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RECORDS OF INVERCAULD 



Only 525 Copies printed. 
No....S.S'0.... 



THE NEW 'i ^.;. 

PUBLIC LIL-r.A vY 



ASTOR, LENOX A [ 
TILDEN FOU DA , '. \S. 



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1Recov66 ot Jn\>evcaul6 



MDXLVI I— MDCCCXXVI 1 1 



EDITED BY 

THE REV. JOHN GRANT MICHIE, M.A. 

MINISTER OF DINNET (/ 



ABERDEEN 

printed for tbe l^ew Spalding Club 

MCMl 

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i'ri.^ 



.;f:l M<V 



A' 1 «./■«. LLN.>X AND 
TtLCLN FO NUATION6. 



PRINTBD BY 

TAYLOR AND HENDERSON 

ABERDEEN 



^be Dew Spalbina Club* 

Fnmded ttth Nwtmbir^ iSS6. 

patron : 
HIS MAJESTY THE KING. 

os'S'xoa sa^:E&z3BS s'oxft 1900-01. 

THE^ EARL OF ABERDEEN, G.CM.G., LL.D. 
Wcea^ccilbcitti : 



1;hs Dukb of Richmond and Gordon, K.G., 

D.CL., LL.D. 
The Dukb of Fifb, ICT. 
Thb Mabquis of Huntly, LL.D. 
Thb Eabl of Ebboll, ICT., LL.D. 
Thb Eabl of Stbathmobb. 
The Eabl of Southbsx, K.T., LL.D. 
Thb Eabi* of Kintobb, G.C.M.G., LL.D. 
The Eabl of Rosbbbbry, K.G., K.T., LL.D. 



Thb Lord Fobbbs. 

Thb Lobd Saltoun. 

Thb Lobd Pbovost of Abbbdbbn. 

Sib John F. Clabk, Bart.,ofTiUypronie, LL.D. 

Sib Gbobgb Rbid, P.R.S.A, LL.D. 

CoLONBL Jambs Allardycb of Cnlqnoich, LL.D. 

Jambs A. Campbbll of Stnumthro, M.P., LL.D. 

William Fbbguson of Kinmnndy, LL.D. 

Emeritus Profesior David Masson, LL.D. 



•tMiMff 45cm>CCT of Conncai 



W. Brace Bannennaii, Croydon. 

John Bulloch, Aberdeen. 

Sir Thomas Burnett, Bart., of Lm. 

The Right Rev. Bishop CSushohn, D.D., LL.D., 

Aberdeen. 
The Rev. Professor James Cooper, D.D., Glasgow. 
Patrick Cooper, Advocate, Abmeen. 
William Cramond, LL.D., CuUen. 
Peter M. Cran, Gty Chamberlain, Aberdeen. 
The Rev. J. Myers Danson, D.D., Aberdeen. 
Professor W. L.- Davidson, LL.D., Aba:deen. 
William Dunn of Murtle. 

}ohn Philip Edmond, Haigh. 
ames Ferguson, Sheriff of Argyll. 
Alexander Forbes, Aberdeen. 
Alexander M. Gordon of Newton* 
Henry Wolrige-Gordon of Esslemont 
John A. Henderson, Aberdeen. 
Sir William Henderson, LL.D., Aberdeen. 
Colonel Thomas Innes of Leamey, LL.D. 



Lt-Colonel William Johnston of Newton Dee, M.D. 

J. F. Kellas Johnstone, London. 

The Rev. William Forbes Ldth, S.J., Selkirk. 

David Littleiohn, Sheriff-Qerk, Aberdeen. 

Peter Daguid-M*Combie of Easter Skene. 

The Rev. John G. Michie, Dinnet. 

Alexander M. Munro, Aberdeen. 

Robert S. Rait, Oxford. 

Alexander Ramsay, LL.D., Banff. 

Alexander W. Robertson, Aberdeen. 

John Forbes Robertson, London. 

The Rev. James Smith, B.D., Abefdeen. 

Sir David Stewart of Banchory, LL.D. 

C Sanford Terry, University of Aberdeen. 

Alexander Walker, LL.D., Aberdeen. 

George Walker, Aberdeen. 

Robert Walker, Universi^ of Aberdeen. 

John Forbes White, LL.D., Dundee. 

Professor John Dove Wilson, LL.D., Aberdeen. 

Robert M. Wilson, M.D., Old Deer. 



•cccctarv! 
Pbtbb John Andbbson, University Library, Aberdeen. 

TCccasiicer: 
Fabquhabson Taylob Gabdbn, 18 Golden Square, Aberdeen. 



William Milnb, C.A., Aberdeen ; Andbbw Davidson, CA, Aberdeen. 



PREFACE. 

The papers which compofe the prefent volume do not 
exhaufl: the Records of Invercauld. There yet remains a 
large mafs of original documents. Charters, Precepts of 
Saline, and many other legal deeds of various kinds ; of mod 
of which the Editor has only attempted to give a short digefl 
or summary, while of others he has limited himself to a mere 
inventory of contents. Befides thefe there are doubtlefs some 
others which have altogether efcaped his notice, though he 
believes there are not many of much general or even local 
intereft. 

The Genealogical Records of the Family prior to the 
era of Finla Mor, reft almoft entirely on legends which 
scarcely merit to rank as traditions, they are so improbable 
and so varioufly narrated. From that date (1487-1547), 
however, the authorities, as explained in the text, are quite 
reliable. 

The Eftate Papers have been arranged in alphabetical 
order, the objedt aimed at being to prefent, with as little 
repetition ajs poflible, a continuous hiftory of the several 
smaller properties which from time to time became portions 
of the Invercauld Eftates. 

The Family Papers, on the other hand, have been 
arranged in chronological order, as being the moft scientific 
and convenient for reference. 

The Monaltrie Papers and thofe left by Lord George 
Murray are treated separately from the Family Papers. 



VIU. PREFACE. 



The Appendix, as explained in the text, confifts of stray 
or overlooked documents, which were neverthelefs thought 
not unworthy of infertion in the body of the work. 

It remains for the Editor thankfully to acknowledge 
information received from several friends on obfcure points 
of detail and in other refpects. To Mr. Farquharfon of 
Invercauld, pofleflbr of the reproduced portraits, are due his 
efpecial thanks for unreferved opportunities afforded him for 
examination of the Records and procuring the illuftrations, 
and valuable aflistance in their seledtion for publication, as 
well as for his kind supervifion of the work in its progrefs 
through the prefs. Thanks are alfo. due to Sir John 
Farquharfon of Corrachrce, who revifed some of the proofs » 

concerning his own branch of the clan, and furnifhed i 

interefting notes on other matters ; and to Colonel James 
Allardyce of Culquoich, whofe Historical Papers the Editor 
frequently confulted for the verification of dates and | 

other particulars. In this connexion he cannot omit to men- 
tion the warm intereft taken in the progrefs of the work ^ 
throughout by the late lamented Dr. Neil of Pembroke 
College, Cambridge, who alfo supplied interefting notes. j 



J. G. M, 



Manse of Dinnet, 

1st August^ igoi. 



K 



TABLE OF CONTENTS. 



PACK 



Genealogy of the Clan Fhionlaidh or Farquharsons, i 

Estate Papers, 22 

Woods and Grazings, 115 

Servitudes, 133 

Perthshire Estates, 195 

Lands Holding of the Duke of Athole, ... 213 

Lands Holding of Naughton, 215 

Lands Holding of Graham of Balgowan, 216 

TiENDS 225 

Family Papers, 228 

Social Life at Invercauld, 374 

Visitors at Invercauld, 382 

Monaltrie Papers, 396 

Lord George Murray, Letters of, 449 

Appendix, 461 

Proprietors of Crathie and Braemar, 463 

Tillybardine, Commission of, ... 466 

Rochailly, Estate of, 467 

Monaltrie and Tenants of Crathie, 469 

Charles Gordon of Abergeldie — 

Renounciation of Lands to Rochailly, 47 1 

Lord Lovat's Vision and Prophecy, ... 475 

Hopewell, Estate of, 481 

Micras (Wester), Estate of, 489 

Rineaton, Estate of, 493 

Court of Barony, 497 

Withdrawal of Interdict against the wearing of the Highland 

Dress, 497 

War News, 498 

Parcels of Various Papers 500 

Index 509^ 



/) 



LIST OF ILLUSTRATIONS. 

Invcrcauld-^/rom draztnn^ fy Major Victor Fargukarson, ... Frontispiece. 

Arms on Stone over Entrance, 

House, from S.W., as it was in 1784, 

John Farquharson II of Invercauld, 

James Farquharson of Invercauld, 

Sketch Map circa 1735, 

Francis Farquharson of Monaltrie, 

House, from S.W., as in 1848, 

Present House, from S. W., 



y 



• . • ... «, 


» 74 


... ... ... „ 


„ 268 


„ 


» 335 


... ... ... „ 


. 372 


... ... ... „ 


« 396 


... ... ... „ 


» 465 


... ... ... „ 


,, 466 



i^iil 



RECORDS OF INVERCAULD 



There are amongst the Invercauld papers several accounts of the origin 
and growth of the Clan Farquharson. 

A. "A GENEALOGICAL TABLE OF THE CLAN FHION- 

LAIDH OR. FARQUHARSON, DESCENDANTS OF 
FINDLA MORE." 

This Table begins with 

Shaw of Rothiemurcus, the fifth from whom is findla, com- 
monly called findla more. From this ancestor it traces the descent of 
the several branches of the Clan to the banning of the present century. 
The Invercauld branch ends with Catherine, who succeeded her father, 
James, in 1805. It contains very few dates, but generally gives the 
marriages. 

B. The same, slightly abridged, and put in the form of a Genealo- 
gical Tree. It sets out from the same ancestor, Shaw of Rothiemurcus ; 
but, in a different hand, gives an additional generation, in some cases 
two. It terminates the Invercauld branch with James Farquharson, who 
succeeded his mother, Catherine, in 1845. The information it contains is 
not so full as that in A. 

C •* GENEALOGY OF THE FAMILY OF INVERCAULD 
made about the year 1707." 

This seems to be the document on which all the others are founded, 
and will in its place be quoted at length. 

A 



RECORDS OF INVERCAULD. 

D. A copy of C. with some variations and notes. 

E. "GENEALOGY OF THE FAMILY OF INVERCAULD," 

seems to be another copy of C. though not closely followed 

F. "ORIGIN OF THE NAME OF FARQUH ARSON," con- 

tains also a genealogy of the Invercauld branch, to which is 
added, in the same hand, a note by William Farquharson, 
evidently of Monaltrie. 



GENEALOGY OF THE CLAN FARQUHARSON 

A. and B. "Shaw of Rothimerchus, lineally descended from the 
most ancient Thanes and Earls of Fife, had a son called farquhar, who. 
settled in the braes of Mar. . His sons, as was the custom of these early 
times, were called FARQUHARSONS or sons of Farquhar ; and hence, from 
the simame of the family of this Farquhar, all the Farquharsons in Scot- 
land are descended."' 

C "Genealc^y of the Family of Farquharson of Invercauld from the 
original Manuscript History of Gentlemen's Families in Scotland, wrote 
about the time of the Union by . *. . . found in the Repositories of 
the late Baron Maule, and now in the possession of Mn David Deuchar, 
Seal Engraver, Edinburgh, No. 109 of the Manuscript" 

"Farquharson of Invercauld, the predecessor of this Family, is de- 
scended from McDuff, Thane of Fife, being descended from Shaw 
McDufFs third son, who went north, and possessed himself of Rothie- 
murchus on Speyside. John Shaw, the eleventh man inclusive lineally 
descended from the great McDufT, was called CORSHIACLACH for his 
buck-tooth« He had seven sons." 

D. Gives the date — ** wrote about the year 1707," and supplies the 
following note — " It is thought the MS. is here wrong, and that it was 
the 2nd son of Constantine, 3rd Earl of Fife." 

I. It is not strictly correct to say that all the Farquharsons in Scotland are descended from this 
Farquhar. There were many 6ow 0* mecU Farquharsons and Forbeses as well as Gordons — 
parents who took that bribe to substitute in respect of their children the clan surname for their 
own, which was frequenUy only a tee name. For other reasons, also, new surnames were assumed. 
In Morayshire, and many other parts of the North, persons frequently took that name at a very 
early period, without being in any way connected with the chief or his family. A curious instance 
of this nature is recorded <m a gravestone in Mortlach Churchyard. It is in Latin, and may be 
translated thus — 

" Here lies an honorable man, Robert Farquharson of Lochterlandich who died there on the 
5th day of March, in the year of our Lord 1446 (or 1546). To whose soul may God be pro- 
pitious." 

** Robert was the son of Farquhar Cuming, but renounced his proper patronymic and called 
himself after his father's Christian name."— 5". N. and Q., June, 1888. 

The name is now very widely spread in America and England. — See Jerviae £pU. I., p. 35a 



4 RECORDS OF INVERCAULD. 

E. Supplies this further information regarding Shaw of Rothie- 
murcus : He and his people " being dispossed (by the strong hand) 
of Rothiemurcus by Cumin, Lord Strathbogie and Badenoch, Shaw fell 
in to Be the King's Cup-bearer ; and to this day carries 3 carved cups 
neglecting the Paternal Coat of Arms. When Rothiemurcus was killed 
he left behind him one son. His relict married Baron Farquhanen in 
Athole, whose sons when come of age assisted the Representatives of the 
Rothiemurcus Family with a considerable number of men against the 
Cuminins — killed [Cumin] himself and most part of his retinue between 
Rothiemurcus and Strathbogie in a place since called, Laggan n* 
Cuminichy or the Cummins' grave. Cummin was then a Rebel against 
King Robert Bruce ; therefore the successors of said Shaw carry on their 
Arms the bloody hand and dagger. This Shaw, again in possession of 
Rothiemurchus, was the nth man inclusive leneally descended from the 
Great McDuff.'^ 

I.— FARQUHAR. 

A, ** Farquhar, son of Shaw of Rothiemurchus, whose progenitor 
had been very active in defeating and expelling the Cummings, the 
constant enemies of King Rol^rt Bruce, from Strathbc^e, which 
appears by the honourable addition obtained to their armorial bearings, 
lived in the reign of King Robert 11. (1370- 1390) and King Robert III. 
(1390-1406) and was settled in the Braes of Mar where he had con- 
siderable possessions. He married a daughter of Patrick Duncanson or 
Robertson, ist of the Family, of Lude, by whom he had a son — 1371." 

C We have here a longer account of this ancestor. 

" Ferquhard, (the 2nd of the seven sons of John Shaw altos John 
with the Bucktooth) coming over to Mar possessed himself of the 
Braes thereof and was made Baillie and Chamberlain of Mar about the 
time that the Earldom was annexed to the Crown at the death of Alex. 
Stewart (1435) who married Elizabeth (Isabella) Douglas. This Far- 
quhard married Margaret (Daughter to Patrick Duncanson of Lude 
who was the first man of that Family and brother to Robt Duncanson 
of Strewan of whom are descended the Robertsons) by whom he had 
three sons, Donald, John and Findlay ; Patrick and James are said also 
to be his sons, or at least his brethrea Of Patrick is descended the 
Patersons in the North ; and of James, who was called Don or Doun 
from his Brown Hair, are descended the Dons, Downies, and the Cowins. 
Ferquhard having given several proofs of his Valour and Courage had, 
according to the general practice of the Highlands, his name transmitted 
as a Surname to his Posterity, so that the sons were called Farquharson. 



GENEALOGY OF THE CLAN FARQUHARSON. 5 

Donald the first succeeded — the seed. John, of whom are descended the 
Farquhars of Gilmorescroft ; and of Gilmorescroft, the Farquhars of 
Mounie, and who only by contracting the word are called Farquhars. Of 
the third, Findlay, is come- the Findlays and M'Inlays in Argyleshire. 
Farquhard had also two base bom sons, William and John of whom is 
come Riachs, Cowies, and Grassicks calling themselves Coutts, and the 
M'Yocks." 

E. Makes no addition. 

F, Adds the M'COMBIES to the descendants of James ; and states 
that Farquhard was chamberlain over the Tiends payable by the 
Earldom to the Crown. 

II:— DONALD. 
A, " Donald, who succeeded him (Farquhar), married a daughter 
of Robertson of Calvine, by whom he had an only son.'' 

C. '' Donald the eldest son married Ann, daughter to Robertson of 
Caloyne, and had by her Farquhar beg." 
The other authorities follow A. 



III.— FARQUHAR. 

A. "Farquhar married a daughter of Chisholm of Strathglash. 
His youngest son settled in the Braes of Angus, of whom several families 
of the name of Farquharson are descended. He died in the end of the 
reign of James III. (c 1480) and was succeeded by his eldest son." 

C "Farquhar beg his (Donald's) son succeeded and married 
Jean, daughter to Chisholm of Strathglass, by whom Donald." 

The other authorities follow the above. 



IV.— DONALD. 

A. " Donald married a daughter of Duncane Stewart of the Family 
of Mar. He got a considerable addition to his paternal inheritance for 
his good and faithful services done to the Crown, and by her had a son 
and successor." 



6 RECORDS OF INVERCAULD. 

C. '' Donald his [Farquhar bog's] son married Isabell, only child to 
Stewart of Invercauld and Aberarder, and got with her the said Lands, 
their eldest son and heir and successors bearing still ever after the Title of 
Invercauld." 

The other authorities follow the above^almost verbatim. 

We now come to an historic personage, to whom, although their sur- 
name was derived from his grandfather, all branches of the Clan Far- 
quharson ascribe the honour of being their founder and common ances- 
tor, and from whom they have their Celtic appellation of CLANN or SIOL 
FHIONLAIDH. 

v.— FINDLA. 

A, '^FlNDLA, commonly called Findla More on account of his 
gigantic size and great strength of body, who was also a man of fine 
parts, remarkable bravery and fortitude, was killed fighting in 
defence of the liberties of his country bearing the Royal Standard at the 
battle of Pinkie, anno 1547. His descendants in the Highlands were 
called Clann Fhionlaidh, though before this period they were called in 
the Gaelic language Clan Erachar, and most of the branches of the 
Family were called Mackerachar, and several of them still retain that 
name. In like manner some of the descendants of the said Findla 
settling in the low countries with the name of Mack Fhionlaidh had 
it afterwards converted into Findlayson. He married a daughter of 
Stewart of Kincardine, and 2nd Beatrix daughter of Garden of Banchory, 
who married Robertson of Lude after his death." 

C "FiNLAY MOIR {ix. Great for his Extra Strength and Stature) 
his [Donald's] son married Beatrix Garden, Daughter to Garden of 
Banchory. He died aged 60, leaving behind him 6 sons. He accom- 
panied the Earl of Huntly to the Battle of Pinkie, Anno 1547 who 
procured him the carrying of the Banner Royal ; and as the army 
descended towards the sea side was killed with the same in his hand by a 
Cannon Ball from the Enemies' ships. His Body lies interred in the 
Church Yard of Inveresk. The place is known to this day by the name 
of the 'Lang Highlandman's Grave.' His first son, William, suc- 
ceeded, and of the other five since that time are Descended the Families 
of Monaltrie, Inveray, Craignite, Broughderg, Auchriachan, Finzean, 
Whitehouse, Allanquoich, Rochalie, Shanallie, Campbell." 

The other authorities follow the above closely except in the matter 



GENEALOGY OF THE CLAN FARQUHARSON. , 7 

of spelling and the order of the Families tracing their descent from 
Finla Moir. The order given in the chart is as follows : — ist William, 
2nd Robert, 3rd Donald (Castletown, i>., Monaltrie), 4th Lauchlan 
(Broughdei^), Sth George (Deskrie), 6th Finlay (Auchriachan). The 
others mentioned above were descended from one or other of these six. 
As represented in the chart, William would appear to be not only the 
oldest son, but of the first marriage. All the others are evidently of the 
second marriage. 

A Miss Garden, thought to be Mrs. Farquharson or her sister, is 
celebrated as the Scottish harpist who delighted Queen Mary.< 

John Ross of Auchlossin married a daughter of Finlay Mor, by 
whom, besides his successor, Nicol Ross, he had at least one daughter, 
married to AUaster More (Forbes) of AuchmiUea This Allaster is 
designated " Meikle Alexander Forbes in Auchmillen " in several docu- 
ments.3 

The previous laird of Auchlossin, also a John Ross, was husband of 
Agnes Garden, daughter of Banchory, and therefore sister-in-law to 
Finlay Mor.3 

From and after the era of Finlay Mor there is a departure from the 
previous mode of recording the succession, in that now for the first time 
the different leading Families with their branches are inserted ; and A, 
has many items of information omitted in B. So that the Clan may be 
said to b^n with him, though it was not till the time of his great 
grandson that we find it ranked among the Highland Clans. Reckoning, 
therefore, from Finlay Mor as the common and great progenitor of the 
Clan, whom we shall style i, we proceed with the account of his succes- 
sors in the Invercauld line as given in these documents. 

2. WILLIAM I. 

A. " WiLLUM married Beatrix Gordon Daughter of Lord Suther- 
land, and had a daughter, Janet, who married Thomas Mlntosh of 
Fenigand, and died without issue." 

I MS. Genealogy of Rosi of AucUouin ; 2 Ibid ; 3 Ibid. 



8 RECORDS OF INVERCAULD. 

F. ^ William Farquharson of Invercauld, first mentioned, married 
B., Daughter of the Earl of Sutherland of that Ilk, and [dying] without 
issue [was] succeeded by his next Brother, Robert*' 

The other authorities follow A. 



3; ROBERT I. 

A. ** Robert married Daughter of Baron Reid — Rivemie ; and had 
issue, Joha'' 

C ** Robert his (William's) Brother married • . . daughter to 
Robertson of Inverchroskie by whom John, who succeeded, and Finlay 
and Alexander of whom are come the Families of Rivemie, Westoun, 
Kirkton of Aboyne and Cults (Culsh). This Finlay was a Colonel and 
served under the Duke of Buckingham and went with him to the Isle of 
Rye in France, whence returning to England he was killed thereafter at 
the head of his R^ment in the Battle of Worcester being in the King's 
Service against the Parliament 1657."— {7 is a clerical error for i). 

The other authorities following C D. and E. copy the error 7 for i ; 
and D. omits the reference to Colonel Finlay, but inserts E. before 
^ daughter " — '^ probably, EuphemioT A sept of the Robertsons had 
early the alias of Reid This Robert bom c 1520 died c 159a 

Besides his successor, John, he had other 3 sons, viz. : the above 
named Finlay who succeeded to Rivemie on his father succeeding to 
Invercauld, and who married Jean, daughter to Ogilvie of Clova; 
Alexander *' who married Elspet Forbes daughter of Bithny,** and became 
the head of the Family of Loynmore or Wesltoun, as already stated ; and 
'' William who married Lady Sauchan, daughter of Leith of Likelyhead, 
and was killed by Walter, brother to Leith of Overhall, who was after- 
wards killed in revenge by Findlay of Auchreachan." 



4. JOHN I. 

B, •* John Farquharson of Invercauld married a daughter of Barclay, 
brother of Barclay of Gartley and widow of Henry Gordon of Knock.** 

C. ^ John his (Robert's) son married Margaret, daughter to . . , 



GENEALOGY OF THE CLAN FARQUHARSON. 

Barclay of Gartley by whom Robert who succeeded, and 4 daughter 
Marjory, Jean, Issabel, and Grissel, who married M'Intosh of Keilachie, 
Farquharson of Kellis, Farquharson of Inverey, and Stewart of Foiss," 
[respectively]. 

The other authorities follow C. Henry Gordon of Knock was killed 
in 1592 (see Deeside Tales) so the marriage must have taken place 
some time after that event John died in 1632. 



5. ROBERT II, 

A, " Robert Farquharson of Invercauld purchased Wardis (Ward- 
house), married I. Margaret daughter of Pitlochrie' ; II. Lady White- 
haugh, a niece of Lord Forbes." 

C. " Robert his (John's) son married Margaret Daughter of Erskine 
of Pittodrye by whom Robert, who succeeded, and Alexander and five 
Daughters, Margaret, ist married to MTherson of Invereshie and 2nd 
to Grant of Torran ; Barbara to Ross of Auchlossan ; Grissel to 
Robertson of Fowles ; Marjory to Leith of Overhall ; and Magdalen, to 
Robertson of Inverchaskie."' 

D. Has Grant of Carron instead of Grant of Torran. 

E. Has Torran instead of Carroa 

/^ Has Carron, which is doubtless correct In all other respects D, 
E, F. agree with C, The discrepancy between these and the Table and 
Tree remains to be explained. Wardhouse was purchased in the year 
1633, not as Dr Davidson states {Earldom of the Gariochy p. 222) about 
1650. It is not clear what the extent or value of the estate at that time 
was, but it is certain that it was heavily burdened. Sir John Leslie, the 
last laird of his family, having parted with the Wardhouse property, died 
in 1640, " and was buriet in his own chapel at Tillyfour, where never laird 
of Wardes was buriet before " — Spalding. The late Mr Farquharson of 
Whitehouse — a great authority on all matters connected with his clan — 

I. The explanation is probably this : Pitiochru in A, and ^. is a mistake iotPittcdru^ and the 
fact of the second marriage is an omission in the others, which are in great part copies of each 
other. 

6 



lO RECORDS OF INVERCAULD. 

writing to the editor, says, " It was not till Robert Farquharaon of Inver- 
cauld, about the year 1632, acquired such influence in the affairs of the 
country that they [the Farquharsons] were accounted worthy of being 
esteemed an important Highland Clan. It was this Robert who first 
obtained for them their Armorial Bearings, which, with some variations, 
were adopted by all the other families.** And the late Mr McCombie of 
Easter Skene, who also was a great genealogist, informed the writer that 
Invercauld, soon after acquiring the property of Wardhouse, set up a pew 
for himself in the Church of Insch, and engraved on a panel in front of 
it the arms as they are at this day with the new motto '' Fide et Forti- 
tudine " as a Latin translation of the former motto — ^" I force nae friend, 
I fear nae foe." So much did he increase the estate and consolidate it by 
charters of confirmation that he might well be called a Second Founder 
of the Family. In these papers this laird is often styled "Sir Robert 
Farquharson of Invercauld & Wardis," but it does not appear that he was 
either a knight or a baronet, though it is probable that his learning and 
influence in the county procured him the title by common consent He 
died in 1652 aged c 6a 

It is to him Spalding refers under anno 1641 in these terms : " The 
committee of estates at Edinbui^h hearing how the forbidden name of 
McGr^for and their accomplices brake loose about this time, and were 
soming and troubling the King's lieges day and night, condescended with 
the laird of Invercauld, for a certain sum of money, to defend the Sheriff- 
doms of Angus, Mearns, Aberdeen, and Banff (whilk were the countries 
wherein they did most injury and oppression), for a year to come, from 
all rief and spoilzie ; what was taken by thir robbers frae them he was 
obliged to repay the samen to the complainer within the space foresaid ; 
for executing the whilk office, the forenamed laird of Invercauld was 
captain himself, and gathered together about two hundred and fifty men, 
and kept the said four shires both night and day so carefully, that none 
suffered skaith, theft, or oppression, but lived in all peace and quietness ; 
whilk the estates perceiving, discharged him of his office, but gave him 
not good payment of what was promised at the making of the bargain, 
thinking tiiat the country would be free of any more vexation ; but thir 
limmars hearing of his discharge, brak out again under John Dugar, to 
trouble and molest the country, to their great grief and skaith." 



GENEALOGY OF THfe CLAN FARQUHARSON. II 

6. ROBERT III. 
A. " Robert married Anne Ogilvie, daughter of Kempcairn." 

C. "Robert, his [Robert II/s] son married Ann, Daughter to Ogilvie 
of Kempcaim by whom only a Daughter, Marjory, married to Forbes of 
Leslie and dying without issue male was succeeded by his Brother Alex- 
ander." 

n. E. R repeat C 

He is mentioned several times as serving on local committees 
formed among the proprietors to put down the "caterans and broken men. 

He died in 1666, aged about 45. His widow soon after married the 
laird of Dalmore, which did not cement the friendship between the two 
families. The marriage is thus referred to in The Exercise ef Alford^ 
p. 87 — "Mr. Robert Irving being absent (October 31, 1666) is excused 
in regard he had gone to Braemarre by ane order from the Bishop, to 
celebrat Roderick Mackenzie his marriage with Invercauld his relict" 

In the Diary of John Row, Principal of King's College, there is 
this entry — " Robert Fercharson, Laird of Invercald deceased August 
'66, aetat . . ." This being so, Ann Ogilvie (Mrs. Farquharson) 
remained a widow only for the space of about two months. Robert was 
succeeded by his brother, having left, as stated, no male issue. 

7. ALEXANDER I. 

A, " Alexander married Elizabeth, Daughter of M'Intosh." 

C. " Alexander, his (Robert's) Brother married Elizabeth, Daughter 
to M'Intosh of that Ilk by whom John, William, Alexander, and Mar- 
garet who married Robertson of Lude ; bom . . . and dying unmarried 
was succeeded by his Brother, John." 

There is here an error of the transcriber, or rather an omission^ which 
is partly accounted for by Jdin being placed after William. 

D. " Alexander his brother married Elizabeth M'Intosh daughter 
to M'Intoshof that Ilk by whom William, John, Alexander, and Margaret 



12 RECORDS OF INVERCAULD. 

who married Robertson of Lude^ — William dying unmarried was suc- 
ceeded by his Brother, John." 

E. and F, follow C. 

At the death of Alexander of Invercauld in 1681 the circumstances 
of the family were thesec A widow in the prime of life with four young 
children, relying upon her brother, the chief of a neighbouring and power- 
ful clan, for the management of her extensive estates, and under them a 
local tutor or factor — Mr. John Forbes, who was also entrusted with the 
education of the family. This state of matters continued, with some 
changes, till the death of William, the eldest soa^ 

8. WILLIAM II. 

Of him these documents give no other account than that " he died 
unmarried and was succeeded by his Brother, John." He died in 1694, in 
the 18th year of his age. Some important estate events took place 
during his minority. The property of Wardhouse, in the Garioch, 
was sold, and negotiations were begun for the purchase of the barony of 
Kinaldie in Cromar, and many bonds and obligations were entered into 
in his name; and, lastly, his mother married his tutor, this Mr. John 
Forbes, who was a son of a Mr. Adam Forbes of Brux, in the parish of 
Kildrummy. 

9. JOHN II. 

A. "John Farquharson of Invercauld married i. Isabell, daughter of 

I Letter of John Farquharson of Invercauld to the Laird of Leith-hall, of date October i8th, 
1722, states expressly that his father died in 1681, and implies that the estate of Wardhouse was 
sold to Rosihilif who was probably a Gordon of Lesmotr. 

In a MS. history of Forbes of Echt there occurs this entry : *' On ist September 1676 
Arthur Forbes of Echt was chosen one of the Curators of Margaret Farqnharsony Younger of 
Invercauld, which office the said Laird of Echt, along with others, accepted (Sheriflf Court 
Records, Aberdeen i6;6)" 

At this date Margaret — ^the eldest of the fiimily — was the heir-apparent to the estate, and 
hence styled " Younger of Invercauld " ; hence, also, the need to select Curators, in case there 
should be no male heir. Margaret, as stated, had afterwards three brothers. 

a On the death (1681) of Alexander of Invercauld an Inquisition before a Jury was held ai 
December to prove the legitimate descent in the elder male line of William, Alexander, and 
Margaret, children of the said Alexander of Invercauld, with the view, as it would appear, of 
establishing a claim on the Rivernie estate. The finding gives the descent as recorded in D, 



GENEALOGY OF THE CLAN FARQUHARSON. 1 3 

Craigmill (Craigmyle) ; 2d Christian, daughter of Menzies of Weem and 
widow of Ballachin ; 3rd Margaret, daughter of Lord James Murray ; 4th 
Jean, daughter of Forbes of Waterton." 

C. "John, son of Alexander of Invercauld married Isobel, eldest 
daughter of Sir Alexander Burnet of Craigmyle, and is not only chief 
and representative of all descended from Ferquhard, the 2nd son of Shaw 
Corshiaclach, but of all those descended of Shaw the first of that name 
and son to the Great McDuff foresaid, the issue male of the said 
Ferquhard's eldest brother being quite extinct which is acknowledged by 
the Shaws themselves." 

The reason why the marriages recorded in A, and A are not inserted 
in C, Z?., £., and F. is that these latter papers were compiled before 
the death of John's first wife, Isobel Burnet^ while the former embrace the 
two succeeding generations. 

Sir Alexander Burnet of Craigmyle, a cadet of the house of Leys, 
died leaving only three daughters, all in nonage. The property was con- 
siderable, valued at ;^620 in 1696 (Poll Book). This was to be divided 
among the three children when they came of age. John Farquharson 
married the eldest when both were minors, which gave trouble afterwards 
as the papers show. She survived till about the year 171 1, but we have 
no account of any offspring. 

His second wife. Christian Menzies, was the daughter of a large 
proprietor in the highlands of Perthshire, in which county Invercauld had 
then considerable possessions. She had previously been married to 
Stewart, who was chamberlain to the first Duke of Athole. It was he 
(Stewart) who in Dundee's insurrection held the Castle of Blair- Athole 
for King James and refused to give it up to its rightful owner, but 
surrendered it to Dundee on the eve of the battle of Killiecrankie. He 
died soon after, leaving Christian Menzies a widow, whom John 
Farquharson took for his second wife. She is never referred to in these 
papers, and probably did not long survive her marriage. 

His third wife, Margaret, daughter of Lord James Murray, was niece 
to the first Marquis of Athole and cousin to the first Duke, and thus 
nearly related to Lord George Murray, whose daughter John Farquhar- 
son's son, James, afterwards married. Margaret Murray became Lady 



14 RECORDS OF INVERCAULD. 

Invercauld — ^the title always given her*-^n 1721, and in the follow- 
ing year a son and heir was bom, followed in after years by four 
daughters — Anne, the heroic Lady M'Intosh of the '45 ; Mally (Matilda), 
who died young; Mary, who married John Ogilvie; and Peggy 
(Margaret) who died in 1784 aged 58 years. Lady Invercauld died.before 
1730 (the exact date is not recorded), leaving the laird a widower for the 
third time. He afterwards married Jane Forbes, daughter of Waterton, 
by whom he had one son, Robert, and two daughters, Jean and Frances'. 
He himself died in 1750, having held the honours of his family for the 
long period of 55 years. It was an eventful career. The early troubles 
with estate matters, both with his own and his first wife's relations ;» 
the vexatious disputes about property he had purchased, the claims of 
creditors, the rights of superiors, the delimitation of boundaries, &c., 
leading to numerous lawsuits — all detailed at considerable length in these 
papers — ^were scarcely adjusted when he was reluctantly dragged into the 
rebellion organised by his feudal superior, the Earl of Mar, of whom he 
held most of his lands in Aberdeenshire. His conduct in this war, his 
capture at Preston, and his long imprisonment in the Marshalsea are 

I Fnmcefl, fiuniliarly Fanny, married 15th Deotmber, 1761, "Aleiaader DooaidaoB, 
Physician and Professor of Medicine and Oriental languages in the Marischal College* Aberdeen." 
She had a literary turn of mind and wrote verses, some of which have been preserved. 

a On John's aooession to the Estates (1694) a long count and reckoning had to be made with 
the Cuiators of his brother for their intromissions during the 13 years they had had the manage- 
ment of the property ; and new Curators had to be appointed, he himself being still in nonage. 
On this latter matter we have the following .-- 
" Curatoiy--5th Oct i6^-~ 

Edict of Curatorie at instance of John Faiquhanoo now of Invercauld— 
agst. 
John Farqrson of Rivemie, 
John Farqrson of Fortrie, 

nearest of kin on Father's side ; 
Lachlan Macintosh of Torr Castle» 
Macintosh of Detrie, 

nearest of kin on Mother^s side. 
Curators appointed [for John Farquhanon] : 

Sir John Forbes of Craigyvar, 
WiUiam ErsUne of Pittodrie, 
Charles Gordon of Blelack, 
Francis Farqrson of Finsean, 
John Farqrson of Fortrie, 
Aleir. Farqrson of Mounie." 



GENEALOGY OF THE CLAN FARQUHARSON. 1 5 

scarcely referred to in the papers ; but the facts of history, and the 
numerous petitions presented for his pardon and release present his 
character as that of a brave, good, and honourable man. In the breathing 
time between the settlement of the '15 and the beginning of the rising in 
the '45 Invercauld found time amid the business incident to the manage- 
ment of his large estates — ^which he superintended personally — ^to engage 
in several commercial enterprises, chiefly in the shipping and fisheries of 
the burgh of Aberdeen. Besides his interest in most of the Aberdeen 
commercial enterprises he was made a Burgess of Inverness 27th July, 
1720 ; and the same year he also received the freedom of the city of 
Perth. In 1728 he was made a free Burgess of the towns of Stirling and 
Queensferry. The documents conferring these distinctions with their 
seals attached are still preserved in Invercauld. When the Highlands 
were again convulsed by the rising under Prince Charles Edward, Inver- 
cauld, though too wise to engage in it, suffered much from the plundering 
of his mansion, the spoiling of his goods and gear, and the exactions laid 
upon his tenants by the rebels, while he himself had to flee from his 
country residence, first to Aberdeen and then to Leith, to escape being 
made a prisoner by them. 



Although the genealogical information of (7., D.^ E., and F. ends, 
as stated, with the year 1707, C. has an addendum, copied by the others, 
which may be here inserted. The writer had evidently Jacobitical 
proclivities : — 

" Donald F. of Monaltrie (Donald Og) Colonel of a Regiment of 
Foot joined the Marquis of Huntly at the Bridge of Dee, and after the 
Marquis of Montrose. He was killed in the King's Service at Aberdeen, 
and was succeeded by William F. of Inverey who had been formerly 
Lieutenant Colonel and was with the Regiment at the Battles of Aber- 
deen, Oldeam, Alford, Kilsyth, and after joined the Earls of Glencairn 
and Middleton, and in short this Clan have upon all occasions signalised 
themselves in assisting the right of the lawful Heirs of the Crowa 
Colonel Finlay Farquharson brother to John of Invercauld (the 2nd 
lineal successor to Finlay More) went with the Duke of Buckingham in 
that unsuccessful Expedition to the Isle of Rye in France for the relief of 
the Protestants, and (hereafter was killed at the head of a Regiment 
fighting for his Prince at Worcester." 



CONTINUATION OF GENEALOGY 

AS CONTAINED IN A. AND B., CHART AND TREE. 

« lO. JAMES. 

"James Farquharson of Invercauld married i. Amelia, daughter of 
Lord George Murray, widow of Lord Sinclair. 2 Mai^aret, daughter 
of Carr of Ettal and widow of General M*Kay." 

'* Lord Sinclair was twice married, first as Master of Sinclair in 
August, 1733, to Lady Mary Stewart, Countess Dowager of Southesk,* 
daughter of the fifth Earl of Galloway ; and secondly, 24th April, 
1750, seven months before his death, to Amelia, eldest daughter of 
Lord George Murray, the chivalrous commander of the Highland 
army of the Pretender, and sister of the third Duke of Athol, but had 
no issue by either." — Scottish Nation, Lady Sinclair was then a young 
widow without encumbrance the year that young Invercauld lost his 
father and succeeded to the estate. He was then in the 28th year of 
his age. There is reason to believe that his marriage took place some 
time in the year 1753. The issue of it is best gathered from the 
inscription on a marble tablet in the Invercauld aisle in the Braemar 
Churchyard, which is as follows : — 

" Sacred to the memory of john farquharson, of Invercauld, who died in 
1750. Sacred also to the memory of james farquharson, of Invercauld, his 
son, who died 24 June 1805 ; and Amelia, Lady Sinclair, his spouse (daughter 
of Lord George Murray) who died in 1779. They had eleven children, all of 
whom, with the exception of the youngest, Catherine, died before them, mary, 
MATILDA, JANE, JOHN, and GEORGE lie interred with their parents in the ground 
adjoining ; charlotte, at Amhall ; and fanny, at Lisbon ; and Amelia, Mar- 
garet, and ANN, in the burying-ground. North Leith." 

The following is a copy of an inscription for Invercauld's monument 
in Leith Churchyard : — 

" North Leith, May 1820. 
"This Burying Ground is the property of the Family of Farquharson of 
Invercauld* 



GENEALOGY OF THE CLAN FARQUHARSON. 17 

Within these walls are deposited the remains of Margaret farquharson, 
who died in 1773 aged 14 years; amblia who died 2nd January 1780 aged 12 
years — Daughters of James Farquharson of Invercauld and the Right Hon. Lady 
Sinclair. — Also anne, Lady Mlntosh, who died in 1787 aged 64 years; and 
MARGARET who died in 1784 aged 58 — daughters of John Farquharson of 
Invercauld.^' 

" When married to Mr. Farquharson, Lady Sinclair found great idle- 
ness and misery throughout Deeside ; and the primitive plan was in use 
of spinning lint on the distaff, and winding wool on the big wheel. The 
little spinning wheel, though common in most parts, was unknown in the 
district ; and about 1755 she applied to the Board of Trustees to aid her 
in procunng small wheels, and a mistress to teach spinning. After much 
labour and opposition to her scheme by those who were to be benefited 
by it, and the awarding of premiums to the more expert scholars, she 
ultimately succeeded so well that there were no fewer than 129 unmarried 
women and little girls who received premiums on ist January, 1763 , and 
the quantity of linen yam then brought to Invercauld for inspection by 
Lady Sinclair was supposed to be worth at least £100 sterling. She also 
gave a great impetus to cattle rearing and to the cultivation of dairy pro- 
duce, which are now of such importance to the district." — Old Statistical 
Account. 

While Lady Sinclair was thus promoting the welfare of her tenants 
and neighbours, her husband was no less zealously employed in improv- 
ing his property, which, by a survey made soon after his death, was 
estimated to extend to 25,000 acres in Perthshire and 110,000 in 
Aberdeenshire. His most permanent improvements were the making of 
roads and planting of timber. He is said to have sold to the amount of 
if 16,000 sterling of natural grown timber, and to have planted more than 
a million and a half of Scotch firs and larches on his Deeside estates.^ It 
is a remarkable fact that his father and he, occupying together the estate 
for the long period of 1 10 years, increased its value by close on a hundred 
fold, comparing the value in 1696 (Poll Book) with that of 181 1. 

I This estimate whs made several yean before Mr. Farquharson's death ; and there are 
accounts which show that he £» exceeded, if he did not more than double the number here 
specified, and deservedly earned the gold medal-^stiil preserved at Invercauld— awarded to him 
hf the HigUand and Agricultural Society as the most extensive and suocesslnl cultivator of forest 
timber in the country. 



l8 RECORDS OF INVERCAULO. 

His second vrife, the date of whose marriage to him is not ascer- 
tained, was also a widow of wealth and a considerable benefactor to the 
estate. She built the wing in which were the billiard and drawing rooms 
in the mansion house of Invercauld ; and with other improvements in the 
policies, she constructed a beautiful road or drive long known as ** Carres 
Drive." She was alive in 1796, but died not long after. Her former 
husband, a General in the Dutch service, was a son of the celebrated 
General Mackay, who fought the Battle of Killiecrankie against Dundee. 
She was advanced in life when she married Mr. Farquharson, and but 
little mention is made of her in the Invercauld papers.' 

The Laird's own life was singularly uneventful Of a quiet and 
benevolent disposition, he mingled but little in the gaieties of society or 
in the stir of politics, but bent his energies to the improvement of his 
estate and to the promotion of the welfare of his numerous tenantry. 
Such is the reputation he has left behind him, and such was his character 
as evidenced in the estate papers. His military episode in early life, 
though of short duration and but little known or seldom referred to, had 
some features which displayed the fidelity and truthfulness of his 
character. 

In the month of March, 1745, while the soldiers of the original Black 
Watch were serving abroad in Flanders, three new companies of the 
raiment (then the 43rd, afterwards the famous 42nd Foot) were enrolled 
in the Highlands. One of these — the Mclntoshes — ^was commanded by 
Angus Mcintosh, the chief of the Clan, while his Brother-in-law, Young 
Invercauld, was second in command. These companies, on the outbreak 
in August of the insurrection in favour of Prince Charles Edward, were 
united to the government force under Lord Loudon stationed at 
Inverness. They were here when Sir John Cope arrived on the 29th of 
that month. Two of them — ^the Mclntoshes and the Athole companies 
— with their officers he took with him on his hurried departure for the 
south. In making his arrangements for the battle of Prestonpans, he had 
the humanity to detach these Highlanders from the main army, and 
station them some miles away from the field of battle as a guard over the 
baggage. After the battle they were all of course taken prisoners by the 

I. From John Gordon's letter of 17th Sepr., 1787, it would appear that at that date there was 
00 Mrs. Farquharson of Invercauld. His and marriage must have taken pkce some time after. 



GENEALOGY OF THE CLAN FARQUHARSON. I9 

vtctorous Highland Army. What was the Prince to do with them? 
He had no prisons to put them into, and he could not afford to want 
such a large guard as would be required to keep watch over them in 
unwalled quarters. He therefore took a solemn oath from the officers 
individually that they would not serve in arms against him for the space 
of twelve months to come, and gave them their liberty on this solemn 
pledge being taken. 

It was at Mcintosh's first meeting, after this arrangement, with his 
young and heroic wife, who in the interval had raised the clan for the 
Prince, that the oft-repeated laconic colloquy is said to have taken 
place: — 

Lady Mcintosh — ^** Your servant. Captain." 

Her kusband^^^"^ Your servant, Colonel." 

After which salutations, Anne Farquharson (Lady Mcintosh) was gener 
ally spoken of as " Colonel Anne." 

The officers were thus out on their solemn parole till the Duke of 
Cumberland came into Scotland in the following March (1746), when he 
issued an order to them to meet him at Edinbui^h, and took means to 
compel their attendance. " Incredible as it may appear," says Robert 
Chambers in his History of the Rebellion^ "this prince (Cumberland), 
declaring their oath and parole to be dissolved, commanded them to 
return to their duty in his army, threatening them with the loss of their 
commissions if they refused. A small number — Lieutenant Farquhar- 
son, young Invercauld, and four others — refused compliance, remarking 
that the duke was master of their commissions, but not of their honour. 
But the greater number rejoined their regiments, and served during the 
remainder of the campaign." The duke, doubtless, acted on the German 
military dictum that "no faith is to be kept with rebels" ; while young 
Farquharson, equally firm, acted out the principle of the motto of his 
clan and family — FIDE ET FORTITUDINE — ^and so lost his commission 
and terminated his connection with the army, unless we reckon as military 
service his connection with the '• Royal Scots Archers," which began in 
175 1 and continued for many years. As was to be expected from his 
peaceable disposition, he was more distinguished in civil than in military 
affairs. Having graduated in 1741^ he was the same year — 27th July — 



20 RECORDS OF INVERCAULD. 

admitted a free Burgess of Inverness, and apparently of Aberdeen, and 
two years afterwards (1743) of Perth. The diplomas are still preserved 
in Invercauld. 

Though his public life was calm and uneventful, his family life was 
much clouded by bereavements. Of his eleven children he had laid ten in 
the " mouls " along with their beloved mother. The birth of his eldest 
son, John (3rd August, 1761), was the occasion of much and sincere 
rejoicing over the whole estates extending almost from Dunkeld in the 
south to Tarland in the north ; to be followed too soon after by equally 
sincere sorrow for his early decay and death. His second and only other 
son, Geoi^e, survived a few years longer ; and when he followed his 
brother the hope of male succession was extinguished. 

Had the inheritance been a male fief it would have descended, on the 
death of the old laird in 1805, to William Farquharson of Monaltrie, the 
grandson of his uncle and the nephew of the *^ Baron Ban." Such a course 
of events was averted by the earliest and all succeeding entails being in 
favour of the nearest heir whomsoever, and by the survival of the youngest 
child, Catherine, of whom the genealogical diagram records only the 
name, thus closing the account of the family with the death of James 
Farquharson, Esq. of Invercauld, "the old Laird," in 1806- 



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LINEAGE AND ARMS OF INVERCAULD. 

" To ALL AND SUNDRY whom these presents do or may concern I Sir 
Alexander Erskine of Cambo Knight and Baronet Lyon King of Arms 
considering that by the twentie first Act of the third session of the second 
Parliament of King Charles the Second of ever blessed memory I am 
impowered to visit the whole Arms of Noblemen, prelates, Barons, and 
Gentlemen within this Kingdom and to distingfuish them with congruent 
differences and to matriculat the same in my books and registers and to 
give arms to virtuous and well deserving persons and Extracts of all 
arms expressing the Blason thereof under my hand and seall of office 
which Register is by the said Act ordained to be Respected as 
the true and repealable Rule of all arms and bearers in Scotland to 
remain with the Lyon Office as the publick register of the Kingdom, 
Therefore conform to the tenor of the said act of Parliament I testifie 
and make known that the Coat Armor appertaining and belonging 
to John Farquharson of Invercauld lawfully descended of Shaw son to 
McdufTThane of Fife whose successors had the name Shaw untill Farquhar 
Shaw son to Shaw of Ratirmucus chief of the whole name came to be 
called Farquharson about ten generations ago and approven of and con- 
firmed by me to him Is matriculat in my said publick Register upon the 
day and date of these presents Two Coats quarterly First and fourth or 
a Lyon rampant Gules armed and languid azur as the paternal Coat by 
the name of Farquharson, Shaw or McdufT Second and third Ai^ent a 
Fir tree growing out of a mount in base seeded proper on a chief gules a 
Banner of Scotland displayed as a canton of the first charged with a 
dexter hand couped at the wrist fiss ways holding a Dagger point down- 
wards of the Chief The name having the Fir tree from an ancient 
custom of Bearing twigs of Fir for their sign and badge in time 
of Battell. The Banner from Findlay Mor of Invercauld one of their 
predicessors being killed at Pinkie field bearing the royall Banner and 
who lyes Buried in the churchyard of Inveresk and the canton hand and 
dagger from another of their predicessors called Shaw of Retimurcus his 
killing Cuming of Strathbogy at a place near to Badzenoth named from 
that lag : an : cominich idest [id est] Cumings hole or grave on a helmet 
befitting his degree with a mantle gules doubling argent and wreath of 
his colors Is sett for his crest a Lyon ssuant gules holding a sword in the 
dexter paw proper hilted and pommelled or The motto in an Escrol above 
Fide and fortitudine which coat above blasoned I declare to be the said 
John Farquharson of Invercauld his coat and bearings In testimony 
whereof I have subscribed this Extract and caused append my seal of 
office hereto Given att Edinburgh the fifteenth day of July and of the 
Reign of our sovereign Lord King William the ninth year 1697. 

ALEXR. ARESKINE. Lyon." 



INVERCAULD ESTATE PAPERS. 

ABERARDER.« 

The lands mentioned in this valley were amongst the earliest 
acquired (beyond the old Barony of Invercauld) by that family in virtue 
of a contract of sale previously entered into and followed by 

" Feu Charter in implement thereof from John Earl of Mar, with 
consent of his son, to Thomas Erskine of Balagarty of one Davock and 
two oxgates (or \ Davock) of the lands of Aberarder comprehending the 
eight oxgates of Ballemoir, and 5 oxgates of Ballachlaggen and 5 oxgates 
Land of Stranvelle &a, dated 28th September 1632." 

This was followed by a Feu Charter of the whole lands in the same 
year, as also a Feuhold, or 

** Tack for twenty one times 19 years from Lambas 1632 of the 
Teinds of the said Lands and others comprehending in whole the Teinds 
of the Lordship of Cardross from the said Earl and his son to the said 
Thomas Erskine dated 20th September 1632." 

The adjoining lands with the teinds had been previously disposed 
of by the Earl, with consent of his son, to Robert Farquharson of 
Finzean, by deeds dated 22nd and 25th August, 1632. 

These tenures were afterwards granted by the said Thomas Erskine 
to Robert Farquharson of Cloak, now Glenmillan, a property in the 
Parish of Lumphanan. Though styled of Cloak, this Robert was the 
Laird of Invercauld. The deed is dated 26th June, 1633, and is followed 
by the legal instruments. 

The lands and tack of tiends held by Finzean in Aberarder were 
disposed of by him to the said Robert Farquharson of Aberarder (the 
same who is otherwise styled of Cloak and Invercauld) by deed dated 
27th June, 1635. The transaction was confirmed by a charter from the 
Earl of Mar dated 17th July, 1635, and followed by sasine in 1636. 

It is probable that the Finzean property in Aberarder was excambed 
for the property of Cloak. 

I A ade ralley branching off to N. W. from Mill of Inver. 



ESTATE PAPERS : ACHALLATER. 2$ 

The Aberarder properties mentioned in the above writs were of 
small extent, and situated mostly to the west of the stream which drains 
the valley. 

Invercauld settled these lands on his second son, Alexander, by deed 
dated 8th April, 1658. A note on the margin bears : — 

" Quarter of the Town and Lands of Baltmoir in Aberarder still 
vested in Robert Farquharson in 1636, who was grandfather to John 
Farquharson of Invercauld." 

The teinds of the adjoining lands had been granted by the Earl, with 
consent of his son, to the said Robert Farquharson for twenty-one times 
nineteen years. The deed is dated 22nd August, 1632. 

The said Robert Farquharson of Finzean disposes of the said lands 
and others in Aberarder to Robert Farquharson of Aberarder in June, 
1635. This Robert of Aberarder is Robert of invercauld referred to in 
the maiginal note. 

This disposition is confirmed by a charter by the Earl of Mar to the 
said Robert Farquharson of Invercauld, dated 17th July, 1635, and sasine 
follows thereon 1636. Long after, we have : — 

"Instrument of Sasine in favour of John Farquharson of Inver- 
cauld son of Alexander Farquharson and Grandson of the said Robert 
Farquharson of Cloak or Invercauld or Aberarder and Ballimoir prooeed- 
ing on a Precept of Clare Constat from John Earl of Mar, dated i8th 
June and Registered at Aberdeen the 13th July 1709." 

ACHALLATER. 

" Feu Charter by John Earl of Marr with consent of John, Lord' 
Erskine, his eldest son, to John Grewar in Achalater and Isobel 
Farquharson his Spouse in Conjunct fee and Liferent, and Donald 
Grewar their second son and his heirs and successors in fee of All and 
Haill the parts and portions of the Town and Lands of Achalater before 
described — Feu duty 4J Scots payable at Whitsunday and Martinmas 
and doubling the said feu duty the first year of the Entry of every heir 
to the said Lands, contains various personal services which will now fall ^ 
to be converted. Dated 28th Septemr 1632." 

<' Instrument of Sasine following thereupon in favours of the said 



24 



RECORDS OF INVERCAULD. 



John Growar and Isobel Farquharson and Donald Growar for thdr 
respective rights and Interests aforesaid Dated nth and Recorded in 
the Particulair Register of Sasines kept for the County of Aberdeen the 
22nd day of October 1632." 

" Precept of Clare Constat by John Kerrie of Gogar as having 
come in place of the Family of Marr, In favour of Donald Growar 
Portioner of Auchallater for infefting him in the parts and portions of the 
lands of Auchallater and others above described as heir of Donald 
Growar above mentioned, his Father — Feu duty and other prestations 
(same as in former charter). Dated nth January 1693." 

" Precept of Clare Constat from James and David Erskines for 
Infefting Alexander eldest son of the said Donald therein, dated 4 
March 1726." 

Sasine, dated 7th, and registered at Aberdeen 27th May, 1726, 
follows. Adam Grower resigns in favour of his son Alexander, 4th 
February, 1760. 

" Draft Charter in favour of the said Alexander from William, 

Lord Fife." No date. 

** Minute of Sale in the form of a Disposition between Alexander 
Growar, the lineal descendant of Donald Grower, and James Farquharson 
Esq. of Invercauld, whereby the said Alexander Grower conveyed and 
disponed to the said James Farquharson the parts and portions of the 
said Lands of Achalater above described, which minute of Sale contains 
obligations on the Seller to complete all necessary Titles in his person 
and grant Disposition thereof in favors of the Purchaser. It further 
contains Precept of Sasine Dated 8th and 13th August 1777 years 
and Recorded in the Books of Session 24th March 1778." 

The Growers, however, were only portioners of Achallater, as 
appears from the following docket : — 

" Charter of said Lands by James Erskine of Grange and David 
Erskine of Dun in favors of David Erskine in Auchallater dated the 4th 
day of March 1726." 

Sasine and Precept of Clare Constat followed thereon. The said 
David Erskine, with consent of relatives, makes over the lands to 
Alexander Erskine, son of Duncan Erskine, 4th March, 1726, and 
Sasine follows thereon. The next notice of these lands is the 
followin^^ : — 



EST At E PAPERS: ACHALLATER. 2$ 

•'Disposition of said Lands by John Erskine in Knock 
Portioner of Achalater with Consent of Grizel Shaw his spouse in 
favour of the said James Earl of Fife, Dated I2th February 1773 and 
ratified by the said Grizel Shaw the same day." 

The Earl only completed his title to these lands when he disposed 
of them in the following manner : — 

" Missive by the Right Honourle The Earl of Fife addressed to 
Mr. William Thorn, Advocate in Aberdeen Doer to James Farquharson 
of Invercauld Esquire, wherein the Terms of the Transaction and Sale to 
Invercauld are narrated, and his Lordship adds, ' Upon these terms you 
may rely upon my granting the necessary Writs to Invercauld with 
conveniency and for that purpose shall lodge the necessary papers with 
Mr. Duthie. In order to his making out the proper writings, you will 
therefore please pay in the meantime to the bearer, Mr. James Gordon 
£2^. 13. 10. Stg., and his Receipt shall be sufficient to Invercauld and 
binding accordingly upon. (Signed) Fife' Dated i8th December 
1773." 

Annexed to this missive there is an acknowledgment by Mr. James 
Gordon, dated 22nd December, 1773, 

"For the sum above mentioned being the price with Interest and 
Expences stipulated to be paid for the said Lands Money " ; and with the 
above papers the following unexecuted Deed was found : — 

" Disposition of the above mentioned Lands of Achallater by the 
Earl of Fife to James Farquharson Esquire of Invercauld, unexecuted." 

A curious document follows, which, however, does not seem ever to 
have been acted upon. 

" Dischai^e and obligation by James Farquharson Esqr. of Inver- 
cauld in favors of The Earl of Fife, whereby Mr. Farquharson renounces 
the servitude upon the woods of Marr eflfering to the said Lands of 
Achallater above described and obliges himself in the event of his 
purchasing the remainder of the Lands of Auchallater to discharge in 
like manner the said servitude effering to these Lands. Deed not 
executed." 

Although the Grewars, one of the oldest families connected with 

Braemar, had long been in possession of a portion of the lands of 

Auchallater, the above receipted deed seems to have been the first written 

Charter granted them by the Earl of Mar, their Lord Superior. They 

P 



26 RECORDS OF INVERCAULD. 

were thus in legal possession of these lands from 28th Septeaiber» 1632, 
to 13th August, 1777, nearly 145 years ; but long before the former date 
they held possession by the old form of tenure. 

It is somewhat singular that, though the Precept of Clare Constat of 
1693 is given in favour of Donald Grewer, no proprietor of that name 
appears in the Poll Book of 1696. The lands are there represented as 
held by Erskines, scions of the house of Mar. The last writ is a 

" Disposition from James, Lord Fife to Mrs. Catherine Farquharson 
of the said Lands of Erskines Achalater containing Procuratory and 
Precept, dated isth Augt. 1808." 

In the Mar charter of 1 564 the property is thus entered : — 

" Terras de Auchinquhillater extendentes annuatim ad viginti sex 
solidos octo denarios firme quartam partem marte suum muttonem 
quatuor lie reik hennis pro areagiis et careagiis sex solidos et in quin- 
quennio tres libras sex solidos octo denarios gressume/'< 

AUCHOILZIE, GLENMUICK. 

The earliest paper relating to this estate is thus noticed in the 
Invercauld repositories : — 

" Disposition by William Eraser, Craigtown, with Consent of Jean 
Lumsdaine, his spouse, In favor of Charles, Earl of Aboyne, Lord 
Strathavin and Glenlivet whereby they dispone to him for a certain sum 
of money All and haill the Town and Lands of Aucholzie, Haugh thereof 
Stodart croft and Bellino with the pertinents of the same lying within 
the Parish of Glenmuick and Sheriffdom of Aberdeen to which they had 
right by contract of Wadset past between them and George Marquis of 
Huntly, and which lands were redeemable on payment of £3000 Scots, 
the sum advanced by them to the said Marquis." This disposition is 
dated 13th of December, 1667. 

These lands had been in the possession of the Gordon family since 
their acquisition by the first Earl of Huntly about the year 1447. The 
Marquis here referred to was the fourth of his family who had borne that 
title. His lordship was elevated to a dukedom, that of Gordon, on 
the 1st November, 1684, and died in 1716. The Wadset must therefore 

I. There is an old Tack of the Temds of Uie lands of Achallater, almost iUegible, and 
not referred to in the boand Record, by John, Earl of Mar and his son, Lord Erskine, to Patrick 
Mclnlish (Mcintosh?), 153a. 



ESTATE PAPERS: AUCHOILZIE. 2/ 

have been let to the Lumsdens some time after 1653, when his lordship 
succeeded to the estates, but probably not before the Restoration in 
1660 ; so that they had not been long in possession. It was not long, 
however, till the Earl of Aboyne reset them on Wadset, as appears from 
the following : — 

"Contract of Wadset betwixt John Gordon of Rothiemay 
Tutor Testermenter to Charles Earl of Aboyne and Andrew Fraser of 
Kinmundie on the one part, and William Stewart lawful son to Thomas 
Stewart of Auchorachan on the other part whereby the said John Gordon 
and Andrew Fraser dispose to the said William Stewart and his heirs 
and assignies for payment of jf 3000. Scots, All and Haill the Towns and 
lands of Aucholzies, Upper and Neither Auchnacraig, Stodartcroft, 
Bellino and the haugh of Aucholzie and pertinents lying within the 
Parish of Glenmuick and ShirefTdom of Aberdeen, redeemable by the 
Earl of Aboyne on payment of ;f 3000 Scots money dated 23rd May, 
1681." 

There follows an " Instrument of Sasine in favours of the said 
William Stewart in the forsaid Lands under the hands of John Gillanders, 
Notary Public, dated 26th May, 1681." 

Following this there is " INSTRUMENT OF Sasine in favors of said 
William Stewart proceeding on a Disposition granted to him by James 
Gordon of Bellino and Janet Watt his spouse in the half of the haugh of 
Aucholzie and in the Town and lands of Bellino, Together with that 
pendicle of the Town and Lands of Aucholzie formerly possessed by 
James Murray alias Dow, and also that portion of the said Town and 
Lands of Aucholzie next adjacent to the Lands of the said James Murray 
extending to seven marks mailing yearly with pertinents lying within 
the parish of Glenmuick and Sheriffdom of Aberdeen." " This Sasine is 
under the hand of John Gillenders, Notary Public, and dated the 26th 
May 1681." 

The following document refers to a subsequent arrangement : — 

" Disposition by Charles Earl of Aboyne in favours of the said 
William Stewart son of the said Thomas Stewart of Auchoilzie, son of 
Thomas Stewart of Auchorachan narrating the Contract of Wadset 1681, 
Whereby for the sum of 2500 merks Scots and for the sums formerly 
advanced he Disposes to the said William Stewart, his heirs male and 
assignees whatsoever irredeemably. All and Haill the Towns and lands 
of upper and Neither Auchoilzies, Auchnacraig, Stodartcroft, Bellno and 
the haugh of Aucholzie with the pendicles thereof called Gainderg 
Caimray, Boginroll, Claskmirick and Bonwin with the pertinents lying 



2d RECORDS OF INVERCAULD. 

within the parish of Glenmuick and SheriflTdom of Aberdeen ; as also the 
Milne and Milnetown of Glenmuich, milne Lands thereof astricted 
multures sucken and knaveship of the Towns and Lands of Auchoilzie, 
Toldow, Altownrie, Belindorie, Stodartcroft, Blackharage and other duties 
and services thereto used with the shealings pertaining thereto called 
Camtorrarie and Moss sixeklike belonging to the same in Craigivallach 
with the liberty of Fail and Divot and Muckyard in Corrie of Caim- 
tonararie used and wont with the pertinents lying in the parish and 
Sheriffdom foresaid, To be holden feu of the said Earl for yearly payment 
of ;f20 Scots of feu duty and other services. Dated the lOth August 

1699." 

There follows on this : — 

'' Instrument of Sasine in favours of the said William Stewart 
following on the said Disposition under the hands of Francis Moir, 
Notary Public, Dated 13th October 1699." 

The above extracts show the holdings, and give some indication of 
the number of tenants on the estate of Auchoilzie at the close of the 
17th century. In the Poll Book of nearly the same date (1696) 
Alexander Young, as tenant of Bellnoe, seems to have been a man of 
some consequence. In Auchnacratg there were eight tenants, and in 
Acholie six. The proprietor was the William Stewart referred to in the 
above extracts, and the valuation of his property is ;f 120. He and Harie 
Farquharson of Ballatrich were the commissioners appointed to make 
the valuation, and it does not appear that at that date Mr. Farquharson 
of Invercauld held any land within the old parish of Glenmuick. 

The next notice of the Stewart family, who then held the property, 
is thus recorded : — 

" Regd Contract of Marriage between Alexander Stewart 
eldest son of William Stewart of Aucholzie with consent of his said 
Father, and Anna Gordon only daughter of Robert Gordon of Corse, 
whereby the said William Stewart sells to the said Alexander Stewart 
and Anna Gordon and the longest liver of them two in Conjunct fee and 
Liferent, and the heirs male of Sie said Marriage All and haill the foresaid 
Lands and pertinents, dated the 9th July 17 14 and Regd the 4th April 
1719." 

There follows : — 

*'BOND by William and Alexander Stewart of Auchoilzie to 



ESTATE PAPERS : AUCHOILZIE. ^9 

Duncan Grant in Wester Lellach (Kellogh) for the sum of 300 merks, 
dated Sth Septr 1722 with Interest from Martimus thereafter payable 
against Martinmas 1723." 

From the following entry it would seem that William Stewart had 
died in 1727 : — 

"Confirmed Testament by the said Euphane Farquharson, 
Executor confirmed before the Commissary of Aberdeen to the said 
William Stewart her husband, dated i8th November 1727." 

Euphame Farquharson was the daughter of Harrie Farquharson of 
Whitehouse and Ballatarich, and sister of the Harrie Farquharson who 
was slain at Cullodenr Her daughter, Rachel Stewart, grants the 
following assignation : — 

" Assignation by Rachel Stewart, youngest daughter of the said 
William Stewart of the sum of 500 merks To the said Earl of Aboyne, 
dated loth March 1756." 

" Extract of the said Duncan Grant's Testament dative confirmed 
by Robert Grant his eldest son before the Commissary of Miirray 
(Moray), dated 25th July 1750." 

" Assignation by the said Robert Grant of the foresaid Bond and 
confirmed Testament, Dated 5th Deer 1750." 

" Bill drawn by Samuel Gordon in Milntown of Breachly upon and 
accepted by said Alexander Stewart late of Auchoilzie for ;f72. 9. Scots 
— Dated 3rd January 1745 payable upon the 3rd Tuesday of November 
thereafter." 

'* Bond by the said Alexander Stewart to said Samuel Gordon for 
the sum of £100 Scots, Dated 23rd Septembr 1745 with Interest from 
Martinmas 1744 and payable at Martinmas 1745." 

** Assignation by said Samuel Gordon of the last mentioned Bill 
and Bond to James Glass in Inchbobart, Dated 14th December 1749." 

" Assignation of the same bill and Bond by. the said James Glass 
to said Charles Gordon Dated 15th March 1750." 

Previous to this there had been a bond on the property by 
Alexander Stewart to James Gordon on the Croft of Broghdow for the 
sum of 200 merks, Dated 24th September 1745 payable upon nth 
November thereafter with Interest firom Martinmas 1744. This bead the 



30 RECORDS OF INVERCAULD. 

said James Gordon assigns to the above named Charles Gordon, dated 
15th March 175a 

Then follow :— 

"Bill by said Alexander Stewart to John Jamieson in Miln of 
Birkhall for ;&42 Scots, dated 27th January 1743, payable at Martimus 
then next Indorsed by Margaret Jamieson and by her to her husband, 
and by him to said Charles Gordon of Abergeldy." 

"Bill drawn by Charles Farquharson in Auchnar upon, and 
accepted by said Alexander Stewart for 50 merks, dated 14 January 
1744 payable 15 days after date. Indorsed to said Charles Gordon." 

" Bill drawn by said Charles Farquharson (of Breda) upon, and 
accepted by the said Alexander Stewart for 50 merks, dated 17th 
January 1745 payable ist March thereafter. Indorsed by said Charles 
Gordon." 

" Bill drawn by said Charles Farquharson upon and accepted by 
the said Alexander Stewart for ;^7oo Scots, dated 17th Januaiy 1745 
payable at Martimus thereafter, Indorsed to said Charles Gordon." 

A bill by Samuel Gordon of date 14th December 1749 had been 
accepted by James Glass, and had become due the following year. 

The result of the numerous bill transactions of the same character 
from 1743 to 1745 was that the laird, William Stewart, was hopelessly a 
bankrupt, and so took part in the Jacobite Rising of that year. 

Financial difficulties were, however, crowding on the family, as is 
shown by the following entry : — 

"General Charge to enter heir The Earl of Aboyne s^inst 
James Stewart' of Auchoilzie only son of James Stewart immediate 
younger Brother of the deceast Alexander Stewart last of Acholzie, 
and heir male of William Stewart of Aucholzie his grandfather, dated the 
i8th and signeted the 19th days of November 1756 with two executions 
on the back." 

Charles Farquharson of Breda, a grandson of the fore-mentioned, was 
factor on the Invercauld estates, and in his time well known as *'the 
Factor Mor." A daughter of his was so much esteemed for her beauty 

I. The foUowing marginal pencil note is added to the above :~ 

*' This James Stewart, consin-gennan to Breda (a fiimily long and intimately connected with 
the administiation of the Invercauld estates) was &tber to Charles who went to Grenada." 



ESTATE PAPERS: AUCHOILZIE. 3 1 

and amiable manners that she was called *' the Rose of Ballater." Her 
father was liferenter of Cluny Cottage, nearly opposite Invercauld on the 
south bank of the river Dee, of which he is sometimes, though erroneously, 
styled proprietor. She died in Ballater, where her father had a house ; 
and it was long remembered that the funeral procession, one of the 
largest then witnessed, crossed the river Dee on the ice in January, 1806, 
at the time when the new bridge was being built 

" Decreet of Adjudication at the instance of Charles Eari of 
Aboyne against James Stewart of Auchoilzie and grounds thereof." 

" Bill drawn by John Michie lawful son of John Michie sometime 
in Corriehoul upon and accepted by Alexander Stewart of Auchoilzie for 
the sum of 2000 merks, dated 25 April 1745 payable last Tuesday of 
November 1747." 

"Confirmed Testament by James Michie in Glenfindrie as 
Executor Dative qu& nearest of kin to the said John Michie before the 
Commissary of Dumfries, dated the 4 September 1750." 

" Assignation by the said James Michie as Executor to the said 
John Michie his Brother of the said Bill and Confirmed Testament, To 
Charles Gordon of Abergeldy, dated i6th March 175 1/' 

After these obligations had been transferred from one to another of 
Auchoilzie's creditors, there is the following entry : — 

''Assignation by the said Charles Gordon of Abergeldie of the 
whole Bonds Bills and others above written to Charles Earl of Aboyne, 
dated 26 December 1753." 

Then follows : — 

" Assignation by Margaret Stewart only child of the said deceast 
Alexander Stewart of Auchoilzie of the sum of 4000 merks provided to 
her by her Father's Contract of Marriage to the said Earl of Aboyne, 
Dated loth February 1755." 

From the above it appears that Alexander Stewart of Auchoilzie 
died in the year 1754, leaving an only child, Margaret, the inheretrix of 
a much dilapidated estate. 

This is followed by : — 

" Decreet on the passive Titles, dated 29th June 1757, obtained at 
the instance of the said Charles Earl of Aboyne against the said James 



32 RECORDS OF INVERCAULD. 

Stewart Grandson of William Stewart proceeding on the grounds of debt 
before mentioned." 

Then follow :— 

" Letters of Special Charge at the instance of the said Charles 
Earl of Aboyne s^ainst the said James Stewart Grandson of William 
Stewart, dated the 25th and signeted 26th August 17S7, with one 
execution on the back and another on a paper apart ;" 

and next year 

"Decreet of Adjudication, dated the i8th January 1758, ob- 
tained at the instance of the said Charles Earl of Aboyne against the said 
James Stewart grandson of William Stewart proceeding on the grounds 
of debt before mentioned and adjudging the Lands of Auchoilzie and 
others foresaid in payment of the several accumulate sums therein 
specified extending in whole to the Total accumulate sum of ;^i9,89i 
Scots money with abbreviate of the said decreet of Adjudication, duly 
recorded the 24th February 1758." 

Following on this, there is a bundle of papers marked as follows : — 

" Principal Disposition, dated the 4th April 1758, granted by the 
said Charles Earl of Aboyne to John McKenzie, W.S., of the foresaid 
Lands of Auchoilzie and Decreet of Adjudication and grounds/* 

From a marriage contract of date 4th June, 1701, it appears that 
William Stewart of Auchoilzie had married Euphame Farquharson, 
daughter of Harry Farquharson of Whitehouse. On the margin opposite 
the lady's name there is this pencil note, " My grand aunt," and opposite 
the gentleman's, " Breda's grandfather, Andrew Farquharson, married to 
a daughter ... of which marriage was Charles, Breda's father." 

These notes prove that the writer was Peter Farquharson, the father 
of the late Andrew Farquharson of Whitehous^, in Tough. This Peter 
was long trustee on the Invercauld estates, and much consulted as to 
their management For further particulars see Jervise's notes and 
" Aberdeen Journal." 

"Confirmed Testament by James Forbes son to Alexander 
Forbes Executer Confirmed to his said Father before the Commissary 
of Aberdeen the 2nd October 1755." 

" Contract of Marriage between John Schaw in Luibmore and 
Helen Stewart third daughter of the said William Stewart, Dated 13 
July 1726, wherein she assigns to him 600 merks." 



ESTATE PAPERS: AUCHOILZIE. 33 

"Confirmed Testament by Ann Schaw Daughter of the said 
John Schaw Executer Confirmed to her said Father before the Com- 
missaries of Aberdeen 4 March 1755." 

" Assignation by the said Ann Schaw and Donald Cumming her 
husband of the foresaid 600 merks and Confirmed Testament to the said 
Earl of Aboyne, Dated 3rd December 1755." 

" Contract of Marriage between Francis Ross Miln of Dinnet 
and Isobel Stewart daughter to the said William Stewart wherein was 
assigned by her to him 600 merks, dated 3rd February and Registered in 
the Commissary Books of Aberdeen 12th November 1755." 

"Confirmed Testament by the said Euphame Farquharson 
Executer Confirmed before the Commissary of Aberdeen to the said 
William Stewart her husband, dated i8th November 1727." (p. 32.) 

The Earl of Aboyne ultimately became proprietor of the lands of 
Auchoilzie in consequence of the debts due to him by the last proprietor. 
The James mentioned in the general charge (p. 30), as appears from the 
following : — 

" Inventory of the progress of Writs and Evidents of the Lands of 
Auchoilzie and pertinents disponed of by The Right Honourable Charles 
Earl of Aboyne to James Farquharson Esquire of Invercauld, 1766," 

was the last Stewart of Auchoilzie. The lands passed in the above year 
to the Invercauld family, and were incorporated with their estates, and 
finally sold to the late Sir James T. McKenzie, Bart. 

The following correspondence is quoted with the view of showing 
how exact proprietors then were in disposing of their lands, and how two 
such sensible owners as the Earl of Aboyne and Farquharson of Inver- 
cauld could arrange an adjustment of their marches and excambion of 
their lands : — 

" Coppy Missive Letter Invercauld to the Earl of Aboyne anent 
Excambion of Islands 1765." 

" My Lord, 

Being desirous as far as lies in my power to 
remove betwixt us and our Families all those differences and disputes 
which intermixt properties often occasions : In consequence of the agree- 
ment your Lordship and me came to on the thirteenth current, after 
having viewed witth this ameciable and friendly intention the following 



34 RECORDS OF INVERCAULD. 

subjects; I hereby dispone to yov and your Heirs and assigneys 
irredeemably, The Island Derg Toldow presently possessed by John 
Michie my tennant in Toldow, lying on the south side of the water of 
Muick ; in exchange for the Island of Balnoe presently possessed by John 
Gray your Lordship's tennant in Balno ; and also the Island Derg 
Altonrie presently possessed by John Small and your other tennants in 
Altonrie both lying on the North side of the water of Muick ; and which 
by your HoUc^^ph Missife to me of this date, you have disponed to 
me my Heirs and Assignys in exchange for the above mentioned Island 
Derg Toldow ; and whereas there are growing Birch and Aller wood ; 
upon each of the subjects now excambed between us ; but that each of 
us shall sell and dispose of the whole woods of whatever kind presently 
growing on these excambed subjects, in the same manner, as if no such 
excambion was made. I therefore agree that your lordship shall have 
one full twelvemonths from this date to cut and carry away the whole 
wood presently growing on the two above mentioned Islands of Balnoe, 
and Dierg Altonrie ; and to oblige myself within the above space of one 
twelve month, to cut and carry away the whole woods presently growing 
on the said Island Derg Toldow, and whatever part thereof shall remain 
uncutt and not taken away, at the experation of the above mentioned 
space of one Twelve month from the date hereof, I hereby agree shall 
become your Lordships property in all time coming together with the 
whole stoll of wood on the above mentioned Island of Derg Toldow, We 
having screed that from and after the expiration of the above mentioned 
space of one Twelve month from the date hereof ; the whole stooll of 
wood, shall reciprocally follow the excambed subjects, in all time here- 
after ; and it is acknowledged by your Lordship at this date that the 
property of the whole wood growing or to grow on Eland Euowan, or 
Lamb Island, is and shall be my property in all time coming. The 
ground thereof being in terms of the agreement we are now come to, To 
remain in commonty and common pasturage betwixt your tennants of 
Balnoe and my tennants of Toldow and Tombreck. I am &c" 

The foregoing is accompanied by a similar document docketed : — 

" Coppy Missive Letter The Earl o£ Aboyne to Invercauld, anent 
excambion of Islands, 2765/' 

which is mutatis mutandis the same verbatim with the exception that his 
Lordship adds, 

^ I likewise renounce all right and title to the small Island opposite 
to Dalchropach which I declare to be solely your property." 

The following also shows how particular proprietors were in 
arranging for the few March dykes which then b^an to be built ; — 



ESTATE PAPERS : AUCHOILZIE. 35 

" These do certify and declare that I Donald Gordon in Mains of 
Aucholzie did measure upon the Twenty fourth day of October 
seventeen Hundred and sixty five years — Three Hundred and eighty 
eight Ells of the dyke of BoginroU built by Invercauld including Thirty 
four Ells or sixty eight Ells half built by ^e Earl of Aboyn, as also that 
Invercauld is due the said Earl for drawing the whole stones that built 
the last mentioned Sixty Eight Ells, and the same is attested by me at 
Mains of Aucholzie this Sixth day of December Seventeen Hundred 
and sixty five years 

Donald Grant." 

The inconvenience and strife caused by the want of fences is well 
illustrated by the following missive : — 

'* These are ordering and empowering you the tennants of Dallyfour, 
to House and peynd the sheep of the Muirton Easter Aurdmenach 
Clashkonack and Miltown of Braikly, if the tennants of these towns do 
not keep their sheep of the property of your possession. This you are to 
do as you shall be answerable to me 

(So signed) 

Charles Gordon. 

Abergeldie 9th Octr 
1762." 

The practice of allowing flocks and herds, after the crop had been 
ingathered, to wander without control continued to a recent date. 

" Memorandum of Marches of the Lands Between the Earl of 
Aboyne and Invercald as now agreed upon by them and to be Inserted 
in the dispositions to be excuted in consequence of the minute of 29th 
August 1765—" 

**The lands of Auchoillie, Altenrie and Blackharage are to be 
described as in the original rights (writs ?) and infefments of these lands 
without variation. 

" The forest of Bracock to be bounded as follows ; beginning on the 
west end of the Forest at the Top of the Hill called Caimtaggart where 
wind and weather shears to the North with part of Invercauld's property 
of Glenbegg, and to the West or thereby with Glencallater (belonging to 
Invercauld) from the Top of said Hill by a straight line to the Head of 
Dow Loch ; along which line it is bounded to the North and East by the 
White Month belonging to Abergeldy ; and along the said Loch to the 
Bum that runs out of the same and along said Burn untill it emptys 
itself into the head of Loch Muick ; and along the said Loch to the 



36 RECORDS OF INVERCAULD. 

Water of Muick which runs out of the same, and allong and down the 
said Water still running Eastward into the Linn of Muick where the said 
Forest is bounded to the East by the property of the Lands of Auchoilie, 
and on the South and South West by Glenmark belonging to the Earl of 
Panmure and by the Glens of Clova and White Water belonging in 
property to the Family of Airly as wind and weather shears betwixt the 
countrys of Angus and Aberdeen." 

** The Marches between Lord Aboyn's Lands of Inchmamoch, Then 
of Etenich (Etnick) and Forest of Glen Tanner which lies to the eastward 
of Invercauld's lands of Bracklie and grassings thereto belonging, are as 
follows : — 

*' Banning on the North at a cairn erected on the south side of the 
Water of Dee dividing Inchmamoch and Glen Mutch, and from that 
cairn southwards or thereby, up the Hill from Cairn to Cairn through 
Glasschony to the sky of Correnervine and from that as wind and 
weather shears to the Cairn of Correnervine and from thence In an even 
line still southward or thereby Crossing The bum of Podlochy to 
Tainkirach and from that up the shank to the Brae breast to the shealing 
of Dalmulachie alias Dalmuchie to the top of the Hill called Knock 
Brander as wind and weatlier shears with Corremealachine, and then 
along by the head of Badlien as wind and weather shears between 
Podlochy and Garchory till you come to the Dog's Cairn and from the 
Dog's Cairn south-westward or thereby from Cairn to Cairn to a Cairn 
set at the joining of the Forkings of the Bum of Altingonner and from 
the last mentioned Cairn down the said Burn untill it runs into the 
Water of Tanner. And from thence up or west a little way untill you 
come to the Inver of the Bum of Aldess, up the said bum untill it 
devides itself into two grains ; and then up the East Grain of said Bum 
to the head thereof; and from thence in a straight line Southward or 
thereby towards the head of the Bum of Down, unto the March of the 
Earl of Panmure's Lands of Glenesk and from thence westward where 
wind and weather shears betwixt the Countys of Angus and Aberdeen, 
until it Join the Forest of Braceo and Kiendrum." 

"Judicial Rental of the Lands of Auchoilzie Altonrie and 
Blackarage. Taken up at Auchoilzie the Fourth day of December 
Seventeen Hundred and Sixty five years." 

" Compeared John Watt in Dubrach who being solemnly swom and 
interrogate depones that he pays of money rent twenty seven pound, four 
shillings Scotch, of multure rent two pound thirteen shilling and four 
pennies Scotch, of school dues three shillings Scotch, and depones that 
he has a tack upon his possession the (Double) of which was produced 



ESTATE PAPERS: BRAICKLY. 37 

by Invercauld which the deponent acknowledges to be exact and this is 
the truth as he shall answer to God. 

(Signed) To. PATTY " 

Sitnilair statements are made by a John Small, John McKenzie, 
Janet Elmslie, widow to David Ogilvie, who cannot write, and a Francis 
McDonald signs for her ; John Gray, Peter Moir, Robert Moir, Alexander 
Gray, another Alexander Gray, Alexander Stewart, James Ker, Alex- 
ander Moris, Donald Smith, Alexander Gordon, James Gray, Francis 
Rioch, Donald Gordon, William Birse, and Jane Roy, who all appear to 
have been at that time tenants on the small property of Auchoilzie, as 
well as four other tenants — Peter Smith, James Calder, another Peter 
Smith, and Donald Smith — and who all with two exceptions make, an 
attempt at signing their declarations. 

The following note is added : — 

" It is agreed betwixt Invercauld and the above named tenants of 
Blackarage that they are to pay the rent of Rienhin during the currence 
of their Tack at the term of Whitsunday, and that they are to pay the rent 
specified in the Tack granted them by the Earl of Aboyn at the term of 
Martinmass, during the lease there mentioned." 

From a jotting of rental for crop 1765, the Earl of Aboyne seems to 
have received for Upper Auchoilzie and for Chapel Croft a rent of 
;^8i 19s. od. Scotch, and Francis Reich £17 3s. 2d. Scotch ; and George 
Gillanders certifies his rent in the following peculiar way : — 

" My judicial rental ; — Money rent, Geo. Gillanders, ;6Si. 9. o," 

which seems to have been the yearly money rental of the whole estate as 
settled by Court ; but the greater part of the rent was paid in kind. 

There is an old Charter, almost illegible, by John, Archbishop of St. 
Andrews, to Mr. James ... of the town and lands of Auchlorks^e, 
dated 1563, which afterwards formed part of the Estate of Auchoilzie. 
The prefixed Mr, denotes that the donee was a clergyman. In this case, 
probably the incumbent of Glenmuick. 

BRAICKLY. 

This property consisted of Braickly, Toldow, Tombreck, DoUyfour, 
and Brochdow, and was held under the Marquis of Huntly. 



38 RECORDS OF INVERCAULa 

The following are the earliest papers in this collection relating 
to it :— 

A bond granted by Abergeldie to Braicklie of date 1605 gives the 
names of William Gordon of Abergeldie and William Gordon of Braicklie 
The former succeeded his brother, Alexander c 1600 ; and the latter is 
the laird to whom the following refers : — 

** Contract of Wadset between William Gordon of Kinarty and the 
Marquis of Huntly whereby the said Marquis Wadsets the Lands of 
Brackly, Balintober and Muirtown, Dalimclag, Balindory, Kuloiss, 
Toldow aiias the shank of Lyndrum, Easter Ardmanach to William 
Gordon for the sum of 3000 merks, dated 17th June 162a" 

This was followed by a Charter in implement, loth August, 1621, 
and Sasine 6th November the same year. The Marquis of Huntly 
afterwards on 20th April, 1638, granted a feu charter to the said William 
Gordon, which was also followed by instrument of Sasine in 1642. 
William seems to have been the first of his family who had a charter of 
the lands of Braickly. There is little doubt that he was in some way 
nearly related to the Abergeldie branch of Gordons ; for not only did 
they take up the cause of his grandson against Inverey, but he appears 
to have been a proprietor of lands of which the lairds of Abei^eldie were 
superiors. We find him accordingly disposing of the lands of Strerritdie 
(Sterrin ?) in Glenmuick by feu charter to George Garrow in 1633. It 
would appear that William Gordon of Kinarty and Braickly died 
between 4th May, 1643, and 31st of July following, as at the former 
date there is : — 

"Dect. of Appraising, Robt Steven against William Gordon, 
Kinarty and Breickly " ; 

and at the latter : — 

" Instrument of Sasine in favour of Margt Forbes, the said 
William Gordon's Spouse for her liferent, and John Gordon, their son, 
in the said lands and others proceeding upon a disposition from her 
husband." 

This John Gordon, son of William Gordon and Margaret Forbes, 
was the '* Baron of Braiklay " celebrated in the well-known ballad, to be 
presently noticed. 



ESTATE PAPERS : BRAICKLY. 39 

In 1656 he grants a charter of Tombreck to Patrick Gordon, 
probably a relative ; and in the following year there is : — 

" Disposition and Assignation from the said Robert Steven to 
John Gordon of Breickly of All and whole the foresaid lands of Breickly, 
Ballindow &c dated 7th May 1657." 

No change in the occupancy of " Braichlie " is recorded for the next 
nine years. The laird had been steadily increasing in popularity and 
influence ; and being a capable man, commissions and oflices of trust 
were by the civil authorities reposed in him. He held his lands not, as 
has been supposed, of the Earl of Aboyne, but of the Earl's nephew, the 
Marquis of Huntly', which ^vas the cause of some jealousy between the 
parties, and probably contributed to the bad feeling which culminated in 
the slaughter of the Baron. 

This sad event caused a great deal of strife, and much corres- 
pondence of a somewhat angry character followed thereon, as well as a 
process at law against the perpetrator, John Farquharson of Inverey, the 
papers relating to which have been examined and reported on by Dr. 
John Stuart in his fourth Report of *'The Royal Commission on 
Historical Manuscripts," part I., pp. 534, 535. 

Dr. Stuart writes : — 

^ Besides the usual documents connected with the transmission of 
the various estates of the family, the collection at Invercauld contains 
many miscellaneous papers of considerable interest in the illustrations of 
Highland history and manners. 

" The following paper preserves the contemporary versions of a tn^ic 
aflfray which occured in Strathdee on 7th Sept. in the year 1666, and is 
commemorated in a local ballad called * The Baron of Braickley.' 
It is entitled ' Memorandum for John Farquharson of Inverey, and 
others, 24 January 1677,' and sets forth that John Gordon of Brackley 
having bought from the Sheriff of Aberdeen The fines exigible from 
Inverey and others for killing of black-fish, the said Brackley made 
friendly arrangements with others, but declined to settle with Inverey ; 
whereupon the latter, being on his way to the market at Tullich, sent Mr. 
John Ferguson, minister of Glenmuick, John McHardy of Crathie, a 

I. The tiansference of the lord-iuperionhip of Braickly and other lands in Glenmuick from the 
Moiquis of Hmtly to the Earl of Abo^e is narrated in the Records of Abtytu^ p. 342 et seq., in 
whidi work is recorded the history of the Barony, as it was designated, previous to the date 
(i6ao) when the Immeanld popen Uke it up. The tntnsference took place 19th Nov., 1676. 



40 RECORDS OF INVERCAULD. 

notary, and Duncan Erskine, portioner of Invergelder, to the Laird of 
Brackly, with the view of representing to him that Inverey and his 
tenants were willing to settle their fines on the same terms as their 
neighbours. These proposals were received by Brackly with contempt, 
and during the time of the communing he gathered his friends and 
attacked Inverey, and having Moused several! shotts' against Inverey *s 
party, the return * shots ' of the latter were in self-defence. The result 
was that the Laird of Brackley with his brother William and their cousin 
James Gordon in Cults were killed on the one side, and on the other, 
Robert McWilliam in Inverey, John McKenzie, sometime there, and 
Malcom Gordon the elder. This is the account of the affray by Inverey, 
but the paper contains that given by the son of the murdered Laird of 
Brackly, and the Marquis of Huntly as one of his friends, which is to the 
effect that Inverey had convoked his people to revenge himself on 
Brackly for putting the law in execution ; diat he came to the house 
of Brackly and required the Laird to restore his cattle which had been 
poinded ; and that although the Laird gave a fair answer, yet the 
Farquharsons, with the view of drawing him out of his house, drove 
away, not only the poinded cattle, but also Brackley's own cattle ; and 
when the latter was thus forced to come out of his house, the Farquhar- 
sons fell on him, and murdered him and his brother. The memorandum 
proceeds to controvert this statement in some respects, and accounts for 
the convocation of Inverey's friends by the fact that Inverey was Captain 
of the Watch for the time ; and that he and his ancestors had been in use 
to go to the market with a like number of men to guard it, and, * it is very 
weel knowin that the customes of the country is that people who are 
going to the mercatt doe use to gather and goe allongst with that 
companie, which they see are numerous, either for their own securitie or 
kyndness for the personnes with whom they goe, and moreover, it is 
the custome of that mountainous country to go with arms especiallie at 
mercats.' 

"The n^emorandum concludes with a suggestion that criminal 
letters should be raised at the instance of the nearest of kin of the 
followers of Invereye who had been slain, and of the Earl of Aboyne, 
against the persons accused of killing them, so as to meet the like 
proceedings at the instance of the son of the Laird of Brackly and the 
Marquis of Huntly. 

" This document is valuable for the notices of several Highland 
customs which it describes or refers to, and for the light which it sheds 
on the wild state of social life on upper Dee in the time of Charles 11. 

" The old (and probably contemporary) ballad has obviously been 
written by one who sympathised with the Gordons, while under a family 
gloss the niain facts of the historical statement may be recognised. 



ESTATE PAPERS: BRAICKLY. 4 1 

The unwillingness of Brackley to begin the fray is dwelt upon ; and 
he is represented as having been goaded on by the taunts of his wife — 

" She called on her maidens and bade them come on ; 
Tak' a' your rocks, lasses, we will them comman', 
We'll fecht them, and shortly the cowards will fly, 
So come forth, my maidens, and turn back the kye." 

To which Brackley is made to reply : — 

" Now baud your tongue, Catherine, and bring me my gun 
I am now going forth, but I'll never come in. 
Call my brother William, my uncle, also. 
My cousin, James Gordon ; we'll mount and we'll go." 

The fight is then described : — 

" When Brackly was busked and stood in the close 
A gaUanter Barrone ne'er lap on a horse ; 
When they were assembled on the Castle green, 
Nae man like brave Brackly was there to be seen. 
* Strike, dogs,' cries Inverey, * and fecht till ye'r slain. 
For we are twice twenty and they but four men.' 
At the head o' Reneaton the battle began. 
At little Auchoilzie they killed the first man. 
They killed William Gordon and James o' the Knock, 
And brave Alexander, the flower o' Glenmuick. 
First they killed ane, and syne they killed twa, 
They hae killed gallant Brackly, the flower o' them a'. 
Wi' swords and wi' daggers they did him surroun,' 
And they pierced bonny Brackly wi' mony a woun." 

The concluding verse expresses the general feeling : — 

" Frae the head o' the Dee to the banks o' the Spey, 
The Gordons may mourn him and ban Inverey." 

" That Inverey was the aggressor may be inferred from a paper in 
the collection at Invercauld of later date, being a warrant dated I2th 
February 1-685 ^Y the Earl of Perth, Lord Chancellor, for apprehending 
John Farquharson of Inverey and others his followers, who had been 
outlawed for not compearing to answer at their trial, and had sub- 
sequently continued for many years in their outlawry, associating with 
themselves a company of thieves, murderers, and sorners ; therefore 
empowering James Innes, Sergeant, and Corporal Badnock, com- 
manding a party of troops at Kincardine O'Neill, to apprehend the said 
John Farquharson and his accomplices." 

It may not be unnecessary to explain that though John Farquharson 

F 



42 RECORDS OF IHVBRCAULD. 

took his style of Inverey from his property at the upper end of the 
Dee valley, 24 miles distant from Braickly» he was also proprietor of 
the lands of Tullich and Ballater, in the immediate vicinity of Braickly ; 
and, being at this time a young man of a hasty temper and turbulent 
disposition, many causes of quarrel arose between the two lairds. 
Inverey being outlawed, as stated, gathered around him a body of the 
loose men of his dependants, and became the scourge of the neighbouring 
lowlands, especially Cromar, Corse, and Leochel-Cushnie. On the 
farmers in these districts he levied a heavy tax of blackmail. As " The 
Black Colonel " he is the hero of many a local legend, some of which are 
still current, and partially, if not wholly, believed. 

As was to be expected, he was out with Dundee, and showed high 
qualities as a soldier, giving General Mackay no little trouble in the 
campaign preceding Killiecrankie. 

The protracted investigation in Edinburgh into the slaughter of the 
Gordons kept alive and embittered the feud between the hostile parties ; 
and for many years the country was in a perfectly lawless condition. 
The minutes of the Kif k-Session of Glenmuick record that the minister, 
the above named John Ferries or Ferguson, had to attend the Court as a 
witness in the trial ; that thereafter he was frequently obstructed in the 
discharge of his duties ; that on 3rd March, 1667, he could not venture to 
preach at Tullich *' by reason of the loose men in the country ** ; and that 
** the communion should have been celebrated 7th April, 1672, but was 
stopped through the trouble in the country by Highlanders.'* After the 
troubles connected with the Inverey raid had been put a stop to by the 
Revolution, the next change in the proprietorship of Braickly is 
indicated as follows : — 

" Charter of Adjudication from George Gordon Tuter to the 
Earl of Aboyne, in favor of Isaac Fullartin of the Lands of Breickly, 
Toldow and Tombreck proceeding upon the Decreets of Adjudication at 
the instance of George Gordon of Knockspake and Alexander Kerr of 
Mains to which the said Alexander Fullartin had acquired right, dated 
4th Augt 170&" 

Sasine followed thereon 2nd February, 1709. Then follows : — 

" Disposition from the said Isaac FuUertin of the said Lands and 
others to James Fergusson, Advocate, in Trust for John Farquharson of 
Invercauld, dated 20th March 1712." 



ESTATE PAPERS : CAMUSNAKIST. 43 

This appears to have been -the first acquisition of property in 
Glenmuick by the Invercauld family. The lands of Auchoilzie and 
others followed some time after, as already stated. 

In the Poll Book (1696) Invercauld is not rated as possessor of any 
lands in the old parish of Glenmuick. 

The above Disposition was followed by the usual legal Assignation 
and Sasine, dated respectively 21st March and 25th, 1712. Then 
follow : — 

" Instrument of Resignation in the hands of Lord Aboyne in 
favor of the said John Farquharson proceeding upon the Procuratory in 
the Disposition from Isaac Fullertin, Dated loth Augt 1723," 

and 

" Instrument of Resignation in the hands of the said Earl in 
favor of the said John Farquharson, dated 22nd April 1727." 

And of same date : — 

•'Charter of Resignation and Novodamus from Earl of 
Aboyne to the said John Farquharson of the following lands, Braickly, 
Ballindorrie, Toldow, Tombreck." 

Instrument of Sasine follows thereon in due course ; and then the 
Duke of Gordon's Charter of Resignation to James Farquharson of 
Invercauld, with consent of the Earl of Aboyne, of the Lands of 
Auchoilzie and Braickly, &c., proceeding upon the above Resignation, is 
granted 23rd June, 1766, and confirmed 14th July, 1801, followed by 
Instrument of Sasine of same date. 

Notx.— The name BiaicUy or BreacUie is derived from the Gaelic bnaciMt spotted black 
and white, and signifies, when applied to a locality, that it is partly arable and partly moorland. 
The estate, which was of considerable extent as estates then went, lay to the south of the Muick, 
near its confluence with the Dee. The present mansion (Sir Allan McKenaie's), built on the site 
of the old castle, commands one of the finest views in the neighbourhood of Ballater. 



CAMASAKIST, OR CAMUSNAKIST. 

In the fourth report of the Royal Commission on Historical 
Manuscripts, p. 533, Dr. Stuart thus refers to the first charter granted 
for this property : — 



.44 RECORDS OF INVERCAULD. 

" The clan of the Farquharsons was long settled on the banks of the 
highland Dee before they got written titles to their lands. They held 
their possessions under the Earls of Mar, and it was not until the time of 
Charles I. that these powerful overlords began to grant charters to their 
vassals in Braemar. Several of these charters are in the collection at 
Invercauld, and are dated at Alloa, 28th September 1632. That to 
Donald Farquharson of Camusnakist, and his wife Isobell Small, 
conveys to them the land of Camusnakist in the Brae of Mar, and 
describes them as extending to four oxgates. The Earl reserves the 
hunting of deer and roe, and stipulates for payment of a feu duty of 
twelve merks six shillings and eight pence at his principal dwelling 
house in the Brae of Mar, called the Castle of Kindrocht, yearly. 
Besides paying suit at the head courts of Kindrocht, the vassal was 
bound to attend any courts which might be called for sitting in 
judgment on those who should hunt for deer without leave, or should 
steal or put away hawks or hawknests within the bounds of Mar. The 
penalties for so doing, or cutting or destroying wood, consisted in 
payments of marts. There was a provision, however, that if * it sail 
happen the said Donald Farquharson the tyme of the hunting of the fox, 
wolfe, or ony other ravenous or destroying beastis to slay any raes,* in 
that case no payment was to be exacted. The vassals were bound to 
give personal attendance on the superior with eight followers from each 
davock of land, with their dogs and hounds, at all his huntings, within 
the bounds of Mar, * and sail cause big and put up our lounkartisi for the 
hunting, and sail make and put forthe tinchellis^ at the samen, 
according to use and wont' They were also to attend all his hosting^ 
upon their own charges, and attend his baillie at all general musters and 
weapon schowings within the Sheriffdom of Aberdeen." 

" The prominence of the provisions in regard to attendance at hosting 
and hunting, and the arrangements about deer and hawks, show that the 
securing of a large revenue was less in view than the obtaining of a 
strong array of followers, with a well-protected hunting ground." This 
property, which was conjoined with that of Coldrach in the person of 
James Farquharson, as noted in his Disposition of it to Invercauld, is . 
fully described in the Deeds of Entail. 

A very full account of it is also given in a Precept of Clare Constat, 
of which the following is a short account : — 

" Precept of Clare Constat by Wm. Lord Braco in favors of 

I. A louokart was a structiire of stones or sods erected to support cooking utensils in 
the field or forest. Recently it meant any rude fireplace out of doors. 3. Beaters at deer hunts. 



ESTATE PAPERS : COLDRACH. 45 

James Farquharson of Coldrach for infefting him as heir of the deceased 
Donald Farquharson his Grandfather in the Town and Lands of 
Camasakist in the Brae of Mar with the pendicles thereof called 
Corlaroch and others before described with the Teinds and Pertinents 
thereto belonging — Feuduty 12 merks and 6s. 8d. Scots payable at 
Whitsunday and Martinmas, and doubling the same at the entry of each 
heir as use is in feu form, and for the Teinds the Feuar is to relieve the 
Superior of the Minister's Stipend payable furth of the said lands." 

It contains a great many feudal and personal services, to which this 
provision is annexed : — 

'•That the foresaid personal services and attendance and clause 
prohibiting the vassal from alienating the said Lands and others without 
our consent shall and may be taxed and converted in the terms of and 
agreeable to the statute of the first year of the reign of King George the 
1st, Entituled an Act for the more effectually securing the peace of the 
Highlands of Scotland, and in terms of and agreeable to the Act of 
Parliament of the 20th year of the Reign of the late Majesty George 
2nd entitled *an Act for taking away the Tenure of Ward holding, 
and from and after such Taxing or Convertion the sums of money at 
which the same shall be valued and Converted are and shall be payable 
at the same Terms with the feuduty above mentioned in all time 
thereafter. Dated 29th May 1752." 

COLRACH (COLDRACH). 

This property, situated on the Cluny, was early held by a branch of 
the Farquharsons, and continued in the same family under written 
charter from 1632 to 1769, when the following Disposition of it is 
recorded : — 

"Disposition by the said James Farquharson of Colrach with 
consent of Mary Lumsden his spouse of the said Lands pf Colrach and 
others above described. In favour of the said James Farquharson Esq. 
of Invercauld, his heirs and Assignees whatsoever, containing Procuratory 
of Resignation and Precept of Sasine. Dated 12th Dec. 1769." 

Since then it has remained an integral portion of the Invercauld 
estates. 

Coldrach came into the possession of this family of Farquharsons 
through the marriage of William Farquharson, son of Donald of 
Castletown, to the heiress of a former occupier, who seems also to have 
been a Farquharson, but of what stock is unknown. 



46 RECORDS OF INVBRCAULD. 

James of Coldrach was son of diis WillianL His son» William 
Farquharson, would appear, according to the family tree, to have left no 
issue ; and the property reverted to his uncle, Robert Farquharson of 
Tomintoul, with the result stated in the Disposition recorded under 
Lawsie of date 21st February, 1677. 

The property of Coldrach did not follow this Disposition, but 
remained separate till acquired by James Farquharson of Invercauld, as 
above recorded, in 1769. The Coldrach sept of the Farquharsons, which 
seems to have branched out into numerous families, was descended from 
Donald Farquharson of Castleton alias Monaltrie. 

George of Coldrach, in Glencluny, married Marjory Farquharson, a 
daughter of AUenquoich, and died before 1760. Their eldest son was 
James ; another son was William, both of whom left issue. 

Marjory Farquharson survived her husband many years, and 
married a John Campbell for her second husband. She had a jointure of 
j^ioo Scots of the rents of Coldrach at the time the property was sold to 
Invercauld There is a curious agreement, referred to in some corres- 
pondence r^arding the sale, by which James of Coldrach, who was 
married to a daughter of Tillywhillie (Douglas), stipulates that the 
purchaser (Invercauld) ^ should give his wiflfe a new Gowne at the term 
of Martinmas next " after receiving the title deeds. 

Cambusnakist formed part of the estate of Coldrach in 1769, and was 
sold along with it The price paid was jf 1450 sterling, a large sum at 
that time. The last laird, James Farquharson, had for several years 
previous to 1769 been running into debt, signing bills for Fleming of 
Auchintoul in Glengaim, who was also impecunious, and getting them 
protested. 

After the sale of his property he removed with his family to 
Stonehaven, where he seems to have prospered, and been the founder of 
several business houses there and in Montrose. '' His youngest son, 
Murray Farquharson, Capt in the first West India Regt, and some- 
time Lieut-Col. of the second regt of Aberdeenshire local Militia, died 

NoTB.— The name Camasakist, or, at it b often spelled, Camusnakist, now quite foigotten, 
signifies plainly enough the bend in the valley where coffins are laid, f.«., where the gravejnurd is. 
It also fixes the locality as on the north bank of the Qany, at the point where the upward trend 
of that valley turns sharply westward. 



ESTATE PAPERS : CASTLETON. 47 

at Elstck 2nd Nov. 1837, aged 76." He is understood to have been the 
last representative of the elder male line of the family. 

Colrach is a compound of two Gaelic words — cuil riabhach^ the 
reddish comer. 

CASTLETON AND BADDOCH. , 

This was an early acquisition of the Farquharson family, but no 
written charter was given till the following : — 

'' Charter from James Erskine of Grange and David Erskine of 
Dun Joint Proprietors of the Earldom of Marr To John Farquharson of 
Invercauld, of the davock of land in Braemar called Castleton, compre- 
hending Bellachlaggan Ardochie and Tomneraw, Glenclunie» New- 
bigging, and Corrielareck, with the lands of Glen of Baddoch and 
wiA the Fishings of Dee and Clunie, To be holden in Feu of the 
said James and David Erskine. Dated 31st July and 6th August 1731." 

The superiority was acquired by Invercauld the same year. In the 
charter to the Earl of Mar, 1564, A.D., these lands, with the Feu-duties, are 
thus inserted :— Sp. Club, Antiq VoL II. pp. 87-88. 

"Tjerras de Kindrocht alias Casteltoun extendentes annuatim ad 
decem libras firme vnam martam quatuor muttones duodecem lie reik 
hennis> pro areagiis et careagiis quadraginta quinque solidos duas boUas 
avenarum et pro gressuma in quinquennio viginti libras." 

At the date of the Poll Book (1696) the lands of Castleton were held 
in personal property by the Earl of Mar. At some previous period— date 
not ascertained — they had been given to Donald Farquharson, a son of 
Finla Mor, for service rendered and to be rendered to the Earl. So runs 
the family tradition, for it was before the era when the Earl con- 
descended to grant written charters. It is added that he transferred 
Donald from Castleton to Monaltrie ; and this Farquharson thus became 
the founder of that family. The property, along with others conjoined 
with it, remained in the hands of the Erskines of Mar till disposed of, as 
in the above charter, to the Invercauld family. 

According to the Poll Book (1696) the valued rental of the •* Paroch 
of Kindrochet" (Braemar) amounted to j^i6i5 3s. 4d. '' The Laird of 

I. A reik hen was one reared in Uie dwelling-house, and considered of superior qoality. 
A ^ hen was a Im fowl. Avensi oats of the sqsall black Tariety then grown in the district. 



48 RECORDS OF INVERCAULD. 

Invercauld (John Farquharson) as greatest heritor in the said parochin " 
is entered at a valuation of £m 6s. 8d. 

Although Invercauld is thus said to be the ** greatest heritor," 
** the Earl of Mar his valuation in the said parochin is entered at £$00.** 
In the MS. description, 181 1 A.D., Castletown of Braemar is thus 
entered : — 

** All and whole the Davock of Land in the Brae of Marr called 
Castletown comprehending the Town and Lands of Castletown, 
Bellachlaggan Ardorchie and Tomnavaw with the mill of Castleton, 
mill lands, multures and sequels thereof. The Town and Lands of 
Glencluny, Newbigging, Comclarich with the parts, pertinents, and 
pendicles thereof, and with liberty to build a new mill thereon, with 
multures and sequels of the same." 

It may be added that in the Mar charter (1564) a croft, commonly 
called the cowbill (coble), with the boat and ferry of Castleton, is 
attached to the property : — 

" Pro transportatione colonorum patrie extra aquam de Dee." 

The charters conveying both proprietory and superiority rights, 
with attached seals, are preserved at Invercauld. 

BADDOCH. 

The proprietory history of this glen, as shown by these records, 
dates back to the above noticed charter of 1731, when the Mar estates, 
being forfeited by the Earl on account of the Rebellion of 1715, were 
being disposed of. 

The property does not seem to have been, before the above date, a 
separate estate, but to have been a part of either the Inverey or 
Coremulie (Corriemulzie) lairdship. It was probably on account of the 
old connection with the Inverey or Corriemulzie estate that some 
misunderstanding arose in regard to certain rights of grazing, which 
led to an action in the Court of Session. The finding of the Court is 
thus briefly recorded : — 

" Decreet of Declarator before the Court of Session estab- 
lishing John Farquharson of Invercauld's right to the Glen of Baddoch. 
Dated loth July 1742." 



ESTATE PAPERS: COLDSTONE. 49 

The Baddoch glen is one of the most secluded in the whole 
Highlands, branching off as it does from the upper end of Glen Clunie 
by a pass so narrow as to hide it from the view of the passenger by the 
now much-frequented Cairnwell Road. It forms, however, an excellent 
sheep grazing. 

Note.— Tbe Baddoch, at already indicated, b a tribataiy glen of the Cluny, joining 
it about six miles soath-west of Oatleton of Braemar. The name is probably derived from 
the Gaelic BadaUh^ signifying thickets or damps of trees. There is now no natural-grown 
timber in it ; bat its peat mosses bear evidence of its former wooded condition. 

COLDSTONE. 
The earliest charter of the lands so named is thus recorded : — 

''Charter from the Bishop of Saint Andrews, with consent of his 
chapter to William, Lord Forbes of Kinaldie of All and Whole the 
Church lands of Coldstone, dated 5th Novemr. 1439." 

A Precept of Sasine follows in favour of Alexander Forbes of 
Kinaldie, proceeding upon the above charter, dated 7th July 1446. 

Another Sasine in favour of John Forbes of "Pitsl^o" on the 
lands of Coldstone and Ciynandry is dated 19th January 1497. 

A Tack of the Teinds of Coldstone from James Hope, Parson of 
Coldstone, to the said John Forbes, is dated 6th July 150a 

An Instrument of Sasine in his favour on the lands of Coldstone is 
dated 5th October 1536, and a Transumpt of the charter by the Bishop 
of Saint Andrews is dated 19th April 1553. 

That is followed by a Precept of Clare Constat from the Archbishop 
of Saint Andrews in favour of Alexander Forbes of Pitsliggo as the heir 
to his father, John, in the lands of Coldstone, dated 8th April 1557, with 
Sasine following. 

A Precept of Clare Constat from the Archbishop of Saint Andrews 
for Infefting William Forbes of Pitsliggo in the lands of Coldstone as 
heir to his father, Alexander, is dated 26th June 1563, and Instrument 
of Sasine follows thereon. 

A Tack of the Teinds of Coldstone from the R. C. Parson of Cold- 
stone to the said William Forbes for 19 years is dated 1566. 
G 



50 RECORDS OF INVERCAULD. 

A Precept of Clare Constat by tbc Archbishop of Saint Andrews 
for Infefting Mai^aret and Janet Forbes as heirs portioners of their 
father, the said William Forbes, is dated i8th May 1579, and Sasine 
follows thereon* 

A Procuratory of Resignation by the said Janet and Margaret 
Forbes in favour of Alexander Forbes of Pitsliggo is dated September 

is;9. 

A Charter proceeding thereupon from the Archbishop of Saint 
Andrews in favour of the said Alexander Forbes and his Spouse is 
dated i6th February 1580 ; and Sasine in their favour in the said lands 
of Coldstone follows, 25th May 1580. 

A Tack of the Tdnds of Coldstone from James Duff, R. C Parson 
thereof, to the said Alexander Forbes is dated 8th August following. 

The next Charter is of some consequence, ecclesiastically viewed. It 
is docketed : — 

"Charter of Confirmation and Novodamus by the Arch- 
bishop of Saint Andrews, in consequence of the Act 1606, restoring 
Episcopacy, in favour of John Forbes of Pitsliggo and his Spouse to the 
lands of Coldstone, dated 22nd August 1609." 

"A Procuratory of Resignation by the Earl of Mar for 
Resigning the Patronage of Coldstone in favour of the said John Forbes 
is dated 9th July 1616." 

Then follows :— 

''Charter from the Archbishop of Saint Andrews in favour of 
John Forbes of Pitsliggo and the Heirs of Tailzie therein mentioned of 
the said Lands of Coldstone, dated 23rd December 1616 ; and Sasine 
thereon follows in May next year." 

Another Sasine on the same subject, dated 13th, is r^stered at 
Aberdeen, i6th July 1621. 

A Charter of Confirmation under the Great Seal in favour of the 
said John Forbes of the said Charter and Sasines is dated 13th 
September 1621. 

A Precept of Clare Constat from the Archbishop of Saint Andrews 
in favour of Alexander Forbes of Pitsliggo as the heir of the said John 
Forbes is dated 20th April 1630 ; and Sasine follows thereon. 



ESTATE PAPERS: COLDSTONE. 5 1 

" Ext. Procuratory of Resignation by the said Alexander 
Forbes in favor of himself and the other heirs therein mentioned is dated 
3rd day of May 1630 and Registred in the Books of Session the 29th 
July same year." 

Instrument of Resignation, dated i6th June 1630, follows. 

Feu Charter from the Archbishop of St Andrews in favour of the 
said Alexander Forbes and the other heirs therein mentioned, proceeding 
on the said Resignation, bears the same date, and Ihstrument of Sasine 
follows. 

Although the above named Alexander Forbes is styled of Pitsliggo, 
it would appear from the following that he succeeded to the title of Lord 
Forbes : — 

"Instrument of Sasine in favour of Alexander, Lord Forbes, in 
the said lands of Coldstone, proceeding on a Precept of Clare Constat 
dated loth July 1637 from the Archbishop of Saint Andrews for 
infefting him as heir to his father the said Alexander, Lord Forbes, 
dated 23rd Septer. and Regt at Aberdeen 17th October 1637." 

Then follows a Charter from the said Alexander, Lord Forbes, to 
Alexander Forbes of Boundlie, of the Barony of Kinaldie and lands of 
Coldstone, dated 17th May 1656. 

This Disposition of the lands of Kinaldie and Coldstone to 
Alexander Forbes of Boundlie, now Boyndlie, was followed by a Charter 
of Resignation under the Great Seal in favour of the said Alexander 
Forbes of Boundlie erecting these lands into a Barony. This Charter is 
dated 15th August 1664, and Sasine followed thereon. 

Extract Retour of the special service of Henry Forbes as heir to his 
father, Alexander, in said Barony is dated 25th November 168 1. 

Proceeding upon this Special Retour, Henry is infefted in the said 
lands and others, 14th February 1683, and Sasine follows thereon. 

A Disposition from the said Henry Forbes to James Forbes of 
Kinaldie of the Barony of Kinaldie, exclusive of Melgum, which had 
previously been conveyed to Henry Elphinstone, is dated 26th March 
1692, and Sasine follows thereon. 

In a note to this Disposition we are informed that "William 
Farquharson of Invercauld acquired right to a number of Adjudications 



52 RECORDS OF INVERCAULD. 

led against Heniy Forbes of Boundlie affecting the Barony of Kinaldie» 
&c; and it appears from the Scroll of a Bond for part of the Price of 
Kinaldie that Henry Forbes had afterwards disposed of these lands to 
John Farquharson of Invercauld by a Disposition, dated 19th May 
1694." 

These complications gave rise to much litigation, as appears from 
the correspondence on the subject However, on John Farquharson of 
Invercauld being served heir to his late brother, William, in 1694, theie 
follows an 

*" INSTRUMENT OF RESIGNATION in favour of John Farquharson of 
Invercauld as heir to his brother, William, of All and Whole the Lands of 
Kinaldie, Supperiority of the Groddies and Patronage of Coldstone." 

Ultimately the lands of Coldstone and Melgum, proceeding on the 
Dispositions from the said Henry Forbes and Henry Elphinstone, dated 
19th July 1695, ^crc assigned to the said John Farquharson of 
Invercauld. 

Following on this, a Charter under the Great Seal is passed in 
favour of the said John Farquharson, dated 26th July 1695, and Sasine 
follows thereon. Thus the lands of the two Baronies, as they are 
called, of Kinaldie and Melgum, passed of right into the hands of 
William Farquharson of .Invercauld in 1694, in which year he died, and 
was succeeded by his famous brother, John, who had a considerable 
stru^le in maintaining his rights to these lands in Cromar. 

Among the papers in the case there is a Decreet of Annexation 
and provision of the parishes of Coldstone and Logic, dated 17th July, 
1618, and r^stered nth June 1707, which fixes the date of the union 
of those parishes. About this time (1696) an estimate of the lands of 
Invercauld was taken with a view to executing a Deed of Entail, which, 
however, was not carried through. 

The properties, the superiorities of which were acquired by purchase 
from James Erskine of Grange and David Erskine of Dun, as successors 
to the attainted Earl of Mar, by John Farquharson of Invercauld in 
1 73 1, were the following : — 

Invercauld, Crathie, 

Breachan, Lawsee, 



ESTATE PAPERS: COLDSTONE. 53 

Castletown, Wester Micros, 

Glenabaddoch, . Toragalter of Wester Micras, 

Aberarder, Sleoch, &c., 

Bellamoire, &c, Richarcarry, 

Monaltrie, Salmon fishing of 

Duchry, &&, said lands, 

and are so registered in the books of Council and Session, 5th August 
1732. These and other lands were included in an Instrument of 
Resignation in the hands of his Majesty, with the superiority of the 
Groodies and Patronage of Coldstone, for new infeftment in favour of the 
said John Farquharson, dated 22nd June 1737, proceeding on former 
charters and deeds, and also on a Deed of Entail by the said John 
Farquharson, dated 7th August 1735. 

There follow :— 

** Charter of Resignation under the great seal in favour of the 
said John Farquharson of the said lands and others, dated 3rd July 
1738, — All whidh lands, excepting Kinaldie, Groodies, and the Patronage 
of Coldstone, are erected into a free Baroney, called the Baroney of 
Invercauld." 

And 

** Instrument of Sasine in favour of the said John Farquharson 
proceeding thereupon in all of the said lands excepting Kinaldie, 
Groodies, and Patronage of Coldstone, follows, dated 12th and R^istred 
in the General Register 29th March 1739." 

