Digitized by the Internet Archive
in 2013
http://archive.org/details/invernessianaconOOfras
\V
y
INVERNESSIANA
CONTEIBUTIONS TOWARD
A HISTORY OF THE TOWN & PARISH
OF INVERNESS,
FROM 1160 TO 159 9.
BY
N>
CHARLES FRASER-MACKINTOSII
OF DRUMMOJSD, F.S.A,, SCOT,
//
i:n'yee:n'ess:
Messrs FORSYTH, "Advertiser" Office; JOHN NOBLE,
Castle Street; J. H. MACKENZIE, Highland Club
Buildings, High Street.
MDCCCLXXV.
- AM ll M I ]l, I HH I L,tJI.! ' lr ' .H I f "■» WffI 7 T5
2512 ff^tr&^kzt-
j^^^^^jt^ ^ >^ U^^z ft LUv
u,^^,^.JL. ft- ^'^^ '^ '^^
/X4<^irtu (juA^ei^ u^^-^tty*^ CMmaJ;;^
THP IIRRACY
j^ c^^ ^--^ ^^^^^y^^
/
A
5 'j-r^ -.-u \^f:T.'\tvtji-^^,^
i»if*«<ri
'<l«n-.-|«t«WaNIMBNUU>M«UUi<aMl
^3
^&^.
TWF IIRPACY
PREFACE.
T WAS induced to project this Volume, from a desire to do honour to
Inverness, for I
Take pleasure in her stones, and favour the dust thereof ;
and also from having been favoured vi^ith a perusal of many-
valuable old papers connected with the Burgh — in their original
language and caligraphy unintelligible to ordinary readers — and
which are nearly all unknown to the public, having never be-
fore appeared in print.
Subscribers will judge for themselves of the value of the work,
but I may be permitted to say, that though it has been my chief
relaxation, during the intervals of arduous occupations, for the last
eight years, great pains have been taken to ensure the correctness
of the papers.
I have to express my acknowledgments to Mr Dallas, Town-
Clerk of Inverness, for affording facilities in the examination of
the Burgh Archives ; and in the translations so graphically ren-
dered, and in the general superintendence of the work, Mr Alex-
ander Eraser, Accountant, Inverness, has rendered most important
service. The Chartulary of Moray has been largely drawn upon,
and also Mr Innes' Histories of the Families of Cawdor and
Ivilravock.
Among unpublished papers, I have had permission to make selec-
tions from the rich collections of Mackintosh of Mackintosh, and
EOBERTSON of lushcS.
As Inverness has improved greatly of late years in its buildino-s,
and will doubtless continue to do so, whereby in time all ancient
structures must disappear, I desired while there was yet time, to
preserve some of these memorials. The illustrations first photo-
graphed for this book have been lithographed and engraved to
my satisfaction by Mr Paterson of Edinburgh, and will, I hope
be considered an attraction.
The typography is worthy of the reputation of the Inverness
Advertiser Office, inaugurated by the late lamented Mr E. Forsyth
and now sustained by his sons.
G. E.-M.
London, May 1875.
LIST OF SUBSCRIBERS.
Adam, John, Esq., Solicitor, Inverness
AiRD, The Rev. G., Free Church Manse, Creich
Allan, Col. Stewart, Richmond, Surrey
Anderson, James, Esq., County Clerk, Inverness
Anderson, Peter, Esq., Arklow Square, Ramsgate
Black, George, Esq., Banker, Inverness
Blackie, J. Stuart, Esq., Professor of Greek, University, Edinburgh
Blair, Sheriif, Inverness
Brownlte, Alex., Esq., Raining's School, Inverness
BucHAN, Patrick^ M.D., Inverness
BuLKELEY, Theo. J., Esq., Procurator-Fiscal, Lochmaddy
Campbell, Alex. D., Esq., Victoria Place, Kirkintilloch
Campbell, G. J., Esq., Notary Public, Inverness
Chisholm, The
Dallas, Alex., Esq., Town-Clerk of Inverness
Dallas, Alex. G., Esq. of Dunean
Davidson, Robert, Esq., Accountant, Inverness
DuFE, Donald, Esq., Banker, Inverness
Dunbar, Archibald, Esq., Younger of Northfield
Fletcher, James, Esq. of Rosehaugh
Forbes, Arthur, Esq. of Culloden
Forsyth, W. B., Esq., Advertiser Office, Inverness
FiTZSiMONS, Miss, Lendal, Yorkshire
Eraser, Alexander, Esq., Accountant, Inverness
Eraser, John, Esq., Chemist, Inverness
Galloway, Alexander, Esq., Chemist, Forres
Galloway, George, Esq., Chemist, Inverness
Grant, Mrs, of Bught, Inverness
Grant, Peter, Esq., Caledonian Bank, Fortrose
Grant, Sir George Macpherson, of Ballindalloch, Bart.
Hay, a. p., Esq., Solicitor, Inverness
Inglis, Col., of Kingsmills, Inverness
Innes, Alex. Lee, Esq., Eastbrook, Brixton, London
Innes, Charles, Esq., Solicitor, Inverness
Ii^nes, Miss, Birchwood, Inverness
Jameson, John, Esq., Arlington Square, London
Kennedy, Donald, Esq., Drumashie
Macandrew, H. C, Esq., Sheriif Clerk of Inverness
Macbean, Alexander, Esq., Merchant, Inverness
Macdonald, Alex., Esq., 154 West Nile Street, Glasgow
Macdonald, Alex., Esq., Accountant, &c., Inverness
Macdonald, Allan, Esq., Solicitor, Inverness
Macdonald, Andrew, Esq., Solicitor, Inverness
Macdonald, J. M., Esq., 95 Harley Street, London
Macdonald, Kenneth, Esq., Solicitor, Inverness — 2 copies
Macdonald, Sheriff, Inverness
Macdonald, The Rev. Dr, of Hill Park, Inverness
Macfarlan, Daniel, Esq., Procurator- Fiscal, Paisley
VI. LIST OF SUBSCBIBERS.
Macgregor, AVilliam, Esq., Accountant, Inverness
Maokay, George Grant, Esq. of Strathkyle
Mackay, John, Esq. of Ben-Reay, Montreal, Canada
Mackay, John, Esq., A.I.C.E., Mountfield, Shrewsbury
Mackenzie, Captain, of Findon
Mackenzie, Colin Lyon, Esq. of St Martins, Provost of Inverness
Mackenzie, Hugh, Esq., Bookseller, Inverness
Mackenzie, James H., Esq., Bookseller, Inverness — 4 copies
Mackintosh, Angus, Esq. of Holme, Inverness
Mackintosh, E., Esq. of Balnespick, Inverness
Mackintosh, G. G., Esq., Richmond House, Twickenham
Mackintosh, Major, of Farr
Mackintosh, Miss, of Dalmigavie, Inverness
Mackintosh, The — 2 copies
MACKINNON, Deputy-Surgeon-General W. A., C.B.
Maclean, Allan, Esq., Glen-Mohr Terrace, Blackheath, Kent
Maclean, Miss, of Woodside, Fortrose
Macphbrson, Cluny
Marjoribanks, Sir Dudley Coutts, of Guisachan, Bart.
Mathbson, Alexander, Esq. of Ardross, M.P.
Maudesley, Miss, Lendal, York
Menzibs, John, Esq., Caledonian Hotel, Inverness
MoRiNE, C. H., Esq., Professor of Music, Inverness
Morrison, William, Esq. of Birchwood, Inverness
Noble, John, Esq., Bookseller, Inverness — 7 copies
Ramsden, Sir J ohn William, of Byram, Bart.
Reid, Donald, Esq., Solicitor, Inverness
Rhind, John, Esq., Architect, Inverness
Robertson, Arthur John, Esq. of Inshes, Inverness
Rose, Dayid, Esq., View mount, Inverness
Rose, Hugh, Esq., Solicitor, Inverness
Rose, James, Esq., Wine Merchant, Inverness
Ross, Colonel, of Cromarty
Ross, Alexander, Esq., Architect, Inverness
Ross, James, Esq., Solicitor, Inverness
Ross, The Rev, Evan, of Ardersier
Scott, Roderick, Esq., Solicitor, Inverness
Shaw, A. Mackintosh, Esq., General Post Office, London
Simpson, Alexander, Esq., Merchant, Inverness
Waterston, Charles, Esq. of Oaklands, Inverness
Whyte, David, Esq., Photographer, Inverness
WiLKiE, Mrs Grant, Pentland Villa, Westcoats, Edinburgh
Wise, Dr Thomas, of Thornton, Upper Norwood, London
Young, Robert, Esq., Writer, Elgin
CONTENTS.
Page.
I. William the Lion. 1165-1214. Part First ... .... 1
II. Do. do. Part Second ... ... 4
III. Do. do. Part Third. Laws of the Burghs 6
IV. Do. do. Part Last ... ... 8
V. The Church in Inverness in the reigns of William the Lion
and Alexander the Second. Part First ... ... 11
VI. Do. do. Part Second ... ... 13
VIL Do. do. Part Third. The Friars ... ]6
VIII. Do. do. Supplementary ... ... 19
IX. Do. do. Part Fourth. The Parish of
Bona ... ... ... ... ... 22
X. Do. do. Part Fifth. Kinmylies ... 25
XI. Alexander the Seeond. 1214-1249. Grant of Merkinch 27
XII. Alexander the Third. 1249-1285. Part First ... ... 29
XIII. Do. do. Part Second. Church and
Lands of Abriachan ... ... ... ... 31
XIV. Do. do. Part Third. Service to Land
in this reign, held at Inverness ... ... ... 34
XV. Do. do. Part Fourth. The Annual of
Norway (ratified at Inverness). First Section ... 36
XVI. Do. do. Part Fifth. Second Section 38
X VIL Margaret, Maiden of Norway. 1286-1290 ... ... 40
XVIII. During the Troubles from 1290 to 1306. Part First ... 43
XIX. Do. do. Part Second ... ... 44
XX. Do. do. Part Third ... ... 46
XXL Robert the Bruce. 1306-1329. Part First ... ... 49
... 51
... 53
... 66
... 58
... 61
... 64
... 68
... 71
... 73
... 78
... 82
... 85
xxn.
Do.
do.
Part Second
XXIII.
Do.
do.
Part Third
XXIV. David Second.
1329-1370.
Part First
XXV.
Do.
do.
Part Second
XXVI.
Do.
do.
Part Third
XXVII.
Do.
do.
Part Fourth
XXVIII.
Do.
do.
Part Fifth
XXIX. Robert the Second. 1370-1390. Part First
XXX.
Do.
do.
Part Second
XXXI.
Do.
do.
Part Third
XXXII.
Do.
do.
Part Fourth
XXXIII.
Do.
do.
Part Fifth
VIII.
CONTENTS.
f
Page.
XXXTV.
Robert the Seci
ond. 1370-1390. Part Sixth and Last 87
XXXV. Robert the Third. 1390-1406. Part First ...
... 90
XXXVI.
Do.
do.
Part Second
... 93
XXXVIT.
Do.
do.
Part Third and Last
... 95
XXXVIII
. James the First. 1406-1437. Part First
... 98
XXXIX.
Do.
do.
Part Second
... 102
XL.
Do.
do.
Part Third and Last
... 105
XLI. James the Second.
1437-1460. Part First
... 108
XLII.
Do.
do.
Part Second
... Ill
XLIII.
Do.
do.
Part Third
... 113
XLIV.
Do.
do.
Part Fourth
... 116
XLV.
Do.
do.
Part Fifth
... 118
XLVI.
Do.
do.
Part Sixth
... 121
XLVII.
Do.
do.
Part Seventh
... 125
XLVIIl.
Do.
do.
Part Eighth
... 128
XLIX.
Do.
do.
Part Ninth
... 132
L.
Do.
do.
Part Tenth and Last
... 136
LI. James the Third. 1460-1488.
Part First
... 140
LII.
Do.
do.
Part Second
... 144
LIII.
Do.
do.
Part Third
... 147
LIV.
Do.
do.
Part Fourth
... 151
LV.
Do.
do.
Part Fifth
... 154
LVI.
Do.
do.
Part Sixth
... 156
LVII.
Do.
do.
Part Seventh and Last
... 159
LVIII. James the Fourtli
L. 1488-1513. Part First ...
... 161
LIX.
Do.
do.
Part Second
... 163
LX.
Do.
do.
Part Third
... 165
LXI.
Do.
do.
Part Fourth
... 169
LXII.
Do.
do.
Part Fifth
... 171
LXIII.
Do.
do.
Part Sixth
... 173
LXIV.
Do.
do.
Part Seventh
... 176
LXV.
Do.
do.
Part Eighth
... 179
LXVI.
Do.
do.
Part Ninth
... 182
LXV II.
Do.
do.
Part Tenth
... 186
LXVIII.
Do.
do.
Part Eleventh
... 189
LXIX.
Do.
do.
Part Twelfth and Last
... 192
LXX. James the Fifth.
1513-1542. Part First ...
... 194
LXXI.
Do.
do.
Part Second
... 198
LXXII.
Do.
do.
Part Third
... 201
LXXIII.
Do.
do.
Part Fourth
... 203
LXXIV.
Do.
do.
Part Fifth
... 205
LXXV.
Do.
do.
Part Sixth
... 208
LXXVI.
Do.
do.
Part Seventh
.. 210
LXX VII.
Do.
do.
Part Eighth and Last
... 2L3
LXXVIII.
Mary. 1542-1567.
Part First
... 215
CONTENTS.
IX.
Page.
LXXIX.
Mary
1542-1567.
Part Second
... 219
LXXX.
Do.
do.
Part Third
... 221
LXXXI.
Do.
do.
Part Fourth
... 223
LXXXIT.
Do.
do;
Part Fifth
... 226
LXXXIII.
Do.
do.
Part Sixth
... 228
LXXXIV.
Do.
do.
Part Seventh and Last
... 231
LXXXV.
James the Sixth. 1567-1599. Part First
... 234
LXXXVI.
Do.
do.
Part Second
... 237
LXXXVII
. Do.
do.
Part Third
... 239
LXXXVIII.Do.
do.
Part Fourth
... 242
LXXXIX.
Do.
do.
Part Fifth
... 243
XC.
Do.
do.
Part Sixth
... 246
XCI.
Do.
do.
Part Seventh
... 247
XCIT.
Do.
do.
Part Eighth
... 250
XCIII.
Do.
do.
Part Ninth
... 254
XCIY.
Do.
do.
Part Tenth
... 258
XCV.
Do.
do.
Part Eleventh
... 262
XCVI.
Do.
do.
Part Twelfth
... 264
XCVII.
Do.
do.
Part Thirteenth
... 266
XCVIII.
Do.
do.
Part Fourteenth
... 268
XCIX.
Do.
do.
Part Fifteenth
... 270
c.
Do.
do.
Part Sixteenth and Last
... 271
-f
ENGRAVINGS AND LITHOGRAPHS,
Specially prepared for this Worh. Photographed by
Mr Whyte, InvernesSj and Engraved hy Me, Paterson, Edinburgh.
I. ENGRAVINGS.
Page.
1. View of the Town of Inverness, reproduced from that which
appeared in " Slezer's Theatrum Scotse," published in
1693 ... ... ... ... Frontispiece
2. Figure in Armour, inserted in the South Wall of the Grey
Friars' Churchyard, supposed to be part of the monu-
mental tomb erected to the memory of John, Prior of
Coldingham, who died at Inverness in 1563 ... ... 18
3. The Grey Friars' Churchyard, Inverness. In the foreground
is the Pillar, the only remains of the Old Monastery,
referred to by Provost Inglis in 1795 ... ... 21
4. Tor Castle (restored), the seat, in Lochaber, of Gillicattan
More, founder of the ancient Clan Chattan. The river
Spean is in front, and in the distance Ben Nevis ... 48
5. Ancient Gate-way in a Court on the east side of Castle Street,
Inverness. The property belonged, at one time, to the
family of Robertson of Inshes. Above the gate-way is a
curiously-carved stone, with the legend " Feir God. Dvt
Not. H. A. Robertson" ... ... ... ... 114
6. The Burying-ground of the Robertsons of Inshes in the Church-
yard of Inverness. Above the entrance is a Latin in-
scription, which may be rendered thus — " The monu-
ment of May Purves, mistress of Watson, mother of
Janet Sinclair, wife of John Robertson of Inshes. She
died on 14th April, a.d. 1660, at the age of 88. Glory
is the reward of virtue." ... ... ... ... 115
7. The elaborately carved oak Pulpit in the Gaelic Church, In-
verness, which came originally from Holland, having
been used as an Auctioneer's Desk. It was presented
to the Church by Robertson of Inshes in 1676 . . . 115
8. House in Bridge Street, known as *'The Wine Shop,"
occupied as such since the year 1700, and pointed out,
so far back as the time of Captain Burt, as the House
in which Queen Mary lodged when in Inverness, 1562.
At the end are the Royal Arms of Scotland, much de-
faced ... ... ... ... ... ... 228
9. Commercial Hotel, Inverness, originally erected by the For-
beses of CuUoden, and used by them as their town re-
sidence. Afterwards it was converted into an hotel, and
called the " Horns." It was in this House that Cum-
berland's officers put up on the evening after the Battle
of Culloden, and ignominiously treated Provost Hossack
in the manner so graphically narrated by Bishop For-
ENGRAVINGS, &0. XI.
Pagk.
bes in his '' Jacobite Memoirs." The front of the build-
ing has been somewhat altered, but otherwise it is sub-
stantially the same as when first occupied by the Cul-
loden Family ... ... ... ... At J^iul
10. Dunbar's Hospital on the east side of Church Street, Inver-
ness. This building, a fine specimen of the seventeenth
century, with its steep dormer windows surrounded with
inscriptions, has in its time been put to several uses.
By turns it was used as a Grammar School, a Weight
House, a Poorhouse, &c. It is visible in engraving
Number One. ... ... ... ... At End
11. Ancient Turnpike Stair in the Court north of the Commer-
cial Bank, Inverness. These Stairs were common at one
time. Only one other specimen is known to exist in
Inverness, that in the Castle Wynd. This last has over
an arched window these words here modernised, "Our
dwelling is not here, but we hope for a better in
Christ.'"' ... ... ... ... ... At End
12. View of the Old Cross of Inverness, and of Highland Costumes,
circa 1726, reproduced from the first edition of Captain
Burt's Letters from the North ... ... At End
13. Union Street, Inverness, a specimen of private enterprise,
erected in ] 863 and 1864 ... ... ... At End
II. LITHOGRAPHS.
1. Fac-simile of a Charter by Alexander II. to the Town of In-
verness, of the lands of Merkinch in 1232, in possession
of the Burgh. A translation is given on page twenty-
nine .... ... ... ... ... ... 29
2. I'ac-simile of Instrument of Sasine, by Henry Finlayson, of a
rood of land in Doomsdale (Castle Street), Inverness,
dated 4th June 1478. A modernised version is given on
page one hundred and fifty- three ... ... ... 153
3. Fac-similes of old Seals. The first is that of the Chapter of
the Monastery of Inverness, a7ino 1517, and is the one
attached to the Charter referred to on page 196, being
the only Seal known to exist ; and the second, that of the
Burgh of Inverness, with obverse, circa 1600 ... At End
4. Fac-simile of an order upon Alexander Baillie of Dunain in
1746, of which the tenor follows : — " Inverness, 4th
March 1746. By His Royal Highness's command, Alex.
Baillie of Dunain is hereby ordered and required, upon
pain of Fire and Sword, to send to the Castle of Inver-
ness the Number of eight Horses, wth as many cartes,
before eight o'clock To-morrow Morning, and signify
their arrivall to Capt. McLoghlen, Store Keeper in the
Castle." (Signed) J. O'Sulivan. ... ... At End
INYEENESSIANA.
I.
WILLIAM THE LION'S CHARTERS, 1165-1214.
PART FIRST.
Seeing that there is no history of Inverness worthy of the
name, it is intended from documents examined, and as the
results of reading, to give some papers, which may be useful
as materials for a proper history of the town and parish of
Inverness to the coming and desiderated historian.
No disappointment will, it is hoped, arise from these
papers beginning when written testimony is available to
substantiate them. At the same time, we have no objection
to say that having, at a very early period, been instructed
in and giving implicit belief to such authentic local stories
as the fairy revels in Tomnahurich, the skeleton finger
marks in Beauly Priory, and the sleeping piper of Craig-
how —
Cursed be the coward that ever he was born,
Who did not draw the sword before he blew the horn, —
it is very unlikely we should refuse a ready assent to such
time-honoured statements as, that Inverness was founded
many years before the coming of Christ, that it was a town
of importance during the Roman occupation of Britain, that
it was the seat of the Pictish Government, that Gaelic was
the only language, and tartan the only dress at that Court,
and the like.
It is unquestionable that there was a Royal Castle at In-
verness prior to the reign of Malcolm Canmore, and it is
generally admitted that it was Malcolm who first erected a
castle on the present site — former castles having stood on
the Crown lands ; afterwards known as " Auld Castle Hill."
The oldest Scottish towns are situated in the neighbourhood
brsuch castles— the original inhabitants having congregated
A
Z INVERNESSIANA.
under the walls to secure themselves from reciprocal
injuries, and from the oppression of men of power. Such
towns were called " Burgs," and the inhabitants " Bur-
genses," long before their incorporation by charter. These
burgesses paid a sum yearly to the King, having in return
various protections and privileges.
The first written privilege to the town of Inverness was
general, and included the whole of William the Lion's
burgesses in the province of Moray ; but in the year 1464,
it w^as recognised by James III. as having had special
application to the Burgh of Inverness. It is as follows : —
AVilliam, by the grace of God, King of Scots, to all Sheriffs and Bailies of his
"whole land, Greeting — Know ye that I have granted thisliberty to my Burgesses
of IMoray, that none whatever in my realm shall take a poinding for the debt of
any one, vinless for their own proper debt : "Wherefore, I strictly foi'bid any
one in my realm to take a poinding otherwise, upon my plenary prohibition.
AVitnesses — AVilliam de Hay, Philip de Valoniis, llichard my Clerk of the
Prebend, at Bonkhill.
The second charter was granted in the year 1180, and for
the first time a grant of lands for the support of the Burgh
was given — viz., " that land beyond the Burgh called the
Burch halev (Burgh Haugh ?) namely — what is between tha
hill and the water," and in James VI.'s charter of 1591,
there is added the words cum silvestri ^arca (with the wood
park.) The position of this land has been a vexed question.
As in the great Pictish controversy both sides agreed in
nothing but the authenticity of the word ^^ Benval," so the
town's authorities, in their numerous litigations, sometimes
with the Duifs of Muirtown, sometimes with the Robertsons
of Inshes, and other neighbouring landholders, all admitted
that there were such lands, but differed toto ccelo where they
lay. It was contended for the town of Inverness in one of
their latest lawsuits that the hill referred to was Craig
Phadrick, and the lands those betwixt and the river. But
on the other side it was argued that the '' real Burgh Haugh
lies on the east side of the river Ness, and which Haugh
extends along that side of the river and is literally situated
iyiter montem et aquam, there actually being a range of hills
behind it. Moreover, there is a quantity of land in this
direction to this day (1812), answering to the silvestris parca
of the charter, and consisting of property holding of the
town of Inverness, bounding the present Haugh, which be-
longs to the town." Again, "... the Burgh Haugh,
which was even more accessible than the Merkinch, being
very near to the town, and on the same side of the river,
and lying close to the Castle Haugh."
The town's contention was found erroneous by the House
INVERNESSIANA.
of Lords, and the Burgh Haugh, the first land granted to
the town, now close on seven hundred years since, was that
part of Drummond known as Campfield, lying to the right
of the road leading from Inverness by Drummond Brae,
lately belonging to the Drummond Park Company. The
adjoining lands 'twixt the road to Dores and the river, known
as the Island Bank lands, also formed a portion of the
Burgh Haugh.
It will be observed that while the King was to make a
fosse round the town, the burgh were to enclose with a good
"paling. " The palissades" existed as a defence in 1689, but
we have not observed any notice of them afterwards. King
William's fosse came to an inglorious end. The last part
of it was to the north-east of the town, along what is now
Academy Street. When Inverness was the emporium of the
Highlands, and before trade was w^ell nigh extinguished by
the taxations following upon the Union, nearly all the land
to the east of Church Street was covered with malt-kilns and
tanpits, the refuse of which found its way into the fosse.
The very word was latterly converted into the " fou" or foul
pool, and the ditch finally closed up as a nuisance which had
become intolerable. No boundary in burghal titles occurs so
often as "the fosse or foul pool."
The names of the witnesses to the charters w^ill be scru-
tinised with interest. These charters have not, we believe,
appeared in English before, and the translations now made
have undergone consideration and research. King William's
second charter is thus ; —
William, by the grace of God King of Scot?!, to all good men of his whole land,
clerical and laical ; Greeting : Know all present and to come, that I have for
ever discharged all my Burgesses of Inverness from toll and all custom throughout ^\J,S'^^^
my whole land : Wherefore, I strictly i^rohibit any one from taking toll or any
custom from them of their own Goods and gear, ni^on my plenary forfeiture. I
also prohibit any one from buying or selling in that Burgh, or in that Sheriffdom
beyond the Burgh, or exercising any merchandise, unless he shall be a Burgess
of the said Burgh, or Stallager (Stallayarius), or shall do this by permission of
the Burgesses. I have likewise given and granted to the foresaid Burgesses, for
the support of the Burgh, that land beyond the Burgh called the Burch halev
(Burgh Haugh?) — namely, what is between the hill and the water, so tha.t none
shall have wannage* (Vannaf/unn) or pasturage in it unless by their license:
Moreover, the whole Burgesses have agreed with me that I shall make a fosse
^ouna^the foresaid Burgh, that they shall enclose the whole Burgh within the
fosse with a good paling, and shall uphold that paling by which it is enclosed,
and always keep it good and entire. Witnesses — M , Bishop of Aberdeen,
Earl Duncan, Justiciar, Eichard de Moreville, Constable, Walter de Olifer,
Philip de Valoniis, Hugh Giffard, Roger de Valoniis, Roberto de Berkelei,
Apud Eren.
'*^
Fruits of cultivated ground.
INVERNESSIANA.
11.
WILLIAM THE LION'S CHARTERS,
PART SECOND.
1165-1214.
King William's first charter was, it would have been
observed in our last, signed at Bonkill, and the second at
Eren. This was no doubt Boncle in the shire of Berwick,
now united to Preston. The barony of Boncle and Preston
at one time belonged to the Stuarts, ancestors of the royal
family. The name " Eren," though involved in some
obscurity, is generally thought to signify Auldearn.
William the Lion's third charter was signed at Elgin,
and by it is preserved the name of the earliest burgess of
Inverness, of whom there is account. He was Geoffrey
Blund, and from his name no doubt a southerner, having
Bad some connection with the Castle. We would have
wished the name of the oldest recorded burgess to have been
Highland, but had it been, there would in all probability
have been no surname. A considerable time after this
period the Provost of Inverness was styled ^' John, the son
of Thomas."
The freedom from combat was a great privilege, as trial
by judicial combat or battle was then established over
Europe. A difficulty arises as to the privileges — " half the
oath and half the forfeiture" — which is a strict interpreta-
tion of the original ; but it is conjectured that while a certain
number of compurgators or witnesses (vide Pobertson's
Charles V.) were anciently required to support a party's
oath at the trial of his cause, the burgesses of Inverness
were to have the privilege of requiring one-half of the stated
number only. Half the forfeiture would seem to mean half
the penalty or fine usually imposed.
It will be noted that one of the once powerful family of
Comyn is a witness, and the witness described as '^ Hugh,
his son," is not Hugh, son of Freskin, ancestor of the
Sutherlands— the true reading being Hugh, son of William,
son of Freskin. He was known as Hugo de Moravia, Lord
ofDuffus, 1203-1226.
King William's third charter is as follows : —
William, by the grace of God King of Scots, &c. ; Greeting : Know ye that we
have given, granted, and by this otir present charter confirmed to Geoffrey Blund,
our burgess of Inverness, and to his heirs, and to all our burgesses of Inverness
and their heirs, perpetual liberty that they shall never have coaibat among them,
INVERNESSIANA. O
nor shall any other bui'gess, or any other man of our whole kingdom, have com-
bat with our said burgesses of Moray or with their heirs, save only on oath.
Moreover, I have granted to my said burgesses of Moray and their heirs that
they may make half the oath and half the forfeiture which my other burgesses
make in my whole kingdom, and they shall be free of toll throughout my whole
kingdom for ever. AVitnesses— Earl David my brother (Duncan), Earl of Fife,
"Justiciary of Scotland, Gilbert Earl of Stratherne, Hugh, Chancellor, John do
Asting, Philip de Valoniis, William Cumyn, Peter de Pollock, William son of
Freskin, Hugh his son, and William his son, at Elgin, the second day of May.
One of the first points in William's fourth charter which
will attract the reader's attention is the appointment of a
market day in Inverness— viz., ^^ the Sabbath day in every
week." There are many worthy people who would on no
account use the word " Sunday," conscientiously attributing
something sacred to the word *^ Sabbath." Such labour
under a delusion, the word signifying " Seventh" day, the
day of rest, and they ought to prefix the words '^ the
Christian" Sabbath to express correctly the meaning
intended to be conveyed. Even apart from religious obli-
gation, economic necessity demands the observance of a day
of rest. Headers must not come to the conclusion that
King William was a profane person, for the market day he
appointed at Inverness (diem Sabbati) was really the seventh
day of the week, our Saturday. In ancient writings,
especially legal documents, Sunday is universally translated
" dies Soils" or " dies Doininica"
Numerous references will be found in this charter to the
assizes of David 1st, the King's grandfather, and some of
these will be given in our next, concluding for the present
with William's fourth charter :—
William, by the grace of God King of Scots, to the bishops, abbots, earls,
barons, justiciaries, sheriffs, provosts, ministers, and all good men of his whole
realm, clerical and laical ; Greeting : Know all present and to come that I have
appointed, a market-day in my burgh of Inverness — viz., the Sabba.th-day (diem
SdUbati) in every week, and have duly granted my sure peace to all who shall
come to my market of Inverness ; and I strictly forbid that any one shall unjustly
presume to cause any injury, molestation, or hindrance to those who shall come
to my market, either in coming or returning, upon my plenary forfeiture. I
have also granted to my burgesses, who shall inhabit my burgh of Inverness, all
laws and righteous customs, which my other burgesses dwelling in my other
burghs of Scotland enjoy ; and that none within the Bailiary of Inverness shall
beyond my burgh, make cloth, dyed or cut, contrary to the assize of King David, , , ~ . \
my grandfather, and my own ; and if any cloth shall be found to have been dyed, v^'-^^'^j''^
cut, or made, contrary to this my prohibition, I charge my Sheriff of Inverness
to seize that cloth, and to deal therewith as was the custom and assize in the
time of King David, my grandfather, unless it shall happen that I may have
given such liberty to any one by my charter. I also strictly forbid any one to
buy or sell beyond my burgh anything which is contrary to the assize of King
David, my grandfather, and my own. I likewise strictly forbid that any t9,vern
be kept in any country town beyond my burgh, unless in a town where a knight
laird of the town may be staying, and then a tavern may be kept there according
to the assize of King David, my grandfather, and my own. I therefore strictly
charge my bailies of Inverness, as well as my foresaid burgesses of Inverness, to
be aiding, and that they compel all to observe properly the aforesaid righteous
customs of the burgh ; and I forbid any one to presume to oppress unjustly my
foresaid burgesses contrary to the foresaid reasonable laws and customs, upon
6 INVERNESSIANA.
my plenary forfeiture. Witnesses— Walter, my chaplain ; William Cumin,
justiciary ; William de Boscho and Hugli, my clerks ; Ada, parson of Kinghorn ;
Herbert de Camera ; Eoger de Mortimer ; Kicliard son of Hugh, at Kintore, the
eighteenth day of August.
III.
WILLIAM THE LION'S CHARTER. 1165-1214.
PART THIRD,
LAWS OF THE BURGHS.
Besides the four charters already quoted, King William,
it would appear, granted the Burgesses of Elgin, Forres,
and Inverness certain privileges of pasturing their cattle
and cutting fuel in his forests, as is seen by the reservation
contained in the following charter : —
AVilliam, by the grace of God King of Soots, to the bishops, abbots, earls,
barons, justiciars, sheriffs, provosts, ministers, and all good men in all his land,
clergy and laity ; Greeting : Know now and in all time to come, that I have given
granted and by this my charter confirmed, to Richard, Bishop of Moray, that he
may build his mill upon my land of Upper Crokas, which is beyond the Lossie,
under the Castle of Elgin. I have also granted, and by this my charter con-
firmed, to the said Bishop Richard and his successor's for ever, that of all my
■wood in Moray which is Avithin my forests about Elgin, Forres, and Inverness,
they and their dependants may have the free use for timber and fuel, for their
own peculiar uses without trouble or molestation, — also that none of their
neighbours take anything thence without their permission. Nor farther shall
any of my foresters be allowed to give or sell anything from the foresaid woods
unless they will it. Reserving however to my Burgesses of Elgin, Forres, and
Inverness, the Easements they used to have in the time of my grandfather King
David, or the time of my brother King Malcolm, or my own time. I have also
granted to the said Bishop Richard that he may peaceably feed his cattle in the
said wood, as also the pasture money for the cattle of his followers. I have also
granted to the said Bishop Richard and his successois for ever, that they may
have for themselves and their followers pasturage in the foresaid wood as freely
and fully as their predecessors had in the time of the King my grandfather, or
King Malcolm my brother, or during my own time. Wherefore I firmly prohibit
any of my foresters or any other, to inflict any injury, hindrance or molestation
on the foresaid Bishop Richiird or his successors in any of the tilings above
written which I have granted to them, and by this my charter confirmed, under
pain of my high displeasure. Witnesses — Earl David my brother, Hugh my
Chancellor, A. Abbot of Dunfermline, Jo. : Archdeacon of Dunkeld, Eai'l
Duncan, Earl Patrick, Earl Gilbert, Gil. : Earl of Mar, Richard of the Prebend,
Allan son of Walter the Steward, Robert de Lend, William Comyn, William
son of Freskyn, Hugh his son, William de Lascel, Peter de Police. At Forres.
That the King possessed some land within the limits of
the burgh of Inverness, is evidenced by the following charter
in favour of the foresaid Bishop Richard : —
William, by the grace of God King of Scots, to all good men of his whole realm,
clerical and laical ; Greeting : Know ye that I have given and granted, and by
this my charter conbrmed, to Richard Bishop of Moray and his successors, in
free and perpetual alms, one toft in Banff, one in Cullen, one in Elgin, one in
Forres, one in Auldearn, one in Inverness, to be held, said tofts, as quietly fully
INVERNES8IANA.
and honourably as other Bishops of my realm hold freely quietly fully and
honourably their tofts in any of my buvghs. Witnesses —Hugh my Chancellor,
A. Abbot of Dunfermline, Earl Duncan, Earl GiU)cvt, Richard my Clerk of the
Prebend, "William son of Freskin, Peter de Polloc, William de Laceles. At
Elgin.
That William visited Inverness is proved by the following
curious charter in favour of^ John the Hermit. Lunnin is
believed to be Dunlichity ; but though there be a small lake,
where is the island ? —
William, King of Scots, to the bishops, abbots, earls, barons, justiciars, sheriffs,
and all good men in his whole land ; Greeting : Know that I have gianted, and
by this my charter contirmed, to John the Hermit (Johanni hcrcinite.) the gift
which Simon Bishop of Moray at my request gave him, viz, : the island which
is in the lake of Lunnin at the East, and half an oxgate of land in Duldauach.
Wherefore I will and tirndy deeiee that the foresaid John, so long as he shall
live, shall freely quietly and without molestation hold tlie foresaid lands as the
charter of the said Bisliop testifies and confiims. Witnesses— Llatthew Bishop
of Aberdeen, Andrew Bishop of Caithness, Gregory Eishoi> of E,oss, Earl Wal-
thew, Earl Duncan, Bichard de Bloicvil Con.stidile, William son of Frcskyn,
Walter de Berkeley, Bichard the Clerk. At Inverness.
The Sheriff of Inverness was an important officer as early
as the time of David I. (1124-1153), for it is recorded in
his laws, that " if he who is challenged, passes and goes
for his warrant dwelling in Moray or in Ross, or in any
other of the bounds or places pertaining to Moray, and
cannot find or apprehend his warrant, — he shall pass to the
Sheriff of Inverness, and the Sheriff shall send with him
the King's servants, who shall see that he be righteously
treated and handled conform to the law of the land."
In the time of the same King, Gowrie at Scone, Stor-
month at Cluny, Athole at Raitt, Fife at Dalguish, Strathern
at Perth, Angus at Forfar, Mar and Buchan at Aberdeen,
Ross and Moray at Inverness, are declared the chief and
principal places of the countries of Scotland, benorth the
Forth, through all the realm.
We now proceed to give some of the laws of the burghs ;
and
1. Tlie Courts. — There were three head courts within the
burgh: — 1st, after the Feast of Michaelmas; 2d, after the
Nativity of our Lord ; 3d, after Pasche ; and each burgess
not present without lawful excuse for his absence had to pay
a fine of four pennies.
2. Pilgrims and Travellers. — A burgess in pilgrimage, or
in countries beyond the seas on his lawful affairs, had the
privilege that no legal proceedings were valid against him
until his return ; and, with regard to the families and pro-
perty of pilgrims, — '' If any burgess is passed in pilgrimage
with license of the Kirk and of his neighbours to the Holy
Land, or to St James, or to any other holy place, his house
and all his haill proper family, shall be in the peace of the
8 INVERNESSIANA.
King, and of the Provost and Bailies, until God bring him
home again."
3. Watching and Warding. — Furth of each house inhabited,
a man should come to watch for fear of peril, who shall pass
from door to door, with a staff in his hand, and shall be of
man's age. And when curfew is rung in, he shall come
forth with two weapons, and shall watch carefully and dis-
creetly till the morning ; and if he fails therein, he shall
pay an unlaw of four pennies.
4. Measures and Weights. — The rood of land within a
burgh was 20 feet ; within a barony it was 6 elns, or 18
feet. The eln wand regulated measures. The weights were
stone and pound ; and the eln wand, stone, and pound, were
sealed with the standard of the burgh.
/ We conclude with the mode of dealing with people who
had been beaten until they were " black and blue," a saying
of respectable antiquity : — '' If a man strikes another, and
makes him blae and bloudie, he that is blae and bloudie
should be first heard, if he comes first, and makes his com-
plaint, for he should be first heard whose skaith is most
notorious. And if they be both blae and bloudie he who
accuses first, shall be first heard."
These old laws are most interesting, and an intimate
acquaintance with them will throw much light on. points of
present importance.
IV.
WILLIAM THE LION'S REIGN. 1165-1214.
PART LAST.
It is recorded by Lesleus, Bishop of Ross, that ^^ Richard
King of England (for Henry died while these things were
being done) furnished an expedition to the Holy Land, and
demanded from William a subsidy of ten thousand pounds
towards the expedition." Part of this money was contributed
by Inverness ; and, at the same time, and in honourable
consequence, the King granted arms, whereof the supporters
are an elephant and camel, to denote their connection with
the east, with our Saviour on the cross in the centre. The
town's arms were re-matriculated about the end of the
seventeenth century.
In the year 1163, the Mackintosh history relates that
INVERNESSIANA, 9
Shaw, second son of Duncan, third Earl of Fife, came north
with Malcolm IV., ^'and for his services done against the
rebels in that expedition, was in the year 1163 rewarded by
the King with the Constabulary of the Castle of Inverness,
and the possession and command of the hinds and people of"*
Pettie, Bracklie, and the forestry of Strathearn ;" and of
Shaw the second, son of the above, it is said, " that when
Donald of the Isles had invaded the lands of Eoss and *
Moray, with a great power, and had made several assaults
against the Castle of Inverness, this Shaw is recorded to -
have carried himself, so as for his fidelity and manhood in
defending the Castle against the enemy, he was not only
established in his father's possessions by a new right, but
also he was made Chamberlain of all the King's revenues in
these parts during his lifetime ;" also, Shaw's youngest
brother, " Duncan, was killed in the country's defence
against the Islanders, near Inverness; an. 1190." There
is thus no family so long connected with the town and parish
of Inverness, as that of Mackintosh.
The earliest reference made to Inverness ecclesiastically
occurs in a charter to Aberbrothoc, dated about 1170, where
the name of " Thomas, Priest and Parson of Inverness,"
occurs (Tliome sacerdoti ejusdem ecclesice parsonce). It is, there-
fore, obvious that there must have been laymen, who had
^ the name and revenue of the parson, but who did not possess
the priestly function. The name '' Rogero de Inuernys"
occurs in a charter, dated 1190 by Richard, Bishop of Moray,
in favour of William, son of Freskin, of certain lands within
the Barony of Duffus. This Roger is also one of the wit-
nesses to a charter of protection by the said Bishop Richard
betwixt 1187 and 1203 to the Monastery of Kinloss, of their
various lands ; and amongst others, of three tofts, one in
Elgin, one in Forres, one in Inverness — the gift or donation
of King Malcolm — and five shillings of feu farm furth of his
three tofts in Elgin, Forres, and Inverness — the gift of
Allan Durward. These grants were renewed and confirmed
by Alex. 11. , in 1225.
It may be as well here to classify the tenure of the various
lands within the parish of Inverness. 1st. Ohurcli Lanclfy-
The Bishop of Moray had the barony of Itinmylies in the
parish of Inverness, with other lands, conferred upon him
by Alexander 11. in 1232. This included the whole of the
parish of Inverness on the west side of the river Ness to the
march with Dunean, except the lands of Merkinch granted
to the burgh, and that small part of the town across the
river still burghal, of which Young Street may be taken as
B
10 INVERNESSIANA.
the centre. 2d. Castle Lands. — These varied at different
periods, but a pretty full enumeration is to be found in a
Crown discharge to the Earl of Huntly in 1532, where it is
stated that the Earl " has the following lands in fee for
keeping of our Castle of Inverness : — Little Hilton, Porter-
field, Meikle Hilton, Castletown of Lathir, Culduthel,
Knocknagail, Torbreck, Balrobert, Essich, Tordarroch, Bun-
achton, Duntelchaig, Bochruben, Duneancroy, Duneanmor,
Dochgarroch,Dochnalurg,T3ochfour,Dochcairn,Dochnacraig,
with the fishing under the Castle Hill, &c." The lands of
Aultnaskiach and Easter and Wester Haughs, though Castle
lands, are not, it will be observed here, specially enumerated,
and some of the lands are in the parishes of Croy and Dores.
The whole of the parish of Bona was Castle land, with the
exception of Easter and Wester Abriachan, which was in-
cluded in the grant of Kinmylies. 3d. Town's Lands.' —
These were the lands granted by various monarchs down to
the time of James VI., and comprehended what is known as
*•' the territory of the burgh of Inverness." No doubt the
town has lost a deal of its grants, but at same time many
unclaimed subjects, within a pretty wide circle, have been
taken possession of. The principal lands held in feu of the
town are a considerable portion of the estate of Inshes, of
Castle Hill,. Drakies, Bogbain, Drummond, Burnside, &c.
4th. Croion Lands. — These were granted and forfeited so often
that it is impossible to give a correct idea, seeing the
numerous changes. They consisted of lands held from the
Crown direct, conferring the right of freeholders upon the
possessors. At one period this class was very numerous In
the parish, and the charter to Kinmylies, which will be
given on a future occasion, has been quoted in support of
the view that the word " thane" was sometimes used in
reference to a king's tenant. In the preface to the printed
edition of the Chartulary of Moray, it is said —
It would appear that the whole district of Moray having lapsed to the Crown,
whether by forfeiture or otherwise, while many portions were granted by
Malcolm and William, and their immediate successors in frank tenement or
baronage, subject only to the burden of military service ;— a large part still
remained the property of the Sovereign, who granted it either on lease for a
limited period, or in perpetual feu farm, for the payment of a certain money
rent. There is sufficient evidence in this chartulary that the f euars or perpetual
tenants, even of small portions of these Crown lands, bore the title of Thane.
These words are not only used synonimously, but the precise relation is marked
in more than one place, which the thane bore to the villain on the one hand, and
the dominus, or lord of a fief, on the other. There is reason to believe that the
administrators or stewards of certain portions of Crown lands, and sometimes
even the tenants removable at pleasure, were also designated thanes.
The principal lands held of the Crown in the parish in
later years were, the barony of Culcabock, at one time the
INVERNESSIANA. 1 1
property of the Grants, but for a long period part of and
incorporated into Inshes,part of Castle Hill, part of Culloden,
the part of Holm belonging to the Earl of Moray, &c.
When the Church lands and Castle lands in time came to
be sold, the new proprietors, getting their charters direct
from the Crown, became also freeholders.
V.
THE CHURCH IN INVERNESS IN THE REIGNS OF
WILLIAM THE LION AND ALEXANDER THE SECOND.
PART FIRST.
After the introduction of Christianity into Scotland, the
services of religion and instruction were administered by
pious men, styled the servants of God. The term ^f CuJdee^
has been attributed to Gaelic and Latin origin^ b
languages giving the above meaning. They had no regular
stipends, but depended upon voluntary offerings, while their
churches and seminaries were established by the piety of
their hearers, and in honour of the more celebrated of their
saints.
The clergy under the Eomish system were of two classes,
regular and secular. The former very soon monopolised all
the revenues, and the actual parochial work was devolved
upon " vicars," because they acted in vice or place of the
parson, prelate, or monastery. The vicar's appointment
was at first temporary, but afterwards became a permanent
ecclesiastical appointment, with a cure of souls. The teinds
were of two kinds, the greater, viz., of corn, wheat, barley,
oats, pease, &c., and the lesser, viz., the produce of animals,
such as lamb, wool, milk, flax, cheese, or the like. The
greater teinds are also known as parsonage teinds, being due
by law to the rector, or parson, serving the cure, and the
lesser are known as vicarage teinds appropriable by the vicar.
A learned writer, depicting the state of the Church at
and preceding the reign of James I., says : —
Church benefices -were only considered as posts of honour, or profit, to which
men did aspire by all the basest methods of sinning and servile compliances, and
when they were possessed of them, all their thoughts were taken up with
intrigues of State, and how to serve and gratify their own ends of pleasure and
ambition. It is incredible to what degree corruptions and abuses were carried
by resignations, unions, and commendams, dispensing with pluralities, and non-
residence, and making bishops and abbots of the ignorant children of noblemen.
12
INVERNESSIANA.
Another writer, speaking of the Reformation, says : —
*^ When the storm came, the secular clergy were degraded
and powerless, the regulars eating the bread of the parish
ministers, themselves idle or secularised, could not be
defended."
These remarks are necessary in order to understand the
grant of the Church„of Inverness after quoted.
Tb:6" Bislioprick of Moray^as founded in the end of the
reign of ATexanderiE;yT)rifeginning of that of David L, the
first Bishop found on record being named Gregory ; but the
first Bishop who received any grant of lands, was Simon
4th in order, who was elected in 1171 and died in 1184.
There were four Deaneries within the diocese, viz., those
of Elgin, Inverness, Strathbogie, and Strathspey, which
may be held as of the nature of Presbyteries. In Inverness
itself there was generally only a vicar, though occasionally
the name of Parson of Inverness and Dean of Inverness is
to be met with. The comparative value of the vicarages of
Inverness with other churches in the north, may be seen
from Baiamond's Taxed Roll of Benefices, framed about the
year 1275 for the use of the Pope, thus : — Yicaria de Inuer-
nesse, £5 ; the Deanery of Moray, £21 6s 8d ; Croy, £4 ;
Moy, £3: Yicaria de Elgin, £3 6s 8d; Pettie, £6 13s 4d;
Kingussie, £6 13s 4d; the Deanery of Ross, £8; Kintail,
4s 4d ; Dingwall, 4s 4d ; Tain, £4.
Besides individuals, certain churches were profusely en-
dowed, to the scandal and impoverishment of the Church
generally. Thus the monastery of Arbroath, dedicated to
the fashionable High Church saint, Thomas a Becket, re-
ceived in the reign of William the Lion grants of no fewer
than 33 parish churches, one of them being Inverness.
So far as we are aware, the first reference made to Inver-
ness ecclesiastically, in any document now extant, is contained
in the following charter by William the Lion in favour of
the Church of St Mary of Inverness, and must have been
granted 'twixt the years 1164-1171. As there are no bounds
defined, it is impossible to say where the plough of land
then granted, lay. Follows the charter :< —
William, by the grace of God King of Scots, to all good men of his whole land ;
Greeting : Know that I have given and granted to God, and the Church of Saint
Mary of Inuii-nys, and Thomas,, priest, parson of the said church, one plough of
land in i^erpetual mortification. Wherefore I will that the foresaid Thomas hold
the foresaid land as freely and peaceably as any other mortification in my
dominion is freely and peaceably held. Witnesses — Nicholas, chancellor ;
Matthew, Archbishop of St Andrews ; David Olifard^ Richard Comyn. At
Elgin.
The grant to Arbroath, after quoted, which was never
recalled, and passed with other ecclesiastical property to the
INVERNESSIANA. 13
family of Panmure, was in the highest degree improper ; and
it is no wonder that after the death of Thomas, who was
both parson and priest, the poor vicar Eustachius, who
appears to have succeeded, had various questions with St
Thomas Church, which well nigh starved him. Its
managers were truly — in a graphic, but scarcely elegant
expression of a northern ecclesiastic — " stipend-lifters," and
had to answer for their doings before the Pope. It was a
constant aim of the Papacy to encourage appeals even on
trifling jjoints, in order the more to establish its sway. The
following is a translation, from the Ethie MS. and the old
register, of the King's gift of the Church of Inverness, an d
would have been granted 'twixt 1189-1199 : —
"William, by the gi'ace of God, to tiie bishops, abbots, earls, barons, justiciaries,
sheriffs, provosts, ministers, and all good men of his whole realm, clergy and
laity ; Greeting : Know all present, and to come, that iMiav e given and granted,.
a nd by this m xchajjter-CmifuaisdJo^Go^^ rihnvr^Vi oi St Thomas of Aber-
b'rothick^ and to^he monks Si.ejyiag,G:p,d inthatplace, the Church of ftveiffiSss,
"rnlEH'tTie IHiapTtimry lands, and teinds, and offerings of every kind,'ancl"*wfffi.
common pasturage, and other easementa,.aJid all the other things jiistly pertaining
tii-ihe ;aiaid-..Ci&jjrch* to be holden in free, peaceable and perpetual mortification,
as freely and peaceably, fully and honourably as any other mortification in all
my realm, is freely and peaceably, fully and honourably, held and possessed.
Witnesses — Mathew, Bishop of Aberdeen ; Richard, Bishop of Moray ; Hugh,
my Chancellor ; Robert and Rudolph, my Chaplains ; Earl Duncan, Earl Gilbert,
Robert de Londin, William de Moravia, Constable ; Allan, son of Walter the
Steward ; Malcolm, son of Earl Duncan ; William Comyn, William de Hay,
Robert de Berkeley, Robert Rufo, Adam de Syreis, Halbert Marischall. At
Munrois (St Andrew's.)
VL
THE CHURCH IN INVERNESS IN THE REIGNS OF
WILLIAM THE LION AND ALEXANDER THE SECOND.
PART SECOND.
The questions 'twixt the Yicar of Inverness and St Thomas
Church of Arbroath, were referred by the Pope to the
amicable decision and award of the Bishop of Moray, who^
upon the ith February 1248, not long before the death of
Alexander the Second, issued and promulgated the following
foundation or endowment of the vicarages of Inverness and
Aberchirder : —
Symon, by the grace of God Bishop of Moray, to all who shall see or hear this 'ijuf- ^cY' Zy^,
writing ; Greeting in the Lord Eternal : Know all, that these are the regulations ' * '
made concerning the vicarages of Inverness and Aberkerder, by our authority,
and with the consent Sud free will of our chapter, and of these venerable men,
the Lord Abbot and Monastery of St Thomas the Martyr of Aberbrothock, viz. :
That , whoever for the time shall be Yic ar of the Church of Inverness, shall have
14 INVERNESSIANA.
and hold the said vicarage forhisjife, with all the pertinents of the same —
■reserving to the foresaid Abbot an^FMonastery of Aberbrothock an entire tenth
of the sheaves of corn as well as of the mills, and three merks yearly from the
tithes of confessional offerings, and reserving to the same all lands belonging to
the Church of Inverness. Further, the Vicar, whoever he be, shall have the
residence adjoining the Church (juxta ecclesiamj which the Vicar was recently
in possession of, where he shall receive in a becoming manner us and our
followers, and the said Abbot and his followers, when going there, and he shall
cause service to be decently performed in the said Church of Inverness and its
chapels, and he shall respond to all Episcopal orders and calls. And whoever
shall be Vicar of the foresaid Church of Aberkerder, shall have and hold the
vicarage of the said church for his life, entirely, freely, and honourably, with
the land of the said church, and free offerings and all other ecclesiastical rights
justly pertaining to the said vicarage. Reserving to the foresaid Lord Abbot
and Monastery, all tithes of corn entire, as well of the lands of the church, as of
the whole parish of Aberkerder, and reserving 100 shillings to be paid annually
to the same from the said lands of the Church of Aberkerder at terms to be
appointed by them, and reserving to them all decrees and questions concerning
said lands. And whoever shall be Vicar of the Church of Aberkerder shall
respond to all Episcopal orders, and he shall receive us and our officials, and the
said Abbot and his followers, in a becoming manner when going there, and shall
cause service to be decently performed in the said Church of Aberkerder in all
things relating to divine worship. In witness whereof, the seal of the chapter,
and the signatures of our canons, as well as our own seal, are set to these pre-
sents ; the following being witnesses : — Eadulph, Eector of Elchies ; Thomas, the
chaplain ; AVilliam, clergyman of Nairn ; John Belaramb ; Sir Thomas Wiseman,
Sheriff of Elgin ; Richard Marischall ; Hugh de Braytofts ; Robert Black ; Hugh
Herock, burgess of Elgin, and others. Given in the year of grace 1248, on the
4th day of February. I, Symon, the Bishop, subscribe ; I, Archibald, Dean of
Moray, subscribe ; I, William, Archdeacon of Moray, subscribe ; I, John,
Precentor of Moray, subscribe ; I, Andrew, Chancellor of Moray, subscribe ;
I, Robert, Treasurer of Moray, subscribe ; I, AVilliam, sub-Dean of Moray,
subscribe ; I, John, Chanter of Moray, subscribe ; I, William de Dun, canon,
subscribe ; I, William de Dychton, canon, subscribe.
It wiUJbe.observed^that the Vicar was to have his resid.-
ence adjoining the church, which the Yicar was recently; in
possession of, and iTts particularly interesting to the writer
td~^now That" after the lapse of six hundred years, while
endeavouring to preserve some authentic information as to
the early history of the church in Inverness, he writes these
papers, -4hough^Qat^ within its walls, still upon the site of
the Vicar's_Mans(
In'^e year 1787 a considerable portion of the burgh was
sold by the authorities, under the statute relating to ruinous
tenements within the burgh, and amongst others an area of
ground upon the east side of Church Street, .^escribed as
^^ formerly the Second Minister's, or Vicm^-Mwm^b The
authorities perhaps did well to give the subject this alter-
native designation, because, some years prior, it and the
property, now the manse of the minister of the North
Church, had been the cause of great litigation in the
Supreme Courts. About the time of the usurpation, a
second^ niinister in Inverness- was-settled, who was provided
with a manse. The first minister had received the Vicar's
Manse after the Eeformation from the Magistrates of Inver-
ness, to whom had been granted, inter alia, the churches and
INVERNESSIANA. 15
other ecclesiastical property in the comprehensive charters
of Queen Mary, and in especial of James VI.
These manses having fallen into disrepair, the two ministers,
about the year 1775, applied for their being rebuilt, or at
least put into a tenantable condition. Mr Robert Rose was
then first minister, and possessed the Free North Manse,
while Mr Fraser possessed Mr Fraser-Mackintosh's house.
The heritors objected, and Mr Fraser being an old man,
withdrew his claim ; but as Mr Rose persisted, the heritors,
among other defences, stated that he was not in iDossession of
the original manse, which, if there were any obligation to
rebuild, attached to it alone, and not to the second manse,
which was originally built by subscription. In vain Mr
Rose argued at great length and with much ingenuity that
his manse was the Vicar's Manse, and deduced the whole
succession of ministers who had occupied it ; — the titles did
not bear out his contention, and after years of litigation the
matter was dropped. Upon looking over the papers, there
can be no doubt the heritors were right in their view, and
the singular fact of the first minister having come to occupy
the second manse, must have arisen in this way, that being
a newer building erected in 1648, some second minister
promoted to the first charge had not quitted his manse.
The effect of the litigation was that both manses were
abandoned and afterwards sold as ruinous tenements. It
may be here observed that at present, and for a very long
time past, the glebes of the two ministers have in like
manner been changed.
It will be also observed that the Yicar of Inverness was
taken bound to cause service to be decently performed in
the said church of Inverness and its chapels. A field beyond
Rose Street was known formerly as "St Thomas Chapel,"
no doubt from St Thomas of Aberbrothock. " St Giles'
Chapel" was either attached to or very near the church, and
from^^ertainpapers dated in 16£2^ it is ^evident Jijmt-tliejja
weFe tw^^^B u]Jiim|g^— chiKcIies or aisl^^:^ujed^aXthat time.
In a beautiful view^oTInvefness In the year 1680, of wliicIS
copies are in possession of the Rev. Dr Macdonald and Mr
Fraser-Mackintosh, the church is a distinct object. The
present square tower is precisely as it now is, but the spire
is different, and the tower appears not at the end of the
church, but rather to its west, or river side. Some inter-
esting particulars of the old High Church — described in 1769
ty the magistrates of the day as of such great age that no
particulars of its building were known — are furnished by
John Maclean, the Inverness centenarian, who had often
heard service within it.
16 INVERNESSIANA.
The foundaliQ]i.of tha-yicamges was confirmed by Pope
Innocent V., on 4th May 1277, in these terms ;—
Hm^ T , rt. I Innocent, Bishop, servant of the servants of God, to our dearly beloved sons,
' *y. rVWH' lot', the Abbot and Monastery of Aberbrothock, of the order of Saint Benedict, in
* the diocese of St Andrews ; Greeting, and the apostolic benediction. "When that
is sou2;ht of lis which is right and proper, as well the force of equity as the
order of reason demands, that through the anxious care pertaining to our office
it lead to some due result. So when your petition presented to us set forth that
our venerable brother, the Bishop of Moray, having carefully weighed the
capabilities, and with the consent of his chapter, taxed the jjerpetual vicarages
of Inverness and Aberkerder, and certain other churches of the diocese of Moray
(over which you have the right of patronage, and which, by the authority of the
apostolic chair, you hold for your own uses), as is said to be more fully contained
in the letter of the said Bishop written upon the subject ; we, favourably
inclining to your supplications, and those of the said Bishop, because the said
Bishop has acted prudently in this matter, and in a manner pleasing to us,
confirm his deed by our apostolic authority, and fortify it by these presents.
Let no man, therefore, dare to infringe or ras-hly contravene this our writing of
confirmation. But if any one shall dare to attempt this, let him know that he
will incur the wrath of God, and of the blessed Peter and Paul his apostles.
Given at Lyons, the 4th day of May, in the first year of our Pontificate.
VIL
THE CHURCH IN INVERNESS IN THE REIGNS OF
WILLIAM THE LION AND ALEXANDER THE SECOND.
PART THIRD. THE FRIARS,
^ - Of Kin^ Alexander, Lord Hailes says — ^^That he was
t^^^^ one of the wisest Princes that ever reigned over Scotland,"
^ and in another place that " Alexander had a particular
kindness for the mendicant friars of the order of St Dominic,
called with us the Black Friars. , For them^ he founded no
\ fewer than eight monasteries, at Edin Burgh, Berwick, Ayr,
Perth, Aberdeen, Elgin, Stirling, and Inverness."
Cardonel, in his Picturesque Antiquities of Scotland, says
of the order — Fr aires Prcedicatores — on account of their
frequent preaching, ^^ that according to their rules, the
brethren renounced all worldly possessions, abstained from
eating flesh from September to Easter. They lay neither
in feather-beds nor in sheets, but on a mattress ; and every
Saturday, in case there fell neither feast nor fast upon that
day, they were to say the office of the Virgin Mary. Their
habit was a white gown and scapular."
Th^e__mdexjwj,s_ founded at Inverness m 1233, and the
monasteiy. jaust have been a building of importance. It
appears^ to have received a grant of land at an early ^period
from St Thomas of Aberbrothock, which grant cannot now
INVERNESSIANA. 1 7
be traced, and also in the year 1240 a charter from Alex-
ander, which was described in the year 1530 as appearing
^' frcm length of time and negligent preservation, wasted
and partly spoiled." This interesting charter is in these
terms : —
Alexander, by the grace of God King of Scots, to all good men of Lis whole
realm ; Greetins: : Know ye that we have given, granted, and, by this our present f
charter, confirme d to our_ endowed chaplains_thepreachiug^Ermrsaf Inverness QU^^^ \^
(dcvotis oratoi'ibus nostrifjratrxhus 'prccdicatorihiit) serving and who shall serve (j,
God there, that, our R oyal High way, lying in length from the water of Ness as '^\}
far as that land whicli the Abbot and convent of Aberbrothock gave to them for v-
ever, and in breadth between the burying-ground of the Parish Church and the ("'Vlia.^-^
wall of the said Friars ; and that island of our land lying on the north side of
the said Friars, on the soxtth side of the water of Ness, with the whole water
and fishing from the foresaid Friars Koad as far as Scurry (?) in pure and
perpetual elimosina, with all commodities, liberties, and easements ; to be
enjoyed freely, quietly, honourably, well and in peace for ever, sicklike as any
land is given or granted to religious men in our kingdom. — Witnesses, Alexander
Comyn, Earl of Buchan, Constable and Justiciar of Scotland ; Donald, Earl of
Mar ; Ingeram de Genis, and Reginald de Scheupatre, Knights. At Berwick,
the 20th day of May, in the 26th year of our reign.
The first subject conveyed appears rather strange, the
King's Highway. Some light is thrown upon this gift by
a somewhat similar gift by Alexander in the year 1230 to
the same Friars in Edinburgh, of a street, so well known
for ages — Black Friars' Wynd — but in that case, the con-
dition was annexed ^^ that the said Friars may, as it shall
seem expedient, construct or erect houses or buildings in
the foresaid street or passage, which is called the venelle."
Though the words in the charter to Inverness are nostra via
Regia, yet rt_may_rea]lxJ}aYeJjeen _a^^^^ piece of waste .
^gl^ und, and ei ther given for the purpose of being shut up
to DQake the monastery more private, or in order to he
a nnexe d to their adjoining la n^.
The vast differences now presented by the grounds from
what they were at the period in question, may be to some
extent realised from there being a grant of an island to the
north of their land, and the only grant whose limits can _
now be traced with any certainty is that of the fishing. It u^/^-^^
will be observed that the north boundary is described as -si U
*' Scurry." This, however, denotes " Cherry," which is
well known as the next lowest shot to the Friar's Shot on
the river Ness. There was considerable litigation about
the year 1774 as to the limits of the various fishings, and
arising therefrom a plan was prepared by Mr Home, sur-
veyor, who laid down in a very full manner the course of
the river below the old stone bridge, with copious names.
Among these names, those of Crea-in-uisk, Martin's Cairn,
Don Henry's, Paule, Fortfield (now Dr Monro's Park) and
others, are not now commonly used.
c
18 INVERNESSIANA.
Siibsequent grants were .made, and. „c5liarters_.giYeiiJby
RoLort Bruce, David II., and James V.^ which will be noted
aT tlie proper time. In the meantime, we have only to
express our deep regret that a charter by the Prior and
Monastery of a slated house in Bridge Street in the year
1517 in favour of an ancestor of Mr Robertson of Inshes,
has been mislaid in Edinburgh within the last few years.
It would serve to show the constitution of the Monastery,
and by a letter dated in 1789 from a gentleman in Kelso,
to whom Arthur Robertson of Inshes had lent itj it had
then attached the seals of the governing body.
Of the Monastery there now remains but^art jof a single
column. With reference to the mutilated stone~~figur'e~for
some time lying in the Dunain portion of the Grey Friars'
Burying-Ground, inserted in the wall a few years ago on
the writer's suggestion, John Maclean, the Inverness his-
torian, says —
Near the east end of the building was a splendid monumental effigy of the
Regent Moray, the great favourer of the Reformation in Scotland. He held
Courts in Inverness in 1570, to which he had obtained the hereditary Sheriffdom,
after the defeat of the Earl of Huntly. The sculptured effigy rejiresented the
Regent lying on a couch, with his hand reposing on a bible, the book from which
history informs us he was wont to have portions daily read in his palace. As
the patron of the Scottish Reformation, the memory of the Regent was disliked
by the Romanists, and on the arrival of the Pretender at Inverness in 1715 (?)
his partizans of that denomination, thinking of course that Romanism would
thenceforth be in the ascendant, they gave a veiy significant sign of their antici-
l^ations and hopes by proceeding one night to the Grey Friars', and destroying
the monument, which they threw down, breaking the arms and leaving the
effigy a headless stump. The body, with the legs of the effigy, however, still
remain, and may be seen by the curious.
The above is valuable as showing that tradition connected
the figure with the family of Moray ; but there was no cause
whatever why there should have been a handsome monu-
ment erected at Inverness to the Regent, who was buried
at St Giles', Edinburgh. As we find that John^jStiiart,
Pnor^tjColdinghame, the Earl's natural brother, died at
Inverness in the year 1563, having come north^with his
brother to a circuit, — readers will have, we think, no~diffi -
culty in coming to the conclusion that this figure denotes
the Prior. His son was first Earl of Bothwell,~of'~EEe~[rne
of Stuart, and his, the Earl's grandson, Charles, came to
such a low degree as to be a common trooper, and is
introduced by Sir Walter Scott in one of the best known of
his novels. He is said to have been killed at Bothwell
Bridge.
The figure of a cherub, which may have been in the
Monastery, and was fished out of the river some years ago
in the Castle Shot, some time at Campfield, is in fair pre-
servation.
i
INVERNESSIANA. 19
I
VIII.
ALEXANDER THE SECOND'S REIGN : 1214-1249.
SUPPLEMENTARy.
Communications from Provost Phineas Mackintosh and
Provost William Inglis of Inverness, to Captain, afterwards
General Hutton, regarding the monastery at Inverness, and
other ecclesiastical remains, written towards the close of
last centmy , having recently been discovered in the Advocates'
Library, we have thought it right to print Provost Inglis*
letters.
The letters were doubtless framed by the Town Clerk,
because, though there is a difference in dates of six years,
the later communication by Provost Inglis, while it embodies
the whole of the first, adds to it. We believe both Provosts
were wrong in supposing that the site of the High Church
had the former building dedicated to St Michael, as it is
generally believed that the parish church dedicated to St
Mary stood there. Some other statements also must be
received with caution.
A resident in Inverness, the late Mr James Suter, jun.,
well entitled to write on such points, kindly made some
observations upon our seventh article : — 1. What is now
styled the Friars' Shot is called three hundred years ago the
" Freschott," and this word signifies that part of a river
which is affected by the tide, sometimes fresh, sometimes
salt water. 2. What is now termed the '^ Cherry Shot" is
derived from the Gaelic word " Curach," a small boat, it
being at this place that boats were in use to land ; and the
term " Cherry Dyke" signified the bank whereon these small
boats were beached. 3. Further down the river than the
" Cherry Flat" was the ^^ Ship Flat," where larger vessels
used to lie before the introduction of piers. The name
" Shipland" still prevails, and the ancient mansion house of
the family of Alves, Lairds of Shipland, with its fine garden,
is yet in fair preservation. It is also stated that the Gaelic
of Ship Flat is denoted by the word now corrupted into
" Longman." The words ^' Longman's Grave" have been a
frequent puzzle. 4. Beyond the Ship Flat was the
" Scathegate," or Herring Bay, extending to Fortrose Point.
The Road to the sea by Rose JStreet was of old a well-known
locality— the " Scategate Road." The enormous quantity
20 INVERNESSIANA.
of herring taken in former ages is narrated by Boece in
these terms : —
In the mouth of the Nesse standeth a town called Invemesse, where sometime
was great abundance of hei'ring taken, but now they be gone, by the secret
working of God. The common i^eople put the fault in the rich and men of
higher calling, who envying the commodity of the poor inhabitants, will often
seem to bereave them of this emolument by force and slaughter, whereupon
(as they say) it cometh to pass that the increase soon decayeth, and very small
store is taken there by many years after such injury offered.
As we are quoting Boece, we may give another extract
regarding the neighbouring parish of Petty : —
In this j)ortion furthermore is the church of Pette, where the bones of little
Johne remain in great estimation. Certes his carcasse hath been fourteen feet
long, his members well proportioned according to his stature, and not fully six
years before this book was written, he saw his haunch bone, which seemed so
great as the whole thigh of a man, and he did thrust his arme into the hollowness
thereof, whereby it appeareth that mighty people grew up in our region before
they were overcome with gluttony and excess.
Small herring used to be taken in great numbers by the
Clachnaharry fishers not far from the shore, and their
occupation, though well nigh gone for many years, has of late
rather revived.
Follows the communications from Provost Inglis : —
The Monastery at Inverness was situated in a fine plain on the east side of
the river. There remains of it now only one pillar, from the great size of which,
the building must have been extensive, or the architecture very disproportionate.
The ground which it covered is now used as a burying-place by a few families
in the jiarish, of the names of Baillie and Maclean, who, with their connexions,
seem to have acquired an exclusive right to it. They have lately enclosed it
with a good stone wall. There is no monument in it which has the appearance
of great antiquity, excej)t the figure of a woman (?) larger than the life, rudely
cut in stone, and much mutilated. This Monastery has been always called by
the inhabitants " The Grey Friars," although the only one of which we have an
account in history was that founded by King Alexander the Second, anno. 1233,
said to have been of the Dominican Order. Adjoining to the Monastery there
is a very rich field of about six acres, which was always the Glebe of the first
minister of Inverness, There are also a number of small houses in the lane
leading to it, from which the minister receives a feu or ground rent.
The salmon-fishing directly opposite to the Friary, and esteemed the most
valuable in the river, did also belong to it, and is to this day called the Friar's
Coble or Shot.
It appears by the town's records that the stones of the Friars' Kirk were sold
in the year 1653 to Colonel Lilburn, commanding the troops of the Common-
wealth, for building a Fort at the river mouth, which was called Oliver's Fort.
On a rising ground, separated from the Monastery by the lane only, stood the
Parish Church, a very ancient structure, which having become quite ruinous,
was pulled down in the year 1769, and the present church built on its site. On
the west side of the river opposite to the Friary, stood the chapel of the green,
supposed to belong to it. The lands contiguous to the chapel were church lands,
and now hold feu of the town. East of the Monastery, and only separated from
it by the street, stood St Mary's Chapel, of which no vestige remains. It was
situated in the centre of a square field about four acres in extent — now the
principal burying-ground of the town, and still called the Chapel-yard. Adjacent
to it is the Glebe for the second minister. South-east of this Glebe was St
Thomase's Chapel, of which there remains nothing.
The tradition is, that when the fort was built out of the ruins of the Monastery,
the stones of this Chapel were ap^Dlied towards building what is called the Old
Harbour, in which many stones curiously carved, and which have evidently
been in some other building, are yet to be seen. The lands of the Chaplainry of
our Lady's High Altar are situated on a rising ground south of St Thomas's
INVERNESSIANA. 21
Chapel, and near to the side of MacBeth's Castle, and Saint John's Chapel stood
in a field below the old Castlehill. No vestige of the Chapel remains, but the
field is to this day called Dire na Pouchk, or the Land of the Poor, and is in
possession of the Church Session. There was also a Chapel dedicated to Saint
Catherine on the west side of the river Ness, but no trace of it, or any of the
others remains, nor would their situations have been remembered, but that in
some old charters, the lands are described by the directions in which they lye
to the Chapels.
There were several religious houses of inferior note in the town : — St Michael's
Manse, situated in the East Gate or East Street ; St Peter's Manse, in the street
called Kirk Gate, near the Friary. There are some hovxses in town which have
in their Keddendos the payment of a small sum to Saint John and his successors,
and on one house there is an ii'on cross, such as the houses which belonged to
the Knights Templars are said to have been distinguished by. I cannot learn
that there is even a tradition of a Nunnery having been here, nor can I discover
that there was any hospital ]irevious to the reign of Queen Mary.
The lauds, fishings, &c., belonging to the Friars were granted to the town of
Inverness by Queen Mary, and the grant confirmed by her son, James the Sixth.
Of each of these charters copies may be had, if thought worth the trouble.
Impressions of the seal of the town are delivered herewith.
Mt Deae Sir, — I send you enclosed the best account I can give of the
Monasteiy which existed in the town, and which I believe to have been of the
Franciscan Order and not the Dominican. At any rate, it is certain we had one
of the former order, and although history mentions the establishment of one of the
latter by Alexander the Second, yet have we no trace of it in any of our records,
nor any tradition respecting it. You know the spot where the shaft of the
pillar still remains has been invariably called the Grey Friars, and in the Act of
the Town Council which mentions the sale to Colonel Lilburn, it is expressly
called the Grey Friars' Kirk. The price paid to the town for the stones of that
kii'k was . . . Both these orders of Friars you know were bi'ought into
Scotland in the reign of the second Alexander by William Malvoisin, Bishop of
St Andrews ; the Dominicans or Black Friars in the 1230, and the Franciscans
or Grey in following year. Now, as the historians of these times were not
always accurate in their statements, and as these two orders were introduced
into the kingdom nearly together, is it not i>robable that Black has by mistake
been inserted for Grey ?
I remember an old arched gateway which led into the buryingground called
the Chai)el Yard, and which you know is separated from the site of the Friars'
Kirk only by the street. On this old arch was inscribed " Concordia res parvae
crescunt." Now, if this was the motto of either of these Orders, it would clear
the matter up pretty much, for if it was the motto of the Black Friars, then
they i^robably had a convent here, and that place which we call the Chapel Yard
was the site of it. If, on the contrary, that was the motto of the Franciscans,
then a chapel belonging to them must have stood there.
I have written to my friend, the minister of Chanonry or Fortrose, for an
account of the Cathedral of that place — a venerable pile — and for coj^ies of seals
and any other curiosities he can furnish, and I know I shall soon hear from him
with all the information he can give. I expect that the papers belonging to the
town, which are in Mr Charles Mackintosh's hands, will soon be returned to us,
and if they arrive before your departure, they shall be su^bmitted to your
inspection. — I am, my dear sir, yours most sincerely,
(Signed) Will. Inglis.
Inverness, 18th March 1795.
I return Captain Hutton's memorandum.
22
INVERNESSIANA.
IX.
THE CHURCH IN INVERNESS IN THE REIGNS OF
WILLIAM THE LION AND ALEXANDER THE SECOND.
PART FOURTH. THE PARISH OF BONA.
Mr Buckle has been found much fault with for under-
rating the so-styled universality of popular feeling in favour
of the Reformation, and accounting for the movement
rather to the cupidity of the nobility and gentry. That the
latter was the mainspring, aided no doubt by the corruption
of the Romish clergy, cannot be doubted. The reforming
clergy, expecting to share in at least part of the Church
endowments, were wofully disappointed ; and not until the
reign of Charles I. had they any certain stipends. During
the reigns of Mary and James VI. the Church patrimony
was donated to the laity in the most profuse manner ; and
from lack of supply, great numbers of coterminous parishes
were annexed and incorporated with one another — all to the
benefit of the heritors. It is only within the present cen-
tury that a counter movement has set in, whereby many
churches quoad sacra have been beneficially formed within
the Church.
These observations are not out of place in introducing the
parish of Bona, which has been united with Inverness since
1618, and never had much of an ecclesiastical status since
the Reformation. As now spelt, the pureness of its Latinity
has served to procure for Bona a Roman origin. The very
oldest writing extant relative to it (after quoted) in the year
1233 gives the name '' Baneth" ; the common spelling three
and four hundred years ago was " Bonnoche" and '^ Banache,"
and about a hundred years ago '' Bonath." The Gaelic
definition is supposed to be " The white plain or field." In
a petition presented by the ministers of Inverness last cen-
tury for the erection of manses, they founded upon there
being two parishes as one reason why each minister was
entitled to a manse. With regard to the parish of Bona, so
much ignorance appears to have prevailed that they could
not condescend upon its bounds, but merely that it was of
considerable extent. Fortunately, the limits of the parish
can be designated from an old deed granted in favour of
John Maclean of Dochgarroch, in the year 1643, by Thomas
Fraser of Strichen. It proceeds upon the narrative of a right
INVERNESSIANA. 23
acquired to the teinds of the whole parish of Bona by Strichen's
father, Thomas Eraser, and his mother, Isobel Forbes, in
1584, from Thomas Innes, who was both parson and vicar
of Bona. From this deed the limits of Bona are well
defined, and extended from Abriachan at the south-west
adjoining Urquhart, to Dochgarroch at the north-east
adjoining Inverness; thus including Lord Seafield's lands
of Abriachan and Caiploch, Dunain's lands of Dochnacraig
or Lochend, the lands of Dochfour, and the lands of Doch-
garroch.
The Church of Bona may have been at Abriachan, and
the place is still known as Gill Fhianan. The present
burying -ground is called Claodh Uradain, the burial-place of
Uradan, or Curidan, and this would infer that there never
was a church there. There was a meeting-house in the
immediate vicinage, and there has been for some years a
neat Free Church. The name of Uradain, which is also
found in Corrimony, is synonymous with the Latin Quire-
tinus and the English Boniface, and is the same saint who
is patron of Rosemarkie. Bona also possesses a great stone
— the seat of Uradain — on the top of the ridge where the
saint used to rest, when crossing to the Caiploch to preach,
" The hollow of Ossian*," '' The grave of Bran," and " The
burn of Tuarie," supposed to be a Fingalian.
The parish and church of Bona must have been gifted at
an early period, as thei'e is no trace of it in the chartulary
of Moray, and, indeed, its history is almost a blank. It
appears to have been granted, with numerous other posses-
sions, in the year 1592 by James YI. to the first Lord
Spynie, but not by name. In the year 1621, Alexander,
Lord Spynie, is served heir in special to his father, in
inter alia the right of patronage of Bona, and in the same
year. Bona is expressly granted by King James to his
Lordship. Shaw states that in 1623, Lord Spynie disponed
his rights to Eraser of Strichen ; but it appears that as late
as 12th June 1646, George, Lord Spynie, was served heir in
special to his father in the church of Bona. On the other
hand, it is evident that from the year 1584 the Erasers of
Strichen had some interest in it, and in 1657, Thomas
Eraser, then of Strichen, had the undoubted right. In the
locality of 1756, Dochgarroch's right to his teinds was con-
tested, and his agent, Mr James Eraser, writing from Edin-
burgh, under date 4th February 1766, thus refers to Lord
* A very aged man, named Ferguson, who lived in thi3 hollow or glaick, and
died in spring 1867, was all his days commonly called " Ossian."
24 TNVERNESSIANA.
Striclien, — " Strichen was genteel enough to furnish all the
materials he could direct to." The patronage came after-
wards by purchase into the family of Lovat, was forfeited
in 1746, and again restored. General Fraser had a mind
to bestow the right of patronage on the town of Inverness,
which it is a pity was not effected. It might have been
very well at one time, when the Lovats were principal
heritors in the united parish, that the right stood in them,
but, as they have now no land, this privilege is to say the
least anomalous.
In the year 1567, William Simpson, Reader at Bonach,
receives a salary of £20 Scots, due at Candlemas of that
year.
The Barony of Bona is frequently alluded to on record, as
it was often in the King's hands by forfeitures and other-
wise. Some notices of it will be taken in due order. We
conclude the present notice by introducing the name of Elias,
Vicar of Bona, witness to an agreement betwixt the Chapter
of Moray and Sir Allan Durward (Hostiarius), regarding
lands in the adjoining parish of Urquhart in 1233. The
church at " Aberihacyn" is described in the chartulary of
Moray as one of the common churches of the chapter.
Follows the agreement (coinjyositio) regarding the lands of
the church of IJrquhart : —
Andrevv^, by the grace of God, Bishop of Moray, to all who shall see or hear
these i^resents. Greeting in the Lord Eternal : Know all that by our mediation
an amicable settlement has been come to in the question which arose between
our chapter on the one part, and that noble person, Sir Allan Durward, on the
other i^art ; touching a half davoch of land which the said chapter maintained
to belong to the Church of Urquhart, which is a part of the i^rebend pertaining
to the Chancellorshii) of the Church of the Holy Trinity at Elgin, The arrange-
ment is as follows : — The said chapter, and William at that time Chancellor of
the said Church of the Holy Trinity, demanded from the said noble man, Sir
Allan Durward, that he should yield his claim and the whole right which he
said he had to the said land. And now the said Allan, for the sake of j)eace,
has given to the Church of Urquhart half the land sought, viz. , the half of the
half davoch — which is called the half davoch of the church foresaid — in pure,
free, and perpetual elimosina. But he and his heirs will possess the other half
of the half davoch in ):)erpetual feu farm. Giving therefor yearly to the Church
at Urquhart ten shillings, viz. , 5s at Pentecost, and 5s at the feast of St Martin
in winter next following. But fui'ther, the said C]iu.rch of Urquhart will have
one plenary croft, and one toft of four acres assigned to the said church near it,
in a suitable and convenient place, in gift of the said noble person, in pure, free,
and perpetual elimosina. And in firm and indubitable testimony of the i? remises,
to that part of this writing which shall remain with the said chapter, is placed
the seal of the said noble man. Sir Allan Durward, and our own. And to that
part which shall remain with the often above-named noble man, is placed the
seal of our chapter and our own. "Witnesses, H., Lord Abbot of Kinloss ; "Wil-
liam Comyn, clerk ; Elias, "Vicar of Bona ; Mr R. de Stuteuill ; AValter de
Moravia ; John Byseth ; John Cameron ; Roger Loren ; Gylleroch of L^rquhart ;
Alexander ; John of Flandei's ; Radulph, the chamberlain ; Simon, the almoner ;
Malcungy ; Mallesnach ; and others. Given in the year of grace, 1233, the 10th
day of March.
INVERNESSIANA. 25
X.
THE CHURCH IN INVERNESS IN THE REIGNS OF
WILLIAM THE LION AND ALEXANDER THE SECOND.
PART FIFTH. KINMYLIES, 1232.
In these reigns, the Bishops of Moray were very active in
enlarging their revenues, and one of the most important of
the many grants in their favour was the charter of Kinmy-
lies in 1232. No bounds are given in the charter, but in
the rental of the Bishoprick in 1565 ; the barony of Kin-
mylies comprehended Achmounie, in Grlen-Urquhart, feued
to Duncan Mac-Gillies ; Easter Kinmylies, Wester Kinmy-
lies, Ballifeary, Easter Obriachan, Wester Obriachan, Kil-
whimmen, the Mill of Bught, the fishings of Ness called
Freschot, Moniack, Kiltarlity, with the fishings of Ess,
feued to Lord Lovat ; Boleskine and Foyers, held in feu by
the heirs of William Eraser ; the lands of Diirris, the tene-
ment of Helen Flemyng within the burgh of Inverness,
possessed by Peter Winchester ; and the tenement of Robert
Waus, possessed by Jasper Waus.
This fine property would appear to have been possessed
prior to the date of the grant by several Kings' tenants or
Thanes, to whom several references are made. Reference is
also made to the King's milns, which existed at that early
period. These milns were afterwards granted to the town,
and were so valuable that they were subdivided into five
estates, a mode of title we believe still kept up. In a
similar manner the original grant of fishings to the town —
from Clachnahalig to the sea, or four cobles — was subdivided
into eight half cobles — the present state of possession —
whereof the town now possesses but one half coble. In
respect of this subject, the public has the privilege of a free
day's fishing every eighth day during the season.
It is known that there was a church and burying ground
at Kinmylies, formerly Kilmylies, and it may have been
dedicated to the Virgin Mary, or a female saint, Maillie or
Marion. It would appear that some instruction and educa-
tion were given at the place from the word made use of by
the King in describing the lands " j^rejjositiire.'' This word,
according to the best authorities, signified collegiate church.
The favour of the early Scottish Kings to their burghs,
and particularly to Inverness, is seen in this charter, where
D
26 INVERNESSIANA.
their privileges of pasture are reserved, and it will be observed
that Alexander also reserves the lands of Merkinch, the
grant whereof shall be given in our next.
It may be instructive to contrast the reddendo of this
charter, with the present holding of the subjects. The main
portion of Kinmylies proper now belongs to Evan Baillie of
Dochfour, and at the end of this paper will be found a
translation of his obligations, from the Crown charter.
There is among other burdens a stipulation to keep in repair
the choir of the parish church. When the High Church
comes to be rebuilt, it might be well to have a choir, seeing
that there is surplus teind from Kinmylies.
The ministers of the first charge have frequently mooted
the question of their being entitled to have a grass glebe,
but it has hitherto never ended in any decisive step. The
grass glebe would fall to be designated primarily out of church
lands, of which the old barony of Kinmylies is the most
important. The town of Inverness is running a risk by
continuing to uplift the seat rents of the High Church, and
acting and behaving as if they were owners ; and further,
are running another risk by non-payment to the first minister
of the interest of the proceeds realised by them from the sale
of the ruinous manse, which for many years past has not
been accounted for. At same time it may be mentioned
that the town continues to pay a sum for stipend in name
of " common good," undertaken under circumstances which
do not now exist. Follows King Alexander's grant of Kin-
mylies : —
Alexander, by the grace of God, King of Scots, to all good men of all his
land, cleric and laic ; greeting : Know all present and to come that we have
given and by this our charter confirmed to Andrew, Bishop of Moray, and his
successors, Bishops of Moray, the whole land of our collegiate Church of Kin-
myly (totam terrain prepositure nostre de Kinmyly) in feu for ever ; to be held
by the said Bishop and his successors. Bishops of Moray, by their pro^jer bound-
aries, and with all their just pertinents, excepting the lands of Merkinch, which
we have granted to our burgesses of Inverness ; and excepting all the tofts and
lands, which have been given upon the day of this grant to bax'ons, knights, or
other good men of our land, within the boundaries of the foresaid Collegiate
Church of Kinmylies ; and excepting all our fishings, except one, which on the
day of this grant, was let for half a merk, which fishings the farmers or thaynes
of our said collegiate church were wont to have. So, however, that our burgesses
of Inverness, and people dwelling in the tofts and lands of our barons, knights,
and other good men, who are feuars within the boundaries of the foresaid col-
legiate church of Kinmylies, may have the privilege of pasture, which they were
wont to have within the bounds of the said collegiate church — giving, therefor,
to us and our heirs, ten pounds yearly, half at Pentecost, and half at the feast
of St Martin, in winter, and doing foreign, or out service, in the auxiliary forces
and armies, and other services, which j)ertain to the foresaid land of ELinmylies,
except those which belong to the thayne. (Et faciendo fornisecum servitium in
auxiliis et aliis que ad predictam terrain de Kinmyly pertinent preter ea que at
Thaynnm pertinent. ) Wherefore, we will that the foresaid Andrew, Bishop of
Moray, and his successors, Bishops of Moray, hold the said land of the collegiate
church of Kinmylies for ever, freely and quietly as aforesaid, reserving to us all
l)leaa and questions, which can spring from the said land of the collegiate church
i
INVERNESSIANA. 27
of Kinmylies, or the inhabitants of the same, except those which pertain to the
tbanage. Further, the inhabiters of the said hind of the collegiate church of
Kinmylies may frequent our mill at Inverness ; but the Bishop himself, and his
successors, Bishops of Moray, shall be free from jiaying dues to our mill from
their own house at Kinmylies. Further, it shall be lawfid to the said Bishops
of Moray to grind the corn which they use in their own house of Kinmylies in
another mill if they chose. Furthei-, we grant to the said Bishop, and his suc-
cessors, Bishops of Moray, that from the foresaid ten pounds they retain in their
own hands every year four merks for the tithes which pertain to them from the
mill at Elgin ; and ten shillings, which pertains to them from the lands of
IMunden and Kelleys, and sixteen shillings, which pertain to them from the
tithes of the mills of Delpottie, and twenty shillings, which pertain to them
from the lands of Lovat, which belong to John Byseth, and twenty-two shillings
and eightpence, which pertain to the Archdeacon of Moray for tithes of the mills
built Avithin the parish of Forres, from which twenty-two shillings and eight
pence to the Lord Archdeacon of Moray the said Bishops of Moray have relieved
us. Witnesses — W. de Bondington, Chancellor ; Walter, son of Allan, Justiciar,
Stewart of Scotland ; David, son of Earl Duncan ; John de Vallibus ; Walter
Byseth ; Colin Durward. At Cullen, 5th Oct., in the 18th year of our reign.
Follows reddendo clause in the present crown charter of
Kinmylies, dated in 1836 : —
Giving therefor, — for the foresaid lands of Easter and Wester Kinmylies,
dominical lands, crofts, and pertinents of the same, the sum of twenty pounds
Scots money of old feu duty, and three shillings and four pence of the foresaid
money as an augmentation ; and that at two terms in the year — the feasts of
Pentecost and St Martin in winter, by equal portions, and doubling the said
feu-duty and augmentation the first year of the entry of each heir, and giving
suit and presence at three Head Courts, held at Spynie, and performing the
other services and conditions contained in the ancient infeftments. And for the
foresaid lands of Balblair, Ballifeary, and Dalneach, crofts and pertinents of the
same, also j)arts of the said barony of Kinmylies, the sum of £18 15s 7d Scots
money, as the proportion corresponding to the lands and others above-mentioned
of the whole feu-duty of £40 Scots money, payable for the said lands of Balblair,
Ballifeary, Dalneich, crofts and pertinents, for the same, and for the lands of
Muirtown, the Mill of Bught, and pertinents of the same, also parts of the said
barony of Kinmylies, now pertaining to Huntly Duff of Muirtown, and that at
two terms in the year — the feasts of Pentecost and St Martin in winter, by equal
portions, and in the first year of the entry of each heir to the said lands doubling
the said proportion of feu-duty as use is, and performing other services and con-
ditions contained in the ancient infeftments. And for the foresaid tithes, par-
sonage and vicarage, of the foresaid lands of Easter and Wester Kinmylies and
Ballifeary, and the pertinents of the same, the sum of one shilling sterling as
the proportion corresponding to the same, determined by the Barons of Exche-
quer at the sum of £200 Scots, which is the whole feu-duty payable for the tithes
above-mentioned, and also for the lordship and barony of Aberbrothock, of which
they are parts, and that at two terms in the year — the feasts of Pentecost and
St Martin in winter, by equal portions, and a proportional part of the stipend
payable to the minister serving the cure of the Parish Church of Inverness, and
towards the lepairing of the choir of the said Parish Church, and all other taxes,
annuities, and other burdens laid or to be laid upon the tithes of the said parish.
XL
ALEXANDER THE SECOND'S REIGN, 1214-1249.
GRANT OF MERKINCH.
We read that Alexander had been at Inverness in the year
1219 or 1220, from a record of his proceedings at Perth in
28 INVERNESSIANA.
the latter year. It bears at the outset these words : — ** The
Record made at St Johnston of Perth before the King, by-
all the Dempsters of Scotland, Thursday, in the first haill
week of Lentron, the seventh year of his Kynrik, after that
the King had been in hosting at Inverness, against Donald
Nelson" (of the Isles). He was also in the North, according
to Lord Hailes, in the year 1222, in an expedition against
the Earl of Caithness, and the years 1228-29, when one
Gillescop, besides disturbing the peace of the North, burnt
the town of Inverness, and spoiled the Crown lands in the
neighbourhood. Alexander came against him in person un-
successfully, but the next year the Earl of Buchan, Justicar
of Scotland, overthrew Gillescop, with his two sons.
It is related in the Mackintosh History that William
Mackintosh, brother of Farquhar, the third chief, was one of
Alexander's retainers, and accompanied the King when he
went to renew the league with Philip YII. of France.
In the year 1464, James III. ratified at Inverness, to the
burgh, all the Acts and Charters granted by prior Kings,
viz., William, Alexander, David, and James the First. When
James HI. came to Alexander, he says " The tenor of the
charter by our most serene predecessor, Alexander, King of
Scots, follows in this form," and after quoting it, King-
James adds, " The tenor of the second charter of the said
King Alexander, follows in this form." It will be observed
that it is not stated which Alexander, second or third, but^
it is said that both charters are by the same King.
The curious circumstance has just been elicited that these
charters are by different Kings, and that James III.'s advisers
committed a blunder in attributing them to one monarch.
It is needless to narrate the circumstances under which this
discovery has been made. Suffice to say that, started by
ourselves, it has been tested and confirmed by high authority.
Singularly, also, the second charter of Alexander, narrated]
by James III., is first in date, having been granted in 1236
by Alexander the Second in the 22d year of his reign. The
other charter by Alexander the Third was granted in 1250,
in the second year of his reign. Alexander the Second's
charter, after quoted, grants the lands of Merkinch to the
town, but on reference to the charter of Kinmylies in our
last, dated 1232, it will be observed that the lands of Merk-
inch were excluded as having been granted to the burgh.
This difficulty between dates can be explained in this way,
that in 1232 Alexander had given the corporeal possession
of the land to the burgh, though the charter was not actually
written until 1236 ; when the King being then in Inverness,!
I V ^ K £ E
i ^ <^ VII I
A— /f^^^
'^^
^1 t %n
4>^
INVERNESSIANA. 29
his faithful burgesses, aware of the iraportance of having a
writing, may have applied for it, and obtained it then and
there.
The lands of Merkinch and its bounds have at various
periods been the subject of much litigation.
Follows King Alexander's charter : —
Alexander, by the grace of God, King of Scots. To all good men of his whole
land, clerical and laical ; greeting : Know all present and to come, that we have
given, gi'anted, and by this our present charter confirmed to our burgesses of
Invei-ness, the lauds of Merkinch, for the support of the burgh of Inverness, to
be held by the said burgesses of us and our heirs for ever, freely and quietly,
for sustaining the rent of our burgh of Inverness, so that they may cultivate the
said lands of Merkinch if they choose, or deal with it in any other way that may
be for their advantage ; rendering therefor one pound of pepper at the feast of
Saint Michael yearly. "Witnesses — Walter, son of Allan, Steward and Justiciar
of Scotland : Edward (?) Earl of Angus ; Edward (?) Earl of Caithness ; Hugh de
Vallibus ; Walter Wynzett ; Walter de Petyn ; David Marischall, at Inverness,
the twenty-sixth day of July, in the twenty-second year of the reign of the Lord
the King.
We conclude by noting the names of people connected
with Inverness, or deeds subscribed there during the reign
of Alexander the Second, which have come under observa-
tion : —
1. In 1224 is found the name of Thomas Durward, vicar of Inverness.
2. In 1226 appear Robert, Dean of Inverness, William Noreys, Vicar of
Inverness, and Peter, Burgess of Inverness. In a charter by John Byzett, dated
at Inverness 19th June the same year, he, for the soul of William the Lion, and
the salvation of the soul of Alexander the Second, and the souls of his (Byzett's)
predecessors and successors, grants the church of Kiltarlity, to the church of
St Peter, the lepers' house at Bothfan, and the brethren serving God there.
Among the witnesses are Andrew the Bishop, Henry, Dean of Ross and Vicar
of Dvmballoch, Henry his chaplain, W. his brother, and Thomas Durward, Vicax
of Inverness.
3. In 1229, in an agreement as to the Teinds of Strathisla, one of the witnesses
is " Brother Alexander of Inverness."
4. In 1232 is found Andrew, Vicar of Inverness.
5. In 1234 is found " M. de Monte- Alto," Sheriff of Inverness.
6. In a charter by King Alexander of Kildrummy, dated 1238, reference is
made to the Bailliary of Inverness and Drakies, the forest of Inverness, the
lands of Cullcden, and of Essich.
7. In an Act passed in 1244 "of the lawe callyt Clary may thane," reference
is made to the " Sheref of Innerness."
8. In 1245, Sir John Byzett was warded in the Castle of Inverness, on
suspicion of being accessory to the murder of the Earl of Athole, three years
before.
XII.
ALEXANDER THE THIRD, 1249-1285.
During the reign of Alexander the Third, which lasted
for thirty-six years, Scotland upon the whole enjoyed great
prosperity. The population has been stated to have numbered
30
INVERNESSIA.NA.
close on two millions, and the records were numerous and
regular. Loss of men, wealth, and muniments, to an incon-
ceivable degree, followed the protracted struggle with Eng-
land, from the death of Margaret of Scotland to the final
establishment of Robert Bruce on the throne.
At an early period, Alexander granted a charter to Inver-
ness, of which a copy will be found at the end. That he
visited the town is shown by a charter granted by him to
the Bishop of Aberdeen, dated Inverness, 10th August,
1260. It was during the first year of his reign, and at the
close of Alexander the Second's, that the great ship was
built at Inverness for the purpose of carrying soldiers to
the Holy Land by that powerful French nobleman, com-
monly called the Count de St Paul. The circumstance is
alluded to in the following terms by the historian Paris,
when regretfully chronicling the death of several of the
French nobles, who were preparing in 1249 to assist in the
crusade : —
There also died on the journey at Avignon, Hugh de Chatelion, Count of St
Paul and Blois, who was killed by a stone hurled from a mangonelle at Avignon,
in the contest which the King was engaged in with the citizens of that place,
before he set sail — a sad presage of the prosecution of the crusade, for there was
not in the whole French army a more noble man, or one more powerful in battle.
He had in his retinue 50 chosen knights, as his standard-bearers in battle, but
when he died all of them were disj^ersed and left desolate. This Count Hugh
had built a handsome ship at Inverness, in the country of Moray, and in the
Kingdom of Scotland, in which he might be able to cross the sea with the
Bolognese and Flemings, and those commonly called men of Arlterre ; but all
these preparations were cut short before completion, as a weaver cuts his web.
In this King's reign, a valuation of the whole of Scotland
was taken by Royal order, which was known as the valua-
tion " of old extent." Fordun states that so numerous and
powerful were the family of Comyn at this period, that there
were no fewer than thirty-two Knights of the name.
In 1263 Alexander visited the north and came the length
of Caithness. By the Chamberlain's accounts, a new fence
or palisade was erected around the Castle at an expense of
£1 18s 9d, and inside was constructed a wardrobe-room,
with a double wooden roof, at a cost of £7 19s. The
salary of the chaplain who ofiiciated in the chapel of the
Castle was five merks yearly.
In the same year, Lawrence de Grant was Sherifi" of
Inverness. Tho' the name appears earlier in history, yet it
is from this Lawrence, who married the heiress of Glen-
charnich, whose posterity still retain the lands, the family
of Grant date their real establishment in the north.
Follows King Alexander the Third's Charter to the town
of Inverness : —
^
INVERNESSIANA.
31
Alexander, by the grace of God, King of Scots. To all good men of his whole
realm. Greeting : Know ye that we have granted to our Burgesses of Inverness,
that none of them shall be poinded in our Kingdom for any but his own proper
debt, forfeit, or pledge. Moreover, we command and charge our Sheriffs and
Bailies, constituted on the northern side of Delmoneth* and all others, or
their Bailies, to poind those who owed debts to our Burgesses, which they could
reasonably prove, for i-endering payment of such debts as may be justly due to
them without delay ; nevertheless, we strictly forbid them to presume to detain
or oppress any one unjustly with poindings for debts which he owes them, con-
trary to the foresaid grant wliich we have made to them upon our plenary
forfeiture. "Witnesses. David, Bishop elect of Dunkeld ; David, Abbot of New-
bothil ; Allan Durward, Justiciar of Scotland ; and Gilbert de Hay. At Scone,
the third day of Deceriiber, in the second year of the reign of the Lord — the
King. (3d Dec. 1250.)
1
XIIL
ALEXANDER III 1249-1285. PART SECOND. CHURCH
AND LANDS OF ABRIACHAN.
The lands of Abriachan must have been granted to the
Bishoprick of Moray at a very early period, perhaps at its
foundation. They formed a part of the parish of Bona, now
united with Inverness, and are the southernmost portion of
the parish. There are no remains of the church, but the
locality is indicated by the name of Cill-Fhianan. There
are some old grave stones, one of which is sculptured, and
evidently of great antiquity. Numerous traditions regard-
ing this stone prevail in the primitive district, and it is
matter of regret that the immediate locality, which is
picturesquely situated, is not tended and enclosed.
Abriachan has of late come into repute from its red
granite, which is susceptible of the finest polish.
