I ■ Bill" ill I Ml J II I 111 .1 'ill jl) 1 THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES THE UPPER WARD OF LANARKSHIRE. !;! ;•' WTi v Coulter Maynes. THE UPPER WARD OP LANARKSHIRE DESCRIBED AND DELINEATED. THE ARCHAEOLOGICAL AND HISTORICAL SECTION GEORGE VERE IRVING, F.S.A. Scot., VICE-PRESIDENT OF THE BHITISH ARCHAEOLOGICAL ASSOCIATION. THE STATISTICAL AND TOPOGRAPHICAL SECTION BY ALEXANDER MURRAY. VOLUME SECOND. GLASGOW: THOMAS MURRAY AND SON. EDINBURGH: EDMONSTON AND DOUGLAS. LONDON: J. RUSSELL SMITH. MDCCCLXIV. INDEX TO SECTIONS. BY G. V. IRVING. Carinichael, the Parish of, Douglas, " Lesmahagow, " Lanark, " Carluke, " Carstairs, " Caruwath, " Page 5 to 2G u 37 l ' 148 a 177 ' ' 236 u 257 ' ' 361 u 395 ' ' 426 it 447 ' ' 461 u 475 ' ' 534 BY A Carmichael, the Parish of, Douglas, K Lesmahagow, It Lanark, u Carluke, ti Carstairs, i< Carnwath, u MURRAY. Page 1 to 4 and 27 to 34 35, 36 u 149 " 172 173 to 176 u 237 " 254 255, 256 u 362 " 392 393, 394 (I 427 " 444 445, 446 l< 462 " 470 471 to 474 (( 535 " 548 621& MAPS IN VOLUME SECOND, ip of the Upper Ward of Lanarkshire, with Castles, Old Kirks, etc., engraved thereon, where located. * of Parish of Carluke, ..... opposite page 393 Carmichael, Carnwath, Carstairs, . Douglas, . Lanark, Lesmahagow, 1 471 445 35 255 173 * For St Blode's, read St Bryde's. SHIELDS ENGRAVED ON THE MAPS. The Duke of Hamilton, on Mapoi ' CFpper Ward of Lanarkshire The Earl of Home, ' i u Douglas Parish, opposit e page 35 Somerville of Carnwath, • i « Carnwath " ' 471 Lockhart of Lee, • C 11 Lanark ' ' 255 Brown of Auchlochan, t t( Lesmahagow " 173 Carmichael of Eastend, ' I (C Carmichael " 1 Cranstoun of Corehouse, ' I l( Lesmahagow " 173 Lockhart of Milton, ' I u Car-luke, " 1 . 393 Mackirdy of Birkwood, ' I 11 Lesmahagow " 173 Monteith of Carstairs, ' ( u Carstairs " 445 Mossman of Auchtyfardle, ' ( It Lesmahagow " 173 INDEX TO THE ILLUSTRATIONS. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. VOLUME SECOND. Portrait — Coulter-Maynes, Coulter {see page 232, Vol. I.), Title " the late Col. AVm. Lockhart, of Milton -Lockhart, page 414 " 482 " 233 " 239 Antiquarian View — Aisle, in ruined kirk at Carnwath, . " " Craignethan Castle, Lesrnabagow, . do. do. 2d View, Douglas Castle — woodcut — Vignette, " — do. Kirk of St Bryde's, . . "54 Hall Bar Tower, Carluke, . . " 423 Lanark, ruined kirk of, . . . " 280 Lanark, Seal found at, . . . " 486 The Leo Penny, as in Waverley Novels, " 291 Newbigging Cross, Carnwath, . " 486 "Our Peas Tree" of the Bruce, . " 370 Koman Bridge, over Mouse-water, . " 379 Somervilles, tombs of the, Carnwath, " 510 do. do. do. " 494 Wallace Cave, Cartland, Lanark, . " 379 Walston Tomb, effigy, ..." 486 Scenery — Views of Birkwood Glen — woodcut — Lesrnabagow, " 254 " " " Corra Linn, from the S.W., " " 374 " " " Milton-Lockbart Bridge, Carluke, . " 419 " Birkwood House, Lesrnabagow, . " 248 " Carstairs House, . . . . "463 " Core-House, Lesrnabagow, . . " 245 " Eastend- House, Carmichael, . . "27 " Lee, House of, Lanark, ..." 366 " Mauldslie, Carluke, . . . . " 44<> " Milton-Lockbart, Carluke, . . " 436 " Kerse-House, Leamahagow, . . " 250 " Stonebyres-House, " . . " 249 it u a. (t u u u u «l 41 Mansions u u 11 (I it * THE UPPER WARD OF LANARKSHIRE. THE PARISH OE CABMICHAEL Has been well described, in 1791, by the Rev. Robert Inglis, who held the charge from 1773 until 1814; and in 1838 by his successor, the late William Lamb, D.D., who died in 18G3; and free use will be made of the papers written by these excellent men and accomplished clergymen. From the Mill-hill, on the Clyde, in Pettinain, on the north- east, to Mount-Stewart on the south-west, and in Douglas parish, is six miles ; and from the summit of Tinto in the south-east, to Harperfield, in Lesmahagow parish, on the north-west, where the Douglas- water flows into the Clyde, may be five miles ; the area of the parish being, by Ordnance figures, is 11373 - 75 5 — of which 59 '453 are given as water, 10840 villages, 75 - 997 roads, and 11227 '465 land. Since these measurements were reported, the railway from Carstairs to Douglas has been laid down, and it traverses the northern, the lower end of the parish, from the Clyde, upwards by the strath of Douglas-water. A line drawn from the cairn on Tinto, along the crown of its western ridge, until the parish of Douglas is reached, divides the parish from that of Wiston on the south ; and another line, nearly at right angles with the preceding one, from the south-west point of the parish, and terminating on Douglas-water, near the Ponfeigh coal- work, marks on the west the Douglas march ; the river of Douglas being the boundary on the north-west between the vol. n. a 2 THE UPPER WAED OF LANARKSHIRE. parishes of Douglas and Lesmahagow; while, from opposite Harperfield to Mill-hill, the Clyde divides it from Lanark — the parishes of Pettinain, Covington, and Symington being on the east; but the outline of the parish is clearly defined on the map as engraved for this Work. Tinto is the hill of the parish, as it is of the Upper Ward of the shire — it may be said of the Middle and Lower Wards likewise ; as, so straight is the strath of the Lower Clyde, that from the hill of Finnart, where the Holy-loch and Loch-long meet in the Frith of Clyde, those who have faith in their eyesight declare that the summit of Tinto can be clearly discerned; and, in the sixty miles intervening, there is no height to mar the view. Tinto, as looked on from the Biggar level, or from the upper course of the Clyde, may be more bold in outline than when viewed from the north, as the range of heights from the Douglas-water, southwards, has few abrupt features, yet there rises the reddish-coloured height of the hill whose name has been, in all time, a household word in every Clydesdale home. Tinto (28), by Ordnance measurement, is given as 2350 feet, 106 feet lower than Coulter-fell in the south-east, but more of the mountain in character, as the flood of the Clyde sweeps so roundly by its base. In a note appended to the Statistical Account for 1791, it is stated that "the highest point of Tinto is above the Clyde; about a mile north-east from the bottom of the mountain is 1740 feet; above the Clyde at the bridge of Lanark 2050^- feet, and at the old bridge of Glasgow 2351 J feet. So that, from opposite to the north-east part of Tinto to Glas- gow, near thirty-five miles, the Clyde falls 6111 feet." Of the Tinto range of hills, which run westward for the Douglas border, there appears to be one north of the cairn on Tinto, height 1859 feet, but name not given; and west, and above the Wiston inarch, is Lochlyock-hill, 1734 feet; further west is Howgate- hill, 1472 feet, and between it and Tinto-end runs a drove- road or bridle-path, of which the statist of 1791 remarks — "that the passage through it has much the appearance of being, although not wholly, formed, yet greatly assisted, by art; as, for a considerable way, it is little more than seven feet wide, the mountain rising steep on each side, and at the north THE PAEISH OF CAEMICHAEL. 3 end there are little hills, which seem as if carried from the middle to make the passage easier." To a party on foot, or on horseback, the path by the Howgate from Crawford-moor for Lanark is shorter far than by the road nearer the river, and known as the Carlisle turnpike. North of Tinto-end is the Level- hill, rather strangely named, 1205 feet; south of Drumalbyn- hill is a height, 1105 feet; and north rises the Black-hill, 1220 feet; and north-west the Stone-hill, 1030 feet; Drumalbyn home- stead is 884 feet, and the hill of Carmichael, in the north-east, 1156 feet high. The Clyde, given as the River on Ordnance sheet, accounts for half the water in the parish, its flood being broad, although, from Mill-hill to Douglas-water, the course is short. The burns show an area of ten acres, the ponds, dams, etc., above half that extent; and the difference of water may be that of the Douglas, which flows into the Clyde here. An analysis and summation of the Ordnance figures give for Carmichael parish 6 385 acres, marsh; 64 '289 meadow; 1020 heathy pasture; 4155 rough pasture; 6375 arable; 625 wood; 27 turnpike; 50 parish; and nearly 12 acres other roads; 61 acres for houses; with some acres for gardens, ornamental grounds, brushwood, etc. On valuation roll for 1858-9 the figures were, for Carmichael of Westraw, 2701?. 13s.; Lady Montague of Douglas, 1701?. 155.; Carmichael of Eastend, 635?, with 50?. for manse and glebe, 22?. 13s. 4d for school-house and garden, and 16?. 10s. for toll-houses on the turnpike, make up the roll amount of 5215?. 16s. In 1863-4 it was 5386?. 8s.; and by report of statist in 1838 it was 4591?, and the "real value" rents of the respective proprietors — that is, those on which the parochial burdens are calculated from — were, Carmichael 1266?. 13s. 4d, Douglas 786?. 13s. 4d, and Eastend 2661. 13s. 4d— in whole, 2320?. The rent value stood in 1858-9 at 410?, 280?, 239?., 216?., 210?., 190?, 180?, 171?., 140?, 122?, 120?, 120?, 116?, 105?, 100?, 91?, 87?., 85?, 81?, 75?, 70?, 60?, 60?, 60?, 58?, 56?, 53?, 53?, 53?, 45?, 45?, 45?, 44?, with many entries from 40?. to lesser amounts, for parks in Carmichael policy, minor farms, etc, and 635?. of the Eastend estate is held in his own hands by the proprietor. The turnpike or toll-road from 4 THE UPPEE WAED OF LANAEKSHIEE. Carlisle for Stirling, and from Biggar for Lanark, traverses the parish on the east, and on the north runs the toll-road from Douglas, of old that from Edinburgh by Muirkirk for the west, and another turnpike skirts the joarish on the west, near Mount- Stewart, for the Wiston district. The aspect of the parish is more hilly than mountainous, and the hills on their southern aclivities are generally fertile, the land towards the Clyde being of a thin sandy soil, in some parts of a deep loam, but the larger proportion of the arable land is a clayey, wet soil, resting on till, and mixed with water-rolled stones; but where the clayey soil has clay-slate below, it is pro- ductive, as the water percolates through it. Tinto belongs to the geological formation of the Pentland-hills, but the greater part of the parish is on the old red sandstone rock. Lead has been dug for at Howgate, but to no profit, although the workmen believed the heavy spar found to be like that so abundant at Leadhills. In the north-west of the parish, near Douglas-water, coal is abundant, and besides the coal seams, limestone and sand- stone are wrought. In 1791 the Earls of Hyndford were resi- dent heritors in the parish, and the reverend statist of that day delights to expatiate on the improvements they had made in his parish, in planting of wood in particular, "the presmt Earl having planted this last season about 10,000 trees," and his predecessor, between 1738 and 1762, having enclosed and sub- divided 1200 acres, erected upwards of 35 miles of stone and earthen fences, and expended the whole rent, and sometimes more, on improving the Carmichael estate. The statist of 1838 gives an estimate of the produce of the parish as follows: oats, 904 bolls sown, yielding 5424 at 15s, or =£4068; 53 barley, giving 424 at lSs-^381; pease, =£57; potatoes, =£970; turnips, =£000; rye-grass hay, =£840; meadow hay, £350; sheep, 2270 at 6s each==£681; cows, 514 at =£4 each, for grazing, =£2056; 400 queys at 20s each ==£400; 112 horses at 40s each==£224 ; 37 colts at 30s==£55 10s; thinning of trees, =£230— in whole, =£10,912 10s. A. M. * THE PARISH OF CARMICHAEL. 5 NAME. Karemigel, Kermikel, Kermichel, Kirkmychel, Carmichell, Carmichael. The fact of the church of this parish having been dedicated to St Michael gave origin to this name, the word being formed by prefixing the Saxon cyrc, a church, to the name of the archangel. HTSTOEY. Ecclesiastical Affairs. — Among the churches found to belong to the see of Glasgow by the inquest appointed by David, Prince of Cumbria, about 1116, there is enumerated that of Planmichel, which Chalmers considers to be a mistake of the transcriber for Llanmichel {Reg. Glas., 3, 1). It has been conjectured with great probability that it was the church of this parish. In a bull granted by Pope Alexander III. to Bishop Ingram, confirming the title of the chapter of Glasgow to certain churches, mention is made of that of Chermicdh, which seems to be identical with Carmichael (Beg. Glas., 22, 24). A subsequent bull of confir- mation, granted by the same pontiff to Bishop Joceline in 1179, includes the church of Kermichel; and it is enumerated among the possessions of the see of St Kentigern in two similar bulls granted by Lucius III. in 1181 and Urban III. in 1186 (Reg. Glas., 42, 51; 49, 57; 54, 62). Eobert the Bruce, soon after his accession, granted to Sir James Douglas the advowson of the church of Carmichael (Reg. Mag. Sig., 15, 77). It remained in the possession of the Douglas family till the forfeiture of the Earl of Angus in 1528, when the King granted it to William Carmichael of that ilk. This gift was confirmed by another charter in 1582 (Reg. Mag. Sig., XXII, 278; XXIV, 254). The reversal of the forfeiture of the Earl of Angus by the Par- liament in March, 1542-3, restored to him the patronage of Carmichael, which was held by his family till the commencement of the eighteenth century, when it was again acquired by the Carmichaels of that ilk, who had been created Earls of Hynd- ford. The precise date of this transaction has not been ascer- tained, but it must have been subsequent to 1693, for we find, from the records of the Presbytery of Lanark, that the Marquis VOL. II. A 6 THE UPPEE WAED OP LANAEKSHIEE. of Douglas, as patron of the parish, did in that year appropriate the vacant stipend of Carmichael to the following pious uses : — " repairing the church and manse, building a school-house, re- pairing a bridge, and maintaining two students of philosophy at the college of Edinburgh for three years." The vicaria de Carmichael is valued in Baiamond's Roll at ^40, but this is evidently a mistake for the rectory, which is entered in the Taxatio Eccles. Scot, at oC34 (Reg. Glas., LXVIIL, LXXVI.) After the Reformation, the incumbent, George Douglas, reported that in times past the parsonage and vicarage dues had been let together for 100 marks yearly, but at that time the corn tithes of the parsonage produced 9 chalders 1 boll of victual yearly ; while the vicarage revenues were let for only six marks a year, the old offerings and other oblations having been stopped (Book of Assumptions). Robert de Jedw T orth, parson of the church of Kermighel, swore fealty to Edward I. in 1296, in consequence of which an order was issued that his property should be restored (Ragman Rolls, 159; Rot. Scot. I., 25). In 1362, Richard Dowrog was rector of Carmichael (Chart. Lennox, II., 154, quoted by Chalmers, III., 727). We have already seen that George Douglas held the living at the time of the Reformation. Ninian Swan, exhorter at Carmichael, was admitted to minister baptism and solemnize marriages at Beltyn, 1569, with a salary of 40 merks (Book of Ministers, 33). In 1576, the kirk-land of this parish was held by J.ohn Leverance, elder minister of Douglas, under the obliga- tion of paying the reader at Carmichael (Ibid, App., 82). Mr Robert Landels was admitted minister in 1589, Mr John Syming- ton in 1597, and Mr James Heigh in 1607 (New Stat. Account). On the occasion of the general collection for Dunfermline in 1624, this parish contributed £12 (Lanark Pres. Rec.) On the 7th of March, 1638, the Presbytery of Lanark found that Carmichael was one of the three parishes within their bounds in which the Covenant had not yet been read (Ibid). This appears to have been occasioned by the adherence of the incumbent to the prelatic party, as, on the 7th of March, 1639, it is minuted that "Gideon Weer, compeering in the name of THE PARISH OF CARMICHAEL. 7 the parochine of Carmichael, presented befoir the presbyterie a dimission of the cure and benefice of that kirk, subscryved by Mr Bob*- Name, late minister, befoir witnesses : Theirfoir, the brether by this present act declares the said kirk of Carmichael to be vacant and void, as if the said Ro 1 ' had been naturallie dead/' It would appear that the Presbytery immediately pro- ceeded to induct Mr Alexander Levingstoune. as successor to Mr Name, without any regard to the rights of the lay patron, as he appears as minister of the parish in the important sederunt of the 18th July, but without the support of any elder. On the 19th of September, however, the Presbytery was formally informed that the Marcpiis of Douglas had presented Mr Wm. Hamilton to the kirk of Carmichael, whereupon they replied "that they can give no answer before they see the man, but, in the meantime, undertake that nothing shall be done in pre- judice of my Lord's right till next day." Mr Levingstone, nevertheless, continued in possession of the living, and, on the 25th of June in the following year, he was chosen by his brethren to go out with Colonel Fleming to preach to his regiment for twenty days or a month. On the 16th of January, 1645, the Presbytery appointed three commissioners to treat with the patron of Carmichael anent a sufficient maintenance to the minister thereof. On the 20th of March, 1646, John Dick, in the parish of Lanark, appeared before the Presbytery, "and being found to have stolen the communione at Carmichall when a testimoniall was refused be his awine minister, as likewayes, being found to have miscarried in the tyme the enemy was in the countrey, is referred to the Session for further tryell and censure." On the 10th of the following December, Mr Leving- stone was translated to Biggar. Mr James Hamilton was in- ducted as minister of Carmichael on the 16th of May, 1650. On the 2d of the following January, the Presbytery met at Milmure, in this parish, "because the brethren might not meet at Lanark because of the enemies." On this occasion the brethren, "considering that corresponding with the Sectarian forces now oppressing the kingdom, buying anything from them of goods plundered or pressed from the country, doth encourage 8 THE UPPER WARD OF LANARKSHIRE. soldiers to plunder and oppress, and so hastens the desolation of the kingdom," resolved to "charge all persons within their bounds to abstain from corresponding, as said is, as they would remove the grievous oppression of their suffering brethren, and that under pain of ecclesiastical censure, to be peremptorily executed," and directed "intimation thereof to be made in every paroch church, that none may pretend ignorance." Mr John (James?) Hamilton, minister of Carmichael, was, in 1663, expelled from that charge (Wodrow, I., 326). In the records of the Pres- bytery of Lanark, of the date March, 1665, it is minuted that Mr Alexander Faules was presented and admitted to the kirk of Carmichael. He was succeeded on the 8th of November, 1666, by Mr John M'Queen; on the 1st of September. 1669, by Mr Peter Peirson; by Mr Lauchlan Ross in March, 1687; and by Mr James Garthshoar on the 25th of January, 1691. On the 4th of August, 1697, the Session books were examined by the Presbytery and approven, and the minister at the same time reported that there was a salary of 100 merks Scots for the schoolmaster. From the terms in which the church is men- tioned in the charter of Eobert the Bruce to Sir James Douglas, there is every reason to suppose that it stood considerably to the south-east of the present edifice, and the names of St Michael's well and St Michael's bog (the latter having, however, been obliterated by the progress of modern improvement and cultivation) indicate the site of the original structure. It would also appear that the parish contained at least one minor chapel. A place on the margin of a burn, to the north-west of the church, is called Chapel Hill, while another closely adjoining is known as "St Bride's Close" — names which undoubtedly indi- cate the existence of some religious foundation in the vicinity. Civil Affairs. Barony. — Richard, the seneschal of Kare- migel, was one of the inquest which, under the warrant of Alexander III., made inquiry as to the title of Adam of the Livery to the lands of Pettinain; and the Baron of Kermikel was one of the honest men of Levenax who made inquisition as to the lawful owner of the lands of Polnegulan, at Dumbarton, THE PARISH OF CAEMICHAEL. 9 in 1529 (Act Pari., I., after Preface, 88, 89). Robert the Bruce, soon after his accession, granted a charter to Sir James Douglas of the valley of the Duglas, and the whole land and tenement of Kirkmychel. This charter is a bounding one, and thus describes the marches of Carmichael : " From the Karyn (Cairn) of Tintov downwards by the Merburne to the moor of Thankariston, and across by the same moor to the east side of Hokendu, till it reach Glaedburne, and across Glaedburne, up the burn on the east side of the church of Kirkmichel, and from the head of that burn downwards by the middle of Clouche Bum Bog to Chernesford, and so downwards to the river Clyde, and down the said river Clyde to the place where the Douglas Water falls into it, and then up the latter." As the grant included the lands of Douglas as well as those of Carmichael, no notice is taken of the line of march between them (Reg. Mag. Sig., 15, 77). In 1342, King David II. granted a charter of the lands of Douglasdale and Carmichael, etc., on the resignation of Hugh, brother of Sir James Douglas, to William, Lord Douglas, the son of Archibald, another brother (Robertson's Index, 55, 18). The Lords of Douglas had under them several vassals, one of whom, by at least the middle of the fourteenth century, held the lands of Carmichael, and took his surname from the same. I. William cle Carmicllael is mentioned in a charter of the lands of Ponfeigh, granted about 1350 (Hyndford Charters, cited in Douglas Peerage). II. John de Carmichael, probably his son, was infeft in the lands of Carmichael, on a precept from James, Earl of Douglas and Marr, who was killed at Otterburn in 1388 {Ibid). John of Carmichael, of that ilk, was one of the inquest which, in 1406, served Thomas, first Lord Somervell, heir to his father, Sir John Somervell, Baron of Lintoun (Mem. of the Somer., I., 152). III. William Carmichael of that ilk was either the son or the brother of John. His name occurs in a charter of donation to the Priory of St Andrews, granted in the year 1410 (Douglas Peerage). IV. Sir John Carmichael, who next succeeded, was probably 10 THE UPPEK WARD OF LANARKSHIRE. the son of William. He accompanied the force sent to the assistance of Charles VI. of France, and eminently distinguished himself at the battle of Bauge, in Anjou, fought in the year 1422, where he dismounted the Duke of Clarence, the English general, which decided the victory in favour of the French and Scots. In consequence of his having broken his spear on that occasion, he adopted the crest which is still retained by the family, namely, a dexter hand and arm, armed, holding a broken lance. He died in 1436, leaving three sons, William, who succeeded him, Eobert, who founded the family of Car- michael of Balmedie, and John, Provost of St Andrews {Douglas Peerage). V. William Carmichael of that ilk left two sons, John, who succeeded him, and George, who was treasurer and afterwards bishop of Glasgow (Ibid; Reg. Glas., 443, 42G). VI. Sir John Carmichael acquired a portion of the parish of Wiston, in regard to which he was, in 1473, engaged in a law- suit (Act Dom. And., 20). He also became possessed of the superiority of a part of the lands of Carmichael, having, in 1585, received from James III. a grant of the Nethertown thereof (Hyndford Chart, quoted in Douglas Peerage). His youngest son was the ancestor of the Carmichaels of Meadowflat. He died in 1506, and was succeeded by his eldest son, VII. William, who, in 1509, had a charter of the lands of Cruikedstane, in the parish of Crawford, in which he is designed burgess of Edinburgh (Reg. Mag. Sig., XV, 144). In 1528, a remission was granted to him for art, part, and assistance given to Archibald, late Earl of Angus (Pit. Grim. Trials, I., 243*). He died in 1530, and was succeeded by his eldest surviving son, VIII. William, who held the lands of Carmichael direct from the Crown, having, in 1532, received a charter of the i?20 land of Carmichael, the Overtown and Nethertown thereof (Reg. Mag. Sig., XXIV, 254). IX. His son John obtained, in 1540, a charter of the same lands, united into the barony of Carmichael (Ibid, XXVII., 62). In 1 5.") 5, he was engaged with the Somervilles in an attack upon Lindesay of Covington (Pit, Grim. Trials, I., 383*). He sat in THE PARISH OF CARMICHAEL. 1 1 the Parliament of 1560, which confirmed and ratified the Con- fession of Faith (Act Pari, II., 525). In 1563, he, along with John, his son and heir-apparent, Archibald, his brother, and James Johnston of Westraw, were accused of "arte and part of convocation of our Sovereign Lord's lieges, to the number of a hundred persons, bodin in feir of weir, with jackis, speris, swordis, steel bonnetis, and other weapons, invasing, incontrair to the tenor of the Acts of Parliament, upon the 9th of the preceding November, upon Thomas Hamilton, officer of sheriffdom of Lanark, John Johnestone, son to the late Halbert Johnstone of Westraw, and John Wocl of Stoniesycl, witnesses and assisters to him in furth setting of our Sovereign Ladies authority at the Cruikbaitt, when the said officer was gangand and dryvand ten head of nolt, to have apprised them at the market-cross of Lanark, by reason that the water was great and they might not win the nearest way, and there masterfully reft the said gudes from the said officer, and therethrough deforced him in execution of his office; in token whereof, he broke his wand of peace upon them, and took witnesses thereupon. And incontinent set upon the said John Johnstone, Mr Archibald Hamilton, and John Wod, and invaded them for their slaughters; and cruelly hurt and wounded the said John Johnstone with ane spear throw his right hand, and also hurt and wounded the said Mr Archibald with ane spear in his hench, and siclike hurt, and wounded the said John Wod in the backside of his head, and dememberit him of ane peece of his neise, wherethrough he wants the right use thereof, after he was tane and holden prisoner to them, and in divers other parts of their bodies, to the effusion of their blood in great quantity, and left the said Mr Archibald lying for dead ; upon aid ffeid, sett purpose, provisione, and forthocht felony. And thereafter took the said John Johnestoun captive and prisoner with them to the place of Carmichael, pertaining to John Carmichael of that ilk, where he and they held him prisoner for the space of sixteen hours, and thereafter brought him to Lothian, where they held him for the space of five days, and syne, upon the 15th November, transported him again forth of Lothian to the place of Colbintown, pertaining to John 12 THE UPPEE WARD OF LANARKSHIRE. Lindesay of Colbintowii, where he and they held him the space of three days; and last of all, upon the 19th of November, transported him furth of the said place to Carmichael, where the said Laird and they held him by the space of three days, usurpand therethrough our Soveraine Ladie's authority." The accused pleaded "that na process may be led against them for the allegit taking and prisoning of John Johnestown, because no wrong was done to him thereby, by reason he was not at the time our Soveraine Ladie's free liegeman, but was then, and by the space of years of before, continually and then instanlie our Soveraine Ladie's rebel, and at her horn de- nuncit and put thereto be virtue of hir letters, in default of finding law burrows." The advocate replied, "that at the time of the said horning, Johnstone was minor and of less age, nocht doli capaso, and therefore it might not extend to prejudice him in this action, especially as for eight or ten years he was repute and holden our Soveraine Ladie's free liege." "The accused were ordered to ward themselves upon the north side of the Spay within twenty days, and of their own consent undertook to remain and keep the said ward, and not to purchase our Soverane Ladie's licence to return forth of the same for the space of year and day without consent and avyse of my Lord, Duke of Chatelaralt, had and obtenit there- upon." James, Lord Somerville, became security that the Carmichaels "would enter at the next air of Lanark to underly the law" for the said crimes (Pit. Grim. Trials, I., 437). In the same year the laird of Carmichael was prolocutor for Patrick Hunter, and others, accused of the murder of Tweedie of Prude (Ibid, I., 420). He was one of the commanders of the Regent's horse at the battle of Langsyde in 1568 (Keith's Hist,, II., 316). John Carmichael, elder, of that ilk, was, in 1074, ap- pointed, along with Hew, Lord Somerville, Sir James Hamilton of Crawfordjohn, and Robert Lindesay of Durval, to assist the Sheriff of Lanark and his deputies in collecting the musters of the wapiti shawings (Act Pari, III, 92). In the Douglas Peerage it is stated that he died about 1680; but in the records THE PARISH OF CARMICHAEL. 13 of Parliament his son and successor is designated "the younger" at least five years later. It would appear that he was forfeited during the troubles in the early part of the reign of James VI. In 1584, the few meillis of Carmichael were annexed to the Crown, having fallen to it by reason of this forfeiture (Ibid, III., 348). Among the persons who were restored against their attainders, by Act of Parliament in 1585, the name of John Carmichael of that ilk occurs (Ibid, 383). He was succeeded by his eldest son, X. Sir John Carmichael, who had, in 1569, the keeping of the castle of Wauchtone, which was "most awfully perseuit, assaultit, and assigit," by three hundred persons "bodin in feir of weir with feit and wagit suddartis" (hired soldiers), when one of the garrison was killed, and three wounded (Pit. Grim. Trials, I, 8). In 1573, he obtained charters of a tenement in Edinburgh, and of lands of Wray and Longherclmanstoun in Lothian (Reg. Mag. Sig., XXXIV., 2, 360). In 1576, he had another charter of the last of these in favour of himself, his wife, Margaret Douglas, sister of the Regent Morton, and their second son, James, with remainder to Hugh, their eldest (Ibid, XXXVI., 408). He and his son, Hugh, were, in 1581, found guilty of a treasonable conspiracy, "consulting and concluding by themselves and others in their names, of their cawsing, command assistance and ratihabitioun to apprehend and tak be force of arms the umquile James, sometyme Erie of Mortoun, after he was warded in the castle of Edinburgh, swa sone as they understude that he was to be transported frae the said ward to the castle of Dumbartane," for which purpose they assembled two hundred of their accomplices near the rocks of Braid, and of hiding and concealing the said conspiracy (Act Pari, III., 193, 199, 201, 203). They fled from the kingdom, and a sentence of forfeiture was pronounced in their absence. Both he and his son were again attainted and found guilty of treason and lese-majesty, in 1584, on account of their being engaged in the raid of Ruthven. On this occasion, also, they fled the country (Ibid, III., 306, 332, 336, 344, and Pit. Grim. Trials, I., 119). In 1585, he presented a petition to Parliament pray- VOL. IT. B 14 THE UPPER WARD OF LANARKSHIRE. ing- that his ria;ht to the lands of Fentoun should not be affected by the general Act of pacification and restitution, which was referred to the King (Act Pari, III., 398). In the same year he presented another petition in favour of his younger son, James, on whose behalf he had advanced .£7000 to the Earl of Gowrie, complaining that the interest thereon had not been paid, on the alleged ground that the rights of his son were affected by his forfeiture, stating that the said James was only sixteen at the time of the attainder, and remained our Sovereign Lord's faithful liege and subject, and praying that the right of the latter to the said interest should be ratified by Parliament, which was accordingly clone (Ibid, III., 401). In 1587, he had a grant under the Great Seal of the lands of Fentoun (Reg. Mag. Sig., XXXVI, 410). Shortly after this he was appointed warden of the west marches. He was one of the ambassadors sent to Denmark in the following year to negotiate the marriage of James VI. with the Princess Anne, and on his return was appointed Captain of the King's Guard (Douglas Peerage). In 1590, he was entrusted with a mission to Queen Elizabeth, for the purpose of arranging matters of the highest importance to the two nations, which trust he worthily discharged (Ibid). The laird of Carmichael was one of the members of a small Session of Parliament, which met on the Gth of August, 1591, which, however, passed only one measure, an Act relative to the Mint and currency (A ct Pari., Ill, 525). We learn from the records of Parliament that in the fol- lowing year he was one of the Privy Council appointed by the King, with the consent of the legislative body, and ob- tained an Act declaring that the benefit of the general Act of pacification and restitution should not extend to his lands of Fentoun and Longherdmestown, in Lothian. In these last statutes he is described as "Sir John Carmichael of that ilk, knight, Master of the Stable" (Act Pari, III., 562, 603). In the same year, he "demittit" the wardenship of the West Marches, to which office John, Earl of Morton, Lord Maxwell, was appointed (Pit. Grim, Trials, I., 275). He THE PARISH OF CARMICHAEL. 15 was present at the meetings of Parliament held on the 11th of September, 31st October, 23d and 26th November, 1593, at the last of which the tolerant "Act of Abolitoim" was passed, and also at that on the 18th January, 15.93-4, when he was nominated one of the Privy Council till the next meeting of Parliament (Act Pari, IV., 39, 44, 45, 50, 53). He was a member of the Parliament which met on the 21st of April, 1594, when he was appointed one of the Commissioners for letting and feuing the Crown lands. On the 10th of September of the same year, he was again present at the meeting of Par- liament (Ibid, 54, 65, 95). In 1595, he was appointed one of the assessors to an assize in Edinburgh, as the Provost, bailies, and burgesses of that town were suspected of partiality (Pit. Grim. Trials, I., 350). In 1596-97, he was outlawed for not attending the assize on James Lockhard, elder, of Lay, accused of treason (Ibid, II., 11). In the course of the same year, an objection was made to him serving as one of the jury for the trial of Robert Hamilton of Inchmauchan, "on account of the deadly feud betwixt the said Robert and the laird of Westraw for the slaughter of his father, to whom the said laird of Carmichael is thirdis of kyn." To which the advocate replied "that, being counsellare to His Majesty, makes him more qualified and less suspect to pass upon this assize " (Ibid, II., 13). He was a constant attender of Parliament in the years 1596-7, and 1598 (Act Pari, IV., 101, 106, 118, 173). In the last of these years, he was again entrusted with the war- denship of the West Marches (Douglas Peerage). In 1599, he was appointed one of the commission "anent Militarie Disciplin" (Act Pari, IV., 189), and in the same year obtained a charter under the Great Seal of the barony of Wistoun in favour of him and his wife (Reg. Mag. Sig., XLII., 78). He was assassinated while in the exercise of his duty, as warden of the West Marches, by a party of the Armstrongs, in June, 1 600. The following account of this transaction is found in an anonymous History of Scotland, a manuscript preserved in the Advocates' Library: — " Sir John Carmichael was made warden, who, finding the Armstrongs to be the greatest cause of the troubles, was mind- 16 THE UPPER WARD OF LANARKSHIRE. ful to punish them which were most notorious thieves, and they, having intelligence thereof, sends to him a brother of old Wm. Armstrong of Kinmount, who was called Alexander Armstrong, alias Sandeis Eingand. This Eingane being in his company, and entering in conference with the warden, finds that there was no friendship to be looked for at his hands, and also there were some young men with the warden who began to mock this Eingan by stealing out of his sword, and putting yokes of eggs in the skabert, whereby the same would not draw, which he perceiving, said that he avowit to God that they should see his sword out, an he and they went on the ground when he might be party. And cuming hame to his own house in this rage, says to his sons that he was maid schame of som, avowing to God to be equal with the samin. And knowing the warden to ride on the morn, he and his sons sets for him, with some others, and slays him by the shot of an hagbut." Signal ven- geance was taken on the perpetrators of this outrage, which was the cause of the severity exercised by King James on the whole clan of the Armstrongs, an event well known from the border ballads relative to it. In the beginning of the following year, Thomas Armstrong was indicted at the instance of "Archibald Carmichael of Edsom, brother to the late Sir John Carmichael of that ilk, knight warden of the West Marches of Scotland for the time, inasmuch as he and others, to the number of twenty com- mon thieves and traitors, bodin in feir of weir with pakis, steel bonnettis, lances, and hackbuts, having consulted, devised, and enterprised the cruel, treasonable, and shameful slaughter of the late Sir John Carmichael, warden of the West Marches, upon one Sunday in the month of June, 1600, at ane meeting at the fute ball, where clivers bordiners and friends were convened for that effect, which purpose being plattit and sett down by him and thame, and being surely advertised that the said Sir John was to keep court at Lochmaben upon the morn thereafter, they met together at their trysting-place of Blereheid, where they lay at wait for the said Sir John passing by, and as he was in sober and quiet manner passing to the said court, dreading no evil, harm, or pursuit of any persons, but to have lived under God's THE PARISH OF CARMICHAEL. 17 peace, and our Soverane Lord's, they all together set upon him at the Raeknowis, shot their hagbuts at him, and therewith most shamefully, cruelly, and treasonably, shot the said Sir John through the body, and slew and murdered him there, upon set purpose, provision, and forethocht felony." Armstrong was sentenced to have his right arm struck off at the market cross of Edinburgh, then to be hanged on a gibbet until he be dead, and thereafter to be tane to the gallows on the Borrow- muir, and there his body to be hanged up in iron chains (Pit. Crim. Trials, II., 363). In 1606, Alexander Armstrong of Rowanburne was prosecuted by John, Commendator of Holy- rood House, son-in-law of Sir John, for being concerned in the murder, and was condemned to be hung at the market cross of Edinburgh {Ibid, II., 504). XI. The Douglas Peerage states, on the authority of the family papers, that Sir Hugh Carmichael, eldest son of Sir John, was in 1593 sworn a Privy Councillor and constituted Master of the Horse, and that he was in the same year sent ambassador to Denmark. Although in a charter granted after his death he is designed Dominus Hugo Carmichael de codem, it is most probable that he was only fiar, and that he predeceased his father; as had he been alive when Sir John was assassinated, the duty of prosecuting the murderers would naturally have devolved upon him, rather than upon his uncle and brother- in-law. He married Abigail, daughter of William Baillie of Lamington, by whom he had a son, XII. Sir John, who was served heir to his father in 1607, most probably at the time he attained his majority. In this retour he is described as of Wiston (Inquis. Spec, 71). In 1619 he had a charter of eight bovates of the dominical lands of Woustown {Reg. Mag. Sig., XLIX., 100). Dying without issue, he was succeeded by his relative, XIII. Sir James, descended from Walter, third son of William Carmichael (VII), who acquired the lands of Hyndford and Park. Sir James was early in life introduced at Court by the Earl of Dunbar, and was particularly noticed by James VI., who appointed him one of his cup-bearers, afterwards his carver, and 18 THE UPPER WARD OF LANARKSHIRE. then Chamberlain of the Principality, which office he filled with great prudence and integrity for many years {Douglas Peerage). He was at first designed of Hyndford, but having purchased the lands of Westeraw, in the parish of Pettinain (see ante, Vol. I., p. 498), he took his title from them. On succeeding to Sir John, he adopted the designation of the elder branch of the family, and was described as Sir James Carmichael of that ilk. He was created a baronet of Nova Scotia in 1627 (Reg. Mag. Sig., LIV., 139). In the following year he subscribed the submission to Charles I. anent teincls, and attested the royal acceptance of the same (Act Pari, V., 192). In 1632, when attending the Court in England, he subscribed 300 merks to the library of Glasgow College (Mun. Univ. Glas., III., 480). In the same year he was appointed sheriff-principal of Lanarkshire (Douglas Peerage). A pension enjoyed by him was exempted from the general revocation of such grants made by Charles I., in 1633 (Act Pari., V., 25). In the following year he was appointed Lord Justice Clerk, which office he resigned in 1636, on being made Treasurer-Depute (Douglas Peerage). He was admitted an ordinary Lord of Session on the 6th of March, 1639, the King's letter of nomination stating that the appointment was given him in regard of his previous good services, "and for his better encouragement and enabling to do us good service here- after" (Hist. Account of Senators of College of Justice, quoting Books of Sederunt, 238). He was present as Treasurer-Depute at the prorogation of Parliament by warrant of the King's com- missioners, which gave great offence to that body, and led to their presenting to His Majesty a humble remonstrance against the same, as illegal without their consent (Act Pari, V., 285). On the 5th of August, 1641, Sir James was ordered by Parlia- ment to convene the Lords of the Exchequer, in consequence of the principal treasurers being absent from the kingdom, and pass certain gifts of ward, marriage and non-entry (Ibid, 351). On the 13th of November he was named one of the commission for executing the office of treasurer; at the same time, the King, with the approbation of the Estates of Parliament, bestowed on him those of Treasurer-Depute, Privy Councillor, THE PAEISH OF CARMICHAEL. 19 and Lord of Session to be held ad vitam aut culpam (Ibid, 463-4). On the 15th of the same month, he was appointed one of the commissioners for the plantation of kirkis {Ibid, 470). In the following year he was nominated by the General Assembly one of the visitors of Glasgow College. This commission was renewed in 1G43 (Mun. Univ. Glas., II., 462, 470). In July, 1644, the Parliament, without consent of the King, appointed the Earl of Lyndesay treasurer, but without prejudice to the rights of Sir James Carmichael as depute (Act Pari., VI., 126). Bishop Guthrie remarks in reference to this reservation, that "he well deserved that at the Covenanter's hand, for that though he was the King's creature, yet was he as forward in the cause as any." Sir James was appointed one of the Committee of Estates on the 9th of June, 1648 (Ibid, 328). This committee was empowered "to take such courses and resolutions, and give such orders as they shall think most necessary for defence and preservation of the true Protestant Reformed religion, as it is now established in this kingdom ; the Nationall Covenant, and explanation thereof made by the General Assembly, and prefixed thereof; and Solemn League and Covenant; His Majesty's person and authority; the good and peace of this the union between the kingdoms; and for premoving all the ends of the Cove- nant; and in this time of so apparent trouble, for ordering and governing the whole body of the kingdom and forces thereof." They were also warranted to appoint commissioners to treat and conclude with the King's majesty, the two Houses of Parliament of England, and foreign princes and states, "for the honour and happiness of the King's majesty and his royal posterity, and good of his dominions." These proceedings, which were adopted by Parliament by reason "of the many scandals that are thrown on our actions by the favourers of sectaries and haters of the person of our King and monarchiall government," and because "we cannot, with safety to our consciences and honour, live and suffer our King to continue in his base imprisonment " (Ibid, 321, 332), excited the most intense opposition among the Synods and Presbyteries, who at once proceeded to bring under ecclesi- astical censure those who had supported and concurred in them. 20 THE UPPEK WAED OF LANARKSHIRE. On the 28th of December, the Presbytery of Lanark ordered the following declaration to be recorded in their books, ad per- petuam memoriam: — "I, Sir James Carmichael, Lord Treasurer- Depute, do declare, by these presents, in sincerity and in sight of God, that I am truly weighted and grieved in conscience for subscribing the late Act of Parliament for premoving the late sinful engagement, and by thir presents renounceth the said Act of Parliament and engagement, as sinful and contrary to the Covenant, according to the declarations of the Church of Scotland thereanent, and promiseth, by the grace of God, to adhere more firmly to the Solemn League and Covenant, and carrying on of the work of God, and maintaining the privileges of the Church of Scotland, according to the Covenant, against all tentations and oppressions, in time to come." This submis- sion, ample as it appears, was not sufficient to assuage the displeasure of the dominant party, who, on the 10th March, 1649, obtained a decree in Parliament, depriving Sir James of his office of Treasurer-Depute, and bestowing it on his second son, Sir Daniel of Hyndford and Mauldeslie (Act Pari, VI., 421, 422). For his services to Charles I., he received a patent, on the 27th December, 1647, raising him to the Peerage, by the title of Lord Carmichael ; but he never appears to have acted upon it until it was ratified by Charles II. on the 3d of January, 1651. Cromwell deprived him of the office of Privy Councillor, to which he had been appointed on the accession of the latter King, and in 1654 imposed upon him, by his Act of Grace and Pardon, a fine of i?2000 (Douglas Peerage). Lord Carmichael died in the ninety-fourth year of his age, on the 9th of Novem- ber, 1672 (Ibid). His eldest son, Sir William, Master of Carmichael, went over to France in his youth, and entered the Gens d Amies of Louis XIII. (Ibid). In 1643 he was named one of the Commissioners for the county of Lanark entrusted with the superintendence of raising- its share of a sum of 2200 merks Scots, expended on the forces sent to Ireland, and also appointed colonel of the foot ordered to be raised in the shire. In both of these commissions he is described as Sir William Carmichael, " fier of that ilk " (A ct THE PAEISH OF CAEMICHAEL. 21 Pari., VI., 29, 51, 53). In the following year he sat in Parlia- ment as member for Lanarkshire, and was added to the Com- mittee entrusted with full powers to raise men, appoint officers, to borrow money, and to collect the excise and other revenues. He was also appointed one of the Committee of War. for that part of the county which was included in the bounds of the Presbytery of Lanark {Ibid, 95, 83, 138, 132). In 1645 he was again appointed one of the permanent Committee of the Estates, and also a member of a special Committee on Finance (Ibid, 389). On the 1st of May of this year he was elected ruling elder for the Presbytery of Lanark; and on the 2d of October was thanked by that body for his commendable ad- herence to the Covenant (Pres. Rec) In the following one he commanded the Clydesdale Regiment, in the service of Parlia- ment, at the battle of Philiphaugh (Douglas Peerage), and was appointed one of the Committee of War for Lanarkshire (Act Pari, VI., 213). In 1618 he was again appointed a Commis- sioner for the same purpose (Ibid, 296), and again in 1619. On the same day he was nominated to be one of the colonels or commanders of horse and foot for Lanarkshire, in the Act " for putting the kingdom in a posture of defence " (Ibid, 372). He predeceased his father in the year 1657 (Douglas Peerage). XIV. His son, John, succeeded his grandfather as the second Lord Carmichael in 1672, and was, in 1678, named one of the Commissioners of Supply for the county (Act Pari., VIII., 224). On the 14th of March, 1689, he was appointed one of the Com- mittee of Parliament on controverted elections (Ibid, IX., 6). On the 16th he signed the declaration that, before a letter from King James was read, Parliament should resolve that, whatever be its contents, they should continue undissolved till they had secured the religion and liberties of the kingdom (Ibid, IX, 9), and on the 23d he signed, along with the other members, a letter to William of Orange, as King of England, thanking him for having convened the Estates (Ibid, 20). From the proclamation " for calling out the militia on this side Tay," issued on the 30th, we learn that he was colonel of the troop belonging to the Nether Ward of Lanarkshire (Ibid, 25). In the Act for new elec- VOL. II. c 22 THE UPPEK WARD OF LANARKSHIRE. tion of Town Councils in the Royal Burghs, he was named over- seer for that of Lanark {Ibid, 52). He was a Commissioner of Supply for Lanarkshire (Ibid, 70), and was appointed a Privy Councillor (Douglas Peerage). In 1689 he was one of the Committee of Parliament anent the settling of the church government, and a member of others on fines and forfaltures, in the interval of Parliament, and for carrying out the Act rescind- ing the forfaltures and fynes since the year 1665 (Ibid, 114, 161, 169). He was appointed Commissioner to the General Assembly (Ibid), and also named one of the commission for the visitation of universities, colleges, and schools, whereof he was chosen prseses. This continued to sit for no less than ten years, and must have laboured with great diligence, as would appear by a petition presented to Parliament by Mr Robert Henderson, bibliothecan of the college of Edinburgh, in which he states that the commission and the delegates of the colleges met in the library under his charge ; " that these meet- ings were held twice every other day for the space of four months yearly during the ten years 1690-1700, the sederunts each day lasting commonly from eight or nine in the morning till twelve or one, and from two or three afternoon to six, seven, or eight at night ; and that he was at no small expense during all these long sederunts, by being obliged to keep a servant extra- ordinary, over and above several incident charges for coal, candles, paper, and pipes, tobacco, and what else to refresh" (Act Pari., XI, App. 137; IX., 164 ; Mun, Univ. Glas., I, 493). Lord Car- michael was, in 1692, elected Chancellor of the University of Glasgow. The following entries occur in the accounts of the Principal relative thereto : " By a journey to Carmichael to wait on my Lord Carmichael to deliver his commission to be Chan- cellor of the University, nine days, whereof there is only six days here charged, and horse hire, £6 — £2\." " By the writing and guilding the said Lord Carmichael's commission to be Chancellor — £8 14s" (Mun. Univ. Glas., Ill, 309, 583). In 1693 he was one of a committee of three appointed by Parliament to draw up a dutiful letter to his majesty King William (Act Pari, IX., 308), and had a regiment of dragoons conferred upon him THE PAKISH OF CAEMICHAEL. 23 {Douglas Peerage). He was again Commissioner to the General Assembly in the following year {Ibid). On the death of Queen Mary in 1695, he was chosen one of the Committee of Parlia- ment for the security of the kingdom {Act Pari., IX., 351). In 1696 he was appointed Secretary of State. On the 10th of September in that year he was elected one of the Committee of Parliament for trade, and on the same day subscribed the bond of association on account of the late wicked and cruel conspiracy against his Majesty's person and kingdoms {Ibid, X., 9, 10). He afterwards signed this document a second time, as Chancellor of the University of Glasgow, in which he established a bursary for a student in philosophy {Man. Univ. Glas., I, 445; II., 545). In the course of the following year he was one of a Committee of Parliament on the course of instruction in the colleges {Ibid, II., 552). He was on several occasions in 1698 chosen a mem- ber of committees appointed in Parliament for the security of the kingdom {Act Pari, X., 123, 193, 206). In 1699 he was one of the Royal Commission for settling the communication of trade between the burghs royal and the burghs of regality and barony (Ibid, X., App. 107). He was also a third time Com- missioner to the General Assembly (Douglas Peerage). By a patent granted by King William at Kensington on the 5th June, 1701, he was created Earl of Hyndford, Viscount Inglisberry and Nemphlar, and Lord Carmichael of Carmichael (Act Pari., XL, 11)." On the accession of Queen Anne he was retained in his offices of Secretary of State and Privy Councillor. In 1702 he was again chosen one of a Parliamentary Committee for the security of the kingdom (Ibid, XL, App. 3). In the following year he dissented from a clause in the Act of Security, that the same person should not in future hold the crowns of Scotland and England, unless the Parliament of the latter granted to the subjects of the former a free communication of trade, the freedom of navigation, and the liberty of the plantations, and joined the Earl of Marr in a protest against another clause (Ibid, XL, 70, 73). He was named a Commissioner of Supply for the county in 1704 (Ibid, XL, 141). In 1705 he was on a Parliamentary Commission anent trade, and when an 2 1 THE UPPEE WARD OF LANARKSHIRE. Act was passed on the 21st September, appointing a council of trade, lie was named one of the members (Ibid, 222, 2.94). He was also one of the Commissioners for the Treaty of Union, and in the following year cordially supported in Parliament the Act for carrying the same into effect (Ibid, 314, 321). He died on the 20th September, 1710, in the seventy-third year of his age (Douglas Peerage). His eldest son, James, second Earl of Hyndford, was educated at the university of Glasgow (Mini. Univ. Glas., III., 145). He was made a Commissioner of Supply, as " Master of Carmichael," in 1693; was appointed colonel of a regiment of dragoons in 170(3; and had the rank of brigadier-general in 1710. He died in 1737 (Douglas Peerage), when he was succeeded by his eldest son, John, third Earl, who was born in 1701. He held a com- mission in the Foot Guards. He was elected one of the repre- sentative peers of Scotland in 1738, 41, 47, 54, and 1761. In the former of these years he was appointed one of the Lords of Police, and in 1739 Sheriff- Principal and Lord-Lieutenant of the county of Lanark. He was Lord High Commissioner to the General Assembly in that and the following year. When the King of Prussia invaded Silesia in 1741, he was sent as envoy extraordinary and plenipotentiary to that monarch, and was so successful in accommodating the differences which had occa- sioned that war, that preliminaries of peace betwixt the Empress Maria Theresa and Frederick the Great were signed at Breslau on the 1st of June, 1742. By this treaty, the King engaged to maintain a strict neutrality during the war; and the business was conducted with such secresy that the French Marechal, De Belleisle, who was in the Prussian camp at the time, believed, up to the 1st of June, that the King would march towards Prague to join the Confederates. In recognition of his services in successfully conducting this negotiation, George II. conferred on him the order of the Thistle, while he received from the King of Prussia a diploma, afterwards confirmed by the Empress, permitting him to add the Eagle of Silesia to his paternal coat of arms, with the motto ex bene merito. He was sent am- THE PARISH OF CARMICHAEL. 2o bassaclor to Russia in 1744, where lie was instrumental in accelerating the peace of Aix-la-Chapelle. On his return to England he was appointed one of the lords of the bedchamber and privy councillor. He went as ambassador to Vienna in 1752, and remained there till 1764. In the December of the latter year he was made vice-admiral of Scotland. On receiving this appointment he resigned his seat at the Board of Police. He died in 1767. His only son having died in infancy, he was succeeded by his cousin, John, the fourth Earl, who was descended from the second son of the first Earl. He was born in 1710, became a member of the Faculty of Advocates in 1 737, and died without issue in 1787, when the title passed to Thomas, fifth Earl, who was descended from the third son of the first Earl. He died unmarried in 1811, and was succeeded by his brother, Andrew, the sixth Earl, who served with the 16th Light Dra- goons in the American war, and died in 1817, when the title became extinct, and the property devolved on the Carmichael Anstruthers of Anstruther and Elie, in Fife, who were descended from a daughter of James, second Earl of Hyndford, with which family it still remains. Minor Holdings. — A very considerable portion of the parish remained in the possession of the Douglas family, and was never acquired by the Carmichaels. The only other landed proprietor at present is Michael Thomson Carmichael, Esq., of Eastend, His family is of considerable antiquity, notices of them occurring early in the seventeenth century. Formerly there were other small landowners in the parish. William Carmichael of Roivan- treecross was forfeited in 1584, along with Sir John Carmichael and his son Hugh, for complicity in the raid of Ruthven {A ct Pari, III., 332). In 1596-7, he was security for George Douglas in Glespen {Pit. Grim. Trials, II, 1); and was, along with the Laird of Carmichael, in 1609, prolocutor for Thomas Jardine of Birnoch, accused of the murder of Robert Brown in Culter and Alexander Baillie of Littlegill {Ibid, III, 54; see VOL. II. D 26 THE UPPER WARD OF LANARKSHIRE. also ante, Vol. I, 158, 280). It was proved in 1611, at the well-known trial of the Mures of Auchendrane, that the elder Mure sent to Ireland, by George Black to William Car- michael, younger of Rowantiecroce, instructions to murder James Bannatyne, their accomplice and witness against them {Ibid, III, 139). Wodrow relates that Mr William Levingston, minister of Lanark, about the year 1623, was, by a dream and a voice, made the instrument of preserving the life of Crossrigs, a gentleman, near Lanark {Hamilton's Description of Lanark- shire, p. 65). This property was, in 1643, in the possession of George Lindsay of Covington (Ibid). It was afterwards acquired by the Lockharts of Lee, who held it in 1693 (Pres- bytery Records). Robert Dalyell of Westredmyre was, in 1649, appointed one of the Committee of War for the comity (Act Pari., VI, 372). The Presbytery of Lanark reported on the 18th January, 1666, that there were no Catholics in their bounds, except James Maxwell of Redmyre, "twenty years excommunicat." Public Events. — Edward II. left Biggar on the 10th of Octo- ber, 1310, passed the night at Carmil, and proceeded the next day to Lanark. There can be little doubt that Carmil is a con- traction or a clerical corruption of Carmichael (Collectanea Archceologica, I., 119). The parishioners of Carmichael joined those of Pettinain in a petition to Parliament against an union with England in terms of the proposed articles ; which is the more remarkable, as Lord Hyndford so strongly supported the measure (Act Pari, XI., 354). G. V. I. THE PAKISH OF CARMICHAEL. 27 THE PARISH OF CARMTCHAEL Has but one resident landlord, M. T. Carmichael of Eastend, who farms largely of his own acres ; and a view of his mansion, on the east end of Tinto, is included among the illustrations of these volumes. In noticing the families of this parish, too scant attention has been paid to that of Eastend, and it appears strange, as the writer of the antiquarian pages and the Laird of East- end are related to each other. A friend has supplied the missing sentences, and they are reported, although beyond the scope of the topographic pages, yet correctly, as no omission he can remedy should appear in this Work. The family of Michael Thomson Carmichael of Eastend have been in possession of that property for centuries, some natives affirming that they are the older of the Carmichael chiefs. Most of the family papers prior to 1G77 were accidentally destroyed, but there still remains in their possession a contract of marriage of a daughter of the family, dated 1568. From 1677, the estate descended from father to son to John Carmichael, who, dying unmarried in 1789, left it to his nephew, Maurice, eldest son of his brother, Michael Carmichael of Hazelhead, by Mary, daughter of John Hay of Restalrig. John Hay of Restalrig, grandson of Sir John Hay of Alderston, a cadet of the Tweeddale family, was secretary to Charles Edward in 1745, and, after Culloden, accompanied that prince to France; the estate of Restalrig, which he held in right of his wife, Anne, daughter and heiress of James Elphinston of Restalrig, was forfeited to the Crown, and the Carmichaels of Eastend now represent his family, and possess a pair of diamond knee-buttons, given by the prince to their ancestor. Maurice Carmichael having sold his paternal property of Hazelhead, added to his Eastend estate by buying largely in the neighbouring parish of Symington ; and, dying in 1811, was succeeded by his eldest son, the present proprietor, who married Mary, daughter and heiress of William Thomson Honeyman of Mansefield, Ayrshire, son of Sir William Honeyman of Armadale, Bart.; and, by the entail of Mansefield, M. T. Car- 28 THE UPPER WARD OF LANARKSHIRE. michael of Eastend now bears the name and arms of Thomson of Mansefield in addition to his own, as may be seen from the shield engraved on the map for this parish. The mansion of Eastend is warmly placed among trees and plantations, on the northern slope of Tinto ; it shows well from the Carlisle road, or from the Caledonian Eailway below it, and commands a view of the Quothquhan, Carnwath, and Lanark hills, the windings of the Clyde, and the heights of Carmichael and Carstairs. The Eastend estate (248) bulks for more in Symington than in Car- michael, as it stretches from Broadfield (941), on the Clyde, by Westfield (908), up the slopes of Tinto to Lochlyock, north- west of Tinto, and part of the land is farmed by the Laird of Eastend. Like his neighbour of Shieldhill, M. T. Carmichael appears to discharge the duties of his station, as he is a com- missioner of the public buildings, property and income and assessed taxes for the county, and a Justice of the Peace. Carmichael House, occupied by the factor on the estates, is very moderately rated on the valuation roll, stands well on the eastern slope of Carmichael-hill, 1056 feet, at no great distance from the Carlisle road, but too far from the railway line to be well seen. The plan of the mansion-house of Carmichael was on a magnificent scale, but only the wings to north and south were built, the connection being by a long corridor; and the house occupied appears to be plain enough, the windows being of the last century size — not over-large, and the parks on the old domain are of the richest herbage; here and there are trees of the grandest size, and miles apparently of lime-built walls enclosing gardens, orchards, conservatories, etc., but much of it in a sad state of dilapidation; it may be doubted if any where on this side the Irish Channel, the " one stone falling away from another" could be more impressively seen. Absenteeism of the landlord rarely produces such a wreck of property ; but it is the ornamental alone that appears to be uncared for, as the rent-roll of the farms seem to be as fairly maintained as in any of the parishes in the Ward; and those who have the advantage of knowing the factor and his friends would look for all that. The drive from the highway to the mansion is by an avenue — long, THE PARISH OF CARMICHAEL. 29 broad — and which has been finely timbered, but the gateway is ever open, although no passage that way; and the size of the trunks of the felled timber show that the glories of the place of John, third Earl of Hyndford, have passed away. On the trees in the Carmichael policies, the statist of 1791 is eloquent; describing a " larix cut there, when twenty-four years old, the root of which was eight feet long, and was squared into planks of the mean breadth of seventeen inches ; the Scotch fir thrives well, as does the silver fir, where it rises to a great height, making a beauti- ful and striking appearance." As before noticed, a great por- tion of the land near Carmichael House is let as parks, but does not appear on valuation roll as "let for less than one year" — • there being an entry of upwards of 240/. (851) for land in the policy let to a tenant in the parish of Lanark, and others of like class rating for 72/., Vol., 40/. 5s., 40/., 38/., 37/., 30/., 25/., 19/., 13/., 8/., and 7/., with smaller farms near the mansion, which appear entered in name of the factor. The land and houses of Eastmains lie between the mansion, and almost within the domain ; are fertile, but of moderate value ; those of West- mains, of smaller amount, are farmed by the factor. Thornyhill and Netherhouse (247-890) farm is on the N.W. of the parish, east of the Side-burn, near the Muirkirk road, and a little S. of Pretts-mill on the Douglas-water ; the extent is con- siderable, being, that in the policy excepted, the highest rented on the estate, and as it is on the lower level and the northern division of the parish, the land may be fertile. Nethertown (247-927) farm is on the N.E. corner of the parish, near the Pettinain march, the Carlisle road, and the Clyde at Hyndford- bridge, in a level, enclosed, and fertile part of the estate. Cross- dyke (247-942) farm does not appear as such on either Forrest's or the Survey sheet, but Crossridge is given on both, and lies S.E. of the manse, and near the Standing-stone-hill, 1014 feet; the land is high, well enclosed, and much of it arable. Newside (247-1056) farm is east of the Standing-stone, west of Eastend policies, of moderate extent, and in a hilly district. Howgate and Kedmyre (247-1 0(i 6) are farms of like value as that of Newside, north-east of Howgate-hill, in a locality already 30 THE UPPER WARD OF LANARKSHIRE. referred to, and pasture is abundant there. Bowhouse (247- 1082) farm, of no great size, lies south-east of the Carmichael policy, near to the Carlisle road, on the Covington march, not far from the Eastend domain, and has a fair share of arable land. Harleyholm (247-1076) farm is of moderate extent, adjacent to the church, north-east of Drumalbyn, south-west of Carmichael House, and in a well-enclosed section of the parish. Westgate (247) is a small farm north-east of the church, and on the south-western verge of the Carmichael policy. Devon-hill or Side (247-1254) is a farm of small extent on the Syde-burn, north-west of the church, and on the road thence to the strath of the Douglas-water. Shaws (247) is a small farm near mid- way between Hyndford-bridge and Thornyhill. Carmichael Mill (247-1143) and farm is on the Clyde, east of Hyndford-bridge, near the Pettinain march, and where the mill-burn or stream dividing the parishes runs into the Clyde. The land is on the low level, well-fenced, and arable, as may be also the smaller farm of Carmichael-bank (247) near it. In the parish there is a cluster of minor holdings on the Carmichael estate, besides those before noticed as having parts of the policy parcelled out among them. For example, Crossdyke, besides the farm of that name, appears for =£18, =£12, and =£12, Binny- green for i?15, Netherton £25, Full wood ^13, Fullburn and Warrenhill parks for ^16 6s and i?20. Ponfeigh Place and Moor (247-886) farm is of considerable extent on the Ponfeigh-burn, the western march of the parish, near to the Douglas-water, in the coal district, arable on the north, and the moor southwards affording good pasture. Ponfeigh Townhead and Ponfeigh Townfoot (247-1180 and 1 188) are two farms of moderate extent, and near the Douglas- water. At one time a portion of what is now in the parish of Car- michael formed part of that of Douglas, but the latter is still more than three times the extent of the former parish. In the antiquarian pages reference is made to the connection of the family of Douglas with this parish, in which they are large landholders, as may be seen at page 62 of Vol. III. of this Work. Drumalbyn (242-774) is a first-class farm as to extent, situa- THE PAEISH OF CARMICHAEL. 31 tion, and cultivation; the position and intelligence of the occupant stand high also, and hospitality is no where practised more libe- rally ; but it would be strange were it otherwise, seeing that the extensive agriculturists and large flock-masters of the Upper Ward of Lanarkshire are noted for the exercise of that virtue. Drum, according to Jamieson, is applied to little hills rising as ridges above the adjacent ground, and is topographically descrip- tive of Drumalbyn; as the homestead, a large and warm one, crowns the ridge from the Clyde eastward, and looked at from the westward, by the Douglas road, seems also to top the sum- mit, the descent towards Covington being the longer of the two. The trees around Drumalbyn are old and large, and near it is a hamlet, once more populous and of greater importance than it now is ; there being neither hamlet nor village in the parish of Carmichael of sufficient size to find place in the census for 1841, which were more minute than that for 1861. Stonehill (242-819) farm is of considerable extent, under the Black-hill, 1220 feet, south of Drumalbyn, north-east of Pon- feigh, north-west of Howgate, and with a large extent of pasture, heathy and rough. Sandylands (242-1008) farm is of fair extent, on the Douglas-water, near the Lesmahagow road, west of the Shiels-burn, and has a good deal of arable ground upon it. Blinklie farm (242) is small, lies between Sandylands and Ponfeigh, near the coal-workings, and is arable. Woodlands (242-1120) farm is of moderate extent; is south of Drumalbyn, north of Stonehill, east of Sandylands, near the centre of the parish, where pasture abounds, and the farm being held by the enterprising tenant of the collieries in the parish of Douglas, it will be worked to the best advantage that experience and ample means can command. Burnhouse (242-1253), is a small farm on Shiels-burn, west of Sandylands, and near the Douglas-water level. Pretts Mill (242) farm and mill, is on the Clyde, and near the Douglas-water; it is level and arable. Crookboat (242-1101) farm is of fair extent, on the "crook of the Clyde " where the Douglas- water enters it, and where a ferry- boat plied. It is 684 feet above level of the sea, 200 feet under that of the homestead of Drumalbyn, opposite to the mansion 32 THE UPPEK WARD OF LANARKSHIRE. of Harperfield, in Lesmahagow, south of Pretts-mill, south-west of Thornyhill, and being so near the Douglas and the Clyde, the land is level and arable. Shields (242-1178) farm, is of small extent, on the burn of its name, near the Moor-foot toll-bar, east of Ponfeigh, south-west of Stone-hill, and the height near it being 925 feet, pasture land is greater than the arable. Dyke (242-1214) farm is small, on the Douglas-water, west of Blinklie, south-west of Sandylands, on the low level, and arable. Watch- knowe (242-1219) farm is small, near the Douglas-water, com- mands a view of the strath as it extends westward from the Clyde, is north of the Muirkirk road, between Sandylands and Ponfeigh, and arable. Millmuir (242) is a small farm near to, but E. of, Crookboat, and on N.E. slope of Whitecastle-hill. Burn, Deeperknowes, Holehouse, and Syde, (242) are small farms between Howgate and the manse, and being in the hilly district of the parish, pasture is the chief value of the holdings. Brydes-close, Chapelhill, Clayholes, Glencoosie, Hedgefoot, Langbrae, Midtoun, Parkhouse, Pepperknowes, Smithfield, and Woodend, are names of places on Ordnance sheet, but with no rate attached to them on the valuation roll. Bents, Burn-green, Burn-side, Craw -hill, Hecklebirney, Hollows, Lyonside-lees, Milkyknowes, and Town-foot appear on Forrest, but not on the Survey sheet. Ross also, with an orthography all his own, has Drumalban, Dyks, Lochlaik, Ponfich, Warnhill, and notes a Druid temple on the hill near the manse. Of the church, the respected incumbent of 1838, and recently dead, reports that it is nearer the eastern than the western extremity of the parish, the most distant house being about four miles. It was built in 1750, has been kept in good repair, accommodates about five hundred sitters, and all are free, "as should always be the case in country churches." Further, the manse was built in the same year with the church, and a "few years ago received a very handsome and commodious addition." The glebe contains about ten acres of a soil naturally bad, but has been greatly improved. The situation of manse, church, and school are all good, the wood about the manse considerable, and on the hill-side above the church is the private burial-ground of the Carmichaels of THE PARISH OF CARMICHAEL. 33 Westraw family. Of the late W. Lamb, D.D., it reads well for his usefulness in the parish — he was near half-a-century in the charge — that, in 1814, he established a parish savings' bank; in 1838 he writes, "always under my management," and as to deposits, not limited to those from servants or mechanics within the parish, but deposits were also received "from several in other parishes;" the amount in 1838 was upwards of <^800 — upwards of o£?290 having been paid in the preceding year, and rather more withdrawn ; the depositors being above a hundred in number. As to the poor, in 1791 there were generally ten to twelve on the roll, who received a monthly supply, besides a few who got occasional aid, the expenditure being about oC30 a-year. In 1838 it was reported that the average number of persons receiving parochial aid, exclusive of those occasionally relieved, seldom exceeded twelve, and aliment given varied from 4s to 6s each month. To meet this, about £25 a-year might be collected at church, the heritors contributing as much more if needful, and the sum expended for 1837 was £o4<. By the returns for 1863 the registered poor numbered twenty, and the expenditure was d£ J 170 Os lOd, making their comforts greater than they could have been under the management of 1791 or 1838. As to the school, the statist of 1791 informs us that the parish school had an average attendance of 30 to 40 scholars, the teacher being precentor and kirk-treasurer, "the income arising from the whole seldom exceeds, and is sometimes below, 151. a-year, with a house and small garden." The Side school on Douglas- water had an attendance of 20 to 30 scholars; "his income is from 61. to 9Z. a-year, with a small house and garden." The value of education was better recognised in 1838, as the statist reported that, to the Side school at Blinklie, 1 0£. per annum was given by the Carmichael of Westraw and Douglas families ; and that the parochial school was ably and successfully conducted by the schoolmaster and two assistants, and that besides the ordinary branches of education, Greek, Latin, French, geography, mathematics, drawing, etc., were taught ; and that by the liberal encouragement of the heritors, with great exertions and some outlay by the parochial teacher, accommodations superior to VOL. II. d * 34 THE UPPER WARD OF LANARKSHIRE. what are ordinarily found, have been provided for the boarders, who were thirty-two in number in 1838. "This academy had a small beginning, but the success with which it has been crowned proves that great and useful achievements may be accomplished by a spirit of enterprise and perseverance." The number, in 1838, of scholars, exclusive of boarders, varied from 130 to 140 — about one-seventh of the population, showing that the people appreciated the benefits offered to them — and assistance was given to those desirous to attend, but in straitened circum- stances. The gentleman who so worthily raised the Carmichael academy to the status of usefulness it still maintains, has long since retired from such labours, having achieved an independence sufficient to acquire a handsome villa, with wood and land of considerable extent about it, and in the near neighbourhood of the burgh of Lanark; and there is pleasure in reporting such well-earned success. The school, properly an academy, is finely placed, near the kirk and the manse, well sheltered, and the great breadth and width of fine turf-like land in which the scholars can disport themselves, with a display of gymnastic appliances about, tell well for the merits of the academy. The Rev. W. Lamb, D.D., aged eighty-six, died 14th April, 1863; he bequeathed his library to the ]3arish of Carmichael, and left ^300 to found a bursary for students from parishes in the Lanark Presbytery attending the college at Glasgow. In 1791 reference was made to a tan- work in the parish, begun in 1782 by two young men, natives of the place, "who now manufacture 700 cattle hides and 900 calves' skins annu- ally." Long before these young men became old, and they died years ago, they became wealthy. The tan-work is still in operation, but an off-shoot of the enterprising firm pursues the trade extensively and profitably in the town of Lanark. No reference was made in 1791 to ale-houses in the parish, but the statist of 1838 reports that there were two in his time, kept at toll-houses, "the necessity for either of them being ques- tionable." They have been closed, as ale-houses, long since. A. M. If. l< % "'■ V* \ I i ; i V s -■ 5. \ y I y l/'p V Ml i ill i ^ . ■ • < THE PARISH Or DOUGLAS Is the third in extent in the Upper Ward of Lanarkshire. Les- mahagow and Crawford only being larger; and the appearance of the parish is well outlined on the map engraved for this Work. From the junction of Ponfeigh-burn with the Douglas- water, the parish has that of Carmichael eastward to Mount-Stewart ; when that of Wiston and Roberton form the march till near the Wildshaw lime- works, where the parish of Crawfordjohn comes in, and forms the boundary on the south and west till near Cairn table ; Muirkirk taking it up there upon the west, to the Glenbuck-dam, whence Lesmahagow carries the line north and east to near Wolfcrooks, on the Douglas-water, and opposite to the Ponfeigh-burn; the length being a little more than twelve, and the breadth varying from three to seven miles. By recent Ordnance Survey measurements, the area of the parish appears to be — for villages 15 '806, roads 89 "165, water 180-666, land 34031 791=total 34317-428 acres. An analysis of the more important of these measurements, gives 9 - 609 meadow, 25423*289 moorland, 892-306 pasture, chiefly rough, 5405-771 arable, 2039-029 wood, 21-091 brushwood, 107*882 ornamental ground, 74-811 farm-steading, 79 "916 the Douglas- water, 27'751 burns, 5-955 curling ponds, 15-971 lake, 28-159 reservoir, turnpike roads 25-916, parish roads 41-043, etc. Cairntable, as shown on Ross' map of 1773, rises west of the Douglas march, but in the later and the better map of Forrest, the dividing line between Douglas, Muirkirk, and Crawfordjohn, converges on the summit of Cairntable ; and the natives of Doug- lasdale do claim that hill as being in their parish. Little Cairn- table, 1693 feet, Douglas-rig, 1454, Parishholm-hiU, 1400, Hare- shaw, 1527, Monkshead, 1594, Hagshaw, 1540, Common-hill, 1445, Windrow, 1297, are on west and north; and North- bottom, 1435 feet, Dryriggs, 1443, Auchendaff, 1399, Kennox, 36 THE UPPER WARD OP LANARKSHIRE. 1270, Hartwood, 1311, Auchensaugh, 1286, Wildshaw, 1136, on S. and E., indicate the hilly character of the parish. The water — the Dhu-glas, dark green, which some topo- graphers allege gave name to the district — rises from the Doug- las-rig, comes down S. of Parishholm-hill, and thence eastward forms the strath of the district, the basin widening as it ap- proaches the Clyde; and the length (56), given as 16 miles, is more than three-fourths in the parish of Douglas. On the N, the Monks-burn (53) comes into the Douglas, E. of Debog; the Cormacoup-burn from the W., below the mansion of that name ; the Kennox, from the same quarter, but further S. ; the Glespin- burn (54), from the Crawfordjohn march; the Poniel- water (55) on the N, forms for some distance the boundary between Doug- las and Lesmahagow; and besides these larger streams, the burns are many, which course down from the hills and "spouty" lands in the moorland districts of this large parish. The highway formed in 1824, enters this parish at the Wild- shaw, and goes north for Lesmahagow, by what was long known as the Douglas Mill Inn. At Douglas Mill, the Ayr road from Edinburgh and Lanark, by Douglas and Muirkirk, bisects the parish from the Carmichael march to that of Muirkirk, at the northern base of Cairntable; and the map of 1773 shows that a road then led N. of the Douglas-water, and through the policies of the castle of Douglas. The Statistical Accounts of 1791 and 1836, both credit the Douglas family with having made near 20 miles of the Carlisle and 30 of the Ayr road, which might be the equivalent for obliterating the old road to add to the amenity of their domain. Of the 10991?. valuation of 1858-9, 8932?. were held by the noble family of Douglas, 712?. by Paterson of Cormacoup, and the balance in minor amounts. As to rent of farms, they read in 1858-9 as 724?, 659?., 420?, 337?, 266?., 2251, 2211, 2201., 212?., 198?., 175?., 175?., 175?., 173?., 151?., 142?., 142?., 110?., 110?., 108?., 90?, 90?., 80?, 80?, 80?, 78?, 70?, 60?, and smaller amounts. Of the Douglas Castle estate, 1130?. was in hands of the owners, and 472?. in that of the Laird of Cormacoup. A. M. THE PAEISH OF DOUGLAS. 37 NAME. Vallis de Duglas, Dunelglas, Duneglas, Duglax, Duglas, Dufglas, Donegias, Dufgles, Dufeglas, Dowglace, Dowglas, Douglas. From the first of these designations it is evident that this parish derived its appellation from the river which intersects it. The name of the latter, which it bears in common with several other streams situated not only in the districts occupied by the later, but also in those which continued in the possession of the descendants of the earlier Celtic immigration, undoubtedly originated in the colour of the water. It is not, however, easy to determine the tint indicated, as the word Duglas, or Duvglas, has been translated by lexicographers as dark grey, dark greenish black inclined to blue, black and blue mixed, sky colour. HISTOEY. Ecclesiastical Affairs. — From the period of its erection, the church of this parish was a free benefice in the advowson of the lords of the manor. The first notice of it occurs early in the thirteenth century — Fretheskin, parson of Dufgles, being one of the witnesses to a charter in favour of the Abbey of Kelso {Lib. de Gal., 296, 371). He also, about the same time, attested a grant by Sir Eeginald de Chen to the monks of Newbattle {Chart. Newbattle, 161, 202). From his name, it is most pro- bable that he was a younger son of the house of Douglas, and there is little doubt that he is identical with Friskynus, dean of Moray, to which office he was promoted by his brother, Bricius, Bishop of that See. In this latter capacity he appears as witness to several charters; and was sent to Lincoln, intra 1208-23, for the purpose of ascertaining the rules of that cathedral {Reg. Morav., 17, 23-44, 48). Dunecanus, parson of Duneglas, was a witness, along with Sir William de Duneglas, to a decreet arbitral between Daniel and Eobert of Douane and the Abbey of Kelso, about the year 1240 {Lib. Gal, 162, 194). Aylmer de VOL. II. E 38 THE UPPER WARD OF LANARKSHIRE. Softlaw, rector of the church of Douglas, attested, circa 1290, a grant by the Abbot of Kelso {Lib. Cat., 164, 197). It would appear that he attached himself to the patriotic party, and that he was in consequence deprived of his living by the English. In 1292, King Edward commanded William de Dumfres, chan- cellor of Scotland, to direct letters to Robert, bishop of Glasgow, requiring him to present "our beloved Master Eustachius de Bikerton to the church of Douglas, in the diocese of Glasgow; now vacant, and in (spectantem) our gift, by reason the lands of William of Douglas, for certain transgression which he has made, are now in our hands" (Rot. Scot., I., 7). In 1296, however, Aylmer made his submission and swore fealty to the English monarch, whereupon he had letters for the restoration of the temporalities of his benefice directed to the Sheriff of Lanark (Rag Roll, 159; Rot. Scot, I., 25). He does not appear to have remained long faithful to his new engagements, for we find by the following passage in a letter addressed to King Edward by Osbert de Spaldington, on 21th of July in the following year, that, before that date, he had been again ousted from his rectory: — "And the church of Douglas is void, and is well worth 200 merks, as I have heard; and if you please to give it to your treasurer for Scotland (Hugh de Cressingham), I think you will have put it to a good use, for, on the faith I owe you, he has spent much for the success of your affairs" (Chron. Lanercost, 491, 5). In 1301, Aylmer was again reinstated in the rectory of Douglas, and attested a deed of excambion be- tween the Abbey of Kelso and Adam, younger of Douane (Lib. Cat., 161, 193). Magister Richard de Eogou, canon of Glasgow and rector of Douglas, appears as a witness in several deeds, granted between 1329 and 1371, which are preserved in the char- tulary of Melrose (Lib. Mel, pp. 428, 430, 431, 433). In the former of these years he attended Sir William Doug- las, then a prisoner in England, and had a safe-conduct for his return to Scotland, with a man and a horse (Rot. Scot, I., 752). Early in the fifteenth century, the benefice was erected into a THE PARISH OF DOUGLAS. 39 prebend of the cathedral of Glasgow. This prebend is not mentioned in the regulations of Bishop Mathew, drawn up in 1401, but in the statutes of Bishop John, issued in 1432, it is provided that the canon holding the prebend of Douglas shall pay £6 towards the expenses of the Divine worship in the choir of the cathedral; and that he shall have a vicarius or stallarius, to whom he shall allow an annual salary of 1 1 merks {Reg. Glas., 298, 320-345, 342). Among the documents belonging to the Priory of Colding- ham, published by the Surtees Society (236), there is a list of missing eviclents, from which it appears that, about the middle of this century, a petition for erecting the rectory of Douglas into a collegiate church, was presented to the Apostolic See, and the consent of the Pope obtained. The learned author of the "Origines Parochiales" states that this purpose was never ful- filled. In this he is probably correct, although, about the time of the Reformation, there are faint indications of the church possessing a collegiate character. Master John of Railston held the benefice in 1439-40 (Chalmers), James Lyndesay in 1447 (Hay's Vind. Eliz. More, p. 78), and John Frissel in 1482-3 (Reg. Mag. Sig., v. 44). In a charter granted 1460, Alexander English, parish chap- lain of Douglas, appears as a witness (Shieldhill Chart) This indicates the existence of subordinate chantries within the parish church ; a fact which we find established by deeds almost con- temporaneous. In 1483-4, Archibald, Earl of Angus, granted a charter, which was confirmed by the King, conveying two oxgates of land in the Scrogtoune of Douglas, for the support of a chaplain, serving at the Marie altar, in Saint Bridget's Church of Douo-las; and, in 1506, the same nobleman added to this endow- ment "that oxgate of the land of Scrogtoune which Ninian Gow had in ferme" (Reg. Mag. Sig., xi., 69; xiv., 233). In the year 1535-6, King James V. presented Sir John Purvis, chaplain to the chantry of the altar of St Thomas, in the church of Douglas, then vacant by the decease of Sir John Inglis, and in the gift of the Grown, by reason that the lordship of Douglas, to which the right of presentation belonged, was in 40 THE UPPER WARD OF LANARKSHIRE. the King's hands, through forfeiture of the Earl of Angus {Privy Seal Reg., x., 101). In the record of the visitation of the Chapter of Glasgow in 1501, it is stated that the Prebend of Douglas has duly kept his residence (Reg. Glas., 611, 542). In 1520 and 1521, Walter Kenedy, rector of Douglas, described as venerablis vir, held lands in Glasgow (Lib. Col, K D. in Glasgow, pp. 73, 75). In "Baimand's Roll" and the "Taxat. Eccl. Scot.," the rectory of Douglas is entered as belonging to the Chapter of Glasgow, and is valued at ,£133 6s 8d in the former, and at ^118 6s 8cl in the latter (Reg. Glas., lxiv, lxxii.) At the Reformation it was held by Mr Archibald Douglas, who reported, on the 15th January, 1561-2, that its revenues were let on lease for 300 merks, or £200 a-year (Book of Assump- tions). This Archibald Douglas played a conspicuous part in the troubles and political affairs of this period. He was a younger brother of William Douglas of Whittingham, and grandson of John, second Earl of Morton (Douglas Peerage, II, 269). He obtained the parsonage of Douglas, prior to the 13th November, 1565, when he was appointed an extraordinary Lord of Session. He was connected with his patron and kinsman, the Earl of Morton, in the murder of Rizzio, in the March following. For this crime he, however, obtained a remission on the 24th of December (Privy Seal Reg., xxxv, 101). He was afterwards the agent of communication between Morton and the murderers of Darnley; and, according to the confession of his servant, actually passed to the "deed doing" at the Kirk of Field, where, in the confusion, he "tint his mules," (lost his slippers), which were found in the morning, and recognised to be his (Pit Grim. Trials, I, 146). No charge seems to have been brought against him at the time for his connection with this crime, and on the 2d June, 1568, he was appointed an ordinary Lord of Session by the Regent Murray (Pitmedden MS.) In a deed of 1570, preserved in the register of the diocese of Glasgow (586, 520), he is described as " Master Archibald Dowglas, parson of THE PAKISH OF DOUGLAS. 41 Dowglas, one of the Lords of Counsale." In the September of the same year he was sent by the Regent Lennox to the Earl of Sussex to congratulate him on his victory over the Queen's friends on the border, and to concert measures for the support of the Regent's authority (Hist. King James Sext., 64). Shortly after this he obtained the rich parsonage of Glasgow, but his induction was delayed, in consequence of the kirk not being satisfied either with his morals or his erudition. This difficulty was, however, overcome in January, 1572; although, if we may trust to the following account of his final examination in Banna- tyne's Journal (312), the requirements of the kirk must have either been very greatly modified, or have been very low in the first instance. The messenger who came to warn him to be in readiness for the next day, "fand him playing at the tables with the Lard of Bargany, and efter he had resavit the kirkis charge in wrait fra the said Walter, answerit, 'Why not, ye may say I am at my studie.' On the morne, when he came to the place of examinatione, wanting a psalm buke, and luking till some gude fallow suld len him one, Mr Dawid Wemyss bad give him a Grek Testament {per Hironiam), but he said, ' Think ye, Sir, that everie minister that occupies the pulpit has Grek?' and when he had gottin the psalm buike, after luking and casting- over the leives thereof a space, he desyrit sum minister to mak the prayer for him, 'for/ said he, 'I am not vsed to pray.' Efter he red his text, he sayis, 'for the connexione of this text I will reid that is befoir,' and swa red a gud space, till he come whair he began; and swa continewed his exercises with many hastlie noses." This account, whatever opinion it may leave on our minds as to the amount of the learning of Mr Alexander Douglas, certainly convinces us of his tact and readiness, and gives him a claim to be considered the inventor of that clever examina- tion dodge — the reading of the context, with the view of gaining time for consideration; while the light thrown on his moral character completely prepares us for the next phase of his political career. In April, 1-572, he was detected in assisting the Queen's party, who then held the Castle of Edinburgh, by conveying to them a sum of money, retaining, however, a large VOL. IT. F 42 THE UPPER WARD OF LANARKSHIRE. per-centage for his own use ; and he was at the same time accused of conspiring the death of Morton {Ibid, 234). On these charges he appears to have been committed to ward; and he certainly lived in privacy till the 11th November, 1578, when a letter was issued by the King, commanding him "to await and mak residence in his ordinar place of ye sessioune" (Books of Sede- runt). On the 31st of December following, he was denounced to the Privy Council as an accomplice in Darnley's murder, and orders were issued for his apprehension; but, having received timely intelligence, he fled to England (Hist. James Sext., 181). A demand for his extradition was sent to Elizabeth, which he endeavoured to evade by an offer to return to Scotland, provided he was tried by "unsuspect judges and persones of assyis." His proposal was at once rejected as the King of Scotland could not condescend to treat with his own subject (Pit. Grim. Trials, I, 150). On the 25th of November, 1581, he was attainted as accessory to the murder of Darnley, his connection therewith being proved by the testimony of his servant, Binney, who was executed in the preceding June for the same crime, and had con- fessed on the scaffold (Act Pari, III., 193). In 1586, however, protected by the influence of the Master of Gray and Randolph, the English ambassador, he ventured to return to Scotland and stand his trial, on which he was acquitted ; but a perusal of the proceedings must at once convince any one that this was merely a sham to whitewash the accused (Pit. Grim. Trials, L, 151). The scandal of this perversion of justice did not, however, stop here ; as immediately after, to the disgust of the whole nation, King James sent this person, notoriously one of the murderers of his father, as one of his ambassadors to England in reference to his unfortunate mother. Could the result be doubtful, or can we be surprised that Douglas coincided in the hint given to Eliza- beth by one of his colleagues — " Dead dogs wont bite," "Mortui non mordent" — which led to the judicial assassination of Fother- ingay. The time of his death has not been ascertained; but as we hear of him no more in public life, it is to be hoped that, in retirement, he found time to reflect upon and repent of his mani- fold crimes (Brunton and Hay's Senators Coll. of Justice, 127). THE PARISH OF DOUGLAS. 43 During the time when he held the parsonage of Douglas, we find from the following passage in the Book of Ministers (p. 33), that there was either a second minister in the parish of Douglas, which would point to a collegiate constitution of the church, or that an appointment had been made for the service of the cure during some of the many times Mr Archibald Douglas was in trouble: — "John Leverance, minister, 100 merks, November, 1567;" to which has been added, at a later date, the note — "Translatit to Culter." A subsequent entry in the same record, under the date of 1576 (App., 82), seems also to point at a collegiate foundation. It is to this effect : — " John Leverance, elder minister, his stipend, dClOO, with the kirk land of Car- michael, payand the reader at Carmichael." He was assisted by Thomas Carnebairnis, reader, whose salary amounted to "£16, with the kirk land, to be paid out of third of the personage of Dowglas." After this date, however, all signs of any collegiate foundation disappear, and the parish is found to be under the care of a single minister. Mr Thomas Bannatyne was minister in 1632, when he gave 40 merks to the Library of the University of Glasgow (Mun. Univ. Glas., III., 473); on the 5th Sept., 1633, he was censured by the Presbytery of Lanark "for travailling and goeing abroad vpone the Saturdayes" (Pres. Rec, p. 9). In the great sederunt of the Presbytery, on the 18th July, so often re- ferred to, Mr James Douglas represents Douglas as minister, and Mr William Inglis as elder. Having, in the following year, shown some consideration for the labouring classes, who were forced into the levy and had rim away from the muster, Mr Douglas was first censured by the Presbytery, then forced to tender resignation of his cure, and afterwards summoned before the Presbytery, when he was ordered to recant; a large minority insisting for suspension or deposition (Ibid, p. 22 et seq.) On the 6th of May, 1641, Mr Richard Inglis was transferred from the church of Wiston to that of Douglas (Ibid, p. 24). On the 3d of March of the following year, a committee of the Pres- bytery was appointed to design a full glebe for the minister (Ibid, p. 27). In 1643 a proposal was made to divide the parish 44 THE UPPER WARD OF LANARKSHIRE. (p. 32). In 1651, Oliver Cromwell granted a charter at Edin- burgh, by which he gave to the University of Glasgow all the bene- fices, including that of Douglas, which had formerly belonged to the Cathedral (Mun. Univ. Glas., I., 336). This was, however, a manifest invasion of the rights of the Lords of Douglas as the lay patrons, and was never acted upon. In 1663, Mr Peter Kid, minister of Douglas, was expelled for non-conformity (Wodrow, L, 326) ; and Mr Alexander Inglis was admitted to the benefice in December, 1661. The latter was succeeded, in 1678, by Mr Alexander Douglas ; and, on his removal to Lesmahagow, Mr William Thomson was appointed minister in 1682. Mr Andrew Simpson was instituted minister in 1686, and Mr Alex- ander Birnie in 1698 (Pres. Rec) The parish contributed 40 merks to the general collection for the town of Dunfermline in 1624 (Ibid, p. 2). In the September of the same year, the minister was enjoined to make diligent enquiry anent the turning of the riddle by Dennis Inglis and John Gilkersone. On the 9th of June follow- ing, there appears an entry in the books of the Presbytery to the effect that " Beatrith Chrichtoune, being accusit that sche sould have bewitched Dennis Inglis, went herself about him to the casting up of her kow, and Dennis affirms he came, and the kow schortlie after dyed, and fra that tyme he recovered." In Jan- uary, 1627, the minister was directed to summon the gyzartes of Douglas, and to try out those who were in women's Jtabits. This was followed, in February, by an order for serving a lybellit summons on William Weir, pyper, for playing at Yuile at the gysing in Douglas. On the 17th of June, 1645, it is minuted in the Presbytery records that — " Joanet Bailzie, sum- moned and called, compeared, and examined concerning charm- ing : shee denied, but repeated ane oratione, quilk shee confessed shee vsed to repeate when shee was with a woman in childbirth (for shee is ane midwife)." On the 21st of March, 1650, the Presbytery of Lanark received papers from Mr Richard Inglis, minister of Douglas, wherein were "set doune the confession of the haynous crime of witchcraft of ane warlock, called Archibald Wat, alias Sole the paitlet, freelie given up by him to the said THE PAEISH OP DOUGLAS. 45 Mr Richard, before famous witnesses, in the tolbooth of Dow- glasse; whereupon the brethren, having read and considered the confession, fand it so clear, poynting out the way of his making- covenant with the deevil, as also many meetings, since his cove- nant, keeped with the deevil and other witches in diverse places, that they thought it their duty to ordain one of their number to be sent to the Lords of Counsell to obtain a commission for an assize to sit upon the aforesaid warlock." On the 29 th of March, it was stated to the Presbytery of Lanark that Douglas was one of the three parishes in their bounds where the covenant had not been read. On the 21st of August, 1651, we find in the Presbytery records a pregnant instance of the extent to which the Church Courts at that time pushed their jurisdiction: — "The which day, anent the murther of a woman, committed in the paroch of Dowglasse, by George Lowdoune, as is supposed by many pregnant presumptions, as also by his fleeing, the Presbyterie ordains Mr Richard Inglis, the next Sabboth, to summon him to compeire before the Session of Dowglasse, and if he compeire not, to excommunicate him sommaiiie." On the 6th of November, 1 Q56, a list of eight persons, "quho are callit quakers," were given in by the minister of Douglas to the Presbytery. On the 19th, proceedings were ordered to be taken against them; and on the 30th April, a sentence of ex- communication was pronounced against four of them, the day being " keipt solemne, and the Brethren abstaining from mater of disciplin." This sect, however, still continued in Douglas, and seems to have so increased in numbers that, in 1705, the Presbytery directed the magistrates of the town to repress their conventicles. On the 28th of May, 1701, the Presbytery visited Douglas and recommended " to the heretors that they see to provyde them with seats in the kirk who are unprovyded, and, if need be, to make application to the Presbyterie for advyce. There- after the ministers and elders of the said paroche, being interro- gate of the following particulars, answered: 1° That they had the Confession of Faith, and were appointed lykewayes to pro- 46 THE UPPER WARD OF LANARKSHIRE. vycle themselves with the Acts of the Generall Assemblis for the use of the session. 2 0- That they had three silver cups and table cloaths conform for the communion. S ti0 - That they had two mortcloths and two black horse cloths. 4 t0 - That they had a poucler basin for baptizme. 5 ta That they had seven hundred merks Scots mortified for the use of the poor, and sufficient securitie for the same. The said clay the session took of the said paroche, being given in by Mr Gavin Hamilton, to whom it was delivered to be revised, and the Presbyterie, having heard his remarks thereupon, appointed the same to be approven in the form prescribed by the Generall Assemblie; And appoints them to register in a bound book all the charges and discharges of the poor's money. The session-clerk and officer were well reported of; and they had a schoolmaster, and one hundred pound of settled sallaries, but wanted a schoolhouse." The most remarkable feature in the ecclesiastical history of this parish is, however, the struggle waged between the powerful family of Douglas and the Church, with the Presbytery of Lanark as the organ of the latter. We have in this instance departed from our usual rule of chronological order, from the wish to lay before our readers the details of this contest, which extended over at least a quarter of a century, as a consecutive whole. Few of our records can show us, in so small a space, so perfect a picture of the society of the time. The language of •the editor of the Records of the Presbytery of Lanark is perhaps too strong, when he remarks, "that it exhibits a system of ecclesiastical oppression almost without parallel," but we repeat, that it would be difficult to produce, in the same space, so accurate a delineation of the utter intolerance of the dominant party in Scotland during the middle of the seventeenth century; an in- tolerance which it seems the fashion, in certain quarters, to deny more strenuously the more fully it is proved. On no point, moreover, has this denial been more strong than on the alleged attempts to remove, from the paternal guidance, the children of those who differed from the ideas of the ruling party. The following extracts from the records of the Presbytery of Lanark speak for themselves :— THE PARISH OF DOUGLAS. 47 25th September, 1623. Order "to try who presented the crucifix to my Ledy Anguse." 28th September, 1625. "Ane letter direct from the Bischope, ordaining some of the Breither to go and salute the Earl of Angus, suspect of papistrie, having laitlie returnit home." The Presbyterie mad choise of a committee "to that effect, and to desyre him to resort to his paroche kirk." On the 20th of September, 1627, they state that they have direct commissioners, at divers tymes, to the Earl, in all lenitie, exhorting and admonishing his Lo. to frequent the kirk on the Lorcle's day and heir the Word of God preached, quilk his Lo. has not obeyed, whairby his Lo. gives vehement suspicion of his falling away from the treuthe and the Confession of Faith sub- scribe by his Lo. Therefore they order their bedell to summon the Earl before them. On the 17th of January following, these proceedings are stopped by a royal order; but the Presbytery seem in difficulty, and write to the Bishop for instructions in the case of two of the Earl's servants. On the 31st of December, Janet Brown, aged 24 yeiries, con- fessed before the Presbytery — " She never communicated ; that she was brought up in papistrie, under her father and mother, and that she still professes papistrie; and being demanded whether or no my Lo. of Angus knew her to be a papist, answered, to her knowledge, he did. Lykewise, she promises to remove her self from the company of the Erie of Angus', dochters, and out of his house, betwixt this and Sunday cum aucht dayis." On the 31st of November, 1631, the Earl of Angus is ordered to be summoned to the next meeting of Pres- bytery, for his obstinancie in papistrie and disobedience to the kirke, in retaining Patrick Dicksone, excommunicate, apostate, and rebell to the King's Majesty, so long in his service, to the grit offence of God's people. On the 30th of October, 1636, it is reportit to the Presbytery that the Earl of Angus, now Mar- quis of Douglas, will not cause his dochter to go to church againit her will; bot for his part will not hinder her, and as for his servants, he is willing that theas of them who doe not go to the churche, the censure of the Church proceed 48 THE UPPER WARD OF LANARKSHIRE. against them, hot he will cause none to goe. On the 4th of January, 1644, Mr Alexander Somerville reports, that my Lord Marquis of Douglas has been at church himself, and undertakes for himself, his ladie, and children, that they shall be constant and ordinar hearers of the "Word. On the 7th of March following, the following statement is made as to the family of the Marquis: — "that my lady is willing to goe to church so soon as her health shall permit; and that my Lord is using means of information that he may subscribe the covenant. On the 9 th of May the Marquis offered to sign the covenant, whereupon a committee of the Presbytery was appointed to receive his oath, "with all religious solemnitie, in the sight of the haill congregation, having first posed him upon all the principall points of poperie, that severallie and pvhlicklie he may disclaim them for ever." This submission of the Marquis did not, however, satisfy the Presbytery, as, on the 18th of July, they, considering that the Marchioness still continues obstinate notwithstanding the pains they have taken, order her to receive the first admonition. This order is, however, delayed on the 5th of September, in regard shee came, with her children and rest of the familie, obedientlie to church; and my Lord under- takes she sail be ane ordinary hearer for the time to come. On the 26th of December, Mr Eichard Inglis reported that my Ladie Marquesse of Douglas being in childbirth, my Lord did plead to delay pressing of familie excercise till my Ladie should be recovered, that her consent might be obtained thereto. As for his Lo. communicating, he affirmed he was not able at that dyet, in respect of his health, and promised to be readie at anie other occasion, health permitting. The Presbytery not being satisfied with this answer, appointed a committee to press my Lord and Lady de novo, and require of them ane particular answer for the holding of familie exercise, for removall of their children, and for my Lord's communicating. Mr Inglis further reports, on the 13th and 27th of March, 1645, "that my Lord, according to his promise, had appointed family exercise, and was ane ordinar hearer thereof, with his whole family — except my Ladie, who, not being satisfied of her doubts, could not THE PARISH OF DOUGLAS. 49 abjure Poperie, but should be willing, at all times, to have con- ference, for her information. The Presbytery ordered Mr Ino-lis, minister of Douglas, to presse my Laclie to join with the rest in familie exercise; as also that her La. self, with her daughters, should be orclinar hearers of the Word, forenoon and afternoone, and should be ready to communicate the first occasion. On the 1st of May, the moderator reported that he went to Crawford, conferred with the Marquis, and preached forenoone, and be- yonth action, and that both in his conference and in seeing him, with great reverence, the whole day, give eare to the sermons, and communicate, he received great contentment. The Presby- tery did not, however, share his feeling of content, but ordained the minister of Douglas to deal with the Marchioness, to use all means of information, by conference, hearing of sermons upon the Lord's day, forenoone and afternoone, and also upon the week-day; as also by constant keeping of the exercises of the familie, herself and her children. On the 15 th of the same month, he reports, that the Marchioness and her children have given obedience in hearing of sermons, both on the Lord's day and week-days, as also in joining the family at exercise; but cannot find her La. rightly informed in the particulars of the covenant. On the same day, the chaplain of the Marquis being present, is asked how the children profited in the grounds of religion, and if he used means, both by private catechism and by conveying them always to chuech? Whereunto he answered, "That he did his diligence, and according to their age and capacity found good success; but that they did not always keep the church. Whereupon he was ordained to use all means for sowing the seed of grace in their young years, and grounding them in the true religion, and that they should on no occasion be absent from the kirke. On the 12th of June, it being reported that my Lord, Ladie, and their children, were present neither at sermons of preparation nor alms-giving, but onlie hearers the Sabboths before noone, and remained till the first table was served, when they removed, and none of them returned except the children, the Presbytery ordered that all of their children as are capable of instruction should be seques- VOL. II. G 50 THE UPPEK WAED OF LANARKSHIRE. tered. Against this decision the Marquis protested, but was informed it was in terms of an Act of Assembly. On the 2d of October, Mr Thomas Inglis, who attends the Marquesse of Douglas his children, being sivo7'n, anent his carriage in tyme of the enemies' residence, depones, " That he was never employed by the Marquis, or others, in anie thing that concerns James Grahame (the Marquis of Montrose) his services; that in his judgement, prayers, carriage, and discourse, he was ojjposite to his bloodie courses. He confesses that, through negligence, he said the grace when the Lord Aboyne was in the familie at night, not remembering he was excommunicate." On the 20th of November, the Marchioness was peremptorily required to sequestrate her children, On the 12th of February, 1646, the Presbytery require that the children of the Marchioness be presentlie removed from Garmichael to Glasgoiv. On the 4th of March, the Presbytery represented to the Committee of Estates "the dangerous consequents that may arise hi their bounds, if the Marquis of Douglas shall be returned to his station again" — he having been imprisoned in Dumbarton Castle for adhering to the royal cause. On the 1st of October, the Marquis having appeared before the Presbytery, was " scharplie rebuked and gravely challenged for his defection in joyneing with the publick enemie, and for prophaneing the Lord's table," and was referred for censure to the General Assembly. On the 7th of January, 1647, the Marquis appeared before the Presbytery, and "haveing humbly confessed on his knees the break of covenant, by his malignant carriage in our late tryal, was ordered to give hi a confession, under his hand, at the church of Douglas, and an affirmation of the covenant, to be recorded in futuram rei memoriam." He also undertook to remove his children to Edinburgh before the ensuing Candle- mas. On the 2 2d of April, the Marquis being challenged for postponing the education and sequestration of his children, alleged the reason thereof to be the want of a pedagog to go abroad with them; but offers to provide them, within twenty days, with a tutor, recommended for such charge by the Presby- teries of Glasgow, Edinburgh, or the University of St Andrews, THE PAEISH OF DOUGLAS. 51 or failing tlieni, by the Presbytery of Lanark. On the 17th of June, the Marquis proposed to the Presbytery that he should give his sons over into the hands of Mr Richard Inglis, minister of Douglas, to be board in his house, and a young man, Mr Alexander Jacke, to attend them there. This was agreed to, but only on the condition "that he gat ane honest man to be chaplane in his familie, for establishing familie excer- cise there." On the 1st of July, the Presbytery were thrown into a state of agitation by the report that the Marquis proposed to send his youngest son over to be bred in France, and despatched a committee hot foot to Edinburgh to represent the same to the Counsell, who directed that the Marquis should send along with his son a young man, who should be previously tried and found qualified by the Presbytery. At a meeting on the 13th January, 1648, the Marchioness was called in, and the Presbytery enquired if as yet her La. was satisfied in all the heads and articles of the Protestant religion, the Covenant, and Confession of Faith; and finding her as yet not satisfied, nor willing to renounce all her former erroneous and hereticall pointes, but pleading for ane longer time, they directed Mr Inglis to take paines in conferring with her untill the 19th of March, during which tyme, if there be no hope of success, he is, without further delay, to pass the sentence of excommunication on her the forsaid day. At the same meeting, the Marquis undertook that Lord William, Iris son, shall be sent with all diligence to school in Glasgow. On the 11th of October, a representation was made to the Commission of the Kirk of the heavy oppression of the Marquis upon his tenants. On the 23d November following, a committee reported that they had con- ferred with the Marchioness, and fand her readie to subscribe the Confession of Faith and the Covenant; but on trying and examining her La. upon what further light and satisfaction, fand her as ignorant of the ground of religion as before, for the which cause they durst not receive her subscription. The advice of the Synod being taken, the brethren were instructed to fre- quentlie confer with her La. anent the articles of the confession, and cause her subscribe article after article as she came to the 52 THE UPPER WARD OF LANARKSHIRE. knowledge thereof, and to prescribe to her some articles that she may be labouring to winne to the knowledge of them. 26th October, 7th December, 1648, and 11th January, 1649.' — The Marquis of Douglas being challenged — 1. For not keeping his son in Glasgow at the school, with a sufficient pedagog approved by the Presbytery. He undertook that the young man who presently attends his son shall be presented to the Presbytery, and if not appro ven, he will purchase another. 2. For not de- livering his daughter to some Protestant friend by sight of the Presbytery. He agreed to educate her. 3. For not having a sufficient chaplain approven. He undertook that within a month he should present a qualified man to be chaplain in his family, and that he shall be entertained and respected in the family as is suitable for such ane employment, and be accomodat to come to the Presbytery every Presbytery day. 4. For the op- pression of the poor people. He agreed that, on receiving a note of the particular complaints and unjust burdens, he would give satisfaction and appoint arbiters for this purpose. He also undertook that he and his whole family shall be constant hearers of the Word before and after noone upon the Lord's day, and also of the weeke dayes sermon; and that all his servants shall produce testimonials — those who before had their residence on this side Forth within a month, and those beyond in two. At the last of these sederunts, the Presbytery permitted the Marquis to bring his son out of Glasgow to the schoole of Lanark, but only on the condition that he shoidd not go home to his parents except with their permission. 8th March, 1649. — A petition from the Marquis was presented, stating that he had given satis- faction for the oppression of his people, at the sight of three persons approven arbiters, and craving that the processe against him should be discharged. The Presbytery having seriously pon- dered, and being verie jealous, through diverse informations and presumptions, that the people that before did complain are forced through threatenings, and not moved by any received recompencc, to desist from their complaints, refused the prayer of the petition. On the 19th of April, however, they became convinced that satisfaction had been made for the oppression of THE PARISH OF DOUGLAS. 53 the tenants. 31st May. — Some articles having been given to the Marchioness to subscribe, she answered, that it was not necessary to subscribe ane article after another, but all together; and this excuse she subsequently repeated on several occasions. 25th October. — The commissioners sent to the Marchioness reported that they found her willing to give all obedience, rather than suffer the sentence of excommunication, but earnestly desir- ing that some short time might be granted her. Whereupon they did intimate publicklie to the whole congregation that they were come to pronounce the sentence, bot was impedid by her offer of obedience, to which she assented in the face of the con- gregation. On the same day, the Presbytery considering that my Lord William, son of the Marquis, was at home this long- time from school, and so lost his time, and also that the Marquis was not carefull in seeking a pedagogue for him of approven honestie and integritie, but rather still inclined to have such as were under suspicion of malignity, nominal Mr James Vetch, one of their owne, and of known honestie, to be recommended to his Lo., and required him to send for the said Mr James to aggrie with him. On the 8th of No- vember, the Marquis replied that he would not send for Mr Vetch, but if the Presbytery would send him to him he would speak with him to sie if he be fit for the charge. Wliere- upon the Brethren desired the Marquis to receive him upon their recommendation, otherwise they would proceed against his Lo. according to the Acts of the General Assemblie. On the 22d, it is minuted that the Marquis had sent for Mr Vetch, and received him as pedagogue to his son, which the Presbytery took well at his hand. 23d June and 4th July. — The Presby- tery insisted on the Marquis recalling Iris sons from France, which he professed his inability to do. 1st June, 1655. — Com- plaint made of several outbreaking of sine in the Marquis of Douglas his house. 22d April, 1656. — Committee appointed to repair to the Marquis and require him to redress the disorders of his family, and to attend the public ordinance personally, under the pain of condign censure. 1 5th May. — It is reported that the Marquis and his Lady ingadgid themselves by promise to attend 54 THE UPPER WARD OF LANARKSHIRE. to the publick ordinances quhen they hav health, but the com- mittee have received no satisfaction as to the disorders of the familie, especiallie the want of familie worship. 4th September. — The Presbytery, considering that the Marquis doeth not ordi- narily attend the publict ordinances, but, somtyme the sermon, withdrawing himself, and oftymes the servants in the afternon, and that in sight of the whole congregation, he and his ladie cometh scarce to the kirk once in a year, and that there is no worship of God at all in their familie, and that his Lo. doeth pretend his age and infirmitie to be the cause why he frequenteth not the public ordinance, require him, in order to the redressing of the said scandals, to conduc with ane honest chaplane, that he may have the charge of the familie dewties. The Church. — Although a modern church for the use of the parish was built after the Reformation, portions of that of the middle ages still exist. It is situated in the village of Douglas, not far from the castle, and was dedicated to St Bride, the patron saint of the family. It must have been of consider- able size, and seems to have consisted of a chancel, with a nave and two side aisles. Of these the chancel, and three bays of the south aisle, are all that now remain, and they appear in a sadly mutilated condition — the noble arches and the rich mullioned windows being filled up with coarse ruble work, which in a great measure obscures the original plan of the edifice. There is also a small tower at the intersection of the chancel and the south aisle, the upper part of which may have been coeval with the rest of the building. The lower portion, however, now presents a very different appearance from what it must have done when the church was in its original form, as it completely blocks up the first of the elegant and lofty pointed arches of the nave. The architectural style of the existent por- tions of the church is decidedly that of the latter part of the four- teenth century; and there can be little doubt that the church was re-built by Archibald Duglas, Lord of Galloway, circa, 1390. This date is further corroborated by the tradition that the masons who were employed on this church went thence to assist 3 B2 o H pq GO THE PARISH OF DOUGLAS. 55 in finishing the Cathedral of Glasgow. The spire of that minster was destroyed by a conflagration in the time of Bishop Mathew, 1387, 1408; and preparations were made for its restoration by that prelate, winch were carried out by his successor, Bishop William. The position of the high altar in the church of St Bride is marked by two recesses which must have been used as aum- bries or credence tables. There still exists in the south wall of the chancel a most elegant double piscina. We have, however, unquestionable historical evidence that the site was occupied by a church much older than the existing remains, and a small piece of its wall is still in existence at the base of the tower. The altars of the chantries of St Thomas and St Mary stood respectively on the south and north sides of the church, most probably at the end of the aisles. The chancel contains some most interesting monuments of the great Lords of Douglas, and the coffins of a number of the other members of the family are deposited in a vault below the high altar. These monuments will be more particularly described when, in relating the civil affairs of the parish, we have occasion to refer to those in whose honour they were erected. They, and the remains of the church, are now carefully preserved, but have suffered much from pre- vious violence and neglect. It is commonly said that the injury was occasioned by a detachment of Cromwell's troops, who used the church as a stable for their horses ; but in the New Statis- tical Account it is admitted that we have unfortunately a less remote cause to which we may trace much of the mischief; for, during the many years when Douglas Castle was deserted as a residence, the aisle (chancel) was left open and unjirotected, and the boys of the place, with the destructive propensity character- istic of the Scots, made it a favourite amusement to aim with stones at the figures and chisel work. In addition to the mother church, the parish possessed several subordinate chapels. At Parrockholm, or Parisholm, near the western boundary of the parish, there was, on the Monk's burn, a chapel dedicated to the Blessed Virgin, which appears to have oQ THE UPPEE WAED OF LANARKSHIRE. been founded in the reign of James IV. In 1531, James V. gave the four-merk land of Parrockholm, in the lordship of Douglas, then in the King's hands by reason of the forfeiture of Archibald, some time Earl of Angus, for the support of the chaplain; Schir George Eirmair held this office at the time of the grant (Reg. Mag. Sig., XXIV., 69). At Anderson (formerly called Andershaw), in the south-east of the parish, there was a chapel and a cemetery. The font belonging to this was removed within the memory of man. In the vicinity there is a spring which still bears the name of Chapel Well. On the eastern side of the parish, there is a hill called Chapel Hill. It has been conjectured that another chapel stood on the lands of Glentaggart, but the only foundation for this is the existence of a very rude stone, with two rectangular depressions. It is said that it was used for the purpose of baptism at a great open air meeting of the Cameronians held on Auchen- saugh Hill in May, 1712, but it certainly was never so applied in mediaeval times. It in no way resembles any type of an ecclesiastical font. In some respects it makes a very distant approach to some rare forms of a double piscina, but others of its features completely negative the idea of it ever having been used as this adjunct of a pre-Keformation altar, or indeed for any religious purpose whatever in a church of that period. There can be little doubt that it was formed in more recent times, and for some secular purpose. Civil Affairs — The Barony. — The lands of Douglas un- doubtedly belonged from the earliest period, when they are mentioned in our records, to the ancestors of the distinaiiished family of the same name, which has played so conspicuous a part in Scottish history. At one time it was believed that their descent could be traced as far back as the eighth century; and it was asserted, that in the year 767, King Solvathius owed a great victory to their prowess, "and inquiring who was the author of so valiant an act; answer was made in the Irish THE PAEISH OF DOUGLAS. 57 tongue (which was then only in use), Shotto du glasse, that is to say, Behold yonder dark grey man ! " (Godscroft Hist., Edit. 1743, I., 6). This legend is now, however, utterly discarded as a baseless genealogical myth. Chalmers contended that the founder was one Theobald, a Fleming, who settled in Scotland during the reign of King David I.; but it has been clearly shown that the charter on which he relied (Lib. Gal., 78, 107; 81, 116) has no connection with Douglas, but relates to lands in the ad- joining parish of Lesmahagow. We will have an opportunity of adverting more particularly to this subject in our account of the latter. It is nevertheless true, that it is in the reign of the above-mentioned monarch that we first meet with the names of the Lords of Douglas in authentic records. Hugo, filius Fresechin, appears as a witness in a royal charter to the See of Glasgow, certainly granted before the year 1150 (Reg. Glas., 13, 11). From the constant recurrence of these names in the pedi- gree of the family during the succeeding century, we believe that this Hugo was at that time its representative, although the ter- ritorial surname of Douglas had not as yet been adopted. It was, however, undoubtedly assumed, previous to the time of William the Lyon, during which reign we find William and Archibald de Douglas, as we conjecture, the son and grandson of Hugo, filius Fresechin, attesting a variety of charters. I. William de Dufglas appears among the witnesses to a deed, by which Bishop Joceline of Glasgow, intra 1171, 1199, confirmed the castle of Peebles to the Abbey of Kelso (Lib. Gal, 316, 451); and also among those to a charter in favour of that of Holyrood, granted by Adgarius, son of Duvenal, circa 1200 (Lib. St. Crucis, p. 44). He also attests two charters by Thomas, son of Tancard, both of which are perhaps a few years earlier; one being a grant of lands to the monks of Arbroath (Chart. Arbroath, No. 135, 136), and the other of a marriage portion to the sister of the grantee (Nisbet Heraldry, II., App. 153). He was present in the king's court at Edinburgh on the feast of St Nicholas, in the year 1213 (Org. Chart, in RiddelVs Remks. on Scotch Peerage Law, 149). A. Freskyn, who acquired the lands of Kerdale, in Moray, seems to have been a VOL. II. H 58 THE TJPPEK WAED OF LANARKSHIRE. younger brother of this William de Douglas: as in a charter, granted by a son of the latter, he is described as avunculus noster (Reg. Morav., 65, 53). Some authorities, however, hold that Sir Freskyn married a sister of William de Dufglas (Douglas Peerage). The latter had six sons : Archibald, who succeeded him, Brice, Freskyn, Hugh, Alexander, and Henry. Up to the commencement of the thirteenth century, the family of Douglas had been little distinguished above their neighbours. The elevation of Bricius, the second of these brothers, to the Bishopric of Moray, in 1203 (Ghron. de Mailros, 105), however, led to a great increase in their position, possessions, and power. Bricius had previously been prior of Lesmahagow (Ibid), and perhaps was indebted to the influence of his uncle, Sir Freskyn, for his promotion to the Northern Episcopate. It is, however, probable, that even before this date, a close connection subsisted between the house of Douglas and the powerful family of De Moravia. In regard to which, Wyntoun, writing about 1420, observes: — " Of Mnrrawe and the Dowglas How that thare begynnyng was, Syn syndry men spekis syndryly, I can put that in na story. Bot in thare armeys baith thai bere. The Sternys set in lyk manere : Til mony men, it is yhit sene, Apperand lyk that thai had been, Of Kyn be Descens lyneale, Or be branchys collatorale." — B. viii., C. vii., 2, 67. Bricius was a man of talent and energy, and showed great zeal in regulating his diocese and chapter. He despatched a deputa- tion of his clergy to Lincoln, in order to obtain a copy of the rules of that cathedral, to guide him in framing those of his own (Reg. Morav., 44, 48). It cannot, however, be denied that he showed that inclination for the aggrandisement of his family which has so often been made a reproach to high dignitaries of the church. He seems to have collected all his brothers around him, THE PARISH OF DOUGLAS. 59 and to have bestowed many favours upon them. Freskyn, as we have already seen, was promoted from the parsonage of Douglas to the deanery of Moray. Hugh and Henry were made canons in the cathedral {Ibid, 17, 230), while Alexander obtained the im- portant secular office of Sheriff of Elgin {Ibid, passim and Lib. Gal., p. 297). Even his elder brother — II. Archibald de Duglas appears to have taken part in the affairs of the diocese of Moray, not only during the lifetime of Bricius, but afterwards, in the episcopate of Bishop Andrew, his successor {Reg. Morav., 17, 23; 80, 7-1). This did not, how- ever, prevent him from attending to his patrimonial inheritance of Douglas, and the interests of the family in the south. He joined his father in attesting the second of the two charters by Thomas, son of Tancard, mentioned above, and also accompanied him to the court of the King, held at Edinburgh, in December, 1213. He had, moreover, acquired considerable property in his own right, and taken an active part in public affairs, many years before his father's decease, which must have occurred shortly after the last-mentioned date. In the register of Dunfermline (97) there is preserved a charter, granted intra 1178-1198, by which it appears that Archibald, the son of W. of Douglas, appeared in a full chapter of that monastery, and renounced all claim to the lands of Halis, which he held of it, and returned into the abbot's hands the charters which had been granted to him, together with all right which he had or might have to the said lands. Erkenbald de Duneglas is witness to a charter granted by Bishop Joceline of Glasgow, 1171-1199 {Lib. de Met- ros, 36, 13), and also to a confirmation by Joceline's successor, Bishop Walter, in 1228, of a grant by Hugo de Bigris (Bigger), of the teinds of lands of B. Bard, to the cell of Lesmahagow {Lib. de Gal, 230, 280; 152, 186). Henkebald de Duglas attests the grant of the lands of Glencaple, in the parish of Crawford, made by David de Lindesay to the Abbey of Newbattle, intra 1221-1232 {ante, Vol. I., p. 77). Among the witnesses to a charter, by which Wm. Purveys of Mospenoc granted, about this time, a right of way through his lands to the monks of Melrose, we find recorded — Archibald de Dufglas and "Andrea, milite supra 60 THE UPPEE WARD OF LANARKSHIRE. dicti A. de Dufglas," the knight or man-at-arms of the said Archibald {Lib. de Mel, 214, 238). That a mere retainer of the house of Douglas should have been permitted to attest so important a deed, is a striking proof of the importance it must have attained, even as early as the commencement of the thir- teenth century. Archibald de Douglas is found attesting a charter granted by King Alexander II. to the Bishop of Ayr, in the year 1236 (Godscroft, I., 22). He largely increased the pos- sessions of the family by his marriage with one of the daughters and co-heiresses of Sir John Crawford of Crawfordjohn, and must have died before 1240, as in that year we find his son — III. William attesting a royal grant to the Abbey of Kelso, and a decreet-arbitral between that monastery and Daniel and Robert de Douane, in regard to the lands of that name in the adjoining parish of Lesmahagow (Lib. de Cat., 150, 182, — 162, 194). In 1253, he became one of the cautioners (fide jussores) for the due execution of a convention between Walter de Moravia and Bishop William of Glasgow, regarding the chapel of St Katherine in the church of Osberniston on the Clyde (Reg. Glas., 162, 203). He was one of the magnates of Scotland who met at Roxburgh on the 20th of Sept., 1255, and advised Alexander III. to remove the Comyns and their adherents from his council (Act Pari, I., 77; Foed., I., 565). In 1273, he sat at Carstairs, along with Nicholas de Bigger and Thomas Ranul- phus, the King's chamberlain (Regis Camerarius), as judge of a lawsuit between the Abbey of Kelso and Sir Symon Loccard of Symington (Lib. Gal., 267, 333). He appears to have acquired lands in England, as, in 1267, he accused Gilbert UmfraviDe, Lord of Redesdale, and John Hiiiaw, of having falsely calumniated him, at the siege of Alnwick, to Prince Ed- ward, son of Henry III., as being an enemy to the King and Prince, with the view of obtaining the Manor of Faivdon, in Northumberland, held by William of Gilbert, and which Prince Edward had granted to him. The matter being referred to an assize, the claim of Sir William Douglas was declared to be just. As soon as this decision was known, Umfraville and Hiiiaw at once took the law into their own hands, and at the head of a THE PAEISH OF DOUGLAS. 