordanis thaim til deceist and ceiss tharefra in tyme tocum To be 
broikit and loisit be the kingis hienes and quham that he has disponit the sammyn to 
and ordanis that letteris be direct til dered the saidis personis of the sadis lands 
thairapone. 

PROTEST by Mr. James Stewart regarding the Lands of Petcarne. 6th Jnly 1501. Ibid., f. 187. 

Maister James Stewart Neile Stewarts bruther comperit and protestit that agnes 
murray lady of gemetuly and Alex' Stewart bruther germain til vmquhile Thomas 
Stewart of gemetuly to heire and see ane contract and decret gevin be the lordis of 
consale at Edinburgh the xxiij day of march The zeire of god 1" v^ zeris Decemand 
that fibr ocht the lordis had sene that the sadis Agnes and Alex' Stewart sail deceist 



82 



THE STEWARTS OF FORTHERGILL. 



Acta Domi- 
nomm Con* 
cilii, July 
21, [1501,] 
f. 157. 



and ceiss fra al occupa[tione] laubouring and manuring of the landis of petcame liand in 
the lordschip of apnaduU and scherefdora of perth and for certane vtheris punctis and 
wald nocht compere til follow him That thairfore, etc. 

Anent the terrae assignit be the lordis of consale to maister James Stewart bruther 
gennain til vmquhile Neile Stewart of forthirgill aganis Alexander Stewart bruthir ger- 
mane til vmquhile Thomas Stewart of gemetuly and agues muiray the spouse of the 
sade vmquhile Thomas til preif sufficientlye the avalis and proffittis of the landis of pet- 
carne that he micht haf had of the sammyn and the availe and quantity thairof and be 
quhat space and ordanis him til haf [letres] to cal his witnes and sic probationis as he wil 
vse again the sade day as is at maire lenth contenit in the decret thairapone of before The 
sade maister James being personaly present and the sade agnes comperand be maister 
Thomas allane hir procuratour The lordis contenewis the sade decret Togidder with 
that part of the summondis thairapone till the thrid day of August nixt tocum with 
continuation of dais in the sammyn forme force and effect as it is now but preiudice of 
partj and ordanis the deposition of the witnes now takin in this mater be closit quhil the 
sade day and als that he haf letteris to call the witnes that war summond of before and 
comperit nocht be summond vnder greter panys and maa witnes gif he plesis and the 
partijs and thair procuratouris are warnit heirof apud acta. 



A thole 
Charter- 
Room. 



INSTRUMENT of SASINE in favour of Neil Stewart, son and heir of the late Neil Stewart of Forthergill, of 

the Lands of Forthergill, etc. Dated 5th June 1500. 

In Dei nomine Amen Per hoc presens publicum instrumentum cunctis pateat 
euidenter quod Anno incarnacionis dominice millesimo quingentesimo mensis vero Junii 
die quinto Indiccione tercia Pontificatus sanctissimi in Christo patris et domini nostri 
domini Alexandri diuina prouidencia Pape sexti anno octauo In mei notarii publici et 
testium subscriptonim presencia personaliter constitutus honorabilis vir Nigellus Stewart 
de forthirgile filius et heres quondam Nigelli Stewart de Forthirgile Quoddam preceptum 
saisine honorabilis viri Wilelmi Rothwen vicecomitis de Pertht in papiro scriptum sub 
signeto officii dicti vicecomitis presentauit discreto viro Thome Chessem in dicto precepto 
principaliter nominato Quiquidem Thomas dictum preceptum reuerencia qua decuit 
recepit mihique notario publico subscripto tradidit perlegendum cuiusquidem precepti 
tenor sequitur et est talis Wilzame of Eothwen schiref of Pertht to Thomas Chessem ane 
of the maris of the said schiref dome gretting fforsamekle. as thar is present to me ane 
brefe of seissing of oure souerane Lordis chapele be Neile Stewart sone and aire to 
vmquhile Neile Stewart of Forthirgyll to gif seissing to the said Neile as aire to his said 
fader of the landis of Forthirgile Petdorne Tulequlieran and Dalnagardyne with the 
pertinence liand within the schirefdome of Pertht quhilkis vraquhyll Neile Stewart the 
said Neilis fader deit last westit and seissit as of fee at the faith and peis of the king 
Quharfor I charge zow in oure souerane Lordis uaim and myn that ze pass incontinent to 
the forsaidis landis with thar pertinencis and at ze gyf seyssing of the samyn to the said 
Neyll or his certane actornay richtwisle but delay saiffand all maunis richtis Takand 
securite for the payment of xxx^^ sex pundis for the dowbilling of the fewferm of the 
said landis of Forthirgyll and of fiff merkis for the releif of the saidis landis of Petdorne 
And of tuelf pundis for the releif of the landis of Tulequheran and Dalnagardyne aucht 
to oure souerane Lord tharof And this one na wiis ze leif vndone vnder all pane and 
charge that eftir may follow Writtin vnder the Signet of my Office at Pertht the secund 
day of Junii the zere of God ane Thousand fyf hundreth Quoquidem precepto capto et 
perlecto prefatus Nigellus Stewart requisiuit dictum Thomam Chessem idem preceptum 
debite executioni mandare dictus vero Thomas statim accessit ad predictas terras de 
Tulequheran necnon et Dalnagardyne successiue jacentes infra vicecomitatum de Pertht 
Ibique virtute huiusmodi precepti tradidit prenominato Nigello Stewart statum saisinam 
et possessionem hereditariam dictarum terrarum de Tulequheran et Dalnagardyne cum 
vniuersis suis pertinenciis per terre et lapidis tradicionem et domoiiim inclusionem vt 
moris est et hoc secundum formam et tenorem Carte desuper confecte Super quibus 



APPENDIX. 83 

omnibus et singulis dictus Nigellus Stewart a me notario publico subscripto sibi fieri 
peeiit vnum vel plura publicum seu publica instrumentum seu instrumenta Acta erant 
hec in villis de Tulequherain et Dalnagardyne hora vndecima ante meridiem vel eocirca 
sub anno mense die indiccione et pontificatu quibus supra Presentibus ibidem discretis 
viris Patricio Murray in Blaittoun Johanne Stewart in Mare Jacobo Makay, Eoberto 
Stewart Jacobo Stewart ffinlao Makgibboum Johanne Makewyne Makgillereouth Johanne 
Harp Thoma Dog in Dalnagardyne Johanne Malleouch et Duncano Makgillecallum cum 
diuersis aliis testibus ad premissa vocatis pariter et Rogatis. 

Et ego Henricus Walcare presbiter Dunkeldensis Diocesis publicus sacra apostolica 
autoritate Notarius Quia predictarum saisinarum de Tulequherain et Dalnagardyne 
tradicioni ceterisque premissis omnibus et singulis dura sic vt premittitur dicerentur 
agerentur et fierent vnacum prenominatis testibus presens interfui Eaque omnia 
et singula sic fieri vidi sciui et audiui ac in notam sumpsi Ex qua presens publicum 
Instrumentum manu mea scriptum exinde confeci Signoque et subscripcione 
nomine et cognomine meis solitis et consuetis signaui et subscripsi liogatus et 
requisitus in fidem et testimonium veritatis omnium et singulorum premissorum. 

PRECEPT OF SASINE in favour of Neil Stewart of ForthergiU in the Lands of KilUbrochan, etc. Athole 

Dated 8rd November 1600. Charter- 

Andreas Dominus Gray ac dominus Superior terrarum de Kilbrouchane estir borannich 
et Westir borannich cum pertinenciis jacentium in comitatu de Atholl et infra vice- 
comitatum de Perth Dilectis meis Thome Wardropar et Thome Gray coniunctim et 
diuisim balliuis meis in hac parte specialiter constitutis Salutera Quia clare constat mihi 
quod quondam Nigellus Stewart de Forthirgill Pater Nigelli Stewart de Forthirgill latoris 
presencium obiit vltimo vestitus et sasitus vt de feodo ad pacem et fidem Supremi domini 
nostri Regis de omnibus et singulis predictis terris de Kilbrouchane estir Borannich et 
Westir Borannich cum pertinenciis Et quod dictus Nigellus est legittimus et propinquior 
heres eiusdem quondam Nigelli patris sui de eisdem terris cum pertinenciis Et quod est 
legittime etatis et quod de me tenentur in capite vobis igitur et vestrum cuilibet 
coniunctim et divisim firmiter precipio et mando quatenus visis presentibus indilate 
statum sasinam hereditariam et possessionem corporalem omnium et singularum prefa- 
tarum terrarum de Kilbrouchane estir Borannich et Westir Borannich cum pertinenciis 
predicto Nigello Stewart vel suo certo actornato latori presentium juste haberi faciatis et 
deliberetis secundum tenorem sui infeofamenti quod inde habet jure saluo cuiuslibet et 
hoc nullo modo omittatis Ad quod faciendum vobis et vestrum cuilibet in hac parte 
meam plenariam et irreuocabilem teuore presentium committo potestatem In cuius Kei 
Testimonium Sigillum meum presentibus est appensum Apud Edinburgh tercio die mensis 
Nouembris Anno Domini millesimo quingentesimo. 

INSTRUMENT of SASINE in favour of Neil Stewart of ForthergiU of the Lands of KilUbrochan, etc Athole 

Dated 15th April 1501. Charter- 

In Dei nomine Amen Per hoc presens publicum instrumentum cunctis pateat euidenter 
Quod anno incarnacionis dominice millesimo quingentesimo primo mensis vero Aprilis 
die decimoquinto indiccione quarta Poutiiicatus Sanctissimi in Christo patris et domini 
nostri domini Alexandri diuina prouidencia pape sexti anno nono In mei notarii 
publici et testium subscriptorum presenciis personaliter constitutus honorabilis vir 
Nigellus Stewart de Forthirgyll filius et heres quondam Nigelli Stewart de Forthirgill 
Quoddam preceptum saisine nobilis et potentis domini Andree Domini Gray in pergamino 
scriptum proprio sigillo ipsius nobilis domini cera rubea albe impressa cum pendula per- 
gaminea impendente sigillatum presentauit prouido viro Thome Wardropar balliuo in hac 
parte specialiter constitute debita cum instancia ipsum requirens quatenus ad execu- 
cionem huiusmodi precepti indilate accederet Quodquidem preceptum Idem Thomas 



Room. 



84 THE STEWARTS OF FORTHERGILL. 

Wardropar reuerencia qua decuit recepit et michi notario publico subscripto perlegendum 
tradidit cuius tenor sequitur de verbo in verbum est talis Andreas . Domiuus Gray ac 
dominus Superior terrarum de Kilbrouchane Estir Borannicht et Westir Borannicht cum 
pertinenciis jacentium in Comitatu de Athol et infra vicecomitatum de Pertht dilectis 
meis Thome Wardropare et Thome Gray coniunctim et diuisira balliuis meis in hac parte 
specialiter constitutis sahitera Quia clare constat michi quod quondam Nigellus Stewart 
de Forthirgill pater Nigelli Stewart de Forthirgill latoris presencium obiit vltimo vestitus 
et saisitus ut de feodo ad pacem et fidem supremi domini nostri Regis de omnibus et 
singulis predictis terns de Kilbrouchane Estir Borannich et Westir Borannich cum per- 
tinenciis Et quod dictus Nigellus est legittimus et propinquior heres eiusdem quondam 
Nigelli patris sui de eisdem terris cum pertinenciis Et quod est legittime etatis et quod 
de me tenentur in capite vobis igitur et vestrum cuilibet coniunctim et diuisim firmiter 
precipio et mando quatenus visis presentibus indilate statu m saisinam hereditariam et 
possessionem corporalem omnium et singularum prefatarum terrarum de Kilbrouchane 
Estirborannich et Westirboranuich cum pertinenciis predicto Nigello Stewart vel suo 
certo actomato latori presencium iuste haberi faciatis et deliberetis secundum tenorem sui 
infeofamenti quod inde habet Jure saluo cuiuslibet et hoc nullo modo omittatis Ad 
quod faciendum vobis et vestrum cuilibet in hac parte meam plenariam et irreuocabilem 
tenore presentium committo potestatem In cuius rei testimonium sigillum meum pre- 
sentibus est appensum Apud Edinburgh tercio die mensis Nouembris Anno Domini 
millesimo quingentesimo Post cuiusquidem precepti presentacionem receptacionem lectu- 
ram et in vulgari per me notarium subscriptum exposicionem Prefatus Thomas Wardropare 
balliuus ut supra personaliter accessit ad terras de Kilbrouchane antedictas Ibique virtute 
prenominati precepti prefato Nigello Stewart de Forthirgyll statum saisinam hereditariam 
et possessionem actualem et corporalem omnium et singularum predictarum terrarum de 
Kilbrouchane cum pertinenciis super solum earundem per terre et lapidis tradicionem et 
imposicionem et inclusionem in quadam domo de Kilbrouchane igne eiusdem penitus 
extincto secundum tenorem sui infeofamenti Saluo Jure cuiuslibet vt moris est tradidit 
dedit ac vtique deliberauit demum depost Idem Thomas Wardropar eciam accessit ad 
antefatas terras de Estirborannich et Westirboranuich Ibidemque eidem Nigello Stewart 
statum saisinam hereditariam et possessionem corporalem dictarum terrarum de Estir- 
borannich et Westirboranuich cum pertinenciis per terre et lapidis tradicionem super 
solum earundem similiter tradidit atque deliberauit et hoc eciam secundum tenorem sui 
infeofamenti De et super quibus omnibus et singulis premissis sepedictus Nigellus 
Stewart de Forthergill a me notario publico subscripto sibi fieri peciit vnum vel plura 
publicum sen publica instrumentum et Instrumenta Acta erant hec in villis de Kilbrou- 
chane Estirborannich et Westirboranuich horis nona et decima ante meridiem vel eocirca 
sub anno mense die indiccione et Pontificatu supradictis Presentibus protunc ibidem 
Malcolmo Stewart, Johanne Stewart fratribus germanis predicti Nigelli Patricio Mode, 
Jacobo Stewart, Roberto Stewart, Patricio Macay ffinlao M'Candoy Duncano M*Alester 
Stewart Johanne M*persoun Donaldo Makane M'gilcallum Alexandro Patricii Crom 
Adam Patricii Crom Donaldo M'Gillecrest cum diuersis aliis testibus ad premLssa vocatis 
pariter et rogatis. 

Et ego Henricus Walcare Presbiter Sanctiandree Diocesis publicus Sacra Apostolica 
autoritate notarius Quia predictarum terrarum de Kilbrouchane Estirborannich 
et Westirboranuich cum pertinenciis status saisine et possessionis donacione et 
recepcioni Ceterisque premissis omnibus et singulis dum sic vt premittitur ageren- 
tur dicerentur et fierent vnacum prenominatis testibus presens interfui Eaque 
omnia et singula sic fieri vidi sciui et audiui ac in notam cepi Ex qua presens 
publicum instrumentum manu mea scriptum exinde confeci Signoque et subscrip- 
cione meis solitis et consuetus signaui et subscripsi in fidem et testimonium veri- 
tatis omnium et singulorum premissorum per prenominatum Nigellum Stewart 
rogatus et requisitus. 



APPENDIX. 



85 



CROWN PRECEPT of SASINE in favour of Neil Stewart of Forthergill and Christian Stewart, his Atholc 

spouse/ of the Lauds of Bowrek, Lassintullycht, etc. Dated Ist March 1504. Chart«r- 

Koom. 

Jacobus Dei gracia Rex Scotorum vicecomiti et balliuis suis de Perth necnon dilectis 
nostris Johanne Stewart Roberto Makane M*ay Alexandro Makane M'ay Duncano 
Donaldsoun et fynlayo Makqwene ac eorum cuilibet coniunctini et diuisim vicecoiuitibus 
nostris de Perth in hac parte saluteni Quia dedimus et concessinius hereditarie dilectis 
uostris Nigello Stewart de Forthirgill et Cristiane Stewart eius sponse et ipsorum alteri 
diucius viuenti in coniuncta infeodacione oranes et singulas terras de Bowrek, I^yduyk 
Lassyntulicht, TuUocliresk, Kynzeathane, Pitdorny, Vchtirhlaris et terras dorainicales viz. 
le manys de Forthirgyll cum pertinenciis : jacentes in baronia de Forthirgill infra vice- 
comitatum nostrum de Perth Quequidem terre cum pertinenciis fuerunt dicti Nigelli 
hereditarie et quas idem non vi aut nietu ductus nee errore lapsus sed sua mera et 
spontanea voluntate in manibus nostris apud Edinburgh per fustum et baculum et pro- 
curatores suos ad hoc legittime constitutos sursum reddidit pureque et simpliciter 
resignauit prout in carta nostra dictis Nigello et Cristiane eius sponse desuper confecta 
plenius continetur vobis precipimus et mandamus quatenus dictis Nigello et Cristiane 
eius sponse et ipsorum alteri diucius viuenti in coniuncta infeodacione vel suis certis 
actornatis latoribus presencium sasinam predictarum terrarum cum pertinenciis secundum 
tenorem dicte carte nostre quam de nobis inde habent juste huiusmodi faciatis et sine 
dilatione et hoc nuUo modo omittatis ad quod faciendum vobis et vestrum cuilibet 
coniunctim et diuisim vicecomitibus nostris de Perth in hac parte committimus potestatem 
Datum sub testimonio magni sigilli nostri apud Edinburgh primo die mensis Marcii 
Anno Domini millesimo quingent<3simo quarto et regni nostri decimo septimo. 

ABRIDGMENT of Crown Charter to Neil Stewart of Forthergill and Ckistina Stewart, his R|)ou8e, of the Registnim 

Lands of Bowrek, Mains of Forthergill, etc. 1st March 1504-5. Magni 

Sigilli, Lib. 

Jacobus Dei gracia rex Scotorum .... Sciatis nos dedisse .... confirmasse xi^^ 81. 
.... Nigello Stewart de Forthirgill et Cristine Stewart eius sponse et ipsorum alteri 
diutius viuenti in coniuncta infeodacione, omnes et singulas terras de Bowrek, Leyduyk, 
Lassintulicht, TuUochresk, Kynzeathane, Pitdorny, Vchtirblaris, et terras dominicales, 
viz. le Manys de Forthirgill . . . ., in baronia de Forthirgill infra vicecomitatum 
nostrum de Perth ; que quidem terre cum pertinenciis fuerunt Nigelli hereditarie, et quas 

idem non vi aut metu ductus, etc in manibus nostris resignauit, ac totum jus et 

clameum que in dictis terris cum pertinenciis habuit . . . ., quittclamauit imperpetuum: 

Tenendos et habendas omnes et singulas predictas terras de Bowrek, etc dictis 

Nigello et Cristine eius sponse et ipsorum alteri diutius viuenti, in coniuncta infeodacione, 
et heredibus inter ipsos legittime procreatis sen procreandis, quibus deficientibus, legittimis 
heredibus dicti Nigelli quibuscunque, de nobis et successoribus nostris in feodo et 
hereditat^ imperpetuum, per omnes rectas metas suas .... adeo libere .... in 
omnibus et per omnia sicut dictus Nigellus aut predecessores sui predictas terras .... 
de nobis . . • . ante dictam resignacionem nobis inde factam liberius tenuit . . . .; 

Faciendo inde annuatim dictus Nigellus et Cristina, etc nobis et successoribus 

nostris iura et seruicia de dictis terris .... ante dictam resignacionem nobis debita et 
consueta : In cuius rei testimonium presenti carte nostre magnum sigillum nostrum apponi 
precepimus ; testibus vt in secunda carta precedente. Apud Edinburgh, primo die mensis 
Alarcii, anno Domini millesimo quingentesimo quarto, et regni nostri decimo septimo. 



ABSTRACT of Crown Charter to Alexander Earl of Huntlt, of the Lands of Forthergill and others. 

25th March 1505. 

Charter by King James IV. to Alexander, Earl of Huutlie, of the lands and barony of 
Forthergill, with the castle and fortalice of Garth ; also the lands of Pitdorny, TuUoch- 
curren, and Dalnagarn, in the shire of Perth, which lands, barony, castle, etc., belonged 
to Neil Stewart, son and heir of the late Neil Stewart of Forthergill, in heritage ; and 



Ibid., 
Lib. xir. 
No. 206. 



N 



86 



THE STEWARTS OF FORTHERGILL. 



Acta Domi- 
norum Con- 
cilii, Vol. 
xvi. f. 219, 
14th March 
1504-5. 



Ibid. , f. 228, 
15th March 
150i 



which the said Neil Stewart, younger, resigned in the king's hands at Edinburgh. To 
be held of the Crown in feu and heritage as freely, etc., as they were formerly held by 
the said Neil Stewart and his predecessors. Dated at Edinburgh, 25th March 1505. 

PROCESS by Robert Menzirs of that Ilk, against Neil Stewart of Forthergill, for the burning of the Castle 

of Weme. 14th and 16th March 1504-5. 

Comperit Eobert Menzies of that ilk askit ane Instrument of this interlocutor (That 
is to say that the lordis Eepellit and decernit of nane avale the exception proponit be 
master Andro Caidiow procurator for Nele Stewart allegeand that the said Kobert had 
dischargeit befor ane notar quhen he was at liberte at the chapell of Melyn the said 
Nele of all guidis and skath sustenit be the said Eobert and takin fra him) for the 
quhilkis he maid the said Nele to be summond now becaus the lordis vnderstude that 
he was uocht at full liberte as wes requirit on the law quhen he maid the said discharge 
bot was in danger of the said Neill and his complicis and the place quhare the said dis- 
charge was maid was within the boundis quhare the said Nele and his complicis mycht 
haif done harme to the said Eobert: hora xi. Testibus M. Jacobo Hay M. Henrico White. 

In the action and caus persewit be Eobert Menzies of that ilk knycht agane Nele 
Stewart of forthirgill for the wrangwis distruction and dovncastin of his mansionplace and 
fortilice of the Werae and for the byrning and distruction of diuers wittalis lusicht gudis 
and vther gudis like as at mare lencht is contenit in the summondis thairupon the said 
Eobert being personaly present and the said Nele comperand be master Andro Cadiow 
his procurator Thare rechtis ressonis etc. The lordis of Consale decretis and deliueris 
that the said Nele sail content and pay to the said Eobert the sovme of ij^. li vsuale 
money of Scotland for the byrning wasting and distroying of his place of the Weme with 
the pertinentis the sovme of xxxii, for the beddin of the said place and certane clathis 
distroyit and byrnt elikewis the soume of tend pund for twa stand of harnes xx li. for xij 
Jakkis viij^i for certane splentis xiiij s. for ane best splent xxviij s. for ij sellatis and 
gorgeatis xx s. for ane hewmond xl s. for certane stele bannets xlviij s. for xxiiij speris 
xl s. for iiij culverynis viij merkis for certane bowis and arrowis xij merkis for certane 
swerdis buklaris and gluvis of plate iij li, for certane burdeclathis and towellis iij li for 
pewderweschell jx s. for chanlars v^^ for pottis viij merkis for lantruns xx^ for pannis 
xx8 for gurdillis vj s. viij d. for spetis x^^ for the clething of the said Eobert and his 
serwandis x^^ for butter and cheiss xij merks for xij^^^i of mele and malt xxxijs for ij 
bollis of quhete liiij s. for iij martis the sovme of xl merks for vthir wittale and gere 
pertening to the said Eobert and his seruandis xl^^ for oxin Item In the Weme L. 
chalder of atis pryce chalder with the foddir viij merks xij chalder of here with the 
foddir price chalder xvj merks Item in Cabusarnay xij^^h of aitis pryce ch. with the 
fodir viij"ik8 ijijch of here pr. ch. with the foddir xvj mks. The quhilkis guidis andcornis 
pertenit to the said Eobert and was byrnit spulyeit takin away and distroyt be the said 
Nele and his complicis in the saids place and landis in the yeir of God J"^ v^ and twa 
yeris, and also the said Nele sail content and pay to the said Eobert for the proffitts 
that he mycht haif had in the occupying of his said landis and he had bene vntrubillit 
be the said Nele and his complices the nixt yere thairefter in the first xx chaldr of atis 
sawin in the Weme estimat to the thrid come price of the chalder viij merks, xl^oU of 
here sawin estimat to the ferd corne price chalder xvj merks Item in Cabussarnay xij 
chalder of atis sawin estimat to the thrid corne price chaulder viij merks, xvj bolls of 
here sawin estimat to the ferde corne price chalder xvj merks Item the sovme of xx^^ 
for the proffitt of the ky that he mycht haif haldin on the said ground, xxx^^ for the 
profBtt of the shep that he mycht haif halden on the said ground The sovme of viij" of 
merks for the waisting destroying and haldin waste and for the malis and proSittis of 
our souerane Lordis lands of Apnadull and certane vthyr landis contenit in the said sum- 
monds pertening to the sade Eobert in feu ferine The sovme of i® xxiv merks for v** 
xiiij bollis of mele and malt of the fermes of the sade Eoberts by Granges the sovme of 



APPENDIX, 87 

jc lb. for malis proflBts aud dewteis that lie mycht haif haid of his awin piopre landis of 
Forleyard Boltochame and moness the said yere. The sovnie of x^^ of the said vsuall 
money of Scotland for the malis and profiitts of the said Eoberts mylne of Abirfaldy 
and Kynnaldie Like as was sulBBciently previt before the Lords as to the spulze, and as 
to the quantitie and prices reffenit to the said Eoberts atht quhilk maid faith tliair- 
uppoun in presence of the said Lordis, and ordanis our souerane lords letre to be direct 
to compell and distrenze the said Nele his landis aud gudis thairfoir. 

In the actioun and causs persewit be Robert Menzes of that ilk Knycht agane Nele Eodem die. 
Stewart of Forthirgill Robert Stewart of Monskeid Robert Stewart M*Kay Alexr Stewart 
his Brother, Robert Stewart in Garntulg, Donald MTersoun Duncane Patirsoun, Duncane 
M*Oyne Gillander M'Oyue his sone Paulle Augusson Symeon M*Gillereaich Alex** Dow 
and Donald M'Comes for the wrangwiss spoliatioun awaytakin and withhalding fra the 
said Robert out of his landis and Barony of Weme of I^ rydding horses and dyuers othyr 
guids like as at mair lentht is contenit in the summonds thairuppoun The sade Robert 
being personally present and the sade Nele comperand be master Andro Cadiow his 
procuratour and the remanent of the saids personis being lauchfully summond to this 
actioune oftymes callit and nocht comperit, the saids Robert and Nele's rychtis ressounis 
etc. The Lordis of Counsall decretis and deliueris that the said Nele and the remanent 
of the persounis his complicis abone wrttin sail content and pay to the said Robert the 
sovme of ij*^ merks vsuale money of Scotland for xiiij horsses with thair rydding grayth 
spulzeit and takin away be the said persounis the tyme of the birning of the place of the 
Weme. xj horss and two meres the sammyne tyme price pece ourhed with thair rydding 
grath L" Ix of wild and teme horsses and meres spulyeit and tane furth of the said landis 
the sammyne tyme price pece xxx«, iiijc nolt price iij^ lb. and for the skath that the said 
Robert and his said serwandis sustenit throu the want of the said nolt horss and meres 
for ilk pece iiij^ Item the sovme of iiij merkis for iiij^^Js malt takin furtht of his 
myle of Abirfaldy, the sovme of iiij merkis for ane draucht nete and the sovme of iiij 
merkis of the said vsuale money for the avale of the said Roberts bate of Abirfeldy The 
quhilk gudes war spulyeit and takin away be the said Nele and his complicis forsaid out 
of the said landis with thair pertinents like as was suflSciently previt befor the lords as 
to the spulyeis and as to the quantitie and prices referrit to the said Roberts atht quhilk 
maid faith thairappoun in presens of the saids Lordis And ordanis our souerane Lords 
letrez to be direct to compell and distrenze the said personis thair landis and gudes for 
the forsaid sovnies as efieirs. 

COMPLAINT by Kodekt Menziks of Enoch against Andro Lord Giuy, anent the Lands of Monskid Acta Domi- 

(Bonskeid). 14th November 1505. "/JF?*^^"' 

Anent the suplicatioun maid be Robert Menzies of Ennok Knycht agane Alidro Lord xvii! fol. 18. 
Gray for the wrangwiss deferring to ressaue him Tennent to the landis Monsjcid and 
Bounerannych liand within the sherifdome of Pertht quhilk pertenit of before to Robert 
Stewart and was apprisit to the said Robert Menzies by our souerane I/ordis letres for 
certane sovmiz of money recouerit be him apoun the said Robert Stewart be the decrete 
of the Lordis of counsale the said Andro Lord Gray as supperior of the forsaid Landis 
being requirit be our souerane Lordis letres to haf enteret the said Robert Menzies of the 
sammyne like as at mair lenth is contenit in the said supplicatioun maid thairapoun 
bayth the saidis partys being personally present The said Andro Lord Gray allegit the 
said landis war his awin and lauchtfuUy redemit be him fra the said Robert Stewart, and 
alss it was allegit be the said Robert Menzies that the said landis war lauchtfully apprisit 
to him and therby suld pertene to him. Therfore the Lordis of counsale continewis the said 
matter in the sammyne forme force and effect as it is now on the xxix day of Nouember 
instant w*ith continuatioun of dais and ordanis the said Andro Loi*d Gray to produce the 
processes of redeming of the saidis landis and alss ordanis the said Robert Menzies to 
produce the processes of apprising of the sammyne agane the said day, and therefter 
Justice sail be ministrate and the partys are waruit hereof apud acta. 



88 



THE STEWARTS OF FORTHERGILL, 



Acta Dora. 
Con., Vol. 
xvii. fol. 57. 



Acts of Par- 
liament of 
Scotland, 
Vol. ii. 
p. 255. 



Acta Dom. 
Con. , Vol. 
xxiv. fol. 
64 b. 



Ibid., fol. 
128 a. 



Ibid., fol. 
144 a. 



PROTEST by Robert Menzies of that Ilk in the same case, at Edinburgh, in his own house. 

1st December 1505. 

Comparit Robert Menzies of that ilk Knycht and protestit that nochtwithstandiug 
any protestations that the Lord Gray or his procuratours maks agane him anent the bill 
and act maid of the landis of monskid and Buneramy or any othyr thing that thai doe in 
his contraire turn him to na preiudice becauss that he is the persewar and that he nor thai 
ar uowther summond peremptourly to na day, and that he may haue priuelege to perseu 
the said Lord in the said actioun quhen and quhere it plesses him geit* neid beis. Testi- 
bus Johanne Oliphant Archibaldo Bailyie Magister Johanne Chisolme cum diuersis aliis. 

John Eakl of Athole and Neil Stewart of FortherglU summoned before Parliament for treason. 

June 1504. 

The quhilk day Johne Erie of Athole and Nele Stewart of Forthergill, grantit thaim 
summond apoun tressouue as was contenit in the letrez of summondis and offerit thaim 
tharin reddy to vnderly the lawis thairfoir and thairupoun askit Instruments hinc inde. Acta 
in pretorio Burgi de Ed'' hora vndeciraa ante meridiem. Testibus Roberto abbate de Kelso, 
domino Patricio Creichton de Cranstoun milite, Comite de Cathness, domino Dauid Hume, 
Wilelmo Magistro Kuwane, Jacobo Logane vicino de Ed**, M. Andrea Cadiow iiotario 
publico M. Alex'^ Bate et Johanne Homyl etc. 

ACTION between Robert Menzies of that Ilk, against Lord Gray, Robert Stewart, etc. 9th Dec. 1512. 

Continewis the Summonds rasit at the instance of Robert Menzies of that ilk knycht 
agane Andro Lord Gray Alexr Donaldson and Rot. Stewart in Monskyd that is to say 
the sade Andro Lord Gray for the wrangvis postponying to ressaife the sade Robert 
Menzies Tennant to him of the landis of Monskyd and Manrannyth apprysit to the sade 
Robert for soumes aucht to him be the said Robert Stewart, and als the said Lord Gray 
to him decemit to warrand .... to the said Robert Menzeis the saidis landis as 
assignay thairto be wertu of the said apprysing at our souerane lordis handis and all 
vtherys, quhilk war analyt to the said Robert Stewart and his predecessours be the said 
Lord and his forbears, and ar now recognisit in our sowerane lordis handis and the said 
Alexr Donaldsoun and Robert Stewart for the wrangwiss occupation of the said landis be 
the space of iii zeiris and ane half bygane. 

ACTION by the Crown against Ooilvy of Inchmartin and others, anent the Lands of Strathardill. 

21st February 1512. 

Anent the Summondis maid at the instance of our souerane Lord agane James Ogiluy 
of Inchemartyne and Alex'' Cuninghame of Polmais and Robert Cuninghame his sone 
and all vtherys havand intress to the lands of Strathardill Ogiluy and Strathardill 
Cunnynghame, to the sammyn decemit to pertene to our Souerane Lord 

in properte be ressoun of the alienatioun of the maist pairt .... The said James 
Ogiluy being personally present and W"* Scott of Baluery knycht comperand for his 
intress quhilk Sh^ W™ allegiit that he haid sufficient confirmatiounis apoun the aliena- 
tiounis maid of the said landis to vmquhill Johne Stewart of Fothirgill be the saids 
Lairdis of Inshemartyne and Polmais forbears, and desirit ane terme to produce the 
sammyn Thairfore the Lordis of Counsale assignis to the said Sir W"^ the xviij day of 
Marche nixt to cum with continuatioun of dais. 

ACTION by Robert Menzies of that Ilk, against Lord Gray and others. 26th Febraary 1512. 

Anent the summondis maid at the instance of Robert Menzeis of that Ilk knicht 
agane Andro Lord Gray Alex' Donaldsoun and Robert Stewart in Monskyd that is to say 
the said Lord as proprietor of the landis of Monskyd and Manrannyth for the wrangewiss 
postponying to ressafe the said Robert Tenant to him thairof according to the process of 
apprysing maid to him thairuppon for sovmes of money recouerit be him apoun the said 
Robert Stewart and als the said Andro Lord Gray for to here and see him decemit to 



APPENDIX. 



89 



warrand to the said Sh' Robert the said laudis as assignay thairto be wertu of the said 
apprysing and agane the said Robert Stewart and Alex' Donaldsoun flFor the wrangwes 
occupation of the said landis and vptaking of the proffitts thairof be the space of iii zeiris 
and a half .... The saids Robert Mcnzeis of that ilk being personaly present and 
the said Andro Lord Gray comperand be Master Adam Otterbum his procuratoure the 
saidis Robert Stewart and Alex' Donaldsoun being lauchtfuUy summond. The party's 
presents rychts, etc. The Lordis of Counsale decretis and Deliueris that the said Andro 
Lord Gray sail resaafe the said Robert Menzeis of that ilk tennant to him of the said 
landis of Monskyd and Manrannyth efter the forme of the said process of apprysing led 
thairuppoun for somviz of money aucht to him be the said Robert Stewart and als that 
the said Andro Lord Gray sail warrand acquete and defend to the said Robert Menzeis 
the said landis as assignay thairto be wertu of the said apprysing becauss the said Andro 
Lord Grays forbears analiit the sammyne to the forbearis of the said Robert Stewart with 
clausses of warrandice to thame thair aris and assignais. 

Contract between Andro Lord Gray and Sir Robert Menzies of that ilk knight anent Acta Dom. 
the preceding liti^tion submitting the decision thereof to arbiters, viz. William bishop of ^'^?» ^^' 
Aberdeen, John Prior of St. Andrews, William Master of Ruthven, Mr. David Seyton, "g^' 
parson of Fettercam and James Henrison of Fordell, who decree that the said lord Gray 
shall pay to the said Sir Robert 100 merks within 15 days thereafter, and also to pay to 
him the arrears of revenue of the said lands, and then the said Sir Robert is to be entirely 
and perpetually excluded therefrom. Dated at Edinburgh, 24 February 1512-13. 

ACTION by Andrew Oliphant and others against James Muschet of Colgarth, Robert and Neil Stewart, Ibid., Vol. 

and others. 16th May 1516. zxix. fol. 93. 

In the action raised by Andro Oliphant and Elizabeth Oliphant Relict of the late 
George Graharae of Calendar against James Muschet of Colgarth George Schaw of 
Knokhill, David Balfour son and heir to Michell Balfour of Bourtie, Robert Stewart, Neile 
Stewart, David Balfour, with their complices to the number of Lxxx persons because 
they came to the maling of the Bordlands of Auchterardour, and there eat and destroyed 
xxvi bollis of aittis at iiij^ per boll and took away v ky price of the piece xxij" ane ox 
price XX* and ane horse price iiij merks, and to get the said James Muchet to warrand 
acquit and defend the said Andro and Elizabeth the tak and assedation of the said lands. 
The Lords decern him to do so for seven years from Whitsunday J°* V^ xvj, and as to 
the other points, continew the action to the day of [sic] with continuation of dais. 

In the action and cause raised by Andro and Elizabeth Oliphant against James ibid., fol. 
Muschet of Colgarth, Robert Stewart Neile Stewart and others for eating and spoiling a i^o b, Snl 
large quantitie of grain and otiier property in the lands of Bordlands, the Lords decern -^P^'^^^^- 
the said persons to have done wrong, and ordain letters to be written to compell and 
distrenze them for the amount they destroyed and took away. 

NOTES of Process between Alexander Earl of Huntlt and Margaret Stewart, Lady Gordon. 1518. Ibid., Vol. 

Continuation of action between Alexander Earl of Huntlie on the one part, and leth June ' 
Margaret Stewart Lady Gordone, on the other. The said Alexander having assedation 1518. 
maid to him be John Lord Gordon his soun of the lands of Badzenach and Forthergill 
with the placis of Ruthven and Garth, and being in possession thereof, and wishing 
letters to be direct to the Sheriffs to keep him in possession, and the said Margaret 
wishing to be put and kept in possession of the said lands, because she has a conjunct fee 
of the lands and houses and has nothing else to live on. The Lords continue the action 
to the XXV*** June instant 

Decision in the action between Alexander Earl of Huntlie and Margaret Stewart Ibid.,foL48, 
Lady Gordon, as to the toun and lands of Badzenach and Forthirgill, etc, that the said j^J^ '^"°* 
Margaret is to be answerit and obeyit in all mailis ferrois profitis etc. of the said lands^ 



90 



THE STEWARTS OF FORTHERGILL. 



Acta Dom. 
Con., Vol. 
xxxiv. 
fol. 159 b, 
23rd April 
1524. 



Ibid., Vol. 

XXXV. fol. 
28. 



Eodem die. 
Ibid. fol. 29. 



and the said Alexander is to deliver to her or his factors the houses and placis of 
Euthven and Garth to be enjoyed by her, and this is to take effect from the date hereof. 

Comperit Nele Stewart of Forthirgill and constitute ane Eeuerend fader in god 
Andro Bischop of Cathnes Robert Leslie Mr. Thomas Hammiltoun Patrik Buttir of 
Gormok Mr. Andro Patersone procuratoris for him in the actioun persewit be him 
aganis George Erie of Huntlie and Margrett Lady Gordoun and in all vthir actiounis 
and specialie anenth the redeming of his landis of Forthirgill and Garth cum potestate 
subscribendi et promisit de rato. 

ACTION by Neil Stewart against Margaret Ladt Gordon anent the redemption of Foitbei^l, etc 

17th May 1524. 

Anent the Summondis maid at the instance of Neil Stewart of Forthergyll aganis 
Margreit Lady Gordoun possessour of the landis of Forthergill and Gorthy George Erie 
of Huntlie hir sone and his tutoris gif he ony has for thar intress ffor the wranguiss 
postponyng and deferring to ressaue fra the said Neile the sowm of viij<» merkis vsuale 
money of this realm for the Eedempciouu of the saidis landis of Forthergill and Gorthy 
with thar pertinentis Hand within the Sherefdome of Perth analijt be the said Neile to 
vmquhile Alexander Erie of Huntlie vndir ane Eeuersioun contenand the said sowm of 
aucht hundreth merkis as the sammyn proportis and for the wranguiss deferring to 
Benunce Eesigne and ourgiff to the said Keil the saidis landis with thar pertinentis eflir 
the form and tenor of the said Reuersion maid be the said vmquhile Alexander Erie of 
Huntlie for him and his airis thairapoun becaus the said Neil has fulfillit the sammyn 
in all pointis and has lauchfully Eedemit the saidis landis lyk as at mair lenth is con- 
tenit in the said summondis The said Neile comperand be Eobert Leslie his procuratour 
and the said Margrete comperand be Maister Eobert Galbraith hir procuratour and the 
saidis George Erie of Huntlie and his tutoris gif he ony has being lauchfully summond 
be opin proclamatioun at the mercat cross of Pertht oft timez callit and nocht comperit 
the partijs punctis Eichtis Eesonnis etc. The Lordis of Counsale Decretis deliueris and 
decernis that the said Neil Stewart has lauchfully Eedemit and quit oute his saidis landis 
of Forthergyll and the Garthe with the pertinentis fra the said Margreit Lady Gordoun 
as possessour thairof efter the tenour of the said Eeuersioun and that he has fulfillit the 
sammyn in all punctis for his part Becauss he requirit thame lauchfully to ressaue the 
sowm contenit in the said reuersioun apoun the premonicioun of fourty dais as ane 
auctentic Instrument of Johnne Diksoune notar public schewin thairapoun proportit 
and bur of the dait the xxiij day of Marche the zeir of god J°* v® and xxiij zeris and 
nomerit and consignit the said sowm in keping to thair behufe in the handis of Maister 
Alexander Dougless Maister Archbald Bonar and Maister Thomas Greig channonis of the 
Cathedral kirk of Dunkell and deput to ressaue the said sowm be the den thairof and 
deliuerit the sammyn as ane auctentic Instrument maid thairapon vnder the signe and 
subscriptioun of Maister Johnne Thomson notar public in lykwys schewin and pro- 
ducit befor the saidis lordis proportit and bur of the dait at the hie alter of the kirk of 
Dunkell the secund day of May the zeir of god j°» vc and xxiiij zeiris and eftir the 
forme and tenour of the said Eeuersioun, and tharfor ordanis thame to Eesigne Eenunce 
and ourgif the saidis landis of Forthergill and Garthe with the pertinentis to the said 
Neile and in fauour of him with Charter precept and instrument of saising and all vther 
euidentis quhilkis sche has thairof according to the said Eeuersioun and als sail content 
and pay to him the malis and proffittis of the saidis landis sen the said secund day of 
Maij in the zer of god forsaid be reson that the said Neil had redemit lauchfully the 
saidis landis as said is and that lettrez be direct heimpoun in form as eiferis Eesseruand 
to the said Margret Lady Gordoun to call quham sche plesis for hir Eeleif in the said 
mater and ordanis hir to haif summondis thairapoun as she plesis to libelL 

In presens of the lordis of Counsale comperit maister Eobert Galbrath procuratour 
for Margret Lady Gordoune and gaif in ane writing in forme of protestatioune of the 



APPENDIX. 