Besides an inveterate fondness for distillation, independent
of Government control, there were some peculiarities in the
appearance and habits of the Abriachan men, which did not
escape the notice ol' their neighbours. A Gaelic rhymer,
who perchance had been silenced in an alehouse wrangle,
1 •
* That is, of the Month, <w Mounth. The Grampian hills were so named in
early times, and the terra Cairn of Mounth also sometimes occurs. An anony-
mous author cited by Camden thus describes these hills : — "Mons, qui Mounth
vocatur qui a mari occidentali usque ad orientale extenditur ;" and another in
the 13th century writes thus: — " Quoddam vastum quod vocatur le Mounth,
ubi est pessimum passaglum sine cibo."
32 INVERNESSIANA.
gave vent to his feelings in a famous rhyme, which may
thus be clothed in an English dress : —
Abriachan rears but little men,
Addicted much to liquors strong ;
They'd speak for ever ; as to sense,
They only gabble all day long.
The Church lands of Abriachan, though part of Bona
parish, did not form part of the barony of Bona, as will be
seen by the deed after quoted, which describes them as
lying betwixt the barony of Bona at the north and the
barony of Urquhart at the south. It is also probable that
the present bounds of Abriachan are not identical with their
former positions, because the estate of Dunain, comprehend-
ing Lochend or Davochnacraig, has a right of salmon fishing
in Loch Ness, ex adverso of the lands of Abriachan, to a rock
called the Black Stone. The old writings refer also to the
barony of " Benquhar," a name still known by the Gaelic
speaking people, and is described to us as extending from
Balnagaick of Dunain, to the Red Burn of Dochnacraig.
The name of Abriachan under the spelling of *' Abirihacyn"
is first found in the year 1239, though '•^ Urquhart beyond
Inverness," and ^^ Gillebride, parson of Abertarff," its
neighbours, are met with several years earlier in the great
Charter of Bricius, Bishop of Moray, 1208-1215. Andrew,
Bishop of Moray, on the 31st December 1239 grants inter alia
^' from a divine regard for piety and for the increase of
divine worship, with consent of his clergy, to the Church of
the Holy Trinity of Elgin, and to the Canons serving, and
who may in future serve God there, in pure and perpetual
charity, for the common use of said Canons," under certain
reservations therein particularly specified, " the church of
Abirihacyn, with all its pertinents, excepting one half
davoch of land, belonging to our table and that of our
successors." In the Taxaciones heneiiciorum Ejnscopatus Mora-
viensis, the church of Abriachan is only valued at two merks,
but probably this included vicarages merely.
We find the lands — which extended to a half davcch —
granted by John, Bishop of Moray, to Sir Robert Lauder of
Quarrelwood, by the deed after quotec}, on the feast of St
Nicholas (6th December) 1334. Agaii, on the 3d February
1376, on the resignation of Sir Robert de Chisholm, son of
Sir John de Chisholm, who had married Anne, daughter of
Sir Robert Lauder, Alexander, Bishop of Moray, disposes
the lands by the deed, also after quoted, to the Wolf of
Badenoch. Readers will observe the distinction in the
reddendo clauses of the two charters : —
INVERNESSIANA. 33
CARTA. J. EPISCOPI ROBERTO DE LAWADYR, MILITI, ABRIACH.
John by divine permission the humble minister of the Church of Moray, to
all sons of Holy Mother Church to whom these pi'esent letters shall come ;
Greeting in the Lord everlasting : Know all, that we by the advice and with the
approbation of our Dean and Chapter, having regard to the common advantage
of our Church foresaid, and having moreover its more careful management in
view, have given, granted, and in feu farm demitted, to the noble person Sir
Eobert de Lawadyr, Knight, for his manifold services done to our said Church,
a half davoch of our land of Aberbreachy, lying between the' bai-ony of Bonack
on the East on the one side, and the barony of Urchard on the West on the
other, together with our land of Avichmunie, lying between the land of Drumbay
on the East on the one side, and the land of Cartaly on the West on the other,
within the barony of Urchard foresaid, with the pertinents : To be held and had
by the said Sir Robert and his heirs of us and our successors for ever, with their
right marches and divisions freely, quietly, fully, peacefully, and honourably, in
pleas, courts, malt-kilns, mills, and multures, and with all other liberties, com-
modities, easements, and just pertinents belonging to said lands, or which in.
future may belong, and which may have or can by right belong to the same, by
whatsoever agi-eem«nts in our times or in those of any of our predecessors :
Rendering therefor annually to us and our successors the said Sir Robert and
his heirs four merks sterling at the two accustomed terms of the year by equal
portions in lieu of eveiy other exaction, service and demand, and giving therefor
to us and our successors and to the Church of Moray the said Sir Robert and his
heirs fidelity and homage. In testimony whereof we have publicly caused these
our lettei's to be sealed for him with our seal along with the common seal of our
chapter aforesaid. Given at Elgyn on the feast of St Nicholas (6th December),
Bishop and Confessor, (Episcopi et Confessoris) in the year of Grace 1334,
CARTA. A. EPISCOPI SUPER TERRIS DE ABBREACHY.
Alexander by divine permission the humble minister of the church of Moray,
to all sons of Holy Mother Church to whom these present letters shall come ;
Greeting everlasting : Know all, that we by the advice and with the approbation
of the Dean and Chapter of our Church foresaid, having regard to its common
advantage and likewise with a view to its more careful treatment, have given,
granted, and in feu-farm demitted to that great (magniUco) noble and potent
lord. Lord Alexander, the Senescal, Earl of Buchan, Lord of Ross and Badenach,
Lieutenant (locum tenenti) of our Lord the King and Justiciar of the part North of
the water of Forth, because of his many serviceable benefits and protection
bestowed, and faithfully in future to be bestowed upon us and our said Church, a
half davoch of our land of Abireachy lying between the barony of le Bonach on
the east side on the one part, and the barony of Urchard on the west on the
other, together with our land of Achmunedy with the pertinents, lying between
the land of Di'umbuy on the east on the one part, and the land of Cortaly on the
west on the other, within the barony of Urchard foresaid, which lands with the
pertinents Sir Robert de Chishelme, Knight, lord of that Ilk, held of us in chief,
and he, induced neither by force nor fear, nor deceived by error, but by pure and
spontaneous free will, did give up and purely and simply resign into our hands
by staff and baton, the foresaid lands with the pertinents, and all right and
claim which he the said Knight, or his heirs had or could in future have in the
said lands with the pertinents : To be held and had by the said Lord Alexander
and his heirs of us and our successors for ever, by all their right divisions and
inarches freely, quietly, fully, peacefully and honourably in pleas, courts, malt-
kilns, mills and multures, and with all other liberties, conmiodities, easements
and just pertinents belonging to said lands, or which in future may Ijelong, and
which belonged or could by right belong to the same in our times or those of any
of our predecessors by whatsoever agreements : Giving, the said Lord Alexander
and his heirs, to us and our successors and Church, fidelity and three attendances
at our three Head Courts at Brennach annually : Paying therefor yearly the
said Lord Alexander and his heirs to us and our successors four merks sterling,
at the two accustomed terms of the year, by equal i^ortions with the foresaid
services only, in lieu of every other exaction, service, or demand which could be
exacted or extorted by us or our successors tor the said lands with the pertinents.
In witness whereof we have publicly caused these our letters to be sealed for
him with our seal together with the seal of our Chapter aforesaid. Given at
Elgyn the third day of the month of February, in the year of the Lord 1386.
E
34 INVERNESSIANA.
At a later period, the lands of Abriachan formed in the
Episcopal rentals, a part of the Barony of Kinmylies, and
were finally feued out by the Bishop and Chapter to Hugh,
Lord Lovat, on 13th May 1544; and are in the charter de-
scribed as the lands of Easter and Wester Abriachan, lying
within the Barony of Kinmylies and Regality of Spynie,
Afterwards the lands came into possession of the family of
Grant, who wadsetted them to the Erasers of Reelig, who
again assigned the right to Evan Baillie, a younger son of
Alexander Baillie, second of Dochfour. From the repre-
sentatives of this Evan Baillie, styled Evan l)hu, a well-
known lawyer in Inverness upwards of a century ago and a
great ally and doer of Simon, Lord Lovat's ; — the late Sir
James Grant of Grant redeemed the wadset, and the lands
of Abriachan are the only lands belonging to the Grants in
the united parish of Inverness and Bona.
ALEXANDER III-1249-1285. PART THIRD,
SERVICE TO LAND IN THIS REIGN, HELD AT
INVERNESS.
In this reign the commerce of Inverness was extensive,
•«/ and its annual fairs were attended by foreign merchants. The
following connected with the town and the north, are extracts
from the accounts of the Sheriff of Inverness in 1263 : —
Received of feus of many lands, &c., £133 13s 4d.
Item, to John de Walcliop, by gift of the Lord the King, 6 merks.
Item, for the expenses of 21 hostages or captives (obsidum) from Caithness, a
penny per day for each ; and for 2 from Scy (Skye), |d per day to each, with
the expenses of theii keepers, £30 13s 4d.
Received of the same (Alexander de Cumyn, Earl of Buchan) for the fines
obtained in the town of Inverness, £95.
Memorandum, that it be enquired into whether Alexander Cuming, Earl of
Buchan, or Lawrence le Graunt, Sheriff of Inverness, ought to answer to the
Lord the King for the feu of the land of Inuery at the term of Pentecost (Whit-
sunday) in the year 1263.
Item, for 200 head of cattle from the land of the men of Caithness 58s, with
^ all expenses.
Item, for 20 lasts of herrings bought for the use of the Lord the King the
same year, 20 merks.
Item, for the carriage of said herrings by ship to Leith with the expenses of
guarding and carriage to the sea, 107s 3d.
Item, to the Sheriff for his captions in the burgh of Inverness for that year,
100 shillings.
With the deplorable loss of our early records, it is fortunate
that a service in the year 1262 has been preserved, and which
INVERNESSIANA. 35
is hereafter quoted, in consequence of its having taken place
at Inverness, upon the day of the month next before the
feast of St Andrew the Apostle (29th November) : —
INQUISITION MADE EEGARDING THE LAND OF MEFTH, A.D. 1262. y^
Inquisition made at Invernys on the day of the month next befoi'e the feast of
St Andrew the Apostle in the year 1262, before the bishop of Ross and Alexander
Cumyn justiciar of Scotland and A. de Monte Forti sheriff of Elgyn and A. de
Swinetun, by Thomas Wisman [Thomas Wisman was provost of Elgin], William
Wisman, Archibald de Doleys, Alexander his brother, James de Brennath, Adam
son of Robert, Walter de Alveys, Andrew Wishay, Hendry de Seleltoch
[Sallescot], Macbeth de Dych, Hugh Ranald, William son of Turpun, Michael
son of Abraham, William de Brennath [Birnie], John de Oggiston [Gordonstown],
Gilpatrich Mac Gilbeg and John Faber de Ineys, regarding the land of Mefth
with the pertinents, to Avit, whether the ancestors of Eugenius Thane of Ratthen
[Eugenius, thane of Rathven and lord of Meft] have held the said land of our
Lord the King and his ancestors hereditarily, in chief, and if the said E. and his
heirs ought to hold the said land of our lord the king by right hereditarily
according to the tenor of the breve of the lord the king directed to the said
justiciar upon this matter. All being sworn, say that Lord King William gave
the said land of Mefth with his house in the castle of Elgyn and with one net
upon the water of Spe and with the pertinents, to Yothre Mac Gilhys hereditarily
for the service of one serving man and for doing military service at home ; and
he held the said land with said pertinents throughout his whole life in the same
manner, and afterwards Eugenius his son grandfather of the foresaid Eugenius,
and Angus his son father of that Eugenius ; and that Eugenius similarly thus
far have held the foresaid land in the foresaid manner peacefully, hereditarily,
in chief of the Lord the King, and they know no reason why the said E. and his
heirs ought not to hold the said land otherwise than of the Lord the King
hereditarily by right.
The preceding is given not merely because the inquest was
held in Inverness. It is interesting as showing the mode of
procedure in Scotland under the old form before the loss of
the national records and the introduction of the English
practice ; and illustrative of the state of society and of the
country in those early times.
We fear that there is no one now to represent the Thane
of Rathven, but if there be any Gillies or Macgillies who can
connect himself with the Eugenius referred to, he will be
able to substantiate a pedigree equal to that of any subsist-
ing family, not excepting that of Innes, descendants of the
Flandrensian Berowald. We have here Eugenius, of lawful
age in 1268, and mention made of Angus, his father, of
Eugenius, his grandfather, and Yothre Macgilhys, his great-
grandfather. As surnames were unknown, we may go a
step further back, and arrive at Gillies as the great-great-
grandfather and founder, who may have lived in the year
1050, if not earlier, and his name has a good Celtic sound.
Mention also is made of a Macbeth of Dyke, no doubt a man
of consequence.
The lands of Meft were for a very long time the property
of the family of Innes. They lie in the parish of Urquhart
and county of Elgin, and are now the property of the Earl
of Fife, whose predecessor acquired them about the year
1760. Their annual value appears to be £448 or thereby.
36 INVERNESSIANA.
XV.
ALEXANDER III. 1249-1285. PART FOURTH,
THE ANNUAL OF NORWAY (RATIFIED AT INVERNESS),
FIRST SECTION.
The acquisition of the Western Isles had long been an
object of importance to the Scottish kings^ and the disastrous
x/ results to Norway of the battle of Largs paved the way for
a settlement, in pecuniary form.
Accordingly, on 2d July 1266, a composition or agreement
was come to, which included Man, copy of which is annexed^
and is here introduced, not only as a document of great
interest never hitherto printed in the English language, but
because it is in a measure closely connected with Inverness.
After Bruce was settled on the throne, he thought it
desirable to have this agreement styled " The Annual of
Norway," ratified and confirmed by Haco V. of Norway.
There met in consequence, at Inverness, representatives of
both kingdoms — King Robert being personally present — on
the Sunday next after the Feast of the Apostles Simon and
Jude, as will be seen by the deed after quoted, which is of
so great length that it is divided into two sections.
Torfaeus, followed by Buchanan, states that it was ^^ farther
agreed that the King of Scotland's daughter Margaret, then
four years of age, should be married to Haco son to King
Magnus, when she arrived at a proper age." But no such
stipulation appears in the contract. On the contrary,
according to Tytler, it was in consequence of the Queen's
death that Alexander III. " began to seek alliances for his
children. He married his daughter Margaret to Mnc, King
of Norway, then a youth in his fourteenth year." Their
marriage contract is dated 25th July 1281. Follows "The
Annual of Norway" ; —
In tlie name of the Lord, Amen, in the year of the Incarnation of the Lord
1312, on the Sunday next after the Feast of the Apostles Simon and Jude (31st
Oct. ) : Convening at Inuernyss in Scotland the most serene Prince Lord Haquin
5th, by the grace of God noble King of Norway by his solemn ambassadors, the
nobleman Lord Bernerus de Berkerey, a Baron, and the discreet man Lord
Ivarvis, son of Oulauus, a canon of the churches of Bergen and Orkney, having
as ample power to do all that is underwritten as the said Lord King of Norway
might have if he were personally present, on the one part ; And the eminent
prince Lord Robert by the like grace noble King of Scots personally on the other
part ; There were exhibited, recited and harmoniously authenticated by both
parties certain muniments regarding a Composition and final Agreement between
the eminent and noble Princes of happy memory Lords Magnus Fourth and
Alexander Third, Kings of Norway and Scotland and their heirs, executed in
INVERNESSIANA. 37 '
fimes past in these words : In the name of the Father, and of the Son, and of * ^
the Holy Ghost, Amen ; That the certainty of these presents may give true
and evident witness for ever of the past ; Be it known that in the year of Grace
1266 on the Friday next after the Feast of the Apostles Peter and Paul (July 1/ <l*^cj-tar '
2d) in the Church of the Preaching Friars (Dominicans) at Perth, this Composi- -I
tion and final Agreement was entered into for the quieting of the contentions, i
complaints, losses, injuries and discords of the Isles of Sodor and Man, and .
regarding the rights of the same, by the aid of divine Providence,-h€tween the
noble and eminent Princes Lord Magnus Fourth by the Grace of God illustrious '
King of Norway by means of solemn ambassadors, Askacinua, his chancellor, ■
and Andrew, son of Nicholaus, his Baron, specially appointed and thereto law- j
fully constituted compearing there, on the one part ; and Lord Alexander Third I
by the like Grace noble King of Scotland compearing there personally with the |
clergy and greater nobles of his Kingdom on the other part ; in this form, viz. : j
— That the said Lord Magnus King of Norway, as a friend of peace and sup- 1
j porter of justice, to cherish more diligently reverence for God, and for the i
I observance of mutual love and peace, and to repel danger from friends, and to i
'' avoid the more qviickly the wiles of men, at the instance and honour of the
said Lord Alexander, King of Scotland, gave up, resigned, and quitclaimed as
well petitory as possessory for himself and his heirs for ever, Man with the ''
other Southern Isles and all other Isles on the "West and South of the Great
Haff (The Minch) with all right which he and his progenitors had in these from j
i ancient time, or which he and his heirs may in future have and that by means ]
of the foresaid discreet men, Lords Askacinus, Chancellor of the said Lord Magnus, j
King of Norway, and Andrew, son of Nicholaus his Baron, who have full authority j
from the said King to compose and agree regarding these amicably and socially : i
To be held, had and possessed by the said Lord Alexander Third, King of Scot-
land and his heirs, with superiorities, homages, rents, services and all rights '
and pertinents of said islands without restraint, along with the right of patronage i
of the episcopate of Man ; Reserving the right, jurisdiction and liberty of the : \
Church of the Northern Isles, in all things and by all means, if it any had or has " !
in the episcopate of Man ; And excepting the Isles of Orkney and Shetland !
which the said King of Norway has with their superiorities, homages, rents, j
services, and all rights and pertinents within the same belonging thereto, specially j
reserved under his own dominion. Wherefore let all men of said isles which i
have been given up, resigned and quitclaimed to the foresaid Lord King of Scot- j
land, both high and low, be subject to the laws and customs of the Kingdom of
Scotland, and be judged and treated according to these from hence forward for j
ever ; And for those forfeitures or injuries and losses which they have done, even j
until this present day, whilst they adhered to the foresaid King of Norway, let j
them in nowise be punished or quarrelled with as to their heritages in these isles, ; [
but let them peacefully remain in the same under the government of the King j ^ gstJ '
of Scotland, like other free men and lieges of the said Lord King who are known i '
to rejoice in more liberal justice, unless they otherwise commit any crime for J
which they justly ought to be punished according to the approved laws and
customs of the kingdom of Scotland, and if they wish to remain in the said isles
under the dominion of the said Lord King of Scotland, let them remain in said :
dominion freely and in peace, and if they wish to depart, let them depart with i
their goods lawfully, freely, and in full peace ; So that they be compelled neither j
to remain nor depart contrary to the laws and customs of the kingdom of Scotland j
^^ndrtheir-own desire : Therefore, Alexander, foresaid King of Scotland, zealous
for the truth and a lover of peace and harmony, and his heirs for ever shall
give and pay yearly for ever for this concession, resignation, and quit-clamation, |
and chiefly for the sake of peace, and that harassments and troubles may be
removed, to the foresaid King of Norway and his heirs and their assignees con- i
tinually, within eight days of the Feast of the Nativity of St John the Baptist
(24th June) in Orkney, the land to wit of the Lord King of Norway, within the ;
Church of St Magnus, into the hand uf the Bishop of Orkney, or of the Bailie of ' ;
the said Lord King of Norway, to this end specially deputed, or there shall be K
deposited in said Church for the use of the said Lord King of Norway, under i
keeping of the Canons thereof, if the bishop or bailie can not be found there, j
who will give for them letters of acquit-clamation and discharge, 100 merks of 1
good and legal sterling money, reckoned according to the mode and use of the ;
Court of Rome, and of the kingdoms of France, England, and Scotland ; and
also 4000 merks sterling, reckoned after the said manner, within the next four j
years at the place and term foresaid, viz. — 1000 merks within eight days of the ;
Feast of the Nativity of St John the Baptist, in the year of grace 1267, and 100
merks of the foresaid payment ; and in the year of grace 1268, at the same place I
38 INVERNESSIANA.
and term, 1000 merks and 100 merks of the foresaid payment ; and in the year
of grace 1269, at said place and term, 1000 merks and 100 merks of foresaid pay-
ment ; and histly, in the year of grace 1270, at said place and term, 1000 merks
and 100 merks of the foresaid payment : And in future, at said place and term,
100 merks of payment foresaid only, reckoned in manner foiesaid annually, for
all and for ever : And for observing faithfully and steadily, all and sundry, as
above set forth, the said Askacinus, the chancellor, and Andrew, the baron, in
behalf of their Lord, Magnus, illustrious King of Norway, and his heirs and
assignees, whose wish regarding these matters was fully known to them publicly
swore after touching the holy gospels on the soul of the said King and their
own souls, in the Church of the Preaching Friars at Perth, and the said Lord
Alexander, King of Scotland, by means of the noblemen Adam, Earl of Carryk,
and Robert of Meygners, in the same manner swore and caused these to swear on
his and their souls solemnly, in behalf of himself and his heirs, in presence of
the said Ambassadors : And for the greater security of this matter, both parties
have bound themselves in the penalty of 10,000 merks, to be paid simply and
without legal quarrel by the party wishing to resile to the party observing
this composition and final agreement, the composition and final agreement shall,
notwithstanding, endure in full force for ever.
(To be Continued.)
XYI.
ALEXANDER III. 1249-1285. PART FIFTH.
THE ANNUAL OF NORWAY (RATIFIED AT INVERNESS).
SECOND SECTION.
It was this agreement of 1266 which gave the Lordship of
the Isles to the Scottish kings, but as they had been pre-
viously granted in property to Somerled and his descendants,
it is questionable whether for a considerable period this
acquisition was not more troublesome than its worth.
Both monarchs it will be observed submitted themselves
to the jurisdiction of the Apostolic See.
Randolph appears as Earl of Moray in the month of
October 1312, a date earlier than is generally supposed.
By the Chamberlain's rolls and the accounts of the Sheriff
of Inverness, it appears that the latter in 1263 disbursed
forty-seven shillings and sevenpence " for the expenses of
the Preaching Friars (of Inverness) when going on the Lord
the King's message to Norway." In the same year there is
charged for the expenses of the Chamberlain " while staying
at Inverness to feU the lands of the Lord the King," forty-
five shillings and fivepence.
The following entries are interesting : —
Item, to Kermac Macmaghan for 20 head of cattle from the territory of tho .
Earl of Ross, given to him by the Earl of Buchan and Alan Hostiarius who hadj
the Lord King's authority by his letters patent, at the time of the arrival oJ
the King of Norway, 100s.
Item, for the expenses of twenty one captives from Caithness, viz,, to each per]
day one penny, and for 25 weeks, and then they were set at liberty, £15 6s 3d.
<?,
INVERNESSIANA. 39
Item, 4 merles deducted for the tenth of the Bishop of Moray, for the territory
of the wife of the late John Byset.
Memorandum, that the said Shei-iff onght not to be called to account for £45
for the 29 head of cattle from the territory of the Earl of Ross which the Lord
King expected from the said Earl, until the Lord King shall have specially
commanded him to render an account.
Follows the remainder of the Annual of Norway —
Moreover, Lord Magnus, King of Norway, by his ambassadors foresaid, and
Lord Alexander, King of Scotland, have submitted themselves, their heirs and
successors, in this matter, to the jurisdiction of the Apostolic See, that after
one admonition has been given by sentence of excommu.nication against the
parties without any exception, and of interdict against the Kingdoms, it compel,
without legal quarrel and trial of any kind, the party resiling from foresaid.
Composition and final Agreement to pay to the party observing said Composition
and final Agreement, fully and completely, the said penalty of ten thousand
jnerks. And further for observing the said Composition and final Agreement in
all and sundry its articles which are not to be relaxed until said penalty, as
said is, shall have been fully paid, the said Composition and final Agreement
shall endure in its full strength and be of avail in and by all ways for ever.
Accordingly, both parties have renounced in this transaction all exception
because of fraud and all action because of stratagem in fact, and privilege of
court, and specially restoration in full, and all letters had and obtained twixt the
said Kings and their ancestors up to this time, of whatever tenor they may be,
and all letters and apostolical indulgences that have been and may be obtained,
and all remedy of law, canonical and civil, by means of which said Composition,
resignation, quitclamation, and final Agreement can be impeded, disturbed, or
destroyed, or in any other way weakened. It has also been added to this Agree-
ment, and ordained by common consent, twixt the Kings and Kingdoms of
Norway and Scotland, that all transgressions and offences both civil and
religious which have been committed by either party, his ancestors and subjects,
upon the other, even up to this present day, are wholly remitted, and no
mode of hurt, anger, or vengeance shall await for these ; And that the hostages
of said islanders captured and detained by either party shall be freely set at
liberty and restored ; And if a private enemy of said Kings — to wit of Scotland
and Norway — flee for refuge to one of them he shall not receive him into his
kingdom or dominion to the hurt of him from whom he has fled, unless per-
chance at the time he obtain pardon, if he has deserved it, and if he shall not be
able to obtain the pardon of his offended lord, he (the King) may not delay
immediately after a year to remove that person from his i^resence and his
dominion, those being excepted who shall have committed the crime of lese-
majesty, and they may in nowise be received by either party. Moreover, if
it ibappen that the subjects of the King of Norway, which God forbid, suffer
shipwreck or misfortune in the kingdom or dominion of the King of Scotland,
they shall be permitted freely and quietly to collect their shattered or disabled
vessels together with all their property either personally or by means of others,
and to hold, sell, and alienate the same without any chicanery, as long as they
shall not abandon them ; And if any one contrary to this Statute of the common
agreement shall take away fraudulently or violently anything of any kind from
said property or vessels, and for this be convicted as a thief and disturber of
the peace, he shall be punished according to his deserts, any law to the contrary
notwithstanding ; Also, if any one shall be found and convicted as a disturber
of the peace of this final Agreement passed and confirmed between the foresaid
Kings, their kingdoms and subjects, he shall, because he has presumed to do so,
be so severely punished by the King in whose dominion he shall be found, that
his punishment may beget fear in others. In testimony of which thing to the
part of this, written in mode of chirograiDh, made to remain in the possession of
the Lord the illustrious King of Norway, is appended the seal of the said Lord
King of Scotland, together with the seals of the venerable fathers, Gamelinus
and John, by the grace of God bishops of St Andrews and Glasgow ; and of the
noblemen, Alexander Comyn, Earl of Bachan, Patricius de Dunbar, William
de Marre, Adam de Carrie, Earls ; and Robert de Meygners, a baron ; And to
the other part written in mode of chirograph, mi.de to remain in the possession
of the said Lord King of Scotland, is appended the seal of his excellence the
said Lord King of Norway, together with the seals of the venerable fathers,
Peter and Thorgilf, by the grace of God bishops of Bergen and Stauangren ; and
of the noblemen, Gunter de Mel Kynsitus, son of John ; Fynius, son of Gunter ;
40 INVERNESSIANA.
Andrew, son of Nicholaus ; and Askatynus, Chancellor of the said Lord King of
Norway : — Which composition and final agreement, concession, resignation, and
quitclamation, so made amicably and socially for the sake of peace, together
with others all and sundry as are above contained, the most serene Prince
Lord Haquin Fifth, King of Norway aforesaid, for himself, his heirs, and king-
dom of Norway, by means of his above-named ambassadors. Lords Bernerus and
Ivarus, approved, ratified, and in the person of the said great (magnifici) Prince,
Lord Robert, illustrious king of Scots and of his heirs, renewed, and by the
present writing eternally confirmed ; And the said great Prince, Lord Robert,
illustrious King of Scotland, approved, ratified, and in the persons of the foresaid
most serene Prince, Lord Haquin, illustrious King of Norway and his heirs,
renewed, and by the present writing eternally confirmed said composition and
final agreement, concession and quit-clamation, so made amicably and socially
for the sake of peace, together with others all and sundry, for himself, his
heirs, and kingdom, together with the payment of a hundred merks sterling,
according to the custom of the Courts of Rome and of the kingdoms of France,
England, and Scotland, of annual rent to be made to the Lord King of Norway,
his heirs, and to the kingdom of Norway, annually for ever, in the Church of St
Magnus the Martyr in Orkney, the territory of the Lord King of Norway, on the
Festival of the Nativity of St John the Baptist, as in the original instrument made
regarding this matter, is more fully contained : And to observe faithfully the
above written ancient composition and final agreement, with all and sundry
therein contained and now approved, ratified, renewed, and confirmed by the
foresaid Lords Haquin and Robert, Kings of Norway and Scotland, as is above
said, the foresaid ambassadors of Norway, in behalf of their Lord, Haquin
King of Norway, his heirs and assignees, have publicly sworn on the soul of
the said King and their own souls, after touching the holy gospels; — and the
venerable father Ferchard, bishop of Caithness, and Master Roger of Inuernys,
chancellor of the Church of Moray, having a special mandate to that effect,
swore in a like manner on the soul of their Lord, the said Robert, King of Scot-
land foresaid, and on their own souls in behalf of their said Lord the King and
his heirs, in presence of said ambassadors : In testimony of which thing to the
part of this written in mode of chirograph, made to remain in possession of the
Lord the illustrious King of Norway, the seal of the said Lord King of Scotland
is appended together with the seals of the venerable fathers, by the grace of
God, Lords Henry, David, Thomas, and Ferchard, bishops of Aberdeen, Moray,
Ross, and Caithness ; and of William, David, and Thomas Randolph, Earls
of Ross, Athol, and Moray : And to the other part of the same written to remain
in possession of the said Lord King of Scotland, is appended the seal of the
Lord King of Norway, together with the seals of the venerable fathers, by
the grace of God, Lords the Archbishop of the Northern Isles (Orkney and
Shetland), the Bishops of Bergen and Orkney, Lord Magnus, Earl of Orkney, and
of said ambassadors.
When it is considered, that besides the King there were
present with him, at least four Bishops and three Earls ; and
for the King of Norway, one Archbishop, two Bishops, one
Earl, and two Barons, it may be held that no other such
influential meeting ever took place at Inverness for a peace-
ful object.
XYII.
MARGARET, MAIDEN OF NORWAY. 1286-1290.
At the time of Alexander the Third's death in 1286, there
was no living descendant of William the Lion in the direct
line, save Alexander's grandchild Margaret, then but three
INVERNESSIANA. 41
'eai-s old. She was only child of Eric King of Norway, by
il^rgaret daughter of King Alexander,
Fordun in his complaint for the untimely death of
Alexander III. quotes the prophecy of Thomas the Rhymer
•egarding the sad event, and introduces it in the foUowing
|[uaint and dramatic manner : —
Do you not remember what that prophet, yoiir countryman, viz. ; Thomas -of
Crsildon, obscurely prophesying, on the night preceding the death of King
Llexander, in the Castle of Dunbar, had said of his death to the Earl of March,
?ho, as was his wont, enquired of him, as if by way of joke, what strange event
he following day would disclose ? Thomas fetching from the bottom of his
leart a sigh full of sobbing, is reported to have clearly revealed to the Earl in
iresence of his courtiers (what would haj)pen), in this manner: — "Alas ! to-
Qorrow ! day of calamity and misery ! for ere the twelfth hour is fully completed,
here will be heard throughout Scotland so violent a blast, that the like was not
:nGwn «f in times past. Its breath shall astound the nations, amaze the hearers,
>ring down the lofty, and level to the ground the immoveable." The Earl with
lis attendants was, because of this serious a,ddress, observant on the morrow,
Old kept watch eveu until noon, and perceiving no trace in the clouds of heaven,
lor signs of wind, thinking Thomas a madman they hurried off to luncheon,
?here, while the Earl was scarcely seated at table, and the hand of the clock
ilmost approached the hour of mid-day, a messenger came in haste to the gate,
listurbed with imi^atient knocks the ears of the Earl and entreated to be allowed
,peedj entrance. The stranger was accordingly admitted and asked for his
idings. Tidings, said he, I have, but disastrous and to be deplored by the whole
iingdom of Scotland, since alas, the renowned King reached the end of his
jresent life, last night at Kinghorn, and I am come to tell thee this. The Earl
it this recital, as if awakened from heavy sleep along with his comi^anions struck
;heir breasts, and found that the prophecies of Thomas were become more than
jrobable.
Shortly after Alexander's death, six guardians were ap-
pointed, whereof the three for the part benorth the Forth
weve the Bishop of St Andrews, the Earl of Fife, and the
Earl of Buchan, who for a time conducted affairs successfully.
By and bye it was agreed, with the unanimous consent of
England, Scotland, and Norway, that Margaret the Maiden
should marry, when she attained the age of fifteen, the King
^{ England's son. Edward attempted almost immediately
to interfere in Scottish affairs, but he had no reasonable
excuse for doing so.
Meantime Queen Margaret, who had never been strong,
was, on her journey to Scotland, taken ill, and landing in
Orkney, died theie in the month of September 1290, in the
eighth year of her age.
No provision having been made for regulating the suc-
cession, the country was instantly divided into factions, the
two strongest being the supporters of Baliol and Bruce.
The death of Margaret, de facia, had put Edward I. out of
the field altogether, but unfortunately an opportunity was
given him of interfering in the affairs of Scotlajid, which he
instantly took advantage of, and one step leadiiag to another,
lie at length determined on the complete subjugation of the
42 INVERNESSIANA.
country, and almost succeeded. As this first opportunity
for interference arose in part from the men of Moray, we
have in those papers introduced the matter as not irrelevant
to the general design. The Bishop of St Andrews and John
Comyn of Badenoch, two of the guardians of Scotland,
having usurped the whole authority, allowed, it would
appear, a system x)f robhery and slaughter to be carried on
against the men of Moray. In consequence of this, and
early in the year 1291, an appeal in name of Donald, Earl
of Mar, one of the seven Earls of Scotland, and of the men
of Moray, was lodged with Edward, which is hereafter given.
There were three appeals or protests taken in the presence
of the two Regents, and were recorded together, viz. : —
1. An appeal for the seven Earls of Scotland, of whom
Duncan, son of the late Earl of Fife, was one.
2. The appeal for the Earl of Mar and all the King of
Scotland's freemen of Moray, and
3. An appeal for Bruce, that his claims to the Crown
were in danger of being disregarded in favour of Baliol.
It is unnecessary to detail the various usurping acts of
Edward, but it is intended in subsequent chapters to give
some extracts connected with Inverness while under English
yoke.
Follows the copy appeal and protest, the blanks being in
the principal illegible : —
Since ye Lord William, Bishop of St Andrews, and Lord John Cumyn, who
conduct and regard yourselves, as guardians of the Kingdom of Scotland, for
upholding and defending its approved laws, liberties, and customs have
made and of your own authority substituted others as your deputies, for whose
substitution no authority or power was given you by the nobles, magnates, and
community of the Kingdom of Scotland ; And since these deputies your substi-
tutes came to the territory of Moray, which is under the immediate government
of the King of Scotland, and with the authority and i^ower committed them by
you, have there destroyed and plundered the lands and towns of the free men of
the Lord the King of Scotland, ' burnt the said towns and their barns Jfull
of corn, carried away with them all the property of the said men of Moray, and
cruelly killed as many men, women, and little children as they could come
at : and as for these losses, injuries and sore troubles no amends have been made
by you or by your dex^uties : "Wherefore, because of your failure (to
make amends), and the injury inflicted upon the foresaid men of Moray by your
deputies, I, in your presence, as (Procurator) appointed in room and name of
Lord Donald Earl of Mar, one of the seven Earls of Scotland and also in name
of the foresaid free men of Moray, their kinsmen, relations and connections, and
other friends, and of those of the foresaid Lord the Earl of JMar, who have
suffered said injuries, losses, and conflagrations, in order to obtain relief and
procure reparation from you Lord "William, Bishop of St Andrews, and John
Cumyn, and from all your adherents on account of your failure, AND BECAUSE
ye i^ermitted foresaid losses, injuries, and conflagrations to pass with impunity
and uncorrected, SUMMON you in this writing to the i^resence of Lord Edward,
King of England, and to the royal Crown of England, and appeal to the presence
of the said Lord King of England : PLACING the foresaid Lord Donald, Earl of
Mar, all his kinsmen, relations, friends, and adherents, and also the Lord Iving's
foresaid men of Moray, and all their property, moveable and immoveable,
wheresoever they shall be found, under the special j)eace, j)rotection, and defence
of the foresaid Lord King of England and his royal crown, that ye may not do
1
INVERNESSIANA. 43
or in any way presume to do them or any of them any further loss, or injury
damage. Lord William, Bishop of St Andrews, and Lord John Cumyn,
who regard yourselves as guardians of the Kingdom of Scotland, since for all the
losses, injuries and troubles done to the foresaid Earl of Mar, and to his
adherents, his foresaitl friends of Moray, from the time of the death of Lord
Alex. of happy memory King of Scotland, even to the present time
by you and your bailies and because of your remissness
ye have not taken care to make amends or give satisfaction (for all these
things done) by you Lord William, Bishop of St Andrews, and Lord John
Cumyn, and by all your adherents, I again in this writing summon you, to the
presence of the foi'esaid Lord King of England, and to his royal Crown.
XVIII.
DURING THE TROUBLES FROM 1290 to 1306.
PART FIRST.
For this period information must be obtained from English
sources. These are by no means exhausted, and it is pro-
bable that many of the older Scottish muniments are yet in
existence.
In 1293, among the numerous documents handed over by
Edward T. to Baliol, being extent rolls of the Royal demesnes,
accounts of the Sheriffs north of the Forth, &c., are Litter a \
hurgens de Inuirnis, that is — letters quitclaiming all debts due ^
by the burgh.
Upon the 11th June 1291, the executive government and
royal fortresses were delivered over to Edward, and of the
twenty-three fortresses so delivered, that of Inverness was
one. In the month of July commissioners were appointed
for swearing in Crown officers, and receiving fealty and
allegiance from the people. The castellan of Inverness and
the Earl of Sutherland were appointed to administer oaths
at Inverness.
Upon 26th October 1291 the Bishop of Caithness has an
order for oaks in these terms : —
The King and Lord Superior of the kingdom of Scotland, to his beloved
and faithful Alexander Comyn, keeper of the wood of Ternway in Moray,
greeting — Since for the souls of Alexander, of hajipy mem^ory, late King of
Scotland, lately deceased, and of Margaret, late Queen of the said Kingdom of
Scotland, his consort and our sister, we have given to the venerable father
A , Bishop of Caithness, Chancellor of Scotland, 40 oaks suitable for the
building of his Cathedral Church of Caithness, we command you that you
cause give to the foresaid Bishop, for the building of the above-mentioned
Church, 40 oaks of the kind required, from foresaid wood.
In January 1292, Nicholas de Colle, merchant of Lucca,
receives an assignment of the arrears of revenue in Scotland.
The amount due by the Burgesses of Inverness being £23 6s 8d
44 INVERNESSIANA.
was to be paid to the said Nicholas eight days before the
feast of the purification of St Mary next to come (2d Feb.)
In the same year, William de Braytoft was governor of the
Castles of Inverness and Dingwall^ and on the 18th Novem-
ber is commanded to deliver these Castles to Baliol. On
the 16th December 1292, Reginald le Chen, junior, and Sir
Robert de Cameron, are each awarded 50 merks of pension
in these terms : —
The King and Lord Superior of the Kingdom of Scotland to his beloved
burgesses of Inernish ;, Greeting: Know that of the twenty -four pounds in which
ye are held in arrears to- us of yowr accoun^t for the rents of the foresaid town,
we have assigned to our beloved Reginald le Chen the younger, and Robert d&
Chaumbrovin de Balgligernaucht (Baligarny, near Scone), 100 merks, viz. :: — To
each of them 50 merks, to be paid by your hands on the day which will be agreed
upon betwixt you and them for their feu for the two years and a half last past,
which feu the said Reginald and Robert were wont to be paid yearly according to
the concession of Alexander of happy memory,lateKingof Scotland now deceased ;
And therefore we command you that ye cause payment to be made in foresaid
form, to the said Reginald and Robert of the said 100 merks ; And we will that
these be credited to you in foresaid arrears, for we have commanded our beloved
and faithfvd John, illustrious King of Scotland, to allow you to levy and collect,
freely and without hindrance, your foresaid arrears of rents with. whicL ye are
charged in your foresaid account.
In 1296 William de la Haye, said to be ancestor of Locb
Loy, was Sheriff of Inverness, and to him as such William
de Mohault on 21st December submits to Edward I. Being
done at Inverness, and as a specimen of numerous other
submissions, it is here given : —
William de Monte Alto, Greeting, in the Lordr To all the faithful of the
Lord who shall see or hear of these letters : Know that we for ourselves, our
followers and goods have Goma on. the Tusesday next before the feast of the
translation of St Thomas, Bishop and Martyr (21 Dec.) in the year of the Lord
1296, at Inverness, under the peace and j)leasure of our Loi'd Edward, King
of England, to the Lord W. de Haye, acting in his name ; In testimony of
which matter, we have given these our letters patent to the said Lord W.
Given day, place, and year foresaids
XIX.
DURING THE TROUBLES FROM 1290 TO 1306,
PART SECOND.
Baliol having pronounced judgment against Macduff^
grand-uncle of Duncan, Earl of Fife, then a minor, in a
matter of some importance — Macdufl: appealed to Edward,
who issued the following protection 7th June 1292 : —
The King to his beloved Stephen de Glynwhym ; Greeting : Since Blacduff,
son of Malcolm, late Earl of Fife, who from the hearing of the Court of our
beloved and faithful John, illustrious King of Scotland, has appealed to us,
from lack of justice and unjust judgment, and has urgently begged, that being
INVERNESSIANA. 45
ill consequence of foresaid appeal under our care, we should grant him our special
protection ; and as it is just that appellants pending their appeals be defended in
their right, we command you to guard and protect the foresaid Macduff with
his household, gear, and property, from injuries and violence of every kind,
as he is, pending said appeal before us, releas-ed as to all things from the
jurisdiction of said King and his people. Moreover, we command all our sub-
jects to obey and observe you in the premises and matters belonging thereto.
Step by step this was followed np until Edward took
possession of Scotland by force. In 1296, with great policy,
he ordered that their lands be restored to abbots, priors, and
other churchmen. Letters patent were accordingly directed
to the different Sheriffs. Amongst others —
(1) Master Henricus de Banff', Chancellor of the Church
of Moray, has letters to the Sheriff of Inverness.
(2) The Master of the Knights Templars obtains letters
to various Sheriffs, including those of Inverness, Cromarty
Dingwall, and Nairn.
(3) The Master of the Hospital of St John of Jerusalem
in Scotland, obtains letters upon the towns of Inverness,
Dingwall, and others.
(4) The Abbot of Scone obtains letters to the Sheriff of
Inverness ; and
(5) William de Kinghorn, Parson of the Church of Kil-
tearn, obtains letters to the said Sheriff.
Ordinances were passed in favour of the wives of captives,
and for the restoration of lands held by sub-tenants and
others, thus : — Eva, wife of Alexander Comyn, of Badenoch,
is allowed the sum of 30 merks yearly from the proceeds of
her own and her husband's lands, of the King's " special
favour for her support and that of her children." The
Countess of Ross in like manner is allowed £100. These
grants are dated 4th September 1296.
Upon the 8th of September, on the application of Patrick
Earl of March and others for the restoration to said lords of
the lands of their immediate tenants, Sheriffs are commanded
to restore the lands and possessions of the immediate tenants
of certain lords and others who had come under the peace
of Edward, and to retain the possessions of such as were
still in captivity. Ingelramus de Gaynes has letters patent
to this purport to the Sheriff of Inverness, &c.
Upon the 10th of September 1296 the following was
issued : —
It is commanded to all and sundry the men of John Comyn of Badenoch and
Lochaber, by the faith and love in which they are firmly bound to the King j
that to the said Earl (the Earl of Surrey, G-aardian of Scotland) as Guardian
of the King's Castles, fortalices, islands, lands, and tenements foresaid, in all
things which pertain to that Guardianship, with galleys and all means of
navigation in their power — they be obedient, submissive, advising, and helping,
as often and whenever they shall be required by the said Earl on the part of
the King for that purpose, and that they so demean themselves in the premises
that he can deservedly commend their diligent fidelity to the King,
46 INVERNESSIANA.
Upon the 7tli March 1297 the payment of the pensions of
the Friars of Inverness are included in the following order : —
The King to his beloved and faithful John de Warenne, Earl of Surrey,
his Guardian of the Kingdom and territory of Scotland ; Greeting : We com-
tnand you that ye search in the Rolls of Accounts of the times of Alexander and
John, late Kings of Scotland, for the rents of the towns of Berwick, Edinburgh,
Stirling, Glasgow, Ayr, Wigton, Perth, Aberdeen, Montrose, Elgir, and Inver-
ness, to give to our beloved brethren in Christ of the order of Predicatores
dwelling in these towns, such sums of the rents of said towns for this year,
of our charity and special favour, as they by the rolls of said accounts from the
time of the foresaid John, appear to you yearly to have received, and to have
been allowed in the rendering of the accounts of the rents of the said towns by
the favour and charity of Alexander, late King of Scotland, and of the foresaid
John.
In 1305 in an ordinance for the stability of Scotland, the
following are nominated Justices for the land beyond the
Mountains (Us terres de la les monies)'. — Reginald le Chien;
Johan de Yaux, Earl of Northumberland; and Johan de
Estrivelyn is nominated Sheriff of Inverness. In the same
year, from Breviates of the Petitions or Requests presented
to the King for lands or preferment in Scotland, the follow-
ing two are selected — Oliver Avenel petitions for the lands
of John de la Haye, in the County of Inverness, which lands
the King had given him at the late war. Cristyn del Arde,
wife of Hugh de Ross, petitions for the lands of Sir Lawrence
de Strathbolgy in Sutherland and Caithness, as also the
lands of Alisandre Pilche, Burgess of Inverness.
Upon this name, which is frequently referred to in the
older titles belonging to the Burgh, some remarks will be
made in our next.
XX.
DURING THE TROUBLES FROM 1290 TO 1306.
PART THIRD.
Patricius Pylche is one of the inquest regarding the death
of the ancestor of Patricius de Blanthyre in 1263.
During the reign of Robert Bruce, and immediately pre-
ceding years, Alexander Pylche was one of the principal
men of Inverness, and the first of the name found on record
in the north. From the Chamberlain's Rolls, the following
extract is made : —
Account ot Alexander Pylche, Sheriff of Inverness, rendered at Scone the 7th
day of June, in the year of grace 1328, of the contribution imposed for the
preservation of peace. First, he charges himself with £95 12s 63d for foresaid
contribution levied from all lands within his jurisdiction, except that levied
INVERNESSIANA. 47
from the Earl of Moray and his tenants ; and with £90 12s 6^d for the contribution
levied from the lands of the said Earl and his tenants within said jurisdiction
for the same period. The amount of his receipts are £186 5s Id. From which
there are allocated of the account in part for the collecting of foresaid contribu-
tion 32s. And so he owes £184 13s Id.
Again, in 1342, William Ballock, the Chamberlain of
Scotland, charges himself with 32s received from the Provost
of the burgh of Inverness, for the account of William de
Ross, and with £6 13s 4d from the Provost of said burgh,
for the account of Alexander Pylche.
Alanus de Pylche, probably Alexander's son, appears as
Sheriff- Substitute of Inverness in 1328.
The property, of Alexander Pylche would appear to have
been considerable. He had lands at Direbught, in Church
Street, in Bridge Street, and in the East Gate. The name
of another of the family occurs frequently in old charters —
— viz., that of Sir William Pylche, who was living in 1360,
and may also have been son of Alexander By a deed of
1443, a feu of 2s is referred to, as payable from a particate
of land on the east side of Church Street, to the heirs of
William Pylche, Lord of Gartly. In another of 1453, the
granter is Mariota, daughter of the late Alexander Pylche
burgess of Inverness, with consent of John Pratt, her
husband, the subjects conveyed being a part of Castle Hill.
In 1455 Agnes, also a daughter of Alexander Pylche, con-
veys subjects in the East Gate of Inverness. The position
of the property in Bridge Street of Sir William Pylche, on
the south side thereof, may be inferred with precision, for
the one adjoining to it is described as to the west, stretching
to the river Ness. Lastly, in 1458, a deed is granted by a
lady styling herself Elizabeth Pylche, daughter and one of
the heiresses of William Pylche, dominus de Cidcahock. The
name is found still later.
The family of Comyn became very powerful in the reign
of Alexander III. and subsequent years. In the North
nothing escaped their grasp, and among other families who
for the time succumbed to their encroachments, was that of
Mackintosh. The Mackintoshes continued keepers of the
Castle of Inverness until 1271, when Ferchard, fifth chief,
died, leaving an only child, Angus, of tender years. Fer-
chard's father, Shaw, had obtained liothiemurchus, as also
the lands of Meikle Geddes and Pate ; and until Shaw's
death Ferchard lived in Badenoch, and was styled sometimes
Ferchard, son of Shaw, sometimes Ferchard, Seneschall of
Badenoch. Supported by the English faction, the Comyns,
in the minority of Angus Mackintosh, not only took posses-
sion of Geddes and Rate, but also of the Castle of Inverness,
~>
> -J-
48 INVERNESSIANA.
and the connection of the Mackintoshes with the locality
was for a time thus broken. This apparent ill-fortune
ultimately tended to the establishment of the family of
Mackintosh on an enduring basis ; for Angus Mackintosh,
being brought up with his maternal grandfather, Macdonald
of the Isles, was thrown into the society of Eva, heiress of
Clan Chattan. They were married in 1292, she bringing to
her husband the great estate of Glen Lui and Loch Arkaig.
They lived for many years at Tor Castle, the principal
residence of the chiefs of the ancient Clan Chattan. Tor
Castle erected by Gillicattan Mor in the eleventh century,
is a picturesque ruin, strongly placed on a high rock over-
hanging the river Lochy, where in its course it abruptly
forms an angle.*
The Mackintoshes now hold in their Crown charters the
title of Seneschall of Lochaber, and as showing the antiquity
of the office there is here quoted a deed, dated in 1234,
wherein one of the witnesses is Edward, Seneschall of
Lochaber. Though partly dislodged from their original
estate, the family of Mackintosh have still a considerable
stake in Brae Lochaber. Follows the agreement : —
AaREEMENT BETWEEN THE CHAPTER OF THE CHURCH OP MORAY, AND ALEXANDER
DE STRYVELINE, REGARDING A HALP DAVOCH LAND OP DEVETH (DAVIOT).
This is the agreement made between the Chapter of the Church of Moray of
the one part, and the noble person Alexander de Stryveline of the other, viz.,
That the foresaid Alexander and his heirs if he any have, by his wife, viz,, the
daughter of that noble person Freskyn de Kerdal of happy memory, shall hold
in feu farm of the foresaid chapter, the half davoch of land which they have at
Deveth, and which belongs to the Church at the same place. Giving therefor to
the foresaid Chapter for its common table yearly two merks for every service, and
demand pertaining to foresaid Chapter, viz, , the one-half at Pentecost and the
other half at the feast of St Martin in winter next following, and performing the
military service attached to foresaid lands. And as often as either shall con-
travene foresaid agreement he shall in name of penalty give for the use of the
fabric of the Cathedral Church 20s, the agreement, however, shall continue and
be observed for ever. And for the stable and undoubted testimony of the pre-
mises to that part of this writins; done in mode of Chirograph, which will remain
in the possession of the foresaid noble person Alexander, is affixed the Seal of
the Chapter of Moray, along with the Seal of Lord Andrew, Bishop of Moray, with
the subscription of the Canons. And to that jDart which will remain in the
IDOssession of the Chapter of Moray, is appended the Seal of the before named
noble person Alexander de Stryveline, along with the Seal of the nobleman. Lord
Walter Comyn, Earl of Menteath, with the testimony of those who were engaged,
viz.. Lord F. Earl of Ross, and Lord M. de Alto Monte, Sheriff of Inverness ;
William Prath, Alexander Ruffi, Merlesweyn, barons ; Fercard, Seneschall of
Badenoch, Edward, Seneschall of Lochaber, John and John, clerics of the
Bishop, and others. Done in the year of G-race 1234."
This deed is closely connected with the Mackintoshes.
The present chief is the direct descendant of Ferchard, the
* In consequence of its old connection with the family of Mackintosh, three
of whose chiefs selected as their title that of *' Mackintosh of Tor Castle," and
to gratify a whim of the writer, Mr Rliind of Inverness, who visited the spot
with him in the summer of 1871, took measurements of, and projecting the ruins,
framed the accompanying sketch, indicating Tor Castle as in 1292.
INVERNESSIANA. 49
Seneschall of Badenoch, one of the witnesses ; he holds the
title of Edward, Seneschall of Lochaber, another of the
witnesses ; and is owner of the lands referred to in the deed.
Though long incorporated with a large farm, there are people
living who can point out Ach-na-heglash or Kirktown of
Daviot.
Angus Mackintosh, who materially assisted Bruce, was
not restored to his paternal estate — indeed it is said that
Bruce demolished the Castle of Inverness — but he was
recompensed by other lands. The feud with the Comyns was
not settled until 1442, and then, so far as regarded them
and the lands of Geddes and Kate, in a highly tragic way.
The family of Huntly were then rising into power in the
north, and Alexander, Lord Gordon, granted to Mackintosh
a charter of these lands, still extant, on the 5th of October
1442. Going, as the Mackintoshes supposed, to take peace-
able possession in virtue of this right, and accepting the
Comyns' invitation to the banquet, the feud was terminated
in the manner narrated in the Statistical Account of the
parish of Croy and Dal cross. The stone to which one of
the Comyns affected to address himself; behind which one
of the Mackintoshes listened, and received the warning
which turned the tables, and proved fatal to the would-be
murderers, has ever since this period, and is up to the present
day, regarded with interest by the house of Mackintosh.
I
XXI.
ROBERT BRUOB. 1306-1329. PART FIRST.
So soon as fairly established on the throne, Bruce turned
his attention to the settlement of all differences and ques-
tions with Norway. As formerly noticed, the agreement
made by Alexander III. was ratified ; and at Inverness in
November 1312, the adjustment was made between the
kings of Scotland and Norway after quoted, of the mischief
caused bjC"evil_doers^ as they are styled. Master Roger,
of Inverness7~Chancellor of Moray, appears to have been
engaged in all northern affairs of importance. King
Robert, it will be observed, agreed to pay 600 merks in full
of all claims for the Orkney affairs. On the other hand,
satisfaction was given, inter alia, to the unhappy burgesses
of St Andrews, whose goods, amounting to £600 value, were
G
50 INVERNESSIA.NA.
seized, their persons imprisoned, and who, in the pathetic
language of the deed, '' had, after long imprisonment, and
many other difficulties, returned home empty." This last
word though simple is full of significance.
Follows the memorandum between the kings of Scotland
and [Norway, dated at Inverness, November 1312 : —
Blemorandum that in the year of the Lord 1312, on the Sunday next after the
feast of All Saints (Nov. 1.) at Inverness in Scotland. The Most Serene Prince
Lord Haquin Fifth, by the Grace of God King of Norway, by his procurators and
special ambassadors. Lord Bernerus de Berkerey his baron, and Ivarus son of
Olaus, Canon of the Churches of Bergen and Orkney on the one part ; and
Robert by the like Grace, King of Scots, personally on the other part, met to
treat harmoniously regarding certain injuries and matters of discords between
said Kings, the kingdoms and inhabitants of their kingdoms, which had arisen
and were committed, and to allay, remove, reform, and correct the same-
mutually. At which day and place the procurators and Ambassadors of the
Lord King of Norway foresaid in name of the said King and his subjects whose
interest it concerned, sought that amends be made amicably, and obtained
for certain injuries, losses, and troubles inflicted and perpetrated upon the
subjects of the said Lord King of Norway, and their possessions within their
own lands of Orkney and Zetland, by certain evil doers from the said kingdom
of Scotland, both by invasion of the said lands of Orkney, and by the capture
of the nobleman Lord Bernerus Peff, Knight, Seneschall depute of the said Lord
King of Norway in those parts, who, though his own property was taken and
carried off by them, had of necessity to redeem his life out of the hands of the
evil doers, with the rents of the said Lord King, which after collecting and
levying in the foresaid parts at the time, he had in his x)Ossession. The said
Lord King of Scotland though he knew himself to be ignorant of the crime
perpetrated after this manner, and of the losses inflicted, and to be entirely free
of it, yet after having heard the ambassadors, from reverence for the said Lord
King of Norway, he declared that the matter was clearly worthy of belief, nor
did they hear anything else by report in the foresaid parts. Wherefore, for the
sake of the peace entered into between the kingdoms of Norway and Scotland
in times past, and to cherish in future a greater love, he agreed to give to the
said ambassadors, in name of the said Lord King of Norway, for the losses
inflicted in Orkney by the foresaid evil doers, six hundred merks sterling, to
be paid to them in reckoned money in the Church of St Magnus in Orkney —
which sum of money, so promised for said losses, the said procurators and
ambassadors, in name of their said Lord, and their own, freely with consent, and
unanimously, agreed to receive in iDayment, freeing the said Lord King of
Scotland, his kingdom, and subjects for ever of^all obligation and action because
of any kind or hurt done to the said king of Norway, his kingdom, or subjects,
— so that if the losses incurred shall in any way extend beyond the sum of six
hundred merks, they acknowledge by these presents that they have wholly
conceded that, leaving the punishment of said malefactors and their deserts
entirely to the pleasure of the foresaid King of Scotland ; — the amends to be
made for the losses sustained in Zetland, by consent of said ambassadors, remain
in suspense until it shall clearly a]3pear what the extent is, after faithful
investigation be made by said ambassadors, and when the foresaid Lord King of
Scotland shall be sufiiciently informed concerning said losses, he will cause
reasonable amends to be made for the same. Also, on the part of the said Lord
King of Scotland and his subjects, satisfaction was sought and granted in his
presence for the imprisonment of his burgesses and merchants of the city of
St Andrews in Scotland, who in no way committed offence against the said
Lord King of Norway or his subjects, and for the capture of their goods in
the kingdom of Norway by the ofiicers and servants of the said Lord King of
Norway while they were in his kingdom, which property amounts to the sum
of six hundred pounds sterling, and of which pro^jerty the foresaid merchants
were not able to obtain restoration, but, after long imprisonment, and many
other difficulties, they returned home emj)ty. Likewise there was sought
satisfaction and amends for the capture, punishment, and binding in fetters
of Patricius de Monte Alto, Knight of the said King of Scotland, and for the
spoliation of his goods in the land of Orkney, by the Bailie of the Lord King of
Norway, and the said Patricius, so detained in chains, was obliged to release
INVERNESSIANA. 51
himself from chains and save his life by payment of forty merks sterling. And
said ambassadors, considering the friendly reply of the said Lord King of
Scotland, and the reasonable satisfaction made to their jjetitions as was proper,
assembled, and delivered up, in name of their Lord the King of Norway aforesaid,
the goods of the foresaid merchants, taken in the kingdom of Norway, (by the
bailies of the King as said is and detained there to this time) to be restored
and fully surrendered to said merchants or their attorneys. Accordingly, in
any case which occurred before the day of the making of these presents, said
goods, in like case, shall not be cai)tured again, just as if said merchants, with
their goods, while passing over from the kingdom of Norway were turned back,
as if repulsed by tempest. Also, they made amends and restoration for the
injuries inflicted upon, and the losses incurred by Patricius de Monte aforesaid,
sinoe the truth has been discovered by faithful enquiry, in presence of the
subjects of the said Lord King of Scotland to that end deputed. To observe
which all and sundry faithfully, the foresaid Bernerus de Berkereye, and
Ivarus, son of Olaus, procurators and ambassadors of the Lord King of Norway
aforesaid, publicly swore on the soul of the said King and their own ; and the
said Lord King of Scotland, by the venerable father, Lord Ferchard, by the
Grace of God Bishop of Caithness, the nobleman, Lord Magnus, Earl of Caith-
ness, and the discreet man. Master Koger, of Inverness, Chancellor of the Church
of Moray, having a special mandate to this effect, swore publicly on his and their
souls. In testimony of all which the present memorandum made in mode of
indented chirograph, one part of which, remaining in possession of the Lord King
of Norway, is signed with the seal of the said Lord King of Scotland ; and the
other part, remaining in possession of the said Lord King of Scotland, is
signed, for the sake of truth and steadfastness of good faith, with the seals of
the said ambassadors, in the name of their Lord, along with the seals of the
venerable father. Lord William, by the Grace of God Bishop of Orkney, and
of the nobleman, Lord Magnus, Earl of Caithness and Orkney,
XXIL
ROBERT BRUCE. 1306-1329. PART SECOND.
In the great Charter by Bruce to his nephew of the Earl-
dom of Moray, from which parts are hereafter quoted, it
may be observed that the King granted full lieutenancy
and regality — in fact, as much as it was possible to grant.
Randolph thus became not only Earl, but in effect King
of Moray, with full, complete, and sole jurisdiction
within the limits of the province. It is to be noted that
the ancient burghs of Elgin, Forres, and Nairn, which
formerly held of the King, were to some extent deprived of
their former privileges, being ruled in future to hold of the
Earl of Moray and his heirs, thereby undoubtedly lowering
their status. Inverness is, however, excepted.* From it
Randolph is only to draw certain emoluments, the town's
* The following translation of part of the Charter, given in the Second Edition of
Shaw's Moray, is unique : — Salvo etiam nobis, et heredibus nostris, in hac donationa
nostra, hurgo Nostra de Inverness, cum loco Castelli, et terris ad dictum hurgxiyn pertln-
entibus, cum piscatione aquae de Ness, &c., &c. Thus translated — Reserving also
from this our donation, to ourselves and to our heirs, our Citadel of Inverness, with the
ground of the Castle, and the lands pertaining to the said Citadel, with the fishery of
the river Ness, &c., &c.
52 INVERNESSIANA,
liberties and privileges remaining unaltered. The site of
the Castle is also reserved, which would infer that the
building had been demolished during the preceding troubles,
but that it was intended to re-establish a stronghold.
EXTBACTS FROM BRUCe's CHARTER TO RANDOLPH.
After granting full lieutenancy throughout the Province
of Moray, the Charter proceeds : —
Together with our great custom of the burgh of Inverness and with the cocket
therof, with their liberties in all things, excepting onlj- the small custom of said
burgh, witli full power of attaching, accusing and in all administering and judging
all of said Sheriffdom who shall do skaith, hurt, or loss unduly to foresaid
custom, as freely in all things as we or any of our officials might in the i^remises
attach, accuse, administer or judge said transgressors ; and that the said Earl
and his heirs may in future as freely and quietly hold and possess the fines,
escheats, and forfeitures thereto belonging as we or any of our ^predecessors
have at any time held said fines, escheats, or forfeitu.res : Wiierefore we strictly
charge and command our Sheriff of Inverness and his officers, and the Provosts
and officers of said burgh who may for the time be, and others whom it concerns
that they be attending and succouring, advising and assisting in the premises the
foresaid Earl and his heirs foresaid and their officers, our royal power being
invoked in this matter, if it be necessary without any other special mandate of
ours intervening. "We will also and grant that the said Thomas and his heirs
foresaid have, hold, and possess said Earldom with the Manor-house of Elgin,
which we also wish to be held and called as the chief Mansion-house of the
Earldom of Moray, with all other Manor-houses, burghs, towns, thanages, and
all our royal lands, rents, and exits contained within foresaid marches, with
advocations of churches, &c. We also will and grant from us and our heirs that
all barons and free tenants of said Earldom who hold of us and our predecessors
in chief (in capite) and their heirs, shall perform to the said Thomas and his
heirs foresaid, homage, fealty, sxiit, court, and all other services, and shall also
hold their baronies and tenements of him and his heirs foi'esaid, reserving,
however, the barons and free tenants foresaid and their heirs, and the rights
and liberties of their courts in so far as rightly used. "We also will and grant
that the burghs and their burgesses of Elgin, Forres, and Invernarne (Nairn)
have and exercise the same liberties which they had in the time of Lord Alex-
ander King of Scots foresaid and in ours, reserving only this that they held of
us without mediate (Sine medio), and now they hold of the said Earl with said
liberties : Reserving also to us and our heirs in this our donation our burgh of
Inverness with the site (loco) of the Castle and the lands pertaining to said burgh
with the fishing of the Water of Ness, and with the mills of said burgh with the
sequel of said burgh and of the lands belonging to said burgh only.
At page 26 of Robertson's Index, reference is thus made to
Thomas Randolph : — " Carta to Thomas Ranulph, Earl of
Murray, the isle of Man, 100 merks sterling, at Inverness."
He also obtained a charter of the new customs and coquet
of Inverness, to which the foregoing doubtless refers.
The King in 1313 granted a charter to the friars of
Inverness of a yearly gift of £10 sterling in these terms : —
Robert by the Grace of God King of Scots, — To all good men of his whole
realm ; Greeting : Know all present and future, that for the honour of God, and
of the glorious Virgin Mary His mother, and of the blessed Bartholomew, we
have given, granted, and by this our present Charter confirmed to the Preaching
Friars of Inverness, in gift to their Church, £10 sterling yearly, to be paid by
the hands of our Provosts who may for the time be from the rents of our
burgh of Inverness : To be had and held by the said Friars serving, and who in
future may serve God for ever, of us and our heirs in free, pure, and peri^etual
charity; and to be paid yearly by the hands of said Provosts in the Town of
Inverness, from our rents of the Town as is aforesaid, at two tei*ms of the year,
I
INVERNESSIANA. (^S- '
viz. — the one half at the feast of St Martin in the winter, and the other half at the
feast of Pentecost. In testimony of which matter we command our seal to be
appended to this our present Chax"tei\ Witnesses — our beloved brother Edward
de Bruss, Earl of Carrick ; our nephew Thomas Randolph, Earl of Moray ; John
de Menteith, Kobert de Keith, our Mareschall of Scotland, Gilbert de Haya,
find Henry de Saint Clair, Knights : At Dundee, the twenty-first day of the
month of October, in the eighth year of our reign (1313.)
Churchmen did not always agree among themselves, and
amongst others the house of Pluscarden seem to have dis-
owned the authority of the Bishop of Moray. They were,
however, brought to confess their errors. For, on the 20th
October 1345, there met in the chapter-house of the Cathe-
dral Church of Moray, Lords John and Richard, Bishops of
Moray and Dunkeld, the Dean and Chapter of Moray, and
others, before whom William of Inverness and Adam Young,
monks of the house of the vale of St Andrew of Pluscardy,
of their own accord confessed under pain of excommunica-
tion ; and acknowledged that the Bishops of Moray had,
have, hold, and exercised visitation and correction as often
as it seemed expedient to them, and that they also have
power to appoint and remove priors and friars in said house.
The witnesses to the document, which is entitled '' Eegard-
ing the Visitation of the House of Pluscardyn," are the
above reverend fathers, and among others John of Inverness,
Chancellor and official of Moray. Thomas John Boner, of
the diocese of Ross, acts as notary, by virtue of apostolic
and imperial authority.
XXIII.
ROBERT BRUCE. 1306-1329, PART THIRD.
In the year 1325, Robert directs a precept to the Sheriff
of Inverness, to do full and speedy justice at the suit of the
burgesses of Inverness, against all invading their privileges,
by buying and selling in prejudice of them and the liberties
of the burgh. Mr Roger of Inverness, clericus, in this
reign, receives a charter of the lands of Fintray and Balmaly,
in Buchan. There is also a memorandum of complaint
lodged against the Sheriff of Inverness, by Simon Fraser and
Margaret his wife.
It was observed in the preceding chapter that Randolph
bad plenary power in the province of Moray. It is men-
tioned in the Scoti-chronicon " that he (Randolph) continued
INVERNESSIANA.
on in his course dispensing justice even to Inverness, where
it was told the Judge that a certain person lately returned
from the Court of Rome, had been found by chance in the
court of justice, who was arrested for the slaughter of a
priest, and accused of spilling the blood of a loyal subject.
Although it was sufficiently shown he was absolved from
the crime, yet it was necessary that he should be punished
for the offence, and by a punishment so much the more
severe, as he was not afraid to have laid sacrilegious hands
upon the anointed (priest) of the Lord. The murderer of
the priest is accordingly destroyed, his blood is returned
upon his own hand, and the justice of the just judge is
extolled on all hands."
The historian adds — '^ And neither is it a wonderful
matter if a secular judge avenges the murder of a priest,
since even an ecclesiastical judge punishes this crime. For
we read that in the diocese of Moray, a certain knight slew
a priest, and immediately sought to be absolved by his
ordinary, John, Bishop de Molendinis. The Bishop, how-
ever, knowing that a case of this kind should be reserved
for his Apostolic superior, sent him to the Court of Rome,
where he obtained absolution ; and on his return he brought
a letter to the Bishop, setting forth that he had been
absolved, and nothing remained but that the Bishop should
enjoin him a salutary penance. He (the Bishop) gave him
permission to die in prison, testifying in this way, before
God and men, that he inflicted a salutary penance upon him
for his crime."
Prior to this period, there were but few charters, and the
answer of the barons to the King, that their swords were
their rights, was doubly true. In the reign of David II.,
however, and especially after his return from captivity, the
charters and records become so numerous, that in place of
painfully searching for any documents whatever, in a reign,
it will now be necessary to make selections. Very many
writs, dating from 1365 to 1500 remain, which illustrate in
a great measure the holding of property within the burgh
and its territory.
In the reign of Robert Bruce, in all probability, lived the
last in the male line of the proprietors of Auld Castlehill,
but his surname is, so far as we are aware, unknown. Where
the names of the burgesses of Inverness are given, prior to
David II., it is only their Christian names, for instance —
in an agreement between the Bishop of Ross and John
Byzett regarding the church and lands of Kiltarlity, one of
the witnesses is Peter, burgess of Inverness. This deed is
INVERNESSIANA.
dated in 1226. The two sisters, heiresses of the Auld (^yVi^v^^^
Castle, appear in the reign of David II. , and were named /.^/u-L ■
Susanna and Edua. That one of these married a Cuthbert, '^-^■^^'^
through whom that family acquired Castlehill about 1368, A^v^
has hitherto been generally considered correct. If, however,
this were so, the male line again failed about a century later,
for we find betwixt the years 1440 and 1456 frequent men-
tion made of Donald of the Auld Castle, who is witness to j
many deeds. No surname is given to him, and in 1458 a j
deed is found bearing to be granted by Elena Guys (Gray ?), \
lady of Auld Castle, with consent of Thomas Gray, her i
husband, wherein she refers to her predecessor and uncle, -i
Donald of the Auld Castle. !
In the brieve granted by James VII., in the year 1686, to
satisfy the descent from gentle blood of the French Minister, I
Colbert, the latter traces himself thus : — Edward, his seventh '
progenitor, in a right line, settled in France ; being a son of
Edward, younger son of Castlehill, his mother being Mar-
garet Lindsay of Edzell. The grandfather of Edward who
settled in France was George Cuthbert of Castlehill, married i
to Marjory Rose of Kilravock. George was son of James of -^
Castlehill by Joan Eraser of Foyers. James was son of
George of Castlehill by Catherine Dunbar of Tarbat. I
George was son of James Cuthbert, baron of Castlehill, and
Lady Elizabeth Lyon of Glammis, a descendant of the Lord
Glammis, son-in-law of Robert II. ■
With this James the pedigree commences abruptly, and
it is matter of regret that it cannot be cleared up satis-
factorily how or when the Cuthberts acquired Castlehill. I
That they had an extraordinary hold in the burgh and i
neighbourhood betwixt the years 1550 and 1700 is un- I
doubted, and we conclude this chapter by giving the i
declaration of the buro^h of Inverness ao:ainst the Cove- :
nanters, which all public bodies emitted upon the restoration j
of 1660, in illustration of their number and position in the '
Council at that period —
We do sincerely affirm and declare that we judge it unlawful to subjects upon
pretence of reformation or other pretence whatsoever, to enter into leagues and
covenants, or take up arms against the King or those commissionated by him.
And that all these gatherings, convocations, petitions, protestations, and erect-
ing and keeinng of councel tables, that were used in the beginning and for the j
carrying on of the late troubles were unlawful and seditious ; and particularly that '
these oaths whereof the one was commonly called the National Covenant (as it was
sworn and explained in the year One Thousand Six Hundred and Thirty-Eight and
thereafter), and the other intituled A Solemn League and Covenant, were and I
are in themselves unlawful oaths, and were taken by and imposed upon the sub- '
jects in this kingdom against the fundamental laws and liberties of the same.
And that there lyeth no obligation upon me or any of the subjects from the said .
oaths or either ot them to endeavour any change or alteration of the Govern- |
56 INVERNESSIANA.
ment, either in Church or State, as it is now established by the laws of the
Kingdom.
Signed— Al. Cuthbert, Provost of Inverness ; John Lockhart, bailie ; John
Hepburne, bailie ; A, Fraser, bailie ; Jo. Cuthbert, bailie ; Kobert Bailzie, Dean
of Gruild ; William Baillie, treasurer ; Jo. Cuthbert, Counseller ; John Poison,
Counseller ; William Eobertson, Counseller ; Alex. Grant, Counseller ; Jo.
Cowy, Counseller ; Robert Chapman, Counseller ; James Cuthbert, Counseller ;
R. Rose, Counseller ; A. Rose, Counseller ; Jas. Cuthbert, clerk.
XXIV.
DAVID II. 1329-1370. PART FIRST.
One of the first deeds in this reign, connected with
Inverness and its neighbourhood, is a charter dated at the
Castle of Urquhart, on the 4th of July 1342, granted by
William, Earl of Ross, in favour of Reginald, son of
Roderick of the Isles, of ten davochs of land in Kennetal,
lying, it is said, in the county of Argyle. The gather-
ing in the Castle was important, as the following are
described as witnesses : — The Venerable Fathers in Christ
Lords John and Roger, by the grace of God, Bishops of
Moray and Ross; Robert de Lauder, James de Kerdale,
and William de Mowbray, Knights ; Sir Thomas de Lichton,
Canon of Moray, John de Barclay, Adam de Urcharde, John
Young de Dyngwall, and many others, cleric and laic. This
charter is confirmed by King David in the year 1344.
William, last of the Earls of Ross of the original line,
granted two charters of two davochs of land — viz.. South
Kinrara and Dalnavert, in Badenoch, in favour of Malmoran
of Glencharny. The first is without date, but the above
William de Mowbray, and John de Barclay, are witnesses.
The second charter is dated at Nairn the 22d day of Novem-
ber 1338. Nearly a century later these charters are for
some object confirmed by Alexander de Yla, Earl of Ross,
great grandson of William, whose confirmation is dated at
Kessock, before these witnesses : — Celestine of the Isles,
his son, John Macleod of Glenelg, Torquil Macleod of the
Lews, John Ross of Balnagown, George Munro of Fowlis,
Nigel Macleod, his Seneschal, Nigel Flemyng, his Secretary,
with many others. There is no date, but it was probably
between 1428 and 1448. In 1497 these lands, which had
meantime been attached to the Barony of Dunachton, passed
on the marriage of the heiress of the Barons Macniven, to
the family of Mackintosh. This Kinrara was styled of old
INVERNESSIANA. 57
Kinrara-na-choille, Kinrara of the woods, a title which it
merits to this day, because of the fine timber which grows
there naturally.
Upon the 31st December 1344, King David grants a
letter in favour of the Burgesses of Inverness, which we
think has never hitherto been noticed. It has neither date
nor witnesses. The letter is in these terms : —
David by the Grace of God, King of Scots, to all good men, his subjects, to
whom these present letters shall come ; Greeting : Know that we have granted
to our Bui'gesses of Inverness, and their heirs, that no Justiciar, or any other
servant of ours, except our Chamberlain, to whom it pertains by office [ex
officio) shall sit in judgment or investigate as to the correction or punishment
of the measures or weights of our said Burgesses of Inverness— the investigation,
correction, and punishment of which we commit for ever to our Chamberlain only
by these presents ; Therefore let all, whose interest it is, know that we com-
mand and order that no one i^resume to harass or annoy our said Burgesses of
Inverness in any way in face of this our grant, under the pain of losing all
that according to our royal laws (regiam majestatem nostram) he might lose:
In testimony of which matter our seal is appended to these presents. Given at
ISTetherdale the last day of December in the year of our reign the sixteenth.
There can now be little doubt that the Parochial Church
of Inverness, dedicated to St Mary, stood within the Chapel
Yard Burial-ground, or that the High Church stands on the
site of the church dedicated to St Michael. During the
reign of David II. frequent donations and sales were made
to the churches and altarages in Inverness, and amongst the
earliest now extant is the following sale by Nicholas, of the
burgh of Forres, to the Altar of the Holy Cross, in the
Parochial Church of St Mary's, dated at Inverness on the
4th day of February 1363 : —
To all who shall see or hear of this charter Nicholaus de fforays, grandson and
heir of Thomas Gryme, late burgess of Inverness ; Greeting in the Lord : Know
that I for the increase of divine worship in lieu of 40s. in reckoned money, paid
by Master Eustachius, now Vicar of Inverness and burgess thereof, and by
me fully received, have sold, given, grantef^, and by this my present charter,
confirmed to God and to the Altar of the Holy Cross, in the Pai-ochial Church
of Inverness, and for the maintenance of a chaplain there, to worship for ever,
one acre of my arable land lying in the upper plain of the old Castle of Inver-
ness, called the Mill -flat, extending in breadth 'twixt the land of the said Holy
Cross at the west on the one part, and the land of John Scott, burgess of the
said burgh of Inverness, at the east on the other, and in length from the high-
way of the mill called the King's, on the south at the head, stretching towards
le Bromybanc to the north at the end : To be held ancl had the said acre of land
with the pertinents by God, and the Altar of the Holy Cross foresaid, and the
chaplain worshipping there, of me and my heirs for ever, freely, quietly, wholly,
and honourably : And I, Nicholaus de fforays aforesaid, and my heirs, shall
warrant, acquit, and for ever defend the said acre of land, with the pertinents
to the foresaid Altar of the Holy Cross, and to the chaplain there who shall for
the time be celebrating divine worship against all men and women : And if
it happens, which God forbid, that I, my heirs, assignees, and others who shall
succeed us by whatsoever title, go against, or impugn this ray pious sale, donation,
and concession, I oblige me, and my heirs, assignees, and all others our s.uccessors
by whatsoever title, in one hundred shillings sterling, to be paid in name of
penalty before any legal steps, towards the fabric of the Cathedral Church of
Elgin; Renouncing hereby all remedy of law, canonical or civil, — this x^resent
Charter, however, to remain for ever in its own strength ; In witness of which
thing my seal is appended to this present Charter, and for the greater security
and evidence of this transaction, I have procured and caused to be appended
H
58 INVERNESSIANA.
to the present Charter the common seal of the Burgh of Inverness, together
■with the seal of the foresaid Master Eustachius, vicar thereof. Given at
Inverness, the fourth day of the month of February, in the year of the incar-
nation of the Lord 13G3. Witnesses — John Scott, John de Coule, Welande
de Scykkhwv (Chishohn), Thomas le Grant, William the Doomster, Thomas
Dyll, Briseus Pyot, Symon, son of Henry, Andrew Chepman, burgess of the said
place of Inverness, and many others.
The acre in question would appear to form part of the
lands of Milnfield, and the deed shows the antiquity of the
name of Kingsmills.
XXV.
DAVID II. 1329-1370. PART SECOND.
John Scot, burgess of Inverness, was a liberal benefactor
of the Church at Inverness in this reiorn. The followino:
deed is entitled, though not quite correctly, " The Founda-
tion of the Chapel, and also of the Chaplaincy of the Blessed
Virgin Mary of Inverness." The two roods in question,
with the house to be built thereon for the chaplain, no
doubt lay at the back of the present wall of the Chapel -
yard, and now form part of the glebe of the second
minister of Inverness : —
To all who shall see or hear of this writ, John Scot, burgess of Inverness,
wishes salvation in the Lord : Let all know that I am bound and by good faith
am more firmly obliged to Sir Ade (Adam) de Narryn, chaplain, and to the
chaplains his successors who may, for the time, be in the chapel of the Blessed
Virgin Mary of Inverness, for the purpose of continually performing their divine
functions, in the sum of a hundred shillings of sterling money, to be received
annually from me and my heirs for ever, at two terras in the year, to wit, the
one half at the feast of Pentecost (Whitsunday), and the other half at the feast
of St Martin in the winter (Martinmas). I also confess that I and my heirs are
bound to build for the said Sir Ade and the chai>lains his successors in time to
come, in the first year of the said Sir Ade's entrance on his duties, a suflScient
dwelling-house upon the two roods of land lying contiguous to the wall of the
burying ground of the foresaid chapel on the eastern side thereof, one of which
roods Matilda Deefe (Dyll ?) presented to the foresaid chapel ; but the second I
and my heirs hold of the Vicar of Inverness who may for the time be, and also
to build a sufiicient fence round about the said dwelling-house and a passage
leading to the same, at the term of the entrance upon oflice of the said Sir Ade,
beginning at the feast of the apostles Philip and James (1st May), of the year of
grace 1362 : To be held and possessed, the foresaid two roods of land, with the
dwelling-house, passage, and pertinents whatsoever, by the said Sir Ade and the
chaplains his successors for ever of me and my heirs, freely, quietly, and peace-
ably ; which two roods of land with the dwelling-house, passage, and their
j)ertinents as said is, I and my heirs sliall warrant and defend to the foresaid
Sir Ade and the chaplains his successors for ever against all mortals : And if it
happen that I or my heirs, which God forbid, fail in the payment of the said
sum of money within the twentieth day after the lapse of any of the above said
terms, or resile in any way whatever from any of the foresaid obKgations to the
hurt of the foresaid Sir Ade, or of his successors, I and they shall give, for
every week during which we shall abstain from making payment of the said
sum of money, two shillings sterling in name of i)euahy, to be devoted
INVERNESSIANA. 59
to the lighting of the Holy Cross of the Cathedral Chinch of Elgin :
And I, John Scot foi'esaid, and my heirs, shall give, we hcing induced thereto
by special affection, every year to the said Sir Ade, for all the term of his life
only, a tit and suitable robe (adorned) with fur, at the feast of St Andrew's
(November 30th) in the winter, to be worn by himself. I have also given up for
uie and my heirs to the said Sir Ade, for the term of his life only, one acre of
my land, lying in the Shypflat (Ship lands), between the land of William, sur-
named "Walkere, at the south on the one side, and my own land on the other
in breadth, and in length between the highway, which is called Scathegat,
and the water of Ness ; And for the observing of the premises, all and each
faithfully, I bind me and my heirs, and all the lands and possessions which we
have, or in time to come may have, within and without the burgh of Inverness :
And, if it happen, which Cod forbid, that I or any one of my heirs con
travene the premises, or any of the premises, or say them nay in any way, we
shall give in name of penalty to the edifice of the Cathedral Church of Elgin,
before the beginning of any lawsuit, one hundred pounds sterling, notwithstand-
ing the present obligation, which shall endure perpetually in its own strength,
and we submit ourselves to the jurisdiction of the Bishop of Moray, and of his
official who may for the time be, that it may be lawful to them or one of them
to compel us more strictly to observe all the premises by every manner of eccle-
siastical censure. In testimony of all which my seal is to these presents
appended ; and for the greater security, I have procured to be appended to these
presents the seal of the venerable father in Chiist, Lord John, by the Grace of
God, Bishoi) of Moray, along with the seal of a discreet man. Master Eustachius,
now vicar of Inverness, Given at Inverness, the 8fch day of the month of
August, in the year of the incarnation of our Lord, 1361.
Members of congregations who delight in presenting their
favourite ministers with Geneva gowns, may take a hint
from the worthy John Scot, who gave the chaplain, at the
beginning of each winter, a robe adorned with fur, which
enabled him not only to make a creditable appearance, but
also protected him against the blasts of winter.
The following by John of Inverness, Chancellor of Moray,
is curious, in respect of its minute directions as to the
keeping up of prayers for the dead, and the avoidance, as it
is termed, of the souls " being long without the wonted aids
of intercession." A time was coming when the wishes
of this devout John, who prayed that God Omni-
potent might visit and protect the conservors of his ordina-
tion, but divine justice strike the violators, were to be
set at nought. In Inverness all the churches, church-yards,
manses, and salaries, were granted to the burgh, burdened
with certain meagre allowances for elemosynary purposes.
Follows John's bequest : —
John of Inverness, Chancellor of the Church of Moray, to all who shall inspect
the present letters ; Greeting, eternal in the Lord : Know all, that since my
Lord John de Moravia, Pantler of Scotland and his heirs, are held obliged to
pay at Elgin yearly for ever to me and my assignees, eight merks sterling as in
his charter made to this effect is more fully contained, I, the foresaid John,
ordain and assign six merks of the foresaid eight merks to be paid ye:\rly for ever
at two terms of the year ; to wit one-half within 15 days after the feast of
Pentecost, and the other half within 15 days after the feast of St Martin in
winter, to a chaplain to worship for ever in behalf of my soul, the souls of my
father and mother, the soul of Lord Andrew de Moravia, of good memory,
father of the foresaid John, and the souls of all the faithful dead, at the
Altar of the Holy Cross in the Church of the. Holy Trinity of Elgin, which
chaplain shall wear a habit in the Church and at all divine hours both day and
night, as shall be held to be that of a chaplain founded in the church for the
60 INVERNESSIA.NA.
fii'st time : Item — I ordain and assign two shillings and eight pence of annual
rent to be paid yearly into the treasury for j)roviding bread, wine, and wax for
the foresaid chaplain ; And I desire that when the foresaid chaplain goes away,
another be appointed in his place as quickly as possible, that the souls foresaid
may not long be without the wonted aids of intercession. Item — I ordain and
assign ten shillings of annual rent together with other ten shillings elsewhere
assigned, to be distributed yearly on the day of my anniversary in the same
manner as distribution is made on the anniversary of Master John de Spaldyng.
Item — I ordain and assign ten shillings of annual rent, to be distributed yearly
on the day of the anniversary of Lord Andrew de Moravia among the chajjlains
and vicars who with distinction are personally engaged in performing the duties
of his funeral rites — the absent and unpunctual are totally exchided. Item —
I ordain two shillings to be paid yearly for ever for the lighting of the Holy
Cross, and two shillings sterling for the lighting of the Blessed Virgin Mary, so
that the church and the holders of said lights may be able yearly on the day of
the anniversary of the foresaid Lord Andrew, when they are performing the
offices of the dead for him, to serve four wax lights burning round his tomb.
May the Grace of God Omnipotent now visit and protect the conservors of this
my present ordination, but let divine justice strike the violators. Amen ! In
testimony of which matter my seal together with the common seal of the chapter
is appended to these presents. Given at the Chanonry of Elgin in the year of
the Lord 1351, the 20th day of the month of April.
John de Moravia, Panetarius (Pantler)* of Scotland,
founded a chaplaincy from the rents of Altirlies and Croy,
under the following circumstances : — Master John of Inver-
ness, before-mentioned, wishing to found and endow a
chaplainship within the Church of Moray, for the good of
his soul, and that of Andrew de Moravia, gave John de
Moravia the sum of 100 merks, so as to provide an annual
rent of eight merks. This shows that the rate then current
was eight per cent. Accordingly John de Moravia acknow-
ledged the money, and granted an obligation as above.
The foregoing deed is the order by Master John of Inverness
for its distribution. The foundation is confirmed two years
afterwards, in 1353, by Thomas de Moravia, younger brother
of John.
From the Taxciones heneficiorum Episcopatus Moraviensis,
compiled in 1350, it would appear that the Deanery of
Inverness consisted of the twenty-four heads after quoted.
The total stipend of the Dean would only amount to about
£80 calculated as of present value : —
1. Stipend of the Dean ...
2. Ckoy ...
3. Stipend of Petty
4. Vicarages of the same
5. ViCAExiGES of BRACHELI
6. Church of Abertarfe
7. Vicarages of the same
8. Church of Dunlichity
9. Daviot
10. Abriachan
11. Dalcross
12. Vicarages of the same
13. Do. of Wardlaw (Kirkhill)
Merks.
120
28
38
4
4
4
15
10
2
18
2
3
* Panetarius (Pantler) the oflacer of the King's Household who takes charge of the
provisions.
INVERNESSIANA.
61
14. KiLTAELITY
15. ChUKCH of INVEENESS...
16. ViCAKAGES of the same
17. Chukch of Even (Barcven, Cawdor?)
18. ViCAEAGES of the same
19. Dalaeossie ...
20. FxVENAWAY (Kirkhill) ...
21. CHUECH of DOEES
22. ViCAEAGES of the same
23. Chuech of Conway ...
24. ViCAEAGES of the same
Marks.
3
40
20
13
4
3
3
24
8
24
4
Summa — 273 pounds, hence tenths £27 6s 4d.
In 1364 the name of John de Hay of Tullybothil appears
as Sherift of Inverness.
XXVI.
DAVID II. 1329-1370. PART THIRD.
As many writings connected with Inverness at this period
refer to pious donations, it is proper to give explanations of
some of the offices and duties performed, in order to enable
the reader the better to understand the objects of the deeds.
The following extract from Shaw contains these explana-
tions, perhaps in as distinct and popular a form as can
be desired : —
Chaplains were those clergy who officiated in chajjels ; and these chapels were
of different kinds.
In parishes of great extent, Chapels of Ease were erected in distant corners
for the conveniency of the aged and infirm, and the rector of the parish main-
tained a curate there to read prayers and sing masses. Vestiges of such chapels
are to be seen in many parishes.
Some chapels were called Free Chapels, which were not dependent on any
parish, but had proper endowments for their own ministers, whose charge was
called "a chaplainry," and the minister " a parochial chaplain."
Generally such chapels as had churches, church-yards, and glebes were, I
think, either Chajpels of Ease or Free Chapels.
Besides these, there were domestic chapels or oratories built near the residence
of great men, in which the domestic chaplain or priest officiated.
Such chapels were at Calder, Kilravock, Boharm, &c.
And almost in every parish there were private chaj)els, one or more, built by
private persons, that masses might be said or sung there for their own souls and
that of the souls of their friends.
Some small salary was mortified for that end, and usually granted to the priest
of the parish.
In the College of Elgin, I find the private Chapels of St John, St Thomas, St
Colin, and the Holy Cross.
The office of saying mass in such chapels was called chantry or chanting
masses. The salary for the priests' officiating, or saying mass at an altar, was
called altarage.
The service performed for the dead, how soon they expired, was the Obit, and
the register of the dead was called obituary.
In the first antiphone of the office of Obit are the words Dirigc nos Domine,
and hence came the Dirge.
62 INVERNESSIANA.
Sir Robert de Chisholm's deed to the Holy Rood is after
quoted. It is in beautiful preservation with Sir Robert's seal
fresh and entire. The proceedings of a court held by Sir
Robert are also given.
There appear to have been two Sir Roberts — father and
son. The second Sir Robert Chisholm's issue in male
descent shortly failed. The present family of Chisholm are
descended of Alexander Chisholm, second son of the first
Sir Robert, who married Margaret of the Ard, and as por-
tion er of the Ard does homage to the Bishop of Moray
in 1368.
The lands contained in Sir Robert's deed, form those
known as Direbught, mortified to, and now in possession of,
the kirk-session ; and thus, though indirectly, the revenues
go as directed by Queen Mary's charter, when gifting the
Church revenues within the territory of the burgh of
Inverness after the Reformation.
Sir Robert's deed is endorsed, *' A charter of six acres
pertenand to ye Rud," and is as follows : —
To all who shall see or hear of this charter, Sh' Robert de Chesolme, Lord of
the same, wishes eternal salvation in the Lord : Since it is known to all that all
flesh returns into dust, and that there is nothing after death except He who is
the true safety and who redeemed the human race on the cross ; Hence I make
it known to all by these presents that I have given, granted, and by this my
present charter confirmed for the salvation of my soul, and of the souls of my
successors and predecessors, and of all the faithful, six acres of arable land
lying within the territory of the old castle in the lower plain thereof,
between the land of Edua of the said old castle, in breadth at the east on the
one side, and the land which is called le Burrojelde at the west on the other,
and in length stretching from the common highway of our Lord the King at the
south, and the land which is called Hcvydland at the norfch, for making an
increase of divine worship for ever to the altar of the Holy Rood of Inverness.
To be held and had the said six acres of land by the said altar of the Holy Rood of
the said Church for making perpetual increase there, from me and my heirs and
assignees, freely, quietly, fully and honourably, and according as I, the said
Lord, gave, or could give, within the kingdom of Scotland, all and sundry, or
particular lands for the increase of chapel, church, or of any other,
by all right possible, canonical or civil, the said six acres of land. I acknowledge
by these presents that I have given and granted them freely, quietly, clearly
and honourably, for ever, and I, the foresaid Robert, my heirs, successors, and
assignees, whomsoever shall warrant, and acquit, and for ever, defend the said
six acres to the foresaid altar of the Holy Rood of the foresaid Church of Inver-
ness, for the subsistence of one chaplain there, performing (divine worship) ;
and if it happen that I, my heirs, successors, or assignees whomsoever, contra-
vene this my pious donation and grant, which God forbid, I will and
grant, as also by these presents oblige my person, the persons of my heirs,
successors, and assignees whomsoever, and the lands of myself, my heirs,
successors, and assignees, for ever, as far as by law I shall be able in any manner,
to be excommunicated, interdicted, and bound by every manner of ecclesiastical
censure, by means of the Bishop of Moray, who for the time shall be, or of his
chapter ; under x^enalty of forty pounds of good sterling money, to be paid to
the building of the Cathedral Chiirch of Moray before any step of law, without
any remission ; this present charter, nevertheless, enduring by its own strength.
In witness of which thing my seal is api^ended to these presents ; and for the
greater security and evidence of this matter, I have procured and caused the
seals of the chapter of the Church of Moray and of the official of the same,
along with the seal of the community of the burgh of Inverness, to be appended
to this present charter : Given at Inverness on the feast of the exaltation of the
INVERNESSTANA. 63
Holy Rood (14th September), in the year of the Lord, one thousand three
hundred and sixty-second : These, with many others, being witnesses, the
discreet man, Master Eustachius, vicar of Inverness, Tliomas de Fentoun,
alderman of the same, John Scott, Tliomas Grant, John de Coule, Weland
Sliislach, and Symon, son of Henry, burgesses.
The proceediEgs of tJbe Court, held at Balloch Hill, are as
follows : —
In the progi'ess of the Justiciary Court of the Regality of Moray,
held by me, Robert de Cheshelme, Lord of that Ilk, Justiciary of the said.
Regality of Moray, at Le Ballocis Hill near Inverness, the 26fch day of January
in the year of Grace 1376, and in presence of the noble and powerful Lord John
de Dunbarre, Earl of Moray : Compeared at the bar, James, son of Stephen,
burgess of Inverness, cited by "William Lambe, Sheriff of said Regality, in the
Sheriffdom of Inverness, to answer and show in what manner and in what
way he held and possessed those six acres of land lying on the west side of the
land of Deyrbowchte (Direbught), between the land of the nobleman Sir William
Pylche on the one side, on the one part and the Highland Road (viam Scoticanam)
by which we go to Drekechys (Drakies) towards the south, on the other, in
breadth. The said James mentioned that he occupied and held the said six
acres of land of the sisters Eufamia and Edua, once owners of the old Castle, in
feu and heritage, and he likewise produced the charters of the said ladies of the
old Castle. Patricius de Crawfourde, as mandatory of said noble and powerful
Loi'd John de Dunbarre, Et^.rl of Moray, asserted in name and on behalf of said
noble Earl that any one holding any land in feu and heritage cannot sell or
alienate the same without permission of and confirmation by his Lord Superior,
specially procured or obtained for that purpose. But the same James alleges in
his own behalf that he had a good and clear confirmation of said six acres of
land by the grandfather of the said noble Lord John de Dunbar, Earl of Moray,
viz. — by Lord Thomas Ranulphi's father, late Earl of Moray. The said Patricius-
de Crawfourde thereupon sought sight of said confirmation : Whereupon the
said James protested and clearly showed that the said confirmation had been in
safe keeping along with his very many other evidents in the custody of a late
j)articular friend in the house of the Preachiug Friars of Inverness, and had been
burnt there and completely destroyed, at the time of the burning oT said house.
Upon this, the said Patricius asked for caution. The said James asked permis-
sion from the judge to go to advise and consult with his friends
about the finding of said caution. The said James was allowed, and went away
under sure caution for a little while out of court in company with his advisers.
So when James had taken counsel, he returned and presented himself in court,
declaring and finding the said caution that the said confirmation was completely
burnt as aforesaid, and upon this he placed himself at the disposal and deter-
mination of an assize of the good men of his country. Whereupon Patricius de
Crawfourde, by express command of said noble Lord the Earl of Moray, collected
and raised for the disposal and determination of the i)remises, the better, the
more ancient, and more faithful of those then in attendance at said court, a
great oath being administered to them, viz., those underwritten noblemen —
Sirs Robert de Innes and AVilliam Pylchee, Knights ; Alexander de Moray, Lord
of Coulbyn ; Hugh de Rose, Lord of Kilravock ; Adam Flemyng, Ingeramus de
Wenton, Eugenius de Berkeley, Thomas de Brothy, Gilbert de on, Thomas
de Wenton, John de la Cow , William Lambe, Henry de Doles, and Lawrence
Blac, with many others : Which assize thus carefully sworn to speak concerning
the truth and certainty of the premises pronounce clearly, and boldly declare,
that they very often saw and heard such a confirmation read in many Courts of
the Sheriffs of the Regality of Inverness, held by Galfridus de Munbeyn, and
also by Alan de Wenton, the Sheriffs of the Regality of the Sheriffdom of
Inverness : And this I, Robert de Chehelme, lord of that Ilk, as Justiciar, by
virtue of my office, testify by means of these presents : In testimony of which
thing my seal, along with the seals of those who were engaged fiom among those
present at said assize, is appended in witness of the ijremises : Given and done,
day, i)lace, and year foresaid.
04 INVERNESSIANA.
XXVII.
DAVID II. 1329-1370, PART FOURTH.
King David granted in 1359 to the chaplain of the Church
of the Blessed Mary certain lands at the Carse. This deed
has been printed in " Antiquarian Notes." It was followed
by an Instrument of Resignation of the lands by the com-
munity of Inverness, dated 4th March of the same year, and
is as follows : —
Resignation of a Piece of Land hy the Community of the Burgh of Inverness.
The burgesses and community of the burgh of Inverness, to all who shall see
or hear of these letters ; Greeting eternal in the Lord : Know all that since the
pious sincerity of devotion has just induced the inclination of the most serene
prince our Lord David, by the grace of God illustrious King of Scots, to increase,
for the support of each chaplain performing divine worship in the Chaj)el of St
Mary's, of the foresaid burgh, the possessions of said chapel by an equal revenue,
— "We, from reverence of the excellent King, and at the special instance of our
fellow burgher, John called Scot, on the day of March next after the Feast of
the Assumption of the Blessed Virgin Mary (26th), in the churchyard of foresaid
chapel, in the year of the Lord 1359, with unanimous consent and assent of all
of us, have by staflf and baton given up and for us and our successors or heii's
j)urely aad simply for ever resigned to our Lord the King foresaid all right and
claim which w^e have had or could have, or which our heirs or successors at any
time hereafter could have by any title in the said piece of land of the Gras, with
the pertinents, containing 18 acres of land, lying next to the land of St Mary's
Parochial Church of said burgh, at the south on the one part, looking beyond
le Scathgate at the east, and extending itself in length equally lengthwise with
the land of St Mary aforesaid, and twixt the Cras at the north on the other
l^art ; in which piece of land, with the pertinents, our Lord the King foresaid
has infeft the foresaid chapel in pure and perpetual cliarity by his Chai'ter, as
in said Charter is more clearly contained : Renouncing for us, our heirs and
successors, for ever, and also by these presents, all right, claim, and action
therein which we had, have, or may hereafter have, and which our heirs or
successors shall or can hereafter have in the piece of land aforesaid. And in
case it happen that we, our heirs, or successors, do or attempt anything against
the premises or any of the premises, we oblige us and our said heirs and succes-
sors as strictly as we are able by these presents, in one hundred pounds stg. in
name of penalty to be paid to the fabric of the Cathedral Church of Moray as
often as it shall happen, which God forbid, in future ; the foresaid royal Charter
and these present letters nevertheless to endure by their own strength ; sub-
mitting us and them, in this event, to the coercion of the Lord Bishop of Moray,
who shall for the time be, and of his ministers without licence of any other
judge or power, and without allegation or pretext of any right or privilege. In
witness of which matter we have api^ended to these presents the common seal of
our burgh foresaid. Done and given at Inverness, the 4th day of the month of
March, and year foresaid.