Then follows : — 

** Instrument of Sasine in favour of the said John Farquharson 
in the lands of Kinaldie, Groodies, and Patronage of Coldstone, dated 7 
March and Regd. at Aberdeen, 2nd April 1739." 

Also: — 

"Ext. Revocation of John Faniuharson of Invercauld of the 
destination in part of his Deed of Entail 1735, dated 5th Decemr. 1748 
and Recorded in Books of Sasine 8th April 1754 and in General Regr. 
of Sasines at Edinburgh 4 March 1806." 

This Revocation was in favour of his son, James Farquharson, who, 
after the death of his father, was retoured as heir of Taillie and Provision 
in Special to the said John Farquharson, dated 12th June 1764 in the 
Baronies of Invercauld and Kinaldie. 



54 RECORDS OF INVERCAULD. 

This is followed by the usual Precepts of Sasine, &c 

A small pucel tied up with the above RevocatioB oontaini a cootiact of marriage between 
Panl Farquhaiaon of Rochqahalzie and Altaon Dnifaam, on whkh Inveroanld teemi to have been 
Trustee. 

Also: — 

Another contract d marriage between Patrick Faiqnharton, son and hdr of the sasd Paal 
and Ann Farquhanon, daughter of Cults, is dated 6th June 1710, on which John Farqaharson of 
Invercauld is principal Trustee, both showing the intimate relationship of the fiunilies. 

See papers relating to Culsh and Dalbeddie (Dalbagie). 

Finia Farquharson, son of the said Patrick, disposed of his lands to 
James Farquharson of Invercauld by Deed of Disposition and Assig- 
nation, dated 13th May 1760, whereupon the usual legal documents 
followed 

CRATHIE. 

The earliest notice of Crathie, as a separate property, which we have 
in these papers is contained in the charter by Queen Mary of the 
Earldom of Mar to her brother in 1564, the feu-duties from which, 
payable to the Superior, are thus entered : — 

** Terras de Kirktoun de Crathye extendentes annuatim ad quinque 
libras firme dimidiam marte, duos mutones, vnam boUam avenarum 

Juinque lie reik hennis pro areagiis et careagiis, viginti duos solidos sex 
enarios et in quinquennio decern libras gressume." 

Originally the property was of small extent, lying along the north 
bank of the Dee from a point opposite Balmoral Castle eastward for 
about a mile in a straight line. It received its name from enclosing 
within its bounds the church property — ^manse, glebe, church, and 
churchyard of the parish. 

There is some uncertainty about the derivation of the name. The 
Rev. Charles McHardy, who wrote the Statistical Account for Sir John 
Sinclair's great work (1794), and who was a good Gaelic scholar, gives it 
thus: — 

''Crathy is of Gaelic derivation, probably from Cruaidh-achadh^ 
'hard or stony fields,' as the parish, in general, is rocky, and full of 
stones ; or from Craatbh-ackadky ' fields or ridges, intersected with 
wood'" 



ESTATE PAPERS: CRATHIE 55 

The former is probably the real origin of the name, as it was 
descriptive of the condition of the locality even down to well within the 
present century. 

The earliest charter to a vassal was one granted to William 
Farquharson of Auchriachan by the Earl of Mar, dated 28th September 
1632, whereon Sasine followed nth October of the same year. 

Finlay Farquharson — fifth son of Finlay Mor — ^founder of the 
Auchriachan branch, settled his second son, John, on the Crathie 
property, whose grandson, William, is the one referred to in the 
charter. 

We have next : — 

"Ext. Contract of Wadset Between the said William 
Farquharson and Thomas Farquharson of Ennets, whereby the said 
William Farquharson Wadsets the Town and Lands of Crathie To the 
said Thomas Farquharson for 4000 merks. Dated 24th Feb 1638.'' 

The Laird of Ennets had evidently lent money to Farquharson of 
Auchriachan, and had got the lands of Crathie in security. It seems 
that Auchriachan was not able, or disposed, to redeem his bond ; for in 
May of the same year he grants a charter ''to the said Thomas 
Farquharson in implement of the said Contract for infefting him in the 
said Lands — dated 26th May 1638,'' of which Sasine follows. 

Then the said Thomas Farquharson disposes of these lands to 
Robert Farquharson of Aldlarg (Allargue), 26th May 1648, and grants 
charter to this effect Sasine whereof follows of same date. 

Robert of Aldlai^ grants a charter of |hese lands to his son, John, 
dated i6th March 1655, and Sasine follows thereon. 

This John Farquharson disposes of these lands to ''John 
McHardies^by Charter in Liferent and Fee, dated 25th August 1665, 
and Sasine follows. 

Another 

" Instrument of Sasine in favor of the said John McHardy 
and Margaret Auchterlony his wife upon their contract of marriage (is) 
dated nth and i6th December 1685 " 

The Crathie Writs, extending from the first of the above in 1632 to 



50 RECORDS or INVERCAUUX 

1685, are eig^t in number, niany of which are long, and filled with tbc 
usual legal phraseolc^y about bondages, servitudes, &c, in addition to 
money rents. 

Small as the estate was, it seems somehow to have maintained a 
considerable population. In the Poll Book there are entered no fewer 
than three lairds who had portions of it, and whose tenants number 
twelve, besides sub-tenants and cottars. 

The lairds bore the common name of McHardy, whose several 
portions fell to the lot of the above mentioned John McHardy, and 
thereafter to his son, David, by a deed dated 14th March 1708. 

There is quite a large parcel of papers regarding the proprietory 
rights of these McHardies containing writs of l^al forms from 1708 to 
to 1726, among which we have the following deed, in consequence of the 
forfeiture of John, Earl of Mar, in 171 5 : — 

*' Instrument of Sasine in favour of Robert Farqson as heir of 
the said William Farqson of Ariachen (1632). his Great Grandfather, 
proceeding on a Precept of Clare Constat granted bv James Erskine of 
Dun in his favor, dated the 13th of July and R^d. at Aberdeen 30th 
August 1726." 

The said Robert Farquharson of Achriachan disposes of these lands 
in favour of Alexander Farquharson of Monaltrie, by deed dated loth 
May 1726, which is registered in the Books of Session 4th March 1737. 

Preceding this Deed of Disposition there had been : — 

"Charter of Resignation by the said James and David 
Erskine in favour of the said Alexander Farquharson, dated 4th March 
1726," and Sasine followed thereon. 

. Then we have a deed of some genealogical Importance to the 
following effect : — 

" Decreet of Declarator of Redemption of the Wadset 
above noted at the instance of the said Alexander Farquharson agt the 
said John McHardy as apparent heir male to the said David McHardy 
his Father's cousin-Germain, Jean Jolly his Mother and Tutrix, and 
Isobell McHardy, sister and heir of line of the said David McHardy and 
her husband, dated 14th July 1737." 

John Farquharson of Invercauld having acquired by purchase from 
the representatives of the Earl of Mar, Lord Erskine and the Laird of 



ESTATE PAPERS : CRATHIE. 57 

Dun, the superiority of these lands, it fell to him to confirm, or otherwise 
make arrangements between the McHardies, portioners of Crathie, and 
his brother, Alexander Farquharson who had acquired in 1702 the estate 
of Monaltrie by purchase from Charles Farquharson, the last of the old 
family of that name. Many documents relating to these arrangements 
are found among the Invercauld papers, but they are not of much public 
interest 

The final settlement was thus arranged by 

"Disposition by the said Alexander Farquharson to John 
Farquharson of Invercauld, his brother, of the said half davoch land of 
Crathie, dated the 8th day of August 1737 and Registered 6th April 
1738." 

It may be of some interest to observe that Robert Farquharson 
(son of Donald of Castleton), ancestor of the Finzean family, for 
some time resided, whether as proprietor, wadseter, or tenant, at 
Milltown or Kirktoun of Crathie before he acquired the property of 
Finzean. He married Margaret, daughter of Mcintosh of Glengaim. 

The clachan of Milltown of Crathie was of old a place of much 
resort There were there both a ferry and a ford over the Dee 
communicating with the south country by the Capel Pass and Glen- 
dova. It will be remembered that Montrose, in his memorable retreat 
throiigh Angus to the north, crossed the river here ist May 1645. 

Long after his time refreshments could be had at the boathouse. In 
1696 we learn from the Poll Book that there was a large population in 
the neighbourhood. In 1801 the mill had disappeared, although the 
name of Milltown still remained ; and, though the ferry and ford had 
ceased to be used, the old boathouse continued to be frequented as an 
inn until about 1824. It was then abolished as a nuisance. 

" A Tack of the Teinds of the half Davock Land of Crathie with 
the Pendicle called Tomyadow, extending to an Eight Oxgate Land, 
(was granted) by John Erskine of Marr and his son, To Mr Wm 
Farquharson of Achrieachan for twenty one times 19 years from 
Lambas 163Z" 

"Instrument of Resignation adremanentiam by Isobel 
McHardy in the hands of John Farquharson, dated and Registred 
at Edinburgh 6th of April 1738." 

H 



5^ RECORDS OF INVERCAULD. 

Alla^r *^ ^""** °' *" ''"" *^ '^^^'^^^ "^ Farquharsons of 

F»m!l1"*^' *'""**/°' **^' 200 yean; was the inheritance of these 
Farquharsons. ts now the property of the Duke of Gordon. 

CULTS (CULSH). 

oassed tn fh.. F0.1 r\^ Alexander Gordon, fix)m whom it 

Calt^ fI^V •. ^' *" ' ^"«"'>' P»^>*a™>ii. who is styfcd of 

of MoS^i^rj^"^ ff""^"' " *° ^''"•"» ""»>-— ^■ 
L"5r«:^o^^ tL'T' "' -^ ^ hS j^^X 

four merks and 2s. ?d S«lf« «f Ifw r ^L ^°' Stranlea and pertinents. 
««.«on^ ^ ^ ^^.^.^^-^ ^ -Si^X^ 



ESTATE PAPERS: CULTS. 59 

services ; Extending in whole the said old and additional Feu-duties to 
jf47 4s 76. Scots payable at Whits, and Martinmus', and doubling the 
said feuduty the first year of the entry of each heir to the said Lands — 
as also paying yearly 15 poultry fowls and winning and laying in yearly 
25 loads of Peats to Marr Lodge, with one large carriage and of a horse 
yearly not exceeding 60 miles from Marr house as the same shall be 
required, or the sum of ;63 Scots yearly, therefore for each load of coals 
IS Scots. For Stranlea, paying yearly one poultry fowl and a proportional 
part of five loads of Peats efTering to the said lands in proportion to the 
four oxgates of Rinabroich, and a like propK>rtion of one long carriage, or 
2s. Scots for each Poultry fowl, is. for each Load of Peats and j^S Scots 
for the long carriage. For the Mill of Stranlea etc, 4 merks 2s. 3d. Scots 
and 1 6s. Scots of additional feuduty in lieu of the clause de non alienando^ 
Extending to.j^S iis. 7d. Scots at Whitsunday and Martinmus, and 
doubling the same at the entry of each heir with one poultry fowl and a 
proportional part of five Loads of Peats efTering as aforesaid, and the 
carriage of a horse as the same shall be required. For Rinloan, 4 Merks 
and 2S. 3d. Scots at Whitsunday and Martinmas and doubling the same 
at the entry of each heir with one poultry fowl with a proportional part 
of the said five Loads of Peats and a long carriage of a horse efTering 
as aforesaid when the same shall be required, also sundry personsd 
services which will now fall to be converted. Dated 5th March 1798." 

There follows : — 

'' Instrument of Sasine of the said lands in favors of the said 
William Farquharson Esqr. proceeding upon the said Charter of Resig- 
nation, Dated 7th and recorded in the Particular Register of Sasines for 
the County of Aberdeen the 13th days of Septemer. 1799." 

This is followed by 

"Ext. Disposition by the said William Farquharson Esqr. In 
favours of James Farquharson Esqr. of Invercauld and the heirs of 
Entail succeeding to him in the Estate of Invercauld of All and Whole 
the Lands of Cults and also the Lands of Tombelly and Dalbedie 
containing Procuratory of Resignation and Precepts of Sasine, Dated 26 
January 1803 and Recorded in the Sheriff Court Books of the County of 
Aberdeen the 13th March 1806." 

Sasine followed 13th May 1806. 

This property, as well as the others (on the south side of the Gaim) 
which constituted the Monaltrie estate, was still held in liferent by the 
said William Farquharson, last laird thereof, till his death in 1828, and 
a portion of them by his widow till her decease in 1857. 



58 RECORDS OF INVERCAULD. 

Besides the above, there are the following titles redeeming the 
Wadset from McHardy by Farquharson of Auchriachan's heir : — 

" Instrument of Sasine in favor of Robert Farquharson as heir 
of William Farquharson of Achriachen his Great Grandfather pro- 
ceeding on a Precept of Clare Constat granted by James Erskine of 
Grange and David Erskine of Dun in his favor, dated the 13th of July 
and R^d. at Aberdeen 30th August 1726." 

A tablet in the family vault in the churchyard of Kirkmichael bears 
the following inscription : — 

"To preserve this burying ground and in pious regard to the 
memoiy of Finlay Farquharson of Achriachen, who possessed this 
place since 1569, son to Findlay Farquharson, Esq of Invercauld ; 
likewise William Farquharson who died anno 17 19, aged 80 years, who 
was the 9th man of that family who possessed Achriachan." 

From this branch of the clan are descended the Farquharsons of 
AUargue. 

Achriachan, which for about 200 years was the inheritance of these 
Farquharsons, is now the property of the Duke of Gordon. 

CULTS (CULSH). 

This property, according to the Poll Book (p. 168), seems to have 
belonged at a former period to a Mr. Alexander Gordon, from whom it 
passed to the Earl of Mar as personal property, and to have been given 
by him at that date (1696) to a Findlay Farquharson, who is styled of 
Cults. From him it seems to have passed into the hands of William 
Rose Esq. of Ballivat, who disposed of it to William Farquharson Esq. 
of Monaltrie, in the year 1798. The document conveying it is curious 
as specifying minutely the feu and other duties and servitudes belonging 
to the estate. The statement of them may be interesting as showing 
both the privileges and bondages which were then enjoyed by, or 
exacted from the holders or tenants of these small Highland possessions, 
and is therefore here inserted : — 

"Feuduty for Cults 50 merks Scots of old feuduty for Rien- 
abroich £S 6s. 8d. Scots of old feuduty. For Stranlea and pertinents, 
four merks and 2s. 3d. Scots of old feuduty, and £2 iSs. 8d. Scots of 
additional feuduty as the converted value of the former personal 



ESTATE PAPERS: CULTS. 59 

services ; Extendii^ in whole the said old and additional Feu-duties to 
jC47 4s 7d Scots payable at Whits, and Martinmu», and doubling the 
said feuduty the first year of the entry of each heir to the said Lands — 
as also paying yearly 15 poultry fowls and winning and laying in yearly 
25 loads of Peats to Marr Lodge, with one large carriage and of a horse 
yearly not exceeding 60 miles from Marr house as the same shall be 
required, or the sum of ;63 Scots yearly, therefore for each load of coals 
IS Scots. For Stranlea, paying yearly one poultry fowl and a proportional 
part of five loads of Peats effering to the said lands in proportion to the 
four oxgates of Rinabroich, and a like proportion of one long carriage, or 
2s. Scots for each Poultry fowl, is. for each Load of Peats and £3 Scots 
for the long carriage. For the Mill of Stranlea etc, 4 merks 2s. 3d. Scots 
and 1 6s. Scots of additional feuduty in lieu of the clause de non alienando^ 
Extending to.;f3 lis. 7 A. Scots at Whitsunday and Martinmus, and 
doubling the same at the entry of each heir with one poultry fowl and a 
proportional part of five Loads of Peats effering as aforesaid, and the 
carriage of a horse as the same shall be required. For Rinloan, 4 Merks 
and 2s. 3d. Scots at Whitsunday and Martinmas and doubling the same 
at the entry of each heir with one poultry fowl with a proportional part 
of the said five Loads of Peats and a long carriage of a horse efiering 
as aforesaid when the same shall be required, also sundry personal 
services which will now fall to be converted. Dated 5th March 1798." 

There follows: — 

" Instrument of Sasine of the said lands in favors of the said 
William Farquharson Esqr, proceeding upon the said Charter of Resig- 
nation, Dated 7th and recorded in the Particular Register of Sasines for 
the County of Aberdeen the 13th days of Septemer. 1799." 

This is followed by 

"Ext. Disposition by the said William Farquharson Esqr. In 
favours of James Farquharson Esqr. of Invercauld and the heirs of 
Entail succeeding to him in the Estate of Invercauld of All and Whole 
the Lands of Cults and also the Lands of Tombelly and Dalbedie 
containing Procuratory of Resignation and Precepts of Sasine, Dated 26 
January 1803 and Recorded in the Sheriff Court Books of the County of 
Aberdeen the 13th March 1806." 

Sasine followed 13th May 1806. 

This property, as well as the others (on the south side of the Gairn) 
which constituted the Monaltrie estate, was still held in liferent by the 
said William Farquharson, last laird thereof, till his death in 1828, and 
a portion of them by his widow till her decease in 1857. 



58 RECORDS OF INVERCAULD. 

Besides the above, there are the following titles redeeming the 
Wadset from McHardy by Farquharson of Auchriachan's heir : — 

" Instrument of Sasine in favor of Robert Farquharson as heir 
of William Farquharson of Achriachen his Great Grandfather pro- 
ceeding on a Precept of Clare Constat granted by James Erskine of 
Grange and David Erskine of Dun in his favor, dated the 13th of July 
and Regd. at Aberdeen 30th August 1726." 

A tablet in the family vault in the churchyard of Kirkmichael bears 
the following inscription : — 

"To preserve this burying ground and in pious r^^ard to the 
memoiy of Finlay Farquharson of Achriachen, who possessed this 
place since 1569, son to Findlay Farquharson, Esq of Invercauld ; 
likewise William Farquharson who died anno 17 19, aged 80 years, who 
was the 9th man of that family who possessed Achriachan." 

From this branch of the clan are descended the Farquharsons of 
Allaire. 

Achriachan, which for about 200 years was the inheritance of these 
Farquharsons, is now the property of the Duke of Gordon. 

CULTS (CULSH). 

This property, according to the Poll Book (p. 168), seems to have 
belonged at a former period to a Mr. Alexander Gordon, from whom it 
passed to the Earl of Mar as personal property, and to have been given 
by him at that date (1696) to a Findlay Farquharson, who is styled of 
Cults. From him it seems to have passed into the hands of William 
Rose Esq. of Ballivat, who disposed of it to William Farquharson Esq. 
of Monaltrie, in the year 1798. The document conveying it is curious 
as specifying minutely the feu and other duties and servitudes belonging 
to die estate. The statement of them may be interesting as showing 
both the privil^es and bondages which were then enjoyed by, or 
exacted from the holders or tenants of these small Highland possessions, 
and is therefore here inserted : — 

"Feuduty for Cults 50 merks Scots of old feuduty for Rien- 
abroich £8 6s. 8d. Scots of old feuduty. For Stranlea and pertinents, 
four merks and 2s. 3d. Scots of old feuduty, and £2 15s. 8d. Scots of 
additional feuduty as the converted value of the former personal 



ESTATE PAPERS : CULTS. 59 

services ; Extending in whole the said old and additional Feu-duties to 
jC47 4s 7d. Scots payable at Whits, and Martinmus*, and doubling the 
said feuduty the first year of the entry of each heir to the said Lands — 
as also paying yearly 15 poultry fowls and winning and laying in yearly 
25 loads of Peats to Marr Lodge, with one large carriage and of a horse 
yearly not exceeding 60 miles from Marr house as the same shall be 
required, or the sum of ;63 Scots yearly, therefore for each load of coals 
IS Scots. For Stranlea, paying yearly one poultry fowl and a proportional 
part of five loads of Peats effering to the said lands in proportion to the 
four oxgates of Rinabroich, and a like proportion of one long carriage, or 
2s. Scots for each Poultry fowl, is. for each Load of Peats and jf 3 Scots 
for the long carriage. For the Mill of Stranlea etc, 4 merks 2s. 3d. Scots 
and 1 6s. Scots of additional feuduty in lieu of the clause de non alienandOy 
Extending to jf 3 us. 7d. Scots at Whitsunday and Martinmus, and 
doubling the same at the entry of each heir with one poultry fowl and a 
proportional part of five Loads of Peats effering as aforesaid, and the 
carriage of a horse as the same shall be required. For Rinloan, 4 Merks 
and 2s. 3d. Scots at Whitsunday and Martinmas and doubling the same 
at the entry of each heir with one poultry fowl with a proportional part 
of the said five Loads of Peats and a long carriage of a horse effering 
as aforesaid when the same shall be required, also sundry personal 
services which will now fall to be converted. Dated 5th March 1798." 

There follows : — 

'' Instrument of Sasine of the said lands in favors of the said 
William Farquharson Esqr. proceeding upon the said Charter of Resig- 
nation, Dated 7th and recorded in the Particular Register of Sasines for 
the County of Aberdeen the 13th days of Septemer. 1799." 

This is followed by 

"Ext. Disposition by the said William Farquharson Esqr. In 
favours of James Farquharson Esqr. of Invercauld and the heirs of 
Entail succeeding to him in the Estate of Invercauld of All and Whole 
the Lands of Cults and also the Lands of Tombelly and Dalbedie 
containing Procuratory of Resignation and Precepts of Sasine, Dated 26 
January 1803 and Recorded in the Sheriff Court Books of the County of 
Aberdeen the 13th March 1806." 

Sasine followed 13th May 1806. 

This property, as well as the others (on the south side of the Gairn) 
which constituted the Monaltrie estate, was still held in liferent by the 
said William Farquharson, last laird thereof, till his death in 1828, and 
a portion of them by his widow till her decease in 1857. 



58 RECORDS OF INVERCAULD. 

Besides the above, there are the following titles redeeming the 
Wadset from McHardy by Farquharson of Auchriachan's heir : — 

" Instrument of Sasine in favor of Robert Farquharson as heir 
of William Farquharson of Achriachen his Great Grandfather pro- 
ceeding on a Precept of Clare Constat granted by James Erskine of 
Grange and David Erskine of Dun in his favor, dated the 13th of July 
and R^d. at Aberdeen 30th August 1726." 

A tablet in the family vault in the churchyard of Kirkmichael bears 
the following inscription : — 

"To preserve this burying ground and in pious regard to the 
memory of Finlay Farquharson of Achriachen, who possessed this 
place since 1569, son to Findlay Farquharson, Esq of Invercauld ; 
likewise William Farquharson who died anno 17 19, aged 80 years, who 
was the 9th man of that family who possessed Achriachan." 

From this branch of the clan are descended the Farquharsons of 
Allaire. 

Achriachan, which for about 200 years was the inheritance of these 
Farquharsons, is now the property of the Duke of Gordon. 

CULTS (CULSH). 

This property, according to the Poll Book (p. 168), seems to have 
belonged at a former period to a Mr. Alexander Gordon, from whom it 
passed to the Earl of Mar as personal property, and to have been given 
by him at that date (1696) to a Findlay Farquharson, who is styled of 
Cults. From him it seems to have passed into the hands of William 
Rose Esq. of Ballivat, who disposed of it to William Farquharson Esq. 
of Monaltrie, in the year 1798. The document conveying it is curious 
as specifying minutely the feu and other duties and servitudes belonging 
to the estate. The statement of them may be interesting as showing 
both the privileges and bondages which were then enjoyed by, or 
exacted from the holders or tenants of these small Highland possessions, 
and is therefore here inserted : — 

"Feuduty for Cults 50 merks Scots of old feuduty for Rien- 
abroich £8 6s. 8d. Scots of old feuduty. For Stranlea and pertinents, 
four merks and 2s. 3d. Scots of old feuduty, and £2 iSs. 8d. Scots of 
additional feuduty as the converted value of the former personal 



ESTATE PAPERS : CULTS. 59 

services ; Extending in whole the said old and additional Feu-duties to 
£\j 4s 7d. Scots payable at Whits, and Martinmus*, and doubling the 
said feuduty the first year of the entry of each heir to the said Lands — 
as also paying yearly 15 poultry fowls and winning and laying in yearly 
25 loads of Peats to Marr Lodge, with one large carriage and of a horse 
yearly not exceeding 60 miles from Marr house as the same shall be 
required, or the sum of ^63 Scots yearly, therefore for each load of coals 
IS Scots. For Stranlea, paying yearly one poultry fowl and a proportional 
part of five loads of Peats effering to the said lands in proportion to the 
four oxgates of Rinabroich, and a like proportion of one long carriage, or 
2s. Scots for each Poultry fowl, is. for each Load of Peats and £'^ Scots 
for the long carriage. For the Mill of Stranlea etc, 4 merks 2s. 3d. Scots 
and 1 6s. Scots of additional feuduty in lieu of the clause de non alienando^ 
Extending to £1 lis. 7d. Scots at Whitsunday and Martinmus, and 
doubling the same at the entry of each heir with one poultry fowl and a 
proportional part of five Loads of Peats effering as aforesaid, and the 
carriage of a horse as the same shall be required. For Rinloan, 4 Merks 
and 2s. 3d. Scots at Whitsunday and Martinmas and doubling the same 
at the entry of each heir with one poultry fowl with a proportional part 
of the said five Loads of Peats and a long carriage of a horse effering 
as aforesaid when the same shall be required, also sundry persond 
services which will now fall to be converted. Dated 5th March 1798." 

There follows: — 

" Instrument of Sasine of the said lands in favors of the said 
William Farquharson Esqr. proceeding upon the said Charter of Resig- 
nation, Dated 7th and recorded in the Particular Register of Sasines for 
the County of Aberdeen the 13th days of Septemer. 1799." 

This is followed by 

"Ext. Disposition by the said William Farquharson Esqr. In 
favours of James Farquharson Esqr. of Invercauld and the heirs of 
Entail succeeding to him in the Estate of Invercauld of All and Whole 
the Lands of Cults and also the Lands of Tombelly and Dalbedie 
containing Procuratory of Resignation and Precepts of Sasine, Dated 26 
January 1803 and Recorded in the Sheriff Court Books of the County of 
Aberdeen the 13th March 1806." 

Sasine followed 13th May 1806. 

This property, as well as the others (on the south side of the Gaim) 
which constituted the Monaltrie estate, was still held in liferent by the 
said William Farquharson, last laird thereof, till his death in 1828, and 
a portion of them by his widow till her decease in 1857. 



I 



58 RECORDS OF INVERCAULD. 

Besides the above, there are the following titles redeeming the 
Wadset from McHardy by Farquharson of Auchriachan's heir : — 

" Instrument of Sasine in favor of Robert Farquharson as heir 
of William Farquharson of Achriachen his Great Grandfather pro- 
ceeding on a Precept of Clare Constot granted by James Erskine of 
Grange and David Erskine of Dun in his favor, dated the 13th of July 
and Regd. at Aberdeen 30th August 1726/' 

A tablet in the family vault in the churchyard of Kirkmichael bears 
the following inscription : — 

'*To preserve this burying ground and in pious regard to the 
memory of Finlay Farquharson of Achriachen, who possessed this 
place since 1569, son to Findlay Farquharson, Esq of Invercauld ; 
likewise William Farquharson who died anno 1719, aged 80 years, who 
was the 9th man of that family who possessed Achriachan." 

From this branch of the clan are descended the Farquharsons of 
AUargue. 

Achriachan, which for about 200 years was the inheritance of these 
Farquharsons, is now the property of the Duke of Gordon. 

CULTS (CULSH). 

This property, according to the Poll Book (p. 168), seems to have 
belonged at a former period to a Mr. Alexander Gordon, from whom it 
passed to the Earl of Mar as personal property, and to have been given 
by him at that date (1696) to a Findlay Farquharson, who is styled of 
Cults. From him it seems to have passed into the hands of William 
Rose Esq. of Ballivat, who disposed of it to William Farquharson Esq. 
of Monaltrie, in the year 1798. The document conveying it is curious 
as specifying minutely the feu and other duties and servitudes belonging 
to the estate. The statement of them may be interesting as showing 
both the privil^es and bondages which were then enjoyed by, or 
exacted from the holders or tenants of these small Highland possessions, 
and is therefore here inserted : — 

"Feuduty for Cults 50 merks Scots of old feuduty for Rien- 
abroich £S 6s. 8d. Scots of old feuduty. For Stranlea and pertinents, 
four merks and 2s. 3d. Scots of old feuduty, and £2 15s. 8d. Scots of 
additional feuduty as the converted value of the former personal 



ESTATE PAPERS: CULTS. 59 

services ; Extending in whole the said old and additional Feu-duties to 
£^y 45 7d. Scots payable at Whits, and Martinmus*, and doubling the 
said feuduty the first year of the entry of each heir to the said Lands — 
as also paying yearly 15 poultry fowls and winning and laying in yearly 
25 loads of Peats to Marr Lodge, with one large carriage and of a horse 
yearly not exceeding 60 miles from Marr house as the same shall be 
required, or the sum of ^63 Scots yearly, therefore for each load of coals 
IS Scots. For Stranlea, paying yearly one poultry fowl and a proportional 
part of five loads of Peats effering to the said lands in proportion to the 
four oxgates of Rinabroich, and a like proportion of one long carriage, or 
2s. Scots for each Poultry fowl, is. for each Load of Peats and £1 Scots 
for the long carriage. For the Mill of Stranlea etc, 4 merks 2s. 3d. Scots 
and 1 6s. Scots of additional feuduty in lieu of the clause de non alienando^ 
Extending to £i us. ^d. Scots at Whitsunday and Martinmus, and 
doubling the same at the entry of each heir with one poultry fowl and a 
proportional part of five Loads of Peats effering as aforesaid, and the 
carriage of a horse as the same shall be required. For Rinloan, 4 Merks 
and 2s. 3d. Scots at Whitsunday and Martinmas and doubling the same 
at the entry of each heir with one poultry fowl with a proportional part 
of the said five Loads of Peats and a long carriage of a horse effering 
as aforesaid when the same shall be required, also sundry personal 
services which will now fall to be converted. Dated 5th March 1798." 

There follows: — 

" INSTRUMENT OF Sasine of the said lands in favors of the said 
William Farquharson Esqr. proceeding upon the said Charter of Resig- 
nation, Dated 7th and recorded in the Particular Register of Sasines for 
the County of Aberdeen the 13 th days of Septemer. 1799." 

This is followed by 

"Ext. Disposition by the said William Farquharson Esqr. In 
favours of James Farquharson Esqr. of Invercauld and the heirs of 
Entail succeeding to him in the Estate of Invercauld of All and Whole 
the Lands of Cults and also the Lands of Tombelly and Dalbedie 
containing Procuratory of Resignation and Precepts of Sasine, Dated 26 
January 1803 ^^d Recorded in the Sheriff Court Books of the County of 
Aberdeen the 13th March 1806." 

Sasine followed 13th May 1806. 

This property, as well as the others (on the south side of the Gaim) 
which constituted the Monaltrie estate, was still held in liferent by the 
said William Farquharson, last laird thereof, till his death in 1828, and 
a portion of them by his widow till her decease in 1857. 



60 RECORDS OF INVERCAULO. 

DEE SALMON FISHINGS. 
These papers relate to the interest the Invercauld family acquired in 
the fishings at or near the mouth of the river, and date back to the 6th 
day of October 1585. In that year there is : — 

** An Heritable Charter of Alienation of the half netts Salmon 
Fishing with the profits, privil^es, and pertinents thereof, made and 
granted by the Deceast William Menzies of Ferryhill, Buigess of 
Aberdeen, to the deceast Alexander Jyfry, Burgess of Aberdeen.** 

This was followed by an Instrument of Resignation by Menzies in 
favour of Jeffrey ; and a Charter of Confirmation was granted by the 
Provost, Baillies, Council, and Committee of Aberdeen in the following 
year (1586), of which Sasine was takea 

Then follows : — 

"Disposition and Renn. of the Reversion of the said fishing 
made and granted by the said David Menzies to the said Alexander 
Jeffry, dated the 4th Feb. 1593." 

Proceeding on this, the Town Council of Aberdeen granted a " feu 
charter to Mr. Alexander JefTry, son of the late AlexancV^ JefTry, dated 
2nd September 16 17," and Precept of Sasine followed thereon. 

We then have : — 

•' Precept of Clare Constat granted by the Erovost and Baillies 
of Aberdeen to the said Alexander Jeffrey, Provost of the said Burgh, for 
Infefling him as heir male to the said Alexander Jeffrey, his father, in the 
foresaid fishing &c. of the date the penult day of May 1645.'' 

Sasine on which followed 

A Precept of Clare Constat, of date 13 Feb. 1674, Infefling Andrew 
Jeffrey to the right of these fishings is followed by Sasine same year. 
This Andrew Jeffrey conveys his rights to Mr. John Moir (of Stoneywood) 
in 1680, from whom they passed into the hands of Thomas Burnett and 
James Moir, and by them to John Gordon in 1725. 

There is then an " Inventory of Invercauld's progress to his fishings 
on the water of Dee 1754" These refer to the net fishinga From 
another Inventory (1788) it appears that Invercauld's interest in the 
salmon net fishings consisted of one-half of the whole net fishings on the 
Dee belonging to the Aberdeen Town Council 



ESTATE PAPERS : DEE SALMON FISHINGS. 6l 

From the terms of the above inventory of Invercauld's progress to his 
fishings, it is evident that the interest of the family in them b^^n at or 
about the time (1645) when they were acquired by Alexander Jeffrey, 
Provost of Aberdeen, as Robert Farquharson of Wardes (and Inver- 
cauld) had then a tack of two nets' fishing from the Provost It is not 
clear when or to whom Invercauld's rights were sold, but it may be 
assumed that it was not till some time after the date of the second 
inventory (1788) that they were alienated. 

The following advertisement is instructive as showing what know- 
ledge our forefathers had of the habits of salmon, and what they thought 
the best means of preventing their undue destruction. A kipper was 
a foul or spent fish — a kelt The peculiar feature, however, is the close 
time — from the end of March to loth May — now esteemed the best 
time in all the year for rod fishing on the Dee : — 

** Advertisement fy the Honourable, the Sheriff and Magistrates 
of Aberdeen, Judges and Justices, (pointed by Act of Parliament, upon 
the Rivers Dee and Don, and Grains thereof^* 

'' Whereas there are diverse and sundry Laws and Acts of Parlia- 
ment, made against slaying of Salmond, black or red Fish in forbidden 
Time, and against the killing, eating, receipting, and destroying of 
Kipper, Smolts, and Fry of Salmond at any Time, under the pain of 
fining, corporal punishment. Banishment, and being prosecuted as for 
Theft, and particularly, by the 86 Act, Par. 14 Ja. II. It is statute and 
ordained, "That no Man in Smolt time set Vessels, Creels, Weirs, or 
any other Engine to hinder smolts to go to the sea, under the Pain of 
Ten Pound, and that the Sheriff destroy the Engine." And suchlike, by 
the 37 Act of Ja. III. Par. 5, It is statute and ordained, " That all Engines 
that hinder the Multiplication of Fish, Salmond, Grilses, and Trouts be 
destroyed, and who holds them up, shaJl be indited and punished by the 
King's Justice ; and all Millers that slay Smolts with Creels, or any 
other manner of way, shall be punished by the King's Laws, and the 
Sheriff shall destroy all the Instruments. Moreover, by the 15 Act 2 Par. 
of Ja. IV. It is declared That the destroyer (sic) of red Fish and Fry of Fish, 
shall be a Point of Dittay. And the said Judges and Justices, taking to 
their serious consideration, how pernicious and destructive a Thing it is 
both to the Public and Private Interest of this Nation, to fish in Rivers 
with Rods, or any other Engine, whereby the Smolts and Fry of 
Salmond are caught and destroyed, and hindred from running to the sea 
in Smolt time, viz. from the End of March to the tenth Day of May. 
For Remid whereof, the said Judges and Justices strictly prohibite and 



62 RECORDS OF INVERCAULD. 

discharge all Persons whatsomeveri from fishing with any kind of Rods, 
Creels or any other Engines upon the said Waters of Dee and Don, and 
Grains thereof, or Bums running in thereto, from the end of March to 
the tenth Day of May yearly, in all Time coming, under the Pain of 
being punished as the Law directs ; and they grant Warrand to their 
Officers and their Assistants, to seize all Rods, Creels, and other Engines, 
that shall be found employed in fishing, during the foresaid space, and to 
summond the Offenders to underly the I^w for such crimes ; and 
recommends to all Masters of Families, Schoolmasters, Teachers and 
Instructors of youth. Masters, and Tacksmen of Milns, that they take due 
care to prevent all those under their Inspection, from being guilty of, or 
accessory to the above Crimes, with Certification, that if Siey be found 
n^ligent of their Duty, they will be looked upon as Connivers with the 
Transgressors, and holden as art and part of these Crimes. And to the 
end none may pretend Ignorance, the said Judges and Justices appoint 
this present Advertisment to be read and published yearly by the last 
Sunday of March, by the Readers at the several Parish Kirks lying 
adjacent to the said Rivers of Dee and Don ; certifying the Readers, if 
they n^lect or refuse to publish the same yearly, they will be punished 
as Contemners of Public Authority. 

" Given at Aberdeen, the 15 Day of March 1732 " William Forbes, 
Will. Smith, Baillie." 

A curious appointment is thus docketed : — 

" Warrand by the Sheriff and Magisterats of Abd. . To . . . 
pponisheing illegall fysheing on Dee or grains yrof wtin Crathie and 
KindrxKht 1706.'^ 

Then follows : — 

" Wee Andrew fTraisir of Kinmundy, Sheriff deput of Aberdein and 
James Catanach, Baillie of Aberdein, Justices apoyanted by Act of 
Parliament for punishing illegall fysheing upon the waters of Dee and 
Done and g^ainses therof, Doe hereby give full power and warrant to 
you, David Forsyth, in Kinaldy of Cromarr, to cist before us, the said 
Justices, all illegall fyshers of salmond, fry of salmond and black fish wtin 
ye paryshes of Crathie and Kindrochet To compear in Justice Courts to 
be holdin by us for that effere Att Aberdein, the . . . day of . . . 
next to come to underly the law at the instance of Mr. Alexr. Lesly 
Procr. fiscall to the said Justices for the sd. ill^all fyshing, with 
Certification given Att Aberdein this threttenth day of December seven- 
teen hundred & six years 

And. fraser 
James Catanach" 



ESTATE PAPERS: GLENGAIRN. 63 

David Forsyth seems to have been a sort of SherifTs Officer, whose 
sphere of operations extended over the wide distHct specified. Although 
his name is not entered in the Poll Book for the Parish of Coldstone, 
compiled ten years previously, he was certainly a tenant of John 
Farquharson of Invercauld, to whom he most probably owed his 
appointment It would appear that a special commission had to be 
issued to him before he was warranted to summon salmon poachers 
before the Justices, so slight was the offence considered in those days. 
More stringent measures were not long after adopted, as appears from the 
above cited advertisement, but the law was very little r^arded, and the 
penalties seldom exacted till far within the present century, when the 
Statute 24 & 25 Vict C. 97 put an effectual stop to any poaching out of 
season. 

GLENGAIRN. 

The properties mentioned under this heading do not include all the 
Invercauld lands in the valley so named, nor in the old parish. In both, 
several old properties appear under distinct headings. Those here 
embraced are situated in the middle and lower portions of the valley — 
that part locally particularized as Glengaim. The earliest connection of 
the Invercauld family with this district, noticed in these papers. Is 
contained in a rather lengthy document regarding the property of 
Rinabrouch. It is to the following effect : — 

'*Be it known to all men by thir presents. Me Thomas Erskine 
alias McGr^or of Rinabrouch, feuar of the lands and others under- 
mentioned &c &c Do therefore sell and dispose, and have hereby sold 
and disposed &c &c to Alexander Farquharson and Elizabeth Macintosh 
his spouse &c All and haill that four oxgates of the Lands of Rina- 
bruch &c" 

The deed closes thus : — 

"In virtue (witness) whereof, written by James Thomson, Notar 
public, I have subscribed these writs at the Kirk of Crathie by the hand 
of the said James Thomson, the seventeenth day of November one 
thousand six hundred and seventy five years. (17th Nov. 1675)^ 

J. THOMSON &c 
J. Farqrson, Witness, 
Robt F. Witness, 
Farqrson Witness, 
Alexn Davidson Witness," 



64 RECORDS OF INVERCAUUX 

Thomas Erskine was an assumed name. He was really a 
McGr^or, one of several of his clan who had got possessions in Glen- 
gaim during the Civil wars ; but the name, McGregor, being proscribed, 
those of them holding lands generally adopted the surname of their 
superior, hence Erskine, as Rinabrouch was held under the Earl of Mar. 
McGregor could not write, but held a written charter from the Earl of 
Mar, with Sasine following, of the Lands of ** Rhinabroth " of date 1633, 
both of which are preserved among the Invercauld papers. 

Alexander Farquharson and Elizabeth Macintosh were the Laird 
and Lady of Invercauld, the parents of JOHN, who held the estate for 56 
years, and was out under the Earl of Mar in the '15. 

In the Poll Book (1696) the valuation of the Laird of Invercauld 
within the parish of Glengaim is stated at £66y and is limited to this 
single holding of ** Rinabrught," one of the four tenants on which was 
a John McGrigor. 

Rinabrouch is situated on the south, or right bank of the Gaim, 
about 4 miles above Ballater. It consists of a stretch of haugh land 
along the river, shut in on the south by a very steep bank or brae, from 
which it takes its name, which signifies the lanJ beside, or of the ste^ 
bank. 

The lands in this valley subsequently acquired by Invercauld were 
mostly those previously possessed by the Irvines of Drum, and those 
forfeited in consequence of the participation of their owners in the 
Jacobite risings of 171 5 and 174s* The following extracts will 
sufficiently illustrate the manner in which these possessions passed from 
one proprietor to another : — 

"Disposition by William, Lord Braco, to the said Alexander 
Stewart and his heirs and Assignees whatever whereby for the sum of 
j£'i733 6s. 8d. Scots, His Lordship Sells and in Wadsett dispones to the 
said Alexander Stewart All and Whole the following parts and portions 
of the lands and Lordship of Balviny, viz The lands of Easter Caldwell 
as possessed by Thomas Grant of Auchayninee and his tenants, and as 
the same are specified and Contained in his and his Author's Feu 
Charters and Infefments thereof, comprehending the mains of Easter 
Guildwell, Tombreck, Windiehilloch, Claypotts, Belnacoill and Tovm 
lands of Tanzie, with the whole other parts and pendicles of the said 
lands of Easter Gauldwell of whatever name or designation the same 



ESTATE PAPERS: GLENGAIRN. 65 

may bear, and whole houses, biggings, mosses, muirs, parts, pendicles 
and pertinents thereof and Teinds of the same, lying in the Parish of 
Boharam and SheriflTdom of Banff— And All and Whole these other 
parts and portions of the said lands and Lordships of Balvenie called the 
Ikads of Newton as the same were possessed by the deceast Thomas 
Law of Newton and as they were contained and specified in his and his 
author's Feu Charters and Infeftments of the same, comprehending the 
Mains of Newton, Shaddawside thereof, the town and lands of Blackfold, 
Steelbow, Little Newton, Kirklands, and Bracohead, Overtown, Belna- 
garrow, Bellnellan with the whole other parts and pendicles of the said 
lands of Newton falling under and contained in the said Feu Charters 
and Infeftments and Teinds of the same, all lying in the said Parish of 
Boharm and Shire of Banff redeemable as therein mentioned, which 
Disposition is dated 17th Feb 1753." 

Following on this, a month later, there is recorded : — 

" Charter of Resignation, under the Seal used in Scotland, in 
place of the Great Seal, in favors of the said Alexander Stewart the 
lands, teinds and others specified in the last mentioned Disposition 
dated the 17th Feby. and written to the Seal and Sealed the 23rd 
March, all in the year 1753 " 

Sasine followed thereoa 

This Alexander Stuart would appear to have been an administrator 
of this and other properties under the Earl of Fife, and, in the arrange- 
ment thus come to, he continued so to act till 1769, when we find : — 

« Disposition by the said Alexander Stewart Esqr. in favor of 
William Rose, Factor to the Right Honble. James, Earl of Fife, his 
heirs and Assignees of All and Whole the foresaid land of Gauldwell 
and Newton in Banffshire and Rinabroch, Inverenzie, and Culsh in 
Aberdeenshire, dated the 23rd Oct 1769." 

Of the same date in that year we have : — 

" Prorogation by James, Earl of Fife, heir general and of Tuilzie 
of William Earl of Fife, his father, to the said William Rose during his 
life and till the first term of Whitsunday after his death, of the Right of 
redemption of the foresaid Wadsets conceived in favor of the said 
Alexander Stewart, Esqr. over Gauldwell and Newton in Banffshire, aiid 
Rinabroich, Inverenzie, and Culsh in Aberdeenshire/' 

William Rose thereafter obtained a Crown Charter on these lands, 
with their pertinents, dated i6th August 1770, and Sasine followed, 

I 



66 RECORDS OF INVERCAULU 

There is then rooorded : — 

" Prorogation of Resignation by the said William Rose with 
the consent of the said James, Earl of Fife, and Alexand Stewart, of the 
aforesaid lands in Aberdeenshire and Teinds thereof in favors of the said 
William Rose his heirs and Assignees under Redemption, dated 3rd 
July 1772 ; " and a charter to the same effect follows 26th August 1772. 
and Sasine is made thereoa 

The lands continued under this tenure till 1790, when we have : — 

"Disposition, Homologation, and Discharge by the Right 
Honble. James, Earl of Fife, To and in favor of the said Wm. Rose of 
the Right of Redemption or Reversion of the Wadsetts of the foresaid 
lands which is dated the 7th and R^d. at Aberdeen in the PartL 
Raster of Sasines the loth and at Edinburgh in the General R^fister 
the 28th day of August 179a" 

Rose seems to have got into pecuniary difBcnlties ; for, afiier some 
processes at law during the year 1794, he grants Disposition to Captain 
Alexander Rose of the 20th Regt of foot, in Liferent of all these Glen- 
gaim properties with their pertinents, dated the ist day of May 1801 
years, and Sasine followed. 

A few years after, there is a Trust Disposition by the said William 
Rose in favor of Mrs. Rose, James Rose Innes, and William Gordon 
Esquires, dated 5th July 1805. 

Then there is a Decree Absolvitor and for Expenses at the instance 
of the Trustees of the late William Rose (who seems to have died in the 
previous year) against the Trustees of the late Eari of Fife, dated 4fh 
February 1806. These Trustees then " Disposed of these Estates in 
favour of Francis Garden Esqr, Junr of TrBup, and their supperiority in 
Deeds dated 22nd 24th and 30th January and 6th February 181 1.** 

Then follows : — 

" Disposition and Assignation by the said Francis Garden to 
Mrs. Farquharson of Invercauld, dated 24th and 30th January and 6di 
Feb. i8ii." 

An these deeds are in the repositories at Invercauld. 

The common account is that Francis Garden, yor. of Troup, held 
these lands under lease or wadset during the whole time (1801-1811) 
they were in the hands of the Trustees of the Earl of Fife ; that he 



ESTATE PAPERS: INVERCAULD. 6^ 

built a shooting lodge, long named after him, Garden Shiel — now, Gairn 
Shiel ; and' that he annually spent much of the sporting season there. 

From the dates of the later documents it is evident that Mr. Garden 
only acquired l^^l possession in order to transmit his rights to Mrs. 
Farquharson of Invercauld. 

INVERCAULD. 

Originally the Barony of Invercauld was not of large extent The 
object of the great feudal lords was to attach to their service as -many 
dependants as possible. They accordingly portioned out their immense 
estates to their kinsmen and influential followers in small holdings, that 
they might thus be enabled to endow or reward the greater number. 
The Earls of Mar adopted this plan in their gifts of land, bestowing them 
not by written charters, but according to old Highland custom, by oral 
declaration in the presence of an assembly of the clan convened for the 
purpose, generally at the Superior's court or at the parish kirk. 

Finla Mor, bom 1487, and possibly his father before him in right of 
his wife, held Invercauld under this tenure. The universal tradition of all 
branches of the Farquharson clan is that the previous holders of the 
property was a family of the name of Stewart, somehow related to the 
House of Mar, and by consequence to the Royal Family of the time of 
Robert III.» 

The head of the family of Stewart of Invercauld, at the beginning 
of the 1 6th century, was baillie over the Earl's lands in Braemar, in 
which office he was succeeded by his grandson, Finla Mor. When the 
Earl of Huntly, as representing the Crown, into whose hands the 
Earldom of Mar had fallen, became administrator of its immense 
revenues, he continued Finla in his office. Such is the traditionary 
account of the accession of the Farquharson family to Invercauld. If it 
fell out so, it explains the circumstance of Finla Mor's being selected to 
carry the Royal Standard at the battle of Pinkie. He did so not merely 
on account of his great stature and bravery, but in right of being 

I It was a current belief in Braenur half a century ago that a family of Stewarts, then residing 
there, could trace their descent from the " Wolf of Bodenodi," the brother of Robert III. and 
the frlher of Alexander Stewart, the hero of Harlaw (1411), and the first Ea|( of Mar of the 
Stewarti 



I 



68 RECORDS OF Il^VERCAULD. 

Huntly's representative in the Highlands His infeftment into this 
office and in the barony of Invercauld may therefore be approximately 
stated as at IS 30 A.D. The extent of the barony at that date would 
probably be the same as that defined in the charter of the Earldom of 
Mar granted by Queen Mary to her brother, the Regent Moray, in 1564, 
the dues from which were as follows : — 

" Terras de Invercald extendentes annuatim ad quinque libras firme, 
dimidiam partem marte, duos mutones, sex lie reik hennis, vnam bollam 
avenarum, pro areagiis et careagiis viginti duos solidos sex denarios, et in 
quinquenio decem libras graasume." 

It may be of interest to note that in this charter there are no 
fewer than 17 distinct properties or lairdships specified in the parish of 
Kindrochet or Braemar, and the same number in the parish of Strathdee 
or Crathie. 

Next year (1565) Queen Mary bestowed the Earldom on the rightful 
heir, John, 5th Lord Erskine, whose family had been unjustly deprived of 
it for the long space of 130 years. 

This Earl, the most distinguished of his line, had been educated at 
Court, where he was the playfellow and bosom companion of King James 
VI., who was wont in after years familiarly to address him as "Dear 
Jock." He was a man of high culture, and for a tirilc R^ent of the 
kingdom. He it was who first recognised the justice of granting legal 
charters over his Highland fiefs ; and in 1632, two years before his 
death, he caused some of these to be issued to his tenants in Braemar. 
The earliest in date is that to John of Invercauld, the grandson of Finla 
Mor. The deeds granted at this time, with their seals attached, are 
preserved in the charter chest at Invercauld As entered in the "Book of 
Inventories," they are thus described : — 

1st " Contract between the Earl of Mar, with consent of his son, 
and John Farquharson of Itivercauld, whereby the Earl Binds himself 
to Sell to John Farquharson that Davoch and half davock of land in the 
Brae of Mar called Invercauld, comprehending the lands of Binnich, 
Invercanlish, and others, with the Glens of Glencalater, Glenboig 
(Glenbeg) with the Teinds of the same. Dated 27th August 1632." 

2nd "Charter by the said Earl and his son to the said John 
Farquharson in terms of the said Contract of the said lands and others, 
dated said 27th August 1632." 



ESTATE PAPERS: INVERCAULD. 69 

3rd "Instrument of Sasine in favour of the said John 
Farquharson, proceeding on the' said Charter, dated the 6th of October 
1632." 

4th ** Tack of the Teinds of the said lands by the said Earl and 
his son to the said John Farquharson for 21 times 19 years from Lambas 
1632, dated 22nd August 1632/' 

The granting of these charters caused no little stir among the small 
Highland lairds. Those who had received them questioned the privileges 
claimed by those who had not, while they in their turn disputed the 
validity of the " sheep-skin writs," as they contemptuously termed the 
charters. Marches and privil^es of grazing were the most frequent 
sources of strife. John Farquharson of Invercauld and his son, Robert, 
had their own share of these troubles, as several papers show. 

John died in 1632, or early in 1633. 

By the wise and enlightened policy pursued by his successor, 
Robert, the family estate was greatly enlarged. (^See the paptrs on 
AberardeTy Wardhouse^ &c.) He held the estates during the troublous 
times of the Civil War, but took ho active part in it {See Genealogical 
and Family papers^ 

He died in 1654, and was succeeded by his eldest son, Robert, the 
third of that name (since the death of Finla Mor) who had been laird of 
Invercauld Dying without issue in 1666, he was succeeded by his 
brother, Alexander, whose tenure of the property was a somewhat 
eventful one for the family. 

The first document relating to him among the estate papers is thus 
recorded : — 

" Precept of Clare Constat from the Earl of Mar and his son 
in favour of Alexander Farquharson, Grandson of the said John 
Farquharson for infefting him in the said lands and others, dated 30th 
March 1667." 

That is followed by :— 

" Instrument of Sasine thereon in favour of the said Alexander 
Farquharson, dated 3rd April 1667," 

Wherein is specified at much length the several properties then 
constituting the estate of Invercauld, which was soon to be augmented 
by: — 



70 RECORD6 OF INVERCAULU 

" Disposition by Lord Mar to the said Alexander Farquharson of 
the pendicle called Altivaird, dated 2d September 1676 ;" 

As also by : — 

^ Disposition from Lord Mar to the said Alexander Farquharson 
of the Woods of Invercauld, dated 21st September 1676.* 

Alexander died in 168 1. 

The Earl of Mar, in whose eyes Alexander Farquharson had found 
such favour, was Charles, tenth Lord Erskine, who had a difficult part to 
act in the rising of 1689. 

During the long minority of 13 years, which followed on tiie death 
of Alexander in 168 1, the estate, through the trust management of the 
dowager lady and her father, Mcintosh of Mcintosh, underwent several 
important modifications. The low country estate of Wardhouse was 
sold, while some other small properties were acquired. 

Alexander was succeeded by his eldest son, William, who had 
little more than attained his majority when he died, unmarried, in 1694, 
and was succeeded by his brother, John, then in his 21st year, and 
married. — (5«r Getualogy.) 

Negotiations had, during William's brief tenure, been entered into 
for the purchase of the two baronies of Kinaldie and Melgum, but had 
not been completed. The final arrangements for the purchase, and 
several important estate and family matters, claimed his attention in the 
early years of his occupancy, and gave him much useful experience in 
both public and private affairs — an experience that stood him in good 
stead in his subsequent eventful career. These matters will be noticed 
under the section treating of the family papers. 

He had been but two years in possession when the valued rental of 
properties, for the purpose of taxation, now known as the Poll Book 
(1696), was made up. It may therefore be of some interest, in default of 
an extant rent roll of the period,* to take an estimate of the Invercauld 
estate as there set forth. Of course such an estimate is exclusive of the 
large properties held by the family in Perthshire. 



ESTATE PAPERS : KINDROCHET, CRATHIE, GLEWGAIRN, COLDSTONE. 71 

PARISH OF KINDROCHET (BRAEMAR). 

"The Valuation of the said parochin is ... ;fi6i5 3 4 

" The Laird of Invercauld, as greatest 
heretor in the said parochin of 
Kindrochet, his valuation is jf333 6 8." 

Or about one-fifth part of the whole. 

The separate holdings, which were clachans or hamlets with a very 
considerable population in each, were — EUenmorre, Auchinstrine, 
Tanrich, Invercauld, Bellach, Killoch, Achighouse, and Dellfork. There 
were at this time within the parish no fewer than 12 proprietors, or 
portioners of lands. 

PARISH OF CRATHIE. 
"The Valuation of the said paroche is ... jf 1932 13 4. 

" The Laird of Invercauld, being the greatest 

heretor, his valuation within the said paroch is j£'230 13 4." 

Or little more than one-ninth of the whole. 

The Commissioners do not specify the particular holdings, but it is 
not difficult to discover that they were principally five in -number, and 
were situated mostly in the valley of Aberarder, with oxgates and 
pendicles in Lawsie and Craichenaird. The number of separate pro- 
prietors was ten, some of them only portioners of properties. 

PARISH OF GLENGAIRN. 
"The Valuation of the said pariochin is ... £g8s o a 

" The Laird of Invercauld his valuation 

in the said pariochin is £66 o a** 

The property is Rinabught (See GUngaim,) There were in all 
eight proprietors in this parish. 

PARISH OF COLDSTONE. 
"The Valuation of the whole parochin is ... £^S7i o a 

" The Laird of Invercauld, being the greatest 

beritore in the said pariochin, his valuation is £i2$o o o/' 



72 RECORDS OF INVERCAULD. 

or nearly four-fifths of the whole parish, which numbered only five 
proprietors. The individual townships belonging to Invercauld will be 
noticed under the headings of Coldstone, Kinaldie, and Melgum. 

The total annual rental of the Invercauld estates in Aberdeenshire, 
according to this valuation, afterwards known as the ** old Valued Rental 
of 1696,** amounted to jf 1880, to which falls to be added the rental of the 
Perthshire estates, the amount of which at this date has not been ascer- 
tained, but which by an estimate made a century later (1794) realised 
between ;f 600 and ;f 700. — {See Old Statistical Account^ 

The acquisitions made to the family estates by John Farquharson 
and his son, James, during their long tenure (1694-1805) fall to be noticed 
under their respective headings, and may be omitted hera 



DEEDS OF ENTAIL 

"Description of Lands 

Composing 

The Estate of Invercauld 

Taken from the Deeds of Entail executed by the late 

James Farquharson Esq. in 1788 and 1803. and from 

other authentic Titles. — October 18 11. 

Invercauld. 

^ All and whole the Lands and Barony of Invercauld comprehending 
therein the particular Lands, Teinds, free forrestries, mills, woods, fishings, 
and others after specified, vizt All and whole that Davock and half 
Davock of Land in the Brae of Marr called Invercauld within all the 
Bounds meiths and marches thereof, comprehending therein the lands 
and others particularly after specified, vizt All and whole the Lands of 
Binnuich, Inverchanlick, AUanmore, Cluny, Dalchork, Torinveck, the 
mill and town of Invercauld, with the mill, milllands, multures, and 
sequels thereof, the Lands of Auchinskeach, Lainvalluk, Killoch, 
Invercauld, Auchidiness, and Altavaid with the manor place of Inver- 
cauld, Tc^ether with the Glens of Callater, Glenbeg, Corryvoue, 
Glenbrownie north side of the water of Badack, Glencanlick and 
shealings upon the water of Gaimbe-west, Auldpheubel, and others 
belonging to the said Davock and half Davock Land. Tc^ther also 
with the Teinds both parsonage and vicarage of the said whole lands 



ESTATE PAPERS: INVERCAULD. 73 

with the pertinents. As also that part of the Forest of Marr called 
Beachan marched on the west as wind and weather shears with Altinabin, 
and from thence in a direct line to the top of Camdrochet as the same 
was caimed and marched with John and Joseph Farquharson of AUan- 
quoich, and on the north as wind and water shears, with Glenavin, and on 
the East and South, with the sources of the water of Gaim and Glen- 
canlick belonging to me, all lying in the Parish of Kindrochet and 
Sheriffdom of Aberdeen, which lands above mentioned are parts and 
pendicles of the lands of Braemar " 

The following is a list of old properties constituting the Invercauld 
estate as existing in the year i8u : — 



"LIST OF OLD INVENTORIES:— 

I. — Lands Holding of the Crown: 

1 Invercauld, lo Cronacberrie, &c. (Perthshire), 

2 Aberarder, ii Pittentaggart, or Migvie Kirklands, 

3 Bellemoir, 12 Kinaldie, 

4 Castietoun and Glen of Baddoch, 13 Melgum, 

5 Crathie, 14 Coldstone, 

6 Lawsee, 15 Kinloch (Marlee), Perthshire, 

7 Wester Micras and Torragalter, 1^ Lundeath, „ 

8 Rashar Karrie (Perthshire), 17 Roquhalloch (Rochoilly), 

9 Upper and Nether Spittals, &c. Perthshire, 

(Perthshire), 18 Soleries, „ 

II.— Lands Holding of the Duke of Gordon : 
I Aucholzies, &c., Glenmuick, 2 Breichly, &c., Glenmuick. 

^ 

III. — Lands Holding or the Duke of Athole: 

1 Binzeanmore, Perthshire, 3 Conivoich, Perthshire. 

2 Reinakechra, „ 

IV. Lands Holding or Lord Fife : 

1 Wester Micras, 6 Achalater, Erskine's Portion, 

2 Easter Micras, 7 Easter Migvie (Cromar), 

3 Tullochcoy, 8 Cults, &c. (Glengaim), 

4 Coldrach (Camusnakist), 9 Dalbeddie (Dalbagie), 

5 Achalater, Grefrar's Portion. iq Tombelly (Balgaim). 
K 



74 RECORDS OF IWERCAUUX 

y.— LAims Holding Now or Formsely or KAOOBrm : 
X Ide of Drommyy Perthshire. 

VI.—- Lands Holding Now or Formerly or Gsnsral Graham 
or Balgowan : 
X Wester Milloun of Maws and 3 Cammis and Thomb (Pertfidure). 

Pickstone (Perthshire), 4 Lands of Cuthills (Perthshire)." 

9 Caimbutts, „ 



MANOR HOUSE. 

The '* House of Invercauld/' as it was wont to be called, is of 
considerable antiquity. There is some reason to believe that there was a 
mansion, if not a stronghold, long before we have any written records of 
it What form the mansion presented when it first became a residential 
place of consequence, it would be impossible now to conjecture ; but 
judging from the character of the masonry of the oldest portion now 
extant, the walls of which are from 5 ft to 7ft in thickness, and comparing 
them with those of the basement walls of Braemar Castle, there are good 
grounds for holding that both belong to the same period, and probably 
the two structures were originally of the same style of architecture, and 
very diflferent in each case from what they are now. The roost probable 
era to assign to both is the reign of James IV. (1488-15 13), or perhaps 
somewhat earlier. 

Whatever may have been the extent or style of the house at the 
death of Finla Mor (1547), it is probable that it underwent little change 
during the next century. It was not a time when much attention was 
paid, especially in the Highlands, to architecture of any kind. The 
receipt of written charters (1632), as conferring greater security, may 
have disposed the holders to provide more comfortable residences ; but 
there is no record of any change on, or addition to, the House of Inver- 
cauld till the estate was several years in the peaceful and prosperous 
possession of Alexander Farquharson. In 1679 measures were taken for 
what would appear to have been large additions to the mansion. 

At Overhall, the residence of his brother-in-law, the Laird of Inver- 
cauld met the offerers for the work ; and there is still extant : — 



I- t 



'— ■• . • t. 













^' 



^ 



lb 



,1 



Vv.,: 



■1 i 1 1 N L .' 



ASTUR. LtNu< A\ 



ESTATE PAPERS : INVERCAULD. 75 

" Contract, dated att Overhall 13th March, 1679, between Alex- 
ander Farquharson of Invercald, and William and Francis Gordon, 
masons at NethermiU of Alford, for Buildings at Invercald, according to 
plans submitted to them.** 

Had the plans been preserved a pretty correct judgment might be 
formed of the extent of the mansion when completed. The circumstances 
of the family during the 20 years that followed the death of Alexander 
(i68i) did not require, or offer facilities for, further extension ; but it may 
be supposed that when such an enterprising and capable man as his son, 
John, came into possession of the estates, he would, after settling many 
difficult family matters, turn his attention to his home comforts. At least 
we know that, when the Earl of Mar in 17 15 came north to levy an 
army for the restoration of the Stuarts, he found Invercauld the most 
commodious and suitable place for his residence, and accordingly took 
up his abode there. 

The anonymous author of the '* View of the Diocese of Aberdeen *' 
(Spaldii^ Club Ant Vol. I., pp.642-643) writes under date 1732 : — 

" IffVERCAULD, considerably adorned of late with new buildin^s^ and 
surrounded with a birch wood, is the seat of the chief of th^ Farquharsons 
(who abound in these two parishes)." 

Of the old Castle of Kindrocht the same author writes v^ 

" The King's Castle of Kindrocht, now ruinous, (is) said to 
have been built by King Malcolm III., and to have been inhabited (as 
well as Kildrummy) by the Earls of Mar, of the Royal family, of which 
race of Stuarts there are some few families here yet remaining/' 

He also adds : — 

« The Duke's Castle (Braemar Castle) at the church, (was) built 
by (John) Earl of Mar, grandfather to the present John, Duke of Mar. 
The English kept a garrison here, under Cromwel ; but the castle itself 
was burnt by the Revolution army." 

It is perlu^ mmeooMuy to explain Uiat the Duke* who is said to own the Cftstle, was the 
rebel Earl of Bfar, not the Duke of Brunswick, as the writer in a previous paragraph styles King 
Gcoige. Buty truth to tell, the Castle at that date belonged to neither King, Duke, nor Earl, 
bot to Mr. Farqubanfon of luTercauld, he having bought it the previous jrear from Loid Grange 
aad the Laird of Dun, who had acquired the Earl of Mar's forfeited Unds and rights. 

The adornment to which the writer refers cannot mean the buildings 
added by Alexander, for that took place not lately^ but fifty years before. 



76 RECORDS OF INVERCAULD. 

It is probable the recent improvement on the mansion was effected after, 
and perhaps in consequence of the birth of John Farquharson's son and 
heir in 1722. When that son succeeded his father in 1750, neither the 
taste nor the means were wanting to make the House of Invercauld a 
suitable residence for the proprietor of one of the laigest estates in the 
Highlands. Accordingly, in the course of his long lifetime, many 
additions and improvements were made, resulting in the mansion as 
represented in the illustration, p. 74. 

KINALDIE. 

The earliest notice of these lands is in a service of John Forbes as 
heir in special to his father, Alexander Forbes of Kinaldie, in the lands 
and Barony thereof, dated 30th April 1505, a Sasine whereof is 
recorded 20th May following. 

A Charter of Confirmation, under the Great Seal, is granted 
by John Forbes of Pitsligo of these lands in favour of his son, Henry. 

Another Charter of Confirmation, under the Great Seal, of the 
above charter Js granted in favour of his son, William, dated 24th 
July 1548. 

The next we have is more than a century later : — 

••Contract of Sale between Alexander, Lord Forbes, and 
Alexander Forbes of Boyndlie, of the lands and Baroney of Kinaldie, 
dated 30th Nov. 1655." 

Sasine thereon follows, 17th July 1656. 

"Charter of Resignation, under the Great Seal, in favour of 
the said Alexander Forbes of Boyndlie, proceeding on the Procuratory 
contained in the Disposition from Lord Forbes, and erecting the Lands 
of Kinaldie, Melgum, and Grodies, and Patronage of Coldstone Kirk into 
a Baroney, dated 15th August 1664." 

This arrangement seems to have been made in 1656, although it did 
not take effect till 1664, in which year the said Alexander Forbes was 
l^ally infefted in the lands. 

In a Retour of Special Service, Henry Forbes, as heir to his 
father, Alexander, is invested in these lands. The Retour is dated 2Sth 
November 1681. 



ESTATE PAPERS: KINALDIE. yj 

Proceeding on this Retour, the said Heiiry Forbes is by Precept 
FROM Chancery served heir to his father, and Sasine follows thereon. 

Then we have : — 

"Disposition from the said Henry Forbes to James Forbes of 
Kinaldie of the Baroney of Kinaldie, exclusive of Melgum which had 
previously been conveyed to Henry Elpthstone (sic), dated 26th March 
1692." 

This Disposition to Henry Elphinstone was given under a mistake, 
and gave rise to much trouble. 

On this matter there is this note : — 

" William Farquharson of Invercauld acquired right to a number of 
Adjudications laid against Henry Forbes of Boyndlie, affecting the 
Baroney of Kinaldie, etc, and it appears from the Scroll of a Bond for 
part of the Price of Kinaldie that Henry Forbes had afterwards Disposed 
these lands to John Farquharson of Invercauld by a DISPOSITION, dated 
19th May 1694." 

John Farquharson is this year (1694) served heir to his late brother, 
William, and has a long and eventful possession of the Invercauld 
estates. 

One of the first complicated questions he had to dispose of was this 
in regard to the difficulty occasioned by Henry Forbes granting two 
Dispositions of the same lands to different persons. 

In order to settle this troublesome matter, John Farquharson of 
Invercauld drew up an 

" Instrument of Resignation in favor of himself of All and 
Whole the lands of Kinaldie, Superiorities of KJroddies, Patronage of 
Coldstone, the lands of Coldstone, and Baroney of Melgum, proceeding 
on the Procuratories in the Dispositions from the said Henry Forbes and 
Henry Elphinstone, dated 19th July 1695." 

This Instrument of Resignation was followed by : — 

A Charter, under the Great Seal, in favour of the said John 
Farquharson, dated 26th July 1695. 

In order to pave the way for this charter there had been : — 



78 RECORDS OF INVERCAULD. 

" COM'ISSIOME FFOR TAKING THE 

JUDiCEALL Ratification and Renunciation 

OFF 

Mary Elphinstone 
In favour of 

WiLUAM FARQUHARSON OF INVERCAULD 1694." 

This is a very lengthy legal document granted by ** Andrew Fraser 
of Kinmundy, Sheriff Deput of Aberdeen, and Thomas Hay, Sheriff 
Gerk of the said shire,** containing the above Ratification and Renund- 
atioa The lands with their privil^es and perquisites, so renounced fai 
favour of Invercauld, are those of Kinaldy, Coldstone, Newton, in brief, 
those known as the Western Barony, with the superiority of the 
Groddies. The disposer is designed '^Mafy Elphinston, relict of the 
deceast Alexander Forbes of Boyndlie, now spous of James Elphinston 
of Glack.** The document contains the signatures of Andrew Fraser 
and Thomas Hay, and of the witnesses, John Anderson and Alexander 
Thomson, Advocates in Aberdeen, and is dated 13th day of January 
1694. 

In connection with the early management of these properties the 
following case at law may be noticed : — 

" Horn : & Poynd : 

Farquharson, 

Agst 

Bannarman &c" 

This case, which shows the difficulties landlords often experienced 
in negotiating the sale of the produce of their estates, is recorded at 
great length in several documents, all much torn, evidently from frequent 
handling. 

After passing through the inferior courts of law the case came before 
the Lords of Session on the petition of the pursuer. It is thus set 
forth :— 

« Anne, by the grace of God &c 

*" FORASMUCHAS. It IS &c by our Lovt John Farquharson of 
Invercauld that where by contract past betwixt Roderick Forbes of 
Brux, as having warrand from said Complainer confixm to Commission 



ESTATE PAPERS: KIKALDIE. 79 

dated 27th day of November 1707, on the ane pairt, and Alexander 
Bannarman and William Gibson, maltmen in Abeideeny on the other 
pairt, of the date the loth day of February 1708. The said Roderick 
Forbes, as having warrand from the said Complainer, Sold to the said 
Alexr. Bannarman and William Gibson forty bolls bear, good and 
sidlident merchant staff of the growth of the sd Complainer his lands of 
Pittalacfaie, cropt 1707 years, and oblidged him, the sd Complainer, 
should deliver the same to the skL Alexander Bannarman and William 
Gibson at the bui^h of Aberdeen betwixt and the last day of May 1708' 
3rears under the failzie of ten shillings Scots for each undelivered boll. 
For which cause the said Alexr. Bannarman and William Gibson band 
and oUidged them conjointly and severally, their aires &c to content and 
pay to the sd CcMn'h*, his aires &c Seven Merks Scots for each boll of the 
forsaid bear that should be so delivered to them, and that at T^mbass 
then next coming 1708 jrears with the fifth part of the said pryce of 
liquidate expenses in caice of failzie, Together with the ordinar at rent 
(interest) of the sd principal soume ay and so long as the soume 
should remain unpayed after the said term of payment above written, as 
^e contract &c registrat in the Court Books of Aberdeen, and ane 
Decreet of the Commssrs thereof interponed thereto upon the 3d day of 
Jany. last bypast, containing ane precept in the end thereof, and 
charge given be virtue of the same, shown to the Lords of our Council 
and Session, has testified Which charge the said Alexander Bannarman 
and William Gibson refuse to obey without they be compelled 
*OuR Will Therefore is &c." 

Then follows the usual form of putting to the horn and the con- 
sequences of disobedience unless all was fulfilled according to contract 
widi ten days. 

''Given under our signett at Edinburgh, i8th March 1709, (in the 
usual form> (Signed) Cha: Farqrson. 

Written by John Gordok*' 
The next document in the case is styled : — 

** Caption— 
Farquharson 

Bannarman &c,'' 
And sets forth as follows : — 

" Anne By the grace of God &c 

'' Forasmuchas upon the i8th day of Aprile instent Alexander 
Baaaaniuifi and William Gibson, maltmen in Aberdeen, were orderly 



80 RECORDS OF INVERCAULD. 

denounced Rebells and put to the horn be virtue of letters of homing 
purchast against them by the complainers' instance for not payment 
makeing to them of the Soume of Seven Merks Scots for each boll of 
fourtie bolls of bear with the fifth part &c according to contract registrat 
&c and testified by our letters of homing and precept attached thereto. 
At the process of which homing the sd Alexander Bannarman and 
William Gibson, rebells forsaid, lyes and abydes unrelaxed therfirae and 
takeing no fear nor regard thereof, bauldly haunts, frequents, resorts, and 
repairs to Kirk, Mercate and other publick and private places within the 
north pairt of our united Kingdom of Great Brittain called Scotland as if 
thev were our free lieges therein in high contempt of us, our authoritie, 
and laws, and in evill example to others to commit the like in time 
comeing to the sd complainers* heavy dammage, skaith, and prejudice 
without we and the saids Lords of our Councill and Session provide 
remede thereto in manner and to the effect underwritten as is AUeadged. 
"Our Will is Therefore and we chaige you straitly &c 
Sheriffs Deputes, Baillies &c &c to pass search, seek, ts^ke, and 
apprehend the sd Alexander Bannarman and William Gibson, rebells 
forsaid, wherever they are or can be apprehended within the bounds of 
their respective offices and jurisdictions, and being apprehended therein 
to putt, keep, withhold and detain them in sure warde, firmance and 
captivitie within our tolbooth and others our warding places, therein to 
remain upon their own proper charges and expense ay and while they 
have fullfiUed to the sd complainers the command and chaige of our 
forsd other letters and be orderly relaxed from the process of our homing 
as writd therein contained. And if need beis that ye make steicket and 
lockfast doors, henges and gates open and patent and use our keys 
thereto for said effect within three dayes next after they be charged by 
you thereto under the pain of rebellion and putting them to our horn 
with certification to them if they failzee therein within sd three days 
being bypast that our laws will be direct chargeing them thereto 
simpliciter, and if thir our letters be put in Execution within our Burgh 
of Edinburgh that the concurrence of the Magistrates thereof be craved 
and had thereto. ACCORDING to Justice Because the Lords have seen 
the regstrat horning &c Given under our Signett At Edinburgh the 
19th day of Aprile, and of our reign the 8th year, 1709. Ex delib. &c 

"Cha: Farqrson 

« Written be Fetter Gordon, my Secrt" 

The lands of Melgum followed almost pari ^su the same fortune as 
those of Kinaldie. 

In Lumsden's " Family of Forbes " the estate of Kinaldie is called 



ESTATE PAPERS: LAWSIE. 8l 

Pittallachie, which seems to have been the older name and where the 
mansion house was situated, the ruins of which may still be traced. 

The old family, now represented by the house of Boyndlie, can trace 
their origin backwards to " Sir John Forbes with the black Hpp." 

LAWSIE. 

The first document in regard to this small property is 

" An Instrument of Sasine in favour of JaAies Farquharson of 
Carlaroch' (Coldrach) of 3J oxgates of the lands of Lawsee, dated loth 
October 1632 and Registered at Aberdeen the 22nd of the same month." 

" A Precept of Clare Constat by John, Earl of Mar, and his 
son for infefting William Farquharson as heir to James Farquharson, his 
father, in 3^ oxgates of Lands of Lawsee (is) recorded, but without 
date." 

* An Instrument of Sasine (is) recorded in favour of Robert 
Farquharson of Tomintowill (in Braemar)^ on the Feu Charter from the 
Earl of Mar and his son in 3^ oxgates of the Lands of Lawsee, Dated 
lothy and Registered at Aberdeen, 22nd October 1632." 

" A Precept of Clare Constat by Charles, Earl of Mar, in 
favour of Margaret, Isobel, and Anna Farquharsons for infefting them as 
heirs of the said Robert Farquharson, their father, (is) dated 20th March 
1676." 

Then follows : — 

"Disposition by the said Isobel, Margaret, and Anna Far- 
quharsons of the 3J oxgates of the Land of Lawsee to Alexander 
Farquharson of Invercauld, dated 21st Feby. 1677." 

Another portion of the lands of Lawsie was at this time disposed 
of as follows : — 

I If tins is the ancient spelling the derivation would appear to be from Cw tC lairich^ the 
Stfaseaf Conie, Le., where the mares with their foals were pastured. The name may, howeTer, 
lefer to a holding higher up on the Qunie, the grazing of which was at one time attached to the 
ptopertj of Coldrach. 

a Robert Farquharson had succeeded to the property of Coldrach. His paternal property of 
Tonuntoul was situated high up on the shoulder of the hill of Morrone ; and is said to be the 
fa^icst cnltiTated land in Scotland. The name probably means the height from which agpotf 
view is tobigoii and it well deserves the appellation. 



82 RECORDS OF INVERCAULD. 

"Disposition from James Stewart, portioner of Lawsee, to 
Alexander Farquharson of Invercauld, of 3 oxgates of land of Lawsee, 
dated 24th February 1677." 

This James Farquharson, ist of Coldrach, who acquired this portion 
of Lawsie was grandson of Donald of Castleton, afterwards of Monaltrie ; 
and his Lawsie property henceforth formed part of the Monaltrie estate. 
The Poll Book (1696) gives a third portion of the lands of Lawsie to a 
Donald Symond, at a valuation of £2,6. 

He, or his son, seems to have excambed his share of Lawsie for a 
portion of Wester Micras. 

The lands of Lawsie, situated in a little side valley nearly opposite 
to Balmoral, were originally bestowed by the Earl of Mar in oxgates, of 
which the laird of Coldrach obtained the first grant This portion 
(si oxgates) came to be divided among three sisters, as above stated, 
and was disposed of to Invercauld, who at the same time (1677) acquired 
by purchase other 3 oxgates from a James Stuart Other portioners 
soon after also sold their holdings. 

The derivation of the name Lawsie is uncertain ; probably from 
Uasachadhy manured or cultivated land in contradistinction to pasture, or 
outfield. 

The disposition to litigate every matter in dispute, and to have 
every agreement put in legal form and duly attested, which prevailed to 
some extent in the Highlands throughout the 17th century, was inten- 
sified by the Revolution settlement, probably because the arm of the law 
was then felt to be stronger, and there was less need to seek justice by 
the strong hand. One result of the change was that any person with 
some pretensions to superior learning became a lawyer, and his services 
were sought in the settfement of almost every dispute. It was his pride 
to employ l^al phraseology, sometimes, it is evident, without under- 
standing its exact import 

A curious specimen of this is supplied by a paper which is given 
literatim, and which also vividly illustrates some singular commercial 
relations then common among the numerous small proprietors of the 
district The hand-writing is rather lai^e in text, and quite different 
from that of papers coming from the offices of professional lawyers. The 
paper is headed, "Agreement Betwixt Charles Farqrson & Duncan 
ShsLW. 1708" and is as follows ; — • 



ESTATE PAPERS: LAWSIE. 83 

" Att Lausie the threeteen day of Janury seventeen hunder and 
eight years, it is agreed betuext Charles Farqrson of munaltrie and 
Duncan Shaw of Crathie read on the on and others pairts that is to say 
the sds Duncan Shaw having right by his position and Instrument of 
posesion Folowing therupon to tuentie bolls of com and stra made 
wictuall of sum tym belonging to John Gordon portioner of Lausie for 
sertain soums of money dew be the sds John Gordon to the sd Duncan 
Shaw and wheras Charles Farqrson forsd as oversier to Elisboth Orak 
only Daughter to the deseast Charles Orak sum tym at the milltun of 
Lausie doth quarall the sds Duncan his titell to the sds corns ther being 
dew and yit unpayed : to his sd pupall be the sd John Gordon the soum 
of four hundereth marks ut by gon & rents on bond and the sd Charles 
Farqrson finding himself bund to Recover payment of what is posable of 
the sds John Gordon his effects for his sds pupalls behoof enters in the 
underwritten ^ubmision and so shun aney debat anent the sds corns wit 
ye me the sd Duncan Shaw with the Resurvation of the submition under- 
writen to hav Instently deliver'd to the sd Charles Farqrson the sd 
oversier aforsaid the sds quantity of tuentie bolls of victuall with the foder 
and that in pairt of payment of the sd soum dew be the sd John Gordon 
to the sd Elisboth Orak with pouer to the sd Charles Farqrson to 
intermidell with the saim Imediatly and mak use of or to dispos of the 
saim at his pleasure always for the use of the sd Elisaboth Orok his 
pupoll and I the sd Charles Farqrson considering that the sd Duncan his 
aright as aforsd and not being willing that he should be at any con- 
siderable Lose for his kindnes and asysting my sd pupoll therfor wit ye 
me to hav submited by thir presents to the Determination of John 
Farqrson off Envercald and Alexander Farqrson now of munaltrie shosen 
be me and to Charles Gordon of Abergildie and Charles Farqrson writer 
in Edr be thir presents shosen. be the sd Duncan and in cais discrepance 
gives pour to them to choos ane oversman for cognossing of the sd 
Duncan titells and valedity of his Daitt and therafter to determin what 
shair of the prise of the sd corns shall belong to the sd Duncan for his 
right aforsaid and both of us oblidgs us to stand to ther decreet arbitriel 
ther anent under the failzie of fiftie marks to be payed be the partie 
breaker to the partie performer or willing to perform by and out over 
fullfiling of the premises and I the sd Charles Farqrson of munaltrie be 
thir presents grants the Recepts of the sd corns and binds and oblidges 
me to hold count for the saim with the sd John Gordon or aney having 
bis pouer in the first end of my sd pupoUs debt and grant Recept for the 
saim on demand And for the mor security we are content thir putts be 
Regrat in aney judges books competent to have the strenth of ane decreet 
that all letters of excertd needful may pass heirupon in form as efiers 
and therto constitute 

** Our prov in witnes wherof the putts ar written be James Shaw 



84 RECORDS OF INVERCAULD. 

Servitor to the Leard of Envercald and signed with our hands at Lausie 
day and dait forsd befor witness John Farqrson of Envercald and 
Alexander Farqrson of Munaltrie Charles Farqrson notar publik and the 
sd James Shaw writter heirof 

John Farqrsone witnes Ch. Farqrson D. Shaw 

A. Farqrsone witnes 
C. Farqrsonne witnes 
Ja. Shaw witnes." 

The signers of this document are worthy of some notice. 

Charles Farquharson, styled here of Monaltrie, was no longer 
of Monaltrie. The last of a long and distinguished family to own any 
land in their native valley, he was under the necessity of parting with his 
ancestral property in 1702 ; but out of courtesy, while he remained in the 
country, he was always addressed as of Monaltrie. He was the son and 
successor of the famous "Donald Og," slain in Aberdeen, 1645 — see 
Spalding — and buried in Drum's Aisle, where there is a tablet to his 
memory. Charles married, first, Marjory Farquharson, widow of Overhall, 
and aunt of John of Invercauld and Alexander of Monaltrie, by whom he 
had no family ; and second, Elizabeth, daughter of Inverey, by whom he 
had two sons, but left them no lands. In 1708 he was a very old man, 
and his signature is extremely shaky. 

Duncan Shaw was a portioner of Lawsie, through his wife, who 
was a daughter of the house of Allaire. He signs with a laige, 
round hand. 

John Farquharson, of Invercauld, the first witness, is too well 
known to require notice here. His signature is in the usual bold, 
free form. 

Alexander Farquharson, his brother, purchased the estate of 
Monaltrie from the above named Charles, the last of the elder house. 
His signature is rather careless. He married Anne, a daughter of the 
house of Finzean, and they were the parents of the " Baron Ban,** famous 
in the '45. 

C. Farqrsonne — probably a hi^sus pennae — a signature evidently 
thrown off carelessly. He was not the Edinburgh legal agent of Inver- 
cauld whose name frequently occurs in these papers. It has not been 
discovered for certain to what branch of the clan he belonged ; but as 



ESTATE PAPERS: MELGUM. 85 

there was a Charles Farquharson, styled a writer^ grandson of Robert 
Farquharson, Minn of Kennethmont (1676-1687), it was propably he 
who signed this deed. His father, Alexander, was a W.S. in Edinburgh, 
and his grandfather, the Minister, had been tutor or factor to Invercauld 
under Robert and his brother Alexander. He would thus be of the 
House of Rivemie. 

James Shaw signs with many flourishes. He was evidently well 
satisfied with his handiwork ; and, though he styles himself *' servitor to 
the Leard of Envercald," he was certainly not a menial — probably he 
was Mr. Farquharson's secretary. 

MELGUM. 

The estate, now known by this name, lies to the N.-W. of, and near 
to the village of Tarland, though ecclesiastically within the Parish of 
Lc^e-Coldstone. The derivation of the word is somewhat obscure. It 
may be a corruption of the Gaelic — Meall gorm^ green height ; or Meall 
km^ bare height, perhaps rather the latter, since there is a place on the 
property which still bears the name of Barehillock. 

At an early date it belonged to the knightly house of Pitsligo. Sir 
William Forbes of that family bestowed it upon his second son, who was 
afterwards styled "William of the Daach," the daach, or davoch, of 
Melgum being the local designation of the property. Patrick Forbes, a 
grandson of William of the Daach, acquired also the lands of Pitellachie 
about 1540; but he dying without male issue, both estates— Daach 
(Melgum) and Pitellachie (Kinaldie)— came into the possession of his 
kinsman, Alexander Forbes of Boyndlie, who married Mary Elphinstone, 
a daughter of the Laird of Calderhall, a connection which gave rise to 
the complication of interests in these properties which we find when they 
came to be disposed of in 1693. 

One of the earliest of the documents, relating to the Melgum estate, 
in the Invercauld repositories, is headed : — 

" Regrat Discharge and Assignation— Alexr. Ker to Harie 
Elphinstone, Dated 8th February 1693." 

It is a long l^;al document, in a good state of preservation, and 
appears to have been required in order to enable Harry Elphinstone to 



86 RECORDS OF INVERCAULD. 

give sufficient title to sell the lands of Melgum, or such portion of them 
as he laid claim to. Ker, who seems to have held his possession under 
Elphinstone, had granted' a bond for 4000 merks Scots to Thomas 
Cushnie, merchant in Aberdeen, who accepts Harry Elphinstone instead 
of Alexr. Ker. The document is signed by Alexr. Ker, and attested by 
" Alx. Thomsone, Notar," who, in the body of the paper, is also styled 
" Advocat in Aberdeen," and by Robt Cook, both of whom are often 
witnesses to l^al papers both before and after this date. 

In illustration of the sale of bonds, and assumption of obligations, 
there may be noticed, among many others of a like nature, a long 
document headed : — 

" Extract Discharge — Andrew Miller, with consent within, &c.. 
To Harie Elphinstone and Thomas Cushnie," 

which sets forth that, 

" Att Aberdeen, the 20th day of Deer., 1693, In Presence of 
Mr. James Scougall and Robert Paten, Comissres of Abd., compeared 
Alexander Eraser, pro. for the after designed, Andrew Miller, with con- 
sent underwritten, and gave in the discharge after mentioned, desyring 
the samen to be inspect and registrat ; &c. Be IT KNOWN to all men 
by these presents, me, Andrew Miller, Skipper, Burges of Abd., present 
box-master of the box of the fraternity of the Skippers of the sd. burgh, 
with special advyse &c. ; Forso Meikle as Harie Elphinstone of 
Melgum, lalt Collector of Customes at Abd., as principal, and Thomas 
Cushnie, Merchant, Burges of Abd., as caut., and full debtor, for and with, 

&C." 

In short, Andrew Miller offers to take over two bonds, one for ;C8oo 
and another for 400 merks, granted by Harie Elphinstone over the 
property of Melgum, with Thomas Cushnie as cautioner, to the fraternity 
of Skippers for value received. From ^r. Miller the bonds passed into 
the hands of Invercauld, who was then negotiating for the purchase of 
the property. 

The following document, which is the opinion of Counsel on the 
complicated position in which the purchase of extensive estates in 
Cromar had involved the Invercauld Family, is historically important as 
showing the depressed circumstances in which the lairds of those days 
were placed, and the sad shifts for relief to which they had often to 
resort The old lairds, Forbeses, Elphinstones, and Kerrs, had bonded 



ESTATE PAPERS: MELGUM. 8/ 

their properties to more than their current value. The holders of the 
bonds, who were generally, in the first instance, merchants in Aberdeen, 
unable to get payment when due, assigned or sold them at what they 
would bring, to a third party who was fortunate enough to have some 
means at command. All the legally constituted bonds* on a property 
thus frequently passed into the hands of one individual, who became 
virtually, and soon actually, possessor of it 

"Memorandum for William Farqrsone of Invercald. 
Invercald having acquired from Hendry Forbes of Boyndlie the upper 
barrone of Pittallachie, and having acquired from Hendrie Elphinstone 
the nether barrone thereof, and having alswayes acquired right to seall 
(several) adjudications to and agt the sd. lands upon debts by the sd. 
Hendrie Forbes, and being to exped ane publict infeftment on those 
lands in his own name under the Great Seal, It is fitt that a charter be 
exped not only upon Boyndlie and Hendrie Elphinstone, the (as) 
signationes, but also upon the adjudications to which Invercauld has 
acquired right, and that the Charter bear ane express (note) that it shall 
be lawfuU for Invercauld, his heirs, &c, to enjoy the sd. lands be virtue 
of all or either of the sd. ryts or formes, as (or) of any one of them, but 
(without) prejudice of the other, for securing him or his heirs, '&c., in the 
right and possession of the sd. lands as he and they shall think fitt 

''Ther being some other adjudications led agt Boyndlie which 
Invercald hath not yet acquired, It is advysable that Invercald use order 
of redemption agt the sd. adjudications befor the leg^all reversions 
therof be expyred ; Because, if the legg^lls therof should happen to 
expyre in case the adjudgees wer contentious and malitious, they might 
pretend to have a portione of the lands as being within year and day of 
Invercald's first adjudication. 

" Ther being seall (several) heritable bonds granted by Boyndlie con- 
taining precept of Sasine and wherupon infeftment followed ; but those 
infeftments ar still base, and which heritable bonds and infeftments 
following therupon are now likwayes assigned to Invercald, and 
adjudications have been led upon some of those heretable bonds, and 
others have led no adjudications but rested upon them in liferent 

" It is fitt that how soon that Invercald's infeftment is exped those 
creditors who wer infeft in heretable bonds and did not adjudge, doe 
make resignation of their infeftments of @ rent in the hands of Invercald 
as their Superior ad perpetuam remanentiam, and that the instruments 
of resignatione therof be duely regi^trat in the register of Sasines Con- 
forme to the Act of Parlit ; Because ane .... to ane heretable 
right wherupon infeftment followed is not habilis modus to extinguish 
the infeftment and reall right, and the prories of Resignatione may relate 



88 RECORDS OF INVERCAULD. 

to the former assignationes granted by the Creditors to Invercald and 
bear ane exceptione therof (out ?) of the warrand. But there is no 
necessity for Invercald to obtain resignation ad remanentiam from those 
who have adjudged, Because Invercald's charter being expeed upon 
those adjudicatjones, the adjudicatione comes to be the most absolute 
and sovereigne right and absolutely absorbes the base infeftment 

" The old Lady Boyndlie being infeft in ane yearly liferent out of a 
parte of the lands, her renunciatione of her sd liferent with consent of 
her husband, being judiciallie ratified by her extra gratiam mariti, will 
be sufficient to lil^rat Invercald's lands albeit the same should not be 
obtained till after Invercald's publict infeftment be expeed, and that she 
be not subscryber of Invercald's dispositione from Boyndlie. 

" I have not seen the bond granted by Samuell Forbes of Foverane 
to Boyndlie for the iO,ooo lbs., but if the said bond (as it is informed) be 
burdened expressly with the payment of 700 mks. yearly to the Lady 
Boyndlie in satisfactione of her liferent, Invercald may upon that bond 
force Foverane to prove ane yearly discharge from the Lady Boyndlie 
of the sd. 700 mks. to which she hath restricted her liferent, or other 
WByes to pay the sd. 700 mks. to Invercald himselfe that he may dis- 
burden his lands of the said liferent" 

Anotbbr document, headed : — 
" Precept— Alexr. Simpson agt Mr. Robert Irvine," 
presents a phase of life of even a less agreeable character. 
It sets forth that :— 

"John Earle of Erroll, lord Hay and Slaines, Constable of 
Scotland, SherefT principal of Aberdeen to the mair of fee of the sd 
Shierffdome and to his deputs, ane or moe convenit, &C., greetii^. 
Forsomeikle as it is humbly meaned and showen to us be Alexander 
Lumsden of Cushney exer. (executor), decerned and confirmed to the 
deceast Robert Lumsden at Milne of Auchtercoull that whare Mr. 
Robert Irvine, Minister of the Kirk of Kinbethock (Towie), by the back 
bond subscribed be him of the date the 25th day of October, 1690, 
mentioning that forsomeikle as the sd. complainer by his letter of 
assignation of the date of the sd. backbond made and constitute the sd. 
Robert Irvine, his aires, &c., his Sessioners and Assignes, In order that 
the soume of 300 merks Scots money resting to him as exer-forsd to 
Harie Forbes of Boyndly, be virtue of his bond granted to the said unqll 
Robert Lumsden of the date the 3rd, day of January, 1687 yeirs; And 
In and to the soume of Ane hundredh merks of faillie mentioned in the 
sd. bond ; And In and to the ordinar @ rent of the said 300 merks since 
mertimes 88 years @ yearly and termlie how long the same should 



ESTATE PAPERS: MELGUM. 89 

remain unpayed ; And seeing the forsd. Assignation was delivered to 
the said Mr. Robert Irvine, and he had accepted and received the same 
with the forsd bond To the effect he might persew a deit of adjudication 
agt the said Harie Forbes his estate for the said soume, &c. ; Therefore 
the said Mr. Robert Irvine bound and obleidged him, his aires, &c., to 
use all possible diligence for getting diet of adjudicatione past upon the 
forsaid soume together with, &c., and how soon he or his forsds could 
get the same past and exped, then and immediately therefter he bound 
and obleidged himself and his forsaids to dispone, assign, and transfer so 
much of the forsaid adjudication to the sd. complainer, his, &c., as will 
be equivalent and corresponding to the soumes forsaid, &c., or, if the 
complainer and his forsaids pleased not to take the forsaid disposition 
and assignation in his own name, then and in that case the said Mr. 
Robert Irvine obleidged him to assign and dispone the same to any 
other persone the said complainer pleased to nominat for that effect, as 
in the said backbond insert and r^rat in the Sheriff court books of Abd., 
and our decreet of the duity of the persones interponed thereto, 
Ordaining this our precept to be direct theron in manner underwritten at 
more length, &c ; We Charge You Tharfor incontinent this our 
Precept seen ye pass and in our Sovereign Lord's name and authority 
and ours Lawfullie require, command, and charge the said Robert 
Irvine to dispone, assign, and transfer to the said Complaiher and his 
forsaids so much of the adjudicatione led and deduced be him agt. the 
said Harie Forbes his estate as will be equivalent and correspondent to 
the somes of money, principal, &c., before mentioned with the rest of 
soumes wherfor the sd. adjudicatione is led, And to observe, performe, 
and fullfill to the sd. Complainer the forsd backbond in the haill heads, 
clauses, articles, obliedgments, and conditions therof, in so far as he 
stands any way bound and obliedged thereby After the forme and tenor 
of the sd. backbond and our decret forsd interponed therto in all poynts 
within ten dayes next, After he be charged be you therwith under the 
highest paine and charge that after may follow. Atour, that ye in name 
and authorite forsaid lawfullie crossfence and arryast the haill comes, 
catell, horses, nolt, sheep, insight plenishing, debts, soumes of money 
and all other moveable goods and gair whatsomever pertaining to the 
sd. Mr. Robert Irvine, apprehending the same within the bounds of This 
our Sheriffdome to remaine under sure fence and arrestment Ay and 
Whill the said back-bond be fulliilled as said is; makeing intimation to 
you, conlie and seallie, our full power bey this our precept given under 
our seall of office at Aberdeen the last day of November, 1695 years. 

Tho. hay." 

Having disr^arded the order of the Sheriff-Substitute, Mr. Robert 
Irvine paid as little attention to the decree of the Sheriff-Principal. In 
M 



90 RECORDS OF INVERCAULD. 

consequence of his disobedience, an application was made to the 
Supreme Court, when the following decret was issued : — 

" Horning : Alexander Lumsdaine against Mr. Robert Irvine, 1695/' 

" William, By the Grace of God King of Great Britain, France and 
Ireland, &c. Forasmuch as it is humbly meaned and showen to us by 
our Lovit Alexander Lumsdaine of Cushney, exer decerned and con- 
firmed to the deceast Robert Lumsdaine, &c." 

The document then recites the above decree by the Sheriff-Principal 
at full length and then proceeds : — 

" Our Will is Therefore and we charge you straitly and com- 
mand that incontinent this our decree seen yee pass, and in our name 
and authorite command and chaise the said Mr. Robert Irvine to dis- 
pone, assign, and transfer to the said Complainer and his aforsds so 
much of the adjudication led and deduced by him agt the said Hary 
Forbes his estate as will be equivalent and corresponding to the soumes 
of mone,.principall, faillies, and @ rents before mentioned, with the rest 
of the soumes wherfore the sd. adjudication is led, and to observe, per- 
form and fullfill to the said Complainer the forsd back-bond in the haill 
heads, clauses, obleidgments, and conditions therof, in so far as he 
stands anyway bound and oblidged therby Efter the forme, within ten 
days next he bees charged be you therto under the pain of rebellion and 
putting of him to our horn, wherin if he failzy, the said ten dayes being 
bypast, yee incontinent prefer and denounce the disobeyer our rebell and 
put him to our horn and escheat, and inbring his haill goods and g^aer to 
our use for his contempt, and immediately efter your said denuntiation 
that ye use the haill remanent order proscrived (sic) by our Act of 
Parliament made theranent according to Justice, because the Lords have 
seen the precept, as yee will answer to us therupon. The which to doe 
we committ to you conly and seally our full power, be thir our sers, 
delivering them be you duely execute and indorsed again to the bearer. 
Given under our signet At Edgr. the 17th day of December and of our 
reign the seventh year 1695. 

Ex deliberatione dominorum concilii 

W. Thomsone. 

1 8th December 

1695." 

The above transaction on the part of Mr. Robert Irvine and the 
Laird of Boyndlie bears a very questionable aspect It is too open to 
the construction that it was a device to obtain possession of the bond 
due by Boyndlie to the estate of Cushney without fulfilling its condition. 
This seems to have been the view taken of it by the Courts of Law. 



ESTATE PAPERS: MELGUM. 9I 

Although the fact is not here stated, it is evident that, before the 
"homing" took effect, Mr. Irvine did restore the bond to its rightful 
owner ; for it was taken over by Invercauld before the purchase of the 
Melgum property was completed, and thus found its way with the 
relative documents into the family repositories. 

In the Rev. Mr. Bell's " Records of the Exercise of Alford "—N.S. 
Cluby there are many notices of the life and ministerial work of the Rev. 
Robert Irvine, all of which are creditable to him. He appears also to 
have been in high favour with his bishop, for at the diet 

" At Kinnethmount, October 31, 1666,' . . Mr. Robert Irvine being 
absent is excused, in r^aird he hade gone to Braemarre by ane order 
from the Bishop, to celebrat Roderick Mackenzie his marriage with 
Invercauld his relict" — Exercise of Alford^ p. 87. 

This Minister of Towie seems, in worldly affairs at least, to have 
carried matters with a very high hand. Dr. Hew Scott — Fasti Ecc. Scot. 
Vol. IILyp* 568 — ^has this record of him : " A person having entered to 
Croslachie on lease was ' inveyed * in it by this minister, who threatened 
to cause the proprietor to dispossess him, and he being induced to show 
his ' Assedation ' the minr. tore it in pieces [Mr. Robert was in the way 
of showing small respect for l^al deeds] with his hands, and shortly 
after, 8th May, 1693, took possession of a part, put his cattle on it, and 
pulled down two houses belonging to the other. Still dissatisfied, the 
mia, with the son of the proprietor, attacked the tenant while sowing his 
land in March, 1694, ' tying his hands behind his back, brought him off 
the ground and carried him prisoner like a malefactor to his house.' 
While preparing papers there for the tenant to sign, he * did endeavour 
to shake his hands lowse of their bonds ; but Mr. Robert Irvine came 
and ordered the cords to be more severely drawn, which was accordingly 
done.' After being detained ' till he was almost dead,' he was compelled 
to subscribe a renunciation of his tact, with a disposition of the seed he 
had sown. A complaint was made against the minister and the young 
laird to the Privy Council, who not appearing, were denounced rebels 

I This fixes the date of the marriage between the Laird of Dalmore, now Mar Lodge, and 
the widow of Robert Farquharson of Invercauld and Wardhoase. The ladf , who had not long 
been a widow, was Ann Ogilvie, daughter of Ogilvie of Campcaim. Her late husband, by whom 
she had no family, had died in the previous July. 



92 RECORDS OF INVERCAULD. 

[this is the second time Mr Robert Irvine was put to the horn] ; but on 
a petition from them the decreet was suspended, i6th June, 1698." 

This following, addressed to Invercauld, is a specimen of Mr. Irvine's 
epistolary composition : — 
"Renouned Sn, 

" By these I heartyly give my Service to your self and to your 
Courtious and discreet lady wishing you a safe removel to the high 
Countrey, and a happey and a speedy return toe our nighbourhed ; be 
pleased so to recive the subsequent declaratione wherin if ther be any 
thing defective, at our first meeting it shall bee helped by, honoured Sr., 

Your most affectionat and humble servant, 
Rbt Irwine. 

My wyfe gives her deutifull respects to your selfe and ladie — ^till 
meeting, adeu." 

The subsequent declaration is as follows : — 

" For ass much as I, Mr. Robt Irwine Minister at Towey have at writting 
hereof, out of favour as meer gratuity obtained a libertay from John 
farqrsone of invercauld to cast, win and Led so many turfs^ upon his 
heritage and property unto which, except of favour and lenecly I have 
nor pretend to have any title or right thertoe, nor any possessione during 
the pleasure of the sd. Laird of Invercauld, his heirs, or successors ; by 
thir prests are of verity I have subscribed the sam this loth day of June 
1701. 

Robt Irwine." 

The estate of Melgum, acquired by the Invercauld family in 1694, 
continued in their possession till purchased by the late John D. Milne in 
1865. 

"Contract betwixt 

John Farqrson of Invercauld 

and 

Hary and Francis Farqrsons — 1709." 

This is simply a lease, very fully detailed, conveying the lands mentioned 
with all the rights and privileges of proprietorship over the tenants for a 
term of seven years to Hary Farquharson of Whitehouse and his son 
Francis. The extensive baronies of Kinaldie and Melgum in Cromar, 

I The peat moss referred to is situated near the watershed between the Dee and Don, where the 
Birkhall Road crosses from the one vaUey to the other. The privilege wjiich the minister of Towie 
at thb time obtained was so long exercised bv his successors tnat it came to be considered a right, 
and, but for this letter, might have been established as such. 



ESTATE PAPERS : MELGUM. 93 

when purchased by the Invercauld family, were at a considerable dis- 
tance from any other Invercauld property, and in the immediate vicinity 
of Whitehouse, the proprietor of which, like many of his family, was a 
very capable man of business. These may have been some of the reasons 
that induced Invercauld and Whitehouse to conclude this agreement 

Some of the stipulations, as the following extracts show, are very 
curious, and probably gave rise, in regard to carriages and other tenants' 
obligations, to a custom that continued in a modified form to be imposed 
on them, as part of their rents, for the next 150 years : — 

" Att Aberdeen, nth June 1709 years, it is contracted and agreed 
betwixt John Farquharson of Invercauld on the one part and Hary 
Farqrson of Whitehouse and Francis Farquharson, younger therof, his 
sone, on the other part, in manner and to the effect following — THAT IS 
the said John Farquharson has sett and assedat &c ALL AND Haill 
his lands and Baronnie of Kinaldie and Melgum, with the &c. lying 
within the parochin of Coldstone and Sheriffdome of Aberdeen, together 
with &c. the lands of Pittentagart lying within the parochin of Migvie 
&c., for the space of seven years and crops from and after the term of 
Witsunday last bypast 1709 years, which is herby declared &c 

" And Sicklyke the said John Farquharson has made and constitute 
the said Haiy and Francis Farquharsons, the longest liver of them two 
dureing the space forsaid &c, with full power to outputt and inputt 
tenants &c, And Likeways to hold courts upon the said lands and put 
in lawful! execution, therin, and generallie to doe the service that the 
said John Farqrson might doe himself. 

" For the which causes, and on the other part, the said Hary and 
Francis Farqrsons bind and oblidge themselves their aires, &c. to thank- 
fiillie content, pay, and deliver to the said John Farqrson of Invercald 
his heirs &c yearly and ilk year during the seven years above written 
the sum of Two Thousand four hundred sixty six (pounds) 13/4 Scots 
money the one halfe therof at Candlemes after shearing of the crop, and 
the odier halfe at and upon the first day of September thereafter — with 
a fifth part of the said sum in case of failzie &c., with two chalder good 
and sufficient bear betwixt pesth and the reedday (Easter and the 3rd 
day of May) and two chalder good and sufficient ferm meall at nine 
stone weight the boll, betwixt yool and candlemes, all after shearing of 
the crop, and to carry and transport the said victual upon their own 
charges to Abdn. or any place of like distance with fourty four long 
carriages from Pitalachie to Abdn. or from Invercauld to Pitalachie as 
the said John Farqrson and his forsds shall have occasion, together with 
eleven dozen of capons (castrated fowls) and seventeen dozen and four 



94 RECORDS OF INVERCAULD. 

poultries (chickens) at the termes used and wont to be transported to 
Abdn. or Invercauld as the said John Farqrson and his forsds shall 
desire. As also the said Hary and Francis Farqrsons binds and oblidges 
them and their forsds conlie (conjunctly) and scallie (severally) as sd. is 
to pay and deliver openly to the Minister of Coldstone a chalder of bear 
and a chalder of meall and two hundereth mks. Scots as the stipend of 
the forsds. lands, and to recover discharges theron and deliver them to 
the said John Farqrson and his forsds. And sicklife they bind and 
oblidge themselves to leave the bigging upon the sd. lands conform to 
the Inventars and appretiations to l^ made of the same. 
&c., &C, &c. 

In witnes wherof they have subt thir presents written be William 
Reid, servitor to Charles Gordon, Advocat in Abdn., time and place 
forsaid before witneses, Captain Francis Forbes, brother to Sir William 
Forbes of Cragiynar and the said Charles Gordon and William Reid. 

Fr. Forbes, witnes. J. Farqrson. 

Cha. Gordon, witnes. Ha. Farqrsone. 

Will. Reid, witnes. Fra. Farqrsone." 

The Whitehouse Farquharsons sprang from the elder house of 
Monaltrie. The Harry here mentioned was the third of the family, and 
father of Francis and Harry, the latter of whom was slain in the battle of 
Culloden. The father was a man of much weight in the County. — V. Poll 
Book^ Parishes of GUnmuick^ Tullick and GUngairtL Francis was the 
founder of the Sheill's family. 

MICRAS. 

The district formerly known by this name lay along the north bank 
of the Dee for a distance of about three miles, banning at four miles 
beyond Ballater and stretching upwards to within a mile of the Church 
of Crathie. The derivation of the word is very uncertaia In Gaelic it 
was pronounced Miacra or Smiacra^ which latter word might be rendered 
in English, bright or sunny^ and corresponds with the situation, which 
has a southward or sunny aspect An old tradition, however, connects it 
with the name of a female saint, Miacra or Macra. Such a saint's name 
does appear in Bishop Forbes's list, but, according to him, she had but 
little, and that a doubtful connection with Scotland. Ecclesiastically 
this district comprised an outlying portion of the ancient Parish of 
TuUich, and was occupied by a number of small proprietors, who held 



ESTATE PAPERS: TORGALTER. 95 

their possessions by the old form of tenure. The earliest recorded 
charter is one from ''Lord Mar and his son, of the Lands of Easter 
Micras to Donald Farquharson, dated 5th June 1633." 

This Donald Farquharson was the son of Alexander of Allanquoich, 
and great grandson of Finla Mor through Donald of Castleton. He 
married first, Violet, daughter of Troup of Balnacraig (Birse), and second, 
Helen, daughter of Garden, of Bellamore (Inchmamoch). His descen- 
dants long possessed the property thus acquired. 

TORGALTER, 
another small property in the same district, is conveyed by 

• " Precept of Sasine from John, Lord Erskine, for infeftment to 
John Morgan of Dargaltie (Glenshee) in the Lands of Torogalter of 
Wester Micras, dated 23rd April, 1650, proceeding upon a Disposition 
from John Erskine of Wester Micras to Morgan." 

The family of Morgans continued to possess their small holding (it 
was only a part of the property called Torgalter) till 1713. Another, 
and the larger portion, was held in 1696 by David McKenzie, of the 
family of Dalmore (Mar Lodge). 

We have next : — 

** Charter from Lord Mar to John Erskine, son of Donald Erskine 
of Castletoun of Braemar, of four oxgates of the Lands of Wester 
Micras, 13th January, 1660," 

with the following note appended : — 

"Wester Micras and Torogalter of W. Micras, Sleach, Badquan 
(? Badfandoch), and Richarkarrie, acquired by John Farquharson 
in 1713." 

Sasine on the forgoing charter followed, 21st March ensuing. 

The said John Erskine does not seem to have held his small 
possession beyond ten years ; for on 27th April, 1670, he disposes of the. 
said four oxgates to Robert McHardy, portioner of Crathinairt in Liferent, 
and Charles McHardy, his second son, in Fee. 

There seems to have been some family connection between these 
Erskines and McHardies, though the particulars thereof cannot be traced 



g6 RECORDS OF INVERCAULD. 

There is a charter from Charles, Earl of Mar, to this same Robert 
McHardy and his son, Charles, of these Lands, dated 12th October, 1688, 
and an Instrument of Sasine thereon, dated as late as 22nd August, 1696, 
in which year the said Robert McHardy, with consent of his wife, 
disposes of the lands to Charles McHardy, their son. 

And this Charles McHardy, with consent of his spouse, disposes of 
them to John Farquharson of Invercauld, under date 19th September, 
1713. 

To return to the property of Torgalter, of which John Morgan 
got possession in 1650, we have : — 

"Precept of Clare Constat from Charles, Earl of Mar, for 
infefting Allaster Morgan as heir of his father, the said John Morgan, in 
the said Lands, dated i8th June 1688, with Sasine thereon " ; 

and 

"Precept of Clare Constat from John, Earl of Mar, for 
infefting Elizabeth Morgan as heir to her father, the said Allister, dated 
9th Novr., 17 10, Sasine of which is registered in Aberdeen, 28th 
July 1715." 

This Elizabeth Morgan had married Malcolm Gillanders in Tilly- 
houdie ( Aboyne), and with his consent had conveyed their portion of the 
Torgalter property to John Farquharson of Invercauld by Deed of 
Disposition, dated i8th August, 171 3. This is the Deed referred to in 
the Note to the Charter to John Erskine — 1660. 

This is recorded in an 

" Instrument of Resignation in favour of John Farquharson of 
Invercauld in the hands of James and David Erskine of All and Whole 
the lands of Wester Micras acquired by him from Charles McHardy, and 
also the lands of Torrigalter acquired from Elizabeth Morgan." 

It thus appears that this family of Morgans held possession of the 
property of Torgalter for a period of nearly seventy years. 

The other lands of Wester Micras fell under other proprietors. 

There is a Disposition by James McDonald of Rieneton to George 
Symon in Toldow, his heirs and assignees whatsoever, of the parts of the 
Lands of Wester Micras possessed by him, of date 19th September, 1741. 



ESTATE PAPERS: EASTER MICRAS. 97 

A note states that Lord Fife was superior of these Lands. 

This Disposition was followed by 

" Instrument of Sasine in favour of the said George Symon, 
dated Sth Feb. 175 1." 

George Symon disposes of his property to his eldest son, Francis, by 
Deed, dated i6th May, 1771. The said Francis Symon, designed as 
portioner of Wester Micras with consent of Margaret Clerk, his spouse, 
disposed of his part of the said Lands of Wester Micras in favour of 
James Farquharson, Esq. of Invercauld, by Deed of Renounciation, 
Sasine whereof is dated 29th March, 1783, and ratified by Margaret 
Clerk the same day ; and Instrument of Sasine of the said Lands and 
others in favors of the said James Farquharson, Esq. proceeding upon 
the said Disposition is recorded at Edinburgh, i6th April, 1783. 

It may be of interest to some to observe that the last known male representative of the above 
named Fnmds Symon was the late John Symon, merchant, Balmoral Cottages. 

EASTER MICRAS. 

Reverting to the property of Easter Micras as settled by the Charter 
of Lord Mar to Donald Farquharson, dated 5th June, 1633. These lands 
seem to have remained in this family without change till 1727, when 
there Is 

« Precept of Clare Constat by James and David Erskine for 
infefting John Farquharson of Allanquoich as heir to his father Allaster 
in said Lands, Dated loth March 1727." 

The next recorded Disposition of this property follows the new 
regime after the suppression of the Rising in 1745, and is interesting as 
showing the feudal obligations then generally exacted. 

The particulars are noted at some length in a 

*' Precept of Clare Constat by James, Earl of Fife, in fj^vors 
of John Farquharson of Easter Micras for infefting him as heir of John 
Farquharson of Easter Micras, his Grandfather, in the parts and pertans 
of the said lands of Easter Micras and others before designed — Feu duty 
£16. 13. 4 Scots, and £1 Scots of additional feu duty as the value of 
the clause de non'Olienando and other clauses contained in the ancient 
rights and Infeftments of the same now abolished, and doubling the sam^ 



98 RECORDS OF INVERCAULD. 

the first year of the entry of every heir as use is in feu form — ^Paying also 
six poultry fowls, and winning and laying in yearly ten loads of Peats to 
Marr Lodge before the Feast of Lambas, and the half of an long Carriage 
yearly, not exceeding the distance of 60 miles from the said Castle or 
else the sum of 2/ Scots for each Poultry Fowl, 1/ Scots for each Load of 
Peats, and ;^i 10/ Scots for the said half of the long Carriage in the 
option of the Superior — Extending the said Poultry Fowls and loads of 
Peats to £2. 12/ Scots yearly, dat^ nth Septemr. 1770." 

Instrument of Sasine follows, 27th November, 177a Fourteen years 
thereafter this John Farquharson had to dispose of his property for 
behoof of his creditors as recorded in the books of Session, 3rd Decem- 
ber, 1784. 

On the margin of this Trust Disposition we have a pencil note : 

** Lieut-Col. John Farquharson 42 R^. descendant of last heir of 
the Allenquoich family." 

The Micras property was purchased by a Mr. John Hay for behoof 
of a client, as appears from the following extract : — ^ 

'' Disposition of the said lands by the said John Hay with Consent 
of the said John Farquharson and also of Alexander Abercrombie W.S. 
who had first purchased the same To Charles Gordon Esquire of 
Abergeldie and his heirs and Assignees whomsoever containing Pro- 
curatory of Resignation and Precept of Sasine, dated 24th December 
1784 and Recorded in the Books of Council and Session (O.M.) 6U1 
April 1785." 

It did not, however, remain but for a short time in the hands of 
the Abei^eldie family ; for under date of 19th December, 1787 there is 

" Disposition by the said Charles Gordon Esqr. in favours of James 
Farquharson Esqr. of Invercauld of the said Lands of Easter Micras with 
the pertinents belonging thereto, Dated 19th December 1787." 

In the Poll Book (1696) Alexander Farquharson of Allanquoich, the 
son of Donald who received the charter in 1633, is rated to the extent of 
;fiio. His property consisted of Easter Micras, on which his son, 
John Farquharson, as tacksman with four sub-tenants, resided ; and 
Greystone, where no fewer than ten families had their abode. This laird 
had married Jane, daughter of Forbes of Skellater ; and their son, the 
above named John, married, for his second wife, his own cousin, Agnes 
Forbes, of the same family. 



ESTATE PAPERS: MIGVIE EASTER. 99 

In Wester Micras, where there was quite a large hamlet, Robert 
McHardy is rated at ;^44, with his son, Charles, as tacksman ; John 
Erskine at £iSSi also with his son, John, as tacksman; William 
McDonald of Reinetton (Rineton), at ;f 22 ; Edward Fleming of Auchin- 
toule (Glengairn), as portioner, at ;^i6 ; and James Coutts, his brother-in- 
law, also as portioner, at £S6. Thus the total rental of Wester Micras 
amounted in 1696 to the sum of £323 Scots, which at that date had a 
purchasing value not much short of that of Sterling money at the 
present day. 

In Torregalter (Torgalter) the only proprietor entered in the 
Assessment Roll is David McKenzie, whose valuation is ;^55. The 
Moi^ans do not appear as proprietors, though it is certain they had not 
divested themselves of their proprietory rights till 17 13. Several persons 
of the name, however, appear as tenants on this and the neighbouring 
properties. 

MIGVIE, EASTER (HOPEWELL). 

This property, situated about a mile to the west of the Village of 
Tarland, and in the lower or eastern end of the old Parish of Migvie, was 
the most recent acquisition by the Invercauld family of land in the 
district of Cromar.' The documents referred to in their collection of 
writs relating to it do not therefore carry the proprietory history much 
farther back than the beginning of the present century. 

I Mui& OF Kynoch. There was a still more recent acquisition, though not by porchase, 
of a portion of a moorland property called MuiR ok Kynoch. The tradition regarding it is as 
follows : — A former proprietor of the name of Coutts, having for some reason — some say for his 
share in the '45, but it must have been before that time— fled the country, and no one having 
appeared to claim the deserted waste, it became a sort of ' no man's land.' It had long remained 
so, plundered by the neighbouring fiurmers, who carried away its soil to enrich their own fields, 
and quaneUed over its pasture ; worse still, strangers of very questionable character squatted upon 
it and somed upon the country around. At length, in 1828, a petition was presented to the Sheriff 
of the county to take measures to prevent the evils thus arisuig. A long Iqgal process had to be 
gone through Mott any effectual scheme was adopted. In the end an arbiter was appointed-— 
Wm. Simpaoo, Esq., Advocate in Aberdeen — who went into all the matters submitted to Mm 
with great minuteness, dividing the property (40 acres or thereby) among the three neighbouring 
heritoffs—Mrs. Farquharson of Invercauld, Dr. Forbes of Blelack, and Francis Farquharson of 
flnzean, --according to the best of his judgment. A certified copy of his Decreet Arbitral, dated 
1st Jnne, 1838, is preserved among the Invercauld writs. 