91 



quhilk the tenour followis. The quhilk day Maister Robert Galbraith procuratour for 
Margret Lady Gordoune allegit that the landis of Baidzenach Garth and Forthirgill was 
gevin to hir in coniunct fe be vmquhile Alexander Erie of Huntlie for the sovrae of 
vij merkis be zeir of fre money and gif the saidis landis of Garth and Forthergill beis 
decernit redemit be Neile Stewart be numeratioun and consignatione of the sowme of 
viij*^ markis scho will want zerely of the nialis of the saidis landis of Garth and Forther- 
gill the sovme of Ixxx merkis considering it payit zerly to hir of before vj*' xx merkis of 
maile and thairfor protestit that scho mycht haue hir releif aganis George now Erie of 
Huntlie hir son as air to vmquhile Alexander Erie of Huntlie or ony vtheris as it accordis 
apoun the law for safer as scho wantis profitis throw redemptioun of the saidis landis 
according to the obligatioune maid be the said vmquhile Alexander to our souerane lord 
his successoris and the said Margret quhilk protestatioune the lordis admittit and 
resseruit to hir for actioune to call quham scho pleisit for hir releif. 

DECREET by the Lords of Council in the action by Neil Stewart of Forthergill against Lady Gordon and Athole 
the Earl of Huntly, regarding the redemption of the Lands of Forthergill and Garth. Dated 17tb Charter- 
May 1625. K<><^™- 

At Edinburgh the xvij day of May The zer of God J™ v*^ and xxv zeris. The Lordis 
of counsale vndervrittin that is to say maist Reuerend and Eeuerend faderis in God James 
Archbischop of Sanctandrois chancelare Gawine Archbischop of Glasgw Gawyne Bischop 
of Aberdene James Bischop of Dunblane, Noble and Mychtie Lordis Archibald erle of 
Angus Jhone erle of Levinax. Venerable faderis in God Eobert Abbot of Paslay Edwart 
Abbot of Newbottle maister Jhone Campbell of Lundy Thesaurar Williame Scott of 
Balwery Knycht and maister Adam Ottirburn of Auldhame Anent the summondis maid 
at the Instance of Nele Stewart of Forthergill aganis Margaret Lady Gordoun possessour 
of the landis of Forthergill and Garthy George erle of Huntlie hir sone and his tutouris 
geif he ony has for thar interesses ffor the wranguis postponing and deferring to ressaue 
fra the said Nele the Sowme of viij® merkis vsuale money of this realme for the redemp- 
ciouu of the saidis landis of Forthergill and Garthy with thar pertinentis liand within 
the schirefdome of Perth analyit be the said Nele to vmquhile Alexander erle of Huntlie 
vndir ane reuersioun contenaud the said sowme of aucht hundretht merkis as the samyn 
proportis and for the wranguis deferring to renunce resigne and ourgeif to the said Nele 
the saidis landis with thar pertinentis eftir the forme and tenour of the said reuersioun 
maid be the said vmquhile Alexander erle of Huntlie for him and his airis tharupoun 
becaus the said Nele has fulfillit the samin in all punctis and has lauchfully redemit the 
saidis landis Lik as at mair lenth is contenit in the said summondis The said Nele com- 
perand be Robert Leslie his procuratour and the said Margaret comperand be maister 
Robert Galbraitht hir procuratour and the saidis George erle of Huntlie and his tutouris 
geif he ony has being lauchfully summond be oppin proclamacioun at the merket cross 
of Perth oft times callit and nocht comperit the pairtiis punctis rychtis resounis and 
allegaciounis hard sene and vnderstand and tharwith being riplie auisit The Lordis of 
Counsale Decretis deliueris and deceruis that the said Nele Stewart has lauchfully redemit 
and quite out his saidis landis of Forthergill and the Garth with the pertinentis fra the said 
Margaret Ladye Gordoun as possessour tharof eftir the tenour of the said reuersioun And 
that he has fulfillit the samyn in aU punctis for his part Becaus he requirit thaim lauchfully 
to ressaue the sowme contenit in the said reuersioun apoun the premunicioun of fourty dais 
as ane auctentick instrument of Jhone Diksone notar public schewin tharupoun proportit 
and bure of the dait the xxiij day of Marche the zer of God J"» v*' and xxiij zeris And 
nomerit and consignit the said sowme in keeping to thar behufe in the handis of maister 
Alexander Douglace maister Archibald Boner and maister Thomas Greg Channonis of the 
cathedrale Kirk of Dunkeld and depute to ressaue the said sowm be the Dene tharof and 
deliuerit the samyn as ane auctentic Instrument maid thairupoun vnder the signe and sub- 
scripcioun of maister Jhone Thomsone notar public inlikwise schewin and producit befor the 
saidis Lordis proportit and bure Off the dait at the hie altar of the Kirk of Dunkeld the 



92 



THE STEWARTS OF FORTHERGILL. 



Athole 
Charter- 
Room. 



secund day of Maii the zere of God J"^ v*' and xxiiij zeris And eftir the forme and tenour 
of the said reuersioun And thairfor ordanis thaim to resigne renunce joid ourgeif the saidis 
Ifioidis of Forthergill and Gorthy with the pertinentis to the said Nele and in favour of him 
with charter precept and instrument of sesing and all vther euidentis quhilkis sche has 
thairof according to the said reuersioun And als sal content and pay to him the malis and 
profittis of the saidis landis sen the said secund day of Maii in the zer of God forsaid be 
resoun that the said Nele had redemit lauchfully the saidis landis as said is And that 
Letrez be direct heirapoun in forme as efferis Eeseniand to the said Margaret Lady 
Gordoun to call quham sche plesis for hir releif in the said mater And ordanis hirto 
have sumraondis thairupoun as sche plesis to libelL Extractum de libro actorum per me 
Gavinura Episcopum Abirdonensem Clericum Rotulorum Eegistri ac Consilii Supremi 
Domini nostri Regis sub meis signo et Subscripcione manualibus. Gawintjs Dunbar. 

CROWN PRECEPT for infefting Neil Stewart of Forthergill and Christina Stewart, Lis wife, in liferent, 
and John Earl of Atholl heritably, in the Lands of Forthergill and Garth, with the Rock and Fortalice 
thereof. Dated 2nd June 1525. 

Jacobus Dei gracia Eex Scotorum vicecomiti et balliuis suis de Pei*th necnon dilectis 
nostris Thome Stevart Johanni St^vart . . . . ac eorum cuilibet coniunctim et diuisim 
vicecomitibus nostris de Perth in hac parte salutem Quia nos cum auisamento autoritate 
et consensu carissime genetricis nostre regine et secreti Consilii nostri dominorum in par- 
liamento nostro per tres regni nostri status ad hoc electorum dedimus et concessimus 
dilectis nostris Nigello Stewart de Forthergill et Cristine Stewart spouse sue et ipsorum 
alteri diucius viuenti in vitali redditu pro toto tempore vite sue necnon dilecto consan- 
guineo nostro Johanni comiti Atholie hereditarie Totas et integras terras de Forthergill 
et Garth cum rupe et fortalicio earundem et officio forestarii foreste de Oschechaille cum 
feodis et proficuis eiusdem et suis pertinenciis jacentes infra vicecomitatum nostrum de 
Perth Quequidem terre cum rupe fortalicio officio forestarii et suis pertinenciis fuerunt 
dicti Nigelli hereditarie Et quas et que Idem non vi aut metu ductus nee errore lapsus 
sed sua mera pura et spontanea voluntate per fustem et procuratores suos ad hoc legittime 
constitutes et literas suas pat^ntes in manus nostras apud Edinburgh sursum reddidit 
pureque et simpliciter resignauit prout in carta nostra sibi desuper confecta plenius con- 
tinetur vobis precipimus et mandamus quatenus dictis Nigello et- Cristine sponse sue et 
ipsorum alteri diucius viuenti in vitali redditu^ .... tempore vite sue sasinam die- 
tarum terrarum cum rupe fortalicio et officio forestarii predictis et suis pertinenciis .... 
Johanni comiti Atholie sasinam hereditariam earundem secundum tenorem dicte nostre 
carte quam de . . . . habent juste haberi facialis Et sine dilatione Et hoc nullo 
modo omittatis Ad quod faciendam v[obis et vestjrum cuilibet coniunctim et diuisim 
vicecomitibus nostris de Perth in hac parte committimus potestatem Datum Sub testi- 
monio Magni Sigilli nostri Apud Edinburgh Secundo die mensis Junii Anno regni nostri 
duodecimo. 

(Cauda) Sasina .... 



Acta Dom. 
Con., Vol. 
xxxix. fol. 
104 b. 



DECREET by the Lords of Council at the instance of Robert Menzies of that Ilk, Knight, against John Eakl 
of Atuolb, reducing a Commission of Justiciary held by the latter. 19th February 1528. 

Anent oure Souerane Lordis letres purchest at the instance of Eobert Menzeis of that 
Ilk, knycht, aganis Johnne Erie of Athole, that quhar vmquhile Eobert Menzeis of that 
Ilk, fader to the said Eobert sustenit grete scaith heirschip and slauchteris committit 
vpoun him and his seruandis be Neile Stewart and his seruandis, man and brother-of-law 
to vmquhile Johnne Erie of Athole for taking of our Souerane Lordis landis of Apnadull 
and Eannach in few ferme in augmentacioun of his rentale ; ffor the quhilk causis of 
slauchter heirschip byrnyng and deidle feide the said vmquhile Eobert Menzeis was 
exemit, and his tennentis and seruandis in likwiss fra the said vmquhile Johnne 

^ Original wasted. 



APPENDIX. 93 

Erie of Athole as Justice in that pairt his office and Jurisdictioun. And now the said 
Johnne Erie of Athole soiin and air of the said vmquhile Johune Erie of Athole havand 
the said Robert, his freindis tennentis and seruandis at deidlie feide and Inymyte siclik as 
his fadir had of before ; and to causs thame leif thair landis waist to him and his freindis ; 
has optenit ane commissioune of Justiciary within the said Robertis Balzerie of Grantully, 
and heretage of Rannach barony of Menzeis ApnaduU and all vtheris his boundis with 
the pertinentis, tending to call the said Robert his freindis tennentis and seruandis to his 
Justice Courtis for thair distructiouns ; and thairfore the said Johnne Erie of Athole to 
produce the said coinmissioun of Justiciarie to be sene and considerit gif it be conforrae 
to justice, and for the commoun weile of the realme, as at mair lenth is contenit in the 
summondis thairupoune. The said Robert Menzeis beaud personalie present, and the 
said Johnne Erie of Athole lauchfuUie summond to this actioun oftymes callit and nocht 
comperit, The Lordis of Counsale decretis deliueris and decemis the said Commissioune 
of Justiciarie grauntit and gevin to the said Johnne Earle of Athole to ceiss and to haue 
na strenth nor effect in tyme to cum, and letres to be direct herupoune as efferis. 

SUMMONS OF ERROR against Neil Stewart of Garth, etc. 15th January 1532-83. Acta Domi- 

Summons of Error by the Crown Agent Patrick Butter of Gormo, Gilbert Gray of "niTet SeT- 
Buttergask, John Creichton of Strathurde knicht, Robert Menzeis of that ilk knicht, sionis, Vol. 
John Creichton of Innemyte, D. Scrimgeour of Fardill, John Blair of Ardblair, John "• ^°*- *^- 
Chalmer of Drumlochy, Mr. Peter Scott of Monze, Robert Ferguson of Darcully, Nese 
Ramsay of Bamff, George Haliburton of Pitcur, Nele Stewart of Garth, John Rattray of 
Lethill, and William Eveoch of Balhousy, for serving a brief of Inquest obtained from 
Chancery by Laurence Lord Oliphant " nevoy " and heir of John Lord Oliphant in three- 
fourths of the lands of Petcaithly, etc. 

DECREET OF TRANSFERENCE of the fine for burning the Castle of Weem, to Robert Mekzies, as heir to ibid., Vol. 

his father. 9th March 1533. iv. ' 

Transferris the decrete gevin be the Lordis of vmquhile our souerane Lordis Coun- 
sale quham god assolze to vmquhile Robert Menzeis of that Ilk aganis Neile Stewart of 
Forthergill of the date at Edinburgh the xv day of Merche the zeir of God J^ vc xiiij 
zeiris Decemand the said Neile to content and pay to the said vmquhile Robert the 
sovme of \f li. vsuale money of the Realme for byniing waisting and distroying of the said 
vmquhile Robertis Place of the Weyme with the pertinentis and vther sovmez of money 
contenit in the said decrete In the said Robert Menzeis executour to the said vmquhile 
Robert Menzeis his fadir with all that followed thainipoune and ordanis siclik letrez be 
direct at the instance of the said Robert Executour forsaid to poynd and distrenze the 
said Neile his landis and gudis for the sovmez contenit in the said decrete for payment 
to be maid thairof to the said Robert Executour forsaid In siclik maner and forme as 
was and suld haue bene direct at the Instance of his fadir in the said mater. The said 
Robert Menzeis comperand be Maister Thomas Marioribankia his procuratour, and the 
said Neile Stewart lauchfullie summound to this actioun of tymes callit and nocht 
comperit, etc. 

DEEDS RELATING TO JOHN STEWART, LAST OF GARTH, Died 1577. Athole 

Charter- 
SASINE to John Stewart, aon and heir of Neil Stewart of Oarth, in the Lands of Killebroach. Dated Room. 

30th January 1557. 

In Dei nomine Amen Per hoc presens publicum instrumentum cunctis pateat euidenter 
et notum sit quod anno incarnacionis dominice millesimo quingentesimo quinquagesimo 
septimo mensis vero Januarii die penultimo indiccione prima poutificatus sanctissimi in 
Christo patris et domini nostri domini Pauli diuina prouidencia pape quarti Anno 
Secundo In mei notarii publici et testium Subscriptorum presenciis Personaliter consti- 
tutus Willelmus Stewart feodatarius de Grantulie procurator vt asseroit et eo nomine 



94 



THE STEWARTS OF FORTHERGILL. 



Johannis Stewart filii heredis quondam Nigelli Stewart de Garth accessit presenciam 
personalem nobilia domini Patricii domini Gray atque eidem quoddam preceptum regium 
in tercia cancellarie forma more eiusdem directum presentauit eundem dominum Idem 
Willelmus procurator vt supra pro sasina hereditaria capienda secundum tenorem eiusdem 
precepti regii requisiuit et mandauit quod preceptum regium dictus dominus accepit 
suumque preceptum ad effectum autedictum sigillatum et subscriptum manuali sua 
subscripcione suoque proprio Sigillo dicto Willelrao procuratori nomine prefati Johannis 
prescripti dedit tradidit et deliberauit cuius precepti forma in hunc modum sequitur 
Patricius Dominus Gray baro baronie de Langforgund dilectis meis Johanni Banerman 
Johanni Straithauchan et vestrum cuilibet coniunctim et diuisim balliuis nostris in hac 
parte specialiter constitutis Salutem Quia per preceptum regineum e cancellaria S. D. N. 
regine nobis directum mandamur sasiuam hereditariam tradere Johanni Stewart filio et 
heredi quondam Nigelli Stewart de Garth omnium et singularum terrarum de Killibroach 
cum pertinenciis jacentium infra vicecomitatum de Perth baroniam de Langforgund et 
comitatum Atholie et quaeuis dicte terre nobis in proprietate pertinent non minus ne 
mandatum non parere videamur vobis precipimus et mandamus quatenus statum et sasinam 
hereditariam omnium et singularum predictarum terrarum de Killibroach cum pertinenciis 
prefato Johanni vel suo certo actornato latori presencium per terre et lapidis fundi dona- 
cionem vt moris est tradatis et deliberetis Saluo jure cuiuslibet et saluis iuribus nostris Et 
sub protestatione de non ledendo nostra iura et absque preiudicio nostre actionis quam circa 
easdem habemus seu ad redactionem retornati dicti Johannis aut aliquorum iufeofamen- 
toruni predecessorum suorum huiusmodi terris Et Salua eciam securitate ante omnia que 
dictus Johannes nobis faciet pro dictis terris cum pertinenciis quod de jure facere tenetur 
Et hoc nuUo modo omittatis Ad quod faciendum vobis et vestrum cuilibet nostram plenariam 
et irreuocabilem tenore presencium committimus potestatem In cuius rei t^estimonium 
presentibus manu nostra subscriptis Sigillum nostrum est appensum Apud Edinburgh 
penultinio die mensis Januarii Anno Domini millesimo quingentesimo quinquagesimo 
septimo Coram his testibus Georgio Gray Roberto Gray et Johanni Alytht testibus Quod- 
quidem preceptum memoratus Willelmus procurator prescriptus recipiens dixit in quantum 
sibi Johanni Stewart attiriet sine incumbit aut pro commodo et vitilitate sua spectat seu 
de Jure spectare poterit procuratorio nomine vt supra acceptare et recipere voluit alias 
neque alio modo acceptari noluit super quibus omnibus et singulis prefatus Willelmus 
procurator antedictus a me notario subscripto peciit instrumentum vnum vel plura Acta 
erant hec in cubiculo Willelmi Ogill scribe dict« cancellarie hora secunda post meridiem 
aut eocirca sub anno mense die loco indictione pontificatu quibus supra presentibus 
ibidem Johanne Straithauchin Georgio Gray, Georgio Gorthy, et dicto Willelmo Ogill 
scriba ac notario publico cum multis aliis ad premissa rogatis et requisitis. 

Et ego Patricius Dodis sacra autoritate apostolica notarius clericus Glasguensis 
diocesis quia premissis omnibus et singulis dum sic ut premittitur dicerentur 
agerentur et fierent vnacum prenominatis testibus presens personaliter interfui 
eaque omnia et singula sic fieri dici sciui vidi et audiui ac in uotam sumpsi Ideo 
hoc presens publicum instrumentum manu mea fideliter scriptum exinde confeci 
signoque nomine meis solitis et consuetis signaui in fidem et testimonium omnium 
et singulorum premissorum rogatus et requisitus. 

Athole SASINE to John Stewabt, son and heir of Neil Stewart of Garth, in the Lands of Killebroach and Easter 

Charter- amj Wester Borannichs. James Stewart of Bouskeid is Attorney. Dated 7th June 1558. 

Room. 

In Dei nomine Amen Per hoc presens publicum instrumentum cunctis pateat euident^r 
quod Anno incarnacionis dominice millesimo quingentesimo quinquagesimo octauo mensis 
vero Junii die septimo indictione pontificatus in Christo patris et Domini nostri domini 
Pauli diuina prouidencia pape quarti anno tercio In mei notarii publici et testium sub- 
scriptorum presenciis Personaliter constitutus honorabilis vir Jacobus Stewart de Bowin- 
scede actornatus honorabilis viri Johannis Stewart filii et heredis quondam Nigelli Stewart 



APPENDIX, 95 

[Je] Garth quoddam sasine precept urn nobilis et potentis domini Patricii domini Gray in 
pargameno scriptum proprio sigillo ipsius nobilis domini cera rubea albe inipressa cum 
pendicula pergaminca impendente sigillatum presentauit prouido viro Johanni Straquhone 
ballino in hac parte specialiter constituto debita cum instancia ipsum requireus quatenus 
ad executionem buius modi precepti indilate accederet: quodquidem preceptura idem 
Johannes Straquhoun reuerencia qua decnit recepit et mihi notario publico subscripto per- 
legendum tradidit Quorum actomati et precepti tenores sequitur [sic] respectiue et de verbo 
in verbum sunt tales et primum quidem actomati tenor sequitur sub hac serie verborum 
Maria Dei gracia regina Scotorum omnibus probis hominibus suis ad quos presentes litere 
peruenerint salutem Sciatis quod suscepimus Jacobum Stewart de Bouinsceide vel eorum 
aliquos vel aliquem actomatos vel actoruatum dilecti nostri Joannis Stewart filii et 
heredis quondam Nigelli Stewart de Garth in omnibus negociis et loquelis plaittis et 
querelis motis seu mouendis ipsum Joannem tangentibus sen tangere valentibus quibus- 
cunque diebus et locis contra quoscunque et coram quibuscunque Quare vobis precepi- 
mus et mandauimus quatenus dictum Jacobum Stewart de Bowinsceide vel eorum aliquos 
vel aliquem quos vel quem presentes vel presentem esse contigerit tanquam actornatos 
(vel actornatum) dicti Joannis in premissis recipiatis presentibus post annum mininie 
valituris In cuius rei testimonium has literas nostras sibi fieri fecimus patentes Apud 
Edinburgh vicesimo quinto die mensis Aprilis Anno regni nostri decimo sexto Et pre- 
cepti dicti tenor sequitur de verbo in verbum sequitur et est talis Patricius dominus Gray 
baro baronie de langforgowun dilectis meis Joanni Banerman Joanni Straquhone et 
vestrum cuilibet coniunctim et diuisim balliuis nostris in hac parte specialiter constitutis 
salutem quia per preceptum regineum e cancellaria Supreme domine nosti-e regine nobis 
directum mandaniur sasinam hereditariam tradere Johanni Stewart filio et heredi 
quondam Nigelli Stewart de Garth omnium et singularum terrarum de Kyllebroacht 
Estir Bowrannych et vestir Bourannych cum pertinenciis jacentium infra vicecomitatum 
de Perth baroniam de Langforgowin et comitatum Atholie et quamuis dicte terre nobis 
in proprietate pertinent non minus ne mandatis non parere videamur vobis precepimus et 
mandauimus quatenus sasinam et statum hereditarium omnium et singularum predictarum 
terrarum de Kyllebroacht estir Bowrannycht et vestir Bowrannycht cum pertinenciis 
prefato Joanni vel suo certo actornato latori presencium per terre et lapidis tradicionem 
ut moris est tradatis et deliberetis saluo Jure cuiuslibet et saluis juribus nostris et sub 
protestacione de non ledendo nostro Jure et absque preiudicio nostre actionis quam circa 
easdem habemus seu ad reductionem actomati dicti Johannis aut aliquorum infeofamen- 
tomm predecessomm suorum de huiusmodi terris et salua etiam actione nostra pro 
reductione presentis precepti et sasine inde sequentis et omnium alionim infeofamentorum 
inde sequentium capiendo eciam securitatein ante omnia quod dictus Johannes nobis 
faciet pro dictis terris cum pertinenciis quod de jure facere tenetur et hoc nuUo niodo 
omittatis Ad quod faciendum vobis et vestrum cuilibet nostram plenariam et irreuo- 
cabilem tenore presencium comraittimus pot^tatem In cuius rei testimonium presenti- 
bus manu nostra subscriptis sigillum nostrum est appensum Apud Edinburgh penvltimo 
die mensis Januarii Anno millesimo quingentesimo cjuinquagesimo septinio Coram his 
testibus Georgio Gray Eoberto Gray et Johanne Alytht testibus subscriptis eiusdeni 
precepti .... Post earundem precepti et actomati presontacionem recepcionem 
lecturam et in vulgari per me notarium subscriptum exposicionem prefatus Joannes 
Straquahome balliuus ut supra personaliter accessit ad terras de Kyllebroacht antedictcw 
ibique virtute prenominati precepti et actomati et eo nomine dicti Joannis prefato Jacobo 
Stewart de Bowuniscede actornato dicti Joannis Stewart filii et heredis quondam Nigelli 
Stewart de Garth statum Sasinam hereditariam et possessionem actualem et corporalem 
omnium et singulamm predictarum terrarum de Kyllebroacht cum pertinenciis super 
solum seu fundum earundem terramm per terre et lapidis donacionem et tradicionem 
secundum tenorem infeofamenti dicti Joannis saluo jure cuiuslibet ut moris est tradidit 
dedit at<[ue deliberauit demum depost Idem Joannes Straquhone etiam accessit ad 
antefatas terras de estir Bourannycht et vestir Bowrannycht ibidemque eidem Jacobo 



96 THE STEWARTS OF FORTHERGILL. 

Stewart de Bownisceide nomine dicti Joannis Stewart filii et heredis quondam Nigelli 
Stewart de Garth statum sasinam bereditariam et possessionem dictarum terrarum de 
estir Bowrannycht et vestir Bowrannycht cum pertinenciis per terre et lapidis tradi- 
cionem super solum earundem similiter tradidit atque deliberauit et hoc eciam secundum 
tenorem sui infeofamenti de et super quibus omnibus et singulis premissis sepedictus 
Jacobus Stewart actornatus dicti Joannis Stewart filii et heredis quondam Nigelli Stewart 
de Garth a me notario publico subscripto sibi fieri peciit vnum vel plura publicum seu 
publica instrumentum seu instrumenta Acta erant hec in villis de Kyllebroachane estir 
Bourannych et vestir Bourannych horis nona et decima ante meridiem vel eo circa sub 
anno niense die indictione et pontificatu supradictis Presentibus ibidem Johanna Stewart 
MakWilliam. 

Et ego Eobertus Robertson clericus Dunkeldensis diocesis sacra autoritate apostolica 
notarius quia premissis omnibus et singulis dum sic vt premittitur dicerentur 
agerentur et fierent vnacum prenominatis testibus presens personaliter inlerfui 
eaque omnia et singula sic fieri dici sciui vidi audiui ac in uotam sumpsi Ideo 
hoc presens instrumentum manu aliena fideliter scriptum exinde confeci signoque 
nomine et cognomine meis solitis et consuetis signaui in fidem et testimonium 
omnium et singulorum premissorum rogatus et requisitus. R R. 

Eobertus Robertson notarius manu sua. 

Atliole PRECEPT of SASINE by John Earl of Atiioll in favour of John Stewart, son and apparent heir of 

Charter- j^gil Stewart of Garth, in the Lands of Innerquhaddane, Dalchossing, etc. Dated 18th May 1661. 

Room. 

Joannes comes Atholie et Dominus de Balwany etc Dilectis nostris Wilhelmus [sic] 
Stewart de Gartunlie Georgius [sic] Lesly balliuis nostris in hac parte coniunctim et diuisim 
specialiter constitutis salutem quia hereditarie dedimus et concessimus dilecto nostro 
consanguineo Joanni Stewart filio et apparenti heredi quondam Nigelli Stewart de Garth 
et heredibus suis masculis de corpore suo legittime procreandis precise omnes et singulas 
terras nostras infrascriptas viz. terras de Innerquhaddane Dalchossing Tempair Lassin- 
tuUycht Tullychtcrosk et duas meixjatas terrarum de Kennequhan extendentes in toto 
ad sexdecim libratas terrarum antiqui extentus cum pertinenciis vobis igitur et vestrum 
cuilibet precipimus et mandamus quatenus visis presentibus Indilate Statum Sasinam 
bereditariam Et possessionem realem corporalem et actualem predictarum terrarum de 
Innerquhaddane Dalchossing Tempair LassintuUycht Tullychtcrosk et duarum mercarum 
terrarum de Kennequhane cum pertinenciis dicto Johanni vel suo certo actomato latori 
presencium secundum tenorem carte nostre sibi desuper confecte juste haberi faciatis et 
deliberetis Et hoc nuUo modo omittatis Ad quod faciendem Vobis et vestrum cuilibet 
coniunctim et diuisim nostram plenariam et irreuocabilem tenore presencium committimus 
potestatem In cuius rei testimonium Sigillum nostrum proprium presentibus manu 
nostra subscriptis est appensum Apud ciuitatem Dunkeldensem decimo octauo die 
mensis Maii Anno Domini j*" v® sexagesimo primo. Testibus Willelmo Stewart de 
GrantuUe, Eoberto Leslie de Arthourscheir, Georgio Leslie de Wrquhill, Joanne Stewart 
apparente de Murey et Eoberto Flemyng de Mones. 

Jhone erll of Atholl. 

Athole SASINE, propriis suis manibiis, by John Stewart of Bonrannich, Superior, in favour of John Stewart, son 

Charter- ^f James Stewart of Bonskeid and Janet Stewart, his wife, in the Lands of KiUebrochane, Bonskeid, 

^°^™- and Borannichs, Dated 12th June 1563. 

In Dei nomine Amen Per hoc presens publicum instrumentum cunctis pateat 
euidenter et sit notum quod anno incarnacionis dominice millesimo quingentesimo sexa- 
gesimo tercio mensis vero Junii die duodecima indiccione sexta Pontificatus in Cristo 
patris et Domini nostri Dominii Pii diuina prouidencia pape quarti anno quarto In 
mei notarii publici et testium subscriptomm presencia personaliter constitutus honora- 



APPENDIX. 97 

bills vir Joannes Stewart de l^unrannoch Superior terrarura de Kellebroquhane cum pen- 
diciilis et pertinenciis Jacentium in baronia de Langforgone et infra vicecomitatum de 
Pertht accessit huiusmodi terras cum pendiculis et pertinenciis viz. Killebrochtquliane 
Bonskeid et duas Borannichis et ibidem super solum seu fundum earumdem respective 
et singillatim Idem Joannes Stewart Statum sasinam et possessionem hereditariam 
dictarum terranim cum pertinenciis Joanni Stewart filio legitimo Jacobi Stewart de 
Bonskeid genito interipsum et Jonetam Stewart eius sponsam modemam suis propriis 
mauibus per terre et lapidis tradicionem tradidit et deliberauit secundum formam et 
tenorem carte et euidentis desuper confectorum reseruans dicto Jacobo Stewart suo vitali 
redditu et libero t^nemento dictarum terrarum cum pertinenciis et prefat^ Jonete 
Stewart sua couiuncta infeodacione de huiusmodi terris sine aliqua parte earumdem alias 
sibi data et concessa et racionabili tercia earumdem terrarum pro toto tempore vite sue 
Quequidem terre de Killebrochtquhaue Bonskeid et Borannichis cum pertinenciis fuerunt 
prius predicti Jacobi Stewart hereditarie et terre de Borannichis in vitali redditu perti- 
nentes dicte Jonete et quas eciani terras de Bonskeid Killebrochtquhaue et Borannichis 
cum pertinenciis ipse Jacobus Stewart et Joneta eius sponsa respective et singillatim 
non vi aut metu ducti nee errore lapsi (ut apparuit) sed ex suis meris liberis et spontaneis 
voluntatibus in manibus dicti Joannis Stewart de Banrannocht tanquam in manibus 
superioris earumdem per fustem et baculum sursum reddideruut pureque et simpliciter 
resignarunt reseruantes ipsis vitali redditu earumdem terrarum ut premittitur qua resigna- 
cione sic facta et per dictum Joannem Stewart de Bunrannocht admissa Idem Joannes 
huiusmodi terras cum pertinenciis dicto Joanni Stewart filio legitimo dicti Jacobi et 
Jonete tunc presenti statum contulit dedit concessit et donauit secundum formam et 
tenorem autiqui infeofamenti carte et euidentis alias desuper confectorum reseruans 
dicto Jacobo vitali redditu et libero tenemento dictarum terrarum et Jonete Stewart eius 
vitali redditu terrarum de Borannichis et racionabili terrarum [sic] singularum dictarum 
terrarum Solempnitatibus in similibus solitis et consuetis debite obseruatis super quibus 
omnibus et singulis dicti Jacobus Stewart et Joneta Stewart nominibus propriis et dicti 
Joannis eorum filii a me notario publico subscripto instrumenta petierunt Acta erant hec 
super fundum dictarum respective terrarum horis respective prima secunda et quarta 
pomeridianis sub anno die mense indiccione et pontificatu quibus supra Ibidem pro 
tunc Jacobo Stewart in Fancastell Alexandre Stewart in Bofrak Jacobo Stewart de 
Pitdome Joanne Stewart et Alexandre Stewart fratribus germanis Donaldo M'Allester 
W^Gillelane et Willelmo Douglas testibus ad premissa vocatis et requisitis. 

£t ego Duncanus M'Nair Clericus Dunblanensis Diocesis publicus sacra autoritate 
apostolica notarius quia premissis omnibus et singulis dum sic vt premittitur 
dicerentur agerentur ac fierent vnacum prenominatis testibus presens interfui 
eaque et singula sic fieri et dici vidi sciui et audiui ac in uotam cepi ex qua 
hoc presens publicum instrumentum manu mea scriptum confeci siguoque 
nomine cognomine et subscripcione meis solitis et consuetis signaui in fidem 
robur et testimonium veritatis omnium *et siugulorum premissorum rogatus et 
requisitus. 



DEEDS RELATING TO MARIE STEWART OF GARTH. 

COMMISSION under the Great Seal, appointing the Sheriff of Perth to act as Sheriff of Nairn, in the service Athole 
of Mabt Stewaut to her father, Neil Stewart of Forthergill, in the Lands of Clones in Nairn, and Charter- 
Balrannoch in Perth. Dated 28rd May 1677. ^oom. 

Jacobus Dei gratia Rex Scotorum Omnibus probis hominibus suis ad quos presentes 
litere perueuerint salutem Sciatis quod dilecta nostra Maria Stewart filia et heres appa- 



98 THE STEWARTS OF FORTHERGILL, 

rens quondam Nigelli Stewart de Fortregill per suam supplicationem nostri consilii 
dominis porrectam exposuit quod ipsa impetratura est breuia inquisitiouis capelle nostre 
vt deseniiatur tanquam propinquior et legitima heres dicto suo quondam patri de totis et 
integris terris de Clunes jacentibus infra vicecomitatum nostrum de Name ac de terris 
de Balrannoch jacentibus infra vicecomitatum nostrum de Perth In quibus dictus eius 
quondam pater obiit ultimo vestitus et sasitus vt de feodo Et quia prenominate terre in 
diuersis nostris vicecomitatibus jacent Et quod Joannes Campbell de Caldour vicecomes 
dicti nostri vicecomitatus de Name extat coram quo dicta Maria justiciam nee seruicium 
dictorum suorum breuium habitura non est Eatione inimicitie et bilis que inter consan- 
guineum nostrum Atholie comitem consanguineum et capitalem domiuum dicte Marie 
suosque amicos ex parte vna ac consanguineum nostrum Ergadie comitem suosque con- 
sanguineos et amicos ex parte altera orta extitit et adhuc extat de quibus dictus Joannes 
Campbell de Caldor vicecomes antedictus de principalibus vnus est Et quod dicta Maria 
in partibus illis pro deseruitione dictorum suorum breuium sine conuocatione suorum 
amicorum accedere non valet quod inconvenientias inter dictas partes generare potest Ac 
etiam mille sunt persone infra dictum nostrum vicecomitatum de Name commorantes 
Judicii nee cognicionis ad decernendum super validitetem infeofamentemm et euidencia- 
rum dicte Marie quibus ipsa de dictis terris deseruiri debet nee judicium desuper cogno- 
scendi habent Igitur cum dicte terre in variis nostris vicecomitatibus vt premissum est 
jacent eo respectu ac pro aliis causis superius expressis prefatis nostri consilii dominis 
cognitis nostra commissio sibi dari et concedi debet faciens et constituens vicecomitem 
nostrum de Perth et deputatos suos vicecomites dicti nostri vicecomitatus de Name in 
hac parte pro desemitione dictorum suomm breuium vna et coniunctim ad evitandas 
inconvenientias magnosque labores et expensas ac ad sedendum in pretorio burgi nostri 
de Perth ad hunc effectum cum loco dispensans ac eundem adeo legitimum ac si preto- 
rium burgi nostri de Name pro causis antedictis admittens ac etiam quia quondam 
Joannes Stewart frater dicte Marie qui tanquam heres prefato suo quondam patri de 
dictis terris perprius succedere debebat pro eisdem causis Nostram commissionem a 
dictis nostri consilii dominis pro desemitione sui de eisdem tanquam heredis prefato 
quondam Nigello Stewart eius patri obtinuit et interim minime deseruitus obiit Prout 
dicta commissio desuper coram prefatis dominis onerose proportat ac in dicta supplica- 
tione plenius continctur Nos igitur ex dictorum dominorum deliberatione fecimus 
constituimus et ordinauimus ac presentium tenore facimus constituimus et ordinamus 
vicecomitem nostrum de Perth et deputatos suos vicecomites dicti nostri vicecomitatus 
de Name in hac parte pro deseruitione breuium dicte Marie de dictis terris de Clunes 
dantes concedentes et committentes iisdem nostram plenam potestatem et mandatum 
speciale breuia antedicta infra dictum pretorium burgi nostri de Perth proclamari et 
debite deseruiri ad eflFectum prescriptum faciendi Curiam seu curias dicti nostri vice- 
comitatus intra dictum pretorium ad eflFectum suprascriptum statuendi inchoandi 
aftigendi aflBrmandi tenendi et quoties opus fuerit continuandi Clericos seriandos adiudi- 
catores omnesque alios ofificiarios et curie membra necessaria faciendi creandi et jurari 
causandi pro quibus respondere tenebuntur luquisitiones dicti nostri vicecomitatus de 
Name et aliarum quatuor dimidietatum circa jacentium ad comparendum coram ipsis ad 
exeuudum super dicta deseruitione quoties necesse fuerit quamlibet personam sub pena 
viginti librarum summoniendi eligendi et jurari causandi Et generaliter omnia alia et 
singula faciendi dicendi gerendi et exercendi que in premissis et circa ea necessaria fuerit 
seu quomodolibet oportuna Insuper dictum pretorium burgi nostri de Perth adeo legiti- 
mum ac si pretorium burgi nostri de Name ad effectum suprascriptum per presentes 
admittimus et cum loco desuper dispensamus Quare vniuersis et singulis quomm interest 
vel interesse poterit stricte precipimus et mandamus quatenus dictis vicecomiti nostro 
de Perth et deputatis suis tanquam vicecomitibus vicecomitatus nostri de Narne in hoc 
parte suis ofificiariis et ministris in omnibus et singulis premissa tangentibus prompte 
pareant respondeant et intendant Sub omni pena que competere poterit in hac parte 
Mandamus eciam Preposito et balliuis burgi nostri de Perth ut juramenta dicti nostri 



APPENDIX. 



99 



1677. 



vicecomitis de Perth et deputatorum suorum pro vera et fiJeli administratione justicie in 
dicta materia pro deseruitione breuiuiu dicte Marie antedictorum accipiant quibus pre- 
posito et balliuis Nos ad huiusmodi eifectum per preseutes potestatem coinmittimus 
Datum sub testimonio nostri magni Sigilli Apud Edinburgh vieesimo tercio die meusis 
Maii Anno Domini Millesimo quingentesimo septuagesimo septimo Et regni nostri 
decimo. 

Ex deliberatione dominorum Consilii etc. 
Commissio. 

INQUEST on the service of Marie Stewart, as heir to John Stewart, her brother, and Neil Stewart of Bonskeid 

Forthergill, her father. 29th July 1577. 9!?r**^"' 

Per Joannem Peblis burgensem de Perth vicecomitem Deputatum vigesimo nono 
die mensis Julii Anno Domini millesimo quingentesimo septuagesimo septimo vir- 
tute literarum dispensationis S. D. N. Regis ex deliberatione Dominorum ConsiliL 
The quhilk Day compeirit in iudgment Mr. Alexander Skein and William Ramsay 
actomayis for Mario Stewart and producit tua brewis of our Sowerane Lordis Chappell 
purchessit at hir instance deulie execut and indorsit and clamit and set to be servit this 
day The ane to be serwit as neirest and lauchfull air to vmquhill Jhone Steuart hir 
brother of all and sindrie the landis of Kailebrochane eister baranycht and vester 
baranycht vith the pertinentis and the vther to be servit as neirest and laufull air to 
vnquhill Neill Steuart of forthirgall hir father of the landis of Craichtgorrow Mone- 
grane and teneueschebeig contenit in the clamis producit quhilkis breiwis and clamis 
being opinlie red in iudgment the executionis of the saidis breiwis verefeit be William 
Suordmair executer thairof Jhone Banerman cary Jhone Moncur messinger and Thomas 
Gaw notcr vitnes thairin contenit and all parteis hawand or pretendand to hawe entress 
diuers tymis callit lauchfull tym of day biddin and nain compeirand Quhair\'poun the 
producteris of the saidis brewis and clamis tuik act and desynt the samyn to be put to 
the knawledge of ane inquest and producit the shirefis precept dewlie execut and indor- 
sat vpone the personis of inquest following to that effect. 

The quhilk day compeirt in iudgment Jhone Steuart of bonskeid vith assistance of 
Alexander Steuart of Cars and James Steuart in fancastell his curatouris for thair entress 
and producit ane instrument of saising beiring him to be saisit heretablie in the landis 
of kailziebrochan contenit in the clame haldin be him Immediatlie of the said Jhone 
Steuart quhom to scho desyris to be servit air as the said saising of the dait the tuelf day 
of Junii the zeir of god Jm vc Lxiij zeiris vnder the signe and Subscriptioun of Duncane 
M'Nair noter beiris and protestit thairfoir that the service of the said Marie of the saidis 
landis be nocht hurt to him nor his rycht of the saidis landis. 

Theirefter the said Jhone Steuart and his curatouris foirsaidis for thair entres tuik 
vp the said sasing again and past fra the productioun thairof or vsing of the samyn 
outher bcfoir the iudge or inquest. 

The Judge ordanis the saidis breiwis and clamis to be put to the knawledge of ane 
inquest becaus na pairtie compeirit [to] obiect thair againis and ordanis the inqueist to be 
callit quhairvpoun the saidis actomayis for the said Marie Steuart tuik act. 

AssiSA. 
Jhone Blair of bagillo. David Rettray of Craighall. 

Petir Hay of Meginche. Jhone Fergusoun of derkhullich. 

William Kymman of Hill. Alex' Steuart of Cars. 

Patrik Steuart of Stuikis. Andro Blair of Ardblair. 