Two of the deeds granted by Edua, one of the heiresses of
Castlehill, one having her seal entire, are yet extant, and
are here given. The emblem on the seal is a dove : —
To all who shall see or hear of this charter, Edoua of the old castle, daughter
and heir of Thomas, late of said old castle of Inverness ; Greeting eternal in the
Lord : Since it is known to all men that all flesh returns to dust, and that there
is nothing after death unless He is found who is the true salvation, and who on
the Cross redeemed the human race, hence it is that by these presents I make
it known to all that I, in my free and lawful widowhood, have given, granted,
INVERNESSIANA. 66
and by this my present charter have confirmed for the salvation of my soul, and
of the souls of my ancestors and successors, and of all the faithful, two acres of
my land, called the Old Castle, lying in the mill-tlat, 'twixt the land of the heirs
of Thomas, called Gryme, in breadth at the south on the one part, and the land
of the Chapel of St Mary's of Inverness at the north on the other ; and in length
stretching from the way of the mill of the Lord the King (from the King s Mill's
Road) at the west, and the Bromneback at the east, to the altar of tlie Holy
Cross in the Parochial Church of Inveiniess, for effecting an increase of divine
worship there for ever : To be had and held, the said two acres of land hy the
t^aid altar of the Holy Cross of said Church, for encouraging continual increase
(of divine worshi]i) there, of me and my heirs and assignees, freely, quietly,
fully, and honourably, according as any lord or lady within the Kingdom of
Scotland has given, or will give all and sundry, or particular lauds, for the increase
of church, chapel, or altar, whatsoever, by all possible right canonical or civil, I
confess by these presents to have given and granted for ever said two acres more
freely, quietly, clearly, aiid honourably, and I, Edouaof the Old Castle aforesaid,
my heirs, successors, and assignees, whomsoever, shall warrant, acquit, and fur
ever defend said two acres of land to the foresaid altar of the Holy Cross of the
aforesaid Church of Inverness : And if it happen, wJiich God forbid, that I, my
heirs, successors, or assignees, whomsoever, come against this my pious dona-
tion and grant, I will and grant, and also bind, by these presents, my person
and the persons of my heix's, successors, and assignees, whomsoever, and my
lands and those of my heirs, successors, and. assignees, for ever, to such extent
as by law of any kind I shall be able to be excommunicated, interdicted, and by
all manner of ecclesiastical censure restrained, by the Bishop of Moray, who
shall for the time be, and his chapter under penalty of 100s sterling, to be
applied without remission of any kind to the fabric of the Cathedral Church of
Moray : In testimony of which thing my seal is appended to these presents :
And. for the gi'eater security and evidence of the matter, I have procured and.
caused to be appended to the present charter the seal of the reverend father in
Chiist, Lord John, by the grace of God, Bishop of Moray, together with the
seals of the chapter of the Church of Moray, and of the community of the burgh
of Inverness. Given at Inverness, the 4th day of the month of March, in the
year of the incarnation of the Lord 1361. These being witnesses— The discreet
man. Master Eustachius, vicar of Inverness, Thomas le Grant, John Scot,
Thomas Kauer, Weland de Scykklaw (Chisholm), John de Coule, Brisius Pyot,
Symon Henry, burgesses of said place, and many others.
Clmrter of four acres of the Holy Cross of Inverness lying in the Upper
Plain of the Old Castle. , — ,
To all who shall see or hear of this charter, Edoua of the Old Castle, lady of
the same; Greeting eternal in tiae Lord :■ Let all know, that I in my free
widowhood and urgent and very great poverty for support of my old age, with V '•^u^
consent and assent of Avok* my daughter and heiress, have sold for ever to the \
burgesses and community of the burgh of Inverness, for the altar of the Holy !
Cross of said place in the Parochial Church towards the augmentation and y
supplementing of the service of the chaplains who shall for ever worship there,
four acres of my arable land lying in the upper plain of said Old Castle, of which
two acres lie together in breadth 'twixt my own land which Thomas De I'Ard
now holds of me, at the south on the one part, and the land which John Passe
holds of me at the north on the other, the third acre lies in said plain in breadth
'twixt the land which AYilliain son of Adam holds of me at the north on the one
]jart, axid the land of St Mary's Chajjel at the south on the other, and in length
extending from the highway of the mill towards the west and to the Bromybank
in the east, and the fourth acre lies in foresaid plain in breadth 'twixt the land
of St Maiy's Chapel at the south on the one part, and the land of the heirs of
"Walter called Man, at the north on the other, in length extending from the
way of the mill of our Lord the King at the west, and towards Knokyntynol at
the east : To be held and had the foresaid four acres of land for the altar of the
Holy Cross afoiesaid in augmentation and addition for the service of the chap-
lain as is said who for the time shall be performing divine worship there, as
freely, quietly, fully, entirely, lionourably, well, and in peace, with the pertinents
as shall be possible for any one whomsoever to bestow, sell, or alienate by what-
soever title or under what.soever condition there may hereafter be, for true value y
n good money given and reckoned, both for the great relief of my poverty and^x"^
* Presuiied to be a diminutive from (;laelic for Eva.
v.
^
66 INVERNESSIANA.
maintenance of my life, and by me wholly received : But paying therefor no
annual return for said acres to me or my heirs, or to those succeeding us by
whatsoever title for ever : And if it happen, which God forbid, that I, my heirs,
or our successors, by whatsoever title, go against my sale of the foresaid acres
with the pertinents, I oblige me, my heirs and successors whatsoever, before any
proceedings in law in the penalty of ten pounds sterling to be paid toward the
fabric of the Cathedral Church of Elgin, renouncing here, I, and my heirs and
our successors, by whatsoever title, all exception and privilege of law, canonical
or civil, and that it may be lawful to the Bishop of Moray, his successors and
their officers who shall for the time be, and also the chapter in the case of vacancy
of the bishoprick, by all possible manner of ecclesiastical censure strictly to
restrain me, my heirs and our successors, by whatsoever title, in the event in
which we shall presume rashly to attempt anything against the present charter,the
present charter, however, to endure for ever in its own streiigth : In testimony
of which thing, my seal, along with the seal of the foresaid Avok, my daughter
and heiress, is appended to the present charter : And for the greater security of
this transaction, I have procured and caused the common seal of the chapter of
the Cathedral Church of Moray, together with the common seal of the foresaid
bui-gh of Inverness, to be appended to these presents. Given at Inverness the day
after St Martin the Bishop's {12th Nov. ) in the year of the Lord 1361.
Upon the 4tli of August 1361, John, bishop of Moray,
grants certain lands in feu for securing a hundrt^d shillings
to the chaplain of the blessed Virgin Mary. This deed,
which was confirmed by Alexander, bishop of Moray, on the
20th February 1365, enumerates donations made by King
David, Allan Freskin, Susanna and Edda of Axdd Castle
Hill, Marjory Dyll, Stephen Skinner, Alexander Irynpurs,
William Turner, William, Earl of Ross, and Matil da Defe ,
and is as follows : —
To all who shall see or here of this writ, John, by divine permission, the
humble minister of the Church of Moi'ay ; Greeting eternal in the Lord : Let all
know that we, with the common consent of our Dean and Chapter, and also of
Master Eustacius, perpetual vicar of Inverness, have granted and feued to John
Scot, burgess of Inverness, all the lands and jiossessions after- mentioned belonging
to the Cliapel of St Mary's of Inverness — namely, one i)iece of the land of the
Crassc, with its pertinents, of the gift of our gracious Prince, Lord David,
illustrious King of Scots, containing 18 acres of land, lying next to the land of
St Mary's Parochial Church of Inverness, on the south, on the one part,
stretching beyond the Scathgate, at the east, and extending in length equally
with the land of St Mary's aforesaid, and between the Crasse, on the north, on the
other : Item — Four acres of the gift of Alan Fre.skyne, two acres of which, with
three roods, lie in the Sdiipflat (shiplands), between the land of Alan Yayrement,
on the north, on the one part, and the land of William Walker, on the south,
on the other, in breadth : in length, between the way which is called Scathgat
and the water of Ness — but one rood lies in the same plain between the land of
Friar John of Inverness on the south, on the one part, anJ the land of Walter,
called Man, on the north, on the other, in breadth ; in length, as afoi-esaid : A
fourth acre lies beyond Markhynch, in the Ckurrijflat, extending towards the
water of Ness, in length ; but in breadth, between the land of Andrew Scot, on
the south, on the one part, and the land of Andrew Sankys, on the north, on
the other : Item — Six acres of land of the gift of the sisters and heiresses,
Susanna and Eda of the Old Castle, three acres of which lie in the Hale (Haugh),
extending in length to the road which is called Scatisgat, towards Knokyntynole,
on the north, on the one part, and towards the Mill, on the south, on the other ;
two acres lie in the plain of the Old Castle, extending in length towards the road
by which we go to Kingsmills, on the south, on the one part, and towards
Brumybanc, on the north, on the other; the sixth acre lies in the same plain
towards the east, extending in the same manner as the two preceding in length,
between the south and north : Item—One rood of land of the gift of Marjory,
called Dyll, lying on the western side of the water of Ness, below the Crofti/s,
between the land of Sir Thomas, called Weyt, chaplain, on the north, on the one
part, and the land of one called Coki on the south, on the other, in breadth ;
INVERNESSIANA. 67
but in length, extending from the water of Ness towards the east, to the land
of Kynniyly, towards the west : Item — One rood of land of the gift of Stephen
Skynnar, lying in the same plain between the land of one called John Kossach,
at the south, on the one part, and the land of the heir of John Qhwelwrycht, at
the north, on the other : Item— Oi\Q rood of land of the gift of Alexander
Irynpurs, lying in the same plain between the land which John, son of Hugh de
Cristinus de Ard, held on the south, on the one part, and the land of William
Pylche, on the north, on the other : Item — Two acres and a half of the gift of
William Tauernere, lying together in the Damysdale, between the land of the
Lord Abbot of Kinloss, on the east, on the one part, and tlie land of John, called
Pedoc, at the west, on tlie other, in breadth ; but in length, extending from the
High Street (via regia), under the rock (the Castle Hill) towards the south to
the headland on the north : Item — Four merks of annual rent of the gift of the
nobleman William, Earl of Ross, to be paid annually out of the land of Culclochy :
Item — One rood of the land of the gift of Matilda, called Defe, lying on the east
side of the foresaid Chapel, between the Churchyard of the same, on the west,
"^6n the one part, and the land of St Katherine the Virgin, on the east, on the
""other ; and one rood of the land which is called the land of St Katherine afore-
"said, lying on the east side of the foresaid Chapel, next the land of the Abbot of
Abei'bi'othok, for which rood the said John and his heirs shall i^ay yearly, at the
feast of St Martin in winter, twelve pence sterling for the illuminating of St
Katherine's aforesaid, to the Vicar who shall for the time be in the Parochial
Church of Inverness : To be held and had by him and his heirs for ever of us
and our successors, freely, quietly, and honourably, with all their pertinents, in
pure and perpetual charity : Paying therefor, he and his heirs yearly to one
chaplain performing divine worship for ever in said Church, one hundred
shillings sterling at two terms in the year— namely, one half at the Feast of
Pentecost, and the other half at the Feast of St Martin, in the winter : But if it
happens, which God forbid, that the said John Scot or his heirs fail in payment
of said money within twenty days after the lajjse of any of the above written
terms, he and they shall give for every week during which they shall refrain
fi'om payment of said money, two shillings sterling, in name of penalty to be
converted to the use of lighting the Holy Cross of the Cathedral Church of the
Holy Trinity of Elgin : And to faithfully observe all and sundry the premises
the foresaid John has obliged himself, his heirs, and all the lands and possessions
which they possess or shall in future possess, both within and without the burgh
of Inverness : And if it happen, which God forbid, that the said John or any of
his heirs go against said agreement in any way, they shall give in name of
penalty to the fabric of the Cathedral Church of Elgin one hundred pounds
sterling before any step of law, the present agreement, however, shall endure
continually by its own strength, and they have submitted themselves to the
jurisdiction of the Bishop cf Moray and his official who may for the time be that
they or any of them may strictly compel them to observe all the premises by all
manner of ecclesiastical censure : And we of our special favour have granted to
the foresaid John and his heirs, from us and our successors, that as often as it
shall happen that the foresaid Church is vacant, they may present a fit chai)lain
to us and our successors for said Chapel : In testimony of all which we have
caused our authentic seal, together with the common seal of the Chapter afore-
said, and of Master Eustacius, perpetual vicar of Inverness, above named, to be
appended to these presents. At Spyni, on the Wednesday next after the Feast
of St Peter ad vincula (1st August) in the year of grace 1361.
68 invrunp:ssiana.
XXVIII.
DAVID II. 1329-1370. PART FIFTH.
In the Parliament held at Scone on 20th July 1366, it is,
inter alia, ordained '' that those rebels, viz., of Athol, Argyle,
Badenoch, Lochaber and others, if there are any, in the
northern parts or elsewhere, be arrested by means of the
King and his authority to undergo common justice and
specially to pay the contribution,* and be otherwise corrected
as shall be more advantageous for the peace and utility of
the community and kingdom."
In the same Parliament, the old and new values of the
bishopricks are stated, and that of Moray for old taxation is
£1418 10s, and true value £559 8s 8d. The sheriffdom of
Inverness for old extent is £3164 lis 8d, and true value,
£1080 lis lid. In January 1367, from the proceedings of
the Court of Exchequer, the following sums were due within
the sheriffdom of Inverness : —
In the hand of Lord William de Keth, who holds the ward of the heir of
William de Sancto-Claro, the revenue of the assize of the Earldom of Caith-
ness, £10.
In the hand of the Earl of Sutherland, the revenue of the assize of his
Earldom, £15.
In the hand of the Earl of March, all rents and revenues of the Earldom and
lands of Moray within the sheriffdoms of Inverness, Forres, and Elgin.
In the hand of the Senescall of Scotland, the lands of Badenoch, of old £120.
In the hand of John of the Isles, the lands of Lewis.
In the hand of the same, the lands of Lochaber, of old £200,
In the hand of the same, the lands of Garmornore, of old £200.
Those in the hand of the said John, besides the lands of Kyntir and of
Vnghys, within the sheriildom of Argyle, whose Sheriff has not compeared.
In the hand of the Bishop of Moray of the tithe penny which he claims of the
proceeds of one justice aire held within the time, &c., until he shall instruct
wliat is owing to him, £4.
King David granted the following charter of the forest of
Lochindorb with a singular reddendo. As the arrows were
deliverable at Inverness, the deed, which is dated 16th
November 1367, is here quoted : —
David, by the Grace of God, King of Scots, to all good men of his whole
realm ; Greeting : Know, that we have given, granted, and by this our present
charter confirmed to our beloved and faithful Symon Reed, constable of our
Castle of Edinburgh, for his faithful service paid to us and to be paid, the whole
forest of Lochyndorbe, with the pertinents within the sheriffdom of Inverness,
which belongs to us by reason of the forfeiture of the late John Comyne, Knight :
To be held and had by the said Symon and the heirs of his bodj', of us and our
heirs in feu and heritage, in free forest with all and sundry liberties, commodities,
easements, and their just pertinents whatsoever belonging to said forest, or
which in future can in any way justly belong : Giving therefor yearly to us and
* Their shave of the contribution appointed to be levied for payment of the King's
ransom and expenses while in England.
INVERNESSIANA. 69
our heirs, the said Synion and liis heirs foresaid three aiTOws, to be carried (or
delivered) at Inverness at the feast of St John the Baptist, in name of blench
farm only, in lieu of every other burden, sei'vice, custom, exaction or demand.
At Edinburgh, the 16th day of November, in the year of our reign, the 38th.
Upon the 20tli of April 1368, the King confirms the
grant formerly quoted, made by Robert Bruce to the Preach-
ing Friars of Inverness, of £10 sterling.
Upon the 3d March 1369, David grants the following
charter to the Burgh of Inverness of the lands of Drakies
and others, with valuable rights and privileges : —
David, by the Grace of Ged, King of Scots, to all good men of his whole
realm ; Greeting : Know, that we have set, and in feu-farm let and granted
for ever, to our faithful burgesses and the community of our burgh of Inverness,
our whole burgh of Inverness, with the land of Drekeis, with the pertinents
within the Sheriffdom of Inverness : To be had and held by the said community
and buj-gesses and their heirs and successors for ever, in feu and heritage by all
right marches and divisions within all the territory adjacent to said burgh, with
fishings, mills, multures, and their sequels, with the toll and small custom of
said burgh : Also with all other and sundry liberties, commodities, and easements,
right customs, and just pertinents whatsoever, as well not named as named,
belonging to foresaid burgh and foresaid lands, or which in future may in any
way justly belong freely, quietly, fully, wholly, well, and in peace ; Giving
therefor to us and our heir's annually at the terms of Pentecost and St Martin
in winter, by equal portions, eighty merks sterling; In testimony of which matter,
to our present charter we command our Seal to be appended : Witnesses, the
venerable fathers in Christ, William, Bishop of St Andrews, and Patrick, Bishop
of Brechin, our Chancellor ; Robert, Senescall of Scotland, our nephew ; William,
Earl of Douglas, Robert de Erskine, Archibald de Douglas, and William de
Dishingtoun, knights. At Perth, the third day ot March, in the year of oxir
reign the fortieth.
Alexander, Bishop of Moray, by a deed dated at Elgin on
the 3d of June 1373, bears testimony that he has inspected
and diligently examined the foregoing charter, and in proof
thereof recites it therein at full length. The document is
endorsed, '' a charter of ye Biscop of Murrew berand witnes
of ye feftment of ye burch." ""T^r-
In a parliament held at Perth, 18th February 1369, it is
jrecommended that the King and his Court go occasionally
into the Highlands and burden them with the expenses of
sustenance, and so relieve to some extent the Lowlands, 1~
'Already heavily burdened. The lands specially mentioned
are— ^' Kynthir, Knapdale, Arayne, the dominions of John
of the Isles, John of Lome, and Gillaspic Cambel." The
Lord of the Isles proving very troublesome, the king came
in person to Inverness, and his expedition was successful^
inasmuch as John, Lord of the Isles, made a complete sub- "'
jpiission. The instrument taken on the occasion is here
given, dated on the 15th of November 1369 : —
To all who may see the ]3resent letters,— John de Yle, Lord of the Isles, wishes
salvation in the Saviou.r of all : Since my most serene prince and master, the
revered lord David, by the grace of God, illustrious King of Scots, has been
stirred up against my i^erson because of certain faults committed by me, for
which reason, coming humbly to the presence of my said lord, at the Town of
Inverness, on the 15th day of the month of November, in the year of grace
1
70 INVERNESSIANA.
1369, in the presence of the pi-elates, and of vei-y many of the nobles of his
kingdom, I offered and submitted myself to the pleasure and favour of my said
master, by suppliantly entreating for favour and for the remission of my late '
faults, and since my said lord, at the instance of his council, has graciously
admitted me to his goodwill and favour, granting besides that I may remain
in (all) my possessions whatsoever and not be removed, except according to the
process and demand of law : Let it be clearly jDatent to you all, by the tenor of
these presviuts, that I, John de Yle, foresaid, promise and covenant, in good faith,
that I shall give and make reparation to all good men of this kingdom what-
soever for such injuries, losses, and troubles as have been wrought by me, my
sons, or others whose names are niore fully set forth in the royal letters of
remission granted to me, and to whomsoever of the kingdom as are faithful I
shall thus far make the- satisfaction conchxded for, and I shall justly note
purchased lands and superiorities, and I shall govern them according to my
ability ; I shall promptly cause my sons and my subjects, and others my adherents,
to be in peaceable subjection, and that due justice shall be done to our lord the
King, and to the laws and customs of his kingdom, and that they shall be
obedient to, and shall appear before the justiciars, sheriffs, coroners, and other
royal servants, in each sheriffdom, even better and more obediently than in the
time of Robert of good memory the predecessor of my lord the King, and as the
inhabitants of the said lands and superiorities have been accustomed to do.
They shall answer both promptly and dutifully to the royal servants what is
imposed regarding contributions and other burdens and services due, and also
for the time past, and in the event that within the said lands or superiorities
any person or persons shall offend against the King, or one or more of his faithful
servants, and if he or they shall despise to obey the law, or if he or they shall be
unwilling to obey in the i)remises, and in any one of the premises, I shall
immediately, entirely laying aside stratagem and deceit, jiursue that person or
those persons as enemies, and as rebels of the King and Kingdom, with all my
ability, until he or they shall be expelled from the limits of the lands and
superiorities, or I shall make him or them obey the common law ; And for per-
forming, implementing, and faithfully observing these things, all and each, I
personally have taken the oath in j)resence of the foresaid prelates and nobles,
and besides I have given and surrendered the under written hostages, viz.,
Donald my son, begotten of the daughter of the Lord Seneschal of Scotland,
Angus, son of my late son John, and one Donald, another and natural son of
mine, whom, because at the time of the completion of this present deed, I
have not, at presence, ready and prepared, I shall cause them to go into, or to
be given up at the Castle of Dumbarton, at the feast of our Lord's birth now
next to come, if I shall be able otherwise on this side, or at the feast of the
purification of the Blessed Virgin (or Candlemas, 2d February) next following
thereafter, under jjain of the breach of the oath given, and under pain of the
loss of all things which with regard to the lord our King, I shall be liable
to lose, in whatever manner ; And for securing the entrance of these hostages as
promised, I have found my Lord Seneschal of Scotland, Earl of Strathern,
security, whose seal for the purpose of the present security, and also for the
greater evidence of the matter is appended, along with my own proper seal, to
these presents in testimony of the premises. Acted and given, year, day, and
place foresaid.
While at Inverness the King on the 16 th. of November
gave to his beloved and faithful cousin John de Inverpeffer,
the office of Sheriff of Banff.
At Inverness on the 8th of November a charter was granted
by Walter Leslie, Lord of Filorth, to John de Urquhart, son
of Adam de Urquhart, Sheriff of Cromarty.
I
INVERNESSIANA. 71
XXIX.
ROBERT II. 1370-1390. PART FIRST.
The first of the Stuart Kings succeeded to a difficult and
anxious position. The state of the Highlands, and particu-
larly the Islands, was as regards "the throne chronically
critical. When ^le' power of the Lords of the Isles was at
length extinguished, another family, crafty, subtle, insidious,
ever hypocritically clothed with the cloak of religion as a
mask to hide their real objects of aggrandisement, arose, the
cause of misery to their neighbours, of discontent between
Crown and subject, and of civil warfare within the kingdom.
^' Fause as a Campbell" has been for centuries proverbial,
and it has been mischievously said in explanation of this
alleged peculiarity that it was derived from their ancestor,
the knight with the crooked or wry mouth, who was unable
to sj)ea7c straight or on the square. The knight having in con-
sequence, and by the circumventing of his neighbours,
prospered greatly, his descendants followed his example.
The King appears to have come to Inverness early in his
reign, for in a petition by William Earl of Ross, dated 24th
June 1371, he says '' then when my Lord the King came to
the town of Inverness, he found me without any land or
Lordship, my whole Earldom of Ross seized and recognosced
in his hands," &c.
Reference was formerly made to the questions between
the Church of Aberbrothoc which had received a grant of
the Church of Inverness from William the Lion, and the
vicar, regarding the tithes of Inverness. We now give
Appeal to the Apostolic See for the Abbot against the
Bishop of Moray. The document though verbose is in-
teresting, and brings up vividly the procedure in Ecclesias-
tical Courts Rve hundred years ago. The document is
entitled " Appeal to the Pope on the part of the Abbot of
Aberbrothoc, against the process before the Bishop regard-
ing the tithes of the Church of Inverness" — and is as
follows : —
In the name of God, Amen. By this present public instrument let it be 'iof, /ji 4^6%^
clearly known to all men that in the year of the Lord one thousand three / ^y
hundred and seventy-one, at the hour of three on the 12th day of the month ' / ^»
of August, in the ninth indiction, and the tirst year of the pontificate of the tt'^''^''-
most holy father in Christ and our Lord, Lord Gregory^ by divine providence A /»
Pope -^ife : In presence of me notary public, and of the subscribed witnesses,
the discreet man Andrew Ox, rector of the Church of Inverarity, in the diocese
of St Andrews, personally appointed procurator of the reverend men the Lords
72 INVERNESSIANA.
Abbot and Convent, of the Monastry of Aberbrothoc in the diocese of St Andrews,
held in his hand a paper schedule, written apparently wholly on the one side,
and read it word for word, of which schedule the tenor follows in this form : —
In the name of God, Amen, since the remedy of appeal or challenge is advan-
tageously found to be the refuge of the oppressed, or in truth of those who fear
that they are by law oppressed, hence it is that as you Reverend Father and
Lord, Lord Alexander by the Grace of God Bishop of Moray, lately at the
Monastery of Scone in the diocese of St Andrews, at the Coronation of our Lord
King Robert now reigning, did verbally intimate to the venerable father in
Christ Lord John, Abbot of Aberbrothoc, in said diocese of St Andrews, that
at the instance of Master Eustachius, vicar of Inverness, in your diocese you
ordered a process against him regarding certain tithes of said Church, and when
the said Abbot demanded of you with instance a copy of it, and said he had
not heard of this before, you rej^lied that he should go down himself or by a
procurator to the parts of your diocese of Moray, where you had sent the process,
and that you would give him there without difficulty the copy he sought :
Whereupon the said Abbot being quite satisfied, and while engaged with other
matters connected with his monastery, sent specially to your presence in Moray,
the discreet men Lord James Eraser, Knight, and Alexander Skirmechour, as
procurators for himself and his Convent, with full power to obtain-said copy for
the purpose of considering said i^rocess, whether it would do him good or harm ;
and the said James and Alexander then frequently and urge'ntly sought the
premises to be delivered to them by you, or that a day and place be assigned
them for the exhibition of that x^rocess, in order that they might get an oppor-
tunity of copying and transcribing it : You expressly answered that you then
had no time to implement the premises sought, and knew not of another day or
place to assign : Whereupon Lord James and Alexander, perceiving the foresaid
abbot and convent to be oppressed in this matter contrary to justice, j)rotested
by appealling, and worn out with weariness by you during many diets, and after
heavy labour and expense, they returned to their distant Lord with the business
unaccomplished : Whence the abbot, wishing to guard against loss to his
monastery, and thinking to engage your benevolence by many fervent requests,
has sent me, Andrew Ox, as his procurator, with full power to seek and receive
a copy of foresaid process, and to do the other things that may be needful or
suitable for the indemnity of foresaid monastery ; and though I have often and
diligently asked for the copy, you, however, have been unwilling to give it ;
Wherefore, for thesa and other reasons to be set forth at fit time and place, I,
Andrew, procurator foresaid, of the abbot and convent, and in my ijrocuratorial
character, carefully bearing in mind that you favour too much the opposite party,
and strive to suppress the right of the abbot and convent, as you refuse to give
a copy of foresaid process, which you ought to give, and do not grant an oppor-
tunity for transcribing it, appeal in this writ from you, Loid Alexander, Bishop
of Moray, and from your foresaid process, which is, as I susjDect, irregular and
inept unless it be framed of new, since you dare not bring it to light, and
summon you to the Holy Apostolic See, and thereafter demand most urgently
of the apostles that it be exhibited to me : And I place the abbot, convent, and
monastery foresaid, and all their followers, or those who desire to adhere to
them, and their whole goods moveable and unmoveable, under the care, defence,
and protection of the aforesaid Apostolic See : And do not you, Alexander,
Lord Bishop, and let no one deputed by you, in anywise proceed against said
abbot and convent by means of suspension, excommunication, sequestration of
fruits, or by sentences of interdict, since you are the open enemy of said
monastery and monks, by your having otherwise rashly deprived them of
thirty-five pounds sterling of the fruits of their church of Abirkerthor contrary
to God and justice and the apostolic favours granted to the monastery, which
they intend to prove where above set forth : For this injury I personally also
summon you in their name to the said Apostolic See : Protesting in name as
above to improve, correct, amend this appeal, and add to and take from the
same according as to my foresaid lords and their council shall seem expedient :
Let not therefore your process, in this manner hid under a bushel, do hurt to
the foresaid abbot and convent or their monastery : If by means of it you shall
perchance proceed justly or unjustly to enter into possession of goods moveable
or unmoveable, which, however, you ought not to do against those not lawfully
cited, I offer you caution in my character of procurator both for the recovery
of said possession and the interrui)ting of the annual prescription, and I am
ready by waiting, to abide the law and to do those things which have to be
done by law in such case for the recovery of like possession : If, however, you
shall perchance proceed to a definite sentence, which to hear of would l>o
INVERNESSIANA. , 73
sufficiently absurd, as you will not be able to decide anything against a party
unheard, and a sentence by the law itself does not hold, when the edict of
citation comes not to the knowledge of the party. Though the sentence may by
the very law be entirely null, however, I appeal from it and summon you in
this writ seeking the Apostles most urgently as above, whom if you deny I again
appeal and summon as above, protesting by the powerful name of said Abbot and
Convent that they do not intend, because of this appeal, to depart from other
appeals previously interponed by them, but using the same they also purpose,
as occasion shall demand, to assist themselves by means of the former. After
the reading of this apjieal, I was urgently required by the said Lord Andrew,
procurator foresaid to furnish him with a public instrument on the above written
appeal and to reduce the same as interponed, into .a public form and sign it
with my usual sign, he, however, paying all outlays and expenses. This appeal
was acted, read, interponed, and published in the Cathedral Church of Elgin in
Moray on the above named year, day, month, indiction and pontificate, there
being present the venerable and discreet men Master William de Chesholme,
Treasurer of Moray, Lord John Bell, Eector of the Church of Kyngorn in the
diocese of St Andrews, Lords John de Flandris, John de Tarres, chaplains ;
Andrew de Feltoun, Thomas Glaswrycht, John Aurifabro,* laymen, and many
other witnesses to the premises specially called and required in presence of me
the foresaid Lord.,
And I, AYilliam Leweryk^, clerk of the diocese of Brechin, by apostolic and
imjjerial authority, notary public in the premises, was present and engaged at
the reading of said schedule, and also at the interposition and publication of the
present appeal, together with the before-named witnesses, and by reducing, I
have written said appeal into this public form with my hand, and on foresaid
appeal and its contents, I have by the special request of the said Lord Andrew
as procurator, made this public instrument, and being required and asked, I
have signed it with my usual sign to the faith and testimony of the premises.
The Bishop's reply will be given in our next. It is of
great length, very amusing, and shows Bishop Alexander to
have been an adept with the pen.
XXX.
ROBERT II. 1370-1390. PART SECOND
The Bishop's letter or answer to the appeal of the Abbot
of Aberbrothock is now given. He had more scope than the
Abbot, who was obliged to confine himself to a dry narrative,
and took full advantage of the liberty, just as showy lawyers
were wont to do in the irreclaiming petitions and answers,
when such were permitted. The Bishop incisively declares
" that the churches of said monks, their necessarv manor
places and houses are desolate, in ruins and destroyed. The
churches themselves even are without their necessary orna-
ments, divine offices and sacraments, and, as it were, quite
j destitute. • The vicars are complaining, the parishioners
[grumbling, not without grave scandal and strong cry, and
* The terms Glaswrycht and Aurifabro point to the occupations of thiese individuals,
^the fermer-being a glazier and the latter a goldsmith.
K
74 INVERNESSIANA.
the danger of souls, and many heavy and enormous daily
open sins which cannot be set forth shortly with the pen."
The Bishop also complains of the violent proceedings
taken in name of the Abbot against the church and town of
Inverness, " by powerful laymen whose power and ferocity
could not in any way be resisted — as, for instance, the noble
and a man of great power — W. de F.," probably William
de Fentoun, or William de Foderingham, who broke into
the Vicar's house, threatened his life, &c., as graphically
detailed in the answer.
^. The town and churches of Inverness must have suffered
/ greatly, for the Bishop goes on to relate piteously, "As in
the foresaid Church of Inverness, which also is a noble,
strong, and distinguished place, abounds in fruits, and has
a concourse of many noble Knights and other powerful
'' men, is evidently patent, so that a single garment fit for the
Abbot or a part of him, and so that a small missal which
^ may be worth two pence will not be found therein, let alone
for me when performing my yearly visitations to reform
foresaid defects, and for the covering and protecting of it,
whose roof does not in any degree shelter either the greater
altar, or the wardrobe from being befouled, nay rather
jumbled together by the rains as often as they fall."
' The above clearly shows the importance both in strength
and residency of Inverness at this period. The monastery
suffered probably at the same time, for it will be recollected
that in the Court held by Sir Robert de Chisholm in 1376
reference was made to the destruction by fire previously of a
charter which lay for presumed greater safety in the house
of the Preaching Friars of Inverness.
^ Follows the Bishop's Letter to Pope Gregory : —
^tW. flMV^ '7^" -^^ ^^^® most Holy Father in Christ, Lord Gregory, by divine providence, chief
pontiff of the Sacred Roman and Universal Church, his humble and devout
suppliant, Alexander, Bishop of Moray, in Scotland, with recommendation of
the petitioner's kisses for the feet of the blessed : Most holy Father and Lord,
not only from clear indications, but also from experience of the matter itself, it
evidently appears and can be gathered that monks dead to the world by reason
of their vow, serve the world at the present time more frequently and with an
abject show both of obedience and poverty, over- abounding in wealth, they
wantonly busy themselves in provoking revolts against their superiors. The
churches of said monks, their necessary manor j)laces and houses are desolate,
in rviins and destroyed. The churches themselves even are without their neces-
sary ornaments, divine offices and sacraments, and as it were quite destitute.
The vicars are complaining, the parishioners grumbling, not without grave
scandal, and strong cry, and the danger of souls, and many heavy and enormous
daily open sins which cannot be set forth shortly with the pen. "When the
ordinaries of the places, as they are bound, i)roceed to the reformation of these
defects, and come desiring to fulfil the usual duty of visitation, immediately
these monks presume arrogantly, and impudently, and busy themselves against
said ordinaries by flocking together for their dispersion by appeal, so that it
happens once and again that defects of this nature, destruction and heavy losses
are i^assed over and remain uncorrected through the malicious impudence of the
monks themselves. There came lately to me one Andrew Ox, presbyter of the
INVERNESSIANA. 75
diocese of St Andrews, as procurator, as he asserted, and with procuratorial
functions on behalf of the abbot and convent of the monastery of Aberbrothoc,
of the order of St Benedict, in the foresaid diocese of St Andrews, who hokl in
my diocese of Moray two parish churches, viz., of Inverness and Abei'kerdor,
and the rectors or parsons of these churches are invoked. He exhibited to me
in the Cathedral Church of Moray a certain wi'it of appeal, if so it may or can
be termed, very contemptuously and ii-reverently, as is clear in said writ, in
name and on the part of said Abbot and monks, and in it he has appealed from
lue and summoned me to the Apostolic See, pretending and alleging the following
frivolous and gi'oundless reasons : — First, for instance, he says in many confused
words that I have oppressed the foresaid Abbot and monks, inasmuch as that I
denied to said Abbot or his procurators a copy of a certain j)rocess in a certain
case of tithes that had been moved 'twixt the abbot and the vicar of Inverness,
and is now pending and held before me, for which hardship he appeals, &c.,
which assuredly is not true. The truth is, however, that while the Abbot's pro-
curators were asking a copy of the process to be given them, I replied that I had
not the process lying beside me, but they should come to the place where the
cause was being pled, and where there were writers who had written the process
or other judicial acts, if there were any, and they would there obtain the copy
they were seeking. Now the copy of notaries is not given in every place to those
who ask for it, and there is not everywhere notaries of court or sworn scribes,
who write judicial transactions, and in whose keeping these remain, inasmuch
as they are kept elsewhere, but at one time one, and at another another, who
may be had with most readiness, write such transactions ; and so, because of
the want of notaries, when such judicial proceedings perish, it is not from any
fault on the part of the judge, and I am not obliged, as I think, to preserve that
process, if there was any, always and everywhere in readiness in a bag, to be
exhibited on every occasion And, further, they contumaciously and
with contempt spurned and refused to consider the matter, or even to listen. The
truth itself, however, is my witness, that I never of my own accord, or from
design or through malice, was silent or denied to said abbot or his procurators
the process, or a copy of it, or in any way proceeded against him, in as far as I
was able, to injure or hurt in any manner his right or cause. In addition, how-
ever, he inserts that he appeals from me and my irregular process, and in
conclusion, subjoins that the edict of citation did not come to the knowledge of
the party. This is utterly void of effect and without the shadow of truth.
Especially since — at the beginning of this lawsuit, when the cause was moved —
there compeared at the first edict of citation the venerable men — viz.. Master
"WilUam de Spiny and John de Bothuyll, canons of Moray, together with others,
joint procurators of said Abbot, who exhibited sufficient power of procuratory,
and at divers times and seasons proceeded with the cause and lawsuit. There-
after, no citation had been made in the continuation of the process, since in the
church of Inverness regarding whose fruits there was litigation, it had been
made public, and proclamations were then made publicly before the j)eople
where the Abbot had and has his procurators always who might and could
defend him if they wished, and also inform him regarding a process of law of
whatsoever kind, or of a cause of strife. Citations and proclamations of this
kind were not wont to be made suddenly or hastily, but open and publicly, and
between the solemnities of the services ; even in the greater Church or Cathedral
where the cause was being handled they were madu public during the space of
forty days and thereafter of eight weeks. And I am not, the Most High willing,
bound to transmit to another diocese mandates, edicts, or citations. His duty
it was who was informed, or ought to be, not to desert the cause when initiated
or begun in mockery of law, the judge and the party, but to continue it even
unto the end. From these it is clearly gathered that he is and has not been
ignorant that this process or any particle of it was instituted and held, nor can
he say with a safe conscience that the party was not cited and that it came not
under his notice. Nay, rather does it seem more likely that by aijpealing, since
he has maliciously and knowingly neglected to observe the term of appeal
appointed by law, he does not and by law will not be able to j)reserve the force
and form of appeal by a pretext of this sort. In the second place, he goes on
to call me the open enemy of said Abbot, monks, and monastery, attaching and
specifying a cause — to wit, that I have spoiled them of thirty-five ahilUngsL. ;^^^v»-**'-8t^
sterling from their Church of Aberkerdor. But, assuredly, it is more certain f
than truth, and clearer than light, that this statement is altogether destitute of
truth, and expressly contains a lie. I disavow, deny, and repel that spoliation,
and the crime of spoliation, and all undue receipt of any money whatsoever, as such
is no part of a j)riest's duty. And granted that some trilling sum of money
76 INVERNESSIANA.
from said Churcli of Aberkerdor, regarding which said Abbot complains and
murmurs, has come in my name to some one or other of my oflScers, which I,
however, do not admit, nor believe to be true, it, however, had never been
held or received with the intention, purpose, or form of spoiling, or otherwise
doing injury in any measure whatever, which God forbid. And even if any-
thing has been received in my name, by reason and form of ordinary justice, and
in the accustomed mode and order, I have always offered and offer that I shall
answer for the debt in the i^resence of any good man whatsoever, within or with-
out the diocese. Thus, I altogether deny, rejDel, and entirely exclude spoliation,
and all action or pretended case of spoliation. But since the Abbot fictitiously,
maliciously, and falsely treats of and opposes against me an accusation or crime
of spoliation, certainly it can deservedly and really be objected against him as
opponent, and I object what he accuses me of, both of the crime of spoliation in
this affair, and the express and violent invasion of ecclesiastical freedom and
immunity, and it can be well and effectively argued, and notably and with pro-
bability reprehended, especially since said Abbot is aglow with the flame of spite
and the desire of revenge, and not inspired with zeal for justice. After the
cause 'twixt himself and the foresaid vicar of Inverness had been moved and
begun, spurning, omitting, and even altogether contemning the path of ordinary
law, in contempt, disobedience, and irreverence of my ordinary jurisdiction —
nay, rather more truly for the Apostolic See, under whose special protection
my foresaid Church of Moray lives — with sure knowledge, malicious design,
and with intention of obtaining a worthless revenge, he placed, appointed, and
caused to be placed and appointed at said Church and town of Inverness,
powerful laymen, whose power and ferocity could not in any way be resisted,
as, for instance, the noble and a man of great power, W. de F., who in name
and on the part of said Abbot, with an armed and great host, violently entered
the houses of the foresaid vicar, broke and caused to be broken lockfast places
and doors, destroying, plundering, and even carrying away with him into his
den the victuals and various other things found there, and in divers ways doing
injury to the person and friends of said vicar. He also threatened the vicar
himself with death, so that he durst not enter his own house or appear anywhere
in the town, but was compelled to lie hid within the Church until security through
the pressing instance and intervention or intercession of many good men had been
accepted by the foresaid potentate in his behalf. And the foresaid nobleman
was wont to say publicly, openly, and unreservedly, that he on the part,
authority, and with the consent and by the bidding of said Abbot, had altogether
so acted and not otherwise. Experience and the series of transactions argue the
express and infallible truth of the fact— nay, rather they expressly and
efficaciously prove it. For it is evident that it was not before the commence-
ment of that case or lawsuit, but after, and before the commission of that
violence, and also from the time thereof, since and after, and even continuously
up to the present time, the foresaid noble and powerful procru-ator of said
Abbot had been appointed, and by name specially included, in whatsoever his
letters or procuratories for the administration of all the fruits of the foresaid
Church of Inverness solely by reason of this case, and wholly to obtain and dis-
pose thereof according to the pleasure of his will. From which it may be
clearly concluded that not only had he been appointed to commit the foresaid
violence, yea, rather to make use of the same for absorbing and taking away the
right of the party and of the ordinary jurisdiction, bat also griituitously with
the most malignant and wanton design on the part of foresaid Abbot. And he
is not content with that malice or wickedness of his, for over all his churches or
quasi churches he has also appointed powerful laymen who spoil and deprive his
poor vicars of the pensions due them, or of some particles thereof, and hence-
forth they can but sj)end a wretched life. These also oi^jiress the common
people. They deprive churches and souls of the accustomed services to such
a degree that because of the power of such seculars the ordinaries are not able,
even with the common ornaments, to do in their churches as is provided for, as
in the foresaid Church of Inverness, which also is a noble, strong, and dis-
tinguished place, and abounds in fruits, and has a concourse of many noble
knights and other powerful men, is evidently patent, so that a single garment
fit for the Abbot, or a part of him, and so that a small missal which may be
worth twopence will not be found therein, let alone for me when performing my
yearly visitations to foresaid church, for the reforming of foresaid defects, and
for covering and protecting it, whose roof does not in any degree shelter either
the greater altar or the wardrobe from being befouled or rather jumbled to-
gether by the rains as often as they fall. For this foresaid violent and foolish
deed of spoliation and invasion, if sentence of excommunication had been passed
INVERNESSIANA. 77
both by canonical statute and by that of the Provincial Assembly, there is no
doubt it has fallen upon said Abbot who commanded and authorised, and after
the fact ratified it : And I have pronounced that sentence of excommunication
against him and declare him unlosed therefrom. However, as lawsuits may be
everlasting, and should be put an end to, and I always would desire to embrace
those things which pertain to peace, and let it be my good fortune to fear a
fault where there is none, though I do not believe that the foresaid Abbot has
injured me in any way, however, incontinent after this appeal was issued and
intimated, I fixed a certain term for the said Abbot in writs signed with my
seal, and openly and publicly affixed upon the doors of the Church, to wit the
last day of the month of August in the Cathedral of Moray, to instruct regard-
ing the alleged grievance if he should please, and to hear the revocation of said
gi'ievance, if I have done anything or if aught has been done on my behalf, and
to consider then what had been done. At which day and place the Abbot though
long expected, and being often and publicly summoned, came not, either com-
pearing by himself or by a procurator, I caused revocation of this grievance,
if perchance I have inflicted any, to be made by word and in writing, and I
revoked and do revoke it with effect. Accordingly, certain letters of citation of
said process being exhibited and there read, set forth and published, which
casually and not without diligence I had found with the writers, I have given
command publicly that wherever they had found or knew where to find this
process or any part thereof, greater or less which can belong by right thereto,
they should give up and exhibit to said Abbot or his procurator a copy without
show of difficulty under pain of excommunication as in a certain public instru-
ment made regarding this is more clearly and specifically contained. And it
was because of my having denied, as he falsely asserted, a copy of this process
that he at first and principally appealed. By this revocation, so efficaciously
and lawfully made, it is evident that jurisdiction has been reserved to me to
proceed in said cause, jvist as if this aj)peal had not been interposed. Since,
therefore, an appeal may not be a chain of injustice, but rather a protection for
the innocent and oppressed, men should not have recourse from justice and
judge to frivolous appeal. As for this frivolous, malicious, and fictitious appeal,
which as it is clearer than light, however that the term thereof appointed by
law had completely elapsed, it contains not nor can contain the force, form, or
effect of an appeal. I have not, nor do I wish to accuse it, nor have I caused it
to be accused, because of the feigned, malicious, unti^uthful, and unavailing
reasons therein inserted, as the accusation of it, if so made, would redound
beyond doubt to the great loss and prejudice of churches, the cure of souls, and
even the persons of men, which cannot be tolerated, as we must not indu.lge in
evils, both justice and the order of law persuading otherwise. After having
also had in this matter the frequent and attentive advice of skilled i)ersons, I
have repelled and refused, do repel and refuse the reasons of appeal, as contrary
to law and reason, and as informal, useless, and unavailing, and I have caused
and decreed them to be repelled and refused, reserving this matter and business
as before in all things to my authority and ordinary jurisdiction, saving always
the reverence due to the Holy Apostolic See. And I have caused to be given,
and give these my letters patent, annexed to said frivolous appeal, under my seal
to said Abbot or his procurator in behalf of the apostles refutatory, and in room
thereof if they ought so to be styled, and I transmit it and said letters to be
presented to your Holiness. In testimony whereof to these presents for the
apostles' refutatory, as is above set forth, my seal is appended, together with
the subscription and sign of the within written Notary.
78 INVERNESSIANA.
^' . . . ■
XXXI.
ROBERT II. 1370-1390, PART THIRD.
Katharine de Spencer, daughter and heiress of the late
/Henry de Spencer, with consent of John Fulirwith, her
\J husband, grants to John, called Bosse, burgess of Inverness,
a yearly rent of two shillings upliftable furth of the tene-
ment on the east side of the Church Street of Inverness,
belonging to the heirs of the late Alexander de Marre. The
seal of Gilbert Waus, burgess of Inverness, and that of the
community of the burgh of Inverness, are attached as ^' she
had at present no proper seal of her own." The witnesses
are John de Kynkarne, Provost ; Thomas son of Henry,
Thomas son of Donald, and Thomas Pollock, bailies ; Bar-
tholomew son of William, John Scott, Symon Pistor, John
Ruary, Grillespic, Richard son of David, William Waus,
Ralph de Chapman, Michael Rechy, Walter son of William,
Michael Reid, Thomas son of John, Thomas son of Patrick,
Thomas Cuthbert, at that time clerk of the community, with
many others. It will be noticed liow very common the
name Thomas was, and that all the names with one or two
exceptions are Lowland.
In 1379, the King granted to his son, the Wolf of Bade-
noch, certain lands within the Sheriffdom of Inverness on
which the feu was payable at Inverness. The name of
Minigaig is now hardly kijown, but it included a section of
the Grampian range, watered to the north by the numerous
sources of the river Tromie. The person forfeited was
obviously a Comyn, and that connection is five hundred
years after still retained, for we find that the pass leading
into Athole by Gaick river, and its feeder the water of
Gairbh Gaick, is still known as Rathaid nan-Cuimeinach.
The other names Rene and Cragy were probably portions of
Minigaig. The Charter is as follows : —
Robert by the Grace of God, &c., to all good men of his whole realm, cleric
and laic ; Greeting : Know that we have given, granted, and by this our present
charter confirmed, to our beloved son Alexander Senescall, knight, Lord of
Badenoch, the lands of Minigge (Minigaig), Rene, and Cragy, with the pertinents
within the Sheriffdom of Inverness, which belong to us by reason of the escheat
of William son of Walter : To be held and had by the said Alexander and his
heirs and assignees of us and our heirs in feu and heritage, by all their right
marches and divisions, with all and sundry liberties, commodities, easements,
and their just pertinents whatsoever belonging to said lands, or which in future
can in any way justly belong, freely, quietly, fully, wholly, and honourably :
Giving therefor to us and our heirs, the said Alexander and his heirs and
assignees annually, one penny silver in name of feu farm at Inverness if asked
only, in lieu of all other secular service, exactipn, or demand : In testimony of
INVERNESSIANA. 79
which thing, to this our present charter we have commanded our seal to be
appended : These being witnesses — the venerable fathers in Christ, William and
John, our chancellor. Bishops of the Churches of St Andrews and Dunkeld ; John
de Carrie, our first-born Senescall of Scotland ; Robert de Fyff and de Menteth,
our son ; our beloved cousin William de Douglas and de Marr, Earls ; our beloved
nephew James de Lyndesay, and our cousin Alexander de Lyndesay. At
Methven, the 18th day of the month of Octobei', the 9th year of our reign. — 1379.
Upon the 20th of March 1379, the King granted the
following charter of subjects in Church Street and Gordon
Terrace, Inverness, to Robert de Appleton : —
Robert, by the Grace of God, King of Scots, to all the good men of all
his realm, cleric and laic ; Greeting : Know that we have given, granted, and
by this our present charter confirmed, to our beloved and faithful Robert de
Appylton, a certain passage within our Burgh of Invirnyss, lying in the street
which is called le Kyrkgate (Church Street), on the south side of said street,
'twixt the land of said Robert on the east side on the one part, and the land of
Stephen de Camera on the west on the other, together with a certain part of
our Castle-hill of Invirnyss, extending in length from the edifice of William
Pilche, Knight, even to the water of Nyss, and in breadth from the end of the
edifice of the said Robert up to the wall of our foresaid Castle : To be held
and had bj' the said Robert and his heirs, of us and our heirs, in feu and heritage,
throughout all their right meiths and marches, with all and sundry liberties,
commodities, easements, and just pertinents whatsoever belonging to said
passage, with the portion of Castle-hill foresaid, or which may in any way in
future belong, freely, quietly, and in peace ; Giving therefor yearly to us and our
heirs, the said Robert and his heirs three silver pennies : In witness of which
thing, &c. At Dundee, the 20th day of March, in the year of our reign the 8th.
For the witnesses we are referred to a previous entry.
Unfortunately, we know not which to select, as the entries
are not always according to date.
The name " Robert de Appleton" appears in several deeds
about this time, which circumstance indicates that he was
evidently a man of some position in Inverness or its neigh-
bourhood.
In 1380 the King was at Inverness, and on the 11th of
August confirmed a charter by Adam Pingile, burgess of
Aberdeen, in favour of Grod, the blessed Virgin Mary, all the
holy angels, and to a chaplain to perform divine worship for
ever in the Cathedral Church of Aberdeen, of the lands of
Folethrowle, in the barony of Kynedward, and sheriffdom of
Aberdeen.
The feuds between the Wolf of Badenoch and the See of
Moray are well known, but the following declaration under
the hands of a notary, dated 11th October 1380, gives a
minute account of certain disputes which for the time were
settled amicably. The subject of dispute appears to have
come in part before the king when he was at Inverness in
August, and while dispensing justice in the church of St
Mary's, before a numerous and influential assemblage. The
declaration to the effect that " the lands of the Bishop of
Moray in Badenoch are not held of the Lord of Badenoch"
is as follows : —
80 INVERNESSIANA.
In the name of God, Amen : Let all present as well as future know that
in the year of the Lord 1380, in the third indiction, on the 11th day of the
month of October, in the second year of the pontificate of Lord Clement, by
divine providence Pope, the seventh of that name, and in the tenth year of
the reign of the excellent prince, Lord Robert the Seneschall, by the like
providence King of Scots, second of the name reigning in Scotland, while the
illustrious man. Lord Alexander the Seneschall, Lord of Badenoch, son of our
said Lord Robert, and his lieutenant in the northern parts of the kingdom was
holding his court at " the Standing Stones" of Easter Kingussie, in Badenoch,
in the diocese of Moray, and while he was sitting as Lord, amid his vassals and
subjects, for the distribution of justice as was reported, and there were standing
by his tribunal the noblemen William de Camera, justiciary clerk of our Lord
the King, and secretary and seal-bearer of the said Lord Alexander, the Lords
Alexander Man, and Martin de Caldor, archdeacon and chancellor of the Church
of Ross, Robert de Apyltoun, burgess of Inverness, and other free-tenants of
Badenoch, and others who owed suit, following, compearance, or the service
attached to the Court of the Regality of Badenoch, and who were cited by John
Gray, a layman, mair of Badenoch, for said day and i)lace by command, by
means of the letters of the said Lord Alexander, whereof the tenor word for
word follows, and is to this effect : — Alexander Seneschall, Lord of Badenoch
to our beloved John Gray ; Greeting : Know that we have granted you i\i\l
power to cite all and sundry tenants who hold any land within the marches of
our Regality of Badenoch, by giving you special mandate by these presents in
the i^remises, and by having regard to whatsoever you shall cause to be lawfully
done as to the foresaids : Wherefore, for your strictly understanding, we command
you to cite the reverend father in Christ, Lord Alexander, by the grace of God,
Bishop of Moray at Logachnacheny,* in a lavpful place, and distinctly by himself
at Ardinche,f also at the Church land of Kingussie, at the land of the Chapel
of Rate,J at the land of the Chapel of Nachtan,§ at the land of the Bishop of
Kyncardyn, and at any and every j)lace, and by divers witnesses ; also at the land
of GartinenagallylT holding of him, at Kyncardyn holding of him : that they com-
pear before us at the Standand Stanys of Rathe of Kyngucy Easter, on the 10th
day of the month of October next to come, to show us by what evidents they
claim to hold said lands within the bounds of our Regality foresaid, there to
do what the order of law shall demand, and be thou there, having with thee
these our letters and the testimony of thy citation, according to the tenor of
this our command : In testimony of which matter, to these presents we have
commanded our seal to be appended at the Castle of Ruthven, the 14th day of
the month of July, in the year of the Lord 1380 : — The foresaids thereafter
compearing, suits are then called, and according to custom the court is fenced.
The reverend father in Christ, Alexander, by the grace of God, Bishop of Moray,
accompanied by a becoming retinue, directed his steps to the Court, and standing
without the Court, after silence had been obtained, modestly offered what
follows, speaking thus — Protestation being premised that because of this com-
pearance or any other things we shall say or do here, we do not mean to
acknowledge you illustrious man. Lord Alexander Seneschall, Lord of Badenoch,
as Lord Superior of the lands which our Church of Moray and we hold in
Badenoch, but since it has come to our knowledge that you, as it pleased you,
caused us to be cited in our said lands to this day and place, to show you how
we hold those lands, therefore we set forth for the information of all here
present, that we lately in the month of August last past, in the Church of St
Mary of Inverness before our Lord the King and the illustrious men the Lords,
the Earls of Carryk and Fyfe, sons of our Lord the King, the Lord the Earl of
Moray, the reverend father in Christ, Lord John, by the Grace of God, Bishop
* Logachnacheny. The Bishop's lands in the Parish of Laggan, which Parish being
dedicated to St Kenneth, is frequently termed Laggan Kenneth.
t Ardinche. The lands belonging to the Bishop near Loch Insh. The height on
which the Church stands is Ardinche.
X Chapel park, in the Parish of Alvie, a part of the estate of Raitts, the Chapel being
dedicated to St Molochus. The Bishop of Brechin in his valuable " Kalendar of
Scottish Saints" says the "original name is Lugaidh, pronounced Lua, with the endear-
ing suffix oc and the honorific mo"— hence Moluoc ; but he omits in his enumeration of
churches dedicated to the Saint, upwards of a dozen, this Chapel at Raitts. Shaw in
noting the Chapel, very incorrectly terms it Maluac. St Molochus' day occurred on
25th June.
§ St Drostan's Chapel, Dunachton.
H Garten in Abernethy.
INVERNESSIANA. 81
of Dunkeld, Chancellor of Scotland, John Lyonne, Chamberlain of Scotland,
Thomas de Erskin, Hubert de Cheshelm, Knights, and many others, disclaimed
you Lord Alexander and your court, and acknowledged our Lord the King, and
now here again wc say and show that we and our Church of Moray hold said
lands — viz., of Eatmorcus, Logykeny, Kingucy, Inche, Ardinche, and of the
chapels of Rate and Nachtan, and the land of Kyncardyn, and of whichsoever of
these, of our Lord the King of Scotland ; and we deny we hold these lands
or any of them of you ; and so disclaim you and your court, and invoke and
acknowledge our Lord the King and his court, and as regards these we seek as
witnesses you Lord Alexander and all here standing, and thee notary that hereon
thou give us a public document. The said Lord Alexander replied that since he
was requested he would accordingly willingly afford testimony to these matters
as they did not stand in the way. Lord Alexander then caused the said Lord
Bishop to be called in his court to answer for said lands, the Bishop then returned
into court from which he had not gone far, and when silence was obtained, gave
pledge in the hand of the said Lord Alexander, not as Lord of Badenoch, but as
Sheriff of Inverness, that by the force of the disclamation made, he was bound
to refrain fi'om further process against him and his Church, and from sentence,
judgment, decreet, recognition of said lands, looinding, or any other mode of
distraining. The said Lord Alexander refused to accept of said j)ledge. The
Lord Bishop then carried said pledge in defect of the Sheriff of Inverness, and
offered it to the said William de Camera, justiciary clerk of our Lord the King as
King's minister, and the said William also refused to accept it, and as there was
no other royal minister present, the said Lord Bishop extended said jsledge to, and
found caution in the hands of Robert de Galbrath, macer of our Lord the King,
there present, who accepted the pledge, and thereupon the said Lord Bishop
withdrew a short space from the court. As Lord Alexander still continued the
process against him, he again returned to the court and reiterated the disclama-
tion formerly made with the pi'eceding protestation and extension of the pledges
offered by him, and which were likewise repelled by the said Lord Alexander
the Seneschall, as Sheriff of Inverness, and by the said justiciary clerk of our
Lord the King in face of the court, and of Patricius de Crautord, Sheriff of
Banff, who recently had entered the court, as he said, after the foresaid griev-
ances had been inflicted upon the said Lord Bishop, and offered, and produced
caution in his hand as a minister of the King though of another territory,
Patricius also refused to receive said i)ledge. And as afterward in said court
there was passed a certain judgment or decreet against said Lord Bishoi), for
taking sasine of foresaid lands, with the exception of the land of Rathmorcus, in
the hand of the said Lord Alexander, the Bishop returned to the court and
thrice warned and inhibited any servant of the said Lord Alexander from going
to said lands to seize, recognosce, or attempt any other thing to the prejudice
of the royal crown and regal dignity and jurisdiction, or to the hurt of his
privilege, and that of the Church of Moray, under pain of all which, as against
our Lord the King he could lose, and under the threat that he would proceed as
severely as possible by law and custom against any such invaders of ecclesiastical
matters and sacrilegious, and as j)lunderers and violators of the royal and
apostolic protection, by every mode of church censure and by all other ways.
Upon all which matters the said Lord Bishop sought of me notary within
written a liublic instrument to be made for him, and for this called as witnesses
the said Lord Alexander and all the forementioned persons and the whole court
itself, and thereupon retired. Now on the morrow, to wit, the 12th day of the
month and year foresaid, before noon, there were assembled together, in the Castle
of Ruthven, in Badenoch, in the diocese of Moray, in the first instance in the
chapel, and afterward in the great chamber behind the hall, the said reverend
father in Christ, Lord Alexander, by the Grace of God, Bishop of Moray, and
the said Lord Alexander the Seneschall, Lord of Badenoch : and while they were
talking together regarding said process transacted on the day previous against said
Lord Bishop, atidof the judgment or decreet given in the court then held, and the
Bishop was accusing Lord Alexander and his assessors and advisers of the
iniquity, nay rather of the nullity of that process and judgment or decreet, and
while many things were being said on both sides. Lord Alexander at length fully
informed after having i^reviously had a consultation with his council, of whom
there were present at the time, Patricius de Crauford, William de Camera,
Alexander Man, Martin de Caldor, and Robert de Apylton above written, and
Lord William de Fodryngham, knight, who had just lately come to Lord
Alexander, by the unanimous advice of these revoked and annulled his whole
process, and said judgment, or decreet passed, or issued in court, as incautiously
passed and issued, so far as they had proceeded from fact, and held it and.
L
82 INVERNESSIANA.
desired it to be held for himself and his successors, the future Lords of Badenoch,
as revoked and annulled, nay rather as none of his and not done by his judge :
In token of which the said Lord Alexander caused the whole process with the
deci-eet to be torn from the roll of that day's court by the said William de
Camera, his secretary and seal-bearer, and to be given to me the within written
notary to be burnt ; which process with the decreet, I the within written notary,
in presence of said Lords, the Bishop and Alexander, and of the others next
after named, by command of Alexander himself, and in presence of Lords
Robert de Sancto Claro, the Dean, and Alexander of Urchard, a canon of Moray,
John Grey, vicar of Artildol ; Gilbert, Patricius, and Donald, perpetual vicars of
Kingussie, Logykeny, and Kyncardyn ; Richard, son of William, a chaplain ;
Gilbert de Glencharny, Lord of that Ilk, Andrew Faucounere of Lethinvar, and
Hugh de Ros of Kylrawoc, Barons ; Malcolm le Graunt, David Reede, John
de Brothy, Thomelinus Herys, Ferchinus, and many others, cleric and laic,
placed with my own hands in a large fire kindled in said chamber to be burnt,
by sjiecial command of both parties, and together with all the foresaid persons,
saw devoured and consumed by fire in token and continual memorial that the
Lords of Badenoch cannot demand, or in future ask for anything of the Bishop,
or Church of Moray in respect of foresaid lands. Upon all which the Lord
Bishop sought of me notary within written a public instrument, or public instru-
ments to be made for him. In stable and undoubted testimony of all which to
the present letters reducted into the form of a public instrument, the said Lord
Alexander Seneschall caused his seal to be appended : Given and done as above in
presence of the witnesses named. And I, William de Spyneto, a cleric of the
diocese of Moray, notary public by imperial authority, was engaged, together with
the foresaid witnesses in all and sundry the premises, while as is before set
forth they were being acted and done, and so I saw and heard these things done,
and from another writ I have reduced them into this form and have signed in
testimony of all the premises with my sign and usual subscriiition.
XXXII.
ROBERT II. 1370-1390, PART FOURTH.
The King appears to have been at Inverness for several
days during the month of July 1382, and to have granted
various charters connected with the affairs of his son,
Alexander, the Seneschal (Wolf of Badenoch), who had
married the widowed Countess of Ross. The first of these
relates to the Barony of Kinedward, and is as follows, being
dated 22d July : —
Eobert, &c. : Know that we have given, granted, and by this our present
charter, confirmed to our beloved son Alexander, the Senescall, Lord of Badenoch,
all and whole the barony of Kynnedward, with the pertinents, within the
Sheriffdom of Aberdeen, which barony, with the pertinents, our beloved cousin
Eufamia, Countess of Ross, induced neither by force nor fear, nor having fallen
in error, but of her own pure and free will, by staff and baton, did freely give
up, and purely and simply resigned to us, &c. : To be held and had by the
said Alexander and Eufamia, and the longest liver of them, and the heirs lawfully
procreated 'twixt them, whom failing, to the heirs lawful of the said Eufamia
whomsoever, of us and our heirs in feu and heritage, by all their right marches
and divisions, &c., with tenandries and services of free-tenants, and advocations
of Churches, &c. : Doing therefor to us the services used and wont : In testi-
mony of which thing, &c. At Inverness, the 22d day of July, in the 12 year of
our reign, 1382.
INVERNESSIANA. 83
The King, at Inverness on the 24th day of July 1382,
granted to the same parties the Thanage and Castle of Ding-
wall in these terms : —
Robert, by the grace of God King of Scots, to all good men of his whole
realm, cleric and laic ; Greeting : Know that we have given, granted, and by
this our present charter, confirmed to our beloved son Alexander Sexiescall, Earl
of Buclian, and Eufamia, Countess of Ross, the thanage of Dyngvalt (Dingwall),
with the castle and pertinents, which thanage with the castle, the said Eufamia
induced neither by force nor fear, nor led by error, but of her own pure and
free will, by staff and baton, gave up, and pu^rely and simply resigned to us, &c. :
To be held and had by the said Alexander and Eufamia, and the longest liver of
them, and also to the heirs lawfully procreated 'twixt them, whom failing, to
the heirs lawful whomsoever, of the said Eufamia, of us and our heirs in feu and
heritage, kc, with tenandries and services of free-tenants, and with all and
sundry liberties, commodities, easements, and just pertinents whatsoever
belonging to said thanage and castle, with the pertinents, or which in future
may in any way belong : Doing therefor the services used and wont : In witness
of which thing, &c. At Inverness, the 24:th day of July, in the 12th year of our
reign, 1382.
Upon the following day, also at Inverness, the King granted
to his son and daughter-in-law the following charter : —
Robert, &c. — Know that we have given, granted, and by this our present
charter confirmed to our beloved son, Alexander Senescall, Earl of Buchan, and
Eufamia, Countess of Ross, the baronies or Lordships of Skye and Lewes, all
the lands in Caithness and Sutherland, all the lands within the Sheriffdoms
of Nairn and Inverness, all the lands within the bounds of Athole and Sheriffdom
of Perth, the barony of Fythkill with the pertinents, within the Sheriffdom of
Fife, all lands within Galloway, the lands of Forgrundtheny and Kinfawnys,
within the Sheriffdom of Perth and the thanage of Glendorachy, and the lands of
Deskford within the Sheriffdom of Banff, which belonged to said Eufamia by
heritable right, and which she, neither induced by fprce nor fear, nor led
astray by error, but of her pure and free will, by staff and baton, gave up
and iDurely and simply resigned to us and all right, and claim, &c., and has in
every way quitclaimed for ever : To be held and had by the said Alexander
and Eufamia, and the longest liver of them, and the heirs lawfully procreated
'twixt them, whom failing to the lawful heirs of the said Eufamia, of us and our
heirs in feu and heritage, by all their marches and divisions, &c., with tenandries
and services of free-tenants, and advocations of Churches ; also with all and
sundry liberties, commodities, easements, and their just pertinents whatsoever,
belonging to said lands, or which may in future belong thereto, &c.. Doing
therefor the services used and wont. In testimony of which thing, &ic. At
Inverness, 25th July in the 12th year of our reign, 1382.
He also confirmed at Inverness on the same day the resigna-
tion by the Countess of Ross to her husband, of the earldom
of Ross, in these terms : —
V
Robert, &c., to all good men of his whole realm ; Greeting : Know that we ^
have approved, ratified, and by this our present charter confirmed that donation
and gTant which our beloved cousin, Eufamia, Countess of Ross, made and
granted to Alexander, the Senescall, Earl of Buchan, our beloved son, of the
Earldom of Ross, with the pertinents : To be held and had by him for the whole
term of his life, in and by all, as the charter of our said cousin made to him
thereanent in itself justly contains, and proports : Reserving our service : In
testimony of which thing, &c. At Inverness the 25th day of July, in the 12th
year of our reign, 1382.
The following charter by the King of lands in Urquhart
and Glenmoriston to his son is without date, but was pro-
bably granted at the same time as the preceding charters.
The Reddendo is payable within the Castle of Urquhart : —
84 INVERNESSIANA,
Robert, by the grace of God King of Scots, to all good men of his whole realm;
Greeting : Know that we have given, granted, and by this our i^resent charter
confirmed to our beloved son, Alexander, Earl of Buchan, a half davoch of the
land of Invirmorsyn (Invermoriston), with the fishing and park, a fourth part
of Blary, three-fourth parts of Inchebrenys, with a fourth part of Lochlettre,
and one-foui-th part of Dalshanghy, with the pertinents within the Sheriffdom
of Inverness, and which lands, with the fishing and ]Dertinents foresaid, belonged
to Robert de Chisholm, knight ; and which said Robert gave up and resigned
to us ; To be held and had by our said son, his heirs and assignees, of us
and our heirs in feu and heritage, by all right marches and divisions, freely,
quietly, and wholly, with all liberties, commodities, easements, and just pertinents
whatsoever : Paying therefor, the said Alexander our son, and his heirs, to us and
our heirs, annually one penny silver, in name of blench-farm, at the Castle
of Urquhart, if asked.
The Bishop of Moray, who had a troubled see, harassed
on the one hand with powerful barons, and on the other by
grasping titulars, feeling aggrieved at being summoned to,
and thereby held as a subject of the Sheriff Court of Inver-
ness, promulgated the following appeal, entitled : —
Appeal from the Judgment of the Sheriff Court.
Be it known to all, that we, Alexander, by the grace of God, Bishop of
Moray, appeal from the judgment given against us as said is, in the Court of
the Sheriff of our most excellent Prince, Lord Robert, by the grace of God,
illustrious King of Scots, held at Inverness on the 6th day of the month of
October, in the year of the Lord 1383, last past, to the Court of the Justiciar
of our said Lord King, in the matter regarding our giving suit at the said Court
of the Sheriff, and pronounce the judgment null ; And if the judgment ought
to be pronounced, it is in itself rotten and corrupt, for this reason, because from
the time of the beginning of which men have no remembrance and to the
present, the continuous Bishops of Moray, our predecessors, have been and
were, and we, during our time, have been, and are now, (saving the present
controversy), in full and peaceful i)ossession of the privilege of not giving such
suits, with the knowledge and toleration of the late Catholic Princes our Lords,
Kings of Scotland, and of our present Lord King, and of the Sheriffs of Inver-
ness, who have for the time been, and if anything was ordained regarding this
matter, by the non-use, and through contrary acts, with the permission and
tolerance of the Prince, and of his servants, and the lapse of time, it is, and
has been removed ; and for other reasons to be urged at time and place ; for
which we protest : In testimony of which appeal our seal is appended to these
presents, which are to be handed to the Lord Sheriff of Inverness or his
Depute. Given at Spyny, the 5th day of November, in the year of the Lord, 1383.
He also issues the following procuratory for serving his
appeal. From the procurators being directed ^^ to go to the
chief house of our said Lord the King at Inverness, and
there publish our said appeal," &c., it is obvious that by
this time the Castle had been rebuilt, and then occupied in
the King's name. The procuratory letter is as follows: —
Know all, that we Alexander, by the grace of God Bishop of Moray, make
and appoint our beloved and discreet men Lords John de Sancto-Clare (Sinclair)
prebendary of Croy, Eustachius of Inverness, canons of our Church, Adam Wyff
and Thomas de Marr, our servants, and each of them in whole, so that the
condition of the occupant be not better, but what one of them shall begin,
the other may pursue and accomplish, our procurators and attorneys for pre-
sentation and publication to Lord William de Fodryghame, acting in room of the
Sheriff of Inverness, or his depute, of our appeal interponed by us against the
judgment given against us, as said is, in his Court held at Inverness the sixth
day of the month of October last past, regarding the suit to be made by us
to said Court, and to find pledge in the hand of said Sheriff, his depute or
mair, and also in the hand of the Justiciar of our Lord the King, or of any other
of his servants, which said judgment given against us on said day and place.
INVERNESSIANA. S5
and regarding said suit, was and is bad and false : And in absence of the
foresaids to go to the chief house of our said Lord the King at Inverness, and
there publish our said appeal, before witnesses, and to protest that our right
shall in no way suffer through their absence, and to do all other and sundry
which shall be proper regarding the premises, and we promise that we hold valid
and stable everj^thing that shall be done in the premises by them, or one of
them. Given under our seal at Spynie, the 5th day of November, in the year of
the Lord, 1383.
How tlie Bishop compounded differences with Lovat will be
seen in our next.
XXXTII.
ROBERT II. 1370-1390; PART FIFTH.
Bishop Alexander, at Inverness, upon the 30th of Nov„
1384, made the following agreement with Hugh Fraser^
Lord of Loveth, with regard to the lands of the latter held
of the Bishop, in the Aird. By this agreement Lovat bound
himself, and gave his word of honour that he would be a
good friend and faithful to the Bishop, and his subjects,
particularly to those of Kinmylies. Probably at this early
period the Lovats had an eye to Kinmylies, though they do
not appear to have got any charter to it for two hundred
years after. ^ .
The agreement is as follows :— ^^- ^^' ^^^
Be it clearly known by this authentic writing, that in the year of the Lord
1384, and on the last day of the month of November,it was agreed upon between
the reverend father, Lord Alexander, by the Grace of God, Bishop of Moray,
on the one part, and the noble man, Hugh Fresel, Lord of Loveth, on the
other, viz. : — that the said Hugh without any further delay, or allegation of any
kind of danger, whether of war or of any other event whatsoever, from the
day of the contingent comi)letion of these presents, shall pay to the foresaid
Lord Bishop twenty j)ounds sterling of usual money, at the Feasts of Pentecost
and St Martin next to come, by eqiial portions, and over and above that sum,
fifty shillings at the Feast of St Martin foresaid : Surrendering altogether all
the debts both of the annual rents of Kyntallirty, Ess, and Munichok (Moniack),
and of the teind-sheaves of Vardlau due by the said Hugh for the terms and
seasons bypast, with this addition, that he shall offer no impediment from
that time because of any contingent danger, whether of war, or of any other
event whatever, but from that time he, freely and fully satisfy for the annual
rent due by him for Kyntallirty, Ess, and Munichok, and also that for the rest
no impediment shall avail, either for himself or his, whereby the said Lord
Bishop may not freely, according to the pleasure of his free will, dispose of his
tithes of Yardlau : And moreover the foresaid Hugh has granted and obliged
himself, having given his word of honour, that he will be a good and faithful
friend to the foresaid Lord Bishop, to all his subjects and possessions, and chiefly
to the two towns of Kynmylies, and shall not offer molestation, or hurt, either to
them or to any other of his whole lands wherever situated, nor permit as
nauch as he conveniently can, any to be offered by his own subjects or others,
and he shall faithfully and efficiently give his assistance to obtain redress for
the losses that have been, or may be inflicted, on said subjects : And if it happen
that he fail in payment of said sum of money, and of the annual rent at fore-
said terms, or offer an impediment, at any time, to the levying of the tithes
S6 INVERNESSIANA.
of Vardlau, the whole sum now due and remitted shall revive and be of avail
in the state in which it now is, as if there had been no remission granted : The
foresaid Hugh has also obliged himself that he will give all due diligence to
recover that portion of the annual rent of Kyntallirty and of le Uss which per-
tains to the part of the foresaid lands of Kyntallirty belonging to the noble
man William de Fenton : And for the faithfully observing of these things the
foresaid parties have to the present writing each appended his seal, and have
confirmed the same with holy oath. Given at Inverness, day and year aforesaid.
In April 1385, at a General Council, David, Earl of
Strathern, son of King Robert, complains of his brother,
Alexander the Senescall, Earl of Buchan, that he occupies
the Barony and Castle of Urquhart to his prejudice. The
matter is referred to amicable arrangement, failing which,
it is to be taken up at the next meeting of Council, with
continuation of days.
Among other matters before the Council, the Earl of
Carrie is to go to the northern parts to see justice done,
'' because there is heavy and frequent complaint by prelates,
nobles, and very many of the community of the kingdom of
the want of justice in the upper and northern parts, that
many evil-doers and Ketherans (broken men) wander about,
congregate and shelter there, who by killing, plundering,
and burning, lay waste and cruelly consume clergy and
laity."
This same year a tragic event occurred at Inverness, which
is thus narrated in the ^' Red Book" of Clanranald : — " It was
Donald the son of Angus, that was killed at Inverness (by
his own harper, Mac-i-Cairbe), son of John of the Isles, son
of Alexander, son of Donald, son of John, son of Angus Og."
Upon the 2d day of February 1386, the Bishop of Moray
and Alexander the Seneschal, met within the house of
Thomas, son of John, burgess of Inverness, and entered into
the following agreement regarding the lands of Rothie-
murchus and others. It is entitled computation made
between Lord zUexander the Seneschal, and Lord Alexander
Bishop of Moray — and is as follows : —
Memorandum that on the second day of the month of February, in the house
of Thomas son of John, burgess of Inverness, in the year 1386, a reckoning
being made between the Great Lord, Alexander the Senescall, Lord of Badenoch,
on the one part, and Lord Alexander, Bishop of Moray, on the other, regarding
the rent of E-atraurchus and the annual of Culnecavil (Coulnakyle) within the
barony of Abernethy : All things being reckoned and allocated, the foresaid
Lord Alexander remained debtor to the foresaid Lord Bishop in 11 merks, of
which five merks were gifted and remitted, and for the six merks satisfaction
had been made to the foresaid Lord Bishop. Concerning other things pending
'twixt them nothing was then done, as for instance regarding the tithes of the
justiciary and sheriff-courts held in his time, nor regarding the sixty shillings
due for the tithes of the three Fynlarigs which John Gray, Constable of
Euthven, received. Item memorandum that from the time of the death of
Christin M'Crath till the time in which Lord Alexander entered to the Barony
of Abernethy, nothing has been allocated.
The Countess of Ross, being ill-treated by her second
INVERNESSIANA. 87
husband, separated herself from him. By sentence of the
Bishops of Moray and Ross pronounced within the church
of the Preaching Friars of Inverness, on 2d November 1389,
she was ordained to return under certain safe-guards, the
Wolf finding as his securities, Robert Earl of Sutherland,
Alexander de Moravia of Culbin, and Thomas de Chisholm.
The sentence is as follows : —
In the name of Christ, we, Alexander and Alexander by the grace of God,
Bishops of the Churches of Moray and Ross, diocesans and judges ordinary of
the parts underwritten, sitting in the judgment seat, and having God alone before
our eyes, by the advice of skilled men with whom we have been in communi-
cation as to all these matters, having heard and understood what each party wished
to offer against the other, and having considered the mode of procedure, pronounce,
decern, and declare by this writ, that Lady Eufamia, Countess of Ross, must be
restored to Lord Alexander, Senescall, Earl of Buchan and Lord of Ross, as
her husband and spouse, together with her possessions : And we have restored
her as far as by law we can, to be treated honouraby with matrimonial affection
at bed and board, in food and raiment, and all others according to what becomes
her station ; and that Mariota (Marion) daughter of Athyn must be sent away ;
and we do send her away as far as by law we are able ; and that he shall not
hereafter dismiss her (the Countess) : And since the foresaid Lady Eufamia,
the Countess, alleges fear of death and of his men, slaves,
nobles and others, the said Earl shall find and deliver to us by way of surety,
the security of great and notable ipersons, and that under penalty of two
hundred pounds, that he shall treat the said lady becomingly as is above said,
without the fear of death, and shall not in any way surround her with his
followers, slaves, nobles, and others contrary to common law ; In testimony of
which our seals are appended to these presents : This our sentence was read,
published, and pronounced in this writ in the church of the Preaching Friars of
Inverness the 2d day of the month of November in the year of the Lord 1389 :
Present the great (magnifico) man, Robert, Earl of Sutherland, and the religious
man, Adam, abbotof Kinloss, Masters William de Spyni and William deDyngwale,
deans of the churches of Aberdeen and Ross ; William de Chesholme, treasurer
of Moray, Maurice de Stratheryn, archdeacon of Dumblane, John de Sancto
Claro, a squire, and many other witnesses specially called to the premises : And
the said Lord Alexander then personally constituted, promised, and faithfully
undertook to perform and fulfil the premises all and sundry enjoined on him by us,
tinder the penalty foresaid, and to this end gave us as sureties the said lord, Earl
of Sutherland, Alexander de Moravia, Lord of Culbyn, and Thomas de Chesholm,
then present, and consenting to pay to us foresaid penalty when and how often
he, which God forbid, would come or do anything against the premises or
any of them : Given and done as above and before the above-named witnesses.
L
XXXIY.
ROBERT II. 1370-1390. PART SIXTH AND LAST.
In this reign, and in the year 1386, was fought the battle
of Invernahaun, in the county of Inverness, still an im-
portant theme among Gaelic-speaking people, and regarding
which so many anecdotes are current. The burn where, at
its affluence with the Eileach, the Mackintoshes encamped
after the first day's combat, in Strath-an-Eileach of Kin-
gussie, is known to this day as Ault-Reidh-an-Toiseaich.
88 INVERNESSIANA. ,
Where the leader of the Camerons fell on the following day-
is the well known Clach-Thearlaich, by the water, and in
the corry of the same name. The section which fled by Loch
Errochtside, hotly followed by the Clan Yurich, forming a
sudden rally, cut ofl the head of one of the Macphersons, a
man either of dark complexion, or so designed by his resi-
dence. This occurred at a little streamlet near Dalinlongart,
termed Ault-a-ceanndhu. He was the last who fell, the
pursuit having there ended.
Besides his troubles with the Wolf of Badenoch, the
Bishop of Moray had many and serious differences with the
Earl of Moray. These formed the subject of reference to
the Earl of Fife, guardian of the kingdom, afterwards the
noted Duke of Albany, flis decision was pronounced within
the Church of the Preaching Friars of Inverness, on the
28th of October 1389. In the pages of our great novelist,
two men, one in Scottish and the other in English history,
stand out prominently as villains without a redeeming
feature, viz., Ramorney in " The Fair Maid of Perth," and
Varney in " Kenil worth." In the deed after quoted,
Ramorney, then an esquire, is found in the train of the
Lord Guardian.
Among the complaints of the Bishop against the Earl of
Moray, was that of encouraging robbers to enter and waste
his lands. This was a mean, but far from uncommon device
on the part of great Lords, such as Huntly, Montrose, and
Argyle. They were themselves too close to the seat of
Government, and so within reach of the law, that it would
have been dangerous to act openly. It was in this odious
form that nigh three hundred years after this period, so late
as 1634, the Gordons revenged the ^'burning of Fren-
draught," so that, as related in a manuscript of 1720, " the
Crichtons of Frendraught which once possessed three
parishes, Forgue, Inverkeithing, and Aberchirder, were by
these inroads of their enemies reduced to poverty, and in
seventy years were stripped of all and extinguished."
Follows the arrangement betwixt the Bishop and the
Earl of Moray :—
Arrangements for amending the complaints of the Bishop of Moray against the Earl
of Moray, and of the Earl against the Bishop> by the Lord Guardian of the
Kingdom with advice of his Council.
This indenture testifieth that on the vigil of the Apostles Simon and Jude,
(28th October), in the year of the Lord 1389, in the Church of tlie Preaching
Friars of Inverness, it is ordained and determined by the illustrious man, Lord
Robert, Earl of Fyff and Meneteth, guardian of the Kingdom of Scotland and
his council, both in virtue of his office and by reason of the submission of the
Lords, the Bishop of Moray on the one pax-t, and the Earl of Moray on the other,
in the form which follows, concerning all and sundry accusations, actions, com-
plaints, lawsuits, and controversies, real and j)ersona], moved or arisen betwixt
INVERNESSIANA. 89
thein even unto this day : First, that the kiss of j)eace being exchanged, they on
both sides foi* the rest, be and continue true, firm, and cordial friends, and that
none of them by himself, or his, vokmtarily do injury to the otlit-r, and if this
happen by chance, he who has suffered injury shall require the jiarty injuring to
make amends, and though the latter may not be willing to atone, the former shall
not take vengeance, but refer the matter to the said Lord Guardian, or to our
Lord the King, who shall cause this to be atoned for : Item— Thiit the order of
certain arbiters between the said Bishop and Earl, the order of which arbiters
hereafter follows, be strictly and faithfully observed in all its i^oints and articles :
And as to the case of Lossy, it is ordained that if time permit, an assize be
chosen from the lands of the Realty and Kegality, together with others trust-
worthy, in presence of the Lord Guardian, which assize shall determine who last
was true and lawful possessor, and he shall possess ; and if because of occupation,
the said Lord Gxiardian shall not be able to cause a vacancy, he himself shall
give another judge capable of executing his own order : As to the case of the
indignities offered to the Bishop by the Earl, by order of the Guardian, the
Bishop has jjurged himself therefrom, and he has held the Bishop excused that
he made comislaints for the injuiies inflicted upon him : As to the case of
following the Earl's standard, as it touches in iDax't our Lord the King, it is
ordained that both parties ought to compear at the next general council, or in
Parliament, to undergo the determination of the general council of our Lord the
King : As to the Kethrans (broken men), it is enjoined the Earl, that he purge
himself for their introduction, to the loss of the Bishop ; and because they (the
Kethrans) have not indemnified him according to his command, and he has
purged himself therefor, he is commanded to aj^point officers, wise and
just men, to execute justice upon the evil doers : Item — The servants of the
Earl are not to take fish from the Bishop's fishers against their will, nor compel
them to sell to themselves for less than to others, and they are to give satis-
faction for what has been, and may be bought : Item — The Earl is not to
intei'fere with cases belonging to the church court, nor usurp nor hinder the
jurisdiction of the Bishop in wills or others : Item — That all the annual rents
due to the Bishoj) from the lands of the Earl, for the terms and years bypast, be
l^aid him at that feast of St Martin in winter that shall now next come, and
that he satisfy him and his for all losses before the feast of the purification of
St Mary next following thereafter. Follows the order of ai^biters as to the com-
2olaints of the Earl against the Bisho20 : First as to the town of Cuthilf eld, let a
perambulation be made with common consent of the Lords : For this, that
the Bishop caused the men of the Earl to swear before Lord Alexander, the
Senescall, &c : Since he has done this for the better he shall not be punished :
And, for this, that it is said that he excommunicated the squires of the Earl on
account of a robe : The Bishop denies, but let him refrain from such things
in future ; Regarding the process against those who captured the lord treasurer,
&c. : The Bishop has not done enough by excommunicating, but he ought also
to have imposed an interdict : As to the sustentation of the manors in the
canohry, and the non-resident, let the Earl make provision as before, and let
him chiefly demand it for the repair of the church and non-residence, when
the Bishop and the chapter (do) this : As to those coming to the water of
Petgavny, if it can be proved let the Bishop atone and cease for the future :
For the slaughter of David de Berclay, let the Bishop purge himself, and he
in presence of the said Lord Guardian and his Coimcil, with the Lords Bishops
of Ross, Caithness, and Abbot of Kinloss, and many others, for this (made)
solemn x^ui-gation : Item —The Bishop may compel those who defile the Church
of St Egidius to give satisfaction by reconciliation, and let the Bishop restore to
the burgesses the money received from them for this purpose : Regai'ding the
boy of Peter Grame, the Bishop is without fault. Folloivs the order of the
arbiters regarding the comjylaints of the Bishop against the Earl : First, Let the
Earl cause all those, whom he says and aj)proves to be his, to answer and abide
the law to the Bishop and his, for the losses inflicted by them, or let the Earl
himself give satisfaction for them : Item — Let the servants of the Bishop
distrain and poind the lands of the Earl for the annual rent, and let them take
the poinds to the lands of the Bishop ; as the arbiters have seen the evidents
of King Alexander for this course, and let the annual rents of the time bypast
be restored to the Bishop : For the annual rent of Muthes satisfaction is made
by the Earl to Lord Alexander, the Senescall, and let the Bishop seek frOm him :
Regarding the corn of Dolesbrachti, let the Earl satisfy the Bishop, if he has
not satisfied Lord Alexander, for said corn : Regarding the rents of the tithes
of the Churches of Elgin, Dyk, and all other tithes, let the receivers and
debtors be compelled by the Bishop to pay : As to John de Pylmur, let him
M
90 INVERNESSIANA.
satisfy the Bishop for the malt taken away from the Mill ot Grange : Let the
Earl compel Alexander de Greenlau to satisfy the burgesses for the tithes of
Levynyshalch, and let the burgesses satisfy the Lord Bishop : Let Haugand
Schaw and William Cocas give satisfaction for the losses of Auchonkeny, for
Avhioh the Lord Treasurer will be responsible : As to the Friars of Mala Villa,
let the Earl commit the cause to some good man who shall do justice to the
Bisliop and others complaining of them : The same course is to be pursued with
regard to Henry Grame, Alexander Grenlau, Slorach, John Bard, and Kobert
Ciaufurd. Item — That the immunity and decency (honestas) of the cloister and
chauonrj'must be observed, and neither the Earl, his friends, nor guests may stable
horses, nor seize the houses, nor break open nor burn the gardens of the
Canons. Item — That the Earl's chaplain may not hereafter receive the excom-
mindcated to the Sacraments in his Chapel, nor others to the prejudice of
mother Church, and that he restore all offerings to the parish Church : James
de Jonystoun must satisfy the wounded William Swan : As to John Eraser, the
friend of Hugh Eraser, let the Earl cause him to make amends to Thomas of
Kirktoun : Kegarding the horses of the Earl, let them not hereafter be sent
into the lands of the Bishop : The oxen, horses, and other property of the
Bishop's men, taken at the time of the fair of St Egidius, are to be restored :
Noblemen in quest of corn or other goods are not hereafter to beg for it, nor
labour to this end ; or let them send among the husbandmen : As to the 40s
received by Symon Faber, let the Earl cause him to restore them : Ysaac de Forp
must be given up to the Bishop, and let him execute justice upon him : As to
Alexander M'Caneny, if he can be found within the Kegality, let a pledge be
found, and let the Earl do justice : As to the tithes of the Canons and clerics,
the Earl must henceforth leave them, and neither intromit with them himself
nor by his : Moreover, these things above written, all and sundry, the foresaid
Lord Earl with his Council, commanded and oidered to be fulfilled and faithfully
observed by the said Bishop and Earl and theirs, under the i^ain of £200 of
usual money, to be applied without remission to the fabric of the Church of
Moray, when and as often as anything should be done contrary to any of the
premises : In testimony of all which, to the part of this indenture to remain
with the Bishop is affixed the seal of the said Lord Guardian, together with the
seal of the said Lord Earl of Moray ; and to the part to remain with the said
Lord Earl is affixed the seal of the said Lord Guardian, together with the seal of
the Lord Bishop foresaid : These things are done as above said ; present the
reverend fathers, Lords Alexander and Alexander, by the grace of God Bishops
of the Churches of Ross and Caithness ; Adam, Abbot of Kinloss ; the noble
Lords, Lord John de Swintoun, Lord of Marr ; David de Lyndesay, James
Fraser, Alexander de Lyndesay, Alan de Herskyne, John de Haya, George de
Lesly, Thomas Sybald, Robert de Levynyston, John de Lyndesay of AYalhope,
and John Brune, knights ; John de Ranmorgeny, Walter de Tulach, William
de Camera of Abyrden, squires ; and many other witnesses to the premises.
XXXV.
ROBERT III. 1390-1406. PART FIRST.
Eobert III. liad hardly succeeded to the throne, when his
brother, the Wolf of Badenoch, capped all previous evils
done to the Bishop of Moray, by the destruction of the
Cathedral. The Wolf is known to this day among Gaelic-
speaking people as Alasdair Mor.
This event occurred in June 1390, and is briefly noted in the
Chartulary of Moray, under the head of " Quedam Memora-
bilia," in these terms : —
INVERNESSIANA, 91
In that year, before said Coronation [that of Robert III.], the followers of Lord
Alexandei', the Senescall, son of the deceased King, in the end of the month of
May burnt the town of Forres, and the choir of the Clmrch of St Lawrence,
and the manor of the Archdeacon within the town, and in the month of June
following, on the feast of St Botulph the Abbot, in the presence of the said Lord
Alexander, they bnrnt the whole town of Elgin and the Church of St Egidius
therein, the House of God near Elgin, eighteen noble and beautiful mansions
belonging to the canons and chaplains, and which must be more bitterly deplored,
the noble and beautiful Church of Moray, the miiTor of our native country and
the honour of the kingdom, with all the books, charters, and other valuable
things of the country therein kept for security.
The loss of the books and charters is irreparable, but it is
fortunate that the Chartulary, afterwards compiled, which
has been printed by the Bannatyne Club, and to which we
are so much indebted, is so full. The Wolf before this had
received a charter of the Castle Hill of the town of Inverness,
with ane taillie without date. This charter, unfortunately,
does not appear to be extant, though of local interest, but
as it is noted in a roll of charters, before a charter to John
Earl of Moray of inter alia of £20 sterling out of the great
custom of the burgh of Inverness, dated, Edinburgh,
5th April, 1390, it is evident it was granted prior to that
date.
The celebrated fight on the North Inch, of St Johnston,
occurred on the 28th of September 1396. As the question
of the identity of the respective combatants is not likely
ever to be authoritatively ascertained and laid at rest, we
content ourselves with the brief notandmn in the Chartulary
of Moray, under the head before referred to of ^' Qaedam
Memorabilia" : —
Memorandum that in the year of the Lord 1396, on the 28th day of the month
of September, at Perth, before Lord Robert King of Scotland and the nobles of
the kingdom, there assembled for the purpose, since a firm peace could not be
made 'twixt tbe two clans, to wit of Clanhay and Clanqwhwle, but slaughters
and plunders were being committed daily on both sides, thirty of eiich side
without armour of iron (mail) witli axes, swords, and small knives (dirks), however,
met by agreement, that one party might sweep away and destroy the other, and
they engaged in conflict. The whole party of Clanhay, except one, succumbed and
died on the field, and of the other party ten were left surviving.
Alexander, Bishop of Moray, was dead by 1398, but his
successor, William, finds himself in collision with civil
jurisdiction. The reasons after given are against a judgment
pronounced by William deFodryngham, theDepute-Sheriff of
Inverness, at Inverness on 1st October 1398. The document
is dated on the anniversary of the 11,000 Virgins. It is
not a little singular that this day is one of four feasts in all
recorded for October in the " Kalendarium Qiioddam
Celticum" (Celtic Calendar), viz. — 3d October, St Francis ;
18th, Luke the Evangelist; 21st, Eleven Thousand Virgins
— aen mile deg lanogli (sic) — and 28 th, Feast of Simon and
Jude : —
/ w^. A?
^i*i/.
t^?
92 INVERNESSIANA.
Reasons against the Judgment of the Court of the Sheriff.
The reasons of William, Bishop of Moray, against the judgment given agninst
him at Inverness, in the Court of the Sheriff, on the first day of the month of
October, in the year of the Lord 1398 : First, since from the time of whose
I » i'~ y beginning the memory of men has no recollection, and to this time continuously
''**t^ f / ** ' *^^® Bishops of Moray, his i^redecesors, have been, and were, and he himself during
/ his time has been, and is, to-day, saving the present controversy, in full and
peaceful possession of the liberty of not giving suits at the Courts of the Sheriff
of Inverness. The deceased Catholic Princes, the Lords Kings of Scotland, and
our i^resent Lord King, and the Sheriffs of Inverness, who for the time have
been, knew, and allowed this, and if any thing has been ordained regarding
this from want of i)ractice, and through contrary acts with the indulgence of
the Prince and the i^ermission of his servants, and the lapse of time, it has been
and is removed : Item —That the Church of Moray and the Bishop have been
for many years immediately and continuously preceding in peaceful possession
of the liberty of not giving suits at said Court of the Sheriff, and according
to the statutes of King Robert, ought not to be deprived of the possession of
that liberty, which they have held for a year and more without a legal writ :
Item- -Because the Court in which the judgment was given was no Court, for in
such Court there ought to be a Sheriff or his lieutenant, three or four suitors,
a clerk of feu and judge of feu ; now in that Court there was only one suitor,
viz. : — John, son of Michael, suitor of Avoch ; nor was there a clerk of feu nor judge,
but said John Michael, who was only a suitor in Court, and was assumed as a
judge, and gave that judgment, and so performed the office of Court and judge :
Item — Because all the lands of the Church of Moray were given in pure and
perpetual charity, and so for these such suit is not due : Item — All suit is due
for a certain fixed place, but the Bishop of Moray has no such place for which
he ought to give such suit : /i^em— Because there ought not to be suspected
and inimical judges, and Lord William de Fodryngham, Knight, lieutenant of
the Lord Sheriff of Inverness, says publicly in i)resence of many that he never
will be a friend to Lord William, Bishop of Moray : Item — Because the said
John Michael, who passed sentence, had no iiower to pronounce such a sentence,
as he is not a man of free estate : Item — Because the sentence was not engrossed
in writing : Item — Because the members of Court were not sufficient for deter-
mining such a cause : Item — Because the Bishop was not lawfully cited to
proceed in the cause nor to hear sentence. The Bishop therefore seeks all
innovations after interposition of appeal from said judgment to be completely
recalled, and first of all by the judge of apj)eal — viz., the Lord Justiciar, and
also those things which in the meantime between the sentence and the appeal
which was afterward interposed from it by means of the triers, be recalled as if
they had been renewed after appeal, and that the judgment given had been bad
and inconsiderate, and that said Bishop had ai:)pealed properly, and ye will
so pronounce, if the Loi'd be in your heart. These reasons were presented to
Lord William de Camera, Clerk of Justiciary at Elgin, on the anniversary of the
martyrdom of the 11,000 holy virgins (21st Oct.), in the year foresaid, and
there were present the discreet men Lord Robert Cantor (chanter), canon of
Koss, Stephen Wode, and Galfridus de Rainfrew, burgesses of Aberdeen ; and
Robert de Moravia, burgess of Elgin ; and many other witnesses to the premises,
closed by said Lord Bishop under his seal.
The letter of sist, by Murdoch the seneschall, following
upon the foregoing reasons, is now given : —
Letter of Justiciary regarding the Judgment and Appeal.
Ysuf Hxf^, 2-10 Murthacus, Senescall, Lord of Kynclevyne, justiciar of the part north of the
(* water of Forth, to the sheriff and his bailies of Inverness ; Greeting : Since it
appears to us, by our clerk of justiciary, that the venerable father in Christ,
Lord William, by the grace of God Bishop of Moray, has aj^pealed from a certain
judgment given against him, if it may be called a judgment, pronounced in
your court at Inverness, on the 1st day of the month of Octoljer last past, at
our justice-aire court last held within your sheriffship, and as he declares that
said judgment, if judgment it may be called, is null in itself and badly given,
and he contradicts said judgment by his letters i^atent, and by reasons therein
contained, showing by said reasons that he is not bound to give suit at your
court foresaid, and asking of the authority of our office, and in virtue of his
appeal, such remedy that you may not do any further prejudice to himself or
INVERNESSIANA.
93^
his church of Moray in their liberties : We command and order you, by the
authority of our office, tliat as soon as ye see these presents ye stop progress
in said process, and see ye take care to meddle no further in said judgment or
in any other process touching that cause by petition of suit or by receiving of
fine, or anything thereto appertaining until at our justice aire next to be held within
your jurisdidtion it shall be determined whether said judgment, so given and
contradicted by said Bishop, and so by him appealed against, was well or ill
given. Moi-eover, warn all suitors of your court foresaid, who were consenting
at the pronouncing of said judgment, that they compear before us at our next
justice aire to hear the determination of said judgment in form of law. And see
that ye or they do not omit these in any way, under every pain which may
follow such omission. Seeing that the said Lord Bishop has found in the hand
of our justiciary clerk in our room a pledge that the judgment is none, and
if it may be called a judgment, it is in itself nau^t and corrupt. In testimony
of which thing we have caused the seal of our office to be appended to these
presents at Perth, the 21st day of said month of October, in the year of the
I^J^<il398. -ij ^., j^s ^ ^ I— "
XXXVI.
ROBERT III. 1390-1406. PART SECOND.
William, Bishop of Moray, was much troubled by Alex-
ander of the Isles, third son of John, Lord of the Isles, best
known in the Highlands as Alasdair Carracli, first of the
house of Keppoch. By the document after quoted, Alasdair
in the year 1398 took it on himself to partition the Bishop's
lands of Kinmylies, originally granted by Alexander 11. , in
the following manner : — Upper or Wester Kinmylies to one
Reginald Macalyshander, Lower or Easter Kinmylies, now
Muirtown, to John de Chisholm, and the fishings on the
Ness to John Qwhyte, burgess of Inverness. From this
period down to the close of the 17th century, or for three
hundred years, the family of Keppoch, as opportunities
arose, continued their attentions towards Inverness, which
were by no means valued or appreciated by the burgh. On
the contrary, an outpost was erected where watchers, to give
notice of the dreaded approach of the Macdonalds and other
western tribes, constantly lay. This was at Ballifeary, the
town or place of watching.
Clachnaharry has the same signification, being the stone
behind which watchers regarded the opposite and hostile
coasts of Ross. The ill-feeling and jealousy entertained by
Inverness to Dingwall, Tain, and other northern burghs will
be abundantly illustrated by-and-bye. ^
At this early period water must have overflowed inuch of
what has now been reclaimed. The line of rocks at Clach-
naharry ran into the sea, and communication from the Aird
94 INVERNESSIANA.
was alone practicable by the broad road, still reraaining in
part, which crept up the slope of the Leachkin, having, as
the traveller went northward, the Craig Phadric range to
the right.
It is certain the inner Moray Firth, and notably the Beauly
Firth, are both receding ; and the quantity of land reclaimed
betwixt Clachnaharry on the one side, and Millburn on the
other, within the last one hundred and fifty years is incredible.
