rasas muufiiat |.;J,Ji,',-1.h;.i \: m ^¦iviy ws mmmmmmtimm'' YALE UNIVERSITY LIBRARY Bought with the income of the ALFRED E. PERKINS FUND -q i A n Contents of Volume C^ito. i'AGE TITLE-PAGE.GENERAL TABLE OF CONTENTS. ABSTRACT OF CHARTERS OF THE GRANTS OF GRANT, i-xl ABSTRACT OF ADDITIONAL CHARTERS, .... xli-liv LIST OF CHARTERS PRINTED IN ABRIDGED FORM, . liv-lx CHARTERS AND MISCELLANEOUS WRITS OF THE GRANTS OF GRANT, ... . I-256 ADDITIONAL CHARTERS, . . . . 257-362 ABSTRACT OF GRANT CHARTERS NOT PRINTED, . 363-496 INDEX OF PERSONS, .... 497-570 INDEX OF PLACES, . ... 571-597 ILLUSTRATIONS IN VOLUME THIRD. Charter by King William the Lion to Gilbert, Earl of Strathern, of the lands of Kinveachie, circa n 80, . . . between pp. lx and 1 Charter by King William the Lion, confirming gift by Gilbert, Earl of Strathern, to Gilchrist his son, of the lands of Kinveachie and Glencarnie, 16th April, circa 1205, ....... lx and 1 Charter by King Alexander the Second confirming the same gift, 12th February [1220-6], . . . . 2 and $ CONTENTS OF VOLUME THIRD. Illustrations in Volume Third — continued. Charter by Alan Durward to Sir Gilbert of Glenkerny of the half of Tulach- fyny in Mar, circa 1256, ..... between 4 and 5, Charter by John Prat to Sir Robert le Grant of the lands of Clonmanache, circa 1258, ........ 4 and 5 Charter by King Alexander the Third, confirming a gift by Sir John Prat to Gilbert of Glennegerin, younger, and Marjory his spouse, of the lands of Daltuly, 14th August [1267], ..... 6 and 7 Charter by Gilbert, third Lord of Glenkerny, to his eldest son, Gilbert, of the lands of Gerbothy, 2d February 1280, .... 6 and 7 Charter by Gilbert of Glencarny to Duncan of Feryndrawcht of the east davoch of Conynges [1281-1298], ..... 8 and 9 Charter by John Randolph, Earl of Moray, to John the Grant, of the land of Dovely and keepership of the Castle of Tarnaway, 1st April 1346, . 8 and 9 Charter by Patrick the Grant, Lord of Strath errick, to his son-in-law, William Pylche, of Kildreke and Glenbeg [1357-1362], . . . 10 and 11 Charter by King David the Second to Gilbert of Glencarnie, of the barony of Glencarnie, 18th January [1362], ..... 12 and 1$ Letters under the Privy Seal of King David the Second, prohibiting Robert, son of Duncan of Athole, from wasting the lands of Glencarnie, 20th April [1366], ...... 12^13 SIGNATURES. Woodcuts of- PAGE John Stewart, Earl of Athole, 1597, . . . 297 Lady Mary Ruthven his Countess, 1597, . . 297 James Prymrois, Clerk to the Privy Council of Scotland, 16 1 5, . . . il(, James Lord Stewart of Newtoun, late Chancellor of Scotland, 1586 (subscribed, ' James Lord Chanciller '), . . ,QO ABSTRACT OF CHARTERS OF THE GRANTS OF GRANT 1. Charter by King William the Lion, granting and confirming to Earl Gilbert of Strathern Kinbethach, by its right marches and with all its just pertinents : To be held by him and his heirs, of the King and his heirs, as freely as he held the earldom of Strathern. Witnesses, Hugh Bishop of St. Andrews, David the King's brother, Earl Duncan, Earl G. of Angus, Walter of Berkelai, chamberlain, and others. Circa 1180, 1 2. Charter by King William the Lion, confirming the gift that Earl Gilbert of Strathern made to Gilchrist his son, of Kinnebethin and Glancarnin, by their right marches and with all their just pertinents : To be held by him and his heirs, of the foresaid Earl Gilbert and his heirs, in fee and heritage, as freely, peacefully, and honourably, as the charter of Earl Gilbert justly purported ; reserving the King's service. Witnesses, Florence elect of Glasgow, the King's chancellor, Earl Malcolm of Fife, Philip de Valoniis, chamberlain, and others. Forfar, 16th April, circa 1205, 1 3. Charter by King Alexander the Second, confirming the gift made by Earl Gilbert of Strathern to Gilchrist his son, of Kinebethin and Glancarnin, by their right marches and with all their just pertinents : To be held by him and his heirs, of the foresaid Earl Gilbert and his heirs, in fee and heritage, as freely, peacefully, and honourably as the charter of the foresaid Earl Gilbert and the confirmation of King William, the granter's father, justly purported. Witnesses, William de Boscho, chancellor, William Cumin, Earl of Bucban, justiciar of Scotland, and others. Dunfermline, 12th February [1220-6], 2 4. Notarial Transumpt, made on the 15th June 1476, at the instance of Alexander McKintoiche of Reddomurcus, in presence of William of Byrnetht, vicar of the churches of Eskill and Duple, and commissary-general of the diocese of Moray, from the register of the cathedral church of Moray, of a Charter by King Alexander the Second, granting to the church of Moray and to Andrew Bishop of Moray and his successors, bishops of Moray, the land of Rathmorchus, with its just pertinents, in excambion for the lands which the said Bishop of Bloray asked in the King's forests. namely, a davach and a half in the forest of Inuerculane at Calrunelan and Belethyn, half a davach in Morgund's lands, a fourth part of a davach in Pluscardyn, a half davach in Ternway, and a half davach in the same forest on the other side of the water of Fynderne opposite to the church of Logyn ; thirty acres in Wytfield at Rath, and fifteen acres at Duldawy : Reserving to the said bishop and his successors ii ABSTRACT OF CHARTERS OF [1226- PAGK the other lands and pastures which lie and his predecessors justly possessed in the King's forests previous to that grant : To be held by the foresaid bishop and his successors, as freely and peacefully as other bishops in Scotland held their lands, for performing the forensic service pertaining thereto ; granting also to the bishop and his foresaids the said lands of Rathmorcus in forestry, and prohibiting any from cutting or hunt ing on the said land without their permission, under forfeiture of £10. Witnesses, Earl Patrick, Earl Malcolm of Fife, Allan son of Rolland, constable, Walter son of Alan, steward, Walter Olifard, justiciar of Lothian, and others. Stirling, 31st March, twelfth year of reign [1226], 2 Agreement between Andrew Bishop of Moray, with consent of the dean and chapter of the cathedral kirk of Moray, on the one part, and Gilbert, son of Gilbert sometime Earl of Strathern, on the other part, to the effect that the foresaid Gilbert and his heirs should hold of the foresaid bishop and his successors in feu-farm the half davach of Kyncarny, for payment yearly to them of three marks sterling, and performing the King's forensic service pertaining to the land : Providing that if the land foresaid should be wasted in war, the farm duty should be reduced according to the arbitration of good men ; reserving also to the said bishop and his successors the persons born on the said land (iiativi homines), and providing that the foresaid Gilbert and his heirs should pay to the Bishop of Moray a penalty of ten merks sterling, in case of infringing the agreement. Dated 12th September 1232, 4 Charter by Alan, the Doorward of Scotland, to Sir Gilbert of Glenkerny, for his homage and service, of the half of his lands of Tulachfyny, in Mar : To be held by the said Sir Gilbert and his heirs or assignees, of the granter and his heirs, in fee and herit age, for rendering the King's Scottish forensic service, when it happened, pertaining to so much land, for the performance of which the said Gilbert and his heirs should be exempt from all suit of court of the granter and his heirs. With clause of warrandice. Witnesses, Sir Robert Byset, Sir Thomas Byset, Sir Thomas Sybaud, Sir Thomas Doorward, Sir John Prat, etc. Circa 1256, 4 Charter by John Prat, whereby he grants and quitclaims to Sir Robert le Grant and his heirs, the whole land of Clonmanache, respecting which there was a contention between the granter's father and the said Robert : To be held by him and his heirs, of the granter and his heirs, in fee and heritage, for payment of one merk of silver yearly, half at Whitsunday and half at Martinmas. Witnesses, Sir John Byset, Sir Alexander of Stirling, Sir William son of Augustine, and others, Circa 1258, 5 Confirmation by King Alexander the Third of a gift by John Prat, knight, to Gilbert of Glennegerni, younger, and Marjory his spouse, sister of the said John, of the lands of Daltely, in Moray : To be held by the said Gilbert and Marjory, and the heirs of their bodies, of the foresaid John and his heirs, in fee and heritage, as freely as his charter to them thereof bore. Witnesses, Colban Earl of Fife, Allan Doorward, and others. Obeyne (Aboyne), 1 4th August, tenth year of reign [1267], G 1306.] THE GRANTS OF GRANT. m PAGE 9. Confirmation by King Alexander the Third, of a gift made by Walter Stewart, Earl of Menteith, with consent of Mary Countess of Menteith his spouse, to Gilbert, son of Gilbert of Glenkerny, knight, of half of the town of Broculy, with the pertinents, that is to say, the half lying on the east side towards the marches of Eglysdissentyne : To be held by the said Gilbert and his heirs, of the said Earl Walter and Mary his spouse and their heirs, in fee and heritage, in terms of the Earl's charters granted to them thereof ; reserving the King's service. Obeyne, 1 4th August, tenth year of reign [1267], 6 1 0. Charter by Gilbert, third Lord of Glenkerny, knight, with consent of Matilda his spouse, to Gilbert his eldest son, of the whole land of Gerbothy, for his homage and service : To be held by him and the heirs of his body, for ever, of the foresaid Gilbert and Matilda, for rendering yearly to them a pair of white gloves at Whitsunday, and performing the King's Scottish service pertaining to the said land. Witnesses, Sir John of Stirling, Sir John Prat, Sir William of Dolays, knights, and others. Glenkerny, on the Feast of the Purification, [2d February] 1280, 7 1 1. Charter by Gilbert of Glencarny, granting to Duncan of Feryndrawcht, in free marriage with Marjory his daughter, and to their heirs, the east davoch of the lands of Conynges, in the holding of Abernethy, with the homage and service of his tenant of the davoch of Wester Conynges, with all right and lordship competent to the granter or his heirs in any case whatsoever, both in the said davoch of land and in the tenant thereof, namely, the davoch which Cecilia, the daughter of the deceased Sir William Ruffus, knight, then held of the said Gilbert, in feu and heritage, for homage and service : To be held by the said Duncan and Marjory, and the heirs of their bodies, in free marriage, as freely as any one in the realm of Scotland held or possessed any land by gift of any baron. Witnesses, Archibald Bishop of Moray, Henry Bishop of Aberdeen, Sir Reginald le Chen, Sir William of Dolays, knights, and others. Inter 1281 and 1298, 7 1 2. Declaration by Malise Earl of Stratherne, that because Sir Gilbert of Glenkerny, senior, had rendered him bodily service, adhering to him and staying with him with his following in the Scottish war, contrary to the tenor of his charter of his tenement of Glenkerny, which he held of the Earl, the Earl protests service so rendered should engender no prejudice to Sir Gilbert or his heirs, or to the tenor of his charter in time to come, and that such service should not be due to the Earl or his heirs in time coming except at the pleasure of Sir Gilbert or his heirs. Perth, Sunday after the Feast of St. John the Baptist, [26th June] 1306, 8 13. Charter by John Randolph, Earl of Moray, Lord of Annandale and Man, whereby he grants and confirms to his faithful John le Grant and his heirs the whole land of Dovely, together with the custody of the Earl's tower and manor-place of Tarneway, at the Earl's own expenses, and also with the keeping of the Earl's whole forest beyond his park : To be held of the Earl and his heirs, in fee and heritage, for payment to iv ABSTRACT OF CHARTERS OF [1346- page them of one penny in name of blench farm, at the Castle of Forres, at Whitsunday, if asked only. Given under the great seal of the Earl's chancery. Witnesses, Lady Isabella Eandolph, Countess of Moray, the Earl's mother, Simon Abbot of Kinloss, and others. Elgin, 1st April 1346, 8 14. Charter by William, sixth Earl of Ross and Lord of Skye, son and heir of Sir Hugh of Ross, sometime Earl thereof, granting to his beloved and faithful John Scot, burgess of Inverness, for his faithful service, the whole annualrent lawfully due to the granter out of the lands of Culclochy within Strathnarryn, in the earldom of Moray, and all right and claim competent to him, his heirs or successors, in the premises, in time to come : To be held by the said John Scot and his heirs, of the Earl and his heirs, for the payment of a pound of cumin at Whitsunday yearly, at Inverness, and for doing to the King the service due by law for such annualrent. Manor of Dalgeny, 12th November 1358, 9 1 5. Charter by Patrick the Grant, Lord of Stratharthoc, granting to William, called Pilche, burgess of Inverness, his son-in-law, the whole davoch of the land of Kyldreke, with the half davoch of Glenbeg, lying within the granter's lands of Inveralyane : To be held by the said William and the heirs begotten between him and his spouse, Elizabeth, the granter's