George Drummond of Blair. Jhone Steuart of Pitfurie. 

Thomas Steuart of Kynnaird. 

Robert Flemyng of Mones. 

Neill Steuart of fois. 

Jhone Steuart of bothespik. 

Jhone Banerman of kardney. 



lOO THE STEWARTS OF FOR THE RG ILL. 

The productouris of the saidis brewis and clamis tuik act and instrument that the 
samyn var put to the knawledge of ane inqueist and that na pairtie compeirit to obiect 
thair againis and also that the inqueist tuik act thairvpoun and that the said sasing ves 
tane vp be the said Jhone Steuart and his Curatouris for thair entress and nocht vsit be 
them and that the sasing vas nocht producit befoir the said inqueist bot only befoir the 
admitting of tham quhilk ves tane vp as said is. 

The said Mr. Alexander Skein and William Ramsay actomayis for the said Marie 
Steuart for instructing of the saidis clamis anent the landis of kailzebrochan eister-bar- 
ranycht and vester-barranycht vith thair pertinentis producit ane extract of the retoure 
quhair vmquhill Sir Jhone Steuart ves servit and retourit as sone and air to vnquhill 
Neill Steuart of the saidis landis of kailzebrochan daitit the penult day of Nouember the 
zeir of god Jm vc Liii and als producit ane precept of vmquhill Andro Lord Gray 
gewand command to gif sasing to vnquhill Neill Steuart sone to vnquhill Neill Steuart 
of forthirgall of all and haill the landis of kailzebrochan eister barranycht vester bar- 
ranycht vith thair pertinentis daitit the thrid day of Nouember the zeir of god Jm v^ 
zeiris Item for the mair superabundance producit the said vnquhill Neill his sasing 
of the landis of Killebrochan vith the pertinentis per Sigillum in Secunda cauda daitit at 
foulis the tuentie-sext day of Apryll the zeir of god Jm vc sewintie-aucht zeiris ^ Item 
also producit ane Instrument of Sasing gewin vpone ane precept of Clare constat be 
vnquhill Andro Lord gray Superior of the saidis landis of killebrochan eister barranycht 
and vester barranycht vith thair pertinentis quhairby the said vnquhill Neill sone to the 
said vnquhill Neill Steuart of forthirgall vas saisit in the foirsaidis landis of kailziebrochan 
eister barranycht vester barranycht daitit the fyftein day of Apryll the zeir of god Jm 
v^ and ane zeiris Henrie Walcar being noter thairto and siclyk producit ane saising of 
vnquhill Jhone Steuart brother to the said Marie quhairby he vas sasit be ane precept 
direct be Patrik Lord Gray be vertew of chairgis direct furth of the chancellarie in all 
and haill the landis of Killiebrochan eister barranycht and Wester banunycht daitit the 
sewint day of Julii the zeir of god Jm v^ fyftie-aucht vnder the not signe and subscrip- 
tioun of Robert Robertsone noter And for instructing of the said clame anent the saidis 
landis of Craigarrow Monegrane and thrid pairt landis of teneweschebeig producit ane 
retour quhair vnquhyll Neill Steuart ves servit and retourit as sone and air to 
vnquhyll Neill Steuart of forthirgall his father of the same landis vith thair per- 
tinentis as the said retoure daitit the tuentie day of Maii the zeir of Jm v^ zeiris beiris 
And als producit ane instrument of sasing quhairby vnquhyll Neill Steuart of forthirgall 
ves sasit as sone and air to vnquyll Neill Steuart of forthirgall his father Iii all and haill 
the saidis landis of crochtgarrow moneygrane and thrid pairt landis of teneueschebeig vith 
thair pertinentis be vertew of ane precept of clareconstat gewin be vnquhill Jhone Mon- 
creiff of that ilk Superior thairof as the said instrument daitit the zeir of god Jm v® zeiris 
vnder the not signe and subscriptioun of vnquhyll Henrie Walcar noter at lenth beiris 
In respect of the quhilk peices and evidentis producit the productouris thair of foirsaidis 
desyrit the said inqueist to serve the said Marie Steuart aflirmative according thairto 
breevis and clamis producit beeaus na pairtie compeirit to obiect thair againis as said is 
and thairvpoun tuik act. 

Qui Jurati dicunt quod quondam Joannes Steuart frater Marie Steuart Latricis pre- 
sentium obiit vltimo vestitus et sasitus vt feodo ad fidem et pacem domini nostri regis 
do omnibus et singulis terris de kailzebrochan eisteir barranycht vester barranycht cum- 
pertinentiis Jacentibus infra vicecomitatum de Perth baroniam de Langforgoun et comi- 
tatum Atholie et quod dicta Marie est legittima et propinquior heres eiusdem quondam 
Joannis fratris sui de omnibus et singulis dictis terris de kailbrochan eister barranycht 
wester barranycht cum pertinentiis et quod est legittime etatis et quod dicte terre de 
kailzebrochan cum pertinentiis valent nunc per annum xxviij mercis vj* viij^ et in tempore 
pacis nouem mercis et quod dicte terre de eister barranycht et Wester barranycht cum 
pertinentiis valent nunc per annum duodecem mercis et in tempore pacis xx* et quod 

* Thia is probably a clerical error for 1478. 



APPENDIX. lOi 

omnes et singule predicte terre de Killzebrochan eister barranycht et vester barranycht 
tenentur in capite de Patricio Domino de Gray heredibus suis et assignatis viz. prefate terre 
de kailzebrochan pro solutione vnius denarii monete Scotie currentis Super Solum dicta- 
rum terrarum nomine albe firme si petatur tantum et dicte terre de Eister barranycht 
et Wester barranycht cum pertinentiis per servitium wardi et relewii et quod omnes et 
singule predicte terre de kailzebrochan eister barranycht and [sic] vester barranycht cum 
pertinentiis nunc existunt provt existebant in manibus dicti patricii Domini de Gray tan- 
quam in manibus sui superioris earumdem per spatium vnius termini vltimo preteriti aut 
eo circa ratione non introitus et id ob caussam mortis dicti quondam Joannis iratris sui 
in defectu dicte Marie sui veri heredis earumdem ius suum hucvsque minime prosequen- 
tis. In cuius Rei testimonium, etc. 



DEEDS AND DOCUMENTS RELATING TO THE STEWARTS OF BONSKEID. 

ABRIDGMENT of Testament of Jam eh Stewart of Bonskeid. Confirmed 28tb January 1567. Edinbnrgh 

The testament testamentar and inventar of the gudis and geir and dettis pertening Testaments, 
to umquhile James Stewart of Bonskind, the tyme of his deceis quha deceist vpoune the 
sextene day of the moneth of October the zeir of God j°* thrie scoir fyve zeirs, faithfullie 
maid and gevin up be himself immediatlie afoir the tyme of his deceis foirsaid befor 
thir witnesses James Stewart of Beldormye, James Stewart in Fancastell, Sir Andrew 
Lowne, Vicar of Blair-in-Athole, etc. In the first the said umquhile James Stewart, con- 
fessit and grantit him to haif had the tyme of his deceis, foirsaid the gudis geir and comis 
following perteining to him as his awin propir guidis viz. fourtene oxen price of the pece 
four pundis summa fiftie-sex pundis. Item twentie ky price of the pece thrie pimds sex s. 
viij** summa threescoir sex pundis sex s. viij*** Item four zoung quoykis price of the 

E3ce fourtie s. summa aucht pundis. Item four stirkis price of the pece xiij*- iiij*^ summa 
iii*- iiij**- Item thriescoir of auld scheip price of the pece aucht s. summa iiij*^^ Item 
zoung scheip price of the pece sex s. summa sex lib. Item fyve auld werk horsis price of the 
pece Liij"- iiij*^ summa threttene pundis sex s. viij**- Item xx wyld meiris price of the 
pece foure lib. summa foure scoir pundis. Item sex zeirling foillis folloand the saidis 
meiris, price of the pece fourty s. summa twelf pundis. Item seven scoir boUis of small 
aittis for horse come price of the boll sex s. viij**- summa fourty-sex lib. xiiij* iiij**- Item 
threttie-twa bollis of beir price of the boll xiij*- iiij**' summa twentie-ane pundis sex s. 
viij*** Item of insycht geir estimate to foure pundis. Summa of the Inventar is iij^ xi"^- 
xiij*- iiij**- 

Na dettis awing to the deid. Among the debts due by the deceased are : Item to James 
Stewart of Petdoran of lent siluer foure pundis xiij* iiij^ Item to James Stewart in 
Fancastell for his teyndis of Bonskind of the crope J°* v^' Ixv zeris, twenty-sex s. viij**- 
Item to John Stewart of Bunranocht superior of his landis for entrie of his sone afoir his 
deceis sex lib. xiij*- iiij**- 

Summa of the dettis awing be the deid is Ixij^^ ix"- viij*^ Restis of frie geir dettis 
deducit ij*^- Lxxviij"^- iij* viij*'^- 

Latter Will and Leoacie. 

Sen nathing is mair certane than deith nor nathing mair uncertane than the houre 
of deith, I, James Stewart of Bonskind, makis my testament in the manner abone 
written and levis my saule to the Almighty God, and ordanis my body to be bureit in 
the kirk of Blair in Athole. Item be thir presentis I constitut and ordanis William 
Stewart of Grantuly and James Stewart in Fancastell tutors and curators to Johne 
Stewart, my son and air and to the rest of my baimis and constitutis thame be thair 
names the foirsaidis W" and James my executoris to dispone my gudis and geir pay 
the creditoures and to do and exerce all and quhatsumever thingis perteining to the 
office of executorie as thay will answer to the Eternal God. Sic subscribitur, Sir 
Archibald Lown, vicar of Blair in Athole, with my hand. 



r02 THE STEWARTS OF FORTHERGILJL 

Bonskeid AGREEMENT between John Earl of Athole and the friends of nmquhile James Stewart of Bonskeid, 

Charters. as to care of his Bairns, Lands, and Geir. 16th March 1567. 

At Diinkelden the sextene day of Merche the zeir of God Jm v* threscoir sewin zeiris 
ane nobill and mychty Lord Johen erll of Atholl, lord of balwany, etc. and the freindis 
of wmquhill James Stewart of boniskeid be thir presentis ordanis that the bamis landis 
and geir of the said wmquhill James Stewart of boniskeid be vsit in maner following 
that is to say James Stewart in pitdorme sail haue ane las with hir bamis pairt of geir 
guhilk extendis to sexscoir of merkis and James Stewart in Fancastell sail haue ane 
Lawud and tuay lasses with thair bamis pairt of geir extending to auchtene scoir of 
merkis quhilks barnis the said James Stewart in fancastell and James Stewart in Pitdomie 
sail wphalde and sustene honestlie as efferis vpoun the excesence of thair said barnis 
pairt of geir onto the tyme that the saidis lasses be fourtene zeris of age and the said 
Lawude be of lauchtfuU and perfyte age and that the Landis viz. the fywe-merk land 
of bonskeid with the mill and pertinence be sett to tenentis be James Stewart in fan- 
castell zeirlie for tuenty-four bollis victual alauerlie and the tuay-merk land of kUle- 
brochtcjuhane be possessit be James Stewart in pitdorme for the zeirlie payment of four 
merkis maill and four bollis beir and the said Stewart in fancastell to haue the fisching 
for to do Weill to the barnis and the profeitt of the landis and mill foirsaidis to be vsit in 
this manair viz. James Stewart in fancastell and James Stewart in pitdorme sail mak 
compt and rakinyng thairof zeirlie to William Stewart of grantullie Neill Stewart of 
grannycht and Johen Carlochsoun of monzeis to be put zeirlie to the vtilite and profeitt 
of Johen Stewart now of bonskeid pupill and quhow soun the said Johen Stewart beis 
put to the scoulis the said James Stewart in fancastell sail haue tuelf bollis victuall 
zeirlie allowit to him togidder with the profeit of his bamis pairt of geir for his susten- 
tatioun at the scoulis zeirlie and the saidis James and James Stewartis sail act thame in 
the (Jommissaris buikis of Dunkeld for payment and deliuerance of the saidis sowmis 
respective Ilk ane for thair awin pairt viz. Sex Scoir of merkis to ilk ane of the saidis 
lasses quhow soun thai be xiiij zeir auld at the faytht of the said nobill Lord and 
vther freindis to be warit to thair profeit and sex scoir of merkis to the said Lawde 
quhow soun he beis of lauchtfull and perfite age and giff ony of the saidis bamis 
deis that bamis pairt of geir to be equalie distributit amangis the rest of the lasses 
lewand and Neill Stewart of grannycht and Johen Stewart of TuUypoweris ar oblist 
coniunctlie and seueralie cautioneris for James Stewart in fancastell pairt and Johen 
Carlochtsoun of monzeis and Johen M'anetois in terrane in lik manair ar oblist cau- 
tioneris coniunctlie and seueralie for James Stewart in pitdormeis pairt ondir the pane 
of pounding and the saidis James and James Stewartis ar oblist to releiff thair cau- 
tioneris in the premisses and als ar oblist for thame selfis thair airis and assignais to 
remoiff thame selfis thair guddis and familie fra all the said Johen Stewart of bonskeidis 
landis and Rowmis quhow soun he beis of lauchtfull and perfite age. Eodem die the 
saidis James Stewart in fancastell and James Stewart in pitdorme and als thair cautioneris 
respective foirsaidis ar bund and oblist of thair awin propir confessionis to folfill obserue 
and kcipe the abonewrittin ordinance and obligatioun in all pointis in sa far as concemis 
Ilk ane of thame ondir the pane of pounding. Testibus Joanne Stewart de pitfoure 
Andrea Small and Patricio Reid. 

DuNCANUS M'Nair, notarius, ad hec requisitus 
manu sua scripta. 

(Dorso) Contract or obligatioun twixt the Earl of Athol and James Stewart of Fon- 
caslle and James Stewart of Pitdomy Anent the Management of the Children of the 
deceast James Stewart of Bonskeid, viz. a son and two [sic] daughters. 1567. 



APPENDIX. 



103 



CONTRACT or MARRIAGE between John Stewart of Bonskeia, with consent of James Stewart in Fiucastell Bpnskeid 
and of John Earl of Athole, William Stewart of GrandtuUy, and others, on the one part; and Alexander ^"*'^"» 
Stewart of Carse, acting for his daughter Margaret, on the other part. Dated 11th October 1572. 

At Perthe the Ellevint day of October The zeir of god ane thousand fyv'c hundreth 
and thrie scoir tuelf zeiris It is appoyntit contrakit finallie endit and aggreit betuix 
honorabill pairteis Johne Stewarte of bunskinde pupill and minor annis with the expres 
consent assent counsale and auctoritee of James Stewarte in fi'anecastell his tutour testa- 
mentar Interuenyng also the avise counsale consent and assent of ane nobill and 
mychtie Lorde Johne Erie of Athole lord of baluenye his cheif, etc. Williame Stewarte of 
Grantullie and vtheris his kyn and freindis vndersubscryvand and assentand heirto for 
thair entres respectiue In actestatioun that the said nobill Lorde his cheif foirsaid with 
vtheris his kyn and freindis is content that the mariage vnderwrittin and all vthir thing 
thairon dependand foUowand tak full effect in the self and that na fraude gyle nor 
dissait sail intoruene to him in contraking heirof now in his infancie as gif he than war 
of perfyte age to performe the samyne himself be his awine counsale on the ane parte 
and Alexander Stewarte of Cars for him self and takand the burding on him for Margaret 
Stewarte his lauchfuU dochter now constitute in hir virginitie on the vthir parte in 
manere forme and effect as eftir followis That is to say the said Johne Stewarte God 
willing Eftir that he be recognoscit of fourtcne zeris of aige entroun That he within the 
space of sex monethis immediatlie thaireftir following as he beis requirit be the said 
Alexander Sail marye and to wyfe have the said Margaret Stewarte And sail compleit 
and solemnizat the band of matrimonye with her in face of htUie kirk and the congrega- 
tioun quhat tyme it sail pleis the said Alexander to require him thairto And als the 
said Johne Stewarte eftir the furthrynning of his zeris of tutorie Sail immediatlie their- 
eftir following lauchfullie cheis and elect to him self curatouris ane or may conforme to 
the act of Parliament maid thairanent in sik caisses and thane befoir the completing of 
the said band with consent of his said curatouris Intuitu matrimonii tantum Sail deulie 
and sufficientlie infeft be chairtir and precept of sasing the said Margaret his future 
spous constitute in hir virginitie in liferent for all the dayis of hir life And the airis 
male lauchfullie to be gottin betuix him and the said Margaret be tytill of pure aliena* 
tioun In all and haill his landis vndirwrittin, viz. In the haill tua-mark land of the myltoun 
of bunskinde of auld extent and rurynartour with the mylne and mylne landis of the 
samyne and thair pertinentis and in the tua-mark land of auld extent of Kyllebrochane 
with thair pendiclis and pertinentis Lyand within the baronie of Langforgimd and 
scherrefdome of Perth To be haldin of him self in has fee for payment to him and his airis 
zeirlie of ane pennye and rychsua to be haldin of his immediat Superiour conforme to the 
balding he hes thairof conforme to the infeftment maid to him thairai)one Othir be 
resignatioun or confirmatioun as sail best pleis the said Alexander to Require and accept 
And Sail warrand the samyne to hir in liferent and hir airis foirsaidis free of all ward 
releif and nonintree Ladeis terceis, etc. And sail do and renew the samyne sa oft and ay 
and (}uhill the said Margaret and hir contrakeris find hir self to be sufficientlie infeft 
thairintill And Sail mak hir all vthir Securitie necessare thairapone as efferis ffor the 
quhilk cans the said Alexander Sail content pay and deliuer to the said Johne in name 
of tochir with the said Margaret the sowme of fyve hundreth markis money of this realme 
at termes following Thairof tua hundreth markis at the completing of the said mariage 
and the vther thrie hundreth markis in compleit payment of the said fyve hundreth 
markis within tua zeir nixt thaireftir And the said nobill Lorde contrakeris and freindis 
vndersubscryvand bindis and oblisses thame faythfullie thair airis to fortefye mainteine 
and defend the said Johne Stewarte pupill and his airis in all his landis heretages and 
possessionis And Sail nocht trubill nor molest him thairintill be thame selfis nor na vthir 
that thai may Latt in all tyme cuming And heirto baith the saidis pairteis hincinde hes 
bundin and oblist thame thair airis executouris and assignais to obserue keip and fulfill 



104 



THE STEWARTS OF FORTHERGILL. 



' 



all and sindrie heiddis poyntis and clausses heirof to vtheris And to that effect that thai 
cum nocht in the contrar heirof Be thir presentis nemmis and constitutes Maisturis Henrie 
Kynros, Johne Scharpe, Duncane M'Nair. Thair procuratouris coniunctlie and seuirlie 
to compeir in thair names to that effect Promittentes de Rato absque Reuocatione 
In witnes of the quhilk thing baith the saidis pairteis hinc inde for thame selfis hes 
subscriuit this present contrak with thair handis and be the notar vndirwrittin at 
thair commandis zeir day and place foirsaid Befoir thir witnes Johne Murray apperand 
of Tibbirmure John Stewart of TuUepowieis Andro Stoupe burges of Perth, Schir 
Duncane M^Lagane redar in Dull Schir Thomas Glas, and Johne Dauidsoune, noter 
publict admittit. 

Jhone Steuart of bunskeyd vith my hand. 

James Stewart tutoure with my hand on the 
pen led be Jhone Dauidsoune notar publict 
admittit. 

Alexander Stewart of Cars. 

Joannes Dauidsoune Natarius publicus admissus ac testis in premissis Reqnisitus 
de mandatis dictorum Joannis Stewart Jacobi tutoris et Alexandri Stewart con- 
trahentium respectiue manu sua. 

Atholl. 

W. Stewart off grantullye. 

JoHANE Stewart off TuUipuries, etc. 

(Dorso) Vndecimo Junii Anno Lxxvij Coram Domino Commissario Deputato. 

Quhilk day Jhone Stewart of bonskeid Comperit in Jugement and of his awn fre 
motiue will oncompellit or coactit as apperit with expres consent and assent of Alex- 
ander Stewart of Cars and James Stewart in fancastell his laufull curatouris hes 
Ratefeit and apprevit and be thir presentis ratifes and apprewis the within writing con- 
tract and appoyntment in all hedis poyntis and clausis concerning his pairt And now 
the said Jhone being passit fourtene zeris of aige and as he hym self affermis and the 
saidis curatouris, is allreddy sewintene zeris with expres consent of his saidis 
curatouris faythfullie bindes and oblisses hym his airis and successouris to fulfill and 
performe this within writtin contract and appoyntment in all poyntis and clausis 
concerning hym as it Is within mentionat for his pairt And Inlyke manor the said 
Alexander Stewart of Cars faythfullie bindis and oblisis hym to fulfill this within writing 
contract in ali heidis poyntis and clausis concernyng him and Margaret Stewart his 
dochtir as Is within mentionat In witnes heirof the said Jhone and his curatouris 
foirsaid for his pairt And the said Alexander for hym self and his said dochtir hes 
subscriwit thir presentis as followis And Is contentit that the samyn be Insert and 
regestrat in the Commissaris bukis of Dunkeld And thai to be actit for fulfilling of the 
samyn And to haif the strenth of ane decreit with exequutoriellis to pas thairvpone in 
forme as efferis And the Juge Inteq)onit his authoritie thairto in presens of baith the 
saidis pairteis consentand thairto Befoir thir witnes Schir Duncane M*Nair, Robert 
Thomas, alias Fergussone, Jhone Stewart of TuUypowris, and Jhone Thomsone. 

Jhone Stewart of boniskeid. 

Alex^ Stewart Curatour foirsaid. 

James Stewart in fancastell with my hand led 
at the pen be Schir Dauid Morisone noter 
publict. 

Alex^ Stewart off Cars for my self and Mar- 
garet my dochtyr, 

Duncanus M'Nair, notarius, ad hec requisitus manu sua, etc. 



APPENDIX, 105 



NOTARIAL INSTRUMENT, reciting various important Deeds acknowledged to have been received by John 5?"!^"^ 
Stewart of Bonskeid and Alexander Stewart of Carse, his guardian. Dated 11th June 1577. "** 

In Dei nomine Amen Per hoc presens publicum instrumentum cunctis pateat eui- 
denter et sit notum quod anno incamacionis Dominice Millesimo quingentesimo Septua- 
gesimo Septimo Mensis vero Junii die vndecimo Indictione quinta regni S. D. Jacobi 
Sexti Scotorum regis anno decimo In nostrorum notariorum Subscriptorum presentia 
personaliter constitutus comperit in Jugement befoir the Commissar of Dunkeid honorabill 
and discreit personis James Stewart in fancastell and Johen Stewart of TuUypoureis his 
son and grantit and confessit thame selfis to be iauchtfullie wamit to remoiff thame 
seifis guddis geir and familie at the last feist of Witsonday in the zeir of god ane Thow- 
sand tywe hundretht threscoir sawintene zeiris fra Johen Stewart bonskeidis landis 
ondirwrittin viz. the fourthy-schilling land of bonskid it self callit the ouirmanis the merk 
land of the miltoun the merk land of Royenamartour and the ten-schilling land of croft 
allester Mullycht The tuay-merk land and ane half of ester borannycht quhilk wes in 
nail M* Robert wiffis hand and the myln and milland of bonskeid with housses yardis 
tofbis crofbis and pertinentis and oblisses thame selfis in tyme tocum nocht to mell nor 
Intromett with the sammyn nor ony part nor pendicule thairof bot sail leiff the sammyn 
woid and red to the said Johen Stewart of bonskeid suay that he may be him self and 
vtheris in his name frelie bruike Jois and possess the sammyn in all tymis to cum as he 
Sail think expedient and the said Johen Stewart of boniskeid and Alexander Stewart of 
cars his curatour grantis and confessis thame to haue resauit the euidentis and writtis 
ondirspecefeit fra the handis of James Stewart in fancastell viz. ane chartour giffin be Johen 
Stewart of Garth to his son Alexander Stewart with consent of his eldest son Neill 
Stewart of the landis of killebroquhane with the pertinentis with the saising pas thair- 
apoun And ane chartour geffin be Neill Stewart of Gartht to his brodir Alexander 
Stewart of the saidis landis with the saising thairoff and Robert Stewartis saising of the 
landis of killiebrochtquhane and James Stewartis saising of the landis of Killiebrocht- 
quhane bonskeid and tuay borannychtis giffin be Neill Stewart of gartht with the pre- 
ceptis of saisingis thairof and Johen Stewartis Chartour of the landis of boniskeid giffin 
to him be Johen Stewart of borannycht his Superiour with the instrument of saising 
thairof The disjKjnsatioun betuix James of boniskeid and his spous Jonat Stewart 
Alexander Stewartis dispensatioun and his wiffis and ane auld reuersioun giffin be Johen 
fargussoun to Alexander Stewart, ane protestatioun maid be Patrik egilby in the curt of 
AthoU. The Sentence of diuorciment betuix James Stewart of boniskeid and faskyleis 
dochtir the Sentence of diuorciment betuix James Stewart and Dougall M'Robartis 
dochtir The gift of nonentres giffin be my Lord Gray of the landis of boniskeid and of 
the rest with the saidis Neilis acquittance of ane hundretht merkis resauit for the sammyn 
faskyleis acquittance of certane maris sauld to James Stewart with the inuentour of all 
the saidis Writtis off the quhilkis euidentis foirsaidis landis guddis and geir and securite 
quiiatsumeuir that the said James Stewart ony wais intromettit with pertenyng to the 
said Johen befoir the day and date heirof the said Johen Stewart of boniskeid with con- 
sent and assent of the said Alexander Stewart of Cars his curatour hes exonerit quitclamyt 
and dischargit and be thir presentis exoneris quytclamis and dischargis the said James 
Stewart his airis executeris and assignais thairof simpliciter for nowe and euir And als 
the said Johen Stewart of boniskeid with consent and assent of the said Alexander 
Stewart of Cars his curatour hes exonerit quytclamit and dischargit and be thir presentis 
exoneris quytclamis and dischargis the saidis James Stewart in fancastell and Johen 
Stewart of Tullypouris his soun thair airis executeris and assignais of all intromissioun 
that thai or ony ane of thame hes had with the said Johen Stewart of boniskeidis landis 
guddis or geir quhatsumeuir ony wais intromettit with be thame befoir the day and date 
of thir presentis excepand onlie sex scoir of merkis mony restand awand be the said 
•Tames to the said Johen Stewart of boniskeid quhilk sowm of sex scoir merkis mony the 



I06 THE STEWARTS OF FORTHERGILJL 

said James fa)i;htfullie bindis and oblisses him to pay to the said Johen at the tennis 
following viz. fourthy merkis at midsymmer nixtocum fourthy merkis at the assumptioun 
day of our Lady nixt thairefter following and fourthy merkis at andirmes nixt and Im- 
mediatlie thairefter following in haill and compleit payment of the said sowm of sex scoir 
merkis with tuelf lib. mony at midsymmer nixtocum in compleit payment of the malis of 
all the landis that the said James occupeit or intromettit with pertenyng to the said 
Johen for the said midsymmer terme nixtocum and in lik manair the said Johen Stewart 
of Tullypowris oblisses him to pay to the said Johen Stewart of boniskeid xj merkis mony 
at midsymmer nixt to cum and xj merkis at andirmes nixtocum and that as haill and 
compleit payment for the saidis tuay tennis malis and dewiteis in anno Jm v*^ threscoir 
sewintene zeiris for the landis that he occupeit and intromettit pertenyng to the said 
Johen Stewart of boniskeid. Super quibus omnibus et singulis dicte parte viz. Joannes 
Stewart de boniskeid et Alexander Stewart de Cars eius curatour ab vna et Jacobus 
Stewart in fancastell et Joannes Stewart de TuUypouris partibus ab altera a nobis notariis 
Subscriptis instrumenta pecierunt Acta erant hec apud ciuitatem Dunkeld in cubiculo 
mei Duncani M*Nair notarii subscripti horam circiter nonam ante meridiem sub anno 
die mense indictione et regis regno quibus Supra presentibus Ibidem pro tunc vener- 
abili viro magistro Dauide Spens archidiacono Dunkeldensi discretisque domino Jacobo 
Sandersoun portionario de abir . . . Joanne M'Kyne in Lady well Joanne Thomsoun et 
Domino Dauide Morisoun connotario testibus ad premissa vocatis et Requisitis. 

Et ego Duncanus M*Nair clericus Dumblanensis Diocesis publicus sacra auctoritate 
apostolica admissus per dominos consilii secundum tenorem acti parliamenti quia 
premissis omnibus et singulis dum sic ut premittitur dicerentur agerentur et fierent 
vnacum prenominatis testibus ac connotiu'io antedicto presens personaliter Liter- 
fui eaque omnia et singula sic fieri et dici vidi sciui et audiui ac notam cepi ex 
qua hoc presens publicum instrumentum manu mea scriptum confeci signoque 
nomine cognomine et subscriptione meis solitis et consuetis signaui in fidem et 
testimonium premissorum rogatus et requisitus. 

Ita est Dauid Morisone notarius et per Dominos consilii secundum tenorem acti par- 
liamenti admissus ac connotarius ad premissa rogatus et requisitus manu sua etc. 

Dauid Morisone notarius publicus admissus manu sua. 

(Dorso) The Discharge gewin be Johne Stewart of bonskeid to James Stewart in 
fancastell and Jhone Stewart his son etc. etc. 

(Dorso) Discharge by John Stewart of Bonskeid to James Stewart in Fincastle and 
John Stewart of Tullipowries his son 1577. 

This paper may be of use to Bonskeid in making out his Genealogy. 

Bonskeid DISCHARGE by John Stewart of Bonskeiil to his ** giulschir" James Stewakt in Fincastle. 

Charters. Dated 9tli December 1577. 

I Jhone Steuart of bonskeid with expres consent and assent of ane honorabill man 
Alexander Stewart of Gars my gude-father and Curator grantis me content and in nom- 
errat money weill pait be the handis of my gudschir ^ James Stewart in fancastall my 
tutor testamentar exequutor to wmquhill James Stewart my father of bonskeid and 
Intromittor with my said fatheris geir and gudis of the sowme of threscoir threttene 
merkis vsuall mony of Scotland in hail and compleit pament of myne the said Jhone 
Stewart of bonskeid baronis ^ pairt of my said wmquhill fatheris gudis and geir and siclyke 
in full contentMioun satisfactioun and compleit pament of all maillis fermis gresummis 
customis and vtheris dewites quhatsumeuir of all and haill my landis and mylne Intro- 
mittit with set and disponit in tymis past be my said gudschir of all zeris and tennis fra 
the deces of my said wmquhill father to the day and dat heirof and with consent of my 
gud-father and Curator foirsaid dischargis simpliciter for now and euir the said James 

* Grandfather. * For bamis or child*s. 



APPENDIX. 



107 



Stewart of fancastell his airis ezecuteris assignais and all vtheris haiffand entres in his 
name thairof as is abone writing for me my airis executeris assignais and vtheris quhat- 
sumeuer in my name and behalf In witnes of the quhilk we the said Jhone Stewart 
and Alexander Stewart hes subscriwit this our acquietance with our handis At Dunkeld 
the nynt day of December the zeir of god ane Thousand five hundreth threscoir sewin- 
teine zeris Befoir thir witnes Jhone Ros of Mekill Laithe Jhone fergussone in Clwnies 
and Jhone Kark. Jhone Steuart of boniskeid. 

Allex^ Steuart oflF Cars. 

Dauid Morisone notarius Requisitus per dictos Joannem Stewart de bonskeid and 
Alexandrum Stewart de Cars manu sua in premissis. 

(Dorso) Discharge Bonskeid To his tutor James Stewart for his Intromission with 
his Estate in his minorrity. 

(Dorso) Discharge granted by John Stewart of Bonskeid To James Stewart in Fin- 
castle his Curator anent his Intromissions with his Estate in his minority. 1577. 

CONTRACT OF MARRIAGE between Isabkl, daughter of the late James Stewart of Bonskeid, Bonskeid 

and Angus M'Anewoir. Dated 10th April 1580. Charters. 

At ffancastell the x day of Apryll the zeir of god ane Thousand fywe hundreth Lxxx 
zeris It is appointit concordit and finalie aggreit betuix the pairteis vnder wryttin viz. 
James Stewart in flFancastell and Isobell Stewart Dochtir to vmquhill James Stewart of 
bonskeid his oy on the ane pairt And Angus M'Ane Woir M'Condoquhy in bonrannocht 
on the vther pairt as efter followis That is to say god willing the said Angus M*ane 
Woir Sail compleit the band of matrimony in face of Haly kirk with the sad Isobell 
Stuart betuix the day and dait heirof and midsomer nixtocum flFor the quhilkis cans the 
sad James Stewart in ffancastell sail satisfie content and pay to the said Angus and 
Isobell his future spous the sowme of fourtie merkis gud and vsuall money of this Realme 
in penny and penny wourth thairof xx merkis at mydsomer nixtocum as sad is and the 
vther tuentie merkis in compleit payment of the sad fourtie merkis at andirmes nixt 
thaireftir in anno Lxxx zeris And this in haill and compleit payment of all and sindrie 
the sad Isobellis bamis pairt of guddis and geir pertenyng ba)i;h to hir fader and mother 
ressauit be the said James in ony maner of way afore the date of this present And als the 
said Angus and Isobell Sail ressaue fra thais persones that presentlie hes the haill guddis 
and geir ressauit fra vmquhill James Stewart of killebroquhen in the said Isobellis nayme 
and behalf sa mony guddis as is presentlie leiffand Aiid als the sad Angus bindis and 
oblises hjrm be thir presentis be the faytht and trewtht in his body to seperat and devyde 
all his bamis pairtis of geir begottin with his first wyff now instantlie Swa the sad Isobell 
Sail haif na intromissione nor entres thairwith And the said James Stewart in ffancastell 
oblises him to concur and assist to inbring all the guddis and geir pertenyng to the said 
Isobell in all handis quhatsumewir detenis and hes the samin with the assistance of the 
sad Angus and Isobell And failzeing that the said Angus compleittis and fulfillis nocht 
the band of matrimony at the day abone wrytin the sad Angus bindis and oblissis him 
be thir presentis to satisfie content and pay to the sadis James and Isobell the sowme of 
tua hundreth merkis money with als mekle geir as he ressauis of the said Isobellis in 
nayme of toquhir and this as propir dett In witnes of the quhilk the saidis persones 
contractoris hes subscryuit thir presentis with thair handis led on the pen be the noter 
vnderwrytin Because we could nocht wryt nor subscrywe ourselfis befor thir witnes Johne 
fergussone in Clwney Alex' Stewart sono to James Stewart in ffimcastell Johne ffergussone 
zoungar in Clwney and Donald M* Angus Doy brother sone to the said Angus. 

James Stewart in ffsLncastell with my hand led on 
the pen be the noter vnder wryting, etc. 

Angus M'ane Woir M'Condoquhy with my hand 
led on the pen be the noter under wrytin etc. 



io8 



THE STEWARTS OF FORTHERGILL, 



Ita est Walterus Robertsone notarius publicus admissus et scriba in premissis de 
mandate dictorum Jacobi Stewart et Angusii M'ane Woir M'Condoquhy manu 
Sua etc. 

(Dorso) Isobell Stewart Dochtir to James Stewart of bonskeid hir contrak and 
acquittence of hir bamis pairt of geir. 

(Dorso) Contract of marriage twixt Angus M'anvoir M'andoquhy in Boranoch, and 
Isobell Stewart Daughter to James Stewart of Bonskeid and Grand Child to James 
Stewart of Fancastle. 1580. 



Bonskeid 
Charters. 



DISCHARGE of DOWRY by Isabel Stewart. Dated 2l8t April 1680. 

I Isobell Stewart dochter to vmquhill James Stewart of bonskeid with consent and 
assent of Angus M*Ane woir M*Condoquhy my future spous grantis me to haue ressauit 
fra the handis of ane honorabill man James Stewart In ffancastell my gudschear the 
sowme of fourtie merkis money in compleit payment of my bamis pairt of guddis and 
geir pertenyng to me be deceis of my fadir and moder Intromettit be the said James 
And be thir presentis I the said Isobell Stewart with consent of my future spous foirsaid 
dischargis James Stewart In fancastell his airis executeris and assignais of all and sindry 
sowmes of Syluer guddis and geir pertenyng to me be deceis of my foirsaidis parentis 
Intromettit be the said James as said is be rasone of the compleit payment ihairof to me 
in maner foirsaid And siclyk dischargis the said James and his foirsaidis of all vtheris 
sowmes of money guddis and geir afore the dat of thir presentis for now and ewir .... 
In witnes heirof I haue causit the noter vnder written Subscryu .... acquitance and 
discharge As also my future spous becaus we could nocht write selfis our handis being 
led at the pen be the notar In tokin of our consent Before thir witnes Johne ffergussoun 
in Clwne Johne ffergussone zoungar his sone Alexander Stewart sone to the sad James 
Stewart in ffancastell Donald M'anenesdoy W"' M'anedoy M'emes and Donald Gow with 
vtheris diuers At fancastell xxj of Apryll zeir of god J"* v*^ fourescoir zeris. 

Isobell Stewart. 

Angus M'ane Woir with our handis led on 
the pen be Schir Walter Robertsoun notar. 

Ita est Walterus Robertsone notarius publicus admissus de mandato dicte Isobelle 
Stewart et Angusii M*ane Woir M'Condoquhy manu Sua scripta. 

(Dorso) Discharge of Tocher by Isobel Stewart Daughter to James Stewart of Bon- 
skied and grand daughter to James Stewart of Fincastle. Tocher 40 merks. 1580. 



Edinburgh 
Testaments, 
Vol. xxiv., 
Jan. 26, 
1592. 



NOTE OF TESTAMENT of Lady Barbara Strwart. Confirmed 26th January 1692. 

Testament and Inventory of the goods belonging to the Honourable Lady Barbara 
Stewart, relict of the deceased James Menzies of that ilk, who died on the 21st day of 
August 1587, partly given in by herself, and partly by the Right Honourable Alexander 
Menzies, Laird of Weyme, Gnaip, her servitor. The Inventory amounts to £2411, 
13s. 8d. 

Among her debtors are John Campbell of Lawaris ; Jeane Anderson, relict of the 
deceased John Menzies; John Stewart in Fos; Archibald Campbell, laird of Glen- 
urghy ; Alexander Stewart of Kars ; John Earl of Atholl ; and Elspeth Stewart, spouse 
to George Leslie of Ruthquhill and John Menzies in Morinch. The amount owing to 
her is £4953, I7s. 2d. Alexander Stewart of Kars is also a creditor. 

In her will she mentions Janet Menzies as her eldest daughter, and refers to other 
daughters without naming them. 



APPENDIX, 109 

LETTERS OF CHARGE against John Stewart of Bonskeid, reciting several important Deeds in detail. Bonskeitl 

Dated 24th March 1604. Chaiters. 