It is to be hoped that much of the foreshore from the Long-
man's Grave to Alturlies, ex adverso of the lands of Raigmore
and Culloden, and others, will soon be reclaimed. Not only
would a great eyesore, when the tide is at its ebb, be re-
moved, but the reclaimed land would form a sure and
valuable wintering, and better bathing waters, much needed
at Inverness, could be had.
Follows the warning against those occupying the lands of
Kinmylies : —
iMM'l^f^/. Zll. William, by divine mercy Bishop of Moray, to Lord Donald, dean of the
/ Christianity of Inverness (the Deanry of Inverness), and to the parish chaplain
of the church of Inverness, and to any of them ; Greeting in the Lord, and to
diligently attend to and perform the within- vrritten : We have lately heard
with displeasure that the illustrious man and potent, Alexander of the Isles,
Lord of Lochaber, led astray by the advice of certain parties, though he could
not by right and fact (de jure de facto) however, gave in donation the land of
Upper Kinmylies to Eaynald Mac Alyschandir, and the land of Lower Kinmylies
to John de Cheshelm of the Aird, and the fishing of Lower Kinmylies or the
keeping of it to John Qwhyte, burgess of Inverness, which lands and towns were
and are with the fishing foresaid and other pertinents the property of the church
of Moray, and belonged to it from the time of whose beginning mankind has no
recollection, by the gift of Alexander, King of Scotland, and in j)OSsession of
which our predecessors the Bishops of Moray have been and we have been during
our time, and now are peacefully and quietly with the excei)tion of the present
controversy : That therefore such hurt may not turn to the damage and prejudice
of our church and the prejudice of us and the gift of the King, we enjoin and
command you and each of you, under pain of canon law, that ye and each of
you inhibit the foresaid Raynald and John, and their procurators and attorneys,
if they any have, under pain of excommunication, from meddling with said lands
or their fruits or with said fishing, but allow us and the church of Moray as
peacefully enjoy said lands as our predecessors peacefully possessed them.
Therefore pviblicly proclaim and cause to be proclaimed these warnings, both
in the church on Sundays and feasts, and at the cross in public on mai'ket
days and at the market place, to the end it may possibly reach their knowledge :
Also warn the saids Eaynald, John, and John, and their attorneys, when they
meet you or ye can find them, to refrain from committing the injuries aforesaid :
And preserve one of these our letters to be made public to the eyes of all by
being fixed to the doors of the church, and the other faithfully beside you for
making execution thereof : In testimony of this our mandate we have caused
our authentic seal to be appended to these i^resents. Given in our church of
Moray the 20th day November in the year of the Lord 1398.
Four years afterwards, on the 3d of July 1402, Alasdair
Carrach did much mischief at Elgin by robbing the canonry
and burning the town. He made amends, however, on the
6th of October following, all as detailed under the heading
in the chartulary of Moray already referred to in these
words : —
INVERNESSIANA. 95
Memorandum that when Alexander of the Isles, third son of the Iiord of
the Isles, had violently entered the Canonry of Elgin with his captains, on
the third day of the month of Jiily, in the year of the Lord 1402, and had com-
pletely plundered it of all goods found therein, and had burnt in great part the
town of Elgin, and returned to his own people with the spoil, then he came
back with a great army to the Canonry of Elgin on the 6th day of the month of
October following, and being informed that the canonry enjoyed from of old
immunity and privilege of refuge, and that he and his because of the infringe-
ment and violation of the immunity had incurred the sentence of excommunica-
tion, he and his upon reflection humbly entreated to be absolved : And the
reverend in Christ, Lord William of Spyny, Bishop of Moray, first before the
doors of the church and afterwards before the great altar, being pontifically
arrayed, absolved theiii : And Alexander himself offered a great cross with gold
inlaid, and the rest of the captains in suitable manner each a small image, and
he commanded the cross to be raised along with a bell where the immunity
begins in the direction of the town.
Before parting with Alasdair Carracli, it is just to say that
in the ancient and fine Gaelic poem of " The Owl," he is
thus referred to : —
Chunnaic mi Alasdair Carrach,
An duin' is allaile bha 'n Albainn,
'Sminig a bha mi gd 'eisteachd,
'Se aig reiteach nan tom sealga,
(Alasdair Carrach^ have I seen,
The most illustrious man in Scotland,
Oft have I listened to him.
While coursing o'er the hunting knolls.)
Upon the 20th of August 1400, William, Bishop of Moray^
demands payment of four merks from the Abbey of Arbroath's
churches of Aberchirder and Inverness, in name of the
subsidy imposed on all benefices within the diocese of Moray,
for the rebuilding of the Cathedral.
XXXYIL
ROBERT III. 1390-1406. PART THIRD AND LAST.
The agreement after referred to, betwixt Alasdair Carrach
and the Earl of Moray, might have given some countenance
to the proceedings of the former regarding Kinmylies, re-
ferred to in the preceding chapter. At Caldor, in the
Sheriffdom of Nairn, on the 25th of September 1394, an
agreement is come to 'twixt Thomas de Dunbar, Earl of
Moray, and Alexander of the Isles, Lord of Lochaber.
Alexander shall have under his guardianship, defence, and
protection, all lands and possessions of the regality of Moray,
and all church lands, for a term of seven years from the
* This word is generally spelt so, and signifies cross tempered. Probably it ought
to be " Carach," which signifies cunning, wily, or sagacious.
96 INVERNESSIANA.
date of signing the deed, and he shall adhere to and stand
by said Earl, against all, save the King, the Earl of Fife,
and the Lord of the Isles. The excepted lands are those of
Hugh Eraser, Thomas de Chesholme, and Lord William de
Fodrynham, regarding whom there is an agreement betwixt
them. The Earl for said term shall give to Alexander yearly
80 merks of lands — viz., le Bonacht for £20, the lands of
Essy for ^20, and 20 merks to be paid, ten merks at the
Feast of Pentecost next to come, and the other ten merks
at the Feast of St Martin next thereafter following, and so
on yearly until it shall have been settled by the advice of
the Lord the Earl of Fife, regarding the lands of twenty
merks, which Malcolm de Grant has, that they belong to
the Earl of Moray. After this has been settled, Alexander
shall receive according to the old taxation, &c.
The document is signed in duplicate by the parties. There
are no witnesses.
In this reign occurred the fight in the neighbourhood,
of Inverness, which gave rise, as is generally credited, to
the name of Loban. The following account is that given by
David Carey, the first editor of the Inverness Journal, who
appears to have taken much interest in Highland Traditions
during his stay in the north, 1807-1812. This, however,
did not make him an authentic writer, for in his novel,
^' Lochiel, or the Field of Culloden," history is travestied in
a singular manner : —
Druim-deur, i.e., E-idge of Tears, now called Drtimderfait, is a mountainous
ridge on the north side of Kessock, which tradition reports to have been the
scene of a most sanguinary event, from which it no doubt derived its name.
The circumstances are said to have been as follows : About the year 1400, Donald
Lord of the Isles, who, it would seem, treading in the footsteps of his ancestors,
was anxious to rival the exploits of the Vikings of yore, having collected a
powerful army, made a descent on the coast of Ross, and encamped on this ridge
of rocks facing the town of Inverness, which he threatened with fire and sword, if
not ransomed at a most exorbitant rate. Luckily for the town, the Provost,
whose name was Junor, was a man of great penetration and address. Aware
of the situation of Donald's army, which had been greatly fatigued, and was
in the utmost want of provisions. Provost Junor, who, by temporising, had ob-
tained a short delay, contrived to smuggle into Donald's camp a vast quantity
of strong liquors, which were eagerly consumed by the besiegers, who soon
owned the power of the potent beverage by sinking into the most profound
slumber. In the meantime, the Provost collected a number of resolute ad-
herents, and landing with his arma hlanca at dead of night, in the midst of
Donald's camp, massacred every man who was found within it, except one single
individual, who escaped by hiding himself beneath, a loban, a species of basket,
which is dragged upon two parallel pieces of wood, with the ends laid upon an
axle, and serves instead of a cart in various parts of the Highlands. This
islander, who was so providentially permitted to survive his less fortunate
countrymen, unwilling, it may be supposed, to be the bearer of stich melancliQly
tidings to his friends at home, afterwards took up his residence on the very
spot where this tragedy was acted, and his descendants have to this day followed
his example, by residing upon and cviltivating the same portion of ground,
which they have occupied as labourers or tenants for these four hundred years,
and have been known by the name of Logan, or more properly Loban, from
the vehicle which saved the life of the founder of the family.
INVERNESSIANA. 97
About the year 1398, Charles Macgilleane of the very
ancient house of Maclean settled in the ^'orth under the
protection of Donald, Lord of the Isles. He had lands in
Urquhart and was Constable of the Castle. From him
sprung all the Macleans in the North, known as Clan Thearlaich.
From their long connection with Inverness and its neigh-
bourhood, first in Urquhart, afterwards at Bona and Doch-
garroch, it is intended in next chapter to give some particulars
of this family, the second in continuous standing connected
with the parish of Inverness. The families third and fourth
in this position, are Robertson of lushes, and Baillie of
Dochfour and Dunean.
In 1405, payment in lieu of the coquet of Inverness is
made of new by command of the Duke of Albany, within the
tune of the account of 10s, by William de Camera, to William
Modena the King's Claviger (key-bearer).
1406. Account of Michael Rede, cusiumarius of Inverness,
rendered since the death of the last custumarius at Perth on
25th March, of all his receipts and expenses for the custom
ot said burgh from the anniversary of St Peter-ad-vincula
(Lammas) in the year 1405 to the date of this account. He
charges himself first with £65 14s 8d, yielded by the custom
of 24 lasts 13 dakirs* of skins conveyed in two vessels to
the port of Inverness during the time of the account. The
sum of charge is patent. Of which there is allocated to the
accountant, for his fee off the sum of foresaid charge, 22s :
And to the said Michael in consideration of his labour by
the favour of the auditors, 18s ; and for payment made to
the Lord the Duke of Albany, the Chamberlain, as is
apparent by his receipt upon the account, £32 14s 8d, for
which he shall answer, and by receipt of the late Lord
Alexander Senescall Earl of Buchan in the presence of
Alexander Senescall, his son. Earl of Mar, £32 14s 8d.
Sum of expense is £67 9s 4d, and so there is over expended
34s 8d.
* A dakir consisted of 10 hides, and a last of 20 dakirs.
N
98 INVERNESSIANA.
XXXVIII.
JAMES I. 1406 1437. PART FIRST.
Although James I. began to reign nominally in 1406, yet
from his long captivity in England, the supreme power lay
with the Dukes of Albany, the Regents. More immediately
connected with the north at this epoch, the unjust setting
aside by the first Regent of the claims of Donald, Lord of
the Isles, to the Earldom of Ross, gave rise to the battle of
Harlaw, and numerous disturbances in the Highlands^j^hich
were only, and then but for a time, settled by JKing James
when he came to Inverness in 1427.
It is stated in the M.S. History of the Erasers that " in
the march of Donald of the Isles, before this fight, he burnt
the greatest part of Inverness, and the oak bridge, one of
the finest in the kingdom. One John Cumine, a burgess,
son of Cumine of Earnside, in Moray, arrayed in his head-
piece, and armed with a two-handed sword, offered so stout
a resistance at the west end of the bridge, as would have
compelled the assailants, had there been tea such men (says
the chronicler) in the town, to have retired in dismay." In
a curious and in many respects highly incorrect fragment
of a manuscript history of the Macdonalds, written in the
reign of Charles II., and published by the lona Club, the
following references are made to the part taken by the
Mackintoshes : — " He (Macdonald) ordered the rest to the
wings, the right commanded by Hector Roy Maclean, and
the left by Callum beg Mackintosh, who had that day received
from Macdonald a right of the lands of Glengarry in
Lochaber, by way of pleasing him for yielding the right
wing to Maclean, and to prevent any quarrel between him
and Maclean. Mackintosh said he would take the lands,
and make the left behave as well as the rights A little
further on the writer proceeds, " Now it happened this same
Callum beg Mackintosh was with King James I. after his
release from his captivity in England, in the same place
where the battle was fought. The King asked him how far
they followed the chase. Mackintosh replied that they
followed it farther than His Majesty thought. So the King
riding on a pretty pace, asked Mackintosh if they came that
length. He answering, said that in his opinion there was a
heap of stones before them, and that he left there a mark to
show that he followed the chase that length, and with that
r
INVERNESSIANA. 99
he bronglit a man's arm with its gauntlet out of the heap.
The King behokling it, desired him to be with him that
night at Aberdeen. The King upon his arrival there going
to his lodgings, Mackintosh said in presence of the b}^-
standers, that he had performed his word to the King, and
now he woukl betake himself to his own lodgings; where-
upon he immediately left the town, for he dreaded that the
King would apprehend him."
The M.S. History of the Mackintoshes records with
reference to Harlaw : — ^' In this war he (Malcolm) lost many
of his friends, particularly James Mackintosh (Shaw) of
Rothiemurchus. Many of the tribe of Clan Yean were
afterwards missed." The Mackintoshes' spirited and prudent
conduct at Harlaw might have been advantageously followed
by the Macdonalds whf^n they were unfortunately transferred
by the Commander-in-Chief, to the left wing at Culioden.
The famous poem '' The War Song, by Lachlan Mor
Macvurich, of Albin, to Donald of Isla, King of the Isles, / i
and Earl of Ross, on the Day of the Field of Harlaw,"
composed to excite the enthusiasm of the followers of Donald \o^
of the Isles, should be studied by those who assert that the \
Gaelic language is of limited compass. There are in alpha- ' ;
betical order, lines for almost every letter in the Gaelic
alphabet, together consisting of three hundred and thirty-
eight, each letter being first exhausted, some having upwards
of forty alliteratives, the whole forming a chain of epithets
so copious, but pointed and incisive, as to excite astonish-
ment and admiration. The battle of Harlaw was fought on
24th July 1411.
In 1412, we find from " the accounts of the great chamber-
lains of Scotland," &c., that "payment is made to Lord
Alexander, Earl of Mar, for various labours and expenses
incurred in the war against the Lord of the Isles, for the
utility of the whole kingdom, of £122 7s 4d ; and also to
him for the construction of a fortalice at Inverness, for the
utility of the kingdom, against said Lord of the Isles, of
£100 ; and for lime to Inverness for the construction of said
fortalice, and for food and the carriage of wood, £32 10s 3d.
In 1414, payment is made to Lord Alexander, Earl of Mar,
in consideration of his divers labours and expenses about
the Castle of Inverness, of £52 lis 3d."
In 1414, Donald Thane of Cawdor is served heir to his
father Andrew, in the lands of Dunmaglass. The inquest
was held at the Castle Hill of Inverness, and a copy from
the Cawdor papers is given as it contains several names
connected with the town. Dunmaglass, which is still held
100 INVERNESSIANA.
in feu of the Earl of Cawdor, has thus been long in the
Cawdor titles. The lands were feued to the head of the
tribe Macgillivray in 1626, whose descendant now possesses
them. Follows the " Retoured Inquest of Donald Thane ot
Cawdor :" —
This inquest was made at the Castle Hill of Inverness, the 20th day of the
month of June, in the year of the Lord 1414, before Nicholissa de Kerdale, and
William de Grame, lords and portioners of the barony of Kerdale, in the earldom
of Moray, within the sheriffdom of Inverness, and lords superior of the lands
of Doymcglass (Dunmaglass), and Lord Thomas Senescall, their bailie in that
part, by those within written, viz. : — John son of Thomas, Provost of the
burgh of Inverness, William le Eoss, Hugh Symson, John Pollock, William son
of Thomas, Donald son of Farchard, William de Altrilly, John son of Walter,
Gilbrede M'Michy, Gillemore M'Phale, Paul Duff, Donald son of Rotheric,
John son of Kotheric, John Bridison, Fergusius M 'Lucas, Martin M'Fery, and
Brydas son of .Oristin, who, being faithfully sworn, declare that the late
Andrew de Oaldor, father of Donald Thane of Caldor, bearer of these presents,
died vest and seised, as of feu, at the faith and i^eace of our Lord the King of
Scotland, of the lands of Duninaglass, with the pertinents ; and that the said
Donald of Caldor is lawful and nearest heir of the said late Andrew, his father,
of said lands with the pertinents, and is of lawful age : And that the said
lands of Dunmaglass, with the pertinents, are held of the barony of Kerdale, and
that they are held blench-farm : Paying one silver penny ab the Feast of Pente-
cost if asked only : And that the said Donald failed in nothing with regard to
the Lord King, or the Lords his superiors, for which he ought not by law to
recover his heritage : In testimony of which Inquest, the seal of the said Lord
Thomas Senescall, bailie of said lords of Kerdale, is appended to these presents,
together with the seals of those who were engaged on said Inquest : Year, day,
month, and place foresaid.
As followers of the Lords of the Isles, whose power in the
eastern portion of Inverness and Ross became important
when the Earldom of Ross opened to them, Macleans and
Macleods of insular derivation began to establish a footing
in these places.
The first of the Macleans who settled in the north was
Charles Maclean, a descendant of the ancient house of
Maclean, which first divided into two great branches, those
of Duart and Lochbuy. This Charles Maclean had some
post in the Castle of Urquhart, with various lands, and by
him was erected, as is matter of tradition, Castle Spioridail
of Bona. Charles Maclean was the founder of the Clan
Thearlaich, and not having a sufiicient following of his own,
enrolled himself with the Clan Chattan. This occurred in
the time of the before-mentioned Malcolm beg Mackintosh,
who succeeded in 1409 and died about 1457, and the event
is recorded in the M.S. History in these terms — "To this
Malcolm, — Tearlaich, vic-Eachin, vic-A^olan, (sic) from whom
the family of Clan Tearlaich sprung, subscribed himself and
his successors, followers for ever."
The name of Charles, with that of Hector his son, is found as
witnesses in the deed after referred to, granted by Alexander
Earl of Ross, in 1439.
At Inverness, on the 24th of October in the year 1439,
I
INVERNESSIANA. 101
Alexander, Earl of Ross, grants obligation in favour of
Alexander Sutherland and his spouse, Marion of the '' Ilys,"
sister of said Earl, and their heirs, to the effect that he will
be upright with them in the defence of the castle and lands
of Dunbeth, and the lands of Ra, with the pertinents ^' agane
all tlia that leffis ore dee may." In the event of the loss of
said lands, the Earl obliges himself to give to said parties
as much lands heritably as shall be an equivalent from those
of his own, " betwxe the bryg of Alnes and the gyrth of
Tavne, within the Erldovvm of Ross." The witnesses are
Lauchlayne Maklan of Dowart, John Makloyde of Dun-
vegane, Carlich Mackachyn, Alexander Maccullauch, and
Aychyn Carlichsonn, with sundry others.
The above Hector, designed in the MS. " Hector M^Tear-
lach, chief of that family," married Margaret, third daughter
of the above named Malcolm Mackintosh. His descendant,
Alexander, vic-Coil, vic-Farquhar, vic-Eachen, on 4th April
1609, subscribed for himself and his race of Clan Tearlaich
a new bond of unity with the Clan Chattan, and there have
been several intermarriages in later times betwixt the
Mackintoshes and Macleans.
Hector Maclean, with several of his sons, was killed at
Castle Spioridail, about the year 1480, some say at an earlier
period, leaving in life, but one son, Farquhar, a child. From
this circumstance, and from want of powerful friends, the
Macleans were unable to maintain their hold in Urquhart,
which was possessed by the Grants. The Macleans, however,
held certain rights in the district as late as 1680. The
ancient title-deeds of Dochgarroch are not now extant, but
it is understood that the above Farquhar Maclean was the
first who possessed Dochgarroch, and his son Donald, styled
Donald Farquhar's son, is found there in the year 1557, as
appears from the record of an inquest held in Inverness on
the 31st July 1557.
Both Farquhar and Donald had a title to the island of
Raasay flowing from the Bishops of the Isles, but it is very
doubtful if they derived an}^ benefit, for Archdeacon Munro,
writing in 1549, speaks of it and of the island of Rona, *' as
pertaining to Macgilliecallum of Raasay be the sword, and
to ye Bishope of ye Isles be heritage."
So late as 1630 Alexander, before-named in 1609, son of
Donald Maclean, son of Farquhar, son of Hector, is served
heir to his predecessors in the kinds of Raasay and others,
but these were never given up by the Macleods.
In the time of this Alexander Maclean, the family was at
its strongest. He was thrice married, first to a daughter of
102 INVERNESSIANA.
Kilravock, second to a daughter of Glenmoriston, through
whom the family was carried on, and third to a daughter of
Munro of Daan, in the county of Ross.
Alexander acquired the easter half of Dochgarroch in feu
from the Gordons, the wester half from William Baillie of
Duncan, and from his time the Macleans of Dochgarroch
have in peace and war had an honourable position. John
Maclean, the head of the family, was out with Dundee in
1689, and fought at Killiecrankie. His son, Lachlan, was
an officer in Borlum's battalion in 1715. John, eldest son
of the proprietor at the time, was killed at Culloden. Every
generation since that time has sent out as soldiers some
members of the family, who have always acquitted themselves
with credit. Allan Maclean, Esq., Drummond, formerly
one of the Magistrates of Inverness, is tenth in direct descent
from Charles, who first settled in the north, and according
to the late Colonel Maclean of Woodside, in his history of
Clan Tearlaich,22d in direct descent from Gillean-na-Tuaidh,
the hero of Mingarry Muir fight in 1178.
XXXIX.
JAMES I. 1406-1437. PART SECOND.
King James returned from captivity in April 1424, and
shortly took vigorous steps to consolidate the supreme
power.
In the Parliament held at Perth 30th September 1426 : —
It is ordanit be the King ande the Parliament that everilk lorde hafande landis
bezonde the mownthe (the Grampians) in the quhilk hmdis in aukle tymes tliare
■was castellis, fortalyces, and maner-plaicis, big reparell and reforme thair castellis
and maneris, and duell in thame, be thameself or be ane of thare frendis
for the gracionss gouernall of thar landis, begude jiolising, and to expende ye
fruyt of thai landis in the cuntree quhare thai landis lyis.
When the King came to Inverness in 1427 to repress the
turbulence of the Highland chiefs, he, according to Fordun,
composed the well-known distich : —
Ad turrira fortem ducamus caute cohortem ;
Per Christi sortem, mernerunt hi quia mortem.
(Let us cautiously lead an army to the strong citadel ;
By the fate of Christ these have merited death.)
According to Fordun, the King at this time —
Caused to be arrested Alexander of the Isles, and his mother, Countess of
E.OSS, daughter and heiress of Sir Walter Lesly, as well as the more notable men
of the north, each of whom he wisely invited singly to the Castle, and caused to
be put in strict coufiuemeut apart. There he also arrested Angus Dutf, with his
INVERNESSIANA. 103
four sons, the leader of four thousand men of Strathnarvcrn, Keneth More, with
his son-in-law, leader of two thousand, John Koss, William Lesly, Angus de
Moravia, and Mackmakcn (Matheson) leaders of two thousand ; and also other
lawless catcrans and great captains in proportion, to the number of about fifty.
Alexander Makgorrie of Garmoran (sou of Godfrey Macdonald, Lord of Uist),
leader of a thousand men, and John Mac Arthur (of the family of Campbell),
a great chief among his own clan, and the leader of a thousand and more, were
convicted, and being adjudged to death were beheaded. There James Cambel
was hung, being accused and convicted of the slaughter of John of the Isles (John
Mor, first of the Macdonalds of Isla. ) The rest were sent here and there to the
dift'erent castles of the noblemen throughout the kingdom, and were afterwards
condemned to different kinds of death, and some were set at liberty.
From the Rolls of the Great Chamberlains of Scotland we
obtain the following glimpses of this period, 1425-1429 : —
Account of Walter Androuson of Inverness, custumarius
of the same, rendered at Stirling 15th May 1425, of all his
receipts and expenses for the custom of said burgh, from
the 28th July 1424 to the date of the account. He charges
himself with £50 12s 9d, yielded by the custom of 18 lasts,
19 dakirs, and eight hides, conveyed in two vessels to the
port of Inverness during the time of the account. The sum
of the charge is clear, of which there is allowed to the
accountant for his fee off the sum of foresaid charge, 16s lOd.
Sum of allowance is clear. And so there remain £49 15s lid.
Account of Walter Androuson and Andrew Rede, custu-
marii of the burgh of Inverness, rendered at Perth by them
13th March 1429, of all their receipts and expenses for the
custom of said burgh, from 6th May 1428 to the date of this
account. They charge themselves first with £24 18s 5d,
yielded by the custom of 9 lasts, 6 dakirs, and 9 hides, con-
veyed to the port of Inverness in the first year of this
account. And with lis 3d by the custom of 22 dozen skins
of foxes and otters, conveyed as above in said year, and with
6s 6d by the custom of 13 skins of martins in said year, and
with 15s 8d by the custom of woollen cloth bought in said
burgh, and carried from the kingdom in said year. Sum of
this charge, £26 lis lOd.
And memorandum they do not charge themselves with the
custom of the second year, as they say they had as yet no
vessel to convey their goods to Flanders.
Their expenses ; — in the first place there is allowed to
said accountants for their fee off the sum of foresaid charge,
18s lOd, and there is allowed them for the carriage of a
ship of lime by one Andrew Baxter to the town of Inverness,
and for the storing of said lime in a house within the Castle,
26s lOd. And for delivery made to Master John Wryth, by
command of the King, Master John Wyncester witnessing
the command upon the account, and as is evident by the
indentures of the foresaid Master John, exhibited therein,
I
104 INVERNESSIANA.
£6 IO3. And for delivery made to John de Spesa, the
comptroller, who gives receipt upon the account, 10s, for
which he shall answer. And for delivery made to Master
John Wyncester, acknowledging- receipt upon the account
for the fabric of the Castle of Urquhart, 40s, for which he
shall answer. And for five bolls of salt delivered to said
Master John for the larder of the King, 20s. Sum of
expenses, £11 15s 8d. And so there is owing, £14 16s 2d.
Account of the bailies of the burgh of Inverness, rendered
at Perth, by Walter Androuson and Andrew Adeson, in
name of said bailies— 13th March 1429, of all their receipts
and expenses for the rents and exits of said burgh from the
Feast of Pentecost, in the year 1427, to the day of this
account, and for the two years within this account. They
charge themselves first with £106 13s 4d for the rents and
exits of said burgh of said two years for the assedation of
the king, made to the community of said burgh, made in
feu from of old. The sum of charge is clear, of which there
is computed in payment made to the Preaching Friars of
Inverness, receiving annually £10 of the king's charity of
old, in full payment of said two years, as is clear by the
letters of receipt of said Friars shown upon the account,
£20. And to a certain chaplain of the king's worshipping
in the Church of Moray, receiving annually 8s 8d of the
rents of said burgh by the king's charity of old, in full
payment of said two years, as is clear by the letters of said
chaplain of the receipt of the charge in the account, 1 7s 4d.
The sum of allowance and expenses is £20 17s 4d. And
so there rests, £85 16s.
King James was again at Inverness in the month of
August 1428, as is seen from his having granted to the
town the following charter, dated at Inverness, the 28th
day of August 1428 ; —
James, by the grace of God, King of Scots, to the Provost and Bailies of our
Burgh of Inverness ; Greeting : Whereas on the part of the burgesses of our
Bargh of Inverness, it has reached our ears by way of common complaint, that
some persons dwelling within the bounds and liberty of said burgh usurp and
infringe its liberty and privilege, by buying and selling merchandise or other
saleable goods, beyond the said burgh, to the no small loss and prejudice of our
said burgh : Therefore, we strictly command and charge you, that in the accus-
tomed places of the said burgh and liberties thereof, ye cause to be publicly
proclaimed, by our authority, that those inhabiting all and singular the bounds
of the said burgh and liberty thereof, who have any merchandise or goods
whatsoever to be sold, shall assemble at the market place of our said burgh for
selling them, and shall actually present themselves there as in our other burghs
and their liberties, as the custom is and as is observed within our kingdom :
That if they shall not obey our commands in the premises, we will and ordain
that all merchandise and goods of the foresaid description thus afterwards bought
and sold beyond our burgh, be fully escheated, confiscated, and specially retained
by you, under our authority, for our use and benefit : "Whereupon we, by these
presents, commit to you and each of you, conjunctly and severally, our power
and authority : Given under the testimonial of our great seal at Inverness, the
28th day of August, in the twenty-third year of our reign (1428).
INVERNESSIANA. 105
XL.
JAMES I. 1406-1437. PART THIRD AND LAST.
It is probable that Fordun was in error in fixing the King's
visit to Inverness in 1427. The MS. History of the Mack-
intoshes makes it 1428, and relates the same events thus —
" In 1428 the King came to Inverness to administer justice
and suppress such depredations. Most of the leaders of
these robbers were taken into custody, some of them gave
sureties and were dismissed home, some were retained in
confinement, and the rest suffered the stroke of justice.
When the power and fidelity of Malcolm Mackintosh became
famous among his neighbours, the garrison of Inverness
was committed to his charge, an office his predecessors liad
long held." The historian goes on to state, ^' At that time,
Alexander of the Isles, Earl of Ross (son of Donald of
Harlaw), for many atrocities and cruelties which he per-
petrated, was seized at Inverness and conveyed to Perth.
His friends, however, prevailed upon the King to grant him
his liberty. But as soon as he was home, he collected a
band of men accustomed to live by rapine, fell upon Inver-
ness, pillaged and burnt the houses, and then besieged the
fort itself. But in vain, for it was gallantly defended by
the bravery and vigour of the Governor, and Alexander,
understanding that an assault was meditated upon him,
retired precipitately towards Lochaber. These events fell
out in 1429."
What occurred in Lochaber is thus narrated by Fordun :
— "Accordingly, though the Lord King was informed that
the Lord of the Isles when set before him had pursued
courses that were not proper while he was his own master,
he warned him, however, frequently and wisely to change
his conduct to better, and to refrain from licentious proceed-
ings, and so behave for the future towards the King and his
lieges as to merit therefor to obtain his greater favour, and
be reckoned among his special retinue. As he promised to
behave well in future the King gave him his liberty, calling
to mind one of the memorable words of Valerius, who said,
— ^ If it is glorious to overcome an enemy, it is not less
praiseworthy to know to compassionate the unhappy ; because
though warlike valour merits infinite glory, yet clemency
great love.' Thereafter the said Lord of the Isles having
returned home, followed the advice of the baser sort, and in
o
106 INVERNESSIANA.
contempt burnt the royal town of Inverness. The King wa3
greatly incensed because of this, gathered an army in the
year of the Lord 1429, and on a certain moor in Lochaber
on the vigil of the Nativity of St John the Baptist, routed
the said Alexander, who had with him upwards of 10,000
men of Ross and the Isles, where, when the King's standard
was unfurled, two tribes forsook him — viz., those of Clan
Katan and Clan Cameron, and arrayed themselves under the
King's command. On the Feast of Palms following, the
tribe of Clan fcatan killed in a certain church nearly the
whole race of Clan Cameron."
The latter occurrence is thus referred to in the Mackintosh
History : — " In the following year 1430, a keen dispute arose
between the tribes (Clan Chattan and Clan Cameron) at the
celebration of a festival. Their minds were highly inflamed,
a violent engagement followed. Many of the Clan Chattan
fell, and the Camerons were almost extirpated."
The Mackintosh History proceeds to relate, " On the day
following our Lord's resurrection the before-mentioned
Alexander Earl of Ross threw himself in the power and
implored mercy of the King, while he was in the Temple of
the Holy Cross celebrating the sacred worship. The Queen
and other nobles that were present entreated the King on
his behalf. He was sent to the Prison of Tantallon, where
he was confined till October of that year. In that month
James II. was born, and during the public rejoicing Alex-
ander was pardoned, along with some others of the nobility
who had incurred the Sovereign's displeasure."
On the day preceding his granting the charter to the Town
of Inverness quoted in last chapter, the King granted the
following remission to several of the Clan Chattan. This
remission has been already published in the Kilravock papers,
but as it is dated at Inverness and contains several local,
names, it is here given : —
Bemission for Dominic Grogick and 25 with him.
James, by tlie Grace of God, King of Scots, to all his good men to whom the
present letters shall come ; Greeting : Know that we have remitted to Dominic
Grogych, Dominic John, Martin Colin, John M'Crouglis, Dominic Augustus,
Duncan M'Coiigil, Duncan Yvar, Donald Kuff, Gillace Ferchard, John M'Soyare,
John Clerk, Machabeus M'Rake, Ferchard Bean, Murchard Sorleti, Duncan
Fowere, Duncan M'Gillegias, Morice M'Gillanie, Kennac brother of the said
Morice M'Gillanie, Patrick son of Gilleanie, Patrick JStalcare, Gillespik son
of Cristin, Eugene brother of said Gillasink, Mcholaus Faber, Duncan Ferchard,^
Dominic Pewhe, and Finlay Carpentar, bearers of these presents, the rancour
of our mind, royal suit and all action which toward them or any of them we
conceived, have or shall have, for their departure from the town of Inverness
without and contrary to our permission, and the assembly held there, contrary
to the statutes of our Parliament ; and also for all and sundry homicides, thefts, "
rapines, burnings, shelterings, and acts whatsoever committed or wheresoev^er j
perpetrated by them or any of them even to the day of the making of these
INVERNESSIANA. 107
iu-esents, with the exception of open treason only, provided however they give
sucli amends and satisfaction to the parties complaining of them, and who have
snlFored losses that we hear of no other just comidaint as to tins ; and we duly
receive the saids Dominic, Dominic, Mai'tin, John, Dominic, Duncan, Duncan,
Donald, Gillace, John, John, Machabeus, Ferchard, Murchard, Duncan, Duncan,
Morice, Kennac, Patrick, Patrick, Gillespik, Eugene, Nicholaus, Duncan, Domi-
nic, and Finlay, and each of them, under our firm peace and protection ; and
strictly inhibit any one from unjustly pi-esuming under our i)lenary forfeiture
to inflict upon them or any of them, because of said departure or of whatsoever
homicides, rapines, thefts, burnings, or other transgressions of whatsoever kind
foresaid, any hurt, molestation, injury, or loss, or from visiting them or any of
them with death, under the pain of loss of life and limbs : In testimony of which
matter, we have caused these present letters to endu.re for all time, to be made
liatent under our great seal for foresaid persons. At Inverness, the 27th day of
the month of August, in the year of our reign the 23d. This remission to con-
tinue, i)rovided the forewritten persons are of the true alliance and following of
Angus and Malcolm M'lntosche, and are not under our arrest.
From the conflagrations and destructions tlie town under-
went betwixt the years 1400 and 1430, it is little wonder
that but few documents of the period remain. The following
presentation by the burgesses and community to the chap-
laincy of the Holy Cross is, however, still extant : —
To the reverend father in Christ and our Lord, Lord Andrew, by the Grace
of God, and of the Apostolic See, Bishop of Moray, we, the burgesses and
community of the burgh of Inverness, give the reverence and honour due : For
the chaplaincy of the Holj'' Cross, belonging of clear right to our presentation,
and your fatherly collation, now in our hands, by the resignation of Lord Henry
Dyngvale, chaplain thereof, by the tenor of these presents, we present our
discreet and distinguished cleric, Thomas Levynsthon, to your fatherhood for
foresaid chaplaincy, and we humbly beg and entreat that said chaplaincy of the
Holy Cross, resigned as is aforesaid, be conferred by your ordinary authority upon
the said Master Thomas, the presentee, or on his procurator, and that you pro-
vide him or his procu.rator in his name with the same, and induct and invest him
with the real, actual, and corporal possession of the rights and pertinents of
the same, and when inducted and invested, that you defend him, and do all
other things that are proper ar.d which it belongs to you and your ordinary
and pastoral office to do : In testimony of which matter, we have caused our
common seal to be appended to these i:)resents. At said burgh, on the 9th day
of the month of December, in the year of the Lord 1429.
Upon 11th February 1431, an inquest is held at Inverness
as to the tenure by which the lands of Kilravock are held.
The following entries appear in the chamberlain rolls of
1434 and 1435 : — Account of Walter Androusone and
Andrew Rede, customarii of the burgh of Inverness, rendered
at Linlithgow 8th June 1434, of all their receipts and
expenses for the custom of said burgh from 8th April 1431
to the date of this account, and likewise for the three years
included in this account. They charge themselves first with
£5 7s 5d for arrears of their last account, as is clear from
the end thereof. The sum of arrears is clear. Item, they
charge themselves with £34 13s 5d, for the custom of all
the customable goods of the burgh of Inverness for the year
1431. And with £83 Os 3|-d yielded by the custom on 30
lasts, 4 dakirs, and 8 hides ; 12 dozen and 11 skins of foxes
and others ; and 31 skins of wild animals, to wit, martens,
L
INVERNESSIANA.
for two yeai's, viz., 1432 and 1433. Sum of this charge
without arrears is £117 13s 8 Jd ; do. with arrears, £123 Os 13d.
In 1434, there is owing £25, which is for the fine imposed
upon tlie burgesses of Aberdeen because they did not cause
victuals to be conveyed to Inverness, which fine depends
upon the king's pleasure.
This year (1435) the chamberlain charges himself with the
exits of various burghs in connection with ^^Iter Camerarii."
Forres, £3 Os 8d; Elgin, £3 6s 8d ; Nairn, 26s 8d; Inver-
ness, £5.
By deed dated at Inverness on 8th January 1436, Hugh,
Lord Lovat, grants to Alexander of the Isles, Earl of Ross,
the third part of Glenelg.
XLL
JAMES IL 1437-1460. PART FIRST,
(J) Upon the 6th of November 1436, Christiana Makferry
/ sold to the community of Inverness the piece of ground at
the corner of Bridge Street and Church Street, whereon the
Tolbooth stood, by the following charter which is endorsed
'' Ye Charter of ye Tolbuth : "—
To all who shall see or hear of this charter, Cristiana, daughter of the late
Duncan Makfery, burgess of Inverness ; Greeting eternal : Know that I in
n^y urgent necessity, tor the sustentation of my life, not led by force nor having
fallen into error, but of my pure and spontaneous pleasure, have given,
granted, and by title of sale have given, and by pure and simple resignation
made by me in the hands of the bailies of said burgh, have gifted, and by this
my present charter confirmed to the burgesses and community of foresaid burgh,
one particate of my land lying in Bridge Street, on the north side of the said
street, between my land at the north on the one side, and the King's common
highway at the south on the other, whose front extends beyond Church Street
at the east, and the back to the land of Donald Sutor towards the west, for true
value to me in reckoned money given and entirely paid; which land, with the
pertinents my said late father in his legitimate power (liege poustie) of his
own conquest publicly in face of court, by resignation made of his own accord,
bestowed upon and invested me with, by sasine obtained : To be had and held,
the said particate of land with the pertinents, by the foresaid burgesses and
community of the said burgh and their successors, who for the time shall
be, of me, my heirs and assignees for ever in feu and heritage, and free burgage,
with all commodities, liberties, and easements, and their just pertinents what-
soever, both named, and not named, belonging to said land, or which may in
future justly belong, as freely, wholly, fully, honourably, well, and in peace, as
any land in the kingdom of Scotland is given and granted : Giving therefor, the
foresaid burgesses and community and their successors, who for the time
shall be, annually to me, my heirs and assignees, two pence of usual money, in
name of blench farm if asked, and to our Lord the King five pence annually
at the appointed terms within the burgh, in lieu of every other burden, secular
service, exaction, or demand, which for said land with the ijertinents can be
exacted or required ; and if it happen, which God forbid, that I, my heirs, or
assignees, in any way go, or attempt to go, against this sale or grant, I oblige
INVERNESSIANA. 109
me, my heirs, and assignees, and those who shall succeed ns by whatsoever
title, in a hnndi-ed pounds of usual money of Scotland for the fabric of the
bridge of the water of Ness, to be fully paid before any step of law, the
present charter, however, to endure for ever in the stability of its own strength :
And I, the foresaid Cristiana, and my heirs and assignees, shall warrant, acquit,
and for ever defend, the foresaid particate of land, with the pertinents in, and
by all ways as aforesaid, to the foresaid bui-gesses and community and their
successors : In testimony of which matter because I have no seal of my own, I
have with instance procured the common seal of the prior and convent of the
preaching Friars of said burgh, together with the seal of "Walter Andrew, and
caused them to be appended to this writ at said burgh, the 6th day of the
month of November, in the year of the Lord 1430. The witnesses being Lords,
John perpetual vicar of said burgh, John de Mu^nroo, John "Walter, chaplains,
with many others, to the premises specially called and requested.
Upon the 4th of September 1437, Alexander de Yle, who
claimed the earldom of Ross through his mother, made the
following donation to the Prior and Friars of Inverness.
This annual was with others transferred at the Reformation
to the magistrates of Inverness, and, we understand, it still
forms part of the revenues of the burgh : —
To all the faithful to whose knowledge the present letters shall come, Alex-
ander de He, Earl of Ross, and Lord of the Isles ; Greeting eternal in the Lord ;
Know, that we, for the salvation of our soul, and for the salvation of the souls
of our father, ancestors, and successors, have given, granted, and by this pre-
sent writ confirmed to the religioiTs men, the prior and friars of the Dominican
Preachers of Inverness, twenty shillings of annual rent, of the usual money
of the kmgdom of Scotland, to be paid annually at two terms in the year,
viz., of Pentecost and St Martin's, by equal j)ortions of our land and ferry of
Easter Kessock,* with the pertinents in pure and perpetual charity, as freely as
any annual rent is given and granted to any other religious men in the kingdom
of Scotland : In testimony of which matter we have caused our seal to be
appended at Inverness the 4th day of the month of September, in the year of the
Lord 1437. These, with many others, being witnesses, viz., Torquil M'Loyde,
Lord of Leyvhous (Lewis), George Munro of Foulis, Alexander M'CuUach, and
Lord Beane.
On 17th July 1439, Agnes, daughter of Nicolaus Peddock^
late burgess of Inverness, with consent and assent of Michael
Thomson, her spouse, and also of her nearest heirs and their
friends, sells to Andrew Rede, burgess of said burgh of
Inverness, that annual rent of three shillings, due to her
from a certain particate of land lying in said burgh in the
Church Street thereof, on the east side of the same, between
the land of the late Bartholomew, son of William, at the
north on the one side, and the common vennel of our lord
the king at the south on the other ; also that annual rent of
12d, belonging to her, from a certain acre of land lying in
the Damysdale, between the land of Andrew of Kinloss at
the west on the one side, and the land of the said Andrew
on the east on the other, for true value, &c. '' In testimony
of which thing, as I had no seal of my own, I and my
husband have procured with instance and caused to be
appended to this writ the seals of Donald Faber and Hugh
* By the Roll of Rents, Feus, and Maills, it appears that a sum of twenty shillings
sterling is payable by the Estate of Redcastle to the burgh for lands at Kessock.
110 INVERNESSIANA.
Clerk, two of the bailies of said burgh, and also the seal of
Nicolaus Man, and for the greater security of this matter we
have with instance procured the common seal of said burgh,
also to be appended. At said burgh, the 17th day of the
month of July 1439. Witnesses — John Grant, Provost of
said burgh ; Walter Andrew, Laurance Carrane, Andrew
Grame, John Michison, John Blak, Thomas Cuthbert,
Patrick Ferguson, Thomas Tailzeour, John Nale, burgesses
of said burgh, and many others."
In a convention held this year at Stirling at the instance
of Sir Alexander Livingston of Callander, to cover his illegal
acts, there appeared representatives of the clergy and nobility,
and according to Tytler that there might at least be an
appearance of the presence of a third estate, James of Parcle,
commissary of Linlithgow, William Cranston, burgess and
commissary of Edinburgh, and Andrew Reid, burgess and
commissary of Inverness, were present as representatives of
the burghs, and sanctioned by their seals the transaction
which took place. This is the first time, it is understood,
so far as the records are known to .exist, of a representative
from Inverness attending Parliament, but that they did so
on prior occasions can hardly admit of doubt.
In 1440 the name of Waus, so long and honourably con-
nected with Inverness, appears for the first time in a deed
by John Bathane, heir of the late Thomas Bathane, burgess
of Inverness, who sells to his cousin Alexander Waus, and
Janet, his spouse, and their heirs and assignees, an annual
rent of 3s of the usual money of Scotland, of one particate
of land lying in the Dymisdale Street, on the west side
thereof, which lies between the land of the late Magnus
Sartor at the south on the one part, and the common vennel
at the north on the other, whose front extends to the King's
common highway towards the east, and the back to the
ridge of the Castle Hill towards the west, &c. " In testi-
mony of which, since I have not my own seal present, I
have, with instance, procured and caused to be appended to
these presents the seals of the provident men, Andrew Reide,
Provost of said burgh, and Hugh Clerk, one of the bailies,
and for the greater evidence of the matter, the common seal
of said burgh. At foresaid burgh of Inverness, the 17th
day of the month of April 1440. Present — Thomas Cuth-
bert, John Blak, Donald Ker, and Morice M'Colon, burgesses
of said burgh ; with many other witnesses."
The Earl of Ross by deed, dated at Inverness, 20th July
1440, grants a charter to the Laird of Kilravock, of the
barony thereof. It proceeds upon the personal resignation
I
INVERNESSIANA. Ill
of " Jolin de Roos." There is no reddendo. The witnesses
are Thomas Fraser, Lord of Lovat; Lord Walter Ogilvy,
knight ; William Lesly, Sheriff of Inverness ; Donald de
Calder, William de Urcharde, William de Calder, George de
Munroo, Alexander Maccalloch, Robert Cheshelme, John
Graunt, and John William de Arde, and many others.
The precept of sasine thereon follows : —
Alexander de Yle, Earl of Koss, to our beloved Donald de Calder, Sheriff
of Nairn, and his bailies ; Greeting: . . , We command and order you that
without delay you give the foresaid Hugh . . . hereditary state . . .
and reserving to John de Roos, father of the said Hugh, the frank tenement of
said lands, for the term of his life ; and to the wife of said John, the third part
due to her, after the death of the said John. . . . And in sign of said
sasine given by you, append your seal on the second tail after ours : Given under
our seal at Inverness, the 20th day of the month of July, in the year of the
Lord lUO.
L
XLII.
JAMES II. 1437-1460. PART SECOND.
Alexander de He had the earldom of Ross formally con-
ferred upon him by James L, and in the minority of his son
the second James, the Estates of Scotland appointed Alex-
ander justiciar of the Kingdom benorth the Forth. Upon
the 17th August 1442, Alexander grants at Inverness the
following precept of sasine in favour of William Thane of
Cawdor : —
Alexander de lie, Earl of Ross, Lord of the Isles, and Justiciar of the part
north of the water of Forth, to John Grant, Sheriff -Depute of Inverness, our
bailie in this part ; Greeting : Since, by inquest made by ovir command and
retoured to our chapel, it is found that the late Donald of Caldor, father
of "William of Caldor, bearer of these presents, died last vest and seized as of feu
at the peace and faith of our Lord the King, of the lands of the Thanage of
Caldor with the pertinents, and the offices of Sheriff of Nairn and constabulary
thereof, with the tax of beer and fish, together with the annual rent of six
merks of Balmakath, and of the lands of Both and Banchre with pertinents,
and of the lands of the half of Rate, together with the mill thereof, with perti-
nents lying in the Earldom of Moray, within the Sheriffdom of Nairn : And
that the said AVilliam is lawful and nearest heir of his said late father, of
said lands, annual rent and mill with the pertinents, and is of lawful age, and
that the lands are held of us in chief : Therefore, we command and charge you,
upon having seen these presents, to give without delay to the foresaid William,
or his certain attorney, bearer of these i^resents, hereditary state and sasine
of said lands, annual rent and mill with the i^ertinents, reserving the rights of
parties as is the manner, for the doing of which we commit to you, in this part,
by these presents, our i)lenary j)ower and special mandate : And in testimony
of said sasine, given by you, append your seal on the second tail after ours.
Given under our seal at the burgh of Inverness, the 17th day of the month of
August, in the year of the Lord 1442.
At Inverness on the 5th of October of the same year,
Alexander He granted a letter or charter to Alexander, Lord
112 INVERNESSIANA.
Gordon, styled as early as 1421, Alexander de Seton, Lord
of Gordon, who was created Earl of Huntly in 1449, regard-
ing the lands of Kynedward, as appears from the register of
Aberdeen.
Alexander, Earl of Ross, married Elizabeth, only daughter
of Sir Alexander Seton, by his wife, heiress of Gordon. The
Countess of Ross was sister of the above mentioned Alex-
ander, first Earl of Huntly, and had two daughters, Margaret,
married to John, Earl of Sutherland; and Florence, married
to Mackintosh. As the power of the Earls of Ross and Lords
of the Isles waned and sunk, that of the Gordons from this
period rose rapidly. George, second Earl of Huntly, through
whom the line was continued, was only a younger son of
Earl Alexander, having succeeded by special destination in
bis father's patent.
The following charter in favour of Andrew Reid, referred
to in a previous chapter of subjects in Church Street,
Inverness, is dated 17th August 1443 : —
To all who shall see or hear of this charter, Maurice Kerde and Donald Moray,
tutors of Catherine, daughter of Duncan Goldsmyt, late burgess in Inverness ;
Greeting eternal in the Lord : Know that we, with consent and assent of Evote
Stewart, husband of the said Catherine, and of the other relatives of the
parents, both on the father's side and the mother's, have given, granted,
alienated, and by title of sale sold, and by this our present charter confirmed
to our beloved Andrew Rede, bux-gess of said burgh, all that particate of land,
with the pertinents lying within the burgh of Inverness, in the Church Street
thereof, on the east side of said street, as it extends itself in length from the
King's common highway of said Church Street towards the west, to the old
ditch towards the east, between the land of the foresaid Andrew, on the south
on the one part, and the land of Morice Stewart, at the north on the other,
for a certain sum of money, &c,, &c: Giving therefor yearly, to our lord the
King, the service used and wont, and to the heirs of William Pilche, late Lord
of Garty, or his assignees, 2s at two terms in the year, &c : In testimony of
which thing, because we had no seals of our own, we, Maurice and Donald, in
name of the said Catherine, have with instance, procured the seals of Ronald
Clerk and Thomas Tailzeour, two of the bailies of said burgh, to be appended
to these presents, and for the greater evidence of the matter and knowledge of
the premises, the foresaid Evote Stewart, husband of the said Catherine, for
himself and the other family relatives, as he had no seal of his own, with
instance, procured to be appended to this charter the seal of Donald Faber,
burgess of said burgh, and likewise we, both with one assent, have procured
the common seal of said burgh to be appended to this charter. At said burgh,
the 17th day of August 1443 : Witnesses— John Gi-ant, Laurence Carrane,
John Mechison, Andrew Grame, Patrick Ferguson, James Aludes, John Nale,
John Blak, Nicolas Man, John Gray, John Pilche, Donald Johnson, Walter
Thomson, Thomas Cuthbert, Hugh Clerk, James Johnson, Robert Nicolson,
Sandy Waus, and William Buthe, and divers others.
In the foregoing deed the name of William de Bught
appears as a witness, and in the following he is the grantee.
This William appears to have possessed a great deal of land.
His surname is doubtful. It is curious to find such a low-
land term as Bught, by old people called '^ The Bught," in
the north at so early a period. In the Scottish laoguage it
is perfectly descriptive of the locality. The Gaelic name is
INVERNESSIANA. 113
Kill-a-vean, synonymous with Tor-a-vean. The Saint here
indicated is probably Baitan or Baothin, cousin and succes-
sor of Coluim Cille —
Baetini ard Aingleach
Coluim Cille Caindleach.
Their anniversary was the same, the 9th June. Archibald,
Earl of Moray, referred to was brother to the Earl of Douglas,
killed by James II., who was himself forfeited in the year
1452.
Follows the charter in favour of William de Buyche : —
To all who shall see or hear of this charter, Donald of the Old Castle, Lord of
that Ilk ; Greeting eternal in the Lord : Know that I, with consent and assent of
the great and potent Lord Archibald de Douglas, Earl of Moray, have given,
granted, and by deed of sale, have given, and alienated from me and my
heirs for ever, to my beloved William de Buyche (Bught), burgess of Inverness,
five acres of my land lying in the lordship of the old Castle, four of which lie
together near the Bradstane twixt the land of the Blessed Virgin Mary on both
sides, both on the south and north, and the fifth acre of land lies near the
stream of Scourburn, as foresaid burn runs towards the south, and my own.
land towai-ds the north on the other, for a certain sum of money given and
fully paid to me in my pressing necessity : To be held and had, the foresaid
five acres of land, with the pertinents, by the foresaid William, his heirs
and assignees of me, my heirs and assignees, in feu and heritage for ever, by
all their old and right marches and divisions, with all their commodities,
liberties, and easements, and just pertinents whatsoever, as well not named as
named, belonging to said acres of land, with the pertinents, or which, in future
can in any way belong, freely, quietly, wholly, fully, and honourably, well and
in peace, without revocation for ever : Giving therefor yearly the foresaid
William, his heirs and assignees, to me and my heirs, two pence of the usual
money of Scotland, in name of blench farm if asked, in lieu of all other burden,
secular service, exaction, or demand, which can be exacted, or required, by
me or my heirs : And I, the foresaid Donald, and my heirs, shall warrant,
acquit, and for ever defend foresaid five acres of land with the pertinents
in, and by all ways as is foresaid to the foresaid William, his heirs and
assignees ; of which five acres, with the pertinents, I have given to the foresaid
William, sasine and hereditary state with effect, reserving all rights as the
custom is : In testimony of which thing I have caused my seal to be appended
to this my present charter : At the burgh of Inverness, on the 14th day of
the month of April, in the year of the Lord 1447 : The witnesses being — John
Grant, Thomas Cuthbert, Alex. Waus, Hugh Andrew, and Henry M'Lelan ;
with many others called and specially asked.
XLIIL
JAMES II. 1437-1460, PART THIRD.
In a deed signed at Inverness on the 20th July 1440, the
following are witnesses — Thomas Eraser, Lord of Lovat;
Sir Walter Ogilvie, knight; William Leslie, Sheriff of
Inverness.
In 1442 is found the name of John Grant, SherifP-Depute
of Inverness.
p
114 INVERNESSIANA.
In the year 1448, the name is first recorded of Robertson
of Tnshes, so long and closely connected with the town of
Inverness. The deed is granted by John Robertson,
tlie first in the north who took that surname, probably
following the example of his relative, the first Baron of
{Strowan, who in 1437 was called Robert Reoch Duncan son.
The Robertsons are called Clan Donachy, from their
ancestor, Duncan de Atholia, and it seems obvious that the
granter of the deed was a grandson of the founder, and uncle
of the first Baron of Strowan.
The well-known poet and fighting man, the prototype of
the Baron of Bradwardine, was Alexander Robertson of
Strowan, who figured in the risings of 1688, 1715, and 1745.
If poets are generally scribblers, Strowan must have used up
much paper, for his writing is not smaller than what is termed
half-text. In a curious letter to John Robertson of Inshes,
in the year 1734, he thus expresses himself: —
Hermitage, November 2d, 1734.
Dear Sir, — You certainly have heard how I am opposed by some very little
fellows of my name : All the considerable part of my family have declared
their abhorrence to the recreants of their chief : They have done me that honour,
and I should be at a great loss if Inches's subscription did not corroborate their
friendly and just sentiments. I have sent their declaration with my good
friend John Robertson of Balnagard, not doubting but you'll join with so
honourable a crowd, which, till I have the joy of seeing you, will give me the
greatest satisfaction. If your son will do me the same honour I shall be glad,
and will defer further explanations till I have the pleasure of embracing you,
as being with a true heart, — Dear Sir, your affectionate cousin and servant,
A. EOBERTSON OF StROWAN.
In the deed after quoted, John Robertson grants on the
20th April 1448, a particate of his land on the east side of
Castle Street, to William Michael. The locality is known,
as a very ancient gateway still remains on that other half of
Inshes property in the same neighbourhood which remained
with them until last century : —
To all who shall see or hear of this charter, John Robertson, son and heir of
the late Robert, son of Duncan, burgess of Inverness ; Greeting eternal in
the Lord : Know that I have given, granted, and by title of sale, delivered and
set in feu farm, and also by my present chai^tei', confirmed to my beloved "William
Michael, burgess of Inverness, one particate of my land and burgage, lying
within said burgh, in the Dyraingisdale on the eastern side thereof, between
my land at the south on the one side, and the land of Alexander Man at the
north on the other ; whose front extends to the King's common highway towards
the west, and the back to the land of Thomas Cuthbert at the east : To be held
and had, said whole particate of land, with the pertinents, by the said "William, his
heirs, and assignees, of me, my heirs, and assignees, for ever, freely, quietly,
wholly, honourably, well and in peace, with all commodities, liberties, and
easements, and their just pertinents whatsoever belonging to said lands,_ with
the pertinents as well named as not named, or which in future may justly
belong in any way whatsoever : Giving therefor annually the said "\Villiam,
his heirs, and assignees, to me, my heirs, and assignees, a white or red rose
in the season of the iioweiing of roses, in the name of blench farm if asked, and
eighteen pence of usual Scots money of annual rent to Alexander Man, his
heirs, and assignees, annually, viz. : — The one half at the feast of Pentecost,
and the other half at the feast of St Martin in winter, by equal portions ;
INVERNESSIANA. 115
and to our Lord the King five pence, to be paid at the terms appointed within
said burgh : And I, the said John, my heirs, and assignees, shall warrant,
acquit, and for ever defend, said particate of land, with the pertinents, to the
foresaid William ]\lichael, his heirs, and assignees, in and by all means as is fore-
said, and against all mortal men and women : And if it happen that I, my heirs,
or assignees, contravene this my assedation, or revoke it in any way, I oblige
me, my heirs, and assignees, in ten pounds of usual Scots money, to be fully
paid toward the fabric of the Parish Church of Inverness before any step in
law, the present charter, however, to endure for ever by its own strength : In
testimony of which thing, as I had no seal of my own, I have with great
instance procured and caused to be appended to my jiresent charter, the seals
of the prudent men Thomas Cuthbert and Alexander Man, burgesses of said
burgh : And for the greater security of this matter, I have with instance
procured and causetl to be appended to this my charter, the seal of the discreet
man Andrew Grame, one of the bailies of said burgh, who for me gave sasine
of said land : At said burgh, the 20th day of the month of April, in the
year of the Lord 1448 : Witnesses— Patrick Fergusane, Walter Johnson, Richard
Hoge, John Thomson, jun., John Gray, and John Williamson, with many others.
We shall hereafter have cause again to refer to the family
of lushes and to trace their descent, but meantime conclude
by an extract from the Session records as to the pulpit in the
<jraelic Church, which, coming to the Robertsons through
intermarriage with the families of Vans of Easter Inshes *
and Sinclair of Rattar, was gifted to the church. It is
termed a " little desk," and came from Holland. It will be
observed that Inshes was to have two pews in return in
heritage for ever. Inshes' mother, described as the posses-
sor of the desk, was Janet Sinclair, and it was she who
erected the singularly handsome burial place of the family
of Inshes near the Church-yard gate : —
At Inverness, the first day of August, one thousand six hundred and seventy-
six years — The said day there was a supplication presented by Mr William
Robertson of Inches, making his humble address to the session of Inverness,
regretting his inconvenience for himself and family in the High Church of the
said burgh, for the reverend and incumbent attention of the said ordinances,
desiring he might be licensed and impowered to cause build and erect two sufficient
pews next to the Guildiy's desk, whereuj)on which supi^lication, after ripe
and grave advisement, was found very reasonable, and knowing him to be a de
serving person ; The whole members of the session did unanimously grant the
said two pews and thereby, to inherit and enjoy them peaceably and quietly
in all times coming, without any controlling, questioning, or backcalling thereof :
But to remain in his possession as an undoubted heritage : For which two pews
the said Mr William did give the little desk belonging some time to his mother,
and to be given to Hugh Robertson, treasurer, and James Cuthbert, late bailie ;
Ordaining these presents to be insert and registered in the principal Session
Register of the said burgh, therein to remain for the future security and pre-
servation thereof. Extracted by me,
(Signed) John Innes, Clerk to the Session.
* There are three Vasses and one Cuthbert, very respectable people, genuine old
re^identers, now living in Inverness, but being all females, there is every prospect of
these surnames, once so cumiaon and influential in Inverness, becoming extinct.
116 INVERNESSIANA.
XLIV.
JAMES II. 1437-1460. PART FOURTH.
Upon the 2 2d of January 1449, in a Parliament held at
Edinburgh, King James confirms his Queen's dowry and
sets forth whence derived. Among other sources of income
she has '' The Lordships of Brechin, Badenoch, and Aber-
nethy, the great custom of the burgh of Perth with the rents
of the same, the Castle of Inverness with the great custom
and rents of the burgh of Inverness."
Upon the 13th of August 1449, John de Yle, who had in
this year succeeded his father Alexander, Earl of Ross,
granted at Inverness a charter to the Master of Sutherland,
of which the essentials are now quoted : —
To all who shall see or hear of this charter, John de Yle, Earl of Koss and Lord
of the Isles ; Greeting eternal in the Lord : Know all that we ha,ve given,
granted, and by this our present charter confirmed to our beloved cousin, Alex-
ander de Sutherland of Dunbeth, all and sundry the lands of Easter Kindeace,
with the pertinents lying in our Earldom of Ross, within the Sheriffdom of Inver-
ness, for his homage and faithful service : Which lands belonged to the late
Thomas de Fentoune of Ogil, and which said Thomas .... resigned
.... To be had and held the said lands of Easter Kindeace, with the perti-
nents, by the foresaid Alexander de Sutherland, his heirs and assignees, of us
and our successors, Earls of Ross, in feu and heritage for ever, by all right
marches, ancient and devised, in woods and plains .... hunting, hawk-
ing, fishing, and fowling .... In testimony of which thing we have
caused our seal to be appended to our present charter, at Inverness the 13th
day of the month of August, in the year of the Lord 1449, there being present,
John Stewart, Lord of Lorn ; Lachlan M'Gilleoin of Dowarde ; John Murchardi
M'Gilleoin of Fynschenys ; John Lachlan M'Gilleoin of CoUa ; William, Thane
of Cawdor ; Master Thomas Lochmalony, chancellor of the church of Ross ;
Andrew Reede, Provost of the burgh of Inverness ; and Alexander Flemmyng
of Perth, with divers others called in testimony.
In 1449, for the first time, is found any charter or deed
connected with Inverness, written in the language of the
country. All deeds prior to this date, referred to in these
papers, are written either in the Latin or Norman-French
languages. Exact copies of two deeds are here given, so
that the language and spelling then used may be noted.
The first is a charter of alienation by Andrew Graham,
burgess of Inverness, with consent of Elizabeth, his wife,
daughter of Donald, and Donald his son and heir, in favour
f William of B Light, of an acre of land in the Gairbread,
dated 20th July 1449. The lands of Gairbread are to the
north-east of the town beyond Rose Street : —
To all this charter sail here or see, Androw Grame, burges off Inuernys, sends
gretyng in godde ay lestande, wit ze me, with ye consent of Eby, Donald's
dochter, and Donale, his son and ayre, to haff gyffen, gravntide, and be tityll off
sellyng to haff latyn, ande als be yis my present charter, to haff confirmyt to
INVERNESSIANA. 117
my traist and lele neiclibour, Wilzame off Buch, burges of ye saide burch,
ane akir off arabill lande lyande in ye Garbreide off ye saide burch, betwix ye
lande off vmquhyle Scher Patrick off ye Warlaw, to ye est on ye ta i)art, and
ye lande off ye rude anterior off ye Paroche Kirk off Inuernys, to ye west on ye
toyer part, ye ta ende exteudande to ye lande off quhylum Wilzame Pilche
to ye south, and ye Seagate to ye north for a certane soume off mone befor-
hande to me thaucfully nowmeryt ande pait, of ye quhilk, I lialde me fully
content and in myne eyse convertide : To be haldyn and hade ye saide akir off
feilde lande with ye pertenants, to ye forsaide Wilzame, his ayrs and as-
signeis, fra me, myne ayrs, ande assigneis for euir, be all yair richtmerkis, aulde
ande devisit, frely, quytly, halely, honorabilly, wele, ande in pece, with all
commoditeis, fredomys, aysiaments, ande rychtwis pertenants, quhatsomeuir yai
be, yat to ye forsaide akir off felde lande with ye pertenants, als wele nocht
nemnyt as nemnyt, pertenys or rychtwisly may pertene ony manner of ways
tyme to cum : Ande I, forsuth, ye said Andrew, myne ayrs ande assigneis,
ye forsaide akir off lande with pertenants in all, and be all things as is forsaide
to ye saide Wilzame, his ayrs ande assigneis, we sail warande, acquyt, ande defende
foreuir : Ande giff it happyns me ye saide Andrew, Eby, or Donalde, coniunctly
or seuerauly, ye forsaide sellyng ande analying off ye saide lande with ye perte-
nants, to revoke or gayncall, I oblis me or vs quhasa euir it dois myne or ours ayrs,
executours, ande assigneis, in ten pondes off vsuale mone off Scotlande to pay
fullely to ye Paroche Kirk werk off Inuernys befor ony entra yeroff in plede :
Neuiryeless, yis, my present charter, in ye propir strynth perpetually till
endur : In witness off ye quhilk thing, my sele to yis present charter is
hungyn, ande for ye mare sekerness off ye quhilk thing, ye saide. Eby ande
Donalde, as for yair pairt, has procurit ye sele off a discret man, Thome Cuth-
bert, yat tyme ane off ye bailzeis off ye said burch, ye quhilk be me gaff state
and saesing off ye saide akir off lande to ye forsaide Wilzame, ande to yis
present has gert be hungyn at Inuernys ye twenty day off July, ye zer off Godde
a thovsande four hundreth fourty ande nyne zers : Witnes discret men —
Huchon Clerk, Alexander Vaus, James Makison, Mechel Becy (Bety), Donalde
of ye Auld Castele, Cristi Tailzour, and Huchon Donaldson, with oyers syndri
yerto callit and specialy prayt.
The other is a mortgage by John Campsy, burgess of
Inverness, in favour of John Young, Thomas' son, also
burgess of Inverness, of a rood of arable land in the Ship-
Flat, dated 20th September 1449. There is some doubt as
to where this rood lay. The Ship-Flat is generally under-
stood to have lain on the east side of the river banks. The
Chapel of the Green, one of the bounds, lay on the Green of
Muirtown, or '^ Muckle Green," on the west side of the
river. At the present time Mr Matheson, M.P., pays a feu
of 12s 7d for the following lands, viz., those of the Chaplainry
of the Green, part of Merkinch and Planefield.
The explanation may be that at this early period, as most
of the waters of the Ness found their way to the sea by the
Abban, the Ship-Flat extended to both sides of the then
estuary : —
Be it made kende till all men be yir present Lres, me lone Campsy, burges
off Inuernys, to be haldyn ande straytly be yir present Lres to be oblest to a
discret man lone Zonge Thomson, burges off yat ilk burch, in a somme of
thretteue schelings and four penys off vsuale mone off Scotlande to me thancfully
lent in my strenzande mysere, and in myne eyse conuertide, ffor ye quhilk
somme I haf put in plege, ande als be yir my present Lres putts in plege a feilde
rude of my lande arabill, lyande in ye schep fiat ner by est ye chapell off ye
gren, betwix ye landes off lone Goffrasonys, als wele to ye est on ye ta part, as
to ye west on ye toyer part, of ye quhilk ye ta ende extends to ye scay-gate
foment ye south, ande ye toyer ende to ye dyke of ye gren foment ye north : To
be haldyn ande hade ye saide feilde rude of lande arabill to ye forsaide lone
Zong Thomson, his ayrs^ and assigneis, fra me myne ayrs and assigneis, with
118 INVERNESSIANA.
all freedomys, commoditeis, aysiameiits and rychtious pertenant, to sec, rayse,
dispone ande occupy at his awyn will euir : Quhill be me myne ayrs or assigneis
ye saide some of threttene schelings four penys to ye forsaide lone Zong Tliora-
son his ayrs or assigneis, berers of yis letter to be fully content, asseichit and
pait, betwix ye son rysing and settying off a day, in ye saide burch off Inuernys,
but fraude ande gyle : Ande quhat profits and aythers, ye saide lone Zong
Thomson, his ayrs and assigneis, recouers of ye said lande in ye meyn tyme be
na manner off way sal be covntide, reknyt, na alowit in ye forsaide somme bot
alvais, I for me myne ayrs and assigneis remitts and forgiffs it foreuir, and
quhat tyme ye forsaide lande be frede and lovsit be ye saide soume off mone,
ye forsaide lone his ayrs or assigneis sal occupy, joys and rayse ye profits and
froyts (fruits) and hale zere next yairefftir of ye saide lande. Ande I forsuth ye
said lone Campsy, myne ayrs and assigneis, ye forsaide wedsettyne, to ye saide
lone, his ayrs and assigneis, sal warande, acquit, and defende foreuir, with forme
and effec forwretyn. In witnes off ye quhilk, for quhy I had no sele propir, ye
sele of a discret man, Jamys Jonson, yat tyme ane off ye baikeis of ye saide
burch off Inuernys, ye quhilk be my resignacionn, gaff state, and saysing, of
ye saide lande, to ye forsaide lone Thomson Zong, with instance I haf procurit
and to yis present Lres gert be liungyn, at Inuernys, ye foure and twenty day off
September, ye zere of Godde, a thovsande four hundreth fourty ande nyne
zeres : "Witnes Jamys Makyson, Jone Ceras, ande Dauid Clark, with others
syndri.
The following entry appears in the account rendered in
Exchequer by the Bailies of Inverness from 10th September
1448 to 15th July 1450 :—
And for payment made to "William Caldor of that Ilk, for two chalders of
corn, bought from him and delivered to Thomas de Ogilvy (captain of the castles
of Inverness and Urquhart), for the King's use, by command of the King, and
of Robert de Levingstoun, formerly keeper of the accounts of our Lord the
King, as is clear by their letters of command, and by the letters of receipt upon
the account of the said William Caldor xiiij. li. viij. s, for which corn the
said Thomas de Ogilvy shall answer.
XLY.
JAMES II. 1437-1460, PART FIFTH.
The following charter of half an acre of land in Domes-
dale, was granted by John Thomas Foyre, burgess of
Inverness, to Andrew Reid, so frequently named, and is
dated 3d August 1450 :—
To all who shall see or hear of this Charter, John Thome Foyre, burgess of
Inverness ; Greeting eternal in the Lord : Know that I have given, granted, and
by title of sale delivered, and also by my present Charter confirmed, to the
honourable man Andrew Rede, burgess of said burgh, one half acre of arable
land, lying within the eastern part of the plain, " lie Damysdale" of said burgh,
between the land of Donald Tailzour on the east side on the one part, and the
land of Alexander Man on the west on the other, whose front extends to the
King's common highway towards the south, and the back to the land of the
Altar of the Holy Cross towards the north, for a certain sum of money fully
counted and paid into my hands : To be held and had the said whole half acre
of land with the pertinents by the foresaid Andrew, his heirs and assignees, of
me my heirs and assignees, for ever, freely, quietly, wholly, honourably, well,
and in peace, with all commodities, liberties, and easements, and their just
pertinents whatsoever, as well not named as named, belonging to said land with the
pertinents or which may in future in any way iustly belong : And I the said John,
INVERNESSIANA. 119 \
my heirs and assignees, shall warrant, acquit, and for ever defend said half acre
of land with the pertinents to the foresaid Andrew, his heirs and assignees, in
and by all means as is foresaid against all mortal men and women : And if it
happen that I, ray heirs, executors or assignees, contravene this my sale or revoke
it in anyway, I oblige me, my heirs, executors, and assignees, in £10 of the usual
money of Scotland, to be fully paid toward the work of the Parish Church of
Invei'ness, before any step whatsoever of law, the present charter, however, shall
endure for ever by its own strength. In testimony of which matter my seal
is appended to the present charter, and for the greater security of this matter
I liave with great instance procured and caused to be appended to my present
charter the seal of the discreet man William Tawson, one of the bailies of
said burgh, who for me gave sasine of said land to the foresaid Andrew, reserving,
liowever, the rights of parties, together with the common seal of the foresaid
burgh. At said bvirgh, the 3d day of the month of August, in the year of the
Lord I-ISO. "Witnesses— Hugh Clerk, John Gravnt, Walter Thome, John Pilche,
Thomas Angusson, and John Vaus, with many others called and specially
requested.
Tytler, quoting the Auckinleck Chronicle, narrates under
the date of 1451 : —
The Earl of Ross, who died in 1449, had transmitted to his eldest son John, his
treason along with his title ; and the new earl, who was connected by marriage
with the Livingstons, broke ovit into rebellion, and seized the royal castles of
Inverness, Urquhart, andRuthven in Badenoch. This last place he immediately
demolished ; tlrquhart was committed to Sir James Livingstone, who, on the
first^news of Ross's rebellion, had escaped from theEling's court to thejiigh-
Jands^ ' whilst Inverness castle was supplied with military stores and strongly
''garrisoned.
The Mackintosh MS. History on this point states, " In
the year 1451, when Malcolm Mackintosh was worn out
with age, and John Earl of Ross, his friend, in a state of
rebellion, James II. gave the command of the garrison of "
Inverness to one called Crichton, whom the same Earl of
Ross afterwards threw out of it by stratagem." Tytler
further records under date 1452 : —
James promoted to the office of Lieutenant-General of the Kingdom the Earl
of Huntly, committing to his assured loyalty and experience in war the task of
putting down the rebellion of Crawford and Ross, and empowering him to
promise to all who came forward to join the royal standard an ample indemnity
for past offences, as well as to those who continued firm in their original loyalty
the most substantial marks of the favour of the Crown. .Huntly, in the
execution of his new office, instantly raised a large force in the northern
counties ; and having displayed the royal banner, encountered the Earl of Craw-
ford, surnamed " The Tiger," on a level moor beside the town of Brechin and
gave him a total defeat. The action was fought with detennined bravery on both
sides, and, although Huntly far outnumbered his opponents, for a long time
proved doubtful.
Huntly's two brothers, Sir William and Sir Henry Seton,
fell at Brechin.
Upon the forfeiture of the Earl of Douglas, his brother
the Earl of Moray, and of John Earl of Ross shortly after,
the following lands were annexed to the Crown : —
The castles and lordships of Inverness and Urquhart, with the water-mails
or rents due for the fishings of Inverness ; the lordships of Abernethy, and the
several baronies of Urquhart, Glen-orchane, Bonnechen, Bonochar, Annache,
Edderdail, otherwise called Ardmanache, Petty, Brachly, and Strathern ; and,
lastly, the Redcastle with the lordships in the county of Ross which are attached
to it.
120 INVERNESSIANA.
On the 20th May 1451, Andrew Reid, Burgess of Inver-
ness, whose name appears in so many deeds, and who had
filled the offices of Provost and Commissary of Inverness,
with consent of his spouse, Marjory Grant, presents a dis-
creet man. Lord Thomas de Tayn, to the perpetual chaplainry
of the altar of St Catherine, within the Parish Church of
Inverness, and humbly entreats John, Bishop of Moray, to
admit the presentee to foresaid presentation by delivery to
him of his ring, and that he command the rural dean to
induct and invest the presentee in corporal and real posses-
V sion of said chaplainry, with the pertinents. Given under
his seal, at Inverness, on the day on which he made his will,
viz., 20th day of May 1451. Whereupon the Bishop of
Moray issued the following order and precept : —
To all and sundry sons of Holy Mother Clmrch, to whose knowledge these
present letters shall come, John, by the grace of God, and of the Apostolic See,
Bishop of Moray ; G-reeting, in him who is the true salvation of all : Know,
that we for the praise and glory of God omnipotent, the Holy Mother Mary,
St Catherine the Virgin, and of all saints, have created, and by pontifical
authority of new have erected a perpetual chaplaincy in the Parish Church of
Inverness, to the altar of St Catherine in the same, for one chaj)lain to perform
there for ever divine worship for the souls of the most serene prince and our
lord. Lord James, by divine clemency King of Scots, and of Queen Mary, his spouse,
and for the souls of the late Andrew Reid, burgess of Inverness, and Marjory
Grant, his spouse, and for the souls of their predecessors and successors, and of
all the faithful dead, to which chaplaincy we attach by said authority and for ever
unite all and sundry lands, tenements, acres, crofts, and annual rents acquired
by their own conquest by the said late Andrew and Marjory and assigned to
said chaplaincy, both lying within and without said burgh, according as in our
other letters made thereupon, and specially expressed, and also contained in
the register of our Church is more fully contained, which chaplaincy, with all
its rights and pertinents, on the request and devout supplication of the said
Marjory, and from a sense of love, we bestow upon the discreet man. Lord
Thomas of Tayn, presbyter, and with the same also provide him, and have
inducted and presently invested him therewith by delivery of our ring, and by
committing specially to him the cure and administration thereof in things spiritual
and temporal, which chaplain and all chaplains his successors for ever in said
chaplaincy, we will and appoint to be bound with the other perpetual chaplains
of said church similarly engaged, and bound, to perform the service of the
blessed Virgin Mary every Saturday in ecclesiastical garb, with note in said
church, and also at vespers on Sundays, and at the greater mass and second
vespers on all Sundays and festivals, and the six holidays at the altar of the
Holy Cross iu foresaid Church : We therefore commit to you, the dean of our
Christianity of Inverness, in virtue of your sacred obedience by the tenor of
these presents, and command that you induct and appoint the foresaid Lord
Thomas, or his procurator in his name, in and to real, actual, and corporal
possession of said chaplaincy, and of all the rights and pertinents thereof ; and
when inducted and appointed canonically, you defend him by strictly restraining
contradictors and rebels, if there be any, by ecclesiastical censure by our
ordinary authority, and in sign of your appointment and of delivery of possession
to him, append your seal on the second tail after ours, to remain for ever with
said appointment. Given under our round seal, at our Palace of Spiny, the 6th
day of the month of March, in the year of the Lord 1451, according to the
course and computation of the Scottish Church and of our consecration the 15th.
In the Parliament held at Stirling on 25th October 1451,
it is ordained : '^ Item, the pennies that were struck by the
King's coiners, that is to say, Eobert Gray and John of
Dalrymple's father, himself, Alexander Tode, and John
INVERNESSIANA. 121
Spetliy, shall have course as they now have on to the time
of the said new strike,* and of these pennies shall be taken
but 12d to the pound; and all other pennies struck by
Henry Goldesmyth, and by all other false coiners, either
struck in Inverness, Dysart, Forfar, or in any other place,
shall have no course from this day furth, nor be received in
payment."
Among the Crown receipts for 1457 we have £16 received
from the Custuniarii of the great custom of the burgh of
Inverness — and 20s received from the bailies of the burgh
of Inverness, of the King's rents of said burgh.
Among expenses, there is paid to John Schethow for
riding from Inverness to the Lord, the Earl of Ross, on the
King's affairs, for his expenses, 20s.
XLVI.
JAMES II. 1437-1460. PART SIXTH.
Upon the 8 th of November 1451 the King granted a charter
of erection of some of the lands belonging to the Church of
Moray, into the Barony of Spynie, and as it includes several
lands in the neighbourhood of Inverness, and the reddendo
was the giving of one suit or attendance yearly at Inverness
in the King's Chief Court held there next after Easter, it is
here given —
James by the grace of God King of Scots, to all good men of his whole realm,
cleric and laic ; Greeting : Know that we to the praise and glory of the Holy
Trinity, and because of thankful homage by the reverend father in Christ, John
Bishop of Moray, our beloved Chancellor, frequently j)aid in his time to our pro-
genitor of happy memory andto becontinuedby him faithfully to us, gave, granted,
and by this our present charter confirmed to the said reverend father in Christ,
John Bishop of Moray and his successors, bishops of the Church of Moray, all
and sundry the lands of the Barony of Spiny with their pertinents, dependencies
and annexes, also all and whole the baronies and lands within written, viz : — the
baronies of Kynnedor, Byrneth, Rothenet or Eoffert, Fotherues, and Keyth, and
all and whole the lands and tenements, glebes, acres, and crofts belonging to
said Church of Moray, canonics, and chaplains thereof and rectors and the
vicars of said diocese lying within the Sheriffdoms of Inverness and Banff, viz. :
— the lands of the two Kinmylies, the two Abriachans, Abertarf , Boleskin, Forthii',
and the lands of the Marsh of Strathspey, the lands of Bothymurchus, the
davoch of Ynche, the davoch of Lagankenzee, with the lakes and fishings of
said lands, with the tower of said lake of Lagankenzee, the half davoch of
Colnakewill, the lands of Auchmony and Kirkmichel, the lands of Kyncardy
and Kyncardin, the town of the Church of Dolesmichel, the towns of the chui-ches
of Eskyll and Dupi^ill, Bothes, Altyre with the Ord thereof now commonly
called the Bishop's Ord, the town of the Church of Kynnore, and the crofts
and acres of the churches of Kingussie and Inuerelzem, AVarlaw, Dyik, Dultargusy
* The strike or coinage referred to is provided for in the previous proceedings of this
same Parliament.
Q
122 INVERNESSIANA.
and Chapel of Rait, and the port and fishing of the water of Lossie, and the
tenandries and town of the Church of Deveth, Artralze, Croy, Moy, Duldawauch,
Ewan, Undist, Lochlin or Innerin now of Abhirlour, Butruthyn, Arthilldoill,
and of Core of Kynnermouth, Avachy, Kyntallargyne with ly Esse and fishing
on the water of Forne, Dunbennan, Ruthven, Botary, Drumdelgie, Ryne,
Innerkeithny, and the lands of Rothymay, and the lands of Domus Dei, near
Elgin, the tenandry of Drumreoch, with all and sundry pertinents thereof, into
one pure, entire, and free barony, to be called henceforth the Barony of Spiny,
which we will to be called and be, in time to come for ever the head of said
Church, which all and sundry baronies and lands foresaid, with all and sundry
the pertinents and annexes, we attach to, incorporate and for ever unite to said
Barony of Spiny by the tenor of the present charter : To be held and had,
all and sundry the foresaid lands with the i^ertinents, in one pure and entire
barony, to be called that of Spiny for ever in time to come, by the foresaid John
Bishop of Moray, and his successors Bishops of Moray, in feu and heritage
for ever, by all their right marches and divisions, in woods, plains, moors,
marshes, ways, byways, waters, pools, rivulets, meadows, pastures, andpasturages,
with mills, multures and their sequels, with hawkings, huntings, fishings, rights
of casting peats, turfs, collieries, stone-quarries, stone and lime, smithies,
breweries, heaths, brooms, with courts and their exits, herzelds, bludwitis and
merchet of women, with tenandries and services of free tenants, with doves
and dovecots, with ancient customs, with pit and gallows, sok, sak, thoU, theme,
infangtheif, outfangtheif, and with all other and sundry liberties, commodities,
and easements, and their just pertinents whatsoever, as well not named as named,
which belong to foresaid lands with the pertinents, or which may in future in
any way just belong, as freely, quietly, fully, completely, honourably, well,
and in peace, as any barony within our kingdom, is freely granted or bestowed
by us or our predecessors in times past, whatsoever : Doing therefor to us and
our heirs, the said John and his successors. Bishops of Moray, one suit at
Inverness yearly in the chief court thereof, held there next after the Feast
of Pasche (Easter), only, in lieu of every other burden, exaction, question,
demand or secular service, which of said barony with the pertinents shall justly
be exacted by whomsoever, or required in whatsoever manner : In testimony of
which matter we have commanded our seal to be appended to our present
charter ; the witnesses being the reverend fathers in Christ, William and
Thomas, Bishops of the Churches of Glasgow and Galloway, our dearest cousin,
William Earl of Douglas and Avondale, Lord Galloway, William Lord of
Crichtoun, ou.r chancellor and very beloved cousin ; our beloved cousins, William
Lord Sommerville, Patrick Lord Glamis, Master John Arrous, Archdeacon of
Glasgow, and George de Schoriswode, rector of Cultre. At StirKng the 8th
day of the month of November, in the year of the Lord 1451, and of our
reign the 15th.
As a good specimen of the mortgage of real estate at this
time, written in the Scottish language, there is now quoted
, a deed by Finlay Murchison, burgess of Inverness, with con-
li sent of Ellen Anderson, his spouse, and of John Hay and
' Janet Anderson, his wife, to William de Bught, dated 6 th
March 1452:—
Be it maide kende till all men be thir present letters, me Fowill Morthoison,
' burges of Innuernys, with ye consent of Elyne, my spouse, dochter of vmquhile
j Walter Anderson, burges of ye saide burch, Johnne Hage and his wiff Jonate,
' dochter and ayre to quhilum Alxander Anderson, bui'ges of ye saide burch,
\J to be haldyn, ande stractly be thir my present letters to be oblist to ane discreit
man Wilzame of Buth, burges of yat ilk burch, in a somme of foure ponds ten
schelings of vsuale mone of Scotland to me thancfully lent in my strenzeande
myscery lauchfuUy provit, and in myne oyse convertit, ffor ye quhilk somme of
mone I haf put in plege, ande als be thir my present letters, putts in plege
thre schelings of annuell rent of ane rude of lande lyande in ye saide burch, in
the estgat, on ye north pairt of yat ilk, be twix ye lande of Donalde Cristison
to ye est on ye ta pairt, and ye lande of AValter Thomson to ye west on ye
tother pairt, of ye quhilk ye forfront extends to ye King's gate foment ye
south, and ye tayle to ye common venale foment ye north : Alsua thre
schelings of annuell rent of ane rude of lande lyande in ye saide gate on ye
south side of yat ilk gate, betwix ye lande of Patrik Genour to ye est on ye ta
INVERNESSIANA. 123 I
<
pairt, ande ye laiide of Thome Cuthbert to ye west on ye tother pairt, of ye '
quliilk ye forfront extends to ye common gate foment ye north, and ye taile to
ye common venale foment ye south : To be haldyn and hade, ye_ saide sex :
schelings of annuell rent to ye forsaid Wilzame, his ayrs and assigneis, fra me,
myne ayrs and assigneis, with all law ande rycht yat I haf, hade, or may haf
tyme cummyng, perpetualy in ya lands, frely, quytly, fully, honorabilly, weile |
and in pace, as ony burges within ye saide toon of Inuernys, yair annuell l
rents of yair lands to feferme of yar haldyn, sail halde or posseide euir : Quhill '
me or Elyne, Jone or Jonat, oure ayrs or assigneis, ye forsaide somme of four 1
ponds ten schelings to ye saide Wilzame, his ayrs or assigneis, betwix ye son j
rysing ande settying, of a day within ye saide burch of Inuernys, but fraude, j
gile, cauillacioun, or excejitioun, it be fully contentit, peit ande asseichit ; Ande . ^-^
giff it happynis vs ye saide Foule, Elyne, Jone or Jonat, oure ayrs, executours \>^
or assigneis, to gayn call yes forsaide wedsetyne, or it in ony manner off way !
to reuok, we obliss vs conjunctly and severally, our ayrs, executoars, and
assigneis in ten ponds of vsuale mono of Scotlande, to pay to ye paroche kirk
werk of Inuernys, before or we be herde in plede, neueryeless yis present
evident to remayne in ye propir strenth. In witnes of ye quhilk my seile to
yis present is hungyn ; Ande for ye mare sekernes of ye quhilk thing ye seile of
ane honorabill man, John Thomson Skyner, yat tyme ane of ye bailzeis of ye ,|
saide barch, ye quhilk be me gaf say sing as of weidsettyne of ye saide annuell j
rent to ye forsaide Wilzame, with instance I haf procurit, and to yis present has
gert be hungyn at Inuernys, ye sex day of Marche, ye zer of Loi-d a thousande
four hundreth fyfftie and twa zers : Witnes, Alxander Vauss, Donalde of Auld j
Casteile, John Gray Skynar, and Davi Clerk, with others syndri.
On the margin we have — ■
Item. — To Fowill, hys dochter, and to John Cezar and his wyffe, Jonat Koss, 'i^
to mak ye V. ponde heyll.
And on the back —
Mem. — Yt Jonat, ye dochter of ye saide quhilum Alx. Anderson, has resauyt _,
of ye forwretyn soume thre schelings and sixpenys. ^
At Edinburgh, on 15th August 1452, King James grants
a charter of regality of Spynie to John, Bishop of Moray, for i
the same reasons that he had the year before erected the lands |
into a barony. The reddendo is a red rose to be delivered \
to the King, his heirs, and successors, at the burgh of !
Inverness, on the Feast of the Nativity of iSt John the j
Baptist, and the intercessions of devout prayers. The wit- \
nesses are, with one or two exceptions, the same as those in i
the charter regarding the barony, first above quoted. At '
Aberdeen, on the 16th April 1488, James III. confirms this \
charter.
At Inverness, on the 19th October 1452, Mariota (Marion) !
Scot, wife of John Reoch, burgess of Inverness, with his '^ \y \
consent, and that of Adam Reoch, her son, sells to William ' i
de Buthe, burgess of said burgh, an annual rent of three I
shillings, furth of a particate of land which belonged to the '
late David Genor, lying in said burgh, in the Estgate on the
south side thereof, twixt'.the land and stone house of the late V^Si^^yx^ \
John Scot, at the east on the one part, and the land of the K>>v/«^
late Donald Tailzeour at tlie west on the other, extending in "
front to the King's highway towards the north, and behind j
to the vennel of the said King towards the south, for a \
INVERNESSlANAa
certain sum of money, &c. No red. :^:^In witness of which
jnatteiysifteeX-hiive -no-seal of my own, J have with instance
t
procured the seal of my beloved consin^ Alexander Waus, to
he appended before the underwritten witnesses, and for the
greater security of this matter, the seal of the prudent man,
Hugh Clerk, one of the bailies of said burgh, who gave
sasine to the said William of said annual rents to these pre-
sents. At said burgh, the 19th day of Octoher 1452. i
Witnesses — John Grant, and the discreet men Lord Patrick |
Elegear, chaplain of the Holy Cross of the Parochial Church
of Inverness ; Friar Alexander, Andrew de Brechy, Maurice
Reoch, Donald de Auldcastell, John Grey, and Cristin
Skynar, and many others."
At Inverness, on the 13th November 1452, John Thome,
called Foyr burgess of Inverness, sells to his beloved neigh-
bour, Alexander Hesow, burgess of said burgh, one piece of
a particate of his land, lying on the west side of Church
Street of said burgh, between the land of the heirs of the
late William Skynnar at the south on the one part, and the
land of John Pilche at the north on the other, whose front
extends to the King's common highway towards the east, and
the back to the other part of said particate which he sold to
Finlay Sutor by sasine and charter at the west on the other,
so that the piece of land belonging to the said Alexander
extends itself to the house built by the said Finlay ; for a
certain sum of money, &c. Paying therefor yearly to the
altar of St Katherine of the Parish Church and to the chap-
lain who shall be there performing divine service 3s of usual
Scots money, at two terms, by equal portions, and to our
lord the King 3d yearly, in lieu of every other burden, &c.
'' In testimony of which thing, in the absence of my own
seal, I have with instance procured the seal of Ranald Clerk,
burgess of said burgh, and caused it to be appended to the
present charter. And for the greater security of this matter
I have procured to be appended to the present charter the
iSeal of John Thome, one of the bailies of said burgh, who
gave sasine to the foresaid Alexander of said piece of land
with the pertinents. At said burgh, 13th November 1452."
The witnesses are— James Johnson, Provost ; Hugh Clerk
and John Thome's son, Skynnar, two of the bailies ; William
Macyin, Thomas Cuthbert, Donald Andrew, John Daltoun,
Lord Thomas de Dingvale, and many others.
Marjory, one of the daughters and heiresses of the late
David Pickart, burgess of Inverness, with consent and assent
of Jonet and Dowat, her sisters, sells to her beloved Ayde
Carran, relict of the late John Thomson, burgess of Inver-
125)
INVERNESSIANA,
ness 12d of annual rent of one particate of land lying in tlie
burgh of Inverness in the Bridge Street, on the north side
of that street, between the land of John Donaldson at the
east on the one part, and the land of Hugh Thomson at the
west on the other, for a certain sum of money, &c. " In
testimony of which thing, as I had no seal of my own, I
have procured with great instance, and caused to be appended
to my present charter, the seal of the discreet man Alexander
Vans, burgess of Inverness, together with the seal of Hugh
Clerk, one of the bailies of said burgh, who for me gave
hereditary state and sasine as the manner is to the foresaid
Ayde Carran. At said burgh, 3d April 1453. Witnesses
— the discreet men Lord Patrick Flegear, Lord Andrew
Blaic, Lord Hugh Michael, chaplains ; John Thomson
Skynar, one of the bailies of said burgh ; and David, parish
clerk of Inverness, with many others called and specially
requested."
XLYII.
JAMES II. 1437-1460. PART SEVENTH.
John Reide, son and heir to the late John Nevinson,
burgess of Inverness, for the sum of 40s lent by Master
Thomas Gollan, burgess of said burgh, gives him in pledge
a rood of his land with the buildings thereupon built, lying
in said burgh, and in the gate of Dymisdaile on the east
side thereof, betwixt the land of the late Robert Hog to the
south on the one part, and the land of Andrew Waus to the
north on the other part : To be held and had, &c. ^^ In
witness of the which, for why I had no proper seal present,
the seal of an honourable man, Alexander Waus, bailie, who
by me gave sasine of wadsetting of the said land, as the
manner is, to the said Thomas, with instance I have procured,
and to these presents have caused be hung at the said burgh
the 20th day of January 1454 : Witnesses — the venerable and
discreet men Sir Isaac of Moray, John Gray Skinner, Finlay
Johnson, and Andrew Mylne, with others sundry thereto
called and specially prayed."
Hugh Angus, son and heir of the late Angus Peter,
burgess of Inverness, sells to Alexander Yaus, burgess of
said burgh, 2s of annual rent of one particate of land, lying
in the burgh of Inverness, in the street le Estgate on the
\y
126 INVERNESSIANA.
south side thereof, between the land of Eugenius Faber at
the east on the one part, and the land of Mychael Betun at
the west on the other, whose front extends to the King's
common highway towards the north, and the back to the
old fosse of the Bernhill towards the south, for a certain
sum of money, &c. '^ In testimony of which thing my seal
is appended to the present charter, and for the greater
security of this matter I have procured and caused to be
appended to my present charter the seal of the discreet man
John Thomson, one of the bailies of said burgh, who for me
gave hereditary state and sasine, as the manner is, of said
2s of annual rent to the foresaid Alexander, at said burgh,
2d April 1454: Witnesses — the discreet men Donald Johnson,
William de Buyth, Donald of the Old Castle, and John Gray,
with many others called and specially required."
The said Hugh Angus, son and heir of the late Angus
Peter, burgess of Inverness, sells to his beloved friend,
William Ta wesson, burgess of said burgh, two particates of
his land burgage, lying together within said burgh, in the
Estgat Street on the south side thereof, between the land of
John Donald at the east on the one side, and the land of
the late David Genour at the west on the other, whose front
extends to the King's common highway towards the north,
and the backs to the common vennel towards the south, for
a certain sum of money, &c. : Giving therefor yearly to the
heirs of the late William de Pilche 5s of annual rent, of the
usual money of Scotland, at two terms in the year — viz.,
one-half at Whitsunday, and the other half at Martinmas,
by equal portions, and to our Lord the King ten pence at
the terms appointed within said burgh, &c. : — " In testimony
of which thing my seal is appended to the present charter,
and for the greater security of this matter I have with effect
and with great instance procured and caused to be appended
to my present charter the seal of the discreet man John le
Gravnt, burgess of said burgh, together with the seal of
Alexander Yaus, one of the bailies of said burgh, who for
me gave hereditary state and sasine, as the manner is, of
the said land to the foresaid William : At said burgh, 10th
May 1454 : Witnesses — these men and discreet lords Patrick
Flegear, chaplain, Thomas Cuthbert, Donald Tailzour, Wil-
liam de Bothe, Alexander Man, Donald Johnson, Donald
Symonson, John Williamson, and Alexander Dugallson,
with many others called and specially required."
In the year 1454 occurred the fight betwixt a section of the
Clan Chattan and Munros, at Clachnaharry. The circum-
stances have been frequently narrated, but never correctly,
INVERNESSIANA. 127
nor is it known tliat the principal actors were not only
reconciled but became brothers*in-law. The following ac-
count, written about 200 years after by Mackintosh of
Kinrara, bears every mark of being an unbiassed account,
and he treats of the event as one to be deplored : —
In 1454, a sudden and unexpected contest sprung up between Malcolm Mack-
intosh, commonly called Gilliecallum Oig, Mac-Mic-Gilliecallum Beg, grandson
of the afore-mentioned Malcolm Mackintosh (of Mackintosh), and John Munro,
tutor of Fowlis. A very keen contention followed. The origin of it was this :
— John Munro was second son of Hugh Munro of Fowlis, and acted as tutor to
John Munro, his nephew, bj' his brother George Munro of Fowlis. Returning
from a tour to the south for despatching his pupil's business, a dissension took
place between him and the inhabitants of Strathardle. He was contemptuously
treated and loaded with great abu.se. Intent upon revenge, he comes home,
informing his friends and relations of the injury he has sustained, and implores
their assistance. At the head of two hundred chosen men he advances with
all possible speed, and before his approach is observed enters Strathardle,
ravages the country, and carries off the herds of cattle. At the river Findhorn
on his return, the afore -mentioned Malcolm Oig, meets him by accident,
and understanding the matter, is urged by the young men that follow him to
demand a part of the plunder. John offers him twenty-four cows and a bull,
which Malcolm Oig proudly and rashly rejects, insisting on no less than
one-third part. John treats his demand with scorn, and proceeds on his way
determined to give none. Malcolm Oig incensed, instantly communicates this
to his friends, and immediately commands the inhabitants of Petty and
Lochardill to follow John and obstruct his progress until he, with the men of
Strathnairn, shall have come up. His commands are obeyed. They pursue
John beyond the water of Ness, and overtake him at a lake called Clachnaharry.
He (John) sends off forty men with the booty, and encourages the rest to fight.
A fierce conflict ensues. A few fall on each side. John, almost slain, is left
among the dead, but Lord Lovat upon better information takes care of his
recovery. John was afterwards called " Baichlich," i.e. maimed, because he lost
his hand in that engagement. From him descended the family of Milltown.
Malcolm Oig was not present in that battle which arose from his temerity, for
the conflict took place before he came up.
The same Malcolm Oig afterwards married Janet Munro, sister of John.
A commemorative monument was erected several years
ago by the late Hugh Kobert Dufi of Muirtown, on a site
amid the rocks where the fight took place.
On the 4th August 1455, the King granted the following
letter to the burgh of Inverness, which still exists and is
endorsed in the handwriting of the period, partly in Latin
and partly in the Scottish language. '^ Letters in favour of
the burgh of Inverness that Chanonri, called Forte la Rose
and Rosmarkin, that their gift shall not be prejudicial to
the gift of the burgh of Inverness of their liberty granted of
old before."
James, by the grace of God, King of Scots, to all good men of his whole realm,
cleric and laic ; Greeting : Though we have otherwise annexed, united, and
incorporated the town of Fortrose, now called the Canonry, in which is situated
the Church of Ross, with the burgh of Lower Rosemarky, together with the
liberties, commodities, and essements thereof, and with the other privileges and
customs — according as the foresaid burgh of Lower Rosemarky is more freely
infefted — it was not, nor is it our intention by this that prejudice should arise
in any way to us, our bui'gesses, or our burgh of Inverness in our great customs,
or to the former liberties or privileges granted to our said burgesses or to ovxr
burgh of Inerness aforesaid at a time of which there is no recollection thereof by
our predecessors, kings of Scotland; but rather to preserve and confirm, and by
128 INVERNESSIANA.
these presents we do confirm, unhurt and unweakened, the rights, liberties,
and privileges of our said burgh and burgesses thereof, in and by all as they
were infeft : and we do not wish by this union or annexation granted to
the Bishop or Church of Eoss to derogate in any way from said privileges and
liberties of our foresaid burgh. In testimony of which matter to our present
charter we have commanded our great seal to be appended. Witnesses — the
reverend fathei-s in Christ, James, our dearest cousin ; John and George, Bishops
of the Churches of St Andrews, Moray, and Brechin ; William, Earl of Orkney ;
Lord de Sancto Claro, our Chancellor and very dear cousin ; our beloved cousins,
Thomas, Lord Erskyn, William, Lord Somervele, George, Lord Setoune, Patri-
cius. Lord Glamys, William, Lord Borthwic, and William Bonare, our comp-
troller. At Edinburgh, the 4th day of the month of August, in the year of the
Lord 1455, and of our reign the nineteenth.
XLYIII.
JAMES II. 1437-1460. PART EIGHTH.
