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ATHOLL
CHRONICLES
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CHRONICLES OF THE
ATHOLL
AND
TULLIBARDINE
FAMILIES
COLLECTED AND ARRANGED By JOHN, SEVENTH DUKE OF ATHOLL, K.T.
IN FIVE VOLUMES
VOLUME I
EDINBURGH
PRIVATELY PRINTED AT THE
BALLANTYNE PRESS
1908
NOTE
The first four volumes of the " Chronicles"
were issued in 1896. In 1907 they were revised and, by the
addition of a fifth volume, continued
to the end of 1 906.
PREFACE
T'he MSS. collections of the Atholl Family contain a great amount of valuable information, interesting both from a historical and from a family point of view.
Having arranged these papers in chronological order, I have now transcribed those that are either of importance or curious, so as to avoid future wear and tear of the original documents. To render these chronicles more complete, much information, gathered from other authentic sources, has been added.
In the accounts of the various civil wars, I have confined myself principally to those events in which members of my family or their followers took part.
Having printed the result of my researches, I trust that the following pages, the labour of several years, may prove of some use and interest to my family and descendants, for whom alone the work has been undertaken.
ATHOLL.
Blair Castle, 1895.
LIST OF ILLUSTRATIONS
VOLUME THE FIRST
BLAIR CASTLE, 1896, Front Elevation . . Frontispiece
PAGE
SIR JOHN MURRAY OF TULLIBARDINE . . 16
Afterwards l^T Earl of Tullibardine
WILLIAM, 2"^? EARL OF TULLIBARDINE . . 90
(Supposed) JOHN, l^T (Murray) EARL OF ATHOLL . 98
(Supposed) JEAN CAMPBELL . . . .98
Wife of John, P.T (Murray) Earl of Atholl
JOHN, P.T MARQUIS OF ATHOLL, K.T. . .112
LADY AMELIA SOPHIA STANLEY . . .112
Wife of John, l^T Marquis of Atholl
CHARLES, l^T EARL OF DUNMORE . . .267
2^^.? Son of l^T Marquis of Atholl
ATHOLL CHRONICLES
THE ancestor of the Murrays of whom the earliest mention is found, was named —
I. FRESKIN,
who came into Scotland early in the reign of King David I. (1124- II 53), and obtained from that sovereign the lands of Strath brock in Linlithgowshire. He was instrumental in suppressing the in- surrection of the Moraymen in 11 30, and shortly afterwards acquired from the King large grants of land in that province, where he built the Castle of Duffus. He died before 1171, and left three sons.
1. William, designated "filius Friskini," who obtained from King
William the Lion, between 1165 and 11 71, a charter of con- firmation of the lands held by his father.^ He is also mentioned as witness to a charter by Robert, Bishop of St. Andrews, before 1152, and also to a charter by Hugh Freskin about 121 1, where he is designated as brother of the Granter.
2. Hugh, designated "filius Friskini," who acquired the territory of
Sutherland. His name also appears as witness to the Bishop of St. Andrews' Charter, and he granted a charter of the lands of Skelbo, &c., in Sutherland, to Gilbert de Moravia, Archdeacon of Moray, about 121 1, to which his brothers William and Andrew were witnesses. He died about 1214. His only son William was created Earl of Sutherland about 1235, and carried on that family.
3. Andrew, witness to the charter by his brother Hugh about
1211.
n. WILLIAM FRESKIN
appears to have been the eldest son, as the paternal lands were confirmed to him. Amongst the witnesses to a charter by William
' " Quas terras pater suus Freskin
tenuit tempore regis David avimei." (Nisbet.) VOL. I. A
2 CHRONICLES OF THE FAMILIES 1211
the Lion in 1189, granting the lands of Glenisla to the Monastery of Kinloss, are William son of Freskin, and Hugh and William his sons.^ He died soon after 121 1, leaving several sons.
1. Hugh, from his signing as witness before his brother, was
probably the eldest, and apparently died without issue.
2. William, who assumed the surname " de Moravia." He was
designated William de Moravia, son of William son of Freskin, in a gift to the Abbey of Spynie.
3 (?). Gilbert de Moravia, Archdeacon of Moray, 1203, after-
wards Bishop of Caithness, 1222.^ He acquired the lands of Skelbo, Invershin, &c., in Sutherland.
4 (?). Richard Moray is mentioned as brother to Gilbert, Bishop
of Caithness, who granted him a charter of his lands in Suther- land, confirmed 1235.
5 (?). John de Murreff (Sir John de Moravia), Sheriff of Perth-
shire in the beginning of the reign of Alexander H. Named in a donation to the Abbacy of Arbroath, together with Guido, Abbot of Lindores, who died 1219.^
in. WILLIAM DE MORAVIA,
the second son of William Freskin, was Sheriff of Inverarn in 1204. He married the daughter and co-heiress of Sir David de Olivard, with whom he got the Lordship of Bothwell. He died about 1220, leaving two sons,
1. Hugh de Moravia, his successor.
2. Walter, designated of Pettie, to distinguish him from his cousin
Walter de Moravia of Duffus. He was ancestor of the Morays of Bothwell (of whom Abercairny) and other families of the name of Murray. He died between 1258 and 1268.
' A copy of this charter is in the Abbey of St. Bertin in France (Calendar of Documents in France, p. 491). There is in the testing clause one line of four witnesses, including Hugh and William, sons of William son of Freskin, which appears to have been omitted by mistake in the version printed in the Bannatyne Club version of the " Abbots of Kinloss." The charter is not in the manuscript from which the Club book purports to be copied, and it is not known where the original is.
^ In the " Chartulary of Moray," Gilbert de Moravia is called son of Lord Duffus, who from the date is assumed to be William son of Freskin.
' He had a brother Gilbert consecrated Bishop of Caithness 1222.
1240 OF ATHOLL AND TULLIBARDINE 3
IV. HUGH DE MORAVIA,
who was succeeded by his son,
V. WALTER DE MORAVIA, designated "filius quondam domini Hugonis de Moravia " in a charter granting part of Spynie. He married Euphemia de Ross, and died 1240-48, leaving a son,
VI. FRESKIN DE MORAVIA,
who died before 1268, leaving two daughters, through whom the lands in Moray passed away to strangers.
The MuRRAYS of Tullibardine, ancestors of the present family of Atholl, descended directly from
I. Sir MALCOLM de MORAVIA,
who married the daughter and heiress of Sir GeoiTry de Gask, and thus obtained the lands of Gask in Strathearn. He had
1. John, who about 1284 granted to his brother his lands of Aldie
in the Ochills to be held of the Earl of Strathearn, and Culna- cloich and Ruthtrelin in Strathbogie to be held of the Earl of Sutherland. In 1289 he granted to the Abbey of Balmerino certain lands in Perth.
2. Sir William.
Sir Malcolm was Sheriff of Perthshire. In 1274 he gave the lands of Beath Wester in Fife to the Church of Dunfermline, and about 1280 Lhanbryde in Moray to his 2nd son. He died before 1289.
II. Sir WILLIAM de MORAVIA, the 2nd son,
m. Ada,^ daughter of Sir Malise, Seneschal of Strathearn. In 1280
^ Descent of Ada, wife of Sir William de Moravia : —
Malise Henry, last Celtic Earl of Atholl.
I I
Duncan Conan (or Coningus), illegitimate.
Conghal* = Ada, daughter of Radulf.
I
I I
MURIELLA= Malise, Seneschal of Strathearn. Mary = Ewen (or Eugenius) of Glenerochtie.
I I
Henry. Ada = Sir William de Moravia.
* In 1234 Conghal (or Conal) had acquired from Robert, Earl of Strathearn, " that town of Cathair Livenach (Lennox's Seat) which is called Tulichbardene."
4 CHRONICLES OF THE FAMILIES 1280
he acquired Dundevon, Borland, and Petver (or Blairingone) in the Ochills from Gilbert of Dundevon, and about the same date he obtained from his father Lhanbryde in Moray. In 1284 through his marriage he acquired the lands of Tullibardine in Strathearn, which eventually became the principal seat of the family. At this time he also got Aldie in the Ochills, and Culnacloich and Ruthtrelin in Strathbogie from his brother. About 1290 he obtained Dalreoch in Strathearn from Andrew of Dalreoch, son of Isaac Macelibarn (Mac'ille ban ?).
Sir William attached himself to the party of John Baliol, and in 1 291 was one of the auditors chosen in the controversy between Bruce and Baliol. The same year he was one of the Knights and Barons of Scotland who did homage to King Edward I. of England, and again in 1296 at Berwick. In 1297 the Earl of Strathearn renounced all service due bj' Sir William for lands held of the Earl, and Sir William was also invited with the Scottish nobles to accom- pany King Edward into Flanders. He was succeeded by his son,
III. ANDREW MURRAY OF Tullibardine.
In 1329, for the health of his soul, he gave in perpetual alms to the monks of Inchaffray (Insula Missarum) an annuity out of a part of his lands of Tullibardine which had been formerly in dispute betwixt him and the abbot and convent. He espoused the cause of Edward Baliol, whom he considered his rightful sovereign, and on his in- vasion of Scotland contributed to his victory at Dupplin on 12th August, 1332, by fixing, or suffering some of his dependants to fix, a stake to show a ford in the Earn, through which Baliol marched and surprised and routed the Scottish army, which lay encamped at Dupplin. Andrew was taken by the Scots at the capture of Perth on the 7th of October following, and executed there for treason. His son,
IV. Sir WILLIAM MURRAY of Tullibardine,
Jn 1333) upon the resignation of his grandmother, Ada, obtained a charter of the estate of Tullibardine from Malise, 7th Earl of Strathearn, the superior.
Reginald More, Great Chamberlain of Scotland, seems to have had a grant of Tullibardine on the forfeiture of Andrew Murray, but in
1341 OF ATHOLL AND TULLIBARDINE 5
1 341 Sir William appears to have regained the estate from Sir William More, son of the said Reginald. The ward and relief of these lands, which had been given by William, Earl of Sutherland, and Joan, Countess of Strathearn, his wife, to John Menteith, Sheriff of Clackmannan, were disposed of by him in 1352, together with an annual-rent out of Petver and Aldie granted by Christian, wife of Reginald More, to John Mercer, burgess of Perth. In 1347 Sir William wadset to Duncan, son of Andrew of Atholl (the progenitor of the Robertsons) the lands of Balnaguard and an annual-rent of lOmerks out of the lands of Balnafere^ in Atholl for the sum of £S0 sterling. Sir William died before 1352. His successor,
V. Sir JOHN MURRAY of Tullibardine,
had a grant of Pitcairlie in Fife from Sir Alexander de Abernethy. He died before 1358. His son,
VI. WALTER MURRAY of Tullibardine,
m. 1358, Margaret le Barde.^ She died about 14 12. In 1362 he obtained from King David II. a confirmation of the donations which Robert, Earl of Strathearn made to him of the lands of Tullibardine, Petver, Aldie, Dundevon, Bordland of Glendevon, Glen Quay, Nether Cask and Dalreoch in the Earldom of Strathearn, and of Pitcairlie in Fife.
In 1363-65 Walter Murray gave to the monks of St. Servan in Culross the lands of Auldtown of Petver, Coldrain and Castlebeg, for the welfare of the souls of him and Margaret his wife, their parents, progenitors and successors.
He died 1390, leaving his widow a life-rent of the estate. From the circumstance that a charter dated 1389 was granted to Sir David Murray, and that in subsequent charters 1419-32 the designation was David Murray, Lord of Tullibardine, after which other charters were granted to Sir David, it is evident there must have been two successive Lairds of that name.
1 Balnafiadhair (lea town), now corrupted into Balnavert. It does not appear how the Laird of Tullibardine became possessed of these lands in Atholl. ^ Nisbet says she was of the family of Cambusnethan.
6 CHRONICLES OF THE FAMILIES 1390
VII. Sir DAVID MURRAY
VI. Isabel, 1 2nd daughter of Sir John Stewart of Innermeath, Lord of Lorn, and widow of Sir Williani Oliphant of Aberdalgie. He obtained the lands of Camsyny and Bar'n Eglis in Strathearn from Sir Malcolm Drummond, the grant being confirmed by Eufemia Stewart, Countess Palatine of Strathearn, in 1389. His son,
VIII, Sir DAVID MURRAY of Tullibardine,
m. before 1430, Margaret, 2nd daughter of Sir John Colquhoun of Luss, by whom he had the following children, but their exact seniority is uncertain.
1. William . . . his successor.
2. M'' Andrew.
3. John .... of Trowan and Dry Isle ; vi. Margaret Ruthven.
He died before May 8, 1499.
4. Robert . . . ^. about 145 1.
5. Patrick . . . of Dollery ; Sheriff-Depute pf Perthshire; in.
Katherine Balfour,"^ /j^ncestbr oithe Murray s of Ochtertyre ; d, 1476.
6. James .... of Keillor (146S); m. Margaret Fraser, ancestor
of the Murrays of Strowan; d. 1480.
7. Walter.
8. Alexander. . ancestor of the Murrays of Tibbermore.
9. Anthony.
10. Thomas.
And seven other sons.
1. Marion . , .?«. 1445, Sir Malcolm Drummond of Cargill.
2. Isabel . . . m. Maurice Drummond of Concraig, Steward of
Strathearn.
3. Christian . . m. Sir Murdoch Menteith of Rusky,
In 1 4 19 David Murray of Tullibardine appears as sealing a charter by William Heryss of Colcairny. In 1428 he acquired Glenclow in the Ochills from Malcolm of Crombeth, and had charter of Polgour in Strathearn- from Walter, Earl Palatine
' The Innermeath arms quartered with those of Murray are on a stone inserted in the wall inside Tullibardine Church. I conjecture that she survived her husband and was buried within the church built by her son.
Sir Malcolm Moncreiffe of that ilk (who died 1465) married Elena Murray of the family of Tullibardine. She died 1458. It is probable she was a daughter of this Laird.
1430 OF ATHOLL AND TULLIBARDINE 7
of Strathearn to himself and Margaret his spouse in 1430. In 1432 he was retoured heir to the lands of Aldie formerly possessed by the deceased Margaret Murray ^ his grandmother, which lands had been in the Earl of Strathearn's hands for about twenty years since her death.
In 1443 Sir David had a charter from his cousin Robert Duncanson of Struan of the lands of Fynnach (Fendoch) in Glenalmond, with half Ardoch and half Kintocher in Strathearn, to himself and Margaret his spouse.
In 1446 he founded the Church of Tullibardine "in honour of our blessed Saviour," and the same year he obtained Lethendy and Little Cultrannoch from Walter Cardney of that ilk. He was one of the auditors of the Exchequer in 1448 and 1450, and Bailie of the Earldom of Strathearn and Keeper of Methven Castle.
The well-known tradition of the seventeen brothers, whose mother was a Colquhoun, is preserved in the family of Luss as well as in that of Tullibardine. It is stated that they all slept together in a round tent-bed with their feet to the post in the centre. This story is corroborated by a letter from the Marquis of Tullibardine to his father, the ist Duke, dated at Tullibardine, 1705, saying that " whatever pieces of the seven- teen brothers' bed could be found should be laid aside." Some red Murray tartan bed curtains at Blair Castle are said to have belonged to this bed, but though undoubtedly very ancient, it is impossible that they can be over four hundred and fifty years old. Mr. Stewart, an expert in Edinburgh, gave an opinion in 1 90 1 that the material is of the same date as a tartan coat he
' Taking this lady to have been Margaret le Barde, this is a confirmation of the belief that this Laird was Walter's grandson rather than his son. Nisbet states that this Laird's wife was Isobel Stewart, whom I show as his mother, and assigns a wife, Margaret Colquhoun, to his son William, whose wife will be proved to have been Margaret Gray. The fact that the arms of Colquhoun, impaled with those of Murray, are on a shield on the outside of the north wall of the transept of Tullibardine Church appears to leave no doubt that Margaret Colquhoun was the wife of the founder.
8 CHRONICLES OF THE FAMILIES 1451
knew to have been worn in the rising of 17 15. It therefore seems probable that the ist Duke had a single bedstead made out of the wooden remains of the* old bed, and procured new han^iriCTs of his tartan for it at the same time. The fact that the tartan is cut to fit a small tent-bed tends to strengthen this idea. The curtains only have been preserved, so that the bed itself must have been lost sight of either when Tullibardine was dismantled by Duke James in 1747, or when the Castle was finally parted with by the 4th Duke in 1816. The hangings were only taken into use again in 1903; the old oak bed on which they are now shown was purchased in Brittany about 1 87 1, and the head-rails belonged to a bed which was in the Castle of old.
In a document called "The Declaration of George Halley in Auchterarder concerning the Laird of Tullibardine's seven- teen sons, 1 7 10," it is said that "they all lived to be men, and that they all waited one day upon their Father at Stirling to attend the King, with each of them one servant, and their Father with two. This happening shortly after an Act was made by the King, discharging any persons to travel with great numbers of attendants besides their own family, and having challenged the Laird of Tullibardine for breaking said Act, he answered he brought only his own sons, with their necessary attendants ; with which the King was so well pleased that he gave them small lands in heritage."
Sir David died 1451-52, and was buried in Tullibardine Church. His son,
IX. WILLIAM MURRAY OF Tullibardine, oj. SrcKmouth^
m. Margaret Gray, daughter offiCndreWyand Lord Gray^ and had
1. Sir William. . his successor.
2. Sir Andrew . . vi. Margaret, daughter and heiress of James
Barclay of Balvaird, and was ancestor of the Viscounts Stormont. I. Agnes .... m. 148 1, Thomas Steuart of Grandtully.
1454 OF ATHOLL AND TULLIBARDINE 9
In 1454 he was Steward of Strathearn.
In 1455 he had a charter from King James II. stating that " as William Murray of Tullibardine, his familiar Shield Bearer, intended to endow and infeft certain chaplains in the chapel of Tullibardine, and that the King's predecessors. Earls of Strathearn, had otherwise endowed and infeft a chaplain in the church of Muthill with the town and land of Kildees, and that for a long time the service of said chaplainry had not been done in the church of Muthill, therefore changing and transferring the service of the said chaplainry from the church of Muthill to the chapel of Tullibardine to be performed there for ever, and granting to the said William the right of Patronage and Gift of such chaplainry belonging to the King as Earl of Strathearn."
In 1456 he was Sheriff of Perth and Bailie of the Earldom of Strathearn, also Keeper of Doune Castle from 1456 to 1558, and Sheriff of Banff in 1457. In the same year, in a fresh charter of the Barony of Tullibardine granted by the King to William Murray, his Shield Bearer, it is stated that "the lands of Fynach (Fendoch) are granted in free Forest according to the meiths and marches following — namely, beginning at the Burn of Corrymorgil and so passing by the water of Almond as the said water runs to the Mill of St. Mavene (Buchanty) and thence to the Burn called Connachon."
In July 1459 William Murray was given a safe-conduct by the English Chancellor, having been appointed a delegate to treat with the commissioners of King Henry VI. at Newcastle. The Laird died shortly afterwards. His widow married George Clephane of Carslogie.-^
' There is an indenture in the AthoU charter-room between George of Clapan of Karslogie and Margaret Gray, his spouse, whereby he assigned to her the mails of her terces of the lands of Strathearn except ten merles, which he had given to Andrew Murray, her son. Also giving power to her to uptake the mails from Sir William Murray, Knight, her son — dated 4tli November, 1490.
In Macfarlane's Genealogical Collection it is stated that " after Tullibardine's death his widow married Clephane of Carslogie and bare to him a son, who succeeded to his father. At
lo CHRONICLES OF THE FAMILIES 1461
X. Sir WILLIAM MURRAY of Tullibardine. b. about 1444. m. Mary, daughter of William, rst Earl Marischal, and had
1. Sir John of Polgour. ni. before 6th May, 1485, Elizabeth Crichton,
who survived him, and m. 2ndly, 15 13, Sir Simon Preston of
Craig Millar. She died 1527.
In 14S9 Sir John acquired E. Tomknock in Strathearn.
He died without issue before 1500, during his father's lifetime.
2. Sir William of Castleton. m. Lady Margaret Stewart, 7th
daughter of John, ist Earl of Atholl, and had
1. Sir William . . who succeeded his grandfather.
2. Andrew. . . . living in 1542.
3. David . . . . was in France, 1551.
4. David of Cushete^CarscAca^.do.
1. Margaret . . . m. Thomas Steuart of Grandtullyjlme ^i./r^;.
2. Helen .... m. Alexander Seton of Parbroath.
In 1490 Sir William of Castleton obtained the lands of Drum- dewan in the Lordship of Methven from Roger William- son, and was killed at the battle of Flodden in 15x3.
3. Andrew.
4. David .... m. Katherine Edmonstone. He acquired
Meiggar in 1501, Invercreakane Strageath in 1509, and Alickmor in 15 10.
Sir William was retoured heir to his father 6th October 1 46 1. The retour mentions that the lands had been in the King's hands for the space of two years, or nearly so, since the death of William Murray, elder.
He was seized of the Barony of Tullibardine in 1465. July 18, 1476. — An appeal was brought before the Lords of causes and complaints in Edinburgh at the instance of Sir William of Muref of Tulybarne, Knight, John of Murray, Michell of Balfour and James of Murray against John of Drummond of Cargill, Master Walter of Drummond and Robert of Drummond, for the spoliation by them of 30 Kye and Oxen furth of the two part of the lands of the Orchell lands, pertaining to the said Sir William. The Lords decerned the defenders to restore the said cattle to the pursuers.
that time the lands of Kippo fell to a daughter, whom Carslogie thought to have gotten to his son. But his Lady loving more Andrew Murray, her second son to Tullibardine, who was but meanly provided, she carried the matter so that this Andrew Murray carried her away. Where- upon Carslogie was so incensed with his wife that he put her in prison, where she remained till her death."
1483 OF ATHOLL AND TULLIBARDINE ii
In 1483 he was appointed Steward of Strathearn and Bal- quhidder and Keeper of the Royal Forests and Coroner within those bounds for Hfe. The same year he acquired Pitancleroch in Strathearn from Roger Williamson of Drumdewan, and the east half of Finaglen from Finlay, son of Donald of Finaglen, in 1485.
In 1490 an unfortunate affair happened between the Murrays and the Drummonds, which is thus narrated in Malcolm's "House of Drummond " : — "George Murray, Abbot of Inchaffray, had enjoined his friends to estimate the teinds of the Drummonds' lands in the parish of Monzievaird, of which he was titular. This injunction they executed with rigour, and with threatening words had actually gone and in a forcible manner drawn teinds on those lands. In the absence of Lord Drummond, his and son David, ^ provoked by this outrage, went to Monzievaird with his followers and met accidentally with Duncan Campbell, Captain of Dunstaffnage, who had come down from Argyllshire with a party of his men to revenge the death of his Father in law Drummond of Monzie, whom with his two sons some of the Murrays had lately killed. At their approach the Murrays fled for refuge to the church of Monzievaird, to which place they were pursued by the Drummonds. David Drummond was satisfied with driving them from the field, but as he was returning home a shot fired from the church unluckily killed one of the men from Dunstaffnage. This enraged the Highlanders, and they immediately set fire to the church, which being covered with heath was soon consumed, and all in it were burned to death.^
" This outrage was instantly communicated to the Kino- at Stirling, who came immediately to Drummond Castle. David Drummond was apprehended and sent prisoner to Stirling and though he pled innocent as having no hand in burnino- the church, yet being head of the party he was condemned, and notwithstanding the earnest intreaties of his sister Marc^aret and her mother, publickly executed.
' Called by mistake William, Master of Drummond in the narrative. ^ Eight-score Murrays are said to have perished.
12 CHRONICLES OF THE FAMILIES 1492
" Many of his friends were also punished who were accom- plices to this barbarous deed, and an assythment granted to the wives and children of such as <iied at Monzievaird. The two parties were soon after reconciled, and by a new bond of alliance the Drummonds and the Murrays forgot every former animosity."
The Rev. William MacGregor Stirling, minister of the Port 1815, states in a book he wrote regarding the Priory of Inch- makolme, that all the inmates of the church were consumed except Murray of Trowan, who owed his life to the friendly assistance of Thomas (of Drummondernoch), a younger brother of Lord Drummond. The story is thus told : —
" The Laird of Trowan happening to be at a grated window, conjured Drummond to assist him. Drummond called out to him to make his way through the window and that he should break his fall. Assailed by the flames, Murray, by a desperate effort, removed an iron bar, and springing out was caught by Drummond ere he reached the ground."