daughter, of the said Patrick and his heirs, as freely and honourably as any predecessor of the granter had held the said lands of the King, or as he himself held them of Thomas Earl of Moray and his heirs, on condition, however, that the lands should return to the granter and his heirs on failure of heirs of the body of the said William and Elizabeth, for performing the King's forensic service pertaining to the said lands, as contained in the charter of Inveralyn, granted to the said Patrick's father, and paying to the granter a silver penny in name of blench- farm yearly, at Whitsunday, if asked only. Witnesses, Alexander Bishop of Ross, Robert Prior of Beauly, etc. Inter 1357 and 1362, 10 16. Charter by John called Skinner, burgess of Inverness, to John called Scotte, burgess of Inverness, of a piece of land, with the buildings and pertinents, in the town of Inver ness, lying and bounded as therein described : To be held of the granter and his heirs, by the said John Scotte, his heirs and assignees, in feu and heritage, for ever, for performing to the King, and to the burgh of Inverness, in the neighbourhood, the services due and wont, and paying to the granter and his heirs 13s. 4d. sterling yearly. Sealed with the seals of Alexander called Pilche, alderman, Alexander called Yrinpurse, and other burgesses, as also with the common seal of the burgh, which were adhibited at the granter's request. Circa 1360, \\ 17. Charter by King David the Second, confirming to his beloved and faithful Gilbert of Glencharny, all the lands of the barony of Glencharny, with the pertinents, in the earldom of Moray and shire of Inverness, which had been resigned by the said Gilbert into the King's hands : To be held by him and the lawful heirs-male of his body ¦ whom failing, by Duncan Fraser and Christian his spouse, sister of the said Gilbert 1398.] THE GRANTS OF GRANT. v PAGE and the survivor of them, and the lawful heirs-male of their bodies ; whom failing, by the heirs lineally descended of the said Gilbert, in fee and heritage, for performing the services due and wont. Aberdeen, 18th January, thirty-third year of reign, [1362-3], 12 18. Letters of Procuratory by John of Hay, Laird of Tolybotvill, Sheriff of , constituting McCrachter McYoin his mair and substitute, to give to Gilbert of Glen kerny, by the King's and Sheriffs' authority, sasine of the lordship of Glenkerny, with all its rights and pertinents. Inverness, 4th March 1364, 12 19. Letters under the Privy Seal of King David the Second, inhibiting Robert, son of Duncan of Athole, from wasting, or causing to be wasted, the lands of Glenchernin, which his Majesty had recently learned he was doing, on the ground of a certain sale made to the said Duncan his father, by Laurence Gelibrand, knight, of the marriage of Gilbert of Glenchernin, to which, as his Majesty had heard, Laurence had no right ; and charging the said Robert, if any right in the marriage in question appeared competent to him against either of the said Gilbert or Laurence, he should prosecute it before the King and his Council. Elgin, 20th April, a. r. r. 37, [1367], 13 20. Charter by Marjory, Countess Dowager of Moray, and Thomas of Dunbar, Earl of Moray, son and heir of the late Sir John of Dunbar, Earl of Moray, and the said Lady Marjory, granting to Gilbert of Glencherny, in excambion for the lands of Glencherny, with the pertinents, in the earldom of Moray and shire of Inverness, their whole land of the two Fochabers, in the earldom foresaid, with " fortyris " of the same, and the lands on either side of the water of Spey belonging to the said lands : To be held by the said Gilbert and his heirs or assignees, of the granters and their heirs, in feu and heritage, for rendering of three suits yearly at the three head courts of the Sheriff of Elgin ; reserving also the King's service. The charter further grants to the said Gilbert, for the cause foresaid, the whole land of Mayne, near Elgin, for his lifetime, to be held of the granters, without reddendo, but to revert freely to them and their heirs after the decease of the said Gilbert. And the said Marjory and Thomas warrant to the said Gilbert and his foresaids the said lands of Fochabers, notwithstanding the claim of dowry made thereon by Margaret, spouse of the said Thomas, to whom Dun- kenedy and Cayldecotys were given in recompence thereof. Cathedral Kirk of Elgin, 15th February 1391, 13 21. Indenture between Thomas of Dunbar, Earl of Moray, and Gilbert of Glencherny, then lord of Fochabers and tenant thereof, whereby the latter, for the sum of £100 sterling, payable at the terms therein specified, sells to the former the two towns of Fochabers, in the earldom of Moray, lying on the east side of the water of Spey : To be held by the said Earl and his heirs and assignees for ever. Elgin, 26th March 1398, 14 22. Notarial Instrument, certifying that Elizabeth le Grant, Lady of Stratharach, a noble woman, compeared personally in presence of Robert Bishop of Dunkeld and Alexander Stewart, Earl of Mar, and publicly declared that she had made no alienation of her lands of Stratharach to any one, except that which she then intended to make, and VI ABSTRACT OF CHARTERS OF [1419- page made, to her dearest son, James Makintoche, to whom and to his heirs she then granted all right and claim of right she ever had or could have to the said lands, in fee and heritage, for ever, and gave her oath thereupon. Done in the Great Chamber of the Castle of Kyndromy, 28th August 1419, 15 23. Notarial Instrument on the resignation by Thomas Parkar, burgess of St. Andrews, of the lands of Wormote, in the barony of Auchnachtane and shire of Fife, into the hands of William of Hay, knight, lord of Auchnachtane, his overlord, in favour of the said William and his heirs, for ever ; renouncing all right to the same. 4th March 1499 16 A^w *-5 - 24. Charter by Robert Waus, burgess of Inverness, with consent of Alexander Waus, bishop of Galloway, John Waus, Gilbert and Richard Waus his brothers, to Andrew Rede, burgess of Inverness, of two perticates of land, with the buildings thereon, in Church Street, in the burgh of Inverness : To be held by the said Andrew, his heirs and assignees, of the said Robert, his heirs and assignees, for paying to the Laird of Dryltoun two shillings, and to the King the usual farm-duty yearly ; reserving the King's forensic service. Edinburgh, 20th May 1426, 17 25. Precept from the Chancery of King James the First, directed to the Sheriff of Elgin and his bailies, proceeding upon a retour to Chancery, for infefting Duncan le Grant as heir to his mother, Matilda of Glencherny, in the fifth part of the barony of Rothes Wiseman and Burnemekty, with the pertinents, the two Fochabers, the half of Sures- toun, and two merks of annual rent to be uplifted out of the town of Thornhill, which were all held of the Earl of Moray in chief, which earldom of Moray was then in the King's hands. Edinburgh, 31st January, twenty-ninth year of reign [1434-5], 18 26. Charter by Nicholaus Man, burgess of Inverness, to John, son of Alexander "Magnus," of the half of a tenement in the Kirkgate of Inverness : To be held by him, his heirs and assignees, of the granter, his heirs and assignees, for payment of two shillings yearly to the granter, and three pence three farthings to the King. Witnesses, John Grant, Provost of Inverness, Donald the Smith and Hugh Clerk, bailies, and others. Inverness, 4th February 1438, 19 27. Notarial Instrument, certifying that in presence of the notary and witnesses, com peared personally Walter of Douglas, laird of Cramunde, by petition and request of Patrick Ferguson, burgess of Inverness, with reference to a sasine of the lands of Gaych, Drekky, and Glenbeg, formerly given by him, and publicly confessed and declared that in the time of the late Thomas of Dunbar, Earl of Moray, he, the said Walter of Douglas, was appointed by him Sheriff of Elgin ; that the said Earl admitted certain letters of inquest of the lands of Gaych, Drekky, and Glenbeg, with John of Narryn, formerly lord of Cromdale, and procurator for Elizabeth and Margery, daughters of William Pylch, formerly laird of these lands, to the head sheriff-court of the town of Elgin, for making an inquest of the said lands ; that after the making of the inquest he rode with the Earl as far as Glencherny, and that on his return he gave sasine of the said lands to the said John of Narryn, as procurator for the said 1464.] THE GRANTS OF GRANT. vn Elizabeth and Margery Pylch, and invested him therein in their name ; and that this was done at the Martinmas next after the death of Sir Thomas Steuart, Earl of Garioch. Done at Inverness, before the kirkyard gate of the parish kirk thereof, 11th May 1445, 19 28. Charter by John Wynne, burgess of Inverness, son and heir of the deceased Alexander Wynne, burgess thereof, confirming to Sir Hugh Mitchelson a perticate of land in the Kirkgate of Inverness : To beheld by him and his heirs and assignees, of the granter, his heirs and assignees, for payment to the chapel of the Virgin Mary of the Grene of Inverness, of 4s. Scots yearly, and 5d. to the King, at the terms used in burgh. Warrandice of the land is given under the penalty of £10 Scots, to be applied to the fabric of the parish kirk of Inverness. Inverness, 10th February 1450, 21 29. Precept of Sasine directed by Archibald Earl of Moray and Master of Douglas to Duncan le Grant of Fruychy, for infefting John the Hay of Mayn in the half of the town of Inverarian, half of Glenbeg, and half of the town of Drekky, with the perti nents, in the shire of Moray and regality of Ballokhill, which lands had belonged to the late Elizabeth Pylche, and had been resigned by her in her pure widowhood, into the granter's hands, as is contained in the said John's charter thereof. Elgin, 31st August 1453, 22 30. Notarial Instrument on the agreement between David Bishop of Moray and the Chapter thereof, and Alexander Kere [Mackintosh] of Rothiemurchus, in the controversy between them respecting the occupation of the kirklands of Rothiemurchus by the said Alexander, by which agreement it was concluded that the bishop and chapter should grant the Kirklands of Rothiemurchus to the said Alexander and his heirs for ever, for payment of 24 marks Scots yearly, the lands to revert to the bishop and chapter of Moray in default of payment. But if the said Alexander, while not failing in such payment, should find other lands to the value of ten pounds of annual rent in the shire of Moray, between the waters of Ness and Spey, and between the glen of Rothes, barony of Lethyn, and the sea, or lying within the said barony and not higher [up the Spey], in which he should infeft the church of Moray, to be held of the King in chief, then the said Alexander and his heirs should have the said lands of Rothiemurchus in excambion, to be held of the church of Moray in chief, without any further payment of the said annual rent. 23d August 1464, 22 31. Notarial Instrument, recording the assignation by David Stewart, Bishop of Moray, with consent of his chapter, of the lands of Rothiemurchus to Alexander Keyr Makyn- toschey and his heirs, which lands had been resigned by the latter into the bishop's hands, in terms of an instrument made between them thereupon. Done in the Cathedral Kirk of Moray, 24th September 1464, 24 32. Charter by David Stewart, Bishop of Moray, with consent of his chapter, to Alexander Keyre Makintosh, of the kirklands of Batamurcous, with the pertinents, in the shire of Inverness : To be held by him and his heirs, of the Bishops of Moray, in fee and vin ABSTRACT OF CHARTERS OF [1464- PAGK heritage, for payment of 24 merks yearly, till the said Alexander or his heirs should seise the bishop and church of Moray in ten pounds' worth of sufficient land, in excambion for the foresaid lands of Rothiemurchus, then to be held of the bishop and church of Moray in chief ; reserving the King's forensic service, due and wont, and paying a fir cone to the bishop at the manor-place of Bothiemurchus, if asked. The lands to revert to the bishop and his successors, on failure of the grantee or his heirs to pay the said annualrent, etc. Elgin, 24th September 1464, 24 33. Retour of Service of Duncan Grant, knight, as heir of the deceased Gilbert of Glen charny, in the lands of Kunnyngais, with the pertinents, which were then valued at 40s., and in time of peace at 10 marks. The retour was expede before Celestine of the Isles, sheriff-depute of Inverness, 25th February 1464, 26 An indorsation states that seisin was not given on this retour, in consequence of certain specified defects therein. 