The battle of Brechin fought in 1452 by the Earl of
Huntly, on the part of the King, opposed to the tiger Earl
of Crauford, and the other nobles in rebellion, consolidated
the power of the family of Huntly in the north, whence no
subsequent attempts at dislodgment were successful. By
the beginning of the 16th century, they were, hereditary
keepers of the Castle of Inverness, and all powerful in the
neighbourhood, supplanting the old Earls of Ross and
Moray.
Amongst those who rendered service to the Earl of Huntly
at the battle of Brechin was Alexander, son of Sir William
Baillie of Lamington, by his wife Marion Seton.
The Baillies claim, and probably with justice, to be
descended from Alexander de Baliol, brother of John de
Baliol, who founded Baliol College, Oxford, which Alexander
was grand-uncle of King John Baliol.
The tradition undoubtedly is that the above Alexander
Baillie was the first of the name who settled in the north at
Dunean.
The ancient titles of Dunean do not exist, and it is thus
difficult to determine what the original right granted was.
The oldest document extant is an infeftment dated 17th
September 1554, in favour of David Baillie, the fourth pro-
prietor in the half of the lands of Sheuglie.
In the MS. history of the Baillies of Dunean, it is stated
that Alexander married Catherine, only daughter of Sir
Duncan Grant of Freuchie, by whom he had two sons,
Alexander, who predeceased, and William, who succeeded
his father, and was constable of the Castle of Inverness, an
INVERNESSIANA. 129
office long retained in the family. To whom William was
married is unknown, but his successor's name was Alexander,
who is found acting as Sheriff- Depute of Inverness in 1534,
as constable in 1546, and as a juryman the same year. His
wife's name is also unknown, but it is stated that he had
two sons, David and Thomas. David, the eldest son, and
above referred to as infeft in the lands of Sheuglie, is found
on record holding a Court as Sheriff-Depute on 24th April
1553. He is generally styled Constable of the Castle of
Inverness, and married Margaret, daughter of Hugh Rose
of Kilravock by his wife Margaret Urquhart of Cromarty.
It is stated that he was infeft in Dunain, Torbreck, Bal-
robert, &c., on 17th February 1554, but we have not seen
the deed, and that he died in April 1558. He is referred to
by the Earl of Huntly, in the following letter printed among
the Kilravock papers ; —
Traist cousin, after hearty commendation ; you shall know I have got a
relaxation of the horning to tlie M'l'arsoneis, and another to your brother and
his accomplices, which you shall receive, and keep the same until I advertise
you of nevv. You need not to ijroclaim them, because they are already
relaxed by my letters afore, which is sufficient thereanent ; therefore, let the
men know that you have them lying beside you, but use them not, and j)roclaim.
them not, until I advertise you of new, and let no more of your brother's
accomplices know of the same, but so many as I caused relax afore, until I
advertise you of new. You shall receive this copy of the book of respond for
the Sheriff comi^ts, and cause David Baillie and Culloden provide for their
letters of bond to be for my defence. And God have you in keeping. At
Finletter the xxv. of December. — Yours, (Signed) Huntly.
Endorsed " To our traist cousing Huchon Ros of Kilravok."
David had two sons, Alexander and William. The eldest
Alexander, got a charter under the hands of the Regent of
his lands of Dunain in 1564. In 1567 he is noticed as
witness to a charter. In 1566-8, he is found acting as
Sheriff-Depute. On 15th August 1571 , he received a charter
from George Earl of Huntly of the lands of Balrobert, and
dying unmarried in 1576, was succeeded by his brother
William, who was called " William Mor Duneancroy." He
married Catherine, third daughter of Robert Munro of
Fowlis, by his wife Margaret Ogilvie of Findlater. In 1583
William was Provost of Inverness, and in 1591 he is met
with as one of the witnesses to a charter. He died prior to
1600 — leaving three sons — Alexander, James, and John.
Alexander, the eldest son, married Catherine Munro of the
family of Milltown, descended of the tutor of Fowlis, who
was wounded at Clachnaharry, and acted as Bailie for the
family of Huntly. He left at least two sons —William, his
successor, 8th of Dunain, and David Baillie, first of Dochfour.
His daughter, Catherine, married one of the younger sons of
Fraser of Kilbokie.
R
130
7
INVERNESSIANA.
i
We shall refer on a future occasion to the further descent
of the Baillies of Dunain, as also to the Baillies of Dochfour,
whose descendant, the present Evan Baillie of Dochfour, is
one of the principal landowners in the Highlands. "
In the year 1455, according to Lesley — " He (the King)
made such arrangements with the principal Captains of the
Isles and Highlands, that the same were as peaceable as any
part of the Lowlands, and obedient as well in paying of all
duties of their lands to the King, as ready to serve in war
with great companies ; and specially Donald, Lord of the
Isles and Earl of Ross, who oft before had made bands with
the Earls of Douglas and Crawfurd against the King, and
intromitted with the King's house of Inverness, and called
himself King of the Isles ; yet he came to the King and
obtained remission, and gave pledges for good rule, and
brought a company of 3000 men to the King at the siege of
Roxburgh." Donald above referred to was not Earl of Ross,
but Donald Balloch.
In a Parliament held at Edinburgh on 4th August and
following days in 1455, it is ordained by reason of the
poverty of the Crown, which is often the cause of the poverty
of the realm, by advice and full council of Parliament thaTlT
certain lordships and castles be annexed to the Crown in j
each part of the realm for the residence of the King, and ~^
that such lordships shall not be given away in fee or frank
tenement to any of whatever estate or degree : Among others
so disposed of we have — " Item, ye houss of Inuerness and
Urcharde, and ye lordschipe of Thaine, and ye lordschipe of
Albernethy, with ye watter malys of Inuerness, togidder
with ye baronyis of Urcharde, Glenmorschyne, 8oupinche,*
Boriounchane (Banchor), Anache (Bona), Edderdaill, callyt
Ardmanache, Pettbrachly (Petty, Brackly), Stratherne, with
ye pertinence. Item, ye Red Castell, with ye lordschippis
in Ross pertenyng tharto, ande ye annexatione of yir lord-
schippis and castellis to ye Crovne mak na prejudice till our
souerane lady, ye quhenys conjunct feftment yat now is
anent ye lordschippis and castellijs assignit till her dovry be
our souerane lord with ye consent of ye thre estatis."
The following grant, dated 10th July 1455, by Hugh son
of Michael, vicar of Daviot, to the altar of St Michael, the
Archangel, within the parish church of Inverness, is inter-
esting : —
v_>
* This is the great possession of nearly 40,000 acres of land in the Braes of Strath-
dearn, received from the fanjily of Huntly in 1557, by that of Mackintosh, in part of the
assythment for the murder of William Mackintosh of Mackintosh in 1550. The name
has been also written "SafRne," " Schevin," &c., and is termed in Gaelic " An Coigan,"
or "Ihe Coigs," viz., Coignafearu, Coignascallan, Coiguaskie, Coiguufeunternacl:.
i
INVERNESSIANA. 131
To all the faithful in Christ who shall see or hear of these letters Hugh
Michael, Yicar of Deveth, son and heir of the late Michael Rurison, burgess of
Inverness ; Greeting eternal in the Lord : Know all that I, with consent and assent
of Agnes my sister, have given, granted, and by this my present charter have
confirmed and also alienated from me and my heirs for ever, by my assignation
made, to the altar of St Michael the Archangel lying in the Parish Church of
Inverness, and to the chaplain who shall be performing divine worship there for
ever, for the increase of the divine service, Ss of annual rent of one particate of
my land lying in said burgh in the Estgat Street on the north side thereof,
between the land of Symon Moricius at the east on the one side and the land
of Bricius Tailzour at the west in the other, whose front extends to the King's
common highway towards the south, and the back to the common vennel towards
the north : To be held and had the said 3s of annual rent by the foresaid altar
of St Michael, the Archangel, and the Chaplain there performing divine service
for ever, and his successors, of me, my heirs and assignees, with all right which I
have in said land, or shall in future have, as freely, qixietly, wholly, fully,
honourably, well, and in j)eace as any other ecclesiastic in the burgh of Inverness
can have, hold, or possess, his rents of the lands held in feu of him, freely, quietly,
fully, honourably : And I the said Hugh, my heirs and assignees shall warrant,
acquit and for ever defend said 3s of annual rent to the foresaid altar and to
the chaplain there for ever performing divine service, and his successors, in and
by all means, as is foresaid, and against all mortal men and women : And if it
happen, which God forbid, that I, my heirs, or executors, contravene this my
donation or in any way revoke it, I oblige me, my heirs, and assignees, in £10 of
the usual money of Scotland to be fully paid to "William de Botha, burgess of said
burgh, his heirs, and assignees, as patrons of the said altar before any steps in law,
the present charter, however, to endure for ever in its own strength : In testi-
mony of which thing, as I had no seal of my own present ; I have procured
with great instance and caused to be appended to my present charter, the seal
of the honourable man Hugh Clerk, one of the bailies of said burgh, who for me
gave hereditary state and sasine with effect, as the manner is, of the said 3s of
annual rent, to the foresaid William de Botha, in name and on the part of the
said St Michael the Archangel ; at said burgh, the 10th day of the month of July
in the year of tlie Lord 1455. Witnesses the venerable and discreet men— Lord
Andrew Blak, Chaplain ; John le Gravnt, Donald Johnson, bailie ; Henry Finlay-
son, John Camj)se, John Thome, Donald of the Old Castle, and John Gray, with
many others.
The obligation after quoted by Thomas Cuthbert, burgess
of Inverness, though apparently dated in 1405, must have
been granted in 1455, for the first Earl of Errol was only
created such in the year 1452 : —
Obligation from Thomas Gvihhert, dtoelling in the Constable Land in Inverness,
to William, first Earl of Erroll, 23<^ August 1455.
Be it made kend till all men, be thir present letters, me, Thomas Cuthbert*
burges of Inverness, to be obliged, and be thir my letters oblige me, to an high
and mighty lord William, Earl of Erroll and Constable of Scotland, That for his
Constable lands given to me in fee and heritage, after the tenor of the charter
made therupon, I, my airs, and my assigneys shall find yeirly to the said lord
William, his airs, a sufficient stable uj)on the said ground for the number of
twelve horses for all the tym of their residence in the burgh of Inverness,
togidder with sex pennies Scots yearly, if it be askit be the said lord or his airs :
In witness wherof my seal to these letters is to endure perpetually. At Inver-
ness, the xxiij day of August, the year of our Lord Ira— CCCO. and fyve years.
/
132 INVERNESSIANA.
XLIX.
JAMES II. 1437-1460. PART NINTH.
From the Chamberlain's accounts for the year 1456, we
find that he charges himself with rents of the lands round
Inverness, lying '^within the Barony of Leffaris* and Regality
of Ballockhill which are of the property of Moray."
" Item he charges himself with £144 of the rents of the
lands of Ard, Strathglass, Abertarf, and Strathardok, which
are in the hands of the Lord King, through the death of the
late Thomas Eraser of Lovat, in ward of the earldom of
Moray from the said term with the tenandries thereof." The
sum of this charge is evident.
" Item he charges himself with £50 of rents of the lands
of Urquhart and Grienmoriston for said term, which are the
property of the Lord King, and are granted to the Lord Earl
of Ross for his life, together with the Castle thereof, and
with £10 of rents of the lands of Bonoch and Bannachar for
the said term, which are the property of the Lord King, and
were worth of old 100 merks, except the fishings."
At Inverness on the 8th August 1456, Hugh Angus, son
and heir of the late Angus Peter, burgess of Inverness, sells
to his beloved William Bayth 8s 9d of annual rent, from
six particates of land lying within said burgh, in the street
of Dymigisdaile on the west side thereof, whereof five parti-
cates lie contiguous between the common vennel at the south
on the one part, and the land of John William at the north
on the other; Whereof the front extends to the King's
common highway towards the east, and the back to the land
of Ranald Clerk towards the west, to wit of two particates
of land between the said common vennel, which were Alex-
ander Gollan's, 3s of annual rent ; Item 7d of annual rent
of the particate of land which was the late John Duncan's :
Item 2s 4d of annual rent of the particate of land of Donald
Johnston : Item 2s 4d of annual rent of the particate of
land of Ranald Clerk : Item 6d of the annual rent of the
particate of land which was that of the late Andrew Reide,
in the same street (via) in the west part to the cross of the
burgh (market) on which a stone house was built, and between
the land of John Reide at the south on the other side and
the King's common highway at the north on the other,
whose front extends to the King's common highway towards
'^ Castle Leather, at this time apparently a Barony.
INVERNESSIANA. 133
the east, and the back to tlie land of Ranald Clerk towards
the west : And all, &c. '^ In testimony of which thing my
seal is appended to the present charter, and for the greater
security of this matter the seal of the honourable man Hugh
Clerk, bailie, who for me gave heritable state and sasine, as
the manner is, of the said annual rents to the foresaid
William, &c. At said burgh the 8th day of the month of
August 1456. Witnesses — the discreet men Alexander Vans,
John Ceras, Robert Ceras, Donald Skynnar, with many
others."
Andrew Black, chaplain, on the 20th of October 1456, as
son of the late John Blaik, burgess of Inverness, sells to his
beloved Alexander Yaus, burgess of said burgh, 6s of annual
rent of two particates of land lying within said burgh, one
of which lies in Church Street on the east side thereof,
between the land of the late James Johnson at the south on
the one part, and the land of John Thome Junior at the
north on the other; whose front extends to the King's
common highway towards the west, and the back to the Old
Fosse towards the east— to wit, of that particate of land 3s
of annual rent. Item — 3s of annual rent of one particate of
land lying in the same highway on the west side of said
street, between the land of Thomas Cuthbert at the south
on the one side, and the land of Matilda Beichan at the
north on the other part ; whose front extends to the King's
common highway towards the east, and the back to the
Water of Ness towards the west, for a certain sum, &c. " In
testimony of which thing, as I had no seal of my own, I
have, with instance, procured and caused to be appended to
my present charter the seal of the discreet man, William
Michael, one of the bailies of said burgh, at said burgh, the
20th October in the year 1456. Witnesses — John Junior,
John Thome, bailie (who for me gave with effect hereditary
state and sasine, as the manner is, of said 6s of annual rent
to the foresaid Alexander), William de Botha, Donald of
the Old Castle, John Coupillande, and John Gray Bkynar,
with many others."
In a Parliament held at Edinburgh on 6th March 1457,
it seems speedful to the King and the three estates, as to
the Article of Session, that it be continued until next
Parliament, in manner following — " That is to say, the
Lords of Session shall sit thrice in the year, each time forty
days, in these three places, Edinburgh, Perth, and Aberdeen;
the number of persons shall be nine, three from each estate,
and the clerk of the register. The next session to be held
in Aberdeen on 15th June, &c.," and among those appointed
i
134 INVERNESSIANA.
to this session we have Walter Thorn sone, of Inverness, as
one of the three appointed for the burghs.
From the Chamberlain Accounts for 1457, we find there
is disbursed to " Alexander Flemyng, burgess of Perth,
Keeper of the Castle of Inverness for the fabric and repair
of the houses in said Castle, and the enclosure round the
walls thereof by command of the Lord King." No sum is
mentioned.
1457. The Chamberlain charges himself with, among
others, £50 for '' the whole rents of the Lordship of Urqu-
hart and Glenmoriston for said term, and with £10 for the
whole rents of the Barony of Bona and Bannachar for said
term."
From the discharge we have " to Lord John Oggilby of
Luntrethyn on the part of his spouse for the terce due to
her of the rents of the lands of the property of Moray,
near Inverness, belonging to the Court of Ballokhill, for the i
said term, &c., £16 12s 9d ; and allocated to those accounting f
for the rents of the lands of Urquhart and Glenmoriston
granted by the Lord King to the Earl of Ross along with
the Castle thereof for the term of his life for said term, £50 ;
and to the Mair, near Inverness for said term, 13s 4d."
To Celestine of the Isles at the time when the Lord King
was last at Inverness, for his fee for said term, £13 6s 8d.
For the expenses of the Lords the Bishop of Moray and
Lord Glammis for feuing of lands near Elgin and Inver-
ness, 44s.
Deductions allowed the Chamberlains — "and allowed them
of the rents of the water of the burgh of Inverness for which
the bailies of said burgh have rendered an account, which
rents extend for the year to 80 merks, £17 15s 7d of said
term, but the rest of said term of the rents of said water of
Ness, viz., £8 17s 9d, are allowed above, and negligently, in
terce due to the wife of Lord John de Oggilby of the rents,
of the property of the lands of Ballochill in the Earldom of
Moray, because the rents of said water of Ness are the pro-
perty of the Crown of which it is known, that nothing pertains
to the Earls of Moray."
Upon the 8th February 1457, the before-mentioned Hugh
Angusson, burgess of Inverness, sells to his beloved and
special cousin, Alexander Wans, burgess of said burgh,
those annual rents of the lands under written with the
intention and to the end of the assignation thereof being
made to the altar of St Michael within the Parish Church of
Inverness, for the augmentation of divine worship there and
to a chaplain to perform divine service for ever. 1st, 18d of
INVERNESSIANA. 135
the particate of land of John Faber, which lies next the
vennel of the Lord the King at the east, and 2s of the land
of Andrew Grame, lying adjoining to the foresaid particate
towards the west, and 2s of the land of the late Henry
M'Lilan, adjoining the particate immediately foresaid, and
towards the west, and 2s of the land of Hugh Donaldson,
lying on the west side of the land of Andrew late of Henry*
M'Lilan, according as these four particates annexed lie in
the Estgat on the west side thereof, and 3s of the land of
the late Richard Johnson, which lies in the Church Street,
on the west side thereof between the land of John Thomas-
son at the south on the one part, and the land of the said
late Richard Johnson at the north on the other, and all, &c.
" In witness of which thing I have caused my seal to be
appended to my present charter, and for the greater evidence
and security of the matter, I have procured with instance to
be appended to this present charter, the seal of the prudent
man Hugh Clerk, one of the bailies of said burgh, who gave
sasine of said annual rents to the foresaid Alexander, before
these witnesses Andrew Grame, Donald of the Old Castle,
John Gray, Andrew Gardin, and William Grame, at said
burgh, 8th February 1457."
King James was at Inverness in the month of October
1457, as appears by the following charter to the burgh of
Tain and St Duthus : —
James, by the grace of God, King of Scots, to all good men of his whole realm?
cleric and laic; Greeting : Know that we, for the praise and honour of God Omni-
potent, and of St Duthac, have approved, ratified, and by this our present
charter have confirmed the infeftments, donations, and concessions made and
gi-anted in times past by our i)redecessors, kings of Scots, to the said St Duthac,
and to his collegiate church of Tain, and to the chaplains and clerics thereof,
and to the town of Tain, and those inhabiting the town itself, with the immunity
granted them within the four angular crosses placed around the limits of
the bounds of Tain, and all liberties and privileges whatsoever, hitherto granted
them by our said predecessors, as freely, quietly, fully, wholly, honourably, well,
and in peace, as the chaplains, clerics, and inhabitants possessed and enjoyed
said immunity, liberties, and privileges heretofore, together with the first foun-
dations of said immunity, and liberties, and privileges foresaid, so, however,
that our present confirmation does not turn out in future to the prejudice of
our burgesses of Inverness, with the infeftments and others made and granted
to the said burgh of Inverness by our predecessors : In testimony of which
matter, to our present charter of confirmation we command our great seal to be
appended : "Witnesses — The reverend father in Christ, George, Bishop of Brechin,
ou^r chancellor ; our beloved cousins, Alexander, Lord Montgomery, Patricius,
Lord Glamis, Robert, Lord Boyd, James de Levingstoun, our great chamberlain,
"William de Moravia of Tulibardin, and Ninian Spott, keeper of our rolls. At
Inverness, the 12th day of the month of October, in the year of the Lord 1457,
and of our reign the twenty first.
This is a true copy of the principal charter above written, produced before the
lords of Council, and by their decreet passed on the 6th day of the month of
February, in the year of the Lord 1564 ; copied, collated, and made to agree in all
with the original, nothing being added or removed which might change the sub-
stance or vary the meaning, by me, Master James Makgill of Kankelor, register
clerk of the rolls of the Registry, and of the Council of our supreme lord the
king. Under my manual sign and subscription. (Signed) Jacobus Makgill,
136
INVERNESSIA.NA.
Altlioiigli the privileges of the burgh of Inverness were
expressly reserved by the foregoing charter, the town would
appear to have taken alarm, and in consequnce, at Edin-
burgh on the 22 d October, ten days after, the King granted
the following letter : —
James by the grace of God King of Scots, to all good men of his whole realm,
cleric and laic ; Greeting : Know that we have approved, ratified, and confirmed
the infeftments and concessions made by our predecessors, Kings of Scots, to
the collegiate church of St Duthac and the chaplains and clerics thereof, and
to others inhabiting the town of Tain, with the immunity granted them within
the four angular crosses around the limits and bounds of the said town, and the
liberties and privileges also granted them by our said ancestors ; It never was,
nor is it, our intention by this to create any prejudice to ourselves or our burgh
of Inverness, or our burgesses, thereof in our great or small customs, liberties,
or privileges, granted to our said burgesses or our bvirgh of Inverness by our
predecessors Kings of Scots beyond the recollection of memory ; nay, rather
but to preserve unencumbered and unimpaired the rights, liberties, privileges,
and infeftments of said burgh of Inverness, and of our burgesses thereof,
according as they were infefted free and unhurt in and by all means, and we
have and do confirm them by these presents : "Wherefore we straitly command
and charge all and sundry our lieges and subjects, that no one in contravention
of the liberty of said burgh of Inverness, and of the burgesses thereof, sell, exer-
cise, merchandize, or infringe their privileges, or presume to attempt any thing
in contravention of their infeftments in future times, under all the pain which
they shall incur towards our royal laws. Given under our great seal at Edin-
burgh the 22d day of the month of October, in the year of the Lord 1457, and
of our reign the 21st.
L.
JAMES II. 14374460. PART TENTH.
Upon the 6th October 1458, Janet Anderson, with consent
of her husband, John Fullon, grants the following charter
to William de Bught : — •
To all who shall see or hear of this charter, Janet, daughter of Alexander
Anderson, grandson of the late Walter Anderson, burgess of Inverness ; Greeting
eternal iu the Lord : Know that I, neither induced by force, nor fear, nor having
fallen into error, but of my own i)ure and free will, for the payment of my
debts, and for the relief of my urgent necessity, with consent and assent of my
dear spouse, John Fullon, have given, granted, and assigned, and wholly sold
and alienated, and also by my present charter for ever confirmed, to a prudent
man, William de Botha, burgess of said burgh, two pecks of my land, which
are held to be the fourth part of an acre, lying in the upper plain of the Old
Castle, on the south side of the ditch of the wonted bounds, between the lands of
the heirs of the late Helen, daughter of Walter Anderson, my portioner, at the
north on the one side, and the land of Ranald Clark at the south on the other,
extending in front from the road which leads towards Drekery at the west,
and at the back to the capital (head) land towards the east, as the other lands
in the same plain extend themselves : To be held and had said pecks of land
with the pertinents by the foresaid William de Botha, his heirs and assignees, of
me, my heirs and assignees, in feu and heritage for ever, throughout all their
right marches, ancient and devised, with all commodities, liberties, and ease-,
ments, and their just pertinents whatsoever, freely, quietly, wholly, fully,
honourably, well, and in peace, without retention or i-evocation, for ever :
Giving therefor annually, the foresaid William and his heirs and assignees, to
INVERNESSIANA. 137
the lord of the Old Castle, who may for the time be, the foui'th part of a firlot
of oats, at the Feast of St Martin, in name of blench-farm, if asked, in lieu of
every other burden, secular service, exaction, or demand, which can be exacted
or required by me, my heirs or assignees, tor said lands with the pertinents :
And I, Janet foresaid, my heirs and assignees, shall warrant, acquit, and for ever
defend said pecks of land, with the pertinents, in and by all, as is foresaid, to
tlie foresaid William, his heirs and assignees, against all mortals, by means of
all our lands and possessions whatsoever, and all and sundry our goods,
wherever they may be placed, or found to be poinded, taken, and distrained
publicly, by any of them without any officer. In testimony of which matter,
since I and my foresaid spouse had no seals, and in sign of sasine by my said
spouse, by delivery of earth and stone, I have, with wonted instance, procured
to be appended to this my charter the seal of the prudent man, Alexander
AVaus, upon the soil of said land, the 6th day of the month of October, in the
year of the Lord 1458, these witnesses being present — John Ooupland, Donald
Keloch, John Gray, Dovan Tailzeour, and James Forsison, burgess of said burgh,
and many others.
From the Chamberlain Rolls the following items have
been extracted in connection with Inverness in the year
1458 :—
And to them (the Chamberlains) of the rents of one half part of the
lands of Bonoch and Bannacher, granted to Janet Stewart, spouse of
Lachlan Macgillane, by the Lord King under his great seal, for the life-
time of the said Janet, according to the evidence shown upon the account of
the last term of this account, £5. . , . And allowed them for two bolls of
malt, price of the boll 6s Od ; eight dozen plates, and wooden discs (trenchers),
and for salt for the improvement of the larder of Elgin, brought to Inverness
and Elgin for the time when the Lord King was last there, and not entered
in the dietary books, 29s ; and for payment made to the Lord Bishop of Moray
for the fabric of the Castle of Inverness, he confessing receipt upon the account,
£20: And allowed them for barrels for herring, viz., 30 barrels of Hamburgh
(measure), for said herring, viz., 63,000 of the assize fish of Inverness, and for
expenses incurred by them, and for the carriage of 12 chalders, 5 bolls, 1 firlot,
rent of Ardmannoch. in barley and corn, and the placing of the same and
storing it in the granary of the Lord King at Inverness, particularly examined
in the account, as is clear in a certain little book of Alexander Flemyng,
constable of Inverness, left with the clerk of register, £4 5s : Paid to the said
constable by the accountants, and allowed them for the repair of the houses of
the Castle of Inverness in beams, oak planks, iron, wages of workmen, car-
penters, roof of lead, lime, seven locks, and other necessary repairs of said Castle
made by said constable, and paid to him by the accountants as these likewise ap-
pear in said little book remaining as above, and particularly examined in the
account, £6 13s 4d. . . . And allowed them for payment made to Master
David Pety, chaplain of tlie Chapel of St Mary of Inverness, to be paid annually
out of the rents of the lands of Culclachy, within said Lordship of Strathnairn,
in supplement of his salary at said term of Pentecost, in the year last men-
tioned, lis lOgd. . . . And to them for payment made to William Tawsoun,
burgess of Inverness, for certain skins which are called "Martrikkis" (Martins'),
bought by him for the use of the Lord King, by command of the said Lord King,
by letter under his signet, and William acknowledges by his letters receipt on
the account, £5 18s.
After all expenses are paid, the Lord Bishop of Moray and
the Thane of Cawdor obtaining 26s 4d for their expenses in
feuiog of lands at the Feast of Pentecost, there remains a
balance of £82 13s 2d, " which sum they paid for the fabric
of the Castle of Inverness to the Master thereof, he
acknowledging receipt on the account, and so equal (eque),
for which said Master of the Fabric shall be answerable."
The receipts of rents paid in kind —
Item — They charge themselves with 8 herields, &c., '' one
s
138 INVERNESSIANA.
mart whereof, with the hide, they reckon to have been
entered in the book of diet as extra, to the expenses of the
Lord the King at Inverness last."
Expenses — In the first place they allow to the accountants
as part of their expenses incurred in leasing of the lands of
Moray at Elgin and Inverness by the reverend father in
Christ the Bishop of Moray, Lord Glammis, the Thane of
Calder, and Master Thomas de Carmichael, for 5 dozen, 3
bolls of corn, and for payment made to Lord Ninian Spot,
keeper of the accounts, he acknowledging receipt on the
account, and entered in the books of diet, in addition to the
expenses of the Lord King, incurred last at Inverness, Spiny,
and Elgin, 3 chalders of corn, for which he shall answer.
Expenses in malt — In the first place there is allowed to
the accountants for expenses incurred at Elgin and Inverness
by foresaid setters for feuing of the lands of Moray for 5
dozen, 10 bolls of malt in the year 1457, and they are
allowed for the expenses of the Lord King incurred at
Inverness, Spiny, and Elgin, while he had been there last,
and these are entered in the books of diet to the extent of
10 chalders, 2 bolls, 2 firlots of malt, for which Lord Ninian
Spot, keeper of the accounts, shall answer.
Expenses in meal — There are allowed for the expenses of
the King at Inverness, Spiny, and Elgin, while he had been
there last, and there are entered in said books, 3 chalders,
12 bolls of meal, for which said keeper shall answer.
Expenses in oats — There are allowed for the expenses of
the Lord King's horses, incurred at Inverness and Elgin,
&c., 6 chalders, 11 bolls, 2 firlots of oats.
Payment is made to Alexander Flemyng, keeper of the
Castle of Inverness, for the work and repair of houses in
said Castle and for a fort round the walls thereof by com-
mand of the Lord King, &c., ^18 9s.
Payment is made for 6 chalders of oats received by
Thomas Wardrop from the husbandmen of Petty, and fodder
for the horses of the Lord King when he was last in Inver-
ness, &c., ^12, and for 20 bolls of oats bought from
Alexander Fraser and delivered to said Thomas Wardrop,
for the foresaid horses of the Lord King together with
fodder, £'S, and to Alexander Flemyng, for the keeping of
the Castle of Inverness, for 7 chalders of white salt bought
for the King and stored at Inverness, £12, and to the said
Alexander Flemyng for repairing the walls of the hall and
chamber of the Castle of Inverness with lime 40s.
Payment is made for 60 marts with their skins received
from Malcolm Mackintosh, when the King was last at
INVERNESSIANA. 139
Inverness, and for the keeping and expenses for the marts
received from Malcolm Mackintosh at divers times.
Payment is made for the rent of 2 cellars in Inverness on
two occasions for the preservation of salt and oats for the
King to Hugh Ostelare, 23s 4d.
The King was present at the last Justice aire held at
Inverness and Elgin, when 229 persons received remissions.
Malcolm Mackintosh pays for 40 remissions to himself, and
his followers, 60 marts at Elgin. He also pays, in part
payment ot said remissions, a horse.
The Bishop of Moray on the 7th of January 1459, issues
the following presentation in favour of Thomas de Moravia,
junior, to the Chaplaincy of St Catherine within the Parish
Church of Inverness : —
John, by divine mercy, Bishop of Moray, to his beloved son Lord Patrick
Flegear, vicar of the Parish Church of Fernaway ; Greeting, with divine benedic-
tion : Since the perpetual chaplaincy of St Catherine the virgin founded by
our authority in the Parish Church of Inverness, with certain lands and rents
as is contained in our register, is vacant by the death of the late Lord Thomas
Tayn, last chaplain and possessor thereof, which, of full right belongs to the
presentation of the Provost, Bailies, and community of said burgh, and to our
collation, we confer and bestow by these presents said chaplaincy upon the dis-
creet man, Lord Tliomas de Moravia, junior, duly presented from a sense of love to
us by the foresaid Provost, &c., of the aforesaid burgh by their lettei's patent
under their common seal, and induct and invest him i)resently therewith by
delivery to him of our ring, and by specially committing to him the cure and
administration thereof, in things spiritual and temporal : We therefore commit
to you and command you by virtue of your sacred obedience and by the tenor
hereof, that you invest and induct the foresaid Lord Thomas de Moravia, junior,
or his procurator in his name, in and to real, actual, and corporal possession
of said perpetual chaplaincy, and to all the rights and pertinents thereof, and
when canonically inducted and instituted, that you defend him therein by caus-
ing him, or his said procurator in his name, to be completely presented with
the fruits, rents, produce, rights, and whole revenues thereof, and by strictly re-
straining contradictors and rebels, if by chance there be any, by ecclesiastical
censure. And in sign of this your appointment, and of the possession given by
you, append your seal on the second tail after ours to these presents to remain
for ever with foresaid appointment. Given under our round seal at our Cathe-
dral Church of Moray, the 7th day of the month of January, in the year of the
Lord 1459, according to the course and comi^utation of the Scottish Church, and
of our consecration the twenty third.
Upon the 18 th February 1460, at Inverness, John Earl
of Eoss, Lord of the Isles, gave the following permission to
the Baron of Kilravock, to build a tower of defence. The
document has been printed in the Kilravock papers : —
Johne of Yle, Erie of Eoss ande Lord of the His, to all ande sundry to quhais
knawlage thir our present letteris sail come ; Greeting : Witte vs to have gevyn
ande grantit, and be thir present letteris gevis ande grantis, our full power a)ide
licence till our luffid cosing, man ande tennand, Huchone de Roos, baron of
Kylravok, to fund, big, ande upmak a toure of feus, with barmkin ande bataliug,
wpon quhat place of strynth him best likis, within the barouj of Kyh-awok,
without ony contradictionn or demavnd, questionn, or ony obiection to put in
contrar of him or his ayris, be vs or our ayris, for the said toure ande barmkyn
making, with the bataling, now or in tyme to cum : In witness hereof, ve haf
gert our sele to ther letteris be afhxt at Inuernys, the achtend day of Februar,
the yer of Godd a thousand four hundretd sixte yer.
Upon the 3d of August 1460, King James the Second
I
140 INVERNESSIANA.
was unfortunately killed at the siege of Roxburgh. During
his reign many important and beneficial laws were enacted,
of which some are yet in force.
LI.
JAMES III. 1460-1488. PART FIRST.
James, Bishop of Moray, upon the 25th of February 1461,
grants the following charter, erection, and presentation, for
a chaplaincy to St Michael, the Archangel, within the
Parochial Church of Inverness : —
James, by the grace ot God and of the Apostolic See, Bishop of Moray, to
all and sundry the sons of Holy Mother Church, to whose notice the present
letters shall come ; Greeting in him who is the true salvation of all : Know
that we, for the praise and glory of God omnipotent, the Blessed Mother Mary,
St Michael the Archangel, and all saints, have created, and by Pontifical autho-
rity, of new have erected a perpetual chaplaincy in the Parochial Clmrch
of Inverness, to the altar of St Michael the Archangel in the same, for one
chaplain to perform divine worship there for ever, for the souls of the most
serene Prince and Lord, our Lord James Second, by the divine clemency of God,
King of Scots, and Queen Mary, his spouse, and for the souls of William Buthe,
burgess of Inverness, and Marion Muren, his spouse, and of Alexander Vans,
burgess of said burgh, and of Janet Buthe, his spouse, and for the souls of
their predecessors and successors, and of all the faithful dead, to which chap-
lainship we have attached, and by the same authority have also united for ever,
all and sundry lands, tenements, acres, crofts, and annual rents, acquired
by the saids William, Marion, Alexander, and Janet, of their own con-
quest, and assigned to said chaplainship as well, lying within, as without said
burgh, according as is contained more fully, and specially exj)ressed, in other
letters made thereupon : Which chaplainship, with all its rights and perti-
nents, by the request and devout supplication of the saids William Buthe, and
Marion his spouse, and from a consideration of love to John Geuour, bearer
of these presents, of the constituted order of acolytes, with respect to whom
by our foresaid authority, by the tenor of these presents we dispense in the
premises according to our mercy, with the holy orders not undertaken at the
time by right, and having regard for his time only to the presentation of the
said William Buthe, and to our collation, we confer upon him, and by the
same also provide for him, and by delivery of our ring, we have inducted and in-
vested him partially with the same by committing to him specially the cure
and administration thereof : Which John, and all chaplains, his successors,
for ever in foresaid chaplainship, we will, and appoint, to be engaged in the
celebration of the office of the Blessed Virgin Mary, on all Sabbath days in
ecclesiastical garb with note, in said Church, and also at vespers on said days,
and in the celebration of the offices of the greater and second vespers on all
days, both Sundays and festivals, and on the six holidays, at the altar of the
Holy Cross in foresaid Church, with the other chaplains of said Church therein
engaged, and also bound : Wherefore, we commit to, and command you, Loi'd
Patrick Flegear, dean of our Christianity of Inveiness, from regarii to holy
obedience, and by the tenor of these presents, that you induct and invest the
foresaid John Genour, or his procurator in his name, in, and to real, actual
and corporeal possession of said chaplainship, and of all the rights and pertinents
thereof, and being canonically invested and inducted that you defend him
by curbing contradictors and rebels, if by chance there shall be any, sharply, by
ecclesiastical censure, and in sign of your investiture and giving of possession to
him, append your seal on the second tail after ours to these presents to remain
for ever with foresaid investiture. Given under our round seal at our Canonry
INVERNESSIANA. 141
of Elgin, the 25th day of the month of February, in the year of the Lord
1461. Present— these Lords, Thomas Boile and David Andrew, perpetual
vicars of the Churches of Duffus and Kynore ; Adam Fores and John Layng,
chaplains ; James Stewart and Andrew Mure, squires and our friends, with
many witnesses required to the premises.
Upon the 15th January 1462, Angus Macculloch with
consent of his spouse Euphemia, and his son Alexander
grants to William de Bught the charter after quoted : —
To all who shall see or hear of this charter, Angus Makculloch ; Greeting
eternal in the Lord : Know that I, with consent and assent of Eufamia, my spouse,
and also of Alexander, my heir, have given, granted, and by title of sale for ever
alienated, and also by my present charter confirmed to my beloved and special
friend "William de Botha, burgess of Inverness, 4s of annual rent due to me, to
be obtained and levied from one particate of building land which is now built upon,
and from one acre of arable land, said particate i^ertaining thereto, however, to
serve as a guide in the obtaining and levying of said 4s of annual rent, that
is to say, if it happen that the buildings erected and to be erected upon
said particate of land, whether by means of incursions of enemies, fire, or any
other unexpected chance whatever be destroyed, burnt, or demolished, then
certainly the said particate shall not, which God forbid, be bound for said 4s,
then thereafter and not before, said 4s of annual rent shall be asked, obtained,
and levied always from foresaid acre of arable land until the time that new build-
ings be restored, repaired, and efficiently constructed on said particate, which
lies in Church Street, in the west part of said burgh of Inverness, between the
land of Duncan the Pedlar, at the south on the one part, and the land of John
Donaldson at the north on the other, whose front extends to the King's common
highway, and the back to the River Ness towards the west, and the acre of
arable land lies in divers places by divided riggs, whereof three small riggs lie
on the south side of the Chapel of St Thomas, between the land of the Altar of
St JMichael of the Parish Church of said burgh which once belonged to John
Gaufride on both sides towards the south, and north, stretching to the rigg called
the chief rigg in the Gairbrade towards the east, and the back to the land which
is commonly called "le rycht Wendyng" towards the west. Item — other two
small riggs of said acre lie on the north side of said chapel eastward between
the land of the heirs of the late John Michaelson at the south on the one side,
and the land of the altar of St Catherine the Virgin towards the north, whose
fronts extend to said chief rigg in the Gairbrade towards the east, and the backs
to said chapel towards the west, for a certain sum of money, &c. Sealed with
the seal of John Thomson, provost, and of John Scheves, one of the bailies, who
gave sasine. At said burgh, 15th January 1462. Witnesses — Alexander Waus,
Alexander Duff, Donald Scissor, Bricius Scissor, Thomas Magness, burgesses,
and many others.
John Gaufride, burgess of Inverness, sells to his beloved
cousin and neighbour Robert Donaldson, his co-burgess, all
and sundry the within written annual rents — viz., 2s of
annual rent of the particate of the heirs of the late Michael
the weaver (Textor), lying on the west side of the river Ness,
between the land of Finlay Hughson at the south on the one
side, and the land of the vicar of said burgh at the north on
the other : Item — 2s of said land of said vicar, at the north
of which lies the land of Duncan Makingzood, of which
lands the fronts extend to the river Ness towards the east,
and the backs to the arable lands towards the west : Item —
3s of the tenement of Donald Richardson, lying in Church
Street of said burgh, between the land of the said Donald at
the south on the one side, and the land of Thomas Michael-
son at the north on the other, whose front extends to the
142 INVERNESSIA.NA.
King's common highway towards the east, and the back to
the said river of Ness towards the west, for a certain, &c.
" In testimony of which things, in the absence of my own
seal, I have procured and caused to be appended to my pre-
sent charter the seal of the honourable and discreet man
Hugh Clerk, one of the bailies of said burgh, before these
witnesses — viz., Donald Jonson Makinclerych, John Graunt,
Maurice Donaldson, burgesses of said ]3urgh, and many
others. At said burgh of Inverness, in the year of the
Lord 1462, and the 17th day of the month of July."
The following charter by the above John Gaufride to
William de Bught, though somewhat lengthy, is interesting,
in respect of the full description of the bounds of the several
subjects contained. The charter is dated at Inverness 15th
November 1462, and the surname of Barbour appears for
the first time connected with Inverness as one of the wit-
nesses : —
To all who shall see or hear of this charter, John Gaufride, burgess of In-
verness ; Greeting eternal in the Lord : Know that I, in my urgent necessity,
have given, granted, and by title of sale delivered, and for ever alienated, and
also by my present charter confirmed to my beloved neighbour, "William de
Botha, burgess of said burgh, all and sundry my within written arable lands —
viz., two particates of land lying between the material (the structure) of the
cemetery of the Chapel of St Mary the Virgin of the Green at the west on the
one part, and the land of John Thome, burgess of said burgh, at the east on the
pv " other : Item, one jjarticate of land lying between the said land of John Thome
^ at the west on the one side, and the land of the vicar of said burgh at the east
on the other, whose fronts (heads) extend themselves to the King's common high-
way, which commonly is called "ye Scathgate," towards the south, and the
backs (tails) to the ditch near the Eiver Ness towards the north on the other :
Item — the particate of land lying between said King's highway of the Scathgate
at the north on che one side, and the land of the prior and convent of the preach
ing friars of said burgh at the south on the other, whose front extends to the
land of the heirs of the late Ronald Clark towards the west, and the back to
the land which is commonly called "le Gairbrade" towards the east: Item —
one particate of land lying in said land of the Gairbrade, between the land of
the heirs of the late Beane William at the west on the one part, and the land of
the altar of the Holy Cross of the Parish Church of said burgh at the east on
the other, whose front extends to the Scathgate towards the north, and the
back to the Dammysdaile towards the south : Item — one acre of land, commonly
called " Evac's Akr" (or Evat's), lying between the land of the heirs of the late
John Alexander at the south on the one part, and the land of Adam Carrane at
the north on the other, whose front extends to the Gairbrade towards the east,
and the back to " le rycht vendyng" towards the west: Item — half-an-acre
commonly called " Eva's half akir," lying between the land of the heirs of the
said late John Alexander at the north on the one side, and the land of the heirs
of the late John Michaelson at the south on the other, which extends in length
as the acre preceding : Item — ^one particate of land commonly called " ye Slack"
lying between the land of Alexander Man at the south on the one side, and the
land of Patrick Ferguson at the north on the other, whose front extends to
the Gairbrade towards the east, and the back to the land of the heirs of the
late William Pilche towards the west : Item — one particate of land lying in
front of St Thomas' Chapel, lying between the land of St Catherine at the north
on the one side, and the land of John Thome at the south on the othei-, whose
front extends to tlxe old ditch called " ye foule poule" towards thewggt,
and the back to " le rycht vendyng" on the east side of said' Clfa pel of St
Thomas towards the east. Item— one particate of land lying between the
land of the heirs of the lato John Michaelson, at the north on the one side, and
the land of the heirs of the late James Johnson, at the south on the other,
INVERNESSIANA. 143
whose front extends to the particate immediately aforesaid towards the west,
and the back to the Gaiiinade towards the east. Item — three particates of
laud lying between the land of St Catherine at the south on the one side, and
the laud of the heirs of the late Walter Andrew at the north on the other, whose
fronts extend to the said old ditch towards the west, and the backs to " le Ven-
dyug" above said towards the east, for a certain sum of money delivered and
paid to me, given by hand in numbered pence. To be held and had, all and
sundry, the above written lands by the saitl William, his heirs and assignees, of
me, my heirs and assignees, in feu and heritage, with all commodities, liberties,
and easements, and their just pertinents whatsoever, as well named as not named,
belonging to said lands with the pertinents, or which in future can in any way
justly belong, freely, quietly, fully, honourably, well and in peace, without revo-
cation, contradiction, vexation, or reclamation forever. And I, John Gaufride
foresaid, my heirs and assignees sliall warrant, acquit, and for ever defend fore-
said lands, with the pertinents, to the foresaid William, his heirs and assignees,
against all mortal men and women, by means of all our goods, moveable and
unmoveable, wherever they shall be found, and that these may be publicly
poinded, seized and pledged : And if it happen, which God forbid, that I, my
heirs or any others in our name, contravene or resile from the tenor of this my
sale, or this charter of confirmation, at any time, we oblige us conjointly and
severally, in name of penalty, in ten pounds of the usual money of Scotland, to be
paid toward the repair of the altar of St Michael the Archangel, in the Parish
Church of said burgh, to be enforced without judicial strife by the official ot
Moray, who, for the time may be, by means of ecclesiastical censure, and to be
levied without impediment, the present charter nevertheless to endure irre-
vocably in the stability of its own strength : In testimony of which thing, in the
absence of my own seal, I have procured the seal of the honourable man John
Thome, Provost of Inverness, by means of my instant procuration, and before
the underwritten witnesses to be appended to my present charter : And for
the greater security of this matter [ have procured to be appended to this
charter the seal of John Scheves, one of the bailies of said burgh, who srave
sasine to the foresaid William, of said lands with the pertinents : At said burgh,
the 15th day of the month of November, in the year of the Lord 1462. Wit-
nesses there, Hugh Clerk, Hugh Cuthbert, Michael Johnson, Alexander Duff,
John Hude, John Barbour, burgesses of said burgh ; Finlay Johnson, Thomas
Gray, and many others.
King James the Third visited the burgh of Inverness in
August 1464, for on the 16th of that month he, on the sup-
plication of the Provost, bailies, burgesses, and community
of said burgh, approves, ratifies, and confirms to the burgh
certain charters, letters, and evidents, made and granted by
his illustrious progenitors William, -Alexander, David, and
James the First, his grandfather, Kings of Scots. These
documents have already been given. The witnesses to this
charter of confirmation are the reverend fathers in Christ
James Bishop of St Andrews, David Bishop of Moray, the
King's uncle, Henry Bishop of Boss, William Bishop of
Caithness, Andrew Lord Avondale, Chancellor, John Earl
of Ross and Lord of the Isles, David Earl of Craufurd, Colin
Earl of Argyle, Gilbert Lord Kennedy, John Lord De Rule,
John de Culquone of that Ilk, Knight, Comptroller of Ac-
counts, Mr Archibald de Quhitlaw, Archdeacon of Moray,
secretary, and Mr David Guthery of Kincaldron, treasurer.
144
INVERNESSIANA.
LIT.
JAMES III. 1460-1488. PART SECOND.
Most of the deeds extant refer to lands and acres within
what is known as the territory of the burgh of Inverness,
and to those who care about tracing localities illustrated by
the charters now being published, it will be useful to give
here a document containing a pretty full enumeration of the
contents of the parish of Inverness and Bona, framed in the
year 1634, It is in the main correct, and its omissions and
errors are brought out by the objections stated for the land-
ward heritors, who appear with justice to have complained of
the stenters dealing so leniently with the town's territory.
The paper is in the handwriting of Lachlan Mackintosh of
Kinrara, second son of Sir Lachlan Mackintosh of that Ilk,
and is entitled " Coppie of the Stent Roll of the par : of
Inverness, with the reasons of reduction thereof."
Lachlan Mackintosh was a man of varied accomplishments,
a scholar, lawyer, genealogist, and withal a good soldier.
He it was who wrote, in elegant Latin, the history of the
family, which appears by the title page to have been
finished in 1677 : —
At Inverness the last day of March 1634 years, for obedience to the charge
given to the haill parishioners of Inverness, and to the heritors, liferenters,
owners, and possessors of the lands within the said parish of Inverness and
parish of Bona, now united and annexed thereto, conform to the letters of
horning raised at the instance of the minister, elders, and deacons of the
Session of Inverness, dated at Edinburgh the 13th day of February last, bypast,
charging them to convene and choose stenters, who, by advice of masons, wrights,
slaters, glass-wrights, and other craftsmen requisite, shall modify and set down
what sum shall sufficiently repair the said kirk of Inverness in the side walls,
gables, thatch-roof, doors, windows, slates, pillars, steeple, and aisles thereof:
Compeared, of the said parishioners, Mr Wm. Clogie, minister, James Cuthbert
of Drakies ; Alex. Baillie of Dunean ; James Fraser of Culduthel ; Duncan
Forbes, Provost ; David Baillie, one of the bailies ; AVm. Macpherson, elder ;
Wm. Baillie, elder ; Alex. Baillie, merchant ; and Thomas Schivez, burgess of
Inverness ; who, after the remnant parishioners, heritors, liferenters, owners,
and possessors of the lands within the parish of Inverness (whereanto the parish
of Bona is united), were called upon, and not compearing (lawful time of day
bidden), elected, nominated, and chose the persons following, viz. : — tlie said
James Cuthbert of Drakies, James Fraser of Culduthel, Wm. Baillie, ehler, and
Thomas Schivez, to be stenters, for setting down a stent roll ; and after con-
sideration had by them with masons, wrights, and other craftsmen, of the sum of
money that will sufficiently rei>air the kirk of Inverness in the side walls,
gables, and doors, windows, thatch, slate, pillars, steeple, and aisles thereof,
what every one ot the said parishioners and burgesses of the said burgh should
be*stented to, for payment of the said sum : Which haill stenters above-named
being present, accepted in and upon them, the said office, and made faith as use
is ; and finding after mature deliberation and consultation had with masons,
wrights, and other craftsmen, to the reparation of the said kirk in the side walls,
gables, thatch, and others above written, will extend to no less than 3000 merks
money usual of this realm : Therefore, after deliberation, all parties being
removed, the said stenters all in one voice have ordained each plough of land
INVERNESSIANA. 145
within the said parish of Inverness, whereunto the parish of Bona is united and
annexed, to be stented and taxed to twenty-five merks the plough, extending in
the hrtill to ploughs, and in money to 2000 meiks, and the burgh of
Inverness to the sum of one thousand merks, and the same to be paid by the
heritors, owners, life renters of the lands of the said parish of Inverness, each
one of them for his own part, as after is particularly divided, extending to
the sum of 2000 merks, and by the Provost and Bailies of Inverness for the bur-
gesses and inhabitants of the said burgh the sum of one thousand merks,
and that because the said Provost and Bailies have promised to stent their
neighbours to the effect foresaid, conform to use and wont, and being stented,
every person of the parish of Inverness and Bona, life-renters, owners and
possessors of the saids lands, to be charged conform to the stent roil for pay-
ment of their parts, conform to the division foresaid : The said stenters have
set down the stent roll in manner following, viz. : — William Mackintosh of
Dunachton for each plough of the twelve ploughs of Culloden, 25 merks, ex-
tendino' to 300 merks money ; by John Grant of Glenmorison for each plough of
the eight ploughs of Culcabock and Knookintennel and Hilton, to 25 merks,
extending to 200 merks money; James Fraser of Culduthel for his lands of
Culduthel and Castle Leathers, for each plough of four ploughs, 25 merks,
inde one hundred merks money ; Angus Macbean for his lands of Knock-
nageal extending to , for each plough thereof, 25 merks, inde ;
AVilliam Baillie, apparent of Dunean, for each plough of two ploughs of Torbreck,
25 merks money, inde 50 merks ; John Baillie, possessor of Balrobert, for the
plough thereof, 25 merks ; Effie nien Bean for ilk plough of two ploughs of
Essich, 25 merks, inde 50 merks ; William Mackintosh of Holme for ilk plough
of two ploughs thereof, 25 merks, inde 50 merks ; James Robertson, burgess of
Inverness, for his lands of Haugh estimated to a plough, inde 25 merks ; Hugh
Lord Lovat for the barony of Kinmylies, Bridgend and Aberiachan, being 12
ploughs, each plough 25 merks, inde 300 merks money ; Alexander Baillie of
Dunean for seven ploughs of Dunean, Davochnacraig, and Davochcairne, each
plough 25 merks, inde 175 merks money ; Alexander Maclean for each plough
of his two ploughs of Davochgarioch, 25 merks, inde 50 merks ; John Maclean
for his plough of Davochnalurgin, 25 merks'; Alexander and William Baillie,
his son for each plough of their two ploughs of Davochfure, 25 merks, inde
50 merks. The whole immunity, common tacks, and acres of the town of
Inverness, estimated to 24 ploughs each, each pro rata for its own parts, at 25
merks each plough, inde 500 merks money, to be paid by the Provost, Bailies,
and inhabitants of Inverness, one thousand merks money.
The said parishioners and stenters convening have nominated to
be collector of the sums of money above written in general, and of each person
2:iro rata, and to the effect that the heritors of the acres in particular be
specially nominated, therefore special mention is made, as after follows, of the
acres and to whom they appertain, to the effect that the collector may have
just inventory and way to uplift and receive every person's part of the said
stent, and each acre estimated and ordained to pay in stent 13s 4d for each acre,
viz. : —
The number of the acres both old and new with the heritor of the same.
Imprimus — The number of three score acres appertaining to John Cuthbert,
of Old Castle-hill, stented each acre of old acres to ISs 4d — 60 acres.
Item — Mr John Rose — 27 acres stented conform.
John Cuthbert of Little Drakies, has 28 acres.
William Paterson, younger, has 39 acres.
Alexander Abraham has a croft of old estimated to 5 acres.
Robert Sinclair has 6 acres.
James Robertson has of old acres 31 acres.
And the said James has of the Carse lands the number of 24 acres.
George Dunbar has 21 acres.
James Cuthbert, elder, has the number of 14 old acres.
The said James has in the Carse the number of 9 acres.
James Cuthbert, younger, has 15 acres ; whereof William Cuthbert Alex-
anderson has in wadset 10 acres.
And the said James has in his possession five acres.
William Paterson, merchant, of the lands of the Carse, has 9J acres.
John Robertson, Lawrenceson, has of the Carse lands 7i acres, and behind the
town 2 acres ; whereof Mr William takes teind.
Thomas Robertson has of Carse land Ih, acres.
Thomas Waus has of old acres of the Carse 5 acres.
Robert Waus has of the Carse 4 acres.
T
146 INVERNESSIANA.
Robert Neilson has of old acres the number of 8 acres.
John Poison has 4 acres of the Carse.
William Robertson and his son Gilbert of old acres 3^ acres.
James Llerchant has of old acres 5^ acres.
Sic suhscrihiter : —
James Cuthbert, one of the stenters.
Thomas Schives, one of the stenters.
James Eraser, one of the stenters.
William Baillie, one of the stenters.
Sum of the acres above written is 335g acres.
Reasons proving that the forewritten stent (being most unequally propoHioned,
and in law reducible J, cannot be a rule for future stents vnthin the Parish of
Inverness.
The reasons of reduction : —
First, the pretended stent roll is reducible because the heritors and others of
the landward of the Parish of Inverness (outwith the territory of the town)
supposed and ordained to pay the just half of the foresaid stent were never
summoned, nor present at the stenting, for of 15 heritors and others of that
part of the landward who were stented, there were none present but two, viz, :
— Alexander Baillie and James Fraser, and all the rest were burgesses of
Inverness ; and further, they who were nominated to be stenters, were all of
the town and territory of Inverness, excej^t the forenamed James Fraser, who
disclaims that ever he was one of the stenters of that stent. This reason is
verified by the pretended stent roll itself.
Secondly, the pretended stent roll is reducible because the pretended stenters
were never warranted nor authorised by the kirk-session of Inverness to stent
the parish, else there had been an Act of the kirk-session for that effect, but
there is no such Act to be produced, and therefore.
Thirdly, the pretended stent roll is reducible because by it the stent is
equally proportioned on every plough of the parish, and it cannot be denied but
several ploughs in that parish are twice better than others, and in all equity
every plough should be stented according to the just value thereof, as well as
every burgh is taxed according to its value.
Fourthly, the stent roll is reducible because several lands and rents of the
parish are totally left out and not stented at all, viz., first there are 4 ploughs
of the common tacks and acres of the town lands omitted, for the immunity, com-
mon tacks and acres of the town are estimated by the stent roll itself to 24
ploughs, and every plough is stented in 25 merks, and so should bear 600 merks,
and yet are not stented but in 500 merks, and so 100 merks of the stent, being
the proportion of 4 ploughs, are omitted, and but 20 ploughs only stented ;
secondly, of the foresaid 20 ploughs of the town lands that bear stent, the acres
alone by the pretented stenters' own confession ia the stent roll make 14 ploughs,
for each acre is stented in a merk, and the pretended stent roll bears the
number of 335J acres, estimated to 14 ploughs, allowing 25 merks to each plough,
and it cannot be denied but the common tacks of Inverness, by and over the
acres are 18 ploughs, which, with the number of 14 aforesaid, makes 32 ploughs,
so that 20 ploughs only being stented there are 12 ploughs of the town lands
omitted and not stented at all ; thirdly, the plough of little Hilton is totally
omitted ; fourthly, the two ploughs of Castlehill are altogether omitted ; fifthly,
the whole burgh roods, mill rents, mill crofts, and rent of the water of Ness,
which are estimated to be worth 24 chalders of victual or 24 j)loughs of old
extent, are omitted, so that in effect there are 39 or 40 ploughs of the town's
lands omitted and not stented at all j and this fourth reason also is clear by the
stent roll.
Fifthly, the stent roll is reducible because some lands of the landward are
stented above their just proportion, suppose the proportions by ploughs were
right, as it is not — for first, the lands of Culloden are stented in 12 ploughs,
there being but xi. within the parish of Inverness, for the twelfth j)lough
thereof, viz., Culchunnick, lies within the parish of Daviot ; second, the lands
of Culcabock, Meikle Hilton, and Knockintinnel are stented for 8 ploughs, being
in effect but 6 of old extent.
Sixthly, the stent is reducible because the stenters were so gross as to even
the burgh of Inverness, but with the third part of any stent imposed on that
parish.
Note. — The 2d, 4th, 5th, and 6th reasons above written might reduce a stent
of 200,000 pounds.
IN VERNESSIANA. 147
It is to be remembered that the most part of this pretended stent, being so
inequally proportioned, was never paid as yet, nor the kirk and steeple restored,
3 was projected at the time of imposius that stent.
The first reason of the reduction is that of the 15 heritors of the landward,
there were but 2 present, and all the rest of the stenters were burgesses of the
)wn.
2. Of the 4 stenters there was but one only of the landward who disclaimed
Ihis being on it.
3. The proportioning the ploughs is unequal, some ploughs being twice better
[than others.
4. Some lands, to the quantity of 40 or 50 chalders, of the town lands and
[other rents, are omitted altogether, and others, viz., those of the landward
Iwronged and estimated above their avail.
5. The town and landward of the parish have not been equally valued in said
stent.
6. This pretended stent-roll differs from that which is the ground of the charge
whereby Drakies was charged.
7. There is no Act of the Kirk-Session authorising the stenters.
8. Two of the stenters disclaim under their hand their being on that stent.
9. Drakies, in the writ of his suspension, confesses that stent was imiiosed in
time of the wadset, and should not be charged on Mackintosh.
10. There is no lawful probation in the decreet.
11. The decreet is null as to the annual rent.
12. It is null because it makes Mr James Baird compear for Mackintosh, he
not being in the suspension as a party.
13. It is null because the first sheet is added after the subscribing and the
margin not subscribed.
14. It makes no mention of the writer, and therefore Jas. 6, 13p. , cap. 175 (is
incompetent).
LIII.
JAMES III. 14604488. PART THIRD.
William Graym, son of Andrew Graym, late burgess of
Inverness, sells to the discreet man Lord John Genour,
Chaplain of the Altar of St Michael the Archangel lying
within the parish Church of said burgh for the perpetual
use and advantage of said Chaplaincy, 2s of annual rent of
one particate of land lying in said burgh, in the street which
is called the Estgate, at the south between the land of John
Duff, carpenter, at the east on the one side, and the land of
Robert Henry son at the west on the other, extending in
front and backwards as the other particates of said street
extend, to be had and held, &c. '' In testimony of which
thing, since I have no seal of my own at present I have with
instance procured the seal of the discreet man Hugh Clark,
one of the bailies, who gave sasine of said annual rent as
the manner is to said Chaplain, and caused it to be ap-
pended to this my charter At said burgh 8th July 1467."
The witnesses are Alexander Waus, Gilbert Yaus, Maurice
Donald, John Smith, Walter and Adam Johnsons, bur-
gesses of said burgh with divers others.
148 INVERNESSIANA.
The following deed is entitled " Carta of the annual rent
of the land of George Ferchard." The name of Hugh Blont
is mentioned, and it is probable he was a descendant of that
Geoffrey Blund referred to in the third charter of William
the Lion : —
To all the faithful in Christ, who shall see or hear of these letters Christiana
MTery, daughter and heir of Duncan M'Fery, late burgess of the burgh of Inver-
ness ; Greeting eternal in the Lord : Know all, that I, in my extreme necessity
and proved legality, have sold, granted, and by this, my present charter, con-
firmed to the discreet man Lord John Genour, Chaplain of the Altar of St
Michael, the Archangel, lying within the Parish Church of said burgh, for the
perpetual use and advantage of said chaplaincy, two shillings of annual rent of
one particate of land lying in said burgh, in Bridge Street thereof, on the south
side of said street, between the land of Hugh Blont, at the east on the one part,
and the land of Alexander Johnson, at the west on the other, whose front ex-
tends to the King's common highway at the north, and the back to the Castle
HUl, as the other particates of said street extend : To be held and had, said 2s
of annual rent by the said chaplain, and the chaplains, his successors, in foresaid
chaplaincy, for ever of me, my heirs, and assignees, with all right which I have,
or can in future possess, in said land or annual rent, and as freely, quietly,
fully, honourably, well, and in peace, as any burgess in the town of Inverness
has, holds, or possesses, his annual rents of the lands held, freely, quietly, fully,
and honourably, in feu of him : In testimony of which thing, as I had no seal
present of my own, I have procured with instance, and caused to be appended, to
this, my charter, the seal of the discreet man Hugh Clerk, one of the bailies,
who conferred hereditary sasine of said annual rent, as the manner is. At said
burgh of Inverness, the 8th day of the month of July, in the year 1467, these
being witnesses — Alexander Waus, Hugh Blont, Andrew Cuthbert, Henry
Finlay, and Alexander Johnson, and divers other burgesses of said burgh by
me called and specially requested.
At Inverness, upon the 5th of August 1470, George Earl
of Huntly issues a precept for infefting James Ogilvie of
Deskfurd, in lands in the Forest of Boyne.
Upon 4th December of same year Kenneth Johnson sells
to his beloved Lord Thomas Moravia, Chaplain of St
Catherine the Virgin, a particate of land built upon in
Church Street of said burgh, on the east side thereof, which
lies between the common vennel at the north on the one
side, and the land which is called '^ le Tayt Hyll," at the
south on the other, whose front and back extend to the
King's common highway both at the east and west, &c. :
Giving therefor yearly to our Lord the King, 5d, &c. ^' In
testimony of which thing as I have no proper seal of my
own present I have with great instance procured and caused
to be appended to this present charter the seal of the honour-
able man Henry Finlay. At said burgh 4th December 1470.
Witnesses — Hugh Angusson, Alexander Donaldson, and
Walter Johnson, with many others called and specially
required."
At Inverness, on 4th March 1472, David Kede, burgess
of Inverness, grants, and freely gives, and by his present
charter confirms, one particate of land, of his own conquest,
to his beloved daughter, Evote Rede, which particate of
INVERNESSIANA. 149
land lies in said burgh, in the street which is called
Demyinsdaile, on the eastern side thereof, between the land
of Alexander Flemyng-, at the south on the one side, and the
land of i^Iexander Thailzor, at the north on the other, whose
front extends to the King's common highway at the west,
and the back to the old ditch at the east, &c. : Giving
therefor, annually to the chaplain of St John the Baptist,
in the Parish Church of Inverness, who may for the time
be, 12d Scots and 5d, to our lord the king, at two terms in
the year, &c. " In testimony of which matter, since I have
at present no seal of my own, I have with instance procured
and caused to be appended to this charter the seal of the
prudent man John Patrickson, one of the bailies of said
burgh, along with the seal of Henry Fynlay, another of the
bailies of said burgh, who for me gave state and sasine of
said particate of land to the said Evote, my daughter. At
said burgh, 4th March 1472 ; present there — John Rede,
William Mycall, Hugh Clerk, Thomas Betty, and Robert
More, with divers others."
The king's miln at the Haugh having been found destruc-
tive of young fish, and the preservation of fish and of game
at this period anxiously cared for. King James ordains the
removal of the miln, and grants to the burgh the multures
of the lands thirled to the miln, by the following deed, which
is modernised from the original in the Scottish language,
dated 16th May 1474 :—
James, by the grace ot God, King of Scots, to all and sundry our lieges and
subjects whom it effeirs, to whose knowledge these our letters shall come ;
Greeting : For as much as we are truly informed by our commissioners that
passed into the north parts of our realm for the setting of our lands and revenues,
that our miln, built upon the water of Ness, on the west side of our Castle of
Inverness, has done, and daily does, great scaith and damage to our true lieges
inhabiting the said burgh, through the destruction of young fry of fish, to the
great hurt of them and scaith to us, in the custom of our said burgh: We,
therefore, considering the scaiths before written, fou.nded of verity, with advice of
our said commissioners, have given, and granted, and by these, our letters, give
and grant to the Alderman, Bailies, Council, and community of our burgh
of Inverness, our said miln to be destroyed and cast down for evermore, for the
eschewing of the scaiths beforesaid, the said Alderman, Bailies, Council and
community, paying yearly to us for the said miln the sum of six merks of annual
of the usual money of our realm at the terms of Whitsunday and Martinmas,
by even portions for evermore, only, for all other manner of duties that, we
may ask or require for the said miln ; and besides we have granted, and by
these our letters grant to the said community and burgh, the thirled multure of
the lands pertaining to us, which were thirled to our said miln of before, to
come to the milns of Inverness, aye and until it be thought expedient to us or
our successors to build a miln in another competent i)lace that might
do no scaith to our said lieges in their fishings for the said annual : Wherefore,
we charge straitly, and command all and sundry our lieges and subjects foresaid,
that none of you take upon hand to vex, inquiet, or disturb the saids Alderman,
Bailies, and Council, with the community of our said burgh, in the destruction
and downcasting of the said miln and brooking of the said thirled multure dur-
ing the time foresaid, under all the highest pain and chai-ge, you and each one
of you, commit and incur against our majesty in that part : Given under our
privy seal at Edinburgh, the 16th day of ^lay, the year of our Lord lUi years,
and of our reign the 14th year.
150 INVERNESSIANA.
The exactions of the clergy on the occasion of births,
marriages, and deaths were so offensive, and the dis-
solute lives of many of their number made the ecclesiastical
system so odious, that in course of time it fell almost with-
out a struggle.
It is well that those of the present day should know what
their predecessors and the then inhabitants of Inverness
suffered ecclesiastically, while the charity, kindliness, and
peaceful example set, must not be overlooked.
These observations occur with relation to the composition
into a money payment, made by David, Bishop of Moray,
and Master Alexander Sutherland, perpetual Vicar of Inver-
ness on the. one part, and the Alderman, Bailies, and com-
munity of the burgh of Inverness on the other part, dated
20th July 1474.
It may be mentioned that the " corpse present" was a tax
exacted by the vicar on the death of a parishioner, usually
the deceased's best cow. The " upmast claith" also claim-
able by the vicar was the deceased's uppermost bed covering.
These scandalous exactions were sharply denounced by Sir
David Lindsay in his satire of the three estates : —
The vicar tuik the best cow be the held
Incontinent when my father was deid.
* * * *
Their upmaist claes, that was of raploch grey,
The vicar gart his clerk bear them away.
Follows the memorandum of agreement : —
Memorandum that it is appointed, concorded, and decreed by us, David, by
the grace of God, Bishop of Moray, and oiir chapter, chapterly gathered there-
for in the consistorial place of our said kirk, the 20th day of the month of
July, the year of God 1474, in these causes and matters after-following, proponed
and furthshown before us, the foresaids David, Bishop, and canons of our chapter,
by those parties after written — that is to say. Master Alexander Sutherland,
vicar perpetual of the said burgh of Inverness, and the alderman, bailies, and
community of the said burgh, in the first, anent the debate betwixt the said
parties of the taking of the corpse-present and the uppermost cloth to be
taken within the same burgh, and the freedom of the same, off free burgesses, or
off their servants, it is provided, and finally decreed for ever to eudure, that the
said vicar nor his successors shall never have nor raise corpse-present nor upper-
most cloth off no free burgess nor his servants within the said burgh of Inver-
ness, or the freedom of the same : And also, the said vicar shall have off the
seculars (the laity), of every child in the freedom of the same, but fourpence,
and twopence to be given to the clerk : And also, that none shall pay a pound of
wax to the vicar, but that they pay (of their own will), and are of power to
pay by law a corpse-present and uppermost cloth to the said vicar : And as anent
the teind salmon, they shall be sorted even as they are taken, the great toge-
ther, the middlemost together, and the smallest together, and tlie said vicar
shall take to the teind the second best of every sort : And also, if any burgess
shall happen to dwell without the town immunity, and within the freedom of
the same, that is, in the c/resschip thereof, they shall be as free of corpse-present
and upperQiost cloth and all other demand of the foresaid vicar as they that
remain within the said town and burgh : In witness of the which thing we, the
foresaid David, Bishop, have made our round seal, with the common seal of
our chapter, procured with instance of the said]iai'ties, to be also appended before
these witnesses — Masters John of Grahame, John Wir Chester, Alexander Stew-
art, chancellor, subdean, and subchanter of the foresaid Eark of Moray ; Sir.
mVERNESSIANA. 151
Thomas Sinclair, William of Galbrath, prebendaries of Aberlour and Spiny ;
Iklaster Thomas, the Grant, official of Moray, and Sir David Anderson, Vicar of
Dyke, with others, many and divers, year, day, and place foresaid.
LIV.
JAMES III, 1460-1488, PART FOURTH,
It would have been seen in Chapter L. that the Baron of
Kih'avock could not build a place of defence without a license
from the Earl of Ross. Alexander Earl of Ross and Lord
of the Isles having risen in rebellion, whereby he incurred
forfeiture, and the doom of sentence being imminent, it was
a prudent step on the part of the Thane of Cawdor to tender
his submission, as Sheriff of Nairn, and offer his service to
the Crown.
This was done at Inverness upon the 13th of January
1475, in presence of George Earl of Huntly, Lieutenant of
the north ; whereupon John Kinloch, Priest of Brechin, at
the instance ot the Thane, issues the following notarial
instrument : —
In the name of God, Amen : By this public instrument be it evidently patent
to all, that in the year from the incarnation of the Lord 1475, on the 13th
day of the month of January, the 9th indiction, and the 5th year of the ponti-
ficate of the most Holy Father in Christ, and our Lord Sextus, by Divine
Providence Pope the 4th, in presence of me notary public and of the witnesses
under written, before the great and potent Lord George Earl of Huntly, Lord of
Gordon and Badenoch, and lieutenant, there personally compeared the nobleman
"William de Caldor, thane thereof, submitting himself to our supreme lord the
King, and to the said Lord-Lieutenant in his name before the term limited
and assigned to him and others, after public proclamation made at the market
cross of the burgh of Inverness, according to the form and tenor of the instruction
of our supreme lord the King, and offered, that he was ready and prepared,
always strictly to obey and serve in all commands and services of the King for
all his lands and office of Sheriffdom of Nairn, with the pertinents, belonging
to him by hereditary right, held formerly of John late Earl of Ross ; and to
do for our supreme lord the King those things which he is by law bound, offering
himself and his homage to the said Lord-Lieutenant in name of our supreme
lord the King, and sought of new to be infeft in his said lands and foresaid
office with the pertinents by name as above, and sought that the remission of
his past crimes might be granted him. The said Lord Lieu.tenant with joy
received the foresaid "William in the King's name. "Upon which all and sundry
the foresaid Thane William sought of me notary public within written, public
instrument or instruments to be made for him; These things were done at the
burgh of Inverness about 10 o'clock forenoon or thereabouts, the year, month,
day, indiction, and pontificate as above : Present — the noblemen Alexander Gor-
doune of Megmar, Thomas Cummyn of Alter, Hugh Rose of Kylrawak, Alex-
ander Morvate of Balquholy, Duncan Forbes of Foulis, Alexander Strathauchin
of Leddyntusch, and David Ogiluy of Tolwad, with many others, all witnesses to
the premises called and also required.
A citation is issued under the great seal at Edinburgh, on
the 30th September 1475, against John Earl of Ross, and
Lord of the Isles, to be served at the Castle of Dingwall and
152 INVERNESSIANA.
at the cross and market place of Inverness, to answer for
his treasons and correspondence with Edward King of
England.
The execution of date 16th October 1475 bears that the
messenger passed to the Castle of Dingwall and asked entry
to the presence of John Earl of Ross, and Lord of the Isles,
the which he could not get. Then he warned, summoned,
and charged the said John to compear before the next
Parliament at Edinburgh on 1st December, to answer for
his treasons and communings with the King of England,
and with Sir James of Douglas, some time Earl of Douglas,
&c. And also the same day at the market cross of Inver-
ness, he summoned by open proclamation the said John,
&c., before these witnesses, John Lessar, Henry Fynlaw,
bailies of the said burgh, John of Dunbar, Archibald Brothy,
with divers others.
The messenger takes instruments on his citations and
executions of charge, the one at Dingwall and the other at
Inverness. The witnesses to the latter at Inverness are the
prudent men John Lessar, Henry Fynlaw, bailies ; John
Dunbar, Archibald Brothy, Hugh Clerk, Engine Achlek,
Donald Anderson, Adam Brothy, and M^Gillemartyn, with
many others.
As John failed to appear, the doom of forfeiture is pro-
nounced against him in Parliament on 1st December 1475.
In the deed after noticed, reference is made to William
Cuthbert, bailie of Inverness, and Lord of the Old Castle.
In the genealogy of Mons. Colbert, the minister of Louis XIY. ,
there is no mention made of a William Cuthbert, thus
establishing the fact that there were two families — the
Cuthberts of Castlehill, and of Auld Castle.
Donald Johnson, burgess of Inverness, with consent and
assent of his wife Janet, daughter of Donald Coysone, sells
to Marjory Michael three acres of his land lying in the terri-
tory of the Old Castle, viz., two acres between the land of
the Holy Cross of the Parish Church of Inverness, on both
sides, both on the south and north, whose front extends to
the King's common highway which leads to Easter Drakies
towards the west, and the back to the Brumebank towards the
east, and the third acre lying in the territory of said Old Castle,
which is called the Goat Acre, between the land of the Old
Castle at the north on the one side, and the land of St Mary
the Virgin of the great altar of the Parish Church of said burgh
at the south on the other, whose front extends to the King's
common highway which leads to Easter Drakies towards the
west, and the back to the Brumebank towards the east, &c.
ii u mm
^yy
'-^
%
t
Vn;'
H
•I
i
1^
CO
I
INVERNESSIANA. 1 53
I** In witness of which thing, I, the foresaid Donald, have
caused my seal to be appended to this present charter, and
for the greater security of the matter, I have with instance
procured and caused to be appended to the present charter,
the seal of the prudent man John Patrickson, together with
the seal of the discreet man William Cuthbert, bailie and
Lord of said Old Castle, who, by me gave sasine and here-
ditary possession of said three acres of land with the perti-
nents, to the said Marjory, by delivery of earth and stone ;
At the burgh of Inverness, the last day of the month of
February, in the year of the Lord 1477, before these wit-
nesses, viz.. Lords Thomas de Moravia, Nicholaus Dingvaile,
chaplains : Gilbert Waus, Hugh Clerk, and John Achlek,
with many others, called and specially required."
Under the date of 1477 Sir Robert Gordon writes —
^^ From the ruins of the family of Clandonald, and some of
the neighbouring Highlanders, and also by their own virtue,
the surname of Clankenzie, from small beginnings, began
to flourish in their bounds ; and by the friendship and favour
of the house of Sutherland, chiefly of Earl John, 5th of that
name, Earl of Sutherland, (whose chamberlains they were
in receiving the rents of the earldom of Ross to his use)
their estate afterwards came to great height, yea, above
divers of their more ancient neighbours. The chief and
head of the family at this day is Colin Mackenzie, Lord of
Kintail, now created Earl of Seaforth."
The following deed, endorsed " Ane rood of land in
Doomesdale given purely by Gibie Reed and her heirs to St
Catherine's chaplains and their successors," dated at Inver-
ness on the 4th June 1478, has the seal of the grantor
entire, and is in good preservation : —
To all and sundry, to whose knowledge these present letters shall come ;
Greeting : Wit me, Henry Finlayson, one of the bailies of the burgh of Inver-
ness, to have given heritable state and possession to a worshipful man. Sir
Thomas of Moray, chaplain to St Catherine, of a rood of land lying in Doomsdale,
on the east side of that same, betwixt the land of Alexander Fleming to the
south, and the land of Sandy Tailzour to the north, the front extending to
the king's gate to the west, and the tail to the old dyke to the east : The
which rood of land, Gibby Reid, daughter of the late David Reid, resigned over
purely and simply in my hands in favour of the foresaid Sir Thomas of Moray, in
the name and on behalf of the holy virgin St Catherine, excej)t that the inf ef tment
be reserved to her mother, Maude "Waus, for all the days of her life, and, after
her decease, incoming perpetually to St Catherine, without any claim, challenge,
or impediment, and this to all and sundry to whom it effeirs I make it known :
In witness of the which I have put my seal to this letter of sasine, at the foresaid
burgh of Inverness, the 8th day of the month of January, the year of God 1478
years, before these witnesses — Huchone Clerk, John Kanyt, Symonde, John
Smyth, and Robert Scherer, messenger, with others sundry.
Gilbert Waus, burgess of Inverness, grants at Inverness,
on the 24th March 1480, an annual rent of 2s to the chap-
lains of St Catherine's in the following terms ; —
-k.
1 54 mVERNESSIANA.
Be it made known to all men by these present letters, I, Gilbert Wans, bnrgess
of Inverness, grant me to liave sold and perpetually to have alienated to a
worshipful man, Sir Thomas of Moray, Chaplain to St Catherine, 2s of annual,
yearly, of a rood of land lying in the Eastgate, on the south side of that same,
betwixt the land of Sir William Patrickson to the west, and the land of Donald
Andrewson to the east, the King's gate to the north, and the Barnhill to the
south. To be holden and had, the said 2s of annual, yearly, from vcte, my heirs,
executors, and assignees, to the said Sir Thomas, his heirs, executors, and assignees,
forever. And, moreover, if it happens, as God forbid it do, the said land to be
destroyed or wasted by fire, war, or to be unable to pay the said 2s of annual
yearly, as said is, at two usual terms in the year, I oblige me, and will that the
foresaid Sir Thomas take so much annual as 2s yearly of my nearest lands lying
within the said burgh or without, all fraud, guile, cavillation excluded and
away put : In witness of the which of this my alienation, myself being bailie, at
the time, of the said burgh, I have given heritable state and j)ossession of the
said 2s of annual yearly to the said Sir Thomas, and to the more security I have
written these with my own hand and have ]3ut to my seal at the said burgh, the
24th day of the month of March, the year of God, a thousand four hundred and
four score.
LV.
JAMES III. 1460-1488, PART FIFTH.
The following deed by Alexander Donaldson, dated at
Inverness 6tli July 1481, is curious, in respect of the nature
of part of the subject conveyed. Upon the subjects which
lay on the east side of Church Street was erected a barn
containing three couples and two forks, '^ and on the west
part of said land, without the barn, a bigging or small room,
well and completely enclosed." In the after parts of the
deed this latter is more than once referred to, and seems to
have been considered as of some importance. Perhaps the
temporary nature of the structure, as it was merely a bigg-
ing, that is, a rudely and hurriedly constructed erection, as
well as its manifest usefulness in connection with the barn
occasioned the frequent mention ; —
To all who shall see or hear of this charter, Alexander Donaldson, son and
heir of the late Donald Symonson, burgess of Inverness ; Greeting eternal in
the Lord : Know that I, with consent and assent of Matilda my mother and of
my friends and relatives, have given, granted, and by this my present charter
confirmed, to the honourable man Lord Thomas Moravia, a piece of my laud
lying in said burgh, in Church Street, on the east side thereof, between the
land of Thomas Johnson at the south, and the land of Marjory Awes at the north,
in breadth, and in length from my own land at the west, towards " le fouU
poull" at the east, upon which piece a barn is built containing three couples
and two forks, and on the west part of said land, without the barn, a bigging or
chamber which is well and completely enclosed, without any impediment or
obstacle, for a certain sum of money, which the foresaid Lord Thomas com-
pletely and faithfully paid into my hands, with which I hold me well content,
pacified, and paid : To be held and had, said piece of land with the edifices and
enclosure as said is, of me, my heirs,and assignees, by the foresaid Lord Thomas,
his heirs and assignees in feu and heritage forever, with all commodities,
liberties, and easements, and their just pertinents whatsoever, as well not
named as named, belonging to the said piece of land with the edifices and
enclosure, or which may in future in any way justly belong, freely, quietly.
INVERNESSIANA. 155
wholly, honourably, well and in peace, and without any annual to any one,
but freely to himself and liis heirs as said is : And I, the said Alexander, my
heirs and assignees, shall warrant, acquit, and for ever defend said piece of land
with tbe enclosure and edifices as said is against all mortals : In testimony of
which matter, as I had no seal of my own present, I have procured with great
instance, and caused to be appended to this my present charter, the seal of the
discreet man Andrew Fcrchard, one of the bailies of said burgh, who for me gave
with effect sasine and hereditary possession of said piece of hind with the
enclosure to the said Lord Thomas : At said burgh the Gth day of the month of
July in the year of the Lord 1481. Witnesses — Lord Thomas Johnson, Lord
WilUani Fartick, Hugh Anguson, John Alexanderson, Thomas Grey, servitor,
with many others called and sijecially asked.
The following obligation by Farquhar Mackintosh, younger
of Mackintosh, to the baron of Kilravock, is interesting, and
has reference chiefly to Ewen, son of Hector Maclean, who
resisted Kilravock's claim to the lands of Urquhart. It is
signed at Croy, but several of the parties referred to were
inhabitants of Inverness, and it is therefore given : —
Be it known to all men by these present letters, that I, Farquhar Mackintosh,
son and apparent heir to l)uncan Mackintosh, Captain of the Clan Cliattan,
to be bound and obliged, and by the tenor of these present letters, and the
faith of my body, loyally and truly, bind and oblige me, to a right honourable
man, Hugh the Kose, baion of Kilravock, and to his sons, his brother, kin and
party, in lawful help, supply, maintenance and defence, in all actions, causes
and quarrels they have ado (with), for all the days of my life ; Excepting my
allegiance to my sovereign lord the King, and my father's worship, and to stand,
enjoy, and bide at the counsel of the said Hugh Kose, baron, and his son's, Hugh
the Kose, son and apparent heir to the foresaid baron, William the Kose and
Alexander the Kose, brothers german to the foresaid baron, in all actions, lawful
and honest matters I have, or shall have, to do in time to come : And the fore-
said persons shall be i>rinci])al of my counsel, and I shall not d(.li\er nor
outgive any matter that I shall have to do, without the advice, counsel, and
consent of the foresaid persons, and s[)ecially the foresaid baron and Hugli his
son : And if that Ewen Makachtane will come before Mackintosh my father and
me, and bind him to underly Mackintosh and eight persons chosen by them
with him, in all matters debateable betwixt the foresaid baron and Ewen, the
foresaid Mackintosh and the eight persons being sworn to give each one of
them, as far as they have right or law, it appeases me : And if the said Ewen
will not, I the foresaid Farquhar, bind and oblige me, as it is befoi-e written,
to take lawful part with the said baron, his children and party, against the said
Ewen and his party : And this to do and fulfil in all things and by all things, in
manner and form before written, the great oath sworn, and the holy gospel
toached, I, the foresaid Farquhar, bind and oblige me to the said Hugh the
Kose, baron, his sons, brothers, kin, and party, as is before written, under the
pain of inability, perjury, and infamy, in the most strict style, and form of
band or obligation, that made is or can be devised : And also all lands, tacks,
mails, and profits which were in the hands of the foresaid baron, his sons,
bi'others, kin and party, which I have intromitted with before the making of
this band, I freely assign and deliver to themselves again in such likewise as
they had before : And I shall not intromit with any tacks or profits which they
have or shall have in time to come, as our band proports : And if it liap})en the
foresaid baron, his children, and party, to get tacks or roums in any places,
so that my roums be not menaced, I bind and oblige me with all my power to
help, supply, maintain, and defend to the utmost, under pains foresaid, all
fraud, guile, delay, exception (being) posti)oned and removed. In witness hereof,
because I, the said Farquhar, have no seal proper of my own, I have pi'ocured
with instance the seal of an honourable man, Henry Fynlasone, bailie of Inver-
ness, to be affixed to this present writ, before these witnesses Hugh the Rose,
son aiid apparent to the foresaid baron, William the Kose, John Barbour, burgess
of Invei-ness ; Gillemycell JMalys, tailor ; Kob. Tailyour, and Donald Makfaill,
with others, divers and sundry. And also I, Duncan Mackintosh, consent and
give leave to my foresaid son Farquhar, to bind, keep, and fulfil this band
with all circumstances before written ; in likewise allow the foresaid baron
to bind with my foresaid son. In witness hereof, I have affixed my proper
seal to this present writ at Croy, before these witnesses, in time of the said
procuration, the 23d day of September the year 1481.
156 INVERNESSIAl^A.
LVI.
JAMES in. 1460-1488. PART SIXTH.
The following singular document appears in the last place
where it might be expected to be found — that is, among the
Kilravock muniments.
There had been considerable ill-feeling between the Mack-
intoshes and Roses in connection with the possession of
Glen-Urquhart. The Roses, with whom the district was
permitted to remain, were unable to retain possession long.
The history of the family states that Lachlan Mackintosh of
Gellovie, commonly called Lachlan Badenoch, had five
daughters. Of these, the names of four are given — viz.,
More, or Marion, married first to the Laird of Macgregor,
and secondly, to Stewart, Baron of Kincardine; Marjory,
married to Ewen MacAUan of Lochiel ; Catherine, to Ranald
Macdonald of Moidart ; Jean, to Calder of Assenauly ; and
, to Farquhar, son of Hector Maclean, founder of the
good old house of Kingairloch. Whether Lady Kingairloch
was the Margaret mentioned in the following deed is doubt-
ful. Tytler, referring to the unhappy life of Annabella
Drummond, after she became widow of James L, says — " It
was a melancholy consequence of the insecurity of persons
and of property in those dark times that a widow became
the mark or the victim of every daring adventurer, and by
repeated nuptials was compelled to defend herself against
the immediate attacks of licentiousness or ambition," — and
we here see how a father proposed to treat his own daugh-
ter : — .
This indenture, made at Inverness the 15th day of May, the year of God 1482
years, proporfcs and bears witness, that it is appointed and fully accorded
betwixt honourable men, Lauchlan Mackintosh of Gellovie, ou the one part,
and Donald, Angus Mackintosh's son, on the other part, in form, manner, and
effect, as after follows — that is to say, for so much as it is rehearsed, presumed,
and in some part known by part of the eldest of the land, that Hugh the Rose,
baron of Kilravock, should have no title of right to the Castle of Kilravock,
nor to the ground that it stands on ; therefore, the said Donald is obliged to
the said Lauchlan, in all possible haste, that he shall take the Castle of Kil-
ravock, and then deliver the castle to the said Lauchlan, so that he come to
rescue him in haste, and come to receive the castle when it is taken : And for
the which taking, the said Lauchlan Mackintosh shall make incontinent, without
any longer delay, the said Donald Angussone, constable and keeper under himself
of the said castle, as long as it may be brukyt (held) and enjoyed by any manner
of way, either by the law, or in spite of the law ; and he shall give the said
Donald for the keeping of the said castle, in his fee, all the land that was called
Cannekell, that is to say, all the land that is betwixt the new mill that was last
made under the said castle and the town of the Holme, on the water side of
Nairn, and all the land that is betwixt the said castle and the kirk of Croy,
together with the said mill, free, so long as the said castle may be kept and
INVERNESSIANA. 157
enjoyed as said is, -and ten raerks worth of land free in his fee, for all the days
of the said Donald's lifetime, either in Petty or in Strathnairn, or where the
said Laiichlan may easiest and best get and lose the said ten merks worth of
land free in his fee as said is : And if it happen that the said Lauchlan cause or
make the said Donald, by any manner of means, deliver the said castle, after
that it be taken, to the said baron of Kilravock, or to his folks or friends, he
shall make the said Donald sure forthwith, >vithout any longer delay, of ten
pounds worth of lands, free in his fee for all the days of his life, in such like
places as is above written, without fraud or guile. And, besides, for the more
kindness, truthfulness, and security, the said Donald shall marry and espouse
Margaret, daughter to the said Lauchlan Mackintosh, the said Lauchlan bringing
the dispensation out of Kome at his expense : And as soon as the said castle is
taken by the said Donald, the said Lauchlan shall cause, incontinent, without
any longer delay, handfast Margaret his said daughter, with the said Donald,
and lie with him as she were his lawful wife : And as soon as the dispensation
comes home, the said Donald is obliged, incontinent, without any longer delay,
to marry and espouse the said Margaret, and to hold her in honour and worship
at all his power as his wedded wife, for all the days of his life : And the
said Lauchlan shall make thankful payment of forty merks of the usual money of
Scotland in marriage goods to the said Donald, in penny and pennyworth
thereof, ten merks to be paid in hand the first day that his said daughter is
handfast, or lies with the said Donald, and ten merks at the next term thereafter
following, whether it be Whitsunday or Martinmas, and so forth, ten merks at
each term, Whitsunday and Martinmas, aye, and until the said forty merks
be thankfully paid. The said Lauchlan shall clothe his daughter honestly as
effeirs, and the costs thereof not to be counted in the said forty merks ; and
he shall hold and sustain his said daughter honestly in his own house two years,
if it please the said Donald that she remain so long with her father. And the
said Donald is become loyal and true son in service, and in all things to the
said Lauchlan as to his carnal father for all the days of his life ; and the
said Lauchlan is become loyal and true father in all defence, help, and supply,
for all the days of his life to the said Donald, as a carnal father should be to
his son. And to the fulfilling, firm, and faithful keeping of all the points above
written, the said Lauchlan and the said Donald have sworn the great oath, the
holy gospel being touched, all fraud, guile, cavillation, and frivolous exceptions
being excluded and byput. And for ihe more security, to this indenture the
foresaid Lauchlan and Donald have interchangeably affixed to their seals ; and
because the said Donald had no seal proper of his own, he has procured with
instance the seal of an honourable man, William Thane of Cawdor, to be affixed
for him, at day and place before written.
The following shows the tax ordered to be levied by the
Parliament, held at Edinburgh on the 21st March 1483, on
the burghs after mentioned, no doubt in proportion to their
then importance and wealth : —
Aberdeen, Scots £26 13 4
Banff, „ 3
Elgin, „ 3
Forres, ,, 6
Nairn, ,, 2
Inverness, ,, 10
In the process of forfeiture against William, Lord Crich-
ton, in 1483, the messenger, after passing through Banff,
Elgin, Forres, and Nairn, relates — '' And the same 23d day
(of December) I past with the said letters and these wit-
nesses, Thomas Scot, John Eraser, John Cowy, Alexander
Eleming, Alex. Rede, and John Patersoun, burgess of
Inverness, to the Market Cross of the same, and because I
could not get certain verification, nor knowledge where to
find nor apprehend personally William, Lord Crichtoun, I
passed to all the burghs forenamed, and at the Market Cross
158 INVERNESSIANA.
of the same, at days and before witnesses above expressed,
I summoned peremptorily by open proclamation, the same
William, Lord Crichtoun : And, moreover, the last day of
the month and year foresaid, I passed with the said letter
and these witnesses, Thomas Scot, John Fraser, John Cowy,
William Johnson, one of the bailies of Tain ; Thomas Rede,
a bailie of Cromarty ; Magnus Vans, burgess of Inverness ;
and Alexander Sutherland, brother and familiar follower to
the said Lord Crichtoun, to the town of Tain in Ross, &c."
This William, Lord Crichton, was a man of great influ-
ence during the reign of James III. His crime was treason-
able correspondence with the English Court. In 1483, in
dread of his life, he sought sanctuary within the girth of
Tain, and lived in the Vicar's house. He of course did not
obey the summons, and was in 1484 outlawed in consequence,
and his estates were forfeited. He resided for several years in
Tain ; and afterwards met the King at Inverness, and was,
in some degree, reconciled to him. He seems to have died
in poverty.
The following deed is endorsed, " A charter of John
Kenneth's son and Elizabeth Ostlerach, of a rood of land in
Doomsdale, given by them to the Holy Virgin, St Katherine,
and her chaplains and their successors for ever, from them
and their heirs," and is dated at Inverness, 18th January
1484 :—
Till all and. sundry, to whose knowledge these present letters shall come ;
Greeting : AVit rae, John Kennethson, bvirgess of Inverness, to have given and
granted, and by these, my present letters, freely to give and grant to the Holy
Virgin St Catherine, and to the chaplain that makes her services in the Piuisii
Church of Inverness, one rood of my land of my own acquiring, bigged, lying
within the said burgh of Inverness in Doomsdale, upon the east side of that
same, betwixt the land of William Thomson to the north on the one part, and
the land of Alexander Miller to the south on the other part, the front extending
to the King's Gate to the west, and the tail to the Barnhill to the east : To
be holden, and had, the foresaid rood of land, with the bigging and pertinents,
from me, my heirs, executors, and assignees, to the foresaid St Catherine,
her chaplain and his successors for ever, except that I, and Elizabeth ray spouse,
remain with the said land for all the days of our lives, and after both our
deceases, incoming to the said St Catherine and her chaplains for ever, without
any obstacle, impediment, or demand, of us, our heirs, executors, or assignees,
or any others in our name : The said chaplain paying yearly all annual and
King's mail after both our deceases, that pertain to the said rood of land : And
attour, we the foresaids John and Elizabeth my spouse, bind and oblige us to
pay yearly, so long as any of us lives, to the said Virgin and her chaplain,
one pound of wax in taking of possession : And upon this I, the foresaid John
Kennethson, on my own good will, hale in body and mind, have made free,
pure, and simple resignation in the hands of John Auchlic, that time one of
the bailies of the said burgh, into the favours of the said Holy Virgin St
Catherine, and have procured his seal hereto, together with the seal of
Andrew Farquharson, that time alderman of Inverness, to this my letters of
resignation, to be appended, at the said burgh, the^ xviii. day of the month of
January, the year of God one thousand four hundred, eighty and four years,
before these witnesses — Symon Thomson, John Smyth, Fiiday Brabener, John
Moyr, Thomas Gray, and John Skinner, servants, with others sundry.
INVRRNESSTANA. 159
LVIL
JAMES III. 1460-1488. PART SEVENTH AND LAST,
The following deed in 1484 is about the latest where the
name of Pilche appears as party or witness. The subjects
lay about the Green of Muirtown. Probably " our lady of
the new ill" and St Catherine are one and the same : —
To all and sundry to whose knowledge these present letters shall come ;
Greeting in God everlasting : Wit that I, Gilbert the Waus, one of the bailies
of the burgh of Inverness, through a pure and simple resignation made in my
hands of a lood of land lying on the west side the water of Ness, betwixt the
land of our lady of the new ill (new aisle ?) to the south, and the land of Andrew
Fercharson to the north, the one end extending to the Auld Dike to the east,
and the other end to the lands of Kylmylie to the west, by a worshipful woman
Marioii Pylch, of her own proper conquest, after the decease of her spouse, as her
charter made thereupon more fully showeth in itself, into the favours of the
Holy Vii-gin St Catherine, in the Parish Kirk of Inverness, to pray for saull
heill (salvation) of her husband, herself and their friends for ever. Therefore,
through the virtvie of the said resignation made in my hands by the said
Marion Pylch, I, the foresaid Gilbert the Waus, have given heritable state and
j)Ossession of the foresaid rood of land with the pertinents, to Sir Thomas of
Moray, that time chapliiin to St Catherine in her name, and to his successors for
ever. In witness of the which I have appended to this, my letter of sasine, my
seal, at the said burgh the tenth day of the month of May, the year of God one
thousand four himdred eighty and four years, before these witnesses. Sir Donald
Watson, chaplain ; John Auchlec, that time one of the bailies of the said burgh ;
Finlay INIerthyson, Alex. Ker, MuleuKoy, Donald Mertyson, and John Cristison,
servant, with others sundry.
On 26th October 1484—
The Lords ordain that for the great offence, slighting and contemption done
to our Sovereign Lord's Highness by Archibald of Douglas, Stevin M'Kerbryt,
Johne Thomsoun, James Thomsoun, John Wallace, Patric Nelesoun, James Ker,
Patric Ker, James of Douglas, son fco the said Archibald, in the violent and cruel
taking and handling of Sir David Purdy, subchanter of Glasgow, and of Sir
Alex. Panther, his chaplain, furth of their beds in the night, and having them
to the fields, and there with boast and menacing compelling the said Sir David
to make assedation of his Kirk, and to remit and forgive sums owing to him,
with others divers great injui'ies, as was clearly proved before the Lords, that
therefor the said Archibald of Douglas, Stevin M'Kerbryt, and John Thomsoun
shall enter their persons in ward in the Castle of Dingwall within twenty days
next to come, and the said James Thomsoun, John Wallace, and Patric Nelesoun
shall enter their jjersons in ward in the Redcastle within the said time, and
the said James Ker, Patric Ker, and James of Douglas shall enter their persons
in ward in the Castle of Inverness, within the same time, and remain there
on their own exx^enses nntil they be freed by the King, under the pain of
rebellion, and that our Sovereign Lord's letters be directed hereupon, with three
letters to the captains of the said castles for the receiving of them in ward as
said isj and that the Sheriff deliver them these letters.
In 1485, John Fraser, of the family of Fruid, in the shire
of Tweedale, Abbot of Melrose, was promoted to the see of
Ross.
James the Third was assassinated on 15th June 1488 ;
and shortly before setting out to quell the insurrection which
ended so fatally for him, granted the following letter, still pre-
160 INVERNESSIANA.
served, and under the King's own hand, remitting bye-gones to
the burgh in respect of its being "impoverished, wasted, and
failed," to use the King's own expressive words. The Master
of Huntly appears to have interceded for the burgh in the
remission and to have become responsible for the future
mails, of which a tack for 19 years is included. In the next
reign the family obtained the Castle lands.
James, by the grace of God, King of Scots, to all and sundry our officers,
lieges, and subjects, whom it effeirs, to whose knowledge these our letters shall
come, and in special to our comptrollers and auditors of our Exchequer ;
Greeting : Wit ye, that for as much as we being truly informed, and under-
standing that our burgh of Inverness, and the burgesses and inhabitants of
the same, are so greatly impoverished, wasted, and failed, that they are not
of power to pay to us the sums of money resting owing to us in our Exchequer
Rolls of our burgh, mails of the same without utter poverty and hership of them ;
we, therefore, having pity and consideration of them, and because our traist
and well-beloved cousin, Alexander, Master of Huntly, has made us supplication
and request thereupon, and has shown to us, that we shall have thankful
payment of oar burgh mails of the said burgh in time to come, we have
remitted and forgiven, and by these our letters, remit and forgive to the bailies,
burgesses, and community of the said burgh, all sums of money resting owing
to us in our Exchequer Rolls, of our said burgh mails of whatsoever terms
by gone, before the date of these our letters, and quitclaim and discharge them
of the payment thereof, now and forever in time to come, and charge you our
said comptrollers and auditors to make allowance in our next Exchequer [ac-
count] or others, when these our letters be shown to you, and register them in
our Exchequer Rolls, for yours and their warrant thereupon, and thereafter
deliver them again to the bearer, under all the highest pain and charge that after
may follow, and attour we have committed, and by these our letters commit
power to the said Alexander to raise and uplift our burgh mails of the said
burgh of Inverness yearly in time to come, for all the terms of nineteen years
next to come after the date of this our letters, and if need be to distrain therefor
and to make us yearly payment of the said burgh mails, and account in our
Exchequer of the same as effeirs, and to make deputes under him therein for
the which he shall be holden to answer : "Wherefore we charge straitly, and
command all aad sundry, our lieges and subjects foresaid whom it effeirs, and in
special the bailies, burgesses, and community of our said burgh of Inverness, that
they and each one of them readily intend, answer, and obey to the said
Alexander, and to his deputes under him in the raising, uplifting, distraining,
inbringing, and delivering to us of our burgh mails of the said burgh, yearly,
enduring the said nineteen years, and that they make no impediment, stop,
nor disturbance to him nor his deputes therein, as they will answer to us there-
upon, and under all pain and charge they may commit and incur against us in
that part : Given under our privy seal, at Edinburgh the 17th day of May,
the year of God 1488 years, and of our reign the 28th year.