James be the grace off god king of Scottland england france and Ireland defender of 
the faytht Ronald Persoun messinger 

Too Louittis oure ShirefEs in that pairt coniunctlie and seueraiie specialie constitut 
greting. Oure will is and we charg zow that ze peremptourlie summond warine and 
charge Johne Steuart now of bonskid sone and air at the leist appeirand air to vmquhili 
James Stewart his father procreat betuix him and vmquhili Joent Stewart his mother 
pretendit heretabell proprietare of the Landis efter specifeit be verteu off the particular 
infeftmentis maid to him and his predicessores of the samyn landis respective as is efter 
deuydit and in quhais fauouris the pretendit infeftment vnder writtin of the Landis efter- 
specifeit is made and grantit in maner following personalie or at his duelling-place and 
all vtheris haifand or pretendand to haue entres in the maiter and actioun of reductioun 
eftermentionet be oppin proclamatioun at the markit croce of oure burgh of Perth and 
vther places neidfull comper befor ws and our counsall at Edinburgh or quhair it Sail 
happin ws to be for the tyme the auchtein day of Mali nyxtocum gif it be lauchfull, and 
failzeing thairof the nixt lauchfull day thaireft^r following in the hour of cans with con- 
tinewtioun of dayis to ansuer at the instance of our rycht trest cousing Patrek maiester 
of Gray heretabell feare and proprietare of the landis and barronie of Langforgund with 
the pertinentis lyand within our Shirefdome of Perth to the quhilkis landis and baroney 
the Landis of kiUiebrochane, bonskeid, and mincrannich with thair pairtis pendicles and 
pertinentis ar incorperat vnitt and annexat of auld be our nobell pre<licessoris of gud 
memorie and thairbei hefeand suffecient entres to crave the pretendit infeftmentis and 
vtheris efter specifeit to be reduceit and to remoue all quhatsomever impedimentis 
quhilkis may stay the said Patrek maister off gray and his airis in the pecabill bruiking 
and Joysing of the said baronee of Langforgund with the haill landis vnit and incorporat 
thairto and specialie the particular landis vnderwrittin that is to say the said Johne 
Stewart off bonskid to bring with him exhibete and produce befor ws and the saidis 
Lordis off our counsall the saidis day and piece in the hour off caus with continewatioun 
off dayis the parteculair infeftmentis wreittis and euidenttis maid to his predicessouris 
as followis viz. Ane pretendit precept decreit be vmquhyll Johne Stewart off forther- 
gill for geving off Saising to vmquhyU Alexander Stewart his sone predecessour to the 
said Johne Stewart nou off bonskeid of all and heill the Landis of killiebrochane with 
the pertinentis lyand within the ereldome of Atholl and our Shireffdome of Perth reser- 
vand the said Johneis Lyeferrent of the sameyn landis with the pertinentis of the dait at 
Garth the Laist day off December the zeir off god J*" iiij^ thrie scoir fourtene zeiris con- 
forme to the said vmquhyll James Charter maid thairanent off the samen dait ane 
pretendit charter alse maid and grantit be vmquhilk Neill Stewart of forthergilt 
To vmquhili Alexander Stewart his brother of all and heill the foirsaidis landis off killie- 
brochane to be haldin of himself In frie blensche of the dait at Pearth the xxvij off Junii 
the zeir of god J*" four hundreth thrie scoir auchteine zeiris togider with the pretendit 
precept of saising following thairvpoun of the sameyn dait ane pretendit Charter alled- 
git maid and grantit be the said vmquhilk Johene Stewart of forthergell with consent of 
vmquhili Nele Stewart hes eldest sone to vmquhilk AUexander Stewart sone to the said 
vmquhili Johen Stewart of the forsaidis landis of killiebrochane with the pertinentis 
haildin of the said vmquhili Johne in frie blensche of the dait at Garth the last day of 
Disember the zeir of god J"* four hundreth thriescoir fourtene zeiris Ane pretendit 
instrument of saising alledgit gevin be the said vmquhili Niell Stewart as Superiour of 
the Landis of kelliebrouchkin abowewreittin with the pertinentis propriis manibus to 
vmquhili Robert Stewart sone and air to vmquhili Alexander Stewart of keliebrouchane 
of the sameyn Landis with the perteinentis of the dait vnder the Signe and Subscrip- 
tioun manuall of vmquhili Schir Henre Walkar noter the nyntene day of Maii the zeir 
off god J"* v^ and ane zeiris Ane precept of clare constat alledgit maid and grantit 



I lo THE STEWARTS OF FORTHERGILL. 

be the said vmquhill Neill Stewart off forthergell for gefing of saising to vmquhill James 
Stewart as sone and air to the said vmquhill Robert Stewart of the forsaidis landis of 
keiliebrouchane bonskeid and tua baranochis with thair pertinentis lyand within the 
baronie of Langforgund and our Shireffdome off perth foirsaidis of the dait the Savint 
day of July the zeir off god J'" v^ fourtie-sex zeirs nocht Subscriuit be the said vmquhill 
Neill bot this forme Neill Stewart off forthergell with my hand at the pen with the 
pretend it instrument of Saising alledgit gevin to the said vmquhill James Stewart con- 
forme to the said charter of all and Sindrie the forsaidis Landis with the pertinentis and 
vpoun the ground thairof under the Signe and Subscriptioun manuall of vmquhill Schir 
Dauid myller noter of the dait the aucht day of the moneth of Juley the said zeir of god 
jm yc fourtie-sex zeiris Ane pretendit Chartour alledgit maid and granted be vmquhill 
Johen Stewart of baronniche and alledgit Superiour of the foirsaidis Landis above and 
vnder wreittin to the said Johne Stewart now of bonsked as lauchfull sone to the said 
vmquhill James Stewart of bonskeid procreat betuix him and the said Janeit Stewart 
his spous of the Landis of bonskeid kelliebroauchane and . . . [sic] with thair perti- 
nentis lyand within the baronie and Sheriffdome forsaidis be resignatioun maid thairof 
be the said vmquhill James Stewart Reservand his awin Lyfrent and haldin of the said 
vmquhill Johne Stewart in frie blensche of the dait at fincastell the tualfe day off Juney 
the zeir of god J™ fy ve hundreth thrie scoir thrie zeiris with the pretendit instrument off 
saising following thairvpoun vnder the Signe and Subsciptioun manell of vmquhill Schir 
Duncane M'Mair noter of the dait of the said charter togeder with the particular 
saisingis allegit gevin to the foimamit particular personis be vertew of the present infefe- 
mentis respective abonewrettin off quhatsumever dait or daittis the samyn be to- 
gider also with quhatsumever vther pretendit infeftmentis chartouris preceptis 
instrementis of saising allegit maid and grantit be the foimameit peraonis or ather of 
tham of the foirsaidis landis or ony pairt or portioun of the sameyn ather in propertie or 
tennandrie be resignatioun or confirmatioun or be quhatsumever maner of way or ordour 
the sameyn hes proceidit ather proceiding Immediatlie fra our predicessouris or fra the 
saidis authores makeris thairoff Togeder with the pretendit retouris gif ony be quhairby 
thai or ony of thame ar retourit or seruit as airis To thair predicessouris in the saidis 
Landis to be haldin ather of our predicessouris and thair Successouris or vtherwayis off 
the makeris and autheres of the saidis Infeftmentis At ony tyme sen the moneth of 
November the zeir off god J'" four hundreth fyftie-tua zeiris quhilk was the- daite of the 
infefetment eftermentionat grantit to vmquhill Andro Lord Gray predicessour to the 
said Patrek maister of Gray To be sene and consederit be the saidis Lordis off our 
consell And to heir sie all the saidis pretendit infeftmentis chartouris preceptis and 
Instrumentis of Saising with the pretendit confarmatiouns thairof gif ony be reduceit 
retrecttit rescindit cassit annullit decernitt and declairit to haif bene fra the beginning 
and to be now and in all tyme cuming null and of nane availl force nor effectt with all 
that hes followit or may follow thairvpoun and being reducit To heir and sie It be 
fouudyn and declarit be the saidis Lordis decreit that the onduttit rycht of the heritabill 
propertie of the forsaidis landis off Keiliebrouchane and bonskeid and . . . [sic] 
with thair pertenentis pendicles and pertinentis thairof perteinett and perteines to our 
said traist cosing Patrek mester of gray and his airis as baronis of the said baronie of 
Langforgund to the quhilk the saidis landis with thair pertinentis ar vnit annexat and 
incorporat as said is for the reasone and caws following To wit Becajjiis lang befoir the 
saidis pretendit infeftmentis or ather of thame ather maid be the dispositioun or aliena- 
tioun of the said vmquhill Johene Stewart of forthergell to the said vmquhill Alexander 
Stewart his sone or be the said vmquhill NeiU Stewart to the said vmquhill Alexander 
Stewart hes brother or be the said vmquhile Johen Stewart with the consent of the said 
vmquhill Niell Stewart hes sone to the said vmquhill Alexander Stewart or be the said 
vmquhill Johne Stewart off baranniche to the said Johne Stewart now of bonskeid of 
the landis respective abonespecifeit or be ws originallie to thame or on ony of thame be 
vmquhill our derest foirgrandschir of gud memorie king James the secound vopoun the 



J 



APPENDIX. 



Ill 



sccound day of November the said zeir of god J*" four hundreth fyftie-tua zeiris gaif 
granttit and disponitt to vmquhill Andro Lord Gray and Elizebeth his spous the langest 
leveer off thafti twai and to airis lauchfulie to be gottin of thair bodeis quhilkis failzeing 
to the said vmquhill Andro Lord gray and his airis quhatsumever all and heill the foir- 
saidis Landis off kelliebrouchane bonskeid and .... [sic] with thair pairtis pen- 
dicellis and pertinentis thairof lyand within our said Sheriffdome off perth and the 
erldome of AthoU foirsaidis And in the sameyn iniefmentis and dispositioun vnit 
Incorporat and annexat the sameyn landis with thair pertenentis to the said baronie off 
Langforgund quhilk contenwallie sensyne hes ben jiossesit be the houis of gray as thir 
awin proper heritage efteer the quhilkis auld and origenall infefement sua grant it be our 
maist nobill progenitouris to the said vmquhill Andro Lord Gray and heis airis (juhairbei 
the heretabell propertie of the saidis Landis wes establischit in thair persoun oure predi- 
cessouris culd nawayis haif grantit ony effectuall dispositioun of the saidis landis in 
preiudice of the said vmquhill Andro Lord Gray his airis and successouris of the said 
baronie to the said vmquhill Johne Stewart of forthergell or ony of his predecessouris 
ffairles culd ony of the said vmquhill Johnes predecessouris maik ony affectuall 
dispocetioun thairof to him nor yett micht the said vmquhill Johne Stewart himself 
haif maid ony lauchfuU dispositioun in fauouris of the foimamit personis hes Succes- 
souris or ony of thame ffar leis culd the said Johne Stewart now of bonskeid haue 
gottin ony affectuall dispositioun of the samen or ony pairt thairof maid be the foir- 
namit personis hes predicessouris or ony of thame or be ws or our predicessouris originallie 
thairof The propertie of all and Sundrie the samyn landis with the pertinentis pertening 
to our said rycht traist cosing Patrek maister of Gray and his predicessouris of befoir and 
rycht of the said propertie thairof establischeit in thair persone And thairfor all and 
Sindrie the foirsaid pretendit infefmentis chartouris preceptis and instnimentis of saving 
following thairvpone retouris and seruices and confarmatioun gif ony be and all vtheris 
interponit thairto maid and granttit to the said Johne Stewart now of bonskeid or hes 
predisessouris or ather off thame of the foimamit Landis of keliebrouchane bonskeid and 
with thair pertinentis pendicellis and pertinentis thairof or ony pairt of the samin aught 
and suld be reduceit retrecttit rescindit caussit annellit decemit and declairit to haif bene 
fra the beinging [sic] and to be now and all tyme coming null and off na aveill force nor effect 
with all that hes followit or may folow thairvpoune and the vnduittit rycht of the here- 
tabell propertie of the sameyn Landis of keliebrouchane bonskeid and .... with 
thair pairtis pendicellis and pertenentis thairof Aucht and Suld be cemat be decreit foir- 
said to haue pertenitt and to iustlie perteine to our said trast cosing Patrek Maister of 
Gray and his airis as baronis of the barone of Langforgund to the quhilkis baronie the 
saidis particular landis ar vnit annexat and Incorporat as said is ffor the ressone and causs 
abonespecifeit and vtheris to be proponit and allegit be our saidis traist cosing and 
vthers in his name and vpone his behalf the saidis day and place in the hour of cans 
with continewatioun of dayis according to Justice and for the costis and skaithes to be 
sustenit be the said persewer thairthrow and farder to ansuer at his instance in the said 
matter In sa far as Law will maik and Intimatioun to the saidis defenderis as efferis 

Attour that ze lauchfullie summond wame and charge 

To compeir befoir ws and oure consell the saidis day and place in the hour of caus 
with continewatioun of dayis To beir leill and Suithfaist wittnessing In sa far as thai 
knawe or sail be s{>erit at thame in the said matter vnder all heiest pane and charge that 
efter may follow As ze will ansuer to ws thairvpoun the quhilkis to do we commett to 
zow coniimctlie and Saverallie our full power be their our Letrez deuly warning thame be 
zow dewlie execut and indorcet agane to the berer gefin vnder our signet at Eklinburgh 
the xxiiij day of March and of our ring of Scotland the xxxvij and of ingland france and 
Ireland the fairst zeir 1604. 



(Dorso) Copie off my Lord Gray his Summondis of reductioun contra the Barroun of 
bonskeid. 



1 1 2 THE STE WARTS OF FORTHERGILL. 

Bonskeid ROYAL LETTERS against John Stewart of Bonskeid, Mary Countess of Athole, etc, 

tharters. Dated 7th February 1604. 

James be the grace of god King oflF Scotland england France and Ireland defender oflP 
the faith To our Louittis Naniane Weir messenger Ronald persoun messenger .... 

messengeris our schireffis in that pairt coniunctlie and saverallie 

speciallie constitut greting fforsamekill as it is humlie menit and schawin to ws be our 
traist coising Patrek Lord Gray Lyfrenter of the Landis and barronie vnederwrettin and 
patrek master of gray heretabell fear and proprietar thairoflF that quhair thai haif 
laitlee vpone the secund day off" februar instant obtenit ane decreit befor the Lordis oflF 
counsall Aganes Johene Stewert in bonskeid Dame Marie Ruthven Countes of Athol 
and relict of vmquhill Johene Erie of AthoU pretendit tenentis and occupyeris of all and 
sindrie the saidis complaneris tounis and landis oflF bonskeid killiebrochok montranich 
and dysert quhilkis ar proper pairtis pendeclis and petinentis oflf thair landis and barronie 
oflF forgund and all and sindrie thair pairtis and pendeclis Lyand within oure schirref- 
dome of Perth decerning and ordaning thame to flet and remove thame selfis thair vyfl&s 
baranis servandis famellie subtennentis cottaris guidis and geir furth and fra the landis 
forsaidis with thair pertinentis Ilk ane of thame for thair awin pairtis sa far as thai 
occupay thairof and to deceist and ceis thairfra and leve the samyn voyd and red to the 
saidis compleneris to the eflFect thai may enter thairto bruik and Joyse the samyn set vse 
and dispone thairvpon as thair heretage in tym coming conforme to thair infeftmentis 
thairof waiming maid be thaim for that eflFect befoir the feist and terme of Witsonday 
the zeir oflF god ane Thowsand fyve hundretht fourscoir fyvtene zeiris And one act off 
parliament maid anent warning of tenentis for devers ressonabell causses specifeit in the 
saidis Lordis decreit abonewrettin as in the samyn at mair lenth contenit quhilk the 
saidis defenderis will onnawayis obey without thai be forder compellit Oure will heirfoir 
and we charge zow stratlie and commandis that incontinent thir our letrez sene ze pas 
and in our name and autorite command and charge the saidis personis defenderis to fleit 
and remove thame selfis thair vyflfis barmis servandis famellie subtenentis cotteris guidis 
and geir furth and fra the landis abonewrettin with the pertinentis ilk ane off thame for 
thair awin pertis sa far as thai occupy thairof and to decist and ceis thairfra and leve the 
samen void and red To the effect the saidis compleineris may enter thairto bruik and 
Joyes the samen set vse and dispone thairvpon as thair heritage in tyme coming con- 
forme to thair saidis Infeftmentis waring and our act of parliament foirsaidis and the 
saidis Lordis decreit of removing following thairvpoun in all poyntis within thrie dayis nixt 
efter thai be chargeit be zow thairto vnder all heist pene and charge that may follow the 
quhilkis thrie dayis being bypast and the saidis personis or ony off thame dissobeyand 
that charge the dissobeyeris zeit as off befoir to fleit and remove thame selflSs thair vyflfis 
barans servandis famallie subtenentis cotteres guidis and geir furth and fra the landis 
abone wrettin with the pertinentis ilk ane of thame ffor thair awin pertis sa far as thai 
occupey thairoff and to deceist and ceeis thairfra and leve the sameyn void and red to 
the effect the saidis compleneris may enter thairto bruik and Joyse the same set vse and 
dispone thairvpoun as thair heritag in tym coming conforme to thair saidis infefbementis 
waring and our act of parliament foirsaidis and the saidis Lordis decreit of removing folow- 
ing thairvpone in all poyntis within vther thrie dayis nixt efter thei be chargeit be zow 
thairto vnder the paine of waring of their personis the quhilkis vther thrie dayis being 
bypast and the saidis personis dissobyand that ze charge thame zeit as off befoir to fleit 
and remove thame selfeis thair vyff bams servandis famellie subtenentis cotteris guidis 
and geir furth and fra the landis abonewrettin witht the pertinentis ilk ane of thame for 
thair awin partis sa far as thai occupy thairof and to decest and ceis thairfra and leve the 
samen void and red to the effect the saidis compleineris may enter thairto bruik and 
Joyse the samen set vse and dispone thairvpone as thair heritag in tyme coming con- 
forme to thair saidis infeftmentis waring and our act off parliament forsaidis and the 
saidis lordis decreit of removing following thairvpoun in all poyntis within vther thrie 



APPENDIX. 1 1 3 

dayis nixt efter thai be chargit be zow thairto or ellis that thai within the samyn thrie 
dayis pas and enter thair personis in ward within our castell of Dumbarten thairin to 
remane vpoun thair awin expensses ay and quhil thai haue obeyit the command of our 
letrez and be orderlie fred be ws thairfra vnder the pane oflF rebellioun and puting of 
tham to our home And that thai cum to our sacretar or his deputtis keperis of our 
signat and resaue our vther letrez for thair ressait and ward within our said castell The 
quhil kis last thrie dayis being bypast and the forsaidis personis dissobyand that ze charge 
the dissobyeris zeit as oflF befoir To fleit and remove thame selfeis thair wyffis bamis 
servandis famelie subtenentis cotteris guidis and ^eir furth and fra the landis abone- 
wreittin with the pertinentis ilk ane of thame for thair ewin pertis sa far as thai occupy 
thairof and to deceist and ceis thairfra and leve the samyn void and red to the effect the 
saidis compleneris may enter theirto bruik and Jose the samyn set vse and dispone thair- 
vpone as thair heritag in tyme coming conforme to thair saidis infeftmentis waring and 
our act of parliament and the saidis lordis decrcit of remowing following thairvpoun in 
all poyntis within other thrie dayis nixt efter thai be chargeit be zow or els that thay 
within the samyn thrie dayis pas and enter thair saidis personis in ward within our said 
castell off Dumbarten thairin to remane vpoun thair awin expensses ay and quhil thai 
haue obeyit the command of thir our letrez and be orderlie fred be ws thairfra vnder the 
said pane off rebellioun and puitting of them to our said home and that thai com to our 
said sacretar or hes deputtis Keperis of our said signet and resaue our saidis other letrez 
for thair resait and ward within our said castell the quhilkis last thrie dayis off all being 
byi)ast and the saidis personis or ony of thame dissobyand and nocht folowing the com- 
mand off thir our letrez nor zet enterand thair saidis persones in Ward within our said 
castell as said is that ye incontenent thairefter denonce the dissobeyaris our rebebellis 
and put tham to our home and escheit and inbring all thair movabill guidis to oure vse 
for thair contemptatioun And immediatlie efter zowr said denonceation that ze vse the 
remanent ordour prescr3rvit be our act off parliament and ordanence maid thairanent 
According to Justice As ze will ansuer to vs thairvpoun the quhilk to do we commeitt to 
zow coniunctlie and saverallie oure full power be thir our Letrez dely wering tham be 
zow dewlie execut and indorsat agane to the berer gefin vnder our Signett at Edinburgh 
the sevint day off februar and off oure Reigne off Scootland the xxvii and off Ingland 
frauce and Ireland the ferst zer. 1604. 

(Dorso) Copye Johne Stewart of boniskeid. 

BACK- BOND between Jame8 Earl of Atuole and John Stewart of Bonskeid. Dated 12th October 1604. Bonskeid 

Charters. 
Be it kend till all men be thir present Letres ws James erle of AthoU lord balwanie 

etc. fforsjimekill as our Lowit Cousing Johnne Stewart of bounskyd hes subscrywit ane band 

and obligatioun maid be ws as principall And our cautioneris therin nominat to our trest 

cowsing Andrew lord ochiltrie for peyment off the principall sowme of Twentie-ane 

thousand merkis mone Scottis And sowmes of penalteis and expensses therin contenit as 

in the said band and obligatioun off the dait at ... . the . . . day of . . . . 

the zeir of god ane thousand sext hundrethe and four zeiris beiris Therfoir ws the said 

James erle of Atholl etc. as princii)all and with ws Schir Robert Crechtoun of Cluney 

knicht as cautionar sowertie and full dettor for me To be bund and obleist coniunctlie 

and seueralie And be the tennour heirof bindis and obleist ws our airis executeris and 

assignais and Intromettouris with our guidis geir landis renttis or ony pairt thairof To 

warrand releiff keip harmeles and skaithles the said Jhonne Stewart of bounskyd his airis 

executeris and assignais and all wtheris quhome it affeiris off the saidis sowmes princi- 

pallis penalteis and expensses contenit in the said band and obliratioun haill tennor force 

and effect and contenttis of the samin and of all that may follow thairwpoun At the 

handis of the said Andrew lord ochiltrie his airis executeris and assignais and all wtheris 



114 



THE STEWARTS OF FORTHERGILL. 



haifand entres And forder to refound and pay to the said Jhonn Stewart of bounskyd his 
airis Executeris or assignais the pactionat and liquidat sowme off ane hundrethe poundis 
mone foirsaid as for expensses In cais off necessar registratioun off thir presenttis throw 
non fulfilling of the premisses or ony pairt thairof Ajnd I the said James erle of Atholl 
bindis and obleis me and my foirsaidis To warrand releiff keip harmeles and skaithles 
the said Schir Robert Crechtoim of cluney knicht and his foirsaidis off the haill contenttis 
of thir presenttis and all that may follow heirwpoun And for the mair seciiritie we the 
saidis obliganttis principallis and cautionaris ar content and consenttis that thir our letres 
obligatouris be registrat and insert in the buikis of our souerane Lordis counsall and 
Sessioun Shireff buikis of Perth or Commissaris buikis of Dunkeld respective ther to haue 
the strenthe of ane decreit Judiciall of the saidis Jugis with executoriallis of arrestment 
pounding homing and vairding to follow thairwpoun In simpill forme off sext dayis 

chairge allanerlie And for registring heirof as saidis constitutis 

Oure procuratouris coniunctlie and seuerallie To Compeir and in our name consent to 
the registratioun heirof to quhome we commit our full power to that effect etc. and 
generallie etc. fenne and stabill etc. In witnessing of the quhilk thing thir presenttis writtin 
be Thomas Sandesoun wrettar in Dunkeld we haue subscrjniit with our handis at . . . 
the .... day of ... . the zeir of god thousand sext hundrethe and four 
zeiris Befoir thir witnesses. Atholl. 

Schir R Cluny. 
(Dorso) Subscry wed the xij day of October. 

Back-Bond, James Earl of Athol to John Stewart of Bonskeid. 1604. 

Bonskeid LETTERS of LAWBURROWS against John Stewart of Bonskeid, his sons and others. Dated 9th July 1605. 
Charters. 

James Be the grace of God King of Great Bretane France and Irland Defender of 
the faith to our Lowittis Jhonc Ambros Messinger our Schireffis in that pert coniunctlie 
and seuerale specealle constitut Greting for samekill as it is hummele menit and schawin 
to ws Be or LoAvit Alester Ro^soun in Callwoin that quhair Jhone Stewart of Banskeit 
Jhono Stewart of Graniche Alex^ and Jhone Stewartis sonis to the said Jhone Stewart 
of Banskeit, Mr Walter Stewart Skoillmaister in Dunkeld William Stewart in Twillich 
Alexander and Jhone Stewarts his sonis with thair compleicis hawing consawit ane deidlie 
hetreint Inwy and malice aganis the said complener forowt ony jwst caws or occasioun 
down Be him or wpoun his peirt daly and contenowale trowbillis and molestis and opressis 
him his tenentis and speceabille Browking Josing possessing of his Landis of Callwoin 
with parttis and pendikillis thairof and In sindrie wtheris his Landis Rowmis Stedings 
aittis and distroyis his comis and gres pastouris thair cateillis and gwidis thairwpoun 
castis winis fewall feill and doftwatis within the proper Bindis merses and meithis thairof 
Boistis schoiris monassis and Inuadis the seid complener his Baimis and tenentis 
seruandis wnbeseittis the he way is and passage lyis at wait for thair Bodely herm and 
slawchter and hes at deuers tymes heirto persew them in thair LeflSs Lyk as thay thair- 
intill contenowis Imperceiwering in thair malice aganis the seid complener daly Layis in 
vait and schowittis the samyne sa that thairthrow he dar nocht hant frequent nor repair 
in the cuntrey for doing of his lessume afferis and Bessenes as our fre leige with owtt 
perrell of his LyfF quhairthrow thay will nocht feill to Bereiff him of his LyflF In cace 
thai can apprehend him in thair danger In he and manefast contemptioun to ws our 
awctoritie and Lawis Gewing iwill exempell to vtheris our Leges to comitt the Lyk 
prowd wrangis tortus and opressionis saleitill to regard lichle we wpoun the samyn giwe 
remeid Be nocht prowydit our Will is heirfor and we chairge zow that pass in our name 
and auctoritie tak the complener aith his aith Being taine and ressawit that ze in our 
name and awctoritie command and charg them personale give thay can Be apprehendet 
and failzeing thairof at thair dewlling-plaice and Be oppin proclamatioun at the heid 
Browch of our Schyr Quhair thai dewll to find suflSciant cautioun sowertie and Lawborus 



APPENDIX. 1 1 5 

actit In our Boukis of Consall and Sessioun that the seid complener his Baimis men 
tenentis salbe hermles and skaithles In thair Bodeis landis heretagis tackis stedingis 
rowmis possessionis comis catell gwidis geir and Innawayis to Be trowblit nor moleistit 
nor Impedit thairin Be ony of the seidis personis nor na wtheris of thair cawsing sending 
hunding owtt resseit assistance nor retihabetioun Quhom thay may stoip nor lat directly 
nor inderectly Be ony maner of way fra the day of the chairg to Be givein to them for 
finding of the said catioun nor in tym cuming other wajds nor Be ordour of Law and 
Jwstice wnder the panis following That is to say Jhone Stewart of Banskeit Jhone 
Stewart of Graniche ilk ane of thame wnder the pain of ane thowsand mairkis ilk ane 
of the remanent personis wnder the pain of fowr hundrith mairkis within sax dayis next 
efter thai Be chaxg Be zow thairto wnder the pain of rebellioun and putting of them to 
our home and giue thay feillze thairin the seid sax dayis Being By past that ze in our 
name and auctoritie denownce the dissobeyaris and powt them to our home and Escheit 
and Imbring all thair mowabillis till our ws for thair contemptioun and Imedeatle efter 
thair seid denownciatioun that ze vs the heill ourdor prescryuit in our act of parliament 
acording to Justice as ze will ansuer to ws thairwpoun The quhilk to do etc. Be thir our 
Letrez dewly execut and Indorsat and to the Berer Gewin wnder our Signet at Eklinburgh 
the nynt day of Julii and of our reing the thrid and Threttie viij zeris. 

Ex deleberatione domenorum consilii Jhone Ambros messinger with my hand. 

• 

(Dorso) Apud Eklinburgh xvij Julii 1605. The Quhilk day souertie and lawborrows 
is fund be Johne Stewart of Bonskeid Alex' and Johne Stewartis his sones That Alester 
Robertsone in Callwoin his wyff bames men tennentis and servandis salbe harmeles and 
skaythles etc. In maner and vndcr the panes within continit this I testifie to be of veritie 
be thir presentis subscr)rvit with my hand. A, CoUPER, 

(Dorso) Bonskeid. 

LETTERS OF CHARGE at instance of Patrick Master of Gray to Alrxander Stewart of Bonskeid against Bonskeid 
certain persons for the "barbarous and detestable murder" of the late John Stewart of Bonskeid. Dated Charters. 
8th May 1606. 

James Be the grace of god King of great Brytane France and Ireland Defendar of 

the faith To our Louittis Messingeris or 

Shireffis in that pairt coniunctlie and seuerallie speciallie constitut greting flForsamekie as 
it is humiie meanit and schawine to ws be our Louittis Patrik maister of gray as maister 
and Landislord to vmquhile Johne Stewart of bonskeid and Alexander Stewart now of 
bonskeid as sone with the remanent kin and freindis of the said vmquhile Johne, and of 
vmquhile Johne Stewart his sone and Duncane M'Candobeg seruand to the said Patrik 
Maister of Gray That quhair vpoun the .... <lay of Januar Last bipast Johne Dow 
Stewart M*Gillechallum Allaster M'Gillechallum his brother with a nowmer of thair com- 
plices thevis brokin men and soniaris of clanes wer ordourlie denuncit our rebellis and 
fugitiues in default of finding of souertie for thair comperaiice befoir our Justice and his 
deputtis To haue wnderlyne our Lawis for the barbarous and detestable murthour of the 
said vmquhile Johne Stewart of bonskeid As our saidis vtheris Letrez of homing execute 
Indorsate and registrat beiris Quhairvpoun publict edictis and proclamationis wer sett 
oute and publeist aganis our saidis rebellis and fugitives prohibiting and dischairgeing 
the resett supplie and fumesing of thame with meit drink hous or harboris vnder the 

Eanes contenit in our actis of parliament As the said proclamatioun dewlie and ordour- 
e publeist as said is at lenth beiris notwithstanding quhairof it is of treuth That our 
saidis rebellis continuallie efter the committing of the said murthour hantit frequentit 
and remanit publictlie and avowedlie as thay do zit within the Cuntrey of Athoill have- 
ing thair maist ordinar and commoun resett supplie and intertenement vpoun the ground 



1 1 6 THE STE WAR TS OF FOR THERGILL. 

and within the Landis and housses and possessionis pertening to Neill Stewart M'Gillie* 
challum in Scheirglas Johne Stewart of Poldome Alexander Robertsone in Calmein, 
Malcome M'cane M'waim M'intosche androw M'waim M'narithie in fastharie allaster 
M^narithie in AuchnagouU Donnald roy M'cans thair Robert M'condochy thair in 
Scheirglas Donnald M'eane M^mertine M'canedowny in Moalich Donnald .... [sic] 
at Poldome Johne roy M'cans in Auchwarrik Johne M'conneill M'Gillichallum in auch- 
werk .... [sic] M*Gillechrist in Auchwerk Donnald M'intagartvie in Scheirglas 

. . . . . ;.•/.• • • • • .[sic] 
Be quhome the saidis rebellis ar fumeist in meit drink armour and all vther thingis 
necessar and confortable vnto thame, as namelie in the moneth of ... . [sic] last- 
bipast the saidis rebellis remanit the space of ellevin dayis and nychtis togidder within 
the saidis boundis of Athoill resett huirdit fumeist and intertenyed be the personis par- 
ticularlie abonewrittin, during the quhilk space Thay lay at awaitt to haue slane and 
murdreist the said Alexander Stewart and his brether, and in end haveing thair purpois 
as thay thocht reddy for the executioun, and comeing quhair the said Alexander and his 
said brether wes for the tyme resolued to haue prosequuted thair detestable and bar- 
barous resolutioun Thay maist cruellie and feirslie set vpoun him Invadit and per- 
sewit him and his said brether of thair Lyves, and cruellie and vnmercifuUie slew the 
said vmquhile Johne brother to the said Alexander and the said Duncane M*eandebeg his 
seruand and had not faillit to haue slane him selff wer not be the providence of God he 
verie narrowlie cschaped and efter the committing of this last murthour Thay reterit 
thame selffis bak agane to the pairtis thay come fra quhair thay haue remanit continu- 
allie sensyne as thay do zit resett suppleed fumeist and intertenyed amang the personis 
particularlie abonewrittin vpoun thair ground and in thair housses Quhairthrow thay 
ar fosterit and encouraged to continew in thair rebellioun and disobedience, and hes the 
commoditio thairby To awaitt opportuniteis and commoditie to perpetrat and committ 
quhatsumeuir barbarous and detestable murthouris and cruelteis thay pleis, Quhairby as 
the personis particularlie abonewrittin resettaris of the said rebellis hes maist hcichlie 
contempned ws and violat our lawis actis and proclamationis wherby the ressett of thir 
murtheraris wes prohibite and forbiddin, and thairwithall hes gevin ane very euill 
example to vtheris vpoun houpe of ouirsicht and Impunitie to schaw the Lyk confort 
and releif to fugitiues and rebellis Sua thay aucht to be persewit and puneist in thair 
personis and goodis with all rigour and extremitie To the terrour of vtheris Cure Will 
is heiribir and we chairge zow straitlie and commandis that incontinent thir our Letrez 
sene ze pas and in our name and auctoritie command and chairge the personis particu- 
larlie abonewrittin To compeir personallie befoir the Lordis of our Secrete counsall at 
Edinburgh or quhair it salhappin thame to be for the tyme vpoun the .... day of 
. . . . being Thurisday To ansuer to this complaint and to heir and sie sic ordour 
tane thairaneiit as appertenis with certificatioun to thame and thay failzie The saidis 
Lordis of our Secrete counsall will proceid tak tryall and minister Justice thairin as 

accordis As alsua That ze command and chairge 

To compeir personallie befoir the saidis Lordis the said day and place To beir leill and 
suithfast witnessing in sa fer as thay knaw or salbe sperit at thame in the said matter 
vnder the pane of rebellioun and putting of thame to our home with certificatioun to 
thame and thay failzie vtheris our letrez salbe direct Simpliciter to put thame thairto, 
The quhilk to do we committ to zow coniunctlie and seuerallie our full powar Be thir 
our letrez delyvering thame be zow dewlie execute and indorsat agane to the berar. 
Given vnder our Signet At Edinburgh the aucht day of Maii and of our Reigne of great 
Brytane France and Ireland the feird and xxxix zeiris 1G06. 

Ex delibe 

Ex deliberatione Dominorum Secreti consilii. 

J. Prymrois Ja. Prymrois. 

18 May 1606. 



APPENDIX. 



117 



SLAUGHTER.— Levying " Skatt " or '' Blackmail," Stoutreif, etc. a.d. 1607. 

Jim. 27. Allaster Stewart M*Gilliec:hallum brother to Johnne Stewart, 

alias Johnne Dow M*Gilliechallum of Tennandrie. 

Dilaitit, accuset & persewit be Dittay following, viz. That is to say, of airt and pairt 
of the Slauchter of vmq*® Johnne Stewart of Bonskeid ; committit in the moneth of 
December, the yeir of god P" vj*^ and fyve yeiris, betuix Dunkeld & AthoU, upoun sett 
purpois, provisioun & foir thocht fellony. 

Item, for airt & pairt of the Slauchter of umq*® Johnne St<?wart, secund sone to the 
said umq*® Johnne Stewart of Bonskeid ; committit about Paisch, in the yeir of god 
jm yjc f^ sax yeiris vpoun the landis of Kilbrochene. 

Item, for airt & pairt of the slauchter of umq'® Williame Leith att the Kirk of Crathie 
in Cromar. committit about tuell yearis syne, or thereby. Item, for cuming with Johnne 
Dow, his brother, to the boundis of Strathardill, in the moneth of July last bypast & 
compelling of the tenantis of the landis of Strathardill to pay to thame ane Skatt ^ of 
foure hundredth merkis or thairby ; committand thairby manifest Oppressioune. Item, 
for the thiftious steilling & reving be way of maisterfull Stoutreif, fra . . . . Donaldson, 
chapman of his pak, with certane merchandice thairin committit thre yearis syne or 
thairby. 

Persewer Mr. Robert Lyntoune. 



Assisa. 



Alexander Dunbar, Schereff of 

Murray. 
Patrick Moncur of Chapeltoun. 
Tho* Farguison of Bellewchane. 
Sir Thomas Stewart of Gametully, 

Knycht. 
Johnne Moncur, sone to the Laird 

of Moncur. 
W™ Stewart of Kynnaird. 



David Drummond (Chalmerlane 
to my Lord Drummond). 

Mr. Alex' Hay of Kynmwdie. 

Colene Campbell of Bothe. 

Tho» Otterbounie of ReidhalL 

Alex' Fleming of Moness. 

Angus Williamsoun of Termet. 

Rob* Chrystie, tailzeour burges ot 
Edinburgh. 



Verdict. — The assyse be the mouth of Tho" Otterbume chancillar, f&nd, pronunceit 
& declarit the said Alex' Stewart to be ftylit, culpable & convict of airt & pairt of ilk ane 
of the pointis of Dittay, resj)ective abone writtin, & of the crymes contenit in the samin, 
confonne to his Confessioun prcnlucet in judgement, quhilkes he ratifeit. 

Sentence. — And therefore the said Justice-depute, be reasoun thairof, & of his speciall 
Convictioun, of the thiftious steilling & reving be way of masterfuU StoutreiflF, fra ... . 
Donaldson, chapman, of his pak & merchandice contenit thairin, be the mouth of Robert 
Montgomerie, dempstar, Ordanit the said Alex' Stewart to be time to the Mercat Croce 
of Edinburgh, & thair to be hanged vpoun ane gibbet quill he be deid ; & all his landis, 
heritageis, takes, stedingis, rovrmis, possessiounis, coimis, cattell, guidis & geir to be ffor- 
fait & escheit, etc.*'' 

^ A compulsory tax or fine similar (in this instance at least) to blackmaiL ScaU, properly, was a feudal 
tax anciently paid in Shetland to the King of Denmark, and at present Lord Dundas dniws a considerable sum 
of scatt, which is undentoo<l to be payable chiefly in kind, e.g. butter and oil, etc 

* From K. Pitcaim*s Criminal Trials in Scotland from 1488 to 1624, vol ii. p. 528. 



1 1 8 THE STE WAR TS OF FORTHERGILL. 

Bonskeid BOND by which Neil Stewart of Sheii^las renders Alexander and John Stewart "harmlea and skaithles." 
^'^'"^"- Dated 9th January 1606. 

At Edinburgh the xiij day of Januar The zeir of god J*" vj® and aucht zeiris In 
presence of the Lordis of counsell comperit M' Johne Russell procurator speciallie constitut 
for Neill Stewart in Scheirglais principall and Alexander Robertsone alias Carlochtsoun 
of Inchemagranoch as cautioner for him And gaif in the obligatioun vnderwrittin Sub- 
scriuit with thair handis desyring the same to be registrat in the buik of counsell to haue 
the strenth of ane decreit of the Lordis thairof with executoriellis to pas thairvpoun iu 
maner thairin contenit The quhilk desyre the saidis Lordis thocht ressonabill and thair- 
for hes ordanit and ordanes the said obligatioun to be insert and registrat in the said 
buik of counsell, decemes the samin to haue the strenth of thair decreit and ordanis 
letres and executoriallis to be direct thairvpoun in maner specifeit thairintill QuhairoflP 
the tennour foUovis Be It kend till all men be thir present letres we neill Stewart in 
Scheirglais principall and Alexander Robertsone alias Carlochtsone of inchemagranocht 
as cautioner souerteis and full dettouris for me To haue assurit And be the tennour heirof 
be the faith and treuth of our bodeis assuris Alexander Stewart of bonskeid Johne 
Stewart his brother germane And als bind and oblisses ws coniunctlie and seuerale our 
airis etc. that the said Alexander and Johne Stewartis thair men seruandis and tenentis 
salbe harmeles and skaithles and nawayis trublitt nor persewit in thair persones guidis 
or geir be me the said Neill my men tennentis or seruandis nor na vtheris that I may 
stop or lett vtherwayis nor be ordour of Law at ony tym heirefter quhill that I the said 
neill cum personalie In presence of ane noble Lord James Erie of AthoUe Lord Balveny 
etc. and gif ouer this assurance And als dewlie aduertis the said Alexander and Johne 
Stewart vpoun the premonitioun of ten dayis preceiding. And also I the said Neill for 
me my bairnes men tennentis and seruandis forsaid bind and oblis me my foimamit 
cautioneris and our forsaidis that we nor nane of ws sail half hant traiftect commoning 
nor dealing with Johne Stewart nor Alexander Stewart my brother murtheris of vmqu- 
hile Johne Stewart of Bonskeid secreitlie nor oppinlie directlie nor indirectlie at na 
tym heirefter And that I and my bairnes men tennentis and seruandis forsaid salbe 
ansuerabill to the Lawis for ony thing can be allegit or proponit aganis ws or ony of ws for 
the slauchter of the said vmquhile Johne Stewart of bonskeid Or for ressait traiffect 
commoning or dealing with the said Johne or Alexander Stewartis murthereris of the 
said Johne Stewart of bonskeid or thair complices sa oft as I the said Neill or my bairnes 
men tennentis or seruandis salbe requirit to that eflfect vnder the pane of tua thousand 
merkis Scottis be cais of failzie the tua pairt to be payit to my Lord and the thrid pairt 
to the pairtie And I the said Neill Stewart in schyirglas bindis and oblissis me my airis 
executeris assignais and intromettour with my guidis geir landis rentis or ony pairt 
thairof To warrand relief and keip harmeles and skaythles the said Alexander Carlocht- 
sone alias Robertsone my cautioneris and thair forsaidis of the haill contentis of this pre- 
sent obligatioun and all that may follow heirvpoun And to refound and pay to thame or 
ony of thame quha salhappin to be distressit the pactioun and liquidat soume of tua 
hundretht pund money scottis as for expensses becais of nocht tymous releifing of thame 
as said is And for the mair securitie we the said obligantis ar content and consentis that 
thir our letres obligatouris be registrat and insert in the buik of our souerane lordis coun- 
sell and Sessioun or commissaris buik of Dunkeld respectiue thair to haue the strenth of 
ane decreit Judiciale of the said Judgis with executoriallis of arrest anent pounding 
horning and warding to follow thairvpoun in simple forme of sex dayis chairge allanerlie 
And for registering heirof as said is constitutis M' Johne Russell Aduocat Oure 
procuratouris coniunctlie and seuerale To compeir and in our names consent to the regis- 
tering heirof to quhom we commit our full pover to that eflfect And generallie etc firme 
and stable etc. In witnessing of the quhilk thing thir presentis writtin be M' Walter 
Stewart noter in Dunkeld we haue subscriuit with our hand as foUovis At Dunkeld the 
nynt day of Januar in the zeir of God J™ vj*' and sex zeiris Befoir thir witnesses M^ 



APPENDIX. 



119 



Thomas Abircrumby of cragie Duncane Menzeis of comrie Johne Stewart of granycht 
Sic subscribitur Neill Stewart with my hand Alexander Robertsone of inchemagranocht 
with my hand M^ Thomas Abircrumbie witnes Duncane Meinzeis witnes Johne Stewart 
witnes M' Walter Stewart noter witnes. Elxtractum de Libro actonim per me Dominum 
Joannem Skene de Currihill Militem clericum Rotulonim registri ac consilii S. D. N. regis 
sub meis signo et subscriptione manualibus. 

Joannes Skene, Clericus Registri etc. 
(Dorso) Stewart contra Stewart 

A. QUHYTE. 



FAILZEIS " committit be Nbill Stewart of Scheirglas aganes *' Alexander Stewart of Bonskeid. 

Item the said Neill Stewart be his band and obligatioun as principall and Alexander 
Robertsoun alias Carlochsoun of Inchemagranoche as cautioner and souertie for him hes 
bund and oblist thame coniunctlie and seyerallie That the said Alexander Stewart and 
vmquhill John Stewart his brother thair men tennentis and seruandis eta Salbe nawayis 
trublit nor persewit in thair persones guidis toor geir be the said Neill nor that he 
his men tennentis and seruandis nor nane of thame sail hant trefect nor deall with 
John nor Alexander Stewart brether to the said Neill mordereres of the vmquhill Johne 
Stewart of bonskeid secreitlie nor opinlie directlie nor Indirectlie And that the said Neill 
his baimes and seruandis Salbe ansuerabill to the Lawis wnder the paine of tua Thowsand 
merkis Scottis money As thair letres obligatoris maid thairvpoun the nynt day of Januar 
the zeir of god Jm vj^ and sex yeiris Sen the quhilk t)rme the said Neill in the monethis 
of november december and remanent monethis the zeiris of god 1606 and 1607 zeiris At 
the leist in sum of the saidis monethis And Lyikwyis in the moneth of februar or thairby 
The zeir of god Jm vj*^ and aucht zeiris The said Neill hes ressauit the said John Stewart 

his brother In companye and Societie with him in his duelling-hous of 

be eitting drinking familiarlie daylie and nychtlie in houshold togidder And thairby hes 
contravenit the said band. 