34. Charter by King James the Third, under the Great Seal, to Alexander of Dunbar of Westfield, knight, of the lands of Westfeilde, Focabris, and Auldecasch, in the shire of Elgin, erecting the said lands, which belonged to the said Alexander heritably, and had been resigned by him into the King's hands at Edinburgh, into the barony of Westfeilde : To be held of the King and his successors, for rendering the services used and wont. Edinburgh, 1 0th February 1467, 27 35. Retour of Duncan of Grant, knight, as heir of his grandfather, Gilbert of Glencherny, in the lands of Cunygass, in the shire of Inverness, which lands were then worth 40s., and in time of peace 10 marks, and were held of the Crown by ward and relief, and had been in the hands of the King since the death of the said Gilbert, who died about thirty years previously. Expede before Celestine of the Isles, sheriff- depute of Inverness, at Inverness, 7th February 1468, 28 36. Precept from the Chancery of King James the Tliird, to infeft Duncan the Grant knight, as heir of Gilbert of Glencarny, his grandfather, in the lands of Cunygais : Taking security for £60 of farm duties of the lands, which had been in the King's hands for thirty years, the duties extending yearly to 40s., and for 40s. of relief of the said lands. Edinburgh, 3d March, ninth year of reign [ 1 4 C 8-9], 29 37. Notarial Instrument, narrating that James Hay, lord of the barony of Nauchtan, and of the property of the lands of Wormet, as he alleged, in the shire of Fife, passed to the said lands of Wormet, then in debate between him and Elizabeth his sister, spouse of John Heryng, and there recited that, in answer to a summons, he compeared before the King's Council at Edinburgh, where it was enacted by the said council that the said lands should be recognosced in the King's hands to the 15th June next follow ing : And because, as the said James averred, the said lands of Wormet had not been recognosced at the date of the present instrument, neither by the Kino- nor by an officer in his name, and that it was lawful to him to poind and distrain for the maills thereof, which extended to six merks Scots ; he forthwith caused four neighbours to pass to a field where certain oxen were grazing, and to 1483.] THE GRANTS OF GRANT. IX PAGE apprise six oxen for the maills of the lands. The neighbours being duly sworn, apprised four oxen, which the said James left to pasture, as his property, on the said lands. 20th May 1472, 29 38. Charter by Marjory Lude, Lady of the half of the barony of Freuchie, whereby, in her widowhood, urgent need, and for the sustentation of her life, she wadsets to Patrick Grant, her carnal son, her lands of Achinarrow, Downan, Port, and Dalfour, in the barony of Freuchie and shire of Inverness, for 600 merks Scots : To be held by him and his heirs till the foresaid sum should be repaid on the high altar in the Cathe dral Kirk of Moray ; the said Patrick and his heirs rendering to the superior the services due and wont. Cathedral Kirk of Moray, 28th July 1473, 30 39. Notarial Instrument, narrating that in presence of notaries and witnesses, compeared Alexander Makyntoischie, thane of Rathamurchus, and declared that he had, that very hour, seen James Steuart, constable of the palace of Spyny, and bailie of David Bishop of Moray in that part, give sasine and possession to Duncan Makyntoischie, of the lands of Rathamurchus, pertaining to him, the said Alexander, as he alleged, by various rights, and that such sasine, if allowed, would seriously prejudice him and his heirs ; wherefore, in a loud and distinct voice, he broke, cassed, and annulled the foresaid sasine, so far as he could, and in token of such cassation, he, within the house in the door of which the sasine had been given, broke with his foot a wooden dish and put out the fire kindled there, protesting that the pretended sasine should not prejudice him in time coming. 20th July 1475, 31 40. Precept by Duncan Grant of Freuchie, knight, to infeft James Douglas of Pedindrecht, for his lifetime, in the fifth part of the half of the town of Surastoune, with their pertinents, in the shire of Elgin. Burgh of Elgin, 25th September 1 475, 32 41. Notarial Instrument, narrating that in presence of William of Duffous, notary-public, and witnesses, personally compeared Elizabeth Pilche and Marjory Pilche, being in their widowhood, and appointed Alexander Dunbar of Westfield, knight, James Dunbar of Connoch, and others, their lawful procurators, for surrendering in the King's hands, or in the hands of others having power to receive resignations, in favour of Alexander Hay of Mayne, the lands of Inuerellene, Gaich, Glenbege, Cragyne, and Dregye, with their pertinents ; also the lands of Culcabok, Knokintenuaill, and Auch, in the shire of Inverness ; also lands and annual-rents in the burgh of Inverness, belonging to the said Elizabeth and Marjory Pilche heritably : Reserving to the granters their liferent of the subjects disponed. 20th May 1482, 33 42. Gift by George Earl of Huntly, Lord Gordon and Badenoch, to John the Grant, son and apparent heir of the deceased John the Grant, son of Sir Duncan the Grant, of the four davachs of Kynrara, Raite, Blarowye, and Gask, in the lordship of Badzhe- nacht and shire of Inverness, for his manrent and service done and to be done to the Earl all the days of his life : To be held by the said John Grant, younger, for his lifetime ; reserving to the Earl and his heirs the ferme multure of the foresaid lands. Kyldrwme, 16th September 1483, 34 t ABSTRACT OF CHARTERS OF [1484- page 43. Contract of marriage between James Ogilvy of Deskworth, knight, and John the Grant, grandson and apparent heir to Sir Duncan the Grant of Freuchie, knight, whereby the said John became bound to take to wife Margaret Ogilvy, daughter of the said Sir James, and to complete the marriage on eight days' warning, whenever the latter required him thereto : For which cause the said Sir James became bound to pay to the said John 300 marks Scots, by termly payments; and the said John should infeft the said Margaret in 20 marks worth of land, in conjunct-fee ; and the said Sir James and his son and the said John engaged to stand leal and kind to one another in all their honest causes, etc. Bog of Geith, 15th September 1484, 35 44. Notarial Instrument, recording the resignation by Robert Stewart of Abernethy of his lands of the two Cullarleys, in the shire of Aberdeen, into the hands of George Earl of Huntly, overlord of the same ; which lands were thereafter given by the Earl at the said Robert's request, to Alexander Stewart his son, by re-delivery of the staff and baton, and the Earl further granted and promised to give sasine of the lands, with charter and other necessary deeds. St. Mary's Chapel, in the cathedral kirk of Moray, 14th December 1485, 36 45. Instrument of Sasine, proceeding on a brieve from the Chancery of King James the Fourth, directed to Malcolm Ogilvy, sheriff-depute of Inverness, in favour of John Grant, grandson of the deceased Duncan Grant of Freuchie, in the half of the lands of Fruchy, the two Culquhetis, the two Connageis, and Glenloquhy, in the shire of Inverness. Sasine given on the Ground and Messuages of Fruchy and Connageis, 17th June 1489, 37 46. Precept of Sasine by George Earl of Huntly and Lord of Badzenach, for infefting John Grant of Freuchie in his whole lands of Corroo and Tollochgorme, with their pertinents, in the lordship of Badenoch and shire of Inverness. Huntlie, 14th June 1491, ... 39 47. Instrument of Sasine, proceeding upon the foregoing precept, in favour of the said John Grant of Freuchie, of the lands of Corroo and Tullochgorm. Done on the said lands, 20th June 1491, 39 48. Precept of Sasine by George Earl of Huntly and Lord of Badzenacht to James Grant in Balnadalloch, and others his bailies, to infeft John Grant of Freuchie in the lands of Clewchrie, in the lordship of Badenoch. The place of Gecht, 4th February 1491, 40 49. Charter by King James the Fourth, under the Great Seal, confirming to his well- beloved John Grant of Freuchequhy the lands of Freuchequhy and mill thereof, with the pertinents, the two Culquheichis, Dailfoure, Auchynnegale, the two Connygais and mill thereof, and Glenlochy, with the pertinents, in the shire of Inverness ; the fifth part of the lands of Lincauwode, and of the mill thereof ; the fifth part of the lands of Birmukty and of Garboty ; the half of the lands of Inchebary and of Ordyquhois ; the half of the lands of Mulven ; the six shilling and eight penny lands of Surestoun, with their pertinents, in the shire of Elgin, which all belonged heritably to the said 1507.] THE GRANTS OF GRANT. xi PAGE John, and were resigned by him into the King's hands at Edinburgh, upon which his Majesty, for the singular favour he bore to the said John Grant, and for his faithful service rendered to the Crown in many ways, erected and incorporated the same into one entire and free barony, to be called in all time coming the Barony of Freuchequhy : To be held by the said John and his heirs, of the King and his successors, in fee and heritage, for ever, for rendering yearly three suits at the three head courts of the shire in which the lands respectively lie, with ward, relief, and marriage when they occur. Edinburgh, 4th January 1493, 41 50. Charge by King James the Fourth to the Sheriffs of Inverness, Elgin and Forres, and Banff, to desist from poinding and distraining John the Grant of Fruquhy for certain sums in which he was adjudged in the justice-eyres last held within the bounds of their offices, for non-entry of himself and several other persons to the said eyres ; which sums the King had remitted to him for 400 merks, and for his service in the taking of Alan More M°Kewin and his accomplices, and for taking Finlaw Gibbounson in the Brae of Mar. Edinburgh, 10th June, tenth year of reign [1498], 43 51. Charter by King James the Fourth, under the Great Seal, to John Grant of Freuchie, of the lands of Glencarnee and Balnadalach, with the mills thereof, in the shire of Elgin and Forres : To be held by him and his heirs, of the King and his successors, in feu-farm and heritage, for ever, for payment of £7 1 Scots yearly in name of feu- farm ; the gift to lapse in case of failure in payment of the said feu-farm. Linlith gow, 4th February 1498, 43 52. Precept of Sasine by John Name, baron of Cromdale, to Patrick Grant, and others his bailies in that part, for infefting John Grant of Freuchie in his lands of the. half of the town of Nether Achinquhorsk, with the pertinents, in the barony of Cromdale and shire of Inverness, in terms of the said John's charter thereof. Burgh of Elgin, 1 6th April 1505, 44 53. Precept of Sasine by Thomas Kynnard of Culbin to his bailies, for infefting John Caldor, precentor of Ross, in the lands of the two Tulleglens, with the pertinents, in the barony of Culbin and shire of Forres ; of which the lands of Over Tulleglens belonged to Duncan Paulsone heritably, and Nether Tulleglens to Thomas Farsson, and had been resigned by them into the hands of the said Thomas. Dundee, 23d February 1506, 45 54. Letters by George Earl of Rothes, Lord Lesly and Baron of Ballynbrecht, appointing John the Grant of Freuchie his assignee, to warn Alexander Gordon of Brekowcht, either at the " chymmyce " [manor-house] of Muldare, or at high mass in the parish kirk of Rothes, to receive the sum of £106, 13s. 4d. Scots for the redemption of the lands of Muldare, in the barony of Rothes and shire of Elgin, in terms of the letter of reversion made thereupon, etc. Falkland, 25th October 1507, 46 55. Notarial Instrument on a contract between John the Grant of Freuchie and John Cuming of Emishead, narrating that in fulfilment of another contract made between Xll ABSTRACT OF CHARTERS OF [1508- page them at Elgin on the 10th May preceding, the said John the Grant delivered to the said John Cuming 100 merks Scots in part payment of his son and heir's marriage ; and that the said John Cuming became bound to infeft his son and the said John Grant's daughter in a £20 land, within three months after their marriage, etc. Hall of Altre, 8th November 1508, 47 56. Precept of Sasine by James Dunbar of Cumnok, successor and heir of Alexander Dunbar of Westfield, knight, for infefting James Dunbar of Auldcasche in the lands of Auldcasche, in the shire of Elgin, which belonged to the said James heritably, and had been resigned by him into the granter's hands, as superior thereof. Edinburgh, February 1508, 49 57. Charter of Sale by John Cuming of Ernished to John Grant of Freuchie, of the half of the lands of Mulben, and the whole of the lands of Mekle Balnabrochis, with their pertinents, in the shire of Elgin : To be held by him and his heirs and assignees, of the King and his successors, Kings of Scotland, in fee and heritage, for rendering to them the services due and wont. Burgh of Elgin, 29th June 1509, 49 58. Charter of Confirmation by King James the Fourth, under the Great Seal, of the im mediately preceding charter. Edinburgh, 31st July 1509, 50 59. Charter by King James the Fourth, under the Great Seal, to John Grant of Freuchie, of the 1 2 merk land of Bordlande of Urquhart, with the castle and fortalice thereof, the 6 merk land of Kill Saint Ninian with the mill thereof, the 6 merk land of Karow- gar, the 6 merk land of Drumboy, the 3 merk land of Wester Bunlaode, the 3 merk land of Middle Bunlaode, the 3 merk land of Easter Bunlaode, the 6 merk land of Ballymakauchane, the 6 merk land of Gartale, the 6 merk land of Polmale and Dulchangy, the 9 merk land of the three Inchbrunys, the 