(Signed) James R.
INVERNESSIANA. 161
LVIII.
JAMES IV: 1488-1513. PART FIRST,
Andrew Fercharson having founded a cliaplainship in
the Parish Church of Inverness to St Peter, and provided
certain acres, houses, and annual rents, within and without
the burgh for its support, presents thereto the discreet man
Thomas Copland. His presentation is dated at Inverness
22d April 1490. Thereafter, Andrew, Bishop of Moray, at
Inverness on the 20th July 1490, commands John M'Cellan,
vicar of Fernway, or any of his chaplains, to invest, induct,
and appoint the said Thomas in said office, to defend him
therein and to furnish him with the fruits thereof. Docu-
ments exactly similar have already appeared in full.
John Grant, one of the bailies of Inverness, on the I5th
July 1490, infefts the Chaplain of the Altar of St Peter
within the Parish Church of Inverness, in an annual of six
merks, granted by Andrew Farquhar's son styled Alderman
of the said Burgh, in the following terse and concise terms : —
To all and sundry to whose knowledge these^ present letters shall come, John
the Grant one of the bailies of the burgh of Inverness sends greeting in God
everlasting : To you all I make it known that Andrew Fercharson, Alderman of
the said burgh, not compelled, strained, nor seduced, but of his own benevolence
and free will, made pure and simple resignation into my hands as bailie, into
the favours of the Holy Apostle St Peter in the Parish Kirk of Inverness, and
to Sir Thomas Coupland, perpetual chaplain to the same, of six merks of annual
rent yearly, to be paid of all and sundry the foresaid Andrew Fercharson's lands
lying within the said burgh and without, of his own proper conquest, for services
to be done weekly by the foresaid Sir Thomas and his successors for ever, at
the said altar, that is for to say, that he and his successors shall say mass all
Sundays, Wednesdays, and Fridays, at the same, and to be at all founded services
without and within the said Kirk at even song, high mass, all festival times in
the year, at the Roodmass of Friday, and our Lady mass on Saturday, and to
pray for the souls of the said Andrew, his wife, his forbears and friends for
ever : And this I make it known to all whom it effeirs, me to have given the
said state of six merks of annual yearly to the said Sir Thomas as said is. In
witness of the which thing I have appended to this my letter of sasine, my seal at
the said biirgh the 15th day of July the year of God, one thousand four hundred
and ninety years, before these witnesses Sir Thomas Johnson, chaplain, John
Alexanderson, William Dalcous, David Skynner, and Thomas Cuk, servitor,
with others sundry.
In a bond between the Thane of Cawdor and Mackintosh,
anent the marriage of Huchone, Allan's son, dated, Cawdor,
20th August 1490, Sir Marteyne, Dean of Inverness, is one
of the witnesses.
In the year 1492, in a question regarding the marches of
Croy and Kildrummie betwixt Andrew, bishop of Moray,
and Hugh Pose of Kilravock, Master Alexander Sutherland,
vicar of Inverness, formerly referred to, is one of the arbiters.
w
<
clim,
INVERNESSIANA.
I
same year, Patrick Wiseman, with others, were
Inverness, and the King, then at Inverness, upon
the 10th day of November, granted the remission of which
the essentials follow : —
James, by the grace of God, King of Scots, to all his good men to whom the
present letters shall come ; Greeting : Know that we have remitted to William,
Thane of Cawdor, Thomas Hay, William Caldor, John Nicolson, John Belgeam,
Thomas Gi-ant, James Caldor, Thomas Grahame, William Blabii', John Thom-
son, and James Maliach, bearers of these presents, the rancour of our mind,
royal suit, and all action which we have conceived, have, or shall have, towards
them, or any of them, for the slaughter of the late Patrick Wisman, Duncan
Makangus, William Blaklaw, and John Rede . . . provided that to the
parents and friends of the said slaughtered individuals they make amends and
satisfaction, and likewise satisfy others who have endured losses, so that
regarding this matter we shall for the future hear of no just complaint. . . .
Under the great seal. ... At Inverness, the 10th day of the month of
November, in the year of the Lord 1492, and of our reign the 5th.
The following extract from Tytler's History may be read
with advantage in reference to the period now arrived at,
the early part of James the Fom^th's reign : —
For a considerable time past the condition of the Highlands, and the reduction
of such wild and remote districts under a more regular form of government
than that to which they had hitherto submitted, appears to have been a subject
which occupied a large share of the attention and anxiety of the sovereign.
To attach to his interest the principal chiefs of these provinces ; to overawe
and subdue the petty Princes who affected independence ; to carry into their
territories, hitherto too exclusively governed by their own capricious or
tyrannical institutions, the same system of a severe, but regular and rapid
administration of civil and criminal justice, which had beeu established in his
Lowland dominions, was the laudable object of the King ; and for this purpose
he succeeded, with that energy and activity which remarkably distinguished
him, in opening up an intercourse with many of the leading men of the northern
counties. With the Captain of the Clan Chattan, Duncan Mackintosh ; with
Ewan, the son of Alan, Captain of the Clan Cameron ; with Campbell of Glen-
urcha ; the Macgilleouns of Dowart and Lochbuy ; Mackane of Ardnamurchan ;
the Lairds of Mackenzie and Grant ; and the Earl of Huntly, a baron of the
most extensive power in those northern districts — he appears to have been in
habits of constant and regular communication, rewarding them by presents,
in the shape either of money or of grants of land, and securing their services in
reducing to obedience su^ch of their fellow-chieftains as proved contumacious,
or actually rose into rebellion. But James was not content with this. He
rightly judged that the personal presence of the sovereign in those distant parts
of his dominions would be attended with salutary effects ,• and in 1490, on two
different occasions, he rode, accompanied by his chief counsellors and the lords
of his household, from Perth across the "Mounth," the term applied to the
extensive chain of mountains which extends across the country, from the border
of the Mearns to the head of Loch Kannoch. In 1493, although much occupied
with other cares and concerns, he found time to penetrate twice into the
Highlands, proceeding as far as Dunstaffnage and Mingarry in Ardnamurchan,
and in the succeeding year, such was the indefatigable activity with which he
executed his public duties, that he thrice visited the Isles. The first of these
voyages, which took place in April and May, was conducted with great state.
It afforded the youthful monarch an opportunity of combining business and
amusement, of gratifying his passion for sailing and hunting, of investigating
the state of the fisheries, of fitting ovit his barges for defence as well as pleasure,
and of inducing his nobles to build and furnish, at their own expense, vessels in
which they riiight accompany their sovereign. It had the effect also of impi-ess-
ing upon the inhabitants of the Isles a salutary idea of the wealthy grandeur
and military power of the King. The rapidity with which he travelled from
place to place, the success and expedition with which he punished all who dared
to oppose him, his generosity to his friends and attendants, and his gay and con-
descending familiarity with the lower classes of his subjects, all combined to
I
INVERNESSIANA. 163
increase his popularity, and to consolidate and unite, by the bonds of equal laws
and affectionate allegiance, the remotest parts of the kingdom.
At Tarbet, in Cantire, he re]xiired the fort originally built by Bruce, and
established an emporium for his shipping, transporting thither his artillery, laying
in a stock of gunpowder, and carrying along with him his master gunners, in
whose training and practice he appears, from the payments in the treasurer's
books, to have busied himself with much perseverance and enthusiasm. Those
warlike measures were generally attended with the best effects ; most of the
chieftains readily submitted to a prince who could carry hostilities within a
few days into the heart of their country, and attack them in their island
fastnesses with a force which they found it vain to resist. One only. Sir John
of the Isles, had the folly to defy the royal vengeance, ungrateful for that
repeated lenity with which his treasons had been already pardoned. His great
power in the Isles probably induced him to believe that the king would not
venture to drive him to extremities ; but in this he was disappointed. King
James instantly summoned him to stand his trial for treason ; and in a Parlia-
ment, which assembled at Edinburgh soon after the king's return from the north,
this formidable rebel was stripped of his power, and his lands and possessions
forfeited to the Crown.
LIX.
JAMES IV, 1488-1513. PART SECOND.
The king was at Inverness in the month of November
1493, as appears by the following order, which is endorsed :
— *' The king's letters directed to the Sheriff of Ross to
charge all the merchants and inhabitants of Tain, Suther-
land, Ross, and Caithness, to present all their goods market-
able to the burgh of Inverness." The Sheriff is Hugh Ross
of Balnagown, and one of the witnesses to his execution is
I Angus Macculloch, a member of the ancient family of Mac-
culloch of the Plaids ; —
James, by the grace ot God, king ot Scots, — To our Sheriff of Ross and his
I deputes ; Greeting : Forasmuch as it is humbly meaned and comjplained unto us
I by our lieges the alderman, bailies, council, and community of our burgh of In-
' verness, that whereas the goods customable passing furth of Koss, Caithness,
and Sutherland should be brought before our officers of customs and searchers of
our said burgh, and there our customs and duties of the same paid, nevertheless,
the persons inhabiting the bounds foresaid have, of long time byegone, not
broughtjthe said goods to our said burgh of Inverness, but to the burgh of Tain ;
and the customs and duties pertaining to us thereof intromitted with and up-
taken and withholden from us by the bailies and community of Tain, in great
prejudice to us, and heavy damage and scaith to our said burgh of Inverness, and
hurting of the old privileges of the same, as is alleged : Our will is heretor, and
; we charge you strictly and command that ye, incontinent, these our letters
I seen, pass, and in our name and authority command and charge all and sundry,
our lieges inhabiting the said bounds of Tain, Sutherland, and Caithness, that
they, in time coming, come to the market of Inverness with all manner of mer-
chandise, and that as to their principal market, under the pain of escheating
of the said goods, unto the time that they show, if they have i^rivileges or free-
doms to the contrary of old : And this in no wise leave undone, as ye will answer
to us upon the execution of your office, and under all the hurt, pain, charge, and
offence that after may follow : Delivering these our letters, by you duly exe-
cuted and endorsed, again to the bearers. Given under our signet at Inverness,
the 12th day of November, and of our reign the sixth year.
Ex deliberatione dominorum concilii, &c.
JOHNSTOUN.
164 INVERNESSIANA.
The 12th day of May, I, David Koss, Sheriff in this part, have made execution
of these our sovereign lord's letters in the town of Tain, in all and sundry
points and ai'ticles contained in the present letters, after the form of the same
before these witnesses : — Angus Macculloch of the Plaids, Walter Ross, Donald
Reed, and Hugh*Alexanderson, bailies of Tain. In witness of the which I have
affixed my seal.
The following discharge by the Abbot of Cambus-
kenneth, to the Baron of Kilravock, relates to some question
which had been before the Circuit Court at Inverness. It
may be observed that the Chartulary of Cambuskenneth,
an elegant and well-edited volume, was lately presented to
the members of the Grampian Club by the Marquis of
Bute : —
We, Henry, by the permission of God, Abbot of Cambuskenneth, and trea-
surer to our sovereign lord for the time, quitclaim, and discharge Hugh Rose of
Kilravock and his borrows (sureties) ; that is to say. Sir Alexander Gordon of
Migmar, Henry Chene of Essilmont, and John the Ross of Auchinlosk, of the
sum of £42, owing by them to us in our sovereign lord's name, after the tenor
of their obligation, for a composition made with us by the said Hugh in the
Justice Aire of Inverness, because our sovereign lord has by his letters remitted
and forgiven to the said Hugh the said sum, and has taken contentation
therefor, as the said letters bear, which we have received to show upon count
for our warrant : And, therefore, we discharge by these presents the said
Hugh and his sureties foresaid of the said sum, and of their obligation made
to lis thereupon for ever. In witness hereof we have subscribed this quitclaim
with our hand, and affixed our signet to the same, at Stirling the 8th day of
February the year of God 1494 years.
By precept of clare constat, dated at Inverness, 25th
October 1494, John Earl of Sutherland directs infeftment
to be given to Janet Terrell, in the lands in Strathfleet
called the Terrell, his lands to wit, Rossell, Rowie, &c.
At Inverness on the same day the king granted the
following remission to the Thane of Cawdor, John his son,
William Dallas of Cantray, and William Dallas of Bud-
gate : —
James, by the grace of God, King of Scots, to all and sundry our justices,
sheriffs, justice clerks, coroners, and their deputes, and all others, our
officers, lieges, and subjects whom it effeirs, to whose knowledge these our letters
shall come ; Greeting : -Wit ye that forasmuch as in our court of justiciary
holden by us in proper person at Aberdeen, the 26th of April, the year of God
1493 years, William Thane of Cawdor, John of Cawdor, his son and apparent
heir, William Dallas of Cantray, and William Dallas of Budgate were accused
and convicted of certain criminal actions committed by them, and doom given
upon them to have been beheaded therefor, nevertheless we therefore moved of
pity, considering and understanding they were ever our true lieges, and obedient
to our laws, and never found guilty of before, granted to them their li^^es, heri-
tages, and goods, to live and remain in time to come our true lieges, like as they
did of before the giving of the said doom upon them, and thei-efore of our special
grace, favour, and authority royal, have remitted, and by these our letters remit
to them and each of them all actions, criminal and civil, committed and done
by them or any of them in time bygone, before the giving of the said doom upon
them, and cancel and annul the said doom, and all sentence and process that
might have followed thereupon Given under ou^r privy seal at Inver-
ness, the 25th day of October, the year of God 1494 years, and of our reign the
7th year. (Signed) James R.
In a chronological and genealogical account of the ancient
and honourable family of Fowlis, taken from an ancient
INVERNESSIANA. 165
manuscript and printed by John Young, Inverness, 1805, it
is stated that William Munro, sixth laird, who succeeded in
1496, had a Commission of Justiciary within the sheriffdom
of Inverness.
Upon the 24th of January 1497, the king, while at Inver-
ness, confirms a disposition by Beatrix Dunbar of Cremond
to Alexander Innes of that ilk.
In 1497 is found the name of John Maclean, perpetual
chaplain of the parish church of Inverness ; and upon the
26th of January, the king, still at Inverness — '' remitted to
Hugh Ross of Kilravock, John Ross, his son, John Urqu-
hart, Gilliepatrick Makfleger, Donald Makcone, John Ross
in Finance Field, William Ross, Cristy Makmullmory,
John Huchonsoun, Dugal Clerk, John Roy Makhuchone,
and Eugene Makcone, .... the rancour of our mind,
royal suit, and all action, for act and part in the cruel
slaughter of the late Alexander Nobill, John Nobill, William
Gawane, and of a certain chaplain, the late Lord Maurice by
name, within the burying-ground of the cathedral church of
Ross .... provided to the parents and friends,
. . . . they make such amends that we hear no farther
just complaint regarding this Under our great
seal At Inverness, the 26th day of the month
of January, in the year of the Lord 1497, and of our reign
the lOth.'^
LX.
JAMES IV. 1488-1513. PART THIRD.
The grasping family of Argyle about this time began to
look to the north for seizures. They did establish them-
selves in Cawdor, but the attempt to settle in the rich terri-
tory of the Aird lasted but for a time.
The charter of which a copy is annexed was granted to
Archibald, Earl of Argyle, by David Lindsay of Beaufort,
and is dated at Inverness on the 29th of January, 1497 : —
To all who shall see or hear of this charter, David Lindsay of Beaufort, knight;
Greeting eternal in the Lord : Know, that I have given, granted, sold, and by-
title of sale alienated. ... to the noble and powerful Lord Archibald,
Earl of Argyle, Lord Campbell and Lorn, and Master of the Chamber of o*ur
supreme Lord the King, and to his heirs, all and sundry, my underwritten lands,
viz. : — One-fourth part of the lands |of Quhilbrane, extending to 2| merks
lands of old extent, with the castle and fortalice thereof, and one-fourth
part of the lands of the two Moys, extending to 2^ merks lauds of old
I
166 INVERNESSIANA.
extent ; a fourth part of the lands of Balcrum, extending to 8s 4d, lands
of old extent ; a fourth i^art of the lands of Conwich Mor, extending to 16s 8d,
lands of old extent ; a fourth part of the lands of Sanwalle, in Glen Conwich,
extending to 16s 8d, lands of old extent ; a fourth part of the lands of Eskadale,
extending to 16s 8d, lands of old extent; a fourth part of the lands of Arderoynet,
extending to 16s 8d, lands of old extent; a fourth part of the lands of Kyne-
riche, extending to 16s 8d, lands of old extent ; a fourth part of the lands of
Moncref, extending to 16s 8d, lands of old extent ; a fourth part of the lands
of Appathy, extending to 16s 8d, lands of old extent ; a fourth part of the
lands of Nelstoun, extending to 8s 4d lands ; and a fourth part of the supe-
riority of all and sundry the lands in the lordship of Beaufort, belonging here-
ditarily to me, with their sundry pertinents lying in the earldom of Moray,
and within the sheriffdom of Inverness, for a certain sum of money paid to me
in my urgent necessity by the said Lord Earl. ... In testimony of which
matter my seal is appended to this my present charter at Inverness, the 29th
day of the month of January, in the year of the Lord 1497, before these wit-
nesses : — Walter Murray, John Murray, Lord Andrew Cunyngham, rector of
Lochow; Finlay Macknab of Powayne ; Charles M 'Arthur, Archibald Uchiltre,
Donald M'Clachlane and Duncan Stewart, son and heir apparent of Dougall
Stewart of Deyapyn, with divers others.
From the Kilravock papers the following account is taken
of the " Hership of Cromartie " : — " Doule M'Gilliecallum
and William Alansone spoiled and carried off from the lands
of Master Alexander Urquhart, Sheriff of Cromarty, 600
cows and oxen, each worth 13s 4d, 80 horses, each worth
26s 8d, 1000 sheep, each worth 2s, 200 swine, each worch
3s, with plenishing to the valae of £300 ; and also 500
bolls of victual and £300 of the mails of the Sheriff's lands.
The Chiefs of Clan Chattan and the Baron of Kilravock
became security for these persons, and on the 1st February
1497, the Lords of Council sitting at Inverness, pronounced
decree against Kilravock, as being probably more easily
made amenable. Kilravock endeavours to operate his relief
against the Mackintoshes in various ways, but with what
success is not known. The debt established by the Urqu-
harts against the Roses, 800 merks, was at length settled
by bond, dated at Inverness, 20th November 1501." It
would appear from the following, however, that very shortly
after, the Mackintoshes lost or yielded their rights to the
Baronies of Urquhart and Glenmoriston to the Laird of
Kilravock, which was a heavy price indeed when it seems
clear from the account in the History of the Mackintoshes
that the quarrel with the Sheriff of Cromarty was none of
their seekino: : —
'O
. . . . In the year of the Lord 1479, on the 26th day of the month of
March, .... George, Earl of Huntly, Lord Gordon, and of Badenocb,
hearing a sentence arbitral or decreet of honourable men, viz. — Alexander Gor-
don of Megmar, Lords Duncan Grant of Freuchie, James Ogilvy of Deskfiud,
knights ; John Grant, son and heir-apparent of the said Duncan Grant, Alexander
Mackintosh of Rotbiemurchus, and David Ogilvy of Thomade, judges, aibiters,
or amicable compositors and compromissors, elected by the honourable and good
men, viz., Duncan Mackintosh, cai)tain of tbe Clan Cbattau ; Allan and L icliian,
brothers-german of said Duncan Mackintosh ; and Hugh Hose of Kilravock, re-
garding many and divers quarrels, debates, controversies, and ingratitudes,
arisen and committed betwixt said persons, in which deliberation of said lords
INVERNESSIANA. 167
and barons, one article was to this effect, that the foresaid Hugh of Kilravock
should not intromit with the letting or setting of the lands of Urquhart and
Gleumorison, because of certain ingratitudes done by the said Hugh to the said
Duncan Mackintosh, the appointments being attended to and considered, and
the agreements previously had betwixt tliem, unless and with the consent and
assent of the foresaid Duncan and his brothers, namely, Allan and Lachlan,
and by their kindness : "Which article, having been read by me, and being
discussed and understood by the said Lord Earl, and the said compositors, and
the foresaid Duncan and his brothers, tlie foresaid Duncan, Allan, and Lachlan,
his brotheis, above written, induced, neither by force nor fear, and not having
fallen into error, but of their own pure and free will simply submitted said
article and all therein contained to the said Lord Earl and his arbitration and
free pleasure, and gave the foresaid lands of Urquhart and Glenmorison to be
let and set to the foresaid Hugh or to whomsoever he pleased, and to dispose of
the same at his ^ileasure; and the above-written article of deliberation by said
compositors being set forth, and decreed to be of none effect or impediment to the
prejudice of the said Hugh in the letting of said lands. All which being heard,
understood, and considered by the said Loid Earl, he, with advice of said com-
positors, and with consent and assent of Duncan Mackintosh, and of the fore-
said Allan and Lachlan his brothers-german, set the foresaid lands of Urquhart
and Glenmorison, with all their commodities and just pertinents, to Hugh Rose
of Kilravock in feu and to feu, and willed that he should intromit with the
same, after the manner and form previously had between said Lord Earl and
Hugh, and this according as is contained in the foresaid assedation of said Hugh.
[Regarding all and sundry which the foresaid Lord Earl asked of me notary-
public, pubUc instruments, one or more to be made for him. These things
were done within the Castle of Inverness ; present there — Alexander Gordon
of Megmar, and all the above-written lords, arbiters, and compositors, Dun-
can Mackintosh, Allan Mackintosh, and Lachlan Mackintosh, and other witnesses.
The following charter of subjects on the south side of
Bridge Street, dated 5th June, 1497, is from the Inshes
Collection. The reddendo is 2s stg., to be given to the
chaplain of St Mary the Virgin of the Great Altar in the
Parish Church of Inverness : —
To all who shall see or hear of this charter, Alexander Kannyth, son and
heir of the late Martin Kannyth, burgess of Inverness ; Greeting eternal in
the Lord : Know that I, in my severe and pressing necessity, have given, granted,
and by title of sale delivered, and by this my present charter confirmed, and
also for ever alienated from me and my heirs, to my beloved neighbour Maurice
Johnson, bui'gess of said burgh, one particate of my lavid, built upon, lying
in said burgh in Bridge Street, on the south side thereof, which lies between
the land of William Thome, towards the east on the one part, and the com-
mon way nigh to the water of Ness, towards the west, whose front extends to
the King's common highway at the north, and the back to the Castle Hill at the
south, for a certain sum of money, which the foresaid Maurice paid to me by
hand well and faithfully, with which I hold me well contented, paid and satis-
fied ; To be had and held, the foresaid particate of land, with all and sundry
pertinents and buildings thereon erected, or to be erected, by the said Maurice
Johnson, his heirs and assignees, of me, my heirs, and assignees, in feu and
heritage, and in free burgage with all commodities, liberties, and easements,
and their just pertinents whatsoever, as well not named as named, belonging
to said particate of land, with the pertinents, or which justly in future can in
any way belong, as freely, cj[uietly, wholly, honourably, well and in peace,
and without contradiction or revocation to be made by me, my heirs and assig-
nees, and others in our name in times to come : Giving therefor annually, the
foresaid Maurice, bis heirs and assignees, to the chaplain of St Mary the
Virgin of the Great Altar in the Parish Church of Inverness, who for the time
may be, two shillings of the usual money of the kingdom of Scotland, to be
paid at the two annual terms appointed within said burgh, and to our supreme
lord the King five pence only, in lieu of every other secular service, exaction,
or demand which for siiid particate of land can in anywise be exacted or re-
quired : And I, the said Alexander Kannyth, my heirs and assignees, shall
warrant, acquit, and for ever defend foresaid particate of land with all and sundry
pertinents thereon built, or to be built, to the foresaid Maurice Johnsonj his
168 INVERNESSIANA.
heirs and assignees, in and by all means as is foresaid against all mortals : In
testimony of which thing, since I had no seal of my own present, I have with
great instance procured the seal of the honovirable man Alexander Andrew,
burgess of said burgh, and caused it to be appended to this my present charter,
along with the seal of William Thome, one of the bailies of said burgh, who
on my resignation gave with effect sasine and hereditary possession of foresaid
particate of land, with the pertinents as aforesaid to the said Maurice by delivery
of earth and stone, and door-staple. At said burgh, the 5th day of the month
of June, A.D. 1497. Witnesses — Alex. Eeid, James Donald, Gilbert Waus, and
John Christie, a skinner's assistant, with divers others, called and specially
required.
The following interesting document is also from the
Inshes collection : —
In the name of God, Amen, by this present public instrument, be it evidently
patent and made known to all that in the year of the Incarnation of the Lord
1498, on the 7th day of the month of November, in the second indiction and in
the 7th year of the pontificate of the most holy father in Christ and our Lord,
Lord Alexander Sixth, by Divine Providence, Pojie, in presence of me notary
public and the underwritten witnesses, the prudent man Walter Hay, personally
constituted procurator for the within written purpose, of the honourable man
Alexander Hay of Mayn, by his command as to me notary was sufficiently evident,
came to the lands of Culcabock and Knockintinnel, lying within the Sheriffdom
of Inverness, and set forth in name of the said Alexander of Mayn, that it had
very lately reached the ears of the said Alexander, that the discreet man Lord
William Paterson, unjustly received and obtained to the loss and prejudice of said
Alexander, a certain pretended sasine of said lands pertaining as he asserted
hereditarily to him the said Alexander, by what title, as the said procurator .
asserted, he knew not : Wherefore because of the premises, the foresaid procu.
rator desiring that the mandate committed to him in this part be given effect to
by due execution upon the soil of said lands, by all the proper modes by which it
ought, and that the said alleged and pretended sasine received by the said Lord
William as premised, be made void and of no effect ; by the placing of earth and
stone in a dish, he deseised, ejected, and as the manner is divested the said Lord
William of the said lands of Culcabock and Knockintinnel, with the pertinents,
by the breaking and destruction of the said dish : Protesting that the said pre-
tended sasine so received should not in future prejudice the said Alexander
and his heirs : On all and sundry which, the said Walter Hay, in name as
above, demanded of me, notary public underwritten, one or more public in-
struments to be made for him : These things were done as above on the soil of
said lands, at nine o'clock in the forenoon or thereabouts, in the year, month, day,
indiction, and pontificate as above : Present there — Thomas Fold, William
Kannach, Nichol Thomson, John Tailzour, and William, with divers other
witnesses to the premises, entreated and speciaily required. And I, Thomas
Guthrie, M.A., priest of the diocese of Brechin, notary public by holy apostolic
and royal authority, forasmuch as I, along with the forenamed witnesses, was
present at the premises all and sundry, while thus, as is premised, they were acted
said and done, and saw, knew and heard, and took note, that they all and sun-
dry were thus done, I, therefore, have made thereupon this present public in-
strument written with my own hand, and have signed it with my usual and
accustomed sign and name, being called on and requested so to do for faith and
testimony of the premises.
INVERNESSIANA. 169
LXI.
JAMES IV. 1488 1513. PART FOURTH.
In 1499 King James granted at Inverness to Mackay of
Stratlinaver a charter of which the following is the sub-
stance ; —
James, &c. , Know that we, for the good, faithful, and gi-atuitous service done
to us by our beloved servant, Odo alias Y. Mackay of Strathnaver, both in the
time of peace and war, by services done and to be done, have given, granted, and
by this present charter confirmed to the said Odo Mackay and his heirs, all and
sundry the lands under-written, viz., the lands of Armidill, Strathie, Rynivee,
Kynald, Gollesby, Dybrid, Cattak, Bronych, Kilchallumkill in Strabroray,
Davoch-Lochnaver, Davoch-Ereboll, and two tenths of the land of Stromay, with
the mill of Rynald with the pertinents, lying in Caithness and Sutherland, within
our shire of Inverness, which lands and mill, with their pertinents belonged
formerly by inheritance to Alexander Sutherland, and now pertain to us, having
lawfully fallen into our hands, by reason of the forfeiture and execution of the
said Alexander Sutherland, convicted of treason. Given, &c., at Inverness, on
the 4th day of November, A.D. 1499, and 12th of our reign.
In the same year on the 20th of October, Andrew,
Bishop of Moray, presented Sir John Matheson to the Chap-
laincy of St John the Baptist, within the Parish Church of
Inverness, on the nomination of Hugh Fraser, Lord of Lovat.
Mr Anderson, in his history of the Erasers, states — " From
the frequent presentations to this altarage by the family of
Lovat, it is not unlikely that the patronage to the Parish
Church, still alternately enjoyed with the Crown, had its
origin."
The carrying through of the service of the heiresses of the
Thane of Cawdor is partly shown by the instrument after
given. Though it is a lengthy document it is interesting as
showing the formalities prior to holding the Court of
Inquisition : —
In the name of God, Amen. By this present public instrument, let it be
clearly known to all, that in the year of the incarnation of the Lord 1499, on
the 27th day of the month of January, the third indiction, in the year of the
Pontificate of the most Holy Father in Christ and our Lord, Lord Alexander,
by the will of the divine clemency, Pope Sixth, and in the 12th year of the
reign of the most powerful and illustrious lord, ovir lord King of Scots, James
4th, in presence of me notary public and of the under-written witnesses, the
honourable man John Stirlyng of Cragbarnard, personally constituted, compeared
in the Court-house of Inverness, and there presented and entreated me notary
public underwritten to read a commission of our supreme lord the king, under
the testimony of the great seal in white wax, appointing said John as sheriff
in this part of Banjff, Elgin, Forres, Nairn, and Inverness, to execute a breve
of inquest of the chapel of our lord king, obtained or to be obtained by Muriel
Caldor and Janet Caldor, daughters and heiresses of the late John Caldor of
that ilk, as to the lands and annual rents lying within said shei'iffdoms be-
longing to them by his decease : Also giving and granting to said sheriff in
this part full power and special command to appoint, begin, affirm, and hold a
court or courts of said sheriffdoms for the execution of said breves, and to
receive, open, proclaim, and cause them to be duly served, and to secure good
and faithful countrymen for their service, and cause these to be sworn, and
X
170 INVERNESSIANA.
by means of these good and faithful men to determine and cause to be deliberated
upon the points and articles contained in said breves, and to retour their de-
liberation, as the custom is, to the king's chapel, and also to substitute, ordain,
and depute necessary officers and servants for the premises, and cause them to
be sworn, the tenor of which commision follows, and is this : — James, by the
grace of God, King of Scots, to all his good men to whom the present letters
shall come ; Greeting : Know that we have made, constituted, and ordnined,
and by the tenor these presents make, constitute, and ordain our beloved
familiar servitors, Patrick Creichton of Cransthoun Kiddale, knight ; John
Stirlyng of Cragbarnard, "Walter Lesly and David Forsyth, and any of them,
jointly and severally, our Sheriffs of Banff, Elgin, Forres, Nairn, and Inver-
ness, in this part and as far as relates to tbe within written, viz., to execute
breves of inquest of our chapel obtained or to be obtained by Muriel Caldor and
Janet Caldor, daughters and heiresses of the late John Caldor of that Ilk, as to
the lands and annual rents lying within our said sheriffdoms, belonging to them
through his decease, giving and granting to our said sheriffs in this part
and any of them, jointly and severally, our full power and special command to
appoint, begin, affirm, and hold a court or courts of our said sheriffdoms for the
execution of said breves, to receive, open, and proclaim said breves, and cause
the same to be duly served, and to secure good and faithful men of the coun-
try for the service thereof, and to cause them be sworn, and by their means to
deliberate and determine as to the points and articles contained in said
breves, and to retour their deliberation thereof to our chapel, as the custom is :
Also, to substitute, ordain, depute, and cause be sworn, officers and servants fit
for the premises, and to do, carry on, and exercise all and s.undry that, to the office
of sheriff in that part, shall be necessary and fit for the premises, or regard-
ing them : And we hold, and shall hold ratified and approved, all and whatso-
ever said sheriffs in that part, or any of them jointly and severally, or their officers
or servants, shall do or cause to be done upon the premises : "Wherefore, we
strictly command and charge all and sundry whom it concerns or can concern that
they promptly answer, obey, and attend to our said sheriffs in that i)art, and any
of them jointly and severally, and their officers and servants, in all and sundry
touching the premises, under the pain which shall be competent in that part :
Given, under testimony of our great seal, at St Andrews, the last day of the
month of December, in the 12th year of cur reign. After the reading of which
commission, the said sheriff in that part substituted, ordained, deputed, and
caused to be sworn for the service of said breves, officers and servants for that
time, viz. — Lord John Dyngwall, notary-public, and Gilbert Waus, clerks, jointly
and severally; UnfraBontin, suitor: John Stirlyng, legislator ; and "William Stir-
lyng, client, with which officers said sheriff in that part, for the service of said
breves, in name of our sux^reme lord the king, and in his own name as sheriff in
that i^art, without delay or waste of time, appointed, began, affirmed, and
held the court of the sheriff of Inverness before said sheriff in that part, in the
Court-house of Inverness, on the day, month, year, pontificate, reign, and
indiction above-said, at ten o'clock or thereabouts, and there compeared the
honourable man, Dugal Macmulcallon, as attorney of Muiiel Caldor, one of
the daughters and heiresses of the late John Caldor of that Ilk, in all matters
and discourses, i)leas and complaints, moved or to be moved, touching said Muriel,
or able to affect her, onwhatsoever days and places, ?gainstandbefore whomsoever:
And said Dugal, in character of attorney, and on the part of said Muriel Caldor,
sought of me notary-public underwritten one or more jjublic instruments regard-
ing all and sundry the things done and produced, and to be done and produced
by said sheriff" in that part as to the service of said commission. These
things were done in the place, &c., foresaid, before the suscribed witnesses :
Moreover, further, said sheriff in that part substituted, ordained, deputed,
and caused to be sworn, for the service of said breves of inquest obtained by
Muriel Caldor from the king's chapel, other unsuspected officers and 'servants, viz.
—Gilbert "Waus, clerk ; Donald Jenor, legislator ; John Skynner and Patrick
Millar, suitors ; William Dalcous, Henry Symonson, and Alexander Gaufrid,
clients ; with which officers and servants said sheriff in that part with said
breve or breves, obtained by Bluriel Caldor, came to the market cross of the
burgh of Inverness, and there opened said breve or breves, and constituted "William
Dalcous, one of said clients, and ordained said breves or breve, with all articles
and points therein contained to be determined in the Court-house of Inverness,
before said Sheriff in that part, on Tuesday the 11th day of the month of February
next, and immediately following in the hour of cause ; and in said proclamation
commanded and charged all and sundry, if there be any, who can offer impetli-
ment against the points and articles contained in said breve or breves to compear
i
INVERNESSIANA. 171
said day and place, to offer impediment as the custom is. Moreover, in said
proclamation, said Sheriff in that part commanded and provided all the good and
faithful inhabiting, or living in, foresaid Sheriffdoms of Banff, Elgin, Forres, Nairn,
and Inverness to compear said day, place, and hour, to determine, and deliberate
upon, the points and articles contained in said breve or breves, and that accord-
ing to the tenor of the said commission, and also of the breve obtained by
Muriel Caldor. The tenor of which breve begins, and is this — James, by the
Grace of God, King of Scots, &c. , and ends thus — And to this breve I am a wit-
ness, at St Andrews, the last day of the month of December, in the 12th year
of our reign : On said proclamation, and all and sundry the therein contained
articles and points, according to the tenor of said breve, the foresaid Dugal
Attorney of Muriel Caldor in her name and behalf sought of me notary public
under written, one or more public instruments : These things were done at the
Mai-ket Cross of said burgh of Inverness, and Court-house thereof, twix.t the
hours of 10 and 11 forenoon, or thereabouts, in the year, day, month, indic-
tion, pontificate, and reign foresaid. Present these the honourable men— John
Ogilvy, constable of the castle of our supreme lord the King; John Grant, Donald
Marchell, and William Thomsoun, bailies of said burgh of Inverness; John Athlyk,
John Michaelsoun, and James Donaldsoun, burgesses of said burgh, witnesses,
with divers others to the premises specially called and required.
LXIL
JAMES IV. 1488-1513. PART FIFTH
The sitting as judge of John Stirling was questioned by the
heirs male of the Laird of Cawdor, and they took instru-
ments in the hands of a notary-public within the Court-
room of the burgh of Inverness, on the 11th of February
1499, and the notary thereupon expede the following instru-
ment : —
In the Court of the Sheriff of Inverness, held, begun, and affirmed by the noble-
man, John Sterlyng, Sheriff in that part, by virtue of the commission of our
supreme lord the king, specially deputed to this end, in the Court-room of the
Burgh of Inverness, and in presence of me notaiy public, and of the witnesses
under-written, there was personally constituted the circumspect man, Master
John Caldor, precentor of the Cathedral Church of Koss, prolocutor of the hon-
ourable man, William, Thane of Caldor, and of Andrew Caldor, his son and heir
apparent, as he asserted ; After reading of a certain breve of the chapel of our
lord the king, obtained by the noble and potent lord, Archibald, Earl of Argyle,
and tutor dative of Muriel Caldor, daughter and heiress reputed (asser^e) of the
late John Caldor, of the lands of the Lordship of Caldor, the said prolocutor
alleged that the foresaid John Stirlyng, Sheriff in that part, was a suspected judge.
for and because of this, that he was the servant and friend to the said Archibald,
Earl of Argyle, and to his deceased father, and that said Sheriff in that part was
in the power of said Earl, in so far as he was andis Senescal to our supreme lord the
king, and said Earl is master of the chamber to our foresaid lord the king ; And
that said Sheriff in that part, could not judicially engage in the serving of breves
of our supreme lord the king, except in defect of the Sheriff Principal of said
•sheriffdom, as, he asserted, is plainly cautioned and held in law in the third
book of the Regiam Magistatem, where it thus says— The judge delegate cannot
interpone his offices, unless the judge ordinary had first been refused, and
also when he who succeeds in law is thought to have a just cause by reason
of the ignorance of the other, but it is not so in this case, in which a commission
has been granted not because of a just cause it is null ; Wlierefore, it is clearly
proved there was no cause of ignorance nor of suspicion in the principal Sheriff,
and at first, why the cause was not devolved upon him, and said prolocutor
sought that these exceptions be admitted and sustained throughout the court,
172 INVERNESSIANA.
and said Sheriff commanded parties to be removed, and in said court by his asses-
sors sought the declaration of said exceptions, and again commanded parties to
enter, and found those exceptions invalid, and so declared to the party ;
and the said prolocutor adhering to his first protestation, for remedy of
law, for these rational exceptions, proposed by him, and not admitted,
has protested, as far as he could, in not affirming the court (against the ruling
of the court) ; On all and sundry which the said Master John, in his character of
procurator as above, asked to be made for him by me notary public underwritten
public instruments one or more. These things were done in the foresaid Court-
house at eleven o'clock forenoon or thereabout, in the year, day, month, indic-
tion, and pontificate as above. Present there — the reverend father in Christ,
Andrew, Bishop of Moray ; John Cumyn of Ernside ; William Munro of Foulis ;
John Ogilvy, Sheriff -Depute of Inverness ; John Kennedy ; David Dunbar of
Durris ; "William Dolas of Cantray : Gilbert Waus, clerk ; and Lord John Ding-
wall, notary public, with divers others, witnesses to the premises, likewise called
and asked.
The Baron of Kilravock also took instruments in a notary's
hands, who wrote the following deed : —
The honourable man, John Ogilvy, Sheriff of Inverness, in that part spe-
cially deputed, gave to me notary public underwritten, to be read, a charter,
written on parchment, and sealed with the great seal of our supreme Lord the
King, and which seal, as was apparent, was torn at the bottom, of a sixth
part ; of the conjunct infeftment as in said charter, is more fully and effica-
ciously contained, belonging to the late John Caldor, son and heir of the
late apparent William Thane of Caldor, and also of Elizabeth, relict of the said
late John Caldor, and to the longest liver of them, and also to their heirs, law-
fully procreated betwixt them of the lands of the half of Rait, and of the lands
of the two Banchors, with all their pertinents, which charter from end to end
I read, beginning thus : — James, by the Grace of God, King of Scots, to all men of
his whole realm, cleric and laic, greeting, &c. ; and ends thus : — At Inverness,
the 3d day of the month of February, in the year of the Lord 1497, and of
our reign the 10th. After the reading of which charter, the foresaid Sheriff ••
Depute gave, and delivered, by his own hands, said charter, to Hugh Rose, baron
of Kilravock, as procurator and factor of the foresaid Elizabeth Rose, relict of
said late John Caldor, and the said Hugh Rose received said charter as factor
and procurator of the foresaid Elizabeth Rose, and asked to be delivered
him by the said depute foresaid, letters of sasine, together with instruments,
documents, and evidents, made thereupon. Then the said depute asserted
that he had not got any, with the exception of that charter, and if he had or
could obtain any he would deliver and give them, as he gave and delivered the
charter. The said Hugh Rose protested that the want of said letters and in-
struments, and specially of an obligation made and contracted betwixt the
said Hugh Rose, on the one part, and the aforesaid William Thane of Caldor
on the other, should not hereafter be to his prejudice or that of the aforesaid
Elizabeth, considering that he, the said Hugh Rose of Kilravock, desired and
sought said obligation and letters, evidents, documents, and instruments, be-
longing to the said Elizabeth Rose, according to the command, form, and
effect of the letters of our supreme lord the King. Upon which all and sundry
the said Hugh Rose asked to be made for him by me notary public under written
one or more public instruments. These things were done in the street of the
Parish Church of Inverness, at the hour of twelve noon or thereabouts, year,
month, day, indiction, and pontificate as above. Present there — the circumspect
men John Macgillelane, perpetual chaplain of the Parish Church of Inver-
ness ; Thomas Gordoun in Strade ; William Sutherland and Andrew Curroixr,
witnesses to the premises called and si^ecially required.
At Inverness, upon the 26th October 1499, the King
issues new letters to Alexander Lord Gordon, and others, his
Sheriffs in that part, to levy and distrain the goods of
Donald Corbett, and many others, who spuilzied the lands
in Ardmeanoch and Kedcastle, while Kilravock was Captain
thereof, in consequence of the former letters directed to
Hugh Ross of Balnagown not having been implemented.
INVERNESSIANA. 1 73
Tlie purport of the letters will be found in the following
extract : —
James, by the grace of God, King of Scots, to our well beloved cousin,
Alexander Lord Gordoun, Thomas Fraser, Master of Lovat, James Gor-
doun, Walter Ross, "William Dolace, Adam Gordoun, Duncan Roberdsoun,
Gilpatrik Cor, Finlay Maknele, John Byssate, messengers; Doule Malcomer-
soun, John Dunny, Alexander Blak, John Urquhart, John the Ros, Doule
Clerk, John Chene, and John the Grant of Fruchquhy, Sheriffs in that
part, conjunctly and severally, specially constituted. Greeting : For as
much as our other letters were directed of before by decreet of the Lords
of our Council to David Ros of Balnagown, our Sheriff of Ros, to have dis-
trained Donald Corbett, Hugh Monro, and William Monro, brothers to
the late John Monro of Fowlis, their lands and goods, to the avail of certain
cows, oxen, horses, sheep, goats, and other goods, obtained on them by decreet
of the Lords of our Council, by Muldonych, Mowldne, factors (fuktoiris),
son and heir, Reoch Finlay's daughter, Robert Makmerres, Ewen John
Makvans, son and heir, Bauchane M'Fleger, Alexander Makalister, Gillereoch
Makolcallum, Ewen his son, Mulmory M'Glasseu, heir to the late Duncan Mak-
alane and Gillereoch his son, Ewen Makkenye, son and heir to the late Kenyeoch
IMaksorle, John Maknele, Gillecrist Makintournour Makgillegoye, John Dow
Makkintyre, INIolcallum Candyth, Gillecrist Makwilliam, Molcallum More,
Duncan Makkintyre, and Donald Makwilliam ; and to have made the said
persons and our loved Hugh Ros of Kilravock, their procurator and assignee, to
have been paid of the said goods ; and as our other letters were directed to our
said Sheriff, by decreet of the said lords, to have distrained William Forbes
in Strathglass, Welland Chisholm of Comar, Murquho Makconle, Duncan
Lauchlanson, John Duff Makalister, John John Duffson, Alexander Makduffson,
John Roy Makanvoy, Dougale Makaneduff, Rory Mule Makconle, Alexander
Finlaysoun, Auchaneroy Kenyeoch, Duncan Maklauchlane in the Brae of Ros,
Rury W^illiamson in Moy, Donald Makanedoy, Kenyeoch M'Conleif, Donald
M'Conleif, John Dow Makalister, and Rury Gar Makteir Makmurquhy, their
lands and goods, to the avail of certain oxen, cows, horses, sheep, goats, capons,
hens, geese, victual, swine, sums of money, and other goods taken by them from
the said Hugh, out of the lands of Ardraanach and the Redcastle, the time
that he was captain thereof, and to have made him be paid of the same, likeas
the said decreet and our other letters foresaid directed thereupon proports, which
letters our said Sheriff disobeyed, and put them not to execution, and therefore
was charged by our other letters, directed by deliverance of the said lords, in
the first, second, and third forms, to have put our said first letters to execu-
tion, and to have made the party be paid under divers pains, and last under the
pain of taking of his own goods therefor, according to the Act of our Parliament.
Nevertheless, as yet our said Sheriff has not done this, but withheld our said
letters unexecuted. . . . Given under our signet at Inverness, the 26th day
of October, and our reign the 12th year.
Ex. deliberations dominorum Concilli, &c.,
Chepman.
LXIIT.
JAMES IV; 1488-1513. PART SIXTH.
The burgh of Inverness from 1499 to 1501 in particular,
maintained vigorous legal proceedings against Dingwall,
Tain, and other northern burghs for infi'inging its privil-
leges. The following is endorsed : — *' The; king's letters
directed to summon the inhabitants of Dingwall, Tain, Dor-
noch, Wick, at the instance of the Provost, Bailies, and com-
1 74 INVERNESSIANA.
munity of Inverness, for the usurping and using of the
privileges of the burgh of Inverness," and is dated at Inver-
ness the 22d day of October 1499. The Sherih^s execution
is attached, and it will be observed that one of the witnesses
is designated '' officer to our Lord, Duke of Ross." This
title was one of those conferred on the second son of James
III., who afterwards became an ecclesiastic : —
James, by the grace of Grod, king of Scots, to our lovite, John Scrimgeour,
Alexander Fokkert, Masters Finlay M'Nele, messenger, John Williamson, Thomas
Alexanderson, and John , our sheriffs in that part, conjunctly and seve-
rally, personally constituted ; Greeting : Forasmuch as it is humbly meaned
and complained to us by our lovites, the alderman, bailies, council, and community
of our burgh of Inverness, that whereas they are infeft by our most noble j)ro-
genitors with all privileges, freedoms, and customs as others our burghs ; never-
theless, the indwellers and inhabitants of the town of Dingwall daily occupy and
use the said freedoms and privileges in the said burgh, both in buying and selling,
and of late have chosen alderman, bailies, and other officers of burgh, alleging
them to have new iufeftment of us to brook and enjoy the said privileges, and
to be as free as oar said burgh of Inverness : And in likewise, the indwellers of
Tain, Dornoch, and Wick, occupy and use the said freedoms, both in buying,
selling, cutting, and taj)ping of all merchandise, as well with strangers as with
countrymen, our lieges, and so stop all merchandise from our said burgh
in great fraud and menacing of our customs of the same, aud also to the
utter destruction and downputting of the said freedoms and piivileges,
and contrary to justice, if it so be ; And our will is herefor, and we charge
you strictly and command, that ye lawfully summon, warn, and charge all
and sundry the said inhabitants and indwellers of the said towns of Dingwall,
Tain, Dornoch, and Wick, to compear before us and our council, at Inverness, or
where it shall happen us to be for the time, the 22d day of January next to come,
if it be lawful, and failing thereof, the next lawful day thereafter following,
in the hour of cause, with continuatioa of days, to answer to us, and at the
instance of the said alderman, bailies, and community, anent the premises, and
to bring with them against the said day, their iufeftments, rights, and privi-
leges, if they any have, to be considered and seen by us and our council, why
and by what title of right they occupy and use the said privileges and free-
doms, and upon the costs, skaiths, damage, and expense sustained by us and
the said Alderman, bailies, and community therethrough ; and to answer in it, as
we shall make be said to them in the said matter at their coming, and at the in-
stance of parties in so far as law will, making intimation to the said persons in-
habiting the said towns, that whether they compear or not, the said day and
place with continuation of days, we will proceed and minister justice in the said
matter in so far as we may of law ; the which to do we commit to you, con-
junctly and severally, our full power by these our letters, delivering them, by
you duly executed and endorsed, again to the bearer. Given under our signet,
at Inverness, the 26th day of October, and of our reign the twelfth year.
Ex deliberatione dominorum concilii, (he.
DOUGLACE.
Follows the execution of the Sheriff : —
The 18th day of the month of December, the year of God 1499 years, I, John
Williamson, Sheriff of that part, passed at the command of these our sovereign
lord's letters, to the town of Dingwall, andFowlis, and there I summoned, warned,
and charged Donald Kemp, at his house, William Kemp, John of Peryth, Donald
Dingwall, David Symson, Ranald Chapman, James Brabener, Andrew Keloch,
and Alex. Brabener, with others, the inhabitants of Dingwall, personally ap]n"«-
hended, and William Munro of Fowlis, alleged Alderman of Dingwall, personally
apprehended, that all the said persons to compear before our sovereign lord and
his lords of Council at Inverness, the 22d day of the month of January next to
come, or where it shall happen them to be for the time, if it be lawful, and
failing thereof, the next lawful day, in the hour of cause, with continuation
of days, to answer, at the instance of our sovereign lord, and tht instance of the
alderman, bailies, and community of the burgh of Inverness, in all and sundry
points aud articles coutaiuod iu these our sovereigu lord's letters, and after the
INVERNESSIANA. 175
tenour of the same ; and in likewise the 10th day of said month, in the said
year, I, the said John Williamson, Sheriff in that part, passed to the town of
Tain, and there I summoned warned, and charged David Dean, James Tul-
locli, Donald Macculloch, John Davidson, Huchon Alexanderson, George
]\Iunro, Donald I'atrickson, Lanrenceson, Magnus Faed, Donald Brahener,
Stevyn Fudes, Andrew Forres, Ciisty Chapman, Alex. Smyth, and Gillaspy,
with others, the inhabitants of Tain, personally apprehended, that they com-
pear before onr sovereign lord and his lords of Council at Inverness, the 22d
day of January next to come, or where it shall happen them to be for the
time, if it be lawful, and failing thereof, the next lawful day in the hour of
cause, "v\4th continuation of days, to answer, at the instance of our sovereign
lord and the alilerman, bailies, and community of the burgh of Inverness, in
all and sundry points contained in those our sovereign lord's letters, and after the
tenour of the same : And this I did before these witnesses — Alex. Bayne, officer
to our Lord Duke of lloss, John Hostiller, Thomas Alexanderson, Huchon Koss,
and Thomas Chapman, with others divers ; and to the more witnessing I have
set hereto my signet.
The following is endorsed, " Decreet and Protestation
contrarTain, 16tli March 1500 " :—
At Edinburgh, the IGth day of March the year of God 1500 years, the Lords
of Council underwritten, that is to say, the Reverend Father in God, William
Bishop of Aberdeen, noble and mighty Lords, George Earl of Huntly, &c.. Chan-
cellor of Scotland, Matthew Earl of Lennox, &:c., Andrew Lord Gray, Alexander
Lord Gordon, William Lord of St Johnstone, Patrick Lord Lindsay of the Byres,
the venerable fathers in God, George, Abbot of Holyrood House, beside Edin-
burgh, Henry, Abbot of Cambuskenneth, Master Richard Muirhead, Dean
of Glasgow, Secretary to our Sovereign Lord, Master AValter Drummond,
Dean of Dunblane, Cleik of the Register, Sir Robert Wallace, Archdean of St
Andrews, Master Gavin of Dunbar, Dean of Moray, John Ogilvy of Fingask,
William Scott of Balwearie, knights ; Walter Ogilvy of Boyne, and Master
Richard Lawson ; In the action and cause pursued by the alderman, bailies,
council, and community of the burgh of Inverness, against Alexander Dean,
James Tulloch, Donald M'Culloch, John Davidson, Huchone Alexanderson,
George of Munro, Donald Patrickson, Lawrenceson, Mag-nus Faed, Stevin
Fudes, Donald Brabener, Andrew Forres, Criste Chepman, Alexander Smyth,
one called Gillasj)y, dwelling in Tain, upon the usurping and using of the
freedoms and privileges of the said burgh, in the buying of skins, hides, salmon,
ii'on, and other merchandise, that should come to the market of Inverness, and
sell the same to strangers, or have them furth of the realm uncustomed, to
the defrauding of our sovereign Lord's customs, not paying to the King's high-
ness burgh mails, taxes, extents, or other charges, like as is at more length
contained in the summons thereupon by the said alderman, bailies, council,
and community of the burgh of Inverness, compearing by John of Auchinlek,
alderman of the said burgh, and Gilbert of Vaus, their procurators ; and
the said persons above-written being warned hereto after the tenor of an act,
of before oft times called and not comjjeared : The saids alderman, bailies,
council, and community of the said burgh of Inverness, (theii-) rights, reasons,
allegations, (being) heard, seen, and understood, and therewith being ripely ad-
vised, the Lords of Council decree and deliver that for aught they have yet seen,
the persons above-wiitten indwellers in the town of Tain, shall desist and
cease of their using and exercising of the freedoms and privileges of the said
burgh of Inverness, in the buying of skins, hides, salmon, iron, and other
merchandise ; to be brooked and enjoyed by the saids aldermen, bailies, coun-
cil, and community of the burgh ot Inverness, in time to come, aye anduntilthat
the said persons of the town of Tain show their freedoms and privileges in thecon-
trar thereof, and until that they be lawfully called and ordained to pass therefrom
after the form and tenor of our sovereign lord's most noble progenitor King William's
charter, under his great seal made to them of their freedoms and privileges of
the said burgh of Inverness, shown and produced before the said lords, and
assign to the said alderman, bailies, council, and community, the 11th day
of June next to come, with continuation of days to prove suiEciently that the
persons above written indwellers in Tain, used and exercised the freedoms
and privileges of the said burgh, in the buying of skins, hides, ii'on, and other
merchandise, and the costs and expenses sustained by them therethrough,
and the avail and quantity thereof, and for what space, and ordain them to have
letters to call their witnesses, and such probations as they wiU use against the
176 INVERNESSIANA.
said day, and continue that part of the summons in the meantime in the force and
effect as it is now, but prejudice of parties, and that the said persons above writ-
ten be warned of this continuation to which let witnesses be sworn : Extractum
de libero actorum per me Magistrum Walterum Drummond Decanum Dunhle-
ncnsem CleHcum Rotulorum et Begistrumac consilii supremi Domini nostri Regis,
sub meis signa, et subscriptione manualibus.
"Waltekus Dkumundb.
In this process it will be observed the burgb produced and
founded on William the Lion's Charter under the Great
Seal.
The Chaplainship of the Holy Cross in the Parish Church
of Inverness having become vacant through the resignation
of Master James Ogilvy, last chaplain and possessor thereof,
by means of his procurator, John Dingwall ; the town of
Inverness presents to Andrew Bishop of Moray for said
office, Andrew Duff; whereupon at Edinburgh on the 19th
day of August 1501, the Bishop confers the said chaplain-
ship on the said Andrew, and orders the Dean of the Chris-
tianity of Inverness to invest and induct him in the usual
way by defending him therein, restraining contradictors and
others, and investing him with the temporalities pertaining
to the office.
LXIV.
JAMES IV. 1488-1513. PART SEVENTH.
Not satisfied with the decree last obtained, the burgh of
Inverness caused procure the following writ, which is en-
dorsed, " Summons directed to the Sheriff of Inverness to
summon certain witnesses to prove that the merchants of Tain
used the privileges and freedom of the burgh of Inverness,
with a continuation to a day, in hope of concord." From
this it appears that the council had become weary of the
contentions. The name of John Cuthbert of the Auld
Castlehill is found as Sheriff. The date of the summons is
the 16 th March; of the execution 13th May; of the proro-
gation of the Council, 16th Jaly — all in the year 1501 : —
James, by the grace of God, king of Scots, to our Sheriff of Invernes and his
deputes, and to our lovite . . . . , our sheriffs in that part, conjunctly
and severally, specially constituted ; Greeting : Forasmuch as the 11th day of
July next to come, with continuation of days, is by the lords of our council
assigned to our lovite the alderman, bailies, council, and commuuity of our
burgh of Inverness, to i^rove sufficiently that Alexander Dean, James TuUoch,
Donald MaccuUoch, John Davidson, Huchon Alexanderson, George Munro,
Donald Paterson, Laurenceson, Magnus Faed, Steven Fudes, Donald
Brabner, Andrew Forres, Criste Chapman, Alexander Smyth, one called
Gillaspyj indwellers of the town of Tain, used and exercised their freedoms and
INVERNESSIANA. 177
privileges of our said burgh, in the buying of skins, hides, salmon, iron, and
other merchandise, and costs and expenses sustained by the saids alderman,
bailies, council, and community therethrough, and the avail and quantity thereof,
and for what space ; and in the meantime have continued that part of the prin-
cipal summons raised thereupon in the same form, force, and effect as it is
now, without prejudice of parties, to the said 11th day, with continuation of
days, like as is at length contained in the Act and decreet given by the said
lords thereupon : Our will is herefor, and we charge you strictly, and command,
that incontinent, these our letters seen, ye summon, warn, and charge lawfully,
"William Munro of Fowlis, John Clunes, in Cromarty, Huchon Waus, William
Clerk, Thomas Duff, in Kilmuir, and Donald Noble, to compear before us and
our council at Edinburgh, or where it shall happen us to be for the time, the
said 11th day of July next to come, with continuation of days, to bear loyal
and truthful witnessing, so far as they know and shall be asked at them, in
the said matter, after the form of the said principal summons, and Act and de-
creet given thereupon, under all pain and charge that after may follow; and attour,
that ye warn the said persons, indwellers of Tain, above written, to compear
before us and our council the said day and place, with continuation of days,
to hear the said witnesses sworn to depone in the said matter, with intimation
to the saids persons as effeirs : The which to do we commit to you, conjunctly
and severally, our full power by these our letters, delivering them, by
you duly executed and endorsed, again to the bearer. Given under our signet
at Edinburgh, the 16th day of March, and of our reign the thirteenth year.
Per decretum dominorum concili% ffcc.
DOUGLACE.
The 13th day of May, the year of God 1501 years, I, John Cuthbert of the
Auld Castlehill, Sheriff-Depute of Inverness, at the command of these our
sovereign lord's letters, summoned Alexander Dean, James TuUoch, Donald
Macculloch, John Davidson, Huchon Alexanderson, George Munro, Donald
Patrickson, Lawrenceson, Magnus Faed, Stewyn Fudes, Donald Brabner, Andro
Fores, Cryste Chapman, Alex. Smyth, and Gillespy, indwellers in the town of
Tain, personally apprehended, that they compear at Edinbvirgh, before our sove-
reign lord and his lords ot council, the 11th day of the month of July next to
come, to answer, with continuation, to all and sundry j)oints and articles con-
tained in these our sovereign lord's letters ; and this I did before these witnesses
— Sir John Reid, public notary ; Duncan Richardson, messenger, and John
Williamson, with others divers : And the 14th day of the said month I sum-
moned William Munro of Fowlis, John Clunes, in Cromarty, Thomas Duff,
William Clerk, in Kilmuir, Huchon Vaus, and Donald Noble, personally appre-
hended, that they compear the said day and place, to bear loyal and true wit-
nessing in it, as shall be required at them in the cause moved betwixt the alder-
man, bailies, council, and community of the burgh of Inverness and the inhabi-
tants of the town of Tain ; and this I did before these witnesses — William
Dalcous, Alex. Blak, and Donald Berdan, with others divers, and to the more
witnessing, I have to this my execution appended my signet.
At Edinburgh, 16th July, A.D. 1501 — The Lords continue this summons, with
the consent of the procurators of the parties, betwixt the towns of Inverness,
Dingwall, and Tain, in hope of concord till 2d day of the next justice aire of
Elgin, in the same form, force, and effect, as it is now but i^rejudice of parties.
BUTLAR.
Meantime, and before the prorogation, in hope of a con-
cord, the burgh of Inverness on the 3d April 1501, procured
the commission after given, which is docquetted " Com-
mission directed to the Sherifi to receive witnesses and to
call both the parties before him ": —
James, by the grace of God, King of Scots, to our Sheriff of Inverness and
his deputies, and to our lovites, Marchmont-herald ; John Scrimgeour, Alex-
ander Fokert, macers ; David Templeman and Kilpatrick Cor, messengers ; our
Slieriffs in that part, conjunctly and severally, specially constituted ; Greeting :
Forasmuch as it is humbly meaned and shown to us by the alderman, bailies,
and community of our burgh of Inverness, that whereas they have divers sum-
monses upon the towns of Dingwall and Tain, and sjiecially at this our last
session holden at Edinburgh, for the usurping of their freedom and wrongous
occupation of the same : And it is ordained by the lords of our Council that they
Y
178 INVERNESSIANA.
have proofs to prove their possession thereof, like as is contained in an Act and
decreet given by the said lords thereupon as is alleged : Our will is herefor, and
we charge you strictly, and command that ye call both the parties before you
to a c-ertain day, and that ye summon, warn, and charge the persons, witnesses,
underwritten, that is to say, James Dunbar of Cumnock, knight ; William,
Thane of Cawdor ; Alexander Urquhart ; Andrew Davidson of Davidston
. . . to compear before you, the said day and place to be assigned to them,
to bear loyal witnessing in so far as they know, or shall be asked of them, anent
the usiiig of the possession and freedom of our said burgh of Inverness, and in
so far as law will ; And that ye warn the parties to hear the said witnesses
sworn to depone in the said matter, and that ye receive their depositions and send
t'ne same, close under your seals, to the lords of our Council against the day
of the continuation of the said summons betwixt the said i)arties, and there-
after that justice may be ministered as effeirs i The which to do we commit
to you, conjunctly and severally, our full jiower by these our letters : Deliver-
ing them by you, duly executed and endorsed, again to the bearer : Given under
our signet at Edinburgh, the 3d day of Ai>ril, and of our leigu the 13th year.
Ex deliberatione dominorum concilii, &€.
A. Pattillo.
The 13th day of May, the year of God 1501, I, John Ctsthbert of the Auld
Castle Hill, and Sheriff -Depute of Inverness, passed with these our sovereign
lord's letters, and at the command and charge of them, I summoned, warned,
and charged, Andrew Davidson of Davidston, John Clune&, Thomas Reid, ia
Cromarty, Hossoler in Rosemarkie, Donald Noble in Allan, James Clark
in Killearnan, Thomas Duff and William Clark in Kilmuir, Donald Young in
Drynie, i^ersonally apprehended, and Alexander Urquhart, Sheriff of Cromarty,
at his dwelling place, that they compear in tbe Tolbooth of Inverness, upon Fri-
day, the 28th day of this instant May, before the Sheriff or his Depuf;es, to
swear and depone what privileges that they have heard and seen, the burgh
and burgesses of Inverness brook and enjoy provable, and rightly say what rights
and privileges that they have seen and heard the inhabitants of the towns of
Dingwall and Tain brook and enjoy : And the 24th day of tbe said month I
summoned Sir James Dunbar of Cumnock, knight, William Thane of Cawdor,
William Dallas of Cantray, personally apprehended, and Huchon the Rose of
Kilravock, William Dallas of Budgate, at their dwelling place, to compear the
said day and plac« before the Sheriff of Inverness, or his Deputes, to swear and
depone as said is : And the said 24th day I summoned Alexander Lord
Gordon at his dwelling place in Torinvay, to compear in Edinburgh before our
sovereign lord and his Lords of Council, the 18th day of July next to come, or
where it shall happen them to be for the time, to swear and depone as is
before written, and this I did before these witnesses— John Williamson, Donald
Berdan, and Adam Skynar, with others divers, and to the more witnessing, I
have set to this my execution my signet.
The 12th day of the said month of May, I, the said John Cuthbert, sheriff-
depute of Inverness, passed with these our sovereign lord's letters and summoned,
warned and charged John of Peryth, Donald Dingwall, James Brebener per-
sonally apprehended, and William Munro of Fowlis personally apprehended,
and the remainder of the inhabitants of the town of Dingwall at the market
cross and at their dwelling places, to compear in the Tolbooth of Inverness
before the Sheriff or his Deputes upon Friday, the 28th day of this instant May,
to hear the foresaids persons sworn to dei>one after the tenor of our sovereign lord's
letters : And the said 12th day I summmoned the inhabitants of Tain pei^sonalLy
apprehended, that they compear the said day and place before the Sheriff or his
Deputes, to hear the said persons sworn to depone what costs, skaiths, and ex-
penses the alderman, bailies, council, and comtnunity of the burgh of Inverness
have sustained through them for the usurping and wi'ongous occupation of their
freedom, and the avail and quantity thereof, and by what spaces : And this I did
before these witnesses, Duncan Richardson, messenger ; Sir John Reid, iiublic
notary ; John Williamson, and Donald Berdan, with others divers, and to the
more witnessing, I have set to this my execution my signet.
INVERNESSIANA. 179
LXV.
JAMES IV. 1488-1513. PART EIGHTH.
The barony of Durris, long the heritage of the Dunbars,
afterwards part of the thanage of Cawdor, was an important
one. The summer shealling was Dalmigavie, and the lands
stretched from the burn of Hohn to Inverfarigaig, with the
exception of one small piece of land called " The Dowinche,"
near the mill of Borlum, part of the Castle lands, and pro-
bably the lands of Ballichernoch. The Mackintoshes were
at this time increasing their possessions, and having just
failed with Urquhart and Glenmoriston, had almost ac-
quired Durris.
Shaw, in referring to the following document, being a
reference betwixt the Dunbars and Mackintoshes, dated at
Inverness, 20th June 1499, says :—
From this writing appears something of the nature of bonds of manrent and
service, which at that time and afterwards became frequent. Some of these bonds
were obligations granted by a clan to their chief, som-e were granted by vassals
to their superiors, and some were an obligation to pay a kind of black-mail or
fee, to preserve themselves and their lands from harm. Such was Cumnock's
giving the town of Durris to Ferchard, to preserve his brother's lands and
his own, from the ravage of the Clan Chattan. But I do not find that this
contract was implemented.
From the deed it appears that Mackintosh owed service to
five persons and four families, viz. : — The Archbishop Duke
of Ross (the King's brother), the Earl of Mar, the Bishop
of Moray, the Earl of Huntly, and his son Alexander. The
original contract upon which this reference followed, as well
as the reference are, with other valua})le papers of the old
Sheriffs of Moray, in the possession of their representative
Guthrie of Scotscalder. The whole would form an inter-
esting volume. Follows the " writing" referred to : —
At Inv^ness, June 20th 1499, Sir James Dunbar of Cumnock, knight, and Fer-
chard Mackintosh, captain of the Clan Chattan, have chosen the persons follow-
ing, and Andrew, Bishop of Moray, oversman, to agree them in all isoints con-
tained in a contract made by umquhile Sir Alex. Dunbar of the Westfield, and
Sir James of Cumnock, his son and heir, under their seals, and Ferchard Mackin-
tosh, captain of the Clan Chattan, and Duncan and Ferchard, his sons, under their
seals. The said Sir James has chosen JMr Patrick Dunbar, parson of Kilmuir,
and Sir John Annesly, parson of Kirkmichael, canons of the Cathedral of Ross ;
Alex. Urquhart of Burdsyards, Thomas Muaro, brothergerman to William of
Fowlis ; and the said Ferchard has chosen Mr John Spence, official of Moray,
AVm. Alexanderson and Donald Malcolmson, which i>ersons ordain, that Sir
James, betwixt this and Michaelmas next, shall get a resignation from his brother,
David Dunbar, of the town of Durris with the pertinents into the king's hands,
and take them by charter and sasine, and give them by charter and sasine to the
said Ferchard heritably, for service made and to be made, and all this against
Michaelmas next; for the which the said Ferchard, at the sasine-taking, shall give
to Sir James and his heirs a letter of manrent for him and his heirs, in best form,
180 INVERNESSIANA.
his allegiance to the King, his service to the Archbishop, Duke of Ross, to the
Earl of Mar, to the Bishop of Moray, and the Earl of Huntly, and his son
Alexander excepted : And Sir James' son shall marry Janet, daughter of the
said Ferchard, and failing her, any other daughter of Ferchard ; and Ferchard's
son Duncan, and failing him any other lawful son of his, shall marry the daugh-
ter of Sir James, or the daughter of one of his brothers, of John Dunbar, of
Alexander whom God assoilzie, or of David Dunbar ; and for payment of the
tocher, Ferchard shall give 300 merks, or so many cows as my Lord of Moray
shall ordain. And to take away any controversy that may happen between them,
their kin or friends, they have chosen Mr Gavin Dunbar, dean of Moray, David
Dunbar, and Alexander Urquhart of Burdsyards, on Sir James' part, and Mr John
Spence, Hutcheon Rose, baron of Kilravock, and John Grant of Freuchie on Fer-
chard's part, and the Bishop oversman. Witnesses — Hutcheon Rose, baron
of Kilravock, David Dunbar of Durris, Hutcheon Ross, brother to David Ross M
of Balnagown. m
Upon the 4th of October 1501, the burgesses of Inverness
present John Nairn to the Chaplaincy of St Peter, vacant by
the demission of Thomas Coupland, and upon the 20th of
the same month, George Andrew Ferquhard, son and heir of
Andrew Ferquhard, late burgess of Inverness, presents
Donald son of Walter to the same office, by the deeds after t
quoted : —
To the honourable vicars of the Cathedral Church of Moray, as the See is
vacant, — We the burgesses and community of the burgh of Inverness, send you
the due reverence and honour : By the tenor of these presents we present to the
perpetual Chaplaincy of St Peter the Apostle, in the Parish Church of Inverness,
vacant through the demission of Lord Thomas Coupland, and which belongs to
our presentation and your collation, the discreet, man, Lord John Nam, and we
humbly beg and entreat that you, by your ordinary authority, confer on the said
Lord John, our presentee or his procurator, said Chaplaincy of St Peter, vacant
as aforesaid, and provide him or his procurator in his name therewith, and to
induct and invest him as aforesaid with real, actual, and corporal possession
of the rights and pertinents thereof, and when inducted and invested to defend
him as worthy, and to do the other things which it belongs to you and your
ordinal y office to do : In testimony of which thing we have caused our common
seal to be appended to these presents. At said burgh, the 4th day of the month
of October, in the year of the Lord 1501.
To the venerable and distinguished Master Gavin Dunbar, Dean of the Cathe-
dral Church of Moray, vicar-general, the Episcopal seat thereof being vacant, I,
your humble and devout son, George Andrew Farchardi, son and heir of Andrew
Farchardi, late burgess of Inverness, send the reverence and honour due: To
the Chaplaincy of St Peter, founded in the Parochial Church of Inverness, vacant
de facto by the demission or preferment, and express intimation thereanent of
Lord Thomas Coupland, last chaplain and possessor thereof, and of full right be-
longing to my presentation and your collation during foresaid vacancy, present,
by these by my present letters, the circumspect man, Lord Donald, son of Walter,
with the intention neither of varying or increasing your donation, humbly en-
treating your lordship that you admit the said Lord Donald as my presentee
to said Chaplaincy, and confer the same on him as is proper, and cause him to
be provided with the frviits, rents, and produce of said Chaplaincy, and to do
the other things which by your office it is incumbent to your donation to per-
form. Given under my seal at Inverness, the 20th day of the month of October,
A.D. 1501, before these witnesses — Lords John Makky, John Dingwaell, no-
taries public ; Thomas Walter, and William Cordinar, with divers others.
In November 1501 King James was in Ross-shire, and
on the 12th day of that month a sum of 14s was paid for
the freight of a boat from Inverness to the Chanonry with
the King.
Upon 6th February 1502, William Thane of Cawdor takes
an instrument on the proclamation of the brieve of service
I
INVERNESSIANA. 181
of Muriel Cawdor at Inverness. The witnesses are— John
Ogilvy, alderman and constable of said burgh of Inverness ;
John Athlyk, Gilbert Waus, and John Cuthbert, of the old
castle, burgesses of Inverness, with many others, &c.
The following document regarding the " Herschip of
Petty " is dated at Inverness, on 26th April 1502 : —
Be it known to all men by these present letters, us, Alexander Earl of Huntly,
Lord Gordon and Badenoch, to be bound and obliged, and bj' the faith in our body
and tenor of the present letters, bind and oblige us, our heirs, executors, and
assignees, to these persons underwritten, that is to say, William Alanson Young,
Findlay Eeoch, in Dalcross, Donald Owyr Maktikar, John Makgillendris Mak-
gillecarryth, Findlay David Royeson, John Myill, in Dalcross, Margaret Hay
and her son, Donald Makandro, Doull M'Gilleduf, Angus Makthome, Mylmore
Makquean, Ferquhar Makgillespy, Gillecrist Brouster, Donald Talyour, Patric
Smj'th, Findlay M'Gillepatrik, John Makeyrmyt, Margaret Neynwikgillean,
Andrew Makayn, Donald M'Gillemoyll, Doych Nej'llmechell : Forasmuch as
the foresaid persons have given to us a plain letter of gift, and have made us ces-
sioner and assignee to them, of all and haill the half of the goods with the pro-
fits thereof, spoiled and taken from them out of the lands of Petty and Geddes,
by James Dunbar of Cumnock, knight, David Dunbar, his brother, and their ac-
complices : That, therefore, we the said Earl oblige us faithfully to the foresaids
persons, to follow and pursue to the utter end of law, and to the rigour thereof,
without fraud or guile, the saids James Dunbar, and David his brother, with,
their accomplices, for the spulzie of the haill goods taken or spoiled from them out
of the foresaids lands, and shall give to them the other half of so much goods
as we obtain by the law from the saids Sir James, David, and their accomplices ;
reserving to us, our heirs, and assignees, the one-half of the said goods, and the
profit thereof, as said is ; and attour we bind us faithfully never to treat, agree,
appoint, nor concord with the saids Sir James, David, nor with their accom-
plices in this matter, without consent and advice of the foresaids persons : And
if it shall happen us to treat and agree with the saids Sir James, Dai^id, and
their accomplices, without their consent and advice, as said is, then we oblige
us to refund and pay to the forenamed persons so much goods as the haill
half, and the profit thereof, extend to, lawfully obtained by us from the foresaids
Sir James, David, and their accomplices : And to the observing and keeping of
all these points and conditions above expressed, we bind and oblige us, our heirs,
executors, and assignees, as said is, without fraud or guile : In witnessing hereof
to these our present letters, our seal is affixed, at Inverness the 26th day of April,
the year of God 1502 years, before these witnesses — George Ogilvy of Geddes,
"William Leslie of Balquhayn, Weland Chisholm of Comar, John Paterson, alder-
man of Inverness, and William Lauchlanson of Dunachton, with others divers.
At Inverness of the same date and to the same purport,
the Earl of Huntly binds and obliges himself to his loved
cousin Hugh Rose of Kilravoek, who is cessioner and
assignee to '^ Soyne Makrevan, Donald Makdonald Reoche,
John Air, Cristiane Gilleduff's daughter, Marjory Gilleduff's
daughter, Findlay Makdonald, Cristiane Finlay's daughter,
Gillayne her son, Angus Myller, Duncan Jofrasone, Marein-
nynrosk Muryeach Mair, John Makgowne, John Makherrald
Roy, Gillecrest, Herdmeichak, Katherine Mulmoreis daugh-
ter, and Mare Donald Reochis daughter, of alJ and haill the
goods spoiled and taken from them out of the lands of the
Halhill. the Fisherton, and Hurlehust, within the lordship
of Petty and sheriffdom of Inverness, by James Dunbar of
Cumnock, knight," &c. The witnesses are George Ogilvy
of Geddes, William Leslie of Balquhane, Master John
Calder, chantor of Ross, and William Lachlawson, with
others divers.
182 INVERNESSIANA.
LXVL
JAMES IV. 1488-1513. FART NINTH.
The wise and moderate measures of the King up to 1499,
according to Tytler, " were succeeded by proceedings so
severe as to border on injustice. The charters which had
been granted during the last six years to the vassals of the
Isles, were summarily revoked. Archibald, Earl of Argjde,
was installed in the office of lieutenant, with the ample and
invidious power of leasing out the entire lordship of the
Isles. The ancient proprietors and their vassals were
violently expelled from their hereditary property, whilst
Argyle and other royal favourites appear to have been en-
riched by new grants of their estates and lordships. We are
not to wonder that such harsh proceedings were loudly
reprobated. The inhabitants saw with indignation their
rightful masters exposed to insult and indigence, and at last
broke into open rebellion. Donald Dhu, grandson of John,
lord of the Isles, had been shut up for forty years a solitary
captive in the Castle of Inchconnal. His mother was a
daughter of the first Earl of Argyle ; and although there is
no doubt that both he and his father were illegitimate, the
affection of the Islesmen overlooked the blot in his scutcheon,
and fondly turned to him as the true heir of Ross and
Innisgail. To reinstate him in his rights, and place him
upon the throne of the Isles, was the object of the present
rebellion. A party, led by the Maclans of Glencoe, broke
into his dungeon, liberated him from his captivity, and
carried him in safety to the Castle of Torquil Macleod in the
Lews, whilst measures were concerted throughout the wide
extent of the Isles for the establishment of their independ-
ence, and the destruction of the regal power. Although
James received early intelligence of the meditated insurrec-
tion, and laboured by every method to dissolve the union
amongst its confederated chiefs, it now burst forth with
destructive fury. Badenoch was wasted with all the ferocity
of Highland warfare, Inverness given to the flames ; and so
widely and rapidly did the contagion of independence spread
throughout the Isles, that it demanded the most prompt and
decisive measures to arrest it. But James' power, though
shook, was too deeply rooted to be thus destroyed."
On 15tli March 1503, Parliament ordained inter alia : —
Item. — That there be Justice-Deputes for the Isles and
INVERNESSIANA. 183
Sheriifs, and the ythat are Justices and Sheriffs for the North
Isles to sit in Inverness or Dingwall.
Item. — It is thought expedient that the lands betwixt
Badenoch and Lorn, which are called Durwart and Glen-
towart, come to Perth; Mamore and Lochaber to Inver-
ness, &c.
Item. — It is statute and ordained that the Justice aire of
all the three Sheriffdoms — that is to say, Inverness, Ross,
and CaithnesSj be held in the town of Inverness.
In 1503, the parish clerk of Inverness has some dispute
with the parishioners as to his salary. The matter comes at
length before the Church Courts, and on 20th July 1504 is
issued the judgment following : —
In the name of Christ, we, John Spence, succentor of the Cathedral Church of
Moray, and official of Moray, sitting in judgment in the case by Thomas Foulis,
parish clerk of the parish church of the burgh of Inverness, alleging that he
ought to receive from every burgess of said burgh, who has divers ploughs in
various places or in various tacks or cultivated lands, for every plough under
cultivation within the limits of said burgh or without, wheresoever, one firlot of
grain, actor, on the one part, contrary and against John Ogilvy, Provost, and the
burgesses of foresaid burgh, defenders, on the other, alleging the contrary : Having
first learnt and heard the allegations of the foresaid parties, and attestations,
depositions, and sayings of witnesses ; and also the use and custom of the said
burgh, held, observed, and approved hitherto as far as there is any record, and
the other merits of the case being seen, considered, understood, and fully dis-
cussed, observed, and to be duly observed, we, by this our final sentence, which
we make known in these writings, with advice of our assessors and men learned
in the law, pronounce, decern, and declare the said Thomas Foulis, clerk, to
have clear title and just right to one complete firlot of grain or victual, according,
as has been the custom of said burgh from every burgess thereof, or, at least, to
receive one whole gallon for every Sunday yearly throughout the year, to be
received and exacted by said clerk along with his other accustomed income and
offerings, and that notwithstanding the plurality of the burgesses cultivating
or labouring the lands or landward tacks of said ploughs ; and also the cottars
of said bui'gesses shall satisfy yearly to the foresaid clerk for themselves as the
custom is, and the foresaid burgesses and their cottars we ordain yearly to make
payment in the premises, all and sundry, as aforesaid, to the said Thomas Foulis,
parish clerk, as the fee of his office for the administration thereof, at the usual
yearly terms : This our final sentence was read, carried, and pronounced in these
writings, in the Parish Church of Inverness, foresaid at 10 o'clock A.M. or there-
abouts on the 10th day of December in the year of our Lord 1503, the seventh
indiction, and in the 12th year of the pontificate of the most holy father in
Christ and our Lord, Lord Alexander the sixth, by divine providence, Pope.
Present there. Lords, "William Patrick, Rector of Boleskine ; Thomas Johnson,
Vicar of Wardlaw ; John Dingwall, Chajilain of the Holy Cross of Inverness ;
John Maklelan and William Cuthbert, Chaplains, with divers other cleric and
laic witnesses, called, and specially required, to the premises : And the premises,
all and sundry, we make known to all whose interest it is by these presents to
which our seal is appended, along with the sign and subscription of the notary
public underwritten. At Elgin the 20th day of July in the year A.D. 1504.
And I, Donald Thome, piiest of the diocese of Moray, notary public by
apostolical, imperial, and royal authority, forasmuch as I, along with the
witnesses forenamed was present at the premises, all and sundry, while thus, as
is premised, they were acted, said and done, and saw, knew, heard, and took
note, that they, all and sundry, were thus done : I, therefore, have made this
public instrument, which contains said final sentence, and have reduced it into
this public form and have signed it with my accustomed and wonted sign, name,
surname, and subscription, along with the appending of the seal of the foresaid
Lord Official, being called on and requested so to do for faith and testimony of
the premises, all and sundry.
184 INVERNESSIANA,
In 1505 an insurrection had again broken out, but the
King's measures, according to Tytler, " produced a speedy
and extensive effect in dissolving the confederacy. Maclean
of Dowart, Macquarrie of Ulva, with Macniell of Barra, and
Mackinnon, offered their submission, and were received into
favour; and the succeeding year (1506) witnessed the utter
destruction of Torquil Macleod, the great head of the re-
bellion, whose Castle of Stornoway in Lewis was stormed by
Huntly ; whilst Donald Dhu, the captive upon whose aged
head his vassals had made this desperate attempt to place
the crown of the Isles, escaping the grip of the conqueror,
fled to Ireland, where he soon after died."
The following is a copy of the Sheriff's indorsation on the
summons in the process of treason against Torquil Macleod
of the Lews : —
The 24th day of the month of December the year of God 1505 years, I, John
Ogilvy, Sheriff -depute ot Inverness, past with these our sovereign lord's letters
and sought Torquil Macleod of the Lewis, and because I could not apprehend him
personally, and there was no sure passage to me to his dwelling place, I past to the
market cross of the burgh of Inverness, at eleven hours before noon, and there, by
open iDroclamation made at the market-cross, I summoned, warned, and charged
the said Torquil Macleod of the Lewis to compear before our sovereign Lord
the King, or his Justice, in the Tolbooth of Edinburgh the 3d day of February
next to come, in the hour of cause, with continuation of days, to answer to our
sovereign lord or his justice for the treasonable art, part, and assistance taken and
done with Donald Isla, bastard son to Angus of the Isles, bastard, taking part
with him and invading our sovereign lord's lieges of the Isles, and destroying
them to the effect that the said Donald should be Lord of the Isles ; and upon
all points and articles in these our sovereign lord's letters and after the form
of the same, and this I did before these witnesses John of Chalmer, Robert
Innes, Alex. Michelsone, John Auchinlek, alderman of Inverness ; John Cuth
bert, John Vaus, bailies of the said burgh ; JamesDonaldsone, Alex. Adeson,
Henry Auchinlek, Patersone, John of Rutherford, Sir William Patersone,
parson of Boleskine, and Sir John ke, chaplain and notary public, and
others divers, and for the more witnessing of this execution I have affixed my
signet to these presents.
The legal proceedings of the burgh of Inverness against
the other northern burghs, which were for the time silenced
by the troubles in the north, were resumed in 1508, and it
is fortunate that the very full evidence then produced has
been preserved. Even the ages of most of the witnesses are
given : —
The Sherifp-Couet of Inverness, held in the Tolbooth of the same,
by John Ogilvy, Sheriff-Depute, the 28th day of May, the year
of God 1508.
Absents. — Andrew Davidson of Davidston; Thomas Reide in Cromarty ; Sir
James Dunbar, John Peryth, James Brabener, William Munro of Foulis,
and all the inhabitants of Dingwall absent, except Donald Dingwall and
Donald Kemp.
Absents of Tain. — Alexander Donaldson, James Macculloch, Donald Mac-
culloch, John Davison, Hugh Alexanderson, George Monro, Donald
Patrickson, Laurenceson, Magnus Faed, Stene Fyddes, Donald Brabener,
Andrew Fores, Criste Chej)man, Alexander Smyth, Gillespyk.
Item. — Thomas Duff deponed, he saw Earl Alexander hold chamberlain aii-es
oft-times in Inverness, and that he convened all forestallers of Dingwall, Tain,
and all others within the shire, to come and thole (be amenable to) law in
Inverness, Is near five score years as far as he knows.
INVERNESSIANA. 185
That same day Thomas Duff deponed that he knew ever that the men of Ding-
wall occupied no freedom, but at the licence of the alderman, bailies, and council
of Inverness, and that he saw Earl Alexander of Ross make supplication to the
alderman and bailies of Inverness to make a certain (number) of Dingw.all free
to occupy their freedom. And confirmed the same as to Tain.
"William, Thane of Calder, deponed that the burgh of Inverness ever occupied
the freedom of the whole shire without any impediment, and that Dingwall did
but at the licence and tolerance of the burgh of Inverness. And that he knew
nor heard never that Tain had any privileges, but that they do of tolerance of
Inverness.
Hugh the Rose, of Kilravock, deponed that he heard never that the men of
Dingwall pretended to have any right till now of new ; And that he heard his
father say, and took upon his soul, that he saw Sir Thomas Stewart that was
Sheriff of Inverness cause the Earl of Ross, the burghs of Ross, Moray and
Caithness, and all the tenants of the same, come to the Sheriff-Court of Inver-
ness, and who were absent he caused poind them without favour, and attour
that the said Sir Thomas Stewart caused escheat all the goods that came not
to the king's burgh of Inverness, and that Sir Thomas Stewart held the chamber-
lainaire in Inverness, and caused all the forestallers of Dingwall, Tain, Wick,
and all other places within the shire that occupied any freedoms, to come to
the aire of Inverness ; And that himself saw the Sheriff make officers to escheat
all goods that were bought in the sheriffdom of Inverness that passed by the
burgh ; And that he saw the men of Dingwall and Tain put their goods iu the
ship of Inverness, and pay the customs and duties there but of tolerance of
Inverness, (Aged 45 years. )
John Clunes, in Cromarty, deponed that he saw the men of Dingwall buying
their goods, and put them in the ship of Inverness, and sail with them, and that
he wist never that Tain had any freedom but of licence of Inverness. And that he
saw one called Donald Watson, in Dingwall, buy his freedom in Inverness, and
he was a child with him that time. (60 years.)
William Dallas, of Cantray, deponed that he saw ever the burgh of Inverness
brook and enjoy all the freedom from Duncansbay to the West Sea, and heard
never what privileges that Dingwall nor Tain had but of the licence of Inverness,
and that he heard say, that Earl Alexander of the Isles required the Alderman
and bailies of Inverness to give their tolerance. (50 years.)
William Dallas, of Budgate, dej)oned that the burgh of Inverness was ever
the principal burgh of the whole shire, and that he heard never that Dingwall
nor Tain occupied any freedom but at their licence, and that it is the head
staple of Caithness, Sutherland, Ross. (Aged 80 years.)
William Clerk, of Kilmuir, deponed that he wist not what freedom that Ding-
wall or Tain has, but that he saw them put their goods in the ship of Inverness,
and agree with the burgesses of Inverness. And that ever the men of Dingwall
and Tain come to the Chamberlainaire and Justiceaire to Inverness, and that they
had licence always to put their goods in the ship of Inverness. (Aged 80 years.)
Donald Young deponed that he saw many good men in Inverness and Dingwall,
but that he deponed, that they had no freedom that he ever heard speak of, but
of the goodwill and licence of Inverness, and that they were ever good friends
till now of late — the which, he thinks, is the case with Dingwall and Tain — and
that he saw them come ever to the Justiceaire and Chamberlainaire to Inverness.
(Aged 60 years.)
Donald Noble deponed that he saw good men in Inverness and Dingwall, and
sailing together, but he heard never what freedom they had, but dealt with
husbandry, and looked not to it.
James Clerk deponed that he knows no freedom that Dingwall nor Tain has,
but deponed that he saw part of the men of Dingwall part ever to the burgh of
Inverness, and said it had been better to Dingwall and Tain to have holden use
and wont, aad claim nothing. (Aged 60.)
Alexander Hossack deponed that this is the first year that ever he heard
impediment betwixt the saids towns, and that he dealt but with husbandry,
and took no heed to such things.
And all the foresaids persons deponed that they heard never nor saw never
any officers in the town of Dingwall but two bailies and their servants, the
which answered to the Earls of Ross and their chamberlains.
And all the foresaids i^ersons deponed that they saw sundry men, indwellers and
merchants of Dingwall, leave the town of Dingwall and come to dwell in In-
verness, and buy their freedom there.
Sir James Dunbar deponed that he has dwelt most, fore and off, these twenty
years betwixt Dingwall, Inverness, and Sutherland, and that he heard never
Z
186 INVERNESSIANA.
the inhabitants of Dingwall nor Tain claim nor brook any freedom but at the will
and licence of the head burgh of Inverness, and that they owe to come there
with their goods as their head staple.
LXVII.
JAMES rV, 1488-1513. PART TENTH.
In the year 1508, Andrew, Bishop of Moray, confirmed
various foundations in favour of the altar of St Michael by
the deed after quoted, which, though lengthy, is interesting
in its full descriptions. The benefactors were — William of
Bught, Alexander Waus, and Elizabeth Pylche, widow o-f
William Pylche, Lord of Culcabock, the date of the grants
being about 1455. The name of the Lady of Castle
Hill in this document appears to be written Ellen Gouss.
The right of patronage is conferred by William of Bught
upon the Council who have certain powers of administration
conferred upon them, but as they shall answer at the Great
Day. The offices to be performed are prescribed for the
chaplains. The burn called Scourburn, bordering upon
Broadstone, and described as running to the soidh, has now
no existence. Probably from the lands being undrained,
water at this period settled on them, and the course may have
been towards the Millburn, by the road leading past Midmills
from the heights of the Crown and Broadstone.
Eeference is made, it will be observed, to a piece of land
termed of old the kail-yard. It would appear that its culti-
vation, therefore, is of a pretty old date, though Dr Johnson
says he was told at Aberdeen " that the people learned from
Cromwell's soldiers to make shoes and to plant kail :'^- —
To all and sundry sons of holy mother Church, to whose knowledge the present
letters shall come, Andrew, by divine mercy, Bishop of Moray, Commendator of
Pittenweem and Coldinghame in England, in the dioceses of St Andrews and York ;
Greeting in the Saviour of all : Know all, that we have received a certain charter
of foundation of the chaplaincy of the altar of St Michael, lying within the parish
Church of Inverness and our diocese, donated and founded by the late William
Boucht, with certain annvial rents and other lands with the pertinents, written
on parchment and sealed with the seals of the community of the burgh of
Inverness, and of the Monastery of the Preaching Friars thereof, and of Jolm the
"Vicar there, and of Alexander Waus ; and it having been seen and read by us, it
was, as appeared, sound and complete, being neither erased, nor cancelled, neither
made null nor vitiated, nor in anypart suspected, or impaired by any Saw, and
being free from suspicion, after the tenor following : To all who shall see or hear
of this writ, "William de Botha, burgess of Inverness ; Greeting eternal in the
Lord : Know that to the praise and glory of God Omnipotent, the blessed niother
Mary, and St Michael, and of all saints, and for the new creation of a chaplain-
&\i\\) for ever in the parish church of Inverness to the altar of St Michael therein,
in part sustentation of our chaplain, to i^erform divine worship there for ever,
for the souls of the most serene Prince, James by the Grace of Grod, King of
\
INVERNESSIANA. 187
Scots, his ancestors and successors, and for ray own soul and the souls of my
spouse and our family, and of our ancestors and successors, and of all the
faithful dead, and the benefactors of said altar, I have given, granted, and by
this my present writ have for ever contirnied, ail and sundry my lands, tene-
ments, acres, and annual rents underwritten, viz. :— Four acres of land with the
pertinents, lying in the lordship of the " Aid Castell," of which four lie annexed,
near to " le Braidstaue," between the land of the blessed Virgin Mary of tlie
Parish Church of Inverness, on two sides, both at the south and north ; and the
fiftJi acre lies nigh to the torrent of " Skowrburne," as that torrent runs towards
th« south, and the laud of Donald of the Old Castle at the north ; and one acre
of land lying in " le Garbraid," between the land of the late Lord Patrick
Warlaw at the east, on the one side, and the land of the altar of the Holy Cross of
the Parish Church aforesaid, at the west, on the other, extending in length from
the road which is called Skatgat, towards the north, to the land of the heirs of
the late "William Pilche, towards the south ; and one annual rent of three
shillings from a certain land lying in "leEstgat," on the south side thereof,
between the lands of the heirs of the late John Dugall, at the west, and the land
of the heirs of Cristine Reid, at the east : also one annual rent of three shillings
from a certain particate of land which belonged to the late David Genor, lying
ia "le Estgat," on the south side thereof, between the land and stone house of
the late John Scott, at the east, and the land of the late Donald Thalzour, at
the west ; Item, — Four acres of land annexed lying in the lordship of the " Aid
Castell," under the hill thereof, on the north side, between the land of the heirs
of the late William Pilche, at the east, on the one side, and the land of the altar
of the blessed Virgin Mary of the foresaid Parish Church, at the west, on the
other, whose fronts extend to the King's common highway towards the south,
and the tails to the moor towards the north ; which acre with the pertinents is
to be reckoned of new, by real value in money, counted, delivered, and paid ;
also one annual rent of three shillings from a particate of land lying in " le
Estgat," on the north side thereof, between the land of Donald Cristie at the
east, and the land of Walter Thome at the west, together with an annual rent
of three shillings from a particate of land lying in said street on the south side
thereof, between the land of the late Patrick Genor at the east, and the lands of
Thomas Cutberte at the west, which two annual rents are reckoned also by real
value in money, counted, delivered, and paid : Item — Five particates of land
arable, which I have held of John, son of Alan lying in the plain east from the
Chai^el of St Thomas, three particates of which lie together between the land of
John Gaufrede on both sides, both at the south and north, and two particates
lie together between the lands of the heirs of the late John Mecheson at the
south on the one, and the land of the altar St Catherine the Virgin at the north
on the other side, extending said five particates of land to the land of Patrick
Farquhar at the east, and to the divided lands towards the west, which lands
ai-e restricted to three pounds of usual money : Item — One-half acre of land
lying in the plain, which is called Garbraid, between the land of the late Thomas
Cuthbert at the east, and my own land at the west, extending to the land of the
late William Pilche at the south, and to "le Skatgat" towards the north, which
lands with the pertinents are for ever given to said altar : Item — 8s 9d of annual
rent of the lands in Doomsdale Street on the west side thereof, viz. , from the land
of Alexander Gollan, which lies between the common passage of our Lord the
king, which is at the south, and the land of the late John Duncan at the north, 3s
yearly ; and from the lands of the foresaid John Duncan, 2s 6d ; and also from
the land of Donald Johnson, which lies between the foresaid land of John Duncan
and that of Ronald Clark at the north, 2s 4d ; and from a piece of land of the
said Ronald, lying on the north side of the land of said Donald, 2s 4d ; and from
the land and stone house of the late Andrew Reid, lying at the head of the street,
towards the front, 6d yearly ; and one annual rent of 3s from the land of the late
Michael Su tor, which lies in "le Estgat," on the north side thereof, between
the land of Bricius Sissor at the west, and the land of the late Gillemor at the
east ; and one annual rent of 4s from the land of Donald, of the Old Castle, lying
without the ditch, between the land of Donald Andrew at the east, and the said
ditch at the west : And, also, I further give and grant to said altar all and
sundry lands and annual rents which I shall in future possess, of my own con-
quest, in or without said burgh ; Moreovex', Alexander Waus, burgess of said
burgh, for the increase of divine worship granted and donated those annual
rents underwritten to the foresaid altar, viz. : — One annual rent of 3s, to be paid
yearly from the laud which lies between that of Thomas Gollan at the south, and
that of Janet Brabener at the north ; and one annual rent of 3s from the land
of Alexander Miluar, lying iu Doomsdale, between the land of Thomas Scheres
188 INVERNESSIANA.
at the south, and the king's common passage at the north ; and one annual rent
of 2s from the land of Hugh Donald, lying between that of Michael Betty at the
west, and that of Engine Faber at the east, in " le Estgaf on the south side
thereof ; and one annual rent of 3s from the land of Lord Andrew Blak, lying
in the Church Street, between that of the late James Johnson at the south,
and that of the late Gaufrid Sheres at the north, to be held, had, and possessed
by the said altar and the chaplain performing divine service there for ever, of us
and our heirs in free, pure, and perpetual charity, as freely, fully, completely,
honourably, well, and in peace, with all commodities, liberties, and easements,
with their just pertinents whatsoever, as any other land is given, granted, or
shall be possessed by churchmen, without revocation for ever, paying annually the
said chaplain for the first five acres twopence, to the lord of the Aid Castell, in
name of feu-farm, if asked : Likewise, we will and appoint the chaplain, and all
chaplains, his successors, in said chaplaincy, for ever to be bound to be engaged
in performing divine worship at mass at the altar of the blessed Virgin Mary on
all Saturdays, in ecclesiastical garb, with note in said church, and also to be
engaged at vespers on said days, and at high mass and second vespers on all
Sundays and feasts, and on the six holidays, at the altar of the Holy Cross in
said church, as the other perpetual chaplains thereof are also held bound and
engaged : And we will and ordain that the foresaid chaplain, at all second vespers,
and on the six holidays, and at matins, shall perform service for the souls of all
the holy dead : Besides, as much as in us lies, and in proportion for us and for
what has been and may be assigned to said chaplain ship, we have constituted
the community of said burgh our true and undoubted patrons of said chap-
lainship, that they shall have power, as often as there shall be occasion, to present
a chaplain to said office : And, further, I, the foresaid William, will and ordain,
with respect to the lands and annual rents here restricted by sums of money,
as is more fully contained in the charter made thereon, that whatsover lands or
annual rents, or any parts thereof, may be redeemed by payment being made into
the hands of said community of the sums, that it shall be lawful to said com-
munity to dispose of said sums of money in the purchase of lands or annual
rents according to the amount thereof for the advantage and use of chaplains of
said altar, and that they may the more aptly as servants of the Lord perform
this, I lay it on their consciences as they shall be willing to answer in the day
of judgment in presence of the Judge of all. In testimony of which thing, in
the absence of my seal, I, the foresaid William, with instance have procured to
be appended to this writ the common seal of the Monastery of the Preaching
Friars of Inverness together with the seal of the discreet man Lord John of Inver-
ness, perpetual vicar thereof, and for the part of the assignation of the foresaid
Alexander Waus, he has caused his own seal to be appended in face of the capital
court of said burgh held on the feast of St Michael (29th Sept.) in the year a.d.