1492. — Notarial Instrument on the Submission and Decreet Arbitral, in which there compeared the noble men, Umfry Cuninghame of Glen- gernock, John Murray of Tulchadam, Knights, and Andrew Murray of Kippo, elected for the part of the noble and honourable men, Laurence, lord Oliphant, Sir William Murray of Tulibardin, Knight, and John Haldane of Glennegas, on the one part, and Master Alexander Inglis doctor of Decrees, archdean of St. Andrews, Sir John Lundy of that Ilk, Knight, and Malcolm Drummond, chosen for the part of the noble lord John Lord Drummond, on the other part ; and also William bishop of Aberdeen, Colin Earl of Ergile, chancellor of Scotland, and Robert Lord Lile, oversmen, in one voice, as judges arbiters chosen by the saids parties, as in a compromise, under the seals of the parties, is contained : — Have pronounced and given their Decreet, final sentence and deliverance to the foresaid parties present as follows in the common tongue : In the first, anent the spulzie of goods taken by either party from the other, because there is no witness called here at this time, that full under- standing may be had thereof, the said parties have consented that a new compromise be made of that article, to take the proofs of the said spolia- tions either party anent the other, and of the delivery again to either of the parties in so far as may be proved before those persons to be arbiters chosen by both parties, viz. James bishop of Dunblane, Henry
1492 OF ATHOLL AND TULLIBARDINE 13
abbot of Cambuskenneth, Duncan Forstare of the Torwood, James Redheuch chamberlain of Stratherne, and Peris Merser of Inchbreky, or failing of any of these, others such like to be chosen by mutual consent for the final decision of the restoration of the saids goods, either party to the other, and they to abide and underlie their decreet as amicable compositors and arbiters, who are to give their deliverance betwixt this and midsummer next, and both parties shall do their diligence to cause the said arbiters to be in the town of Perth, the 2"'^ day of June next, to take the said matter on them; and give their decision therein : Also, as anent the tacks of the said Sir William of Murray, and the unkindness thereof done to him and his friends by the said John lord Drummond and his friends, we deliver and ordain that John of Murray of the Trewin be restored again to these tacks underwrittin, namely, Quhit- ballach, the Mylne of Nab, and Drumquharogan, he paying so much of the gersum that the lord Drummond paid for the terms yet to run of the said tacks : and as for the six merks worth of land of the Balloch, with the mylne which John of Murray claims to have in feu-ferme, he shall set the same for his lifetyme to the Lord Drummond for maill and gersum, that is to say, the maill six merks yearly, and the gersum every three years a year's maill ; and for the tother six merks worth of land of the Balloch, the said Lord Drummond shall give as much of the King's lands to him as he has, that lie nearest (maist ewest) to John of Murray's and farthest from the Lord Drummond's lands : and anent the Tack of Letter Banoquhy to be restored again to Andrew Murray brother to the said Sir William, and the port and the lie to be restored to Sir William of Murray, he paying gersum therefor, as is above written : and anent Glentarcai, Morall and the Fordees, which were before set to John of Murray and his mother, that the mother remain in the one half thereof in so far as she was rentalled at St. Barnabas day ; and the other half that the said John of Murray was in, to stand still as it is: and that the said parties consent that these tacks be rentalled after the form above written ; and the widow to remain with Bowmuk so far as she was in the rental of, and the coig to be restored to Toppy Murray called Finlay and that M^^Ke Drummond remain with the Tack of Easter Creif : and if the wife and bairns of umquhile Brise Neson will come and remain at the Tack of the Ester Dalgarous that it be restored to them, they paying the gersum of the terms to run, as is above written ; and as for the rest that they remain still with their tacks that they are now in : Further, that all the said parties shall stand in afald kyndnes, tendernes and freindschip to others, and never ane of them pursue nor follow others civily or
14 CHRONICLES OF THE FAMILIES 1501
criminally in tyme to cum for ony maner of actions or cause moved betwixt them to the day of the making of thir presents, in the law or by the law ony maner of way; but that they shall help and support one another, in their actions and quarrells'as their own: And as for the slaughters and burnings committed by either of the said parties, where any of them be ordained to find surety to the Justice for the time to assith the party, the said parties are bound to abide and underlie the counsel and deliverance of the bishop of Dunblane, the chancellor, the lord Oliphant, the Lord Drummond, and Sir William of Murray, who shall ordain amends to be made to the friends, as for letters of Slains and friendship according to the use in such cases, etc. After the pronouncing of the which sentence, baith the parties foresaid mutually kissed each other: upon which all and sundry the aforesaid Sir William Murray craved instruments from the notary. These things were done in the lodging of the said William bishop of Aberdeen within the burgh of Edinburgh, the third hour afternoon of the i6"i day of May 1492 : witnesses, Arthur Forbes of Reras, M^ William Crechton, Robert Lile, son of Sir Robert Lile, Andrew Lundy, Patrick Nesbit, macer, Alexander Elphinston, and others.
The bond mentioned above appears in " Pitcairn's Criminal Trials " as follows : —
"Jany 14, 1 501. A letter maid to ye Lord Drummond and Schir Williame Murray of Tulebardin, Knicht, yare kyn, men, frendis, and seruandis, for hertlynes to be had amangis yaim in (tyme) to cum, Renuncand and forgevand to ye said kin and frendis of baithe ye said parties al actions and crimes of ye Byrningis of ye Kirk of Moneward and slauchter of ye Kingis liegis at y' time, Revis, Resettis, and Intercom- muning with ye personis beand at ye Kingis home for ye said crimes, and al vyer maner of actionis concerning yat matter, or yat may be imput to yaim : chargeand ye Justice and Justice Clerkis consider ye personis being in ye Rollis, inditit for ye actionis abone expremit belangis, and baithe ye saidis parties, and inditit yairfore, yat yai distroy and adnul ye samyn ; and in tyme to cum, to tak nane of ye saidis personis in dittay, nor accuse, in judgement nor vtwithe, in ony wise; discharging ye saidis officiaris of yare officis in yat parte concerning ye said actionis."
In 1506 and 1508 Sir William obtained charters of the lands of Trowan and the loch and isle of Dry Isle (at Ochter- tyre) in Strathearn.
1507 OF ATHOLL AND TULLIBARDINE 15
In 1507 King James IV. granted to Sir William "for his faithful services and on account of his age " exemption from attendance on any temporal court, or passing upon any assize, except he was charged thereto by his Majesty in person.
In 15 1 1 King James IV. built the Great Michael msLn-oi- war, 240 feet in length by 56 beam, the largest vessel afloat at that time. A wright, who had been employed at her building, planted her dimensions in hawthorn trees near to the entrance gate of Tullibardine.^
Sir William died February loth, 1525, and was succeeded by his grandson,
XI. Sir WILLIAM MURRAY of Tullibardine.
m. before 1524, Katherine, daughter of Sir Duncan Campbell of Glenorchy, by whom (who died about 1580) he had
1. Sir William . his successor.
2. Alexander . . of W. Aberlednock and Drumfin.
in. 1565, Isabel, daughter and heiress of Peter Reidheuch, fiar of Aberlednock ; d. 1596.
3. James .... of Pardewis, Fife.
m. 1st, 1572, Marion, daughter of Sir Simon
Preston of that ilk.
m. 2nd, before April, 1582, Agnes Lindsay,
who m. 2ndly, William Melville, commendator
of Tongland. He was employed 1564-65 in travelling between Scotland and France on behalf of the Earl of Bothwell, who had been expelled the kingdom, but after the murder of Darnley he became the Earl's determined enemy.
In 1567, at the battle of Carberry Hill, James Murray accepted the gauntlet of defiance to signal combat thrown down by Both- well, who, however, objected to meet him on account of his inferior rank.
In 1574 he had a charter of Dowald in Strathearn. He took part in the Raid of Ruthven in 1582, and was tried and forfeited in 1584, but owing to the fall of Arran the sentence was not carried out; d. 1592.
^ Pitscottie. The site pointed out to me in igoi was pretty close to the stance of the Castle on the west side, and appeared to have been excavated. (A.)
1 6 CHRONICLES OF THE FAMILIES 1525
4. Andrew.
5. Lawrence . . b. after 1542.
1. Annabella . . m. 1557, John, 6th Earl of Mar, Re^ nt of
Scotland ; d. 1603.
2. EUPHEMIA . . m. 1st, 1550, Robert Stewart of Rossyth, Fife.
m. 2nd, Robert Pitcairn, commendator of Dun- fermline. ^
m. 3rd, before May 1585, Sir Patrick I4#y of Invergowrie. /-Ae. cU^d. Occ^t^-t dJ^, /Si,L.
3. Katherine . . m. 1 560, Robert Moray of Abercairny.
4. Jean . . . . m. \ 564, James Henderson of Fordel.
5. ElspETH . . . W2. Thomas Moncur of Month.
6. Margaret . . m. about 1559, Sir Robert Bruce of Clack-
mannan, who in 1585 had to find cai tion not to molest Margaret Murray, sometime his spouse.
In 1525 William Murray was retoured heir of his grand- father in the lands of Tullibardine, and in 1527 was served heir to his uncle Sir John in the lands of Polgour and Clow.
In 1545 Katherine Campbell, wife of William Murray of Tullibardine, petitioned the Privy Council that she had been charged by a Macer at their Lordships' instance "to pas hame and remane in my awne place and twa mylis about the samin, as in ward, under the pane of tressoun," but if she was com- pelled to do so now in her husband's absence, and rem^'n "in his principale place," while there was no one but herself ' ) take care of his other lands and houses, " they will either all of decay, or become the spoil of Reivers. She therefore craves permission to go to and from, and remain upon any part Afithin the bounds of her husband's lands."
In 1558 William Murray had a crown charter of the lands of Wester Lochlane in Strathearn. In 1560 he resigned all his estates into the Queen's hands in favour of his eldest son, who thereupon received a charter of the same. Sir Willia. died January 30th, 1562.
SIR JOHN MURRAY OF TULLIBARDINE
AFTERWARDS I^J EARL OF TULLIBARDINE
d. 1613-14
1562 OF ATHOLL AND TULLIBARDINE i6*
XII. Sir WILLIAM MURRAY of Tullibardine,
in. 1547, Lady Agnes Graham, 3rd daughter of William, 2nd Earl of Montrose, and had
1. Sir John, his successor.
2. Captain WILLIAM of Pitcairly.
Provost of St. Andrews, 1573. Had a charter of the salmon fishing in the Conon, Ross-shire, in 1580, and was alive in 1618.
3. Colonel Alexander of Drumdewan, 1574.
Appointed a Gentleman of the King's Chamber, 1 580; sold his estate to George Oliphant of Bachilton, 1598; and was killed at Bommel in 1599 in the service of the States of Holland.
4. Sir MUNGO.
m. before 1 591, Margaret, daughter of Sir John Crichton of
Strathord, and relict of Sir Andrew Murray of Balvaird.
In 1572 he had a charter of Culdees. In 1 592 he was designated
of Wester Feddell, of Denork in 1603, and of Claremont in 1611,
and was ancestor of the Murrays of Claremont,
He died about 1630.
In 1562 William Murray entertained Queen Mary on her return journey to Edinburgh from an expedition to the North. Her Majesty left St. Johnston on November i6th, slept at Tullibardine, and proceeded to Drummond the following day after dinner.
In 1563 the Earl obtained from Leonard, commendator of Cupar, a charter, whereby for the sum of ;^200 Scots money paid to the granter and his convent he granted the said Earl in feu ferme the Isle, anciently called of the Chapel of the Holy Trinity, but now called of S' Margaret the Queen, lying in the Loch of Forfar, with yards, trees, houses, &c., to be holden to the said Earl and his heirs, of the granters and their successors in feu ferme and heritage for ever, for 'he sum of five merks yearly, with six dozens of pikes for the fishing, and one suit of court yearly.
In 1566 Sir William was appointed Comptroller of Scotland. He was one of the promoters of the Reformation, and supported the marriage of Queen Mary with Darnley. After her marriage with Bothwell he joined the confederate Lords, and was one of the principal leaders of the army assembled against her at Carberry in 1567, where he took up his brother James's cause when Bothwell refused to meet him, asserting his own right to challenge him as being of a more ancient House. Bothwell, however, declined to meet Sir William on the ground of his not being a Peer. The same year he attended the coronation of James VI. at Stirling, and was appointed one of the leaders to pursue Bothwell on the high seas, but the expedition failed
1 6** CHRONICLES OF THE FAMILIES 1572
of its purpose. Calderwood states that Sir William was instru- mental in Queen Mary's escape from Loch Leven Castle.
The following note appears J n "The Diarey of Robert Birrel" printed in "Fragments of Scottish History": Tourane (Trowan ?) Murray must have been brother or son of XL, Sir William of Tullibardine, but cannot be identified : —
"1568. — The 15 of Julay, Tourane Murray, brother-german to the laird of TulHbairdyne, was shote and slaine out of ye place of Aughtertyre in Stratherne, be one vode Andrew Murray and his confederatts, quho keipt ye said place certaine days, and slew some 6 persons more, yet made escaipe at yat present."
In 1572, on the death of his brother-in-law the Earl of Mar, Sir William Murray and Sir Alexander Erskine of Gogar were appointed governors of the young King, and joint keepers of Stirling Castle, where his Majesty resided.
In 1576 Sir William received from Patrick, Abbot of Lin- dores a precept for infefting him as heir to the late William Murray of Tullibardine, his father, of the lands of Bene and Cathkin and half West Feddel.
In 1578 he joined the conspiracy to remove Morton from the Regency, and was appointed one of the new Privy Council- lors. He died at Gask, i6th March 1583.
XIII, Sir JOHN MURRAY OF Tullibardine (ist Earl); <5. about 1550, m. before December 1576, Katherine, 4th daughter of David, Lord Drummond, by whom he had
1. William . . his successor, styled Master of Murray 1604-06,
afterwards Master of Tullibardine.
2. John . . . Captain in the army; died before February, 1607.
3. Sir Patrick . of Redcastle, afterwards 3rd Earl of Tulhbardine.
4. Sir MUNGO . of Drumcairn, afterwards 2nd Viscount Stormont.
5. Robert . . Hving in 1621.
1. Anne . . . m. 1595, Patrick, Ist Earl of Kinghorn ; d. 1618.
2. LiLlAS . . . in. 1 591, Sir John Grant of Grant ; d. 1643-44.
3. Margaret . m. 1600, James Haldane of Gleneagles ; d. i6iy.
4. Annabella . m. 1606, David Ross of Balnagowan.
5. Jean . . . w. 1607, Sir Patrick Hepburn of Waughton.
In December 1576, before his succession, he had a charter of Coyg in Perthshire to himself and Katherine his spouse.
In August 1584 King James VI. ^ visited Tullibardine Castle under the following circumstances, as described in Moysie's Memoirs : — " The King had been living ten days at Ruthven or
' The King visited Tullibardine this year, as on January 1st we find an order there to Alexander Menzies of that ilk.
1585 OF ATHOLL AND TULLIBARDINE 17
ever he knew there was sex houssis infected ^ in Perthe, his seruandis being theare, and thairfor with a few number the samyn nicht departed to TuHibardine, and from that to StirHng leavand his haill housold and seruandis enclosit in Ruthven."
In 1585 Sir John obtained a charter of the lands and lord- ship of Balquhidder from Ludovick, Duke of Lennox.
In 1586 the following bond was entered into by the heads of families and others of the surname of Murray : —
At Tulibardin, the twelth day of Jully in the year of God one thousand, five hundred, four scoir and six years, Wee, Sir John Murray of Tulibardin, Knight, Sir Andrew Murray of Arngosk, Knight, William Moncrief of that ilk, Robert Murray of Abercairney, with the haill name of Murray and others undersubscribing, takeing the burden upon us for our kin, frinds, allays, servants, Tennants and Dependants, Being con- vened for the asurance and order takeing of our own estates, the Defence of our Rooms, Tacks, Steedings, goods and gear, whilk by the incursions of Brokin men, and unthankfull unnaturall neighbours, may apear to be in danger, and sic other ocasions as may fall out therthrogh. In con- sideration wherof, wee all with one assent bind and oblidges us by thir presents, and by the faith and truth of our bodies, solemly sworn therto respectively, in whatsomever action, cause, persuit, or defence shall happen, after the date of thir presents, to chance or Intervin to any of the name, ther frinds, allays, partakers or Dependants, that the haill rest shall Interpon themselves, ther lands and gear in ther defence, sua that one's cause shall be all, and all shall be one : Provyding that nane of the forsaids intend any action or purpos by the consent of the said Sir John Murray, and sic frinds after specified as ar established by the consent of the haill frinds to cognose in whatsomever actions, quarell, or ocasion that may happen; They are to say Sir Andrew Murray of Aryngosk, Knight, Robert Murray of Abercairney, William Moncrieff of that ilk, John Murray of Tibbermuir, James Murray of Pardens, William Murray of Letter- banchie, Patrick Murray of Ochtertyre, and Patrick Murray of Wodend, or any four of ther forsaids with the said Sir John, whilk giff it shall happen any to contravin, as God forbid, the offendar to be object to (by) the rest, and accounted from thencefurth enemy to them all, and gif it shall happen likeways that questions, quarell, or debate arise betwixt any of the said name amongst themselves, ther frinds, allays, or Dependants whilk may be ane motion of Intestin grudge in whatsomever cause it be either civill or criminall, the partys binds and oblidges them to stand att
' With the plague. VOL. I. B
1 8 CHRONICLES OF THE FAMILIES 1586
the Decision and order whilk shall be taken theranent be the said Sir John and the forenamed frinds or any four of them ; and in case that any matters of weight Intervin, being of importance as the said Sir John with any four frinds abovementioned may not decern therin, the haill rest of the number of eight shall convene with him to that effect, and gif the said Sir John and the haill eight find any difficulty in the matter whilk they shall happen to have on hand for the time, then the haill rest of the name and frinds for order takeing which shall be convened for decision therof; sicklyke gif any party shall happen to have adoe, his matter being referred to the frinds nominat, and may object of reason against any of the said number of eight, shewing ane reasonable cause whay he should be declynat of his action, in that case whatsomever he be, he shall be removitt out of that Roum, and another frind be the election of the rest chosen in his stead for decision of that matter, whos deliverance in what- somever questions or debats that may arise amongst any of them, ther name, frinds, allays or Dependants shall be as effectuall, and of as great force and strenth, as gif either the civill or criminal] Judge had pronounced or adjudged therin ; and likeways for all actions, questions, or debats that base been befor the date of thes presents, as the partys Interest shall delate and open unto the frinds nominat, Therafter cogniton taken, order shall be put therto according to right and conscience.
Further the haill undersubscribers binds them (ther duty reserved to the Kings Majesty and his authority) to assist the said Sir John Murray for the causes foresaid, Likeas the said Sir John binds him reciprocally to the frindship as is abovementioned by all others, and they to him, and for observation of the premisses to stand herafter In perpetuam rei memoriam the partys have subscribed the same with there hands, day and place foresaid.
Sir Johne Murray of Tullibardine, Knight.
Sir Andrew Murray of Aryngosk.
William Moncrieff of that ilk.
Robert Murray of Abercairny.
Johnne Murray of Tibbermuir.
James Murray of Pardens.
William Murray of Letterbanachie.
Alexander Murray of Airlywith.
Johne Murray of Strowane.
James Murray, Fiar of Strowane.
David Murray, apparand of Letterbanachie.
Patrick Murray of Ochtertyre.
William Murray of Pitcairles.
1586 OF ATHOLL AND TULLIBARDINE 19
Alexander Murray of Drumdeway. Patrik Murray of Raith, William Murray, apparand of Abercairny. Mungow Murray of Fedalis, David Murray of Raith. Andro Murray of Lacok. Humphra Murray of Buchanty. Hew, son to W"" Moncrieff of that ilk. David Murray, Howmichael. ita est de mandato dicti Humphridi Nescien Scribere, Adamus Oswald notarius publicus scribere.
In 1592 Sir John Murray of Tullibardine was appointed Master of the Household to King James VI.*
John Carey {Dep' Gov' of Berwick) to L'' Burghley {JJ' Treasurer)?-
May 10, 1595.
Scotland is quiet, but it is feared this marriage of the young Lord of Glaymes will kindle a new hatred betwene the Chancellor and the Earle of Marre, for that the Master of Glaymes had promised his nephew the Lord in Marrydge to Sesforde's sister, and now by the Earle of Marre's crossing of it he is to Marrye with fayre Mistris Ann Murray the Kinges Mistris, which will easely breed a dislike where there was no love before.
Same to Same.
June 3, IS9S. The King and Queene is to Starling and shortly the great marriage shall be solemnized at Lithguo between young Lord Glaymes and the Kinges Mistris.
In 1598 another bond was drawn up by the Murrays, styled a Bond of Association of the Name of Murray.
At Canongate the third day of March the year of God one thousand five hundred fourscore and eighteen years We Sir John Murray of Tullibardin, Knight, James Murray younger of Cockpool, Andrew Murray of Balvaird, Sir John Murray of Eddelstoun, Knight, John Murray of Touchadam, Patrick Murray of Hangitshaw, William Murray of Abercairny, George Murray of Brochton, Murray of Cubairdy, and the remanent persons of the sur- name of Murray undersubscribing, taking the burthen on us for our haill Kin, Friends, Servants, and Dependers, Being presently considering that
' From the "Calendar of Border Papers." B.M,
20 CHRONICLES OF THE FAMILIES 1598
we are far dispersed in sundry parts of this Realm far distant from others, wherethrough we are not so able to serve his Majesty in his Highness country adoes as our good will and intention is, Therefor and to the effect, that we and ilk one of us may be the more able and ready to serve his Majisty at all occasions according to our good mind and intention, We all with one consent and assent by thir presents binds and obliges us, our heirs and successors by the faith and truth in our bodies solemnly sworn thereto, in whatsoever action, cause, pursuit or defence shall happen, after the date hereof, to chance or intervene to any of the name, their friends, servants, or dependers, that the haill rest shall Interpone themselves, their Lands and gear in their deffence, so that one's cause shall be all, and all shall be one (our allegiance and dutiful obedience to our sovereign Lord and the authority alwise excepted) ; and if any action or cause, either criminal or civil, shall happen to arise betwixt any of the name of Murray, it shall not be leisum to any of the parties to follow and persue therefore, but the same shall be simpliciter referred to the decision, and amicable deliverance of eight of the most wise, well affectioned, and most efficient of the said surname, Four of them to be elected and nominat by either party, and in case of Discrepance among the said friends, the said Sir John Murray of Tullibardine, knight, and his successors, to be oversman thereintill, and whatever the said eight Friends all in one voice, and, in case of Discrepance among them, the said oversman, with the most part of the said friends, shall happen to pronounce, decree, and deliver in the said matters questionable, both the parties shall stand and abide thereat, underly, and fulfil the same to others, in all points, and hereto We, and ilk ane of us, faithfully binds and obliges us, our heirs and successors hinc inde to others lealy and truly, by the faith and truth in our bodies, under the pain of perjury and infamy, and never to be holden or reput honest, incase we contravene the premises, (excepting what is before excepted,) In witness of the whilk thing we have subscribed thir presents with our hands Day, year, and place abovewritten.
Sir Johne Murray of Tullibardin.
James Murray y of Cockpuill.
Blackbarony.
Mr. William Murray, Parson of Dysart.
Andrew Moray of Balvaird.
Patrick Murray of Falagill.
William Murray y"' of Pomauis.
Johne Morray, portioner of Arby.
Antone Murray of Raith.
1599 OF ATHOLL AND TULLIBARDINE 21
Patrick Morray of Lochlan.
Alexander Murray of Drumdeway, Colonel.
Johne Murray of Tibbermuir.
William Murray, appirand of Tullibardin.
William Moray of Ochtertyre.
(William) Murray of Abercairnay.
Alexander Murray of Woodend.
Walter Murray, portioner of Drumdeway.
Johne Murray, portioner Kinkell.
During 1599 William Murray, younger of Tullibardine, married Cecilia, daughter of Sir John Wemyss of Wemyss.