3 merk lands of Mekle Deveauch, with the office of forester of the forest of Cluny, with the shiels of the forest, extending in all to a £46 land of new extent, as contained in the King's new rental, lying in the lordship of Urquhart and shire of Inverness ; reserving to the King and his successors the property of the forest of Cluny and shiels thereof ; which lands, castle, and others, his Majesty, of his special favour, and for the thankful service done to him by the said John Grant, united and erected into the barony and feu-farm of Urquhart, of which the castle of Urquhart was to be the chief messuage : To be held by the said John Grant and his heirs-male, in feu-farm and heritage, for payment yearly for the said lands and barony (except the lands of Petcarril Chapel, which the King re served to the Chapel of St. Ninian of Urquhart), of £46 Scots, with a duplicand on the entry of each heir, with the marriage of the heir when it occurred, and 6s. 8d. in augmentation of rental : The said John and his heirs being bound also to find and maintain a lance, that is three sufficient horsemen, for every £1 0 land, to the King's diets in time of war, beyond the kingdom, and to build a tower at the messuage of Urquhart, etc. Stirling, 8th December 1509, 51 60. Charter by King James the Fourth, under the Great Seal, to John Grant, younger son of John Grant of Freuchie, of the £4 land of Corrymony, the £4 land of Morull, the 1514.] THE GRANTS OF GRANT. xiii PAGE £8 land of the four Mikleis, the 40s. lands of Lochletter, the 40s. lands of Auchin- tamarag, the 4 0s. lands of Deveauch, and the half of the lands of Mekle Clune, extend ing to a 20s. land, and the 40s. lands of Petcarill Croy, extending in the whole to a £27 land, as contained in the King's new rental, lying in the lordship of Urquhart and shire of Inverness ; which lands the King, out of special favour, erected into the barony and feu-farm of Corrymony : To be held by the said John Grant, younger, and his heirs-male, of the King and his successors, in feu-farm and heritage, for payment of £27 Scots yearly, with the marriage of the heir when it occurred, and 6s. 8d. yearly in augmentation of rental, etc. Stirling, 8th December 1509, 54 61. Precept by James Dunbar of Cunze to his bailies, for infefting Alexander Gaderer, burgess of Elgin, and Issabel Sclater his spouse, in the lands of Auldecaiche, with the pertinents, in the shire of Elgin, in terms of his charter granted to them thereof. Burgh of Elgin, 4th June 1510, 56 62. Letters of Composition in favour of John Grant, natural son of John Grant of Freuchie, for receipt of, and intercommuning with, rebels that were at the horn. Inverness, 1st July 1510, 56 63. Letters of Composition in favour of Gillecreist Makgillecallum, John Makgillecallum, and others, in Urquhart and Cromdale, for receiving, intercommuning with, and assisting the King's rebels, being at the horn, and to William Alexanderson, for being art and part in the slaughter of the deceased Ferchard Makewin, etc. Inverness, 10th July 1510, 57 64. Letters of Composition in favour of John Grant of Freuchie, for receipt of, intercom muning with, and assisting the King's rebels, being at his horn. Elgin, 15th July 1510, 58 65. Acquittance by Thomas Lord Fraser of Lovat to John the Grant of Freuchie, for the sum of 400 merks Scots, in part payment of a larger sum promised to him by the said John for contract of marriage of his eldest son and apparent heir, Hew Fraser. Mulben, 29th April 1512, 58 66. Bond of Manrent by James the Grant, son and apparent heir of John the Grant of Freuchie, whereby he became bound, during his father's lifetime, to take the part of his uncle, Alexander Ogilvy of Deskford, and to " ryd and gang with him in al his honest and rychtwis caussis, specialie aganis the Clanquhattane," if they invaded his lands, etc. Findletter, 19th April 1514, 59 67. Contract between Alexander Earl of Huntlie and John Grant of Freuchie, whereby the Earl, for the sum of 200 merks borrowed by him from the said John Grant, became bound to give to the latter and his heirs the non-entry of the lands of Auchinnisse, with their pertinents, in the shire of Banff, with all right he had to the said lands ; if John Grant accepted, he was to pay to the Earl 100 merks more ; and if he did not, the Earl was to repay him the 200 merks, etc. Huntlie, 6th August 1514, ... 59 xiv ABSTRACT OF CHARTERS OF [1514- page 68. Gift by Alexander Earl of Huntlie, Lord of Boyne and Ainze, overlord of the lands of Auchanyse, to John the Grant of Freuchie, his heirs and assignees, of the non-entry of the said lands of Auchanyse, which had been in his Lordship's hands since the gift and alienation thereof made by Lady Jelis to the Laird of Petslegach, etc. Huntly, 16th October 1514, 60 69. Charter by John, son of Andrew Keransone, alias Lavebane, to Patrick Faide, of a rood of land lying on the west side of the water of Ness, bounded as therein described : To be held by him, his heirs and assignees, from the granter, his heirs and assignees, for paying to the King five pennies, and three shillings to St. Mary of the Green, near Inverness. Burgh of Inverness, 2 6th August 1517, 61 70. Decreet by the Lords of Council in the action pursued by John Grant of Freuchie against Donald His of Lochalsche, knight, William Chisholm of Comermoir, and others, for spoliation and taking from him of the fortalice of Urquhart, carrying off his victuals and household goods therefrom, and from the town and grange of Kyi Saint Ninian and his other lands in Urquhart, for which offences the said Donald His and others are decerned to pay to the said John Grant, for the wrong and injury done to him, the sum of £2000 Scots. Edinburgh, 26th February 1517, 62 71. Indenture between John the Grant of Freuchie and James Grant his son and apparent heir, on the one part, and Ewin Allanson, captain of Clan Cameron, and Donald his son and apparent heir, on the other part, by which they bind themselves to mutual friendship and defence ; especially the latter became bound to defend John the Grant and his heirs in Urquhart and Glenmoriston, and the former to defend Ewin Allanson and his heirs in Lochaber ; and the said Donald Ewin Allanson became bound to espouse and marry Agnes Grant, daughter of the said John the Grant, under a dis pensation ; but if the dispensation did not come home in time, the parties agree to be " handfasted " for marriage, the same afterwards to be completed under a penalty of 1000 merks, etc. Urquhart, 22d October 1520, 64 72. Precept of Clare Constat by James Bishop of Moray, for infefting Allan Keir Makkyn- tossche as son and heir of John Keir Makkyntossche his father, in the kirklands of Rothiemurchus. St. Andrews, 14th August 1521, 65 73. Contract between Donald Ewin Allanson and Alexander John Alexanderson, in which they swear friendship to each other, and agree that if the said Donald got the 1 3 merk land of Invergarry in tack, feu, or heritage, he should give and let a part of it, that is, the Lagane, to the said Alexander, etc. Ban we, 21st March 1521, 66 74. Discharge by James Earl of Moray to John Grant of Freuchie for the maills of Glen carny, from Martinmas 1516 to Whitsunday 1522, with the exception of £15, 10s. 6d. Elgin, 26th July 1522, 67 75. Retour of William Hay of Mayn, as heir of Alexander Hay of Mayn his cousin, in the lands of Inverellan, Gaich, Glenbeg, Cragin, and Dregy, in the shire of Inverness, which were then valued at 40 merks, and in time of peace at 10 merks, and were held of 1527.] THE GRANTS OF GRANT. XV PAGE the King for service due and wont, and had been in the King's hands for eighteen years or thereby, since the death of the said Alexander Hay, to wit, ten years from the non-age of the heir, and eight years through his not prosecuting his right. Tolboothof the burgh of Edinburgh, 26th March [1530], 67 76. Notarial Instrument on agreement, in lieu of letters of slains, between John Grant of Freuchie, James Grant his son and apparent heir, Robert Grant, John Grant More, and Patrick Grant in Balnadalloch, for themselves and in name of the whole Clan Grant, on the one part, and Finlay Farquharson, Thomas Kay, Sir Richard Thomas M°William, John McConnaldmore, and many others, tenants of the King in Strathdee, for themselves, their orphans, kin, friends, and adherents, on the other part, whereby they mutually forgive one another, on the one part, the beheading and slaughter of the men of Strathdee, and taking of their goods by the Grants, and on the other part, the beheading and slaughter of the men of Strathspey and Stradone, and taking their goods by the said Finlay Farquharson and his kin and friends, and agree to make mutual amends therefor. Dilmorar, in the parish of Strathavin, 8th October 1527, 68 77. Notarial Instrument (made 9th January 1528) on agreement, in lieu of letters of slains, between James Grant, Robert Grant, John Grant Moir, and Patrick Grant in Balna dalloch, in name of themselves and the whole Clan of Grant, on the one part, and John McFuktour, John M°Michell, Agnes Mores, Matthew McGillereache's wife, Morgund Mathowson, Alexander Maitland, John Lammeson, Marjory Lammeis' daughter, and many others, tenants of the King, George Earl of Huntlie and James Gordon of Aberzeldie, in Strathdee, by which, deploring the slaughter of the men of Strathdee and the carrying off of their cattle and goods, on the one part, and slaughter of the men of Strathspey and Strathown and carrying off their goods, on the other part, and wishing to make amends for such evil deeds and to live at peace in time to come, they upon oath remit all rancour and hatred against one another, promise to make amends and satisfaction for the losses sustained on either side, and a°ree that the present instrument should stand in place of a final remission or a letter of slains. Aberzelde, 4th January 1527, 70 7 8. Letters by King James the Fifth, under the Great Seal, remitting to John Grant of Freuchie, James Grant his son and apparent heir, William Grant brother of the said John, John Grant natural son of the said John, Lachlan Makra, John Grant son of the said John Grant of Freuchie, and many others, the crime of staying at home from the King's host at Solway and the siege of Wark Castle, with other offences, and taking the persons aforesaid under his firm peace and protection. Aberdeen, 13th February 1527, 72 79. Letters of Gift by King James the Fifth, under the Privy Seal, to James Grant, son and heir of the deceased John Grant of Freuchie, his heirs and assignees, of the non- entry, maills, profits, and duties of the lands of Glencharny, Balnadalloch, and Urquhart, in the shire of Inverness, which pertained to the deceased John Grant, and were then in the King's hands by reason of non-entry : To be held by the said xvi ABSTRACT OF CHARTERS OF [1529- page James, his heirs and assignees, during the non-entry, for payment of the feu-maills and duties used and wont. The letters also discharge payment by the said James Grant of the usual duplicand of the feu-duty on his entry to the said lands, etc. Edin burgh, 24th December 1529, 73 80. Letters by King James the Fifth, under the Privy Seal, narrating that because the King had confirmed the charter made by his late father to the deceased John Grant of Freuchie and his heirs, of the lands of Glencarney and Balnadalloch, with the miln thereof, in the shire of Elgin and Forres, although the late John Grant and James Grant, now of Freuchie, had failed in payment to the King of the feu-farm of the said lands for seventeen years or thereby, having paid it to James Earl of Moray, the King's brother, yet that such non-payment should not prejudice the said James Grant, his heirs or assignees, in their right to the said lands, his Majesty renouncing all title he might have to the same through the non-payment of such feu- farm. Edinburgh, 19th March 1529, 74 81. Confirmation by King James the Fifth of a Decreet, dated at Edinburgh, 30th March 1530, whereby the Lords of Council decerned James Grant, as heir to his father, John Grant of Freuchie, to pay to the King £71 yearly for each of the sixteen years immediately preceding 1529, for the feu-maills of Glencharnie and Balnadallach, together with £71 for the year 1529, and assoilzied the said James Grant from the King's petition touching the forfeiting of the said lands, etc. Edin burgh, 2d April, nineteenth year of reign [1532], 75 82. Precept of Clare Constat by Margaret Lady of Gordon and Badenoch for infefting James Grant, as heir of his father, John Grant of Freuchie, in the lands of Tullochgorm, Cur, Clowry, Tulloch, and the half of Dalfour, lying in the lordship of Badenoch and shire of Inverness, which lands were held of her in chief as Lady of Badenoch. Bog ofGeith, 20th March 1532, 76 83. Letter of Componitur with Gillanderis McGillemartyne McKerin, Kennoch McGille- patrick, and others, for staying back from the host at Solway and other crimes, except assistance given to Hector Mackintosh. Composition £14. Inverness, 26th November 1534, 77 84. Letters Patent by King James the Fifth, under the Great