Item the said Neill Stewart sen the dait of the said band In the moneth of appryll 
the zeir of god Jm vj^ and sex zeiris houndit out .... Ross his scruand In companye 
with the said John Stewart his brother to the slauchter of the said vmquhill John 
Stewart brother to the said Alexander At the leist quhome he mycht have stayit being 
his seruand, and sua hes contravenit the said band. 

Item the said Neill Stewart in the moneth of ... . last bypast wes in companye 
with the said John Stewart Dow M'^Uicallum and Alexander Robertsoun burges of 
Perth at the craig callit Craigwaimes abone the sitie of Dunkeld accompaniet with thrie 
notaris and dyvers vtheris persones maid dyvers bandis betuix the said John Dow and 
the said Alexander Robertsoun And sua hes contravenit the said band. 

Item last the said Neill Stewart In the moneth of ... . last bypast Ressauit 
Donald M'indoug and Duncan Gow seruitouris to the said John Stewart Dow M'gillical- 
lum efter thai wer hurt and woundit in the said John his awin companye And thairefter 
acceptit and ressauit be the said Neill and Intertenit be him in his said duelling-place 
fyflene days or thairby. 

(Dorso) Alexander Stewart of Bonskeid, 4 peces. 



Bonskeid 
Charters. 



LETTERS OF CHARGE st instance of Neil Stkwart of SheiT^las against Alkxb* Stewart of Bonskeid* Bonskeid 

Dated 4th Mareh 1608. CharUrs. 

James Be the grace of God King of gryt Brittan ffirance and Irlland Defender of the 
faytht To our Louittis Jhone M'Envoir Our Shireffis in that pairt coniunctlie and 



120 THE STEWARTS OF FQRTHERGILL. 

seueralie specealie constitutt gretting fforsamikell As it is humblie meanit and scliawin 
To ws be our Louitis Neill Stewart in Scheirglas and Alexander Robertsone alias Tar- 
lochsone of Inchmagranocht That quhair Alexander Stewart of Bonskeid aledging that 
the said Neill Stewart as principal! and the said Alexander Robertsone alias Tarlochsoun 
as cautioner souertie and full debtour for the said Neill be thair letres obligatouris sub- 
scryuit with thair awin handis of the daitt Att Dunkeld the eleint day of Januar The zeir 
of god Jni Sex hundreth and sex zeiris be the faytht and trewth of thair bodies oblist 
them coniunctlie and seueralie That the said Alexander Stewart of bonskeid and umqu- 
hill Jone Stewart his brother thair men tenenttis and servandis suld be hermeless and 
skeythles and nawayis trublit nor molestit in thair bodeis guidis and geir be the said 
Neill Stewart his men tennentis or serwandis nor nain wtheris quhome he may stope or 
lat wtherwayis nor be ordour of Law at na tym thairefter quhill that the said Neill 
Stewart compeir personalie in presens of our rycht traist cusing and counseler James 
erle of AthoU Lord ballwanie etc. and giwe ouer the said assurence and als dewlie 
aduertes the saidis Alexander and wmquhill Johne Stewartis upone the premontioun of 
Ten dayis premonitioun and als the said Neill for him his baimes men tenentis and ser- 
vandis band and oblist him his foimemit cawtioner and thair foirsaidis That thei nor nain 
of them Suld haue hant traffect commoning nor delaying \8ic for dealing] with Alexander 
nor Johne Stewartis nor Johne Stewartis brither to the said Neill Secreitlie nor oppinlie 
directlie nor indirectlie And that the said Neill his baimes men tenentis and serwandis 
sail be ansuerable To our Lawis for ony thing can be alegit aganis them for the Slauchter 
of wmquhill Johne Stewart of bonskeid or for resetting and commoning with the said 
Jone and Alexander Stewartis thair complicis sa oft as the said Neill and his foirsaidis 
sail be requirit To that effect wnder the paine of tua thousand merkis Scotis mone becaus 
of faillzie the Tua pairt thairof payit to our rycht traist cusing James erle of AthoU ana 
thrid pairt to the pairtie Hes purchest the foirsaid obligatioun registrat in the buikis of 
counsell and on thair pretendit maner causit charge the said compleneris To obserue keip 
and fuUfiU the saidis Lettres obligatouris in all and sindrie the heidis poyntis and con- 
ditionis thairof and specealie to mak payment of the sowme of Tua thousand merkis for 
aledgit fellzie in aledgit breaking of the said assurence and contrawing of the contentis 
foirsaidis of the saidis letres obligatouris within ane certan spece efber the charge wnder 
the pain of rebelioun and putting of the saidis compleneris to our home and for aledgit 
non obedience Intondis to put them thairto maist wranguslie Considering it is of weritie 
that the said pretendit obligatioun was maid and gran tit tiieixis causa and throw verie 
Just feir the said Neill being captiue and in presone of the castell of Blair and was com- 
pelit for feir of his lyf and for his libertie furtht of the said presone to grant the pretendit 
obligatioun foirsaid and all sic wnelaufull obligationis ar null in the self as maid contrair 
our lauis Secundlie it is of ueritie lyk as be. inspectioun of the saidis letres obligatouris 
extractit of the buikis of counsell presentlie schawin to the Lordis thairof that the heill 
hedis clausses and artickles quhilkis the saidis compleneris thairby ar oblist to fuMll 
consistis alltogidder in fact except the payment of the said sowme of Tua thousand 
merkis of peneltie in caice of fellzie And trew it is the saidis compleneris nor nather of 
them hes nawayis uiolat nor brokin the said assurence nor contrauit the tenour of the 
said band and obligatioun directlie nor inderectlie at na tyme Sen the making thairof 
neither is thair onie fellzie or contrauentioun qualefeit nor Declaratour giwin thairwpone 
And except it war foundin in ane speceall decreit and declaratour that the saidis com- 
pleneris haue contrauit and cum in the contrair of the said band and obligatioun and 
that thei thairthrow haid incurit the foirsaid penulltie thair aucht na sic charge to haue 
bein givin nor decreit aganis the saidis compleneris for Payment of the said fellzie And 
neuertheles for obedience of the command of our saidis wtheris letres and eschewing of 
the danger of homing thairin contenit They haue fund cautioun instantlie in presens 
of the saidis Lordis of our counsell for filling of the said pretendit Letres obligatouris in 
all and sindrie thair hedis pointis artickles and clausses thairof declaratour being haid 
quhat point or artickell restis wnfullfillit be them and als to mak payment of the said 



APPENDIX, 1 2 1 

penultie of Tua thousand merkis in maner contenit in the saidis Letres obligatouris in 
caice it sail be fundin that thei haue contrawnit the tenour thairof At onie tym Sen the 
making of the samen efter speeeall decreit and declaratour of the saidis Lordis of our 
counseU To be giwin thairanent and thairfoir our saidis wtheris Letres eflFect thairof and 
proces of our home thairin contenit aucht and Suld be suspendit simplieiter upone the 
saidis compleneris in tyme cuming for the cans foirsaidis as is alegit Our will is heirfoir 
and we charge zou That ze laufuUie summond wame and charge the said Allexander 
Stewarte of bonskeid .... [Paper torn.] 

(Dorso) 4 Marcii 1608. 

Ordanes peibles to produce the principall the mome, and to summon the pairteis 
in the meantyme. 

BOND by John Stewart, yoanger of Pitfurie, and John Stkwart, younger of Pitdorme, to Alexa Stewart I*on«|t«»*» 

of Bonskeid, for £1000. Recorded 23rd November 1609. thartere. 

At Eklinburgh the xxiij day of November The zeir of god J*" vj^ and Nyne zeiris In 
presens of the Lordis of counsall Compeirit personalie Archibald boyd procurator speciallie 
constitut be this vnderwritten obligatioun for Johne Stewart zounger of Pitfurie and 
Johne Stewart zounger of Petdomie And gave in the same subscriuit with thair handis 
desiring the same to be insert and registrat in the buikis of counsall and executoriallis to 
be direct thairvpoun in maner specifeit thairin The quhilk desire the saidis Lordis thocht 
ressonabill And thairfoir hes ordanit and ordanis the said obligatioun to be insert and 
registrat in thair saidis buikis and decemis and ordanis Letteris and executoriallis to be 
direct thairvpoun in maner specifeit thairin Off quhilk the tennour followis Be It kend 
till all men be thir present letters Me Johne Stewart zounger of petfurie and Johne 
Stewart of petdrome fforsamekle as we grant ws to haue borrowit and ressauit fra 
Alexander Stewart of bonsceid All and haill the sowme of ane thowsand pundis guid 
and vsuall money of North Britane and thairof Renunceand the exceptioun of nocht 
numerat money and all vther exccptiounis of the Law preiudiciall heirto discharges and 
exoneris the said Alexander Stewart and all vtheris quhom it effeiris Simplieiter Thair- 
foir to be bundin and obleist And be the tennour heirof bindis and obleisses ws conjunctlie 
and seucrallie our airis exccuteris assignais and intromettouris with our guidis and geir 
To redelyuer content and agane jmy the said sowme of Ane thowsand pundis money 
foirsaid to the said Alexander his airis executeris or assignais befoir the first day of Sep- 
tember nixtocum in this present zeir of God J™ vj^ and aucht zeiris but fraud or gyll 
And forder to pay to the said Alexander Stewart and his foirsaidis the pactionat and 
liquidat sowme of ane hundrcth pundis as for ex{)ensses incais of registratioun of thir 
presentis in our default and suiting executioun heirvpoun Pro vy ding alwayis incais we or 
ony of ws or our foirsaidis pay the said sowme of ane Thowsand pundis money foirsaid to 
the said Alexander or his foirsaidis Thatt than and in that cais the lettre of slanes maid 
be the said Alexander Stewart of bonskeid to Johne Stewart M*Gillichallum and vmqu- 
hill Alexander Stewart his brother for the slauchter of vmcjuhile Johne Stewart of 
bonskeid and of vmquhile Johne Stewart his sone Be delyuerit to the said Johne Stewart 
M'Gillichallum and the same lettre of Slanes and the freindschip maid betuix the said 
Alexander Stewart of bonskeid and Johne Stewart M'Gilliechallum stand in effect 
vnbrokin or violat in ony syd according to the appoyntment And for the mair securitie 
The saidis obligantis ar content thir presentis be registrat in the buikis of counsale and 
sessioun To haue the strenth of ane decreit of the Lordis thairof with executoriallis of 
homeing poynding and warding the ane but preiudice of the vther to follow thairvpoun 
And the homeing to be vpoun ane simpill charge of sex dayis onlie And constitutis 
Archibald Boyd our procurator Promitten. de rate In witnes of the quhilk thine thir pre- 
sentis writtin be Alexander Stewart sone to Johne Stewart of Granycht we haue sub- 



122 THE STEWARTS OF FORTHERGILL. 

scryvit with our handis befoir thir witness Jon Stewart of Granycht Neill Stewart in 
Scheglas and Alexander Stewart wrytter foirsaid Sic Subscribitur Johne Stewart zounger 
of Pitfurie with my hand Johne Stewart with my hand Neill Stewart witnes Johne 
Stewart witnes A. Stewart witnes. Extractum de libro actorum per me Dominum 
Joannem Skene de currehill militem clericum Rotulorum registri ac consilii S. D. N. Regis 
Sub meis signo et subscripcione manuali. 

Joannes Skene, Clericus Begistri etc 
(Dorso) Alexander Stewart 1609. 



DEEDS EELATING TO DUNCAN MENZIES OF COMRIE. 

Registrum CROWN CHARTER confirming Charter by Alexander Memzies of that Ilk to Duncan Mbnzies of Enoch, 

M^nii his brother -germau, of the Lands of Rorow. Charter dated 23rd July 1601; confirmed 2nd Angiut 

Sigilli, 1522. 
Lib. L. No. 

^^' Jacobus Dei gratia Magne Britannie Francie et Hybemie Rex fideique defensor 

Omnibus probis hominibus totius terre sue clericis et laicis salutem Sciatis nos cum 
avisamento et consensu predilecti nostri consanguinei et consiliarii Joannis comitis de 
Mar Domini Erskine et Garioche etc magni nostri Thesaurarii nostrorum computonim 
rotulatoris et coUectoris regni nostri Scotie reliquorum Dominorum commissionarionim 
eiusdem Quandam cartam et infeofamentum per Alexandrum Menzeis de eodem £Eu;tam 
et concessam quondam Duncano Menzeis de Enoche suo iratri germane et heredibus suis 
masculis cognomen et arma de Menzeis gerentibus suisque assignatis quibuscunque 
hereditarie et irredimabiliter absque vlla reversione redemptione seu regressu De totis et 
integris quatuordecim mercatis terrarum de Rorow cum singulis suis maneriebus domibus 
edificiis onsettis hortis toftis croftis outsettis siluis et piscariis tam salmonum quam 
aliorum piscium jacentibus in baronia de Menzeis infra bondas de Qlenlyoun et infra 
vicecomitatum nostrum de Perth Tenendis a prefato Alexandre Menzeis et heredibus suis 
de nobis et successoribus nostris in feodo et hereditate imperpetuum de mandato nostro 
visam lectam inspectam et diligenter examinatam sanam integram non rasam non can- 
cellatam nee in aliqua sui parte suspectam ad plenum intellexisse sub hac forma Omnibus 
banc cartam visuris vel audituris Alexander Menzeis de eodem salutem in Domino 
sempitemam noveritis me non vi aut metu ductum nee errore lapsum seu dolo aut 
fraude circumventum sed mea mera pura libera et spontanea voluntate meisque com- 
mode et vtilitate in hac parte vndique preuisis pensatis et mature consideratis virtute 
cuiusdam contractus initi et confecti inter me ab vna et Duncanum Menzeis de Enoche 
meum fratrem germanum ab altera partibus penes infeofamentum subscriptum ac pro 
causis onerosis in dicto contractu mentionatis necnon pro quadam certa magna pecunie 
summa mihi prefato Alexandre per prefatum Duncanum gratanter et integre premanibus 
persoluta et in pecunia numerata realiter et cum eflFectu deliberata ac in vsus meos 
totaliter conversa de quaquidem pecunie summa teneo me bene contentum plenarie et 
integre persolutum ipsumque Duncanum heredes sues executores et assignatos pro me 
heredibus meis executoribus et assignatis quietos inde clamo et exonero imperpetuum 
vendidisse tituloque et pure venditionis a me et heredibus alienasse et hac presenti carta 
mea confirmasse necnon tenore presentium vendere tituloque pure venditionis a me et 
heredibus meis alienare et hac presenti carta mea confirmare prefato Duncano Menzeis 
meo fratri germane et heredibus suis masculis cognomen et insignia de Menzeis 
gerentibus suisque assignatis quibuscunque hereditarie et irredimabiliter absque vlla 
reversione redemptione aut regressu Totas et integras meas quatuordecim mercatas 
terarum de Rorow cum omnibus et singulis suis maneriebus domibus edificiis onsettis 
hortis toftis croftis outsettis siluis piscationibus et piscariis tam salmonum quam alionim 
piscium annexis connexis priuilegiis partibus pendiculis et pertinentiis quibuscunque, 
jacentes in baronia mea de Menzeis intra bondas de Glenlyoun infira vicecomitatum de 



APPENDIX. 123 

Perth Tenendas et habendas Tolas et integras predictas meas quatuordecim mercatas 
terrarum de Rorow etc. [ut supra] prefato Duncano dictisque heredibus suis masculis et 
assignatis quibuscunque hereditarie et iixedimabiliter absque vlla reversione redemptione 
aut regressu a me et neredibus meis de supremo domino nostro rege et suis successoribus 
in feodo et hereditate imperpetuum per omnes rectas metas suas antiquas et diuisas 
prout jacent in longitudine et latitudine in domibus edificiis boscis planis moris marresiis 
viis semitis aquis stagnis rivolis pratis pascuis et pasturis molendinis multuris et eorum 
sequelis aucupationibus venationibus piscationibus petariis turbariis carbonibus car- 
bonariis, cuniculis cuniculariis fabrilibus brasinis brueriis et genestis siluis nemoribus et 
virgultis lignis tignis lapieidiis lapide et calce cum cuiiis et earum exitibus herezeldis 
bluduitis et mulierum merehetis cum communi pastura libero introitu et exitu ac cum om- 
nibus aliis et singulis libertatibus commoditatibus proficuis asiamentis ac justis suis per- 
tinentiis quibuscunque tarn non nominatis quam nominatis tam subtus terra quam supra 
terram procul et prope ad predictas terras aiiaque premissa cum pertinentiis spectantibus 
seu juste spectare valentibus quomodolibet in futurum libere quiete plenarie integre hono- 
rifice bene et in pace sine aliquo impedimento retinemento revocatione contradictione aut 
obstaculo aliquali Reddendo inde annuatim prefatus Duncanus Menzeis dictique heredes 
sui masculi et assignati quicunque prefato supremo Domino nostro Regi et successoribus 
suis jura et seruitia perprius inde debita et consueta tantum pro omni alio onere exactione 
questione seruitio seculari seu demanda que de predictis terris aliisque premissis cum 
pertinentiis per quoscunque juste exigi poterint quomodolibet vel requiri Et ego vero 
prefatus Alexander Menzeis de eodem et heredes mei tam tallie et prouisionis quam linee 
successoresque mei et assignati totas et integras predictas quatuordecim mercatas ter- 
rarum de Rorow [etc. ut supra] prefato Duncano Menzeis dictisque heredibus suis mas- 
culis et assignatis quibuscunque hereditarie et irredimabiliter absque vlla reversione 
redemptione aut regressu in omnibus et per omnia forma pariter et effectu vt premissum 
est et presertim ab omnibus nonintroitibus dominarum terciis coniunctis infeodationibus 
libere tenementis vitalibus aliisque redditibus eschaetis forisfacturis annualibus redditi- 
bus recognitionibus alienationibus totius vel majoris partis assedationibus longis et 
brevibus statis et sasinis publicis et priuatis purprusionibus et purpresturis disclamationi- 
bus bastardiis appretiationibus evictionibus reductionibus inhibitionibus interdictionibus 
et ab omnibus sdiis dispositionibus oneribus clameis damnis periculis inconvenientibus et 
imodimentis quibuscunque, quibuscunque causis factis occasionibus presentibus preteritis 
et futuris procedentibus juxta formam et tenorem antedicti contractus contra omnes 
mortales warrantizabimus acquietabimus et imperpetuum defendemus Insuper dilectis 
meis. ... Ac vestrum cuilibet coniunctim et diuisim balliuis meis in hec parte specialiter 
constitutis salutem vobis precipio et firmiter mando quatenus visis presentibus indilate 
statum sasinam hereditariam pariter et possessionem corporalem actualem et realem 
Totarum et integrarum predictarum quatuordecem mercatas terrarum de Rorow [eta ut 
supra] prefato Duncano Menzeis suo fratri germano dictisque heredibus suis masculis et 
assignatis quibuscunque hereditarie et irredimabiliter absque vlla reversione redemptione 
aut regressu vel certis suis actomatis seu procuratoribus actomato seu procuraton pre- 
sentium latoribus seu latori juste haberi facialis tradatis et deliberetis et hoc nullo roodo 
omittatis Ad quod faciendum vobis et vestrum cuilibet coniunctim et diuisim balliuis 
meis in hac parte antedictis meam plenariam et irrevocabilem tenore presentium com- 
mitto potestatem In cuius rei testimonium huic presenti carte mee preceptoque sasine 
scriptis per Jacobum Leslie seruitorem Magistri Oliveri Colt advocati ac per me prefatum 
Alexaudrum Menzeis de eodem vt sequitur subscriptis sigillum meum est appensum apud 
burgum de Perth die vigesimo tercio mensis Julij anno Domini millesimo sexcentesimo 
primo coram his testibus Adamo Menzeis de Bailoquhin Roberto Menzeis de Aberfaldy 
Jacobo Menzeis meo seruo Malcomo Broun scriba in Perth ac Alexandre Robertsoun 
notario. Quamquidem cartam et infeofamentum suprascriptam vnacum precepto sasine 
inibi specificate ac instrumente sasine desuper sequente in omnibus suis punctis et 
articulis conditionibus et medis ac circumstantiis suis quibuscunque In omnibus et per 



124 



THE STEWARTS OF FORTHERGILL. 



omnia forma pariter et effectu vt premissum est Batificamus approbamus ac pro nobis et 
successoribus nostris pro perpetuo confirmamus saluis omnimodo nobis et successoribus 
nostris juribus et seniitiis predictis quatuordecem mercatarum terranim aliarumque pre- 
scriptarum nobis et predicessoribus nostris ante banc presentem nostram confirmationem 
debitis et eonsuetis tantum Insuper nos pro nobis et successoribus nostris decemimus et 
ordinamus Quod hec presens nostra confirmatio est et in omnibus temporibus futuris erit 
tanti valoris roboris valitudinis et efficatie ac si eadem prefato quondam Duncano Menzeis 
Menzeis die et data dicti infeofamenti et ante decessum suum data et concessa fuisset ac 
etiam tanti valoris fortitudinis et efficatie ac si eadem prefato quondam Duncano Menzeis 
nostro sub magno sigillo in majori forma ante sasinam per ipsum de prefatis tenia 
aliisque prescriptis cum pertinentiis data et concessa fuisset non obstante eadem sasina 
per ipsum de eisdem hactenus capta penes quam omnesque alios defectus et imper- 
foctiones que desuper sequi poterunt nos pro nobis et successoribus nostris per presentis 
carte nostre tenorem imperpetuum dispensamus In cuius rei testimonium huic presenti 
carte nostre confirmationis magnum sigillum nostrum apponi precepimus Testibus vt in 
aliis cartis consimilis date precedentibus Apud Eklinburgh secundo die mensis Augusti 
anno Domini millesimo sexcentesimo vigesimo secundo Regnorum nostrorum annis 
quinquagcsimo sexto et vigesimo. 

Registruni CROWN CHARTER to Duncan Menzies of Enoch of the Lands of Rerak, Easter and Wester Comries, etc. 
J?*8?.* Dated 26th November 1603. 

1*1 1 *** 

No. 367. Jacobus Dei gratia Rex Scotie Anglie Gallic et Hibemie etc fideique defensor omnibus 

probis hominibus Totius terre sue clericis et laicis salutem Sciatis nos dedisse concessisse 
et hac presenti carta nostra confirmasse dilecto nostro Duncano Menzeis de Enoch suisque 
heredibus et assignatis hereditarie Totas et integras terras de Rerak alias Boras in Glen- 
lyoune et totas et integras terras de Eister et Wester Cumreis Auchley et Lagane cum 
omnibus et singulis suis turribus fortaliciis maneriebus siluis lacubus salmonum pisca- 
tionibus molendinis multuris lie knaifschip pomeriis hortis onsettis annexis connexis 
tenontibus tenandriis et libere tenentium seniitiis partibus pendiculis et pertinentiis suis 
quibuscunque, jacentes infra baroniam de Menzeis et vicecomitatum nostrum de Perth 
Quequidem Alexandro Menzeis de eodem in feodo et hereditate hereditarie pertinuerunt 
Per ipsum suosque predicessores de nobis nostrisque nobilissimis progenitoribus Per 
seruitium wardc et releuii tente Et nunc ad nos pertinent ac in manibus nostris 
deuenerunt ob dicti Alexandri Menzeis suorumque predicessorum hereditariam disposi- 
tionem maioris partis dicte baronie de Menzeis sine nostra nostrorumque predicessorum 
licentia consensu seu confirmatione sufficienti desuper obtenta Tenendas et habendas 
Totas et integras dictas terras Rerak alias Roras in Glenlyoune Et Totas et integras 
dictas terras de Eister et Wester Cumreis Auchley et Lagane Cum omnibus et singulis 
suis tuiTibus fortaliciis maneriebus siluis lacubus salmonum piscationibus molendinis 
multuris lie knaifchip pomeriis hortis lie outsottis annexis connexis tenentibus tenandriis 
et libere tenentium seruitiis partibus pendiculis et pertinentiis suis quibuscunque jacentes 
vt dictum est dicto Duncano Menzeis suis heredibus et assignatis de nobis et successoribus 
nostris in libera tenandria feodo et hereditate pro nunc et imperpetuum Per omnes rectas 
metas suas antiquas et diuisas prout eedem respectiue jacent in longitudine et latitudine 
In domibus edificiis boscis planis moris merresiis viis semitis aquis stagnis riuolis pratis 
pascuis et pasturis molendinis multuris et eorum sequelis aucupationibus venationibus 
piscationibus petariis turbariis carbonibus carbonariis cuniculis cuniculariis columbariis 
columbis fabrilibus brasinis brueriis et genestis siluis nemoribus et virgultis lignis tignis 
lapicidiis et calce cum furca fossa sok sak thole theme infangtheiff outfangtheiff pit et 
gallous wrak wair vennesoun cum curiis et eanim exitibus herezeldis bludewittis et 
mulierum merchetis cum communi pastura libero introitu et exitu ac cum omnibus aliis 
et singulis libertatibus commoditatibus proficuis et asiamentis ac justis suis pertinentiis 



APPENDIX. 



125 



quibuscunque tarn non nominatis quam nominatis tarn subtus terra quam supra terrain 
proeul et prope ad predictas terras aliaque particulariter prescripta cum suis pertinentiis 
speetantibus seu juste spectare valentibus quomodolibet in futurum libere quiete plenarie 
integre honorifice bene et in pace sine reuocatione contradictione impedimento aut 
obstaculo quocunque Insuper vniuimus annexauimus et incorporauimus Tenoreque 
presentis carte nostre vnimus annexamus et incorporamus Totas et integras dictas terras 
de Rerak alias Roras in Glenlyoune Et Totas et integras dictas terras de Eister et Wester 
Cumreis Auchley et Lagane Cum omnibus et singulis suis turribus fortaliciis maneriebus 
siluis laeubus salmonum piscationibus molendinis multuris lie knaifschip pomeriis hortis 
lie outsettis onsettis annexis connexis tenentibus tenandriis liberetenentium seruitiis 
partibus pendiculis et pertinentiis earundem quibuscunque, jacentes vt predicitur in 
vnam tenandriam omni tempore futuro Tenandriam de Cumrie nuncupandam ac 
volumus et concedimus ac pro nobis et successoribus nostris decemimus et ordinamus 
quod vnica sasina nunc per prefatum Duncanum Menzeis suosque heredes et successores 
super prefatis terris de Cumrie sumenda adeo valida et sufficiens erit sasina ac si par- 
ticulans sasina per eos apud quamlibet partem dictarum terrarum molendinonim siluarum 
lacuum piscariarum aliorumque particulariter suprascriptorum suscepta fuisset Reddendo 
inde annuatim dictus Duncanus Menzeis sui heredes et assignati nobis et successoribus 
nostris seruitium warde releuii debitum et consuetum In cuius rei testimonium huic 
presenti carte nostre magnum sigillum nostrum apponi precepimus Testibus vt in aliis 
cartis consimilis date precedentibus Apud Edinburgh vicesimo sexto die mensis Novembris 
anno Domini millesimo sexcentesimo tertio et Regni nostri Scotie tricesimo septimo 
Anglie vero Qallie et Hibernie primo. 

CROWN CHARTER to Duncan Menzies of Comriefi, and Mart Campbell, his wife, etc., of the lAnds of Registnim 

Balnagaird and Balnavert. Dated 25th August 1614. V*^^ 

Jacobus dei gratia Magne Britannic Francie et Hibernie Rex, fideique defensor No. 817. 
Omnibus probis hominibus totius terre sue clericis et laicis salutem Sciatis nos dedisse 
concessisse disposuisse et hac presenti carta nostra confirmasse tenoreque eiusdem dare 
concedere disponere ac pro nobis et successoribus nostris pro pcrpetuo confirmare Dilecto 
nostro Duncano Meinzeis de Comreis et Marie Campbell eius conjugi eorumque alteri 
diutius viuenti in conjuncta infeodatione et heredibus inter ipsos legitime procreatis seu 
procreandis Quibus deficientibus legitimis et propinquioribus heredibus et assignatis 
dicti Duncani quibuscunque hereditarie et irredimabiliter absque vlla reversione redemp- 
tione seu regressu Totas et integras terras de Balnagaird et Balnavert cum omnibus et 
singulis maneriebus domibus edificiis lie onsettis hortis pomariis toftis croftis lie outsettis 
molendinis terris molendinariis multuris tam astrictis quam aliis sequelis lie scheillingis 
pasturis piscariis tam salmonum quam aliorum super aqua de Tay annexis connexis 
partibus pendiculis et pertinentiis quibuscunque, jacentes infra vicecomitatum nostrum 
de Perth Qucquidem perprius ad Jacobum Atholie comitem pertinuerunt et per suos 
legitimos procuratores Uterasque patentes in manibus nostris tanquam in manibus sui 
immediati superioris earundem pure et simpliciter per fustim et baculum vt moris est 
apud Edinburghum resignate fuerunt cum omni jure titulo interesse jurisclameo peti- 
torio et possessorio que dictus Jacobus Atholie Comes heredes sui aut assignati habuerunt 
habent seu quouismodo habere vel clamare poterant pro hoc nostro nouo infeofamento 
per nos nostro sub magno sigillo prefatis Duncano et Marie sue sponse desuper dando et 
conficiendo eorumque alteri diutius viuenti in conjuncta infeodatione eorumque heredibus 
et assignatis antedictis hereditarie ac irredimabiliter vt prefertur Insuper nos pro bono 
fideli et gratuito seruitio nobis per dictum Duncanum prestito et impenso de nouo dedi- 
mus concessimus disposuimus ac pro nobis et successoribus nostris pro perpetuo confir- 
mauimus Tenoreque presentis carte nostre de nouodamus concedimus disponimus ac 
pro nobis et successoribus nostris pro perpetuo coniirmamus prefatis Duncano Meinzeis 



VIL 



8 



126 THE STEWARTS OF FORTHERGILL. 

et Marie Campbell eius eonjugi eonimque alteri diutius viuenti in conjuncta infeodatione 
et heredibus inter ipsos legitime procreatis sen procreandis Quibus dencientibus legitimis 
et propinquioribus heredibus et assignatis dieti Duncani quibuseunque hereditaria et 
irredimabiliter absque vlla reuersione redemptione sen regressu aliquali Omnes et sin- 
gular predictas terras de Balnavaird [sic] et Balnavert cum omnibus et singulis manerie- 
bus domibus edificiis lie onsettis et outsettis hortis pomariis toftis croftis molendinis 
multuris tarn astrictis quam aliis sequelis lie scheillingis pasturis piscariis tarn salmonum 
quam aliorum super dicta aqua de Tay annexis connexis partibus pendiculis et pertinen- 
tiis suis quibuseunque vt prefertur jacentes vnacum omni jure titulo interesse jurisclameo 
proprietate et possessione tarn petitorio quam possessorio que nos predicessores sen suc- 
cessores nostri habuimus habemus seu quouismodo ad easdem in futunim habere vel 
clamare poterimus seu ad aliquam partem earundem vel ad firmas proficua et deuorias 
eorundem de quibuseunque annis et terminis preteritis Batione Warde releuii nonintroi- 
tus eschaete forisfacture recognitionis purpresture disclamationis bastardie reductionis 
infeofamcntorum sasinarum seu retomatuum earundem alienationis totius seu majoris 
partis seu quocunque alio mode jure aut titulo vel pro quibusuis aliis causis actionibus 
imperfectionibus defectubus seu occasionibus preteritis datam presentis carte nostre pre- 
cedentibus Renunciando et exonerando eadem cum omni actione instantia et clameo pro 
nobis nostriscjue successoribus prefatis Duncano et Marie eius eonjugi eorumque heredi- 
bus et assignatis antedictis cum pacto de non petendo ac cum supplemento omnium 
dufectuum tam non uominatonim quam nominatorum quos tanquam pro expressis in hac 
presonti carta nostra haberi vohimus Tenendas et habendas omnes et singulas predicta-s 
terras de Balnagaird et Balnavert cum omnibus et singulis maneriebus domibus edificiis 
lie onsettis outsettis hortis pomariis toftis croftis molendinis multuris tam astrictis quam 
aliis sc(iuelis lie scheillingis pasturis piscariis tam salmonum quam aliorum super dicta 
aqua de Tay annexis connexis partibus pendiculis et pertinentiis suis quibuseunque vt 
prefertur jacentes prefatis Duncano Meinzeis et Marie Campbell eius eonjugi eorumque 
alteri diutius viuenti in conjuncta infeodatione et eorum heredibus et assignatis antedictis 
hereditarie et irredimabiliter absque vlla reuersione redemptione seu regressu aliqua vt 
prefertur de nobis et successoribus nostris in feodo et hereditate imperpetuum per omnes 
rectas metas suas antiquas et diuisas prout jacent in longitudine et latitudine in domibus 
edificiis boscis planis moris marresiis viis semitis aquis stagnis riuulis pratis pascuis et 
pasturis molendinis multuris et eorum sequelis aucupationibus venationibus piscationibus 
petariis turbariis carbonibus carbonariis cimiculis cuniculariis columbis columbariis fabri- 
libus brasinis brueriis et genestis syluis nemoribus et virgultis lignis tignis lapicidiis 
lapide et calce cum curiis et earum exitibus herezeldis bluduitis et mulierum merchetis 
cum commuiii pastura libero introitu et exitu ac cum omnibus aliis et singulis libertati- 
bus commoditatibus proficuis asiamentis ac justis suis pertinentiis quibuseunque tam non 
nominatis quam nominatis tam subtus terra quam supra terram procul et prope ad pre- 
dictas terras cum pertinentiis spectantibus seu juste spectare valentibus quomodolibet in 
futurum libere quiete plenarie integre honorifice bene et in pace absque vlla reuocatione 
contradictione impedimento aut obstaculo aliquali Reddendo inde annuatim prefati 
Duncanus Meinzeis et Maria Campbell eius conjunx ac eorum alter diutius viuens eorum- 
que hcredes et assignati resi)ectiue antedicti Nobis et successoribus nostris Jura et seruitia 
inde prius debita et consueta tantum In cuius rei testimonium huic presenti carte 
nostre magnum sigillum nostrum apponi precepimus Testibus vt in aliis cartis consimilis 
date precedentibus Apud Edinburgh vigesimo quinto die mensis Augusti anno Domini 
millesimo sexcentesimo decimo quarto et regnorum nostronim annis quadragesimo 
octauo et duodecimo. 



APPENDIX. 



127 



CHARTER by William Earl of Tullibardin in favoar of Duncan Menzies of Comries, and Marion Athole 
Campbell, his wife, of the Mains of Garth and half of the Bordlandd of Forthergill, etc. Dated 16th Charter- 
December 1616. ^^™- 

Omnibus hanc chartam visuris vel audituris Salutem in Domino sempitemam 
Willelmus Comes de Tullichbardin dominus de Cask et Balquidder hereditarius pro- 
prietarius terrarum et aliarum infrascriptanim Noveritis me pro perimpletione vnius 
mce partis cuiusdam contractus initi et confecti inter me ab vna et Duncanum Menzeis 
de Comreis et Mariam Campbell eius sponsam partibus ab altera de data presentium 
Penes hoc presens infeofamentum et pro octo mille mercarum vsualis monete regni Scotie 
in numerata pecunia mihi per dictum Duncanum integre et plenarie persolutum ut in 
vsum meum tempore confectionis presencium totaliter conversum de quaquidem summa 
teneo me bene contentum et de eadem pro me et successoribus meis dictum Duncanum 
heredes successores et eius executores exonero et quietosclameo imperpetuum Vendidisse 
disposuisse tituloque pure vendicionis alienasse et hac presenti carta mea confirmasse 
Necnon tenore presencium vendere disponere tituloque pure vendicionis allienare et hac 
presenti carta mea confinnare Dictis Duncano Menzeis et Marie Campbell eius spouse 
et eorum alteri diucius viventi in coniuncta infeodacione et heredibus inter ipsos legit- 
time procreatis seu procreandis quibus deficientibus heredibus et assignatis dicti Duncani 
quibuscunque Totas et integras terras dominicales de Garth et orientalem dimedictatem 
terranim de Boirdland de Forthirgill Tredecem et quatuor denariatas terrarum de 
Tomnacroich et terras de Ardchraschast cum lie scheillingis de Ritomnicruik et Craig- 
waid cum omnibus et singulis aliis lie gressingis scheillingis piscacionibus salmonum et 
aliarum piscium lie outsettis partibus pendiculis et pertinentiis dictarum terrarum Omnes 
jacentes infra baroniam de Garth et Forthirgill et vicecomitatum de Perth et eciam 
t4)tas et integras terras vocatas lie hauch de TuUimat cum domibus edificiis lie gressingis 
scheillingis piscationibus partibus pendiculis et pertinenciis earundem jacentes infra 
dictum vicecomitatum de Perth Tamquam pro principalibus Necnon omnes et singulas 
terras et baroniam de TuUichmat cum molendinis terris molendinariis piscacionibus Super 
aquam de Tay silvis nemoribus lie gressingis et scheillingis et omnibus aliis partibus 
pendiculis et pertinenciis dicte baronie de TuUichmat jacentes infra dominium de AthoU 
et vicecomitatum predictum et hoc in speciali warrantum predictarum terrarum 
aliarumque principaliter alienatarum Ita quod si contigerit dictum Duncanum Menzeis 
et Mariam Campbell eius sponsam vel altcnim eorum diutius viventem aut eorum 
heredes et assigiiatos predictos molestari perturbari aut impediri in pacifica possessione 
et gavisione dictarum terrarum aut aliarum supraspecificatarum vt dictum est principaliter 
alienatarum Ita si contigerit quod dicte terre cum pertinenciis predictis evicte fuerint a 
dicto Duncano vel sua sponse aut eonim successoribus ordine juris Ita quod illi realiter 
et in pace iure non possunt dictas terras principaliter alienatas possidere et gaudere 
secundum tenorem dicti contractus et huius carte alienacionis Tunc et in iis casibus et 
immediate post dictam molestacionem vel evictionem dictus Duncanus et eius sponsa 
corumque alter diucius vivens et eorum heredes antedicti Habebunt plenum et liberum 
acceasum et ingressum in et ad dictaa terras et baroniam de TuUichmat et alia prescripta 
datas et concessas in securitatem et warrantum vt prefertur et in et ad proprietatem et 
possessionem eiusdem Possidendas et gaudendas per dictum Duncanum et sponsam eius 
et eorum predictos omni tempore affuturo simili modo et adeo libere in omnibus 
respectibus vti potuenint possidisse prefatas terras principaliter alienatas ante dictam 
molestationem et evictionem Tenendas et habendas Totas et integras predictas terras 
dominicales de Garth orientalem dimidietatem terrarum de Boirtlland de Forthirgill 
Tredecem et quatuor denariatas terrarum de Tomnacroich et terras de Ardchraschast 
cum lie scheillingis de Ritomnicruik de Craigwaid cum omnibus et singulis aliis lie 
gressingis scheillingis piscacionibus et aliis predictis et piscacionibus salmonum et aliarum 
piscium lie outsettis partibus pendiculis et pertinenciis dictarum terrarum vt prefertur 



1 28 THE STEWARTS OF FORTHERGILL. 

jacentes et etiam iotas et integras terras vocatas lie hauch de Tullimat cum domibus 
ediiiciis gressingis scheillingis piscationibus et aliis predictis vt premittitur jacentes in 
feodo et hereditate taniquam pro principalibus Necnon omues et singulas terras et 
baroniam de Tullicbmat cum molendinis et terris molendinariis piscacionibus super aquam 
de lie Tay silvis nemoribus lie gressingis scheillingis et omnibus aliis partibus pendiculis 
et pertinenciis dicte baronie de Tullicbmat jacentes infra dictum dominium de AthoU et 
dictum vicecouiitatum de Perth in warrantum et securitatem vt prefertur alienatas dicto 
Duncauo Menzeis et dicte Marie Campbell eius spouse in coniuncta infeodacione et eorum 
alteri diucius viventi et heredibus inter ipsos legittime procreatis seu procreandis quibus 
deficientibus heredibus et assignatis dicti Duncani quibuscunque de me heredibus et 
successoribus meis De Supremo Domino Nostro Eege et suis successoribus meis immediatis 
superioribus earundem terrarum in feodo et hereditate et libera alba firma imperpetuum 
Per omnes rectas metas suas antiquas et divisas prout jacent in longitudine et latitudine 
In domibus edificiis boscis planis moris marresiis viis semitis aquis stagnis hyolis pratis 
pascuis et pasturis molendinis multuris et eorum sequelis aucupacionibus venacionibus 
piscacionibus petariis turbariis carbonibus carbonariis cuniculis cuniculariis columbis 
columbariis pomis pomeriis fabrilibus brasinis brueriis et genestis silvis nemoribus et 
virgultis liguis tiguis lapicidiis lapide et calce cum curiis et earum exitibus herezeldis 
bludewitis et mulierum merchetis cum comnmni pastura libero introitu et exitu ac cum 
aliis omnibus et singulis libertatibus commoditatibus proficuis asiamentis et iustis suis 
pertinenciis quibuscunque tam non nominatis quam nominatis tam subtus terra quam 
supra terram procul et prope ad predictas terras cum pertinenciis earundem spectantibus 
seu iuste spectare valentibus quomodolibet in futurum libere quiets plenarie integre 
honorifice bene et in pace sine aliquo impedimento revocacione contradiccione aut 
obstaculo quocunque Reddendo inde annuatim dictus Duncanus Menzeis et Maria 
Campbell eius sponsa et eorum diucius vivens heredesque inter ipsos legittime procreati 
seu procreandi qui deficientes heredes et assignati dicti Duncani quibuscunque [sic] dicto 
Supremo Domino Nostro Kegi et successoribus meis immediatis superioribus dictarum 
terrarum pro dictis terris dominicalibus de Garth orientali dimedietate de Boirdland de 
Forthirgill Tredecem solidatis et quatuor deuariatis terrarum de Tomnacroich et terris de 
Ardchraschast cum lie scheillingis de Ritomnicruik et Craigwaid cum pertinenciis 
predictis Summam .... [sic] monete predicte nomine feudifirme tantummodo 
Et pro dictis tems vocatis lie hauch de Tullimat vnum denarium super solo et fundo 
eiusdem ad festum Penthecostes nomine albe firme si petatur tantum Et si contigerit 
quod dicte terre principaliter alienate evicte fuerint Solvendo dicto Supremo Domino 
Nostro Kegi et suis successoribus pro dictis terris et baronia de TuUimat et aliis supra- 
scriptis in warrantum et securitatem vt dictum est alienatas .... [effaced] super solo 
et fundo dicte baronie vel aliqua earundem parte nomine albe firme si petatur tantum 
cum observatione omnium restrictionum et conditionum si alique sint in meis et pre- 
dicessoribus vel authoribus meis antiquis et originalibus infeofamentis predictarum terrarum 
specificatorum et contentorimi pro omni alio onere exactione questione demanda seu 
servitio secular! que de predictis terris cum pertinenciis per quoscunque iuste exigi 
poteriut quomodolibet vel requiri Et ego vero dictus Willelmus Comes de Tullibardin 
domiuus de Gask etc. heredes mei et assignati Totas et integras terras dominicales de 
Garth orientalem dimidietatem terrarum de Boirdland de Forthirgill Tredecem et quatuor 
denariatas terrarum de Tomnacroich et terras de Ardchraschast cum lie scheillingis de 
Ritomnicruik et Craigwaid cum omnibus et singulis aliis lie gressingis scheillingis pisca- 
cionibus salmonum et aliis predictis Et etiam totas et integras terras vocatas lie hauch 
de Tullimat cum domibus edificiis et pertinenciis earundem supraspecificatis omnes 
jacentes vt premittitur tamquam pro principalibus Necnon omnes et singulas terras et 
baroniam de Tullicbmat cum molendino terris molendinariis piscacionibus super aquam 
de Tay silvis nemoribus lie gressingis scheillingis et omnibus aliis partibus pendiculis et 
pertinenciis dicte baronie vt prefertur jacentes, in speciale warrantum concessas et 
alienatas Predicto Duncano et sue spouse eorumque alteri diucius viventi in coniuncta 



APPENDIX. 