Atigust 5, 1600. — William Murray, younger of Tullibar- dine, then a very young man, happened to be in Perth, ac- companied by some of his father's servants, on the occasion of the alleged attempt on the life of King James VI. by the^ Earl of Gowrie and his brother, and had the good fortune to aid his Majesty by quieting the tumult of the townspeople, who had become very turbulent on learning that their provost, Lord Gowrie, had been slain. For this service he was re- warded with the hereditary Sheriffship of Perthshire, which had belonged to the Earl of Gowrie. For a similar service on the same occasion his cousin, Sir David Murray of Gospetrie,^ obtained from his Majesty the lands belonging to the Abbacy of Scone, of which Gowrie had been commendator, and also that Earl's forfeited " Barony of Ruthven, with the castle thereof," which was re-named Huntingtower.
July 13, 1602. — John Dow in Priestown laid a complaint before the Council against John Bell in Head^ of Moulin and Andrew Mcjock, servants of David Ferguson, Baron of Moulin, and against Andrew Mclan roy in Glenquaich, servant of Sir John Murray of Tullibardine, and against Alastair Mcjock in Glenquaich, and Andrew Mcjock there, — bear-
' Created Lord Scone, 1605. ^ Howe?
2 2 CHRONICLES OF THE FAMILIES 1602
ing that, five years ago, the said persons and others, their accomplices, came at night in winter to the house of the late William Dow, the pursuer's 'father, in the Priestown of Auchtergaven, masterfully entered therein and "cruellie bent thair bowis, schot thair arrowis, dang and woundit his umquhile father and his mother, and schott ane arrow throw the bellie of his sister, and slew umquhile William Dow, his brother- german, with sindrie arrowis," after which they " cuist his said umquhile father in the burne that rynis thairbye, and cuist out his mother and sister owt of the said dwelling-house," broke open the chests, and spuilyied the goods therein, and also broke up the byres and stables, out of which they reft the oxen, kye, horses, and mares, — estimated at looo merks. Charge had
been given to Campbell, younger of Lawers, to enter the
said Alastair and Andrew Mcjocks, and to Sir John Murray to enter the said Andrew Mclan roy, and to the Baron of Moulin to enter John Bell and Andrew Mcjock this day ; and now, the pursuer appearing, but Lawers, TuUibardine, and Moulin not being present, and the said persons not having been entered, the Lords decern them to satisfy pursuer for the said skaith, extending to lOoo merks, they having relief against the com- mitters of the same.
September 15. — Sir John Murray complained to the Council that he was charged by John Dow to pay him 1000 merks for the said skaith, whereas his share should be only 200 merks. Moreover, that he had apprehended Andrew McJock and put him in prison and in irons, but he had broken prison and escaped by no fault of the complainer.^
April 2'-^, 1604. — Sir John Murray was created a peer by the title of Lord Murray of TuUibardine.
The same year he obtained a charter of the lands of Letter Banachie.
' Register of the Privy Council of Scotland.
1606 OF ATHOLL AND TULLIBARDINE 23
This year the Master of TuUibardine married, secondly, Lady Dorothea Stewart,^ eldest daughter and heiress of John, 5th Earl of Atholl, which marriage led to the eventual succession of their son to the Earldom of Atholl.
Jtdy 10, 1606. — Lord Murray was created Earl of TuUi- bardine, Lord Gask and Balquhidder.
January 5, 1609. — John, Earl of TuUibardine, had lately apprehended Alan Oig M'^an Tuagh^ in Glenco. As this Alan " wes one of the principal and personall executoris of that maist odious, barbarous, and detestable boutcherie and slaughter com- mittit be Clan Gregour upoun his Majesteis good subjectis at Glenfrone,^ and with his awne hand he murdreist and slew, but* pitie or compassioun, the nomber of fourty poore personis quho wer naiked and without airmour, and as in the haill course and progres of his bypast lyf he hes so exerceisit himself in thift, murthour, reif and oppressioun, as he is most unworthie to be sufferit ony longer to braith the ayr of this country," therefore the said Earl, " in regaird of his awne honour and credite, and for dischairge of his dewtie to the Kingis Majestie," ought to sur- render the said Alan to the Council for trial and punishment. Accordingly, there is order to charge the Earl to enter the said Alan before the Council on under pain of rebellion.^
For some years past, James, Earl of Atholl,* had incurred the displeasure of the King and Council from his inability to keep order in his district and other causes, and the Council now found it necessary to write the following warning letter to the Master of TuUibardine : —
' Her sister Mary afterwards married James, Earl of Atholl. Two table napkins (different patterns, marked 1610) which belonged to Lady Dorothea are preserved at Blair.
- Young Alan the son of the Axe. ^ Battle of Glenfruin in 1603.
* i.e., without. ^ Register of the Privy Council of Scotland.
' Son of John, 6th Lord Innernieath, who was created Earl of Atholl on the death of the Sth Earl in 1595. Vide p. 52.
24 CHRONICLES OF THE FAMILIES 1609
Privy Council to William, Master of Tullibardine.
« Edinburgh, March i, 1609.
After oure verie heartlie commendationis to your goode Lordship: — We haif ressavit a letter and directioun from the Kingis Majestic concerne- ing the Erll of Athoill and his committing of new to wairde, as by the copie of that letter your Lordship may persave. You do know how far hes bene alredy proceidit aganis him, not onlie by denuncing of him to the home, bot by publict prohibitioun gevin to all his Majesteis subjectis in no caise to resset, supplie, nor intercommoun with him. And understanding that your Lordship hes some dealing with him whiche may draw you in sindrie inconvenientis and within the compas of the law for ressett and intercommoning with his Majesteis rebellis, we could do no les than foir- warne your Lordship of your harme and skaith, requesting your Lordship, as you respect his Majesteis contentment and your awne weele, to foirbeir all farder mailing and dealing with him, or showing unto him ony con- forte, supplie, resset, or countenance : assuiring your Lordship yf you sail try heirefter to haif ony dealing with him, or to resset, supplie, and intercommoun with him, that not onlie will you be maid to answer for him, and to present and exhibite him to his Majestei's Counsel], bot the pane of the law dew to resettaris, supplearis, and aydaris of his Majestei's rebellis wilbe prosequute and followit oute aganis you ; and what farder constructioun his Majesty will mak upoun your dealing we remit to your awne consideratioun. Sua, recommending your Lordship to Godis protectioun, we rest your Lordshipis verie good freindis,
Al. Cancellarius.i
DUMBAR.''
April 13. — David Spalding of Ashintully appeared before the Council as procurator for John Robertson of Straloch, and gave in a copy of letters raised by William, Master of Tullibar- dine, Sheriff Principal of Perthshire, charging Straloch to appear personally this day, and bring with him John dubh Mcjokie,
' Alexander, 1st Earl of Dumfermline, Chancellor of Scotland. ' Register of the Privy Council of Scotland.
1609 OF ATHOLL AND TULLIBARDINE 25
alias Spalding, in Bleaton, a notorious thief, and also to answer a complaint by the said Sheriff for taking said John dubh off the hands of David and Thomas Murrays in Strathardle while they were bringing him to the Sheriff. The said procurator, having entered said John dubh, protests, in respect of the absence of the said Sheriff, that Straloch shall not be held to answer farther in this matter till newly warned ; and the Lords admit the protest.^
As it is henceforward in the district of Atholl that the records and interests of the family centre, it now becomes necessary to give an account of that Earldom, and more par- ticularly of the Stewart Earls, through whose descent in the female line the title and property were transmitted to the Murrays.
The ancient Earldom of Atholl was part of the Crown lands of Scotland. The male line of the Celtic Earls of that title came to an end in the 13th century, but the Earldom was carried on in the female line for some generations longer. David de Strabogie, the nth Earl, having withdrawn his allegiance from King Robert Bruce, was outlawed in 1327, and his estates forfeited.^ After this the title was first granted to Sir John Campbell of Moulin,^ who was killed at Hallidon Hill, 1333, and next to William Douglas, Lord of Liddisdale, who having also no male issue, gave a charter, dated T6th February 1341, of his title of the Earldom of Atholl to Robert, High Steward of Scotland, afterwards King Robert H. Robert, Steward of Scotland, granted a charter of the Thanage of Glen Tilt, a translation of which is here given : —
* Register of the Privy Council of Scotland. '' He was killed at the battle of Kilblane, 1335.
' Second son of Sir Neil Campbell of Lochow by Lady Mary Bruce, sister of King Robert Bruce.
26 CHRONICLES OF THE FAMILIES 1342
Charter by Robert, Steward of Scotland and Earl of Atholl, of the Thanage of Glen Tilt.
(Date betwixt 1342 and 1357.)
Robert, Steward of Scotland and Lord of Atholl, wishes eternal salva- tion in the Lord to all who will see or hear this writing.
Be it known to you all that we have given, granted, and confirmed by this present writing, to Eugene, Thane of Glen Tilt, brother to Reginald of the Isles, our esteemed and particular friend, the whole Thanage of Glen Tilt, in name of three davochs of land, for his faithful service freely rendered to us, to be held and possessed, the said Thanage of Glen Tilt, with its pertinents, by the said Eugene and his heirs, of us and our heirs, in perpetuity, freely, quietly, pleasantly and in peace, in contract and inheritance, with all the liberties, conveniences, and easements, and with the true boundaries, both as to length and breadth, pertaining to those holding it in the future in whatsoever way, and whether named or not named. And the said Eugene and his heirs shall thence annually pay to us and our heirs at the two usual yearly terms, namely, of Whitsunday in summer and Martinmas in winter, by equal portions, eleven merks sterling, in silver coin only, and the carriage of four horses once a year to our huntings of Benchromby, if requested. And if it should happen in any case that the said Thanage at any time should not be worth the said eleven merks per annum, the said Eugene and his heirs may have, hold, and possess the said Thanage of Glen Tilt, with its pertinents, freely, and without hindrance of us and our heirs, for such a sum of money as at that time it shall truly be found to be worth by an assize of the inhabitants of Strathgroy and the inhabitants of the said Thanage. And we, Robert, Steward of Scotland and Lord of Atholl, and our heirs, will warrant, acquiesce in, and defend for all time the gift, concession, and confirmation of the said Thanage, with its pertinents, as above stated, along with its courts, free passages of the same, eschaets, mercaets, with all and whole other pertinents of said Thanage in all and through all, as above stated, without reservation, to the said Eugene and his heirs against all mortals.
In testimony of this deed we have set our seal to this writing, these being witnesses : the Venerable Father in Christ Lord Richard, by the grace of God Bishop of Dunkeld ; Lord Nigel, Dean of the same place ;
1375 OF ATHOLL AND TULLIBARDINE 27
Lord Nigel of Carrothers, our Chancellor; David, son of Alan of Conings; Atho, son of Michael ; with many others.
Walter Stewart, 2nd son of King Robert II. by Queen Eupham Ross, received the Earldom of Atholl from his father, 1375, but being concerned in the murder of his nephew King James I. in 1438, he was executed, and the title again reverted to the Crown.
In 1457 King James II. conferred the Earldom of Atholl on his half-brother. Sir John Stewart of Balvenie, eldest son of Sir James Stewart, the Black Knight of Lorn, 5th in descent from Alexander, High Steward of Scotland (who died 1283).
Sir James had married in 1439 Queen Joanna, Dowager of King James I. of Scotland, and daughter of John, Earl of Somerset, eldest son of John of Gaunt, Duke of Lancaster, 4th son of King Edward III. of England.
Sir JOHN STEWART of Balvenie, Earl of Atholl, ancestor of the present line ; b. about 1440,
m. 1st, before March 1460, Lady Margaret Douglas,^ daughter of Archibald, 5th Earl of Douglas, widow of William, 8th Earl of Douglas, wife of James, 9th Earl of Douglas.
in, 2ndly, before 19th April 1475, Lady Eleanor Sinclair, daughter of William, 3rd Earl of Orkney and Caithness (who d. 21st March 15x8). By his 2nd wife he had
1. John his successor.
2. Andrew 2 . . . Bishop of Caithness, 15 18; </. 1542. By both wives he had the following daughters : —
1. Lady jANET . . . vi. before 1482, Alexander, 3rd Earl of Huntly
2. Lady Katherine . in. John, 6th Lord Forbes.
3. Lady Elizabeth . m. Andrew, ^ Lord Gray^ ^ela-it, //i/<gi.
4. Lady Jean . . . in. about 1 500, Sir Robert Gordon of Pitlurg.
' Known as the Fair Maid of Galloway, It does not appear how her second marriage was dissolved, but she fled to the Court of King James II. complaining of Douglas's cruelty. The King bestowed her hand on Sir James Stewart, with the Barony of Balvenie, forfeited by Sir John Douglas in 1455.
'^ He was Bishop-elect of Dunkeld, 1515, but had to give way to Bishop Douglas. See " Dunkeld Cathedral," in Appendix, vol. iv.
28 CHRONICLES OF THE FAMILIES 1457
5. Lady Christian . m. Neil Stewart of Garth.
6. Lady ISABEL ^ . . tn. Alexr. Robertson of Struan (2nd wife).
7. Lady . . . m. Robt. Robertson, yr. of Struan.
8. Lady Marjorie . m. Sir Colin Campbell of Glenorchy ; d. 1524.
9. Lady MARGARET . m. William Murray, yr. of Tullibardine.
10. Lady ELIZABETH . m. 15 12, John, 3rd Earl of Lennox.
11. Lady Elspeth . m. Robert Innes of Innermarky.
July 29, 1457. — There was a retour in the Earl of Atholl's court at Logierait, by which Andrew of Glen Tilt was served heir to his father, John, Thane of Glen Tilt, in the lands of Petnacrefe in Strathgroy,
In 1 46 1 there was a charter of sale by Andrew, Thane of Glen Tilt, to Neil Stewart of Fothergill of the lands of Achnamarkmore, to be held by himself. In 1463 the Earl of Atholl was ambassador to England.
April 27, 1467. — A notarial instrument was taken on the sale by Finlay, Thane of Glen Tilt, son and heir of the late Andrew, Thane of Glen Tilt, of the right of reversion of these lands for .2^20, payable in one day between sunrise and sunset.^
In 1475 the Earls of Crawford and Atholl were sent on an expedition against John Macdonald, Earl of Ross and Lord of the Isles, who had broken out into rebellion. Crawford was in charge of the sea forces, whilst Atholl commanded those on land. They were soon successful in reducing to subjection the rebel chief, who surrendered himself to the clemency of James III.
For this service Atholl was rewarded by a grant of the lands and forest of Cluny.* The Atholl crest and motto, " Furth fortune and fill the fetters" date from this event, the tradition being that the Kingf made use of the above words when despatching Atholl on the expedition. There is also
' In 1465 a contract of marriage had been drawn up between Lady Isabel and Duncan Robertson, Struan's eldest son ; he however died, and Struan married the young lady himself. The Robertsons of Faskally were descended from this marriage.
2 Skene's " Celtic Scotland."
2 The charter was granted " For the said Earl of A.'s great and singular services and expenses in suppressing the Rebellion of John Lord of the Isles, of old Earl of Ross," and is dated 3rd March 14S0,
1475 OF ATHOLL AND TULLIBARDINE 29.
another tradition handed down in the family, that Lord Ross was captured in the following manner. AthoU received infor- mation that he was in the habit of drinking from a small well in a rock, which he accordingly caused to be filled up with honey and whisky : this novel mixture had such an effect on Ross, that after partaking freely of it he lay down and fell asleep, and was thus easily taken prisoner. The beverage (a compound of honey, whisky, meal and water) has ever since been known as Atholl brose.
Soon after this, " Angus of I slay," Ross's natural son, re- belled and carried on a war against his father. To brinsf him to obedience the Government had recourse to the Earls of Crawford, Huntly, Atholl and Argyll. Atholl crossed over to Islay and seizing Angus's infant son, "Donald dubh," carried him off, and placed him under the care of his maternal grand- father, Argyll, who kept him carefully guarded in the castle of Inch Connel on Loch Awe. When Angus discovered who had taken away his son, he summoned his adherents and sailed to Inverlochy, where he left his galleys, and thence marched into Atholl, where he committed great excesses. The Earl and Countess of Atholl fled for refuge to the Chapel of St. Bride (Old Blair), whence they were dragged from the altar by Angus, who conveyed them prisoners to Inverlochy, and set sail again for Islay. During the return voyage many of the galleys were wrecked in a storm, and much of the plunder lost. Angus, believing this misfortune to be a judgment on him for his act of sacrilege at Blair, liberated his prisoners, and returning with the spoil that had been saved, he and his principal followers, bare- footed and stripped to their shirts, undertook a pilgrimage to St. Bride's Chapel, where they performed a humiliating penance.^
In 1 48 1, the Earl had a new investiture of the Earldom of Atholl, paying a red rose yearly to the King at Blair, at the
' Gregory's " History of the West Highlands," and Tytler's " History of Scotland."
30 CHRONICLES OF THE FAMILIES 1488
feast of the Nativity of St. John the Baptist (June 24), in name of blench-farm, if asked only.
In 1484 the Earl of AthoU wa^ one of the Conservators of the Peace with England. In 1488 he had a principal command in the army of King James III. against his son and the rebel lords, and was imprisoned in the castle of Dunbar after the death of that monarch at the battle of Sauchieburn.
In 1489 the Earl of Atholl attended the first Parliament of King James IV. in Edinburgh.
June 4, 1500. — A precept of sasine of the lands of Achna- markmor was given at Glen Tilt by Finlay, Thane of Glen Tilt (in presence of John, Thane, son and heir apparent of Finlay), in favour of Neil Stewart of F'othergill, as son and heir of Neil Stewart of Fothergill.^
August 13, 1501. — Acharterof saleof Kincraigie to Eleanor, Countess of Atholl, was given by Finlay, Thane of Glen Tilt.'
In 1502 the Earl acquired the Thanedom of Glen Tilt, and the same year granted to John Stewart, his eldest son, two charters of the said lands, " Thanagii Abnathie or the Thanedom of Glen Tilt, which formerly belonged to Finlay Toiseach, Thane of Glen Tilt, and which he voluntarily resigned, as is proved to us by his corporal oath sworn on the holy evangels of God." The Earl's seal and the seal of Finlay Toiseach were appended at Dunkeld the last of May, and on July 2 these charters were confirmed by a charter under the great seal of "the Thanage, with the bondmen, bondages, native men and their issue."
According to this charter, the Thanage consisted of the following seventeen townships, giving an average of about the sixth part of a davoch to each township: — Toldaimh, Drumna- creich, Blair Uackdair, Inverslanie, Achmerk beag and Achmerk mor on the west side of the Tilt, and Achgobhal, Dalganros, Campsie mor, Campsie beag, Kincraigie, Tirinie, Mualich beag,
' Skene's " Celtic Scotland."
1507 OF ATHOLL AND TULLIBARDINE 31
Mualich mor, Little Lude, Little Monzie and Pitnacrie on the east side.i
May 31, 1507. — A letter of bailiary was granted to John, Master of Atholl, making him bailie of all and sundry the lands, rents, and possessions, with their pertinents, pertaining to the late Alexander Robertson of Struan (died 1505), and now to the King through reason of ward, &c.
September 15, 15 12, — The Earl of Atholl died at the Laigh- wood, and was buried at Dunkeld Cathedral. He was suc- ceeded by his son (by his 2nd wife),
JOHN, 2nd Earl of Atholl,
fn. Lady Janet Campbell, daughter of Archibald, 2nd Earl of Argyll (died about 1 545), by whom he had I, John .... his successor.
I. Lady Janet" . w. i. 1520 (?), Alexander, Master of Sutherland ;
died 1529.
2. 1532, Sir Hugh Kennedy of Girvan Mains.
3. Before 1544, Henry, 1st Lord Methven; killed at Pinkie, 1547.
4. 1557, Patrick, 3rd Lord Ruthven.
* Skene mentions that there were two other thanages in Atholl, but that it is not clear whether they were held under the Earl or under the Bishop of Dunkeld. King William the Lion confirmed to the Church and Canons of Scone a grant made to them by Malcolm, Earl of Atholl, of the Church of Loginmaheed, now Logierait, with its chapels of Kilchemi, Dunfol- enthi, Kelkassin and Kelmichel de Tulimath, and with all its lawful pertinents ; but John, Bishop of Dunkeld, granted and confirmed to the Abbots and Canons of Scone the Church of Logymaheed, with the full tithes, benefices, and rights lawfully pertaining to said Church, viz., of Rath, which is the chief seat of the Earldom, and of the whole thanage of Dalmonych, and of the whole thanage of Fandufuith, and with these chapels, Kylkemy, Dunfoluntyn, Kilcassqn Kilmichell of Tulichmet, and all pertinents of said chapels, and a toft in Logyn with common pasture as is contained in a charter of Earl Henry. (Chart, of Scone.)
The Rath, or Fort, is still visible on a height between the two rivers at the junction of the Tay and the Tummel, and the modern names of the places where the four chapels were situated are Killiechangie, Dumfallandy, Killiechassie and Tulliemet, and they are all within the parish of Logierait ; but the two thanages seem not to have been included in Earl Malcolm's charter, and are situated within the territory termed the Bishropric of Dunkeld, now the parish of Little Dunkeld, for Fandufuith is now Fandowie in Strathbran, and Dalmonych is probably Dalmarnoch, on the south bank of the Tay, in the same parish. (Skene.)
^ Sir Robert Gordon states that Lady Janet married, fifthly, James, son of Lord Gray of Foulis, without issue, but this statement has not been verified. (Sutherland Book.)
31* CHRONICLES OF THE FAMILIES 1515
2. Lady HELEN . nt. i, John, 5th Lord Lindsay of Byres; died 1563.
2. 1564, Tho. Moncur, a dependant. She died
1577-
3. Lady Jean . .;«. 1507, James Arbuthnot of that ilk.
4. Lady ELIZABETH . ;«. Colin Mackenzie of Kintail.
5. Lady ISABEL . . in. James Herring of Lethendy and Glasclune.
July I'j, 1 5 15. — The Earl had a precept of sasine from King James V., infefting him in the lands and barony of Struan ; forest and lands of Glengarry ; Kirktown of Struan, called the Clachan ; Blairfetty ; Trinafour ; the lands of the two Bohespics ; Innerhadden ; Grenich ; Port Tressait ; Balantuim ; Isle of Loch Tummel, with the house thereof; Carrick ; Drum- nacarf ; Balnavert and Balnaguard, — which lands were apprised by decreet of the Lords of Council from William Robertson of Struan for default of payment of ^1592 Scots, due by him to the Earl, with the reservation of the thirds, liferent, and con- junct fee pertaining to the ladies thereof for their lifetimes.
The Earl died about 1521.^
JOHN, 3rd Earl of Atholl,
b. 1507.2
m. 1st, Grizel, daughter of John Rattray yr. of that ilk, and had
I. John his successor.
1. Lady BARBARA . m. v^, Jas. Menzies yr. of that ilk.
2. Lady Margaret . m. 1539, John Grant of Freuchie.
3. LadylsOBEL . . wz. 1552, Willm. Stewart of Grandtully.
4. Lady HELEN . . m. Sir John M<=Farlane of that ilk.
5. Lady jEAN . . . m. John Otterburn of Redhall, who d. before
IS9S-
' The contract between the Earl and Countess of Sutherland and the Earl of Atholl regard- ing the marriage of the Master of Sutherland and Lady Janet Stewart was dated at Dunrobin, l6th June 1520, which shows that the 2nd Earl of Atholl was not killed at Flodden in 1513, as has been usually stated. His son was infeft as his heir on 3rd May 1522 by a precept from Chancery of 4th January 1522. (Sutherland Book.)
'■* Scots Peerage.
1521 OF ATHOLL AND TULLIBARDINE 32
6. Lady . . . vt. The Laird of Balfour.
7. Lady . . . ni. The Laird of Balbegno.
The Earl married, 2ndly, 1542, the Hon. Janet Forbes, daughter of John, 6th Lord Forbes. (She married, 2ndly, Alexander Hay of Dalgety; 3rdly, WiUiam Leslie of Balquhain.)