61 hundred men of Eedesdale entered upon the lands, wounded the son of Sir William, who appears to have been in possession of the place at the time, and carried off the goods and chattels belonging to Douglas (RiddelVs Remarks on Scottish Peer- age Law, p. 175; Placit Curia Regis, 166). Sir William had two sons. The eldest, Hugh, married Marjory, sister of Hugh, Lord Abernethy. Their marriage contract is still preserved, and consists of an indenture, whereby Lord Abernethy contracts to give with his sister twenty ploughgates of land in the town of Glencors, in Lothian, and Sir William agrees to settle on his son and his wife twenty ploughgates of land in Duglasdale ; and secondly, of a charter by which William de Duglas, in fulfilment of the obligation undertaken by him in the indenture, grants to the spouses the lands of Glaspin, Hartwood, Kennox, Cormack- hope, and Leholm (Godscroft, I., 22). Sir Hugh either pre- deceased his father or died shortly after him without issue, and was buried in St Bride's church at Douglas, where there still exists, on the south side of the chancel, between the altar and the priest's door, a recumbent female effigy, said to be that of his wife, the Lady Marjory — and the costume is certainly con- sistent with the tradition. From the figure being a solitary one, it is probable that she died before her husband. The estate devolved on — IV. William de Duglas, his younger brother, to whom the chronicles have assigned the epithet of "Le Hardi," the mean- ing of which has been often misunderstood. Even such a high authority as Mr Eiddell explains it as "hardy" (Remarks on Peerage Law, p. 176), and considers that it originated in a severe wound which this chieftain received early in life. There, however, can be no doubt that, in the Anglo-Norman of the period, " Le Hardi" had not this signification, and that the soubriquet should be translated "the bold," with a spice of daring and even insolence added to it — a character which we will find this William of Duglas fully entitled to. As we have already had occasion to mention, incidentally, he was dangerously (lethaliter) wounded while defending his father's Northumbrian manor of Fawdon against Gilbert de Umfraville and a band of 62 • THE UPPER WARD OF LANARKSHIRE. the men of Redesdale (Plac. Car. Regis, 166). In 1288, he granted to the Abbot of Kelso an acknowledgment that he had received all the charters belonging to him which were in the custody of the latter (Lib. de Cal., p. 168). In the same year, he imprisoned, in his castle of Douglas, Sir William Abernethy, one of the assassins of Duncan, Earl of Fife, who had been captured in the adjoining parish of Covington. It may be doubted, however, whether the Christian name of the prisoner was not Hugh, as, in 1291, Edward I. ad- dressed an order to the Bishop of Caithness, which bears on the preamble, " that, although by the law and custom of Scot- land, no baron could hold a person in custody who had been seized beyond the bounds of his barony, or on account of a crime not committed within them, we have heard that our be- loved and faithful William de Duglas detains in his custody Hugh de Abernethy, accused of the murder of Duncan, late Earl of Fife," directs that prelate to issue letters under the royal seal, commanding Douglas to deliver his prisoner to William de St Clare (Rot. Scot, I, 2). If this Hugh is the same with the Sir William mentioned in Wyntoun, this mandate was either evaded or disregarded, for he expressly states that the prisoner was confined in the castle of Douglas — "quhile dede he was" — (Wyntoun, VIII., 9). Sir William de Douglas was one of the barons who assembled at Brigham on the 17th of March, 1289, and addressed a letter to King Edward, congratulating him on a dispensation having been obtained for the marriage of his son, Prince Edward, with Queen Margaret of Scotland, and agreeing to the same on the conditions submitted previously to the Par- liament of England (Act Pari., I., 85). Sir William married a daughter of William de Keth, but she must have died before this year, as Alianora de Louvaine, widow of William de Ferrars, Lord of Groby, having come, in the latter part of it, to the house of her kinsman, Alan de la Zouch, at Tranent, with the view of obtaining possession of the jointure to which she was entitled from the lands held by her deceased husband in Scotland, William le Hardi carried her off, vi et armis, cum equis et armis et multi- tudine armatorum, and afterwards induced her to become his THE PARISH OF DOUGLAS. 63 wife. In consequence of this outrage, Edward I. issued his pre- cept to the Sheriff of Northumberland, commanding him to seize upon all the lands and chattels within his bailiewick winch be- longed to William de Douglas. In the following year, however, the latter, on paying a fine of i°100, obtained from the English king a grant of the feudal benefit of the marriage of the lady, {Collins Peerage, Edit, 1799, VI, 333; Dugdale's Baronage, I, 267). William le Hardi has been generally identified with a Dominus Willelmus de D. . . . , who, in 1291, came and performed his homage to Edward as King of Scotland, in the chapel of the manor of Walter de Lindesay, at Thurstanston, in the diocese of St Andrews {Ragman Roll, 13). He was one of the barons who disregarded the summons calling upon them to attend the first Parliament, held by John Baliol, as King of Scotland, on the 10th of February, 1292 {Act Pari, I, 91). Shortly afterwards he refused payment of his mother's jointure, in consequence of which she proceeded against him before the justiciaries, and obtained a judgment, appointing her to be infeft in certain lands, and to have 140 merks levied for her damages. When the officers of the king proceeded to Douglas to execute this decree, Le Hardi seized them, and con- fined them for a night. On their release the next morning, they fled to the Royal Castle of Lanark without making any further attempt to enforce the wan-ant entrusted to them. For this offence Douglas was arraigned before the Parliament, held at Stirling on the 3d of August, 1293. He pleaded that the officers were wrong in levying the damages so soon. He was, nevertheless, found guilty, and committed to prison {Act Pari., I, 92; Foed. II, 613). In the same Parliament another charge was brought against him, which strikingly illustrates the state of villainage winch existed in Scotland at this period. It was alleged that Le Hardi had, before Baliol's accession to the throne, seized three of his men, and detained them unlawfully in the castle of Douglas, although offers had been made to repledge them; that one of them had died in prison, that another had been beheaded, and that the third had escaped, whereby the king had suffered a loss of i?1000. Douglas admitted the truth 64 THE UPPER WARD OF LANARKSHIRE. of this accusation, and came in the king's will in regard to it (Act Pari I, 93; Foed. II, 614). Sir William de Douglas was governor of the castle or citadel of Berwick when that place was besieged by King Edward I. in 1296. The town having been taken by storm on the 30th of March, he capitulated the same day on security for life and limb (Hemming ford, II., 128). Having, however, soon after sworn fealty to the English monarch, and renounced all treaties with Philip of France (Rag. Roll, 64), he had restored to him, by special favour, his lands in the shires of Fife, Edinburgh, Berwick, Dumfries, and Wigtown (Rot. Scot, I, 24). His submission was, however, of short duration, for as soon as Wallace had raised the standard of independence in the spring of 1297, he hastened to join that patriot chief (Hemming- ford, II., 128); in consequence of which, Robert the Bruce laid waste the lands of Douglas, and carried Sir William's wife and family captive into Annandale (Ibid). According to Blind Harry, Sir William obtained, by stratagem, possession of the castle of Sanquhar, in which he was besieged until relieved by Wallace. He was one of the leaders of the Scottish host when, in the neighbourhood of Irvine, it found itself in the presence of the English army, under the command of Percy, on the 9 th of July of that year, and was one of the chief negotiators of the treaty then made (Foed. II, 774). Finding, however, that many of the barons for whom he had acted drew back from the agreement, and delayed the delivery of their hostages, he considered himself bound in honour to surrender to the English generals, Percy and Robert de Clifford, by whom he was conveyed to Roxburgh (Palgrave Doc. relating to Scotch History, I, 197). The failure of the Treaty of Irvine to secure the submission of Scotland, produced an intense feeling of irritation in the minds of the English, which was chiefly directed against the Scottish barons who had negotiated it. Of this we have a strong proof in a letter addressed to King Edward by one of his officers — the old Norman French of which loses much in translation. After mentioning that Percy and Clifford had brought Mons. William de Duglas in their com- THE PARISH OF DOUGLAS. 6-5 pany to Eoxburgh, he proceeds: "And I find, dear Sire, that Mons. W. de Duglas has not kept the covenants he made with Mons. Henri Perci. Is he not in my charge in your castle of Berwick? and although he is still very angry and irritated, I shall keep him in such manner that, by God's grace, he shall not be better." E. p'rceo, cher Sir, ke Mons. W. de Duglas ne avoit pas tenu les covenaunz ke il fit a Mons. Henri de Perci. N'est il en votre chastel de Berwic en ma garde, e si est uncore mont sauvage et mont araillez, tnes joe le gardrai en ten manere si, Dieu plet, ke il na sorra mie {Lanercost Chron. 494, 5). William le Hardi was kept a close prisoner in England from the time of his surrender till his death, which occurred at York in the year 1302, the lands of Duglas being in the meantime granted by Edward to Lord Clifford. By his first wife he left three sons, James, Hugh, and Archibald. V. The eldest was the good Sir James of Douglas, so well known in history and tradition, to whose noble and estimable qualities the House of Douglas were indebted for the begin- ning of that greatness, which, to use the words of Godscroft, "came at last to exceed others so far that it did almost pass the bounds of private subjects." Indeed, from the accession of Sir James downwards, for many centuries, the history of the House of Douglas, if detailed in full, would be almost equivalent to one of Scotland. Any attempt to treat the subject in this complete manner is manifestly impossible within the limits of the present work; we shall, therefore, henceforth confine our- selves to a brief notice of the leading events in the lives of the successive Lords of Douglas, without, however, failing to men- tion at greater length any incidents which are of local interest, or have been omitted in the narratives of the national historians most generally referred to. On his father's final surrender to the English in 1297, James of Douglas was conveyed to France by his maternal uncle, Eobert de Keth, and in that country acquired all the accomplish- ments of the period. On his return to Scotland, he was, according to Godscroft, (Vol. I., p. 37), presented to King- Edward at Stirling, by Lambert, Bishop of St Andrews; but VOL. II. I 66 THE UPPEE WARD OF LANAEKSHIEE. the English monarch denied him any courtesy or favours, declar- ing "that he had no service for him or any such traitor's son/' When Robert the Bruce made his well-known march from Dumfries to Scone, he was met at Errichstone by a young knight, who, the moment the Bruce approached, threw himself from his horse, and with bent knee did homage to him as his rightful sovereign. The King immediately recognised him as Sir James Douglas, and affectionately welcomed him (Tytler, I., 2317). Sir James accompanied the Bruce to Scone, was one of the barons present at his coronation there, and ever afterwards shared his fortunes. The valour shown by Sir James in the battle of Methven; his gallantry in rowing his sovereign in an open boat over a stormy sea; the suc- cessive captures of his paternal castle of Douglas, which caused it to be considered a post of such importance and clanger that its custody was sought for by the boldest knights of England, and obtained for it the name of the "Perilous Castle of Douglas," so tamely rendered by Sir Walter Scott as "Castle Dangerous"; the episode of the Douglas Larder; the surprise of Roxburgh; his chivalrous conduct to Randolph on the eve of Bannockburn; the military skill and courage he dis- played on that eventful day, and his dashing pursuit of the second Edward, are known to every child in Scotland. His various successful invasions of England, after the great day of Bannockburn had freed the soil of Scotland from the hoof of the invader, and his surprise of the Royal tent on one of these occasions, are also matters of well-known history, but, for the reasons we have stated above, we do not dwell upon them, but turn to matters of more local interest. In 1322 he obtained from the Bruce a new investiture of the lands of Douglas, with the tenement of Carmichael. This charter, which is a bounding one, gives us the ancient limits of the parish of Douglas, except on the side where it marches with Carmichael. They are as follows: "By Douglas Water to the mouth of Ponnelburn up the said burn to Catteclouch, and from Catteclouch to Knock- Stillach, and from Knock-Stillauche, to Lambukislav, and from Lainbukislav to the Kairn of Kairntable, and so by the old march THE PAEISH OF DOUGLAS. 67 of Douglas to the Kairn of Tintov." "Per acquam de Duglas ascendendo usque Polnelismouth, et sic per Polnele, ascendendo usque Catteclouch, et sic de Cattecluch usque Knock- StiUach, et sic de Knock Stillauch usque Lambukislav, et sic de Lambukis- lav usque le Kcerne de Kcernetable, et sic descendo, per antiquum marchiam de Durjlas, quo usque pervenit apud le Karne de Tintov." It contains a grant of a free barony, the aclvowson of the church, and all free tenants and bom men; and the lands granted are to be held by Sir James, his heirs, and assigns, by the delivery of a pair of gilt spurs, at Lanark, on the Feast of the Nativity, free from wards, reliefs, marriages, es- cheats, suits of court, and all other services or demands {Reg. Mag. Sig., 15, 77). In 1325, Sir James, after gaining a victory over the English at Biland in Yorkshire, obtained a grant of the regality of his lands, with the privilege of judging all crimes com- mitted therein, with the exception of manslaughter and pleas of the Crown, "Ad homocidium et coronam nostram pertinenti- bus." His vassals and serfs were declared exempt from all suits of court, and all claims for the warding of the Eoyal castles, all prises, and talliagis, and attachments whatever, saving aids for the defence of the kingdom. "De luardis castrorum, nee non de omnibus, presis, talliagis, cur iagiis, et captionibus, quibuscunque ad opus nostrum, et hwredum nostrorum, salvo tantum, com- muni auxilio, pro defensione regni nostri contingente." The reddendo, or clause of tenure, is most singular, and has obtained for the deed the title of the " Emerald Charter of the House of Douglas." It declares that the King has invested Sir James with an emerald ring in token of the perpetual sasine of him and his heirs, thus apparently doing away with the neces- sity of each successive inheritor renewing his homage — a privi- lege which is unique, and found in no other mediawal grant. The following are the actual terms of the deed: "Et ut prcesens, carta robur, firmitatis obtineat in perpetuum, manum ejusdem Jacobi annulo cum quodam lapide, qui dicitur, EMEEAULDUS eidem Jacobo, et heredibus suis, nomme sasince, in memoriale permansuro infuturum, ex manic nostra per sonaliter investi- mus" {Godscroft, quoting Douglas Charters, I., 74; Robertson 68 THE UPPEE WAED OF LANARKSHIRE. Index, 10, 26). Sir James sat in the Parliament of 1308, when a letter was sent to the King of France requesting him to aid in defending the independence of Scotland; and was one of the barons of that kingdom who, in 1320, drew up and transmitted to the Pope, a spirited protest against that Pontiff's advocacy of the pretended supremacy claimed by Vhq English Kings (Act Pari, I, 99, 111). On several occasions Sir James was named Eegent of the kingdom, failing his com- rade, Randolph, Earl of Moray (Act Pari, I, 105). In 1316 he actually executed this office during the absence of the King, who had gone to Ireland to assist his brother Edward, and repelled several invasions of the English, killing more than one of their leaders with his own hand (Godscroft, I, 66). In 1329 he had restored to him his paternal manor of Fawdon in Northumberland (Foed., IV., 318). When Robert the Bruce felt it impossible, from his failing health, to fulfil his vow of visiting the Holy Land, he resolved to send his heart to be deposited near the tomb of our Saviour, and selected his old and tried adherent, Sir James Douglas, as the person most fitted to carry out his wishes. In token of this trust, he appears to have granted to Sir James an augmentation of his family arms, viz., a heart between two hands — an honoured bearing which has ever since been borne by the House of Douglas, and has become, under the appellation of the "Bleeding Heart," the main cognizance of the family, superseding their older blazon of the silver stars. Among their archives there is still preserved an ancient sword, highly ornamented, on which is engraved the two hands pointing to the heart, surrounded by the legend. " So many guid as of the Douglas beinge, Of ane surname, was neer in Scotland seine; I will ye charge, after that I depart, To Holy Grave, and thair bring my heart: Let it remane ever, both time and hour, To ye last day I see my Saviour. I do protest in tyuie of all my ringe, Ye lyk subject had never ony kinge." This weapon was evidently not one actually used in warfare, THE PAEISH OF DOUGLAS. 69 but a sword of state, similar to those belonging to the Earldom of Chester which are now preserved in the British Museum. To facilitate his journey, Edward III. granted a passport to Sir James. " Versus terrain sanctam in auxiliuin Christianorum contra Saracenos, cum corde, Domini Roberti, Regis Scotice, nuper defuncti." The duty was, however, one which, in the fourteenth century entailed no little danger and toil, and rendered the safe return of Sir James a matter of the greatest uncertainty. He was fully impressed with this doubt, for on the eve of his departure we find him granting certain lands to the Abbey of Newbattle on condition that the monks shall celebrate a choral mass at the shrine of St Bride on the day of her festival, and shall, on the same day, entertain thirteen poor people, who shall pray for his weal. "In perpetuam die beatte, Brigide virginis ad altare, ipsius in monasterio suo, unam missam de ipsa cum nota celebrare, et eodem die in honorie ipsius tredecim pauperes pascere ut ipsa sanita specialiter pro ijjso ad deum intercedat, ut quod animcv, et corpi suo niagis expedit meritis, et precious ejus inter venientibus, sicut Dens concedat." {Newbattle Chart., 100, 134). The result of Sir James's exi3edition justified his forebodings. Touching on the coast of Spain he found the Chris- tians of that country in the middle of their long struggle with the Moors, and on the eve of a battle. Landing with his Scottish knights, he joined the army of the Cross. The success of the clay being doubtful, he headed a desperate charge, hurling before him the heart of the Bruce, with the exclamation, " Lead, as thou were wont to do," and fell in the arms of victory. His comrades at once returned to Scotland, taking with them the heart of their King and the body of their heroic leader. The Bruce's heart was buried in Dunfermline Abbey, while the remains of Sir James were conveyed to Douglas. To quote the words of Barbour (Lib. XX., 585) — " And the banys honourabilly In till the kirk of Duglas war Erdyt with dule and mechill car, Schyr Archibald sune gert syne Off alabastre baith fair and fine, Ordane a tumb sa rychly As it behowyt to swa worthy." 70 THE UPPEE WARD OF LANAPJvSHIRE. This monument still exists in the old church. It is a recum- bent figure, in a canopied recess on the north side and towards the west end of the chancel. It has been accurately described by Blore in his "Sepulchral Monuments." "The effigy is of dark stone, cross-legged. The right hand has been represented in the act of drawing the sword, the scabbard of which is held by the left. Owing, however, to the injury the figure has sus- tained, the right arm and hand are broken off and lost, from the shoulder downwards, as is the corresponding leg from the knee. The long, pointed shield which he bears on his left arm is without armorial bearings and much broken. The general style of the figure is rather rude, with the exception of the folds of the drapery of the surcoat. The armour is destitute of the slightest indication of chain work, and it is therefore probable that a different material was intended to be represented. The feet rest against the mutilated remains of an animal, pro- bably a lion. The arch within which the effigy is placed is of elegant design and excellent workmanship. The shield under the canopy of the arch contains the heart in addition to the armorial bearings of the family." He also observes, "we are aware that the general style of this effigy belongs to a period anterior to the death of Sir James Douglas," and then proceeds to adduce arguments to show that the monument must, never- theless, be assigned to him; and among these he refers to the cross-legged attitude, which he considers indicates Sir James as the only Crusader of the family. The idea that this position has any reference to the Crusades is now entirely exploded. Many examples are found where persons who could have had no connection with the Holy Wars are found represented in this attitude. It appears to indicate that the deceased held high judicial office, which Sir James certainly did, as in several of the Melrose Charters he is described as Justiciarius Laudonie (Lib. de Mel. passim). But it is difficult to conceive on what possible grounds Blore could conjecture the statue to be of a style anterior to the death of Sir James Douglas. The absence of any indication of chain armour, a fact which we have per- sonally verified, leads to a diametrically opposite conclusion, as THE PARISH OF DOUGLAS. 71 there can be no doubt that chain was not dis-used till a date considerably later than the interment of Sir James in 1331-2. This at first sight seems to raise a doubt whether the effigy should not rather be attributed to one of his successors ; but in reality there is no ground for any supposition of the kind. Barbour plainly tells us that it was not erected at the time of the interment but at a subsequent period. " Schyr Archibald sune gert syne." Now, it is clearly ascertained that the artists of the middle ages made no attempt to attain historic accuracy of costume ; that they never stopped to inquire what was the dress actually worn by the person on whose effigy they were engaged, but represented him in that of their own day. Thus Eobert Curthose appears on his monument in Gloucester Cathedral in a costume which was not introduced till at least fifty years after his decease. A curious and interesting question, however, suggests itself, viz., how long an interval intervened between the death of Sir James and the erection of his monu- ment? Barbour, as we have seen, mentions it as existing. In his Thirteenth Book he tells us that it was written in 1375, but the passage referred to occurs in the Twentieth, which probably was composed subsequently; independent of which, the four lines in which the monument is mentioned, are precisely of that character that they might have been tacked on to the rest of the text at a later period; and, indeed, have very much the appear- ance of having been added in this way — in which case the monu- ment may have been erected at any time anterior to the death of Barbour in 1396. He also informs us that it was executed by order of Sir Archibald Douglas, the illegitimate son of Sir James. This Sir Archibald, as we shall see afterwards, did not obtain possession of the lands and barony of Douglas until the year 1388; and it is by no means probable that he would undertake any works in the church there before his accession. We are therefore inclined to suppose that the monument was erected about 13S9-90 — a date which would also correspond with the architectural character of the arch above it, and that of the church. Under these circumstances, the effigy appears to indicate a difference between the costumes of Scotland and Eng- 72 THE UPPER WARD OF LANARKSHIRE. land in the latter half of the fourteenth century, as it presents us with the loose, flowing surcoat, which had in the latter country been superseded by the tight-fitting jupon. That such differ- ences in the costume of the two portions of the island did actually exist we have every reason to believe, but this subject, although one of great interest, has never been fully investigated. Sir James Douglas was succeeded by his brother VI. Hugh, whose name never appears in history, in con- sequence of which it has been conjectured that he laboured under some corporeal or mental defect {Douglas Peerage, I, 422). In 1336 Lord Stafford, while marching with his retainers to join King Edward at Bothwell, passed through Douglasdale and carried off a great booty {Lanercost Chron., 287, 88). In 1342 Hugh de Douglas resigned the barony of Douglas in favour of William, the son of his younger brother Archibald {Robert- son's Index, 55, 18). This Archibald had grants from Eobert the Bruce of various lands in Buchan and Dumfriesshire; and on the death of that King manfully supported the rights of his infant successor. In 1332 he and Patrick of Dunbar besieged the town of Perth, but having the worst in a naval engagement, they were forced to retreat {Hemingford, II, 305). On the night of the 16th December in the same year, he, along with John, Earl of Moray, surprised John Baliol at Annan, when the latter with great difficulty escaped to England, where he was honourably enter- tained by Lord Clifford, and in grateful acknowledgment of his hospitable reception, promised that if his affairs should take a favourable turn, and he should return to his kingdom, he would grant to Lord Clifford the lands of Douglas, which Edward I. had formerly given to the grandfather of the said lord {Laner- cost Chron., 271). In March, 1333, Archibald de Douglas laid waste the district of GiLsland in Cumberland, to the ex- tent of twelve leagues in length by six in breadth {Heming- ford, II, 307). Sir Andrew Moray of Bothwell having been shortly afterwards taken prisoner, he was appointed Regent of the kingdom, but did not hold the office long, having been mortally wounded on the 19th of July at the battle THE PARISH OP DOUGLAS. 73 of Halidon Hill. He had two sons, John, who died early beyond seas, and VII. William, the first Earl of Douglas, who was educated in France. On the 28th of May, 1332, his uncle Hugh resigned in his favour all the lands which the good Sir James had held, and this was confirmed by David II. (Godscroft, I., 147). In 1348 he expelled the English from Douglasdale, and then went to Edinburgh, where he joined Sir David Lindsay. After some time he succeeded Sir David as governor of the castle. " Dan qwhat throuv mycht of the Burgis, And the custwmes that tyme that wes, In his hand he worthyd mychty, And gat him a gret company." With this force he took possession of Ettrick Eorest, and drove Sir John Copland, governor of Roxburgh, out of Teviot- dale, which latter district he held for a considerable period ( Wyntown, VIII., 41). In 1353 he waylaid and assassinated his relative and godfather, Sir William Douglas of Liddisdale, "The Flower of Chivalry," while hunting in Ettrick Forest. For this crime he appears to have endeavoured to make the usual mediaeval atonement, as he granted certain lands to the Abbey of Melrose for the soid's weal "of Sir William Douglas of Liddisdale, whose body is interred in the church of the said monastery, in front of the altar of the blessed St Bride " (Lib. de Mel., 463, 490). He subsequently made what we would now consider more appropriate reparation, by resigning to Mary de Douglas, the daughter and heir of the deceased William Douglas, all the lands to which he was entitled in the barony of Dalkeith (Reg. Mag. Sig., 65, 214). While part of the English army was passing by the borders of Ettrick Forest, about Candlemas, 1356, Sir William Douglas attacked them and slew great numbers. In April of the same year he concluded a truce with the warden of the English marches, to continue till Michaelmas, in order that he might go a pilgrimage. While passing through France he offered his assistance to King John, and was present at the battle of Poictiers, where he was wounded, and forced off VOL. II. K 74 THE UPPEE WAED OF LANARKSHIRE. the field by his surviving companions. In 1355 Sir William de Douglas, on the advance of King Edward into Scotland, pre- sented himself, as the Commissioner of Scotland, in the camp of that monarch at Roxburgh, and by his diplomatic skill obtained a truce for ten days, at the end of which period he did not again appear, and was thus the chief cause of the failure of that expedition which is still remembered in Scotland as the "Burnt Candlemas " (Tyiler, II, 107, et seq). He appears as Sir William Douglas, Knight, (miles), in the roll of the barons present in the Parliament held at Edinburgh on the 26th of September, 1357, which undertook, on the part of the nation, the obligation of paying King David's ransom; and in the indenture drawn up at Berwick on the 3d of October following, he is named, under the title of Seigneur de Douglas, one of the eight great lords, three of whom were to remain in the hands of the English till the stipulations of the treaty were fulfilled (Act Pari., I., 156, 158). Before the close of the same year Sir William was created Earl of Douglas (Robertsons Index, 51, 42). In the treaty concluded between King David and King Edward at Westminster, on the 27th of November, 1363, a provision was inserted "that the Comte de Douglas should have possession and heritable estate of the lands and rents in England of which his father and his uncle had estate and possession, or of which there are charters or evidences according to the tenure of the same, or lands of the same value in a fitting place" (Act Pari, I, 135). Earl William was one of the barons who, in 1365, attested by their seals the determination of Parliament that there should be no grants of wards, reliefs, marriages, fines, or escheats, till the ransom of the King was paid (Ibid, I, 138). In the Parliament held at Perth on the 18th February, 1369, he was represented by his brother-in-law, Sir Duncan Waleys of Sum- drum, who appeared as Ins proxy, " Unus actoritornm commitis de Dour/las," and what seems singular, was, as such, appointed a member of a committee on the secret affairs of the kingdom, and of another on the courts of justice (Ibid, I, 149, 173). Earl William obtained a grant from David II. of the office of Sheriff of Lanarkshire (Douglas Peerage, I, 424; Robertson's Index, THE PARISH OF DOUGLAS. 75 63). On the death of David II. in February, 1370-1, he was at first inclined to dispute the accession of Eobert Stewart to the Crown, in spite of the solemn Act, fixing the order of suc- cession, which had been agreed to in the Parliament of Eobert the Bruce, held in the year 1318. The reason of his opposition is not very clear. It has been asserted that he claimed the Crown, as combining in his person the title of both the Comyn and Baliol families ; but it is more probable that his discontent arose from some personal offence. At all events, being at Linlithgow at the time of King David's death, he publicly proclaimed his intention of questioning the title of the steward to the throne; in consequence of which, Sir Robert Erskine and the Earls of March and Moray hurried to that place at the head of a large force, and entered into a conference with him ; after which he declared himself satisfied. It was, however, deemed expe- dient to conciliate so influential a person as the head of the House of Douglas; and, in consequence, it was arranged that the son of the earl should be married to a daughter of the King, and a dispensation for this union was obtained from Rome (Wyntoivn, XL, 1). There appears, however, to be considerable doubt as to which of King Robert's daughters was the bride of the young James of Douglas. In A. Stewart's history of his family, it is stated that it was Margaret, the eldest daughter of King Robert; while Goclscroft asserts that it was JEupham, for whom he claims the position of the eldest lawful daughter; but there can be no doubt that both these authorities are mis- taken, and that Isabella was the lady's name; as in the cham- berlain's accounts for the year (1371) hi which the contract was arranged, we find this entry: "Payment of £500 to William, Earl of Duglas, in terms of the marriage between his son and Isabella, the king's daughter" (Chamber Rolls, II., 26; see also Lib. de Gal, 408, 516). The Earl was present at the coronation of Robert II., and took the oaths of homage and fealty. He was also present in the Parliament held at Scone on the 4th of April, 1373, when an Act regulating the succession of the Crown was agreed to (Act Pari., L, 181, 182, 185). He commanded the Scottish troops that defeated Musgrave, the governor of Berwick, 76 THE UPPEE WAED OF LANARKSHIKE. near Melrose, in 1378; and in 1380 was general of the army which, piercing through Cumberland and Westmoreland, carried off 40,000 domestic animals from the forest of Inglewood, and burned the town of Penrith on their return (Pinkerton, I, 19, 20). He was one of the Scottish Commissioners who, in the same year, arranged at Berwick a truce with John of Gaunt (Foed., VII., 812). In 1384 he was able to bring into the Scottish allegiance the district of Teviotdale, which had been in the pos- session of the English since the battle of Durham in 1316, with the exception of the period of his occupation of it noticed above. The confirmation of their rights and lands which he had granted to the inhabitants was ratified by Parliament in 1385 (Act Pari, I, 189), but before this could be done the patriotic career of the Earl had been closed by his death in the autumn of 1381. William de Duglas married, first, Margaret, sister and heiress of Thomas, thirteenth Earl of Marr, and in her right, on the death of her brother, in 1377, he assumed the title of Earl of Marr. He appears with this designation in a Eoyal charter of the year 1382 (Act Pari, I, 200). The issue of this marriage was a son, James, who succeeded his father. He, secondly, late in life, about the year 137S, espoused Margaret Stewart, sister and heiress of Thomas, third Earl of Angus, and widow of his brother-in-law, the Earl of Marr, and by her left a son, George, who, in right of his mother, became Earl of Angus (Douglas Peerage, I, 421). VII. James, second Earl of Douglas and Marr. In 1371 he married Isabella, daughter of Robert II., who survived him, and on his death in 1388 obtained from her father a precept to the baillie of Selkirk to infeft her in the tierce of all lands belonging to her husband in his bailliewick (Lib. de Cal, 408, 516). He appears to have taken an active part in public affairs in the lifetime of his father. In August, 1372, he had a safe- conduct into England; and in 1375 a licence to purchase 100 quarters of wheat (fmimenti) and 100 quarters of malt (brasei), in the counties of Lincoln and Norfolk, and to convey the same into Scotland; while in the spring of 1376 he had another THE PARISH OF DOUGLAS. 77 safe-conduct into England (Foed., VI, 746; VII., 58, 100). In Pinkerton and some other historians it is stated that he was knighted by his father in 1378, on the eve :of the battle of Melrose, but this is completely disproved by the fact that, in these safe-conducts and licences, he is described as a " Chevalier de Scotia." On the loth of May, 1380, he obtained from Robert II. a grant "to our beloved son, Sir James Duglas of Lydalisdale, son of William, Earl of Duglas and Marr," of an annuity of 200 merks out of the great customs and King's rents of Haddington, until he should be infeft by the King in 200 marks of land in a competent place (Reg. Mag. Sig., 144, 91). In the following year he and Lord Lindesay had a safe-conduct to go into England with eighty horse (Foed., VII, 328). He succeeded to his father before the 21st September, 1384, on which day he, as Earl of Duglas and Marr, attested a Royal charter (Reg. Hag. Sig., 169, 2). In the following year, when John de Vienne, admiral of France, brought over 40,000 francs to distribute among the principal men of Scotland, the Earl of Duglas had 7,300 livres tournois allotted to him (Foed., VII, 485). The chivalric death of this Earl, in the arms of victory at Otterburn, on the evening of 15th August, 1388, is an event too well known to require any further notice, and such it will remain so long as British taste can admire, and far be the day when it cannot, the simple lay of "Chevy Chase," and the even still more pathetic ballad in which a Scotch minstrel has preserved the incidents of the battle. He died without issue, in conse- quence of which the Earldom of Marr went to his sister Isabel, and was never again united with that of Douglas. His legal heir in the latter title and barony was undoubtedly his half- brother George, then a child under ten years of age. He was, however, succeeded in the family estates and honours by VIII. Archibald, de Douglas, surnamed the Grim, Lord of Galloway, an illegitimate son of the good Sir James. This undoubtedly was the result of some family arrangement. The authors of the Douglas Peerage (Vol. I., 426) are of opinion that this was made in the time of Earl William, before the birth of his younger son; but we are inclined to think, in absence of any 78 THE UPPER WARD OF LANARKSHIRE. positive evidence in the matter, that this anomalous succession was brought about by a deed executed by Earl James, who naturally had no great affection for his younger brother, and who would certainly much rather see the fortunes of his illustrious house committed to the hands of one who had been the companion in arms of his father and himself, even although illegitimate — a point not much insisted upon in these unsettled times — than to those of an infant whom he naturally supposed would be under the control of its mother's relations. The arrangement, whatever it may have been, was not at once recognised by the King or the Parliament, as on the 11th of December, 1388, the Estates of the realm issued a decreet that the lands and castle of North Berwic, notwithstanding any objection on the part of the Earl of Eyffe, should be held by the heirs of the late Earl of Douglas, without specifying who these heirs were (Act Pari, I., 192). A settlement was, however, effected in the following spring. On the 7th of April, 1389, Archibald de Douglas, Lord of Galloway, had confirmed in Parliament a Royal charter granting him the whole lands of the valley of Douglas, the forest of Selkirk, and the valleys of the Lauder and the Esk, etc.; while George de Douglas had ratified a charter to him of the county of Angus and the lordship of Abernethy (Act Pari, I., 193, 201). We are well aware that Godscroft and other writers have denied, in no measured terms, that this Lord Archibald was the son of good Lord James; but, independent of the pedigree given by Godscroft of the earlier Lords of Douglas being in many respects erroneous, which would alone be sufficient to deprive his work of any authority except where he relies on documen- tary evidence, the fact is proved, not only by a statement in the continuation of Eordun (//., 357), but by a charter granted by Lord Archibald, confirmed by the King, on the 2d of June, 1372, whereby he conveyed certain lands to the hospital and chapel founded by Edward Bruce in connection with the Abbey of Holyrood; these lands being bestowed, inter alia, for the soul's weal of our father, Lord James, Lord of Douglas. "Et clarcc memoriae Domini progenitoris nostri, Domini Jacobi, THE PARISH OF DOUGLAS. 79 Domini de Buglas." (Reg. Mag. Sig., 106, 56). This deed, moreover, identifies him as the Schyr Archibald, son of Sir James, who erected a monument to his father in the kirk of Douglas. While still a youth he accompanied Earl William to France, and was taken prisoner at Poictiers, but managed to make his escape (For dun, II., 358). Between the 10th of November, 1357, and 16th October, 1365, he held numerous safe-conducts for visiting and traversing England (Foed., VI., 69, 76, 113, 127, 478). In 136-4 he was entrusted with the office of keeper of the important castle of Edinburgh (Chamber Rolls, I., 411). In August, 1368, he obtained half the barony of Culter (see Cidter), and in the following month King David bestowed on him the princely gift " of all our lands in Galloway between the Cree and the Nith, as they were held by our dearest uncle, Edward de Bruys, of blessed (bonce) memory," stating, at the same time, that it was in reward of his diligent labour in our service. "Fro suo diligento labore et grato servicio nobis efficaciter et affectuose impensis." (Reg. Mag. Sig., 68, 233). He was one of the embassy which, on the 30th of June, 1371, concluded at Vincennes a treaty with Charles V. of France, and received for his expenses the large sum of i?521 6s 8d (Act Pari, I., 195; Chamber Rolls, II., 3). In the following year he purchased from Thomas Fleming, Earl of Wigton, that portion of Galloway which forms the county of Wigton (see Biggar). By those who advocate the principle that peerages by tenure can be transferred by sale, it is contended that this tran- saction invested Sir Archibald, not only with the lands of the county of Wigton, but also with the earldom or countship. The facts of the case hardly, however, support their views. The title of Comes was higher than that of Dominus. If, then, Sir Archibald was entitled to the former, how came it that he contented himself with the latter, by which alone he is desig- nated among the witnesses to a Royal charter granted in 1385? (Act Pari, I., 216). Indeed, the title of Earl of Wigton was never used either by Sir Archibald or by his son and successor; his grandson being the first of the House of Douglas to whom it was applied, which renders it probable that the title was 80 THE UPPEE WARD OF LANARKSHIRE. revived, long after the above purchase, by a new grant, which has been subsequently lost. Sir Archibald was present at the coronation of Eobert II., and attended the Parliament of 1373, when the Act regulating the succession of the Crown was passed (Act Pari, I., 181, 2, 5). He was present at the defeat of the English, under Sir Thomas Musgrave, already alluded to. His conduct and courage upon that occasion are described by Froissart with his usual graphic powers: "Archibald Douglas, a worthy knight, and much dreaded by his enemies, dismounted and held up before him a long sword; its blade was of two ells, scarcely another man could raise it from the ground, yet he wielded it with ease. He dealt such heavy blows with it that wherever he reached he overthrew. Before him the hardiest of the English army shrunk" (Vol. II, 57). He was one of the Commissioners for Scotland in the negotiations that were car- ried on with John of Gaunt in 1380; and when, in the fol- lowing year, that Prince, being suspected of encouraging Wat Tyler's insurrection, took refuge in Scotland, he was one of the nobles who accompanied him with a brilliant retinue to Had- dington, and afterwards to Holyrood, which was fitted up for his reception (Tytler's Hist, III., 22, 23). In February, 1381, he besieged the castle of Lochmaben, which he took and levelled with the ground (Fordun, 11., 397). On the 5th of the follow- ing month an indenture was made between Sir Henry Percy, Earl of Northumberland, for himself and Lord Nevill, and Sir Archibald Douglas, Lord of Galloway, for himself and the Earl of Douglas, for a special truce on the west march of the king- doms until the 1st of July thereafter (Act Pari., I., 319). In 1385 he received 5,500 livres tournois out of the money brought by John de Vienne from France — a sum which would be equivalent to =£22,000 of our present currency (Foecl, VII., 481). In 1388 he came into the possession of the barony and earldom of Douglas, as already mentioned. He was not present at the battle of Otterburn, having been attached to the main body of the Scotch army which, under the Earl of Fyffe, after- wards Duke of Albany, advanced to Carlisle (Tytler's Hist, III., 51). On the marriage of his son to Margaret, eldest THE PARISH OF DOUGLAS. 81 daughter of Eobert III., in 1390, he executed a deed of tailzie conveying, inter alia, to them and their issue the barony of Douglas {Robertson's Index, 142, 71). On the 16th of July in the same year he was appointed one of the conservators of a truce with England (Foed., VII., 683). In 1393 Richard II. sent Lords Nevill and Stanley to endeavour to obtain his assistance and services (Ibid, 755); and in the following year he was appointed one of the commissioners who were empowered to conclude a treaty with England (Ibid, 788). When Robert III., in 1396, introduced the title of Duke into the Scottish peerage, he, according to Godscroft, offered to raise the Earl of Douglas to that rank, who, however, refused it, as a novelty and an empty title not worthy of accepting, seeing it was neither bestowed for merit nor service clone, nor had any real advantage in it, save an airy show of appearing honour, to please the humour of ambitious minds, of which he was none (Vol. I., 208). In 1398 the Earl of Douglas, as warden of the western marches, gave security that the truce with England should be observed (Foed., VIII, 58). In the same year the King, in consequence of the feeble state of his health, appointed, with the sanction of the Parliament, his eldest son, the Duke of Rothesay, lieutenant of the kingdom for the space of three years, on the condition that he should be guided by the advice of a council, of which the Earl was one of the members (Act Pari, I., 210, 211). The honour, power, and influence to be gained by uniting a lady of their family in marriage with this young prince was much coveted by the leading nobles of Scotland. He was first con- tracted to a daughter of the Earl of March; but the Earl of Douglas succeeded in having this arrangement put aside, on the ground that it had not been sanctioned by the Estates of the realm, and obtaining the hand of the heir-apparent for his own daughter Marjory. The nuptials were celebrated at the church of Both well in February, 1400; but, as Godscroft quaintly observes, "with greater haste than good speed or any comfort to either party that we hear of" (Vol. L, p. 209). In the same year the Earl assisted his son-in-law in defending the castle of Edinburgh against an English army led by Henry IV. in person VOL. II. L 82 THE UPPER WARD OF LANARKSHIRE. {Douglas Peerage, I., 426). He and Trail, Bishop of St Andrews, united their influence with that of the Queen, Anna- bella, to restrain the wild excesses of the Duke of Rothesay, to soothe the irritated feelings of the King, whose age and infirmity had thrown him into complete retirement, and to counteract the ambitious schemes of the Duke of Albany. Unfortunately, all these three eminent persons died within a short time of each other about the close of this year; when, according to Fordun, it was commonly said in the land that the glory and the honesty of Scotland were buried with them {TyUers Hist., III., 119). ' The Earl married Johanna, daughter and heiress of Thomas de Moravia, Pannetarius Scotioe and Lord of Bothwell, which barony he acquired in her right. During his embassy to France in 1371, Robert II. bestowed on him any feudal casuality which might arise on her death if she predeceased him without issue {Reg. Mag. Sig., 87, 305). Many authorities have contended that it was in consequence of this alliance that the Douglases assumed the silver stars, their earlier bearings being argent, a chef azure, in this- •differing from Wyntown. As, however, he lived at this period, we can hardly suppose that he could have been ignorant of any such assumption, if it really occurred. The monument of the good Lord James would, if perfect, have set this question at rest, but, unfortunately, the escutcheon on the arched canopy is so defaced that no conclusion can be drawn from it. By his marriage the Earl had two sons, Archibald and James, and an only daughter, Marjory, espoused, as already mentioned, to the Duke of Rothesay. He had also an illegitimate son, Sir William de Douglas, a most renowned warrior, the Bayard of his age, who obtained the hand of Egidia, the youngest daughter of Robert II., said to be the most beautiful woman of the time. His chivalric exploits in Ireland and elsewhere fall beyond the line within which we are compelled to confine ourselves. We may, however, mention that his wife, Egidia, had from her father a grant "of the custom of fifty sacks of wool, de cresencia terre de Galvidie, vel de Nith et Annandale, vel de Douglas- dale" {Chamber Bolls, II., 619). THE PAKISH OF DOUGLAS. 83 IX. Archibald, fourth Earl of Douglas, surnamed Tyne-man, from the coutiiiual ill success that, in spite of his personal valour, attended him in all his battles; which is to be attributed partially to his want of strategetical knowledge, and partially to his arrogance, which led him to neglect the most salutary advice, and prevented his allies from acting cordially in concert with him. In 1390 he espoused, as already stated, Margaret, the eldest daughter of Robert III. In 1398 he broke down the bridge at Roxburgh, plundered the town, and ravaged the adjacent lands (Pinkertons Hist, I., 53). In 1101 the Earl of March and Henry Percy having invaded Scotland and encamped at Preston, he advanced against them, when they made a pre- cipitate retreat, and were pursued to the gates of Berwick, where the lance and penon of Thomas Talbot were taken. Departing from the wise policy of his father, he lent himself to the ambitious plans of the Duke of Albany. Acting under an order obtained from the infirm King by false representations, these confederates arrested the Duke of Rothesay at St Andrews, where Albany and Douglas appeared on a tempestuous day, and dismissing the servants of the Prince, compelled him to mount a sorry horse, threw a coarse cloak over his splendid dress, and hurrying on, rudely and without ceremony, to Falkland, thrust him into a dungeon (Tytler, III, 123). In this dungeon the unhappy heir-apparent was undoubtedly starved to death; and there can be no doubt that this was at least connived at by his uncle Albany and his brother-in-law Douglas. It is indeed true that they were both acquitted of this crime by Parliament in the year 1102; but the pains which were taken to record this exculpation (Act Pari., I., 220), convey to our minds only the stronger conviction of their accession to, and knowledge of the crime. Indeed, this is always the case with similar declarations, as the truth contained in the French proverb, "Qui s' excuse s' accuse," is decisive of every question of the kind. The infer- ence in the case before us is, moreover, rendered stronger by the fact that the Earl of Douglas obtained possession of the immense estates which had belonged to the Earl of March before he joined the English, in resentment of the treatment to which his 84 THE UPPER WARD OF LANARKSHIRE. daughter had been subjected. In 1402 the Earl of Douglas invaded England at the head of a large army. On his return he was intercepted by the English forces, under Sir Henry Percy, better known as Hotspur, at Homildon, where, owing to his utter want of military genius, he sustained a total defeat, and was made prisoner. Henry IV. was highly gratified with this victory, and in acknowledgment of it he bestowed on the Earl of Northumberland the barony of Douglas, and all the other lands belonging to that family (Rot. Scot., II., 163). This grant was, however, accompanied by an order directed to the Earl and his son, commanding them, for certain urgent causes, not to admit to ransom any of their Scottish prisoners, of whatever rank or station, or to suffer them to be at liberty under any parole or pretext, until they should receive further instructions (Foecl, VIII., 278). This order, which was clearly inconsistent with the then recognised rights of a knight in refer- ence to his prisoners, precipitated the rebellion of the Percies. In this insurrection they were aided by the Earl of Douglas, whose personal gallantry was conspicuously shown in the battle of Shrewsbury, where he struck down more than one knight who was attired in semblance of the King, and nearly captured, with his own hand, the Royal banner. The death of Hotspur by a chance arrow, however, threw his adherents into confusion, and the battle terminated by the defeat of the insurgents, leaving the Earl of Douglas wounded and a prisoner. He remained in his English prison for several years, but in the meantime continued to draw his Scottish revenues, as we find that in 1405 he received, as keeper of the castle of Edinburgh for life, his yearly salary, 200 merks from the customs of that town (Chamber Rolls, II, 619). In 1408 the mortal feud between the Earls of March and Douglas was arranged, the latter resigning all the immense possessions of the former, with the exception of Annandale and the castle of Lochmaben. In the same year the Earl of Douglas was liberated on the payment of a thousand merks, and the delivery of thirteen persons of high rank and consideration as hostages for his return. About this time he freighted a vessel, with one or two super-cargoes and twenty mariners, to trade in THE PARISH OF DOUGLAS. 8-5 Normandy and at Rochelle (Tytler's Hist, III., 238). In the following year a violent remonstrance was addressed by the English monarch to the Duke of Albany, then Regent of Scot- land, complaining of the delay of the Earl of Douglas to fulfil his knightly word, by which he had solemnly engaged to return to his captivity, and threatening to use his hostages according to the laws of war, and to pursue the Earl himself as a perjured rebel, if within a month he did not re-enter his person in ward. The Earl had in truth delayed his return a year beyond the stipulated period, but matters were amicably arranged, and he obtained his permanent liberty by the payment of a large ransom {Tytler's Hist, III., 163, 167). Pinkerton tells us that in the year 14-11 "the Earl of Douglas, finding no enrploy- ment for his martial spirit in his own country, resolved to bear a part in the French deeds of arms. Thrice, says a monastic historian, he was repelled by contrary winds, till, by the advice of the Earl of Orkney, his companion in the voyage, he visited the Isle of St Colin, in the Firth of Forth, and addressed his siqmlications to the tutelary saint, Columba. Then he sailed to Flanders, and by the saint's assistance soon returned" (Vol. I., 91). In 1115 he invaded England and burned Penrith (Ibid, I., 96), and in 1417 commanded the portion of the Scotch army destined for the siege of Roxburgh (Ibid, I., 97). In 1414 he was, as Sheriff of Teviotdale, witness to the collation of a rector of Terbolton. The instrument attesting this transaction is dated at Bothwell, and bears that it was drawn out by the secretary to Archibald, Earl of Douglas and Lord of Galloway (Lib. de Mel- rose, 510, 518). Archibald, Earl of Douglas, Lord of Galloway and Annandale, was, in 1 416, chosen arbiter in a dispute between the Abbey of Melrose and Hay of Bemerside. He adjourned the consideration of the matter, " cause of hie and grete besines that we had upon hand to do in severall contreis in the tyme of the rising of this discorde," and adds that the Abbot had, at his request, removed his "plowis till Fasternis Evin next." In 1418 he let the Abbot, in "borch/' the lands in dispute, which "we recunysit in our lands upon certain cause." The matter was finally settled by his son and successor, with the aid of an 86 THE UPPEK WAED OF LANARKSHIEE. assize, in the year 1425 {Lib. de Melrose, 539, 540-540, 541- 544, 545). In 1420 he entered England with a considerable force, took the town of Alnwick and burned it to the ground. In the following year he, by invitation, met Henry V. at York, and was induced to enter into an agreement to serve that King with 200 horse and as many foot on the payment of £200 a-year (Pinkerton, I., 100). It is certainly difficult to conceive what were the Earl's motives — low as we have every reason to estimate his sense of moral rectitude — for agreeing to this dis- honourable and treasonable engagement. The death of King Henry in 1421, however, prevented any overt acts following upon it. Charles VII. of France, wishing to have the personal aid of so renowned a warrior as the Earl of Douglas, despatched the Earl of Buchan, Constable of France, and the Earl of Wigton, the first the son-in-law, and the other the son and heir-apparent of Douglas, to offer him the Duchy of Touraine and solicit his assistance. In consequence of this embassy, Douglas engaged in the French service, and signed an instrument at Glasgow on the 26th of October by which he swore to observe the ancient alliances between France and Scotland, and to be ready to depart for France on the 6th of December following, with a body of troops (Douglas Peerage, I., 427). The Earl of Wigton being ill, was unable to accompany his father, who, before sail- ing, addressed to him an exhortation to defend the rights and possessions of the Abbey of Melrose {Lib. de Melrose, 495, 501). Douglas arrived in France in the spring of 1424, and on the 19th of April had a gift of the Duchy of Touraine with remainder to the heirs male of his body, and also the appoint- ment of Lieutenant-General of the French forces, for which he did homage to Charles VII. at Bourges on the same day (Douglas Peerage). In the month of August the English army, under the Duke of Bedford, laid siege to Ivry, and Douglas, hastening to relieve it, captured the town of Verneuil, where- upon Bedford, abandoning the investment of Ivry, advanced to meet the French and their Scottish allies. On reaching their vicinity he sent a herald to Douglas, who had in derision called him "John with the Leaden Sword," to say that he would come THE PARISH OF DOUGLAS. 87 aud dine with him, to which Douglas replied "that he should be most welcome, as all was ready." It was nevertheless evident that to give battle to the English at that time would be the height of imprudence, as in consequence of their inability to procure provisions they must soon have retired, while the French were well supplied. These considerations inclined Douglas to overlook the bravado; but the Viscount of Narbonne, who com- manded the French portion of the army, and whose natural feel- ing of irritation at being placed under the orders of a foreigner Douglas had taken no pains to soothe, declared that the nobility of France could not, without dishonour, decline such a challenge, adding that if no one else would fight he should do so alone; and hastily leaving the council of war began to set his men in order. Feeling that he might be exposed to the imputation of deserting his allies, the Duke of Touraine reluctantly abandoned his prudent resolution, and gave the orders to prepare for action. To make matters worse, the jealousy as to the post of honour in the van, which has occasioned the loss of so many battles, broke out in its full intensity, and the French and Scotch hurried rashly forward before their ranks were fully formed, each striv- ing to be before the other, the consequence of which was, that they sustained a disastrous defeat, in which the Douglas and his son-in-law, the Earl of Buchan, were slain. The Duke was buried in the church of St Gratian at Tours (Godscroft, I., 238; Piiikertori s Hist., I., 106). By his wife, Margaret Stewart, who survived him, and had, on 3d of May, 14-26, a charter of the life-rent of the lordship of Galloway {Reg. Mag. Sig., II, 52), the Duke left a son, who succeeded him, and several daughters. X. Archibald, second Duke of Touraine, and fifth Earl of Douglas, had, during his father's life-time, the title of Earl of Wigton. He accompanied his brother-in-law, the Earl of Buchan, and the Scottish auxiliaries to France in 1-120, and distinguished himself at the battle of Bauge in the following year. He returned to Scotland in 1422 to solicit the aid of his father, but could not accompany him abroad on account of the state of his health. In 1424 he was one of the ambassadors 88 THE UPPER WARD OF LANARKSHIRE. sent to England to adjust the ransom of James L, with whom he returned to Scotland. He was one of the great lords arrested along with the Duke of Albany on the 12th of March, 1424-5, but was liberated after a short interval, and was one of the assize who, on the 26th of May, convicted that nobleman of high treason (PinJcerton, I., 113). In 1425 the King celebrated the anniversary of his birth at St Andrews, where he was attended by the Duke of Touraine and other nobles. In 1431 the Duke was again imprisoned, but the cause of the arrest has not been recorded; he was, how- ever, liberated at the request of the Queen, nobles, and prelates assembled in a Parliament held at Perth in the September of the same year (Ibid, 116, 125). On the death of King James in 1437, he was elected one of the council of Kegency; and in 1438 was made Lieutenant-General of the kingdom, in virtue of which office he summoned the Parliament held at Edinburgh in the November of the same year (Act Pari., II., 31, 53). He died of fever in the following year, and was interred in the church of Douglas, where his monument still exists. It is situated on the north side of the chancel, between the altar and the tomb of the good Sir James, which it resembles in character, being a recumbent effigy within a canopied niche or recess. There is a good engraving of it in Pennant's Tour (Edit, 1772, Vol. II., p. 132). The figure is attired in a long and flowing robe, girt with a remarkable broad and massive studded belt, and has a ducal coronet on the head. This costume, like that of Sir James, seems to indicate that the fashion of dress in Scotland was not identical with that worn at the same time in England; but, as we have already remarked, this is a subject which deserves much further investigation. There is also an esctucheon of the arms of the Duke, quarterly, 1st, Touraine; 2d, Douglas; 3d, Galloway; 4th, Annandale; with an inscription, which Godscroft gives as follows: "Hie jacet Archibaldus de Douglas, Dux Tourenice, Comes de Douglas, et Longueville Dominus Gallovidai, Wigtoniw, et Annandice, locum tenens Regis Scotia. Obiit,, 26 di mensis Junii, anno domini, millesimo quadringentesimo tricesimo octavo." It is THE PARISH OF DOUGLAS. 89 evident that there is here an error of a year in the date of the death, as the records quoted above show that the Duke held a Parliament in November, 1438, a fact of which Godscroft was ignorant. The date on the monument is now illegible, but this was most probably not the case when he wrote in 1644. We can hardly, therefore, suppose that he read it erroneously. It is not, however, uncommon to find such mistakes on tombs, in consequence of the workmen misunderstanding their instruc- tions. He left two sons, William and David, and a daughter, Mar- garet, generally styled the " Fair Maid of Galloway." XI. William, third Duke of Touraine, and sixth Earl of Douglas, was knighted in 1430, on the occasion of the christen- ing of James II. (Fordun, II., 490). At the time when his father's death elevated him to the perilous position of head of his great house he was only in Ms sixteenth year. As was not uncommon in these times, he at once took a part in public affairs, and attended a Parliament held at Stirling on the 14th of September, 1439, in which was recorded an appoyntement or indenture between Johane, by the grace of God, Queen of Scot- land, on the one part, and Sir Alexander of Levingston on the other, whereby it was provided that Sir Alexander should have the custody of the young King, which was attested by the seals of the prelates and nobles then present, and among others by "the signet of a hye and michti lord, William, Earl of Douglas, havand the force and effect of his seele, the seele of a noble lord, Sir Alexander, Lord of Gordon, procurit by the Lord of Grichton, Chancellor of Scotland, in the absence of his own seele, and for the said Lord of Gordon for himself" {Act Pari, II., 54). Unfortunately, Earl William combined with the inexperience of youth a disposition peculiarly impetuous and haughty. He never moved without an escort of a thousand men at arms, and maintained a household exceeding in magnifi- cence that of the Crown. Disappointed in not receiving his father's office of Lieutenant-General of the kingdom, he with- drew himself from public affairs; and, emboldened by the possession of the Duchy of Touraine to regard himself as a VOL. it. M 90 THE UPPER WARD OF LANARKSHIRE. foreign prince, he ignored the powers of Levingston and Crichton, whom he considered roturiers and parvenus. A Parliament having been summoned by them in the King's name, he did not attend it, although bound to do so by his feudal obligations. This refusal led these able but un- scrupulous statesmen to surround him with spies, who made a careful note of every unguarded word, and especially of any chance expression reflecting on the legitimacy of Eobert III., which was at that period a fertile subject of dispute. Having obtained by this means evidence sufficient in their opinion to compromise the Earl, they paid him the most flattering adulation, and at last induced him to return to Court. On his way to Edinburgh he was sumptuously entertained by the Chancellor at his castle of Crichton (Auct. Scot. Chron. apud For dun, IV., 518). They thence proceeded to Edinburgh, where we are told that the Earl gained the esteem of his youthful sovereign, then in his tenth year. A sumptuous banquet was served, at which the Earl, his brother David, and Sir Malcolm Fleming of Biggar, were suddenly arrested. The young King clung round Crichton, and pleaded earnestly, and even to tears, for his new friends, but the Chancellor refused to listen, and sharply commanded him to cease his intercession for traitors who had menaced his throne. A hurried form of trial having been gone through, the prisoners were, on the 14th of November, 1440, condemned, and at once executed in the court yard of the castle. By the death of Earl William and his brother, the title of Duke of Touraine, limited in terms of its tenure to the heirs male of the body of the first Duke, became extinct, the Duchy reverting to the French Crown, while the lordships of Galloway and Annandale went to their sister Margaret, the Fair Maid of Galloway; and the title of Earl of Douglas, and the older estates of the family, passed to their granduncle — XII. James, the seventh Earl, who was a younger son of Earl Archibald the Grim (Reg. Mag. Sig., II., 47). In his youth he had the style of Douglas of Balveny, but in 1437 was created Earl of Avendale (Ibid, III., 178). He served as one of the jury on the trial of Murdoch, Duke of Albany, in 1425 THE PARISH OF DOUGLAS. 91 (Fordun, II., 483). He is described in the Douglas Peerage as "a prudent and peaceable man;" while Godscroft states that he "was called Le Gros, because he was a corpulent man of body" (I., 290); and Pennant (II, 132) observes "that he was a peaceful chieftain who seems to have been in too good case to give disturbance to the commonwealth." This was certainly not his character as a young man, when he showed himself to be as active and turbulent as any of his proud house, and as much inclined as any of them to engage in what the Danish historians still graphically describe as an upror — a remarkable instance of which was his attack upon and slaughter of Sir David Fleming, on the return of the latter from escorting James I., when a boy, to the castle of the Bass (see Biggar). His singular supineness in failing to resent the death of his young relatives, coupled with the apparently strict bonds of intimacy in which he united him- self with their destroyers, have appeared to many historians to be inexplicable either by the prudence produced by age and experience, or by the physical burden of obesity, and have led them to conjecture that the trial and execution of the Duke of Touraine and his brother were undertaken with his consent and connivance, if not more active assistance, with the view of opening the succession to his large family of ambitious sons. The conduct of the Earl can, however, be explained without imputing to him the guilt of so odious and treacherous a crime. The power of the house of Douglas was most materially dimi- nished by the loss of the Duchy of Touraine, and the separation of the lands of Galloway and Wigton from the Earldom. Under these circumstances, it was a most important question for the Earl to consider whether, with his reduced resources, he was a match for the power of Crichton. If he felt that he was not, it was evident that any attempt to enter into a contest, or indeed to give occasion for the commencement of such a struggle by a show of irritation, could only result in his own destruction. His natural course in so unfavourable a position was to dis- semble his feelings, postpone his hopes of revenge, and in the meantime address himself to increasing and reconsolidating the strength and resources of his family. What renders this 92 THE UPPER WARD OF LANARKSHIRE. explanation more probable is the fact that, although from the Earl having died in 1443 this line of policy had not time to develop itself during his life, it was that adopted and unceas- ingly pursued by his son and successor. Earl James was buried at Douglas. There is, on the south side of the chancel of the old church, to the west of the priest's door, a monument to him and his wife, consisting of their effigies in recumbent postures, while round the pedestal on which they recline are representations in relief of their children in standing attitudes. Above the figures are the following inscriptions: 1. Hie jacet magnus et potens, princeps Dominus Jacobus de Douglas, Dux Tourenice et Comes de Douglas, Dominus Annandiai, Galloiu- vidiai, Liddalice, Jedburgh, Forestice et Dominus de Bal- venice, magnus Wardanus regni Scotice versus Angliam, &c., qui obit 24 die mensis Martii, Anno Domini, 1443. We have here another indication of the great aim of the policy of the Douglases at this period, the reconsolidating the possessions of the family, in the adoption of the titles of Touraine and Galloway, to which tins Earl had clearly no good title. 2. Hie jacet Domina Beatrix de Sinclair, filia Domini Henrici, Comitis Orcadum, Domini de Sinclair, &c, Comitissa de Douglas et Avenia\ Domina Gallovidice. No date of her death is added, but that is explained by the fact that this is one of the instances of a widow causing, in her lifetime, her effigy to be placed beside that of her deceased husband, and an inscription to be prepared with a blank for the elate of her decease. The Countess long survived the Earl. She was included in the attainder of her second son passed in 1455, and like him took refuge in England, where she died. It is highly improbable that she was ever buried at Douglas at all, and her light to the title of Countess had been forfeited long before her death. 3. Hae sunt proles inter pra;dictos Dominum et Dominam generatae. l mo- Dominus Wilhelmus primogenitus et hceres dicti Domini Jacobi qui successit ad totam hcereditatem prcv- dictam; Jacobus, 2 d0 ' genitus, Magister de Douglas; Archibal- d/is, 3 tio - genitus, Comes Moravia'; Hugo, 4 t0 - genitus. Comes Ormundin 1 ; Joannis, 5 t0- genitus, Dominus de Balvenios; THE PARISH OF DOUGLAS. 93 Henricus, 6 t0 ' genitus; Margareta uxor Domini de Dalkeith; Beatrix uxor Domini Joannis Constabularii Scotiw; Janeta uxor Domini de Big gar et Cumbernauld; Elizabeth Douglas 4 t0 - filia erat. This inscription enables us to fix the date of the erection of the monument, viz., between 1448, when Archibald was made Earl of Moray, and 1451, when James, the eldest son, was killed. XIII. William, eighth Earl of Douglas, on his accession pro- ceeded actively to carry out the policy of the family in the reconsolidation of their possessions, by a marriage with his cousin, the Eair Maid of Galloway, and the gratification of their revenge against Crichton, the Chancellor. Perceiving that these objects could only be obtained by creating a division among his opponents, he adroitly availed himself of the ancient rivalry between the Chancellor and the Levingstons, and entered into a close alliance with the latter. By their aid and assistance he, in 1444, procured a dispensation from Rome, and married his young and beautiful relative, who was still a mere girl of twelve years of age. In the same year he suddenly presented himself to the King at Stirling, with only one or two attendants, with the humble declaration that he only came to exculpate himself for any cognizance of certain deeds of violence com- mitted by some of his adherents at Perth and Dumbarton, and that he put himself wholly in the Royal power. The youthful James not only received him graciously, but was so much pre- possessed by his winning address and protestations of devoted loyalty, that he made him a member of his Privy Council. The immediate consequence of this appointment was the precipitate retreat of the Chancellor to the castle of Edinburgh, where- upon, having the assistance of the powerful influence of the Levingstons, the Earl succeeded in obtaining the important office of Lieutenant-General of the kingdom. In virtue of this authority he instantly advanced at the head of a large military force, with the Royal banner displayed, and attended by the members of the King's household and the Privy Council, to the castle of Barnton, belonging to Crichton, which he took and levelled with the ground. In the following year Crichton 94 THE UPPER WARD OF LANARKSHIRE. appears to have been proclaimed a rebel, and Douglas proceeded to besiege him in the castle of Edinburgh; but the defence proving exceedingly obstinate, a capitulation was entered into, by which the Chancellor, on surrendering the fortress, was not only insured of indemnity to himself and his adherents, but restored to no inconsiderable portion of his former power and influence (Tytler's Hist, Vol. IV; Auchinleck Chron., p. 37). About this time Kennedy, Bishop of St Andrews, a prelate of great integrity, ability, and experience, became alarmed at the great power of the Earl of Douglas, and was led to suspect him of designs inconsistent with his duty as a subject, in consequence of which he was induced to oppose the Earl's influence by the authority of the church. To counteract this, the hitter endeavoured to ingratiate himself with the ecclesiastical bodies by bestowing valuable favours upon them. Thus, in 1446, he made, in favour of the abbot and convent of Melrose, the important renunciation of "any right he might have to bring their men or servants before his courts in Ettrick Forest" (Lib. de Mel, 572, 564). In 1448 the English invaded Scotland; but Douglas, as Lieutenant-General of the kingdom, raised an army and success- fully expelled them. One of his brothers, James, burnt and plundered Alnwick; while another, Hugh, Earl of Ormund, inflicted a severe defeat on the southern forces at the battle of Sarke (Auchinleck Chron., p. 40). In the same year the Earl drew up the important code of laws and regulations known as " The Statutes and Use of the Merchis," the preamble of which informs us of the manner in which they were framed. " Earl William of Douglas assembled the hail Lords, freeholders, and eldest bordourars that best knowledge had, at the College of Lynclowden. And thair he gart thai Lords and bordourars be bodily sworn by the haly evangelis, tuichit that thai lelely and trewly, after their counyng and knowledge, sh d decreet, decern, and deliver, and put in wryt, the statutis, ordinances, and use of merchis that was ordainit to be keepit in Black Archibald of Douglas' daies, and Archibald his sonnis' dayis, in tyme of weirfar" (Act Pari., I., 350). THE PARISH OF DOUGLAS. 95 In January, 1449, the Earl obtained a confirmation in Parlia- ment of a resignation of her life-rent in the lands of Galloway made in his favour by Margaret, widow of Archibald, first Duke of Touraine (Act Pari, II., 64). This arrangement, winch vested in him uncontrolled feudal authority over that extensive district, seems to have been the calumniating point in his career. Before the ensuing midsummer his influence was sensibly diminished through the success of the negotiations car- ried on by his rival, Chancellor Crichton, for the marriage of the King with Mary of Gueldres. The Earl was much too prudent to show any open signs of displeasure, and attended the nuptial ceremonies in great state. On the occasion of a tournament held in honour of the bride between a body of foreign and Scottish knights, he escorted the latter to the lists at the head of a train of five thousand horse. There can be little doubt that James II. had even before his marriage seen the necessity of curbing the excessive power of his great barons, and had resolved on attempting to diminish it. After the celebration of his nuptials he energetically set about accomplishing this design. The influence of the house of Douglas was so great that it was for the moment impossible to make any attack upon it directly. The King in consequence contented himself with crushing that of the Levingstons. The Earl of Douglas was either too short-sighted to see the effect which their downfall must have on his own interests; or, feeling doubtful whether his resources were equal to a contest with the Crown, thought it more prudent to temporize and postpone the now inevitable struggle, in the hopes that a more favourable opportunity for resistance might present itself. At all events, he acquiesced in the downfall of the Levingstons, and even condescended to accept some of the lands forfeited by their adherents. Suspecting, however, his ability to conceal his discontent, or, according to some authorities, being anxious to strengthen his position by alliances with the continental powers, he resolved to withdraw himself for a season from Scotland, and undertake a foreign pilgrimage. In accordance with this, he embarked for Flanders, with a train of six knights, fourteen 96 THE UPPER WARD OF LANARKSHIRE. gentlemen, and eighty attendants, and proceeded to Rome, in which city he passed the next year, being that of the Jubilee. Before leaving, the Earl conferred the office of procurator, or administrator of his estates during his absence, on his second brother, James, erroneously described by Tytler as Douglas of Balvenie, who, however, was either im willing or unable with his delegated authority to restrain the violence and turbulence of the fierce retainers of his house ; in consequence of which, the King, acting on an Act passed by Parliament in 1449, and placing himself at the head of an armed expedition, made himself master of Lochmaben Castle in the autumn of 1450, and after- wards took that of Douglas, which we are told he razed to the ground {Tytler). The latter statement is, however, manifestly an exaggeration, as we find the same historian subsequently stating that this fortress was inhabited by the Earl of Douglas per- sonally in the following spring. On information of these disorders, and the Royal attack on his strongholds, reaching the Earl at Rome, he immediately returned to Scotland. On his arrival he expressed deep regret for the excesses committed by his vassals during his absence, and professed his intention of employing his power in support of the government. He was favourably received; and had granted him new investitures of the lands of Galloway, both east and west of the Cree, which he had previously held in right of his wife, but which were now entailed, failing him and the heirs of his body, upon his younger brothers in succession, and also of the hereditary office of Warden of the West and Middle Marches {Act Pari, II., 68, 71 inclusive). He was also appointed one of the ambassadors to England. He was unable immediately to accompany the embassy, but entrusted his brother Commissioners with his seal, and soon after joined them in London, having obtained a safe-conduct for himself, his three brothers, twenty-six gentle- men, and sixty-seven attendants {Foed., XI., 283, 4; Rot. Scot., II., 345). There can be little question that during this visit to England the Earl entered into secret negotiations with the chiefs of the Yorkist party, wherein the rights of his own sovereign were at least treated with little consideration, if not wholly put THE PARISH OF DOUGLAS. 97 aside. A step was now taken by the Scotch government which was as impolitic as it was unnecessary, and which completely negatives the idea entertained by some historians that the advisers of the King were actuated by an enlightened policy of conciliation. The Earl of Douglas had retained the office of Lieutenant-General of the kingdom, which, however, after the King began to take a personal interest and share in the national affairs, had ceased to be anything more than an honorary rank. The office itself would, moreover, as a matter of course, have terminated in a few months, when James II. completed his twenty-first year. For this, however, the Court did not wait, and the Earl was deprived of the office. This proceeding, which deprived him of the rank of the first subject of the Crown, could only be regarded by that proud noble, who could scarcely brook to yield precedence to the King himself, as a mortal injury. Hastily returning from England, he attacked the Chancellor Crichton, whom he justly regarded as the instigator of the measure, in the streets of Edinburgh, but was unsuccessful in securing the person of his adversary. He also renewed the bonds of mutual defence into which he had formerly entered with the Earls of Crawford and Ross, and these obligations now assumed, if they had not previously borne, a treasonable char- acter. He also summoned his vassals, and imposed upon them an engagement to defend his rights as their overlord, even against their common feudal superior, the sovereign. Several of the more prudent and cautious among the larger of these landholders were averse to such a proceeding, but in these cases the vengeance of the Earl was prompt and immediate. He hanged Heries of Terregles in defiance of a Royal order of liberation transmitted to him by a herald, and committed Mac- lellan of Bombey to ward in the castle of Douglas. The latter was a near kinsman of Sir Patrick Gray, the captain of the King's Guard, who having obtained from the King an order for Maclellan's liberation, under the great seal, hastened to Douglas. His unsuccessful interview with the Earl, which originated the well-known proverb of, " It is ill speaking between a full man and fasting," has been too often related to require recapitulation. VOL. II. n 98 THE UPPER WARD OP LANARKSHIRE. A civil war was now inevitable, but both parties hesitated to commence it. The patriotic Kennedy, now Archbishop of St Andrews, availed himself of the interval of indecision to endeavour to avert that evil by arranging a personal interview between Douglas and his sovereign. He succeeded in inducing King James to despatch, in February, 1451-2, Sir William Lauder of Halton, who attended Douglas on his pilgrimage to Rome, with a message to him, expressing the desire of the King for a personal conference, and promising absolute security for his person (Foed., XI., 277). The Earl agreed to the proposi- tion, and, attended by a small retinue, accompanied Sir Williani to Stirling, where he took up his abode for the night. On the next day he was received by the King with much cordiality, and was invited to attend the Royal dinner, where the most amicable intercourse was continued, and the Earl was induced to remain for supper, which was in these times served at seven o'clock. Had the Archbishop been present, or had the discussion of business been deferred to a more fitting season of the day, the benevolent scheme of that prelate might have been successful; but, unfortunately, the King took Douglas aside immediately after supper, when probably both were heated by their convivi- alities, and insisted upon his dissolving his bonds with Crawford and Ross. The manner, as much as the matter of this request, appears to have offended the Earl, who, after upbraiding the King for his neglect of the many services his family had rendered to the Crown, which had never been sufficiently acknowledged, haughtily declared that, as for his confederacy with Ross or Crawford, he had it not in his power to dissolve it, and if he had, he would be sorry to break with his best friends to gratify the caprice of a boy. This sarcasm stung the King into such fury that he drew his dagger, and exclaiming, " This at least will break the bond," twice stabbed the Earl. An alarm was immediately given, and Sir Patrick Gray, the captain of the guard, rushing in, eager for revenge against the Earl, struck him down with a pole-axe, while the rest of the courtiers grati- fied their resentment by repeated strokes of any weapon that came to hand, so that he expired without a word, covered with THE PARISH OF DOUGLAS. 99 twenty-six wounds. The window was then thrown open, and the mangled body cast into the open court. Whatever remorse the King may have felt for this, as we believe, unpremeditated crime, he showed great energy in obviating its consequences. Assembling, with the least possible delay, a considerable force, he proceeded to Perth, with the view of attacking the Earl of Crawford, another of the parties to the league which he felt to be so alarming to his authority. During his absence on this expedition his opponents were not idle. XIV. James, the ninth Earl of Douglas, and the other brothers of the murdered chieftain, attended by Lord Hamilton and six hundred other gentlemen, took possession of the town of Stirling, and after defying the King, by the blast of twenty- four horns (in fact, declaring him outlawed), and dragging his safe -conduct through the gutter at the tail of a sorry horse, amid the hooting and execration of their followers, set fire to the suburbs, and retired, carrying with them a large booty {Auchinleck Chron., 47). At the same time they renewed their treasonable negotiations with the Yorkist party in England, through their mother, the Countess Beatrix, who, for that pur- pose, repaired to England. To remedy the disturbed state of the realm, the King summoned a Parliament to meet at Edinburgh on the 12th of June. During the night previous to the meeting, a paper, signed by James, Earl of Douglas, his three brothers, and their near connexion, Lord Hamilton, was affixed to the door of the House of Parliament, renouncing all fealty to James Stewart, as a perjured prince and merciless murderer who had broken his most sacred bond of hospitality and safe-conduct. To counteract the effect of this serious charge, or blasphemy, as it is quaintly styled in the record, King James obtained from the Parliament a declaration of his innocence, on the ground that Earl William had, in the presence of a multitude of the barons, proceres, knights, and nobles, renounced all safe-conducts that might have been granted to him, and that his death was a proper punishment for his many treasons (Act Pari, II., 73). 100 THE UPPER WARD OF LANARKSHIRE. The forfeiture of the late Earl and his adherents was also decreed, and their estates confiscated, several portions of them being bestowed upon the King's friends. On this occasion the Queen received from the Royal husband a gift of the lands of the Earldom of Wigton. On the conclusion of the business of the Parliament, James II. put himself at the head of his forces, and after laying waste the possessions of the house of Douglas in Selkirk Forest, Galloway, and Dumfries, where " he destroyit the country right fellounly, baith in cornes, meadows, and victuals " (A uchinleck Chron., 49), laid siege to Douglas Castle. Earl James, feeling the impossibility of resistance, entered into a negotiation with the King, and eventiially agreed to lay down his arms, and conduct himself in future as a loyal and peaceable subject. A transcript of the appointment made between the Earl and his sovereign is preserved in Sir Lewis Stewart's collections (a., 4, 7, p. 19) in the Advocates' Library. By this deed the Earl bound himself never " to follow or pursue, directly or indirectly, be law or any other manner of waies, any entrie in the lands of the Earlidome of Wigtone, with the pair- tinents or any part of them, imtill the tyine that I may obtaine speciall favour and leicence of oure soverayne Lady Mary, be the grace of God, Queen of Scotland, be letter and seal to be given and maid be hir to me thairupon." This is followed by a similar renunciation of the lordship of Stewarton, " the whilk wer whilum the Dutches of Turinies," unless he shall obtain the special licence of the King. Then comes an obligation by which the Earl, for himself, his brothers, and Lord Hamilton, " fullie remitts and forgives for evermair all maner of rancour of heart, malice, fede, malgre, and invy, the quhilk I or any of us had, lies, or may have in tyme to come, till any of our said soverane lord's lieges, for any actions, causes, or cpierels bygane; speciallie till al them that had arte or parte of the slaughter or deid of Whylum (William), Earle of Douglas, my brother; and shall tak thay persones in heartliness and friendship, at the ordinance and advice of our said soverayne lord." He also consents that the tenants and maillers within his lands shall remain with their tacks till Whitsunday come a-year, with the ex- THE PARISH OF DOUGLAS. 1()1 ception of those which were in his brother's hands at his decease, the tenants of which he was to be entitled to remove at the ensuing Whitsunday. Finally, the Earl agreed to the following- conditions : — " To revock all leagues and bands if any lies been made be me in any tyme bygane contrare to our said soverayne lord; and binds and obliss me that I shall make na band, na ligg, in tyme coming, whilk sail be contrar till his hieness. Alswa, I bind and oblidge me to our soverayne lord, that I sail maintaine, supplie, and defend the borders and the bordarars, and keep the trewes taken or to be taken, at all my guidly power, and also far as I ought to do as wardane or liegeman till him. Alswa, I bind and oblidge me to doe to our said soverane lord honor and worschip, in als far as lyes in my power, I havand sic sovertie as I can be content of reason of my life." The deed concludes with the following stringent clause of attestation : " In witness of the whilk thing, I, the said James, for me, my brothers, and the Lord Hamilton, and all our followers (averdance) to their present letters set my seall, and for the mair sickerness, the holy evangellis twichit hes gevin our bodily oath, and subscryved with my own hand at Douglas, the 28th of the month of August, the year of our Lord 1452 years." There can be no doubt that this submission of the Earl was the result of necessity, and that he was fully determined to resist the Royal authority on the first favourable opportunity. He, however, discontinued his treasonable practices for the space of two years, and during the interval pursued the same policy as his brother had adopted, his object being to regain the power and influence he had lost by the surrender of Galloway. He endeavoured to ingratiate himself with the Queen, in order to induce her to grant the license above referred to, in virtue of which he would re-occupy the Earldom of Wigton; and also used every influence to obtain a Papal dispensation for his marriage with the Fair Maid of Galloway, the widow of his deceased brother, a step to which that lady herself was exceed- ingly averse. The Earl succeeded in both these objects; and the moment he did so, renewed, in conjunction with Lord Hamilton, his. intrigues with the York party in England. He was promised 102 THE UPPER WAKD OF LANARKSHIRE. a supply of troops and money, on condition that he and his adherents should take an oath of homage to the English Crown. They, however, hesitated to engage in so overt an act of treason, and their indecision was fatal to the success of any design they may have entertained. The King was now in the prime of manhood, and in a much stronger position than he had held when, two years previous, he had accepted the submission of the Douglases. As soon as he received intelligence of their new intrigues with England, he assembled a powerful army, and at once stormed the castle of Inveravon, from which he pressed forward to Glasgow, and from thence marched to Lanark, devastating the estates of Lord Hamilton on his route. From Lanark he invaded Douglasdale, and wasted it with all the severities of military execution. From thence he passed to the forests of Ettrick and Selkirk, and compelled all the minor barons to renew their allegiance. He then proceeded to lay sieo;e to the castle of Abercorn in West Lothian. The Earl of Douglas, who appears to have been surprised by the promptitude of the Koyal measures, had by this time raised an army of, it is said, 40,000 men, and advanced to its relief. At first he succeeded in this, but only for a short time, during which the King fell back on his reinforcements. Having effected a junction with these, the King returned on his steps. The Earl advanced to meet him, but observing the strength of the position occupied by the Royal forces, retired to his camp in the neighbourhood of Abercorn. This proceeding was highly dis- approved by Lord Hamilton and other influential adherents of the Earl's, who counselled an immediate attack ; but their advice was slighted in the most haughty manner, the Earl informing them " that they might depart when they pleased/' While still boiling with the irritation produced by this remark, they were accosted by secret emissaries, sent by Kennedy, the Archbishop of St Andrews, who promised them not only amnesty, but favour if they would join the Royal ranks. Lord Hamilton at once went over, and was followed by many other powerful members of the lesser baronage ; the consequence of which was, that the Earl of Douglas in the morning found his camp THE PARISH OF DOUGLAS. 103 deserted, and in alarm fled precipitately to Annandale, where be remained concealed for some time, but ultimately retired into England. His brothers, however, still remained in the district of Ewesdale, and bid open defiance to the Royal forces till the 1st of May, 1455, when they were defeated by the loyal barons in .the battle of Arkenholme, where the Earl of Moray was killed, and the Earl of Ormund taken prisoner and immediately beheaded. The fourth brother, Douglas of Balvenie, escaped to England. On the 10th of June, 1455, a Parliament was held, by which the forfeiture of James, Earl of Douglas, his brothers, and their mother Beatrix, was declared, and an Act passed pro- hibiting all persons to assist them in any way, under the pain of treason, and extending the forfeiture to their heirs. His wife, the Fair Maid of Galloway, obtained a divorce, and was, with the King's consent, married to Sir John Stewart, afterwards Duke of Athole (Act Pari, II., 42, 43, 75). From this period the Earl, for nearly thirty years, remained an exile in England, supported by a pension granted him by Edward IV. and Richard III., and was invested with the Order of the Garter by the former of these monarchs. His existence was, however, a continual source of uneasiness to the Scotch government. In 1475 John, Earl of Ross and Lord of the Isles, was forfeited for treasonable communing with him (Act Pari, II, 109). In 1481, when a war with England was imminent, an Act of Parlia- ment was passed " for staunching of the treason of James of Douglas, quhilk is now coming to the borders;" whereby a general proclamation was made that any person who should take him prisoner should receive a reward of 100 merks land and 1000 merks in money, "and shall stand in luife and tendernesse to the King in all time coming;" while the captors of his adherents were to receive £20 for one of gentle blood, and dCIO for a yeoman. An amnesty was, however, promised, with certain named exceptions, to such of his partizans as came in within twenty-four days, under the certification that if they do not avail themselves of this offer they shall never be forgiven (Act Pari, II, 139, 140). In the year 1484 the Earl of Douglas, along with the Duke of Albany, brother of James III, 104 THE UPPEE WARD OF LANARKSHIRE. invaded Dumfriesshire at the head of 500 English horse and a body of infantry. They advanced to Lochmaben, where they were utterly routed. The Duke escaped, but the Earl was taken prisoner. The latter, on being brought before James III., turned his back upon the King, either from shame or detestation of the son of the destroyer of his house. But after his thirty years of misfortune and exile, that prince was inclined to impose the mildest penalty he could, consistent with the tranquillity of the realm, and ordered the Earl to retire to the Abbey of Lindores; on which that noble, haughty to the last, remarked, " He who may no better be must be a monk." In this religious retreat he remained till he died in 1588, and with him ter- minated the title of Earl of Douglas. On his forfeiture in 1455, the barony of Douglas passed into the possession of the Crown, and was retained in the King's hands until the year 1457, when it was granted to — XV. George, fourth Earl of Angus, of the house of Douglas, grandson of George, Earl of Angus, the second son of William, first Earl of Douglas, who, as we have already shown, was, on the death of his brother James, excluded from this por- tion of his father's estates (see II ante, p. 78). The Earl of Angus had remained loyally attached to James II., and had strenuously opposed the ambitious designs of his kinsmen, in consequence of which his lands were more than once ravaged by their retainers. He accompanied the King to the siege of Koxburgh in 1460, and was standing next him when he was killed by the bursting of a cannon, a splinter of which also wounded the Earl. In the following year, Henry VI. of England, who had taken refuge in Scotland, engaged the Earl of Angus, by the promise of an English Dukedom and a grant of lands of the yearly value of 2000 marks between the Trent and Humber, to assist him in the recovery of his dominions. This engagement contains most carefully worded clauses saving the Earl's allegiance as a subject of Scotland ; and providing that, in the event of war between the countries, he should not be deprived of the lands granted to him, but should be entitled to send thither twenty-four armed men, who should be under the King THE PARISH OF DOUGLAS. 105 of England's protection, to collect his rents : that lie should not be bound to answer in person to the Parliament of England, and that neither he nor his tenants should be liable to any fine for his noncompearance thereat. Godscroft (II., 22), after describing this deed, adds: "It is subscribed with a 'Henry' as long as the whole sheet of parchment, the worst sliapen letters and the worst put together that I ever saw." Shortly after this engagement was made, Margaret of Anjou, Henry's heroic consort, landed on the coast of Northumberland with a force of 2000 men, which she had obtained from Louis XI. of France by a promise to surrender Calais if she recovered the throne of England, and took the castles of Alnwick and Dustanburgh. Before, however, Angus and the Scotch auxiliaries could join her, Edward IV. and the Earl of Warwick advanced by rapid marches at the head of a numerous army, and compelled the Queen and her foreign allies to fly to their ships, and abandon a small garrison of 300 men which had been placed in Alnwick Castle. Angus hastened to the relief of the latter, and, displaying great military skill, contrived to bring them off in the face of the English army, although the latter was much stronger in numbers than his own forces. He found it, how- ever, impossible to be of any further service to the Lancastrian cause; and, in consequence, returning home, disbanded his retainers. He died in the following year, and was buried at Abemethy. He was succeeded by his eldest son, XVI. Archibald, the fifth Earl, commonly designed "The Great Earl," who was only nine years of age at the time of his father's death. He attended a Parliament held in Edinburgh, on the 15th of July, 1476 (Act Pari, II., 190). In 1478 he was chosen one of a Committee of the Parliament entrusted, inter alia, with arranging an embassy to England anent the marriage of the King's sister (Ibid, 119), and in 1481 was appointed Warden of the East Marches (Ibid, 132). A war with England having broken out, the King, in July, 1482, assembled a large army on the Borough Muir, near Edinburgh, with which he marched by Soutra to Lauder. The great nobles were, however, deeply offended by the favour he showed to VOL. II. o Km; the upper ward of Lanarkshire. Cochrane and other low-born favourites; and, in consequence, on the morning after their arrival at Lauder, they assembled at an early hour in the church, when they came to the unani- mous resolution that these persons shoidd be removed from the Royal person. On proceeding to arrange the steps necessary for the attainment of this object, some difference of opinion seems to have arisen ; and Lord Gray took occasion to introduce the well-known apologue of the mice consulting upon the means of deliverauce from their enemy the cat, and agreeing that a bell should be tied round her neck to warn them of her approach, when the question arose, what mouse woidd have the courage to fasten the bell round her neck? Upon which Angus at once exclaimed, " I shall bell the cat," in consequence of which he ever after received the name of "Archibald Bell the Cat." While they were still deliberating, Cochrane appeared at the door to demand the reason of the meeting. He was instantly arrested by the Earl of Angus ; and the nobles, seeing that no time was now to be lost, immediately proceeded at the head of their households to the Royal tent, where they secured the persons of the other favourites. After hanging Cochrane and his associates over the bridge of Lauder, the Lords conveyed the King to the castle of Edinburgh, and then disbanded their forces. The King's brother, the Duke of Albany, was appointed Lieutenant- General of the kingdom, and a most friendly under- standing sprang up between him and the Earl of Angus. The King having, however, recovered a considerable portion of his influence, the Duke was deprived of his office in the following month of March. The Earl was at the same time forbidden to approach within six miles of the Royal person; and was ordered, as would appear from the subsequent Act of Parliament (Act Pari., II., 203), to ward or confine himself within a certain district. He had also taken from him the offices of Justiciar to the south of the Forth, Steward of Kirkcudbright, Sheriff of Lanark, and Keeper of the castle of Trief (Indenture, James III. and the Duke of Albany MS., Gen. Reg. House, Edin- burgh). When, however, the Duke shortly afterwards retired into England and entered into a close alliance with the exiled THE PAEISH OF DOUGLAS I 07 Earl of Douglas, who, we need hardly add, was at deadly feud with his kinsman Angus, the latter was liberated, as the King- saw clearly that there was no longer any danger of his co-operating in Albany's treasonable designs. The proceedings of a Parliament held in 1487, which seemed to indicate an intention on the part of the King to secure the succession of the Crown to his second son, and countenanced some recent violations of the feudal rights of individuals, produced much discontent among the southern barons. It is said that the King, on becoming aware of this, professed great friendship for Angus, and endeavoured to persuade him to lend his assistance in making the malcontents prisoners. Instead, however, of complying, the Earl disclosed the design to his brother nobles, and united with them in the insurrection which immediately followed. Having been joined by the Duke of Rothesay, Prince Royal of Scotland, who was apprehensive of his younger brother being preferred to the Crown, the insurgents declared that no trust could be placed in the government of James III., and that he must abdicate in favour of his eldest son. The army of the King and the forces of his malcontent subjects met in April, 1488, near Blackness in West Lothian; where, after a smart skirmish, a negotiation was opened by Commissioners, of whom the Earl of Angus was one, which resulted in a pacifica- tion ; in virtue of winch the malcontents retired, and the King advanced to Edinburgh. The truce was, however, hollow and short-lived; both parties almost immediately re-assembled their retainers; and, finally, the two armies came into collision on the 18th of July at Sauchie Burn, near Stilling, when the King, after an obstinate contest, was defeated, and slain when flying from the field. The Prince of Scotland was immediately crowned at Scone as James IV., and a Parliament was assembled at Edinburgh on the 6th of October, wherein an Act was passed which, after narrating that the Earl of Angus and others had been appointed by the King to arrange articles of concord with others chosen by his late father, James III., and reciting verbatim the terms of the pacification of Blackness, proceeds to declare that the 108 THE UPPER WARD OF LANARKSHIRE. latter oftentimes broke these by the advice of those about him, who counselled bringing in of Englishmen, and the perpetual subjection of the realm, wherefor, the battle of Stirling was occasioned by the fault of his advisers, and that the lords and barons who were there with his son were innocent of any offence (Act Pari, II., 210). It was also decreed that all acts and deeds done or granted by the Earl of Angus during the time he was in the King's ward were null and void, " sin apperandly he did thaim for dred, and compellit thereto" (Ibid, 205). A determined effort was also made to j>ut down the violent crimes which were then grievously prevalent, by the following enact- ment: "Item anent the stanching of thift, riff, and utheris innormitez throo all the realm. Thir lordis underwrittin has maid faith and gevin thar bodily aithis to our soverane lord, in this his Parliament, that thai and ilk ane of them sail diligently, with all cur and besinace, search and seik quhar ony sik trespas- souris ar fundin or knawin within thar boundis, and tak thame and justify thame, or mak thame be send to our soverane lord to be justifiit; and thai shall have power of our soverane lord, under his quhite wabx, to tak and punys the said trespassouris, but (without) favouris, according to justice; and als. to gif thame power to cause utheris smale lardis, within thar boundis, to mak faith elik wise, and to rise and assist to thame in the takyne of the said trespassouris; and this Act to endure to our soverane lordis age of twenty-one yeris." Under this Act the Earl of Angus had charge of the counties of Roxburgh, Selkirk, Peebles, and Lanark, and, along with Lord Maxwell, of that of Dumfries (Ibid, 208). The able service rendered to the nation by the naval victory gamed by Sir Andrew Wood of Largo over a fleet of English privateers, seems to have induced the King to look with more favour on the adherents of his late father, and even to treat with coldness and neglect those who had shared in his own revolt. Irritated by this conduct, the Earl of Angus passed into England; where, according to Tytler, who founds on "Ayloffe's Calendar of Ancient Charters" (p. 313), and Rymer's unpublished MS. Collections in the British Museum (Henry VII, Vol. I., p. THE PARISH OF DOUGLAS. I 09 126), he concluded a secret and treasonable treaty with Henry VII. The arrangement was certainly for an alliance offensive and defensive. On his return he was met by the Lion Herald, who charged him in the King's name to enter his person in ward in his fortress of Tantallon {Treasurer s Accom'pts, 29th July, 1491). This estrangement between Angus and his sovereign seems to explain a transaction which has been a puzzle to many historians, namely, the excambion of the lands of Liddisdale for those of Bothwell in Lanarkshire. The King, suspicious of the nature of the Earl's transactions with the English Court, was naturally jealous of the possession of the important border lands of Liddisdale, which could give an English army access at any time to the centre of the kingdom. At the same time, he had no wish to deprive the Earl of any of his lands. Under these circumstances, he adopted a middle course, and insisted on the Earl exchanging Liddisdale for the lands and castle of Kilmarnock; which, being a portion of the patrimony of the Steward of Scotland, were then in possession of the Crown ; and this arranoernent was carried out on the 29th December, 1491. It was, however, found that the King could not give a valid title to the lands resigned ; and, in consequence, he induced the Earl of Bothwell to accept the lands of Liddisdale, and to resign the barony of Bothwell in favour of Angus on the 16th June, 1492 {Reg. Mag. Sig., XII, 245, 246, 286, 323, 344). Archibald Bell the Cat, however, was soon reconciled to Iris sovereign, with whom he continued in high favour. He was appointed High Chancellor of Scotland in 1493. In the following year, while holding that office, which he resigned in 1498, he appeared before the Council as " forspekkare " for one of the suitors — a proceeding which would now be considered a strange breach of judicial etiquette {Act Bom. And., 196). He had grants on 25th of January, 1495-6, of the barony of Craw- ford-Lindsay, forfeited by the Earl of Crawford (see Crawford); on 8th May, 1497, of the barony of Braidwood, in the parish of Carluke, on the resignation of Alexander Stewart; and on 1st August, 1510, of the lordship of Kerrymuir in Forfarshire {Reg. Mag. Sig., XIII., 198, 228; XVI, 76). 110 THE UPPER WARD OF LANARKSHIRE, In 1513 he remonstrated with James on his rash and fatal expedition into England, when the King replied, " If you are afraid, you may stay at home." The Earl, whose age and experience ought to have secured more respect, retired from the Court with tears of indignation, but commanded his sons and followers to abide the event. On receiving intelligence of the lamentable defeat at Flodden, the Earl betook himself to the priory of Whithorn, where he passed his days in acts of charity and devotion, till his death in the following year. His body was interred in the cathedral of St Ninian, but his heart was removed to the church of St Bride at Douglas, where a case is still shown which in all probability contained it, although the casket is commonly assigned to that of the good Lord James. By his first wife, Elizabeth, daughter of Lord Boyd, he had three sons, George, Master of Angus, Sir William Douglas of Glenbervie, and Gavin, Bishop of Dunkeld, whose translation of Virgil's iEnid and original poems are known to every student of Scottish literature; and a fourth by his second spouse, Catherine, daughter of Sir William Stirling of Keir, viz., Sir Alexander Douglas of Kilspindie, who was High Treasurer to James V., who used to call him his Gray Steel. He died in exile in France, broken-hearted at the unjust neglect with which he was treated by that King. The two eldest sons of the Great Earl, George, Master of Angus, and Sir William Douglas, having fallen at Flodden along with two hundred gentlemen of their name, he was succeeded by the son of the former, XVII. Archibald, sixth Earl. He appears to have been educated, or at least to have travelled for some years, abroad, where he was highly honoured at several of the foreign Courts, and was invested with the Order of St Michael. Returning to Scotland about the time of Ins grandfather's decease, he seems to have at once captivated the affections of the Queen Dowager, Margaret of England, to whom he was married on the 6th of August, 1514. This sudden and rash union, solemnised within three months after the Queen had given birth to a posthumous THE PARISH OF DOUGLAS. 1 1 1 son, scandalized the nation, and, as it deprived her of all legal right to the Regency, led to the Duke of Albany being summoned from France to fill that office. During the interval which elapsed before the arrival of the Duke, the Queen retained the custody of her sons; but feuds broke out between her husband and the other nobles, in consequence of which he, on several occasions, narrowly escaped being made prisoner or slain. After the failure of an ambuscade laid to seize him on his return from Glasgow, it is said that Arran, Lord Home, the Chamberlain, Cassils, and Semple, met at Lanark, when it was proposed that they should besiege Angus in one of his castles called Coivthaler; but the design, being opposed by Home, was given up. The authority quoted by Pinkerton (II., 126), is a letter from Sir James Inglis to Williamson the English spy, dated 21st January, 1515. As, however, the castle of Cow- daily at Carnwath never belonged to Angus, but to Lord Somerville, there is evidently some mistake, and the whole story is not improbably a piece of idle gossip. Henry VIII. also entered into communications with his sister and Angus, with the view of persuading them to remove the Royal infants to England, but the proposition was firmly rejected {Original Letters — Queen Margaret and Lord Dacre, in the Cottonian Collection; Gal, B. I, 28; II, 291; III, 273). Albany reached Scotland on the 18th of May, 1515, and soon after summoned a Parliament. For a few months longer the Queen and her husband still struggled to retain the custody of her children. On one occasion the Parliament deputed four of their number to have charge of the King and his brother. The delegates accordingly proceeded to the castle of Edinburgh in great solemnity, and attended by a large crowd. On their approaching, the gates were thrown open, and the Queen appeared with the infant King by her side, while the nurse stood behind with his baby brother in her arms, and the group was completed by the presence of Angus and a few attendants. Margaret, with infinite grace and majesty, desired the delegates to stand and declare their errand. On learning its nature she ordered the portcullis to be dropped; and, when its massy bars 112 THE UPPER WARD OF LANARKSHIRE. separated her from the Commissioners of Parliament, informed them that she was made governor of the castle of her late husband, and that she would never yield it to mortal man, while in regard to the delivery of her children, although she had every respect for the Parliament, still, from the infinite con- sequence of her charge, she demanded six days to consider the matter. Being doubtful, however, of her influence in the city of Edinburgh, she thought it prudent to remove with her sons to Stirling; while Angus repaired to Teviotdale and openly took the field against the Regent. He could not, however, maintain his ground, and was forced to retire into England; while his Royal spouse, being besieged by an overwhelming force, was obliged to surrender the castle of Stirling and the custody of her children, and to follow her husband to the asylum provided for them in her native country. A reverse so complete as that which thus overtook the Earl of Angus was not so fatal a misfortune to a great Scottish chieftain during one of the long minorities which so often distracted that kingdom, as it would have been in other circum- stances. Although forced into exile, the principle of feudal fidelity still ensured to him no small amount of influence, while the jealousy and ambition of the other great nobles, each of whom looked more to his own personal aggrandisement than to the general welfare of the state, and the dark web of foreign intrigue, was sure to lead to new political combinations, and, sooner or later, open a path by which he might recover his position. We are not, therefore, surprised to find that before a twelvemonth had elapsed the Earl was recalled, and rose so high in favour with the Regent Albany, that when the latter in 1517 left Scotland for a temporary visit to France, he, along with Huntly, Arran, Argyle, Sir Anthony Darcie cle Bastie, and the Archbishops of St Andrews and Glasgow, were selected to form the Council of Regency; "vicegerentes et locumtenentes Regni nostri" (Act Pari, II., 391). This commission continued to act for about three years, although its members were never cordially united, especially Angus and Arran, whose differences came to a head in 1520. The former was Lord of Jedburgh THE PARISH Or DOUGLAS. 113 Forest, and, as such, was entitled to hold courts therein, but Kerr of Firniherst having set up a claim to this jurisdiction, as hereditary bailiff of the district, Sir James Hamilton, bastard of Arran, at the head of 400 men, attempted to support this claim by force of arms, but was defeated by John, Lord Somerville, and Kerr of Cessford. In consequence of these disorders, a Parliament was summoned to meet at Edinburgh on the 29 th of April. In preparation for this, the followers of Angus had in a great measure departed from the town, in order that the meeting of Estates might be free, leaving him with only a retinue of 400 men, when the faction of Arran arrived in such numbers that it was evident they had resolved on violent measures. Angus sent his uncle Gavin, Bishop of Dunkeld, to expostulate with them, and endeavour to effect a reconciliation through the Archbishop of Glasgow. On reaching the quarters of the opposite party, the Bishop found them already armed for the attack. He, however, appealed to the Archbishop, as a churchman, to use his endeavours to stay the effusion of blood. The latter denied that this was in his power, and concluded a string of protestations by exclaiming, " Upon my conscience, I cannot help it," striking at the same time his hand upon his breast to enforce the truth of his assertion. Unfortunately for his sincerity, he had, in expectation of the conflict, put on a coat of mail below his cassock, which rang under the blow. Dunkeld replied, "My Lord, your conscience is not sound — it rattles," and immediately hastened to inform his nephew of his danger. Through the popularity of another of his uncles, Sir Archibald Douglas of Kilspindie, who had been Provost of the city, the Earl of Angus had great influence with the townsmen, who supplied his followers with spears and long weapons, with which both parties had come unprovided. He also secured his position in a skilful manner, by barricading the mouths of the narrow wyncls and closes. The conflict which ensued resulted in the entire defeat of his opponents, whose leaders escaped with the greatest difficulty. This victory gave Angus uncontrolled power in Scotland, which, however, he retained only for a brief period; as on the return of Albany at the head of a considerable force, VOL. II. p 114 THE UPPER WARD OF LANARKSHIRE. he was again compelled to leave the kingdom, and retired first to France and afterwards to England. In this, his second exile, he was not accompanied by his wife. Her love for him appears by this time to have been changed into a deep hatred. The causes of this alteration have been ascribed to most different reasons by the partizans of the two spouses. Those who adopt the side of the Queen assert that the estrangement arose from the ill-usage of the Earl; while those who advocate the opposite view contended that it originated in her having set her affections on another. That this latter accusation was made at the time and embittered the quarrel is evident from Margaret's own statement of her grievances: "He usurped my revenues, and, abof all thyng, he spake opynily dyshonour of me" {Pink. Hist, II., 200). At all events, she exerted all her energies and influence to per- petuate the banishment of the Earl. She rejected all the efforts of the English Court to arrange a reconciliation between them; and even endeavoured, in spite of her brother's most angry remonstrances, to obtain a divorce, in wdiich, however, she was not at that time successful. For four years the Queen Dowager shared, or we should rather say struggled, with the Duke of Albany for the govern- ment of Scotland. When, however, the latter, disgusted with Scottish affairs, finally left that kingdom in May, 1524, she took the bold step of calling a Parliament, at which the minority of James V. was declared at an end, and his personal assumption of the Royal authority proclaimed, after which he and his mother took possession of the castle of Edinburgh. It was at once seen that this unusual proceeding of declaring a boy of twelve years and three months an uncontrolled sovereign was a mere farce, and that the real power must lie with those who had possession of his person, and that it therefore was invested in his mother. Queen Margaret was at this time on the worst possible terms with her brother, Henry VIII., who in consequence connived at the return of the Earl of Angus to Scotland. On his arrival, this nobleman, grown wise by years and experience, addressed a letter to his wife in most moderate THE PAEISH OF DOUGLAS. 1 1 5 terms, stating that he came solely to serve his Queen and sovereign. Eeceiving no answer, he prudently remained quiet for some time, to use the words of Pinkerton, "like a hurricane in a cloud." Finding, however, that his popularity increased, while that of the Queen diminished, and a Parliament being summoned at Edinburgh, he, on the 24th of November, advanced to that town, which he took by escalade. The castle, in which the Queen and King resided, having began to discharge its artillery, he, still pursuing the course of prudence, retired in the afternoon of the following day in obedience to a royal mandate. He was immediately declared a traitor by an Act of the Council; but having repaired to St Andrews, he was joined by a large party of the nobles, which was continually increased by fresh adherents. At length the Queen saw it was hopeless to resist, and consented that the King should be separated from her, and that a Parliament should meet at Edinburgh in February, 1525. In that assembly it was enacted " that a deliverance, written by certain persons in Council, ordaining a summons of treason to be given upon Archibald, Earl of Angus, the King and Parlia- ment having perfect knowledge that the coming of the said Earl at that time to the town of Edinburgh was alenerly to offer his humble service to the King's Grace, and not to commit treason, orders the said deliverance to be delete of all books, destroyed, and put away, and that it should be declared that the said Earl then committed no crime" (Act Pari, II., 291). The Queen having alleged that she dared not attend the meeting of the Estates, unless caution was found by the Earl of Angus for the " indempnitie of hir persoun and hir honest househald," he, at a subsequent sederunt, gave in the following very curious writing: "My Lords of the Counsale, this is the answer that I, Archibald, Earl of Angus, makis to the Quenis Grace. In the first quher, scho desiris surtie of me of bodelie harme. My Lords, I traist it is not unknawin to all your Lordships that I never as yit did hir Grace ony harme in hir persoun, nor never tendis to do; and as I treust it has not bene use that men has gevin caution to their wifs, nottheless, for the plesin of her Grace, and to geif hir occasioun to adheir to me as to hir husband, for the wele of 116 THE UPPER WARD OF LANARKSHIRE. baith our conscience, I am content to all thingis that is no hurt to my saule, or that I may do of gud zele. And, according thereto, I sail bind me under gret sowmez that hir Grace sail be harmeles of me and all that I may lett, as the law will that a manis spous be harmles of her husband, and sail treit hir Grace, at my power sa lang as we are undiuorcit, as law, con- science, and honestie of her Grace requiris. And geif your Lordships will requeist or consell me to find uther manner of assourance, quhart throu hir Grace may tak occasioun not to adheir to me hir husband, lik as scho is bundin and oblist be the law of God and hali kirk. My Lords, at your Lordships, and in special spiritual will pleise to avis, geif ye may geif me that consale, and geif if I may use the samin saiflie, for I am advistist be menis of religioun, and utheris of conscience, that sic thingis may not be lefully granted without displesir of God and incurring of deidlie syn, quhilk na man suld do, considering all her desins intendis to abstract hir Grace fra me hir husband; quhilk, as I understand, I may na way do lauch- fullie, for and hir Grace be wele consalit, scho suld' not refuse this my reasonable desiris" (Act Pari, II., 293). It is certainly difficult to read this document without entertaining strong doubts of the sincerity of the Earl's scruples. At all events, they were soon overcome, as a divorce between him and Queen Margaret was obtained in the March following, whereupon she espoused Henry Stewart, Lord Methven. On the 8th of August, 1525, the Earl of Angus was named one of the Commissioners for concluding a peace with England. In tins document he is styled "Wardane and Lieutenent of the Est and Medle Marchis " (Act Pari, II, 297). On the 20th of June following summonses of treason were issued against Lord Home and Kerr of Eerniherst " for not assisting personally with their men and consale to help the Earl as Lieutenent and Wardane of these Marches, and not attending the days of trewis and meetings held by him " (Ibid, 303). On the 21st the Parliament confirmed the appointment of a secret council, stated in the record to have been named by the King himself, consisting of the Archbishop of Glasgow, the THE PAEISH OF DOUGLAS. 117 Bishop of Abirdene, and the Bishop of Galloway, the Earls of Angus, Ergile, and Levinax, Mortoun and Glencarm, and the Lord Maxwell, " quhais consale his Grace will use for the weil of his realm" {Ibid, 304). The proceedings of this secret council, which was in fact the governing body in Scotland, have not been preserved, indeed, we could hardly expect that they should. Pinkerton, however, tells us (II., 273), that they arranged that some of them should remain with the King, alternately, for three months, and that the Earl of Angus, avail- ing himself of the opportunity afforded him by being the person first chosen, ousted the others, and possessed himself of the sole control of the King and country. Although this learned historian's authorities do not bear out his conclusions, there can be no doubt that the latter are correct, and that Angus did assume to himself the sole management of the national affairs and the necessary concomitant, the charge of the person of the young King. To the latter, however, this tutelage was eminently disagreeable. Angus having taken the King with him in an expedition to the borders, with the view of suppressing the disorders there, the young prince found means to instigate Sir Walter Scott of Buccleuch to attempt carrying him off by force on his return in the month of July. Buccleuch was, however, signally defeated; but the death of Ker of Cessford clamped the triumph of the victors, and led to those feuds which Sir Walter Scott has so vividly described in his Lay of the Last Minstrel. This attempt of Buccleuch was followed in the month of September by an insurrection headed by the Earl of Lennox, who, disgusted at being deprived of his due influence in the secret council, was supposed to have had some share in instigating the former outbreak. Lennox seized Stirling at the head of a force of 10,000 men, and advanced towards Edinburgh, where Angus and the King were stationed. The Earl hurried to meet him, with the Royal banner displayed. The respective forces came into collision near Linlithgow, where those of Lennox were defeated, and he himself slain, to the regret of all parties. Although the sympathy of the Kin-' was undoubtedly with Lennox, he was forced to march with the nominally Royal army 118 THE UPPER WAKD OF LANARKSHIRE. of the Earl of Angus. When the latter hurried forward to join in the action, he left the charge of his young sovereign to his brother, Sir George Douglas of Pittendriech, who, on his Royal charge showing symptoms of an intention to remove himself from his company, exclaimed, " It is as much as our lives are worth if our enemies get you from us to-day, which, rather than they shall do, Ave will hold fast one-half of you, and let them pull away the other " (Godscroft, II., 94) — a rash speech, which the King never forgot or forgave. A Parliament was held at Edinburgh in the month of November following, wherein Archibald, Earl of Angus, his brother, and other adherents, were declared innocent of any crime in resisting the attempts of Scott of Branxholm and the Earl of Lennox to seize the person of the King (Act Pari, II, 312). The Earl of Angus was appointed Chancellor in August, 1527, but seems to have failed in conciliating the affections of his sovereign, although he spared no pains to ingratiate himself by personal attentions. In July, 1528, the King made his escape from Falkland and rode to Stirling, where he took up his residence in the castle, and at once issued an order for the Earl of Angus and all his principal adherents not to approach within six miles of the Court, and to place themselves in ward on the north of the Spey. The conduct of Angus under these circumstances was creditable to his patriotism, and inclines us to acquit him of any treasonable designs against the authority of his sovereign, and to believe that his ambition was only to be the first subject of the realm. He obeyed the Royal mandate in so far that he made no endeavour to approach the Court. But the anger of the King was not to be appeased; and not the less so because it probably arose from no difference of opinion on the interests of the nation, but from some pique at the personal demeanour of the Earl. A Parliament was summoned to assem- ble at Edinburgh on the 2d of September, 1528, when a charge of treason was brought forward against the Earl, his brother, iii id others of their adherents. The proceedings in this case are most interesting, as marking an epoch when the legal forms of pleading became a matter of importance in our Courts. On the THE PARISH OF DOUGLAS. 1 1 9 4th, the Earl, by the hands of his servitor and secretary, gave in his defences. These consisted of various pleas; two of which would be described in modern legal language as preliminary, the others as on the merits. The latter consist of denials more or less explicit of the charges; but the former are most interest- ing, from the light they throw on the forms of legal procedure at the period. The first of these preliminary pleas is a demand for the assistance of persons skilled in law to conduct the defence. As the right of persons accused of treason to demand this assistance was long disputed, this, the first authenticated demand of the kind, becomes a most important document. It is in these terms : " In the first — We being callit aponne, oure lyfis, landis, and gudis, and ar na men of law our selfles, we can gett na procuratour nor advocate to speik for us; and since we suld not be accusit nor compellit to answer without we have ane advocate gevin us aponne our expenses, quhilk of the law every juge aucht to do to any personne that is callit before him, and without the quhilk we aucht not to answer; and protestis, geif we gett na advocate, and any processis be led aganis us, ffer remeid of justice, quhen and quhare it offeris." The second is a piece of special pleading that could not be surpassed, if it could be equalled, by the most astute practitioner of the present day: " Secundlie — We understand that the tyme is now feriate (holiday), and na court may be haldin, Parliament nor uthir, in feriate tyme, but ane dispensacionne had of the superior ther- aponne. And in this caise thair is na superiour to the Kingis Grace to dispense with him to hald his Parliament in this feriate tyme, for he has na superior in the erd in temperalite. And albeit it war said that his Grace and the Estatis may dispense, thair may no man dispense with himself, for that mon cum fra ane superior. And, thairfor, be all lawis, civile, and canonne, the King's Grace may na mair hald his Parliament in this feriate tyme, nar he may hold it on Pasche day or Zule day, quhilk we traist na man will think he may do it." These legal technicali- ties are in strange contrast with the subsequent proceedings of the same day, when the secretary of the Earl of Angus declared that he would surrender to his trial provided the King gave 120 THE UPPER WARD OF LANARKSHIRE. certain most important personages into the hands of his friends as security that, in the event of his being acquitted, he should be dismissed, and allowed to go where he pleased, as an innocent person. The result, however, was that the Earl and his adhe- rents were found guilty of treason and attainted (Act Pari, II., 322, 410). The King immediately advanced to besiege the castle of Temptallon. Angus surprised his train of artillery on the road and captured its commander, but at once dismissed the whole with a message to the King, protesting his loyalty. Nothing, however, had any effect in pacifying the Royal resent- ment, and Angus withdrew to England, where he was kindly welcomed by Henry VIII., who made him one of his Privy Council, and there he remained in exile during all the reign of James V., to whom he was a continual source of apprehension and distrust, as was shown, when, in 1540, a war with England seeming imminent, the first step taken by the Scottish King in the Parliament he assembled was to pass Acts excepting from any general remission all those who had intelligence with the Earl of Angus ; providing for his forfeiture being again re- corded, " in case the books in which they were enrolled should be lost;" and annexing the barony of Douglas and the rest of his estates to the Crown (Act Pari, II, 363, 401, 404). On the death of King James, the Earl of Angus returned to Scotland, and, on the 15th of March, 1542, was elected by the Estates one of "My Lord Governor's Secret Council" (Ibid, 414). On the same day he raised, before the High Court of Parliament, a summons of reduction of his attainder, alleging that it was null and void from certain technical informalities in the citation, etc. Indeed, the whole proceedings in this case are a strong proof of the increasing importance attached at this period to the strict observance of legal forms, for the Queen's advocate appeared and objected that the summons could not be heard, inasmuch as the Earl being "at the home," it was not competent for him to insist thereon. This objection was, how- ever, obviated by the production of a relaxation, and the attainder was formally reversed (Ibid, 415). There can be little doubt that, when Henry VIII. permitted THE PARISH OF DOUGLAS. 