;>2<)T9f> 



100 RECORDS OF INVERCAULD. 

In the Poll Book, a century earlier, it is ranked as a part of the 
Blelack property, and consisted of three farms besides six sub-tenants 
and cottars, the assessment on which was £7 13s. 2d, representing a 
rental to the proprietor of £^0 or thereby. It is uncertain at what date 
the Blelack family came into possession of it It is clear, however, that 
they held it under the superiority of the Earls of Mar, which passed by 
purchase to the Earl of Fife-— 1726-31. 

The earliest writ r^arding it, to which the Invercauld papers refer, 
is as follows : — 

" Precept of Clare Constat by James, Earl of Fifi^ in favors of 
Thomas Fairbaim Esquire of the Island of St Vincent for infefting him 
as heir of provision to Thomas Fairbaim, his uncle. In the lands of 
Easter Migvie and others with the pertinents above discribed. — Feu duty 
£\2, 10. 4 Scots as the ancient feu-duty; lo/iod for the astricted 
multures to the mill of Westown ; and 7/8 in augmentation of the Rental 
payable at Whitsunday and Martinmas, and Doubling the said feu duty 
at the entry of each heir to the said Lands, dated 12th March 1793." 

Instrument of Sasine follows thereon the 8th day of April, 1793. 

Soon after we have : — 

" Disposition by the said Thomas Fairbaim To and in favor of 
the said James Farquharson Esq. of Invercauld, and the heirs succeeding 
to him in the Estate of Invercauld, of the said lands of Migvie and 
others with the pertinents, containing Procuratory of Resignation and 
Precept of Sasine, dated i8th and Recorded in Books of Session (M. P.) 
24th March 1800." 

Instrument of Sasine follows thereon, dated 19th May, i8oa 

On a table-shaped tombstone in the Churchyard of Migvie there is 
the following inscription : — 

" To the memory of Doctor Faiubairn of Easter Migvie, who died Dec. 26th, 1770, and 
Mrs. Dorothy Brrbner, his spouse, who died July aoth 1797, who with their son, Robt., and 
daugtrs, Mary & Barbara, & a Brother of the Doctor's, Edward Fairbairn, lie interred 
here." 

The Doctor Fairbaim referred to in the inscription was Thomas, 
who was probably the first of his family to possess the lands. A brother 
had emigrated to the Island of St Vincent His son, also Thomas, 
inherited his father's estate in that island ; and, on the death of his uncle, 
the Doctor, he succeeded also to the property of Easter Migvie ; received 



ESTATE PAPERS: MIGVIE, EASTER. lOI 

the Precept of Clare Constat from Lord Fife in 1793, and sold the lands 
to Invercauld in 1799, the deeds recording the sale being dated 1800, as 
appears from the Disposition quoted. The subsequent history of the 
Fairbaim family is unknown to the writer. The estate of Easter Migvie, 
now Hopewell, remained in the Invercauld family till 1864, when it was 
purchased by the late Dr. Andrew Robertson, long and favourably known 
as Commissioner to Her Majesty the Queen at Balmoral His son, 
Duncan Robertson, late of the Foreign Office, is the present proprietor. 

A rather lengthy document regarding the allocation of Tiends may 
be here referred to as showing the increase in value of landed property 
within the century. It is in the form of a petition by James Farquharson, 
Esq. of Invercauld, to the Lords of Council and Session to have a recent 
interlocutor, passed by the Court of Tiends, readjusted. It is headed as 
follows : — ^ 

"TIEND CAUSE" 

"January 17th 1797 
" Pet Ja. Farquharson, Esq. 
"C. Mackintosh, W.S. Agent" 

From this paper it appears that Mr. William Maitland, minister of 
the united parishes of Tarland and Migvie, had (July 2nd, 1794) applied 
for and obtained an augmentation of stipend, against the locality of which 
Mr. Farquharson of Invercauld appealed to the Lords of Council and 
Session in respect of the lands of Easter Migvie. He says, " At the time 
this interlocutor was pronounced, the petitioner was proprietor only of a 
very small parcel of lands lying in this parish (Tarland), amounting, 
according to the rental given in by the minister himself, to no more 
yearly rent than six bolls of meal, and £g sterling in money. He has, 
however, since acquired from Mr. Fairburn the lands of. Easter Migvie, 
belonging to Mr. Fairburn, amounting by the same rental to. 25 bolls of 
meal and ;f 40 sterling of money." 

The rest of the paper contains nothing of interest 

Reckoning the boll of meal at £1, the total annual rental of the 
newly acquired property (Hopewell) would in 1800 A.D. amount to £6$ 
stg. The price paid was ;^i8oo stg., which would be at the rate of 27^ 
years' purchase. The gross annual value in 1865 A.D. is stated ('' Return 



102 RECORDS OF INVERCAULD. 

of Lands and Heritages, 1873 '0 ^ ;^352^,and the price paid was £S,SOo 
ix. 24 years' purchase. If, however, the cost of the improvements effected 
between 1865 and 1873 be added to the purchase price, the ratio between 
that and the rental at both periods — three-quarters of a century apart — 
would be very nearly the same. Both rent and capital value had 
increased over five-fold. The case is a typical one for the period, and as 
such has been adduced 

RICHARKARRIE. 

This property, situated on the north bank of the Gaim about six 
mrles above Ballater, constituted a considerable portion of the arable 
land included within the old parish, and consisted of the holdings of 
Richarkarrie, Torran, Tomnafie, with their perquisites. 

The earliest notice we have of it in the Invercauld Records is a 

^ Contract of Sale between the Earl of Mar and his son, and Sir 
Alexander Irvine of the lands underwritten, dated 13 July 1633." 

Proceeding on this there was issued 

"Feu Charter from John, Earl of Mar, with consent of Ix>rd 
Erskine, his son, to Sir Alexander Irvine of Drum, Knight, of the Town 
and lands of Richarkarrie, dated 6th & 13th July 1633." 

Sasine thereof followed, 5th March, and was r^stered at Aberdeen, 
8th April 1634. 

From this date onwards to about 1666 the property seems to have 
been held by the family of Drum. But about that date they would 
appear to have sub-feued a considerable portion of it to a sept of 
McGr^ors ; for in the Poll Book (1696) both Richarkarrie and Torran 
are reckoned as part of the property owned by Malcolm McGriger of 
Delfade, '* for himself and representing the heirs of Duncan McGriger of 
Ardochie, in the said parochin ; his waluation is ;f 160. o. o." 

We have no evidence under what tenure these lands were held, but 
it is certain that there were considerable reservations ; for the said Sir 
Alexander Irvine bequeathed or burdened some of this property for the 
purpose of founding bursaries— obligations which were afterwards trans- 
ferred to the lands of Kinmuck (see University Records}. It does not 
appear from the document itself what gave rise to the following : — 



ESTATE PAPERS: TOMBELLY AND DALBEDDIE. IO3 

" Decree of adjudication at the instance of James Gordon Agt. 
Mary, Margaret, and others the daughters of Sir Alexander Irvine, dated 
14th Feby 1706." 

But it is evident that the adjudication was in consequence of moneys 
that had been lent to Sir Alexander by Gordon of Lesmore. The lands, 
however, continued nominally in the hands of the Drum family for some 
years after this date, when they reverted to the Earl of Mar ; and, on his 
forfeiture, were bought by his brother and David Erskine of Dun, who 
sold them to John Farquharson of Invercauld, as appears from the 
following : — 

" Instrument of Sasine in favor of John Farquharson of Inver- 
cauld, proceeding on a Charter of Resignation from James and David 
Erskine in the lands of Torragalter and Richarkarrie, dated 13th July 
1726." 

These lands have ever since remained^ an integral portion of the 
Invercauld estates, and are thus described in the deed of entail, 1788 : — 

"^ All and Whole that half Davock in Glengaim called Richarkerrie 
comprehending the Town and Lands of Richarkerrie, Torran, Tomnafey, 
with the mill of Richarkerrie, mill Lands, multures and sequels thereof 
with the shealings and grazings in Glasschyle and Corybeg lying in the 
Parish of Glengarden and Sheriffdom of Aberdeen, and which half 
Davock land is a part and pendicle of the Lands of Glengarden, To- 
gether with the whole Salmon Fishings, woods, and others within the 
bounds of the whole lands above mentioned. Together also with the 
whole Castles, Towers, manor places, houses, Biggings, yards, Orchyards, 
mosses, meurs, meadows, grazings, shealings, annexis, connexis. Tenants, 
Tenanebrics and services of free Tenants parts, pendicles and pertinents 
of the said whole Lands above mentioned." 

TOMBELLY AND DALBEDDIE. 

These two small properties, lying along the north bank of the Dee 
from i^ to 3 miles beyond Ballater, were sometimes conjoined as one 
estate, but were more frequently held by different proprietors 

TOMBELLY, now known as Balgairn, derived its name from the 
Gaelic Tom Bhealaidh^ ix, Broomhill. 

The Writs referring to it contain also several of those relating to a 
portion of Dalbeddie. They are the following : — 



I04 RECORDS OF INVERCAULD. 

"Precept of Clare Constat by Alexr. Donaldson Esquire of 
Kinavidie, with consent of James, Earl of Fife, In favors of John Far- 
quharson of Tombelly for infefting him in the half of the Lands of 
Dalbeddie and the parts and portions before specified of the Lands of 
Tombelly, Dated 28th January and 8th February 1777." 

The John Farquharson, above mentioned, is probably a mistake for 
John Ferguson ; for in the Instrument of Sasine which follows upon the 
Precept of Clare Constat the name given is John Ferguson, which may- 
be verified by reference to the Record of Sasines of the County of Aber- 
deen, dated nth September, 1777, in which year there is recorded : — 

" Ext. Act and Warrant of the Lords of Council and Session 
in the process at the instance of John Ferguson, eldest lawful son of the 
deceased John Ferguson, Cooper in Aberdeen, and Elizabeth Joyner, his 
Mother, Tutor dative to her said son, against the nearest of kin and 
crediters of the said John Ferguson, whereby the said Elizabeth Jojmer 
is authorised to dispose of inttr alia the said lands of Dalbeddie and 
Tombelly above described, known by the general name of Tombelly, and 
authorising her to grant the necessary Dispositions in favors of the 
Purchasers, dated ist Augt 1777." 

Then follows : — 

'^Disposition by the said Elizabath Joyner, as authorised in 
manner aforesaid, To and in favor of William Farquharson of Bruxie 
his heirs and Assignees whatsoever of the said Lands of Dalbeddie and 
Tombelly with the pertinents containing Procuratory of Resign, and 
Precept of Sasine ; Dated 8th July 1778," 

Instrument of Sasine follows thereon, dated i8th December, 1778. 

William Farquharson, styled here of Bruxie, was the nephew of the 
'* Baron Ban," and his successor in the Estate of Monaltrie. Bruxie is a 
small property in Buchan which he had acquired through his mother, 
Helen Baird, and which he sold when he bought the lands of Tombelly 
and Dalbeddie. 

DALBEDDIE (DALBAGIE),' 
The history of this small property, which adjoined, as already stated, 

I The name, Dalbagie, is but Uule modified phonetically from a Gaelic expression signilying 
" The Haugh by the boat on the Dee,*' which is quite descriptive of the locality, there having 
been from an early date a ferry over the river here, which was only superceded a few years ago by 
the erection of a neat foot-bridge. The boat-pool is called Pol-cokik, a shortening of Pol-calmaig 
so niuned after St, Qdmaig, in whose memory a &ir wasjong kept up in the neigfabourhood. 



ESTATE PAPERS: DALBEDDIE. IO5 

that of Tombdly, is rather curious, and may be interesting to the descen- 
dants of those who v^ere connected with it It is therefore given in some 
detail 

It had long been held by vassals of the Earls of Mar whose names 
have not been recorded. On the collapse of the Rebellion of 171 5, the 
property was forfeited to the Crown, and afterwards conveyed, with 
many others in superiority, if not in Fee simple, to the Earl of Fife, by 
whom A Charter, on the Resignation of the previous holders, was 
confirmed " in favors of Charles Gordon of Abergeldie, his heirs and 
assignees whatsomever, of All and Whole the Town and Lands of 
Dalbedie, Dated 22nd November, 1768." 

Then follows : — 

" Disposition by the said Charles Gordon of Abeigeldie in favors 
of Finla Farquharson of Rochallie, his heirs and successors whatsoever, 
of the said Town and Lands of Dalbeddie and Tiends thereof under the 
Reservations therein mentioned, containing Procuratory of Resignation 
and Precept of Sasine." 

It further contains : 

** A Special Assignation in and To the above mentioned Charter 
of Resignation and Confirmation, Dated 7th December 1768." 

The Finla Farquharson above mentioned did not long retain 
possession ; but it is singular that some of the old peasant families long 
retained a recollection of him as a good old Laird. 

He was a somewhat prominent individual in his time, and for good, 
both here and in Perthshire, where his principal estate was situated 

He soon makes the following Disposition : — 

** Disposition and Assignation by the said Finla Farquharson of 
Rochallie in favors of Alexander Farquharson of Houghtin, Accountant 
in Edinburgh, his heirs and assignees whomsoever, of inter Alia the said 
lands of Ddbeddie and pertinents containing special assignation, In and 
To the said Charter of Resignation and Confirmation and unexecuted 
Precept of Sasine therein contained. Dated 7th December 1772." 

Theie follows : — 

*" Disposition and Assignation by Francis Farquharson Eldest 
son and heir, served and Retoured, to the said deceased Alexander 

O 



I06 RECORDS OF INVERCAULD. 

Farquharson, Conform to Retour of his general service expede before the 
Sheriff of the County of Edinburgh upon the ist day of April 1789, To 
and In favours of William Farquharson, Esq. of Monaltrie, Advocate, of 
inter alia All and Whole the Town and Lands of Dalbedie (which) con- 
tains special Assignation in and To the said unexecuted Charter of 
Resignation and Confirmation, Dated 24th March 1795/' 

Instrument of Sasine follows thereon ; and the Estate thus incor- 
porated in that of Monaltrie came into the possession of the Invercauld 
family as stated in the Deed of Disposition by William Farquharson, 
Dated 26th January 1803. 

The three Farquharsons, mentioned in the Deed of Disposition and 
Assignation, comprise the Lairds of Monaltrie of the second Family, who 
successively held the estate from its acquisition in 1702 : ist Alexander 
Farquharson, younger brother of John of Invercauld : 2nd Francis, his 
son, the " Baron Ban '* of the '45, whose mother was a daughter of the 
House of Finzean ; and 3rd William Farquharson, nephew of Francis, in 
whose favour the deed was made by his uncle. 

William, during the thirty-eight years of his tenure of the property, 
was a prominent leader in every movement that had for its object the 
promotion of the material or social prosperity of the country. Following 
the example of his uncle, he introduced many agricultural improvements, 
planted much timber, made new roads and bridges, held courts of law as 
a Justice of Peace, founded and promoted the St Nathlan Lodge of 
Freemasons, and, to crown all, was the founder of the village of Ballater. 
He died at Vivay, in Switzerland (whither he had gone for his health), 
where there is a tombstone bearing the inscription : — 

" Saoed to the memory of W. Fa&quha&son of Monaltrie, who died at Vivais, 28th Nov., 
i8a8, aged 74." 

And on the knoll of Tomnakist, to the east of the old church, there 
is an obelisk to his memory, erected by his widow, who was a daughter 
of Mr. Garden of Troup, M.P., bearing a similar inscription. 

Several anecdotes r^[arding the old laird, as he was generally called 
in his later years, were wont to be related by himself to the friends who 
assembled round his hospitable board, one of which may be here 
recorded, 



ESTATE PAPERS : TULLOCHCOY. 10)^ 

Having been bred to the law in Edinburgh, he was while there one 
of a party of some celebrities invited to meet the poet, Bums, during his 
stay in the capital. In the course of the evening the poet, happening to 
make some inquiries as to the position of his clansmen in the north, Mr. 
Farquharson was proceeding with characteristic modesty to represent 
them as a minor clan, not claiming to rank with such as the McDonalds, 
Campbells, and Camerons, when Bums interrupted him, saying, ^ Hold, 
sir ; you have no reason to be ashamed of your clan ; see that your clan 
have no reason to be ashamed of you." '' He was a wonderful man," 
Monaltrie would observe, "I soon discovered that he knew more of the 
history of my clan than I did myself" 

TULLOCHCOY. 
This property was bounded on the south by the river Dee, on the 
west mainly by the Bum of Farder, on the east by the watershed on 
Craignordie (Crai^ fi ard Dhe^ i,e. the hill that bounds the upper Dee) 
between it and the estate of Monaltrie, while to the north its hill grazings 
extended for miles into the valley of the Gaim. The site on which the 
mansion was built commands one of the finest views to be had in the 
whole country, and is justly admired. Right in front, across the Dee, is 
seen the Balmoral forest in its full extent, with Lochnagar from base to 
summit in all its grandeur, while more to the right the snow-clad corries 
of Bennabourd with his humbler neighbours shut in the scene. 

There is a little difficulty about the etymology of the name ; some 
would derive it from Tollach ghaoth^ Le. windy dale, others prefer Tollach 
Dhaibhidh^ i.e. David's dale. There is not much difference phonetically 
between the Gaelic expressions ; and David, however originating, was 
not an uncommon name in the family of the old proprietors. 

Near the march between the Tullochcoy and Monaltrie properties, 
on a narrow flat beside the Dee, the Caimachuhnh (caim of remembrance), 
the slogan or rallying cry of the Farquharsons, still marks the ancient 
meeting place of the clan when called to arms by their chieftains. 

There seems to have been from an early date a separate property of 
this name ; for in the Charter of Queen Mary to her natural brother, the 
R^ent Moray (A.D. 1564), it is thus entered : — 

~ Terras de TuUoquhy extendentes annuatim ad viginti sex solidos 



Io8 RECORDS OF INVERCAULD. 

octo denarios firme, quartam partem marte, quinqiie lie reik heonis, vnum 
muttonem, vnam bollam avenarum, pro areagiis et careagiis sex soIidos» 
et in quinquennio quinquaginta tres solidos quatuor denarios gressume." 

In later times it would appear to have been a portion of the Inverey 
lands, and to have been given to James Farquharson either by his iather, 
James of Inverey, who was descended from Donald of Castleton, or by 
his elder brother, Ludovick, or Lewis of Auchindiyne. 

There are many traditions r^[arding the part taken by the proprietors 
in the Risings of 171 5 and 174S ; but none of them is supported by 
these papers. 

In the Poll Book of 1696 the property b ranked under the name of 
Lodowick Farquharson, who was Laird of Auchendren and elder brother 
of James Farquharson, the latter being entered ''of Tullochcoy for 
heretor, and generall poll at £4. 6." He was at this time married and 
had three sons, James, David, and John. 

The first document relating to the property, among the Invercauld 
papers, is a 

"Charter of Resignation and Confirmation by William, 
Lord Braco, In favors of James Farquharson of Tullochcoy in liferent and 
Peter Farquharson, his eldest son, in fee, and his heirs and asignees, of the 
Lands of Tullochcoy above described, Feu duty ;^8. 6. 8 Scots, and 
double at the entiy of heirs — " 

It contains a number of personal services which are convertible, and 
accordingly the Charter embodies this Declaration : — 

** And in case we, or the said James and Peter Farquharsons and 
their foresaid, shall at any time take the benefit of the late Acts of 
Parliament discharging and converting any of the particulars and 
prestations above written, they should be liable to us and our foresaids 
for the l^al value and avail of the same, which is hereby expressly 
reserved. Dated 26th June 1755." 

There follows, 

'' Instrument of Sasine upon the said Charter of Resignation &c 
in favours of the said James and Peter FarquharscKi, dated 17 October 
and Recorded in the Particulair R^t of Sasines kept for the County of 
Aberdeen the 12 day of December 1755," 

'NoTB. Thii Sanne was never delivered, but it 11 a public In£eftinent and requires no 



ESTATE PAPERS : TULLOCHCOY. 109 

Theie follows^ 17 years thereafter, 

" Disposition by the said Peter Farquharson of Tullochcoy with 
consent of said Isobel Forbes, his wife, of the said Lands of Tullochcoy 
with the pertinents in favors of James Farquharson Esq. of Invercauld 
his heirs and Assignees whatsoever, containing : — 

" Procuratory of Resignation and Precept of Sasine, Dated 
14th October and 4 Novr. 1772 and Ratified by Isobel Forbes of said 
last Date." 

Sasine follows thereon. 

It would appear from the date inscribed on a stone which formed the 
lintel of the house built by James Farquharson, First of Tullochcoy, that 
the property had remained in the hands of this family for a period of at 
least 80 years, viz., from the building of the first mansion there, the date 
of which, as recorded on the lintel referred to, is 1693. The inscription, 
carved in relief, 

I. F. : A. O. 1693, 
is still extant 

I. F. signifies James Farquharson, and A. O., Agnes Ochterlony, 
who was a daughter of the minister of Fordoun. They were succeeded 
by their son, James Farquharson, who married May, daughter of Charles 
Farquharson of Monaltrie (son of Colonel Donald Farquharson alias 
''Donald Og"), and had, with other sons and daughters, Peter Farquhar- 
son of Tullochcoy, bom about 1723. 

The following is a quaint account of the rental of this property at 
the time it was sold to Invercauld (1772) : 

" A Compleat Rentall of the Lands of Tullochcoy payable Mart 
1771: 

lbs sk pen 
By John Mcpherson, Mains of Tullochcoy - - 93 9 o 

By Allan Couts 27 o o 

By Thomas McDonald in full - - - - 55180 

By Donald Couts in full 48 o o 

By the Stran vig on the other side fardei: - - 35 o o 

By the Walkmilne 10 o o 

By Gateside & house-at-Rodside - - - - 20 o o 
By the Lyne-TuUochcoy 43 10 o 

Totall 332 17 o 



no RECORDS OF INVERCAULD. 

By peats, wherof the number 
of the loads pd by the tenants 
yearly ther teen score of loads. 
By harvest work sixteen 

hooks, one day ; 
By the lentran work, Eight 

horses with hands to 

work them with, in the 

muck miden." 

A more particular and detailed account of the Rental, with conditions 
and prospects of the property, was drawn out in the following spring, 
which will not be without some general interest as showing the state of 
agriculture, and the nature of the holdings and rents a century and a 
quarter ago. The value in sterling money, exclusive of the services, of 
the yearly rents was almost exactly ;C26— a sum which was then worth 
probably many times the amount at the present day. 

Men 
"iQthFebfy Oxcnft Hooki Londi m,«.^p^. 

1772 Rental of the Lands of hones in Har- of '^'^^ *^* 

TULLOCHCOY g^ "^ P«^ ScoU. 

John McPherson in Mains of 
Tullochcoy, - - - -2 4 60 93 9... 

Allan Coutts, there, - - - 20 27 

Thomas McDonald in Wester 
Tullochoy, 2 4 60 55 18 ... 

Donald Coutts in Balnalan, - 2 4 60 48 

The Loin, now waste, John Mc- 
Pherson, the last Tenant, who 
removed from it Whitsenday last, 
paid, 2 4 60 43 10 ... 

The Half of the Straans, possest 
by Thomas McDonald and John 
McPherson, they pay j^S each for it 15 

The other Half of the Straans, 
possest by John Davidson Millart 
at Milne of Inver, for which he pays 20 

The Wauk Milne wants a Ten- 
ant just now, but paid when sett - 10 

Janet Lamond for the Stone 
houses at the road side - - 3 12 ... 

James Bowman at Gate side - 16 13 4 



Totall - 8 16 260 j£ 333 2 4 



ESTATE PAPERS : TULLOCHCOY. Ill 

Deduce Publick Burdens : — 

Stipend - - ;^ii 13 8] 

Feu Duty - 8 6 8V 

Schoolmr's Salary i 15 9} ^^21 16 i 



Remains of free Rent - - . - ;^3ii 6 3 
N.B. The above men & horses in ' 

Spring are for putting out the dung 
on the Heritor's Land in the time 
of the Bear Seed! 

** There are no Tacks on the Lands except a Liferent Tack that Tulloch- 
co)r's Sister has, who is married to Donald Coutts within mentt ; and 
about seven years that's to run of Thomas McDonald's Tack — Att the 
expiration of Donald Coutts's wife's Tack, it will rise to about twenty 
pounds Scots more. It was sett by Old TuUochcoy to her and her 
former husband, who was also Donald Coutts, and the longest liver of 
them both ; & it may be presumed by any body who knew . old 
TuUochcoy that he would not sett it but at a very easy Rent, especially 
to his Daughter. 

" Thomas McDonald's possession will rise to about five pounds Scots 
yearly more: 

^ The Lands are very improveable. The purchaser may, by enclosing 
and improving, increase greatly the Rent — There is also on the Lands a 
good deall of fine Birch wood acknowledged to be the best in the whole 
Country. It will give the Heritor upwards of 3000 mks once in the 
twenty years. 

" The Tennants pay the Cess. 

'* The Straans are the low grass ground lying 
by the side of the Bum and marching wt 
Invercald's lands of Inver." 

The family of TuUochcoy trace from the Inverey branch of the Clan. 
James the first of Inverey had by his second wife — Agnes Ferries or 
Fergusson, daughter of the minister of Crathie — ^three sons : — 
I. Lewis or Ludowick, ist of Auchindrine, 
I L James ist of TuUochcoy, 

III. Donald, who died unmarried ; 
and three daughters. 

I At thftt ttme and for nearly half a century later, bear was Uie crop most relied on for rent, 
and to tbe caldtation of which most attentum was given. As yet neiU^r potatoes nor tamips had 
bectt introduced as a field crop, and the form manure was applied to the follow on which Uie bear 
was to be raised. Hcnoe the common saying, ^* When the mock's out the bear-seed's done." The 
bear was also the most marketable of the farm produce. It was sold as grain, as meal, and as 
malt, wbicb last in the days of the smuggling rose to a very high price. 



112 RECORDS OF INVERCAULD. 

In the Poll Book (1696) Ludowick Farquharson is styled of 
Tullochcoy, and his valued rental is stated at j£go ; the rate on which 
payable by his six tenants is 18 shillings. 

Next follows, on the same property, his younger brother, who is 
entered as already stated : — ** James Farquharson of Tullochcoy, for 
heretor & general poll — £4 o a" 

He is said in the Poll Book to have a wife and three sons, James, 
David, and John. His wife was Agnes Ochterlony, daughter of the 
minister of Fordoun ; but there is some mistake about the name of the 
third son, who in the family chart is called Alexander. He became a 
sui^eon and died abroad. David married a daughter of Thomas Gordon 
of Crathie or Crathienard, and had issue.' 

James ist of Tullochcoy was the fourth son of James ist of Inverey, 
there having been two sons, William and John, by his first wife, Catherine 
Gordon, a daughter of the laird of Abergeldie. 

James of Tullochcoy was succeeded by his eldest son, also James, 
who married May or Marjory Farquharson, daughter of Charles of 
Monaltrie, and had with her a large family. This is the James mentioned 
in the Charter of June I75S> and is also the "Old Tullochcoy" refe rr ed 
to in the above Rent roll. 

The description of the property given above was, as it indicates, with 
the view of exposing it for sale. It was purchased by Mr. Farquharson 
of Invercauld, who, as appears from other documents, held some bonds 
on it. It is not quite clear what was the full amount paid for it The 
balance due at settlement — if it was not also the full price — ^is shown by 
a bill granted by the purchaser to the disposer. As it casts some 
interesting light on the manner of transacting such business at the period 
to which it refers, it is here recorded in due form. It bears no stamp : — 

I Their nq>hew, Thomas Gordoo, born in 1743, sacoeeded his fiither in the property of Crsthie- 
nsrd, but qualified for the ministiy. He graduated at Marischal College and IJniversity in 1761 ; 
was licensed by the Presbyteiy of Kincardine O'Neil as Misrionaiy in Cnthie (Bnemar) 1767 ; 
he removed afterwards to Glenmoick (Glengaim), and was presented to the Parish of Aboyae by 
Charles, Earl of Aboyne, as colleague and soooessor, in April 17S4. He married Etiaibcth 
Michie, and died in i8j6» in the S^id year of his age and 4and of his ministry in Aboyne, leaving 
n son, John, who went to Jamaica, and several dauf^hters, 



ESTATE PAPERS: TULLOCHCOY. H3 

"^ Balmoral 4th November 1772 
Against the twentieth of December Seventeen hundred & Seventy 
two yesLTS pay to me or order at the Coffee house in Aberdeen Six hundred 
>unds Sterling value due to — 

James Farqrson of Peter Farqrson. 

Invercauld Esqr. acc a pte J a s F a rqrB o n " 

The back contains the following notes : — 

"Pay the Contents to John Forbes of Bellab^ or order, value 
Received — Peter Farqrson." 

*• Pay the Contents to Mr. George Forbes, Minister of Leochel, or 
order, Value Received 

John Forbes." 

"Aberdeen 22 Decemr. \ I have Received payt of the Contents Pd. 

Geo: Forbes." 

John Forbes of Bellabeg, fiither of the founder (also John Forbes) of the great commercud 
boBse of Forbes & Co., Bombay, was fiither-in-law to Peter Farqaharson of Tnllochcoy— « 
idationship that was afterwards of benefit to Farqaharson's descendants. 

Mr. Geoige Forbes, nunister of Leochel, was elder brother of John of Bombay, and fiither 
of his snooenor. Sir Charles Forbes, Bart, of Newe & Eding^assie. 

The date of this bill, '< Balmoral, 4th Novr. 1772", is interesting in regard to the connection 
of the Inverey Farqnharsons with BalmoraL It appears to indicate that Peter Farqnharson had 
already in November 1772 left Tnllochcoy, and was then staying at Balmoral with his second 
cousin, Alexander Farqnharson of Inverey. Balmoral, or (as it appears to haye been at first 
generally written), " Balmurell" or " Bahnnrrell," came before the end of the 17th century into 
the poJSCMion of Charles Farqnharson, grandson of the first Inverey and half-brother of John, the 
*' Black Cotonel,'* probably through an intermarriage with one of the Gordons of Abergeldie. 
Oiailes was soooeeded by Us nephew, James Farquharson of Balmurrell, who was " out " in the 
risingB both of 1715 and 1745, was severely wounded at Falkirk in January 1746, and was 
thereby, and also probably by advancing years, precluded fipom taking any further part in that 
campaign and from bdng present with the clan at CuUoden. He died soon afterwards, and by 
his death and that of his nephew, Finlay of Inverey, the descendants of the first Inverey by his 
first wife, Catherine Gordon, became extinct. The estates of Inverey and Balmoral then fell to 
Alexander Farquharson, the third Laird of Auchindryne, descended from the first Inverey by the 
biter's seoood wife, Agnes Ferguson. It was this Alexander who was second cousin of Peter of 
TnUodiooy, and who was at Bafanoral in 1773. Am one or more members of his femily, whether 
of Inverey, Balmoral, or Auchindryne, had taken part in every rismg in the Highbmds, first under 
Mootioae in 1645, then under Dundee in 1690, and afterwards in 1715 and 1745, and all 
invariably on the Stuart or losing side, they must have snfiered considerably both in person and 
estate. Although for many years owners of and resident at Bahnoral, these Auchindryne-Invereys 
ahrays designated themselves simply as Farquharsons ** oi Inverey." Alexander was succeeded 
by hb son James, who sold Inverey, Balmoral, and Auchindryne to the second Earl of Fife, and 

P 



114 RECORDS OF INVERCAULU 

removed from Balmoral towards the end of the last oentniy to Bmiie, in Old Deer» a p r op e ity 
which he had acquired from Farqnharsoa of Monaltrie hj ezdiaa^ far Tnllidi and Ballater, 
which up to that time had been Inverey property. He died about 1820 at Jock't Lodges near 
Edinburgh. His younger brother Lewis had adopted the surname of Innes on succeeding a ooosin 
of that name in the properties of Balnacraig in Aboyne and of BallQgie in Birse. He died in 
September 1850, the last of the Auchindryne-Inverey Farquharsons. On his death the represen- 
tation of the Inverey branch of the Qan fell to the frunily of Tullocfacoy. 

It is singular that although the senior Inverey and the junior TullodidDy lamilies were both 
Protestant, as indeed the other principal Farquharion fiimilies have always been, all the Audiin- 
dryne Farquharsons, from the first Ludovick or Lewis of about z68o down to the last Lewis Innes 
of Ballogie, who died in 1850, adhered to the Roman Cathc^c fiuth. The Rev. John Farqnhanon, 
a Jesuit, is stated in " Browne's History of the Highlands ** to have been a missiooaiy in 
Strathglass, where before 1745 he made a large collection (afterwards unfortunately lost) of Gadic 
poetry ; to have been afterwards in 1763 " Prefect of Studies " at Douay ; and to have retired 
from there to Deeside in 1773. He died in August 1782 at Balmoral, as ** Chapfaun to hit 
nephew, Alexander Farquharson, Esq. of Inverey." His younger brother, Charles, also a Jesuit, 
died as Roman Catholic missiooaiy at Braemar, in Novr. 1799, after his grand-nephew James had 
sold all the Inverey bmds in Upper Deeside to the Earl of Fife. 

The old TuUochcoy family is now represented by Francis Farquharson of Belnabodach, 
Strathdon, the Uim to which his great-grandiather, Peter, retired on disposing of Tullochccy in 
1772, and which he himself has in more recent times purchased from the present Duke of Fife. 
There are several collateral descendants in the same degree of consanguinity occupying responsible 
positions in the country, two of whom are members of the New Spalding Qub. 

A curious coincidence has recently occu r red in connection with the above mentioned fiunily 
of Forbes of Bellabeg. The elder brother of John Forbes of Bombay, mentioned in these papers, 
was the Rev. George Forbes ; the grandson of the latter. General Sir John Forbes of Invereman* 
was on 3rd June, 1899, awarded the Giand Cross (Military) of the Order of the Bath. An elder 
sister of the same John Forbes, Anne, married James Gordon of Croughly in Kirkmichad, Banff- 
shire ; her grandson, Lieut -General Benjamin Lnmsden Gordon, was on the same day, 3rd June^ 
1899, appointed a Knight Commander (Military) of the same Order. Another dder sister of the 
same John Forbes, Isobel, married, as appears from these Tullochcoy papers, Peter Farquharson of 
Tnllochcqy ; her great-grandson. Colonel John Farquluuson of Cotrachree, was on the same day, 
3rd June, 1899, appointed a Knight Commander (Civil) of the same Order. Considering the 
very small number of these distinctions (G.CB. and K.C.B.) which fiUl to be annually distributed, 
and the very large number of naval, military, and civil servants of Her Majesty, as well ta of 
distinguished persons in private life, who have claims to receive them, it is somewhat remarkable 
that three of them should on one and the same day fiUl to the descendants of a brother and two 
sisters of a fiunily settled more than one hundred years ago in a remote comer of Aberdeenshire. 
Two of the above officers still remain locally connected with the north ; Sir John Forbes having 
inherited from his mother, a descendant of the old Skellater line, the estate of Invereman, in 
Strathdon, while Col. Farquharson has inherited from his nnde, Lieut -CoL John Farquharson, a 
grandson of Peter Farquharson of Tullochcoy, the estate of Corrachree, in Logie-Coldstooe. Am 
to the Cronghly Gordons, a distinguished military fiunily, one member of which fought in the 
Peninsula and another at Waterloo, while other members have fought in more recent wars, no 
representative is known to be now locally resident either in Aberdeenshire or Banfishire. Iient« 
General Sir B. h. Gordon is resident in England, 



WOODS AND GRAZINGS. 

. CORRIEVOUIE. 

Marches, rights of grazing, and forest rights, as already noticed, 
were a fruitful source of disagreement between neighbouring proprietors, 
and sometimes between vassals and the Superiors. Previous to the 
banning of the 17th century, the Earl of Mar had been in the way of 
granting properties of small extent for services rendered and to be 
rendered, often also for money lent, or for an annual payment by way of 
feu duty. These properties or lands were held on verbal missives, and 
there was little wonder that afterwards when written charters were 
granted much misunderstanding should have arisen about previous 
privil^es granted " by word of mouth." 

The following letter refers to a dispute of this nature. It would 
appear that Charles Gordon of Abeigeldie had been chosen arbiter 
between the parties, and his finding had by no means given satisfaction 
to the Earl of Mar. The letter is characteristic of the imperious if not 
bullying temper of the incapable leader of the '15. 

Letter from the Earl of Mar to Charles Gordon of 
Abergeldie : — 

" Charles, 

Since I came here I got yours which indeed surprises me as 
much as the deforcement did, for you not only vindicat the action but 
says that Invercald has right to the Corivows which he does not himself 
pretend as you may remember he acknowledged to me when he made me 
that discreat visit at Alloa two years ago. 

** As for the grazing his own cattle there I do not controvert, but at 
that time he told me he had no right for any other but a mere tolerance 
his mother had by word of mouth from my father. The Corivows were 
alwise in use to be driven ; and he cannot pretend that I did not discharge 
any lowland cattle to be grazed in Braemar this year ; for my order there- 
anent was intimat at the Church doors and to every one of the grassers, 
tho' Invercald did what he could to hinder it To make a long tale short, 
Charles, this affair is past redding espeatially considering their justifieng 
the thing, and either they or I shall be master, for I'm wearie liveing 
betwixt hawk and bussard. You may choise as a nighbour wch to join 



1 16 RECORDS OF INVERCAULD. 

with — Invercald or I, and I shall be glade to know yr choise you make for 
yr. self. 

I am 

Yr humble servant 
London Mar 

November 6th 1705." 

The Earl of Mar, who was then Secretary of State for Scotland, was 
resident in London. His letter is directed to Abergeldie, where it arrived 
on 26th November, thus taking 20 days on the way. The Lady of 
Abergeldie forwards it to her husband, who was in Edinburgh on this 
and other matters, with .the following observations which do her credit : — 

" My dearest. 

This morning the inclosed came to my hands, and 
finding the bearer going for Edr. I thought fit to send it to you lest ye 
might have use for it in managing the affair ye went thither for. AH 
things here continue as you left them, and the Lady Invercald is on the 
mending hand. I shall wish ye make all haste to come home ye can. 
Your children are, blessed be God, in good health. 

" Wishing the Lord may be with you and restore you and those in 
company with you to your own again and grant us a happy meeting, 

I am. 

My dearest, 
Abergeldie Your most affectionate, 

26th Novr, Spouse 

1705 Rachel Gordon 

'' My dear, with all the trouble you have buy me an Apron of 
coloured Irish (Highland) tartan or cailigo. Give my service to Invoxald 
and Inverey." 

This is delightful When the great Earl of Mar is scolding and 
threatening her husband, who, with Invercauld and Inverey, the three 
largest proprietors on Upper Deeside, is compelled to go to Edinburgh 
in defence of their rights, the Lady of Abergeldie in her sympathetic 
letter puts in a postscript, where proverbially the pith of a lady's com- 
munication is generally placed, the modest request, — " buy me a tartan 
Apron." 

The simplicity of the tastes and lives of the gentles of those days 
could not be better illustrated. 

Rachel Gordon was not, like several in that and some in later times, 
raised from a humble position. She was the heiress of Abergeldie, and 



WOODS AND GRAZINGS: CORRIEVOUIE. II7 

it was through her that her husband obtained the estate. The Gordons 
of Abergeldie were a very ancient family, descended from Sir Alexander 
Gordon, second son of the first Earl of Huntly. The fifth in descent 
from him was John Gordon of Abergeldie, who, dying without issue, the 
estates and representation of the family devolved on. his sister, Rachel, 
who married Captain Charles Gordon, son of Peter Gordon of Minmore, 
a cadet of the ducal family. 

Captain Charles Gordon was a capable man of affairs, and of high 
reputation for judgment and justice throughout a very wide district 
Indeed during his time no man bulks more largely in that part of the 
country as a counsellor, a referee or an arbiter — sl position not easily 
sustained at a time when a litigious spirit was peculiarly rampant 

The "Lady of Invercald** referred to was Isobel Burnet, eldest 
daughter of Sir Alexander Burnet, Bart of Craigmyle, and first wife of 
John Farquharson of Invercauld. — See Family Papers. 

The litigation to which the preceding letter refers, so far as John 
Farquharson of Invercauld was concerned, originated in a disputed right 
of pasturage claimed and exercised by him in the Glen of Corrivows. 
Before the case came into court it very nearly led to bloodshed between 
the contending parties. As presented to the judges it took the form of an 

" Instrument and Protest : 

Kenneth McKenzie 

Against 

John Farquharson of Invercald 

with his answers therto." 

Kenneth McKenzie of Dalmore, now Mar Lodge, who was acting 
under instructions received from the Earl of Mar, sets forth :— r 

"^Att and upon the ground of the Queenes forest of Corriwue 
belonging heritablie to ane Noble Earle, John, Earle of Mar &c, the first 
day of August one thousand seven hundereth and fyve yeirs, And of her 
Maties reigne the fourth year. In Presence of me, nottar public, and 
witness under subscribing. Compeired personallie Kenneth McKenzie 
of Dalemore, flforrester to the sd. Noble Earle his haill woods, parks and 
forrests mthin the Earledome of Mar, And past to the personal! presence 
of John Farquharson of Invercald. And then and there the said Kenneth 
McKenzie openlie declaired himself in the words verbatim following viz : 
' I haveing received ane missive letter from my master, Uie sd. Noble 



Il8 RECORDS OF INVERCAULD. 

Earle, daited at Edr. the eleventh day of July last by past (which heir I 
present to you, nottar publtck, to be sein and read) wherin I am expressly 
ordered to dryve his cops, forrests, gather together the bestiall therin, and 
to take bands from the owners to answer to the Courts for them, when 
called. And for these goods that no persons ownes, nor will grant 
oblidgement therfore, to send them straight to Alloa.' 

In obedience to which letter I did yesternight — I did convdn some 
of the Earles servants and tenants with my own, And have gathered all 
the goods I could find in the sd forrest to this place, and have agreed with 
severall persons, owners therof, And ordered the Clerk to write oblidge- 
ments in the termes of the sd letter. I have severall times this day 
offerred to you, the sd John Farquharson of Invercald, the haill bestiall 
not only belonging to yourself but also to low Country men which ye 
have in grassing, upon your g^nting of ane oblidgement therfore which 
ye have altc^ther stifflie denyed, And on the contrairie hath gathered 
togither ane convocatione of her Majesties leidges to the number of three 
or four hundereth weill armed with guns, swords, targets, durks, pistolls 
and drawen up with Captaines and Commanders in battle rank, from the 
sun ryseing to this instant being neir his goeing down, in order for ane 
onsest to deforce me in executeing my office as fibrrester forsaid, wher- 
upon I proceeded to the prosecutione of my orders contained in the said 
missive letter. And commanded some of the tenants in the Castletoun of 
Braemar to dryve your sd cattle to Alloa, which they beginning to doe ye 
immediatly detatched from the mayne bodie or convocatione of your men 
the number of ffiftie or therby. And marching yourself upon their head 
with ane bagpyper playing, you masterfuUie and violently turned and drove 
back the sds. goods and tennents forsaid who were dryving them, all 
which was sein by you, Nottar publick and witneses aftemam^, wheifore 
I find myself obleidged in dutie to take the protestatione following, viz : 
I protest against you, the sd. John Farquharson for committing ane 
manifest ryot in gathering and convocating her Majestie's leidges in time of 
peace ; fTor your comeing in ane hostile manner and masterfuUie and 
violentlie deforceing of me, as fTorrester forsd., in executing my office. And 
for your denyeing and disclaimeing the said Noble Earle, your superior 
forsaid his authoritie ; And furder, I protest against you for all coast with 
damnadge interest in the hands of you, ffirancis Moir, nottar publick." 

Such was Dalmore's account of the affair. Invercauld's was as 
follows : — 

"To which it was answered by the said John Farquharson of 
Invercald that after he came to his glen of Corriwue he found the said 
Kenneth McKenzie with a great number of armed men togither with a 
partie of the Queen's forces, having no warrand, in possession of his 
proper and grassings cattle upon which the said John Farquharsone 



WOODS AND GRAZINGS: CORRIEVOUIE. tip 

desyred by whose warrand he committed such a ryot in medleing with 
his catle upon the said Sovereign's grassings upon which there was 
produced a missive letter from the Earle of Mar desyreing the sd. 
Kenneth Mackenzie to dryve royal catle he fand in his forrest and get 
oblidgements for the same after the tenor of the sd. missive letter or to 
dryve them to Alloa, which the said John Farquharson judged to be no 
suflicent warrand, since it could not be the meaneing of the said Noble 
Earle to include as ane forrest the grassings of the said Corriwues, the same 
being always excluded in such dryvings, And his and his predecessors' 
proper and grassing Catle, peaceablie and withoutdisturbance of such orders 
possest past memorie of man and consequently that the coast, skaith and 
damns^es of the said illegall dryving (being without warrand) might be 
imputed to the said Kenneth McKenzie alenarly as actor and be lyable for 
the same. As to the allegat convocatione the said John ffarquharson 
denyes the same in respect he came with what partie he onlie brought 
with him with dc^s and provisions in order to hunt with the laird of 
Mcintosh and some of his friends who by appointment did meit the same 
day, but that they were diverted by the noyse and tumult of the said illegall 
dryveing. As to the allegat deforce it is positivelie denyed that the said 
John fiarqrson marched on the head of any partie or had any pyper as is 
allegat, but that he sent a few of his own tennents with his herds to bring 
back his catle to their pasture being laid aside to that effect by the said 
Kenneth McKenzie of consent So that there can be no show of any 
deforce pretended since there was no violence, threats, stroaks, or ill 
words past betwixt any of the said parties on aither sides. Upon all and 
sundrie the answers above writen the said John Farquharson of Invercald 
asked and took instruments in the hands of me, nottar publick under- 
subscribing. 

"Thir things were done upon the ground of the said Corriwue 
betwixt five and six hours in the afternoone plane day, month year of 
God and Queene's reig^e above named and before witneses viz : Alxr 
McKenzie of Dalemore, Donald McKenzie jnr, John McKenzie in 
Glenlue, and William Mcintosh of Bordlam, Lachlan ffarqrson servitor to 
the said John ffarquersone and James Shaw son to Duncan Shaw of 
Craichnaird witneses specally called and requyred to the premisses. 

" Ita est ut premittitur ego ffran- 
ciseus Moir &c. 

Fran: Moir, N.P. Etc 
Will Mackintoshe, wittnes." 

Kenneth McKenzie of Dalmore, forester &c. foresaid, was the son of 
John Farquharson's aunt-in-law, his uncle Robert Farquharson's widow 
having married Roderick McKenzie, Kenneth's father, ' 



I20 RECORDS OP IHVBRCAULD. 

The above is a typical spectmen of the manner in which the Lords 
Superior asserted their pretended rights, and the Highland chieftains 
resisted their claims. It was in some such dispute that, forty years 
before, originated the quarrel between Inverey and the Baron of Braickly 
which ended so tragically : 

" We'll fecht them, and shortly the cowards will fly. 
So come forth, my maidens, and turn back the kye.** 

Although the afiair at Corrievouie did not*end in bloodshed, it led to 
a bitter and protracted law suit. A summons was issued at the instance 
of Kenneth McKenzie of Dalmore against John Farquharson of Inver- 
cauld and his abettors, in which all the charges laid against him in the 
above indictment are repeated and emphasised in the usual verbose legal 
phraseology of the time. 

" The forsaid persons viz : John Farqrson of Invercauld (William) 
Mclntoshe yr of Bordlam with their complices having notice therof, and 
having to cover their evil designe, given out that they were to go a 
hunting, they did make an extraordinary convocation of betwixt three 
and four hundered men armed with &c. And coming in hostile maner 
and in form of weir to oppose said Kenneth McKenzie &c." 

The persons summoned by name to appear before a Court of 
Regality in Edinburgh were 

•* John Farquharson of Invercauld, William Mcintosh yr. of Bordlam, 
Charles Gordon of Abei^eldie, Alexr. Farqrson of Monaltrie, Peter 
Farqrson of Inverey, The Laird of Mcintosh, Donald Farqrson of Cams- 
nakest, John Farqrson of Aljanaquoich, John Mcintosh, son to Bordlam, 
William Mcintosh of Balnespick, William Farqrson in Glenlue, and John 
Ourre a/ias Neil Mcintosh/' 

The summons is dated 6th November 1705, a few weeks before the 
Lady of Abergeldie received the scolding letter from the Earl of Mar 
which she forwarded to her husband, then in Edinbui^h on this very 
matter. The date on which the court was to sit is left blank. 

It is perhaps unnecessary to explain why so many of the Mclntoshes 
were accomplices of John Farquharson of Invercauld in the affair of 
Corrievouie. Both Farquharsons and Mclntoshes were branches of the 
great Clan Chattan, and were thus natural allies. Besides this, there had 
been for many generations several intermarriages between them. 



WOODS AND GRAZINGS: CORKIEVOUIE. 121 

Invercauld's mother was the daughter of a former chief of the Mclntoshes, 
who had been for several years tutor on the estates ; and we shall hear 
of more intermanying in the next generation. Many ties, therefore, of 
blood and interest brought the two clans into close alliance with each 
other. 

It is worthy of notice that in the ill-advised, ill-conducted, and 
ill-fated insurrection which this same Earl of Mar organised ten years 
later, two of the persons here indicated, old Mcintosh of Borlam and John 
Farquharson of Invercauld, played the only heroic and distinguished part, 
the former as Brigadier General, and the latter as commander of Mar's 
own r^ment in the fatal expedition into England 

The disputes and misunderstandings, already referred to, which 
arose regarding marches and rights of grazing soon after the granting of 
the Charters by the Earl of Mar in 1632, though bitter enough for the 
time, were not prolonged. 

A Baron-Baillie Court was then sufficient to settle all differences, 
and from its decisions there was no appeal. As long as the old Earls of 
Mar continued to be the Lords Superior, their word was law, and was 
submitted to in almost every instance, although, as in the case of the 
Corrievouie grazings, the Superior himself was a party in the strife. But 
when the Superiorit}' passed out of the hands oT that family, when the 
old feudal jurisdictions were abolished and all disputes had to be settled 
in the recently constituted courts of law, the wordy warfare of parties' 
procurators often hung up a case for many years before a settlement was 
aAected. 

The most memorable instance of this kind that occurred within the 
Braemar bounds of the old Earldom was that known as '' William, Lord 
Braco Verms Farquharson of Invercauld and others, and Viu-versaP It 
had respect to the ownership of the Superior over firwoods wherever 
grown, and the rights of vassals to servitude over the Superior's iirwoods. 

The Extracts here given from the voluminous papers on the subject 
in the Invercauld repositories, have no bearing on the merits of the case, 
but simply refer to such incidental matters as illustrate the conditions of 
the country in its physical, industrial, and social aspects,* 

9 



122 RECORDS OF INVERCAULD. 

Ever since the acquisition of the Superiorities of the Braemar 
properties by the Earl of Fife, then Lord Braco, in 1725, there had been 
bickerings between his Lordship's servants and his vassals, the proprietors 
of the district, in regard to the Superior's forestry rights. The most 
noted of these disputes was one between his Lordship and Farquharson 
of Allanquoich. But after the purchase of the estates of AUanquoich, 
Inverey, Auchendrein, &c by the Superior, the grounds for the former 
strained relations between Superior and vassal were removed, and peace 
for a time secured. A serious disagreement, however, soon after arose 
between Invercauld and his Superior which led to a protracted law suit 
The misunderstanding would seem to have b^;un in regard to certain fir 
woods on the property of AUanquoich over which Invercauld claimed a 
servitude, and on his attempting to exercise this right he was served with 
an interdict by Lord Braco. 

There is among these papers a manuscript Draft copy of the 
Defences, headed : — 

"Edr. Sth Jany. 

1758 Defences for James Farquharson 

of Invercauld in the process of Declar- 
ator brought against him at the Instance 
of William, Lord Braco," 

in the case pending before the Lord Ordinary, Coalston. But as the case 
was appealed to the Inner House, and the printed pleadings before their 
Lordships are preserved, it will be sufficient for understanding the 
circumstances of the action to give here the Lord Ordinary's Interlocutor, 
which was as follows : — 

"The Interlocutor 

In the cause 
Lord Braco v. Invercauld 1759. 

"The Lord Ordinary having advised the above debait and heard 
partys FINDS That the Pursuer has right to the whole firr woods of 
naturall growth growing or to grow on any part of the Earldom of Marr 
belonging to the Defender and to cutt and dispose thereof at pleasure 
(excepting the firr woods growing or to grow between the Easter Garvallt 
bum and Craigkynock which do belong in property to the Defender) But 
subject to such timber as the defender may have occasion for for his own 



WOODS AND GRAZINGS : CORRIEVOUIE. 123 

particular use and the use of his tenants for their necessarys in their 
higging and labouring of the ground and for these uses only and within 
the bounds of their severall possessions. But maintains that what timber 
shall be wanted for said uses can only be taken at the sight of the Pursrs. 
Baillie or forrester, who is to direct and appoint what timber shall be 
taken and places from which it is to be taken for the uses foresaid, He 
acting Bona fide, and no so as to distress the Defender or his tenants 
emulously with the carriage from long distances where it may be had 
nearer, and that no timber is to be taken for the uses foresaid by the 
defender or his tenants without such previous order had obtained from 
the pursuer's Baillie or fforrester, the fTorrester being always obliged to 
authorise the cutting of such timber as may be fit for the purpose for 
which it is wanted and in places convenient for the purpose, and with this 
further provision that in case there shall not be sufficient timber growing 
on the defender's lands for the uses aforesaid that in that case the 
forrester shall be obliged to allow them to cut and take away, what is 
necessary for the purposes foresaid, forth of other woods in the said 
Earldom, and finds that the Defender is not titled to labour or manure 
any part of the Lands of Beachan in respect the feu right thereof bears 
the property thereof to have been disposed allenarly for sheillings, 
pasturage, and Grasings. But as to the other Lands belonging to me 
Defender finds that Siere is no Rule whereby the defender's right of 
cultivating or ploughing the lands can be particularly restricted and 
therefore refuses to declare in the generall terms lybelled That the 
defender has no right to cultivate or plough any part of the Lands 
adjacent to the woods whereby the encrease of the woods may be 
prevented, Reserving nevertheless to the pursuer when occasion shall be 
given for any such complaint to oppose such cultivation or ploughing as 
shall accord of the law. But finds that the Defender cannot plough or 
cultivate any ground whereon any fin* trees young or old are or sh^l be 
growing at the time ; as parties differ in their allegations with respect to 
that part of the land sett for tillage by the Defender to James Calder 
within the woods of Ballachbuic, Allows either party to prove their 
several allegations before answer and asigns the .... day of 
.... And asigns the same day for the pursuer to prove the alledged 
encroachments on his marches and Grants a conjunct probation to the 
Defender." 

This Interlocutor, io some particulars, was accepted by both parties ; 
but in others, and especially those on which he reserved his decision or 
allowed proof to be led upon, both parties appealed to the Inner House, 
before whom the whole case was again pleaded. The pleadings, as 
already stated, were printed for the use of the Court, and are as follows : — 



124 RECORDS OF INVERCAULD. 

" Lord COALSTON Reporter.] JUNE 24, 176a 

INFORMATION 

FOR 
James Farqukarson of Invercauld^ Defender, 

AGAINST 

William Earl of Fife, Pursuer. 

'' The Earls of Mar were Proprietors of a large Tract of mountainous 
Country, called BRAEMAR, or the Brae of Mar, situated in the Shire 
of Aberdeen, and ^art of the great Earldom of Mar, 

^ This great Family, according to the Custom of other great Lords in 
those times, feued out their Lands to sundry their Vassals, and, among 
others, they feued out to the Predecessors and Authors, of /mvrowA/, the 
Defender, the following Lands, vis. 

** imo, The Lands of Invercauld, comprehending sundry Lands, 
Grazings, &c particularly, the Shealings, Grazings, and Pasturages in the 
Glens of Glencalider and CorietHm, 

**2do, The Lands of Aberarder, comprehending sundry Lands. 
Both these lie in the Parish of Kindrocht. 

** 3/w, The Lands of Torgalter of Wester Micros, lying in the Parish 
of TuUich, and the Lands of Richatchary, lying in the Parish of GUn-^ 
gardyne. 

" 4/<7, The Lands of Crathie, lying in the Parish of Craihie. 

" Ito, The Grazings of the Water of Beachin, called Usquikaidu 

^ 6to, The Lands of Castletown, lying in the Parish of Kindrockt. 

^ J mo. The Lands of Monaltrie and Lawsie, of which InvercanUhas 
now only the Superiority. 

**A11 these Lands were held Feu of the Family of Mar, by 
InvercaukPs Predecessors, down to the Year 173$, when the late 
Invercauld purchased from the Lords Grange and Dun, the Superiority 
of all the foresaid Lands, th& Property of which he had before ; so that 
this Defender now holds of the Crown his whole Lands in this Country 
of Braemar. 

"In the same Year 1735, William Earl of Fife, the Pursuer, 
purchased from the same Lords Grange and Dun, all the Superiorities 
belonging to' the Earldom of Mar, with an Exception of such Superiorities 
as had been before disponed to Invercauld; and he also acquiied Right, 
from the said Lords Grange and Dun, to the Fir Woods which the Family 
of Mar had reserved to ^emselves, in the Feu-rights they had granted 
to their Vassals, as will in the Sequel be more particularly noticed, but 
with the Burden of a Servitude to these Vassals, upon those Fir Woods, 
for the Uses of Labouring and Building, as shall be afterwards more fully 
explained 



WOODS AND GRAZINGS : CORRIEVOUIE. 12$ 

^ Upon this Title to the Fir Woods, the Earl of Fife insists in a 
Process against the Defender, concluding inter aUa, Thut the Pursuer 
hath undoubted right to the whole Fir Woods, and Fir Trees, growii^ 
and to grow, upon the haill Grounds and Lands of the said Earldom of 
Mar^ lying within the Parishes of Kindrocht^ Crathie, Glengardyne^ and 
TulUchy except allenarly the Fir Wood lying betwixt the Easter GarvaU 
Bum and Craigkynach^ and has good and undoubted Right to cut, fell, or 
dispose of the same, at his Pleasure, leaving Wood sufficient to answer 
the Servitude. 2^, That the Heath or Moor Grounds l3ring within, or 
adjacent to, the said Fir Woods, upon which any Fir Trees, young or old, 
do g^w, or shall hereafter be growing, ought and should remain 
uf^lcughed^ tilled^ used^ or set for Cam Ground. And more particularly, 
that the Defender and his Tenant, on^ John Calder^ ought to be decerned 
to desist from Ploughing^ Tilling^ or Labouring a Piece of Moor Ground, 
lately set by the Defender to the said John Colder. The Libel contains 
several other Conclusions, not necessary here to be mentioned, as there is 
no question at present concerning them. 

** It is also unnecessary to set forth to your Lordships, the various 
Litigation which hath been upon those other Conclusions of the Libel, 
concerning, chiefly, certain Regulations for restraining the Abuses that 
might be committed by the Defender's Tenants in the Exercise of their 
Servitude upon the Pursuer's Fir Woods ; which Regulations are now 
finally settled by Interlocutors of the Lord Ordinary, to the Satisfaction 
of both Parties. So that the Litigation concerning the Woods, is reduced 
to these two Points, which the Lord Ordinary hath taken to report, vis. 
I mo, How far the Defender has Right to plough or plant any^ and what 
Part^ of the Grounds which belong in Property to him^ but lie adjacent to^ or 
intermixed with^ the reserved Fir Woods belonging to the Pursuer? And, 
2do, How far he is intitled to take Fir Timber from the Pursuet^s other 
Woods in the Earldom of Mar, when he has Sufficiency of Birch, or other 
Timber^ upon his ov)n Lands, proper for the Purposes of the Servitude ? 

" For understanding these two Points in dispute betwixt the Parties, 
it is necessary that your Lordships should be more particularly informed, 
\mo. That in all the Feu-charters of the several Lands above mentioned, 
the Fir Woods are reserved to the Family, except in the Disposition of 
the Lands of Castletown, from the Lords Dun and Grange, to the late 
Invercauld, in the Year 173 1 ; by which Disposition it appears, that there 
are no Fir Woods upon these Lands. But as these Reservations are 
expressed somewhat differently in the different Charters, there are 
subjoined hereto Excerpts of the several Clauses of Reservation in these 
Charters. 

"2^, In the Defender's Feu-charter of the Lands of Invercauld, 
there is excepted from the Reservation, the Fir-wood lying betwixt 
Ecuter GarvcUl Bum and Craigkynoch, tiie absolute Property of which is 



126 RECORDS OF INVERCAULD. 

declared to belong tx> the Vassal : And accordingly your Lordships will 
observe, that in the first Conclusion of the Pursuer's Libel, above recited, 
this Fir-wood is expresly excepted. 

^ itio, Your Lordships will likewise be informed, that the Servitude 
to the Vassal is granted in the Feu-charters of all the Lands, excepHt^ 
only the Lands of Invercauld^ the aforesaid Fir-wood upon these Lands, 
lying betwixt the Easier Garvall Bum and Craigkynochy being granted to 
the Vassal, in place of the Servitude ; and likewise excepting the 
Gnmngs of the Water of Beachin^ called Usquikiochy for a Reason to be 
hereafter mentioned ; but, as the Constitution of this Servitude is expres- 
sed in Words somewhat different, in the different Charters, there are 
hereto likewise annexed Excerpts of these several Clauses, constituting 
the Servitude. 

" 4/^, It is likewise material to the present Issue, that your Lordships 
should be informed, that the Defender, in all his Charters of his several 
Lands from the Family of Mar^ hath the free and unlimited Property 
and Use of the Ground and Land, excepting as to the foresaid Grasings 
of the Water of Beachin ; with respect to which there is the following 
clause subjoined to the reservation of the Fir-woods : * And for the 

* greater Safety and Security of the said reserved Fir-woods present and 

* to come, it is hereby expresly provided and declared, that the said John 
' Farquharson oi Invercauldy and his foresaids, shall not anywise labour and 

* manure any Part of the said Ground and Grazings, above disponed, the 
^Property thereof aforesaid being disponed allenarly for Shealings^ 

* Pasturages and Grazings! — This Clause is contained in a Disposition, of 
Date the 4th February 173 1, by the Lords Grange and /?«», to the late 
tnvercauld 

" Having thus stated to your Lordships the Rights of the Parties, 
with their several Qualities and Limitations, the Defender shall now 
proceed to state the Argument upon the first Point taken to report, viz. 
Whether the Defender is barred by the Pursuer's Right to the Fir-woods, 
from using his Property, by ploughing or planting. 

" In the^rst Place^ The Defender does not pretend to cultivate any 
Spot of Ground, where Fir-trees are actually growings for the time. His 
Claim only is to cultivate such Parts of his Property, as are cultivable, 
though at present they lie uncultivated ; and though it may be true, that, 
if they were not cultivated, the adjacent Fir-woods would in time spread 
over them, and render this Country, what it originally was, namely, a 
wild uncultivated Desert, tfie Habitation of wild Beasts only. To oppose 
this Claim of the Defender's, and to insist, that he shall not improve his 
Ground by Cultivation, but shall keep it as a Nursery or Sead-bed of 
Firs for the Pursuer, is such a Plea, as, it is believed, never was before 
maintained in this Court 



WOODS AND GRAZINGS : CORRIEVOUIE. 12/ 

^And that your Lordships may be the more convinced of the 
Un&vourableness of this Plea of the Pursuer, you will please to be 
informed, that this Country of Braemar is one of the most mountainous 
Countries in Great Britain^ in which there is hardly any Ground fit for 
Cultivation, or indeed for the Habitations of Men, except some small 
Spots of flat Ground, lying upon the Side of the River Dee^ that runs 
through this Country ; that Piece of Ground particularly where Caldet^s 
Possession is situated, is the greatest Open upon the River, and the Spot 
of Ground the most proper for Cultivation of any in that Part of the 
Country. It is surrounded on all sides by the Defender's Property ; and 
particularly on the South, it is bounded by a Hill belonging to him, 
where there is Fir Wood, the Property of the Pursuer. And on the 
North, upon the other Side of the River, there is a great Hill, upon which 
there is no Wood at all of any kind. So that it is not true, what is 
alleged by the Pursuer, that this Piece of Ground lies in the Middle of 
his Fir Woods. It is true indeed, that as it is of large Extent, upwards 
of loo Acres, there are some Clumps of Fir Wood here .and there in it, 
with which the Defender does not pretend to meddle. The rest of it is all 
clear, and, by the Nature of the Soil, as well as the Situation, as fit, or 
more fit for Culture, than any Ground in that Part of the Country. 

" It is plain therefore, that the Pursuer's Plea, if it be well founded, 
will hinder any farther improvement of this Country by Culture, and by 
Propagation of a hardy Race of Men, who of late have been so serviceable 
to their King and Country. This Colder^ whom the Pursuer wants to 
turn out, has in the Space of two or three Years, taken in so much of this 
Ground with the Spade, that he is able to subsist himself, and a Family 
of nine or ten besides ; and it is very plain, that this whole Piece of flat 
Ground may be cultivated in the same Way, and be the Support of many 
industrious Families. In doing this, many young S^dlings of Firs 
would be destroyed, which, if they had escaped the Injuries of the Cattle, 
might have come to be Trees ; and, no doubt, in the Improvements 
already made, several have been already destroyed, but none that were 
higher than the Heather, or above the Injuries of the Cattle, which are 
as destructive to Trees in this Part of the Country, as in any other, in so 
much, that it is very evident, that, if the Country had been always 
peopled, and stocked with Cattle, as it now is, those fine Fir-trees, which 
it has been the Work of Ages to rear, never would have risen. 

" The antient Lords of Mar^ had, as it appears from the old Charters, 
a Forrest in this Part of the Country, which they carefully preserved, not 
from any Views of pecuniary Profit, but singly for tiie Exercise of 
Hunting, the Occupation then of our Nobility and Gentry, in Time of 
Peace, by which they fitted themselves for the Fatigues of War. But 
this Forest of theirs did not come down to the low Country, that was fit 
for Cultivation, but was confined to the Sides and Tops of the Hills, and 



128 RECORDS OF INVERCAULD. 

to those Glens which run so far up into the Hills, as to be altogether 
unfit, both from tihe Nature of the Soil and Climate, for Cultivation and 
die Production of Com. But the Pursuer would extend this Right of 
Forestry over the whole Country, and make it all a Forest, producing not 
Game, {about wkkk^ it is believed^ the noble Lard is not so so/iatoas, as 
those antient Lords were) but Trees. Had those old Earls carried tiieir 
Pretensions so far, and insisted two hundred Years ago, that by virtue of 
their Right of Forestry, or by virtue of this Reservation of the Fir Woods, 
their Vassals should not cultivate their Grounds that were capable of 
Cultivation, but should let them lie waste, in order to grow Trees for 
them, it is evident, that this country would have been a wild uninhabited 
Desert, all overgrown with Wood 

" Your Lordships will therefore carefully examine, whether you are 
obliged, by Necessi^ of Law, to give way to a Plea, which at once puts 
an End to any further Improvement of this Country by Population, the 
only substantial Improvement in any Country, in the Defender's Appre- 
hension, and would have prevented it from ever being peopled, had it 
been started earlier. The Nature of the Pursuer's Right appears to be 
no other than a Right of Servitude, which he has upon the Defender's 
Lands, who, as he has the Property, has thereby the superior and 
paramount Right, to which the Right of the Pursuer must bend, and not 
the Defender's Right to it At least, this far is certain, that the Pursuer 
cannot use this subaltern Right, (let it be called Servitude, or by what 
other Name he pleases) in Emulation or Derogation of the Defender's 
Right of Property. 

'' It is no doubt a very extraordinary Right, such as hitherto has got 
no Name in Law, and it is believed, is not known but in this single 
Instance. But surely, it is not a Right of greater Extent, nor of so great, 
as the Servitude of ususfructus among the Romans, In Comparison with 
that Servitude, it may be consider^ rather as an usus^ or a Right of 
using the Thing for a particular Purpose ; whereas the usufruct compre* 
hended the whole Use and Benefit of the Thing. Now your Lordships 
know, that by the Roman Law, the Usufructuary was bound, and even 
obliged, to find Security, se usurum Sffruiturum boni viri arbitrio. This 
is excellently explained in L. i. Par. 3. Dig. Usufructuarius quemad^ 
modum caueat^ cavere autem debet viri boni arbitratu perc^turum 
usufructum^ hoc est^ mm deteriorem se causam ususfructus facturum^ 
cmteraque facturum qua in re sua faceret^ that is, he must manage the 
usufructuary Subject tn the same Manner as he would use his own 
Property. Or, in other Words, he must follow that Golden Rule of 
Equity, which directs, that we should do as we would be done by. Now 
suppose that the Pursuer were Proprietor of the Land, as well as of 
the Fir Woods, the Question is, in what Manner it would be most 
profitable for hifn to yse both Rights ? And it is believ^ he will not 



WOODS AND GRAZINGS : GORRIEVOUIE. 129 

maintain^ that it would b^ his Advantage to leave the cultivable part of 
the Ground uncultivated, for the Chance of Wood arising in it, which 
might yield Profit at the Distance of a Century. If this were so, it would 
be the Interest of Invercauld^ to turn out all his Tenants in that Part of 
the Country, who pay him about 10,000 Merks yeariy, and plant their 
Possessions with Fir& And if this would not be profitable for the 
Defender, it would be much less so for the Pursuer, because, as your 
Lordships will observe, he has no Right to plant or inclose upon the 
Defender's Grounds, but must take his Chance of the Firs coming up in 
the natural Way, which, as was observed before, is but small, considering 
that the Defender has the unquestionable Right of pasturing his Cattle 
upon these Grounds, which, as they lie low, and produce the best Pasture, 
will therefore be the most frequented by the Cattle. 

^ And this being the Case, if the Pursuer were to use his Right as he 
claims, it would be usii^ it emulously, and in Prejudice of the natural 
Use and Exercise of the Defender's paramount Right It would not 
therefore be using it secundum arbitrium boni viri^ and it would be the 
same Case, as if the Defender, by virtue of his Right of Property, should 
pretend to carry his Culture up the Hills, to such Places where there are 
perhaps no Trees growing for the present, but where there is neither Soil 
nor Climate fit for the Production of Com. 

^ There may be many cases figured, wherein it might be difficult to 
determine what the Use of the Right should be, according to this 
arbitrium boni viri ; but this is not one of those Cases ; for here God and 
Nature have arbitrated most exactly, and fixed the precise Bounds 
betwixt what is cultivable and fit for the Production of Com, and what is 
only fit for the growth of Trees ; for the Hills here are very lofly, some 
of them as high as most in Scotland^ and they sink at once by a percipitate 
Declivity, into those Flats, by the Side of the River, which, as was said 
before, are the only Ground fit for Cultivation in this Country. 

" But, 2do^ not only from the Nature of the Right, but from the 
Meaning and Intention of Parties, it is evident that the Defender is not 
debarred from this rational Use of his Property ; for, in ih^ first place^ the 
Grant of the Servitude upon the Woods, for the Use of building and of 
labouring, shows very plainly, that it was the Intention of the Granters 
that there should be Agriculture, and that the whole Country should not 
be let lie waste, to produce Fir Wood. And this Servitude is so connected 
with the Right of cultivating and ploughing, that where that Right is not 
granted, neither is the Servitude upon the Woods. As in the Case of the 
Grazings of the Water of Btachin^ where, though the Fir Woods are 
reserved to the Superior, yet there is no Servitude upon them granted to 
the Vassal, because he is expresly prohibited to labour and manure them. 
And, 2dly^ this Intention of Parties appears still more evident from this 
Prohibition of labouring in the Right to those Grazings, and which was 



I30 RECORDS OF INVERCAULD. 

also formerly in the Rights to the Giems of Corrhau and Glencalader, till it 
was dischai^;ed in the new Right to these Glens by the Earl of Mar^ in 
the 1705, to the late InvetcatUd (as may be seen in the Copies of these 
Writs hereto annexed ;) and for the same Reason, namely, that these 
Glens, as well as the Grazings of Btachm^ were Parts of the Forests of the 
ancient Earl& Therefore, when they feued them out, they very properly 
restrained the Vassals from ploughing them, both for the Preservation of 
the Wood and Game, and also because they were really by Nature unfit 
for Cultivation. But as they adjected no such Prohibition to the Feus of 
the lower Grounds, which were no Parts of the Forest, and were proper 
for Culture, it is a Demonstration that they intended no such Prohibition, 
but, on the contrary, meant to allow these Feuers the free and natural 
Use of their Grounds. 

" And, lastly^ this is further confirmed by the Use of Possession that 
hath been in consequence of these Feus. For it is most certain that the 
Cultivation is greatly increased in this Country within the Memory of 
Man, and many Tacks and Possessions have in that Time been either 
newly set down, or greatly enlarged. On this very Moor where Caidet^s 
Possession is situated, there is a pretty considerable Tack belonging to 
the Defender, called Auchkkness^ which is likeways the Name of the 
Moor. This Tack no doubt was at first what Caldet^s Possession is now, 
and not only within the Memory of Man, but within these ten Years, 
great Additions have been made to it out of ^the Moor ; and even this 
very Possession of CakUt^s was within the Memory of Man begun to be 
cultivated, but afterwards deserted, and let lie waste for many Years. 
Now when all this was done without any Challenge, and not vi^ dam^ out 
pncarioy but openly, avowedly, and without any Leave asked or given, it 
plainly shows, that it was not understood by either Party that this 
Keservation of the Fir Woods to the Superior hindered the Vassal from 
using his Property, in the natural Way. And, lastiy^ the large Tract of 
Ground, even of such as is not proper for Culture, but only for bearing 
Firs inclosed and planted by the Defender himself, and to the Trees, of 
which it is finally determined by the Lord Ordinary's Interlocutor, that 
the Pursuer has no Right, is likeways a Declaration, nbus^ ipsis & factis^ 
that it was not understood, that the Feuers, upon whose Grounds the Fir 
Woods are reserved, were thereby debarred from using their Property, 
even by planting the Grounds not fit for Tillage, which is more than what 
the Defender claims at present 

** In this Manner the Defender hopes he has shown your Lordships 
that this Plea of the Pursuer's is not only extremely unfavourable, but 
without any Foundation, either in the Nature of the Right, the Meaning 
and Intention of Parties, or the Use of Possession had upon it ; which 
two last, if there were any Ambiguity in the Right itself, would be 
sufficient to explain it. 



WOODS AND GRAZINGS : CORRIEVOUI£. t^i 

'* The Defender likeways hopes to make the second Point equally 
clear to your Lordships, that even when he has Birch upon his own Lands 
he is not thereby excluded from the Use of the Servitude granted him 
upon the Pursuer's Fir Woods ; and this he will also endeavour to show 
from the Nature of the Right granted him, the Intention of Parties, and 
the Use of Possession. 

"As to the first, this Servitude is plainly granted for the Use of 
Bigging^ and Labourite of the Grounds^ as the Words of the several 
Clauses hereby referred to plainly express it But though it be granted 
for both Purposes, it has been chiefly, if not singly used, for the Purpose 
of building ; for this plain Reason, that the Birch is by far the most . 
proper for the Utensils of Husbandry, the Fir being of very little Use in 
that Way. But for the same Reason that the Birch is so fit for making 
Ploi^hs and other Instruments of Tillage, it is extremely unfit for making 
the Roofs of Houses, because, by its Crookedness, which renders it so fit 
for the Uses of Agriculture, it makes the Roofs uneven, and full of 
Hollows, and therefore not water-tight ; besides, that it is of no Duration ; 
and therefore Fir is generally used in this Country, both for the lai^e and 
small Timbers, unless when either Laziness, or the Difficulty of obtaining 
it from the Pursuer's Factors, hinders the Tenants from getting it It is 
plain therefore, that if the Pursuer were to prevail in this Plea, he would 
defeat the chief Use and Design of the Servitude, which, your Lordships 
will observe, is most fully and liberally given, not only over the Fir 
Woods growing on the Feuer's own Lands, but, if these are not sufficient, 
over the whole reserved Fir Woods in tfie Bounds of Mar ; so that this 
restricted Interpretation of the Pursuer's is noways suitable to the Manner 
in which the Servitude is granted. Nor, 

" 2do^ To the plain Intention and Meaning of the Parties. This is 
evident, \mo^ For that although there be Plenty of Birch Wood upon 
most of the Feuers Lands, to which they have Right by Dispositions 
from the Family of Mar for a Price paid, yet nevertheless they got this 
Servitude upon the reserved Fir Woods, without any Mention of their 
own Birch Woods, though the Fir Woods growing upon their Lands are 
particularly mentioned as the Wood that is to be first employed for the 
Uses of the Servitude ; and particularly there are the Lands of CtutUtcwn^ 
upon which there are no Fir Woods at all, and for that Reason the 
Servitude to these Lands is given directly and immediately over the 
other reserved Fir Woods in Mar. Now upon these Lands your 
Lordships will be informed, that when the Defender's Father, the late 
Invercauld^ purchased them, there were two of the greatest Birch Woods 
in all the Country, one of them called the Wood of Coripherige^ and the 
other the Wood of Tomraw^ the last of which was just ready for cutting 
at the Time of Invercaulds Purchase ; and it was on that account, and 
for the sake of the other Wood, which, though not so far advanced, was a 



Ija RECORDS OF INVERCAULD. 

more extensive Wood, and is at present a very ipneat one, that he paid 25 
Years Purchase for the Land, which at that Time was reckoned a very 
high Price. And, 2do^ Not only was this Servitude given upon the 
reserved Fir Woods, where there was Birch upon the I^nds, but where 
there was Fir upon the Lands, and that Fir was given to the Vassal, 
there the Servitude was not given. This is the Case of the Defender's 
Lands of Invercauld^ where, in Consideration of the Fir Woods of a 
certain part of them being given hy the Superior, the Servitude is not 
given, but, on the contrary the Vassal is expresly bound to provide 
himself with all Kinds of Timber. All which plainly shows that this 
Servitude was granted to the Vassals in consideration of the Fir Woods 
being taken from them, and that the Fir was judged by the contracting 
Parties to be of absolute Necessity for the use of die Lands, in so much, 
that even where there was no Fir to be reserved to the Superior, as in the 
Case of CastletoHy yet, in order to accommodate the Vassal, he grants a 
Servitude upon his Fir Woods on his other Lands, though upon these 
Lands there was the greatest Plenty of Birch. And, 

" ^tio^ The Use of Possession has been in conformity, both to the 
Nature of the Right, and the Intention of Parties ; for it will not be 
denied, that the Tenants of these several Lands have been in the constant 
Use of supplying themselves with Fir from the Pursuer's Fir Woods, the 
Birch notwithstanding, which grew upon their own Lands. 

'* The Defender will add no more upon this Head, except to enter 
his Caveat, that though the Use of his Servitude has been chiefly for the 
Purpose of building, yet he does not mean to restrict it to diat, but 
insists to have it in its full Latitude, that is, for the Use of labouring, as 
well as building : For though the Birch be more generally useful for the 
Purposes of Husbandry, yet tfiere are some Uses of that kind, for which 
the Fir is much more proper, as for making moulding Boards to Ploughs, 
Planks to Lime-carts, &c. for all which Purposes he claims the Use of the 
Pursuer's Fir Woods. 

'^ The Defender having thus satisfied your Lordships, as he hopes, 
upon both Points, will not trouble your Lordships with any thing more, 
except to observe, that although he has, for your Lordships Satisfaction, 
printed, and hereto annexed, the Copies of the several Clauses in the 
several Charters and Dispositions, reserving the Fir Woods, and consti- 
tuting the Servitude ; yet he does not think there is any such material 
Variation ir>\those Clauses, as to vary the general Argument on either 
Side. 

" As to the Lands of Manalirie and Lawsie^ your Lordships will be 
informed, that these Lands were long ago subfeued by the Defender's 
Predecessors, and, for that Reason, he has not the Rights to these Lands 
in his Hands, and before the Pursuer can insist in any Conclusion against 
them, he must call the Proprietors of them into the Fidd. 



WOODS AND GRAZINGS: CX>RRIEVOUIE. 1 33 

** And therefore, to conclude, it is hoped your Lordships will have no 
Difficulty to find, i«w. That by the Reservation of the Fir Woods, the 
Defender is not barred from the Use of his Property, by Ploughing or 
Planting, when that is not done emulously, and with a View to prejudice 
the Reservation, but secundum arbitrtum boni viri^ & tanquam bonus patera 
famiUas in re sua. And, 2do^ That the Servitude is not restrained to the 
Case where there are no Birch Woods upon the Lands, which would be 
putting an End to it at once, as there are Birch Woods upon them all, 
and which is a Restraint that is neither expressed in the Words consti- 
tuting the Servitude, nor implied in the Nature of the Ri|^t, and is 
contrary both to the Meaning of Parties, and to tihe Use of Possession. 

" In respect whereof^ &c 

JA. BURNET. 



" EXCERPTS from Invercauld and his Authors Charters and Feu-rights ; 
of the Descriptions of the Lands, Reservations of Woods, and 
Keddendos concerning Cutters and Destroyers of Woods. 

** FIRST Precept of Clare Constat and Novodamus dated ist March 1707, 
in favours oi John Farquharson of Invercauld^ wherein the Lands, 
&c. are described thus : 

^ The Davoch and half Davoch-lands in the Brae of Mar^ called Inver-^ 
cauldy within all the Bounds, Meiths, and Marches thereof, used and 
wont, comprehending thereintil the Lands and others after specified, viz. 
all and sundry the Lands of Benouch, InverckanvHk^ AUanmoir^ Ctume^ 
Dalckark^ Tomrich^ the Milntown of Invercauld^ Auckinskenck^ LoinveUick^ 
Killock^ Invercauld^ and Achichness^ with the Manor-place of Invercauld^ 
Houses, Bikings, Yards, Orchards, Woods, Parks, Mills, Mill-lands, 
Multures, Sequels, Tofts, Crofts, Outsets, Parts, Pendicles, Annexes, 
Connexes, Privileges, and Pertinents thereof whatsoever, used and wont, 
belonging to the said Davoch and half Davoch of Land, together with the 
Shealings, Grazings, and Pasturages, sicklike used and wont in the Glens 
of Glencalader, Glenbegg, Corriewou^ Glenbrowine^ the North Side of the 
Water of Baddoch GUncoubulge^ and a Shealing upon the Water of Gaime^ 
bewest AuldpkubiUy and a Shealing in Glenfarder^ called R^freish^ and 
Pastur^es used and wont : And sicklike all and haill the Davoch and 
two Oxgate of Land in Aberarder^ set in Feu by our Predecessors and 
Authors to Thomas Erskine of Balhagerty^ comprehending thereintil the 
eight Oxgate of Land of BeUemdr^ with three Quarters of the Pendicles 
thereof via. Achdavend, RotiUochy Croft-sutar, Crvftfugatery Mylecroft^ 
Lynagcur^ and five Oxgate of Land of B allac h J ag ane^ widi the five 



134 RECORDS OF INVERCAULD. 

Oxgate of Land of Shanveli^ and the Pendicles theieof called Rynefrew^ 
and CansfranviUy with the Houses, Biggings, Yards, Orchards, Woods, 
Mills, Multures, Sequels, Tofts, Crofts, Annexes, Connexes, Parts, 
Pendicles, and all their Pertinents, together with Sheadings, Grazii^, 
Pasturages, used and wont in Ltttrtttyne^ Rundow^ Baumach^ Acklame^ 
Biutfiad^ Badromeald^ and Reindonbrout^ on the North Side of the Water 
of 6aime : Likeas, all and haill the just and equal fourth Part or Quarter 
of the Town and Lands of Bellemoir in Aberarder^ with the fourth Part 
of the Pendicles thereof, viz, Achdavtnd^ RotiUoch^ Croftsutar^ Croft- 
fugater^ Mikcroft^ and Loynnagaur^ extending in the haill to two Oxgate 
of Land, with an proportional Part of the Mill of Aherarder^ Multures and 
Sequels of the said two Oxgate of Land belonging thereto, with Houses, 
Bignsings, Yards, Orchards, Tofts, Crofts, Parts, Pendicles, Annexes, 
Connexes, and all their Pertinents, with Shealings, Grazings, and Pastu- 
rages, used and wont in the Glens of LettretHne^ Rienduy^ and Bawmack 
in Glenfarder^ all lying within the Parochins of Kindrockt and Cratku^ 
Earldom di Mar^ and Sheriflfdom of Aberdeen foresaid, tc^ether with the 
Teinds, both Parsonage and Vicarage, of the said haill Lands, and others 
above written, with the Pertinents : And also, all and haill that 
Pendicle of Land called AUavait^ with Houses, Big^ngs, Yards, 
Shealings, Grazings, and Pertinents thereof, lying within tfie Parochin of 
Kindrockt^ Earldom of Mar and Sheriffdom of Aberdeen foresaid, as the 
samen was possessed by Alister Macinvegg, alias Macdanaid^ Tenant and 
Possessor thereof, the Time of granting the Disposition aftermentioned, 
together with the Tiends, both Parsonage and Vicarage of the said 
Pendicle therewith included, to the which Pendicle and Tiends thereof, 
the said John Farquharson of Invercauld^ has Right, as Heir in general 
served and retoured to the deceased Alexander Farquharson of Invercauld^ 
his Father, who had Right to the same by virtue of a Disposition granted 
by the deceased Charles^ Earl of Mar^ our Father, to him, thereanent, 
dated the 22d Day of Siptember^ 1676 Years : And sicklike all and haill 
the Birk Woods^ and Trees of Birk, of the said Lands of Invercauld, and 
others above expressed^ comprehending the said Davoch and half Davoch^ 
within the Parish of Kindrocht : And cUso the haill Birk WoodSy and 
Trees of Birk^ of the said Lands of Aberarder, with the Parts and Pendicles 
thereof lying within the Parish ^Crathie, being twenty Oxgate of Land 
bounded as follows, viz. from the Mill of Monaltrie to the Riebellacklaggan 
apon the East Side, and betwixt the Marches ol Ellanmore and the Head 
of Glenchanleck^ on the West Side, upon the North Side of the Water of 
Dee : And the haill Birk Woods between the Invar of Kynachack and the 
Easter Garvall Bum / and the haill WoodSy both Birk and Fir IVoods, 
betwixt the said Easter Garvall Bum and Craigkynoch, on the South Side 
of the Water of Dee ; with all Right, Title, Interest, Claim of Right and 
Property, which we, or our Authors, Cedents or Predecessors, had, have. 



WOODS AND GRAZINGS: CORRIEVOUIE. 1 35 

or may claim or pretend to have thereto, or any Part and Portion thereof, 
by virtue of the Clauses or Reservation contained in the former Rights 
and Infeftments of the Lands above named, or any other manner of Way ; 
reserving always and excepting the haill fir trees and timber on the 
East Suk of the said Easter Garvall Bum^ commonfy called the Wood of 
Ballachbuie, with the haill Fir WOODS AND TREES, PRESENT AND TO 
COME, Upon all the saids Lands^ with the Pertinents^ (except the Fir 
Woods betwixt the Easter Garvall Bum and Craigkynoch) for the use of 
us and our foresaids^ to be kept and otherwise disposed upon at our 
Pleasure, in all Time coming ; and also with this express Provision and 
Condition, that the said JoJm Farquharson^ and his foresaids, and the 
Tenants of the said Lands, shall furnish and provide themselves of Birk 
and Fir Timber^ for the Use of their Biggings and Labourings^ in all 
things requisite and necessary belonging thereto^ in all Time comings and 
take none thereof from any of our reserved Woods whatsoever; to the 
which Birk Woods, and others immediately above written, the said fohn 
Farquharson has Right, as Heir in general, served and retoured to the 
said deceased Alexander Farquharson^ his Father, who had Right thereto 
by Disposition made and granted by the deceased Charles Earl of Mar^ 
our Father, to him thereanent, of the Date the 21st Day of September 
1676 Years, together with all Right, Title, Interest, Claim of Right, 
Property and Possession, Petitor and Possessor, which we, our Authors, 
Cedents or Predecessors, or our Heirs and Successors, had, have, or any 
ways may have, claim, or pretend to the Lands and others above 
mentioned, or to the Mails, Farms, Profits and Duties, and Casualties of 
the samen, by reason of Ward, Non-entry, Relief, Escheat, Forfaulture, 
Recognition, Reductions, Dispositions of the whole or greater Parts of the 
samen. Nullities of Infeftments, Seasines, and Retours, Purpresture, 
Disclamation, Bastardy, last Heir, not Payment of the Feu-duties, not 
showing their Holdings, or for any other Cause or Occasion whatsoever, 
preceeding the Date of these Presents, renouncing, upgiving, overgiving 
and discharging the same for us, as having Right in Manner above 
written, and our foresaids, in favours of the said John Farquharson^ and 
his above written, in all time coming, cum pacto de non petendo^ and with 
the Supplement of all other Defects and Imperfections, which are here 
holden as expressed. — By the Reddendo, Invercauld and his Tenants are 
obliged to observe and keep the Acts and Statutes of our Courts anent the 
Cutters^ Carriers^ Destroyers^ Sellers^ or Away-putters of our Woods, under 
the Pains that shall be set clown in the said Acts of Court, viz. a Mart, or 
20 Merks, for the first Fault, two Marts for the second, three Marts for 
the third, by and attour the Value of the Woods ; and if the Tenant or 
Servant shall not be worth the Unlaw, the Master is obliged to deliver 
them to the Superior or his Baillie, or else cause them to be banished out 
of the Bounds, and intimate the same at the Parish Kirk Door, or else 



136 RECORDS OF IHVERCAULa 

pay the Unlaw themselves ; and whoever resets them shall be liable in an 
Unlaw of lo/l Stois for ilk time he resets them. 

^ FOLLO WS the Tenor of a Disposition and Renunciation by the said 
John Earl of Mar, to the satd John Farquharson, dated jth March, 
171 S Years. 

** We do hereby renounce and discharge the Reservations and Restric- 
tions, as to the grazing of stranger Cattle, and removing and altering the 
Sheals in the Glen of Corrievou and Glenccdadar^ contained in the Char- 
ters and Precepts granted by us and our Ancestors, to the s^iA fohn 
Farquharson^ and his Predecessors, granting hereby full Power and 
Liberty to the said fohn Farquharson^ and his Heirs and Successors, to 
labour and manure the said ulens^ or pasture and graze all Manner of 
Cattle t herein f sicklike as if no Reservations and Restrictions had been made^ 
but Prejudice always to the Reservations and Restrictions contained in 
the said Charters, in relation to the Glen, called the Baddoch^ which not- 
withstanding hereof, are to be continued in all subsequent Charters. 
And further, for the Causes foresaid, we do hereby give, grant and dis- 
pone, to the said fohn Farquharson^ and his Heirs and Assignees, 
neritably and irredeemably, without any Manner of Reversion or Re- 
demption, all and haill the saids two Glens of Corrievou and Glencalader^ 
lying within the Parochin of Kindrocht^ Earldom of Mar^ and Sheriflfdom 
of Aberdeen^ as the samen is presently possessed by the said fohn Far- 
auharson and his Tenants, together with the Tiends, both Parsonage and 
Vicarage of the saids Lands, therewith included, to be holden of us, and 
our Heirs and Successors, in Feu-farm and Heritage for ever, to be 
conjoined and ingrossed together with the remanent Lands belonging to 
him in Property, within the said Parish of Kindrocht^ in the first Charter 
or Precept, which he or his foresaids shall purchase, and take from us, or 
our above written, for yearly Payment of the Feu-duties and Tiend-silver, 
for Parsonage and Vicarage-tetnds, particularly mentioned in his Feu- 
infeftments of the Lands of Invercauld, and upon the rest of the Con- 
ditions and Prestations therein contained, in all Points. 

In a Charter of Resignation^ by Lords Grange and Dun, in favours of the 
said John Farquharson, dated 4th March 1726. The Lands^ &c are 
described as follows : 

All and haill the Lands of Torgalter of Wester Micras, extending to 
four Oxgates of Land. And also all and haill these four Oxgates of the 
Town and Lands of Wester Micras^ some time possessed by Robert 
Mmchardie^ Portioner of Crathienaird^ and Elizabeth Erskine^ his Spouse, 
and thereafter by Charles Machardie^ their second lawful Son, and their 
Tenants, extending together to eight Oxgates, or half a Davoch of Land, 



WOODS AND GRAZINGS: SERVITUDES. 1 37 

with Houses, Big^ngs, Yards, Outsets, Insets, Mosses, Moors, Woods^ 
Mills^ Mill-lands^ Multures and Sequels thereof. Annexes, Connexes, 
Shealings, Grazings and Pasturages, used and wont, in Sleach^ RientcOnach^ 
Corriequholdich^ and Crort of Badquhafn^ effeiring to the said eight 
Oxgates of Land, Parts, Pendicles, and universal Pertinents of the same, 
all lying within the Parochin of Tullochy Earldom of Mar^ and Sheriflfdom 
of Aberdeen^ reserving always to Patrick Fleming in Auchentauly the said 
Charles Machardie^ his proportional Part of the laboured Lands within 
the Dikes of the said SUack As also, his proportional Part of the 
Crart of Badquham^ with their Pertinents, both disponed by the 
said Charles Machardie^ to the said Patrick Fleming. And sick- 
like, all and haill the Town and Lands of Riecharcarie^ with the 
Pendicle thereof, called Tarran or Tomn, extending also to half an 
Davoch, or eight Oxei^te of Land, with Houses, Biggings, Yards, 
Woods^ Mills, Multures, Annexes, Connexes, Parts, Pendicles, and all 
their Pertinents, lying within the Parochin of Glengardyne^ Earldom of 
Mar^ and Sheriffdom of Aberdeen^ together with Shealings, Grazings, 
and Pasturages, used and wont in GUuchell and Corriebeg^ alias Ryne- 
glass^ reserving Peat-leave of the Moss of the said Lands <A Riecharcarie^ 
to the Tenants of the Lands of Rienabroigh^ In^erenzie^ and Ardachy^ 
according to use and wont And also reserving to us^ and our foresaids^ 
the haill Fir-trees^ present and to conUy growing upon the lands above dis- 
poned. In the Reddendo, the Words concerning the Woods are as 
follow : ' And the said John Farquharson^ and his foresaids, and the said 
' Tenants, shall be holden and obliged to keep the Acts and Statutes of 
' our Courts, anent such as shall shoot at or hunt Deer, &c. &rc. And 
* anent the Cutters, Carriers, Destroyers, Sellers, or Away-putters of our 
' Woods, within the Bounds olMar^ under the Pains that are or shall be set 
' down in the said Acts of Court' And towards the End, the said Charter 
of Resignation declares. That it shall not be leisome or lawful for the said 
John Farquharson, or his foresaids^ to cut y felly or give away the growing 
Fir Trees of the sand Lands^ but allenarlyfor their own UsCy in their Bigg- 
ings and labouring of the Ground^ for the Necessaries of them^ and their 
Tenants, And if it shall happen them not to have sufficient Trees and 
Timber growing within their said Lands^for the Use of their Biggings and 
labouring of the Ground^ in that case we bind and oblige us^ and our fore- 
saidsy to permit them^ at the Sight of our Baillie and Forrester ^ to cut and 
take away the said Necessaries^ for the Use above written^ forth of our 
reserved Woods whatsoever^ within the Bounds of Mar. 

''In a Precept of clare constat, granted by the saids Lords Grange and 
Dun, in favours of Robert Farquharson of Auchreachan. The 
LandSy &c are as follows. 

''All and haill, the half Davoch-land of Crathie^ with the Pendicle 



138 RECORDS OF INVERCAULD. 

thereof, called Tomfdcw^ extending to eight Oxgates of Land, some time 
occupied (by) Umquhile John Farjuharson in Lraikiiy and with Houses, 
Big|ings, Yards, Orchards, WOODS, Parks, Moors, Mosses, Outsets, Tofts, 
Crofts, Annexes, Connexes, and all their Pertinents used and wont, 
tc^ether with tiie Shealtngs, Grazings and Pasturages, used and wont in 
AUavaid^ on the North Side of the Water of Gardyne^ and in Rieckrackie^ 
and with Liberty to cast and winn Peats in the Moss of Craihiinaird^ and 
Gate-leave used and wont, to and from the said Moss, and to cast Feal 
and Divot on the Commonty, betwixt CrathU and Wester Micros^ used 
and wont for the said William^ his Heirs and Assignees, and their own 
Tenants Use, and for the Use of the Minister^ lying within the Parochin 
of Crathie^ Earldom of Mar^ and Sheriffdom o{ Aberdeen^ reserving idways 
to the Granters of the said InfeftmentSy their Heirs-male and Successors^ 
the haill growing Trees then present^ and to come^ of the* foresaid Lands. 
And also, all and haill, the Tiends, both Parsonage and Vicarage, of the 
forenamed Lands, and others above written, with the Pertinents. The 
Reddendo here, q^ioad the Woods, is in the very Words of the Charter, 
immediately above recited, from A. to B. Page 7th, and then, towards the 
Conclusion, it declares. That it shall not be liesom nor lawful to the said 
Robert Farquharson, or his foresaids^ to cut, destroy^ sell^ or give away any 
of the growing Fir Trees of the forenamed Lands, but allenarfy for their 
own particular Use, oftd the Use of the Tenants, for the Necessaries in their 
Biggings and labouring cf the Ground, in that case we bind and oblige us, 
and our foresaids, to sujfer and permit the said Robert Farquharson, and 
his foresaids, at the sight of our Baillie and Forrester, to cut and take 
away the said Necessaries, for the Uses above written, forth of our reserved 
Woods whatsomever, within the Bounds of Mar. 

'' The Di^osition, dated the 4th February, 1731, by the said Lords Grange 
and Dun, to the said ]ohn Farquharson, runs in the following Words: 

** We Mr. fames Erskine of Grange, and Mr. David Erskine of Dun, do 
hereby convey and dispone, to and in favours of the said fokn Farqukar- 
son, his Heirs and Assignees whatsomever, heritably and irredeemably, 
(but with and under the Reservations, Provisions and Conditions under- 
written,) the whole Grounds and Grazings of the Water of Beackan, 
common! v called Uskaick, marched on the West, as Wind and Weather 
shears, with AltanaHn, and from thence in a direct Line, from the Top 
of Caimdrocket, as the same (is) presently caimed and marched with fokn 
and fosepk Farqukarsons of Attanqukotck ; and on the North, as Wind 
and Weather shears, with GUnavon ; and on the East and South, with 
the i^ources of the Water of Gardyne and Glencanlock, belonging in Pro- 
perty to the said fokn Farqukarson of Invercauld, all lying in the 
Parochin of Kindrockt^ and Sheriffdom oi Aberdeen^ reserving to us, and 



WOODS AND GRAZINGS : SERVITUDES. 1 39 

our Successors in the said Estate of Mar^ the Property of the haiU Fir 
Woods and Trees growings or that shall happen to grow upon the haill 
Grounds and Grazings above disponed. And for the greater Safety and 
Security of the said reserved Fir Woods, present and to come, it is hereby 
expressly provided and declared, that the said fohn Farquharson of 
Invercauld^ and his foresaids, shall not any ways labour and manure any 
Part of the said Ground and Grazings above disponed^ the Property thereof 
aforesaid being disponed aUenarlyfor Shealings^ Pasturages and Grazings. 

"* Contract of Sale of the Lands of Castletown. 

" By this Contract, which is dated the last Day of fuly and 6th Day of 
August 1731, and registrate in the Books of Session the Sth fanuary 
I733> entered into betwixt the saids Lords Grange and Dun on the one 
Part, and the said deceased /^An Farquharson o{ Invercauld on the other 
Part, the saids Lords sold, annailzied and disponed to, and in favours of, 
the said fohn Farquharson^ his Heirs and Assignees whatsoever, all and 
haill the Davoch Land in Brae of Mar called Castletown^ Bellachlaggan^ 
Ardachee^ and Tomniraw^ with the Mills of Castletown, Mill-lands, 
Multures, and Sequels thereof, the Towns and Lands of Glencluny, 
Newbiggingy Corielairick, with the Parts, Pendicles, and Pertinents 
thereof, and with Liberty to build a Mill thereon. Multures and Sequels 
of the same. AS ALSO, all and haill the Lands of Glen of Baddoch, 
on both Sides of the Water thereof, and whole Sources of the same, 
bounded as follows. (Here follow the Boundings of Glen of Baddoch, 
concerning which there is no Dispute.) AND ALSO, an Right of 
shealing and grazing the whole Cattle, great and small, of one Plough, 
either of the saids Lands of Castletown, or of the Plough of the Lands of 
Corielairick, in the Option of the said fohn Farquharson and his foresaids, 
in the Glen of Eye, providing always, that if the said fohn Farquharson, 
or his foresaids, shall make Choice of the said Right of Grazing, to one 
of the Ploughs of Castletown, that in that Case the Heritor of Cotielairick 
shall be free of a Right of Tolerance granted to the Tenants of Castletown, 
out of the Moss of Corielairick, with the Salmon-fishii^gs in the Waters 
of Dee and Cluny, with Castles, Towers, Fortalices, Manor-places, Houses, 
Biggings, Yards, Orchards, Birk Woods, Mosses, Moors, Meadows, Parts, 
Pendicles, and universal Pertinents of the same, all lying within the 
Parochin of Kindrocht and Sheriflfdom of Aberdeen, together with the 
Tiends, both great and small. Parsonage and Vicarage, of the said haill 
Lands, together with all Right, Title, Interest, Property and Possession, 
Petitor and Possessor, which the said f antes and David Erskines had, have, 
or anyways may have, claim, or pretend, to the Lands, Tiends, and others 
above written, with the Pertinents : RESERVING always to the said 
James and David Erskpus^ and their foreaaids, the Use of the House 



140 RECORDS OF INVERCAULU 

called The Court-house^ in the said Castletown^ for the holding of their 
Courts therin, as oft as they shall have Occasion for the same, with free 
Ish and Entxy thereto. There are no Woods reserved here. In the 
Reddendo, the Clause anent the cutting and destroying Woods, is 
verbatim the same with that in the Charter of Torrigalter^ Page 7th, from 
A to B. And there is a Clause in these Words : And in regard there are 
no Fir-woods growing upon these Lands^ James and David Erskines, bind 
and oblige them^ and their foresaids^ to permit the said John Farquharson, 
and hisforesaids^ and their Tenants^ to cut and take away Necessaries for 
Building and Labouring^ out of the said James and David Erskines their 
reserved Fir-woods. 



"^ By a Disposition^ dated 2$th July 1735, and registrate in the Books of 
'' Session the Sth August thereafter^ the said Lords Dun and Grange 

** Sold, annalzied, and disponed to and in favours of the said deceased 
John Farquharson of Invercauld^ and his Heirs mentioned in the Substi- 
tution therein contained, the Superiority of all and haill the Lands of 
Invercauld^ Beackan^ Castletoun^ Glen of Baddocky Aberarder^ Monaltrie^ 
Crathie^ Lawsie^ Wester Micras^ Torrigalter^ and Richarcaty^ with the 
Parts, Pendicles, and Pertinents of the same, as contained in the Rights, 
respectively above recited, of the said haill Lands, in favours of the said 
John Farquharson and his Predecessors, together with the whole Salmon- 
fishings, Woods, and others, within the Bounds of the whole Lands above 
disponed ; together also with the whole Castles, Towers, Fortalices, 
Manor-places, Houses, Big^ngs, Yards, Orchards, Mosses, Moors, 
Meadows, Grazings, Stealings, Annexis, Connexis, Tenants, Tenandries, 
and Service of Free Tenants, Parts, Pendicles and Pertinents of the said 
whole Lands above disponed, together with all Right, Title or Interest, 
Claim of Right, Property or Possession, which we had, have, or anyways 
may have, claim or pretend to the Lands and others above mentioned, or 
to any Part or Portion thereof in time coming : Reserving always to us 
and our Heirs and Successors, forth and from this present Disposition, 
the whole Fir-trees growings or to grow on the said whole Lands^ except 
the Fir-woods betwixt the Easter Garvel-bum and Cra^kynoch^ as con- 
tained in the said John Farquharson of Invercauld his former Feu-rights 
of the said Lands of Invercauld and Aberarder ; but declaring^ that the 
said Lands ^Castletoun, Crathie, Monaltrie, Lawsie, Micras, Torrigalter 
and Richarcary, shall retain their former Right of Servitude upon the 
whole reserved woods in Mar, as contained in the several Feu-charters and 
Infeftments thereof 

^Upon this Disposition, Invercauld exptA^ a Charter of Resignation 
under the Great Seal, and was thereupon insest, 12th March 1739. 



WOODS AND GRAZINGS : SERVITUDES. I4I 

"JULY 3, i;6o. 
"INFORMATION 

FOR 

William Earl of Fife, Pursuer, 

AGAINST 

Jafnes Farquharson of Invercauld^ Defender. 

^ The Fir-woods in the Highland or Mountainous Parts of Scotland, are 
of large Extent, and of great Value : But as those Parts of the Country 
were, till of late Years, in a great Measure inaccessisible, this domestick 
Treasure turned to little or no Account 

" This Evil is now happily removed ; and if the same publick Spirit 
for making and repairing the High-roads through that Part of the 
Country, which has hitherto been attended with great Success, is 
prosecuted with the same Spirit for a few Years, and meets with no 
unseasonable Check, the Woods in the Highlands of Scotland will, in all 
human Probability, be of equal Profit and Utility to the Publick and to 
the private Proprietors. 

" The Family of Mar were anciently possessed of a large Estate in 
that Part of the County of Aberdeen, called Braemar, They granted 
many Feu-rights of different Parcels of those Lands, which, with very few 
Exceptions, are all to the same Purpose and Effect ; the Particulars of 
which, so far as they relate to the Matter in Dispute between the above 
named Parties, may be comprised under the following Heads : 

•• 1st, A Reservation to the Earl oi Mar, the Superior, of all the Fir- 
woods, growing or to grow, upon their respective Lands. 

*• ^y, A Privilege or Servitude in favours of the Vassals, for their 
own Use, and the Use of their Tenants, Possessors of said Grounds, in 
their Biggings, and Necessaries for Labouring of the Ground, to cut and 
take Fir-timber growing on their respective Property-lands, or, in Default 
thereof, out of the Earl's other Fir-woods. 

~ yifyi But in regard it was manifest that such a Privilege, if not put 
under proper Restraints, would be liable to great Abuses, the proper 
Remedies for which could only arise from Experience, it was therefore 
expresly conditioned, that the Vassals should be bound and obliged to 
observe and keep the Acts and Statutes of the Earl's Courts, anent the 
cutting, carrying, or giving away, destroying, or stealing of his Woods. 

* Many of these Feu-rights were purchased and acquired by the 
deceased John Farquharson of InvercauU, and are now vest in the Person 
of the Defender, his Son. 

"The Estate of Mar became forfeited by the late Eari's Attainder, 
for his Accession to the Rebellion 1715, and was purchased from the 
Commissioners of Enquiry, by the Lords Dun and Grange. 



142 RECORDS OP IMVERCAUUX 

** The Fir-woods of Brattnar^ even at that Time, were justly esteemed 
to be of very great Value, tlioi:^h they had been greatly deteriorated by 
the Waste and Abuses they had suffered under Colour of the above 
mentioned Servitudes. The largest and finest Trees, four or five Feet 
diameter, were frequently cut down by the Root for the most trifling 
Purposes, when all that was wanted was Roof and Couples for their little 
Huts, diough the Tops and Branches of such large Trees were more 
proper for Siese Purposes, and were accordingly so used, the Trunk or 
Body of tiie Tree being suffered to rot on the Ground, or scandalously 
misapplied to improper Uses. 

" Another destructive Practice, and which universally prevailed, was 
their cutting out the Hearts of the finest Trees to serve for Candle-fir, by 
which the Tree perished, and decayed upon the Foot 

'< Under Colour of this Servitude, they drove a Trade of canying 
large Quantities of Timber out of these Woods to the neighbouring 
Markets, and every Tenant, who removed out of the Ground, demolished 
his House, and carried away the whole Timber, which required a fresh 
Supply for tiie Incoming Tenant 

" To redress those, and many other Abuses of the same Kind, and 
to keep the Feuars and Tenants within the proper Bounds prescribed by 
their own Rights, in the original Constitution of this Servitude, Lords 
Dun and Grangt held a Court in 1725, where all the Vassals were con- 
veened, when certain R^^lations, enforced with premier Penalties for 
preventing such Abuses in Time coming, and for securing to the Vassals 
the Enjoyment of this Servitude, under proper Rules, were, of common 
Ccmsent, established, and reduced into the Form of an Act of Court, 
indemnifying all former Transgressions, but enacting the strict Obser- 
vance of these Regulations in Time coming. 

^ But as the Establishment of these Regulations was, with Reason, 
thought to require some higher Authority, to enforce Obedience, than 
the Act of the Baron-court, Lords Dun and Grange did, that same Year, 
bring a Process of Declarator before the Court of Session, for having 
tiiese Regulations, with some small Amendments, authorised by Decree 
of this Court 

'' The aforesaid Process was never brought to any final Conclusion, 
probably, for this Reason, that an Interdict was, without any Opposition, 
pronounced ; which in the mean time, and during the Dependence of the 
Process had the same Effect as if Decree had been obtained. 

'* In the Year 1735, the Earl of Fife^ then Lord Braco^ purchased the 
Earldom of Mar^ Superiorities, and Woods thereof, from Lords Gra$ige 
and Dun^ whereupon he expede a Charter under the Great Seal and 
Infeftment 

'' As the Purchase, made by Lord Grange and Dun^ was understood 
to be for Behoof of the Heir of the Family, the Vassab continued to 



WOODS AND GRAZINGS : SBRVITUDES. 143 

shew some R^ard to the above mentioned Regulations, for Preservation 
of the Woods ; but how soon Lord Fife became the Purchaser, they 
returned to their former Practices, and committed infinite Waste and 
Destruction upon the Woods, in every possible Way. 

*' The Danger of Fire to these Woods, is scarce to be conceived : The 
smallest Spark will set Fire to the Heath, which immediately com- 
municates to the Trees, when the whole goes up in a Blaze ; and, if 
there is the least Breath of Wind, spreads with such Violence, that it is 
scarce extinguishable ; and, on account of this Danger, it has justly been 
esteemed to be a Circumstance of the greatest Consequence, that no 
Mailler or Cottar should be planted in l^e Openings of these Woods, 
which would furnish an Opportunity, either by Roguery or Neglect, to do 
such irreparable Damage. 

^ These Abuses made it absolutely necessary for the Earl of Fife^ to 
bring a fresh Process before this Court, at his own Instance. 

** The general Scope and Tendency of the Action, is to have such 
Regulations establi^ed, as may be effectual, to secure the Defender, Mr. 
Farquharsan of Invercauldy and his Tenants, in the full Enjoyment of the 
Servitude, and at the same time, to prevent these Excesses and Abuses, 
which, of late Years, had been so avowedly practised. 

•* It is known to your Lordships, that, as Fir-woods do not spring 
from the Root, but are propagatecl by the blowing of the Seed in the 
Grounds, immediately adjacent to the old Woods, or in the Openings, 
where they have Freedom of Air, these highland Fir-woods are not fixed 
to a particular Spot, but gradually shift their Stances ; and, it w^ plainly 
for diis Reason, that, in the original Feu-charters, not only the Woods 
then growing, but to grow, were specially reserved ; and the Nature of 
Things speaks it, that this was absolutely necessary to attain the End 
propped, because, if the spreading of the Wood, and Growth of the 
young Timber, could be impune stopped in those Parts, where it naturally 
expands itself, its Existence would be of short Duration. In the Pro- 
ceedings in this Cause, which came originally before Lord Kilketran^ 
upon his Death, was remitted to Lord Caalston^ the Pursuer exhibited a 
Condescendence of these Regulations, which he insisted should be 
established, both for securing to the Defender the reasonable Exercise of 
the Servitude reserved to him, and for Security and Preservation of the 
Woods themselves, against the several Injuries and Abuses that had been 
committed, in substance the same with these that have been established 
by the Act of the Baron-court in 1725. 

^ And, amongst other Particulars, he complained of a Tack, which 
had been lately granted to a Mailler or Cottar, of the Name of Colder^ of 
an Opening, consisting of a very few Acres of Moor-ground, in the very 
Heart of his largest and best Fir-woods, which was Uiereby exposed to 
be totally destroyed, either by wilful Fire-raising, or by Neglect, or even 



144 RECORDS OF INVERCAULD. 

by Accident ; that, under the Colour of this Tack, Colder had pulled up 
many Thousands of young Trees, growing upon said Area, then in a 
tiiriving Way, built Houses upon it, and plowed up Part of the Ground ; 
and that having thereby Access to the Woods all around him, he pillaged 
and pilfered at pleasure, without any Possibility of Prevention or Redress, 
which no Vigilance of the Forester's, in so lai^ a Tract, could prevent 
or restraia 

"^ 2dfy^ And as the same Thing might be practised in other Parts, 
particularly in these circumjacent to the old Wood, where the young 
Growth was springing, or in Places where the Wood had been cleared, 
and where the young Growth had ^rain sprung up \ or, if not prevented, 
would again grow, he therefore insisted, that some proper Regulation 
should also be established, for preventing any Abuse of this kind. 

" yily^ He insisted, that this Servitude upon his, the Pursuer's Woods, 
could only be claimed in subsidium of the Timber growing upon the 
Defender's Property-lands, when there was not at the time Sufficiency of 
Timber belonging to the Defender himself, such as Birch, Aller, &c. fit 
and proper for the Use of the Servitude. 

^' The Defender made Answer to the aforesaid Condescendence ; 
Parties were repeatedly heard thereon before the Lord Ordinary, and 
most of the Articles have received his Lordship's Judgment, by very 
distinct and articulate Interlocutors, which are so equitable and just, that 
both Parties seem disposed to acquiesce therein. 

"By the last of these Interlocutors, which bears Date the 19th 
January \jfiO^ the Lord Ordinary made Avisandum to your Lordships 
with the following Particulars : i^/. How far the Defender has Right to 
plow or plant any, and what Part of the Grounds ? 2dly^ How far he is 
mtitled to take Fir-timber from the Pursuer's other Woods in the 
Earldom of Mar^ when he has Sufficiency of Birch and other Timber up- 
upon his own Lands proper for the Purposes of the Servitude ? 

" And in the Entry, the Pursuer will be allowed to observe, that as 
these Lands, which now belong in Property to the Defender, did 
originally belong to the Family of Mar^ and were feued out, under the 
express Reservation of the Fir-woods growing, or to grow thereon ; this 
is not to be considered as a Servitude upon the Vassal's Property, or as 
such, subjected to these rigid Rules, which are generally contended for 
in all Questions respecting Servitudes, considered as contrary to natural 
Liberty. These Woods were the Earl's Property ; so that when he feued 
out the Lands, reserving the Woods, it was a Reservation of so much of 
his original Property, and a proportional Abatement would be given of 
the Price, corresponding to the Value of these Woods. And where that 
is the Case, the Earl submits it to your Lordships, that this Reservation 
ought to be most liberally construed ; and more particularly, that nothing 



WOODS AND GRAZINGS: SERVITUDES. I45 

ought to be allowed which can in the smallest D^ree hurt or impair the 
Superior's Right in these Woods. 

** 2dfyf He must here repeat the Observation formerly made, that as 
It is inherent in the Nature of these Fir-woods gradually to shift their 
Stations, and as in this View the Reservation was not confined to the 
Wood then growing, but did also comprehend such as should thereafter 
grow, the Import of this Clause must be determined according to what 
must appear to have been the Meaning and Understanding of Parties, so 
as neither to justify, nor tolerate any thing to be done, which might lead 
either to the total Extirpation of the Wood, or to damnify and prejudge 
the same in any Sort 

*^ These Observations beii^ premised, the first point that occurs to 
your Lordships consideration is, how far the Defender has Right either to 
plow or plant, and what Part of the Grounds may be so plowed or planted. 

'^The Pursuer is sensible of the Difficulties that must occur in 
establishing any general Rule, which may not be liable to some Objections 
firom the one Party or the other, and as he is fully persuaded of your 
Lordships good Intentions to do equal Justice to both Parties, he will 
rather take the Liberty to suggest such Particulars as occur to him to be 
proper for your Lordships Consideration, than to fix upon, or prescribe 
what that Rule ought to be. 

''For as on the one hand he has not the most distant View to 
obstruct any Policy which the Defender may be disposed to make about 
his House of Invercauldy though in Sight of the Woods, or even to 
prevent any rational Scheme of Improvement which can be proposed 
with any seeming Benefit or Advantage to him, and without manifest 
Hurt and Prejudice to the Woods, so on the other hand, he should think 
it equally unjust, that under Pretence; of extending Policy, such as by 
inclosing and planting the Ground close by these Woods, or by tilling up 
the Ground immediately adjacent to the Woods, whether already 
occupied by young growing Timber, or to which the Wood, if not 
checked, must necessarily extend itself, the Defender should be intitled 
to obstruct the spreading of these Woods, without which they cannot 
subsist, and in time must be extirpated. 

"These are the two Extremes, which ought to be equally guarded 
against He does not desire the one, and he wishes to avoid the other. 
If he has satisfied your Lordships, as well from the Nature of these 
Woods, as from the Reservation itself, that they must be allowed to shift 
their Stances, and that, by confining them to these Spots where the Stool 
of the Wood now stands, they would soon be extirpated, proper Pro- 
vision must be made to guard against every Abuse from which so great 
an Evil would ensue. 

"And there is real Evidence that such was the Meaning and 
Understanding of Parties, in respect that the Woods in their present 
T 



146 RBCORDS OF IMVBRCAULD. 

Situation, have undetf[one great Changes since the or^nal Constitution 
of these Feus. There is scarce a Year wherein they do not make such 
Change greater or lesser, shifting backwards and forwards ; and as the 
Earl's Property is not disputed in the Woods as they now stand, and as 
it was never pretended that die Reservation was to be confined to the 
solum of the Woods, as they stood in these former Times, this is 
Demonstration that such was tiie Meanine and Understanding of Parties 
from the Beginning ; nor does the Defenmr seem to dispute that Point 

** The general Plea he maintains is, that the Property of the Ground 
is his, subject to the aforesaid Reservation of the Woods ; that he is put 
under no Limitations or Restraint as to the Management of his Property 
in such Form and Manner as shall be most beneficial to him. For 
Example, that he may inclose and plant any Part of the Grounds, that is 
not already occupied by the Woods, however apparent it may be that 
the Woods behoved soon to extend over these Grounds, if not so pre- 
occupied ; that he may plow up any Part of the Grounds wherein there 
is no Growth of Trees at the Time, however contiguous such Tillage may 
be to the Woods. 

" If these Principles were to be allowed, the Consequences are plain, 
that thqr might be abused, to extirpate these Woods in a great Measure ; 
he may draw a Line of Circumvallation, by an earthen Dike round the 
Woods, where they now stand, and by planting the Grounds on the inner 
Side of said Dike, check the Progress of the Wood all around, in respect 
that the Reservation can only be construed to comprehend Woods and 
Trees of natural Growth, not those that are planted. 