The 3rd Earl's marriage with Grizel Rattray led to a raid which has commonly been known as the Heirschip of Rattray, and of which most erroneous accounts have been given by Douglas and others. The following narrative is taken from contemporary Rattray documents in the posses- sion of the Earl of Kinnoull : —
Sir John Rattray of that ilk was killed at the Battle of Flodden in 1 5 13, having been predeceased by his eldest son John, who had married Margaret Abercromby and had left two young daughters Grizel and Elizabeth. After Sir John's death an Inquisition was held in Perth in 15 16, presided over by John Eviot of Balhousie, Sheriff Depute, to decide the respective shares of his grand-daughters in his estate, when the castle of Rattray was assigned to the eldest, and the Barony and Sir John's third share in some lands in Strathardle and Glenshee were equally divided between them both. The two sisters now fell into the hands of certain designing persons, who were desir- ous of obtaining the property for themselves, and whose cupidity was so great that the children's lives were in danger. Their neighbour the 2°<i Earl of Atholl purchased the right of giving them in marriage, and thus delivered them out of the power of the above-mentioned persons. The Earl brought up and educated the two girls and main- tained them in his house, and before his decease in 1521 married Grizel to his own eldest son, while he gave to Elizabeth the younger sister the right of her own marriage i.e. the right to choose a husband to her liking.
In 1523 the 3'''^ Earl consented to his sister in law's marriage with
32* CHRONICLES OF THE FAMILIES 1526
Robert Stewart son and heir of Henry Stewart of Muren and solicited the said Henry to infeft his son on his marriage in half his estate) whilst he himself infefted Elizabetlv Rattray in the 20 pound of his lands of the Barony of Botharm in the Lordship of Balvenie. At the same time the Earl acquired from his sister in law her half of the Barony of Rattray and her share (one sixth) of the following lands in Strathardle and Glenshee, namely Inverchroskie, Morcloich, Dal- ralzion, Dalmunzie, Leanach, Pitbran and Glengynate, as well as the sixth part of the lands of Kinnaird.
Some time after this the Earl's occupancy of the Barony of Rattray was disputed by Patrick Rattray, 2"^^ son of the late Sir John, upon which the Earl despatched an armed force against him, and Patrick was finally killed at Kinballoch as appears below.
After Patrick's death Silvester Rattray, the y^ son, wanted to serve himself heir to his father and brothers, but being afraid to do so in Perth, on account of the Earl of AthoU's influence there, he applied to King James V and obtained a commission to get himself served in Dundee, The commission narrates that " his brother Pat- rick had been prevented for the space of twelve years from getting himself served heir to the lands, and after great and expensive law suits by the said Patrick, the Earl had sent Walter Leslie, John Stewart, (alias John of Lorn), Thomas Laing and David Stewart, his servitors and their accomplices, and caused kill the said Patrick in his own Chapel of Kinballoch, and that the same Silvester was in- formed that the earl and his accomplices intended similarly to slay him if he wished to prosecute his authority over the same lands." In consequence thereof Silvester Rattray was served heir to his father and brothers in the Barony of Craighall and Kinballoch and infeft therein in 1533, but the Barony of Rattray was held by the Atholl Family till about 1604, when James, 2^^ Earl of the Inner- meath line,^ disposed of it to Sir Robert Crichton of Cluny.
1 See p. 52.
**
1526 OF ATHOLL AND TULLIBARDINE 32*
Indentof betuix my lordis of Athott and Dunkeld for xl tib zeirly to be vpliftit furth of the landis of Gawy and DrumnacarfT for feruing and aflifting him in all his adois 1526.
At ye burgh of Pertti ye viij day of februar, The zeir of god Jyvc and tuentifex zeris It is contrackit appunctit, and finalie aggreit betuix ane Reuerand fader in god George be ye mercy of ye famyn bifchop of Dunkell of yat ane part, And ane noble and mytie lord Johnne erll of Atholl on yat vther part, In maner and effect followand That is to fay ye faid Johne erll of Atholl is bundin and ftraitlie oblift And be ye faitti and treutb in his body bindis and obliflis him to ye faid Reuerend fader to keip In quiet and peax ye faid Reuerend faderis landis tenentis teyndis kyrkmen, and yair pofleflionez fra all moleftacion and trible of all Sornaris and Oppreffouris aganis all mortall, And fall tak anefald leile and trew part with ye faid Reuerend fader In all and fyndry his juft and lefum actiones and quarelis mantein and defend him at his wter power aganis all dedly, The kingis grace, my lordis Argilis perfoii. Scone, and Cathanes, his fpeciall kynnifmen & feruandis alanerly exceptit, And gif ye faid Reuerend Chargis ye faid Johnne erll of Atholl to Rid with him in his gud actionez and quarelis, he falbe Redy in quhat maner and fort ye faid Reuerend fader defiris, The faid Reuerend fader makand & berand hym and his feruandis expenfis for ye tyfii, how oft he beis defirit, ffor the quhilk humanite and kyndnes to be don be ye faid Johnne erll of Atholl the faid Reuerend fader fall Supple defend and help ye faid Johnne erll In his juft quarelis at his power, And fall zerlie content and pay to ye faid Johnne Erll of Atholl The fovm of ffourty pwndis vfuale mony of Scotland, And in part of payment yarof Affignis to hym zerlie mallez of ye faidis landis of Gawy & Drumnacarf to be allowit eftir ye forme of ye Rentale, and ye Remanent tobe payt be ye faid Reuerend fader or his chalmerlanis out yair boxis, At tua termez in ye zeir Witfonday and Martimes in wynter be equale portionez, And for ye obferving and keping of all & fyndry ye poyntis of yir prefent Indentoris, Athir of ye
32*--* CHRONICLES OF THE FAMILIES 1529
forfaidis lordis ar oblift & bindis lelely and treuly till vtheris, tobe obferuit and kepit but fraude or gile, In wytnes herof to yis part Remanand w' ye faid Johnne ^rll of Atholl ye faid Reuerend fader hes affixt his Rovnd Sele, with ye Subfcriptioii of his hand day zeir monetti and place forfaid Befor yir wytnes ane Reuerend fader in god Andro bifchop of Cathines Curatour to ye faid erll confentand herto, S"' Petir Crechtone of Nauchtouii kny'., Patrik Butter of Gormok James Crechton of cranftoon redder, Dauid Scrymgeor of fardill, Robert Lefly, mafter Thomas Stewart parfon of Weyin.
Ge. Dunk.
In 1529 the Earl of Atholl held a great hunt in the Forest of Atholl for the entertainment of James V., who was accom- panied on the occasion by his mother, Queen Margaret, and the Pope's Nuncio.
This hunt is thus described in Pitscottie's History : —
"The King next summer past to the Highland to Hunt in Atholl, and took with him his mother, Margaret Queen of Scotland, and an Ambassador of the Pope's, who was in Scotland for the time. The Earl of Atholl, hearing of the King's coming, made great provision for him in all things pertaining to a Prince, that he was as well served and eased, with all things necessary to his estate, as he had been in his own Palace of Edinburgh. For I heard say this noble Earl gart make a Curious Palace to the King, to his mother, and to the Ambassador ; where they were so honourably eased and lodged as they had been in England, France, Italy, or Spain, concerning the time and equivalent for their Hunting and Pastime; which was builded in the midst of a fair medow, a fair Palace of green timber, wind with green Birks, that were green both under and above, which was fashioned in four quarters, and in every Quarter and Nuke thereof a great Round, as it had been a Block-House, which was lofted and geisted the space of three House-
1529 OF ATHOLL AND TULLIBARDINE 33
Height ; the Floors laid with green Scharets ^ and Spreats,^ Medwarts ^ and Flowers, that no man knew whereon he zeid, but as he had been in a garden. Further, there were two great Rounds on illi side of the Gate, and a great Portcullis of Tree, falling down with the manner of a Barrace,* with a draw Bridge, and a great stank ^ of water of sixteen foot deep and thirty foot of breadth. And also this Palace within was hung with fine Tapestry and arrasses of Silk, and lighted with fine glass windows in all airths; that this Palace was so pleasantly decored with all Necessaries pertaining to a Prince, as it had been his own Palace Royal at home.
" Further, this Earl gart make such provision for the King, and his mother, and the Ambassador, that they had all manner of meats. Drinks and Delicates that were to be gotten at that Time in Scotland, either in Burgh or Land : This is to say, all kind of Drink, as Ale, Beer, Wine, both white and Claret, Malvasy, Muskadel, Hippocras, and aqua vitae.
" Further there was of Meats, wheat Bread, Main Bread, and ginge Bread, with Fleshes, Beef, Mutton, Lamb, Veal, Venison, Goose, Grice, Capon, Coney, Cran, Swan, Partridge, Plover, Duck, Drake, Brissel Cock ^ and Pawnies,' Black Cock and Muir Fowl, Capercailies : and also the stanks, that were round about the Palace, were full of all delicate Fishes, as Salmonds, Trouts, Pearches, Pikes, Eels, and all other kind of delicate Fishes that could be gotten in fresh waters; and all ready for the Banquet. Syne were there proper Stewards, cunning Baxters, excellent Cooks, and Potingars with confections and Druggs for their Deserts ; and the Halls and Chambers were prepared with costly Bedding, vessel and Napry, according for a King: so that he wanted none of his orders more than he had been at Home in his own Palace. The King remained in this Wilderness, at the Hunting, the space of three days and three nights, and his company, as I have shown — I heard men say it cost the Earl of Atholl, every day, in expences, a thousand pounds.
' Turfs. ^ Reeds. ' Meadow-sweet. * Barrier. ^ Pool.
^ Turkey. ' Peacock.
VOL. I. C
34 CHRONICLES OF THE FAMILIES 1529
"The Ambassador of the Pope, seeing this great Banquet and Triumph which was made in a Wilderness, where there was no Town near by 20 miles, thought it a great marvel that ^uch a thing could be in Scotland, considering that it was named the arse of the World by other countries ; and that there should be such Honesty and Policy in it, and specially in the High-Land, where there was but Wood and Wilderness. But, most of All, this Ambassador marvelled to see, when the King departed, and all his men took their Leave, the Highlandmen set all this fair place in a fire, that the King and the Ambassador might see it. Then the Ambassador said to the King, I marvel, Sir, that you should thole yon fair Place to be burnt, that your Grace has been so well lodged in. Then the King answered the Ambassador, and said, it is the use of our Highland men, though they be never so well lodged, to burn their Lodging when they depart.
"This being done, the King returned to Dunkel that night, and on the morn to St. Johnstoun.
" I heard say the King at that time, in the bounds of Atholl and Strathern, slew thirty score of Hart and Hynd, with other small Beasts, as Roe and Roebuck, Wolf and Fox, and Wild Cats." ^
At this period the Earl of Atholl had some difference with his cousin, William Robertson of Struan, regarding the marches between their respective estates. This occasioned a feud betv^reen the two families, and eventually resulted in Struan being captured and executed at Tulliemet in 1530.
This Earl, who was famous for his great hospitality, made considerable additions to the Castle of Blair, including a ban- queting-hall 52 feet by 27 feet. He also possessed a mansion at Dunkeld, which was situated to the north of the Bishop's Hill.
He died in 1542 of sickness contracted whilst serving with the army before the Battle of Solway.
' From the fact that the palace built for the King appears to have been within an easy day's march of Dunkeld, I conclude that the hunting took place in the forest of Cluny.
1560 OF ATHOLL AND TULLIBARDINE 35
JOHN, 4th Earl of Atholl,i
in. 1st, Lady Elizabeth Gordon, daughter of George, 4th Earl of Huntly, and had
1. Lady Elizabeth . m. i. Hugh, 6th Lord Lovat, who died 1577.
2. 1578, Robert, Earl of Lennox and
March (whom she divorced 1 581). He died 1586.
3. 1581, Captain James Stewart of Ochil-
tree, afterwards Earl of Arran.
2. Lady Margaret . ;;z. 1579, George,7th Lord Saltoun of Abernethy. The Earl 711. 2ndly, 1557, Margaret, daughter of Malcolm, 3rd Lord Fleming, relict of Robert, Master of Montrose, and of Thomas, Master of Erskine, by whom he had
I.John . . . his successor; ^. May 22, 1563.
3. Lady Jean . m. 1573, Sir Duncan Campbell of Glenorchy.^
4. Lady Agnes . d. before 1581.
5. LadyGRlZEL. m. 1581, David, loth Earl of Crawford.
6. Lady Mary . m. 1587, Francis, 0th Earl of Errol.
In 1560, in pursuance of the Reformation, Dunkeld Cathe- dral was destroyed. The following document, authorising this destruction, signed by the Earl of Argyle, Lord James Stewart (afterwards created Earl of Moray), and the Master of Ruthven (afterwards created Earl of Gowrie), is amongst the papers of Mr. Stewart-Menzies, formerly of Cardney: —
To our Traist friends the Lairds of Airntully and Kinvaid.
Traist friends, after most hearty commendation, we pray you faill not to pass incontinent to the Kyrk of Dunkeilden, and tak doon the haill images thereof, and bring furth to the Kirk yaird, and burn them oppinly. And siclyk cast doon the Altaris, and purge the Kyrk of all kinds of
1 In the Retour of Service to the Earl on succeeding his father mention is made that the Fortalice called Laighwood was newly rebuilt. The arms of this Earl and those of his second wife are on the outside wall of the church of St. Bride, Old Blair, with the date 1579.
^ Lady Jean on her marriage received from Glenorchy, in life-rent, the 10 merk land of Port of Loch Tay, with the Island, Manor Place, yards, and orchards of the same, lying in the east end of the said Loch, together with the fishing upon the north side of the same Loch and water of Tay, also \ of the S merkland of Eddergole near Bailoch, and the f land of Callelaquhan in the Lordship of Discheor and Toyer.
36 CHRONICLES OF THE FAMILIES 1560
monuments of Idolatyry. And this ze faill not to do, as ze will do us singular empleseur. And so committis to the protection of God.
from Edinburgh the xii of August 1560.
Argyle.
James Stewart.
William Ruthven.
Fail! not, but ze tak guid heyed that neither the dasks, windocks, nor durris be ony wise hurt or broken, eyther glassin wark or iron wark.
Unfortunately no attention appears to have been paid to the latter part of these orders, as the Cathedral and Choir were completely sacked, the windows smashed, and the doors torn from their hinges.
Tradition affirms that what Airntully and Kinvaid left unde- stroyed was afterwards demolished by the Laird of Cardney.
The 4th Earl of Atholl, being a zealous Roman Catholic, strongly opposed the Reformation in Parliament.
In 1 56 1 the Earl was sworn a member of the Privy Council.
In 1562 Queen Mary visited the northern counties of Scot- land, on which occasion Lord Huntly, Chancellor of Scotland and Sheriff of Inverness, who had lately retired from the Court in dudgeon because his son had been put to the horn and imprisoned, meditated an attack on the Queen's forces, with the object of taking her out of the hands of the reformed Lords, and having the influence of her presence for the rallying of the Catholic party. On October 28 Huntly marched with 700 men on Aberdeen (where the Queen then was), but was met at Corriechie, twelve miles from Aberdeen, by the Earls of Moray, Atholl, and Morton, with 2000 men, and easily defeated, Huntly himself being killed and his two sons made prisoners.
In 1564 the Earl of Atholl entertained the Queen at a hunt in the Atholl Forest. The following account^ of the sport was given by William Barclay, one of her Majesty's suite : —
"The Earl of Atholl had, with much trouble and vast expense, a hunting match for the entertainment of our most gracious Queen. Our
' Wiitten originally in Latin.
1564 OF ATHOLL AND TULLIBARDINE 2,7
people called this a Royal Hunting. I was then a young man, and was present on the occasion.
" Two thousand Highlanders, or ' Wild Scotch,' as you call them here, were employed to drive to the hunting ground all the deer from the woods and hills of Atholl, Badenoch, Mar, Murray, and the counties about. As these Highlanders use a light dress, and are very swift of foot, they went up and down so nimbly that in less than two months time they brought together 2000 red deer, besides roes and fallow deer.
"The Queen, the great men, and others were in a Gleni when all the deer were brought before them. Believe me, the whole body of them moved forward in something like battle order. The sight still strikes me, and ever will, for they had a leader whom they followed close wherever he moved. This leader was a very fine stag,^ with a very fine head. The sight delighted the Queen very much, but she soon had occasion for fear upon the Earl's (who had been accustomed to such sights) addressing her thus : ' Do you observe that stag who is foremost of the herd ? There is danger from that stag ; for if either fear or rage should force him from the ridge of that hill, let every one look to himself, for none of us will be out of the way of harm ; for the rest will follow this one, and having thrown us under foot, they will open a passage to this hill behind us.'
" What happened a moment after confirmed this opinion ; for the Queen ordered one of the best dogs to be let loose upon a wolf; this the dog pursues, the leading stag was frightened, he flies by the same way he had come there, the rest rush after him, and break out where the thickest body of the Highlanders was. They had nothing for it but to throw themselves flat on the heath, and to allow the deer to pass over them. It was told the Queen that several of the Highlanders had been wounded, and that two or three of them had been killed outright ; and the whole body had got off, had not the Highlanders, by their skill in hunting, fallen upon a stratagem to cut off the rear from the main body.
" It was of those that had been separated that the Queen's dogs, and those of the nobility, made slaughter.
" There were killed that day 360 deer, with 5 wolves, and some roes."
During the above hunting Queen Mary is understood to have encamped on the shore of Loch Loch, which is situated on the east side of Beinn a Ghlo.
1 Glen Loch probably.
' Unless the habits of deer were different in those times, surely it must have been a hind.
38 CHRONICLES OF THE FAMILIES 1565
On the face of the hill, on the east side of the loch, is " Tom nam Ban Rieh," i.e. " The Queen's Hillock," where tradition states her Majesty took her statien to view the sport.
There is also the track of a road leading from Blair to Glen Loch round the south end of Beinn a Ghlo, which is known as " Rathad nam Ban Righ," i.e., " The Queen's Road."^
Portraits ol James V. and his Queen, Mary de Loraine, and also of Queen Mary and her son, James VI., are at Blair Castle. The latter picture was sent from England by the Queen to Margaret, Countess of Atholl, and the portrait of James VI. was afterwards added in Scotland by a different artist.
In 1565 the Queen gave the Earl of Atholl a commission of justiciary in the northern parts of the kingdom.
In 1566 the Earl excambed the house and land he possessed north of the Bishop's Hill at Dunkeld with John Bertram, the Dean, for his mansion to the north of the Cathedral.
In 1567 he joined the association for the defence of King James VI.
March 24, 1569. — A contract was drawn up at the Haugh of Weem, at the desire of George, Earl of Huntly (the Chan- cellor, and brother of Atholl's first wife), between Archibald, Earl of Argyll, and John, Earl of Atholl, to the effect that, "as there has been much debate between the said Earls of Argyll and Atholl as to the incursions and slaughter committed on the territories of both by the Clan Gregor, the Earl of Argyll becomes bound, between the date hereof and the 8th of May next, to banish out of Scotland the principal malefactors and committers of said incursions, and shall wholly prevent their return or resort within his bounds.
1 Aug-usl 3, 1564. — The Queen wrote a letter to Colin Campbell of Glenurchy in favour of the Clan Gregor in Rannoch, dated at the Lunkartis in Glenlilth (copy at Castle Menzies). Lunkartis is probably a mis-spelling of Long Aird, Boat Height, and was probably on Loch Loch. No place of that name is now known there.
1570 OF ATHOLL AND TULLIBARDINE 39
Neither the Earls of Argyll or Atholl shall in any way maintain or defend any of the Clan Gregor, or any other broken men against the kin or friends of other party, but shall punish all offenders as occasion arises."
April 7, 1570. — Gregor MacGregor of Glenstrae was heddyt at Balloch in presens of the Erie of Atholl by Sir Colin Campbell (of Glenorchy) himself.^
In 1572 the Earl bought the lands of St. Peter's chaplain, which intervened between the house he had acquired from the Dean and the Cathedral.
In 1576 King James VI. made a grant for the erection of a grammar school at Dunkeld.
Jtme 23, 1576. — The Privy Council ordered letters to be sent charging the Earls of Argyll and Atholl to keep the peace, in consequence of "the late slauchter and utheris enormiteis happynnit betuix their freindis, servandis, and dependaris, quhairupon thair is apperance of greit convocationis and further inconvenientis to follow gif tymous remeid be not providit."
Jiily 10. — The Council ordained the above two Earls to " compeir personalie, with thair freindis and servandis, in peciabill maner, not exceding thre scoir personis, with ilk ane of them, befoir his Grace and Lordis, the 16 day of November nix to cum, to underly sic ordour and directioun as salbe imput to thame for the weill and quietnes of the cuntre in tyme cuming, under the pane of rebellioun."
January 29, 1577. — "The Regentis Grace and Lordis of secreit counsale, understanding that this present day being appointit for hering and ordour taking in the troubles and contraversiis standing betuix the Erlls of Ergyle and Atholl, to the Kingis Majesteis obedience and quietnes of the cuntre,
' Black Book of Taymouth.
40 CHRONICLES OF THE FAMILIES 1577
and that they bayth are reparit to the Burgh of Edinburgh, accumpaneit with greit nowmeris of their freindes and ser- vandis ; amongis quhome gif ony, new or forder troubill sould fall out at this tyme, it sould greitlie hinder the intentioun of his Grace and the counsale tuichins: the heringf and ordouringr of the saidis contraversiis. Thairfoir ordanis ane Herauld, maser or ony uther officiar of armes to pas to the marcat Croce of the said Burgh of Edinburgh and thair to oppin proclama- tioun to command the saidis Erlls and all the lieges reparit with thame to this Burgh, and utheris quhatsumevir, that nane of thame tak upoun hand to invade, troubill, molest, or inquiet utheris &c. quhill the finall end of this present assemble of the nobilitee, under the pane of deid."^
After the Reformation, James, Bishop of Dunkeld, granted the Office of Justiciary and Bailie of the Bishopric of Dunkeld to Colin, 6th Earl of Argyll, who in 1577 resigned it in favour of John, 4th Earl of Atholl.
February 2. — Alastair dubh McAlan McEwen or Cameron and John cam,^ his brother, applied to the Regent and the Lords of Secret Council to be set at liberty by the Earl of Atholl, who had some months before apprehended them by force and imprisoned them at Blair. They were represented before the Council by their uncle, Ewen McAne, Captain of Inverlochy. The Earl alleged in defence that his prisoners had been denounced rebels and put to the horn, and were so when he apprehended them, and continued so then, for having committed diverse slaughters, heirschips, and oppres- sions upon certain of his own tenants and servants and others of the king's lieges, for which they were fugitives from the law.
They were ordered to be brought before the Council on the 25th of February, with the letters of horning and evidences of their guilt, failing which, the usual penalties would follow against the Earl.
' Register of the Privy Council of Scotland. ' i.e., blind of an eye.
1578 OF ATHOLL AND TULLIBARDINE 41
February 26. — Mr. Andrew Abercromby, servitor to the Earl, presented them, and also produced letters raised by the brothers and other friends of the late Donald dubh McEwen, by which the said Alastair and John were denounced for the slaughter of the late Donald.^
March 29, 1578. — The Earl of Atholl was appointed Chan- cellor of Scotland, and took the oath at Stirling. Soon after this date, Atholl, with Argyll, Montrose, and others, took up arms to rescue the young King, James VI., from the power of the Regent Morton, but by the mediation of Bowes, the English Ambassador, an accommodation was made in August
1578. In token of reconcilement Morton invited the leaders of the opposite party to a banquet at Stirling on April 20,
1579, after which Atholl was taken dangerously ill, and died at Kincardine Castle on his way home on the 25th, under very strong suspicion of having been intentionally poisoned.
JOHN, sth Earl of Atholl, b. 1563.
m. 1580, Lady Mary Ruthven, daughter of William, ist Earl of Gowrie (who afterwards became the second wife of John, Lord Innermeath, created Earl of Atholl, 1596), by whom he had
1. Lady DOROTHEA . m. 1604, William, Masterof Murray, afterwards
and Earl of Tullibardine.
2. Lady MARGARET . d. young.
3. Lady MARY. . . vi. i. 1603, James, Earl of Atholl, the son of
her stepfather. 2. Capt. Peter Rollock.
4. Lady jEAN . . . vt. i. 1603, Henry, Lord St. Colme, who died
1612. 2. Mr. Nicol Bellenden of Standenflat.
5. Lady ANNE . . . tn. 1604, Andrew, Master of Ochiltree, after-
wards created Earl of Castle Stewart in Ireland.
The widowed Countess, the young Earl, and their friends, made every exertion to discover the instigator of Atholl's murder (if such it was). Both the Earl of Mar and the Earl
1 Register of the Privy Council of Scotland.
42 CHRONICLES OF THE FAMILIES 1579
of Morton were suspected, but no proof of guilt could be brought home to either of them.