121 the Earl of Angus to return to Scotland along with the lords taken prisoners at the rout of Solway, he exacted from him, as well as from them, a promise that he should use his influence to promote the marriage of the infant Queen Mary with Prince Edward. The Earl was at first favourable to this alliance, but, like many others of the Scotch nobility, lie became disgusted with the violent measures adopted by the English King to attain his wishes; in fact, to use the words of another Scottish chief, he "misliked the manner of the wooing." He was particularly irritated by the devastations committed on the borders by Lord Evers and Sir Brian Latoun in 1544, and especially by the pillage of the Abbey of Melrose and the violation of the tombs in the church of that convent. On hearing that King Henry had promised them charters of the lands they had laid waste, he swore that he would write their infeftment upon their skins with sharp pens and bloody ink. Lord Evers and Sir Brian having again invaded Scotland, they were, on the 17th February, en- countered by the Earl at Ancrum Moor. By the advice of Sir Walter Scott of Buccleuch, the latter retired behind the crest of the ridge he had first occupied, and sent his spare horses to an eminence in the rear. The English, mistaking these for the main body of the Scotch in full retreat, rushed precipitately for- ward, and on reaching the top of the hill were appalled to find themselves in front of their opponents, and halted in hesitation and surprise. The Scotch immediately charged, and as they did so, a heron, roused by the tumult, soared away between the two armies. "Oh," exclaimed Angus, "that I had here my white gosshawk, that we might aw yoke thegither." The English, breathless and fatigued, and having the setting sun and the wind in their faces, made but a feeble resistance, and were soon broken and put to flight. The pursuit was hotly taken up, and the invaders suffered most severely, little or no mercy being shown. Indeed, to quote the words of Bishop Keith (Vol. I., p. 18), " Lesley says that our soldiers were much too cruel against the English in their flight; so, as he takes notice, after that day we had never any tolerable success." Both. Lord Evers and Sir Brian Latoun were slain. The former was much re? VOL. II. Q 122 THE UPPEE WARD OF LANARKSHIRE. gretted by King Henry, who threatened to avenge his death upon Angus. The reply of the Earl was worthy of his gallant house : — " Is our brother-in-law offended that I, as a good Scotchman, have avenged my ravaged country and the defaced tombs of my ancestors upon Ralph Evers? They were better men than he, and I was bound to do no less; and will he take my life for that? Little does King Henry ken the skirts of Karnetable; I can keep me there against all his English host." The Earl of Angus was one of the nobles who, on the 26th of June following, subscribed an agreement with France against England, and was appointed one of a Council to sit with the Queen Dowager and my Lord Governor, and "conclude upon sik matteris as concernis the form and manner of the weir, baith to defend againis the commoun inymy of Ingland, and to invaid the realm of Ingland as oft as the occasioun of tyme sail occur, and sal be thot necessary and profitable" (Act Pari, II., 594). On the 29th, he was also chosen one of the lords, four or five of whom should always remain with the Governor, relieving each other at intervals of a month. He appears to have performed this duty for the months beginning 10th July, 1546, and 20th April, 1547 (Ibid, 596, 7, 8). The Earl, after his divorce from Queen Margaret, married, on the 9th of August, 1543, Margaret, only daughter of Robert, fifth Lord Maxwell, by whom he had a son. On the 31st of August, 1547, he resigned his lands in the hands of the Crown, and obtained a new charter of the barony of Douglas in favour of himself and Margaret Maxwell, his wife, in liferent, and James Douglas, their son and heir apparent, in fee, and the heirs male of his body; whom failing, his heirs male and assigns whatever: thus excluding from the succession his daughter by Queen Margaret (Reg. Mag. Sig., XXX., 161, 162, 163). At the battle of Pinkie, which was fought on the 10th of September following, the Earl commanded the vanguard of the Scottish army, which consisted chiefly of spearmen on foot. He advanced to attack the enemy, and was so successful in repelling a charge of their cavalry, that, when the Protector Somerset urged Lord Gray, the commander of the English horse, to renew THE PARISH OF DOUGLAS. 123 the attack, he replied, " he might as well command him to run against the walls of Boulogne ; for it was as impossible to break through the Scots' ranks, as to break through a brick wall;" upon which the Earl of Warwick endeavoured to stop the ad- vancing column by threatening its flank with a body of Spanish carbineers and English archers. This induced Angus to deflect from the straight line of his attack, and this movement being seen by the main body of the Scotch was misconstrued into a retreat. They were, in consequence, seized with a panic, and dispersed themselves. The vanguard, alone, was unable to cope with the whole force of the enemy, and being deserted by its supports was overwhelmed, the Earl escaping with the greatest difficulty {Godscroft, II., 126). In the Parliament of 1551 an Act was passed eminently sug- gestive of the way in which feuds and the feelings of revenge for injury were in this age fostered and kept alive for long periods of time. It declares that the Earl of Angus shall not be liable for any injuries done to Scotch subjects during the time he was forced to live in England by the decree of the late King {Act Paii., II., 484). The Earl was present in the Parlia- ment held at Edinburgh in 1554, and along with the other nobles signed a discharge to the Duke of Chatelherault, in regard to his intromissions as regent (Ibid, II, 603). He died at Temptallon Castle in 1556. His son having predeceased him, he was succeeded, in virtue of the destination in the charter of 1547, by his nephew, XVIII. David, seventh Earl of Angus, the eldest son of his younger brother, Sir George Douglas of Pittendreich. Of this nobleman nothing is recorded, except that he died in 1558 and was succeeded by his son, XIX. Archibald, eighth Earl, who, at the time of his acces- sion being only two years of age, was placed under the guardian- ship of his uncle, the Earl of Morton, afterwards the well-known regent of the kingdom. Morton, apprehensive that the title of his ward, under the charter of 1547, might be challenged, ob- tained, on the 11th November, 1564, a ratification of it under the great seal, and in the following year entered into an agree- 124 THE UPPER WARD OF LANARKSHIRE. ment with Lady Margaret Douglas, the daughter and heir- general of Archibald, the sixth Earl, by which she, with the consent of her husband, the Earl of Lennox, and Henry, Lord Darnley, their son and heir apparent, renounced her right to the Earldom of Angus and Lordship of Douglas {Douglas Peerage, I., 438). A further confirmation and parliamentary ratification of these charters was obtained on the 14th of April, 1567 (Act Pari, It, 5G5). The Earl of Angus attended the meeting of Estates which met at Edinburgh on the 15th December of that year, and after forfeiting the Earl of Bothwell, confirmed the demission of the crown by Queen Mary in favour of her son (Ibid, III., 3). He was also present at the Parliament held at Stirling in Septem- ber, 1571, when the Earl of Mar was elected regent, in conse- quence of the slaughter of the Earl of Lennox, and subscribed the admonition sent to those holding the castle and burgh of Edinburgh, requiring them to submit themselves to the Govern- ment (Ibid, lit, 65, 69). In 1574, he was appointed one of the Lords of the Secret Council (Ibid, 84); and, in 1577, presented to the Parliament a letter from his uncle, the Earl of Morton, resigning the office of regent, whereupon the King took the government on himself, and appointed Angus one of his Privy Council (Ibid, 117, 119). In 1579, the Earl was nominated as one of a commission, appointed conjunctly and severally lieuten- ants and justices, for the purpose of apprehending and trying John Hamilton, some time commendator of Aberbrothock, and Claud Hamilton, some time commendator of Paisley, accused of treason, and in case of resistance, "to assiege with artillarie and ordinance, raise fyre, and use all uther kynd of force and weir- like engines, to wyn and recover the castles of Hamilton and Draffan, or other strengths" (Ibid, 160). In 1581, the Earl was convicted of treason for the following offences: — 1st. For holding a convocation of armed men at Braid's Craigs, for the purpose "of apprehending and taking be force of amies the umquhile James, some tyme Earl of Mortoun, titer he was wardit in the castell of Edinburgh, swa sone as they understude that he was to be transportit to the castell of Dum- THE PARISH OF DOUGLAS. 125 bartane, and in the biding and concealing thereof; " 2d. For not entering his person on the north side of the Spey, after being charged to do so; 3d. Of furnissing stuffing, and withhalding be himself, and uthers in his name, of the castells of Thomtallon and Douglas efter he was charged to deliver the same to the King's officers. The barony of Douglas was annexed to the Crown, and the Earl took refuge in England {Ibid, 193, 203, 228). He was, however, recalled in the following year, and joined the party of the noblemen who had been concerned in the raid of Ruth ven. In 1583, the Earl became cautioner for Eustachius Rogh, medicinar, in his tack of the royal mine (Ibid, 368, and ante, Vol. I., p. 55). In 1584, he, in conjunction with the Earl of Mar and Lord Glammis, seized the castle of Stirling, and, erecting their standard, issued a manifesto, declaring that they had taken up arms for no other reason than to remove from the King's presence the unworthy favourite — Stewart, Earl of Arran. James, however, advancing against them with an army, they retired into England. The Privy Council took immediate steps for their forfeiture, which were ratified by a Parliament held on the 22d of August, and a formal Act of Attainder passed, the feu mails of the lands and lordship of Douglas being again annexed to the Crown (Ibid, 296, 332, 348). In the next year, he and the other banished lords returned into Scotland, expelled Arran from the King's presence, and obtained for them- selves a pardon and revocation of their forfeiture, the Earl of Angus being made a Privy Councillor (Ibid, 378, 383). In 1587, he was appointed one of a commission for the taxation to be gran tit quhen it sale pleis that our Soveraine Lord sail treat and conclude upon his marriage ; of a second, for satisfactioun of the clergy for their lyverentis; and of a third, anent priority of places in Parliament. He was also nominated a permanent member of the Privy Council, if he happened to be present or should be sent for by the King (Ibid, 437, 438, 444). He died at Smeaton, near Dalkeith, in 1588, without surviving issue, and was succeeded by XX. Sir William Douglas of Glenbervie, a great-grandson of Archibald, the fifth Earl. He accompanied Queen Mary to the 126 THE UPPEE WARD OF LANARKSHIRE. north against the Earl of Huntly, was actively engaged in the battle of Corrichie, and became a zealous promoter of the Refor- mation. His accession to the Earldom of Angus and Lordship of Douglas was vehemently opposed by James VI, who laid claim to them personally, in right of his paternal grandmother, and raised an action to reduce the charters of 1547, as granted "to heirs male, in exclusion of the heirs general, lineal, and lawful, expressly against the law of God, the law human, and of nature." Judgment, however, went for the Earl, in respect of Queen Mary's confirmation of the charters and the renunciation by the Countess of Lennox. He did not, however, long survive, having died in 1591, when the honours and estates of Angus and Douglas passed to his eldest son, XXI William, the tenth Earl of Angus, who was in 1592 appointed a Privy Councillor, one of the Lords of the Articles, and a member of a committee anent the ranking of noblemen (Act Pari, III, 562, 530, 555). A declaration was also made by the King and the High Court of Parliament, that " although William, Earl of Angus, at His Majesty's desire, yielded to the Duke of Lennox to bear the Crown in this Parliament, it should not prejudice his right to the first place in Parliament, leading the vanguard, or bearing the Crown" (Ibid, 588). Those who are curious as to the history of these privileges of the Earls of Angus, will find a very able dissertation on them in Riddell's Peerage and Consistorial Law, Vol. I, p. 155. Their origin is very obscure, but their existence appears to have been fully recognised in the sixteenth century. Archibald, the sixth Earl, carried the Crown in the Parliament of 1525, according to Pinkerton (Vol. II, 265), who emotes an original letter in the Cottonian Collection (Calig., II, 47) as his authority, and also commanded the vanguard at Pinkie; while Archibald, the eighth Earl, carried the Crown in the first Parliament of James VI, December, 1567. The subsecpient documents relating to the claim will be referred to under their respective dates. Shortly after his accession, William, Earl of Angus, became a convert to the Church of Rome, and allied himself with the Earls of Errol and Huntly, in consequence of which a summons THE PARISH OF DOUGLAS. 127 to appear before the Parliament and answer for their treasonable proceedings was issued on the 1st of June, 1593. On the 21st of August they appeared by their procurators, and offered — 1. To prove their innocence before any commission of the Council or Parliament the King might select; 2. To find security that they shall never traffic nor have intelligence with any foreign nation or prince; 3. For removing all kind of sclander and evil consaivit opinion by the kirk, that in case they, after reasoning with those deputed by the kirk and King, may be thoroughly resolved not onlie to satisfy the kirk for any sclander, but also concerning the hail heidis and articles of religion; otherwise, if they are not resolvit, to depart furth of the country during His Majesty's pleasure, till they satisfy the kirk; 4. And in the meantime to remove out of their company all suspect persounes of religion. Upon which the Parliament resolved, " That if they conform, the King may grant them license, upon their humble suit of that effect, to pass forth of the country; upon such conditions, and to sic unsuspect places, as the King shall appoint. And if they neither conform nor pass forth of the country, according to the directions given them, the charges against them should be proceeded with." On the 26th of November an Act of Abolition was passed, putting an end to the proceedings on the following conditions: 1st. That the Earls should embrace and subscribe the true religion before the 1st of February; 2d. That they should, in the meantime, abide in the places and bounds appointed them, and forbear to traffic with Jesuits, seminaries, excommunicate and avowed papists; 3d. That they should forbear, at their tables or otherwise, to dispute against the true religion or in favour of popery; 4th. That they shall entertain a minister of God's Word in their house and company, and be ready to hear and confer with him, so as to be better resolvit before they subscribe; 5th. That they shall find caution in <£40,000 not to make defection afterwards ; 6th. That if they decline to embrace the true religion, they may leave the country before the 1st of February, and abide where they shall be appointed; and 7th. That they must make intimation of their choice of these alternatives before the 1st of January. Having 128 THE UPPEE WARD OF LANARKSHIRE. failed to make such intimation, the Parliament, on the 18th of that month, declared that they had lost the benefit of this Act of Abolition; and on the 20th of May, 1594, an Act of Attainder was passed against them, on the ground that they had consulted and concluded for the inbringing of strangers and the subversion of religion, and had sent, with this view, a blank letter, signed and sealed by them, to the King of Spain (Act Pari, IV, 4, 15, 46, 52, 55, 57, 61, 64). The Earl of Angus retired to Prance, and in most histories it is stated that he spent there the remainder of his life. This, however, is a mistake. In a Parliament held at Edinburgh in November, 1597, the decree of attainder against the Earls was reduced and declared null and void, on the ground that the charge was not supported by sufficient evidence, and this judgment was confirmed by a subsequent enactment; while, in the interval, the Earl of Angus was appointed one of a Parlia- mentary Committee anent the taxation (Act Pari, IV., 124, 154, 145). In 1598 he was appointed Lieutenant and Justiciar of the East, Middle, and West Marches. In the following year he was, on the petition of the barons of the West March, continued in this office (Ibid, 170, 182). On the 15th December of the same year he obtained a royal letter which, proceeding on a preamble that the privileges afterwards referred to had been granted as a reward by the Crown to the Earls of Angus, and utheris of the surname of Douglas, for their many notable and gude offices, their patriotism, and valiant and manful defending and maintaining of the liberties of our realme, (a statement which would seem to go the length of showing that these privileges did not belong to the Earls of Angus, as such, but rather as representing the great house of Douglas) declares, on the word of a prince, that William, Earl of Angus, should perpetuallie bruik and enjoy all the former honours, privileges, and immunities grantit by any of our predecessors to any of his forbears; and in speciall, that same place and honour in Parliament, Counsail, and Convention, and beiring of honours, that he himself and his forbears had of before, notwithstanding quhatsumever new erections or dispositionnes of new honours, THE PAEISH OF DOUGLAS. 129 styles, or titles (Riddell's Peerage and Consistorial Law, I, 155 — quoting Original in Douglas Charter Chest). This was ill 1602 confirmed by a charter under the Great Seal, confirming to William, Earl of Angus, and his heirs, " all honours, immu- nities, and dignities ever held by him or his predecessors, et presertim primum locum in sedendo votumque prestando in omnibus nostris Parliamentis, Conventionibus, et Conciliis, primum locum et ductionem aciei in nostris bellis, et gerendi coronam in omnibus Parlia/mentis {Reg. Mag. Sig., XLIV., 22). In the Parliament held at Perth on the 11th of July, 1604, the Earl gave in a protest in favour of these privileges ; and in that convened in the same place in Jnly, 1606, an Act was passed ratifying the charter under the great seal granting to William, Earl of Angus, in liferent, and to William, Lord Douglas, his eldest son, and his heirs male, the barony and lordship of Douglas, with all the privileges, liberties, and immunities generalie and specialie comprehendit in the foirnameit charter (Act Pari, IV., 276, 311). Soon after this the Earl again repaired to Paris, where he attached himself to the abbey of St Germain de Pres, and led the life of a religious devotee. In an account of that abbey jrablished in 1724 it is said that he assisted a plusieurs sermons et mime aux disputes theologiques de Sourbonne on il fid entierement containcu de la fausseti de sa religion. This is evidently a mistake of the French annalist, as the Earl had for many years been a convert to Rome, unless we are to suppose that the learned disputations of the Sorbonne reconciled him to the Protestant faith. He died in 1611, and was interred with great pomp in the chapel of St Christopher, in the church of St Germain de Pres, where his monument still exists almost without injury — a remarkable circumstance, when we remember that, from its vicinity to the prison of the L'Abbaye, the square in front of the church was the focus of the massacres of September, 1792. The monument, which consists of a marble recumbent figure, is now in the chapel dedicated to St Joseph, on the north of the choir, and bears the following inscription : — VOL. it. E 130 THE UPPER WARD OF LANARKSHIRE. " Adspices humanse spectacula tristia pompte Et vanescentis quare sit imago boni Non sum qui fueram satus ille Heroibus ingens Duglasidum Princeps, Angusiaeque comes Nam pars hie extiucta jacet, pars salva revolvit Fata vices rerum quare per opaca fluunt. Vertor ut in cineres, speculatur et occulor umbris Utque, illibatae, discutiuntur opes. Quas mihi fata darant virtus transmisit avorum Quas ego transmisi fata dedere meis Nil nisi cinteolum mihi mansit et arcula busti. Quid querar his, omnes mors monet esse pares. Rex ut inops moritur sua clausus deserit antro Prosus et in tumulo putret uterque suo. Vixit an. LVII. obiit V. mon. mart. An. MDCXI. Gulielmus F. Angusiae comes P. opt. amantissimo M P." He was well versed in the antiquities and history of his country, and wrote a chronicle of the Douglases. XXII. He was succeeded by his eldest son, William, the eleventh Earl, who was, in 1612, appointed one of the Lords of the Articles, and again in 1621. In this last year he was also chosen one of a committee of Parliament, entrusted with the duty of settling the dower of the King's daughter (Act Pari., IV., 467, 589). In 1631 a charter passed the great seal, con- ferring on his son, Archibald, Lord Douglas, under reservation of the Earl's liferent, the " comitatus " of Angus, with the first seat in Parliament and the other high privileges attached to it (Riddell's Peerage and Consistorial Law, Vol. I., p. 155). When preparations were being made for the coronation of Charles I., in 1633, the Earl executed a deed resigning in the King's hands his right of voting first in Parliament, but reserv- ing the other privileges in his charters, which was confirmed by Parliament on the 14th June (Act Pari., V., 10), but was after- wards challenged by his descendants on the ground that by the charter of 1631 his rights were limited to a liferent, and that this resignation was not valid without the concurrence of his son who was invested with the fee. On the 17th of the same month, the day preceding the ceremony, he was created Marquis of Douglas. He was in 1644 appointed one of the committee of war for Lanarkshire (Act Pari, VI., 132). From the THE PARISH OF DOUGLAS. 131 opinions of his father, and his own foreign education, we are not surprised to find that the Marquis leant to the side of the Royalist and Episcopal party. We have already noticed his long struggle with the Presbytery of Lanark in regard to the management of his family and household. He concurred with many other noblemen and gentlemen in what was called the engagement, by which they bound themselves, while supporting the existing government, to maintain the rights of the Crown and royal family, and joined Montrose after his victory at Kilsyth, in August, 1645. He escaped from the rout at Pliiliphaugh on the 13th of September following, but soon after cajDitulated with the ruling powers, and was imprisoned in the castle of Dumbarton. He was, however, released in the following spring, much to the discontent of the Presbytery of Lanark, who, on the 5th of March, understanding that this step was contemplated, despatched a committee of their number to represent to the committee of the estatis wheresoever they shall happen to be for the time, " How dangerous it sail prove, if such as hes bene despirat ennemies to church and country sail now be lettin loose on us, but especiallie being most sensible, throu bygune experience, of the dangerous consequents that may follow in their bounds if the Marquis of Douglas sail be returned to his station again " (Pres. Jitec, p. 48). On the 3d June, 1G51, the Marquis subscribed the bond for the security of religion, and was on the same day appointed a member of one of those committees of the estates, to whom it was usual, in the disturbed state of the times, to commit the functions of the executive. The powers entrusted to this one were, however, more in consistence with constitutional precedent than those which had preceded it, in so far as the right of the King to appoint the officers of the army was acknowledged (Act Pari, VI, 617, 618, 623). The Marquis was in 1654 subjected to a fine of i?1000 by Cromwell's Act of Grace and Pardon, and died on the 19th February, 1660. He was twice married; first to Margaret Hamilton, only daughter of Claud Lord Paisley, and second to Mary Gordon, third daughter of George, first Marquis of Huntly. Their remains repose in the vault 132 THE TJPPEK WARD OF LANAEKSHIEE. before the high altar of the old church of Douglas, and their coffins bear the following inscriptions: — "Hie situm est corpus Gul, Marchionis Douglasice, eo titulo primi, qui ex diversis et mutuis thalamis, ab Hamiltoniorum et Gordoniorum aente suam progeniem continuatam, Hamiltoniorum vero instaura- tam reliquit Obit 11 cal. Mart, Anno 1Q60.—J2tat vero 7V The phrase, "Hamiltoniorum vero instauratam," is ex- plained by the fact that the eldest son of his second marriage. William, Earl of Selkirk, married the Duchess Anne, heiress of the House of Hamilton, and was at the Restoration invested with that ducal title which is still possessed by his descen- dants. "Margaret Hamilton Angusice Comitissa. Obit 38 anno cetatis sum, 11 Septembris, 1623/'— and "Maria Gordon, filia Georgii, primi Marchionis de Huntly, quam Gidielmus, primus Marchio de Douglas, in uxorem secundo duxit, quce- que anno sum cetatis sexagesimo quarto, salutis humance. 1644 mortem obiit." By his first marriage, the Marquis had two sons; the younger of these, Lord James Douglas, distinguished himself in the French army during the campaigns of Louis XIV., who intended to confer upon him the baton of a marshal of France on the very day on which he died. He was interred, like his grand- father, in the church of St Germain de Pres at Paris. His monument, consisting of a marble figure, recumbent in a sar- cophagus, stands in a chapel of the south transept, dedicated to St Michael, and bears the following inscription : — "Duglasidum nova spes. patriae lux. Kegibus orte, Gallo Scotigenum Dux Jacobe jaces Dura longa iimumeros languentes pace triumphos. Armaque dum proavum redivivo e fuueri tractas Heu cadis in media Dia propago. via Seilicet haud poterat Mars exuperare tuorum Scandere nee te vult incylta facta patrium Occidit prope Duacurn xxi. Oct r - MDCXXXXV. An. etatis XXVIII." The eldest, Archibald, Lord Douglas, assumed, on his father's elevation to the Marquisate, the courtesy title of Earl of Angus. THE PARISH OF DOUGLAS. 133 In 1631, as already mentioned, he had conferred on him, by a charter under the Great Seal, the reversion of the Earldom of Angus, and the estates and privileges thereto belonging. He was appointed an extraordinary Lord of Session on the 30th of January, 1638-9, and a Privy Councillor on the 9th of February following, and was confirmed in both these offices by an Act of Parliament, passed on the 13th November, 1641 (Act Pari, V., 460, 464, 491). In politics, he adopted a course opposite to that taken by his father, and was a keen supporter of the Com- monwealth. On the 28th of September, 1641, he was appointed by Parliament one of the commission for auditing the General Commissioners' accounts (Ibid, 422, 433). He was, in 1644, named one of the Committee of Estates, to whom was entrusted the functions of the executive, including, as we have before mentioned, powers which could only have been exercised con- stitutionally by the King; and was again nominated a member of similar commissions in 1649, 1650, 1651 (Ibid, VI, 83, 425, 503, 568, 576, 605). From 1646 to 1649 inclusively, he was annually included in the committee of war for the county of Lanark (Ibid, 214, 278, 297, 374). In 1649, he was ap- pointed a member of a commission for visiting the University of St Andrews (Ibid, 346); of another for the plantation of kirkis (Ibid, 433); and of a third for managing the business of the exchequer (Ibid, 434). In the Act passed in 1649 for putting the kingdom in a posture of defence, the Earl of Angus is nominated one of the colonels of horse and foot for Lanark- shire (Ibid, 372). On the 21st of May, 1650, an order was made by the Parliament " that above 200 prisoners, confined in the Cannongait, should be delivered to Lord Angus and Sir Robert Murray, to be disposed of conform to their supplication, under the condition that the prisoners shall not return to the kingdom under pain of death, and that Lord Angus and Sir Robert should free the estates from entertaining them in future, and also of bygaines since they were entered in ward." From this order were to be excepted twelve men to be chosen by Quartermaster-General Stewart, and six by Sir James Hope of Hopetoun (Ibid, 516). On the 30th of November following, 134- THE UPPER WARD OF LANARKSHIRE. Lord Angus was appointed one of the committee of Parliament on grievances and wrongs committed by officers and soldiers (Ibid, 547, 580, 589). He officiated as High Chamberlain at the coronation of Charles II. on the 1st January, 1651; was, on the 28th of March, appointed one of the commission for managing the affairs of the army (Ibid, 594-6) ; and, on the 3d of April, obtained a patent creating him Earl of Ormond, Lord Both- well and Hartside, with remainder to the heirs male of his second marriage. His Lordship married — 1st, Anne Stuart, second daughter of Esme, third Duke of Lennox. Her remains were deposited in the vault before the altar of the old church of St Bride at Douglas, and her coffin bears this inscription: — "Anna Stewarta, due Lennoxice et Richmondice filia, Archi- balds Angusice comiti, per XVIII annos nupta, obiit XVI die Augusti, anno MDG.XLVI, cetat XXXI." He afterwards espoused Jean, eldest daughter of David, second Earl of Wemyss. Lord Angus had a fine of i?10()0 imposed upon him, in 1654, by Cromwell's Act of Grace and Pardon; and died at Edin- burgh on the 13th of January, 1655. As he was survived by his father, the eldest son of his first marriage succeeded, on the death of the latter in February, 1660, to the family honours as XXIII. James, second Marquis of Douglas. He was a minor at his accession, but his tutors lost no time in claiming; his right to the precedence in Parliament, having, in the following year, lodged a protest asserting his right to this honour, which was met by similar protests on the part of the Dukes of Hamilton and Lennox (Act Pari, VII., 5, 13; A pp. I., 4). A similar protest was renewed by the Marquis personally in 1689, 90, 95, and 98 (Ibid, IX., 22, 99, 350; X, 128). The Marquis was Privy Councillor to Charles II. and James VII. He was appointed one of the Lords of the Articles in 1669 and in 1685 (Ibid, VII., 552; App. 166; VIII, 457); and one of the Com- mittee of Parliament on controverted elections in 1678 and 1690 (Ibid, VIII., 216; IX., 114). In 1678 he was also chosen one of the committee for fixing the quota of supply, and was named one of the Commissioners of Supply for Lanarkshire. He held this latter office again in the years 1 685, 89, and 90 (Ibid, THE PARISH OF DOUGLAS. 135 VIII, 219, 225, 465 ; IX, 69, 137). In 1685 lie was appointed member of the commission for the plantation of kirks and valuation of teinds {Ibid, VIII, 481). The Marquis in 1689 subscribed the protest made by the Parliament before proceeding to open the letter addressed to them by King James, and the letter addressed by it to the Prince of Orange, to which docu- ments we have had already frequent occasion to refer (.Ibid, IX, 8, 9, 20.) On the 26th March in the same year the Estates ordained the Marquis to furnish such of his cannon at Leith as Major-General Mackay shall require, and undertook to defray whatever damage shall happen to the cannon furnished (Ibid, IX, 23). In the proclamation issued on the 30th of the same month, for calling together the militia on this side of the Tay, it is ordered that the troop of horse belonging to the Upper Ward of Lanarkshire, commanded by the Marquis of Douglas, should assemble at Lanark on the 15th of April following (Ibid, IX, 25, 26). He was also appointed one of the Committee of Estates, to whom the functions of the executive were entrusted, but with powers much below those which similar committees had received in the time of the Commonwealth (Ibid, IX, 79). On the 5th of August, 1698, it is noted in the records of Parliament that the Marquis of Douglas, being absent the last session, did now subscribe the association entered into in consequence of the attempts made to assassinate King William (Ibid, X, 134). He died on the 25 th February, 1700, and was interred without pomp in the vault of the old church at Douglas. His coffin bears the simple inscription — "J. M. D., cetatis 54, obiit 25th February, 1700." He was twice married; first to Barbara Erskine, eldest daughter of John, ninth Earl of Mar, by whom he had a son, James, Earl of Angus, born in the year 1674, who, at a very early age, displayed great military talents. When only nineteen, he, in 1689, made an offer to Parliament to levy a regiment of 1200 men, divided into 20 companies, which was immediately accepted, and the commission of Colonel conferred upon him, with power to name his Lieut.-Colonel and other officers (Act Pari., IX, 50, 55). He succeeded in raising this body from L36 THE UPPEK WARD OF LANARKSHIRE. his influence with the Cameronians, who were then most numerous in the neighbourhood of Douglas. This regiment is now the twenty-sixth of the Line, and still retains its title of the Cameronians. It was first mustered in a, holm near Douglas, on the 28th April, L689. The following entries in the records of Parliament respecting it are interesting: "On the 7th of May, 1689, tin' collectors of Lanarkshire are ordered to pay the. sum of £35 for each company. On the 8th, the keeper of public arms and ammunition in Glasgow is ordered to deliver a hand of powder for the use of the regiment. On the 12th, the Committee of Estates recommend Brigadier- General Balfour to order the regiment, under command of Colonel Cleilland, to inarch to the town of Perth, but to slop at Stirling, and thence acquaint the committee what slate the regiment is in. On the L 5th, the Brigadier is recommended bo deliver to Lieut-Colonel Cleilland ane hundred fyrelocks for its use. On the 18th, the regiment is ordered to be quartered at Kilsyth, St Niniaus, Donne, and Dumblane, till the committee have an account of its condition and how it LS armed. On the 2()th, an order is issued to the officer commanding at Stirling Castle to deliver for its use two barrels of powder, and hall and match to conform, and also 100 picks out of the magazine; and, on the 22d, the regiment is ordered to be quartered at Kilsyth, Falkirk, Larbourne, and St Ninians, while Brigadier- General Balfour is directed to deliver to them 400 I'yivlockis beyond the 100 before ordered" (Act Pari, IX., App. II, l.">, I!), 2 5197, of which the burgh of Douglas was ordered to pay lace in pages preced- ing these, but notice may be taken here of the aged tree at back of the house, on edge of the burn, and by tradition said to have been the hanging tree of the locality — Jeddart justice, in modern phrase, Lynch law, having been of old the rule of action here, as the delinquent, suffered to escaj>e, might not be easily got again within grasp of the powers that claimed the right, as they had the might, to dispense justice. Nearly three-fourths of the Cormacoup lands are farmed by their proprietor, who is not the worse the farmer that, when a younger brother, and no near prospect of succession, he had been educated for the church, and if "he had failed to fill the house, few men would better fill the pulpit." "Cormacoup, a dwelling-house," is the notice taken of THE PARISH OF DOUGLAS. 153 the laird's homestead in the Ordnance Index, and on Sheet XLL, No. 700, the area of Cormacoup houses, garden, etc., is given as 1-815, with 2 - 698 and again 3 - 096 of wood near it, and 6 '507 of mixed wood, say natural and planted. The trees in the immediate neighbourhood of the house, to the south in particular, are old and beautiful, and the glen by which the Cormacoup-burn brawls down from the north-east flank of the Douglas-rig is picturesque. North-Bottom (280-1172) farm is on the extreme south of the parish of Douglas, on the Duneaton-water and the march of Crawfordjohn parish, south of Dryriggs-hill, west of that of Auchendaff, of no great extent, and wholly pastoral. Cleughs (280-1151) farm is of a little greater value than that of North-bottom, and lies in the hollows or cleughs of the hill between the Douglas-rig, Urit-hill, and Dryriggs-hill, having, at Sheet XLL, No. 708, an area of 6 '108 for arable, houses, and garden, the rest of the farm being moorland, rough and heathy pasture, as might be looked for, so far from the dale, and so deep among the hills. On the level where the Cormacoup-burn runs into the Douglas- water, was a mill — a waulk one — that is occupied in woollen manufacuture, but the labour was unprofitable, and the water-power, which superabounds, is turned to account in the sawing of wood, but only moderately employed. On the hill-side, south of the Douglas- water, but near it, are the Corma- coup coalworks, for some years not over-profitable to the lessee, as with a fair amount of knowledge he was short enough of capital ; but recently the working of the seam has passed into the hands of the enterprising resident at Collier Hall, farther down the strath, who works well all he undertakes, has all the pits on the strath, has cash at command, and with the district now opened up for mineral traffic, will push an extensive and a profitable trade, as the Douglas coal is in good repute as to quality; and, when the line eastward by the Medwyn is opened out, will compete well on Tweed-side with the Carlisle minerals — those wrought in East-Lothian being, for manufacturing pur- poses, not equal to that raised in Lanarkshire. Auchinclaff farm is now merged in lease with another, and is VOL. II. v 154 THE UPPER WARD OF LANARKSHIRE. unreported on the valuation roll for 1858-9, but was a well- known holding in the early portion of this century, and has a place in the memory of the natives of the dales of Douglas and Duneaton, because of the family who have sprung thence into position and wealth. The ancestor of the family is said to have been a herd, and of such economical habits, that the butter allowed him to cover his bread with he was wont to save up, that he mio-ht increase the richness of the smear for the few sheep which he was allowed to call his own, each shepherd having so many in addition to his money fee. Penuriousness was not his only characteristic, as he was something of a humourist, and somewhat of a favourite with the old Duke of Doug-las, under whom he held his farm. " Auchen " as he was called — he was not daft — on paying his respects to the castle, got a demijohn of brandy to take home with him, but found difficulty in sitting straight in his saddle; "how so, Auchen?" quoth the Duke. " I am o'erbalanced on the ae side ;" the hint was understood, another demijohn given, and all was right then. A later member of the family, when on duty as a yeoman, and looking for leaving his corpse on the field, is reported to have pinned his address on his shirt, that the body at least might be recognised. A younger son realised well across the Atlantic, and the funds he left enabled his brothers to obtain a position as agriculturists, energetic, en- terprising, and prosperous. Auchindaff homestead is east of the hill of that name, south-west of Hartwood-hill, and north of, but near to, the Duneaton-water. Kennox-burn comes into the Douglas-water below the Cor- macoup collieries, and is of considerable size, 5661 being its area, having a course little short of three miles from the slopes of Dryriggs and AuchendafF hills in the south-west. Ken-head ; Nox-hills, may be the signification, as it flows from the lands near the head of the parish. Kennox (241-883) farm is of considerable extent, the homestead, a comfortable one, is about half-a-mile south-east of Cormacoup, and, Upper Ward like, the families are related. On Ordnance sheet -512 for houses, gardens, and yards are given, and near by -085 for wood, which may be THE PAEISH OF DOUGLAS. 155 exact, but is not over descriptive of a farm-house of the class. The entries for arable are numerous, and some of them of fair size, but the hill pasture is the chief value of the farm. Mouksfoot (241-1185) farm is of small extent, near where the Monksburu flows into the Douglas-water, and held by a family whose ancestors have been there since "Castle Dangerous" was captured, and the " Douglas larder" was filled. Langhouse (241-1099) farm is held by the Laird of Cormacoup, being adjacent, a little north-east of his mansion, across the Douglas- water, and north of the Muirkirk road. The extent is not great, and the designation it has on Ordnance Index is that of a " row of cot-houses." Driver-holm, a row of small houses, on a haugh north of the Douglas- water, opposite to where the Kennox comes in, and where a woollen mill was working. Bremerside (241-871) farm is of considerable extent, on north side of the Douglas strath, leased by a non-resident tenant, but his homestead in the adjacent parish lies so near, that both may well be overlooked by one party. Bremerside-hill is on the six- inch Survey scale, Sheet XXXVIL, and moorland, rough and heathy pasture is the character of the locality. Braehead and Bankhead are on Ordnance Index as small farm-houses, probably the homes of the shepherds on the Langhouse and Bremerside farms, to neither of which houses are assigned, and Bankhead and Braehead are above the Muirkirk turnpike, and north-east of Driver-holm, on Douglas- water. The Glespin-burn runs from Glespin and Moss-castle, in Crawfordjohn on the south, draining the Andershaw-hills, the Blantaggart-moor, and falling into the Douglas-water near to West-town farm. Blantagart as on Ross, Blentagart as on Forrest, or Glentagart as on the Ordnance sheet and valuation roll, is one of the largest farms in the parish of Douglas, and in the six-inch scale district, where the land is heathy, rough pasture, or less valuable. As a farm (241-776) it occupies the south-east extremity of the parish, having Duneaton- water on the west, Andershaw on the east, Stone- hill, in Crawfordjohn, on the south, and Kennox on the north. The adjacent farm of Stonehill is held by the occupier of Glen- taggart since 1862, a widow lady, and excellently qualified to 156 THE UPPER WAED OF LANARKSHIRE. manage the farms, attending the markets, selling where the male sex could get no bid, and obtaining the best price at Lanark - mnir. The cart track over Glentaggart-moor, from Glespin in Crawfordjohn to Glespin in Douglas, is of the worst, but any breadth is liberally allowed the traveller to choose his way along, if soft here, it may be softer there, but where the burns intersect the moor, the devious courses must converge, as these gully-like streams can only be got across at particular places. Glentag- gart, houses, yards, etc., on Sheet XLL, No. 765, appear for 2 "445, with 2 '051 of wood at No. 764, about 40 acres of arable, and 3217 "320 moorland, etc., with 63 acres arable again, but it is not easy to safely localize these Survey entries. On the moor the place looks wild enough, but the house within is one of the warmest in the parish, and family, son, father, and grandfather, have held it prosperously. Near where the Glentaggart-burn falls into that from Glespin, coal' has been wrought for many years past, and northwards by Glespin and Cormacoup the pits are many, and worked to profit. Brownrigg, and Pinkstone- rigg, are hills 1208, 1255 feet, at source of the Glentaggart- burn; and 845 feet is that of the homestead. Andershaw, query Underwood (241-991), is a farm of moderate extent, chiefly on the hill-side between the Glespin-burn and Auchensaugh, a flow moss, dangerous, deep, and wide, lying on the north-east, and good cause has the writer of these pages to know it, as, when but a youth, the horse he rode and its rider had the narrowest of escapes from being engulfed there. Ander- shaw lies north of Mosscastle-hill, and the road from Leadhills by Crawfordjohn, for the coal works at Glespin, runs across the eastward part of the farm; a parish road, but known, time out of mind, as the " Blackgate," the "worst road" in the county. Andershaw — houses, yards, etc., — shows 1911 of an area, with a little arable near the homestead, but a large extent of the six- inch scale character around it. Dykehead (241-1163A) a farm of no great size, is north of Andershaw, east of the Glespin-burn, south-west of Auchen- saugh-hill, and has a little arable land, with a considerable breadth of moor to show, being, like Andershaw, on the six- THE PARISH OF DOUGLAS. 157 inch scale locality; and, on valuation roll for 1858-9, appears leased by a farmer in the parish of Carmichael. Earl's Mill is a small holding on the Glespin-bnrn, but the family in possession have been holders there since the Earls of Douglas were the chief of the nobles of Scotland ; and, as before noticed of the Lockharts of Lee, so with the Douglas here, families have held under them for centuries past. Small on the valuation roll as Earl's Mill is rated, those looking to it have plied their trade to profit, members of the family having risen to fair commercial status in the City of Glasgow. The hills are green on southern bank of the Douglas-water; hence Glespin — Glas-Ben, green hill — are found there as names of places, Glespin-side, Glespin-East, Glespin -West, being all adjacent. Glespin-East (241-1193), is a farm of small size, but well worked; the respectable tenant having come into pos- session in some such way as the patriarch Jacob acquired his wealth and his wives, and the homestead has an area for houses, yards, etc., of '857, with 5 "796 of meadow near it. Glespin-side is a snug cottage, built there by a former lessee of the collieries in the neighbourhood, who, coming from across the border, managed the mines at Leadhills for some time, spent much money in prospecting for lead on Snar-water, but made more when, at the close of his long life, he settled down here. The house is good, and has been possessed by some of the dowager ladies of the district, the widow of a minister from the west, or the mother of a farmer on the east; and, in that of the latter, few homes will yield a more kindly welcome. Glespin-West (241-906), farm is of considerable extent, and on the valuation roll for 1858-9 was held by the tenant of farm No. 764 in Crawford parish, and of which, as was due, fair and full notice has been taken; and the worthy tenant having last year taken to himself a "better half," may be held as resident at both, although the ride may be a long one to be always at home at night — in south or north. A brother who has, like his uncle of farm No. 769, "gathered" gold on the Tyne, is about to retire from trade, look to the flock and the dairy, and seek for health when his foot is again "upon his native heath." The homestead 158 THE UPPER WARD OF LANARKSHIRE. is of considerable extent, the outhouses, etc., being all roomy, and every arrangement made that might be looked for where the tenant was energetic, intelligent, and persevering. Corrigenda, corrections, or advertising errors or oversights in one's pages, few writers care to call attention to, but some should be apolo- gised for, as, for example, when noticing the excellence of the cheese made at 764, it was omitted to state that it was of the "Cheddar" kind, and rarely made in the Ward. The house at Glespin-West, was built by the father of the present tenant, and is full of commodiousness, although but of one storey — the dining-room a good one, and often filled ; the sleeping rooms airy, and seldom unoccupied. It is no part of the programme of the writer of these pages to praise, but he pleads guilty to feeling a desire to evince a sense of gratitude to those farmer friends, and they are many, who have done so much to aid him in the effort to make this Work instructive and respectable, and none have done more to promote his views than the tenant of Glespin-West, Douglas, where the writer first stayed with him. The arable land on the holms by the Douglas-water, and the level ground on the hills above it, to east and west of the home- stead, are of considerable extent, and worked to the best advan- tage, while the pasture of the farm lies above the Glespin-burn and towards the Kennox. The plantations which so richly clothe the Douglas strath extend to within a short way of Glespin-West, and the river bank is well covered with trees. Across the Douglas-water, and within half-a-mile of Glespin- West, is the turnpike road from Muirkirk for Douglas, and the small row of thatched cottages on the Braehead, above the road, are called Tablestone — tradition alleging that when the Earls Douglas of old followed the deer on the Windraw, Cairntable, or Hartwood-hills, that, on a broad stone by the wayside, here their covers were laid for the forenoon meal. A short way farther west, along the turnpike, is the Mavisbank School, placed there for the advantage of the cottars near, and taught by a dame, chiefly supported by a salary from the noble owners of Douglas Castle. In the summer season Sabbath evening services are held there; and it tells well for the Christianity and energy of THE PAEISH OF DOUGLAS. 159 the local clergy, that the ministers of the parish church, the Free Church, and the United Presbyterian Church, in Douglas town, preach in turn; the attendance is good; there may be room for forty or fifty; and when the writer of these pages worshipped there, the psalmody was led by a student, the son of a late mini- ster of a parish church, and the sermon was preached by the minister of the IIP. Church, of whom more when the town of Douglas comes under review in these pages. On the hill-side above the Douglas- water, and at some dis- tance from the turnpike, which runs there south of the strath, is the homestead of Hazelside Mains (241-798), a farm of first- class importance in the district, and long held by the descendants of Thomas Dickson, who so gallantly barred the way when his Lord assailed the castle, as has been so well told by the author of Waverley in his last novel, that of " Castle Dangerous." The farm has reverted to the Douglas family, and is now held by a tenant who has larger pastoral interests to look to in the parish of Lamingtoune, and a superior house to dwell in. There may be few hazels, but there are many fine old trees at the Mains of Hazelside, and the situation is a warm one, the southern expo- sure being good, the plantations on the north giving shelter, and the holms of the Douglas-water and rich fields on the hill-side being of considerable size, and well cultivated. West-town and Janefield (241-879) farms are eastward of, but conterminous with, Glespin-West, and of considerable extent; Janefield being near the Douglas-water level, and West-town under shelter of the plantations on the hill-side on north of the strath ; Janefield, a dwelling-house, and West-town, a farm-house, beino; their Ordnance Index designations — the former having an area of *135, the latter of 1 015, with a considerable extent of arable land and some rough pasture southward. The bridge over the Douglas-water is called the Janefield one, and the toll- house, on the Braehead, is named that of Wiston. Midtown (241-1 258|) farm is of small extent, and lies east- ward of West-town, on the hill-side above the turnpike, has 1-061 given it as area for houses, yards, and garden, with arable, arable and pasture, and moorland entries near it. Scrogton 1 60 THE UPPEE WARD OF LANARKSHIRE. (241-1198) farm is larger than Midtown, on the opposite side of the strath, is indexed as a farm-house, and Scrogton-head (241-1088) farm — of greater value than that of Scrogton — is indexed as a small farm-house; both are adjacent, but what the topographic signification can be attached to their names is hard to find. Like the Mains of Hazelside, they are pleasantly placed, with the strath to the south below them, the plantations on the north, and a considerable breadth of land between the wood and the water — the trees near the latter, and skirtino- the fields, being large, and the fields well enclosed. Poneil (241-877) farm lies on the water of that name, which forms the boundary between the parishes of Douglas and of Lesmahagow. The farm lies west of the Carlisle highway, is of considerable extent, having West-town of Lesmahagow on the south-west, and Hightofts of Douglas on the north-east. By Ordnance report, Poneil is a farm-house, with an area of 2-337 acres for houses, yards, gardens, etc., and the entries near it seem to be mostly of arable land, with little wood referred to. Poneil- water has 7 '793 of area given it in the parish of Douglas, and there may be as much in that of Lesmahagow, so that the volume it brings to the Douglas is considerable, it being the largest feeder. Tofts-West, or High-Tofts as on Ordnance Index (241-1158), is a farm of moderate extent, east of Poneil, north of Happendon-wood, and west of Douglas-water, near which it lies. Tofts-East (241-1174), a small farm on the Lesmahagow march, west of Collier Hall and of Douglas-water; and the land in both farms appears to be chiefly arable. Wolfcrooks (241-940) farm is of considerable extent, in the north-east of the parish, where the Poneil flows into the Douglas- water, and north of Newtonfoot. Wolfcrooks, XXXVIII., 2, a farm-house, 1*124 of area for houses, yards, etc., is the Ordnance note on the place; and, with a few entries for wood, there are many for arable land, which, near the confluence of, and on the delta between, the waters, might be looked for. Newtonfoot (241-936) and Ncwtonhead (241-937) are farms of considerable extent, and adjacent to each other. Newtonfoot is south-east of Wolfcrooks, above the Douglas-water, near the road to Lanark, THE PAEISH OP DOUGLAS. 161 on the Carmichael march, not far from the Rigside collieries; and has an area of 1*169 for houses, yards, etc., with some wood and much arable land near it. Newtonhead has an area of 1 545 for houses, garden, etc., larger than that of Newtonfoot, the rent the same; but the steading, homestead, and surround- ings of the latter appear to be the better of the two, the house showing well on the hill-side to north of the turnpike road. On the field south of the Lanark highway are extensive tile-works, in hands of the noble owners of the Douglas estates, and bene- ficial for the tenantry of the district; as clay being good and abundant, coal cheap and at hand, enables the draining-tiles to be turned out in quantities, and at a low price, for the farmers in the strath and southwards. Broomfield, Rigside, and Burnie-knowe (241-973) is a holding of some extent, from west of the Carmichael march to the Douglas-water, and in hands of the enterprising individual who delights to call his warm home Collier Hall ; for houses, gardens, etc., has an area of 2 - 203, and few homesteads on the road from Millbank to Hyndford-bridge look more inviting, or with grounds about them better than Collier Hall. Swans are common enough, but "black swans" less so; and the tenant of the pasture, corn- field, and the black diamonds brought from below, is of no small advantage to the district he has been raised in. Active, energetic, keen, sociable, enterprising, is an excellent report to make of any man, and those who know the goodman of Collier Hall know him to be all that ; while in the nest at home, the brood of young ones is large, and well catered for. To the extent and value of the coal-seams in the parish, full reference is made in the two papers on the district which appear in the closing volume of this Work; and, since they were written, the railway has been opened some miles through the strath, and with it may flow in wealth to, and occupation for, the natives. As might be looked for at a work which is carried on prosperously, the cottage accommodation, schools, shops, etc., for those employed, are gathered on the Lanark road, south of Collier Hall, and all is tidy, thriving, and pleasant to look upon. Mount-Stewart (241-1225) is a small farm on the Carmichael VOL. II. w 162 THE UPPER WARD OF LANARKSHIRE. and Wiston march, and at eastern end of the Tinto range. For houses and yards -428 is given as all the area, and the rent being moderate, the accommodation may be so also ; and on the south-west corner of this extensive parish the elevation is con- siderable, as Whiteside-hill, 1139, is on the near north-east, and the Chapel-hill, 1044, is but a short way to the south-west. As the Stuart prince, James V., the " King of the Commons," the "Gudeman of Ballangeich," or the "Gaberlunzie" of ballad poetry of the day, roamed not a little in the district, having a mistress at the Boghouse of Crawfordjohn, and, it may be, another at the Bower of Wandell, this locality may have been named as it is, as also may have been the hill on west of Craw- fordjohn that overlooks the strath of the Spango. Parkhall and Maidengill (241-758) is the farm second in size in the Douglasdale estate, and held by one of a family who have been long prosperously located in the district, and whose history, and whose burial-place, has been noticed in the pages descriptive of Wiston and Roberton. In the map by Ross, of 1773, the engraving of a house appears on the small farms of Mount- Stewart and Maidengill, implying that they may have been of local importance then, as they scarcely now are. On map of Forrest, 1815, Maringill, Chapel, and Mount-Stewart are laid down as farm-steadings, but no note taken of Parkhall, which now occupies a commanding site on the slope of the hill above the highway, and the pretty ravine through which flows the burn of its name, the acres covered by which appears to be 3 - 758, that of Monks- water being only 3 '085. On Ordnance Index, Parkhall is given as a farm-house, Maidengill as a small farm- house ; the latter a shepherd's home, the former with an area of 1941 for houses, gardens, yards, etc., and the hills near by are of the greenest, the fences well kept, and all about befitting one of the best homesteads in Douglasdale. Gateside (241-753) farm stands highest on the rent-roll of Douglasdale, and is held by another member of the family alluded to as of Parkhall, Bodinlee, Biggar Park, and elsewhere. Gateside, a large farm-house, is the Ordnance designation, and 1*561 is given for area of houses, gardens, yards, with not a THE PARISH OF DOUGLAS. 163 little wood, and a good deal of arable about it. Ross has no note of Gateside, but has a place named Hardrig near the site where Forrest and the Ordnance surveyors place it; that is, a little way west of the old town of Douglas, above the road for Muirkirk, and under the Brown-hill, 1189, in the south-east. The acreage between the homestead of Gateside and the southern bank of the Douglas-water is of no great extent, but rich, fertile, and well wooded; the great acreage of the farm lies south, towards the moors of Crawfordjohn, the flanks of Auchensaugh, where lies the six-inch scale land of the Ordnance Survey. Considerable as appears to be the Gateside holding, it seems insufficient for the enterprising tenant, as his name is also found on the Crawford list; but that appears to be the rule with those prosperous flock-masters, as, while these pages are being ex- tended, one of the most intelligent of the friends of the writer, farm 7-56, in Crawford, has also become the successful bidder for farm 813, in the same district, conterminous with his present farms ; but the rent of which has swelled rapidly, the grandfather of the out-going tenant having paid £100 for it, he paying £280, and the sum now got, in open market, being £530, so that, if His Grace of Buccleuch is the most generous of land- lords, he would appear to be also one of the most prosperous. Townhead and Kirktondyke are small holdings in the vicinity of the town of Douglas, and not far from Gateside. Woodside farm (241) is of small extent, north of Douglas- water, nearly opposite to Uddington, and on Happendon-wood side, with *569 given as area for houses, garden, etc., and enough for the place it holds on the valuation roll of the parish. Coal- gill farm (241) is of moderate size, near to Castlemains, and held by the occupant of that hospitable house, as to be afterwards referred to. Broadleeholm is a small holding on north side the Douglas-water, and in a locality classic as the muster-place of the good Sir James the Douglas, of which romantic incident due notice is taken in one of the two papers given specially to the Douglas district in the third volume of this Work. Springhill farm is of small extent, near to the town, and in a well-enclosed and fertile section of the parish of Douglas. Bellshall is a small 164 THE UPPEK WARD OF LANARKSHIRE. pendicle or holding of land on the Lesmahagow border. Driver- holm is one, small also, but larger than Bellshall ; and notable as being held by one of the oldest of the families in the strath. Craigieburn is also a small holding, as is that of Uddington, near to the ancient hamlet of that name. Uddington, as an ancient hamlet, is pretty fully noticed in the Douglas notes in Vol. III.; but some reference may also be made to it here, as, even since 1859, the aspect of the place is changed, in that many of the ancient hovel-like cot-houses have given place to cottages more suited to the wants of even the labourers of this day; and lying, as they do, so near what was the coach-road from Douglas to Lanark, and not far from what is the terminus of the recently-opened railway, they look picturesque, and must be clean and all right, within and without, else the indulgent but order-compelling gentlemen of Castlemains or of Millbank would make the tenants give place to better members of society. There are some small holdings for house and land at Uddington, which, in possession of foresters or others employed on the home-farm and wide domain of the Douglas family, will make their position all the better, and the thatched cottages by the wayside, with the patches of gardens about, and the honey- suckle trailed by the window sills, do not detract from the beauty of the level holm on the Douglas-water, and the Main approach to the castle of Douglas. The story, antiquarian and archaeological, of the Douglas family, has been so fully noticed in pages preceding these, that the task of the present writer is wholly confmed to some brief description of the extensive domain now open to the tourist; and since the railway has penetrated within view of the main approach to the castle, not a few will be tempted to travel on and explore the attractions of a district which will well brook inspection. The woods in the parish of Douglas extend west- ward from where the Poneil joins the Douglas to where the Glespin-burn flows into the same water, some seven or eight miles from east to west; and full one-third of this extent, and where the strath is broadest, is occupied by the walled-in domain of the castle of Douglas. The approaches are many; that THE PARISH OF DOUGLAS. 165 ordinarily made use of, by the people in the town at least, enters by a gateway on the west, a porter opening to those permitted to enter, and, when within the avenue, trees, grounds, lakes, wood, water — all will compare favourably with the best kept domains to which the Scottish tourist has access. The offices are on the low level to the north, are of recent erection, com- plete in all arrangements, with the fault that the stalls have too seldom steeds within the spaces so handsomely fitted up for them. The extent of ornamental ground — the Ordnance phrase — within the domain is great; and the avenues and glades between the fine trees, old, large, and well placed, are broad, long, and give views of beauty at every turn. North of the avenue leading from the town is a sheet of water, with some trees in an island which adorns it; beyond are the stables; and on the slope farther is the modern castle of Douglas. The statist of 1791 relates "that the old castle was burnt by accident in 1760, and that the Duke of Douglas, in his lifetime, built one wing of a new castle, of very strong and elegant work, in which there are between fifty and sixty fine rooms. This wing was finished by Lord Douglas, but it still wants a front and another wing to complete the plan. The dining-room is a most elegant one, being forty and a-half feet long, twenty-five broad, and eighteen high. There is also a beautiful hanging stair, which is much admired by all people of taste." The late incumbent reported, in 1836, "that the celebrated architect Adam was employed by the Duke to build another castle (the one referred to above) on a scale of magnificence adequate to his high rank and ample property, to consist of two spacious sides or wings and a front, and that two-fifths of the plan was built before the Duke's death, and this wing was finished by the late Lord Douglas; the steps of the hanging stair, which is so greatly admired, being of a freestone, veined and clouded like beautiful marble/' Again : " In the grounds around the castle the spirit of improvement has been, for a number of years, in most active and successful operation, and under these tasteful improvements the place is every year exhibiting new beauties. The unseemly morass of several acres in the immediate vicinity of the castle, 166 THE UPPER WAED OF LANAP.KSHIEE. has been transformed into a lake, ornamented with finely wooded islands; and the extensive plantations have been formed in judicious adaptation to the grounds, and in accordance with the older woods; roads made, new lodges built, and numbers of people employed in carrying on extensive plans, by which the place is daily improving in value and in beauty." The gardens are extensive, and, as might be expected, are kept in excellent order. They lie across the Douglas-water, which intersects the domain, and over which a light and handsome bridge is thrown, to reach the gardens, which there lie well to the south and the south-east of the castle. As before noticed, the road from Edinburgh to Ayr is shown on the map by Ross as north of the Douglas-water, within the grounds of the castle, leading more directly to the Ayrshire boundary, near Parishholm ; and the traffic of the district could well dispense with a double line of road, as that from Udding- ton to Douglas, nearly as now travelled, also appears on the map for 1773. The Douglas family having been successful in closing up the road to the south ; they sought also to remove the ancient town of Douglas to a locality laid down on Forrest as Newtown of Douglas, within a short way of the Carmichael march, and which, had the kirk been removed there, would cer- tainly have been over far from Glespin, Kennox, or Parishholm. Even now, largely as the land of the strath is held by the Douglas family, the feuars — independent holders of house and land — are numerous in the ancient burgh-of-barony town of Douglas ; and as the Cameronian spirit — that of self-respect and maintenance of opinion — was strong in the district, there might be not a few who would at no price part with the vineyard — the kail-yard — their ancestors had left them. When the old kirk of St Bride ceased, in 1781, to be the place of worshij) for the people in the dale, another was built on a site near to the park walls, but which has so little of architectural adornment without, or neatness of fittings within, that the cost of the structure would bear lightly on the purse of the noble builder. The expression of Hamilton of Wishaw, in the beginning of last century, "that Douglas heth ane handsome church," certainly THE PARISH OF DOUGLAS. 167 does not apply to the present building, which is square-like, of considerable extent, yet, before the Disruption of the church, at least, insufficient for accommodation of the parish; and the galleries are so constructed as to have square pews in the front, some of the hearers sitting, it might be, both above their mini- ster and with their backs turned to him! The church, as to situation, dominates, stands above the town, yet is reached on the level from the turnpike road to the south by those coming from that quarter, but from the street south-west the ascent is steep enough. The Free Church is a commodious, neat, and well-filled place of worship, in the lower portion of the town, and near to the gateway into the castle. The church of the United Presbyterian body, originally of the Eelief section, stands a short way off the highway, and on south-west of the town; it was built about forty-six years ago, and its first pastor, the Eev. John Jamieson, has recently retired from his labours there; and one of the two papers on the district he so long ministered in, and which appears near the close of this Work, is from his pen. Besides being earnest in the faithful discharge of all his clerical duties, he is most amiable in private society, and although no longer resident in Douglasdale, there are few there in whose good opinion he does not stand very high. There were few papers contributed to the last Statistical Account of Scotland which more highly lauded their heritors than did that of the late incumbent of the parish of Douglas. At page 483 we read: "Distinguished as the ancient Douglases were for their valour and their martial spirit, their descendants of the present (1836) race are no less eminent for the manly and generous virtues which become their high rank, and few noble- men in the kingdom can be more deservedly respected and loved, as a landlord, a superior, or a friend, than the present Lord Douglas." Again, at page 487: "There are few parishes in Scot- land, if any, more fortunate in their proprietors than Douglas. Lord Douglas, to whom nine-tenths of the parish belongs, resides chiefly at Douglas Castle, takes the greatest interest in the improvement, not only of the lands in his own natural pos- session, but in every part of the estates in this district, and ] OS THE UPPER WARD OF LANARKSHIRE. stimulates the exertions of his tenantry by the most liberal yet judicious management. New and commodious houses and steadings have been recently built on almost every farm ; suit- able fences, chiefly of stone, are always readily granted ; clumps of plantations, each of several acres, have been set down and enclosed on the Store farms, for the protection of the sheep in the winter storms, and the face of the country has thus, within these few years, undergone the most decided improvement." The amiable statist adds: "No set of tenantry could be more worthy of such encouragement, or could more gratefully and cordially reciprocate it." It is to be regretted that a family so nobly discharging the duties of their exalted station should have almost passed away, the Douglas estates being now in possession of the Countess of Home, of the HirseL Berwickshire, but they are still under management — and long may they continue to be so — of the worthy Chamberlain, at the house of Castlemains, to whose excellence testimony has been already borne in these pages when describing the parish of Dolphington. The house of Castlemains is finely placed on the hill-side, above where of old stood the great posting-house — The Douglas Mill Inn — but cleared away, when the opening of the Cale- donian Eailway took the mail-coaches off the magnificent turn- pike which led from Carlisle, by Abington, Douglas-mill, and Hamilton, for the City of Glasgow. Castlemains commands a view of the lower strath of the Douglas-water, and of the large domain of the Lords of Douglas on the west ; while the woods of Happendon lie below, and at no great distance the ancient hamlet of Uddington, the old road from Ayr to Edinburgh running near to the park gate, and the terminus of the railway, just opened, being but a short way to the north. Nearer to the turnpike is the comfortable house of Millbank, where the hospi- table assistant of the occupant of Castlemains abides, and these pages are largely indebted to him for much of the most instruc- tive of the information gathered in this interesting district. Millbank is all that remains of the extensive range of buildings referred to as the great inn of the district, and from its roof have come not a few of the family, who now lie buried in their THE PARISH OF DOUGLAS. 169 own ground at Wiston, of which a woodcut has been given, and to the energy of their members, tribute has been paid in these pages. A footpath winds up the green hill-side from Millbank to Castlemains, and between the house and the road there is a well-kept garden, and one of considerable extent. New Mains is the homestead of the home-farm on the Douglas estate, and is excellent in all its extensive arrangements, as might be looked for where so much land is held in their own hands by the noble owners, and near to a domain so extensive and so well kept, and on an estate large enough to demand the supervision of a master of works — an architect of intelligence, as was the recent occupant, who, after many years of honourable employ, has gone to the Meams to farm largely on his own account. New Mains house stands south of the turnpike road, which divides it from the walled enclosure of the castle grounds, and the plot of ground between the dwelling and the road is a garden, a pretty one, and of some extent. The manse of the parish of Douglas stands to south of the turnpike as it approaches the town, and the late incumbent has put on record that, " of the liberality and kindness of the heritors he has had the most gratifying experience. In the summer of 1828 a new manse was built, after a plan by Mr Gillespie Graham, with a set of offices which, for elegance and extent of accommodation, may stand a comparison with any similar buildings in the county. An approach to the manse was made, and a handsome gate built, at the expense of the heritors, and the garden was enclosed with a substantial stone wall, of con- siderable height, at the expense of the late Lord Douglas. The glebe is extensive and valuable." Few respectable parties that found their way to Douglas but shared the hospitality of the accomplished and amiable clergyman, the Rev. Alex. Stewart, LL.D., who died Nov. 14, 1862, in the eighty-second year of his age; had been incumbent of the parish since 1820, and, when in Edinburgh, had earned a European reputation as the author, something more than the compiler, of works which have held their place in the schools for half-a-century. Just outside the town, on the hill-side to the south-west, are VOL. II. x 170 THE UPPER WARD OF LANARKSHIRE. two villa-like abodes which would be creditable to the environs of Edinburgh or Glasgow, and are the manses of the clergymen who minister in the United Presbyterian and Free Churches. Nor is the site and size of the dwellings alone notable, but the appearance of the fields towards the road, and the gardens near the houses, are also well enclosed and well kept. Across the highway, near to the town, and stretching to the southern bank of the Douglas-water, are the house, garden, and grounds of Crossburn, noted on Forrest in 1815 as the property of Howieson, Esq., who, a native of the little town, had practised as a medical man in India, amassed wealth, came home, married late in life, and his widow and children are now comfortably settled in Edinburgh — the estate of Crossburn, Douglas, being but a small portion of what the doctor left behind him; and well does the writer of these pages remember the hospitality of that member of the small society of Douglas. " Of the dead report only what is good " is a rule which may rarely be infringed upon with fair taste; yet knowing what society in Douglas is and has been for now many a year past, the writer of these pages must take exception at the remark made by the late statist, "as to the respectability of the inhabitants of Douglas, very few of whom are now above the rank of mechanics or labourers, and it were difficult to find a village of equal population so destitute of genteel or respectable society." This is rather bad from the minister, even although, as before quoted, he claimed the Lord of Douglas Castle "as a friend." Crossburn has been, during his incumbency, respectably occupied; the late proprietor of Springhill House, hard by, left of wealth — a plum; there are some respectable shopkeepers — merchants they are locally termed — in the district, owners of house and shop ; the village doctor is a man of means and of education ; few men in any manse were better informed or more pleasant to meet with than the late occupant of the U. P. manse ; education has been always good in Douglas town; and the number of young men who have gone thence and risen to influence and wealth in the world, has been great. The town of Douglas, from the gate of Crossburn House to THE PARISH OF DOUGLAS. 171 the gateway for the castle, may be nearly one mile, by a street narrow, steep, closely built upon, and in many places not a little picturesque. At St Bride's Kirk and kirk-yard there is some- thing of a square in appearance — that is, the houses built near it are a short way from the burial-ground ; those to the west, some generations ago, contained the hostelries of the town, one of some importance at that time; and on the south is a tall, narrow, small-windowed pile, quaintly named the Dungeon, and near it the jail, as referred to in paper in Vol. III., where further information on the locality may be found. The parochial school is large, as might be looked for, on the plateau near the parish church, and with due allowance of play-ground. In place of the large flock-masters keeping each a governess for instruction of their children, they clubbed together, and engaged a lady, thoroughly qualified for the duties, who keeps school in the town for the children of the upper-class farmers, who, having men and horses at command, have no difficulty in transporting the pupils to and from the academy. The Douglas Arms Inn is on the west, almost out of the town, and has superior accommodation for the district, with dancing-hall accommodation for the assemblies which take place now and again; and besides the inn, the town is well found in public-houses for all the lower grades of customers. There are two banks in the town, the Commercial and the City of Glasgow, both with excellent office accommodation, and each having an accountant to aid the agent. There is a gas company in the town, two policemen, one sheriff-officer, two booksellers, three insurance agents, two surgeons, and a company of the 94th Lanarkshire Volunteer Rifle Corps. The parish church is seated for 813, and for the seats not allo- cated, £8 to i?ll is collected yearly. The Free Church was built in 1845, and is seated for 950. The library in connection with the parish has upwards of 600 volumes; is supported by a collection made annually, and proceeds of a soiree occasionally held. The Free Church library in 1859 contained 900 volumes, and the subscription Is 6d per annum; the operatives, labourers, etc., on the Douglas estate have a library of 500 volumes — 172 THE UPPER WARD OF LANARKSHIRE. subscription, Is 6d yearly. Besides these, there are Sabbath school libraries in connection with the churches. The late incumbent of the adjoining parish of Crawfordjohn, in the Statistical Account produced by him in 1836, refers to "the inimitably -told stories and inexhaustible wit of the Eev. W. M'Cubbin of Douglas," who died in 1820; and to him is due the bon-mot of "produce the instruments and crave extracts " — so good as to have been produced and reproduced elsewhere, but as of this parish it may be here repeated. At an after- dinner meeting of the Lanark Presbytery, when the bottles got empty, the motion was made for more, which the minister of Douglas seemed slow to second, but, when appealed to, moved "that instruments be produced," etc. — that more bottles be brought in and their contents be decanted! It was the minis- terial rule of old to catechise their parishioners; and few "decent people" cared either to be absent or to be found unable to "say their questions." A farmer's wife, who felt diffident on the matter, took the manse on her way to the class-room ; got seated at the end of an outer bench, and when her turn came to speak out, whispered in ear of the catechist — " I left a fat hen with your wife." "Very well answered, Janet," was the clerical rejoinder. A teacher, still able to wield the birch, when a youth felt uneasy when his hour of presbyterial examination approached, but had a friend in the manse parlour — " The case will be a black one, John, if I can't pull you through;" "The kail's on the table," announced the minister's wife. The sederunt was short, and the shrift an easy one. Census Popula- Paupers Weekly Sum Total of tion. on Koll. Aliment. Allowed. Expenditure. 1791 1715 20 6d to Is £46 16 10 £71 1801 1730 25 6d to Is 6d 75 2 10 180 3 4 1811 1872 26 Is to 2s 102 17 145 16 1821 2195 42 Is to 2s 152 5 202 7 8 1831 2542 44 Is to 2s 6d 172 9 261 11 2 1841 2467 • • . 152 15 278 11 1 1861 2490 74 Mar. 23, '63. 585 8 5 A. M. I) () I' THE OF - THE PAEISH OF LESMAHAGOW Is second as to acreage, but first as to value in the Upper Ward of Lanarkshire, the area being, by Ordnance Survey, 41,533 • 549, that of Crawford 68,839 "442; and the rental of Lesmahagow 43,475£. Is. 8cl, of Crawford 11,250?. 4s. 3d, by valuation roll of 1858-9, in both cases exclusive of railway amounts. This large and important parish has the river Clyde for boun- dary on the east, from Waygateshaw southwards to Clydesgrove in Carluke; and Holmfoot to opposite Harperfield in Lanark parish; on the south, by the Douglas-water from Crookboat to the Ponfeigh-burn junction in Carmichael; and by the Poniel- water from Wolfcrooks westward to near the Ayrshire border below Auchinsilloch ; on the south-west by the parish of Muir- kirk, from near the dam of Glenbuck, at base of Cairn-hill, to Forrest's-cairn, but a short distance; thence north-west to Nether- Kypeside by Strathavon; and by Stonehouse north- easterwards to Cander- water, on the march of Dalserf parish; thence north-east to the Clyde at Waygateshaw in Carluke. The Old Statistical Account of 1792 describes the parish as being "of a broad, oval figure, the largest diameter being about fourteen miles, and the shortest about twelve." The recapitulation figures of the recent Ordnance Survey give 80-087 for railways, 234-844 water, 375-784 roads, 40,842-834 land — total, 41,533-549 of area. An analysis of the items of this report show 1193-847 moss, 668-426 meadow, 23,887-384 arable, 2190 ■ 682 heathy pasture, 1449-133 rough pasture, 1249502 pasture, 41-573 furze, 95-622 brushwood, 353-870 plantation, 2265-059 wood, 15-220 shrubbery, 35-442 garden, 55-463 orchard, the Clyde 159-606, water 35-208, burns 16-791, ponds 17'413, loch 5-079; roads, parish, 318-314, turnpike 44-677; ornamental ground 112-968, houses and gardens 136-269, coal-pits, 11-246, quarry 15-360, waste 32977, and these figures are topographically true of the parish. 174 THE UPPEK WARD OF LANARKSHIRE. On the Douglas, Muirkirk, and Strathavon borders, the hills are of considerable height and number; that of Nutberry, 1712, on the south-west, and source of the Nethan- water; Priesthill, 1615, on the Ayrshire march; Auchensilloch, mickle 1609, and little 1479, on the Douglas border; Auchengilloch, 1514, east of Strathavon, and at the head of the Kypes-water; Auchrobert- snout, 1193; Dunside-rig, 1308, source of the Logan-water; the Law, 1376, near head waters of the Poniel; Dillar-hill, 1017; Woodend, 1072; and a range of heights upwards from the Clyde to the water-shed for the vale of the Nethan. Reference has been already made to the large area the flood of the river Clyde occupies in the parish and eastward of the upland heights, and reference has also been made, when describ- ing the parish of Douglas, to the Poniel- water, as being of con- siderable size. The parish is chiefly drained by the Nethan- water (58), which, from Nutberry-hill to the Clyde, has a course north-eastward of about thirteen miles, and its banks, below the village of Abbeygreen in particular, are richly wooded, and of more than ordinary beauty. The Logan- water is next in impor- tance of the streams in the parish, but is scarce half the length of the Nethan, into which it flows. The Kypes-water is also of fair size, as it divides the parish on the west, and falls into the river Avon, above the village of Stonehouse ; and the burns are many, as might be looked for in a district so hilly and with such an acreage of meadow and moss. The great highway, formed by Telford about 1824, from Car- lisle to Glasgow, intersects the parish from the Douglas march to that of Dalserf, above the Avon and near the village of Stone- house. Another leading line of road leads near the margin of the river Clyde, from below Lanark, at Kirkfield-bank, to Nethan-foot, a short way south-west of Milton-Lockhart Bridge, and the latter is referred to in the Old Stat. Account of the parish, 1792, where the statist — his name is not given — remarks that "a bill is to be brought into Parliament for making a road from Lanark to Hamilton, to pass through this parish, along the banks of the Clyde, to wind along in a level course — to promote the internal intercourse, and entertain the passenger with a view THE PAEISH OF LESMAHAGOW. 175 of the most majestic natural scenery." Of the roads, the same statist remarks, "that they are steep and inconvenient, partly owing to the great inequality of the surface, and partly to a want of proper attention to the nature of the country at the first laying of them out." The parish road from Lanark, by Stone- byres-hill, to the main highway for the Abbey Green, below the house of Auchtyfardle, appears to be now what it was in 1792 — fairly kept, but hilly and narrow. The road by Kirkfield- bank for Carmichael and Douglas is like it, but those westward and north for Strathavon and Stonehouse are better, the traffic being greater and the district less hilly. Of 43,475?. on valuation 1858-9, 9834?. appears for the Hamilton, and 8555?. for the Blackwood estate; on that of Hamilton, the Auchenheath colliery — gas coal chiefly — appears for 6123?., and on the Blackwood property the coal and ironstone on this section of the Auchenheath field appears for 4768?. ; of the 2168?. for Auchlochan, 800?. was from the pits; of the 2127?. on the Douglas estate, the Nethanfoot colliery gave 412?.; of the 1273?. on Stockbriggs estate, 673?. was drawn from the minerals, and minor entries of like class, too numerous to detail here, show that to the development of the mineral resources of the parish is due the increase in value — the parish being rated in the Old Stat. Account at 7000?. only; the population in 1791 being 2810, in 1861 9266. The area occupied by the railways is considerable, being, sinking fractions, 80, Crawford 131, Carn- wath 79 ; but in the two latter the mileage for passenger traffic is great, here it appears to be for minerals wholly, and the loco- motive habits of the people are moderate, as there is no railway station within the parish, although they now are all around it; and coaches, neither many, large, nor fast, appear to suffice for this populous and prosperous district. Estate values— 9834?, 8555?, 2167?., 2127?., 1813?, 1273?, 940?, 707?., 703?, 699?, 512?, 498?, 461?, 441?, 353?, 315?, 312?, 296?, 230?, 224?, 215?, 204?, 200?, 193?, 190?, 186?, 182?, 179?, 166?, 156?, 140?, 140?, 139?, 136?, 131?, 131?, 127?., 122?, 122?, 122?, 119?, 114?, 113?, 103?, 100?, 100?, 96?, 95?, 92?, 90?, 87?., 85?, 80?, 80?, 78?, 76?, 74?, 74?, 72?, 176 THE UPPER WARD OF LANARKSHIRE. 72/, 72?., 70?., 68?., ml, 64?., 61/., 56/., 55/., 55/., 3 at 50/., 10 at 40?. to 50/., 23 at 30/. to 40/., and 34 at 20/. to 30/., showing, from the number of small proprietors, that the people have been of saving temper and of good habits. As to the farm rentals, in 1858-9 they read for 528/., 385/., 272/., 270/., 250/., 250/., 246/., 240/, 240/., 227/., 220/., 199/., 190/., 185/., 180/., 180/, 180/, 175/, 172/, 155/, 152/, 151/, 150/, 150/, 145/, 140/, 140/, 136/, 135/, 135/, 135/, 135/, 131/, 130/, 130/, 130/, 130/, 130/, 126/, 126/, 125/, 125/, 122/, 120/, 120/, 115/, 115/, 115/, 111/, 110/, 110/, 110/, 110/, 105/, 105/, 105/, 105/, 104/, 103/, 6 at 100/, 3 at 90/, 5 at 80/. to 86/, 12 at 70/. to 80/, 15 at 60/. to 70/, with a multitude of minor amounts; the homesteads being many, the farmers resident, and their pro- duce largely used up in their own district. Many of the minor projnletors are tillers of their own acres, and a considerable extent is farmed by the larger of the resident proprietors. The statist of 1792 reports that the northern corner of the parish is of a clayey nature, but light friable moulds are more frequent, here sandy, there stony and gravelly. The face of the country is everywhere uneven, on south and west mountainous, and the soil mossy and muirish. The mountain tops are green; on whole it is better adapted to pasturage than tillage. In a note the statist informs us "that by an old charter belonging to the monastery, a considerable quantity of wheat was payable from the neighbouring lands/' adding "that few people now attempt to cultivate wheat there." In 1792 there were several undivided commons of considerable extent, but all muirish grounds. The statist of 1834 — a landholder in the parish, and his paper, if short, is excellent — reported that the sheep kept on the high grounds, were of the old Scotch black-faced kind, weighing from ten to fifteen pounds imperial per quarter when fattened, being better fitted for the soil than the finer breeds. A. M. THE PARISH OF LESMAHAGO. 177 NAME. Lesmachute, Lesmahagu, Lesmahgow, Lesmahagw, Lesma- hagoe, Lesmahago. The name of this parish is derived from St Machutus or St Maclou, to whom its church was dedicated. The latter is men- tioned in some old charters as Ecclesia Machuti. Chalmers derives the first syllable of the word from the British Lys or Les, an enclosed place, a court, or hall; and others from Les or Lis, a green or garden. Both of these conjectures are, how- ever, very improbable; for, independent of the fact that both the Celtic words referred to are spelt with a double 1, the sound of which is not represented by the syllable Les, this church does not appear in the list of those found by the well-known inqui- sition of King David, when Prince of Cumbria, to have belonged of old to the see of Glasgow. The parish, therefore, was in all probability not erected till the eleventh century, when the Celtic language had ceased to be that of the district. A much more simple explanation of the matter is, moreover, found in the common contraction Le S. Machute, which, written con- tinuously, becomes Lesmachute. Both of these forms occur in the charters connected with the parish ; and this idea is strength- ened by the fact that the knowledge of the saint was derived from France, where he died and was canonised. Machutus enjoyed considerable popularity as a saint. His festival occurs on the loth of November, not only in the Aberdeen Breviary, but also in the existing Anglican Calendar. He was of British, or, accordiug to Ribadeneira, of Scottish, i.e., Irish, extraction, and was born in the church of the abbey of Llan Carvan, in Glamor- ganshire, whither his mother had gone to attend the service on Easter Eve. He was baptized, educated, and admitted into holy orders by St Brendan, the abbot of this monastery, and accom- panied him in his romantic voyage to discover an island where men led an angelic life, of which a rumour at that time ran through the world. On his return, he went to Brittany, and at Aleth associated himself with a hermit of the name of Aaron. The inhabitants of the surrounding region subsequently forced him to become their bishop. He was, however, persecuted by VOL. II. Y 178 THE UPPEE WARD OF LANARKSHIRE. the seigneur of the country, and, in consequence, took refuge with St Leontius at Zaintes, in Acquitaine. He was afterwards recalled, but on the approach of death again withdrew to Zaintes, where he expired, according to some accounts in 565, or, as others with more probability assert, in 630. He was first interred at Zaintes, where St Leontius erected a church over his tomb. His reliques were afterwards removed, 1st, to Aleth; 2d, on the transference of the see to St Malo, they were conveyed to that city, which takes its name from Machutus; finally, on the invasion of the Normans, they were carried to Paris, and deposited with those of his cousin, St Magloire, in the church of St Jacques. In the Statistical Account it is stated that Machutus settled at Lesmahago, but none of his biographers give the smallest sanction to such an idea. There can be no doubt, however, that in the fourteenth century the priory of Lesmahago was believed to possess at least a portion of his reliques, as in a charter of Robert the Bruce his tomb is mentioned as existing there. A statement of Lobineau, how- ever, shows that this is quite possible, and by no means incon- sistent with the fact that some of his remains were preserved in Paris in 1745, for he tells us that Hugh Capet permitted the British monks to remove part of the reliques of St Machutus to their own country. In the sixteenth century, King James V. obtained a bone of St Mahago, and expended nearly . 2d. Charitable donations. — " Charite of the sauld beir," 3 bolls, 2 firlots. To poor folks, 4 bolls meal. To the friars of Lanark, 4 bolls meal. To the Blackfriars of Glasgow, 2 bolls. To the Greyfriars of the same city, 4 bolls. 3d. Money paid to the Lord Abbot — David Hog to my Lord's purse, ipso presenti et fatente solutionem, £60 Robert Shaw, for my Lord's purse, .... 40 My Lord's furnessing and expenses in Glas- gow in March, 16 16 10 To my Lord's self, that samin time in Glas- gow, playing at the cairtis, 7 4 To Walter Balfour, purse-master to my Lord, in his presence, 76 To my Lord, 36 16 Summa, £216 16 10 188 THE UPPER WARD OF LANARKSHIRE. 4th. Incidental outlay — Expenses of my Lord, his servants and horses, coming to Lesmahago in November, 2 chalders, 2 bolls of oats. My Lord's expenses being in Lesmahago, =£125. Expenses of my Lord's commissioners and servitors being in Lesmahago in December, for resaving the feu-silver of Kylis- mure, barley, 3 bolls, 3 pecks; meal, 3 bolls; money, =£14 4s. 5th. Expenses of collection. — The chamberlain's fee, 5 bolls of barley and 12 bolls of meal, with an allowance of =£10 13s 4d for " his expenses in doing and riding my Lord's besines sundrie times, mending of ane bell, boyis wages rynnand errands, rasing of letters of summondis and cursings, and serving thairof ; and to Schir George Ker, curate, expensis ryding to Dumfries doing my Lord's besines." Not the least curious circumstance connected with this inte- resting account, is the fact that the chamberlain entrusted with the collection and disbursement of this immense sum of money, which represents a much larger value than the same nominal amount would now do, could not sign his name, but attests the settlement with the aid of a notary, signing in the following manner, " John Weir, with my hand led at the 'pen be Maister Walter Balfour, notare publict." Between 1554 and 1560, the Earl of Glencairn obtained from Mary of Loraine, the Queen Kegent, the liferent of the priory of Lesmahago for his son, James Cunningham, and this grant was confirmed by her daughter, Queen Marie Stewart, in 1561 {Privy Seed Reg., XXX., 55). He must, however, have died before 1566-7, as, on the 6th of February in that year, Queen Mary granted the monastery of Kelso and the cell of Lesma- hago, which had fallen to the Crown by the decease of William Ker, the commendator thereof, to Francis Stewart, the infant son of her bastard brother John, who was afterwards created Earl of Bothwell (Ibid, XXXV., 116). An Act of Parliament was passed in 1587 annexing to the Crown the temporalities of all benefices, but the above grant was exempted from its pro- visions by a subsequent statute, passed in 1592 (Act Pari, III., 431, 587). On the forfeiture of the Earl of Bothwell in 1593, THE PARISH OF LESMAHAGO. 189 the priory of Lesmaliago again reverted to the Crown, but it was, along with the other possessions of the abbey of Kelso, granted by Act of Parliament to Robert, Lord Roxburgh, after- wards Earl of the same, on the 11th of August, 1607, and his title thereto was again ratified by Parliament in 1621 (Ibid, IV., 3, 399, 639). He, however, sold the priory of Lesmaliago and the patronage of the church and chapels in the parish to the Marquis of Hamilton before the 5th of May, 1625 (Inquis. Spec, 149). When Francis, the son of the Earl of Bothwell, was restored in 1633, a clause was inserted in the Act of Rehabili- tation specially exempting from its operation the rights of the Marquis of Hamilton to these advowsons, which have ever since remained in the possession of this ducal family (Act Pari, V., 55). At the Reformation, Mr Robert Lethe was appointed minister, with a stipend of 100 merks (Book of Ministers, 1572). Mr James Hamilton held the benefice in 1624 (Pres. Rec.) We learn from a tax relief roll for behoof of the Earl of Roxburgh in 1630, that the stipend was then i?200 and 4 chalders, which was paid by James Durhame of Duntarvie, who was tacksman of the greater part of the teinds, amounting to 41 chalders, 12 bolls; the remainder being in the possession of the Marquis of Hamilton. The minutes of the Presbytery of Lanark, on the 25th September, 1631, contain the following entry: — " Quilk day Mr Robert Hamilton, sone lawfull of the umquhyle Mr James Hamiltoun (who was present at the last clay, 25th August), desyrit of the brethers ane testimoniall of his qualifications to labour in the wark of the ministrie, and that they would appoynt commission- ers to speek my Lady Marquess now in the absence of my Lord Marquess, that he mycht be preferred to the kirk of Lesmahego, quhair his father served befoir." The prayer of this petition was granted. Mr Robert Hamilton adhered to the prelatic party in the crisis of 1638-9, and addressed to the Presbytery a letter, which was laid before the meeting of that body on the 31st January of the latter year, and is noticed as follows in the minutes thereof: — "The quilk day there is a letter pre- sented from Mr Robert Hamiltone, direct to the Presbyterie, 190 THE UPPER WARD OF LANARKSHIRE. quherin most insolentlie he professes his contempt of the As- semble, and that he myndes to continew in preaching notwith- standing of his deposition; qnherfoir he is ordained to be summoned to compeer befoir the Presbyterie to hear the censure of the kirk proceed against him unto excommunication." In consequence of the course taken by Mr Hamilton, the parish was not represented in the important meeting of the Presbytery on the 18th of July, 1639. Mr John Hume was admitted minister on 16th December, 1641, and held the benefice for upwards of a quarter of a century (Pres. Rec.) About 1644 an arrangement was made between the Presbytery and the Duke of Hamilton, as patron and titular, for making the church of Lesmahago a collegiate one. On the 4th of January of that year, there was laid before the Presbytery a " Presentation from my Lord Duke of Hamilton of Mr Grawin Hamilton to the church of Lesmahago, to serve the cure thereof with Mr John Hume; which presentation the brethren, although they do not accept or reject it, doth not satisfy the agreed upon conditions betwixt my Lord and their commissioners, which was 4 chalders of victual and 400 merks to the entrant, without diminution to Mr John Hume, yet they retain it as a preparation conducing to the planting of the church" (Pres. Rec.) From this period the parish enjoyed the services of two ministers, but the remu- neration of the second was not definitely fixed till the epoch of the Revolution, when Anne, Duchess of Hamilton, settled a stipend upon the second minister equal to that enjoyed by the first, and provided him with a manse and garden — he has no glebe (Scot's Mag., 1773, p. 5). Mr Robert Semple was ad- mitted second minister on the 18th of May, 1648. In 1633, Mr Thomas Lawrie was expelled from the cure of Lesmahago by the Government (Wodrow, I., 326). Mr Robert Lockhart was appointed to the second charge on the 1st of September, 1669 (Pres. Rec.) Mr James Gillon was instituted minister of Lesmahago on the 23d of May, 1677; and Mr Alexander Douglas was transported from here to Douglas on the 3d of January, 1682 (Ibid). At the Revolution, Mr Thomas Linning was ordained to the first charge in Lesmahago. Struthers, in THE PAEISH OF LESMAHAGO. 191 his " History of Scotland," narrates some particulars regarding him. He was educated as a Cameronian, and maintained by the " Societies" for a considerable time at his studies at Embden. He returned home along with Mr William Boyd, another student, and being freed from molestation by the flight of King James, they renewed the Covenants and dispensed the sacraments to a vast multitude at Borland Hill in the month of March, 1 689. Upon the meeting of the first General Assembly after the Revo- lution, in October, 1690, they gave in proposals for removing obstructions which lay in the way of comfortable fellowship with the church, but finally submitted to the decision of the Assembly. He died in October, 1733. Mr Robert Black was admitted second minister in 1703 (Pres. Rec), and retained that office till 1715, when he was translated to the charge of the Scottish congregation at Rotterdam. The records of the Presbytery of Lanark contain many inte- resting entries relative to the parish of Lesmahago. On the 10th of July, 1623, Besse Sniythe appeared, and con- fessed " hir charming of the heart feavers, and that by knielling they socht thair healthe for Godes saik, and that she appoyntit thame the wayburn leaf to be eattin nyne morningis. The words of the charm are — 'for Godes saik, for Sanct Spirit, for St Dikit, for the nyne maidens that died into the buirtree, into the Ledy- well bank, this charm to be buik and beil to me ; God that sua be.' ' In the following year, George Weir of Blackwood was sum- moned for burying within the kirk. The parish contributed ^40 to the general collection in aid of the town of Dunfermline. On the 23d of June, 1642, Daniel Weir of Auchtifardill "did regrate that Margaret Weir, his daughter, in time of the trubbles, had, through moyane, stolen out a decreet against him, in absence of his advocate, to his great prejudice;" and petitioned the Pres- bytery "to inform the Lords of her ungodly and unchristian conversation." It was ordered that a testimonial in his favour be drawn up and signed by the whole members. Certainly a most strange interference with the course of civil justice and the proceedings of the secular courts. 192 THE UPPER WARD OP LANARKSHIRE. On the 11th of August in the same year, the minister repre- sented "that Margaret Tamson, relict of umquhile Robert M'Cas- kine, somtyme kirk officer, dis usurp that office as excquatrix of her husband (ane other being chosen), contrare to the Acts of the Session, and will no wayes desist therefrom except she be com- pelled. She appeared at a subsequent diet, and was ordered to return home, give satisfaction to the session for her presumption, and desist from the office in all tym coming, under the paine of the hiest censure of the kirk." 1st May, 1645. — James Tweddale, in Lesmahago, acknow- ledged " his fault in excessive, untymous, and nights' drinking, especiallie on the Lord's day;" and became bound under the pain of £4<0 to give obedience to the session, " and not to be found in the like." John Harvie, having acknowledged his guiltiness in consulting with Mr David Henderson for stolen money, and Adam Weir his, in consulting with the same person anent his brother that died in a water and was not found; they were, on the 11th Feb- ruary, 1647, ordained to satisfy the session of Lesmahago. Marion Crawford, in Lesmahago, suspect of witchcraft, ap- peared before the Presbytery on the 13th May of the same year, who, " because there is nothing confessed be her nor attested by witnesses against her," appointed " Mr John Hoom to use diligence for trieing her carriage befoir his awin session." On the 27th of the same month, he reports that he is pro- ceeding in tryall against her. As no other mention of this case occurs, it woidd appear that the poor woman was no further molested. On the 6th of July, 1648, Mr Hume gave in a "complaint against Thomas Weir, cornet to James Conynghame, reet- master, that on the last Lord's day, being the 2d of July, the last day of the solemne fast, in the time of Divine worshippe, when he was speaking of the causes of the fast, and in speciall of the ill of compliance, quherby he avowed that more trust was given to malignants who were once enemies to the Covenant, some whereof had not yet subscribed the Covenant, and whose hands had been embrued in the blood of God's covenanted THE PARISH OF LESMAHAGO. 193 people, than to the faithful servants of Christ, and those who had beene constant in following out the ends of the Covenant. Whereat he, perceiving (as diverse times before) the said Thomas gireing and laughing, did, in a modest manner, rebuke his irreverent carriage as not beseeming that solemne day, meeting, and occasion; whereupon the said Thomas rose up in his seat, put his hand to his sword, and, with ane horrible oath, gave him three times together a most odious lie, whereby the wor- shippe of God had almost been marred through the uproar of souldiers and the tumult of the people; but the same being compesced, he went on in his doctrine, and the said Thomas went out of the kirke." For this offence Weir was summoned before the Presbytery, but the process was stayed on the 31st of August, it being uncertain whether he was alive, because of the battle at Preston in England. He had, however, escaped, and appeared before the Presbytery on the 23d of November, when he gave in a supplication, praying them "to commiserat his dooleful and desolat condition, and grant to him an entrie into Christ's kirk;" promising, by God's grace, in most submisse reverence, to render all required satisfaction with humilitie ; and for the time to come, by the Lord's assistance, to walke in a Christian behaviour as a penitent sinner; and, in particular, so farre as in him lyeth, to be observant of the Covenant too long slighted by him, and nevir to engage against the same with anie enemie, under whatsomever pretence or colour. He was or- dained to confer with the ministers of Lesmahago, and evidence his repentance to them. On the 7th December they reported that he had spoken with sundrie Christians, and that he had evidenced his repentance and griefe of heart to themselves in privat, and to the session, and also in the publict hearing of the congregation. Thereupon the Presbytery advised the session to "exped his absolution." There being in the parish one Archibald Mackwharrie, who, when a soldier under the command of Lieutenant- Colonel Lockhart, had, three or four years previously, killed a soldier at Glasgow, the Presbytery, on the 3d of May, 1649, instructed Mr Hume to proceed against him by one admonition and two vol. ii. 2 a ] 94 THE UPPER WARD OF LANARKSHIRE. publict prayers, and thereafter to excommunicate him if he do not appear before the Presbytery and give obedience. On the 25th of October of the same year, Archibald Elliot, in Lesmahago, having confessed his malignancie in going out in the late unlawful engagement, and professed his deep sorrow, he was recommended to speak with his ministers. On the 10th of January, 1650, sentence of excommunication was pronounced against James Thomson, John Jamie, and Archibald Mackwharrie, as, after long delay, "they were so farre from giving signs of repentance for their sinne, that the said James was found diverse times drunk since the Act of Presby- tery; likewise the said John Jamie was found to continue in his impietie, neglect of duetie to his wife and mother, in con- tinuall drinking; the said Archibald was found likewise to continue in his sinne of drunkennesse, whereby he hath undone his state and familie." Intimation of this sentence was ordered to be given in the several kirks within the bounds, that "none might keepe fellowship with the said excommunicat persons." Complaints having come to the brethren of horrible inso- lencies, abuses, and plunderings of some soulcliers and officers of the new levie, and of a fearful murther committed by one of the souldiers, who, for no cause, murthered a gratious young man in the paroch of Lesmahago, they, on the 21st of August, 1651, desired Mr Hume to go to the committee of the shire, make known to them the said particulars, and desire them to doe justice. On the 30th April, 1657, Kathrein Hamilton, George Weir, her son, and Katherine and Janet Weir, her daughters, were solemnly excommunicated as Quakers. This act of severity appears to have induced John Brown, in Raw, and probably some others, to conform and be baptized, but it failed to put an end to the existence of the sect in the parish, and Brown him- self subsequently relapsed, and was, along with Robert Shirri- law, in Draffan, excommunicated in 1702 for adhering to the doctrines of the Society of Friends. The Laird of Corhouse, younger, and his wife, were censured, on the 6th of August, 1657, "for their scandalous way of mar- THE PAEISH OF LESMAHAGO. 195 riage, qlk was unorderly and not according to the Actes of the Church." On the 10th of January, 1667, the Presbytery proceeded to try the truth of the allegation made by Helen Martin, in the parish of Carluke, that John Smith, in that of Lesmahago, had promised her marriage, which she referred to his oath; when he, after being gravely spoken to anent the danger of foreswearing himself, in end did declare upon his oath that he did give her no promise at all. James Nichol, in burn of Blackwood, was, on the 15th of July, 1702, summoned before the Presbytery, "for convening a multitude of people to his wedding, contrarie to the Acts of the Church thereanent, where scandalous abuses were committed." A committee appointed to examine the session book k reported, on 26th June, 1656, "that they could give no account, because, instead of the book, onlie minutes were offered to them ; " where- upon the Presbytery ordered it to be filled up. Its condition was, however, approved of in July, 1694. The existing session records commence in the year 1651, and have been kept with great regularity since that date, although several hiati and blanks occur. We are indebted to John Greenshields, Esq., younger of Kerse, for the following able epitome and analysis of their contents, which affords many interesting illustrations of the domestic manners of the period : — "One of the first entries contains an order of session, that 'all the gathering for the schoolmaster, gif it excedie a hunder punds, to go to ye poor.' There were twenty-four persons on the roll of paupers, the highest sum given being at the rate of £3 8s 8d Scots, which it is believed was payable quarterly, or about i?13 Scots per year. Drunkenness was prevalent, and the session applied itself vigorously to suppress it. In many in- stances the persons offending paid a fine of about £6 Scots, and stood in the public place of repentance in the kirk on the Sabbath-day. Several persons were censured for slaying sheep, grinding corn, and carrying loads on the Lord's-day. On the 4th of August, 1652, the session ordered that 'the schoole should have the vacans for a month,' and that ' there should be 196 THE UPPEE WAED OF LANAEKSHIEE. no mor week-day's preaching until the harvest be past.' On the 5th of September, 1652, the session ordained that 'there should be intimation made on the next Lord's -day that the Wednesday sermon should begin on Wednesday com eight days.' There are minutes to show that for three years previous to 1652 the sacrament had not been dispensed. In 1653 the examina- tion is ordained to be begun to prepare the people for the communion. In 1655 the desire of the session is expressed for the communion, and both ministers stated their willingness to celebrate it, ' soe soon as they have their scruples taken away by the advice of grave brethren, and ye congregation prepared for their part.' In the following year the session ordained that 'all throughout the parish, both great and small, sal be catechised, and those who will not give an account of their knowledge shall be debarred from the communion.' There are numerous dis- putes about seats in the church. On one occasion, 'for taking away a debate,' the session ordains that 'neither of the claimants sail have a ryt to it/ From a minute of the 2d of May, 1653, it would appear that some of the congregation remained covered in church. 'Compears Thomas Porter, and clenys that he tuke Nichol Hodgeson's bonnet off his head on ye Sabbath-day, and cast it on the kirke floor, and that he fought with ye said Nichol in the seat of the common loft.' After proof, however, the session ordained ' Thomas Porter to go to the public place ye next Lords-day, and there he confesses his breach of Sabbath before the congregation/ Common assaults were also occa- sionally brought before the session, but were generally remitted to the civil judge. For instance, on the 2d of September, 1653, it is minuted, 'This day William Douglas compears, and out of his own mouth declares that William Menzies met him in ye way over against Fockartoune Mylne, and did pull him down off his horse, and rent his cloak, saying to him that he had wronged him in buying the Falhous croppe over his head, and that William Menzies had a baton, whilk William Douo-las took from him, and has it by him. The session, hearing William Douglas stand to this whilk he has declared, does declare that any further dealings with it belongs not to them, but to the civil judge.' THE PARISH OF LESMAHAGO. 197 Many entries relate to the praiseworthy efforts of the ministers and kirk-session to promote education by means of the parochial school. It would appear that the schoolmaster was indifferently paid. In 1G53 Mr Alexander Kinnier being recommended to the office of schoolmaster, 'the session is content to embrace him, on condition that he will take his ventur of the school and casualties/ Same year they obliged themselves to pay him ^50 Scots for half a-year, beside the common casualties, which casualties are known from other sources to have consisted of the birds killed at the annual fight in the cock loft of the church, etc. Two years afterwards the session agreed with Mr Thomas Ferguson to be schoolmaster for i?100 Scots of total stipend, with accustomed casualties; and it is added, 'Lykeways ye session, taking into their consideration that Mr Thomas's school has been very nauchtie, and scarce worth the waiting upon, they have added out of everie consignation of marriage one grotte, and if the school shall be found no better in time coming than it has been in time bygane, that ye session shall consider Mr Thomas something out of the boxes/ In 1G56 the session ordained 'the visitation of change-houses, to begin upon the next Sabbath, by ane elder and a deacon, in tyme of Divine service/ In the previous year it had been ordained that all the change-house keepers, eighteen in number, that sold drink to excommunicated persons should be cited. There is no mention of whisky in these records, home-brewed ale and beer were the only drinks, and tradition has handed down that a decoction of broom was substituted for hops. Tobacco is only once men- tioned. In 1055 the price of a 'sarke' was thirty-two shillings; an ell of clothe, for a poor blind lad in Fockartoune, twenty- eight shillings. Base coin was abundant, for it was reported that 'there was in the box, of corrupt money called doyts, 37s.' The price of a Bible ranged from lGs to £1; a Psalm Book cost about 5s Scots; and a Bible with proof of Catechism, £1 8s. Many of these were distributed to the poor. The nursing of a child cost £4* a-year; a winding-sheet, <£! 4s; and making mortclothes and a harn gown for scandallous persons, £4i 4s Gd. Poor beggars unable to walk were carried from door to door, 198 THE UPPER WARD OF LANARKSHIRE. and the parish paid for the barrow, which cost 6s. A coat (petticoat?), composed of two ells of grey, cost £1 10s; and three ells of harn, to be a shirt, 16s 6d. The carrier who brought the commimion cups presented by the tutor of Blackwood from Edinburgh, received for carriage 14s. Margaret Meikei in Caraduff, 'who was helpful to honest folk in time of persecu- tion/ received £3; and James Cliland, for mending a poor child's arm, £2. Many persons travelled about with recom- mendations from the Presbytery, Synod, and General Assembly, and received aid from the parochial funds; and poor strangers, at the time of the communion, were always remembered. There were many cases of persons relieved who had suffered during the civil wars; some 'berried,' as the expression runs, others who had been ' despoiled of goods in the tyme of persecution,' and one man 'tortured.' The church officer seems to have made frequent claims, not only for oil, but for candle to the clock, the latter being probably used in inspecting the works. The following, among many entries, illustrate the expense of burials in 1694: 'To Thomas Penner, church officer, yearly, for keeping the mortclothes, £3 6s 8d ; item for his shoes, £2 4s ; for ringing ye bell, .£4. To Barbara Morrisan for keeping and dressing the mortclothes for three years, £12; item for making the new cloth mortcloth, £1 10s. Given out for a new mort- cloth and furniture thereunto, £114 16s. To help to buy a dead shift for a pauper, £1 9s. For ail to ye deceast when lying sicke, £2 2s 4cl. Pour ounce of black silk, at £1 the ounce, for the mortcloth. For making horsecloth to the litter, £1 16s; for thread, etc., to make them, 12s. For 1 ounce of thread, 2s. For carrying the mortcloth to a poor woman, 4s.' " It has generally been supposed that, as the church of the parish was converted into the priory of Lesmahago, it stood on the same site. This, however, appears to be a mistake. An attentive perusal of the charter of King David shows that the cell existed previously; that the monks of Kelso had, before its date, occupied a portion of the crown lands of the parish ; and that the charter in question only confirmed their possession, and elected their establishment into a priori/. As this deed refers THE PARISH OF LESMAHAGO. 199 to the church as a separate holding, and conveys it to the abbey, we may be certain that it occupied a site different from the conventual buildings. What that site was seems to be indi- cated by the mention of the Kirkburn and similar names, which we meet with in the earliest charters connected with the priory, pointing to a position overlooking the vale of the Clyde, and not one of its tributary streams. When the priory was established, and the church conveyed to it, the monks of course made their conventual chapel the church of the parish, and the original edifice became a chapel in dependence on it, and in laj)se of time became known as the chapel of Greenrig or Dovane. The conventual church and buildings were situated at Abbey Green. The original structure was burnt, as already mentioned, by John of Eltham in 1335. It was, however, restored a short time afterwards; but was, in a great measure, destroyed by the Reformers in 1561. The extent of the injury then inflicted has not been recorded, but it must have been nearly total. After the Reformation, the building was again restored, and used as the parish church. Ghalmers describes it, in its altered state, as "dark and inconvenient." The only part of the old building which remained was a square tower. The following is a descrip- tion of the church as it appeared in 1773: — "The main entry is from the west, below a large square steeple. The church has four aisles" (more properly transepts) "adjoining to it, two on the south and two on the north. The aisle to the north, and next to the steeple, belongs to Weir of Blackwood, and was built in 1595. The arms of the family are yet to be seen on it. The aisle opposite to it, on the south, called Durham's, was built, I imagine, about the same time, by Durham of Duntarvet. The other aisle to the south belongs to the proprietors of Corehouse; and the one to the north to the family of Weir of Stonebyres, built in the year 1725." This building was, in its turn, removed in 1804, and replaced by the present church. In its vicinity a vault, a cistern, and other remains of the conventual buildings have been from time to time discovered. Originally there was a large open space in front of the western door, from which the surrounding village received its name of Abbey Green. When 200 THE UPPER WARD OP LANARKSHIRE. the alterations were made in 1804, a pair of snuffers, of the six- teenth century, bearing the arms of the town of Rostock in Germany, were found in the course of demolishing the older structure, which are still carefully preserved. Previous to the Reformation, there were in this extensive parish several chapels and places of worship in addition to the conventual church and that at Greinrig, already mentioned. About the middle of the twelfth century, Arnold, abbot of Kelso, granted to Lambyn Asa the lands of Draffane and a chapel therein, with service three days in the week, but with the condition that on the principal feasts the people " should come to the mother church." Et capellam in illd terra et in eel singulis ebdomadibus, tribus diebus servicium, scilicet in festis princi- palibus ad matrem ecelesiam veniant (Lib. de Col., 75, 102 J. Another chapel stood in the lands of Blackwood, at a place still retaining the name ; and a third was situated at Chapelhill, a short distance from the priory. The chapel of St Bride of Kype, in Strathaven parish, also belonged to the cell of Lesmahago, and had probably attached to it the religious care of a portion of the inhabitants of the latter residing at Kypeside and other places near the boundary between them. Civil Affairs. The Barony. — The lands of Lesmahago appear to have belonged to the Crown till 1113, when David I. bestowed them, as well as the church, on the monastery of Kelso, and declared them to be granted with "all pertinents in the wood and in the open, in bogs and marshes, in meadows and waters, in mills and other buildings and mansions." Cam omnibus pertinenciis in bosco et piano, in moris et mariscis in pascuis et acquis, in molendinis et in ceteris edificiis et mansionibus const ruendis in terra sua prout eis libuit. The lands were to be held free, on condition that the monks should pray for the weal of the King's soul, and of those of his ancestors and successors (Lib. de Cal., 9, 8; Robertsons Index, 24, 15). This grant was twice confirmed by William the Lyon, who also granted a charter by which he declared that the prior of Les- mahago .should have all his born-men who have fled from THE PARISH OF LESMAHAGO. 201 thence and which he may find beyond ext a my domains, and prohibited every one from detaining any of them unjustly (Lib. de Gal, 11,12; 14,13; 312,402). In 1235 Alexander II. bestowed on the prior and convent the privilege of holding their lands of Lesmahago in free forestery, and forbade any one to cut wood or hunt therein under a penalty of £\0 (Ibid, 10; 10). The first mention of Lesmahago as a barony occurs in the retour of an inquest held in the year 1259 (Act Pari, I., after Preface, 89). Their title to it was again confirmed to the abbot and monks of Kelso by David II. (Robertson's Index, 41). They also obtained from the same King a charter freeing these lands from all imposts (Ibid, 63). The office of bailie of Lesmahago was held by Rotaldus AVer in 1398 and 1400 (Lib. de Gal, 409, 517; 413, 523). It was, however, granted by Abbot Allan, on the 10th of October, 1456, to James, first Lord Hamilton, in heritage (Wishaw, 66). James, first Earl of Arran, conveyed it to his illegitimate son, Sir James Hamilton, who had a confirmation of it under the Great Seal in 1532 (Reg. Mag. Sig., XXIV., 252), but was forfeited in 1540. His son obtained a reversal of the attainder in 1543, but only on condition that this office and other pro- perty, which it was alleged Sir James had improperly obtained, should be restored to the second Earl of Arran (see Grawford- john; Act Pari, II., 499). The revenue which the monastery of Kelso drew from the barony of Lesmahago in 1567 was =£ ) 144 3s 6d, including 6s 8d for "fishing in the Clyde/' and £1 0s lOd from a house in the burgh of Lanark (Lib. de Cat., 492). After the Reformation, the barony, along with the other pos- sessions of the cell of Lesmahago, was granted in succession to James Cunningham, son of the Earl of Glencairn, Francis, Earl of Bothwell, and Robert, Earl of Roxburgh, and was sold by the latter to the Marquis of Hamilton, by whose descendants it is still possessed (see ante, II., p. 173). Minor Holdings. — The prior and brethren of Lesmahago appear to have managed their extensive barony on the same VOL. II. 2 B •202 THE UPPER WARD OF LANARKSHIRE. system which was adopted by other monastic bodies in Scotland, and which has been most ably described by Mr Cosmo Innes in his " Scotland in the Middle Ages" (p. 138, et seq.) They held a considerable portion in their own hands, which they cultivated by the aid of their serfs and villeins. A large portion was let to tenants, who were styled " husbandmen," but the great bulk of the lands were bestowed on vassal proprietors. These may be divided into two classes: those possessing comparatively small holdings, who are generally described in the abbey charters as "■Homines Nostri," and those whose property was so large that they again had sub-vassals under them. Both these classes were numerous in Lesmahago, and the holdings were often changed; the priory continually making exchanges, resuming, and again granting investiture of many of them. The size of the present Work will therefore compel us to confine our notices to the most important of those minor holdings, and more particularly to those the holders of which are mentioned in the historic por- tion of our public records. Draffane or Draffan. — This appears to have existed as a separate property before the establishment of the cell, as William the Lyon, 1165-1214, twice confirmed to God, St Mary of Kelso, and St Machutus of Lesmahago, and the monks serving there, "the gift which William Comyn made to them of that land which was in dispute between the said William and the abbot of Kelso" (Lib. tie Cal, 10, 9; 11, 13). The charter of this William Comyn is referred to in a subsequent grant of this property as defining the bounds thereof (Ibid, 76, 103). Abbot Arnold, 1147-1160, granted to Lambyn Asa (see Lamington), in free feu, the lands of Draffane and Dardarach. The charter is a bounding one, and describes the marches as follows : " As the brook Wascellus which falls from the moss of Carnegogyl descends into the water called Candouer, up the Candouer to the burn called Smalbec, up that burn till right opposite the brook under Culnegray, and so down that stream into Nay thane, and down Naythane into Clyde." The grant includes right to a mill, and to streams, pools, woods, open ground, meadows, pastures, and all other casements. The Reddendum is two and THE PARISH OF LESMAHAGO. 203 a-half silver merks, payable at Midsummer and Martinmas. The vassal was entitled to hold a court of blodewite byrin- sake, i.e., theft of any article that a man could carry on his back, and of other similar small disputes, talibus parvis querelis. This charter seems to have been considered by the monks a model for the style of their other grants, and is frequently referred to in these as denning the extent of the privileges conveyed (Ibid, 75, 102, et seq.) Lambyn was succeeded by his son James, who attests two charters of Abbot John between 1160 and 1180 (Ibid, 83, 114; 84, 115). This prelate granted the town villam of Little Draffan to Eobert, son of Warnebald, for the reddendo of half a silver mere (Ibid, 77, 105). This Eobert gave, as we have already seen, the church of Kilmaurs to the priory of Lesmahago. In a confirmation of this gift granted by his son, circa 1189, James of Draffan appears as a witness (Ibid, 232, 284). Abbot Henry, 1208-18, granted a new charter of these lands to A, son of James. This is a bounding charter, the marches being identical with those in the grant to Lambyn, with the exception that the following is inserted before the passage we have already quoted: "As the burn from the moss descends into the Nay than, and by the Naythan into Clude, and thence to the burn which falls into Clude at Holyn de Pintauerin towards the east, and so up that burn to the old foss, and from the old foss to the road which goes between the moss and the hard land to Polneaueske and on the other side, etc." (Ibid, 76, 103). From this date there is considerable obscurity in the descent of the family of Lambyn (see lamington and Crawford- johri). It would, however, appear probable that the daughter and heiress of this A., the son of James, married Sir Reginald Crawford, whose son, Sir Hugh, along with his wife Alice, held the lands of Draffane in 1271 (Dalrymple's Coll. Scot Hist, p. 65, quoting deed in the Loudon Charter Chest). Sir Hugh had a son, Eeginald (Lib. de Cal., p. 364). His family, however, terminated in co-heiresses, one of whom married Thomas de Moravia, whose only child was a daughter, the wife of Archibald de Douglas, Lord of Galloway (see Crawfordjohn). The lands of A rdach appear to have been held by another 204 THE UPPEK WARD OF LANARKSHIRE. branch of the family of Lambyn. Eustace of Ardach was wit- ness to a charter of Abbot John; and William of Ardach is mentioned in several granted by Abbot Henry, 1208-1218 (Lib. de Cal, 84, 115; 79, 108; 80, 109). In 1246, Eobert, called the Franc of Lambinston (Lamington), son and heir of Henry, son and heir of William, formerly called of Arclack, acknowledged before the King that he had troubled the abbey of Kelso in their possession of the lands of Greater and Lesser Ardack, although he had no right to them, and resigned any right he or his pre- decessors might have had to them. He also declared that if he or his heirs should challenge this transaction, they should be subject to the jurisdiction of the Bishop of Glasgow, or to that of any bishop in whose diocese they might be, and liable, with- out further trial, to be excommunicated with bell and candle on each Sunday and festival. Furthermore, he bound them, in the event of their disputing the legality of the proceeding, to pay i?200 sterling to the fabric of the monastery of Kelso, and as much more towards that of Glasgow Cathedral. Finally, he renounced for himself and them the use of every sort of legal process possibly available for the reduction of the agreement; the enumeration of which is curious, but will not bear transla- tion — "Omni actione, excepcione, cavilacione, contradicione, impetacione, beneficio restitutionis in integrum, judicis officii imploradone, et omnibus letteris, applicis Regiis impetratis sen impetrandis et maxime regie prohibicione, et omni juris remedio tarn canonici quam civilis" (Lbid, 155, 190). From the thirteenth till the fifteenth century, the records contain no notice of the lands of Draffane or their proprietors ; but, in the middle of the latter, we find them in the possession of James, first Lord Hamilton, who most probably acquired them, as he did the half of the barony of Crawfordjohn (see that parish), on the forfeiture of the Earl of Douglas in 1455. His successor, the first Earl of Arran, couveyed them, shortly before his death in 1529, to his illegitimate son, Sir John Hamilton of Fynart, on whose forfeiture, in 1540, they fell to the Crown. In 1543, the eldest son of Sir James was restored against the attainder, but only on the condition that he and his tutors should infeft THE PAKISH OF LESMAHAGO. 205 James, second Earl of Arran, iu the i?20 land of Draffane, with the castle and fortalice, and also in those of Crossfurd, Under- bank, Blah', Aiichincro, Halhill, Anchinacht, Anchtygamill and Shancroft, Slabodum, Garalwod and Merislancl, Welburn, New- land, Cumer, Interacquas, Storreholm, Stokbriggis, Auchloquhan and Logane, extending to a £50 in the barony of Lesmahago ; all which lands, it was asserted, had been obtained by Sir James from the first Earl by undue influence (Act Pari, II., 439; see also CraivfordjoJm). Hamilton of Liberton, the grandson of Sir James, attempted to reduce this agreement of his father's, and temporarily succeeded in doing so during the period when the main branch of his family stood so gallantly by the cause of the exiled Mary, but the decree he had obtained was expressly declared to be null and void by the Act of Restitution passed in 1585 (Ibid, III., 383). From this period the lands of Draftan were held by the noble family of Hamilton till the middle of the seventeenth century, when the castle and a large portion of them were sold by the Duchess Anne to a Mr Andrew Hay, and became known as Craignethan. Andrew Hay of Craig- nethan appears as witness to a deed in 1669 (Shieldhill Chart.) He was appointed a Commissioner of Supply in 1678, and again in 1689 (Act Pari, VIII, 224; IX., 70); which clearly dis- proves the statement of Wodrow that he was imprisoned from 1660 till 1685, and then only liberated on parole. In the proclamation issued in 1689 for calling out the militia on this side Tay, Hay, younger of Craignethan, was appointed cornet of the Nether Ward troop (Ibid, IX., 26). He was appointed a Commissioner of Supply in 1690, to which office the Laird of Craignethan was appointed in 1701 (Ibid, IX., 139; XI., 141). The Hays sold this property to the Duke of Douglas, on whose death it passed, with his other unentailed lands, to the family of Douglas of Douglas, by whose representative, the Countess of Home, it is now possessed. The family of Weir or Vere of Blackivood was not only of considerable importance in itself, but, by its numerous branches, occupied a very large portion of the parish of Lesmahago, and no small one in several of the other districts of the Upper Ward, 206 THE UPPER WARD OP LANARKSHIRE. Hamilton of Wishaw (p. 66) states that there is in the chartulary of Kelso a deed granted in the time of Malcom the Maiden, by which one of the abbots conveyed to Eothwold de Weir the lands of Blackwood, Mossmyning, and Durgnndreston, which formerly belonged to his father; but the charter to which he refers evidently belongs to a period about two centuries and a half later than the reign of that King. We, however, find in that of his successor, William the Lyon, a Kadulphus de Wer attesting a royal charter (Act Pari, I., after Preface, 83). In the next century, we find persons of the name in close connection with Lesmahago; as, for instance, Thomas dictus Wer, a witness to a resignation in favour of the priory, executed at Carroc (now Corehouse) in November, 1276 ; and Thomas Were, to a resig- nation of the same lands, circa 1311 (Lib. de Cal., 166, 200; 163, 195). Rotaldus Wer was bailie of Lesmahago in 1398- 1400 ; and during the latter year, Abbot Patrick granted him, for his faithful service — "dilecto et fideli nostro Rotaldo Wer pro suo nobis servicio" — " the half of our lands of Blackwodd and Dermoundyston, with the whole lands of Mossemynyne, the reddendum for the former being 3 sol. 4 den., and for the latter 13 sol. 4 den." (Lib. de Gal, 409, 517; 413, 523; 413, 524). Ralph Weir of Blackwood, probably the son and successor of Rotwald, was one of the Inquest who, in 1406, served Sir Thomas Somerville of Carnwath heir to his father, Sir John (Mem. Som., I., 152). In 1435, Henrie Weir, elder of Blaichwood, formed one of a similar jury, who declared that William, second Lord Somerville, was heir to the said Sir Thomas, who had been created the first baron (Lbid, I., 178). Lord William, in 1447, married his eldest daughter, Mary, to Ralph Weir, and gave her 2000 merks in portion (Ibid, I., 197). Thomas Wer of Black- wod was, in 1490, ordained by the Lords of the Council to pay to the Earl of Ergile, chancellor, .