**2dfy^ By plowing up two or three Rigs Breadth of the Ground 
adjacent to the Woods, where the Extension of them would apparently 
be, he might, by that Means, also check the Progress of the young 
growing Timber in those Parts. 

^ And as by those Means, or other such Devices, he might confine 
the Woods to the solum they now occupy, and prevent every Extension 
thereof, it is apparent, from the Nature of those Woods, that, in Prc^press 
of Time, this would terminate in a total Extirpation 

"And as it is therefore impossible, that this can be allowed of, 
consistent with that bona fides^ which ought to r^^late every Contract, 
or with what was manifestly in View, when these Feus were originally 
granted with the aforesaid Reservation, it belongs to your Lordships to 
establish such Rules in this Particular, as may be attended with the least 
Inconveniencies to both Parties, having it principally in View, that 
nothing shall be permitted which may be pernicious or hurtful to the 
Reservation, in a fair and equitable Construction thereof. 

'' But whatever shall be your Lordships Judgment, with respect to 
Grounds that are not already occupied with growing Trees, it will scarce 
be maintained, that, under Pretence of Improvements, the Defender 



WOODS AND GRAZINGS : SERVITUDES. I47 

should be tolerated by himself, his Maillers, Cottars, or others, to lay ' 
hand upon Ground, whereon, at the Time, there is a Growth of young 
Trees. 

''And this leads more particularly to mention the Abuse already 
taken Notice of, in the Article of Colder^ the Mailler, or Cottar, whose 
Hut, or Cottage, is planted in a small Opening of three or four Acres, in 
the very Heart of the best of the whole Woods, and which, at the Time 
of his entering to possess, was covered with a Growth of fine young Trees, 
well advanced ; Uiese he rooted out, by Permission of the Defender, 
without any Advertisement given to the Pursuer, his Factors or Forresters. 
He has already plowed up a small Part of it ; and, as it is difficult to 
keep down the young Trees in the other Parts that are not plowed up, 
he roots them up, or snecks them over, how soon they begin to raise their 
Heads above the Heather. 

" The only Apolc^y that has been offered for so manifest an Abuse, 
is an Averment, that, some Time or other, that Area had been plowed up, 
and that there are yet the Vestiges of Rigs upon it What may have 
been the Case some hundreds of Years ago, the Pursuer cannot pretend 
to say ; and, indeed, in almost all the unfrequented and unfertile Heath 
Grounds in the North of Scotland^ the Vestiges of Culture m some 
ancient Period are discemable at this Day, yet Vestiges of Rigs there are 
none visible to human Eyes here. But, supposing the Fact to have been 
that, a Century or two ago, perhaps before the granting of these Feus, an 
Experiment of this Kind had been made, is it possible from thence to 
justify the rooting out of a fine Growth of young Trees well advanced. 

•* If this is allowed, the Defender may proceed, and plant a Cottar 
upon every Spot where Timber formerly grew, how soon the solum is 
cleared ; and, if he may also prevent the spreading of the Wood to new 
Ground, it would be hemmed in on all Sides, l^yond what was ever 
known or attempted 

** Though this of itself is sufficient Cause of Compliant, with respect 
to Caldei^s usurped Possession of the aforesaid Area, the Pursuer makes 
no Difficulty to acknowledge, that what he is no less alarmed with, is the 
apparent Danger that may from thence arise to this valuable Part of the 
Wood, through the planting of this Cottary in so small an Opening of 
this valuable and extensive Wood, thereby exposed to the apparent 
Danger that may justly be apprehended from Fire, whether wilfully 
raised, or by Neglect or Accident All the Profit the Defender can 
propose by this Cottary is so trifling, that it scarce merits a Name, 
whereas the Danger to which the Woods are thereby exposed, is so 
apparent, and the Damage that would from thence ensue, should any 
such Fatality happen, would be so immense, that it must be the Height 
of Humour, should the Defender persist in maintaining this Cottary ; and 
Locd Fift has the greater Reason to take this Danger seriously to Heart, 



148 RECORDS OF INVERCAULD. 

and insist for proper Precautions s^nst it; that, in Fact, since the 
Commencement of this Process, a Fire actually broke out, and destroyed 
Part of the Wood in the Neighbourhood of this Caldei^s House, and, if it 
had not been that the whole Country rose, and Invercauld himself was 
very active in extinguishing those Flames, the Damage would have been 
fatal and irreparable. 

" And therefore to conclude upon this Point, as the Pursuer leaves it 
with your Lordships to establish such Regulations, with respect to the 
Liberty acclaimed by the Defender, for Policy and Improvement, as may 
be consistent with the Safety and Preservation of the Woods, so as not 
to prevent or check their natural Extension and Spreading, which is so 
essential and necessary to the Fir-woods in that Part of the Country ; so 
•he submits it to your Lordships, that, under no Pretence whatsomever, 
can the Defender be permitted, by plowing or otherways, to destroy the 
Growth of the young Wood, either in the Openings of the old Wood, or 
in the circumjacent Grounds, or upon any Part of the Lands on which 
this Properhr in the Woods is reserved ; for a Reservation of the Wood 
growing ancl to grow^ can have no Meaning or Effect whatever, if it does 
not intitle the Proprietor to defend and protect the yowng growing Wood, 
wherever it springs up, from its earliest Appearance ; it is equally 
inconsistent with this Right, to check' or crush tiie young Growth, as to 
destroy the old. 

"And, more particularly, he insists, that no Cottaiy ought to be 
placed within such a Distance from the Woods, as your Lordships shall 
think proper to prescribe ; that the placing of Caldet^s Cottary in the 
aforesaid Opening, in the very Heart of the lat^est and best of these 
Woods, was, at any Rate, improper, esto that Opening had been free of 
Timber, and doubly so, where, at the Time, it was covered with young 
Trees well advanced, which he was permitted to eradicate and root out 

"The other Point taken to report lies within a much narrower 
Compass, and the single Question thereupon arising is, whether the 
Defender is intitled to the Exercise or Enjoyment of this Servitude upon 
the Earl's Fir-woods, when he has Sufficiency of other Timber, such as. 
Birch, Allar, 6r. growing upon his own Lands, proper for the Uses of the 
Servitude. 

"The Defender insists, that as the Fir-woods growing upon his 
Property Lands, notwithstanding of the aforesaid Reservation of the 
Property of those Woods to the Earl of Mar^ the Superior, were desti- 
nated and appropriated for the Use of this Servitude, in their Bi^ngs 
and Labouring-utensils, so, in the Event, that there was not Sufficiency 
of Fir-timber for the above Purposes upon their Property Lands, they 
were intitled to be supplied out of the Earl's other Fir-woods in that 
Country, so that, in both Views, the Fir-woods only were destined for the 
Uses of the Servitude, without any the least Mention of what other 



V^CX)DS AND GRAZINGS: SERVITUDES. I49 

Woods the Vassals might have upon these their Property Lands, which 
therefore they were at Liberty to dispose of, for their own particular 
Advantage, and could not be compelled to apply these for the Uses of 
their Servitude, more especially considering, that these other Species of 
Trees were not so proper for some of the Uses of the Servitude, as the 
Fir-timber. 

"The Clause in the Defender's Charter of Resignation 1726, is in 
the following Words : * That it shall not be leisom, or lawful, tor the 

* said /oAn Farquharson^ to cut, fell, or give away, any of the growing 

* Fir-trees of the said Lands, but allenarly for their own Use, in their 
' Bigging and labouring of the Ground, for the Necessaries of them and 

* their Tenants : And if it shall happen them not to have sufficient Trees 

* and Timber growing within their satd Lands ^ for the Use of theit Bigging 

* and labouring of the Ground^ in that Case we bind and oblige us, and 
'our foresaids, to permit them, at the Sight of our Baillie and Forrester, 
' to cut and taJke away the said Necessaries, for the Uses above written, 
'forth of our reserved Woods whatsoever, within the Bounds of Mar^ 

" From this Clause, of the Tenor above recited, your Lordships will 
observe a very remarkable Variation in the Expression, as it respects the 
different Events. If there were Fir-trees growing within the Vassal's 
Property, he was allowed the Use of these for the Purposes of the Servi- 
tude, vis. For the Biggings and Labouring-utensils ; and therefore, the 
Pursuer shall submit to your Lordships, upon the Words of the above 
Clause, without any Ai^ument, whether, where such happens to be the 
Case, the Defender may be permitted to take these Necessaries, in the 
first Place, out of the Fir-trees growing within his Property-lands, though 
reserved to the Heritor, and thus far to save his other Woods of Birch, 
Allar, 6r. though equally proper for the Uses of the Servitude ; it is 
submitted if such appears to have been the Meaning and Understanding 
of the Parties themselves, and if the Agreement is so worded as to 
justify that Construction. 

" But then your Lordships will observe, that in the very next Clause, 
where the Servitude comes to be extended over the Earl's other Woods, 
in subsidium of there not being Sufficiency of Timber upon the Vassal's 
Property-lands, for the aforesaid Uses and Purposes, that Extension of 
the Servitude over the Earl's other Woods, is conditional, and only to 
take Effect, ' In case it shall happen them not to have sufficient Trees 
'and Timber growing within dieir said Lands, for the Use of their 
' Bigging, and labouring of the Ground' 

** Tht Defender contends, that by these Words, Trees and Timber, 
must be understood Fir-trees only, because, by the former Clause, the 
Vassal was allowed the Use of the Fir-trees growing upon his own Lands, 
for the Purposes of the Servitude, and consequently, that the Deficiency 
of these, when that should happen to be the Case, was the Cause or 



ISO RECORDS OF IWBRCAULa 

Consideration for the Extension of this Servitude over the Earl's other 
Woods. 

*" But the Pursuer submits it to your Lordships, tiiat this is repugnant 
both to the Words and Spirit of the Clause The Words are dear and 
unambiguous, 1/ it shall happen them not to have suffidemi Trees and 
Timber growing within their said Lands, These Words, Trees and 
Timber, in their plain natural Meaning, are descriptive of every Species 
of Trees, proper for the Use of the Semtude, qui omne dicit^ nihil excipiL 

" And the Variation of the Expression is the strongest Argument 
against the Construction contended for by the Defender. By the former 
Clause, the Earl had condescended so far as to allow the Vassal the Use 
of the Fir-trees growing upon his own Property-lands, for the Purposes 
of the Servitude. But when, in the next Clause, he comes to grant the 
Extension of this Servitude over his other Woods, as the Vassal had not 
any Claim in Equity to be supplied out of these, especially when he had 
Timber of any Kind upon his own Lands, proper for these Uses, the 
Expression is industriously varied, and the Variation is remarkable, that 
it was only to take place, in case he had no Trees or Timber growing 
upon his own Lands, proper for these Uses. 

*' If it had been in the View of Parties to grant this Extension of the 
Servitude, upon the Deficiency of Fir-trees then growing upon the 
Vassal's Property-lands, esto he should have at the Time, over so great a 
Quantity of other Trees and Timber fit for these Uses, there could have 
been no Difficulty to have expressed it And therefore, as the Variation 
of the Expression shews, that something else was intended, so the 
Condition is clearly and unambiguously expressed by these Words, via. 

* If it shall happen them not to have sufficient Trees and Timber growing 

* upon said Lands.' By what Rule of Construction the Defender can 
pretend to confine these Words, Trees and Timber, to Fir-trees only, is 
inconceivable 

** And the Pursuer will be allowed to observe, that as the reasonable 
Purpose of all Servitudes is to supply those Wants which the dominant 
Tenement labours under, and has not wherewithal to supply itself, it 
would have been a most unequitable Demand on the Part of die Vassal, 
that the Earl of ^^xr should grant him a Servitude upon his other Woods, 
for his Biggings and Labouring-utensils, when he had Sufficiency of 
Timber upon his own Lands, proper for these Uses, so that in dudio^ it 
will not be presumed, that so unequitable a Demand had either been 
made by the Vassal, or granted by die Superior. 

^ llie Fir-trees growing upon the Va^al's Property, merited a very 
different Consideration. As the Earl was to reserve these, it might be 
reasonable that they should be subjected to the necessary Uses of the 
Vassal and his Tenants, for their Biggings and labourii^ the Ground, so 
as even to save the Vassal's other Woods and Trees ; but it merited a 



WOODS ANDCHIAZINGS : SERVITUDES. 151 

veiy different Consideration, when the Servitude was to be extended to 
the Earl's other Woods, over which the Vassal had not the Colour of a 
Claim, either in Law or Equity. 

"These Considerations would be sufficient, was the Clause itself 
conceived in doubtful or ambiguous Words. But as the Condition is 
dearly expressed, in Words which can admit of no Dubiety, it would be 
highly unjust to extend this Servitude beyond what the Words can 
import by any fair Construction, or can be supposed to have been in the 
View of Parties. 

In respect whereof^ &c, 

ALEX. LOCKHART. 

POSTSCRIPT. 

'^ It is not the Intention of the Pursuer to bring any additional Arguments 
to those used in his Information, in which the Cause is already fully 
and candidly stated. What he intends is only to make an Obs^ation 
or two upon a Fact, which is entirely misrepresented in the Defender's 
Information, and with a View, as it would appear, to give your Lordships 
an unfavourable Impression of the Pursuer's Claim. 

" The Fact meant, is what r^ards the Croft possessed by Colder^ the 
Setting of which to a Cottar, in the very Heart of the Pursuer's Wood, 
he has from the Banning insisted to have been unwarrantable, and 
destructive to his reserved Property in the Woods, and the Danger 
arising from which Set did indeed give first Rise to this Process. 

** This Croft, the Defender represents as the greatest Opening on the 
River Dee^ ' consisting of no less than an hundred Acres of Moor : That 
' it is the most proper Spot for Cultivation in the Country, and that so far 
* from being in the Heart of the Pursuer's Wood, it is all clear and open, 
'except that here and there, there is a Clump of Firs.' 

** But the Fact is, as has from the Beginning been maintained by the 
Pursuer, that this Croft of Caldet^s^ so far from answering to the pompous 
Description given of it by the Defender, is a small Spot of Ground, of no 
larger Extent than about three Acres, and that quite surrounded by die 
Pursuer's Fir-woods, except on the North-side, where it is bounded by 
the River. On the East, South, and West, it is surrounded by the large 
Wood of Ballochbuie^ which consists of the finest, tallest, and most 
thriving Trees, belonging to the Pursuer, and the large Trees were not, 
on any of these three Sides, at a greater Distance than three Yards from 
Calder^s House and Yard. All this the Pursuer undertakes to prove. 
He is also able to prove, that upon these three Acres of Ground there 
were above 12^00 young thriving Trees, from one to three Yards high, 
before they were destroyed by this Cottar, under Pretence of Cultivation ; 
for it is so far from being true, that he has brought in so much Ground 



152 RECORDS OF INVERCAULD. 

as to be able to subsist himself, and a Family of nine or ten besides, as 
the Defender pretends, that, to this Day, there is not so much tilled as 
will sow a Firlot of Bear. 

** It is as little true, that this is the most proper Spot for Cultivation 
in the Country, 

"By the Description given by the Defender, of the Country of 
Braetnar^ and which is admitted, in good measure, to be just, it appears, 
pretty evidently, that the greatest Part of it has never been intended, by 
Nature, for the Production of Cora The Country, however, is not all 
equally bad ; the Lands of Castletown^ belonging to the Defender, and 
the Lands of DaUmore^ AUanmore^ and AUanquoich^ are fertile, well 
cultivated Spots, upon the Side of the River. But as to this Moor, upon 
which the Wood of Ballochbuie grows, it is of so very Uiin and poor a 
Soil, that hardly any Advantage could be proposed from its Cultivation, 
neither has ever any Attempt been made, other than by this Colder^ to 
bring into Cultivation any Spots of the Moor unoccupied by the Wood. 
It is indeed true, that there is a small Bit of Ground at the West-end of 
the Moor, which is cultivated, being situated upon the Side of a Rivulet, 
by which it is rendered more fertile than the rest This Piece of Ground, 
at the Side of the Rivulet, is the Farm mentioned in the Defender's 
Information ; but it is not, as there stated, adjoining to CakUr^s Croft, but 
at a very considerable Distance from it, as there is no less than half a MUe 
of Moor, and several hundred Yards of Wood interjected between them. 

''In order to draw an Aigument in his favours from the Use of 
Possession, and to show that it is not an Innovation that this Piece of 
Ground is set to Colder^ the Defender asserts, that this Spot was formerly 
cultivated, and that within the Memory of Man. 

'' It were to be wished, he had been a little more particular as to that 
Fact, and then it would have appeared, whether it was sufficient to 
support the Conclusion drawn from it The Pursuer is assured, that it 
can be proven, that this Piece of Ground never was under Cultivation in 
the Memory of Man. He is indeed informed, that one Year after the 
Rebellion 171 5, when this Estate was under Forfeiture, and probably not 
so carefully looked after, as when under the particular Inspection of the 
Proprietor, this very Colder tilled, or dug with the Spade, a very small 
Spot, upon which he sowed two or three Pecks of Bear, which he<ieserted 
and never reaped. From that Time, till within these two or three Years 
that Colder returned, it never has been touched ; so that the Heath, upon 
the few Rigs which had been then dug up, was grown to the Height of 
no less than a Yard, and continued so till Colder^ this very Year, set the 
whole of this Piece of Moor in Fire, which not only destroyed all the 
remaining young Seedling Firs, but also endangered the whole Wood, 
the Destruction whereof would have been unavoidable, had there been 
the least Breeze of Wind. This is all the Cultivation it ever got, and it 



WOODS AND GRAZINGS: SERVITUDES. 1 53 

is a veiy bad Argument for the Use of Possession, that the same 
unwarrantable Practice was formerly attempted that is now put in 
Execution. 

" With respect to what is said by the Defender, that no Trees were 
destroyed upon this Spot which were above the Reach of Cattle. If this 
was any Argument in his favour, it would prove, that any Part of the 
Ground, adjacent to the Woods might be plowed up, even where Trees 
were growing, provided they were not out of the Reach of Cattle ; a 
Construction which would very soon have the Effect to put an end to the 
spreading of these Woods. If young Trees are cropt by the Cattle, there 
is no help for it. It is an Accident that there is no avoiding, that some 
of them should be so destroyed : But, because some of the Trees may be 
hurt or destroyed by that Accident, no Argument can possibly be drawn 
from this, that therefore the young Trees may be plowed down, or pulled 
up by the Roots. But the Fact is, that the Trees upon that Moor run 
very little Risk from the Cattle, as there is hardly any Pasture on the 
Moor adjacent to the Woods, and the Cattle are all grazed in the Forrests, 
where there is the best Out-pasture for all Kinds of Cattle to be found 
any where in Scotland, 

^ The only other Remark the Pursuer shall make, is upon that Part 
of the Memorial, where the Defender, in order to prove, that he has a 
R^ht to cultivate the Grounds adjacent to the Woods, draws an Argu- 
ment from his having inclosed and planted Part of the Moor adjacent to 
his House. 

" It is very true, the Pursuer did not interrupt Invercauld in inclosing 
and planting such Pieces of Ground as were proper for the Ornament 
and Convenience of his House, though, according to the strict Letter of 
his reserved Right, he might have disputed that Power to Invercauld^ had 
he been disposed to use his Right emulously, or to Invercauld s Prejudice. 
On the contrary, as he was inclined to make the Exercise of his own 
Right of as little Inconvenience to the Defender as possibly he could, he 
did not prevent him from planting and extending his Policy ; and when 
the Lord Ordinary found by his Interlocutor, that the Policy round the 
House of Invercauld did not fall under the Restriction, he readily 
acquiesced in it But he must be allowed to say, that it does not seem a 
suitable Return for his Easiness in this Particular, that an Argument is 
now founded upon it to prove that the Defender has Right to plant such 
Parts of his Ground as are not fit for Tillage, a Liberty for which he has 
not the smallest Claim by the Nature of his Right, and to which he 
certainly would not pretend, but in order to draw the Conclusion, that a 
fortiori he has a Right to plow. 

In respect whereof &c. 

ADAM FERGUSSON, 
U 



154 RECORDS OF IHVERCAULDl 

The Inner Houae adhered to the Lord Ordinaiys Interlocutor widi 
some slight additions and explanations ; and it might have been thought 
that here the matter would have ended. But so far from that taking 
place, the servants and dependants of the principals in the action 
harassed each other in every possible way in the manner in which they 
exercised their rights and privileges, and the emulation between them 
was greater than ever. Add to this that several other proprietors became 
parties in the strife. All who had received charters from the Earl of 
Mar in 1632-34, claimed the same servitude over the superior's fir woods 
as had been accorded to Invercauld, and a new action was raised against 
the Earl of Fife, who had prevented them from exercising their supposed 
rights. The following extracts, from the voluminous papers in this new 
law suit, will be sufficient to show how the case stood, while they shed 
not a little light on the social conditions of the country. 

Before raising the action, however, these heritors, headed by the 
Earl of Aboyne, sought the opinion of counsel. The opinion, given by 
Hay Campbell, on 3rd September, 1773, mainly relates to the right of 
the heritors to lead the action against the Earl of Fife, and is in the 
affirmative. On other points it is not materially different from that 
obtained by Invercauld in 1761, and need not be farther referred ta 

In October of the following year, the agent for the Heritors of Mar 
(now the Pursuers) gives his clients further information which is of 
considerable importance for local history. He writes : — 

" October 22, 1774. — In a Conversation with Mr. Mclnnes of Cold- 
stone, late Minr. of Crathie, it is learned that about the year 17 19, when 
his Manse of Crathie was built, there was fir Timber got as servitude 
from the Woods of Mar for Roofing, stairs, doors and windows, and 
flooring, and no objection made thereto, being agreeable to the practice 
then prevailing, and always thereafter till Lords Dun and Grange formed 
Innovation, and pretended to restrict the Servitude Right of the Vassals 
of the Family of Mar at that Court held in the (year) 1725 at Castleton 
of Braemar, on the arbitrary Acts of which Court so much stress is laid 
by Ld. Fife. But that there was no proper legal conserted Concurrence 
of the Heritors to the oppressive proceedings of that Court will appear 
afterwards. 

"Mr. Mclnnes further informs that Servitude Wood for his office 
houses was got much about the same time with the building of his 
Manse, and further that it was got from the very nearest and most 



WOODS AND GRAZINGS: SERVITUDES. 155 

adjacent firr woods belonging to the Family of Mar formerly, but at that 
particular time pertaining to the Crown alter the Rebellion of 1715 and 
before Lords Dun and Grange had any concern with that Estate and 
Woods. And further, that Provost Stuart, then Provost of Aberdeen and 
Factor for the Government on the forfeited Estate of Mar, desired Mr. 
Mclnnes to call for as much wood as should be any ways requisite for 
finishii^ hb Manse and office houses in the best and most convenient 
manner. And Farther, Mr. Mclnnes informs me that there was no par- 
ticular time or month in the year fixed for getting said wood out, but at 
any time when it was needed, and that no dimension or size of wood 
were then laid down beyond which no wood should be given, as is now 
pretended to be done; and that no restriction then took place, but 
against selling, destroying, or giving away, which was altogether con- 
sistent with equity and common sense. 

** Mr. Mclnnes farther relates that, in many conversations he had 
with the late Invercauld, Abergeldie, and Monaltrie, all of whom are now 
deceased, — ^that he heard them complain exceedir^ much of the arbitrary 
and iniquous Acts pretended to be made at the Court held by Lds. Dun 
and Grange in the year 1725. And they expressed in the strongest 
terms their displeasure and remonstrances against that Day's proceedings, 
and hoped that sometime these grievances would in the course of Provi- 
dence be redressed, tho' at that particular time the Vassals and 
Heritors were so circumstanced that no unanimous concert could be 
entered into for having the full extent of their servitude ascertained and 
cleared up according to equity and old practice formerly in use in the 
country. 

" Not only did Mr. Mclnnes hear the above three Heritors express 
their dissatisfaction with the above mentioned oppressive Court Acts, but 
had also occasion to converse with other heritors of his Parish of Crathie, 
whereof he was then Minn, on that affair, and that all of them spoke in 
the same manner relative to the rigorous Acts of that Court, done with 
* a high hand ' as we say, over the belly of ancient practice. 

" So that from the above brief hints, noted down from Mr. Mclnnes' 
accts. of the matter, three things are plainly made good, viz. : That 
Servitude Wood was always in use to be given even for Manses and all 
office houses belonging to the Minister, for stairs &c. which is now with- 
held for sometime past since Ld. Fife and his authors, after the 
3 purchasing of the forfeiture, began to turn their fir woods to such 
vantage that they resolved piece meal to infringe the servitude for the 
purpose of their own monoply ; so that, if such matters were not soon 
cleared up and rectified, the Servitude in a few years would not be worth 
the having. 

** A Second thing made out from the above accts. of a worthy old 
man of probity, the said Mr. Mclnnesi and who has now no concern in 



IS6 RECORDS OF INVERCAULD. 

the matter, because no Servitude is given in the place where he now 
resides — ^We say a Second thing made good is that Servitude was given 
on the nearest and most adjacent woods of Mar, and further, that it was 
given every month in the year. 

** A third thing now brought to light from Mr. Mclnnes' Acct&i is 
that the Heritors entitled to Servitude never gave assent or consent to 
the Proceedings of this mock Court by writing or otherwise, otherwise 
they had no room or cause to complain of that Act, had they voluntarily 
agreed to such Innovations and restrictions as were then pretended to be 
formed. 

" The above named Provost Stuart was a gentleman of undoubted 
probity and honour, of liberal education, and paid strict attention to the 
affairs of the estate of Woods of Mar entrust»l to him by the Govern* 
ment ; and his ordering Mr. Mclnnes to take what wood he had occasion 
for was an evident testimony that he understood the Right of Servitude 
so far as he gave orders. It's not to be supposed that a gentleman of such 
undoubted probity would have allowed one inch of more liberty to the 
Heritors, or any concerned, than the ancient practice of the Country and 
the strain of their Charters entitled them to. And no comparison can be 
run between this gentleman's character and that of those whom Ld. Fife 
now employs as his Factors in Braemar, and overseers of his woods, who 
are generally people of low rank, unlettered, and study nothing more 
than ingratiate themselves with their Constituent at the expence of 
violating and overreaching upon the Rights and privil^es of the Heritors 
and their tenants in the SLffair of distributing the Servitude." 

Before, however, legal proceedings were formally entered upon, 
several attempts were made to have the matters in dispute amicably 
adjusted. With this view the Earl of Fife addressed the following letter 
to Francis Farquharson, who had brought out the Deeside men in support 
of " Prince Charlie " in the rising of the '45, and whose papers relating to 
that event will be separately treated of: — 

"To 

Francis Farquharson, Esq. 

Fife-Durham — 

" Dear Sir, Whitehall, March loth, 1777. 

I transmitt Sr William's letter to you with mine into the 

bargain. I wish when you write to our friend, Invercauld, you would 

recommend Peace ; this Process about the Servitudes on the Woods, I see 

I The Rev. John Mclnnes, a native of Inveniess-shiie, gradoated at King's College, 1710 ; 
ordained to CnUiie and Braemar, 1715 ; translated to Logie-Coldstone, 1748, where he died, 
Fatubk of the Church, in 1777, in his 88th year and 63rd of his ministry. 



WOODS AND GRAZINGS: SERVITUDES. 157 

will revive all the Litigation that subsisted in former times, and will land 
on Mr. Farquharson and me. I confess my nature detests all law contests, 
and there is nothing I wish more than to live in Peace and friendly 
intercourse with my neighbour ; As yet I have been able to do so ; and 
except this Servitude Process my name is not in the Parlt House. Lord 
Aboyne, I see, is at the head of this ; and I am confident victory to 
either side will not add much substance, and we shall be all money out 
of Pocket I was very sorry to retain Mr. Wedderburn &c. here for the 
appeal, as I hear it is resolv'd on to come here in the event that they 
don't succeed below. I must certainly deffend myself in this very 
unprovoked attack. 

" I hope your health and Mrs. Farquharson's' are good. I am 
always with great Regard 

Your most obedient 
humble servant 
Fife." 

This is followed by : — 

" Coppy Letter to Ld. F. in answer to the above M.L. (My Lord). 

"On Friday last I had the honour of receiving your Lordship's 
Letter of loth March (as also the one from Sir W. D.) and I have been 
so much engaged that I have not had time till now to acknowledge the 
receipt of the same. I am much oblidged to your Lordship for looking on 
me as a fitt person to be a Peace-maker, and it is what I should take 
great pleasure in If my abilitys were equal to my Inclinations. But in 
Sie present case of the dispute about the Servitude I don't know what I 
can say to Invercauld unless your Lordship had made some proposalls as 
a foundation for a sittlement In which case I should have known better 
how to act ; and I am sure there is no man more inclined to live in peace 
and friendly intercourse with his neighbours, and less disposed for law 
pleas than Invercauld is. Your Lordship very justly observes that L. A. 
is at the head of it, and the origin of it was in support of his namesake, 
Crad. [Craithenard]. But at the same time I own that all of us were 
concerned ; that there was a great need of haveing our Right apportioned, 
and to know exactly what we are entitled to, particularly in that of being 
supplied out of the nearest and most adjacent Woods. But I shall not 
just now enter further into the merits of the cause, but shall take this • 
opportunity to observe that it has often occur'd to me that the present 
dispute might be settled fully as much to the satisfaction and more to 
the advantage of all concerned (by (besides) saving expenses) in an 

I From this it is evident that Mrs. Farquharson— nee Miss Ejre— was still alive in 1777. 
Whether she ever resided in Scothmd is uncertain. The House of Monaltrie was burnt in 17469 
aad a new one had not yet been built 



158 RECORDS OF IVVERCAULIX 

amicable manner as by law ; and as I have now for some time been a 
party, by the little purchase I made from the late Rochallie, I thought 
that any hints from me to your Lordship would readily be disrqgarded, 
besides that I might have been blamed by others for so doing without 
their concurrence and approbation ; but as yr. Lordship has mentioned 
the affair to me, If you'll either let me know something more of your 
mind on the subject, or will authorize any gentleman (who is not 
letigiously inclined) to meett with me, and have a conference together on 
my going down to Scotland in May, it shall not be my fault if thofe is 
not a plan laid down which may be the means of bringing about a finall 
agreement ; and in any event, supposing it should not succeed, your 
Lordship may depend upon it that there shall not a syllable of what 
ye write, or that gentleman may say to me, be made the least mite to 
your prejudice, so that there is a probability of it turning to good and an 
absolute certainty that it can do no hann. 

" I have heard nothing for some time of what is doing in the affair, 
and as the Session is now over, I shall say nothing to Invercauld on the 
subject till I hear ^ain from yr. Lordship, which I hope will be at your 
first conveniency. I comonly sett out from home about the first of May 
for Scotland, but I doubt yr. Lordship seldom leaves London so early, 
otherwise I should have been glad of seeing you at my little habitation 
here, meantime I have the honour to be &c 

Durham 

March the 17th 
1777/' 

His Lordship replies : — 

" Dear Sir, Whitehall, March 22nd, 1777. 

I did not know that you was a proprietor of lands entitled 
to Servitude when I wrote to you ; however, it could have made no 
alteration in my letter, I have too good an opinion of your Principles to 
imagine that any interest you have in that matter would have had any 
eflfect on your friendly interposition. The last memorial on the claim 
about die Servitude was so stuffed with absurdities and falsehoods that 
it disabrd me from oflfering any terms until I should hear some overture. 
In consequence of a conversation with Lord Aboyne, some time s^o, I 
wrote to Mr. Rose, who is now at Edinh. to commune with Mr. Macdonald 
to see if any reasonable accommodation can be made. Should they 
Persist I must defend myself; and in that defence I fear not to show 
where the oppression has been. The long Practice, Books, and R^u- 
lations will show the conduct Notwithstanding the many claims I have 
on Birch Woods and other Restrictions, I have never done any thing but 
given always the Servitude in the usual way, and the ahaes have been 



WOODS AND GRAZINGS: SERVrrUDE& 1 59 

enormous. I should have been very glad to have called on 3^u on my 
way here, but I pass'd Durham when it was very late. You will have 
left it before I go down. 

'' I am always with great Regards, 
Dear Sir, 
Your most obedient 

humble Servant 
Fife." 

It is perhaps necessary to explain that Francis Farquharson, the 
^ Baron Ban/' taken prisoner at Cuiloden, had regained his liberty and 
returned to Scotland in 1766. He had no claim for servitude on the Mar 
Woods in right of his estate of Monaltrie, which had been forfeited ; but 
he had lately, as he states, purchased the properties of Culsh and Tom- 
belly {which see), and on them he founded his claim. His residence in 
Durham was probably owing to some connection his wife had with that 
city. He had profited much by his long exile of twenty years in 
England ; and on his return to his native country he was much consulted 
by his neighbours in both public and private aflfairs. 

Grordon of Crathienard, " his namesake," was a favourite of Charles, 
Earl of Aboyne, who soon after this date presented him to the Church 
and Parish of Abojoie. 

After the case was entered at law a correspondence, of which some 
copies have been preserved, arose between Francis Farquharson of 
Monaltrie who, it would appear, was generally consulted by the Heritors 
of Mar, and Mr. Rose, who was Commissioner for the Earl of Fife. 

Mr. Farquharson writes : — 

^ Manse of Glenmuick Oct the 31st 1779. 
"Sir, 

^ This forenoon I received yours of the 29th at Blelack, and 
as I was just on setting out to come up here and had a place to call at on 
my way, I was obliged to put off writing till now, and am to send this 
by your bearer to-morrow morning. The contents of yours I own were 
not such as I had reason to expect, but I shall not retaliate by entering 
on the merits of the cause as you'll easily believe we differ greatly in 
opinion as to the foundation of the dispute ; and the reviving thereof is 
not the most proper way to forward an amicable agreement At the 
same time I cannot help observing that it is no proof of the unjustness of 
our claim that several gentlemen have withdrawn their names from legall 



l60 RECORDS OF INVERCAULD. 

pursuits, when it is well known that the first who did so were the original 
cause of such pursuits and yet withdrew in a very ungenteell and un- 
neighbourly manner, and (by what Lord Fife himself told me) I dont 
hesitate to say they did it at the expence of truth, and it is evident they 
were ashamed of what they had done, when they wanted to conceall the 
same from the rest of us even after the bargain was concluded And as 
to the last gentleman who bargained for himselfe, I had a hand in advis- 
ing him to make some concessions when he was not inclined to, which I 
did from a regard to both partys, and that at a time when I thought we 
were all in a fair way of settling all disputes in an amicable and friendly 
manner, as I had reason to think from what passed between Ld. Fife 
and me at Mar Lodge previous to our meeting at Marlee, and what 
passed between Invercauld, you, and me while there, as Ld. Fife had 
often told me that he took little concern in these matters himselfe but left 
them chiefly to his man of business, and that he had given you ample 
powers to settle an agreement, I thought it would have been rather 
officious to trouble his Ldship. much on the subject when last at Mar 
Lodge still expecting to see you there ; and his Ldp. only expatiate a 
little on that and the Beachan, concerning which he had been much 
missinformed by some who I reckon wanted rather to blow the coall than 
wished to see matters ended amicably ; for I could make it appear to 
you, or any impartial person if on the ground, that what his Ldp. is now 
asking for, could not in any d^[ree either be a benefit to his Estate 
(except that of adding more hill to what is already too extensive) or in 
the smallest d^[ree to his pleasure, as it is not only at a great distance 
from but out of sight of his Home, whereas it is much nearer Invercauld 
and in the mouth of his Tennants' pasture, and most of it in sight of his 
Home ; and I don't recollect your having made any mention of it at 
Marlee, though I remember your saying that, on Invercauld's getting off 
the wood of the Ballachbuie for takeing on the burden of all the rest of 
the servitude, yee thought that he should give something to help to 
indemnify Ld. Fife for what he had payed Ld. Aboyne and Mr. Gordon 
(or words to that effect), and altho' I do think the one an equivalent for 
the other, and that the pleasure to each would be reciprocall, I am so far 
a friend to peace and good neighbourhood that, had we mett and there 
had been no other obstacle in the way, no man would have been more 
ready to stretch a point a little in that respect than I have. Altho' I 
might have used some freedom with Invercauld's purse for the sake of 
peace, I neither could nor would with his property, and freely own I wd. 
not part with any there although it were my own, and that for the above 
just reasons. I had it much at heart to have been instrumental in 
bringing about a thorow reconciliation between Ld. Fife and Invercauld, 
which might have been a mutuall satisfaction and advantage to both, and 
should have willingly gone as far as your home for that purpose ; but I 



WOODS AMD aRAZINGS : SERVITUDES. l6l 

can forsee there are bad advisers in the case, and all such will sometime 
or other appear in their own colours. Meantime I b^ you'l present my 
respectfuU Compts. to Ld. Fife, and I am, 

Sir, &c 
"* P.S. I shall be in this country all this week and perhaps some 
days of the next, and if you have any thing to communicate you'l please 
favour me with a line bv the post directed for me to the care of Mr. 
Charles Farquharson in the Schoolhill, Aberdeen." 

Mr. Rose's letters of this date have not been seen. 

" Coppy Letter to Mr. Rose — Novr. the 2d. ///p." 

" D. S. I wish you may not begin to think me officious in my 
Letters, but this is owing to an alteration in my plan since I wrote you 
last My Brother yee know is in a very weak state of health, and he is so 
earnest with me to go by Abd. in my way to D. (Durham) ; and I have 
such a pressing Invitation from a Cousin of mine at the G. (? Grange) 
near M. that I have resolved to comply with their requests, and go that 
way in place of going by B. (Braemar) though it is a round about way to 
M. I expect now to be in Abd. on M. (Monday) first, or at farthest on 
T. the 9th, and I thought proper to give you the trouble of this to acquaint 
you that if you think you and I could put an end to that disagreeable 
dispute between L. F. and Id. de &c., I wd. not hesitate a moment on 
taking a Post Chaise and waiting upon his Ldp., or meeting with you 
anywhere ; for I own I long much to see the time (which I thought lately 
was at no great distance) when all of us should be on such a friendly 
footing as not only to enjoy one another's company with freedom, but ble 
able to project and execute schemes (such as Bgs. and Rds. &c.) (Bridges 
and Roads) for our mutuall pleasure and the good of the Country. And 
if his Ldp. be equally willing for a friendly acomodation, I can satisfie 
you at meeting that what his Ldp. is asking for is not at all of such 
consequence to him as he is made to believe ; and I shall be willing to go 
as far in an other respect as I well can. And if I am induced to take a 
Jaunt to your Country, perhaps I may pick up some cash or subscriptions 
for the B. of D. (Bridge of Dee at Ballater) which has been my H. h. 
(Hobby horse) for some years, and I shall not be able to ride him much 
longer unless I can feed him better. If yee think it proper yee may 
comunicate this to his Ldp. and let me know the result by the Post ; and 
at the same time give my most respec^tfull Compts. to him ; and if you 
think it unnecessary, it shall be the last effort I shall make. Meantime I 
beg to be kindly remembered to Mrs. R. and am &c." 

The ** Baron Ban " did live to see the success of his efforts to build a 
bridge over the Dee at Ballater. It was opened for traffic in 1783, but 
had a short existence, having been swept away by a great flood in 1799 ; 
X 



l62 RECORDS OF INVERCAULD. 

and its successor, built by Telford in 1805, was not mudi longer lived, 
having perished in the memorable spate of 4th August, 1829. 

Correspondence of a somewhat strained character continued between 
the opposing parties throughout the year 178a In the following summer 
wood was demanded by the heritors (the pursuers in the case) from the 
Mar Forest of the Earl of Fife. Francis Farquharson of Monaltrie, for 
himself and other heritors, had been in communication with Wm. 
Macdonald, W.S., Esq. of St Martins and Rineton, Agent for the 
Pursuers, as to the line of conduct they should pursue. Mr. Macdonald 
writes as follows, addressing his letter to " Francis Farquharson Esq. of 
Monaltrie — ^to be sent express from Marlee " (Kinloch) : — 

u jj^^ 5j^ ** St Martins 9th June 1781. 

In consequence of yout last letter I wrote to Ednr. for a 
Notariall or certified copy of the Interloqr. which I now send you, and as 
Bruxie came here this morning I return you Inverey's copy also. Upon 
conversing with Bruxie and reading the notes he took, I am of opinion 
that if the timber is allowed this season as usuall near the saw miln it 
ought to be taken without any Noise, but if an alteration, such as you 
mentioned in your first letter, is insisted upon, then follow the plan of the 
Interloqr. and take it in the young Firrs. 

" In order that we may be uniform in our conduct, I have troubled 
you with the enclosed for Charles Catanach (forester for Invercauld), and 
in case you find it necessary to go to the Ballachbuie, send for Cattanach, 
deliver the enclosed, and let him take any servitude there also. 

** Your demand should be soon made, as you see the wood must be 
cut in June. Mrs. Macdonald is getting better, and joins me in compts., 
and believe me always. Dear Sir, 

Yours sincerely 

Wm. Macdonald." 

About this time in an undated letter from Prince's Street to Inver- 
cauld on family matters, Mr. Macdonald observes : — *" I don't think Fife 
will come into terms till we have a little Trimming at him this winter, for 
he is as averse to spend a shilling at Law as any living " ; so the prospect 
of a settlement was then not bright 

From Mr. Rose to Francis Farquharson Esq. 

„ gir " DuflThouse 24 July 1781. 

I am to make an appologie to you for not leaving you a copie 
of my protest of the 17th, but I think you will foregive when you know 



WOODS AND GRAZINGS : SERVITUDES. 163 

that an interievw thraw (sic) away an hour and a half, and the gentlemen 
employed at Crathie waited me, and were taken up till late that day ; 
that next day I was obliged to sett out for Banffshire, so from thence it 
truly was not in my power ; however the short delay can I hope answer 
no inconveniency, for the Instrument will be known at Edinr., and by 
now your agent will be furnished with it In case he should not, I inclose 
a notie to Mr. Nicholson that free of expence you'l get your demmand. 

'' The observation made by you in reading of the protest need not 
alarm you, for I assure you there is no earthly foundation (so far as I 
know) for your anxieties. 

'' I was sorry to see you that day so irreconcilable to the easie 
measures and to refuse your servitude when offered, and where use and 
wont established upon giving up the timber all in Ballachbuie free of any 
further trouble. 

** Mrs. Rose returns her best respects. — I am, with 
much esteem, Sir, Your most obedient and 

humble servant 
Willm. J. Rose. 

" P.S. Its a pity you do not make up breaches amicably, for in legall 
discussions many questions will occur, and trouble and expences must 
ensue, which I always believed was not your disposition to promote." 

The position of the case at this time was this : The heritors (vassals 
of Mar) claimed a servitude of fir-wood over all the fir timber that had 
belonged to the ancient Earldom. The Earl of Fife, who had come in 
place of the old Earls, disputed that servitude to the extent claimed. In 
the Charters of 1632-4, the Earl of Mar had reserved the whole of the 
natural-grown firs to himself, whether on his own personal property or 
that of his vassals, with one exception, namely : — ^that Invercauld should 
have exclusive right, free of all servitude, to all woods, natural-grown and 
other, between the Garrawalt and Craigkynoch. The rest of the fir-wood 
in the Ballachbuie belonged to the holder of the rights of the Earldom, 
in this case the Earl of Fife. In order to free his other woods from the 
servitude on them, he now proposes to surrender all right to the Ballach- 
buie timber, and give it up entirely to his vassals on condition that they 
surrendered their claim of Servitude on his other woods. This they 
refused to do, and so the case was about to be brought into the law Courts. 

Mr. Rose to Francis Farquharson, Esq. of Monaltrie : — 

^ Mr. Rose presents his compts. to Mr. Farquharson of Monaltrie. 
" In case he has not got a copie of the Protest against him, Mr. Rose 



l64 RECORDS OF INVERCAULD. 

sends the princtpall, hopinf; that Monaltry, after causing copie it, wfll 
return it by James Robertson. 

** Monaltrie will please collect his papers of Cults and Rynolnaich, 
and other lands which hold of Lord Fife, particularly that of Rynloan and 
Stranlea.1 

^'Duffhouse, Wednesday. 
1st Augt" 

A summons, at the instance of the Earl of Fife, was accordingly 
issued against ''Francis Farquharson of Monaltry and Mr. Alexander 
Farquharson of Haughton, Accomptant in Edinburgh," calling upon them 
to produce before the Lords of the Court of Siession all the charters, writs, 
&C., they held over the lands of ^ Cults, comprehending the Towns and 
lands of Dalnabo, the lands of Tynabroich and pendicles called Stranlea, 
Toirb^^ of Altuzealzean with the Mill of Cults, all l)ring in the Parish of 
Glengaim and Earldom of Mar," with the view of reducing them and 
rendering them null and void if not found in legal form ; and, if in such 
form, of ascertaining what rights and privileges belonged to them over 
the grazings and woods of the superior. 

Copy of letter, F. Farquharson of Monaltrie to the Earl of Fife : — 

** My Lord. Manse of Glenmuick 

August 1781. 

^ Some misunderstanding having ensued this summer respecting the 
servitude wood which I, as tenant of a part of Monaltry^ and the tenants 
upon Gardenside belonging to my propoty claim upon your Ldp's Woods 
01 Marr, that induced me and them to go to your Ldp's Woods of 
Ballachbuie, and at our own hands to take timber therefrom to answer 
our purposes, because we were refused the servitude from the woods in 
Braemar wherefrom we have been in use and wont formerly tp be 
supplied; and as our state of proceedure has been constrained, and given 
offence to your Ldp. and induced an application to the Court of Session 
for an Interdict, which is obtained stoping the wood so cut out of Ballach- 
buie. Therefore, in order to avoid l^all discussions, prevent expence, 
and pave amicable measures, I ask the favour of your Ldp. that the said 
Interdict be withdrawn, and that the poor people be allowed to carry 
home the timber so cutt, and I do agree not only that no handle or 

1 TbcK woe Uie luds Monaltrie had lately pmdiaied, and fonned no part of the forfeited 
estate 

2 He was at this time tenant, tmt not recognised proprietor, of part of the forfeited estate, 
namely, the Mains of Monaltrie, and as such claimed serritode on the woods of Mar. 



WOODS AND GRAZINGS : SERVITUDES. 165 

precedent shall be made of what is done, but I agpree that the resorting to 
the wood of Ballachbuie this season shall not be practised in future unless 
it be found competent by the Judgment of the Court of Session in the 
present or after Declarator. 

'' I hope this proposition will be deemed reasonable, and I shall be 
happy it meets with your Ldp's approbation. I have the honour to be, 

My Lord, 

Your Ldp's most obedient and 
humble servL" 

Mr. Rose, to whom the original was sent for presentation to the Earl, 
thus replies : — 

" Sir, DuflThouse 6 August 1781. 

In answer to your letter, which I have just received, I send 
you a copie of such my letter as suggests to me shoud be wrote my Lord 
Fife, who will* be at Marlodge on Monday, and to which place you will 
please write his Lordship, and get his own answer. 

" It will give me great pleasure to know that this proposition be 
realised, and a mean in the interim to bring about amicable measures, and 
thereby prevent trouble and expence which otherwise must be the 
consequence. 

** Mrs. Rose returns her best respects to yoa 

" I have the honor to be. 
Sir, 

Your most obedient and most 
humbl. Servant 
WiUm. J. Rose. 
Frana Farqm Esq." 

The result of Mr. Farquharson's proposal or request was more 
favourable than he had any good hopes to expect, as appears from a 
*• Coppy Letter, Mr. Mitchelson to Mr. Macdonald." — 

" Camibbers Close 17th August 1781. 
« Dear Sir 

Altho I can neither approve of your Factor's precipitate 
manner (Monaltrie was the Factor referred to) of cutting down Lord 
Fife's wood for his servitude timber, nor the style of the answers to the 
Bill of Suspension and interdict, yet I have got authority fipm Lord Fife 
to allow your tenants to carry home the wood already cutt so as they may 
get their houses repaired before winter, which Indulgence shall not hurt 
the right of either party ; and I hope you will give directions that the 



l66 RECORDS OF INVERCAULD. 

wcxxl be properly apply'd for the purposes of the servitude. I have got 
no authority as yet to allow Monaltrie to carry away his.' 

I am, Dear Sir, 

Your most obedient servant 
Jo. Mitchelson." 

Monaltrie next addresses two long letters to his cousin of Inver- 
cauld : — 

''Manse (of Glenmuick), Septr. the 3d 1781. 

" Dear Sir, 

I have endeavoured to write the Inclosed in such a way as 
yee may show it to Mr. Macdonald, but how far the contents will prove 
satisfactory is more than I can tell ; for I have diffidence in every 
proposal which comes from a certain quarter, and yet we must try what 
has probability of success. 

" I think, when you meett with Mr. Macdonald you need say nothing 
to him about the method which should be taken in the division of the 
wood, in case of a bargain being made with Lord Fife (that is, whether it 
should be divided according to the va/uation or not) unless it come of 
him to speak of it himself, and to object to that method, which I hope he 
will not, as the expence of the law plea, and all public burdens are payd. 
according to the Valuation ; and as to your lands of Richarkrie I think 
they ought to be reckoned of equall valuation with the other half davoch 
of Inverenzie and be entitled to wood in proportion. And I hardly see 
any other method that could be taken ; for it would not be easy to come 
at all the Reall Rents ; and allowing that we could, the lands of Monaltrie 
would come in for too small a share according to their value, as there is 
no land in the Countrie so cheap rentalled. And although I think the 
above method (by the valuation) the most proper, and that I should be a 
loser by any other, yett it shall not Imperl any settlement if it be found 
necessary ; but that may be settled afterwards amongst ourselves, or 
determined by the opinion of such as Haughton ; for at present I wish we 
could bargain with Lord Fife, that being of most consequence, and 
without which we should not have the other to settle. 

" I happened inadvertently to mention in the end of the Inclosed 
that I was going to-morrow to the Burriall of John Farq'rson's wife (Mr. 
Macdonald's sister),^ but perhaps altho he should see the rest of the Letter 

1 Monaltrie's personal daim, as already stated, was founded on his being a tenant on part of his 
former, now forfeited, property. It would seem that the Earl of Fifie was slow to admit its 
validity ; or, it may have been, that he did not consider Monaltrie to be in the position of " the 
poor people " for whom he had pleaded. 

2 John Farqaharson was tacksman of Tulliehermack, a £um near Tarland. Another sister 
of Rineton's was married to James Robertson of Ballaterich, in whose house Mrs. Byron with her 
son, afterwards the celebrated Lord Byron, lodged during the summer achool-hdiidays of I796» 
1797 and ponibly 1798. 



WOODS AND GRAZINGS : SERVITUDES. 167 

as concerns the servitude, he may not read to the end of it, and even if he 
did, it does not signify. 

" The sooner I hear from you the better ; and perhaps by the time 
you write me yee may have some guess when you'l be at Mariee ; and if 
there be a meeting it may possibly be contrived to time it while yee are 
in that part of the Countrie, unless yee think that Mr. Macdonald could 
come over to Deeside It is almost dark and I am tired writing, but as 
1 shall not leave till to-morrow morning I shall only wrt at present that 
I ever am 

Dear Sir, yours 
F. F. 

" P.S. I think you had better bum this cover in case it fall by hand. 

" It is now Tuesday morning, and the bad weather has returned, for 
it comes apace, so that I cannot go to the Buriall. I had a letter last 
night from James Robertson, the Mason, who has been detained from 
comeing up by the bad weather, but is now to be here in a few days, and 
is to follow your advice and mine, and cart some of the stones as well as 
quarrying them ; but as I have waited him and the Meeting about the 
Fox-scheem, I intend setting out to-morrow for Mr. Johnson's and, if the 
weather will permit, returning again against Monday first." 

The enclosed letter to which the above has reference is as follows : — 

" Manse of Glenmuick, Sepr. the 3d, 1781. 

« Dear Sir, 

Before you left this countrie I had a good while's conver- 
sation with Abergeldie on the subject of our law plea with Lord Fife 
about the servitude, which was introduced by my having occasion to 
apply (to) him for wood to some of my people in Glengardyne, who 
stood most in need of getting their houses built or repaired before winter. 

^ Amongst other diings we had a pretty free communing concerning 
the agreement made by Lord Aboyne and Mr. Gordon, in which he 
endeavoured to vindicate his own conduct in it which I need not be 
repeating here, he afterwards signified that he would willingly do 'any 
thing in his power to contribute to bring about an agreement amongst 
all of us, but could not take upon him to interfier without being desired 
so to do by some or other of those concerned, and at the same time 
professed the greatest Inclination to be of service to and oblige you and 
me ; upon which I told him that it would certainly be doing a favour to 
both sides of the question if he could be instrumentall in bringing that 
affair to a conclusion ; and in that event anything concerning' the good of 
the country in generall would readily be carri^i on with tetter success 
and more unanimity than at present 

*' I then gave him a sketch of what footing the affair had near been 



l68 RECORDS OF INVERCAUU). 

settled near two years agoe and the manner of Lord Fife's breaking 9ff, 
and the treatment I mett with from that quarter, which I did not foiget, 
but was still equally willing for amicable measures. I told him that I 
thought it better to say nothing to you on the subject till such time as 
he should get a proper opportunity of sounding Lord Fife and of know- 
ing how far he was disposed to settle properly ; for that, if he was still to 
make any such unreasonable proposalls as that of his getting off any 
part of the Forest of Caich, it would be quite unnecessary to say a word 
more on the subject; but if he found him disposed to treat on reasonable 
terms, I should then apply to you and Mr. Macdonald, and do all that I 
could to get things brought to a conclusion to the satisfaction of all 
concerned, notwithstanding of what happened formerly, and that I would 
take the liberty to authorize him to do as above, the consequence of 
which was that lately Abergeldie dined one day at Mar Lodge with 
Skene, and when he took Lord Fife out to another Room before dinner 
and began the conversation by applying (to) him for the Bridge of Dee 
(the first bridge at Ballater) and then brought in the affair of the Plea 
about the servitude in generall by r^^ating that such disputes should 
subsist so long between such neighbours &c. Upon which Lord Fife 
expatiated as usuall on his being always inclined for peace and amicable 
measures, and how much he wished to be on a good footing with all his 
neighbours, particularly with you, but that somehow his Intentions had 
been frequently misunderstood ; and when Abergeldie told him that he 
understood that the whole affair had been near settled sometime agoe, he 
said it was true ; only as part of his wood was on your ground in Caich, 
to prevent future disputes, he had proposed the drawing a line from the 
top of the hill by the head of the wood, and you to give off that piece ; but 
after a deal of discourse of that kind, and observing of what little con- 
sequence the expense of law plea was to him, and the great consequence 
that a settlement would be of to us, yett he was very willing to come 
into any reasonable measures ; but as there had been so many mistakes 
(as he called them) he proposed that you and others concerned should 
put their proposals in writing and that he should give an answer to the 
same in writing also, and, in case of not agreeing, that it should not be 
made any use of in the Process to the disadvantage of either party ; but 
if matters were like to be settled, he offered to let Abergeldie be the per- 
son who should meett on his part ; but Abergeldie declined acting in 
that capacity singly^ upon which his Lordship sayd he would, if necessary, 
send for Mr. Rose to act along with him ; at the same time his Lordship 
seemed highly offended at my late conduct, particularly at my so much 
as suspecting that he was capable of taking advants^ of my situation ; 
for that he only meant to object to my now being forfeit, and not being 
able to show a good Teittle to some of the Lands, and that he was deter- 
mined to cause his man of business proceed directly in the affair, which 



WOODS AND GRAZINGS : SERVITUDES. 169 

gives me but little concern when compared to the principall dispute, and 
I reckon at present he is a little picqued at my not writing him asking 
the wood to the Tenants €is a favour,^ 

•* Upon the whole I think there can be no harm in trying the above 
method, and after yee have had an opportunity of meeting and consulting 
with Mr. Mcdonald, if you and he approve of it, yee can either write to 
me and Inclose a memoriall containing the terms yee would be willing to 
agree to, which I can give to Abei^eldie and Injoine him not to leave it 
with Lord Fife, or so much as give him a coppy of it, unless he finds that 
he is like to come into reasonable terms, or yee may write an ostensible 
letter to geldie (sic), and let me know the contents of it that I may tell 
him that I approve ofthem^ for whatever you and Mr. Macdonald propose 
I shall agree to. 

" I shall now take the liberty to mention the Terms that I think we 
may willingly accept of. Altho' I am sensible that the wood of Ballach- 
buie is of no great value, and that it has sustained more damage by sale 
&c. than to the full value of what sum of money Mr. Rose would probably 
have accepted of two years agoe. Yet I wish we had sd. wood (bad as it 
is) in lieu of our servitude and the taking off all kind of pretended 
restrictions of planting &c. ; and between ourselves I would give my vote, 
if better could not be, to give a small piece of money by way of throwing 
a bone in the D . . .'s teeth in order to have done with him ; and if the 
affair is settled on that footing, in my opinion (as I know yee dislike that 
of the taking the burden of any of our servitudes upon you) the most 
proper method would be, for each of us to get a part of the wood at 
Ballachbuie, that is from the Easter Garrawalt Bum to the march with 
Ballmorall at the Bum of Rynarait in proportion to our respective claims, 
and to be entitled to all the firwoods growing and to grow within the 
bounds to be marked off for each of us and that for the space of — years 
(suppose 40 or 50) against which time it would be our own faults if our 
successors had not firr wood enough and to spare, for the use of them- 
selves. And as to what wood is in the Beachan on your side of the 
march, L. F. might either get leave to keep it, or he might sell it to you 

X What bid fanrt Monaltrie's feelings was that he had conceived Lord Fife, in some of hia 
obKrrations, had made reference to Monaltrie's having been a rebel and forfeited his Estate and 
with it had forfeited also his daim on the servitude accruing to that Estate. This would have 
been both ungjeneroos and unjust on his Lordship's part ; and he takes the earliest opportunity of 
indignantly repudiating that anything he had said had the slightest reference to that part of 
Monaltrie's past history ; and that all he meant to imply was that it was Invercauld, as having 
acquired the proprietary rights of Monaltrie, and not his cousin, Fiands Farquharson, who had 
forfeited them, that ought to advance the claims of the Estate for servitude on the firwoods of the 
Earldom. This was no doubt legally true ; but Monaltrie (the Baron Ban) had never claimed on 
the forfeited (annexed) Estate, but only on the Estates of CulU, Tombelly and Dalbagie which he 
had purchased since he had received his pardon in 1766. 

V 



I/O RECORDS OF imTBRCAULD. 

as yee could agreei or as it could be valued at fay people of skill I wish 
yee may not tiiink I am taking too much upon me as to authorizing 
Abergeldie to sound L. F., or in giveing the comission ; for I have had 
such bad success hitherto in this affair that I am very diffident of my 
own Judgement and how to act properly, but if things come to such a 
bearing that there be a meeting about it, I know yee will not only wish 
(as I do also) but it will be absolutely necessary to have Mr. Macdonald 
present ; and therefore I think both on your account and on his that 
Coupar would be the proper place. I make no doubt but the Trustees 
would SLgret to any terms that (if) you and I and Mr. Macdonald would 
suggest it, and so would John Farqrson, Micras, and Francis Symon, and 
the rest are but of little consequence, for part of Easter Micras belongs 
to a minor which needs be nothing to a compleat bargain, if other things 
answer. I should have wrote you some days ^oe but was diferring in 
hopes of our having a meeting to-morrow about the Fox scheme, and to 
see what might cast up then, as L. Aboyne and Abergeldie were to join 
us to-day at Marr Loage, and to endeavour to bring L. Fife down to the 
meeting ; but L. Abo)me was affi^d that the Water of Dee was not 
passable yesterday for him to get over to Abergeldie, and the meeting is 
put off till Wednesday the I2th Instant, which is a disappointment to me 
as I had laid my plans otherwise, and now I am ty'd down to attend at 
Crathie that day, out there is no help, we must yield to these great folka 
I go now to-morrow to the Buriall of John Farquharson's wife in TuUie- 
hermick, which I could not have done had our meeting held, and after 
that, I believe I shall go down to my nephew to see Mr. and Mrs. Johnson. 
I beg you'l give my best Compts. to Lady Mcintosh, and the young 
Ladies, and telieve me ever to be, Dear Sir, yours most affectly. while 

Fran. Farqrsort 

" This goes under L. Mcintosh's cover 
I have none for you. 

" P.S. Yee got over the hills in good time for we have had very bad 
weather (I may say) ever since till yesterday which has not only retarded 
the harvest and other works, but I am affraid has hurt the corns a good 
deall, and we had some shake with a high wind on Thursday night, but 
as I do not like to be the messenger of bad news I shall not enlai^ on 
so disagreeable a subject, and now the weather promises well" 

The letter is addressed — ^**To James Farquharson of Invercauld 
Esquire, Leith," where he had his winter residence, and where several of 
his children died and are buried, as also his sister. Lady Mcintosh, the 
heroine of the '45. See Genealogy. Mr. Farquharson was at this time a 
widower, his wife, Lady Sinclair, daughter of Lord George Murray, having 
died in 1779. 



WOODS AND GRAZINGS : SERVITUDES. 171 

The contract with the mason, Robertson, was for the building of the 
present House of Monaltrie at the foot of Craigendaroch, which was 
completed in the following year, 1782. Till then, during the time passed 
in Scotland (his winter residence was in Durham) he lived in hired 
apartments, most frequently in the Manse of Glenmuick with his friend, 
the Rev. William McKenzie, a son of the Laird of Park, and occasionally 
with his nephew, Mr. Johnston (or, as he spells it, Johnson) of Caskieben, 
a collateral descendant of Dr. Arthur Johnston, the celebrated scholar and 
Latin poet 

The Situation^ to which reference is made in the letter, was that of 
having forfeited his property in consequence of the part he took in the 
affair of the '45. The " Baron Ban " would naturally be very sensitive on 
this subject (See Footnote p. i6p.) 

The VaiuoHon referred to is probably that of 1696 ; but there are 
three papers (undated), but evidently drawn up with reference to this case, 
containing a valuation of the woods in question : — 

"Value of Wood - - £70^ 7 o 
Deduct value of Caich - 60 o o 



Nett value of Wood £64,% 7 o 



Total free rent - £6ii 2 6 
Less value of Wood 648 7 o 



Difference £^2 15 6. 

If Invercauld was to allow £1 for each pound of Rent, but of this difference 
Invercauld reserves about £17 for his own lands, so that by throwing 
away the fractions he would only lose about £1^ or /'15, and save all 
calculations The amount of the whole feu dutys is supposed to be about 
£2^ On this supposition a guess was made to Invercauld's feu dutys for 
Castletown, Richarkeny, Crathie &c &c and to Rinloan feu duty." 

The above seems to have been an estimate by a skilled person to 
enable Invercauld to make a fair offer to Lord Fife. The woods referred 
to are those between the Easter Garrawalt and the march with Balmoral. 

Mr. Macdonald, to whom Monaltrie's letter of 3d Sepr. had been 
submitted, thus writes to James Farquharson of Invercauld : — 



!72 RECORDS OF INVERCAULD. 

^'St Martins 3d Oct 1781. 

"Dear Sir, 

I heard very s^^reeable tidings of you by Coll. Murray who 
was here Monday last, and I attended him at the County meeting 
yesterday. 

** I diank you for the fine quarter of venison, and am much obliged 
to Benzie for his usuall attention. 

^ As to the subscription and termination of all disputes with Lord 
Fife, it is certainly a very prudent measure, and you may depend upon 
every aid in my power ; nor am I in the least afraid of your taking bad 
or improper grounds. 

'* I am glad that you have found Abergeldie and Mr. Rose disposed 
to friendly measures. His Lordship might have found us fully as 
troublesome, had he pushed matters to extreemity, as even the greatest 
men he ever engaged with in the Low country, but if s far better to end 
quietly, and come oflT with a handsome retreat I do hope that Aber- 
geldie may gain credit to himself by an honourable conduct in the 
determining these controversys. I am by no means impatient to learn 
the particulars of the Treaty, as I am not half so diffident of your 
abilitys to transact the matter as you seem to be yourself 

^I go this day to Taymouth on business, and to the Carse of Gowrie 
ffriday. Next week, by order of the Lord Advocate, I must be in 
Edinr. to attend a proof he has ordered in a question of Property referred 
to his decision. 

^ Mrs. Macdonald joins me in dutifuU compts. and best wishes, and 
I ever am, 

Dear Sir, 

most sincerely yours 
W. Macdonald." 

" The agreeable tidings " to which Mr. Macdonald refers were prob- 
ably the agreement come to between the Earl of Fife and Invercauld td 
submit the disputes as to the servitudes to the arbitration of Charles 
Gordon Esqr. of Abergeldie. The following scroll, or copy, of a letter 
from Mr. Farquharson to Mr. Macdonald has been preserved and shows 
the position of parties when the agreement was signed : — 

" Invercauld the first Octr. 1781. 
" I received the satisfaction of yours of the 22d ultimate by our 
friend, Bruxie, who has gone down the country and is to forward your 
letters. On my arrival here I had no hopes of a compromise with Lord 
Fife ; and found afterwards, from various circumstances, we were all 
like to be more and more involved with his Lordship in different 



WOODS AND GRAZINGS: SERVITUDES. 173 

Processes. In short an accidental opportunity offered on Thursday last, 
of a conversation with Mr. Rose at the time of his serving me with an 
Instrument of interruption (interdict) containing a variety of new matter. 
In an after conversation he had with my Factor it appeared that some 
more condescending light was thrown on our disputes than I had expec- 
tation of. Since then all was brought to a crisis that could admit of no 
delay. I therefore determined to act for the best to forward our united 
interests, as far as lay in my power. So Lord Fife and I have this day, 
after settling what I think the principall points, signed a submission to 
Abei^ldie. 

~ I have not time at present to enter on particulars, but you shall 
soon have them. 

^ I am far from having the vanity to think my capacity equal to such 
a tasque (task), or conduct in it unexceptionable ; but the necessity I was 
under entitles me to expect great allowances from even you ; and I hope 
with your good assistance to have everything tolerably well settled. 
MonaJtrie (see the reference to the ^situation'*) who was inflamed by 
some late conduct of party's was luckely out of the country.'' (Here the 
scroll abruptly breaks off.) 

No description could more faithfully pourtray the conciliatory 
character of James Farquharson of Invercauld than he himself does 
unintentionally in the above quoted scroll letter. The disputed matter 
might have gone on for years through agents, but when the principals 
(Lord Fife and Invercauld) — two sensible men — met by themselves, 
preliminaries were very soon arranged 

And this was the beginning of the end of the " Thirty 
Year's War," as it was often afterwards facetiously termed. 

" The Instrument of Interruption " referred to is a long document, 
which may be omitted, as it took no effect It was to prevent Invercauld 
cultivating or planting any land in the Ballochbuie or the forest of Caich. 

The whole matter now enters upon a yew stage. 



SUBMISSION TO ARBITRATION. 

First, there have to be submitted to Charles Gordon, Esqr. of Aber- 
geldie, the arbitrator selected by both parties, the matters on which he is 
to arbitrate. The principal points had been settled by the Earl of Fife 



174 RECORDS OF INVERCAUUX 

and Mr. Farquharson of Invercauld» but many details had to be looked 
after by their agents. 

Heads of submission were drawn up, and after consultation the 
following submission was agreed to : — 

^ The Right Honourable James, Earl of Fife, of the one part, and 
James Farquharson, Esq. of Invercauld, of the other part, Considerii^ 
that sundry articles by way of Overtures are, of the twenty ninth day ^ 
September last, entensd into between William Rose, as Commissioner 
and for and on account of the said Earl, and the said James Farquharson 
Esquire, in the presence of Charles Gordon Esquire of Abergeldie, 
Whereby the said Earl and James Farquharson Esquire agreed that I, the 
said Earl of Fife should convey to the said James Farquharson the woods 
of the Ballochbuie on his property and all claims thereto, to convey also 
the woods of Glenfarder, and renounce the reservation upon Invercanld's 
grounds ; That Invercauld is to convey, and renounce in favour of the 
said Earl all his servitudes for his L^ds under whatever luune and 
denomination the same may be, and to obtain renunciation from all other 
heritors concerned in servitude of any kind, so as the said Earl's woods 
are to be totally disburdened. That Invercauld is to have right to the 
said Earl his reservation of Woods, growing and to grow on the other 
gentlemen's grounds, except Alexander Farquharson of Inverey and 
those already agreed with : That Invercauld is not only to dispone the 
foresaid servitudes, but the parties are to agree that the said Charles 
Gordon of Abergeldie shall nx the Line of March in the Glen of Caicfa, 
his Lordship being always entitled to the property of the grounds upon 
which his woods or any woods presently are grown, or do grow ; That 
all processes pending between the parties are to be discharged, and the 
agreement to take effect at Whitsunday next, and particularly -there is to 
be discharged the Interdict depending against Francis Farquharson of 
Monaltrie, but not any claim competent against Monaltrie for his lands 
in non-entry ; That the said Earl, thus conveying the Woods of Ballach- 
buy and Glenfarder giving up his reservation on Invercauld's grounds, 
purchasing of other servitudes, and renouncing in his favours the reser- 
vation of the other gentlemen's properties, his Lordship gives up too 
much ; But by the said overtures, It is agreed that the value of these 
differences, and all claims anent the premises are to be submitted to the 
said Charles Gordon of Abergeldie, as Arbiter, mutually chosen, who is 
thereby to have power to determine thereon, and to give what in point of 
value as accommodation may be thought adequate, and whose decision 
all parties are to abide by ; and whereas the said parties, judging that the 
said overtures are of themselves rational, and seeing it prudent and 



WOODS AND GRAZINGS : SERVITUDES. 175 

neoessaiy, they have intered into the following Covenant and submission : 
That is to say, the said James Earl of Fife and James Farquharson of 
Invercauld do in the first place homoligate and approve of the said 
overtures, and in order to carry the same into proper Execution, they do 
hereby submitt and refer to the amicable decision, sentence and decreet 
arbitral to be pronounced by the said Charles Gordon of Abergeldie all 
and sundrie the claims, demands, compensations and accommodations in 
the premises which the said Earl has or can claim, crave or demand of 
the said James Farquharson of Invercauld in the terms and upon the 
Conditions of the foresaid articles and overtures, or any claim that the 
said James Farquharson may have on the said Earl ; and particularly to 
fix, ascertain and determine the line of property in the Glen called the 
Caich beyond the natural firrs growing on the property of the said James 
Farquharson ; to fix the claims, ascertain the boundaries, and to do in the 
matters hereby submitted what any Arbiter can or may do, and that his 
decision and decreet Arbitral in that matter and anent the values and 
superplus aforesaid shall be and is hereby declared binding on all parties 
to all intents and purposes. And which they promise to hold firm without 
reservation, or again calling, and with power to the said Charles Gordon 
of Abergeldie Esqr. to call for the Claims, defences, and answers of both 
parties, and to apply, If necessary, to the ordinary Judges for compul* 
situred production of writes and evidents, and so to do therein, and in the 
matters hereby submitted to him as fully and freely in all respects as we 
would do ourselves, and thereafter to pronounce and determine his final 
sentence and decreet Arbitral in the premises, and to prorogate these 
presents as he shall see proper, Consenting to the R^istration hereof in 
the Books of Council and Session or others competent, and of the decreet 
arbitral to follow hereon, therein to remain for preservation, and, If need 
bcis, that all execution needful may pass and be used hereon in form as 
eflfiers, and to that Effect constitute. 

Our procurators &c., In Witness whereof we have 
subscribed these presents Written on this and the two preceding pages of 
Stamped paper by the said William Rose at Mar-Lodge the first day of 
October One Thousand Seven Hundred and Eighty One years, before 
these Witnesses Colonell Sir James Duff of the first Regiment of Foot 
Guards, and the said William Rose, Witnesses also to the mai^inal note 
wrote on the first page by him." 

Charles Gordon of Abergeldie, to whom was entrusted the 
responsible function of arbitrating in the above long-standing disputes, 
was the grandson of the Charles who acted a similar part in the Corrie- 
vouie case in 1705. Like his grandfather, he was an able man, of a 



176 RECORDS OF INVERCAULD. 

conciliatory disposition, and of high repute for his legal knowledge and 
impartial character.' 

The arbiter took every available means to inform himself sufficiently 
of the merits of the case. He applied for and obtained certified copies 
of the several interlocutors of the judges of the Court of Session ; he 
summoned before him witnesses on both sides of the questions at issue ; 
and he employed several men of skill (experts) to value the woods liable 
to servitude. The following are examples of the returns he received on 
this last point : — 

•* Total value of Woods subject to Servitude £708 7 o stg." 
Total value, exclusive of Caich „ 68126" 

"Valuation of praisings of Firwood, 13th Octr. 1781 by John Gall, 
Milne of Chosh, Alexr. Calder in Inchmamoch, and William Ewan, there, 
and Tomas Michie in Garromady, amounts to jf 702 7 — for 1 10 praisings 
of firwood in ballachbouy, also six pound Sterling for Glenfarder." 

The following opinion of counsel, supplied to Mr. Farquharson, will 
show the position of the negotiations for settlement at the time the 
submission to Abeiigeldie was under consideration : — 

"Memorial ffor Invercauld's Private use in 

the event of communings for settling amicably 

the affair of the servitude with Lord Fife : 

" From Monaltry's letter, which I have considered, there seems to be 

some appearance of another conferrence with Lord Fife and his managers 

I Of Uie three genaatioDS of iht Lairdi of Abeigeldie who took part in these contentioos 
regarding servitudes, it may be of interest to note the following particulars : As already stated. 
Rachel, the heiress, married Captain Charles Gordon, son of Pteter Gordon of Minmore. His 
mother, Janet, was a daughter of Sir Alexander Gordon of Qunie (Quny). Captain Gordon took 
no active part in the rising of 1715, though he seems to have survived it some time. 

Lsdy Abergeldie was succeeded by her son, Peter, who married, first, Maigaret Strachan, 
and secondly, Elisabeth, daughter of Lord Gray, by whom he had a daughter, married to Hunter 
of Bumside. This laird married, thirdly, Margaret, daughter of Sir George Fonlis of Dunnipace, 
and sister of Sir Archibald Fowlts, who was executed at York in 1746. Peter was succeeded by 
his son, Charles, the Arbiter in the above case, who married the daughter of Hunter of Bumside. 
To him there is the following memorial tablet in the Churchyard of Glenmuick :— *< To the 
memory of Charlis Gorxx>n, Esq. of Abergeldie, who died, March, 1796, and of Alison Hunter, 
his spouse, of the fiunily of Bumside, who died, March, i8oa They lived together nearly half a 
century on this part of Deeside, the best of parents, giving good example in every way, and 
serving to the utmost of their powers all who stood in need." Of this laird it has to be recorded 
that by him the principal alterations and improvements on the mansion of Abergeldie in modem 
times were effected, and a commodious building added to the square tower. He was the nth 
laird of Abergeldie of the name of Gofdom 



WOODS AND GRAZINGS: SERVITUDES. 177 

about the servitude, dio' its doubtful if they will come into Terms which 
Invercauld and his friends may think admissable ; however, its necessary 
to have some plan in view to prevent shifting the grounds necessary to 
betaken. 

" From the conduct of those acting for Lord Fife in the last con- 
ferrence it does not appear prudent at first view that Invercauld shou'd 
give any thing in writing ; for that of writing seems only necessary in the 
event of a finall compromise to bind down partys who might other ways 
be apt to resile. 

'' It was at last conferrence proposed to give the woods of Ballochbuie 
[Le., from easter Garrawalt to the march with Balmoral] to Invercauld as 
the property of the ground is his already, and by this plan he was to be 
burdened with the servitude Claimable by his own Tenants, and the 
severall other Heritors who have a Title to the Servitude over all Lord 
Fife's wood. This was a good bai^ain for Lord Fife, as he relieved 
himself for ever from a very disagreeable Incumberance, by giving away 
a small comer which its believed upon narrow inspection will appear to 
be of much less value than most people imagine, and its doubtful how 
fan* Invercauld might not be a considerable loser by this transaction 
before he cou'd settle with the other parties concerned. 

" Lord Fife seemed to insist for something of equal value in Lieu of 
this wood, forgetting the burden of Servitude altogedier ; and indeed it 
seems that he pressed for a part of Invercauld's property in the Forest of 
Caich which is certainly unadmissable in every point of view, as the 
giving of Property Lands for a perishable Article, such as wood, even 
that free of servitude, has the appearance of imprudence. 

* In the next place, it is threatened that if the Land is not given to 
Lord Fife he must have money from Invercauld ; but if nothing more is 
given by Lord Fife than the wood simply it is difficult to fix upon what 
principle such demand is founded. If Lord Fife will, along with this 
wood, reduce the Feu dutys of the Lands holden by Invercauld himself 
and those other Heritors to a Blanck holding, Invercauld might be 
tempted to throw away some money, even more than the value of those 
Feu dutys, as that would enable him to settle with the other partys 
concerned on easier Terms. 

" It is true that Lord Fife agreed to remove the restriction of planting 
and raising Scotch Firrs on the property of these Gentlemen, but it will 
be remembered that in generall this is truly giving away nothing at all ; 
for unless those proprietors are at the expence of enclosing, and even 
prohibiting sheep for a number of years, no Firrs will ever rise on 
these grounds. 

^ It will be difficult to make the other people concerned give up 
their servitude merely for the privilege of inclosing at the expence of 
raising Firrs unless something is given as an indemnification for such 



178 * RECORDS OF INVERCAULD. 

expenoe — such as the giving up the Feu Dutys, tho even so small, par- 
ticularly (those to) the Board of annexed (forfeited) Estates and perhaps 
others, for the example of die Gordons will be in view, and twenty 
shillings yearly in perpetuity will go farr in building and repairing a 
small inclosure: 

** These hints are thrown out rather in a loose manner, and also in a 
hurry ; but it is highly proper that Invercauld shou'd maturely consider 
the grounds on which he walks in this transaction, as he must have two 
objects in view, that of making a prudent and convenient baigain with 
Lord Fife, and the having it in his power to settle with the other partys, 
as the most insignificant of them might be disagreeable ; and it is with this 
view alone that the purchase of these Feu Dutys wou'd be a desirable 
object for Invercauld in the present situation of matters ; and, before 
concluding, it is necessary to observe that Lord Fife will certainly want 
to have a renunciation of the servitude from all the Heritors at the time 
of the transaction, which of course will bring on the mode of settling 
betwixt Invercauld and them. 

** Having these different points in view, Invercauld will conduct 
himself as prudence directs, tho' he can hardly determine how to act 
with absolute decision until he finds out Lord Fife's UMmaitim." 

Probably acting on the above advice the following heads of agree- 
ment, in scroll, were drawn out for Invercauld : — 

" I. Article : And in place of his own servitude for his Lands in the 
parishes of Braemar, Crathie, and TuUich, and the servitude of the anext 
Estate of Monaltrie, and the other Heritors' and Vassals' lands in said 
parishes (which) have claims on his Lordship's woods, except Lord 
Aboyne, Inverey, and Crathinard, who have formerly agreed with his 
Lordship, which servitude the forsaid woods Desponed to Invercauld is 
only to be burdened with. 

" IL That the Earl of Fife is to renounce to Invercauld the Reser- 
vations of all woods growing or to grow on all his property in the above 
mentioned Parishes, and also to convey in his favours the said Reserva- 
tions which his Lordship has over the anext Estate of Monaltrie, and on 
the other Heritors' and Vassals' grounds in said Parishes, except (those 
of) the Earl of Aboyne, Inverey, and Crathinard, who have already 
bsu^ained with his Lordship. And that Invercauld is to have the said 
Conveyance to himself and the others above mentioned made out in as 
full and compleat a manner in his favours as his Lordship enjoys the 
saime. And the Earl of Fife is also to be Bound to produce to Inver- 
cauld in any processes or disputes that may occur any Charters, or 
Excerpts of them, or any Baron Court Acts that may be found necessary 
or of use for Regulating the Management of the said Servitudes on the 



^ 



WOODS AND GRAZINGS: SERVITUDES. I79 

already mentioned woods, or, of consequence, for enforcing and making 
good the Reservation of Woods growing or to grow, so disponed to him, 
contained and now particularly expressed in the Different Rights of the 
Anexed Estate of Monaltrie and the other properties of tiie Vassals 
within the parishes already mentioned. 

*' III. That Invercauld is to convey in favours of the said Earl the 
servitudes of his whole Lands that have servitude on his Lordship's 
Woods, and Likways to obtain a Renounciation as soon as lies in his 
power from all the other parties concerned in Right of Servitude of any 
kind, excepting those formerly mentioned who have agreed with his 
Lordship; so that the said Earl's remaining woods in Mar are to be 
Totally Disburdened, and Invercauld to be obledged to free and relieve 
the Earl of Fife and his heirs of said servitudes, and to serve those found 
Intitied to servitude out of the woods already mentioned Disponed to 
him by said Earl. 

« IV. (4fli Article) 

"V. (Sth Article) 

" VI. (6th Article) As to Labouring Utenticles, it is presumed, never 
(has) been in practice ; and his Lordship is fully secured on that head by 
Article 3rd.'' 

N^^tiations had been carried on during the whole summer of 1781 
with a view to come to some agreement in regard to these servitudes on 
the Mar fir woods. Much consultation with friends and law agents on 
both sides had taken place. The Earl of Aboyne, Alexander Farquhar- 
son of Inverey, and Thomas Gordon of Crathinard had, each for himself, 
privately arranged with the Earl of Fife for the surrender of their 
privil^es. Invercauld and the other heritors had agreed to submit to 
arbitration the points in dispute between them and the Earl. Matters 
were in this position when Charles Gordon of Abei^ldie, who was 
trusted and consulted by both parties, wrote to Invercauld as follows : — 

"To 

James Farquharson, Esq. of Invercauld. 
"Dr. Sir, 

I have been considering your bargain with my Lord Fife, 
and don't think you can give the Vassals a servitude on the Bdlachbuy &c. 
and at the same time give them up the titie to the fir woods and planted 
firs on their own lands without getting some consideration from them. 
You know you give up part of your own property in Caich, which should 
be valued, and each vassal should pay you a proportional share of such 
value and of any expense you may have been sadled with for consulting 
and writing papers. You act for tiie whole, but ought not to pay for the 



l8o RECORDS OF INVBRCAULD. 

whole. Of this more when I have the pleasure of sedng you ; bat in the 
meantime I thought it proper to give you the hint Peter (his eldest 
son) is to shoot tluough the north hill on Tuesday, and will wait on you 
in the Evening. Mrs. Gordon and he offer you best compts. 

I am, with rod regard. 
Dr. Sir, 
Your most affct humle. Servt, 
" Abergeldie Charles Gordoa 

1st Octr. 1 78 1." 

^ Monaltry has not arrived here as yet — 4 o'clock Afternoon." 

Soon after this Mr. Gordon was chosen as Arbitrator on such 
matters as the principals could not agree upon ; and a submission, much 
in the terms already quoted, was signed by both the Earl of Fife and 
Invercauld, and handed over to him. Before die end of the mondi he 
was prepared with his decisioa He then wrote thus : — 

*^ To James Farguharson Esq. of 
Invercauld 

Edinbuigh. 

" Dear Sir, • 

Mr. Morice (Advocate in Aberdeen) has been two days 
here, and my Decreet Arbitral is scrolled, and will be extended on 
Stamped paper and signed this day ; but as Mr. Charles Faiquharson 
(W.S. ?) is obliged to go home, and tells me he has an opportunity of 
sending my letter to Marlee, I thought proper to let you know. You are 
to get Ballachbuy and Glenfarder burdened with tiie Servitude of the 
other Heritors ; you are also to get a Renunciation of the claim for 
Woods growing and to grow upon all your own Lands, and also the 
claim upon all the other Heritors' Lands for woods growing and to grow 
conveyed to you by Lord Fife. You are to renounce in his Lordship's 
favours the Servitude you have for all your Lands on his Lordship's 
Woods, and to procure Renunciation from the otiier Heritors of their 
Servitude ; you are to Dispone that part of Caich to Ld. Fife as marked 
and caimed off by me ; and you are to pay Fifty pounds Sterling as a 
ballance to Lord Fife. 

" You will perhaps think I have given too much, but I have the 
pleasant reflection of being a means of making and keeping peace, and 
of saving a great deal of money from being thrown away on a Variety of 
different litigations ; and I shall be happy if my Decreet Arbitral pleases 
all parties. I have given it impartially and to the best of my abilitya 

"Mr. Morice will cany the Decreet Arbitral to Aberdeen to be 
Registrate, and will send you an Extract I shall write you fully by him, 
and give him two or three Franks for you to hold the Extract which will 
be pretty Bulky. 



WOODS AND GRAZINGS : SERVITUDES. l8l 

" Mrs. Gordon and Peter join me in offering our best Cocnpts. to you, 
Lady Mcintosh, and all your family. It will give us real pleasure to 
hear you are all well. 

I am most sincerely. 
Dr. Sir, 
Your most afTL & obdt servt 
Abergeldie Charles Gordon. 

23rd Novr. 1781. 

" You are to have time to procure' Renunciation from the other 
Heritors of their Servitude, and in the meantime you are obliged to serve 
them in servitude out of the Ballachbuy and Glenfarder to be conveyed 
and Disponed to you." 

Mr. Gordon follows this up by another letter of same date : — 

" Dear Sir, 

I wrote you this morning by Mr. Farqrson, and now I 
take the opportunity of Mr. Morice, who goes to Aberdeen to-morrow 
morning, to write by him, and to acquaint you that my Decreet Arbitral 
b signed, an Extract whereof youll receive almost with this. 

** I have been as full and particular as possible, and I hope I have 
omitted nothing particular. I found myself hampered by the Submis- 
sion and other circumstances which made me give fifty pounds, which is 
not a great sume amongst all concerned in the Servitudes ; especially as 
they are at liberty to plant, and have a full right to all their woods if they 
chuse to make a reasonable agreement with you, and they have (what no 
Court cou'd have given them) a right to the Natural firs growing and to 
grow on their own Lands, and to AUar (Alder) &c Besides, by looking 
into Extracts of their Charters, produced in the process with my Lord 
Fife, I see it clearly mentioned that they must use their own woods for 
servitude when it can serve and will answer ; and that the Servitude on 
my Lord Fife's woods is mentioned to be when their own woods will not 
answer the purpose. 

** If the gentlemen concerned will not agree to reasonable terms, you 
can give them servitude out of the nearest woods of the Ballachbuy^ and 
take the benefit of the Reservations on their property conveyed to you by 
my Lord Fife ; but I hope you'll settle with all concerned on reasonable 
terms. 

^ You have the Reservation taken of from your own Lands which 
are now totally disburdened, and the pleasant reflection of peace and 
quiet ; and all concerned may enjoy the same, and are freed from a 
variety of processes and an immense expense — I may venture to say, 
equal to the value of the servitude I am happy with the thoughts of 
having been the means of making peace, and if my Decreet is satisfactory 



1 82 RECORDS OF INVERCAULD. 

it will add to my pleasure. Mrs. Grordon and Peter desire to offer their 
best Compts. to you, Lady Mcintosh, and all the Ladys ; please ofler 
mine to them, and believe me to be, Dr. Sir, 

Your most Aflt humble servt 
Abergeldie Charles Gordon* 

23d Novr. 1781." 

Mr. Gordon, after some delay, again wrote to Mr. Farquharson : — 

"Dear Sir, 

I hope before now you have received from Mr. Morice the 
Extract of my Decreet Arbitral, and that it pleases you. As I propose 
being in Aberdeen at the term, I will be glad to know how much I shall 
give Mr. Morice on your account for his trouble and expenses coming 
here: You spoke of ten guineas ; but I am uncertain if you meant that 
from Lord Fife and you ; or if you meant it from yourself. I shall cause 
Mr. Rose pay him for Lord Fife. 

"Mrs. Gordon and Peter join me in best Compts. to you. Lady 
Mcintosh, and all your family. I always am. 

Dr. Sir, 

Yours most affely. 
" Abergeldie Charles Gordon. 

3d. Deer. 1 78 1." 

The letter is addressed : — 

" To James Farquharson Esq. of 
Invercauld 

Edinburgh.'* 

On the following day Mr. Morice writes : — 

" For James Farqrson Esqr. 
Of Invercauld. 
" Sir, Aberdeen 4th Deer. 1781. 

By directions from Mr. Gordon of Abergeldie I send you under 
two covers An Extract of the Submission twixt The Earl of Fife and You, 
and of Abergeldie's Decreet Arbitral thereon. He desired me along 
with the Extract to send you the enclosed letter from him. 
" I hope the whole will come safe to hand, and 

I am very respectfully. 
Sir, 
Your most humble sert 
There are other two Covers D. Morice." 

same address. 

Invercauld then writes to Abeigeldie : — 



WOODS AND GRAZINGS: SERVITUDES. 1 83 

"LeiA 8th Deer. 1781. 
"Dear Sir, 

I was favoured with both your letters of the 23rd ultimate 
which I would have acknowledged sooner, but the last sent by Mr. 
Morice with the Extract of your Decreet Arbitral did not reach me until 
the 6th Instant 

** I have now perused your decision with due attention, and do 
think it very much to the purpose in comprehending the meaning of the 
Submission and fulfilling ^e intention of both parties to promote peace. 
Therefore, please, accept of my hearty thanks for the extraordinary 
trouble you have taken in perambulating woods and forests, and in being 
a means of taking away sdl grounds of dispute betwixt the Earl of Fife 
and me, as well as putting it in my power to do the same by all the 
others now concerned in disputes about woods or servitudes within the 
Lordship of Mar if they choose the adopting of such salutaiy measures. 

** Please, give Mr. Morice Ten guineas for his trouble and expenses 
independent of Lord Fife's payment This I have desired my Factor to 
give you as well as my proportion of payment to the Valuators of the 
Woods, and any other disbursements you have made or expenses you have 
been at in this friendly transaction. 

*^ With my best Compliments to Mrs. Gordon and Captain Peter I 
sincerely am, 

Dear Sir, 

Your affectionate and 

Most humble Servant 
Jas. Farquharson." 

Mr. Grordon replies at some length : — 

" Dear Sir, 

I had the pleasure to receive your letter of the 8th the 
night before I left Abergeldie ; and I am very happy to see that my 
Decreet Arbitral gives you satisfaction. My LonJ Fife is very well 
pleased with it in general, but thinks (by what I learn from others) that 
he has got too little money. He writes me a very polite letter ; and how 
soon he came to town yesterday he sent to (for) me. I waited on his 
Lordship and dined with him. He was very polite and easy as usual, but 
said not a word about the Decreet, nor did I to his Lordship. 

•* I return you many thanks for the Hind you was so good as order 
to be sent to Abergeldy (sic). It was by my orders forwarded here, and 
was good and a great bon bouche (bonne bouch^?) to some of this tovm's 
people, and cost the Doctor (Skene) some Claret 

" I don't know how to behave wt. Mr. Rose, as he positively refused 
the half hogshead of Claret you ordered. I believe it would be best to 
send it from this town, and then he could not refuse it 



l84 I^CORDS OF nVCRCAULa 

'* I have had some conversation with Francis Symon, and corres^ 
pondence with Mr. Charles Farquharson, and hope the affair may be 
brought to a proper issue. He is an unreasonable fooL . 

** I had last day letters from your young friends in North America. 
They were well. Willy, poor fellow, had a fat^[uing post during die seige, 
as he had the Command of the Light Infantry Company ^ the 71st 
Raiment, and was every night on duty without the lines. He is now at 
New York on his parole with his brother, David, and will be soon home.' 

^ I hope the other Heritors are like to come into proper measures. 
It will be fully as much for their advantage as for yours, as you have so 
exteiilsive a claim on their lands. If you'll take the trouble to look at the 
Excerpts of their Charters in the Printed Memorials yotill see their 
Servitude is hampered ; and that they are positively tied down to use 
their own woods as far as they will answer the purpose of what is wanted. 

^ Mrs. Gordon and Peter join me in offering you and all your family 
best Compliments, and wishing you all many happy New Years. 

I always am, 

My Dr. Sir, 

Your most affect and 
" Aberdeen Obedient ServL 

30th Deer. 1781. Charles Grordon. 

" The Doctor and Mrs. Skene^ offer you best Compts." 

Thus peacefully and satisfactorily ended the contention r^arding 
servitudes as between the Earl of Fife and Invercauld 

Although the Earl of Fife had thus got rid of all the servitudes on 
his woods, Invercauld had now to reckon with the other heritors who 
still had claims. In some cases this gave no little trouble, as the follow- 
ing correspondence, very characteristic of the times, sufficiently shows. 

William Macdonald, W.S., Esq. of Rineton, to whom Invercauld had 
submitted the agreement he had made with Lord Fife and the terms of 
the submission to Abergeldie, had, in returning these documents, warned 
his friend of the trouble he might be bringing upon himself and 

I VniliAm and David Gordon were aons of Charles of Abeigeldie. They had been lerving 
under Lord CorawaUia in the American War ; and the siege referred to was that of Yorktown, 
where the army under his Lordship was blockaded by the French fleet under Count de Grasse and 
bqaeiged by the allied army of French and Americans, and compelled to surrender, 19th October, 
1 781. The two brothers were of course prisoner^ but released on parole and soon expected home. 

s The Doctor so often referred to in Mr. Gordon's letters was George Skene, M.D., Professor 
of Natural Philosophy in Marischal College and UniTersity. He was Abeigeldie's son-in-law, 
having married his daughter, Margaret, 26th Oct., 1769. See Rieords of Mar. CoL, p 46. 



WOODS AND GRAZINGS: SERVITUDES. 1 85 

suggested a scheme of adjusting the claims of the diflferent heritors, i.e,y 
according to their valued rentals. Acting on this advice, Invercauld 
endeavoured to persuade them to submit their claims to the arbitration 
of Abei^eldie. The following letters passed between the parties 
interested with a view to attain this object : — 

" James Farquharson Esq. of Invercauld 

To Charles Gordon Esq. of Abergeldie. 
Leith, loth Janry. 1782. 

"Dear Sir, 

I received the satisfaction of yours of the 30th Ultimate. 
Lord Fife was so good as to pay me a visit here on his way to London, 
and warmly expressed his satisfaction in having the means of all 
differences taken away betwixt us. I observed to his Lordship that 
notwithstanding of the distinct decision given with respect to him, I might 
have trouble with others from the burden I had taken upon me. He 
seemed to think there was small risk in this ; but if so, he was ready to 
give me his assistance. 

" This leads me to make mention of Francis Symon, who, I hope, 
will conclude a bargain with you on the terms offered viz. ;f 250 s1^. which 
is more than value as land goes. If he agrees, it is necessary to fix 
securely with one so unsteady before he touch a shilling of money. 

" You may please defer doing anything as to the half hogshead of 
Claret until we meet which I hope will be about Whitsunday. 

" I am glad you have such good accounts from your sons in America. 
Wishing Mrs. Gordon, you, and all your family many happy returns of 
the Season." &c. 

Invercauld again writes Mr. Gordon : — 

" Leith 28th Jany. 1782 

"Dear Sir, 

My Factor will herewith deliver a Submission signed by 
those of us most principally concerned to enable you to give a second and 
final sentence to take away all means of disputes amongst us as to woods. 
Servitudes &c. I hope you will be so good as to continue your friendly 
interposition by pronouncing a Decreet Arbitral thereanent, previous to 
which I request the favour of your aid in procuring subscriptions to the 
Submission by any of the heritors that have not as yet adhered, so as to 
fulfill the laudable intention of complete peace. I shall not enlarge 
further on this subject ; as the bearer, who has been all along extremely 
ready with his good offices, can acquaint you more particularly, 

" With pleasure I heard lately of your Son's Marriage. Pray, present 
my congratulations to him and the young lady on entering into a state, I 
AA 



l86 RECORDS OF INVERCAULD. 

believe, capable of the greatest happiness that this fluctuating world 
affords. With my Kind Compliments to Mrs. Gordon, I am " &c 

In reply to these letters Mr. Gordon writes : — 

"Dear Sir, 

I deferred acknowledging the receipt of yours of lOth 
Janry. till I returned here, and had some conversation with Francis 
Symon. He has been with me this day, but can't be brought to a final 
baigain, tho' I don't doubt he may soon. I only offered him £23$. He 
told me Mr. Farquharson (Invercauld's Factor) had offered i^250, on 
which I told him it was too high a price, and I would have no further 
Thoughts of purchasing, but advised him to settle with Mr. Farqrson. 
This I did as he always imagined I was acting for myself, and will now 
think he has only you to deal with. I shall not, however, lose sight of 
him and shall give Mr. Farqrson all my assistance. 

" I am glad Lord Fife seems so well satisfied ; and I agree with him 
in thinking you don't run a great risque ; but I hope the other Heritors 
will ag^ree to reasonable terms as well on their own account as on yours. 

** Your friend, Peter, is to be married next week to Miss Forbes of 
Blackford Tho' he does not get much money— only £i,soo — ^he gets an 
agreeable young woman and properly brought up, and not fond of the 
follies and extravagance of the present age. They are to come here 
immediately after their Marris^, and stay with me till Whitsunday when 
I am to yield this place to them and retire to Birkhall. Mr& Grordon 
joins with me in the offer of our best Compts. to you and all your family. 
It will give us real pleasure to hear you are all well. — I am, with sincere 
regard, 

Dear Sir, 

Your most affte. 
and obedient servt 
Abergeldie Charles Gordon. 

2d Febry. 1782. 

*' Please offer my kind Compts. to Bruxy and forward the enclosed 
to Monaltry, which I trouble you with as I have no Franks to him." 

Mr. Charles Farquharson was then Factor on the Invercauld estates 
— ^the **Muckle Factor" {Factor Mar) as he was popularly called — and 
resided at Cluny Cottage at the foot of Craig Cluny in Braemar, of which 
residence he had a liferent ** His son, an M.D., having returned from the 
West Indies, bought Breda from Mr. Mackenzie of Applecross, and died 
without issue. After a lengthened litigation, the late Mr. Robert Far- 
quharson^ ex Provost of Paisley, and son of the Rev, Robert Farquharson, 



WOODS AND GRAZINGS : SERVITUDES. 1 8/ 

minister of Logie-Coldstone, succeeded to the property of Breda." 
The family is now represented by the Farquharsons of Alargue. 

Bruxy, as already stated, was Wnt Farquharson, nephew and 
successor of the " Baron Ban " in the Monaltrie estate. 

In the afternoon of the same day Abeiigeldie again writes to 
Invercauld : — 

« Dear Sir, 

The enclosed was wrote this forenoon, since which time 
Mr. Farquharson came here and delivered me your letter and the 
Sttbmissioa I am glad to have it in my power to oblige you and the 
other Heritors, who, I think, have judged properly in settling with you, 
at least in submitting to me. How far I am a proper Arbiter time will 
show. I shall only say I shall act impartially to the best of my abilities. 
I must have Exact Rentals from all concerned and their Claims signed. 
I suppose Mr. Chas. Farqrson can act for you. Haughton,' Bruxy, and 

I Thb Farquharsons of Haughton are of very andeiit descent, tracing, aocording to 
Dagks, from the Comyns of Altyie, as hx back as the reign of Alexander III. A descendant 
of this house, named Fbrquhard, settled in Kellas of Kinloss in Moray ; "and his descendants, 
laying aside the surname of Comyn or Gumming, adopted that of Farquharson ; and from this 
Ferqnhard have sprung the Farquharsons of Haughton in Aberdeenshire. The fourth, in 
direct male descent from Ferquhard, William Farquharson, alias Gumming of Kellas, married, 
about the year 1580, Jean, third daughter of John Farquharson of Invercauld, the grandson of 
Finla Mor, progenitor of the GUn." Thus early became these two brandies connected by 
marriage. ** This William was one of the barons of the North who signed a roll for the protection 
of James VI. after the Gowry Gonspiracy. During the civil wars the Farquhanons of KeUas 
IbUowed the fortunes of Gharles I. and II. and lost their Estates in consequence, it is said there 
were several of them present at the battle of Worcester, where they all fell except one. John 
Farquharson, the sole survivor, married in 1656 a daughter of Donald Farquharson Esq., fifth son 
of Invercauld, and left a son and successor." — Burke. The genealogical accounts make no 
mentioo of this Donald, but he was probably a son of the John whose daughter had already 
roanied into the KeUas family. Burke states that it was this John of Kellas who bought the 
Estate of Haughton ; but if so, and the above date of his marriage (1656) be correct, he must 
have been a very old man when he acquired the estate ; for Mr. Jervise, on the information of the 
late Mr. Farquharson of Haughton, who was a man of very accurate knowledge on these matters, 
states that ** The first Farquharson of Haughton was ' John Farquharson in Breda ' who bought 
these lands and others from William Reid in l^2l^^2,**-'E^U^hs and Inscriptions^ Vol. I., p. 1 18. 
Mr. Jervise adds — '' These he conveyed to his eldest son, John, in 1730, on whose death in 
<745'^ Ibs second brother, Fiands Farquharson, accountant in Edinburgh, served himself heir to 
the psoperty." This Francis is the " Haughton " so often referred to in the Monaltrie papers as 
having had the principal management of that gentleman's Scotch affiurs during his long exile in 
England. He died 28th Feb., 1767, and was succeeded by hb nephew, Alexander Ogilvie 
FARQUHAmsoN, who is the " Haughton " referred to in the text. He had bought some small 
pto p ci ti c s in Gkngiim, Auchintoul and others, and hence his claim for servitude on the Woods 
of Mar. 



188 kECORDS OF INVERCAULD. 

Rineton can send me theirs. I can settle with Francis Symon and John 
Erskine here. You shou'd see if Mr. Alexr. Grant, Factor on Easter 
Micras has powers to doe anything. 

" If the Commissioners of the Annexed Estates cannot give up the 
servitude for money, I apprehend they can excamb. Would it not be 
advisable in you to offer them that piece of Tullochcoy which is enclosed 
and lies below the County Road* entirely distinct from your other Lands, 
and a part of what you purchased, and no part of your original Estate ? 
Many obvious reasons should induce you to Endeavour to get free of the 
Servitude of Monaltry. Pardon me for giving you this hint ; it is as a 
friend and not as a medler. 

" Mr. Farqrson has had a conversation wt Symon, and given him 
only a fortnight to determine. 

" Please, make my Compts. to Rineton, and tell him I had not time 
to write him, as I am to sett out Early to-morrow for Abdn., but that I 
shall write him soon and take care of what he recommends to me 

I am most sincerely, 
Dr. Sir, 
Your most affect and most obdt Servt 
Abergeldie, Charles Gordon. 

2d Febry. 1782. 

" Please, send the letter to my sister." 

Mr. Farquharson, Invercauld's Factor, had written to the Laird of 
Easter Micras r^arding the surrender of the servitudes, and had received 
the following reply : — 

" Dublin Barracks, 2d Febry. 1782. 
" Dear Sir, 

I am this moment favoured with yours of the 26th Ulto. 
I observe what you say relative to an agreement between Lord Fife and 
Invercauld with regard to the Servitudes, Woods &c., and that the whole 
was Submitted to Abergeldie who had determined the woods of Balloch- 
buy to Invercauld in lieu of his Servitude and freeing and relieving Lord 
Fife from the whole of the other Heritors as to any claim on his Lordship 
in point of Servitudes. As you tell me that the other Heritors and 
Invercauld are to settle their matters in point of Servitude, and that they 
have agreed to sign a Submission to Abergeldie with power to him to 
Determine what part of money will be paid each Heritor for their 
proportion of Servitude. That no delay may be made on account of not 

I The County Rood then passed nearer the Dee than the present one, tooching the bank of 
the river at the Boat of Camachoimne, so that the piece of land was of small extent, but it was 
clothed with very fine birches. The suggestion was not acted upon. 



WOODS AND GRAZINGS : SERVITUDES. 189 

being in Scotland, I impower you to sign said Submission along with the 
other Heritors, and to act for me in that affair in every respect as you 
shall think proper. I hope you will excuse me for the trouble I have 
given you. 

I am, Dear Sir, 

Your most obedt humble sert 
John Farquharson Jo. 
Lieut 77th Raiment 
To Mr. Charles Farquharson 
Factor to James Farquharson 
Esquire of Invercauld. 

" P.S. Your son is well at present, and intends writing you soon. 
I think I will be in Scotland about the end* of this month. Please make 
offer of my best respects to Miss Farquharson and all friends in the 
Country." 

The writer of the above letter was the Laird of Easter Micras and 
Leval ; the Factor's son, to whom he refers in his P.S., and who seems at 
that time to have been connected with the 77th Regiment, was not the 
one who went to the West Indies as a medical practitioner and afterwards 
returned and bought Breda in Alford ; and the Miss Farquharson therein 
mentioned, his sister, was so beautiful that she was popularly known as 
the " Rose of Ballater." She died in the winter of 1804 or 1805, when it 
is recorded that the funeral procession crossed the Dee on the ice on 
their way to the place of interment in the churchyard of Glenmuick. 

Matters did not proceed very expeditiously with regard to signing 
the Submission to Mr. Gordon. A few of the heritors — notably John 
Erskine, Francis Symon, and John McGregor, portioner of Auchalater — 
still hung back, probably expecting to receive better terms from Inver- 
cauld by compounding privately. At length Invercauld thus addressed 
Mr. Gordon : — 

"Leith 15th August 1782. 

" Dear Sir, 

You will be surprised that our Submission to you has 
not been returned before this time, which I was anxious should have 
been done, to prevent your having unnecessary trouble, by taking the 
opportunity of your man of business whom you expected to be in the 
Country, as well as to have matters ended. But the delay has been 
occasioned by the abrupt movements of the Atholl Highlanders which 
have prevented Lieutenant Farquharson, Micras, from receiving a 
Factory that is necessary to be returned signed by him to empower 
acting for him here. 



190 RECORDS OF INVERCAULD. 

** I expected to have had the pleasure of seeing you again before I 
left the Country which made me delay talking over matters. I desired 
my Factor to acquaint you as to the situation of Sjonon's a g reement, 
and what passed with John McGrigor, portioner of Auchalater, as to the 
Servitude. I shall still look for your good offices with them. 

** I had the pleasure of seeing your son, David, here. It must give 
you and his mother great satisfaction that he has returned in perfect 
health after having acted so proper and creditable a part so early in life. 
Please give my kind Compliments to your Lady and him. 

I sincerely am. Dear Sir, 
Your aflfectionate, &c" 

Mr. Gordon replies : — 

" Birkhall 24th August 1782. 
" Dear Sir, 

I had the pleasure to receive your letter of the 15th two 
days ago, and as you say nothing to the contrary I hope you and family 
were well. 

" You left Invercauld a day or two sooner than I expected. On my 
return from Aboyne Castle I had gone the length of Aber^die on my 
way to Invercauld, but was informal you had sett out that morning. 

" How soon I heard of Lord Fife's being at Mar Lodge I waited cm 
him, and took care to settle matters so that John Erskine will meet with 
a cold reception if he makes any false complaints. 

^ Mr. Farqrson told me in what way you have settled with Symon,' 
but he must be looked after. The dirty fellow had applied to Mr. 
Morice, my Doer, for Cash. I have taken care that he shall get none. 

*• Mr. Morice was with me yesterday. We' looked over the nature of 
the Submission ; and I hope he is so much master of the affair as to be 
able to write a scroll of the Decreet Arbitral by the assistance of the 
Notes that I shall send him without his being obliged to come here. 

" Monaltrie wrote you of the misfortune to the Bridge ; « luckily no 
damage is done to the Stonework ; and I am hopeful a great deal of the 
timber will be recovered — a good deal of it is already brought back by 
the Country people, who cheerfully give their assistance. This (accident) 
will retard the work, but I hope things will soon be sett to rights. 

" Mrs. Gordon is at Aberdeen with Mrs. (Dr.) Skene who is near her 

I Fitnds SymoD was a somewhat thoughtless yoaqg man whoae extravageDt frolics, kog 
lemembered, soon biooght him into financial difficulties that led to the sale of his small |aop c ity. 

a This was the first bridge over the Dee at Ballater, for the erection of which Monaltrie (the 
*' Banm Ban ") had been, as already stated, so strenuously exerting himself. The aoddcnt was 
caused by a spate in the river which carried away most of the service work. 



WCX)DS AMD GRAZINGS : SERVITUDES. 191 

time. David is here with me and joins me in kind Compliments to you, 
Lady Mcintosh, and all your family. 

I sincerely am, 

Dr. Sir, 
Your most affect and 
To most obdt Sert 

James Farqrson Esqr. of Charles Gordon. 

Invercauld 

Edinburgh." 

The next letter from Mr. Gordon was the following : — 

Birkhall, nth Novr. 1782. 

« Dear Sir, 

As I heard that Mr. Morice was at Abo)me Castle I 
sent an Express for him and desired him to come here to Extend my 
Decreet Arbitral, which I resolved should be done at my sight in case of 
mistakes. He has been with me these two days ; and now I have of this 
date put my hand to my Decreet Arbitral, and sent it with Mr. Morice 
to be r^istrate, and desired him to send an Extract to yoy, and one to 
Mr. McDonald, and another to Mr. Rose, my Lord Fife's Commissioner. 

** It will give me real pleasure to know that it gives satisfaction to 
you and all the other gentlemen. I assure you I am extremely happy it 
has been in my power to serve you and your family ; and I hope this 
transaction and the former transaction will turn out to your benefit 

" In the present Decreet Arbitral I have taken care of your interest 
as far as Character and honor would allow me without hurting the interest 
of the other gentlemen ; and I have given you on the last part of the 
Decreet Arbitral a clause whereby no advantage can be taken of you by 
any of the other gentlemen in case my Lord Fife should refuse to sign 
the Renunciation till you procure Renunciations from the Commissioners 
of the Annexed Estates, and from John Erskine. I am hopeful this will 
not happen ; but I thought it best to guard against the worst I have 
enclosed to you a state signed by me of the Calculation of the Value of 
the Different Servitudes payable to the gentlemen, submitters to me ; and 
by it you will see your own proportion, and what falls to the Estate of 
Monaltrie and to John Erskine. You may show this to any of the other 
gentlemen, but it will not be advisable to give copies. You have also a 
letter to yourself which you may show to any one of the other gentlemen 
if you think proper, but give no copy. 

** Mrs. Grordon joins me in best wishes to you and your family, and 
wishing you a safe journey and happy meeting with them at Leith. I 
am most sincerely. My Dr. Sir, 

Yours most affectionately 
Charles Gordon, 



192 



RECORDS OF INVERCAULD. 



** Please, forward the letter to Mr. McDonald 

** A general scarcity is dreaded at Aberdeea' The Magistrates have 
sent two gentlemen to England to buy grain for the use of the Inhabitants. 
Upwards of looo guineas is subscribed for by the gentlemen of the town 
to give premiums to those who import grain. I have some thoughts of 
desiring David to send me from London what will supply my tenants. 
He gives me a hint that he can do it, and save Commission and the 
Merchant's profite. It is thought no Farm meal can be got this year, as 
the harvest is so backward." 



There is extant a copy of the signed state of the ** Value of the 
Different Servitudes" which Mr. Gordon had calculated. It is in the 
following form : — 



'* Note of Feu-duties paid by lands claiming Servitudes- 



Mid Micras - £i 19 lo^^ 

Easter Ditto - i 19 lo^V 

Francis Symon - o 13 4 

John Erskine - 0134 



Cults & Tombelly £S 14 
Estate of Monaltrie 2 1 5 
Others supposed i 1 3 



61V 



Amount ;gi8 9 4A" 



Mr. Gordon next estimates the Rents of the Lands entitled to 
servitude on the woods ; and first lands belonging to Invercauld : — 



"Tullochcoy - ;624 4 3 

Crathie&Tomadows26 8 10 

Micras & Torgalter 22 17 9 

Richarkerrie - 54 9 8 

Coldrach - 46 7 10^ 

Then follows : — 



" Note of the other Heritors' Rents— 



Castletown - ;fi5i i 2 
i of Auchalater 20 o o 



Total . ;f34S_9_6H.' 



Lands of Monaltrie £54 5 8 ^^ 

Easter Micras - 34 o o 

Mid Micras - 30 16 4^*^ 

John Erskine W. do. 10 17 9 

Do. J of Auchalater 6 13 4 

Francis Symon^Micras 10 17 9 



Monaltrie, Cults ) /•__, 
& Tombelly J^'^' 
Supposed Rinloan I 



I S 



90 o o 



& Auchintoul 

Total . £338 12 3H." 



I This was the memonble year of fiiiDine (1782) so often alluded to by the writers of the 
**01d Sutistical Account of Scotland/' when poor people lived on imported bran, and the price 
of iann (oat) meal rose to over ^4 sterling per boll. 



WOODS AND GRAZINGS: SERVITUDES. 193 

Next follows : — 

" Note of Different people's Rents :— 
Lands of Monaltrie, Annexed Estate 
Easter Micras— Grant (for Proprietor) 
Wester Micras — Francis Symond 
„ „ John Erskine - 

John Erskine One fourth of Auchalater 
Monaltrie (not annexed) Cults and Tombelly 



SERVITUDES 








;^S4 5 


8A 


- 


34 





- 


10 17 


9 


- 


10 17 


9 


r 


6 13 


4 


nbelly - 


lOI I 


5 



;f2l7 15 IlA 

Mid Micras (Leval) Lieutenant John Farquharson 

77th R^ment 30 16 4^ 

;C248 12 3H- 

"Add Invercauld's ;^354 9s. 6Hd = £60$ is. loj} = total Rents of 
parties claiming servitude on Woods of Mar." 

Mr. Gordon had already estimated the value of the Woods in the 
Ballochbuie ceded by the Earl of Fife to Invercauld at ;f 702 7s. — This 
amount Abergeldie proposed to be divided among the different claimants 
according to their Rentals, and issued his Decreet Arbitral accordingly. 
All the claimants had si^ed the Submission to him except John Erskine 
and Francis Symon, who soon after sold their properties to Invercauld, 
and with them all their rights to servitudes of every kind. 

The followii^ letters indicate the opinion of Invercauld and others 
as to the justice and impartiality of Mr. Gordon's Arbitration : — 

« Leith 5th Deer. 1782. 
«DearSir, 

Herewith you will have a letter rendering my hearty 
thanks for your distinct decision which I have shown to Monaltrie, as 
well as your signed state of division on the value of the woods, and he is 
quite well satisfied with the propriety of your conduct. Mr. Mcdonald 
(Rineton) has likewise received his Extract, and I daresay approves of it, 
although I have not had time as yet to enter on the subject with him. 
" Pray, present my hearty good wishes to your Lady and family. 

I sincerely am, 

Yours etc 

J.F. 
^ When you have an opportunity I shall be glad to hear how you all 
do, and what is passing in the Country." 
BB 



194 RECORDS OF INVERCAULD. 

The letter of thanks referred to is as follows : — 

" Leith, 5th Deer. 1782. 
" Dear Sir, 

I was favoured with your letter of the i ith Novr., acquaint- 
ing me of your having signed your Decreet Arbitral on the late Submission 
to you, and last night I received, by your orders, an Extract of the same 
from the Register at Aberdeen forwarded by Mr. Morice. 

'* Although I am quite sensible of the rectitude of your intentions, 
forgive me to say that die value put on the dismembering of my Forest 
of Caich' is small, and the being burdened with the hail expenses by past 
and to come relating to this transaction must prove considerable, yet the 
satisfaction I feel from so nigh a view of finishing every manner of dispute 
with my neighbours by your friendly interposition claims my warm 
acknowledgements, therefore, please, accept of my sincere thanks for the 
clear and distinct Decision you have given. 

I always am, 

Dear Sir, 
Your affectionate and 

Most humble Servant 
J. F." 

I Mr. Gordon*! award, as between what was surrendered and acquired of this Forest by the 
Earl of Fife and Mr, Farquharson respectively, was that Invcrcauld should pay his Lordship ;f 50 
sterling as the amount of the balance in his fiivour. They each thought too small a value had 
been put upon what had been taken from him ; so that it is likely Abergeldie's valuatioa was 
very near the truth. 



Thus ended all disputes about servitudes on the Woods 

AND GRAZINGS OF MaR. 



PERTHSHIRE ESTATES." 

I.— LANDS HOLDING OF THE CROWN. 

CRONACHERRIE, LAGNACHREAN, REANAGORMALL. 

The first notice we have of these properties, which seem to be 
generally combined to form one estate, is thus docketed: — 

" Contract between Patk. Small and Wester Invercroskie, eldest 
son of Robert Small of Finneangand, and Paul McKenzie of Finnon- 
geard dated 26th May, 1726 ; Whereby the said Patrick Sells to the said 
Paul inter alia the said lands of Cronacherry, Lagnachrean and 
Reanagormal." 

It was at this time that John Farquharson of Invercauld acquired 
the superiority of these lands from the Crown. 

On the death of Paul McKenzie and the succession of his heir, 
Invercauld grants the latter the following : — 

" Precept of Clare Constat from John Farquharson of Inver- 
cauld for Infefting Alexander McKenzie as heir to his said father Paul 
in the said lands, dated 13th September 1739." 

An Instrument of Sasine follows thereon the next day. 

At a much later period some sale, or rearrangement of property, 
necessitated a new Instrument of Sasine in favour of the said Alexander 
McKenzie, which is dated loth October, 1770. 

I It was not the original intention of the Editor to include in the present volume any account 
of the Perthshire properties. This was mainly owing to his being less intimately acquainted with 
their extent, and with the character and value of their industries and productions than he was 
with those belonging to the family in the north. As, however, the work progressed it became 
endent to him that to omit all notice of the former would be to convey a very inadequate estimate 
of the position occupied by the family as landowners in the country, and an erroneous impression 
of their history and connections with other houses. Although therefore not in a position to 
famish, from pemnal knowledge, so many or so foU notes, topographical or historical, as in the 
case of the Aberdeenshire estates, he yet hopes that the following will to some extent supply the 
defect that must have been felt by their entire omission. They are not arranged in strictly 
alphabetical order, but in four classes according to the nature of the Superiority held over them. 



196 RECORDS OF INVERCAULD. 

Following the Precept of 1739 we have : — 

" Ext. Contract of Marriage between Colin McKenzie, son of 
the said Alexander, and Jean Small'; whereby the said lands are settled 
upon the heirs of the marriage ; dated 5rd January 1755." 

Appended to this document there is N.B. 

** John Farquharson acquired the superiority of these lands 
from the Duke of Atholl, 1732, which does not appear. The pro* 
perty was acquired by James Farquharson of Invercauld from 
James Rutherford W.S. who purchased it at a Judicial Sale of 
Robert Mcintosh of Aahintully s property." 

From other documents it appears that Mr. Farquharson had 
acquired the superiority many years prior to this date. Indeed it seems 
to have been conveyed to him about the time ( 1721), if not in consequence 
of his marriage with Margaret Murray, cousin of the first Duke of Athole. 

These lands, about 1780, passed in property as well as superiority 
into the hands of James Farquharson of Invercauld. 

A great part of these Superiorities is still retained by the Invercauld 
fiunily. 