Seal, remitting all rancour of mind, royal suit, and action, against James Grant of Freuchie, for staying at home and absence from the King's host at Solway and Wark, contrary to the general proclamations, by which crime he incurred the loss of life, lands, and goods. Stirling, 28th July, twenty-second year of reign, 1535, 77 85. Indenture made between James Grant of Freuchie and John Grant in Balnadalloch, by which the former agrees to cause himself and his heirs-male to be infefted in the lands of Glencairnie and Balnadalloch, before the feast of Pasch next following ; and there after to infeft heritably, by charter and sasine, the said John and his heirs-male in the lands of Balnadalloch, with the mill, alehouse, and fishings thereof : To be held of 1539.] THE GRANTS OF GRANT. xvii PAGE the said James and his heirs in feu-farm and heritage, for payment of £4 yearly, and the lands, etc., to return to the granter and his heirs on failure of heirs-male of the said John, who, on his part, became bound to give to the foresaid James his bond of manrent, as the rest of his kin had done, with various other conditions therein contained. Edinburgh, 1st August 1535, 78 86. Acquittance by King James the Fifth, under the signet, to James the Grant of Freuchie, for the sum of £1000 Scots, in complete payment of the sum of £2000 Scots, due for the King's letters of remission to him and his friends for certain great crimes; for the payment of which £1000 he and his cautioners were acted in the Books of Council, to have been paid to Henry Kemp of Thomastoun in the King's behalf. Castle of Stirling, 3d January 1535, 80 87. Retour of James Grant, as son and heir of John Grant of Freuchie, his father, in the lands of Freuchie, with the castle and fortalice thereof ; the two Culquhittis, Achne- gall, Daillfowir, two Cunigais, Glenloch, in the bounds of Strathspey and shire of Inverness ; also the lands of Brodland, with the castle and fortalice of Urquhart, six merk land of Kil Sanct Ninian, six merk lands of Karrowgarrou, six merk lands of Drumboy and others, with the office of forestry of Cluny, in the lordship of Urquhart and shire of Inverness ; the lands in Strathspey being held of the King for ward and relief, and the lands of Urquhart of the King for service of feu-farm, paying yearly £46, 6s. 8d. Scots, and doubling the feu-farm and marriage ; which lands had been in the King's hands from the decease of the said John Grant, which happened in May 1528. Tolbooth of the burgh of Inverness, 3d October 1536, 80 88. Retour of James Grant of Freuchie, as heir of his father, John Grant of Freuchie, in the half of the town and lands of Mulben, with the pertinents, in the shire of Elgin, and the town and lands of Mekill Balnabrochis, in the same shire ; which were held in chief of the King by the service of ward and relief, and had been in the King's hands, by reason of non-entry, since the death of the said John Grant, who died 1st May 1529. Tolbooth of the burgh of Elgin, 28th July 1539, 82 89. Notarial Instrument narrating the application made by James Grant of Freuchie to John Forsyth, macer, for a copy of the King's letters purchased by the Preaching Friars of Elgin, in order that, as a dutiful subject of the King, he might duly obey the same, which to do he had come specially to Elgin. James Grant also denied that he had any concern with the tenants of the kirklands belonging to the said Friars, and protested that the warning of the King's letters should not prejudice him in future, because he could not obtain a copy thereof. Elgin, 5th December 1539, 82 90. Precept of Sasine by King James the Fifth, for infefting Margaret Stewart, daughter of John Earl of Athol, and spouse of John Grant, son and apparent heir of James Grant of Freuchie, in liferent, and the said John Grant and his heirs, in fee, in the lands of Mulben, with the castle and fortalice thereof ; the lands of Meikle Ballin- broth, in the shire of Elgin and Forres ; the two Cunynghais, the lands of Auldcarne, xviii ABSTRACT OF CHARTERS OF [1539- page Mekle Culquhotht, and Litill Culquhotht, in the shire of Inverness, which formerly belonged to the said James Grant, and were resigned by him into the King's hands. Edinburgh, 1 9th February, twenty-seventh year of reign [1539], 83 9 1 . Letters, under the signet, superscribed by King James the Fifth, and directed to the Dean and Chapter of Moray, commanding them to give their consent and common seal to a charter of feu-farm of the lands and barony of Strathspey not set in feu before, granted at the King's command by Patrick Bishop of Moray to James Grant of Freuchie. St. Andrews, 27th April, twenty-seventh year of reign [1540], 84 92. Letters Apostolic by Cardinal Antony, Great Penitentiary of Pope Paul in., pro ceeding on a petition lately presented to him on behalf of John Grant of Balna dalloch, in the diocese of Moray, which bore that Patrick Bishop of Moray, with con sent of his chapter, had granted and set in tack the lands of Advey, Tullithane, Calledur, Royrorye, and Auchuoky, in the barony of Strathspey and shire of Elgin and Forres, belonging to the church of Moray, to the said John Grant and his heirs- male ; whom failing, to James Grant of Freuchie and his heirs-male ; whom failing, to the nearest heirs of the said John whomsoever : To be held of the Bishops of Moray in feu-farm and heritage, for ever, for payment yearly of 32 merks, 10 bolls of oats, and three marts of the value of £5, 10s., etc. The Penitentiary directs the abbot of the monastery of Kinloss, Gavin Lesley, canon of Moray, and Thomas Gaderar, canon of Aberdeen, to make inquiry, and if they found the lease of the said lands to be for the evident good of the church and the bishop's table, to confirm the same with apostolic authority. Rome, ii of the kalends of May, the sixth year of Pope Paul the Third [31st April 1540], 85 9 3. Notarial Instrument, narrating that, in presence of the notary and witnesses, compeared an honourable man, Alexander Dolas of Cantra, and requested James Duf, vicar of Durris, to deliver to him a contract made between the said Alexander and Master George Gordon, constable of Badenoch, for alienation of the lands of Rothiemurchus by the said George to the said Alexander. Which contract, although placed in the custody of the said James, while in his own private chamber in the burgh of Inverness, was, he asserted, violently and wrongfully taken out of his hands and carried off by the said George. Inverness, 1st May 1542, 87 94. Contract between James Grant of Freuchie and Katherine Neyn W°AUone, by which the latter, who was apparent heir to the late John Makallone her brother, in the half lands of Inverurnane, They rn is, and Edinglassy, in the lordship of Mar and shire of Aberdeen, and heir to the deceased Alister M°Allone her father, in the half town and lands of Innercabok, in the lordship of Strathowne and shire of Banff, being debarred by poverty and her unfriends from getting entry to her heritage for sixteen years previously, agreed that the said James should raise brieves of chancery to have her duly entered to the said lands, and engaged thereafter to resign and overgive the lands to him, his heirs and assignees, to remain with them for ever, he paying her 1545.] THE GRANTS OF GRANT. xix PAGE ten merks at the making of the contract, and binding himself to give his eight oxen- gang of land in Over Conigas or Aldquharne, in the barony of Freuchie. for her life time, for penny maill, and to plenish the same for her, etc. Elgin, 27th August 1542. Subjoined is the Monition by the official of Moray, 28th August, same year, 88 95. Letters of Bailiery by James Grant of Freuchie, bailie of Robert (Reid) Bishop of Orkney, Abbot of Kinloss and of the convent thereof, appointing Alexander Gumming of Alteir to act in his absence as his bailie-depute of Kinloss, during their joint lives. Kinloss, 20th June 1544, 90 96. Letters Apostolic by Antonius, Bishop of Sabinensis, Great Penitentiary of Pope Paul in., appointing the Dean and Chancellor of Ross, and the Treasurer of Orkney, his commissioners, to confirm by apostolic authority a grant of the lands of Over Finlarg, otherwise Mukroth Finlarg and Nether Finlarg, in the barony of Strathspey, regality of Spyny, and shire of Elgin and Forres, made by Patrick Bishop of Moray to William Grant, son of James Grant of Freuchie, and the lawful heirs-male of his body ; whom failing, to the said James Grant and the heirs- male of his body ; whom all failing, to the lawful heirs-male of the said James Grant whomsoever, bearing the name and arms of Grant : To be held of the Bishop of Moray for the time in feu-farm and heritage, under an annual-rent of £22, 16s. Scots, with a duplicand at the entry of each heir, personal attendance at the bishop's chief courts at Spyny, and at his justi ciary circuit court of the regality of Spyny, etc. St. Peter's at Rome, 12th kal. Septembris, tenth year of Pope Paul in. [21st August 1544], 90 97. Contract between George Earl of Huntly, on the one part, and James Grant of Freuchie, William Mackintosh of Dunnachtau, John Mackenzie of Kintail, Alexander Ross of Balnagowan, and Robert Monro of Foulis, on the other part, whereby the said John Mackenzie, Alexander Boss, and Robert Monro, became bound to assist the said George Earl of Huntly in getting the tacks and earldom of Ross at the hands of the Queen, Governor, or Countess of Moray, and not to serve, maintain, or obey any other that might get the said earldom, and to accept no bailieries, captainrics, keep ing of houses, profits, nor fees of any but the Earl of Huntly ; and the Earl on his part became bound not to defend nor assist any in entry to the said tacks of Ross, nor to appoint any without the consent of the foresaid persons ; and further, to give to the said John Mackenzie such bailieries for himself and his son as were agreed upon between them, in presence of James Grant of Freuchie, and William Gordoun, notary- public, the said John Mackenzie and his son Kenneth agreeing to give their bonds of manrent to the said Karl, and the Earl to give to Alexander Ross of Balna- gown, and Robert Monro of Foulis, possession of such lands and bailieries as were named in his band of maintenance to them. Inverness, 25th March 1545, 93 98. Contract between James Grant of Freuchie and Alexander Dolas of Cantray, whereby the said James becomes bound to infeft Alexander Dolas and his heirs in the lands of Easter Urquhart, Cantray, Done, and Dalgramycht, in the shire of Nairn and barony of Cloway, before Martinmas following, or else to repay to him the sum of 1000 merks; xx ABSTRACT OF CHARTERS OF [1545- page and also to infeft the said Alexander within seven years thereafter in the lands of Cloway ; also to pay him yearly, until he was infefted in the lands of Cloway, 20 merks out of the lands of Clowre and Wester Cur, and 600 merks at the terms therein specified. And the said Alexander became bound to infeft the said James in the lands of Rothiemurchus, in the shire of Inverness and regality of Spynie, within eight days after he was infefted in the lands of Easter Urquhart, etc. All under the penalty of 1200 merks, etc. Elgin, 23d April 1545, 94 99. Letters of Remission by Queen Mary, with consent of James Earl of Arran, Governor of Scotland, to John Earl of Sutherland and the inhabitants of the shires of Inverness, Nairn, and Cromarty, for their absence from the host and raid at St. Andrews, for the recovery of the castle thereof, on the ground that they were in the Queen's service with George Earl of Huntly, in Lochaber, at the time. 18th December [1545], ... 96 100. Bond of Maintenance by George Earl of Huntly, Lord Gordon and Badenoch, whereby, in consideration that James the Grant of Freuchie, and John the Grant his son and apparent heir, had become his men and granted him letters of manrent for certain lands in Strathowne in which he had infeft them, together with the office of bailiary thereof and the keeping of the Castle of Drummyn, his Lordship became bound to maintain and defend the said James the Grant and John his son in all their lawful actions, his allegiance to the Crown only excepted. Elgin, 8th May 1546, 97 101. Discharge by James Earl of Arran, Governor of Scotland, to James Grant of Freuchie, and other feuars of Urquhart and Glenmoriston, for three terms' maills preceding the date thereof, because the lands of Urquhart and Glenmoriston had been harried and burnt by the Clan Cameron, Clan Rannald, and Clan Ayane in the month of May 1545. 