£40 uplifted by him of the mails of the lands of Kype, which were in the hands of the Crown-ward, by the decease of the late Alexander Stewart of Avondale, and had been granted to the said Earl (Act Pom. Con., 141). In 1493, we find him engaged in litigation with the abbot of Kelso as to the lands of Mot in Mosminyng, which THE PARISH OP LESMAHAGO. 207 he alleged belonged to him ; also as to his intromissions with the lands of Culterschogill, and his failure to pay the thirle multure and duties to the mills of Mosmenyng. The matter was referred to the Chancellor and the Master of Angus {Ibid, 313, 316). By 1497 he appears to have been again taken into the favour of the monks, as in that year he obtained from Abbot Eobert, on the resignation of John Mungumry, a grant of the lands of Kogerhill and Brownhill in the lordship of Blackwood, with turbaries, peat bogs, coal mines, the right of erecting manufac- tories and malt-kilns, stone and lime, mills and their sequels, roads, footpaths, and courts with the escheats or fines exacted therein — "cum turbariis, yietariis, carbonariis, fabrilibus, bra- sinis, lapide et calce, molendinis et eorum sequelis, viis, semetis, cum curiis et eorum existentibus escheatis" (Lib. de Cal., 428, 534.) In 1537, Thomas Weir of Blackwod found caution to answer for the cruel slaughter of Archibald Tennent of Levenax, and for art and part of ravishing the wife of Eobert Hamiltoune, dwelling at the chapel of St Bride, at Kype, in Strathaven parish {Pit. Crim. Trials, I, 180). It may be proper to ex- plain here, as we shall again meet with the term, that, in the phraseology of this period, the word "ravishing" had not the sense it now bears, and did not necessarily imply any greater outrage than the forcible abduction of the person referred to. James Weir of Blackwood espoused the cause of Queen Mary, and on the 28th of July, 1572, was bound over in heavy penalties to attend the next justice air at Lanark, and meet an accusation of being accessory to the murder of Darnley and the two Eegents (Ibid, I., 35). No record of any such trial has been preserved; but from the number of persons included in the accusation, it appears to have been a general proceeding against all the adherents of the Queen. James Weir served on an assize in 157G-7 {Ibid, I., 71), which seems to show that he was either acquitted of the above charge, or that it was dropped. He was included in the Act of Eestitution passed in 1585 (Act Pari, III, 383). In 1612, Douglas of Todhoillis became law-burrow for George 208 THE UPPER "WARD OE LANARKSHIRE. Weir of Blackwood in the sum of 1000 merks, but the cause of this has not been recorded (Pit. Grim. Trials, III., 227). In the Tax Relief Roll made up for behoof of the Earl of Roxburgh m 1630, the lands of Blackwood are stated to be worth 21 chalders, 14 bolls of victual, and to be held ward. In the following year, George Weir of Blackwood contributed 40 merks to the subscription for the library of Glasgow University (Mun. Univ. Glas., Ill, 470). He was, in 1643, appointed one of the Commissioners for raising a tax authorized by the Con- vention of Estates to repay a loan of 200,000 merks, and named one of the Committee of War for the county (Act Pari, VI., 29, 53). The Laird of Blackwood held the latter office in the following year (Ibid, VI., 132), but at this time there is consi- derable obscurity attending the succession of the family. The property was about this date held by Colonel James Bannatyne, a cadet of the family of Corehouse, to whom this last notice may apply. He must, however, have died before the 8th of July, 1645, when his eldest brother, John Bannatyne of Corhouse, served himself heir to the Colonel, as heir of conquest in the lands of Blackwood, etc. (Inquis. Spec, 220). The property was, however, successfully claimed by George Weir or Laurie, who was retoured heir of tailzie-provision to Colonel Bannatyne, "his cousigne," as to part of the lands, in 1650, and the remainder in 1657 (Ibid, 241, 270). He was an infant at the time, and probably derived his right from his mother, a lady of the Weir family; but the management of the estate fell to his father, Wm. Lawrie of Auchinheath, who was generally known as the Tutor of Blackwood, and sometimes is designed simply " of Blackwood," as if he, instead of his son, had been the proprietor. Mr Lawrie was one of the Committee of War for the shire in the years 1648 and 1649 (Act Pari, VI., 298, 374). He was excluded from the Act of Indemnity, passed in 1662, until he paid a fine of i?600 Scots; a sum so small in comparison with that exacted from others, that it proves he could not have been the actual proprietor of Blackwood (Ibid, VII., 422, 423). In 1678 his son George, now of age, was appointed a Commissioner of Supply (Ibid, VIII, 224). On the 7th of Feb, 1683, William THE PAEISH OF LESMAHAGO. 20.9 Lawrie, the father, was tried in the Justiciary Court on the charge of intercommuning with traitors, condemned and for- feited, but the capital punishment was remitted on the interces- sion of his friends. This decision spread consternation among the gentlemen of the western shires, because it established that simple converse, without any favour or assistance "given to persons not actually in arms nor lawfully denounced rebels, inferred the crime of treason," and led to the journey of Baillie of Jerviswood and others to London, in consequence of which they were accused of participating in the Rye House Plot. In relating these facts, Mr Hume, who also makes a mistake of a year in the date, describes Mr Lawrie as a gentleman of the name of Weir, a name by which he is never mentioned in the records (Ibid, VIII, App. 33, 75; IX., 216; Hume's Hist, anno 1682). On the 24th April, 1684, the Privy Council signed an order, " That Captain Cleland's troop be put in the houses of Covingtoun and Blackwood till Stravon be ready," (original order penes Adam Sim, Esq) After the Revolution, Mr Lawrie was appointed a Commissioner of Militia in 1689, and a Commissioner of Supply in that and the following years (Act Pari, IX., 28, 70, 139). In 1690 he was not only included in the general Act re- scinding all forfeitures and fines since the year 1685, but had a special Act passed in his favour, reversing his attainder, and de- claring his conviction in 1683 null and void (Ibid, IX., 164, 216). His son was knighted by William III, and appears as Sir George Weir among the Commissioners of Supply in 1 704. His grandson held the same office in 1695, under the style of the Laird of Blackwood, younger (Ibid, XI, 141; IX, 374). The latter left a daughter and heiress, who, in 1733, married the Hon. Charles Hope, a younger son of the first Lord Hopetoun, and the lands of Blackwood have ever since been held by their des- cendants (Douglas Peerage, I, 745). The Weirs of Stonebyres were certainly an offshoot of the Blackwood family, and it has been sometimes asserted that their founder was the brother of Rotaklus Weir. Of this, however, we have no proof; although it is probable that the Veres of Stonebyres acquired that property during the fifteenth century. vol. it. 2 o 21() THE UPPER WARD OF LANARKSHIRE. The first notice, however, which we have of their existence is in 1 524, when Weir of Stonebyres became surety for William, his eldest son and heir-apparent, and also for a younger son, that they should underly the law for intercommuning with Thomas Hamilton and William Weir, denounced rebels for the murder of Mr James Haliburton, burgess of Edinburgh {Pit. Grim. ' Trials I, 126). William Weir of Stonebyres was murdered by Lindesay of Covington in the following year (Ibid, I., 132* 238; see Covington). On the 30th of April, 1587, William Weir of Stonebyres granted his special bond for the " assythment and satisfaction of the slaughter of the late John Weir of Poniell, son lawfull to James Weir of Blackwode, and the hurting of James Reid, son-in-law to the said James, to the great effusion of his blude, by which he bound him, his heirs and successors in his lands and heritage, in manrent and service to the said James, his chief, his heirs and successors in his lands and living of Blackwode, perpetually, in all time coming, so lang as the hous of Blackwod remainis, and is bruiket by the surname of Weir. He also undertook that he and his foresaids should take plane pairt with the said James and his foresaids in neighbourheid, as also tak awfall (lawful?) trew and plane part with him and his foresaids in all and sundry their actions, quarrells, causes, and businesses criminal against whatsumever person or persons, so far as lyis in their power (our soveraine lord and the abbot of Kelso, his superior, his own property and particular causes allanerlie exceptit). And to await and attend upon the said James and his foresaids, with their servants and tenents, and cum under his pensall in time of foreign or civil wars, when the same occurris. And sail never ken or knaw their hurt or skaith, in body, guidis, lands, geir, fame, and others whatsomever, bot sail reveill the same to them, and stop, hinder, and lett the same as their owin skaith in all time comino- fra aige to aio;e, during the space above specified." This deed was confirmed by Parlia- ment in 1592, "our Soveraine Lord considering that it was gevin for ane necessary and gnid caus, namely, for keping and halding of the parties theirin narneit, being sa neir in bluid, in perpetuall quietues in all time coming" (Act Pari, III, 624). THE PAEISH OF LESMAHAGO. 211 The lands of Stonebyres were valued in the Roxburgh Tax Eelief Roll of 1630 at 21 chalders 8 bolls of victual. William Weir of Stonebyres subscribed, in the following year, 7 dolours to the library of Glasgow University ' (Mun. Univ. Glas., Ill, 470). Sir William Weir of Stonebyres was one of the Committee of War for the county in 1644, 1647, and 1648 (Act Pari, VI., 132, 279, 298). In 1650 he received a testimonial from the Presbytery of Lanark "anent his constancy and faithfulness in the Covenant, in the time of the late unlawful engagement" (Pres. Rec, 10th January). In 1661 he was appointed one of the Local Commissioners for the Excise (Act Pari., VII., 91). James Weir of Stonebyres was a Commissioner of Supply in 1678. The same office was held in 1690 by the bailie for the time being of the Laird of Stonebyres, and by the Laird himself in 1696 and 1704 (Ibid, VIII., 224; IX, 139; X., 28; XL, 141). The estate was sold by the late Daniel' Vere, Esq, Sheriff-Substitute at Lanark. The families of Weir of Kerse and Weir of Kirkfield were founded by cadets of that of Stonebyres in the seventeenth cen- tury. George Weir of Stonebyres was served, in 1607, heir to his father, William, in the lands of Kerse (Inquis. SjJec, 75). James Weir of Kerse was a witness to a testament executed in October, 1612 (Com. Rec. Glas., Confirm. Aug., 1613). A commission was granted, in 1689, to Weir of Kirkfield to be cornet to the Lord Belhaveu ; and Major James Weir of Kirkfield was appointed Commissioner of Supply in 1696 (Act Pari, IX, 55 ; X, 28). Both families are mentioned in Wishaw's " His- tory of the County/' p. 6Q. Corrocs or Corehouse was another extensive holding. Abbot John, of Kelso, 1160-1180, granted to Waldeve, son of Boidin Waldevo, filio Boidini, homini nostro, the eighth part of Curroc, and the pendicle incrementum of Cultersegill which lay between the lands of Douglas and Corroc, for a reddendo of half a marc. He was to have a right to the wood, and was to give two shil- lings as a heriot, but was to be exempt from any payment as a 212 THE UPPER WARD OF LANARKSHIRE. casualty on the marriage of his daughters. Dabit etiam duos solidos per herieth et merchetas pro filiabus suis -non dabunt (Lib. de Gal, 81, 111). Abbot Osbert, 1180-1203, gave a charter to David, son of Peter, Dean of Stobhouse, acknowledging him as the heir of his father, quas in heredem ejus receperim, and confirming him in the lands of Corroc, which the latter had held from the monas- tery. This deed specifies the boundaries : " As the road goes from Crawford to the burn which is called Kirkburn, and by that burn into Chide, and on the other side as the Douglas descends from Crawford into Clude/' This decidedly shows that there must have existed a Crawford upon Douglas Water, all memory of which has now disappeared, and that the present estate of Harperfield must have been then included in Corehouse. The grant included a mill, a court of blodwit and birtinsake, and the marriage casualties of the sub-vassals. The grantee and those holding under him were declared entitled to take as much wood as they pleased for fuel or building, but were not to sell or give any away. Ispe et homines sui qui super Mam terram sedent de bosco accipiant quod opus eis fuerit ad ardendum, et ad ipsam terram hedificandum sed nihil inde dabent nee ven- dent (Ibid, 82, 112,). Part of these lands must at this time have been a forest which the proprietor was not at liberty to plough up, for Abbot Richard, 120G-8, subsequently gave permission to the same David and his heirs to cultivate (sartandi) the same wherever and whenever they might find it convenient. He at the same time granted them the charge of the copse on the lands, but if there was any part they could not use, they were not to communicate the jDiivilege to their neighbours, nor allow any one to take anything therefrom except by the licence of the abbot of Kelso or the prior of Lesmahago. Concessim etiam eis custodiam nemoris terre illius ita quod si ipsi aliquam partem illius nemoris refusare volunt nullus vicinorum cum eis comuni- cabit nee aliqiiis inde aliquid capiet nisi Abbas de Kalkou vel Prior de Lesmahog aliquam de ipso alicui dare voluerit (Ibid, 83, 113). An inquest was held at Dumbretan in 1259 which consisted of Robert of Colechou, and other honest men of THE PAEISH OF LESMAHAGO. 213 Levenax, from the baronies of Lesmahagu, Robertiston, Wyston, Thankardiston, Kermikel, Stanus, Kelbride, and Daliel, and found that Patrick, the father of Robert of Corrok, granted to Elen, the spouse of the said Robert, and with the consent of the said Robert, then under age, one ploughgate of land called Pol- negulan, then held by Richard, the clerk of Kelmenros, to be held by the said Elene for life, if she should have no issue, or if the said Robert, when of age, should not consent to the said marriage; that at length issue having proceeded from their marriage, the said ploughgate was given to Sibilla, the mother of the said Robert, as her dowery, with consent of the said Robert and Elene; and finally, that the said Robert, being in necessity, had, with consent of his mother and of his wife, Elene, sold the said ploughgate to Richard, the clerk, who then held it (Act Pari, I., after Preface, 89). C, abbot of Kelso, granted, about 1290, to Reginald of Cor- rokys, the lands of Lesser Kype, by way of excambion, titulo permutacionis, for the reddendum of a pound of the medicine called Cumin Cyminsum, at Lesmahago, on the day of St Machutus, and also gave him, during the period of his life, four chalders of oatmeal annually from the priory of Lesmahago, and sufficient board for himself and a valet, either there or at the monastery of Kelso. Una cum honestd sustentacione sibi et uni garcioni in victualibus in monasterio nostro de Kalchou vel de Lesmahagu. The delivery of meal was to cease on the death of the grantee, but the monastery was to continue to pay 20 sol. annually to his heirs for ever (Lib. de Gal., 164, 197). Regi- nald del Corrocks was witness to a deed of resignation in 1301 (Ibid, 161, 193). In 1400 Abbot Patrick directed a brief to the bailie of Les- mahago, enjoining him to summon an inquest, and inquire if John de Benatyne, Lord of Corroks, grandfather of William de Benatyne, died vested in the lands of Corrocks, and if the said William is his heir? (Ibid, 413, 523). Richard Bannachtyne, of the Corhous, was one of a jury which were found to have given a wrong verdict by the Lord Auditors in 1476 (Act Bom. And., 44). In 1517 John Bannatyne of Corhous, and sixty- three 214 THE UPPEK WAED OF LANARKSHIRE. others, were accused of the mutilation of Walter Weir, com- niittit upon suclantie {Pit. Crim. Trials, I, 241*). In 1536 Thomas, his brother, and others, found caution to underly the law at the Justiciar of Lanark for the cruel slaughter of John Grahame of Westhall and others (Ibid, I, 179*). He is also mentioned in the Consistorial Records of Lanark for the years 1550-53 (Wishaiv, 53). Like their neighbours, the Weirs of Blackwood, the Bannatynes adhered to the Queen's party, and John of Corhous was included among those who, in July, 1572, were accused of complicity in the murder of Darnley and the two Regents. His cautioner was the Laird of Lamingtoune (Pit. Crim. Trials, I., 35). William Bannatyne of Corhous was, in 1596, indicted as "art and part in the away-taking and reifing of Margaret Hamilton, dochtir of John Hamiltoune of Auchna- glene, furth of James Weir's house of Dargavill. For-as-meikle as the said John Hamilton having placed Margaret Hamilton, his dochter, ane bairn of ten years auld or thairby, with John Weir in Dargavil, her mother's brother, to have been educat and brought up by him intil her lawful and perfect age, lipning that nane should have interrupted her education and upbringing, or attempted ony violence or injury against her; notwithstanding, whereof it is of verite that William Cunningham e, tutor of Boningtoune, accumpaneit with certain brethren and servants of William Bannatyne of Corhous, mountit upon the said William's owin horse, by his special causing, direction, sending, and hounding out, all bodin in feir of weir, with unlawful and for- bidden weapons, came, upon the 28th day March last, under silence and cloud of night, to the said John Weir's house of Dargavil, by and within the Sheriffdom of Lanark, and vio- lently entered therein; Shamefully and unhonestly pursued the said John Weir of his life, reft his purse from him, wherein there was a great quantity of gold and silver, hurt and wounded him in divers parts of his body, and left him lying for dead, and thereafter violently took the said Margaret away with them to the place of Carhous, where she was received and keepit all that night by the knowledge and privite of the said William Bannatyne, and thereafter, by his direction, conveyit away to THE PARISH OF LESMAHAGO. 215 some pairtis of the bordour, where she was keepit and detenit. The away-takers of hir remaining continually in house and com- pany with the said Laird of Corhous, who intended in her minority to move her to sundrie purposes altogether to her disadvantage." The proceedings on the trial are most curious. Bannatyne, being called on to plead, "desyrit Hamilton to swear the dittay given in against him, when he declared that he was sa informit be brute that he did the same; but he would take it upon his conscience that the same was done by him." The matter was then remitted to an assize, and in their presence Bannatyne was accused by the dittay of the crime, which he denied straightly. " The assize then passed furth of Court to ane secret place in the lird (yard) of the Tolbooth, where they voted on the points of the dittay, and having resolved, re-entered the Court and found and declared the panel clene innocent and acquit of the crime." No witnesses appear to have been exa- mined on either side (Ibid, I., 378). Bannatyne of Corhouse was one of the justices of the county appointed to carry out, along with the magistrates of the burgh of Lanark, the Act of 1668 anent buits and shoone. This Act is a repetition of one of 1605 which the burghs had evaded. It proceeds on a narra- tive of the extraordinary dearth and price of these articles, and directs the justices and magistrates " to tak tryall yearly of the prices of all rough hides, and the difference of the price betwixt rough and barked hides, and so keipand the ground of the said difference proportionialie, to set clown reasonable prices on buittes and shone, with penalties upon the cordwainers who shall contravene, raise, or heicht the said price" (Act Pari., IV., 404). The lands of Corhouse, according to the valuation in the Earl of Roxburgh's Tax Relief Roll, were worth, in 1630, 12 chalders 8 bolls of victual annually. In 1631 William Bannatyne of Corhouse contributed twenty merks to the University Library in Glasgow (Mum. Univ. Glas., Ill, 470). In the following year William Bannatyne was served heir to his father, William, in the lands of Corhouse, with mansion, 216 THE UPPEE WARD OF LANARKSHIRE. house, and mill. Cum mansione et molenduw (Inquis. Spec, 174). John Bannatyne of Corhous was, in 1643, one of the Commis- sioners for the tax ordered to be raised by the Convention of Estates to meet the loan of 200,000 merks. He also served in the same year as one of the Committee of War for the county, and filled the same position in 1647, and again in 1048 (Act Pari, VI, 29, 132, 298). He was appointed one of the Local Commissioners of Excise in 1601, Justice of the Peace in 1663, and Commissioner of Supply in 1667 (Ibid, VII, 91, 505, 544). Sir John Bannatyne having married the heiress of Brookdyke in Cumberland, removed there, and before 1695 sold the estate of Corehouse to William Somerville of Cambusnethan, who assumed the style "of Corehouse," and in that year appears with the latter designation in the list of Commissioners of Supply, which office he also held in 1704 (Ibid, IX., 374; XI, 141). When Hamilton of Wishaw wrote his account of the county, the estate of Corehouse belonged to William Somerville (p. 66). He was succeeded by George Somerville, on whose death without issue Corehouse devolved on his sisters, the errand- mother and grandaunt of General Lockhart and Dr Lockhart of Glasgow, and was again sold by these ladies (Life and Times of Dr Somerville, p. 3). The present estate of Harperfield must have originally formed, as we have already stated, a portion of that of Core- house. It is now, however, separate, and was probably disjoined in the first half of the seventeenth century. John Menzies of Harperfield was, in 1662, excluded from the General Act of Indemnity until he paid a fine of o(?1000 Scots (Act Pari, VII, 422). He was witness to a deed in 1609 (Shieldhill Chart.) John Menzies was, in 1071, served heir to his father, John, in the £4i land of old extent of Harperfield, in the lordship of Torhous (Corhous), in the barony of Lesmahago (Inquis. Spec, 320). FincorrocJcs was the name by which a large district of the parish was known in the twelfth century. It appears, from the description of the marches given in the early charters of the THE PARISH OF LESMABAGO. 217 Abbey of Kelso, to have occupied the bank of the Clyde from the Kirkburn, the northern boundary of Corrochs, to the confluence of the Nethan, and to have extended westward till it met the lands which the monks retained in their own hands. As early as the date we have referred to, it seems to have beeu held by separate proprietors. Abbot John, 1160-1180, granted to Gilmagu and his heirs a certain por- tion of these lands, " bounded by the march which is between him and his brother Saludes, and by the loch which is between him and us, and so across from the march of Saludes, thence to the burn at Wenhath, and so by the burn of Gregeref, by the Naithan into the Clyde." Per illam divisam que est inter ilium et Saludem fratrem suum et per lacum que est inter eum et nos et sic per transversum a divisd, Saludis usque ad rivulum a Wenhath, et sic per rivulum Gregeref, per Nai- than usque in Chide. The Reddendum was 20 sol., and the grantee had the same privileges as to mills, casualties of marriage, and courts, as were possessed by the proprietors of Draffan {Lib. de Cal, 83, 114). Abbot Henry, 1208-1218, granted to Gilemer, son of Gilconel, who had been seneschal of the priory {Ibid, 166, 200), a charter of the same lands. This is also a bounding charter, and the marches are identical, the only difference being that Saludes is now, styled the uncle of the father of the grantee — avunculus patris sui. Gillemer is also taken bound to grind and do the usual work at the mill of the priory, but has conveyed to him the marriage casualties of his sub-vassals. Molet autem ad molendinum nostrum, ipse et homines sui et molendinum faciunt sicut ceteri homines nostri. Habebit autem merchetas de filiabus hominum suorum {Ibid, 79, 108). Gillemer subsequently added half a silver merk to his yearly feu-duty, on condition that the prior and monks received him into the brotherhood {Ibid, 153, 187). Abbot Henry, 1208-1218, confirmed to G., the son of Salu- des, another portion of these lands which had evidently, from the above-mentioned charters, been previously held by his father. The marches are as follows: From the point where Pollenoran joins the Clyde, up Pollenoran till it comes to the VOL. II. 2 D 218 THE UPPER WARD OF LANARKSHIRE. dry course between Gilberstoun and Gilinahaguist, and so by the straight march along the dry course till it come to the burn, and so up the burn to the Black Ford which is in the bog, and by the dry course in the bog to Elwadisgate, and from the dry course at Elwaldisgate to a small burn running down near Cul- negaber, and so by that burn descending to the ditch above the croft of Esbert, and from that ditch by the small stream down- wards to the great burn of Dunelarg, and up that to the ford on the road from Lesmahago to Lanark, following that to the Graceful Cross, and thence to the nearest wall, and by the burn of Ancellet descending into the Clyde. Sicut Pollenoran descen- dit in Chide, et sicut per Pollenoran ascendendo usque veniat ad matricem sicam inter Gilherstoun et Gilmahaguist, et sic per rectas divisas fin matricem sicam donee veniat at rivulum, et sic per rivulum ascendendo usque ad nigrum vadum quod est in bog, et per matricem sicam in bog usque ad Elwaldisgate, et de malrice siccl ad Elwaldisgate ad parvum rivulum descen- dentem juxta Culnegaber, et sic per rivulum ilium descendendo usque in fossam super croftum, Esberti et de fossa ilia per rivulum parvum descendendo usque ad magnum rivulum de Dunelarg, et sic per magnum rivulum de Dunelarg ascen- dendo usgue ad vadum vie que venit de Leshmahagu et vadit a Lanark, per viam Mam ascendendo in Dularg usque ad Gracilem Cruceni et unde usque ad proximum vallum et per rivulum de Ancellet descendendo in Clude. The Reddendum was 20 sol., sixteen of them for the feu of the lands, and four for a right of belonging for ever to the brotherhood — pro fratemitate perpetud. The grantee was entitled to the marriage casualties of his sub-vassals, but he and his heirs were bound to account to the abbey for those of their own daughters ( Ibid, 80, 109). It is a remarkable circumstance, and in the south of Scotland a very rare one, that the names of the grantees in these charters show that they were of Celtic origin. The district of Fincurrok had, however, obtained a Norman owner before the year 1290, when Sir William de Sancto Clare sent a letter to Reginald de Corrocks, notifying that he had resigned to the over-lords, the abbots of Kelso, his lands of Fincorrokys, which Reginald held THE PARISH OF LESMAHAGO. 219 of him for a feu-duty of 3 marks a-year, till the expiry of the term for which his father and the said Reginald had agreed, and authorising payment of the feu-duty to the priory. On the ish of this agreement, in 1315, Henry de Sancto Clare granted warrant to his baliff of Fyncurroc to deliver the said lands to the abbey {Ibid, 165, 198; 166, 199). Auchtifardle. — In 1326, Abbot William granted to John, son and heir of Adam, junior of Duvan, and his heirs, the whole of our lands of Auchtifardle, in excambion for half the lands of Devan, with certain rights of common. Una cum communi pastuvd de Aghrobert per animalibus suis et hominum suorum in dicta terra de Auchtyfardle commorancium et pastura ad vigenta animalia boves et vaccas in terrd de Duvan, ita quod quolibet node jaceant in tenemento de Auchtyfardle et triginta plaustratas petarum infra commune de Duvan sumptis, fodien- dis ad opus suum et hominum suorum. The Reddendum for Auchtifardle was fixed at a silver penny, and for the right of commonty at six silver pennies, payable at Whitsunday and Martinmas. The grantee was declared entitled to grind his corn at the mills of the priory without paying multure, or to go elsewhere if convenient. He also received permission to sell malt and carcases within his tenement. Et molet bladum tenementi sui de Auchtifardle, ad molendinum nostrum de Leshmahagu, si voluit, liber sine midturd vel transiat alibi ubi melius vidit se expedire, et licit-urn erit sibi brasiarum et carnes vendere in tenemento suo (Lib. de Gal., 367, 478). Towards the close of the sixteenth century we find Auchtyfardle in the hands of one of the family of Weir, who adhered, like his chief- tain, Blackwood, to the cause of the Queen, and was included in the indictment of July, 1572 (Pit. Grim. Trials, I, 35). These lands were valued in the Earl of Roxburgh's Tax Relief Roll of 1 630 at i?200. They were sold about the middle of the seven- teenth century to a family of the name of Kennedy. William Kennedy of Auchtifardle was one of the Committee of War for the county in the years 1648 and 1649 (Act Pari, VI, 298, 374). In 1662 the Laird of Auchtifardle was exempted from the operation of the Act of Indemnity unless he paid a fine of 220 THE UPPER WARD OF LANARKSHIRE. ^1800 Scots {Ibid, VII., 422). Robert Kennedy of Auchti- fardle was a Commissioner of Supply in 1689, 1690, and 1704 (Ibid, IX., 70, 139; XL, 141). He possessed the property when Wishaw wrote his history of the county (p. G6), and was succeeded by Gilbert Kennedy, whose son, James, was, in 1725, a scholar of the third class, under Mr Robert Dick, in the College of Glasgow {Mim. Univ. Glas., III., 229). The following extracts from the records refer to Civss- ford, called sometimes Crawford on the Clyde. In 1484 Stevin Lockhart obtained from the Lords of the Council a decree against Patrick Cleland and Richard Hasty for wrong- ous retention and withholding from him the profit of a ferry- boat on the water of Clyde, at the Crossford of the same, for fifteen years (Act Dom, Con., 87). Alexander Lock- hart of Crossford was, in 1540, a witness to the citation of Douglas of Parkhead at the Cross of Lanark {Act Pari., II., 364). William Lockhart, in Crossford, was included in the general indictment of the Queen's adherents issued in 1572. His cautioner was Quintygern Lockhart of Ley. Robert Allan of Crossford was also among the accused (Pit. Grim. Trials, I., 35). Robert Allane was, in 1616, served heir to his brother James, younger of Crossford, in the 50s land of Crossford (Inquis. Spec, 1 08). Mr David Carmichael of Crossford was a Commissioner of Supply in 1702 and again in 1704 (Act Pari, XL, 22, 141). Dowane, Duvane, Devon. — Abbot Osbert, 1180-1203, granted to Constantine, son of Gilbert, Presbyter of Lesmahago, the township villain de Dowane, with the land which Osbert held therein, and with the two hills, to the march of Ardack on the south. The Reddendum was 20 sol. He and his sub-vassals were thirled to the mill of the priory. He was to account to the monks for the casualty on the marriage of his daughters, but was to receive those payable in consequence of the marriages of his sub- vassals. He was also to have the same right of hold- ing a court for the determination of small disputes as was pos- ted by James of Draffane; and in cases of assault to the illusion of blood, was to have jurisdiction over his own vassals, and the abbot and monks over their retainers hominibus nostris THE PAEISH OP LESMAHAGO. 221 {Lib. de Cal., 77, 104). Constantine de Duvane, probably the same person, attested a charter granted to the priory in 1240 {Ibid, 149, 181). Shortly afterwards John, Abbot of Jeclde- worde, acting under the authority of the Pope, settled a dispute between the monastery of Kelso and Daniel and Robert of Dowan as to the lands of Dowan, which the monks claimed as having been illegally alienated from them. The decision was that the lands belonged to the vassals on the payment of a sum of money and granting to the priory a site for a mill on the Kerlyngholm, as the burn of Dowan falls into the Nay than, and the right of carrying a mill lade through the lands of Dowan, and constructing a mill pond or reservoir thereon, with the privilege of constructing a village at the said mill, and the liberty of common pasturage within certain bounds for all who frequented the mill from the east, but which the inhabitants of Mylntown could only use during the winter, and likewise another common and the right of winning peats thereon, provided that growing corn was not interfered with. Concesserunt eisdem situm cujusdem molendini super Kerlyng- holim sicut rivulus descendit et cadit in Neythan cum libera acqueductu per terrain de Dowane, ad dictum molendinum, et ad stagnum faciendum. Concesserunt etiam eisdem, et homini- bus suis de villd molendini et omnibus venientibus ad predic- tam molendinum communiam pasture de Delues a predicto molendino in directu usque oriente usque ad Bra, oppositum eidem molendino, et ita per illud Bra descendendo usque in Naithan, et sic de Naythan ascendendo usque ad sepedictam molendinum per predictum rivulum de Dowane. Ita tamen quod homines de villd 'molendini non pascent illo nisi dimidio anno hyemali sed omnes venientes ad molendinum toto anno ibi pascent sine impedimento. Concesserunt et communam peta- more, quae vadit juxta Thorebrecks usque ad domum quampre- dictus Robert de Dowan fecit in eadem terre in vitd Constan- tin cum libera ingressu et egressu ad petas suas fodiendes et curiandas et cum sujjicienti et competenti loco ad petas suas quas foderint juxta locum fossionis siccandas salvo blado {Ibid, 162, 194). The holding seems to have been divided be- 222 THE UPPER WARD OF LANARKSHIRE. tween the brothers. In 1294, Adam, son of Daniel de Dowan, resigned his tenement of Dowan to the abbey, in consideration of certain sums they had advanced to him in his great necessity {Ibid, 159, 192). On the vigil of Pentecost, 1301, Alexander de Dowan, junior, resigned to the priory his lands of Dowane, in excambion for those of Anchtyfardle {Ibid, 229, 279; 332, 433). By a subsequent charter it would, however, appear that, consequent on the above-mentioned division, this resignation extended only to half the lauds of Dowane (Ibid, 367, 478; see ante, II., p. 219). Auchinlec. — Abbot John, 1160-1180, gave to Waldeve, the son of Boydin, our vassal homini nostri — who had also from the same prelate a grant of part of the lands of Corehouse (see ante, II., p. 211) — the third part of those of Auchinlec, for the pay- ment of 2 sol. 3 den., and 2 sols, for a heriot, free of any casual- ties for marriage. He was also to have as extensive an easement in regard to the wood bosci as was enjoyed by any in the township villa of Grenrig (Ibid, 84, 115). Patrick de Aunynlec was wit- ness to a charter in favour of the priory granted circa 1311 (Ibid, 163, 195). Adam de Aghynlek resigned to Abbot William the lands of Greynrig in 1370, and had a new grant of them in 1372 to him and Margaret, his spouse (Ibid, 407, 514; 408, 515). Greinrig. — On the clay of St Machutus, the patron saint, in the year 1276, Philip de Grenrige resigned to the abbey the right he had to the third part of Hautillet, one of the witnesses to the deed being Peter called Grenrig Pet diet Grenrig (Ibid, 166, 200). Adam de Dowane, senior, at Easter, 1311, resigned to the abbot and monks of Kelso his lands of Greinerio - , on con- dition that they should find him the maintenance of a Serjeant within their house of Lesmahago, he, on the other hand, under- taking to give attendance for the priory in the Sheriff Court at Lanark, and to hold the courts of the barony. Invenient eidem Adam 'pro suo payetuo, infra domum de Lesmahagu susten- tacionem unius serianti in victualibus et quolibetis annis unam robam vel unam Sterlingorum per voluntatem priori* dicti loci, et predictus Adam faciet jirodictis Abbate et Conventn, sectam curie in comitatu de Lanarc, et ip>sos in- clempnes conservabit in omnibus de dictd sectd, quam din THE PARISH OF LESMAHAGO. 223 potenciam sui corpis habeat et sanitatem, et cum impotens fuerit Mam sectam faciendi ulterius, non recipiet pro suo rood nisi dimidiam marcam vel unum garriamentum et tenebit similiter placita sua de Lesmahagu quando fuerit per dictum priorem super hoc requisitus (Ibid, 164, 196). The reduction from the allowance for the robe, when the grantee is no longer able to appear in court, and in consequence does not require to keep up so dignified an appearance, is certainly very amusing. The resignation of these lands by, and the re-granting of them to, Adam of Auchinlec, 1370-72, have been already noticed. A part of the lands of Poneil were included in the barony of Lesmahago. The name appears to have been given, at one time, to the lands on both banks of the upper part of Poneil burn, although it is now confined to those on its right bank, which are a portion of the parish of Douglas, and were not included in the barony of Lesmahago. In 1269, William of Folkardston, son and heir of Adam of dictus de Folkarclston, granted a charter to the abbey of Kelso, which proceeds on the narrative that Adam, his father, had unjustly detained that particle of land in the holding of Lesmahago which is called Polnele, and which of right belonged to the lord abbot and convent, for which illicit detention and occupation the said Adam lay under a sentence of excommunication before he fled the realm, antiquam de terrd Scoticand recessit, which extended to all who adhered to him in detaining the said lands of Polnele; and declares that the said William, wishing to avoid this sentence and to free the soul of his father from the same, acknowledges and confesses that he has no title to the said lands, which he renounces in the hands of Lord Henry, the abbot, for the use of the monastery. This deed was exhibited to the abbot of Melrose in 1316, and was declared by him to be neither cancelled, re- called, abolished, or vitiated (Lib. de Gal, 154, 189). In 1270, Abbot Henry granted the liferent of these lands to William Douglas de Douglas (Ibid, 168, 202). Davide de Polnele attests a charter granted to the priory of Lesmahagu in 1301 (Ibid, 161, 193). The exhibition of the deed of 1269 to the abbot of Mel- rose in 1316 was most probably occasioned by claims set up in 224 THE UPPEK WAED OF LANARKSHIRE. that year by Sir Alexander Folkhard, which were arranged by the intervention of the neighbours, discretis viris intervenienti- bus, when Sir Alexander acknowledged that the only right he had to the lands was one of liferent, and that the reddendum of 9 meres was in arrear for nine years, in satisfaction of which the monks accepted a sum of 20 merks, and agreed that, in con- sequence of Sir Alexander's allegation that the land was destroyed by war so that he could not raise the full duty, to remit 3 merks of the feu-duty for the next 5 years {Ibid, 158, 191). Towards the close of the sixteenth century, the lands of Polnele became the property of John Weir, a son of Weir of Blackwood, who was slain by his kinsman, Weir of Stonebyres (Act Pari, III., 624; see ante, II, p. 210). In 1636 Magister Walter Weir was served heir to his father, Magister William of Poneil (Inquis. Spec, 192). Poneil, which appears to have been a five merk land, was afterwards acquired by the adjoining proprietor, Lock- hart of Birkhill, as George Weir of Blackwood granted, in 1665, a charter conveying it to Robert Lockhart of Birkhill (Ext. De- creet of Sale penes, J. Greenskields, Esq. of Kerse). William Lockhart of Birkhill was, in 1696, served heir to his father, Robert, in the same (Inquis. Spec, 430). Folkaristoun. — This would seem to be the tenement or hold- ing which Chalmers has so unaccountably mistaken for the barony of Douglas (see ante, II., p. 25). Abbot Arnold, 1147- 1160, granted to Theobald the Fleming, what is stated in the endorsement of the charter to be the lands of Duneglas accord- ing to its marches, cum divisis, but is described in the body of the deed as our lands on the Douglas, from the source of Pol- nele to the Water of Douglas, and from the source of Polnele by the broad moss beyond it at Long Fau, and from that to Hird- law, and from that to Thiefsford, between Mosminin and Corrok, and so to the Long Blackford as the road lies even to Crosseford. Nostram terram supra Duneglas de surso de Polnele, usque ad acquam de Duglax et de surso de Polnele, ultra se latum mos ml Longum Fau, et illuc de Hirdelau, de illuc ad Theivisford, ni Mosminin el Curroc, et sic ad Longum Nigrum Ford ita ut via jacet usque Crosseford (Lib. de Gal., 78, 107). It is quite THE PARISH OF LESMAHAGO. 225 clear that the text of this charter has been corrupted, of which the substitution of "el Curroc" for "et Curroc" is a sufficient proof, and consequently it is not very easy to follow the exact boundaries. Enough, however, remains to enable us to deter- mine generally what the marches were. Thievesford is a known point, and the road which goes from Long Black Ford to Crossford, on Douglas Water, is evidently identical with the one described above as the march of Corrock {see ante, II, p. 212). The Broad Moss is also clearly the exten- sive tract of this character which Forrest in his map lays down as lying between the two branches of Polniel Water — the Sad- derhead and the Fauld House Burns, the latter giving us the key to the whereabout of Long Fau. The great difficulty, how- ever, lies in determining what was meant by the " sursum " or source of Polnele; and there is a great deal in the ingenious suggestion of the author of the " Origines Parochiales," that the source of the Fauld House or Gad Burn has been mistaken for that of the main stream of the Poniel. But throwing aside these minute questions of marches, there can be no doubt that we have ample evidence that the charter in question related to the lands of Lesmahago, extending along the Water of Douglas from the march of Corehouse to the mouth of the Polnele, and stretching back- wards into the interior of the parish for a considerable distance. Abbot Henry, 1208-1218, granted to Richard, the son of Solph, the lands of Folcariston, as they had been held by his father and his ancestors from the monastery of Kelso {Lib. de Gal., 78, 106). Adam de Folkarton was witness to a charter granted by Richard Baird in favour of the priory of Lesmahago in 1210 (ibid, 119, 181), This Adam was succeeded by a son William before 1269 (Ibid, 154, 189). His title to the lands was not, however, recognised by the abbot and monks, as in 1295 we find a litigation going on in regard to them between him and the mi mastery, before the rector of Yethan as commissary for the abbot of Dunfermline, when John of Roxburgh appeared as procurator for the convent and raised various technical pleas {Ibid, 169, 203). Sir Alexander Folkard attested one of the charters of the priory granted about 1311 (Ibid, 163, 195). In VOL. II. 2 E 226 THE UPPEK WAED OF LANAEKSHIEE. the latter end of the fifteenth century, the lands of Folkarton appear to have been held by two brothers and their respective spouses; as the Lords of the Council, on the 27th of October, 1484, ordered John Symontoun of that ilk to deliver to Robert Folkert and Katherine his spouse, and to Adam Folkert and Beatrix Ms spouse, the letters of tak and bailzery that they made to him of before of the lands of Folkartoun, because it is proved before the Lords that he promised to deliver the same for the sum of £5, which they paid to Margaret Bait for him and of his command (Act Dom. Con,, 92*; see also ante, I., p. 189). William Folkart died previous to the 23d of October, 1488, for on that day a decreet from the same tribunal was obtained by Katherine Fokkart of Fokkartoun, Adam Fokkart and Beatrix his spouse, against Alexander Fokkart, for the wrongous occupation and manuring of the lands of Netherhal of the six years bigane, and uptakin of the malez thereof be the said tyme, extending yearly to twenty merks; and for the wrongous occupation of the Estertown of Fokkartoun, and the uptakin of the profits thereof of sLx years bigane, extending yearly to forty boll of meal ; and for withholding the profits and fermez of the mylne of Fokkartoun for the space of six years, extending yearly to twenty-four bolls of meal. Against William Fokkart for the wrongous occupation of 40s worth of the said lands for six years bigane. Against John Inglis and his son for the wrongous occupation of six merks' worth of the said lands, callit the RyhilL of three years bigane. Against Patric Fokkart for the occupation of the town of Fokkartoun, and uptakin the malez thereof of three years, extending yearly to 40s. And against ane callit Crage for the occupation for three years of the hed town of Fockkartoun, the malez of which extended to 40s yearly (Ibid, 91). It is probable that Katherine Fokkart either had disposed or was on the point of disposing of the half of these lands, as the name of Sir William Knollis, Commander of Torfichen, has been originally inserted among the pursuers, but afterwards erased. From certain proceedings before the Council in 14.95, it would appear that Sir William had, about that time, acquired a right to the other half. On the 19th of THE PARISH OF LESMAHAGO. 227 October in that year, William Murray, forspeikare for Beatrix Fokkart (who appears by this time to have become a widow), appeared before the Lords of the Council, and protestit that, seeing the said Beatrix requirit a venerable faider in God, Robert, abbot of Kelso, overlord of the lands of Fokkartoun, that he suld ressave na resignacioun, nor gifF infeftment of the half of the lands of Fokkartoun to na manner of personis, and gif he did that, it suld not tarne her nor hir airis to na prejudice anent their richt. On the same day, William, Lord of Sanct John's (i. e., Sir William Knollis, who was entitled to this desig- nation as Commander of the Preceptory of Torphichen, the highest office among the Knights Templars in Scotland) protested that, seeing Beatrix Fokkart grantit that scho wald mak impediment to him anent the half-lands of Fokkarton, that he micht haf hir condampnit in the painis at scho is bundin to him; and askit a not that my Lord of Kelso grantit that he had resavit a resignacioun of the said landis {Ibid, 393). Subsequent to this, but before 1505, Abbot Robert confirmed to James Car- michael of Balnady, and Elizabeth Folkliart, Lis spouse, the lands of Folkariston, in Lesmaliao'o, which had been resigned in their favour by Robert (son of Sir William) de Knollis de Torphin (Torphichen), having been held by him in heritage, with the right of hawking, fishing, and hunting, peat-cutting, stone and lime, manufactories, malt-kilns, breweries of broom, etc. Aucupacionibas, piscacionibus, venacionibus, petards, tur- bariis, lapide et calce, fabrilibus, braseis, brueriis genistis. The Reddendum was 2 silver marks (Ibid, 426, 533). John Menzies of Castlehill was in 1628 served heir to his father, William, in these lands (Inquis. Spec, 159). They were valued in the Earl of Roxburgh's Tax Relief Roll of 1630 at 7 chalders and 8 bolls of victual. William Menzies was served heir to his father, John, in 1650. He was succeeded by his son William about 1688, who became a captain, and dying without issue, was, circa 1697, succeeded by his paternal uncle, Mr William Menzies, Writer to the Signet (Ibid, 240, 390, 434). John Douglas of Birkhill was, in 1644, one of the Committee of War for the county (Act Pari, VI, 132). Birkhill was shortly 228 THE UPPEK WARD OF LANARKSHIRE. afterwards acquired by Robert, a younger son of Stevin Lock- hart of Wicketshaw in Carluke parish. They are included in the same charter by which Weir of Blackwood, in 1665, conveyed to him the lands of Poneil (see ante, II., 224). He associated himself with his brother, Walter of Kirkton, in the rising at Drumclog, and had a horse shot under him at Bothwell Brig. While con- cealing himself after that battle, some zealous Covenanters who were with him proposed to join in a Psalm. Birkhill remon- strated, reminding his companions that the enemy was in close pursuit. He took refuge in the top of a tree, but had scarcely got himself concealed when the Royal soldiers surprised and captured his friends. Lockhart did not, however, long survive his escape. Worn out by fatigue and privations, he was soon after found dead in a moss, and was secretly buried, after nightfall, in the church of Carluke. The sword and pistols he wore at his death are still preserved in the family. He was forfeited, but the attainder was annulled by the General Act, rescinding forfeitures, passed in 1090 {Ibid, IX., 164). His son William was, in 1696, served heir to him in the F /<. /)////// r/ . Jrt I THE PAEISH OF LANAEK Is reported, by the reverend statist of 1834, "to lie pretty nearly in the centre of the county to which it gives its name;" and the area is about the same as that of the parishes of Carstairs, Coulter, and Dunsyre; about one-third of that of Carnwath, Crawfordjohn, or Douglas ; little more than one-fourth of that of Lesmahagow; and not much more than one-sixth of that of Crawford ; but, as containing the only parliamentary burgh in the Upper Ward, the population is considerable, although less than that of Lesmahagow. Prom Collielaw farm, on the Carluke march, to that of Coblehaugh, on the Clyde, the parish of Car- stairs marches on the north-east with that of Lanark; a section of Pettinain, but across the Clyde, comes in on the south-east, from Eastsills to Millhill; from Boathaugh, in Lanark, to near Harperfield, in Lesmahagow, comes in the parish of Carmichael ; on the south-west, from the junction of the Douglas- water with the Clyde to the village of Crossford, in Lesmahagow, the last- named parish forms the western inarch, the broad flood of the Clyde intervening, from opposite Nethanfoot to Auchinglen, south-east; Auchinglen to Lee-muir, north-east by Howgill, south to Birkenhead, thence north to Greenbank, the parish is bounded by that of Carluke, and "the irregular oblong form" assigned it is very rugged in outline, as see the map. By Ordnance Survey figures, the area consists of land 10192665, roads 142-035, water 175-105, railways 50-246, the latter greater since the line to Douglas has been laid down ; acreage 10560'061. An analysis and summation of the Ord- nance entries give 48 846 for marsh and moss, ll - 392 meadow, 7053-025 arable, 524*860 heathy pasture, 629612 rough pas- ture, 24078 brushwood, 1220-025 wood, 114-768 the river Clyde, 25-564 water — the Mouse chiefly, 25-989 loch — the town loch; roads 69 - 437, parish 59 - 270, turnpike 45-521, occupation 256 THE UPPEE WAED OF LANARKSHIRE. and other roads 21-499, tramway 50-246, and race-course 4*689; ornamental ground 231-780, quarry 6*158, graveyards 2 - 421, houses 232-270; area of the parliamentary burgh 297-621, of the municipal burgh 2333*399. The hills are few; Collie-law, on the north-east corner march of Lanark, Carluke, and Carstairs, being 969 feet; West-town Nemphlar, above the Clyde, 856; the hill above Mansefield, 805; Lanark-moor, 693; the town of Lanark itself "being 656 feet 3 inches above the quay at the new bridge of Glasgow," at least so informs the writer of the Old Stat. Account — Lockhart of Baronald. The Ordnance Survey Index Sheet on this parish is one of the lithograph set, with figures only, but scant of local information. To have given the property valuation of the burgh lies not within scope of these pages, that of the landward only being gone into, as with the parishes already brought under review. The estimated rental for 1791 was (234) about 3000?.; for 1858-9, 21,306?.; 1863-4, 23,315?., sinking fractions, and that exclusive of 7972/. 6s. 6d. assessable from the railway, the latter larger now. Of rentals, 1858-9, Lee estate (244) held 2891?. 13s., Bonnington (250) 1379?. 15s., Cleghorn (245) 1189?. 9s, New Lanark Mills, 1622?. 2s., with other ratings— 432?., 308?., 281?., 277?., 225?., 217?., 179?., 174?., 133?., 129?., 120?, 104?., 101?., 96?., 75?, 73?, 68?, 67?., 66?, 65?, 63?, 54?, 50?, 42?, 40?, 34?, 32?, 32?, 30?, 26?, 22?, 21?, etc. The farm rentals were 364?, 310?, 280?, 255?, 236?, 227?, 215?, 204?, 180?, 180?, 180?, 155?, 147?, 144?, 135?, 130?, 130?, 124?, 120?, 120?, 120?, 118?, 100?, 83?, and other smaller amounts. Lanark, as being chief town of Upper Clydesdale, has been always well supplied with roads, that from east to west, Leith to Ayr, having gone that way. The parish lacks the mineral wealth of Carluke and Lesmahagow, a little coal only being found, but lime is abundant. The Clyde gives the tourist attrac- tion to the district, while it is not a little aided by the beauty of the lower course of the Mouse-water at Cartland Crags and above it, but due notice of all these spots will appear in the topographic section of this Work. A. M. THE PARISH OF LANARK. 257 NAME. Lannarc, Lanarc, Lanerick, Lanerk, Lanark. Bishop Lesley, with the usual classical taste of his time, derives this from "lanarum area," an ark or repository of wool; in fact, a place where there was a " staple of wool," a privilege which was certainly granted to the burgh by a charter of Alex- ander III. The word is, however, undoubtedly of Celtic origin, and many places in Wales, Cornwall, and the Highlands of Scotland have this name, which there can be no doubt that Chalmers is right in translating a glade or open place in a wood. To casual visitors of the modern town, the name may appear inappropriate; but when any one surveys the surrounding country from the top of the dungeon-mound of the old castle, under the shelter of which the town was certainly formed, he must at once see the peculiar fitness of the term, as that fortress overlooks what must have been, in ancient times, a most striking and beautiful example of a forest glade. 4 HISTORY. Ecclesiastical Affairs. — The lands included in the existing parish were, in ancient times, divided into at least three ecclesi- astical divisions, namely, Nemphlar, St Leonards, and Lanark. The latter, although it is not mentioned in the inquisition as to the churches belonging to the see of Glasgow, which was sum- moned in 1136 by David, Prince of Cumbria, prior to his accession to the Scottish throne, appears to have been in exis- tence at the commencement of the twelfth century. The in- scription on the present bell of the church states that it was originally cast in 1110. This church appears to have belonged to the Crown until the reign of David I., who, by a charter granted intra 1150-53, and addressed to Francis Anglis et Scotis et Galwiensibus, conveyed it to the monastery of Dry- burgh, with the lands, teinds, and all other things justly belonging to it {Lib. de Dryburgh, 34, 43; 151, 209). This grant was confirmed by Bishop Herbert of Glasgow, by Malcolm the Maiden, and William the Lyon (Ibid, 35, 44; 178, 240; 179, 241). Amfridus, cornaisarius de Lanark (manufacturer VOL. II. 2 K 258 THE UPPEK WARD OF LANARKSHIRE. of implements of horn?), granted to the canons of Dryburgh, intra 1165-1214, his land in Lanark which he held of the King in burgage, and which lay between the workshop, fabricam, of Henry Well and the tenement of William the Janitor {Ibid, 155, 214). The right of the monastery of Dryburgh to the church of Lanark, and the dependent one of Petti nain, was confirmed by Bishop Joceline of Glasgow, 1174-1199; by Pope Lucius III. in 1183; and by Pope Celestin in 119G (Ibid, 36, 45; 152, 210; 194, 249; 197, 250). Bishop Florence of Glas- gow, 1202-7, ratified the title of the monastery of Dryburgh to the church of Lanark and its dependent chapels, ad usus pro- prios, sustentancionem suam et pauperinm et hospitium sus- ceptionem (Ibid, 38, 49); this right was again confirmed by his successor, Bishop Walter, in 1232 (Ibid, 39, 51); and also by Bishop William, intra 1232-58; by James, the papal legate, in 1221; by Alexander II. in 1230, and by Pope Gregory VIII, in 1228, who, by his bull, prohibits any one constructing a new chapel or oratory in any of the parishes belonging to the monastery without the consent of the bishop and canons, but re- serving the rights of the Holy See, and forbids any one to commit rapine or theft within the bounds, clausuras, of their places and granges (Ibid, 40, 52; 171, 234; 180, 242; 198, 251). This was granted in April, and in the following month the same Pontiff took the church of Lanark and the other possessions of the abbey of Dryburgh under his special protection, lest they should be disturbed by the injuries of wicked men. Later in the same year he confirmed a grant made to the canons of the abbey by the Bishop, confirming their right to the church of Lanark, and ordering that the vicarage should cease to be served by a secular priest, ordinabis a vobis, de predictorum episcopi et capituli consensu in ipsis ecclesiis vicariis, in quibus seculares clerici debeant deservire (Ibid, 40, 52; 171, 234; 180, 242; 198, 251; 206, 257; 223, 278). About this time several of the proprietors in Lanark made donations to increase the revenues of their parish church. William de Karamikley, burgess of Lanark, granted to the canons of Dryburgh a tenement in the said burgh, between the THE PARISH OF LANARK. 259 house of William the weaver, medium inter mansione Willelmi textoris, on the one side, and that of John Blaw on the other, in excambion for another tenement opposite to his house which they had granted to him; so that John, the son of Enock, and his heirs, who hold the same burgge tenement in feu from me, should pay yearly 5s as feu-duty to the abbot and convent (Ibid, 155, 215). Jordanus Brae granted to the church of St Mary of Dryburgh and St Kentigern of Lanark certain lands, to be held of him and his heirs in pur am et perpetuam elemosinam, i.e., as a charitable gift, for the soul's weal of King William and others. These lands are described by their boundaries, "through the middle of the moss next adjoining the lands of the brethren of the hospital (St Leonard's), which I gave to them, and so to the old ditch on the south, and so by the small moss on the east, with the whole of that moss to the royal road, and passing up the centre of the same, returning through the middle of the first mentioned moss, as the said land has by the canons been sur- rounded by a ditch, with all rights of pasture and thirlage, as freely as I hold the rest of my land from the King Alexander, per mediam cujusdam marescii proxime adjacentis terre Fra- trum Hospitalis, qaam dedi, et sic ad veterem fossam in australi parte, et sic per mariscum parvum in orientali parte, cum toto Mo marisco usque in viam regiam ascendendo, usque ex equo respondeatur mediatate primo nominati marisci, sicut predicta terra fossa canonicorum circumdatur, cum omni pas- turd et libertate multure {Ibid, 156, 216). John Brae con- firmed to God, the Blessed Mary, St Kentigern, the abbot and convent of Dryburgh, and the rectors of Lanark, the lands bestowed on them by his father, which he describes as sur- rounded by a ditch on the east of the church, circumdatum fossato ex orientali parte ecclesie de Lanark, to be held of him and his heirs, for the soul's weal of King Alexander, free of all service, custom, or demand {Ibid, 157, 217). William Giles, for the souls' weal of Kings William and Alexander, granted to God and the mother church of St Kenti- gern of Lanark, the tithes and oblations, ommes decimationes et 260 THE UPPEE WARD OF LANAP.KSHIRE. obventiones, of his land of Mosplat (now in Carstairs parish), which he held by gift from King Alexander in his forest, and the right of thirlage, not only of the land then in cultivation, but also of that which might afterwards be tilled, and of the meadows and pasturages. Tarn de molendinis quarn de terris cultis et collendis tarn de pratis quam depascuis (Ibid, 157, 218). Robert, the deacon, son of Hugh, clerk clericus of Lanark, granted to God and St Kentigern of Lanark, for the purpose of lighting the church, the feu-duty of 3s annually, payable from the land which his brother Walter, the shoe or brogue maker, taliator, held of him ; the same to be collected by the rector {Ibid, 154, 213). Alexander, the Royal seneschal, Alexander Regis Scotorum senescallus, granted, intra 1218-1249, to God, the blessed Mary, and St Kentigern, and the canons of Dryburgh in the church of Lanark, the whole annual revenue paid by the whole land belonging to his barony, namely, 5 sol. 6 den air, in the same town, to provide a light in the greater church and chapel of that town, ad sustentanda luminaria in majori ecclesid et capelld dicte mile, for the soul's weal of King Alexander (Ibid, 152, 211). Dominus Valentine, canon of Lanark, was in 1226 witness to an agreement between the Bishop of Glasgow and the Abbot of Kilwinning (Reg. Glas., 118, 140). In a schedule of the Papal bulls relating to Scotland, which was drawn up in 1282, there is a memorandum that Dominus William de Dumfries was told by Magister Ricardus de Lanark, procurator for the King, that there was a bull in the Roman archives, which declared that the King was not bound to give their revenues to the bishops before they gave him their faith (Act Pari, I., p. 2 after Preface). About the beginning of the fifteenth century, John Simpsone, burgess of Lanark, founded a "chaplandrie" in the paroch kirk (Robertson's Index, 145, 24). James IV., in the last year of the same, granted to William Clerkson, chaplain at the altar of the blessed Virgin, within the parish church of Lanark, a tene- ment in the burgh which had reverted to the Crown by reason THE PARISH OF LANAEK. 261 of the bastardy of the last owner {Privy Seal Reg., 2, 14). There was also an altar or chantry dedicated to the Holy Rood (Book of Assumptions). The abbot and canons of Drybnrgh appear to have appro- priated to themselves the rectorial tithes from the time of the grant of King David, in the twelfth century, until the era of the Reformation, the cure being served by a vicar and curates, generally elected from among the canons. We shall afterwards advert to the value of these benefices, but before doing so, will, for the sake of perspicuity, give a short description of the churches and chapels dependent on the mother church of Lanark. The church of Padevane, or Pettinain, was one of these, but having been made subsequently a separate parish, an account of it has been already given (see Pettinain). William the Lyon, 1105-1214, granted to the church of Lanark the whole church and parish of Nenflare and Cartland, et decimam universam de omnibus averiis et vicariis meis que in predictis villis posita sunt aut ponentur; and ordered that all men therein should pay their teinds to Lanark, and look upon it as their mother church in all things as they ought to regard it (Lib. de Pryburgh, 36, 43). The Knights Templars seem at one time to have held a small portion of land in Nemphlar, valued at 6s 8d. This is described as the " Land of Chapell," or "Old Man's Apple-Tree, " and became the property of the Lockharts of Lee (Inquis. Spec, 328, 383). Sir Patrick Louis appears to have been chaplain there in 1494 (Act Pom. Con,, 374). There was also an ancient chapel at Cleghorn, the incumbents of which, in the early part of the thirteenth century, unsuccessfully set up a claim to be independent of the church of Lanark. About the year 1220, the Bishop of Dunkeld and the abbots of Stirling and Lundors, being appointed arbiters by the Pope to decide the dispute which had arisen between the canons of Dryburgh and C, clericus, about the chapel of Cleghorn, summoned the parties before them, when the chaplain having failed to appear, they decreed that the canons should have possession for the purpose of preserving the property, rei sermndae (Lib. de Pryburgh, 262 THE UPPER WARD OF LANARKSHIRE. 170, 232). This decision was confirmed by James, the Papal Legate, in the following year (Ibid, 171, 234). The chaplains, however, still insisted on their church being an independent benefice, in consequence of which the canons had again to apj)eal to the Apostolic See. The abbot of Jeddewod and the prior of Merskys were in consequence appointed to decide between them and William de Hertford, clericus, and in 1226 gave their decree that the chapel of Cleghorn belonged to the former, as pertaining to the mother church of St Kentigern of Lanark, condemning their opponent, at the same time, to pay 10 merks for the expenses of the litigation (Ibid, 168, 230). This sentence was confirmed in the same year by Pope Honorius, and by Pope Gregory in 1228 (Ibid, 169, 231; 216, 271). The canons, however, took care not to trust exclusively to these decisions in the spiritual courts, but succeeded in obtaining, in the latter year, a charter from the owner of the lands acknowledging their rights. Kobert de Caramiceley, having, for the soul's weal of his lord, Philip of Valoniis, granted a deed in favour of the abbey of Dryburgh, by which he declares that he firmly believes, and publicly protests, that the chajael of Cleghorn, by parochial right, ought to look to the mother church of St Kentigern, at Lanark, as the canons have proved before the Papal delegates, and renounces in their favour the advowsons and (or) every right he might have in the same as proprietor of the lands. Advocatio vel quod jus aliud mihi competit ratione dominii in territorio de Cleghorn (Ibid, 171, 233). The canons also obtained about the same time, from Bishop Walter of Glasgow, a confirmation of their right to this chapel, free from all episcopal dues, except 4s annually for syno- dals, on condition that they should honestly serve the same by their chaplains at Lanark. Towards the close of his life he again confirmed their right to this chapel, along with the churches of Lanark and Pettinain, which was subsequently acknowledged by his successor, Bishop William, 1232-1258 {Ibid, 39, 50; 39, 51; 40, 52). The chapel of St Nicholas stood within the burgh, the mother church being situated a short distance beyond its boundaries, THE PARISH OF LANARK. 263 and was especially frequented by the burgesses. It existed at the commencement of the thirteenth century, as Robert, the deacon, son of Hugh, clerk, clericus, of Lanark, granted, circa 1250, to God and St Nicholas of Lanark, to light his chapel, the whole feu-duty of the land which he bought of William, the son of Ulphe, and which was held of him by William, the butcher, namely, 50 denarii {Lib. de Dryburgh, 153, 212). In 1550 Dominus Andrew Allan left 5 merks to assist in building the church of St Nicholas of Lanark {Confirm., 8th June, 1553, Com. Rec. Glas.) This chapel had connected with it no less than four altars or chantries. The canons of Dryburgh founded one, dedicated to St Michael, and reserved to themselves the right of presentation {Privy Seal Reg., VI., 17). The advowson of "our Lady's Altar," belonged, until 1G05, to the Levingstones of Jerviswoode, but between that date and 1612 was transferred to the Lockharts of Lee, as it is contained in a Parliamentary ratification of their titles passed in the latter year (Inquis. Spec, 28; Act Pari, IV., 511). Another, known as the "Haly Bluid Altar," was endowed and maintained by the town of Lanark; while Sir Stevin Lockhart of Cleghorn, in 1491, granted in mortmain the place of Clydesholm, and the passage-boat upon the river Clyde, with all the profits arising therefrom, for the support of a chaplain at the altar of St Catherine in St Nicholas' chapel of Lanark, which grant was confirmed by the King on the 7th March, 1491-2 {Reg. Mag. Sig., XII, 355). The validity of this mortification was, however, disputed by the chaplain serving at the Haly Bluid Altar; for, in 1495, John Ramage summoned Master Robert Hietown, Sir Robert Quippo, chapellanis, and Stevin Lockhart of Cleghorn, knight, before the Lords of the Council, " Sir R. Quhippo for the wrongous vexing and troubling of the said John in his passage and labouring of the ferry-bait of Cliddesholme, and the baithill and wrongous taking from him of 2 meres ; and the said Master R. Hietoun and Stevin Lockhart for the wrongous uptaking and withholding from the said John of 5 meres 6 sh. and 8d, as they had maid set to him of the said ferry-bait for the space of 3 years, and to keep the said John scaithless of double mails for the said ferry-bait. Sir 264 THE UPPER WARD OP LANARKSHIRE. Robert claimed the said bait and ferry to pertain to him, be gift of the town of Lanark, as mortified to a service that he has of them, and said it was a spiritual action, and amongst spiritual persons; and Master Robert Hietown claimed it to pertain to him, by gift of the said Sir Steven, for a service mortified to him." The case was remitted to the Spiritual Judge Ordinary, as it concerned spiritual men and the mortification of the boat. The existing records contain no trace of any further proceedings ; but there being no mention of any revenue appertaining to the altar of St Catherine in the return of the rental of the chapel of St Nicholas made at the time of the Reformation, it is probable that the ultimate decision was in favour of the town and their chaplain (Act Bom. Con., 414). In the Libellns Taxationum Regni Scotice the rectory of Lanark is valued at £4<0, and the vicarage at £6. The rectorial teinds were, in 1535, and for nearly a century afterwards, let for the sum of i?80, from which the canons allowed =£10 each to three chaplains (Lib. de Dryburgh, 333- 370). These teinds were divided into two portions, known respectively as those of the " In-kirk," which were drawn from the lands more immediately attached to the burgh, and those of the "Out-kirk," which comprehended the tithe of the rest of the parish. The progress of the titles to the latter is very obscure. It has been asserted that the canons had made an heritable grant of them to the Lords Somerville of Carnwath, and they are specially included among the pertinents of that lordship in the retours of the Dalziels and Lockharts, who succeeded them therein (Inquis. Spec, 337, 387); while, in the Memorie of the Somervilles (Vol. II, p. 45), it is stated that Lord Gilbert was, in 1598, at feud with the Lockharts of Lee "because of his drawing ther teynd, as having right to the teynd of the wholl out-parish of Lanark." The difficulty is to reconcile this with the rentals and other deeds contained in the Dryburgh chartu- lary. Thus, in the rental of the year 1535, Lanark is included among the kirks that pay silver to the abbey, and it is noted that the Earl of Angus and James Hamilton had paid =£80 therefor (p. 333). The same statement occurs in the rental of THE PARISH OF LANAEK. 265 154)0, and also in that of 1545, with the exception that the pay- ment in the latter is entered as made by my Lord Angus and Sir James Hamilton (pp. 337, 351). In a similar document, drawn up intra 15G0-70, the kirk of Lanark is entered as "assedata to my Lord Angus and Sir James Hamilton for i?80 ; " and in another, prepared circa 1580, as " set" to them for four score pounds (pp. 358, 302). The following entry occurs in an account of the revenues of the abbey for the year 1567, " Intro- mitted and taken up by my Lord Commendator, the hail mailis of the kirk of Lanark, yearly ofi'SO." The document which, however, it is the most difficult to reconcile with the existence of an heritable right in the person of Lord Somerville, is a memorandum that the abbey had granted a a tak, setting to James Hamilton of Libbertoun the teind scheaves of the out- parochin of Lanark for 19 years, the entry being on the 21st June, 1601, payancl i?40" (p. 328). From a tax relief roll made up in 1630 for the behoof of the Earl of Mar, to whom, in the meantime, the abbey of Dryburgh had been granted, we find that, although Lockhart of Lee and some other smaller proprietors had by this time purchased the teinds of their lands, and leases of other minor portions had been granted, the bulk was still in the possession of the Earl (p. 382). It does not, however, appear whether he held them as lord of erection of the abbey or as purchaser from Lord Somerville of the barony of Carnwath, with its pertinents. The fact that, if the Somervilles ever had any title to these teinds, they were now vested in the Earl of Mar, suggests the only explanation which appears to us possible, namely, that they never had any right to them at all, that the Earl's sole title was as lord of erection, and that when he came to sell the barony of Carnwath to the Dalziels, having, as we shall immediately see, previously disposed of the in-kirk teinds of Lanark, and parted with his other property in the county of Lanark {see Walston), he felt that it was useless in him to retain this small pendicle, and included it in the sale. The matter being so small, the fact of his not having derived his title from the Somervilles, as he did the rest of the property, was overlooked, and the whole was described in the retours as VOL. II. 2 L 266 THE UPPER WARD OF LANARKSHIRE. belonging to the "ancient lordship" of Carnwath. This again deceived the author of the history of the Somervilles, and led him to suppose that his ancestors had possessed these teinds, and to argue from that as a fact which accounted for their feud with the Lee family. This view is confirmed by the terms of the charter and act of erection in favour of the Earl of Mar (Act Pari., IV, 343), and also by the fact that, in 1751, Lock- hart of Carnwath advanced a claim to the patronage of the church of Lanark, founded on the conveyance to him of the barony of Carnwath from the Earl of Mar through the Dalziels, which could not have been based on a right possessed by the Somervilles, as they never had any to this advowson. His claim was refused, but only on account of an evident flaw in the title of his author (M orison Diet, 9913). The in-kirk teinds were in 153-5, as we have already men- tioned, held in lease by the Earl of Angus, for the annual pay- ment of dP40. He had a new tack at the same rent for nineteen years, from Lambes, 1585, of the "teind scheaves of the town lands, territorie, and boundis of the burght of Lanark, called the in-teyndis of Lanark' - ' (Lib. de Dryburgh, 327). He continued to hold these, as lessee, till 1620 (Ibid, 370), when, having most probably purchased the feudal right from the Earl of Mar, he, on the 7th March, obtained a Royal charter of the same, dated at Whitehall, which was confirmed by Parliament in the follow- ing year (Act Pari, IV., 634). At the time of the Reformation, the vicarage, with the kirk land and glebe, and the corn tithes of the beir yards, extended to 28 bolls of meal and bear, with 16s 8d in money. The rest of the revenue, " when all manner of dewties was paid," of old was worth 40 merks, but then only 20 merks. The procurations of the bishop and synodals amounted to 5 merks 10s 8d. The vicar paid i?10 a-year to a curate; and the Rood Altar had an income of £7 a-year. At the same time, Sir Thomas Godsel, chaplain of the church of St Nicholas, reported that his benefice was worth d£>40 annually, from which he paid i?10 to a curate, but he had received no payment for three years ; and that the yearly rental of the Lady Altar was 15 merks; of the Haly THE PARISH OF LANARK. 267 Blucle Altar, £±; and of St Michael's, £'3 (Book of Assump- tions). The kirk-lauds were of considerable extent, having been valued in the new extent at the sum of £7 3s 4d. They became the property of the Earl of Mar, by virtue of the grant which erected the possessions of the abbey of Dryburgh into the temporal lordship of Cardross in his favour. The Earl con- veyed this to his second son, Henry Erskine of Cardross, whose son, David, circa 1640, sold the kirk-lands of Lanark to George Baillie of Jerviswood (Act Pari, IV, 343; Inquis. Spec, 194, 236, 391). The patronage of Lanark was included in several Royal grants, the history of which is interesting, as exemplifying several important principles in feudal conveyancing. Till the Reforma- tion, the rectorial revenues were retained by the canons of Dry- burgh, while the cure was served by a vicar appointed by them. After that epoch the right of presenting a minister to the bene- fice became vested in the successive commendators of the abbey. When its possessions were, in 1604, erected into the temporal lordship of Cardross, this right was conveyed to the grantee, the Earl of Mar. Notwithstanding, however, that this charter was ratified by Parliament in 1606 (Act Pari, IV., 343), doubts appear to have arisen as to its validity, most probably from the fact, pointed out afterwards by the Court of Session, that at the date of this grant the advowson was not in the Crown, but in the coinmendator of the abbey, whose resignation was not obtained till a subsequent period. In consequence of this the Earl, in 1615, sued out a charter of novo damus, but in that deed the right of patronage was reserved by the Crown, it being provided that "sufficient ministers should be provided to the said kirk, who shoidd be named and presented by the King" (M orison Diet, 9913). This right of presentation was exercised by the Crown until 1647. In that year Sir James Lockhart of Lee had a new investiture of that estate, in which he had included the patronage of Lanark, which was duly inserted in the retours of his descendants (Inquis. Spec, 383, 427). Very singularly, no opportunity occurred of exercising the right of patronage for a century ; the appointment of a minister at the Revolution 268 THE UPPER WAKD OF LANARKSHIRE. having been carried through by the Presbytery, and the next vacancy occurring during the existence of the Act of King William, which vested the right of presentation in the heritors and elders. In the meantime, the Lockharts of Carnwath, who had become possessed of any right which the Earl of Mar had to the advowson, began to include it in their services and retours (Inquis. Spec, 387). A vacancy, however, occurred in 1647, when their respective rights became a subject of keen litigation between the Crown and the families of Lee and Carnwath. A claim was also set up by the town of Lanark, but was not seriously insisted on. The Court held that the claim of Lockhart of Carnwath was untenable, the charter of 1615 having extin- guished any title that had previously vested in his author. They also decided that the grant of 1647, in favour of Lockhart of Lee, was null and void, because the King was a prisoner in England when it passed the seals, and that, although the exchequer had then, by an Act of Parliament passed in 1645, a power to expede new gifts, while the grants to individuals were saved in the Act of 1661, which rescinded the proceedings of the convention of 1645, still that power only extended to casualties, and was no authority for the alienation of the patri- mony of the King (M orisons Diet, 9913). The right of presen- tation has ever since been exercised by the Crown. Mr David Conyngham was in 1570 minister of Lanark. He was paid 40 merks by the Earl of Glencairn, who had some title to the possessions of the abbey of Dryburgh. Mr Conyngham had an augmentation of 20 merks in November, 1572, and was in the same year assisted by Mr Kobert Lindsay, as reader, who had a salary of £20 (Book of Ministers, 32). Mr John Liverance was inducted to the benefice in 1567, and was succeeded, in 1574, by Mr James Eeat (Davidson's Hist, of Lanark, 59). Nisbet (Vol. II., App. 68) informs us that Mr William Birnie, the representative of the Birnies of that ilk, was, when "at age, and after three years' study abroad, upon the 28th December, 1597, presented by King James VI. to the church of Lanerk, and made by him also a member of both the courts of High Commission. In which parish, because of the several THE PAEISH OF LANARK. 269 quarels and feuds amongst the gentlemen, he not only learnedly jDreached the gospel, but was obliged many times, as he well could, to make use of his sword. He married Elizabeth, a brother's daughter of Lindsay of Covingtoun." A certificate by Mr Birney, who in the record is styled Burny, was produced before the Court of Justiciary in 1598 {Pit. Grim. Trials, II., 61). He published a book entitled "The Blame of Kirk Burial tending- to Persuade to Cemeterial Civilitie," in which he con- tends against the practice of burying within the area of churches, a custom to which the Presbyterian clergy generally were strongly opposed. He was succeeded by Mr William Living- stone in 1611 (Davidson's Hist. Lanark, 59). On the 23d February, 1643 — Mr Samuel Rutherford of St Andrews having, on the 12th of May previous, declined to leave that college and accept the charge of Lanark — Mr Robert Birnie was admitted to the kirk of Lanark (Pres. Rec) He was the third son of the above-mentioned William Birnie. He was one of the committee of the Presbytery who attended the army of the Estates to Kill- sythe, and after the defeat there, fled to Berwick, where they remained till after the battle of Philiphaugh (Pres. Pec, 2d October, 1645). On the 17th June, 1647, he was one of a committee appointed by the same body to revise the Psalm Book. In September, 1649, he was ordered by the Presbytery to report his opinion as to a proposed Act for the maintenance of the poor. According to Wodrow (I., p. 326), he was expelled from his benefice in 1663. This, however, is evidently one of the many mistakes of that gossipping and unscrupulous writer, as Mr Birnie was a staunch adherent of the Royal and Prelatic party. We find him acting as moderator of the Presbytery on the 12th of May in the following year (Pres. Rec.) He married Christian, daughter of Dr Patrick Melvine, Professor of the Oriental Languages at St Andrews. According to Nisbet (Vol. II., App. 68), she was so good a proficient in the Hebrew language, that she was able to English it in any part, even with- out points. They left one son, who, by his marriage with the heiress of James Hamilton of Broomhill, Bishop of Galloway, founded the family of Birnie of Broomhill. Mr Birnie adhering 270 THE UPPEK WAED OP LANARKSHIRE. to the cause of the Stuarts, was ejected from the living in 1689, as, in the case of Lockhart versus the Officers of State, it is asserted that he held the benefice till he left it at the Revo- lution, when Mr John Bannatyne, who had a meeting-house in Lanark, took possession of the church without any title (M orison's Diet., 9913). Mr Bannatyne, who was most pro- bably appointed by the Presbytery, jure devoluto, held the cure till his death, and was, on 14th July, 1708, succeeded by Mr John Orr (Pres. Rec.) The following extracts from the records of the Presbytery of Lanark are interesting not only as relating to that parish, but on more general grounds : — The parish of Lanark contributed £6 sterling to the collection made for the town of Dunfermline in the year 1624. On the 25th January, 1627, the Presbytery ordered the Laird of Ley "to come the next Sabbath-day out of his awen seat within the Leuch Kirk of Lanark, before his awin minister, Mr William Levingstoun, and there to humble himself upon his knees, crave God and the congregatioun forgiveness, for mis- regard of God and his Sabbath in drawing ane quhinger within his house." On the 15th of March, 1638, they sent for the bailies of Lanark, and desired them to take some course for punishing "such persons as had lately injured some of the brether in that tumult which fell out in their toune, or otherwayes that they would no more seem to countenance that wrong, in keeping Presbyteries within their toune," which the bailies promised to perform with all diligence. The following minute appears under the date of the 1st November following: — "Compeared diverse barones, gentlemen, the bailies of Lanark, and other burgesses there, and gave in a complaint, containing many particulars, against Patrick Lindsay, present Archbishop of Glasgow. The brethren considering the matter so important, refer it to the General Assembly, and order their officer to goe to the said bishop and summond him to compeir befoir the General Assemblie in Glasgow." This illus- trates, in a most startling manner, the confusion existing at this THE PARISH OF LANARK. 271 period; for it is almost impossible to conceive any ground upon which the Presbytery of Lanark could suppose that they had any jurisdiction over the Archbishop of Glasgow, either as an individual or in his official capacity, which, curiously enough, they seem to admit. The parish of Lanark was represented in the important meeting of the Presbytery, so often referred to, by Mr William Levingstone, minister, and Gideon Jack, elder. On the 9th of July, 1640, every minister was ordered to make intimation, upon the Sunday following, to all the gentle- men, troopers, horsemen, "to be in readiness to make their randevous in Lanark Moore upon the Teusday thereafter; and on the 1st of October they were ordained to warn their troopers to meet George Lockhart on Lanark Moore on Teusday next, as also to make intimation to their runaways to be in Lanark on Saturday cum eight days." On the 12th of May, 1642, we find the Presbytery engaged in forwarding a most laudable enterprise, the ascertaining the correct geography of the country, which their successors have well carried out in the successive Statistical Accounts of Lanark- shire, as on that day they instructed Mr John CarmichalL com- missare of Lanark, with others whom he shall choose, "to meet for drawing up a map of the shire." The bailies of Lanark applied to the Presbytery on the 14th December, 1643, and desired the brethren to contribute their best endeavours for advancing their manufactories, by dealing with their parishioners for this effect, which the brethren promised faithfully to do. On the 1st of August, 1644, Katherine Shaw was accused of witchcraft, having been delayit by some witches apprehended in Calder. On the 22d of the same month, it was reported to the Presbytery that she " now doth confess many gross points of witchcraft, and that she had at sundry times conference with the devil, had renounced her baptism for him, and had received a mark from him." She was the same day produced before the Court, when, "having heard the foresaid particulars, with divers others, read and recited to her, she adhered to all in the face of 272 THE UPPER WARD OF LANARKSHIRE. the Presbytery, and showed the mark she had received from the devil ;" whereupon the brethren directed supplication to be made to the Council for a commission to try her. We have not been able to find any further notice of the case of this poor woman. On the 17th April, 1645, the Presbytery, taking into con- sideration the profanation of the Lord's-day which flows from keeping of fairs upon the Monday, ordained Mr Birnie to deal with the magistrates of Lanark for changing the day of their fair. This laudable desire of the Presbytery could not, however, be carried out, as the magistrates replied that they could not alter the day, "as there was an Act of Parliament ordering the same to be done." A sermon was ordered to be delivered before the Presbytery at Lanark on the 2d October of the same vear, "for the merci- ful deliverance at Philiphauche ; " and on that occasion the Laird of Lee and Gideon Jack, bailie of Lanark, were personally thanked "for their commendable adherence to the Covenant, and resolute resistance to the enemy in this difficile time." On the 20th March, 1646, William Crawford, burgess of Lanark, compeared before the Presbytery, and it being found "that he stayed at home when the enemy was in the countray, and received a protectione, he was referred to the session, the Barrone of Wistoune becoming cautioner for his obedience." The next extract relates to what would now be considered conclusive evidence of insanity, but was then considered by the Presbytery a case of wilful sin. It is reported on the 11th Feb- ruary, 1647, that Stevin Gardner, "being troubled with ane spirit, had conditioned to keepe a meeting with it into the church yeard of Lanerk at night, upon the 5th of March. The brethren think fit that the man be examined, and, the matter reall, that he be prayed for be the congregatioune, and be made sensible of his guiltines." As the time and place of the rendez- vous with the evil spirit were so distinctly stated, we wonder that none of the brethren had the courage to meet it, and by his own experience determine whether the story of the man was "reall," the only way in which that question could be positively THE PARISH OF LANARK. 273 determined, if they ever could have looked upon it as anything else than a morbid delusion. "We should have thought that an encounter with the arch-enemy in person would have been too attractive an opportunity for the exercise of their spiritual gifts not to have been taken advantage of by some of the more zealous of the brethren. On the 9th of September of the same year, a committee was appointed, on the intelligence that my Lord Lee had purchased from the King a gift for transferring the " right of patronage of the kirk of Lanerk to himself, &nd that he was to pass the same with the Exchequer, who, with the advice of Mr Robert Douglas, moderator of the Assemblie, and my Lord Warristoun, the King's advocate, should use such measures as is most convenient, that the Presbyterie suffer no prejudice in their interesse through the foresaid gift." The following is the minute of the 22d June, 1648: — "In respect of the troubles of the time, the most part of all the ministers leaving their houses for the insolencie of the trowpers, many of them in the meantime being quartered in Lanarke, the former appointed day could not be keeped by the brethern; therefore occasionallie met this day, and they appoint these who should have exercised before to exercise the next Presbyterie day." On the 2d of July of the same year, a rather serious riot occurred in the church of Lanark. Mr Robert Burns reported to the Presbytery on the 6th that on the former day, "being the Lord's-day, and a solemne day of humiliatione, in time of Divine service, about allevine hours, whill the said Mr Robert was preaching, Captaiue Johne Somervill of Cam- busnethen came to the toune of Lanarke, and having a com- pany of men with him, approached neire the church, which caused so great a noyse amongst the people that the minister (who knew not then the cause) could not compesce them, and inquireing of Captaine Maxwell, who was then sitting in the church, if there were any plot for takeing of men at that time, the said Captaine answered, with great and solemne attestations, he knew of no such thing, and that no man should be harmed VOL. II. 2 M 274- THE UPPEK WARD OF LANARKSHIRE. or sturred. But presentlie the colours appeared, and soulidiours incompassed the church doores with pickes, musquets, and swords, and the said Captaine Johne Somervill entered in at the church doore; at which sight, in such a place in so solemne a day and time, the women and others, amazed with feare and sorrow, most lamentablie weeped and cryed out. Schortlie after, Captaine Hugh Maxwell, notwithstanding his solemne attesta- tions, commanded all the women to goe foorth of the kirke, and after he had put them foorth, hee and his souldiers laid violent hands upon what men they could find belonging to the town of Lanarke, and of Nemphlar, within the said paroche, and haled them to prison. By reason of which tumults, the service of the Great Lord was interrupted and marred at that time, and the rest of that solemne day was spent in imprisoning of men, quartering of souldiers, and lamentable outcryings of poor women and children for their husbands and parents." Where- upon the Presbytery, taking to their serious consideration the "heynous fact of the said Captaines being so fearfull a sinne committed immediatlie against the majestie of God himselfe upon his own day, it being a day of solemne humiliation," referred the whole matter to the General Assembly. It appears, however, to have been returned to the Presbytery, as on the 31st of August, "the moderator demanded the brethern if they had summoned Captaine Maxwell and Captaine Somerville, and it was answered that they had once summoned them, whereupon the Presbyterie delayed farther processe for the present, in respect they are uncertaine whether they be alive or not, because of the battell at Prestown in England." Both, however, escaped from this defeat, and were, in 1650, restored to communion with the kirk. On the 23d June of that year, it is recorded in the books of the Presbytery that Captain Hugh Maxwell com- peired, " being ordained the last day to conferre in privat with diverse brethern, and the said brethern reporting that in privat conference he professed himselfe convinced of the unlawfullnesse and sinfullnesse of the late engagement, and likewise seemed to be humbled for his gross miscarriage in following of it, and bath spoken to that purpose in juiblict," they remit him back to THE PARISH OF LANARK. 275 the General Assemblie. On the 27th of the same month, Cap- tain John Somervill compeired, with a reference from the com- mission of the General Assemblie of the date, at Edinburgh, the 20th of this instant, showing "that they having considered the report from the Presbyterie of Edinburgh concerning him, and finding thereby that he is verie sensible of his great offence and sinne in his accession to the late unlawfull engagement and impious insolencies committed by him therein, and doe there- fore referre him to the Presbyterie of Lanark to receive his publict satisfaction, according to his degree of guiltiness/' When the Presbyterie having heard himselfe, personally present, ex- presse verie much sense of his sinne and offence, ordered him to attend before them on the 4 th of July. This order he obeyed, and again acknowledged "his great sinne and offence in troubling and interrupting the service of God upon the second day of July, 1648, in the time of the unlawfull engagement, being the Lord's- day and a solemne day of humiliation, in the church of Lanarke." Whereupon the Presbytery ordained him "to sit in a seat before the pulpit, in sackcloth, bareheaded, in the church of Lanarke, and there the minister of Lanarke to speake to him, and upon the Sabbath next thereafter to be absolved and received accord- ing to the prescribed order." On the 28th December, 1648, Gideon Jack and Patrick Craig- compeared on behalf of the town of Lanark, and informed the Presbytery " that they were to present to the honourable Lords of Parliament ane humble supplication for their Lo. help to them, who were almost undone by the oppressionis of the souldiers of this late armie, and other troubles before times;" but the brethren appear to have taken no action in the matter. On the 18th of July, 1650, a woman, convicted of loose con- duct, was ordered to stand day about in the churches of Lanark and Carmichael till she gave signs of repentance, and also to stand barefooted and barelegged at the church doore between the second and third bell. When Cromwell invaded Scotland in the summer of 1650, the Presbytery of Lanark used every exertion to raise forces to oppose him. On the 18th of July, "conceiving it a verie neces- 276 THE UPPER WARD OF LANARKSHIRE. sarie dutie in itselfe to promote the present publict expedition, in so great a hazard appearing to Religion, King, and Kingdome, they ordained every brother to be carefull for informing and encouraging his people in generall, and as they are called to employments in particular ; as likewise to exhort all gentlemen, not being in the first or second class of malignants, that are able for service, and are mounted with good horses, though not heritours, to goe along with the present expedition, as they will evidence their affection to the cause, and answer the acts of the Estates; and farther, required each brother to take particular notice of such in their respective charges as lurkes at home> and to give up their names particularly, that they may be cen- sured ecclesiasticallie, and recommend to the Estates of Parlia- ment for civile punishment." On the 5th September, 1650, the Presbytery, while assembled, received news "anent the defeat and scattering of the armie at Dunbar," and spent part of the diet in prayer. On the 19th, they ordered a day of humiliation to be held, and each of the brethren to make a collection for the wounded, and to "exhort and presse out gentlemen and all well-affected men to assist the present expedition of the association, and be at the rende- vous ; " and also " to agree with one in the town of Lanarke that they may get intelligence of publict business." The minute of the 28th November bears — " The which day, Mr John Home did exercise as he was ordained, but the brethern got not libertie to sit doune in Presbyterie, because, immediatelie after exercise, the enemies came to the towne of Lanarke, being about the number of four thousand horse, and so were forced to go away in haste out of the towne; and the said horses staid in the said towne of Lanarke till the Saturday in the morning, and then went to Hamiltoun, and upon the next Lord's-day thereafter was that sadde stroake at Hamiltoun." The Presbytery met at Milmure, in the parish of Carmichael, on the 2d of January, 1651, "because they mighte not meete at Lanarke because of the enemies;" but an attempt to hold a meeting at Lanark on the 20th of March was a failure, none of the brethren having attended, by reason of the alarms of the THE PARISH OF LANARK. 277 enemies, with the exception of the moderator and two or three more. Differences of opinion having arisen among the members of Presbytery at this time, they split into two parties, each of which claimed to be the representative of the duly authorised body. The year 1655, however, saw the Presbytery of Lanark once more reunited, it being recorded on the 1st of June that "the Presbyterie, formerly dividit, did meett and joyned together in one Presbyterie at Lanark, according to the appointment of the Synod;" and a committee, of which Mr Birnie of Lanark was one, was appointed to arrange the books of record, so as to embrace the proceedings of both parties. The meetings of the Presbytery were also prevented, on more than one occasion, by the state of the roads; for instance, on 8th January, 1673, it is minuted that there was no meeting, " because of the stormines of the weather, which rendered men unable to travell, there being so great stormes of snow and drift." Archibald Hastie, tailor in Lanark, was, on the 3d May, 1666, summoned before the Presbytery "for contemning of ordinances, and keeping his child from baptisme, himself being ever a pro- fane person, and now professing to be a kind of a quaker," but he did not appear. On the 17th of May, 1699, the Presbytery acknowledged the receipt of a letter from the Sheriff, desiring some of their number to attend a meeting of the gentlemen, in order to the taking of effectual methods for maintaining the poor, conform to the Act of Parliament, and appointed Mr Bannatyne, minister of Lanark, to attend the same, who, on the 14th June, reported that the meeting had concluded "that every paroch should maintain their own poor, and restrain them from begging;" in obedience to which "the paroch of Lanark have stented themselves, and doe maintain their own poor, restraining them from begging, conforme to the Acts of Parliament, though other parochs in the Presbyterie thought it impracticable til the harvest be over." The two last extracts we have to insert are interesting from the light they throw on the dangers incurred by our seamen in navigating the Mediterranean Sea, and the length to which 278 THE UPPEK WARD OF LANARKSHIRE. points of honour were carried in the early part of the eighteenth century. On the 20th of February, 1706, the Presbytery agreed that the money formerly collected for redemption of slaves, which is in the town of Lanark's hands, be employed for the redemp- tion of John Thomson, now prisoner with the Algerines. While, on the 2d of March, 1709, the same reverend body, " being informed that there is some difference betwixt some gentlemen of the paroch of Lanark anent the first bow from the mi aister in the pulpit," considered, most properly, but with an unusually low estimate of the extent of their own functions, "that ministers and church judicatories are not competent judges of the poynts of honour and precedency amongst gentle- men, and therefore, to prevent all inconveniency in this matter for the future, instructed their reverend brother, Mr John Orr, to forbear bowing to gentlemen from the pulpit in time to come, and appointed a committee to deal with the said gentlemen, "for bringing them to condescend to submit hereunto, for the success of the gospell and the peace of the paroch." The session-books appear to have been kept with commendable regularity, as they were examined and approved of by the Pres- bytery in the years 1649, 16C9, and 1693. Those now in existence consist of a register of births and marriages, which commences in 1647. The records of the proceedings of the session prior to 1699 have been lost (New Stat. Account). The parish of Lanark possessed a school of importance from a very early period. In the bull by which Pope Lucius III., in 1183, confirmed their possessions to the abbot and canons of Dryburgh, there is inserted a clause prohibiting any one to inter- fere with the masters, in their parish of Lanark, regulating the studies of the scholars, provided they did not exact exorbitant fees — "nee nuigistris in parochid vestrd de Lanark scolarum stadia., sine pravd exactione regere volentibus, temere quisquam mi.deat inhibere" (Lib. de Dryburgh, 194, 249). On 14th Decem- ber, 1643, the bailies of the town applied to the Presbytery, and desired the brethren seriously to contribute their best endeav- ours fur keeping of the school, by dealing with their parishioners THE PARISH OF LANARK. 279 for this effect, which the brethren promised faithfully to do" (Pres. Rec.) The following entry occurs in a minute of a meet- ing of the committee of visitors, held in the hall of the college of Glasgow on 28th August, 1690, "Item, comperit the schoolmaster of Lanark, whose loyal tie and sumciencie was judiciallie attest by my Lord Carmichael, presses, as he who knows him ; and be Mr John Olyphant, as he was informer thereof; and be Mr John Ballantine, minister of Lanark (Mun. Univ. Olas., II., 498). On 27th March, 1694, Mr Duncan, late schoolmaster of Lanark, was admitted minister of the parish of Dunsyre {Pres. Rec) Several eminent individuals were educated at this school, including Sir William, better known as Ambassador Lockhart, Pinkerton the historian, General Roy, and Lord Braxfield. It has attached to it no less than twenty-eight bursaries; nine of which were endowed in 1648 by Mr John Carmichael, commissary of Lanark, who mortified the lands of Batiesmains for this purpose. The others were founded by one of the Earls of Hyndford and by a chamberlain of the burgh, named Thomson. The right of pre- sentation belongs to the magistrates. It is stated in the New Statistical Account that " Palm Sunday was observed as a holi- day at the grammar-school until within the last thirty years. The scholar who presented the master with the largest Candle- mas offering was appointed king, and walked in procession with his life-guards and sergeants. The great and little palm branches of the salix caprcea in flower, and decked with a profusion of daffodils, were carried behind him. A handsome embroidered flag, the gift of a lady in the town to the boys, was used on this festival. The day concluded with a ball." If this statement is correct, these proceedings must have been not only unusual, but the only instance of anything of the kind in Scotland ; as, how- ever, we do not believe that a public procession and dancing on the Lord's-day could have been permitted during the eighteenth century, we suspect that the reverend compiler of the Account meant to refer to the eve or morrow of Palm Sunday, and not to the day of that festival. The ruins of the ancient church are situated about a quarter of a mile to the south-east of the town, on the right hand side 280 THE UPPER WARD OF LANARKSHIRE. of the Stirling and Carlisle road. Its architecture belongs to the style known as the early English or First-pointed, which was employed during the thirteenth century; it therefore was was most probably erected by the canons of Dryburgh during that period. We also know from a grant by John Brae, already quoted (see ante, II., p. 259), that in the early part of that century the church occupied this site. Its plan appears to have been one which, although unusual, is occasionally met with, consisting of two aisles, with a chancel attached to each, but without a nave. Of these, the portions which remain are the arches dividing the two aisles, the wall of the southern one, and part of the chancels. The latter are so dilapidated that it is impossible to form any idea of their original form. The arches which divided the aisles are six in number, lofty, pointed, and of most elegant form. In the south wall there is a doorway which is rather remarkable in its details. It is described by Bloxam in his Gothic Architecture, Ed. 1846, p. 153, as exhibiting "the round moulding with a fillet on the face, while the capitals (which are all that remain of two nook shafts) are richly sculptured." This building was used as the parish church after the Eeformation, but appears to have fallen into a ruinous state by the middle of the seventeenth century, as the minutes of the Presbytery inform us that they, on the 23d April, 1657, continued "the refer anent the erecting of a new church in Lanark paroch." In February, 1589-90, they passed a resolution "that the kirk of Lanark should be removed from the auld place to a situation within the town." This, however, was not acted upon till 1777, when the present church adjoining the town-cross was built (Chalmers). The bell was, at the same time, removed to the present edifice. It bears the following inscription : — "1. Date, Anno 1110. I did for twice three centries hing, And unto Lanark city ring. Three times I, Phenix-like, have past Thro' fiery furnace, till at last. 2. Anno 1659. Refounded at Edinburgh By Ormiston & Cunningham, Anno 1740." (J>avidson, Ifixt. of Lanark, p. .'59.) CD THE PARISH OF LANARK. 281 Irving of Bonshaw was buried in the south aisle of the old church. He was stationed at Lanark in the command of a body of irregular troops during the troubles which ensued after the battle of Bothwell Brig. He is said to have been killed by one of his own followers ; and it has been asserted that his death was predicted by the Rev. Donald Cargill ; while he has been described as the boon companion of Claverhouse, and the sharer in those Pandemonium revels which, by the help of his fertile imagination, Lord Macaulay has so graphically described and invented. The misrepresentation which has so long obscured the history of this period has been of late years gradually exposed, by the examination of original documents ; while within a very recent period, the means of ascertaining the exact facts have been largely increased, in consequence of the acquisition, by the trustees of the British Museum, of a large portion of the Lauderdale Papers, and the discovery of a farther portion in such an unexpected locale as Norwich. It is to be hoped that these papers will soon appear in a form which will render their contents generally accessible. We are, however, able to state, from a cursory examination, that although they show many faults and errors in the general policy of the Government, they invariably tend to exculpate individuals from the charges of gross vice and cruelty associated with their names in popular tradition. The site of Bonshaw's grave is covered by a hideous erection, put up for the accommodation of those employed to watch newly-made graves. As the passing of the Anatomy Act has removed all fear of the resurrectionists, it is to be hoped that the authorities will have the good taste to remove this abomination, in which we suspect more whisky has been con- sumed, between night and morning, than ever passed the lips of Irving or his companions. One of the opposite party is also interred within the churchyard, with the following inscription on his monument : — " Heir lies William Henri, who sufered at the Cross of Lanark, the 2d of March, 1682, age 38, for his adherence to the Word of God and Scotland's covenanted work of Reformation." The proximity of these two graves recalls the well-known passage in the introduction to Marmion, where Sir VOL. II. 2 N 282 THE UPPEE WAED OF LANARKSHIRE. Walter Scott refers to the tombs of Fox and Pitt, and the lesson of Christian charity and mutual forgiveness inculcated by those noble lines. No record has been preserved of the locality occupied by the chapel of St Nicholas, and all recollection of its site has been lost. About half a mile eastward from the town there was formerly an hospital dedicated to St Leonard. The date of its erection is uncertain. It has been asserted that it was founded by Robert the Bruce, but it would appear from the charter of Jordanus Brae, already quoted {see ante, II., p. 259), which mentions lands belonging to the brethren of the hospital, that it must have been in existence at least 100 years previously. Thomas de Egglefield had, on 20th July, 1319, from Edward II, a grant of the vacant office of master of this hospital, "de custodia hospitii de Lanark vaccantis," in liferent, as being in the King's hands {Feed., Ill, 786). It was endowed by Robert III in the commencement of his reign, with an annual sum of 40s from the dues of the burgh of Lanark (Robertson's Index, 144, 27), which is allowed to the bailies thereof in account with the Crown, as paid to the master of the hospital during the years 1390 and 1392 {Cliamb. Rolls, II, 149, 243). By a charter granted at Dunfermline on the 9th of November, 1393, Robert III bestowed this hospital in heritage, with all its revenues, "terris universis, annuis, red- ditibus, firmis ad dictum hospitale spectantibus sen juste spectare valentibus in fiduram quoque tnodo," upon John de Dayell, knight, and his heirs of tailzie, on condition that the said knight and his heirs should undertake that three masses a-weekfor ever, "tres missas qualibet septiniana pro perpetuo," should be celebrated in the chapel attached to the hospital for the weal of the soul of the grantor, and that of his dear consort, Anabelle, Queen of Scotland, and the souls of their children, and those of his ancestors and successors, being kings of Scotland, and of those of all the faithful departed. The deed further declares that, in the event of these masses being duly performed, the grantees should be freed from all feudal services and casualties, "pro ivardd, maritagio, relevis, secta curie, secidari servicio, THE PAKISH OF LANAEK. 283 exaccione, consuetudine sen demandd" (Reg. Mag. Sig., 212, 47). In their accounts for 1395, 1398, 1399, and 1403, the bailies are allowed the sum of 40s as paid to the hospital of St Leonard, and acknowledged by the letter of John Day ell, the custodier thereof (Ghamb. Rolls, II., 319, 393, 454, 579). The same was also allowed in 1425, as paid to the master of the hospital; and in 1434, as received by David de Mengheis, who then held that office (Ibid, III., 174, 253). Independent of the royal allowance from the revenues of the burgh, the hospital of St Leonard's possessed a very considerable extent of land in the parish of Lanark, and also in the adjoining one of Carluke. The inhabitants of these lands appear to have used the church attached to the hospital as their place of worship. In fact, the lands belonging to it were extra-parochial, a state of matters which is now unknown in Scotland, although still frequently met with in England. It would seem that these extra-parochial districts were inconsistent with the parochial polity established in the northern part of the Island at the Reformation, in conse- quence of which we find that, from this period, the lands belonging to the hospital became known as the parish of St Leonard. A great part, however, of the revenues of the chap- lain of the hospital must have consisted of ecclesiastical dues, which, ceasing at the Reformation, the benefice became of so trifling value, that it was seldom filled up, and there being no service in the chapel, those inhabiting the hospital lands came habitually to attend the parish church. In 1609 a report was presented to Parliament by the Right Reverend Father in God, John, Archbishop of Glasgow, stating that " in certain parts of the kingdom the poverty of the inhabitants was so great that it was impossible that certain of the kirks could be ather repaired or sufficiently plantit with ministers, in regard of the meannes of the parochines, unless certain of them lyand next ajacent be united and annexed together, whilk may verie commodiouslie be done;" whereupon it was enacted that "the kirk of Sanct Leonard be unitit to the kirk of Lanark, where the saniin hes been con- tineuallie servit in times bepast" (Act Pari, IV., 451). The lands of the hospital, which were known as the Mains of St 284 THE UPPEE WAED OF LANARKSHIEE. Leonardis, amounted to a i?10 land of old extent. Those within the parish of Lanark were about this period in the possession of the Hamiltons of Stonehouse, as, on the 6th August, 1611, James Hamilton of Stonehouse was served heir to his father therein (Inquis. Spec, 95). The patronage of the hospital must, however, have been vested for a considerable time previous to this date in the Stewarts of Craigiehall, as Henry Stewart was, in January, 1616, retoured heir to his great-grandfather, "injurepatronatushospitalis Sancti Leonardi prope bur gum de Lanrik. E. servitia in divinis obsequiis et 40s" (Ibid, 105). This advowson appears to have become a pertinent of the barony of Braidwood, in Carluke parish, before the year 1649, when John, Earl of Lauderdale, was served heir to his father in that barony, cum jure patronatus hospitalis de Sancta Leonardi juxta burgum de Lanark (Ibid, 235). It passed with the barony of Braidwood from the Lauderdale family to the Mar- quis of Douglas, and subsequently to the Lockharts of Carnwath (see Carluke), by whom the lands of the hospital situated within the parish of Lanark were disponed to the burgh for payment of 20 merks annually, which were by the charter declared to be for the use of the poor (Davidson, Hist. Lanark, 13). There was a convent of the Greyfriars in the town of Lanark, which, according to Spottiswode, was founded by Robert the Bruce, but of this there is now no evidence. It is, however, clear that the establishment was in existence as early as 1359, as the following entry occurs in the Chamberlain Rolls for that year (I., 336), "i^lO from the castle wards paid to the minor friars of Lanark, in part payment of the royal alms of 20 marcs due to them yearly." The monastery possessed as usual a church, which, it appears, had at least two altars, as, in 1550, Dominus Andreas Allan of Lanark, by his testament, directed his body to be buried in St Mary's aisle in the church of the friars of Lanark, corpusque meum fore in insula Bte. Marie in ecclesid Friarum de Lanark, leaving at the same time 40s to their Chapel (Com. Rec. Glas., Confirm., 8th June, 1553). In 1556, the abbot and convent of Kelso gave, from the revenues of their priory of Lesinahago, two bolls of meal to the friars of Lanark, THE PARISH OF LANARK. 285 "in charity" (Lib. de Cat., 480). This convent, with the lands belonging to it in the parish, were, soon after the Reformation, granted to the Lockharts of Lee. James Lockhart, younger of Lee, having, in 1567, obtained a charter of the same under the Great Seal, which was ratified by Parliament in 1592. In these records they are described as the fundament, place, or seat, house, building, and gardens near the same, formerly pertaining to the minor friars, called Cordeliris, of Lanark, along with one acre of land which belonged to them, lying in Westlandside, within the bounds of the burgh, between the lands of David Blakie, on the east, and those of William Limpetlaw, on the south; and also about five acres of arable land, with the house and garden thereof, upon the south side of the glebe of the church of Lanark, from the common way which runs from the burgh of Lanark to the cross called the Rudday Croce on the east, and the lands of Braxfield on the south, which John Wright first occupied, but now belonging to James, son and heir of John Aitcheson, burgess of Lanark. "Ac eciam funda- mentum, locum aut sedem, domus, edijicia, et hortos eisdem ad- jacentes, olim fratribus minoribus, Cordeliris vocatis, de Lanark, spectantes cum und acrd terre eisdem pertinente, jacente in Westlandsyd, infra territorium burgi nostri de Lanerk, inter terras Davidis Blakie ex oriente, et terras Wilhelmi Limpet- law ex australi partibus ejusdem; nee non totas et integras quinque acras terrarum arbilium aut eo circa, cum domo et horto earundem jacentem, apud australem later em glebe ecclesie de Lanerk, a communi vid qua itur a bur go de Lanerk, ad crucem vocatem Rudday Croce ex oriente, et terras de Brakisfield adjacentes ex australi partibus, quas Johannes Wricht proprius occupavit, et nunc ad Jacobum Achesoun, filium et heredem quondam Johannes Acheson, burgensem de Lanark spectantes" (Act Pari, III., 639). The convent of the friars was situated in what is now the yard of .the Clydesdale Hotel. A chapter of the whole Franciscan order in Scotland was held in this convent in the year 1496 (Miscel. Spalding Club, Vol. II., 327). In it also died Robert Harding, an English friar, whose proceedings created an intense interest, not only in 286 THE UPPER WAED OF LANARKSHIRE. Scotland, but throughout the western church. In the year 1417, the abbot of Portignac was sent by the Council of Con- stance into Scotland, in order to induce the Scotch church, which was then the only one which adhered to Pojje Benedict XIII., to send deputies to the Council. He was supported by ambassadors from the Emperor Sigismund, and was permitted to address an eloquent oration to a Parliament assembled at Perth. The Eegent Albany was, however, inclined to side with Pope Benedict, and enrployed Kobert Harding to put forth a series of propositions in defence of this view of the question, which were at once contested by Mr John Elwold, the rector, and other divines of the university of St Andrews, who accused their author of heresy. Before, however, this matter could be judicially determined, Harding died a natural death in the con- vent of Lanark, when, there being no other advocate of Pope Benedict to fill his place, the discussion came to an end, and the kingdom of Scotland withdrew from that Pontiff, and adhered to Pope Martin, who had been elected by the Council of Con- stance; it was, however, the last nation which consented to this arrangement, a circumstance which, to use the words of an old author, "all declared to be creditable to the singular constancy and great steadiness of the Scots" {Proceedings Soc. Ant. of Scotland, Vol. III., 473). The great religious houses possessed in the town, as in most other royal burghs, small tenements or tofts, which, however, can hardly be considered ecclesiastical foundations, as they were usually let, but most probably under the condition of enter- taining any monk of the convent who might have occasion to pass that way. William the Lyon granted to Kelso a toft in Lanark (Lib. de Cat., 11, 12). This we recognise as " Mowton's House," which was let in 1567 for the sum of £1 Os lOd (see Lesmahago). The same monarch made a similar grant to the abbey of Melrose, of unam plenarium toftum in burgo meo de Lanarc (Lib. de Mailros, 68, 78). Civil Affairs. Baronies. — The parochial territory, which consisted of several manors and manorial villages, and of some THE PAEISH OF LANARK. 287 forest lands, was nearly all a royal domain in the reign of David I. and his two immediate successors, and a considerable portion of it was, for a century afterwards, possessed by the Crown. The revenue derived from the crown lands of Lanark were, in part at least, applied to the payment of the dower of the mother of King John Baliol. Among the documents de- livered to the latter by Edward I. of England in 1592, is included a letter from the abbot of Melrose acknowledging, on behalf of the Queen, the mother of the King, the receipt of 250 merks paid by the bailiff of Lanark and Cadzow, "Item, lettera Abbatis de M euros de recognitions recepte CCL. marcas pro domind Regind, matre Regis, per W. Jirmarius de Lanark et de Cadi/ok" (Act Pari, I., 9, after Preface). The treaty con- cluded in 1295 between Baliol and Philip of France for the marriage of his son Edward, future king of Scotland, and the eldest daughter of Charles of Valois, the niece of King Philip, contains a clause whereby the lands of Lanark, with those of Calliou, Maldisley, Cuningham, Haddington, and Baliol, were assigned, along with the castle of Dundee and certain territories in France, as security for the payment of i^lOOO out of the £1500 sterling which were to be the dower of the bride (Feed., II., 695; Act Pari, I, 96**). Robert III., intra 1390-1406, granted to James Hamilton a charter of the baronies of Caidzow, Machan, and Lanerk (Robertsons Index, 139, 3). This grant, however, must have been of little importance, as almost the whole crown lands in that parish had, at a much earlier period, been granted to different vassals, who had at various times acquired baronial rights, and by this time held of the Crown in capite. It, however, was the occasion of the title of Lanark being taken by William, second Duke of Hamilton, when an earldom was conferred on him during the lifetime of his elder brother. Lee. — The lands contained in this barony have, from the latter part of the thirteenth century, belonged to the family of Lockhart. Their original name was, however, Loccard. The earliest notice of them occurs in a charter of the lands of Loudon, granted about 1153, by Richard de Morville to James, son of 288 THE UPPER WARD OP LANARKSHIRE. Lambin, which is attested by Stephanus Lockhart {Loudon Charters). His son, Symon Loccard, acquired the lands of Symonton (see that parish). Malcolm Loccard succeeded his father, and had two sons, Sir Symon, who, as the eldest, took the family property of Symington, and Malcolm, the younger, who obtained possession of lands in Ayrshire. We find the latter, along with his father, attesting a series of charters granted by Allan, son of Walter the Steward, intra 1208-14, to the con- vent of St Mary of Dalmelin, upon the water of Ayr (Reg. de Passalet, 20, 21, 22, 23). Malcolm, the younger, was succeeded by his son William, who was witness to a charter of lands in Ayrshire, granted, circa 1572, by Sir Walter Lindsay to the abbey of Paisley (Ibid, 233). About the same date, Adam de Colevyll conveyed to him an annual of 10 marcs, payable by the abbey of Newbattle for their lands of Kynard. In this deed he is designated "William Loccard, son of Malcolm (Reg. de New- battle, 170, 212). His sister married John de Morham, son of John de Malherbe (Ibid, 65, 86). He also, in all probability, acquired the lands of Lee, although of this we have no direct evidence. These were, in 1288, held of the Crown in ferine, and paid in that year 66s of rent. In 1289 they paid five chalders of oatmeal, which was the amount of the yearly ferme, and 80s, propter bonum forum (Chamb. Rolls, I., 1*, 62*, 73*). William Loccard was succeeded by his son Symon, who dis- tinguished himself on the patriotic side in the war of inde- pendence, and was knighted by Robert the Bruce. Richard Hastaug wrote, circa 1300, to Edward I., pi-aying for the lands of Simon Locard in Loghwode, in the county of Ayr, and in the Leye, in the county of Lanark. The answer to this petition was deferred till the King's coming into Scotland (Palgrave, I II ust. Hist. Scot, I., 306). In 1324, Robert the Bruce con- firmed a charter, by which Sir Simon Locard of Ley and Cart- land, in consideration of the payment of a sum of money, granted and sold to Dominus William de Lyndesay, rector of Are, an annuity of i^lO sterling out of these lands, from the terme of Whitsunday, 1323. Lyndesay, who was a canon of Glasgow as well as rector of Ayr, disponed this annuity in 1327 by a deed, THE PARISH OF LANARK. 289 in which he assigned four meres to be divided among the resi- dent canons and one mere among the vicars choral of that cathedral, while ten meres were to be paid for the sustentation of a chapelain celebrating the divine rites in the chapel of the Holy Trinity of Are, which he had constructed. This deed was, in the same year, confirmed by Bishop John {Reg. Glas., 235, 274; 237, 275; 238, 276). Sir Symon joined the good Sir James of Douglas in the expedition which was to convey the heart of the Bruce to the Holy Land. It has been sometimes conjec- tured that the above-mentioned annuity was granted for the purpose of furnishing him with funds for this undertaking, but the date of the deeds at once negative this idea. When the Douglas fell in battle with the Moors in Spain {see ante, Vol. II., p. 69). the command of the Scottish forces devolved on Sir Symon, by whom they were brought home, with the heart of their late Sovereign and the remains of their heroic leader. In remembrance of this service, the family name was changed from Loccard to Lockhart, while Sir Symon, and his descendants, added to their former coat of arms a heart within a fetterlock. In the contest with the Moors in Spain, Sir Symon had the good fortune to capture a prince or powerful nobleman of that nation, whom, as was the custom of the time, he held to ransom. The wife of the prisoner brought the stipulated sum, in de- livering which she dropped a jewel, which she eagerly picked up and with great anxiety endeavoured to conceal. This being ob- served, Sir Simon insisted that it should form part of the ransom; the lady finding him inflexible, reluctantly complied, at the same time informing him of its miraculous virtues in curing- diseases, both of men and cattle. This jewel is the Lee-penny, so well known from the erroneous account of it given in Sir Walter Scott's tale of the "Talisman." It consists of a jewel of a heart shape, slightly fractured on one side, semi-transparent, and of a dark-red colour, which is now set in a shilling of the time of Edward I., with a silver chain and ring attached, for the purpose of facilitating its employment, which is simply by dipping it for some time into any vessel of water, the con- tents of which are afterwards drank by the patient. In these vol. it. 2 o '290 THE UPPER WARD OF LANARKSHIRE. •lays of accurate scientific research, the Lee-penny has lost its celebrity as a curative talisman ; but there is one fact connected with it, the truth of which can be attested by many individuals, and the accuracy of which we have personally verified, namely, that if two glasses are filled with water, and the penny dipped into one of them, a person who has not witnessed the operation can always distinguish the latter by the taste. There can be no doubt, moreover, that a firm belief in the curative powers of the Lee-penny existed for several centuries, and lingered to a very recent date, especially among the inhabitants of the northern counties of England. When the plague visited Newcastle, it was borrowed by the inhabitants, who deposited a large sum as security for it being safely returned ; and so convinced were they of its good effects that they were willing to forfeit this and retain the possession of it, which, however, was not allowed. About the year 1817, a farmer and his son came on horseback from Northumberland to Lee, each carrying two casks attached to their saddles to contain water in which it had been dipped. They appear to have attached, as a condition to its efficacy, that after the penny had been immersed, the vessels which contained the water should not be permitted to touch the ground until they reached their destination, and in consequence took every care to prop up their saddles with tressels when they removed them from their horses for the purpose of baiting. As late as 1821, a gentleman arrived from Yorkshire and carried off a quantity of the medicated water, with the view of curino- his cattle, which had been bitten by a mad dog. It is said that a Lady Baird of Saughtonhall recovered from the effects of a similar accident, even after she had exhibited symptoms of having been afflicted with hydrophobia, by the use of repeated baths and copious draughts of the impregnated water. There was a belief among the country people that a good deal of the effect of the penny depended on the manner in which it was immersed, which should consist of "three dips an' a swirl." These superstitious traditions connected with the penny appear to have raised some scurples among the more strict puritans as to the lawfulness of using it, A minute occurs among the pro- THE PARISH OF LANARK. 291 eeeclings of the second session of the Synod and Assembly held at Glasgow, in the following terms: "23d October. Quhilk day, amongest the referies of the brethern of the ministrie of Lanark, it was propondit to the Synode that Gavin Hamiltoime of Kap- loch had preferit ane complaint before them against Sir Thos. (?) Lockhart of Lee, anent the superstitious using of ane stone, set in silver, for the curing of diseased cattel, quhilk the said Gavin affirmed could not be lawfully used, and that they had deferit to give any desisioune therein till the advise of the Assemblie might be heard concerning the same. The Assemblie having 1 inquerit of the manner of using thereof, and particulaiiie imder- stood, be examination of the said Laird of Lee and otherwise, that the custom is onlie to cast the stone in sume water and give the diseasit cattel thereaf to drink, and yt the same is done wtout using onie words such as charmers use in their unlawful practisses; and considering that in nature there are monie things sein to work strange effect, q'rof no humane witte can give a reason, it having pleasit God to give unto stones and herbes a special virtue for the healing of mony infirmities in man and beast, advises the brethern to surcease their process as q'rin they perceive no ground of offence, and admonishes the Laird of Lee, in the using of the said stone to tak heid it be usit heirafter wit the least scandall that possibly may be" {Davidson Hist. Lan- ark, 107; New Stat. Account, 17). 1 In 1339, Sir Simon, Dominus Symon Loccard, miles, Domi- nus de Ley, on account of the abbey having been oppressed by the wars, remitted to the abbot and canon- of Newbattle the 292 THE UPPER WARD OF LANARKSHIRE. payment of half the annual of ten merks paid by them, which his father had acquired {Reg. de Newbottle, 171, 214). For exactly a century from this date, i.e., till the year 1440, the history of the Lockharts of Lee is enveloped in an obscurity which we have been unable to elucidate. It is certainly stated in the "Douglas Baronage" that Sir Symon survived till the reign of Robert II., which commenced in 1371, and was suc- ceeded by his son Alexander, who died in 1444. But it is hardly possible to conceive that a son of Sir Symon, who, as we have already seen, must have arrived at man's estate in the very com- mencement of the fourteenth century, could be alive after the lapse of 140 years, and therefore we are forced to the con- clusion that one at least of the steps of the pedigree must have been omitted. We may also add that the descent of the family as given in this work is throughout so erroneous, unless where founded on specified charters, that it ceases to be any authority on the subject. On the 1st January, 1381-2, Robert II. granted to his nephew, Sir James de Lindesay, the superiority of the lands of Lee and Cartland, to be held with the barony of Crawford-Lindsay in capite {Reg. Mag. Sig., 157, 15; 175, 34). This charter seems to show that, up to its date, the Lockharts still held the lands of Lee in ferme, otherwise the interjection of a mid-superior would have been a proceeding unauthorised by feudal custom. The Lockharts had, however, acquired the superiority of their lands previous to 1440, in which year Alexander Lockhart ob- tained a charter under the Great Seal of the lands of Lee and Cartland to himself in liferent, and Allan, his son and heir apparent, and the heirs male of his body, in fee; whom failing, to John Lockhart of Bar, and the heirs male of his body ; whom failing, to David Lockhart, son and heir of Robert Lockhart, and the heirs male of his body; whom failing, to Symon Lock- hart, son and heir of Thomas Lockhart, and the heirs male of his body; whom failing, to the nearest heir male of the said Alexander {Douglas Baronage, 323). Alexander Lockhart died about 1444, and was succeeded by his son, Allan, who was knighted by James III. He was served heir THE PARISH OF LANARK. 