Then we have : — 

"Procuratory of Resignation ad remeniiam granted by the 
said James Farquharson of Invercauld (preparatory to a Deed of Entail) 
in favor of himself and the heirs therein mentioned of the said lands, 
dated i8th January, 1783." 

This is followed by 

" Instrument of Resignation thereon, dated 23rd and Registred 
at Perth 26th March, 1785." 

"Instrument of Sasine therein is dated 8th February and 
Registred at Perth 7th March 1785." 

The lands are thus described in the Deed of Entail, 1788 : — 

"All and Whole the Towns and Lands of Cronacherrie, Li^^- 
chrean and Rindgormell with Houses, Biggings, Yards, Tofts, Crofts, 
grazings, Shealings, Mosses, Muirs, Meadows, commonties, common 

I This fiunily of Smalls held several properties in the parish of Kirkmicfaael, Perthihiiie» the 
principal of which was Dixnanean in Glen Shee. 



ESTATE PAPERS: LUVDEATH. 197 

|Mnturage» aad other potinents thereto belonging, lying in Glenbeg of 
Glenshee, and in the Parish of Kirkmichael and Sheriffdom of Perth, 
being parts and pertinents of the said Glen of Glenb^ with the Tiends, 
great and small of the said Lands." 

Glenb^, the small glen^ was obviously so named to distinguish it 
from the larger valley, Glenshee, formed by its junction with Glenhait- 
neidi at the Spital. Both these upper glens border with Invercauld's 
Aberdeenshire properties in the Baddoch and Glencluny. Glenbeg 
forms the south approach to the Caimwell Pass, whence the road 
descends through Glencluny to Braemar. 

LUNDEATH. 

The writs regarding this property, as recorded in the Inventory of 
the Invercauld estates of date 1788, are the following : — 

''€harter from Walter Cargill to the Monks of Cupar, dated 22nd 
Oct 1502, of the lands of Lundeath." 

" Charter from Alexander Crichton, Prebendary of Lundeath, to 
William Halli-burton of the lands of Lundeath, dated 20th April 1566." 

" Sasine thereof (is) of same date." 

** Charter of Confirmation under the Great Seal of a charter 
from Akocander Crichton in his favour, dated the 20th day of April 1566." 

" Contract between David Irvine and James Lindsay of Dowhill 
lebtive to the lands of Lundeath, dated 26th March 1604.'' 

•* Contract of Sale between the said William Hilliburton and 
William Rattray, Vicar of Blair, of the said lands of Lundeath ; Dated 
26th February 1623." 

" Precept of Clare Constat from James Drummond, rector of 
Lundeath, in favour of William Halliburton as heir to his father, Lawrence, 
in the said lands of Lundeath, dated 23rd November 1623." 

*" Instrument of Sasine therein in favour of the said William 
Halliburton, dated 25th November 1623." 

"Precept of Clare Constat in favour of the said William 
Halliburton as heir to his father, Lawrence, or at least to some other of 
his predecessors in the said Lands of Lundeath and Teinds, dated 14th 
January 1625." 



198 RECORDS OF INVERCAULD. 

** Charter of James Drummond, prebendary of Lindeath, confirm- 
ing the said Charter in his favour from William Hilliburton, dated 14th 
January 1625." 

'' Instrument of Sasine thereon in favour of the said William 
Hilliburton ; dated 24th November 1625." 

'' Instrument of Sasine therein, dated 25th November 1625." 

" Contract of Sale between the said William Rattray and John 
Lindsay of Kinlock of the said lands of Lundeath, dated the 25th Nov. 
1625." 

''Charter in iMPLEMENTthereof from the said William Rattray 
in favour of the said John Lindsay and his spouse, dated 25th Novembo- 
1625." 

'* Instrument of Sasine therein in favour of the said John 
Lindsay and his spouse, dated 2nd December 1625." 

*' Charter from the said John Lindsay in favour of David Lindsay, 
his son, dated 2nd December 1625/' 

Instrument of Sasine followed in favour of David Lindsay, 
dated 2nd December, 1625. 

" Charter of Confirmation from James Drummond, Prebendary 
of I^undeath, of the Charter from William Rattray to John Lindsay and 
from John Lindsay to David Lindsay. Dated 28th of July 1656." 

" N.B. Lundeath was adjudged from the heirs of John Lindsay to 
John Ayton, and are included in a Decreet of Adjudication to John Ayton 
of date 17th July 1657." 

Lundeath is thus described in the Deed of Entail above referred to: — 

** All and haill the Kirklands of Lundeath, commonly called the 
Glebe and Kirklands of Lundeath, with the Teinds, parsonage and 
vicarage thereof which were never in use to be separate from the stock 
houses, Biggings, yards, crofts, privil^es, commodities and pertinents 
whatsoever belonging thereto lying within the Parish of Kinlodi, Barony 
and Lordship of Dunkeld and county of Perth." 

The lands of Lundeath were thus united to the estate of Marlee, and 
continued so till 1757, when both were acquired by James Farquharson 
Esq. of Invercauld. See Marlee or Kinloch. 



ESTATE PAPERS: MARLEE OR KINLOCH. 199 

MARLEE OR KINLOCH. 

The district so named is situated in a beautiful valley about midway 
between Blairgowrie and Dunkeld. The scenery is diversified by moun- 
tain, moor, wood and water. Anciently, Kinloch was a separate parish ; 
but in 1805 it was united to Lethendy. Marlee was the name of the 
estate, which contains some of the richest lands and best stocked streams 
and lakes in the north-east of Perthshire. During the time it remained 
in the hands of the Farquharson family, and even long before that period, 
it was a place of some importance, containing a manor house, and a 
hamlet with its inn and shops where most of the business of the district 
was transacted. The Laird of Invercauld frequently lived there; and 
most of his correspondence, even when resident in Braemar, passed 
through Marlee — not through Aberdeen, which was then counted a round- 
about way of reaching the centres of business and seldom resorted to. 

The derivation of Marlee is somewhat doubtful ; but that of Kinloch 
is quite apparent, being Ceann-lochy i.e. the end of the loch, which is quite 
descriptive of the situation. 

In the Deed of Entail, 1788, the property is thus described : — 

" All and haill the Town and Lands of Kinloch, now called Marlee, 
comprehending the Lands and others underwritten, vizt The Lands of 
Kinloch Easter, with the mill and mill Lands thereof, multure and 
sequels of the same use and wont ; and particularly * but (without) 
prejudice of the foresaid generality, the Thirlage and Astricted multures 
of the Lands of Easter Eskendie and nether Belceum used and wont, and 
sicklike comprehending the Lands called Burnside, Woodside and 
Lochside, which are proper parts and pertinents of the said Lands of 
Kinloch, as also the three Lochs and fishings of the samen Lands of 
Kinloch, and likewise all and haill the half Lands of Kinloch Wester, with 
all and sundry outsetts, annexis, connexis, dependences, houses, Biggings, 
yards, parts, pendicles. Tenants, Tenandries, service of free Tenants and 
haill pertinents of the same lying sometime in the Barony of Dowhill 
thereafter by annexation in the Barony of Williamstone Parish of Kinloch 
and sheriffdom of Perth." 

As this was one of the most important acquisitions of property made 
by the Invercauld family in Perthshire, the documents regarding it are 
numerous, and reach to an earlier period than in the case of most of the 
others. The foUowii^ have been inventoried : — 



200 RECORDS OF INVBRCAULD. 

** Instrument of Sasine in favour of Robert Cai^ of the Lands 
of Stobhall^ dated 28th August ua^.** 

'* Instrument of Sasine in favor of Walter Caigill. dated 23rd 
August 1498.'' 

" Bond from John, Lord Drummond, To the said Walter Cargill 
anent an Excambion of his Lordship's Lands of Kinloch for the said 
Walter's Lands of Lassington &c, dated 28th February 14991" 

^ Charter from John, Lord Dnimmond, to the said Walter Cargill 
of the Lands of Easter and Wester Kinloch, and an annual rent of 5 Bolls 
Bear and 5 Stones cheese from the lands of Londiff, dated 28th Febmaiy 
1499" 

«* Instrument of Sasine in favours of the said Walter Cargill in 
the said Lands and others, dated 24th March 14991'' 

"^ SPEaAL Service of John Cargill, as heir to his father, the said 
Walter, dated 27 October 1513." 

"* Instrument of Sasine in favours of John Cargill, son and heir 
of the said Walter, proceeding upon a precept from Lord .... 
(? Dnimmond), dated 17th Nov. 1513." 

*< Charter of Sale from the said John Cargill to Adam Lindsay 
of Dowhill, in Liferent, and Lawrence Lindsay, his son, in fee, of the 
Lands of Wester Kinloch, dated 3rd June 1535, with the Lands of 
Assindye in Warrandice." 

''Obligation by the said John Cargill to infeft the said Adam 
Lindsay in the said Lands and others, dated 5th June 1535." 

*' Charter of Confirmation from the said John Cargill to Uie 
said Adam Lindsay of the charter, dated 9th June 1535." 

*• Precept of Sasine for infefting the said Adam Lindsay in the 
said Lands in consequence off the said Deeds, dated 9 June 1635, with 
Instrument of Sasine thereto annexed, dated 15th June 1535." 

** Signature under the sign manual of James the 5th for making 
out a Charter of Confirmation in favour of the said Adam Lindsay 
of the Lands of Easter Essendye, dated 23rd August 153&" 

^ Precept proceeding upon a Charter of Confirmation under the 
Great Seal for infefting the said Adam Lindsay in tlM said Launds md 
others, dated 8th June 1537." 



ESTATE PAPERS: MARLEE OR KINLOCH. 20I 

"Decreet oTthe Lords of Council and Session at the instance of 
the said John Cargill against dated 31st July 1557." 

"Ext. Submission and Decreet Arbitral between James 
Lindsay of Dowhill and Andrew Blair of Ard-Blair anent the marches of 
the said two properties, dated i6th July 1565." 

"Decreet of Poinding the ground at the instance of James 
Lindsay of Dowhill against the Kirk Lands of Lundeath, dated nth 
November 1587." 

" Contract of Sale between James Lindsay of Dowhill and John 
Lindsay, his brother, of- the Barony of Kinloch, comprehending Easter 
and Wester Kinloch, Lands of Woodside, Easter Essendye, and the said 
annual rent out of Landeith, dated 9th August 1604J' 

"Charter in implement thereof, dated 9th August 1604, to hold of 
himself." 

" Precept furth of Chancery for infefting the said John Lindsay in 
the said Lands and others, dated 29 Septemr. 1608." 

" Instrument of Sasine thereon, dated 9th January 1609." 

"Bond by the said John Lindsay in favour of his wife and son, 
dated 15th July 1612." 

" Bond by the said John Lindsay in favour of Jean Ramsay, his wife, 
and William, their son, dated 6th December 1619." 

" Charter in implement thereof of the Barony of Kinloch compre- 
hending Easter Kinloch and Woodside, Easter Assendie and the annual 
rent from Landeff, dated i6th December 1619." 

" Instrument of Sasine in favour of the said John Lindsay in 
Easter and Wester Kinloch, Assindie, and annual rent out of Lundeith, 
proceeding on a precept from Chancery on a Charter of Confirmation, 
dated 2981 September 1608, and the said Sasine is dated the 15 th 
April 1622." 

"Tack from Thomas Cruickshank, Parson of Lundeith, to Jas. 
Lindsay of Dowhill and his son, James, of the Teinds of Easter and 
Wester Kinloch and Woodside, dated 24th July 1581." 

" Charter of Confirmation under the Great Seal of the said 
Tack and also of a Tack from Mr. Edmund Miller, parson of ... . 
to John Lindsay of Kinloch of the Teinds of Dowhill and others, dated 
2nd January 1617." 

CC 



202 RECORDS OF IMVERCAUUX 

'' Charter of Confirmation, dated 20th January 1633.'' 

'' Instrument of Sasine in favor of Jean Ramsey and William 
Lindsay proceeding on Charter (granted in 1619), dated 5th January 162a" 

Sasine also followed thereon, dated 22d August 1628. 

"* Bond by the said William Lindsay of Kinloch to John Lindsay 
of Dowhill for the sum of £24flOO Scots, dated 7th September idsz" 

*" Assignation of the said Bond by the said John Lindsay to George 
Ayton of Inch Damick dated 15th April 1656." 

'' Letters of Charge at the said John Ayton's instance against 
Jean Lindsay, brother's daughter and apparint heir to the said William 
Lindsay, dated 23rd April 1656" 

** Decreet of Constitution at the instance of the said John 
Ayton, against the said Jean Lindsay, dated 24th June 1657/' 

*• Decreet of Adjudication at the instance of the said John 
Ayton of the Barony of Kinloch, dated 17th July 1657, comprehending 
the said lands and also the church lands of Lundeath." 

" Precept from Chancery thereon for infefting the said John Ayton, 
dated 2 October 1657." 

" Sasine thereon, dated 28th October 1657." 

** Charter from John Lindsay of Dowhill in favor of the said John 
Ayton for infefting him in the Lands of Easter Kinloch, Woodside, 
Easter Asshindie, and annual rent furth of Landeith,dated 8 October 1657/' 

''Sasine thereon, dated 28th Oct 1657." 

** Disposition from the said John Ayton to the said John Lindsay 
of the Lands of Easter Kinloch, Woodside, Easter Assindie, and annual rent 
furth of Lundeith themselves, dated 2Sth Nov. 1657.'' 

*' Instrument of Resignation ad frmanentiam, in the hands of 
the said John Lindsay, of all the said lands and others, excepting the 
Kirk Lands of Lundeith, dated 4th November 1664*" 

'' Charter of Resignation and Novodamus from James Lindsay, 
Minister of Landeith, of the said Kirklands of Landeith, in favour of the 
said John Lindsay of Dowhill, dated 4th Novemr. 1664.'* 

"^ Instrument of Sasine thereon, dated 4th October 1665/' 



ESTATE PAPERS: MARLEE OR KINLOCH. 20$ 

''Renunication and Assignation 1^ John Blair of Ard Blair of 
a right of fishing in the three Lochs of Kinlock, dated 4, Februaiy 1664." 

** Instrument of Resignation in the hands of his Majesty there- 
upon, for new Infeftment to be given to John Lindsay of DowhilL" 

'^ Charter of Apparaising under the Great Seal of Easter and 
Wester Kinlock, and the annual rent out of Lindeath, In favour of 
the said John Lindsay, dated 30th September 1676." 

"* Disposition by James Lindsay of the. lands of Kinloch, Kinloch 
Wester, Easter Easchendie, Lundeadi, In favour of James Oliphant of 
Williamshiir» 6th March 1696L 

" N.B. This James Lindsay had not been InfefL" 

** Instrument of Resignation in the hands of his Majesty of the 
said lands (excepting Lundeath) In favor of the said James Oliphant, 
dated 14th August 1696." 

" Ext. Disposition by the said James Oliphant in favour of John 
Gall and spouse, of the said lands and others, dated 27th February 1700, 
and R^istred at Perth, 27th June 1702." 

" Letters of Special Charge at the instance of the said James 
Oliphant agt die said James Lindsay as Heir to his father, John, dated 
andSigneted i8th Jany. 1703." 

« Disposition and Assignation by the said James Oliphant to the 
said John Gall and spouse, of the said adjudication and grounds thereof, 
dated 28th February 171 2" 

" Heritable Bond of Warrendice by James Lindsay of Dowhill 
to the said John Gall over the Lands of Dowhill in further security to 
him of the said Lands of Kinloch and Lundeith, dated 7th March 17 12." 

•* Decreet of Transumpt at the instance of the said John Gall 
against the said James Oliphant before the sheriff of Perth, dated 15th 
November 1704, of the following deeds vizt : — 

•* 1st Charter under the Great Seal in favour of the said James 
Oliphant of the said lands of Kinloch and other lands, dated 14th 
August 1696 " ; and 

^2nd Sasine thereon, dated 22nd Deer. 1696." 

" Disposition by the said John Gall to himself, in liferent, and his 
son, in fee, of the said lands of Kinloch and Lundeath, dated 2cth March 



204 RECORDS OF INVERCAULD. 

" Charter of Resignation and Adjudication under the Great 
Seal, In favour of the said John Gall and his son, proceeding upon the 
foresaid Disposition in his favour, and upon the said Adjudication and 
Bond of Warrendice, dated 27th July 1713." 

" Instrument of Sasine thereon, dated 8th April 1714." 

" Ext. Disposition by the said John Gall of the Barony of Kinloch 
comprehending the lands of Lundeath to James Farquharson, dated the 
13th September 1754 and Roistered in Books of Session 1757." 

This is James Farquharson of Invercauld, who had succeeded to his 
father, John, in 1750 ; and who afterwards made several large purchases of 
property in Perthshire. 

"Charter of Resignation under the Great Seal in favour of 
Robert Farquharson, Writer in Edinburgh, proceeding upon the Procu- 
ratory contained in the said disposition from John Gall and Assignation 
thereto from the said James Farquharson, dated 23rd February 1757." 

" Feu Right and Disposition of the said lands and others from the 
said Robert Farquharson to James Farquharson of Invercauld, dated 6th 
April 1757." 

" Instrument of Sasine following thereon in favour of the said 
Robert Farquharson, dated 3rd May 1757." 

" Disposition of the Superiority of the said lands and others from 
the said James Farquharson to Finlay Farquharson of Rochallie in life- 
rent, and the said James Farquharson in fee, dated 4th April 1764." 

"Extract Retour of the Special Service of the said James 
Farquharson as heir of provision to the said Robert Farquharson, his 
brother, in the said lands and others dated 7th May 1764." 

This Robert Farquharson was the son of John Farquharson of 
Invercauld and Jane Forbes, his fourth wife, and was therefore the half 
brother of James of Invercauld. Burke says, " He died unm'* 

" Precept prom Chancery thereupon for infefting the said James 
Farquharson therein, dated ist June 1764" 

" Instrument of Sasine thereupon in favour of the said James 
Farquharson, dated at Perth 28th June 1764." 

" Instrument of Resignation in favor of Finlay Farquharson 
of Rochallie in liferent, and the said James Farquharson in fee, in the 



ESTATE PAPERS: MARLEE OR KINLOCH. 20$ 

hands of his Majesty, proceeding upon the Procuratory in the Disposition 
(of date 4th April), dated the 3rd of July 1764." 

" Charter of Resignation under the Great Seal, of the said lands 
and others, dated 3 July 1764," 

" Instrument of Sasine thereupon, dated 28th July and Registered 
in General Register of Sasines at Edinburgh, ist August 1764." 

" Instrument of Sasine in favor of the said James Farquharson 
in the said lands, dated 3rd and Recorded at Perth 29th September 1787, 
proceeding upon the Precept in the Feu Disposition from Robert 
Farquharson (of date 6th April 1757)." 

" Procuratory of Resignation ad-Remanentiam for consolidating 
the property of the said lands with the superiority in his person, dated 5th 
September 1787." 

" Instrument of Resignation ad-Remanentiam thereupon, dated 
5th and Recorded at Perth 29th September 1789." 

The following papers relating to Kinloch were found in a separate 
parcel, docketed : — 

" Writs omitted in Inventory on account of their 
not being delivered nor in the Custody of Invercauld, 
but which appear in an old Inventory." 

"Ext. Submission betwixt Mr. John MacKenzie of Delvin, as 
Heritor of the Mill of Goddens, and Mr. John Gall of Kinloch, with 
respect to the Marches and some servitudes claimed by the one upon the 
other's Property, with Decreet Arbitral thereon. R^d. at Perth 4 Sept 
1721." 

" Decreet of Declarator and Poinding of the Ground at the 
instance of John Gall of Kinloch, as Superior of the Lands of Wester 
Kinloch, Against Alexander Mitchell, the Vassal. Dated 13th and 31st 
of Decern. 1729, and 19th Feb. and 23d June 173a" 

" Ext. Submission betwixt James Blair of Ardblair and said John 
Gall, with respect to the Property of the Rae Loch, with Decreet Arbitral 
thereon, both R^d. in the Sheriff Court Books of Perth, 26th May 1732." 

" Decreet of Declarator of Non Entry before the Lords of 
Session at the instance of the said John Gall against Thomas Mitchell, 
Portioner of Wester Kinloch. Dated 12 January 1743." 



206 RECORDS OF INVBRCAULD. 

ROCHQUHALLIE (ROCHOILLIE)l 

In a considerable parcel of old documents there are several relating 
to this property. The parcel is thus docketed : — 

** Old Writs from the Abbot of Scoone and the Family of Gray, 
relating to the said Lands, almost illegible.** 

Following on these we have : — 

** Charter under the Great Seal in favour of Stephen Curror of the 
said Lands of Rochquhalie, dated loth March 1602.'* 

^ Precept under the Great Seal thereupon, for infefting the said 
Stephen Curror, dated loth March 1602.'' 

''Sasine followed thereof in favor of the said Stephen Curror, dated 
April 19th 1603." 

** Contract in terms of the under mentioned Charter." 

" Instrument of Sasine in the said Lands in favour of Alexander 
Lowell, proceeding on a Contract betwixt him and the said Stephen 
Curror.** 

'* Charter from the said David and Stephen Currors, with consent 
of the said Alexander Lowell, to Jas. Hering of Moi^^instown of the said 
Lands and others, dated 27th and 28th March 1614^ to be holden de me 
of same date." 

* Charter of Confirmation by David, Lord Scoone, in favor of 
the said James Hering^ dated ist February 1617." 

^ Charter from the said James Hering of Morgintown in favor ot 
Alex. (Andrew) Hering, his son, and the other heirs therein mentioned, oi 
the said Lands. Dated 26th June 1629." 

"Charter under the Great Seal in favour of the said Andrew 
Hering of the said Lands and others, dated loth July 1643." 

"Precept furth of the Chancery for Infefting the said Andrew 
Hering therein, dated the said loth July 1643." 

"Disposition from Janet Chalmers of her liferent over the said 
Lands in favour of David Hering, her son. Dated 21st October 1647.'' 

•* Ext. Retour of the special service of David Hering, as heir of 
Taillie, and Provision to the said Andrew his Brother, dated July 4th 
1662, in the said Laxkb and othera" 



ESTATE PAPERS: ROCHQUHALLIE. 207 

''Precept from Chancery thereon for infefting the said David 
Hering thereon, dated ist August 1662." 

<< Precept firom the sheriflf of Fife thereupon, dated 2nd September 
1662.'' 

" Instrument of Sasine in favor of the said David Hering, dated 
4th Seper. 1662." 

" Contract of Sale of the said Lands between the said David 
Hering and George Farquharson of Easter Downie, dated 4th June 1663." 

** Charter a me from the said David Hering to the said George 
Farquharson, dated 4th June 1663." 

"Instrument of Sasine therein in favor of the said George 
Farquharson, dated 14th July 1663." 

" Contract of Marriage between Paul Farquharson, younger of 
Rochquhalzie, with consent of the said George, his father, and Alison 
Durham, whereby the said George became bound to Infeft his son and 
the heirs male of the said marriage, whom failing, Paul's other heirs male, 
in the said Lands and others, dated 23rd June 1659." 

" Instrument of Sasine proceeding on the pnecept contained in 
said Contract in favour of the said Paul, dated 24th June 1669." 

"Contract of Marriage between Patk. Farquharson, son and 
heir, of the said Paul, with consent of his said father, and Ann Farquhar- 
son, daughter of Cults, dated 6th June 17 10, whereby the said Lands are 
provided to the said Patrick and the heirs male of the Marriage." 

** Ext. Retour of the General Service of Finlay Farquharson, son 
of the said Patrick as heir of the said Marriage, dated i ith July 1760." 

^ Ext. Disposition and Assignation by the said Finlay Farquharson 
to James Farquharson of Invercauld. Dated 13th May 1760 and R^is- 
tred in Books of Session 12th February 1777 of the said Lands and 
others."' 

•* Instrument of Resignation in the hands of the Barons of 
Exchequer of the said Lands of Rochallie, proceeding upon the Procu- 
ratory contained in the said Contract of Marriage for new Infeftments in 
favor of the said Finlay Farquharson. Dated 6th August 176a" 



I Tke renoD for this Dispodtion and Aasigiittioa is explained in tiie Pwmify P^ftrt^ 
wliidiBec; 



208 RECORDS OF INVERCAULD. 

"^ Charter of Confirmation and Resignation under the Great 
Seal proceeding thereupon. Dated 6th August 1760." 

<* Instrument of Sasine therein in favors of the said Finlay 
Farquharson, dated 30th August and Registred at Perth 8th Sept 176a" 

" Ext. Submission and Decreet Arbitral between Grahame of 
Balgown for ascertaining their right in the commonties of the Baronies of 
Mause and Rochallie, the Submission dated the 3rd August 1776, the 
Decreet Arbitral dated 14th August and both recorded at Perth 19th 
August 1776." 

••Ratification of his Marriage Contract by the said Finlay 
Farquharson and of the destination therein in favor of James Farquhar- 
son of Invercauld, dated 6th November 1776." 

••Disposition by the said James Farquharson of Invercauld in 
favour of himself and the other heirs therein mentioned of the Lands of 
Rochallie and Wester Miltown. Dated 7th January 1777." 

•• Ext. Retour of the Service of the said James Farquharson of 
Invercauld, as heir in General of Provision of the said Finlay Farquharson 
in Terms of the said Disposition and Assigrnation, dated 13th May 1760, 
and in terms of the said Finlay. Farquharson's Contract of Marriage, 
dated 31st August 1765, and also in terms of the said Ratification thereof 
and of the Procuratory of Resignation, dated 29th Jany. 1777.** 

••Instrument of Resignation therein in the hands of His 
Majesty, dated 24th February 1777 of the Lands of Rochallie." 

••Charter of Confirmation and Resignation under the Great 
Seal in favor of the said James Farquharson, dated 4th March 1777." 

•• Instrument of Sasine thereupon in favor of the said James 
Farquharson of the said lands of Rochallie, dated i6th and R^istred at 
Perth 21 June 1777." 

In the Deed of Entail, 1788, the property is thus entered : — 

•• All and haill the Lands of Rochquhallioch with the houses. Bigg- 
ings, yards, Crofts, Woods, fishings, mosses, muirs, marshes, commonties, 
parts, pendicles, outsetts, cottages and pertinents whatsoever belonging 
thereto, lying within the Lordship of Scoon and Sheriffdom of Perth, 
with the Teinds, great and small parsonage and viccarage of the same, 
and bounded and described in manner mentioned in the original rights 
and Infeftments thereof." 



ESTATE PAPERS: SPITTALS. 209 

The Family of Rochoillie were cadets of the old Family of Brough- 
deig. Originally their Family possession was Shanelly and Downie. 
The George, first mentioned above, was the third son of Lauchlan, fourth 
son of Finla Mor. He married ist Janet, daughter of M*Intosh of Dal- 
mounzie, and 2nd Grizel Campbell, daughter of Baron Reid. He was 
succeeded by his son, Paul, who married a daughter of Durham of 
Omachy. His son, Peter or Patrick, married Anne, daughter of Far- 
quharson of Cults (Culsh), killed at Preston (1715). 

By his marriage with Anne of Cults he succeeded to that property, 
and was much esteemed during the short time he held it as a Deeside 
laird. See Cults and Tombelfy. 

The Farquharsons of Rochoillie were always staunch Jacobites, and 
their share in the '45 seems to have been the reason for the arrangements 
which took place the year 1760. 

SPITTALS. 

The lands designated Spittals (Upper and Nether) are situated in 
the Upper end of Glenshee and consist mainly of grazing farms which 
adjoin the similar farms of Baddoch and Glencluny on the Invercauld 
Deeside Property. 

The Writs regarding it are the following : — 

* Precept of Clare Constat from John Wemyss of Wemyss in 
favor of John Reid or Fleming for Infefting him in Easter Delvin, dated 
24th January 1606." 

"Instrument of Sasine in favor of Alexander Fleming in the 
said lands of Delvin, being part of the Barony of Ashintully, dated 9th 
March 1629.'' 

*' Instrument of Resignation ad-remanentiam in the hands ot 
David Spalding of Ashintully, proceeding on a Procuratory granted by 
the said Alexander Fleming, dated 9th March 1629." 

'' Ext. Special Service of David Spalding as heir to his father 
Andrew, in the lands and Barony of Ashintully, dated 20th August 
1707." A 



2IO RECORDS OF INVERCAULD. 

" Instrument of Sasine in favor of John McKenzie of Ddvin of 
that part of Glenbeg called Rindorach, proceeding upon a Contract of 
Wadset between him and the said David Spalding, dated i6th May 
1715." 

" Renunciation and Discharge of the said Wadset by the said 
John McKenzie, dated May 15th 1722/' 

"Contract of Wadset between the said David Spalding and 
Andrew Stuart in Glenshee, by which David Spalding, wadsets to the 
said Andrew Stewart the Town and Lands of Craigdarg for 3080 merks 
Scots, dated 13th November, 17 19." 

** Discharge and Renunciation of a Wadset of Upper and 
Neither Spittals by the said John McKenzie, dated ist June, 1722." 

'* Disposition and Assignation of the said Wadset by the said 
Andrew Stewart to John Farquharson of Invercauld of the said Wadset, 
dated 6th July, 1722." 

" Contract of Wadset between the said David Spalding and the 
said John Farquharson whereby the said David Spaldin, Wadsets for the 
sum of jf 7633. 6. 8d. Scots the said lands of Glenbeg, Ridarach, Spittals, 
and astricted multures thereof, dated 2nd June 1722." 

"Charter of Resignation under the great seal thereupon in 
favor of the said John Farquharson, dated 26th July 1722." 

"Instrument of Sasine following thereupon in favor of the 
said John Farquharson, dated 5th and 6th March, 1722." 

" Ext. Disposition froin the said David Spaldii^ to the Duke of 
Athole of the lands of Sett Spittals with the Mills and Multures thereof 
&c, dated 3rd July 1727 and Registred in the Books of Session 28th 
November 1733." 

"Ext. Translation and Disposition from the said Duke of 
Athole to the said John Farquharson of the said lands and others, dated 
26th April 1732, and Regd. in the Books of Session ist February 1733." 

" Declaration regarding the division of the Tax ward duties of 
the said lands by the Duke to the said John Farquharson, dated 7th 
September 1733." 

" Disposition and Assignation from Andrew Spaldin of Glenkilray 
to the said Duke of the Multures and Sequels payable for the lands of 
Baochdaig at the Mill of Enoch, dated 19th December 1733.'' 



ESTATE PAPERS: SOLERIES. 211 

" Disposition and Assignation thereof by the said Duke to the 
said John Farquharson, dated 24th December 1733." 

" Bond of Thirlage by Andrew Spaldin of Glenkilray to the 
said John Farquharson, astricting the lands of Corridow and Dalhingain 
to the Mill of Spittal, dated 6th Septembr. 1733." 

" Approbation thereof by Alexr., Robert, and David Keas, dated 
23rd May and ist Augt 1739." 

** Instrument of Sasine in favor of the said John Farquharson in 
the Superiority, Dalmunzie, Leonachbeg, Coul, Glentatnick, Couthills &c. 
proceeding on a Disposition from the Duke of Athole, dated 26th 
Novemr. 1732." 

In the Deed of Entail these lands are thus entered : — 

" All and whole the Town and Lands of Upper and Nether Spitalls 
with the Mill thereof mill Lands, multures, and sequels of the same, as 
well the multures and sequels of the same lands of Bruchdarg, Dalhin- 
gean and Corieton as the other multures and sequels thereof conform to 
use and want, and with the crofts called the Chappel Crofts in the Glen 
commonly called Glenbeg which comprehend the Town and Lands of 
Rydareich, Craigderg and Legamar with the shealings of Reichorsh and 
grass Glens of Glenbeg, Town and Lands of Cammis, the Town and 
Lands of Tommaherra, the Lands of Dalhangean with the houses, 
Biggings, yards, Orchyards, Glens, Grazings, shealings, mosses, muirs, 
meadows, commonties, common pastarage, and woods upon Uie said 
Lands, salmon fishing, and other fishings thereto belonging, together with 
the right and privilege of free forestrie within and so far as concerns the 
bounds of the particular lands above mentioned lying within the Barony 
of AshintuUy." 

SOLERIES, 

" Ext. Disposition from William Farquharson of Bruxy to James 
Farquharson of Invercauld of the lands of Soleries, Tompkin, and others 
and Glentatnick, with the Patronage of Kirkmichael and Teinds and 
Balmaomchie which had formerly belonged to Robert Mcintosh of 
AshintuUy and had been purchased at a judicial Sale of his Lands by 
James Rutherford W.S. from whom William Farquharson derived right 
and which contains an Assignation to the unexecuted Procuratory of a 
Crown Charter in favor of the said James Rutherford, dated and 
R^[istred in Books of Session, 6th March 1783." 



212 RBCORD8 OF INVERCAUUX 

*' Instrument of Sasinb following therecm in fawr of the said 
James Farquharson, dated and Recorded at Perth 17th March 1763." 

As entered in the Deed of Entail the property is thus described : — 

" All and Whole the Towns and land of Soleries, Tomkin and others 
as poss^sed by John, Duke of Athole feuar of the same and his Tenants 
the Lands of Over and Neither Tomnamoan and Cults as possessed by 
John Keay and Andrew Rattery Feuars thereof and their Tenants and 
also the Glen called Glentatnick with tiie whole privil^es and pertinents 
of the same possessed by Invercauld and his Tenants; Together also 
with the advocation, Donation and right of Patronage of the Parish 
church of Kirkmichael with the Teinds parsonage and viccarage of the 
same and whole parts, pendicles, pertinents of the said Lands which were 
all parts and portions of the Barony of Ashintully and Further." 

The above papers record the manner in which the Invercauld Family 
came into possession of this property. 

The earlier documents rq^arding it are contained in the Writs of the 
Barony of Ashintilly, and the following. 



II.— LANDS HOLDING of the DUKE of ATHOLE: 

BINZEAN MOR. 

There is an Instrument of Sasine on these lands with a duplicate 
thereof as early as November, 1583, but no other writ till the following : — 

" Charter of Confirmation by the said Duke of Athole in favor 
of James Shaw of said Lands, dated 26th July 1768." 

" Ext. Disposition from said James Shaw to John Robertson of 
Cray of said Lands, Dated 2nd December 1769 and R^stered at Perth 
7th December 1769." 

*• Ext. Disposition from said John Robertson to Robert Mcintosh, 
advocate: Dated 4th and R^ister^ at Perth 8th December 1769." 

" Disposition and Assignation from James Rutherford W.S. who 
had acquired right to the said Lands as purchaser at a judicial Sale of 
the said Robert Mcintosh's Lands, to James Farquharson, dated 8th Augt 
and Regt in the Books of Session 21st Novemr. 1783." 

" Charter of Sale of the Superiority of the said Lands of Bimcean- 
more from William Farquharson of Bruxy, the liferent superior, with 
consent of the Duke of Athole the fiar thereof, to the said James 
Farquharson proceeding upon the narrative of the said Disposition from 
James Rutherford, dated nth February, 1785." 

"^ Instrument of Sasine thereon, dated 28th February and R%d. 
at Perth 7th March 1785." 

The Deed of Entail (1788) thus describes these lands :— 

'^ All and haill the equal half of all and sundry the Lands of Meikle 
Binzean otherwise called Binzeanmore extending to a two merk land of 
old extent, with Tofts, Crofts, houses, Biggings, 3rards, annexis, connexis, 
and pertinents as sometime possessed by Walter and Henry McKendricks, 
and being the two merk shedow land thereof.' Excepting therefrom that 
part of the said lands called Balnald lying next the sun ; and sicklike 

I " Shedow famd " is the ezpreanve description of a northern exposure, while '' next the son " 
is sbnikrljr dcscriptite of a soothem cj^osose." 



214 RECORDS OF INVERCAULD. 

that quarter or fourth part of the said Lands of Meiklebinzean with Tofts, 
crofts, houses, Biggings, and yards sometime possessed by David Webster 
excepting that part thereof called Balnald, all lying within the Barony of 
Middle Doumey and shire of Perth, and all and haill that merk land ot 
the said Binzeanmore possessed by Donald Robertson of Stronymuick 
and his subtenants with houses, Biggings, yards, crofts, woods, gnuings, 
shealings, parts, pendicles and pertinents whatsoever lying within tibe 
parish of Kirkmichael and shire of Perth." 



CORRIEVOICH. 

There are no old Writs regarding this small property, and the 
following are the only extant papers : — 

''Disposition from Alexander Robertson ot Straloch to James 
Farquharson, of the Glen and Grazings of Coryvoich, dated 26th August 
1771." 

" Inst, of Sasine thereupon in favor of James Farquharson, dated 
25th December 1772 and R^d. at Perth, Sth February 1773." 

The Deed of Entail gives the following description : — 

'' All and whole the Glen, Grazings, and shealings of Coryvoich with 
the pertinents lying in the Parish of Kirkmichael, head of Glenbeg, and 
sheriffdom of Perth. All and haill that shealing, or grass room, in 
Glenb^, called Rienakeackra, with the pertinents formerly annexed and 
pertaining to the Lands of Dabulzlan, which belonged to Thomas Ratery 
of Dabulzlan, lying within the Barony of Dunkeld and sheriffdom of 
Perth." 

REINAKECHRA. 

This small property was acquired at the same time as Corrievoich, 
and was held under the same tenure. 

''Disposition from Thomas Rattray of Dalrulzean to the said 
James Farquharson of the Land of Reinakcchra, dated gth March 1771." 

" Instrument of Sasine thereon, dated 2Sth December 1772, and 
Regd. at Perth Sth Feb. 1773." 

There is no separate entry in the Deed of Entail 1788. It is there 
ncluded under the designation of the Spittals. 



III.— LANDS HOLDING OF NAUGHTON : 

ISLE OF DRUMMY. 

Like the two last mentioned properties, the Isle of Drummy passed 
into the hands of the Invercauld family as follows : — 

"Feu Disposition from James Morrison of Naughton to James 
Farquharson of Invercauld of the Land called Isle of Drummy and 
Teinds. Dated 19th June 1781." 

**lNST. OF Sasine thereon, dated 30th June and R^istred at 
Perth 3d July 178 1." 

The entry in the Deed of Entail is as follows : — 

*' All and haill that piece or parcel of Land called the Isle of Drummy 
consisting of nine acres or thereby being part and pertinent of the mains 
of West Drummy belonging to James Morrison, lying on the west side of 
the Water of Eright, bounded by the said Lands of Rochallie and mill 
Town of Mause on the north west and south, and by the said water of 
Eright on the north and east, with the whole parts, pendicles, privil^es 
and pertinents thereof, and Teinds great and small of the same lying 
within the Parish of Renochy and shire of Perth." 



IV.— LANDS HOLDING NOW (1803) OR FORMERLY 
OF GENERAL GRAHAM OF BALGOWAN. 

CAIRNBUTTS. 

"Disposition from Chas. Husband of Upper Balcaim to James 
Farquharson of Invercauld of those parts of the Lands of Balcairn called 
Cairn Butts, dated 14th Octr. 1762." 

" Inst, of Sasine thereon in favor of the said James Farquharson, 
dated 14th Octr. and regd at Perth 27th Nov. 1762." 

This was a property adjoining Invercauld's estate of Kinloch, and is 
thus entered in the Deed of Entail 1788 :— 

** All and haill these parts of the Lands of Upper or Over Balcaim 
called Caimbutts and twelve riggs of Land lying immediately north and 
adjacent to Invercauld's Quarry upon the Lands of Kinloch, bounded 
and marched in manner mentioned in his Title Deeds of the same lying 
within the Parish of LinduiT or Kinloch and sheriiTdom of Perth, with the 
privilege of casting, winning, and away taking peats and Tufts in and out 
of the moss and muirs of Cochrage in the same manner as the Tenants 
and possessors of the Lands of Overbalcaim were, and presently are in 
the use of doing." 

CAMMIS. 

This, as well as the property of Thomb, were held in superiority by 
John Farquharson of Invercauld from about the year 1736, who had 
acquired it along with that of the Barony of Ashintully. There was much 
controversy about this Superiority, but it was finally adjudged to 
Invercauld 

The papers r^farding it are as follows : — 

" Feu Charter from John Wymess of Wymess in favor of Patrick 
Mcintosh in liferent, and his son, Peter, in fee, of the Town and Lands of 
Cammis, dated 27th November 1599." 

" Instrument of Sasine therein, 25th Deer. 1599-" 



ESTATE PAPERS: CAMMIS. 21/ 

" Charter by the said Patrick Mcintosh and his wife in favor of 

Patrick Mcintosh, his son, and Isabella, daughter of Wm. Farquharson of 

Cularith,! dated 21st July 162 1, in implement of a Contract of Marriage 

between the said Patrick and Isabella to be held blench of the Granter." 

"N.B. In this Charter the lands are said to have been 

formerly part of the Barony of Wemyss, but are now part of the 

Barony of AshintuUy." 

" Charter in the same terms to hold of the Granter's Superior." 

" Charter of Confirmation from David Spaldin of AshintuUy of 
the said Writts in favor of the said Patk. Mcintosh and Spouse, dated ist 
Augt 162 1." 

^ Inst, of Sasine in favor of the said Patrick Mcintosh and Spouse, 
proceeding on the first of these Charters, dated 21st July and R^d. at 
Perth 4th Septemr. 1621." 

" Precept of Clare Constat by Andrew Spaldin of AshintuUy 
for Infefting Alexander Mcintosh as heir to his said father, Patrick, in 
the said Town and Lands of Camis, dated i6th Octr. 1662." 

** Inst, of Sasine therein in favor of the said Alexr. Mcintosh, dated 
26th Oct 1662." 

" N.B. Alexander Mcintosh had afterwards in 1700, resigned 
the said Lands in the hands of AshintuUy, the Superior, ad 
remanentianty and David Spaldin, son of the said Andrew Spaldin, 
afterwards disponed (of them) to Patrick Mcintosh, Grandson of 
the said Alexr. Mcintosh, by the following Deed " : — 

"Ext Disposition and Retrocession by David Spaldin of 
AshintuUy in favor of the said Patrick Mcintosh, dated 4th February 
1708, and R^d. in Books of Session i8th January 1728." 

" iNST. OF Sasine proceeding therein in favour of the said Patrick 
Mcintosh, dated 28th December 1721." 

" Ext. Disposition from the said Patrick Mcintosh with consent of 
his Mother in favor of Lauchlin Farquharson of Binzean, dated 2Sth May 
1727 and R^d. in Books of Session 27th January 1732." 

** Inst, of Sasine therein in favor of the said Lauchlin Farquharson, 
dated 2Sth May and Regd. at Perth 3rd July 1727." 

I Wmiun Farquharson of Cularith is William ot Coldrach, son of Donald of Castletown or 
Uooaltfie, who was the progenitor of numeroos septs, of his dan. William married a daughter 
and heiresa of an older lamily of Farquharsons of G>ldradi, and thus obtained her estate. Sm 
oHicU on Coldnuh, 

£E 



2l8 RECORDS OF INVERCAULU 

« Precept of Clare Constat from John Farquharson of Inver- 
cauld, therein designed superior of the said Lands, as heir to the said 
Alexander and Patrick Macintoshes, dated 7th Decemr. 1738." 

« Instrument of Sasine therein in favour of the said Elspet 
Mcintosh, dated 8th Decemr. 1738, and Regd. at Perth 2nd Jany. I739*'' 

"Charter of Resignation from the said John Farquharson of 
the said Lands of Camis in favor of William Farquharson of Binzean as 
disponee of his father, Lauchlin, proceeding upon the Procuratory in the 
Disposition from the said Patrick Mcintosh to the said Lauchlin 
Farquharson, Dated 7th Decemr. 1738." 

^ Inst, of Sasine therein in favor of the said Wm. Farquharson, 
dated 8th December 1738 and Regd. at Perth 2nd January 1739." 

THOMB OR THOM, 

This property followed almost the same fortune as that of Cammis. 
The Writs are the following : — 

'' Right of Reversion from Robert Malcolm and spouse to David 
Wemyss of Wemyss for £yx> of the lands of Thom, dated 31st January 
1550." 

" Feu Charter from John Wemyss of Wemyss to Robert Mcintosh 
and his spouse, All and whole the Town and Lands of Thom, dated 27th 
Novemr. 1599." 

" Inst, of Sasine thereon, dated 25 th December 1599." 

"Precept of Clare Constat from David Spaldin of AshintuUy 
for infefting Elspet Mcintosh in the said Lands of Thom as heir to the 
said Robert, her father, dated 8th August 1616." 

" Inst, of Sasine thereon dated 5th Oct 1616." 

*< Feu Charter from the said Elspet Macintosh with consent of 
her husband to Alexander Farquharson of Alinquhois (Allanquoich), 
dated 8th August 1616." 

" Inst, of Sasine thereon in favor of the said Alexander Farquhar- 
son, dated sth November 1616." 

^ Charter from the said Alexander Farquharson with consent of 
his wife and son to Alexander Wilson in Crandoich and his spouse and 
son, of the said Lands of Thom, dated 3rd November 1636." 



ESTATE PAPERS: THOMB OR THOM. 21$ 

" Inst, of Sasine thereon in favor of the said Alexander Wilson 
and Spouse and son, dated 22, June 1637." 

" Charter of Confirmation from David Spaldin of Ashintully of 
the said Charter from Farquharson of AUanquoich, dated ist December 
1637.'' 

" Charter by the said Alexander Wilson, alias Mackenzie, in favor 
of Duncan, his son, dated 31st Decemr. 165 1." 

" Precept of Clare Constat from Andw. Spaldin of Ashintully 
in favor of the said Duncan Mackenzie as heir to his father in the said 
Lands. Dated 4th Jany. 1664." 

" Inst, of Sasine thereon in favor of the said Duncan Mackenzie, 
dated January 1665." 

" Precept of Clare Constat by Andrew Spaldin of Ashintully 
in favor of John Mackenzie as heir to his . father, Duncan, for infefting 
him in the said Lands of Thorn, dated nth March 1689." 

" Disposition by the said John Mackenzie, alias, Wilson to William 
Farquharson of Kerro and Chas. Farquharson, his son, in fee of the said 
Lands of Thorn, dated i^th December 1696." 

" Charter of Resignation from Andrew Spaldin of Ashintully 
in favor of the said William and Chas. Farquharson, proceeding upon the 
Procuratbfy in the said Disposition from John McKenzie, dated 9th 
May 1698." 

*' Inst, of Sasine thereon in favor of the said William and Chas. 
Farquharson, dated 5th Oct 1705." 

" Precept of Clare Constat from said David Spaldin of Ashin- 
tully for infefting Lauchlin Farquharson as heir male to his Brother, the 
said Charles Farquharson. Dated i6th Septemr. 1726." 

" Inst, of Sasine thereon, dated 27th October and Regd. at Perth 
2d Novemr. 1726." 

•* Precept of Clare Constat from John Farquharson of Inver- 
cauld, Superior of the said Land, for Infefting -William Farquharson 
therein as heir to the said Charles and Lauchlin Farquharson, dated 7th 
Decemr. 1737." 

** Inst, of Sasine therein in favor of the said William Farquharson, 
dated 8th Decemr. 1738, and Regd at Perth 2d January 1739." 



220 RECORDS OF INVERCAULD. 

"Disposition from the Duke of Athole to the said Lauchlin 
Farquharson of the Teinds of Binzean, Tombs, and Combs, dated 2ist 
Augt. 1729." 

" Inst, of Sasine in favor of the said Lauchlin Farquharson of the 
Teinds of Binzean, Thom, and Camis, proceeding on the said Disposition, 
dated 9th Septr. and Regd. at Perth 15th Oct 1729." 

" Ext. Disposition by the said Lauchlin Farquharson to William 
Farquharson, his son, of the lands of Binzean, Binzeanmore, Thom, and 
Camis. Dated 25th February 1734, and Roistered at Perth 12th 
February 1735." 

" N.B. No Teinds conveyed." 

"Disposition of the said Lands of Thom and Camis with the 
Teinds from the said WiUiam Farquharson with consent of his Spouse, 
and also by the said Elspet Macintosh to James (John) Farquharson of 
Invercauld, dated 5th and 7th Decemr. 1738." 

" Inst, of Resignation ad retnanentiam of the said Lands and 
Teinds in the hands of the said John Farquharson, proceeding on the 
Procuratory in the said Disposition, dated 6th Decemr. 1738, and 
Registred at Perth 2d January I73(^" 

CUTHILL. 

These Lands are thus described in the Deed of Entail, 18 11 : — 

" All and whole the Four pound Lands of Cuthill, of old pertaining 
to John Stewart of Duntatick, with the pertinents thereof, common ty of the 
privilege of Grazings, shealings, and feual belonging thereto on the south 
side of Glentatnick, as was possessed by the Tenants of the authors of 
James Farquharson late of Invercauld before the sale of the said Lands 
of Cuthill in manner used and wont As also All and Whole the Lands 
of Skerraval in Glentatnick, extending to two merk Lands with parts, 
pendicles, glennings, shealings, and pertinents thereof whatsoever with 
the Teinds great and small personage and vicarage of the Lands above 
mentioned, with the whole parts, pendicles, and pertinents thereof, all 
lying in the Barony of Middle Dounie, Parish of Kirkmichael and sheriff- 
dom of Perth, with the right and liberty to the said James Farquharson 
and his foresaids and to their Tenants, Cottars and Dependents on the 
said Lands and others above described of casting Peats for the use of 
their families only in the mosses of Inveriddare, they being always 
obliged to cast said Peats without injuring the Pasture of the said farm, 
and the said privilege being to be exercised in so far only as the same has 
been heretofore enjoyed" 



ESTATE PAPERS: CUTHILLS AND SKERRAVAL, ETC. 221 

In reference to this description there is this marginal note 

" Note, The Property of these Lands not included in the Entails 
are held in fee simple." 

CUTHILLS AND SKERRAVAL, Etc 

The Writs are as follows : — 

"Ext. Inst, of Sasine of said Lands of Cuthills, Skerraval and 
others with the Teinds and pertinents, In favor of John Macintosh of 
Dalmunzie, Esquire, dated 28th September and recorded in the Particular 
Register of Sasines for the shire of Perth 7th October 1757, proceeding 
upon a precept of Clare Constat, granted by James Farquharson, Esq. 
of Invercauldy Superior of the said Lands, in favor of said John 
Macintosh as nearest and lawful heir of Lauchlin Mcintosh of Dalmulzie, 
his father, and Robt Mcintosh, his Grandfather, which precept is dated 
17th May 1757." 

** Decreet of Certification in the Ranking and Sale at the 
instance of Simon Frazer, Merchant in London, and John Frazer, Esqr. 
his factor, against said John Mcintosh of Dalmunzie, merchant in London, 
and his Creditors, dated lOth Feby. 1778." 

" N.B. It appears from the above Decreet of Certification that 
Mr. Fraser, the Pursuer of the Sale, had obtained a Decreet of 
Adjudication against the Lands of Cuthills and others, in Security 
and payment of certain debts due to him, which is dated 7th 
December 1774." 

" ExT. Heritable Bond by the said John Mcintosh of Dalmunzie 
to Mrs. Catherine Stableton of Bolton Street, Westminster for ;f 3,000, 
over the said Lands of Cuthills and others bearing date the 8th August 
1772, and recorded in the Books of Session, 23rd Novemr. 1775." 

" Inst, of Sasine in favor of the said Mrs. Catherine Stableton 
following on the said heritable Bond, dated the 15th and recorded in the 
Particular Roister of Sasines for the County of Perth, 17th Augt 1772." 

" Ext. Disposition and Assignation by the said Mrs. Catherine 
Stapleton to Adam Drummond, Esquire, of Meginch, of the said 
heritable Bond bearing date, 24th Feby. 1773, ^^^ Recorded in the Books 
of Session, isth Septemr. 1775." 

"* Inst, of Sasine following on the said Disposition and Assignation 
in favors of the said Adam Drummond, dated the 4th and Recorded in 
the Particular Kegr. of Sasines for the Shire of Perth, 7th Septr. 1775;* 



222 RECORDS OF INVERCAULD. 

*' Decreet of Sale of the Lands of Cuthills and Skaraval, and 
others, in fkvor of the said Simon Frazer, dated 2ist January 1783." 

'' Act approving of the Division of the price of these Lands &c^ 
dated 24th February 1784." 

" Ext. Disposition by the said Simon Fraser to John Frazer, W.S. 
containing an assignation to the Dect of Sale of said Lands of Cuthills, 
Skeraval and others. This Disposition bears date 13th March 1783, and 
is Recorded in the Books of Session i8th March 1801." 

" Disposition and Assignation by said John Frazer in favors of 
Sir William Murray of Achtertyre, Baronet, of the said Lands of Cuthills, 
Skerraval, and others, and decreet of Sale thereof; the said Sir William 
Murray having granted security for payment of the price to the Creditors 
of the said John Macintosh ; which disposition and Assignation is dated 
8th April r783." 

"Ext. Commission by the said Adam Drummond to James 
Beveridge, writer in Edinburgh, dated the 27th January and recorded in 
the Books of Session Sth February 1784" 

" Discharge and Conveyance by the said James Beveridge as 
Commissioner foresaid, of the foresaid heritable Bond. To, and in favor 
of, the said John Frazer, dated loth Augt. 1784." 

" Ext. Conveyance by the said John Frazer to the said gir Wm. 
Murray of the foresaid heritable Bond and transmissions thereof, dated 
the 8th day of March 1787 and Regd. in the Books of Council and 
Session nth March 1801. 

" Note. This heritable debt is kept up by Assignation in 
further security of the Purchasers* right to the lands ; and in the 
after conveyances the Debt is transmitted in the same Deed with 
the Lands." 

"Discharge Disposition and Assignation of the said Simon 
Frazer to the said Sir William Murray, dated i6th Septemr. 1784" 

•'Ext. Disposition and Assignation by the said Sir William 
Murray of the said Lands of Cuthills, Skeraval and others, Decreet of 
Sale, and heritable Bond, and transmission thereof in favors of William 
Honey man. Esquire, advocate, dated i6th May 1787 and Recorded in 
the Books of Session, 13th Septr. 1796." 

" Ext. Disposition by the said William Honeyman with consent 
of the said Sir William Murray of the said Lands of Cuthill and Skerval 
and others, Dect of Sale and Heritable Bond in favors of James Murray 
Esqr., Sheriff Clerk of the shire of Perth, dated 25th Septemr. and loth 
October 1797 and Recorded in Books of Session 18th March 1801." 



ESTATE PAPERS: CUTHILLS AND SKERRAVAL, ETC. 223 

" Ext. Disposition by the said James Murray of the said Lands of 
Cuthilis, Skeraval and others and of the said Decreet of Sale and heritable 
Bond To and in favor of James Gibson, Esqr. W.S., dated 8th March 
1799, and Recorded in the Books of Sessions, i8th March 1801." 

*' Charter of Sale of the said Lands of Cuthilis, Skaraval and 
others by James Farquharson, Esq. of Invercauld the Superior in favor of 
the said James Gibson, dated 14th Novemr. 1803." 

" Ext. Disposition by the said James Gibson, W.S. (dated 14th 
November) to the said Brigadier General Wm. Robertson of Lude, John 
Ha^^rt, Esquire, of Cairmuir, advocate, and William Dallas, W.S. of the 
said Lands of Cuthill, Skeraval and others, and of the foresaid heritable 
Bond and Transmission thereof; which Disposition contains an Assig- 
nation to the unexecuted Precept of Sasine in the above Charter of Sale, 
and is dated 15th November 1803, and Recorded in the Books of Session, 
25th May 1804." 

''Note. It having been afterwards found that the above 
Disposition contained too many words on one sheet, a supplemen- 
tary Disposition was granted as stated below." 

''Inst, of Sasine in favors of the said Brigadier General 
Robertson and Messrs. Hs^art and Dallas, following upon the Precept 
of Sasine contained in the said Charter of Sale, and Disposition and 
Conveyance thereof by the said James Gibson in their favor, dated the 
loth and recorded in the General Register of Sasines at Edinburgh 14th 
Deer. 1803." 

"Supplementary Disposition by said James Gibson to said 
Colonel now Brigadier General Robertson, dated 7th Septemr. 1807." 

" Inst, of Sasine following upon the Precept in the said Charter 
of Sale, and the said Supplementary Disposition, dated 15th and 
recorded in the General Raster of Sasines at Edinburgh 29th Septr. 
1807." 

''Search of Incumbrances affecting the said Lands of Cuthilis, 
Skeraval and others, in the Genl. Register of Sasines, the Particular 
Register of Sasines, the General Register of Inhibitions, and the 
adjudications down to 30th June 1807." 

"Disposition from the said General Robertson and others ToCapt 
James Farquharson of said Lands, dated 28th Octr. and nth Novemr. 
1807." 

"* Inst, of Sasine thereon, dated 29th August and Regd, in Genl. 
Regt of Sasines 12th Septr. 1808/' 



224 RECORDS OP INVERCAULD. 

" Charter of Confirmation and Precept of Clare Constat from 
Mrs. Farquharson of Invercauld in favor of James Farquharson her son, 
dated 19th Feby. i8ia" 

'* Inst, of Sasine thereon, dated loth and Recorded in Edinbui^h 
22nd July i8ii." 

The young Laird of Invercauld mentioned in the above Charter of 
Confirmation, was scarcely two years old when his mother made over 
these lands and others for his maintenance. She died 27th Feb. 1845, 
and he November 20th, 1862. 

MILTOWN OF MAUSE. 

This property, though not of great extent, had been held as a 
separate estate from an early period in the seventeenth century. 

In the Entail of 1811 it is thus entered : — 

" All and haill the town and tiends of Wester Milltown of Mause 
with that pendicle of Easter Milltown called Pickstane and the Two Butts 
of Land called Dunns Butts with the pertinents thereof lying within the 
Parish of Blairgowrie and shire of Perth," 

The Writs rq^arding it are the following : — 

" Inst, of Sasine In favor of George Halliburton as heir to his 
father Thomas, proceeding on a Precept of Clare Constat granted by the 
Commissioners of Andrew Gray of Drumally in the said Lands, dated 
30th Nov. 1639." 

** Charter from the said George Halliburton to George, his son, and 
his spouse, of the one half of the said Lands, dated ist October 1647. 
To be holden a ffte" 

" Charter of same date and Terms to be holden de nur 

" Inst of Sasine thereon, dated March 165a" 

" Disposition by Geoi^e Halliburton to Thomas, his son, of the 
whole of the said Lands, dated 6th Augt 1669." 

" Charter in implement thereof of same date and confirmed on the 
back by Andrew Gray the superior thereof." 

" Inst, of Sasine thereon, dated 2Sth November 1669." 

" Disposition by Thomas Halliburton to John Morgan of Overmil- 
town of the said Lands and others, dated 30th Novemr. 1671." 



ESTATE PAPERS: TEINDS. 335 

^ Charter in implement thereof, dated ist April 1672, to be holden 

''Obligation from George Halliburton to Paul Farquharson^ to 
remove from the said Lands in Terms of the Sale made by him to the 
said Paul Farquharson." 

" Inst, of Sasine in the said Lands in favor of the said Paul 
Farquharson proceeding on a Contract of Sale between him and the said 
John Morgan with consent of the said James, Henry, and George Halli- 
burton, dated i6th May 1675, the Sasine is dated the 27th March 1680." 

" Charter of Confirmation from Sir James Ramsey of Banf, 
the Superior, in favor of the said Paul Farquharson confirming the said 
rights, dated 13th May 1708." 

" Inst, of Sasine thereon in favor of the said Paul Farquharson, 
dated 25th Septemr. 1708." 

^ Precept of Clare Constat from Thomas Graham of Balgown 
for infefting the said Finlay Farquharson, in the lands of Wester Milltown 
and Pickstone, as heir to his Grandfather, the said Paul Farquharson, 
dated 12th Septemr. 176a" 

" Inst, of Sasine thereon, dated isth Septemr. 1761." 

''Charter of Resignation from the Commissioner for Thos. 
Grahame of Balgowan in favor of said James Farquharson of the said 
lands of Wester Miltown of Mause and Pickstone proceeding upon the 
Procuratories contained in the Disposition from Finley Farquharson, 
dated 13th May 1760, and the Contract of Marris^e, Dated 31st Augt 
1765, and the Ratifications thereof, dated 12th April 1777." 

** Inst, of Sasine thereon in favor of the said James Farquharson, 
Dated i6th and Rq^istred at Perth 21st June 1777." 

TEINDS. 

There are several papers r^arding teinds separate from the incidental 
notices contained in the assignations and sales of properties. These writs 
relate chiefly to the teinds of the united parishes of Glenmuick, TuUich, 
and Glengaim in Aberdeenshire, and Kinloch in Perthshire. They are 
of some ecclesiastical interest, and may be briefly referred to. 

I Pknl Faiqnluuraon here mentioned was the Ldrd of Rochillie alremdy referred to, and 
Finlay was his gnndson, and last proprietor of hit fiunilj of this estate, from whom it pasaed, as 
abo?e recorded, into the Invercanld Family. 

FF 



226 RECORDS OF INVERCAULD. 

^ 1st Decreet of Union, Provision, and Locality, to the 
Minister of Glenmuick, Glengarden and TuUich in 1618.** 

This Decreet bears the same date — 17th July, 1618 — as that for the 
union of the neighbouring parishes o( Logie and Coldstone, and is at the 
instance of the same parties, ** The Commissioners for the Plantation of 
Churches." This fact seems not to have been known to the writers of 
the Old and New Statistical Accounts; and their numerous followers 
since have taken it for granted that no record of the union of these 
parishes was preserved. 

"2d Disposition and Assignation of an Adjudication of 
a Tack of Teinds of Glenmuick and Glengarden by Maigaret 
Burnet and her husband, Dr. Leslie to John Gordon of Breuckley, 
dated i68a" 

This John Gordon was the son of the ^ Baron," who was slain by the 
"* Black Colonel " of Inverey in 1666. 

"3d Decreet of Prorogation of said Tackof Tdnds at 
the instance of Invercauld against the King's CoUq^ of Aberdeen 
in 1724." 

John Farquharson of Invercauld laid claim to these teinds as legatee 
of his late wife, Isabella Burnet 

"4th Assignation of a Tack of Teinds by Pittodrie to 
Farquharson of Cloak of the Lands of Aberarder and others, 
dated 28th June 1633.'' 

Farquharson of Cloak (Glenmillan in lAimphanan) was Robert (II.) 
of Invercauld, who had married Margaret Ersldne of Pittodrie, and 
through her obtained the tack of these teinds from his father-in-law, 
who had obtained them from his relative the Earl of Mar. This tack was 
granted the year following Invercauld's first charter over the lands of 
Aberarder in the parish of Crathie. 

" Sth Decreet of Valuation of Teinds of Lands in the 
said three Parishes (Tullich, Glenmuick and Glengaim) at the 
instance of Mrs. Farquharson against King's Collq^ &a, dated 
II June 1806.'* 

This step was rendered necessary to complete Mrs. Farquharson's 
infeftment in the property after the death of her father (1805). 



ESTATE PAPERS: TEIND& 227 

"6th Dect. of Valn. of Teinds of the Lands of Invercauld 
and others in the parish of Braemar at the instance of Mrs. 
Catherine Farquharson Agt The Earl of Fife and Minister of 
Braemar by which the stock and teind, parsonage and Vicarage of 
Invercauld's lands in the Parish of Braemar is ascertained to be 
;f9io 9 loj^ i, whereof for Teind is ;Ci82 i iif, dated 5th 
July 1809." 

The above Decreet seems to have been required to expede a Deed 
of Entail then in contemplation, and afterwards carried out in 181 1. 

«7th Decreet of Valuation of the Teinds of the Parish 
of Crathie, dated in 1635," 

supposed to be held valid for the same purpose. 

" 8th Decreet of Valuation of Teinds of the foresaid lands 
and of the Estate of Kinloch obtained at the instance of James 
Oliphant of Williamstown before the Lords Commissioners for the 
Plantation of Kirks and Valuation of Teinds, Agt the Moderator 
of the Presbytery — Agent for the Kirk and Officers of State, 
dated 24 Nov. 1697," 



FAMILY PAPERS. 

The Family Papers which have been preserved date back only to 
1559. Before that period, however, there are well established accounts of 
the conn^tion of the Farquharson family with Invercauld. Some of 
these have been referred to in the Gtmalogy of the claa What has been 
generally received as authentic commences with the histoiy of Findla 
Mor. 

There is more or less of legend associated with his parentage. His 
father, Donald (Farquhar Beg's son), is said to have married Isabel, only 
child to Stewart of Invercauld and Aberarder, and to have got with her 
the said lands. 

Burke states that he (Donakl), 

''In consideration of the eminent service he had rendered to the 
Crown, obtained considerable additions to his inheritance. He married 
a daughter of Duncan Stewart, of the family of Mar, and had a son 
and heir." 

Nisbet gives a similar account, and adds : — 

** His (Farquhar's) eldest son, Donald, married a daughter of Duncan 
Stewart, commonly called Duncan Downa Dona, of the family of Mar, 
and obtained a considerable addition to his paternal inheritance, for 
faithful service rendered to the Crown." 

This account is generally accepted by the various branches of the 
clan ; and seems to countenance the apparently rapid rise of the family, 
the Earldom of Mar being at that time attached to the Crown. It has, 
however, been questioned by an eminent clan genealogist, the late 
Andrew Farquharson of Whitehouse, who, in a letter to the Editor, 
affirms that Gordon of Cocklairachie was then Baillie or Commissioner 
to the Earl of Huntly (who had the administration of the Mar Estates), 
and resided occasionally at Invercauld. Mr. Farquharson also thinks 
that if Donald came into possession of that property through his wife, 
she must have been a Gordon, not a Stewart This statement, however, 
rests upon a slender foundation. 



FAMILY PAPERS: FINDLA MOR. 229 

The events in the life of Findla for which there is good authority, 
are not numerous, but are of some importance. Bom in, or about, the 
year 1484, he married for his first wife a daughter of Stewart of 
Kincardine on Spey, and had with her a family, according to a 
genealogical table preserved at Invercauld, of at least four sons, all of 
whom were settled in the south country. He married for his second wife 
Beatrix, daughter of George Garden of Banchory, and had by her the 
five sons mentioned in the Genealogy. Burke confuses these two families 
by erroneously stating that Beatrix Garden was his first wife, which she 
could not have been, seeing, according to his own and the generally 
received account, she married John Robertson of Lude after Findla's 
death. 

The date of this second marriage, has not been ascertained, nor is 
any other circumstance in his life recorded till that which led to his 
death at the battle of Pinkie in 1547, as already noticed in the Genealogy 
(p. 6). According to the same account he was succeeded by his son, 

William, who died without issue-— date not recorded. 

Robert I. succeeded his brother. 

A relative, Donald Farquharson, styled of Tillygarmunth,' is the 
first descendant of Findla Mor of whom we have any documentary 
account The paper regarding him is fully recorded in the " Records of 
Aboyne,"//. /7p-/<?/, and need not be inserted here. It is in subststfice 
a mutual bond of maintenance between George, Earl of Huntly, and 
Donald Farquharson of Tillygarmunth, dated 14th October, 1559. 

Till}^garmunfh was then a small property near Finzean, in the parish 
ofBirse. 

The events in Robert I. of Invercauld's life are briefly noticed in the 
Genealogy. There are no family papers r^arding them, nor any of that 
period till the following : — 

1 Mr. C F. MicVfatoth iA]n, od the aoUwiity of a bond entered into "at Invercauld the 
last day of March in Uie year of God 1595," that Donald Farquharson of Tilligermont was brother 
to John of Invercauld, and even ventures the assertion that he was his elder brother, for which he 
pves no authority. That he was his brother is very probable, though his name as sndi does not 
appe» ia any of the Gencalogjet— ifsngr Si^efCkm CJUUtan, /. /^ 



230 RECORDS OF INVERCAULD. 

"^ A Mutual Bond of maintenance between the Farquharsons and 
Shaws. John Farquharson of Cloak and Tillygarmunth for the whole 
kin and surname of Farquharson on die one part, and Donald Schaw 
within the bounds of InchegauU on the other, narrates that their sundiye 
and divers aiges by gane past memorie of man, baith the saidis parties 
his throche remotnes and distance of thair dwelling places bein' ignorant 
of otheris or of thair friendschipe sua that the consanguinite betwixt them 
till now has been altogether obscure, and seeing the saidis pairteis and 
friendis acknowledges them selffes to be of one blood and to be cum of 
one stock and race, so that of all equitie and conscince friendschipe and 
amitie sould be keipit and interemit amangis them, therefore they for 
themselves and their kind bind themselves to maintain, seccour, and 
defend each other in all honest and reasonable causes." 

The bond is dated at the kirk of Kindrocht (Braemar), 8th August, 
1625, and is subscribed by John and Donald Farquharson, and by a 
notary for Donald and John Shaws, who declare that they cannot write. 

The witnesses are Robert Farquharson of Finzeane, Paul Makquein 
of Raik, Robert Farquharson appearand of Cloak, and Alexander 
Farquharson of Lome. 

Much may have happened in the succession to the property ot 
Tillygarmunth in the interval between 1559 ^^^ i^^Si ^ut it is certain 
that at the latter date it formed, along with Cloak (Glenmillan) in 
Lumphanan, a part of the estate of John Farquharson of Invercauld. 
The subscribers to the bond on the part of the Farquharsons are John of 
Invercauld, and his cousin, Donald of Castleton. The Shaws were not 
able to write — such was the state of education in the Western Isles! 
The witnesses do sigfn fairly well. It is to be noted that two of them — 
Robert of Finzean, and Robert (son of John) '' appearand " of Cloak — are 
descendants of Findla Mor's second marriage, and the other two are 
presumably his descendants by his first wife, and had their properties in 
Perthshire. Su Estate Pafiers, Camis and Tombs. 

The traditions of the Farquharsons represent them *' as a branch of 
the Shaws settled around Rothiemurcus, on the Spey." The document 
now recited, while recognising this clan belief, brings to notice a sept of 
the Shaws in the Lewis, and points at the existence of others of the name 
in the islands of the Hebrides, which was spoken of as " Inch^;aull," the 
term used to designate them in the early chronicles. See Dr. Stuarfs 
notice. 



FAMILY PAPERS: JOHN I. 23 1 

" Commission by John, Earl of Marr, to Thomas Erskine of Pittodrie, 
John Farquharson of Invercauld, and Robert Farquharson of Aberarder, 
to be his baillies within the bounds of Braemar, Strathdee, Glengarden, 
and Cromar. Dated at Stirling, 4 April 1635." 

** Obligation by Gregor McGregor, in Gawlei^e, that in respect he 
had received from Robert Farquharson of Invercauld the persons of 
Donald McLauchlane vie Roy and Duncan bane McKoilly vie Ian vie 
Aulay, Servitors to Alexander McDonald of Keppoch, who had been 
imprisoned within the * chemiese * of Kindrochat ; therefore if either of 
these prisoners should do anything prejudicial or hurtful to any person 
dwelling above Culbleen, in their persons, goods or gear, he, the said 
Gr^or, should be bound to present them within the said * chemiese ' (or 
castle) of Kandrochat, on fifteen days' warning, under a penalty. Dated 
at Invercauld, 23 May 1648." 

The servitors to Keppock were caterans that had been apprehended 
when on a spuilzie ; and McGregor had become bail for their appearance. 

From the numerous bonds of maintenance and association for defence 
into which John Farquharson of Invercauld entered, it would appear that 
his friendship was much sought after by the heads of other Highland 
clans, and that he was a man of much influence amongst them. This 
was also reo^^nised by the Privy Council, who in 1641 issued 

A '' Commission to him for a certain sum of money, to defend the 
Sherifidoms of Angus, Meams, Aberdeen and Banff (which were the 
counties in which they did most injury and oppression) for a year to come 
from all reif and spulzie ; and what was taken by thir robbers from them, 
he was obliged to repay the same to the complainer within the space 
foresaid." 

This was very much the same charge as had formerly been entrusted 
to the Master of Forbes ; but Invercauld discharged it with some effect, 
for he kept the caterans more in check than they had been for several 
years before. 

It is to this period of his jurisdiction that the traditions of those 
numerous skirmishes with the freebooters of Lochaber for the recovery of 
stolen cattle is to be referred. Spalding, as already noticed, says that 
** for executing this ofHce the laird himself was appointed captain, and 
gathered together out of his own friends (his kinsmen and clansmen) and 
others about 250 men, and kept the said four shires both day and night 



ayt RECORDS OF IMVERCAULD. 

SO carefully that none suflered skaith, theft, or oppression, but lived in all 
peace and quietness." In this work, so dangerous, but so excellency 
performed, John of Invercauld was greatly assisted by his son, Robert, a 
man of great learning, valour and prudence. 

A Bond^ which may be noticed for the names it preserves, is thus 
docketted : — 

" Bond to George Meams in Christ's Kirk (now Leslie) for 70 lbs. 
13/4 with ane assignation on the end therof to Invercauld of Christ's 
Kirk, or Rathmuril." 

Rathuril was an ancient parish now forming part of KennethmonL 
It is supposed by some antiquaries to be the scene of the famous poem 
of ** Chryste's Kirk on the grene," by James I. of Scotland. 

Commission by King Charles 

In favour of Robert Farquharson of Invercauld, 

for trying certain caterans. 

''Charles R, 

^ Charles by the grace of God King of great Brittane, flfrance and 
Ireland, defender of the faith, To all and sundrie our lieges and subjects 
whom it affiers and to whom this our seal shall come, greeting. 

''Forasmikle as Conell McEantach, Conell McEantach mor, Neil 
McEantach, Angus McEantach, his brother, Angus McGillavrach, Callum 
McAngus McAlister, and others, all broken men of the clan Cameron, 
came under cloud and silence of night, somers and oppressors, into the 
bounds and Lordship of Mar, being lodden in form of war with hagbuts, 
firelocks, targets and pistolls, reft and away taken the haill insight 
plenishine, goods and gair being in the town stent house of FQuharson, 
some of ttie said tanants having raised the alarm, and John Gordon in 
Glenbames hearing the same and having followed the said limmers a 
certain space, they turned upon him and so cruellie pursued him of his 
life that twa arrested and shot ane hagbut at him and hurt him deadly 
therewith in the arme, whereupon the crie being risen in the countrie, and 
sundrie gentlemen of the countrie having risen and followed the said 
limmers, in end they wer apprehended and delivered to Robt Farquhar- 
son of Invercalde, ane of the bailies of the said Lordship, who comitted 
them to ward in our cousin, the Earl of Mar's house where they presntlie 
remain, and whereat the exhibition of the said limmers before our justices 
to underly there triall and asmisthment will be verie fasheous and 
troublesome to the countrie, and hardlie will ane Assyse be gotten to put 



FAMILY PAPERS: JOHN L 233 

upon them at all. Therefore we think it more expedient for the ease of 
the countrey that they shall be tiyed at home wher they committed their 
soming. For the qth purpose we have made and constitute, and to the 
tenor hereof make and constitute our Provost of Aberdeen 
Areskine of Pittoddrie and the said Robt Farquharson our justices in 

that pairt to the effect underwritten and we ordane our 

said justices and commissioners to retume ane formale report in wrett 
under their hands of ther proceedings in this commission between 
and the day of next coming. Given under our Signet att Haly- 

rudhous this first day of November 1638. 
" Hamilton. 

Roxburgh, Linlithgow, Perthe, Wigtoun, 
Tillibardin, Hadin'ton, Annandall, Dumfries." 

There are several things worthy of notice in this Commission. It 
sets forth briefly but clearly the manner in which the caterans generally 
committed their depredations; it goes far to prove the truth of the 
tradition so long prevalent in Mar that the spoilers of the country mostly 
came from Lochaber, " Lochaber thieves" being proverbially the worst of 
their class ; and it throws some light on a custom peculiar (if we except 
fishermen) to the Highlanders of having a kind of personal surname. All 
these indicted persons were Camerons, yet not one of them was known 
by that clan name. In fact, the clan name had become so common, that 
it had ceased to be distinctive. It is also noticeable that though the baron 
and baron-bailie were said to have the power of pot and gallows, that was 
limited to their own vassals, for whose conduct they were responsible, 
and did not extend to those of another potentate. It brings out also the 
fact that all cases of this sort were tried in Edinburgh. When any of the 
McGregor bands were captured, they were sent to Edinburgh to be tried, 
and so of the other caterans. When it was found inexpedient to do this, 
a Special Commission, as in this case, was issued, appointing time, place, 
and Justices. The document is also interesting as containing the signa- 
tures of the Royal Commissioner and several members of the Privy 
Council of Charles I. in Scotland 

Farquharson of Invercauld (John) is one of the Lesser Barons who 
were bound to give attendance at the three Head Courts held by the 
Sheriff of Aberdeen. In the discharge of these duties, as well as in the 
management of the estate, he was from this time (1633) generally 
represented by his only son and heir, 
CG 



234 REOORDS OF IHVERCAULa 

John of Invercauld was succeeded hy his son, 

Robert II., of whom some account has already been given in the 
Genealogy and the Estate Papers^ which show how capable a man he was 
in the management of the family affairs. His connection with the fishing 
industry of the city of Aberdeen has also been referred to ; but, though 
now little remembered as such, it was as a man of literary tastes and 
sound judgment in public affairs that he was best known and esteemed 
in his own day and generation. 

" In 1634 Robert Farquharson of Invercauld and James Farquharson, 
W.S., are the Judges and Arbitrators named by Wm. Mackintosh of that 
Ilk while arranging the serious question with Grant, his late guardian, and 
the large sums claimed as owing to the Minor's estate. In 1643 the said 
William Mackintosh procures Robert Farquharson of Invercauld and 
William Mackintosh of Kelachie as cautioners for a pressing debt, and 
grants them security over his Lochaber estates." Mi$$or Septs^p. 150. 

Besides what appears in the family papers, several particulars regard- 
ing the life and transactions of this laird can be gleaned from other 
sources. He was evidently a man of business. We find him becoming 
cautioner for several parties, receiving money from some and lending to 
others. One instance is worth recording : — 

" John Farquharsone of Invercald be Robert Farquharsone appeirand 
thairof, his son, declarit that thair wes restand (due) to him be George 
Marques of Huntlie, upon the wodset of Abirgame — ^Xllm merkis." 
Sp. Club Misc^p. IJ2. 

It was, however, as a county gentleman that he was most conspicuous. 
We find him designing and carrying out several measures for the peace 
and good government of the country at a very critical period of its histoiy. 
He is one of eleven gentlemen appointed by the Government in 1643 ^ 
a '* Committee on Loan Monies and Taxations for the Shire of Aberdeen." 
They had the power to add to their number, and other eight were added, 
with one of whom, Arthur Forbes of Echt, Mr. Farquharson was closely 
connected by family ties. Sub-Committees were appointed for each of 
the Presbyteries within the county ; and for Kincardine O'Neil, Robert 
Farquharson of Invercauld, John Irwing of Beltie, and Arthur Forbes of 
Echt were selected. The duties entrusted to them were much the same 
as those afterwards discharged by the Commissioners of Supply, and 
more recently by the County Council. The oath required of them con- 
tained the following clause: — 



FAMILY PAPERS: ROBERT II. 335 



«1 



^I, . . • doe sweare and promise befoir God and the Com- 
missionaris to doe uprichtlie and impartiallie, according to my best 
knowledge and informatione," &c. 

At one of their meetings, held at Aberdeen on 6th January, 1644, 

"John Irwing of Beltie and Robert Farquharson of Invercauld, for 
themselves, and in name of Arthur Forbes of Echt, Valuatoris for the 
Presbytery of Kincardine, protestit that no homing pas against them for 
thair valuations in respect they have done lauchfull diligence '' &c. 

On the 20th of the same month 

•*Sir William Forbes of Cragywar and Robert Farquharson of 
Invercald wer licencied to depairt in respect they wer directed be the 
Committe of Warr to the Marqueis of Huntly, to speik and conferr with 
his Lordship tuiching sick bussines as ar committed to thair charge with 
provisione that qufaatsumevir beis concludit in thair absence be the 
present commissioneris of the valuations, the saids Sir William and 
Robert Farquharsone doeth homologate, allow, and approve, and sail sett 
thair handis thairto, quhaininto they did assent" Sp. C. Misc. 

This was an important commission. Warlike preparations were 
openly carried on by both parties — ^royalists and covenanters alike. The 
Marquis was as yet the recc^^ised head of the former, and Sir William 
and Robert Farquharson of Invercauld were in the county of Aberdeen 
the recognised representatives of the latter. The task entrusted to them 
was no light one. They were expected to induce the Marquis to desist 
from his opposition to their party, and to obey the orders from time to 
time issued by the Estates in Edinburgh. But so far were they from 
succeeding in their mission, that Lord Gordon, the Marquis's eldest son, 
hastened to Aberdeen and convened a committee of his own friends and 
supporters to supersede the Estates' Committee, and to bring in the rents 
and levy troops for the King's service. 

Soon after this Invercauld joined the other members of the Com- 
mittee, and met with his friends, ''Mr. Alexander JaiTray, John and 
Alexander JafTrays, his sons, well armed altogether, with swords, pistols, 
carabines and muskets, being for the most part all horsemen at the green 
of Udny" for the purpose of apprehending the Laird of Haddo, who 
had broken out in open rebellion against the Government Spalding 
gives rather a humorous account of the expedition He says : — 



236 RECORDS OF INVERCAULD. 

** They go to consultation (on the Green) and send before them the 
Sheriff depute, with John Spence, Rothsay hearld; David Kemp, 
messenger; and two notars with commission to charge such as were 
within, to render the house in the King's name, and the Sheriff followed 
with his company. Conform to the whilk commission they went forward 
and charged them within, being about forty men, to render the house, 
being but laigh bigging wherein Haddo dwelt It was answered the 
house pertain^ not to Haddo, but his son, to whom he had disponed the 
samen, and so could not with reason render the son's house for the father's 
fault ; and for his rents, goods, and gear, they were assigned to David 
Gordon and lawfully intimate. Then th^ charged them to open gates, 
whereby they might seek, search, take and apprehend that rebel, the laird 
of Haddo. They answered, he was not within, and for their better 
assurance keist open the gates and doors, and suffered none to enter but 
the foresaid Sheriff-depute, Rothsay, herald, David Kemp, messenger, and 
the two notars. They made a business (show or pretence) of searching 
the house, but missing him, they took instruments in the notar's hands of 
their diligence (!). Thereafter they drank kindly, and parted in peace, 
and came to the Sheriff and his complices, standing hard beside, and told 
what they had done. In the meantime, there was shot frae the place of 
Kelly, hard at their heels, ten or twelve hagbutts, whilk fleyed (frightened) 
all this people, and scattered them, so that ilk man took the gate, 
returning home but (without) more ado. It is said Haddo himself, with 
forty horse, was lying near hand at the back of a know, beholding the 
sport, but appeared not that day. 

** The Jaffrays paid for meat and drink coming and going to Aber- 
deen Tand of course Invercauld bore his share) and got little service. 
The sheriff seeing thir men break ranks at the shot of thir hagbutts, 
resolved to go no farther on, but to write to the estates, and show his 
diligence, as indeed he did, and so the matter ceased." 

It is not necessary here to trace the sad fate of the Laird of Haddo, 
an ancestor of the honoured President of the New Spalding Club ; that is 
recorded in our national history. 

Letter. 

(R^kmd Uim Dr. Siimfs Rtptrt). 

The following letter refers to the troublous times of Cromwell's 
invasion of Scotland, and explains to some extent Invercauld's attitude 
towards Montrose. The Protector had routed the Scottish army at 
Dunbar (3rd Sep., 1650). Another army had been collected and 
stationed at Stirling and Perth, the latter division having the King in 



FAMILY PAPERS : ROBERT II. 237 

charge, whom they crowned at Scone, on ist January, 165 1. The army 
at Perth was composed of both Royalists and Covenanters, the former, 
really predominating, being recruited largely from the Highlands. While 
Cromwell was preparing to attack the army at Stirling, vigorous eiTorts 
were being made by the Scots to strengthen their position and increase 
their forces by large levies in the North. 

It was in these circumstances that Robert of Invercauld addressed 
his feudal Superior, and they were but little changed when he received 
from him the following letter, addressed : — 

" My Much Respected and very Loving friend 
Robert Farquharson (II.) of Invercald." 

The original is preserved but it is much torn, and the ink so decayed 
as to be almost illegible. There is, however, a copy from which we 
quote : — 

" My very loving friend, 

" Having the longer the more bethought myself of your 
most affectionate Letter to me of the 22d January last, though their be 
so much time slipped since (which is no ways my fault) yet the leavies 
have drawn so long here in the South as at the length, seeing we may 
yet do somewhat in time enough. I am resolved to cast myself upon 
that counsel you then gave me^ and for that effect am commanded to come 
North for levying and bringing south all such of my Lord, my Father's 
friends and followers as shall be willing to rise, and to force those by 
constraint who shall be unwilling to draw out I hope to meet with few 
of these, so that none of our own shall have reason to think that I will 
either give my own command to others, or that I will not go my self 
upon the head of our own people, or that I will prefer any in the kingdom 
to them, or to the respect I bear them; so that now we shall all have the 
more honour and credite of it, that what we do now is over and beyond 
the proportion designed for the orderly Servies, which I concieve have 
not been so g^reat that it can take many off us in what we now intend, 
and seeing I put no question but you have them all in readiness upon 
what I wrote to you formerly, I shall now desire you may now be draw- 
ing the Vassals tiiat are to come forth on horseback to the field — a sight 
of their Infeftments will show you clearly how far they may compel them. 
But I had rather a great deal they should do it willingly. But howsoever 
I think you might bring down fourscore or a hundred foot, out of Mar 
and Quarter upon such as give not ready obedience. But providing the 
thing be done I leave the way of it to your self. As for the ffoot you 
may have them all in readiness to march against I come there my self, 



i 



338 RECORDS OF IMVERCAULD. 

which God willing shall be once the next week. Let Horse and ffoot be 

Erovided every way according to publick orders, or further for their 
etter accommodation as you nnd fitting. And that now I have left all 
and taken my self to bring out our own people, I trust you will be very 
active in it both for my credit and your <nvn^ and the rather that the 
greatest : — ^nay the only invitation / had to follow this course proceeded 
from your self y and seeing their is much expected from us as men that 
have both power and will to this Service, chiefly from your self and me^ 
Let us in the name of God make to it with the best pidi we can, and be 
assured the Kings Majestys will give your own thanks for it The 
occasion is most honourable, and we may possibly never have the like 
hereafter, only because I yet hear that Huntly will be taken into the army 
I would have you the busier till I come that none of our foot may be left 
to goe with him. But especially for those gentlemen of his name that 
are my vassals, that we may have them joined with us before he come to 
the field. Be active for this cause. But this must be kept very quiet, at 
the least so long as till our diligence may prevent them. I have written 
to Pittodeiy, Rothney, Glenkindie, William of Invery, and Skellater, all 
to be in readiness. Let us do as men ought to do, for doubtless God is 
for us. 

^ So committing the trust and care of all to your dilligence as a thing 
which by God's grace, I with your help will putt home. I add nothing 
but that yo\xr care in this at this time which I am resolved to hazard my 
own life in, shall while I live oblidge me the more to be 

Your true friend to 

the utmost of my power (signed) 
^ Alloway Areskine. 

April 17th (orig. 7th) 
165 1 
'' / have told the King you are about to do this with all imaginable 
diligence and his Majesty looks for it, and an account of it at your handsJ*^ 

At the date of the letter the Earl of Mar, who had been out with 
Montrose and narrowly escaped capture at the battle of Philiphaugh, was 
now old and infirm (he died in 1654), ^^^ ^'^ committed the manage- 
ment of his affairs, both public and private, to his eldest son, John, Lord 
Erskine, the writer of the letter, who took an active and leading part in 
the National Council as well as in military matters. 

I The copy used for the above is not a literal transcript of the original, and in some 
instances not an improvement on it The hand^writlng has often been met wiA, and seems to be 
that of a derk or copyist employed about iSio-aa The italics are not in Uie original, but are in 
the copy. 



FAMILY PAPERS: ROBERT III. 239 

The position of the Marquis of Huntly referred to, was different 
The honours of the family had through a succession of calamities fallen 
to Lewis, 3rd son of the 2nd Marquis, who had been executed at Edin- 
burgh, 22nd March, 1649. Lewis, 3rd Marquis, was a man of a versatile 
if not fickle disposition. To the royalist cause he had ever been staunch 
in his own way, but he had wavered so much between the extreme King's 
party and the national that he was trusted by neither. 

On this account he had not received a commision in the army, but 
Lord Erskine had seen symptoms of a reconciliation, and this is what he 
refers to in his letter. They were now to be both embarked in the same 
cause, and hence the rivalry. 

The battle of Worcester — 3rd Sep., 1651 — ^put an end to all oppo- 
sition to Cromwell's rule, both in England and Scotland ; and the raising 
of the men to which the letter refers never took place. 

The following connection between the families of Invercauld and 
Inverey is notified by an 

" Oblidgment be Inverey to relieve Invercauld of the oblidgment 
contained in his Contract of Marriage." 

This was an obligation on the part of Robert Farquharson of 
Invercauld for dowry to his daughter, who married William Farquharson 
of Inverey. But she dying without issue, and he having married for his 
second wife Ann Gordon, daughter of Abergeldie, the obligement was 
cancelled as above. 

Robert was a good churchman during the early episcopacy, was a 
Covenanter afterwards of the type of the Earls Marischal and Argyle, 
but took no prominent part in the civil war. He disapproved of 
Montrose's insurrection, was strongly opposed to Cromwell's invasion, and 
remained throughout firmly attached to monarchical government 

Robert III. Besides what is stated in the Genealogy^ there is not 
much more to be gleaned regarding this laird from the Estate and Family 
Papers. He is often confounded with his more illustrious father, whom 
he survived about thirteen years. This led to some genealogists — Burke 
{Landed Gentry)^ and following him, Anderson {Scottish Nation) — 
omitting his name altogether. Dying without surviving issue in August, 
1666, he was succeeded by his brother, 



240 ^ RECORDS OF INVERCAULD. 

Alexander. Burke's notice of him is as follows : — 

^Alexander Farquharson of Invercauld, who m. Isabella, dau. of 
William Mackintosh, of that ilk, by Margaret, his wife, dau. of 
Graham of Fintry, and had three sons and a dau. viz. : William, his heir ; 
John, successor to his brother ; Alexander, of Monaltrie ; and Margaret, 
m. to John Robertson, Esq. of Lude." 

It is to be noted here that Alexander's wife is given as Isabella, 
whereas she always signs herself Elizabeth. These two names are 
often confounded in old Scottish records. His marriage seems to have 
taken place rather late in life, for his eldest son was a minor in 1693. 
He was a man of a retiring disposition, but paid much attention to the 
improvement of his estates, as appears from the numerous transactions 
r^arding them which took place during his occupancy. His marriage 
connection with the chief of the Macintoshes afforded that family in his 
latter years an opportunity of intermeddling with his affairs, of which 
they were not slow to take advantage, and which gave some trouble to 
his successors. 

One of the first matters requiring his attention was the setUement 
made for his late brother's widow. By her marriage contract Anna 
Ogilvie was entitled, in case she survived her husband, to an annuity 
payable out of the rents of the estate ; but there being no issue of the 
marriage, this contract, with the consent of both parties, was cancelled or 
modified by a will made onlyja year before his death. The will, thus 
made in her favour, might have been carried out without difficulty had 
she not been in such haste to get married again — an event which 
annulled some of the provisions of it The following was the result of 
much negotiation between the parties interested : — 

It is a long document entitied, " Agreement Betwitcht Mr. Rorie 
McCenzie and Ladie Ane Oglvie Farqrsone 1669,*' and is of some 
importance, not so much for its subject as for the names and dates it 
supplies. It sets forth that, 

'' Att Dates the 22nd of November 1669 years, the said day thir 
compeared and condescended and agreed betwixt Alexander Farquarsone 
of Wardhouse on the on pairt and Anna Ogilvie spouse to Mr. Rorie 
McKenzie with consent of the said Mr. Rorie on the other pairt in maner 
and to the effect after following. They are to say thatt, Wheras by ane 
disposition executed by umwhill Robert Farquarsone Est Wardhouse 



FAMILY PAPERS r ALEXANDER. 24I 

with consent of the said Alexander Farquarsone his sone (brother) and 
they both with one consent and assent off the dait of the 21st day of July 
1666 years (agreed that) the said Robert Farquarsone with consent 
forsaid sauld, anelied, and disponed to the said Anna Ogilvie in liferent 
all the days of her life in all and haill the toune and lands off Weitts with 
the heughland &c. and the Milne of Glanderstonie with pertinents &c. 
and to defend the said Anna Ogilvie in her liferent therof all the days of 
her life at all hands and agt all deadlie/' &c 

On certain money considerations, payable yearly and termly, 
b^inning at Whitsunday, 1667, '* the said Anna Ogilvie is and shall be 
boldine to relieve the said Robert Farquarson and his aires daring her 
lifetime " of the obligations under the above disposition, from and after 
the term of Whitsunday, 1667. 

^ And the said Anna with the special consent of the said Mr. Rorie, 
and they both consent and assent on their pairt as folows : To litt (wit), 
the said Anna Ogilvie with the consent of the said Mr. Rorie McKenzie, 
her husband, doeth discharge all title, cleam and interest to thatt croft of 
land &C. and makes over the same to belong to the said Alexander 
Farquarsone, his aires," &c. 

There is also a dispositk>n by said Anna of another pendicle called 
the 

'^ Shepherd's Croft In the wreths presentlie possessed be William 
Leslie, and during the haill days and years of the said Anna her lifetime 
so long as the cesse remains as any burdine on the land," &c., &c 

It then concludes : — 

"Ther lawfull process for consenting therto in wittnes wherofT they 
hav subseryved thir presents writtine be the said Rorie McKenzie, day, 
year and pleac forsaid before wittneses, William Forbes off Echt ; Mr. 
Alexr. Forbes off Foberone ; Alexander McKenzie, servitor to the said 
Rorie; and Thomas Farquarson, servitor to the said Alexander 
Farquarson, 

W. Forbes of Echt, witnes R, McKenzie. 

A. Forbes, witnes ; Anna Ogilvie.' 

A. McKenzie, wittnes ; A. Farqrsone. 

Th. Farqrsone, wittenes." 

I Anna Ogflvie wu the daughter of Alexander OgUWe, Esq., W.S. in Edinbugh. His 
estate, or Barony of Kempcaim, was situated on the River Isla, in the parish of Keith and county 
of Banff, to which parish he was a considerable benefiutor, having '* in the year 1647, desthied 
Us MiU and Lands of Edindiach, a part of the Borwy of Ktmpcaim for ' building and upholding 
the School-House, and maintaining a Schoolmaster in the Farochin of Keith ' "—an endowment 
from which it still derives benefit. Sh Dr. GmMs Bpok o/thi ChmtkUs rfKiUh, 



34^ HBOORDe OF IMVBRCAULa 

The occasion that gave riae to the (ortgoing Agreement and aettfe- 
ment was the marriage of Anna Ogilvie and Roderick McKensiei 31st 
October, 1666. She was the daughter of Ogflvie of Kempcaim, and had 
been married to Robert Farquharson (III) of Invercauld and Wardhouse, 
after whose death, in 1666, she married Mr. Rorie, or Roderick McKenzie 
of Dalmore— now Mar Lodge — ^in Braemar. Rone seems to have been 
a man of some parts, as he has the title of Mr. pn&xfii to his name, a 
distinction then almost exclusively limited to clergymen and masters of 
arts. He was also the writer of this long legal agreement which, con- 
sidering its date, reflects no little credit on his style and penmanshipi 
He probably had studied for the legal profession. It is noticeaUe also 
that he is the earliest in these papers to spell the Garioch property 
Wardhouse, and not Waides, as it was written both before and after his 
time. His estate consisted of Glendee, Glenlui, and Glendeny, the 
wildest and most mountainous In all Scotland. 

A good deal of confusion, as already noticed, has been introduced 
into this portion of the family history through the failure of certain 
writers to observe that there were not omg but two Robert Farquharsons, 
father and son, styled of Invercauld and Wardhouse. Even in the 
Fkmily Tree, which probably formed the chief, if not the only authority 
for later genealogists, this fact is unnoticed ; but In the earlier chart It Is 
fully set forth, as it is also to be clearly gathered from many family 
papers of the period. 

Some confusion also exists as to the acquisition of Wardhouse by 
the Invercauld family as well as to their succession In it Dr. Davidson, 
In his EatUUm of the Garioch^ p. 222, states that '< The barony of Waides 
in Kennethmont was lost by the family (of Leslie) about 1650^ and after 
being the property for some shears of Robert Farquharson of Invercauld, 
who wedded a daughter of Erskine of Pittodrie, was sold to Sir John 
Gordon of Beldomie, whose descendents still possess it" The Invercauld 
papers enable us to correct and supplement this statement From them 
the fact appears that as early as 1642, if not earlier, Robert Farquharson 
of Invercauld and Alexander Jaffray (Provost of Aberdeen) of Kkigswells 
held cojunct bonds over the lands of Wardes and had virtual control of 
the property, and paid cess and other dues on it These two were at the 
32ime time lessees or proprietors of the salmon fishings at the mouth of 



FAMILY PAPERS: ALEXANDER. 243 

the Dee ; and it was through some arrangement between them that 
Invercauld's interest in these fishings was excambed for KingswelFs 
interest in the lands of Wardes. This transaction must have taken place 
before 1645, as JafTray died in that year, and from that date Robert 
Farquharson was sole administrator of the estate. He died in or about 
1653, ^^^ v^ succeeded by his eldest son, Robert, second laird of 
Wardhouse of his name, who married Anna Ogilvie, and died in 1666, 
leaving her a widow without family. In a few months after, she married 
Mr. Rorie McKenzie of Dalmore, on which marriage there arose several 
questions regarding her rights under her previous marriage settlement 
and the jointure allowed her by her late husband. 

Robert Farquharson second of Wardhouse, was succeeded by his 
brother, ALEXANDER, who is one of the parties to the above agreement 
which settled all differences between him and Mr. McKenzie of Dalmore. 



"A Baron-bailie Court." 

The following minute of a Baron-bailie Court furnishes a good 
example of the manner of holding such courts ; of the nature of the cases 
that frequently came before them ; and of the character of the punish- 
ments inflicted for such offences, as well as of the lawless habits and 
armed condition of the Highland peasantry 250 years ago. 

It is not clear who was the Ja. K. Grigory who signs the minute 
before Mr. Farquharson. The name does not occur in any other docu- 
ment of the period, but, judging from the highly artistic caligraphy of his 
signature, he must have been a person of no small consequence, or at 
least thought himself so. 

"^ The Court of the Lordship of Marr holden within the hall 
of Monaltrie upon the ninteenth day of June 1676 3^ears by 
Alexander Farquharsone of Invercald, baylie constitute be ane 
Noble Earle Charles, Earle of Marr; James Thomson, Notar 
publict, Clerk of Court, Donald Fleming, aUas McQhardies 
(McHardieX oflScer. 



244 RECORDS OF INVERCAUUX 

'' The suits called, and the Court Lawfully fenced and defended by 
Dempster, 

^ The said day Calam MacGregor in Ardochie, being of before delate 
for strubbling and wounding of Alaster Couts, a/ias C^dich in Stran- 
reich in Glei^ardine with a sword twice in the head and once in the arm 
and another in the left Syd ; and being sumonded and broght heer this 
day for that effect, and being called confessed that upon the fourteent 
day of the present June, he coming by the sd. Alaster Couts his house in 
Glengardyne, after some words passt betwixt them, he drew his sword 
and cutt^ him twise in the head, and gave him a cutt in the Left arm 
and another in the Left syd, and declared that he saw no arms that the 
sd. Alaster Couts had upon him, or at least he saw him not make any use 
of them if he had any, whilk being so and so readilly conrest, the Said 
Bailie onlawed the said Calam MacGregor in fiftie pounds Scots money 
to be payed within terme of Law under pajrne of poynding, and by and 
attour the said bailie ordayned the said Calam MacGr^or to sett 
sufficent caution that he should present himselfe before the said bailie 
upon twentie dayes warning to underly the Law Incase the said Alaster 
Couts shall happen to die in the said wounds so given him at that time. 
The Court continoued to Ja. K. Grigory. 

twenty four hours advertisione. iFarqrsone. 

Ja. Thomson Clk. ac Scriba CuriL" 



Braichley*s Teinds. 

The following, relative to the slaughter of the Baron of Braichley, 
shows the connection of Invercauld with that Family : — 

Digest of a paper headed : — 

•* Information for Dr. Leslie and Margaret Burnet, his Spous, 

Agst 
The Minister and parioshiners of Glenmuick and Glengarden." 

The paper, which is much defaced and torn, is dated 1681, and 
states that, 

" The deceast John Gordon, having ane tack of the teinds of the said 
parioshines for ane considerable number of yiers from the members of 
the King's Collie of Aberdeen, Titulary of the samen, the sd. Dr. and 



FAMILY PAPERS: ALEXANDER. 245 

Margaret Burnet, now his spous, for implement of the Contract of 
Marriage past betwixt hir and the sd. deceast John Gordon, hir first 
husband, did adjudge from the representatives of hir sd. husband the 
samen Tack." 

It then proceeds to relate the several processes at law through which 
the case had gone before the Lords of Council and Session. This 
portion is much obliterated and rent ; but some passages in it are of 
interest as showing the state of education and the attitude of the common 
people to the Civil Authorities. It had been found impossible from any 
recorded data to apportion the teinds among the several proprietors and 
tenants, and an order was issued to put them on oath. Thereupon the 
paper remarks : — 

" Att the advyseing therof it will be fitt to represent that they doe 
appear supinlie ignorant in sua far as many- of them swore that they did 
not know how many bolls of oates they did sow, neither doe they con- 
descend upon any other measure or quantitie of oates, wheras it is 
nottourlie known that ther is none in Scotland but at the least can guess 
upon the quantitie both sown and reaped, and some of the oathes doe 
cauvell, others so far asua they deny that in their countrie they measure 
by bolls wheras it is known to all the world to be false. Others of them 
would seem to inferr the contrair, and confess they doe sow some two, 
some three bolls, their oathes are most suspect in respect that some of 
them depone that twentie three pks. will not make a boll — a thing 
lykwise known to be untrue." 

Several other instances are adduced to show that the interrogated 
did not r^ard their oaths^ They were set upon defying the civil power 
to tax them. 

The Margaret Burnet here mentioned had been the wife of John 
Gordon of Braichley, "The Baron of Braichley" of the well known 
ballad, whose slaughter by John Farquharson of Inverey, "the Black 
Colonel," has been already noticed 

It remains to be observed that, as Invere/s raid took place in 1666, 
and the proceedings to which reference is here made b^an in 1677, ^^^ 
had remained a long while a widow. This fact gives no colour to the 
tradition alluded to in the ballad, that it was in consequence of her jeers 
that the Baron lost his life on the occasion. Then she is called Catherine 
in the ballad : — 

" Now, baud your tongue, Catherine, and bring me my gun, 
I am now going fortJi, but TU never come in." 



246 RECORDS OF IHVERCAULIX 

Of this, two explanations may be given : Ballads generally conceal die 
real under fictitious names; but it may have arisen from the ballad 
confusing, as pointed out by Dr. Joseph Robertson {Dunde Guide^ 2nd 
Ed.) two raids on the Gordon lands in Glenmuick by Highland caterans, 
' one in 1592, and the other, the above noted, in 1666. 

The following are some of the depositions refisrred to, taken from a 
Paper, headed : — 

^ Ane double of Some Wittneses depositions taken at Aberdeine be 
Bailie Burnett and Georg Paton indwellers in Aberdeine upon the 27th, 
28th, and 29th days of Janry. 1680 yeirs in the action depending att 
Doctor Leslie and his Spouse instance Against the minister of Glen- 
muick and Glengardine for his sequestratione of the Teynds of the sd 
two parishines." 

'' Patricke Gordon of Auchinleith, maried man, aiged 54 yeirs or 
therby, purged of partial counsell and interogat conforme to the 
Comissione, Deponed that the deceast John Gordone of Braickley was 
killed upon the 17th day of Septer. 1666 yeirs, beir^ then of the age of 
36 yeirs, and he was informed that John Gordone now of Braickly at his 
father's death was about 6 or 7 yeirs of age, and that William Gordone, 
father to the sd. deceast John Gordon of Braichlie, dyed in the month of 
march 1645 yeirs, and that about that tymethe sd. deceast John Gordone 
was about 14 yeirs of age, he being borne in the year 163 1 yeirs ; causa 
scientix he deponat he (it) was thoght the sd, deceast John Gordone was 
his uncle, and knew what he depondt to be of tnitbe as he diall answer 
to god at the great day. 

Sic scrib. P. Gordone." 

To the same effect are the testimonies of 

•* Alexr : Ross of Brassbegg," who signs his name— 

« Sic Scrib. Allexander Ross ; " 

'' Jeames Gordone of Ballnoe»" 

whose evidence is attested by 

• Sic scrib— Alex. Burnett 

and Georg Pattone ; 
^ Patricke Gordoun, in Tombroich " 
and by 

^ Duncan Gordone in Wardhead," 

who has somewhat more to add : — 



FAMILY PAPERS: ALEXANDER. 247 

^Maried man aged threscor yeirs or therby, purged, ut supra, 
deponeit that the deceast William Gordone of Braicklie depairted this 
lyfc about March 1645 yeirs, and at the tyme his son (not nephew\ the 
deceast John Gordon of Braicklie, was in the 14 yeir of his age ; anci that 
the deceast John Gordone was killed in Septer. 1666 yeirs, and that John 
Gordone now of Braicklie was then seaven yeirs of age— causa scientiae 
he deponeit that he hes leyvit all his dayes in the lands of Braichley, and 
was present when the sd deceast John Gordone was killed, and at John 
Gordone, now of Braichley, his Baptism," &c. 

Attested by 

" Alexander Young in Toldow ; 

Alexander Bowman in Crofts ; 

John Smith in Ballindorie," 
who uses the word "murdered" instead of ''killed" as applied to the 
death of Braichley ; all also testify to the present laird being the son of 
the late baron. 

The dispositions in r^^rd to teinds do not appear. 

"Memo of Assedatione betwixt Margrat Burnet and 
Allaster Stuart— 1667." 

''Att Braichly the ninth Janry. 1667 it is finally agreed upon 
betwixt Margret bumet, relict of the deceast John Gordone of Braichly 
on the ane pairt and Allaster Stuart on the other pairt as after follows, 
that is to sal — ^the sd. Margret Bumet sets to the sd. Allaster Stuart six 
and half ploughs of land on east syde of bume of Braichly as the bume 
gai^;es, and during the space of fyve yeirs," &c., &c. 

This document was produced at the hearing of the case, '' Doctor 
Leslie and his spouse, Margaret Bumet, versus the Minister of Glenmuick 
and Glengardine in respect of liability for teinds." 

It is noticeable that the Assedation was finally settled only three 
months after the slaughter of her husband in the Inverey raid. It is 
signed by ** Margrett Bumet," and witnessed by Alexr. Gordone and John 
McKenzie. 

Another document, very much decayed, is docketed ** Braickley's 
Testament," and seems to bear the date 1664; but it is really not a 
testament by Braickley, for it is headed — 

^ Ane Testament dative and Inventorie of the interests and debts 
pertaining to the deceast John Gordone of Braickley." 



248 RECORDS OF INVERCAULD. 

It Is signed and stamped, and is plainly enough dated, though in 
great part ill^ble, ** Sixth day of July 1667 '' — nearly ten months after 
his death. 

The contents seem to refer to some ** monie which sd. John Gordone 
had designed " for some special purpose. 

There is no reference to this money in any of the Brackley Papers. 
It refers solely to the distribution of the Teinds of Glenmuick and 
Glengaim, which were soon after acquired by Invercauld. 



family papers: alexander. 249 

•* Bond to the Peace by Alexander Farquharson of Inver- 
CAULD, TO Privy Council of Scotland for himself and his 
Clan 1672/' 

** Charles by the Grace of God King of Great Britain, France, and 
Ireland, Defender of the Faith, To our Lovites. 

'* Messenger our Sheriffs, conjunctly and severall specially consti* 
tute, Greeting For as much as Alexander Farquharson of Invercauld and 
Wardhouse, being called before the Lords of our Privy Council to give 
Bond for the peace of the Highlands, He as principal and with him 
Archibald Reed of Edindumo as Cautioner for him, Bond and obliged 
themselves, Heirs, Execrs., and successors, That the said Alexander 
Farquharson his hail Tenants, Servants and Indwellers upon his Lands, 
Rooms and Possessions, as also that those persons of his name, decended 
of his Family wheresoever they dwell, shall commit no murder deforce- 
ment of Messengers, ryfe, thift, receipt of Thift, open and avowed for 
raising upon Deadly Feuds, or any other Deeds contrarie to the acts of 
Parliment, under the penalty of Three thousand Merks besides redressing 
and repairing of all parties scathed, and Farder that he shall exhibit and 
produce before the Council or Justices any of his own Tenants, servants, 
indwellers upon his Lands, or any person of his name descended of his 
family, whenever he shall be called or lawfully cited to that effect, under 
the pain foresaid; and for the said Alexander Farquharson his relief 
The Lords of our Privy Council be an Act of the date of thir presents 
have ordained thir own letters to be direct against the several persons 
for whom he stands obliged, to grant him Bond of Redress within fifteen 
days after they shall be charged, provided the sum to be contained in the 
said Bond of Relief do not exceed the sum contained in the said 
principal Bond ; and in case any of the said persons refuse to give the 
said Bonds of Relief within the said space, orders and warrands (shall be) 
granted for apprehending and securing their persons in manner after 
specified as the said Act of* the date foresaid at more length proports. 
Our Will is therefore and We charge you strictly and command that 
incontinent thir our letters seen, ye pass and in our name and authority 
command and charge All and sundry the said Alexander Farquharson of 
Wardhouse his hail Tenants, servants, and Indwellers upon his Lands 
Rooms and possessions. As also the hail persons of his name descended 
of his family wheresoever they dwell, to grant subscribe and deliver to 
the said Alexander Farquharson Bonds of Relief of the tenure and 
nature foresaid Provided that the sums therein to be contained exceed 
not the sum foresaid contained in the said Alexander Farquharson his 
own Bond after the form and tenor of the foresaid act in all points 
within fifteen days next after they be charged be you, and in case the 
said persons or any of them should refuse to grant the said Bond of 
II 



2SO RECORDS OF INVEKCAULD. 

Relief within the space foresaid We with the advice of our Lords of the 
privy Council Doe hereby give full power and authority to the said 
Alexander Farquharson to apprehend and imprison thir persons in the 
next convenient prison until they give obedience, and ordains All 
Sheriffs, Stewards, Magistrates, Messengers at arms, and others in 
Authority, to give them concurrance and assistance to the execution 
thereof according to Justice as ye will answer to us thereupon. The 
which to do we commit to you conjunctly and severaly full power by thir 
our Letters, delivering them by you duely execute and indorsed again 
to the Bearer. Given under signet at Holy Rood House the fifteenth 
day of July and of our Reign the Twenty fourth year 1672." 

Alexander of Invercauld was thus recognised by the Government as 
the Head of his clan, and held responsible for their peaceful and honest 
lives. 

After the Restoration in 1660, the turbulent Highland clans, think- 
ing they were now at liberty to prey upon their Lowland neighbours, 
broke out into frequent raids. At last they became so troublesome that 
even the lax Government of Charles H. was constrained to adopt 
measures for their suppression ; and commissions were issued to several of 
the Highland chiefs to protect the Lowland border from these incursions. 
John Farquharson of Invercauld had received a commission of this sort 
from the Earl of Mar as early as 1635, and another from the government 
in 1641, and, according to Spalding, did effectual service. But for some 
reason the commission was withdrawn and conferred upon Mcintosh of 
Mcintosh, who neglected altogether to restrain the Highland raiders or 
punish the broken men. 

The next step taken by the Government was to call the several chiefs 
before the Privy Council in Edinburgh, and bind them over to be 
responsible for the depredations committed by their clansmen — a heavy 
responsibility, and one to which they submitted with anything but a 
good grace. 

The obligation thus laid upon them gave rise to many protests ; but 
it had the effect of somewhat restraining the lawless and broken men. 

The commission above quoted is the form of the obligation previ- 
ously laid upon Robert Farquharson of Invercauld as the chief of his clan. 

As a necessary consequence the chiefs demanded, and were im- 
powcred to exact, the same obligations from the heads or chieftains of 



FAMILY PAPERS: ALEXANDER 25 1 

the various septs or families owning allegiance to the chief. As it really 
was these septs that were the principal depredators, much difficulty was 
experienced in getting them to sign the required Bond. 

The following is the one granted to Invercauld by Donald Farquhar- 
son of Balfour ; and similar Bonds were granted to Alexander in virtue 
of the commission quoted above. 

" Bond of Relief to Robert Farquharson of Invercauld 
BY Donald Farquharson of Balfour son to Alexander 
Farquharson of Finzean by Authority of the Bond to the 
Peace given by Invercauld to the Privy Council." 

•* Be in kind till all men by thir presents me Donald Farquharson of 
Balfour ; for swa mikle as be divers laws and acts of Parliment made for 
suppressing of Thift, receipt of Thift, and other crymes, which were more 
ordinarly committed in the Highlands, It is statute and ordained that 
Landlords and their Baillies, the Heads and Cheftans of Clans, should 
find caution for their vassals, their Tenants, servants, and Indwellers upon 
their Lands, Rooms and possessions, Like as by said Acts of Council It 
is statute and appointed that Branches of Clans and heads of Families 
(should do the same to their chiefs) and seeing the said Donald Farquhar- 
son is most willing as master of the Tenants underwritten to secure both 
for himself and his Tenants and servants. Therefore will ye mi^thi said 
Donald Farquharson to be bound and obliged like as I bind and oblige 
me my Heirs, Execrs., and successors whatsoever, that I myself ye 
persons underwritten my Tenants. Viz : John and James Watts, James 
Gordon, John McAndie alias Riach and John Corbat all labourers of the 
ground — That I myself nor none of them sail committ no murder, nor 
deforcement of Messengers, receipt of Thift open and avowed upon 
Deadly feuds, depredations, or any other Deed contrair to the Acts of 
Parliment, under the Faillie of Two hundred pounds Scots money, besides 
the redressing and repairing of all Parties scaithed, and farder that we 
sail be called or lawfully cited for that eifect under the Penalty foresaid, 
Consenting thir presents be insert and registrat in the Books of Privy 
Council to have the strength of an Decreet thereof interponed thereto 
that Letters of Homing and others needful may be direct upon one single 

charge of Ten days altenarly and I constitute 

our lawful Prors. In Witness whereof written by David Ferguson, Writer 
in Edinburgh I have subscribed thir presents at Braichly the thirtieth of 
July one thousand six hundred and Eighty three years before witnesses 
John Gordon of Braichly and the said David Ferguson 

(Signed) Ferguson. 
(Signed) John Gordon, Witness 
(Signed) Da : fferguson. Witness." 



252 RECORDS OF INVERCAULD. 

These obligations were alow in coming in ; therelbre the foUowing 
letters weie obtained : — 

"Letters by the Privy Council of King Charles II., dated isth July 
1672, narrating that Alexander Farquha^n of Invercauld had bound 
himself that the tenants of his lands, and those of his name descended of 
his family, wherever dwelling, should commit no murder, deforcement of 
messengers, reiffe, theft, receipt of theft, open and avowed fire-rasii^ 
upon deadly feud, — ^therefore ordaining all such persons for the relief of 
the said Alexander, to grant bonds to him under such penalties as should 
not in whole exceed the sum in his bond to the Privy Council" 

The following bond, among several others of a like nature, was given 
to Invercauld in response to the bond, which he (Invercauld) had taken 
to the Government for the suppression of the wild men of his clan and 
dependents ; from which it would seem that certain persons, not of the 
clan, either claimed his protection or owned all^iance to him. Hagh 
(Haugh) was then a small property on the north bank of the Dee near 
Cambus O' May, owned by a Peter Gordon, whose valuation as given 
in the Poll Book was £24 3s. 4d. 

'' Bond by Patrick Gordon of Hach, that neither he nor his tenants 
and servants ^all comitt no murder, deforcement of messengers, leafTe, 
theft, receapt of theft open and avowed upon deadlie feud, depredations, 
or any other deeds contrar to the Acts of Parliament, dated 21 July 1683." 

Bonds of mutual support in arms, as already noted, were not limited 
to neighbours, or even kindred clans, but extended over the length and 
breadth of the Highlands and Islands. The bond between the Shaws in 
the Isle of Skye and the Farquharsons in Braemar is intelligible on 
account of their common ancestry, though it is difficult to see how it 
could be of any material value to either. The bond now to be referred 
to had not, so far as known, any claim of kindred to sanction it, while the 
distance between the contracting parties was almost as great It is, 
however, of historic interest, on account of the tragic fate that befell one 
of them nearly twelve years after it was entered into. It is in the usual 
form, and is headed, 

"Bond of Maintenance between Alexander Farquharson of 
Invercauld and Alexander Macdonald, of Glencoe, dated 13th April 
1680." 



FAMILY PAPERS: ALEXANDER. 253 

"A true copy of a Paper written by the late King, my brother, 
which I found in his closet James R." 

* This memorandum has probably been written by the son of James 
II. It is directed to a consideration of the numerous heresies which have 
crept into the nation, and the incompetence of the Church of England to 
pronounce on spiritual questions.' 

This copy has not been found, but was seen by Dr. Stewart, and is 
noticed by him as above. 

A Bill Transaction. 

^ I, Mr. Robert Farqrson, Student in divinitie, forasmickle as I am 
assigned to ane bond resting be William Farqrson of Inverey as principal 
and Jhon Farqrson his uncle as canor to Jhon Farqrson of Kirkton of 
Aboyne which bond forsd. Jhon Farqrson of Kirktoun has assigned me 
be transferring the whole contents of said bond with the annualrent 
theron &c I therfor be thir prtts empowers Alexr. Farqrson of Invercald 
to recover the said contents &c. &c. Written and subscribed att Inver- 
cald l6th Octr. 1675. Rbt. Farqrson. 

Witnessed by Jhon Farqrson, Westoun ; and James Christie, servitor to 
sd. Alexr. Farqrson." 

The Editor has not been able to trace the " Student in divinitie." 
** William Farqrson of Inverey '* was married to a daughter of Invercauld, 
who died without issue. His uncle, " Jhon " — not the " Black Colonel " — 
was married to Elspeth Reid, daughter of the Rev. Robert Reid, minister 
of Banchory and great grandfather of the celebrated metaphysician. 
The Invereys at this time were a leading protestant family. 