1455, before these witnesses, Lord Patrick Fleager and Duncan Maclelan, chaplains
of the Holy Cross and of the blessed Virgin Mary, Lords Andrew Blak, parish
priest, John Spine and Thomas Ross, priests, and many others : Also the said
Alexander Waus granted and donated to the foresaid altar 2s of annual rent
from the land of Thomas GoUan, lying in Doomsdale on the east side thereof,
between the land of the late Robert Hog at the south, and that of the foresaid
Alexander at the north, and 3s of annual rent from the land of Lord Andrew
Blak lying in Church Street of said burgh, on the western side thereof, between
that of Thomas Cuthbert at the south and that of Mauld of Bothane at the north,
and 3s of annual rent from the land of the late Richard Johnson, which lies in
Church Street of said burgh, between the land of John Thomson at the south,
and the land of the said Richard at the north, and 18d of annual rent from the
land of John Faber, which lies nigh to the passage of our lord the king towards
the east, and 2s from the land of Andrew Grame annexed, lying on the west side
of the above- written particate, and 2s from the land of the late Henry M'Lelan,
lying on the west side of said particate of Andrew Grame, which three particates
lie annexed in " le Estgat " of said burgh, on the south side thereof, at the end
of the street : Likewise Elizabeth Pilche, and only heiress of the late William
Pilche, Lord of Culcabock, in her pure widowhood, in honour of St Michael, the
archangel, for the salvation of the souls of her ancestors and successors, of her own
inclination, not led by force nor having fallen into error, gave and granted two
acres of land lying in the " Schapflat," between her own land at the west and
that of Ronald Clark at the east, whose front extends to " le Skatgat " and the
tail to the ditch towards the north, of which two acres of land with the per-
tinents, Hugh Clark, one of the bailies of the burgh of Inverness, gave sasine by
earth and stone to William Bowth, procurator for St Michael, in presence of
Ranald Clark, and Alexander Waus, and of others divers : Moreover, the fore-
INVERNESSIANA. 189
said William de Botha came to an arrangement for real value in counted
money as to two particates of said acre lying in the lordship of the "Aid
Castell," on the east side of the road which passes toward and beyond Drakies,
between the land of Konald Clark towards the south and that of Ellen, daughter
of Walter Andrew towards the north, extending as the other lands in said
plain extend : Also, William de Botha arranged of new with Ellen Gouss, Lady
of the Old Castle as to two acres of land with the pertinents lying in the place
of the old orchard, and on the east side thereof, between the land of Patrick
Farquhar at the south on the one side, and to the top of the hill at the north on
the other, whose front extends to the acre of land which of old was called " le
Caill-zard" ab the east, and the tail to the acre of land belonging to the altar of
the blessed Virgin Mary in the parish Church, and to " le Elfrygovin" towards
the west, as the charter of said lady made thereupon more fully testifies : Which
charter of foundation and all contained therein, we, Andrew Bishop of Moray
afoi'esaid, by our ordinary authority for ourselves and successors appi'ove, ratify,
and shall for ever defend in all its points and articles, and in its universal
modes and circumstances in form and effect, in and by all as is premised : In
testimony of which thing our round seal, along with, the common seal of the com-
munity of the burgh of Inverness, is appended to these presents at our palace of
Spiny, the 13th day of October in the year 1508, and of our consecration the 7tli
year. Present these — our beloved Masters John Vedale, our sub-dean of Moray ;
Thomas Lesly, prebendary of Kingussie; John Sawchat, prebendary of Bocharm ;
Thomas Lewingstoun, canon of Moray, with divers others.
LXVIII.
JAMES IV. 1488-1513. PART ELEVENTH-
Upon the 23th of December 1508, John Dingwall, notary,
takes the following instrument and infeftment in favour of
John Auchlek, as chaplain of St Catherine's, Inverness, upon
the presentation of the Alderman, Bailies, and Council of
Inverness : —
In the name of God, Am.en, by this present public instrument be it evidently
clear and made known to all, that in the year of the incarnation of the Lord
1508, on the 28th day of the month of December, in the 12th indiction, and in
the 6th year of the pontificate of the most holy father in Christ and our Lord,
Lord Julius 2d, by divine providence, Pope, in presence of me, notary public,
and of the within-written witnesses, the honourable men, John Auchlek, alder-
man of the burgh of Inverness, the bailies, and common Council thereof for the
time being, personally constituted, with unanimous consent and assent, for the
perpetual chai^laincy of the blessed virgin, Katherine, founded in the parish
church of Inverness, belonging to the presentation of said alderman, bailies, and
Council as they assert, and of full right to the ordinary collation of the Lord
Bishop of Moray, vacant by the resignation, demission, or renunciation of the
discreet man Sir Thomas Moray, last chaplain and possessor thereof, or about to
become vacant in a short time on the said Sir Thomas' own motion, presented
the discreet man Sir John Auchlek, chaplain of said diocese of Moray, to the
reverend father in Christ and our Lord, Lord Andrew, bishop of Moray, and
commendator of Pittenweem and Coltinghame (Coldinghame ?) in England, and
granted it to him with the intention of neither changing, nor in the form of
increasing things used and wont : And the said John in foresaid church, is and
shall be bound to do faithfully for the increase of divine worshij) in tlie said
parish church and choir thereof, and also at the altar of the blessed virgin Ka-
therine foresaid, in singing and celebrating of things divine, according as his
predecessors at said altar and the other chaplains of foresaid church and choir
of Inverness in times past have done, or are now doing, and to perform, and
praise, and observe the usual divine duties : Also, he has bound and obliges
190 INVERNESSIANA.
himself, after the strictest form of obligation, by pledging his honour after
having touched the holy gospel of God corporally with his hands that no prejudice,
loss, or injury shall happen to any one contrary to the premises, or any of them
bj"- word or deed, by whatsoever means, or adverse to said parish church, choir,
and altar, and the liberty and government of said burgh and community thereof :
Upon all and sundry which things, the said alderman, bailies, and Council on
the one part, and the foresaid Lord John on the other, demanded one or more
public instruments to be made for them by me, notary public under-written :
These things were done in the choir of the Preaching Friars of Inverness, the
12th hour, midday, or thereabouts, in the year, month, day, indiction, and ponti-
ficate as upon : There being present the discreet men, James Donaldson,
Thomas Patrickson, John Cuthbert of the Old Castle, John Waus, Henry Ker,
and John Ker, burgesses of said burgh of Inverness, with divers other witnesses
to the premises called and also required.
And I, John Dingwall, ^Driest of the diocese of Moray, by holy apostolic,
imperial, and royal authority, notary public, foreasmu.ch as I, along with the
forenamed witnesses, was present at the premises all and sundry, while thus
they were acted, said and done, and saw, knew, heard, and took note that they
all and sundry were thus done ; I, therefore, have made therefrom this pre-
sent public instrument, faithfully written with my own hand, and have reduced
it into this public form, and have signed it with my usual and wonted sign,
name, and subscription, being called on and requested so to do, for faith and
testimony of the truth of all and sundry the things premised.
The following instrument of protest at the instance of
certain trades within the Lordship of Ardmannoch, hindered
by the Bailie of the Lordship from crossing Kessock Ferry
with their goods to the Fair of the Holy Cross of Inverness,
is interesting. It is dated 13th September 1509. The fair
of the Holy Cross or Roodmass was held on 3d May : —
In the name of God, Amen, by this present public instrument be it clearly
known to all that in the year of the incarnation of the Lord, 1509, on the 13th
day of the month of September, in the 12th indiction, and in the sixth year of the
pontificate of the most holy father in Christ and our Lord, Lord Julius II., by
divine providence, Pope : In presence of me, notary public, and of the witnesses
underwritten, John Waus, one of the bailies of the burgh of Inverness, personally
constituted together with me, notaiy public, and the witnesses underwi-itten,
went to the town of Kessock in Ardmannach, near the harbour or ferry thereof,
to certain merchants there personally assembled with their merchandise or
wares, in the cause of the market of the foresaid burgh of Inverness, and en-
quired the cause of their coining, and they replied that they had come there with
their goods in the interest of the market of the Holy Cross of said burgh ot Inver-
ness, and that they were hindered by Henry Stewart, bailie of the reverend father
in Christ, Andrew, Bishop of Caithness, and chamberlain of our supreme lord
the King, for Ross and Ardmannach, of whose reason they were truly entirely
ignorant, the said John, along with me, notary public, and the witnesses under-
written, came to the presence of the said Henry, the bailie, there present, and
asked of him why and by what power he hindered the merchants and their goods
and others from coming to the burgh of our supreme lord the King of Inver-
ness, in the interest of the market thereof, and did not, according as was just,
admit them to the market of our said supreme Lord : And, moreover, the said
Bailie of Inverness offered to the said Henry, bailie of Ross and Ardmannach,
sufficient pledges for due payment to be made to him for said merchants and
others, whatsoever, who come to said market of whatsoever dues, it is held they
are liable in, if any : The said Henry, bailie of Ross and Ardmannach, publicly
acknowledged that he prevented the foresaid merchants and their wares from
said market and burgh of Inverness, and he also refused wholly and entirely
said Bailie to receive them and their goods to pledge. From all and sundry
which the said Bailie of Inverness solemnly appealed to the assistance of law :
Of and on all and sundry which the said Bailie of Inverness demanded of me
notary pviblic underwritten public instruments, one or more to be made for him :
These things were done at the harbour or ferry, near Kessock, in Ardmannach,
at the seventh hour after mid-day or thereabouts, the year, month, day, indiction,
and pontificate, as above. Present there— John Kei-, Robert Waus, Donald
Moreson, John Foull, and Thomas Batis, Avith divers other witnesses to the
premises, called and required.
INTERNESSIANA. 191
And I, John Malcolm, priest of the diocese of Moray, notary public by
apostolic and imperial authority, forasmuch as I, along with the forenamed
witnesses, was present at all and sundry the foresaid, while thus, as is premised,
they were acted, said, and done, and saw, knew, and heard, and took note that
they, all and sundry were tlius done : I, therefore, have made therefrom this
present public instrument, faithfidly written with my own hand, and havo
reduced it into this public form, and have signed it with my accustomed and
usual sign, name, and subscription, being called on and requested so to do for
faith and testimony of all and sundry the things premised.
By a deed, dated at Inverness 25tli June 1510, the vener-
able man, Master John Caldor, precentor of Ross, of his own
proper motive made, constituted, and ordained Hugh Caldor,
his cousin, his heir and assignee to all his lands and goods
in full form, without any revocation in future.
At Inverness, on the 21st of July 1513, Thomas Paterson,
rector of Assynt, is served heir to his uncle, William Pater-
son, late rector of Boleskine, in the lands of Durris, and
those of Culcabock and Knockintinnel within the parish of
Inverness. The value of the respective lands and holding
is specified. The following deed is taken from the fine
collection belonging to Robertson of Inshes : —
This inquest was made at the burgh of Inverness, in the Court house thereof,
before the honourable man, Hugh Rose of Kilravock, Sheriff-Depute in this
part, on the 21st day of the month of July A.D. 1513, by the wise men under-
written, viz., Alexander Gumming of Altyre, Andrew Kynnard of that Ilk,
Alexander Urquhart of Burdsyards, David Douglas of Pittendreich, Alexander
Brody of that Ilk, Wm. Dallas of Bvidgate, Henry Dallas of Cantray, Robert
Stewart of Clava, Andrew Monro of Davochcarty, Alexander Denoon of David-
ston, William MaccuUoch of Pladis, Angus Macculloch of Terrel, John Corbart
of Esterard, Alexander Nicolson of Freirost, Robert Murray of Fochabers, John
Cuthbert of Old Castle, Walter Ross of Kynstary, Walter Douglas of Craw-
mond, James TuUoch of that Ilk, George Dunbar in Moy, and William Douglas,
burgess of Elgin, who being sworn, say that the late Lord William Paterson,
rector of Boleskine, uncle of Lord Thomas Paterson rector of Assynt, bearer of
these j)resents died last vested and seised as of feu and at the peace and faith of
our sovereign lord the King, of all and su.ndry the lands of Durris, with the
pertinents, lying in the Sheriffdom of Inverness ; and of all and whole the lands
of Culcabock and Knockyntennell with the mill and pertinents thereof, lying
in said Sheriffdom ; and that the said Lord Thomas is lawful and nearest heir of
his said late uncle in said lands with the mill and jiertinents ; and that he is of
lawful age ; — and that said lands of Durris with the pertinents, are now worth
yearly 21 merks of Scots money, and in the time of i)eace were valued at 18
merks of said money ; — and said lands of Culcabock and Knockyntennell with the
pertinents thereof are now worth yearly 20 merks of Scots money, and in the
time of peace were valued at 12 merks of said money. And said lands of Durris,
with the pertinents, are held in capite of our Supreme Lord the King for the ser-
vice of ward and relief, and said lands of Culcabock and Knockyntennell, with
the mill and pertinents thereof, are held in capite of George Hay, as Lord
Superior thereof for the service of feu-farm : Giving therefor yearly 10 merks
at the two usual terms of the year, viz. — one-half at the Feast of Pentecost,
and the other half at the Feast of St Martin in winter, by equal portions, and
also giving therefor yearly 12 arrows, to be presented to our Supreme Lord the
King, at the Feast of Pentecost, if asked only. And said lands of Durris with
the pertinents are now in the hands of the said Supreme Lord the King, as lord
superior thereof, through the decease of the said late Lord William, the uncle of
the said Lord Thomas, last possessoi thereof, and that from the time of his decease,
during the space of one year, by defect of the heir not pursuing his right, and
that said lands of Culcabock and Knockyntennell, with the mill and pertinents
thereof, are now in the hands of the said George Hay, as lord superior thereof,
through the decease as above of the said late Lord William, and that from the
time of his decease, during the s^mce of one year, in defect of the true heir not
pursuing his right. Given and sealed under the seal of the said Sheriff in this
part, and seals of such as were engaged in the said inquest, together with the
King's breve, included within, year, day, and month as above.
192 INVERNESSIANA.
LXIX.
JAMES IV. 1488 1513. PART TWELFTH AND LAST.
Upon the 9tli September 1513, the King, together with
many of the nobles and prominent men of Scotland, fell at
Flodden, a disaster which, but for the King's fatal pro-
crastination and obstinacy, should not have occurred.
Before concluding this reign, several matters connected
with Inverness which then happened are here noted.
The Earldom of Moray was granted in 1501 by James to
his natural son, James Stuart, commonly called the Earl of
Moray. Upon his death, in 1544, it reverted to the Crown,
and four years afterwards was conferred on George, Earl of
Huntly. In 1544 it was taken from Huntly, and finally
granted by Queen Mary in 1562 to her ungrateful ille-
gitimate brother, the Eegent. It is said that Castle
Stuart, in Petty, but on doubtful authority, was a favourite
residence of King James IV., and originally designed for a
Royal hunting seat. It has also been stated, but erroneously,
that the present Castle was erected by the Regent. It was
built by his grandson, the third Earl of the present family,
in the early part of the 17th century.
On the 20th January 1504, Thomas, fourth Lord Lovat,
with consent of the community of Inverness, presents Sir
J^icolas Barron to the chaplaincy of St John the Baptist in
Inverness.
John Cuthbert of Auld Castle-hill, grants a charter of five
acres of his lands of Castle-hill to Gilbert Waus, burgess of
Inverness, dated at Inverness, 4th February 1506. Among
the witnesses are Lord Lovat, and Sir John Mackay, Notary
and Presbyter.
Upon the 16th day of August 1507, Alexander Fresale
(Fraser) of Linlithgow obtained from King James a gift of
bastardy of two-thirds of the lands of Arbole in the Earldom of
Ross and shire of Inverness, which had fallen into the King's
hands on the death of John, some time Bishop of Ross.
In the petition and claim for Cosmo George, Duke of
Gordon, to the Lords of Council and Session, dated 9th
November 1747, for compensation for the abolition of his
heritable jurisdictions, the Duke, inter alia, states — "That
your petitioner is in like manner lawfully entitled to the
heritable office of Sheriff of the shire of Inverness, in virtue
of grants from the Crown, of the said heritable office to his
INVERNESSIANA. 193
ancestoi'S and predecessors ; and particularly of a charter of
the said office to Alexander Earl of Himtly, dated IGth
February 1508, sasine tliereon dated 2r>tli April 1511, con-
firmation of the said charter by the King and Parliament
dated 8th March 1509, and many other rights and infeft-
ments conceived in favour of the petitioner's ancestors, to
whom he has right to succeed. That your petitioner is also
justly entitled to the office of Constabulary of the Castle of
Inverness, in virtue of many infeftments granted to his
predecessors." The Duke claimed £2000 for the Sheriffship
and £300 for the Constabulary.
On 1st April 1509, Andrew Bishop of Moray gives letters
of presentation to Sir John Auchleck, of the chaplaincy of
St Catherine's, within the Parish Church of Inverness.
Under date 1510, it is recorded that Hugh Rose of Kil-
ravock married Agnes Urquhart, daughter of the Sheriff of
Cromarty, and their third son was John Rose, afterwards of
Wester Drakies, and Provost of Inverness.
In the same year, at the Justiceaire held at Inverness,
precept of remission, dated' 4th July, is issued to Gillespie
Dhu, Bailzie of Troternish, and others, John Mac Gille-
martin, and 63 others, for common oppression of the lieges,
and for resetting, supplying, and intercommuning with the
King's rebels, and also for fire-raising. Upon the 9th of
July, a remission is granted to Andrew Kynnard of that Ilk,
dwelling within the shire of Inverness, for supplying,
resetting, and assistance given by him to the King's rebels,
being at the horn, and for all other crimes and actions ; and
of the same date a similar precept is granted to George
Falconer of Halkerstone and Robert Falconer, for common
oppression of the lieges, &c.
In 1510 occurred the marriage of Muriel Calder with Sir
John Campbell, third son of the second Earl of Argyle.
In 1511, Doul Ranaldson, predecessor of Clanranald, grants
bond of man-rent to Alexander Earl of Huntly, dated at
Inverness 10th March, and having no seal of his own by him
at the time, procures the seal of an honourable man, John
Cuthbert, alderman of Inverness, the witnesses being as
follows, viz. : — John Auchleck, John Kerr, Henry Kerr,
Thomas Paterson, burgesses of Inverness, William Lach-
lan's son of Dunachton, Ewen Allan's son in Lochaber,
Turnbull of Wauchop, and Master Andrew Sinclair, vicar of
Laggan, notary public.
It will be seen that so late as 1511 two great chiefs, such
as Mackintosh and Lochiel, are not designed by their proper
surnames.
A 2
194 INVERNESSIANA.
LXX.
JAMES V. 1513 1542. PART FIRST.
In the latter year of James the Fourth's reign, the High-
lands and Isles had been comparatively quiet, but the feuds
and divisions among the great nobles consequent on the
minority of the new King, spread to the north. The
intrigues of the family of Huntly, and the feuds of various
branches of the Macdonalds and of other clans, kept the
north in a state of perpetual disquietude, resulting in
ultimate loss to themselves. The Argyle family now be-
came prominently mixed up in all western troubles, from
which they issued unharmed.
A commission under the quarter seal to William, Lord
Ruthven, and others, as Sheriffs of Inverness, for executing
a brief of idiotry and the cognoscing of John, Earl of
Sutherland, is issued of date 3d May 1514.
These contemplated proceedings were interrupted by the
Earl's death, and his sister Elizabetli having succeeded, the
old surname sunk on her marriage with the Earl of Huntly's
second son.
Brieves having been issued, dated 17th September 1514,
Lady Elizabeth was served heir in special to the Earldom
of Sutherland and to her brother at Inverness upon the 3d
day of October 1514. Among those on the inquest were
Thomas Eraser, Lord Lovat, George Haliburton of Gask,
James Fenton of Ogle, James Dunbar of Cumnock, Alex-
ander Gumming of Altyre, James Gumming of Earnside,
Alexander Urquhart of Burdsyards, David Dunbar of
Durris, Alexander Brodie of that Ilk, David Douglas of
Pittendriech, Hugh Rose of Kilravock, Henry Dallas of
Cantray, William Dallas of Budgate, Alexander Strachan
of Gulloden, John Gorbet of Alford, John Vans of Loch-
slyne, William Macculloch of Plaids, and Thomas Paterson,
burgess of Inverness.
Upon the 14th November 1514, Muriel Burrek grants the
following charter of a peck of land on the east side of
Doomsdale Street in favour of Henry Simon's son, burgess
of Inverness : —
To all wlio shall see or hear of this charter, Muriel Burrek ; Greeting iu the
Lord : Know that I have sold and alienated from me, my heirs, and assignees,
to my beloved Henry Symondson, burgess of Inverness, one iieck of my land
lying in the burgh of Inverness, in the street commonly called Doomsdale, and
on the east side of said street, situated between the laud of Finlay Bayne at
INVERNESSIANA. 195
the south, and the hind of the heirs of Henry Talzeoiir at the north, whose
front extends to the laiul of Andrew Lowre, and the tail to the Land of Tliomas
Finhiy : To be lield and had said jwck of land, with all and sundry pertinents,
by the foresaid Henry, his heirs, and assignees, of ine, my heirs, and assignees,
with all and sundry commodities, liberties, and easements, and just pertinents
whatsoever, as well named as not, both under and above grouiid, both near and
far off, belonging to said land, with the pertinents, or which can justly in future
in any way belong, as freely, quietly, wholly, fully, honourably, well, and in
peace, as any other land, within said burgh is given, sold, alienated, or possessed,
without any revocation, reclamation, or contradiction whatsoever to be made
by me, my heirs, and assignees or others, or on our part in time to come : Giving
therefor annually, the said Henry, his heirs, and assignees, to our supreme lord
the King one penny, and to Thomas Donaldson, burgess of Inverness, and his
heirs, nine pence annually, and that in lieu of every other burden and secular
service which can be exacted or required for said peck of land : And I,
Muriel foresaid, my heirs, and assignees, shall warrant, acquit, and for ever
defend foresaid peck of land to the foresaid Henry, his heirs, and assignees,
against all mortals : And I, Thomas Finlay, confess me to have sold to the
said Henry, that peck of land of mine lying in breadth within the land of the
said Finlay Bayne towards the south, and the land of Henry Talzeour towards
the north, and in length between the land of the aforesaid Bluriel and the
granary of John Gollau on the hill : Giving therefor the said Henry, his heirs,
and assignees, to oar supreme lord the King, three halfpence, and to Thomas
Donaldson, his heirs, and assignees, nine pence annually : And I, the aforesaid
Thomas, my heirs and assignees, shall warrant, acquit, and for ever defend said
peck of land to the foresaid Henry, and his heirs and assignees, against all
mortals : In testimony of which thing, the seals of the abovesaid Muriel and
Thomas are appended to these presents, at the burgh of Inverness, the 14th day
of the month of November, A.D. 1514, along with the seal of William Reed, one
of the bailies present at the sealing of these presents, John Cuthbert, artisan,
James Dempster, and Alexander Anderson, and Patrick Brabiner, messenger,
with divers others.
In 1515 the Earl of Huntly was Sheriff of Inverness, and
by the month of June of that year the Countess of Suther-
land had married his son, Adam Gordon of Aboyne.
In the same year William Mackintosh of Mackintosh was
murdered in the town of Inverness, and the circumstances
are thus detailed in the MS. History : — " On the 20th of
May 1515, as he was asleep in his house in Inverness, he
was barbarously assassinated by John Roy Maclachlan-vic-
Allan, his own near cousin. The assassin with his accom-
plices eloped, but coukl not long escape divine vengeance.
Lachlan, the brother of William, sent Dougal MacGili-
challum with twenty men in pursuit of them ; who traced
them through Ross, Caithness, Strathnaver, Assynt, Loch-
alsh, Abertarff, Strathspey, Strathdee, and to Glenesk,
where they were (13 in number) all killed and their heads
brought to Moy, and set up in several places, a.d. 1516."
At Inverness, on the 19th March 1516, Andrew Low, son
and heir of the late Lawrence Faber, sells to the prudent
man, Henry Symondson, burgess of the burgh of Inverness,
a piece of land lying within tke burgh of Inverness, and on
the east side of the Doomsdalc Street, which piece lies be-
tween the land of Finlay Bane at the south, on the one side,
and the land of Eugenius Faber at the north, on the other,
whose front extends to the King's highway at the west, and
196 INVERNESSIANA,
the back to the h^nd of tlie foresaid Henry, The reddendo
is 2Jd yearly to our Supreme Lord the King, and to Thomas'
Donaklson, his heirs and assignees, 18d at the two usual
terms in the year, by equal portions. The honourable man,
John Bar, one of the bailies, gives sasine and appends his
seal. John Scot, priest of the diocese of Moray, is the
notary, and the witnesses are, the digci'eet men Jas. Symond-
son, bailie ; John Ostlar, burgess; James Dingwall,
Andrew Sinclair, Alex. Blak, Mair, and Robert VVaus,
notary public ] with others divers called and also required.
Among the Inshes charters is the following valuable
document, being a grant by the Friars of Inverness to Mr
Robertson's predecessor, of a particate of land in Inverness,
dated JiOth July 1517.* The land is that in front of the
Commercial Hotel, and the buildings no doubt then pro-
jected to the main street, and probably included part of the
present Town Hall buildings.
The names of the oiKcials of the order not only of the
Monastery at Inverness, but in Scotland, at the time are
here preserved. The document is endorsed " Charter to
Lawrence Robertson of the Sklaithouse" : —
To all who shall see or hear of this charter, Friar Henry Dewer, Prior of the
Preaching Friars of Inverness ; Greeting eternal in the Lord ; Know that we,
after mature deliberation, had with our said monastery and Friars therein,
with common consent, and the advantage and \itility of our successors being
considered and had in view, with consent of the reverend Prior, Friar John
Adam, Professor of Sacred Theology, and principal of the Order of Preaching
Friars of all the Kingdom of Scotland, and also of the venerable men, the Friars
of the convent of our said monastery, John Ricard, John Brown, and Alexander
Andrew, and also of the discreet men after mentioned of the general chapel, viz.
— Friar Andrew Makneil, Prior of Aberdeen ; James Young, Prior of Annan ;
John Litstar, Sub-Prior of Ayr ; and John Faber, Sub-Prior of Glasgow ; have
given, granted, set, and in feu-farm let for ever, and by this present charter,
confirmed, and also by these presents give, grant, set, and in feu-farm let, and
by this ijresent charter confirm, one particate of our land, with the pertinents
lying in the bui"gh of Inverness, between the lands of the late Farquhar Black-
intosh on the west side, and the public cross of said burgh on the east, and
also the common way which leads to the bridge of said burgh on the north side,
and the Castle Hill on the south, to a discreet man Lawrence Robertson, burgess
of said burgh of Inverness, and his heirs and assignees whomsoever : To be held
and had, said particate of land, with the pertinents, by the said Lawrence and
his heirs antl assignees whomsoever of us and our successors in feu and heritage,
according as it lies in length and breadth for ever, with all and sundry its
pertinents, commodities, liberties, and just pertinents, as well named as not
named, belonging to said particate of land, or which can in future in any way
iustly belong, without revocation, contradiction, or retention of ours and our
svxccessors whomsoever : Giving therefor, yearly, the said Lawrence his heirs and
assignees to us and our successor's, the prior and convent of Inverness, who for
the time may be, four shillings of annual rent at two terms in the year by equal
portions — viz., the Feasts of Pentecost and St Martin's in winter, together with
five pence as burgh rent annually to the collectors thereof only, in lieu of every
other burden, exaction, demand, or service, which for said particate of land, with
the pertinents, can in any way be exacted or required in time to come : So that
it shall not be in the power of the said Lawrence, his heirs, and assignees, to give,
^ This is the deed refen-ed to at page IS as having been amissing for sereral years.
It was after much search fortunately recovered iu couise of the year 1873.
INVEiiNESSIANA. 197
grant, alienate, sell, augment, or in any way whatever dispone any part of the
annual rent of said particatc of laud with the pertinents, to any persons whom-
soever, excei)t said whole annual rent of four shillings, without the express
consent and assent of the prior and convent of Inverness, who for the time may
be : Also if it happen that said annual rent of four shillings, as is premised,
shall be due to us and our successors, for three continuous terms, and not be
paid thereafter when required, then immediately said particate of land, with
the pertinents, with whatsoever shall happen to be erected and repaired thereon,
with all and sundry pertinents, shall ipso facto revert to the foresaid prior and
convent of said monastery of Inverness without any judicial process, ecclesi-
astical, or civil : And likewise it shall be in the power of the prior, and convent
for the time, to dispose of said particate of land with the pertinents for ever,
according to their pleasure : And we, Henry the Prior, and the convent of said
monastery and our successors, shall warrant, acquit, and for ever defend foresaid
particate of land with the pertinents ; reserving the forewritten restrictions to
the said Lawrence and his heirs and assignees, in form, manner, and effect, as is
premised : In testimony of which thing the seal of our chapter of said monastery
is appended to these presents, together with the seal of the said reverend prior
principal, and the manual subscriptions of said friars of the convent and of the
cessioners, and also with the seal of the honourable man John Ker, bailie of
said burgh of Inverness, who after resignation made by us in his hands, gave,
delivered up, and handed over for ever to the foresaid Lawrence Robertson and
his heirs and assignees, hereditaiy state and sasine of said particate of land,
■with the pertinents, by delivery of earth and stone : At Inverness, the 20th
day of the month of July A.D, 1517, in the 5th induction, and in the 5th year
of the Pontificate of the most Holy Father in Christ, and our Lord, by divine
Providence, Lord Leo the 10th, Pope. Present there — Friars Duncan Crukschank,
Thomas Paterson, William Keid, William Thorne, Peter Williamson, and
Alexander Blak, officer or clerk, with divers other witnesses called to the
premises.
Said annual rent or land is not to be alienated without our consent, or that
of our successors, being obtained. By testimony of this my hand I, Friar John
Donaldson, was present.
From an extract decree of the Lords of Council, of date
28th March 1517, in an action for recovery of maills and
duties due for Badenoch to Andrew, Archbishop of St
Andrews, while he was Bishop of Moray, by Lachlan Mack-
intosh, Captain of the Clan Chattan, and Dougal Mackintosh,
we take the following ; —
The fishing of the water of Ness, of the Martinmas term, in the year of God
1513 years, and for the year of God 1514 and 1515, extending in the whole to £10.
The Kain fowls of Kinmylies, of four years, extending to 40s.
The annual of Gilbert Vaus, lying within the burgh of Inverness, one
pound of pei^per, price 8s.
On 5th May 1518, James, Bishop of Moray, on the pre-
sentation of Thomas, Lord Lovat, issues letters of induction
to the chaplaincy of the altarage of St John the Baptist,
within the Parish Church of Inverness, in favour of Sir John
Scott. Among the witnesses is Alexander, Lord Living-
stone.
198 INVERNESSIANA.
LXXI.
JAMES V. 1513-1542. PART SECOND,
The two following deeds refer to the lands of Culcabock
and Knockintinnel, and the period when the Grants first
obtained a footing in connection with these lands. A century
later thay were dislodged by the Robertsons. Knockintinnel
signifies '' the hill of gathering ;" —
In the name of God, Amen : By this present public instrument let it be
clearly known to all that in the year of the incarnation of the Lord, 1519, and
the first day of the month of December, in the 8th indiction, and in the 7th year
of the pontificate of the most holy father in Christ and our Lord, by divine
clemency. Lord Leo 10th, Pope, in presence of us notaries public, and of the
witnesses subscribed : The honourable man John Grant of Lecoquhy, person-
ally constituted on the one part, and the prudent woman Elizabeth Paterson,
spouse of Andrew Jakk, with consent of her said spouse, on the other part,
produced openly, and caused to be read, certain letters written on paper con-
taining therein a certain contract in the common tongue, of which letters the
tenor follows word for word, and is this — " The first day of December, in the
year of God, one thousand and five hundred and nineteen years : It is api^ointed
and agreed betwixt an honourable man, John the Grant of Lecoquhy on the
one part, and Elizabeth Paterson, with the assent and consent of Andrew Jak,
her spouse, on the other part, in manner, form, and effect as after foUows, that
is to say, the said John the Grant shall content, and pay, and deliver, to the
said Elizabeth, forty merks usual money of Scotland, and shall upon his own
expense cause the said Elizabeth to be entered in the lands of Culcabock, Knockin-
tinnel, and the mill of the same with their pertinents lying within the sheriffdom
of Inverness, the said Elizabeth giving him her sufficient and lawful power to
recover and get her entry before whatsomever judge or judges, or superior,
that shall be needful thereto, for the which forty merks, the said Elizabeth,
what time, and as soon as she is entered in the said lands of Culcabock, Knock-
intinnel, with the mill of the same and their pertinents, she shall infeft the
said John the Grant heritably, or his heirs, in the said lands of Culcabock,
Knockintinnel, with the mill of the same, by charter and sasine, or resigna-
tion, whichever he please best within 15 days after she shall be required thei'e-
to by the said John or his procurator : And besides the said Elizabeth shall
find her brother, John Robertson, burgess in Elgin, surety to the said John
Grant, that she and her heirs shall fulfill and keep all the points above expressed
for her part, and the said Elizabeth and her brother grant them well contented
and paid of the said forty merks at the making of this writ, and discharge the
said John and all others whom it eff eirs : And the said parties oblige them to
fulfill all the points above expressed by the faith in their bodies, and all their
goods moveable and unmoveable, past and for to come, before these witnesses,
that is to say, honourable and worshipful men, Robert Innes of Rothnagueze ;
Walter Innes of Towis ; Thomas Innes of Mylton ; James Innes ; Walter Innes ;
Andrew Robertson ; Master Alexander Kinpont, parson of Abirlour ; Sir Donald
Thomson; Sir William Brabner; Sir Thomas Hay, notary pxiblic, with others
divers." After the production and reading of the foresaid letters, the foresaid
parties, named in foresaid letters, bound themselves faithfully, and swore on
the most holy evangel, to observe, all and sundry, contained and expressed in
foresaid above written letters, by the most strict form of obligation, as far as
concerned and pertained to either of them : Upon which, all and sundry, the
said parties sought from us, notaries public subscribed, public instruments, one
or more to be made for them or either of them : These things were done in the
chamber of Sir Donald Thomson, scribe of the Consistorial Court of Moray, the
second hour after mid-day or thereabouts, in the year, month, day, indiction,
and pontificate as above : Present there the honourable and discreet men-
Robert Innes of Rothnagueze ; Walter Innes of Towis ; Thomas Innes of Mylton
INVERNESSIANA. 190
James Innos ; Walter Innes ; Andrew Innes ; Master Alexander Kinpont, rector
of Abirlour ; and Sirs Donald Thomson, "William Brabner, Thomas Hay, notaries
public, with divers otlier witnesses, to the premises called and also required.
And I, Donald Thomson, priest of the diocese of Moray, notary public, by
authority of the Emperor and the King, was i^resent at the presentation of the
above written letters and the reading of the foresaid obligation, and at the
other things, all and sundry, together with the above written and subscribed
notary and witnesses, while thus, as is premised, they were acted, said, and
done, and saw, knew, heard, and took note th;it they, all and sundry, were thus
done : I, therefore have made therefrom this present public instrument, faith-
fully written with my own hand, and have reduced it into this public form,
and have signed it with my accustomed and wonted sign, name, and subscription,
being called on and requested so to do for faith and testimony of the truth of all
and sundry the things premised.
And I, Andrew Johnson, priest of the diocese of Moray, &c., [to the same
effect as the above,]
In the name of God, Amen : By this present public instrument, be it clearly
known to all that in the year of the incarnation of the Lord 1520, on the 14th
day of the month of July, in the 8th indiction, in the 8th year of the pontificate
of the most holy father in Christ and our Lord, by divine Providence Leo 10th,
Pope : In presence of the notary public and the witnesses subscribed : The
honourable man John G-rant in Lecoquhy, personally constituted in ijresence of
the honourable man John Robertson, bui'gess of Elgin, bailie in this part ;
also the honourable man William Hay, Lord of Mayne, and lord superior of the
hinds of Culcabock and Knockintinnel, specially named, personally compeared,
and came and presented and exhibited a precept of the said Lord of Mayne,
as lord superior of said lands of Culcabock and Knockintinnel, written on parch-
ment, with his proper seal appended thereto, impressed on red and white wax,
neither erased, nor cancelled, nor in any way as to me notary public under
written seemed prima facie, sufficiently evident, suspected or affected by flaw,
or suspicion, commanding said bailie to give real, actual, and corporal possession
of said lands as contained in said precept to the said John ; which precej^t the
said bailie received in his hands, and then handed and delivered to me notary
public within written, to be read, and the reading and tenor of said precept to
said bailie, I read and i)roclaimecl in whole ; of which precept the tenor follows,
and is this : William Haye, lo'rd of Mayne, and lord superior of the lands and
towns of Culcabock and Knockintinnel, with the mill thereof, to my beloved
Alexander Catur and John Kobertson, my bailies in that part, conjunctly and
severally, greeting, &c : Elizabeth Paterson, lady of Culcabock and Knockin-
tinnel, lying in the earldom of Moray and within the sheriffdom of Inverness,
which lands are held of me as lord superior thereof by the honourable man
William Leslie, Lord of Buchan, procurator of the said Elizabeth, to this end
lawfully constituted in authentic writing under her proper seal, with special
consent and assent of Andrew Jak, spouse of the said Elizabeth, which foresaid
lands of Culcabock and Knockintinnel, with the mill thereof, she freely and
simpliciter by staff and baton resigned in my hands, gave uj) and demitted in
favour of the honourable man John Grant in Lecoquhy, for giving and deliver-
ing real, actual, and corporal possession to the said John : Therefore, I command
and charge you and either of you that incontinent after ye have seen these pre-
sents, ye or either of you go to said lands, and there according to the strength,
form, effect, and tenor of the charter of the foresaid Elizabeth in favour of the
said John Grant, ye confer and give to said John Grant, his heirs and assignees,
sasine, hereditary state and possession, by delivery of earth and stone, of said
lands of Culcabock and Knockintinnel with the mill thereof with the universal
pertinents, and that this ye in no way omit ; for the doing of which to you and
each of yovi, conjointly and severally, I commit by the tenor of these presents
my irrevocable power, in testimony of which thing append and cause to be a]>-
pended the seal of the one of you who gives sasine on the second tail after mine.
In token of the truth of the premises, my own seal and the seal of the foresaid
Elizabeth who resigned, were appended to these presents at the burgh of Elgin,
the 8th day of the month of July A.D. 1520, before these witnesses — William
Leslieof^uchan ; Master Gavin Leslie, rector of Kingussie ; Lord John Garreoch,
Vie^ciTof Duffus ; Lord John Foyde, and John Kobertson, witnesses to the pre-
mises called and requijed. After the reading of whicli ])recept, and the same
being inspected and considered by said bailie, he, in virtue of his office and of
the requisition of the said John Grant, bearer of said prcce])t, went i^ersonally
along with me, iiotai-y public, and the subscribed witnesses to said lands above -
written, and ou the soil of the said lauds of Culcabock as upon the chief messuage
200 INVERNESSIANA.
by giving of earth and stone, gave, donated, conferred, and bestowed upon, and
delivered hereditary sasine, state, and possession to the said John Grant, accord-
ing to the virtue, tenor, and force of the charter and precept following thereon,
as the manner is, and inducted, instituted, and invested and in i^eace demitted,
uo one contradicting, and reserving the rights of parties, to the said John real,
actual, and corporal possession of all and sundry said above written lands of
Culcabock and Knockintinnel with the mill and pertinents thereof, and upon
all and sundry which things the said John Grant sought of uie, notary -public
under-written, public instruments one or more to be made for him. All these
things were done on the soil and ground of the lands of the town of Culcabock
the eighth hour before noon or thereabouts, in the year, day, month, indiction,
and pontificate as above ; present there — the discreet men, John Cuthbert of
the Old Castle, Thomas Waukland, James Symondson, James Dempster, Alex-
ander Anderson, Farquhar M'Neil, burgesses of Inverness ; John M'^Valter, and
Patrick Faid, messenger, with divers others, to the premises called and specially
required.
The annexed is probably the oldest lease extant connected
with property in the town. The merchants of the present
day, with their spacious and hands :)me shops, may be sur-
prised to hear that three centuries ago a space ten feet long
and two and a-half deep was thought worthy of being set ou
a formal lease. The paper is marked on the back, '' Asseda-
tion of the Council and Community of Inverness of the little
timber shop appended to the Tolbooth to William Robert-
son :" —
To all and sundry whom it cffeirs, to whose knowledge these present letters
shall come,— John Cuthbert, Alderman of Inverness, Robert Reed, Robert
Waus, and James Symondson, bailies, with the consent and assent of the most
part of the community of Inverness, to have set for annual rent and by the
tenor of these presents for us and our successors set and for annual rent let to
our neighbour William Robertson, burgess of Inverness, his heirs, executors, and
assignees, the rowme of a shop lying on the south side of the Tolbooth of Inver-
ness, containing in length ten feet and in breadth two feet and half a foot, a foot
under the old " Kukstuyll," and bewest the Tolbooth stair, the said William
Robertson, his heirs, executors, and assignees i^aying to the common purse and
rental man whatsomever two shillings usual money of Scotland at two terms of
the year, that is to say, Whitsunday and Martinmas, for the which we and our
successors shall warrant, maintain, and defend the said W^illiani, his heirs,
executors, and assignees in the peaceable brooking of the said lands for now and
ever. In witness whereof to these presents we have affixed our common seal.
At Inverness, the 3d day of October, the year of God 1522 years, before these
witnesses— James Dempster, John Anderson, W^illiam Paterson, Saunders
Skinner, Thomas Sanderson, and Richard Coj)land, with others divers.
It would appear that the burgh possessed a " cuck-stool,"
the use of which is explained in the following extract : — "A
woman indicted for being a common scold, if convicted,
shall be placed in a certain engine of correction, called the
* trebucket,' * castigatory,' or ^cucking-stool"; which, in
the Saxon language, signifies the ^ scolding-stool ;' though
now it is frequently corrupted into the ' ducking-stooF ;
because the residue of the judgment is, that when she is
placed therein, she shall l3e plunged in water for her
punishment."
At Inverness, on the 3d day of December lo2'3, Engine
Faber sells to the honest man Henry Symondson, burgess
of Inverness, a particate of burgage land built upon, lying
INVERNESSIANA. 201
within the burgh of Inverness, in the street called Dooms-
dale, and on the east side thereof, and which lies between
the land of Patrick Brabiner at the north, and the land of
the foresaid Henry at the south, whose front extends to the
King's common highway at the west, and the back to the
old ditch and the " Barnehyllis" at the east. The reddendo
is to our Sovereign Lord the King, 5d, at the two terms
appointed within the burgh, and 2s at said terms, by equal
portions, to the chaplain of St John the Baptist, who shall
for the time be performing divine service within the Parish
Church of Inverness. Andrew Auchlek, one of the bailies,
gives sasine and appends his seal. The witnesses are the
discreet men Master John Brown, Wm. Reid, Donald Cuth-
bert, John Ostlar, John Broun, John Dow, and Andrew
Poip, officer, with divers others called and required. John
Scot is notary.
LXXIL
JAMES V. 1513-1542. PART THIRD,
The whole ecclesiastical staff at Inverness either did not
know what their precise duties were, or more probably ne-
glected them, and were in consequence, from the vicar down
to the parish clerk, cited before the Bishop of Moray, at the
instance of the Provost and Bailies of Inverness, as repre-
senting the community.
The Bishop's decision, which prescribes the various offices
and duties is now given. It will be observed that for breach
of the orders, fines are to be imposed, and if there should
occur a contumacious absence of three months, deprivation
of office might follow. The deed is very interesting, and
contains the names of all the ecclesiastics with their offices.
It is dated 22d August 1523:—
John, by divine mercy, Bishop of Moray, to all and sundry to whose knowledge
the present letters shall come ; Greeting, in the Saviour of all : Know that on
the day of the date of these presents there compeared before us the honest and
discreet men, the lords and masters, James Hepburn, rector of Ryne and per-
petual vicar of the Parish Church of Inverness ; William Bawdoun, curate
thereof ; Magnus Wans, parish clerk of said church and chaplain of St Peter,
in the same, for himself, and as procurator of Lord Hugh Waus, his brother
chaplain of the altar of St Michael in said church ; Andrew Cutberd, by a pro-
curator ; John Auchinlek and John Scott, chaplains of the altars of the blessed
Virgin Mary, St John, and St Catherine the Virgin, founded in said church,
being lawfully cited by our letters of citation on the one part ; and the Provost
and bailies of the aforesaid burgh of Inverness, in their own name and on behalf
of the community, on the other, with respect to the service and manner of the
oflBces of divine worship — viz., vespers and other hours in said church, and the
form of attendance at service, and ministration of said curate, clerk, and chap-
lains: After many altercations, at length we, James, Bishop of Moray, on
B 2
202 INVERNESSIANA.
whom it is duly incumbent, by virtue of our pastoral ofBce, to bring about as
much as we are able the increase of divine worship, to lead the good, reprove
the slothful, and to unite iu love aud peace those who disagree, having heard the
allegations and replies of both the above said parties, and having the merits of
the case before us, with the intention and purpose as above, with the express
consent and assent of saids Provost, bailies, and community, and of the vicar,
curate, clerk, and chaplains, by the advice and counsel of the canons, worshipful
men, and men skilled in the law, for the time assisting and advising us, we
have made, decerned, and ordained, and by our ordinary authority make, decern,
and by the tenor of these presents conform the underwritten foundation, ser-
vice, and attendance to endure in times to come in said Parish Church of Inver-
ness : _ In the first place, the curate of said church, who for the time shall be, or
the vicar, if they are engaged personally in the cure, are to reside there for
ever in times to come, to chant high mass at the high altar on Sundays, festivals,
rogations, and other solemn days, according to the custom of said church, to
chant there and be engaged in chanting of vespers on said days, Saturdays, and
the vigils of the saints, and to minister and perform the other duties which are
incumbent upon a vicar or curate to exercise, together with the duties of the
cure of said church, according to the praiseworthy custom of our diocese
hitherto observed in said church, and the parish clerk, who for the time shall
be, is to be similarly engaged in said offices, vespers, and holy processions,
there to minister and chant, reside in said church, and to perform the other
duties annexed and pertaining to his office, according to the praiseworthy customs
of said church, and they shall be bound each and all strictly, as we by our ordi-
nary authority bind them to the i^remises, and with their consent in times to
come for ever, for themselves and their successors : Moreover, the said chap-
lains of the altars of the Holy Cross, the blessed Virgin Mary, and of St Peter,
St John, St Catherine, and St Michael, each and all, shall be bound for himself
and his successors, to reside personally in their chaplainaries in foresaid church
by reason thereof, to worship and serve in the masses at the altars founded for
their founders and others faithful in Christ, to preserve and guard the orna-
ments attached to the altars founded, and according to the custom of said
Church, to be engaged in chanting on all Sundays, and on solemn and other
festival days, and their vigils, as well as at vespers, and in high mass, processions
and vespers, iu the stalls within the choir, clothed with surplices and an honest
and befitting dress, and there to chant and serve, and to perform the duty in
turn of sub-chanter, to wear mantles, and adorn the divine worship according as
seems fit, as we by our ordinary authority and with their consent, assent, and
desire, and that of the said provost, bailies, and community of the burgh, bind
them to the premises in name of their chaplainaries : Also, by like decree,
we have appointed and ordained, in order to the more strict observance of said
foundation, for the punishment of said curate, clerk, vicar, and chaplains, if they
are away, or absent themselves from, said divine duties as foresaid, that whoever
is absent shall be bound for his absence on Sundays, and festivals, to make
payment to the collector who for the time shall be, and shall be compelled in
the premises by our commissary of Inverness who shall for the time be, by
ecclesiastical censure, for vespers, 4 pence ; masses, 6 i^ence ; and processions,
2 pence ; and for feasts likewise double the principals, that is, twice the said
sums, unless it happen they are absent from a just cause, known to the collector,
and unless they have had leave of absence : Which collector shall be deputed
and named by us and our commissaries yearly in our synodal chapter, with
the advice of the chaplains of said church of Inverness, and he is bound to
render any account and state of said moneys received for absences to the other
chaplains, and he is likewise bound and obliged to dispose of and distribute
these towards pious uses, and specially for the repair of the common altar,
and of those founded for said chaplain, according as shall seem expedient to
him with the counsel and advice of our Commissary-General of Moray : If,
moreover, it shall happen that said parish clerk or the chaplains founded and so
fixed to residence as is premised or any of them be absent without just leave for
the space of three months from said residence, observance, and service, and
they being so absent unlawfully after being cited and summoned in said Church
by our Commissary- General of Moray, sentence of deprivation because of non-
residence shall be given and published against such absentees, with free power
to those upon whom it is incumbent, of disposing of the chaplainships and
offices of said absentees, and accordingly we command such to be granted and
given : In testimony of which thing owv round seal is appended to these pre-
sents, confirmed by our hand and by the subscribed notary. At Spiny, the
22d "day of the month of August a,d. 1523, and of our consecration the 7th
INVERNESSIANA. 203
5near. Present there the venerable father in Christ, Lord Geoi-ge, prior of Plus-
eardine; "William Lame alias Pany teir ; Anselm Kobertsou, cunous of our Church ;
Thomas Crag and Thomas Gaderar, notaries public.
And I, Thomas Crag, priest of the diocese of Aberdeen, notary public, by holy
apostolic authority, forasmuch as I was present witli the fore-named witnesses
at said foundation, obligation, prescription, and consent, and all and sundry
the other premises, while thus, as is premised, they were acted and done,
and took note of the same, and also of the process, present foundation sealed
with the seal of the said reverend father, I, therepon, being requested in
testimony of the premises attached my sign and subscription.
(Signed) Ja. Morav.
Upon the 10th January 1524-5, Hugh, fifth Lord Lovat,
was served heir to the family estates at Inverness. This
same year Magnus Waus, vicar of Dalcross, and commis-
sary of Inverness, is one of the witnesses to the collation by
the Bishop of Moray, in favour of Alexander Sutherland,
rector of DufFus, to the perpetual chaplaincy of St Mary's
cloister of Duff us.
LXXIII.
JAMES V. 1513 1542. PART FOURTH.
At Inverness, on the 30th of April 1527, the following
Bond of Offence and Defence was entered into betwixt Sir
John Campbell of Cawdor, Hector Mackintosh, Captain of
the Clan Chattan, Hector Munro of Fowlis, Donald Mac-
donald of Sleat, and Hugh Rose of Kilravock. Macdonald
is styled ^^ Donald His of Slate," and it is after and from
him that the family of Sleat, now represented by Lord Mac-
donald had the patronymic in Gaelic of '^ Macdomnlmill nan
Eilean^'' or Macdonald of the Isles, to distinguish this family
from other branches. It has been alleged that neither this
Donald, nor his co-temporary and namesake, Ian Muidar-
tach, were of legitimate descent ; —
Be it made known to all men, by this present writ, us, John Campbell of
Cawdor, knight. Hector Mackintosh, Captain of the Clan Chattan, Hector
Munro of Fowlis, Donald His of Slate, Hugh Rose of Kilravock, to be bound
and obliged, and by the tenor hereof, and the faiths in our bodies, honestly and
truly, without fraud or guile, bind and oblige us, in the strictest form and style
of obligation, that we and each one of us, shall keep honest, loyal, and true part
to the others, and do each one for the others, in all manner of just, lawful, and
honest causes or quarrels, moved or to be moved, or that either of these foresaid
persons has or shall have, to do with in times coming, and that neither of these
foresaid persons, shall not know nor hear, either of the others skaiths, but shall
warn each one the other, as brothers or amiable friends should do, each neigh-
bour to the other. And if it happen that any other man or men, that are now
at discord with any of these foresaid persons, desire any manner of bond or kind-
ness cf any of these persons fore- written, that neither of the said persons shall
Dot make no manner of bond with any other, without the advice and consent of
all the persons foresaid. And when need be, that any of us charge the others,
that we shall convene and foregather, each one to defend the others, in all and
sundry causes foresaid : And for the observing and keeping of all these points
foresaid, all these iiersons fore-writteu, have sworn the sacrament, and holy
204 INVERNESSIANA.
evangelist touched, and for the more verification and security have subscribed
this present writ and bond with their hands, or hand, at the pen, at Inverness,
the last day of April, in the year of God 1527, before these witnesses — John
Williamson, Donald William AUanson, his brother, Robert Campbell in the
Moye, Alexander Doles, and Sir Donald Munro, notary public, with others divers
and sundry,
(Signed) John Campbell of Cawdor, Knight.
Hector Mackintosh, Captain of the Clan Chattan,
with my hand at the pen.
Hector Munro of Fowlis.
Hugh Rose of Kilravock.
Donald Ilis of Slate, with my hand at the pen.
King James granted the following Charter of Confirma-
tion to the Friars of Inverness of the previous Charters al-
ready quoted of their respective dates, by Alexander II. and
Robert the Bruce. In the narrative, it will be observed,
that from length of time and negligent preservation, these
Charters appeared wasted and partly spoiled. The Charter
is dated at Perth, on 31st August 1530, and is as follows: —
James, by the grace of God, King of Scots, — To all good men of his whole
land, Clergy and Laity ; Greeting : Know ye, for as much as we have examined
and considered two Charters, granted by our late most noble progenitors of happy
memory, Alexander, King of Scots, and Robert, King of Scots, to our devout
mendicant preaching Friars of our Burgh of Inverness, viz. : The one Charter,
containing therein a grant of our Royal Highway, lying in length from the water
of Ness, as far as the lands granted to them by the Abbot and Convent of our
Monastery of Arbroath, and extending in breadth between the burying-ground
of the Parish Church of the said Burgh, and the walls of the place of the said
Friars, together with the Island lying on the north side of the said place, and on
the south side of the said water,* with the whole water and fishing thereof , from
the foresaid highway, as far as the Scurrie, in pure and perpetual charity ; and
the other Charter, containing therein a grant of ten pounds ot the money of our
kingdom, out of the customs of our said Burgh, to be paid annually to them, as
is more fully contained in the said Charters, to that effect as under-written ;
and whereas, from length of time and negligent preservation, these Charters ap-
pear wasted and partly spoiled, whereof the tenors follow, in these words : —
*' Alexander, by the grace of God, King of Scots, — To all good men of his whole
realm ; Greeting : Know ye, that we have given, granted, and by this our pre-
sent Charter, confirmed to our endowed chaplains, the preaching Friars of In-
verness, serving, and who shall serve God there, that our Royal Highway, lying
in length from the water of Ness, as far as that land which the Abbot and Con-
vent of Arbroath gave to them for ever, and in breadth between the burying-
ground of the Parish Church and the wall of the said Friars, and that Island of
our land lying on the north side of the said Friars, on the south side of the water
of Ness, with the whole water and fishing from the foresaid Friars' Road, as far as
Scurry, in pure and perpetual charity, with all commodities, liberties, and ease-
ments, to be enjoyed freely, quietly, honourably, well and in peace, for ever,
just as any land is given and granted to religious men in our kingdom, — Wit-
nesses, Alexander Comyne, Earl of Buchan, Constable and Justiciary of Scot-
land, Donald, Earl of Mar, Ingeram de Genes, and Reginald de Schenpatre,
Knights, at Berwick, the 20th day of May, in the 26th year of our reign.
"Robert, by the grace of God, King of Scots, — To all good men of his whole
realm ; Greeting : Know all present, and to come, that we, for the honour of God,
and the glorious Virgin Mary, his mother, and the blessed Bartholemew, have given,
granted, and by this our present Charter, confirmed to the preaching Friars of
Inverness, as an endowment of his Church, ten pounds sterling, annually, to be
received through the hands of our provosts for the time, out of the rents of our
Burgh of Inverness ; To be holden by the said Friars, serving and who shall
* Of old, the River Ness at its embouchure, formed a delta. The main stream issued
by the Abban ; and, in consequence of the flatness of the soil, several islands were
thereby formed, such as the IVJerk Inch, Chapel Inch, &c. In all probability, the laud
now known as the Capel Inch (a corruption for Chapel Inch or island) is the isle re-
ferred to.
INVERNESSIANA. 205
serve God, for ever, of us, and our heirs, in free, pure, and perpetual charity,
and to be received in each year, through the hands of said provosts, in the town
of Inverness, out of our rents of the town, as aforesaid, at two terms in the year,
viz., one-half at the feast of St Martin, in winter, and the other half at the feast
of Pentecost. In testimony whereof, to this our present Charter, we have or-
dered our Seal to be affixed, — Witnesses, Edward de Brus, Earl of Carryk, our
beloved brother, Thomas Randolph, Earl of Moray, our nephew, John de Mene-
teth, Robert de Keth, our Marshal of Scotland, Gilbert de Hay, and Henry de
Saintclare, Knights : At Dundee, the 21st day of October, in the eighth year of
our reign."
Therefore, we, for ourselves and our successors, approve, ratify, and for
us and our successors for ever, confirm, as above- written, the foresaid Char-
ters in all the points and articles therein contained ; And we will and ordain,
that as great and the like faith be given to this our Charter of Confirmation,
made upon the premises, as might be given to the said principal Charters, if pro-
duced in judgment. In testimony whereof, to this our present Charter of Con-
firmation, we have ordered our Great Seal to be affixed : At Perth, the last day
of the month of August in the year of our Lord, 1530, and in the 17th of our
reign.
Upon Sept. 3 1530, Mr Thomas Stewart, Treasurer of
Caithness, Mr Andrew Petre, Yicar of Wick, Mr John Ir-
land. Sir John Symsone, William Murray, senior, and Hugh
Grot, Chaplains, Mr John Thomson, Rector of Olrik, Sir
David Hede, Sir William Irwin, Chaplains, found caution
(John, Earl of Athole) to appear at the Justice-aire of In-
verness, to underly the law for art and part of the cruel
slaughter of William Sutherland of Dufhouse (Dufius),
and other persons slain at the same time.
LXXIV.
JAMES V, 1513-1542. PART FIFTH.
•
Upon the 9th February 1531, by the Treasurer's Accounts,
a sum, of which the amount is not mentioned, is paid to
Duncan Richie, to pass with a Summons of Treason against
the men of the Isles, to be executed at Inverness.
At Inverness, on 26th day of June 1531, Thomas M'Myl-
ler sells to his beloved John Myller, a particate of land
burgage, lying in the Burgh of Inverness, in the street com-
monly called Doomsdale, and on the west side thereof ; The
said particate lies between the land of Marjory Coupland,
relict of the late William Duncanson, burgess of Inverness,
at the south on the one side, and the land of the foresaid
John Myller at the north, and the front of which extends to
the King's highway at the east, and the back to the Castle
hill at the west ; The Reddendo payable by the said John
Myller is, to our supreme Lord the King, 5d, and to James
Reid, burgess of Inverness, his heirs and assignees, 3s, at
two terms in the year, used and wont, by equal portions.
Sasine is given by the honourable man, William Robertson,
206 INVERNESSIA.NA.
one of the bailies, who also affixes his seal. The witnesses
are, John Ostlar, James Symondson, James Johnson, Patrick
Brabner, Farquhar Graischt (the shoemaker), Andrew Poup,
and John Roy and Henry Brabner, officers, with divers others
to the premises, called and also required. John Scot is
notary.
It was in this year that the Tower of Halhill in Petty was
destroyed by the Mackintoshes, along with 24 of the name
of Ogilvie, by reason of the Earl of Moray improperly grant-
ing the lands of Petty and others, to Ogilvie of Strathnairn.
Three years afterwards, the Mackintoshes attacked and
destroyed the Castle and Place of Daviot, and at Inverness,
on the 11th May 1536,
James Grant of Frewchy, John Grant of Ballindalloche,
and John Grant of Culcabok, found surety to the amount of
1000 merks each, to underly the law at the next Justice aire
(at Inverness), for art and part of the assistance given to
Hector Makintosche and the late William, his brother, at
the time of the besieging of the Place and House of Davy
(Daviot), within Strathnairn, belonging to James Ogilvy ;
And for the treasonable burning of a great part ot the houses
and buildings thereof, and the houses and buildings of the
tenants of Dyke, Ardrossere, and other lands ; And for
the slaughter of women, men, and children, to the number
of twenty persons ; And for stouthreif and "• hereschip" furth
of the said place and houses, and from the ground of the
said lands, of all the grain, cattle, victual, goods, utensils,
and household stuff, to the value of l2,000 li, committed by
the saids Hector, William, and their accomplices in the year
1534 ; And for resetting, suppljang, intercommuning, and
assistance given and afforded to the saids Hector, William,
and their accomplices, after they were denounced rebels, &c.
Upon the 16th February 1532, The Earl of Huntly,
Keeper of the Castle of Inverness, is released from building
the Castle for five years, for various reasons, among others
that he is as yet not grown in substance to make the said
buildings.
From the Treasurer's Accounts, under date 18th Septem-
ber 1532, there is the following entry: —
Item, to Williame Cristesoune, messinger, deliuerit lettres to the Sheriffs of
Forfar, Elgin, Forres, Kincardine, Inverness, Cromarty, Nairn, Aberdeen, and
Banff, to be proclaimed within their bounds, charging all men, betwixt 60 and
16 years, to make them ready, upon 24 hours' warning, to pass hodin, &c., with
the King's grace or his lieutenant, with 8 days' victual, under the pain of tinsel
of their lives, lands, and goods : And also delivered lettres to the Earls of Moray
and Huntly, Lords Saltoun and Ogilvy, charging them to come with diligence to
advise for defence of the realm against the enemies of England. 54/.
INVERNESSIANA. 207
At Inverness, on the 20tli of May 1533, William Gollan,
burgess of Inverness, son of the late honourable man, John
Gollan, burgess of said burgh, sells to his beloved neighbour
James Symondson, burgess of said Burgh of Inverness,
a piece of uncultivated land, lying on the Hill, called
'' Barnhills," between the land of Sir Andrew Bayne at the
south, and the land of the foresaid James at the north, whose
front extends to the lands of the foresaid James at the west,
and the back to the common passage of the Barnhills at the
east. There is no reddendo. David Cuthbert, one of the
bailies of the burgh, gives sasine, and affixes his seal in sign
thereof; and the witnesses are James Johnson, James
Dempster, burgesses of Inverness, Sir Andrew Dow, chap-
lain, Thomas M^Anevan and George Symonds, an officer,
with divers others specially called and required. John Scott
acts as notary public.
At Inverness, on the 4th day of November, a.d. 1533,
Sir Thomas Foulis, lawful and nearest heir of Margaret
Coupland alias Brabiner, sells to his beloved John Cum-
miiiig alias Miller, burgess of Inverness, one rood of land
lying in Doomsdale Street, on the west side of said street,
between the land of Sir Andrew Duff at the south on
the one side, and the land of the said John Millar towards
the north, whose front extends to the King's Common
Highway at the east, and the back to the Castle hill at the
west. The reddendo is the burghal service, used and wont
to the King, and to the heirs of James Reid, burgess of In-
verness, three shillings yearly ; William Paterson, bailie,
gives sasine ; and the witnesses are, the honourable men,
Donald Cuthbert, John Gollan, William Cuthbert, Thomas
M'Coleir, Thomas Paterson, John Forsicht, Claviger ; and
George Cordiner, servant, with divers others.
The following obligation betwixt Sir John Campbell of
Cawdor and the Macleods of Dunvegan and Minginish, is
dated at Inverness, the 10th day of November 1533 : —
At Inverness, the 10th day of November, in the year of God, 1533 years,
it is appointed, concorded, and finally ended, betwixt honourable men on both
parts, viz. — Sir John Campbell of Cawdor, Knight, on the one part, and Alex-
ander Macleod of Dunvegan, and John Macchormeit of Menyenis, on the other
part, in manner, form, and effect, as after follows, viz, — the said Sir John Camp-
bell is bound and obliged by the faith and truth of his body to fortify, supply,
maintain, and defend the said Alexander and John Macleod in their rights,
quarrels, actions, and matters, moved or to be moved whatsomever, like as I
should do to my loved and tender friends, keeping my promise of loyalty made,
the one to the other of before, and shall whenever injuries befal either of us,
the said parties, fulfil the bond of gossipry, when any of us are charged by the
otVier party in honour and loyalty, as gossips should do : And, in likewise, the
said Alexander and John Macleod, are bound and obliged by the faith and truth
in their bodies, to stand loyal, ti"ue, and honest, to the said Sir John Campbell,
in opposition to all others, the King's grace, my Lord of Argyle, and my Lord of
208 mVERNESSIANA.
Moray, only excepted. In witness of the which, to be held firm and stable,
without any revocation, obstacle, or againcalling, I, the said Alexander Dun-
vegan, have subscribed this present writ, with my hand, and to the more security
of this to be kept, I have affixed my proper Seal hereto, this part remaining with
the said Sir John, year, day, and place above-written, before these Witnesses —
Sir Finlay, parson of , Rorie McAne Yyckrore, Sir John M'faell, Sir John
M'Chrummen, with others divers persons.
On 14th April 1534, a jury served the Lady Muriel of
Cawdor at Inverness, as lawful and next heir of Mariot
Sutherland, formerly Lady of Cawdor, and grandmother of
the said Muriel. On 6th November 1539, she is served heir
to her great grandfather, Alexander Sutherland.
LXXV.
JAMES V. 1513-1542. PART SIXTH.
Upon the 29th October 1534, John Campbell of Cawdor
indicted and tried at Inverness, for the burning of the Castle
of Davy (Daviot), and the slaughter of Hector MakKynoch
and David , and for spuilzie of certain cattle, horses,
and other goods from James Ogilwy, is acquitted under the M
Seal of the Great Justiciar. I
From the Inshes Papers, the following Charter of Aliena-
tion of a piece of a rood of land at the East Gate of Inver-
ness is taken« The deed is granted by John Reid, described
as John the Tailor, in favour of John Cumming, styled John
the Miller, and is dated 20th April 1535. The granter or
his predecessor had planted "rodding trees" in his yard,
doubtless for protection against witches and evil spirits, and
it is the land beyond these trees which is conveyed. The
rowan tree has ever been a favourite in Scottish poetry: — .
Be it made known to all men, by these present letters, that I, John Reid,
tailor, son and lawful heir to the late Donald Eeid, indweller in Inverness, have,
of my own free will and for my profit sold, alienated, and by the tenor of this,
my present Charter of Alienation, freely sell, alienate, without any revocation
but perpetually from me, the said John lleid, my heirs, executors, and assignees
irrevocably sell, alienate, and away-give to my traist friend, John Cumming
alias Myller Bayne, burgess of Inverness, his heirs, executors, or assignees what-
somever, a piece of a rood of land which myself dwell in, pertaining to me heri-
tably ; that is to say, from the redding treiis in my yard, down to Robert "Waus's
barn, in so far as pertains to me, or that I have just right to, with the bigged
barn, bigged on the tail of my said rood, as it lies in length and breadth, justly
marched, as use and wont, for a certain sum of money paid, delivered to me, and
in my uses allanerly, disponed to the sustentation of me, redding and outquitting
of my debts, of the which sum, in haill and in part, I, the said John Reid, grant
me well-contented and paid of the same ; and by the tenor hereof, quitclaim,
and discharge the said John Myller, his heirs, executors, and assignees from me,
my heirs, executors, and assignees whatsomever, for now and imperpetually :
The which piece of land, as said is, to be brooked and enjoyed imperpetually by
the said John, his heirs, executors, or assignees from me, the said John Reid,
tailor, my heirs, executors, or assignees, without any revocation of me or them,
or any other in our name, without any manner of annual rent, king's mails, or
INVERNESSTANA. 209
kii'k mails whatsomever; but, at the other part where I dwell, to the said treiis
from the under part, as I have alienated in all manner of sort, and acquit it with-
out any trouble or care to the said John and his heirs, and also I, the said John
Tailor, bind and oblige me, my heirs, executors, and assignees, on the faith of
our bodies in the strictest form and style of obligation (which) can be devised,
renouncing all exceptions, delatory and peremptoiy, all Acts of Parliament or
Constitutions made, or to be made in the law, or by the law to warrant, main-
tain, or defend the said lands, as my alienation proi^orts in haill and part, as free
as is foresaid, without any paying of annual, king's mail, or kirk annual, but that
the former land relieve all the under land sold and alienated, as said is, to the
said John Gumming, alias Myller, by me, the said John Keid, alias Tailor, by-
all our goods, moveable and unmoveable, present or to come ; and what costs,
skaiths, damages, and expenses, the said John Gumming, alias Myller, sustains
by any process of vacating of the said land, I, the said John Reid, alias Tailor,
shall pay and thankfully deliver to the said John Myller, before the beginning of
a legal process, and shall warrant, maintain, and defend, the said piece of land,
in length and breadth, as said is, with bigging, bigged or to be bigged by the said
John Myller, his heirs, executors, or assignees, imperpetually for now and for
ever : In witness hereof, to this my present Gharter of Alienation, I have affixed
my proper Seal, together with my subscription, with my hand on the pen, and
for the more verification, I, the said John Reid, Tailor, have procured with in-
stance, the seal of an honourable man, Donald Guthbert, bailie for the time,
who received my resignation in his hands, of the said piece of land, and thereafter,
gave to the said John Gumming, alias Myller Bayne, his heirs, executors, and
assignees, from me, my heirs, executors, and assignees, heritable state and pos-
session by earth and stone, as use is, in burghs, and put the said John Gumming,
alias Myller Bayne, in actu.al, real, and corporeal possession of the said piece of
land, and in token thereof has affixed his Seal, on the second tag after my Seal :
At Inverness, the 20th day of Api'il, in the year of God, 1535 years, before these
witnesses — John Buddyt, John Duff, James Symondson, James Bure, Thomas
McAne Man, Andrew Moir, and Donald McAne Merthich, and Hugh Brabiner,
Serjeant, with others divers and sundry.
Magnus Waus, vicar of Abertarff, having been presented
by the Burgh to the Chaplaincy of St Catherine, Alexander,
Bishop of Moray, grants the following Letters of Induction
and Collation, dated at Perth, the 20th day of November
1536:—
Alexander, by the mercy of God, Bishop of Moray, perpetual Gommendator
of the Monasteries of Scone and Inchechaffray, to our beloved William Baldon,
perpetual Vicar of Inverness, and also to all and sundry priests, curates, and
non-curates, throughout the diocese of Moray wheresoever constituted and re-
quired, for the due execution of these presents ; Greeting, with, divine benedic-
tion : Forasmuch as the Ghaplaincy of the Blessed Virgin Catherine, founded
and situated within the Parish Ghurch of Inverness is vacant, dejure and de facto,
by the decease of the late Lord John Auchlek, last chaplain and possessor there-
of, and belongs and jiertains of full right to the presentation of the provost,
bailies, and community of the Burgh of Inverness, and our ordinary collation,
we confer and bestow it by these iDresents, on our beloved Lord Magnus Waus,
vicar of Abertarff, and our Commissary of Inverness, the presentee of said i)ro-
vost, bailies, and community, by their letters, under their Common Seal, of date,
at the Burgh of Inverness, the 25th day of the month of September, A.D. 1536,
shown and ipresentedto us, by placing of our ring on his finger, and committing
fully to him the cure, government, and administration thereof ; We, therefore,
command and strictly order you, and each of you, in virtue of holy obedience
and under j)ain of suspension, by these presents, that without delay, ye induct,
avest, and place the said Lord Magnus Waus or his procurator, in and to real,
actual, and corporeal possession of said chaplainship, and of all and sundry, the
rights, fruits, and pertinents thereof, and when inducted and invested canoni-
cally, that ye defend him, and cause him and his factors to be fully presented
with all and sundry, the fruits, revenues, and emoluments thereof, and strictly
restrain contradictors and rebels, if there be any, by church censure ; and in
token of your said induction and of your giying possession, and that ye have
executed these presents, place your seal, on the second tail, after ours, to these
c 2
210 INVERNESSIANA.
presents, which are to remain for ever, with the said Lord Magnus Waus, or
otherwise, cause it to be notified to us by a notary public : In faith and testi-
mony of all and sundry the premises, these present letters of our collation, sub-
scribed with our hand, we have commanded to be made, written, subscribed,
and published by a notary public, and have ordered and caused them to be pro-
tected by the appending of our round Seal : Given and done in our hospice,
within the B\irgh of Perth, the 20th day of the month of November, A.D. 1536,
the tenth indiction, and the 3d year of the Pontificate of the most Holy Father
in Christ, and our lord. Lord Paul, by divine providence. Pope III. Witnesses
there— The venerable father in Christ, Father Robert, Abbot of Kinloss, Alex-
ander Sinclair, Norman Leslie, Master William Kemp, William ZeviU, Lord
Hugh Grey, vicar of Rothemay, notary public, with divers others.
(Signed) Alex. Mokaven.
And I, Lord Hugh Grey, Priest of the Diocese of St Andrews, notary public,
by holy Apostolic authority ; Forasmuch as I, along with the witnesses fore-
named, was present at all and sundry the premises, while thus, as is premised,
they were acted, said, and done ; and saw,knew, heard, and took note that they
all and sundry were thus done ; I have therefore made therefrom, this present
public instrument of collation, written by another hand, faithfully written, and
I have reduced it into this ijublic form, and have signed it with my accustomed
and usual sign, name, and subscription, being called on and requested so to do,
for faith and testimony of all and sundry the aforesaid.
LXXYI.
JAMES V. 1513-1542. PART SEVENTH.
Upon the 4th August 1537 the sum of one shilling is
charged in the Treasurer's Accounts as paid to John For-
syth to pass to Banff, Elgin, Forres, Inverness, and other
places needful, to discharge the Earl of Moray of his lieu-
tenancy in the north parts.
At Inverness, on 30th October A.D. 1537, William Gorre, inhabitant in In-
verness, grants to his beloved Thomas Mann and Marjory Gorre his wife, and to
the longest liver of them and their heirs lawfully begotten, whom failing, to the
said Thomas' heirs whomsoever, " one particate of land built upon, lying on the
west side of the Church Street of Inverness, between the land of Thomas San-
derson at the south and the land of the Preaching Friars of Inverness at the
north, whose front extends to the King's common highway at the east and the
back to the lands of the heirs of Farquhar Johnson at the west." The reddendo
is 2^d to our Lord the King, and to the heirs of John Kar two shillings of the
usual money of Scotland,by equal portions, at the two accustomed terms of the
year. Donald Cuthbert, one of the bailies of Inverness, gives sasine of said land,
and the witnesses are — William Cuthbert, James Merchand, James Sanderson,
Andrew Makgow, William Gollan, Alexander Morrison, writer, and Bobert
Waus, notary-public, with divers others. William Gorre signs with his hand
led at the pen by Mr William Cuthbert.
The days of the Prior and Convent of Inverness were
coming to an end ; however, in 1538 they succeeded in
vindicating their right to the fishings granted them by the
Kings of Scotland. These rights were encroached on by
the burgh, as will be seen from the following notarial in-
INVERNESSIANA. 211
strument of the proceedings of a court held by Alexander
Baillie of Dunean, Sheriff of Inverness : —
In the name of God, Amen : By this present public instrument, be it clearly
known to all, that in the year of the Incarnation of our Lord, 1538, on the 28th
day of June, the 11th indiction, and in the 4th year of the pontificate of the
Most Holy Father in Christ and our Lord, Lord Paul, by divine providence
Pope III. , in presence of me, notary-public, and the undersubscribed witnesses, the
venerable, religious man, Friar Tliomas Stevenson, Prior of the Preaching Friars
of the town of Inverness for the time and the convent of the same, the Provost,
bailies of said burgh, and community occupying the salmon fishings of the river
of Ness, being cited by the letters of the honourable man, Alexander Baillie, at
the time Sheriff of Inverness, at the instance of the said Lord Prior of the
Preaching Friars and of the convent of the same, convened to render a reason
for the unjust occupation of the fishing, by net fishing of the western part of the
river and water of Ness, pertaining hereditarily to the prior and convent of In-
verness, opposite the eastern ditch of said friars on the one part ; and on the
other part there convened the foresaid prior and his convent, having charters
containing the donation of King Alexander, of happy memory, and also
strengthened by the seal of the now reigning illustrious King James V., of all
and whole the water of Ness, with its fishing, from the road intervening between
the place of the Preaching Friars and the Parish Church on the south side, even
to le Churry on the north : Moreover, both parties for themselves being heard,
the rights and allegations, and the complaints and statements, of each being
weighed, the foresaid Alexander Baillie, Sheriff of Inverness, holding the situa-
tion for the administration of justice, being advised by the ripe counsel of his
assessors, delivers and ordains the foresaid Provost, bailies, and the occupiers of
the Kiver Ness to desist and cease from all fishing and dragging of nets in time
coming for ever, until they shall produce more valid evidences in judgment ; and
the charter of the said friars, just shown before the said Sheriff, in defence of
said prior and convent, and examined in judgment, to be of as much force as is
more fully contained in the roll of said court made thereupon : Of and uj)on all
and sundry, the foresaid Lord Prior sought of me, notary-public, under-written,
public instruments, one or more to be made for him : These things were done
in the Court-house of said bui'gh at 10 o'clock A.M. or thereabouts, under year,
day, month, indiction, and pontificate as above : Present there, the honourable
men, William Paterson, provost of Inverness, Andrew Auchlek, James Dempster,
bailies ; Thomas Waus, John Cuthbert, of the Old Castle, and Robert Waus,
notary -public, with divers others.
The notary's docquet is similar to those given so often
already. His name is John Scot.
At Inverness, upon the 26th November 1539, a charter of
sale is granted hy Allan Keyr Mackintosh of Rothiemurchus
to Master George Gordon, Constable of Ruthven of Bade-
noch, of said lands of Rothiemurchus, with the lake and
manor or fortalice, to be held of the Bishop of Moray under
the same conditions and with the same power of excam-
bion as are contained in the charter of Alexander : Re-
serving frank tenement for the lifetime of the said Allan :
Before these witness— George, Earl of HuntJy, John Lesly
of Syde, John Gordon, son and heir-apparent of John Gor-
don of Lungar, James Murray Junior, Lord of Coubardy,
Alexander Baillie, Constable of Inverness, Patrick Trwip,
and Andrew Boyn.
In connection with the above charter, an obligation is
passed by the said Master George Gordon, baron of Rothie-
murchus, to content and pay to the Bishop 24 merks yearly,
212 INYERNESSIANA.
under pain of tinsel, of the feu of the barony of Eothiemur-
chus ; notwithstanding, the frank tenement of the said
barony is reserved to Allan Kere, for all the days of his
lifetime : And attour to deliver yearly to the Bishop 160 fir
spars, sufficient to be joists, or, at the least, so many spars as
the rental of the Bishop proports, or, as Allan Kere, or his
predecessors, used to deliver, upon the waterside of Spey,
beneath the Kirk of Eothiemurchus, on a competent place
where they may be easily cast into the said water of Spey
in float, or otherwise, as shall be thought speedful : Before
witnesses — Master James Strathauchin, parson of Balhelvie;
Master Gavin Leslie, parson of Kingussie ; Master John
Innes, vicar of Elgin ; Master John Guthery, notary. At
the Cathedral Kirk of Moray.
The venerable and distinguished man. Lord Thomas
Sutherland, prebendary of Allan, and vicar of Dyke, in the
dioceses of Aberdeen and Moray, sells to his beloved Thomas
Anderson, burgess of Inverness, and to Janet Waus, his
spouse, and to the longest liver of them, and to their heirs
male, procreated or to be procreated, and to the heirs male
of the said Thomas, procreated or to be procreated, whom
failing, to the heirs of the late Andrew Sutherland whomso-
ever, four roods of land, with one stone house, lying wdthin
the burgh of Inverness, in the Church Street thereof, on the
east side, which lie contiguous in length and breadth be-
tween the lands of James Paterson at the south on the one
side, and the lands of John Gollan at the north on the
other, whose fronts extend to the King's common highway
at the west, and the backs to the common vennel at the
east, for a certain sum of money, &c. " Reserving to me,
for my whole lifetime only, my barn, with the cornyard, as
I had formerly ; paying therefor, yearly, to our supreme
lord the king the royal service used and wont, and also to
the chaplain of the Holy Cross within the Parish Church of
Inverness 3s, by. equal portions, for the rood next the house
of James Paterson, at the terms appointed within said
burgh," &c. "In testimony of which thing, to this my present
charter of alienation my seal is affixed, together with the
seal of the honourable man, James Dempster, bailie of In-
verness, who gave sasine, &c. At the burgh of Inverness,
6th July A.D. 1540, &c. Present there — the honourable
men, Robert Waus, Patrick Dunbar, Richard Copland,
burgesses of Inverness ; Lords, William Baldon, pensioner
of Inverness ; John Waus, chaplain of St Michael, within
the Parish Charch of Inverness ; John Anderson, chaplain ;
INVERNESSIANA. 213
and Alexander Morison, messenger or mair, with divers
others, to the premises called and likewise requested. —
(Signed) Thomas Sutherland, Prebendary of Ellone, with
my hand."
Sir Magnus Waus, Commissary of Inverness, is witness
to an agreement as to marches betwixt Cawdor and Kilra-
vock at the water of Nairn, 16th November 1540. The
parties submit themselves to him and to his jurisdiction of
Inverness.
LXXYII.
JAMES V. 1513-1542. PART EIGHTH AND LAST.
Upon the 7th May 1541, a feu charter by the Bishop of
Moray, with consent of his chapter, is granted in favour of
John Grant of Culcabock and Elizabeth Innes, his spouse,
in life-rent, and to James Grant, natural son of the said
John, in fee, whom failing, to Alexander Grant, also na-
tural son of the said John, whom failing, to John, also na-
tural son of the same, and to the heirs male of their body
respectively, whom all failing, to the heirs male of James
Grant of Fruchie, of the lands of Wester Elloquhy, the
^' Portar croft," and a boat on the " ferrie cobill" on the
water of Spey, and of the lands of Kincardine, in the barony
of Strathspey, sheriffdom of Elgin and Forres ; reddendo,
£16 9s.
The venerable man, Lord John Waus, chaplain of St
Michael the Archangel, within the Parish Church of Inver-
ness, Collector of the Choir of Inverness, with express con-
sent and assent of the chaplains established within said
church, and of the Parish Clerk of said Church, unanimously
assembled, feus to his cousin, Matthew Waus, and to his
heirs male, lawfully begotten, whom failing, to the said
John Waus, and the chaplains of said choir and their suc-
cessors, two roods of burgage land built upon, lying on the
east side of the Church Street of said burgh, between the
land of Thomas Waus at the south on the one side, and the
land of James Cuthbert at the north on the other, whose
fronts extend to the King's common highway at the west,
and the backs to thee ^' Jo will powiirC^ the east, in lieu of ^
kindness and services to be done to the saids John Waus,
214
INVERNESSIANA.
and chaplains, and their successors, by the said Matthew and
his heirs, &c. Paying therefor yearly, to the king lOd, and
to the collector of said choir who shall for the time be 30s
of Scots money at the usual terms, by equal portions, as the
annual rent of said lands, and to John Cuthbert of the Old
Castle and his heirs 3s, for the one of said roods lying con-
tiguous to the lands of James Cuthbert, at the terms as
aforesaid : —
_ In testimony of which thing, my own seal, together with my manual subscrip-
tion and the manual subscriptions of the chaplains and parish clerk of said
choir for the time, in sign of their consent and assent, and the seal of the
honourable man, James Dempster, one of the bailies of Inv^erness, who gave
hereditary sasine, state, and possession of the foresaid two roods, with their
pertinents, to the foresaid Matthew Waus, by delivery of earth and stone, are
appended: At the burgh of Inverness, the 14th day of the month of July A.D.
1542, the last indiction, and of the pontificate of the Most Holy Father in
Christ and our Lord. Lord Paul, by divine providence. Pope III., the ninth year.
Present there — the venerable and discreet men. Master Thomas Denune, rector
of Kincarne ; Lords, John Nicholson, vicar of Laggan, James Duff, vicar of
Durris, William Baldon, pensioner of Inverness, John Williamson, pensioner
of Croy ; Donald Denune, William Cuthbert, William Robertson, John Mak-
gilliwe, Thomas Waus,^burgesses of Inverness ; John Tailzour, Alexander Berdy,
and George Symonson, servants, with divers others to the premises, called and
also required,
John Waus, Collector of the Choir of Inverness for the time, with
my hand.
It is so, John Scot, Chaplain of St John the Baptist, with my hand.
Lord William Baldon, Pensioner of Inverness, with my hand.
It is so, James Duff, Vicar of Durris, with my hand.
Lord Patrick Anderson, Chaplain of St Katherine the Virgin,
with my hand.
It is so, James Auchlek, Parish-Clerk of Inverness, with my hand.
The following presentation, collation, and induction in
favour of Patrick Anderson to the chaplaincy of St Catherine
names will be found that of
IS interesting.
Among other
John Reid, vicar, pensioner of Bona : —
Patrick, by Divine mercy. Bishop of Moray, and perpetual commendator of
the Monastery of Scone, to our Dean of the Christianity of Inverness, and to any
other prebendary or incumbent of the Parish Church of Inverness, and to all
rectors, vicars, perjoetual curates, chaplains, priests, attendants of altarages, who
perform divine worship throughou.t our diocese of Moray, to be called upon for
the due execution of these presents ; Greeting, with divine benediction : Foras-
much as the chaplainship of St Catherine the Virgin, founded for the altar of
the said St Catherine, in the Parish Church of Inverness, and lying within our
diocese of Moray, is, dejure and de facto, vacant, through the decease of the late
venerable man, Lord Magnus Waus, late possessor thereof, and belongs of full
right to the presentation or nomination of our beloved in Christ, the Provost,
bailies, councillors, and community of the said burgh of Inverness, and to our
collation and provision : We, from a regard of love, bestow it on our beloved son
in Christ, Lord Patrick Anderson, chaplain of the diocese of St Andrews, within
the archdeanry of Lothian, presented and nominated to us by said Provost,
bailies, councillors, and community, by letters under their common seal, who,
being constituted before us on bended knees, and accepting, by placing of our
ring on his finger with the fulness of canon law, we accordingly conferred, and
by these presents provided him with said chaplainship, and have instituted him
therein by committing to him the cure, government, and administration thereof,
as he shall answer to God and us : Therefore, strictly admonishing, we command
you, and any of you, in virtue of holy obedience, to invest and induct the said
Lord Patrick Anderson so presented and nominated, as is premised, and by us
provided and collated, in and to, real, actual, and corporal possession and insti-
INVERNESSIANA. 215
tution of said church, or as is the manner thereof, and when inducted and
invested canonically, to defend him thereafter from any unlawful movement by
any obstructor ; and cause hitn, the said Lord Patrick Anderson, or his factors,
to be fully provided with all and sundry fruits, incomes, rights, offerings, emolu-
ments, profits, and all others whatsoever pertaining to said office, and that the
stall in the choir, and the place in the chapter, of the foresaid Parish Church of
Inverness, belonging or ijertaining to said chaplainship, be assigned to him, and
that ye receive and seek him to be admitted as a brother of said church, and
when so received let it always be, by a similar oath, to observe the statutes and
customs used and wont of said Parish Church : And when ye have executed these
presents, cause to be notified lawfully by your execution and whatever ye have
done in the premises, by public instrument or otherwise. In faith and testi-
mony of all and sundry the premises, we have commanded, these our present
letters of collation or provision to be made thereupon, and to be subscribed and
published by our notary-public under- written, our scribe and notary, and we
have ordered and cau.sed them to be i)rotected by the appending of our round
seal. These things were given and done at our palace of Spiny, the 20th day
of the month of November A.D. 1542, and of our consecration the fourth year,
at eleven o'clock a.m. or thereabouts, and in the ninth year of the pontificate of
the Most Holy Father in Christ and our Lord, by divine providence Lord Paul
III., Pope. Present there, our beloved men, masters, and Lords, Alexander
Brand, John Brobne, notaries ; Alexander Innes, John Schaubell, Jasper "VVaus,
and John Innes, our servitor, with divers other witnesses to the premises called
and likewise required.
And I, William Wysman, cleric of the diocese of Moray, notary-public by
sacred apostolic authority, forasmuch as I, along with the fore-named witnesses,
was present at the collation, provision, and acceptance of said chaplainship, and
all and sundry the other premises, while thus, as is premised, they were acted,
said, and done, and took note of the same, I, therefore, have made therefrom,
being called on and requested so to do, these present letters of collation or pro-
vision, written with my own hand and confirmed by the round seal of the said
reverend Father, the Lord of Collation. Signed with my accustomed and wonted
sign, name, and subscription, in faith and testimony of all and sundry the
premises.
On the 4th of December followiDg, the discreet man,
Lord John Reed, vicar, pensioner of Bona, inducts the said
presentee into the office of St Catherine's chaplainship and in-
vests him with all the pertinents thereto belonging. These
things were done within the Parish Church of Inverness, in
presence of the discreet and honourable men. Lord James
Duff, perpetual vicar of Durris ; Andrew Auchlek, burgess
of Inverness ; Andrew Duff and John Stewart, with many
others. John Yaus, M.A., of the diocese of Moray, acts as
notary on the occasion.
LXXYIIL
MARY. 1542-1567. PART FIRST,
James V. died 13th December 1542, and, according to
contemporary accounts, of a broken heart, leaving an infant
daughter, Mary, but six days old. The announcement of
her birth to the dying king only elicited the observation
with regard to the crown that " It came with a lass, and it
wiU pass with a lass."
216 INVERNESSIANA.
An exhaustive contribution towards the history of the
Scottish queen has been lately made by MM. Petit and De
Flandre.
Upon 12th March 1543, Mr Mungo Monypenny, Arch-
dean of Eoss, found surety (David Berclay of Cullerny) to
underly the law at the next Justice-aire, for art and part of
the oppression done to Mr Gawin Dunbar, Treasurer of Ross,
coming upon him, in company with Robert, Bishop of Ross,
and his accomplices, in the Cathedral Church of Ross, and
laying hands upon him, and cruelly wounding him, to the
effusion of his blood. Michael Gudlad, dwelling with the
Bishop of Ross, also found caution to answer for the same
offence. Sir Thomas Haisty, monk of Beauly (then at the
horn), found caution to underly the law at the next Aire of
Inverness, for the same crime, and for stouthreif of certain
goods of Mr Gawin Dunbar.
Upon the 2d of May 1543, the family of Huntly, jealous
of the power of the Clan Chattan, made, by the following
bond, the first attempt to break up the confederation, em-
ploying as an instrument, for this purpose, the Baron of
Kilravock : —
At Inverness, the 2d day of May, in the year of God 1543 years, these persons
underwritten, Johne "William Allansone, Donald Wilzeam Allansone, DowU
Bayne, Huchone Roy, Swyne M'Conquhie, AllasterM'Queyn, AVilliam M'Queyn,
Donald M'Anedoy, dwelling in Petty, "Wilyeam Reoch M'Aychin, Donald Moir
M'Wlmoir, Aye M'AneM'Thomas, Donald M'Ane M'Conquhie, Wilyeam M'Ane
Makconquhye, dwelling in Strathnairn, Bean Macfarsone, Donald Slacfarsone,
"Wilyeam M'Gilleis, M'Faill, Angus Angus Wilzeamsone, Donald Macfarsone,
Thomas Macallister, John Angussone, Anguss M 'Robert, have
bound and obliged them faithfully, &c,,to a noble and potent lord, George, Earl
of Huntly, &c,, that forasmuch as Wilzeam Mackintosh, son and apparent heir
to Lachlan Mackintosh of Dunachton, whom God, assoilzie, has bound him to
give his band of manrent for himself and us his kin of the Clan Chattan, to the
said Earl, &c., that if it happens the said Wilzeam Mackintosh to fail and break
his band of manrent in his service to the said Earl, &c. , in that case, we and
each one of us shall leave the said Wilzeam, &c., and are content this their band
be registered, in form of act, in the Commissary Books of Inverness, and each
one of them, under the pain of cursing, to keep the sa,me. In witness hereof,
each one of the said persons has subscribed this obligation, with their hands on
tiie pen led by the Baron of Kilravock.
(Signed) Huchone Ross of Kylravak,
at the command of the names above-written.
Upon the 13th May 1544, the Bishop of Moray, with con-
sent of his chapter, granted a charter to Hugh Fraser, Lord
Lovat of the lands of Easter Kinmylies, Balnafare, Easter
Abriachan, Wester Abriachan, Kilquhyunane, with the mill
of Bught and the fishing on the Ness called Freschot, in
the barony of Kinmylies, regality of Spiny, and sheriff'dom of
Inverness. The reddendo was £78 17s 3|d, with suit and
service like the other feuars of the Bishop's lands. The
^w
INVERNESSIANA. 217
tnesscs were Master Hugh Crage, Thomas Hay, Lord John
Gibson, notaries ; Lords William Chirk, David William,
John More, James Fraser, and Andrew Wallace, presbyter.
I In the name of God, Amen, by this present public instrument he it evidently
patent and known to all, that in the year of the Incarnation of the Lord 1544,
on the 13th day of the month of May, the second indiction, and in the 10th year
of the pontificate of the most Holy Father in Christ, and our lord, by divine pro-
vidence, Lord Paul the Third, Pope : In the presence of us, co-notaries, and of
the under-written witnesses, the Keverend Father in Christ and Lord, Patrick,
by divine mercy, Bishop of Moray, and the honourable and distinguished men,
masters and lords, William Paterson, Alexander Sutherland, John Lokart, and
Thomas Wallace, canons of the Cathedral Church of Moray, and subdean and
prebendaries of Duff us, Innerkethny, and Unthank, personally constituted, came
to the house of relics of said Cathedral Church of Moray, in which is preserved
the Seal of the Chapter, and there, neither led by force or fear, nor having fallen
into error, but of their own free will agreed, took part in, and ordered to be
sealed with the Seal of their Chapter, a certain charter and precept of sasine of
the said Keverend Father, to the noble and potent Lord, Hugh Fraser, Lord of
Lovat, of and regarding the church lands of Easter Kiumylies, Wester Kinmy-
lies, Ballifeary, Easter Abriachan, Wester Abriachan, the Mill of Bught, Kilqu-
hymane,* and the fishing of the Ness, called Freschot, as is in said charter more
fully contained. Upon which, all and sundry, the discreet man, Lord Andrew
Dow, procurator, in name of the said noble Lord Hugh, Lord of Lovat, sought from
us, CO notaries under-written, one or more public instruments to be made for him.
These things were done in the said house of relics, about 12 A.M., year, day,
month, indiction, and pontificate as above. Present there, Lords James Doug-
las, Thomas Hay, and John Gibson, priests and notaries-public, and George
Kirk, with divers other witnesses to the premises, called and also required.
And I, William Wiseman, priest of the diocese of Moray, notary-public, by holy
Aijostolic authority, forasmuch as I, along with the witnesses foreuamed, was
present at the signing of said charter and precept of sasine, and at the other
things, all and sundry, while thus, as is premised, they were acted, said, and
done, and saw, knew, and heard, and took note that they, all and sundry, were
thus done ; I, therefore, have made therefrom, together with the subscribed co-
notary, this present public instrument, faithfully written with my own hand,
and have reduced it into this public form of instrument, and have signed it with
my accustomed and usual sign, name, and cognomen, being called on and requested
so to do for faith and testimony of all and sundry the premises.
And I, Hugh Craggie, &c. [as above.]
Lord Lo vat's son, Alexander, was served heir to his father,
at Inverness, on the 24th October 1544, and upon 9th August
1550, received letters ordering sasine in the said lands of
Kinmylies and others.
The following from the Inshes Collection narrates fully
the form and nature of Papal dispensation from the impedi-
ment of marriages within the degrees prohibited by the
Church. The case in question is that of John Grant of Culca-
bock, and Agnes Fraser, who were related in the fifth degree :
To all and sundry, sons of Holy Mother Church, to whose knowledge the pre-
sent letters shall come ; Master Alexander Sutherland, Dean of Caithness,
canon and official of Moray : Greeting, in him in whom is the salvation of all ;
Know that we have received with becoming reverence the letters of the Keverend
Father in Christ and Lord, Marcus Germanus, by divine mercy, Patriarch of
Aquileia, legate de latere, with power of our most holy lord the Pope, and of his
apostolic seat, legate to the whole Kingdom of Scotland, under his round seal
and manual subscription, written on parchment, genuine, complete, not erased
nor worn out, but free from every flaw and supposition, presented to us by our
beloved James Grant of Culcabock, and Master Hugh Cragy, procurator of Agnes
Fraser, wife of the said James, of the diocese of Moray, by command of said Prince,
* This may be Fort- Augustus, or Killivean, the Gaelic name for part of the Lauds of
Bught.
D 2
218 INVERNESSIANA.
to the effect underwritten, as appeared lawful to us, they being the principals
principally mentioned in the document in these letters, of which the tenor fol-
lows : Marcus Germanns, by divine mercy, Patriarch of Aquileia, with the power
of legate de latere of our most holy lord, Paul, Third Pope, and of the apostolic
see, legate to the whole Kingdom of Scotland, to the Reverend Father in Christ,
the Bishop of Moray, or to his vicar or official general in spiritualibus, Eternal
Greeting in the Lord : On the part of onr beloved in Christ, John Grant, layman,
and Agnes Fraser, his wife, of your diocese, a petition brought to us contained,
that they for certain reasonable causes, desired to marry, but as they were con-
nected together in the fifth degree of affinity, they were prevented, and being
aware of this impediment, they frequently knew one another carnally, and are
not able to implement their desire in that respect without obtaining an apostolic
dispensation therefor : Wherefore, the said petitioners have humbly entreated us
that they be graciously i^rovided duly, with the favour of an absolution and op-
portunity, with the benefit of a dispensation for these things by the apostolic
see : We, accordingly, willing to provide for the salvation of the souls of said
petitioners in this matter, and being moved by their humble supplications, com-
mit to you, by the Ai)ostolic authority granted to us, and which we employ in
this matter with circumspection, that if it is so, ye absolve said petitioners from
the crime of incest and excesses of that kind, and thereafter enjoin to each of
them, by way of punishment, a salutary i3enance and others which by law are in
use to be enjoined : Then that ye mercifully give dispensation to the said peti-
tioners, that notwithstanding the impediment of the said fifth degree of affinity,
they may freely contract marriage together and solemnize that, in the face of the
Church, and after it has been contracted, therein lawfully to continue, provided
that the said woman, on that account, shall not be carried away by any one,
decreeing that the children begotten, if there be any, and those that may hereafter
be begotten, be legitimate. Given at Edinburgh, in the diocese of St Andrews,
in the year of the Incarnation of the Lord 1544, the 9fch April, and the 10th year
of the Pontificate of our foresaid lord the Pope. Ita, siib^cribitur, on the front
page, M. Patriarcha legatus, and at the foot, M. A. Tidaldimus, and on the
fold, M. de Montemerlo. After presentation, reception, and reading of which
Apostolic letters of the foresaid Lord Legate by the said John Grant, personally
present, and by the said Master Hugh, procurator of said Agnes, in her name,
the principals in said letters principally named, we duly, with requisite instance,
thought fit to proceed to the execution of said Apostolic letters of dispensation
regarding the fifth degree of affinity between the said John Grant and Agnes,
according to the tenor of said letters : We, therefore, willing, as we are bound, to
obey the Apostolic mandate in all things, and considering the petition of said par-
ties just and reasonable, find from the depositions of certain witnesses produced,
sworn and examined before us, that all and sundry in said Apostolic letters were
and are true, and that the said John and Agnes are connected together and re-
lated in the fifth degree of affinity, and that knowing this impediment they fre-
quently knew one another carnally, according as is contained in said letters, and
that the said Agnes, on account of the present dispensation would now be car-
ried off : Wherefore, we have absolved the said John and Agnes from the crime
of incest foresaid, and other excesses, and enjoined upon them a salutary penance
for the crimes, and mercifully have dispensed, as by the tenor of these presents,
we dispense to the said John, personally i)resent, and to Agnes, in the person
of said Master Hugh, her procurator, that notwithstanding the impediment
of the fifth degree of affinity, they may freely contract and solemnize said mar-
riage betwixt them in face of the Church, decreeing the children born, or to be
born, legitimate : In faith and testimony of all and sundry the premises, we
have ordered, and caused the present letters, or this present public instrument
to be made thereon and written by the underwritten notary public, to be corrobo-
rated by the appending of our official seal of Moray. These things were given and
acted in the Consistory of Moray, the last day of the month of April, and in the
second indiction, in the tenth year of the pontificate of the Most Holy Father in
Christ and our Lord, Lord Paul, by divine providence. Pope Third, at the hour of
10 A.M. or thereabouts. Present there, Angus Williamson ; Lord* John Hay, pen-
sioner of Aberlour ; Master Gavin Leslie, rector of Kingussie ; Lord John
Thomason ; and Mr William Wysman, with divers other witnesses to the pre-
mises, called and likewise asked.
James Farquharson, M.A., priest of the diocese of Aberdeen, acts as notary in
the usual way.
* Though the word "dorainus" is in this book generally translated "Lord," yet, as
applied to ecclesiastics, the usual translation is "Sir."
INVERNESSIANA. 219
LXXIX.
MARY, 1542-1567. PART SECOND. '
Upon the 20th August 1544, in a settlement of the
marches of Colquinnock, betwixt Rose of Kilravock and
Strahan of Culloden, the following persons were named
arbitrators, viz. : — James Ogilvie of Cardell, William Mack-
intosh of Dunachton, David Falconer of Halkerstown, John
Grant of Culcabock, John Hay of Park, James Dunbar of
Grange, and Alexander Baillie, and William Cuthbert, bur-
gesses of Inverness.
In this year the well known fight of Blair-na-Lein, at
the head of Loch Lochy, was fought betwixt the Erasers
and Macdonalds of Clanranald ; John Robertson, bailie of
Inverness, predecessor of Inshes, filled the office of standard-
bearer to the Erasers.