129 



infeodatione et heredibiia inter ipsos legittime procreatis sea procreandis quibus 
deficientibus heredibus et assignatis dicti Duncani quibuscunque hereditarie ab omnibus 
wardis releviis nonintroitibus heredum dominarum terciis vsualibus aut annuls redditibus 
prioribus allienacionibus privatis et publicis sasinis assedacionibus assignacionibus 
resignacionibus interdictionibus inhibitionibus evictionibus reductionibus forisfacturis 
disclamationibus purpresturis preteritis feudifirmis et preteritis taxationibus namationibus 
et appretiacionibus Et geueraliter ab omnibus et singulis factis periculis accidentibus vel 
inconvenientibus quibuscunque tam non nominatis quam nominatis preteritis presentibus 
quam futuris Sub reversione tamen dicte summe octo mille mercanim et sub reserua- 
tionibus in dicto contractu specificatis et secundum tenorem eiusdem et non alias aliter 
neque alio modo contra omnes mortales warrantizabimus acquietabimus et imperpetuum 
defendemus Insuper dilectis nostris . . . . et vestrum cuilibet coniunctim et divisim 
ballivis meis in hac parte specialiter constitutis Vobis et vestrum cuilibet precipimus et 
mandamus quatenus visis presentibus indilate statum sasinam hereditariam pariter et 
possessionem corporalem actualem et realem Totarum et iutegrarum predictarum terrarum 
dominicalium de Garth et orientalis dimedietatis terrarum de Bomlland de Forthirgill 
Tredecem et quatuor denariatarum terrarum de Tomnacroich et terrarum de Ardchraschast 
cum lie scheillingis de Ritomnicruik et Craigwaid cum omnibus et singulis et gressingis 
piscationibus salmonum et ceteris pertinenciis predictis Et etiam Totarum et integrarum 
vocatarum lie hauch de Tullimat cum domibus edificiis et pertinenciis earundem tamquam 
pro principalibus Necnon omnium et singularum terrarum et baronie de Tullichmat cum 
molendino terris molendinariis piscationibus super aquam de Tay domibus edificiis et 
pertinenciis partibus et pendiculis earundem in speciale warrantum vt prefertur alienatarum 
dictis Duncano Menzeis et Marie Campbell eius spouse in coniuncta infeodacione et 
eorum alteri diucius viventi vel suis certis actornatis latoribus presencium Per terre et 
lapidis fundi dictaruin terrarum respectiue supramentionatanim vt moris est traditionem 
et deliberation em secundum formam et tenorem suprascripte carte mee iuste haberi faciatis 
tradatis et deliberitis [sic] Et hoc nullo modo omittatis ad quod faciendum Vobis et vestrum 
cuilibet coniunctim et divisim balliuis meis in hac parte specialiter constitutis meam 
plenariam et irrevocabilem tenore presencium committo potestatem In cuius Kei testi- 
monium huic presenti carte mee (ex chirographo Jacobi Aitkin servitoris Joannis Young 
scribe et clerici principalis vicecomitatus de Edinburgh) manu mea subscripte sigillura 
meum proprium est appensum Apud Edinburgum decimo sexto die mensis Decembris 
anno Domini millesimo sexcentesimo et decimo quinto Coram his testibus Koberto 
Murray meo fratre Magistro Joanne Murray et Aubino Murray meis servitoribus Joanne 
Bell servitore dicti Duncani et dicto Jacobo Aitkin. 

TULLIBARDINE. 

Egbert Murray Witnes. 
JoHNNE Bell Witnea 
J A. AlTKYNE Witnes. 

NOTES OF SASINES relating to the Mains and Castle of Garth. Part Reg. 

Sasine by the hands of Archibald Menzies in Garth, bailiff for William Earl of Tulli- perthT"*' 
bardin, and on charter granted by the latter, to Sir Alexander Menzies of that ilk, 
knight, and Marjory Campbell, his spouse, in conjunct fee, and to the heirs of the said Sir 
Alexander, of the Mains of Garth, with the castle thereof, etc. The charter is dated 
5th July 1617, and the sasine is given 1st May 1618. 

There follows a sasine of same date on charter by Sir Alexander Menzies and Lady 
Marjory Campbell, his spouse, to Kobert Menzies, their fourth son, of the said Msdns of 
Garth, castle, etc. Charter is dated 14th July 1617. 



\ 



vi. fol. 468. 



130 THE STEWARTS OF FQRTHERGILL. 

DEEDS RELATING TO JAMES STEWART OF WESTER CLUNT, AND 

MISCELLANEOUS DOCUMENTS. 

PurlL "RiMf SASINE to James Stewart, Fear of Wester Cluny, of the portion of Oavell Moir therein described. 

I^jj^' Dated 16th Nov. 1638 ; registered 8th Jan. 1634. 

l^^^^i* Tftft Apud Perth octauo Januarii 1634. Quhilk day the seasing following presentit be 

'" " Alexander Robertsone of Lud is insert and registrat on the 468 and 469 leaves of the 

sext volum of the publict register of seasingis etc. within the schireffdome of Perth con- 
forme to the act of Parliament Quhairof the tenor foUowis In Dei nomine amen per 
hoc presens publicum instrumentum cunctis pateat evidenter et sit notum quod anno 
Incaniacionis dominice 1633 mensis vero Novembris die decimo sexto regnique S. D. N. 
Caroli magne Britannic francie et hybernie regis defensoris fidei anno nono In mei 
notarii publici et testiura infrascriptorum presencia personaliter constitutus discretus 
Juvenis Jacobus Stewart feodatarius de Wester Chine habens et tenens in suis manibus 
quandam cartam alienacionis sibi per Fergusium Fergussone de Belledmond, de et super 
tota et integra ilia parte de Gaevell moir de Balledmond proxime adiacente prato eiusdem 
de presente per Alexandrum Fergussoun filium Fiulai Fergussone alias Coupar occupata 
estimata ad quadraginta denariatas terre cum domibus et edificiis per dictum Alexandrum 
occupatis et cum particula et portione dicti prati similiter per eum occupata ac cum om- 
nibus aliis et singulis domibus edificiis hortis toftis croftis lie girsingis schealings loningis 
partibus pendiculis et pertinenciis huiusmodi quibuscunque dicto Feigusio Fergussone 
iure hereditario incumbentibus Jacentibus infra tenandriam de Logieraitt et vicecomita- 
tum de Perth factam et concessam prout in dicta carta preceptum sasine in fine con- 
tinente pergameno scripta et subscripcione manuali dicti Fergusii subscripta et roborata 
latius continetur Accessit prenominatus Jacobus Stewart ad personalem presenciam 
discreti viri Finlai Fergussoun alias Gow fabri ferrarii in Muling balliui in hac parte 
dicti Fergusii Fergusson in dicto precepto specificati atque eidem balliuo dictam cartam 
exhibuit et presentauit eundem requirendo quateuus dictum preceptum in eadem con- 
tentura debite execution! demandaret Quiquidem ballivus dictam cartam reverentia qua 
decuit de eius manibus ad se recipiens mihi notario publico subscripto vt eiusdem et 
dicti precepti sensum et effectum astantibus exponerem tradidit Cuius precepti tenor 
talis sequitur Insuper dilectis meis Finlaio Fergussone alias Gow et vestrum cuilibet 
coniunctim et diuisim balliuis meis in hac parte specialiter constitutis precipio et firmiter 
mando quatenus visis presentibus indilate Statum sasiuam hereditariam pariter et 
possessionem corporalem actualem et realem totius et integre dicte partis de Gawell moir 
in Balledmond proxime adiaceutis prato eiusdem de presente per dictum Alexandrum 
Fergussoum occupate estimate ad quadraginta denariatas terre cum domibus edificiis et 
particula dicti prati per dictum Alexandrum occupate ac cum omnibus aliis et singulis 
domibus edificiis hortis toftis croftis lie girsingis shealingis partibus pendiculis et 
pertinentiis huiusmodi quibuscunque Jacentis vt supra dicto Jacobo Stewart pro se 
heredibus suis et assignatis antedictis vel suo cei'to actomato seu procuratori presentium 
latori per terre et lapidis fundi huiusmodi terrarum traditionem in forma iuris solita 
secundum tenorera presentis carte mee desuper confecte tradatis deliberetis et iuste 
haberi faciatis Et hoc nullo modo omittatis ad quod faciendum Vobis et vestrum cuilibet 
coniunctim et diuisim ballivis meis in hac parte antedictis meam plenariam et irre- 
vocabilera tenore presentium committo potestatem In cuius rei testimonium presentibus 
per magistrum Duncanum M'clagane notarium in Atholia scriptis ac manu mea prout 
sequitur subscriptis Sigillum meum proprium est appensum Apud Blair in AthoiU 
vigesimo tercio die mensis octobris anno Domini Jm vj° trigesimo tercio Comm his 
testibus Mr Waltero Stewart ministro Dei verbi apud ecclesiam de Blair in AthoiU 
Joanne Stewart de Scheirglas Malcolmo Stewart eius filio Joanne Campbell filio Archi- 
baldi Campbell de Lagvinscheath et nobis Magistro Duucano M'Lagane et Jacobo 
Morgoun notariis in premissis rogatus et requisitus Sic Subscribitur Fergus Fergussoun 



%mm 



APPENDIX. 131 

foirsaid with my hand led at the pen of the notar vndervrittin at my command becaus I 
can not wrett Ita est Magister Duncanus M'clagan notarius publicus admissus premissa 
subscribere de mandato dicti Fei-gusii Fei-gussoun scribere nescientis vt asseruit teste manu 
propria Ita est Jacobus Morgoun connotarius in premissis de mandato dicti Fergusii Fer- 
gussoun scribere nescientis vt asseruit teste manu propria Mr Walter Stewart witnes John 
Stewart witnes Malcolme Stewart witnes Johne Campbell witnes Post cuiusquidem carte 
et precepti presentationem receptionem et in vulgarem astantibus expositionem dictus 
Finlaius Fergussone Balliuus debita cum instancia vt premittitur requisitus onus eiusdem 
officii balliuatus in se recipiens ac dictum preceptum iuste executioni demandari accessit 
cum prenominato Jacobo Stewart ad fundum dictarum terrarum de Gavell moir Et ibidem 
Statum Sasinam hereditariam pariter et possessionem corporalem actualem et realem Totius 
et integre illius partis de Gavell moir de Belledmond proximo adiacentis prato eiusdem cum 
dicta particula dicti prati estimate ad quadraginta denariatas terrarum cum domibus edi- 
ficiis hortis toftis croftis lie girsingis shealingis loningis partibus pendiculis et pertinentiis 
memorato Jacobo Stewart pro se heredibus suis et assignatis vel suo certo actornato seu 
procuratori presentium latori Per terre et lapidis fundi dictarum terrarum vt moris est 
traditionem in forma iuris solita Secundum tenorem dicte carte et precepti desuper 
confecte nemine impediente contulit tradidit et deliberauit Ordinando quoque hoc presens 
publicum instrumentum iuxta tenorem acti parliamenti rite registrandum Super quibus 
omnibus et singulis dictus Jacobus Stewart vnum sine plura publica instrumenta A me 
notario publico subscripto sibi fieri peciit Acta erant hec super solum dictarum terrarum 
horam circiter duodecimam Sub anno Domini regis regno et mensis die quibus supra 
Presentibus ibidem Fiulaio Fergussone alias Couper in Muling Alexandro Fergussone 
ibidem et Joanne Dow M*glaschen ibidem ac me notario publico subscripto Testibus in 
premissis rogatis et requisitis Sic Subscribitur, Et ego vero Magister Duncanus M*clagane 
clericus'Dunkeldensis diocesis auctoritate regali notarius publicus ac per dominos consilii 
secundum tenorem acti parliamenti admissus etc. manu mea fideliter scriptum etc. 

D. M*CLAGANE notarius. 

SASINE to Jajces Stewart, second son of Alexander Stewart of Bonskeid, of the Lands of Wester Clany. pg^t Reg. 

Dated dlst May, and Registered 24th June, 1625. Seisins, 

Perth, 

Apud Perth vigesimo quarto die mensis Junii anno Domini millesimo Sexcentesimo Vol. i. fol. 
vigesimo quinto. Quhilk day the Instrument of seasing wnderwreatin preseutit Johne ^^*^' 
Carmichell Seruitour to Alex' Stewart of Bonskeid is insert and registrat on the 222 and 
223 leawis of the Publict Register of Seasings within the Schirefdome of Perth, conforme 
to the act of Parliament. 

In Dei nomine amen per hoc presens publicum instrumentum cunctis pateat evidenter 
et sit notum quod anno Incamacionis dominice millesimo sexcentesimo vigesimo quinto 
mensis vera Maii die vltimo Regnique S. D. N. Caroli magne Brittanie francie et hybeniie 
regis defensoris fidei eius regni anno primo In mei notarii publici et testium infra- 
scriptorum presencia personaliter constitutus prole indolis iuuenis Jacobus Stewart filius 
legittimus secundo genitus honorabilis viri Alexandri Stewart de Bonskeid habens et 
teueus in suis manibus quandam cartam alienacionis concessionis et dispositionis per 
dictum Alexandnim Stewart suubi patrem factam et concessam dicto Jacobo Stewart 
heredibus suis et assignatis quibuscunque hereditarie et irredimabiliter absque rcuersione 
redemptione aut regressu De et super totis et integris terris triginta solidatarum terrarum 
de Wester Cluny cum siluis quercuus aliisque siluis quibuscunque super bondis huius- 
modi crescentibus Ac cum salmonum piscationibus super aqua de Tymell piscariis super 
lie Lyne de Tymell vnacum pratis aliisque singulis siluis piscationibus tuguriis lie 
girsings scheallings outseatts domibus edificiis hortis toftis croftis partibus pendiculis et 
pertinenciis quibuscunque ad dictas triginta solidatas terrarum de Wester Clunie sibi 
dicto Alexandro Stewart iure hereditario incumbentes Jacentes in tenendria de Logyraitt 
per anuexationem et infra vicecomitatum de Perth atque etiam cum tenentibus tenandriis 



13^ 



THE STEWARTS OF FORTHERGILL. 



et libere tenentium seruitiis Eeseruando preter et extra dictum dispositionem dicto 
Alexandro Stewart heredibus suis piscacionem salmonum et aliam piscationem quam- 
cuDque super lie lyne de Tymell et super aqua de Tymell ex occidentali parte qua riuns 
de Garrie intractus in aquam seu fluuium de Tymell ac cum libero accessu et regressu 
ad dictam piscationem super dictis terris de Cluny per longitudinem quadraginta pedum 
a ripa dicte aque seu fluuii de Tymell atque etiam reseruando dicto Alexandro Margarete 
Robertsoun eius sponse eorumque alteri diucius viuenti eorum vitali reditu sine vsu 
omnium et singularum prefatarum triginta solidatarum terrarum de Wester Clunie cum 
piscacionibus aliisque suprascriptis prout in dicta carta sasine preceptum in fine conti- 
nente progameno scripta ac subscripcione manuali dicti Alexandri Stewart de Bonskeid 
subscripta et roborata latius continetur Accessit prefatus Jacobus Stewart ad persona- 
lem presentiam Joanne Dow M'Robbie in Cluny balliui in hec parte dicti Alexandri 
Stewart in dicto precepto specificati eundem ad effectum debite constituti atque eidem 
balliuo dictam chartam exhibuit et presentauit eundem requirendo quatenus dictum pre- 
ceptum in eadem contentum debite executioni demandaret Quiquidem balliuus dictam 
chartam reverencia qua decuit de eius manibus recipiens mihi notario publico sub- 
scripto vt eiusdem et dicti precepti sensum et effectum astantibus exponerem tradidit 
cuius precepti tenor talis sequitur Insuper dilectis meis Joanne Dow M'Kobbie in Cluny 
Et vestrum cuilibet coniunctim et diuisim balliuis meis in hac parte specialiter consti- 
tutis precipio et firmiter mando quatenus visis presentibus indilate statum sasinam here- 
ditariam pariter et possessionem corporalem actualem et realem totarum et integrarum 
predictarum triginta solidatarum terrarum de Wester Cluny cum siluis quercuus sdiisque 
siluis quibuscunque super bondis huiusmodi crescentibus cum salmonum piscariis super 
aqua et Lyn de Tymell (piscariis super lie lyn de Tymell exceptis) vnacum pratis aliisque 
omnibus et singulis siluis piscationibus tuguriis lie girsings scheallingis outseattis domi- 
bus edificiis hortis toftis croftis partibus pendiculis et pertiuentiis quibuscunque ad dictas 
triginta solidatas termrum de Wester Cluny spectatitibus Atque etiam cum tenentibus 
tenandriis et libere tenentium seruitiis Eeseruando preter et extra banc dispositionem 
mihi heredibus meis piscationem salmonum et aliam piscationem quamcunque super 
lie Lyn de Tymell et super aqua de Tymell ex occidentali parte qua riuus de Garrie 
intrat in aquam seu fluuium de Tymell ac cum libero accessu et regressu ad dictam 
piscationem super dictis terris de Cluny per longitudinem quadraginta pedum a ripa 
dicte aque seu fluuie de Tymell Atque etiam reseruando mihi et Margarete Kobertsoun 
mee sponse nostrumque alteri diucius viuenti vestrum vitali redditu sine vsu omnium 
et singularum triginta solidatarum terrarum de Wester Cluny cum siluis piscationibus 
aliisque suprascriptis sepefato Jacobo Stewart vel suo certo actornato seu procuratori 
presencium latori pro se heredibus suis et assignatis antedictis per terre et lapidis fundi 
eiusdem modi vt moris est traditionem in forma iuris solita secundum tenorera presentis 
carte mee desuper confecte tradatis deliberetis et iuste haberi faciatis Et hoc nullo modo 
omittatis Ad quod faciendum vobis et vestrum cuilibet coniunctim et diuisim balliuis 
meis in hac parte antedictis meam plenariam et irrevocabilem tenore presentium com- 
mitto potestatem In cuius rei testimonium (presentibus per magistrum Walterum Stewart 
ministrum de Blair in AthoU) scriptis ac manu mea subscriptis Sigillum meum pro- 
prium est appensum Apud Blair in AthoU vigesimo nono die mensis Maii anno Domini 
millesimo sexcentesimo vigesimo quinto Coram his testibus magistro Waltero Stewart 
ministro de Blair in Atholl Alexandro Stewart de Croft crombie Joanne Carmichell ludi 
magistro in Bonskeid et magistro Duncano M*clagan notario in Blair in Atholl Sic Sub- 
scribitur Alexander Stewart of Bonskeid with my hand M' Walter Stewart witnes, Alex^ 
Stewart witnes, Johne Carmichell witnes, M*^ Duncane M'clagan Nottar witnes, Post 
Cuiusquidem carte et precepte presentationem receptionem et in vulgarem astantibus 
expositionem dictus Joannes Dow M'robbie balliuus debita cum instancia vt premittitur 
requisitus onus eiusdem officii ballivatus in se suscipiens ad dictum preceptum iuste 
volens executioni demandare accessit cum prenominato Jacobo Stewart ad fundum dic- 
tarum terrarum ac ibidem statum sasinam hereditariam pariter et possessionem corpora- 



APPENDIX, 



^33 



lem actualem et realem totarum et integranini predictarum triginta solidatarum terrarum 
de Wester Cluny cum siluis quercuus aliisque siluis quibuscunque super boudis huius- 
modi crescentibus cum salnionum piscariis super aqua et lie lyn de tymell vnacura pratis 
aliisque omnibus et singulis siluis piscationibus tuguriis lie girsings sclieallings outsettis 
domibus edificiis hortis toftis croftis partibus pendiculis et pertiuentiis quibuscunque ad 
dictas triginta solidatas terrarum de Wester Cluny spectantibus atque etiam cum tenen- 
tibus tenandriis et libere tenentium servitiis reservando vt premittitur dicto Jacobo 
Stewart present! et acceptanti pro se heredibus suis et assignatis antedictis per terre et 
lapidis fundi dictarum terrarum vt moris est traditionem in forma iuris solita Secundum 
tenorem dicte charte desuper confecte nemine impedient^ contulit tradidit et deliberauit 
Ordinando quoque hoc presens publicum instrumentum in libris registri Secundum teno* 
rem acti parliamenti rite registraudum Super quibus omnibus et singulis dictus Jacobus 
Stewart sibi fieri peciit vnum sen plura publica instrumenta Acta erant hec super solum 
dictarum terrarum lioram circiter duodecimam sub anno Domini regis regnis et mensis 
die quibus supra Preseutibus ibidem Roberto Cuniesoun medico Roberto M'allester 
comes Talzibrochane Joanne Carmichell Ludi magistro in Bonskeid Guilielmo M'couU 
portatorie Apud Innergarrie et me dicto Magistro Duncano M'clagan notario publico 
subscripto Testibus ad premissa vocatis et requisitis Sic Subscribitur, Et ego vero 
Magister Duncanus M'clagan clericus Dunkeldensis diocesis auctoritate regali notarius 
publicus ac per dominos Consilii Secundum tenorem acti parliamenti admissus Quia pre- 
missis omnibus et singulis dum sic vt premittitur agerentur dicerentur et fierent vnacum 
prefatis testibus presens personaliter interfui Eaque omnia et singula sic fieri vidi sciui 
audiui ac in notam cepi Ideoque hoc presens publicum instrumentum exindi confeci 
Signoque nomine et cognomine meis solitis et consuetis signaui et subscripsi in fidem et 
testimonium omnium et siogulorum premissorum rogatus et requisitus. Sic Subscribitur. 

Mb Duncan M'clagan. 



RECEIPT by the Minister of Dull to Margarkt Roberthon, relict of Alexander Stewart of Bonskeid, Bonskeid 

for certain dues. 26th November 1629. Charters. 

I M*" Joline Cunison minister att Dowll and viccar off ye paroche yairoff grant me 
to have receaved from Margrat Eo^sone Lyfrenter off' bonskeid fowrtie Schillingis 
money Scottish as the viccarage dewtty off* bonskeid for the cropt and zear off* god J™ vjc 
tweutie-nyne zearis conforme to ane tak off* the qlk. fowrtie S. money for the cawse and 
cropt foirsaid and for all other zearis preceiding I discharge the said margrat and all 
other quhom it effeiris be this my acquittance written and subscriuit with myne hand att 
bonskeid the 26 day off' Novenibris 1620 zearis. 

Mr, J. Cunison with my hand. 



acknowledgment of receipt by Captain Stewart of 2 soldiers armed and equipped by Ibid. 

John Stewart of Bonskeid. 14th June 1646. 

I Captine Johne Stewart grantis me ressavit from Johne Stewart of bounskeidtua 
sufficient sowldieris weill airmit in wapiues and all necessaris and also grantis me ressavit 
Leavie and transport monies conforme to the act of Parliament be this my tickit of 
resett subscriuit with my hand at mulzeing [viz. Moulin] the fourtein day of Junii J™ vjo 
fourtie-sex zeires. 

Cap. Johne Stewart. 



1 34 THE STE WARTS OF FORTHERGILL. 

Part. Reg. SASINE in favour of James Stewart of Cluny, and Barbara Menzies, his wife, of the Lands of Balnagaird. 
PertirVol ^"^ ^^*^ ^^^ registered 16th August 1659. 

V. 

In the name of God amen Be it knowne to all and sundrie be this present publict 
instrument that in the yeir of the Incarnatione of our Lord J°* vj*^ and fiftie-nyne in the 
moneth of August wpon the Elevint day quhairof In presens of me notar publict and 
witnessis wnderwrittin Compeired personallie ane discreit man John M'Dufif in Belnagaird 
Viaillie in that pairt specialie constitute of Alexander Menzeis of Combries and Duncan 
Menzeis his sone and air appeirand quho past to the ground of the Landis of Belnagaird 
niyhi miln landis and vthiris therof eftir-specifeit with James Steuart of Cluney and 
Barbara Menzies his spous and thair the saids James Steuart personalie present pre- 
sented to the said baillie ane Chartour made grantit and subscrybit be the said Alexander 
Menzeis, Duncan Menzeis his said sone with advyce consent and assent of Beatrix 
Campbell spous to the said Alexander and of Walter Ewine servitour to John Simple 
wretter in Edinburgh for aither of thair rights at lenth mentioned in the said Chartour to 
the said John M'Duff baillie foirsaid Be vertew quhairof and for payment made be the 
said James Steuart and his said spous off the soumes of money specifeit in the contract 
of alienatione quhairvpon the said Chartour proceidit, and thankfullie payet to the said 
Alexander Menzies and Duncan Menzies his said sone conforme to the saidis securities 
and infeftments past betuix both the saids parties. The saids Alexander Menzies and 
his said sone be the tenour thairof Band and obliest them thair aires and successoris with 
consent foirsaid to dulie and sufhcientlie infeft and sase the said James Steuart his aires 
and assigneyis quhatsumever heretablie vndir reuersione, In all and haill the tua of the 
four qwarters of the toun and landis of Belnagard with houssis biggings yeeirds toftis 
crofts grassings shellings moissis muires mynes comone pasturage and pertinentis quhat- 
sumever pertineing therto and with libertie of loneing wpon the landis of Belnavart for 
l)utting the gudes catell and bestiall to and fra the mounth, and with libertie to cane 
liome t'ewill feall and deviot throw the saidis lands of Belnavert not wronging thair 
cornes nor casting within thair head dykes presentlie octupied and possest be ... . 
And siclyk in all and haill the just and equall half off all and haill the come milne 
of Belnagaird with the equall ane half of the mylne landis thairoff multuris and sequellis 
of the samen And of the houssis biggings yeardis tofts croftis pasturages and privelegis 
pertinents pertaineing thairto as tlie samen was occupied and possest be Alexander 

M'Lauren lyand vithin the and shirrefdome of Perth And siclyk be 

vertue of the said infeftment and securities abone specifeit they band and obleist thaim 
and thair foirsaidis with consent abonewrittin to dewlie and sufficientlie infeft and sase 
the said James Stewart Barbara Menzies his spous the longer liner of thaim tuo in con- 
junct fie, and the aires lauchfuUie gottine or to be goten betuix thaim, Quilks failleing 
the aires and assigneyis of the said James Steuart quhatsumever heretablie wndir rever- 
sione as said is in all and haill the tua wthir of the four quarteris of the said tonne and 
landis of Belnagaird with houssis biggings yeardis tofts crofts grassings schellings moissis 
mures comonties pasturages and pertinents quhatsomever pertineing thairto and with 
libertie of loaning vpon the landis of Belnavert for putting thair goods catell and bestiall 
to and fra the mounth and with libertie to carie home fewall feill and deviottis throw 
the saidis lands of Belnavert not wronging thair cornes nor casting within thair head 

dykes presentlie [occupied] be and thair cotts occupied and possest 

And siclyk in all and haill the jwst and equall vthir ane half of all and haill the said 
come milne of Belnagaird with the equall vthir ane half of the myln landis thairoff 
multures and sequellis of the samen houssis biggings yeards tofts crofts pasturaiges prive- 
legis and pertinentis pertineing thairto as the samen wes occupied and possest be the 
said deceist Alexander M'Lauren lyand vithin .... and sherriffdome foirsaid of 
Perth Keserveand and exceptand furth heirof the lettre of reversione mentionat in the 
said contract compitent to the said Alexander Menzies and Duncan Menzeis his sone 



APPENDIX. 



135 



for redemptione of the landis rayla and vtheris generallie and particularlie abonewrittin 
specifeit in the said contract be payment of the soumes of money thairin conteinit in 
maner and be devisione thairin at lenth mentionat conforme to the tenour of the said 
contract in all poynts. And siclyk exceptand and reserveand furth heirof the tackis sett 
be Alexander and Duncan Mengzeissis vpon the saidis lands and miln or anie partt or 
portione thairof to the present tenentis and occupiers of the saids landis miln and vtheris 
abonedesignit with the pertinents for payment of the duties keanis customes and casu- 
alities at lenth mentionat in the saidis tackis as in the foirsaid infeftment of the daitt At 
Dunkeld and .... the twentie-tua and .... dayes of Junij and .... the 
yeir of God J°* vj^ and fiftie-nyne yeiris in itself at length bearis Quhilk Chartor and 
infeftment the abovenamed baillie haveing receiued and delivrit the samen to me notar 
publict to be red : Eftir the reding and explaneing of the said Charter and precept of 
Sasine thairincontinet, the said John M'Duff baillie foirsaid being most willing to dis- 
charge the dewtie and office of baillearie comittit to him be vertue ot* the said Charter 
and precept of Sasine, Gave state sasine reall actuall and corporall possessione off* all 
and haill the tua of the abonewrittin four quarters of the said toun and landis of Belna- 
gard with houssis biggingis yeards tofts crofts and haill pertinentis comontie pasturage 
libertie and haill previleges particularlie abovespecifeit. And also of all and haill the 
just and equall halff* off* the myln landis therof multures and the equall half of the corne 
milne of Belnagaird multuris and sequellis of the samen houssis biggings yeards tofts 
crofts privelegis and pertinents pertineing thairto lyand and occupied as said is to the said 
James Steuart be delyverance to him of earth and stane of the saids landis and myln 
clap of the said milne. And siclyk gave state sasine real actuall and corporall posses- 
sione to the said James Steuart Barbara Menzies his spous, the langer liver of thaim tuo 
in conjunct fie, and the aires lauchfuUie gottine or to be gotten betuix theim Quhilkis 
failzieing the aires and assigneyis of the said James Steuart quhatsumevir off* all and 
haill the tua vthir of the four quarters of the said toune and landis of Belnagaird with 
houssis biggings yeards toftis croftis comontie pasturage libertie and haill previlegis par- 
ticularly and generallie abonespecifeit And in lyk maner of all and haill the vthir j ust 
and equall half of the said haill com milne of Belnagaii-d with the equal half of the myln 
landis thairof multurs and sequellis of the samen houssis biggings yerdis toftis croftis 
privelegis and pertinents pertaineing thairto lyand and occupied as is abonewrittin, To 
the said James Stewart and to the said Barbara Menzies his spous by delyverance to ilk 
ane of them of earth and staine of the saids landis and milne clap of the said myln in 
form of law as vse is, who wer both personalie present and received the samen vpon the 
grund of the saidis lands and within the miln dor of the said miln without impediment 
or contradictione quhatsumever conforme to the tenour of the said Chartour and precept 
of Sasine thairin specifeit (Exceptand and reservand as is ab<me-exceptit and reservit) 
Upon the quhilks all and sundrie the premissis the saids James Stewart and Barbra 
Menzeis his spous askit and tuke instruments ane or mae in the handis of me notar 
publict under-subscryband. Thir things wer done vpon the ground of the saids landis 
and within the said myln about ten houris befoir noon or therby day moneth and yeir of 
God abonewrittin. Present thair John M*Stenye in Dalguis John M*Nair in Balnagaird 
John Frisar miller thair Frances Scott servitour to John M^Duff* baillie foirsaid witnessis 
and me Thomas Fyfe notar publict callit and requyred to the premisses sa it is sub^ and 
I flbrsuith Thomas Fyfe etc. as at lenth on the 16 leif. 

SASINE to Alexander Stewart, eldest son of James Stewart of Wester Cluny, and Catherine Campbell, Part Reg. 

his future spouse, of the Lands of Wester Cluny. Dated 3rd and registered 22nd July 1667. §f"*?*\r , 

Perth, \oi. 

At Perth the tuentie-tua day of Julii 1667. The underwreittine Saisine is insert and ">-f<**-^24b. 
registrat in this thrid volume of the new Register of Saisines etc. within the Schyrefdome 
of Perth quhairof the tenour foUoues In Dei nomine Amen per hoc presens publicum 
instrumentum cunctis pateat evidenter et sit notum quod tercio die mensis Julii miUesimo 



136 



THE STEWARTS OF FORTH ERGILL. 



sexcentesimo sexagesimo septimo Eegnique S. D. N. Caroli Secundi Dei gracia magne 
britannie francie et hibernie regis fideique defensoris anno decimo nono In mei notaril 
public! et testium subscriptorum presencia personaliter comparuit Jacobus Stewart do 
Wester Cluney hereditarius proprietarius ejusdem terrarum cum pertinentiis subscriptis 
et acccessit ad fundum dictarum terrarum cum Alexandre Stewart sue filio legittimo 
natu maximo ac cum magistro Eoberto Campbell in Eavere actornato Catherine Campbell 
future sponse dicti Alexandri Stewart de cujus actomati mandate mihi notario publico 
lucide constabat et ibidem dictus Alexander Stewart babens et in manibus t«nens 
quandam cartam preceptum sasine in se continentem per dictum Jacobum Stewart dicto 
Alexandre Stewart et Catherine Campbell ejus sponse future eerumque alter! diutius 
vivent! in coniuncta infeodatione heredibusque inter ipsos legittime procreandis quibus 
deficientibus proximis heredibus masculis dicti Alexandri et assignatis quibuscunque 
hereditarie absque ulla reversiene redemptione aut regressu factam datam et concessam 
de data apud Wester Cluney dicto tercio die Julii anno prescripto de et Super totas et 
integras triginta solidatas terrarum de Wester Cluney cum silvis quercuis et aliis silvis 
quibuscunque super bondas hujusmedi crescentibus ac cum salmonum piscationibus super 
aqua de Tymbell piscariis super lie Lynne de Tymbell vnacum pratis aliisque omnibus 
et singulis silvis piscationibus tuguriis lie grissings scheilliugs domibus edificiis hortis 
toftis croftis partibus pendiculis et pertinentiis Jacentes in tenandria de Logyraitt per 
annexationem in comitatu Atholie et vicecomitatum de Perth Atque etiam cum tenenti- 
bus tenandriis liberoque tenentium servitiis Eeservando dicto Jacobo Stewart et Barbaree 
Menzies sue sponse eorum vitalibus redditibus sive usu omnium et singularum dimidietatis 
dictarum piscationum super dictam aquam de Tymbell sub provisionibus et conditionibus 
in dicta carta specificatis quamquidem cartam preceptum sasine in fine continentem 
prefatus Alexander Stewart produxit et mihi notario publico subscripto ad perlegendum 
et publicandum tradidit quod feci Post cujusquidem carte sasineque precepti in fine 
continentis perlectionem publicationem et expositionem prefatus Jacobus Stewart suis 
propriis manibus statum sasinam hereditariam pariter et possessionem realem actualem et 
corporalem Totarum et integrarum triginta solidatarum terrarum de Wester Cluney cum 
silvis piscationibus partibus pendiculis et pertinentiis suprascriptis (Reservando ut supra 
reservatur) sepefato Alexandre Stewart pro seipso ac etiam dicto magistro Eoberto Camp- 
bell actornato nomine dicte Cathrine Campbell per terre et lapidis fundi dictarum terrarum 
ut moris est traditionem secundum tenorem dicte carte sasineque precepti in eodem content! 
dedit et deliberauit nemine impediente omnibus solemnitatibus que in tali negetio 
desiderantur absolutis et peractis Super quibus omnibus et singulis prefatus Alexander 
Stewart pro seipso ac dictus magister Eobertus Campbell a me notario publico sib! fieri 
peciit instrumentum vnuni aut plura Acta erant hec super fundum dictarum terrarum 
horam circiter quartam post meridiem sub anno die mense et regis regno quibus supra 
Presentibus ibidem Joanne Stewart de Foss ministro apud Logyraitt Jacobo Tais scriba in 
Dunkeld ac me Jacobo Morgone notario Testibus ad premissa vocatis sic subscribitur. Et 
ego vero Jacobus Morgouue clericus Dunkeldensis diocesis auctoritate regali notarius 
publicus ac per dominos consilii secundum tenorem act! parliament! admissus quia 
premissis omnibus et singulis dum sic ut premittitur dicerentur agerentur et fierent 
vnacum prenominatis Testibus presens personaliter interfu! eaque omnia et singula sic fieri 
vidi scivi audivi ac in notam cepi Ideoque hoc presens publicum instrumentum manualiena 
scriptum exindeconfeci signoque nomine et cognomine signavi in tidem robur et testimonium 
veritatis omnium et singulorum premissorum rogatus. J. MoRGOUNE No. pub. 



Part. Reg. ABSTRACT OF SASINE to Mr. James Stewart, Minister at Moulin, of the Lands of Wester Cluny. 

SoisiiiB, 
Perth, Vol. 
xvi. Part i. 



Perth" V 1 ^**^^ ^^^"^ January 1710. 



Instrument of Sasine proceeding on a charter by the deceased John Marquis of 
AthoU, to and in favour of " Mr James Stewart, minister at Muillione," therein designed 
" eldest laufuU son to Alexander Stewart of Cluny, .... whereby he gave, granted, and 



APPENDIX. 



m 



disponed to him and to the heirs-male laufullie to be procreat of his body ; which faileing, 
his other heirs-male ; which also faileing, his heirs or assignies whatsomever, .... all 
and haill the lands of Wester Cluny, extending to a thirtie-shilling land, with the woods, 
.... salmond fishings .... upon the water of Tymell .... and upon the Lin of 
Tymell, .... with the houses, biggings, yeards, tofts, crofts," etc. ; and " all and haill the 
lands of Neither Easter Tullipowrie, extending to a fy ve-merk land," etc. ; and " all and 
haill the lands of Fincastle, comprehending the lands of Cluny and Aldan, with the miln," 
etc. "Reserving to the said Alexander Steuart of Cluny his liferent right" of the said 
lands, as also reserving to Isobell Stewart, his spouse, her liferent right to those parts in 
which she is already infeft Dated at Perth the 23rd January 1710. 

ABSTRACT of SASINE to Mrs. Betty Campbell, wife of Mr. James Stewart, in a liferent annuity out of Part. Reg. 

the Lands of Tullipouriea. 23rd January 1710. Seisins, 

Instrument of Sasine proceeding on a contract of marriage past betwixt Mr. James xvi. Part i. 
Stewart, minister at Muillion, with consent of Alexander Stewart of Cluny, his father, 
on the one part, and "Mrs. Betty Campbell, second lawfuU daughter of the deceist John 
Campbell of Montzie, with consent of Mr. Patrick Campbell now of Monzie, and Mr. 
Colline Campbell, minister of Gask, her bretheren " on the other part, in which contract 
the said Mr. James Stewart, with consent aforesaid, bound and obliged himself " to infeft 
and sease the said Betty Campbell, his spouse, in liferent .... in all and heall ane 
annuity of four hundred merks Scottis fre of all deuties," " furth of all and heall the 
lands of Camoch, and .... all and heall the lands of Neither Easter Tullipowrie, .... 
the lands of Over Midle Tullipowrie, .... the half of the milne of Easter Tullipowrie," 
etc., "lying within the parish of Loigierate, .... and in speciale and reall warran- 
dice of the said lands of Tullipowrie, .... furth of all and heall the lands oft' 
Fincastle, comprehending the lands of Cluny and Aldan, .... and shealing called 
Kiecheall," etc. Dated at Perth, 23rd January 1710. 

NOTE OF SASINE to Alexander Stewart of Cluny, of the Lands of Cammock. Ibid., Vol. 

Instrument of Sasine proceeding on a contract of feu between John Duke of AthoU *^*' lart l 
and Alexander Steuart of Cluny, dated at Dunkeld, 19th December 1711, of all and haill 
the lands of Cammock. Mr. James Steuart, minister at MouUine, appears as procurator 
for the said Alexander Steuart, his father. Dated at Perth, 1st March 1712. 

NOTE OF SASINE to ^r. James Stewakt, of the Lands of TuUipouries. Ibid. 

Instrument of Sasine proceeding on a disposition by John Stewart of Findynat in 
favour of Mr. James Stewart of Clunie, minister of the Gospel at Mouline, whereby he 
stands bound to infeft and sease the said Mr. James Stewart, his heirs and assignees, 
heritably and irredeemably, without any manner of reversion, redemption, or regress 
whatsomever, in all and haiU the lands of Middle Tulliepouries, Wester Inner of TuUi- 
pouries, with the half of the mill of Tullipourie. Dated at Perth, 16th January 1723. 