During Alexander's tenure of the estate of Invercauld (1666-1681), 
many changes took place in respect of the smaller properties of which it 
was composed. These have been recorded in the Estate Papers. What 
he is best known and will be principally remembered for is his rebuilding 
in great part the Mansion house. We have no means of judging of its 
extent or style before his time ; but he it was who first made any con- 
siderable additions to the old house: There is yet extant the stone which 
he placed over the principal entry bearing the Arms of the family as they 
then existed, a sketch of which has been supplied by Major Victor 
Farquharson. It bears the date 1674. ' This, however, was not the only 
addition be made, for we find the following entered into : — 



254 RECORDS OF INVERCAULD. 

** Contract, dated at Overhall 15th March 1679, between Alexander 
Farquharson of Invercald and William and Francis Gordon, masons at 
Nethermill of Alford, for buildings to be executed at Invercald" See 
also Estate Papers — article " Invercauld** 

Except for the raids of the caterans and the spuilzies of broken men, 
which required some watchfulness on the part of Invercauld and his 
neighbours, and a few clan feuds, such as that between Inverey and 
Braickley, the reign of Charles II. was a comparatively quiet time in the 
Highlands of Aberdeenshire, and accordingly more attention was 
bestowed by proprietors on the enlargement and increased comfort of 
their dwellings than was thought of in the troublous times of the long 
civil war, when security and defence were the main objects in view. 
Many of the Deeside mansions were at this time both enlarged and 
adorned, especially was this the case at Aboyne and Invercauld. 

Alexander Farquharson died in 168 1, leaving a widow with three 
sons and one daughter, all young, the eldest (the daughter, Matgaret) 
being then only ten years of age. 

The period ranging from 168 1 to 1694 might be called a sort of 
interregnum in the administration of the estate of Invercauld. Alex- 
ander's children being all under age, trustees were appointed, of whom 
Arthur Forbes of Echt, the tried and trusty friend of the late laird, was 
the only one not in some degree related to the family. A Mr. John 
Forbes was appointed tutor to reside at Invercauld and assist the lady 
generally in the management of home affairs, which, as appears from 

what afterwards took place, he did to her entire satisfaction. 

• 

The estate affairs were mostly under the control of Lauchlan 
Mcintosh of that Ilk, the widow's brother ; John Farquharson of Fortrie 
(Rivemie), tutor to Invercauld ; and Arthur Forbes of Echt, guardian of 
Margaret and her two youngest brothers. The chief events which they 
negotiated were the sale of the Wardhouse estate and the purchase of the 
two baronies in Cromar. These matters, especially the latter, demanded 
much attention and circumspection, in which they were ably assisted by 
Messrs. John and Alexander Thomson, town clerks of Aberdeen, and 
Rev. Robert Farquharson, minister of Kennethmont, a near relative of 
John of Fortrie. The documents relating to these transactions have 



FAMILY PAPERS: ALEXANDER. 255 

already been noticed under the headings, Kinaldie and Melgum — 
Estate Papers. The following, however, will give some idea of how 
troublesome the conveyance was to the lawyers of those days, as well as 
supply some information r^arding the family : — 

"Letter and Informations 
From Mr. Alexander Thomsone 

To Mr. John Forbes. i8th Deer. 1695." 

"Sir, 

I received yours with Invercald's Charter of Kinaldie and 
Melgume and ane letter to him from you whilk letter I sent to him, and 
keeped the Charter by me untill I should consider the same, which having 
done I perceave the lands in the dispositive part of the Charter (where 
they are only insert) are not sett down so fullie as in the two dispositions 
granted be Boyndlie and Melgum to the deceast William Farquharson of 
Invercauld, which is ane great mistake. I have sent you ane copie of the 
lands as they are insert in the forsds. two dispositiones, and we will have 
them so insert in the Charter. And ye will perceave therby that in 
Melgum's dispositione there is ommitted part of the Charter which is 
insert therin (The Walkmilne of Melgume, The toune and lands of 
Windsie, The toun and lands of Barhillock) And in Boyndlie's dispositione 
there is ommitted out of this Charter which is insert therin (The Milne 
lands of Kinaldie with the multures, suckine, sequells and knaveships 
therof and the Clay following viz. with the manor place houses, biggings, 
yards, orchards as in Boyndlie's dispositione. Ye know verie weell that 
the lands ought to be particularlie insert in the Charter as they are in the 
dispositione. And I admire as of what papers the lands hes been takene 
as they are inserted in this Charter. And that ane persone of'Commissar 
Elphinston's knowledge should let ane signature come through his hands 
disconforme to the grounds therof. However I have returned you the 
Charter that ye may cause transcribe it ffor beside what lands and others 
are ommitted as above, the lands of Kinaldie and Melgume are verie 
confusidlie mixed through other in this Charter, So that Invercauld have 
the lands insert in the Charter as follows : — 

" Totas et integras terras et baroniam de Kinaldie comprehendentes 
parlSres villas, terras asriy infra mentionat viz villas et terras de Kinaldie, 
Knocksoul cum molendino de Kinaldie terris molendinariis, multuris, 
sequelis et lie knaveshyps ejusdem, Villas et terras de Balgrene, Caim- 
moir, Pitallachie, Boigstoune, Badnageach, Pentelewan lie Reibl migve 
de Auldvantush in Bonreach, Overgarlet, Nethergarlet, Auldremuck, cum 
lie sheillings et pasturis pertefi in monte de Morving vocat Bonzeach«" 

And so on at considerable length as regards the Barony of Kinaldie ; 



256 RECORDS OF INVERCAULD. 

and, in another hand, similarly Ih regard to that of MelgiiOL The place- 
names are much the same as those contained in the Poll Book of the 
following year — 1696, 

The Invercauld referred to is John Farquharson, who had succeeded 
to the estate on the death of his brother, William, the previous year. 

The Mr. John Forbes was his step-father. 

Elizabeth McIntosh, or, as she spells her name, Elisabeth 
Mcintoshe^ dowager Lady of Invercauld, was the daughter of William 
Mcintosh of Torcastle, whose son, Lauchlan, Lady Invercauld's brother, 
on coming of age, became chief of Clan Chattan — a position then 
accounted of the first rank in the Highlands. The date of her marriage 
to Alexander Farquharson of Invercauld, chief of the Farquharsons, has 
not been ascertained for certain, but there is evidence that it did not take 
place before his accession to the estate in 1666, nor probably for a few 
years after. The circumstances in which she was placed at her husband's 
death have already been noticed 

After some years she came much under the influence of Mr. John 
Forbes, the tutor selected to conduct the education of her young family. 
There is not much known of the previous history of this gentlemaa His 
father, Adam Forbes, had been tutor or factor to the Laird of Brux, so 
that he had early been bred to that line of life. He had probably received 
a university education, as he is invariably designated Mr.^ a distinction 
then seldom or never bestowed on any but graduates of a university. 

It would appear from the following Disposition of a portion of the 
annuity left her by her late husband, that she was an affectionate mother, 
and not unmindful of the interests of her family. The clause, ^ certain 
various causes best known to myself," refers perhaps to the^change in her 
circumstances which she may even then have contemplated. It will be 
observed that she assigns nothing to her eldest son, William ; and the 
reason is obvious — ^he was heir to the estate. The deed is as follows : — 

'' Be it kend till all men by thir prents I, Elisabeth McIntoshe, 
relict of umqll Alexr. Farqrsone of Invercald, at the making herof out of 
love and favour I bear to my children and certaine various causes best 
known to my self moving me thereto, to have dispelled and alienated, 



FAMILY PAPERS: ELIZABETH MCINTOSH. 25/ 

lykeas by the tennors heirof I do dispone and alienate all and haill the 
soume of FouR Hundreth marks Scotts in and in favours of Margaret 
Farqrson, my daughter, John and Alexander Farqrsonns, my 
youngest sonnes, and that yearlie and ilke yeare during the space of my 
lyfetyme with this speciall presione that it sail be herent and in my power 
to destribut the said soume of Four Hundreth marks Scotts above 
foresaid to one or all the above nominat children according as they sail 
merit or otheras the somess at my hands by ther naturall and christian 
walking and fearing towards God and ther said parent. And I, the sd. 
Elizabeth Mclntoshe, doth hereby bind and oblidge my self, my airs, 
executors or assyneys what somever to make thankfuU payment yearlie 
and ilke year of the sd. soume off Four Hun^^eth marks to the above 
nominat children. The first tearmes of payment being and beginning at 
Martemas next in the instant year of God 1686 but (without) any 
hindrance or delay and with the ordinarie anuel rents of the sd. Priflll 
soume yearly and Duly during the not payment therof. And I, the said 
Elizabeth Mclntoshe, doth herby bind and oblidge my self to reiterat and 
reneue thir payts. by the sight of men of Lawe and judgment aye and 
while the same sail be found good valie and sufficient And for the more 
securitie I am content and assent thire pnts. may be insert in any 
judicatorie books of this natione or Shireff-dom of Aberdeen ther to hold 
the strenth of ane judiciall decreet that therof homing and poynding and 
other effects may pass one ane singill changing of term dayes alenarlie 

and to that effect constitute 

Our prutors. In witnes wherof thir pflts are subscrived 

with my hand at Invercald the eight day of January. Jai vi. and Eightie 
five years Before Witness Charles Farqrsonne of Monaltrie and Mr. 
William Robertson, Minister at Crathie, wreater and witnes therof day 
and place aforsaid, and Mr. John Forbes, Sonne, lawfull sonn, to Edom 
Forbes laitly utor (tutor?) of Bruxs witness to thir presents 
Cfarqrsone. witnes E"^^* Mcintoshe. 

Mr. John Forbes, witnes 
William Robertson, wreater and witnes." 

C. Farquharson of Monaltrie was the son and successor of Donald 
Og Farquharson of the Montrose campaign — v. Spalding. He was the 
last of the first Monaltrie family of that name. The second Farquharson 
family was founded by Alexander, third son of Elizabeth Mcintosh, who 
purchased the estate from this Charles in 1702. Alexander was the 
father of Francis — " the Baron Ban " of the '45. 

" Mr. William Robertson, Minister at Crathie wreater and witnes " 
of the above document, exhibits a more creditable acquaintance with 
KK 



258 RECORDS OF INVERCAULD. 

legal forms than he afterwards shows in the discharge of his ministerial 
duties. His record bears that, translated from Laggan — the countiy of 
the Mclntoshes — in 1669, he was "deposed, 3d Augt 1699, for gross and 
supine negligence in preaching, catechising, administering of the Lord's 
Supper, visiting families &c." The connections his family formed were 
also not of the most law-abiding character. — v. Scoffs Fasti in loco. 

The intimacy which from the beginning of their intercourse had 
subsisted between the widowed lady and the governor of her family, 
gradually ripened into aifection, and ultimately resulted in their marriage. 
We find no record of a marriage contract, nor even of the time or place 
where the nuptials were solemnized ; but there is no doubt the ceremony 
took place sometime in the year 1600 and probably at Invercauld, where 
the married couple continued to reside till the young Laird came of age 
in 1693. 

As in the case of the marriage of the widow of Robert III., so here, 
but to a far greater extent, many claims had to be readjusted and much 
count and reckoning regarding intromissions with the estate during the 
long minority had to be made. In the absence of a marriage contract, 
the following document explains how some of these matters were settled, 
while it affords illustration of the impecunious condition of the numerous 
small proprietors of the district, and of the shifts to which they had 
recourse in order to tide over their difficulties : — 

" William and Mary By the Grace of God King and Queen 
of Great Britain &c. 

" Forasmuch as it is humbly meaned and shewen to us be our Lovit 
Arthur Forbes of Brux that where Mr. John Forbes in Invercald Be his 
assignation and translation of the date 30th day of Jany. 1691 years, 
Mentioning that he as having right to the soumes of money after speed, 
assigned to him be Elizabeth Mcintosh relict of the deceast Alexander 
Farqrsone of Invercald, now his spouse, Conforme to her assignation subt 
be her of the date 8th day of September 1685 years for the causes therin 
sett down and corroborating the sd. Mr. John Forbes his right which 
formerly he had and his jure mariti being with her own uncompelled 
consent did make and constitute him his airs &c. her lawfull undoubted 
and irrevocable cessioners &c. In and to the soumes of money therby 
assigned and herefter mentioned whilk are as yet resting unpayed of the 
samen soumes contained in the assignatione befor written, as the sd. 
assignatione of the date forsd. more fully bears. And that Seeing the 



FAMILY PAPERS: ELIZABETH McINTOSH. 2^9 

said Complainer had really and with effect advanced, payed, and delivered 
to him ane certane considerable soume of money for granting of the 
forsd. Assignatione and Translation to the full worth and value of the 
soumes of money therby and herefter transferred and disponed, THERE- 
FORE the said Mr. John Forbes sold, assigned, transferred and disponed 
from him his airs &c To and In favours of the sd. Complainer his airs &c. 
All and haill The soumes of money prinlls @ rents and failzies &c. sett 
down resting to him be the persons under written viz, : — The soume of 
Three Hundreth merks scots money resting to him as assigney forsd be 
Lauchlan Mcintosh of Aberarder conforme to his band granted therupon 
to the sd. Elizabeth Mcintosh his said spouse of the date 3rd day of 
September 1683 years ; And in and to the soume of ane Hundreth punds 
money forsd resting to him be Robert Mchardie of Crathie conforme to 
his band granted to his said spouse of the date i6th day of March 1685 
years ; Item the soume of fourscore punds money forsaid resting to him 
as assigney forsd. be Duncan Shaw sometime in Crathienerd now in 
Glenclunie be virtue of his band granted to his cedent thereupon of the 
date 6th Sepr. payable at Mertimes 1684 years. Item, The soume of two 
hundreth Merks resting to him as having right in maner forsd. be Charles 
Farqrsone of Balmorell conforme to his band granted to the sd. Mr. John 
his spouse of the date 25th October 1683 years. Item, The soume of 
twenty merks resting to him be John McDonald in Candiecraig as priflU 
and John Grant in Milnetoun of Invercauld as caur. for him to conforme 
to their band granted thereupon Dated the 29th day of October 1683 
years. Item, The soume of Ane Thousand merks money forsaid resting 
to him as assigney forsd be Duncan Mcintosh in Ledenhendrie and 
Lauchlan Mcintosh tutor of Dilumqre, his brother german, as prifills and 
John Robertson of Easter Straloch their caur conforme to their band 
granted thereupon the 14th day of Novr. 1687 years. Item, the soume 
of Two hundreth merks resting to him as assigney forsd. be Francis 
Gardyne of Midstrath conform to bond granted thereupon to his said 
Spouse Dated 24th Januarie 1684 years. Item, the soume of Forty punds 
money forsd. resting to him as assigney by John Farqrsone of Old Lairge 
conforme to band granted to his said spouse thereupon of the date of the 
1st day of July 1682 years, And the soume of Two hundreth punds 
money forsd resting to him as having the fore mentioned right be John 
Farqrsone of Invener conforme to his band granted thereupon to him and 
his sd. spouse in liferent or to the longest liver of them two, and after 
their deceases, to the airs procreat or to be procreat betwixt them, whilke 
failzieing, to the sd. Mr. John his nearest aires or assigneys whatsomever 
whilk band is Dated The . . . day . . . 1600 . . . years. And furder 
the sd. Mr. John Forbes made and constitut the sd. Complr his cessioner 
and assigney In and to the soume of Ane Thousand Merks money resting 
to him 1^ Sir Lauchlan Mcintosh of Torchestell be virtue of bis band 
granted to his sd. spouse thereupon," &c. 



26o RECORDS OF INVERCAULD. 

In the Poll Book (1696) mention is made of several Mdntoshes in 
good positions on the Invercauld property in Aberander, but none of the 
name of Lauchlaa It is therefore probable that this person (whose 
position in the clan has not been ascertained), was the owner of the estate 
of Aberarder in the heart of the Mcintosh country, Inverness-shire. 

Lauchlan Mcintosh of Torchestell (Torcastle), last noted in the 
above document, was a brother of the Lady of Invercauld. She had been 
kind to her clan, but was no less a great benefactor to the district during 
the long period of twelve years she had had the administration of the 
Invercauld estates, as is evidenced by the Session Records of the parish. 

The McHardies of Crathie and Crathienard were a wild and extrava- 
gant race. They were allied by inter-marriages with the Stewarts of 
Aucholzie, and both occasionally gave much trouble to their neighbours, 
as is frequently apparent in these papers. The Shaws, who were 
associated with them, were of the same character. 

" Charles Farqrsone of Balmorell " was the second son of William of 
Inverey by his second wife, Anne Gordon, daughter of Abergeldie, who 
brought the estate into the Farquharson family, it having been up to that 
date part of the Abergeldie property. Charles, dying without issue, 
Balmoral passed to his cousin, James, second son of John, second son of 
James first of Inverey. In this family it continued till purchased by the 
Earl of Fife. 

Nothing is known of John McDonald of Candiecraig, or of his 
cautioner, John Grant in Milnetoun of Invercauld. Neither have a place 
in the Poll Book — a few years later. They had probably succumbed to 
their circumstances. 

" Duncan Mcintosh in (not of) Ledenhendrie and his parteners and 
security in a bond for Ane Thousand merks" were Perthshire gentlemea 

"Francis Gardyne of Midstrath" was a considerable proprietor in 
the parish of Birse. His connection with the Invercauld family, so far as 
can be traced, was through the Finzean branch. 

"John Farqrsone of Old Lairge" (Allai^ue) was the eldest son of 
Robert, who was the founder of the family and the third son of Finla, the 
founder of the Auchriachan family and the youngest son of Finla Mon 
Representatives of the house of Allargue are still numerous, one of whom 



FAMILY PAPERS: ELIZABETH MCINTOSH. 261 

is now in possession of their ancient inheritance. "Old Lairge'' is a 
corruption of Alt Larig (the Bum of the Pass) which correctly describes 
the locality. 

" John Farqrsone of Invener " is unknown. 

" Sir Lauchlan Mcintosh of Torchestell " was the father of Elizabeth* 
Lady Invercauld, now (1691) the wife of Mr. John Forbes. From 
another document it appears that Mcintosh took an active part in the 
administration of the property during the widowhood of his daughter, or 
at least the earlier part of it 

It would almost seem that about this period whenever the smaller 
proprietors or others found themselves in pecuniary straits, they flocked 
to Invercauld with bills or bonds in their hands, and, from the number of 
acceptances recorded, it would appear few were sent away empty. 

It was in reference to some of these matters that the Kirk Session of 
the parish of Kildrummy received an injunction from the civil courts " to 
take the depositions on oath of Mr. John Forbes and Elizabeth Mcintosh, 
his spouse." They accordingly appeared for that purpose, and their 
depositions are duly recorded in the report supplied by the Kirk Session. 

Before then (1696) Mr. Forbes and his wife had, on the coming of 
age of her eldest son, William, in 1693, removed from Invercauld and 
taken up their residence on his father's holding on the estate of Brux, in 
the parish of Kildrummy, where in all probability she soon after died, as 
her name does not again appear along with her husband's in any of 
several cases in which he was afterwards called upon to give evidence in 
regard to Invercauld estate matters. 

One of the earliest troubles that beset the widowed Lady of Inver- 
cauld and her curators arose out of the Inverey raid on Glenmuick, so 
often referred to in these Papers, which about this time had assumed the 
proportions of a feud between the Farquharsons and Gordons : — 

A Clan Feud. 

For some years previous to 1666 there had been considerable disputes 
among the Highland lairds regarding marches, privil^es, servitudes and 
rights of property, which were not composed without leaving behind them 
not a little rancorous feeling. But in that year matters came to a crisis 



262 RECORDS OF INVERCAULD. 

by the outbreak of Inverey against the Gordons of Glenmuick. The arm 
of the civil law was invoked by the friends of the slaughtered ^ barrone " 
and his kinsmen. But it was weak and not much respected Such as it 
was, Inverey thought it prudent to evade it, took into hiding, and dis- 
obeyed the summons to stand his trial in Edinbui^h. He was advised, 
as has been noticed, to raise a counter claim on the Grordons for the 
slaughter of his followers. Whether he ever actually put forward such a 
claim there is no evidence among these papers. What is more certain is 
that he took the law into his own hands and retaliated by cattle-lifting 
and other depradations for the troubles he suffered at the hands of the 
officers of the law set on at the instigation of the Gordons. These 
reprisals gave rise to a bitter clan feud, in which the Farquharsons, and 
their allies the Mclntoshes, banded themselves together to oppose " all 
and sundrie, their enemies." This was the age of these ''Bands" of 
alliance that became almost universal among the Highland clans. 

Alexander Gordon of Abergeldie, who was Commissioner for the 
Earl of Huntly, had been much harassed by the combination formed 
against hint He found himself under the necessity of applying to the 
Lords of Council for a decreet of " Lawboroughs " against them This 
was granted ; and the number of persons against whom it was directed 
is a melancholy proof of the lawlessness of the country at that time : — 

** Apud Edinburgum vigesimo Septimo, Decembris anno 
Duy millesimo sexentesimo octc^esimo secundo. 

" The whilk day sufficient caution ... for Lawborrows asked 
was found in the books of Counsel and Sessione ffor Elizabeth M'intosh, 
Ladie Invercald, Mr. John Forbes* ... 

"Charles Farqrson of Monaltrie, Arthur . . . there, • . . glassie; 
Alaster Wat in the Coule ; John Taylour there ; John San . . . there ; 
John Corrie in Prestchoill ; Alaster Taylour there ; Robert Gregor, (?) 
there ; Patrick Naimes in Lyonniog ; Wm. Nairn, there ; Wm. M*intosh 
(?)... Naime, there ; ... in the Coggach ; John Grant, there ; Wm. 
Murray, there; John McRobie in Dovinboille; Donald McHardie, there; 

I It is not dear why the Lady of Invercauld and Mr. John Forbes should have been 
exempted from the law-b<^rows, nor what position Mr. Forbes then occupied in relation to the 
Invercauld fiunily. Two Facts some years afterwards transpire that show the Lady and her fiunily 
were not on a very friendly footing : She married Mr. Forbes for her and husband, and her son, 
John Farquharson, by her former marriage, had to raise an action at law against her claims on the 
Invercauld estatCt the particulars of which are contained in these papers. 



FAMILY PAPERS: ELIZABETH MCINTOSH. 263 

Forbes in Cariehoul ; John Gressan, in Torryhoilin (Tomachyrdyoin ?) ; 
John Forbes, there ; Alister Forbes off Glennochtie ; John Forbes, in 
Iny&myty ; Alister Forbes, there ; James Forbes, there ; Alister Wat, 
there ; Alister Forbes, in Bellnabowdnack ; John Gordon, there ; Alister 
McRobie, Miller off the Mylne off Glencarvie ; Arthur Kelles, there ; 
Robert Gillanders, there; Alister Forbes, in the Knockley ; Wm. Michie, 
there ; Wm. Anderson, off Little Glowarly ; Alister Mc . . ., there ; 
Lachen Ferries . . . Michie, there ; Robert Michie, in Loynmoir wricht 
there ; Alister Rechtie, Corrybergie ; John McConorkie, there ; John 
Forbes, in Bircks ; Alister Forbes, there ; Duncan Andersone, of Cano- 
craig ; Alister Thomsone, there ; Robert Andersone ; Alister Gressich, 
in Simile East ; Robt Andersone; Robt Forbes there ; Wm. McHardie, 
in Corriebroich ; Wm. Summer, there ; Patrick Barrie, there ; Alester 
McHardie ; John Forbes off Invemochtie ; Robt Moir in Runnstoche ; 
John Moir, there ; Wm. Moir, there ; Alister Wat, in Aldhie ; Wm. 
McLachen, there; Wm. McLachen, there; Wm. Reid, there; ^Alexander 
Mclachen, there ; Alester Mclachen in Tomagaven ; Wm. Taylour, there ; 
Wm. Gall, there ; Alester Mclachen, there ; Alester Mclachen, there ; 
Alester Mclachen, there ; John Forbes in Ledmacoy ; Wm. Taylour, 
there ; Alester Alnach, there ; James Cattanach in Goldarneb ; Wm. 
Elphinstone . . . John Ross, there; John Dunbar, there; Alester 
Alnach, there; James Forbes off Calrachie ; Arthur Forbes, there; 
Alester Gall ; Alestr Forbes, there ; John Forbes, of Culonnie ; John 
Forbes, there ; Wm. Gall, there ; Alestr Gordone, there ; Alstr. Dunbar, 
there; John Dunbar, there ; David Dunbar, there ; John Farqrsone, in 
Altomiebank ; John Grant, there ; James Gordone, there ; James Simp- 
sone, there; John McHardie; John Wat, all there; David Dunbar; 
Elspet Andersone, there ; John Michie in Castletoun ; John Michie yor. 
there ; Alan Tailour, there ; Robt Wat, there ; Donald Farqrsone,' in 
Dulisach ; James Claser, there ; Meyr. Wat, in Ardynesh ; George Wat, 
there ; John Wat, there ; John Begg, there ; Donald Farqrsone, Lubnuive ; 
John Farqrsone in Ordavie ; James Farqrsone, there ; Wm. Farqrsone, 
Dahach ; Alister Tailour, in Meikle Corriequek ; Robert Farqrsone, there; 
John Nairn, there.; James McHardie, there; James Tailour, in Little 
CorrihouU ; Wm. McHardie, there ; Wm. McHardie yor, there ; Alister 
McHardie, in Tomihawes ; Patrick Naime, there ; John Wat, there ; 
Donald Bane, there ; John Allen, there ; Wm. Naime ; John McHardie, 
in Culnayachen ; Andrew Davidsone ; Alister Farqrsone, Dalnabow ; 
Robert Robertson there ; . . . Nairn in the Boggach ; John Grant, there ; 
Wm. Marr, there ; J . . n McRobie, indweller there ; Donald Ogyelvy 
there ; Robert Alenach, there ; John Mc . . em, Glencarvie ; Patrick 
Mchurish, in the . . . ; John Irvine, there ; John Naime, there ; Wm. 
Naime, there ; John Taylour, there ; Alaster McGregor, there ; John 
Farqrsone, there ; Alex Wat, in Tamenessle ; John Gowyr ; Arthur 



264 RECORDS OF INVERCAULD. 

Angus Ross, there; Patrick McHardie, there; Alister Tailour, in 
Lymoch ; Calam Michie, there ; Geoi^ Forbes off Skelater ; Alaster 
John, and Duncan Forbeses, there ; John Browne, there ; Alester Forbes 
in Lyenord ; John Wat, there ; Alester Forbes, there ; James Hendere, 
there ; John Browne, there ; John Farqrsone, in Dalhande ; Robert 
Forbes, there ; John Forbes, there ; Alister McHardie, there ; Alister (?) 
Forbes off Lynewine (?) ; Duncan Glass ; Donald Glass, there ; John 
Michie, there ; Wm. Allendrech, there ; Alester Forbes off Nevie (Newe ?) 
Thomas Michie in Torrisheich ; Alester Grash, there ; Alexr. Grash, 
there ; Alestr Kells, there ; John Grash, there ; John McRobie, there ; 
Patrick McRobie, there ; Robert McRobie in Ardochye ; John McRobie ; 
Alester Nairne, there; Patrick Dunbar, there; Shames Reach« in 
Ardochy, John Dunbar, there ; John Reach, there ; John Michie, there ; 
Alester Gordone off Blelack ; John Clerack in Calmyark ; John Clearck 
yor, there; Thomas Ross, there; James Laurie, there; John Reach, 
there ; John Reach in Chasendrie ; John Michie, there ; James Michie, 
there ; Alaster Laurie, there ; Donald Shea, in Bc^stoune ; John Ross, 
there ; John Webster, there ; John Ross, in Foagiemilne ; Patrick Couts, 
in Chastletoune ; Alester Grassich, there ; Alester Reach, there ; Patrick 
Bonach, there ; George Bonach, there ; John Stewart, there ; John Gavin, 
there ; John Grassich, there ; Alester Grassich, there ; Alester Grach, 
there ; James Michie in Bromhill ; James Michie, there ; Alester Farqrsone, 
Tutor of Broughdargh ; James Farqrsone off Nairn ; John Farqrson, off 
Reverney ; John Farqrsone off Wastoune ; Alester Farqrsone off Breym- 
bie; John Farqrsone off Duchrie; James Farqrsone, their Tutor off 
Bruchderg ; his brother germane, Wm. Farqrsone off Dalilsterlie ; John 
Farqrsone off Seuchene ... in Dalmonzie, Andrew Spaldene of Assen- 
hillie ; Paull Farqrsone off Rinnabrie ; Barrone Reid ; Alester Farqrsone 
off . . . Wm. Farqrsone, his sone ; Alester McVoerich in Almaid ; John 
McVoerich, in the Milntoune of Invercald ; John McDonald in Kenda- 
craig ; Findlay Farqrsone, at the boat of . . . Geoi^e Barrie in Baudaprig ; 
James Camie, in Tantantlie ; Wm. Farqrsone off Invercald and his Tutors 
and Curators* ; John McStavich, there ; Thomas Bimie in Tomagarsh ; 
John Cowie in Drummergat; John Farqrsone, in Monaltrie; John 
McAlester, Coick ; Alester Dick ; Mr. James Roy, in Monaltrie ; Robt 
Stoobat, there ; John McAirlie, there ; Alester Bayn ; James Stewart, 
there; and Alester Mcdermid, Maltameid. That Alexander Gordone 
of Aberyeldie shall be harmles and skaithles in his body, his 

I William Farquharson of Invercauld was at this time a minor. Ills principal totor and 
curator was his nnde, the Laird of Mcintosh ; and it was probably on this account that his name 
is included in the list His father, Alexander, who died in 168 1, left three sons, William, John, 
and Alexander. The first succeeded and died without issue in 1694 ; the second then succeeded, 
of whom much has to be recorded ; and the third was, by purdiase, the first of the 2nd fiunily of 
Monaltrie. 



^FAMILY PAPERS: WILLIAM. 265 

wife, bairns, men, tenents, Servents, Cotters, shall be harmles and 
skaithles in their bodys, lands, heritages, tacks, steidings, rooms, possess- 
ions, cattell, goods and geir and byres belonging to them shall no wayes 
be troubled nor molested therein — All by the forenamed persons, nor by no 
others of their causing, sending, hounding out, conniving, recept, assist- 
ance and be Vatchabil one whom they may stop and let directly and 
undirectly from the day of the charge given to them for that effect, nor 
in tyme coming, Otherwayes thyr (they are) by order of law and justice, 
ilk landed persone fomamd under the paine of ane thousand merks, and 
ilk unlandit under the paine of four hundred merks. 
Extractum de libris actour, &c., 

John Oliphant" 

It is noticeable that a very large number of the names in the above 
list are those of the Forbeses and their dependants in Strathdon, and 
Corgarff including also some Gordons resident there. 

William Farquharson of Invercauld, eldest son and successor of 
Alexander, only survived for about a year after attaining his majority. It 
was, however, a year (1693-4) of considerable change in the property as 
will be seen by referring to the Estate Peters of that date. His person- 
ality is scarcely felt, most of « the business having been transacted by 
agents in his name. The following relating to the settlement of family 
affairs are almost the only matters of any importance that require to be 
noticed : — 

"Reorat Assignations. 
" Mr. John Forbes to Wm. Farqrsone. 

** Att Aberdeen the Sexteent day of December 1693 yeares In 
Presence of Andro Fraser of Kinmundie, Shirreffdeput of Aberdeen 
compered Mr. Alexr. Leslie, pror for the efter designed Mr. John Forbes 
and gave in the assignatione under-written desyring the same to be insert 
and r^istrat in the Shirreff-court books of Aberdeen TO have the strength 
of ane decreet that all executione needfuU may be directed thereon in 
manner spect* therintill Whilk Desyre the sd. Shirreffdeput thought 
reasonable, and therfor has ordainet and herby ordaines the sd. assign- 
atione to be insert and r^^t in the sd. books To have the strength of 
ane decreet that all executione needful may be directed theron in manner 
therin contained, Wherof the tenour follows : Be IT Kend to all men 
be thir presents Me, Mr. John Forbes in Invercauld forsomikle as Arthur 
Forbes of Brux be his bond and obligatione of retrocessione subscrybed 
with his hand on the dait, the twenty day of November 1693 yeares, band 
LL 



266 RECORDS OF INVERCAULD. 

and oblidged him his aires, exers and successors To have reponed and 
and retro^ssed me» my airs and assygneyes In and to ane disposition 
granted be me to him of myne and my spous's her lifrent right of the 
lands of Invercald upon the payment and satisfactione to him of such 
soumes of money as I rest him, and that he is mynyed for me Upon just 
count and reckoning. And seeing William Farqrsone of Invercald hath 
payed and delivered to me the equivalent of the soumes contained in the 
backbond above mentioned. Wherfor witt ye me to have made constitut 
and ordained and be the tenor heirof flfor me, my aires, exects. and 
successors makes and ordaines The sd. William Farqrsone, his aires, 
successors and assigneyes my very lawfull, undoubted and irrevocable 
cessioner and assigney In and to the sd. bond haill force and strength 
and effect therof with all that hath followed or may follow therupon. 
With full power to him and his forsds. to call and persue for the samen 
transactione, compone and agrie for the samen, grant acquittances and 
aud discharges therupon &c In als full powers as I might have done 
the same myselff before the making heref. And seeing the sd disposi- 
tione above rehearsed is legallie Intimat to the said William Farqrsone I 
oblidge me and my forsds. to acquyt, warrand, and defend the sd. 
William Farqrsone and his above rehearsed ffrom all coast skaith and 
dammage they may sustaine by the same, and that the sd. William 
Farqrsone shall be frie, and it shall be coustome to him to retain in his 
own hands such soumes of money as he is oblidged to paye me and my 
spouse yearly aye and while the haill contents of the said back bond be 
performed tp me, and he therby fried from dammage which he may 
incurr herby Constuteing r^ratione herof in any judicatorie court-books 
compitent within this kingdome ther to have the strength of ane decreet 
that all executione needfull may be directed theron. On ane single 
charge of sex dayes — constitut Mr. Alexr. Leslie, Advocat, my prox. 
In witnes wherot (written be Charles Farqrsone, Notar publict) thir 
presents are subst with my hand at Invercald the fifteent day of Decem- 
ber 1693 years Befor witnes's Mr. Arthur Farqrsone of Cults, James 
Thomsone notar publict, and the sd. Charles wretor herof SiC SUBR. 
Mr. Jo. Forbes, Mr. A. Farqrsone witnes, James Thomsone witnes, Ch. 
Farqrsone witnes. Extractum per me. 

Tho. hay." 

A parcel of old papers, docketted, " Inventor of papers belonging to 
William Farquharson of Invercauld with John Farquharson of Fortrie 
(and Rivemie), conform to Invercald's letter decret yr. anent for Mr. 
Alexr. Thomson," contains some items of information regarding the 
family history not noticed elsewhere. They are briefly these : — 

John Farquharson of Fortrie, the custodier of these documentS| is 



FAMILY PAPERS: WILLIAM. 267 

" retour tutor to Invercald, his brother and sisters " — an evident lapsus 
pennae for brothers and sister. The inventory is dated 25th Octr., 1693. 

John of Fortrie was the son of Finlay of Rivemie, who was the son 
of Robert of Rivemie, who was the eldest son of Finla Mor by his second 
wife and who succeeded his father in Invercauld in 1547. 

The parcel contains also " the contract of marriage between Robert 
Farquharson (III.) of Invercauld and Anna Ogilvie, his spouse" ; but of 
this marriage there was no issue ; and it has already been noticed at 
length. 

It also contains "Precept of Mr. Robert Farquharson against 
Elizabeth Mcintosh, Lady Invercauld, and Mr. John Forbes, her husband, 
for the moveables and plenishing of Invercald with homing and caption 
thereon," Mr. Robert Farquharson, minister of Kennethmont, succeeded 
his kinsman, John of Rivemie, as tutor of Invercauld, and instituted the 
above process against the lady and her second husband, whose marriage 
seems to have given much offence to her family, and their curators. 

As an instance of the proceedings instituted by them, we have the 
following : — 

"Att Invercauld isth Deer. 1693, in presence of Mr. Arthur 
Farquharson (of Coldrach ?) bailyie of the royalty of Kildrummie sitting 
in judgement in Court lawfully fenced ; compeared Elizabeth Mcintosh 
relict of the deceast Alexander Farquharson, now spouse to Mester John 
Forbes, &c 

" She now surrendered all right that she had in dowery to the Davoch 
and half of Invercauld and all right which she had by matremonall 
contract, in favour of William Farquson his heirs &c., and pledges to give 
the l^ral Writs whenever the said Wm. Farquharson asked and took 
instruments. 

* "Signed by 
Elizabeth Mcintosh, John Forbes and William Farquharson." 



268 records of imvercauld, 

John Farquharson of Invercauld. 

This remarkable man was bom in the year 1672 or 1673. It was 
not then customary for even the nobility in Scotland to roister or keep 
a record of the birth of their children except occasionally of that of the 
eldest son and heir ; and John Farquharson was not the eldest son or 
apparent heir of his late father, Alexander. We have, in consequence, 
no record of the exact date of his birth ; but we know from other 
evidence that it must have been in either of these years. He was 
therefore in his 8th or 9th year at the time of his father's death. What 
has been discovered of his upbringing and education has been already 
narrated. He seems to have been, even in his youth, a person who had 
a mind and will of his own. 

Besides Invercauld, the family had at that time two other residences 
in Aberdeenshire — Wardhouse in the Garioch, and Cloak in the Parish 
of Lumphanan. It would seem that when quite a young man, John 
frequently visited the latter place, and while there, made the acquaintance 
of the neighbouring family of Sir Alexander Burnett of Craigmylc, which 
consisted of three daughters, the eldest, Isabella, being about his own age. 
All the circumstances of their subsequent marriage have not come to 
light ; but it would appear to have been approved on both sides ; for 
there was a regular contract of marriage duly drawn up and subscribed 
as will afterwards appear, the only legal irr^^larity being that the con- 
tracting parties were both minors and both fatherless, and so far orphans. 
John did not bring his young wife to Invercauld where there was a large 
household already, but either set up house for himself at Cloak, or, what 
is more probable, resided with the Burnett family at Craigmyle, where his 
presence would be very helpful to the widowed Lady and her daughters. 

. At his elder brother's decease in 1694, he became heir to the whole 
estate, and, being now come of age, he entered upon possession and re- 
moved to Invercauld. 

One of the first things to engage his attention was to ascertain the 
legal validity of his marriage contract, the parties to it being both minors; 
and accordingly a case was prepared for the opinion of Counsel. It is 
headed: — 




(^:^?//// r^:aia€/JaU/??t [^)^Gyng^t/n/i/^ 



>V N- 






k1 .ons. 



family papers: john. 369 

^ Information for the Laird of Invercauld and Isobell 
Burnett Daugt. to the deceast Sir Alexr. Burnett of Craio- 
myle, his spouse." 

This document sets forth that, 

^ The said Issobell Burnett in her Contract of Marriage with Inver- 
cauld having disposed all Lands and effects to which she might succeed 
as heir to her father, in favour of her husband and she l^ing minor, 
queritur whether the Disposition will stand valid or be reducable upon 
minority, and notwi^tanding that she has yet a suitable liferent 
provision of 200: lib. Stirling." 

The opinion of counsel is rather a long document, but the following 
quotation will suffice as answer to the above query: — 

" A minor may dispose by Contract of Marriage, and, if she marry 
suitablie and receives competent provision in favour of herself and the 
heirs of the marriage, she or her heirs will not be injured. And consider- 
ing Invercauld's quality and fortune and the provision to herself and 
children, it is not thought that the heirs would quarrel (challenge) the 
Disposition pf the heritage writ in the Contract of Marriage." 

Counsel then suggests certain precautions which he thinks Invercauld 
would do well to adopt in case of any dispute arising. 

The estate of Craigmyle was considerable. In fact at that time it 
was the largest in the Parish of Kincardine O'NeiL It is thus entered in 
the Poll Book, compiled just at this date : — 

*The waluatione of the Lands of Craigmill, in the said Pariochin, 
is £620 o a 

" Imprimis, Dame Nicolas Young, relict of Sir Alexander Burnett of 
Craigmill, her waluatione of the said lands being above six hundred 
pounds, is liable for the third pairt of her husband's poll (which,*if alive, 
would have been ;C24), and 6s, is £S 6 o. 

** Item, Anna and Margaret Bumets, her daughters infamilia^ their 
Poll is ;fo 12 a 

^ Item, the said Dame Nicolas Young, as possessor of the Mayns» 
her proportione of the valued rent is . . • ;Ci o a" 

The widow was assessed on only a third part {£620) of the whole 
valued rental, which would thus amount to ;^i86o, and being above 
£iQOO^ would have been chaigeaUe with a tax of £2^ as stated in the 
report 



270 RECORDS OF INVERCAULD. 

Isabella Burnett, now Mrs. Farquharson, is assessed with her husband 
at Invercauld, where the entry bears : — 

''The Laird of Invercauld, as greatest heretor in the said pariochin 
of Kindrochet (Braemar), his valuation is . . . ;f 333 6 8. 

''The valuation of the Laird of Invercauld in the pariodbin and 
elsewhere (his lands) being above one thousand pound, is liable for £24 
of poll, and the general poll of 6s, both is . ;C24 6 a 

"Item, His Lady, of general poll is . . • 06a 

" Item, His brother, Alexandes Farquharson, his poll is 360.** 

From the above entry it would seem that John Farquharson of 
Invercauld had no family alive at this time. Burke (Landed Gentry) 
says, " He had several children (of this marriage) who all died young." 

Another case submitted to counsel for information was this : — 

" The Laird of Mcintosh, having been Tutor to. the deceast Inver- 
cauld, and having found two Bonds due by himself in the Charter Chest 
and opened and took out the same, alledging that Invercauld (Alexander) 
promised never to resait (receive?) the same. — 

Queritur : What action may be competent agt Mcintosh for recoverie 
of the same writs in these two Courts ? " 

The answer is very long and not very explicit It resolves itself 
mostly into this : that the Court might refer the matter of the promise 
to the oath of the Laird of Mcintosh. 

Mcintosh was the uncle and one of the guardians of the deceased 
William Farquharson of Invercauld who died in 1694, his sister, Elizabeth, 
having married Mr. Farquharson, the father by her of William and John 
who succeeded his brother. 

When John Farquharson succeeded to the Estate of Invercauld and 
took up his residence in the family mansion, the management of the 
Craigmyle property devolved upon the dowager Lady Burnett and her 
curators, who were her brother, Robert Young of Auldbar and Charles 
Maitland of Pittrichie They do not seem to have been conducting 
matters in a manner quite satisfactory to Invercauld, who had to raise 
several actions at law against their proceedings; and sometimes a 
correspondence of a very formal nature passed between them. The 
following will indicate its character : — 



fl 



FAMILY PAPERS : JOHN. 2/1 

" Auldbarr 2. Oct 
«Sr. 1706. 

I have yours deated the last of Sepr last deseiring a metting to 
adgust diflferences betwixt you and I, me mind in my last I told you, 
that I could nott without Pitrichie who is equallie concerned in Craig- 
myl's debts, and the pleace of mietting most be Ahd.^ because the 
accompts lye there and therfor most be before the tyme you account 
So, as I wrote in my last, I can make no appointment without him. But 
if ye ar not pleased to wait till his dyett can serve, ye ar fullie excused 
to pershue as accords. As to what ye wreatt anent my bonds of relieflF 
that ye ar not secured without ^^wr warrandice I can write now for my 
sons corroborating it is materialie done. The said bonds came yesterday 
to his wyf and he is not at home at present and for yr. using me certione 
for the bill you may uss it and Let my credett take its hazard, however 
ther is no debt of Craigmyles yt you will name but ye shall be saved 
against it and what securitie my Laweers think fitt for yr. securitie shall 
not be delayed. 

By, Sr., yr. afTectionat and humble and true Servt., 

R. Younge. 
Sr. The assignation I have taken to Craigmyles debts which amounts 
to mor than the half ar all in my own name so yt my obliegment to your 
bill will always meet them Adeue. 

"My Wyf and I unites our best service to my Sister,' your self and 
Ladie F." 

Pittrichie and Auldbar find it necessary to admit Invercauld's claim 
on certain subjects and the former grants him the following obligation: — 

''I, Sir Charles Maitland of Pittrichie knight baronet bind and 
oblidge me my airs and successors to make just compt, reckoning and 
payment to John Farquharsone of Invercald his ares and assigneyes of all 
intromissione had or to be had be me with the marlls and dueties of the 
lands and heretages of the deceast Sir Alexr. Burnet of Craigmyll, Cropt 
and year of God 1696 yeares falling and appertaining to the sd. John 
Farquhar^ne either as husband to Isobell Burnet, oldest daughter to the 
sd. umqll Sir Alexr. Burnet, or as exer and universall legator to umqll 
Anna Burnet second daughter to the sd. umqll Sir Alexr. Burnet — And 
that betwixt the dait hereof and the terme of Whitsonday next to come 
Conserving thir yeares rentes be registrat in any register competent To 
have the strength of ane decreit That all letters and enells needfull may 
pass hereon in forme as efferes and constitutes 

"My prdrs and in witnes whereof, Writtene be George Paton, 
servitor to Mr. Alexr. Thomsone, toune clerk of Abd., I have subscribed 

I Not Lad^ Burnet, his sbter, bat his niece, a tenp not then in us^ 



273 RECORDS OF INVERCAULD. 

thir presents with my hand at Aberdeen the second day of December 
1697 veares Befor thir Witness— John Farquharsone of Westoune and 
the sd. Mr. Alexr. Thomsone and George Patoa 

Ch. Maitland. 
J. Farqrsone, Witnes, 
Alex. Thomsone, Witnes, 
Gea Paton, Witnes." 

The Burnetts of Craigmyle were closely connected with many of the 
leading families in the counties of Aberdeen, Forfar, and the Meams. 

On the death of Sir Alexr. Young of Auldbar, his Lady's brother, 
was appointed trustee on the Estate and adviser of the family. After 
Anna's death (1696), Margaret, the only remaining unmarried dai^hter, 
went to live with her sister, Mrs. Farquharson, at Invercauld. 

The charges to which Invercauld at this time was put in defending 
the rights of his wife and sister-in-law were very heavy, hence the 
following : — 

"Obleidgment: Margaret Burnet To L. Invercald Anent 
his expenses att Edn." 

"I Margaret Burnet, youngest daughter to the deceast Sir Alexander 
Burnet of Craigmile, with consent of my curators underscribing being. In 
caice John Farqrsone of Invercald be obleidged to goe to Edbh. in 
proseqte or defence of any actions prosequetewed or to be prose- 

auetewed anent the estate of Craigmile and that he be desyred to 
oe the same be Mr. Robert For&es of Leamie, Advocat, or Mr. Arthur 
Forbes, Writter to the Signet, his brother, I bind and obleidge me to pay 
to John Farqrsone foresd. the halfe of all' expenses personall or other- 
wayes which he shall happene to deburs theranent In witnes qherof 
(written be John Clark, servitor to Mr. Alexander Thomsone, toune 
Clerk of Abd.). I and my sd. curators have putt their presents with our 
hands at Aberdein the twentie-nynth day of Novr. ja/ vi and nyntie nyne 
years (1699) Befor thir Witneses the Subs., Mr. Alexr. Thomsone and 
John Clark. 

Margaret Burnet 
AL Thomsone witnes, 

J. Clark witness. R. Conner consents 

W. Forbes consents 
A. Barely consents." 

Almost from the date of John Farquharson's marriage with Isabella 
Burnett there had been elements of discord in r^;ard to the rights of the 



FAMILY PAPERS: JOHN, 2/3 

several heirs portioners of the estate of the late Sir Alexander Burnett of 
Craigixlyle. These increased as time wore on and new complications 
arose. The following " Copie of the Chaise to be given publicly and at 
the Mercat Croces" will show how matters stood in 1708 : — 

*•!,... Messenger, By virtue of our &c letters of Inhibition, whereof 
the @ written is ane just double, raised at the instance of Isobell Burnet 
spouse to John Farqrsone of Invercauld and the said John Farquharsone, 
Complainers therein speitt. In her majesty's name and authority, 
Inhibite and discharge you, Robert Young of Auldbar' that ye nowayes 
sell, annalzie, wodset, dispone, resigne, delicpedat, nor put away any of 
your lands, heritages, tenents @ rents, lif-rents, revers-rents, milnes, 
woods, fishings, tacks, steedings, teynds, roomes nor other property 
whatsomever, pertaining or belonging to you nor maks no private nor 
publick alienations, dispositions, wodsets, Assignations, resignations, re- 
nunciations, nor other rights or securities thereof nor of any pairt of the 
same to no persone or persones, nor Contract nor take on debts, nor 
grant bonds, nor other rights, nor servitudes therefore, nor do no other 
fact or deed directly or indirectly in any sort whereby the rights of the 
lands and others stenting, appertaining or belonging to you may be any- 
wayes straited, apprysed from you or be denuded thereof any manner of 
way In defraud, hurt, and prejudice of the said Complainers annent the 
implement and fuUfilling to them of the two regrat bonds of whose prinll 
and payment making to them of the liquidate penalties as written therein 
contained conform to the will of the prinell letters of Inhibition in all 
poynts which are dated at Edgh. the 26th day of October and of her 
mdties Reign the seventh yeirs 1708. This I do. upon the , . day of . . 
1708. In presence of . . Ex deliberatione dom um Concilij." 

Appended to this document, but in a different hand, there is a 
curious note of instruction probably intended for after copyists. It runs 
thus: — 

" Before writeing the above copy cause double the letters of the 
Inhibition verbatim till the Will, and then say — Our Will is &c ; Accord- 
ing to Justice as ye will answer &c. ; given under our Signet At Edgr. 
the twenty sixth day of October and of our reign the seventh year, 1708, 
Ex delibo-atione Domrum CounciliL In Subtur Jo : Elphinston writ be 
Sam : TuUoch his servant signet" 

Then in another hand more like the first : 

" Then on the same paper, add — The forsaid Copie." 

I Robert Young of Auldbar was a stout Jacobite and took a prominent part in Mar's 
rebellion which he was one of the first to join. He was present at the meetins at Aboyne when 
the rising was finally resolved upon, and at all the Councils of War that were held till the armjr 
marched south. 

MM 



274 records of ikvercauld. 

" Inhibition 
» Burnet &c. Agst Young." 

This is an action before the Court of Session at the instance of 
Isabella Burnett and her husband, John Farquharson of Invercauld, and 
her sister, Margaret Burnett, as heirs of line, and of James Burnet of 
Monboddo, as heir of tailzie, to restrain Robert Young of Auldbar from 
selling, alienating, or otherwise injuring the interests of the complainers in 
the barony of Craig^myle and the lands thereto pertaining which he was 
proceeding to do in virtue of a bond he held over the estate. 

The document, which contains the deliverance of the Court in favour 
of the petitioners, is neatly written on a roll 56 inches long by a foot in 
breadth ; but is not otherwise of importance than as showing the descent 
and family connections of the Burnetts of Craigmyle, and the extent of 
their estates. 

It sets forth that, 

^ The said Isobell Burnett, one of the three daughters, and heirs 
portioners, served and retoured to the deceast Sir Alexander Burnet of 
Craigmyle, her father, and to the deceased Master Alexander Burnet of 
Craigmyle, her grandfather, and to the deceast James Burnet of Craig- 
myle her great grandfather, and also one of the two heirs portioners 
served and retoured to the deceast Anna Burnet ^er sister german 
heritable proprietors of the half of the lands, Baronies, milnes &c with 
the special advice and consent of the said John Farquharson of Inver- 
caulcf, her husband, did dispone of the lands lying in the parishes of 
Kern, Kinnedar, Kincardine O'Neil, Strauchan and Banchory Teman." &c 

The Laird of Auldbar was the uncle of the young ladies of Craig- 
myle. In the Poll Book, as already stated, their mother is entered as 
•• Dame Nicolas Young, relict of Sir Alexander Burnett of Craig^ill, 
liable for a third part of her husband's poll," and Anna and Margaret, 
her daughters, are stated as living in family with her. This was twelve 
years before the date of the above action. 

"John Farqn. and his Spouse, Isobel Burnet.** 

A summons is served at the instance of Robert Farqr. in Glenneskie 
on " Dame Isobell Burnet, spous to John Farquharson of Invercauld and 
the said John Farquharson, her husband, for their interest to compeir 



FAMILY PAPERS: JOHN. 2f$ 

before the Lords of Counsell and Session at Edinburgh to answer at the 
instance of said persewer in the action and cause of declarator of non- 
entrie lybelled." 

•* Served on 12th day of May 1709." 

The above shows how troublesome and protracted had been the 
legal settlement of the various claims on the estate of Craigmyle. 

A somewhat long document, headed : — 

" Invercauld's Account 
To 
Mr. Arthur Forbes," 

contains items for legal charges and estate management — among others: — 
^ ffor letting Lady Invercauld's Cloacks, ;Co 13 4 
Summais^i56 6 4 

"Abd. May 31, 1697. 

** Received the hail payt of the Compt above written and grants 
discharges thereof and all preceding Accompts 

A. Forbes." 

Lady Invercauld was Isabella Burnett, wife of John Farquharson. 
It is not clear to the editor what letting the Lady s Cloacks me^xis\ perhaps 
letting is a mistake for setting. 

A. Forbes seems to have been law agent for Invercauld in Aberdeen. 

A Form of Tack. 

The document from which the following extracts are taken relates to 
a Decreet obtained by John Farquharson of Invercauld from the Court 
of Session, and is of some historic value as specifying some customs now 
long out of use. 

"William. Be the grace of God King of &c. for as much as By 
Contract made and past l^twixt John Farquharson of Invercald, heritable 
proprietor of the Lands, Baronies, and others after writ on the one part, 
and George Gordon, Litster, Burgess of Aberdeen on the other part, of 
the date 15th February 1697, the said George Gordon bound and obliged 
him his heirs &c. to have paid and delivered to the said John Farquharson 
his heirs &c during the period of nine years to and from the year 1696 to 
the year Ane Thousand Seven Hundred and Six. At least desiring the 
finding of the said contract the sum of money, quantities of ait victul, and 
others after writ in manner and att the terms of payment after mentioned 
Viz the soumes of 4000 merks &c. &c &c 



276 RECORDS OF IKVERCAULD. 

" Two chalders and foure bolls good and su£Bcient ferine meall and 
two chalders foure bolls good and sufficient bear both of the growth erf" 
the Lands and Baronies of Kinaldie and Melgium and of the lands 
of Coldstane mentioned within and lying &c 

** To be paid to the minister of Coldstone As also to the said 
minister of Coldstone yearly the half vicarage arising from the payment 
of the Lands pertaining to the bishopric of Aberdeen and pa3fable to him 
at the terms after mentioned, &c 

" The said George Gordon bound and obliged him his heirs foresaid 
to cause, transport and convey the same upon his own horses, sacks 
charges and expences to Invercauld or Aberdeen yearly in the option of 
the said John Farquharson and to deliver the same to him att any of the 
said Lands or Places he shall desire, and sicklike the said George Gordon 
bound and obliged him and his foresaids to warrant — free, al^lve and 
skaithless keep the said John Farquharson and his foresaids during the 
said nyne years speace of any back ticket or obligtment to John Gordon 
in Daugh anent the dutie of the said soume, and likewise the said George 
Gordon band and obliged him and his foresaids that he should no wajrs 
sell any tacks of the said Land and Baronies or any part thereof to no 
person or persons, but such as should make their actuall residence and 
dwelling there upon, and that he should not sell any tacks with dimuni- 
tion of their present rentall, And also the said George Gordon band and 
obliged him and his fors'ds to leave the haill Lands, Baronnies and others 
sufficiently tenenstead at the expyring of the s'd Contract, and the hale 
rents thereof to be payable be the tenents of the same in two pairts 
vituall and third pairt money, except the Lands of Boggstone, Langhaugh, 
Ballingstaine, Pentelane, Badn^ach, Baig, and Belgrenie' which were to 
remain Conforme to the then present rentall ; as also the s*d George 
Gordon band and obligded him and his fors'ds to leave yeards and 
gardens of pittallochie, dyks thereof, tree and planting within and about 
the same in als good caice and condition att the expyring of the s*d 
Contract as the same should be appretial to him att his entrie therto, and 
in regard that James fTorbes in Kinaldie* have some ease of the rent of 
the roume then possessed be him and his subtennents. Therefor in caice 
after the expyring of his tack the s'd John ffquharson should get the 
rent thereof raised to any more duty, either victuall or money, than was 

1 These were all hill or grazing farmt, and hence not subject to the same regulations as those 
that were mainly agricultuial. 

2 Forbes was what was then called "a kindly (kinlv) tenant," (1/., one near of kin to the 
proprietor, which he was to the former proprietor, H. Forbes now of Boyndlie. Such tenants 
neld their tacks on Msy terms, which doubtless was the reason why Invercauld, the new pro- 
prietor, expected a rise of rent when the lease expired. 

The entry in the Poll Book (1696) is as follows :—" James Forbes, 'tenant in Kinaldie, he 
clasnng himself as ane gentleman is not liable to the proportion of his masters valuation, his poll 
u £3i «i^<l the general poll of 6s, both is . . ;f 3 6. 



FAMILY PAX>ERS : JOHN. 277 

contained in his then putt rentall thereof. Then and in that caice the 
said George Gordon band and obliged him and his foresaids to have 
made Count rekoning and payment yearly to the said John ffarquharson 
and his fores'ds during the standing of the s'd Contract of the said super- 
plurs highted rent of the s'd James Fforbes possession compting the 
highted victual! at seven merks the boll yearly and in like [manner] 
resting and unpayed with the like money and victuall duties in time 
coming during the foresaid nyne yeirs speace. And to implement and 
fulfill the haill the othar obligements and clauses of the forsaid regrat 
Contract and likeways to meak Payment to the said John Farquharsone 
of the said soume off one thousand punds scots money of liquidate 
expenss indured through falizie after the forme and tenor of the said 
registrate Contract in all points within the speaces following, viz — within 
ten days if he beis within this our realme and if fourth thereof within six 
days next after the Chaise underlye pain of Rebellion and putting of him 
to our horn gin [if] he foilzie the said ten dayes being bypast that in 
Contenant therafter ye denunce the disobyer our Rebell and put him 
therto and ordain all his movable goods and gear to be escheat and 
inbrought to our use for his contempt and disobedience and imediatly 
after your said denunsation that ye use the haill remanent order pre- 
scribed be our act of Parlament and ordenance made theranent in all 
points, And sikelike yt ye in our name and autie forsaid fence and areist, 
apprise, compell, poyned and distrainzed all and sundrie the said George 
Gordone readiest movable goods and gear, Corns, Cattell, horse, nolt, 
sheep in sight plinishing, debts soumes of money and others his movable 
goods and gear qtsomever, qrever or in whose hands the same may or 
can be apprehended within this our Realme. Make pennie therof and 
the said John Farquharsone to be compleatly satisfied and payed of the 
forsaid victuall and money duties, customes and oyrs after the forme and 
tenor of the said Regrat Contract in all points and of the foresaid 
failzies According to Justice, as ye will answer to us therupon, The qlk 
to doe we comitt to you contly [conjunctly] and seally [severally] our 
full power be thir our letters delivering them be you duely execute and 
indorsed again to the bearer, given under our signet att Edgr the second 
day of July and of our Rigne the tenth year 1698 

"per . . . dominorum Concillii 
Arth. Forbes 
1 2th July, Mesr ve ch. Cuming my Srest 

1698." 

The above is a fair specimen of Contracts of this nature which were 
often entered into by proprietors, and shows how scarce at that time 
ready money was amongst them and where it was to be found when 
required, namely, among the bui^esses of thriving commercial cities. 



278 RECORDS OF INVERCAULD. 

LAirds then (1705), as now, were sometimes fiivoured with ^nonymoas 
communications by zealous but timid advisers. The following, curious 
in itself, throws some light on the ecclesiastical condition of the district 
at the beginning of the i8th Century : — 

^ It's informed that all this disturbance is fomented by a popish 
faction who in odium of the other party that keeps the ordinances and 
concurrs with their Minister In Church Discipline, and therefore its to be 
considered what methods shall be taken for preventing the g^reat abuses 
committed by that partie in opposition of the laws by having manie 
Masses in their houses and dailie apostateing/' 

The above unsigned is addressed to the '' Laird of Invercald ; " and 
probably was directed against the practices of the Auchindryne family. 

Forest of Breckach. 

About this time (1700) a somewhat serious misunderstanding arose 
between the Earl of Aboyne and Mr. Gordon of Abergeldie r^;arding 
the right of grazing on this and the nei^bouring forest of the White- 
munth. The correspondence on the subject is very lengthy; but it seems 
finally to have been adjusted by a Decreet Arbitral, the arbiter being 
the Laird of Invercauld. His finding is recorded among the Estate 
Papers, and seems to have given satisfaction to both parties. 

Mr. Farquharson, on purchasing the properties of Braickley and 
Aucholzie some years later, acquired a personal interest in the arrange- 
ment now come to. 

The following, relating to it, though not strictly a Family Paper, is 
interesting, as showing the relations between neighbouring proprietors, 
and supplying a few particulars regarding their family affairs. It 
appears to have been drawn up for an opinion of Counsel, or infor- 
mation of arbiter, and though without date, it evidently refers to a case 
that arose soon after 1696. It is headed — 

" Memorandum for the Earll of Aboyne and his executors. 
" There is a forest upon the head of the water of Muich commonly 
called Breckach heritably belonging to the Earl of Aboyne, all except 
what shares thereof is sold in feu firm, by his predecessor and authors of 
the family of Huntly as sheallings and grazings to the lairds of Aber- 
geldie, Braichlie and Achollie for themselves and tenants in those lands 
of Glenmuick. The Earl of Aboyne, his father and grandfather have 



FAMILY PAPERS: JOHN. 279 

(right) to the total destruction of the said forest (I mean as to deer) lett 
(unless) what share of the said forest was astricted to the Heritors grazing^s 
aforesaid in tact ; .for taking in grazing cattle by which they made 80 
merks Scots, of yearly rent, this unusuall (and I may say illegall) method 
of making penny of the King's forests, which should be appropriat for 
deer, so startled the foresaid Heritable owners, by reason of the dayly 
incroachments thereby commited of ther proper grazings, that to be in the 
said circumstances with their superiors (and both equally legall) did alsQ 
take in grazing cattle, Abergeldie to his grazings of the Hospitall hauch 
called Kirn and Altararie in the south syde. This totall subverssion of 
the ordinary use of this said wholl forest and sheallings both by superior 
and vassalls, into a grasing for low country cattoll, did not only extirpat 
the Kings deer, and uterly ruin the poor country round it for want of the 
usall pastureages for ther proper crofts, but created such animosities and 
misunderstandings betwixt them, particularly betwixt Charles, Earl of 
Aboyne, the present Earoll his Grandfather, and Alexer. Gordon then of 
Abergeldie and John Gordon then of Braichlie, that what by processings, 
dryvings, law borrows, and other mutal acts of bad nighbourhood, they 
was all put to considerable charges and troubles, and were never recon- 
ciled, or that affair anyways adjusted, untill the day of all ther deaths. 
Therefore what, by reason of the late Earll Charles his minoritie, the 
Revolution, and Army about that time a praye to all Grazing Cattoll, the 
late John Gordon of Braichlie going wrong in the head, and imprisonment 
and consequently incapable of looking after any business, and then the 
nonage and death of the late John Gordon of Abergeldie, things stood 
much as they were, without any noticeable occurance or variation, untill 
after the death of the late Earll, that arose a fresh process, put upon the 
old score of grazing upon Glengusachin, betwixt the present Earlls Tutor, 
and the present Charles Gordon of Abei^eldie, which yet depends, and 
has already stood the family an hundred pounds, stirlin, of charges, which 
will be clearly seen by the Tutor and his factors accounts, although come 
to no issue to this day. AUtho the contension and struggle from first to 
last, and as not yet ended, was for no other view or profit to the Earill 
of Aboyn, than making the foresaid 80 merks of rent which is scarce the 
amount of ;f 1000 Scots, when the family has already expended triple the 
sowm on that affair, and will be obliged to expend much more before the 
same be made effectuall. Giving (but not granting) that the Lords 
should sustain that the Earll could extirpat the Kings deer, and make the 
Forrest a grasing and pasture for stranger cattoll, as also that Abergeldie 
and Braichlie could take in non, but make use of those severall sheallings 
and grazings, for ther own and ther tennants proper cattoll ; yet if they 
do but hiid and hund of the Earlls grasing cattoll from the severall 
grasings disposed to them, the marches being known to the wholl countiy, 
in which case it shall be made clear to any perambulators, that it is not in 



28o RECORDS OF INVERCAULD. 

the Earlls power, or in his tacksmen and hirds, to keep or grase 40 crofts 
in his wholl forest, without not only incroaching, but actually hirding and 
feeding on the heritors grass. And I think it will be hardly urged that 
the Earll or his predecessors after ther Heritable dispositions of particular 
grasings (without any reservation) will pretend to have right to eat the 
same grass themselvs, which would be inconsistent with reason as well as 
law ; so it is most clear that although the Earll prevailed in defeating all 
pretenders to bring in grasing cattoll to any part of the said bounds, and 
that he could do the same himself in so far as understood (which are 
suppositions not to be supposed) yet making the same an eflectuall rent 
would be impracticable. Now in the last place, making a supposition 
that this small rent (by dilligence of herds, in keeping clear of the vassals 
grass) could be made good, which as afore said would bee impossible, yet 
it cannot be received as sufficient equivelent (without r^ard to charges) 
for so good a forrest of deer, which is thereby left, and might be thought 
to be indispencibly necessar for the intertainment and deversion of the 
Earll of Aboyne his quality and interest in the highlands, who has not 
ane single deer on any other pairt of his estate, except some few stragling 
ons in Glentaner, and thos but in the winter tyme wheras if the forrest of 
Brekack was freed of all low country Cattoll and keeped as a forrest the 
Earll could give his friends and comorads plentifull diversion every day 
in the year." 

The following is also ecclesiastically of some interest, as showing the 
relations subsisting between the ministers and heritors of the district : — 

" Very Revd. and D. B., 
**The Presb. of Kincardine has been at considerable pains and 
expense for getting a Kirk built at Coldstone, a Parish in our bounds. 
There were two places for preching in that Parish, but are both so 
decayed that scarce remains any more of them but the Rubish. The 
Incumbent, though not of our communion, applyed some years ago to us 
to interpose/ for causing repair them, and we having convened all con- 
cerned were well satisfied to find the most considerable Heritors wished 
to build ane Church sufficient to contain the whole Parish, because we 
conceived that might tend more to the Glory of God as well as to the 
good of the people who in that case would have the ordinances dispensed 
every Lord's day to the whole congregation which before was done but to 
a part of them. But finding at the same time that this project, however 
pious and necessary in itself, could not subsist in law unless applyed to 
the competent Judges for their sanction. We saw that Difficulty soon 
removed by some of the Heritors who instantly produced ane authentick 
Decreet of the commission for Plantation obtained in the year 1618 



FAMILY PAPERS : JOHN. 28 1 

syppressing the. Kirk of Logie-Maf one of the places of worship and 
requiring in all tyme comeing that there be but one Kirk only for both 
the United Parishes of Coldstone and Logy. Which Decreet together 
with our endeavours prevailed upon the whole Heritors to give that 
summons Judicial! consent to build the said Kirk ; and to which they all 
adhered that day except John Gordon of Blelack and one Lumsden of 
Corachric, who yet both gave their consent at first with the Rest And 
to show the order and legality of our procedure we perambulat the 
Bounds and found the remotest parts of both the United Parishes not 
above two miles distant from the Kirk to be built, we requested the 
Heritors by a formall edict duly execut to bring work-men to be 
admitted by us in due manner to cognosse and report what expense 
would be necessary for its building. Wee requested them also in due and 
legal forme to meet and stint their several proportions conforme to the 
valued Rents and the said workmen's Report within terme of law, wherin 
they having faild we met prester and did it for them and all according to 
law. We obtained Decreet agt. the said Heritors before the Court of 
Abd., raised and execut homing thereupon ; and at our meeting in Aprile 
last they renewed their consent all except the sd. Blelack, ev.en Corachrie 
gave us assurance by one of our number that he would concur with the 
r^nant Heritors in building the Church. The Earle of Mar, having some 
superiorities, and being Tytular of some pairt of the Tythes, we applied 
to him be the Ministers of Glenmuck and Crathie at the commencing of 
the Proces and hes had Report that he seemed to be nowise dissatisfied 
thereto. Notwithstanding of all this, the sd. Blelack and Corachrie have 
so misrepresented our whole conduct to the Earle of Mar, insinuating 
falsly, as weV informed, that we have no L^^l civell authority for our 
conduct that they have prevailed with Him to interpose for a sist of our 
Diligence which we hear they have already obtained, and intend to 
perfect it into a Suspensione, which to prevent or dispens with they have 
already obtained, we hes transmitted the said Decreit and will reserve 
what further shall be thought needful to do anent the Premises. We 
have therefore after this plain Information, and on the whole most 
earnestly entreated you may help to take some Pains either to disabuse ^ 
the Earl of those mistaks wherthrough those gentlemen have unjustly 
possessed him or (if that cannot) to assist the Bearer in representing to 
the Ordinary Judge how grievous it were by passing Suspension to 
interupt a work so pious, so necessary and so well-founded in law. The 
experience which some of us have had of your ready assistance hath 
given us this freedome, and we are well assured that the Nature and 
Legality of the thing itself will have such influence upon your own 
generous Temper that we shall as little doubt of your willingnes to 
interpose as of your successe in the undertaking. And now to insist on 
making apologies for being so Tedious were but to be more so. We only 

NN 



ttZ RECORDS OF IKVERCAUUX 

commend you and yours, and the Lord's work in your hands to his divine 
Grace, and have appointed these to be signed in our Name by, 

Very Revd. and D. B., 
Your afTectionat Br. and humble servant 
Ja Howe, Modr.> 
From our Presbytery Meeting 
at Tarhuid 
May i6th 
1705." 

The letter is addressed to, 

*• The Very Reverend 

Mr. David Williamson, Minister 

Of the Gospel at West Kirk.** 

This gentleman was then one of the ministers of St Cuthberts, Edin- 
burgh, and a person of great influence in the Church and with the landed 
gentry. He had been moderator of the General Assembly of the Church 
of Scotland in 1702. 

How the letter (which is not a copy) came into the possession of 
Farquharson of Invercauld is not quite clear, although it is certain that 
he was the most interested person in the matter to which it refers, being 
at that time the largest proprietor both in the parish of Coldstone and in 
the united parishes of Lc^e and Coldstone. Being the principal heritor, 
it was natural that he should be first and chiefly consulted in the move- 
ment for one new instead of the two old churches ; and it was mainly 
through his aid that the project ended in success. 

The Rev. John Howe, who signs the letter as Modr. of the 
Presbytery, was then minister of Birse. He had been a preaching deacon 
under Episcopacy, but had been licenced by the Presbytery of Aberdeen 
in 1694, and called to Birse in 1697. He died in 1707. 

The Earl of Mar referred to was the same who raised the rebellion of 
17 1 5. He was very seldom in Scotland, and was possibly indifferent 
about Church matters in Cromar. 

I The petidoD, after some delay, prevailed, mainly through the tSotU of the Laird of lover- 
oattld, and tlw fintdkurdi for the imitedparishei was opened for leryieeheioit 1707 TUsdnndl 
mu le-hnat and enlai|^ in 1780^ and 9t^^ hi 1876^ 






FAMILY PAPERS : JOHN. 383 

John Gordon of Bldack was he whom the Earl of Mar compelled to 
join in the rising of the '15, and the father of Charles who, with more 
spirit, came out in the '45. 

The then minister of Lc^ie-Coldstone was Thomas Alexander, an 
old man, who had been settled there in the days of Episcopacy. As 
would appear from the letter, he had even then made some application 
for the preservation or restoration of the old churches, but to no purpose. 
A daughter, Margaret, became the wife of John Forbes of Invereman, 
familiarly called " B/ac^ foci" the founder of the family, the builder of 
the Bridge of Poldoulie, and Baillie of Kildrummy — ^the same to whom 
the Earl of Mar wrote the often-quoted letter regarding the backward- 
ness of his tenants to come out in the '15 :— " Jocke — You was in the 
right not to come with the hundred men," &c. 

The Laird of Corrachree is somewhat contemptuously referred to as 
" One Lumsden of Corachrie " The property had long been held by a 
family of the name of Gordon ; from them, it passed into another family 
of the same name — ^the Gordons of Tilfoudie, cadets of the Aboyne 
family, from whom it passed about 1670-80 into the possession of the 
Lumsdens of Auchindoir, an ancient and highly respected house. About 
1700 it was excambed for the lands of Caimdyne, a small property in the 
old parish of Kinemie. The Lumsden laird of 1705 was therefore a new 
comer to the district and not of a family of any great repute. He had, 
however, married Agnes Forbes, a daughter of George Forbes of Skella- 
ter, who was father-in-law also to John Gordon of Blelack. This serves 
to explain their acting together in the matter of the new Church. The 
laird had a son, James, who became minister of Towie in 1740— of whom 
j»r Sc^s Fasti andjervis^ Epitaphs. 

A Parcel of Papers, ranging from 1705 to 1736 contains the follow- 
ing items of some historical or family interest : — 

Thirteen Discharges for the pa3mient of Feu-duty by John 
Farquharson of Invercauld to Marischal Coll^;e, Aberdeen, and to 
the Bishop of Aberdeen and the Archbishop of St Andrews. 

The first of these is in the following terms : — 

**!, Mr. William Smith, R^ent in Marshall College of Abd. and 
CoUr. of the Rents of the Bishoprick of Abd. and of a part of the Arch 



2^4 RECORDS OP INVERCAULD. 

Bishoprick of St Andrews, Grants me to have received from tbe Laird 
of Invercauld the soum of six pounds ten shillings Scots money. As the 
Feuduty payable out of his Lands of Coldstoun to the sd Arch Bishop- 
rick for three cropts and years of God, viz: One thousand seven hundred 
and five, six and seven, Of which years* Fewduties, being two pounds 
three shillings and four pennies yearly, I grant discharge By thir prents 
which I have written and subscribed with my hand At Abdn. the 
twentieth sixth day of March 1708 years. 

W. Smith/' 

The last Receipt granted by Mr. Wm. Smith is dated 23rd January, 
1717 (for crops 1712-14), when he seems to have been deprived of his 
office — see Records of Mar. Col, IL p. ^o. 

He was succeeded in the CoUectorship by Mr. George Gordon, 
"Professor of Oriental! Languages in Ks. Coll^[e of Aberdeen and 
Collector &c. by vartue of ane commission of date at Edry. 20th and 
Regrat in ye books of Councill and Session ye 27th day of 17 18 years 
granted to me by Mr. Archibald Murray, Advocate in Edr." 

The next Receipt, dated March 2nd, 1723, bears that the payment 
was made by "Alexander Farquharson of Monaltrie in name and for 
account of the Laird of Invercauld." 

Monaltrie was Inyercauld's younger brother ; and would seem to 
have been discharging some at least of the duties of Factor on the 
estates ; for the payments of these and several other chaises down to 
1736 are made through his hands. The last receipt granted by Profr. 
George Gordon is dated March 20th 1729— v. ICs CoU. Off pp. 48-57 ^ 

The remaining receipts to 1736 are granted by Mr. Richard Gordon, 
Advocate in Aberdeen. 

Another parcel of Receipts for meal from the Craibstone estates 
belonging to Invercauld extending from 1730 to 1734 bears each the 
signature of " Mr. George Chalmers, Princll. of King's Collie Abd." 

Another Receipt for £%% i6s. 8d. Scots money as tiend silver duty 
from the same lands is signed by " Mr. John Ker, Professor of Greek and 
Common Profr. in Kings Coll. Abd." 

Others also for Moss-leave and other privileges for these and other 



FAMILY PAPERS : JOHN. 285 

lands in and near Aberdeen are signed by the " Thesaurer of Aberdeen." 

17304. 

A rather interesting one seems worth transcribing : — 

"I, Mr. Alexander Rait, Common Procurator of Kings College 
Aberdeen, grant me to have received from Alexander Farquharson of 
Monaltrie the Sum of Eighty pounds Scots money as ye Silver Vicarage 
Duty due to ye Kings College out of ye Lands of Glenmuick &c, and 
sixteen pounds mony foresaid as ye converted price of four stone wrought 
Butter, due also out of sd Lands. And that for Cropt and year of God 
1734. Vicarge Duty and all precedings is hereby Discharged. In 
witness whereof I have &c i6th Deer 1734 — Al. Rait, Common Procr." 

Alexander Farquharson of Monaltrie, as already stated, was younger 
brother of John of Invercauld, and generally acted as Commissioner 
for him. 

There are also a number of Receipts for Feu-duties paid on salmon 
fishings on the Dee possessed by Invercauld for the same period — 1730-4. 
These fishings had been bought from James Moir of Stoneywood, as 
appears by Receipts granted by him — 1730. 

Discharges (1734-S) by Isabell BaiUie, styled Lady Craibstoun, 
** Relict to the deceast John Sandilands of Craibstoun, to John Farquhar- 
son of Invercauld, Purchasour of the lands, of Craibstoun and Skletty" 
for the Annuity due to her from these lands, prove that at that time 
Invercauld's property in the neighbourhood of Aberdeen was very 
considerable. 

The following Discharges have some local interest, as showing the 
liability of certain lands for ministers* stipends and schoolmasters' 
salaries : — 

Alex. Toasch, minister of Tarland (i70i-i737);f20 Scots from lands 
of Pittentaggart, per Mr. Francis Farquharson (1736), in a very shaky 
old hand. 

James Brown, schoolmaster, Tarland, grants receipts for salary 
(£2 18s.) from same lands per same hands — 1737. 

James Edward, schoolmaster, Glenmuick, grants receipts for £4 
17s. 6d. Scots, accruing from the lands of Braickley and the lands of 
Micras and Torrigalter in the parish of Tullich — 1734-7. 



S86 RECORDS OF INVERCAULD. 

James Mitchell, schoolmaster of Crathie, has a salary of jf/ iJsl 
Scots from the lands of Invercauld, Aberarder, and Castleton — 1736. 

Alexander Reid, schoolmaster of Lc^e Coldstone, has a salary of 
£30 Scots from the lands of Kinaldie and Melgum — 1735. 

Alexander Wilkins, schoolmaster of Newhills, has a salary of £s I2sl 
Scots from the lands of Craibston, Sclatie, and Tulloch — 1735. 

One of the earliest of these discharges is from the minister of Inver- 
muik (Glenmuick), and runs thus : — 

** I, Mr. James Robertson, Minr. of the Gospel at Invermuik, grant 
me to have received from John Farqrson of Invercald, full and compleat 
payment of the Stipend due to me out of the parsonage teends of two 
plough of land belonging to him in Micras and Torigatter, and that for 
the year 1727 &c. Ja. Robertsone." 

The subsequent Receipts do not specify any particular lands on 
which the stipend is payable, but states that John Farquharson of Inver- 
cauld has paid ^ 320 marks Scots in full of the Stipend out of the 
parsonage teends of the united parishes of Glenmuick and Glengam 
whereof he is Taxman.'* 

Mr. Robertson was minister of Glenmuick, TuUich and Glengaim, 
from. 1699 to 1747, thus passing through the troublous times of both the 
Jacobite insurrections. A son of the " Baron Rui ** of Kinloch, he was a 
man of great influence, not only in his own parochial charge, but also 
throughout a wide district ; and many disputes between proprietors were 
referred to him for arbitration. He is the first minister to receive the 
tribute of a tombstone in the churchyard of Glenmuick. 

John Shepherd, minister of Logie-Coldstone, grants receipts for 
stipend from Invercauld (200 mks. Scots) for 1734 et mb. Mr. Shepherd 
(17 16- 1 748) had two sons in the ministry, George of Newbattle and 
Thomas of Bourtie. He had also a daughter, Christian, married to John 
Forbes of Bellabeg, a connection that afterwards served the family in 
good stead. Seejervise /., p. 283. 

The Rev. John Mclnnes, minister of the Gospel at Crathie, another 
clergyman of great influence in the district, grants receipts in nearly the 
same form for his stipend of £\^Z 8s. iid. Scots from the lands of 
Invercauld, Aberarder, and Castletoun of Braemar for the years 1734-^ 



FAMILY PAPERS : JOHN. 387 

Mr. Mclnnes was called to Crathie, 26th May, 171 5, and ordained 
loth August thereafter, just when Mar's insurrection was drawing to a 
head He found his position so uncomfortable that he petitioned the 
Genera] Assembly for an act of transportability, but was not relieved of 
his charge till 1748, when he was translated to Logie-Coldstone. 

It was in his time that Invercauld, so correct and punctual in the 
discharge of all his obligations, formed. and carried out his generous 
intention of bestowing a permanent benefit upon the district in which his 
lands were mainly situated. It is thus acknowledged : — 

*' I, Mr. John Mclnnes, Minister at Crathie, in name of the Kirk 
Session of Braemar, grant me to have received from John Farquharson, 
Laird of Invercauld, &e sum of one hundred and sixty six pounds thirteen 
shillings and four pennies Scots money as the annual rent of the principal] 
sum of five thousand merks money forsaid contained in ane bond of 
Mortification granted by him to me for the aliment of Six poor boyes at 
the Charity School in Braemar, and that from January 1734 to January 
1735 years of wch. year's annual rent and of all preceeding annual rents 
I discharge him and his heirs, in witness whereof I have written and 
subscribed thir pretts with my hand at Invercald this 14th day of 
December 1734 years. 

John Mclnnes."' 

The Francis Farquharson mentioned in these Receipts as Factor on 
the Invercauld Estates was the eldest surviving son of Alexander, first 

I " For some time previous to the Earl of Mar's insurrection, the minister of Crathie was a 
Mr. Fergusson, a strong supporter of the Hanoverian succession, and possessed through his 
connections of no little influence with the Government Attached to the Invercauld &mily, he 
had endeavoured to win over the laird to his own side of politics, but the pressure put upon him 
bf the Earl of Mar to join his standard was too great to be resisted. Soon after this, Fetgusson 
was translated from Crathie to Logierait in Perthshire. Then followed the double collapse of 
Sheiiffinair and Preston, at which latter affiur Invercauld was taken prisoner. On this becoming 
Imown to Bfr. Feignsson, he exerted all the influence he could command to procure the pardon 
and freedom of his friend; and had the satisfaction to find that his efforts were not in vain. Some 
yean after, Inveicaald wrote a very handaomii letter to the minister of Logierait requesting Um to 
intimate in what way he mig^ acknowledge his obligation. Mr. Fergusson suss^tted that he 
mlg^ if he thought proper, Ratify his sense of the clemency of the Government by founding some 
educational endowment or bursary, for the benefit of the parishes of Crathie and Braemar. The 
sqggestion was acted upon ; and the benefisurtion is that referred to in the above quoted receipt, 
•ad which is still administered by the Invercauld bmily, and afibrds much valuable as sis ta n c e 
both in maintenance and educadoo to deserving lads of the name of Farquharson, Fergusson, or 
McDonald.** It may be added that Mr. Fergusson was the fiither of Adam Fergusson, the eminent 
IDoial philosopher and historian. 



288 RECORDS OF INVERCAULD. 

of the second family of Monaltrie, and nephew of Invercauld. His &ther 
had acted in the capacity of factor before him ; and it was this position 
that gave him such influence with the tenants when nine years afterwards 
he, as '* the Baron Ban/' attempted to raise the clan for Prince Charles 
f dward. For this his uncle deprived him of the factorship. 

Concerning Regalities. 

The following letters relate to a claim made by the Duke of Gordon 
over certain lands in Cromar that had been acquired by John Farquharson 
of Invercauld, and which it was contended were under the Superiority of 
the Gordon family. The matter had been long in dispute, and was not 
yet finally settled. 

"Edinburgh 4: Jary 

" Much Honoured, 17 11. 

I wish you a good new year. The Duke of Gordcm's 
process of declarator of nonentrie, reduction and declaratour ob non 
solutum canonem, and proces of Exhibition agt. you and others was on 
this week's roll, you may be surprysed I did not advyse you sooner but 
the reason is that there being many defenders and seall (several) advo- 
cates marked for them ; as in all such cases one is appointed to see and 
acquaint the rest, but he, who seed the proces returned, (did) the same 
wi^out making any intimation to others ; however, I hope there is no 
hazard for it will not be debate this week because the Lod. ordinarie has 
not come the length in the roll. The lands you are concerned in are 
Coldstone, Newtoun, Milne of Coldstone and Pitlyne. The defences 
occures to me are that ye hold them of the Crown past proscription and 
so ye may disclaime the Duke. I mynd something of a dutie to the 
Bishope or parson of Migvie ye told me of, and what your Charters bears 
thereanent, I can not now mynd ; however by first post you'll bag to me 
ane answer to this generall account tho by next post ye'll expect a more 
particulair relation to the said proceses for I think to see them and his 
Grace titles. 

" I give my humble duty to my Lady and am 

Much Hod. 
Your most aff ; humble Sert 
The post of ore . . . Cha : Farqrson 

I hade vritten at greater length." 

The letter is addressed — 

"To 

The Laird of Invercald 
At his Lodgeings 

Aberdeea" 



FAMILY PAPERS: JOHN. * 289 

The writer, Charles Farquharson, was a W.S., and Invercauld's law 
agent in Edinburgh. He was not only a clansman, of the family of 
Whitehouse, but had been married to an aunt of Invercauld. He was 
much consulted by the whole clan. 

" Edinburgh Januar 9th 171 1. 

" Much Honoured, 

As I wrote to you in my Last there is a process 
of reduction and Declarator ob non solutum canonem at the Instance of 
the Duke of Gordon and Marques of Huntly as heritable proprietors of 
the Marquiset, Lordshyps and Reality of Huntly agt My Ld. Pitsligo, 
John Forbes of Boyndly and you wherein they call for Exhibition of Uie 
Charter granted by the said George Duke of Gordon to you or either of 
you Dated the day of years of all and hail the town and Lands 

of Coldston, Newtoun, miln of Coldston, and Pitlyny Lying within the 
Sheriffdom of and Marqueset and r^^ality forsaid, and all yoiur 

wiyts, rights, evidents and securities of whatsomever name or designation, 
granted to you or either of you be the said Duke or Marques or either of 
3iem, and also they call for Exhibition from the said Lord Pitsligo 
granted to him, his father or grandfather or any others his predecessors 
or authors by the said persuers or either of them or any other person of, 
upon, or concerning the said Lands or the town and Lands of Achanachie, 
and sill other wryts, rights, evidents and securities of, or Concerning the 
said Lands. And Craves the same may be reduced &c., and being 
reduced it be found and declared that the persuers had good and 
undoubted right to the said haill Lands & profits thereof.- The reasons 
of reduction Lybelled are ist that the wryts are null as wanting wryters' 
names and designations ; 2d That they are granted by Commissioners 
who had no warrand ; 3d That they are null by proscription, at least the 
said Lands &c are holden of the persuers by you or your predecessors or 
authors in feu firm and the rights and Infeflments are become void and 
null ob non solutum canonem by and through not payt. of the said Feu 
Duties so as two terms thereof are run into a third Conform to the 
Express Clauses Irritant contained in the infeftment at Least the same 
are null through not payt of the said feu Duties conform to and in the 
terms of the Act of parliament made anent Lands Holding feu. 

" There is another proces of Declarator and non Entry also to the said 
Lands, and ther is a third process of Exhibition att the Duke and 
Marques Instance wherin they Call for Exhibition of all Contracts, 
Charters, Dispositions and other wryts granted to you or aither of you or 
your predecessors or authors or any other person or persons of, or 
concerning the said Lands. 

** 1 have seen and Considered the Dukes Charter and I can find 
nothing (that) can have any resemblence or Concern in your Lands 
00 



290 RECORDS OF IMVERCAULD. 

Except that where it nanates the Lands and Barrony of Tooch» Cluny 
and Midmarre it bears Cullquhader Slaines and bogue wheraf as a great 

Curt of the said barronies, and the Charter bears that the said baironies 
y within the porochens of Cluny, Tarlan and . . . and Shireflfdom of 
Aberdeea And in ane other Clause of the said Charter he has the 
Heritable office of Bailliary of all and haill the Lands and Barronies and 
yearly rents belonging to the patrimony of the Bishop-rick of Aberdeen 
with the haill Liboties^ lies, priviledges, and pertinents belonging therto 
Lying within the vice of Aberdeen and ShirrefTdom tberoC" 

This far the above was evidently written to dictation. The following 
addendum is in another hand and private :-^ 

^ Sir, The proces bees called to-morrow befor Lod CuUen ordinary. 
I will endeavour a delay till I have at least a return to my last I trouble 
you to ^ve my humble duty to my Lady and to my Las. Pittrichrie and 
rittcardine, and am 

I: Hon. 

Your most aff: humble Servant 

Cha: Farqrson" 

The letter is addressed — 

To 

The Laird of Invercald 

at his lodgeings in 

Aberdeen." » 

In regard to these claims for Feu duties, this was not the only case 
in which Invercauld had to contest them against the Duke. After he had 
purchased the Glenmuick property, the same claims were set up for 
Braichley and Aucholzie, in which action Invercauld's agent describes His 
Grace as a ^ troublesome person," and the then Earl of Aboyne seems to 
agree with him in that opinion. The Earl took part with Invercauld in 
resisting the Duke's claims ; indeed he claimed that, if there were any 
regality rights in either case, they belonged to himself and not to the 
Duke. 

As long ago as the time of Alexander of Invercauld, who died in 
1681, the Marquis of Huntly, who soon after was raised to the Dukedom 

I As appetn firom receipts for rent, gr&nted bf " WilliuD Forbes, Merdtsnt in Aberdeen, 
Factor for tbe Lends of Tbeinstown to John Fsrquhuson of Invercenid," his town's residence wis 
in the Shiprow, then one of the prindpal streets in Aberdeen. 



FAMILY PAPERS: JOHN. 29I 

of Gordon, had found himself obliged to the said Alexander in a con- 
siderable sum of money, and had in security of it wadset to him several 
properties in Banffshire. The Duke's son now (1712) redeems these, and 
Mr. Farquharson grants him a discharge, of which the following is a 
memorandum : — 

'' I, John Farquharson of Invercauld, heir served and retoured to the 
deceased Alexr. Farquharson of Invercauld, my father, and to William 
Farquharson of Invercauld, my brother, grant me to have received from 
Alexr., Marquis of Huntly, Earl of Enzie, all and whole the sum of 1 1,000 
merks Scots money, and that for redeeming &c the wadset right granted 
by George, Duke of Gordon, to the said Alexr. Farquharson, my father, 
of all and whole the Lands in Strathavine " &c., &a 

The document bears the signature of John Farquharson, and is 
witnessed by John Gordon of Glenbucket and Peter Gordon of Drumbulg, 
and is dated 12 May 1712. 

The surprise has often been expressed, how money was obtained in 
those times to purchase such large tracts of land ; but it has to be 
remembered that a little money then went far in the purchase of land ; 
and that in the case of the Invercauld family they, at a very early date in 
their history, embarked in commercial enterprises. Robert 11. was in 
1638 conjoined with the Jeffrays of Aberdeen in several trade transactions ; 
his son, Alexander, continued these and engaged in others that were then 
lucrative q)eculattons ; and his son, John, who was an able man of affairs, 
had much to do with several industries of the town, as well as being the 
possessor of ccmsiderable properties in its neighbourhood, e.g. Craibstone 
and Thainstona In its shipping U-ade he had also much interest, as 
shown by the following acknowledgment : — 

^Be it known to all men by these present letters, me, Daniel 
Farqrson, Master of the good ship, the Friendship of Aberdeen, for ane 
certaine soume of money payed and delivered to me by John Farqrson 
of Invercaulde." 

It then goes on to state what risks the shareholder will run, and what 
profits he shall be entitled to, namely, eight-tenths, and concludes, 

"I have subscrived thir prnts with my hand att Aberdeen, the 
sixteenth day of October one thousand seven hundred and twelve years. 



292 RECORDS OF INVERCAULD. 

before James Farqrson, Merchtt in Abd, writer thereof and Daniel 
Farqrson, Mercht there 

Daniel Farqrson. 
James Farqrson, Witness, 
Daniel Farquharson, Witness." 

The sum invested was ;C234 i6s. lod., as appears from the following 
discharge : — 

•* Debtor. The Laird of Invercauld Creditor 



To your right of entfy 

of the Freindsbip - - £2^ 16 10 



By cash delivered be 

you pr Account ^£^146 16 - 

Byballancepd 88 - 10 



;f234 16 10 
Aberdeen ist Nover 171 2. 

Received payt of above ballance by me 
Daniel Farqrson." 

The following document well illustrates the social and pecuniary 
position in which most of the small Highland Lairds found themselves in 
the early part of the eighteenth century. They had no means of 
supporting their position as landowners, and generally they were too 
proud or too indolent to engage in trade or other industrial avocations. 
There remained open to them only the military service of their own or 
foreign countries, for which they had a natural aptitude, and of both of 
which they took ample advants^^e. The number of Farquharsons, cadets 
of the leading septs of the clan, who thus disposed of themselves during 
the wars of Marlborough was very considerable, as appears from the 
frequency in the family records of such entries as, " Went to the wars," 
" Drowned at sea," &c 

The Treaty of Utrecht (171 3) for a time dried up this source of 
employment, bringing many Highland lairds to b^^ary and obliging 
them to dispose of their deeply encumbered estates, thus furnishing the 
material of which the Jacobite rising of 171 5 was mainly composed. The 
few who were retained in their country's service and had any lands or 
heritages to dispose of, conveyed them by a sort of Will or Testament to 
some trusted clansman, usually the chief, to be administered by him 
during their absence. The following is an example : — 



FAMILY PAPERS: JOHN. 293 

^ Know all men by these presents That I, Henry Farqrson, Matross 
(Montrose?) now in her Brittanick Maj. her Trayne of Artillery att St 
Phillips In the Island of Minorca' Have made, ordained, Constituted, 
Authorized and appointed, And by these presents do make &c. my 
Kinsman and trusty friend John Farqrson Esquire of Invercald, in the 
County of Aberdeen, In North Brittain, my true and LawfuU Attorney 
for me in my name but to my use, to take possession of all Lands, 
Messuages, or Tenements appertaining or belonging unto me viz. : — 
lyeing, and being att Torgalter in the said County of Aberdeen and else 
where ; and also to demand and receive all such sume or sumes of money 
that is now due, or which hereafter shall become due and payable unto 
me upon account of rent or otherwise ; and after possession and seisen be 
taken and Delivered of all my premises as aforesaid to give such discharge 
or discharges in my name for all such rents : or other sumes of money as 
my said Attorney shall from time to time receive and see occasion ; and 
if need be to make one or more Attorney or Attorneys under him : And 
the same at his pleasure again to revok. Giveing and by these presents 
granting to my said Attorney or his Deputed Attorney my full : and 
absolute power ; and Authority. Ratifyeing : Confirmeing ; and for ever 
holding good whatsoever my said Attorney or his Deputed Attorney 
shall reasonably and Lawfully do or cause to be done for the recovery, 
and better obtaining of all my said premisses as aforesaid : As I might 
or could Do if I were personally present any thing contained to the 
contrary thereof in anywise notwithstanding. IN WITNESS whereof I 
have hereunto sett my hand and seal this twenty fifth day of March. In 
the thirteenth Year of the Reigne of our Soveraigne Lady Ann by the 
Grace of God Queen of great Brittain ; France ; and Ireland Defendor of 
the Faith &c 

Anno Dom. 1714. O. S. / Henry Farqrson. 

Sealed ; signed and Delivered (for 
want of a Stamp) In the presence 
off the Underwritt 

Alexr. Midleton, Witnes, 

James Leask, Witnes, 

Jona : Whaley, Attorn." 

John Farquharson was now drawing near the most eventful 
period of his eventful life. He had never led a life of ease, or been quite 
free of family trouble. He had been happy in his early marriage, but the 
cloud of sorrow soon overcast his home in the death of all his children, 

I That was a Henry Farquhanon of the Coldracfa fiunily, a biancfa of which about this time 
settled in Montrose ; but there is no record that any of that house had lands in Toigalter. The 
AlbnqQoich fiunQy had some oxgates there, but I do not find a Heniy in their pedigree. The 
name under the fonn Harry or Harie, was common in the Whitehoose family. 



© 



294 RBCX)RDS OF INVERCAUIJX 

and about this time (1713-4) of their aflTectionate mother; but politics 
till now had given him little concern. The time was at hand, however, 
when they were to entangle him reluctantly in their baleful meshes. 

The power of a feudal Lord over his vassals had as yet suffered no 
diminution in Scotland since the days of the Douglases, and was exercised 
with a higher hand in the Highlands than elsewhere. The vassal was 
bound to give, among other obligations, military service with all his 
tenants and followers capable of bearing arms whenever called upon by 
his Lord Superior, under pain of the forfeiture of his estates and other 
penalties. John of Invercauld, at the outbreak of the rebellion, held 
almost all his Aberdeenshire properties under charters from the Earls of 
Mar. He was therefore bound to give these services when demanded, or 
be made houseless and landless in tiie nortii ; and the nobleman who now 
held the Earldom was about to exact them with the utmost r^ur. His 
character is thus drawn for us by an historian with an impartial hand : — 

''Though not possessed of shining talents, he made ample amends 
for their deficiencies by artifice, and an insinuating and courteous deport- 
ment, and managed his designs with such prudence and circumspection 
as to render it extremely difficult to ascertain his object when he desired 
concealment ; by which conduct ' he showed himself in the opinion of a 
contemporary {Lockhart — a sympathiser)^ ' to be a man of good sense, but 
bad morals.' The versatility ot his politics (he had repeatedly changed 
sides) was perhaps owing more to the peculiar circumstances in which he 
was placed than to any viciousness of disposition. He was a Jacobite 
from principle ; but as tiie fortunes of his house had been greatiy impaired 
in the civil war by its attachment to the Stuarts, and, as upon his entrance 
into public life, he found the cause of the exiled family at a low ebb, he 
sought to retrieve the losses which his ancestors had sustained ; while at 
the same time he gratified his ambition, by aspiring to power, which he 
could only hope to acquire by attaching himself to the existing govern- 
ment The loss of a place of ;^500O a year, without any chance of ever 
again enjoying the sweets of office, was gall and wormwood to such a 
man. This disappointment, and the studied insult he had received from 
the King, operating upon a selfish and ambitious spirit, drove him into 
open rebellion, with no other view than the gratification of his revenge. 
But whatever were his qualifications in the cabinet, he was without 
military experience, and consequentiy unfit to command an army." — 
Browfis History of the Highlands. 

Burton, who had ampler means of ascertaining his character, is still 



FAMILY PAPERS: JOHN. 295 

more severe. He writes : — ** Whatever doubts may shroud the motives 
of others — who took part in the insurrection — ^those of the great head of 
the enterprise (Mar) have been fully expounded by liis own acts and 
sayings, and shown to be the basest that can actuate a public man — 
gieed of place, power, and emolument, mortified ambition, and revenge." 

Such was the Over-lord who now exacted to the uttermost the ful- 
filment of Invercauld's obligations as his vassal. What the Laird's own 
politics were we have no means of knowing for certain. That he dis- 
approved of Mar's rising as inexpedient and hopeless has been made 
very evident by what afterwards befel ; but he might do this and still 
retain a warm sympathy for the fallen cause, as many others did who 
were more at liberty to follow their inclinations than Mr. Farquharson 
was. From the banning of the outbreak to its collapse there is, as was 
to be expected, very little record of family or current events. Invercauld 
had doubtless been early acquainted with Mar's intentions; and we know 
he had strongly but ineffectually tried to dissuade him from his rash 
attempt The grandfather of this Earl of Mar had consulted the grand- 
father of John of Invercauld, and taken his advice, and so saved him and 
his followers from the overthrow at Worcester. The grandson, less wise 
and more headstrong, would not be guided by the other grandson, and 
forced them to their ruin at Sheriffmuir and Preston. 

The Earl of Mar's Rebellion. 

The subjoined petition explains itself; but it may be observed that 
the statements contained in it are fully verified by many documents among 
these papers. The position of the Petitioner at the outbreak of the 
Insurrection (1715) was very peculiar. When the Earl of Mar came to 
Scotland he had no proper residence in Braemar, where he had arranged 
to meet the clans and unfurl his banner. He therefore took up his abode 
in Invercauld, the mansion of the Laird, his vassal There was no possi- 
bility of Mr. Farquharson's refusing to summon his clan and join his 
standard. The Earl being his superior, and, as appears from the letters 
he addressed to his other vassals (Gordon of Blelack and Forbes of 
Invereman, &c), the demands he made were of a most imperious character. 
Invercauld had no alternative, but either to join the risix^ with his clan 
or be disinherited of his house and kmds. He might well therefore plead 



296 RECORDS OF INVERCAULD. 

coercion, as well as disinclination ; and such being the case, there was no 
reason to doubt that he also did all in his power to restrain his followers 
from acts of violence when engaged in it 

The part he was compelled to take is a matter of general history. 
It was the most hazardous and hopeless of any in that unhappy adventure. 

His capture at Preston, where both he and his clansmen displayed 
the greatest bravery, and his subsequent imprisonment are recorded in all 
the histories of the time ; but the following particulars may be here 
briefly referred to : — 

There is little doubt that for fully a year before the Earl of Mar left 
London, he had been hatching his rebellion by correspondence with the 
Highland chiefs and disaffected Lowland gentry in Scotland Invercauld 
would naturally be one of the earliest to be consulted, but no trace of such 
correspondence has been found, and there were good reasons for its 
careful concealment, or speedy destruction. However, from what after- 
wards happened, it is evident that Mr. Farquharson was averse to the 
insurrection. This led Mar to keep a close watch over him, even to the 
extent of taking up his residence in his mansion, putting his servants in 
fetters until they disclosed where the arms of the clan were concealed, the 
Laird himself meanwhile keeping out of the way and deserting the meet- 
ings of the leaders held in Braemar. Burton's account of the early 
proceedings there is as follows: — " In the course of his journey northwards 
he (Mar) issued intimations to the chiefs on whom he could rely, to join 
him in a great hunting party in his forest of Mar, and had personal 
interviews with those whose estates lay near his route. . . . The rapidity 
with which he brought together many men from the extremities of 
Scotland shows that his friends had been prepared for this arrangement 
Crossing the Grampian range to his own district, he passed through the 
forest of Mar, and went on northwards to his chief fortalice of Kildrummie 
on the banks of the Don, now a mouldering ruin, desolate as the bleak 
hills surrounding it, but proving by its fragments that it once boasted of 
an extent and magnificence more characteristic of the baronial palaces of 
England than of the gaunt furtive towers of the Highland chiefs." 

The historian, with good reason, evidently doubts the credibility of 
this visit, and appends this note: ''Annals of King George &c. p. ^5. 
It is there stated that he went to Kildrummie. His valet, who should be 
a good witness to his motions, merely says he spent eight days with 



FAMILY PAPERS: JOHN. 297 

Farquharson of Invercauld — Original Letters, p. 18. He probably lived 
with him during the gathering.'* He did so, as his letters testify, and 
behaved himself in a very tyrannical manner towards his host and his 
servants. Prior to his arrival, Mr. Farquharson had taken the precaution 
to conceal the arms that were usually kept in the armoury at Invercauld ; 
and we shall see by what means the Earl discoyered them. There is also 
a well founded tradition that it was on this occasion — ^though it might 
have been also in the '45 — that the charter chest was for security removed 
to an almost inaccessible cleft in a rock in the face of Craig Cluny — 
afterwards named from this circumstance, InvercauUPs Chatter Chest 

The historian proceeds. ^ He (Mar) probably reached his (Inver- 
cauld's) mansion on the 21st or 22nd of August, and either spent the 
intermediate time in preparations there, or consulted with his follower, 
Farquharson of Invercauld, making preparations for the general gather- 
ing at Braemar, where, on tiie 26th, he met his friends.'' 

He certainly did not consult much with Invercauld ; for, as is fully 
shown, during this time the Laird forsook his house and deserted him. 

At this meeting, there were present and admitted to private con- 
sultation : — ^The Marquis of Tillibardine ; the Marquis of Huntly, the 
Duke of Gordon's eldest son ; the Earl of Breadalbane ; the Lords 
Southesk, Stormont, Drummond and Ogilvie ; Lord Seaforth, and the 
Chief of Glengarry ; Lords Nithdale and Traquair ; the Earls Marischal, 
Errol, Camwath, and Linlithgow ; the Viscounts Kilsyth, Kenmure and 
Kingston ; and the Lords RoUo, DufTus, Strathallan, and Nairn ; with 
the Lairds of Auchterhouse and Auldbar, the last named being Inver- 
cauld's uncle-in-law. There were also in attendance twenty-six Highland 
Chiefs and Chieftains of clans, but Invercauld was not amongst them; he 
had either not been invited, or had absented himself because he dis- 
approved of the purpose in view. 

^ On the 3d of September, a consultation was held at Aboyne, a 
mansion of the Gordon family, twenty miles to the eastward of Braemar 
and without the Highland line. Perhaps this removal of the consultation 
was suggested by the desire of some of the leaders to hold confidential 
communing uninterrupted by the multitude encamped on the hunting 
ground There is some reason, indeed, to suppose that the meeting of 
Aboyne consisted solely of those who were prepared to take up arms, 
and who thus separated themselves from others who were disposed to 
PP 



298 RECORDS OF INVERCAULD. 

more cautious counsels/' Lord Mar's Valet affirms that the Lairds of 
Invercauld and Abergeldie presented themselves, but were not admitted 
to the consultation ; evidently because their views were known to be 
opposed to the rash undertaking. Charles Gordon of Abei^^eldie, not 
being a vassal of the Earl of Mar, could not be compelled by him to 
embark in it, and did not Invercauld was unfortunately otherwise 
situated 

The Government had by this time got information of what was 
taking place in the north, and issued summonses to sixty-five suspected 
persons to appear in Edinburgh within seven days if resident south of 
the Tay, and fifteen days if north of that river. They were mostly those 
who had attended the meetings at Braemar and Aboyne, and included 
nearly all the chiefs of clans and leaders of bands from the Marquis of 
Huntly and Allan Cameron of Lochiel down to Robert Roy, alias 
McGr^or; but neither John Farquharson of Invercauld nor Charles 
Gordon of Abergeldie is named in the list They were not suspected 
persons. 

^ At length it was resolved to raise the banner of insurrection." 

"The ceremony took place at Braemar on the 6th of 
September, 17 15, and was solemnized by prayer and other religious 
exercises, though not unattended by an incident — ^the fall of the gilded 
ball at the top of the fi^-staff— that more than neutralised, in the Celtic 
mind, the influence of these propitiatory solemnities." 

Invercauld had by this time been compelled to join the insurgents, 
and received the command of Mar's own regiment, many of which were 
his own tenants. While the Earl with the main body marched south by 
the Spittal of Glenshee to Logierait, his lieutenant remained behind to 
collect his recruits ; and with these, numbering, as some report, about 500, 
he joined the main army at Perth on the 17th or i8th of September. 
Here they were united to the Macintoshes and formed into a brigade 
under old Macintosh of Borlam. Before the middle of October, the 
whole disposable force under Mar at Perth amounted to 12,000; and 
many raids and expeditions into Fife and Argyle were undertaken, 
generally with success. But the most daring of all, and the most skillfully 
executed, was that in which Invercauld took a leading part ; for now that 
he had cast in his lot with the Jacobite army, he felt bound to give the 
cause his best services as a true adherent and brave soldier. The 
expedition is thus described by Burton ; — 



FAMILY PAPERS : JOHN. 299 

'' While impediments, external and internal restricted the movements 
of the main insurgent army, Mar could not fail to see how it would serve 
the cause to throw a portion of his large force across the Forth, to aid the 
smaller body gathering in the south. But to accomplish this object there 
were in the west the impediments already noticed,'Sand towards the east 
there was the still more formidable difficulty of the broad Firth, with the 
English vessels of war cruizing near the shore. In this direction, however, 
lay the shortest route ; and it was resolved that the adventure should be 
there made. The party destined for the purpose, consisting of 2,500 
men, was put under the command of Macintosh of Borlam — now styled 
Brigadier General Macintosh, who was first cousin to Invercauld's mother 
and uncle to the chief of his clan, who was at this time a minor — ^ a 
rough handed, unscrupulous soldier who had gained experience in all 
descriptions of warfare.' The troops composing the brigade were the 
Macintoshes, the Farquharsons — Dee and Don-side men — Mar's own 
raiment under John Farquharson of Invercauld, 'a' body of Robertsons 
under Strowan, the poet chieftain, and a party of horse under Gordon of 
Glehbucket, who was a hard fighter but no poet' Only the two first 
named regiments crossed the Firth ; the others were employed in the 
drudgery of purveyance." 

Riu (p. 258) gives the following succinct account of the crossing: — 
"On Wednesday the 12th October, at night, some of them embarked, 
and others the next night, in open boats, taking their course directly 
to the south shore of the Firth, which is there about sixteen or seventeen 
miles broad ; his Majesty's ships in the Firth, either espying them from 
their top-masts, or having notice of their design, weighed anchor on the 
top of the flood, and set sail to interrupt them ; but, the wind not being 
fair, they were not able to come up time enough to prevent their passage." 

From the landing place they marched to Haddington, whence they 
made an attempt to capture Edinburgh ; but, being prevented by the 
pre-occupation of the town by the Duke of Argyle, they retired to Leith, 
where they were besieged by the Duke and the city forces, but success- 
fully extricated themselves by a masterly night retreat along the seashore, 
and garrisoned themselves in Seton House, eleven miles distant, by 
daybreak. Here they almost came to an action with a party from 

I These were the fords of the Forth and the passes from the north now guarded by the Duke 
of Argjle's forces, with their headquarters at Stirlmg. 



300 RECORDS OF INVERCAULD. 

Edinbui^hy on the very ground where thirty years later the battle of 
Prestonpans was foi^ht In all these marches and counter-marches 
Invercauld with his Farquharsons took a leading part 

''On the i8th Octr. Macintosh, having received instructions from 
Mar, and intimation of the risings in the south," proceeded next day to 
the border to meet Forster at Kelso, with the English contingent A 
good few Highlanders deserted on the march, showing that they had little 
heart in the expedition — a feeling that afterwards became more 
pronounced. 

" On the 22d the Highlanders reached Kelso, and made a sort of 
triumphal entry into the town with bagpipes playing, and their old 
brigadier, who appeared very well, marching at the head of them." 

Much discussion arose among the leaders as to their future move- 
ments, some advocating a march through the western counties, returning 
by Gla^[ow to rejoin the main army under Mar, which was now expected 
to be far on its way to that city. The Highlanders favoured this course^ 
and, when they discovered that the English leaders had carried a motion 
for an invasion of England, it was with great difficulty that a mutiny was 
prevented. " Their, leader, Macintosh, who had no prejudice to active 
service wherever it could be obtained, endeavoured with all his eloquence 
to prevent their desertion." He is represented to us as standing in the 
middle of the river Esk, where it divides the two countries, scolding the 
mountaineers and exclaiming with characteristic zest, "Why the devil not 
go into Ei^land, where there is both meat, men, and money? Those 
who are deserting us are but the rascality of my mea" We are not told 
what part Invercauld took in these disputes, but, as he was the right hand 
man of his brigadier, it is probable that he shared his sentiments. 

On the 2nd of November they reached Penrith, where they put to 
flight a body of 15,000 country people who had assembled to oppose 
them. " They made many prisoners, took some arms, consisting mainly 
of a few matchlocks and a great number of pitchforks, and some horses." 
This was their first real brush with an enemy, and the result put them in 
good spirits, for a time at least They had a bad marching time of it 
under a continued soaking rain. " The horse," says an eye-witness, " did 
not draw their swords nor show their colours, neither did any drums beat, 
only six Highland pipers played." Lancashire Memorials^ p. 81. 

From Penrith they marched to Lancaster, which they entered on the 



FAMILY PAPERS: JOHN. 3OI 

7th November and left on the 9th. " They were here hospitably enter- 
tainedy being the heroes of the Roman Catholic ladies who/' according to 
the above authority, '' gave a grand party to the officers devoted to the 
novel and aristocratic luxury of tea." Notwithstanding this, they did not 
receive many recruits. 

They were now drawing near their fate. " On the 9th of November, 
amidst drenching rain and through deep miry roads they made their last 
march to the fatal end of their career." Mr. Rae states that the whole 
army, English and Scotch, within Preston amounted to 4,000, but there 
is reason to believe that this is an exaggerated estimate. It seems that 
for a time they were not aware of the trap into which they had fallen. 
** A townsman draws their conduct in a few simple words. ' The ladies 
in this town, Preston, are so very beautiful and so richly attired, that the 
gentleman soldiers, from Wednesday to Saturday, minded nothing but 
courting and feasting.'" They had a rude awakening. Two well 
equipped armies under able commanders, one under General Wills from 
the south, and the other under General Carpenter from the north, were 
unobserved approaching the town. When their advance was discovered 
a council of war was immediately called, and sat without the presence of 
the commander. Indeed, General Forster was at his best utterly 
incapable of the command, and was seldom quite sober. The resolution 
come to by the council of war, under the guidance of Borlam and Inver- 
cauld, was to send forward advanced guards to the Darwen and Ribble 
bridges, and to put the whole army in readiness to take the field against 
Wills before he should be joined by Carpenter. " Next morning, how- 
ever, to the surprise and indignation of the unfortunate officers, these 
orders were countermanded by Forster. It was indignantly remarked 
that the most revolting part of the General's conduct was, that he only 
awakened to testify to his amazed subordinates that his authority had not 
slept with him." Taking with him a company of the newly raised 
English levies, he went to view some fords in the river ; and passing the 
quarters of the Highlanders, who were smarting with indignation and 
disappointment at the prospect of being cooped up in a beleagured town, 
*Are these the fellows you intend to fight Wills with?" said old 
Macintosh, looking more grim than ever ; '* Faith, an ye had ten thousand 
of them, I'd fight them all with a thousand of his dragoona" But he 
wasted little time in words ; his duty was to see to the defence of the 



302 RECORDS OF INVERCAULD. 

town, now that they were not to be allowed to fight the enemy in the 
open field. The most vulnerable point was the bridge over the Ribble, 
for the defence of which ** John Farquharson* of Invercauld, an immediate 
follower of Mar, and a tough soldier of Macintosh's band and school, was 
the commander selected with a hundred stout, choice and well armed 
men.** The bridge was the great pass towards Preston from the south, 
and the first point to which any general, wishing to save the town or those 
who were in it, would look, "yet Farquharson had scarcely taken up his 
position when he received an order from Forster immediately to abandon 
its defence." What followed is best told in the account given by the 
historian already quoted : — 

" The plan of defence was laid down by Macintosh. It was the 
simple city fortification by barricades. The insurgents had brought with 
them some ships' guns which they had found at Lancaster, and making 
four barricades at so many of the principal approaches of the town, two 
guns were mounted on each. It was the Brigadier's policy not to place 
the barricades entirely at the extremity of the town, where the streets 
radiated out to the country in small lanes through which they might be 
flanked ; but with all the advantage the system might give to the enemy, 
in getting possession of the exterior houses, to lay the lines of defence 
somewhat nearer the centre of the town than the places where these 
avenues branched oft Macintosh himself took the command of the 
principal barrier across the entrance from the Wigan Road, and close to the 
church. General Wills inspected these preparations from a slight rising 
ground, and approaching Macintosh's barrier, two dragoons near him 
were shot — an incident which dispensed with a summons to surrender. 
At two o'clock in the afternoon, a general attack was made on 
Macintosh's barrier. A slight embankment, raised near the extremity 
of the town, intended rather to perplex the enemy than to be defended, 
was immediately abandoned, and a sharp fire was opened from the main 
barrier, along with a flanking discharge of musketry from the houses on 
either side. Out of 200 men who entered the street, 120 were killed in a 
few minutes. This slaughter was accomplished by the Highlanders, 
with the musket — a weapon of which they were thoroughly masters 
in the shape of rifle practice. For the clumsy artillery put at their 
disposal, they could find little use ; and though they were aided by a 
seaman in attempts to work them, the balls were chiefly lodged in the 



FAMILY PAPERS: JOHN. 303 

neighbouring houses. The erecting of the barrier within the range of 
houses, if it served to baffle the besiegers at first, gave them in the end 
the means of covering their attack. The principal houses beyond the 
barricade were occupied by some of Macintosh's men ; but while the main 
body of the besiegers advanced up the street, subject both to the opera- 
tions from the barricade, and a flanking fire from the houses, small parties 
were sent through the byelanes to attack the houses in the rear, and the 
rebels being dislodged from two of them, they were effectively occupied 
by the Government troops. The other houses between the barricade and 
the exterior of the town, if not defensible, were still capable of offensive 
use ; and being set on fire by the besiegers, obliged the besieged, who 
were posted on the other side of the barricade to retreat farther into the 
town. The houses blazed on during the night, and afforded the two 
armies light for their conflict The possession of the two houses occupied 
by the besiegers was felt to be so important that Forster was strongly 
urged to make a great effort to dislodge them; but he rested on a maxim 
which was probably echoed from a saying of Macintosh, ' that the body 
of the town was the security of the army.' 

^ The attack on the other three barriers was of a similar character. 
The assailing troops suffered sharply from the covered fire of the rebels ; 
while houses were taken possession of and either burned or occupied, and 
generally the besieged were hard pressed when the shades of evening 
fell.' All through the night the scattered fight went on, partly by the 
light of burning houses, partiy by that of some windows lighted up, under 
an order from General Wills, that all the houses taken possession of by 
his troops should be illuminated. During that eventful night, it is briefly 
recorded by an eye-witness that * both armies lay upon their arms, but 
General Forster went to bed.' . 

'' In the meantime just one avenue from the town remained open, and 

I Brown (History of tki Highlands) states that, "although Preston's foot kept up a snxart 
fire they did HtUe execution among the insurgents, who were protected by the barricade and the 
booses. Captain Peter Farquharson was the only Jacobite officer who feU in this attack. He 
received a shot in the leg, and being taken to the White Bull inn, he called for a glass of brandy^ 
and thus addressed his comrades :— ' Come, lads, here is our master's health ; though I can do no 
more, I wish you good success.' Amputation being deemed necessary, this brave man expired 
afanott immediately from the unskilfohiess of the opemtor." He was grandson of James 
Farquharson, 1st of the Whitehouse &mily, a captain in Invercanld's regiment, and cousin to 
Harry who fell at Culloden. • 



304 RECORDS OF IHVERCAULD. 

though the Highlanders scorned to avail themselves of it, a very con- 
siderable number of the English recruits did so, and thus escaped a 
participation in the final catastrophe. 

** Next morning — Sunday the 13th November— between nine and ten 
o'clock, Carpenter, with a body of 2500 men, all cavalry, reached Preston 
and joined his force with that of Willa Now for the first time the 
beleagured army saw inevitable destruction glaring them in the face. 