John Stewart, ^th Earl'of Atholl, to
Kyncairne, 30 Apyile 1579.
Efter my verray hartlie commendatiouns, seing it hes pleasit God to call my Lord my Father from yis lyff to his mercie, and yat be extra- ordinar meanis of vickit personis throw venemus and extreme poysoun, as God of his guidnes hes maid manifest to y^ sicht of honorable personis, quhilk hes seine and will verifie ye same, besyd ye sycht and lodgement of doctors, cherurgionis and potingars quha hes tryit it, quhilk vpone yer conscience yai will testifie in dew tyme, and seing ye same of neid crawes forder tryell and punisment for sik ane fouU and crewall murther, quhair- onto I dout nocht bot ye Kingis Maiestie my maister will haldhand, and albeit I be bot ane young man, and hitherto hes taine na caire bot vpone my bulk, and in my father's extreme visitatioun haifing resauit his bless- ing, with vther guid and godlie directionis speciallie anent yes that hes beine ye Kingis Maiestie his maisters trew subiectis, and assisting to him for y'^ advanceing y'^ glorie of God, y« Kingis hienes preseruatioun, and ys commonweill of his natiue countrie, villit and commandit me to keip ye lyk fallowschip with zow, and vthers his freindis, faithfull subiectis to ys Kingis Maiestie, as he hes done, and now, being resolut be evident and manifest tukins of his crewall murther be poysoun, I will maist hartlie pray zow to trawell be zour diligence and cair for knawlegeingof y^ doars yerof, as oyerswa to assist me be zour guid counsale and awyse in yis my gret ado.
Albeit my zeris be zoung I sail vant na guid will to follow my father's counsale for acquitting zow, and vtheris guid friendis, quhen it sail happin zow to half ado in zour awin particular. I half delayit y^ buriall of my Lord my Father till sik tyme as may tak sum order with my cuntrie, and, howsone ane day sal be appoyntit yerto, I sail aduerteis zow yat I may haif zour presens to convey his bodie to his buriall, seeiking for zour counsale and aduise in y^ meantyme, and yat zour freindschip will continow withe me, as myne sail do with zow, according to my Fathers mynd. I leive (not) to be mair prolixt, and committis zow to y^ protectioun of y^ eternal God.
King James VI. to Earl oj Atholl.
24 May 1579.
Richt traist cousing we greit zou hertlie weill. Vnderstanding the corps of our richt traist cousing and counselour, zour fader, now resting with
1579 OF ATHOLL AND TULLIBARDINE 43
God, to be zit vnburyed, and that we think meitt that our nearest freindis and kynnismen departing this lyff, in our aige, suld be placed in buriall ewest others, and that in sic] honorable and pubHct places as we mycht the rather be moved to remember thame, and thair gude service, in thair lyvetymes, and thair posterities for thair sakes. As specialie we wishe the corps of our cousing zour fader to be convoyed to Edinburgh, and thair placed ewest our dearest vncle and regent of gude memorie, the eril of Murray, quhilk we doubt not salbe honorable for zou, and to ws it wilbe acceptable. Thus we committ zow in the protectioun of the Almichtie. At our castell of Striueling, the xxiii of Maij 1579.
James R. To oure richt traist cousing the erll of Atholl.
Inquest on the death of John, Earl of Atholl, taken at the Castle of Stirling, fune 16, 1579, in presence of the Kings Majesty and Lords of the Privy Council.
1. Alexr. Prestoun, " Doctour in Medecine," declared his belief that the said Earl died of poison.
2. Mr. Gilbert Moncrief found the humour in the stomach to be venomous, but could not say it was poison, or whether it was exterior or interior, grown within the body.
3. George Boiswell, " Mediciner and Cirurgiane " in Perth, deponed that the Earl's death was by poison administered by the mouth.
4. James Owhegarty, " Irelandman borne, Leiche that ministratis medicine in the mouth, and cuirs outward be herbis," declared that the Earl died by rank venom received by his mouth.
5. David Rettray, " Chirurgiane in Coupare," alleged the Earl's death to be by "ane extraordinare poyson, and that ane spune put in the humour changeit the collour in the cullour of brass."
6. Robert Craig, "burgess of Edinburgh, chirurgiane," said that to appearance it was poison the Earl died of.
7. John Erskine of Dun witnessed that he had seen the stomach, in which there was a red matter, which Dr. Prestoun showed him to be a "cauld poyson."
8. John Duncansoun, Chaplain to the King, alleged that the Earl of Atholl declared he had gotten " ane wrang causles," which the servants and others about him said were the words he used to speak concerning poisoning ; he also deponed that after the Earl's death he saw black lumps on his side, neck, and shoulders.
44 CHRONICLES OF THE FAMILIES 1579
9. Mr. Row, minister at Perth, declared that he could not say of his conscience whether it was poisoning or not the Earl died of.
10. Mr. John Hammyll, minister at ^birruthven, deponed that he saw strange and unnatural tokens in the stomach, black and red, as it were dregs of bread and wine mixed, and that he heard the said Earl say that he had got offence, and God forgive them that had done it.
The Earl's funeral did not take place till July 4th, when it was conducted with great solemnity in the south aisle of the Cathedral of St. Giles in Edinburgh.
A petition was presented by the Earl of Atholl, Margaret, Countess of Atholl, his mother, and his kinsmen and friends, to the King and Estates assembled in Parliament, narrating —
That whereas it is well known to his Majesty and their Lordships that they had craved and insisted order to be taken "in trying of the vnhonest, tressonable and maist vyle mur- thour of my lait father your hienes Chancellair," and how that by confession of the dead and declarations of the learned physicians and chirurgeons, "my said vmquhile father hes deit by the vnhonest, meane and tressonable seruice of poysoun," and that the malicious minds of such as travelled to obscure the form of his dying, envious of him in his lifetime, and enemies to his honour after his death, had taken in hand to accuse him as " ane leare and false speikare " ; also, that although neither in the said Earl's lifetime had he, nor others since his death, accused any person in particular, albeit he being dead was accused of the untruth : That with his Majesty's permission they will maintain the truth and honesty of his father, the King's Chancellor, by " the manheid of our kin and friendis in the noumer of twenty-fyve, fiftie, or ane hundredth, at sic time and place as your Majestic and Lordshipis sail be all law of arms appoint."
The following letter evidently refers to the case of the suspected poisoning of the Earl of Atholl.
1580 OF ATHOLL AND TULLIBARDINE 45
Lady Agnes Murray of Tullibardine 1 to Countess of Mar?
Sister, — Efter maist hartly commendatioun, This is to adverteis yow that my brother Mungo ^ and my sone John, eftir thair hamecuming, hes schawin me of my Lady Athollis bill, giffin in to the Kingis grace, makand me author to sum speiking therein, quhilk, of my honour, is altogidder fals and feinzeit, for my Lord AthoU nevir spak sic thingis to me as scho allegis, nor zit I to hir. Quhairfoir scho hes maist shamfullie leid upon me, and I hoip in God that, as that pairt of hir bill is fals, the rest of hir allegeance sail cum to the sam end. Scho hes not done hir devite in that pairt to mak me author to that thing that I nevir knew, and gif I ver present, sould lat the King and Counsall onderstand the sam. I half been veray euill at eis sin I hard sic forgit leis allegit on honest personeis names, bot I hoip in God, treut sail prevell at lenthe, and my Inocensy sail be tryit in that mattir to thair disavantege that allegis leis in my name befoir thair presence. Sua, leifand to trubill yow with langer lettir at this present, quhill new occasioun, commits yow to Godis protectioun. From Tulibard, this xvi of November (1579 ?)
Zour awyn affec' sistir
To my veil! beluffit AGNES Graem.
sistir, my Lady Countes
off Mar.
The following letter from the Queen to the widowed Countess (entirely in her Majesty's own handwriting) is pre- served amongst the Atholl papers : —
Queen Mary to the Countess of Atholl.
15 March 1580. My good Anti, I hard, be my Secreterai, your fethful good will and keer touards me, as also off yowr too sisters, and am herteli sori that he miht not schou his commission to my soon, for it had been for his well and myn too, as he is lik to perseeaeu, be the dealings off our fals traitours, that, not content off yowr good lords death be poisini[n]g him so vikedli, bot, as I hir zet, conseld yowr soon to agri with his murtherer and meri on off his greatest frindes dauchter, a great ennemy to me, by yowr consent, that I am sur yow would neuuer hauue giuuen on makin yowr frindes privi to it. Wei, qhuosouuer is wise hath caus nou to look
^ Daughter of William, 2nd Earl of Montrose, and wife of Sir William Murray. See p. 15. ^ Sister to Sir William Murray of Tullibardine. ' Mungo Graham of Orchill, third son of William, and Earl of Montrose.
46 CHRONICLES OF THE FAMILIES 1586
about them, for me soon, and all thes he lyks or trusts in, ar in as great deanger nou as euuer they war, and my poor boy as sor enuied as euuer I was, for as young as he is ; bot the Stuarts nou is ail in on rank lyk to fil that they war neuer med off bot to serve vthe[r] folkes tournes. I am sur yow schal hir mor. Nau seeth that he vnderstood not be yowr sister that yow wald hauue had the toknes, for he wald wilingli haif lef them vith yow. I pray yow enquir quhat Dem Corsbi hes doon with the litle goons. I wald nou me soon had them, and knou off me soon iff he hes had me book and pictur; the Lord Seiton had the last, and G. the book. I pray yow let me hir the treuth of his helth, for sum fires me that he is sikli and not lyk to Hue. I had me self a great siknes and indigestion off stomak in his zeres, and vill not fir fort that ; bot let me knou if he hes any schort end or host : for Gods seek tak hid to him and see him offt. God wats qhiou sor I hauue forthocht that I pat him not at the furst with yow, qhuan I was so great a ful as to trust that vnthankful fals woman. God will redres all our wrangs on day, qhuom I besik to hauue you and yours in his protection. Commend me to yowr sisters and yowr dauchter. This xviii off Marche.
Your loouing and asured good cusignes and frind.
Marie R.
To my richt trusty cusignes the Contes of Athel.
June 19, 1586. — A complaint was laid before the Privy- Council by Margaret Blackburn, relict of George Blyth, bur- gess of Edinburgh, that Mr. Andrew Abercromby of Pettelpie, although denounced rebel in 1584 for his failure to pay to her the sum of ^266, still continues at the horn, " frequentand and repairand, notwithstanding, to and fra in all pairtis of this realme as he wer his Majesteis free lege, to the grite contempt of his authoritie and lawis ; like as he presentlie remanis in cumpany as a domestique servand with Johnne, Erll of Athoill, be quhome he is intertenyit, mantenit and kepit in houshald with him, as man and servand, in sic sorte as the said com- plenare can gett na executioun aganis him be letters of captioun, or uthirwayes ; quhairthrow she is liklie to be utterlie frustrat of payment of the said sowme, to the grite hurt of hir, and hir pure bairnis, without remeid be providit."
The Earl having been charged, under pain of rebellion, to produce the said Mr. Andrew, and having failed either to do so
1587 OF ATHOLL AND TULLIBARDINE 47
or to appear and show contrary cause, the Lords ordered the said Earl to be denounced rebeh-^
Memorial to" the Privy Council by the Earl of Atholl of the injuries done him by the Earl of Huntly ^ — 1587.
1st. The Laird and Lady of Weem dwelling within the country of Atholl and being so tender of blood to me and in continual friendship and dependance on my late Father of good memory and myself till the said Laird because that slaughters, &S &'^, intervened between him and broken men on either side. The Laird of Weem accused my tender kinsman the Laird of GrandtuIIy as being "participant in thay wrangis and trublis," which case being tried was found not proven. At which time the Laird of Weem left me and " to my dishonour and contemp was ressavit in mentenance and patrocynie be the said Erie, we than being in freindschip, without ony occasione of breik mouit be me. and he hes alwayis sensyne mantenit the servandis of the said howse of Weyme and thair adherentis, I neuir lukand that he wald haif mellit with defence of ony of my dependeris, we standand in mutuall amitie and kyndnys." Also that various servants, &'=, whom he had dismissed had been enter- tained and supported by Hnntly, &<^, &"=, Also
2nd. " Becaus be werteu of ane contract maid betuix our fatheris of guid memorie, the said Erie is oblissit as air to his father to infeft me as air to my father in the landis of Lochabber under reversione contening the soume of lOOO nierkis, with ane letter of tak for the space of sewin yeris after the redemptione, for the yeirlie pay' of j« merkis money allenerlie, as the said contract at lenth proportis : quhilk is not growndit apone ony accident of court or small occasione, bot for diverse deittis, soumes of money, and uther wechtie causis thairin mentionat — It will pleise y"" Mat''= to cause the said Erie fulfill the same to me, or ellis requit the decisione thairof to the civill juge, according to equitie and law."
Commission to the Erll of A tholl to attend upon the Town of Perth— le^Zg.
James, be the graice of God King of Scottis, to our lovittis, Johnn Moncur messingeris, our shreffis in pairt,
conjunctlie and severallie, speciallie constitut, greting — fForsimekill as we ar credablie informit that thair is bandis practizes conspiraceis and con- vocationis of men in armes in sundrie pairttis of our realme, without our
' Register of the Privy Council of Scotland.
' In 1553 George, 4th Earl of Iluntly, had a charter of the lands of Lochiel and fortalice of Torcastle forfeited by Eugene AUansoune of Lochiel.
48 CHRONICLES OF THE FAMILIES 1589
previtie or allovance, quhilk apperis dangerous aganis our persone and estait. Quhairfoir leist ony thing sail be attemptit upoun the soudane, hurtfull or prejudiciall to the inhabitantis of our burghe and Shirefdome of Perth in thair perrsounes or guidis, we have for withstanding thairof, and the bettir keipping of the samyn burghe frome surprysing, geven and granttit, and be thir presenttis gevis and granttis our full pouer and commissioun expres biding and charge to our rycht trest cousing and Consilour, Johnn, Erll of Atholl, Lord Balvany, to convocat our liegis in vyir lyk maner duelland within the bounds of our said shirefdome, to burghe and land alsweill, for resisting of the insolence of the movaris of this disordour — as for persute of thame as occasioun salbe offerit, and that notwithstanding our lait proclamatioune direct for thair convenyng to us to Edinburgh, quhairanent we dispens, grantis thame licence to remane at hame, provyding that thay concur, and assist our said rycht trest cousing to the executions of this our commissioun at all tymis, as thay sail be requerit be his proclamatioune, missive letters, or uther wayis thairto, with pouer also to him to charge houss to be renderit, undir the pains of tressoun, or horning the persounes disobeyand to rander the saidis houss, to cans be denuncit to our home, as also to assege the samyn houss, rais fyre, and use all kynd of force, and vyirlyk ingyne that can be haid, for recoverie thairof, and generallie all uther thingis to do, and use, that heirin is requesit to be done ferme and stabill haldand, and for to hald all and quhatsumevir thingis he sail lauchfullie do heirin. Our will is heirfoir, and we charge you straitlie, and com- mandis that incontinent thir our letters sein, ye pas and in our name and authoritie command and charge all and sundrie our saids liegis, inha- bitantis of our said Shirefdome of Perth, to burghe, and land regaletie, and ryaltie, betuix saxtie and saxtein yeris, and utheris fensibill per- sounes, that thay and ilk ane of thame, well bodin in feir of veir, repair to sic pairttis as they sail be warnit be our said rycht trest cousing, concur, fortifie, and pas fordvart with him, and utherwayis follow his directionis in all thingis tending to the advancement of our authoritie and service, and chiflie in resisting the insolence of the saidis disordorit persones, persute of thame as occasioun sail be offerit, and reduceing of thame to our obedience, ondir the pain of tinsall of 13'ff, land and guidis, as ye will answer to us heirupoun, the quhilk to do we commit to you, conjunctlie and severaUie, our full pouer be thir our letters, delyvering thame be you, dewlie execute, and indorsit agane to the berar.
Gevin undir our signet, and subscrivit with our hand, at Edinburgh, the sevint day of Apryll, and of our regne the xxij year, 1 589.
This is the copie of the commissioun.
1591 OF ATHOLL AND TULLIBARDINE 49
It is our will, and we command you in his Majestie's name, and ours, that ye, your kin, and freindis be at us in Cuper of Angus the morne, the tent of this instant Apryll, according to the will of the proclamatioune under the pains contenit thairin, this we luik ye will nocht omit, as ye will do his hienes obedience, and us acceptable plesour, and sa committs you to God.
fra Cuper in Angus, this nynt of Apryll, 1589. Faill nocht to be heir the morne be x hours, at the leist sa sone thaireftir as ye may.
Jhone Erle off Atholl.
This year Patrick Ogilvy of Inchmartin excambed with the Earl of Atholl the lands of Urrard mor, in the Barony of Lude, for Pitnacrie in the thanedom of Glen Tilt.^
In 1590 a feud broke out between the Earls of Huntly and Moray, and the former gathered forces to invade the latter's lands, which Moray, assisted by his cousin Atholl, prepared to defend.^
In March 1591 the King and Council, "for the bettir observatioun of his Hienes peax, quietnes, and gude reule in the north pairtis of this realme, lyklie to be disquieted be preparatioun of forceis, convocatioun of his Hienes' lieges in armes, incursionis and persute be way of deid, intendit, as his Majestic is surelie informeit, be the personis undirwrittin " within each other's bounds, ordain officers to charge George, Earl of Huntlie, not to pass be-west the water of Spay, James, Earl of Moray,^ not to cross be-east the water of Findhorne, and Johnne, Earl of Athoill, not to repair be- north the Skarkeith (Sgarsoch ?), till they have his Majesty's licence, nor yet to invade or pursue each other in any way, under pain of rebellion.^
^ Register of the Privy Council of Scotland.
' James Stewart, the " Bonny Earl of Moray," was murdered by Huntly's forces, 1592. ^ Register of the Privy Council of Scotland. VOL. I. D
50 CHRONICLES OF THE FAMILIES 1591
November 5, 1591. — A complaint was made to the Council by Sir Duncan Campbell of Glenorchy as follows : — The six- merk land of Drumnacarf in Perthshire belonging to him in liferent and to his heirs for two nineteen years, he has been in peaceable possession of the same these divers years past, "quhill now of lait Johnne, Erll of Atholl, hes interprisit the trouble and oppressioun of the said complenar in his said possessioun," intending to dispossess him by violence. " For quhilk purpois he has alreddy inhibite and dischargeit the said complenaris tennentis of ansuering him of the maillis and fermes of the saidis lands, threatning thame with all violence and injurie gifif in onywayes thay aknaulege him." His tenants, thus threatened, had refused to pay to him their mails, whereupon he had pursued them before the Sheriff and obtained decree against them, with a precept for poinding of their goods. For executing this precept, the complainer, upon 24th September last, directed Alexander Campbell, sheriff officer, and Finlay M^antaggart, messenger, who apprehended upon the said lands six cows belonging to the said tenants ; and thereafter, while they were driving the same to Perth " to have followit furth the remanent ordour of comprising, lippynning for na violence " from any person, John Reid, officer to the said Earl, John Cousland in Balinseit, Neil McCousland in Balnaguard, James McCallum there, Robert McWyir's son there, Malcolm Reid of Auchtertyre (Easter- tyre ?), John McAlastair McEanwicht in Drumnacarf, William Culloch in Logierait, John McGillechallum's son there, John McAndrew Culloch in Drumnacarf, John Mclain in Balna- guard, and Patrick McGillechallum there, tenants and servants of the said Earl, with their accomplices, "all bodin in feir of weir" and hounded out by the said Earl, had followed the said messengers on horse and foot, and, having overtaken them, not only "utterit mony injurious and disdanefull speicheis," but
1593 OF ATHOLL AND TULLIBARDINE 51
violently reft the said goods from them, "threatning thame with all tyrannic and persute giff they had withstandit." The complainer has patiently borne this oppression out of reverence to his Majesty, and in hope that his Highness, "quha is speciallie tuicheit in honnour and uthirwayes," will take order in the matter.
The foresaid persons, for not appearing as charged, were denounced rebels.^
In 1593 King James VI. led an expedition into the north against the Earls of Huntly, Errol, and Angus, the chiefs of the Roman Catholic party, who evaded his Majesty by retiring to the fastnesses amongst the mountains. The King therefore returned to Edinburgh, leaving the Earl of AthoU as his commissioner for the shires of Elgin, Forres, Nairn, Inver- ness, and Cromarty, and Earl Marischal as commissioner for the shires of Aberdeen, Banff, and Kincardine.
In 1594 Atholl attached himself to Bothwell's cause, and was present at the Raid of Leith (April 3rd), when Bothwell came in collision with the King's forces, and obliging them to retire, almost obtained possession of Edinburgh.
April 26. — Atholl was denounced rebel for not appearing that day to answer concerning his dealing with Bothwell in the " lait tressounable attemptat committit be thame at Leyth, quhair thay come with displayit ensenzeis in forme of battell aganis his Majesteis royall persone in the feildis."
In the autumn of the same year the King granted a com- mission of Lieutenancy in the north to the Earl of Argyll, with the Earl of Atholl and Lord Forbes as his colleagues, with powers of fire and sword against Huntly and the other Roman Catholic Earls. Huntly, however, defeated Argyll on October 3rd at the battle of Glenlivat, inflicting a loss of
' Register of the Privy Council of Scotland.
52 CHRONICLES OF THE FAMILIES 1595
700 men. Immediately after this battle the King arrived in Aberdeenshire with an army, and issued orders to his forces to demolish Strathbogy, Slanes,,and other houses belonging to the rebel lords.
John, 5th Earl of Atholl, died in Perth, August 28, 1595, without male issue, when the title was supposed to revert to the Crown.
In 1596 King James VI. conferred the Earldom of Atholl on John Stewart, 6th Lord Innermeath, who had married the widow of the late Earl. Though the present line is not de- scended from this Earl and his successor, yet, as they will be frequently mentioned, and as there were intermarriages, it is thought best to give a short notice of them here.
JOHN, 6th Lord Innermeath, created Earl of Atholl, 1596,
7)1. 1st, 1580, Margaret, 2nd daughter of Sir David Lindsay, Lord Edzell and Earl of Crawford, by whom he had
1. James, his successor.
2. John.
3. Walter.
4. George.
5. David.
A daughter Elizabeth is said to have been married to Mr. Walter Leslie, parson of Menmore, son of James Leslie of Pitcaple. m. 2ndly, 1596, Mary, Countess of Atholl, widow of the 5th Earl, and 2nd daughter of William, ist Earl of Cowrie,
The Earl died 1603.
JAMES, 2nd (INNERMEATH) EaRL OF ATHOLL,
b. 1583.
m. 1603, Lady Mary Stewart, 2nd daughter of John, 5th Earl of
Atholl, by his step-mother, by whom he had no issue.
In 1597 the new Earl of Atholl appears to have made a raid against the lands of Ashintullie in Strathardle, and
1597 OF ATHOLL AND TULLIBARDINE 53
taken prisoner Andrew Spalding, Laird thereof.^ No tradi- tion regarding this occurrence appears to have been handed down, but the following pardon, granted in 1598 by King James VI. to the Earl and his followers, is amongst the Atholl papers : —
Our Soverane Lord, of his speciall grace and mercie, ordaines ane remission to be maid under the gryt seill, in deu forme, to his Majestie's richt traist cousing
Johne, Erie of Atholl, Lord Balveny and Innermeith.
Sir James Steuart of Balleachane, Knycht.
Sir Walter Rollock of Latoun, Knycht.
Sir James Stewart of Newtoun, Knycht.
Johne Stewart in Foss.
Neill Stewart thair.
Johne Stewart in Drumachastel.
George Stewart his bruder.
William Stewart in Tullichen.
George Leslie of Stralochie.
Neill Stewart in Schierglas.
James Naysmyth of Invar.
Maister Walter Stewart, Scuilmaister of Dunkeld.
Maister James Stewart, Commissar of Dunkeld.
Johne Tarlasone ^ of Monzei.
Johne Tarlasone ^ his sone.
Allastair Tarlasone ^ of Inchmagrannach.
AUastair Stewart )
Patrick Stewart | ^on^^ to Barroun McAllaster.
James Stewart of Bochinskeid. Robert Stewart of Funcastell. Alexander Robesoun of Fascalzie. Alexander Stewart in Cultalone. Patrik Blair of Ardblair.