293 to his father in 144)5, and had a confirmation of the entail in the following year. In 1167 he resigned, in favour of the monks of Newbattle, the annual which his ancestors had for nearly two centuries drawn from the lands of Kynard, belonging to that abbey, and pledged in warrandice of the same his lands of Lee and Lochoude {Reg. de Neivbottle, 258, 296; 261, 297; 313; XXVII.) On his death, the estates passed to Sir Mungo Lockhart, who was most probably his eldest son. Sir Mungo seems to have been of an extravagant disposition, and to have died before the year 1189, leaving an infant son, Robert, as in that year an action was raised by Agnes Linde- say, the widow of Sir Mungo, and Lindesay of Covington, her brother, before the Lords of the Council, against James Lockhart, tutor of Robert Lockhart, " for the wrongeous withholding from them of the said Robert's honourable sustentation ; whereupon it was agreed between the said James Lockhart and John Inglis of Langlandhill, as procurator for the said Robert, that the said John shall intromit and dispone upon all, and the lands, rents, and possessions of the said Robert, and bruik the same till his lawful age; for the which, the said John shall give and minister to the said Robert his honourable sustentation and living, and shall pay the annuals of the said lands, and also shall sustene and hald up his houses in siclike wise as they now are, and keep his wood undestroyit; and also shall pay yearly to the said James, during the said Robert's nonage, the sum of ^20, for which he shall be held to answer at the said James' (Robert?) lawful age" {Act Dom. Con., 128). A little later in the same year it is recorded in the minutes of the Council that " Robert Lockhart of the Lee, son and heir of the late Sir Mungo Lock- hart, being pursued for a debt due by the latter, Stephen Lock- hart of Cleghorn appeared for him, and protested that when he came of age he should not be prejudiced, as he renounced all claim to Sir Mungo's heritage. Some of the claims against the latter, which did not include the entailed lands, were stated to have been raised by his tutor, James Lockhart; and one was for a sum of £1Q Scots, "aucht to Elizabeth Stanele, burgess of Edinburgh, for merchandice bocht fra hir, as was preffit by the 294 THE UPPER WARD OF LANARKSHIRE. late Sir Mungo's hand written in her compt book" (Ibid, 132, 183). Robert appears to have died before attaining his majority, and was succeeded by his uncle and former tutor, James, who, in 1483, was one of the inquest on a service of Hay of Yester (Tweeddale Charters, quoted in D. Baronage). He must have succeeded his nephew previous to 1492, in which year we find him, under the designation of James Lockhart of Lee, acting as one of the jury which retoured James, Lord Hamilton, as the heir of the late Lord James (Act Dom. Con., 209). His brother's creditors, however, still continued to pur- sue him for payment of their debts. The Lords of the Council, in 1493, set a day for Sir Thomas Tod, knight, to prove that James Lockhart of the Lee is heir to the late Robert Lokart of the Lee, the son and heir of the late Sir Mungo Lokart of the Lee, knight, and that he entered to any lands as heir of the said Robert, and to what lands in special. In the following year the Council ordained James Lockhart to pay the debts which Sir Mungo had incurred to Sir Thomas Tod and Eliza- beth Staneley (Ibid, 308, 363, 370). He was one of the inquest which, in 1495, served John, Lord Fleming, heir to his brother David, was knighted by James IV., and died in 1502 (D. Baronage). His son, James Lockhart of Lee, became security for the appearance of Sir John Symontoun of that ilk before the Court of Justiciary, but having failed to produce him, he and the other cautioners were, in 1512, amerced in the sum of 1000 merks, without benefit of division (Pit. Crim. Trials, I., 76*). A remission was granted in 1515-16 to him and Lord Creich- toune of Sanquhar for the slaughter of James Douglas, com- mitted in Edinburgh (Ibid, I., 232*). He was infeft in the lands of Ley and Cartland during the year 1517. He married a daughter of William, Master of Somerville, by whom he left a son, Allan, who had, in 1532, infeftment in the same lands (D. Baronage). He was in the same year convicted of the slaughter of Ralph Weir, and sentenced to be beheaded (Pit. Crim. Trials, I, 159*). He, however, succeeded in obtaining a pardon. A THE PARISH OF LANARK. 295 remission was again granted him for this crime in 1541, and also for abiding from the raid of Werk and the slaughter of David Weir (Ibid, I, 257*). He married a daughter of Sir Huo-h Carmichael of that ilk, and was killed at the battle of Pinkie in 1547. His son James was served heir to him in the following year (D. Baronage). He was, in 1558, accused of abiding from the raid of Lauder, but alleged as an excuse "that at the time of the raid he hurt his leg in sic sort, that he might neither ride or gang to the raid, and therefore he sent his servands" (Pit. Crim. Trials, I., 404*). In 1561 he found security that he and twenty- three of his tenants should appear at the next aire of Lanark, and answer for the cruel hurting and wounding of John Hamil- ton, by way of hamesucken {Ibid, I., 410). In 1568 he pro- tested in Parliament that the forfeiture of the Earl of Eglintoun hurt him not anent the properties of the tenandries which he holds of the said Earl {Act Pari., Ill, 56). He espoused the cause of Queen Maiy, and was one of those who (1572) were indicted for the murder of King Henry (Darnley) and the two Regents, and found security to underlie the law at the next justice aire of Lanark. Hugh Montgomery of Heislop was his bail in the sum of i?5000. In the same document Quintygern Lockhart of Lee is mentioned as security for one of the other persons accused (Pit. Crim. Trials, I., 35; ante, II., 220). In a minute of the Parliament held at Edinburgh in 1579 anent the " appearance in suits/' it is noted that the Laird of Ley was one of those "comperand be attornays" (Act Pari., III., 123). He was included in the general Act of Restitution passed in 1585 (Ibid, 383). In 1592 he presented a supplication to Parlia- ment, which was remitted to Privy Council, as there was no time to consider it {Ibid, 586). He and Kircaldy of Grange were, on the 11th of February, 1596-97, accused of treasonable crimes, by convening, on the 17th and 18th of the preceding December, in the New Kirk of Edinburgh, where Mr Walter Balcanquall preached (Pit. Grim. Trials, II., 3, 11). He died about the year 1599, and was succeeded by his son, James, who during his father's lifetime had, in 1587, a grant, 296 THE UPPEE WAED OF LANAEKSHIEE. under the Great Seal, of a number of tenements in the burgh of Lanark, and, on his marriage with Agnes Drumond in the following year, a charter entailing the lands of Ley and Cartland on him and the heirs male of the marriage, whom failing, his nearest heirs male whatsoever, "berand the surname of Lockhart and acceptand the amies of the hous of Ley." Both these deeds were ratified by Parliament in the year 1592, after the King had attained his majority (Act Pari, III., 637, 639). In 1596 he had a charter of the lands of Stonebyres and others in the parish of Lesmahago (D. Baronage), but this appears to have been in pursuance of a private and temporary arrangement with the family of his second wife. In 1598 he was summoned before the Court of Justiciary in Edinburgh for contravening the Acts of Parliament, in bearing and wearing pistolettis. He pleaded that Allan Lockhart and Laurence Brown, who appear to have been witnesses in his favour, "were seik; and producit Mr Burny, minister of Lanark, who, being sworn, deponed that Allan Lockhart had been seik in the het seikness 20 days, and was bot convalessit, lyand aboune the claythis, and that Laurence Brown was lyand bedfast, unable to travel ; " whereupon the diet was continued to the aire at Lanark, caution being found for the appearance there of all the parties named (Pit. Grim. Trials, II., 61). In the same year, he raised an indictment against Gilbert Lord Somervel, William Somervel in Amphirlay, and others, accusing them of lying in wait for him, and coming to his chamber under the silence of night, within the burgh of Edinburgh. At the trial he passed from that part of the libel which "tuiched ony pairt of theft, but reserved his action civil against them therefore." His father also appeared, but instead of supporting the indictment, declared, upon his soul and con- science, that he "never knew of the raising of the letters at his son's instance against Lord Somervel and his complices, bot was reddie to assist and defend the said lord in all his honest actions" (Ibid, II., 61). He represented the county at the Parliament held at Edinburgh in March, 1607, and was ap- pointed one of the Lords of the Articles (Act Pari, IV., 365). In the same year, he obtained a charter of the lands of Foul- THE PARISH OF LANARK. 2.07 wood, Castlehill, and Wester Namphlar (D. Baronage). In the following one, he and Bannatyne of Corhouse were associated with the magistrates of Lanark for the purpose of enforcing the observance of the Acts regulating the price of boots and shoes (Act Pari, IV., 401; see ante, II, 215). In 1610, he was one of the assize on the trial of certain English pirates (Pit. Grim. Trials, III., 101). In 1611, a charge was brought against him of drowning and putting violently to death James Watson in Auchet burn, under the colour of the law; which is a remarkable example of the state of the criminal law at the period. In a letter from the Privy Council to the King, this accusation is stated to be a false one, got up by Gideon Weir, notary in Lanark, who had been clerk to the process against Watson, and informed the Lord Advocate and the Marquis of Hamilton that the prisoner and his wife were only called and convicted of stealing of one lamb, and Watson execute, and his wife, after her con- viction, set at liberty. The Laird of Lee, on the other hand, asserted that Watson was convicted and executed on his judicial confession of stealing nine sheep, in proof whereof he produced the process, written by Gideon Weir's own hand, which being shown to the latter, he could not deny the same; therefore, it appears that the Marquis had been abused by the said Gideon, who, upon some private passion and miscontent against the Laird of Lee, made this information ; and as for the wife, there was nothing verified against her but the stealing of one lamb, confessit by herself, whereupon she was demittit, in respect that the assize could give no verdict against her (Ibid, IIT., 206). On his marriage with his third wife, Jane Auchinleck, in 1 607, he obtained another charter, under the Great Seal, of Lee and Cartland, united into the baronie of Lie, and of the erection of the towne of Cairtland, lyand within the said baronie of Lie, in ane free burgh of baronie, with the hail privilegis and immunities thereof, to her and him in liferent, and to the heirs male of his body in fee, whom failing, to his nearest heirs male whatsoever of the surname of Lockhart, and bearing the arms of the house of Lee, which was ratified by Parliament in 1612 (Act Pari., IV., 511). In the same year he acquired the barony of Carstairs, and vol. ti. 2 p 298 THE UPPER WARD OF LANARKSHIRE. in 1G17 the lands of Belstane in Carluke (see that parish and D. Baronage). In the same year he had a new charter of the barony of Lee. In 1620, he resigned the barony of Carstairs in favour of his younger son (see that parish). In 1633, he obtained, on the resignation of the Earl of Mar and his son James, Earl of Buchan, the teinds of the lands of Nemphlar. These three deeds were ratified by Parliament in the latter year (Act Pari, V., 110, 151). He was knighted by James VI. towards the close of his reign, and appears to have died in the latter part of the year 1633 (Ibid, V., 10, 25). He left two sons, James, who succeeded him in the family estates, and William, on whom he bestowed the barony of Carstairs, which he had purchased. His three daughters were all married to neighbouring proprietors, namely, Elspeth to James Cunyng- hame of Bonnytoun, Elizabeth to James Loekhart of Cleghorne, and Jean to Robert Chancellor of Shieldhill. James was born in 1596. He was early in life appointed a gentleman of the Privy Chamber to Charles I.; and was married to Elizabeth Fairlie in the year 1617, when his father conveyed to him Castlehill and other portions of the lands and barony of Lee. This deed was ratified by Parliament in 1633 (Act Pari, V., 110). Elizabeth Fairlie having died soon after her marriage, he espoused, in the year 1619, Martha, daughter of Sir George Douglas of Mordmffton. who was one of the maids of honour to Queen Henrietta Maria (D. Peerage, I., 308). In 1623, he obtained a charter, under the Great Seal, of the lands of Bell- stantoun (Bellstane), in the parish of Carluke (D. Baronage). In 1628 he subscribed, inter alios, the deed of submission by which the heritors of Scotland referred to the King all questions as to the valuation of their teinds (Act Pari, V., 192). He was knighted either towards the close of this year or in the early part of the following one, as we find him enjoying this dignity when, on the 2d September, 1629, he attested at Windsor the deter- mination by the King of the above submission (Ibid, V., 202; App., 206). From this date till the death of his father, he was designed generally as Sir James Loekhart, younger of Lee, but sometimes of Castlehill (A ct Pari, V., 1 10, et passim). He repre- THE PARISH OF LANAEK. 299 sented the county in the Parliament of 1630, and was in the same year appointed a member of the commissions anent the fishings and anent the patent for making powder (Ibid, App., 208, 223- 228 incl.) He was a member of the Parliament held in 1683, and was elected one of the Lords of the Articles (Ibid, 6-10 incl.) In the same year, a pension which had been granted to him was exempted from the effect of the general Act of Revocation then passed (Ibid, 25). He attached himself to the Marquis of Hamilton, and, probably on account of this, was not returned to the Parliament of 1641. In 1643, the Estates of the realm, in consequence of the English army having invaded Scotland, ordered a force to be raised, and appointed a committee to go along with it, of whom Sir James Lockkart was one, and he was, at the same time, nominated one of the Committee of War for the county of Lanark. He was again appointed to the latter office in the following year (Ibid, VI, 92, 132). In 1644, Sir James acquired the lands of Wester Kilcadzow (see Carluke). He was appointed one of the Commissioners of the Exchequer on the 1st February, 1645, again represented the county in the Parliament held at St Andrews in the November following (Act Pari, VI., 164, 199); and was, on the 2d October, personally thanked by the Presbytery of Lanark "for his adherence to the Covenant, and resolute resistance to the enemy in this difficile time" (Pres. Rec.) In February, 1646, he was ap- pointed one of the Committee of the Estates to whom the powers of the executive government were entrusted (Act Parl. t VI., 222). On the 2d of July of the same year, he was admitted an ordinary Lord of Session, in consequence of which we find him frequently designated Lord Lee. On the 3d of November following, an Act of Parliament was passed in his favour, but the particulars of it are not recorded (Ibid, 231). He was also re-appointed in this year one of the Committee of War for the county. In the next he was appointed one of the executive committee of the Estates, and also one of the com- mission for the plantation of kirks and valuation of tiends. In 1648, he obtained from Parliament a ratification of his rights and infeftments in the barony of Lochrenie. On the 7th March 300 THE UPPER WARD OF LANARKSHIRE. lie was appointed one of the committee for preventing dangers that may come to this kingdom by the garrisoning of Berwick or Carlisle by the malignants, sectaries, or others, and also one of the Committee of War for the county, and was nominated as one of the members who were to continue to sit after the Estates had dissolved {Ibid, 288, 290, 397, 328). Sir James entered zeal- ously into the engagement in behalf of King Charles, and com- manded a regiment under the Marquis of Hamilton at the battle of Preston, in consequence of which the Convention of Estates passed a decree against him on the 15th of February, 1649, whereby he was deprived of all his offices (Ibid, 381). On the 9th of March the convention ordered his name to be inserted in the list of those from whom a forced loan was to be raised (Ibid, 415). On the 5th of December, a petition to the Estates, pray- ing for a mitigation of these severe measures, was referred to the committee on the bills, but does not appear to have produced more lenient action, as, on the 4th of June, 1650, an Act was passed by which he and certain other "prime instruments of the last and former defections and divisions within the kingdom," were commanded not to return to the realm, nor remain therein without the express warrant of the Estates (Balf. Ann., IV., 42). When Charles II. was summoned to Scotland, an Act was passed for re-instating Sir James, whereupon he returned to Scotland, and was appointed one of the committee for regulating the affairs of the army, and of those for excising accounts and inspection of his Majesty's rents (Ibid, 550, 594, 596, 617, 624, 626). He was also, upon a division, appointed by the Estates one of the committee of their body who were to attend the army (Ibid, 623). While acting in this capacity, he and others were sur- prised at Alyth, on the 28th of August, by a party of English soldiers, and carried first to Broughty Castle and afterwards conveyed by sea to England (Lamont's Diary, 41.) Sir James was confined for several years in the Tower, but at length obtained his liberty through the intercession of his son, the celebrated Sir William Lockhart, who had married the niece of the Lord Protector. At the Restoration, Charles the Second granted a commission to Sir James, re-appointing THE PAKISH OF LANARK. 301 him one of the Lords of Session, whereupon he appeared in Parliament, took the oath of allegiance, and subscribed the Act acknowledging his Majesty's prerogative, and gave his oath de fideli (Act Pari, VII, 124; App. 33). He was a member of the Parliament then assembled, which availed itself of his tried and well-known abilities, by appointing him not only a Lord of the Articles, but also a member of a great number of committees. Many of these had reference to the compensation due to those who had adhered to the royal cause, in consequence of the losses they had suffered. This was a very difficult task, but in many cases the claim resolved itself into the proving of the tenor of writs and evidents which had been destroyed by their being buried in the ground, and other ways concealed during the time of the struggle. Others of these committees were of a more general character. For instance, one of them was appointed to take trial as to the conduct of the officers who were entrusted with the duty of bringing back the national records which Crom- well had removed to London, some of them having been thrown overboard in the passage. This committee found, by the deposi- tions of the witnesses, that if a great part of the hogsheads, wherein the registers were, had not been thrown overboard or put in some other vessel, the frigate in which they were embarked would, through the greatness and violence of the storm, inevi- tably have perished to all human appearance. They therefore exonerated the officers in charge from all blame. Sir James Lockhart was also appointed Commissioner of Excise (Ibid, VII., passim). He attended Parliament in the following year, and was, as formerly, appointed a member of several com- mittees, to whom were delegated the judicial powers of that body. In 1G63 he also represented the county, and was ap- pointed one of the Lords of the Articles (Ibid, VII., 447, 449). A letter was addressed in this year by the King to the Parlia- ment, remonstrating with them, in the strongest terms, against a proceeding which had been taken during the previous session without the Royal knowledge or assent. It was an Act (well described by the King as a strange one) for incapacitating twelve persons. It was transmitted to his Majesty sealed, and, "which 302 THE UPPER WARD OF LANARKSHIRE. his Majesty has so ordered, shall never come to light; and the way of voting it by billets (ballot) — a way never before prac- tised under monarchy, nor never heard of under any govern- ment as to punishments — in such a manner as, where the persons concerned were so far from being accused, heard, or upon evidence condemned, that their names were never made known to the Parliament who sentenced them." Whereupon the Estates gave full power and commission to a committee of their body, of which Sir James Lockhart was a member, "to meit and to take speady and exact tryell of the contryvance and carrying on of that pretendit Act of incapacitating by billets " (Ibid, VII., 450, 460). He in the same year served on several Parliamentary Committees relative to the claims of private persons (Ibid, 408, 482, 499). He was also appointed one of the commissioners for the plantation of kirks, and con- vener of the justices of the peace in the county of Lanark (Ibid, 474, 505). He was elected a member of the conventions which met on 2d of August, 1 6G5, and 9th of January, 1667 (Ibid, 527, 536). In the former of these years he was appointed one of the committee for the inbringing of the taxation ; and in the latter, a member of another for considering the supply which should be granted to the King (Ibid, 529, 539). In 1669 the freeholders of Lanarkshire again returned him as their repre- sentative to Parliament, by whom he was appointed one of the Lords of the Articles (Ibid, 549, 553). In the same year he obtained from Parliament a confirmation of a charter, under the Great Seal, granted two years previously, which conveyed to him the barony of Syniontoim and the advowson of the church thereof (see that parish), certain lands in the parish of Stonehouse, and that portion of those belonging to the Hospital of St Leonard's of Lanark which lay within the bounds of Carluke, all which lands were to be held of the "Crown in frie baronie and heretage, be service of taxt ward and taxt marriage, with the exception of the last mentioned, which were holden of the Crown in few ferine for a specified few dutie" (Ibid, 597). Sir James attended the second session of the second Parliament of ( Iharles TI., which was held at Edinburgh on the 22d of July, THE PAEISH OF LANARK. 303 1670 (Ibid, VIII, 4). In 1671 lie succeeded Sir John Home of Renton as Lord Justice-Clerk (Books of Sederunt), and had at the same time bestowed on him a pension of i^OO, which office he held till his death in May, 1 G74. He left three sons by his second wife, Martha Douglas, all of whom obtained the honour of knighthood, and attained the highest positions by their integ- rity and abilities, namely, Sir William, better known as Ambas- sador Lockhart, who succeeded his father in the family estates ; Sir George, who became President of the Court of Session, and acquired the important barony of Carnwath; and Sir John of Castlehill. Sir William was born in 1620. When about fourteen he incurred his father's displeasure, and in consequence ran away from home, found his way to the Continent, and entered the Dutch service as a private soldier. Not finding this new life a pleasant one, he deserted, and crossing Germany on foot, joined, at Dantzic. his maternal uncle, Sir George Douglas of Mording- ton, who had been appointed the representative of England in a congress called to mediate between Poland and Sweden. He had some difficulty in persuading Sir George that he was not an impostor, but at last succeeded in convincing him that he was in truth his nephew. In the spring of 1635 he accompanied his uncle to Warsaw. They spent the summer of the same year at Marienburgh, where Sir George resided during the second session of the congress. Here he had an opportunity of observing the Polish and Swedish armies, in the latter of which there were still many officers and soldiers who had served under the renowned Gustavus Adolphus. Sir George was recalled in 1636, but on his way to England died at Damin, in Pomerania, after an illness of twenty-four hours. Lockhart returned with his body, which was conveyed by a stately funeral procession to Hamburgh, and thence by ship to Leith. Finding, on his return to Scotland, that his father's displeasure had not abated, he obtained funds, again went abroad, and studied for some time at one of the foreign universities. He subsequently entered the French army as a volunteer, and rose to be a captain of horse. In 1645 he returned to Scotland, and in the following year received a com- 304 THE UPPER WARD OF LANARKSHIRE. mission as colonel in the Scottish army. He accompanied Major-General Micklleton in his expedition against Montrose, and was present at the interviews on the Isla in which the King's lieutenant agreed to disband his troops and go into voluntary exile. On this occasion, he, according to Burnet, delivered to the Marquis a message from the Duke of Hamilton. "While engaged on this expedition he pressed some horses from the lands of Mugdock, as, in an account rendered by the cham- berlain of that barony, which closes at Martinmas, 1646, it is noted that no allowance had been made for the horses taken by Lieut.-Col. Lockhart (Act Pari, VI., 383). In 1647, he and seven other officers received commissions from the Estates to be root-masters. They were to have their troops out of the regi- ments, five hundred and three score horse to be taken out of these regiments now serving in Scotland (Ibid, 242). It has been some times stated that he obtained this appointment on the resignation of the Earl of Lanark, but this would appear to be erroneous. The Earl certainly commanded a troop of 80 horse, but they seem to have been distinct bodies. There was a con- siderable difference in the strength of their respective establish- ments, and we have evidence that the latter was not raised till the following year (Ibid, 314). The mistake may have arisen in consequence of the transference of Sir William's command to his younger brother, George, a subsequent entry in the records of Parliament rendering such a transaction very probable (Ibid, 435). Sir "William, as well as his father, embraced the engage- ment, and was present at the battle of Preston, where he was taken prisoner. He was sent first to Hull and afterwards to Newcastle. He was released in the spring of 1650, and re- turned to Scotland. On the 10th of May he appeared before the Presbytery of Lanark, and gave in "a supplication, sub- scribed with his hand, signifying that it hath pleased God of His mercie, fullie to convince him of the sinfullness and unlaw- fullnesse of the late engagement against England, and of the ille- galitie of all these courses, whereby so much hazard was brought to religion and offence to the servants of God; he being pressed by his own conscience, without respect to exteruall interests, ac- THE PARISH OF LANARK. 305 knowledging with verie much griefe of heart his sorrow for his accession to that unlawfull course, and principallie and particu- larlie lie did regrate the horrible sinne of having any hand (how indirect soever) in the pressing of God's people against their conscience into that warre." He also produced a reference from the commission of the General Assembly, of the date of the 9th of the same month, showing "that they having considered the petition of the said Colonel William Lockhart, and having heard himself personallie present expresse verie much sense of his sinne and offence for his employment in the late unlawful eno-ao-ement, and being well satisfied with the sensible acknow- ledgment in his said petition of that his sinne, and his verbal expressions to the same effect; conceiving also good hopes of his better carriage for the future from his present promises and the experience of his former good behaviour and activitie in the publict cause with the hazard of his life: Therefore, the said Commission doeth referre and seriouslie recommend him to the Presbyterie to receive his satisfaction, and thereafter admit him to the Covenant." Whereupon the Presbytery recommended him <: to the minister of Lanarke, with the first opportunitie to receive his satisfaction and acknowledgement of his sinne, and thereafter to admit him to the Covenant" (Pres. Rec.) Although the sincerity of recantations like this are generally to be dis- trusted, we have every reason to believe that in this case it was really conscientious, and originated in conviction. During his captivity, Lockhart was thrown into the society of Overton, the Governor of Hull, a distinguished soldier and high repub- lican, the one in Milton's group of noble Puritans whom he describes as most endeared to him, by the similitude of their studies and the suavity of his manners ; and afterwards into that of Colonel Paul Hobson, Deputy-Governor of Newcastle, a stout, praying soldier, of the true Cromwellian type. Their conversa- tion appears to have had a strong effect upon his opinions, and to have imbued him with Puritan and republican ideas. That such was the case was undoubtedly the belief of the Pioyalists and Cavaliers. Indeed, Sir James Turner actually goes the length of insinuating that he purposely prolonged his imprisonment in VOL. II. 2 Q 306 THE UPPEE WAKD OP LANAEKSHIEE. order to be with Colonel Hobson: "Lockhart," he says, "might have been released for money, but whether it was to save that or to enjoy the too acceptable company of Paul Hobson that he remained in Newcastle, he knows best." This, at all events, is certain, that Sir William, after his release, attached himself to the Puritan and republican party, and steadily adhered to it. On his return to Scotland he was restored to his military com- mand, and we are informed by Captain Hodgson, a contempo- rary writer, that he headed a daring sortie from General Leslie's entrenched camp, between Edinburgh and Leith, which resulted in the surprise and discomfiture of Fleetwood's English cavalry. Eor about two years after this campaign he appears to have led a private life, till he was, on the 18th of May, 1652, appointed by Cromwell one of the Commissioners for the Administration of Justice. He was chosen one of the commissioners sent to the Parliament of England to arrange the terms of union between the two countries. In 1653, and also in the following year, he obeyed the summons of Cromwell and his council of officers to attend a Parliament at Whitehall. During these visits to Lon- don, great attention was shown him by the Lord Protector, who admitted him into his family. He there met Robina Shouster, a niece of Cromwell, to whom he was married in the autumn of 1654, receiving as her dowry a grant from the Protector of the palace and park of Falkland, the castle and park of Stirling, and the lordship of Kelso, of all ■ of which he was deprived at the Restoration. He was also made keeper of the signet, and had the great fees of the Secretary's office. In 1655 the affairs of Scotland were entrusted to a council of state, over which Lord Broghill was sent down to preside. Lockhart was removed from the bench to be one of its members, the only other Scotch- man in it being Swinton of Swinton. Although not nominally the head of the council, he was generally believed to be Crom- well's principal adviser in Scottish matters. In the month of Jan., 1 656, he paid another visit to London, having some matters to arrange connected with his marriage settlement, but totally unaware of the brilliant future which awaited him. Cromwell had concluded a treaty of alliance with Louis XIV., and a French THE PARISH OF LANARK. 307 ambassador had been received in London. The Protector was anxious that he should be ably represented at the Court of France, although the Cardinal Mazarin and the other French ministers would have gladly dispensed with any such functionary in Paris. Nothing could be stronger evidence of Cromwell's estimate of the capacity and character of his young Scottish kinsman, than the fact of his having at once appointed him to this difficult post. Lockhart sailed for Dieppe on the 24th of April, 1656, and landed at that port on the following morning. He was received with great honours. The Governor of the city came almost to the ship to meet him; the people thronged the streets with acclamations and good wishes, and the magistrates visited him at his lodgings. When he dined with the Governor he was welcomed with salvos of artillery. This ovation was, however, a source of great expense to the young Ambassador, who remarks in one of his letters, "If I should find an equally high reception in other places as I have found in this, the honour they do me would be very chargeable to the state, or verily bur- densome to me." He made his entry into Paris on the morn- ing of Whitmonday, attended by a body-guard of twenty horse- men. Three days afterwards he was taken to Court in the Royal carriages, and was presented to the French monarch. His arrival was a fertile subject of gossip in Paris. Sir George Redcliffe, writing from thence at the time, states: "All the talk of Paris is about the English ambassador or agent, who is well attended by gentlemen and pages, and eight lacqueys." His position was at first a most disagreeable and difficult one, but by great tact, firmness, and energy, combined with a most con- ciliatory address, he soon became a favourite, and obtained much influence with the French Court. To quote from the work of Monsieur Guizot, the well-known statesman and historian, "He received a cold enough welcome, in some respects even a dis- agreeable one. But he was skilful as well as high-spirited, and he spoke in the name of a master of whom the Cardinal had need. He surmounted the difficulties of his situation, and soon became the object of Mazarin's caresses, who was too clever not to perceive how much it concerned him to make sure of the 308 THE UPPER WARD OF LANARKSHIRE. good-will of a man so able and of such influence with the Protector." To trace the various negotiations in which he was engaged is evidently beyond the scope of the present work, but we may mention that he succeeded in checking the persecution of the Waldenses, and in obtaining increased toleration for the Hugenots in France. The main object of the Protector, how- ever, was to obtain a footing, a point de pied on the Continent, and Lockhart was instructed to obtain possession of a strong maritime fortress in Flanders. In answer to his applications, Mazarin proposed that Mardyke should be besieged by the forces of the two countries, and on its capture transferred to England ; but as this town was almost a suburb of Dunkirk, of no value without the latter, Lockhart proposed that both places should be surrendered to the English. To this the Cardinal at first demurred, and for a time availed himself of various diplomatic subterfuges, but the firmness of Lockhart prevailed, and the matter was arranged according to the wishes of the Protector in the close of the year; whereupon Lockhart paid a visit to London, was knighted by the Protector, and received a patent appointing him Ambassador Plenipotentiary to the Court of France. After a brief holiday, Sir William returned to his post, taking with him his wife and children. He was met at St Denis by the Eoyal carriages, in one of which he entered Paris, followed by a splendid train. Two days afterwards he went in great state to the Louvre, passing through the regiment of Guards and the hundred Swiss to his audience in the King's chambers, where Louis received him with all possible demonstrations of honour and affection. The definite treaty was signed on the 23d of March, whereby it was arranged that the two towns referred to should be besieged by an army of 20,000 French and 6,000 English, the fleet of the latter nation co-operating, and on their capture given over to England. The British troops did not, however, arrive till the end of May or beginning of June, when they were reviewed by Sir William at Boulogne. Other delays were occasioned by the caution of Marshal Turrenne, who considered it necessary to reduce several small fortresses which lay in the line of his advance on Dunkirk and Mardyke. The latter of these towns THE PARISH OF LANARK. 309 was, however, invested towards the close of the year, and having immediately capitulated, was given over to the English. During the autumn of this year and spring of the following, Sir William paid several hurried visits to London. In the end of May, 1658, he was appointed commander of the English forces, and Dunkirk was immediately invested, and the siege, in spite of frequent sorties, pressed with great vigour, Sir William showing himself to be an able and energetic general. During these operations, Loi'd Falconbridge writes from the French Court that they "infinitely esteem Lord Lockhart for his courage, care, and enduring the fatigue beyond all men they ever saw." The expression Lord Lockhart, in this letter, is explained by the fact that Cromwell had by this time appointed him, along with Warriston and Cassilis, a member of his House of Peers. Dun- kirk was, however, too important a place to be abandoned with- out an effort being made for its relief, and the Spanish army, under Don Juan and the great Conde', advanced from Ypres against the allied lines. Turrenne, being informed of their approach, sent an officer, on the afternoon of the 13th of June, to request Lockhart to move his forces to the Dunes, as the threatened attack was on that side of the town. The bearer of the message would have entered into explanations, but was interrupted by Lockhart with the order to prepare for marching, and the observation, "The Marshal shall tell me his reasons after the battle, if he thinks fit." The battle took place on the fol- lowing morning, the Spaniards having accepted it against the opinion of Conde', who, on this resolution being come to, asked the young Duke of Gloucester if he had ever seen a battle? and the young Prince replying that he had not, observed, "Then, in half-an-hour you will see one lost." The success of the allies was in a great measure due to Lockhart, who, at the head of the English troops and some French cavalry, attacked the right wing of the Spanish army, although posted on the strongest part of the sandhills, outflanked, and finally crushed it. To have achieved such a feat with Conde in the field, is con- vincing proof of his military abilities. The immediate result of the victory was the surrender of Dunkirk, which was 310 THE UPPEE WAED OF LANARKSHIRE. handed over to the English, and Sir William appointed governor, although he still retained the post of ambassador at the French Court. On the death of Cromwell on the 13th of September in the same year, Sir William adhered to his son, and went to Paris at the head of 200 horse to present the compliments of the new Protector to the French King, from whence he proceeded to London to be present at the funeral of his illustrious patron and relative, and thereafter returned to his post at Dunkirk. When the Rump Parliament assumed the Government, they summoned him to London, when, to use the words of Guizot, "He, without evasion or subterfuge, explained himself to the chiefs of the Parliament on his sentiments and situation. They understood him, and, with an intelligent confidence, sent him back to his post, convinced that no one could so effectually serve the interests of England and of the peace." The peace alluded to .was that between France and Spain, negotiations for which were then in progress. Sir William was, in consequence, present in a semi- official capacity at the conferences, which took place on the banks of the Bidassoa. When the restoration of Charles II. became imminent, his position, as Governor of Dunkirk, became a most trying and embarrassing one, as it was a fortress coveted by all parties. Mazarin tempted him with magnificent offers of per- sonal reward if he would deliver it to the French array, but these bribes were indignantly rejected. A greater difficulty was to refuse the offers of the Royalists, who, through his old com- rade, Middleton, held out to him splendid promises of favour and promotion if he would consent to hand it over to the King. He, however, replied that he held the town for the Common- wealth, and would have no hand in its overthrow, but if the King was invited back he should make no opposition, and would not refuse submission when the Restoration was fully accomplished. Sir William was deprived of the government of Dunkirk, but obtained a pardon, drawn out in the most formal manner, which is still preserved among the family archives, and for several years retired into private life. After a considerable interval he was, however, induced to return to the public service, having been appointed a Privy Councillor in 1670. He was in THE PARISH OF LANARK. 311 the following year sent as envoy to the Elector of Brandeburo-h, but was unsuccessful in obtaining the objects of his mission, in consequence of which he left and joined the French army, then overrunning the Low Countries. In the campaign of 1673 he acted as adlatus, or military adviser to the Duke of Monmouth, and distinguished himself at the siege of Maestricht, where the English troops having been repulsed in their first attempt to pass the breach, he rallied them with the exclamation, " The Kino- of England's son and his soldiers must not be beaten !" He then returned to England, but was almost immediately selected for the important office he had so ably filled before, namely, that of ambassador to the French Court. His position there was, however, a still more difficult one than it formerly had been, as his views were often not in accordance with those of his own Government, by whom he was by no means cordially supported. He, however, conducted himself with great prudence, firmness, and dignity, and in no case would permit the interests or honour of his country to be compromised. An elegant silver toilet service, presented to him by Louis XIV., is still preserved at the Lee. In 1672 and 1673 he sat in Parliament as the representa- tive of the county, and was appointed one of the Lords of the Articles and a Commissioner for the plantation of kirks and valuation of teinds (Act Pari., VIII., 57, 78; App. 26). On the death of his father in 1670 he passed a service to himself as heir in certain portions of land in Lanark and other parishes of the county, which it appears were not carried by the destination in the charters of the barony of Lee (Inquis. Spec, 328). He did not, however, long survive his accession to the family estates, having died in Paris in the autumn of the following year. Sir William was twice married, first, to a daughter of Sir James Hamilton of Orbiestown, who died without surviving issue ; and second, as already mentioned, to Robina Shouster, by whom he left a numerous family. He was succeeded by his eldest son, Cromwell, who was served heir on the 9th November, 1675, (Inquis. Spec, 383). He sat in Parliament for the county in the years 1678, 1681, 1685, and 1688 (Act Pari, VIII, 214, 232, 452, 577). He was appointed a Commissioner of Supply 312 THE UPPER WARD OF LANARKSHIRE. in 1678 and 1G85 (Ibid, 224, 465). In 1681 we find him engaged in a rather nndutiful litigation with his mother, the following decreet having been pronounced against him in that year: — "The King's Majestie and Estates of Parliament having considered a petition presented to them by Dame Robina Seuster, alias Lockhart, relict of the deceased Colonel William Lockhart of Lee, representing that Cromwell Lockhart of Lee, her son, refuses to satisfy the liferent annuity provided to her by her deceased husband, as also to pay her anything for the entertain- ment of his brethren and sisters, whom, by the bands of provision granted to them, he is burthened to aliment, to which petition answers were given by the said Cromwell Lockhart; and having considered the reports of the Lords of the Articles in the said matter : Do find this to be a case alimentary in regard to the present condition of the Lady Lockhart, and therefore do hereby ordain the said Cromwell Lockhart presently to pay the said Lady Lockhart the sum of i°300 sterling of the bygone arrears of the annuity provided to her by her husband, upon caution to rescind the same, in case, upon the event of the process depending before the Lords of Session at the instance of the said Cromwell Lockhart for her intromissions, it shall be found thir is not so much due by him to her" (Ibid, 362). He was an active opponent of the Covenanters. He was twice married; first, to a daughter of Sir James Harvie, ambassador at Constantinople; and secondly, to his cousin, Martha, daughter of Sir John Lockhart of Castlehill. He left no family by either of his wives. The second, however, survived, and was subsequently married to John Sinclair, younger of Steinstoune. He was succeeded by his brother, Richard, who was appointed a Commissioner of Supply in 1689 and also in 1690, and also a Commissioner of Militia in the former of these years (Act Pari, IX., 70, 139, 28). He represented the county in the Parliament of 1695 (Ibid, 347), and was again appointed a Commissioner of Supply (Ibid, 374). He died unmarried early in the following year (Ibid, X., 9), and was succeeded by his younger brother, John (Inquis. Spec, 427), who was immediately appointed a THE PAEISH OF LANARK. 3 1 3 Commissioner of Supply (Act Pari, X, 28), and also in 1704 (Ibid, XI, 141); and died in 1707 without issue, when he was succeeded by the fourth brother, James, who in 1715 represented the county in the Parliament of the United Kingdom. He died in 1718, leaving a son, John, who was twice married, but expired in 1778 without issue, when the barony of Lee passed to Count Lockhart, the great-grandson of the President, Sir George Lockhart of Carn- wath, by which branch of the family it is still held (see ante, Vol. II., p. 303; and parish of Garnwath). Castlehill. — This barony was formed out of a portion of the lands of Lee, which the Justice-Clerk bestowed on his third son, John, who, as Lockhart of Heidis, in the parish of Carluke, was one of the Committee of War for the county in the year 1618 (Act Parl,YI., 297). He was admitted a member of the Faculty of Advocates by Cromwell's commissioners for the administration of justice, on the 4th January, 1656. He was re-admitted, after the Restoration, on the 7th of June, 1662. Along with the other members of the bar who had qualified during the time of the usurpation, he was obliged to express his regret, and take the oath of allegiance "humbled upon his knees." He was appointed an ordinary Lord of Session on the 28th August, 1665, and took his seat as Lord Castlehill on the 2 2d of November following. On the 2d February, 1671, he was appointed one of the Lords of Justiciary. He was removed from these offices in 1678, but re-instated in 1683 (Brunton and Haig's Hist, of the Senators of College of Justice, 392). In 1690 he represented the county in Parliament, and also in 1693 (Act Pari, IX, 239; App., 71). He died before the 4th May, 1694, when his son James was served heir to him (Inqnis. Spec, 416). The latter died early in 1696, and was succeeded by his sister Martha, the widow of Cromwell Lockhart of Lee, but before that time, as already mentioned, married to James Sinclair, younger of Steinstoune (Ibid, 428). The descendants of this marriage took the name of Lockhart, and the style of Castlehill, Stonehouse, and Cam- busnethan, and still retain these designations. Cleghorn, — This barony was held by Roger cle Valouins, vol. n. 2 E 314 THE UPPEE WAED OF LANAEKSHIEE. {Valoignis, Valloniis), in the twelfth century, who, as we learn from a bull of Innocent III. issued in 1203, had previously given twelve acres of these lands to the Canons of Newbattle, who held them until 1273, when their title to them was confirmed by the Pope, Gregory X. There is, however, an endorsement in this latter bull to the effect that the possession of them had passed from the abbey {Reg. de Newbattle, 180, 233; 185, 224). By the year 1 228 Eoger de Valouins had been succeeded by his son Philip, under whom the lands of Cleghorn were held by Robert de Caramiceley or Karamikley, a member of a leading burgess family in the town of Lanark {Lib. de Dryburgh, 171, 233). He was succeeded by his daughter, Ellina, who in 1306 did homage to Edward I. for her lands {Feed., II., 2015). From this period to the middle of the fifteenth century, we have been unable to find any trace of this barony in the public records. In 1441 we find it in the possession of Sir Allan Lockhart {Dalrymple Col- lection; Hist, of Scotland). He was undoubtedly a cadet of the Lockharts of Lee, but as we have already stated {ante, Vol. II, p. 292), the pedigree of that family is involved in considerable ob- scurity in the latter part of the fourteenth and the early portion of the fifteenth centuries. Sir Allan was succeeded by his son, Stephen, who was knighted by James III. On the 12th of March, 1476, he was infeft in the £10 A. E. lands of Cleg- horn {D. Baronage, 585). In 1479 we find him recorded as a witness to the execution of a citation of John Allen and others, for treasonably holding the castle of Dunbar against the King {Act Pari, II., 125). He had, in June, 1482, a charter under the Great Seal of the lands of Grugfoot, in Linlithgowshire; and on 27th September, 1483, another of the 20 merk land of Both- well, in both of which deeds he is designed as armour-bearer to the King {Nisbet's Heraldry, II., App., 141). He was a Commissioner for the burghs in the Parliament of 1485, and was elected one of the Committee on Pleas {Ibid, 11., 169). In 1487 he was appointed one of an embassy {ambaxiat), consisting of a clerk and twa burges-menis, which was sent to the King of the Romans, "with commission of power to labour and be diligents, in all gudely haist, for the down-putting of the letters of marque" THE PARISH OF LANARK. 315 {Ibid, It, 178). He adhered loyally to the cause of James lit, and on the accession of James IV., in 1488, was indicted on a charge of treason, in "leaging with England, attempting to break the truce between the two kingdoms, and carrying and leading our late father, cum armis et copia virorum, to Blackness, to the destruction of us and our adherents, and arraying a camp against us at Blackness " (Ibid, II., 201, 204). This process was either abandoned, or Sir Stephen soon succeeded in obtaining a pardon. He attended the Parliament of 1491, as commissioner for the burgh of Lanark, and was elected one of the Lords of the Articles. In 1493 he was chosen one of the Lords of the Pleas (Ibid, It, 229, 231). In the latter year the Parliament, in con- sequence of the negotiations then depending with a view to a matrimonial alliance between the King and Catherine, daughter of Eleonora, Countess of Wiltshire, and grand - daughter of Edmund, Duke of Somerset, the uncle of Henry VII. , voted a subsidy to defray the expenses of the marriage, whereof Sir Stephen was appointed one of the collectors. In connection with this subsidy we find evidence of the increasing power of the Parliaments, and their determination to exert a control over the expenditure of the supplies granted by them, as, on the treaty being broken off, and the King attempting to apply part of the sum raised to his own use, they, on the 26th of June, ordered the collectors to account to them, and declared that "na discharge gevin be the King sail avale or be admittit, sein it was grantit be the Estates of the realm for our soveraigne lord's marriage, and na utters " (Ibid, It, 233; Pink Hist, It, 19). Sir Stephen died about the year 1517-18. He had by his wife, a lady of the name of Crichton, a son, Allan, to whom, on the occasion of his marriage with Kathe- rine, a daughter of Whitefoord of that ilk and of Miltown in the parish of Carluke, his father resigned, in 1480, the lands of Grugfoot (Nisbet Herald., It, App., 141). He fell at Flodden in 1515, and left an only son, Alexander, who (1519) was served heir to his grandfather. In 1560 he subscribed the bond for maintaining the Protestant reli- gion and expelling the French. He died before 1569, when his son, 316 THE UPPEK WARD OF LANARKSHIRE. Mango, was infeft in the lands of Cleghorn (D. Baronage). He espoused the cause of the unfortunate Queen Mary, and was included in the indictment which was, in 1572, raised against so many of her adherents in the Upper Ward (see ante, II., 220, 295). His neighbour, the Laird of Jerviswood, became bail for him in the sum of =£2000 (Pit. Crim. Trials, L, 35). He was one of an assize which, in 1580, acquitted Arthur Hamilton of Both- wellhauche of the murder of the Regent Murray, a verdict which was afterwards challenged. He was knighted by James VI, and was succeeded by his son, Allan, who in 1580 served, in conjunction with his father, on the above-mentioned assize. On his marriage in 1582 with Elizabeth, sister of Lord Ross, his father obtained a charter under the Great Seal, investing them with the fee of the lands of Cleghorn, Grugfoot, and Bothwell (Nisbet Her., II., App., 111). By this marriage he had a son, Alexander, who succeeded. He married, secondly, Grizel, a daughter of Bannatyne of Core- house. George, the only son of this marriage, had bestowed on him the lands of Tarbrax, in the parish of Dunsyre, which his father had purchased (see ante, I., 416). The latter survived the year 1612 (Shieldhill Chart.) Alexander married, in 1604, Nicholas, daughter of Maxwell of Calderwood. He died about 1630, but she survived till 1643 (Com. Reg. Glas.) He was succeeded by his son, James, who is found attesting a will executed in 1635 (Ibid). In 1627 he married Elizabeth, eldest daughter of Sir James Lockhart of Lee (Xisbet Her., and see ante, II., 298). In 1644 he was appointed one of the Committee of War for the county (Act Pari, VI, 132). A more loyal and self-sacrificing cavalier than James Lockhart of Cleghorn is not to be found in the annals of Scotland, taking an active part in every attempt made to support the Royal cause. He joined Montrose, in consequence of which he had to make a quasi-submission to the Presbytery of Lanark. In the records of that body there occurs an entry on the 1st of May, 1640, in the following terms: "The qlk day compeared James Lockhart of Cleghorne, and being found to have frequented THE PARISH OF LANARK. 317 James Grahame's leagie; to have been singularly active for exe- cuting his commissiones and advancing his service, and cap- tain of a troupe, and governour of Lanark; the brethren not being satisfied with his carriage in former tymes, howbeit, now seeming sensible of his fault, ordains him to find caution to com- peir, when advertised by his minister, before the Commissioners of the Generall Assemblie for receiving his censure, wha accord- inglie produced Robert Denholme of Westshiell cautioner for his obedience." He entered with great zeal into the engagement, and raised a body of horse and foot at his own expense, with which he joined the Marquis of Hamilton. He escaped from the defeat at Preston. Like the other gentlemen concerned in this enterprise, he was forced to humble himself before the ecclesiastical courts. On the 27th of September, 1649, he appeared before the Presbytery of Lanark and gave in a suppli- cation, "wherein he acknowledged his great offence in complying so much with the malignants in time of the unlawfull engage- ment ; as also that he was so unhappie as to be guilty of com- pliance in the dayes of James Grahame, and humblie acknow- ledged his sinne before God ; that he was guilty of the breach of the oath of the Covenant, and submitted himselfe to the Presby- terie, and desires to be admitted to give his signes of repentance, that when they thought time he might be admitted to the Covenant and holie communion, and the Presbyterie remitted him to his minister to be dealing with him." While still actively exerting himself in the Royal cause, he was, 1651, taken prisoner in one of the skirmishes which pre- ceded the march of Charles II. and his Scottish adherents to Worcester. He was carried to Stirling as a prisoner, and con- demned to death as an inveterate malignant. On the interces- sion of his friends, the capital sentence was remitted, on the condition of his paying a fine of 50,000 merks. Nothing daunted by the dangers he had escaped or the losses he had sustained, he was still as ready as ever to make every sacrifice for the King. Shortly before the Restoration, he sold the estate of Grugfoot, and transmitted the 24,000 merks he received as the price to Charles II. in his exile at Breda, and afterwards 318 THE UPPER WARD OF LANARKSHIRE. cancelled the bond he had received for this sum. When the county became settled, after the ^Reformation, he engaged in the promotion of works of improvement. In 1661, he, along with other heritors and inhabitants of the parish of Lanark, presented a petition to the Lords Commissioners of the Bills, stating " that the bridge of Cleghorn, over the water of Mouse, which was not only a necessary and ordinarie a pas in their going and returning from their severall dwellings to the town and parish kirk of Lanark, but also the most frequented way by all travellers from Glasgow, Linlithgow, and other parts, to many of the mercat towns and other places in this kingdom, had become so ruinous, that giff it be not timeously repaired it must unavoidably perish; and craving that a collection for its repairs should be appointed in the Sheriffdoms of Lanark, Linlithgow, and Peebles." The prayer of this petition was granted, but it was found that the necessary funds could not be raised by a voluntary collection, "in respect of the general scarcity of money, and of the charity of all people which is waxed cold;" in con- sequence of which, James Lockhart and the other petitioners renewed their supplication in 1663, and prayed that, on their undertaking to repair the bridge at the sight of the Justices, they might be authorised to collect a toll on cattle, sheep, and " ilk horse and kairt load, with wyn, and other merchant goods" using the bridge. Their desire was again complied with, and they had granted to them the right of exacting pontage for fifteen years. As the rates allowed were declared to be the same as those granted for the making and repairing of other bridges, and must therefore be taken to be similar to those generally permitted at this period, it may not be uninteresting to quote them. They are as follows : " 2d Scots for each foot person carrying a burden; 4d on each cairt; 4d upon each horse carrying load, and upon each bull, ox, or cow ; 4d upon each sowm of sheep; and 2d on each sowm of lambs, and 6d for each horse going to mercat" {Act Pari., VII., App., 64, 103, and p. 499). The equality of the charge upon a horse load and a cart, speaks volumes as to the state of the roads during the latter part of the seventeenth century. Advanced in years, as THE PAEISH OF LANARK. 319 James Lockhart must by this time have been, his energies were not confined to objects of local improvement, as we find him embarking in matters of national importance, and as unhesitat- ingly devoting his capital to the advancement of these, as in his earlier life he had done to support the political party to which he was attached. In 1672 he presented a petition to Parlia- ment stating that, " being encouraged by several Acts, especially that in anno, 1666, entitled, an Act for encouraging of manu- factories within the kingdom, he did intend to employ ane pairt of his stock upon ane manufactorie, and work of making alme, never as yet attempted in this kingdom, the materials whereof are the native product of the kingdom; which work will not only save a great deal of money which is yearly expended in bringing of that commoditie, but likewise will abundantly furnish the county at a lower rate than that which shall be imported by others, upon the import of which there is no restraint required, and withall may, in the exportation of that which is more than necessary for the use of the county, pro- duce considerable returns hither, and be a means of subsistence to many poor and indigent people." In furtherance of this object, he prayed for the grant of an exclusive license for the manufactory of alum for a limited period, on condition that he erected his manufactory within three years. It would, however, appear from the silence of the records that no decision was given on this petition (Act Pari, VIII., App., 23). He was appointed a Commissioner of Supply in 1678, (Ibid, VIII, 224), and died about the year 1680. He had two sons — Allan, to whom his father, in 1665, conveyed the barony of Cleg-horn, under the reservation of his own life-rent. He was called to the English bar. Through the influence of Charles II. he was appointed to the office of Protho-Notary in France. He was never married, and died in 1671 (D. Baronage). James. After his father's death, he, in 1681, made up his titles to the estate by serving himself heir to his brother (Inquis. Spec, 353). He was appointed one of the Commissioners of Supply in 1685 and also in 16S9 (Act Pari, VIII, 465; IX., 76). On the 30th of March in the latter year he received a 320 THE UPPER WARD OF LANARKSHIRE. commission from the Estates as Lieutenant of Nether-Ward troop of fencibles (Ibid, IX, 26). In 1690 he again held the office of Commissioner of Supply (Ibid, IX., 139). He had two sons — Allan, who succeeded, John, who married a daughter of Sir George Weir, by whom he had a son, Allan (D. Baronage), and William, who had, in 1689, a commission from the Estates as Lieutenant of the troop of horse commanded by the Earl of Annandale (Act Pari, IX., 54). Allan. During his father's lifetime he was (1695) appointed a Commissioner of Supply for the county (Ibid, IX., 374). He married the heiress of Winram of Wiston (see ante, I., 168), but having no family, entailed his estates on his nephew, Allan. He left an only daughter, who married William Elliot of Borthwickbrae. The barony is now held by the son of this marriage, Allan Elliot Lockhart, Esq. Jerviswood. — James Livingstoun of Geriswood served on an assize in the year 1512, (Pit. Grim. Trials, I., 87). His son, James, was, in 1538, witness to a charter granted by the Abbot of Dryburgh, in which he is designed, junr. of Geriswood, (Lib. de Dryburgh, XXII, note). William Levingston of Jareswood was an adherent of Queen Mary, and was, in 1572, included in the indictment to which we have frequently referred. On that occasion, as already mentioned, he was bail for his neighbour, Lockhart of Cleghorn, who, in return for that service, became security for him in the sum of 5000 merks (Pit. Crim. Trials, I., 35). In a minute of the Parliament held at Edin- burgh in 1579, headed "Appearance in Suits," the Laird of Jerviswode is entered in the list of persons "comperand be actornays" (Act Pari, III., 123). James Levington was, in 1601, served heir to his father, William, in the barony of Jerviswode (Inquis. Spec, 28). In 1608 he was fined 100 merks for non-appearance when summoned on an assize (Pit. Crim. Trials, II., 541). In 1618 he served on that which con- victed Thomas Ross for publishing theses at Oxford against the Scotch nation. In consequence of this verdict, the prisoner was sentenced to have his hand struck off, and thereafter to be beheaded (Ibid, III., 453). The barony was sold in the middle THE PAEISH OF LANAEK. 321 of the seventeenth century to George Baillie of St John's Kirk who thereupon adopted the style of Baillie of Jerviswoocl. He was, in 1644, appointed one of the Committee of War for the county (Act Pari, VI., 132). In 1647 an Act was passed in his favour, the contents of which are not recorded (Ibid, 241). He died in 1649, and was succeeded by his son, Kobert, (Inquis. Spec., 236), who became a person of considerable historic im- portance during the troubles in the latter part of the reign of Charles II. He married, early in life, a sister of Johnstone of Warrieston, an alliance which must have had every tendency to increase his probably antecedent bias in favour of the Puritan party. In June, 1676, Mr Kirkton, a Nonconformist minister who had married his sister, was arrested in the High Street of Edinburgh by an officer of the name of Carstairs. On hearing of this, Jerviswood, with several of his friends, hurried to the house where Kirkton was confined, burst open the door, and rescued him. Upon the complaint of Carstairs, Mr Baillie was summoned before the Council, where he urged in defence that he had used no violence, but had merely threatened to take legal proceedings, as the arrest was illegal, Carstairs having no warrant, and although called upon, if he had such authority, to produce it, failing and refusing to do so. At the hear- ing, a warrant, signed by nine members of the Privy Council, was tendered in evidence. This is asserted, by Wodrow and writers of his unscrupulous stamp, to have been antedated, and to have been drawn up after the rescue. It may have been that Carstairs had not the warrant with him when he made the arrest, or he may have improperly refused to produce it, thus affording a justification of Jerviswood's conduct; but it is utterly incredible that nine of the leading men of the kingdom should commit so gross a forgery on such a trifling occasion. We must also recollect that the authors of this report could have no means of ascertaining the truth, and could only found their statements upon a vague suspicion. The result was, that Mr Baillie was fined in the sum of 6000 merks, upwards of =£300 sterling. Having failed to make payment, he was imprisoned. Having, however, after the lapse of four months, paid half the VOL. II. 2 s 322 THE UPPEK WAED OF LANAEKSHIEE. amount to the complainant (Carstairs), he was liberated; a mitiga- tion of the sentence which certainly is a strong proof that the Government entertained no vindictive feelings towards him. The capital sentence passed by the Court of Justiciary, in February, 1G83, upon Lawrie, the tutor of Blackwood {see ante, II., 209), created the greatest alarm among the gentlemen of the south and west of Scotland. This feeling originated, not so much from the severity of the punishment, as in consequence of the grounds of the conviction and the manner in which the offence was defined. They were convinced that, under the wide interpretation of the crime then laid down, they were in con- stant danger of being prosecuted for acts of accidental intercourse, where there had been no intention of encouraging sedition or harbouring and assisting traitors. This alarm was of course greatest in those who were known to favour the Puritans,- more especially if they happened to be at variance with any of the great officers of state. This was the case with Baillie of Jervis- wood. He had been long a prominent member of the Presby- terian party, and conceived that he was "very ill-stated with the late Chancellor ; " in consequence of which he and several others thought it expedient to go into England. They found a plausible explanation of their journey in the furtherance of a scheme for establishing a Scotch colony in Carolina, the idea of which had been started a short time before, and recommended by the King in a letter to the Privy Council. On their arrival in London they en- tered into communication with Shaftesbury, Sidney, and Eussell, the leaders of the republican party. This intercourse was neces- sarily regarded by the Government in no very favourable light, but would have been overlooked, if, unfortunately, some subordinate members of the republican party had not, about the same period, combined in the conspiracy to assassinate the King and the Duke of York, which is generally styled the Rye House Plot. On the discovery of this, Jerviswood and several of his friends were arrested, and sent down to Scotland to be tried. Encouraged by the disclosures made by some of the English prisoners, the Government offered him a free pardon, on condition of his furnishing it with information. This proposal he indignantly THE PARISH OF LANARK. 323 refused, remarking, at the same time, that those who made it neither knew him nor his country. His imprisonment was most rigorous, no person — not even his wife, although she proposed that she should be put in irons, to remove all idea of her aiding his escape — being allowed to be with him, and under its severity his health gave way. He was first brought before the Privy Council, accused of resetting and corresponding with inter-com- muned persons, and ordered to clear himself by oath, which he refused to do, whereupon he was fined i?6000 sterling. Lastly, he was summoned before the Court of Justiciary, on a notice of twenty-four hours, to answer an indictment for high treason. His trial came off on the 23d December, 1683, when he appeared in a dying condition. He was carried into Court in his night, i.e., his dressing, gown, and being unable to stand, was allowed a seat at the bar, where he was attended by his sister, Mrs Ker of Graden, who, in order to sustain his strength, was obliged fre- quently to administer cordials to him. Every exertion had been made to secure a conviction. Sir George Lockhart and other eminent counsel were specially engaged to assist the Lord- Advocate and his usual staff in conducting the prosecution, and most unjustifiable means were used to get up the evidence. He was found guilty on the morning of the 24th, and immediately condemned to be hanged that afternoon at the Market Cross of Edinburgh, his head to be fixed on the Nether-bow Port, his body to be quartered, and the quarters placed on the jails of Lanark, Glasgow, Jedburgh, and Ayr. On hearing his doom pronounced, he said to the Court: "My Lords, the time is short, the sentence is sharp, but I thank my God who hath made me as fit to die as you are to live." The sentence was promptly carried into execution. After being assisted up the ladder, he declared that his "faint zeal for the Protestant religion had brought him to that pass." He was, however, prevented making a speech to the crowd. That his conviction' was obtained by illegal means, is incontestible ; the notice of trial being so short, and the depositions of witnesses who were not called and could not be cross-examined, having been admitted as evidence. Whether he was substantially guilty of what was 324 THE UPPEE WAED OF LANAEKSHIEE. generally considered at that period to amount to the crime of treason, is a totally different question. Implicit credence must be given to his solemn denial of having been accessory to any conspiracy against the life of the King, of that of the Duke of York, or of being an enemy to the monarchy. He and his friends had clearly no knowledge whatever of the Hye House Plot, and their views appear to have coincided with those of the moderate party during the civil wars, who, although willing to take arms in order to obtain a change of policy, still retained the most profound respect for the person of the King, and what they conceived to be his legitimate rights. There can be no doubt, however, that some of those assembled in London were carrying on a secret correspondence in cipher with the Earl of Argyle, and the other refugees in Holland, and that at their meetings proposals were discussed for remitting money to the Earl to enable him to enlist troops, purchase arms, and make a descent on Scotland, while on the insurrection breaking out there, their English associates were to support it with a body of horse, the latter having also engaged to supply the larger- portion of the money to be sent to Holland. On the other hand, it must not be overlooked that Jerviswood and his friends in London despatched a messenger to Scotland to prevent any rising; that the above proposal originated with the leaders of the republican party in England; that it was discussed, not adopted, by the Scotch malcontents; and that several of the latter expressed their decided disapproval of any attempt of the kind. These circum- stances would, under our present ideas of the law, have reduced Mr Baillie's offence from the crime of treason to a misdemeanor. Anyhow, all parties must join in condemning the severity of the sentence, and the unnecessary haste with which it was executed. The above view of the case is also supported by the subsequent proceedings, both of the Government and the party to which the prisoner was attached. The former, on the meeting of the Parliament in 1685, obtained from it a ratifica- tion of the sentence. In this Act they were not content with a "Mifirmation of the forfeiture itself, which was a step common enough, but had it specially extended to the interlocutors THE PAEISH OF LANAEK. 325 pronounced and the probations, which were declared to be just and legally led, thus indicating that they entertained doubts that there had been serious informalities in the proceedings; while the latter, after the Revolution had established them in power, in passing an Act rescinding the attainder, based it entirely on technical objections to the manner in which the case was conducted, and did not insert any statement whatever as to the innocence of the accused (Act Pari, VIII, App., 26-75, incl; VIIL, 473; IX., 158). In addition to the Act already mentioned, confirming the forfeiture of Robert Baillie, the Par- liament of 1685 annexed to the Crown the barony of Jervis- wood, which he had inherited, and that of Mellerstain in Berwickshire, which he had himself acquired (Ibid, VIIL, 490). George, his son, being thus deprived of his whole patrimony, took refuge in Holland, and entered the service of the Prince of Orange, with whom he sailed for England. During his sojourn at Utrecht, he served in the same company of the Prince's guards with the son of Sir Patrick Home of Polwart. Sir Patrick, although he in 1683 remained in Scotland, had maintained a frequent correspondence with the elder Jervis- wood in London, In consequence of this, he was arraigned before the Parliament of 1685, and a sentence of forfeiture pronounced against him. He was, however, enabled success- fully to conceal himself in the vicinity of his own residence, and afterwards escape to the Continent. This fortunate re- sult was chiefly owing to the intelligence, promptitude, and courage of his eldest daughter, Grizel. A strong affection having sprung up between this young lady and her brother's comrade, they were happily united as soon as the success of the Revolution restored the fortunes of both families. George Baillie was appointed a Commissioner of Militia in 1689, and acted as a Commissioner of Supply for the County of Lanark in that and the following year (Act Pari, IX., 28, 70, 139). In the latter, the attainder of his father was formally rescinded, whereupon he proceeded to make up by service his titles to the baronies of Jerviswood and Mellerstain (Ibid, IX., 158; Inquis. Spec, 391). He was also returned as member for Berwickshire, 326 THE UPPEE WARD OF LANARKSHIRE. which county he represented till 1703 (Act Pari, IX., 239, App., 71; X, 4, 123, 184, 197). In 1693 he was elected by the Estates one of the Committee appointed to consider what was necessary for the security of the kingdom. In the same year he was appointed Receiver-General of the Poll Tax. In 1695-97 he held the office of Receiver of the Crown Rents (Ibid, XL, 60, 172), and was appointed a Member of the Committee of Parliament for the security of the kingdom (Ibid, IX, 351; IX., App., 72). In 1696 he subscribed the association entered into by the Members of Parliament and others in consequence of attempts being made to assassinate the King (Ibid, X., 10). In the Parliament of 1702 he took the side of the opposition, and voted for proceeding by an Act instead of an address in the affair of the Colony of Darien, and also for a reduction of the army (Ibid, X., 246, 250, 268, 294). In 1703 he was returned to Parliament, not only by the County of Berwick, but also by that of Lanark, and elected to sit for the latter (Ibid, XI., 30, 38, 41). In this session he continued to act with the opposi- tion adhering to the protest taken by Dundas of Arniston, dur- ing the discussion of the Act of Security in support of the barons and freeholders of the counties, and voting against the Act permitting the importation of French wines (Ibid, XI., 72). In 1704 he was appointed one of the Commissioners of Supply for Lanarkshire (Ibid, XI., 141). In 1705 he was elected one of the Council of Trade (Ibid, 222). In the session of Parliament of this year he adhered to a protestation given in by the Duke of Athole, which was in these terms: — "In regard that, by an English Act of Parliament made in last session thereof, entitled, 'Act for the effectual securing the kingdom of England from the apparent dangers that may arise from several Acts lately passed in the Parliament of Scotland,' the subjects of this kingdom are to be adjudged aliens born out of the alleadgeance of the Queen, as Queen of England, after the 25th Dec. 1705. I do therefore protest, that for serving the honour and interest of Her Majesty, as Queen of this kingdom, and maintaining the undoubted rights and privileges of her subjects, no Act for a treaty with England ought to pass this THE PARISH OF LANARK. 327 House unless a clause be adjected thereto, prohibiting and discharging the Commissioners that may be nominate for carrying on the said treaty, to depart the kingdom until the said clause be repealed and rescinded by the Parliament of England" (Ibid, 236). A petition was also presented on his behalf, and on that of Sir Alexander Bruce of Broomhalls, with others, their partners, stating that they had, in 1695, entered into a contract for providing forage for the Scotch army, and alleging that they had also supplied a troop of Horse Guards, and Lord Teviot's regiment of Dragoons, which were on the English establishment. After investigation, the Parliament found that there was due to them the sum of £53G for foraging the troop of Guards " with hard meat," and voted them the sum of £1000 sterling for that and the supplies they furnished to Lord Teviot's regiment (Ibid, 281). In 1706 he was elected one of the Committee appointed to examine the calculation of the equivalent (Ibid, 308). In the numerous divisions which took place in the Parliamentary Session of 1707 on the clauses of the Act of Union, he con- stantly supported the Government, except upon two occasions, the first of which was, the question of the future qualification of members in reference to the rights of Peers and their eldest sons; the second, a motion to reduce the sum proposed to be voted to the Commissioners who had negotiated the treaty (Ibid, 313, 440, incl) He was one of the representatives elected by this, the last Parliament of Scotland, to represent that county in the first of Great Britain (Ibid, 431). This selection was ratified by the freeholders of Lanarkshire at the next election, and they continued to return him till 1725, when, on account of his age and failing health, he retired from public life. He died some few years later in his seventy-fourth year. He had three children ; a son, Kobert, who died young, and two daughters, Grizel and Rachel. Grizel was married, but had no family. Rachel espoused Charles Hamilton, Lord Binning, the heir of the Earl of Haddington, by whom she left two sons. Their education at Oxford was, with great care and judgment, super- intended by their maternal grandmother, who survived her husband for upwards of twenty years. The eldest succeeded to 328 THE UPPER WARD OF LANARKSHIRE. the earldom of Haddington, and his paternal estates. The second had entailed on him the baronies of Jerviswood and Mellerstain, which descended from his mother, and took the name of Baillie. They are still possessed by his descendant, who, on the recent failure of heirs in the elder branch of his family, became Earl of Haddington. Braxfield derives its name from that of a family who possessed it in the thirteenth century. Jordanus Brae bestowed a portion of it upon the church of Lanark, intra, 1214, 1220; and John Brae made a similar donation, intra, 1220, 1249 {Lib. de Dry- burrjh, 156, 216; 157, 217; ante, II, 259). Eobert the Bruce, on the resignation of Adam Braks, granted to Michael Hart the lands of Brakysfield, to be holden blench {Robertsons Index, 24, 13). In 1490 they were held by Thomas Somervale of Braxfield, in whose favour a decree was in that year given by the Lords of the Council {Act Bom. Con., 182). James Hamilton of Stonehouse was, in 1602, and also in 1611, "served heir to his grandfather, John, in the 4 merk land of Over and Nether Braxfield, and the 4 merk land of Braxfield, viz., 2 merks mesne land of Braxfield, called Nether Braxfield, and the 2 merk land of Over Braxfield, in the barony of Braxfield" {Inquis. Spec., 36, 93). In the last-mentioned year, a service was expeded by Gilbert Lord Somerville, as heir of his grand- father, Lord James, in "the 8 merk land of Braxfield, in the barony of Braxfield" {Inquis. Spec, 92). There can be no doubt that this last relates to the superiority. Lord Somerville had sold his estates in 1602, but it had probably been overlooked in drawing up the conveyance of these to the Earl Mar. It was still in heridate jacenie of Lord James, and consequently it was necessary for Lord Gilbert to serve heir, in order to enable James Hamilton to complete his title. The barony was held by Gavin Blair in 1630 {Lib. de Dryburgh, 382). He represented the burgh of Lanark in the Parliaments of 1617 and 1621 {Act Pari, IV., 523, 591). It passed into the possession of Gideon Jack before the year 1644, when we find him designed as "of Braxfield" in his appointment as one of the Committee of War for the county {Ibid, VI., 132). In 1628 he signed, on THE PAEISH OF LANAEK. 329 behalf of the burgh, the submission to the King anent the teinds {Ibid, V, 194), and represented the burgh in the Parlia- ments of 1630, 1633, 1639, wherein he was appointed one of a committee anent idle beggars, servants, and servants' fees, 1 640, 1643, when he was named one of the Committee of War for the county, 1644 and 1645 (Ibid, V, 208; VI, 6, 52, 246, 254, 288; VII., 3, 95, 176). In both of these last years he was chosen one of the Committee to whom were entrusted those extensive executive powers to which we have had frequently to refer, and was attached to that section of it which was to remain in Scot- land (Ibid, VI., 138). He was also present as Commissioner for the burgh of Lanark in the Parliamentary session of 1649, and was again appointed one of the Executive Committee of the Estates; and also a member of Commissions on money and excise, and for the plantation of kirks. In the same year he again acted as one of the County Committee of War (Ibid, VI., 374, 426, 428, 433, 503). He had also an Act in his favour, but its terms are not recorded (Ibid, 479). He was one of the persons to whom it was declared that the Act of Indemnity of 1662 should not extend until they had paid the fines imposed upon them, the sum in which he was amerced being i?1000 Scots (Ibid, VII., 423). Martha and Maria Jack were, in 1671, retoured as heirs portioners to their father, William, in the Mains of Braxfield, which, however, they had sold to Mungo Cochrane before 1710 (Inquis. Spec, 318; Hamilton of Wishaio, 54). The barony was shortly afterwards acquired by John Macqueen, the father of the well-known Justice-Clerk, Robert Macqueen, Lord Braxfield, by whose grandson, Robert Macqueen of Braxfield and Hardington, it is now held. The lands of Wamphraflat appear to have been erected into a barony about the middle of the seventeenth century; a fact which is rather singular, considering the smallness of their extent. They certainly did not possess this privilege, but formed part of the burgh lands in 1604, when John Wilking was served heir to his father, William, burgess of Lanark, therein. In terris de Wamphraflat vulgo vocatis Wamphndands exten- dentibus ad IS acras prope burcjum de Lanark infra teritvrium VOL. II. 2 T 330 THE UPPER WARD OF LANARKSHIRE. ejusdem (Inquis. Spec, 49). A grant of barony was probably- obtained by the first Sir James Carmichael of Bonny town, whose grandson was, in 1692, served heir to him in terris et baronid de Wamphraflett in parochid de Lanarke (Ibid, 402). Minor Holdings. Hyndford. — These lands were, in the reign of William the Lyon (1214-49), held by Gamellus de Hindeford, who was one of the inquest which assembled under the authority of a Royal breve addressed to the King's bailies in Lanark, for the purpose of inquiring into the title by which Adam de Libera tione held the lands of Pettinain (Act Pari., I., p. 88, after Preface). They were afterwards possessed by Borthwick of Borthwick, and annexed to that barony (Inquis. Spec, 3). They were, in the first half of the sixteenth century, acquired by Walter, third son of William Carmichael. ' He was succeeded by his son Gavin, who, in 1547, had a charter under the great seal of the lands of Hyndford. His son James married a daughter of Sir Hugh Campbell of Loudon, by whom he had a son, Walter, who, by his prudent conduct, greatly improved his fortune, and purchased the lands of Ponfeigh, in Carmichael parish. His son, Sir William, succeeded on the death of his cousin to the estates of the elder branch of the family, and was appointed treasurer- depute in 1636 (Douglas Peerage, I., 7-52). Having adhered to the " engage- ment," he was deprived of this office by the Convention of Estates in 1649, but had still sufficient influence to secure the appointment of his second son, Sir Darnel Carmichael, as his successor, who was formally nominated by the Estates on the 10th of March (Act Pari., VI., 422). His father, at the same time, proceeded to make provision for him by bestowing on him the lands of Hyndford, which grant was ratified by the Estates on the 7th of August (Ibid, 507). In the same year Sir Daniel was appointed one of the Committee of War for the County, and a Member of the Executive Committee of the Estates (Ibid, 374, 503). He was, in 1651, again nominated one of a similar Committee of the Estates (Ibid, 618). He was exempted from the Act of Indemnity, passed in 1662, until he THE PAEISH OF LANAEK. 331 paid a fine of £24,00 (Ibid, VII, 423). On his death, without issue, the estate of Hyndford reverted to his eldest brother (Inquis. Spec, 324), and has ever since been attached to the principal estates of the family (for tuhich, see the ■parish of Carmichael). Bonyton. — Robert II. granted, on the 1st January, 1382, the lands of Bondington to his nephew, Sir James de Lindesay, to be held with the barony of Crawford-Lindesay (Reg. Mag. Sig., 157, 15). As in the case of the lands of Lee, which were con- tained in the same grant, this charter seems to have been only a gift of the superiority; but while the former were at an early period erected into a separate barony, those of Bonyngtown remained annexed, at least nominally and technically, to that of Crawford-Lindesay, until the eighteenth century (Inquis. Spec., 402). The lands themselves were, however, held from an early period by a family of the name of Cunningham. Gilbert Cun- ningham of Bonyton was one of the assize whose verdict on the brief of John Levingston as to the lands of Warrenhill was, in 1476, pronounced by the Lords Auditors to have been erroneous (Act Bom. And., 44). In 1492 he was one of the jury on the service of James, Lord Hamilton (Act Bom. Con., 209). John Cuningham of Bonyton was one of the executors named in the testament of Andrew Allan (see ante, II, 263). James Cuning- hame of Bonytown was appointed one of the Committee of War for the county in the years 1644, 1646, 1648, and 1649 (Act Pari, VI., 132, 214; 297, 374). In 1650 he was appointed a Commissioner for the trial of certain witches at Lanark, whom he had the good sense to acquit (Pres. Bee, 28th Feb) He shortly afterwards sold the property to Sir James, third son of Sir William, afterwards first Lord Carmichael, who in 1661 was designed, in his appointment as one of the Commissioners of Excise, as Sir James Carmichael of Bonytown (Act Pari, VII., 91). In the following year James Cuninghame had to pay a fine of i?300 before he was allowed the benefit of the Act of Indem- nity, the smallness of the sum being accounted for by his having sold his estate (Ibid, VII., 423). Sir James Carmichael held the rank of colonel in the Scottish 332 THE UPPER WARD OF LANARKSHIRE. army, and was present at the battle of Dunbar in 1650 (Douglas Peerage, II, 755). In 1678 he was nominated one of the Com- missioners of Supply for the county (Act Pari, VIII, 224). He died about the year 1680, his son having been served heir to him in 1681 (Tnquis. Spec, 354). The latter was appointed a Com- missioner of Supply in 1685 (Act Pari., VII, 465). He was created a baronet, and (1689) nominated one of the Commis- sioners of Militia for the county (Ibid, IX., 28). He acted as a Commissoner of Supply in the years 1689 and 1690 (Ibid, IX., 70, 139). He died in 1691, when his son, Sir James, was served heir to him, and also to his grandfather (Inquis. Spec, 401, 402). Sir James was a Commissioner of Supply in 1706 (Act Pari., XL, 318). He married the daughter of Lord Ross, by whom he had three sons, who succeeded each other, namely, Sir William and Sir George, who died without issue, and Sir John, who, on the death of his maternal uncle, assumed, in addition to his family name, that of Ross. He married the daughter of Dundas of Arniston, and by her acquired the estate of Lam- ington. He left a son, Sir Charles, who was twice married; first, to Matilda, daughter of Count Lockhart, by whom he left a daughter, who inherited the Lamington property; and secondly, to Lady Mary, daughter of the Duke of Leinster, by whom he had a son, Sir Charles, who now holds the lands of Bonytown. Cobbleliaugli. — This formed a portion of the lands of Bony- ton, but was bestowed, as an appanage, on a younger son of the Cunningham family, who was appointed one of the Committee of War for the county in 1646, 1648, and 1649 (Act Pari, VI, 214, 297, 374). He was also appointed collector of the monthly maintenance; and on the 22d of September of the last of these years, he appeared before the Presbytery of Lanark, and "desired a testimonial concerning his carriage in the publict cause in tymes bygone, and concerning his carriage as collector in theire bounds, which the Presbytery willingly granted, and ordained it to be drawn up and given unto him; the Presbyterie with one voyce acknowledging his carriage to be honest every way, so far as they heard or knew" (Pres. Rec) On his death, without issue, the lands of Cobblehaugh reverted to his nephew, James THE PAEISH OF LANARK. 333 Cunningham of Bonyton, who sold them, along with his other estates, to Sir James Carrnichael. They are included in the retours which were passed by the second Sir James in 1692. There were also a number of smaller holdings in the parish, which so frequently passed from one person to another, that it would be a task of considerable difficulty to trace their succes- sive possessors; a task which would, moreover, by no means repay the labour that it would require, as, with few exceptions, none of these proprietors are noticed in the historical records. The town and lands of Gideon Jack, in Nemphlar, were, on his for- feiture in 1684, granted to James Urquhart of Knockleith, the charter of the latter being ratified by Parliament in 1686 (Act Pari, VIII, 643). The forfeiture of John Jack was rescinded in 1690 (Ibid, IX., 164). John Blair of Dunskey obtained, in 1672, a ratification in Parliament of a charter granted to him, under the Great Seal, on the 11th of October, 1670, of the lands of Carslawes and Bankhead, and the superiorities pertaining thereto, lyand within the parochine and sheriffdom of Lanark, the same being annexed to his barony of Dunskey (Ibid, VIIL, 201). Castles and Fortalices. — The castle of Lanark was a Royal fortress as early as the time of David I., and was a favourite residence of our early kings, who could from thence enjoy the pastime of hunting in the extensive forest which then belonged to them in the vicinity, comprising not only the parish of Lanark, but those of Pettinain, Carluke, and a large portion of the lands now included in that of Carstairs. In consequence of the courts of judicature at that period following in the Royal train, many important deeds were granted, and many important decisions given in the presence of the King when sojourning in the castle of Lanark. William the Lyon granted a charter, attesting that, in his presence and full Court held at Lanark, it was found that the patronage of the church of Kilbride belonged of old to the church and Bishop of Glasgow (Act Pari, I., 61* 65*). He also executed at Lanark a charter confirming the church of Moffat to the Bishop of Glasgow, and various grants to the abbeys of 334 THE UPPER WARD OF LANARKSHIRE. Kelso, Melrose, and Paisley {Lib. de Cat., 302, 303; Lib. de Mailros, 38, 47; 42, 53; 141, 151; Reg. de Passalet, 76). In the same reign, a decision was given here by the Judges of Galloway, in the Court of the King, before Eoland, son of Utred, and other honest men, as to the sum which should be charged by the King for his kain in Galloway, and the manner of collecting it. Quod quandocunque dominus Rex canum sun in de Galvidie habere debuerit mittet breve, swum usque maros Galvidie et ipsi mari cum brevi domini Regis ibunt, ad debitorem cani et ab eo canum exigent. The value of a cow varied, according as it was delivered before or after Christ- mas, from 40d to 4s, and that of a pig, from lGd to I7d {Act Pari, I, 56). Alexander II. granted charters to the Bishop of Glasgow and abbey of Kelso when residing in the castle of Lanark {Reg. Glas., 116, 138; Lib. de Gal, 10, 10; 150/ 182). On the 7th October, 1262, Alexander III. directed a breve to the Sheriff of Peebles: "teste me ipso apud Lanark" {Act Pari, I., 91, after Preface). Robert the Bruce appears to have rebuilt, or, at all events, enlarged the castle of Lanark, as he bestowed on Elene de Quarentely the lands of Bellistan and Grumley, in his forest of Mauldeslie {see Carluke), in exchange for the mansion {manerii) and orchard {pomerii) belonging to her in heritage in the town of Lanark, sicut jacent et clau- duntur in circuitu per murum, which could have been of no value to the King, except as extending the precincts of the castle, in which he held a Court on the 10th of August, 1321 {Reg. Mag. Sig., 15, 76; Act Pari, I., 119). In 1359, the sum received for castle wards amounted to ot°13, "beino;20s from each of the baronies of Crawfordjohn, Crawford-Lyndesay, Roberton, Wystoun, Lambynyston, Symonton, Thancarton, Biggar, Colbanton, Dalyell, and 60s from Carnwath," it being also noted that the "baronies of Hertysheird (Hartsyde) and Curmonok had paid nothing, and that the baron of Kilbride claimed to be free, by reason of a carta mantagii intra Regem Robertem et patrem ipsi" Out of this ^10 was paid to the minor friars in Lanark, in part payment of the Royal alms of -») merks due to them yearly {Ghamberl Rolls, I., 335, 499). THE PARISH OF LANARK. 335 No vestiges now remain of the massive walls and towers which constituted the castle of Lanark. All that marks its site is the mound on which stood its dungeon keep, but this, from its size and character, is to any archaeologist who has studied the history of fortresses of this class, complete proof that the castle which once crowned its brow, and spread its court-yards and barbicans town-ward, was one of great extent and importance. On the brink of Cartland Craigs, overlooking a precipice of some 200 feet, are the remains of a fortress commonly known as "Castle Qua/' When Davidson wrote his History of Lanark in 1828, there were on the land side traces of a double ditch, which enclosed about half-a-rood of ground, but no traces of built walls. Some caves exist on the face of the rock, one of which was explored by Mr Lockhart, who compiled the account of this parish in the first edition of the Statistical Account. He found it to be 80 feet in length, 4 feet wide, and about 3i feet in height, running in a sloping direction from the brink of the rock to the centre of the enclosure. It was formed of large stones, rough and unpolished, intermixed with the common moor stone. The roof was formed of slabs, covering and overlapping each other till they united in the centre. Unfortunately, no great trust can be placed in the accuracy of this description, mixed up as it is with most doubtful deductions, and to some extent called in question by the Rev. Mr Menzies in the New Statistical Account (p. 14). As far, however, as we can judge, without the advantage of excavations, we should ascribe it to the pre-historic period, and consider it as a specimen of those constructions which are now known as "weems," and formed the habitations of an early race, the mound, which originally covered it, having been removed. A little higher up the Mouse stands the tower of Castle Hill, the only remaining portion of a stronghold of the Lockharts of Lee. The House of the Lee lies in the valley to the left. " It was," says Hamilton of Wishaw, "anciently an old castle, but long since there were convenient buildings joined to it, and of late 336 THE UPPER WARD OF LANARKSHIRE. upon the south syde of the court there are added six extraordi- narie fyne rooms, well finished and furnished. The gardens are great and regular, adorned with fyne walks, stairs, and terasses" (p. 54). Since the period when he wrote, it has been altered, and the open court formed into the central hall. The gardens and terraces still remain, and in front of them stands a mas'- nificent old oak 40 feet in circumference, but unfortunately decayed and hollow in the centre. It is known as the Pease Tree of Lee, the origin of the name being uncertain. A charter of Robert the Bruce is said to be extant, dated, " Under our Pease Tree at Lee." But we have been unable to ascertain the place where this curious document is preserved, although we have made anxious inquiries on the subject. Oliver Cromwell, it is also stated, refreshed himself under its branches, -alone; with Sir William Lockhart, who soon after married his niece, when following up, from Hamilton, the march of Charles II. into England in 1651. The Burgh, — The requirements of the numerous persons who in early times followed the progresses of the Court, and could not be accommodated in the castle itself, and the security afforded to its vicinity by that fortress, led to its being surrounded by many houses and small proprietors. Some of these held their property in heritage, but the larger number in feu-ferm, or what in England is known as soccage; i.e., they made a money pay- ment to the Crown, instead of the usual feudal services. As the latter had, along with their individual holdings, rights of pastu- rage and other interests in common, and were congregated in one spot, they naturally came to take a conjoined action on many matters, and to appoint some of their most important members to carry out the measures resolved on. ' This association being recognised by the Crown, and regulations made for its exercise, gave rise to the various Ptoyal burghs, upon whom various other privileges were gradually conferred. The learned author of " Scotland in the Middle Ages " has distinctly proved that these communities possessed the right of electing their own magistrates as early as the reign of David I., which was not THE PAEISH OF LANARK. 337 granted to the towns of England until a later date. The chief magistrate was designed as the prefectus, jiraipositus, provost or grieve, and had deputes under him, who were styled his bailies. Their powers, however, were for long very limited; the King, through his officer, the Sheriff, continuing to collect his dues from each individual burgess, while all matters of moment were decided by his chamberlain in the courts or aires held by him during his periodical visits. There is every reason to believe that the royal burgh of Lanark existed in the reign of David I., although the first men- tion of it in the records occurs in that of his grandson, William the Lyon, who gave to the abbey of Melrose a toft in his burgh of Lanark, to/turn in burgo meo de Lanarc. Wilelmus, prefec- tus de Lanharc, attested a charter granted circa 1170 by Bald- win of Biggar, the Sheriff of the County, to the abbey of Paisley {Reg. de Passalet, 112). Alexander II, 1214-1249, granted a charter by which he conferred various privileges on the burgesses of Lanark. This deed is lost, but its existence is proved by a reference to it in a subsequent charter of Charles I., which also furnishes us with the tenor of two charters granted to them by Alexander III., which are also missing. By the first of these the King confirmed to the burgh all the privileges it possessed in the time of Alexander II. ; prohibited any one but the bur- gesses to buy wool or skins, or exercise any merchandise, or tan leather, aut pannum latum, aut tinctum tondere faciat, within the sheriffdom of Lanark; that no other merchant in the said sheriffdom shall buy any merchandise in the said burgh except a burgess; that if any stranger, peregrinus aut extraneus mer- cator, be found buying wool or hides, or exercising any merch- andise, his goods shall be seized, and himself detained till the King's pleasure be known; that the burgesses and persons dwelling in the burgh shall pay the contribution for the King's provision, pro nostro provisione; that those carrying and bringing wood or fuel, focalia, to the burgh, shall have the benefit of the King's protection, and that no one passing to and from the burgh should presume to iuterfere with them, et quod nidlus in nostra, via ad prefatinn burgum accedens ant ab eo discedens eos, VOL. II. 2 u 338 THE UPPER WARD OF LANAEKSHIEE. namare seu injuste perturbare presumat; and lastly, granted to the burgesses their common pasturages, moors, mosses, tur- baries, marshes, and other easements, omnes suas commoditates, communes pasturas, moras, mossas lie peat pottis, maresias, omniaque esiamenta. By the second, granted in 1262, he relieved them from certain customs and market dues, ab omni custumd et consuetudine bonorum et catallorum lie cattell Dominis fundi in regne nostra (Hamilton of Wishaiv, App., 25G). In 1244 the town of Lanark was nearly destroyed by an accidental fire, a misfortune which in the same year befell several of the royal burghs (Fordun, XI., 28). In the account of the Sheriff of Lanarkshire for the year 1228, he takes credit for lis expended on an enclosure called a "pond-field," in the burgh of Lanark; for 45s for making three ponds at the mill, without which it could not have worked regularly; item, infac- turam trium stagnorum molendini quod alius non trahatur in consequentiam ; for 15s, being the expense of iron bought and the making of fetters; and lis 8d for the aliment of prisoners, who were probably confined in the castle {Chamber. Rolls, I., 62*). In the following year the sum of money raised at the justice aire, Lucra Justiciar^, came to £6 8s 4d, independent of the eighth belonging to the Bishop of Glasgow, which amounted to 18s 4d (Ibid, I., 73). Bobert the Bruce, in 1310, conferred several important privileges on the burgh of Lanark. This charter has also been lost, but its contents are recited in that of Charles I., already referred to. It granted to the burgesses and commonalty of the King's burgh of Lanark, the whole of the said burgh, with the small dues, customs, and tolls, and the right of holding courts and imposing fines thereat, etc. Cum m i nutis firmis, custumis et tholonis, cum curiis, amerciamentis, aliisque libertatibus (Hamilton of Wishatv, App., 256). At this period portions of the burgh lands were still held of the Crown in heritage, and not in burgage, as is shown by the deed of excambion between the King and Elene de Quarentely, quoted above (Reg. Mag. Sig., 15, 76). In 1328 the Chamberlain accounts for the sum of £7 5s 5d, is the King's ferm of the burgh of Lanark (Chamber. Rolls). THE PARISH OF LANARK. 339 111 the following year he charges himself with 100s for the fines imposed in the chamberlain ayre, and takes credit for a sum of £7, expended there and at Wedall, in connection with the marriage of the Earl of Carrie (Ibid, I., 135, 70). The feu-ferm of the burgh amounted to £9 3s in 1330, and to i?ll Gs 8d in 1331, the smn of 27s 5d being also accounted for in the latter year as resulting from the chamberlain ayre, per exitus itineris camerarii (Ibid, I., 222). About this period William Dalzell obtained a charter, under the Great Seal, granting him "fyve pounds sterling furth of the town and sheriifdom of Lanark, as serjand, either out the Sheriff's compt or justice air" {Robertsons Index, 64, 12). In 16-12 we first find mention of sums being granted to the King, independent of those paid by the individual burgesses, in terms of the titles of their lands, the Chamberlain in that year charging himself with 40s received from the burgh of Lanark towards the contribution granted by the Parliament at Dundee (Ibid, I., 271). Adam de Lanark, clericus burgensium, town-clerk, is one of the witnesses to a charter granted by David II., at Scone, in the year 1347 (Reg. Mag. Sig., 56, 174). Among the Commissioners for the burghs who, in the Parlia- ment of 1357, appointed a committee of their number to treat with the English for the liberation and ransom of David II, in conjunction with similar dejmtations from the other Estates, we find the names of Andrew Ade and Andrew Ponfret of Lanark {Act Pari, I., 157). A dispute having about this time arisen in the bureli of Lanark as to whether the rule of death-bed applied to burgage holdings, the greff (grieve) and burgesses referred the matter to those of Edinburgh, who replied by a letter, under their common seal, that it did (Ibid, 359). The sums paid during the latter part of the reign of David II. by the burgh of Lanark, as its proportion of the contributions granted to the King, were =£15 4s 2d in 1361; £26 4s 2d in 1366; i?16 15s 2d in 1369; and ^36 12s 9d in 1370. It may be interesting to some of our readers if we state the amounts paid by some of the other burghs in the last of these years, as a criterion of their comparative wealth at this period, namely — 340 THE UPPER WARD OF LANARKSHIRE. Edinburgh, ^173 15s 8d; Aberdeen, o£ J 98 0s 4d; Perth, £88 7s lOd; Dundee, <£79 Us 6d; Haddington, £23 9s lOd; Stirling, £20 0s 5d; Ayr, £12 19s 4d; Dumfries, £8 2s lid; and Glasgow, £o 18s 5d (Chamber. Rolls, I., 372, 456, 510, 517, 533). The contribution of 1369, which was raised in two instalments, was collected by Symon Chapman, one of the bailies, who was allowed the sum of 2s lOd for his trouble in regard to the first moiety. Two years previous he had obtained from the Crown a confirmation of his title to the lands of Banks and Brierybanks, within the territory of the burgh, which John Levingston of Drury had wadset to him (Reg. Mag. Sig., 56, 170). In 1365 Dominus John de Carryk, Canon of Glasgow, obtained from David II. an assignment of the ferme of the burgh of Lanark, in part payment of a pension of 20 merks which had been granted him by the King; and he continued to draw 40s annually out of this revenue till the accession of Robert II. in 1371 {Chamber. Rolls, I., 435, 499, 525, 542). In consequence of the burghs of Berwick and Roxburgh being in the hands of the English, the Parliament of 1639 ordered that those of Linlithgow and Lanark should be substituted for them, as two of the four towns which were styled burghs in earner arid Regis, and were bound to send representatives once a-year to Haddington, to constitute, along with the Chamberlain, a court of appeal from the decisions he had given on his circuits, curiam facere camerarii semel in anno, a/pud Hadyngton super judicia si que forent coram ipso, in iiineribus suis, ubicunque contra- il licta {Act Pari, L, 149). In 1454 the place of meeting of this court was transferred, by Royal charter, to Edinburgh. Before that time, however, it had extended its constitution, summoned to its meetings Commissioners from all the royal burghs south of Spey, and assumed, in addition to its judicial powers, others of a legislative nature, especially in regard to the proportions to be paid by each burgh of the subsidies granted to the Crown. In the following century it merged in the Convention of Royal Burghs, an institution which still exists (Scotland in the Middle Ages, 170). THE PAEISH OF LANARK. 341 111 1390 the burgesses obtained a tack from the King, in per- petuity, of "the feu-ferme and outcomings (exitus) of the burgh, for the annual payment of 6 merks to the Crown and 3 to the hospital of St Leonards" (Robertson's Index, 144, 27; Chamber. Rolls, II., 149). This was an important acquisition, as it freed them from any interference of the Sheriff in the collection of the sums clue by them for their holdings, which was often exercised oppressively, and imposed that duty upon the officers elected by themselves. From this date, the bailies of Lanark accounted annually, in exchequer, for this sum of £Q sterling, per primas et excitus burgi per assedacionem Regis factum communitate burgi in feodo ab antiquo (Chamber. Rolls, III, 174, 253; II., passim). In 1405 Finlay Coiiynson, the King's servant, had a grant, under the Great Seal, of an annuity of four merks, out of the rent paid by the burgh to the Crown, for the services he had rendered to the King, and credit was given to the bailies in their accounts for the payment thereof (Ibid, II., G57). The Chamberlain still continued to hold his annual courts in the burgh, and to account in exchequer for the sums there received. These amounted to 40s in 1397, =£4 in 1406, £5 in 1414, oP4 in 1415, £6 13s 4d in 1417, £± in each of the years 1421 and 1422, and i J 20 in the year 1435 (Ibid, II., 353*; III, 4, 65, 74, 91, 114, 122, 300). In 1392 he was allowed the sum of £26 13s 4cl, as the expense of a justice air held by the Earl of Carrick at Lanark (Ibid, II, 259). At this period the King still continued to collect, by his officers, some of the more important market and other dues. Thus, in 1435, the Chamberlain charges himself with the sum of £31 7s lOd, as the produce of the stallage, forisstallacivm, in the burghs of Lanark and Kuglen, which, however, was independent of £27 8s due by the vassals of the Bishop of Glasgow, de hominibus suis, which had been remitted by the King. It is also noted that the stallage of these burghs had been collected by the Sheriff in the three preceding years {Ibid, III, 302, 304). The Chamberlain's Rolls of the same year (1435) also contain 342 THE UPPEK WARD OF LANARKSHIRE. the account of the commonalty of Lanark, relative to the large sum raised for the ransom of James I. They are charged with two years' contribution: "1st, 750 nobles of English weight; 2d, 758 ditto — Total, 1508 nobles." They are, on the other hand, credited with the following payments: "1. Paid to Robert Gray, monetarius of the King, 161 nobles. 2. Paid to John Ducheman, in the year 1427 (when they assert that the noble passed for eight broad shillings, solidorum grossorum), 125 nobles. 3. Payment made at Bruges to the procurators of the King of England, 451 nobles. 4. Paid to the King, 758 nobles. 5. To John Winset, 26 half-nobles." A note is then added, stating that these payments equal the charge, with the exception of 14H nobles in dispute between Lanark and Linlithgow; the former affirming that, of the sum paid to the King of Eng- land, they contributed 451 nobles, and the latter asserting that they only gave 309 £. In consequence of which, Commissioners from each burgh were ordered to attend the King and the Lord Auditors on the ensuing feast of St Luke, that it might be determined which should pay the said sum {Ibid, III., 310, 322). John Gray, mentioned in these accounts as the King's monetarius or moneyer, was the person in charge of the royal mint, but there is no evidence that any establishment of this kind existed at Lanark at this period, although there was certainly a mint there at an earlier date. The only coin extant which was struck there is one of Alexander III., which has on its obverse a profile head of that King, bare-headed, and looking to the left, while the reverse has the moneyer's mark, WI. AM. ON. LA. (Lindesays Coinage of Scotland). In 1491 we again meet with the distinc- tion between lands, within the burgh, held in heritage and in burgage; as in that year Andrew Filedare raised an action before the Lords of the Council against James Calder, burgess in Lanark, "for the wrongous occupation and manuring of a rude of land, with the pertinents, Hand in the burgh of Lanark, on the north part of the samym, betwixt the land of James White on the east part, and the King's venall on the west part." On the hearing, Calder showed a rollment of the Court of Lanark, "declarand the right of tak to pertain to him;" while Filedare THE PARISH OF LANARK. 343 claimed the lands by heritage ; whereupon the case was remitted to the Lord Ordinary (Act Dom. Con., 228). Before the middle of the sixteenth century the burgesses ob- tained a charter from James V., confirming and extending their privileges, which is referred to in that of Charles I. (Hamilton of Wishaw, App., 257). In the minute of the Parliament held in 1579, headed "Appearance in Suits," the burgh of Lanark, as represented by Holland Muir, its commissioner, and the Laird of Dun- roch, its provost, is entered among the suitors " comperand be attornaiys" (Act Pari., Ill, 123). We may here mention that the names of the successive Parliamentary Commissioners for the burgh, from the commencement of the reign of James I., will be found in an Appendix. In 1611, William Mowat, common clerk of the burgh of Lanark, was served heir to his father, John, who had previously held the same office, in certain tenements within the same (Inquis. Spec, 96). In 1618 an Act was passed "abolishing the trone weight, and providing that all commodities should thenceforth be sold by French Troy stone and its parts." The custody of the new standard was entrusted to the burgh of Lanark, "in respect that the keeping and giving out of the weights of old to the burrows and others, His Majesty's lieges within this kingdom, was committed to the said burgh" (Act Pari, IV., 587). This duty was performed by the magistrates of the burgh until the Union, when a set of standard weights and measures were issued from the Exchequer in London to the head burgh of each county. Those sent to Lanark are still in existence, and seem to have been constructed with every care to secure accuracy and durability. On the 20th February, 1632, the burgesses obtained a charter from Charles I., "confirming to them all the privileges which had been granted to them by his predecessors" (Hamilton of Wishaiv, App) It also of new " gave and granted to the pro- vost, bailies, and commonality of the burgh, all and haill the samen burgh, with all and sindrie lands, houses, biggings, 311 THE UPPEE WARD OF LANARKSHIRE. yairdis, toftis, croftis, in-fieldis, out-fieldis, common pasturages, mosses, muirs, marressis, peit pottis, woods, fischingis of salmon, and other fishings, coillis, coill henches, quarellis, lyme, lymstane, altarages, advocations, donations, office of Schirreffchip, and other privileges and liberties, to be holden in a free burgh Eoyall for evir, for payment yearlie of sex merkis sterling money, as being the auld burgh niaill, and with service of burgh usit and wont, and for the frier (friar) lands and altarages, the sowm of twa merkis, usuall money of Scotland, in name of feu-ferme/' This charter was confirmed by Parliament in 1641, the Duke of Hamilton protesting against its ratification, as "interfering with his rights and privileges as hereditary sheriff of the county" (Act Pari, V., 514, 632). We may mention here that the Hamiltons, in consequence of the duties of this • office frequently requiring their presence in Lanark, purchased a tenement and lodging within the burgh (Inquis. Spec, 87, et passim). In 1639 a regulation was voted in Parliament, which was of considerable advantage to Lanark and the other head burghs of counties, as it provided "that the Sheriff and Commissary- Clerks should reside and hold their heid and ordinary courts therein." An exemption was, however, made in the case of the Nether Ward of Lanarkshire, "where the Clerk had always residit, and the courts been always haldin at Hamiltoune" (Act Pari, V., 266). This restriction was most jealously guarded by the magistrates of Lanark, who on two occasions successfully appealed to the Court of Session to prevent the Commissary- Clerk appointing a deputy elsewhere, for the convenience of the more distant portions of the Upper Ward (Morison's Diet. Dec, 7582). About the middle of the seventeenth century an important alteration occurred in the constitution of the burgh. Originally the burgesses consisted solely of those who held lands within the burgh. Now, the various crafts or trades, the members of which had from an early date associated themselves together as guilds, obtained seals of cause, i.e., charters of incorporation from the magistrates, in virtue of which all those who obtained THE PARISH OF LANARK. 345 the freedom of these bodies became burgesses, and acquired a title to share, to a certain extent, in the management of the affairs of the burgh, independent of the possession of any property whatever. In Lanark the waulkers were incorporated in 1631; the skinners in 1G37; the shoemakers in 1639; the weavers in 1660; the tailors in the same year; the smiths in 1662; and the masons and wrights in 1674 (Davidsons Hist, of Lanark). In 1644 and 1646 the bailies of Lanark were appointed members of the Committee of War for the bounds of the Presbyterie of Lanark, which was to meet in that town (Act Pari, VI., 132). In 1645 Parliament made up a roll of the number of soldiers to be entertained by the burghs respectively, and the sums to be paid by them monthly. In this, Lanark is charged with 16 men and =£144, Edinburgh with 574 men and =£5166, Glasgow with 110 men and ,£990, which shows a great change in the relative resources of these towns since the year 1370 (Ibid, VI., 171; see ante, II, 340). In the apportionment of the amount, which it was found neeessary to raise in 1647, for payment of the arrears due to the regiments engaged in the battle of Philiphaugh, the county of Lanark was assessed in the sum of £5382, and the burgh in £162 (Ibid, VI., 246). The bailies were again appointed members of the Committee of War in 1648 and 1649. In the former of these years James Hamilton in Lanark was also nominated one of that body (Ibid, VI, 297, 374). In 1661 two of the magistrates of Lanark were placed by Parliament on the commission of ex- cise (Ibid, VII., 91). The following inhabitants of the burgh were excluded from the Act of Indemnity in 1662 until they paid the fines imposed on them: Michael Gemmil, bailie, amerced in £600, Gillon, Alexander Tennent, Gabrill Hamilton, and Alexander Wilson in £360, while John Pillar, Sympson, and John Ffischer had respectively to pay £240 (Ibid, VII., 423). In 1670 the Convention of Ptoyal Burghs drew up a tax roll which was confirmed by Parliament, fixing the sum which each burgh should in future contribute towards the raising of each. VOL. ti. 2 v 346 THE UPPER WARD OF LANARKSHIRE. XI 00 of subsidy granted. In this roll the quota of Lanark is fixed at 12s, that of Edinburgh at £33 6s 8d, and that of Glasgow at £12, which shows a rapid decrease in the com- parative financial condition of the former within the short period that elapsed since 1645 (Ibid, VIII, 23). James Laurie, writer in Lanark, and Mr Thomas Pillaus, residing there, were forfeited in 1684, and their property granted to flames Urquhart of Knockleith. James Howison in Lanark was also forfeited, and his lands granted to Sir John Gordon, advocate. These grants of escheat were confirmed by Parliament (Act Pari, VIII, 643, 637). When the Convention of Estates assembled after the Revolu- tion of 1G88, they ordered that new elections of the Parliamen- tary Commissioners from each of the burghs should take place; and appointed that for the town of Lanark to be proceeded with on the 2<1 of May, 1689, under the superintendence of Lord Carmichael (Ibid, IX., 52). To understand the importance of this measure, it is necessary to advert to the policy pursued by the two last Stuart kings, and especially that followed by James VII. Fully appreciating the weight which the burghs had in the national legislature, they used every endeavour to secure the votes of their Commissioners in aid of the schemes and tacti< of the Government. On every possible pretext they, in the most arbitrary manner, tampered with the constitution of those muni- cipalities. The right of the general body of bin to choo their representatives in the legislature was revoked, and tlii- privilege confined to a select few of their number. We must not, however, suppose, from the single instance referred to, that the pol icy of their successors was more liberal in this respect, or amounted to more than a change of men, not of measun \\'illi;iin of Orange, Queen Anne, and our earli< r overeigna of the Hanover family, had as absolute tendencies as any of the Stuarts, but had the prudence to yield to circumstances where they found it necessary; where, on the other hand, they could act with impunity, their policy was the same. No attempt w. ie to restore the ancienl privileges of the gen< ral body of the burgesses in our towns; on the contrary, constitutions, techni THE PARISH OF LANARK 347 oally called "Sets, "wore given them, which confined the election of their representatives in Parliament to a most limited number of persons, who were virtually sel ted, thus securing the selection of persons devoted to the Government of the Jay. The rating body in the burgh of Lanark, asreg "S consisted of a Provost who could only hold that for two years; of two Bailies: Q of Guild; and thirteen Merchant and Trades Counsellors, who were elected annually, and the Deacons of the sis - With th tion of the latter, who were chosen by the members of their respective guilds, the appointments of their successors were made by the ens Council, without any consultation with the burs sses ii _ eral: the same body having any stranger to the freedom of the town, although in no way connected with it - - . s 28 Dhis system ] I till the; f of the Municipal B in the present The following persons I with the burgh ark are specially included in the Act of 1690, which rescinded all forefaultures and fynes s e the year 1665: David Wl smith.. Gideon W ej - David (Jibs • sone, wryter, mas 1 s, James Laurie, • Simpsone. : - Lauchlane, William : _ sone, John Temple, A \ .. . . - John Pumpfa am Pi - s Douglas dames Hoi . \ . ■ the v 3 »nd unintemr. bed the Clyde, and to hai sary funds ssful En 1649 they obt I an A them to solicit s * 1 i v; 138 r... P a 28 red the work was ss d pub. Synod, Ip and s magistrates to V. - stress with yingiton t 348 THE UPPER WARD OF LANARKSHIRE. second arch ; but the sum of 2000 merks obtained by this means was by no means sufficient, in consequence of which the magis- trates and town council petitioned Parliament in 1696 and 1698 for assistance from the vacant stipends to complete this public undertaking, which was granted to them {Ibid, X., 84, 146; A pp., 15, 28). Although the magistrates had obtained the prayer of this petition, they did not neglect to use every means to increase their funds under their Parliamentary permission to raise a voluntary contribution, as in the minutes of the Presby- tery it is recorded that "Archibald Simpson, one of the baillies of Lanark, having addressed the Presbyterie on the 28th Feb., 1700, anent the collection for the building of the bridge of Lanark, the moderator recommended it to all the brethren to send some of their elders from door to door to collect the same, and to give an account of their diligence therein against the next Presbyterie, this being a pious and most necessary work, that required all possible expedition." The bridge was soon after completed, but there was no provision for its maintenance, in consequence of which the town council, in 1703, presented a petition to Parliament, stating that, by reason of the great repair and the violent current of the water, it woidd require frequent reparations, which they were unable to do unless they got some fund for it, and obtained an Act empowering them to levy a pontage of 12d Scots on every horse and load; 8d on every horse and cow; 2d on every sheep ; and 2d on every foot man passing the bridge, for the space of nineteen years (Ibid, XL, 6Q). In 1709 the magistrates of Lanark, after a consider- able litigation, recovered the sum of 2000 merks from the heritors of Longbride, under their grant from the vacant stipends (Morison's Diet, Dec, 9908). Although a petition against the Act of Union was presented from the heritors, elders, and masters of families in the town and out-paroche of Lanark, Mr William Carmichael, the Com- missioner for the burgh, invariably voted with the Government in the divisions which took place on the details of that measure; by which the burgh of Lanark was associated with those of Lin- lithgow, Peebles, and Selkirk, as a constituency returning a THE PARISH OF LANARK. 349 member to the Parliament of the United Kingdom (Act Pari, XI, 328, 313-421 incl, 425). * The burgh from a very early date possessed an extensive and valuable tract of laud in the neighbourhood, which in the old charters is designated territorium burgi. This was originally used as the common pasture of the cattle of the burgesses, and a considerable portion of it is still devoted to that purpose. In process of time, however, the commonalty found it profitable to their revenues to let much of it in tack, and even to feu out various parts of it. On the day following the last Wednesday of May, O.S, called Lanimer Day, it was the duty of the magis- trates, burgesses, and freemen to perambulate the marches of this territory, after which a report was drawn up, stating that the inarch stones had been found in their ancient position, which was signed by the witnesses and magistrates, and transmitted to the Exchequer. This custom is still kept up, but as many modern innovations have been introduced in the ceremony, a description of the present form of the proceedings will find their proper place in the section which relates to the modern history of the parish. We must not, however, omit to mention the presence in the procession of the cornet or standard-bearer, who, although holding no official position in the corporation since the set of the burgh was fixed by the last Stuart kings, undoubtedly represents the persons who, when the burgesses formed an im- portant part of the armies of our earlier monarchs, was entrusted with the banner of the burgh. All our readers will recollect the magnificent ballad in the "Lays of the Scottish Cavaliers" which recounts the bringing back of that of Edinburgh from the field of Flodden. A race-course appears to have been an early appendage to burghs, both in Scotland and England. The prize at Lanark, as at Chester and elsewhere, was originally a silver bell, which was annually run for, and led in some measure to the common expression, "bearing the bell." The Lanark bell, which is of silver and of a globular form, has attached to it a medal with the inscription, "Vm be me, Sir John Hamilton of Trabroun, 1G28." This, after remaining in the hands of the clerk of the 350 THE UPPER WARD OF LANARKSHIRE. burgh unused for upwards of two centuries, has, within the last few years, been applied to its original purpose. The perambu- lation on the Lanimer Day concludes with a race for a pair of spurs among the horses of the freemen which have been used in a cart. Although many of the houses in the burgh must occupy the sites of buildings erected at a very early date, the progress of improvement and alteration has left little or nothing to interest the archaeological inquirer into the domestic architecture of our ancestors. That a local antiquary, following up a house-to- house visitation, may discover some faint traces of earlier work we believe, but we are certain he will fail to find any building which, in its main features and as a whole, can date prior to the commencement of the last century. Many of the houses were, till recently, covered with thatch, and some instances of this style of roofing still exist. A very ancient house was lately taken down in the upper part of the High Street, when a most interesting seal, now in the Sim Collection, was found in the foundation. (Plate XIII.) The device on this seal is certainly a trade mark, but the inscription has puzzled several eminent antiquaries. On the whole, we are inclined to read it, "Sig Juen Divin Fulln c ," i.e., the seal of Juan or John Divin of the Waulker or Fuller craft, the last word being a contraction for Fullonicae. The burgh posseses the privilege of a weekly market on Tuesdays, and of no less than seven fairs during the year, several of these being of great importance. The arms of the town of Lanark, which, as it is the head burgh, are also those of the county, have been generally described as a double-headed eagle. The fact that a silver bell is attached to the right foot of the bird is, however, decisive that it is not an eagle, but a royal falcon, which would be a cognizance very naturally assumed when the castle of Lanark was the King's residence while engaged in the sports of hunting and hawking in the extensive royal forests which surrounded it during the twelfth and thirteenth centuries. THE PARISH OF LANAKK. 351 Historical Events. — Of these the earliest and most interestiii"- © is the raising of the standard of independence by Sir "William Wallace, the circumstances connected with which are thus graphically described in the old metrical chronicle of Andivw de Wyntown, Prior of St Serf (B. VIIL, ch. 13):— " Twelf hundry nynty yehere and sewyn Fra Cryst was born, ye King of Hewyn, William Walays in Clyddysdale, That saw his kin supprysed hale With Inglis-men ; in gret despyte Sum of thare harmys he thought to quyte, For he was cummyn of gentil-men. In simple state set was he then ; His f adyre was a manly knycht ; His modyre was a lady brycht ; He gottin and borne in maryage; His elder brother the herytage Had, and joysid in his dayis. This ilk William the Walayis Drew to wapnys and to gere, As manly men used to bere, With a sworde baith sharp and lang It was his use then oft to gang. Gret despite thir Inglis-men Had at this William Walays then ; So they made them on a day Him for to set in hard assay; Of his lang sword, in that entent, First they made him argument. Intil Lanark Inglis-men Quare a multitude war gaddryd then — Ane a tyt made at his sword. W. — Hald still thy hand, and speak the word. I. — With thy sword thou makis gret bost. W. — Tharefor thy dame made little cost. I. — What cause has thou to wear the grene? W. — Na cause but for to make the tine. /. — Thou should not bare sa gair a knife. W. — So said the Priest that swyivyd thy wife ; So long he called that woman fayre, Till that his bairn was made thy ayre. /. — Me think thou drives me to scorn? W. — Thy dame was swyivyd or thou was born. 352 THE UPPER WAKD OF LANARKSHIRE. Era that cast they na mai wordis, Bot soon was tyte owt mony swordis. Into the market of Lanark, Where Inglis-men, baith stout and stark, Faucht intil gret inultytud Agayne William Walays gud. Then he gave them dynt for dynt, There was na strength his strak myht stynt. As he was in that stour fechtand, Fra ane he strak sune the richt hand, And fra that carl micht do na mare, The left hand held fast the buklare ; And he swa mankynd as brayne-wode, Cast fast with the stump the blode Intil William Walays' face ; Mair cumryd of that blode he was Than he was a welle lang quhile Fechtand, stad in that peryle. The Inglis-men gaddryd alsa fast On this Walays, quhile at the last, Fra he had woundyt mony thare That agayne him fechtand ware. Till his Innys, as him behowyd — In gret Ily he him remowyd — Defendant him richt manlykly, But folwyd he was right fellownly. Intil the town was his lemman, That was a pleasand, fair woman, And saw this William chassyd swa, Intil her hart she was richt wa ; She gat him within the dure, That sune they brussyd up in the flure ; Than she gart him priwaly Get out ane -other gat thereby, And with hir slycht she tarryd than His fays, quhile til the wod he wan. The Schyrrave that time of the land, The King of Inglandis' Lutenand, Came to Lanark, and thare he Gert this woman takyn be, And gert her sune be put to dede, That Walays saw, into that stede; In hydlys quhare he stud nere by, Then sore in hart he was hevy. Than till his frendys, alsa fast, Intil the land this Walays past, THE PARISH OF LA NARK. ;} .-, [ And tliretty men he gat, or ma. That ilk nicht he cam with tha That were manly men and stark, Into the town that time of Lanark ; And quhare that he wist the Shyrrave Used his Innys for til have, Intil a loft quhare that he lay, Efter midnicht, before day. Up he stourly bruschyd the dure, And laid flatlingis in the flure. With that the Schyrrave, all aghast, 'Quha is that?' than speryd fast; Sayd William Walays: 'Here am I, Will the Walays, that besyby Thou hast set ye for to slae, Now togydder mon we gae ; The womanny's dede of yhystyrday I sail now gwyt, gif I may.' Alsa fast than efter that The Shirrave be the throat he gat, And that hey steryse he harlyd him down, And slew him thare within the towne. Fra he thus the Shirrave slew, Scottismen fast til him drew, That with the Inglis oft time ware Aggrevyd and supprysed sare ; And this William they made thare Over them cheftane and leddare, For he durst well take on hand ; With that he fayre was and pleasand, Manlyk, stout, and liberale, And wise in all gud governale. To slay he sparyd nocht Inglis-men. Till Scottis he did gret profit then ; The grettest Lordis of our land Till him he gert them be bowand; lid thai, wald thai, all gert he Bowsum til his bydding be, And til his bydding quhay were nocht bowu, He tuk and put them in presown Of castellis, bowrrowys, and fortalys. The grettest made him their servys. The Inglis-men out of ourc land He gert be put with stalwart hand." The same incident is also related by Blind Barry, but. with VOL. IT. - W 352 THE UPPER WARD OF LANARKSHIRE. considerable variations in the detail. These chiefly consist in his stating that Wallace was not alone, but was accompanied by nine followers and by Sir John the Graham, with thirteen retainers; that they went to hear mass in the church of St Kentigern without the burgh; that the Sheriff was not absent, but, along with Sir Eobert Thom, a subtle knight, planned the attack upon "Wallace; that Wallace was unwilling to get into a broil by resenting the insults of the Englishman who accosted him, but seeing the Sheriff and Sir Robert approaching with "their power," became aware that farther parley would be of no avail, and commenced the skirmish; and finally, that the woman who succoured Wallace was the heiress of Lamington, to whom he had been a short time previously united in marriage. Although these circumstances add to the poetic interest of the story, there' can be little doubt that the narrative of the older chronicle is the more authentic ; as, independent of the fact that it was impossible the woman could have been the heiress of Lamington, for the reasons already given [see ante, I., 224), there are serious improbabilities in the version of the minstrel. For instance, if the Sheriff had formed the intention of attacking Wallace, we can hardly suppose that, instead of calling out his force and arresting the Scottish knights in the King's name, he should have allowed them to be, in the first instance, insulted by one of his private soldiers, a proceeding which was likely to arouse their suspicions and frustrate his design ; or that he should, after the sharp repulse he received, and in the full knowledge that his opponents had escaped and were still in the neighbourhood, have remained in an undefended lodging within a disaffected town, without adopting the simple precaution of setting a guard, or the more effectual one of removing to the castle. The number killed on the English side during the brawl, as given by Blind Harry, is also a palpable and manifest exaggeration. The facts, stripped of poetical embellishments, seem to have been simply these. At this period there was a strong feeling of irritation among the Scotch, in consequence of the arrogance and oppression of the English. This naturally showed itself in nil-: PARISH OF LANARK. 