20th July 1546, 98 102. Transumpt, made by authority of Mungo Monypenny, Dean of Ross, and Vicar-General during the vacancy of that see, of a definitive sentence pronounced by Donald Abbot of Feme, delegate of the apostolic see and the Dean and Chancellor of Ross, his colleagues in that part, in an appeal by Alexander Dunbar, Prior of Pluscardyne and the convent thereof, in the diocese of Moray, against Alexander Bishop of Moray, perpetual commendator of the Abbeys of Scone and Inchaffray, and Master Thomas Nam, his commissary-general, by which sentence, as judge-delegate, Abbot Donald found and decerned that the said Alexander Bishop of Moray and Master Thomas Gaderar had unjustly and wickedly issued pretended monitorial letters against the appellants for the sum of 350 merks Scots, thereby injuring them, and he therefore suspended the said letters, and absolved the appellants from the sentence of excom munication incurred, while he also declared the prior of Pluscardyne exempt from the jurisdiction of the Bishop of Moray, and found the Bishop and his commissary liable in the expenses of the suit. The sentence was pronounced in the church of the monastery of Ferme, 27th March 1536, and the transumpt made in the cathedral church of Boss, 9th May 1548, 99 1552.] THE GRANTS OF GRANT. XXI PAGE 103. Contract between James Grant of Freuchie and Ewen Cameron of Lochiel, whereby, notwithstanding that the latter and his complices had committed enormities and misrules on the said James's lands of Urquhart, for which certain of the said Ewen's lands had been comprised by process of law, yet for love and favour James Grant agreed to let the profits of these lands remain with Ewen during his good behaviour and kindness to him, and became bound not to sell the said lands but by the advice of John McKenneth of Kintail and others ; and Ewen Cameron became bound to take part with James Grant against all persons, the Queen and the Earl of Huntly excepted, etc. Conwent [Convinth], 10th October 1548, 102 104. Bond of Maintenance by James Grant of Freuchie to his cousin, John Grant of Balna dalloch, whereby the said James became bound to maintain and defend the said John, who had become man and servant to him for his lifetime, in terms of a band of manrent to be granted by the latter, in all his lawful actions, etc., as a kinsman ought to do. Freuchie, 1st May 1551, 103 105. Contract between James the Grant of Freuchie, on the one part, and Finlay Paterson, son and heir of William Paterson, burgess of Inverness, Janet Kar his mother, tutrix to the said Finlay, and Farquhar McConquhy of Dunmaglas her spouse, on the other part, by which the said Janet Kar, tutrix aforesaid, with consent of her spouse, agreed that the lands of Dollagrammych, in debate between the said James and Finlay, should be held and possessed by the said James Grant and his heirs ; the said James and his heirs being bound to infeft the said Finlay in the lands of Mydbowne Leneth [Middle Bunloit], in the lordship of Urquhart and shire of Inver ness, etc. Inverness, 22d June 1551, 104 106. Bemission by James Earl of Arran, Governor of Scotland, to James Dunbar of Tarvett, Robert Dunbar of Durris, and Alexander Urquhart of Burrisyairdis, for intercom muning with Norman Leslie, on account of which they had been put in ward in the castles of Dumbarton and Edinburgh. Edinburgh, 12th February 1551, 105 107. Remission by Mary Queen of Scots, with consent of James Duke of Chatellarault, Protector and Governor of Scotland, to John Grant of Mulben, for treasonable coming in the company of Matthew sometime Earl of Lennox, with banner displayed, against the said Governor, upon Glasgow Moor, in the month of May 1544, 106 108. Contract between James Grant of Fruquhie and Janet Grant his daughter, on the one part, and Alexander Sutherland of Duffus, on the other part, for the marriage of the said Alexander and Janet, whereby the said Alexander became bound to give to the said Janet, and to the heirs of the said marriage, whom failing, to the said Alexander's heirs whomsoever, in conjunct-fee, 200 merks worth of land in the barony of Duffus, etc. ; and the said James Grant became bound to relieve the said Alexander and his heirs of the single or double avail of his marriage at the hands of Elizabeth, daughter to Sir John Campbell of Calder, assignee thereto, and to pay to the said Alexander 300 merks for the redemption of the lands of Duffus, which were to be settled on Janet Grant. Strathy lay e, 26th January 1552, 106 xxii ABSTRACT OF CHARTERS OF [1553- page 109. Inventory of the goods belonging to James Grant of Freuchie, made by himself at his place of Ballacastell, together with his last will and testament. The testament directs his body to be buried in the parish church of Duthill, and appoints John Grant, his apparent heir, sole executor and intromittor with his goods and gear. 1st June 1553, 108 110. Confirmed Inventory and Testament of James Grant of Freuchie, made by himself at his castle of Freuchie, 22d August 1553, and confirmed by Patrick Bishop of Moray, at Scone, 6th August 1554, 110 111. Retour of John Grant of Mulben as heir of James Grant of Freuchie his father, in the lands of Glencharny and Balnadalloch, with their mills and pertinents, in the lordship of Glencharny and shire of Elgin and Forres, which were held in feu-farm of the Crown, and had been in the Queen's hands since the death of James Grant, which occurred on 26th August preceding. Burgh of Elgin, 6th October 1553, ... 112 112. Contract between John Grant of Freuchie, son, heir, and executor of the deceased James Grant of Freuchie, and Christian Barclay, relict of the said James, whereby the said John agrees to give to the said Christian, in payment of her terce, all the oats, beir, sixteen oxen, and the insight goods of Knokendoch, intromitted with by her the year before ; and she, on her part, agrees to endeavour to recover the debts due to his father, as stated in his testament, etc. 30th October 1554, 113 113. Letters of Bailiery by Robert Bishop of Orkney, usufructuary of the abbey of Kinloss, Walter Abbot of Kinloss, and the convent thereof, appointing John the Grant of Freuchie their principal bailie of Kinloss, with power to make Alexander Cuming of Altyre his bailie- depute. Kinloss, 30th October 1554, 114 114. Commission of Justiciary by Mary Queen of Scots, appointing John Grant of Freuchie her justiciar within the bounds and lands of Strathspey (excepting the lands occupied by John Grant of Ballindalloch and his father), the lands of Urquhart and Glenmoris ton, and such of the lands of Strathdoun as pertain to the said John. The preamble states that the Commission was granted for the repression of homicides, murders, thefts, sornings, and rapines, which had been committed in these districts. Edinburgh, 8th June 1555, 116 115. Commission by Mary Queen of Scots, under the Quarter Seal, narrating that George Earl of Huntly, Sheriff-principal of Inverness, had refused to execute brieves of Chancery obtained by John Grant of Freuchie, to be served heir to his father James Grant of Freuchie, in the lands of Tullochgarne, Thure, Clurene, Tulloch, and half lands of Dalfour, for which reason her Majesty appointed Alexander Sym, Alexander Skene, and others, to act as her Sheriffs of Inverness in that part, and to serve the said brieves in the Tolbooth of Edinburgh. Edinburgh, 4th December 1505, 117 116. Bond betwixt John Grant of Freuchie, for himself, and as son and heir of the late James Grant of Freuchie, on the one part, and Alexander Grant, brother of John Grant 1560.] THE GRANTS OF GRANT. PAGE of Ballindalloch, on the other part, by which they became bound to fulfil the decreet- arbitral to be pronounced by Arthur Forbes of Balfour, William Ogilvy, and others, with Walter Leslie of Kynonowe as oversman, arbitrators anent the action and cause . contained in the Royal letters directed to the Sheriff of Inverness, touching the said Alexander Grant's ejection from the lands of Mekill Cardell, Little Cardell, and half town of Pitcroy, in the shire of Elgin and Forres, claimed by him in heritage, and the spoliation and withholding from him of the profits thereof by the late James Grant and by John Grant his son and heir. Elgin, 2 1 st August 1556, 119 117. Presentation by Mary Queen of Scots in favour of Sir John Donaldson, chaplain to the chaplainry of St. Ninian, with the 40s. land of Petkarell, and a croft belonging to the said chaplainry, together with the croft and relics of St. Drostan, in the parish of Urquhart and diocese of Moray ; to which chaplainry Sir John had previously been presented by King James v. on the death of Sir Duncan Mc01rig, and had received collation thereon from the Bishop of Moray ; but the letters of collation and pro vision had been violently taken from him by certain evildoers in his neighbourhood. Elgin, 26th August 1556, 121 118. Letters of Collation by Patrick Bishop of Moray and perpetual commendator of the abbey of Scone, in favour of the said Sir John Donaldson, to the said chaplainry. The collation was given by the vicar of Kilmalie, by delivering to the said Sir John the horns of the high altar and ornaments thereof, the keys and bell ropes of the said church. 2d September 1556, 122 119. Bond of Relief by Y. Makye of Far, by which he binds himself, his heirs, executors, and assignees, to relieve John Grant of Freuchie, his heirs, executors, and assignees, of the sum of 1000 merks, for which the said John Grant became the granter's surety to the Queen. Edinburgh, 25th July 1557, 124 120. Contract between John Grant of Freuchie and Alexander Ross of the Holm, for the marriage of David Ross, eldest son and apparent heir of the said Alexander, and Nans [Agnes] Grant, sister to the said John Grant, whereby the said Alexander Ross binds himself to infeft the said Nans and David, and the heirs of their bodies, in the lands of Duldawych, with the mill, croft, and pertinents thereof ; whom failing, the said Alexander's heirs whomsoever ; and the said John Grant of Freuchie, on his part, agrees to pay to the said Alexander Ross of the Holm 300 merks of tochergood, etc.' Freuchie, 24th August 1558, 125 121. Precept of Clare Constat by Patrick Bishop of Moray, for infefting John Grant of Freuchie, as heir-male of his brother, William Grant of Overfmlarg, in the lands of Overfinlarg, Mukroth or Midfinlarg, and Nethirfinlarg, in the barony of Strathspey, regality of Spynie, and shire of Elgin and Forres, which were held of the bishop in feu-farm. Abbey of Scone, 22d December 1560, 126 122. Notarial Instrument, narrating that John Grant of Freuchie, accompanied by a pursui vant, compeared at the castle gate of Drummyn, having charge from Mary Queen of Scots xxiv ABSTRACT OF CHARTERS OF [1562- page to cause the captains, keepers, and withholders of the said castle deliver the same to John Grant within six hours, and that, on delivering the charge, no answer was returned ; whereupon the said John Grant, with his servants, entered the castle by means of ladders, to hold it for the Queen. 3d December 1562, 127 123. Act by Lord James Stewart, Earl of Murray, and his Council, anent a complaint by Donald McYnnes Moir against William Fraser of Struie, for stopping of the passage of Loch Ness, the latter alleging, in defence, that the woods, of which he had charge, belonging to Lord Lovat and the Laird of Grant, were cut, peeled, and destroyed by the travellers on the loch. The Act ordains that the passage of Loch Ness shall be free in time coming, and invests the provost and bailies of Inverness with special powers of "serciarie," and of arresting all green timber and bark brought into the town of Inverness for sale, until the bringer produces a certificate from the baron from whom it was bought, etc. Inverness, 17th October 1563, 128 124. Acquittance by John Earl of Athole, Lord of Balveny, to John Grant of Freuchie, for the sum of 40s., being the maills and duties of the lands of Clawailge for the Whit sunday term of the year 1564. Balwany, 28th August 1564, 129 125. Acquittance by Sir John Wischart of Pettaro, knight, her Majesty's comptroller, to John Grant of Freuchie, for £170 Scots, being the feu-maills of the lands of Urqu hart, Glenchairny, and Glenmoreschen, for two terms preceding. Edinburgh, 20th September 1564, 129 126. Bond of Relief by Donald Dow McConeill M°Ewin of Lochtend (Lochiel), captain of Clan Cameron, by which he binds himself to relieve and keep skaithless John Grant of Freuchie, who had become cautioner to the Queen for the granter's compearance before Her Majesty and her Council to answer to such things as should be laid to his charge, upon thirty days' warning, under the penalty of 2000 merks, etc. Edinburgh, 20th November 1564, 130 127. Precept by William Leslie of Balquhen, directing his bailies in that part to infeft John Leslie his son and heir, and Isobel Grant his future spouse, in conjunct-fee, and their heirs-male, in his lands of Auchlyne, Talzeauch, Blairdynnie or the Hauch of Bogy, in the shire of Clat, regality of Garioch, and shire of Aberdeen. Ballachastell, 1 6th February 1564, 131 128. Discharge by Queen Mary, relieving John Grant of Freuchie from his obligation to pre sent Donald Dow M°Ewin of Lochiel, captain of Clan Cameron, before Her Highness and the Lords of the Secret Council, upon thirty days' warning. Dunkeld, 9th June 1565, 132 129. Letters by King James the Sixth, under the Signet, issued inconsequence of a petition presented by John Grant of Freuchie, setting forth that he had been credibly informed that certain wicked persons of the Clan Rannald and Clan Cameron intended shortly to make incursions upon his lands of Urquhart and Glenmoriston, for which