^ He also appears to have laid siege to Morecloich (now Whitefield) and taken Walter Leslie the laird and transported him to Blair Atholl, where he was imprisoned. ' Robertsons. Tearlachson, i.e. Son of Charles.
54 CHRONICLES OF THE FAMILIES 1601 Chalmer of Drumlochie.
George Campbell of Cronane.
David Campbell of Eister Dunheid.
Robert Alexander in Coupar of Angus.
Johne and Colene Fallowis.
Archibald Campbell in Persia.
Archibald Hering in Drimmie.
Laurence Nerne in Tullifergus.
James Blair in Brustoun.
Johne Pitcarne at the Mylne of Overcullor.
George Cunesoun of Atradoure.
Mr. Alex"" Leslie, sone to . . . Commendator of Coupar.
Johne Butter, fiar of Gormak.
William Bissett, portioner of Balbrogie.
David Donald, portioner of Grange of Aberbrothrie.
George Naysmyth in Scheves.
Robert lak in Balbrogie.
and to ilk ane of thame ffor thair tressonabill cuming be way of hame- suckin upoun the ellevint day of November the yeir of God j"* v<= four scoir sevintene yeiris to the duelling place of Andro Spalding of Aschin- tullie, and thair assegeing the said house with gryt gunnis, pistolettis and hagbuttis, raising of fyre about the same house, and taking the said Andro Spalding captive, contrair his hienis actis, lawis and statutes maid thair- anent, ffor the quhilkis crymes they ar all denuncit his Majestei's rebellis, and put to the home, lykeas at mair lenth is contentit in the indorsationis thairoff, and for all actioun and cryme that may follow thairupon, or be impute to the saidis personis, or any of them thairthrow, in thair bodeis, landis, or guidis in tyme cuming, and that the said remissioun be forder extendit in dew forme, with all clausses neidfull, and that preceptis be direct ordourlie heirupon in forme as effeiris subscryvit be our said Soverane Lord at the day of the yeir of God
jm v<: LXXXXVIII yeiris.
James R.
January 20, 1601. — A complaint was made to the Council by Thomas Tailliour, flesher, burgess of Perth, as follows : — In
1601 OF ATHOLL AND TULLIBARDINE 55
November last, having bought thirty kye at the fair of Elycht from some of the Earl of Mar's tenants, he was driving the said goods towards Perth, when Robert Reid at the port of Tullimet, Thomas Dow there, Malcolm Reid there, and John Reid in Little Dunkeld, all tenants and servants of John, Earl of Atholl, having overtaken him at the Muir of Blair, violently reft from him the said goods, together with his purse and 300 merks of gold and silver, and carried him with them, first to Tullimet, where they detained him that night, and next morn- ing to Dunkeld, where he was detained three nights in "strait ward," and could not get his liberty till he had found caution in 500 merks to answer at the said Earl's court. The said persons being broken men, he can get no redress from them unless the said Earl, their master, shall enter them. The pursuer appear- ing personally, and the Earl of Atholl appearing by Sir James Stewart of Ballechine, his procurator, but the said offenders not appearing, and not having been entered by the said Earl, the King and Council ordain the said Earl and them to be denounced as rebels.
January 31, 1601. — The divers Acts of Parliament ordain- ing Wapinshawings over all parts of the realm twice a year, and proper armament of the lieges, having been "altogidder neglectit and misregairdit " in the Highlands, the Council ordered general musters and Wapinshawings to be made by the inhabitants of those parts. Amongst others, the people of the districts belonorinp;- to the Earl of Atholl and the Laird of TuUibardine were ordered to parade on March ist, each within their own bounds.
The same date an Act was passed for levying some 2000 men in the Highlands for aid to the Queen of England against the rebels in Ireland, the Earl of AthoU's proportion being a
56 CHRONICLES OF THE FAMILIES 1602
hundred men, and the Laird of TuUibardine having with the Abbot of Inchchaffray and the Laird of Lundy to furnish fifty men for Menteith and Strathern.
In " Pitcairn's Criminal Trials " an account is given of the trial for a murder in the district of Atholl.
July 3rd, 1602, Patrick Stewart in Invervack was brought to trial
for having in November 1601, aided by Stewart, his brother, and
Alastair Reoch, his servant, seriously wounded Angus dubh Mclvor, his
servant (for an alleged criminal assault on Stewart, his daughter),
by binding him hand and foot as a malefactor, breaking his right leg with an axe, and barbarously mutilating him with a dirk, " and thairefther " kust him on horsback, and convoyit him to the towne of Blair in Atholl, " quhair the said vmq'<^ Angus tuke bed, and continewand bedfast, in grit " dolour and disease thairof, be the space of fy ve dayes or thair bye ; at " last he, in the said moneth of November deceissit be the said crewall " handling, and swa was crewallie and vnmercifullie slane be thame. " The said Patrik being airt and pairt of the said crewall slauchter ; the " lyke of the quhilk crewaltie and tyrannie was never hard to be committet " within this contrey, nather in hieland nor lowland."
Assize.
John Stewart Neilson in Foss.
William Stewart in Duntanlich.
John Tearlachson apparent of Monzie.
Tearlach Robertson in Calbruar.
Robert Robertson of Strowan.
Alexander Robertson of Faskally.
John Ferguson alias Baron Ferguson.
John Ferguson in Cluny.
David McDuff, Baron of Fandowie.
Alexander Stewart in the Bishopric.
Duncan Robertson of Glengynate.
Mr. Robert Ross of Craigie.
Duncan Robertson of Pitcastle.
James Robertson of Killiechassie.
Andrew Boyd, portioner in Little Dunkeld.
1603 OF ATHOLL AND TULLIBARDINE 57
The prisoner was found guilty, and sentenced "to be tane to ane place besyde the Mercat Croce of Edinburgh, and thair his heid to be strykin fra his bodie, and all his movabill guidis to be escheit."
The same day George Leslie,^ Captain of Blair,
Neil Stewart, in Foss.
Rob' Stewart, in Fincastle.
Alex"" Mcintosh, in Tirinie.
George Mcintosh, his brother.
Alex. Stewart, in Bohespic.
John Butter, in Easter Dunfallandie.
were each fined 100 merks for being absent from the Assize
Andw Burt, elder, in Guilt.
John Stewart McRobert, in Ach-
gobhal. George Naysmyth, of Scheves. James Naysmyth, of Inver.
Between Aug. 26 and Oct. 8, 1603. — John, Earl of Atholl, died, and was succeeded by his only son James, who, as before mentioned, had married Lady Mary Stewart, 2nd daughter of the 5th Earl of Atholl, and sister of Lady Tu'ilibardine.
" Earl James " appears to have been a very weak kind of man, and no credit to the title he inherited.
The following letter from some friend whom the Earl of Atholl had consulted regarding his affairs is principally of interest because mention is made in it of wolf-hunting.
to James Earl of A tholl.
I Junij 1604.
My Lord, — Remembering your L/ inopinatit parting efter so schort ane staye induring the quhilk it was nocht possibill to gif my opinione in so vechte affearis, the particularis nocht being tymuslie imperttit, I have chosin to request your L/ ather to tak the paniss to cum to this your awin howss or to apointt quher I shall cum that I mey gif your L/ my opinione anent sick materis as your L/ conferrit
' At this date Runrorie (now called Urrard) was owned by George Leslie, of Balgonie, who married Anne,'* daughter of Patrick Stewart, of Ballechin, by urham He had a son, Alexander, who became 1st Earl of Leven. A small monumental tablet in memory of one of them, dated 1579, is on the inside of the north wall of St. Bride's Church, Old Blair. The burial-place of the Stewarts of Urrard is beneath it. From mention made of George Leslie as Captain of Blair both in 1589 and 1602, it appears that a garrison was kept there at that period. Leslie was also Baillie of Atholl in 1590.
58 CHRONICLES OF THE FAMILIES 1604
at your pairting and that within fourtein deyis efter the resait heirof, for I purpoiss, God willing, schortlie to hunt the wowlf vnto quhilk giue your L/ hes ane leische of gud houndis to lene for ane deye I vill send for thame; and restoir vnder pane of crydet, and, vpon lyk conditioniss, quhen your L/ huntis, will send my awin folpis.^ Forder for informatione anent the estait of your L/ lieving and howss I haue resavit the Rentall of my vmquhill Lord your L/ father in lawe that deit at Perthe maid in yeir of God jmv<= four scoire sextein quhilk is nocht sufficient informatione tharfor I haue vrettin to the Lard of Cluny to send me perfyit informatione of all infeftmentis, dettis, sowmes of money quhatsumevir contractit ather be your L/ self, your father or father in lawe since the foirsaid yeir. I am merveluslie straitit be Patrick Leivingstone anent the sowmes addett to him be your L/ quhair- foir I haue vrettin to the Lard of Cluny to haist the same for I am deyle boistit with homings. Referring the rest of the premissis to your L/ consideratione and advertesment of all novallis.
July 27, 1604. — Lady Atholl, elder, brought an action against the Earl of Atholl ^ for asseigeing hir houssis with convocation and munition and artelyerie, taking and spulyeing of hir houssis, Vi^rittis, coffers, abulyementis, taking of hir ser- vandis and spulyeing of thair geir.^
April 25, 1605. — " Andro Banerman exemed from the Erie of Atholl's jurisdiction, becaus the Erie had tane him and keipit him in the irnis, he not being convict be any Juge.
" The Erie ordanit to find him caution of lawborrowis under the payne of 5000 merkis, and Andro ordanit to find cautioun before the justice or counsall when he should be chairgit."
Same day. — Andro Banerman and his wyfe exemit from the Bailyies of Dunkeld in respect of the rigorous act geven owt be thame aganis hir ; and the tryell of the sclanderous
' Whelps.
- James, 2nd (Innermeath) Earl.
^ Register of the Privy Council of Scotland.
1606 OF ATHOLL AND TULLIBARDINE 59
speaches alledgit utterit be hir aganis the Erie of Atholl remitted to the presbitrie of Dunkeld.^
April 26. — Sir Robert Crychtoun of Cluny found caution in 5000 merks for James, Earl of Atholl, not to harm Laurence Banerman in Over Cairnyis, or Androw Banerman his brother/
May 2. — An action was brought by James Douglas of Leith, setting forth that on March 21, 1601, David Lindsay, fiar of Vayne, as cautioner and surety of Dame Mary, Countess of Atholl, had been denounced rebel for not paying pursuer 3000 merks as principal and 200 of expenses. Judgment was given against the defender.^
May 7, 1606. — Mr. Jerimie Lindsay of Dimynno found caution for James, Earl of Atholl, in 4000 merks, not to harm William Bannerman of Ledoukie.
The same day Mr. Lindsay undertook, for the said Earl, to pay to David Coupar, factor of the Priory of Charterhouse, beside the burgh of Perth, the sums after mentioned, if it be found that he ought to do so, as part of the following taxations granted to his Majesty for defraying the charges of his mar- riage, of the baptism of the Prince, and of the embassy to foreign nations, viz. : for the lands of Clunis, Camnoch, and Logeret, ^53, 3s. 4d. ; for Wester Dumfallances, ^19, 12s. 6d. ; for the Mill of Pittincrief, £if, 6s. 8d. ; for Easter Dumfallances, with the other half thereof, ^13, i8s. ; for Pitlochrie, with the Glen, ^32, 5s. 8d. ; for Balladollane, with the Glen, ;^io, is. 6d. ; for Drumquhorie, ^10, 12s. 6d. ; for Balnacraig, ^10, 12s. 6d. ; for Balladmond, ^16, iis. 6d. ; for Dalchenis, ^36, 9s. 4d. ; for Ballachandes, Ballindanoch, and Belyetoun, ^34, 6s. 8d. ; for Pitcastell, £'], 9s. 6d. ; for Easter Tye, ^10, 14s. 6d. ; for Wester
' Register of the Privy Council of Scotland.
6o CHRONICLES OF THE FAMILIES 1606
Tye, £(), 12s. lod. ; for Wester Balliyellanoch, £g, 12s. lod. ; for Easter Balliyellanoch, ^9, 12s. lod. ; for the two Balla- chancs, ^22, 12s. lod ; and for Punacreiffis, ^18, 5s. 8d.
October 2. — A complaint was made to the Council by Robert Hepburn of Aulderstoun, that although he has warrant, as Lieutenant of the King's Guard, to apprehend Dame Marie, Countess of Atholl,^ long ago denounced for not paying to James Stewart in Edinburgh " certan grite sowmes of money," yet, in respect she is resetted by the Earl of Angus in his Castles of Tantallon and Douglas, he cannot execute his commission. Charge had been given to the Earl of Angus and to John Douglas, Captain of Tantallon, to deliver the Countess to the complainer, or else to enter her before the Council ; and now Hepburn and the Earl appearing, the Lords ordain the defenders to deliver her to the pursuer, that she may be transported to Edinburgh Castle, Stewart to provide, at his own expense, a litter with horses for her removal.^
October 23. — As though John dubh McGillechallum Stewart^ and Alasdair, his brother, are "fugitives and outlawis for vyld and abominable murthouris and otheris odious crymes," yet they haunt publicly the country of Atholl, and as they are persons for whom the Earl of Atholl is answerable, there is order to charge him, under pain of rebellion, to enter them before the Council on 20th November next, so that they may be delivered to the Justice, and also to appear himself the same day to answer for " the present misreull in the countrey of Athoill and the ordinair intercourse quhilk the broken men within the west and north heylandis hes within the boundis of Athoill, and to
1 Widow of the 5th Earl. '^ Register of the Privy Council of Scotland.
' John Stewart of Tennandrie. His brother Alastair was afterwards hanged in Edinburgh in 1607.
1607 OF ATHOLL AND TULLIBARDINE 6i
gif his advise and opinioun how that misreull and intercourse may be stayed."
November 27. — James, Earl of Atholl, having neglected the charge given him to enter John dubh McGillechallum and Alasdair, his brother, "fugitives and outlawis for vyld and abominable murthouris and otheris odious crymes," and to appear himself to answer for " the present misreull in Athoill," the order is to denounce the said Earl, and to grant him no suspension of horning till he enter in ward in Edinburgh Castle.^
King James VI. to the Privy Council of Scotland (extract).
Whitehall, Dec. 10, 1606. Richt trustie and weilbelovit cosines and counsellouris, wee greete you heartely well. Whereas we are certified of the many detestable villanyes ''and murders committed by John dow Mackgyllychallum Stewarte in Athole, and therewith being surely enformed that he is resette, and ordinarly in household enterteyned by Baron Reade in Athole, Alester Tarlachson in Inchmagrannoch, Neill Stewart McGilly- challum, brother to said John dow, and Neill Stewart of Fosse, thereupon wee have thought good to will and require you that yee give present order for the apprehension of these four persons, resetters and enter- teyners of the said John Dow McGillychallum, and, upon their taking, that yee presentlie committe them to some warde or prison, there to remayne till the said John Dow McGillychallum be exhibited and pro- duced before you for their releefe out of warde; which being done, yee shall then certifie us thereof, to the effecte wee may signifie our further pleasour and will concerning the aforesaidis four persons also.i
January 12, 1607. — Petition by Alexander Flemming, of Moness, and John dubh Kessan, his servant, for a summons against John dubh McKeane and Thomas John McEwenson, who have on several occasions lain in wait for their slaughter — particularly on 1st January instant they with their accomplices John Mcllley, James McKeane, and Ewen McAlan McTailor McKeane, all armed, came to the lands of , and
finding the said John dubh Kessan by the way "strack and dang him and gave him mony blae and bauch straikis," and then finding the said Alexander Flemming on his lands of Moness persued and wounded him in various parts of his body with their "swordis and durkis."^
' Register of the Privy Council of Scotland.
62 CHRONICLES OF THE FAMILIES 1607
January 21, 1607. — Sir Thomas Steuart of Grandtully, John Steuart of Arntully, Sir James Steuart of Ballechin, and John Stewart of Grennich, for John Robertson of Stra- loch, and Alasdair Robertson alias Tarlachson in Balnagrew, either of them in 5000 merks, to answer before the Council when charged touching their resett of John dubh McGilli- challum and his brother. Accordingly the caution of John Robertson, merchant, burgess of Edinburgh, that the said principals would keep ward in Edinburgh till freed by the Council, is discharged.^
February 5. — A complaint by Sir James Johnstone of Dunskellie that Dame Mary, Countess of Atholl, remains unrelaxed from a horning of 15th May last, for not relieving him as surety for her of payment to Robert Erskine, his Majesty's servitor, of 510 merks, &c.
Same date. — Andrew, Lord Stewart of Ochiltree, and Sir Robert Crichton of Cluny, for James, Earl of Atholl, 20,000 merks, that on being released furth of ward in Edinburgh Castle, he will remain in the burgh of Edinburgh till he be freed by the Council.^
Ktttg James VI. to the Privy Council of Scotland.
Whitehall Palace, Feb. 21, 1607. Richt trustie and weilbelovit cosines and counsellouris, wee greete you weele. Quhairas wee understand that the Erll of Athole is committit to warde in the Castell of Edinburgh for not exhibiting befoir you of Johnne Dow McGillichallum and certane otheris brokin men and sornaris having their stay, residence, and common resett within the boundis of Athole, wee haif heirfoir thocht meete to signifie unto you oure will and pleasour that not onlie wee wald haif you to detene the said Erll of Athole still in warde, and upoun no condition ony way releve him furth thairof quhill first these brokin men for whome he is chargeit be enterit, bot that you also call the cheif gentlemen and principall men of quality within the boundis of Athole befoir you ; and suche of thame as ather are justlie suspectit of ony ressett of those brokin men, or whose stealling may mak them be presented, wee wald haif to be committed to some of your prisonis in lyke maner, thairin to remayne quhill, be the diligence of thair freindis and servandis, that oure cuntrey may be purged frome keeping within it ony of suche dissobedyent subjectis.^
' Register of the Privy Council of Scotland.
1607 OF ATHOLL AND TULLIBARDINE 63
March 5. — A commission having been granted to James Gordon, apparent of Lesmoir, for the apprehension of John dubh McGillichallum and his accomplices, murderers, thieves, and oppressors, and he having already taken some of them, "of quhom certane ar worthelie execute to the deid," and Alasdair Stewart, " ane of the maist notable lymmairis of that society," having been presented before the Justice, but the said John and the rest of his accomplices not having yet been apprehended, and having armed themselves with hagbuts and pistolets "the better to stand on thar defence," power is given to Gordon to use hagbuts and pistolets also on his side in the execution of his commission.^
March 1 2. — Complaint by Andrew, Lord Stewart of Ochil- trie, that Dame Mary Ruthven, Countess of Atholl, remains unrelaxed from a horning of 19th February last for not paying him 11,000 merks, &c. Complaint by Archibald Campbell, brother to David Campbell of Denheid, that James, Earl of Atholl, remains unrelaxed from a horning of 23rd February last, &c.^
March 19. — Complaint by James Dalzell, merchant, burgess of Edinburgh, that James, Earl of Atholl, remains unrelaxed from the horning of July 22 last, &c. Complainer appearing per- sonally, there is a warrant to the Captain of the Guard to appre- hend defender, and inventory his goods for non-appearance.^
King James VI. to the Privy Council.
Greenwich, \6/une 1607. Richt trustie and weilbelovit cosines and councellouris, we grete you wele. Oure eirnist desire to prevent the imminent decay of the house of Atholl, the estate quhairof by the facilitie and waiknes of this present Erll is lyke to be overthrowne, did move us to send for him, haveing by our speciall letter to you, our Chancellour, willed you to dispers with his
' Register of the Privy Council of Scotland.
64 CHRONICLES OF THE FAMILIES 1607
present warde, to the effect he mycht repair heir with all convenient speede to ressave from us particulair directioun and commandiment for his awne benefeit and weelefair : we being loath that ony suche house, of that antiquitie, and amang the first of the nobilitie of our kingdome, for laik of goode gyding in the present possessour sould perishe, whenas the freindlie counsellis and admonitionis of these who do affect the standing of his house hes bene utterlie rejectit, at least little regairdit, by him. And now, undirstanding that not onlie he is not licensed to repair hither, but that, being formarlie at fredome within our burgh of Edinburgh, he is committed of new to the Castell thairof, we can not bot justlie be offendit at this misregaird of our warrant sent for his licence to repair hither, it being ane oversight intoUerable in ony subject, bot in the personis of you of oure Counsell altogidder inexcusable, since oure upricht and just inchnatioun is notorious to every one of you, that nouther in that busynes nor in any other particulair els we wer evir moved or induceit to prejudge ather the credite or cautioner of ony that wes committit. And thairfoir we must marvell quhairupon the refusall of his libertie and confyneing of him within a straitair warde have proceidit.
Moirover, oure will and pleasour is that, presentlie upoun the ressett
heirof, you licence the said Erll of Atholl to mak his repair hither, since
we haif directit our speciall warrant to the Captane of oure Castell of
Edinburgh for his releif furth thairof.^
James R.
The Privy Council of Scotland to King James VI.
Edinburgh, 26 June 1607. Most gratious Soverane, — We ressavit your Majesteis letter of the xvi of this instant, and wer extreame sorie that your Majestic sould have ressavit ony miscontentment in that mater; wherein we had no other respect bot to justice and the obedience of your Majestie's lawis. For the warrant anent the Erll of Athoill, not being directit to the Counsell, bot to the Chancellour, not writtin to ony of your ordinarie Secretarie deputis, and not cassheted with your Majesteis cashett, bred us suspitioun that it had bene surreptitiouslie purchest, no other significatioun having ' Register of the Privy Council of Scotland.
1607 OF ATHOLL AND TULLIBARDINE 65
come of your Majesteis mynd, ather to the Counsell or Captane of the Castell of Edinburgh. Besyde that, it implyed a greate injustice, which is far from your Majesteis princeHe dispositioun, that your Chancellour sould free the Erll of Athoill of his warde, and not the las that his cautionaris should stand bound for his re-entree, — to the which thay disassentit alluteriie, and in no reasoun could be astrictit thairunto. . . . . . And yf thair had not bene a moir favourable regaird had to the Erll of Athoill his estate, he had bene by his creditouris layed fast in the tolbuith, whairouteof he had gottin no releif bot by payment of sufficient securitie. We wishe your Majestic sould be informed that nane of the Counsell hes ony particulair aganis the Erll of Athoill, bot all wisheis he wer one that micht supplee that place for the honnour of the cuntrey, and goode of your Majestei's service. And what the want of suche a man dois, the miserable estate of the countrey of Athoill and all the bordouris bounding to that, dois declair. And, not aucht dayis since, Johnne Dow McGillichallum, for whome he is ansuerable, hes hocheit and gorit to the Laird of Lesmoir aucht nolt, and daylie worse and worse to be luiked for. Alwayes, since it is your Majestei's pleasour that he be at hbertie, we half advisit the Erll of Mar, all thir, and other respectis whatsoever, sett asyde, to putt him free.^
In " Pitcairn's Criminal Trials " the fate of Alastair Stewart McGillichallum, brother to John Stewart, a/tas John dubh McGillichallum of Tenandrie, is recorded as follows : —
"June 27. — Dilaitit, accusit, and persewit be Dittay following, viz. that is to say, of airt and pairt of the slauchter of vmq^^ Johnne Stewart of Bonskeid; committit in the moneth of December, the yeir of God ImVjc and fyve yeiris, betuix Dunkeld and AthoU, vpoun sett purpois, provisioun and foirthocht fellony,
"item for airt and pairt of the slauchter of vmq'e Johnne Stewart, secund snne to the said vmq'^ Johnne Stewart of Bonskeid; committit about Paisch ^ in the yeir of God ImVjc and sax yeiris, vpoun the landis of Kilbrochene.
" item for airt and pairt of the slauchter of vmq'e William Leith, att the Kirk of Crathie in Cromar ; committit about tuell yeiris syne, or thairby.
^ Register of the Privy Council of Scotland. ^ Easter.
VOL. I. E
66 CHRONICLES OF THE FAMILIES 1607
"item for cuming with Johnne Dow, his brother, to the boundis of Strathardill, in the moneth of July last by past, and compelling the tennantis of the landis of Strathardill to pay to thame ane skatt ^ of foure hundreth merkis or thairby ; committand thairby manifest oppressioune.
" item for the thiftioiis steilling and reving, be way of maisterfull stouthreif, fra Donaldsoun, chapman, of his pak, with certane mer- chandise thairin ; committit thre yeiris syne or thairby."