NOTE OF SASINE to Mr. James Stewart of Cluny, of the Lands of Wester Cluny and others. Ist Nov. 1744. ^^i*l- 

Vol. XXIV. 

Instrument of Sasine proceeding on a charter of resignation by James Duke of 
Atholl, as superior, in favour of Mr. James Stewart of Cluny, whereby the said Duke for 
causes therein contained " upon the resignation of the procurator of the deceased Mr. 
James Stewai-t of Cluney, minister of the Gospell at Muling, father to the said Mr. James 
Stewart now of Cluny, gave, granted, alienated, disponed, and for ever confirmed to the 
said Mr. James Stewart now of Cluny, his heirs and assigneys whatsomever, heretably 
and irredeemably, but with and under the reservations and burdens therein and after men- 
tioned, all and haill the thirty-shilling land of Wester Cluny, etc., .... the merk-land 
of Cammock, etc the town and lands of Cragandow and Drummachorry, being a 



138 ^^^ STEWARTS OF FORTHERGILL, 

three-merks land, etc., .... lyeing the saids haill lands within the parish of Moulin, 
regality of AthoU, and shire of Perth. Eeserving always to Elizabeth Campbell, mother 
to the said Mr. James Stewart now of Cluny, and relict to the said Mr. James Stewart 
late of Cluny, her liferent use of so much of the said lands and others as she stands 
provided of and infeft in, conform to a bond of provision granted by her said spouse to 
her, and also the said Mr. James Stewart now of Cluny being burdened with all the 
deeds and debts heritable and movable of his said deceased father, and with the portions 
and provisions granted by him to his younger children, albeit upon deathbed and par- 
ticularly the said Mr. James Stewart now of Cluny being burdened with the payment 
of so much of the debts contracted and of the provisions provided by the said Mr. James 
Stewart to his younger children prior to the disposition upon which the said resignation 
proceeded, as should not be satisfied and paid up by the said Mr. James Stewart, his 
wadsett lands and right of Pitcastle, which he had allocate for that purpose by a deed of 
the date 27th March 1731, to be holden by the said Mr. James Stewart now of Cluny, 
his heirs, etc., .... for ever, for payment and performance" of the aforesaid burdens and 
provisions. Mr. James Stewart of Cluny appeared personally. James Robertson in 
Kincraigie is bailie. Dated at Perth, 1st November 1744. 



NOTES FEOM INVENTORY OF TITLES OF WESTER CLUNY, 

PERTHSHIRE. 

12th July 1673. — John Earl of Athol, as superior, grants a charter of confirmation to 
Alexander Stewart of Cluny of the lands of Cluny, proceeding on a charter and disposition 
granted by James Stewart of Cluny. 

21st July 1709. — Alexander Stewart of Cluny grants a disposition of the lands to 
James Stewart, his eldest son. 

29th December 1712. — The said Alexander Stewart conveys to the said James 
Stewart tlie merk-land of Camock, as disponed to him by John Duke of Athole, 19th 
December 1711. 

13th March 1721. — John Duke of Athol grants a charter of confirmation of the 
disposition of Camock. 

31st March 1731, — Mr. James Stewart of Cluny, minister of the Gospel at Moulin, 
conveys to James Stewart, liis eldest son, the lands of Wester Cluny and Camock. 

16th December 1743. — The Duke of Athol grants a charter of confirmation of the 
lands in favour of the last-mentioned James Stewart, proceeding on the disposition 
in last entry. 

13th March 1764. — Mr. James Stewart of Wester Cluny, minister of the Gospel at 
Kilbrandon iu Argyllshire, conveys to and in favour of Patrick Stewart, his brother- 
german, for the sum of £1320, 2s. Id. the lands of Wester Cluny and Camock. 

Note. — The lands of Drumchery and Craganden were disponed by James Stewart to 
John Stewart of Stronchareg, 8th December 1762. 

12th October 1767. — Charter of confirmation is granted by the Duke of Athol, as 
superior, to the said Patrick Stewart, on the disposition by Mr. James Stewart 

It appears by a memorandum at the end of the inventory that the above title-deeds 
and others were found in the repositories of the said Patrick Stewart of Cluny, which 
were opened on the 9th January 1786, at the sight of Edmond Fergusson, factor on the 
sequestrated estate of Wester Cluny, in consequence of an act and warrant by the Court 
of Session in an action of sale of the lands at the instance of Mr. James Stewart of 
Kilbrandon, Argyllshire, brother and apparent heir of the said Patrick Stewart of Cluny, 



APPENDIX. 



139 



aud Mrs. Katherine Drummond, relict of the said Patrick Stewart, against the said 
Patrick Stewart's creditors. 

It appears, also, that a decreet of sale of the lands was given on 25th July 1786 in 
favour of Henry Butter of Pitlochry, on a summons of sale at the instance of Mr. James 
Stewart, minister of the Gospel at Kilbrandon, brother and apparent heir of the said 
deceased Patrick, against Mrs. Katherine Drummond, relict of the said Patrick Stewart, 
and others. 

On pages 18 and 19 of the last -mentioned document the following sentence 
occurs : " The said Mr. James Stewart, and Mrs. Katherine Drummond, relict of the said 
deceased Patrick Stewart, gave in a petition to the whole Lords, showing that upon the 
death of Patrick Stewart of Clunie without issue, his widow became entitled to the life- 
rent of the whole heritable estate which belonged to him at the time of the decease, and 
the property of two-thirds thereof, while the remaining third falls to the other petitioner, 
Mr. James Stewart, his elder brother, as heir of conquest," etc. 

NOTE of the CoUation of Mr. Robert Stewart to the Church of KiUin. 14th May 1679. Edradynate 

At Killin ye fourteen of May, ye year of God one thousand six hundredth and seventy- chest 
nine years, and of our sovereigne Loids Eeigne the threttieth-and-one years. 

Mr. Robert Stewart, present minister att Killin, having in his handes a letter off 
CoUatione granted be William, by ye mercie of God Lord Bishop of Dunkeld, w*in 
whose diocie the said kirk lyes, in favoures of ye said Mr. Eobert Stewart, Be vertew of 
the qlk Ires, of CoUa"® conform to ye desire of the presenta"* yrin mentioned the 
Lord Bishop have admitted received and conferred lykeas His Lo. Be ye tenor of ye 
saides Lres. admittes receives and conferres ye said Mr. Eo* Stewart to ye forsaid kirk 

heall locall and constant modified stipend yrof, all the days of his 

life, at least his serving of ye cure at ye said church as ye sd. Lres. of colla°® 
containing ane precept and warrant for giving institutione and instrument to ye said Mr. 
Eobert in maner underwr®" Donaldus Eobebtsone, No. Pub. 

(On Back) Instrument off institutione to Mr. Eo* Stewart in ye Kirk off Killin, 
1679. 

To the Reverend Mr. George Robertson 
at Ix>gierate. 

Eeverend Brother, — As I am much aflflicted from the great discouragements your Ibid, 
congregation and flock is put under, so I cannot but greatly rejoice by finding them so 
stadfastly adhering to you and your ministrie, and (as I am informed) their being so 
well satisfied with your officiating among them. Wherefor seeing by the Divine Provi- 
dence and the appointment of the Church such a worthy and well-principled people ar 
fain under your charge, I hop as you will apply yourself with all due care to feed them 
with all wholsom doctrin, goe befor them as a good example and patern of all manner 
of piety, so you will cleave closs by them with no less stadfastness than they have 
adhered to you, remembreing that no man putting his hand to the plough and looking 
back is fit for the kingdom of God. I pray God to bless your people, yourself, and your 
labours among them. — I am, sir, your very affectionat brother and servant, 

Alex*- Edinburgen. 

Edr., March^^ 1715. 

To the Reverend Mr. George Robinson, 
Minister of the GospeU att Logereat. Scone, March ye 25th, 1715. 

Eev. Sir, — I have seen yours to Mr. Gerard bearing date ye 29th of this month« It Ibid. 



140 



THE STEWARTS OF FORTHERGILL. 



I 



were great injustice not to acknowledge that you have done eminent service to the 
Church by preserving the meeting-house in Logereat, and I'm sensible you have lay'd a 
particular obligation on all the friends of it who are concerned in that parish. I have 
commenced a process for the patronage, which is still depending. As soon as my right is 
declared, you may assure yourself I will employ it for your encouragement ; in the mean- 
time I desire you may send to Mr. Gerard a particular account of the proportions of 
stipend that are pay*d by the several Heritours. I wish you all success in the good 
work youVe engaged in, and am, rev. sir, your assured friend and servant, 

Stormont. 



Edradynate 
Charter- 
Chest. 



In pursuance of my Lord Mar, Commander-in-Chief of his Majesty's Forces in Scot- 
land, his commands, — These are intimating to the tenants of Apin-DuU that they are to 
have a man well armed and clothed ready to march to Perth, or where the Eoyall army 
happens to be, and that out of each mark-land, making in aU a hundred men, including 
those who are absent by the last action at Shirramoor. These are to be ready against 
Wedensday next at three in the afternoon, upon their perrill, and withdrawing my Lord 
Mars protection from such as dissobey. At Weem the 24th August 1715. 

EoBERTSON of Strowan. 

(On Back) Intimation to Captain James Menzies of Comry, Robert Menzies, taylor 
to Weem, and the tenants, etc., of Apin-Dull. 



Ibid. 



By William Marquiss of Tullibardinb. 

These are ordering and empowering you to preach every Lord's day, and other solemn 
occasions, in the church of Logyreat, and to exercise all the other parts of the ministerial 
function within that parish, as you'll be answerable at your peril; for doing of whicft this 
shall be to you a sufficient warrant. Given at Logyreat the 14th of December 1715 years. 



Mr. George Robertbon, Minister of the Gospel. 



TULLIBABDINE. 



[ Seal. J 



From the 
original iu 
Charter- 
Chest at 
£(lradynate. 



COMMISSION by the Vassals of the Duke of Atholl to some of their number for the purpose of submitting 
to arbitration anent the money value of the ** personal services" required in their several charters, etc 
Dated May 9, 1717. 

Be it Knowen to all men by these presents Us undersubscribeing Vassells To his 
Grace John Duke of Atholl and after designed flforalsmuch as by a late statute intituled 
ane Act flbr the more efl'ectuall secureing the peace of the Highlands of Scotland It is 
enacted that ffrom and after the ffirst day off August next and in all tyme therafter the 
annuall valow of the services coraonly called personall attendance Hosting hunting 
watching and w^arding due by vertue of any Charter Contract customes or agreement 
whatsoever s'hall be payed in money annuallie in pleace of them And ffor determineing 
the said annuall valow theroff the persones to whom such services and attendance are 
due and these by whom they are payable are therby impowered each ffor themselves to 
agree mutuallie for the said annuall valow or by arbitratours chosen by ther mutuall con- 
sent And in caice they cannot agrie in maner fforsaid either parties are therby allowed 
to apply to the Lords off Session by Bill or petition to have the said annuall valow acer- 
tained by them in maner more ffully contained in the said Act off Parliament And wee 



APPENDIX. 



141 



being resolved to prosequi the good designes off the forsaid Act of Parliaraent so that as 
his Grace the Duke off Atholl may have a just anuall valow ffor the services comonly 
called personall attendance Hosting hunting watching and warding to which wee or any 
of us are lyable in our Charters. And that we may be freed of the saids services in 
tyme comeing according to the good intent and purpose of the fforsaid act And whereas 
to the end that these good designes of the foreaid act may be effectually prosequted and 
attained and that in the maner directed therby wee have given ffull power warrand 
and Commission To Charles Stewart of Ballequhan James Menzies off Culdares Mr 
James Stewart of Kilichassie Mr Hary Balneaves off Edradour Robert ffleyming off 
Moness Gilbert Stewart off ffincastle James Stewart ofif Urrart Alexander Kobertson of 
East Straloch Thomas Stewart of Kinaird and Mr James Stewart off Cluny In which 
Commission they are impowered in our name to enter into a submission and subscribe 
the same to severall Gentlemen Arbitratours ffor us Provyding that these Arbitratouris 
to be named for us doe all agrie in one voice Otherwayes ther decision nocht to be bind- 
ing on us And containeing a power to the said Arbitratouris in caice off variance To 
choise ane Oversman Provyding that the heall arbitratours ffor us doe agrie in the said 
choise And wheras it hes been represented to us by our said Trusties That his Grace 
the Duke of Atholl hes refuised a comuning befor they in our name enter into a Sub- 
mission in the comon form Witt ye us being desyreous to bring the said affair to ane 
amicable agriement To have given ffull power warrand and Comission Lykeas wee 
by these presentis give ffull power warrand and Comission to our saids Trusties or 
major pairt of them To submitt the said affair To CoUonell Alexander Campbell of 
ffunak James Halibui-tone ofif Petcur and Patrick Ogilvie ofif Balfour And in caice all 
of them accept if nocht to submitt the said affair To the said CoUonell Alexander 
Campbell ofif fifunak alone in the comon form with power to the saids Arbitratouris in 
caice of variance mutualie to chose ane Oversman with any three Arbitratours that shall 
be named by his Grace as also the lyke power to the said CoUonell CampbeU with any 
one who may be arbiter for his Grace And to doe evry other thing contained in our 
former Commission except what is heir dispensed with. And all and each of us doe 
heirby obleidge us our aires and successors to stand ratiefie and approve aU that our said 
Trusties flibr themselves and us and the said Arbitratours or Arbiter shaU act and doe in 
the premissis according to the power now given by us to them without any quarrell 
objection or contradiction whatsumever And wee obleidge us and our forsaids to bear a 
proportionall pairt ofif any soume that shall be assertained and determined fifor the said 
personall attendance hosting hunting watching and warding aither by comuning with his 
Grace which our said Trusties are heirby impowered to doe Or by any consequent sen- 
tence And that conform to the valowed rent holden by us ofif the Duke off Atholl And 
wee doe heirby impower the said Trusties To proportion the same on themselves and us 
accordingly And wee the saids Trusties doe acept of the abovwrittin Commission and 
doe bind and obleidge us fifaithfuUy to perform the contents theroflf Consenting thir 
presents be insert and registrat in the books off Counsell and Session or others competent 
therin to remaine for preservatione And if need beis to receave all executione necessar 
by horneing or other executorialls in form as efifeirs and thereto constitute .... 
. . . . our procuratours etc. In witnes wheroflf wee have subscribed thir presents 
written on stamped peaper by George Small notar in Dull Att Pitlochrie the nyntday ofif 
Maij One thousand seven hundred and seventein yeirs Signed at said Pitlochrie day and 
yeir forsaid By us Patrick Kobertson ofil' Blarphethe Dauid Stewart of Shiraglas Alex- 
ander Stewart of TuUich John Stewart of Bonsked John Stewart of Urrart Alexander 
Stewart of Wichellbeg Alexander Robertson ofif Kencraige Donald Stewart ofif Duntau- 
loch Kenneth M*Kenzie ofif Ronaveg Robert M*Kenzie ofif fiSneaird Alexander Ratrey ofif 
Tullicurren Alexander M*Dougall of Borland WUUam Small of Kendrogen Alexander 
Robertson of Balnacraig fifinlay flferquharson of Balledman Archibald Buter of Petlochrie 
John Stewart of BaUintume James Stewart of Midlehauch John M'Laren of Easter 
bauch George Ratrey of DalruUian Alexander Menzies of Bofraks Gilbert Stewart of 



u 



42 



THE STEWARTS OF FORTHERGILL, 



ffincastle James Menzies of Culdaris Mr James Stewart of Kilichassie Mr Hary Balneavis 
of Edradour James Stewart of Urrart Mr James Stewart ofif Cluny and Robert flBeming of 
Moness Befor these witnessis Alexander ffraser servitor to the said James Menzies of 
Culdars and the said George Small witness lykwayes to the marginall not subscribed 
at our desyre by James Menzies of Culdaris and John Stewart of Bonskeid and by the 
other undersubscribeing Att .... 

[The signatures of those named in the preceding clause are appended, with the addi- 
tional witnesses, John Eeid and John Forbes.] 

With the LETTER from Alexander Stewart, son of James Stewart of Clunie (Wester), minister of Moulin, to his 

*^^itor. brother, Mr. Jamrs Stewart of Wester Clunie, minister of Eilbrandon, JiOm. 

Virginia, Norfolk, 14^ Stpt. 1761. 

Dear Brother, — My worthy friend the governor Bachelor, is just set out for Carolina, 
so that I have time to answer your kind favour of 25th March, which did not come to 
hand till lately ; take it, however, just as it rises to my pen. All your letters have been 
extremely agreeable to me, as well as this last, though I have in it a mortifying proof of 
the dulness of my invention and the pride of my heart that could not conjecture the 
cause of your silence, nor admit of any reason that would make me brook the thoughts of 
being forgot by the friend on earth I esteemed most ; but your letter has made the cause 
obvious, and I now with great submission own that was an affair of the utmost importance 
which engrossed your attention; so with profound respect I salute the charming fair 
whose bright qualities induced you to vow her eternal tenderness. May all the joys of 
Hymen attend you and your lovely consort ! I am glad you have given me an idea of her 
person by comparing her with my dear Jeaiiie; this will for ever prejudice me in her favour, 
and make me think 1 have still the amiable Jeanie at your house to correspond with. 

Why are you so reserved as to her character ? I wish I could see her. Why did you 
not introduce me to her acquaintance while I was with you ? Had not I been separated 
from you by the great Atlantic, I fancy you would not have mentioned that delightful 
accomplishment in which she excels my favourite (yet tell me, does she surpass my 
sister ?) for fear I had visited you for her sake ; but you know too well you are not out 
of my reach, so you toy with my anxiety and make me eagerly wish (though, alas ! in 
vain) to be a partner of your pleasures. To be even with you, however, I would set all 
my imagination, and have figured to myself all the joys you possess in their most lively 
characters, were I not afraid my evil genius would persuade me that Virginia could pro- 
duce a Phoenix, and that I might follow your example; so should I (when too late) be 
woefully undeceived and forced to console myself with the wretched merit of entreating 
my countrymen to take warning by me ! Eather than run this risk, of necessity I leave 
you in quiet of ... . [illegible]. 

What gives me a great deal of pleasure is that spirit of industry that seems to reign 
in the northern shires; venj great is the pleasure I enjoy when I think of the rising glory 
of my native land. 

Yet that Kannoch, that notorious Asylum of Thieves, the metropolis of Pride and 
Poverty, should become the seat of laudable industry,' is most surprising! I am not so 
well pleased with that passage of yours that informs me of the cowardly method the poor 
Baron is taking to put an end to that dozing dream, his life ! Yet how many such 
suicides have we heard of! great men too. How unlike my loyal veteran Kilbride, near 
his (ninety-nine) grand climacteric, yet plentifully enjoying the inestimable blessings 
entailed on temperance, health of body, and ease of mind. Nothing will redound more to 
the honour of your charmer than living in strict amity with our mother .... 

Oh, her disposition to strangers ! How often has she bent her knee to bind up the 
sore of a miserable beggar without any other hope of reward than that of being 
upbraided for her unskilfulness, if their negligence had defeated the power of medicine ! 
How often has her bounty relieved the distressed, and gladdened the heart of the 



APPENDIX. 



H3 



indigent ! How strenuously has she pled the cause of virtue, how piously inculcated 
the principles of Christianity! How exemplary, how useful, how innocent her life! 
How calm must be her last, how revered will be her memory ! I cannot think, think of 
her without such reflections, absence having endeared her and all of you to me. Yet 
however worthy of imitation her conduct may be, and however agreeable her temper, it 
will require a more than ordinary share of prudence in your wife to conform herself to 
the various humours of an old woman ! How can you make her undergo the fiery trial ! 
You know how uneasy a young woman is till she becomes mistress of her own house, 
till she can convince you how absolutely necessary she must be so in a clergyman's 

house, especially to keep her servants in due order [Here the manuscript is worn 

illegible.] Trade is extremely dull, in some measure owing to our crop having failed, 
but chiefly to the Treaty of Aix-la-Chapelle. Unseasonable treaty, how has it dis- 
concerted us ! What would we give if it were dissolved ! Tell me, is there no hope 
of these princes going to loggerheads again — no bone of contention left worth disputing 
for ? Yet is it not impious to pray for a war ? What sayest thou, son of Levi ? Is it 
a crime to wish well to oneself and one's neighlwurs ? You won't say " it is," surely ? 
Then if it is no crime to wish for a war, Norfolk won't flourish without it. 

Soon after Mr. Todd's arrival from Carolina, I shall be determined when I am to leave 
this place. As yet I know not, nor what part of the continent I shall set down in. 
Perhaps it may be in North Carolina — the very likeness of Rannoch, as I hear. How 
unhappy must thy brother be if it is so ! but I shall hope for better things, and I cannot 
be very unhappy while I have health, peace, and the continuance of yours and Peter's 
correspondence. I have suffered so much from this climate that I am really seven years 
older than when I left the pleasant island. 

I have named Dr. Archibald Campbell of this place, and my partner, Mr. A. Koss, 
executors of my will, who I believe will do you and my family all manner of justice. There 
is one thing I cannot so distinctly and concisely mention in it, which relates to what I 
have bequeathed to you, as I could wish. I do not intend my bequest to increase the 
estate that you will leave to your heir-at-law. He will have enough. I will it to your 
second son, to be paid the day of his majority (without a rent) ; this is a whim of mine, 
yet indulge me in it. I have made a few donations to my godsons in Virginia, but it is 
more than probable these will return to yourself as the children are very young. Be 
how it will, I admit no excuse for your not writing after this reaches you, for by that 
time your catechizing bout will be over no doubt, to the great joy of the I^eesing and 
Shunie wives, among whose poultry you make such depredations on these occasions. But 
I must leave this subject (for my pen seems to be growing impertinent) to tell you that 
I have not had one scrap from Peter since I have been here. I got a small box from 
him, and reckon his letter miscarried that should have accompanied it. I was writing to 
Jeanie, but I don't know whether her good stars have continued her in the family of 
Monzie, or if she has returned to Calypso's island to bemoan the loss of some beloved 
Ulysses. 

Pray let me know how your lead mines, marble quarries (with a hundred things more 
that I know nothing of), go on, si notre fr^re Jean est un pfere, and whether the cod- 
fishing the governor and you proposed took place. I shall expect your answers to my 
letters regularly every six months from the date of mine; and you may look for my 
letters in that space (if they don't all miscarry), otherwise conclude me buried at the foot 
of some ancient oak in the deserts of Carolina — no matter where, so my closing scene 
is happy. 

I believe you will now think it is time to conclude, but I must first desire you for 
once to stand my proxy, and in the most respectful and tender manner salute for me 
that lovely creature whom you have made my sister ; I hope she will soon make me an 
uncle ! I take great pleasure in hearing her character and person described by one that 
was her schoolfellow. Here we frequently drink all your healths. I desire to be 
remembered to my worthy Kilbride — the Baron comes to my mind of course — and tell 



H4 



THE STEWARTS OF FORTH ERGILL. 



the governor he has my most hearty congratulations on . . . [defaced], and my most 
affectionate service also to Mrs. Campbell — won't she write ? My kind love to Mr, John, 
I am very glad to hear of his welfare and prosperity. I have now only to send my last, 
my best blessing to my dear mother, to whose early care of my education, slender as it is, 
I am indebted for the foundation of all ray enjoyments. 

Adieu, my dear James, and believe me ever your most affectionate brother, 

Alexander Stewart. 



With the LETTER from Alexander Stewart, fifth son of James Stewart (Laird of Clunie and brother of Charles 

Stewart of Lisbume), to his brother, Peter Stewart. 

North Carolina, Bath, December 1769. 

Dear Brother, — A few weeks ago I was agreeably surprised with the sight of a letter 
from you dated 10th April last. The brotherly affection I naturally owe you, the intimate 
acquaintance I had of you more than of all my other brethren, the hopes of a renewal 
of the correspondence we held for several years after my arrival in Virginia, made the 
receipt of your letter, after so long an intermission as sixteen years, very acceptable to me. 

The marks of friendship you have shown in endeavouring to discover my obscure 
retreat in the deserts of America are truly grateful to me, and the account you give me of 
what few of my living relations you have mentioned is very pleasing ; but why did you 
forget to name my dear brother Charles and my almost unknown brother John ? for I 
think I have not seen him since he was a child. I have had some lettera from Charles 
since I came over sea, but never any from John ; though I am indebted to his goodwill and 
my dear mother for some pieces of very fine damask table-linen of his manufacturing in 
North Lorn, which my wife to this day uses on particular occasions, and can boast of as 
her brother-in-law's gift and handiwork. 

With the utmost respect for my eldest brother, Mr. James, I would be lovingly 
remembered to him and my two nieces, and desire the favour to hear from him. To 
Balnacraig and his children I offer my hearty service, and would be glad to know how 
many my sister left. To my brother Charles and John, if living, I give my most 
affectionate respects, and wisli to be informed particularly concerning them. But to my 
dearest sister Jeanie what shall I bid you say ? To my Jeanie I have no words to express 
the tender love I always did and still do bear her. May propitious Heaven shower its 
choicest blessings on her and her hopeful offspring ! It would give me extreme pleasure 
to hear from her. Mr. Campbell, I doubt not, is happy in a virtuous consort, and I 
believe she will do him good and not evil all the days of her life. Balnakilly, you tell me, 
is well and has a fine family. I remember his marriage twenty odd years ago, and wish him 
much joy of them. My two respectable aunts Bonskeid and Tomnagrew, you say, are still 
alive. I expect they have been blessed with a sight of their children's children, and I 
have no doubt that while they live they will be a blessing to their families. I am sorry 
to hear that my aunt at Dundee is much decayed. I heartily wish her well, and with 
gratitude I acknowledge and thank her for all her favours to me. I shall at all times be 
glad to hear of all your welfares, and I would desire the favour of you in your next to be 
more particular in your accounts of my kindred. I have only one relation in this part of 
the country, that is our uncle's son in Ireland. He lives about twenty miles distant from me ; 
we frequently see each other and are intimately acquainted. He is minister of St. 
Thomas', Bath, and was the parson who married me ; a man well respected for his gentle 
behaviour and agreeable conversation. He has been often (I think five times) married, has 
three sons and one daughter alive, and has acquired considerable estate. You will now 
expect I should give you some account of myself, as you desire me to give a stated 
account of my transactions in the world. 

But why, my dear Peter, would you enjoin me the ungrateful task ? Why should you 



APPENDIX, 



145 



recall to my remembrance the sad sceues of sorrow I have gone through, who for painful 
sustenance was doomed to roam far from my country, from my friends and home ? Yet 
to gratify your friendly curiosity I purpose to comply with your requests in some 
measure. It would be tedious to relate the varieties of a sixteen years' toilsome travel in 
a land of exile, sufiBce it then only in this place to recite some of the most favourable 
occurrences. 

After leaving Virginia I continued with various success to follow my business till 
the year 1756, when I married a virtuous young woman of unblemished character and 
respectable family. As love and goodwill were the sole motives on both sides the event 
answered our most sanguine expectations, for I may venture to aflirm that few people 
who have matched from mercenary views — notwithstanding their circumstances may 
allow them to flourish in affluence and splendour, or even, we allow, in voluptuousness — 
have lived so happily as we have done and still do. I must acknowledge I had some 
difficulty to obtain my fair bride, she being the only daughter of a very respectable 
planter in easy circumstances who had an only son. Indeed it was quite against his 
inclinations as well as her mother's that we married ; however, we soon got well recon- 
ciled, and ever since have lived in perfect peace and friendship. 

It has pleased God to bless us with five children. Our eldest daughter, Anne, is 
about twelve years of age; our second, Elizabeth, died young; Dorothy, our third, is 
about eight years old ; our son, William Speir (named after his grandfather), about six ; 
our next, James (named after my dear father and brother), three; and our last, 
Alexander, an infant. These are the children wherewith I am blessed in the land 
wherein I am a stranger. The care of providing for them is a part of my daily employ, 
and as I have experienced the advantages of a virtuous education, you may believe I 
shall endeavour to give them all I can, which will be the best inheritance I shall be able 
to leave them ; however, if they in a fruitful country, that abounds with the necessaries 
of life, and where they can with moderate labour get all the world can possibly afford to 
its most zealous votaries — that is, food and raiment — may they be therewith content I 

About the year 1758 I had the good fortune to obtain a clerkship in one of our 
County Courts, and soon after some places of profit in the Land Offices, by which I made 
a comfortable subsistence for some time. Here let me stop and thank my parents and 
friends for their care of my education, by means of which I was qualified for these 
employments, but above all to bless that gracious God and Saviour that extended His 
favour and bounty towards me in the day of my distress, that has fed me and led me all 
my lifelong unto this day, and has never suffered me to want. May my soul be ever 
thankful for His mercies ! Excuse this digression. I now proceed with my story. The 
Land Office before mentioned continued open but a few years, when the lord proprietor 
Granville died ; of a consequence all our commissions expired, and nearly about the same 
time the county whereof I was clerk was .... [the words are defaced] .... 
That office I was likewise deprived of; however, with the assistance of my savings, I 
erected a saw-mill and grist-mill, having a good convenience for the purpose upon my 
plantation, and they have been, and I believe will be while they last, a benefit to me ; 
that, however, will not be very long, for the timber that stood conveniently is mostly cut 
down, but I have no doubt of doing well, or of having whatever is convenient for me. I 
sometimes sell my deals and planks in the country, at other times ship to the West 
Indies, and by that means continue to carry on my business. Our trade labours under 
many difficulties, but I shall not enter upon that subject now, but go on and divert you 
circumstantially of my present situations and family connections. The sit« of my habita- 
tion is somewhat romantic, it stands on the very verge of a dreary forest on the one side, 
the dread haunt of wolves, bears, and other rapacious beasts. They sometimes pay us 
unwelcome visits. It is surrounded by lofty pines, oaks, a variety of other trees of 
spontaneous growth, and watered with a small navigable stream which affords me many 
conveniences. The banks have veiy fine springs, so that we have great plenty of good 
water. The adjacent lands are generally level and fruitful, yielding Indian com, wheat, 



146 THE STEWARTS OF FORTHERGILL. 

rye, peas, and vegetables of many kinds ; besides abundance of delicious fruits — apples, 
pears, peaches, grapes of various sorts, melons, and a multitude of others, all delectable 
in their season. Even fuel is plenty, so that this winter evening, while I am writing, my 
retreat may be called a rural, sheltered, solitary scene where ruddy fire and beaming 
taper join to cheer the gloom, and I may gratefully say — 

** Blest he the hand Divine that gently laid my heart at rest 
Beneath this humble shed." 

I will now give you a short account of my family I am connected with. My father- 
[in-law,] William Spiers, is an elderly county gentleman, has long been a member of 
General Assembly and colonel of our regiment of militia, a soldier well respected of his 
countrymen, of whose approbation he has received repeated testimonials. His wife, who 
died a few months ago, was a woman of benevolent heart, and deservedly respected and 
esteemed by all her neighbours, and of me in particular, for she was a kmd, loving 
mother-in-law. My brother-in-law, John Spiers, is a man near thirty, has been married 
several years, and has three children ; he is in good circumstances, is generally beloved, 
and has been frequently a member of our General Assembly. I shall say nothing about 
ray wife but that she is the daughter of the one and the sister of the other, and in virtue 
inferior to neither. They are the descendants of a family of the name who came from 
Scotland to settle in Virginia many years ago. This branch, both male and female, are 
people of uncommon stature, remarkably tall and well formed. Was it not commendable 
in me, Peter, to marry into such a family ? You remember my pigmy size, which is much 
the same as when I left you. My countenance and complexion is indeed greatly altered 
by sharp sickness and other casualties incident to strangers in this country, and partly 
from the ravages of time; for I have passed the years of my flowering spring, my 
summer's ardent strength, and am now come to my autumn, fading into age, and must 
look for the concluding winter to come at last and shut the scene. 

May our last scene be happy, my dear Peter ! the others are all but vanity. Was I 
writing to anybody else, it were time to attempt an apology for this long letter, but I 
shall offer none to you, my dear brother, well knowing that a familiar friendly confabula- 
tion is better adapted to your taste than any other mode of conversation. You will meet 
with several scraps of poetry interspersed in this epistle; some that occurred to my 
memory, and I thought applicable to my circumstances. If you wish to know the authors, 
Mr. James will tell you. I now hasten to a conclusion, and request you to favour me 
with a particular account of all my brethren and sisters, and as many of my kinsfolk as 
I had any knowledge of, not forgetting my old acquaintance Wm. Wilson, and others that 
I have not room to mention by name. It gives me the highest pleasure to hear that you 
are married and in a prosperous way. Pray, Peter, did I know my sister-in-law ? I am 
doubtful I did not, for my roving brain was so fertile of golden schemes in America that 
I had but little acquaintance of the St. Johnston ladies, so that you must even take the 
trouble of describing her to me. With the most ardent affection I would salute her, you, 
and all my numerous kindred, were you within reach of my embrace, and I am sure from 
many of you it would meet a cordial return. — I am, your very affectionate brother, 

Alexander Stewart. 

JVb^g.— The Spiers lived at Yankee Hall, Pitt County, North Carolina, but both they and their Stewart con- 
nections appear to be extinct in the male line, and the annexed letters give the only information of a reliable 
nature respecting them and their descendants at present obtainable. 

With the LETTER from Charles K. Gallagher to Charles Poyntz Stewart, Esq. 

Editor. 

Washington, Beaufort County, North Carolina, 

November 11, 1871. 
Charles Poyntz Stewart, Esq. 

Dear Sir, — Your letter written to Eev. Horace G. Hilton, rector of St. Thomas's 
Church, Bath, bearing date April 21st, 1871, and making inquiry after an outlying 



APPENDIX. 



H7 



branch of your family, etc., was handed by Mr. Hilton to my father, Frederick Gallagher, 
and referred by him to me for answer. The delay was principally caused by Mr. Hilton 
residing at Bath, distant about fifteen miles, and in being unable to find the other branch 
of the family that intermarried with the Spiel's, who seem to have disappeared from this 
section without leaving any trace. Family records are not given the consideration they 
merit in this country, I should be much pleased to accept your kind offer, mentioned 
in above letter to Mr. Hilton, of being furnished with a copy of our family history, and 
supply you herewith such details as are contained in our Family Bible. 

Alexander Stewart, first minister of St. Thomas's Church, Bath, North Carolina, came 
from England in the reign of Queen Anne. He was accompanied by his wife and two sons, 
Alexander and Charles. His wife and son Alexander died soon after their arrival He then 
married successively a widow, Mrs. Porter, n^e Peyton (my great-great-gmndmother) ; 
she died aged twenty-five. Miss Johnson, sister of Gov"^ Johnson ; Mrs. Kartarich ; Miss 
Hobbs. He died aged forty-five. Eosa, only daughter of Alexander Stewart and Mrs. 
Porter his wife, married John Kewell of Sussex, England. They departed on their 
bridal tour for Brighton, England ; the Kevolutionary War came on and compelled them 
to remain in England until after the suspension of hostilities. During their stay abroad 
their children were born in the order named, Elizabeth, John, Chailes, Anne, Catharine, 
Bosa, Mary, Frances, and one son who died, making three sons and six daughters. Anne 
married Captain John Gallagher, United States Eevenue Service, native of Philadelphia. 
Their only surviving son, Frederick, married Anne C. O'Neill, native of Philadelphia (my 
father and mother). Two sons, Charles and James, and one daughter, Mary, are the only 
survivors of nine children. Charles (myself) married two years ago Olivia, daughter of 
Joshua Taylor (we have one child, a daughter). Mary married Dr. Charles W. Sheffrey 
of Connecticut, and has removed thither; no children living. James is not married. 
He has just attained his twenty-first year of age. There are none of the male members of 
the Stewart family surviving. Should you wish further search made for the other Alex- 
ander Stewart's descendants, instruct me, and I will give the matter my best attention. 

Hoping to hear from you at no very distant day, believe me, sincerely, 

Charles K. Gallagher. 

of the ^^*^ J Captain C. E., 4th North Carolina State Troops—Infantry. 

90'Called / •'*<^^^'^'* Corps — Army Northern Virginia, Confederate States, America. 



LETTER from Charles K. Gallagher to Charles Potntz Stewart, Esq. -^j^j^ ^^^ 

Editor. 
Washington, Beattfort County, North Carolina, 

March 31, 1879. 

Dear Sir, — Your letter dated 10th January 1879 was received by me whilst suflfering 
from an inflamed hand which prevented my using a pen for weeks, in the interim I made 
inquiries after the persons mentioned, and trusting the delay may not have caused serious 
inconvenience to you, I submit the result. 

Inscriptions copied from tombstones in the old family burying-ground at Yankee 
Hall, Pitt County, North Carolina, viz.: — 

" Col Alex. Stewart. Bom in Scotland, Dec. 9th. 1725. Died July 30th, 1772." 
"John Spier, son of William Spier and Dorothy his wife. Born Feb. 14th, 1741. 

Died Feb. 23rd, 1770." 

" William Spier, son of John Spier and Penelope his wife. Born 12th October 1766." 
"Elizabeth Telfair, daughter of Alex. Telfair. Died Feb. 14th. 1816. Aged 34 

years. 

" Miss Almy Miles, daughter of Capt John Miles and Mary, his wife. Died Oct 25th, 

1788. Aged 15 years." 

" Elizabeth Spier, wife of John Spier. Bom Dec. 7th, 1774 Died March Slat, 1799." 



148 THE STEWARTS OF FORTHERGILL. 

" Mrs. Caroline S. Ellison, wife of Henry A. Ellison, daughter of Dr. Thos. Telfair. 
Born July 18th, 1812. Died Oct. 28th, 1830." 

I regret being unable to furnish other inscriptions, which could not be obtained with- 
out an expenditure of considerable labour, owing to the large extent of ground which is 
unapproachable in consequence of rank growth of grape vines, bamboo, briar, etc., 
forming an impenetrable matting of vegetation. In a former letter I wrote you that " John 
Spier died, leaving two daughters, Eliza and Julia. Eliza married Thomas Telfair. Julia 
married Hugh Telfair, brother of Thomas. James Stewart never married. After his 
death his property descended to his sister's child, Louisa Stewart Shepherd, who married 
Joel Dickinson. After his death she married Judge Childs of New York. Juliana 
Dickinson, her daughter by first marriage, inherited the property after Mrs. Louisa S. 
Childs* death, and was married to Mr. I^ouis Henop of New York. Her address at last 
advice was 45 West Twenty-Second Street, New York." The descendants of Thomas 
Telfair and Eliza Spier his wife are Octavius W., Thomas, David, John, Caroline, Mary, 
Julia (all dead except Octavius W. and Julia). Octavius W. Telfair married Pauline 
M'Nair, and has two sons living, William and Edward. His address is Washington, Beau- 
fort County, North Carolina. Julia married a Mr. Stockton, and lives in Florida. Mary 
married a Mr. Baker, and after his death Mr. Horn. Caroline married H. A. Ellison. 
One son, Thomas H., was born of their union. He died a few years past and has no 
descendant living. (I should have stated he (Thomas H ) married Miss Martha Stevenson 
of North Carolina.) Hugh and wife are dead, and descendants removed — viz. Hugh 
Telfair and Julia Spier left one daughter (Margaret). She married Henry J. Toole, and 
they are dead, leaving no issue. 

Since my last writing I also have had trouble and can sympathize with you. My 
mother died March 20th, 1875, aged sixty-nine years. The silver lining to this dark 
cloud of adversity is the addition to my family circle of a son (Rhodes Taylor, born 
August 28th, 1874) and a daughter, born June 5th, 1877. 

Trusting that the information herein contained may interest you, and assuring you 
of further news should anything turn up, I am, sincerely yours, 

Charles K. Gallagher. 

With the LETTER from Captain Ciiarles Stewart, 5th Dragoons, to the Reverend James Stewart, Minister of 

*^**^^- Kilbrandon, Nether Lorn, Argyleshire. 

DuNCANNON Fort, Fthnuiry 10, 1758. 

My dearest Nephew, — I had the pleasure of yours of the 18th January, which, I 
suppose, came to Belfast by Captain Donald M'Neil, and the welcome news of your 
recovery gave me infinite joy. I heartily congratulate my cousin John and his young wife 
on their marriage, and I wish them all happiness and prosperity. My compliments to them 
and to your sister, Balnacraig, who we are all obliged to for her care of you in your illness. 
Though you make no mention of your own children, I hope they are all well I am sorry 
I was not at home to have got acquainted with Captain M*Neil. As I am obliged to be 
here with my company the most of my time, and leave of absence to go out of Ireland 
in time of war is liartl to obtain, I fear it will not be in my power to visit the Land of 
Cakes and my friends in it the next spring or summer, which gives me real concern. 

This is a fort near Waterford, which commands the entrance of the harbour, where 
three great rivers (on which are many trading) when united empty themselves into the 
Irish or St. George's Channel. At this place there is £14,000 sterling to be laid out on 
repairing it this simimer ; there w ill be about 60 pieces of cannon mounted on it, from 24 to 
9 pounders. Here are at present 180 men, which I, as eldest Captain, have the honour to 
command; but the worst is that it is 160 miles from Lisburn. The unhappy King James 
VII. took shipping here for France the 3rd July 1691, after his defeat at the Boyne,and 
lay for a few hours in this room, the last he slept in in his dominions. I had a letter 



APPENDIX. 1 49 

from my Sandy from Bath in North Cai*olina dated in December last, who says that your 
brotlier Sandy was at that time very well, and happily married. I have not heard a great 
while of your brother Charles, I think last accounts 1 had that he commanded the ship 
lliat traded upon the coast of Africa. My Charies is at Gibraltar still ; Jemmy at Halifax, 
in Nova Scotia; Poyntz in Dublin or Drogheda. My daughter Nanny is still unmarried, 
though eldest of them. 

Charlotte was lately married to one Cornet Smythe at Ballintoy, by the worthy Dr. 
Stewart of that place. The Doctor's good lady was aunt to the Cornet. Eose, the youngest, 
was happily married to a pretty young man with a good estate. Mr. Rowan is an 
excellent husband, and has a son and two daughters living. My poor old wife is in a bad 
state of health and very lonesome at this time, as her family is reduced from twenty children 
to Nanny Stewart and little Charlie, my son Alexander s second son.^ Once more my 
compliments and best wishes attend you and yours, with all inquiring friends. — I am, 
dearest nephew, your ever affectionate uncle, 

Charles Stewart. 