353 many little matters, which, although not of sufficient importance to attract the attention of the Sheriff and superior officers, was vexatious to the common soldier. In the case of one of so bold and ardent a temper as Wallace, it would be more prominently manifested than in others, and, in consequence, he would be particularly obnoxious to individuals among the English. Resid- ing at Gilbank, in the adjoining parish of Lesmahago, he visited the market at Lanark, where he got into an abusive wrangle with one of the Southern soldiers. From words, their dispute came to blows. The soldier was supported by his comrades, and Wallace found it necessary to retire to the inn, where he had pro- bably left his horse. Failing in reaching this, he was in great peril, when a woman of his acquaintance enabled him to escape through her premises, and take refuge in the adjoining forest. On hearing of the tumult, the Sheriff, who had been absent on a short excursion, hurried back. He found a number of his soldiers severely wounded ; and having learned by whose aid the perpetrator of these injuries had escaped, he ordered the woman to be put to death. If this sentence was carried out at the usual place of execution on the Gallows Hill, to the east of the town, it is quite possible that it was witnessed by Wallace from his place of concealment, as mentioned by Wyntown. As there were no signs of any conspiracy, and the disturbance appeared to have originated with an individual, no idea of taking unusual precautions occurred to the Sheriff. Wallace, however, having succeeded in obtaining, in the course of the evening, the assist- ance of thirty men, early in the morning entered the town, which does not appear to have been at that time defended by a wall, surprised him in his lodgings, dragged him forth, and slew him in the street. In the existing state of feeling this bold deed acted like a spark in a magazine. The burgesses joined the small band of Wallace. All the English were cut off who failed in escaping to the castle, which having been, in the absence of any previous alarm, left without a due supply of provisions, speedily surrendered. Additional forces poured in from the surrounding districts, headed, in many instances, by men of high rank, such as Sir William Douglas, Le Hardi, and the .".."> 1 THE UPPER WARD OF LANARKSHIRE. contest became a national one. In this, as in most popular risings, the chief command remained with the leader who struck the first blow; and Sir William Wallace, by his patriotism, courage, and military skill, fully vindicated his title to this office. The melancholy result of the struggle is well known ; and in the concluding lines of the above quotation may be found evidence of one cause of this. Wallace, with all his brilliant talents, energy, and devoted patriotism, lacked one important quality, which in his position was essential to success, patience with those whose loyalty was less ardent than his own, and in whom prudential motives induced the greatest caution. Con- vinced of the justice of the cause, he could not understand or tolerate these lukewarm patriots, and carrying his authority with a high hand, seized upon their castles, and garrisoned them for the national cause. The jealousies and ill-feeling' thus engendered led to acts of insubordination against his authority, not only in the conduct of the campaign, but also in diplomatic transactions; treaties (as that agreed to at Irvine) being con- cluded without his concurrence, which perhaps he might have prevented by adopting a more conciliatory line of policy. There is a prevalent tradition that when Wallace escaped from Lanark he concealed himself in a cave among the Cartland Crags, overhanging the river Mouse. The narrative of Wyntoun, however, is not only silent as to anything of the kind, but appears to negative the idea, as it states that Wallace concealed himself, not in a cave with such a limited view as alone would be practicable from any part of the rocky gorge of Cartland, but in a wood from which he could see the town of Lanark and the plan- where his leman was put to death; while the greater portion of the few hours which, according to this account, inter- vened between the escape of Wallace and his subsequent sur- prise of the Sheriff, must have been employed by him, not in concealment, but in collecting from the neighbourhood the band of thirty men by whom he was assisted in this latter enterprise. Mr Davidson also informs us, in his History of Lanark (p. 135), that the so-calkd "Wallace Cave" at Cartland was in his time a " | miy hole," in no way adapted to serve as a place ofrefug* THE PARISH OF LANARK. 355 A similar tradition is current in connection \vith an excavation in the rocks which overhang the right bank of the Clyde between Bonington Fall and Cora Linn; but this is undoubtedly a very modern construction, the writer of these pages having been informed by the late Mr George Ross, one of the Judges of the Commissary Court in Edinburgh, and uncle of the present pro- prietor, that he remembered it being formed for the purpose of allowing room for a swing bridge being placed across the river, which at this point is exceedingly narrow. In the mansion house of Bonington there are preserved three reliques connected with the patriot chief, which were conveyed thither towards the end of the last century from the castle or tower of Lamington. They consist of a seat. The four rude posts which compose its frame — the two at the back being con- siderably higher than those in front — are the only parts which are ancient, the other parts being modern additions. A small oaken cup, with a silver band round the edge, on which is inscribed : — "At Torwood I was cut from that known tree "Where Wallace from warre's toyles took sanctarie; For Mar's sonnes I am only now made fitt, When with the sons of Bacchus they shall sitt." It is almost needless to say that this cup can have no pretensions to have touched the lips of Wallace. It is simply a relique formed out of a tree with which tradition connected him; in the same way as iu our own days we have seen articles manufactured from the Crookstone Yew and the timbers of the Royal George. The verses cannot possibly be older than the very close of the sixteenth century, and are probably much later. Lastly, a pic- ture, said to be a portrait of Wallace. As this is painted in oil, it i^ impossible that it can be a production of the time of the patriot, or a likeness taken from the life. That manner of painting was not discovered by Van Eyck till a century after the death of Sir William, namely, in 1400 Vasari's 11 1st. Pinct; Lanzi's Hist Pit.) Moreover, in this, and iu all the other so-called portraits of Wallace, the dress, armour, and accessaries are those of a period certainly not earlier than 356 THE UPPER WARD OF LANARKSHIRE. the close of the sixteenth, but most probably as late as the middle of the seventeenth century, when, like those of the Scottish Kings in Holyrood, they were painted from imagina- tion, unless, as is in some cases extremely probable, that they were portraits of other persons of the same name living at that period, and that they were afterwards assigned, by ignorant cleaners and restorers, to the champion of Scottish independence. No one can feel more acutely than we do ourselves, that in the foregoing remarks we run counter to ideas which many of our readers will cling to with all the reverence due to ancient traditions. These very traditions which we now call in question have grown up with us from the hour we first learned them in our childhood. They are a pleasing subject of contem- plation to every archaeologist, shedding, as they do, the light of poetry and feeling over the many dry details of his studies. Their intrinsic beauty makes them dear to him, the use made of them by the greater writers, whose works are his delight, bind them still closer to his affection, and it is with the utmost pain that he finds himself forced to call their accuracy in ques- tion. This is the one drawback to the pleasant nature of his labours, but his great and leading aim is the ascertaining of the exact historical truth, and to this it is his duty to sacrifice every feeling, however agreeable. We have heard one of the most learned of living antiquaries describe, and we could fully sympathise with his emotion, how he was almost overcome when he saw his audience moved to tears, as within the nave of Salisbury, with an unequalled knowledge of his subject, and a force and perspecuity of reasoning possessed by few, he, in obedience to the call of truth, inexorably piled fact on fact, and proof on proof, till even the most prejudiced of his hearers had to confess that he had reduced one of the most cherished and poetical traditions of that cathedral to the baseless fabric of a dream. In the present case, our own inclination would have been to illustrate and adopt the traditions we have questioned, had not a stern sense of duty imposed on us an opposite course. When Edward II. of England made, in 1310, his fruitless invasion, or rather raid, upon the lowlands, which was so THE PARISH OF LANARK. 357 skilfully defeated by the tactics of the Bruce, in withdrawing the Scotch troops, declining an engagement with an enemy pos- sessed of superior forces, and leaving the latter to be defeated by the failure of supplies, he occupied Lanark on the 11th of October, having marched thither by Biggar and CarmichaeL He remained there until the morning of the 13th, when he proceeded to Linliscon (Linlithgow?), returning from the latter place on the following day, and on the lGth proceeding to Renfrew {Collectanea Archceologia, I., 119). The common muir of Lanark was on several occasions, from its central position, the place of assembly of the contending armies during the contest between the Crown and the powerful family of the Douglases. It was there that the King, in 1452, concen- trated the force which besieged the castle of Douglas {ante, II., 100), and it was also there that James, ninth Earl of Douglas, assembled his forces before advancing to the attack of his sovereign, then besieging his castle of Abercorn {Act Pari, III., 76). In July, 1640, the men of the Upper Ward, who were included in the levy ordered by the Convention of Estates, assembled at Lanark. In 1649 a petition was presented to the Committee of Estates on the Bills, by John Crawfuld of Camlarge, " showing that when the west country forces were in arms about Falkirk, he being then employed by the Lord Chancellor in ane publick business, and being on his journey for discharge thereof, was, in September, 1048, most viollentlie beset, and ane horse taken from him (which was worth 400 merks), by certain persons, men, women, and children, in the town of Lanark." The Com- mittee, however, found that the horse had been taken by one Patrick Lochor (Lockhart?), who was ordered to restore it {Act Pari, VI, 5, 12). Lanark was occupied by the English horse, to the number of 4000, on the 28th November, 1650, who remained some days, marching from thence to Hamilton. Charles II. halted here, and encamped on the muir, when starting on his dashing march into England, which terminated so disastrously at Worcester {Ibid, VII., 286). In 1666 the insurgents occupied the town 358 THE UPPER WARD OF LANARKSHIRE. of Lanark for a night, and the next day solemnly renewed the Covenant. In the afternoon, perceiving that the Royal forces, under Dalziel, had reached Stonebyres, they continued their march eastward, followed by that General, who defeated them at Bullion Green (Wodrow, II, 25-27). On the 12th January, 1 682; a party of Covenanters, consisting of about forty horse and twenty foot, well armed, published a declaration at the Cross of Lanark, confirming one they had previously issued at Sanquhar, and giving the reasons of their revolt from the Government of Charles the Second. They also burned the Test and the Act of Succession of the Duke of York to the Crown. On the 2d of February, the Council, seeing that none of the magistrates, councillors, or inhabitants offered to make the least opposition to this proceeding, nor gave timeous notice to others, fined the magistrates in 6000 merks, "reserving them relief off the inhabitants and community, declaring still that the common good of the town is not to be burdened with any part of it/' A petition from the magistrates, praying that this fine might be lessened, was peremptorily rejected on the 7th of July {Murray's Life of Remvick, p. 20; Wodrow, III., 362, 363, 369). In November, 1685, the Council ordered the magis- trates to be prosecuted, "for suffering persons in their prison for public crimes to escape" (Wodrow, IV., 211). The proclamation issued in 1689 for calling out the militia and fencibles on the south of the Tay, directs that the troop com- manded by the Marquis of Douglas should assemble at Lanark (Act Pari, IX., 25). In 1706 a petition was presented to Parliament, signed by a number of the elders, heritors, and masters of families, in the town and out-paroche of Lanark, praying that the Act of Union should not be passed, in terms of the Articles of the Treaty (Ibid, XI, 328). G. V. I. THE PARISH OF LANARK. 359 APPENDIX. PARLIAMENTARY REPRESENTATION OF LANARK, From 1467 till the Union. Place of Meeting. 1467, - - Stirling, 1469, - Edinburgh, 1471, - - Do. 1476, - - Do. 1478, 1st March, Do. 6th April, 1st June, - 1479, - - Edinburgh, 1481, 18th March, Do. 2d April, 11th April, 13th April, 1482, - - Edinburgh, 1483, - - Do. 1484, - - Do. 1485, - - Do. 1487, - - Do. 1488, - Do. 1489, - - Do. 1491, - - Do. 1493, - - Do. 1503, - - Do. 1505, 1513, Perth, 1524, - Edinburgh, 1525, - Do. 1526, - - Do. 1527, - - Do. 1528, - - Do. 1531, - - Do. 1535, - Do. 1540, - Do. 1542, - - Do. 1543, - Do. 1544, - Do. 1545, - Linlithgow, 1546, - Edinburgh, 1548, Do. 1560, - - Do. VOL. II. Commissioner. William Bertram. Present, but not mentioned by name. Do. Do. Do. Do. Absent. Do. Present, but not mentioned by name. Do. Absent. Do. Present, but not mentioned by name. Do. Do. Stephanus Lockhart. Do. Present, but not mentioned by name. Do. Stevin Lokart. Do. Absent. Do. Do. Do. Do. Present, but not mentioned by name. Absent. Present, but not mentioned by name. Absent. Do. Thomas Broltown. Ballivus de Lanark. Absent. William Pender. William Bannatyne. Absent. Do. Do. 2X 360 THE UPPEK WAED OF LANARKSHIRE. Place of Meeting. Commissioner. 1567, 16th April, Edinburgh, Absent. 15th Dec, Do. Present, but not mentioned by name. 1568, Do. Absent. 1571, Stirling, Do. 1572, Edinburgh, Do. 1578, Stirling, Do. 1579, 7th August, Do. Do. 20th October ■, Edinburgh, Rolland Muir. 1581, Do. William Wilkin. 1584, Do. Absent. 1585, 31st July, St Andrews, Do. 1st Dec, Linlithgow, David Brentoun. 1587, Edinburgh, Robert Levingstoun. 1588, Holyrood, Absent. 1590, Do. Do. 1592, Edinburgh, No record of attendance. 1593, 10th July, Do. William Wilkie. 11th Sept., Stirling, Absent. 31st October. , Linlithgow, Do. 23d Nov., Holyrood, Do. 1594, 18th January, Do. Do. 22d April, Edinburgh, No record of attendance. 10th Sept., Holyrood, Absent. 1596, 22d May, Do. Do. 29th Sept., Dunfermline, Do. 13th Dec, Linlithgow, Do. 1597, 1st January, Edinburgh, Do. 3d March, Perth, Do. 13th May, Dundee, Do. 1st Nov., Edinburgh, No record of attendance. 1598, Holyrood, Absent. 1599, Falkland, Do. 1600, Edinburgh, No record of attendance. 1601, Perth, Do. 1604, Edinburgh, Do. 1605, Do. Do. 1607, Do. Do. 1608, Do. Absent. 1609, Do. Do. 1612, Do. Robert Lockhart. 1617, Do. James Gray and Gavin Blair. On this occasion many of the Burghs were represented by two Commis- sioners. 1621, Do. Gavin Blair. THE PARISH OF LANARK. 361 Place of Meeting. Commissioner. 1626, - Edinburgh, Absent. 1630, - Do. Gideon Jack. 1631, - Perth, Absent. 1632, - Holyrood, Do. 1633, - Edinburgh, Gideon Jack. 1639, - Do. Do. 1640, - Do. Do. 1641, - Do. Absent. 1643, - Do. Gideon Jack. 1644, - Do. Do. 1645, - Do. Absent. 1661, - Do. Patrick Bisset. 1663, - Do. Patrick Msbet. 1665, - Do. Patrick Bisset. 1667, - Do. Do. 1669, - Do. Do. 1670, - Do. Do. 1672, - Do. Do. 1673, - Do. Absent. 1678, - Do. Thomas Stoddart. His election dis- puted, but sustained by Parliament 1681, - Do. William Wilkie. 1685, - Do. James Weir. 1686, - Do. James Hair. 1689, - Do. Thomas Hamilton. 1690, - Do. Do. 1693, - Do. Do. 1695, - Do. Do. 1698, - Do. Do. 1700, - Do. Do. 1702, - Do. Do. 1703, - Do. William Carmichael. 1704, - Do. Do. 1705, - Do. Do. 1706, - Do. Do. G. V. I. 362 THE UPPER WARD OF LANARKSHIRE. LANARK PARISH Was described, in 1793, by Lockhart of Baronald as consisting of " pretty flat and improvable land, but along the Clyde, from Bonniton Fall downwards, for the space of more than three miles, the banks are high, precipitous, and rocky; which, however, are pretty generally fringed with natural wood and planting. The banks of the Mouse, the only other river of any size, and which, running from east to west, separates the parish into two distinct parts, are equally precipitous, but are also clothed with natural wood and plantations of forest trees." The district so described in the Old Statistical Account of Scotland is, in its main features, like what it was seventy years ago; but the parish is more populous, the burgh more important, in the Ward at least, and its outskirts warmly settled with villa-like abodes and rich sur- roundings, not often met with near towns of the size. The statist referred to writes well but cautiously, stating that the parish "may contain about 6000 acres; 600 of coppice and wood, 1800 of moor, and about 3600 of arable." Ordnance figures report, and they leave no room for the word " may," the wood, moor, arable, and total, as 1500, 1200, 7200=10560 — the 600 odd acres being accounted for by space occupied by houses, roads, railway, rivers, etc.; so that, making due allow- ance for the guess estimate of 1793 and the exact figures recently published, the parish has evidently made a large stride in im- provement, the arable acreage and land under wood being nearly double what it was reported to be at close of last century. Proceeding according to the plan of this Work to notice the topographic features of the parish of Lanark, the Bonnington estate (250), being farthest up the river Clyde, will come first under review. Bonnington estate stretches along and above the eastern banks of the Clyde, from near the cotton-mills of New Lanark towards the Carlisle road, which crosses the river at Hyndford. The mansion and woods stand respectably on the valuation roll, and the locality is of surpassing beauty; but the proprietor, holding largely in the north-east of Scotland — and THE PARISH OF LANARK. 3G3 Balnagown is one of the most picturesque of spots in Easter Koss — is but partially resident; and the mansion, described in 1793 as "a very neat and elegant modern building," is eclipsed in grandeur by the more recent erections at Carstairs, Cormiston- Towers, Birkwood, and elsewhere in the Ward. Boathaugh and Eobie's-land (250-781) farm is the highest in rent in the parish, and lies eastward of the mansion of Bonning- ton, near to the banks of the Clyde, and where that river so abruptly sweeps round to the north-west, the Douglas-water flowing into it when farthest west, and near where the railway bridge for the Douglas line crosses the Clyde. From the name of the farm, a ferry was of old there ; and the course of the Clyde is placid-like to be so near the series of falls by which it escapes from Upper to Lower Clydesdale; for although the Upper Ward extends miles below Stonebyres, it surely is the lower Clyde dale there. The land is arable, richly wooded, well fenced, and well worked. Bonnington Mains (250-792) stood second in value on the valuation roll for 1858-9 of the parish, and, as might be looked for from the name, is in the near neighbourhood of the mansion, lying to the north, given on Forrest as Bonnington farm, and, stretching eastward from the domain on the Clyde, is chiefly arable, well enclosed, and must find a ready market for much of its dairy produce in the New Lanark mills, if not in the burgh of Lanark. Coblehaugh (250-852) farm is first-class as to size, but less than those last noticed; it lies north-eastward of Bonnington House, beyond the Hyndford-bridge road, on the Carstairs march, above the Clyde; and coble being something like the diminutive of boat, such mode of crossing the Clyde, to or from Carmichael parish, woidd be the ordinary mode of passage here before erection of the bridge at Hyndford. Charlestown (250-1062) farm is of moderate size, on the Clyde, above the bridge at Hyndford, and the homestead shows well from the Carlisle road, the land swelling so gently eastward from the river, and all so warm and fertile -like. Langloch (250 ) is a farm of small size, south of the Lanark race-course, near midway between Bonnington and Coblehaugh, and in a level VOL. 11. 2 Y 3G4- THE UPPER WARD OF LANARKSHIRE. district, as it must be, seeing that there are so many lochs about, and the broad and rapid river so near, between the homesteads of Boathauo-h and Langloch, while the distance is short. Forrest has three lochs laid down on his map, the middle one being called Cat-loch, as some fortalice may have stood there. Tilly- ford (2.50) is a very small arable farm, north-west of Boathaugh ; and, to have been a ford, appears to be in rather dangerous proximity to the Falls of the Clyde at Bonnington. A grain and bone mill, of fair value on the roll, and near the bridge at Hyndford, make up the estate of Bonnington. Hyndford estate (321) is, as a farm (815), of first-class size for the district, lies west of the bridge of Hyndford, south of the small farm of Langloch ; the land, so near the Clyde, is fertile, but the height above the river is given as 692 feet, and wood shows picturesquely about. The bridge of Hyndford was esteemed a fine one when erected, but has the fault of being so narrow that on the piers recesses are made, to allow shelter for the pedestrian when two conveyances may meet ; moreover, the pull up the bridge is heavy; but, with such faults, it was a boon to the district, which was dependent on a ferry, by coble or boat, to carry the traffic, which may have been considerable a century ago, as it was the route from the upper Forth to the lower frith of Clyde, and also from Peebles, by Biggar, Libberton, Petti- nain, etc., for the town of Lanark. The statist of 1793 describes the bridge as being " of five arches, built a few years ago, and for elegance and simplicity may challenge any bridge of its size in Scotland." On map of 1773 a ferry is noted, between the farms of Boat, on south, and Coblehaugh, on north. Huntlyhill estate (354) is of small extent, consisting chiefly of the farm (1067) so named, with other lands, in two parcels, together about half the value of the farm, and all lie on the western verge of the parish of Carstairs, and the eastward sec- tion of that of Lanark. Smylum Park (352), given on Ross as Smiliehall, and on Forrest as now called, but then owned by Lord Armadale ; it lies north-east of, but no great distance from, the town of Lanark. The mansion, which values well on the roll, was unoccupied in 1858-9; the domain is well wooded, THE PARISH OF LANARK. SQ5 and about a third value of the property is given as held by small proprietors. Stanmore (375) house, garden, and grounds, are held by the proprietor; is finely placed, north-east of the town, above the old road for Edinburgh, and with full view of the lower strath of the Clyde. In map for 1815 no note is made of this locality, the energetic owner having been his own ancestor, and earned his position right worthily, as has been alluded to in noticing the academy of Carmichael parish. Castlebank, 401; Bellfield, 445; Oofton-hill, 467; Mansfield, 4b'8; Mousebank, 478; and Orchardville, 538; are villas and lands in the vicinity of Lanark, occupied by the owners, and in the finest sites of the picturesque district, from the banks of the Mouse to the Linn of Dimdaff. Croftonhill and Mansfield have recently changed hands; the former to one whose family have been long iufluentially known in the district, and the latter by one who throve apace by seeing to it that his neighbours took their fair share of the good things — the creature comforts — of life. Besides the places enumerated, the ornate-like abodes of the county dowager and legal and local gentry are thickly scattered about the ancient town of Lanark. Baronald estate (345), which has recently changed hands, was held, in 1793, by the accomplished writer of the Old Statistical Account of Lanark; in 1815 it is noted as owned by a Lock- hart, but he who last held it was not so named. It lies in the pretty nook between the Mouse-water and the river Clyde, east of Nemphlar, and west of Lanark. The mansion, woods, etc., show well on the roll, but a considerable part of the estate is a farm (1001); the fields are finely sheltered. Nemphlar district, wilick lies north of the Clyde and east of the Mouse, appears to be well settled with Lockhart lairds, who till their own acres; and the farms, of moderate value, are so alike in name — Nemphlars, east, mill, or west — that it is not easy to individualise them; on the analysis of valuation roll, given in the closing volume of this Work, they appear as 386, 396, and 419 — the latter not a Lockhart, Sunnyside (275) estate well deserves its name, as it lies so warmly placed between the junction of the Mouse with the Clyde, 366 THE UPPER WARD OF LANARKSHIRE. the Linn of Stonebyres, and the Nemphlar braes on the north. It has recently changed hands; does not appear on map of 1773, but on that of 1815 appears to have been held by A. Gillespie. The mansion and grounds show well on the valuation roll; the orchards rent well; and the lands of Mouseholm and the parks of Sunnyside were held by Nemphlar farmers. Braxfield, on the Macqueen estate (277), was the original holding of that family, as noticed in preceding pages; is near the New Lanark in ills, and so beautifully situate above the Clyde, with the Linns of Dundatf and Corra to the south, that it is occupied by the family interested in these extensive works. Carfin (301) estate lies on the north-west section of the parish, where it is overlapped by that of Carluke, the distance between the latter and the Clyde being of no great extent. The mansion, garden, and woodlands show well on the roll, and being on the fruit-producing district of the Clyde, the grounds are rich and well let; those of Carfin and Clydebank (1092) being given as a farm of fair size, besides which there are some minor holdings on the estate. Holmfoot (402) estate is on the extreme north-west nook of the parish, between that of Carluke and Lesmahagow. The mansion-house, orchards, and grounds make a fair appearance on the roll; and the small farm of Howieson makes up the value of one of the prettiest placed of the minor properties in the parish of Lanark. The Lee estate (244) stands here highest in value, as it does in not a few of the parishes in the Upper Ward of Lanarkshire. The House of Lee, of which a view appears in this volume, is within three miles north-west of the burgh of Lanark, and little more than half that distance from the river Clyde, the Nemphlar wood-crowned heights intervening, and the Carluke march at Auchinglen being but a short way west; the approach from the eastward being by an avenue of great length, well kept, and with fair timber to right and left, before and behind, as the carriage-way leads on. In the New Statistical Account of Scot- land, it is stated that "the lordly mansion of Lee was renovated a few years ago, after a design by Mr Gillespie Graham. The style is castellated. Its principal ornament is the lofty Gothic m ■ gmm^ :i. 1L ■V THE PARISH OF LAX ARK. 367 hall in the centre, which replaces the open court of the old house, rises high above the rest of the building, and is lighted by twelve windows, three on each side, near the roof." Abridging from "Davidson on Lanark" — "In approaching the house, the eye is delighted with the appearance of verdant groves, stately trees, smooth, level lawns of the richest pasture, fertile meadows, highly-cultivated fields, and scenes where nature and art seem as if to vie for the mastery. The house is of singularly elegant architecture, having a round turret at each of the angles, with a square one in the centre, which overtops the building, and lets a flood of light into the saloon on the ground flat. The furni- ture is of the richest description, the two principal rooms being decorated with very fine paintings, family portraits, and a like- ness of Prince Charles Edward Stuart. One of the bed-rooms is hung round with tapestry work, emblematic of the story of Jephthah and his daughter; the figures nearly as large as life, correctly and tastefully executed." A drawing is given of the old oak at Lee — "Our Peas Tree" of Eobert the Bruce; and this fine tree is noticed in the preceding pages on the antiquities of the district as being of reputed historic interest. Davidson gives the dimensions of this oak as "forty-seven feet in girth at the surface, and forty-six at bottom of the branches." Besides the oak, there is one of the finest larches in Scotland, planted, according to Davidson, on the birth of George III., upwards of one hundred years ago; in 1834, upwards of 100 feet in height, and above 18 in girth. "But these," adds the historian of Lanark, "are not the only notable trees; on all hands, large plane, ash, beech, and lime trees, with groves of yew, attest the taste of the proprietors. Kock and water are very much wanting, although the extensive meadow near has evidently been covered by a sheet of water." A former Laird of Lee erected a building on top of a hill, not far from his mansion, for pic-nic parties; the ruins which exist find a place on Forrest's map, and known as the "Lee Folly" — the name given it by the builder. Of the Lee Penny ample notice has been taken in the preceding pages of this Work; and a full account of the rise and position of the Lockharts of Lee, as of other historic names in the Upper 368 THE UPPEE WAED OP LANARKSHIRE. Ward, appears in the antiquarian sections of these volumes; bald figures and dry topography being the division of labour undertaken by the writer of these pages. The mansion, policy, wood, and land within the Lee domain, and which in valuation roll for 1858-9 appear in name of the Dowager Lady of Lee, are of large value, and being looked to by her, prove her to be one of the most energetic of her sex; but the Ward has many such, as has been before referred to, in Douglas and elsewhere. Nemphlar, West (244-898), farm; Nemphlar, East (244-967); Halltown of Nemphlar (244-997); Nemphlar, East (244-1080); Chapel-Nemphlar (244-1177), Halltown-Nemphlar (244), and Nemphlar, West (244), farms are in the district south of the House of Lee, 898 being the largest in rental; 967, 992, and 997 of considerable size, 1080 smaller, 1177 less, and the other of smaller size. The Nemph- lar rano;e of heights — or braes, as minor hills are called in Scotland — runs north-west from Mouseholm, south of Lee, and have 856 noted on Ordnance Sheet as their elevation, that at West-town being so marked. Of the district of Carstairs and Nemphlar, the rev. statist of 1834 reports "that they consist of a hard till; this soil prevailing more or less in all high and exposed situations, being the most stubborn of all kinds of soil, but in every part of the parish, sometimes even in the same field, the different varieties of soil are found." Newsteading (244-928) farm is of considerable extent, north of Baronald, south-east of Cartland Mains, near the Mouse- water, and farmed so well that the tenant has recently become the proprietor of the villa and grounds of Mansfield, in the vicinity of the Clydesdale Arms, Lanark. Castlehill (244-1025) farm is of fair extent, north-west of Jerviswood, north-east of Cartland Mains, south of, but not far from, the Caledonian Railway, and in a well-enclosed section of the parish. Fullwood (244-1033) farm lies north of Castlehill, above the Caledonian Railway, and in an upland district, the height there being given as 821 feet. Greentowers and Lochknowes, rather strange names (244-1127), farms are between the Carluke march, the Caledonian Railway, and the Mouse-water, near Cartland THE PAKISH OF LANARK. : J | ; \ i hamlet, the land being high. Auchengleu (244-992) farms, partly in Lanark, partly in Carluke parish, the latter about one- fourth, together make a holding of considerable size, and lie south-west of the House of Lee, and near the base of the hill crowned with the "Folly," erection before referred to. Lockhart Mill, Birkenhead, and Auchenglen, are other holdings on the Lee estate; the first on the Mouse- water below Jerviswood, tin- second north of the Caledonian Railway, the last near the Carluke march, south-west, but none appear on the valuation roll for much rental. The parks near the House of Lee appear to rent well, but the holdings on the moor of Lee seem to be of no great value; besides these, there are minor entries for houses, etc., in Cartland, while the lime quarries at Craigendmill are large, and the more notable that, in the Old Statistical Account of the parish, reference is made to the lime being got there then, adding that '•'underneath it is generally found a thin seam of coal, often sufficient to burn what is dun - out iuto lime." These quarries are opened on the north-west corner of the parish, where the moor of Lee indents the parish of Car- luke, having the mineral estate of Law on the west, and the small hamlet of Kilcadzow on the east. The estate (245) of the Lockkarts of Cleghorn, who, like their neighbours of Lee, hold land largely in other parishes of the Upper Ward, comes next under notice. Cleghorn House is described by the statist of 1834 as "an old and comfortable dwelling-house, finely situated upon the north bank of the Mouse, and surrounded with fine wood/' Again, the historian of Lanark, in closing his description of the Dell of the Mouse, notices "the beautiful appearance of Cleghorn House, where, from a short distance above the bridge, the river is seen strug- gling on, dashing over pigmy precipices, and displaying a scene of peculiar grandeur as it rushes forward through a fearfully deep and almost invisible channel. But there the eye is feasted with milder glories; extensive woods, richly cultivated fields, charming lawns, and a small, but tastefully ornamental garden. Beyond this, however, the scenery increases in wildness, but loses in variety, the eye having nothing to rest upon save the 370 THE UPPEK WARD OF LANARKSHIRE. russet surface of the moorish wilds." Cleghorn House is a short way south-west of the Cleghorn Station, where the branch line from Lanark comes into the trunk line of the Caledonian Railway, and the old house is got but a glimpse of, as it stands embowered among the trees to the south-west, and with the disadvantage to the sight-seeker that the embankment of the line rises up north of the Cleghorn Station. The mansion, domain, and woodlands of Cleghorn value well on the paro- chial roll. Cleghorn farm (245-839) is of first-class size for the district, and, as its name suggests, it lies near the mansion, north-east of Jerviswood, intersected by the Caledonian Rail- way, and in an upland but well-cultivated district. Cleghorn mill and farm (245-864?) is of considerable value on the roll; but much of that may arise from the mill privileges, the Mouse being a large and unfailing stream. The statist of 1793 re- marks that the " south and east parts of the parish, excepting the burrow lands, which consist of a rich loam, are in general inclined to be light and gravelly. The estates of Lee, Cleghorn, Jerviswood, the Nemphlars, and the rest of the parish, consist of a very improvable clayey soil, adapted for wheat, provided there were spirit enough in the country to promote the erection of a flour mill; but as at present there is no flour mill nearer than Hamilton, there is no encouragement towards the culture of that profitable and useful crop." In the map by Ross of 1773, Mousemill only is noted, now there are many on the Mouse-water, large, and adapted to all work. Collielaw (245-1063) farm is of considerable extent, in a hilly district, as might be inferred from the latter portion of the name ; it lies on the north-east nook of the parish, having Carluke on west and north, and Carstairs on north and east. Stobbilee and Windsor (245-1108), farms of non-instructive names, are of fair extent, north-east of Cleghorn, west of the Mouse-water, above the Caledonian Railway, and in an upland district. Wellhead (245 ) farm is small, north-west of Stobbilee, near the cross-country road for Carluke, and on the Carstairs march. Longhill (245) farm is of still smaller size than Wellhead, further north, and near the Carluke inarch. J J Wway dd> Our Peas Tree,"- of the Bnrce, at Lee House. THE PAEISH OF LANARK. 371 Whitelees (245) farm is very small, as is Parkhead— the former showing on Forrest as in the parish of Carstairs. The grass parks near the house of Cleghorn appear to be of considerable value, and are let to tenants for less than one year. The Jerviswood estate (293) is of greater historic note than money value in the parish of Lanark, as it appears to contain but two farms, those of Jerviswood (925) and Jerviswood Mains (874); the latter, the larger one, lies on the east of Mouse- water, north of Stanmore, near to Lanark, the turnpike road for Edinburgh, and in a district fertile, well fenced, well wooded, and well watered. Jerviswood farm is of considerable size, chiefly on the Mouse-water, above Lockhart mill, and in a richly-culti- vated district. The woodlands, the cottage at Melvinhead, and the lands of Frostholm, appear also on the estate. On estate (265) — Birkwood-Lesmahagow, is the farm of North Faulds (929), situate in Lanark parish, lying south of Lanark- moor, between Stanmore on the west, Carstairs march on the east, and it is of considerable extent. The small farm Stickhill (265) lies nearer the Carstairs march, and a short way from Westbank. Three other holdings, little more than i?50 together, make up the Birkwood rent roll in this parish. The magistrates of Lanark hold a considerable amount of property in the landward portion of the parish, but what the burgh figures are for them, or like entries, is not noticed in these pages. The land in pasture and under wood on Lanark-moor appears for a considerable amount. Mouse-mill, Whitelees, New- mains, Castlehill, Rood-Cross, Smylum, lands near to ditto, near to race-course, and cottage at the moor, are the larger entries on the valuation roll. Besides, lands S. and N. of the Edinburgh road appear to credit of the burgh as Hospital lands, details of all which will be found in the last volume of this Work. Batte- man's mortification, noticed in the antiquarian pages, has also land of some value in the parish. Minor entries in the landward parish of Lanark appeared on roll 1858-9 under 50£, 97?. 10s.; 45?., 1 661. 15s.; 401,14,81.; 35?., 237*. l(k; 30?., 137?. 15s.; 25?., 173?. 15s.; 20?., 289?. 5s.; 16?., 186?. 5s.; 12?., 109?. 4s.; 8?, 222?. 14s.; 4?., 219?., 2s.; 2?., 14?. 15s.; empty, 11?. 15s. VOL. II. 2 z 372 THE TTPPEE WARD OF LANARKSHIRE. The Falls of Clyde, at Lanark, have been attractive to the tourist since that class of travellers came into notice, and long before; as, although before the age of printing, the Roman legionaries who found their way back from the banks of the Clyde to those of the Tiber, may have descanted on the beauties of "Caledonia, stern and wild." The account by Pennant, although written nearly a hundred years ago, is better than scores of descriptions that have been since then published ; and as the work may now be rare, it will, with occasional abridgement, be reproduced here. At Vol. II., page 135, Pennant writes, after describing the Douglas sculptured tombs — " Ride for some time in Douglasdale, a tract deficient in wood" — abundant now — "but of great fertility; the soil fine, and of an uncommon depth, yield- ing fine barley and oats; most slovenly kept" — better looked to now — "and full of weeds; the country full of gentle risings. Arrive in a flat extent of ground, descend to the river Clyde" — at Kirkfieldbank — "cross a bridge of three arches," — the old bridge of Lanark — "ascend a steep road," — steep now it is, as it was then, — "and reach Lanerk:." " Not very far from Lanerk are the celebrated Falls of the Clyde; the most distant are about a half-hour's ride, at a place called Corry Lin, and are seen to most advantage from a ruin- ous pavilion in a gentleman's garden, placed in a lofty situation. The cataract is full in view, seen over the tops of trees and bushes, precipitating itself in an amazing way from rock to rock, with short interruptions, forming a rude slope of furious foam. The sides are bounded by vast rocks, clothed on their tops with trees ; on the summit and very verge of one is a ruined tower, and in front a wood, overtopped by a verdant hill. A path conducts the traveller down to the beginning of the Fall, into which projects a high rock — in floods, insulated by the waters — and from the top is a tremendous view of the furious stream. In the clifts of the savage retreat, Wallace is said to have concealed himself, meditating revenge for his injured country. "On regaining the top, the walk is formed near the verge of the rocks, which, on both sides, are perfectly mural and equi- distant, except where they overhang; the river is pent up THE PARISH OF LANARK. 373 between them, at a distance far beneath, not running, but rather sliding along a stony bottom, sloping the whole way. The summits of the rock are wooded, the sides smooth and naked, the strata narrow and regular, forming a stupendous natural masonry. After a walk of about half a mile on the edge of this great stream, on a sudden appears the great and bold Fall of Boniton, in a foaming sheet, far projecting into a hollow, in Which the water shows a violent agitation, and a far extending mist arises from the surface. Above that is a second great fall, two lesser succeed ; beyond them the river winds, grows more tranquil, and is so for a considerable way, bounded on one side by wood- crowned banks, on the other by rich and swelling fields." "Again pass over the bridge of Lanerk, in order to visit the great Fall of Stone-biers, about a mile from the town; this has more of the horrible in it than either of the other two, and is seen with more difficulty. It consists of two precipitous cataracts, falling, one above the other, into a vast caldron, bounded by lofty rocks, forming an amazing theatre to the view of those who take pains to descend to the bottom." Forsyth, a native of the Upper Ward, in his " Beauties of Scotland," published sixty years ago, did not fail to pourtray the attractions of the Falls of Clyde, remarking that — "Between the parishes of Covington and Pettinain, on the west, and of Libberton and Carstairs, on the east and north, the Clyde seems almost to stagnate amidst the rich meadows by which it is sur- rounded, and for several miles its course is slow and its waters deep. On approaching the parish of Lanark, it resumes its former appearance, and flows along in an expanded stream, over a stony bottom, till it approaches the Falls. There, on account of the weight of water contained in the river, the height of the Falls, and the scenery by which they are surrounded, the Clyde is an object of much curiosity; along the eastern side of the river a romantic road is formed, between Corra Linn and Bon- niton, with fine woods on the one hand, and the river roaring below, in a deep chasm, on the other." Above Bonnington, the Clyde "exhibits a broad, expanded, and placid appearance, beau- tifully environed with plantations of forest trees. Its course is 374 THE UPPEE WARD OF LANARKSHIRE. towards the north-west, but it suddenly turns towards the north- east, and at the winding is the Bonniton Lin, where the river falls over a part of the stratum of rock which forms the termi- nation of that along which the road from Cora Lin runs. From an elevated point above the cataract, the whole body of the river is seen precipitating itself into the chasm below, over the edge of a perpendicular rock. The descent is thirty feet. Prom Bonniton Lin the appearance of the river is suddenly changed, its course contracted, as it boils onward, among rocks and preci- pices, for Corra Lin, a distance of about half a mile. Every jutting corner of the rocks is covered with natural wood, greatly adding to the beauty of the scenery. Corra Lin is best seen from a pavilion, erected in 1708 by Sir James Carmichael of Bonniton, which crowns a lofty bank overlooking the Fall, and in which are mirrors so disposed that the cataract appears pouring clown on head of the beholders." A similar device to adorn the beauties of nature is resorted to, on what are known as the Falls of Ossian, on the river Braan, in the vicinity of Dun- keld; and such prettinesses — do charm the ladies. Beyond the Lin, the old castle of Cora is seen, crowning the rocks overhead, and seeming to shake under the concussion of the waters, when the Clyde leaps down in heavy spate — i.e., flood. Corra Lin has three apparent breaks in the flood which pours down the rocky ledges, yet the leaps downwards are almost continuous. Under the high-placed castle of Corra is a corn-mill, kept in motion by the first rush of the waters above the Lin. The height of Corra Lin is 84 feet, and the ladder which descends from the rocks above to the lower basin of the Lin, enables the tourist to look on it in all its grandness. The grounds between Lanark and Bonnington are finely kept, richly wooded, and open to such parties as can procure a guide from any of the respectable inns in the town; and the crowds disgorged from the frequent excursion trains in the summer season, have made the localities of the Falls of Clyde familiar to most of the artizan class of the west and east of Scotland, being nearly equidistant between Edinburgh and Glasgow, and the Caledonian Railway carrying at a low rate; J. J Murray del II Corra Linn, from thp if THE PARISH OF LANARK. 375 the locality is of frequent resort by the teetotal excursionists — and there at least they will find a "waste of waters." The allusion to the caverns above and near the Falls of Clyde having been a place of refuge for Wallace and his compatriots is over-hackneyed, and in great part apochryphal, as has been demonstrated in the antiquarian section of this Work. Bowriug has some fine lines on the Falls of Clyde ; in which Balfour of Burley finding refuge there is tastefully referred to. Below Corra there is a smaller Fall, that of Dundaff, and it may be the most useful, if it be the least awful of the Falls, seeing that the water power for the mills of New Lanark are drawn from it ; but of this more fully afterwards. Below the new bridge of Lanark are the Falls of Stonebyres, noticed by Pennant as "the most awful of the three;" but more rarely visited by the sight-hunter, being not quite so accessible; who, it may be, like Thomas Pennant when advised to visit another Fall called Dundafflm — Dundaff Lin, "being satiated for this time with the noise of waters, we declined it." The historian of Lanark, Davidson, is eloquent on Stonebyres, and describes it as possessing more strange sublimity than either Corra or Bonnington, but in many respects like to Corra, as both are nearly of the same height, both send down their flood by three distinct, yet almost imperceptibly marked leaps, and both sensibly widen as they descend. " Here nature ranges uncontrolled; the mind of art has done nothing for the ac- commodation of the visitor, as at Corra or Bonnington, and he is left to choose for himself a station, and although in some points fringed with coppice, yet they are destitute of that majestic grandeur," etc. The best view may be got a short way down the wood, where the bed of the river can be reached without great difficulty. The gulf below is known as the "salmon pool," where, in spawning time, shoals of that noble fish congregate; and they are frequent in their attempts — vain always — to ascend the Linn. To quote again from Davidson — "A more amusing and delightful sight can hardly be conceived than when the evening sun is gilding the western horizon, and illuminating the broad sides of the salmon, radiant with scales, 376 THE UPPEE WARD OF LANARKSHIRE. they shine like a mass of refulgent gold, as, when leaping, they appear for a moment in the air, or skim beneath the blue wave." A short way above the Lin of Stonebyres, the deep Clyde was compressed within a sluice-like space, but a few feet in width, and so narrow at one time that good leapers could spring across, but not always with safety ; but the temptation to make the fool-hardy experiment has been abated by the humane proprietor having blasted a portion of the rock and widened the chasm. The Lanark book has many tales related of hair-breadth escapes at the perilous pass above Stonebyres Linn, and the curious reader is referred to his pages for all such details. Before closing the notice of the Falls of the Clyde, some con- densed extracts may be made from an excellent paper in the New Statistical Account, contributed in 1834 by the Rev. Wm. Menzies, minister of the parish, and father-in-law of Charles Cowan, late M.P. for Edinburgh : — " The Clyde, above the Falls, is a large and beautiful river, flowing through a long track of holm land, which being very little elevated above the bed of the stream, is liable to be overflowed; and seems once to have formed the bottom of an extensive lake, before the waters had worn their channel sufficiently deep to drain it." "At Bonnington, the river, in a divided stream, is abruptly precipitated over the ledge of rocks ; the channel, for about half a mile, being formed of a range of perpendicular and equidistant rocks, which are from seventy to one hundred feet high." " Below Corehouse the river assumes a more tranquil character, until it reaches the small cascade of Dundaff Lin; the banks now slope more gently, sometimes covered with natural wood, and sometimes cultivated to the water's edge." "At Stonebyres, it passes through another rocky ridge, and projects itself, in three leaps, over a precipice of eighty feet in height. In its farther course, which extends about a mile and a half in the parish of Lanark, the Clyde in general flows quietly, between gently-sloping and beautifully-wooded banks. The breadth and depth of the river vary at different places; at the broadest a stone may be thrown across, and there is a spot between the Bonnington and the Corra Falls where the whole volume of its waters is so confined between THE PAEISH OF LANARK. 377 two rocks that an adventurous leaper has been known to clear it at a bound ; there are fords which children can wade across, and pools which never have been fathomed." " Nothing can surpass the variety and beauty of the prospect near the Falls of Clyde, which successively present themselves to the eye of the traveller" — in 1834 railways were not, and tourists few. " The way to the waterfalls lies, for the most part, through the beautiful grounds of Bonnington ; and, with a liberality worthy of imita- tion, the Eoss family, to whom the property belongs, allow free access on every day but the Sabbath, and at all hours, to the public, who find tasteful walks kept in the highest order, and seats, at every fine point of view, for their accommodation." "Bonnington, the upper, is perhaps the least beautiful of the Falls, owing to its smaller height, and to the bareness of the southern bank above it. Still, when seen from the point at which it first bursts upon the view, it is very imposing ; and by means of a bridge thrown across the north branch of the stream, immediately above the precipice, and points of observation happily selected, some charming coups-d'ceil have been secured to the admirers of nature." "At Corra Linn, descending by the flight of steps (a rough-like ladder), recently formed along the face of the opposite rock, the traveller (tourist, excursionist?) reaches a deep and capacious amphitheatre, where he finds him- self exactly in front, and on a level with the bottom of the Fall. The foaming waters, as they are projected in a double leap over the precipice ; the black and sweltering pool below; the magnifi- cent range of dark, perpendicular rocks, one hundred and twenty feet in height, which sweep around him on the left; the romantic banks on the opposite side; the river calmly pursuing its onward course ; and the rich garniture of wood with which the whole is dressed, combine to form a spectacle with which the most celebrated cataracts of Switzerland and Sweden will scarcely stand a comparison." " Stonebyres has great similarity in many of its features to the Corra Linn, and, in the opinion of many, it is even superior to it in beauty." The Mouse- water (52) has been before alluded to as nearly bisecting the parish of Lanark. Fullarton describes it as "a 378 THE UPPER WARD OP LANARKSHIRE. romantic streamlet, arising in the parish of Carnwath ; of brief but tortuous course, and after many a 'jouk and turn,' falling into the Clyde a little below Lanark." As to length — the Daer, Duneaton, Douglas, and Nethan excepted — the Mouse-water has a longer course than the other streams of the Upper Ward. The Mouse seems to rise on the eastern march of the parish of Carnwath, the Rotten-burn, which comes into it near the Wil- sontown Iron-works, appearing as the parent streamlet; flowing thence by Cleugh, it holds a south-west course for the Carstairs march, where, being joined by the Dippool from the east, it intersects that parish, until, at Cleghorn, it enters that of Lanark ; and, passing Cleghorn, it becomes so picturesque as to attract the tourist; its course thence, by Cartlancl Crags, being one of the most romantic in Lanarkshire. The Cartland Crags, above the Mouse, deserve a special notice ; and may be seen to most advantage northwards from the Roman bridge, near approach to the House of Lee — a view of it appears in this volume. Condensing from Fullarton, Cartland Crags are described as "a vast chasm in the sandstone rocks forming the bed of the Mouse; formed by the lower shoulder of a mountain, detached from the upper part, and extending more than three-quarters of a mile in a curved line, from south-west to north-east, with a depth of several hundred feet." "Cartland Crags are such as to furnish a remarkable test for trying the merits of the two theories which divide the geological world." Those of the igneous theory point to "a vein of trap, which traverses the strata in a direction almost perpendicular to the course of the chasm, near its centre;" showing an example of "disruption and dislocation from below." The Cartland Crags again show all the data requisite to form what is, in the aqueous theory, termed subsi- dence ; as the trap, from the smallness of its mass, seems inade- quate to the effect produced. The direction of the rent, instead of following the vein, being nearly at right angles to that course, and looks as if the tufa itself had been a part of the mountain mass before the rent took place. "The Cartland sandstone belongs to the oldest of the floetz rocks; and in the under part of the formation, it alternates with grey-wacke, and contains ^g PP n- o id > §s THE PAEISH OF LANAEK. 379 liine hi calcspar veins. The trap consists of compact greenstone, basalt, including olivin and augit, and a substance intermediate between basalt and clinkstone." Of Cartlane Crags, as the reve- rend statist of 1834 terms them, he remarks that the "traveller who visits them in summer, when the passage by the river-bed is precipitous, who will submit to the toil of an occasional scramble over rocks, will enjoy the highest gratification. At every turn of the Mouse- water a new and varying scene of rocky grandeur, a rich and varied foliage, burst in on the view." The statist of 1793 scarce refers to the attractions of the Mouse-water and Cartland Crags; domiciled in the vicinity, he may have seen little extraordinary in the attractions of the locality. Far otherwise appears to have thought Davidson, as, in his History of Lanark, he gives a special chapter to Cartlane Crags; describing access to the "chasm, frightful, yawning wide," as unsafe without a guide; where, after more climbing, by no means either arduous or dangerous, we find ourselves on the brink of a curious and romantic glen, four hundred feet high; where, through a dreadful ravine, apparently formed by some awful convulsion of nature, the river Mouse winds and struggles on its rugged way. A reef of lofty, precipitous rocks bounds it on both sides, and the mural precipices are steep, broken, and tremendously awful; the asperity of the scene is softened by vast groups of trees, which were never planted by the hand of man, concealing in many parts the fissures;" whence well down the feeders for the Mouse. Although the opposite is lower, it will be seen that where there is a projection on one side, a corresponding recess appears on the other ; and regularly so, through the whole defile, upwards of a charter of a mile. In 1827, a considerable part of the rock on the Baronald side gave way, and discovered a rich bed of ponderous spar, which had nearly dammed up the bed of the river. Castle Qua and Craig-Lockhart castle ruins, and their story, have been alluded to in preceding pages of this volume. In the ravine on the Mouse, the rocks seem pointed and irregular, rising in varied and picturesque forms; the bottom of the defile being almost choked up with masses of stone fallen from the rocks, and VOL. II. 3 A 380 THE UPPER "VTAED OF LANARKSHIRE. forming islets in the stream. The botanist who may scale the shao-oy precipices will find a numerous tribe of lichens and rock plants, as described by Lightfoot in his Flora Scotica. The Wallace Cave, of which a view appears in this volume, seems a mere rent in face of the rock, and could have given but scant shelter to the patriot-hero, whose first blow in the attempt to "set his country free" was struck in the town of Lanark; the details of which, apocryphal or otherwise, what schoolboy in Scotland but has "got all by heart!" In "persecution times," the Covenanter held conventicle in the ravine of the Mouse, and tales are rife of the incidents of that era; and in the tale of "Lights and Shadows of Scottish Life," Mouse, the Cartlane church, "hewn by God's hand out of the eternal rock," are well pourtrayed. The topography of the parish and the tourist attractions of the district having been noticed, some account of the New Lanark Mills comes next in order; and no small aid in pro- ducing such has been obtained from a biographic pamphlet on the late David Dale, got up by the late Andrew Liddell, Glasgow, and forming part of the text of the Lives of Eminent Scotsmen, first issued by Chambers and afterwards by Blackie. The copy, the succeeding notes have been taken from, was lent by a nephew of the late philanthropist, a banker in Glasgow, and the pages shown are enriched with notes in red ink by the family of the late David Dale. The site selected for erection of the cotton- mills is on the eastern banks of the Clyde, below the Linn of Dunclaff, near the Bonnington entrance to the approach for Corra Linn, south-east of Braxfield, and north-west of Core- house — the latter mansion being across the Clyde. David was the son of William Dale, merchant in the small town of Stewarton, Ayrshire, and was born January 6, 1739; receiving the education attainable at the parochial school. He was apprenticed to the weaving trade in Paisley, at that time • me of the most lucrative of occupations; but its sedentary character was so distasteful to David that he deserted his loom ; resumed it first at Hamilton and again at Cambuslang, but si ton removed to Glasgow, on being appointed clerk to a -ilk-mercer there. Subsequently, with aid of his friends, he THE PARISH OF LANAEK. 381 embarked in the linen trade, which he continued for many years, importing large quantities of French yarns from Flanders, and so profitably, that it laid the foundation of his fortunes — in the quaint language of the good old man, "it being what first put marrow in our bones." Mr Dale had been thus engaged for about twenty years, when the cotton- spinning patents of Sir Richard Arkwright were introduced into England; and that eminent inventor, visiting Glasgow in 1783, was entertained at a public dinner, given by the commercial magnates there, became acquainted with Mr Dale, and went to inspect the water-power at Lanark, with a view to erect mills for cotton-spinning. A site was selected, building operations begun, and terms made between Sir R, Ark- wright and Mr Dale for the use of the patents of the former. Mechanics were sent to England to be instructed in the nature of the machinery, and the process of the manufacture; but the validity of the Arkwright patent being challenged, and the law courts ignoring their value, Mr Dale got relieved of the patent claim, dissolved his connection with Sir R. Arkwright, and entered on the business solely on his own account. The local proprietors raised considerable opposition against the erection of mills near Lanark, in fear that the crowd of operatives might trespass on their parks, deteriorate the morals of the rural population, and increase the number of paupers. The mills were not long in operation when their fears were dispelled; the operatives proving peaceable, industrious, and the returns to their employers so large that, steam-power being yet little known, many proprietors who had waterfalls on their estates sought to improve the natural advantage; hence, Mr Dale became inte- rested in the erection of the mills at Catrine, in Ayrshire, and at Spinningdale, on north side of the Dornoch Frith. The former works have long done a large trade, the latter were soon destroyed by the natives, alleging that the crowd of workers raised the price of meal to their neighbours! In connection with the late George M'lntosh and Monsieur Papillon, Mr Dale, in 1783, established the first works in Scotland for the dyeing of cotton Turkey red; he became partner in an inkle factoiy, 382 THE UPPEK WARD OF LANARKSHIRE. in the cotton-mills at Blantyre, and, later in life, he held a large share in the Stanley cotton-mills, in Perthshire. Continuing his profitable business of importer of French yarns, he was also appointed as agent to the Royal Bank of Scotland, when, in 1783, they opened a branch in Glasgow, acting long as sole agent, but latterly having a co-agent as business increased. Thus largely embarked in trade, being managing partner in most of the concerns he held shares in, yet he carried on all with success, being noted for his commercial integrity; more- over, he gave largely, both of money and time, to schemes of benevolence; became a magistrate of Glasgow in 1791, again in 1794; and each Sabbath, and often on week-days, as the elder, preached in the Congregational church of which he was the leading member. Every duty was attended to in its own place, at its own time; he never appeared overburdened with work, and got through all with apparent ease. The mill first erected afc New Lanark, soon after it was in full operation, was accidentally burned, but was speedily recon- structed by Mr Dale, and the cotton-spinning pushed on with energy. Good as were the wages, constant the employment, and comfortable the dwellings provided for the operatives, no little trouble arose in procuring hands to fill the mills, the rural population being full of prejudice against such indoor labour ; but, such feeling prevailing less in the Highlands than in the Lowlands, eventually the greater number of the work-people were got there ; as, employment was scarce in the north, small farms were being absorbed by larger ones, and crowds were looking to emigration for relief. So difficult was it to find young people for the mills at New Lanark, which were soon four in number, that Mr Dale had recourse to the poor-houses of Glasgow and Edinburgh, from which children were obtained; hence may have arisen the schemes for moral and religious education, combined with industrial training, for which the mills at New Lanark soon gained a world-wide fame. Mr Dale married, in 1777, Miss Anne Car. Campbell, daughter of John Campbell, W.S., Edinburgh; and it is understood that through this connection came the appointment of agent in THE PARISH OF LANARK. 383 Glasgow for the Royal Bank, which added to command of capital and promoted his commercial credit. Miss Campbell was a Congregationlist, like Mr Dale, and aided him in all his schemes of benevolence. She had ten children, three of whom died in infancy, a daughter who died in 1783; Ann Caroline, who became wife of the late Robert Owen ; Mary, married to the Rev. H. Stewart; Jane Maxwell, married to her cousin, the Rev. J. Campbell; Margaret, who died in 1814 unmarried; Julia Johnstone, and Win, who died in the 7th year of his age. Mrs Dale died in 1791, and Mr Dale did not marry again. Ordinarily fortunate as were the undertakings of Mr Dale, he was otherwise in the attempt to raise coals in the lands of Barrowfield, Glasgow, being understood to have sunk =P20,000 in the running quicksand there. In 1799, having been nearly forty years in trade, and in his sixty-first year, he sought partial relief from commercial responsibilities, and becoming acquainted with Robert Owen, then a young man, but who, by his talent and persevering industry, had raised himself from very humble circumstances to be the manager of an extensive spinning-mill at Chorlton, Lancashire, he so satisfied him of the profitable returns from the New Lanark Mills, that Mr Owen organised a company of English capitalists, who purchased the property for =^66,000, and carried on the business for some years as the Chorlton Spinning Co., Mr Owen being the managing partner; and this continued until 1827, but not always with the same part- ners, earning a nett profit of about i?360,000, besides five per cent, interest paid on the capital. Soon after Mr Owen settled on the Clyde, he married the eldest daughter of Mr Dale, receiving a large dowry with her. The schemes for which the late R. Owen became afterwards rather famous were not wholly acceptable to his partners, resulting in the works being brought to the hammer in 1814, and bought in by R. Owen for <£1 12,000; his new partners being William Allan, Joseph Fox, Jeremy Bentham, John Walker, and Michael Gibb, this Quaker firm being the New Lanark Cotton Spinning Co. The new co-partners inserted in their contract the stipulation "that all profits made in the concern beyond five per cent, per 38 -t THE UPPEE WAED OF LANARKSHIRE. annum on the capital invested, shall be laid aside for the religious, intellectual, and moral improvement of the workers and of the community at large," provision being made "for the religious education of all the children of the labourers employed in the work, and that nothing should be introduced tending to disparage the Christian religion or undervalue the authority of the Holy Scriptures; that no books should be introduced into the library unless they had first been approved of at a general mectino- of the partners; that schools should be established on the best models of the British or other approved system to which the partners might agree, but no religious instruction, or lessons in religion, should be used, except the Scriptures, accord- ing to the authorised version, or extracts therefrom, without note or comment; and that the children should not be employed in the mills belonging to the partnership until they were of such an age as not to be prejudicial to their health." Mr Owen soon extended the educational plan, adding to the ordinary school instruction the higher branches of science, giving lessons in military tactics, causing the work-people to march to and from school or workshop in rank-and-file, to the sound of drum and fife — strange training in a Quaker's establishment. Adopting Socialist principles, and contributing largely to their schemes, he sadly grieved his pious partners, who sold out of the concern. Mrs Owen did not share the infidel opinions of her speculative husband, became connected with the church of which her father had been an elder, and died in 1832. In 1782 Mr Dale erected a mansion at the south-west corner of Charlotte Street, then the fashionable end of Glasgow, at a cost of ^OOO. This house and garden was acquired in 1850 by the Eye Infirmary at a cost of o£?2800. Desirous to retire from the bustle of city life, Mr Dale purchased the house and small estate of Eosebank, about four miles east of Glasgow, on the Hamilton line, and now owned by the Caledonian Eailway Company. Mr Dale was pious from his youth, having been a member of a fellowship prayer meeting when an apprentice in I'iiislcy. Mr Dale was in his twenty-fourth year when he became permanently resident in Glasgow, and was then in com- THE PAEISH OF LANARK. 385 mimion with the College Church. A question of patronage between the general session of the church and the magistrates of the city resulted in the formation of a chapel of ease, in North Albion Street, but in connection with the Established Church, Mr Dale being an original subscriber and voter for Mr Cruden, who first occupied the pulpit there. In 17G9 Mr Dale was con- joined in office with Mr Ferrier, the pastor of the Congregational Church then recently formed in G-rayfriars' Wynd, but removed in 1836 to a church in Oswald Street. So strange did it appear to the people of Glasgow that a man who had never entered the gates of a college should presume to fill a pulpit, that the rais- ing him to the office of pastor excited derision ; he was hooted, jostled on the street, and sometimes forced to seek shelter under some friendly roof. Mr Dale never appeared in print as an author, and always shunned the ostentatious display of benevo- lence, yet was his liberality great. In the famine years of 1782, 1791, 1793, and 1799, Mr Dale imported, at his own risk, large quantities of food, retailing to the poor at cost price, so that the "poor in Glasgow used to say, 'David Dale gives his money by shovelsful, but God Almighty shovels it back again.' ' Of William Campbell of Tilliechewan, so recently dead, the poor — the church — he was a pillar of, and all the advocates of philan- thropic objects, might well say the same thing. When the British and Foreign Bible Society was formed in 1801, David Dale became agent and treasurer for Glasgow. In person Mr Dale was short and stout, cheerful of tempera- ment, easy of access, lively, communicative, and in company of his friends free from all formal restraint. He sung well — the " Flowers of the Forest" in particular, with such feeling as to draw tears from his auditors. He could make a joke, and take a joke, even at his own cost. For some months before February, 1806, it was seen that his health and strength were failing; he was confined to bed in beginning of March, died on the 17th of that month, at Charlotte Street, in the 68th year of his age, and was interred in St David's burying-ground, then the Eam's-horn church ; the place marked on a hewn stone as " the burying- ground of David Dale, merchant, Glasgow, 1780." 380 THE UPPER WARD OF LANARKSHIRE. In the History of the County of Bute, recently published, by J. E. Reid, a woodcut is given of what is claimed as the first cotton-mill in Scotland, and in the text an account is given of its having been an old flax-mill altered for that purpose, and this in 1780. In the Statistical Account of Scotland for 1793, an elaborate history is given of the erection of the cotton-mills at New Lanark; from the first, as they still are, buildings of great size, excellent construction, and to which the Bute mill was but as a hovel — to a house or mansion. The Arkwright patent had made much noise in the Upper Ward, the natives of the Douglas strath having even essayed to erect their cotton-house, ■which was an abortion from the first. Nor was it cotton-mills alone that the philanthropists of that day dreamed of; they had ;ilso the magnificent idea of connecting the eastern and western IVit hs by a canal, through Douglasdale, for Ayr; all these visions arc being realised by the locomotive and the iron railway, the distance from Douglas to Muirkirk being but short, the mine- rals rich, when from Ayr to Leith may be run in a few hours — sa\ ing of time being largely esteemed now. Although the valuation roll figures for the burgh of Lanark are not reproduced in this Work, as of all the other parishes in the Ward, the old town of the shire, the chief town of the Upper Ward, should have fair and full notice. Of its antiquarian history, and importance in Scotland of old, report is made in pages preceding these; what the town now is, and of late has been, alone lies within scope of the present writer. " The town of Lanark," wrote Lockhart of Baronald in 1703, "is delightfully situated upon the slope of a rising ground, two hundred and ninety-two feet above the level of the Clyde. There are in it five principal streets, besides lanes and closes. The houses formerly were, almost all of them, covered with turf and straw, and tin; roofs without ceilings. Since the erection of the cotton-works, many houses have been covered with slate, and ceilings are now pretty general in use. In short, the town h.i -■, within these two or three years, put on a decent appearance. There is a very good meal market; and within these two years a neat market for butcher-meat has been erected. The church THE PARISH OF LANARK. 3S7 stands in the middle of the town ; is a tolerable neat modern building, but no great compliment can be paid to its steeple. The church, though large, is rather inadequate to the increasing number of the inhabitants, which in part gave rise to the build- ing of a Seceding meeting-house within these two or three years. The Seceders lure are a very orderly set of members. The grammar-school lure has always been in great repute: and many gentlemen at the head of the learned professions have had their education at it. The school has two established teachers: the rector's salary is £16 13s 4d, the second master"s i.'S. There is a considerable manufacture of stockings here — between 7-5 and SO frames being at work; the workmen's wages averaging 10s a week About twenty years ago. there were but rive or six frames in town. Previous to the American war. a very great- quantity of shoes were manufactured for exportation, but the demand has considerably decreased." In 178-i. Mr Dale fened the site of the New Lanark Mills from the Lord Justice-Clerk. Macqueen of Braxfield. with some few acres o( ground adjoining: the land being then a mere morass, situated in a hollow den. and of difficult access, the value of the site lay in the vast command of water-power. The first mill was begun in April. 1785, a tunnel of nearly one hundred yards in length being formed to lead the water from above the Linn of Dundaff; in 17SS a second mill was built, and nearly roofed in. when, on October 9, the mill first erected was burned, but rebuilt and again in operation in 17S0: and two mills have been since then erected, the first and second 1 54 feet long. '27 broad. 60 high: the third. 130 3 3Q, and GO: and the fourth. 156, 33. and 70 feet in length, width, and height. In the third mill, patent jennies are going by water-power, being the first of the kind in Great Britain, and the patent got by W. Kelly of Xew Lanark. In the fourth mill, in 1793, a flat was set apart I - . boarding-house for 275 children, who had no parents in Lanark, and got their maintenance, education, and clothing for their work : and the extraordinary fact is noted, that, from 17S5 to 1792, 80 children were, on the average of years, so kept and employed, and rive only had died within the seven years. The vol.. ii. 3 b 388 THE UPPEK WAED OF LANAEKSHIEE. work is from 6 a.m. to 7 p.m., half-an-hour to breakfast, an hour to dinner, and school till about 9 p.m.; and great attention is paid to the morals of all employed at the mills. New Lanark was entirely built by Mr Dale for the accommo- dation of his work-people, who were 1519 in number in 1793; by census of 1861 they were 1396 — males 492, females 904. A great proportion of the families being from the Highlands, a desire was felt to provide religious services in the Gaelic language; but the attempt was unsuccessful. A piece of ground, near the village, has been enclosed for a burying-place. The statist of 1793 reports of his neighbours, that they are in general industrious, though not remarkably so; that they are generous, hospitable, fond of strangers — which sometimes in- duces them to make free with the bottle, but drunkenness, among the better class of inhabitants, is of late rather unusual ; upon the whole, they are decent and orderly people; and crimes are seldomer committed here than in any other parish of equal population — W. Lockhart knowing of no native who has ever been tried for a capital crime. The poor's funds have been care- fully and attentively cared for, perhaps more so (in 1793) than was absolutely necessary. The poor on the roll for 1793 amount to 45 for the burgh, and for the landward part of the parish 11 = 56 in all. The registered poor were lately 209, the expenditure in 1861 £1166 6s lOd, and raised by an assessment of 6d each pound on proprietors and tenants; the recent valua- tion of the burgh being ^9344 10s, and for landward parish <£ J 14,185 18s. The statist of 1793 reports that the inhabitants of his parish were somewhat above the middle size, strongly built, of hale complexion ; and the dialect of the Upper Ward, as to pronunciation, same as in Edinburgh, and different from that spoken in the Middle and Lower Wards. In 1793, the Scotch plough, drawn by three or four horses; the common harrow, of four balls and twenty iron teeth ; the roller, and single-horse carts, were the instruments of husbandry in use at Lanark. In 1864, all is changed for the better; there being no district in Clydesdale where improvements in agri- culture have been more attended to; and the parish enjoying THE PAETSH OF LANARK. 389 such advantages of railway connection, may be expected to keep abreast with the progress of the age. Even in 1828, the his- torian of Lanark informs us " that moors and mosses are sub- dued, and rendered fertile by human industry, and plantations and enclosures are springing up; the lands being, in general, under the most perfect system of agriculture." " The situation is peculiarly healthy, and has been esteemed the Montpelier of Scotland." There are many such claims put forward in North Britain; as Rothesay, in the island of Bute, for example. Davidson reports that Lanark was long looked upon as a finished place, until, in 1823, Dr Shirley introduced a style of building previously unknown there; with such effect that other proprietors began to dilapidate their time-worn and hovel-looking mansions, and to rear edifices, which now display an air of elegance "seldom to be met with in country towns." Still there is great lack of uniformity — " here, one building pro- trudes, there, another retires from view; and, at every little interval, a gable rears its pyramidal head, as if in despite of all the rules of taste and order." Since 1828 the town of Lanark has largely improved in appearance, and, year by year, is becom- ing more like the capital of the Upper Ward — the county town of the important shire of Lanark. The county buildings are spacious, of recent erection, and have the jail near them, which differs not a little from the place of "durance vile" as described in 1828, "as in the very centre of the town, it has become a public nuisance, as well as an ill-aired and unwholesome domicile for its hapless inmates; and is by no means a place of security." The reverend statist of 1834 reports of the jail — "that it was in such condition, that none need stay in it but of their own good will." The foundation-stone of county buildings and prison for the Upper Ward was laid on 21st March, 1834. In a town so frequented by the tourist, and so influential as to district position, there are many houses for accommodation, some of them hotels in the best sense of the word, the Clydes- dale, for example; others, inns of the most comfortable kind, with public-houses — many, and temperance houses, a few. A short way from the railway station — a temporary one — the 390 THE UPPEE WAED OF LANAEKSHIEE. Roman Catholics have recently raised a church of cathedral-like dimensions, finely situate, lavishly adorned within, and erected at a cost more than enough to supply comfortable parish churches for the entire Upper Ward — and, in not a few places, new ones are sadly wanted. Farther to the south-west, are the ruins of the ancient church of the parish, placed on a ridge of ground above the highway, and in a graveyard of more than ordinary extent, but indifferently walled in. Eastwards are the militia barracks, large, recently erected, and strongly enclosed. Onward is the race-ground, the course a mile in circumference, almost a dead level, one of the best in Scotland ; and having the advantage of the large extent of moor, or open ground near it, on which the yeomanry of the county are manoeuvred, and the militia, or the volunteers, exhibit their martial evolutions. Of the 10,000 men who, by an order in Council dated Sept. 13, 1854, formed the force to be raised in North Britain, the shire of Lanark is expected to contribute 1911, making two regiments; the First Royal Lanark, having their head-quarters at Hamilton, and Second Royal Lanark, being mustered at the burgh of Lanark ; the Lieutenant-Colonel commanding being D. C. Buchanan of Druinpeller. Few of the officers have position in the shire, and the men are recruited from those who are significantly known as the lower ranks of society. The volunteer force is of a different character, the men being generally of the artizan class, and their officers the elite of the society the company may be raised among. The Biggar company of volunteers is an efficient one, as was noticed in the topographic pages on that district, and the Captain is W. Ballantyne of Rose Villa ; the Lieutenant, D. Lockhart, bookseller. In the volunteer lists given in the Glasgow Directory for 1863-4, the names and addresses of the officers of the 3d Administrative Battalion Lanarkshire Rifle Volunteers are reported, the Major being J. T. Brown of Auchlochan, Lesmahagow; Captains — T. Matthews, bauker, Carluke; Thos. R, Scott, Castlemains, Douglas; H. Mossman, jun., Lesmahagow; Lieutenants — J. Gillespie, Gate- side, Douglas; J. B. Greenshields, yr. of Kerse, Lesmahagow; J. Brown, jun., Orchard, Carluke; and John Annan, writer, THE PAKISH OF LANAEK. 391 Lanark; Ensigns — A. D. Scott, banker, Douglas; J. Kerr, Auchenheath, Lesmahagow; J. Forrest, Carluke; Surgeon — A. M. Adams, M.D., Lanark. Strength of battalion — staff, 4 officers ; 37th Company, Lesmahagow, officers 3, men 90; 55th, Lanark, officers 2, men 64; 62d, Biggar, officers 3, men 63; 73d, Carluke, officers 3, men 53; 94th, Douglas, officers 3, men 79. The yeomanry corps, although last noticed, may be the more important, in so far as the men who fill the ranks usually ride their own horses, and are the tenant farmers of the district, ordinarily the flower of the class, young men sought after as worthy of military instruction, and their officers drawn from the landocracy of the shire. Ayrshire, East-Lothian, and Lanark- shire each raise a regiment of yeomanry; Glasgow, and the Lower Ward of Lanarkshire, boast of the Queen's Own Eoyal Eegiment; and the Royal Mid-Lothian is the other corps in Scotland. The appointment of Lieut.-Col. Commandant is vacant, the late Duke of Hamilton having last, and worthily filled that post; Major, A. Gerard of Rochsoles; Surgeon, Robt. Logan. Carnwath Troop — Captain, Geo. Vere Irving of Newton; Lieutenant, W. A. Wod- drop of Garvald; Cornet, J. Paterson of Cormacoup. Douglas Troop — Captain, J. G. Chancellor of Shieldhill; Lieutenant, J. H. Montgomery; Cornet, J. Murray of Heaviside. Lesmahagow Troop — Captain, H. F. M'Lean of Carnwath; Lieutenant, W. D. Collyer of Cormiston-Towers ; Cornet, A. N. Stein, Kirkfield. Airdrie Troop, not being in the Upper Ward, comes not within scope of these pages. Of the four troops, there were 15 officers and 264 men. The writer of these pages desired to have had a copy of the roll of the Upper Ward troops, as being in possession of the valuation roll for 1858-9, he would have found little trouble in localising most men in the ranks, and, in a few pages of figures, shown the status of the yeomen; the information would have been curious and suggestive — but military delicacy baulked his desire; as some troops overflow, others are at a compara- tively low ebb; the odds mainly lying in the repute of the officers, as, though all are gentlemen, some are more affable to those serving under them. The turn-out of the troops of yeomen for their annual inspection, usually followed by races, 392 THE UPPEK WAKD OF LANAKKSHIEE. is instructive; certain districts having their men well mounted, the steeds of others more like the cart than the saddle. As the county town, Lanark has a fair array of the men of law on the local roll, and society is such that the means of education are excellent. The church is also well represented, as besides that of the parish, there is the quoad sacra charge of St Leonard's. There is a Free Church; one U.P. in Broomgate, another in Hope Street; a Congregationalist body; a Scottish Episcopalian Chapel; a Roman Catholic Church; and at New Lanark an Old Scotch In- dependent body. Physicians three, surgeons two; Court procura- tors eight, with one each at Biggar and Lesmahagow, notaries two. Banks — the City of Glasgow, Commercial, and Royal; gas com- panies two; insurance agents twenty-nine; investment societies three; one co-operative society — 100 members; funeral societiess^ —members, 670, 350, 280, 231, 218, 201, total 1950. Masonic societies two; — clubs for bowling, curling, golfing, and racing. Libraries, one circulating, one subscription in the burgh ; at New Lanark, a library of 1479 volumes — museum attached. Savings banks two. Clydesdale Upper Ward Society, of which original constitution, rules, etc., will be found in Appendix Volume of this Work; Upper Ward Agricultural Society, Horticultural Society, Ornithological Society, a fever hospital, Deaf and Dumb Auxiliary Society, Ragged School, Catholic Orphanage, Ladies' Benevolent Society, Benevolent Society, Bible Society, New Lanark Sick Society, Young Men's Christian Association, Religi- ous Tract Society, etc., show that there are few philanthropic schemes which the good folks of the burgh of Lanark do not profess to take interest in. The funds at disposal of the magi- strates are of considerable amount; in addition, there is the Jamieson bursary of =£21 per annum for a student in University of Edinburgh for four years — the Wilson Free School, for educa- tion of not less than 25 boys and 25 girls, with interest of =£800 life annuities for the aged, the interest of the Howieson mortifica- tion of =£600 for the industrious poor, and the Batteisman, Thom- son, Hyndford, and Mauldslie monies, left to aid scholars at the Academy, and the "het jrint" provision. A. M. CAKLUKE PARISH Is of considerable extent, being twice the size of that of Biggar, but only half the area of that of Carnwath. From the Auchter- water to Corbin-shaw, it rims south-west by Carstairs ; at Collie- law that of Lanark is reached; thence south from Greenbank to Birkenhead, north-west by Howgill to Leemuir; south-west for Auchenglen; north-west for the Clyde, separating it from Lesmahagow, until, at Sandyholm, the parish of Dalserf comes in; the march line is thence by Garrion-gill, which divides Carluke from Cambusnethan on the north and east. Ordnance Survey recapitulation figures give the area of Carluke parish as— land, 15002-450; roads, 208-616; villages, 87"086; water, 65-196; railways, 46 793; total, 15410 141. An analysis and summation of the 2564 area measurements show of marsh and moss, 257'565 acres; meadow, 71 '579; arable, 10312-215; moorland, 296-399; pasture, heathy and rough, 2386-326; grass parks, 253-032; wood, 768 -494; garden and orchards, 131-507; natural wood, 106350; the Clyde, 43-080; burns, the Garrion (59) chiefly, 11-116; roads — parish 153, toll 36 \, occupation 43, tramway 47; ornamental 27 acres, etc.; coal-pits, 13 acres; ironstone, 46|; limestone, 19|; quarry, 27; waste, 40 acres, etc.; — items descriptive of the locality. The hills in the parish are few, and their elevation moderate; two heights, 1029 and 1023, appear a short way south or south- west of Blackhill, but not named, either on Forrest's map or Sur- vey sheet; Kilcadzow, King's, Lee, and Mauldslie laws or hills, are in the district, but not high. The highway from Carlisle for Stirling intersects the parish, as does the main line of the Cale- donian Railway, with numerous branches to the mineral work- ings in the parish. The population (181-189), which was 1479, 394 THE UPPER WARD OF LANARKSHIRE. by census of 1755, is reported as 6176, by that of 1861 — the increase being greater than that of any other parish in the Ward, and the reason obvious, as the mineral wealth, in coal, iron, lime, and stone, has been well developed. The reverend statist of 1792 gives no estimate of the rental of the parish; but in 1858-9 it was ,£20,930; 1863-4 £23,260, with £6459 for railways, 1862-3. The present incumbent of Carluke, in his excellent paper of 1839 in the New Stat. Account, at page 579, reports the valued rent of his parish, which is reproduced here, showing the respective holdings gene- rally in juxtaposition, as given in roll for 1858-9: — 1839. Lockhart of Lee, £725 5 Lockhart of Milton-Lockhart, . 580 6 Douglas, Lord, of Belstane, . . 551 10 Anstruther, Sir W. C, . . . 500 Cochrane, A. Baillie, of Hyndshaw, 470 Nisbet, Archd., of Mauldslie, . 414 14 10 Shotts Iron Co., Whiteshaw, . 380 Steel, Samuel, of Waygateshaw, 325 14 Brown, J., of Orchard & Lainshaw, 303 6 Hamilton, John, of Kirkton, Harvey, James, of Brownlie, Stevenson, Nath., of Braidvvood Gillhart, James, of Gillfoot, . Mashock Mill, Proprietors of, Bell, James, of Westerhouse, Robertson, Colonel, of Hallcraig, Wilson, James, of Kilcadzow, Macdonald, A., Springfield, . 300 134 2 109 4 9515 82 6613 60 55 51 Heritors, 36 of inferior valuation, 795 7 8 1858-9. £1326 13 ...1486 14 ...738 ...471 9 ...1086 ...589 12 ..1689 5 ...699 4 .. 848 10 ... 552 10 ...244 ...489 19 ...314 10 ...1098 13 ...193 ... 265 11 ...245 6 ...275 ...738 6 ...5642 6 Lee Estate. Milton. Douglas. Carmichael. Lamington. Hozier, J. Shotts Co. Steel. Orchard. Fairholm. Brownlie. Braidwood. Gillfoot. Coltness Co. Westerhouse. Hallcraig. Kilcadzow. Pearson. M'Kirdy. 136 Proprietors. Few changes appear to have occurred in the larger holdings ; the increase in number and value of the minor ones has been great; and the comparison well illustrates the material pros- perity of the district within the last twenty-five years. A. M. THE PARISH OF CAELUKE. 395 NAME. Eglismalesoch, Eglismalescok, Carneluk, Carluik, Carlouk, Carluke, Forest Kirk. We have here three distinct and separate names, the first being the designation of the church in the fourteenth century; the second, that which it obtained in the succeeding one ; and the third, which, however, is never found in any legal docu- ment, a merely popular appellation derived from a large portion of the parish being included in the royal forest of Mauldeslie. Chalmers derives the early name from the Celtic: Eglwys, a church; Moel, bald shaved, in a secondary sense a saint; and Luac, Luke ; and explains it as the church of St Luke. To sus- tain this hypothesis, he is obliged to read the word Eglismaluak, for which there is no authority whatever, the two forms given above being the only ones in which it appears, and in them the termination can in no way be supposed to refer to St Luke, who we have no reason to suppose was the patron saint of this church, while there is strong evidence that it was dedicated to St Andrew. The name is certainly of Celtic origin, but its signification is merely matter of conjecture, more especially as it seems to have reached us in a corrupted form; the most pro- bable conjecture being that Malesoch, or something similar, was the name of the original founder of the church. Chalmers is, however, correct in stating that in the fourteenth century, when the church itself retained the older designation, its subsequent one was applied to a place in the vicinity, as we find the royal mill of Carneluk mentioned in charters which are contempora- neous with others in which the church is described as that of Eglismalesoch. The only clue we possess to the site of this locality is the hill which is still known as Carluke Law. This name superseded the earlier one of the church in the fifteenth century, most probably in consequence of the sacred edifice being- rebuilt on a new site. Chalmers explains it as the cairn of St Luke, but we certainly have great doubts of the correctness of the derivation. It is most extremely rare, if ever, that we find these ancient lithic monuments associated with the names of Christian saints. Several explanations, more or less con- vol. ii. 3 c 396 THE UPPER WARD OF LANARKSHIRE. jectural, might be advanced from the Celtic language. Thus, in the old Welsh dialect, "Luck," pronounced Luk, appears to have been synonymous with Gweddi, "prayer." Carneluk might, therefore, signify "The Cairn of the Prayer." It is, however, impossible to speak with any confidence as to the etymology of these old names, from the undoubted fact, of which many instances have been lately brought forward by Sir Gardiner Wilkinson, that the Saxons altered the ancient British names, and even their separate syllables, into others of analogous sound in their own language. HISTORY. Ecclesiastical Affairs. — Although the church of Eglismalesok cannot be traced in the list of those belonging to Glasgow con- tained in the well-known retour of the inquisition appointed by David I, there can be no doubt that in the thirteenth century it was in the possession of the bishop and chapter of that cathe- dral, who in 1321 conveyed the same to the abbey of Kelso, at the request of Robert the Bruce. On the Sunday in the festival of St Benedict (21st March) in that year, Sabbato in festo trans- lations Set Benedictis abbatis, William Lindsay, John Wys- chard, prebends, de prebenda, and Hugo de Inverpesir, their fellow -canon, concanonici sui, wrote from Scone to Walter Rule, precentor of Glasgow, Robert Stannapet, canon, John Wyschard, arch-deacon of Glasgow and Thevidale, and the arch- deacon of Galloway, stating that, at the instance of the King, they had, as far as in them lay, granted this benefice to the abbot and convent of Kelso, for their proper use, provided their correspondents assented thereto, and begging them, on applica- tion being made, to order a deed to this effect to be granted, under the usual seal. In p>roprios usus dumtamen vos assen- sum prebueritis. Idcirco cum venerit ad vos vel aliqui ex sud parte concedatis eis factum super hoc cum communi sigillo quale aliis in simili casu concessum est {Reg. Glas., 228, 268). In furtherance of the same object, John, Bishop of Glasgow, granted a charter, by which, after stating that, as all must appear before the tribunal of Christ, to receive good or evil, as THE PAEISH OF CAKLUKE. 397 they have acted in this life, it behoved him, at the close of his mission, die missionis extreme, to perform some good work, and relating that the monastery of St Mary of Calchou, of the order of St Benedict, situated on the borders of Scotland and England, had always shown hospitality to all comers and assisted them, but had become impoverished by hostile incursions and the long- continued wars between the kingdoms, he, for the souls' weal of King Robert, his ancestors, and successors, granted to the said monastery the church of Eglismalesok, in the vale of Clyde, with its lands, teinds, dues, and pertinents. He, however, reserved the rights of Nigel Cunninghame, his chaplain, who was then the rector, and stipulated that the collation of all future vicars should belong to him and his successors, and that the vicar should have a portion of 20 merks a-year, and all the ordinary and extraordinary dues of the church, for his sustentation {Lib. de Cal, 366, 477). Lastly, the King confirmed this grant to the abbey of Kelso by a charter under the Great Seal {Robert- sons Index, 3, 32). John Heriot, vicar of Carluke, was, in 1485, witness to the taking of a sasine {Lib. Coll., N. D. in Glasgow, 198). The abbot and convent of Kelso naturally attached the revenues they drew from the parish of Carluke to their Lanark- shire cell of Lesmahago. In the account of the chamberlain of that priory for the year 1556, we find the rents and tithes, fer- mas et decimas, of Carluke stated at £66 6s 8d, but there appears to be a slight error in this, as it is mentioned in the records of the abbey, that in the same year James Hopringle of Tyntis paid to the abbot, for three years' malis of the kirk of Carluke, £200 {Lib. de Cal., 477, 484). In the rental of the convent for the year 1567 we find, among "the kirks and teinds set for money," the following entries: "Item, Carlouk, £66 13s 4d; the kirk-lands, £i 0s 0d;" and among the vicarages, Car- luke, £9 6s 8d {Ibid, 493, 494). At the Reformation the benefice of Carluke passed, along with the others connected with the abbey of Kelso, to the successive commendators, until the possessions of the monas- tery were erected into a temporal lordship, and granted to the 398 THE UPPER WARD OF LANARKSHIRE. Earl of Roxburgh (see Lesmahago, ante, II., 172). The teinds of this parish were, however, let, soon after the Reforma- tion, to the Maxwells of Calderwoocl. In 1606 Edward Max- well, younger thereof, obtained a Parliamentary ratification of a tack, "maid and set by Francis, sometime Earl of Bothwell, then (1586) commendator, to him in liferent, and to his heirs for the space of nineteen years after his death;" and also of the letter of "tak contenand an express ratification of the former tak, maid and set be umquhile Johne, Lord Thirlistane, commendator of Kelso for the tyme, to the said Edward Maxwell, and his foir- saidis, for the space above written, and siclike, the third letter of tak ratefeand and apprevand the twa former letteris of tackis, sett and maid be William, now commendator of Kelso, with consent of Andro Ker of Romanno Grange, his Iconymus" (Act Pari, IV., 314). In 1617 the Earl of Roxburgh extended this lease to two additional lives, and two terms of nineteen years thereafter. In 1637 the Maxwells of Calderwood sold to the heritors the right to their respective teinds during the currency of their lease (New Stat. Account, 583). Chalmers, Wishaw, and other authors have supposed that the patronage of this church was in the abbey of Kelso, and that it was retained by the Crown when creating the temporal lordship of Kelso in favour of the Earl of Roxburgh. It may have been mentioned in that charter, for the purpose of securing more distinctly the rights of the Crown, but there can be no doubt, from the terms of the charters above quoted, that the advowson of the vicarage or more immediate cure never belonged to the monastery of Kelso, but was retained by the see of Glasgow, from which it, at the Reformation, passed directly to the Crown. Sir William Lockhart of Lee had, in 1647, a Crown charter, granting him the patronage of this church, as well as that of Lanark. His title to the latter was, as we have already seen (see Lanark, ante, II, 268), successfully challenged by the Crown, but his repre- sentatives still continue to present to the church of Carluke, under a protest from the officers of State (see also Pres. Rec, 9th September, 164,7). From the "Book of Ministers" (p. 32) we learn that John THE PAEISH OF CAELUKE. 399 Dobbye was reader in Forest Kirk, with a salary of i?20, at Beltane, 1568; and from a marginal note appended, that he was "deposit sen November, 1571;" that in 1573 David Forrest was "reidure at Carlouk," with a stipend of £16, paid by the tacks- man of the teinds and the kirkland, and that he continued to hold the same office and emoluments in 1576 (p. 34; App., p. 83). The parish is in this latter entry described as "Forest Kirk," alias "Carlouk." We find from the records of the Presbytery of Lanark, that Mr John Lindesay was minister of Carluke in September, 1024. He was a staunch adherent of the Episcopal party; and Baillie informs us, in his letters, that on his refusal to preach before the Synod, on the last Thursday of September, 1637, Mr Lind- say was ordered by the bishop to do so, and by a moderate and temperate discourse, prevented a repetition of the unseemly riot which had occurred on the previous day. In Stevenson's " History of Church and State," it is stated that, being drowned in debt, he had to leave his parish and seek refuge in Ire- land. What truth there is in this assertion may be judged by the following extracts from the minutes of the Presbytery of Lanark: "February 8th, 1638. In the mean tyme our Pres- byterie" was hitherto inferior to many others in this diligence (i.e., in presenting to the Lords of the Council), and that through default of Mr John Lindesay, present moderator; ffor both the said Mr Johne refused to supplicat against the (ser- vice) bookes himself, being divers tymes required thereto by the brether; as also because of the said Mr John his dis- orderlie steping into that office of moderation, for the bishope, by a missive-letter, had not long before extruded Mr Thomas Campbell, chosen by the Presbyterie, and allowed also for many years by the bishope, without the pretending of anie fault, and ordained Mr John Lindsay moderator, quhairupon oure meeting wer verie rare and unfrequent, the wonted union amongst us broken off, and our Presbyterie in a manner seemed to be deserted." "Upon the consideration of these things, the brether did this day meit more frequently to take some course how things might 400 THE UPPER WARD OP LANARKSHIRE. be redressed, the present exigence being so great that we could no longer be deficient. "Quherupon, first, in a most calme and loving manner, the brether requyres of the said Mr John Lindsay that he wald concure and run course with his brether in subscryveing those supplications and in election of commissioners to wait on at Edinburgh in name of our Presbyterie, which the said Mr Johne did altogether refuse. "Next the brether requyres that, since he wald be pleased no way to concure with us in so weightie a matter, he wald be con- tent willinglie to lay doune his office, for a tyme at least, that the brether might take an orderlie course for choysing commis- sioners, which the said Mr John did also refuise. Quherupon the brether tells him that, in regard of his intractable obstinacie, they will make choyce of their owin moderator without him, and acknowledge him no more. Efter this, the said Mr Johne, closing his dyet, removes himself out of the Presbyterie seat, all the present brether continuing behind, except Mr Robert Hamil- tone and Mr Robert Nairne, with ane or two more, who followed him. "The brether, then considering Mr Johne's disorderlie entrie to the moderation, that his ordinar carriage since his entrie hes given no satisfaction to the myndes of the brether, and now his unbrotherlie wilfulness in so grave and weightie an occasion, findes it both expedient and necessarie to use their libertie in making a free choyse of a moderator. " 25th September, 1638. The quhilk day, the brether having duly considered all the premisses, and examined the whole pro- cesse deduced against Mr John Lindsay, minister at Carlowke, by this present act declares the said Mr John to be justly deprived from the exercise of the ministerie within the Kirk of Scotland, and, consequently, the kirk of Carlowke to be now vacant and voyd." In consequence of Mr Lindsay's deposition, there was no attendance of either minister or elder from this parish at the great meeting of the Presbytery on the 18th July, 1639. There was some difficulty in filling up the benefices which, THE PARISH OF CARLUKE. 401 like that of Carluke, were declared vacant at this time, as on the 9th January, 1640, we find this record in the books of the Presbytery: "As for the plantation of our vacant kirks, the brethren, considering, and seriously taken to hart, that the times are likely to be very dangerous, the peace of our Kirk not like to be concluded as was expected at the late General Assembly, and that there is within the boundes a great number of men of nott who befoir hes proven disaffected to the cause of reformation in hand, and hes great need of a sound and zealous ministrie for their information; theirfore, ordaines an act to be drawn upe, that no preacher who has bot latelie joyned himself to our Cove- nant, and hes not given full evidence of his sincere affection theirto, sail gett entrie in thir tymes to any of our vacant kirkes; and heirfoir the brether desyres Mr Alexander Forbess, who has been permitted to preach some dayis in the kirk of Carlowk at the desyre of the people, being destitut, that he wald be pleased to withdraw himselff, and abstein from further preaching there; that the Presbyterie will take some other course for their supplie till the kirk be planted." On the 13th of August following, Mr William Somervell reported to the Presbytery that he went to the kirk of Carluke, and admitted Mr Weir minister, as he was ordained. The following entry occurs in the minutes of the 4th January, 1644: "The quhilk day, the brethren (all present) being required, declares upon their conscience and knowledg that they have none of the colledg books of Glasgow, [except] the mode- rator, Mr John Weir, who acknowledges some of them." We learn from Guthrie that, in the summer of this year, he was sent to Ireland to procure adherents to the solemn League and Covenant. In 1645 he and others of the Presbyterie joined the forces opposed to Montrose; and on the 2d of October, "being enquyred anent their carriage in the tynie of tryell," reported to their brethren that they retired immedi- ately after Killsythe to Berwick, and did not return till after Philiphauch. After his return he and his elders proceeded to take a strict account of all who had in any way assisted the royal cause or had any "traflfiquing with ye enemies," and con- demned several to "publict repentance." The latter accusation 402 THE UPPER WAED OP LANARKSHIRE. amounted in most instances to no more than merely obtaining a protection from the King's general. Thus, Helen Allan was rebuked because she had "receaved a protection, but procured it not." The purchase of plundered goods, the "keeping com- mittees as a committee-man," the sending "propynes," and being a "soulder," were considered heinous crimes {New Stat. Account, 576). On the 7th May, 1646, he was appointed one of a com- mittee of the Presbytery to draw up particular informations of the carriage of such malignants as are referred to the Commis- sioners of Assemblie. Mr Weir appears to have died about the year 1649-50, and was succeeded by Mr William Jacke, whose name first appears in the Presbytery minutes on the 21st March of the latter of these years. Mr Jack was one of the committee of Presbytery appointed on 21st August, 1651, to revise and make up their records, as they had been for a short time divided into two bodies, one of which adhered to and the other dissented from certain acts of the General Assemblie. He was expelled from his benefice in 1663 (Wodrow, I., 326), and died at Lanark in 1669. According to the New Statistical Account, Mr Birnie was ap- pointed curate in 1663. This date, however, is certainly prema- ture, as although there is no record of his induction preserved, it must have been subsequent to the 12th May, 1664, on which day the Presbyterie of Lanark met, being the first meeting after the re-establishment of the Episcopal order. The roll of the sederunt is a full one, including the names of the absent members, and among these there is that of Mr Robert Birnie of Lanark, but no other of that surname appears either in this or in any of the subsequent minutes of the Presbytery. It is, moreover, not improbable that Mr Birnie of Lanark had temporary charge of Carluke also, in consequence of which his name would appear in the session books. The parishioners of Carluke appear to have shown considerable hostility to the Episcopal form of church government revived at the Restoration, as we find Archbishop Leighton taking steps with a view of mitigating this feeling. On the 17th September, 1660, he writes: "The Lords of the Council having appointed some ministers from other parts to THE PAEISH OF CAELUKE. 403 preach in such churches within the diocese of Glasgow as do most need their help, I desire Mr James Aircl of Torry to bestow his pains, especially in the kirk of Carluke, for bring- ing the people to frequent the public ordinances, removing their prejudices, and cooling their passions." Two of the indulged clergymen, Mr Peter Kid and Mr Alexander Levingstoun, who had been ejected from Douglas and Biggar respectively, were sent to Carluke in 1672. The former of these gentlemen having, however, infringed the con- ditions of the indulgence, he and eight other clergymen, in the same predicament, were summoned before the Privy Council at Glasgow on the 8th October, 1684, when they con- fessed their having broken several of their instructions, their neglecting to observe the 29th of May, the day of the King's restoration, and that they had not read the proclamation enjoin- ing the thanksgiving for the preservation of His Majesty and the Duke of York from the Rye House Plot, which in the record is styled "the late fanatical conspiracy." Whereupon the Lords declared "their indulgence at an end, and the same to be null and void, and discharged them to exercise any part of the minis- terial function within the kingdom, and committed them to the Tolbooth of Glasgow until they find caution, each of them under the penalty of 5000 merks, to depart out of His Majesty's three kingdoms, and not to return without the allowance of the King or Council." On the following day an order was issued to transfer them to Edinburgh under an escort of dragoons. They were, however, liberated on the 10th, on their finding security to enter themselves prisoners in the Tolbooth of Edinburgh on the 15th. This engagement they fulfilled, and were then offered their liberty on the condition that they came under an obligation not to preach without the license of the Government. The majority accepted this offer, but Mr Kid declined doing so, and in consequence of his refusal was sent to the Bass, where he was confined till the 21st of September, 1686, when he was libe- rated on account of the failure of his health (Minutes and War- rants of Privy Council). He returned to Carluke, where he died. The following inscription was placed on his tombstone VOL. II. 3 D 404 THE UPPER WARD OF LANARKSHIRE. in the churchyard, but is now illegible (Neiv Stat. Account, 585):— "A faithful, holy pastor here lies hid, One of a thousand, Mr Peter Kid; Firm as a stone, but of a heart contrite, A wrestling, praying, weeping Israelite ; A powerful preacher, far from ostentation ; A son of thunder and of consolation ! His face, his speech, and humble walk might tell, That he was in the Mount and Peniel. He was in Patmos ; and did far surpass In fixed steadfastness the rocky Bass. His love to Christ made his life to be spent In feeding flocks and kids beside his tent. His frail flesh could not equal paces keep "With his more willing spirit, but fell asleep ; His soul's in heaven, where it was much before, His flesh rests here in hopes of future glore. Passenger! ere thou go, sigh, weep, and pray: Help, Lord! because the godly do delay." Mr James Chein was admitted minister of Carluke on the 11th December, 1684, and held the benefice till the Revolution, when he was expelled. A robbery of the curate of Carluke was mentioned at the meeting of the Covenanters held at Douglas in 1689 (Faithful Contending s, 368). On the establishment of the Presbyterian polity, Mr John Oliphant became minister of this parish. He was translated to that of Carstairs in 1694, and was succeeded by Mr John Scott, who was inducted to Carluke on the 15th of June in that year. He was an eminent preacher, and was in 1713 transferred to the outer High Church of Glasgow. Mr James Dick then became minister of Carluke, and in 1720 was appointed, by the Crown, Professor of Ecclesi- astical History in the University of Glasgow (Mun. Univ. Glas., Ill, 400). In 1637 the stipend of Carluke was 400 merks money, and four chalders of meal. In 1650 it was augmented to three chalders, two-thirds meal and one-third barley, with i?50 10s Id sterling in money (New Stat. Account, 593). This parish contributed the handsome sum of £98 to the collection raised in 1624 on behalf of the town of Dunfermline. THE PAPdSH OF CAELUKE. 405 Disputes between the clergy and the heritors in regard to the practice of burying in the church, similar to those we have had occasion to mention in many other parishes, occurred at Carluke in the early part of the seventeenth century. On the 2d March, 1626, James Lindsay of Belstane was summoned before the Presbytery for burying his child within the kirk, when he acknowledged his offence, and "promised, with all diligence, to build an yle for his awin burial." On the 20th August, 1646, Marion Davidsone, in Heindshaw, was examined, being under some suspicion of witchcraft. Her examination was continued during several diets, caution being found in a sum of £1000 for her appearance, till the 12th of November, when she was dismissed, there being nothing proven against her. On the 5th of August in the same year the minister was ordained to fill up some vacant room in the church with formes, upon the common charges of the parish. In 1648 the lands of Mossplat were transferred from the parish of Carluke to that of Carstairs. On the 22d of September, 1703, the Presbytery found that the parish had "two communion cups, a table and table-cloaths, two velvet mortcloaths, one new and one older, and a pouder basin for baptisme." On the same occasion they approved the session -book, and directed a new one to be got pro futuro. The session records now existing commence in August, 1645. The minutes are regularly kept from that time to March, 1646, when there is an omission till 1650. Another hiatus extends from 1662 to 1694, but from that date they have been carefully kept and preserved. The register of births begins in 1735 {Xew Stat. Account, 583). The church stood originally on the banks of the Clyde, near the present castle of Mauldeslie. The precise locality is supposed to be indicated by the name of Abbey Steads, and by a tumulus from which bones have been disinterred. It was in the fifteenth century removed to its present site. A curious tradition con- nected with this transaction is preserved in the New Statistical Account, p. 564: "The situation of the old church, being at the 4-06 THE UPPEE WARD OF LANARKSHIRE. extremity of the parish, was found inconvenient, and it was therefore proposed that it should be removed to a more centrical spot. This proposition met with strong opposition from a part of the population who clung to the holy ground, and after much difficulty coidd only be brought to agree that the new site should be the Law of Mauldslee, a situation not far from the old one. This, however, not meeting the views of the opposite party, it was at length determined that the dispute should be submitted to the arbitration of Providence. With this view a pow (skull) was taken from the ancient burial ground, and together with a burning peat was laid on the proposed site at the Law. If the poiv and peat remained, that was to be the spot; but if they should be removed by 'a guiding hand' the church was to be erected wherever they were found. They were removed, and the whole parish was raised to seek for the pow and peat. After much search, they were at last, to the great joy of the people, discovered, by Symeon Haddow of Easterseat, on the spot where the church was eventually erected, about two miles nearer Symeon's house than the Law. The truth was that the guiding hand was none other than that of Symeon himself, a secret which was carefully kept within his family for many genera- tions." Of the existence and prevalent belief in this tradition there can be no doubt, but we suspect that it has reached us in a corrupted form, as it ascribes an influence to the opinion of the general body of the parishioners which is inconsistent with the manner and customs of the fifteenth century, and represents ideas that were not entertained until the Eeforma- tion. St Andrew seems to have been the patron of this church, as William Robertson, by his testament, executed at Mauldslee in 1551, directs that his body should be buried in the ground dedicated to that apostle, corpusque meum in pulveribus Scti Andrew {Com. Reg. Glas) At the time when Chalmers wrote, the sacred edifice erected in the fifteenth century was still used for Divine worship. He describes it as a very old structure of ninety feet long, with a vestry, chancel, and choir, while the ancient font was still in existence. It was replaced by a modern building in 1799. A stone coffin, THE PARISH OF CARLUKE. 407 with a rude cross on the lid, was dug up in the churchyard during the year 1638. There was a chapel dedicated to St Oswald on the banks of the Fiddler Burn, in the south corner of the parish, to which, according to Chalmers, a hermitage was attached. Civil Affairs. Baronies. Maiddslie or Carluke. — The whole of the parish of Carluke was, in the twelfth and thirteenth cen- turies, a royal domain, the greater portion of which was main- tained in a state of forest to afford the King the pastime of hunting, and the more fertile parts cultivated by his peasants and tenants. In 1288 the Sheriff of Lanark acknowledged that he had received from the mesne lands of the forest of Mauldislay, cle dominicd terre foreste de Mauldislay, 13 chalders 2 bolls of oatmeal, which he had sold for £9 3s 4d, and 13 chalders 12 bolls of malt, brasei ordei, which he had disposed off for a like sum (Chamber. Rolls, I., 62*). By the treaty concluded in 1295 by King John Baliol for the marriage of his son with a niece of Philip of France, the lands of Mauldisly were assigned, along with others, as security of the dower promised to the bride (Act Pari, I., 96**; see Lanark, ante, II., 287). Robert the Bruce granted one or perhaps two annuities of 10 merks each from the revenues of his mills in this barony to the Priory of Lesmahago, which donations were confirmed by his successor, Robert III. (Lib. de Cal, 169, 204; 365, 476; Reg. Mag. Sig., 14, 75; Robertson's Index, 27, 5; 145, 22; see also Lesmahago, ante, II, 182). He also bestowed on several persons feudal investitures of consider- able portions of the lands belonging to it, to be held of the Crown in capite, to which we shall advert more particularly in connection with the several properties thereby created. In 1359 the Sheriff charged himself with .£4, as the rent of the park of Mauldislie, de jirmis de parco de Maiudisley, but declared that he had received nothing from the mill of Carluke or the lands of Kil- cadzow (Chamber. Rolls, I., 334). David II. appears, towards the close of his reign, to have bestowed this barony on Sir John Danyelstown, whose son and heir, Robert, had been, in 1357, one of the twenty hostages delivered to England in security for 408 THE UPPEE WAED OF LANARKSHIRE. the payment of the King's ransom (Act Pari, I., 159). ' In 1374 Sir John, on his own resignation,, obtained from Robert II. a charter in free barony of the lands of Mauldisly, Law, and Kil- cadzow, in the barony of Carluke ; the Reddendum being the delivery of a pair of gilt spurs at Whitsunday, in full of all other feudal services. Redendo unum par calcarium deauratorum ad Pentecost pro wardis, releviis, maritiagiis, curiarum, sectis et aliis serviciis quibuscunque {Reg. Mag. Sig., 15, 76). Robert III. subsequently granted to William Danielstoun a confirmation under the Great Seal "of ane pension furth of the barony of Mauldisley" (Robertson's Index, 138, 33). The object of this charter seems to have been to secure more effectually an annuity granted as a portion to a younger son of Sir John when the succession of the eldest devolved on heirs female. In 1402 Elizabeth, daughter and co-heiress of Sir Robert Danielstown, married Robert Maxwell of Calderwood, the second son of Sir John Maxwell of Pollock, when the barony of Mauldeslie was settled on them and the heirs of the marriage (JS T isbet Heraldry, I., 138; Douglas Baronage; Hamilton of Wishaiv, 50). The son and heir of the marriage was Sir John Maxwell. He was one of the gentlemen of Scotland who, in 1423, went to Durham to meet James I. on his liberation, and welcome him to his kingdom. On that occasion he and other six landed proprietors had a safe-conduct for themselves and servants, to the number of twenty-five persons (Feed, X., 308). In 1454 he went to England as one of the ambassadors to arrange a truce (Ibid, XI., 349). He was appointed one of the Lord Auditors in 1546 (Act Pari,, II., 46), and sat in the Parliaments of 1467, 1468, and 1469. In the first of these years he was Sheriff of Ayr; in the second he was elected to the Articles and to the money; and in the third was member of a committee "on the domes" (Ibid, 88, 91, 93). He died in 1476, and was succeeded by his son, Sir John, by his grandson, Sir Gavin, who died in 1493, and by his great-grandson, Sir Robert, who, on the • of October in that year, had a charter under the Great Seal confirming his title to the barony of Mauldeslie (Douglas Baronage). The latter was in 1540 succeeded by his son, Sir THE PARISH OF CARLUKE. 409 Eobert, who was one of the persons who, in 1545, subscribed an agreement with France, and bound themselves to invade the kingdom of England "as oft as the occasioun of tyme sal occur, and sal be thot necessary and profitable" (Act Pari., II., 594). He was one of the Parliament which in 1560 ratified the Con- fession of Faith (Ibid, 526). Having no children, he, in 1553, resigned the barony of Mauldeslie in favour of his brother John, who ultimately succeeded him (Douglas Baronage). The latter was one of the gentlemen who, in 1568, on Queen Mary's escaj>e from Lochleven Castle, joined her standard at Hamilton, and fought at Langside; he died in 1571 (Ibid). His son, Sir James, became, in 1577, security in the sum of 20,000 merks that Lord Maxwell, who had been imprisoned by the Regent Mortoun, and was then permitted to reside in St Andrews, should not leave that town. This bond of caution was cancelled by the Parlia- ment in the following year (Act Pari., III., 118). He repre- sented the county in Parliament during the years 1593 and 1594, in the last of which he was elected one of the Lords of the Articles (Ibid, IV., 7, 56, 97). He was succeeded by his son, Sir James, who represented the county in 1608, 1617, and 1621 (Ibid, 405, 525, 593). He was thrice married, his last spouse being Margaret Cunningham, daughter of the seventh Earl of Glencairn. She was one of the religious correspondents of Principal Boyd of Tochrig, her letters to whom are generally dated from Mauldeslie, where she appears to have resided during her widowhood. He in 1623 thus adverts to her death: "About the same time dyed that holy wife and vertuous lady (equally, if not beyond any I have known in Scotland), the Lady Calder- wood, and formerly the Lady Evendail, eldest daughter of the Earl of Glencairn. A woman of an excellent spirit and many crosses. Through her whole life she was diligent and active, and a fearer of Cod. May the Lord prepare us to follow, and give His grace to her children, that we may reach her happy end, for the love of Christ, His Son!" (Wodroiv's Life of Boyd of Tochrig). Edward, the eldest son of Sir James, obtained in 1606, as we have already noticed, a Parliamentary ratification of a tack of the teinds of Carluke (Act Pari, IV., 314). He was 410 THE UPPER WARD OP LANARKSHIRE. in 1622 retoured heir to his father in the lands and barony of Mauldeslie (Inquis. Spec, 146). He was succeeded by his younger brother, James, who had, on the 25th of February, 1625, a charter under the Great Seal of the barony of Maulde- slie; and on the 28th March, 1627, was created a baronet of Nova Scotia, his patent conferring on him the regality of Mauldeslie in North America. He was in 1644 one of the Committee of War for the county (Act Pari., VI., 132), but dissipated his fortune, and sold the barony of Mauldeslie to Arthur Erskine of Scotscraig, who, however, retained it but a short time, for Hamilton of Wishaw informs us that, "for pay- ment of his debts and relief of cautionerie, it came to the Laird of Alva." He again sold it in 1649 to Sir Daniel, second son of the first Lord Carmichael (Douglas Peerage, I, 754). Sir Daniel was appointed treasurer-depute in 1649, when his father was deprived of this office, on account of his having in the pre- ceding year adhered to the engagement (Act Pari, VI., 421, 422). By the terms of the Act of Indemnity passed in 1662 he was excluded from its operation until he paid a fine of £2400. In addition to Sir Daniel, no less than three persons connected with his estate were in the same manner deprived of the benefit of this Act, namely, Johne Peirie, chalmerlyne of Malsley, Richard Maitland in the Park thereof, and John Shiller in Law, who were respectively amerced in the sums of .£360, iS'SOO, and <£240 (Ibid, VII, 422). Sir Daniel was, in 1678, appointed one of the Commissioners of Supply (Ibid, VIII, 224). He represented the county in the Convention of Estates which met in 1689, and signed the protest, by which the members, before opening a letter from King James, declared that should it contain an order for dissolving the Convention, that it should not impede their procedure until they had settled and secured the Protes- tant religion, the government, laws, and liberties of the kingdom. He also subscribed the letter addressed by the Estates to William of Orange as King of England (Ibid, IX, 4, 96, 9, 20). In the same year he was nominated one of the Commissioners of Militia for the shire and a Commissioner of Supply (Ibid, IX, 28, 70). He held the latter office in the ensuing year (Ibid, IX, 138). THE PARISH OF CARLUKE. 41 1 Having no children, he, on the 29th of July, 1689, executed a bond of tailzie, by which he obliged himself to resign the barony of Mauldeslie in favour of his grand-nephew, Daniel Carmichael, third son of the first Earl of Hyndford, who, in 1G95, presented a petition to Parliament, stating that by this deed "Sir Daniel did oblige himself to resign the lands of Milnetowu, and others, upon which he had only rights of apprisings and adjudications, and infeftments of annual rents, some whereof were redeemable, as if they had been his own irredeemable, absolute property, and did also oblige his heirs of tailzie to pay his debt and take dis- charges thereof, under a strict irritancy, without any latitude allowed to pay the same out of the estate obliged to be resigned, as certainly he intended/'' The Parliament having taken this application into consideration, passed an Act declaring that, "notwithstanding the forsaid's provisions and irritancies, it shall be lawful to the said Daniel Carmichael and the heirs of tailzie, not only to do all necessary deeds of and concerning the said rights to which in law they can be compelled, but also to trans- act the same or otherwise dispone thereon, in haill or in part, as they shall find convenient, to be imployed for the use and ends appoynted by the tailzie, for payment of debts of the defunct, and they imploying the surplus prices according to the destina- tion, and under the same irritancies, without any hazard of the foresaid restrictions and irritancies, and sic like, as if the said's restrictions had never been made" (Ibid, IX, 494). The Hon. Daniel Carmichael was appointed a Commissioner of Supply in 1695, and again in 1704 {Ibid, IX., 374; XL, 141). He died in 1707, and was succeeded by his son, Daniel, who must have been very young at the time of his father's decease, as we find that, in 1717, he was one of the scholars of the fifth class at the University of Glasgow (Mun. Univ. Glas., III., 211). In 1745 he obtained an Act of Parliament enabling him and the succeed- ing heirs of tailzie to sell part of the lands for payment of debts charged thereon, and to purchase other lands to be settled to the same uses. Under the powers of this or the prior Act of 1695, a considerable portion of the lower part of the barony lying on the banks of the Clyde was freed from the fetters of the entail, VOL. II. 3 E 412 THE UPPER WARD OF LANARKSHIRE. although they still remained in the possession of the persons who were the heirs called therein. Daniel Carmichael died in 1765, leaving five sons, all of whom successively became pro- prietors of Mauldeslie, namely, Daniel, John (who was drowned in an attempt to ford the Clyde), William, Thomas the fifth, and Andrew the sixth Earl of Hyndford. On the death of the last of these noblemen, the unentailed part of the barony went to his sister, Grizel, the wife of Archibald Nisbet of Carfin, while that which still remained under the fetters of the tailzie reverted to the descendants of Lady Carmichael, the eldest daughter of James, second Earl of Hyndford, who married Sir John Anstruther of Anstruther (D. Peerage, 759; see also parish of Carmichael). Braidwood. — Eobert the Bruce granted to Sir John de Mon- focle the lands of Braidwood, Zulesheills, and Hevidis (Robert- son's Index, 24, 11). Margaret, the daughter and heiress of Sir John, married Sir Alexander Cockburn. They appear to have parted with the greater part of the barony, and to have retained only that portion of it known as the lands of Hevidis, as their son, William, had granted to him by Robert II. a charter of these lands, which are described as formerly in the barony of Braidwood, but now annexed and united to that of Skirling {Reg. Mag. Sig., 144, 88). The estate of Heads remained in the possession of the Cockburns till the latter part of the seven- teenth century, when they sold it to the Lockharts of Lee {Inquis. Spec, 94; Hamilton of Wishaw). Mr John Lockhart of Heidis was in 1648 appointed one of the Committee of War for the county. He was the third son of Sir James Lockhart of Lee, and was at a later date known as Sir John of Castlehill (Act Pari, VI., 297; see Lanark, ante, II., 313). All trace of the barony of Braidwood is lost for upwards of a century after it was granted to Sir John Monfode. Hamilton of Wishaw, indeed, asserts that it was held by the Earls of Douglas, and that on their forfeiture in 1455 it passed to the Earls of Angus, but this is evidently erroneous, as the next notice of it with which we meet is in a charter, by which, on the 8th May, 1497, it was granted to Archibald Bell-the-Cat, fifth Earl of Angus, on the THE FARISH OP CARLUKE. 413 resignation of Alexander Stewart {Reg. Mag. Sig., XIII., 228). The Earl bestowed the barony on his second son, Sir William Douglas of Glenbervie, who was succeeded by his son, Sir Archi- bald (Ibid, XVII., 12). Sir Archibald had charters of this barony granted to him and Agnes Keith, his wife, in 1538 and 1542 (Ibid, XXVI, 191; XXVIII, 319). His son, Sir William, obtained, in January, 1567-68, a charter of the same (Ibid, XXXII, 223). In 1581 Parliament ratified a grant of the barony of Braidwood, " quhilk pertenit of befoir to James, some time Earl of Moretoun, or any uther," it being in the hands of the King by reason of the forfeiture of the said Earl, or by that of "Archibald, Erll of Angus, sum tyme immediat tennent, of our soverane Lord, of the said baronie, quhom of the persons above written, or others quhatsumevir hold the same," "to Harie Stewart of Gogar, brother-german to James, Earl of Arrane" (Act Pari, III, 272). On the fall of the Earl of Arran in 1585, this grant was recalled by the Act of Kehabilitation. Sir William Douglas of Glenbervie became, in 1588, ninth Earl of Angus, and before his death, which occurred in 1591, conveyed this barony to the Chancellor, Lord Thirlestane, and his wife, Dame Jean Fleming, who in 1592 obtained a Parliamentary ratification of their title (Ibid, 111,628; VII, 139). It re- mained in their possession, and that of their descendants, for upwards of half a century. During this period a very large portion of it was disponed to various sub-vassals (Hamilton of Wishaw; Inquis. Spec, passim). In 1649 John, Earl of Law- derdaill, was served heir to his father in the barony of Braid- wood (Inquis. Spec., 238). In 1661 he obtained an Act of Parliament declaring the tenor of his writs, which had been buried during the civil wars, and destroyed by water percolating into the iron chests in which they were contained. Among these documents there is enumerated a procuratory of resignation, dated "Halyrude Hous, 17th December, 1591/' by John, Lord Thirle- stane, chancellor, and his spouse, for a new infeftment to them- selves and their heirs (Act Pari, VII, 135). George Gilbertson in Braidwood was excluded from the benefit of the Act of Indem- nity passed in 1662 until he paid a fine of ^240 (Ibid, VII, 422). 