''There arose at this dread juncture a vital but characteristic.division 
in the rebel camp. The Highlanders proposed to rush forth and cut their 
way through the enemy, or sell their lives at the highest bloody price ; 
the English gentlemen began to occupy their minds with possible 
negotiations for a surrender. If there are circumstances in which a man 
should hold his life as of small account it is when he has made an 
unsuccessful revolt 

"This, however, does not appear to have been the view of Forster 
and his subordinate officers. They opened a treaty with the besi^ers, 
and made anxious efforts to obtain terms of surrender. Their represen- 
tative. Colonel Oxburgh, soaally known to some of the royalist officers, 
obtained an interview with Wills between one and two o'clock. He 
proposed that the forces should lay down their arms on condition of 
being received as prisoners of war, and recommended by the victorious 
general to the royal mercy. Wills made an answer which was at least 
candid. He said, ' I will not treat with rebels. They have killed several 
of the King's subjects, and they must expect to undergo the same fate.' 
' You are an officer and a man of honour,' said Oxburgh, 'and I hope 
that you will show mercy to people who are willing to submit' Wills 
made a reply which, though it may sound hard, was honest, and strictly 
in accordance with his military duty. ' All that I can do for you is, that 
if you lay down your arms and submit yourselves prisoners at discretion, 
I will prevent the soldiers from cutting you to pieces, and give you your 
lives until I have further orders, and I will allow you but one hour to 
consider these terms.' On being driven to a further explanation he said, 
' If I had the inclination, I have not the power to give you any terms, 
otherwise than by sparir^ the lives of the rebels until His Majesty's 
pleasure be further known. If you expect any other terms, return to the 
town immediately, and I will attack you and cut you to pieces. I will 
give you but one hour to consider these terms.' In his declaration on the 



FAMILY PAPERS: JOHN. 3OS 

seaiTold Colonel Oxburgh founded on an addition to these indications, in 
some remarks by General Wills on the royal clemency, followed by the 
words, * You cannot better entitle yourselves to that clemency than by 
surrendering yourselves at discretion. ' " 

A proposal was afterwards made to Wills to extend the time for 
surrender to ten o'clock next morning, to which he assented on condition 
of receiving hostages that no new defences would be erected, and no 
efforts to escape would be attempted ; and the Earl of Derwentwater and 
Brigadier Macintosh were selected as the hostages and sent to the 
royalist headquarters. 

As soon as the Highlanders perceived that a capitulation was 
resolved on, their fury knew no bounds. During the night they paraded 
the streets threatening destruction to every person who should allude to 
a surrender, and several persons were killed during these disturbances. 

Forster was denounced as the grand traitor, and would certainly 
have been cut to pieces had he not kept himself close shut up. As it 
was a Highlander of the name of Murray fired a pistol at him, which 
would have taken effect but for the timely intervention of his chaplain. 

" At seven o'clock in the morning of the 14th November, Forster 
notified to General Wills that the insurgents were willing to surrender at 
discretion. Old Borlam, being present as one of the hostages when this 
messs^e was delivered, observed that he would not be answerable for the 
Scots surrendering without terms as they were people of desperate 
fortunes ; and that he, who had been a soldier himself, knew what it was 
to be a prisoner at discretion. * Go back to your people again,' answered 
Wills, * and I will attack the town and the consequence will be that I 
will not spare one man of you.' After this challenge Mackintosh could 
not with a good grace remain, and returned to his friends ; but he came 
back immediately and informed Wills that Lord Kenmure and the rest 
of the Scots noblemen as well as his brother would surrender on the 
same conditions as the English." History of the Highlands. 

The trials and executions which followed are matters of common 
history, and need not be adverted to here except as they concern Inver- 
cauld and his friends. 

*'The most distinguished of the prisoners taken at Preston, among 
whom were Brigadier Macintosh and Mr. Farquharson, were conveyed to 
London in a large body ; and their reception in public procession called 
QQ 



306 RECORDS OF INVERCAULD. 

from the zealous Wh^ a comparison with the august ceremony of die 
Roman triumph. Tales about intriguing Jesuits, the inquisition, chains, 
gags, and anthropophagous Highland savages had created alarm and 
anger in London, and made the Jacobites extremely unpopular. The 
London mob, though never sanguinary, is sufficiently rude and offensive 
in its exultation. Until theiv sickening of the continued slaughter pro- 
duced a reaction, they enjoyed with boisterous hilarity the fall of the 
Jacobites, yelling forth ribbald lampoons and jangling harsh music upon 
warming pans, as symbolic of the reputed origin of the Pretender. Yet 
the victims had in some measure a consolation for their unpopularity in 
the warmth of their sympathising friends ; and as Jacobite enthusiasm 
has ever been apt to assume a liquid form, it was observed that day after 
day and week after week the prisons of London, like favoured taverns at 
some great fair, overflowed with bacchanalian mirth and revelry." 

Whether any distinction was made in respect of the prisons in which 
the captives were confined is not stated ; *but while Mr. Farquharson was 
sent to the Marshalsea, his superior officer, Macintosh, was assigned to 
Newgate, whence he made his escape in the following determined manner, 
as recorded by Burton : — 

''Brigadier Macintosh, remarkable for the grim ferocity of his 
scarred face, attracted in the captive procession, glances which, through 
the influence of his formidable presence, had in them more respect than 
ridicule, even from the exulting crowd. Ere he had been long amongst 
them, he performed a feat which made him still more the object of 
admiring awe. While others, like Forster and Nithsdale, escaped by plot 
or accident, Macintosh, though in his fifty-ninth year, aided by some 
stout associates, knocked down the keeper and turnkey of Newgate and 
rushed forth. Like wild beasts, accustomed to the jungle, who escape 
from a menagerie, they felt themselves sadly at a loss how to thread the 
complicated streets of London, and several (seven) of them were taken. 
Their leader, however (with other seven), escaped abroad, and lived to be 
a benefactor to his country by promoting its agriculture. The feat was 
performed on the 4th of May, 17 16 — the day before the fugitives were to 
be brought to trial, which would doubtless have found him guilty and 
sentenced him to execution. The Londoners amazingly enjoyed the 
pomp of justice assembled next day, to hear that the bold ^lountaineer 
had superseded its functions, Macintosh was decidedly popular among 



FAMILY PAPERS: JOHN. , 307 

the Hanoverian mob, who celebrated his heroism in ballads which were 
not flattering to their own countrymen, in one of which he is thus con- 
trasted with Forster : 

' Macintosh is a vailiant soldier ; 

He carried a musket on his shoulder ; 
Cock your pistols — draw your rapper — 
Damn you, Forster, for you'r a traitor. 
With a fa, la, la.'" 

The proceedings against Invercauld were very different He had 
been but a short time in the Marshalsea when efforts were made to 
procure his pardon. On the 1 3th of April he presented a petition praying 
His Majesty to delay his trial in view of certain representations that were 
to be made on his behalf. The trial had been fixed for the 5th of May ; 
but before that time the prayer of his petition had been granted, and the 
trial was delayed. He was still, however, detained in prison, and might 
have been brought to trial. It was in these circumstances that he 
addressed to the King the petition already referred to : — 

"Petition of John Farquharson of Invercauld when a 
Prisoner in 1716." 

"Td the King's most excellent Majesty The Humble "petition of 
John Farquharson of Invercauld in the Marshall-sea most humbly shewith 
That your supplicant on the 13th of April last presented a Petition to 
your Majesty representing the particulars of his conduct during the late 
unnatural Rebellion, that he h^d the misfortune to be in Custody amongst 
the Rebells, yet he was so far from contributing to the Rebellion that he 
was instrumental in very much restraining^ and in some measure defeating 
tlie treasonable designs and operations of the late Earl of Mar ; and there- 
fore humbly prayed your Majesty that you would be graciously pleased 
to direct a Note of Non Prosequi to his then approaching Tryal, which 
your Majesty was most gradously pleased to refer to your Honble. Privie 
Council, who, considering the singularity of his case, was pleased to give 
direction to your Majes^s Attorney General not to proceed to his Tryle 
till further orders. That your supplicant has a deep and most just sense 
of your Majesty's clemency shown towards him in regarding his singular 
case and condition ; since which time there are several witnesses come to 
Town who can give satisfaction to the truth of your Petitioner's case and 
that there are many other noble and worthy persons at present in the 
place to whom several of the facts represented by him to your Majesty 
are known being in all likelyhood to leave London at the rising of the 



308 RECORDS OF IKVERCAULD. 

Parliment which is said to be at hand that your Majesties supplicant has 
during his imprisonment contracted sickness whmhy his health is in 
danger. 

''That for these reasons your Majesty's said supplicant humbly 
presumes with great submission to b^ that the witnesses and others now 
in the place may be examined to make good the several Facts in his 
Petition and memorial, and your Majesty may also be pleased to make 
such farther order concerning your supplicant's liberation and dischaige 
as your Most Gracious Majesty in your great goodness and wisdom shall 
think fit 

" And your Petitioner shall ever pray for your Majesty's long life and 
reign over us." 

Although no date is affixed to die Petition, it was evidently 
presented in the month of July or beginning of August, before die 
Scottish members of Parliament, who were acquainted widi Invercauld's 
peculiar position at the outbreak of the rebellion, and were desirous of 
his release, had retired from London to their seats in the north. 

The following extracts will sufficiently show how difficult the 
position of Invercauld was at the outbreak of the Rebellion, the 
estimation in which he was held by the public, and the fortunate result of 
the foregoing and other Petitions for his release. 

Extracts from the Public Newspaper in the Charter Room 

AT Invercauld. 
(No name is affixed to the paper containing the first extract, but 
it was evidently printed sometime about the middle of August, 1716). 

"Wednesday, Mr. Farquharson of Invercauld, a Scots chieftain was set 
at liberty out of the Marshalsea prison ; He ts the, same genUeman as [is] 
often mentioned in the News Pc^er of September last for deserting the EaH 
of Mar, when at his Home and despntn^ his measures at the breaking out 
of the Rebeilion {who ordered his servants to be fettered a$ut abusZi for 
hiding his arms) but was after forced into the Rebellion^ and taken at 
Preston." 

"(From the Morning Post at the Postmaster From Tuesday Augt 
14 to Thursday Augt i6th 17 16)." 

"London August 16 — Mr. Farquharson of Invercauld, a Scots 
chieftain, of whom we had so much mention in our News Papers of 

Tbe italics are the Editor's, both in the above, and in the quotations from the newqiapers. 



FAMILY PAPERS: JOflM. 30^ 

S^UmUr lasi^ about his desirting ilu laU Earl of Mar when at his House^ 
brtaking all his measures in the Infaniy of the Rebellion^ and €Aout his 
servants being fettered and abused for hiding his arms aud ammunition^ 
he being afterwards overpowered^ and forced into the Rebels ^ and taken at 
Preston, has upon account of his first rare service done the government, 
justly got a most gracious Pardon, and was yesterday discharged and set 
at Liberty out of the Marshallsea Prison/' 

"(From the Morning Post from Thursday August the 23d to 
Saturday Augt 25 17 16)." 

** Yesterday Mr. Farquharson of Invercauld, one of the Prefton 
prisoners, had the Honor to kiss the Prince and Princess's Hands at 
Hampton Court, by whom he was most graciously received; being 
introduced to the Prince by Lord Viscount Townsend, and to the Princess, 
by the Earl of Bridgewater. 

"(From the Post Bag From Saturday August the 2Sth to Tuesday 
Augt 28. 1716)." 

^ Last Monday Mr. Farquharson of Invercauld, one of the Preston 
prisoners, was at Hampton Court, and had the Honour to kiss their 
Highnesses the Prfnce and Princess's hands, by whom he was most 
graciously received ; being introduced to the Prince by the Right 
Honourable my Lord Viscount Townsend, one of the Principal Secretarys 
of State; and to the Princess by the Right Honble. The Earl of 
Bridgewater." 

It thus appears that from the date of his surrender — 14th November, 
1715 — ^to his release from the Marshalsea — 15th August, 1716— Mr. 
Farquharson was kept a close prisoner in England ; and that vrithin a 
week after regaining his liberty, he was presented to the Prince and 
Princess of Wales and graciously received. From the first his case was 
considered exceptional, and his confinement for 275 days, or rather more 
than nine months, could not be considered severe. 

At the date of the outbreak he was a widower^ in his 42nd year, his 
first wife and her children having all died before 171 5, and, as yet, he had 
contracted no second marriage. 

Not long, however, after his return to Scotland, '' he married, 2ndly, 
Christian^ dau. of Sir Robert Menzies of Weem and had one dau. who 

1 llie Editor regrets that Jie has not been able to piodnoe the matters here leferred to, as 
the7 would certainly have thrown much light on the tyrannical measures the Earl of Biar adopted 
to oompell his va«als and others to join his nmks, as well as emphasised the already known strsin 
he pvi vpon hivucanld. 



310 RECORDS OF INVERCAULD. 

died unm!* Burke in loco. We have no account of Ais marris^ in these 
Famify Papers ; and from what we learn from the Estate Papers^ it is 
evident that the mother, at least, did not survive it many years. 

Although Mr. Farquharson's detention as a prisoner in England had 
not been of long duration, many estate matters had fallen into consider- 
able confusion ; and much of his attention for some years was directed to 
the restoration of order among his tenants and dependents, and to the 
settlement of affairs that had fallen into arrears, so that family, as distinct 
Estate interests, were much in abeyance, and there is little reference to 
them. Some of these affairs of long standing were now pressing for 
settlement 

The estate of Wardhouse, or a portion of it, had been sold by Mr. 
Farquharson's father, or his trustees, to a John Rose, who changed the 
name to Rosehill, and some papers relating to the transaction had gone 
astray. The Laird of Leithhall, who had acquired an interest in this 
estate, was now pressing Invercauld for the production of one of these 
documents. The following reply, besides throwing light on the manners 
of the time, supplies a date not elsewhere recorded : — 

"To 
The Much Honoured 
The Laird of Leithhall 
Theses" 

Invercauld, Octr. i6 
** Honoured Sir, 1722. 

I received yours, and had a letter sometyme ago from my Lord 
Forglin about that letter of March ye wreat o^ but could nevef 
find such a paper amongst my evidents, so that it has certainly 
been given up by my older brother to Rosehill when he bought 
the lands of Wardhouse. Sir, upon my honour, I never saw itt, 
neither know I anything about it, other ways I would send 
you it, or direct you to the same for yr. just defence. If ye be 
sure it was registrat att Edr. a litle charge to yr. agent (who) 
will search the severall competent registers ; for all the affairs 
of importance my ffather was ever concerned in were mostly 
conducted betwixt the years 70 and 80, he d)dng in 81. I 
shall yet make further search mongst some old wreats (but I 
am afraid to no purpose) and if the same or any thing that can 
direct to itt bees found, I shall send the same express to yr. 
hous on or before Christm^ I am very much surprized that 



FAMILY PAPERS; JOHN, 3II 

Alexr. Forbes is so long in paying you yr. moey. I will very 
soon see him att Edr., and shall cause him to be (take) Cours 
with itt I offer my respects and most humble service to yr. 
discreet Lady, and you may assure yourself that wherein I can 
serve you there shall non be more willing than, 
Honoured Sir, 
Your most obedient, and most humble servant 
J. Farquharson." 

The Laird of Leith-hall, to whom the above letter was addressed, 
was John Leith, son of James, first of Leith-hall, who had married 
Mai^faret Strachan, daughter of the "great Covenanter," Alexander 
Strachan of Glenkindie. " By this marriage the Leiths of Glenkindie are . 
descended from the Strachans ; and John, ' the Much Honoured Laird,* 
was the grandson thereof" V. Davidsoris Inverurie^ /. 4.01^ and Col 
AUardyc^s Strachans of Glenkindie. 

The Alexr. Forbes referred to by Invercauld has not been recognized 
for certain ; but it is just possible that the debt he owed is that contained 
in an undocketed bond which had escaped observation when stock was 
taken of the Estate Papers, and which sets forth that : — 

" I, Alexander Forbes, third lawful son to David Forbes of Leslie^ 
grant me to have received and reseated from John Leith of Leith-hall, 
All and hail the soume of ane hundred and eighty pounds Scots money " 

The receipt bears date 17th October, 17 17, and contains the signature 
of "Alexr, Forbess," and of the witnesses, Andrew Burnett and James 
Leith. The impressed stamp, a square surmounted by a crown, bears the 
motto, " Honi soit qui male pense," surrounding what appears to be a 
thistle under which there is R. VI Fence. 

Invercauld's connection with the matter is explained in the following 
letter :— 

"To 
The Laird of Leithhall, 
These"— 

" Invercauld, 
Sir, Octr. 14th 1717. 

The bearer, Mr. Alexr. Forbes, informs me that you can give 
him the use of some little moey upon securty therfore, I give 
you this trouble, desyring ye may give him fiveteen pounds 
per loin and take his bond for the same — payable at Whit-> 
Sunday next ; and if he fails in payment I hereby oblidge me to 



312 RECORDS OP INVERGAULD. 

be yr. debitor and pcgr the same upon giving me assignation to 
Mr. Forbes' bond. Tbb with my humUe service to yr. Lady* 
is all — in heast from. 

Sir, 

Your most Humble Servant 
J. Farquharson.'' 

Alexander Forbes, who had been borrowing at all hands, fails to 
redeem his bond ; and hence the reference in the formerjletter to the 
money as still unpaid John Leith of Leith-hall died in 1729, and was 
succeeded by his son, John. Forbes still fails to pay, and the rent 
(interest) is running up. Mr. Farquharson of Invercauld, who had 
become, to some extent, security for him, and John Leith,. whose father 
had lent the money, agreed to submit the matter to Robert Farquharson 
of Finzean and Harry Lumsden of Cushny for arbitration. They give 
their award ; Invercauld pays the sum which they find due by him ; and 
John Leith grants htm a l^^l assignation of the bond, dated 19th May, 
1 73 1. Whether Invercauld was ever repaid does not appear; but the 
whole transaction (and it is only one among several of the same kind) 
shows how generous was his disposition, and how ready to help the 
needy often to his own loss. 

An event now (c. 1720) occurred which was afterwards attended 
with the happiest results to the Invercauld family — the third marriage of 
the Laird. Many of the clan had, at an early period, settled in Perth- 
shire, some of whom had become vassals of the Athole family. Looking 
to Invercauld as their chief and to Athole as their feudal superior, they 
formed a connecting link between the two families ; but it was not till 
the '15 that we find the first intimation of their personal intercourse. 
Lord Charles Murray, a son of the first Marquis of Athole, led a regiment 
in Borlam's brigade alongside of that commanded by John Farquharson 
of Invercauld. The two officers were thus fellow-soldiers in the same 
cause, and afterwards fellow-sufferers, and seem to have formed an 
intimate friendship. On the other hand, James, one of Lord Charles's 
brothers, was an officer in the Government service, and, as such, had made 

I Ltdy LeiUi, at the was designated, was "Janet, daughter of George OgilTie, second Lord 
Banil^ whoae son, John, married Marj, daughter of Charles Hay of Ranncs, and thereby 
appended the name of Hay to hb son's anccatral name of Leith. His descendant. General Hay 
of Rannes, was a pablic man in the beginning of the present century, and was snoceeded by his 
son. Sir Andrew Ldth Hay, who distingoisbed himself in the PeninsiUar war." Dtmdfm*9 



FAMILY PAPERS: JOHN. 313 

an attempt to save his sister, the dows^er Lady Lovat, from the clutches 
of the brutal Simon Fraser. The crime committed by this ruffian was 
too atrocious and inhuman to be almost referred to. An abridgment of 
the evidence given s^ainst him on his trial will be found in " Dr. Amot's 
Criminal Trials/' pp. 79-91, where it is stated that "Simon, having 
caused his followers to sware on their naked durks to be faithful to him 
as their captain, and never to desert him, kept the Lady Lovat a prisoner 
for some time in Castle Downie, and afterwards carried her along with 
them. When the Captain heard that Lord James Murray (the Lady's 
brother) with some gentlemen and a party of redcoats were coming to 
rescue her, he again sent the fiery cross to summon the country to rise in 
his defence." This happened in the year 1698 ; and Simon fled from 
justice and remained abroad till the autumn of 17 15 when he suddenly 
appeared at Dumfries, and narrowly escaped capture by the Athole 
Highlanders under Lord Charles Murray. The incident is thus recorded 
by Burton : *• On the evening of the day when the town had been thrown 
into alarm by receiving the Lord Justice-Clerk's warning, a large, square 
built jpeculiar looking man, with five followers, all armed to the teeth, 
entered Dumfiies, and sought accommodation at the best inn. Some of 
the party were Highlanders, and their leader might be either a High- 
lander or a foreigner ; he was certainly not a borderer. The suspicions 
raised a^inst the party were far from being allayed, when a young 
member of the Athole family, who happened to be on the spot, recc^ised 
in the strange leader the deadly enemy of his house, Simon Fraser of 
Beaufort, the well-known Lord Lovat A rumour immediately ran 
through the citizens that ^ the infamous Beaufort,' the man who, for twelve 
years, had been an exile for his crimes and for his treasons was actually 
within the town." The citizens were furious, and in the tumult that 
followed Simon and his party escaped to the Highlands. 

Lord Charles Murray was taken prisoner at Preston, and though his 
life was spared, through the influence of his family, he suffered a long 
exile abroad ; while his brother. Lord James, who had taken no part in 
the rebellion, settled down on his estate of Dowally, a property near 
Dunkeld, where, from the circumstances just noted, a close intimacy 
sprang up between his family and Mr. Farquharson, who, at the date 
above mentioned (1720), married his daughter, Margaret, who two years 
later brought him a son and heir. {See Pedigree^ pp, ij, /^). 
RR 



314 records of invercauld. 

Forfeiture of the Earl of Mar, 

It might be thought that Mr. Farquharson's troubles were at length 
at an end ; but there was before him a long series of harassing matters 
that gave him, and his son after him, much vexation in their settlement 

By the forfeiture of the Earl of Mar's estates, honours, and 
superiorities, the condition of his former vassals was thrown into great 
confusion. The vassals in the Braemar district were numerous, but none 
of them held so large a stake as Invercauld ; and hence the trouble in 
which he found himself involved in consequence of the change in the 
ownership of the superiorities. Many of the privileges and servitudes 
enjoyed by the lairds were held, as we have seen, not by written charter 
but by the verbal promise of the superior. These were now null and void. 

In order to understand fully the obligations of the vassals to the 
Superior and vice versa as they then existed, it was necessary to have all 
the old charters produced and carefully scrutinized ; and many points in 
them had to be determined by the law courts. Through the forfeiture, 
the Crown had come in place of the earldom; and the settlement of 
most of these troublesome matters might have been more easily effected 
had it remained so, and the negotiations been conducted between the 
Crown officers and the vassals — the proprietors. But matters turned out 
differently. 

" The Honourable James Erskine, immediate younger brother of the 
attainted Earl, and a senator of the Court of Session, had taken no part 
in the insurrection of the '15. Indeed, he professed to be a zealous 
supporter of the Hanoverian dynasty, and an advocate of the presb)rterian 
form of church government ; but the honesty of his professions both in 
religion and politics did not escape question. By some he was 
represented as a hypocrite and pretender to religion, and as a Jacobite 
and in the same bottom as his elder brother." He succeeded in imposing 
upon " honest Wodrow," and had sufficient address, in conjunction with 
Lord Dun, to obtain from the Government on favourable terms the estates 
and superiorities forfeited by the Earl qf Mar. Of course, the price put 
upon them by the Government was paid, but it was clearly understood 
between Lord Grange — the title by which James Erskine was generally 
known — and his tenants, personal and feudal, that the free rents would be 
for the benefit of the exiled family of Mar. 

Lord Grange had no sooner obtained legal possession of these rights 



FAMILY PAPERS: JOHN. 3IS 

of the forfeited earldom than he proceeded to dispose of them to the 
highest bidder ; and for this purpose he entered into negotiations with 
John Farquharson of Invercauld/ Peter Farquharson of Inverey, and 
James McKenzie of Dalmore, playing off the one against the other to 
raise the price. 

The following letter, so characteristic of the crooked policy of the 
writer, was written, as the date shows, while negotiations were going on 
for Ae sale of the Mar estates in the north. Lord Grange was, as stated, 
the brother of the Earl of Mar ; and he and Lord Dun had got them- 
selves invested with the power to dispose of the forfeited estates and 
superiorities for behoofj as was believed, of the exiled Ea^ I's son, Thomas, 
who reaped but little advantage from their management 

Lord Grange, in a correspondence with his relative, Erskine of 
Pitodrie (to be afterwards referred to), published in the third volume of 
the Spalding Club Miscellany, gives, from his point of view, a full account 
of his transactions with Invercauld, Inverey, and Dalmore, with cynical 
comments on the character of each. What is proposed in this letter is a 
clearance of Glenlui in order to enhance the value of the property to a 
purchaser. The tenants to be evicted were mostly those who a few years 
before (171 5) had risked their lives at the bidding of the man whose 
brother, with his acquired rights, was now doing his utmost to make them 
homeless. 

"To 

James Farquharson of 
Ballmoral at 

Ballmoral Near the Kirk 
of Crathie in Mar. 

" Alloa 15 Septer. 1726 

Sir, 

I Have just now yours of the 12th with the Bearer, who has 
brought the Deer you sent Fm glad you are gone to meet with Pitodrie 
and Overhall, and doubt not but you will adjust that matter among you, 
and therefor I need not say any more of it 

" As to Glenluy, Ld. Dun and I find your Letter of the 26th of 
August at this place when we came to it last Week. The Directions 
formerly given as to the ejection are so particular that we need only refer 
to them, and we desire you to act according to them, and to eject those 
people after their harvest is over. You may call for George Farquharson 
of Corlarach, Andrew Farquharson, Auldlairg, James Shaw of Daldouny, 



3l6 RECORDS OF INVERCAULD. 

Donald Farquharson of Micras and such other discreet men as 3^00 see 
proper to assist in the ejection ; and, as was formerly written, the more 
you have along with you there will be the less opposition, these people 
perceiving it to be vain for them to resist As I also wrote before, regard 
not at that time impertinenceys so as to be provoked to do any thing 
but what belongs to the Ejection, only you may observe and notice such 
Impertinenceys, if any be offered, and since you are to have people with 

you, there will be no want of proof, and ^punish that Impertinency 

afterwards in fit season. There are two purposes to be served by this 
Ejection : that the poscssion of the Land may no longer be usurped, and, 
the posession being restored, that the due manadgement of the Woods 
may meet with no obstruction, and that the Land may be ordered so as 
is proper for carrying on the Improvement and sale of the Timber ; next, 
that people may see they are not to be suffered in their illegal Insolence, 
nor dream that by such doings they can continue their usurpations. 
And if, by trusting to such methods any of these people come to find 
themselves unprovided, they have themselves to blame who were legally 
warned and who have notwithstanding of their Insolence [been] indulged 
to sit till now ; and they deserve to suffer. However, our view is not 
Revenge against them but to have the estate presently put in a right way, 
and that the Country may be duely govemeci. 

" It will be in vain for James Mcenzie to pretend that he does not 
countenance them : they are there as his Tenants, and surely none of 
them can be so stupid as to immagine they may continue there as our 
Tennants spite of our Teeth ; And Mcenzie's folly is very great in not 
freeing us from all trouble in ejecting them, after he has been so often 
told, even by his own best friends, that he has no Right and has taken 
wrong measures. I do not see that you need other assistance than such 

as is above mentioned -» You know how the General was spoke 

to for more arms, and informed of the unequal foot we were put upon 
with our Neighbours. He still affirmed that D. Gordon has but 10 for 
all his Country, and that any more he got was by the undue dealling of 
certain persons who were trusted with Licences to give out on occasion. 
He is very angry at this Abuse, and also at his being imposed upon to 
give Warrants to such as Dallmore, and is to rectify all before he return 
to England. He would not be perswaded to give us any but 4 more than 
we got formerly, which in all make eight, and, if he rectify the Abuses, 
which he was positively resolved to do, our Neighbours will not find 
themselves better armed than we are. These 4 new Warrants are at 
Edinburgh in Major Erskine's hands, from whom I every day expect 
them that they may be sent to you. You desire a new order for the 
Ejection that may be shown to Dallmore [a whole line is here scored out] 
which I was going to write and enclose, but I am interrupted and care 
not to detain the Bearer any longer. You have the former order which 



FAMILY PAPERS: JOHN. 317 

is sufficient, and you may show Dallmore such parts of this Letter as 
concerns him, and further tell him that his causing these people remove 
without puting you or us to more trouble is the best step he can make 

after some that have not been oblidging. Invercauld said he 

would have a summe to lend at Martimass next. Ld. Dun and I will 
have use for it for the affairs of Ld. Erskine. I pray you give him my 
humble service, and desire to know whether we may depend on it and 
what the summe will be, which we want to be soon acquainted of. 
I heartily thank you for the Dog you are to send me 

I am, Sir, 

Your most humble and faithful Servant 
James Erskine. 
IS Septr." 

James Farquharson of Balmoral was the nephew and successor of 
Charles, the first of the family to possess the property. Charles was the 
second son of William of Inverey who was the son of James ist of 
Inverey. (Fam. Gen.) As a young man James had been out in the '15 ; 
and as an old man he took an active part in the '45. He was wounded 
in the battle of Falkirk, and had to take to hiding after CuUoden. For 
the efforts made to obtain his pardon see Hist Pa., vol. IL, p. 620 seq. At 
this time (1726) he was in the prime of life, and acted as baillie over the 
Mar estates under Lords Grange and Dun. 

Glenlui is the valley drained by the united streams of the Derry and 
Lui-b^, which empty their waters into the Dee a little below the Linn. 
It formed the principal property of the McKenzies of Dalmore, now Mar 
Lodge. James, the then proprietor, as a vassal of Mar, had taken part in 
the late rebellion, and, like many of his neighbours, was ruined thereby. 
In the traditions of the country, this James, surnamed Slieamas na pluic, 
Le. Janus with the fat cheek, was slain by the caterans in Gleney in this 
same year (1726). This, however, is incorrect, as there is evidence that 
he was alive in 1727 ; but it is quite true that the McKenzies of Dalmore 
had for several generations been most strenuous assailants of the 
Lochaber caterans. 

D. Gordon is the Duke of Gordon, whose forest of Glenavon 
bordered on that of Mar. 



Jamcf F. was, according to the generallj received accounts, the nephew of Charles, being 
the youngest son, bj the second marriage, of John of Inverey. There is, however, considerable 
obscurity regarding the inter-rehtionships of the different branches of the Inverey fiunily at this 
penoa* 



3l8 RECX)RDS OF INVERCAULD. 

The General referred to was General Wade, who was then engaged 
in the construction of his military roads in the Highlands. 

Invercauld was John Farquharson, " whose bravery at the battle of 
Preston almost turned the fortune of the day." 

From this date (15th Sep., 1726) Lord Grange was incessantly 
pressing upon the attention of the proprietors the advantages they would 
derive from the purchase of such portions of the Mar estates as lay 
contiguous to their own properties. In this course of action he had many 
private meetings with them individually. Not much written correspon- 
dence seems to have been preserved ; but the following letter addressed 
to Inverey sufficiently indicates the position of the parties in 1730 : — 

** Missive by My Lord Grange and Dun 
To Inverey, 
17th Feby., 1730. 
"Sir, 

The reasons we have, for improving every part of the estate of 
Marr to the best advantage, are well known to you ; amongst other things, 
. wherein the interest of the family is concerned, and has been long 
neglected, is the glens and grassings, wherein you, and some other of the 
vassals, has the limited servitude of pastures and shealings : these glens 
being more than sufficient, for answering the servitude upon them, moved . 
us to give the trouble to Invercauld, Pittodrie and others, to visit them, 
and in this view by souming and rouming, to consider them, and to 
report to us what number of bestial, they could pasture, over and above 
the right of servitude ; this report is now made us, for our direction, in 
transacting and treating about that matter. 

" We incline to make you the first offer of those glens in which your 
servitude is, and, upon reasonable terms, to sell you the property of them : 
if you have ane inclination to speak with us on this subject, we do desire 
you would repaire to this place, how soon you can, to be here at furthest 
in the beginning of March, when we will have time to commune with you 
about it, and we will indeavour to detaine Invercauld, who is at this place, 
till that time, that he may assist in finishing a transaction betwixt us 
about them. 

• " To the same purpose we have write to Dalmore, and to Allena- 
quoich, you being the only three interested in this matter. 

We are, 

Sir, 
Your very humble servants 
Edn. 17th Feby. James Erskine, 

1730. Ld. Erskine. 

Inverey." 



FAMILY PAPERS: JOHN. 319 

Lord Grange's manner of conducting the negotiation is well shown 
in his correspondence with his friend and relative, Thomas Erskine of 
Pittodry, as recorded in Vol III., Sp. Club Miscellany^ from which the 
following extracts are taken -A- 

" Edinburgh 22 March 1730-1 

Dear Sir, 

The parting with those things in Aberdeenshire gives me a 
great deal of uneasiness. But what can we do? Better to part with 
some, and save the rest, than lose all. If Lord £ — ne (the Earl of Mar's 
son) would have done anything tollerably, it had not come to this. But, 
after so much mellancholy matter, it were too much to enter on that now. 
The bargain about the forest has gone so oddly, that you should know it 
" We resolved to give the offer to the gentlemen whose lands lay 
nearest to it, viz. : Inverrey and Dalmore. The first came here himself, 
and the other commissioned hb brother about it Lord Dun thought fit 
to call Invercauld hither, to give his advice, and to him he also proposed 
to buy the Davach of Castletown, who was for it, but regreated he was to 
have no share of the forrest, for grazing to it Dallmore's people have 
shunned me as afraid, ever since the impertinence of James, last deceast, 
and applyed wholly to Dun, and Lord Dun in this affair transacted all 
with Dallmore and Inverrey ; and the price he asked, by Invercauld's 
advice, was fifteen years' purchase of the rent it has been set at these two 
ytaxs passt At length. Dun, with Inverrey and Charles, came to me, and 
his share of the forrest, and what he was to pay for the souming and 
rouming of the sheels and glennings came to ten thousand merks. They 
pretended not that it was too dear, but said they were not able for it, and 
had, even on that pretence, proposed before to Lord D. to let them have ' 
all for five thousand merks, and when I was there came up to seven 
thousand ; and Lord D., believing that, if they did not, none else would 
purchase it, nine thousand merks was agreed to on both sides. The 
proportion of this for his part of the forrest (the same that he has in tack) 
was four thousand five hundred merks. Dallmore, after much jungling 
with Lord D. for that part which he has in tack, would not give the seven 
thousand five hundred merks, which, at fifteen years' purchase, it 
amounted to; and Dun gave up with him, which he told me in the 
afternoon ; and I told my Lord that I would not consent to his getting 
another offer of it, but let Invercauld have it, who had been more useful 



320 RBCORDS OF INVERCAULD. 

to US, and mi^t be so still, and had proceeded more handsomely ; to 
which Lord D. agreed, and I assured Invercauld in the afternoon that he 
only should be the man. He no sooner parted with me than he told this 
to Dallmore's brother, who came to me allmost out of his wits ; said he 
did not think he had given up with Lord D. ; that his brother might leave 
the country, if Invercauld got this ; and instead of fifteen, had better give 
fifty years purchase than want it ; and, allmost with tears, begged me to 
let him have it still. I told him how unworthy he was, knowing the 
value of it so well, yet to strive so much to beat down the price ; that he 
had had it several times in his offer, at that low price, and rejected it 
He answered that it was only to learn whether Inverey would get an 
abatement, that he might ask it too. I replied that it was nothing to him 
diough we had sold to Inverrey for sixpence, and, since he had been thus 
on the sharp with us, he was deservedly trapt That I had given my 
word to Invercauld, and would not break it, any rate. 

''Then Lord D. and I met with Invercauld and Inverey ;• and his 
brother, Charles, and he, and J. Thomson, were to draw minutes, and 
Lord D. to go from town next day. The minutes Charles made were 
perplexed nonsence, like his looks, and I believe like the inside of his 
head toa Therefore, just before Dun went away, I drew the minutes 
myself, and sent them to the lairds and their writer, and met with them 
about two hours afterwards. They were displeased with them, and none 
more than that bitter little villain Charles. I added some things on the 
margent, which pleased them ; so we parted, and were to meet next day, 
and sign when the minutes were transferred to stampt paper. When I 
came from them, a gentleman, exceeding responsible, told me he heard 
of the bargain ; that I was vastly cheated by these villains ; that he was 
not at freedom to tell me his man, nor did I need to care, for he would 
give me, for Invercauld's part, one hundred guineas above the seven 
thousand five hundred merks. I told him that I suspected Dallmore 
was his man, who therefore was still the greater villain, since he had 
strove to cheat us even of a part of the seven thousand five hundred 
merks. He would not tell me the man, but in short he offered me four 
thousand five hundred merks above the seven thousand five hundred, and 
to give his own bill for it payable at Whitsunday next ; and assured me 
of a merchant for Inverey's part at a price proportionally higher than 
Inverey's. I told him that if he had known when they impertinently 



FAMILY PAPERS: JOHN. 321 

sawcyly jangled with me about the minute, I could have broke with 
them, but now could not honourably do it, should he give pounds sterling 
for merks Scots ; that I had never broke my word in any bargain, and 
never would. 

" When Invercauld came to me next day, I told him this ; and that 
we were ill used by all of them, and expected it not at his hands ; and 
would think it very odd if he came not up to the price, or at least made 
a handsome compliment ; but he was deaf. The thing began to be talkt 

of; and Sir H. P ne happening to meet the two Invers (Invercauld 

and Inverey), told them so, and that it filled every body with indignation 
to see Lord M's family, in the present circumstances, treated so by those 
who ought least of all men to do so. That, if som others than Lord G. 
was the man, he would be easy, for there being locus p^mttentue till write 
intervened, some others would make use of the l^all priviledge, which 
he feared Lord G. would not, believing he was tyed by his word, though 
not by law ; and that it would not raise their characters in the world if 
they catched the advantage, because he is a man of honor. Inverey and 
bis brother seemed not a bit moved. Invercauld was in a sort of agony, 
and his lip trembled (as you know it does when he is in great concern), 
and he hasted to get away from him. Much pains was taken to persuade 
me I was not tyed in honour ; but I hate to drive too near in that point, 
or to do any thing that looks like shirking and playing fast and loosei 
whatever be the consequences. 

" At length, I ^jgaln met with the two lairds and writer, the minutes 
being ready for signing. I composed myself to great calmness, and 
observed it, though inwardly very angry. But I told them, calmly and 
plainly, that I was a frank dealer, as they knew, and would, without any 
commotion, tell them the truth, that I was ill used by them ; and Lord 
D. and I plainly imposed upon, by those we thought that, as gentlemen, 
and who had received not a few former favours, and still professed great 
kindness and respect to the familly, would not have hurt it so signally in 
its present circumstances. They said the rent would never answer in 
money to the agreed price, and that they would gladly give a nineteen 
years' tack at a smaller rent ; but they acknowledged that they valued 
the priviledge of killing dear and roe, being heritably deputy forresters, and 
thereby entitled to the generalls warrands for carrying arms, and were 
afraid of strangers, and especially men of power, getting the forrest, which 
SS 



322 , RECORDS OF INVERCAULD. 

would hurt them vastly, and hoped I would continue so good to them as 
not to do it I answered that, as their goodness to me was veiy extra- 
ordinary, it was meny enough to talk so on this occasion ; that, if all 
these things were so valuable to them, and that others would pay for 
them, why should not they ? And they knew that the family could not 
spare such summes at present That by holding me \o my word Lord 
M. losst on the forrest about £soo Sterling ; and since I took not the 
legal priviledge of resiling, if they came not up to the price, or made a 
handsome compliment, I would declare them the most ungenerous men 
alive ; and that I hardly believed there were other two gentlemen in the 
shire of Aberdeen who would use me so. Their answer was that I had 
made the bai^ain with them already. In short we signed the minutes, 
and left them with that worthy gentleman, Charles, the writer (whom I 
may probably remember), to be sent to the country to Lord D. to sign 
them. As I left them, Invercauld was so modest as, with a trembling 
voice, to entreat me still to get Alnaquoich and some servants of his kept 
out of the Porteous roll^^ which before he had desired of me without any 
concern. When I left these three, they got their cousin, young Finzean, 
and went to the tavern and made merry. 

" Mr. Erskine, the sollicitor, and other friends, got notice of this, and 
are downright enraged at it, and sent an express to Lord D. with letters, 
to shew him he is not obliged to sign, and ought, not to do it That I 
was too nice; for a plain cheat and imposition being discovered before 
signing was sufficient in honour to loose one from a promise ; that he 
was still at more freedom, not having been present at concerting the 
papers, nor having then screed to the bargain, as I had done That 
there are things in them which were not talked of with him, and so he 
was at freedom to sign or not, such as killing deer and roe, building in 
the forrest, feeding swine in it, &c, and these are things which they say 
quite evacuates the reservation we made of hunting, &c., since they must 
quite destroy the game. What Lord D. will do I know not But I am 
satisfied, he may, according to strict honour, refuse to sign ; and had I 
thought myself so situated, I would not have signed. 

I Every reader of ** The Heart of MidlothimQ " may be presamed to be ooovemnt with the 
history of the Porteous riot What b worthy of notice here ib the circnmstanoe that not merely 
the smuggler! of Fife bat also Highlanders, from so remote parts as Braemar, were suqiected of 
being implicated in the proceedings that gave rise to the historic " Mob." Allanqnoich and his 
retainers ''might have been turning a penny," whether honest or not, in the Fifeshire smnggUng. 



FAMILY PAPERS: JOHN. 323 

" Let me end this long story by another passage. When Lord D. 
proposed the Castleton to Invercauld, he made some objections to the 
terms, but it was plain he was for it. I told Dun we should end that 
with him before he got the forrest, without which he thought none would 
buy the Castleton for want of grass ; and therefore, if both were not 
ended at once, he might think to put his own terms on us for the 
Castleton. But Lord D. seemed not touched with this, and hurryed out 
of town. When I spoke with Invercauld about the Castleton, after I saw 
he resolved to hold me fast about the forrest, he told me plainly that he 
would not come up to our terms. But he will be disappointed ; for I 
think to get our own terms though his honour should have the forrest ; 
and, if another will but give us as much as he, can any mortall say that 
his honour of Invercauld should be the man after what has passt? 

" I have wearied myself and you with this long narration, because the 
affair may produce some noise, if Lord D. refuse to sign ; and I wisht 
you might at any rate know all particularly. Since they thus catch at 
advantages, what is it to us who gets the forrest, if we get the more 
money? Certain folks coming there may hurt the Farquharsons, but 
can not hurt us, for they will be our vassals too ; and be they never so 
strange, can not in any occurrence endeavour to impose on us more 
enormously. And when these gentlemen do so now, what would they 
not do when they have more power in the country ? Would the break- 
ing or diminishing their power there hurt any but themselves, since thus 
they proceed with us ? To pay but twelve thousand instead of twenty- 
one thousand merks is a terrible odds. 

'' Earl Aberdeen and others are asking grazings of us.' 

" The letters from the sollicitor and others to Lord Dun were wrote 
and in the hands of the express to go off with them before I knew that 
any such were wrote, and to be sent to him. It was with some difficulty 
they told me, fearing I would stop them. But I saw not why I should ; 
and you may see my reasons by what is above. 

" I own my fault in not writing back to you about the mony. I 
knew not what to say till we should see what would become of some 
bargains ; but I ought not to have neglected to tell you so, for which I 
hope you will pardon me. 

I The Earl of Aberdeen had quite lately acquired the extensive lands, formerly belonging to 
the Irvines of Drum, in Cromar, which being mostly agricultural, his tenants had much need of 
pasture for their cattle during the summer months. 



324 RECORDS OF INVERCAULD. 

** As to what I owe on my own account to Invercauld, he wrote to 
me before he came up, and has here said to me, and indeed very civily, 
that, if uneasy for me to pay the wholle at Whitsunday next, he would 
only ask the half; and we agreed that it should be so. As to that 
gentleman's procedure ever since I had business with him, it makes me 
think him a pretty mixt character. He seems still to be the best of 
them, and to have more of something of knowledge and a gentleman. 
But there is so confounded a predominancy of Highland vanity, want 
of right knowledge of the world, averice, and a weak jealous mind 
that I cannot help thinking on four lines in Rochester : — 

' Half learned, and half witty, and half brave, 

Half honest, which is very much a knave ; 

Made up of all these halves, you cannot pass 

For anything entirely but an ass.' * 
*^ It is not hard to see through all these gentry ; for their own vile 
Highland maxims are become so familiar to them, that you need but set 
their minds and tongues a-running without contradicting them, and in 
the heat and run of their discourse, they will tell you all themselves. 
But I have known others who by their stations and education should be 
wiser, yet so much immersed in knavery by long prosperous practice, 
and their minds so debauched and corrupted, that, as if they had losst 
the very ideas and notions of honesty and honour, they have blabbed 
out what at least, in prudence and decency, th^ should have concealed 
of themselves. I had very strong instances of this sort from both Invers, 
when in the Highlands in the year 1725. I did not wonder at their 
conduct Each of them separately were at pains to explain and vindi- 
cate to me their conduct in the year 1715. I had in former affairs seen 
enough to make me think it like them.' But till then I scarcely 
imagined them so hardened as to repeat their scurvy, ungenerous, dis- 
honourable maxims by way of vindication, and shewing their parts and 
dexterity. They are certainly such as neither King nor country, 
benefactor nor friend, can rely on them : but private Highland interest, 
pursued in the way of the greatest deceit and baseness, will carry them 
over all these. And it seems those people have not of late only been 

I He probably refen to the dispute that aioie in 1705 about rights of pasturage in the royal 
forest (see p. 117 seq.) ; or, perhaps, to the resistance oflered to the schemes of Lord Mar when 
plotting his insurrection. 



FAMILY PAPERS : JOHN. 325 

such. I was still more surprized at the account which Invercauld.gave 
me of his grandfather's conduct, when King Charles II. was at Spoon 
before the Worcester fight, when my grandfather by the King's command 
wrote to him (he shewed me the letter) to bring down the men for his 
Majesty's service (see pp. 237-238). This behaviour was all the vilest 
double Highland cunning, which yet the laird spoke of as great wisdom. 
And it was droll enough that, some days thereafter, talking of Clova's 
odd freedoms, he told me how once being his bed fellow, he awaked him 
to tell him that his grandfather had then behaved like a rascal. 

" But pray reflect on the conduct of the late Earl of Braedalbane, 
Glengairy, &c., and you will see that our gentry are not singular in the 
highlands. 

" You will certainly conclude from this I am so angry at what has 
now happened that all these things come again in my mind. I cannot 
deny it But still the things are true. 

" But these more public affairs have carried me away from my own 
business. Since I agreed to pay Invercauld ;£^200, at Whitsunday next, 
I find I must of necessity then pay ;f400, and three years' interest for 
Earl Kintore. The two concurring unexpectedly straiten me vastly, 
especially since I must so very soon go to London. Could you, by the 
man you wrote of, who had money then to lend out, or by any other, 
help me to the ;£'200 for Invercauld? It will be a very great favour, and 
ease me of a good deal of trouble at a time when I have enough on my 
hands, at any rate. I'll use no arguments with you to endeavour it I 
believe I would wrong you if I suspected you needed them. I am 
convinced that to some men the bare proposall of doing good oflfices to a 
friend is enough. My dear Pitodrie, you are not a highlander. 

" How entirely I trust to you, the freedom of this very long epistle 
shews. Lord send it safe to your hands, and keep it from all other eyes 
but yours. Adieu, my dear. 

Letters for me, under cover, to Thomas Elliot, writer, at the 
Insurance Office, Edinburgh, will come to me, wherever I happen 
to be, whether in Scotland, England, or Flanders. If in the last 
tell me what to say to your son. But letters from this to London, 
or foreign parts, are very often opened at the post-house. Therefore 
be cautious. Once more, dear Sir, farewell." 



i 



326 RECORDS OF INVERCAULD. 

Such were the observations made by a man, notorious for his 
dupUcity and hypocris>% who was at that very moment engaged in 
suborning some Highland ruffians to kidnap his wife and carry her away 
to St Kilda — an island then as remote from the arm of the law as 
Melville Isle is at the present day — lest she should disclose secrets that 
might bring him to the scaffold. 

Lord Grange's next letter to Pitodrie, dated 14th June, 173 1, is 
almost wholly taken up with matters relating to disputes in his own and 
brother's family. The only reference in it to Braemar affairs is in regard 
to the loan he had asked from his friend in order to enable him to pay 
his debts. '* You was good in taking so much trouble about the £200 I 
was to pay last Whitsunday to Invercauld. I b^ to know what has 
become of it, and how it now stands." It would seem Invercauld had 
not been paid according to promise. 

Negotiations still went on for the sale of the lands and superiorities 
of the Earldom of Mar. Mr. Farquharson purchased the lands of 
Castleton, Glenclunie, &c as stated in the Estate Papers, and had a 
charter of them, dated 31st July, 173 1. The davoch of Castieton had 
been an old possession of the Farquharsons, given by Finla Mor to his 
son, Donald, who afterwards excambed it for Monaltrie. It had thus 
remained as the personal property of the Earls of Mar for about 200 
years. 

Inverey had also purchased some portion of the ancient forest lands 
as the following somewhat equivocal document attests : — 

"Bond: Patrick Farquharson of Invereye 

TO 

The Lords Grange and Dun, 1732." 
" Patrick Farquharson of Inverye grant me hertby to be justiy 
adebted and resting owing to the Honourable James Erskine of Grange, 
and David Erskine of Dun, both senators of the College of Justice, AH 
and Haill the sum of six thousand pounds Scots money as the price of 
that part and portion of the Forest of Mar, and others Disponed by them 
to me, by their Dispositions to me of the date of these presents, notwith- 
standing of tlu Receipt and Discharge of your said price contained in the 
said Disposition. Which sum of six thousand pounds money foresaid, 
with the due and ordinary rent thereof from and since the feast and term 
of Whitsunday last by past, notwithstanding of the date of these presents, 
to the term of payment underwhich, I bind and oblige me and my heirs, 
Executors and Successors, thankfully to content, pay and deliver to the 



FAMILY PAPERS: JOHN. 327 

said James Erskine and David Erskine jointly, their heirs or Assigneys, 
secluding Executors^ and that betwixt and the feast and term of Whit- 
sunday next to come, with the sum of One thousand two hundred 
pounds money foresaid of the expenses in case of faillie ; together with 
the due and ordinary rent of the said prinle. sum, ay and so long as the 
same shall remain unpaid after the term of payment as written. Con- 
senting to the registration hereof in the Books of Session or others 
competent, to have ye. strength of a Decreet interposed hereto, that 
Letters of Homing on six days charge and other exells needful in form 
as eflfeirs may be directed thereupon and to that effect I constitute. 

"My friends &c In witness whereof I have subL these presents, 
written by Harie Maule, son to Mr. Harie Maule, writer to the Signet, 
on paper stamps, conform to Law at Edinburgh the eighth day of 
March one thousand seven hundred and thirty two years. Before these 
witnesses Charles Farquharson, Writer to the signet, ; Francis Farquhar- 
son, Writer in Edinburgh ; the said Mr. Harie Maule and Thomas Boyes 
his servitor, inserter of date and Witnesses. 

" Charles Farquharson, Witness. 
Harie Maulie, Witness. 
Ffran:s Farquharson, witness. 
Tho : Boyes, Witness." 

" I the within named and designed James Erskine, do hereby grant 
me to have received from the allso within named and designed Patrick 
Farquharson full and compleat payment of the haill summes within 
contained and therefore do for myself and for the allso within named and 
designed David Erskine of Dun hereby discharge the same and the 
within written Bond itself for now and ever. Written and subscribed by 
me at Edinburgh the fourteenth day of March 1732. 

James Erskine." 

About the time of his marriage to the daughter of Lord James 
Murray (1720), Invercauld had acquired from the Athole family the 
superiority of several of his Perthshire properties, as well as of some 
adjoining lands which he contemplated purchasing when a favourable 
opportunity presented itself. It is to one of these that the following 
communication refers. Spalding of Ashintully was superior of Glentat- 
nich, a fine grazing glen adjacent to Inverdauld's property in Kirkmichael, 
hence his desire to acquire it; but, from previous transactions with 
Spalding, he did not care to have him as the superior. Both solum and 
superiority were ultimately acquired by Invercauld. See Estate Papers^ 
pp. 208 et seq. 

The italics are the Editor's, 



328 REGORDS OF INVERCAULD. 

«KirkmichaeItlie20th 
May 174a 

" Honoured Sir, 

I remember that two or three years ago I told your nephew, 
Mr. Stranus, that I was of oppinione Lord George Murray would weary of 
the Lands of Downy and might come to dispose of these land ; when 
Mr. Stranus deputed me to be sure to accquent you in case Glentetnick 
was to be dispensed of seperately ; accordingly Lord George having fully 
determined to dispose of the whole, The Heir of Downy applied to be 
allowed to parcell them so that he might have ane opportuni^ of keeping 
The Mains to himself for the reversone over, after paying of the debts. 
To which Lord George hath agreed, and hath allowed Mr. Robertsone 
of Downie to parcell them out in any shape he pleases, provyding he can 
make up to his Lordship for the whole the price he payd himself, being 
25 years' purchass. He hath, I mean Downie hath, got a merchant for 
what he doth not keep to himself of the lands of Downy, but cannot 
bring him to exceed 24 year's purchass for them ; so that he loses a year's 
purchass of that parcell, but thinks to make it up by Glentatnick for 
which he expects 27 year's purchass. Barrone Reid and James Spalding, 
flax dresser in Edinburgh, are both competing for the Glen, but have not 
an other offer yet exceeded 25 years' purchass, being the price Lord 
George payd over head for the whole ; and I believe it may end in or 
about 26 years' purchass. In a few days Downie is obliged to g^ve so 
much for the price payable (at) Martinmas next, wherefore He will be 
obliged to end with one or other of them, Saturday next, when he hath 
appointed a meeting with them at Tullimett. I have therefore run this 
express to know whither or not you'll incline for the purchass of the 
Glen, and, If you Doe, Please, Commission and Instruct me, and I shall 
do my best to procure you the preference. I know you'll not incline to 
hold of AshintuUy (as superior), But to prevent that, you can take it 
holden Immediately blench of Downie and he to hold it of AshintuUy, 
and you can have a very good right since all the debts as well herle. and 
imoveable are to be given up to Downey, and you'l have not only his 
right as held, but also to the debts for your further security, and besides 
you may have real Warrandice on what Downie retains. 

" After a good deal of struggle and some meetings, I at last ended 
with Mr. Ogilvie thus : I procured from him an ample discharge to you 
and Binzean of the process at Edinburgh and of all that he could charge 
upon, out of the violent ejection, intrusione, and every other thing he 
could ask either of you or on any other account whatsoever; and I 
allowed him to raise the money owing for his crop, being about 100 Id. 
and gave him ane obligement to pay him in what that wanted of ten 
guineas ; after compt and reckoning it was found he was not owing you 
so much and on the other hand, If he owed you more than Ten guineas 



FAMILY PAPERS: JOHN. 329 

he is to give in the overplus Neither he or I had papers upon us at 

the time, or we had compled at that time. But he was in a great strait 
for the money which made me embrace the opportunity of pronouncing 
his discharge. I am to meet him next week in order to clear accts. I 
am with the greatest respect, 

Honoured Sir, 

Your most obedient and obliged 
humble Sert Tho: Bisset 

« The rent of the Glens— 
100 Id. Scots for Glentatnick, and 20 Id. for Corriebie in. all Ten pounds 
sterling. You'll order the bearer to come directly to my house with 
your return, and to be sure to be with me sometime, fryday, because, as I 
have said, I am obliged to meet with the other persons, Saturday." 

Lord Geofge Murray was soon to become an historic personage, as 
General of the Highland army under Prince Charles Edward. He was 
the fourth son of the first Duke of Athole, and cousin of Mrs. Farquhar- 
son of Invercauld, and afterwards father-in-law of young Invercauld 



"To The Honourable 

The Laird of Invercauld." 



The following shows how matters were prc^ressing : — 

ionourable 
e Laird of Invei 

" Kincraigie, 13th Jany. 1741. 
" Honoured Sir, 

The scrolls of all the conveyances are allready drawn and 
revised by Mr. Craigie and also according to his advice, The Duke of 
Athole is charged with homing and the services are expead, so that there 
is nothing now to be done but the new Charter which Mr. Alexander 
Murray, as Commissioner for the Duke, is to sign, so that I shall be ready 
for you whatever time you are to be at Invercauld, whereof please 
acquaint me sometime before. I shall as you desyre Immediately persue 
Mr. Ogilvic. 

"I find AshintuUy's lands must now soon be sold and all his 
Wadsetters and other creditors are warned that you should be the 
purchasser, Being affrayd of coming into James Spaldings handa 
Please let me know If you'l incline it, and I shall lay myself out to serve 
you therein accordingly. 

" I am, with dutyfull respect. 
Sir, 

Your most obedient and obliged 
humble sert Tho : Bisset" 

TT 



330 RSOORDS OF IMVERCAULD. 

In a letter written to Mr. Farquharson, dated Edtnbinf^ 2nd 
October, 1740, a Mr. James D. S)rme, who seems to have been his lq;al 
adviser, after referring to various estate matters, concludes with this 
postscript : — 

^ We are alarmed here at a story of sixty thousand flfrench coming 
from Dunkirk to Dover which gives the utmost speculation to this place." 

The expected death of Charles sixth (October, 1740) gave rise to a 
great feeling of uneasiness as to the part France would take toward 
Britain, and especially the view she would adopt toward the Restoration 
of the Stuarts. This feeling filled the country with strange rumours of 
war. To this it seems probable Mr. Syme refers in his postscript 

In connection with the superiorities which Invercauld had acquired 
from the Athole family, there arose some misunderstanding r^arding the 
rights of the superior and his vassals. The matter in question was 
whether the superior had, or had not, the right to the game on the lands 
possessed by his vassals. We have seen in the negotiations with Lords 
Grange and Dun that Invercauld and Inverey tacitly admitted the 
superior's right to the deer and roe. Here the question was as to the 
winged game. Mr. Farquharson was the superior, and Mr. Mcintosh the 
vassal and proprietor. The following letter explains the circumstances : — 

« Hond. Sir, 

I am obliged to give you this trouble at the desire of Mr. 
Mcintosh of Dalmunzie's son, and his Curators. Your servant, Angus 
Robertson, sometime ago stopt Dr. Amot from fowling in Glenshie, 
notwithstanding a signed warrand he had from Mr. Mcintosh, and told it 
was by your express order he did it Mr. Mcintosh was a little fretted 
with the news of this, and consulted the case with Mr. Craigie, who gave 
his opinion veiy positively that he not only had himself a full right to 
fowl by himself and others upon his own Glens and Moors, but that he 
could likewise stop all others from fowling upon his hills, the superior 
himself not excepted. This was Mr. Craigie's opinion and Mr. Mcintosh 
himself had the matter very much at heart, and was determined to write 
you on the subject But his Distress put it off for some time, and his 
beath put a full stop to it at last 

'* His son and Curators, Remembering he had the matter so much at 
heart, appointed me to write you That Invercauld or any of his friends 
were extremely welcome at any time to fowl upon any of the hills 
belonging to Dalmunzie, That they don't grudge your fowlers catching 



FAMILY PAPERS: JOHN. 331 

fowls there for the use of your own family, but make him very welcome 
wbm he comes for th^t purpose. But upon the other ^and That they 
can't suffer Angus Robertson's Brother and others, under cover of 
assisting him, to kill fowls there and carry them to the Mercat ; and that 
they are determined not to suffer Angus or any other under pretence of 
an Older from you to stop any gentleman from fowling there who has a 
wanrand from the Proprietor. 

*\ This is what I am desired to write. But I must add from myself 
that I should be extremely sorry to see my Nephew and you engaged in 
a plea. And I would therefore beg you would take the trouble before 
you determine yourself, to advise the case. Mr. Mcintosh told me My 
Lord Advocate's opinion as I have narrated it from his own mouth, And 
he mentioned a parallel case between the Duke of Hamilton and one of 
his vassals, in which the Duke was obliged to sucumb. 

** Possibly all this may have been occasioned by a mistake, I mean 
Angus having no orders from you, as he pretended But if that was the 
case he was very impertinent to raise differences betwixt gentlemen 
without any occasion. 

^ You'll please favour me with an answer, and believe that I am with 
great Respect 

Sir 
Your most obedient humle. Servant 
Kiiicmicfaael, Rob. Robertsone. 

June 22d, 1744" 

How the matter ended is not particularly stated ; but Invercauld's 
rule, a generation later, in respect of shooting over his own moors, was 
exceedingly liberal. It is recorded of an English gentleman, the guest of 
Mr. Gordon of Abergeldie, that, being very desirous of obtaining a day's 
ahootii^ over the adjacent moors belonging to Invercauld, and, being a 
stranger, he did not know how to approach him for permission. Apply- 
ing to Mr. Gordon for advice, he was answered, " The thing may not be 
very difficult We shall call at Invercauld, and if Mr. Farquharson asks 
you to repeat the visit the thing is done ; for he makes it an invariable 
rule to offer some days' shooting to every guest over any part of his 
moors." The event justified Mr. Gordon's anticipation. 

Broken Men. 

The measures adopted by the government to suppress the rebellion 
under the Earl of Mar had only been partially successful. The disband- 
ing of the Highland army threw upon the country hordes of broken men 



332 RECORDS OF INVERCAULD. 

who had no visible means of earning a livelihoodi and whose only training 
had been for raiding their lowland neighbours. For a time the presence 
of parties of Government troops, stationed at suitable posts around the 
Highland border, had, to some extent, restrained these depradators ; but 
when the soldiers were withdrawn they broke out with more violence than 
ever. In these circumstances Mr. Farquharson invited his fellow-pro- 
prietors to concert with him some measures for the protection of their 
tenants. The letter is thus docketed : — 

*' Letter from the Laird of Invercauld to the heritors of the five 
parishes' of Cromar, with those of Abo}aie, Glentanner, and Birse, 
requesting them to meet him at Tarland, and consult for taking measures 
for protecting the country from lawless men ; dated, Aberdeen, 26th 
May 1741." 

What measures they adopted is not recorded ; but as the Indepen- 
dent Companies, known as the ** Black Watch," had quite recently been 
embodied, it is probable that they appealed to their officers for protection. 
At least there is a document. from the officer then in command to the 
following effect : — 

" Obligation by Ewan McPherson of Clunie, and several heritors 
on the south side of the Grampian Hills whereby the Laird of Clunie 
s^ees to maintain a sufficient watch for preserving the Cattle of the said 
heritors and their tenants, or recovering them, if stolen, banning on 
22nd May 1744." 

It would seem that the heritors had to wait all these three years before 
they received this degree of protection. They had been left to their own 
resources ; and it is to this time that most of the traditions of conflicts 
with the caterans, still remembered, are to be referred. 

In the *• Orders" from the 12th to the 13th October, 1745, the 
following is included : — 

" Perthis regiment will furnish a serjeant and 20 men at the (Islay) 
magazine in Clockmillin Park, under the direction of Mr. Comrie, com- 
missiary. My Lord Ogilvy orders that Captain Alexander Farquharson, 
and Lieutenant McDuff, 2 serjeants, i drum, and 30 men, mount the 
main guard to-morrow, the 13th, at Leith. James Leuchars to be 
acknowledged serjiant in the ist Water Esk Company." Sp. Club Misc., 
Vol. 2, p. 2yg. 

I The five parishes were Coldstone, Logie, Migvie, Tarland^ and CoalL 



FAMILY PAPERS: JOHN. 333 

There is quite a number of Alexander Farquharsons of various 
families about this date, but as the above Captain belonged to the Duke 
of Perth's (as he was called) regiment, it is probable that he was either the 
third son of John of Rivemie, who married a daughter of Strachen of 
Pittentaggert ; or, what is more likely, Alexander, who married first 
Rachel, daughter of Fei^usbn, minister of Crathie, and secondly Elizabeth, 
daughter of Farquharson of Bethmore, of the House of Brochdeig, whose 
cousin was the tutor of Invercauld and the author of one of the 
Genealogies referred to in the Family Tree. 

The Rising of the '45 was, in these circumstances, felt to be little less 
than a relief from the oppression of these broken men and masterful 
beggars, by drafting them out of the country to fill the ranks of the rebel 
army. As appears, the proprietors who took part with them were almost 
all in pecuniary diflficulties, and had little to lose and all to gain by a 
revolution. Invercauld was otherways situated. He had everything to 
lose and nothing to gain by a revolution. Yet, strange as it may appear, 
some of his family and many of his relatives took part in the Rising. 
His son and heir, James, was an officer, as already stated, in the Govern- 
ment service, while his nephew, Francis of Monaltrie (the Baron Ban), 
threw himself with much zeal into the Jacobite cause ; and his daughter, 
Anne, who had lately been married to the Chief of the Mclntoshes, 
afterwards became signalized by her heroic deeds in the same adventure, 
while her husband was serving as a fellow-officer with his brother-in-law, 
young Invercauld, under the Government In such circumstances was 
the family placed when the flame of the insurrection arose. The Baron 
Ban had for some years acted as commissioner to his uncle, and thus 
acquired a great influence over the tenantry. When he joined the 
Rebellion Invercauld dismissed him from his service, but this did not 
prevent his exercising his former authority to command a very lai^e 
portion of the clan to enlist in a regiment he undertook to raise. 

Finding that he could not control the action of his nephew and the 
other adherents of the Stewart cause, Invercauld shut up his house and 
retired to Aberdeen ; and in the b^inning of winter, just before the city 
was occupied by the Highlanders under Lord Louis Gordon, he removed 
to Leith, where he remained till the Rising was quelled at Culloden. 



334 RECORDS OF INVERCAULD. 

For the same reasons which obtained in tbe 'ij, the Family Papers 
give little or no information of the events of the rising in the '4$. 
These will be noticed, so /ar as concerns the part taken in k by the 
Farquharsons, in the Monaltrie Papers. 

Mr. Farquharson, who had been a widower since about 1730, married, 
fowthly, Jane Forbes of Waterton, about the year 1743^ ^^ ^^ ^Y ^^ 
one son, Robert, who became a W.S., and died unmarried, and two 
daughters, Mary, who married Captain Oliver, and Fanny, who married 
Dr. Donaldson, of Aberdeen, as already noticed. By his former marriage 
he had three surviving children, James, his heir, Anne, and Margaret 
The last died unmarried. ** Anne was the celebrated Lady Mcintosh, who 
assisted Prince Charlie, in 1745, by heading her husbsuid's clan ; nL to 
Eneas Macintosh, of Macintosh." Burke. 

Throughout his whole life Mr. Farquharson might have been said to 
have been in trouble of one kind or another. In his early married life he 
had much to do in arranging the affairs of the Craigmyle estate ; he had 
also to take strong measures in defence of his patrimonial rights per- 
taining to Invercauld, and that too i^inst the high-handed proceedings 
of his feudal superior, the Earl of Mar. Some of these have been noticed 
in the Estate Papers. Article Corrievouie. 

He had need to be a man of great energy and firmness of character, 
for he had to deal with unscrupulous people in one of the most lawless 
periods of Highland history. The vexatious and protracted n^otiations 
with Lord Grange regarding the sale of the forfeited estates of the Earl 
of Mar gave him much trouble, as above noticed. 

It was his fate to encounter the three great Jacobite insurrections — 
the first under Dundee, when he was a lad of sixteen years of age ; the 
second, under Mar, when he was a man at his best ; and ^e tliird under 
Prince Charles Edward, when he was an old man of 72. He was too 
young to take part in the first on either side ; he was not left to the 
freedom of his own will in the second ; and in tfie third he was too wise 
and had too much at stake to embark in so hopeless an adventure. 
Though his sage counsel could not guide the more ardent spirits of his 
kindred and clansmen, yet no man did more to mitigate the sufferings in 
which their mistaken loyalty had involved ^em. This is abundantly 



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FAMILY PAPERS: JAlffES. 335 

evident in his kindness to his nephew, the Baron Ban» and his followeis» 
as recorded in the Manaltrie Papers, 

He is the first of his house whose name is recorded on a tombstone, 
and there only in the simple words : — 

" Sacred to the memory of John Farquharson, of Invercauld, 
who died in i/Sa** 



James Farquharson. 

What has been ascertained of the early life of this man has already 
been recorded in the Continuation of the Genealogy of the Family ^fp. 16-17. 

In the troublous times which followed the insurrection of 1745, some 
delay occurred in his taking the necessary steps to I^ally serve himself 
heir to his deceased father. One of the first family matters that claimed 
his attention related to the Rochallie. 

There is a long document headed — 

"Extract Registrate Disposition and Discharge by 
MiSTRES Catherine Murray To John Farquharson of Invercauld 
of her half of the tenements in Perth and Wadset of Tullimet that 
belonged to Lord James Murray of Dowally, her father. Dated 6th 
April 1726." 

Catherine Murray was the sister-in-law of John Farquharson of 
Invercauld, who was then her nearest male relative. 

She afterwards married Captain Finla Farquharson of Rochallie, 
which marriage gave rise to the arrangement by which James of Inver- 
cauld became Rochallie's natural heir, as recorded in the following 
document : — 

" Claim for James Farquharson, Esq. of Invercauld. 
" The said James Farquharson claims to be served heir of provision 
in Generall to the deceased Captain Finla ffarquharson of Rochallie in 
virtue of a disposition and Assignation executed by the said Capt Finla 
Farquharson and dated 13th May 1760 whereby failling heirs of his own 
body he dispones his lands and estate to the Claimant, and also in virtue 
of a contract of marriage, dated the 31st August 1775, entered into 
betwixt the said Captain Finla Farquharson on the one part and 
Katherine Farquharson second lawfull daughter of PauU Farquharson of 



33^ RECORDS OF INVERCAULD. 

Persie with consent of his said father on the other part wbfsnby iailling 
heirs of the marriage or any subsequent marriage the second Finla 
flfarquharson by the procuratory of resignation in the said Contract of 
Marriage settles his said estate upon the Claimant failling issue of his 
own body And likewise in virtue of a ratification of the said disposition 
and Contract of Marriage, dated the 6th of November 1776 executed by 
the said Captain flfinla flarquharson whereby he ratifies the said disposition 
and recommends to the Claimant Jto obtain himself served heir of 
provision in General to him in terms of the foresaid disposition and also 
the procy. of resignation contained in the said Contract of Marriage ; By 
virtue of all which the estate of the said Capt Finla Farquharson has 
now devolved upon the Claiment the said Capt Finla Farquharson 
having died without lawful issue of his body/* 

The Earl of Fife, who had acquired the greater part of the 
superiorities that belonged to the forfeited Earldom of Mar, as well as 
some personal property formerly held by the Mar family, now began to 
assert his rights as the feudal overlord. His claims were often disputed 
by his vassals and others, and a litigation lasting over many years was 
entered into, of which the following letter gives the earliest intimation : — 

« Letter by Delvin 
6th April 1763." 

"Dear Sir, 

Your letter of the 25th which came here when I was at 
Dunkeld, is the first I have had from you for a long time, and till then I 
was no letter in your debt Nothing occured this Winter materisd in 
your disputed matters with your potent neighbour. For about the 
middle of the winter Session Lord Coalston adjourned entering upon the 
reference till the business of the Session were over. Some days after he 
called on Mr. Stewart and me and explained to us his doubts from the 
powers given him by the submission, which he thought were too circum- 
scribed, and I readily proposed to amplify them, which Mr. Stewart did 
at first faintly decline, but thought proper to agree to it, and that his Lop. 
by his clerk should frame the submission in terms agreeable to his own 
Inclinations, And that Mr. Ferguson of Pitfour and Mr. Farquharson^ 
should be his Assessors and Commissioners if there was occasion for 
either. All this went on smoothly, and I have seen a Draught of the 
submission which gives power to the Arbiter to make excambions for the 
Accomodation of either party as he shall judge reasonable, and to give 
spots of your ground to Lord Fyfe and of his woods or ground to you for 

I Probably Finla of RochalUe, 



FAMILY PAPERS: ;AME& 337 

stre^ting of marshes and avoiding future disputes as he should see just, 
or to determine any difference of values to be paid in money at his 
discretion. To all which I presume you will have no objection as I 
believe you are in very good hands, and if the Peer thinks proper to 
subscribe so ample a submission, which of course is first sent to him, I 
have no doubt but you will also show your disposition to Peace by 
subscribing it, And then we will know from the Arbiter next summer 
Session, In what form he is to proceed and be prepared accordingly. 
I'm very glad to hear you intend to be so soon at Marlee, And the 
occasion of it. To which I wish a happy event,' And I hope to have the 
pleasure of seeing you there in the beginning of May. You would read 
in the papers or otherwise hear of our friend Genl. St Clair's death, 
which stops payment of your lady's Annuity till Mr. Paterson his heir 
letum from Guadaloupi, and take upon him the management and 
possession of his Estate, which at present is under a sort of Anarchy, and 
if he is so unlucky as not to return, Sir Henry Erskine is next in 
Commission and will fall to be your paymaster. I find Mr. Murray and 
Lady Charlotte intend leaving London early in Ma^ in their way home 
to Dunkeld, Where I was very glad to see the Major so tolerably well 
recovered, which is a very providential escape. My wife joins in. her 
humble duty to Lady Sinclair and you, And I continue with esteem. 

Dr. Sir 

your most obedient Sevt 
Edinr. 6th April Jo : Mackenzie. 

1763/' 

''In Mackintosh's claim for Davochlag^an, after examining Cole 
McKay, the Crown's lawiers have at last admitted that old Cluny 
survived the Attainder and dyd. toward the end of July, so that it seems 
to be little doubted the Judgement already given will be affirmed in 
Mclntoshes favrs. but the advte. who somehow or other heard of Collusion 
on the part of his informer threatens an Appeal, and for this reason our 
friends were very well pleased the matter happened to be delayed till the 
summer Session in hopes there may be time to satisfy the Advte. before 
winter that appealing such a case would savour of excess of zeal when 
the King's Judges in Scotland gave it agt him." 

General St Clair was the executor of the late Lord Sinclair, the 
former husband of Amelia Murray, now styled Lady Sinclair, wife of 
James Farquharson of Invercauld. From the above it would seem that, 
notwithstanding her marriage to Mr. Farquharson, she still derived an 
annuity from the Sinclair estates. 

I This was an additioD to his fktoBy, InreicMild was 3 J niks from medical aid, Marlee 
was only 3. 
UU 



338 RECORDS OF INVERCAULD. 

The postscript gives us an interesting glimpse into the aflfairs of the 
late Cluny MacPherson. While he was in hiding, in 1750, he had a son 
and heir bom to him in a kiln for drying com, in which the mother had 
taken refuge after the destruction of their house. At this time (1763) the 
estate was administered by his uncle, John MacPherson of the 78th foot, 
who was petitioning the Court for its restoration to his nephew. Old 
Cluny, after passing 9 years in hiding, escaped to France, and died at 
Dunkirk in the following year (1756) ** towards the end of July." 

Arbitration : Invercauld and Abergeldie, 

Like many other hill marches, the boundary line between Invercauld's 
property, recently acquired in Glencallater, and that of Mr. Gordon of 
Abergeldie, lying to the south-east of it, had never been very clearly 
defined in the original charters. It lay somewhere near the watershed 
between the valleys of the Muick and the Callater ; but as there were 
grazings for cattle and sheep in both glens, disputes between the herds- 
men were of frequent occurrence. The proprietors therefore very 
sensibly agreed to submit the matter of defining the boundary to Charles, 
Earl of Aboyne, a competent and painstaking mediator. The following 
is his Lordship's Decreet Arbitral, which seems to have been acquiesced 
in by both parties : — 

"Abergeldie Septr. 12th 1766. 
" Gentlemen, 

In consequence of your reference to me, whereby you 
impower me to fix and determine what in all time coming, shall be the 
March, and boundary between the Glens of Glenbeg, Glencallater, and 
forest of Bracock, all belonging to Invercauld, and the forest of White- 
month belonging to Abergeldie. Having viewed the ground in presence 
of you both, and considere<;i attentively what would be the most equal 
and unexceptionable, as well as the most convenient March, and Boundary 
for you both, I do hereby fix and determine it to be as follows. Viz. : — 
Beginning at the Sky of the Glack, or corry. Lying between muckle and 
little Caim Tagart at an equal distance from the said two Cairns, and 
where wind and weather shears between Glenbeg towards the north, and 
the Whitemonth and forest of Bracock, towards the south, and from the 
Sky or head of the said Glack, or corry, as above discribed, down the 
middle of the hollow, lying between the two Cairns of Muckle, and little 
Cairn Tagarts, as a small stripe or bum runs down the same, to the Inver 
of the said small stripe or bum into the bura of little Caimtagert, which 
runs down along the east side of the said Caim of little Cairnta^ert, and 



IJ^AMILY PAPERS: JAMES. 339 

from the joining of the said two bums down the united burn the whole 
way, till it emptys itself into the Loch of the Duloch. 

" It appears to me most probable, from the way the Grounds lie, as 
well as from .what I have always heard and understood, that it is Muckle 
Cairn Tagart that has been generally held and reputed to be the March 
and boundary between the Whitemonth on the one hand and the Glens 
of Glenbeg, Glencallater, and Bracock on the other, and it is therefore in 
full implement of that clause in the minutes of agreement between you. 
Gentlemen, which you left in my hands, wliereby it is agreed upon, that 
in order the better to connect together Invercauld's property of the above 
mentioned Glens, and to open a more free communication between them, 
more or less ground should be given to him at the west end of the 
Whitemonth, within what is generally reputed to be the March thereof, 
That I have now fixed the line of March above described, to be in all 
time coming, the boundary between you on that hand, but at the same 
time I declare it not to be my meaning that Invercauld should pay 
anything for that space of ground lying between the top of Muckle Caim- 
tagert and the line of march above described. 

" It was my intention to serve you both. Gentlemen, when I under- 
took to settle the above march between you. I shall be very happy if 
what I have done meets with both your approbation, all I shall say is, 
that it has been my study to determine between you with impartiality 
that I might approve myself to you both. 

Gentlemen, 

Your most obedient Humble 
Servant 

Aboyne." 

Glentatnich: Grazings. 
* The following letter, which seems to have been addressed to Inver- 
cauld's factor in Kirkmichael by Dalmounzie's at Cray (see pp. 328-9), 
relative to their respective rights of grazing in Glentatnich, is quoted 
principally to show how valuable hill pasture was then accounted in 
these remote glens, and what numbers of even low country cattle were 
sent to them for summer grazings : — 

" Dear Sir, 

I'm favoured with yours Relitive to Glentetnick; as to Dalmunzies 
selling the Cuthils I am certain he never will dispose of aney pairt of his 
esteat in this country for the reason I mentioned to you which I do not 
choise to communecat to write, I cannot be positive whether or not he 
would grant a long tack of the Cuthills, But think it would be of no 
great consequence to Invercauld if he did, as Dalmunzie's property on 
the north side of the glen goes as far as he could have on the south side 
by adversion which would be prepared for Invercauld as his dek would 



340 RECORDS OF INVERCAULD. 

be straight, I verrely believe by lying out a hundred and fifty pounds to 
Inclose betwixt the roks and feet of the Glen, Invercauld shair would 
fence and feed three hundred cattle which at a moderat competation 
would be a hundred and fifty pounds a year, The cause of knowledge I 
have of what it would feed of cattle [is] that frequently there was above 
seven hundred head of low country cattal grased in it besides vast 
numbers of sheep and horses, and ye may easily believe that the grass 
which thie eats would feed them sufisently. I'm certain Dalmunzie will 
willingly divid and buld the half of the march dek which will be an 
advantage to both and turn the glen to the proper use which it was not 
formerly. I'll hear joyn in Respectful Compliments to you. 

Dear Sir, 

3rour most obedient and 
humble sert Robertson. 
Cray 13th Octr. 

1767." 
As above noticed, and also in the Estate Papers, James of Invercauld 
had no little trouble in settling claims of pasturage and other servitudes 
on his recently acquired properties in Perthshire. 

The following correspondence is evidence of their vexatious nature 
and of the distressed condition of some of those he had to deal with : — - 

•• Dr. Sir, 

You are severall Letters in my Debt, and this adds to the 
Number which is occasioned by the Inclosed Anathema by Mr. Beverage 
in behalf of Mr. Mcintosh against which I hope you are in Condition to 
defend yourself '\^ithout any necessaty of being (Like Good Mr. 
Dempster) caught in the fashionable snare of Bribery and Corruption — 
you have inde^ the memoriall he speaks of some months in your hands; 
you will enable me to give your own answer allow me to Lay hold of 
the same occasion to wish you Lady St Clair and all your family a 
happy and prosperous New year with Every occurence which can add to 
your comfort 

" You will surely have heard of the D — of Athole and his family's 
safe arrival at London without Any further Loss than that of two horses 
on the road which Ribbons, politicks, and Xmas feasts will prevent his 
Grace from saying [taking] much to heart. 

*" My wife Joins in her humble Duty to Lady St Clair and I con- 
tinue with r^ard 

Dr. Sir, 
Yours most obedient Servant 
Jo: Mackenzie. 
Edinb.' ist Janry 1768 
snowing hard and already deep." 



FAMILY PAti^ERS: JAMES. 34t 

Lady St. Clair was, as above noticed, Amelia, daughter of Lord 
George Murray, and widow of Lord Sinclair and first wife of James 
Farquharson of Invercauld, who was himself the nephew of the first 
Duke of Athole above referred to. See Genealogy. 

Mr. Mackenzie's pleasant letter is sarcastic over the temper of 
Mcintosh (of Dalmounzie) and facetious over the Duke of Athole's 
Edinburgh law agent 

"Edh. 2ist July 1768. 

" Dear Sir, 

I propose, God willing, to be in Glenshee next week. I 
go first to Lithendye and I am really not sure what must be my road 
from thence. If I could manage it conveniently I would very willingly 
make you a visit at Kinloch, but on this I cannot depend, as I am pressed 
to make the best of the time I have. I therefore have troubled you with 
this to go by the Post from Perth wishing you would be so g(X)d as to 
let me have, if it would suit your conveniency, to give me a meeting in 
Glenshee, that we might with the assistance of common friends settle 
that matter about the shealings in Glentatnach. 

"I propose staying, if I get leave, two or three weeks in the 
Highlands, and I take up my quarters at John Murray's, but there will 
be no difficulty to accomadate you if you come, by the accounts I got of 
the house when I sent word to bespeak it ; and, as I can entertain you 
no where else in the country at present, I shall do the best I can to make 
a night or two's lodging agreeable to you there. I am desirous to have 
this thing adjusted, as 'tis hard to say when I may have another opper- 
tunaty ; and I have been much pressed about it by my people. I am 
sure you mean nothing but what is right, and it will be indeed a very 
strong reason that can keep me from any proposition I eiipect to come 
from you. But by what I have heard there is no difficulty in settling the 
matter in such a way as to satisfy both parties, and what is more to satisfy 
both our people. This I can say for myself, and I look for no other from 
you. Peace and good neighbourhood are my predominant desires; 
lawsuits and contentions I detest and with friends and relations I will 
have no difference that shall spring from me. However, I should think it 
very fit, if it can meet your conveniency, that we meet upon the spot, for 
I believe, when well informed, we will be the best referees ourselves. I 
shall never desire any man to do for me what I ought to do ; and most 
particularly the r^ard I have for my own professional character will 
always make me agree with the greatest readiness to whatever is just 
and reasonable. 

" If you will be so good as drop me a line to the care of Mr. Patrick 
Duncan, writer in Perth, it will be forwarded to me ; and if I find I am 



34^ RECORDS or iKVERCAULa 

to have the pleasure of seeing you in Glenshee I shall accomadate mysdf 
to your time, and endeavour to be so prepared before hand that you may 
have no unnecessary stay in the country. I ofler compliments to Lady 
Sinclair and the young family and with great truth and regard, I am 
affectionately, 

Dear Sir, 

Your most obedient 
humble servant 
R. Mackintosh. 
James Farquharson, Esq : 
of Invercauld." 

Mcintosh was a rather difficult character to deal with, and Mr. Far- 
quharson kept a scroll of his reply to the above, which was as follows : — 

Marlee, 26th July, 1768. 
"Sir, 

Last night I received your letter of 21st current The distress 
of my family is such at present that it is not in my power to fix a time 
for the meeting intended. At any rate, as you are to be in Glenshee 
however, I hope you will be so good as view the Glen attentively and 
examine their (the tenants') reasons for complaints. Sure I am that I 
never intended any, and that I am pretty much convinced you will be 
satisfied there is no cause for such. I hope to see you here as you return 
from the Highlands when we shall talk over the matter. In material 
business I have always found it best to have to deal with those who are 
capable, and one of your penetration will soon see to this trifling 
complaint 

I am etc" 

The adjustment of the claims of Mr. Farquharson of Invercauld as 
proprietor of a portion of Glentatnich, and as Superior of the whole of it, 
with those of Mcintosh of Dalmounzie, gave rise to a long correspon- 
dence between the principals and their agents, of which the following 
brings out several points of interest, both as rq;ards the rights of property 
and the social relation between neighbouring proprietors in the later half 
of the eighteenth century. 

Something of the nature of the complaints referred to in the Estate 
Papers may be gathered from the following characteristic document : — 

" May it pleas your Honour. 
" We, undersubscribers tenants in Glenshee, finding ourselves hurt by 
the method Glentatnick is posest, would propose that your honours rent 



FAMILY PAPERS: JAMES. 343 

of twenty pounds sterling would be placed in the following manner. 
That every man that pays on pound ten shillings sterling of the foresaid 
Rent should be Intitled to have an hundred sheep with ten horses and 
cattle on his fairm, and that the man, who has more than said number 
would pay to him that had it not, five shillings sterling for each score of 
sheep or turn them off the pasture, and the other (be) allowed to take them 
els where to make out his number. This method we hop your Honour 
will approve of, written and signed by us att Spittle this furth day of 
March 1776. 
Donald Lamond, 
Donald Fraser, 
John Mcintosh, 
CoUen McKenzie, 
John Mcintosh', 
Charles Mcintosh, 
John Lyon, 
Robert Ferguson." 

The following refers to several matters (affairs in Glenshee among 
others) which were giving some trouble about this time : — 

"James Farquharson, Esq. 
of invercauld, 

Marlee." 

"St Martins, 13th Oct: 
1776. 
« Dear Sir, 

I had intended to have been at Marlee at this day agreeable 
to promise, but finding my wife exceedingly uneasie about little James 
who is fairly in for the chin cough and, considering that any alarm might 
be hurtful, have put off my being with you untill you return from Marr, 
should that event take place, which probably will not now be the case as 
the snow seems to have now got hold of the hills. Meantime have sent 
you the two duplicates of the Kinaldie Lease* to be signed as I hope 
you'll find it agreeable to your direction — I also send a scroll of the 
Instrument of Indemption (sic) which I have conceived as (to) much 
better purpose, so I send it and am better pleased with the manner in 
which I have now ingrossed the Marches than that I made at Invercauld, 
as it is plainer — Consider it deliberatly and make your observations on 
the Margin, but it must be sent me soon back as the Principale must be 
extended, signed and served to the Register by the latter end of this 
Month — I also forget the names of the servants at Shenvall which can be 

I This WM a lease of the barony of Kinaldie, in Cromar, with the rights (under certain ooil- 
ditions) of proprietor over the tenants— /«f Sstaie Pdfers, 



344 RECX>RDS OF imTERCAULD. 

got from Donald Latnond att Spittall — I expect the Memoriall about the 
Servitude in 14 days — I have also ordered a search into the Register for 
the Decreet of Astriction of the Thirlage and hope soon to find it — 

^ I hope my not going up post now will be no disappointment as I 
shall certainly endeavour to spend two or three days with you before I go 
from here — 

"Write by return of the bearer when you expect to be again at 
Marlee, and I wish you would be still looking for Barron Reid's Bond — 
Mrs. McDonald jcMns me in best wishes and respectful compliments to 
Lady Sinclair and all at Marlee. 

I remain 

Dear Sir, 

Yours sincerely 

W. McDonald."' 

"Baron Court of Invercauld 
Relative to Cuthills. 
Held 14th Sept. 1781." 

" At Spittle of Glenshee the fourteenth day of September Seventeen 
Hundred and eighty one years. In a Baron Court of the Estate of 
Invercauld Held by James Farquharson, Esqr. of Invercauld lawfully 
fenced and affirmed, He appointed Edmond ffergusson of Baledmund to 
be his Baron Baily and John McGrigor in Tombey to be Baron Officer, 
and Charles flfarquharson at Cluny to be Clerk, who accepted and gave 
their oaths de fideli. 

" The said James Farquharson complains against Donald Lamond, 
Robert fTerg^sson, John Mcintosh, Donald ffei^sson and Alexander 
Mcintosh all tenents in Cuthills of Dalmunzie, That contrary to the 
nature of their servitude of pasture and shealing on Glentatnick, and Also 
contrary to an Express agreement made in August 1781, twixt them and 
Charles flfarquharson, Factor to the Complainer, they did last summer 
grass at least sixty sheep each, and ten head of black cattle each and ten 
horses each, belonging to other people, at least bestiale which they Winter 
on flfarms taken by them in the low country and bring to pasture on 
Glentatnick in summer Contrary to the nature of their Right of Servitude 
and express agreement above mentioned. And Produced Execution of 
Citation at his Instance agt the forenamed tenents to Compear this day 

I Mr. McDonald, laird of Rineton, was for long Invercauld's confidential friend and legal 
adviier. " St. Martins, 5 miles N.N.E. of Perth, is the seat of William Macdonald, Esq. (who 
succeeded his cousin in 1841), the only son of Gen. Farquharson, who held 22,600 acres in Perth- 
shire and 2800 in Forfarshire. The estate, originally called the Kirklands, was purchased by 
William Macdonald, W.S. of Rineton, the writer of the above letter (1732), a founder of the 
Highland and Agricultural Society and a promoter of many useful arts."— Onil Sm^^ Gmf, 



^-^^ 



FAMILY PAPERS: JAMES. 345 

at this place, and craved that they be ordained to confess or deny the 
above facts charged against them. 

Fa: Farquharson." 
" Charles Farquharson and Edmund Fergusson, Compeared Donald 
Lamond, Tenent in Cuthills who being sworn Depones that he send no 
Bestiale of any kind to graze on Glentatnick last summer other than were 
wintered on his possession of Cuthill the winter Proceeding, except 
twenty six ewes which he wintered in the low country, and likewise six 
hogs which he wintered in the low country, Depones that in June last he 
bought a score of young sheep in the south country which he grazed in 
Glentatnick last summer and proposes to winter on the Cuthills, and this 
is truth as he shall answer to God. 

" Charles Farquharsoa Donald Lamond. Edmund Fergusson B." 
" Robert Fergusson in Cuthills being sworn Depones that he sent no 
bestiale of any kind to graze on Glentatnick last summer, other than were 
wintered on his possession of Cuthills the winter preceeding, except 
twenty wedders and about ten ewes and a quey, and this is truth as he 
shall answer to God, Cannot write otherwise than by Initialles. R. F. 

Edmund Ferguson, B." 

" Donald Fergusson in Cuthills being sworn Depones that he sent 

no Bestial of any kind to graze on Glentatnick last summer other than 

were wintered on his possessions of Cuthills the winter preceeding. 

Except twenty five ewes, and this is truth as he shall answer to God. 

Donald Fergusson. 
Edmund Fergusson, B." 
" John Mcintosh in Cuthills being sworn Depones that he sent last 
winter to the low country four head of black cattle and four score sheep 
which he brought back to graze on Glentatnick last summer and this is 
truth as he shall answer to God. 

John Mcintosh, 
Edmund Fei^usson B. 
Charles Farquharson, elk." 
^ Alexander Mcintosh in Cuthill being sworn Depones that he sent 
twenty sheep to the low country last winter which he brought to graze on 
Glentatnick summer last, and that he bought last summer fourty wedders 
as an addition to his flock, which likewise pastured on said Glen and this 
is the truth as he shall answer to God. Alexr. Mcintosh, 

Edmund Fergusson B. 

Charles Farquharson, elk." 

^ Donald Mcintosh in Cuthill being sworn Depones that he lives in 

fiamily with his Brother John Mcintosh who is Tenant in Cuthills and 

that twenty three of the Deponents sheep were wintered on the Cuthill 

and Grazed on Glentatnick last sununer, also that he wintered forty 

XX 



346 RECORDS OF INVERCAULD. 

eight sheep of his own in the low country and pastured them in Glentat- 
nick summer last, and this is truth as he shall answer to God. 

Donald Mcintosh, 
Edmund Fergusson B. 
Charles Farquharson elk." 
" James McDougall in Cuthill being sworn depones that he lives in 
family with Donald Lamond his step ffather who is Tenent of Cuthill, and 
that he wintered thirty sheep of his own on the Cuthills and Grased them 
on Glentatnick last summer and this is truth as he shall answer to God. 

James McDougal, 
Edmund Fergusson B. 
Charles Farqrson elk." 

Invercauld had good reason to be somewhat suspicious of the 
professions of Mr. John Mcintosh. There is a very large parcel of l^al 
papers containing Decreets of poinding the ground of said Mcintosh, in 
consequence of defalcations on his part and other breaches of promises, 
which seem to have ended in a Decree of Judical Sale of Mcintosh's 
estates, the summons under which explains, to some extent, the state of 
matters, and is as follows : — 

"I messenger, by virtue of letters of publi- 
cation and intimation of the roup and sale of the lands, mills, feus, teinds, 
and others, which belong to John Macintosh junior merchant in London, 
dated the 30th July, and signet 27th of August 1782, whereof the above 
and nine preceding pages are a copy, raised at the instance of Simon 
Eraser merchant in London, and John Eraser writer to the signet, his 
factor, against the said John Macintosh, and his creditors, do hereby, in 
his Majesty's name and authority, make due and lawful publication and 
intimation, to all and sundry his Majesty's lieges, and others concerned. 
That the lands, and others mentioned in the said letters, which belong to 
the said John Macintosh are to be exposed to sale, by way of public roup, 
within the parliament or new session house of Edinbui^h, upon the i ith 
day of December next to come, betwixt the hours of four and six after- 
noon, before the Lord Ordinary on the bills for the time, or the immediate 
preceding or succeeding Ordinaries on the bills, or any one of them ; and 
that the same are to be sold and adjudged by the said Lords to the person 
or persons who shall offer most for the same, but not under the prices 
before mentioned set thereon by the said Lords : And I summon, warn, 
and charge all persons having, or pretending to have, interest; and 
particularly you." 

Another large parcel relating to the acquisition of these properties 
by the Invercauld family consists of DISPOSITIONS of the rights of 



FAMILY PAPERS: JAMES. 347 

pasturage in Glentatnick (Glenshee) from one proprietor to another, and 
finally of all to James Farquharson of Invercauld. 

1. Gilbert Robertson of Drumlochie to James Ramsey — 1725. 

2. Sasine on whole — 1725. 

3. Ramsey to McKenzie — 1725. 

4. McKenzie to Campbell — 1728. 

5. Campbell to Murray — 1751. 

6. Murray and others to Invercauld — 1752. 

Another parcel contains — 

" Division among The Creditors of Mr. Robert Mcintosh of Ashin- 
tully, Advocate At Martinmas 1780," 

"7th January 1782, 
24th January 1782 Lord Rennet Alt: Elphinstone. Alt: failling to 
compear. Allows all concerned to see the within scheme of Division and 
to give in objections thereto if they any have agt : next calling (signed) 

Robert Bruce." 

Lybelled Sums. James Farqrson of Invercauld, agt Donald 
Lamond and others 1782. 

" John Swinton, Esqr. of Swinton, Advocate Sheriff depute of Perthshire 
'* To Mairs conly. and seally. specially constitute greeting whereas 
it is humbly meant and showen to me by James Fei^rson (sic), Esqr. of 
Invercauld. That the said Complainer has an undoubted right and title 
to All and haill the lands of Glentatnick with the Forests and Grassings 
thereof, and is in possession of said Glentatnick by pasturing of Bestial of 
all kinds therein, and using all acts of property and possession of the 
same. That Donald Lamond, Robert Ferguson, John Mcintosh, Donald 
Ferguson, and Alexander Mcintosh All Tenents and possessors of the 
said lands of Cuthills of Dalmonzie and Donald Mcintosh there have of 
late been guilty of buying sheep Cattle and Horse from other people and 
from the low country ffarms which Bestial they did not maintain in the 
Winter and Spring time, to the said grassings of Glentatnick in the 
shealing and summer Months tho' they had no right to do so. And last 
year the said Donald Lamond did during the shealing and Summer 
Months one thousand seven hundred and eighty one graze on said 
Glentatnick twenty six ewes and six hc^s which he Wintered in the Low 
Country the winter before, and a score of young sheep which he bought 
in the South Country, That the said Robert Ferguson grazed on said 
Glen twenty wedders, ten ewes and a quey during the said space, That 
the said Donald Ferguson grazed during the said period in said Glen 
twenty five Ewes, which had not been Wintered on his possession of 



348 RECORDS OF INVERCAULD. 

Cuthill, The said John Mcintosh grazed on said Glen in said Months four 
Black cattle and four score of sheep which had been wintered in the lowr 
Country the winter before. That the said Alexander Mcintosh grazed 
in said Glen during the said months twenty sheep which had been 
wintered in the Low Country the Winter before and therefor the said 
Donald Lamond ought and should be decerned and ordained by decreet 
of me or my substitute to make payment and satisfaction to the said 
Complainer of the sum of one pound twelve shillings sterling as the grass 
meat of the said therty two sheep pastured by him on the said grazings 
and Glen of Glentetnick in June, July and August last, the said Robert 
Ferguson ought and should be decerned and ordained by decreet foresaid 
to pay to the said Complainer one pound ten shillings sterling as the 
grass meat of the said twenty wedders, ten ewes, and a Quey grazed by 
him on said grazings during the foresaid space, and three shilling sterling 
as the grass meat of the said Quey for the said periods, the said Donald 
Ferguson ought to be decerned by decreet foresaid to pay to the said 
Complainer one pound five shillings sterling as the grass meat of the said 
twenty five ewes pastured by him on said grazing for the foresaid space, 
the said John Mcintosh ought to be decerned by decreet foresaid to pay 
to the said Complainer four pounds sterling as the grass meat of the said 
eighty sheep, and twelve shillings sterling as the grass meat of the said 
Black cattle grazed by him on said grazings during the said space, and 
the said Donald Mcintosh ought to be decerned by decreet foresaid to 
pay the said Complainer two pounds eight shillings sterling as the grass 
meat of the said fourty eight sheep grazed by him on the said Complainers 
grazings of Glentetnick during the said Months of June, July and August 
last, and each of the said defenders ought to be discharged and Inhibited 
from pasturing any more of their bestial upon the said pasture during the 
Months of June, July and August except what Bestial can be foddered 
and Wintered on each of their possessions in the Winter time, in time 
.Coming, And for preventing disputes and the like encroachments in time 
coming it ought and should be found and declared that each of the said 
three possessions of easter, wester and middle Cuthills can only fodder 
and winter yearly four work horses which each of these possessions keep 
for labouring their ground, two followers (foals), twelve head of Black 
Cattle young and old, and one hundred and twenty sheep upon each of 
the said three possessions of Cuthill and it also ought to be found and 
declared by decreet foresaid that each of the said three possessions of 
easter, wester, and middle Cuthills are intitled to pasture the said four 
horses, two followers, twelve Black Cattle, young and old, and one 
hundred and twenty sheep upon the south side of the foresaid Glen of 
Glentatnick, and no more during the said months of June, July and 
August Allenarly and at no other time yearly in time coming, and each 
of the said defenders ought and should be decerned and ordained to pay 



FAMILY PAPERS: JAMES. 349 

to the said Complainer ten pounds sterling in name of damages and 
expences of plea attour the expence of extracting the decreet to follow 
hereupon after the form and tenor of the laws and daily practise of 
Scotland used and observed in the like cases in all points as is alledged, 
Therefor it is my will and I charge you that on sight hereof and in his 
Majesties name and authority and mine lawfully summon the said 
defenders personately or at their dwelling places on six days warning to 
compear before me or my Substitute in a Sheriff Court to be holden by 
either of us within the Tolbooth of Perth the . . . day of . . . 
in the houre of cause to Answer at the instance of the said pursuer in the 
matter before lybelled with certification and According to Justice as ye 
will answer to me Thereupon the which to do Tesmitt to you and each 
of you full power by this my receipt subscribed by my Clerk of Court at 
Perth the twenty first day of May one thousand seven hundred and 
eighty two years. James Murray, elk. 

" Form of Summons. 
" Upon the twenty third day of May seventeen hundred and eighty 
two years at command of the Sheriff of Perthshire and his &c. passed at the 
instance of the within designed James Ferguson (sic), Esqr. of Invercauld 
and by virtue thereof etc, summoned and in name and authority of the 
foresaid justices the underwritten designed Donald Lamond, Robert 
Ferguson, John Mcintosh, Donald Ferguson, Alexr. Mcintosh, Donald 
Mcintosh to compear in a sheriff court to be held within the Tolbooth of 
Perth the fifth day of June next to come in the turn of cases to answer 
at the Instance of the said persuer, or to show cause why they should be 
absolved. Delivered this said day by me, 

John Jameson." 

Defences for Donald Lamond and others Tenants of the 
Towns of Cuthills on the Estate of Dalmonzie, In causa 
James Farquharson, Esqr. of Invercauld." 

"The Defenders are intire strangers to the pursuers right to the 
Glen lybelled, and therefore, before procedure in the Cause, he ought to 
produce his title to persue, and the Defenders be allowed to see the same. 

" The Towns and Lands of Cuthills occupied by the Defenders are 
part of the Estate of Dalmonzie, the property of John Mcintosh of 
Dalmonzie, merchant in London, at present under sequestration of the 
Court of Sessioa The Defenders are unacquainted with Mr. Mclntoshes 
titles to these lands, but they have been informed, that he has right to 
these Lands, and all the parts thereof commonty and the privilidge of 
grassings, shealings and fewal belonging thereto, on the Glen of Glentat- 
nick lybelled, and all and sundry, parts, pendicles and pertinents 
belonging to the said Lands of Cudiill, conform to use and wont ; and 



350 RECORDS OF INVERCAULD. 

accordingly the defenders and their predecessors, tenants and possessor 
of the said lands of Cuthills, have been in the constant, peaceable and 
unintenipted possession of these Lands, and exersising all acts of 
property thereon, and in the said Glen at all seasons, when the weather 
would permit, by pasturing their whole beastial in the said Glen, building 
and keeping shealings, and casting peats turf, fewal, and pulling heather 
for the use of their fomilies therein, for these seven years past at least, 
nay even for forty years or upwards, and as they have not access to know 
or see the proprietors rights, and this process appearing plainly to be an 
attempt, to alter and divert the former mode of possession, and to narrow 
and simile the same, the Defenders plead, that the pursuer ought to call 
the proprietor to the Lands, or his Creditors, to produce their title deeds, 
and to be heard upon and dispute their rights to the Lands and Glen, 
and be sisted as parties to the action, more especiallie as the (factor 
named by the Lords (for reasons best known to himself) has Declined to 
have any hand or concern in the matter, or give them any assistance 
therein, tho' he is the only person at present that has the oversight of the 
Estate, so that the Defenders are in tiie greatest Dilema how to behave, 
or defend themselves in an action carried on against them by such a 
powerful man as the pursuer. 

"The Defender Donald Lambnd possesses the easter Town of 
Cuthills and keeps one plough and four horses for it, and two horses for 
his harrows, but before his entry this Town was possessed of two Tenants, 
who had two ploughs upon it and eight horses. 

'* The midle Town of Cuthill is possessed by Alexander Mcintosh 
and Donald Ferguson equally, who have two ploughs and eight horses 
thereon and 

"The Wester Town is occupied by John Mcintosh and Robert 
Ferguson equally, who keep two ploughs and eight horses. 

" And all the Defenders and their predecessors have been in the 
constant practice of keeping and pasturing the foresaid horses, and all 
the Cattle, sheep and other Bestial belonging to them, and having their 
shealings in the said Glen yearly, without oppositioa They put out 
their bestial to the Glen, as early as the grass is grown up, and the 
season will allow, sometimes in March, sometimes in April and May, and 
they remain there all the summer season, and in harvest, and till the frost 
sets in, or the snow falls on the Ground, and if they were not hindered 
by the season they apprehend they might keep them there the whole 
year round, and they have done so with Sieir wild horses, when they had 
them and they know no reason either for restraining them from the 
pasture during the whole year, or for limiting or restricting them to any 
particular number of Bestial, or bringing them under any restraint what 
so-ever than according to use and wont 



FAMILY PAPERS: JAMES. 351 

"The defenders take in no grass bestial into the Glen, only if at any 
time they are obliged to send any of their Bestial abroad in winter, it is 
from necessity and not choise, When their fodder is like to fall scarce 
and because of the rigour and severity of the season. But this can have 
no effect to weaken their right to pasturage in the Glen the whole year 
and for this they refer to a Decision of the Court of Session, 4th Jany. 
1760. 

" Several of the pursuers tenants in the neighbourhood of the Glen 
have shealings therein, and pasture their bestial promiscuously with the 
defenders, and for severall years past his tenants of Tomb and Cams, 
have broi^ht thir cattle to the Glen, and errected sheallings for them 
therin tho' they were not in use to come there formerly, or to have sheal- 
ings — And the Prosuer for this last year, 1781, has introduced his 
tenants of the lands of Cronicherie, Gormal, Lagnagrain, Craigderrig 
and Clacheman, which he lately purchased, into die Glen, where they 
had no right or priviledge formerly and allows them to pasture therein, 
whereby the Glen is overloaded, and the defenders pasture right and 
priviledge is much restrained and encroached upon to their great hurt 

** Upon the whole it is hoped that your Lordship upon considering 
what is above set furth will find that there is no foundation for the 
present process, and that you will dismiss the same and acquitt the 
Defenders Donald Lamond, Alexr. and John Mcintosh, Donald and 
Robert Fergusons therefrom, With costs and that you will Inhibite and 
Dischai^e the pursuer from allowing his Tenants of Tomb and Cams, 
and also his Tenants of the other five Towns above mentioned lately 
purchased by him to pasture their Bestial in the said Glen, whereby the 
Defenders right, priviledge and servitude may be lessned, straitned or 
incroached upon. 

"* As to the Defender Donald Mcintosh the case is that his father 
died a few years ago and he has continued with his brother John in the 
Wester Town of Cuthills. 

" He had some sheep which he grassed with the pursuers tenants for 
different years, and paid therein the grass meat, at the rate of 3d. each. 
He happened to be in a fever and distressed in spring L781. and had not 
access to speak to the Tenants to take them into the grass that season 
till it was too late. And they said they could not take them in, as their 
Quata was filled up, however he sent his sheep being forty eight in 
number to the Glen tiiat year, where they were grassed, but not by any 
authority from the other defrs. and he is willing to pay the grass meat of 
them, at the above rate to the pursuer or his tenants and offered to do 
so accordingly, but it was refused. 

In respect whereof, &c., 
Perth nth June, 

1782." 



35^ RBCORDS OF INVERCAULD. 

The matter however did not end so soon, but continued more or less 
to strain the relations of the interested parties, as appears from the 
following letter : — 

" Dear Sir, 

I am desired by Miss Farquharson to acquaint you that Mrs. 
Farquharson of Persie died yesterday morning at 8 o'clock. 

•* I think you should write Jon. Rutherford, your Doer at Perth, to 
raise an action before the Sheriflf against the tenants of CuthiUs without 
loss of time — more especially as Mr. John Fraser, common Agent in the 
sale of Dalmounzie, is of opinion that these tenants exceeded their 
privledges of Shealing on your Glentatich. If Mr. Rutherford will give 
me notice I shall Direct an Officer to sight (cite) the tenants, and at the 
same time, shall explain to him your Intention, by taking D ecre e t 
against them, to prevent former undue encroachments being laid hold of 
by any after purchaser to hurt your property ; and that therefore a small 
sum by way of penalty is to be claimed, which is to be exacted and levied. 

I am with true esteem, 
Dr. Sir, 
Your most obednt humle. Servt 
Edmund Fergusson. 
Persie, 

1 2th March 
1782. 

* To James Farquharson, Esquire 

of Invercauld 
At LcitfL'* 

The lordship over a property then carried with it many privileges 
besides the receipt of the feu duties. It was asserted by the Superior 
that he had a right to the game and the natural grown timber, and also 
the fishings on his vassal's property, unless these were specially disposed 
of in the original charter granted by him or his predecessors. We have 
seen somewhat of the trouble this daim gave rise to between Invercauld, 
the Superior, and his vassal, Mcintosh, in regard to the Glentatnich 
grazings. 

Patronage of Parish of Logie Coldstone. 
Although the patronage mainly followed the possession of the teinds 
belonging to the church, it was also, to some extent, mixed up with the 
teind-bearing lands within the parish. 



FAMILY PAPERS: JAME& 353 

The followii^ correspondence, besides throwing some light on the 
character of the parties to it, affords a curious illustration of the grounds 
on which the rivals founded their claims to the patronage of the church 
and parish of Lc^ie-Coldstone. 

*• Copy Letter : Lord Aboyne to Mr. Thom, advocate in Aberdeen." 

" Aboyne Castle, 28th April 1778. 
Sir, 

You may be assured your having communicated to me by your 
letter of 24th Instant, which I had the pleasure of receiving on Sunday 
last, a paragraph of a letter from Mr. Farquharson of Invercauld to you, 
shall neither be misunderstood nor misconstructed, that would be but a 
bad return for what I consider as an act of Friendship both to him and 
me, which on the conterary deserves our thanks, and I pray you to accept 
of mine. I freely acquit Invercauld of any imputation of failure to me in 
point of civility and good manners, since he says he did answer niy letter, 
I know him to be a man of strict veracity, and therefore do not entertain 
the smallest doubt of the truth of what he asserts, but at the same time I 
must observe I think he was by much too dilatory in giving me this same 
answer; for where the indelicacy could be of doing it in Mr. Mclhnes's 
lifetime, or why it should have been less necessary then than after his 
death are points too fine spun for my dull comprehension to easily take 
up, he might, I think, have wrote me an answer at that time, said a 
thousand civil and obliging things both to Lord Aberdeen and me and 
expressed at sametime, the utmost tenderness and delicacy towards the 
honest good old man, whose feelings, perhaps easily hurt in his weak and 
languishing situation, it would seem he was afraid of shocking by taking 
any step towards the appointment of his successor ; had Invercauld given 
this single reason alone for not coming under any engagement, if he did 
not choose to come under any ; It would have of itself been a sufficient 
and civil appology. It is very astonishing and unaccountable to me, for 
what reason Loid Aberdeen did not send or deliver Invercauld's letter to 
me, or ever mention to me his having received it, Tho' I know he did 
acknowledge his having received the one in which Invercauld says mine 
was inclosed ; why he made Invercauld no answer to it I think is not 
easy to conceive, he may very possibly not have considered it, after such 
a lapse of time as an answer to the letter I wrote Invercauld in his name 
and my own, but as a distinct^ application to him for his concurrence, a 
respectable (sic) concurrence of Heritors becoming then a very desirable 
circumstance to him in the settlement of his presentee, as the Royal 
presentation was by that time issued in favour of another person, and, as 
in that view of the matter, it may have appeared to give (the view) that 
Invercauld had taken no proper notice of his joint application and mine 
VY 



354 RECORDS OF INVERCAULa 

to him in favour of Mr. Farquharson ; but be in that what will, since 
Invercauld says he meant no slight or incivility by not answering 
immediately my letter, I am perfectly satisfied he was guilty of none, the 
intention in such matters is all in all, and where no such thing is intended, 
no such thing can, I think, fairly be supposed to exist That my intention 
in writing that letter was neighbourly and Friendly is, I think, beyond all 
doubt certain ; I wished to serve my Friend, Mr. Gordon, but at the same 
time I also wished to shun, if possible, having any question or dispute 
with Invercauld, and therefore to reconcile these two views, I was willing 
to strengthen his title to the Patronage at the expense of my own, which 
I fairly and honestly confess I looked upon at that time to be a veiy 
exceptionable one being perfectly ignorant in what it was founded, and 
supposing it to have no better foundation than a bare insertion, by some 
means or other, into my charter. I have since found, on a proper and 
more accurate investigation of that matter, that my title to the Patronage 
is better founded than I imagined ; how far it may be preferable to 
Invercauld's The Court of Session will determine; but why such a 
question at Law happening to arise between us should make any breach 
or create any coolness in our behaviour or intercourse with each other is 
what no good reason can, I think, be assigned for. I profess on my part 
my desire to live in the same neighbourly and friendly footing with him 
I have always done, and any change in it to a cooler or more distant one 
shall not, I declare, begin on my side. I have already taken up much of 
your time I therefore shall hasten to add, less by way of commonplace 
conclusions, than in conformity to truth and matter of fact, that I am 
with real esteem, 

Sir, your most obdt humle Servt 
(Signed) Aboyne. 
" P.S. May I ask the favour of you that when you communicate 
Invercauld's answer on this subject, you may also, in order at same time 
to do me justice, also communicate mine, contained in this letter. I 
conceive you may do it very consistantly with your duty to him as your 
client otherways I would by no means ask it" 

The circumstances of the case were briefly these : At the passing 
of the " Patronage Act," 171 1, the minister of the united parishes of Lx>gie 
and Coldstone was Mr. Thomas Alexander, at whose death in 171 5 it 
fell to the patron to present a suitable person to the charge ; but as there 
were three claimants for the right of patronage, namely, the Crown, the 
Earl of Aboyne, and Mr. Farquharson of Invercauld, the presentation 
was delayed till it fell to the VrGshyXitry^jure devoluto, to make it They 
appointed the Rev. John Shepherd, translated from Midmar. The claims 
of the rivals for the patronage were thus for the time left in abeyance 



FAMILY PAPERS : JAME& 355 

At Mr. Shepherd's death in March, 1748, the Crown presented (19th 
October following) the Rev. John Mclnnes, translated from Crathie, who 
"died, Father of the Church, 21st October 1777." In his old age a 
movement was set on foot by the Earls of Aboyne and Aberdeen, who 
were considerable proprietors in the parish, to have an assistant and 
successor appointed to him. They wished to get the concurrence of 
Invercauld, who was the laif^est heritor, to this scheme, which gave rise 
to the foregoing letter and the correspondence to which it refers. The 
Earl of Aboyne's object was to obtain the appointment for the Rev. 
Thomas Gordon, who was then colleague and successor to the Rev. 
William Fors)^, minister of Aboyne. At first the Earl, as he states in 
his letter, did not lay claim to the patronage, which Mr. Farquharson all 
along had done, and, on the death of Mr. Mclnnes, presented (13th 
December, 1777) the Rev. Robert Farquharson, translated from Kirk- 
michaely to the living of Lc^e-Coldstone. On this the Earl of Abo3me 
urged his claim to the right of patronage, and appealed to the Court of 
Session. This arrested the induction of the presentee for a time, and 
gave rise to pleadings (information as it was then called) before the Lords 
of Session. Many pleas were brought forward, among others the 
possession of teinds, the superiority and extent of the lands owned by 
th^several litigants, and the amount of their rentals. The following note 
and memorandum have reference to these pleas. 

At length the Court of Session decided that the patronage of the 
united parishes alternated between the Crown, as the successor to the 
forfeited rights of the Earl of Mar over the parish of Logie, and Inver- 
cauld as the Superior and proprietor of the greater part of the teinds of 
the parish of Coldstone, as well as on other grounds ; and as the Crown 
had made the last presentation, that of Invercauld to Mr. Farquharson 
was sustained, and he was inducted, 3rd November, 1779, nearly two 
years after it was issued. 

"Note in the Coalston Proces&" 
" As to the extent and boundarys of the country called Cromarr, 
Invercauld after being at a good deal of trouble to assertain them and, 
finding that the accounts he has received not only differ very widely from 
one another but also from his own opinion, he therefore declines giving 
any account which seems so difficult to be assertained, particularly as he 
does not think this matter of any great consequence in the present cause. 



356 RECORDS OF INVERCAULD. 

" As to the vacant stipend of Colston, how it was disposed of, Inver- 
cauld has as yet got no notice, but as he understands that Mr. Mclnnes 
was settled soon after the vacancy he believes it was of little consequence, 
and is likewise inclined to think this appointment of no great importance. 
And, on the whole, sees so little in the condescendance given in for Lord 
Aboyne and Mr. Gordon that he hopes the cause will soon receive a 
favorable decision." 

"Memorandum in regard to the Process of the Patronage 

of coldstone." 

" Invercauld was superior of the Grodies till lately when Lord 
Aboyne got the superiority in excambion for a part of his Lands and 

superiority in Glenmuick in the year . But Lord Aboyne pays 

tiend duties for Grodies to Invercauld as titular of the tyths ;^3 : i : i^, 
and for Black Miln ;£2 : 15 : 6^, and for Water of Ern : i6sh :, and for 
Tullich : iish >^, in all ;f 7 : 4 : S>^. 

" Tho' Lord Aboyne claims by his Charter being not only Patron of 
the Parishes mentioned there, but also to be Titular of All the Teinds in 
said Parshes he always pays Invercauld as taxman of Tyths 'from the 
University of Old Aberdeen £6 : 19 : 9>i of Great Tiend Duty for his 
Lands in Glenmuich and Glengarden Parishes, and ;^I4 : 5 : 4^x9 for 
small Tiends in these Lands as fixed by a process of Valuation with the 
University of Old Aberdeen raised about ten years ago at Lord Aboyne's 
instance, before he acquired the Patronage of Glenmuick and Glengarden 
from King's College; this is beside all the properties not in these 
Parishes paying great and small Tythe to Invercauld as Taxman of same 
as above." 

Lordship of Blaichlie. 

Another matter that gave Invercauld some trouble about this time 
(1780), was in respect of the validity of his title to some lands in Glen- 
muick, which his father, John Farquharson, had bought as early as 1712 
— See Estate Papers^ Art Braichiey. It would appear that when these 
properties were purchased by Invercauld, the Earl of Aboyne considered 
himself to be the Lord Superior of them, and, as such, granted in legal 
form the deeds necessary for the conveyance of them to the purchaser, 
who was henceforth to hold them of the Crown. The Duke of Gordon 
now claimed the superiority of the lands, and disputed the right of the 
Earl of Aboyne to grant any such title. The following correspondence 
was the consequence : — 

"D. Sr. 

I have received your letter and although the information 
about Corrywrack may have differed, yet I doubt not but all that hapned 



FAMILY PAPERS: JAMES. 357 

on that ocasion may be accomodate to all parties' satisfaction without 
Law Suits ; I hope His Grace the Duke of Gordon will be at Aboyne in 
May nixt, and I am willing all differences to you and any other of my 
neighbours may be then adjusted. You may be sure Til design'dly 
invade no man's right, but will endeavour to observe such a just corres- 
pondance as still ought to be betwixt me and my neighbours, and Til 
expect the same from them, which will contribute to their interest and 
that of 

Sr. 

your most humble Servant 
Edn. Feb. 2Sth 1719 Aboyne. 

I ofer my humble serv'ce 
to your Lady." 