Amongst the members on the assize were the following Atholl lairds : —
Sir Thomas Steuart of Grandtully. Alexander Fleming of Moness. Thomas Fergusson of Balyoukan. William Stewart of Kinnaird.
Sentence. — "To be tane to the Mercat Croce of Edinburgh, and thair to be hangit vpoun ane gibbet quhill he be deid ; and all his landis, heritageis, takis, stedingis, rowmis, possessiounis, coirnis, cattell, guidis and geir to be fforfalt and escheit," &c.
June 30. — Understanding that the country of Atholl, which of old "wes moist quiet and peceable, and inhabite be a nomber of civile and answerable gentilmen, professit and avowed enemyis to thevis, revairis and oppressouris," has now become "verie louse and brokin," and an "ordinarie resett for the thevis and brokin men of the North and South Heylandis;" and moreover that a great number of the inhabitants, " sic as Johnne Dow McGillichallum and his complices," have become most violent, committing " vyld and detestable murthouris, stouths, houghing of oxen, and other enormities, the Lords ordain charge to be given to the Baillies and commanders of that country to sett out the ordinair maner of watche for guarding and keiping of the cuntrey, and for the persute and apprehensioun of malefactouris," and to appoint captains over
' Compulsory tax similar to black-mail.
1607 OF ATHOLL AND TULLIBARDINE 67
the watch by the advice of "the Lairds of Garntullie and Balleachane, WilHame Stewart of Kynnaird, Johnne Stewart Neilsoun, &c.," within six days after being required, under pain of rebellion. The inhabitants are also to be charged to assist the captains and companies of the said watch, under pain of being held as " favoyrers " of the broken men there.^
November 26. — Patrick,^ Commendator of Coupar, com- plained to the Council, that having been lawfully provided to the Abbacy of Coupar, and possessed therein by the Sheriff of Angus and the Bailie of the regality of Coupar on 3rd November last, he had continued in peaceable possession of the
same till instant, when James Stewart, father brother of
James, Earl of Atholl, accompanied by James Naysmith of Inver, Robert Naysmith, Donald Mclntyre, Robert Reid in Haugh of Tullimet, James McGilliquhallane in Balnaguard, Patrick Baron there, Robert Baron, his father, there, John Reid there, John Mclan dubh, Robert McNaughton there, John Clerk, son of Robert Clerk in Tullimet, David Fleming in Craganfearn, Malcolm Mclntyre in Achnabeich, Patrick Reid there, Donald og Mclntyre in Blaris, Thomas Mclan dubh in Convallich, Robert Mollach in Tullimet, James Fer- guson in Inch of Logierait, George Steuart, brother of the Laird of Ballechin, James and Robert Naysmith, sons of James Naysmith of Inver, Patrick Robertson and John McLachlan, his servitors, with others, all armed with jacks, steelbonnets, platesleeves, and other weapons, and with hagbuts and pis- tolets, came to the said Abbey, forcibly broke up the doors of the place, removed the Commendator and his family, and intromitted with his whole goods therein. They have "streikit thair pleughis in his yairdis and orcheardis within the precinct," and still hold the said Abbey as a house of war.
' Register of the Privy Council of Scotland. * Patrick Stirling ?
68 CHRONICLES OF THE FAMILIES 1609
Charge had been given to the said defenders to answer ; and now, pursuers appearing personally, and passing from the pursuit of the said George Stejaart, who is also present, and declaring that they will use him as a witness, and James Naysmith of Inver, and Robert Naysmith, his son, also appear- ing, but none of the other defenders, the Lords find : — •
1. That James Naysmith, younger, second son of the said Laird of Inver, and Patrick Robertson, servant to the said Laird, came as libelled with the said James Stewart to the place of Coupar, accompanied by a number of "hieland men, haveing a bagpype afoir thame," and surprised the Abbey place :
2. That said James Naysmith, elder, and his wife, dwell in a house of the Abbey formerly occupied by the said Commen- dator :
3. That the said James's servant threshes his corns within the hall of the Abbey :
4. That the said Highlanders are supplied with meat and drink by the said James Naysmith, elder, and his said servant :
5. That the said James's servant " streikit his plewis in the orcheard and yaird of the Abbay, and teillit the same."
They therefore ordain the said James to be committed to ward in the Tolbooth of Edinburgh ; the non-appearing de- fenders are to be denounced rebels, and there is also order to charge all the defenders to deliver the said Abbey to the Commendator.
January 10, 1609. — " Forsamekle as the appeirand danger of the brek of his Majesteis peace and the disquieting of the estaite of the cuntrey haveing moved the Kingis Majestie to gif ordour for the commiting of the present Erll of Athoill within the Castell of Edinburgh, thair to haif bene detenit unto suche tyme as the suirtie of the cuntrey wer providit for, his Majestie tharefter persaveing quhat small benefit did
1609 OF ATHOLL AND TULLIBARDINE 69
arise be his retentioun in waird, and how unhable he wes to dischairge that place he wes borne to, and that his awne simplicitie had procurit the contempt and disdanfull diss- obedience of suche who ever accustumat heirtofoir to serve and follow the formair Erllis of Athoill, and that brokin men and soirnaris did daylie increse within his boundis, his Majestie thairfore did send for him ; and, at his comeing to his Heynes, without ony motioun maid be his Majestie thairof, he, acknawlegeing his awne unhabilitie for suche a place, humelie intreated his Majestie that his Heynes wald disburdyn him of this supportable chairge, and thairupoun did then subscryve a band, yit extant : But quhill some forder ordour wer concludit for selling of that busynes and providing of some fit worthy man for that place, his Heynes did returne the said Erll of Athoill in the chairge of Waltir, Lord Blantyre, haveing directit his Heynes warrant for this effect, within the Castle of Dunbertane, thair to have remanit untill suche tyme as boith he wer unlaidnit of that whiche he wes not able to beir, and his creditouris satisfeit at whose instance he wes arreistit in his former waird : His Majestie haveing thairwithall remitted unto the said Lord Blantyris discretioun the useing of that warrant as he sould think meit, ather be the entrie of the said Erll of Athoill in waird or saulff retening of him in his awne company to be furthcumand. And now, as his Majestie is informit, the said Lord of Blantyre being too credulus of the utheris honnestie, and trusting over fer unto him quhose facilitie did deserve no suche credite, reteyned him at his awne house, dreameing of nothing les then that he durst have interprysit ony suche foolish course as to have eschaiped. Nevirtheles, the said Erll, forgetfull of his awne credite and honnour and of that dewtie quhilk he aucht to his Majestie, hes craftelie and quietlie convoyed himselff frome the said Lord of Blantyre, and hes reteirit himselff to some
70 CHRONICLES OF THE FAMILIES 1609
pairtis in Athoill or Stratharne ; quhair he remainis at his pleasour. Whose folie as it can not be ana apologie for him in this cais, so his Majestie will have none of his subjectes to presome at thair awne hand to tak libertie quhen they are at commandiement, his Majestie holding this form of eschaip in that same qualitie as the brek of his Majesteis waird ; and thairfore ordanis letters to be direct, chairgeing the said Erll of Athoill to compear personalie before the saidis Lordis upoun the xxiiii day of Januair instant to answer to the premissis, and to undirly suche ordour thairanent as salbe thocht expedient, undir the pane of rebellioun."
His Majesty being informed that William, Master of Tullibardine, John Grant of Freuchie, and Mr. James Stewart, Commissary of Dunkeld, have been the plotters of the escape of the Earl of Athoill, and have supplied and accompanied him since, though they cannot be ignorant of the said Earl's restraint by his Majesty's directioun, there is order to charge the said persons to appear before the Council on the 24th instant to answer to the premisses, under pain of rebellion.^
February 7, 1609. — Complaint by the King's Advocate, and by Andrew Bannerman in Dunkeld, James Bannerman, his son, William Bannerman there, Francis Scott there, George Bannerman, fiar of Cardney, and John Forbes alias Mclnnair,
younger in , as follows : — Adam Reid in Pitnacree, John
and Adam Reids, his sons, David, John, and Malcolm, brothers of said Adam, elder, John dubh Miller, servitor to the said Adam, John Glasach Miller, tailor, Malcolm and William Reids in Easter Pitnacree, William Fyfe in Dunkeld, John and Thomas Marshalls there, Thomas Taylor there, Malcolm Reid in Eastertyre, Adam Reid, his son, Thomas McWorich, John McWorich, his servant, George Stewart, brother of the Laird of Ballechin, Patrick Stewart and Andrew Bonar, servi-
' Register of the Privy Council of Scotland.
1609 OF ATHOLL AND TULLIBARDINE 71
tors to the said Laird, Donald Reid, officer, Adam Innes, his servant, John McUrest in Logierait, Patrick Gow in Pitcastle, Malcolm McRobert in Tulliepowrie, Robert Baron in Balna- guard, Patrick Baron, his son, James McGhillechallum there, James Reid, saddler, Thomas Bisset in Dunkeld, John Robert- son there, James Stewart there, McGressich Gow, Andrew Miller in Pitnacree, Donald Mc'ille Mhoir, Donald McAy, weaver, John McAy, his son, John Ambrose, and Thomas Mclan Mhoir in Dunkeld, came on 26th October last, with others, to the number of five score persons, all armed with swords, gauntlets, platesleeves, bows, dirks, darlochs, targes, broadaxes, and two-handed swords, and with hagbuts and pistolets, to the city of Dunkeld, and there made a diligent search for the pursuers, compelling them to take to their houses, and remain within them three days. Finding them- selves thus disappointed of their "wicked interpryse," they discovered that the said George Bannerman and John Forbes alias Mclnnair, who never offended them, were the said day to repair "furth the hie way neir by the said citie," whereupon the said Adam Reid, younger, John Reid, brother of said Adam, elder, John dubh Miller, John Glasach Miller, and Malcolm and William Reids in Easter Pitnacree, armed as said is, waylaid the said two in the wood called the Ords, and " howsone the saidis personis persavit thame coming by thame, they start furth of bussis and come alswele before as behind the saidis George Bannerman and Johnne Forbes, presented hagbutis unto thame, of purpois to have slane thame : quhilk they had not faillit to have done wer not be the providence of God the same misgave." They, however, discharged a number of arrows at the said two, and shot Mclnnair in the left side above the ribs, leaving him for dead. Charge had been given to all the said defenders to answer this day ; and now, pursuers appearing personally, and said Adam Reid in
72 CHRONICLES OF THE FAMILIES 1609
Pitnacree, James Stewart, Thomas Robertson, John and Adam Reids, sons of Adam Reid in Pitnacree, Andrew Bonar, Donald Reid, and William Fyfe, notary, being also present, but none of the other defenders, the Lords' find the shooting of the said John Forbes with an arrow in the left side to have been proved against the said Adam Reid ; for which he is ordained to be com- mitted to ward in the Tolbooth of Edinburgh. They assoilzie the other defenders from the complaint, but ordain both parties to find caution hinc inde in ^500 before leaving Edinburgh.^
February 9. — In September 1603, commission of Justiciary had been granted to James, Earl of Atholl, within the Earldom of Atholl, the Priory of Charterhouse, the Abbacy of Coupar, and within certain other lands, for the space of one year and till discharge, in the hope that the said Earl, following the example of his predecessors, would keep the said bounds in peace. As, however, "all kynd of iniquitie hes had a fer gritter grouth and progres without comptrolment within the said boundis thir yeiris bigane nor of a long tyme preceiding, and divers vyld murthoris and utheris insolenceis hes bene com- mitted within the same and noway tane ordoure with and punist be the said Erll ; " and as it is not reasonable that those who are denounced rebels themselves should have rule over others, the Lords discharge the said commission, and ordain proclamation hereof at the market crosses of Perth, Banff, Dunkeld, and other places needful.^
King James VI. to the Council of Scotland.
Whitehall, 7 March 1609.
Richt triistie and weilbelovit cosines and counsellouris, we greete
you weele. The disordourit estate of the boundis of Athoill, and the
daylie incresce and grouth of brokin men and sornaris committing divers
insolenceis and outrages bothe within that boundis and als in the night-
' Register of the Privy Council of Scotland.
1609 OF ATHOLL AND TULLIBARDINE 73
bouring pairtis, moved us to committ the Erll of Athoill (who be his place ought to haif remeidit the same) in warde within our Castell of Edin- burgh. Bot finding his retening to procure small amendiment, in regaird of the unworthynes and contempt that wes had of the man, and being sory to see ony of oure nobilitie so far degenerat, and wilHng you to provyde for the suirtye of oure peace and quietnes in these boundis, we did thairupoun send for him hither to oure court. And upoun his first repair, without ony motioun maid to him, he voluntarlie offerrit the sale of his Erledome unto us ; bot, in regaird of the grite sowmes and debtis wherin he wes engaged, and that most of the landis wer morgaged, and of other difficultyis and troublis arrysing in the bargane, we wer un- willing to deale thairin ; alwayes did tak his speciall band that he wes willing for pryce to dispoise the same unto us. And thairupoun we maid choise of the Lord of Blantyr as a fitt man to bargane for that bloke ; unto whome we then committed the custodie of the said Erllis persone, having directit with the said Lord of Blantyr a warrand for committing of the said Erll to our Castell of Dunbartane, in caise he sould tak ony feir or distrust of the said Erllis eschaip frome him.
Yitt he, relying forder upoun his honnestie then he had outher goode warrant or former prooffe of, and trusting too muche in him who hes kytheit unworthie of credite, did nevir use that our command for com- mitting the said Erll to Dunbartane, bot did keepe and intertein him in goode sorte at his awne house ; at which tyme certane conditionis wer sett doun and past in wryte betuix thame anent that bargane. Wher- upoun, as we ar informed, the Lord Blantyr did deburse grite soumes of money, and componed for and payed grite debtis for him, and standis still ingaged for muche more to be payable heirefter; and, whileas the Lord of Blantyr wes in least distruste of ony suche mater and expecting bot some fitt occasioun to end and perfyte his securityis, then did the said Erll mak a prevey eschaip, both wronging us thairby and intending by dissait to overthrow the just precedingis of the said Lord Blantyr with him, and to bring him for his kyndnes and goodwill oflFerred at oure command and directioun within compas of muche hasaird and inconvenience. We ar thairfoir heirby to will and desyre you to advise with oure counsell of that kingdome upoun the best and reddiest meanis how the Lord Blantyris releiff for that whereunto he is ingaged in this busynes may be provydit for, how that the Erll of Athoill, so unworthie
74 CHRONICLES OF THE FAMILIES 1610
of his place, may be restreaned frome disposing any of his estate in prejudice of that band maid unto us thairof, since conscience and reasoun wald require satisfactioun and recompense sould be maid to the Lord of Blantyr for the losses sustenit by him -in undertaking this charge of the keeping of the said Erll, upoun a goode intentioun to half setled the estate of that house, whiche bothe then wes and still is liklie to be ruyned by this Erlhs possessing of that place. And als it wald be advised how his persone, which wes presonner and releived by us upoun hoip to half setled his affairis, may be of new committed to that same warde agane. Off per- formeing of the whiche we do expect at your handis all cair, diligence, and speede, as you will do us acceptable service. And so we bid you fairweele.^
March i, 1610. — Complaint by Adam Reid, younger in Pit- nacree, on the i6th January last, Donald Ferguson in the Wood of Edradour, and Peter McKerras and McMulliar Tailyeour, his servants, learning that complainer was in the house of John Morrison in Moulin, conveyed themselves at midnight to the chamber where he was sleeping, "and finding him on a sound sleip, they entered in a quiet dispute quhidder to tak his lyff sleipand or gif thay sould walkin him and then dispatch him." Having resolved first to waken him, "thay did tousill and kitle him with thair handis, and thairwithall, afoir he wes throughlie walknit, pat violen hand in him, and with drawin swordis and durkis gaif him mony deidlie woundis in divers pairtis of his body."
Defenders not appearing, were denounced as rebels.
Same date. — Action by Mistress Dorathie Stewart, eldest living daughter of the late John, Earl of Atholl, and William, Master of Tullibardine, now her spouse, against James, now Earl of Atholl, as unrelaxed from a horning of 1607 for not paying them ;^iooo as the last term's payment of 3000 merks specified in a decree dated 1604.
Defender to be apprehended for not appearing.^
^ Register of the Privy Council of Scotland.
1611 OF ATHOLL AND TULLIBARDINE 75
August 24. — A commission under the Signet was granted to James, Earl of Atholl, and John, Earl of Tullibardine, to convo- cate the lieges in arms for apprehending all persons of the Clan Gregor, their followers and partakers, wherever found, and for entering them before the Justice of the Council for punishment.^
January 3, 161 1. — A complaint was made by the Lord Advocate against John Cunnison of Edradour, John Robertson of Straloch, Neil Stewart in Inner Kynachan, Robert Stewart in Fincastle, George Leslie in Toldamph, and Donald Reid in Logierait, for having resetted and entertained James, Earl of Atholl, who had been put to the horn in 1609 for escaping from the custody of Lord Blantyre.
Defenders not appearing, are denounced rebels.'
January 11. — Sir James Steuart of Balliachin as principal, and Johne Stewart of Graniche as surety for him, et vice versa, and William Fergusoun of Derculych as principal, and Thomas Fergusoun in Belliyeacone as cautioner for him, et vice versa, 1000 merks each, not to reset or intercommune with James, Earl of Athoill, while unrelaxed from the horning against him for escaping from Walter Lord Blantyre, to whose custody he had been committed by his Majesty's special direction.'
February 7. — A complaint was made by the Lord Advocate against John dubh Mclain mhoir in Ardceanncoille, John Stewart in Blair Uachdar, Duncan Mclan mhoir in Pitnacree, William Burgh at the Mill of Clunie, Neil Stewart in Shierglas, Alastair Stewart in Tulloch, Alastair Stewart in Urrard mor, Neil Stewart in Urrard beag, and Andrew Burt in Mains of Blair, for resetting and intercommuning with James, Earl of Atholl,
Defenders not appearing, were denounced rebels.'
February 28. — John, Earl of Tullibardine, William, Lord Murray, his son, Harry, Lord St. Colme, Sir Duncan Campbell of Glenorchie, Alexander Colquhoun of Luss, Sir George
^ Register of the Privy Council of Scotland.
76 CHRONICLES OF THE FAMILIES 16U Buchanan of that ilk, James Campbell of Lawers, and
McFarlane of Arrochar, appeared before the Council, and, having proponed their excuses why the service they under- took against the Clan Gregor has not been executed, the Lords find that they have not fulfilled their promise, reserve farther deliberation in this matter, and in the meantime ordain them to return home, so that the Clan Gregor may have no reset within their bounds.^
"The quhilk day" the Master of Tullibardine "was com- mittit to warde in the Castell of Edinburgh for his misbehaviour in uttering of some uncomelie speeches aganis" the Laird of Buchanan "at the counselhous doir;" and the Earl of Tulli- bardine and Laird of Buchanan "wer commandit to keepe thair ludgeingis quhill thay be freed." ^
March 5. — The Master of Tullibardine and the Laird of Buchanan, being both present before the Council, " the Master grantit that he had offendit the Laird, and that he wald mak him amendis at the sicht of his Majesteis Counsell or of wyse freindis. Quhilk confessioun and grant Buchanan acceptit as full satisfactioun for the offence done to him ; and thairfoir thay bothe renunceit all quarrell and miscontentment quhilk thay had consavit the ane aganis the uthir, and hairtelie imbraceit ane anothir and choppit handis. Wherupoun the saidis Lordis releivit thame bothe of thair wardis, as alsua releivit the Earl of Tullibardine of his warde." ^
It appears that early this year the King granted a com- mission of Justiciary to William, Master of Tullibardine, over the district of Atholl, to which appointment the Council made objections.
May 28. — The King wrote from Greenwich requiring the Council to inform him more particularly as to the grounds of their objections.
' Register of the Privy Council of Scotland.
1611 OF ATHOLL AND TULLIBARDINE 77
June 6. — The Council replied to His Majesty : —
"In the particular pointis and heidis thairof following we find thir scruplis and doubtis : —
" \st. Ane ample criminall jurisdictioun ovir the boundis and landis of divers barronis and lawbyding subjectis, who, and thair hail! tennentis and servandis, are answerable and obedient to justice — the lyke quhairof hes nocht bene in use to be granted heir.
"2«a?. The conservatorie of Y"" Ma''es haill forrestis within the said boundis, whairof, as we ar informit, some personis pretendis heritable richt and title, and aucht to be hard for thair interesse.
" "^rd. The royall and soverane pouer of justiceairis, whilkis thir money yeiris bigane hes not bene hard of in this Kingdome, and are not usuall in the persone of a subject, bot onlie proper to Your Majesteis heich justice.
" ifth. The haill eschetis of the courtis and airis; whilkis ar nevir disponit bot in some heich point of service for repressing of ane oppin and avowed rebellioun tuitching the haill body of the estaite.
" ^th. Ane limitatioun of all the soverane courtis of the Kingdome with ane expres prohibitioun that no exemptioun, dischairge nor suspensioun sail pas aganis him in ony point of his commissioun.
" 6th. The commandiement of all the castellis, houssis and strenthis within the boundis of his commissioun, for resset of him and his company, for balding of his courtis and keipin of his presounaris thairin, — in whiche point thair is mony of Your Majesteis subjectis who will pretend verie just caus of greif and discontentment gif they salbe dispossest of thair houssis and the same convertit to jayllis and prisonis.
" yth. This Commissioun is for term of lyff, wheras uther commissionis granted heirtofoir ar for some schorte space allanerlie." ^
King James VI. to the Privy Council of Scotland.
Greenwich, i% June \(,i\.
Richt trustie and richt weill beloved cosen and counsallour, and
trustie and weill beloved counsallouris, we grite you wele. We half
resavit your letter conteyning your opinioun of the commissioun granted
to the Master of Tullibardin. For answer quhairunto we have thoght
1 Register of the Privy Council of Scotland.
78 CHRONICLES OF THE FAMILIES 1611
good breiflie to set doun our judgement concerning every particulair heid — and, first, touching the boundis wher the said commissioun wes to be used, our intentioun wes that the same sould be used onlie in the boundis belonging to the Eril oT Atholl, leving oute the landis and tennentis of uther gentilmen used to be left oute of the lyke commissioun, suche as GarnetuUie and Weeme.
As for the conservatioun of our forrestis in these boundis, we wonder that ye could any way quarrell that point, considering boithe quhat waiste is maid and quhat scairsty of woodis in all that kingdome, so as, gif everie particular persone sould be permited at his pleasour to cut down and destroy, thair wold little or none at all schortlie be left. And, althoght the ground did belong to privat personis, yit micht we lauchfullie gif commissioun to any man for preservatioun of the deare ; whiche by all meanis possible we will haif cherisched and preserved.
As tuitching the power of holding of justice airis, we perswade ourselff that nather will be evir challangeit, nather is it our meaning that ony privat subject sould have suche authoritie ; and thairfore let that claus be altogidder omitted. And, for the eschetis of courtis, as they can amounte to na grite mater considering quhat kynd of people he must meddle with, so we do not think thame muche worthy the standing upoun; yit sail ye tak suche course thairin as haith bene taiken in commissionis of the lyke nature heirtofoir. But, conserning the absolute soveranytie of his jurisdictioun, quhairby the poueris of our speciall heich courtis ar limited, althoght we grant unto him a commissioun of justiciarie, yit was it noway our intentioun in any the least jote to prejudice the authoritie ather of our Prevey Counsale or Colledge of Justice; and, as it evill beseameth any subject to acclame any suche prerogative, so sail you quite bloote it oute.
As for the houssis or strenthis, as we ar certane that no gentilman will refuise for a nicht to ressave him or any his servantis with a theefe or uther malefactour by thame apprehendit, being far frome any ordinarie prisone or house of his awne, or to let him have the use of his house for a day or some suche schorte tyme for the necessair performeing of our service, so is it far frome our meaning that ather he sould take the keiping of any manis house or use the same aganis the awneris will, muche les to put him oute of duris, or at any tyme to overburdyne him with unnecessar company, quhairby he may be put
1611 OF ATHOLL AND TULLIBARDINE 79
to any extraordinarie charge. And, lastlie, quhairas the said commissioun is granted to the said Maister for all the dayes of his lyftyme, that is indeid a noveltie noway to be suffered ; and thairfore ye sail caus the same to be maid endureing our pleasour onlie and no longer. Thus have we set doun quhat we think fitting in this matter; according to whiche articlis gif the said Maister will accept of a commissioun, we ar content that you sail expede one unto him ; or, utherwyse, geving him commissioun for preservatioun of our forrestis and deare, we will not stick to retreate all other commissionis of justiciarie in those boundis, provideing that he as Schireff will undertake that service as his office requireth. And, thus referring all uther materis to some uther occasioun, we bid you fairwele. JAMES R.^
Whether the Master accepted the commission is not known, but a month later His Majesty granted a commission for pre- servation of deer in the Highlands to Sir Patrick Murray, the Master's younger brother, at the same time writing to the Council as follows : —
King James VI. to the Privy Council of Scotland.