At Kildone, on 1st February, a.d. 1545, Thomas Ding-
vail of Kildone, sells to his beloved Sir David Cuthbert,
vicar of Warlaw, a rood of his land, burgage, within the
burgh of Inverness, and on the east side of the Church
Street thereof, " which lies between the lands of John
Angusius, senior, at the north, and the lands of Berty Gollan
at the south, whose front extends to the King's common
highway at the west, and the back to the ^ fowill powill' at ^i
the east, for a certain sum of 'money," &c. The reddendo
is five pence yearly, at the usual terms of Martinmas and
Whitsunday, payable to the King. The witnesses are John
Murhead, William Cuthbert, James Cuthbert, and Sir Dun-
can Ronald. The grantor signs thus, "Thomas Dingwell of
Kildone, wt. my hand." Alexander Duff, bailie of Inver-
ness, gives sasine to the said Sir David, and Gilbert Hay
acts as notarv.
The corporation and principal merchants and burgesses of
Inverness were, at this time, a race by themselves, of foreign
extraction, having no sympathy with the Highlanders
^ound them. The names Hay, Duff, Vans, Dempster, (
Pa'terson, Copeland, Fleming, Ker, &c., testify to the
foreign element. The Scottish burghs were always favoured
by the Sovereigns, because they were on the side of peace,
and almost invariably took part with the Crown against the
no bles an d barons.
/
220 mVERNESSIANA.
The following singular and interesting statute, by the i
!rrovost, Magistrates, and Town Council of Inverness, re-
ceived royal confirmation through the Earl o± Arran, pro-
tector and governor of the kingdom. It is directed against
outlandish men of great clans, who had, with other mis-
deeds, by divers and sundry sinister ways obtained in-
fluence over widows of deceased burgesses, and who, while
unfit to trade, had still entered into and possessed many of
the common tacks and steadings of the burgh, spending
the profits outwith the same. This curious document,
which has been most fortunately preserved in the town's
archives, is dated 19th March 1545, and is as follows : —
The nineteenth day of March, the year of God, one thousand five hundred and
forty-five years, We, John Cuthbert, Provost of Inverness ; Gilbert Hay, Alexr.
Du^ff, John M'Gillewe, bailies of the same : Alexr, Baillie, William Cuthbert,
James Cuthbert, Jasper Vaus, James Dempster, William Robertson, Thomas
Vaus, younger, Thomas Vaus, elder, Martin Vaus, Alexr. Paterson, Richard
Copland, Matthew Paterson, Thomas Fleming, Nichol Ker, James Merchant,
and William Gumming, burgesses of the said burgh, and the remanent of the
Council and community of the said burgh, gathered and congregated in the Tol-
booth of the said burgh of Inverness, for sundry matters and business concern-
ing our common weal, and in special touching the great hurt and skaith which
have been this long time bygone used through indrawing of outlandish men of
great clans not able nor qualified to use merchandice, nor make daily residence,
nor policy, nor any manner of bigging within the said burgh, but allenarly to
brook and possess the profit of the common tacks and steadings of the said burgh,
and the profits thereof to be spent and used outwith the said burgh at their
pleasure, contrary to the statutes and acts of burghs, nor any good cause done
for the weal of the said burgh for the said tacks and steadings ; which outlandish
men and great clans have by divers and sundry sinister ways purchased their
freedoms through solicitation and labours of great clanned men, and others ad-
jacent to the said burgh, by reason that the widows within the said burgh have
brooked and possessed the common tacks and steadings of the same, after the
decease of their husbands, wherethrough the saids tacks and steadings, are pos-
sessed and brooked by outlandish men of great clans by reason of their interest
with the said widows, wherethrough the neighbours, children, and native-men
of the said burgh who were, and are able to use merchandice, policy, and other
virtues concerning the weal of the said burgh, are put from the tacks, and
steadings, and native rowmes thereof, through the which they must of necessity
and of main force pass to other parts to dwell, wherethrough all virtue and mer-
chandice within the said burgh are abused, ceased, and decayed, nor the said
burgh able to serve our Sovereign Lady, nor her lieges, at times necessary :
Herefor, and for sundry other reasonable cavises and considerations moving
us, we, the saids Provost, Bailies, Council, with the advice of the foresaid com-
munity, Statute, Decern, and Ordain that no widow shall have, nor brook any
tacks nor steadings in time coming within the said burgh, burrowage, and liberty
thereof, of the old manner, by reason of the decease of their husbands, but the
same to be brooked, enjoyed, occupied and possessed in all times coming by the
heirs male lawfully gotten, or to be gotten, by the neighbours' own bodies, posses-
sors of the saids tacks and steadings instantly, and no others' heirs male, and
never in time coming to be brooked, used, nor possessed by any widow of the
old manner, by reason of their husband's decease ; Providing always that the
heirs male of the saids neighbours gotten, or to be gotten, of their own bodies,
be thought qualified by the Provost and Bailies and their Council for the time, to
scott, lott, walk, and ward with the rest of the neighbours of the said burgh,
paying their duties for the saids tacks and steadings, conform to the old rental ;
and shall make continual and daily residence for the most part of the year within
the same, except they be in their lawful merchandice, errands, and basic ess con-
cerning the winning of their living, or of the said burgh, or else to have no
place to enter, brook nor j)ossess any of the saids burgh tacks, nor steadings,
notwithstanding this constitution, decreet, and act foresaid ; And, failing of the
heirs male, gotten, or to be gotten, of the saids neighbours' own bodies, as said is.
INVERNESSIANA. 221
the Provost, Bailies, and Council, with them for the timo, shall dispone the same
to other neighbours worthy and qualified therefor, as they think cause, for the
weal of the said burgh : And if any of the saids neighbours' heirs male, gotten,
or to be gotten, as said is, happens to be young at the time of the decease of
tlieir fathers, or others to whom they ought to succeed, then, and in that case,
the nearest of the father's kin being (a) free man and indweller within the said
bjirgh, be thought worthy, qualified, and responsible by the saids neighbours,
shall intromit with his tacks and steadings, being within age unto the time the
pupil and child be of perfect and lawful age, and shall make count of the profit
thereof once in the year to the saids Provost, Bailies, and Council for the time,
that it may be known by them that the said profit be put to the utility of the
said pupil and child, and decoration and policy of the said burgh : In witness of
the which thing to this our statute, decreet, act, and ordinance above written,
made by us, registered in our common book, and extracted at our command, by
our common scribe and clerk, and subscribed by us and him, our common seal is
hung, at our foresaid Tolbooth, day, month, and year above-written.
At Edinburgh, on the 3d of May 1546, and the 4th of her
reign, Queen Mary, by charter of confirmation, under her ^^
great seal, with advice, consent, and authority of her tutor,
the Protector and Governor of the Kingdom, James, Earl
of Arran, &c., approves, ratifies, and confirms the foregoing,
and grants that it have equal effect, strength, and efficacy,
as if made in Parliament.
LXXX.
MARY. 1542-1567. PART THIRD.
Upon the 9th September 1545, Master Henry Lauder,
Advocate to the Queen's grace, presented before the Lords
Commissioners of Parliament, a summons of treason, duly
executed and endorsed, raised at the instance of the Queen's
grace, her tutor and governor foresaid (The Earl of Arran),
against Master Robert Stewart, elector of Caithness, for cer-
tain points of treason and crimes of lese-majestie, as is con-
tained in the said summons ; and the same and endorsations
thereof, made at the Market Crosses of the burghs of Inver-
ness and Dornock, principal Cathedral Kirk of the diocese
of Caithness, by Cuthbert George, messenger, being openly
read, and the said officer verified and proved the said en-
dorsation sufficiently by the witnesses contained in the same,
they being sworn thereto : That is to say, Thomas Lauth-
reiss, burgess of Inverness, George Duff, and Alex. Lovell.
Upon 2d Nov. 1545, Sir John Scott, perpetual chaplain
of St John the Baptist's, within the Parish Church of Inver-
ness, having died, Patrick Bishop of Moray presents Sir
William Baldon to the office, in the gift of Alexander
^^^ INVERNESSIANA.
Fraser, Lord Lovat, and the burgesses and bailies of Inver-
ness. On 26th June 1550, Sir James Cuthbert succeeds
in the same manner to said office.
At Inverness, on 1st March 1546, John Campbell is
served heir to his father Archibald, in the barony of Strath-
nairn, with the fortalice of Castle Dane (Davoit) and patron-
age of Dunlichity, before George, Earl of Huntly, as Sheriff-
Principal of Inverness. Among the assize are John Mac-
kenzie of Kintail, William Mackintosh of Dunachton, Robert
Munro of Fowlis, Hugh Rose of Kilravock, Thomas Ding-
wall of Kildone, Alexander Bailie, Constable of Inverness,
John Cuthbert of Old Castle, Alex. Rose in Holme, George
Strachan of Culloden, &c.
The following License and Remission to the Provost,
Bailies, and Community of Inverness, dated 18th April
1550, has part of the Seal of the Protector, the Earl of
Arran, still attached. It is headed " Regina," and is thus :
We and our dearest cousin and tutor, James Earl of Arran, Lord Hamilton,
&c., protector and governor of our realm, to whom it is understood that the
Provost, Bailies, Council, community, and inhabitants of our burgh of Inverness,
have sent eight well-furnished horsemen bodies, as effeirs, for them to make us
and our said tutor service, in this ou^r present raid, hosting, raid and army,
ordained to convene at Edinburgh, the 13fch day of April instant : Therefor, and
for divers other reasonable causes and considerations moving us and our said
tutor, with his advice, authority, and consent, by the tenor hereof, grant and
give our special licence to the foresaids Provost, Bailies, Council, and commu-
nity of our said burgh, and each one of them to remain and bide at home
from our said host, raid and army, during all the time and space thereof ;
and also, by these presents, remit and forgive to them and each one of them all
action or cause which we had, or any ways might have against them, or any of
them for their remaining and biding at Lome, from any, our dearest father's, or
any our hosts, raids and armies, devised and made in any times bygone before
the day of the date hereof : And will and grant that they nor none of them shall
be called, nor accused therefor, nor incur any danger, or scaith therethrough in
their persons, lands, or goods, in any ways, in time coming, notwithstanding any,
our acts, statutes, letters, proclamations, or charges, general or in special, made
or to be made whatsomever, in the contrary, or any ijains contained in the same,
anent the which we dispense with them and each one of them, by these our letters,
given under our signet, and subscribed by our said tutor and governor, at Edin-
burgh, the 18th day of April, the year of G-od, 1550 years, and of our reign the
8th year.
James P.
Upon the 9th of August 1550, at the Place of Lovat, an
instrument is taken on procuratory of resignation of the
lands of Easter Kinmylies, alias " The Brigend," on the
west side of the water of Ness, by Hugh Simsoune of
Erchyde, in the hands of the Bishop, in favour of Alexander,
Lord Fraser of Lovat : Hugh Cragye, John Gibson, John
Fraser, and William Dow, chaplains, procurators ; James
Duff, vicar of Durris, John Fraser, Thomas M^G-rowder,
Thomas M^Coneill M^Ane, John Makorkill, and Alexander
M'Gillereocht, witnesses. Martin Logye, notary.
In this year, William Mackintosh of Mackintosh was be-
headed at Achindown Castle, by orders of the Earl of Huntly.
INVERNESSIANA. 223
Eighteen years afterwards, the then Chief (Lachlan)
received in assythment, along with other valuable lands,
the following Castle lands, a part of the lands originally
granted in 1163 to Shaw Mackintosh, founder of the family,
viz : — Bochrobin and Duntelchaigs, in Stratherrick ; Tor-
darroch, in Strathnairn ; and Essich, near Inverness.
LXXXI.
MARY. 1542-1567. PART FOURTH.
Following out the evil schemes of the family of Huntly
to ruin the Mackintoshes, Alexander, Lord Gordon, obtained
a royal precept, directing the Bishop of Moray to receive
him as vassal in room of William Mackintosh of Dunachton
in the Barony of Moy and others, which precept is dated at
Inverness, 8th August 1552, and passed the great seal.
At Inverness, on the 23d August 1552, George, Earl of
Huntly, prolocutor for John Rose, brother to the laird of
Kilravock, asked acts and instruments that Margaret Vans
confessed and declared, in presence of Sir John Campbell of
Lundy, Knight, justice-depute, etc., that she passed of her
own free will, with the said John and his accomplices, furth
of this burgh of Inverness, and was not ravished by them
against her win. The instrument is thus subscribed: "It
is so ; James Myller, notary, and one of the scribes in the
justiciary office, for the time."
At Inverness, on the 24th August 1552, there was granted
" Commission nnder the great seal, by Mary, Queen of
Scots, with advice of James, Duke of Chatelherault, Earl of
Arran, Lord Hamilton, Protector and Governor of the King-
dom, to Archibald, Earl of Argyle, Lord Campbell and
Lome, and Justice-General of Scotland. This Commission
narrates, that notwithstanding the said Governor has re-
mained for a long time dispensing justice in the burgh of
Inverness, the Clanranald nevertheless refused obedience to
Her Majesty's authority and laws, with the other subjects of
the kingdom ; Wherefore Her Majesty gives full power to
the said Earl of Argyle to assemble his friends and vassals,
and with them to go to the Clanranald, and to pursue them
with fire and sword, and within whatever islands they may
seek refuge, for their disobedience; depredations, and
murders."
224 INVERNESSIANA.
John Grant of Mulbayne is served heir to his father
James Grant of Freuchie, in, inter alia, the lands of Urqu-
hart, with the castle thereof, at Inverness, in the year 1553.
Two years later, and in the month of July 1555, Mary of
Guise, Queen Regent, who had succeeded the Earl of Arran as
Protector, visited Inverness, and held a Convention of Estates,
and Courts for the punishment of crimes. Sir R. Gor-
don states that the Queen Regent, marching northward,
came in July to Inverness, accompanied by the Earls of
Huntly, Argyle, Athole, Marishall, the Bishop of Ross and Ork-
ney, and sundry other noblemen, "where she held Justice-
aires, with most extreme and rigorous punishment, and
charged every one of the Captains of the Highlands to bring
in the offenders of their own kin, according to the order
prescribed in King James the Fifth's time, under great
pains ; wherethrough many were entered, both of Mackenzie
kin, Balnagown, Lord Lovat, Mackintosh, Laird of Grant,
and many others, whereof there were sundry executed ; and
among the rest, the Laird of Grant being charged to bring
in a special friend of his own^ called James Grant, for his
oppression, because he could not be apprehended and
brought quick (alive) to justice, he caused him and the rest
of his company to be slain, and their heads to be pre-
sented to the Queen Regent. At the same time, the Earl
of Caithness was charged likewise for the like causes, and
was put in ward, first in Inverness, and next in the Castle
of Edinburgh, when he paid great sums of money ere he
was delivered. Mackay, the same time Captain of Strath-
naver, by the assistance of the Clan Gun, who had done
great injuries and wrongs to the country of (Sutherland, next
adjacent to them, would not enter ; therefore, the Queen
caused the Earl of Sutherland convene a great army, and
pass within the country of Strathnaver ; and likewise sent
certain ships by sea, whereby he was constrained to render
himself, and come with Sir Hew Kennedy to the Queen,
where he remained in ward in Edinburgh divers years there-
after ; and sundry pledges were received for the Clan Gun,
who were kept in some strength for their good rule during
the Queen Regent's pleasure."
" After the Queen had made her residence in Inverness,
and visited the county of Ross, she returned to Elgin,
Banff, and Aberdeen, where she held aires likewise ; but
not with so great execution of men's bodies, but rather by
composition of money, &c."
It is related in the History of the Frasers, that " whilst
the Queen remained at Inverness, Alexander, Lord Lovat,
INVERNESSTANA. 225
paid his respects to her, attended by a numerous retinue ;
when she condoled with him on the loss of his father and
clan. Both the Lady Lovat and the Lady Dowager waited
upon Her Majesty at the same time ; and Lord Lovat, at
the head of 200 chosen followers, re-conveyed her to the
banks of the Spey. On bidding him adieu, she paid him
great commendations for his politeness and hospitality."
Alexander Sutherland, feudatory of the Chaplaincy of St
Mary of the Green, within the Burgh of Inverness, with
consent of Sir Thomas Sutherland, chaplain thereof, grants
an annual rent of ten shillings in favour of Gilbert Duff,
and the Chaplaincy of the Choir of the Parish Church of
Inverness, for the celebration of one anniversary, by " derige
and soule mass," in the said Choir, for the salvation of the
said Thomas Anderson, by the following instrument, dated
5th Sept. 1555 :—
In the name of God, Amen, by this present public instrument, be it clearly
known to all, that in the year of the Incarnation of our Lord 1555, on the 5th
day of September, the 14th indiction, and in the fifth year of the Pontificate of
the most holy Father in Christ and our Lord, Lord Julius III., in presence of
me, notary-public, aud the subscribed witnesses, the honourable man, Alexander
Sutherland, feudatory of the Chaplaincy of St Mary of the Green, founded with-
in the burgh of Inverness, personally constituted, came, with consent and assent
of the venerable man. Sir Thomas Sutherland, chaplain thereof, and from a
divine consideration of love for the salvation of the soul of the late honourable
man, Thomas Anderson, being induced neither by force nor fear, nor having
fallen into error, and neither having been circumvented by guile or fraud, or any
sinister machination, but of his own mere pure and spontaneous will, and deli-
berate intention, by every best manner, way, law, cause, and form, in which he
could, and ought well, efiicaciously and completely, to his own tenement lying
within the burgh of Inverness, in the Church Street, and on the east side there-
of, between the lands of Sir David Cuthbeit at the north and the lands of the
said Alexander Sutherland at the south, whose front extends to the King's com-
mon highway towards the west, and the back to Ip fow ill 2)oiv ill ;~~^nd there, with ^p^-
consent of the foresaid chaplain. Sir Thomas Sutrherland, resigned in the hands of
the honourable man, John Makgallewe, one of the bailies of said burgh, by deliv-
ery of earth and stone, one annual rent of ten shillings of the current money of
the Kingdom of Scotland, upon the northern rood of said tenement annually, and
for ever, and that in favour of Sir Gilbert Duff, and the Chaplains of the Choir
of the Parish Church of Inverness, and to his certified collector and his succes-
sors, whomsoever, for ever, for the celebration of one anniversary, by derige
and saule mess in the said Choir of the Parish Church of Inverness, for the salva-
tion of the soul of bhe said Thomas Anderson, as said is : Which resignation,
made in the hands of said bailie, as the custom is, and being received by him,
forthwith and without delay, he conferred and bestowed upon the said Gilbert,
collector above said, by delivery of earth and stone, state and sasine and posses-
sion of said annual rent of ten shillings, and inducted, invested, and in peace,
nobody gainsaying, demited to the said Collector, Sir Gilbert, in his own name
and that of the foresaid chaplains and their successors, actual, real, and corporal
possession of said annual rent : And this sum of ten shillings to be received by
the said Sir Gilbert and his successors for ever, at the terms used and wont
within said burgh of Inverness : On all and sundry, which the said Sir Gilbert
sought of me, notary-public, underwritten public instruments, one or more to be
made for him : These things were done upon the soil of said rood of land of fore-
said tenement, the second hour P.M., year, day, month, and pontificate as above.
Present there the honourable men, George Cuthbert of the Old Castle, provost
of Inverness, Thomas GoUan, Thomas Fleming, James Pateison, Kobert Mitchell,
Thomas Makgillmartin, John M'Walter, junior, Arthur Burnaye, Sirs David
Cuthbert, Jasper Waus, Andrew Cuthbert, and Sir David Barthan, vicar of
Forddye, with divers others : In testimony of which thing, the seal of the fore-
E 2 -
226
INVERNESSIANA.
said bailie is appended, by command of the said Alexander, who resigned, and
gave foresaid annual rent, together with my wonted and usual sign, name, sur-
name, and subscription.
And I, Andrew Textor, priest of the diocese of Moray, by royal and Apostoli-
cal authority, forasmuch as I, along with the forenamed witnesses was present,
knew, saw, and heard, and took note of the premises, all and sundry, while thua
as is premised, they were acted, said, and done ; I have therefore made there-
from this present public instrument of resignation, and giving of state and sasine,
faithfully written, with my own hand, and have signed it with my usual and
wonted sign, name, surname, and subscription, along with the appending of the
seal of the said bailie, and have published it, being called on and requested so to
do, for faith and testimony of the truth of all and sundry the premises.
The Lords Compositors, Lords Cassilis and Glencairn, the
Bishop of Orkney, and Mr J. Hay, sitting at Inverness, on
5th August 1556, remitted to John Hay of Park, dwelling
within the Sheriffdom of Nairn, for inter-communing with
the rebels of our supreme lady the Queen, now at the horn ;
with the exception of inter-communing with James M'Con-
dochy Innes, and the rebels, the murderers of the late Wil-
liam Murray, Lord of Drumlochy and Gardynnis ; and for
the slaughter of deer ('^ lie gray deir"), the destruction of
green woods, and for small and trifling oppressions com-
mitted by him ; also for all action and crime which can in
any way hereafter be imputed to him therefor.
LXXXIL
MARY. 1542-1567. PART FIFTH.
Evil days now fell on the Prior and Convent of Inverness,
and upon the 23d June 1559, they were obliged to deposit
their charters and gear, for security, with the Provost and
Magistrates of Inverness. Their buildings, no doubt, soon
became ruinous. Nothing is known of the fate of the effects
handed over, which included " a little relic of silver ;" but
there are records to show that the tenements, annual rents,
and other property of the friars were speedily divided or
leased out by the town authorities among themselves: —
This is the gear that we, Friar Robert Eiche, Prior of the Friars Predicators
of Inverness, with consent and assent of our brethren, viz., F. Andro Valcar,
sub-prior, F. Hendre Wisman, F. James Ramsaye, F. Alex. Kaye, delivered in
keeping to the religion to the foresaid prior, our successors, brethren of our place
of Inverness, to our well-beloved benefactors, to honourable and worshipful
men, George Cuthbert of the Auld Castlehill ; Thomas Flemyng, burgess of In-
verness ; John Makgilwe, burgess of Inverness, Provost, bailies of Inverness, as
after follows : —
Item, A chalice of silver, gilt with gold ... ... 16 ounces.
„ Do. Do. Do 24J „
„ Do. Do, Do. ... ... 23 „
„ Do. Do. Do. ... ... 40 „
„ A buist, Do., for the sacrament ... 3^ „
INVERNESSIANA. 227
Item, Two silver cpoons for the lozenges to the mass | ounces.
,, A little relic of silver.
,, A box full of charters and evidents.
,, A buist, covered with leather, with charters and other writ-
ings, with certain loose evidents in the chest.
,, A chesible and a clasp of red damask.
,, 7 corporales and 3 cases.*
,, A chesible and two clasps of red taffety.
„ Do. and one chisp of black damask, with host stole,
fannon, and belt.
"We foresaids, George Cuthbert, Thomas Flemyng, John M'Gilwe, Provost and
bailies of Inverness, grant us to have received the above-written gear from the
said Prior and convent and successors of the religion, and oblige us, our heirs,
executors, and assignees whatsomever, that to the saids Prior, brethren, and suc-
cessors of Friars Predicators, without impediment or obstacle, we shall give, de-
liver to the saids Prior, brethren, and their successoi's, the foresaid gear, when-
ever they require, or any unto their name pertaining to the religion whatsom-
ever, by this our obligation we oblige our lands and heritage, heirs, executors,
and assignees, now and ever, on the deliverance to them of this present obliga-
tion. Subscribed with our hands at Inverness by both the parties, the 23d day
of June, in the year of God 1559 years.
George Cuthbert, Provost of In- Fr. Robertus Richardus, Prior,
verness. manu sua.
John M'Gilleywe, with myhand at Fra. Andreas Yaloar, Sub-prior,
the pen led by George Cuthbert, manu sua.
Thomas Flemyng, one of the bai- FraterHENRicusYYiSMAN, H.U.F.
lies of Inverness, with my Fr. Jacobus Ramsay, manu sua.
hand. Frater Alexander Cay, manu sua.
A Commissioner from the Bm^gh is stated to have attended
the Parliament in 1560, when the Roman Catholic religion,
as that of the State, was abolished.
Upon the 2d of May 1560, Hugh, Lord Lovat, was served
heir to his father, Alexander, in the Barony of Kinmylies.
On the 31st of May 1560, John Coupland, son and heir of
the late Richard Coupland, burgess of Inverness, sells to
John Cuthbert, son of the late James Cuthbert, burgess of
Inverness, his heir and assignee, a half rood of his land
burgage, lying on the west side of the Church Street of
Inverness, between the lands of John Robertson at the north
on the one side and the lands of Thomas Man at the south,
whose front extends to the king's common highway at the
east, and the back to the lands of Thomas Waus, burgess of
Inverness, at the west, for a certain sum of money, &c. The
reddendo is 2Jd to our supreme lady the Queen, and to the
chaplain of St Catherine the Virgin, within the Parish
Church of Inverness, 2s Scots money, at the two usual
terms. Matthew Paterson, one of the bailies of Inverness,
gives sasine, and the witnesses are — Thomas Yaus, junior,
burgess of Inverness, John Reid, John Mitchell, burgesses
of said burgh, John Henderson, burgess of Perth, Andrew
Reid, Donald Grant, inhabitants of the burgh of Inverness,
* The corporale was the sacred linen spread under the chalice in the eucharist and
mass, to receive the fragments of the bread, if any fell. The stole, a long garment
■worn by the priest when officiating. The fannou was a kind of scarf worn on the arm
on the same occasions.
228 . INVERNESSIANA.
Thomas Robertson, officer, and William Gumming, notary
public. John Coupland subscribes thus : " Jhone Coup-
land, wt. my hand wret."
Amongst those slain at the battle of Pinkie, in 1547,
were Cuthbert of Castle Hill, and Alexander Cuthbert, pre-
decessor of the Cuthberts of Easter Drakies.
LXXXIII.
MARY. 1542-1567. PART SIXTH.
The Queen visited Inverness in course of the year 1562,
and remained for some time, staying, according to universal
tradition, in the house at the foot of Bridge Street, known
as "The Wine Shop." The foundations of this building may
even be older than the period of the Queen's sojourn.
Various accounts have appeared of the occurrences which
then took place. It is therefore thought right to insert here
the account from the Mackintosh History, completed within
a hundred years after. This has not been published, and is
thus new : —
Lachlan Mor Mackintosh went to Edinburgh for his education about 1558,
and returned to live upon his estate in the year 1562, being then nineteen years
of age. He was but a few months at home when Queen Mary came to Inverness,
in the month of September. A little time before this, John Gordon of Findlater,
second son to the Earl of Huntly, had mortally wounded James Ogilvy. for
which the Queen ordered him to prison ; but he broke his confinement, and fol-
lowed the Queen to the north, with a view to cut off the Earl of Moray, and to
oblige the Queen to marry himself, though he was at that time married to ano-
ther woman. The Earl of Huntly could never digest his being deprived of the
earldom of Moray, and having both the Queen and the Earl of Moray in the
north, he thought it a proper time to cut off the one and to oblige the other to
marry his son, in which event his ambition would be fully gratified. In order
to this he raised a considerable force, and finding that the Queen, on her way to
Inverness, would not touch at his house of Huntly, he left her. When she ar-
rived at Inverness, she was denied access into the Castle, whereof Huntly was
constable, and she found that it was garrisoned by Huntly's men. Upon this,
her former suspicions were heightened. But next day her fears were dispelled
by the coming of the Clan Chattan, and after them the Erasers and Munroes, to
her aid. The castle was then attacked : the captain surrendered and was hanged,
the garrison were pardoned ; and on the Queen's return, upon the 28th October
the battle of Corrichie was fought, wherein Huntly was trodden to death under
foot, and his sons, John and Adam, made prisoners. John was beheaded, and
Adam for his youth was pardoned.
From Randolph's communications to Cecil we learn the
following in connection with Queen Mary's visit to Inverness:
" On 10th August 1562," he writes, ^^ from Stirling she
taketh her journey, as far north as Inverness, the farthest
part of Murray, a terrible journey, both for horse and man,
INVERNESSIANA. 229
the countries are so poor, and the victuals so scarce. It is
her will that I should attend upon her thither. It is thought
that it will be a journey for her of two months and more."
On the lltli August she started from Edinburgh on this
terrible journey, and on the 11th September leaves Dar-
nawaj, arriving that same evening in Inverness.
On the 18th September he writes from Spynie : —
At the Queen's arrival at Inverness, she purposing to have lodged in the
Castle, which pertaineth to herself, and the keeping only to the Earl of Huntly
[Lord Gordon] being Sheriff by inheritance, was refused there to have entry,
and enforced to lodge in the town. That night, the Castle being summoned
to be rendered to the Queen, answer was given by those that kept it, in Lord
Gordon's behalf, that without his command it should not be delivered. The
next day the country assembled to the assistance of the Queen. The Gordons,
also, made their friends come out. "VVe looked every hour to what shall become
of the matter. We left nothing undone that was needful. And the Gordons,
not fie ding themselves so well served, and never amounting to above five
hundred men, sent word to those that were within, amounting only to twelve or
thirteen able men, to render the Castle, which they did. The captain was
hanged, and his head set upon the Castle ; some others condemned to perpetual
imprisonment ; and the rest received mercy. In all those garbulles, I assure
your honour I never saw the Queen merrier ; never dismayed ; nor, never
thought I, that stomach to be in her, that I find. She repented nothing but,
when the lords and others at Inverness came in the morning from the watche,
that she was not a man, to know what life it was to lye all night in the fields,
or to walk upon the causeway, with a jack and knapsack, a Glasgow buckler,
and a broadsword. Lest your honour should speere [enquire] what in this mean-
time I did, it may please you to know that, in good faith, when so many were
occupied, I was ashamed to sit still, and did as the rest.
At Inverness, on the 15th of October 1563, John Camp-
bell of Cawdor was served heir in the Barony of Strath-
nairn, before James, Earl of Moray, Sheriff- Principal. On
the inquest were Kenneth Mackenzie of Kintail, Alexander
Ross of Balnagown, Robert Munro of Fowlis, Hugh Rose
of Kilravock, Alexander Falconer of Halkerton, Robert
Dunbar of Durris, William Eraser of Struy, Y. Mackay of
Ear, Jasper Yaus of Lochslyne, Alexander Urquhart, sheriff
of Cromarty, Hugh Eraser of Guisachan, George Munro of
Davochcartie, and Alexander Chisholm of Comer.
William Sutherland, parson and exhorter at the Church
of Moy, for misdoings, fell under the censure of the
General Assembly. The Assembly on the 30th June 1564,
pronounced the following censure : — " Eorasmuch as it was
complained by the Commissioner of Moray, upon William
Sutherland, parson and exhorter at the Kirk of Moy, that he
had not only disobeyed his charge commanding him to marry
the woman with whom he before had committed fornication,
but also had, in despite of the said Commissioner, ryvein
(torn up) his letters of charges thereto, and had not
obeyed his summons charging him to compear to this General
Assembly : In consideration of this despiteful ryveing of
the Commissioner's letters, and also not compearing to this
Assembly, the Kirk deprives him of all ecclesiastical func-
230 . INVERNESSIANA.
tion, and also ordains the censurers of the Kirk to proceed
against him for his contempt."
The head of the Clan Gun was, by tradition, executed at
Inverness, by the Kegent, for taking '^ the crown of the
causeway."
In a rental of the Bishoprick of Moray, compiled in 1565,
the tenements of Helen Fleming and Robert Waus, within
the burgh of Inverness, and possessed respectively by Peter
Winchester and Jasper Waus, are inserted as each paying
one pound of pepper yearly.
At Edinburgh, 22d September A. D. 1565. — The King and Queen's Majesties,
for certain occasions moving them, ordain an officer of arms to pass, and in their
Highnesses' name and authority, command and charge George Munro of Davoch-
carty, and Andrew Munro, his son, and all others, havers and vv^ithholders of the
Castle of Inverness, to deliver the same to Hugh Rose of Kilravock, whom their
Majesties have recommended to receive the same within six hours next after
they be charged thereto, under the pain of treason. Marie E. Henry B.
The King and Queen, four days later, sent the following
letter to Kilravock : —
True Friend, we greet you well. Seeing the defection of the Earl of Murray
so unnaturally against us, it is not convenient that any his houses or ours be re-
tained by him or any in his name ; and amongst the rest have we thought ex-
pedient to commit the keeping of our Castle of Inverness to you, having so good
proof of your faithful service : Praying you effectuously that immediately after
the sight hereof, ye ijass and receive our said castle, according to our charge and
commandment sent to that effect, and make the same to be surely kept to our
behoof, for the which ye shall have as good payment as any that heretofore has
had the keeping of the said house. Subscribed with oi;r hands, at Edinburgh,
the 26th day of September 1565. Marie R. Henry K.
To our traist (true) friend the Baron of Kilravock.
Upon the 9th of October 1565, they issued the following
order : —
Rex et Regina.
Captains and keepers of the Castle of Inverness, — We charge you that, in
continent this present seen, ye deliver the Castle thereof to our true cousin and
counsellor, George, Earl of Huntly, and others having his commission thereto,
with all plenishing and moveables received by you, taking their discharge
thereof ; and this in no wise ye leave undone, as ye will answer to us under all
highest pain and charge ; keeping this present for your warrant. Subscribed
with our hands, at Lamington, the 9th day of October, and of our reigns the
first and twenty-third years. Marie E.. Henry R.
By the Treasurer's letter of 27th October, it would appear
that Kilravock, if he got possession of the Castle at all,
must have given it up almost immediately : —
From the Lord Treasurer.
True Friend, — After hearty commendation, I have received your writing,
whereas ye thereby have signified how commission was received by you from
Master Thomas Ker, for receiving the place of Inverness, and that there is no
certain duty appointed to be given unto you for keeping thereof, and await-
ing in the charge committed to you, in that behalf. It pleased the King and
Queen's Majesties, and their secret council, to commit th« charge thereof unto
you at the time of the making of the commission, and then no order was taken
to spend any expenses or duty therefor : Yet, because I have understood since
then that the said place is by you rendered again to such as had new commission
to receive it, and that ye continue not in keeping thereof, nor have not sustained
any expenses therethrough, ye will not seek damage in that case. Always ye
may be assured if ye had continued and borne that charge, that the furtherance
INVERNESSIANA. • 231
which lay in me, in accomplishing the desire of your writing, should not have
been omitted. This commits you to God. At Edinbui-gh, the 27th of October
1505.— Yours assuredly, Maister ROT, Kichardson, Thesur.
To his assured good friend the Baron of Kilravock, this be delivered.
LXXXIV.
MARY. 1542-1567. PART SEVENTH AND LAST.
From the process of reduction of the sentence of forfeiture
and treason pursued by the relict and children of the late
George, Earl of Huntly, in April 1567, the following ex-
tracts are taken with reference to the Earl's participation in
the events at Inverness at the time of the Queen's visit in
the autumn of 1562 : —
The process of which reduction is sought was raised against the Earl of Huntly
and his followers, and doom of forfeiture pronounced, because of a conspiracy
entered into to seize the Queen's person on her northward progress. The docu-
ment goes on to say, " because the purposes desired at Aberdeen could not be
performed as then, they concluded to put violent hands on our said sovereign
and her counsellors and other her servants and assisters being with her for the
time, wherever opportunity might serve, and specially in the town of Inverness ;
and in devising of sundry wicked persons, men of arms, to convene and come to
the said burgh of Inverness for performing of their said wicked intent, and in
the treasonable withholding of the Castle of Inverness, and in the treasonable
assistance given to the keepers thereof, against our said sovereign's command,
and for the treasonable besetting of her Highness' march in her passage from In-
verness to Craigaboyne, and for the treasonable assistance and counsel given to
the said late John Gordon and the persons being in the fortalices and castles of
Findlater and Auchindown. "
In the summons of which redu.ction is sought, the Earl and his followers are
charged with coming to Inverness in the night-time, upon the Friday after the
3d of SeiJtember 1562, " when our said sovereign and her company were in the
town of Inverness, should have treasonably invaded and put hands on her per-
son, and also on the persons of the lords of secret covincil and session, and
others being with her Highness for the time, and to have slain or other-
wise demeaned her and them, as they thought good, and also in devising
that the said lord and his said late father should address them to the castle of
Inverness, with their servants and friends, to awaifc upon the said late Sir
John's (Sir John Gordon of Deskfurd) coming with his company, and to espy
the places where our said sovereign, her said lords and company were lodged,
and to have been in readiness to fortify and assist the performing of the said
enterprise, for amplifying and performing of the which the said Earl, upon the
said Friday, the 11th day of September foresaid, came to Turodown with 160
horsemen, and there tarried all night, upon the coming of his said brother send-
ing in sundry parts spies to the said town of Inverness to perceive and espy
what our said sovereign and her said lords were doing. And so did all that was
in him to i^erform the said wicked enterprise, did not the purpose fail upon the
part of the said Sir John and his folk, and in the treasonable commanding, al-
lowing, and ratifying of the treasonable holding and furnishing of the house and
fortalice of Inverness against the Queen's Majesty, the same pertaining to her,
the said Earl being only keeper thereof in her name, after that his servants
being therein, for whom he is obliged to answer, were divers times charged to
have delivered the said house and fortalice, and to have made the same patent
to her Highness to have lodged therein, and after charge given to that effect by
Williara Bryson, messenger at command of her letters after sound of trumpet."
232 INVERNESSIANA.
Shortly before the unfortunate Qaeen was dethroned she
granted the following Charter to the town of Inverness.
It is full and interesting, and shows how thorough and com-
plete had been the change. James VT. was proclaimed King
on 29 th July 1567, his mother being still but twenty- three
years old : —
Mary, by the grace of God Queen of Scots, To all. good men of her whole
kingdom, cleric and laic ; Greeting : Know that we, carefully considering our
duty toward the service of God, and because of the ardent zeal which we have
for the upholding of the State, and for the preservation of due order among our
subjects, and chiefly within our burgh of Inverness ; considering, therefore, that
we, by our office, are bound, and ought to consider our duty toward God, by
whose providence we are placed in the government of this kingdom, and also
that it is by our office incumbent upon us to provide by every honest means tor
the ministers of the Word of God, and that hospitals should be maintained
within our said burgh for poor, mutilated, and wretched, for orphans and child-
ren without parents ; we, after our perfect age, with advice of the Lords of our
Secret Council, have given, granted, disponed, and for us and our successors for
ever confirmed, and also by the tenor of these presents we gave, granted, dis-
poned, and for us and our successors for ever confirmed to our beloved, the Pro-
vost, bailies, council, and community of our said burgh of Inverness and their
successors for ever, all and sundry the lands, tenements, houses, buildings,
churches, chapels, orchards, gardens, acres, crofts, annual rents, fruits, duties,
profits, emoluments, rents, alms, obits, and anniversaries whatsomever, which
in any way pertained or are known to pertain to whatsoever chaplaincies, vicar-
ages, altarages, and prebendaries, in whatsoever church, chapel, or college
within the liberty, privilege, and parish of our said burgh of Inverness, founded
by whatsoever patron, in the possession whereof the chaplains, vicars, and pre-
bendaries thereof had been formerly, wherever the foresaid houses, tenements,
buildings, orchards, gardens, acres, crofts, annual rents, anniversaries, fruits,
profits, and emoluments lie or were formerly levied respectively, with manor-
places, gardens, acres, lands, annual rents, emoluments, duties, mills, and fish-
ings which formerly pertained to the Dominican or Preaching Friars of our said
burgh, together with all and sundry lands, houses, tenements, lying within our
said burgh, privilege and pai'ish tliereof, with all annual rents of whatsoever house,
lands, or tenement, within our said burgh, given, donated, and founded to what-
soever chaplaincies, altarages, churches, mortuaries, and anniversaries whereso-
ever they are within our kingdom ; and also with all and sundry annual rents and
other duties paid to, or which could be demanded by whatever church without our
said burgh from the Provost or bailies of the common rent of the same, for cele-
brating orisons, with the pertinents : To be held and had all and sundry the fore-
said lands, tenements, houses, buildings, gardens, orchards, acres, crofts, annual
rents, fruits, duties, profits, emoluments, rents, alms, obits, anniversaries,
churches, chapels, the abodes of the Friars, gardens, milns, and fishings thereof,
with their pertinents, by the foresaid Provost, bailies, council, and community,
and their successors, of us and our successors for ever, according as they lie in
length and breadth in houses, buildings, walls, materials, wood, stone and lime,
with free ish and entry, and with all and sundry liberties, commodities, profits,
easements, and their just pertinents whatsoever, as well not named as named,
both under and above ground, belonging, or which can in any way in future
justly belong to foresaid lands, tenements, houses, buildings, gardens, orchards,
acres, crofts, annual rents, fruits, duties, mills, fishings, emoluments, and others
above-written, with the pertinents, freely, quietly, fully, wholly, honourably,
well, and in peace, without revocation or contradiction whatsoever ; with power
to the foresaid Provost, bailies, council, and community, and their successors by
themselves or their collectors whom they appoint, of levying and receiving fore-
said annual rents, fruits, and duties whatsoever, wherever they had been for-
merly levied, of setting and removing foresaid lands and tenements, of building
up and repairing broken-down places, and of converting and applying the same
into hospitals or other similar lawful uses, according as to them, with the ad-
vice of the ministers and elders of the said burgh, shall seem exi^edient, as fully
in all as the foresaid prebendaries, chaf)lains, vicars, or friars above-written, could
have formerly been able to enjoy and possess the same : And the foresaid Pro-
vost, bailies, council, and their successors shall be bound and obliged to main-
tain ministers, readers, and other ecclesiastical burdens, with the foresaid annual
INVERNESSTANA. 233
rents, profits, and duties, in proportion to their value and quantity, and to apply
the places and buildings repaired to hospitality and others before-written ; and
also, considering with what great fraud a great number of said prebendaries,
chaplains, vicars, aiad friars before-wi'itten, who, after tlie change of religion,
disi^oned, alienated, and gifted away into the hands of certain particular men,
their lands, annual rents, and tenements, formerly mortified to chaplains, pre-
bendai-ies, friars, and other places respectively ; and also that very many of our
lieges claimed right to, and recovered certain lands, tenements, and annual rents,
mortified by their predecessors by means of brieves of our chapel, or otherwise by
sasine, as heirs of their j)redecessors who formerly donated the same to the
church, which seems to have happened partly by the negligence of the ofhcers of
our said burgh, and partly by the collusion of said prebendaries, chaplains, vicars,
and friars above-written : Wherefore, with advice foresaid, by these presents
we rescind and annul all and sundry such alienations, dispositions, and sasines,
by which the first purpose and intention of the founders are infringed, altered,
or varied, by applying the same to particular uses, to the effect that they may
be converted to the uses above- written, which declaration of ours we will to be
of as much strength and efficacy as if the persons who obtained such dispositions
had been individually cited and their infeftments rescinded without further
lirocess : And also, with advice foresaid, we unite and incorporate all and
sundry the foresaid lands, tenements, houses, buildings, churches, burying-
grounds, chapels, orchards, gardens, acres, croffcs, annual rents, fruits, duties,
profits, emoluments, rents, alms, obits, anniversaries, abodes of the friars, mills,
and fishings thereof, with their pertinents, into one budy for ever, to be called
our foundation for the ministers and hospitality of our said burgh of Inverness :
We will also that one sasine by the foresaid Provost and bailies, or any of them,
in name of said community, at the Court-house of our said burgh, shall be ac-
cepted as sufficient sasine once for all, for ever, in future, as if the same, notwith-
standing the distance of the places, were taken upon the particular lands per-
taining to said chaplains, prebendaries, vicars, and friars, or to foresaid annual
rents, anniversaries, rents, profits, and duties due to them : Moreover, by thes-e
presents we forbid the chaplains, prebendaries, vicars, and friars, who before
said change of religion had been provided, to be prejudiced by this our present
infeftment, but we reserve to them the use of said fruits and duties during their
life only : Commanding, therefore, our chamberlains, present and future, and
their collectors and factors, and any other vphose interest it is, that no one, iu
kind or in specie, presume to receive or levy said fruits particularly above-
written for any time past or future, nor hinder and cause any impediment to
the foresaid Provost, bailies, councillors, and community, and their successors,
in peaceful possession thereof ; also requiring and ordaining our Lords of Session
that they direct our letters in all the four forms, at the instance of said Provost,
^bailies, community, and their successors, to the effect above written, and also
commanding intromittors whatsoever with said fruits that they promptly attend,
obey, and make thankful payment thereof to them.. In witness of which thing,
to this our present charter, we command our great seal to be appended. Wit-
nesses — the most reverend father in Christ, John, Archbishop of St Andrews,
&c. ; our beloved cousins, George, Earl of Huntly, Lord Gordon and Badenoch,
our Chancellor ; James, Earl of Bothwell ; Lord Halis, Creichton and Liddes-
dale. Great Admiral of our Kingdom ; our beloved familiar advisers, Richard
Maitland of Lethingtoun, Keei)er of our Secret Seal ; James Balfour of Pettin-
dreich. Clerk of the Register of our Rolls and Council ; and John Bellenden of
Auchnoule, our Justiciary Clerk, knights aurati.* At Edinburgh, the 21st day
of the month of April A.D. 1567, and of our reign the twenty -fifth.
On 16tb May 1567, the honourable man James Paterson,
Provost of Inverness, takes sasine on the foregoirjg Charter,
in name of himself and the bailies, councillors, and com-
munity of Inverness, and their successors for ever. The
Precept of Sasine is directed to the honourable man, Alex.
Baillie of Dunain, Sheriif-Depute of the Sheriffdom of In-
verness. Among the witnesses are Walter Innes of Ballen-
* The military Knighthood is that of the ancient knights, and was acquired by valiant
feats of arms. In old documents they were called milites, and sometimes tnilitis
aurati. They were girt with a sword, and had a pair of gilt spurs— hence the te m
miUs auratus.
F 2
234 INVERNESSIAKA.
ega, Master John Fraser in Phoneis, Allan Mackintosli in
Urlarast, Finlay Morison, portioner of Petaclane ; James
Fraser in Holm ; John Fraser, his brother-germ an ; John
Grant in Gorthleck ; John Rose, burgess of Inverness ; Jas-
per Dempster, William Outhbert, and David Cuthbert.
William Gumming acts as notary.
LXXXV.
JAMES VI. 1567-1599. PART FIRST.
King James being but a year old at his coronation, a suc-
cession of the nobility strove for and wielded power as
Governors of the kingdom. They might have the interest
of the country at heart, but showed by their acts that they
mainly looked to their own aggrandisement, and were con-
sistent only in the appropriation of ecclesiastical property.
Upon the 20th of December 1567, in the process and
doom of forfeiture against the Earl of Bothwell, public pro-
clamation was ordered to be made at the Market Cross of
Inverness ; and on 15th August 1568, in a summons against
John, some time Archbishop of St Andrews, and others, the
execution of the messenger bears that it was executed at the
Market Cross of Inverness.
The first Protestant minister in Inverness, Mr Thomas
Howieson, is said to have been appointed in 1568.
In June 1569 the Regent Moray was in Inverness, and
exacted considerable sums from those who assisted the Earl
of Huntly. He sent, on 24th April previous, the following
letter to the Baron of Kilravock : —
True Friend, after our hearty commendation : At this convention of the no-
bility, amongst other matters it is concluded that all such as remain obstinate
and disobedient to the King our sovereign and his authority, shall be reduced
to the obedience thereof ; for which purpose we mind with the first to repair to
these parts, and have appointed the first day of June to be at Brechin. Where-
fore, we most affectuously desire you that ye, well and subtantiously accom-
panied with your haill kin, friends, servants, tenants, and all that will do for
you, fail not to be in the burgh of Inverness the said first day of June, ready to
come forward and meet or otherwise to receive such directions as shall be thought
good to the welfare of our cause ; wherein ye shall do us most acceptable plea-
sure, and declare yourself an earnest favourer of the King our sovereign's autho-
rity, to the obedience whereof, in the end, all men must be brought. This we
give you to God. At Edinburgh, the 24th day of April 1569.— Your good friend,
James Regent.
To our true friend the Baron of Kilravock.
In this same year is found recorded the name of John
Eose, burgess of Inverness, and Margaret Vaus, his spouse.
INVERNESSIANA. 235
Hugh Fraser, Lord Lovat, was Slierifit- Principal of In-
verness, and constable of the Castle, in 1574. Of him, the
History of the Fraser Family relates : — '^ His Lordship was
a great promoter of manly sports, and an expert bowman.
It was a general custom in those days for all the nobility to
meet at stated periods, for the purposes of tilting, fencing,
riding the horses, and the like exercises. At one of tliese
rencontres in the Chapel-yard of Inverness, Lord Lovat dis-^
mounted the laird of Grant, and the Sheriff of Moray. This,
with some taunt which followed, so irritated these gentle-
men as to occasion sharp words, when Lovat said that
as he had given them a specimen of his tilting, he would
now try the mettle of their riding. Dashing the rowels into
his steed, he rode through the river, and made straight for
the hill of Clachnaharry, bidding them keep apace ; here he
leaped his horse over the ledge of the rock, and dared his
pursuers to follow. But they, terrified with the appearance
of the place judged it wisest to desist. The impression, says
our author, made by his horse's shoes below, was visible for
upwards of sixty years after, as it was kept clean by a man
who had an annual pension for preserving it,"
At Inverness, on the 11th day of January a.d. 1574,
Patrick Grant of Glenmoriston sells to Alexander Cuthbert,
burgess of Inverness, two roods of burgage land, built upon,
lying in the burgh of Inverness, near the Market Cross, be-
tween the lands of the heirs of the late George Cuthbert of
the Old Castle at the east, and the lands of the late Robert
Waus, burgess of Inverness, at the west ; whose fronts ex-
tend to the Market Cross of said burgh at the south, and the
backs to the common passage at the north. The reddendo
is lOd, payable yearly to the King and his successors, and
to the abbot and convent of Kinloss and their successors 6s
Scots, payable at the two usual terms, by equal portions.
Alexander Paterson, one of the bailies of Inverness, gives
sasine. The witnesses are the honest men, John Cuthbert,
burgess of Inverness ; David Cuthbert, there ; John Name,
heir apparent of Cromdell ; John Stuart, alias M' Walter, in
Inverness ; John Bane, cordiner in Inverness ; William
Bane, squire ; Thomas Finlayson, officer of said burgh of In-
verness ; Jasper Cumming and William Cumming, notaries-
public ; and William Cumming, Town-Clerk of Inverness,
acts as notary.
At a Parliament held on 5th March 1574, among other
matters there is an order '* anent the making of waping
schawingis." *' The musters of the countries of Caithness
and Strathnaver to be taken williin the bounds thereof by
236 INVERNESSIA.NA.
commission of the Sheriff- Principal of Inverness, and like-
wise within the bounds of Sutherland. The haill remanent
main land of the said Sheriffdom of Inverness, at the head
burgh of the shire ; and Hugh Lord Fraser of Lovat to be
commissioner, with the Sheriff-Principal or his deputies."
The following set of the half of King's Milns, Wester
Inshes, and the forty shillings mailings of fishings in the
River Ness from the Inshes collection is interesting. Here
will be seen indications of the desire for entails, which re-
ceived legislative sanction in 1685. The deed is dated 26th
January 1575, and contains the names of the Provost, bai-
lies, and council, most of whom could write : —
Be it known, to all men, by these present letters, that we, "William Cuthbert,
Provost of Inverness ; John Macgillivray, Jasper Dempster, and John Robertson,
bailies of said burgh of Inverness, with express consent and assent of John "Wans of
Lochslyne; James Paterson, burgess of Inverness ; William Baillie, burgess there;
Alexander Paterson, burgess there; Alexander Paterson, younger, burgess there ;
Alexander Cuthbert, burgess there ; Nicol Kerr, burgess there ; James Skinner,
burgess there ; Thomas Cuthbert, burgess there ; "VVilliam Robertson, burgess
there ; Luke Paterson, burgess ; Alexander Cumming, burgess there ; John
Cumming, burgess there ; Martin Waus, burgess there ; John Rose, burgess
there ; Peter Waus, burgess there ; Gilbert Paterson, burgess there ; and
"William Cumming, burgess there ; common Council of the said burgh of Inver-
ness, with the remnant of the neighbours thereof, have set and for mail let,
and by the tenor of these presents, set and for mail let, to our well-beloved
neighbour, Robert Waus, burgess of the said burgh, and second lawful son to the
late Jasper Waus of Lochslyne, and to his heirs male, lawfully gotten or to be
gotten of his body allenarly, all and haill the one-half of the Kingsmills, mul-
tures, profits, and duties thereof, the quarter land of the Inshes called the
Wester Inshes, extending to the burn that divides the lands of Culcabock and
the said Inshes, at the west ; the Mid Inshes, pertaining to Gilbert Paterson, at
the east ; the Mounthe (Hill) at the south ; and the lands of Machreis at the
north ; and the forty shilling mailing of the water of Ness, with the pertinents
lying within the burgage of Inverness and sheriffdom of the same, lying as said
is : The said John Waus personally present in judgment in a burgh court of the
said burgh, within the Tolbooth of the same, held by William Cuthbert, Provost
of the said bui-gh, and John Robertson, one of the bailies of the same, the 21st
day of January, the year of God 1575 years, freely of his own motive, will,
neither compelled nor constrained thereto, as he confessed in judgment, freely,
purely, and simply resigned and overgave, in the hands of the said "\Villiam
Cuthbert, Provost, and John Robertson, bailie foresaid, in favour of the said
Robert Waus, and his heirs male allenarly, gotten or to be gotten of his body as
said is, the foresaid lands and fishings as said is, above-written, and that for cer-
tain great sums of money, paid and delivered by the said Robert Waus to the
said John Waus of Lochslyne at the making hereof, whereof he holds him well
contented, completely paid and satisfied, quit-claims, exonors, and simpliciter
discharges the said Robert Waus, his heirs, executors, and assignees, by the said
John Waus, his heirs, executors, and assignees thereof, and of the exception
and repetition of not numbered money for now and for ever : And failing of
heirs male, gotten or to be gotten of the said Robert Waus allenarly, incoming
again to his nearest of blood and surname being most worthy thereof, and actual
burgesses of the said burgh of Inverness ; the said Robert Waus and his foresaids'
entry, which shall be and begin God willing at the day and date of these pre-
sents, and to endure from thenceforth continually without any stop,impediment,or
interruption, enduring the said Robert his lifetime : To be had and to be holden
of us. Provost, bailies, council, and community of the said burgh, and our suc-
cessors : To be peaceably enjoyed, occupied, laboured, and manured by the said
Robert Waus, his heirs male foresaid, in all time coming, enduring their lifetime,
with all and sundry their parts, pendicles, and pertinents pertaining or right-
eously may pertain to the said half of the King's mill, multures, profits, and
duties thereof, the quarter land of the Inshes called the "VVester Inshes, and the
forty shillings mailing called the salmon fishing of the "Water of Ness, as well
INVERNESSIANA. 237
not named as named, under the earth as above the earth, in length and breadth
as the same lies, freely, quietly, well, and in peace, without any obstacle, im-
pediment, revocation, contradiction, or again-calling to be made thereinto, in
any time hereafter coming, by us or our successors, or any others in our name :
The said Kobert Waus and his heirs male i^aying therefor yearly enduring his
lifetime to us or our treasurer of the said burgh, and our successors, the mail
and duty after following, viz. — for the half of the King's mill, the sum of eight
pounds, six shillings, and eight pence ; for the quarter called the Wester Inshes,
sixteen shillings and eight pence ; and for the forty shilling mailling of the
salmon fishing of the Water of Ness, forty shillings, usual money of this realm,
at two terms in the year, Whitsvanday and Mai'tinmas, in winter, by equal por-
tions, allenarly, for all other exactions, qu.estion, demand, or secular service,
which may be asked, or any ways required in future, for the said lands, and
fishing with their pertinents, lying as said is ; providing always that the said
Robert AVaus the time of his entry to the foresaid lands double to us, our suc-
cessors, treasurers for the time, the foresaid mails of the said lands and fishing,
and also that the said Kobert Waus enduring his lifetime make continued resi-
dence for the most part of the year within the said burgh of Inverness : Reserv-
ing always to the said John Waus one quarter of the said half of the King's
mills, being in the said John Waus his possession, and that enduring all the
days, years, and terms of the said John Waus' lifetime allenarly, and that for
the yearly payment of the feu-duties used and wont to us, our successors, trea-
surers for the time : And we, forsooth, the saids Provost, bailies, council, and
community of the said burgh of Inverness and our successors shall warrant, acquit,
maintain, and defend these our present letters of tack and assedation in form
and effect as is above-written, conform to the tenor of the same, to the said
Robert Waus and his foresaids against all deadly or die may. In witness of
the which thing, we, Provost, bailies, council, and community, for the most
part have subscribed these presents with our hands, and also with our hands at
the pen respectively as is under-written ; and for the more verification have ap-
pended our pro^jer seals to the same. At Inverness, the 26th day of January,
the year of God 1575 years. (Signed) William Cvithbert, Provost of Inverness,
with my hand ; John Robertson, one of the bailies, with my hand ; Jasper
Dempster, one of the bailies, with my hand ; John Macgillivray, one of the bai-
lies of this burgh, with my hand at the pen led by Thomas Duff at my desire ;
Thomas Duff, clerk, with my hand ; Alexander Paterson, elder, burgess of In-
verness, with my hand at the pen led by Mr Duff at my desire ; Alexander Pa-
terson, junior, burgess of Inverness, with my hand at the pen led by Mr Duff at
my desire ; Martin Waus, burgess of Inverness, with my hand at the pen led by
Mr Duff at my desire ; Peter Waus, burgess of Inverness, with my hand ; John
Rose, burgess of Inverness, with my hand ; John Waus of Lochslyne, with my
hand ; Luke Paterson, burgess of Inverness, with my hand ; I, Wm. Gumming,
burgess of Inverness, and common clerk thereof, with my hand.
LXXXVI.
JAMES VI. 1567-1599. PART SECOND.
The following precept and command by the King to the
authorities of Inverness, to attend at Edinburgh, on the 1st
of August then next ensuing, to account for their rents, cus-
toms, &c., is dated 9th May 1575 : —
James, by the grace of God King of Scots, to the Bailies and Collectors of
Customs of our burgh of Inverness ; Greeting : Since, with the advice and con-
sent of our dearest cousin James, Earl of Mortoun, Lord Dalkeith, &c., our
Regent, and that of our kingdom and lieges, we have ordered our Exchequer
Court to be held at Edinburgh, and to begin on Wednesday, the 1st day of the
238 INVERNESSIANA.
month of August next to come, with continuation of days, we command and
order you that ye be there on the 20th day of said month, before the auditors of
our accounts, prompt and ready to render your account of all and sundry rents,
returns, and customs due by you to us, from the time of the rendering of last
account of your duties, carrying with you all monies due by you to us, whose
terms are, or will then be elapsed, and also an account of the expenses, and of
the disposal of the common goods of said burgh, to be looked into by said audi-
tors to see if they were usefully disposed of or dissipated diffusely, and that ye
premonish all others having or pretending an interest herein fifteen days before
said day, conform to Act of our Parliament, and that this ye in nowise omit,
under the penalty of £10. Given under testimony of our great seal, at Edinburgh,
the 9th day of the month of May, in the year of our reign the ninth, 1575.
To the Bailies and Custumariis of our burgh of Inverness,
in behalf of the Exchequer, &c.
The following instrument of sasine " of a piece of waste
land" sliows that the system of granting or fening out Burgh
property to high officials is of some antiquity. The date of
the charter on which the sasine proceeds is 19th July L574 :
In the name of God, Amen. By this present public instrument let it be evi-
dently patent and made known to all men, that in the year of the Incarnation
of our Lord 1575, and on the 1st day of the month of September, in presence of
me, notary-pviblic, and of the subscribed witnesses, there personally appeared the
prudent man William Cuthbert, Provost of the burgh of Inverness, who had and
held in his hands a charter made by the discreet men, viz., John Cuthbert, burgess
of the burgh of Inverness, Jasper Dempster, and William Gumming, burgesses and
bailies of said burgh of Inverness, under the manual subscriptions of said bailies
to the said William Guthbert and his heirs and assignees on one piece of waste land
of the said community of Inverness, lying within said burgh of Inverness, on the
south side of the wall of the late place of the Preaching Friars of Inverness,
lying between the king's common highway at the east, at the south to the com-
mon passage or highway which leads to the water of Ness, between the Parish
Church of Inverness and the foresaid place of the Preaching Friars of Inverness,
between the king's common highway at the north and the wall of the place of
the Preaching Friars of Inverness at the west, according as is in said charter
more fully contained, at the end of which the following precept of sasine was
added, under the form following, and is thus : — Moreover, we order and com-
mand our beloved Jasper Dempster, burgess of Inverness, .... and
each of you, conjunctly and separately, our bailies, that when ye see these pi'e-
sents, ye go the one or other of you to the foresaid piece of waste land
above-written, lying on the east of the wall of the place of the Preaching Friars
of Inverness, between the king's common highway at the east, the common
highway which goes to the water of Ness at the south, the king's common high-
way at the north, and the wall of the Friars of Inverness at the west, and there
upon the soil and ground, ye give the one or other of you state, sasine, and
hereditary possession thereof to the foresaid William Cuthbert, or to his sure
attorney or procurator, lawful bearer of these presents, by delivery of earth and
stone as the manner is, and that this ye in no way omit, for the doing of which
to you and each of you, conjunctly and severally, we commit our full and ir-
revocable power, by the tenor of these presents : In testimony of which thing,
our common seal, together with our manual subscriptions, and the manual sub-
scriptions of the common council, and of the community, and of the greater part
thereof, in token of their consent and assent, is appended to these presents. At
the burgh of Inverness, the 19th day of the month of July, in the year of the
Lord 1574, before these witnesses — James Paterson, burgess of Inverness, Thomas
Cuthbert, Alexander Cuthbert, Gilbert Duff, burgesses of the burgh of Inver-
ness, and William Gumming, notary-public, with divers others. (Sic subscribi-
tur) Wm. Gumming, ane of ye bailzeis of Innernis for ye tyme, wt my hand
wreit ; Jasper Damster, ane of ye bailzeis of Innernis for ye tyme, wt my hand;
Johne Cuthbert, ane of ye bailzeis of Innernis for ye tyme, wt my hand ; which
charter, with precept added thereto, he presented and delivered to the honest
man Jasper Dempster, burgess of Inverness, bailie in that part si^ecialiy named
in said j)recept of sasine, and then duly required the bailie thereuiion to proceed
to the execution of said precept, according to the tenor thereof, with effect ;
which charter being received by said bailie, and read by me notary-public under-
written, the said bailie forthwith came to the foresaid piece of land, and there,
%
\
INVERNESSIANA. 239
as the manner is, conferred, gave, and delivered state, hereditary sasine, and
also corporal, actual, and real possession of all and whole the foresaid piece of
land, with its pertinents, to the forenamed William Cuthbert, according to the
tenor of said charter and precept of sasine contained therein, by delivery of
earth and stone, nobody gainsaying or contradicting, salvo jure cifjuslibct, on
which all and sundry the foresaid AVilliam Cvithbert, Provost of the burgh of
Inverness, sought to be made for him from me notary-public underwritten public
instruments, one or more. These things were done on the soil and ground of
said piece of land about 7 o'clock A.M., year, day, and month, foresaid. Present
there— John Barnet, mason ; John Macthomas Macbean, alias Gowin-our, (the
Grey Blacksmith) an inhabitant of Inverness ; David Dik, servant of the said
AYilliam Cuthbert ; Blakphaill, exhorter in the Parish Church, wit-
nesses to the premises, called and also required.
And I, Jasper Gumming, Clerk of the Diocese of Moray, notary-public, now
admitted by the Lords of Council, accoi'ding to the tenor of the Act of Parlia-
ment, forasmuch as I, aloiig with the forenamed witnesses, was personally pre-
sent at all and sundry, wliile thus as is iiremised, they were acted, said, and
done, and saw, knew, heard, and took note that they all and sundry were thus
done, I, therefore, have made thereupon this present public instrument, faith-
fully written with my own hand, and have signed and published it under my usual
and accustomed sign, name, surname, and subscription, for faith and testimony
of all and sundry the premises.
It will be observed that this document brings to light the
name of one of the earliest Protestant officials of Inverness,
viz., Mr Macphail, Exhorter in the Parish Church.
LXXXVII.
JAMES VI. 1567-1599. PART THIRD,
In the Parliament held at Edinburgh in October 1579
James Kynross was Commissioner of the burgh, and in
1581 William BaiJlie is recorded as representative.
The following, being the views entertained of Scotland
and the Highlands at this period by a co-temporary, is taken
from a scarce small book in the French language, entitled,
^' La Eecerche des Singvlaritez plvs Remarqvables, concern-
ant 'estat d' Escosse," dedicated to the very august and very
merciful Princess Mary, Queen of Scotland and Dowager of
France, of date 1579, and the author of which subscribes
himself thus, "Yostre tres humble et tres obeissant Servi-
teur David Chambre, d' Ormont." While writing of the
Church and the Saints, he remarks — " And among all the
other Christian kings, those of Scotland are not the least
fortunate in having a great number of such devout men, as
natives in their own country, as also some strangers who
retired thither, like Amphibolus, a native of that country,
called the first bishop of Scotland, who lived about the year
274 ; St Palladius, called the Apostle of Scotland ; St
240 INVERNESSIANA.
Eeo'uliis, who broiigbt the relics of St Andrew out of Greece;
St Kentigern, Bishop of Glasgow, and son of Eugenius IIL,
and nephew of Lotht, king of the Picts, by his daughter
Themeta ; St Fiacre, who died in France, brother of
Farquhar, King of Scotland; Cornan, Ajdan, St Colman,
St Finnan, all bishops; St Aidannan, St Fothed, &c."
Under the title, '' TEstat de Noblesse," we have—" All
the nobles called ^ my lords,' and some Sards' (lairds), as also
the bishops and prelates have vassals who hold their lands of
them in fief, commonly without high jurisdiction, and pro-
bably these vassals have others called subvassals, and all
these are obliged to serve their oldest superior against all others
save the king. The greatest power for resisting enemies in
times of war consists in gentlemen, younger brothers, those
termed nobles, and some lords, called ' lards,' and in those
of their posterity who are sustained as much with the reve-
nues which they have had in gift of their parents, as by
what they have acquired for their service and industry,
without having any other particular title of honour than that
they are called after the name of the village or possession
where they dwell."
Of the people of Scotland he says there are three kinds.
" In the second rank or degree are all those who speak the
the language called ' Gachtlet' (Gaelic),— after the name of a
certain Gatheius, — common to the Irish and some people of
the East Indies, as is proved by some Jesuits not long since.
In ancient times this language was common to all the in-
habitants of Scotland. Those of this rank are robust, strong,
courageous, brave, active; and they always observe entirely
their ancient manners, as well in wearing a kind of dress,
as in observing great sobriety in their food. They also
possess several large provinces and isles, which contain as
great an extent of land as the provinces which those of
the low country occupy. But these lands of this second
part of Scotland are almost all moorish, full of woods and
mountainous. They have also large fortresses fortified by na-
ture, not only sufficient to protect themselves and the others
of the low country in case of necessity, when they betake
themselves there, during the times of the first incursions of
enemies, but also by this means they have always in a short
time the means of attacking their enemies ; so that in read-
ing the histories one will find this mode of succour to have
been one of the principal occasions that the kings of Scot-
land have continued always free, without being subjects to
any strangers. The inhabitants of these lands are called in_
the Scottish tongue ' hechtlandmenj' in French ^ the peo ple
y
n
INVERNESSIANA. - 241
of the highlands.' These are understood among the French
to be n othing less than savages, yet they resemble them in
no_w^7' Of the sobriety of the Scots he says: — "All
historians prove that the sobriety anciently observed by the
Scots and practised at present (particularly by the inhabit-
ants of the Highlands, a race very patient to endure hunger
and all other evils) has been one of the chief occasions of
protecting the country of Scotland for so long a time against
ei:i£Xlltes."
In the year 1582 many Presbyterians having refused to
pay the Bishops their former rents, it was ordered by the
Privy Council that all such should be imprisoned in the
Castle of Inverness.
Sutherland and Strathnaver were disjoined from the She-
riftdom of Inverness in the jeav 1583. The occurrence is
thus related by Sir Robert Gordon : — " The year of God
1583, Alexander, Earl of Sutherland, obtained the superior-
ity of Strathnaver, together with the heritable Sheriffship of
Sutherland and Strathnaver, from the Earl of Huntly, for
the lordship of Aboyne, which gift of the Earl of Huntly
was confirmed by His Majesty's charter under his great seal,
whereby Sutherland and Strathnaver were disjoined and
dismembered from the Sheriffdom of Inverness."
In 1582 the burgh of Inverness renewed their legal pro-
ceedings against Tain, as appears by the following document
endorsed " Town of Tayne, Ane Act betwix Tane and Inver-
ness" : —
At Edinburgh, the last day of February, the year of God 1582 years, anent our
Sovereign Lord's letters, pursued at the instance of the late Mr Robert Creytoun,
of Elrok, Advocate to our Sovereign Lord for the time, and the Provost, bailies, and
Council of the burgh of Inverness, against Andrew Ross, Adam Hay, DonaldM'Cra
Mor, Allan Andrew M'Hucheone, Walter Douglas, Andrew Crystesone, Andrew
Macculloch, Farquhar Reid, Donald Tailzeor, Walter M'Quhill, Thomas M'Jo-
seph, John Mor, elder, Alexander M'Gillechrist, and all and sundry persons,
inhabitants of the burgh of Tain, to hear and see our Sovereign Lord's letters
directed in all the four forms, and each form to be executed after the others
within three days, and the warding to be in the Castle of Blackness, in case of
disobedience, charging the said persons, inhabitants of the said town of Tain in
general, and by their names in special, as they shall be required, to desist and
cease from all exercising and using of the freedoms and privileges of the said
burgh of Inverness, in buying of skins, hides, iron, salmon, and other merchan-
dise, to be brooked and enjoyed by the said pursuers, aye and until the said in-
dwellers in Tain show their privilege and freedom to the contrary, and aye until
they be lawfully called and orderly put therefrom by the law, conform to their
infeftments of the same, granted by our Sovereign Lord's noble progenitors, and
the said Lord's decreet given thereupon, of the date 16th day of March, the
year of God 1500 years, in all points, or else to have alleged a reasonable cause
why the same should not have been done, as at more length is contained in the
said letters : The said Provost and bailies of the said burgh of Inverness com-
pearing, by Mr Oliver Colt, their procurator, and Mr David McGill, now Advo-
cate to our Sovereign Lord, for his Highness' interest, being personally present
in place of the said late Mr Robert Creytoun, advocate, who is deceased, and
the^ said inhabitants of the said town of Tain compearing by Mr John Russell,
their procurator, who alleged that no letters ought to be granted against the said
G 2
24:2 INVERNESSIANA.
inhabitants, because the said burgh of Tain is a free burgh, endowed and privi-
leged with all immunities of a free burgh holding of the king at the least, ac-
coriiing to their erection into a free burgh, which is lawfully confirmed by the
king's predecessors, whereof they have been in possession of a free burgh past
memory of man, and therefore no letters should be directed as is desired, which
allegation the said Mr John offers himself to prove sufficiently, and the same
being found relevant, they have assigned and assign to the said inhabitants of
Tain, the 15th day of April next to come, with continuation of days, for proving
of the said allegation sufficiently, and to that effect ordains them to have letters
to summon such witnesses and probation, and to produce such writs, rights,
reasons, and documents as they have or will use for proving thereof, against the
said day, reserving to the said pursuers all their defences contra producenda ;
and also supersedes the giving forth of the interlocutor upon other two allega-
tions proposed by the said Mr John Russell, procurator foresaid in the said mat-
ter, until the same day, and in the meantime continues, &c., and the parties
compearing as said is are warned hereof, apud Acta. Extractum de Libro Ac-
tor um per me Alexandrum Hay de Sister Kennet, Clericum JRotulorum Megistri
ac Concilii. S. D. N. Regis sub meis signo et subscriptione.
Alexander Hay.
*
LXXXVIIL
JAMES VI. 1567-1599. PART FOURTH.
King James was always in an impecunious state, and the
Estates in 1583 voted him 20,000 pounds Scots for the ob-
jects stated in the narrative of the letters annexed.
The proportion payable by the burghs was £3333 6s 8d Scots,
and the letters command the Provost and bailies of Inver-
ness to appoint stentors to uplift the sum due from the town.
The proportion is not stated, but this was unnecessary, in
respect that all Royal burghs had a certain value placed
upon them by which the respective proportions were allo-
cated and determined.
The seal is entire, and the document, dated 20th April
1583, is endorsed ^^Lres taxatioun."
James, by the grace of God King of Scots, to our Provost and bailies of our burgh
of Inverness, and to our lovites, messengers, our sheriffs
in that part, conjunctly and severally, specially constituted ; Greeting :
Forasmuch, as we being come at the pleasure of God to this estate and
age, and understanding the necessary occasions urging us to have the aid
and support of our Estates, touching the discharge and relief of such
debts as have been contracted in the troublous times bypast of our young
age, as also for making of such charges as will be required toward the pre-
paration for our marriage, and others and most needful and weighty affairs,
concerning our honour and welfare, we, having now convened a good number of
our estates for their good advice in the premises, so as we may be at once re-
lieved of bygone duty, and good order to' be preserved for the honourable enter-
tainment of our Estate hereafter, our said estates presently assembled, after ma-
ture deliberation hereupon, willing to give us their best advice in all things, ac-
cording to their bounden duty, and to condescend to the support of our necessary
and honourable affairs to the utmost of their ability : Finding that the charges
requisite hereanent crave the presence of a greater number of our estates, have
thought expedient therefore that the final resolution and advice upon our pre-
INVERNESSIANA. 243
sent proposition shall be deferred till the assembly of our estates in the next
parliament, to hold and begin, God willing, in our Tolbooth of Edinburgh, upon
Thursday the 24th day of October next to come, with of continuation days, or
to a new convention of our Estates in greater number than is presently assembled ;
and in respect of such needful charges as necessarily are to be provided for in
the meantime, which may not goodly sujffer delay, our said estates presently
convened have willingly granted a taxation of twenty thousand pounds, to be
uplifted and paid by our said estates, to be counted and allowed in the first end
of that sum that shall be condescended upon by them at our next parliament or
convention, that is to say, ten thousand pounds by the spiritual Estate, j)rovid-
ing that the third thereof be taken of the thirds of benefices, so that such as
pay their thirds shall only be astricted in payment of the two parts of the said
ten thousand pounds, and the ministry to be free for so much of the said thirds
as is assigned to them in their stipends, and so much as happens to be deducted
through that occasion to be added to the parts that have been ordained to be
paid by the other Estates ; six thousand six hundred thi-ee score and six pounds,
thirteen shillings, and four pence to be paid by the burghs and free holders,
together with our property, and three thousand three hundred and thirty-three
pounds, six shillings and eight pence, in complete payment of the said taxation
of twenty thousand pounds, by the burghs, and that at one term, viz., upon the
first day of August next to come ; and for inbringing of our burgh's part of said
taxation and relief you the said Provost and bailies : Our will is herefor, and we
charge you strictly and command that incontinent, these our letteis seen, ye
pass and in our name and authority command and charge the inhabitants of our
said burgh to convene and elect certain persons to stent their neighbours, and
that ye command the persons elected to accept this charge upon them in setting
the said stent upon the inhabitants of our said burgh, and to convene and set
the same, and make a stent roll thereupon, as effeirs, within twenty-four hours
next after they be charged by you thereto, under the pains of rebellion, and
putting of them to our horn, and if they fail therein the said twenty four hours
being bypast, that ye incontinent thereafter denounce the disobeyers our rebels,
and put them to our horn, and escheat and inbring all their moveable goods to
our use for their contempt, and so the said stent roll being made and set as said
is, that ye charge the burgesses, neighbours, and inhabitants of the said burgh
to make i)ayment of their part of the said extent to you, conform to the said taxed
roll to be made and given out thereupon within the space of three days next after
they be charged by you thereto, under the said pain of rebellion and putting of
them to our horn, and if they fail therein, the said three days being bypast,
that ye incontinent thereafter denounce the disobeyers our rebels, and put them
to our horn, and escheat and inbring all their moveable goods to our use for their
contempt, and if need be that ye poind and distrain as ye shall think most ex-
pedient, as ye will answer to us thereupon ; the which to do we commit to you,
conjunctly and severally, our full power, by these our letters, delivering them
by you duly executed and endorsed again to the bearer. Given under our signet,
at Holyrood House, the 20th day of April, and of our reign the sixteenth year.
1583. Per Actum Secreti Concilii.
LXXXIX.
JAMES VI. 1567-1599. PART FIFTH.
At the time of acquiring the lands of the Preaching Friars
(see No. 85) Provost Cuthbert appears not to have had
enough to pay for the price, and to have been obliged to
borrow 200 merks from Alexander Bayne of Tulloch, and
Agnes Fraser, his wife. The Provost was able to redeem the
mortgage in 1584, as is seen by the following instrument
244 INVERNESSIANA.
of redemption and renunciation. The notary, it will be ob-
served, drops all Papal reference in his dates : —
In the name ot God, Amen. By this present public instrument be it clearly
known to all, that in the year of the Incarnation of our Lord 1584, on the 29th
day of the month of May, in the eighteenth year of the most serene Prince
James VI., and sixth king of that name, in presence of me notary-public and the
witnesses underwritten, there compeared the honourable man, Alexander Bane
of TuUoch and Agnes Fraser, his wife, hereditary owner of all and sundry lands
•within the wall of the place of the Preaching Friars of Inverness, both arable
and garden, removing and excepting the church and the passage to the church,
which lies between the water of Ness at the west and the king's common high-
way at the east, and the wall which lies at the common passage at the north, on
the north side of the Parish Church of Inverness at the south, and the wall
which lies at the march at the north on both sides, lying within the burgh of
Inverness and sheriffdom thereof ; and also another piece of land built upon,
with the pertinents, lying within said burgh, on the eastern side of the wall of
the place of the Preaching Friars of Inverness, between the king's common high-
way at the east and south and the common passage or way which leads to the
water of Ness, between the Parish Church of Inverness and the place of the late
Preaching Friars of Inverness and the king's common highway at the north, and
the wall ot said place of the Friars at the west, of their own mere, pure, and
spontaneous will confessed, and by the tenor of this present public instrument,
confess, that the foresaid lands with their pertinents were held by them of the
Provost, bailies, council, and community of Inverness, and were lawfully re-
deemed from them by the honourable man, William Cuthbert, burgess of Inver-
ness, hereditary owner and feudatory of all and sundry foresaid lands, with
their pertinents, by virtiie of letters of reversion of the foresaid Alexander Bane
of Tulloch and Agnes Fraser, his wife, to the foresaid William Cuthbert, his
heirs and -assignees, made for the reversion of all and sundry the foresaid lands,
with their pertinents, for the sum of 200 merks of the usual money of the king-
dom of Scotland, acording as in the letters of reversion is more fully contained,
and the premises all and sundry are fully and wholly contained in said letters of
reversion : Moreover, the foresaid Alexander Bane of Tulloch and Agnes Fraser,
his wife, for themselves and their heirs and assignees, have renounced, according
as by the tenor of the present public instrument they renounce, all claim and
title of sasine which they had, have, or in any way shall have, to all and sundry
the foresaid lands, with their pertinents, in virtue of the alienation of the fore-
said William Cuthbert to us, in conjunct fee, and the heirs lawfully procreated
or to be procreated betwixt us and assignees whomsoever : And of all and
sundry the said renunciation by the foresaid William Cuthbert, by virtue of
said letters of redemption and completion, and all and sundry therein contained,
the foresaid Alexander Bane of Tulloch and Agnes Fraser his spouse gave a charter
and precept of sasine, and sundry documents requisite made regarding foresaid
lands to the foresaid William Cuthbert really and with effect : On all and sundry
which the foresaid William Cuthbert sought of me notary-public underwritten
public instruments one or more : These things, all and sundry, were done at
Tulloch, the 29th day of the month of May a.d. 1584. Present there, the
honest men Alexander Merchant, burgess of Inverness ; Alexander Bane, my
eldest lawful son ; Robert Bane, my son; Alexander, Thomas M'Gilliemichael,
with other witnesses called and required.
(Signed) Alexander Batn of Tulloch.
William Cumming acts as notary.
John Brown, messenger, on the 19th of June 1585, passed
to the Market Cross of Inverness, and there, as at several
other places, lawfully summoned, warned, and charged
Archibald, Earl of Angus; John, Earl of Mar; and others;
by open proclamation, as fugitives from the law and furth
of the realm, to compear before the king and his Highness'
justice the 20th of August next to come.
In the year 1585 George, Earl of Huntly, was desirous of
strengthening his position, and obtained from the lairds of
INVERNESSIANA. 245
Fowlis and Glengarry the bonds respectively after quoted : —
Be it known to all men by these presents, me, Kobert Munro of Fowlis, to
be bound and become faithful and ti'ue and thrall man to a noble and potent
lord, George, Earl of Huntly, Lord Gordon and Badenoch, as by the tenor of
these presents bind and oblige me faithfully, by the faith and truth of my body,
loyally and truly to serve the said noble lord, by myself, my kin, friends, ser-
vants, partakers, allies, and assisters, against all and whatsomever person, the
King's Majesty only excepted, &c. In witness of the which, I, the said Robert,
have subscribed this my bond of man rent, and in sign of the said lord's main-
tenance, the said noble lord has subscribed the same, with his hand, at Inver-
ness, the 2d day of October 1585 years.
(Signed) George, Earl of Huntly.
,, Robert Munro of Foulis.
Be it known to all men by these present letters, me, Donald Macangus Make-
allyster of Glengarry, by these presents me to become bound thrall man to a
noble and potent lord, George, Earl of Huntly, Lord Gordon and Badenoch, &c,,
like as my late father Angus Makallyster of Glengarry was of before, by his
special bond made to the said noble lord's late father of good memory proports,
and by these presents bind and oblige me faithfully, by the faith and truth in
my body, to loyally and truly serve the said noble lord by myself, my kin,
friends, servants, partakers, and assisters, &c. In witness of the which, the
said Donald Makangus of Glengarry and the said noble lord have subscribed this
present bond, with their hands, at Inverness, the — day of October, the year of
God 1585 years. (Signed) George, Earl of Huntly,
,, Donald Makangus of Glengarry.
In 1586 Robert Gordon appears at Holyrood House as
Commissioner for Inverness, and in 1587 the names of
Jasper Gumming for Inverness and John Macgillichoane for
Dingwall are recorded.
In the Parliament held at Edinburgh that year appoint-
ment is made " for the furtherance and furthsetting of the
criminal justice over all the realm." " Justice aires shall be
held twice every year in time coming over all the shires of
this realm in the months of April and October." The course to
be pursued is thus set forth : — " And to the effect that all execu-
tions and arrestments requisite may be duly prepared before
the coming of the said Justice-Deputes, it is statute and or-
dained that our sovereign Lord, with advice of his Chancel-
lor, Treasurer, and Justice-Clerk, shall nominate and give
commission to honourable and worthy persons, being known
of honest fame and esteemed no maintainers of evil or op-
pression, and in degree earls, lords, barons, knights, and
special gentlemen, landed, experienced in the loveable laws,
customs of the realm, actual indwellers in the same shires,
to the numbers hereafter limited, according to the bounds
and quantity of every shire — that is to say, within the
counties and sheriffdoms of Orkney and Shetland, fourteen ;
within Inverness and Cromarty, twenty-one ; Nairn, seven ;
Elgin and Forres, seven, &c."
The King wrote to the Earl of Huntly on 20th April 1587,
on matters relating to the Isles, as follows : —
Right trusty Cousin and Counsellor, we greet you heartily well. We doubt not
but the cruelties and disorders in the Isles these years bygone have greatly moved
246 INVERNESSIA.NA.
you, whereanent we intend, God willing, to take some siiecial pains ourself, as
well there as in the Borders, where we have been lately occupied (we directed
our mind unto you what we thought raetest to be done in this behalf in October
last, not doubting but you have been careful thereof since then.) Always fear-
ing that the Islesmen within the bounds of your lieutenancy shall press to make
some rising and gathering, before conveniently we may put order to the matters
standing in controversy in the West Isles, we desire you effectuously that with all
goodly diligence you send to Donald Gorme's son M'Cloydof the Lewis, M'Cloydof
the Harrich, the Clanrannald, and others being of power in these parts, willing
and commanding them to contain themselves in quietness, and that they forbear
to make any manner of convention or gatherings, to the hinder and disturbance
of our good deliberation, for we have written effectuously to Angus M'Conell,
and have spoken with M'Clane, being here for the same effect. And so not
doubting but you will do what in you lies, that all things remain quiet and in
good order within the bounds of your charge, as ye will do us special and accept-
able service, commit you in the protection of Almighty God. At Edinburgh,
the XX. day of April 1587.
I
xc.
JAMES VI. 1567-1599. PART SIXTH.
In the year 1587, King James being then of lawful age,
ratified the Charter granted by Queen Mary in 1567, of the
ecclesiastical lands in favour of the burgh for the hospitality
and sustentation to the poor and orphans, and of ministers
within the burgh according to the confirmation, ^' being
situated among the Highlanders and undaunted people."
The miln and miln lands of Kessock are here described as
part of the subjects of the friars predicators of Inverness : —
Forasmuch as our sovereign lord the King's Majesty, and three estates in this
present Parliament taking consideration that the late, his highness' dearest
mother of good memory, Queen of this realm for the time, having pity and com-
miseration of the poor, impotent, and miserable persons, infants, orphans, and
fatherless within the bvirgh of Inverness, and willing to provide hospitality and
sustentation to them, and ministers within the said burgh being situated among
the Highlands and undaunted people ; in respect thereof, and for other good and
godly causes, moving her grace for the time, after her lawful and perfect age,
with advice of the lords of her secret Council, by her charter under her great
seal, gave, granted, and disponed, and for her highness and her successors per-
petually confirmed to the Provost, Bailies, Council, and community of the said
burgh of Inverness, and to their successors for ever, all and sundry lands, tene-
ments, houses, biggings, kirks, chapels, orchards, yards, acres, crofts, annual-
rents, fruits, duties, profits, emoluments, ferms, alms, obits, and anniversaries
whatsomever, which any ways pertained, or are known to pertain to what-
somever chaplainaries, vicarages, altarages, and prebendaries, founded in what-
somever kirk, chapel, or college, within the liberty, privilege, and parish of the
said burgh, in the possession whereof the chaplains, vicars, and prebendaries of
the same were of before, wheresoever the said houses, tenements, biggings,
orchards, yards, acres, crofts, annual-rents, anniversaries, fruits, profits, and
emoluments, lie or were lifted of before respectively, with manors, mansions,
places, yards, acres, lands, annual-rents, emoluments, duties, milns, and fish-
ings, which pertained of before to the Dominican Friars or Predicators of the
said burgh, together with all and sundry lands, houses, tenements, lying within
the said burgh, privilege, and parish of the same, with all and sundry annual
rents, lifted furth of whatsomever house, land, or tenement, within the said
burgh, given, dotated, or founded to whatsomever chaplainaries, altarages.
INVERNESSIANA. 247
kirks, mortuaries, and anniversaries, wherever the same are within this realm ;
And with all and sundry annual rents, and other duties used to be paid or which
might be craved by whatsomever kirk without the said burgh, from the Provost
and Bailies thereof, f urth of the common rent of the same with their pertinents ;
to be holden of her Majesty and her highness' successors, to the said Provost,
Bailies, Council, and community, and their successors, to be used and applied
by them only to the godly works and use above specified, and not otherwise ;
with other privileges and fi-eedoms for performing thereof, at length specified and
contained in the said Charter and infeftments of the same, of the date the 21st
day of April, the year of God 1567 years, and of her highness' reign the 25th
year, shown and produced, examined and considered by his highness and estates
foresaid more fully proports : And his highness and estates foresaid knowing and
understanding the foresaid gift and disposition to be given and granted for the
good and godly causes above mentioned, and upholding and sustentation thereof,
and in likewise being of the same goodwill and mind that the said godly work
and action be continued, maintained, and observed, in all times hereafter, con-
form to the said infeftment and disposition granted thereupon : Therefore his
highness now after his lawful and perfect age decerned in Parliament and gene-
ral revocation made by him thereinto, with advice and consent of the three
estates of the same Parliament, has ratified, approved, and confirmed, and by
this present act for his Majesty and his highness' successors perpetually ratifies,
approves, and confirms, the foresaid charter, infeftment, gift, and disposition,
therein contained, made, given, and granted, to the said Provost, Bailies, Coun-
cil, and community of the said burgh, and their successors of all and sundry
the premises therein contained, expressed, or mentioned, to be used and applied
by them to the godly works and uses above specified, and no otherwise, conform
to the tenor of the said charter and gift in all points ; and wills, grants, and per-
petually decerns for his highness and his successors that the foresaid charter and
infeftment, gift, and disposition is and shall be valid in itself, and stand in
strength, force, and effect, and be observed in all times coming to the use of the
godly work foresaid, perpetually without any revocation, contiadiction, or again-
calling whatsomever, to be made or opponcd by his highness and his successors,
or any others anyways in the contrary, renouncing the same for ever : Attour
bis highness and estates foresaid by the tenor hereof revokes, rescinds, over-
throws, and annuls all other pretended infeftments, gifts, and titles, what-
somever made, given, or granted, since the foresaid date of the said infeftment,
gift, and disposition, now confirmed as said is, in hurt or prejudice thereof, of any
of the premises, or of any profits or commodities contained therein, to whatsom-
ever person or persons, and specially of the Chaplainaries of the Lady of ye Grene,
John the Baptist, and St Catherine, and lands thereof, and of the miln and miln
lands of Kessock, which miln and miln lands pertained of before to the said
Friars Predicators of the said burgh, and which chaplainaries and lands thereof,
miln and miln lands, are comprehended under the foresaid gift and disposition,
now confirmed as said is, and are one part of the lands, chaplainaries, and others,
mentioned in the same, albeit not contained therein per expressum, and decerns
and declares the said infeftments, rights, and titles, granted and given in hurt and
prejudice as said is, to have been from the beginning, and to be now and in all
times coming null in themselves, and of none avail, force, or effect, with all that
has followed, or may follow thereui^on, and in noways to be hurtful or prejudi-
cial to the said former gift, now ratified, approved, and confirmed, as said is, and
ordains the Clerk of Register to amplify this present Act, insert and register the
same among the remanent Acts of this present Parliament, to have the strength
of an Act of Parliament in all times coming.
James R.
Robert Melne.
XCL
JAMES VI. 1567-1599. PART SEVENTH.
Seeing the numerous changes taking place, the burgh
appears to have been anxious that their various possessions
248 INVERNESSIANA.
sliould be assured to them, hence they applied for, and
obtained from the King, after the attainment of his lawful
age, the following confirmation in regard to the old King's
Milns, and the dry and astricted multures of the lands thirled
tliereto. The Balloch Hill is the part of the ridge of Alt-
naskiach nearest to Inverness, and the mills are supposed to
have been at the foot of the hill, near the Haugh Brewery.
The remains of a mill-lade have been frequently observed,
having its intake opposite to Bellfield, and its course rather
nearer the foot of the hill than the present Dores Road : —
James, by the Grace of God, King of Scots, to all good men of his whole
realm, cleric and laic ; Greeting : Know, since we understand that our most
noble progenitors of good memory have appointed and ordained the mill built
upon the water of Ness, on the south side of the Castle, called ' ' lie Ballokhill" mill
to be demolished, destroyed, and pulled down, by the mayors, aldermen, bailies,
councillors, and community of our burgh of Inverness, and that they hold the
astricted and dry multures of all lands belonging to said mill for annual payment
of the sum of six merks of the usual money of our kingdom, at two terms in the
year, the Feasts, viz. : —of Pentecost and St Martin in Winter by equal portions
only ; according to which order, said mill was demolished and destroyed : And
the foresaid mayors, bailies, councillors, and community of our said burgh of
Inverness, have been in continuous possession of the foresaid dry multure of the
lands above specified in all times past : And willing that said donation, disposi-
tion, and privilege, by our foresaid most noble progenitors, of the destruction
and demolition of foresaid mill, and the disposition of foresaid dry multures,
above specified, to the said bailies, councillors, and community of our burgh,
aforesaid, shall remain in full strength, efficacy, and efltect, in all times to come,
without any question, doubt, or contradiction whatsoever ; we, after our perfect
age of twenty-one years complete declared in our Parliament, have ratified, ap-
proved, and for us and our successors for ever confirmed, and by the tenor of
our present charter, ratify, approve, and for us and our successors for ever con-
firm the donation and disposition above specified, made by our predecessors to
the foresaid mayors, bailies, councillors, and community of our burgh aforesaid,
and to their successors, of the destruction and demolition of the mill aforesaid,
and the disposition of the dry multures aforesaid, of all lands belonging to said
mill, in all their articles, conditions, and points contained in the same, accord-
ing to the form and tenor thereof : And we will and grant, and for us and our
successors decern and ordain, that this our present donation, disposition, and
ratification, shall be in all times to come of such validity, efficacy, and effect, to
the foresaid bailies, councillors, and community of our foresaid town of Inver-
ness, for pacific possession and enjoyment of the premises, as if the same had
been given and granted of old, word for word by our most noble progenitors :
Moreover, of new with advice and consent of our computers of the roll, we have
given and granted, and by the tenor of our present charter give and grant full
power and liberty to the said Provost and bailies, the councillors and community
of our said burgh of Inverness, that the said mill, or any other mill whatsoever,
built or to be built, in hurt and prejudice of our said burgh, and of the disposi-
tion of the multures above specified, shall be demolished, pulled down, and de-
stroyed : Also, of new we have given, granted, and disponed, and by the tenor
of our present charter give, grant, and dispone to the said Provost, bailies, coun-
cillors, and community of our burgh aforesaid, and to their successors, all
astricted and dry multures of whatsoever lands which pertained to the said mill,
for annual payment to us and our successors of foresaid sum of six merks of the
money of our kingdom, at the terms above written, as was accustomed to be paid
in times past only : In testimony of which thing we have commanded our great
seal to be appended to this our present charter. Witnesses — our very beloved
cousin and adviser, John Lord Hamilton, Commendator of our Monastery of
Aberbrothock ; Lord John Maitland of Thirlestane, Knight, our Chancellor and
Secretary ; the most reverend and venerable fathers in Christ, Patrick, Arch-
bishop of St Andrews ; Walter, Prior of Blantyre, Keeper of our Secret Seal ; our
beloved familiar adviser, Alexander Hay of Easter Kennet, Clerk of our Rolls of
the Register and Council ; Ludovic Bellenden of Auchnoull, Knight, our Justi-
INVERNESSIANA. 249
cinry Clerk, and liobei't Scott, Director of our (Jhancery. At Holyi'ood House,
KJth March, iu the year of the Lord 1588, and of ovir reign the 22d.
The practice of paying an Edinburgh Lawyer an annual
fee was formerly a very common one. The following, by the
Burgh of Inverness, to Master Oliver Coult, dated 12th
March 1589, is the earliest record of this kind extant in this
burgh. The salary is Six Pounds Scots money. Many dis-
tinguished lawyers held the office subsequently, and among
others, Duncan Forbes of Calloden, whose salary, it is
thought, was Twenty Pounds Scots : —
Be it known to all men by the present letters, we. Provost, bailies, council,
and community of the burgh of Inverness underwritten, for the good, true,
loyal, and faithful sure counsel to be given to us and our successors by Master
Oliver Coult, advocate in the common affairs of the said burgh, and iov procur-
ing [i.e., acting as procurator] in the actions and causes thereof, and setting for-
wards the same before the Lords of our Sovereign Lord's Council and Session,
and other judges where it shall happen Master Oliver Coult to make residence
[attendance] : And for producing by him yearly before the Lords of our Sove-
reign Lord's Exchequer in due time, of the burgh accounts of Inverness and
hospital accounts there of the said burgli, and causing of the same to be enrolled,
as the same shall seem to him, with the dues of the clerk, conform to use and
wont ; to have given, and granted, and disponed, and by these presents for us
and our successors give, grant, and dispone to the said Master Oliver for all the
days, years, and terms of his lifetime, a yearly pension of six pounds, usual
money of this realm, to him, to be paid yearly at two terms in the year, viz. : —
"Whitsunday, and Martinmas in "Winter, by equal half portions, of the readiest of
the maills, ferms, duties, fruits, rents, profits, and emoluments of the said burgh,
by us and our successors, obliging us and them thereto, without fraud or guile :
And to that effect we are content, and consent that these presents be acted and
registered in the books of our Sovereign's Lords of Council and Session, to have
the strength of an Act and Decreet of the Lords thereof, with executorials of
horning to pass thereupon, upon a single charge of three days allenarly : In
witness of the which to these presents, subscribed by us as follows, our common
seal is appended at Inverness, the 12th day of March, the year of God 1589 years.
The following ample powers of Justiciary, to the Provost
and Bailies of Inverness, were granted by the King, on the
4th of August 1589:—
James, by the Grace of God, King of Scots, To all and sundry lieges and sub-
jects whom it effeirs, to whose knowledge these ovir letters shall come ; Greet-
ing : Forasmuch as it is understood by us and the Lords of our Secret Council
that there is a great number of persons within our burgh of Inverness, freedom
and territory thereof, who daily and continually commit theft and wilful reset
thereof, witchcraft, pickery, and sorning, and cannot be stayed therefrom in time
coming without remedy being provided : Therefore, we have made and consti-
tuted, and by these presents make, constitute, and ordain our lovites, the Pro-
vost and bailies of our said burgh ot Inverness, conjunctly and severally, our
justices in that part within the bounds of our said burgh, freedom and territory
thereof, to the effect underwritten; giving, granting, and committing to them,
conjunctly and severally, our full power and commission, express bidding and
charge, to search, seek, and take, all and sundry persons within the bounds
above specified, suspected and delated of the crimes above written, wherever
they may be apprehended and taken, and to put and hold them in sure firmance
and captivity, aye, and until justice be ministered upon them, conform to the
laws of our realm : And to that effect, courts, or courts of justiciary, within our
said burgh, to fence, begin, affix, hold, and continue, suits to make be called,
absents to amerciate, unlaws, amerciaments, -and escheats of the said courts, to
lift and raise, and for the same, if need be, to poind and distrain, and in the same
courts, all and sundry persons suspected and delated of the crimes above written,
or any of them, to call by dittay, to accuse, and them to the knowledge of an
assize to p\it, and as they be found culpable or innocent, to cause justice be
ministered upon them, conform to the laws of our realm, assizes, one or more
H 2
250 INVERNESSIANA.
needful, to this effect of the four, have about each person, under the pain of
forty pounds, to summon, warn, choose, and cause be sworn, clerks, macers,
doomsters, and all others, officers and members of court needful, to make, create,
substitute, and ordain, for whom they shall be held to answer, and generally,
all and sundry things necessary for execution of this our commission to do,
exercise, and use, which of law or consuetude of our realm are known to per-
tain, firm and stable holding, and for to hold, all and whatsomever things our
said justices shall do herein, charging you all and sundry our said lieges and
subjects to concur, fortify, and assist our said justices, conjunctly and severally,
in all things tending' to the execution of this our commission, and to do nor at-
tempt anything to their hindrance or prejudice, as ye and each one of you will
answer at your uttermost charge and peril : These our letters of commission to
endure for the space of one year and further, aye and until the same be spe-
cially discharged. Given under our signet, and subscribed with our hand at
Aberdeen, on the 4th day of August 1589. Providing always that our said jus-
tices make just count and reckoning yearly of the half of the unlaws and
escheats of the persons convicted or put to death for any of the said crimes.
(Signed) James R.
In the year 1590, Alexander, Earl of Sutherland, was
served heir at Inverness to his great grandmother, Eliza-
beth, Countess of Sutherland, and his great grandfather,
Earl Adam.
In the year 1591, Mr Thomas Howeson, minister of In-
verness, subscribes the last will and testament of Katharine
Falconer, Lady Kilravock, because she could not write.
In the same year the old feuds betwixt the families of
Huntly and Mackintosh again broke out with great violence,
the Gordons invading and wasting Petty and Culloden, and
stirring up Lochiel and Keppoch to waste and harry Bade-
noch and Strathspey. On the other hand, the Mackintoshes,
with the assistance of the Grants, not only defended them-
selves, but invaded Auchindown and the Cabrach. The
Town of Inverness became mixed up in these quarrels, and
alwavs sided with the Mackintoshes.
XCIl.
JAMES VI. 1567-1599. PART EIGHTH.
The following charter of the lands of Drummond, formerly
and still in the Gaelic termed Drumdevan (the ridge of
shelter), dated 5th February 1591, is naturally an object of
special interest to the writer of this book. It is also gene-
rally interesting, inasmuch as it is an early and mi 
Live Music Archive
Librivox Free Audio
Metropolitan Museum
Cleveland Museum of Art
Internet Arcade
Console Living Room
Books to Borrow
Open Library
TV News
Understanding 9/11