414 THE UPPER WARD OF LANARKSHIRE. The Earl of Lauderdale, shortly after this date, sold the barony to James, second Marquis of Douglas, from whom it was, after the lapse of a few years, purchased by Sir George Lockhart, who took his style from it till he acquired the more important barony of Carnwath. In the rolls of the Parliament of 1681, wherein he represented the county, he is designed Sir George Lockhart of Braidwood (Ibid, VIII, 232). The barony of Braidwood is still held by his descendants (see Carnwath). Kirktoun, — This property, which was originally part of the barony of Mauldeslie, but was subsequently erected into a sepa- rate barony, belonged in the sixteenth century to a branch of the Veres of Stonebyres. Thomas Weir of Kirktoun was one of the gentlemen who, in 1572, found caution to answer an indictment charging them with being accessory to the murders of Darnley and the two Eegents (Pit. Grim. Trials, I., 35). Hamilton of Wishaw states that "the unhappy Major Weir is said to have descended" from this branch of the family of Weir. In the early part of the seventeenth century the lands of Kirk- toun were held by Thomas Forrest, Writer to the Signet, who was in 1648 appointed one of the Committee of War for the county (Act Pari, VI., 297). He died before the year 1655, and was succeeded by his two daughters, who sold these lands to Walter, third son of Stephen Lockhart of Wicketshaw (Inquis. Spec, 256). Walter Lockhart of Kirktoun was appointed a Commissioner of Excise in 1661 (Act Pari., VII, 91). In the following year he obtained a charter under the Great Seal, which was ratified by Parliament in 1663, granting to him and his heirs the lands of Kirktoun, with the pendicle thereof called the Kirkstyle, "extending in the hail to ane 40s land, with the manor-place, houses, bigings, yeards, orchyeards, grasse, pastu- rage, mosses, moores, meidows, woods, fishings, coals, coalheughs, milnes, milne lands, multures, and sequels thairof, lymestane, parts, pendicles, and pertinents of the same, with the teinds of the said lands, with the union of the same in ane hail and free barronie, called, and to be called in all time comeing, the barronie of Kirktoun/' The reddendum is the payment of .£48 (Scots money) annually, and giving "three sutes at the three heid - ■- ■■■-'■^' ^'V-U':>^--''s'--:'- t -'' ,> " ;: i -^--~ \. : .--."^ r -'v>i-v-— ^,.-. :^--J --*>--- --- v c ---':." - w?v:"-'.^- -r-v/i-^ '1°- - THE LATE LIEUT. COL WILLIAM LOCKHAUT of Milton- LocTdiart. THE PARISH OF CARLUKE. 415 Courts, to be holclen in the barronie of Lesniahago yeerlie." This latter provision is explained by the fact that these were the kirklands of the parish, and as such had been formerly held of the priory of Lesmaliago (Ibid, VII., 521). Lockhart of Kirk- toun was appointed a Commissioner of Supply on the 10th July, 1678, but died shortly afterwards; his son, Walter, having been served heir to him on the 18th November of that year (Inquis. Spec, 348). Walter the younger took a leading part on the Covenanting side in the campaign of Drumclog and Bothwell Bridge. The numerous arraignments for high treason laid before Parliament in 1685 invariably contain the statement that "John Balfour of Kinloch, and the deceist David Hackston of Raith- illet, and others, having, upon the 3d of May, 1679, killed and murdered his Grace the late Archbishop of St Andrews, they fled into the western shires, and there rose in open rebellion, with Walter Lockhart of Kirktoun, and nine or ten thousand of their accomplices, under the command of Robert Hamilton, brother to the Laird of Preston" (Act Pari, VIII; App. 39, et seq.) The following narrative of what befell him after this date is given by himself in a petition which he presented to Parliament in the year 1695: "In anno 1683, being convened before the Lords of Justiciary at Glasgow for Bothwell Bridge, converse and resett, he gave bail to appear at Edinburgh, which he per- formed, and was imprisoned to the hazard of his life, until he got liberty, upon bail for 4000 merks, to keep his confinement at Edinburgh, which continowed for five months, until, by the severity of their procedure against others in like circumstances, he was forced to fly out of the countrey and be in exile for several years, leaving his estate open to their mercy; and by the vigour of their procedure, they sisted not till they actually for- faulted his bond of cautionery, which, being gifted by the The saury, he was forced to pay the same to Sir Adam Blair of Carberry, upon pretence of a privat debt resting due him by the late King. And since this happy Revolution he was forced again to pay the same to his cautioners. At the first time of the late happy Revolution, he was among the first that went for England to serve His Majesty, and frankly concurred with the nobility 416 THE UPPEE WARD OF LANARKSHIRE. and gentry that addressed then his Royal Highness, the Prince of Orange, and immediately thereafter returned to Scotland, and attended the elections upon the circular letters, and also did, upon his own charges, raise a troop of dragoons in Lord Car- dross his regiment, and keeped and maintained the said troop, while the said regiment was disbanded, by advancements upon his own privat fortune, and borrowing moneys from the shires and burghs where his troop did ly, which he had actually since payed, as was well known to many members of the Parliament, who were ready to testify the same; and thereby, and by the death of severall horses the time of the said service and jurneys in manner foresaid, he contracted great debts, and borrowed money, of which he was not as yet repayed." In consequence, he craved that he "might be recommended to his sacred Majesty for redress of these his great losses and charges, in such way and manner as his Majesty, of his royal goodness and bounty, should think fitt." The Parliament granted the prayer of his petition [Ibid, IX, 468). We may add to the facts here stated, that he was in his absence arraigned on a charge of high treason in the Parliament of 1685, and that the proofs against him were remitted to the Court of Justiciary, before whom the earlier pro- cess against him was still depending (Ibid, VIII., 490; App. 32). He was named one of the county Commissioners for the Militia in 1689, and a Commissioner of Supply in the same year, and also in 1690 and 1704 {Ibid, IX, 28, 70, 138; XI, 141). He also appears to have adopted what we would now consider a most irregular course in endeavouring to obtain repayment of the sums he had advanced to his troop. In a petition presented by him to Parliament in September, 1705, he frankly states "that it is well known and certain that your petitioner engaged, both as a partner and collector, in the pole of 1693, not with any design of advantage, but to recover, if possible, 'payment of dClllO 17s lOd sterling of arrears, due to him for his troop;" and admits that he had retained the sum of £353 received by him. He also states that he had to collect in the north, and that the winter of 1693-94 was very stormy (Ibid, XL, 241). There can be no doubt that the tacksmen of the pole for this THE PARISH OF CARLUKE. 417 year were guilty of a great deal of peculation and dishonesty; and the accounting for and payment of this levy occupied the attention of Parliament for a number of years. An honour- able distinction was, however, invariably made between Captain Lockhart and the other collectors. While stringent measures were adopted against them, the result of the numerous petitions presented by him was always a sist of all diligence until his case should be debated and considered. The records are, however, silent as to the ultimate decision on his claims (Ibid, X., 42, 230, 341; XL, 220, 233, 241; App. 74, 84, 89). Captain Lockhart survived till nearly the middle of the eighteenth century, but having no children the barony was sold. Minor Holdings. Hainshaw. — These lands were, from a very early date, in the possession of the Hamilton family. Sir John de Hamilton of Cadzow granted them, in 13.95, to Sir William Baillie of Lamington, to be held of him and his heirs, and they have ever since belonged to the descendants of the grantee (Nisbet's Heraldry, II., App., 137; see Lamington, ante, I., 234). Belstane. — Kobert the Bruce granted to Elen de Quarantlay the lands of Belliston and Grumley, in the forest of Maldisley, to be held in pratis, pascuis, vivariis, stangnis, et molend, sine prestacione alicujus multure, for the reddendo of half a silver mark yearly, in excambion for certain lands in the burgh of Lanark (Reg. Mag. Sig., 15, 76; see Lanark, ante, II., 334). These lands were afterwards acquired by the Livingstons of Warrenhill (see Covington, ante, I., 472), who thereupon took the designation of Livingstoun of Belstane. John Livingstone of Belstane was one of those who, in 1572, were held to bail to answer an indictment charging them with being accessory to the murders of Darnley and the Eegents. Lindsay of Covington became security for his appearance in the sum of i°1000 (Pit. Grim. Trials, I., 35). He died before 1608, in which year his son, Alexander, was served heir to him in the lands of Belstane and Warrenhill (Inquis. Spec., 82). This Alexander is mentioned in the testament of James Hamilton of Garion, executed in 1610, 418 THE UPPER WARD OF LANARKSHIRE. and became bail for Lindsay of Dunrod in 1620 {Com. Reg. Glas.; Pit. Grim. Trials, III., 495). A few years subsequently we find Belstane in the possession of a branch of the latter family. Lindsay of Belstane represented the couuty in the convention held in 1643, and was selected as one of the executive committee of that body, on which was conferred extensive and most unconsti- tutional powers {Act Pari, VI., 4, 57). He was in the same year nominated, along with the Laird of Dalserf, joint-convener of the county commissioners of the supply raised to meet the expense of the army sent to Ireland, and received a commission from the Estates as colonel of a regiment of foot {Ibid, VI., 29, 51). In the following year he was made Governor of Berwick, and was again elected one of the executive committee of the Estates, and formed one of the moiety thereof who were appointed to join the army in England {Ibid, VI., 69, 138). His son, William Lindsay of Belstane, was one of the parties who, in 1660, made a raid upon the lands of the Earl of Queensberrie, "and by force of arms entered into his houses, seized upon his goods and cattell, destroyed his comes, possessed themselves of everything they could be master of belonging to him or his tennents, and thereafter set fyre to the yets of Drumlanrig." This outrage was, however, condoned by the Earl, the persons implicated in it having agreed to pay him the sum of £2000 sterling, although that was much under the amount of damage done (Ibid, VII., 95). William Lindsay of Belstane was appointed one of the Commissioners of Excise for the county in 1661 {Ibid, VII, 91). In May, 1671, he obtained a charter under the Great Seal con- firming to him the <£5 land of Belstane, comprehending the lands of Bashaw, which was ratified by Parliament in the fol- lowing year {Ibid, VIII, 203). They were soon afterwards sold to James, second Marquis of Douglas, and are now held by his descendants. Halcraig was in the sixteenth century in the possession of one of the numerous branches of the Vere family. Alexander Were of Halcraig was included in the indictment of 1572, to which we have had occasion so frequently to refer {Pit. Grim. Trials, I., 35). Archibald Hamilton of Halcraig is mentioned THE PARISH OF CARLUKE. 419 in the testament of James, Archbishop of Glasgow, as debtor to the deceased in the sum of £5, "as the quotois of the testator within the commissarriat of Lanark, from Whitsunday, 1631, to Martinmas, 1632" (Com. Reg. Glas.) In 16-43 James Hamilton of Halcraig was appointed one of the county commissioners for the supply of the expense of the army sent into Ireland (Act Pari, VI, 29). He was nominated one of the Committee of War for the shire in 1614, 1616, 1618, and 1619 (Ibid, VI, 132, 211; 297, 371). On the 2d of October, 1615, he was per- sonally thanked by the Presbytery of Lanark "for his commend- able adherence to the Covenant, and resolute resistance to the enemy in this difficile time" (Pres. Rec) In 1659 he was appointed by Mr Francis Aird, minister of Dalserf, guardian to his children (Com. Reg. Glas.) He was engaged in the raid made in 1660 on the lands of the Earl of Queensberrie and his castle of Drumlanrig (Act Pari., VII, 95), and was one of the persons who were in 1681 arrested on the charge of harbouring rebels, the accusation being based on facts similar to those which formed the grounds of charge against Mr Laurie, the tutor of Blackwood (see Lesmahago, II, 209). He was amerced in the sum of 1200 merks, as he had been concerned in the risings of Pentland and Bothwell Bridge, and was ordered to be imprisoned until this sum was paid. He was appointed one of the Commissioners of Militia in 1689 (Act Pari, IX., 28), and died in the latter part of that year. He was succeeded by his son, John, who appears to have been also imprisoned about the year 1681, but liberated on a petition to the Privy Council, which stated that his father was in a dying state, and finding bail in the sum of 12,000 merks (Brunton and Haig's Hist. Gen. Justice, 137). He was, in the year of his father's death, appointed, under the style of John Hamilton, younger of Halcraig, one of the Commissioners of Supply for the county (Act Pari, IX., 70), and on the 1st of November an ordinary Lord of Session (Books of Sed) In 1690 he acted as one of the Commissioners of Supply for the coimty (Act Pari, IX., 138); and a petition presented by him to Parliament in the same year is a good illustration of the manner in which the force VOL. II. 3 F 420 THE UPPER WARD OF LANARKSHIRE. of forfeitures were at that time evaded. He therein states that "in the year 1667 he purchased the forfeitures of the deceased William Porterfield of Quarelstone, and Alexander Porterfield, his brother, and that only for the use and behoof of the said for- fault persons, their wives, and children, and at the desyre of their nearest relations, though without warrant or commission in writ, by reason of the exuberancy of the trust, all which the petitioner was able to make appear, not only by his suffering the said for- faulted persons, their wives, and children, to possess and enjoy their said whole estates ever since, but also by several other cleare and evident documents." Had this petition not been presented, the general Act rescinding all forfeitures since the year 1665, about to be passed, would have deprived the peti- tioner of all claim for the restitution of the sums he had advanced in so friendly a manner. The Parliament, however, on considering this petition, decided that the reduction of the forfaulture should be burdened with the repayment of the sum advanced by Lord Halcraig, and the interest thereon {Ibid, IX., 189). He was knighted by William III, and, as Sir John, repre- sented the burgh of Cullar in Parliament from 1696 till 1702 {Ibid, X., 4, 13; 114, 185; XL, 5). He was appointed one of the committee of Parliament for the security of the kingdom in the years 1698 and 1700 {Ibid, X, 123, 207). In 1704 he and his son, James Hamilton of Halcraig, younger, were appointed Commissioners of Supply {Ibid, XL, 141). His name occurs in a list of the directors of the African Company made up in 1704 {Ibid, X., 193), which fully accounts for his estates having been sold on his death in March, 1706. In the month of November in the same year, Sir William Gordon of Halcraig was appointed one of the Commissioners of Supply for the county {Ibid, XI., 318). Myltoune, now Milton-Lockhart, was also originally part of the barony of Mauldeslie. By the middle of the sixteenth cen- tury it had come into the possession of the Whitefords of that ilk, who were afterwards as often styled Whitefords of Myltoune as of Whiteford, although the former designation more strictly belonged to the eldest son and heir-apparent. In 1555 Charles Pollock, THE PARISH OF CARLUKE. 421 tutor of that ilk. was convicted before the Court of Justiciary of oppression done to John Quhitforde of that ilk. in hurting and wounding him in the lands of Greenhillis [Pit Crim. T/-i.: 7 s. I. 3>4*). In 155S John Quhitforde of Myltoune was accused of abiding from the raid of Lauder [Ibid, I, 404*'. John Quhit- ford of that ilk was one of the assize who in 15 SO tried William, Lord Kuthven. the High Treasurer [Ibid, L, 91). He and his eldesr son. Adam, were in 1584 indicted for the cruel slaughter of Patrick Maxwell of Stanelie. The Laird was alone put to the knowledge of an assize, who, "efter lang resoning and delibera- tione."' acquitted him {Ibid, I.. 133). Adam Whiteforde of that ilk gave, in 1632, 100 merks towards establishing a library in the University of lasg w Mun. Um -.. Ill, 470. On the 24th March, 1GG3. John Whytfurd of Mylnton - :ved heir to his father. Adam vVhytfuid of that ilk, in the lands of Mylnetoun, in the barony of ManldesKe {I. 28£ He v . wards knighted, and appears among the Com- missioners c E S for the - " id 167 s Sir John Whyteford of Miltour Act 2 VU i4: TILL, 224). - - el afterwards sold. A John Crawford of Mlltoua - appointed a Commission . i I Sup] ty in 1G9G (II d, X _ - It was afterwards purchased " .:n Hamilton of E who resided there when H - unt of the com.: Si this ;. perty ... :hrough tal ha:. I - ]Y was also originally part of the forest ny of Mauldeslie, and afterwards am:. . Touchadar. Stirlmgshire, . inclined t. " -;- lands formed of the lar. s of :"ried to Allan - I Sir Stephen L i te, H, 311 by his marriage with E _ I ->rd of : who bes - - .^jhwe:. with this family. In . - - _ _ Trials, L, 2a - - of th uded i : 422 THE UPPER WAED OF LANARKSHIRE. 1572, when the head of his house, the Laird of Lee, became security in the sum of 1000 merks that he would attend the next justice air at Lanark {Ibid, L, 35). John Hamilton, parson of Crawfordjohn, and others, were indicted in 1605 for a savage assault on Alexander Lockhart, tutor of Wicketshaw (Ibid, II., 474; see ante, I., 116). Stephen Lockhart of Wicket- shaw was one of the comity Committee of War in 1643, 1644, and 1648. In 1644 he is described as "the goodman of Wicket- shaw" (Act Pari, VI., 53, 132, 297). William Lockhart of Wicketshaw was one of the leaders of the insurgents in the lisinff which terminated in the defeat of Bullion Green (New Stat. Account, 577). He was forfeited for his share in this transaction, but afterwards restored (Acts Court of Justiciary, 1667). He was succeeded by his eldest son, William, who was one of the Commissioners for the Supply in 1696 and 1704 (Act Pari, X, 28; XL, 141). Kilcadzow also formed part of the barony of Mauldeslie, and was part of the desmesne lands of the King. The Sheriff reports, in 1359 that he had received nothing from these lands, as they were in the hands of John Lindesay of Dunrod, by a grant from Malcolm Fleming, Earl of Wigtoun, and that the said John had no right to them except by leave of the King; whereupon he was ordered to collect the rents and account for them. "Nihil de terris de Kilcadzow que est terra domenica Regis quod in manu Johanis de Lindesay de Dunrod ex concessione Malcomi Ffieming, Comitis de Wigtoun, que nullum jus habuit in eadem nisi ex permissione Regis ad firmam, et precepit vicecomitem quod dictam terram in manu Regis say sire faciat et de firmis ejusdem de cetero respondet" (Chamber. Rolls, I., 334). The lands of Kilcadzow are specially mentioned in the charter by which Robert II. granted, in 1374, the barony of Mauldeslie to Sir John Danyelston (Reg. Mag. Sig., 110, G6; see ante, It, 408). They came into the possession of the Lockharts of Lee during the seventeenth century, and have ever since been held by that family, a considerable portion being, however, sub-feued (Inquis. Spec, 333, et seq.) Spitalshiels. — These lands formed part of the endowment of J.J Murray deli WHMr a rIaj 1 eL;«E&. r Hall Ear Tower THE PARISH OF CARLUKE. 423 the hospital of St Leonard's, at Lanark, and were occupied by sub-vassals from an early period. The superiority was acquired, along with the other estates of the hospital, by the President, Sir George Lockhart of Carnwath, in the seventeenth century, and is held by his descendants {see Lanark, II., 303). Westerhouse has for a long time belonged to a family of the name of Bell. James Bell of Westerhouse was forfeited in 1067 for having been engaged in the battle of Bullion Green, {Acts of the Court of Justiciary), but was afterwards restored. Castles and Fortalices. — Halbar Tower was the fortalice of the barony of Braidwood, and, in fact, is so described in some of the titles (A ct Pari., III., 272). It is quite entire, and has lately been repaired and restored, with great taste and at a considerable expense, by the guardians of the proprietor, Sir Norman Mac- donald Lockhart. We have in it an example of the square baronial tower, rising storey above storey, each floor consisting of but one apartment, which is so peculiar to Scotland, and of the style of architecture which so markedly characterises the castles built in that kingdom during the fifteenth century, and which is evidently derived from the primitive Norman donjon, which by that time had become antiquated and disused in England (Scot- land in the Middle Ages, 315). Halbar Tower is up wards of 50 feet high, and is 24 feet square on the outside. The walls are 10 feet thick, in consequence of which the apartments are each 14 feet square. The ground storey is a vault; the second forms the hall, which possessed the only fire-place in the building. Access to it is obtained by a stair in the thickness of the wall. The two upper storeys are reached by a similar stair formed in the opposite wall, to gain the entrance of which it is necessary to cross the hall. The other angles of the latter are occupied by small rooms in the thickness of the wall, in one of which there is a water drain. The roof is vaulted, while the floors of the two upper apartments are supported by beams which rest upon stone brackets. The remains of a tower of the same class is embraced in the buildings attached to the house of Waygateshaw. On a small 424 THE UPPEE WAED OF LANAEKSHIEE. part of the estate of Milton-Lockhart which is on the south side of the Clyde, but in Carluke parish, having formerly been an island, there is an old wall, which is said to be the ruins of a fortalice which Sir William Wallace inhabited. It is sometimes called Castle Wallans, and sometimes Temple Hall. We know from the old titles that fortalices formerly existed at Belstane, Mauldeslie, and other places in the parish, but all traces of these have long ago disappeared. Burghs. — The charter granted to Walter Lockhart in 1663, by which the barony of Kirktoun was created, contains a clause erecting the town of Kirkstyll (now Carluke) into a free burgh of barony, "to be called the burgh of barronie of Kirkstyll in all tyme coming," and bestowing on the said Walter "the haill priveledges, casualties, and dewties of the same, si3ecially; but prejudice of the said generalite, the privieledge and liberty of keeping and holding an weekly mercat within the said burgh, upon Wednesday, and two fee fairs, one upon the 10th day of Maiy, and the other upon the 20th of October, yearly, and uplifting, intrometting with, and disponeing upon the haill tolls, customes, casualties, proffeits, and dewties of the same" {Act Pari, VII, 521). The village of Braidwood was certainly a burgh of barony in the latter part of the sixteenth century, and in all probability had enjoyed that privilege from a much earlier period {Ibid, III., 272). Historical Events. — It was in the Forest Kirk, as that of Car- luke was sometimes styled, that, according to Blind Harry, the meeting of the magnates was held at which Sir William Wallace was appointed guardian of the kingdom. We have already pointed out the important part taken by several of the heritors in the insurrections of Pentland and Both- well Bridge. This attachment to the cause of the Covenant was not, however, confined to them, but was shared by a large number of the other inhabitants of the parish. Indeed, Carluke appears to have been one of the most zealous strongholds of the Presby- THE PAEISH OF CARLUKE. 425 terian party. Gavin Hamilton, in the Park of Mauldeslie, an elder of the parish, was one of the first ten persons who were condemned for being concerned in the Pentland rising, and executed at Edinburgh on the 7th December, 1666. His head, and those of three of his fellow-sufferers, were buried at Hamil- ton, under a tombstone on which the following lines are inscribed (New Stat. Account, 577): — "Stay, passenger! take notice what thou reads — At Edinburgh lie our bodies, here our heads ; Our right hands stand at Lanark — these we want, Because with them we sware the Covenant." His forfeiture was declared null and void by the Act passed in 1690, "rescinding the forfaultures and fynes since the year 1665" (Act Pari, IX, 164). Walker, the Cameronian packman, informs us that when "the Highlanders, in the spring of 1685, went through the parish of Carluke, they apprehended William Finneson aud Thomas Young, who lived there, whom the Laird of Lee's foot- man apprehended, on whom they exercised great cruelty. They carried these prisoners to Machlon, and apprehended John Binning, waiting upon cattle, without stocking or shoe, and took their Bibles from them, and would suffer none to sell them Bibles; and hanged them all upon one gibbet, without suffering them to pray at their death, and their corps were buried upon the spot, and upon their gravestones this inscrip- tion was written : — " ' Bloody Dumbarton, Douglas, and Dundee, Mov'd by the devil, the Laird of Lee Dragg'd these five men to death with gun and sword, Not suffering them to pray nor read God's Word. Owning the work of God was all their crime ; The eighty-five was ev'n a killing time.' " — (Biograpli Preslyteriana, /., 260). The following passage in the same author is curious, as illustrat- ing the superstitious belief of the period: — "In the year 168G, especially in the months of June and July, many yet alive can witness that about the Crossford boat, two miles beneath 426 THE UPPEE WAED OF LANAEKSHIEE. Lanark, especially at the Mains, on the water of Clyde, many people gathered together for several afternoons, where there were showers of bonnets, hats, guns, and swords, which covered the trees and ground; companies of men in arms marching in order upon the water side, companies meeting companies going all through other, and then all falling to the ground and dis- appearing, and other companies appearing immediately the same way. I went there three afternoons together, and as I could observe there were two of the people gathered saw, and a third that saw not, though I could see nothing. There was such a fright and trembling from these that did see, that it was dis- cernable to all from these that saw not. There was a gentleman standing next to me, who spake as too many gentlemen and others speak, who said, ' A pack of damned witches and war- locks, that have the second sight ; the devil hat do I see.' And immediately there was a discernable change in his countenance, with as much fear and trembling as any woman I saw there, who cried out, '0! all ye that do not see, say nothing, for I persuade you it is matter of fact, and discernable to all that is not stone blind.' And these who did see told what works the guns had, and their length and wideness, and what handles the swords had, whether small or three barred or Highland guards, and the closing knots of the bonnets, black or blue. And these who did see them there, whenever they went abroad saw a sword and a bonnet drop in the way. I have been at a loss ever since what to make of this last" (Ibid, I., 32, 33). G. V. I. THE PARISH OF CARLUKE. 427 THE PARISH OP CARLUKE Has been well noticed in the Statistical Accounts, New and Old, and that is no small advantage to the present topographer; moreover, the Ordnance pamphlet Book offers a fair amount of information on this important parish. The reverend statist of 1792 describes his parish as rising considerably above the level of the sea, the higher grounds being nearly equal to those at the kirk of Shotts, " the lower little higher than the holms of Dalziel and Hamilton." Hence the declivity is great, and the upper parts are much washed by the heavy rains from south and south-west. From the western bank of the Clyde the parish shows best; the orchards, woods, and enclosures which enrich the district afford a pleasant pros- pect of cultivation; and "when the road from Lanark to Hamil- ton is carried into execution, these beauties and improvements will be more accessible to the eye of the public." The road referred to has been already described as one of surpassing- beauty, but, the high level at which the Caledonian Railway runs gives only here and there a glimpse of the beauties of the district as the locomotive sweeps past the gills, or, in Ordnance Survey language, the "deep, precipitous, wooded glens," which so often appear to fissure the district towards the Clyde. In 1702 the parish is reported as being "not much encumbered with muirs, mosses, and mountain, and being mostly under the plough," the holm ground on the Clyde being of a free and fertile nature, producing "meal for corn" — i.e., "a boll of oats giving a boll of meal." The banks upwards from the holms are steep; the soil fine, mellow, dry, yards in depth, and in general covered with woods and orchards. Upwards for the east the soil becomes less kindly, needing much labour to render it pro- ductive, but repays the cultivator. About the village and Kirk- ton "the crofts are rich and loamy, though not far from the till." The out-field land is often poor, shallow, with a bad bot- tom, and indifferently productive. In the higher parts of the parish the chief object of agriculture ought to be grass, and now, vol. n. 3 a 428 THE UPPER WARD OF LANARKSHIRE. (1792), in general it is so. The farms are of moderate size, the larger arable farms rating from o£>30 to J?150 (in 1792), and the land sells at from 25 to 30 years' purchase. The statist (1792) affirmed that fruit abounds more in the parish of Carluke "than any other upon the Clyde, or perhaps even in Scotland," and gives, in a note, a list of forty-eight sorts of apples and thirty-three descriptions of pears as then grown in district, remarking that the orchards "extend about five miles, were the property of various proprietors, and covered upwards of eighty acres of land." Eecent Survey measurements give upwards of one hundred and seven acres for orchards, exclusive of a large acreage shown for gardens. The statist of 1792 explains that "the soil at the bottom of the banks, being a pure clay, several yards deep, is more favourable to fruit than even the holm ground itself; that the holm being narrow, and the banks nigh each other, the heat of the sun is heightened by being so reflected. These steep banks, opening often into fissures, afford such shelter as art could not produce, and the exposure being to south and south-west, nothing could be more favour- able/' On the orchards in his parish, the reverend statist of 1839 informs, that nearly one-third of all the fruit raised between Lanark and Hamilton is grown there; "the land devoted to that purpose being, in greater part, the banks of ravines, not well adapted for any other produce ; " adding that orchard ground lets from £6 to i?10 per acre, especially if well stocked with gooseberries, and in favourable years the returns procured have been very great. The crop is a precarious one, as may be judged from the range of prices got in 1822 and 1838. Brownlie (Stuart) 740?, Brownlie (Harvie) 500?, Mauldslie 500?., Milton 463?, Gillfoot 270?., Orchard 180?., Garrion 130?., Waygateshaw 125?., Burnetholm 50?., Gills 50?., Hallcraig 35?. — in whole 3143?. for year 1822; but season 1838 yielded 444?. only — the respective amounts being 130?, 142?, 38?, 45?, 18?, 12?, 20?, 21?, 5?, 7?, 6?. "Occasionally," remarks Dr Wyllie, "the introduction of Irish and foreign fruits has of late years rendered the cultivation of orchards by no means a favourite object of industry." In 1839 THE PARISH OF CARLUKE. 429 the largest fruit tree in Clydesdale was on the Waygateshaw estate, having yielded, thirty years before, sixty sleeks of pears, equal to a produce of 3000 lbs. In 1822 forty-four sleeks of apples were gathered from a tree at Mauldslie, of the Wheelers- russet sort; and the fruit tree reported the oldest in Clydesdale, was a Longueville pear tree at Milton-Lockhart ; which, by tradition, was stated to be three hundred years old. On the agriculture of his parish the present incumbent gave, in 1839, an estimate of how its acreage was occupied, and makes the total area but fifty acres less than the recent Ordnance Survey reports it to be ; but, otherwise the figures are different, much of which may arise from the development of the resources of the parish, mineral and otherwise, within the last twenty-five years. Woods and plantations for 1839 appear for 600 acres, now they are given as 769; orchards 110 acres, now (gardens included) 131; houses 10 acres, now, say villages, 87 acres; roads 80 acres, now 209 acres, exclusive of railways. The parish, that portion excepted which lies near the Clyde, feels the full violence of the south-west and west winds, which prevail there for three- fourths of the year, and render the climate damp and cold, yet not unhealthy. Springs, in 1839, were said to be so numerous as almost to constitute a nuisance; they may be less so in 1S64, as in other districts, so bored through for minerals, water has even become scarce. Some of the springs are in repute for their curative virtues; and some are strangely named, as the Curate's Well, Dud's Well, Guy's Well, etc. The acquirements of John Wyllie, D.D., Carluke, appear to extend beyond those of theology, as he goes largely into the mineral history of the parish he has been now so long connected with ; and leave will be taken to quote freely from his report in the New Stat. Account — abridging in many cases. On the western march of Carluke the main and splint coal of the Clyde field crops out ; south-eastward the Old Red sandstone appears ; and, within three miles, the whole inferior coal seams and car- boniferous limestone range may be found. At the Law of Mauldslie, soft coal, ten feet seam, is found nearest the surface ; then two feet nine inches of the pyot-shaw seam ; five feet of the 430 THE UPPER WARD OF LANARKSHIRE. main coal, and splint coal of like thickness, but fourteen to six- teen feet under the main coal. Between the main and the splint are two seams of six and twelve inches. The dip of the strata, in the extreme south and west, is nearly due west. An exten- sive upcast mass of freestone, south by west to north, from Fiddler's-gill, by Jock's-gill, Law, and Bogside, brings the coal seams to the surface. The coal range on the Garrion, Brownlie, Mauldslie, and Milton-Lockhart lands continue rising to the south-east, the freestone upcast not affecting them. Eastward of the "fault," or upcast, is found the Carluke coal-basin. On north-west the parish, the inferior coal seams are introduced by an upcast of about fifty fathoms. At the large block of whin- stone in Jock's-gill, known as the Theafal Stane — the limestone range — appears a considerable upcast ; and at Samson's Sling- stane, a large mass of freestone in Fiddler-gill, the upcast is greater. The Carluke coal-basin appears to describe a curve, the out-croppings of the coal and lime taking a semi-circular form, north by west to east, the convexity being west and south. From the Bogside and Hyndshaw workings to those at Braid- wood may be about three miles ; and from Whitelaw Bridge to near the Belstone Bridge about two miles, the centre of the basin being near the Castlehill Iron Works. The seams wrought in this basin are the Castlehill first seam ; coal of an inferior quality; seven to eight fathoms below is a second seam of fair quality, but less thick; seven to eight fathoms below is a seam of four feet, and of good quality; four fathoms lower a two feet seam is struck, and good coal; and deeper still is a fifth seam of better coal ; deeper still, and below the first limestones, the Carluke seams are found, the first about two feet of good coal, the second, two fathoms lower, but a little thicker, but inferior in quality; eleven fathoms below, the lower coal is found. At Mashock-mill, sixteen fathoms below the Tower coal, gas coal is found, but seldom of thick- ness sufficient to pay the working. "A large extent," wrote the statist in 1839, "of the main, splint, etc., seams on the estates of Brownlie, Mauldslie, and Milton-Lockhart, on the west and south of the fault, has never been examined or THE PARISH OF CARLUKE. 431 worked/' etc. Examined and wrought to profit it would ap- pear to have been since then, as witness the great increase in value in these estates, as specially noticed before. The entire coal range in the parish consists of a succession of shales, freestones, fireclay, ironstone, etc., corresponding with those of Douglas, "Wilsontown, and Shotts. Between the coal and limestone beds is found freestone, coarse grain sandstone, etc., but all excellent for building purposes. Limestone, in workable bands, are five in number in the parish, and all under the coal, except that found at Bashaw, Gair, and Westerhouse; useful to the moorland farmer, but inferior to those in ordinary use. At King's-law, Raes, Hillhead, and Braidwood, is found lime, chiefly valuable as an application to clay soils, being highly stimulating — hot. At Hillhead, Leemuir, Harestanes, and Raesgill, a band of four feet is got, chiefly useful in furnaces for smelting iron. Lime, four to six feet thick, and of excellent quality, crops out at Thornmir, with a dip eastward; at Langshawburn the dip is north; at Hare- stanes, Braidwood, and Kilcadzow, the dip is north-east. In 1839 large tracts of limestone on Braidwood, "Waygateshaw, and Milton-Lockhart estates had not been explored, but have been since then. At Kilcadzow-law, the highest peak in the parish, the Old Red sandstone appears; it abounds with conglomerate, being for road metal better than that of the trap rocks. Ironstone is found in great abundance throughout the coal and limestone ranges, a beautiful natural section of many kinds being seen at Raes-gill, on Milton-Lockhart estate, dipping north-east. At Hillhead, near the western boundary of the Carluke basin, they are found on edge, dipping west, and bands are also found at Braidwood, Nellfield, Leemuir, Birkfield, etc. Quartz exists in great abundance in the conglomerates of the Old Red sandstone and the boulders of the alluvial clay, etc. A flag- stone of two feet six inches, lying under the first King's-law lime- stone, consists almost entirely of quartz. Agate in the Old Red sandstone, mica in layers in freestone rocks, calcareous spar in fissures of the limestone, iron pyrites in fissures of the coal, limestone, ironstone, and galena among the ironstones, etc. 432 THE UPPER WARD OF LANARKSHIRE. Calcareous tufa is found in almost every glen and gill in the track of the limestone, and bitumen often appears in the fissures of the coal and some of the limestone. The domain of the collector of organic remains will be found rich and extensive in the parish of Carluke. Abridging, as before, from Dr Wyllie. Plants. — The shale of the Castlehill first coal seems to consist of a tissue of beautiful vegetable stems and imprints of the genera Lepidodendron, Sigillaria, Cata- mites, Sphenopterea, and many others. The Stigmaria, and cones of the Lepidodendron, are got from the shale of the Castlehill second coal, and from the lower seams some of the Equisetwm tribe and leaves of aborescent ferns are got. Ani- mals. — Fishes are found entire, and vast quantities of bones, teeth, vertebrae, scales, and other exuvire have been found in the bituminous shale of the Castlehill second coal — jaws of the Megalicthys, Plesiosaurus, and Teleosaurus, etc., bones of the Pterodactylus, feet and bones of the cat tribe, dorsal spine of Hybodus, scales of the turtle, etc. The freestones abound in vegetable remains, and some remarkable animals have been found in the millstone grit series. Plants. — A very perfect tree, of the coniferous class, with its minute branches, was laid bare at Harestanes Quarry ; it was about forty feet in length, thick- ness in proportion, and the branches perfect almost as those of a Scotch fir. Animals. — Specimens of lizard-like forms, and vast quantities of "eel-like creatures" were found near Hallcraig Bridge, the forms perfect; structures like casts. The ripple mark on the laminated freestone is common. All the limestones and shells in connection, are charged with animal remains; and a beautiful encrinal marble, about 20 inches thick, and taking a fine polish, has been found at Braidwood. Trap. — A ridge of trap extends from Hillhead to Bashaw, about a mile on north-east of the parish, King's-law Hill, which consists of freestone, rising over its north-east limit. East of the trap, coal and lime are found, where the Old Red sandstone might be looked for; at west point of the trap, the foul lime- stone, with numerous bands of ironstone, start on edge, are dislocated, bend back upon themselves, and lie on either side as THE PARISH OF CARLUKE. 433 if burst in upon by a powerful agent, the whole superior strata around participating in this change. The summit of Billhead is the trap, and around its westermost point the strata is ranged in semi-circular form. The trap wrought is eighteen to twenty feet thick, the columnar form beautifully seen, overlying a shale more black than the stratum ; on the west are a few thin seams of freestone ; and the slate clay above the foul band of limestone, on which the course of the trap seems to have been arrested, is brick-like in colour. Looking from the west point of the trap, on south-east and east, the main limestone is at hand; south- west and north-west lie all the limestones, from the foul band upwards, including about twenty bands of ironstone, all at the out-crop, and on the north a large deposit of peat. The north-east corner of the parish is nearly covered with peat, in some places twelve feet in depth. It consists of a fibrous mass, trees of all sizes, generally with their roots to the west, stems of reeds, large leaves of plants, and hazel-nuts. With few exceptions, the dense clay found under the peat per- vades the district ; fine quartzose sand is found on southern base of King's-law; and near the Lee and the Clyde; but above the present river bed, extensive deposits of sand and gravel occur; at Braehead, Gills, Milton-Lockhart, etc., the soil is, like the sub- soil, affected by disintegration of the rocks, etc., but above the Old Eed sandstone it is lighter, the loamy soils being as flatts above rising grounds on holms of the Clyde, etc. At Hyndshaw, on the north-west, an ancient lake appears to have been converted into a fiat, rich soil, in some places many feet in depth, consisting of slimy layers, with islet-like projec- tions of clay. "Tradition dates its existence at no remote period," the apparent outlet being by a cut through the rocks on the west, and near it are the localities named Bogside, "Water- lands, etc. Many fathoms under the surface the course of a river was traced in the under seams of the orchard coal ; and in the cannel coal workings near it, it was again come upon, the coal there being worn through, finely polished, and the inference is that "it was a continuation of the river which flowed through the Lee valley — Lii stream." The streams or burns are many, 434 THE UPPER WARD OF LANARKSHIRE. flowing chiefly from the King's-law, towards the Clyde, and through gills or short ravines of great beauty. "The flora of Carluke is rich, as might be looked for from the variety of soil and exposure, including sheltered glens, marshes, open meadows, and moorlands." Cairney Mount, by Ordnance Index report, an arable mount, was so named, according to the New Stat. Account, from a standing-stone, "a remarkable monument of antiquity, having crowned it, but destroyed by some Vandal in his search for treasure said to be hidden under it." Coal has evidently been wrought in Carluke parish at a remote date; at the same time, the state of the mosses show that peat has been the principal fuel. Near the Castlehill Iron Works a pit was discovered, giving access to the first coal by a winding-stair, by which it was taken to the surface in baskets, remains of which were found. The main line, when near the surface, is wrought "open cast," the whole rock being taken out, but when mined, about a fourth part is left. In the preliminary pages on the parish of Carluke, a statement is made of the relative values of the estates in the district, the minor properties being numerous, but bulking for a large sum on the roll. The farms rented value for 2851, 2851., 2551, 250?., 209?., 204?., 175?., 171?., 170?, 170?, 160?, 150?, 150?, 145?, 135?, 133?, 132?, 130?, 130?, 125?, 125?, 125?, 120?, 118?, 100?, 92?, 92?, 91?, 90?, 90?, 87?., 85?, 85?, 80?, 79?, 70?, 651, 03?, 60?, 561, 51?, and smaller amounts. The domain of the Lockharts of Lee (244), lies near to the southern march of the parish of Carluke, and may be said to be in part within its bounds. The farm of Auchenglen, as noticed when describing the parish of Lanark, lies partly in that of Car- luke, but is of small account on the roll. The farm named the Hill of Kilcadzow (244-816) is as large in value as any other in the parish, but is not indexed on Ordnance pamphlet as a farm-steading, although entered as such on the valuation roll. The Hill of Kilcadzow, 1049 feet, rises near the Lanark march, east of Leemuir, and a short way west of the Carstairs border, the turnpike road from Carlisle to Stirling running by its base; and southward is the Caledonian THE PARISH OF CARLUKE. 435 Railway. The hilly character of the locality may in part account for the size of the holding; as where trade is so remunerative — public works abounding— the land, if arable, appears to get broken down into minor farms. Hole of Kilcadzow (244-976) is a farm, second in size on the estate, of considerable extent for the district, although little more than half the value of the Hill farm adjacent to it, the Hole farm being but a short way south- east of the Hill farm. No. 2220 of the Survey reports gives •883 for houses, yards, gardens, etc., at Hole — the locality is greatly different from the farm (1049) of like name on the north bank of the Elvan-water, Crawford parish. Candymill farm (1043) ranks third in value on the Carluke section of estate (244). It lies north-east of the Hill of Kilcadzow, is noted on the Survey sheet as a corn-mill, lies on verge of Carstairs parish; is called "Cannie Mill" on Forrest's map, and being a small one, more topographic information may be had from the latter than from the former name, which is also claimed by a burn and a holding in the parish of Biggar, as was noticed there. The burn of this "Cannie Mill" appears to run eastward from Hillrig, 906 feet — by Ordnance explanation a conspicuous arable ridge — and to be a feeder of the Back- burn, the latter flowing into the Mouse-water. To be designated a small corn mill, Ordnance figures show "7G0 for houses; and, close by, - 757 for garden, an area of fair extent. Westquarter farm (244-1159) is of small extent, and does not appear on map in that name. Westend, on Ordnance sheet having but •375 for houses, garden, etc. Greenbank (244-1104) farm is of size similar to Westquarter, appears on Ordnance sheet as a farm steading, lies north-east of Kilcadzow, on the Carstairs march, and near course of the Back-burn. Burnhead (244-1202) farm is of less value than was Greenbank, lies north of Leemuir, where ironstone pits are thickly laid down on Ordnance sheet, north-west of Kilcadzow, near Roadmeetings, and on the turn- pike road northwards for Stirling. Croftfoot farm (244 ) is of small size, lies north of Burnhead, and is noted on the Ordnance pamphlet as a farm-steading. Heads, Headsmuir, Leemuir and Crossgates, Butterhole and VOL. II. 3 H 430 THE UPPER WARD OF LANARKSHIRE. Meadow, are farms of small size on the Lee estate, and lie near the Lanark march, between the Lee and the Fiddler burns, near the line of the Caledonian Railway and the mineral field at Braidwood. The parks at Lee, held by the proprietrix, value for a large amount, as do the woods on the domain, with some minor entries, make up the valuation amount, but no entry appears on the roll for minerals, the workings of which have so enriched the proprietors to the north and west. Hallbar Castle, of which a drawing appears in this volume, is on the Lee estate, and has been noticed in the preceding antiqua- rian pages. The reverend statist of 1792 thus notices it: "Hall Bar, in the south of the parish, an ancient square tower, of a venerable appearance, with a battlement and garden at the top, is built upon a rock, in a picturesque, romantic, and very inac- cessible situation ; and from its form and situation it must have been a place of strength." On Ross' map for 1773 it appears as Habar Castle; while in the New Stat. Account Dr Wyllie describes "Hall Bar as a square tower, beautifully situated in a fine dell, and said to have been built in the eleventh century" the tower, embowered in wood, so finely situate, and covered with ivy, may long remain a feature of beauty in the district. The Milton-Lockhart estate (246) has gained largely by the development of its mineral wealth, as may be seen from its value as given in 1822 and in 1858-9, as before noted. Of the mansion of Milton-Lockhart, and of the fine bridge by which the Clyde is crossed within its domain, views appear in this volume, and the locality is one of the finest below the Falls of Clyde ; and, much as Nature has done for it, the hand of art and the means of a prospering family have added not a little to its attractions. On map for 1773 a mill on western bank of the broad Clyde, and a mansion entitled Milton is given, the latter with trees in great numbers about it. The statist of 1792 refers only to Milton-Mains as a farm, but in the New Stat Account Milton-Lockhart is described as "a new house, in the manorial style, and recently built from a design furnished by Mr Burn — the details taken from ancient Scottish buildings — and it is considered one of the best works of the architect. Its - CD .-q THE PARISH OF CARLUKE. 437 situation, on a peninsula which projects into the valley of the Clyde, with deep glens and wooded hills in the background, is singularly beautiful. A new bridge, of three arches, over the Clyde, has been built, on the model of the Old Bridge of Both- well/' The mansion, domain, woodlands, etc., stand high on the valuation roll for the Upper Ward, and the abode is one of extraordinary attractions — few more so in Lower Clydesdale. Milton-Lockhart is indexed on the Ordnance pamphlet " as a mansion in the manorial style;" the area of mansion, "575; of conservatories, "714; of shrubbery, etc., 2 - 246 — these figures convey a faint idea of the beauty of the place. Sandiland-gate farm (246-990) is of considerable extent, lies east of Milton-Lockhart, north-west of Waygateshaw, north of the Clyde, a ford being laid down there on Forrest's map; the soil is of the richest, the situation the finest, and very unlike the farm of like name on the lower strath of the Douglas-water. The height on Ordnance sheet is given as 528 feet; the area for houses, yards, etc., as "379; with an entry adjoining of 2 - 430 for orchard; and near it one of 56 "268 for wood — the latter on the Milton domain, but indicative of the warmth and beauty of the site. Gillbank farm (246-995) is nearly of like value with Sandilands-gate ; it lies north of Milton-Lockhart, near to Hall- craig, not far from the mineral district of the Milton estate at Eaes, and is on a glen or small gill. Eaes farm (246-1047) is of less extent than that of Gillbank, of which it lies north- east, on the verge of the Caledonian Railway, not far from, but south of the town of Carluke. Undershield-hill farm (246-1140) is smaller by one-third than Eaes. Tbe Shieldhills are on the Jock's-burn, south of Carluke, and on the Caledonian Railway line. Crawford Wells (246- 1152) or Crawford Walls farm is less in extent than Undershield- hill ; it lies eastward of Carluke, on the turnpike road for the north, and at some distance from the Caledonian Railway. Dykehead and Gill (246) are two small farms on the Milton estate, and with the valuable ironstone pits at Rae-gill, the free- stone quarries, and some other minor holdings, make up the rent roll of the Milton-Lockhart property. 438 THE UPPER WARD OF LANARKSHIRE. The noble family of Douglas (243) hold the lands of Belstane in the parish of Carluke, and have long done so, as noticed at page 418 of this volume. The minerals of Belstane, as leased by the Shotts Iron Company, form nearly half the value of the estate as given on roll for 1858-9. The farm of Belstane (249-932) is of considerable extent, lies east of the Castlehill Iron Works, and north-east of the town of Carluke. Belstane (243-1142) appears again as a farm on the Douglas estate, but of about half the value of the one last noticed. Bogside farm (243-1242) is of small value, lies north-east of Castlehill, and near the Cambusnethan march. Mosside (243) farm is smaller still in value, and in the same district. Gair (243) farm, of small rental, completes the estate roll. Anstruther, Sir W. C, of Carmichael (247), has also lands in the parish of Carluke, but the larger portion is given on valua- tion roll, 1858-9, as the property of Lady Anstruther; the farm of Law (247-896) being of large extent for the district, but in part divided apparently, as another farm of like name (247-1134) is also on the roll, the latter less than half the value of the former. The Law farms, as might be inferred from their names, stand on land comparatively elevated, and are on the north of the parish ; the interest of Sir W. C. Anstruther appears to consist in the minerals of Law, and a small amount for woods. Cochrane of Lamingtoune (249) has a large interest in the parish of Carluke, the Hindshaw minerals being valuable. Bog- side (249-891) farm is of large extent for the district, north- east of Castlehill ; and to this Bog, as it is called, the Ordnance give 847 as the elevation of the ground. Hindshaw, South (249-945), farm is of considerable size, on north of the parish, and near to the Cambusnethan march. Brownridge (249-1012) farm is of considerable extent; it lies north-east of Castlehill, north-west of Bogside, and south of Hindshaw. King's-hill (249), and part of Queen's-hill (249), are small farms, and make up the roll of the Baillie-Cochrane estate in Carluke. M'Kirdy of Birkwood (265) stands well on the Carluke valua- tion roll, Stravon or Strathavon House (249-820) being on the I 'idnance Index as a superior farm-steading, and it appears to THE PARISH OF CARLUKE. 439 be as large in rent as is any other in the parish. The farm lies north of Mauldslie, west of Carluke, south of the Caledonian Railway, and in a section of the parish where the entries of "arable" are numerous on the Ordnance Index pamphlet. There is another farm (249-950), given as Waterside or Water- lands, of considerable size; a smaller one, Birks (249-1181); two others smaller still, with a share of the coal-field at Law, make up the Birkwood roll in this parish. The Coltness Iron Company (268), besides the valuable mine- rals they are rated for, have the farm of Maryfield (268-1053), which is of considerable size; but the other holdings of Birk- field, Gallowhill, Road-meeting, Wilton, etc., are of small amount. The Shotts Iron Company (269), their minerals included, stands higher on the valuation roll than any of the landholders in the parish ; their farm of Whiteshaw (269-850) is of large extent, and fourth in rental value in the district ; as Whytshaw it reads on Ross for 1773, when Castlehill had no appearance; on Forrest for 1815, it is placed a short way west of the kirk of Carluke, with Kirkton on the south-east and Hallcraig on the north-west; but, well as it stands on the roll, it has no place on the Ordnance sheet, although the homestead is given on the pamphlet Index as a large and superior farm-steading. The farm of Castlehill (269-1144) is of fair extent, and north of Carluke. The entry for workmen's houses is of large amount; and numerous other minor holdings make up the valuation record. The Orchard estate (271) stands well on the Carluke roll, the mansion, grounds, orchard, woods, etc., in hands of the pro- prietor, being of considerable value — the pasture on Orchard estate bringing a large rental ; but greater than all these together is the revenue drawn from the iron and lime wrought at Lang- shaw. Lower and Upper Langshaw being two farms on the estate, but of small value, as are the holdings at Cowangleu, Orchardhill, etc. The site of Orchard House is a fine one, near to the Clyde, opposite Nethaufoot, across the river, at Crossford, and in the fruit-bearing district of Clydesdale. Kirkton estate (286) is an old one, and possessed by a family of standing in the adjoining Ward. There appears to be but 44-0 THE UPPER WARD OF LANARKSHIRE. one farm (286-1032), that of Carluke, of much agricultural value on the estate; another at Hareshaw (286-1237), of small size, and one at Hillhead of like value ; but the entries for houses, etc., are numerous, and valuable, being so near the town of Carluke; the woods of Kirkton book well on the roll. The Mauldslie estate (287) is of moderate value, small for the magnificent abode which adorns Clydesdale there, and of which a view appears in this volume. It shows magnificent, but com- pared with Carstairs, Lee, Milton-Lockhart, Birkwood, or Stone- byres, it shows but moderately on the valuation roll. The reverend statist of 1792 writes that Mauldslie was then in course of erection by the Earl of Hyndford; and Dr Wyllie, in 1839, states that the "Castle, which was built from a design of Adam, is a turreted structure of great elegance, situated in an extensive and richly -wooded park, through which the Clyde flows for upwards of a mile." Burke, in his recent work, entitled, "Visitations," etc., in noticing what he terms the "fine baronial mansion," adds: "Nothing can be more picturesque than the situation of Mauldslie, on a fair and smiling meadow, close to the broad stream of the Clyde, and adorned with a lovely back- eround of hills, covered with orchards and woods. The scene is a perfect picture of natural beauty and fertility ; and it is one of the most pleasant spots in Scotland.'' Burke is not over-flat- tering as to the architectural claims of Mauldslie, declaring it to be "built in the worst possible taste; being a large square mass, flanked with round towers, and a few pepper-box turrets, the roof surrounded with battlements; yet, notwithstanding the ineffectual attempt at Gothic imitation, it is a striking building, and has an imposing appearance when seen from a distance, rising proudly on the lovely banks of the broad and clear river, and surrounded by extensive lawns and wooded slopes. The interior is in no way remarkable, though it contains several handsome rooms." The antiquarian claims of Mauldslie, its former owners, and the storied mounds near it, have been fully noticed in preceding pages of this volume. The orchard of Mauldslie is on the roll for a fair amount, the ids for a larger sum; and the farm of Mauldslie, which is in THE PAEISH OF CAELUKE. 441 hands of the proprietor, is of considerable value, the land being fertile, warmly sheltered, and for a century past well cared for. . lauldslie Mains (287-947) is of considerable extent, north-east of, but near the policies, and is rich in soil. Waygateshaw estate (291) stands higher on the valuation roll than does Mauldslie, from which it is a considerable distance off, on the south-west. Waygateshaw is given on Ordnance Index as a "plain dwelling-house;" but within its area is incorporated a tower of great age, as elsewhere referred to. The mansion is well placed above the Clyde ; and the wood and farms of Way- gateshaw, Waygateshawhead, Wellriggs, Oldhill, and Meadow- head, were, in 1858-9, all in hands of the proprietor, who drew a large revenue from the ironstone raised at Oldhill, that farm lying between Meadowhead and Waygateshawhead. The Braidwood estate (299) is of no great extent, but the mansion was described in 1839 as "occupying a commanding situation on the high ground which overhangs the vale of the Clyde, and is a commodious and handsome structure." In the valuation roll for 1858-9, it stands high as a first-class mansion. The woods are of considerable value, but the lime and ironstone more so, though moderate compared with others already noticed. Bushelhead (299-1123) farm is of fair extent ; the farm of Meadow is small ; and there are other entries which make up the estate roll — the Railway has a station there. Gillfoot estate (312) is small, and draws near half its revenue from the gas-coal at Chapel, a farm of small extent ; and Gillfoot, of moderate value, is on Ordnance Index, a superior farm-stead- ing, as should be, when held by the laird. Springfield estate (326) lies on the verge of the parish of Carstairs, north-east of Wester-house ; on Forrest's map appears, in 1815, to have been held by a Mr Curry, is now in other hands, with a valuation roll entry of a fair amount for wood ; and remainder of rental from (326-839) so considerable in size as to be the third in value on the roll. The Hallcraig estate (327) is compact, of moderate value, has a first-class mansion on it, and great part of its value appears to lie in grass parks " let to tenants for less than one year." The clay field, on the 442 THE UPPER WARD OF LANARKSHIRE. property, is valuable, and the houses at Scoular-hill yield well. Hallcraig is warmly placed, having Mauldslie on the west, Milton-Lockhart on the south, Carluke on the north-east; and in the Statistical Account for 1793, is described as a "modern house at present, but on the promontory of the rock on which it stands, it appears that there was formerly a place of strength, from which it has got its name. A part of the old hall is yet visible on the pinnacle of the rock, and vestiges of walls and vaults have been discovered within the garden, and a causeway leading to the point of the promontory." Brownlie appears twice on the parochial roll as estate (333) and (347). Brownlie, West (333), lies north-east of the Clyde, near to Mauldslie, on the Cambusnethan march, in a rich and well -sheltered district. The mansion stands well on the roll, and the Woodlands, the larger half of the estate, appear to be in hands of the proprietor, the small farm of Shawfield on the north, and some minor holdings, make up the estate roll. Brownlie (347) appears on the valuation roll for house, grounds, and farm for the larger half of the estate value, and in the Ordnance Index, Brownlie is given as "a neat little cottage;" the small farm of Middlehope, and the pendicle of Jollyfield, with some minor entries, make out the property. The minor properties in Carluke are, as before noticed, numerous, and some reference will be made to those of affricul- tural or mineral value ; the entries in Carluke town for shops, houses, etc., being too many to be particularised. Brackenhill estate (384) is chiefly let; Catcraig, 376, 417, is let also; Cat- craig, Mashock-mill, Millwood farm, etc., being on the pro- perty. Gills, 3G3, has the small farm of Yett upon it, but its larger value arises from limestone. Middlehouse, 387, is let as farm 387-966. Beansheils, 489, consists by one-half in the small farm of that name, occupied by the owner. Cold- stream, 475, is one-half let in farm of the name, and rest is in small holdings. Craighead, 432, consists chiefly of farm of that name, and occupied by the owner. Eastquarter, 429, is let as a farm. Easter-seat, 472 and 486, farms, are occupied by the owner. Gladdenhill, 488, is let as a farm. THE PARISH OF CARLUKE. 443 Gowanside, 459, farm, occupied by the owner. Hillhead, 481, one-half occupied by owner as a farm, and remainder worked by him as a clay field, brick and tile work. Nellfield, 387, farm of that name let for near half the value of estate, and rest in small holdings. Stockwell, 452, farm, occupied by the owner. Tanhill, 431, two-thirds let in a farm of the name, the rest small holdings. Tupenhill, 441, farm, let and owned by Lord Belhaven. Wester-House, 341, in the family for cen- turies, two -thirds let. Yieldshields, 422, two -thirds held by owner as a farm, the rest let. The villages of Braidwood, Kilcadzow, and Yieldshields had, by census of 1841, a population of 234, 100, and 66; by census of 1861, the village population of the parish is not given, but the landward population are given as 3065, that of the town as 3111, the figures for 1851 having been 3438 and 2845, showing a decrease in the landward dwellers, caused by the temporary depression of the iron trade. The town of Carluke is a burgh of barony, and of recent im- portance, the statist of 1793 informing his readers, that "about twenty-four years ago it consisted of but four or five houses, with little trade. It is now advanced to a large and decent village; there are in it butchers, etc., haberdashers, etc., and even some milliners in the town, or near to it." By the useful little almanack published at Lanark for the Upper Ward, there are seen to be five resident Justices in the parish. The Established Church, the Free one, one each U.P., Original Secession, Congregational, and Roman Catholic Churches. Schools — the parish one, with side schools at Braidwood, Kil- cadzow, Law, and Yieldshields; two schools in town, a female school, and a Roman Catholic one. Police — a Serjeant and a constable ; sheriff-officers, two. Banks — the British Linen Com- pany and the City of Glasgow, each with an agent and an accountant; a Savings Bank. Physicians, four; surgeons, two. Inns, four — two with posting and two without. Libraries — the Carluke Subscription ; and Braidwood and Yieldshields have libraries each. A gas company, a Bible society, useful know- ledge society, agricultural do., horticultural do., society for relief VOL. II. 3 I 444- THE UPPER WARD OF LANARKSHIRE. of aged females, a friendly society, freemason club, artizan do., and an abstinence society. The qualified parliamentary electors for 1863-4 were — proprietors 126, tenants 56. The reverend statist of 1792 reports of his flock that "their character, in general, is very respectable ; that after thirty years' living among them he can with truth say that they are, in gene- ral, of good understanding, moderate in their means, and of humane disposition; profanity, drunkenness, swearing, dis- honesty, etc., are by no means prevalent." The genus navvy had not been then imported into the district, ironworks were in their infancy— those nearest being in the parish of Carnwath, and the mills, those recently erected at New Lanark— hence heavy pays were unknown ; the worthy minister observing, that "though we are so nigh public works as to insure the sale of every commodity, we are separated at such a distance from them as to be less in danger of having the younger people corrupted by them in their morals and principles." The statist of 1839 gives his people credit for " a certain knowing shrewdness, which, whilst it would scorn an actual breach of honesty or morality, is apt sometimes to sail so very near the wind, as apparently to place strict honour in some danger." Again: "The extensive introduction of strangers are obviously bringing along with them much of the profligacy and laxness of principle so frequently found in advanced society." In 1839 Dr Wyllie reports that "the houses of no village in Scotland can exhibit a more comfort- able, and at the same time substantial appearance than do those of Carluke." Railways have reticulated the parish of Carluke since 1839, and it might be instructive to know what the reverend statist would now report of the habits of his flock — society being certainly "more advanced." A. M. * l s " aaaiKa v a it i s n ■ l). The castle has long ago been demolished. Some of the carved stoic-, preserved at Carstairs House may possibly have belonged to it, although the most part of them must certainly be assigned to the ancient church. Tin village existed as early as the twelfth century, and appears THE PARISH OF CARSTAIRS. 459 to have been a burgh of barony. In 1609 the Parliament, "taking into consideration that the town of Carstairs, pertaining heretablie to William Lockhart of Carstairs, being upon the hie road and way that leids from many places of the south and west to Edinburgh, Linlithgow, and other places, and there being diverse convenient change-houses and lodging-houses in the said town, the same is a convenient place of keeping fairs therein, and there would a great deal of good and profitte arise to neigh- bours thereabout, and to diverse others of His Majesty's leidges, if there were ane warrand granted for holding of fail's yearly in the said town : Gave and granted to the said William Lockhart, his airs, and successors, three fairs yearly, to be kejDt and holden within the said town of Carstairs; the first upon the 18th July, the second upon the 20th September, and the third upon the 1st November, yearly, in all tyme coming; for buying and selling of horse, nolt, sheep, fish, flesh, meill, malt, and all sort of granes, cloath lining and wollen, and all sort of merchant commodities" (Act Pari, VII, 559). Historical Events. — Two of the inhabitants of Carstairs appear to have taken, in some way, a more than usually prominent share in the events of the period between the year 1638 and the Restoration in opposition to the royal cause, as James Brown, in Carstairs, and James Logan, in Strawfranks, were, by the Act of Indemnity passed in 1662, excluded from the benefit of its provisions until they had respectively paid a fine of =£'240 (Ibid, VII, 422). Mossplat, in this parish, was the scene of the death of a straggling Royalist soldier during the Covenanting disturbances after the Restoration. Walker, the well-known Cameronian pedlar, gives the following account of this transaction, in which he was an actor: — "Francis Gordon was a volunteer out of wickedness of principles, and could not stay with the troop, but was still raging and ranging to catch hiding, suffering people. Meldrum and Airlie's troops lying at Lanark, upon the 1st day of March, 1682, Mr Gordon and another wicked comrade, with their two servants and four horses, came to Kilcaigow, two miles from Lanark, searching VOL. II. 8 M 400 THE UPPER WARD OF LANARKSHIRE. for William Caigow and others under hiding. Mr Gordon, rambling through the town, offered to abuse the women. At night they came a mile further to the Easterseat, to Bobert Muir's, he being also under hiding. Gordon's comrade and the two servants went to bed, but he could sleep none, roaring all night for women. When day came he took only his sword in his hand and came to Mossplatt, and some men (who had been in the fields all night), seeing him, they fled, and he pursued. James Wilson, Thomas Young, and myself, having been in a meeting all night, were lyen down in the morning. We were alarmed, thinking there were many mo than one. He pursued and overtook us. Thomas Young said, ' Sir, what do you pursue us for?' He said he was come to send us to hell. James Wilson said, 'That shall not be, for we will defend ourselves/ He said that either he or we should go to it now. He run his sword furiously through James Wilson's coat. James fired upon him, but missed him. All the time he cried, 'Damn his soul/ He got a shot in his head out of a pocket-pistol, rather fit for diverting a boy than killing such a furious, mad, brisk man, which, notwithstanding, killed him dead. The foresaid William Caigow and Robert Muir came to us. We searched him for papers, and found a long scroll of sufferers' names either to kill or take. I tore it all in pieces. He had also some Popish books and bonds of money, with one dollar, which a poor man took off the ground, all which we put in his pocket again. Thus he was four miles from Lanark and near a mile from his com- rade, seeking his own death, and got it" (Biograph Presbyter, I., 308). In spite of the studied silence which he has preserved on the point, there can be little doubt that it was Walker who fired the fatal shot. This, when we remember that his narrative was written after the Revolution, coupled with other instances of evidently intentional ambiguity in the account, deprives its details of much of that reliance which would otherwise have been placed on them as proceeding from an actor and eye- witness. On account of his share in the transaction, Walker was arrested in June, 1684. After being several times examined by the Council, he was sent prisoner to Dunottar Castle, from THE PARISH OF CAESTAIRS. 401 whence he was, in the August of the following year, removed to Leith; from whence, however, he made his escape on the evening of his arrival {Ibid, Preface). In 1706 the parishioners united with those of Covington and Symoutown in subscribing an address to Parliament against allowing an Union with England in terms of the proposed Articles (Ibid, XL, 322). CAESTAIRS PARISH Occupied but a very small space in the Old Stat. Account of Scotland, as the reverend statist had been so briefly settled there that he appears to have been ignorant even of what his own stipend might be, guessing it at "about £50 in money, and three chalders of victual." Some of the items of information are curious. Tenants paying rent above £50, i?100, and <£200, are given as six, four, and one; by valuation of 1858-9, they appear to have been six, four, and nine ; the rental then about £'2000, now nearly ^8000. The reverend statist of 1839 devotes a fair space to the description of his parish, informing that leases, in general, run nineteen years, "but many farms in the parish were let for fifty-seven years by the late Mr Fullerton, and at amazingly low rents, which in the present day have no proportion at all to the advanced price of land;" these low rents "tending to foster indolence and slovenliness, and operate as a direct hindrance to every species of improvement;" "farms where the rent has doubled, the land is found to be in much better circumstances." The rent in 1839 is stated to be nearly i?5000, and as the long leases run out "a greater advance will take place" — and has taken place. The statist just referred to is somewhat loose as to figures, giving, at page 547, the area of the parish as 11,840 imperial acres; and at page 550 he states that 9936 are fertile, 1500 pasture (rough), 500 pasture of a better sort, four are undivided common, 400 wood — summing- up for 12,340; while by recent Ordnance figures there appears to be within half-an-acre of 9900 acres! The minister of 1795 462 THE UPPER WAED OF LANARKSHIEE. reports that of horses there were 211, cows 396, sheep 790, ploughs 40. His successor, in 1839, gives no information of that class; but in 1795 servants — male 68, female 73; day- labourers 34, are reported; and in 1839 they are given as — males, upwards of 23, female 92, labourers 48, with a farther entry of labourers employed in agriculture as 54, but his figures, like his areas, are inexact — non-instructive. On map for 1773 a mansion among trees is shown, but no name appended. In Forrest, Carstairs House, Fullerton, Esq., appears; and the statist of 1839 is lavish in his praise of the proprietor of the parish — his patron, informing us that the farms, "since he acquired the property, have been so improved as to wear a totally different aspect; that he takes a deep interest in all agricultural improvements, and has exhibited them on his own home farm to a very great extent; that it is not saying too much to affirm that his residence in the parish has proved a blessing of no ordinary character, as, besides affording constant employment to the labouring classes, and striving to render their situation comfortable, he takes every opportunity of discountenancing vice and promoting true religion" etc. The present proprietor is said by the natives to have given a "ton of images " to the Catholic Chapel at Lanark ; and, such would not have been his father's way of promoting true religion, the late Henry Monteith having been an elder of the Church of Scotland, and one of the most zealous of the colaborateurs of Dr Chalmers when he tried, in Glasgow, to " excavate the masses," out of the "heathenism of irreligion." There appearing uo notice of the Monteith family in the antiquarian pages of this Work, it may not be out of place to notice that the father of the present proprietor was "his own ancestor," having, it may have been, risen from the loom, like the philanthropic David Dale of New Lanark. Whether or not, he was one of the most energetic, prosperous, and philanthropic of the citizens of Glasgow in his day and generation, the statist reporting him to be alike dis- tinguished "for public spirit and active benevolence, whether engaged in mercantile enterprise, in the senate, or enjoying honourable retirement." The son gave early promise of being THE PAKISH OF CAESTAIES. 463 also a man of mark, having, when little more than of age, con- tested, but without success, the city of Glasgow; but his desires appear to point another way now, though with such territorial importance and commercial status, he might well have followed in the footsteps of his right worthy progenitor. The situation of Carstairs House is one of great beauty, although indifferently seen, the district being so level; but the view offered in this volume shows it to be of magnificent proportions, great architectural pretensions, and few mansions in the Ward show higher on the valuation roll. The statist of 1839 describes it as "embosomed amidst forest scenery, on a bank sloping gradually towards the Clyde, and a magnificent mansion in the Gothic style, the surrounding houses, the shrub- beries and plantations, the avenues, and the approach from the village, being all laid out in the best taste, kept in the best order, and adjoining the house is a large and rich garden, well planted, and completely sheltered on all sides, and pro- ducing almost every variety of fruit." The traveller, by the Caledonian Railway, on emerging from, or when approaching near to the Carstairs Junction station, can have a glimpse of the mansion and domain of Carstairs, as it lies southward of the line, but close upon it, the extent of young plantation being great, the railway cutting moderate, and the soil apparently mossy enough. The lawn at Carstairs House contains some fine trees ; and below it, near to the river Clyde, is a long avenue of beeches, terminated on the east by a mausoleum, the burying-place of the Fullertons, from whom the late proprietor acquired the estate. This structure is in shape of a small temple, on a rising ground, and is a fine ter- mination to the vista of beech trees. Ordnance Survey figures give 3"611 for mansion, ornamental ground, etc.; 1024 for gar- den, with a crowd of entries of park, arable, wood, etc.; in detail, indifferently instructive, but fairly topographic, when analysed and summed up, as has been done for these pages, and the result reported, the large area of ornamental ground being nearly all on the domain of Carstairs House. The farms on the Carstairs estate (261) are many of them of 4G4 THE UPPEK WARD OP LANARKSHIRE. large size, and the tenants well looked to, as the property is under factorage of a proprietor who holds in his own right nearly a whole parish on the eastward march of the Ward, looks to the greater part of the land between Duneaton and Evan-water, and is well reported of by those under him, as has been before referred to ; but has no great claim on the writer of these pages, as the cost of illustrating his home, and emblazou- ing his heavy shield, has been twice the value of the book he liberally subscribed for. The "Biggar Book" and the "Annals of Lesmahagow" have surely spoiled the Upper Wardites, lead- ing them to expect that the penman is honoured in being permitted to " describe or delineate " their district. Fame or name may be all well enough for those who flatter themselves into the belief that they deserve the one, or can earn the other, and it may savour of Glasgow to expect that paper should be paid for, printers recompensed, and even a fair sum earned for hard labour — mental, corporeal, or both. The farm of Corbiehall (261-772) is of first-class size in the Upper Ward, and highest in rental in the parish of Car- stairs. Corbie, in Scotch, is raven in English — a bird of evil omen in estimation of the natives of old, and a Roman encamp- ment being there, the aborigines may have honoured the eagle as the raven, and owned no love for the bird. The farm lies between the domain of Carstairs, the estate of Westbank, and in the lower or fertile section of the parish. Columbia and Hills farm (264-794) is of large extent, and lies north of the village of Carstairs, inland of the Caledonian Railway, and in a district described by the statist of 1839, as where " the surface is diversified to a considerable extent with a multitude of roundish sand knolls, varying indefinitely in shape and height, some of them being only fifteen, others more than sixty feet above the general level, the hollows, in some cases, being completely land-locked, have become mosses, from the remains of old woods, the aggregation of vegetable remains blown into them by the wind, and the growth and decay of plants peculiar to such spots." The Columbia range of hills show well as they swell gently northwards from the railway, THE PAETSH OF CARSTAIRS. 465 the elevation being moderate, the surface under cultivation, and the hollows between the short range, although of moderate depth, being sufficiently marked. Nethertown (261-868) farm is of large size, lies well up the parish, south-east of Mossplat, south of the Back-burn, near the Cam wath march; but why called Nethertown does not appear. Strawfrank (261-384) farm is of first-class size, and, as elsewhere noticed, was of old of district importance; it lies near to, but south-west of, the Carstairs junction, and the village so rapidly rising there will find a ready market for the dairy produce. The homestead is of superior appearance, and being so near the Carstairs policy, the shelter is good. Ryeflat (261-878) farm, like Strawfrank, has a place in parochial history; it is of con- siderable extent, on the Carnwath march, and the flat, mossy section of the parish ; Cranley-loch lying to the west, the Eed-loch on the south, and Ryeflat-moss on the north. Eastend (261-882) farm is a little less in value than Ryeflat; is given on Forrest as Eastfield; it lies west of the Through-burn, on the Carnwath march, north of the Back-burn, in the upland part of the parish, and a short way from the highway from Lanark to Edinburgh, Newhouse (261-949) farm is of moderate size; is laid down on map by Ross, Forrest, and the Ordnance sheet; lies on the road from Lanark to Carstairs, and may have been so named from being one of the earlier of the improved homesteads in the parish. Cockridge (261-984) farm is rather less in value than Newhouse. On Forrest a hill is shown, named Cockrig, and on Ordnance sheet the height appears to be 726 feet, no great height, but crowning the ridge by the roadway for Edinburgh. The Ord- nance Index pamphlet for the parish of Carstairs is of the non-instructive set, the names of places not inserted, and render- ing it all the less easy to localise the entries; the district is a bare one, fairly fenced, but not over-fertile. Cowford (261-1131) farm is of moderate extent, north-west of the village of Carstairs, on bank of the Mouse-water, near the track of the Roman road, where the bovine herds may have been driven across the stream, and in a district fairly fertile. Silver- muir, or mines (261-1168), farm is of small size, east of the 466 THE UPPEE WARD OF LANARKSHIRE. Lanark march, and in the nmir by the turnpike there, and where silver may have been lost, but is not like to be mined or found. Abbey and Whitecleugh (261-1170) farm is next in value on the roll, stretches along by the Whitecleugh-burn, and where the district is bare of shelter. Sheafyknowes (261-1179) farm is of like class as the one last noted, lies near midway between the Lanark and the Carnwath march, is west of Cranley-moss ; but what claim it may have to its quaint designation is hard to divine. Brownriggs (261-1232) farm is of small size, west of where the Dippool flows into the Mouse-water, the height given as 685 feet; on Forrest, — Smith, Esq., appears as the owner; and the statist of 1839 alludes to the pretty cottage of Brown- rig, on the Mouse-water, as being about to be occupied by a Lord of Session, of name same as that of the former proprietor of Carstairs House. Windyshields (261-1260) is another small farm, west of the Mouse-water, and in a district which, from the Ordnance map, appears to be fairly sheltered from the winds. Cranley (261) is a farm still smaller in size, and near to the extensive moss so often referred to. The grass parks, let to tenants for less than one year, in the Carstairs domain, show for a large amount in the valuation roll, as does the land under wood, and to be looked for near a man- sion on an estate, and in a district of such pretensions. It was one of the schemes of the late proprietor to improve the interests of his tenantry, to turn the clay on the ground to good account ; and the tileworks erected by him, then new in the county, are in extensive operation. Hangingshaw, Homefaulds, Knowes, and Eavenstruther, are farms on the estate, but of small extent; and the pendicles of land, minor holdings, crofts, and fields, in and near the village of Carstairs, are indicative of the improved character of the locality. The reverend statist of 1 839 informs us that "before the estate of Carstairs fell into the hands of the late Henry Monteith, the inviting appearance which the village wore at a distance, was miserably mocked on entering it by the peat-stacks and dunghills obtruded on the view." "These nui- sances were removed at his expense, and in their room appear neatly-enclosed gardens, tastefully laid out, and decorated with THE PARISH OF CARSTAIRS. 467 ornamental plants and culinary vegetables, which regale the eye of the passenger, and afford profit to the tenant." The passen- gers were those by the daily coach between Lanark and Edin- burgh ; and the village, seen well on the rising height north of the Caledonian Railway, still deserves the good report made of it in 1839. A small farm, crofts, fields, lands, in and near the village of Carstairs, appear on the Monteith rent roll, indicate the agricultural character of the district, and also the liberal manner in which the present proprietor deals with his tenantry, for he appears to be in excellent repute among them ; and right and well it is that county magnates should be esteemed — it is one of the duties of their station so to deserve. The Lockharts of Cleghorn estate (245) stands second on the valuation roll for the parish of Carstairs, and the entry for woods is of small amount. Harelaw (245-797) farm is of large extent, appears on map for 1773, at which date there is no turn- pike shown as running that way ; now that eastward for Wilson- town passes the homestead, which is a large one, stands high, and has little wood about, the few old trees excepted, which are ordinarily found in such localities. Harelaw is about a couple of miles north-east of the village of Carstairs, north of, but near to the parish of Carluke, and not far from the Lanark march. Falhills and Muirfoot (245-895) farm is of considerable extent, lies north-east of Harelaw, south of Cockrig, on the Back-burn, and near its junction with the Mouse-water, the district being an upland one. Stabbilee (245-1138) farm is of no great extent, on the south-east section of the parish, the Lanark march, and the Caledonian Eailway. Muirhead, Stabbiemuir, and Whitelees, are small farms, and make up the Cleghorn estate (245) roll for the parish of Carstairs. The Lockhart of Lee estate (244) has in this parish one farm and mill, named Sh'od's Mill, which is of moderate extent. The farm is given on Forrest as Shothill, and the hill appears to be on the Mouse-water, near the Dippool junction and the Carn- wath inarch. On Ordnance sheet Shod's-mill Moss is laid down hard bye, and the elevation of Shod's-hill given as 720 feet; that of the Mouse and Dippool as 685 — showing a fall of VOL. II. 3 N 408 THE UPPER WAED OF LANARKSHIRE. sufficient height to give fair water power. Muirhouse (244) is a small farm, and north-east of Shod's-mill. Estate 284, that of Buchanan of Drumpeller, farther down the shire, consists, in large part, of the farm of Mossplat (876), a locality noticed at page 417, in the northern section of the parish, near the Carluke march, at no great distance from that of Carnwath, above the Back-burn, with Corn hill on north-east, and Netherton on south-west. Westertown (284-1230) is a farm of no great extent, on the southern bank of the Back-burn, south-east of Mossplat, and west of Netherton. Braidhouse, Bridgend, and Westermains, are small farms, and make the Drumpeller estate roll in the parish of Carstairs. Birniehall, given as a sheep farm (791), is on estate 315. Hamilton of Dalserf, lies on the north-east section of the parish, the Carluke march, near that of Cambusnethan, and south of the Black-hill, the latter given as 1029 feet in height, the hill of the parish, but on the extreme north. The shootings on Birnie-hall, or hill, were valued in 1858-9 at 40s. The Westbank estate (323) is of moderate extent, was farmed by the owner, recently dead, is on south-west of the parish, near the Clyde, on the Lanark border, and in a picturesque locality. The statist of 1839 informs that "a former channel of the Clyde, of no very recent date, is to be seen on the Westbank property, having the appearance of a winding lake, so overgrown in some parts with reed and marshy grass, as to have consolidated into a sward, capable of being cut by a scythe — the mower, to make his footing safe, fastening flat boards on his feet; in other parts it still remains limpid and deep, forming pools for the pike, and a quiet retreat for wild ducks and other acquatic birds." On Forrest's map the place referred to is shown as a lake, and on Ordnance sheet it so appears also, of no great breadth, but horseshoe-like in form. Some small properties in the village of Ravenstruther make up the Westbank roll. Gowanhill estate, 359, appears to be occupied by the pro- prietor, who is of the name of a family centuries ago paramount in the adjoining parish of Carnwath. Covenhill, the place is named on Forrest — he was exact in all entries — lies on north-east THE PARISH OF CAESTAIES. 469 of the parish, near to the Carnwath march, is a short way east of where the turnpike from Wilsontown and Forth enters the parish of Carstairs, and the owner on map for 1815 is named Somerville, as on the recent valuation roll. New Mains, 453, is a farm, occupied by the owner, of small extent, appears in 1815 as held by the same family, is on east of the parish, on the Carluke march, and northern bank of the Back-burn. The village holdings in Carstairs and Raven- struther are neither great in number nor in value. The popu- lation of the village of Carstairs was, in 1841, 350; in 1861 it was 450; the increase arising in great part from the Carstairs Junction station being so near at hand. The statist of 1795 reports that "a new and elegant church has been built this season, 51 feet by 32 within walls, with an aisle and gallery; the side wall 20 feet in height, and the steeple 53, and it is all to be finished in a proper style." The statist of 1839 states " that the church has 430 sittings, all divided among the heri- tors ; the families in the village having no right to sittings, com- plain, and some of them have left the Establishment." The minister of 1795 wrote that "his parishioners all adhere to the Church of Scotland, a few persons in the extremity of the parish excepted, who find it convenient to attend a Burgher meeting at Davie's Dyke." In the New Stat. Account of 1839, the minister informs that " an elegant and commodious manse, with offices and garden wall, was built in 1820, on a new and very eligible site, about five minutes' walk from the church, and that the glebe contains about thirteen acres, including the ground occupied by the manse, garden, and offices." Robert Monteith, of Carstairs, is the resident Justice of the parish; and there is a Free Church missionary labouring in the district. The schools are two, that of the parish, a good one; with a female teacher employed in the village of Ravenstruther; and, recently the Caledonian Railway Company have provided excellent school accommodation at their station at Carstairs Junction for benefit of those they employ there, and whose number is year by year increasing — Carstairs promising to be on the line in Scotland what Crewe has long 4.70 THE UPPEE WARD OF LANARKSHIRE. been on the North-Western Railway in England. Two physicians are settled in the parish. There is an inn at the junction station, a superior refreshment room, and a public-house in the village of Carstairs. The statist of 1795 reports that there were then four licensed publicans in his parish, and his suc- cessor, in 1839, puts on record "that there is not a drunkard in the parish," a rare report — if true. There is a good library at the village, one also at the station, and the "new's agent" — known to most travellers on the line as a sober, but a " merrie man," alive to his work, liking his work, and thriving by it. The north-eastern part of the parish, through which the Mouse flows, is bare — a dreary flat — but once covered by a magnificent forest, proofs of which are found in the deep and extensive mosses of the district. Near Brownrig, on the Mouse, the river banks become precipitous and rocky, the sandstone greyish and friable ; limestone is found, and whinstone, the latter in abun- dance, but not quarried to much extent; but the brick-clay, on north-west of the Mouse, is excellent. From the sandy nature of the soil in most spots, snow disappears more rapidly than in the parishes on east or south. The reverend statist of 1795 reports that "gardening was carried on with great spirit, and to as high a pitch of perfection as the nature of the climate will admit." At Carstairs House, "not only the fruits that are common, but grapes, pine apples, melons, and everything which the country can produce in that way, are raised in great abundance ; the tea, the coffee, and other foreign plants have been tried, and thriven beyond expectation " — in hot- houses, it may be presumed, although not so in the text. In 1795, there were said to be in the parish — gardeners 6, smiths 6, tailors 10, wrights 12, shoemakers 14, weavers 23, publicans 4, and shop-keepers 4; in 1839, the report gives — males em- ployed in manufactures 18, retail trade 18 ; wholesale merchants, professional persons, and educated men, G ! The minister, the schoolmaster, and the doctor would, of course, claim to rate as "educated men;" but who the "wholesale merchants" could be, is hard to guess. A. M. ■IgT __2^z^ ^^m^wtule/ o p tlBERIOU »" SH THE F jwssrstjiBSii CARNWATH PARISH Is of large extent, being, sinking fractions, as 30 to 15, in Car- luke; 26, Crawfordjohn ; 34, Douglas; 41, Lesmahagow, or 68, in Crawford. From the Clyde, at Lampits-ford, on the south, to the march of Edinburghshire, east of Kircurrin-hill, on the north, is, measured on Forrest's map, within nine miles; and from the Dunsyre march to that of Carluke about seven miles ; but, farther south it is', on the average, about five miles from east to west ; the reverend statist of 1793 gives the extent of his parish as twelve miles from south to north, and eight miles from east to west; adding, "its form is pretty regular, being that of an oblong- square, one corner excepted," etc.; the statist of 1834 reproduces these figures. The maps engraved for this Work give precise idea of the form, and Ordnance Surveys of the area. The recapitulation of Ordnance measurements give 30147'632 for land, 118793 water, 219-261 roads, 79'258 railways- total 30564 "944 acres. An analysis and summation of the 2226 entries on the parish show the leading results as — marsh 30*441; moss and rough pasture, 4357'746; meadow, 84-938; arable, 16526 '001; heathy pasture, 3117 291; rough pasture, 4066-292; wood, 1296 '794; shrubbery and wooded slope, 24500; the Clyde, 23-280; Dippool and Mouse-water, 24-520; burns 24-324; lochs, 34-624; roads— county, 64-822; parish, 126-519; turnpike, 27-920; ornamental ground, 8'214; houses, 113 - 679; gardens, 80-922; limestone pits, 5 - 788; brickwork, 5 913; quarry, 6 "687; waste, 23 - 992; and minor entries; but all fairly topo- graphic of a district which is not picturesque. Lambcatch, 1 121 feet, on the northern march, appears to be the hill of the parish; U.P. Church at Climpy, 1013; the hill south- east of the village, 799, with a dreary upland length eastward, on the Edinburgh road, locally known as the Langwhang-moor. 472 THE UPPER WARD OF LANAEKSHIPvE. As before noticed, the source, and great part of the course, of the Mouse-water is in this parish, and its chief feeder, the Dippool, is also of considerable size ; while the South Medwyn divides the parish from that of Dunsyre on the east. The roads in the parish are many; the turnpike from Lanark for Edin- burgh and the Caledonian Eailway bisecting it. The population of Carnwath, given in 1755 as 2390; was, at census of 18G1, found to be 3584 — an increase small compared with that of Carluke, Lanark, or Lesmahagow; but above the average of those parishes in the Ward which are chiefly agri- cultural; the mineral fields of the north-east, in the Wilson- town section of the parish of Carnwath, accounting for the partial prosperity of the parish. The statist of 1793 estimates the rental of the parish (226) at 50001. ; for 1858-9 it was 17,0222. 2s. 5d.; for 1863-4 22,0262. 5s., exclusive of a railway rating of 15,2681. 0s. 6c2.; as, like Crawford and Lesmahagow, the mileage of the Caledonian Railway is large there, and greatly beneficial for the heritors. The very considerable increase in value between 1858 and 1863, arose from the mineral wealth of the Wilsontown district having been developed. Carnwath is better ground for the antiquarian than the topo- grapher ; the " Memorie of the Somervilles " making it, in a historic sense, first-class, and what little there was to delineate lies also beyond the scope of the modern pages. The Lockharts of Lee (244) hold largely in the parish of Carnwath; the Kersewell, (259); Brads, (273); Lawhead, (281); Pool, (292); and Westsidewood, (282) estates being also of con- siderable value. But pursuing the former course of report in these pages, the estate values read as 48202. 5s., 8952. 7s., 8292., 8142., 7332. 14s., 7102., 6912. 3s., 3682. 19s., 3682. 8s., 3502., 3482. 5s., 3392. 16s., 3312. 19s., 2862, 2492. 17s., 2402, 2342. 10s, 2202, 1942. 18s, 1852, 1732, 1532, 1482. 17s, 1302, 1202, 1192, 1082, 962. 5s., 962, 912. 10s, 812, 802, 712. 4s, 632, 522, 502, 412, 352, 342, 322. 15s, 322, 302. 3s, 302, 272. 12s, 262. 6s., 252, 252, 232. 15s, 232. 10s, 232. 5s, 232, 222, 212, 212, 212, 202, 202, 202, 192. 15s, 192. 13s, and smaller sums. The farm rentals show for 5002, 4402, 3802, 3482, 2992, 2852, 2552, THE PARISH OF CARNWATH. 473 252/., 242/., 240/., 215/., 202/., 200/., 190/., 185/, 175/, 170/, 170/, 158/, 153/, 152/, 152/, 153/, 150/, 145/, 145/, 142/, 135/, 135/, 130/, 130/, 125/, 120/, 115/, 110/, 100/, 9GZ, 95/, 90/, 90/, 86/, 86/, 85/, 85/, 85/, 82/, 81/, 81/, 76/, 70/, 76/, 70/, 651, 62/, 62/, 52/, and smaller amounts. The reverend statist of 1793, whose excellent paper on the parish is of fair length, reports that round the village and neighbourhood the lands are sandy, with a mixture, more or less, of black loam; the holms on the Clyde are of a deep rich clay; those on the Medwyn more inclined to sand; in the muir- land parts the arable lands are either a cold, stiff clay or moss, with clay or sand at bottom. In the Dale land, as locally named, the grass is sweet and good, fit either for rearing or fattening black cattle or sheep ; but in the muirlands much of the pasture is boggy ground, producing plenty of a coarse, sour, benty grass, calculated better for rearing than for fattening the cattle upon it, and large tracts of such land lie on the course of the burns, which permeate the northern parts of the parish. To continue quoting from, but largely abridging the paper of 1793, the Lee estate in this parish is in general dry, inclined to sand, easily pulverised, and needing frequent manuring. "A few years ago there was no such thing known in this district as a turnip fed bullock or cow, now there is not a tenant, who holds his farm by a late lease, who does not feed five, ten, or twenty, and to very good account." Some hundreds of acres of mossy land have been reclaimed in the parish, as — "When the moss is deep, and too soft to bear plough horses in winter, they turn it up in the drought of summer, burn the moss when dry enough, spread the ashes abroad, sow down in the spring, and moss thus repeatedly burnt becomes thinner, dis- appears, and shows the clay, some three or four feet down, on the surface." Flow-mosses abound in the parish, twenty to thirty feet deep, nearly on a dead level, and irredeemable. " It is difficult to ascertain the value of land in this parish, as there are some thousand acres in it not worth 6d per acre." "The sheep in the parish may be 7000 ; black cattle, young and old, 1700; the ploughs, 80, and usually drawn by four horses." 474 THE UPPER WARD OF LANARKSHIRE. North of the Dippool, coal, iron, and limestone abounds; free- stone is also found in every part of the parish. " The district ought to be made a grazing, rather than a corn country; the spring season being ordinarily wet, and the frost so early, that there has scarce been a crop in the muirland part of the parish since 1783 which has repaid the farmer for seed and labour." The reverend statist of 1834 reports that " draining has been executed to a great extent in every part of the parish within the last forty years." " Within the last thirty years there has been taken out of moss, and brought into crop, from 800 to 1000 acres." " The byre, the stable, and the barn all seem to occupy the chief attention in rearing a steading in this country; and thouo-h on the Lockhart estate there are a number of excellent dwelling-houses, yet, generally, the accommodation of the far- mer's family seems to have been only a second consideration." There are few homesteads more respectable from without, or comfortable within, than is that of Lampits, on the Lockhart estate, the south-western section of the parish; the occupant is also one of the most enterprising and intelligent of the large lease -holders of the Upper Ward, and the individual in the dis- trict who has done most to promote the objects of the writer of these topographic pages. The dairy system is carried on, almost on every farm, to a great extent, and with great success ; — if so in 1834, in 1864 it is much more — the means of transport by railway to Edinburgh or Glasgow having developed the milk traffic, one profitable to producer, carrier, and consumer. In 1834, there was scarcely a flock of sheep in the parish; on the muirland parts the black-faced breed are kept ; the Cheviot and Leicester sheep are now fattened in large numbers on the finer farms, in the lower section of the parish The cows are of the Ayrshire breed ; and while the quey calves are reared in large numbers for the dairy, the bull calves are fattened as veal for the market. A. M. THE PARISH OP CARNWATH. 475 NAME. Charnewid, Karnewic, Karnewid, Carneswych, Camewith, Cam way th, Carnewaeth, Carnwath. It has been generally supposed that the first part of this word refers to the remarkable cairn, moat, or tumulus situated near the west end of the village (Vol. I., p. 21); while the concluding portion represents, according to Chalmers, the Celtic waith, "a battle/' or wyth, "a water-course," and according to the author of the Statistical Account, wath, "a ford/' Independent of several objections which might be raised to the two last of these derivations, they are all open to this fatal one, that they are taken from the most recent form of the name, which is an evident and unmistakeable corruption of the original one. Charnewid is clearly a Saxon word. The last syllable, wid, signifying grass or pasture, constantly occurs in that language. It is not so easy to attach a meaning to the first, but it is frequently met with in the Anglo-Saxon names of places, as, for instance, in that of the forest of Charnwood. HISTORY. Ecclesiastical Affairs. — The editor of Hamilton of Wishaw's "History of the County," thinks that he recognises the church of Carnwath in that of Chefcarnenuat, which was found, by the inquest summoned in 1116 by King David when Prince of Cumbria, to have belonged of old to the See of Glasgow. To support this idea, he has recourse to the supposition of the employment of a Norman clerk, or, to use his own words: "Here is ground for supposing a foreign scribe. Chef is French, and, when introduced here, seems to signify upper or over Carn- wath, which the writer may have translated, when informed of the meaning of upper or over prefixed to a name" (Wishaiu, Ap}!; 156, 159). This conjecture is much too fanciful, and is, moreover, inconsistent with what we know of the early history of the church of Carnwath. The date of its foundation is uncer- tain, but it appears to have belonged to the Lords of the Manor till after the middle of the twelfth century, when William de Sumervilla, with the consent of his father, William, granted it, VOL. II. 3 o 476 THE UPPEK WAED OF LANAEKSHIEE. intra 11G4-69, to the church of Glasgow and Bishop Ingelram {Reg. Glas., 45, 52). The title of the Bishop to the church of Charnewid was confirmed by Pope Alexander III. in 1170 {Ibid, 22, 24). Similar confirmations were granted to Ingelram's suc- cessor, Bishop Joceline, by the same Pontiff in 1174 and 1178, and also by Lucius III. in 1181 {Ibid, 30, 32; 42, 51; 49, 57). Shortly after this latter date, William de Sumervilla granted another charter, confirming his former grant, and endowing the church with a half ploughgate of land, and a full toft and croft belonging to the same, with a right of common pasturage, and all other easements and pertinents. Cum dimidid carucatd terre et cum plenario to/to et crofto, ad dimidiam carucatum terre pertmente et cum communi pasturd et omnibus aliis asimentis et pertinentibus {Ibid, 45, 52). Bishop Joceline largely increased the number of prebends and canons in the Cathedral of Glasgow, and devoted the revenues of the church of Carnwath to the support of one of these foundations. This arrangement was sanctioned and confirmed by Pope Urban III. in 1186. His apostolic letter was dated at Verona, and the part of it relating to the church of Carnwath is in the following terms: "We understand from your representation, that when a nobleman, W. de Sumervilla, had granted the church of Carne- with to your Cathedral, thou, brother Bishop, in increasing the number of the prebends and canons, have assigned this church for ever to one of these prebends. Therefore, that this deed of yours and the aforesaid William should be strengthened by the authority of the Holy See; because also it is alleged that the said church was constructed within the bounds of the parish of Libertun, and that the right of patronage of this church of Libertun is said to have afterwards passed to another person; lest by occasion of this you and your church might afterwards suffer prejudice, we, after the example of our predecessor, Pope Lucius, confirm the said church of Carnewith to you, and, through you, to the church of Glasgow. If any one attempt to infringe this confirmation, let them know that they will incur the indignation of God and of the blessed Peter and Paul, His apostles/ ; Significantibus vobis agnovimus quod cum ecclesia de Carnewith ex concessions THE PARISH OF CABNWATH. 477 nobilis viri, W. de Sumervilla, ecclesie vestri canonici collata fuisset, tu frater Episcope aucto in ecclesid tud tarn preben- darum tarn canonicorum numero ecclesiam pretaxatam uni prebendarwm in perpetuum assignasti. Porro licet factum hujus modi tarn tuo et prenominato W. scriptis sit authenticis confirmation, et auctoritate Sedis Apostolici robaratum quia tamen, eadem ecclesia infra terminos parochie de Libertiui, constructa esse preponitur (?), et jus patronatus ipsius ecclesie de Libertun ad alium postea dicitur prevenesse, ne occasione hujus vobis et ecclesie, vestre aliquid in posterum prejadicum cjeneretur pretaxatam ecclesiam de Carneivith, vobis et per vos, ecclesie Glasguensi ad exemplar felicis recordations Lucii Pape, predecessoris nostri confirmamus (Ibid, 46, 53; 54, 62). The prebend of Carnwatli was attached to the treasurership of the Cathedral. Till the Reformation, this officer drew the revenues of the benefice, while the cure was served by a vicar- pensioner, who had assigned to him a small allowance and a portion of the church lands. By the statute issued by Bishop Mathew in 1401, directing that every person instituted to a prebend should, on his installa- tion, contribute a certain sum to the ornaments of the Cathedral and the vestments required for divine worship), the sum payable for that of Carnwath was fixed at <£o. This regulation was con- firmed by Bishop John in 1426. The latter prelate made another statute in 1432, by which each prebend was ordered to appoint a vicar or stallarius, and the treasurer was enjoined to pay to the person nominated by him the sum of sixteen merks annually (Ibid, 298, 320; 341, 341; 345, 342). Thomas, first Lord Somerville, about the year 1425 erected a collegiate foundation in the church of Carnwath, for a provost and six prebendaries, and endowed it with an annuity of ten merks (Mem. Som., I., 166; Spottiswode; Macfarlane). John, third Lord Somerville, in 1487 mortified a sum of i?1000 to increase the revenues of this foundation (Ibid, I., 259). Lord Thomas also founded an hospital for eight poor men on a por- tion of the barony, known as the lands of Spittell, which are said by some to have at one time belonged to the Knights Templar. 478 THE UPPER WARD OF LANARKSHIRE. This charitable institution ceased at the Keformation (Origines Paroch.) Edward II. granted, in 1319, the prebend of Carnwyth, in the church of Glasgow, to William de Herlaston (Feed, II., 401). This, however, was a mere empty form, as at that period the English King had no means of obtaining possession of the benefice for his nominee. Michael Somerville, brother of the rector of Liberton, was parish clerk of Carnwath in the middle of the sixteenth century. He was. in 1554, accused of being concerned in a serious riot and assault, and in the following year of having been one of a party of armed men who attacked Lindesay of Covington on his way to Lanark (Pit. Criin. Trials, I., 369* 383*; see also Vol. I, 431). The benefice of Carnwath. being the endowment of the pre- bend of the treasurer of the chapter of Glasgow, is entered in Baia- mond's Roll as Thesauria. and is taxed in the sum of £16, being the tenth of its annual value. In the Taxaiione Scoticante Ecdesiee it is rated in the sum of .£13 12s (Reg. Glas., 63, 72). At the Reformation, Thos. Livingston reported that the revenues of this church had been leased of old for 260 merks, and was then let for £200 yearly. Schir John Cunningham, the vicar- pensioner, stated that the value of his benefice was £16 a-year, one-half being derived from the glebe lands, and the other paid by the prebendary; and Sir Duncan Aikman, "prebendary of the isle of Carnwath," i.e., of the collegiate foundation of 142-5, returned his annual stipend at 24 merks (Book of Assumptions). William, Lord Livingston, obtained, in 1566, a grant for his life o( the Queen's third of the benefice of the treasurership of Glasgow (Privy teal Beg., 34. 7S\ The advowson of the church of Carnwath became vested in the Crown by the general Act of Annexation passed in 1587. King James VI. bestowed it upon the Earl oi' Mar about the year 1603. On the re-estab- lishment of Episcopacy, the benefices of the Episcopal Sees which had been given to laymen were restored by Acts passed in 1617 and 1621; but the right of the Earl of Mar to the patronage of Carnwath was expressly exempted from the opera- THE PAKISH OF CAKNWATH. 479 tion of these enactments (Act Pari, IV., 612). The Earl sold the advowson, along with the barony, to Lord Dalziel. Oliver Cromwell, in 1651, without considering the right of the lay- patron, or ignoring it on account of the well-known loyalty of Lord Carnwath, gave the church of Carnwath, along with the other benefices which belonged to the See of Glasgow, to the University of that city. In the account of William Abernethy for the new building of the College of Glasgow, dated 5th Dec, 1659, we find the following entry: "For horse hire to Carnwath at two several times, to get the vaccancy thairof, =C6 ; for the conrpter's allowance, being five days at 24s a-day, £6" (Mun. Univ. Glas., III., 508). This grant of Cromwell's became void at the Kestoration, when the advowson of the church reverted to the Earls of Carnwath, and has ever since been held by the pro- prietors of the barony. Mr Thomas King was exhorter at Carnwath in the year 1567, with a salary of 50 merks (Book of Ministers, 33). Mr Eobert Bannatyne was the minister in 1602, when he was one of the witnesses to the Earl of Mar's infeftment in the barony (Mem. Som., II., 81). The parish was not represented at the important meeting of the Presbytery of Lanark on the 18th July, 1639. On the 19th of the following September, "Mr Gavin Hamilton, expectant, compeared before that court, and produced a presen- tation from the Lord Dalyell for himself to the kirk of Carnwath. The brethren causing read his presentation, and calling to mind that it is provided by the General Assembly that no expectant shall deal with the patron for a presentation, or receive it before the Presbytery is accpiainted; and that Mr Gavin was a man unknown to us, and that he had been lately in England, and kythed himself opposite to the present work of reformation, having yet given no sufficient proof of the change of his judge- ment, and gude affection, and behaviour, therefore that the Presbytery could not accept his presentation." On the 31st December, 1640, it was reported to the Presbytery "that Mr James Douglas has been ordained minister at Carnwath, accord- ing to the laudable custom of the kirk/' Mr Douglas was suc- ceeded by Mr Thomas Kirkady, who was admitted on the 30th 480 THE UPPER WARD OF LANARKSHIRE. September, 1646. On the 1st August, 1650, he reported "that it was the desire of the Generall Assemblie that it be recom- mended to each brother in every Presbyterie, in this troublesome time, that they themselves have familie fasts, and presse the same also upon the people." The disputes between the Kemon- strants and their opponents split the Presbytery of Lanark into two bodies. They were, however, re-united on the 1st June, 1655, when Mr Kirkady was appointed one of a committee to arrange, by mutual consent, what should be "registrated in the Presbyterie book." According to Woclrow (I., 326), Mr William Brown, minister of Carnwath, was expelled from his parish in 1663-64, but Wodrow's list of the extruded ministers cannot be depended upon, as it is full of mistakes and inaccuracies. On the 21st May, 1675, the Presbytery admitted Mr Thomas Hamilton as minister. He was succeeded, on the 21th March, 1691, by Mr James M'Alpine, who appears to have been, shortly afterwards, guilty of some grave offence, as the minutes of the Presbytery on the 22d May, 1695, inform us "that the brethren, considering the great offence by Mr James M Alpine, his scan- dalous fall, did appoynt him to be rebuked publickly before the congregation of Lanark, being the most publick and eminent place of the bounds;" and, on the 19th of June following, it was reported that he had "obeyed the appointment of the Presbyterie in standing before the congregation of Lanark, to the great satisfaction of that flock; whereupon the Presbyterie appointed several of the brethren to deal with his conscience privatly, betwixt and the next meeting." During the period of his sus- pension, Sir William Denham of Westfields and the Laird of Wblfrods, elders of Carnwath, petitioned the Presbytery, on the 30tlt August, 1693, "that a minister be sent to them to preach, and receive the Land of Spittel, Sheriff- Depute of Lanark, his acknowledgment and his wyfe's, for fornication before marriage/' which was granted. Mr John Good was ordained minister on the 4th May, 1699. The sum collected, in 1624, from the parishioners, for the behoof of the town of Dunfermline, amounted to £55 12s 6d. On the 23d of October, 1634, the Presbytery ordered the THE PARISH OF CARNWATH. 4S I minister of Carnwath to "intimate to his parishioners that nana of them attempt the removing or placing of any sail in the kirk. unto the samyn be done orderlie, be the ordenance of the kirk, as thai will answer." The following extracts from the records of the Presbyterj Lanark, relate to charges of witchcraft, charming, and poisoning, brought against persons who were parishioners of Carnwath. I mi the 28th May, 1640, Marion Shaw, suspect of charming, was sited to be present at the visitation of (lie kirk of Carnwath, on the Wednesday following. No further notice of this case occurs. "1st Aug., 1644. Compeared William Denholme, Jean Lauch- lane, James Johnstoun, Agnes Denholme, with Marion Hunter, confessing that they had given to umquhile Denholme, being sick, a drink of fox-trie leaves which shortly thereafter procured his death, some of them being actors, some accessory thereto. They were ordained to make their repentance in sack- cloathe, in a solemn manner, in medling with so damnable and devilishe a cure.'" — On the same day there likewise compeared Margaret Reid, suspect of witchcraft, and "confessed she put a woman, newlie delivered, thrice through a greene halspe, for helping a grinding of the bellie, and that slice carried a sick child thrice about ane aikine post, for curing of it." She was ordered to find caution, in the sum of £1 00, to appear when called. In consequence of her failure to do this, or of her case having in the interval assumed a worse character in the eyes of the ecclesiastical courts, we find her in custody on the _!-d of the same month, when it is stated that, "by a legal] probations redd before the sessione of Carnwathe, she had been found guilty of many mae devilishe crimes than was confessed befor, wherfor Mr James Douglas was appointed, in the name of the Presby- terie, to represent her process to the Lords of the Counsell, and supplicate for a commissions to put her to triall." On the 31st October, the Presbytery ordered "ane supplicatione to be sub- scribed for obtaining from the honourabill Lords of Counsell. I'm- putting to tryell Margaret Watson and Jean Lauddanc (one of the persons implicated in the case of poisoning mentioned above), being apprehended and accused of witchcraft." On the 2Gth of 482 THE UPPER WARD OF LANARKSHIRE. December, Mr James Douglas was ordered to confront these women on the 31st of the same month, in the Tolbooth of Lanark, "with Margaret Watson, witch, who hath delated them as guiltie of witchcraft, who is to suffer an inquest that day for her confessed witchcraft." On the 1 6th of the following January, he reported that he had obeyed this order, when the foresaid Margaret Watson "denyed againe what before she had affirmed, to witt, that they were guiltie of witchcraft, and to her verie last breath cleansed them all." In consequence of this, no further proceedings were taken against them. The following is an instance of the strictness of church discip- line enforced during the time of the Commonwealth: "28th June, 1665. — Marion Somervill, in the paroch of Carnwath, who, contrarie to the Acts of the Kirke of Scotland, in a clandestine way had married an Inglishman, desiring her child to be baptised, was refuised, till she had publictlie satisfied for her scanclallous mariag, and her husband had promised to bring up the said child according to the doctrine and Confession of Faith, as it is now professed in the Kirk of Scotland." On the 7th August, 1656, "the Presbytery, hearing that the Lord Carnwath had mortified ane house and yeard to the school, at his incoming, thanked him for the sam, being a pious work." They made inquiry into the state of the parish in May, 1702, when "the schoolmaster and kirk officer were well reported of." It was also found that the paroch was provided with two silver cups for the sacrament, and two pouder bassins, two old mort- cloaths, one of velvet, ane other of cloth ; and that there was a bond of 300 merks granted by a gentleman to the poor, of suffi- cient security. The session-book was at the same time examined and approven. The Church. — The ancient edifice, which occupied part of the site of the present one, appears to have consisted of a chancel, choir, and nave without side aisles. The whole of it has, how- ever, been removed. The addition made to it by Thomas, first Lord Somerville, for the use of the collegiate foundation insti- tuted by him about 1425, still remains in a remarkably good <. THE PARISH OF CARNWATH. 483 state of preservation. It consists of an aisle or transept on the north side of the old church, and is thus described by the author of the "Memoire of the Somervilles," (Vol. I, p. 166): "The yle itself is but little, however neatly and conveniently built opposite to the middle of the church ; all aisler, both within and without, haveing pinickles upon all the corners, wherein are engraven, besydes other imagerie, the arraes of the Somervills and Sinclaires (the family of the wife of the founder), very discernable to the occular aspectione, albeit it be two hundereth and fy tie-eight years since they were placed there." It is a very elegant specimen of the middle-pointed or decorated Gothic architecture which pre- vailed in Scotland at the period when it was erected, and presents us with examples of the peculiar characteristics of that style, in the beautiful tracery of the north window, the drip moulding over a square window on the west side, which is now built up, and the niches in the buttresses. The interior consists of three bays, divided by slender columns, the capitals of the four centre ones bearing shields with the armorial bearings of the founder and his spouse, while those in the corners are finished with tracery and grotesques. The roof is vaulted. Some most unfortunate and unskilful attempts have been made at partial restorings of it. Carved stones from the other parts of the old church have been inserted at random in several places of the walls. In one striking instance, a stone which seems to have been the entablature of the pillars on which the ancient font was supported, has been stuck in half-way up the wall. There are also some particulars in the details which create a doubt whether the present door below the north window formed part of the original structure, and lead to the belief that it was inserted when the old church was taken down, and the arch by which the aisle communicated with it built up; the mould- ings of one of the entrances of that ancient edifice being used to form this doorway, which is now the only mode of access to the aisle. On the left of this entrance there is a handsome altar tomb {Plate XIV., Figs. 1, 2), on which repose the effigies of Hugh, Lord Somerville, and his wife, Janet, daughter of William Maitland of Leidingtown, who died about the year 1550. This VOL. II. 3 P 48-i THE UPPER WARD OF LANARKSHIRE. portion of the church appears to have been generally called "the college aisle/' and to have been dedicated to St Mary, most probably to the blessed Virgin. There is in the open churchyard the top of another altar tomb on which a recumbent effigy is sculptured {Plate XIV., Fig. 3). This probably was formerly in the choir of the old church. The tradition of the village describes it as the tombstone of "Auld Cowdailly," i.e., of one of the. Somerville family to whom that castle belonged. The figure has suffered much from the effects of the weather and exposure, but the following details of the cos- tume can still be distinctly traced : The arms are folded on the breast, the right grasping the hilt of a sword or dagger, the blade of which has disappeared, while the left holds a heater-shaped shield of so small a size that it might easily be mistaken for a bag or purse suspended from the left side. The upper part of the body, from the neck to the waist, is clothed in a tight-fitting garment, which also covers the arms to the wrists. Below the waist it expands into a moderately wide skirt, which terminates at the knee. The legs and feet may have been covered with chain mail, but the details of the covering of the head and lower limbs are so obliterated that it is impossible to speak with any confi- dence as to their nature. We have submitted accurate drawings of this figure to Mr Planche and the other authorities on costume, and they unanimously concur in pronouncing this monument to be most singular and unique, and professing their inability to assign any date to it. Under these circumstances, we cannot but express a hope that this most interesting and valuable monument may be removed into the neighbouring aisle, and no longer be left to the slow but sure destructive operation inci- dental to its present exposure in the open yard, and the imminent risk of its receiving accidental injury. Hugh, Lord Somerville, having borrowed a large sum of money for the purpose of equipping himself in magnificent apparel to wait upon James V. and Magdalen of France on their marriage, granted, in 1537, in discharge thereof, a perpetual annuity of three score pounds (Scots) from his barony of Carn- wath. The holder of this annuity, whose name has not been THE PARISH OF CAENWATH. 485 preserved, mortified the same to found a chapel, dedicated to St Mary Magdalen, at Muirhall, in the upper part of the parish {Mem. of the Somervilles, I., 389). At the time of the Reforma- tion, Shir John King, chaplain of Muirhall, reported that the revenue of his chaplainry amounted to 16 merks and 51s 6d, in money, yearly (Book of Assumptions). Civil Affairs. — The barony of Carnwath was not created till the fourteenth century, but the lands from which it derived its name appear to have been held by the Somervilles, the predeces- sors of the Lords Somerville, from a very early date. The earlier steps of the descent of this family are rather obscure, and the pedigrees, as given in the "Memoire of the Somervilles" and the " Douglas Peerage," are totally discordant. The latter appears to be the more correct account, but is by no means free from several inaccuracies. Sir Walter Somerville, the founder of the family was a Norman Baron who accompanied the Con- queror to England, and appears in the roll of Battle Abbey. He obtained the manors of Whichnour in Staffordshire and Ashton in Gloucestershire, which were held by the eldest branch of his house till the year 1742, when, on the death of William Somerville, the author of "The Chase," they, by his settlement, came into the possession of the Lords Somerville, the descendants of William, a younger son of Sir Walter Som- erville, or rather of one of his successors, who settled in Scotland in the time of David I. According to the " Douglas Peerage " this William had a grant from David I. of the lands of Carn- wath, of which, although it is not impossible, there is no evidence whatever. He died in 1142 (which statement is founded on an erroneous quotation from the Melrose Chronicle), and was suc- ceeded by no less than four descendants of the same name before the middle of the thirteenth century. It is quite impossible to attribute to the individuals the entries in the records relative to these successive Williams de Somerville. During the reign of King David, 1124-53, we find William de Sumervilla a witness to royal charters in favour of the monasteries of Melrose and Newbattle, and of Robert de Brus of Annandale. He also fc86 THE UPPER WARD OF LANARKSHIRE. attested a grant by the Bishop of St Andrews to Herbert, Bishop of Glasgow, and was present at a Parliament held at Edinburgh in 1147 {Reg. de Newbottle, 14, 18; Lib. de. Mel, 3, 1; 666, App., 1; Reg. Glas., 13, 11; Act Pari, I, 82; after /' face, 17*). In that of David's grandson and successor, Malcolm the Maiden, Willielmus de Sumervilla appears as a witni sss to royal grants in favour of Newbattle and Melrose, the see of Glasgow, and Walter, son of Allan the Steward (Reg. de New- bottle, XXXVL, Preface; Lib. de Mel, 9, 8; Reg. Glas., 14, 12; Act Pari, I, after Preface, 83). With the commencement of the reign of William the Lyon, we obtain data to distinguish, to a certain extent, between the successive Williams de Somerville. The most important of these, at least in so far as this matter is concerned, is the charter (already noticed) by which William de Sumervilla, with the advice of his father, William, granted the church of Carnwath to Bishop Ingleram of Glasgow, who held that See from 1164 till 1174 (Reg. Glas., 45, 52). From the fact that this church is included in the confirmation of the pos- sesions of the Bishops of Glasgow granted by Pope Alexander III. in 1170, we can hardly date this deed later than the year L169. It is, however, evident that at the time it was granted William the younger held the lands of Carnwath, but was unable to alienate them or any of their pertinents without the consent of hi- father. This must have arisen from two causes: either that he held these lands in his own right, but was still in mino- rity, or that his father had settled on him the fee thereof, rving his own liferent; the latter being the most probable supposition. William the elder had a charter from the King of the lands -I' Lintoune, in Roxburghshire, in 1174, but it is uncertain whether this was an original grant or a renewed investiture. According to the popular tradition, they were bestowed on one of the Somervilles for having killed a serpent, dragon, or wild ' that infested that parish. If one may judge from a rude piece of Bculpture over the church-door, it must have been a four-footed animal, but the rhymes current in the district clearly refer t-i a reptile: — LO 03 o 5cO >- CD i THE PAEISH OF CAENWATH. 487 " The Wode, Laird of Laristone, Slew the worm of Worm's Gleu, And wan all Lintoune parochine." Or, iu a more modern form : — "Wood, Willie Somervill, Killed the worm of Wommandail, For whilk he had all the lands of Lintoune, And six miles them about." The knight's success in this adventure, as in all the later legends of this class, is attributed, not so much to his valour, as to his ingenuity in inventing novel arms, especially suited for the occasion. In the case of the Lintouu monster, William de Soinerville had a lance made twice the usual length, the shaft plated with iron, on which he placed a moveable metal wheel, which would receive the teeth of his adversary while permitting him to thrust home. Lastly, to counteract the pestilential breath of the dragon, he placed a lighted peat on the point of his spear; and it was not until he had accustomed his horse to this unusual weapon, that he ventured to make the attack. In allusion to this exploit of their ancestor, the house of Somerville subsequently took for their crest a wyvern vert, perched upon a wheel or. Their armorial blazon appears to have been originally a lion rampant, at least that is the device on the seal of William the younger appended to his charter iu favour of Bishop Ingel- ram, which was at one time preserved in the Scottish College at Paris (Riddel's Peerage and Consistorial Law, I., 350), but they afterwards adopted a shield bearing seven cross crosslets. William the elder granted, between 1174 and 1180, to the church of St Kentigern of Glasgow, three acres of land in the township of Lintoun, and the teinds thereof disjoined from that church (Reg. Glas., 17, 10). William the younger executed, about 1185, a confirmation of his previous grant of the church of Carnwath in favour of Bishop Joceline of Glasgow, "for the weal of his father and mother, his self and his wife" (Reg. Glas., 45, 52). From this we learn that he was by this time married, and that in all probability his father had previously died. There are extant several charters in -188 THE UPPER WARD OP LANARKSHIRE. favour of Melrose, by William the Lyon and others in his reign, in which William de Somerville appears as a witness, but the dates are not so accurately determined as will enable us to dis- tribute them between the father and son, except by their position in the chaitularies, which cannot be depended upon as correctly indicating the period of the grant (Lib. de Mel, 12, 13; 107, 116; 125, 134; 238, 269; 243, 275; 244, 276). William the younger attested, in 1190, the confirmation of a remarkable con- vent ion between the abbey of Kelso and the men of the Steward of Inveruick, and a charter by which William the Lyon, intra 1189-98, granted lands in Edenham to the same monastery, and a license obtained, circa 1200, for making a pond on the lands of Haleck, for the use of the mill of Kelso (Lib. de-Cal, 205, 248; 302, 384; 400, 507). Grimplius Ouidonis also granted, in the time of William the Lyon, a toft in Berwick to the abbey of Melrose, for the soul's weal of his Lord, William de Somerville (Lib. de Mel., 20, 28). Two cadets of the family are found attesting important charters in the latter part of this reign. Allan de Somerville is one of the witnesses to a charter granted by David, son of William Lindesay, by which he granted certain lands in the parish of Crawford to the monastery of Newbattle; and Thomas de Somerville, one of those to a deed by Gervase Avenel of Eskdale in favour of that of Melrose (Reg. de Xewbottle, 103, 136; Lib. de Mel, 175, 196). William the younger was succeeded by a son of the same name; who distinguished himself by his skill in a tournament held at Roxburgh in 1239, on the occasion of the second marriage of Alexander II. (Mem. Som., I, 69; Nisbet, I., 260). He was buried at Melrose in 1242 (Chron. de Mailros, 155). The date of this notice is, by some unaccountable oversight, altered in the "Douglas Peerage" to 1142. His son and successor was also William, who, it is probable, (although we cannot speak with any certainty among the succes- inheritors of the name) was the William de Somerville who married the daughter and heiress of Walter Newbiffging of that ind so greatly increased the family property in the parish of irnwath. The contract entered into previous to this marriage THE PARISH OF CARNWATH. 