Windsor Castle, 2.2 July 1611. Richt trustie and richt weilbelovit cousin and counsallour, and utheris our trustie and weilbelovit counsallouris, we grite you wele. Haveing sent our servant Sir Patrik Murray, one of the gentilmen of our Prevey Chalmer, to tak a course for preservatioun of the deir in the heigh landis of that our Kingdome, we have thoght good by these presentis to re- commend him unto you, willing and earnistlie desyring you to assist him in all thingis quhairin for that effect he sail stand in neid of your help, especiallie by directing your letters to suche noblemen and otheris as he sail require you, and according as he sail frome tyme to tyme sie occasioun. Further heirin we do not write, considering the berar his awne presence thair; bot, assureing ourselff that your readynes will not be wanting whensoevir he sail require you, in respect that our earnist desyre to have the game preserved is not unknown to any on of you, we bid you fairwelle. James R.^
' Register of the Privy Council of Scotland.
8o CHRONICLES OF THE FAMILIES 1611
July 25. — Complaint by Robert White in Auchlois, Simon Loutfoot in Pittendynie, Andrew Smith, servitor to the said Robert, Thomas Mitchell in Lacok, Alexander Buchan in Pitlandie, John Moir in Schannocher, and John McEwen in Pitlandie, that on the 15th instant Laurence, Lord Oliphant, apprehended them on the highway and committed them to ward in the place of Dupplin, where they are detained in "miserable presone and captivitie," they being free lieges, and he having had no warrant to take them.
Lord Oliphant appearing, and having called the pursuers before the Council, affirms that he had lawfully committed them to ward, because he had taken them with hagbuts and pistolets about them ; and White having confessed that he had a hagbut, and Loutfoot that he had a pistolet at the time aforesaid, and the other pursuers having admitted that, at command of their master, the Earl of Tullibardine, they were coming to meet him at Lord Oliphant's mill-dam on the water of Earn at the time above written, the Lords assoilzie the defender from the complaint of White and Lout- foot, and ordain these two to be committed to ward in the Tolbooth of Edinburgh, but order Lord Oliphant to put the other pursuers to liberty, and to find caution within forty- eight hours hereof to keep the peace with the Earl and Master of Tullibardine, under pain of 20,000 merks,^ and to remain on this side of the Forth till he be freed by the Council.^
August I. — Complaint by Laurence, Lord Oliphant, as follows : — Lord Oliphant having resolved to build a mill on his lands of Dupplin, " first causit cast the lead and wattergang for the said mylne, and biggit ane dam, weill and substantiouslie gairdit with fourty tua cupplis of aik," for holding in the water
' £\\l\, 2s. 2|d. sterling. ^ Register of the Privy Council of Scotland.
1611 OF ATHOLL AND TULLIBARDINE 8i
of the mill, and expected to have finished the work without any trouble, " now in this tyme of so universall obedience and quietnes under his Majesteis most happie and blissit governa- ment." But in July last William, Master of Tullibardine, Sheriff of Perth, Sir Mungo and Robert Murrays, sons of John, Earl of Tullibardine, with others to the number of lOO horse- men and 300 footmen, of whom many were the said Earl's men, and the rest broken Highlanders, including fugitives of the Clan Gregor, armed with bows, habershons, targes, pole-axes, two- handed swords, and with hagbuts and pistolets, came about three o'clock in the morning to the said dam and destroyed it, cutting with axes his whole forty-two cupples of oak, with twelve other pieces of great trees lying beside the dam.
Pursuers and defenders being present, the Lords find the convocation of the lieges in arms and with hagbuts and pistolets, and the destroying of the dam and cutting of the cupples and timber thereof, to be clearly proved against the said Master, and that it was done with the foreknowledge of the Earl, and therefore ordain both to enter in ward in the Castle of Edin- burgh ; but, they assoilzie the defenders from having some of the Clan Gregor in their company at the time libelled.
This is y' first coppie of the letter writ by William, Master of Tullibardine, # to King James y" 6''' when in Edinburgh Castle for demolishing the Dam of Dupplin. 1 6 1 1 .
Most Gracious Soveragine
As it hes bein my hard fortoune hitherto to have bein mistakin be your Ma'''^s counsell of Scotland yet it hes bein ever my good fortoune to have found your Ma^'f^^ more just and favorable censure of my proceidings qwherof now I have (noe les hope and) more neid then of befoir, ffor as I find the rigour of the counsell to increase agains me I most with the greater speid have recourse wnto your Mat's That be the power of your Mat'''^ admired judgement I
VOL. I. F
8 1* CHRONICLES OF THE FAMILIES 1611
may receave a more exact and sincere tryall of my doeings which at this time hes bein more rigorouslie punisht then rightlie tryed For my Lord Olyphant haveing summond me befoir them for demolishing and downcasting of ane dame of his latlie biggit wpon the water of Erne and some uther causs containeit in his summonds quhairwnto albeit I did answer sufficientlie with reasons of greater force then any of thers And for the better warrand of my proceidings alledgeit the acts of parliament and your Mat'^^ letters conforme to the samen which I produceit befoir them togidder with the executiones of the officer that chairgeit me at the instance of the persones containeit in the said letters for convocatione of your Mat'^s leidges and demolishing of the said dame conforme to the tennor of the saids letters. Yet they have decerneit me to have committit ane ryot and hes wardit my ffather and me for the samen. The reasones of ther ordinance as they are wn- worthie to be thought of of such a counsell So I have thought them les worthie of your Mat'^^ presence Alwayes I have farr rather chosen to obey ther unreasoneable ordinance; then to withstand those whom your Mat''= hes placeit in sa heigh a degree of government Assureing my self ever of your Mat'^^s gracious and unchangeable favor toward my father and me whose Cheiff studie ever hes bein and sail be To reverence your Mat'ss sacred persone and Royall ordinances qwherby we may ever prove worthie subjects to such a matchles prince. And that we may ever injoy that benefit of appellatione from ane evill advyseit counsell to ane weell advyseit Caesar In whose Royall presence if I can have that happines to compeir, I shall soe trewlie deduce the reasones of my convictione and defence that I hope your Mat'^ sail rest con- tented of my proceidings, But allaice Sir amangis manie of my greiffs this is nocht the leist that haveing imployit the great pairt of my youth in heareing of the worthie instructiones and precepts of your Royall Mat's the Solomon of this adge, And spent most pairt of my tyme in seing the Court and countries of quhairby I might make
my self the more able to rander to your Mat'^ some acceptable service and to be the more fit for anie imployment to the honnor and weell of my countrie and that all that I have both hard and seen and learnit saU for armour and defenss agains the cheiff
of the common weell But now Sir least by my lamenting discourse I sould be forgetfull of that which is more necessar for my present estaite Your Mat'«=s gracious pleasure for my father's releiff and myne out of this virgin forteress aither of ws being les able now and more unfit for such ane habitatione Sua that we may be rather still obleist to the
1611 OF ATHOLL AND TULLIBARDINE 82
redoubleings of your Mat'^^ gracious favours then to receave anie health from those that hes soe grievouslie injureit ws. Next that your Mat'^ will be pleased to wreat to the Counsell to command My Lord Olyphant that he sail neither bigg damms nor cruves wpon the water of Erne wntill first he have ane declaratour of the Lords of Sessione of his pretended right seing the same is aganis the laws of this countrie and acts of parliament Thridlie that your Mat'^ will be pleasit to wreat to the counsell that they will try exactlie and punish preceislie My Lord Olyphant for his contemptuous weareing and beareing of hagbuttis and pistolets at all tymes takeing and apprehending of your Mat'<=s frie leidges without onie warrand or commissioun casting of them in prison for we have summond my Lord Olyphant befoir the Counsell for the samen. Thus most humblie craveing pardon for my presumptione, that by theis my longsum letter I sould impasche your Mat's jn your greatter effairs, or from your Mat'^s recreatione. But I assure my self so farr of your Mat''=s accustomed clemencie, that your Mat'^ will not take this as onie offer of timeritie ffor the complaints of your Mat''^^ humble servants ye do never despyse quherfoir I sail ever be ane perpetuall suiter at the hands of the Almightie for your Mat'^^ long and happie reigne and preservatione of both your Mat'<= and Royall posteritie Its thus subt
W" Master of Tullibardine
ffrom your Mat'"
Castell of Ed' the 2 off August
Augtist 16. — Complaint by John, Earl of Tullibardine, as landlord to Thomas Mitchell and John McEw^en, his tenants. On 15th July last, Laurence, Lord Oliphant, accompanied by a number of his men, all armed v^^ith certain w^eapons and with hagbuts and pistolets, set upon the said tenants in the highway at Dalcharrochie, wounded them, and then led them as prisoners to the place of Dupplin, where he would have hanged them but for the " grite intreatie " of Sir John Lindsay, fiar of Kinfauns. Lord Oliphant then cast them in the "pit and thevis hole" of Dupplin, and detained them there divers days and nights, without meat, drink, or other necessaries. After nine days he brought them " fetterit and boundin, thair handis behind thair
8 2* CHRONICLES OF THE FAMILIES 1611
back," to Edinburgh. All this, the said tenants being free subjects, taken for no recent crime, and the defender having no power over them. Both parti,es appearing, the Lords find that Oliphant has violated the laws in so far as he had pistolets in his company the time libelled, and therefore ordain him to keep ward in the burgh of Edinburgh till relieved. His defence for taking and warding the said tenants having being that, forgathering with the said tenants and with Symone Loutfoot and Robert White, and seeing hagbuts and pistolets in their company, he had apprehended Mitchell and McEwen, and committed them to ward, as required by Act of Parliament made in 1597.
The Lords, having considered this defence, assoilzie Lord Oliphant from all pain for his taking of the said tenants.
Same date. — Complaint by John, Earl of Tullibardine, that the barony of Gask, with the right of fishing on the water of Earn from the mouth thereof on both sides up to the said barony, belonging to the said Earl heritably, he and his pre- decessors past memory of man have been in the peaceable possession thereof. The late Laurence, Lord Oliphant, good- sire of the present Lord Oliphant, having been discharged by the ordinary course of justice, first in the time of Queen Mary, and since then in his Majesty's own time, from erecting dams on the said water, that matter has rested now for thirty years. Lately, however, Laurence, the present Lord Oliphant, had resolved to renew his grandfather's attempt to erect dams on the said water ; and the Lords of Secret Council having dis- charged him from building his dam till the question between him and the said Earl has been decided by the ordinary judge, the same Lord, impatient of having to prosecute his right according to law, had resolved by strong hand to build a dam on the said water, and with " grite diligence pat the same up." Knowing that the said Earl was thereby " havelie prejudgeit
1611 OF ATHOLL AND TULLIBARDINE 83
in his richt," and that it was therefore necessary that the work should be prosecuted with force, he and certain of his servants, viz., Ninian Oliphant, John New, Henry Oliphant, John Miller, Richard Dae, John Duncan, William Keir, Thomas Feingeis, Thomas Sword, and William Baxter, had, on the fields of Dupplin and at the mill-dam, from nth to 15th July last, borne hagbuts and pistolets, ridden "athorte the cuntrey" therewith, and, to the " forder contempt of law," brought certain hagbuts of found to Lord Oliphant's work at Dupplin, "plantit the same in a little house neir by, maid murdreis hoillis within the same house, of purpois to have schote and slane all such personis as sould have interrupit the said worke." Both parties appearing, the Lords assoilzie the defender from the charge of having had hagbuts and pistolets in his company, and remit the matter of the dam to be pursued before the judge competent.^
August 30. — John, Earl of Tullibardine, and William, Master of Tullibardine, his son and apparent heir, on the one part, and Laurence, Lord Oliphant, on the other part, appear before the Council and submit the dispute between them anent the said Master's demolishing the dam erected by Lord Oliphant on the water of Earn, and also the heritable right claimed by Oliphant to erect dams on the said water, and the heritable right claimed by the said Earl to " hald doun " the said dams, to the Lords of the Privy Council present in this sederunt, agreeing that whatever the said Councillors, or the majority of them that shall be present, shall decern in the premisses shall hold good. The said Councillors accept the trust, and appoint this day month, 27th September next, for the appearance of both parties before them in Edinburgh, bringing with them such writs as they will use in support
1 Register of the Privy Council of Scotland.
84 CHRONICLES OF THE FAMILIES 1612
of their claims : the said arbiters to give their decree therein by I oth October next. The parties are required to "mak no novatioun, outher in the bigging up or halding doun of the said dam," till such decree is given.^
The same date. — The Earl of Tullibardine and Lord Oliphant wer relevit of their wardis.^
February ii^, 1612. — The Lords of Privy Council nomi- nated by John, Earl of Tullibardine, and William, Master of Tullibardine, on the one part, and by Laurence, Lord Oliphant, on the other side, for settling the variance between them in the matter of the demolition by the Master of Tullibardine of a dam lately erected by the said Lord Oliphant on the water of Earn, and for determining the heritable rights of the parties in that matter, having at divers diets heard the said parties, "and finding mony thingis proponit be ather party wharewith for the present they cannot be resolved," therefore remit this dispute to the Lords of Council and Session, and in the meantime ordain the said parties to suffer the said dams to rest as they are till decree be given in the case.^
November 19. — Complaint by James Guidlet and David Ramsay, two of his Majesty's Guard, as follows : — Said Guidlet and Ramsay, having been employed to apprehend Neil Stewart of Foss, conform to a warrant of Council, at the instance of Robert Erskine, his Majesty's "master tailyeoure," had gone for the purpose, on 30th October last, to the dwelling-place of Innerkynochan, belonging to the said Neil. Having entered the close of the said place, and asked his son and servants where the goodman was, they received answer in very rude terms to the effect that "they wald not get him," and were " commandit to pak thame away ; " but as the night was
' Register of the Privy Council of Scotland.
1612 OF ATHOLL AND TULLIBARDINE 85
approaching, and the weather very foul, and the way unknown, they were loath to leave; whereupon the other party, "per- saveing that the saidis James Guidlet and David Ramsay wer resolved to stand to thair defence in cais they used violence aganis thame," then under pretext of friendship desired the said Guidlet and Ramsay to stay, and "maid offer to thame of such intertenement for thame selfifis and thair horss as thay could mak." The offer having been accepted, Guidlet and Ramsay had been taken into the hall, and asked to draw off their boots. " And whenas the saidis James Guidlett and David Ramsay had sitten some certane space about the fyre, looking for no harme nor injurie to have been offerit unto thame, the nicht being verie dark and foull, the said Neill, who lurkit in some pairt of the said place, sent for threttie or fourty of his freindis maist ewest unto him, and commandit thame that they sould put the saidis James Guidlet and David Ramsay out of his place. Lyke as thay, and namelie Allaster, Neill, and Johnne Stewartis, sones to the said Neill Stewart of Foss, and Robert Robertsoun of Strowane, following the said Neillis directioun, come first to the stable quhair the saidis James Guidlet and David Ramsay thair horss wer, an pat thame out to the feildis, and than thay enterit in the said place with hagbutis and Lochquhaber aixis, twa handit swerdis, halbertis, bowis, and darlochis^ in thair handis, and commandit the saidis James Guidlett and David Ramsay that immediatlie they sould dis- patche thame selffis and begone, or ellis thay sould suffer present death. And whenas the saidis James Guidlet and David Ramsay tauld thame that thay wer his Majesteis servandis and schew unto thame thair commissioun, thay dis- danefuUie ansuerit that thay caird not for his Majestie. And thay wald not gif the saidis James Guidlet and David Ramsay so muche tyme as to draw on thair buitis, bot presentit thair
^ " Dorlach," a quiver.
86 CHRONICLES OF THE FAMILIES 1613
saidis hagbutis, swerdis, halbertis, and Lochquhaber aixis to thair breist, and thairwith thrust thame out of the duris. And, not content heirwith, thay dischairgit the haill oistler housis and utheris housis thairabout in ony caice to reset the saidis James Guidlet and David Ramsay, or to gif thame harborie ; sua that, when thay wer put out of the house, nather could haif thair horse for a lang space, but wer constrained to seik thame athort the feildis in that foull and mirk nicht ; nor yit could the saidis James Guidlett and David Ramsay have ony ludgeing in ony pairte thairabout quhill thay come to Dunkeld, distant fra the said Neillis place auchtene myllis ; quhairby thay wer in grit hasard to have perrischeit be the way, the nicht being mirk and foull, the gait unknawin, and mony watteris being in thair way."
Charge had been given to the said Neil Stewart of Inner- kynachan, his sons Alastair, Neil, and John, and Robert Robertson of Strowan to appear this day and answer ; and now, pursuers appearing personally, and Strowan being also present, but the other defenders not appearing, the Lords, after hearing the parties present and the depositions of certain witnesses, assoilzie the said Strowan simpliciter on his oath of verity from all parts of the charge, but find the complaint proven against the said Neil and his sons, and ordain them therefore to be charged, under pain of rebellion, to enter in ward in the Tolbooth of Edinburgh within six days after the charge, there to remain till order be taken for their suitable punishment.^
January 28, 1613. — Complaint by William, Lord Crichton of Sanquhar, that Sir Robert Crichton of Cluny and others "had come to the said Lord Sanquhairis place of Benchillis, pertening to him as air of tailzie to umquhill Robert, L*^ San-
* Register of the Privy Council of Scotland.
1613 OF ATHOLL AND TULLIBARDINE 87
quhair, his father, and thair with aixis, sawis, and utheris instrumentis broght with thame of purpois, cuttit, sew, de- stroyit, and away-tuke his haill planting and young growand treis about his said place of Benchillis and upoun the landis of Over Benchillis, and, not content thairwith, enterit violentlie in the said place of Benchillis, and efter a most insolent maner most violentlie raif up the haill loftingis of the said place, cuttit the haill jestis thairof, pullit down the haill windowis with the caissis and glassis of the same, tuke the haill duris af the crookis, brak down the haill fixt tymmer-work within the said place, and caryed the same away with thame and disponit thair upoun at thair pleasour."
The defenders not appearing as charged, are denounced rebels.^
Same day. — Complaint by John Young, writer, Signet Clerk of Edinburgh, that Robert Stewart of Fincastle remains unrelaxed from a horning for not paying complainer 1080 merks of principal with 100 merks of expenses, taking no regard of the said horning, but going freely about the country and enjoying possession of his own houses. Now, as not only is the said Robert Stewart, vassal, man, and tenant and servant to William, Master of Tullibardine, now Earl of Atholl,^ who is therefore responsible for him on that account, but the said Master of Tullibardine is Sheriff principal of the sheriffdom of Perth, and those bounds of Atholl within which the said Robert Stewart actually dwells with his wife and family are in that sheriffdom, the said Master is bound to seek out the said Robert, apprehend him, and present him before the Lords of Council.
The Master of Tullibardine not appearing as charged, is denounced rebel for his neglect.^
' Register of the Privy Council of Scotland.
^ See page 91.
' Register of the Privy Council of Scotland.
88 CHRONICLES OF THE FAMILIES 1613
May 1 8, 1613. — Complaint by Robert Erskine, his Majesty's master - tailor, that Neil Stewart of Innerkynachan having remained unrelaxed from a horning of 1 2th March last for not paying pursuer ^1000 of principarand ^100 of expenses, pur- suer had obtained a warrant from the Council to the Captain of the Guard to take the defender's person and goods. Two gentlemen of the Guard, viz., James Guidlatt and David Ram- say, had gone to the defender's house in the country of Atholl
on October last, but had been insolently received, and had
been put "to the extreame hazard and dainger of their lyveis." The defender now "hantis, frequentis, and repairis in all pairtis of the cuntrey of Athoill at his pleasour." He is "man, ten- nent, and servand " to William, Master of Tullibardine, now Earl of Atholl and " maister landislord and commander of the cuntrey of Athoill."
Pursuer holds that the Master of Tullibardine, who is " Schireff, judge, and ordinair Magistrat," should be held answerable for the said Neil Stewart.
Pursuer appearing by his procurator, and the said
Master of Tullibardine not appearing, and the said Neil not being presented, the Lords order the said Master of Tulli- bardine to be denounced rebel.^
This year the persecution of the Clan Gregor was carried on with redoubled vigour by Argyll, his Majesty's lieutenant for that undertaking, and he having reported to the King that the entire clan had been either slain, executed, or changed their names and given surety for their good behaviour, with the exception of Alasdair McAlasdair Bhreac and Duncan Mclain dhuibh, and their followers to the number of twenty - four persons, his Majesty issued orders to the Council "to inflict a more condigne punishment upoun the resetteris and shewaris of comfort to these two lymmeris and thair foUoweris by fyning
' Register of the Privy Council of Scotland.
1613 OF ATHOLL AND TULLIBARDINE 89
of thame at the fift pairt of thair habilitie, according as they ar alreadie or shall heirafter be valuit unto you," This was followed by a proclamation that none of the Clan Gregor who had changed their names should meet together in any number exceeding four. It is evident, however, that the clan must have had many friends who sympathised with them in their forlorn condition, as over nine hundred persons in the Highlands (including two hundred in Atholl) were fined shortly afterwards for resetting them.'^
June 15,161 3. — The Earl of Tullibardine granted a contract of wadset of the lands of Balquhidder in favour of David, Lord Scone.
In November, in the list of Justices of the Peace for Perthshire appear the names of John, Earl of Tullibardine, and William, Master of Tullibardine. The justices for the Atholl district at the same date were Sir James Stewart ol Ballechin, John Stewart of Grennich, John Robertson of Stra- loch, and Alexander Robertson of Inchmagrannachan.^
March 10, 16 14. — A commission was signed by the Council to Laurence Mercer of Meikleur, James Ogilvy of Clova, Sir William Steuart of Grandtully, Thomas Abercrombie of Murthly, Alexander Fleming of Moness, and Alexander Tar- lachson or Robertson of Inchmagrannach, to apprehend Mr. John Stewart of Dowally, Walter and Thomas Stewarts, his brothers, John Reid in Dowally, John Cattanach in the Haugh of Killmorich, Alexander Stewart, brother-german to George
Stewart of Clochfoldich, McPatrick, now in the Burn of
Killmorich, William McFarlane there, Colin Menzies, servitor to John Miller there, Robert Maor alias Officer there, John McNicholl in Guay, Robert McClerich in Rotmel, Donald Mclntaggart in Logierait, Thomas McNab in Dunkeld, and Duncan Robertson there, who were put to the horn on 15th
February last, at the instance of McGibbon, relict of John
Low in Grandtully, Isobell Low, his daughter, James Low, his brother, and the remaining kin, and of the King's Advocate, for not finding caution to appear in answer to the charge of having murdered said John Low.^
John, Earl of Tullibardine, is stated in Douglas's Peerage to have died in 1609, an evident error, as the last mention of
■ Register of the Privy Council of Scotland.
90 CHRONICLES OF THE FAMILIES 1614
his name in the Privy Council Register is in November 1613, whilst his son appears as Earl for the first time in June 1614. Earl John must therefore have died between these dates.
XIV. WILLIAM, 2nd Earl of Tullibardine, b. about 1574,
m. 1st, 1599, Cecilia, daughter of Sir John Wemyss of Wemyss, by whom he had no issue.
VI. 2ndly, 1604, Lady Dorothea Stewart, eldest daughter and heiress of John, 5 th Earl of Atholl, by whom he had
1. John, Lord Murray . his successor.
2. Lady Mary. . . . m. as 2nd wife about 1635, Sir John
Moncreifife of that ilk. She died 1650. William, Earl of Tullibardine, had two natural children,
1. Mr. John Murray, minister of Trinity Cask, who obtained
letters of legitimation, July 19, 1634.
2. Jean Murray . . m. 1630, at Blair Castle, Angus Mac-
kintosh of Tirinie.
On the occasion of the Master of Tullibardine's (afterwards Earl) second marriage in 1604, an action was raised against him by Eupham