LETTER from Captain Poyntz Stewart of Lisburn to Captain Charles Ross Stewart. With the 

Eilitor. 

Lisburn, December 24, 1778. 

My dear Eoss, — I had the pleasure of yours of 16th August last, and am happy to 
find that you, sister Stewart, and family are well, for from the amiable character I have 
had from the Miss Corneilles of her, be assured I wish for a much nearer acquaintance 
with her than I fear will be possible for some time ; yet Hope, that greatest comforter, 
often tells me that we shall meet after so long a separation, and that you will not always 
be confined to that one spot. 

I can with pleasure tell you that your mother and all friends here are as well as you 
could wish ; for my own part, I am now resolved to settle from every kind of business. 
The employment I had taking me away above half the year, and the expense of living in 
Dublin, and keeping a separate house, and part of my family in the country, I found 
would not answer ; I therefore have given it up for what I paid for it, as there was part 
of my principal sunk in it, and my boys are coming to that time of life that they will 
want all I can do for them. 

I do not know if I told you in my last that your brother James had sold out of the 
service ; he is now married to his old flame Henny Hodgkinson, and lives in Lisburn, 
where the old man lived ; he looks very well and has shook oflF all his complaints. They 
are not likely to have any family. Kose lives here with one of her daughters. Charlotte 
has all her family here except the second daughter, who is married to Dick Stewart 
near Ballintoy. We have lost four very worthy men within this year, old acquaint- 
ances of yours — Doctor Jones, Mr. Piers, Mr. Edward Fletcher, and Mr. Burden — which 
is a great loss to our little community. 

As to the blazoning of your arras, I have waited for some time for it, having given it to 
a man to draw off that I might enclose it, but I was afraid to wait longer for fear of the 
ship's sailing. I shall give it you in wax at the bottom, and on the outside. Had I an 
opportunity I would have sent the seal As to my father's family, as I never was in 
Scotland, I can only tell you that your grandfather was Alexander Stewart of Cluny in 
Perthshire, that the estate by intermarriages is now in possession of Sir Kobert Menzies, 
that you have numbers of relations in that part of the world, viz. John Stewart of 
Ballinakilly, near Dunkeld; Patrick Stewart of Cluny, near Duukeld; Doctor Alexander 
Campbell, Pool, Dorsetshire ; — all nephews of my father. Perhaps from this little infor- 
mation you may meet with some of your relations. 

Our aunt who lived at Dundee [MS. here worn away] and the legacy left to us at her 
death is gone, as Lady Boniskead died before her. We have been a little alarmed here in 

> Fidf Captain Gallagher's letter of 11th November 1871. 



1 50 THE STE WARTS OF FQRTHERGILL. 

respect of invasions, but they are all blown over. The different counties have raised for 
their own defence above twenty thousand men. I have a very fine company here. The 
Government disapproves of them, as it spoils recruiting. 

All here join in love and compliments of the season to you and yours, with, dear Boss, 
yours, etc. etc., 

P. Stewabt. 

To Charles Ross Stewart, Esq., St. Helena. 
Per Earl Talbot. 



EXCERPTS from Inventory of Title-Deeds in possession of the Duke of Richmond and Gordon, in 
Charter- Room at Gordon Castle, and examined by his Grace's permission. 

1482. Charter by King James III., dated 16th December, in favour of Alexander Gordon, 
son and apparent heir of George Earl of Huntly and Joanna Stuart his spouse, 
daughter of the King's uncle, John Earl of Athole, Lord of Balveny, and longest liver of 
them two^ of certain paits of the lands and lordship of Badenoch upon the resignation of 
the said George Earl of Huntly. 

1501. Special service before Walter Ogilvie of Boyne, Sheriff of Inverness, in favour of 
Alexander Lord Gordon as heir to the deceased George Earl of Huntly, his father, in 
the lands and lordship of Badenoch and Castle of Kuthven, excepting £100 of said lord- 
ship which the said Alexander and Joanna his spouse were infeft in conjunct fee, and 
were retoured at the value of £350 and £300 in tempore pads, dated 1st July 1501. 
N, — ^Earl George died about a month before. 

1501. Sasine following on the King's precept upon the said service retoured to the 
Chancery in favour of the said Alexander, 25th July 1501. 

1510. Charter of King James IV. to John Lord Gordon, son and heir apparent of Alexander 
Earl of Huntly and the King's daughter, Margaret Stuart, spouse to the said Lord John, 
and longest liver of them, in conjunct fee of all and haill the lands and lordship of 
Badenoch, with the house and Castle of Buthven in Badenoch, and donation of the 
churches and chapels thereof, in the county of Inverness, and also all and haill the lands 
of Forthergill, with the pertinents and fortalice of Garth, lying in the shire of Perth, 
proceeding on the resignation of the said Earl Alexander. Given under the Great Seal 
26th April 1510, and 22nd of his reign. 

1547. Dispensation from the Pope's vicar in ynritualibus, signed by the Dean of Caithness, 
official of Murray, for John Stuart, Earl of Athole, to marry Elizabeth Gordon. 
Oliver Sutherland was official of Murray. 
Attested by Hugh Scrogie, N.P., dated 9th April 1547. 

1543. Contract of marriage between John Earl of Athole and Elizabeth Gordon, eldest 
daughter of George Earl of Huntly, by way of indenture, dated at Edinburgh, 25th 
September 1543. 

Signed by Lady Dame Janet Campbell, Countess of Athole, for her son. Athole to 
infeft her in 300 merks' worth of land, and to get 3000 merks of tocher. 




INDEX. 



^m 


'^^m 




W^^^m 




INDEX 




ABBOTaHADOH, J. Goodlst of, 39 


Athole, Marquis of, 28 




Abbott of Cupar, the, 17 


„ SUwarta, 9 




Aberdeen, Breviary of. 16 


territory, 34, 38 




Geoige, Bbhop of, 38 


Atholia, Robert de, 10 




„ landa in, 12 


Atkin, LieuUnant William, 31 




Univereity of, 38 


Auchleeka, Duncan Robertson of, 35 




Aberfddy, 2 


Edgat William Robertson of, 35 




Acton, Co. Armagh, Poyntz of, 47-49 


Auchljne, Campbells of, 37-39 




Aghalee Rectory, 64 


family Bible, 37 




Affiea Menzies, 35 


Auchterderna, miniBter of, 33 




Alan, Bon of Flaald, 1 and Addenda 


Austin, Beatrice, 45, 46 




Alanton, St«uart of, 2 


„ William, of Perth, 46, 46 




Albany, Duke of, 8 






„ Murdoch, Duke of, 17 


Badenoch, Lord, Alexander SUi wart, 2, 4, 5, 41 


57, 


Alexander, Biahop of Moray, 5, 6 


and Addenda 




Alexandria, battle of, 37 


Bollanorris, Cunninghamea of, 40 




AliWUr More Makiu Re, " Alasdair Mor Mac an 


Ballechin, Unds of, 8, 9 




Kigh," 8 and Addenda 


Ballichuain, 43, 44 




Alston, Major Jamea, 58 


Ballintoy, Stewart of, 48-50 






Balnacard, 17, 30 




America, 36, 45, 46 


Balnacraig, 43, 45 




Anderson, Arthur, M.D., O.B., 38 


BalnakiUie, Stewart of, 42, 47, 58 




Anna Menzies, 35 


Bancho, Thane of Lochaber, 1 




Anne-Balcarrea Alston- Stewart, 58 






Antiiiuaries, Society of, 38 


„ North Carolina, 43, 45 




Apnodull lands, 18, 19 


„ Royal Crescent, 63 




Appin of Dull, 26 


„ Walcot Chureh, 53 




Ardchattan, 43, 44 


Beatrice Austin, 45, 46 




Argyle, Earls »r, 1, 18 


Belfast, Registry of Wills, 47 




„ John, Duke of, 53 


Eendyahe, M., of Barrington Hall, 54 




„ Marquis of, 19 


T., of Barrington Hall, 54 




Argyleshire, 42 


Beyerley, St. Mary's Church, etc., 52 




AmisKh, Co., 47 


Bible, Edradynste family, 32 




A-Ds, 44 


BUhop, Miss, 58 




Artarig Cowal, 44 


Bishop of Dunkeld, WUIiam, 32 




Artimocormick House, 50 


Itiseet, Mis^ 28 




Arundel, Earls of, 1 


Black, Henry, 58 




Asiatic Society's Gold Medal, 53 


BUckhealh, 45, 46, 56 




Athole Club, 37 


BlackbiU, 34, 36, 37. 40 




„ Earls of, 10, 16-20, 22, 23, 37, 30, 31, 41 


Duncan of, 34, 36. 37 




„ family, 41 


Blair-Atbole, minister of, 57 




„ Highlanders, 40 


Bolfrach, lands of, 2, 13 




„ John, lat Duke of, 34 


Bombay, 55, 56 




„ Duke of, 42, 44. 45 


Bonds of man.r^nt, 18-20 





154 INDEX. 


Bonskeid, 13, 21, 24 


Campbell, Neill, of Lotterie, 43 


„ 6th laird of, 33 


Lord Niel, 35 


Boratinsky, Count, 55 


„ Patrick, of Monzie, 35 


Borennich, lands of, 13, 21 


„ Robert, of Auchlyne, 39 


Bouverie, Colonel, 58 


„ „ of Glenfalloch, 39 


Boxer, Captain, K.N., 58 


„ Sir Robert, of Glenorchy, 38, 39 


Brabazon, Tiady Jane, 53 


„ Mrs. Stewart, of Cloichfoldich, 37, 39 


Brazil, 45 


„ William, of Kilchrennan, 43, 45 


Breadalbane, 15, 17, 3639 


„ „ of Glenfalloch, 39 


„ entail, 37, 39 


„ „ Bowie, 37 


„ let, 2nd, and 3rd Earls of, 39 


„ Williehamina Maxwell, 37 


„ Ist and 2nd Marquises of, 39 


Carolina, North, 45 


„ 6th FArl of, 39 


Carrickfergus, 47 


„ 7th Earl of, 39 


„ St Nicholas' Church, 47 


Brenock, Co. Armagh, 47-49 


„ „ „ monumental in- 


Bridgeland, Devon, 45, 46 


scriptions in, 30 


Bridlington, 52 


Cassarbury Ghaut, 52 


Brighton, 52, 54, 55 


Castlemilk, Stuart of, 2 


Bruce, Marjory, 2 


Chapel of Killiechassie, 33 


„ Robert, 2 


Charlotte Stewart, 48, 50, 52, 56, 58 


Buchan and Ross, Earl of, 2, 12, and Addenda 


„ Alston-Stewart, 58 


„ „ his epitaph, 5 


Chesthill, Menzies of, 58 


Bunhill Fields (burial-ground), 45 


Chichester Cathedral, 56 


Bur, Bishop Alexander, 6 


Christina Alston-Stewart, 58 


Burgess, Lady (the ship), 45 


„ Leslie, 58 


Bute, Stuart of, 2 


Chronicle of Dean of Lismore, 11, 17, 20, 21, 23 


Butter, Henry, of Pitlochry, 44 


„ of Forthergill, 9, 11, 17, 20, 23 


„ Mr., of Faskally, 44 


Clark, Admiral, 58 




Clement VIL, Pope, 5 


Calcutta, 56 


Cloichfoldich, 34, 37, 39 


Caldbeck, T., of Edenbray, Co. Wicklow, 56 


„ Alexander of, 34, 37 


Camock, property, 42-44 


Close, Christian, 48 


Campbell, Agnes, 33, 38, 39 


„ Maxwell, 47 


„ Alexander, of Comries, 30 


„ Richard, 47-49 


„ „ of Lochdochart, 39 


Cluny or Clunie, 37, 40 


„ Anna, 32, 33 


„ Wester, 28, 42, 44, 45 


„ of Auchlyne, 39 


Colquhalzie, 36, 37, 40 


„ Beatrice, 30 


Coltness, Steuart of, 2 


„ Colin, of Glenfalloch, 39 


Commissioners for Suppression of Crime, 18 


„ „ of Glenorchy, 18 


Comrie, Mr. Alexander, 33 


„ „ of Mochaster, 39 


„ Captain James Menzies of, 34, 35 


„ Duncan, of Auchlyne, 38, 39 


Comries, lands of, 30 


„ ,j of Edramuchy, 32 


Comeille, Daniel Bartholomew, 51 


„ „ of Glenorchy, 13, 16, 18, 19 


„ Daniel, 51 


„ Elizabeth, of Ardchattan, 43, 44 


„ Elizabeth, 51 


„ Ewyne, 18 


Cowal, Artarig, 44 


„ Gavin, 39 


Cragandew, 44 


„ of Glenorchy, 39 


Crandall, 42 


„ James Good let, of Auchlyne, 37, 39 


Crathie, minister of, 36 


„ Jean, 38, 39 


Crossley, Jane, 56 


„ J. A. G., of Glenfalloch, 39 


„ Msgor, 56 


„ Sir John, 4th Baronet of Glenorchy, 35, 


Crystal charm, Edradynate, 34 


38, 39 


Culdares, Menzies of, 34 


„ of Kilmore, 45, 46 


Culloden, battle of, 35 


„ Marjory, of Ardchattan, 43 


Cumberland, Duke of, 36 


Mary, 30 


Cuninghame, Mary Jane, 40 


„ of Monzie, 42, 43, 46 


„ Robert, 40 


„ „ Elizabeth, 4, 43, 46 


Cuninghames of Drumquassell, 40 



INDEX. 



155 



>» 



>> 



Cunison, J., minister of Dowll, 27 
Cunnynghame, Sir W. Dick, Baronet, 58 
Cupar, William, Abbot of, 17 

Daolonworth Park, Cirencester, 52 
Dalgliesh, Christian, 39 
Dalmeny, lands of, 16 
Dalnagam, lands of, 16, 22 
Dalroy, lands of, 16 
David L, King of Scotland, 1 

II., King of Scotland, 2, 12 
Stewart, General, 57 
Dawson, Matilda Frances, 55 

„ W., of St. Leonard's Hill, Co. Berks, 55 
Deccan war, 52 
Delapr^ Abbey, 58 
Deputy-Lieutenant, 40 
Derby, 7th Earl of, 28 
Derculicb, 34, 38, 39 

„ Kobert of, 34, 38, 39 
Derriaghy, 52, 53. 
Devon, Co., 45 
Dischertoyer, district, 18 

Dispensation to Alex. Stewart, 1st of Bonskeid, 24 
Donaldus Robertsone, Notary Public, 32 
Dowallie, lands of, 30 
Dowhill family, 32 
Down, Co., 47-49 
Dragoons, 5 th or Moles worth's, 47 
Drogheda, Viscount, 53 
Dromore, Bishop of, 49 
Drumbanagher Castle, 47 
Drumchary, Stewart of, 44, 57 
Drummond, Katherine, 43, 44 
Lord, 19 
Malcolm de, 6 
Drumquhassell, Cuninghames of, 40 
Dublin Records, 49, 52, 56 
Duckworth, Rose, 49 

„ Theophilus, Bishop of Dromore, 49 

Dull, 16, 30, 36 
Duncan, Miss, 35, 36 
„ Agnes, 52 
„ Robert, 52 
Duncannon Fort, 47 
Dundrum, Smythe of, 49 
Dunfallandy, sculptured stone of, 38 
Dunipace, Stirling, 52 
Dunkeld, Thomas, Bishop of, 13 

William, Bishop of, 32 

Cathedral, 1, 5, 11, 17, 20 

Little, parish of, 30 
Duntanlich, Stewart of, 57 



)» 



>> 



» 



f> 



f» 



»» 



Eastertyre, lands of, 8 

Echlin, Agnes, 53 
„ Rev. H., 53 
„ Sir Henry, 53 



Edenbray, Co. Wicklow, 56 
Edinbui^h, 18, 36 

„ Alexander, Bishop of, 38 

Edmund Fei^usson, 44 
Edradynateor Edradagonat, 4, 16 

„ Stewart-Robertson of, 33-41 

„ Bible, 30, 32 

„ Castle, 40 

charter-chest, 34, 36, and Addenda 
crystal charm, 34 
Edramuckie, lands of, 32, 34, 36 

„ Duncan Campbell of, 32 

Egypt, 37 

Elgin, Monastery of, 5 
„ burning of, 6, 7 
Elizabeth, Alston-Stewart, 58 

„ Campbell of Monzie, 42, 43, 46 
„ Maclauchlan of Fassifern, 43 
„ Stewart (Mrs. Macfarlane), 43 
Ely, Viscount, 53 

Emmanuel Church, Tunbridge Wells, 45 
Erskine, Colonel Sir H., 53 
„ Lord Chancellor, 56 
„ „ his daughter the Honour- 

able Frances, 56 
„ Thomas de, 6 
Eton College, 54 
Euphemia, Countess of Ross, 8 

Faskally, lands of, 44 
Fassifern, 43, 44 
" Fasti Ecclesiae Scoticanae," 42 
Fechelly, lands of, 12 
Fergusson, Adam, minister of Logierait, 42 
Professor Adam, 36 
Rev. Adam, 36 
Sir Adam, 36 
„ Edmund, 44 
„ Mary, 36 
Ffinlairge, y« Chapyle of, 33 
Fife, Lord, 6 

Fincastle, Stewarts of, 57, 58 
Fitzallan, Walter, 1, 2 

„ William, 1 
Flaald, 1 
Fleming, Emilia, 35, 37 

J. Stewart, of Monesa and Killiechassie, 35 
James Stewart, 36 
Robert, of Moness, 35, 36 
„ „ Stewart, 35, 36 

„ Susan, 37 
„ Thomas, 35, 36 
Flemings of Moness, the, 36 
Flodden field, 18 
Florence, Tuscany, 55 
Forbes, Alexander de, 12 
Forres, burning of, 6 
ForthergUl, 2, 8, 11, 12, 18, 20, 22, 30, 40 



» 



»i 



>> 



» 



156 



INDEX, 



ForthergiUy Stewarts of, 44 

„ John Stewart of, 67 
Foe, 20 

„ Joseph Stewart of, 57, 58 

„ last laird of, 58 
Francis II., King of France, 1 

Garth Castle, 2-5, 8, 9, 11, 12, 17, 30, 41 
Gavell Moir, lands of, 28 
Gawler, Captain, 45 

„ Lydin, 46 
Gayer, A. E., 53 
„ John, M.P., 53 
„ Magdalen, 53 
„ Memoirs of the Family of, 53 
„ Rev. Philip, 53 
" Genealogist," the, 31 
Gleam Linna, or "Glen of the Lakes," 15 
Glencoure, lands of, 12 
Glenfalloch, lands of, 18, 37, 39 
Glengowlandy, lands of, 2 
Glenlyon, 13, 19 
Glenorchy, lairds of, 18, 38, 39 
„ Campbells of, 32, 39 

Glenquey, lands of, 40 
Gloag's Valuation Roll, 30 
Gloucester, 52, 58 
Goodlet, Agnes, 39 

„ James, of Abbotshaugh, 39 
Gordon, Amelia, 53 
„ Elizabeth, 16 
„ H., 36 

„ Sir W., of Embow, 53 
Gowrie, Earl of, 1 
Grandtully, 2, 16, 19 

„ Alexander Stewart of, 17 

John Stewart of, 1 7 
Thomas Stewart of, 17, 21 
Gray, Lord, 19, 24 

„ „ Andrew, 19-21 
„ Patrick, Master of, 27 
Green tree, James, 51 
„ Margaret, 51 

Hackney, St. John's Church, 51 

Haileybury College, 53, 54 

Hall, Roger, of Narrowwater Castle, 47-49 

„ Rose, 47 
Hancock, Elizabeth Ann, 52 

„ J., of Daglon worth Park, 52 
Hartley Court, Berks, 53 
Hawkesworth, Alice, 49 

„ Sir Robert, 49 

Henry I., King of England, 1 
Hepburn, Helen, 36 

„ John, 36 

„ „ of Colquhalzie, 37 

„ Mr. Stewart, 40 






Hepburn, Mrs. Stewart, 40 

Herbert, Miss, 36 

Hertford, Lord, 53 

" Highland Regiments and Highlanders," 57 

Highlanders, 42nd Royal, 36, 37 

Holland, Magdalene, 56 

„ Rev. Dr., 56 

„ Rev. T. A. 56 
Horsham, Sussex, 45 
House of Lords, Ireland, 53 
Hove Church, Brighton, 55 
Huntly, Earl of, 16, 18, 25 

George, 16 
Alexander, 17, 22 
Hurst Lodge, 45 



>9 



>» 



>» 



}> 



India Office Rboords, 52, 54, 56 
Installation, instrument of, 32 
Insulis, Alexander de, 6 
Iron Acton, Gloucester, 49 
Irvine, Dr. William, 57 

„ Mrs., 57 

„ Rev. A. R, 57 
Isabel de Say, 1 
Islay, minister of, 43, 44 

James I., King of Scotland, 10, 12 

IL » 13, 18, 22 






IIL 
IV. 
V. 






17, 19 
19, 20-22 
24 



„ Stewart, Lord High Steward, 12 
Janet Alston-Stewart, 58 

„ Menzies, 2, 4, 9-13 
Jones, Rev. George, 45 

„ Rev. William, 52 

„ Mary, of Ospringe, 52 
Jura, Islay, 44 

Katherine Deummond, 43, 44 
Keith, William de, 6 
Keltney, burn of, 3, 13, 19 
Kenneth IIL, 1 
Kilbrandon, Lome, 42-44 
Kilchattan parish, 44 
Kilchrennan parish, 43, 45 
Killiebrochan, lands of, 13, 18, 20, 24 
Killiechassie, 33-37 
Killiecrankie, 58 

„ Cottage, 58 

Killin, 32-34, 37, 38 
Kilmore parish, 45, 46, 49 
Kilmorich, lands of, 30 
Kinachan, Stewarts of, 58 
Kinedicard, lands of, 12 
Kinsale, 53 
Kynachan, lands of, 2, 10 



INDEX. 


157 


Ladtwell, 58 


Menzies, Anna, 35 




TiSSRintalich, lands of, 2, 10 


„ arms, 11 




Lennox, Earl of, the Regent, 22 


„ Barbara, 28, 30, 32 




Leslie, Jean, 35 


„ Castle, 34, 35 




„ of Rinroy, 68 


„ charters, 16 




Lewisham Hill, 45 


of Chesthill, Miss, 58 




Liber Ploscardensis, 6 


„ „ William Stewart, 58 




Lindsay, William, Bishop of Dunkeld, 32 


„ of Comry, 16 




Lisbum, 47-52, 54, 55 


„ „ Duncan, 23, 30 




Little Thurlow Park, Suffolk, 52 


„ Culdares, 34, and Addenda 




Logan, Hugh, of Logan, 37 


„ Egidia, 12 




L(^erait, 36, 42 


Emilia, 35, 36 




„ churchyard and sculptured stone, 38 


„ Ennoch, 20 




„ Palace, 8 


„ family, 36 




Lome, 43-46 


„ James, 22, 23 




Lotterie, Campbell of, 43 


„ * „ Captain, 34, 35 




Lurgan, district of, 54 


Janet, 2, 4, 9-13 




LycUa Gawler, 45, 46 


„ John, 12, 16, 17, 19 




Lyon Office Records, 10 and Addenda 


„ of Menzies, Duncan, 35 




Lyon River, 3, 13 


„ Sir Robert, 12, 22, 58 
„ Robert, of Weem, 21 




MacAbthub, General, 45, 46 


„ Stewart feud, 20-22 




Macfarlane, Mary, 43, 44 


„ Thomas, 12 




Macfarlane, Rev. John, 43, 44 


„ Vere, 34, 35 




Macintosh, Isabel, 38, 39 


Meyners, or Menzies, 10, 22 




„ Sir lAchlan, 39 


Moira, Earl of, 51 




MaclAchlan, Elizabeth, 43, 44 


3folesworth's Dragoons, 47 




„ of Fassifem, 43, 44 


Monaghan, 47 




MacTavish, Archibald, minister of Islay, 43, 44 


Moncrieff, J., 19 




M*Condoquhy, Angus M'Ane Woir, 26 


MonesR, Flemings of, 35-37 




M'Diarmid, Clan, 13-15 


Monrannych or Borenich, 24 




M^ennis, Sir Con., 49 


Monskeid or Bonskeid, 24 




MKjilliechallum, Allaster S., assassinates John 


Monumental tablets, 47, 48, 51 




Stewart, 27 


Monzie, 42, 46 




M*Gregor, freebooter, 33 


„ Patrick Campbell of, 35 




„ J., Dean of Lismore, 17 


Moore, Brabazon, 53 




M*Ivor, Clan, 13-15 


„ I^dy Jane, 53 




M'Quein, Donald, 23 


„ Mary, 53 




„ Mariota, 23 


„ Randal, 53 




Magheramisk parish, 54 


Moray Cathedral, burning of^ 6 




Mahratta war, 52 


MortU causa deed, 57, 70 




Man, Isle of, 40 


Moulin, or Melyn, or Mulzoing, 21, 28, 33, 


42, 43 


Mar and Garioch, Earl of, 3, 4, 6,9, 12 


Mousa, Shetland, 4 




Mar, Margaret, Countess de, 9 


Mull, 44 




Margaret, consort of King James IIL, 13 


Mullans, 47-50 




„ sister to Alexander Stewart, Earl of Mar, 


Murdoch, Duke of Albany, 17 




Addenda 


Murray, Earl of, 1 




" Marion," wife of John Stewart, of Forthergill, 41 


„ William, of TuUibardine, 26 




Mariota, daughter of Athyn, 9 


Murthly, marches of, 1 7 




Mary Queen of Scots, 1 






Maud, daughter of Henry L, 1 


Nagpobe, siege of, 52 




Meath, Earl of, 53 


Naime, " Life and Songs," by I^y, 28 




„ „ his daughter. Lady Jane Brabazon, 53 


„ Mary, daughter of Lord, 28 




Menyheis de la Weyme, 1 7 


Narrow water Castle, 47 




Menzies, Agnes, 35 


Newcastle, the keep at, 4 




„ Sir Alexander, 1st Baronet, 34-36 


Newry Castle, 49 




„ Alexander, de Forthergill, 10-12 


„ M.P. for. Sir T. Poyntz, 49 




„ Alexander, 30 


Nisbet's Heraldry, 40 





158 INDEX. 


North Carolina, 43, 45 


Rinroy, Leslie of, 58 


Notary Public, 32 


Rio, Brazil, 45 




Robert L, King of Scotland, 11 


Ochiltree, MSS. of Lord, 20 


,> II., „ 2, 6, 12 


Oliphant, L, of Gask, 28 


„ III., „ 8, 9 


„ James, 18 


Roberts, Captain Arthur, 52 


„ Tidurence, Lord, 18 


„ Mary Arabella, 52 


Ormonde, Duke of, 49 


Robertson Alester, of Calmein, 27 


Orwin, F. J., 45 


„ Alexander, 5th of Struan, 38 


Ospringe, Kent, 52 


„ de Atholia, arms of, 11 


Oswestiy, 1 


„ of Balnacraig, 43, 45 




„ Donaldus, 32 


Pakland, Emily C, 54 


„ Dougal, of Faskally, 26 


„ John, 54 


„ Duncan, of Auchleeks, 35 


Patten, Charlotte, 56 


„ „ of Edradynate, 38 


„ W., 56 


„ „ of Struan, 28 


Pau, France, 54 


„ Edgar, of Auchleeks, 35 


" Peel" forts, 4 


„ George, Rev., 38 


Penrhyn, M.P. for, 54 


„ ;, of Faskally, 27 


Perth, 6, 45, 46 


„ James Stewart, 32-40 


Perthshire, 42, 44, 58 


„ James, 38 


MUitia, 40 


„ Margaret, 38 


Peterborough, FArl of, 49 


„ „ of Faskally, 27, 28 


Phillips, Captain, 48, 50 


„ „ of Struan, 28 


„ Rose, 48, 50 


„ of Struan, 34, 38 


Piers, Margaret, 56 


„ Walter, Notaiy, 26 


„ Nicholas, 56 


Robertson's " Index of Charters,** 10 


Pitcaatle, 33 


Rochester Castle, the keep at, 4 


Pitdomy, lands of, 22 


Roman Republic, historian of, 36 


Pitlochry, 38, 44, 57 


Roro, lands of, 15, 30 


Pitnacree, lands of, 8 


Roseneath, 43, 45 


Poet Struan, 34, 38 


Ross, FArl of, 10 


Pondicherry, siege of, 52 


Rothes, Master of, 35 


Povey, Sir T., Chief-Justice, 49 


Rowan, Ann, 48 


Poynings, Rector of, 56 


„ Charlotte, 48 


Poyntz, Dame Anne, 49 


„ John 48 


„ Sir Charles, 49 


„ Letitia, 48 


„ Christian, 47-49 


„ Margaret, 48 


„ Sir John, 49 


„ Rose, 48 


„ Sarah, 49 


Royal Scots Regiment, 53 


„ Sir Toby, 47, 49, 53 


Ruthven, Master of, 19 


Presbytery, 38 




„ of Lorn, 44 


St. Adamnan, 15 


„ of Perth, 42 


St. Andrews University, 32, 42 


Prince Charles, 35 


„ Bishop of, 6 


Professorship of Eastern Tianguages at Haileybury,53 


St CLair, Colonel the Honourable J., 53 




St. Columba, 16 


Radt, a favourite of Robert III, 8 


St. George's, Stonehouse, Devon, 45 


Ramsgate, 45 


St Helena Records, 51, 56 


Rannoch, lands of, 2, 9, 13, 18, 19 


St John's Church, Hackney, 51 


Ratmurkus, estate of, 6 


St Leonard's College, St Andrews, 42 


Rattray or Rettrie, Andrew, 17 


St Ninian's Altar, Dunkeld, 20 


„ „ John, 17, 41 


St Thomas' Island, 45 


„ „ Silvester, 16, 17, 41 


Sandeman, Glas, 28 


Rebellion of 1715, 34 


„ Margaret, 28 


Registrum Episcopatus Moraviensis, 5 


Scotlower, Governor of St Helena, 51 


Reid, family of, 8 


Scott, Sir Walter, 36 


Richardson, Sir T. S., of Pitfour, 28 


Sculptured stone of Logierait, 38 



INDEX. 


159 


Senescallns or Steward, 1 


Stewart, Ann, wife of Captain Poyntz Stewart^ 50 | 


„ Alexander, 1, 5, 6, and Addenda 


9> 


„ daughter of James Stewart^ 43, 45 


Settle, Co. York, 65 


)) 


Anne, of Beverley, 52 


Shaw, J., of Sauchy, 19 


» 


„ of I^ishurn, 48, 50 


Sithcbailliun, mountain of, 13 


99 


„ daughter of Major Stewart, 56 


Smith, Rev. K, of Glenavy, 56 


» 


„ daughter of R. Campbell Stewart, 


„ Margaret, 56 




45,46 


Smythe, Alice, 49 


9> 


Archibald, of Ballintoy, 49 


„ Anne, 48, 54 


99 


T^y Barbara, 23 


„ Archdeacon J., 48, 49, 53 


99 


Beatrice, 30, 45, 46 


„ Charlotte, 48-50 


>9 


Catherine, 50 


„ Hannah, 50 


99 


Charles, 42, 43, 45, 46 


„ Rev. J., 51 


99 


„ M.P., 54 


„ Mary, 49 


99 


,^ Captain, 5th Dragoons, 30, 47-49, 


„ Ralph, of Dundrum, 49 




53 


„ William, 48, 50, 54 


99 


„ Captain, 28th Regiment, 51, 52 


„ „ Bishop of Eilmore, 49 


99 


„ R(4s, Captain 84th R^ment 50, 


„ „ of Rossdale Ahbey, 49 




51 


Soame, J. Frith, 52 


99 


„ Major, H.RLC.S., 53 


Spiers, Colonel, 43 


99 


„ Colonel, of Ballintoy, 49 


„ family, 43 


99 


„ Edward, 54 


Spottiswood, Agnes, 52 


99 


„ Arthur Wellesley, 53 


„ T., of Dunipace, 52 


99 


„ Poyntz, 55 


Sprott, Rev. G. W., 32 


99 


Charlotte, of Beverley, 52 


Spynie, Castle of, 6 


99 


„ of Dublin, 56 


Stanley, Lady Amelia, 28 


99 


„ of Tiisbum, 48-50, 56 


Stathem, Captain J., 56 


9» 


Lady Christian, 16, 18, 20, 21, 25 


„ Mai^garet, 56 


99 


Christian, 35 


Statistical Survey of Scotland, 13, 18 


99 


General David, 5, 8, 27, 57, and Addenda 


Stephen, King of England, 1 


99 


Dorothea, 33, 37, 40 


Stewards, Lord High, 58 


99 


„ or Doratie, 30 


Stewart, arms of, 10, 11, 47 


99 


Dorothy, 43 


„ origin of the family, 1 


99 


Duncan, of Blackhill, 34, 36, 37 


„ various spellings of, 1, 2 


9» 


„ his " History of the Stewarts," 57 


„ Adam, of Blackhill, 36, 40 


99 


Edward Piers, 56 


„ Alexander, Earl of Buchan and Ross, 1, 2, 


>9 


Egidin, aunt of Robert XL, 10 


4, 5, 8, 9, 1 1 , 1 2, and Addenda 


99 


Lady Elizabeth, wife of Andrew Lord 


„ „ Captain, 30, 33 




Gray, 25 


Rev., 42 


}9 


Elizabeth, wife of Kiel L of Garth, 19 


„ „ last of Balnakillie, 58 


f) 


„ wife of James Stewart of Clunie, 


„ „ Ist of Bonskeid, 18, 21, 24, 57 




42, 43, 46 


„ „ 5th of Bonskeid, 27, 28 


yt 


„ wife of James of Kilbrandon 


„ „ last of Bonskeid, 28 




and Clunie, 43, 44 


„ „ of Carse, 26 


99 


„ daughter of James of Kilbran- 


of Cloichfoldich, 34, 37 




don and Clunie, 43, 44 


„ „ Colonel, of Cloichfoldich, 37 


99 


„ daughter of Captain Ross 


„ „ „ of North Carolina, 42 




Stewart^ 51 


43,46 


99 


„ daughter of Robert Campbell 


„ „ of Wester Cluny, 30, 31, 40, 




Stewart, 45, 46 


42,47 


99 


„ Anne, wife of Captain C. 


„ Amelia, 56 




Stewart, 28th Regiment^ 52 


„ „ rite, Gordon, 53 


99 


Emily, of Lisbum, 56 


„ Andrew, 9 


99 


„ Constantia, 54 


„ Ann, of Blackhill, 37 


99 


Emma, 52 


„ „ of Dundee, 31 


91 


Frances Louisa Alston, 58 


„ Lady, 22 


99 


Frederick, Rev., 52 


„ „ daughter of Alexander Stewart, 43 


99 


GUberl^ 33 


„ „ „ James Stewart, 43 


99 


Helen, of Blackhill, 37 



i6o 


INDEX. 


Stewart 


, Henry Black, 58 


Stewart, Marjory, Laily, 18 


it 


Isabel, of Balnakillie, 30, 47 


„ Mary, daughter of Major Stewart^ 56 


ty 


„ of Bonakeid, 26 


„ „ n^ Bendyshe, 54 


9f 


Jaiues, 3rd of Bonskeid, 23, 26 


„ „ of Beverley, 52 


9f 


„ Captain, RN., of Cloichfoldich, 37 


„ of BlackhiU, 37 


9t 


„ of Derculich, 38, 39 


„ „ Ann, of Lisburn, 57 


tt 


„ of Fincastle, 24, 26, 57 


„ „ Arabella, 52 


») 


„ of Forthergill, 6, 9-13, 18 


„ Matilda, daughter of Sir James Stewart, 17 


>y 


„ Captain, of Lisburn, 50 


„ „ Frances, 55 


1) 


Rev. James, minister of Kilbrandon, 30, 


„ Colonel Matthew, 51, 52 




42-44, 46 


„ Maud, 17 


H 


James, of Killiecliassie, 34-36 


„ Niel I. of ForthergUl and Garth, 13, 16-19 


99 


Rev. James, minister of Moulin, 31, 33, 


„ II. of ForthergiU and Garth, 20, 23, 40 




35, 42-46 


Patrick, of Wester Cluny, 42-46 


19 


James, of the Nizam's cavalry, 55 


„ Philip, Bombay Civil Service, 64, 55 


99 


„ Mackenzie, of Urrard, 37, 58 


„ „ Major, 50, 63, 64 


9» 


„ 1st of Wester Clunie, 28-30, 32, 


„ Poyntz, 56 




34, 40, 42, and Addenda 


99 Rev., 64 


»> 


„ son of the above, 30 


„ „ Captain, 49-61, 63 


tt 


„ 3rd of Wester Clunie, 42, 43 


Robert, 30, 36 


»} 


„ son of John Stewart, 45, 46 


„ „ Rev. 30, 32, 40 


99 


Jane, of Lisburn, 56 


„ „ of Ballechin, 9 


99 


Janet W. M. C, of Cloichfoldich, 37, 39 


„ „ 2nd of Bonskeid, 21, 24, 26 


99 


„ of Fincastle, 26 


„ „ of Cloichfoldich, 37 


99 


„ daughter of James, Ist of Wester 


„ „ of Derculich, 34, 38, 39 




Clunie, 30 


of Killiechassie, 36-37, 47 


99 


Jean, 43 


„ „ of Urrard, 68 




„ Lady, 16, 22 


„ „ Campbell, 45, 46 


99 


John, of Balnakellie, 30 


Rose, 48-50, 53 


99 


„ 4th of Bonskeid, 23, 26 


„ Rosina, 56 


99 


„ „ his murder, 26 


„ Susan, 35 


99 


„ 6th of Bonskeid, 33, 40 


Thomas, 8th of GrandtuUy, 26 


99 


„ son of John, 4th of Bonskeid, 27 


lOthofGrandtully, 26 


9> 


99 99 99 "^8 


„ Walter, 2, 9, 12 




murder, 27 


„ „ Frederick, 62 


99 


„ minister at Crandall, 42 


„ William, 30 


99 


„ of Forthergill and Garth, 9-18, 40, 


„ „ Captain, 64 




41, 47, 57 


„ „ brother of Balnakillie, 42 


99 


„ son of Niel L of Garth, 20 


„ „ of GrandtuUy, 26, 27 


99 


„ last of Garth, 23 


„ „ of Lisburn, 60, 61, 63, 66 


99 


„ Sir, son of King James IL, 9 


„ „ Alston, 68 


9> 


„ son of James of Moulin, 42-45 


„ „ Hampton Christian, 56 


99 


„ of Stronchary, 42, 44 


9, 99 Speir, 43 


99 


Joseph, of Foss, 58 


Stewart-Robertson, 4, 38-41 


99 


Magdalen, daughter of Major Stewart, 56 


Stewarts of Appin, 19 and Addenda 


99 


„ of Lisburn, 56 


„ Athole, 19 


99 


Malcolm, 19 


„ Ballechin, 33 


99 


Margaret, iiee Stathem, 56 


„ Fincastle, 67 


99 


„ of Carse, 26 


Forthergill, 44 


99 


„ of Lisburn, 50, 56 


GrandtuUy, 21, 26 


99 


„ of Urrard, 37 


„ Monteith, 19 


99 


„ of Wester Cluny, 30 


„ ' Stratheme, 19 


99 


Marie, of Garth, 23 


Urrard, 27, 34, 68 


99 


Mariota or Marion, wife of John, 1st of 


Stillington Vicarage, 52 




Forthergill, 13 


Stirling, Sir T., of Glenesk, 11, 12 


99 


Marjory, wife of James of Kilbrandon, 43 


Stormont, Viscount, 38 


99 


„ daughter of James of Kilbrandon, 


StrathardiU, lands of, 16 




43 


Strathspey, lands of, 6 



StnthUy, district ot, 33 
Strathtnmmel, district of, 2, 9 
StroDcluiy, J. Stewart of, 44 
Stnian, 5th Laird of, 38 

„ family of, 35 
Stuart, Br. John, 42 

„ caiue, 34, 38 

„ Rebellion, 1715, 34 
Surat, address from inhabitants of, &4 

„ portrait of Mr. P. Stewart at, 54, 55 
Susan Alston- Stewart, 58 
Tathouth, Black Book of, 17 
„ Castle charters, 11 

Tempair, lands of, 10 
Theiner's " Vetera MtmumeDta," 34 
Tippermaloch, Duncan o^ 36 
Traqiiair, Stuart of, 2 
Trevor, Sir Edward, 49 
Tromerry House, 5t 
Tullibardine, William, Earl of, S8 

„ Marquis of, 38 

Tullichcroske, lands of, 2, 10 
Tullichcurran, lands of, 16 
Tullochcarron, lands of, 22 
Tullypoarie, lands of, 8 
Tunbridge Wells, 45, 46 
Twaits, Mary, 51 
UsiVBBSiTy of St. Andrews, 32 



Urban V., Pope, 6 
Urrard, 34, 37, 58 
„ Stevart of, 34 

Valuation Boli^ 1649, 28 

Venice Campanile, 4 

Veaey, Archbishop, of Tuara, 48, 49, 54 

„ Catherine, 48, 49, 54 - 

„ Leonora, 49 

Walhodbn, Count, 52 
War Office Records, 47 
Waringstown or Warriagton, 47, 50 
Woem, 34 

„ Castle burned, 21 
Wester Cluny, 42, 44, 45 

„ James Stewart of, 33, 34, 40 
West Indies, 36, 45 
Westport, Ca Mayo, 56 
Whitchurch, Christine, 49 

„ Sir Marmaduke, 49 

Wicklow, Co., 56 
William, Bishop of Dunkeld, 32 
Wilson, Dr., 32 

" Wolf of Badenoch," 6, 8, 9, 11, 41, and Addenda 
Woodward, M^or R, 66 
„ Mary, 56 

York, Duke of, 51