"Aboyne, 29th May, 1721. 
"Sir, 

I have in compliance with your desire perused and deliberately 
considered your orignorall feu contract betwixt the Earl of Huntly and 
Gordon of Braickly and am so far from finding in yt contract any ground 
to alter my former resolutione of continuing my possession of ye Land 
called ye Kim that It still further confirms me in the oppinion yt IV the 
only undoubted property of these Lands and yt you have as now no 
pretence of ryt or Title to ym. I am sure yre is not Least mention of 
the Kirn in all yt feu Contract nor anything that can import its being 
intended to be conveyed to Gordon of Brachlie, your Author, you seem 
indeed to insinuate yt it's a pairt of the Sheeling called hospitall or 
Spittall Haugh (to which however I likewise think I've some Ryt as I 
shall afterwards observe) but it would appear reilly strange if under ye 
denomination of so small a piece of ground as sd Spittle Hai^h there 
should have been conveyed such a Large tract of ground as the Kim 
without any special mention of It on ye contrary I look upon my 
predecessors constant possession of these lands to be ane undoubted 
evidence that they were not part of the Spittall Haugh, but belonged 
altemately to them and I must therefor be forgiven to maintain my 
possession of these Lands until ye Contrary is made appear by better 
vouchers and evidences yn any I've hither to seen. And this, Sir, leads 
me to another part of your letter concerning my selling the Spittle itself, 
qch you seem to think by right means justifyable. I very much diss- 
regard (the) low and mean Insinuation you make of the occasion of My 
ffathers setting these lands, since he did nothing but what his Right 
suflficiently warranted him to do ; and yt if quarrel'd I doubt not 
aboundantly to justifye. You own and Rightly yt you have no more, 
but a servitude on Linsdmm or Lyndmm and if you look into the above 
named Contract you'll find you have no more in all the Forest of Braca 



358 RBCORDS OF INVERCAULD. 

qr of the Spittall Haugh is a part than if your Servitude is preserved 
intirely to you in Reserving so much as will serve your own cattle. I 
hope yre will be little disputted yt my ffayer cou'd warrantably dispose 
of the lands as he thought meet and yt I could doe the same providing 
I doe not prejudyce your servitude qch is certainly abundantly consistant 
with the Selling of Spittle in Tack; This is what my ffather judged to 
be his ryt and possessed it as such. I cannot help being of the same 
oppinion and yrfor am persuaded you would yourself blame me if I 
should voluntarily depart from it unless it is determined against me in 
Law. I doe at the same time Heartly ag^ree that these disputes be 
removed in a friendly manner ; and for that purpose I shall go into any 
reasonable measure you will propose, but you cannot expect yt as a 
preliminary I shall before any determination in the matter Family up a 
right qch I not only possess now myself but has for many years been 
peaceable possessed l^ my predecessors but I must in the meantime till 
ye point of Rights is determined continue my possession in the same 
manner as formerly. 

• I am 
Sir 

Your Humble Servant 
Aboyne." 
"P.S. 

As to ye lands of Corrievrach I will certainly keep my promise of 
not proceeding any further in that matter till my Majority, dio : at the 
same time I am so far from being convinced by what you spoke to me on 
that subject that I had been formerly imposed upon in it That I am mor 
and mor persuaded of the quite contrary. I'm sure there is not ye least 
mention of it in the contract no more than there is of the Kim. 

'* I had almost forgote to observe ane other provision in the contract 
yt the sheallings should not be removed higher up the forrest than they 
were at ye date of the contract; you know how well yt has been observed 
and what damage the not observence of it has done of the fforest and 
therfore I must expect you'll take care to have the abuse remided." 

The writer of these letters was John, third Earl of Abo)me, in whose 
house the scheme of the insurrection of 171 5 was concocted; and the 
recipient was John Farquharson of Invercauld, who as we have seen 
(p. 298), was somewhat unceremoniously excluded from the meeting of 
the leaders held there. The relations between them, not very cordial 
before, had become more strained after that event Invercauld blamed 
Aboyne, whether justly or not, for having instigated the harsh measures 
which the Earl of Mar adopted to force him into the rebellion. Earl 
John died in 1732, leaving his estates and honours to his son, Charles, 



FAMILY PAPERS: JAMES 359 

a boy of six years of age, under the tutorship of his uncle, the Earl of 
Strathmore. John of Invercauld survived till 1750. The relations 
between their sons, Earl Charles and James Farquharson, were of the 
roost amicable character throughout the whole of their long tenure of 
their respective estates. 

The letters are inserted here as showing the grounds on which the 
Duke of Gordon founded his claim to the superiority over Aboyne's 
lands in Glenmuick, and, by consequence, over such of them as Inver- 
cauld had recently acquired. 



"Eding. 29thNovr. 
" Dear Sir 

I had the pleasure of yours yesterday by Monaltre and 
Bruzie and sealing up your letter called this morning upon the Peer of 
Aboyne, found him alone, and on opening of it he read the contents over 
aloud to me. He first expressed his surprise at the demand, saying that 
he imagined you was long ago satisfied he had done everything in his 
power to comply with your request — That he had made every reasonable 
proposition to the Dukes of Gordon tho' to no purpose. I only mentioned 
to his Lordship in general that it was clearly part of the bai^ain that you 
was to hold these Lands of the Crown and that as your demand was 
certainly reasonable and explicite it was a good handle for him now to 
press the Duke to a determined answer as from the tenor of the letter 
you seem resolved to put off no longer — He said nothing in reply but 
that he would write you and make a fresh application to the Duke and 
there our conversation ended as some people came in upon us — I judged 
it right to let you know in course what passed at our conferrence and have 
only time to add that I ever am 

Dear Sir 

Yours obediently 

W. McDonald." 

This letter, undated as to the year, must have been written about 
1780, since it was about that time that Mr. McDonald, W.S., began to 
conduct Invercauld's legal business in Edinburgh. 

Monaltrie was the "* Baron Ban " of the '45 ; and Bruxie was his 
nephew and successor, Wm. Farquharson. 

••Perth 24th November 1786. 
•• Dr. Sir 

Herewith I send you a letter to Lord Aboyne relating to the 



350 RECORDS OF INVERCAULD. 

business I mentioned when I seed you last, I have left it open for your 
perusal ; you may think it proper to take a copy of it Put a drop of 
wax under my seal before you deliver it to his Lop, and desire his answer 
which you will forward to me. From circumstances this matter has been 
too long delayed, so that now their is no time to lose, pray write me what 
passes on your delivery of the letter, for his Lop will readily then impart 
his mind to you. 

I always am 

Dr. Sir, Your most humble servant 
Mr. William McDonald, Writer to the Signef 



"Perth 1 8th Deer. 1786. 
" Dear Sir, 

I received both your letters of the 23rd and 29th Decer. On 
reading Stormount's petition and your answers, nothing occuied or you 
should have had notice from me sooner, as far as I can judge from the 
small knowledge I have of particulars your answers are full and distinct, 
and I hope will get us all rid of a troublesome man. 

" I find by the Earl's answer to my letter that I must be involved in 
a process with him. I intend writing his Lop again but as our corres- 
pondence may be presented in the process I shall delay until I see 
Monaltrie who was present at all that transaction and may be of service 
in recolecting circumstances — I always am, 

Dr Sir, 
Your most humble servant 

Wm. McDonald." 



" Perth 6th January 1787 
" Dear Sir, 

I received yours by Bruxie containing Mr. Robertson's 
demand for £$0 and interest in ballance of our bargain as to the 
Servitude &c. Which please advance for me and procure my obligation 
which will serve as a voucher at our first clearance, herewith I send you 
a copy of Ld. Aboyne's letter to me and my answer to his Lordship 
which I have left open that you may take a copy of it It is still 
necessary that you take the trouble of delivering my letter to his Lop. 
and remarking his observations on the contents which will ruffle him. I 
fancy probably there is an end to our correspondence on the subject 
Enclosed you have the castle Discharge signed Galwaysam." 



FAMILY PAPERS: JAMES. 361 

" Aboyne Castle, ist September 1787. 
« Dear Sir, 

Our friend, Abeif^eldie, who is -now here with me, informs 
me that you are disposed to submit to the determination of one Arbitor 
to be chosen by ourselves, the point about which we differ, concerning 
the Superiority of your Lands in Glenmuick, and the fulfilling the bargain 
and iscambian we made many years ago, of the Lands of Achoylle &c 
I am very glad to hear that you are so disposed, and can assure you that 
I am equally so, to hear this, and every other question that may arise 
between us settled in that amicable way. We have lived in good and 
friendly terms all our days, and I should be very sorry that in the eve of 
life, we should go to loggerheads at the law, about a trifling matter at 
best, and each of us throw away a great deal more money than the 
object in dispute is worth. 

'' I shall be glad to hear from you on this subject, and to know when 
and where you would propose we should meet to settle particulars, and 
to pitch upon our arbiter. With real regard 
I am 

Dear Sir 

Your most obdt Humble Servt. 
Hallybn. Aboyne." 

The following letter, addressed to 

"James Farquharson, Esq: of Invercauld, 
by Marlee, 

Couper," 

relates to a lawsuit that was then pending between the writer, who was 
proprietor of Rineton, in Glengairn, and some possessions on Deeside, 
and his neighbour, Fleming of Auchintoul, regarding Marches and other 
matters. Mr. McDonald had been relying on certain charters granted 
him by his chief, the Lord of the Isles, which explains his reasons for 
waiting on him in Edinburgh. But the principal interest centres in the 
reference he makes to the plundering of the Western Isles by the 
notorious privateer, Paul Jones, whose history has been so often written 
that only his exploits on the west coast of Scotland need be here 
referred to. 

Getting himself invested by the American Commissioners, with 

whom we were then at war, with discretionary powers to cruise wherever 

he pleased, Jones sailed, April 10, 1778, for the coast of Britain, and with 

a single ship, the '* Ranger," he kept the whole coast of Scotland for 

7Z 



362 RECORDS OF INVERCAULD. 

some time in a state of the utmost alarm. He afterwards obtained from 
the French Government some additional ships, with which he threatened 
the invasion of Scotland. It is probable that it was to this occasion that 
Mr. McDonald refers in his letter. It is not clear why Jones should have 
gone to the Western Isles with his little squadron unless for the purpose 
of provisioning his vessels with Highland cattle, or in the hope of raising 
a diversion in favour of the French among the Jacobite clans in that 
quarter. 

Mr. McDonald's letter is as follows : — 

*• St Martins, 
22nd Septer. 1779. 
"Dear Sir, 

I came over here Sunday last with Mrs. McDonald and the 
little boy and am very anxious to have him carried to my Aunt's, Nellie 
Meams, for continuing the sea bathing, but cannot move till I hear if my 
daughter has returned from Deeside as I bring her home. I am still in 
great uncertainty as to my motions ; for Clanranald has not returned as 
yet to Edinburgh, and how soon he arrives I must go there as he goes 
immediately Abroad — By last accounts he could not leave his own house 
in the Western Isles as two Privateers were for ten days hovering round 
and taking every ship and Boat that appeared, and landed some men 
who plundered severall of the Tenants — It's hard that these remote places 
are totally disarmed and can have no protection from Government — 
Forgive the trouble of the enclosed and believe me ever 

Sincerely yours 

W. McDonald" 



James Farquharson of Invercauld, "The Old Laird," as he 
was affectionately called by his numerous tenantry, was a man of a quiet 
and generous disposition and a great benefactor of his clan. He it was 
who introduced into the district most of the improvements in agriculture 
and other industries which marked the close of the century. Held in 
universal esteem by his own class in society, he was much consulted by 
his neighbours in the management of their estates, and his advice sought 
in the settlement of any disputes that arose among them. His paternal 
regard for his own tenants won for him their respect and affection, which 
he retained unimpaired to the end of his long life. He was fortunate in 
both his marriages, though bis later years were clouded by the successive 



FAMILY PAPERS: JAMES. 363 

deaths of all but one — the youngest — of his eleven children. Among 
several other benefactions, the following testify to his interest in the cause 
of education and his care for the helpless and needy. 

Legacies. 
On the back of a receipt from the Stamp Office for the duty 
chargeable on a l^acy, the Rev. Allen Stuart has at some length defined 
the purpose of the legacy " left by James Farquharson, Esq. of Invercauld 
lately deceased." The receipt bears that the Honourable Lord Dunsinnan 
was Mr. Farquharson's principal trustee. The Rev. Mr. Stuart's note is 
as follows : — 

" I, the Reverend Allen Stuart, minister of the Gospel of the parishes 
of Kiricmichael and Glenshee, Considering that the deceased, James 
Farquharson, Esq : of Invercauld, by a Deed of Settlement executed by 
him upon the nineteenth day of September one thousand seven hundred 
and ninety five, and recorded in the Books of Council and Session the 
— day of July last named, and appointed Mrs. Margaret Farquharson 
his spouse, the Reverend John Oliver, his nephew, and Peter Farquharson, 
advocate in Aberdeen to be his Trustees alongst with Sir William Nairn 
of Dunsinan, Baronet, one of the Senators of the College of Justice, 
William Farquharson, Esq : of Monaltrie, and Charles Mackintosh Writer 
to the Signet, the three surviving Trustees named by him by a former 
Trust Deed executed by him upon the twenty seventh day of February, 
one thousand seven hundred and eighty eight, to which Trustees above 
named the said James Farquharson by the several Deeds above men- 
tioned conveyed his whole real and personal Estate for the purposes and 
with and under the burdens therein expressed, and amongst others he 
legated and bequeathed to the Poor of the said Parish of Glenshee the 
Sum of Twenty guineas to be disposed of at the sight of the Factor on 
his Estate with the aid of the minister and Kirk Session of the said 
Parish as soon as convenient after his decease. 

"And now seeing that the Trustees above named have by the 
hands of the said Peter Farquharson their Cashier instantly made 
payment to me of the foresaid legacy of Twenty one pounds sterling 
deducing the legacy tax affecting the same as stated on the preceeding 
page. Therefore I the said Allen Stuart, as authorized to that effect 
by the Kirk Session of the said Parish, have ExONORED and discharged, 
as and by these presents I exoner, quit claim, and simpliciter discharge 
the Trustees above named and all others the Heirs Representives of die 
said deceased James Farquharson of the foresaid legacy of Twenty one 
pounds sterling bequeathed by him to the Poor of the said Parish in 
manner above mentioned, and of the said Deed of Settlement itself in so 



364 RECORDS OF IKVERCAULD. 

far as extends to the above Legacy now paid to me> obliging myself to 
Warrant this discharge at all hands, and consenting to the registration of 
the same in the Books of Council and Session or others competent, therein 
to remain for preservation and for that purpose Constitute . . . my 
procurators, and in witness whereof these presents written by William 
Thomson, writer in Aberdeen, are subscribed by me at Whitehall the 
twenty fourth day of January eighteen hundred and six years Before 
Witnesses — ^John Stuart in Whitefold and Henry Anderson, Vintner in 
Kirkmichael. 

Allen Steuart 
John Stewart, witness 
Henry Anderson, witness." 

The Mrs. Margaret Farquharson above named was Margaret Carr, 
widow of General Mackay and Mr. Farquharson's second wife. 

Peter Farquharson, advocate in Aberdeen, was father of the late 
Andrew Farquharson of Whitehouse, and a gentleman then and long 
after much consulted in the administration of the Invercauld estates. 

William Farquharson, Esq. of Monaltrie was, as already stated, 
nephew of the " Baron Ban," and last laird of Monaltrie 

A similar legacy of £$2 los. was left by the same Trust Deeds to 
the poor of Crathie and Braemar, and is discharged in identical terms by 
the minister, who was the Rev. Charles McHardy. 

Another legacy of the same kind was left to the poor of the Parish 
of ho^e Coldstone, the payment of which is discharged by the Rev. 
Robert Farquharson, minister of the parish. It is to be hoped that it 
served its intended purpose better than another l^acy received from the 
estate of another heritor of that parish some twenty years later. It may 
be of some interest to record it here : — 

" Kincardine O. Neil the 26th March 1828 years. 

" The which day, the Presbytery of Kincardine O' Neil being met 
and constituted, Mr. Milne, Moderator, P. T. John Grassick, Clerk. The 
Committee appointed to examine the Cash Roister of Coldstone gave in 
a Report, the tenor whereof follows, viz. 

"* Kincardine O' Neil, 26th March, 1828. 

"*We the Committee appointed by the Presbytery of Kincardine 
O' Neil, to examine the Cash Register of the Parish of Logie-Coldstone, 
report as follows: That it appears from said Roister that there was 
received by the Kirk Session of Logie Coldstone of date August i ith 



FAMILY PAPERS: JAMES. 36$ 

1822 John Forbes, Esq : of New's Legacy, Ninety Pounds Stg. Which is 
lodged in Mr. James Reid's hands until Martinmas, as per Mr. Reid's 
letter.' That in said Register, of date, ist January 1823, there is the 
following entry, * In Mr. Reid's hands, as per Bill, £go.^ That in said 
Register of date ist January 1824, there is the following entry, * In Mr. 
Reid's hands as per Bill £go' That in said Register, at the end of the 
year 1824, There is the following entry, * Lost by Mr. Reid's Bankruptcy, 
exclusive of Interest, £67 10/ stg.' That these are the only entries we 
find respecting said Legacy ; and that in other respects, it appears to us, 
said Roister has been correctly kept, from the 27th April 1802, when it 
was last attested down to the 13th Augt 1827, when it ends. Signed 
* William Campbell, Convener.' Signed * Robert Milne.' Signed * Hugh 
Burgess.' 

" The Presbytery having read and considered said Report, find that a 
considerable sum of money has been stated as lost by the poor of that 
Parish, during the Incumbency of the late Mr. Farquharson ; and 
considering further, that the Heritors of every Parish, are guardians of 
the Poors' Funds, it is incumbent upon the Presbytery, to put this 
deficiency in their view, leaving it to them to adopt such measures, for 
the recovery of the same, as they shall see fit ; and for this purpose, they 
appoint Mr. Tawse, to send each of his Heritors, a copy of this minute, 
from said Cash Register, in which they have appointed their Clerk to 
insert it 

" Extracted from the Records of the Presbytery of Kincardine O' 
Neil by signed, 

John Grassick 

Presby. Clerk." 

The forgoing is the copy sent to Invercauld as one of the heritors 
of the parish of Lc^ie-Coldstone. 

The following extracts from the old " Statistical Account of Scot- 
land," Vol. xw,f p. 334. et seq., written in 1794 by the Rev. Charles 
McHardy, minister of Crathie, who was also factor on the Invercauld 
estate, and thus thoroughly conversant with the improvements effected 
and the circumstances of his parishioners, are of historic value as showing 
the condition of the country at the period to which they refer : — 

" The ordinary crops raised by the country people are oats, bear and 
potatoes. Turnips and clover with rye grass are cultivated by a few 
gentlemen. There was very little lint seed, till of late, sown in these 
parishes, although it was found to answer exceedingly well, for this 
reason, that there was no lint-mill in the country ; but that grievance is 
now, in a great measure, removed, as Mr. Farquharson of Invercauld has 



366 RECORDS OF INVERCAULD. 

built a Iint-mill at Castleton of Braemar. The consequence is, that the 
people, in general, sow more lintseed; and from the advantages they 
derive from this branch of farming, it is probable that, in a few years 
hence, another lint-mill, at least, will be necessary in this part of the 
country. 

"On Mr. Farquharson of Invercauld's property in the parish of 
Braemar (Achaliater), is a little quarry, from which are brought almost 
all the slates (mica slate) made use of in this country. 

" The greater part of the united-parishes of Crathie and Braemar, 
have been originally King's forest, and known by the name of the Forest 
of Marr. This forest, with those of the Duke of AthoU, and Mr. 
Farquharson of Invercauld in Perthshire, and the Duke of Gordon in 
Badenoch and Glenaven, constituted the principal part of the great 
northern Caledonian forest In the deepest mosses or morasses, within 
the immense range of the extensive forests above mentioned, there are to 
be found large logs, or roots of wood (even where there is not a tree now 
to be seen standing), which affords the most incontrovertible evidence, 
that they have formerly been overrun with timber. 

" The only part of the forest of Marr, which is now used as kept 
forest is in Braemar. The Earl of Fife and Mr. Farquharson of Inver- 
cauld have, each of them, extensive forests, which are well stocked with 
red and roe deer. From the great care and attention which has been 
paid to these animals for some years past, they are now so numerous and 
domesticated, that they are to be seen in numbers from the windows of 
the houses of Invercauld and Marr-Lodge. At the latter place, at about 
the beginning of May, lOO stags have been seen at once feeding on the 
lawn. 

'' There are in these parishes, extensive natural fir woods, belonging 
to the Earl of Fife, Mr. Farquharson of Invercauld, Mr. Gordon of Aber- 
geldie, and Mr. Farquharson of Inverey ; as also, large plantations of 
Scotch firs, and other trees. Mr. Farquharson of Invercauld alone has 
planted above 14 millions of the former; and upwards of a million of 
larch, with a great variety of others. Mr. Gordon of Abergeldie (at the 
advice of Invercauld) has planted Scotch firs to a very considerable 
extent, besides other trees ; and the Earl of Fife has also made plan- 
tations of Scotch firs and other kinds. 

" The principal lakes in the parishes are Loch Callader and Loch 
Bhrotachan, both on Mr. Farquharson's property, and well stored with 
excellent trout Loch Callader produces fine little salmon of about 7 or 
8 lbs. weight, and some eels. It will be about 2 miles in circumference. 
Loch Bhrotachan is smaller, but produces large delicate red trout — 
(charr — salmo umbla — found only here and in Loch Bulig in this district 
It is the celebrated ombre ckivalier of the Lake of Geneva). 



FAMILY PAPERS: JAMES. 367 

" The proprietors of these 2 parishes, of whom Mr. Farquharson of 
Invercauld is the principal, are 8, viz. The Earl of Fife, James Farquhar- 
son Esq. of Invercauld, William Farquharson Esq. of Monaltrie, James 
Farquharson Esq. of Balmoral, Charles Gordon Esq. of Abergeldie, 
William McDonald Esq. of Rineaton, the Reverend Thomas Gordon of 
Crathynaird, and John Erskine portioner of Achallader. One heritor 
resides constantly, 3 occasionally ; and there are 4 who do not reside at 
all.' The valued rent of both parishes is £3347 : 16 : 8 Scotch. The 
real rent, ;f 1826 Sterling. 

" The only branch of manufacture in this country is the spinning of 
linen yam. Lint is imported from Aberdeen at the expense of the 
manufacturing company, and left with the shopkeepers in the united 
parishes ; and they are allowed a certain profit for the trouble of giving 
out the lint, and taking in the yam. The common price for the spinning 
is from lod. to is. 3d. per spindle. This brings a considerable sum of 
money into the country ; by which the greater part of the poorer families 
are supported and enabled to pay the rents of their houses, and small 
crofts of land. The women in general spin with both hands." 

Compare the following with the reports of the cattle shows of the 
present day : — 

'^ Though there are many black cattle in the two parishes, yet it 
cannot be said that much attention has been paid to the breed in the 
rearing of them ; nor is there any thing that deserves the name of a 
regular dairy, excepting that at Invercauld." 

"Lady Sinclair, in the year 1755 (two years after her marriage to 
Mr. Farquharson) established a dairy under proper regulations, which 
was attended with the greatest success. The butter and cheese, made in 
this dairy, were of the best quality, and now so well known that they 
need no particular description. This was owing, in a great measure, to 
good old pasture ; but principally to the attention paid to the breed in 
keeping those cows only that had very rich milk, and disposing of such 
as had thin milk of a poor quality, which happened often then, though 
rarely now, but which has made this breed of cattle, though but of a 
middling size, very valuable to those who wish to have a good dairy." 

Lady Sinclair is thus referred to in the O. S. A. :— 

I Aboat this time James Farquhaxson resided all the year roqnd on his estate of Balmoral. 
The Earl of Fife resided during the autumn months at Mar- Lodge. Mr. Farquharson resided 
at this time almost constantly at Invercauld. Mr. Gordon resided during the summer and autumn 
months at Abergeldie. Mr. Farquharson of Monaltrie resided most of the year at hu residence 
near Ballater, but not within the parish of Crathie. The Rev. T. Gordon was minister of Aboyne, 
The other two mentioned had no resident within the (larish, 



368 RECORDS OF INVERCAULD. 

"It might, with great propriety, be thought an unpardonable 
omission, were I to close this head without doing justice to the memory 
of the deceased Lady Sinclair, first wife to Mr. Farquharson of Inver- 
cauld : That amiable woman, who never lost sight of what tended to 
promote the interest of the poor, finding that the women of the two 
parishes were entire strangers to the art of spinning on the little wheel, 
applied to the Board of Trustees,^ &c., about the year 1755, for some aid 
to encourage this branch of manufacture. The trustees having readily 
granted her request, she procured a proper spinning mistress, and erected 
a spinning school at the Castletown of Braemar. After the school was 
opened, it was found so difficult to get scholars to attend it, that Mr. 
Farquharson himself was obliged to speak tg his tenants, and, in a 
mtoner, compel those who had 2 or 3 daughters to send i of them to the 
school Having, however, surmounted every difficulty, the school was 
fairly set agoing ; and, from the attention Lady Sinclair paid to it, going 
in person to visit it, and giving premiums to those who excelled, she 
raised such a spirit of emulation, that, in about 7 years' time, the prog^ress 
was astonishing. From printed advertisements circulated through the 
parishes, in the month of August 1762, offering certain premiums to 
those who produced the greatest and best quantities of linen yam, of 
their own spinning, against the 31st of December following, there were 
no fewer than 129 unmarried women and little girls who received 
premiums on the ist January 1763. The quantity of linen yam brought 
at this time to Invercauld for inspection, and which was examined by 
•r' Lady Sinclair and four other ladies who attended to assist her, was 

supposed to be worth at least £yx> Sterling. Previous to this institution, 
lint was spun on the rock or distaff only, and wool on the big wheel. 

The following is a copy of the advertisement: — 

" Invercauld, August 1762. 
" Lady Sinclair hereby advertises, that the tmstees for the manu- 
facturers having put into her hands a sum of money to be distributed in 
the way she thinks most proper for promoting spinning in the united 
parishes of Braemar and Crathy, her Ladyship now publishes, that she is 
to distribute premiums of gowns, plaids, caps, silk napkins, lawn napkins, 
lawn aprons, and such like goods among the women and girls who shall 
produce to her at Invercauld upon the ist day of January next the 
. greatest and best quantities of linen yam of their own spinning. The 
yam must be lodged at Invercauld on Friday the 31st of December, and 
the premiums will be distributed the day after," 

I The Board of Trustees was a Committee appointed by the goyemment to promote home 
industries and manufactories in the Highlands. The funds at their disposal were the rerenoes 
derived from the forfeited estates. 



FAMILY PAPERS: JAMBS. 569 

The following extracts from the same source (O. S. A.) will enable us 
to compare the present condition of the country in several respects with 
what it was a century ago : — 

^^ Language. — The language generally spoken is the Gaelic Most 
of the people, however, understand so much of the English, as to be able 
to transact ordinary business with their neighbours of the Low Country." 

The case is now entirely reversed. It would now be difficult to find 
in either parish two individuals who could or would transact the most 
ordinary business in Gaelic. The writer goes on to state that, 

'' It was once thought an object of political attention to use means 
for eradicating this ancient language from the Highlands of Scotland. It 
is to be presumed that the Legislature now entertains very different 
views. For experience has fully evinced, that there are no better soldiers 
in the day of battle than the Highlanders, and that honour, humanity, 
decency and good order are not incompatable with the use of the Gaelic, 
and of tartan plaids and philabegs." 

In this respect the past century has wrought no deterioration — 
Witness the conduct of the Highlanders, Gordons and others, in South 
Africa. 

The expense of improving barren land is thus referred to : — 

"The present incumbent, with his own servants and cattle has 
brought some acres to tillage, and has contracted with an undertaker to 
have the remaining acres trenched before the end of April next The 
expense will be upwards of £6 Sterling the acre, including blowing and 
carrying away the stones ; but will turn out to be a piece of excellent 
ground when brought into culture" 

The cost of a similar piece of work at the present day would be at 
least five or six times as much. 

"The manse, which was built in the years 1790 and 1791 at above 
£AfX> Sterling of expense to the heritors, is an exceedingly good house 
with all the accommodation necessary for a clergyman. The King is 
patron." 

Opinions regarding both these matters have of late years greatly 
changed. As to the churches : 

"The church of Braemar is a very neat, decent church, with an 
excellent church-yard wall round it, built with stone and lime. It is 
supported almost at the sole expense of the Earl of Fife and Mr. 
Farquharson of Invercauld," 

AAA 



370 RECORDS OF INVERCAULD. 

The church here referred to was situated half-a-mile below where the 
present one stands, and where the burying ground now is. The ecclesias- 
tical buildings at Crathie were in a less satisfactory condition. 

" The church of Crathy, though kept in repair at the joint expense 
of all the heritors of the 2 parishes, the Earl of Fife excepted,' is in very 
bad order and too small. The church-yard wall is in the same situation." 

The ivy-covered ruins in the beautiful graveyard close by the Dee is 
now all that remains of the old church here described A new, and at 
the time considered an elegant and commodious building, was erected in 
1805-6 on an elevated terrace a quarter of a mile to the north of the site 
of the old church. It was removed to give place to the present handsome 
edifice built in 1893-5. 

" Roads and Bridges. — ^The military road from Blairgowrie to Fort 
George goes through the parishes of Braemar and Crathy, which was 
completed in the year 1749, at the expense of government Bridges were 
likewise built over all the rivers and rivulets upon this line of road at the 
same expense. The county roads are made and kept in repair by the 
statute labour. The service is indeed, for the most part, commuted, and 
every man, between 16 and 60 years of age is obliged to pay at the rate 
of IS. 6d. yearly. 

" I cannot pass over the article of improvement," adds the writer, " in 
justice to the memory of the late Mr. Farquharson of Monaltrie — ^ the 
Baron Ban ' — ^without mentioning how much the public in general, and 
this country in particular, are indebted to his disinterested and public- 
spirited exertions. That gentleman, with a laudable spirit of patriotism, 
was the first person who undertook made roads in Aberdeenshire, 
which he carried on with exertion, and at great expense, to a considerable 
extent for several years before the 1745 (he was at that time Factor for 
Invercauld). Having, however, unfortunately engaged in the rebellion, 
and being kept a prisoner for 18 years in England, the country was, 
during that period, deprived of his services. On obtaining his liberty, he 
immediately renewed his public-spirited improvements, wherever he had 
any influence, but chiefly in the 5 parishes of Braemar, Crathy, Glen- 
muick, Tullich, and Glengarden (which indeed form a separate and 
distinct district of the county) ; and from that time till his death, which 
happened in the year 1790 (? 1791), he continued, with unremitting 
attention, and at a great expense, to forward the building of new, and 
the repairing of old bridges ; the making of new, and repairing of former 

I It is not apparent on what ground the Earl of Fife was exempted from the expense of 
keeping the church of Crathie in repair. 



FAMILY PAPERS: JAME& 3/1 

roads ; in which he was ably supported by ftf r. Farquharson of Inver- 
cauld (whose abilities in directing and executing roads were very 
uncommon), and, in some d^ree, by all the gentlemen in the county ; 
so that, upon the whole, it may with great propriety be asserted that, 
during the last 25 years, no part of the Highlands of Scotland, of the 
same extent, has gained more in roads and bridges by private subscription, 
than the 5 parishes above described." 

Although the wolf had long been extinct in Scotland,' the writer 
complains of ** the depredation made on the sheep, game, and poultry by 
foxes and other vermin"; and describes at some length the means 
adopted for their extirpation — means somewhat similar to those now 
employed in India for the destruction of beasts of prey : — 

" There was a scheme planned some years ago by Mr, Farquharson 
of Invercauld, and carried into execution by him and the other heritors, 
for the preservation of sheep, game, and poultry, and for the destruction 
of foxes, wild-cats, pole-cats, eagles, hawks, &c., from which the parishes 
of Braemar, Crathy, Glenmuick, Tullich, and Glengarden derived more 
real benefits than perhaps from any other improvements that could be 
introduced into this county. It commenced the isth of January 1776 ; 
and before that period, the destruction of sheep was so g^eat that it is 
thought the value of the sheep annually killed by vermin, in the above 
parishes, was nearly equal to the rent paid to the proprietors. The 
scheme was this : The heritors entered into a private subscription among 
themselves, out of which a premium was paid for every animal or bird 
that was brought into the cashiers by such persons as were authorized by 
the association to carry arms for the destruction of foxes, &c ; and who 
had been previously sworn not to kill game ; and it is believed that out 
of more than 100 persons who had warrants for this purpose, not one of 
them ever tran^^essed in that respect The whole subscriptions in the 
5 parishes amounted to about 40 guineas a year ; and the scheme con- 
tinued for 20 years, with so great success that, during that period, there 
were killed 634 foxes, 44 wild-cats, 57 pole-cats ; 70 eagles, 2520 hawks 
and kites ; 1347 ravens and hooded crows ; besides all those which were 
destroyed by poison, or died of their wounds. For the first year the 
premiums extended only to foxes, eagles, gosacks, and falcons ; the 
second year, wild-cats, pole-cats, small hawks, and kites were added; and 
the third year, ravens and hooded crows were also included. Unfortun- 
ately, however, for this county, some of the heritors (for reasons best 
known to themselves) withdrew their subcriptions. The other subscribers 
were obliged, 8 years ago, to give up the scheme ; the consequence of 
which is, that the destruction of sheep has gradually gained ground, and 
game of all kinds decreased in the same proportion." 

I The last wolf in SooUand is said to have been killed by Lochiel in the reign of Charles II. 



372 RECORDS OF INVERCAULD. 

On the postal facilities, Mr. McHardy has the following observations, 
which in view of the house-to-house delivery, now established in the 
remotest glens, show the advances which have been made in this depart- 
ment of the public service within the century : — 

'^ I see with pleasure a branch of the post-oiHce extended lately from 
Aberdeen to Kincardine O'Neil ; but this country can derive little or no 
benefit from it, being still 32 miles distant from Castletown of Braemar. 
Was the extension of this branch to be carried to that place, this whole 
country, instead of sending a man weekly to Cupor Angus for letters and 
newspapers, would put all their letters into this Office to go round by 
Aberdeen, which would bring an additional revenue of 3d at least for 
every single letter, and would, it is presumed, more than indemnify 
government for the expense incurred in the establishment of it" 



Braemar Castle. 

Under the heading of Antiquities^ the writer gives a brief but clear 
history of Braemar Castle, a subject that has been much misunderstood 
of late years. After giving the current tradition r^arding the ancient 
Castle of Ceann-an-drochart^ he proceeds : — 

" On a little mount on'the Haugh of Castletown stands the castle of 
Braemar. It was originally the property of Farquharson of Invercauld 
(Finla Mor), and given to a second son' of that family as his patrimony. 
About the end of Queen Mary's reign, these lands were excambed with 
the Earl of Marr for the lands of Monaltry, and soon after his accession to 
the estate he (the Earl of Mar) built the present house. King William, 
after the Revolution, took possession of it for a garrison, and put some 
troops into it to keep the country in order ; but this had not the desired 
effect ; for the country being of opposite sentiments at the time, beseiged 
the garrison, and obliged the troops (General Mackay's) to retire to save 
their lives ; and to save themselves from such troublesome neighbours 
for the future they burnt the castle. In this state it continued till the 
year 1715, when the whole Marr estates were forfeited. About the 1720, 
Lords Dun and Grange purchased from the government all the lands 
belonging to the Erskine family ; and about 1730, John Farquharson of 
Invercauld bought the lands of Castletown from Lords Dun and Grange. 
About the 1748, Mr. Farquharson gave a lease to government of the 
Castle and an enclosure of 14 acres of ground, for the space of 99 years, 
at £\^ Sterling of yearly rent ; upon which the house was repaired (the 
wall being then sufficient), and a rampart built round it ; and it has since 

. I Not the eldest son as he has generally been represented to be. 




ffmfk^^ 



2>r,^^ 




.^ ^Z'^- 



Sketchyiap 

S/iowi/i^ conSiiion cfhw dwunds 
anS marvk a^veed uponhehoeen 
Smjerc^iiild <nn6 /(chin6njne,c. //^. 



FAMILY PAPERS : JAMES. 373 

that period been occupied by a party of soldiers. At the expiration of 
the lease, or evacuation of the troops, the house with the enclosure returns 
to the Invercauld family, without any melioration whatever." 

The above is the true account of the origin and fortunes of Braemar 
Castle, given by the Rev. Charles Mc Hardy, minister of Crathie and 
Commissioner of the Invercauld family, who had access to all the docu- 
ments relating to it 

Carn-na-cuimhne. 

As to the trysting place of the clan Fhion-laidh or Farquharson, 
Mr. McHardy gives the following account : — 

" On the lands of Monaltry, and on the north bank of the river Dee, 
in a narrow pass, where there is not above 60 yards from the river to the 
foot of a high, steep, rocky hill, stands a cairn, known by the name of 
Cam-na-cuimhne, or Cairn of remembrance. The military road is carried 
along the foot of this hill, and through this pass The tradition of the 
country is that, at some period, the country being in danger, the High- 
land cheiftains raised their men, and marching through the pass, caused 
each man lay down a stone in this place. When they returned, the- 
stones were numbered ; by which means it was known how many men 
were brought into the field, and what number was lost in action. Since 
that period, Carn-na-cuimhne has been the watch word of the country. 
At that period, every person, capable of bearing arms, was obliged to 
have his arms, a bs^, with some bannocks in it, and a pair of new mended 
shoes always in readiness ; and the moment the alarm was given that 
danger was apprehended, a stake of wood, the one end dipped in blood 
(the blood of any animal), and the other burnt, as an emblem of fire and 
sword, was put into the hands of the person nearest to where the alarm 
was given, who immediately ran with all speed, and gave it to his nearest 
neigt)bour, whether man or woman ; that person ran to the next village 
or cottage (for measures had been previously so concerted that every one 
knew his route), and so on, till they went through the whole country ; 
upon which every man instantly laid hold of his arms, &c, and repaired 
to Carn-na-cuimhne, where they met their leaders also in arms, and 
ready to give the necessary orders. The stake of wood was named 
Croishtarich. At this day, was a fray or squabble to happen at a market, 
or any public meeting, such influence has this wc^d over the minds of 
the country people that the very mention of Carn-na-cuimhne would, in 
a moment, collect all the people in this country, who happened to be at 
said meeting, to the assistance of the person assailed." 




SOCIAL AND HOME LIFE AT INVERCAULD. 

1750-1805. 

This is the period during which James Farquharson held the 
Invercauld estates. No man on Deeside had more influence, and no one 
more beneficially exercised it No matter of public imjx)rtance or of 
local interest was transacted unless at his su^^estion or with his support 
He was universally consulted in regard to all improvements of a public 
nature, and was himself the first to set an example of the mode in which 
these ought to be carried out In his own quiet but effective way, he 
may truly be said to have been one of the greatest benefactors upper 
Deeside has ever known, and to have inaugurated a new era of industry in 
it His father, and himself in his earlier years, had to pass through a 
turbulent period of Highland history, during which little or no 
attention was paid to the amelioration of the almost barbaric con- 
dition of the greater part of those who owed them allegiance. But 
on the suppression of the insurrection of 1745 there opened up a wide 
field to the son for introducing the arts and industry of advancing 
civilisation. Of this he was not slow to take advantage, greatly aided by 
the advice and counsel of his cousin, Francis of Monaltrie, whose long 
detention as a prisoner in England had made him acquainted with the 
most advanced methods of agricultural improvement then known. 

Afler the father's death in 1750, the first event of family importance 
was the marriage of James, his son and successor. This occurred ^ in the 
year 1753. He was then in the thirty-first year of his age ; and the lady 
of his choice was his cousin (second cousin), Amelia, eldest daughter of 
Lord George Murray, then an exile on the Continent She had, a short 
time before, been married to Lord Sinclair, who died a few months 
subsequently, leaving her a widow with some means and the title of The 
Right Honourable Lady Sinclair. The connection was in every way an 
advantageous one, and much favoured by the Athole family, between 
whom and that of Invercauld there had long been much friendly inter- 
course both in business matters and family relations. Mr. Farquharson's 
marriage proved a very happy one, and singularly beneficial, as already 
shown, to the numerous tenantry on his estates. They had a large family. 

Three girls had been born to the happy parents at Invercauld, or 



FAMILY PAPERS: JAMES. 37S 

Marlee, before the son and heir made his appearance. This event, thus 
announced in the " Aberdeen Magazine" of 1761 : " Aug. 3. The Right 
Hon., Lady Sinclair, wife of James Farquharson of Invercauld Esq., of a 
son and heir," was hailed with great rejoicings over the whole estates. 

The same year witnessed the nuptials of the Laird's sister, Fanny, a 
great favourite with the family and their friends. The marriage is thus 
recorded in the above named journal: "Deer. 15th. Doctor Alexander 
Donaldson, Physician, and Professor of Medicine and Oriental Lan- 
guages in the Marischal College Aberdeen, to Miss Fanny Farquharson, 
daughter of the late John Farquharson of Invercauld Esq." 

Within the family circle, thus forming at Invercauld, the life led was 
for some years, until the hand of death began to invade it, one of the 
most cheerful and happy imaginable. It had all the elements that 
conduce to cheerfulness and happiness. A young family, under the care 
of pious and loving parents, springing up into bright boys and girls, 
" filled the home with glee" and sweetness. Judging from a goodly pile 
of manuscripts, still preserved with loving care, their education must have 
been judiciously attended to. Exercises in composition, essays, trans- 
lations from French authors, and observations on historical events and 
characters in prose, and sonnets, odes, elegies, and other effusions, mostly 
in a religious vein in verse, sufficiently attest the careful training and 
literary bent of mind of the youthful members of the family. Some of 
these effusions might have been here inserted had they been thought of 
any historical value. They are interesting only as showing how the 
leisure hours of the young people were occupied. 

No more pleasing or natural picture of the lives and amusements of 
the cousins, heads of their respective /families, could be presented than 
that which is given in the " Journals of Episcopal Visitations of the Right 
Rev. Robert Forbes, M.A.," and which therefore is here quoted as an 
example of the home life led in Highland families of the first rank in the 
third quarter of the eighteenth century. 

The good Bishop, Robert Forbes, had been going the round of his 
Diocese, and had come to Dunkeld, where he stayed some days to enjoy 
its beautiful scenery. Among other romantic spots to which he was 
guided, the Hermitage attracted his particular attention. He thus 
describes his visit to it : — 

''This Hermitage is an enchantingly beautiful Retirement, fit for 
Contemplation and Study, and was reared up in haste by the Honourable 



i 



376 RECORDS OF INVERCAULD. 

Mr. Murray, son of Ld. George Murray, without the knowledge of his 
Uncle, and Father-in-law, the Duke of Athole. This Gentleman, having 
done up the Hermitage with Taste, and desirous to Surprise the Duke 
with a sight of it, lurwl him into his Design, by wondering greatly that 
his Grace never thought of amusing himself in taking a Turn up the 
Banks of the Braan, a most Pleasant and Retired Walk. The Duke 
listened to his specious Tale, and an afternoon* was condescended upon 
for this Party of Pleasure. When the Time came all the Ladies, and the 
Company then at Dunkeld (including Mr. Farquharson of Invercauld, 
who was privy to the plot) attended his Grace to share in the rural, 
winding course ; and, in turning the Point, close upon the Hermitage, 
they stopt short with amazement, particularly the Duke, who, turning to 
his nephew, said, * Murray! what a House is this? Here is a house! a 
new one, too, 1 and well slated likewise. How comes this House to be 
here?' *Why, my Lord Duke,' said Mr. Murray, 'your Grace should 
know best what Houses are on your own grounds ; but you seem to be 
surprised.' * Surprised ! surprised I am indeed,' said ye Duke, * to see a 
House, and a neat one, too, where I never once imagined any House to 
be! But, pray, Murray, hold me not iti suspense; let me know the 
history of this House.' ' If your Grace pleases, let us first proceed to this 
enchanted place, and take a narrower Inspection, before we Inquire into 
the History of it I will do my best to usher in your Grace and ye good 
Company ; come along.' When they entered the Heritage, how was their 
surprise increased to behold a large Table richly furnished with a plenti- 
ful repast of Coffee, Tea, Chocolate, Fruits, Sweet Meats, variety of good 
wines &c.? After viewing the well spread table, which took the eye 
first, then they had Time to Survey the Beauties of the Hexagon, 
particularly in throwing up the windows to view the Cascades. When 
they had tasted of the Repast, Mr. Murray desired them to follow him, 
and he conducted them down to the Grotto, which still added to their 
surprise. Then placing them in and about the Grotto, he set the Water 
Works a playing in their Front, which heightened the Entertainment 
greatly, and made the Company give a hearty Plaudite of cheerful 
Laughter. While the Water Works were in motion, Mr. Murray 
jokingly desired the Ladies to walk if they pleased, but this they could 
not do as the playing of the water hemmed them in. 

"There is another Entertainment here, which Mr. Murray busied 
himself much about, at a time when the Duke happened to be in London, 
and it is the Building of Pillars, resembling Ruines upon the tops of the 
high hills about Dunkeld, particularly nigh to the Hermit^e. Mr. 
Murray was very eager in this work, insomuch that he himself and his 
Brother-in-law, Farquharson of Invercauld, threw their Coats, wrought 
like common Fellows and became barrow-men to the masons. "Die 
Duke upon his return was agreeably surprised and veiy much pleased, 



FAMILY PAPERS: JAMES. 377 

with these Vistas (sic), as additional Beauties to his delightsome Seat at 
Dunkeld. How singular is this in a youth of Birth and Fortune ? And 
how much more commendable than to waste and kill the Time in Balls, 
Plays, Boutes, and such like dissipating and enervating Amusements of 
Life?" 

It may be here noted that the third Duke of Athble (Invercauld's 
brother-in-law) was one of the first to introduce the larch into Scotland — 
a benefit of which it is difficult to estimate the value, not only to the 
Highlands but to the whole nation. The two first twigs planted are, it 
is believed, still to be seen, in decaying old age, beside the still more 
venerable remains of the Cathedral at Dunkeld. Mr. Farquharson 
obtained from His Grace a few shoots which he planted, some near the 
mansion of Invercauld and a few on the brink of the river in front of it. 
The latter have only recently given way to the decaying fingers of time. 

Of the other improvements introduced by Mr. Farquharson, the 
principal are noted in Sir John Sinclair's Stat. Act. (1794), written by 
the Rev. Charles M* Hardy, minister of Crathie. 



As an instance of Mr. Farquharson's interest in his relatives, the 
following is a sample : — 

" At Edinburgh the twenty seventh day of November, One thousand 
seven hundred fifty five years In presence of the Lords of Council and 
Session Compeared Mr. David Rae, advocate as pror. for James Far- 
quharson after designed and gave in the Bond underwritten desiring that 
the same might be registrate in their Lordship's books, conform to the 
Clause of Registration therein contained which desire the said Lords found 
reasonable and ordained the same to be done accordingly whereof the 
tenor follows. I James Farquharson Esqr. of Invercauld grant me to 
have received from Mr. George Keith, younger of Bruxie, merchant in 
London in name and on account of Mr. Robert Farquharson, second 
lawful son of the deceast Alexander Farquharson of Monaltrie, and 
William and Ann Farquharson his children procreate betwixt him and 
the now deceast Mrs. Isobella Keith, daughter of Mr. William Keith of 
Bruxie, according to their several rights, and Interests as is after set 
forth, the sum of six hundred pound sterling as a part of the money 
screed by the Contract of marriage to be settled on the children of the. 
said marriage betwixt the said Mr. Robert Farquharson and the said 
Mrs. Isobella Keith. Therefore witt ye me to be Bound and obliged as 
I by these presents with and under the express conditions and provisions 
BBB 



378 RECORDS OF INVERCAULD. 

after mentioned bind and oblige me my heirs Excra and superiors with 
my Lands and Estate to consent and pay to the said Robert Farquharson 
in life-rent and for his life-rent use allenerly, to be reserected in the 
events after exprest ; and to the said William and Ann Farquharson his 
children procreate betwixt him and the said Isobella Keith equally 
betwixt them in fee and to the heirs of their bodys and failing of them by 
Decease without heirs of their Bodys to the said Robert Farquharson 
their father his heirs and assignees whatsoever but declaring as it is here- 
by specially proveded and declared that in the event of the said William 
Farquharson dying before he attain to the age of twenty one years 
compleat without heirs of his own Body the said Ann Farquharson shall 
have the only right to the fee of four hundred pounds sterling of ye said 
six hundred pounds and a fee of the remaining two hundred pounds shall 
fall to the said Robert Farquharson his heirs Excrs. and assignes what- 
soever the sum of six hundred pounds sterling with a rent thereof 
at the rate of four and one half per cent, I bind and oblige me 
and my foresaids to make payment to the said Robert Farquharson 
and his children @ named in the terms as specified allenarly and no 
otherways and that against the term of Martinmas One thousand 
seven hundred and fifty six, with the sum of one hundred and twenty 
pound sterling of Liquedate Expenses in case of Failzie and ® rent at 
the rate of the said four and a half per cent of the said principal sum of 
the six hundred pound from the term of Martinmas next one thousand 
seven hundred and fifty five to the foresaid Term of payment and yearly 
termly and Proportionally thereafter during the not payment of the 
same with this provision always as it is hereby provided expressly and 
declared that the life-rent of the foresaid sum of six hundred pound 
sterling conneved (conveyed ?) in favour of the said Robert Farquharson 
shall be and is hereby restricted to the half of the ® rents of 
Legal Interest of the said sum and that how soon and whensoever the 
said William and Ann Farquharson or survivor of them shall attain the 
full age of eighteen years compleat, or their respective marriages which 
of them shall first happen as also with power to me the said James 
Farquharson of Invercauld and George Keith, younger of Bruxie, and 
failing me or him by Decease to Francis Farquharson of Finzean and 
Geoi^e Forbes of Upper Boundly to raise and uplift the one half of the 
said six hundred pound in the event of the said William or Ann 
Farquharson attaining the said age of eighteen years compleat the said 
sum always being employed in Contracts of marriage with them or either 
of them or putting the said William Farquharson to trade and business 
either of which as I and the said Geoi^e Keith shall think most proper 
for their future advantage or failing us by Decease to the said Francis 
Farquharson and Geoi^e Forbes it always being done with the special 
consent and advice of the said Robert Farquharson the father, he being 



FAMILY PAPERS : JAMES. 379 

in Life and always with the express condition and provision that 
it shall not be in the power of the said Robert Farquharson as 
Administrator in Law for his children. And further in case either of 
the said William and Ann Farquharson shall happen to marry during the 
life time of the said Robert Farquharson, their fadier, without the consent 
of their said father had in writing thereto either at or before or 
within a year and day of their said marriage, or failing the said Robert 
Farquharson by Decease without the consent of me and the said George 
Keith if in life and failing us the said Francis Farquharson and 
George Forbes in that case he or she so marrying shall from thence- 
forth lose in time all right and title to the foresaid sum of six 
hundred pounds and Interest thereof in manner here settled, and 
that within eighteen months of the said marriages without the consent 
of the said father if in life and failing of him or me and the said 
George Keith and the other two persons naimed shall be of facts voided 
and nuUe and of no force or effect ; as also it is hereby expressly 
provided and declared that the foresaid sum of six hundred pounds 
sterling and interest thereof hereby conditioned to be paid to the said 
William and Ann Farquharsons in the event and manner as men- 
tioned is and shall be in contentation and satisfaction to them pro tanto 
of the provisions stipulated to be performed by the said Robert Far- 
quharson their father to them by the said mentioned contract of marriage 
past betwixt him and the said Mrs. Isobella Keith without prejudice 
nevertheless to the said William and Ann Farquharson or the survivor 
of them or heirs of their Bodys for Implement and performance of what 
is further provided to them by the said Contract of Marriage as therein 
settled and in token of the premisses I have instantly delivered up this 
present Bond and obligation to the said William Keith of Bruxie to be 
kept used and disposed of By him and his heirs for the behoof of the said 
William and Ann Farquharson his grand children in time coming And 
for the security I consent to the r^stration hereof in the Books of 
Council and Session or any other proper Court In witness thereof I 
suscribe this and the three preceding pages all writ upon stamped paper 
by me John Robertson younger of Straloch at Kinloch this eight day of 
November One thousand seven hundred and fifty five years before those 
witnesses Finla Farquharson of Rochallie and the said John Robertson 
writer thereof (signed) Ja. Farqrson, Finla Farquharson, witnes, John 
Robertson, witnes, Extracted on this and the preceding pages By 

Ja. Pringle." 

It may be added, in explanation of the above deed, that Francis 
Farquharson (the "Baron Ban") having as yet (i7SS) contracted no 
marriage, and being a prisoner in England with his estate of Monaltrie 
forfeited to the crown, his apparent heir was his younger brother, Robert, 



38o RECORDS OF INVERCAULD. 

who had married Isabella, daughter of George Keith of Bnixie, and was the 
father of William and Ann mentioned in the deed. The family were in 
pecuniary straits. Bruxie on behalf of his daughter was willing to render 
assistance, and James of Invercauld generously undertook the part of her 
husband, who was his full cousin. This was the occasion on which the 
above engagement to render support to the family of Robert was under- 
taken by James Farquharson of Invercauld. 

The "Baron Ban" returned to Scotland in 1766, a free man, and 
married, but landless and childless. His lands were restored to him in 
1784, but he never had any children. Dying in 1 791, he was succeeded 
by his nephew, the William mentioned in the deed. 

Many of the numerous works and transactions for local and public 
benefit promoted by the " Baron " have already been noticed in these 
papers in connection with the administration of the Invercauld estates, 
over which he had been commissioner previous to his engaging in the 
rebellion. Several others will fall to be noticed in the Motudtrie Papers. 
These, however, are mostly concerned with his personal life during his 
long detention as a prisoner in England. They mainly consist of 
duplicates of petitions for his pardon and release, notes of accounts kept 
by him and of incidents that befell him, and memoranda of correspon- 
dence with his friends. The parcel came into the possession of the 
Invercauld family when they succeeded, as next of kin, to his nephew, 
the above named William, in 1828. 

At length a gloom overcast the once happy household at Invercauld. 
First a little baby died, and, soon after her, another ; and so on, one by 
one as they grew up, they passed away struck down by the fell hand of 
consumption till the saddest affliction of all came ; the mother, worn out 
with watching, anxiety, and sorrow, followed her children (1779), leaving 
only, of all their eleven offspring, the youngest, a little girl five years of 
age to be the care and comfort of the bereaved father for the rest of his 
life. For a year or so before his death the good old man's thoughts were 
much occupied on how to make proper provision for his faithful servants. 
In a letter to Mr. Peter Farquharson of Whitehouse, whom he had 
appointed trustee on the estate, he mentions the number of his domestic 
servants, — small number indeed — and commends to his special attention 
a Margaret Aberdein, who had been for thirty-two years housekeeper at 
Invercauld. 



FAMILY PAPERS: JAMES. 381 

James Farquharson, "the Old Laird," survived till the summer of 
1805, when he died at Invercauld in a good old age, having held the 
estates (which he greatly increased both in extent and value, having 
planted most of the timber for which the property has been so long 
famous) for the lengthened period of 55 years. His father before him 
had held them for 56 ; thus father and son in succession had continued 
in possession of these estates for no less a space of time than 1 1 1 years. 

The marble tablet erected to his memory in the old Churchyard of 
Braemar has the following inscription : — 

SACRED to the memory of JOHN FARQUHARSON of 
Imrcrouild who 6kd in 1750. SACRED ako to 
the memory of JAMES FARQUHARSON, of Invcfcadld, 
hk ion, who (Ucd 24th Jime )80^ aged 83i and 
AMELIA, Lady Sindair, hk tpouie (daughter of 
Lofd George B^toay) who died in 1779* They 
had eleven childten, all of whom, with the OLOep- 
j^oa of the yow^ert^ CATHERINE^ died bcfoie thenu 
BilARY, MATILDA, JANE, JOHN and GEORGE Hein- 
-terrcd with their paients in the groond adjoiniogi 
CHARLOTTE at Amhafli FANNY at Lidboni and 
AXflELIA, BilARGARET, and ANN, in the bory^ 
ground, North Lcith* 



VISITORS TO INVERCAULD. 

1769-1803. 

Of the many distinguished persons who visited Invercauld during 
the period in question, two at least cannot be passed over in silence. 
They were in order of time the celebrated tourist, naturalist, and 
antiquary, THOMAS PENNANT, LLD., and LORD BVRON. 

It may be of interest to record the impressions made on English 
tourists, who ventured into Scotland in the eighteenth century, by the 
scenery they beheld for the first time in the Highlands, and especially in 
the district with which the " Invercauld Papers " are concerned One of 
the earliest of these is one the most appreciative, most capable, observant 
and accurate— Thomas Pennant. 

The following is his description of Upper Deeside as recorded in 
" A Tour in Scotland *' in the year 1769 :— 

''Pass by the castle of Brae-mar, a square tower, built about a 
hundred and fifty years ago,' to curb the discontented chieftains ; but at 
present unnecessarily garrisoned by a company of foot, being rented by 
the government from Mr. Farqukarson of Invercauld^ whose house I 
reached in less than half an hour. 

^ Invercauld is seated in the centre oT the Grampian hills, in a fertile 
vale, washed by the Dee, a laige and rapid river : nothing can be more 
beautiful than the different views from the several parts of it On the 
northern entrance, immense ragged and broken crags bound one side of 
the prospect ; over whose grey sides and summits is scattered the melan- 
choly green of the picturesque pine, which grows out of the naked rock, 
where one would thmk nature would have denied vegetation. 

^ A little lower down (higher in the valley but lower in situation) is 
the castle above-mentioned ; formerly a necessary curb on the little kings 
of the country ; but at present serves scarce any real purpose, but to 
adorn the landscape. 

^ The views from the skirts of the plain, near Invercauld^ are very 
great ; the hills, that immediately bound it, are doathed with trees, 
particularly with birch, whose long and pendant boughs, waving a vast 
height above the head, surpass the beauties of the weeping willow. 

I The fint cutle built here was by John Enkine, fint acknowledged Earl of Mar of his 
family, soon after his restoration by Qaeen Mary in 1565 to the estates and honours of the EarMom. 



FAMILY PAPERS: JAMES. 383 

"The southern extremity is pre-eminently magnificent; the moun- 
tains form there a vast theatre, the bosom of which is covered with 
extensive forests of pines ; above, the trees grow scarcer and scarcer, and 
then seem only to sprinkle the surface ; after which vegetation ceases, 
and naked summits of a surprising height succeed, many of them topped 
with perpetual snow ; and as a fine contrast to the scene the great 
cataract of Gafval-baum^ which seems at a distance to divide the whole, 
foams amidst the dark forest, rushing from rock to rock to a vast 
distance. 

" The highest of the mountains is called Ben-y-hourd^ under which is 
a small lough, which I was told had ice the latter end of July. Some of 
these hills are supposed to be the highest part of Great Britain : their 
height has not yet been taken, but the conjecture is made from the great 
descent of the Dety which runs from Brae-mar to the sea above seventy 
miles with a most rapid course. Brae-mar is the most distant from the 
sea of any place in North Britain, 

" Rode to take a nearer view of the environs ; crossed the Dee on a 
good stone bridge, built by the government, and entered on excellent 
roads into a magnificent forest of pines of many miles extent Some of 
the trees are of a vast size ; I measured several that were ten, eleven and 
even twelve feet in circumference, and near sixty feet high, forming a 
most beautiful column, with a fine verdant capital. These trees are of 
great age, having, as is supposed, seen two centuries. The value of these 
trees is considerable; Mr. Farquharson informed me that, by sawing 
and retailing them, he has got for eight hundred trees five-and-twenty 
shillings each ; they are sawed in an adjacent saw-mill, into planks ten 
feet long, eleven inches broad, and three thick, and sold for two shillings 
a piece. 

"Near this ancient forest is another consisting of smaller trees, 
almost as high, but very slender ; one grows in a singular manner out of 
the top of a great stone, and, notwithstanding it seems to have no other 
nourishment than what it gets from the dews, is above thirty feet high. 

" The prospect above these forests is very extraordinary, a distant 
view of hills over a surface of verdant pyramids of pines. 

" The whole tract abounds with game ; the Stags at this time were 
ranging in the mountains; but the little Roebucks were perpetually 
bounding before us ; and the black game often sprung under our feet 
The roebucks are reared with great difficulty ; even when taken young, 
eight out of ten generally die. The tops of the hills swarmed witfi 
Ptarmigans and Graus. Green Plovers, Whimbrels and Snow-flecks 
breed here ; the last assemble in great flocks during winter, and collect so 
closely in their eddying flight as to give the sportsman opportunity of 
killing numbers at a shot Eagles, Peregrine Falcons, and Goshawks, 
breed here. The Ring-tail Eagle is called here the Black Eagle. I 



384 RECORDS OF IKVERCAULD. 

suspect, from the description, that the Dotrel breeds here:' I heard also 
of a bird, called the Snatach na cuim^^ but could not procure it ; the 
Falcons breed in rocks, the Goshawks in trees ; the last pursues its prey 
an end (?), and dashes through every thing in pursuit ; but if it misses 
its quarry ceases after two or three hundred yards' flight These birds 
are proscribed ; half a crown is given for an eagle, a shilling for a hawk 
or hooded crow.3 

'* Foxes are in these parts very numerous, feeding on roes, sheep, and 
even she goats. 

^ Rooks visit these vales in summer and autumn, to feed on different 
sorts of berries ; but neither winter nor breed here. 

^ I saw, flying in the forest, the greater Bulfinch, whose food is the 
seed of pine cones ; a bird common to the north of Europe and America. 

^ On our return passed under some high clifts, with large woods of 
birch intermixed. This tree is used for all sorts of implements of 
husbandry, roofing of small houses, wheels, fuel ; the Highlanders also 
tan their own leather with the bark ; and a great deal of excellent wine 
is extracted from the live tree. Observed among these rocks a sort of 
projecting shelf, on which had been a hut, accessible only by the help of 
some thongs fastened by some expert climbers, to which the family got 
in time of danger, in former days, with their most valuable moveable&4 

" The houses of the common people in these parts are shocking to 
humanity, formed of loose stones, and covered with sods which they call 
devish (divots), or with heath, broom, or branches of fir ; they look, at a 
distance, like so many black mole-hills. The inhabitants live very poorly, 
on oatmeal, barley cakes and potatoes ; their drink, whisky sweetened 
with honey.5 The men are thin, but strong; idle and lazy, except 
employed in the chace, or any thing that looks like amusement ; are 
content with their hard fare, and will not exert themselves farther than to 
get what they deem necessaries. The women are more industrious, spin 
their own husbands' cloaths, and get money by knitting stockings, the 
great trade of the country. The common women are in general most 
remarkably plain, and soon acquire an old look, and by being much 
exposed to the weather without hats, such a grin, and contraction of the 
muscles as heightens greatly their natural hardness of features : I never ' 
saw so much plainness among the lower ranks of females : but the neplus 
ultra of hard features is not found till you arrive among the fish-women 
of Aberdeen. 

1 This showt how good a Daturalist he was. The dotrel does breed here, or at least did so 
not many years aga 

2 This is the Gaelic name for the Titlark. 

3 See pige 371. 

4 Hence it came to be known as Inoercaulcts Charter Chest. 

5 This mixture, with a little oatmeal added, was commonly known as Athdle-hwe. 



FAMILY PAPERS: JAMES. 385 

" Tenants pay their rents generally in this country in money, except 
what they pay in poultry, which is done to promote the breed as the 
gentry are so remote from any market. Those that rent a small mill pay 
a hog or two ; an animal so detested by the Highlanders, that very few 
can be prevailed on to taste it in any shape. Labor is here very cheap, 
the usual pay being fifty shillings a year, and two pecks of oatmeal a 
week. 

" Pursued my journey east (Aug. 6), along a beautiful road by the 
river side, in sight of the pine forests. The Vale now grows narrower 
and is filled with woods of birch and alder. Saw on the roadside the 
seats of gentlemen high built, and once defensible. The peasants culti- 
vate their little lands with great care to the very edge of the stony hills. 
All the way are vast masses of granite, the same which is called in 
Cornwall Moor-stone. 

" The glen contracts, and the mountains approach each other. Quit 
the Highlands^ passing between two great rocks, called the Pass of 
Ballitir (Ballater), a very narrow strait, whose bottom is covered with the 
tremendous ruins of the precipices that bound the road. This Pass is the 
eastern entrance into the Highlands ; the country now assumes a new 
face ; the edges of the Dee are cultivated, but the rest only in patches 
among which is generally a groupe of small houses. Refreshed my 
horses at a hamlet called Tulloch^ and looking west, saw the great 
mountain Loghiny gair which is always covered with snow." 

In afterwards revising his notes Dr. Pennant found that he had 
omitted to insert several particulars he had observed in his tour. These 
he embodied in " Additions to the Tour in Scotland," sometimes repeat- 
ing what he had formerly written. The following extracts relate to tbe 
district of Braemar : — 

" On the North Side of the river (Dee) lies Dalmore (Mar Lodge), 
distinguished by the finest natural pines in Europe^ both in respect to the 
size of the trees and the quality of the timber. Single trees have been 
sold out of it for six guineas ; they were from eighty to ninety feet high, 
without a collateral branch, and four feet and a half in diameter at the 
lower end. The wood is very resinous, of a dark red colour, and very 
weighty. It is preferable to any brought from Norway^ and, being sawn 
into planks on the spot, brings annually to the proprietor a lai^e revenue. 
On the opposite side of the river is the estate of Inverey^ noted also for its 
pines, but of a size inferior to those of Dalmore. When the river is swelled 
with rains, great floats of timber from both these estates are sent down 
into the Low Countries. 

" In this Vale the Earl of Mar set up the Pretender's standard on 
the 6th oi September 1715 ; and in consequence drew to destruction his 
own, and several of the most noble families in North Britain, 
CCC 



386 RECORDS OF INVERCAULD. 

" On the South side of the river is Glen-Muik, remarkable for a fine 
cataract formed by the river Muik^ which after running for a consider- 
able way along a level moor, at once falls down a perpendicular rock of 
a semicircular form, called the Lin of Muik^ into a hole of so great a 
depth worn by the weight of water, as to be supposed by the vulgar to 
be bottomless. 

'' Almost opposite the village of TuUich is Pananich, noted for the 
mineral waters discovered a few years ago, and found to be very 
beneficial in rheumatic and scrophulous cases, and complaints of the 
gravel. During summer great numbers of people resort there to drink 
the waters, and for their reception, several commodious houses have 
already been built 

" A little below TuUich, ride over the South comer of the hill of 
Culbleen, where soon after the Revolution a bloodless battle was fought 
between King WillianCs forces under the command of General Mackay^ 
and some gentlemen of the country with their dependants. The last 
made such an expeditious retreat that, in derision, it was called the race 
of TuUich.^ 

" The Hill of Culbleen is the South-West extremity of a range of 
mountains which form a deep semi-circle, and enclose on all sides except 
the South a very fertile bottom and five parishes called Cromar, The 
soil, excepting some moors and little hills, is good to the foot of the 
mountains, and produces the best barley in the county of Aberdeen. 
Cromar is the entrance into the Low Countries ; the Erse language has 
been disused in it for many ages, yet is spoken at this time six miles 
West in Glen-gaim. 

" One of the mountains to the West is styled the Hill of Morven, 
is of a stupendous height, and on the side next to Cromar almost 
perpendicular. From the top, the whole country as far as Aberdeen, 
thirty computed miles, seems from this height as a plain ; and the 
prospect terminates in the German Ocean. The other great mountains 
appear to sink to a common size ; and even Lochin y gair ^hdXes of its 
grandeur. About four miles below Culbleen, at Charles-town, ride on a 
line with the Hill of Coull, the South East extremity of the Cromar 
mountains. 

" A little North of Charles-town stands Aboyne Castle, the seat of 
the Earl of Aboyne, amidst large plantations ; but his Lordship's pines 
in the forest of Glen-Tanner yield to none in 5^0'//^^^/ excepting those of 
DcUmore!^ 

I The reference here is to a skirmish between a party of dragoons sent out by General 
Livingstone to apprehend Inverey, alias ^ the '* Black Colonel," who was only saved by the 
legendary feat of Us black mare carrying him up the rocks in the pass of Ballater. The action 
was sometimes known as the Tr^i w race 0* Tuilich. 






FAMILY PAPERS: JAMES. 387 

Finding that the description he had given of Scotland had excited 
general interest Pennant resolved to supplement it with additional 
details, in an appendix. With this view he drew up a series of queries 
much after the manner of those which, a quarter of a century later, 
Sir John Sinclair adopted as the basis of his great work, the " Statistical 
Account of Scotland." These he addressed to some gentlemen whose 
acquaintance he had made in the course of his tour, and published the 
answers he received as appendices to his work. Mr. Farquharson of 
Invercauld was selected to give information regarding forestry. His 
paper finds the first place in the Supplement, and is even yet not 
unworthy of the careful attention of arboriculturists. It is as follows : — 

"APPENDIX, NUMBER I. 
OF SCOTCH PINES 
By James Farquharson of Invercauld." 

" It is generally believed that there are two kinds of fir trees, the 
produce of Scotland^ viz., the red or resinous lai^e trees, of a fine grain, 
and hard solid wood ; the other, a white wooded fir with a much smaller 
proportion of resin in it, of a coarser grain, and a soft spungy nature, 
never comes to such a size, and much more liable to decay. At first 
appearance, this would readily denote two distinct species, but I am 
convinced that all the trees in Scotland, under the denomination of Scotch 
fir, are the same ; and that the difference of the quality of the wood, and 
size of the trees, is entirely owing to circumstances, such as the climate, 
situation, and soil they grow on. These finest fir trees appear in the 
most mountainous parts of the Highlands of Scotland^ in glens or on sides 
of hills generally lying in a Northerly aspect, and the soil of a hard 
gravelly consistence, being the natural produce of these places; the 
winged seeds are scattered in quantities by the winds, from the cones of 
the adjacent trees, which expand in April and May^ with the heat of the 
sun ; these seedlings when young, rise extremely close together, this 
makes them grow straight, and free from side branches of any size, to the 
height of 50 or 60 feet before they acquire the diameter of a foot ; even 
in this prc^ess to height, they are very slow, occasioned by the poorness 
of the soil, and the numbers on a small surface, which I may say makes 
them in a constant state of war for their scanty nourishment, the stronger 
and tallest by degrees overtopping the weaker, and when the winds blow 
they lash against each other, this assists in beating off any horizontal 
branches that might damage the timber with knots, as well as by degrees 
crushing the overtopped trees. In such state of hostility they continue 



388 RECORDS OP INVERCAULD. 

Struggling until the master trees acquire some space around them ; then 
they begin to shoot out in a more bushy manner at the top, gradually 
losing their spiral form, increasing afterwards more in size of body than 
height, some acquiring four feet diameter, and above sixty feet of height 
to the branches, fit for the finest deal board. The growth is still 
extremely slow, as is plainly proved by the smallness of the grain of the 
wood, which appears distinctly in circles, from the centre to the bark. 
Upon cutting a tree overdose to the root, I can venture to point out the 
exact age, which in these old firs comes to an amazing number of years. 
I lately pitched upon a tree of two feet and a half in diameter, as this is 
near the size of a planted fir of fifty years of age mentioned, and I counted 
exactly two hundred and fourteen circles of coats, which makes this 
natural fir above four times the age of the planted one. Now as to 
planted firs, these are raised first in dressed ground from the seed, where 
they stand two seasons or more, then are planted out in the ground they 
are to continue in at regular distances, have a clear circumference round 
them for extending both roots and branches ; the one gives too quick 
nourishment to the tree which shoots in luxuriant growtli^ and the other 
allows many of the branches to spread horizontally, spoiling the timber 
with knots ; besides, this quick growth occasions this thick yearly circular 
coats of wood* which form a coarse grain, of a spungy soft nature. The 
juices never after ripen, into a proportional quantity, their resinous 
preservative balm ; so that the plantations decay before the wood acquires 
age, or a valuable size, and the timber when used in work has neither 
strength, beauty nor duration. I believe the climate has likewise a great 
share in forming the nature of the best wood, which I account for in the 
following manner: The most mountainous parts of the Highlands, 
particularly the Northerly hanging situations, where these fine fir trees 
are, have a much shorter time of vegetation than a more Southerly 
exposure, or the lower open countries, being shaded by high hills from 
the rays of the sun even at mid-day for months together, so that with 
regard to other vegetables nature visibly continues longer in a torpid 
state there than in other places of the same latitude. This dead state of 
nature for so long a time yearly appears to me necessary to form the 
strength and healUi of this particular species of timber. No doubt they 
may at first show a gratefulness for better soil and more sun by shooting 
out spontaneously, but if the plant or tree is so altered by this luxury 
that it cannot attain any degree of perfection fit for the purposes intended, 
the attempt certainly proves in vaia 

" From what is said above, it is not at all my intention to disuade 
from planting Scotch fir, but to encourage those that have the proper soil 
and situation to do so, being of opinion that where these circumstances 
agree, and there, planting not in lines but irregularly and thicker than 
common, the trees will come to be of equal size and value with the 



FAMILY PAPERS: JAMES. 389 

natural ones. In confidence of this, I have planted several millions on 
the sides of hills out of reach of seed from the natural firs." 

Lord Byron. 
The Editor had the following account of his Lordship's visit to 
Invercauld from the gillie who attended him on that occasion, in an 
ascent of Lochnagar. The gillie, whose name was John Davidson, was 
then (1803) a lad in the service of Mr. Farquharson, and being well 
acquainted with the mountains, was told off to guide his Lordship. He 
was an old man, 75 years of age, when he gave the Editor very nearly 
the following account of the expedition : — 

" We set out from Invercauld early in the forenoon, crossed the Dee 
by the old bridge and then up the glen of the Garawalt His Lordship 
rested often and looked at the scenery. He was very quiet and did not 
often speak to me. When we b^an to climb the crags of Loch-an-uan 
I thought he would not be able to scramble up, for he was rather lame, 
and I offered to assist him, but he would not have any help from me. 
When we got to the top he sat a long time on the edge of the rocks 
looking about him, but seldom asked me any question ; and we returned 
the same way we went up." 

To some questions put to Davidson he stated that he thought his 
Lordship would be about 16 or 17 years of age (he was really only 15). 
From Invercauld Byron went to Mar Lodge on a visit to the Earl of 
Fife, and while there narrowly escaped a serious accident at the Linn of 
Dee ; so report has it, but John Davidson knew nothing of this, if it ever 
happened. His visit to Invercauld during the autumn of 1803 was well 
remembered and often spoken of, by people who recollected it when his 
Lordship attained his great fame as the first poet of his age. It is to it 
he refers when writing to his former class-fellow, Charles Gordon of 
Abergeldie, in 1805. The letter referred to is as follows : — 

''Burgage Manor, Aug^ust 14, 1805. 

" Believe me, my dearest Charles, no letter from you can ever be 
unentertaining or dull, at least to me ; on the contrary they will always 
be productive of the highest pleasure as often as you think proper to 
gratify me by your correspondence. My answer to your first was 
addressed to Ledbury ; and I fear you will not receive it till you return 
from your tour, which I hope will answer your expectation in every 
respect ; I recollect some years ago passing near Abergeldie on an 
excursion through the Highlands, it was at that time a most lovely place. 



390 RECORDS OF INVBRCAULD. 

** I suppose you will soon have a view of the eternal snows that 
summit the top of Lachin-y-Gair, which towers so magnificently above 
the rest of our Northern Alps, I still remember with pleasure the 
admiration which filled my mind, when I first beheld it» and, further on, 
the dark frowning mountains which rise near Invercauld, together with 
the romantic rocks that overshadow Mar Lodge, a seat of Lord Fife's, 
and the Cataract of the Dee, which dashes down the declivity with 
impetuous violence in the grounds adjoining the House. All these I 
presume you will soon see, so that it is unnecessary for me to expatiate 
on the subject I sincerely wish that every happiness may attend you in 
your prc^ess. I have given you an account of our match in my epistle 
to Hereforshire. We unfortunately lost it I got 1 1 notches the first 
innings and 7 the 2nd, making 18 in all, which was more runs than any 
of our side (except Ipswich) could make. Brockman also scored 18. 
We were very convivial in the evening." 

" This and a previous letter, No. 30, are written to Byron's Harrow 
friend Charles Gordon, one of his 'juniors and favourites,' whom he 
'spoilt by indulgence,' Grordon, who was the son of David Gordon of 
Abergeldie, died in 1829." The Letters of Lord Byron, (Vol. L p. 77), 
edited by Rowland E. Prothero, MJi, (John Murray). 

At the time of Lord Byron's visit Mr. Farquharson was near the 
close of his long life, with his only child Catherine and her husband. 
Captain Ross, living quietly in family with them. This was doubtless the 
reason why so little notice was taken of the to-be-so-distinguished visitor. 

It may not be amiss here to record some anecdotes of Byron's boy- 
hood on Deeside, especially as few of them have been published, and two 
or three have not yet been printed. 

In an article in The Nineteenth Century, No. 251, January, 
i8g8—'' The Childhood and Schooldays of Byron by R. E. Prothero," 
after some notices of the Poet's boyhood the writer continues : — 

"Other recollections, gathered by the Rev. J. G. Michie, of the 
Manse, Dinnet, relate to Ballatrich, on Deeside, where the boy was first 
sent to recover from illness, and where he afterwards spent portions of his 
summer holidays." He adds : — ^** My informant (writes Mr. Michie) was 
Mrs. Calder, the widow of the farmer of Greystone, in the immediate 
vicinity of Ballatrich, and the daughter of the carpenter referred to. She 
was bom in 1791 (86), died years ago at the advanced age of 86 (91),' 

I The late Mrs. Calder died 10 December, 1882, aged 91 years. She was dierelbre three 
years the poet's junior. 



FAMILY PAPERS: JAME& 39I 

and remembered Byron and his ways very distinctly. Even at that early 
age (eleven or twelve) [he was really only seven or eight]' the wilful, 
intractable disposition, which in riper years too much distinguished the 
character of the noble bard, had begun to display itself. I give the 
following in the words of my informant : ' he was a very takin' laddie, but 
no easily managed. He was fond of coming up to see my father's shop, 
and particularly fond of the turning-lathe ; but he wadna haud his hands 
frae ony o' the tools, and he spoiled them completely before he would let 
them go. My father couldna lay hands on him, and he wad tak nae 
telling ; so at last he set some o' us to watch when we would see him 
coming up the brae frae Ballatrich, and when he got word that he was 
coming he would lock the door of the shop, and gang awa' out about 
There was nae ither way o' deean wi' him.' " 

In the editor's " History of Loch Kinnord," a brief account is given 
of the family with whom Byron then resided which may be still of some 
interest It is as follows : — 

'* It was in the family of Robertson of Ballatrich that the youthful 
Lord Byron resided for sometime, when recovering from an attack of 
fever ; and the name of one member h^ been immortalized by obtaining 
a place in his poetry. Mary, the second daughter, had won the boyish 
affections of the young poet ; and, though he might say, 

* It could not be love, for I knew not the name,' 
certain it is that her image was not effaced from his memory even in the 
later years of his life. Mary was not generally esteemed such a beauty as 
her elder sister, Jane ; but the writer has it from one that knew her in her 
bloom, that 'she was a bonnie lassie for a' that' It may interest the reader 
to know something of the after life of 'Byron's Mary,' as (after the publica- 
tion of his * Hours of Idleness ') she was generally called. Her parents 
were not wealthy, but her mother was well connected. Helen Bland 
Watson McDonald, afterwards Mrs. Robertson of Ballatrich, was the 
lawful daughter of Captain McDonald of Rinetan, whose descent can, 
it is said, be traced from a Lord of the Isles. Mr. Robertson had a large 
family ; one of the younger sons, named Lewis, was playfully styled 
' Lewis XIII.', to mark his place among the other members ; and hence 
arose a saying that one of the kings of France was bom at Ballatrich. 

" Through Captain McDonald's influence three of the sons obtained 
commissions in the H.E.I.C.S., and all rose to the rank of Colonel. 
Other two members of the family were educated for the Roman Catholic 
priesthood, but, it is believed they never entered into orders, owing, it is 

I The yean of hii summer sojourns at Ballatrich were 1795-96-97, when Mrs. Calder was a 
girl of from four to seren years of age. She did therefore remember his ways quite distinctly, and 
often repeated her reooUectioos of him. 



392 RECORDS OF INVERCAULD. 

said, to some difficulties in regard to their taking the oath of celibacy. 
Mary, Lord Byron's first flame, married Kenneth Stewart, an Excise 
officer, then stationed in the parish of Crathie. At his death, which 
occured not many years after his marriage, she removed to Aberdeen, 
where she died ; but her remains were conveyed to the old churchyard 
of Glentanar, where there is a handsome tombstone over her grave, 
bearing the following inscription : — 

" Sacred to the memory of James Robertson, who departed this life 
on 4th day of April, 1814; aged 71 years ; and of Helen McDonald, his 
spouse, who died on the nth day of August, 181 3, aged 60 years ; also 
of Mary Robertson, their daughter, widow of Kenneth Stewart, who died 
at Aberdeen on 2nd March, 1867, aged 85 years." 

It thus appears that the Mary Robertson — ' My Sweet Mary ' — 
was the poet's senior by six years. 

Another anecdote is recorded in a booklet — a memoir of Stewart 
Clark, by S. E. S. C (Tindell & Cox) p. 20-21. William Clark, who lived 
near Pannanich, was the uncle of the subject of the memoir and a great 
mechanic. 

" He was also a great favourite with the boy, Byron ; and it is to be 
r^retted there is no written record of their intercourse. He liked to 
supply him with flies of his own manufacture for fishing. One interest- 
ing fact is remembered that he used to positively declare that the Mary 
mentioned in Byron's poems called " Hours of Idleness " was not Mary 
Dufl*, as generally supposed, but a Mary Robertson, who lived in a place 
called Gamshill (Gaimshiel) near the foot of Morven. The Robertsons 
were of a good family, and Byron used often to go to Gamshill to fish 
in the Gaim and often talked of his lady love, being a very precocious 
boy." 

It is perhaps necessary to explain that Mary Robertson frequently 
lived with her grandfather, Captain McDonald of Rineton, near 
Gaimshiel, where there was good trout fishing, a great attraction, as it 
would appear, for Byron — perhaps Mary Robertson was another. 

, The impressions made on the mind of Lord Byron by the scenery of 
the Dee valley in his early boyhood were not evanescent, but became 
deeper and stronger with his advancing years. His earliest eflusion on 
the subject is perhaps that beautiful ode beginning : — 

" When I roved, a young Highlander, o'er the dark heath, 
And climbed thy steep summit, oh, Morven of snow ! " 



FAMILY PAPERS: JAMES. 393 

on which Mr. Coleridge, the editor of Mr. Murray's new edition of the 
poetry of Byron, has a note of some length, the substance of which has 
already been given. 

This was followed by the well known stanzas on Lochnagar — 

" Away, ye gay landscapes, ye gardens of roses ! 
In you let the minions of luxury rove ; " 

to which the poet himself prefixed the following note : — 

*' Lachin y Gair, or as it is pronounced in the Erse, Lochna Garr, 
towers proudly pre-eminent in the Northern Highlands, near Invercauld. 
One of our modern tourists mentions it as the highest mountain, perhaps, 
in Great Britain. Be this as it may, it is certainly one of the most 
sublime and picturesque amongst our " Caledonian Alps." Its appear: 
ance is of dusky hue, but the summit is a seat of eternal snows. Near 
Lachin y Gair I spent some of the early part of my life, the recollections 
of which have given birth to the following stancaa" 

Any little incident in the course of his travels was sure to recall 
memories of Braemar and Deeside. In appendix to Childe Harold, 
Canto second, Note [B] he observes : — 

"The Amaouts, or Albanese struck me forcibly by their resem- 
blance to the Highlanders of Scotland, in dress, figure and manner of 
lining. Their very mountains seemed Caledonian, with a kinder climate. 
The kilt, though white ; the spare, active form ; their dialect, Celtic in its 
sound ; and their habits, all carried me back to Morven." 

And when more serious thoughts were forced on his mind what 
could be more pathetic or more strongly show how affectionately his 
mind dwelt on the scenery and associations of his early life than the 
stanza in " The Adieu," written under the impression that he was soon 

to die : — 

'' Adieu, ye mountains of the clime 
Where grew my youthful years ; 
Where Loch na Garr in snows sublime 
His giant summit rears. 

Why did my childhood wander forth 
From you, ye regions of the North, 
With sons of pride to roam ? 
Why did I quit my Highland cave, 
Man^s dusky heath, and Dee's clear wave, 
To seek a Southeron home ? 
PDD 



394 RECORDS OF INVERCAULD. 

And then in the opening stanzas of the tenth canto of " Don Juan " 
it needed only a reference to Sir Walter Scott and Lord Jeffrey to 
awaken in Byron's mind his boyish reminiscences of Aberdeenshire : — 

" Here's a health to * Auld Lang Syne.' " 

" And when I use the phrase of * Auld Lang Syne ' I 
Tis not addressed to you — the more's the pity 
For me, for I would rather take my wine 
With you, than aught (save Scott) in your proud city. 
But somehow, — it may seem a schoolboy's whine, 
And yet I seek not to be grand or witty. 
But I am half a Scot by birth, and bred 
A whole one, and my heart flies to my head. — 

" As ' Auld Lang Syne' brings Scotland one and all, 
Scotch plaids, Scotch snoods, die blue hills and clear streams 
The Dee, the Don, Balgounie's brig's black wall, 
All my boy's feelings all my gentler dreams 
Of what I then dreamt, clothed in their own pall, 
Like Banquo's off-spring ; — ^floating past me jseems 
My childhood in this childishness of mine : 
I care not — 't a glimpse of * Auld Lang Syne.' 

" And though, as you remember in a fit 
Of wrath and rhyme, when juvenile and curly, 
I rail'd at Scots to show my wrath and wit, 
Which must be owned was sensitive and surly, 
Yet 'tis in vain such sallies to permit, 
They cannot quench your feelings fresh and early : 
I ^ scotch'd not killed ' the Scotchman in my blood. 
And love the land of * mountain and of flood.' " 

To this the poet added the note — 

^ The brig of Don, near the * Auld toun ' of Aberdeen, which is one 
arch, and its black deep salmon stream below, is in my memory as 
yesterday. I still remember, though I may misquote, the awful proverb 
which made me pause to cross it, and yet lean over it with a childish 
delight, being an only son at least by the Mother's side. The saying 
as recollected by me was this, but I have never heard or seen it since I 
was nine years of age : — 

'* Brig of Balgounie, black's your wa', 

Wi' a wife's ae son, and a mear's ae foal, 

Doun ye shall fa' I " 



FAMILY PAPERS: JAMES. 395 

And lastly in " The Island/' a poem written a year or two before 
Lord Byron's death, we have these lines (Canto II. Stanza xii.) : — 

" He who first met the Highland's swelling blue 
Will love each peak that shows a kindred hue» 
Hail in each crag a friend's familiar face. 
And clasp the mountain in his mind's embrace. 
Long have I roam'd through lands which are not mine. 
Adored the Alp, and loved the Apennine, 
Revered Parnassus, and beheld the steep 
Jove's Ida and Olympus crown the deep : 
But t'was not all long ages' lore, nor all 
Their nature held me in their thrilling thrall ; 
The infant rapture still survived the boy, 
And Loch na Garr with Ida looked o'er Troy, 
Mix'd Celtic memories with the Phrygian mount, 
And Highland linns with Castalie's clear fount" 

" When very young " (he adds in a note), " about eight years of age, 
after an attack of scarlet fever at Aberdeen, I was removed by medical 
advice, into the Highlands, and from this period I date my love of 
mountainous countries. I never forgot the effect, a few years afterwards, 
in England, of the only thing I had long seen, even in miniature, of a 
mountain in the Malvern Hills. After I returned to Cheltenham, I used 
to watch them every afternoon, at sunset, with a sensation which I cannot 
describe." 



MONALTRIE PAPERS, 
1710-1791. 

NOTES FOR MEMOIR OF FR.VNCIS FARQUHARSON OF MONALTRIE, 
THE "BARON BAN*' OF THE '45. 

Francis Farquharson was the son of Alexander Farquharson, 
1st laird of the 2nd family of Monaltrie, and Anne, daughter of 
Francis Farquharson of Finzean by his wife, a daughter of Arbuthnot 
of Findowrie. 

He was bom in the year 1710, and was thus at the age of 34 or 35 
when the rebellion broke out in 1745. He was older by 10 or 11 years 
than his cousin, James, Yor. of Invercauld. 

We have no authentic accounts of his early training, but it is highly 
probable that, as a son of a small proprietor, he would have been bred to 
some profession; and as we find in 1738-40 he was accredited com- 
missioner for his uncle, John of Invercauld, it is likely that he was bred 
to the law, and there is evidence already adduced that he administered 
the afTairs of the Invercauld estates for several years prior to the out- 
break of the '45. Why he should have embarked in that disastrous 
enterprise while his employer, his uncle, John of Invercauld, was opposed 
to it has never been satisfactorily explained ; but when we know that 
John's own daughter. Lady Mcintosh, entered keenly into the insurrection, 
we see how much families were divided in their political sentiments at 
the time, and need not be much surprised at the action taken by the 
"Baron Ban." 

He was too young to have formed any settled political opinions at 
the time of the Jacobite expedition of 1719; but as the following is 
enclosed among the Monaltrie papers, it is here inserted as of some 
historical importance. In the account of the Expedition to Glenshiel, 
1 7 19, it was intended that the command should be given to the Earl 
Marischal, but by some finessing a commission from the Chevalier was 
produced, which had been intended for investing the chief command in 
the Marquis of Tyllibardine, who accordingly took the command. The 
following, not marked as a copy^ found among the Monaltrie papers in 
MS. seems to have been the manifesto issued on the occasion : — 




V 




-f. 



<^ ?t<////Y,j(" y/ ^a//^/r U/^/ 



^ 



f^Lk^/ ^ .>^/m 






MONALTRIE PAPERS. 397 

" The King having Impartially considered both the sufferings of the 
Royal! Family and the Troubles and dismal prospects of these King- 
domesy and being fully resolved by the help of God to recover his own 
Right and restore the peace and posterity (prosperity ?) of these Unhappy 
Nations, he is most heartily willing to remove all objections, and to give 
the utmost satisfaction that is in his power, not only to the Just 
expection, but even to the wishes of his people. 

"Time and the visible hand of providence have fully bafled and 
exposed some hellish and absurd Calumnies, and many of his most 
eminent opposers have been obliged att Last to acknowledge his right of 
blood and heredictary Title. 

" As to the Chief Objection that remains, the Difference of Religion, 
his Majesty hopes that all good men will consider that he was forced out 
of his Country in his Cradle, and that every bodies Education being the 
choice and business of their parents, he was educated by his parents in 
the religion, and in that church which they themselves thought to be the 
best, and now Since he has been thus educated and never seen any other 
Church, If he should declare himself a protestant very few of his friends 
would believe him, and his enemies would be sure to turn it against him 
hot only as a mean and dishonourable but a dangerous dissimulation. 

" It is not possible for him in his present circumstances to enter into 
Disputes in matters of Religion, and publick and formal Disputes are 
rarely attended with any real advantage, but as soon as it pleases God to 
give him the full and free opportunity of Conversation with his own 
Subjects, he promises upon his honour, that he will fairly hear and 
examine what ever Churchmen and Laymen shall represent in these 
matters, and whatsoever shall be the Result as to his private Opinion, 
his Administration shall be according to the Laws and Constitution 
without giving the least ground of offence or making the Least 
Incroachment 

" The Church of England has reason to be assured of his particulair 
favour as well as protection, considering the early assurance he gave in 
his Instructions bearing date in 1703, to which he adhers and faithfully 
will perform. 

" He thinks the Interest of the Church of England and that of the 
Crown to be the same. They have always sto^ and fallen together 
and the one has been always struck att through the other, her former 
Loyalty has [is] Justly kind in the Esteem of all the World, nor ought 
her principles to be reproached for the fault of those who have unhappily 
departed from them in there (sic) pratice. 

" As the King will put it out of his power to do any hurt in matters 
of Religion, so he gives all possible assurance to the security of all other 
things, the rights and Liberties and even the Satisfaction of his people, 
being fully resolved from the most solid and Impartiall Consideration to 



398 RECORDS OF INVERCAULD. 

make the Law of the Land the Rule of his Government, and to conform 
himself to the advice of Parliaments which he considers to be the 
Security of the King as well as the people. 

" AU^ ranks and Conditions of men will find their account in doing 
their duty. The Experience he hath gott in Suffering abroad by the 
misfortunes of the Royal Family, he will improve for the good of his 
people, and for settling the Government in the affections of his subjects. 
And as none but he can be Capibel of curing the calamities and 
devisitions of these nations, so he will use his utmost endeavours for 
that end as the true and Impartial father of his Country. 

"* And as he designs to do all that is possible on his part for the 
happiness and satisfaction of his people. So he hopes that all wise 
Protestants whatsoever, Laying aside all prejudices will fairly meet his 
good Intentions and give him one of the best Arguments in the world 
in favour of protestants, which is doing him Justice, the essential part 
of Religion. 

** He is resolved never to abandon what is his Right by the Laws of 
God and man ; the consequences of a disputed Succession which has 
excluded so many others of the best families in Europe as well as him- 
selfe must be fatal to this and after Generations. For his own part 
whatever shall happen att any time to be the Situation of affairs in 
Europe he hopes always to have friends to espouse so just a Cause, and 
there can be no other way to cure or prevent the Calamity and Con- 
fusions of unsettled nations, but by restoring of right and establishing of 
Government Upon Just, Loyal and ancient foundations. 

'' For these and many other undeniable reasons his Majesty hopes 
that those who have any regard for their own or posteritys happiness 
will in cool blood open their eyes and consider how inconsistent it is 
with wisdom and Interest as well as Christianity to continue any 
Injustice which has already cost so many Millions of men and money 
and to run on further in the Labyrinth when the only remedy is not only 
Just and honourable but natural, easy, and certainly the Interest of every 
man who is not his own enemy. 

January 3d 

There is also in the same parcel of papers in MS. : — 

'' Declaration of James the 3rd King of England, Scotland & Ireland 
&c., To all his loving subjects of the Su-ee Nations and to all foreigne 
Princes & states to serve as a foundation for a lasting peace in Europe.*' 

But as this document is well known in history it is thought un- 
necessary to insert it here. It is dated '*at our Court at Lucci this 
present loth of Septr. and in the aist year of our Reign." 



MONALTRIE PAPERS. 399 

The first movement on Deeside on behalf of the exiled Stuart 
family originated with Lord Lewis Gordon. He appointed Francis 
Farquharson of Monaltrie and James Moir of Stoneywood to be colonels, 
under whom, in various positions of command, were Charles Gordon of 
Blelack, young and rash ; Gordon of Pronie, from his great stature styled 
** Muckle Pronie " ; Harry Farquharson of Whitehouse, in thb Braes of 
Cromar ; James Farquharson of Balmoral, and some others of less note. 
These, however, did not go into England, nor did they join the Prince's 
army till about the 15th January, 1746, when it was laying si^e to 
Stirling Castle. They were all present at the Battle of Falkirk on 17th 
January, and shared in the victory over General Hawley. They formed 
with the men of Athole and Angus, the second line of battle, and the 
victory was almost complete before they were brought into action. 

The first duty imposed on his officers by Lord Lewis was to raise 
men and money throughout the district Immediately on Invercauld's 
understanding that his nephew, Monaltrie, intended to embark in the 
cause of the Prince, he deprived him of his commissionership ; but during 
his tenure of that office he had acquired considerable influence with the 
tenantry, which his suave manner and kindly disposition had much 
increased. Nevertheless, much difficulty was experienced in raising the 
men. As late as the 26th November, 1745, we find Lord Lewis writing 
to Stoneywood: — 

'' I ame to send you fifty or sixty men from this place which I hope 
will be suficient, with what yon already have, to enable you to reduce 
the outstanding people to reason. I find it is the opinion of every bodie 
that base tryed uie recruiting in that way, that there is no receding from 
demands, or giveing the least concessions ; and I doubt not but you will 
find it the btst way to threaten a great deall, and even do some strong 
things to those who are most refractory. I have a letter from Blelack, 
who hase execute his orders to very good purpose, notwithstanding what 
opposition he met with from Invercale, whose people as well as Lord 
Braco's in that countrey, he has obliged to comply. No pains shall be 
spared to raise the men, as proposed, from the valued rent : and for that 
end as soon as I finish this, am to make out leters to severall gentlemen 
in ten or a dozen parishes round to have their different quotas of men 
here, under the pain of military execution, which I ame resolved stricklie 
to execute against every deficient heritor. 

Lewis Gordon." 

Monaltrie continued in this employment until near Christmas, when, 



MONALTRIE PAPERS, 
1710-1791. 

NOTES FOR MEMOIR OF FRANCIS FARQUHARSON OF MONALTRIE, 
THE "BARON BAN" OF THE '45. 

Francis Farquharson was the son of Alexander Farquharson, 
1st laird of the 2nd family of Monaltrie, and Anne, daughter of 
Francis Farquharson of Finzean by his wife, a daughter of Arbuthnot 
of Findowrie. 

He was bom in the year 17 10, and was thus at the age of 34 or 35 
when the rebellion broke out in 1745. He was older by 10 or 11 years 
than his cousin, James, Yor. of Invercauld. 

We have no authentic accounts of his early training, but it is highly 
probable that, as a son of a small proprietor, he would have been bred to 
some profession ; and as we find in 1738-40 he was accredited com- 
missioner for his uncle, John of Invercauld, it is likely that he was bred 
to the law, and there is evidence already adduced that he administered 
the affairs of the Invercauld estates for several years prior to the out- 
break of the '45. Why he should have embarked in that disastrous 
enterprise while his employer, his uncle, John of Invercauld, was opposed 
to it has never been satisfactorily explained ; but when we know that 
John's own daughter. Lady Mcintosh, entered keenly into the insurrection, 
we see how much families were divided in their political sentiments at 
the time, and need not be much surprised at the action taken by the 
"Baron Ban." 

He was too young to have formed any settled political opinions at 
the time of the Jacobite expedition of 17 19; but as the following is 
enclosed among the Monaltrie papers, it is here inserted as of some 
historical importance. In the account of the Expedition to Glenshiel, 
1 7 19, it was intended that the command should be given to the Earl 
Marischal, but by some finessing a commission from the Chevalier was 
produced, which had been intended .for investing the chief command in 
the Marquis of Tyllibardine, who accordingly took the command. The 
following, not marked as a copy^ found among the Monaltrie papers in 
MS. seems to have been the manifesto issued on the occasion : — 



MONALTRIE PAPERS. 4OI 

Scotland The junction took place, as already stated, at Stirling, while 
the army was engaged in besi^ing the castle. The battle of Falkirk 
was fought on the 17th of January, 1746, a brilliant but fruitless victory 
for the Highlanders. 

In the battle, which was planned and conducted by Lord Geoi^e 
Murray, Monaltrie with his Farquharsons occupied the 2nd line along 
with the Athole men, the Ogilvies, Gordons, and some Lowland 
regiments. They came into action just at the critical moment and 
secured a complete victory. It is needless to describe the battle as that 
has been done by many pens. The loss of the Farquharsons was slight, 
the only person of note in Monaltrie's regiment who suffered was James 
Farquharson of Balmoral, who was a man much past middle-life, and 
whose wound, though not serious, disabled him from taking any further 
part in the rising. \ 

After the action the army returned to prosecute the si^e of Stirling 
Castle, where Monaltrie's and Blelack's men had much hard work in 
the trenches, work which the other Highlanders did not at all relish. 
Finding their efforts to take the Castle in vain, they raised the siege, and 
on the I St of February set out on their retreat to the North. At Crieff 
the army broke up into two parties, one following the Highland road 
through Blair Athole.' This division was commanded by the Prince in 
person. 'The other party, under Lord George Murray, took the Lowland 
road to Aberdeen. At Coupar-Angus, where they arrived on the 
3rd February, the contingent under Stoneywood and Monaltrie took 
the short way over the Capel Munth. 

On their arrival at Cortachy on the 4th February, the colours were 
lodged and the men dismissed to shift for themselves for two days. On 
the 6th they assembled in Clova; but, the weather being bad, they 
returned to Cortachy. On the 9th the colours were again up the Glen 
in Clova. Here they were storm-stayed for two days ; but on the 12th 
they succeeded in crossing the Capel Munth and reaching the Spittal 
of Glenmuick. From this, on the 13th, they proceeded to Glenmuick 
Kirk, and thence next day — being Friday — to Coldstone in Cromar. 
Here the men were rested for only one day, the colours being conveyed 
to Tarland. On the i6th February they marched all the way to Reny 
(Rhynie) and next day to Keith.' After this there was a good deal of 

I Spaiding CM MUuUai^^ Vol, /., pp, »77'439- 
EEE 



MONALTRIE PAPERS. 
1710-1791- 

NOTES FOR MEMOIR OF FR.VNCIS FARQUHARSON OF MONALTRIE, 
THE "BARON BAN" OF THE '45. 

Francis Farquharson was the son of Alexander Farquharson, 
1st laird of the 2nd family of Monaltrie, and Anne, daughter of 
Francis Farquharson of Finzean by his wife, a daughter of Arbuthnot 
of Findowrie. 

He was bom in the year 17 10, and was thus at the age of 34 or 35 
when the rebellion broke out in 1745. He was older by 10 or 11 years 
than his cousin, James, Yor. of Invercauld. 

We have no authentic accounts of his early training, but it is highly 
probable that, as a son of a small proprietor, he would have been bred to 
some profession ; and as we find in 1738-40 he was accredited com- 
missioner for his uncle, John of Invercauld, it is likely that he was bred 
to the law, and there is evidence already adduced that he administered 
the affairs of the Invercauld estates for several years prior to the out- 
break of the '45. Why he should have embarked in that disastrous 
enterprise while his employer, his uncle, John of Invercauld, was opposed 
to it has never been satisfactorily explained ; but when we know that 
John's own daughter. Lady Mcintosh, entered keenly into the insurrection, 
we see how much families were divided in their political sentiments at 
the time, and need not be much surprised at the action taken by the 
"Baron Ban." 

He was too young to have formed any settled political opinions at 
the time of the Jacobite expedition of 17 19; but as the following is 
enclosed among the Monaltrie papers, it is here inserted as of some 
historical importance. In the account of the Expedition to Glenshiel, 
1 7 19, it was intended that the command should be given to the Earl 
Marischal, but by some finessing a commission from the Chevalier was 
produced, which had been intended for investing the chief command in 
the Marquis of Tyllibardine, who accordingly took the command. The 
following, not marked as a copy^ found among the Monaltrie papers in 
MS. seems to have been the manifesto issued on the occasion : — 



MONALTRIE PAPERS. 4O3 

Donald Farquharson of Auchriachan was a Captain in Monaltrie's 
regiment, and an ancestor of the Alargue family. It is easy to see where 
he was to get the Highland plaids and tartans. The House of Inver- 
cauld was well stored with these articles, and Donald had no scruples in 
making free with them. 

The Farquharsons, or such of them as could be kept together, were 
quartered in Moray and Nairn — the country where Lochiel of old 
thought every man was entitled to take his prey, and where, it is feared 
some of the Farquharsons acted on that principle ; for they had become 
very unruly, and cannot altogether be exculpated from having had some 
share in plundering the House of Cullen. It took all Mr. Farquharson's 
influence to prevent them from behaving in a somewhat insulting 
manner to the inhabitants. This will further appear in declarations 
which were afterwards made by ministers and others in his behalf. 

In the battle of CuUoden, which took place on the i6th day of 
April, 1746, the Farquharsons were not present in full force. Most of 
the Inverey men had remained at home after reaching their own country 
from the south, and when called out were too late to take part in the 
battle, being only in time to meet the fugitives some five or six miles 
from the fatal field. Those who were in time were joined to the 
M'Intoshes, and were the first to make the attack on the English, 
having their station on the right centre of the front line of battle. 

There is no need to describe the action, which only lasted about 
forty minutes ; everyone knows how it ended. Blelack and Stoneywood 
escaped, Monaltrie was taken prisoner, and Harry Farquharson, of 
Whitchouse, slain on the field The havoc among the rank and file was 
fearful ; but no account has survived of the slaughter of the Deeside 
contingent. 

Sir Henry Ponsonby, writing under the nom-de-plume of SEBASTIAN, 
in Scottish Notes & Queries, Vol. IV., gives the following account of the 
action of the Farquharsons in the battle :— 

" A mixed brigade contained contributions from various clans, and 
was commanded by the Chief of Maclachlan. But after he was killed in 
an early part of the action by a round shot, Lieut Colonel Francis 
Farquharson led the corps. It originally consisted of 500 Frasers, under 
Fraser of Inverallachie, 500 Macintoshes, 300 Farquharsons from Mon- 
altrie and Balmoral, under Farquharson of Monaltrie, 40 Maclachlans, 
and 400 Macleans, under Maclean of Drimmin. The next body con- 
sisted of 400 Macleods. Then the Chisholms under their own chief" 



404 RECORDS OF INVERCAULD. 

Francis Farquharson of Monaltrie, the "Baron Ban" was taken 
prisoner at Culloden, as already stated. From Inverness he was sent in 
a transport vessel to London with several others in the same unhappy 
position. It was generally remarked of him that he was the handsomest 
and finest-looking officer in the Prince's army. 

On his arrival in London he was first committed to the Tower and 
afterwards to the Marshalsea Prison. His name appears in a long list of 
attainted leaders in the rebellion issued by the Government early in 
May, 1746. In this list also are included the names of Lord Geoige 
Murray, Lord Lewis Gordon, James Moir of Stoneywood, John Gordon 
of Glenbucket, and several other gentlemen belonging to the north- 
eastern shires. In a " List of the rebel officers, prisoners on board the 
transports arrived at Woolwich," he is styled Colonel Francis Farquhar- 
son, and ranks fourth among forty-five taken at the battle of Culloden. 
A bill of indictment for high treason was lodged in court against him on 
23rd August, where he is described as " Francis Farquharson, Colonel of 
his own regiment," and along with him a " John Farquharson, Captain 
in ditto." We have not been able to discover for certain who this 
Captain John Farquharson was, but think he was the Laird of Allen- 
quoich in Braemar. True bills for high treason were found against them 
and the other prisoners mentioned in the previous list ; and they were 
remanded till their trial should be fixed. 

" On Tuesday, 2nd September, Mr. Justice Foster being seated on 
the bench, at St. Margaret's Hill, Mr. Attorney-General moved that the 
prisoners, against whom Bills of Indictment were found, might be 
brought to the Bar and arraigned thereon." This was done, when 
eighteen of them, among whom were Monaltrie and his captain, John 
Farquharson, pleaded not guilty. "And then the Court adjourned to 
13th October." Up to that time almost every available day was 
occupied by the court sitting at St Margaret's Hill, Southwark, trying 
the rebels, who were brought in batches of ten or a dozen at a time. 
During these trials some curious items of information were elicited. 

A curious scrap with marks v after most of the names has this 
docket upon it: — 

" This is supposed to be a List of those who were Prisoners with 
Francis Farquharson of Monaltrie in the New Jail in 1746. 



MONALTRIE PAPERS. 405 

1 Sir James Kinloch, v. 

2 Sir John Wedderbum, v. 

3 Francis Farquharson, v. 

4 Fina, Farquharson, v 26 Charles Kinloch, v 

5 Henry Ker, v 27 Alexr. Kinloch, v 

6 James Stuart, v 28 Alex. Gumming, dead, v 

7 James Bradshaw, v 29 Adam Hay, v, 

8 George Hay, 30 Thomas Lindsay, v 

9 Gabriel Fox, v 31 Peter Cushnie, v 

10 Chas. Oliphant, V says his name is Patrick. 

11 William Moore, v 32 Alexander Low, Junr., v 

12 Roderick McCullock, xv 33 John Duncan, dead, v 

13 John Campbell, dead reced. v 34 Nichs. Glass, v 

14 Andrew Wood, v 35 Peter Calder, 

15 Allen Cameron, xdiDarv 36 Willm. McCorre, 

16 Duncan C?ordon, v 37 Alexander McLauchlan, v 

17 Geo. St Clair, v 38 Alexr. Buchanan, v 

18 Colin McKenzie, v 39 Jno. Kerns, dead, v 

19 Rod : E. McKenzie, v 40 Kenneth McKensy, v 

20 Wm. McKenzie, v 4i John Gray, v 

21 Hector McKenzie, v 42 George Law, v 

22 Tho : Watson, v 43 James Stormont, v 

23 Andrew Spark, v 44 James McCuddie, — dv 

24 Alexr. Grant, v 45 Lancelot Colbert, v." 

25 James Rattray, Junr., v 

Before the trial came on several of the prisoners of the less pro- 
minent rank had made their escape, sometimes by very ingenious 
contrivances. Only the leaders and those against whom some special 
crime was charged seem to have been very strictly guarded. At Carlisle 
127 prisoners were put upon trial, of whom 91 received sentence of death, 
but they were not all executed. If not so many at York there were 
more in London. Before the eventful 13th October it had become 
evident that the wisest course for the prisoners was to plead guilty, and 
throw themselves on the king's mercy. The English people had become 
sated with executions, and were now more disposed to mercy, especially 
as the rebellion seemed to be thoroughly stamped out Accordingly, 
when put on their trial, both Colonel Francis Farquharson and his 
captain, John, pleaded guilty ; but no symptom of mercy appeared in 
either judge or jury, and sentence of death was passed upon them. 
Whether the captain suffered is not known ; but this is what we read 
of Monaltrie: — 



406 RECORDS OF INVERCAULD. 

" The rebels who were executed on Kensington Common, on 28th 
November, behaved with much unconcern. Hamilton smiled several 
times before he was put into the sledge, and Wood called for a glass of 
wine and drank the Pretender's health. Colonel Farquharson, Thomas 
Watson, and James Lindsay were to have suffered with them ; but the 
two former were reprieved early in the morning, and the last as he was 
haltering to go into the sledge." 

Though Monaltrie was reprieved he was not pardoned, and was sent 
back to prison to wait the king's further pleasure 

Meantime his friends in Scotland were getting up Petitions for his 
pardon and release. The following will show the estimation in which he 
was held by the ministers of the Church of Scotland : — 

"TO HIS GRACE THE DUKE OF NEWCASTLE 
One of His Majesty^ s Principal Secretary s of State, 

"The humble Petition of the Moderator and 
Presbitiry of Kincardine in the shire of Aberdeea 

" Sheweth, 

That Francis Farquharson, now a Prisoner in the new Gaol 
Southwark for High Treason, is the son of Alexander Farquharson of 
Monaltrie, who on all occasions acquited himself as a Firm Friend to the 
present Government in Church and State, and served both very faithfully 
while he lived, in the character of a Ruling Elder and Justice of Peace. 

" That Francis Farquharson, the son, having resided mostly in our 
neighbourhood his character and position are well known to us (the pc^r 
is lure so torn as to be illegible over a whole line) given us great satis- 
faction. Not only as it was agreeable to the dictates of Humanity and 
strict morality, but in regard that He was extreemly active in promoting 
and encouraging Industry among the Poor, And in carrying on great 
roads. Bridges, and other public Works very useful in this Country ; In 
promoting Charity Schools, so necessary for instilling good Principals 
into our Youth, and generally in assisting Us with all his power in the 
exercise of those Christian Dutys our Functions require. 

"And though he was unhappily seduced into this Rebellion, by 
Persons of greater Art who practiced upon his understanding, yet his 
Humanity and social Virtues continued unpoluted by the dangerous 
influence that there prevailed, as appeared in [his] moderate betaviour 
to, and Protection of Us, from the Dangers to which our Loyalty to His 
Majesty exposed us at the time; And in his Lenity towards His 
Majesty's Officers who were taken Prisoners by the Rebel Army, which 
several of them have been so generous as to acknowledge, was the means 
and ... by which they were inabled to make their Escape. 



MONALTRIE PAPERS. 4P7 

" Your Petitioners being sensible of the Truth of these Facts, b^ 
leave humbly to Represent them to Your Grace. The great interest We 
have in this unhappy young Gentleman, as being the Son of a Worthy 
member of Our Church as well as " (a whole line is lure torn and unread- 
able ; the succeeding line is almost in the same state but seems to read thus :) 
" For his personnal good qualities ; And our firm persuasion of his 
unfeigned sorrow and repentence for the . . . commited, and that 
in Case his Life is spared he will prove for the Future a most grateful! 
as well as dutyfuU Subject to His Majesty and a usefuU member of 
Society, are the powerful Inducements that inforce Us, My Lord, to 
make this our most earnest Application to Your Grace for Your powerful 
intercession in his Favour with His Majesty, whose Royal Mercy in this 
Instance will fill Our hearts with the greatest Joy and Thankfulness, as 
a peculiar mark of his Royal Bounty to Us and Our Bretheren who shall 
not fail to offer up Our Daily Prayers to Almighty God to bless His 
Majesty and His Royal House and Progeny to the latest Generations. 

"James Paterson, Minister at Coull, Moderator of 
the Presbitery. 

James Robertson, Minister at Innermuck. 

Jo : Shepherd, Minister at Logic Coldston. 

Geo : Shepherd, Minister at Tarland. 

Greo : Shepherd, Minister at Aboyne. 

William Abel, Minister at Kincardine O'Neil. 

James Douney, Minister at Lumphanan. 

Alexr. Garioch, Minister at Midmar. 

Ro : Michie, Minister at Cluny. 



M[artin] Shank, Minister at Banchory Teman. 
L[ewis] Reid, Minister at Strachan. 
A[lexander] Garden, Minister at Birse." 

Another petition, with the same object and addressed to the same 
quarter by the Presbytery of Alford, after setting forth the particulars 
contained in the first paragraph of the above, proceeds : — 

"And though he unfortunately fell into the Infatuation of the 
dangerous Rebellion above mentioned, yet we have undoubted Infor- 
mation that his Natural Benevolence was not corrupted by the ill 
Example or Influence of Others; but on the conterary that his 



408 RECORDS OF INVERCAULD. 

Behaviour to His Majesty's Officers and soldiers, who were Prisoners 
in his Care, as well as to many of Our Bretheren, the Clergy, and others 
His Majesty's faithful subjects, was always humane and to the utmost 
of his power Indulgent. 

" We further humbly Represent that from our knowledge of the said 
Francis Farquharson and his character We are fully persuaded that in 
case His Majesty shall be graciously pleased to spare his Life, he will 
prove for the future, a sincerely Loyal and Dutiful Subject to His 
Majesty, and an useful member of Society ; and utterly incapable of 
relapsing into the like wicked Delusion. 

" From these motives We beg leave Humbly to Interest ourselves in 
favour of this unhappy Object of Your Gracious' Compassion and as it 
would give us and our Bretheren in this county the greatest Satisfaction 
to have him restored to his Country, by virtue of His Majesty's great 
and known Clemency, We most earnestly and with the greatest sub- 
mission, request and entreat your Grace's Most powerful Intercession 
with His Majesty on his behalf for a Pardon of the Crimes he hath 
commited ; Which We shall ever acknowledge as a most Gracious 
mark of His Majesty's Bounty to Us and Our Bretheren Who shall ever, 
as we have hitherto Done, offer up Our Prayers to Almighty God to 
shower down Blessings on His Majesty and his Royal House. 

" This memorial is perscribed (sic) by 

Tho : Gordon, Minister of Cabrach, and 
Moderator of the Presbitery. 

James Lumsden, Minister at Towie. 

John Lumsden, Minister at Strathdon. 

Wil. Thain, Minister at Auchendore. 

Pat Reid, Minister at Clatt 

Wal. Syme, Minister at Tillynessel. 

Alexr. Strachan, Minister at Keigg. 

Wil : Miln, Minister at Kildrimmie. 

Thos. Reid, Minister at Leochel. 

Fms. Adam, Minister at Cushny." 

The above two papers are much chafed and torn through frequent 
handling. They are evidently duplicates although not so described. 

The ministers of the Presbytery of Kincardine O'Neil were, however, 
not satisfied with merely such a formal petition, but addressed another 



MONALTRIE PAPERS. 409 

memorial in which many particulars of the life and circumstances of 
young Monaltrie are set forth. There are two copies of this document 
both bearing the autograph signatures of the several ministers. It is 
interestii^ as containing these particulars, and is therefore given in 
exUnso: — 

" Wee cannot ommit to declare our Concern for Francis Farquharson 
of Monaltrie who has been unhappily Seduced to enter into this Un- 
natural Rebellion. — He is the son of Alexander Farquharson of 
Monaltrie, Who did on all occasions acquitt himselfe a firm friend to the 
present Government in Church and State, and Served both very faithfully 
in the character of a Ruling Elder and Justice of Peace as long as he 
lived. 

" His small Estate having been burdened with two liferents and a 
good deall of debt, Francis Farquharson was obliged for his own Support 
to undertake the management of Another Gentleman's fortune in the 
Neighbourhood I and as his residence was for the m9st part in the 
country we had dayly oppertunities of observing his temper and conduct. 
Which we must acknowledge gave us much Satisfaction, as we could 
hardly observe him to faill in excerising any of the Sociall virtues, when 
ane Oppertunity fell within his Sphere. — But it was his Misfortune to 
fall into an Intimacy with some Gentleman of Note,^ Who afterwards 
did not only enter into the Rebellion themselves but were at great pains 
to Induce others to Joyne them, And knowing Francis Farquharson's 
strict principles of veracity, prevailed with him to make a promise to that 
purpose ; Which, from a Mistaken Notion of Honour, he thought himself 
obliged to Implement. — ^This gave great Concern to all the well wishers 
of the Government in the Neighbourhood and particularly to us and our 
Bretheren in the same profession, as he never mis't an oppertunity to 
encourage all the Ministers of the Church within the bounds and to 
Strengthen their hands in the Excerise of the Duties of their FUNCTIONS, 
And was particularly remarkable for giving assistance to the Chariety 
Schools in the Neighbourhood, And in the publick Spirit he showed in 
persuading, encouraging and directing the poor Country people to 
Labour and Industry and to Improve the Manufactures, And in making 

1 This was his Uncle's estate of Invercauld, over which he had been appointed Factor or 
Commiitioner. 

2 It is not certain who these gentlemen were, but it is probable the reference is to Lord 
Lewis Gordon and Mr. Moir of Stoneywood. The former stood in the same capacity to his 
brother, the Duke of Gordon, that Monaltrie stood to his nnde of Inveicattld, a sort of com- 
missioner over their estates, and they were thus bronght into dose business relations to each 
other. Mr. Moir of Stoneywood was a leading Commissioner of the Peace in the Coanty, and 
the intimate friend of Monaltrie, and so had much influence over him. 

FFF 



4IO RECORDS OF INVERCAULD. 

good and patent roads in those places of the country where they were 
exceeding Serviceable for carrying on of trade and Commerce as they 
are for the Easy march of his Majesty's Forces to the Highland places 
of this Shire. And even after he was Embarked with the Rebels, his 
form