489 is still, we believe, extant {Mem. Som., I, 64). He is said to have fought at Largs in 1263 (Ibid, I., 71), hut there is no mention of him in any of the historical accounts of that battle (Tytler's Hist, I, 40). He was a witness to the charter by which Henry de Haliburton granted, in 1270, the lands of Molle to the abbey of Kelso {Lib. de Cal, 143, 174). He died in 1282 according to the "Douglas Peerage," and about 1280 according to the family record. His son, Sir Walter, appears to have been invested with his mother's lands of Newbigging during the lifetime of his father. He entered into the following bond of manrent: "Be it kend till all men, be thir present letters, me, Sir Walter of New- bigging, and me, Sir David of Towre, for all the dayes of our lives, to be obleidged and bound, be the faith of our bodies and thir present letters, in mandred, and sworne counsell as brothers- in-law, to be with one another in all actiones, causes, and quarills pertaineing to us, both in peace and warre, against all that lyves and dyes, excepting our alleadgeance to our soveraigne lord, the King. In witness of the wilk thing and of ther present letters, wee have hung to our sealles at Aberdeen, the twentieth day of April, the year of God, 1281, before ther witness: William Somerville, our brother, and John Somerville, and Thomas Stelfier" (Mem. Som., I., 75). Looking to the long, unbroken series of the Williams de Somerville, the mode in which "our brother, William Somerville," is introduced as a witness, affords an opening for curious conjecture. It certainly indicates that Sir Walter was only a younger son. It might be that an elder brother of the name of William died young, and that, as not unusually, the name was again bestowed on one of the younger; or it may be that, in spite of the apparently careless manner in which this William is described in this deed, that he was the elder brother, and Sir Walter the younger, the transaction occurring while their father was still alive. Be this as it may, there can be no doubt that a Sir Thomas Somerville, whose exact relation to the persons above mentioned we are unable to determine, had become the representative of the family previous to 1289. THE UPPER WARD OF LANARKSHIRE. We may here mention that the author of the "Memoire of the Somervilles" has fallen into a most extraordinary error in identi- fying a Sir Walter Newbigging, who, according to Blind Harry, "with his son, Sir David, had the honour to command the third brigade of horse at the battle of Bygar, which was fonght in the latter end of May, 1297," with the Sir Walter Somerville of New- bigging, whose bond we have quoted above, and carrying on the descent of the family through their persons. It is unnecessary to enter here into any question as to the historic authority of the minstrel, as his meaning has been evidently misunderstood. He enumerates the chief of the Somervilles as one of the leaders of the second; and by the Sir Walter de Newbigging and his son, who commanded the third, evidently intended the ancestors of the younger branch of the Newbiggings of that ilk, which, in the succeeding century, held the baronies of Dunsyre and Culter (see Vol. I., pp. 272, 412). As, however, the author of the "Memoire of the Somervilles" appears, from the observations he makes on the family of Newbigging (Vol. I, p. 65), to have been ignorant of the existence of this branch, the confusion in his mind as to the persons intended by the minstrel was a natural enough mi -take. Thomas de Somerville was a member of the Parliament held atBriggeham on the 17th March, 1289, which sent a letter to Edward 1., congratulating him on having obtained from Eome a dispensation for the marriage of his son with Margaret, Queen of S( otland, and giving their assent to the union on the condi- tions that had been previously communicated to the Estates of England. On this occasion, Thomas de Somerville took rank as "ii.' of the barons (Act Pari, I, 85). On the breaking out of the War of [ndependency, he steadfastly adhered to the patriotic party. Although the success of the invasion by Edward I. in the spring of 1296 compelled him to acknowledge and swear fealty to tie- English monarch (Prynne, III, 649; Nisbet's Heraldry, I! -I/'/-. Ragman RoU,V7), his submission was a very tem- porary on,., as he joined Sir William Wallace in the following • and continued with him after the battle of Falkirk. In 1304, Kin- Edward granted to Robert Hasting the lands of THE PARISH OF CARNWATH. 491 Lynton and Carnewyth, winch belonged to Thomas de Somerville (Palgrave, I, 304). He appears to have died about the close of this year, leaving two sons, Walter and John. The eldest, Walter of Linton and Carnewath, was one of the small but heroic band who, in the end of the following year, escorted Eobert the Bruce from Dumfries to Scone, and assisted at his coronation on the 27th March, 1306 (Tytler's Hist, I., 230; Fordan). Both brothers were present at the battle of Methven in the following June, when Sir John, the younger, was taken prisoner, and executed in England (Barbour, II., 40.5; Prynne, III, 1123; Tytler's Hist, I, 251). Sir Walter escaped, and lived to share in the final triumph of the Bruce, from whom he, in 1320, obtained a charter erecting his lands of Carnwath and Newbigging into the barony of Carnwath (Mem. Som,, I., 88). He died in 1330, and was succeeded by his eldest son, Sir James (D. Peerage). If we could put any trust in the statement in the "Memoire of the Somervilles/' (Vol. I., p. 91), that oh the return of David II. to Scotland, in 1342, he granted a charter confirming the lands of Carnwath to a Sir John Somerville, Baron of Linton, it would be necessary to intro- duce here another generation, by which Sir James would become, not the son, but the grandson of Sir Walter. Prom the manner in which he alludes to it, it would appear that the author of that work never saw this deed; and we shall pre- sently see that, even when he had a writ actually before him, his inaccuracy in transcribing it deprives his statements of any authority whatever. Sir James Somerville fell at Durham in 1346, when his estates devolved on his younger brother, Sir Thomas, who was also present in that battle. The son of the latter, William, Fiz et heir mons, Thomas de Somervyll, was one of the twenty hostages given to England in 1357, as a security for the payment of the ransom of King David (Act Pari., I., 159). In 1359 we find the barony of Carnwath paying 60s annually (a larger sum than was charged on any other in the district) to the ward of the King's Castle at Lanark (Chamber. Rolls, I., 385). VOL. II. 3 Q J,92 THE [JPPEK WAED OF LANAKKSHIEE. Sir Thomas had, in 1362 and the two following years, safe- conducts to pass through England on a pilgrimage to the tomb homas a Becket at Canterbury (Feed, VI, 395, 407, 442). A surious condition is annexed to the second of these licenses, that he Bhould not be entitled to take back any horses but those he brought with him. Dam toymen equos alios quart quos secum in Anglid duxerit extra idem regnum non educat quovismodo. In 1366 he had a safe-conduct to visit the shrine of St John of Amboise (Ibid, VI, 497). Although in these documents his object is stated to have been a religious one, ob devotionem, there can be little doubt that political affairs were the chief cause of his undertaking these expeditions. He was twice married; first to a daughter of Sir James Douglas de Loudon; by which union he acquired the lands of Kerswell. The author of the "Memoire" of the family strangely confounds these lands with the barony of Carnwath, to which the Douglases at no time whatever possessed the smallest title. Secondly to Maria de Wans, for his marriage with whom he obtained a dis- pensation from Eome about the year 1355, in which he is de- scribed as Thomas Somerville dominus castri de Carneswych A. Stuart, 436). He was succeeded by his eldest son, Sir William, who, as already mentioned, was one of the hostages sent to England as larantee for the payment of the ransom of David II. He appears to have obtained, in 1369, a charter, under the Great Seal, confirming his title to the baronies of Lintoune and Carn- wath. and ratifying a similar deed granted in 1365. The author of the "Memoire of the Somervilles" undoubtedly had this docu- ment before him, which he describes as "spoyled with rain" (Ibid, !., II") ; but (owing to its imperfect condition and his " NV " preconceived ideas of a succession of Sir Walters and Sir Johns has evidently read it most erroneously. His incompe- tence as an interpreter of these ancient deeds is, however, more ikiugly illustrated by his assertion that this parchment con- tains the originals of two distinct charters under the Great Seal, w1 "''' '" '•"•'- that of 1365 was merely recited ad longum, a practice mosl common in charters of confirmation. THE PARISH OF CARNWATH. 493 In 1371 Sir John Herring of Gilmertoune having discovered that his eldest daughter was carrying on an intrigue with a monk, and that they met at night in a farm-house called the Grange, had the same surrounded and set fire to, whereby the whole inmates, as well as the guilty lady, were consumed. To avoid the consequences of this crime, Sir John fled and took refuge with Sir William Somerville, with whom he made an arrangement, not unusual in those times (see Vol. I., 153), by which he conveyed to Sir William, and the issue by his present or any future marriage, half his lands of Gilmertoune, on condi- tion that Sir William should, by his influence, procure him the King's pardon and restoration of the rest of his estate. Misled by the fact that Sir William did marry, at a later period, Egidia or Giles, a younger daughter of Sir John, and by the phrase "present marriage," the author of the "Memoire of the Somer- villes" describes this deed, which was executed in 1372, and which he had before him, as their marriage contract, in ignorance that Sir William had then another wife living, as is established by a charter granted by Robert II. in the follow- ing year, conferring on him and his wife, Katherine, half of the barony of Manuel, in Stirlingshire (Reg. Mag. Sig., 91, 320; 123, 21). It is stated in the "Memoire of the Somervilles" (I., 13G), that a John de Somerville was served heir to his father in the barony of Carnwath, at Lanark, on 24th September, 1380, and in that of Lintoun, at Jedburgh, on the 10th April, 1381, and that the said John obtained, on the resignation of his father-in- law, a confirmation of the barony of Cambusnethan, from Robert II., on the 14th July, 1381. The witnesses to this deed are given in detail, and the seals appended to it most minutely described. The whole of this statement is, however, inconsistent with a charter to be afterwards referred to, which was granted in 1392, and is preserved in the " Register of the Great Seal " (198, 11), by which it appears that Sir William Somerville was alive, and that the barony of Cambusnethan came into the family, in that year, by the marriage of Thomas, his son and successor. As the author of the "Memoire" evidently had before him the 4!) 1 THE UPPEB WAKD OF LANARKSHIRE. retours and charter lie describes, he must have read them in the mosl careless and inaccurate manner; and as the amount of this cannot be ascertained, we are left very much in the dark as to what was the real nature of the deeds. From the list of wit- nesses, which includes the name of William, Earl of Douglas, who died in 1385, it is clear that the charter he quotes was not identical with the confirmation of 1392. The only conjectural explanation which occurs to us, is,, we must admit, a very bold one, that the charter was a confirmation, not of Cambusnethan, bul of the barony of Carnwath, and that the whole transactions must be referred to Sir Win. Somerville, who had, till 1380-81, held his lands on apparency, and in those years proceeded to make up a formal title, while the supposed John was nothing but an imaginary myth. Sir William died about 1405, and was survived by his second Egidia Herring, who afterwards married Sir William Fairlie ofBrade. His eldest son, Sir Thomas, succeeded. He, as already mentioned, had, in July, 1392, a charter, under the Great Seal, confirming to him and his wife the barony of Cambusnethan. As this deed is of great value in elucidating the descent of the family, we give its provisions in detail. ''Robert Rex. Know all men that we give and concede, and by this our present charter confirm, to our beloved and faithful Thomas de Somerville, son and heir of Sir William Somerville, and Janet Stewart, his wife, and the survi- vor of them, all the lands of the barony of Cambusnethan, with its pertinents, in the sheriffdom of Lanark, along with the whole annual rent paid of old to the King for the same, which barony lent belonged to our beloved cousin, Sir Alexander Stewart of Dernley, and loan, his wife, and which they had resigned in bands; n se ring the liferent of the said barony to the said Sir ! ir and .loan Stewart, and the survivor of them. Sciatis et hoc presenti carta nostra confirniasse, ,l;1, Meli nostro Thome de Somerville, filio et heredi 11 illiekni de Somerville militis, et Joneti Seneschal, sponse sue m diucius viventi ommes terras baronie de Gambus- ■>», pertinenciis jacentes infra vicecomitatum de THE PARISH OF CARNWATH. 495 Lanark, una cum totd firmd bladi annua antiquiter Regi debitd de eadem que baronia cum tenandiis et serviciis liber- tenencium necnon fir ma bladi predicta fuit dilecti consanguinei nostri Alexandri SenescJial de Dernley militis, et Johne, sponse sue, et quas idem Alexander et Johna, sponsa, sua non vi aut onetu ducti nee in errore lapsi set mera et spontanea voluntate sua per procurator em suum, potestatem suam tratorie habentem, in via nus nostras per fustwm et baculum sursum reddiderunt pure quiete et simpliciter resignaverunt. Reservato tanien dicto Alexandro et Johne, sponse, sue et eorum diucius viventi pro toto tempore vite sue librotenemento terrarum omnium predic- tarum cum pertenciis, et firme bladi annue predicte" {Reg. Mag. Sig., 1.98, 11). He was served heir to his father on the 1st of March, 1106 (Mem. Som., I., lol). In the following year he espoused his second wife, Marie Sinclair, daughter of Henry, third Earl of Orkney (Ibid, I., 155). When Sir William Somerville obtained the lands of Gilmer- ton, by his agreement with Sir John Herring in 1372, he gave them to Thomas, one of his younger brothers, who married Katherine Straton. This Thomas died without issue in 1412, leaving the liferent to his widow, and the fee to his nephew, Sir Thomas, who came into possession of them about the year 1415 (Ibid, I., 157). Sir Thomas was appointed one of the ambassadors to treat with the King of England for the ransom and liberation of James I., and had a safe-conduct to pass to London for the con- duct of this negotiation (Feed., X., 809). Iii the following year he was nominated one of the guarantees for the fulfilment of the treaty, and one of the wardens of the marches (Ibid, X., 332). He was (1425) one of the assize which found Murdoch, Duke of Albany, guilty of treason (D. Peerage). About this time he erected a collegiate foundation in Carnwath, and added an aisle, or rather transept, to the church for its accommodation. He was appointed a member of the Council and Justiciary, in or before the year 1428, when we find him exercising these offices in a remarkable matter connected with the abbey of Melrose. An assize which had been summoned by the Earl of Dunbar to 4-96 THE UPPER WAED OF LANARKSHIRE. divide certain lands between that abbey and the Laird of Hali- I Hilton, "having made alterations and delays dyvers days, the abbot and convent brocht, til a day set thereupon, a part of the Kinge's counsel, that is to say, Sir John Forster, Master of the Household, Maister Walter Stewart, and Thomas Somervyle, Justiciar, witli others; when, by the wis discretion of the Kinge's counsale, four wise and discreet were added to the assize, making twenty-nine in all" {Lib. de Mel., 519, 525). He was present in the Parliament held at Perth on the 1 Oth March, 142!). The record of that sederunt is decisive proof that by that time he had been raised to the dignity of a peer of Parliament. An appeal having been heard, and the parties removed, the Chancellor put the question "to the underwritten Lords of Parliament," among whom he is enumerated. Et ■minibus sibi consiliariis et assistentibus in hoc causa remotis, cancellarius a dominis de Parliamento, subscriptis Somer- vile, . . . ac eciam militib, aliis prelatis, baronibus, nobili- bus, et burgorum commissariis ibide presentibus prout in ordine in suis sedibus situati erant singillatim et successine petebat (Act Pari, II, 28). It is curious that although there exists in this and a similar record relative to the son and successor of Sir Thomas, clear evidence that the Somervilles acquired the dignity of the Peerage in the early part of the fifteenth century, they have, in later times, taken precedency after other barons whose ancestors were certainly not called to that rank till nearly the close of that period (Riddel's Peerage and Consistorial Law, I., 350). In 1430 Lord Somerville was re-appointed to the offices of Justiciary besouth the Porth and warden of the marches towards England (D. Peerage). On the 10th of November, 1434, he obtained a charter, under the Great Seal, confirming his title to the baronies of Lintoune, Carnwath, and Cambus- nethan (Mem. Som., I., 173). He attended the Parliament held al Perth on the 10th January, 1434, when he was elected and sworn one of the Lords of the Pleas, "ad terminandas causas et querelas" (Act Pari, II, 22). He died in the December of the same year, and was buried in the vault of the aisle he had built ( 'arnwath. THE PARISH OF CARNWATH. 497 His eldest son, William, second Lord Somerville, was served heir on the 10th June, 1435 (Mem. Som., I., 178). He had been previously raised to the rank of knighthood, on the occasion of the baptism of the twin sons of James I. in 1430 (Ibid, I., 172). He attended the coronation of James II. on the 10th March, 1437, and was also present in the Parliament held at Stirling in September, 1439, when an agreement was made between the Queen Dowager and the Crichtons and Levingstones (Mem. Som., I., 181, 187; see also ante, II, 89). He also attended the Parliament held at Edinburgh in June, 1445, when he is enumerated among the Lords of Parliament who were witnesses to a ratification of the titles of James, Lord Hamilton (Act Pari, II, 59). In a charter of part of the lands of Quothquan, granted by him in 1447, he is designed as "of Newbigging" (Mem. Som., I., 197). He was in 1449 appointed one of the commissioners to negotiate a treaty of peace with England, and had, in this capacity, a safe-conduct to visit that kingdom (Feed., XL, 242). In that and the following year we find him attesting various charters granted by James II. to the Bishop and See of Glasgow (Reg. Glas., 374, 355, 356 ; 388, 362). In 1451, and also in 1453, he was nominated one of the commissioners to settle matters in connection with the infraction of the truce with England, and had various safe-conducts to facilitate his execution of this office (Feed, XL, 253, 283, 286, 300, 333). In the former of these years he obtained a charter erecting the town of Carnwath into a burgh of barony (Reg. Mug. Sig., IV., 207), and attested two grants of the King to the abbey of Paisley (Reg. de Passalet, 72, 255, 257). In 1454 he was one of the witnesses to a royal charter in favour of the abbey of Melrose (Lib. de Mel, 587, 571). He was present in the Parliament of June, 1455, when a sentence of forfeiture was pronounced on James, Earl of Douglas, and his brothers (D. Peerage; see ante, II., 103). In the same year he conveyed the barony of Plaine to his youngest son, William (Mem. Som., I., 205). He died in August, 1456, and was buried with his father in the college aisle at Carnwath. On his death, his estate passed to his eldest son, 498 THE UPPER WARD OF LANARKSHIRE. John, third Lord, who was married in July, 1446, to Helen, eldest daughter of Adam Hepburne, Lord Hailles (Ibid, L, 195). He was one of the leaders at the battle of Sark in 1448, when the Scots, under the Earl of Ormond, younger brother of the Earl of Douglas, obtained a most decisive victory over a superior army of English who had entered Dumfriesshire (Tytlers Hist, IV., 65). On that occasion he was wounded by a lance in the thigh, and had to remain in the house of his kinsman, John Souierville of Moffat, till he recovered from the injury (Mem. m., I., 199). Having lost his first wife, he, in the March preceding his father's death, espoused Mary, daughter of William Baillie of Lamington (Ibid, I, 211). He was appointed one of the conservators of the truce with England in 1457 and 1459 (Feed., XI., 393, 404). In the latter of these years he obtained letters of remission and rehabilitation, under the Great Seal (Reg. Mag. Sig., V., 101). He was present at the siege of Roxburgh in 1400, when James II. was killed (Mem. Som., I., 223). Lord Somerville attached himself to the Boyds, and was personally present when the King was, in 1466, forcibly carried from Linlithgow to Edinburgh (Tytlers Hist, IV., 207). Of course the usual precaution was taken by the conspirators of having it declared in Parliament that their act was good and loyal service, and passing pardons under the Great Seal for any fault they might have committed. Lord Somerville obtained this pardon on the 13th October (Reg. Mag. Sig., VII, 91). When the Boyds were overthrown in 1469, he was so fortunate as not only to escape being involved in their downfall, but to become a favourite with the youthful monarch. When he was at Court in July, 1474, the King proposed to enjoy the sport of hawking over the Calder and Carnwath moors, and spending a few days with him at his castle of Cowthally. Lord Somer- ville immediately despatched an express to his wife, "wherein, according to his ordinary custom when any persones of qualite were t'» be with him, he used to write in the postscript, speates and raxes; and in this letter he redoubled the same words, because of the extraordinary occasione and worthynes of his Lady Somerville, "because she could read non herself," THE PARISH OF CARNWATH. 499 commanded the steward to read the letter. He being newly " entered to his service, and unacquainted with his Lord's hand and custom of wryting, when he came to the postscript read it, speres and jacks." This very much alarmed Lady Somerville, who, supposing that her husband had fallen into some feud at Court, immediately assembled the whole feudal retainers of the family, and despatched them towards Edinburgh. The appear- ance of this body of armed men caused considerable uneasiness among the royal hunting party, but Lord Somerville having obtained permission to ride forward and ascertain their purpose, soon discovered the real state of matters, which of course furnished material for many a merry jest during the time the King remained at the castle of Cowthally (Mem. Som., I., 240). Lord Somerville appears to have kept himself entirely aloof from the factions which rendered the latter part of the reign of James III. so unfortunate. In 1478 James, Lord Hamilton, admitted, before the Lords of the Council, "that he owed to Master John Lyle £5, for his labour in passing to visit the Lord Somerville's son at Ayr, vexed with infirmitie, as he caused him to pass" (Act Dom. Con., 20). In the same year Janet, Lady of Craigmillar, obtained a decree against Lord Somerville, for the "third of 9 score demyis of gold, the third of two chalders of aits and ber, the third part of 11 silver pieces, and 5 goblatis, and 6 silver spwnys, and the third part of 40 kye and oxen and young nolt, pertaining to her by the decease of William Somerville, her spous, because the said John, Lord Somerville, offtymes callit and nocht comperit, failyeit in his pruf ye day assignit to him yarfor" (Ibid, 15). From this it would appear that William Somerville had left a family, for whom Lord Somerville acted ; that he had taken possession of the effects of the deceased, but was unwilling to account to the widow for her share, either because he thought her sufficiently provided for otherwise, or because she had contracted a second marriage. Lord Somer- ville, in May, 1487, granted a deed by which he made a con- siderable addition to the revenue of the collegiate foundation in the church of Carnwath (Mem. Som., I., 259). He was in 1489 honoured by a visit from James IV., on the occasion of the VOL. II. 3 R 500 THE UPPER "WARD OF LANARKSHIRE. marriage of his younger son. He was unable, from age and infirmities, to do more than meet the King at a short distance from the gate of Cowthally Castle (Ibid, I, 297). He died in November, 1491, and was buried in the collegiate aisle in the church of Carnwath (Ibid, I, 268). By his first marriage he had a son, William, Master of Somerville, and another, John, by his second wife, of whom he was passionately fond, conferring on him a large portion of the family estates, among which were included the lands of Quothquhan and the barony of Cambus- nethan, in Lanarkshire (Ibid, I., 260). William, Master of Somerville, was married, in 1476, to Marjorie, daughter of Hugh, Lord Montgomery, afterwards Earl of Eglintoun, when his father settled on him the baronies of Carnwath and Lintoune. His title to these was confirmed by a charter, under the Great Seal, in the following year (Ibid, I., 25 I ; Beg. Mag. Sig., XVIII., 10). It would appear that, his wife having died, a contract of marriage was entered into between him and Jonete, daughter of William Douglas of Drum- lanark, as, after the death of his father, Marion, Lady Somer- vale, Sir William Baillie of Lammyngton, John Somervale, and Thomas Somervale, executors of the late John, Lord Somervale, raised an action against James, son and heir of William Douglas of Drumlanark, and others, for the wrongous detention of the sum of 1000 merks, for the marriage treated and completed between the late William Somervale, son of the said John, Lord Somervale, and Jonete, daughter to the said William Douglas. But the Lords of the Council found, on the 10th July, 1492, that although John, Lord Somervale, had been charged on the 1 2th October, 1478, to enter his son in the feu of his lands and give infeftment to the said Jonete, in terms of the contract, he had tailed to do so, and that, in consequence, his executors had no right to claim payment of this sum of 1000 merks (Act Bom. < 'on., 2 U\\ The Master of Somerville died in July, 1486, Leaving two sons, both of whom in succession enjoyed the family honours (Mem. Som., I., 257). John, fourth Lord Somerville, being a very young child at the date of his grandfather's death, his uncle, Sir John of Cam- THE PAEISH OF CAENWATH. 501 busnethan and Quothquan, his nearest male agnate, assumed the office of guardian. As the barony of Carnwath was at this time held ward of the Crown, the Lords of the Council interfered, with the view of securing to the King his feudal casualty of the marriage of his vassal. In February, 1491-92, they assigned a day to John Somerville, tutor to John, Lord Somerville, heir of the late William Somerville, and John, Lord Somerville, to produce the said child, and to hear the right of its marriage declared to pertain to the King, or else to show cause that it should not, and produce any evidence of right to it. In the following March the said John was again ordered to pro- duce the child, "that the King may gif him a curator to his pley, as his tutor was suspect in this matter," as he claimed part of the lands (Act Bom. Con., 207, 217). Sir John Somerville had, however, sufficient interest at Court to procure a new investiture in favour of his nephew. A charter passed the Great Seal, in virtue of which the barony of Carnwath has ever since been holden blench of the Crown. The reddendum in this grant is one of the very few instances of jocular services which are met with in Scotland. The Baron of Carnwath became bound to pay annually to the King the price of two pairs of red hose, made of two half-ells of English cloth or stuff, to be given on the feast of St John, at Midsummer, to whoever, on the ground of the barony of Carnwath, should run most quickly from the east end of the town of Carnwath to the cross called the "Hale Crosse." Super solum baronie de Carnwath alicui viro citius currenti, a fine orientale ville de Carnwath usque ad crucem nuncupatem "Hale Crosse." A certificate of the performance of this service was regularly returned to the Exchequer every year, an instance of which occurs in the " Referendee Register " for the year 1522. This annual race is still kept up by the pro- prietors of the barony, with the laudable desire of preserving old customs and institutions (Mem. >Som., I, 276; Riddel's Peerage and Consistorial Law, I, 350). The other acts of Sir John Somerville were by no means for the advantage of his ward. By a trick of conveyancing he possessed himself of a large portion of the family estates in Mid-Lothian, and otherwise enriched 502 THE UPPER WARD OF LANARKSHIRE. himself from his nephew's revenues (Mem. Som., I., 281). Lord John became of age in 1506, but was found to be weak both in body and mind; in consequence of which, his uncle, Sir John, continued to take the entire management of his estates, in spite of the efforts of his brother, Hugh, a man of spirit and energy, to obtain the position in the family affairs to which his birth entitled him. Sir John Somerville having fallen at Flodden, his widow and son used every endeavour to maintain the same influence over Lord John, but Hugh was now more powerfully supported at Court, and sued out successive briefs of idiotcy against his brother. He was at first unsuccessful, an action at his instance being dismissed by the Lords of Council on the 23d November, 1513 (Ibid, I., 823), but at last obtained a decree empowering him to intromit with the whole rents belonging to the barony, the maines of Cowthally and Lampits being- appointed for Lord John's maintenance, and the title and entry of vassals reserved to him during his life; while Thomas Somer- ville of Blackcastle, and David Somerville of Greenfield, were ordained to place trusty servants with Lord John, both for the care of his person and the bringing in the rents of these lands for the use of his house, which he kept at the castle of Cowthally till he died in the year 1524 (Ibid, L, 287-331). Hugh, fifth Lord Somerville, married, on the 20th December, 1 5 1 0, Anna, sister of Sir James Hamilton of Fynart, who died of small- pox in the latter part of 1516, in which year he built the Cross at Carnwath, and placed his own and his wife's arms upon it (Mem. Som., I, 321, 332). In the following year he married his second wife, Janet, daughter of William Maitland of Leidingtoune. The author of the "Memoire of the Somer- villes" (I., 334) gives an amusing account of the reception of this lady at ( 'aimvath and Cowthally, but we can only refer to this, as its Length precludes our inserting it in full, while no justice could be done to it by any abridgement. On the death of his brother he succeeded to the title, and sat in the Parliament held at Edinburgh on the 16th November, 1524, and 22d February, following Act Pari., II., 285, 288). When his cousin, Sir John Somerville of Cambusnethan, the son of Sir John of THE PARISH OF CARNWATH. 503 Quothquan, was forfeited in 1522, on the return of the Duke of Albany and the retirement of the Earl of Angus to England, Lord Hugh obtained a grant of that portion of his lands which lay within the barony of Carnwath {Mem. Som., I., 347). When Cambusnethan's attainder was reversed in 1525 (Act Pari, II, 298), he, without success, required Lord Somer- ville to repossess him of those which were in the hands of his Lordship ; whereupon he raised an action against the tenants, in the Commissary Court of Carnwath, it being a collegiate church and this Court a church-judicatory, as it would appear it had this privilege at that time, "for he gott them acted for payment, which they refusing, were cursed by the church." He also obtained a warrant from the King to distrain their goods till his rents were paid. On attempting to enforce this latter writ, he was stopped by Lord Somerville, at the head of a body of armed men, when an affray occurred, in which several were slain on both sides. Thereupon Cambusnethan renewed his petition to the Lords of the Council, and in August, 1527, obtained another warrant to charge Lord Somerville, by open proclamation at the Market Cross of Lanark, to desist from hindering him putting his letters in execution against his tenants, with certification of penalties of the highest nature in case of disobedience (Mem. Som., I., 349-354). In 1526, Hew, Lord Somerville, accompanied the Earl of Angus to the border, and assisted him in resisting the attempt of Scott of Branxholm to carry off the King when they were conveying him from Melrose to Edinburgh. On the first meeting of Parliament thereafter, he obtained an Act declaring that, in acting as he did on that occasion, "he had committed no fault" (Act Pari, II., 312). When James V. made his escape from Falkland in 1528, Lord Somerville deserted the party of the Douglases, and joined the King at Stirling. He sat in the Parliament held at Edin- burgh in the September of that year, when the Earl of Angus was convicted of high treason, and a sentence of for- feiture passed against him (Ibid, 322). Lord Somerville con- tinued to press Sir John Somerville of Cambusnethan for an account of his father's intromissions with the family estates 504; THE UPPEE WARD OF LANARKSHIRE. during the minority of Lord John, until, on the 30th April, 1532, they entered into a submission, referring all differences between them to the decision of the King, who should deter- mine according as he thought fitting {Mem. Som., I., 372). Lord Somerville became a great favourite with James V., who, on the occasion of the marriage of Lord Hugh's daughter with Murray of Cockpool, in July, 1532, honoured the castle of Cow- thally with his presence for several days. His Majesty renewed his visits on several subsequent occasions, both for the purpose of enjoying the pastimes of hawking and hunting, and of attend- ing the nuptial festivities of other members of Lord Somerville 's family (Ibid, I, 372, 377; 385, 393). In 1531 Lord Somerville was appointed one of the arbiters for staunching a feud in which his relative, Somerville of Plaine, was engaged (Pit. Grim. Trials, I., 167*). In the following year he had to find security to underly the law at the next justice-air of Lanark, for the stow- thrief and oppression done to John Tweeddale, in Carnewethe, in reiving from him two cows, and of all his horses and mares, oxen, cows, and all his crops, namely, corn, oats, straw, fodder, hay, together with all his goods and utensils (Ibid, I., 169). Lord Somerville became bail for Chancellor of Quodquene in 1536 (Ibid, I., 175*). When the King was, in 1537, on the point of bringing home his first wife, Magdalen of France, he instructed the Lords of the Council "to advertise such of the nobilite as mynded to waitt upon the Queen or visite the Court, at first to putt themselves and servants in better equipage then was in use in that age, and withall to conforme themselves somewhat both to the fashions and customes" of France and the other continental nations. Lord Somerville zealously followed out these instructions, and borrowed a large sum of money, for which lie had to burden his estate with a serious annual payment (see ante, Vol. II., p. 484), with which he provided for himself and two pages the most rich and gorgeous attire. On presenting him- self at Court the King hardly recognised him, and observed, "My Lord, you are very brave; but where are all your men and usual attendance?" Lord Somerville, pointing to every lace on his «>wn clothes and those of his pages, replied, "If it please your THE PAEISH OP CARNWATH. 505 Majesty, here they are;" whereupon the King, to the great delight of all the nobles, "bade away with them all, and let us have your men again" {Mem. Som,., I., 388-393). In the same year Lord Somerville sat as one of the Lords of the Council on the trial of the Master of Forbes {Pit Grim. Trials, I, 185*). In 1539 we find him assisting in opposing one of the arrogant encroachments of Cardinal Beatoun, as in that year he was a witness to a protest taken by the rector of Annan, Commissary of Glasgow, that the erection of the cross of the Lord Cardinal, Archbishop of St Andrews, before the public at Dumfries, should not affect the rights of the Archbishop of Glasgow {Reg. Glas., 553, 502). When, in 1540, there appeared every pros- pect of a war with England, James V. renewed, with additional severity, all acts against the Earl of Angus and his adherents. Lord Somerville was present in the Parliament summoned on that occasion, in which the forfeiture of the Earl of Angus was confirmed, while Douglas of Parkheid and Sir John Hamilton of Fynart were convicted of high treason {Act Pari., II., 361; see Vol. II, pp. 120, 140). Lord Somerville was taken prisoner at the rout of Solway, in the end of the year 1542. He was committed to the ward of Lord Audley, Chancellor of England. His ransom was at first fixed at the sum of 4000 merks, for which he lodged pledges with the Earl of Warwick {Lodges Illustrations, I, 37). It was afterwards reduced to 1000 merks, when Lord Somerville was discharged, on sending his eldest son to England as a hostage for payment of that sum {D. Peerage). He was pre- sent at the Parliament held in Edinburgh on the 13th March, 1542-43, when the Earl of Arran was declared to be the second person in the kingdom, on which occasion he was appointed one of the committee "for discussion of domes" {Act Pari, II, 410, 413). There can be no doubt that Lord Somerville, as well as the other nobles liberated at the same time, entered into engagements with Henry VIII. to promote the marriage of his son with the infant Queen of Scotland, and he appears to have adhered, for a considerable period, witli great fidelity to the party which supported this measure. He received 300 merks 506 THE UPPEK WAED OF LANAEKSHIEE. of the sura which Sadler, the English Ambassador, was entrusted with for the purpose of distribution among the influential per- sons who were favourable to the views of his master. This diplomatist gives the following account of a conversation he had one evening with Lord Somerville, who said, "that things had not succeeded in all points as he thought and would they had, but yet there was no doubt but all should be well ; . . . that the ambassadors were despatched to your Majesty with ample power to conclude the marriage and the peace, which done, all shall be well. I asked whether they had also concluded that the child should be brought into your Majesty's hands. He answered that he and they which stand on your Majesty's part would fain have had it so, but the rest of the great Lords (which were a great number) would not agree to it, but he trusted that some means would be devised therein, for the time, to please your Majesty, and the rest would also succeed in time. I asked hi in how they would conclude a peace with your Majesty that might ever stand valeable to both their realms, when by their league with France they are bound to the contrary, without reservation or exception of France. Quoth he, 'We will utterly leave them, and go with you against France, which we may do without offence of the league, for they have broken with us many times, as we be able to prove" (Sadler's Letters, I., 72). The party with which Lord Somerville acted were, however, only partially successful in regard to the two points upon which the English Ambassador insisted in this conversation, as at a meeting of Parliament held at Edinburgh on the 8th June, 1543, win 'ii Lord Somerville was present, the following instruc- tions were given to the Scottish Ambassadors: "Item — It is aggreit that plegis be laid to the King's Majesty of Ingland, to the nomber of six Earlis or Baronis, or thair airis, sic as the King's Majesty of Ingland sail haif cause to be contentit, quilk plegis sail remane till the delivery of our said Soverane Lady at her said aige of ten yers. Item — It sail stand at the King's I rrace plesour, to send ony man of wirschip of Ingland, and ane lady, with snche company as accords to their estate, not excedand twenty personis, men and wemen, to gif attendance upon the said THE PARISH OF CARNWATH. 507 young Quene and. her virtuis upbringing, and to remane upon the King of In gland's expenses. Item — Concerning the per- petuale piece : The samin sal be passit according to the artiklie of the last piece betwixt Ingland and Scotland, the exceptioun of France, namely, the proviso beand pretermittit and left out" {Act Pari., II, 425). Sadler relates a subsequent conversation between him and Lords Somerville and Cassilis : " 'For our part,' quoth they, 'we be resolved to meet here altogether at such time as we think we shall hear word again from the ambassadors; and then if we perceive that the King's Majesty stands upon any reasonable point that we have promised, we shall do that lies in our powers to satisfy His Majesty; and let him be reproved that shall fail his promise.' This, I assure yonr Majesty, the Earl of Cassilis sj)ake very frankly, and the Lord Somerville affirmed the same. I take them both to be very plain and true gentlemen to your Majesty, but I fear their power, as I can perceive, accordeth not with their good-wills. Once they will serve your Majesty to the uttermost they can against all nations, as they have affirmed to me. And the Lord Somerville, as he was going from me, whispered in my ear, 'That if your Majesty did stand fast upon your promise, there was no doubt you should obtain it, for they were not able to maintain the wars against your Majesty''' (Sadler's Letters, I., 97). This statement contains evidence that even the most zealous adherents of King Henry among the Scottish nobility had begun to entertain doubts of his good faith and sincerity. Still their suspicions were not so strong as to induce them to desert him until they had an opportunity of ascertaining his views by personal communication. They, in consequence, assembled at Douglas Castle in October, 1543, and resolved to despatch Lord Somerville to England to ascertain what King- Henry really intended. In attempting this journey, Lord Somerville was taken prisoner by the adherents of the Gover- nor, who had given up all idea of carrying out the English marriage, and was confined, first in Edinburgh Castle and after- wards in Blackness. The matter was immediately brought under the notice of Parliament, as the following occurs among VOL. II. 3 s .'OS THE UPPER WARD OF LANARKSHIRE. the minutes of the meeting on the 8th December: "It is thought by the Lord Governor and the Lords of the Articles, that ane summons of treason may be raisit upon the Lords and others that subscrivite the writing directed forth of Douglas with the Lord Somervell to the King of England; therefore the Advocate is directed to libel them" (Act Pari, II, 429). It so happened, however, that the only papers given to Lord Somerville were mere letters of credence, the meeting having entrusted to him only verbal instructions as to what he should communicate to the English Court, and the result justified the confidence they had placed in his honour, "for no threat of the Governor, though torture was spoken of, could make him betray the trust reposed in him, so far as it did not appear from the papers seized on his person" (Sadler's Letters, I, 201, 289, 297, 327). The consequence was that the proceedings were dropped, a step rendered further advisable by the fact that the violent proceed- ings of the English King had by this time alienated from him every supporter he had in Scotland (see Vol. II., 121). Lord Somerville was one of the Barons present in the Parliament of 1 545 who, on the receipt of a message from the King of France offering assistance to defend the kingdom, subscribed an under- taking, "whereby they agreed to be ready at all times to defend the realm, and to invade that of England as oft as the occasion of tyme shall occur and it be thot necessary and profitable" (Act Pari, II, 593). In the following year he was appointed one of the Sic ret Council, and was ordered to attend upon the Lord Governor from the 10th of July to the 10th of August (Ibid, 597). He was present in the Parliament held at Edinburgh on the 29th November, 1518 {Ibid, 503). He died early in the subsequent year, and was (with his wife, who survived him only ;i few months) interred in the collegiate aisle of Carnwath, where their tomb, surmounted by their recumbent effigies, still remains (see Plate XIV, Figs. 1, 2; and also ante, Vol. II, p. 483). II- was succeeded by his eldest son, Lord James, who, while only a youth, was married, in 1540, • i Agnes, daughter of Sir James Hamilton of Fynart, the Treasurer, then in great favour with James V. (Mem. Som., I, THE PARISH OF CAENWATH. 509 393). Two years afterwards he went to England as hostage for the payment of his father's ransom. His health appears to have suffered in this captivity, as Sir Kalph Sadler writes to Henry VIIL, on the 1st May, 1133: "My Lord Somervil maketh special suit to have his son home, who is very sick of the stone, and off ere th as good or better pledges for him till he be whole, assuring me that if he may not come home for help to be cut of the stone, which disease he hath by kind, he is like to be in great peril of death" (Sadler's Letters, I., 182). Most probably the state of his health was exaggerated, for although he was not liberated till the year 1515, we hear no more of his illness (Mem. Som., I., 403). In 1550 he had a charter of the barony of Carnwath in favour of himself and his wife {Reg. Mag. Sig., XXX., 502). In 1551 James, Lord Somerville, became security for the appearance of Lindesay of Covington before the Court of Justiciary {Pit. Grim. Trials, I, 369*; see Vol. I., p. 167). In the following year he became bail for the rector of Liberton, who was charged with committing an assault; and an attempt was made to assassinate ["invade to his slauchter"] his Lord- ship by Baillie of Bagbie (Ibid, I., 383, 382; see ante, Vol. I., pp. 155, 188). Lord Somerville was one of the Commis- sioners appointed by the Queen Dowager to treat with a depu- tation from the Lords of the Congregation. They met at the village of Preston, but could come to no agreement, for the Queen, while seeming to yield unto the free exercise of religion, would have it provided that in what place she happened to come the ministers should cease from preaching and the mass only be used (Keith's Hist., I., 283). He attended the Conven- tion of Estates assembled in the following year, but when the Confession of Faith was read in open session, and put to the voices, he dissented, declaring, along with the Earl of Athole and Lord Borthwick, "that he would believe as his fathers before him had believed" (Ibid, I, 327; Act Pari, II., 525). He, however, took part in the subsequent proceedings of the Convention, and signed the authority and instructions to the Commission of the Estates who were sent as an embassy to England for the purpose of moving Queen Elizabeth to take 510 THE UPPER WARD OF LANARKSHIRE. the Karl of Arran for her husband (Act Pari, II., 605). In L563-64 he became security that Cannichael of that ilk would appear and underly for an assault of which he was accused (Pit. Grim. Trills, [, 439*; see ante, Vol. II, p. 11). He refused to nd the Convention held in July, 1567, holding that there could be no lawful meeting of the Estates while the Queen was held in restraint (Mem. Som., I, 421). In this Convention his hint her John, who had in 1555 been attacked by Lindesay of Covington and Johnstone of Westraw (Pit. Grim. Trials, I, 383; see ante, Vol. I, p. 467), was arraigned on a charge of 3 on, as accessory to the murder of Darnley and the abduction of the Queen at Foull Briggis on her journey from Linlithgow to Edinburgh (Act Pari, III, 6). When Queen Mary made her escape from the castle of Lochleven in the spring of 1568, Lord Somerville joined her at Hamilton with 300 horse. He there subscribed, on the 8th of May, the bond which her adhe- rents entered into for her defence. At the battle of Langside he was severely wounded by a dagger in the face and a spear in tin- thigh, and retired to his castle of Cowthally (Keith's Hist, II, 807; Mem. Som., I, 425). He died in 1569-70. Shortly, however, before his decease an overture having been made to him for a marriage with the family of Cambusnethan, he sub- mittal their titles, which had been placed in his hands with a view to an ante-nuptial contract, to his relative, Sir John Mait- land, afterwards Lord Thirlstane, and Chancellor to James VI. ' >n perusing the deeds, Sir John discovered the manner in which a large portion of the family estates had been improperly appro- priated to his own use by Sir John Somerville of Quothquan, the ancestor of the Cambusnethan family. By Maitland's advice, Lord Somerville raised an action for the restitution of these lands. This suit was keenly contested; it survived Lord James, and was not decided in favour of his successor till the year 1577, and then only in consequence of a heavy bribe given to the nt .Morton (Mem. Som., I, 435, 4i9). Lord James was -lire, eded by his eldest sou, Lord Hugh, who was present along with his father in the Convention of 1560, but does not appear to have joined in the CO H '•OC •H • - < K ^ i f i / " o * ■: - THE PAEISH OF CAENWATH. 511 protest against the Confession of Faith. Indeed, although he fought on the side of the Queen at Langside, he soon attached himself to the part of the Reformers (Act Pari., II., 325; Hist. and Life of James Sext, 4-12; Mem. Som., I., 443). He married in his father's lifetime Helenor, daughter of Lord Seaton, by whom he had a numerous family (Mem. Som., I, 441). Lord Hugh attended the Parliaments of 1572, 78, and 79, but appears to have taken no prominent part in their deliberations (Act Pari, III, 77, 115, 127). In 1574 he was one of the persons appointed to overlook the waping shawings in the county of Lanark (Ibid, 91). In 1579 he obtained an Act, declaring that he, his brothers, and paternal uncles, were entitled to the benefits of the pacificatoune made at Perth on the 28th February, 1572, and afterwards ratified by Parliament in the same manner as if they had been especially and expresslie nominat therein (Ibid, 186). Lord Hugh was one of the assize before whom the Regent Morton was, in 1581, arraigned as accessory to the murder of Darnley, and also of that which, in 1684, convicted the Earl of Gowrie of being concerned in the Raid of Ruthven (Pit. Grim. Trials, I., 114, 116; Act Pari, III., 304). He attended the Parliaments of 1581, 83, 84, and 85, but still without taking any leading part in the proceedings (Act Pari, III., 81, 330, 290, 374). On the 26th January, 1387-8, he had granted to him a remission under the Great Seal for the death of his brother Robert (Reg. Mag. Sig., XXXVL, 324). He was one of the assize which convicted the Earls of Crawford and Huntley in 1589, and of that which found Francis, Earl of Bothwell, guilty of treason in 1592 (Mem. Som., I., 465; Act Pari, III., 537). Lord Somerville was very unfortunate in his family affairs. In the year 1587 he quarelled with his wife, and parted from her, whereupon she raised an action of adherence and aliment against him in the Commissary Court of Edinburgh; and, on the 11th June, 1588, obtained a decree against him for an annual pension of ^lOO (Mem. Som., I., 465). In the following year, his eldest son, William, Master of Somerville, accidentally shot one of his younger brothers. His father at first attempted to take vengeance ," 1 2 THE UPPER WARD OF LANARKSHIRE. with his own hand, but the King interfered; and, pointing out that the unfortunate deed was not intentional, but only a mischance, prevailed upon Lord Somerville to take the Master again into his favour, who, with his father's approval, entered into a contract of marriage with a daughter of Douglas of Druinlanerick, in consequence of which Lord Hugh executed at Edinburgh, on the 2d February, 1590, a deed by which he obliged himself to infeft and lease the Master and his heirs in the baronies of Carnwath and Lintoun. Before the marriage could be celebrated, the Master of Somerville was unfortunately seized with a fever, from the effects of which he never recovered; but, after lingering some months, died in January, 1592. Upon his decease, his next brother, Gilbert, became Master of Somer- ville. He had given great offence to his father, which was much increased, when he shortly afterwards married a daughter of Somerville of Cambusnethan. In consequence of this, Lord Hugh endeavoured to settle the whole of his estates on Hugh, his youngest son; but Gilbert being the heir of his brother William, this was rendered impossible by the bond which Lord Hugh had given to infeft him and his heirs in the baronies of Carnwath and Lintoun. Litigation at once arose between the Master and his father and younger brother. An attempt was made to compose their differences by arbitration, but the award of the referees being unfavourable to Lord Hugh, he refused to abide by it. From litigation, the dispute, as was not unusual in those times, passed into feud, and several violent encounters ensued between the partisans of the contending parties. This unsatisfactory state of matters continued till the death of Lord Hugh, which occurred on the 21th March, 1597. Lord Gilbert on his accession found his brother, Huo;h, deter- mined to keep possession of the castle of Cowthally, whereupon he proceeded to lay regular siege to it. The progress of the attack was, however, interrupted by the King, who sent a herald to order Lord Gilbert to withdraw his force, and the defenders "I the castle to deliver it into the custody of the King, who appointed Somerville of Overcallo to have the charge of it until the family disputes were arranged. Lord Gilbert was, in 1598, THE PARISH OP CAENWATH. 513 accused of an attempt to make a violent assault on James Lockhart, younger of Lee (Pit. Grim. Trials, II., 61; see ante, Vol. II., p. 296). In this year he succeeded in obtaining a warrant from the Council for the delivery of the House of Cowthally into his possession ; after which, he and his wife and family resided there, but the estate being much burdened by these law suits and disputes, and they keeping open house, and exercising a hospitality inconsistent with their income, his affairs fell into irremediable confusion, and he was obliged to sell the barony of Carnwath in 1662 to John, Earl of Mar {Mem. Som., I., 466 to II, 86), who resold it about the year 1630 to Eobert, Lord Dalyell. Lord Dalyell was, in 1639, created Earl of Carnwath, and died in the latter part of the same year (D. Peerage, I., 311). He was succeeded by his eldest son, Robert, second Earl of Carnwath, who, in 1634, during his father's lifetime, had a charter of the barony and lordship of Carnwath {Reg. Mag. Sig., LIV., 237). He was nominated a Privy Councillor in the year 1641 {Act Pari, V, 675). On the 6th of July, 1643, the minister of Carnwath reported to the Presbytery of Lanark " That my Lord Carnwath had sittin in the pillar, and satisfied the Session for his fornication, and that he is willing to subscribe the Covenant, as likewise that he promises to satisfy the Presbytery in mortifying that part of the stipend of Carnwath which is in his hand to some pious use, if he shall happen shortly to return to Carnwath, and otherwise shall give a commission to his brother John to that effect. The brethren, however, being informed that my Lord Carnwath has presumed, without any authority, to read a private letter from His Majesty publickly in the Kirk of Carnwath, before the closure of Divine service, to the great prejudice of ecclesiastical order, and with the dangerous scandall of that and other people, they resolve to take order therewith at his first return" {Pres. Rec.) The Earl attended the convention of estates which assembled at Edinburgh on the 22d of June, 1643 {Act Pari, VI., 3). On the following day, however, Sir Archibald Johnston of Wariston, in name of the Commissioners of Shires, and Sir ."14, THE UPPER WARD OF LANARKSHIRE. John Smith, in name of the Commissioners of Burghs, laid information before the Convention, " that Robert, Earl of Cam- wath, had, in presence of His Majesty and some noblemen, traduced the proceedings of this kingdom, quilk are ratified and allowed by His Majesty and Estates of Parliament. In so farre as upon occasion of the Commissioners that wer direct to His Majesty, in January last, thar pressing libertie to go to London, conforme to thair instructions and safe-conducts, the said Earl of Carnwath, in opposition thereof, and of the desires of this kingdome, proudlie averred and said to His Majesty, in the hear- ing of some noblemen, these, or words to that effect, namely, 'Sir, it is a strange thing to see that they wer not satisfied to come in against your Majesty themselves, bot they must come in lykwayes to assist the rebellion here.' Whereupon the Con- vention ordained the maisers to pass and charge the said Earl of Carnwath to come and sist his person presentlie with all diligence before them." The Earl, although this citation appears to have been served on him personally, thought it prudent not to appear, but withdrew and joined the King in England. The Convention, having re-assembled later in the same day, ordained that, seeing the Earl " withstanding in contempt and neglect of the judicatorie, did neither appear, nor so much as send any answer to thame, bot suffered thame to attend all this afternoone without so much as an excuse, he should be charged at the Market Cross of Edinburgh to enter his person in ward within the Tolbuith, therein to remain upon his awne expenses ay and whill he be relieved by the Convention, and that he enter in ward within twelve hours next after the publication theirof, under the pain of i?10,000 Scots." On the following day they declared that as the Earl had not obeyed their summons, he had forfeited this sum (Ibid, VI, 5, G). On the 1st of July a committee was appointed to try the truth of the accu- itions against him (Ibid, VI, 7). On the 18th of August following the ( '(invention, considering "that the Earl of Carnwath was orderly denunceit, and put to the home for the non payment of the fine of ri<),0(>(), takand no regard thereof, but hes the hail] benefit of his land and rentes as if nather law nor justice THE PARISH OF CARNWATH. 515 were able to overtake him," ordained " that the first troupes of horse or foot soldiers that shall be leveyed within this kingdom do repair forthwith, efter the first randivous, to the said Erie, his dwelling-houses and lands, tak possession thereof, intromet with the maills and dueties of the samen, tak thair awin inter- tainment thairof being employit for the use of the public ay and whill he mak payment of the said fyne," and declared, " That whatsoever sowmes of money or victuall sale be tane from or payed by the tennentis or utheris dwelling on the lands, to, and for the use of the said souldiers, that the samyn shall be allowed in pairt payment of the said Erie his rent; that the tenents and others aforesaid shall be free of the samyn, and all farder payment thereof, and that whatsoever sal be tane up by this way is without prejudice of the payment of the said =£10,000 Scots" {Ibid, VI, 44). Lord Carnwath was, in June, 1644, placed, by the Act of Classes, among the most obnoxious of the malignants (Ibid, VI., 101-104). He was present at the battle of Naseby on the 14th of June in the following year, on which occasion, according to Clarendon (II., 508), he was the cause of the defeat of the royal forces: "The King was on the point of charging at the head of his guards, when the Earl, who rode next him (a man never suspected of infidelity, nor yet one from whom His Majesty would have taken counsel in such a case), on a sudden laid his hand on the bridle of the King's horse, and swearing- two or three full-mouthed Scottish oaths, said, 'Will you go upon your death in an instant?' and before His Majesty under- stood what he would have, turned his horse round, upon which the word ran through the troops that they should march to the right, which led them both from charging the enemy and assist- ing their own men, upon which they all turned their horses upon the spur, as if they were every man to shift for himself." About the same time the Scottish Convention of Estates passed an Act of Forfeiture against the Earl (Act Pari. VI., 182). As this attainder did not extend to the issue of the Earl, his eldest son, Gavin, who had obtained from his father a grant of the fee of the barony of Carnwath, assumed the title. He had, however, VOL. II. 3 T 51(3 THE UPPER WARD OF LANARKSHIRE. to pay 100,000 marks on account of his father's liferent, where- upon he, in April, 1646, obtained a charter under the Great Seal of the earldom of Carnwath {Reg. Mag. Sig., LVIL, 475). This deed has led Mr Wood, in his edition of the " Douglas Peerage," to suppose that Earl Kobert had died before this year, which, however, is a mistake, as we will immediately see that he was alive at a much later date. Earl Gavin was appointed one of the Committee of War for the county in February, 1646 (Act Pari, VI, 214). An Act was passed in regard to him in 1647, but the nature of its provisions is not recorded (Ibid, VI, 283). In 1648 he was again elected one of the Committee of War (Ibid, VI, .298). He had, in the same year, an Act of Ratification, the tenor of which has not been preserved (Ibid, VI, 334). In the follow- ing year the Convention ratified a contract which he had entered into with the Presbytery of Biggar (Ibid, VI, 371). On the 1st of August, 1650, the Presbytery of Lanark ordered Robert Dalyell, sometimes Earl of Carnwath, to "compeire before them for his malignancie and prophanitie " (Pres. Pec.) When Charles II. was recognised as king by the Scottish nation in 1651, Sir Robert Dalyell took immediate measures, by a petition to Parliament, to recover his estates and dignities. His application was referred to a committee of the Estates (Act Pari, VI, 601, 606, 614, 623). Before a judicial decision could be given on this matter, the advance of Cromwell into Scotland forced the King into his gallant attempt to invade England. He was accompanied by Earl Gavin, who was taken prisoner at the battle of Worcester, and sustained an imprison- ment for several years (D. Peerage). After the Restoration, his father being by that time deceased, he sat in the Parliament of 1661; and was, in the same year, appointed one of the Com- missioners of Excise for the county (Act Pari, VII, 3, 5, 91). In the same year a report was presented to Parliament by a commission appointed to inquire "into the losses and sufferings Buatained by the deceast Robert, Erie of Carnwath, and Gavin, now Erie of Carnwath, his sonne, during the late troubles ; who, having sevaral tymes met and conveined, and having seen and THE PARISH OF CARNWATH. 517 considered the several Acts of Parliament and Acts of the Com- mittees and Convention of Estates relating thereto, with the accompts of the particular losses and sufferings sustained by the said Erie and his father given in to them thereanent, find and declare that the said Gavine, Earl of Carnwath, and his said father, have suffered and endured the particular losses under- written for their constant adherence to the service of his late Royal Majestie of Blessed Memorie and his present Majestie, now happilie restored; to wit, in the first, the said deceist Robert, Erie of Carnwath, being by Act, of the date the 24th June, 1643, decerned to have incurred the penalty of 10,000 punds money of this realme of Scotland, and upon an ordering of quartering of troops upon the lands, the said Gavine, Earl of Carnwath, was forced to pay the said sum; and also that the said Earl Gavine was necessitated to pay the said Estates the sum of o£3000, and the sum of 20,000 merks that was due by the Earl of Southesk as a part of the tocher of the said Earl Gavine; and that, on the forfeiture of Earl Robert, Earl Gavine had to pay 100,000 marks for his liferent; amounting in all, with interest, to the sum of 0^188,618 13s 4d; and that the said Earl Gavine is, in consequence of these losses, in distressed circumstances; whereupon the Parliament represented to His Majesty the propriety of a compensation for these losses should be recommended to His Majesty" (Act Pari, VII, 237; App., 46). Gavin, Earl of Carnwath, was one of the Commissioners of Supply for the county in the year 1667 (Ibid, VII., 544). He sat in the Parliaments of 1670, 1672, and 1673 (Ibid, VIII, 3, 55, 208). His eldest son, James, fourth Earl of Carnwath, was educated at the university of Glasgow (Mini. Univ. Glas., III., 110). He was served heir to his father, on the 30th of May, 1676, in the barony of Carnwath (Inquis. Spec, 337). He was one of the Commissioners of Supply for the county in 1678 (Ibid, VIII, 225). Having, however, failed in obtaining any compensation for his losses from the Crown, he was forced to sell the barony of Carnwath to Sir George Lockhart, president of the Court of Session, between the years 1681 and 1685 (Ibid, VIII, 232, 5 I 8 THE UPPEE WARD OF LANARKSHIRE. 452). Sir George Locldiart was the second son of Sir James Lockhart of Lee, and was called to the bar on the 8th January, 1G5G. By the influence of his elder brother, afterwards known Ambassador Lockhart, he was, on the 14th May, 1658, appointed advocate to the Lord Protector, which office he was to hold aut vita in aut culpam (Hist. Senators Coll. 'of Justice, 41!): see also ante, Vol. It, p. 300). At the Eestoration, this office of course came to an end, and he was forced, before his re-admission as an ordinary advocate, in July, 1661, humbly, on his knee, to take the oath of allegiance to the King, to acknow- ledge his prerogative, and to express his regret at having had the misfortune to be admitted during the usurpation (Hist. Senators Coll. of Justice, 420, quoting Books of Sederunt). The loyalty of his father, who had been replaced on the bench from which he had been banished during the Commonwealth, and the returning favour shown by Charles II. to his elder brother, procured him, in 1663, the honour of knighthood. He was appointed Dean of Faculty in 1672 (Ibid). He was one of the most eminent lawyers that ever adorned the Scottish bar. His great rival, Sir George Mackenzie, has sketched his character in the following terms : — " Lockhart might be called another Corpus Juris and a second Cicero. It was his peculiarity that he could arrange his arguments so that they supported one another like the stones in an arch ; and even when pleading without preparation he pointed out what occurred to him with prompt shrewdness, and brought it forward in due order. No point in jurisprudence was too deep for him, and as soon as a client had informed him of his case, he at once saw the arguments that might be used on either side, and laid hold of the real gist of the matter. Temper, which disturbs other apeakers, used only to excite him; but his appearance was marred by a hoarse voice and a shrivelled face/' Lockhartius corpus alterum Juris civilis alterque Cicero did poterat. Illi eticvm peculiare erat an/umenta sua co-ordine disponere ut tanquam lapidis in fomice alter alterum sustineret; qim ex improviso dim orwret ei suggerebantur prompta solertia indi- cabat aptisque locis disponebat. Nihil ah eo abscondit juris- THE PARISH OF CAENWATH. 519 prudentia, et qua/m primum casus Mi a cliente aperiretur, sua omnia, omniaque adversarii argumenta retexebat et in ipsam sententiam qua disinienda causa penetrabat. Iracundia, quce alios oratores turbabat, eum tantum excitare solebat; vocem tameu latratu vidtumque rugis deformabat (Ibid). Bishop Burnet also declares that he was the greatest lawyer and ablest pleader he had ever known in any nation; adding that his brethren of the bar had an absolute dependence on him (Hist, II., 47). Of the truth of the latter statement a remarkable illustration occurred in the year 1674. Sir George had advised Lord Almond, one of his clients, to appeal from a decision of the Court of Session to the King in Parliament. This was re- sented by the Court, as infringing on the Acts of James II. and V., whereby their judgments were declared final, and they pro- ceeded to obtain letters from the King prohibiting all advocates to desist from such appeals, under the penalty of deprivation. Sir George having refused to admit that such appeals were illegal, his name was removed from the rolls of the Faculty; whereupon the whole members of the bar, with one or two exceptions, declined to plead any longer before the Court, and, leaving Edinburgh, retired to Haddington and Linlithgow. This bold step was met by a second letter from the King, declaring that if the malcontents did not make their submission before a certain day, they should never be allowed to practise again. Upon this, Sir George and two other advocates were sent to London to give a personal explanation of their conduct. During their absence, Sir George Mackenzie persuaded the general body of the bar to submit to the King's wishes ; in consequence of this, Lockhart, finding himself deserted, was forced to follow the example of his brethren. The King having declared himself satisfied with his submission, he was readmitted to the bar on the 28th January, 1G7G (Hist. Senators Coll. of Justice, 421). From this date there hardly occurred any case of importance in which Sir George was not engaged. The ability, legal acumen, and resources displayed by him in defence of James Mitchell, who was tried in 1678 for an attempt to assassinate Archbishop Sharp and the Bishop of Orkney, made the Government in future ;,2() THE UPPER WARD OF LANARKSHIRE. very anxious that political prisoners should not have the benefit of his assistance; thus he was not permitted to undertake the defence of the Duke of Argyle, and he was commanded, on his allegiance, to assist the Lord Advocate, Sir George Mackenzie, in prosecuting the indictment against Baillie of Jerviswood (Ibid, 425; The Bass Rock, 71). Having purchased the barony of Braidwood, in Carluke parish, he was, in 1681, returned as one of the members for the county, and was elected one of the Lords of the Articles (Act Pari, VIII, 232, 235). Having afterwards acquired the more important barony of Carnwath, he from that time adopted the style of Sir George Lockhart of Carnwath. Having joined the opposition against the Earl of Lauderdale, he attached himself to the party of the Duke of York when that prince was sent to Scotland to represent his brother, and did his Koyal Highness a material service by giving his opinion that the Duke's commission to represent the King's person did not fall within the words of the Test Act (Burnet's Hist., II., 29 G). He again represented the county in the Parliament of 1685, wherein he was appointed one of the committee to draw up an answer to His Majesty's gracious letter, and also one of the Lords of the Articles; he was also nominated a commissioner for supply and cess, and a member on the commissions for trade, for the plantation of kirks, and valuations of tiends, and for the regu- lation of inferior judicatories (Act Pari., VIII., 452, 456, 457, 465, 478, 494). On the death of Sir David Falconer of Newton, President of the Court of Session, he was appointed to that high office, and was, in a few clays thereafter, admitted a Privy Coun- cillor and Commissioner of the Exchequer. He was called to London by King James, who was anxious to secure the assistance of his master-mind in his design for freeing the Roman Catholics from the penal statutes. Sir George continued to represent the county and preside over the Court of Session till the Revolution. Indeed, it seems questionable if he might not, even then, have been re-appointed to the latter office, as Lord Stair tells us. Sir orge, however, fell a victim to private revenge on the 31st of March, H;,S!>. Chiesly of Dairy, having a decree-arbitrable pro- nounced against him by Sir George, resolved to assassinate him. THE PAKISH OF CAENWATH. 521 He on this day, which was a Sunday, followed the President from the church to the close where he lived, and shot him in the back. Sir George fell, and being carried into his house, immediately expired, the ball having entered at his back and passed out through his right breast. Chiesly was taken red- handed in the act (Hist. Senators Coll. Justice, 425). A meet- ing of the Estates was called on the next day upon the extra- ordinary occasion of this murder, whereat a supplication was presented by the friends of the late Sir George, "for granting power and warrand to the magistrats of Edinburgh, anent the torturing of John Chiesly of Dalrye, the actor of the horrid and inhumane murder of the said Sir George Lockhart, and of William Calderwoocl, writer, as accessory thereto." Whereupon the Estates, "in regard of the notoriety of the murder, and the execrable and extraordinary circumstances thereof," appointed and authorised the Provost and two bailies of Edinburgh, and "lykewayes the Erie of Erroll, Lord High Constable, his deputs, if the said deputs shall please to concur, not only to cognosce and judge the murder, but to proceed to torture John Chiesly of Dairy, for discovering if there were many accomplices, advysers, or assisters to him in that horrid and most inhumane act; and also two of each bench {Estate), as assessors to the said judges ; ordering, at the same time, these assessors to report to them, at their next meeting, what evidence should arise against the said William Calderwood, that they may consider whether they should appoint him to be tortured or not." The Estates further declare, "that albeit in this extraordinary case they have allowed to tor- ture, yet the same shall be no preparative or warrand to proceed to torture at any time hereafter, nor homologatione of what has been done at any tyme by-past." Although all parties were anxious for the punishment of murder, the further proceed- ings forcibly illustrate, the jealousies which at this period sub- sisted among the various local jurisdictions of the country, for the Lord Provost of Edinburgh protested that this act of the Estates should not in any way prejudice the act and liberties of the good town ; while the deputies of the Earl of Errol, declared that, as the crime was committed during the sitting of Parlia- , 2 2 THE UPPER WARD OF LANARKSHIRE. mtut, he, aa Lord Constable, and his deputies were the sole judges of the offence, and refused to concur in the proceedings, unless they were to be the sole judges (Act Pari, IX., 30). ( Ihiesly having been put to the torture, confessed, and was ordered to be hanged the following Wednesday, his right hand to be cut off when alive, and affixed to the West Port, and his body hung in chains between Leith and Edinburgh (Hist. Sena- furs Coll. Justice, 426, quoting Arnot's Grim. Trials). On the 1 6th of the following May, William Calderwood, who had been imprisoned upon the suspicion of being accessory to the murder <>f' Sir George, presented a petition to Parliament, stating that Chiesly had, at the time of his torture and even after his sen- tence, freely acquitted him of any accession to his crime, or foreknowledge thereof, "esteeming him not worthie, upon anie account, to impart his nrynd to him, of which, if God by his g 1 providence had so ordered it, that the petitioner had got but the least prospect of so horride a clesigne, either by word or attempt, befor committment of the dreadful fact, he holds him- self obliged in conscience to have discovered the same if it had been but designed upon the meanest of persons, lett be to be upon one who in his time and station was the glory of the nation" and declaring, in consequence of his incarceration, he and his family were in starving condition, in consequence of which he prayed that he might be liberated. The prayer of this petition being opposed by the relatives of the late Sir George Lockhart, the Parliament ordered him to remain in prison, on their undertaking to entertain him there at the rate of eight shillings Scots per diem (Act Pari, IX., App., 29). Sir George married a daughter of Lord Wharton, and was Led by his eldest son, orge, who was served heir on the 24th May, 1690 (Inquis. 387). He was appointed a Commissioner of Supply in 1702 and 1704 (Act Pari, XI, 21, 139, 141). He was elected one of the members for the county in the year 1703, when he adhered to a protestation by Dundas of Arniston in defence of tli" rights of the freeholders, and was appointed one of the itti e on the importation of wines (Ibid, XI, 30, 72, 102). THE PARISH OF CARNWATH. 523 He continued to represent the county in the years 1704, 1705, 1706, and 1707. In 1705 he was appointed one of the Council of Trade. During the discussions on the Treaty and Act of Union, he most strenuously opposed the measures of the Govern- ment, and lodged a series of protests in such strong language that the Earl of Marchmount entered a counter protestation that they were "presumptuous, illegal, unwarrantable, and sedi- tious" (Act Pari, XL, 114, 206, 223, 236, 294, 301, 309, 312, 397). Adhering to the cause of the exiled Stuarts, he engaged in the rising of 1715, when his younger brother, Philip, was shot as a rebel at Preston. He was, in fact, the most active agent of the Jacobite party in Scotland; and it is to him that we owe that remarkably minute and accurate compilation of the documents connected with their proceedings which are now known as the Lockhart Papers, and furnish the most trust- worthy materials to any future historian of the period. He was succeeded by his son, George, who married Fergusia, daughter and co-heiress of Sir George Wishart of Clifton Hall, in Mid-Lothian. The political bias of the family rendering any public employment at home an impossibility, he sought employment for his sous in foreign service. The eldest, George, died young, but a most brilliant career opened to the second, James, who distinguished himself in the service of the Empress-Queen Maria Theresa, was appointed a lord of the bedchamber to her husband, had bestowed upon him the first class of the order Maria Theresa, and was finally created a Count of the Holy Roman Empire. He returned to Scotland, and after having enjoyed for some years his paternal estates, he succeeded to those of Lee, which descended to him from the elder branch of his family (see ante, Vol. II., p. 313). He left a son, Charles, second Count Lockhart, who died unmarried; whereupon the estates devolved upon Alexander, the son of Charles, a younger brother of the first Count Lock- hart, by Elizabeth, only child and heiress of Macdonald of Largie, who was afterwards made a baronet. The barony is now held by his grandson, Sir Norman Macdonald Lockhart of Lee and Carnwath (D. Baronage). VOL. II. 3 u 524 THE UPPER WARD OF LANARKSHIRE. Minor Holdings.— -The lands of Newbigging belonged, in the twelfth and early part of the thirteenth century, to a family of the same name. They passed to that of Somerville about the year 12-30 by the marriage of William de Sommerville with the daughter and heiress of Walter de Newbigging. Thomas de .Sumerville, grandson of William, towards the close of the century, granted a charter of these lands in favour of William de Newbigging, whom he designs as his cousin (Mem. Som., I., 68). This William de Newbigging was probably the same person witli William, Lord of Dunsyre, who, in 1347, had a charter from David II. of lands in the parish of Culter, and sat in the Parliaments of 1364 and 1367 (Meg. Mag. Sig., 57, 174; Act Pari, I, 137, 148). Thomas de Somerville, great-grand- son to the above-mentioned Thomas, gave, about the middle of the fourteenth century, a portion of the lands of Newbigging to his second son, John (D. Peerage). William Somerville of New- bigging was witness to a charter dated 1461 (Mem. Som., I., 230). In 1468, John Livingstone, a cadet of the house of Jerviswood, was served heir to his father, James, in a third part of these lands (Mem. Sum., I., 240). We find the following entry in the "Minutes of the Lords of Council" for the year 1478, "anent the annual of Newbigging, and taking certain gudes of the said James continued. Jas. Levinston to bring his charter of new infeftment, and Lord Somerville any charters or evidents, old or new, to show if any more annual is aucht by the hale land of Newbiggin than 4 merk and 8d" (Act. Bom. Con., 11). The Lords, in the year 1480, decerned James Livingstone of Newbigging to pay i?43 2s 4d to the treasurer of Glasgow according to his obligation (Ibid, 62). Hugh, fifth Lord Som- erville, granted, in 1545, to his youngest son, Hugh, a third of the lands of Newbigging. This led to a feud between the de- scendants of Hugh Somerville and the Livingstones, in the course of which one of the former was slain (Mem. Som., I., 406). Livingstone of Newbigging appears as witness to a deed in the r 1629 (Shieldhill Chart) The lands of Newbigging have for long been reincorporated with the barony. Thomas Carmichael and Johnstoun, in Newbigging, THE PAEISH OF CARNWATH. 525 were excluded from the benefit of the Act of Indemnity passed in 1662, until they paid a fine of i?240 Scots respectively (Act Pari, VII., 423). There is a cross in the village of Newbigging which the author of the " Memorie of the Somervilles" (I., 322) states was erected by Walter de Newbigging in the thirteenth century. The only ancient portion of this cross is the top, the pedestal having been put up or restored by the Lockharts towards the close of the seventeenth (see Plate XV., Figs. 3 and 4). Kerswall. — Robert the Bruce granted a charter of the lands of Creswell, in the barony of Carnwath, which were formerly held by Henry de Wintoun, to Andrew, second son of Sir Archi- bald de Douglas, Lord of Galway (Reg. Mag. Sig., 14, 74). Sir Thomas de Somerville having married Elizabeth, daughter of Sir James Douglas of Loudon, son of Sir Andrew, the superiority of these lands was re-united to the barony (D. Peerage). The property, however, appears to have remained with the sub- vassals, and finally became vested in Sir Gilbert Herring of Gilmertoune, who, on the 13th of March, 1381, disponed it to Thomas Somerville of Beatlaw, in the parish of Quothquan (Mem. Som., I., 230). Hugh Somerville of Cresswell became, in 1588, security for Sir James Hamilton of Crawfordjohn (Pit. Grim. Trials, I., 167). By the middle of the seventeenth cen- tury we find the lands of Cresswell in possession of a Mr John Chiesly, who was appointed one of the Committee of War for the county in the years 1643 and 1646 (Act Pari, VI., 53, 213). In 1647 an Act of Parliament was passed in regard to him, but no record of its provisions has been preserved (Ibid, 286). He about this time obtained the dignity of knighthood. The Estates, on the 9th of March, 1648, passed an Act approv- ing his conduct, under the designation of Sir John Chiesly, the provisions of which, like those of the former enactment, have not been recorded. On the 18th of April following, he was again appointed one of the Committee of War for the county (Ibid, 297). On the 17th of October he was nominated by the Estates one of the Commissioners to the Parliament of England (Ibid, VII., Aj)})., 8). He and his colleagues used every exer- 526 THE UPPER WARD OF LANARKSHIRE. tion to prevent the death of the King. Having received infor- mation from the House of Commons of England that they had passed an Act to try His Majesty, they at once, on the 6th of January, 1649, forwarded a reply to the Speaker, in which they protested that no harm, injury, or violence should be offered to the King's person, "the very thought whereof the kingdom of Scotland hath always abhorred, as may appear by all their proceedings and declarations/' On the 29th of the same month, they addressed a letter to Lord Fairfax, as General of the English forces, in the following terms: "We do, in the name of the Estates of Scotland, earnestly desire and entreat you will take into serious consideration, that the kingdom of Scotland hath undoubted interest in His Majesty's per- son, and how hard a thing it is to proceed against their King, not only without, but against their advice and consent; that his persone was entrusted by that kingdom to the honourable Houses of Parliament, and how much it will reflect upon the honour and faith of England to take away his life. Consider what an unsettled peace it is like to prove which shall have its foundation laid in the blood of a King; what dangerous evils and grievous calamities it may bring upon us and our posterity, what reproach upon religion and the work of reformation, and what infamy abroad in other nations!" A communication of a similar character was at the same time sent to Cromwell as Lieutenant-General. The expressions in these documents gave great offence to the English Parliament, who through their Speaker transmitted a remonstrance to the Scottish Convention, railing upon it to disavow the acts of the Commissioners; but the Estates refused to comply with this demand, and replied that their representatives could, consistently with their duty, have acted in no other way than they had done (Act Pari, VI, 3 1-7. 362 : I <>4, 423). In the same year Sir John was appointed one of the Committee of War for the county, one of the Perma- nent Committee of Estates, a Commissioner for the Plantation of Kirks, and Master of the Kequests of the King. The Con- v '". !i " n ;lK " P^ed another Act in his favour, the contents of whirl,, as in the former Acts relative to him, have not been THE PARISH OF CAENWATH. 527 engrossed in the proceedings of the Estates {Ibid, VI, 374, 425, 433, 436, 506). Sir John appears to have been engaged, in 1650, in the raid upon the property of the Earl of Queensberry, and the attack upon the house of Drumlanrig {Act Pari, VII., 95; see ante, Vol. II, p. 418). On the restoration of the King, he was brought to trial in March, 1661, on a charge of treason, for having acted as a Commissioner to the English Parliament, and being present, in 1651, when a pamphlet entitled "The Causes of God's Wrath" was penned. He at first pleaded for time to prepare his defence, and the matter lay over till the fol- lowing year, when he was admitted to the general Act of Indem- nity, on paying a fine of ^2400 Scots (Act Pari., VII., App., 7, 17, Q6, 426). He died towards the end of the year 1677, and was succeeded by his son of the same Christian name {Inquis. Spec, 341), who was a Commissioner of Supply in 1690 {Act Pari, IX., 139). He died in 1699, and was suc- ceeded by his son, John {Inquis. Spec, 459). The affairs of the family were, however, at this time fallen into confusion. Dili- gence was used by several of his creditors, while the superior pursued an action of non-entry {Mor. Diet. Decisions, 6878). The consequence was, that his estate had to be sold, when it was purchased by Bertram of Nisbet, by whose descendants it is still possessed. Westshiel belonged, at an early date, to a family of the name of Denem. James Denern appears as witness to two deeds pre- served among the Shieldhill charters, which are respectively dated in the years 1545 and 1546. Robert Denem of West- shiel was appointed one of the Committee of War for the county in the years 1646, 1648, 1649 {Act Pari, VI, 213, 297, 374). William Denem was arraigned before Parliament in 1685 as one of the gentlemen who had repaired to London with the avowed object of founding a Scotch colony in Carolina, but had there entered into communications with the Earl of Shaftesbury, Lord William Russell, and the other English malcontents, and also with the Scottish exiles in Holland, while they were sus- pected, though erroneously, of being cognisant of the Rye House Plot. The process against him was remitted to the Court of 528 THE UPPER WARD OF LANARKSHIRE. Justiciary, where a decree for his forfeiture was pronounced (Ibid, VIII, 490; App., 32, 40). His lands were, in March, 1686, granted to John, Viscount Melfort, who, however, im- mediately exchanged them with the King for others more convenient to him; whereupon Westshiel was annexed to the Crown (Ibid, 582, 592). The right to the lands forfeited by him was, however, subsequently purchased by the Earl of Bal- carris (Ibid, IX., 164, 169). The Revolution restored the Laird of Westshiel to his position in the county, and he was, in 1689, appointed one of the commissioners of militia and a member of that for the supply (Ibid, X, 28, 70). By the general Act in the following year, rescinding forfeitures and fines since 1665, lie was restored to his property, under reservation of the' sum paid by the Earl of Balcarris for the gift of these lands; by a subsequent Act, passed in favour of himself individually, sen- tence against him was reduced, as having been improperly obtained, and declared null and void, without any reservation whatever (Ibid, IX, 164, 169, 219). In the same year he was appointed a Commissioner of Supply, and was elected member for the county, which he continued to represent in the years 1693 and 1695, being in both of these appointed one of the committee on contraverted elections (Ibid, IX, 231, 239, 348, 352; App., 72). He obtained the honour of knighthood in the year 1692. He was again elected for the county in 1696 and 1698, in both of which years he was appointed one of the com- mittee upon trade (Ibid, X, 3, 8, 114, 123). He continued to sit for the shire till 1701. In this last session he supported the Government on the proposition that Parliament should proceed by an address, and not an Act, in reference to the colony of Darien or New Caledonia {Ibid, X, 184, 197, 247). He was appointed Commissioner of Supply in 1704 (Ibid, XI, 141). When Hamilton of Wishaw (56) wrote his history of the county, the Denems of Westshiel were the only minor proprietors in the parish \vli<> had acquired the superiority of their lands. Eastshiel. — This property belonged, at an early date, to a family of the name of Inglis, who appear to have acted, in the absence of Lord Somerville personally, as leaders of the THE PARISH OF CARNWATH. 529 feudal retainers of that house ; an instance of which occurred on the occasion of the letter of Speates and Raxes in 1474, already referred to. William Inglis of Eastshiel was witness to a deed in 1545, and Thomas Inglis of the same, most probably his son, to another in 1556 (Shieldhill Chart.) Thomas Inglis was one of the assize which served Hugh, eighth Lord Somerville, heir to his father in 1570 (Mem. Som., I., 441). We have every reason to suppose that Inglis of Eastshiel was forfeited for adhering to the cause of Queen Mary, and his lands granted to the Earl of Morton, as a charter of these lands to the said Earl, and annexing them to his lordship of Morton, was ratified by Parliament in 1581 (Act Pari, III., 259-261). The family of Inglis was restored, however, by the general Act of Pacification in the reign of James VI. On loth May, 1645, Mr Douglas, minister of Carnwath, reported to the Presbytery of Lanark that James Inglis, brother to William of Eastshiel, who had followed hostile courses against the Covenant, both at home, in the castle of Edinburgh, and abroad, with the King's army, had returned and frequented his paroch; whereupon Mr Douglas was ordered to summon him before the brethren. Inglis appeared on the 29th of the same month, and being asked if he was sensible of his fault and touched with the remorse of former courses against his country and Cove- nant, professed he was sorie, which to testify he was there willing to subscribe the Covenant and enter into service with his country; but that he might give further evidence of his sincere dealing, the Presbytery ordered him to confer with a committee of their body. William Inglis of Eastshiel was appointed a Commissioner of Excise in the year 1661 (Ibid. VII., 91). He was appointed Justice of Peace in 1663 (Ibid, VII., 505). He was nominated one of the Commissioners of Supply of the county in the years 1667 and 1678 (Ibid, VII., 544; VIII., 225). His son, as younger of Eastshiel, held the same office in 1698 (Ibid, X., ] 31), which was also served by Inglis of Eastshiel in the year 1707 (Ibid, XL, 141). An action was raised in the year 1484 by the tenants of Erdhous against John, Lord Somerville, "for the spoliation of 4 horses and mares, the price of the pece of ane of thaim 6 merks, o30 THE UPPER WAKD OF LANARKSHIRE. and the pece of the other three 9 merks; 4 oxen, price of the pece 40s ; and insicht of household goods to the avail of 5 merks, from James Simpson; and a horse and a mare, price of them both £'S, and ane ox, price 40s, from William Wilson; a horse, price 5 crowns, and ane ox, price 40s, from Kobert Gibson; a horse, price 6 crowns, and a mare, 40s, from Robert Inglis; and for the costs, scaith, and damage they sustained through want of the gudes and holding the mailing waist." In this case, the Lords of the Council decerned the defender to pay £50, as it was proved that he gave command to take the said goods, and had part of them himself (Act Bom. Con., 86*). The lands of Erdhouse and Huntschelwod appear to have belonged to Hume of Fast Castle, who, on 23d March, 1490, resigned the same, in presence of the Council, "in the hands of William, son of John, Lord Somervile, who had been seized in the barrony of Carnwath, subject to his father's liferent. Thereupon the Master of Somer- vile, of his own free-will, promised to infeft Sir John the Ross of Montgrenane therein before the 8th of April, following" (Ibid, 191). He fulfilled this promise, but at the same time endeavoured to possess himself of the lands by obtaining sub-tacks from the tenants; whereupon Sir John raised an action against him before the Lords Auditor, who decided that "y e said William has done wrang in y e makin of y e said interruptioun and per- terbatioun to y e said Johne in y e geving of y e said sesing and possessioun, and pretending him to brek the said sesing efter y 6 gevin of y e sammyn; and therfore decernis and declaris y e said pretendit interruptioun and brekin of y e said sesing of nain avale, force, nor effect in tyme to cum. And also decretis and deliueris yat y e said William sail gif ane testimoniale, under his sele, to y e said Johne y e Ross of y e gevin of y e said sesing, and yat he does wrang in y e occupatioun of y 6 said thrid parte of y e landis of Huntschelwood; and therfore ordinishim to decist and cess therfra in tyme to cum, because y e occupatioun wes grantit be y e procuratouris of y e said William, and na richt schewin for him why he occupiit y e sammyn, bot allegiit to be assignay to William Someruale, howbeit he mycht nocht be assignay, because he was owr lord of y e sammyn, na schew na assigna- THE PARISH OF CARNWATH. 531 tioim therof" (Act Dom. Aud., 155). The lands of Huntshel- wood appear, by the next century, to have been broken up into a number of small properties. John Pumphray, there, was wit- ness to a deed in 1566, and Hugh Chancellor, portioner thereof, attested another in 1605 (Shieldhill Chart.) Eobert Logan in Huntshelwood was, in 1662, excluded from the general Act of Indemnity, until he paid a fine of i?240 Scots (Act Pari, VII., 423); while John Meike, portioner there, is specially men- tioned in the Act passed in 1690, rescinding the forfeitures and fines since 1665 (Ibid, IX., 166). James Baillie of Carfin was, in 1597, served heir to his grand- father in the 40s land, of old extent, of the Mayne lands of Wodend, in the barony of Carnwath (Inquis. Spec, 12). John Nimmo of Eastforth was a Commissioner of Supply in 1706 (Act Pari, XI, 318). The successive Lords Somerville made numerous grants of portions of the barony to their younger sons, some of which are still possessed by the posterity of the original grantees, some have been re-incorporated in the barony, and others have passed into the hands of third parties. Hugh, sixth Lord Somerville, granted, in 1545, to his young- est son, Hugh, the lands of Spitell, the third of Newbigging, already mentioned, and a small property in the parish of Carstairs. His grandson, James, was served heir to him in 1606 (Inquis. Spec, 63). John Somerville of Spitell was a Commissioner of Supply in 1685 and again in 1690 (Act Pari, VIII, 465; IX, 139). His son was appointed Sheriff-deputy at Lanark in the year 1693, and was nominated a Commissioner of Supply in 1704 (Pres. Rec, 117; Hamilton of Wishaw, 56; Act Pari, XI, 141). He and his son, who resided at Lampits, were wit- nesses to a deed executed in 1708 (Shieldhill Chart) John, Lord Somerville, was, in 1478, decerned by the Lords of the Council to keep to the executors of the late Thomas Som- erville of Grenehalton, aud to Katrine Twedy, his spouse, all points and articles contained in the decreet-arbitral given be- twixt them (Act Dom. Con., 14). A spirited account is given in the " Memorie of the Somer- VOL. II. 3 v 532 THE UPPER WARD OF LANARKSHIRE. villes" of an encounter which took place between Johnstone of Westraw and Hugh Somerville of Ouratis, there spelt Writs, at Edinburgh, in 1596. Hugh Somerville was, in 1629, served heir to his father in the lands of Ouratis and Westsouthwood {Inquis. Spec, 160). The following entry, relative to the Soraervilles of Ampherlaw, occurs in the minutes of a meeting of the Presbytery of Lanark, on the 21st of October, 1641 : "It being ordained that every Pres- bytery send a student of divinity to Glasgow against Martinmas next, his maintenance to be £60, the Presbytery make choice of one Mr John Somervell, son to James of Ampherlaw, and ordains every brother to bring half-a-crown the next day for his maintenance, and as much to be given him at the next term." Robert Somerville of Woolfords was an elder of the parish in 1693 (Pres. Rec, 117), and was nominated Commissioner of Supply in the years 1696 and 1706 {Act Pari, X, 29; XL, 318). Thomas Somerville of Blackcastle, and David Somerville of Greenfield, were appointed personal guardians of John, fifth Lord Somerville {Mem. Som., I., 329). Castles and FortaUces. — The castle of Cowthally was a principal seat of the Somervills. It was situated in a morass on the north of the village of Carnwath, surrounded by a moat, and could only be approached by a single narrow causeway of considerable length. It appears to have existed from a remote period, but to have been destroyed during the War of Inde- pendence. Towards the close of the fourteenth century it was repaired; a square tower of three stories high and vaulted at the top, with an aisler battlement above the same, was erected within a barrakine wall of stone some four yards high (Mem. Som., I, 33). Previous to the year 1526, two other towers had been added; one circular and the other square. These had no connection with each other. They appear to have been four stories in height, with a single room on each floor, and as there were no staircases, the upper ones must have been reached by a ladder. Hugh, sixth Lord Somerville, con- lHchd these separate towers by buildings, in which were con- THE PARISH OF CARNWATH. 533 tained a hall of large extent, and numerous other rooms {Ibid, I., 354). Hugh, eighth Lord Somerville, about the year 1586, added to the height of these latter buildings, and made other additions {Ibid, I, 461). In the beginning of 1515, the Earl of Arran, Lord Home, the Chamberlain, Cassils, and Semple, met at Lanark, when it was proposed to attack the castle of Cowthally, the Somervilles being then in alliance with the Earl of Angus; but the idea was given up, in consequence of Lord Home dissenting from it {Pinkerton Hist, II, 126; ante, II., 111). The castle was, however, actually besieged in the year 1557, by Gilbert, Lord Somerville, it being held against him by the partisans of his brother Hugh. On this occasion four light pieces of artillery were brought to bear upon the walls of the old fortress, which, it is needless to say, received little damage from their fire {Mem. Som., II. 45). The Castle of Cowthally has fallen to ruin. An engraving of it is given in the "Memorie of the Somervilles" (Vol. I., opp. p. 361), from which it appears it was then possible to trace the plan of the buildings ; but the subsequent progress of dilapidation has now rendered it a most difficult if not impracticable undertaking. During the early part of the fourteenth century, when the castle of Cowthally was deserted, the Somervills built what was called the "Double Tower" in Carnwath town, which remained inhabitable till the beginning of the fifteenth century. All vestiges of this have long since disappeared, and, in fact, the exact position of its site has been forgotten. The author of the "Memorie of the Somervilles" conjectures that it stood on the same ground as the present house of Carnwath, but this is hardly reconcilable with his subsequent statements {Mem. Som., I, 89, 335); while the compiler of the "New Statistical Account" conjectures, with considerable probability, that "the situation of it is marked out by certain lands, being still called Castle Somervill" (p. 84). From the great number of minor proprietors, there can be no doubt that a large number of peels were scattered over the parish. That one of these existed at Eastshiels is proved by the charter granted to the Earl of Morton in 1581, in which a for- 534 THE UPPER WARD OF LANARKSHIRE. tress of this kind is especially mentioned, cum turribus et for- taliciis (Act Pari, III, 259). ViUage.— The village of Carnwath was erected into a burgh of barony in 1451 (Reg. Mag. Sig., IV., 207). This was con- firmed in 1491, when the holding of the barony of Carnwath was changed from Ward to Blench, with an addition of a new fair and weekly market upon the Sunday (Mem. Som., I., 276). In August, 1590, the General Assembly cited Lord Somervill before them, for holding a market at Carnwath upon the Sab- bath. He appeared, and ''alleged an ancient custom and privi- lege granted to him and his predecessors by the Kings of Scotland, and confirmed by James IV. and V." Being, however, threatened with the censure of the church, he agreed "that no market should be held there any more on that day" (Ibid, I., 475). An Act of Parliament was passed in 1695, "granting to George Lockhart of Carnwath two yearly fairs at the town there, for the sale of rough sheep." The following extract from the books of the Lords of the Council throws light on the traffic of the village of Carnwath at as early a date as the year 1489: "John, of Carnewath, to pay John Baty, burgess of Edinburgh, three sek of wool, gude merchand ware clene, but cot or ter, as he had agreed to do" (Act. Bom. Con., 138). Historical Events. — " Colonel Campbell's regiment assembled at Carnwath in the year 1644, previous to marching towards Dumfries, and various orders were issued by the Convention of Estates to provide it with baggage, horses, and ammunition" (Act Pari, VI, 87). The parishioners of Carnwath petitioned Parliament in 1706, against "passing the Act of Union in terms of the Treaty" (Ibid, XL, 323). When Charles Edward retreated from Derby, in 1746, he had his head-quarters for a short time at Carnwath, where he was hospitably entertained by the Lockharts, who, we have already seen, were devoted to the cause of his family. Tradition still Identifies the rooms in Carnwath House which he then occupied. G. V. I. THE PARISH OF CARNWATH. 535 CARNWATH PARISH Has its parochial village not over-conveniently situate for pro- moting church attending habits in the district, the statist of 1834 reporting that there were only two families located to the west, and not above ten or twelve to the south of the church, many families being six and seven miles from church ; yet he adds — "Many a day their pews may be seen filled, while many who are within hearing of the Sabbath bell obey not the sum- mons which it sends forth." " The nearer the kirk, the farer frae guid," is true elsewhere than in the Upper Ward. Carnwath has been a burgh of barony for more than four hundred years past; and when the Somervilles of Couthally were men of political and territorial importance, comparatively great may then have been the influence in Upper Lanarkshire of the town of Carnwath ; now its glories are on the wane, — not departed yet, while so good a house as the Lockhart Arms is open to the entertainment of the public. The village chiefly consists of a street of considerable length, running from the burn near the House of Carnwath, on the west, to the Lockhart Arms on the village green, on the east, the houses being mostly of one storey, those of twice that height being held by shop- keepers — merchants as termed in the country; and those dealers appear to be mostly Patersons or Eussells; few Somervilles show their names; but there is a Nimmo, — with whom there is "nothing like leather." The street is of fair width, more so at east than at west; and where the check toll-bar is placed on the road eastward for Biggar, where there is a branch office of the Commercial Bank of Scotland, and looked to by an agent favourably known at Abington, further up the Ward. Besides the Lockhart Arms, the village has the Commercial and the Market Inns. In 1834 the minister reported that "the number of ale-houses, or rather whisky-houses, are far too many, and have the most deteriorating effect on the morals of the people, there being six tolls in the parish, and the keeper of each has a license to sell spirits." This has been abated, as vol. ii. 3w 536 THE UPPEK WARD OF LANARKSHIRE. besides the three inns in Carnwath there is but another house in the parish, at Mid-Forth, where intoxicants can now be obtained. In 1793 the Kev. Mr George Mark wrote: "There are six public houses in the village of Carnwath, in which small beer, porter, but particularly whisky, are sold ; and it is to be regretted that this last article should be so cheap, as it is evidently tend- ing in this place to debauch the morals of the lower classes. The quantity consumed here is almost incredible, and those who are least able to spare from their families are most addicted to this abominable beverage. Besides these public houses, the same liquors are sold in every shop in the place; of such shops there are five in the village, and others in different parts of the parish. The innocence and simplicity of the commoners 'in this part of the country are consequently on the decline." Farther : "Although the wages of servants are greatly increased, they in general save less than when their wages were smaller. The servant men all wear English cloth, and the servants are much better dressed on Sundays, and at fairs and markets, than their mistresses were a few years ago." In 1793 the statist reported there were two weekly markets in Carnwath, " in which meal and bear are the principal commodities sold." In 1834 the market was once a week only, and in 1864 it is but a small one. Of the five fairs held during the year, that of August is notable, as the day after a foot race is run — the prize, a pair of red hose, as referred to in the antiquarian section of this Work. At page 483 of this volume an account is given of the ecclesiastical antiquities and sepulchral monumental effigies at ( .ii nwath, and views of both are offered, from drawings specially taken for this Work. By reference to the Stat. Account of 1793 it may be learned that "both church and manse were then in very bad condition, and both ought to be rebuilt, as they are too bad to admit of repair. The church is an ancient fabric; the aisle, built in 1424, is a Gothic structure, covered with fine stone flags. There is no record existing to give information when the body of the church was erected, but it appears to have been built at different times. It is 100 feet (within the walls) in length, and 20 in breadth, which renders it very inconvenient as THE PARISH OF CARNWATH. 537 a place of worship. The manse was built in 1749, but from its present wretched condition it appears to have been badly executed at first." "The church," wrote the statist of 1834, "was built in 1798, and is neither elegant nor commodious." A square, barn-like structure it looks. " Being set down close beside the aisle of the old, still a handsome Gothic structure, the contrast seems to indicate the different spirit in which these things were gone about in the fifteenth and the eighteenth cen- turies." The manse, built in 1817, is substantial and convenient; the large burial ground lies between it and the church, and the look-out southwards from the warm dwelling is one of great extent and beauty — Quothquhan Law, the Black Mount of Walston, Upper Clydesdale, and Tinto, being seen to great advantage. Across the highway, and opposite the ruined aisle, is the old House of Carnwath, at no time the regular home of the Lockhart chiefs, used by them as a hunting seat; but with rooms which Charles Edward occupied, kept in good repair, and now occupied by the factor on the extensive Lee estates, who is much liked by the tenantry, and also esteemed by the yeomen of the Lesmahagow troop, which he commands. A short way north-west of the House of Carnwath is a moat- like mound of considerable height, and covered with fir trees. The statist of 1793 describes it " as a large tumulus or moat, evidently artificial, of a form somewhat elliptical, with an open- ing on the top, which has been the entrance of a rude turnpike sort of stair that once reached to the bottom, but is at present filled up with stones and rubbish thrown in from time to time by young and idle people; suggesting that it was not only originally meant for, but intended to continue a burying-place. It is surrounded with a deep ditch and large mound, and was, upwards of forty years ago, planted with Scotch firs, which have grown but slowly." " The Dissenters, such as," wrote the minister of 1793, " Burghers, Anti-Burghers, of the Relief Con- gregation, and Cameronians, amount to about one in ten of the whole number of parishioners." In 1834 the reverend statist remarks that the parish church "was too small for the population, and were it not for the accommodation afforded by Dissenters, 538 THE UPPER WARD OF LANARKSHIRE. many of the parishioners would have no opportunity of receiving religious instruction." In 1864, besides the Established Church, there is that of the Free, the minister of which came out at the i tisruption, as did very few of his brethren in the Upper Ward. There is a U.P. Church in the village, and another of same body at Braehead, a village about three miles north-west, and in the limestone district. Of Justices there are three resident, and two non-resident. Besides the parish school there is that of the Free Church, as large apparently; and schools also are at Brae- head, Forth, Newbigging, and Wilsontown. Of police there is one constable stationed at Carnwath, Braehead, and Forth. Surgeons, two ; Sheriff-officer, one. A gas company, the mini- ster of the parish its chairman — right it is that he should look to the enlightenment of his flock. Freemason society at Carn- wath and Wilsontown; abstinence society at Carnwath and Mid- Forth. Libraries at Carnwath, Auchengray, and Westsidewood. Coal wrought at Forth and Haywood; gas coal at Haywood and Wilsontown; ironstone at Westsidewood. Parliamentary electors in the parish — proprietors, 67 ; tenants, 63. Couthally Castle is on the Westsidewood estate, but the Laird of Lee enjoys the honorary title of being hereditary keeper thereof; it has now become even so little a ruin in appearance, that the site is scarce distinguishable from the muir or moss its towers dominated over of old. Eeference is made to this ancient stronghold at page 532 of this volume, and many of the pages preceding have been devoted to the "Memorie of the Somer- villes" — the gallant race now almost "wed away." In 1793 the passion for building dykes out of the ruins of ancient castles was but in course of development in Carnwath, and "Auld Couthally" may have shown large to the minister, who then i Lbed it as standing "on a narrow point of dry land which juts out a little into the moss," and having once been a place "t'-iv;it strength, surrounded with an exceeding deep ditch and large earthen mound, the entry being by a drawbridge <>n the west," and the popular derivation of its name being from an avenue of oaks, said to have stretched thence to Carn- wath; and, in apparent confirmation of this tradition, when THE PARISH OF CARNWATH. 539 the adjacent moss is dug down to the bottom, large oaks are often found, and well preserved. Lampits, East and West (244-7G7), farm is the largest in the district, and of first-class size in the Ward; Lampates it reads on map for 1773, but neither designation carries much topo- graphic information. This extensive farm is within a short mile eastward of the Carstairs Junction Station, the unused loop of the railway crossing the lands, which runs northwards from the Clyde, by the Carstairs march, to the highway from Lanark for Edinburgh; the holm lands on the south being subject to frequent overflow by the Clyde, but the farm-steadings are finely placed on a range of heights, which rise to 721 feet a short way north ; and no better illustration of farm-buildings as they were, and as they now are, can be sought for than in the straw-roofed houses, and the old thrashing-mill, wheel, etc., which are to be seen on left of the road leading from Carnwath to the ford on the Clyde, aud the well-built square of farm-buildings, tall engine-stalk, and handsome dwelling-house, which lie to the right, some fine old trees being scattered about — and provision appears making to keep the number up, as here and there sap- lings are planted, protected by wooden palings from the flocks of fine sheep fattening on the rich lands. Calladean (244-763), or Carlindean by Forrest's map, is second in value on the estate ; appears to be north-east of the village, between the highway to Edinburgh and the How-burn, and near to the Kersewell policy. Burnhead, or Burnhouse, and parks (244-781), farm is of large extent, lies eastward of Lampits, south of the village, and in the fertile part of the parish. Calla — name, it may be, incorrectly given — and park (244-793), appear on the valuation roll for a large amount. Carnwath mill and farm (244-803) is of large extent, lies on the Medwyn, near the Libberton march, has the village of Carn- wath on the north-west, and that of Newbigging on the south- east; the land is level, fertile, and the nook one of the prettiest in the parish. Bankhead (244-812) farm, locally known as the Bank, lies on the lower Medwyn, near its confluence with the Clyde, is on the highway from the west — at least that on which 540 THE UPPER WARD OF LANARKSHIRE. Robert Burns held his way when he first visited the metropolis of his country, and even yet there are anecdotes in the district of the reception the poet-traveller received from the Stodarts, who were then, and long after, the occupants of that warm homestead; the "belles of the family" found "mates of position" in the district and out of it. This warm homestead is finely placed, and, from the bank above the water, the view up and down the Clyde is attractive and extensive. Newbigging Mains (244-838) is a farm of considerable extent, the home-farm when Newbigging was an independent barony ; the mill (244-968), adjacent to it, having the rights of "thir- lage or multure" on the estate, which, in the time of Wallace, was a large one; tradition making the Knight of Newbigging one of the leaders of the Scottish host which won the day at Biggar. The Mains farm lies near the village, the land is level; the Mill is on the Medwyn, and nearly opposite to Ogg's Castle, where Walston and Libberton parishes converge. Easter-yard-houses (244-836) farm is of considerable extent, on the eastern march of the parish, above the North Medwyn, near to Dunsyre, and in an upland part of the parish. Haugh or Westmains (244-855) farm is of considerable size, lies west of Newbigging, north-east of Carnwath mill, and on the haughs or levels of the North Medwyn-water. Spittal (244-889) farm is of considerable size, lies north-east of Bankhead, south-west of Carnwath mill, on the Medwyn, and has been referred to in preceding pages, as of old repute, both its position, possessors, and what they held it for. Boghall farm (244 ) is of mode- rate size, north of the Dippool -water, and near the Carstairs march. Westshiels (244-1250) farm is of small extent, and adjacent to that of Boghall. Cleugh-mill farm (244-1162) is of small size, on the Mouse- water, and in the mineral district. Moat of Newbigging is a small farm near the North Medwyn; and the Mains farm of Carnwath (244-902) is of considerable extent — the farm, not the inn — and near the village. West Yett is another farm of moderate size, and the parks of Gallowhill are on the roll for a fair amount, as are the mansion and the woods near by, while pendicles or minor farms near the villages THE PAEISH OF CAKNWATH. 54-1 of Carnwatk and Newbigging appear for £31 12s, £22 Is, .£21 15s, £18 10s, £15, £15, £U 10s, .£12, £12, £12, £10, with a number of other minor entries for crofts, etc., making up the valuation in Carnwath for the Lee estate. The Kersewell estate (259) has its rental interests in charge of the Laird of Dolphinton, as are those of Carstairs and Craw- ford, as before noticed. The house, policy, and woods of Kerse- well book moderately on the valuation roll. The house stands well on the hill-side, above the North Medwyn-water, is north of Newbigging, north-east of Carnwath village, has the turnpike for Edinburgh behind, the county road for Dunsyre before the house, and shows well, with the fair array of trees about. Kersewell is so named and placed on map for 1773, on Forrest for 1815, and has been, as noticed at page 525 of this volume, long the abode of men of mark in the Upper Ward, although the family now in possession are older in history as of Nesbit of Coulter, than of Kersewell in Carnwath parish. A consider- able portion of the Carnwath section of the Kersewell estate appeared on valuation roll for 1858-9 as held by Mrs Bertram — the ladies in the Ward being excellent farmers. Green (259-846) farm is of considerable extent, is on Forrest and Survey sheet as Greens, and lies east of, but near to, the house of Kersewell, the Medwyn flowing between them ; and the stretch of land between that river and the Dunsyre road is level and verdant. Brownhill (259-892), made Broomhill in error, is of considerable extent, on valuation 1858-9 appeared to be held by a farmer in Biggar — a led farm, of which there are few in the district. It lies south-west of Kersewell, near to New- bigging, and on the Dunsyre road, where the hill-side is brown- like. The minor holdings were Camend, Brae, Backmuir, and Windygate, making up the estate rolL The Westsidewood estate (282) lies chiefly on the Dippool- water, what appears on Forrest's map as the mansion being on the north side of that stream; but in the valuation roll for 1858-9 it is entered as a farm, and let to tenants for less than one year, or in grass parks, the amount in whole full one-third in value of the estate. Kirk-green farm (282-946) appeared on 54-2 THE UPPEE WARD OF LANARKSHIRE. the roll for a fair amount, but, being held by the Coltness Iron Company, may have been both of a mineral and agricultural value, as it lies west of the Dippool-water, and where lime, in particular, is abundant. Woodend (282-979) is of fair extent for the district, lies east of the Dippool, north-west of Couthally, and between the Blackgate and the Woodend-moss — not an over- inviting locality if names of places have much of significance in them, which they too seldom have in Lanarkshire. Eastside- wood (282-1004) farm is of moderate value, lies north, but a very short way east of Westsidewood, on the Dippool-water, and no great distance from the track of the Caledonian Railway for Edinburgh. Kilpothall is a small farm west of the Dippool, adjacent to Kirkgreen. Blackhill is one smaller still, north of Kirkgreen ; and these, with freestone quarries, and another small holding, make up the estate roll in the parish. The Brads or Haywood estate (273), on the valuation roll as owned by a lady, lies in the northern section of the parish, and the minerals of Haywood are of considerable value. Lambcatch, nearly the highest land in the parish, and Skylaw (273-1015) — query, Heaven-ki^bg Hill? — are names of farms on the estate, and although of moderate rent, may be of extensive area, as they lie on the bleak verge of the shire. Mountblaw (273-988) farm is greater in value than those last noticed, lies eastward, and in a district where shelter for the stock may be scant enough. Buchtknowe (273-982) farm is of like character and value, lies south of Mountblaw, and on the upper course of the Dippool- water. Crooklands (273-1163) farm is of moderate size, called Crookens by Forrest, is on the Haywood-burn, and west of Buchtknowe. Upper and Lower Haywood farms (373-1133 and 1184) are of moderate extent, at source of the Haywood- burn, soutli of Skylaw, and not far from Wilsontown. The Lawhead estate (281) is on the north-east section of the parish, where it overlaps, lies north of the parish of Dunsyre, and is on the verge of Edinburghshire. The grass parks, held by tenants for less than one year, form the bulk of the estate, and such are usually valuable. The North Medwyn appears to rise near Lawhead, and the highway from Lanark for Edinburgh THE PARISH OF CAENWATH. 543 intersects the property. North Law-head farm (281-989) is of considerable extent, east of the Medwyn, west of the Dry- burn, Dunsyre, and on the Edinburgh road. Easter-house (281) is of moderate extent, with an entry for wood, and another for a small holding, making up the roll. Estate (275), Sunnyside in Lanark, Cleugh and Forth in Carnwath, lies in the mineral district of the parish. On roll for 1858-9, the minerals of Cleugh and Forth appear as blank entries; but the farm of Cleugh (275-893) is of large extent, on the upper course of the Mouse-water, and where cleughs, rivers, dells, precipitous, wooded, and varied, abound. It lies south of where the iron manufacture was first undertaken in the shire, and the waste, old workings, etc., about, are a feature of the district; but the road that leads through it from Forth to Carnwath is not without attractions. Forth appears to be the prevailing name of this inland, uplaud, and mineral district; and Scotsmen, used to associate the name with the broad frith which laves the southern shores of the kingdom of Fife, find it hard to apply it to this rather wild district of country, if it be not Forths — forth the county — on the verge of Edinburghshire. The farm of East-Forth (275-1032) is of considerable extent, that of Forth (275-1 20-1) of moderate size; while Forth again is small, Burnfoot smaller, Inn and lands less still; and Blackshott, Forth again, Hailstane green, are farms of minor size, with entries of .£18, =£10 10s, £7, and smaller, make up the roll, inclusive of an entry for wood, which appears moderate for the acreage it covers, but a sterile soil yields a stunted tree. The village of Forth is a long row of slated houses to east and west of the broad highway for Edinburgh. The inn is of modest pretensions, standing apart in a square of its own, ground apparently not over-valuable. The shops are pretty numerous, but without plate-glass ; there is a sub post-office, and a house with " police " marked on it, needful, it may be, in a district where money is largely earned and too often unwisely spent. The census of 1841 gives 357 as the population of Forth, for 1861 that of the parish in the lump is given. The Pool estate (292) has a large share of rental from the VOL. II. 3 x 54 t THE UPPER WARD OF LANARKSHIRE. minerals worked by the Coltness Iron Co., Pool row, colliers' houses, and the coal pits being, on Ordnance sheet, west of the Caledonian Kailway, and near their station at Auchengray. Hardgatehead (292-1005) farm is of considerable extent; lies to west of, but near to, the Dippool-water. Pool farm (292- 1087) is of fair size, lying east of the Dippool, and near to Hardgatehead. Westcroft-hill (292-1150) and Eastcroft-hill (292 ) farms are of moderate size, south of Hardgatehead. Eastsidewood (292-1177) farm is less in size than those last noticed, with Mill-hill, a small holding, make up the Pool estate roll, and are all near the Dippool-water. Estate (285) of Muirhall in Carnwath, or Toftcombs in Big- gar. Muirhall (285-998) farm is of considerable extent, lies south-east of, but near to what, on Ordnance sheet, appears as Stallashaw-moss, just out of the track of the Caledonian Kail- way, and south of the Auchengray Station. Westmains (285- 11G9) farm is of moderate size, south-east of Braehead, near to Eastshiels, and on the road from Carnwath to Forth. Nether- fauld, small farm, two like holdings in Braehead, the glebe of the U.P. minister there, and another small farm at Westmains, make up the Muirhall estate in this parish. The farm of "Woolfords (920) is on roll in Carnwath as part of estate 284 ; it is of considerable extent, appears on Eorrest for 1815 as the property of — Carrick, Esq.; lies on the extreme north-east of the parish, north of Dunsyre, and on the verge of the county of Edinburgh. Estate (306), Climpy, is on the north-west section of the parish; appears as Crimpie on map of 1773, and on Forrest, Climpy House, — Crawford, Esq., is given; a small amount for woods, another entry for houses, and nearly the entire value of the estate is given on roll 1858-9 as being let as grass parks, etc., cottages, and gardens. Greenfield estate, 309, lies east of the Dippool, north of the Stallashaw-moss, and near the Edinburghshire march. Loan- hciid, — Somerville, Esq., appears on Forrest for 1815, and Loanhead (309-1052) is the larger farm on the property, lying east of the Caledonian Railway, west of the Greenfield-burn, and north of Stallashaw. Moreshot (309-1118) farm is of consider- THE PAEISH OF CAENWATH. 545 able extent for an upland district, is north-west of Loanhead, and on the railway. Greenfield House and woods book moder- ately on the valuation roll, and Viewfield and Woolfordyke are small farms, east of the railway — these, and the minor holdings of Hallburn, make up the Greenfield estate. Estate 314 has the farm of West Forth, 934, which is con- siderable in extent, east of the Carstairs march, on the turn- pike, west of Mouse-water, and on Forrest appears as then owned by — Stewart, Esq. The grass parks of Craigenburn, which are of considerable value, and some minor holdings, make out the Bantaskine roll in Carnwath, and three of the proprie- tor's family appear on the electoral roll for the parish. The Auchengray estate, 320, is on the line of the Caledonian Kail- way, east of the Stallashaw-moss, Eoothead (320-921) being of considerable extent. Auchengray (320-1171) and Mid- Auchen- gray ^320-1167) are of moderate size, and with a house of small value, and the tile works, make out the roll. The Eastshiels estate, 322, is chiefly held by the proprietor, the house being well placed above the road from Forth to Carnwath, and the more noticeable from the finely-preserved ruin which stands so near to it. Eastshiels is a short way west of the Dippool, not far from Braehead, and lime is wrought to profit on the estate. Estate 324 has lime at Westshiels to a considerable value on the roll; the farm of Spadgill (324-1186) is of moderate extent, that of Leamside, or Lowenside (324- 1157), is of less size; all lie near the junction of the Dippool with the "* louse- water, and on the Carstairs march. Estate 329 lies on the track of the railway, west of the Dippool, some two miles north of Couthally, and shows the greater part of its value in farm 1141, which is of moderate extent; those of Jeanfield and Fordmouth, of small size, some minor holdings, and woods, make up the estate in the parish. Estate 33G, in name of a lady in 1858-9, appears to have been held by her, or let as grass parks, and is of considerable extent. Estate 339 is held near one -half by the owner, and the other (339-1061), the farm of Blackcastle, is of moderate extent. Dykehead lies on the north-east section of the parish, above the 546 THE UPPEE WAED OF LANAEKSHIEE. Duusyre march; and Blackcastle a short way south, and on west of the North Medwyn. Estates 307 and 342 appear to consist chiefly of grass parks, land let to tenants for less than one year; the former, Throughburn, lying on the Carstairs march, and the latter, Newmains, west of the Dippool-water. The farm of Heathland, 944, forms estate 355, with a small amount for woods; it lies on north-east of the parish, and in the Climpy district Greenfield farm, 9G4, forms estate 370, is of moderate extent, held by an agriculturist in the parish, and the land lies on the north-east of Carnwath. Eowan-tree-hill estate, 380, appears to consist of farms 1199 and 1217, both of moderate extent; the farms are adjacent, south-east of Cleugh-mill, on the Mouse- water, and west of the Dippool, limestone abounding there, but apparently not wrought on this property. Gill-house and part of Stob-wood, as on the valuation roll (381-1028) are of moderate extent, and near to Rowan-tree. King's Inn, 391, is farmed by the proprietor, lies a short way east of the Cale- donian line, south of the Stallashaw-inoss, nearly in centre of the parish, and is of fair extent. Girdwood-end (405-1132) is of small extent, the proprietor holding a small portion, and the farm lying on the Caledonian Railway, North Ampherlaw on th^ south, and King's Inn on the north. Mid-Hinshelwood (406-1077) is of moderate extent, held by the owner, lies east of the Mouse- water, and on the Carstairs march; Hinshelwood ( H 6) is of small extent, leased, and on the Mouse-water. Wes- termoreshot (418-1156) consists chiefly of the farm of that name, on Forrest, Westmosshat, lies on north of the parish, in track of the Caledonian Railway, and north of the Dippool- w.iter, some minor holdings make out the estates. The minor estates in Carnwath, are, as before noticed, numer- ous; of these, Browshot (427) is of two farms (1243), and one smaller, both let. Browshot (439), three holdings, one of them a limework; Burnfoot (454), sundry holdings, half held by pro- prietor; Camend (573), small farm and houses; Craigiehall ( fc92), held by owner; Greenshield House (493) farm, tilled by owner; Oldtown (420), one-third held by owner; Throughburn t36) faun, of moderate size, and let; Wilsontown (464) THE PAKISH OF CAENWATH. 547 appears to be houses and land for two-thirds the amount, but, in whole, of small value for the importance the name has given to the district, the iron-works so called having been among the first in the Upper Ward, the reverend statist of 1792 informing that, "at Wilsontown an extensive iron foundry was some years ago erected by two brothers of the name of Wilson, of the Cleugh family, Swedish merchants in London, both gentlemen of enterprise and large capital, etc. The work is peculiarly happy in its situation with respect to materials, for in the very ground on which the two blast furnaces are erected, there are coal, ironstone, and limestone, fire-clay, etc., the workmen employed, with their families, may be about 400." So prosperous had these works become, that in 1807 it was calculated 2000 people were dependent on them, earning i?3000 monthly. The works were stopped in 1812, and bought in 1821 by the late W. Dixon. In noticing the parish of Carluke, credit has been given to the present incumbent for the fullness and excellence of the informa- tion given on the mineral wealth of his district ; but his article, produced for the New Stat. Account of Scotland in March, 1839, had been preceded, in May, 1834, by a paper on the same sub- ject by his neighbour, the minister of Carnwath, from which notes will be now offered, abridging it, but ordinarily using the words of the statist. " The Wilsontown coalfield lies in form of an elliptical basin, east of north to west of south, about three miles, the dip at right angles to the horizon, generally as one to seven or eight." The main or four-feet coal is lowest, with thinner seams above it, and strata of freestone, black fire-clay, small ribs of ironstone, etc. ; while above these is a stratum of limestone, excellent in quality, and largely wrought. A few feet under the freestone rock are several strata of ironstone, three to four inches thick, lying in form of paralellograms and squares, non-adhering, but presenting the appearance of a regular pave- ment. The Climpy field of coal lies on the west of Wilsontown, "the crop of the one nearly approaching the other." It is exten- sive ; stretching south-west to the lands of Abbey and Birniehall, and north into the parish of West Calder; and "the same strata 548 THE UPPER WARD OF LANARKSHIRE. of minerals make their appearance a great way to the east." There are "no dykes, properly so-called, in the Wilsontown coal- field, but several slips, or 'hitches,' as locally termed." The second slip, a few yards above the bridge at Cleugh, throws the strata a long way down to the north-east) and further east another hitch shows itself, so diverting the strata, that on the low side the distance between the main coal and the craw coal is about fourteen feet; while on the upper side it is only two feet. The fissures or veins are not what practical men call direct, but they sometimes incline to the right and sometimes to the left. In 1797 it was estimated that "40,000 tons of iron might be made annually for the space of ninety years ! — the supply of ironstone there being inexhaustible/' "When the Wilsontown Works were stopped, the whole popu- lation were turned adrift, their failure giving a dreadful blow to the country, as it closed a market to the proprietors and tenants for almost all kinds of produce ; and many of the men employed, having their savings lodged with the company, were reduced almost to beggary; and even to this day (1834) the parish feels the blow, as not a few still survive to swell the roll of paupers." "The morals of the people have suffered severely, and the religious character of the former inhabitants has been exchanged for indifference and lukewarmness." " The amount of collections in the church has fallen off, chiefly because of the increase of assessment laid on the parish for the support of the poor." "On an average, there are upwards of 1100 communi- cants ; the service at the sacrament of the Lord's Supper is very protracted, there being fifteen tables; but for two years back, by increasing the pew accommodation, we have reduced our number of tables to ten ! " A. M. fh tn> Thi: University of California SOUTHERN REGIONAL LIBRARY FACILITY 305 De Neve Drive - Parking Lot 17 • Box 951388 LOS ANGELES, CALIFORNIA 90095-1388 Return this material to the library from which it was borrowed. «i iUl24t«j ORION 1£>/URL Form L9-42m-8,'49 ( yA ^rv^::£ - olC r rd of L2I7 Lanarkshire \r hi mini 3 1158 01202 4096 UC SOUTHERN REGIONAL LIBRARY FACILITY AA 000 393150 8 Sliiii iiiiisi I J ill J J I . 1 1 it f it 11 If ■i if fit . : Uuiiu wiiil IS Ill 1 niHiijii 11: III fill