reasons His Majesty charges the neighbouring chiefs, Lauchlan Mackintosh of Dunnachtane, and 1569.] THE GRANTS OF GRANT. XXV page Kenzeoch M°Kenzie of Kintaill, and all ethers of the Clanchattan and Clankenzie, to defend the said lands against all such incursions, on pain of being held art and part in them. Edinburgh, 1st March 1567, 132 1 30. Contract between John Grant of Freuchie, for himself and in name of his daughter, Barbara Grant, on the one part, and Robert Munro of Foulis, for himself, and Robert Munro his son and apparent heir, on the other part, for the marriage of the said Robert Munro, younger, and the said Barbara ; with various provisions for infefting the said Barbara and heirs of the marriage, etc., in the lands of Fyndon, in the lordship of Ardmanoch and shire of Inverness, etc., while John Grant is to pay 1750 merks of dowry. Forres, 16th November 1568, 133 131. Obligation by Patrick Grant of Balnadalloch, to give to John Grant of Freuchie, and to his heirs, superiors of the said lands, a bond of manrent, on receiving a bond of main tenance, as soon as the said Patrick and his heirs, respectively, should be entered to the lands of Balnadalloch, etc. Ballachastell, 23d February 1568, 135 132. Letters of Submission by John Grant of Freuchie to James Earl of Murray, Regent of Scotland, acknowledging James the Sixth, King of Scots, as his lawful sovereign ; promising that he and the friends of his surname would behave themselves as faith ful and obedient subjects to the King, his regent and authority, etc. ; and craving pardon for all crimes committed by them from 11th June 1567 to the date of the submission. Aberdeen, 7th June 1569, 136 133. Precept by King James the Sixth, ordaining a remission to be made under the Great Seal to John Grant of Freuchie, Patrick Grant of Ballindalloch, Patrick Grant of Dalvey, and James Grant of Kinkirdie, for their treasonable taking of arms and coming to the field with displayed banners, in company with George Earl of Huntly, against the King and his authority, at the Hauch of Mekillour, burghs of Inverness and Aberdeen, and lands of Fetteresso, in August, December, and March previous, etc. Aberdeen, 3d July 1569,.... 137 134. Letters subscribed in the name of King James Sixth by the Lords Commissioners, remitting to John Grant of Freuchie, Patrick Grant of Culcabaik, John Grant in Tullochgorm, and many others of the surname of Grant, their treasonable taking of arms and coming to the fields with displayed banners, in company with George Earl of Huntly, against the King and his authority, at the Hauch of Mekillour, etc., including all transgressions committed from the 11th of June to the date hereof, idolatry, witchcraft, etc., excepted. Aberdeen, 9th July 1569. The composition is gratis, by command of the Regent, 137 135. Commission by King James the Sixth, appointing John Grant of Freuchie and Duncan Grant his son, Justiciars for the trial of George MrYntagart, John Glass McLauchlan Roy or Lawrioch, and Donald McGillepatrik McThomas or Testemen, who, in October and February before, had raised fire and committed oppressions on the lieges in Rothiemurchus and Glencharnich, in the shire of Inverness, and had been appre- d XXVI ABSTRACT OF CHARTERS OF [1569- page hended by the said John Grant of Freuchie and his son. St. Andrews, 16th August 1569, ,. 138 To the above Commission is subjoined a notarial instrument on the presentation thereof in the Burgh Court of Elgin by the said Duncan Grant, and the administra tion to him of the oath defideli, etc., on 2d September 1569. 136. Discharge by William Douglas of Lochleven for the sum of £172, received from John Leslie of the Newtoun, on behalf of the Laird of Grant, which the latter was assigned to have paid when the Queen was in Lochleven. Lochleven, August 1569, 140 137. Commission of Justiciary by King James the Sixth, appointing Alexander Dunbar of Cumnok, knight, Sheriff of Elgin and Forres, Robert Dunbar of Durris, and James Dempstar of Auchterless, Sheriff-depute of Banff, justices for trying Alexander M° Allan, Angus Dow Makgregor alias Busdow, Duncan McConan, John McConnoquhy McVrahatar, for fire-raising, theft, etc. Edinburgh, 10th September 1569, 140 138. Contract between Donald McCallam McEwin in Mammoir in Lochaber, on the one part, and John McCallam M°Ane there, Alexander his brother, Martin McConoche Ekmartein there, John Dow McAne Ekane there, and John McNeill Ekane Ekcorilla, on the other part, whereby the latter parties undertake to maintain and assist the said Donald in all his affairs, quarrels, and actions ; and the said Donald in like manner agrees to maintain and defend them until they have a lawful chief or tutor who should have the " steir " and government of the country of Lochaber, whom both parties agreed to obey. Daochmolowak in Strathpeffer, 4th April 1570, 140 139. Bond by Colin M°Kenzie, son and apparent heir of the deceased Kenneth McKenzie of Kintail, to John Grant of Freuchie, to assist and maintain him, his heirs, kin, friends, and heritage against the Clanrannald, and against all mortals except the royal authority and the Lord of Athole. Elgin, 27th July 1570, 142 140. Contract between John Grant of Freuchie and Angus McAlester, son and heir of the deceased Alexander McKeane of Glengarrie, by which the said Angus, taking the burden upon him for Donald M°Angus McAlester his son and apparent heir, binds himself to cause the said Donald complete the bond of matrimony, in face of holy kirk, with Helen Grant, daughter of the said John Grant of Freuchie, previous to midsummer next thereafter, and to infeft the said Donald and Helen in conjunct-fee in certain lands in Lochcalich [Lochalsh] and Lochcarron, with conditions of manrent, etc. Elgin, 17th November 1571, _ 143 141. Ratification by John Grant of Freuchie and Colin M°Kenzie of Kintail, of a contract made at Elgin, together with an "eik" made in Forres before Sir Alexander Dunbar of Cumnock, knight, and others, bearing that in case the said Colin should repudiate Barbara, daughter of the said John Grant of Freuchie, the said John should have ingress and regress to the half lands of Lochbroom, etc. ; and the said John and Colin agree to make a mutual band of friendship against Lauchlan McIntosh of Dunnachtan and all others, except the King and the Earl of Ross on the part of the said Colin 1582.] THE GRANTS OF GRANT. xxvii PAGE and the [royal] authority and the Earl of Huntly on the part of the said John Grant. Forres, 18th April 1572, 149 142. Agreement between John Grant of Freuchie and Colin McKenzie of Kintail, relative to the bygone profits of the half lands of Lochbroine, whereby they covenant that if they should be able to cause Angus McAllester of Glengarrie to accept infeftment of the lands of Achdrome of the said Colin, and to pay for each merk land of the same as the said Colin pays to the said John for each merk land of the lands of Lochbroine, in that case the said John Grant should discharge the said Colin of all bygone profits of the said half lands of Lochbroin, etc. Ballachastell, 26th April 1572, 150 143. Bond of Manrent between John Grant of Freuchie and Colin McKenzie of Kintail, for themselves and their heirs, whereby they agree to entertain mutual friendship and amity, and to take part with each other, and to defend their countries, lands, and possessions ; and in special, the said Colin to take part with the said John Grant against Lachlan McIntosh of Dunnachtan, if he should invade the said John Grant's lands ; and if the said Colin's lands were invaded by Hew Fraser of Lovat, the said John Grant in like manner became bound to assist the said Colin. Ballachastell, 26th April 1572, 151 144. Letters of Concurrence by Walter Abbot of Kinloss, superior of the lands of Hauchs, in the parish of Keith and shire of Banff, by which he consents to the comprising of the said lands from Bessie Gordon, relict of the deceased Thomas Bail.lie of Ardneidlie, to Thomas Meldrum of Aden, for the sum of £788 due by the said Bessie to him, in terms of a decreet of the Sheriff of Banff, and deliverance of the Lords of Session thereon. 19th February 1573, 152 145. Letters by King James the Sixth, under the signet, upon a complaint by John Grant of Freuchie, owner of the lands and barony of Urquhart, with the woods and forests thereof, called the Forest of Clunie, in the shire of Inverness, charging the tenants, occupiers, and inhabitants of the barony of Urquhart and neighbourhood, at their parish kirks or the market cross of Inverness, not to cut down, destroy, nor take away the green wood and growing trees of the said woods and forests, nor break down the dykes thereof, etc. Edinburgh, 13th March 1573, 153 146. Commission of Justiciary by King James the Sixth, under the signet, to Robert Earl of Buchan, Sheriff of Banff, to try William Baillie in the Hauchis for being art and part in the slaughter of James Birny, and for other crimes. Holyroodhouse, 4th June 1575, 154 147. Account of the Moveable Goods pertaining to Duncan Grant, apparent of Freuchie, extracted out of his account book, at Beltane, after his death, which happened in the year 1582, 155 148. Precept of Sasine by King James the Sixth, directed to the Sheriff and his Bailies of Inverness, for infefting John Grant, soil of Duncan Grant, apparent of Freuchie, in the £4 lands of Corremonie, £4 lands of Morill, £8 lands of the Four Mekleis, 40s. XXVlii ABSTRACT OF CHARTERS OF [1582- page lands of Lochlettir, 40s. lands of Achintomrak, 40s. lands of Dowcathie, and half of the lands of Mekle Cloune, extending in all to a £27 land, lying in the lordship of Urquhart, and all united into the barony of Corriemonie, and held of the King in chief. Edinburgh, 27th February 1582, 156 149. Obligation by James Grant of Wester Elachie, Patrick Grant of Balnadallach, and the chief men of the clan, convened at the kirk of Cromdale to consider a letter, dated at Ballachastell, 21st March 1584, addressed to them by John Grant of Freuchie, and delivered by his son and grandson, in answer to which they bound themselves to maintain and defend their chief, his son and grandson, against the incursions of his neighbours, both with their property and persons. Cromdale, 21st March 1584, ... 157 The Laird of Freuchie's letter is subjoined to the above obligation. 150. Agreement between John Grant of Freuchie, oy and heir of the deceased John Grant of Freuchie, with consent of his curators, on the one part, and Lauchlan McIntosh of Dunnachtan, on the other part, whereby, in consideration of the said Lauchlan paying 20,000 merks and ratifying a decreet-arbitral, dated 8th April 1583, decerning the lands and barony of Rothiemurchus to belong to the deceased John Grant of Freuchie, and a decreet by Sir George Ogilvie of Dunlugus, as oversman, decerning the said Lauchlan to desist from troubling the said John in the peaceable possession of the said barony ; and further, on Lauchlan's renouncing all right or title he might claim to the same in favour of John Grant, now of Freuchie, and promising to assist him in defence of his lands, and in preserving the lands of Urquhart and Glenmoriston against the Clan Cameron and Clan Ranald, etc., the said John Grant of Freuchie, with consent of his curators, engages to infeft the said Lauchlan in the lands of Farnnaebeg, Fynnarman, and Auchnacroy, the castle of Strome, with the office of constabulary thereof, etc., extending to 22 merks of land, and to defend Lauchlan's lands of Lochaber and others, etc. Inverness, 1 4th June 1586, 158 151. Bond by George Earl of Huntly, Lord Gordon and Badenoch, Lieutenant-general of the North of Scotland, by which he takes into his special retinue, maintenance, and friendship, John Grant of Freuchie, and his kin and friends, engaging to defend and assist them in all their lawful causes, against all persons, except the King and his successors. Elgin, 31st July 1586, 165 152. Bond by John Grant, apparent of Carron, to John Grant of Freuchie his chief, by which the former, in consideration of the said John Grant of Freuchie consenting to his peaceably entering to the town and lands of Colquhoch, in the lordship of Stradowin and shire of Banff, binds himself, in case he or his heirs should dispone the said lands without the express consent of the said John Grant his chief, to give to his said chief a nineteen years' tack of the town and lands of Ballatrowane, in the lordship of Stradowin and shire of Banff, for payment of 1 0 merks yearly ; also to serve and honour the said John Grant as his chief, the latter maintaining and assisting him as an honourable chief should do to his kinsman. Ballachastell, 18th November 1587, 165 1590.] THE GRANTS OF GRANT. xxix 153. Commission of Justiciary to George Earl of Huntly, Lord Gordon and Badenoch, Lauchlan M°Intoische of Dunnachtane, John Grant of Frequhy, Patrick Gordon of Auchindoun and Thomas Gordon of Cluny, to try Allan McConil Dow, Captain of Clan Cameron in Lochaber, John Ewen Makconil McEwyn, Allan Makanedewe McEwin, and many others, for convoking the lieges contrary to the Acts of Parlia ment, and especially for committing sorning, depredations, fire-raising, theft, murder, etc., in the months of June, July, August, September and October 1584, and ever since, in Lochaber and Glengarrie, for which they were put to the horn on the 24th November 1584. Commanding the lieges of Inverness, Cromartie, Moray, Nairn, Banff, and Aberdeen to come armed, with provisions for twenty days, to assist in capturing the said malefactors, and prohibiting the Earl of Argyll and Lachlan McClane of Dowart from receiving them on their lands. Holyroodhouse, 27th March 1588, 166 154. Contract between John Grant of Freuchie, with consent of his curators, and Christian Grant, relict of the deceased Duncan Grant in Wester Camedall, and Findlay Far quharson of Auchareachan her spouse, by which the latter grant themselves to be orderly removed from the town and lands of Wester Camedall, in the lordship of Stradown and shire of Banff, which were to be thereafter occupied and disponed by the said John Grant of Freuchie and his subtenants ; and the said John Grant, on his part, becomes bound to assist them in getting all goods and evidents belonging to the said Christian, whereby she might have right to any lands in wadset, heritage, or terce through the decease of the said Duncan Grant, etc. September 1588, 169 155. Bond of Manrent between John Grant of Freuchie and Allan Cameron of Lochiel, by which the former becomes bound to assist the latter against Alister McConald of Gar- rowgauche and the inhabitants of Glencoe in all their lawful affairs ; and Locheil, on his part, becomes bound to assist the said John Grant against all men, the King and the Earl of Huntly excepted. Ballachastell, 30th June 1589, 170 156. Bond of Friendship between John Grant of Freuchie and Lachlan M°Intosh of Dun- nachtan, and Angus McIntosh his son and apparent heir, by which they bind themselves mutually to assist and maintain each other against the invasion of any Earl within Scotland ; the said John Grant binding himself, in case of failure, to infeft the said Lachlan in the lands of Balnadarne, Gramynche, and Alwe Lochane, and the said Lachlan binding himself to infeft the said John Grant in the lands of Dolnavert, Kynrarenathelye and Lytill Dunnauchtane, in case of failure on his part. Forres, 12th November 1590, 171 157. Decreet by the Lords of Council, exempting John Earl of Athole, James Earl of Murray, Simon Lord Fraser of Lovat, Lachlan McIntosh of Dunnachtan, John Grant of Freuchie, and others therein mentioned, from the commission of justiciary or lieutenantry granted to George Earl of Huntly, on the ground of the feud subsisting between them and the latter, and of the wrongs done to them by him, etc. Edin burgh, 20th January 1590, 176 xx* ABSTRACT OF CHARTERS OF [1590- page 158. Bond by John Grant of Freuchie as principal, and James Earl of Murray as his surety, to keep good rule and quietness in the country, under the penalty of £10,000 to the King, etc. Holyroodhouse, 9th February 1590, 179 159. Bond by Sir Patrick Gordon of Auchindoun, Sir Thomas Gordon of Cluny, Sir John Gordon of Pitlurg, and John Gordon of Glenbucket, by which, taking burden upon them for George Earl of Huntly and the rest of their kin of the name of Gordon, they become bound that John Grant of Freuchie and Lachlan McIntosh of Dunnach- tan, with their kin and friends, should be accepted and received into the special favour of the said Earl, and be treated by him as well as they were before the late debates began, etc. Kynmynnatye, 22d October 1591, 180 160. Commission by King James the Sixth, appointing Lord Fraser of Lovat, Lauchlan McIntosh of Dunnachtan, John Grant of Freuchy, Patrick Grant of Rathiemurchus, and John Grant of Glenmoriston, justices and commissioners, with power to search for, apprehend, try, and punish Ronnald McRonnald in Garragarth in Lochaber, Ronnald McRonnald his brother, John McEan Oig in Glenco, and many others who were suspected and guilty of oppression, murder, slaughter, sorning, theft, and other crimes, and had been put to the horn for the same. Halyruidhous, 6th July 1592, 181 161. Bond of Manrent between John Grant of Freuchie and John Dow McGregor, brother- german of Alaster McGregor of Glenstray, by which the latter agrees to concur with, assist, fortify, and serve the said John Grant, his heirs and successors, and take part with him in his actions and quarrels against all men, except the King and the Earl of Argyll ; and the said John Grant, on his part, agrees to maintain and defend the said John MacGregor, and take part with him in all his debates against all men, except the King and the Earl of Huntly, etc. Abernethy, 20th June 1592, 183 162. Discharge by King James the Sixth to John Grant of Freuchie, of the penalty and unlaw of five thousand marks incurred by him as one of the cautioners of George Earl of Huntly, for his keeping of good rule and quietness in the country, and obedi ence to the King after the Brig of Dee. The discharge is granted in satisfaction to John Murray of Tullybardin, comptroller, of 1000 marks due to him, as being " superexpendit " in his last accounts. May 1593, 184 163. Order by John Grant of Freuchie to Alexander Hay of Allanbowie, to pay £100 to James Law, messenger, in part payment of his taxation, etc. Ballachastell, 25th May 1594, 185 164. Bond by Patrick Grant of Rothiemurchus, Patrick Grant of Balnadalloch, John Grant of Glenmoriston, and several others, for whom John Grant of Freuchie was acted in the Books of Council as cautioner, for their keeping good order, whereby they became bound to him as their chief to observe and keep the King's Majesty's peace, and keep good rule in the country, under various penalties therein specified. Kirk of Cromdale, 17th March 1594, 185 1599.] THE GRANTS OF GRANT. XXXI PAGE 165. Bond by Sir Thomas Gordon of Cluny, knight, whereby, as surety for Angus and Thomas M°Alester Makinnes, brothers, and others, he bound himself that they should not trouble or molest the Laird of Grant's bounds, tenants, or servants, and that if they did so, he would deliver them up to the Laird, under the penalty of 500 marks. Aberdeen, 3d June 1596, 186 166. Letters of Charge by King James the Sixth to the Sheriffs of Aberdeen, Banff, Elgin, Forres, Nairn, Inverness, and Cromarty, and the provosts and bailies of the towns within the said shires, etc., to apprehend Donald Mc Angus M°AUaster of Glengarrie, who had been put to the horn for non-compearance before the King and Privy Council, to answer touching order to be taken with the disorderly persons of the clans in the Highlands, etc. Edinburgh, 8th July 1596, 187 167. Bond of Manrent between John Grant of Freuchie and Donald Mc Angus of Glengarrie, whereby the said Donald agrees to give his bond of service to the said John Grant and his successors, and take part with him against all men, except the King and the said Donald's chief, and even against his chief if he invaded the Laird of Grant, and to help to defend and protect the Laird of Freuchie's lands of Glenmoriston and Urquhart ; also to accompany the Laird of Grant in hosting or wars, and to help to stop plundering on his lands of Strathspey, etc., under the penalty of 3000 merks, loties qicoties after cognition of the failure by Sir John Murray of Tullibardine, etc. ; the Laird of Grant, on his part, binding himself to maintain the said Donald in all his lawful actions, and to warrant him against all skaith through keeping the said service ; and both parties agreeing to refer their claim to the lands of Kisserin and Strome, etc., to arbiters chosen by them, etc. Mullychart [Mtllochard], 28th April 1597,... 189 168. Tack by Dame Marie Ruthven, Countess of Athole, liferentrix and conjunct-fiar of the lordship of Balveny, with consent of John Earl of Athole her spouse, to John Grant of Freuchie, of the town and lands of Clavalge, during the lifetime of the Countess, and the lands of Kynnermonie for five years. Dunkeld, 3d September 1597, 192 169. Bond of Friendship by John Earl of Athole, Lord Balvany and Invermey, to John Grant of Freuchie, whereby, in consideration of the latter having renewed all bonds of friendship granted by him or his predecessors to the Earl or his predecessors, his Lordship binds himself to fortify and assist the said John Grant of Freuchie, and take part with him against all persons, except the King. Dunkeld, 3d September 1597, 193 170. Acquittance by Alexander Dunbar of Cumnok to John Grant of Freuchie, for £142, in payment of the double of the feu-duty for entry to the lands of Glencarny and Balna dallach. Elgin, 12th September 1599, 194 171. Submission by Simon Lord Fraser of Lovat and John Grant of Freuchie, of all actions, quarrels, questions, and debates between them, to the arbitration of Thomas Fraser of Strichen, Patrick Grant of Rothiemurchus, and others, who were to convene at Inver- xxxii ABSTRACT OF CHARTERS OF [1599- page ness, on the 18th of November thereafter, and to decern therein, etc. Inverness, 13th September 1599, 195 172. Contract between John Grant of Freuchie and Donald Mc Angus of Glengarrie, whereby, in consideration of the said John Grant having sold and disponed, by another con tract of the same date, to the said Donald, the Castle of Strome, the 13 merk land of Kysryne, in the earldom of Ross, the lands of Achenadariche and Lunde, and various others in the lordships of Lochalsh and Lochcarron, the said Donald agreed to assist and serve the said John and the house of Grant against all men, except the authority ; and the said John Grant agreed to maintain the said Donald as a superior ought to do to his vassal. Elgin, 19th April 1600, 196 173. Discharge by John Lord Forbes to John Grant of Freuchie, for continuance of the old friendship, amity, and goodwill between their houses, of all spuilzies and wrongs committed in times bygone by servants of the Lairds of Grant and inhabitants of their lands on the tenants of Lord Forbes. Druminnour, 1 1 th June 1601, 197 174. Commission of Justiciary by King James the Sixth, appointing John Grant of Freuchie, Patrick Grant of Rothiemurchus, Patrick Grant of Baldarroch, Mr. James Grant of Ardnelie, and Mr. Patrick Grant, minister, justices for trying persons suspected of witchcraft, sorcery, enchantments, and other crimes, on the lands pertaining to John Grant of Freuchie. Perth, 28th June 1602, 198 175. Bond of Friendship between John Grant of Freuchie, for himself, his kin and friends, on the one part, and Alexander Dunbar of Westfield, Sheriff of Moray, and other gentlemen of the name of Dunbar, for the preservation of amity and goodwill between the said parties, whereby they agree to take one another's part against all persons, except the King, the Marquis of Huntly, and certain others therein named. Forres, 18th September 1602, 199 176. Bond of Manrent between John Grant of Freuchie and Kenneth Mackenzie of Kintail, for themselves and all for whom they were answerable by the laws of Scotland, acts of Parliament, and general band, whereby they became bound to assist and take part with each other against all men, except the King and the authority, and to submit all questions between them to the arbitration of Patrick Grant of Rothiemurchus and other arbiters. Inverness, 1st May 1606, 201 177. Mutual Bond of Assistance and Defence between Allan Cameron of Lochzeill, on the one part, and Renalt McAllan of Lundie and Allan McRenalt VicAllan his son and apparent heir, on the other part, by which the latter bind themselves to assist and take part with the said Allan, by the advice and consent of John Grant of Freuchie, against all men, except the authority and the Lairds of Glengarrie, etc. ; and the said Allan, on his part, becomes bound to maintain and assist them against all men, except the Marquis of Huntly and his successors, in the same way as he did to his kin and friends of the Clan Cameron. Ballemakain in Urquhart, 23d July 1606, 203 1611.] THE GRANTS OF GRANT. xxxiii PAGE 178. Discharge by Donald MakAngus of Glengarrie to John Grant of Freuchie, for the sum of 242 merks, as part payment of a greater sum due to him by the said John. Culnakyill, 14th September 1606, 204 179. Bond of Manrent by John Leslie of Kinnonowie, by which he became bound to serve, honour, and assist John Grant of Freuchie against all mortals except the authority. Kinermoney, 6th May 1607, 204 180. Submission for a Decreet-Arbitral, to be pronounced by Patrick Grant of Rothiemurchus and Patrick Grant of Balnadalloch, as judges-arbitrators chosen by Patrick Grant of Tullochgorm, taking the burden upon him for John Grant in Auchloney, Duncan Grant his brother, and Robert Grant in Delnabo their brother, on the one part, and Lauchlan Grant of Wester Elchies and William Drumbrek of Urtane, as judges-arbiters chosen by Patrick Grant of Carne, taking the burden upon him for John Reoch Makgowin in Auchleythnye, Alexander, Ferquhar, and John McJonreochs, sons to the said John Reoch, on the other part ; and in case of variance between them, Johu Grant of Freuchie to be oddman and oversman, to cognosce and decide anent the alleged wrongs committed by the said John, Duncan, and Robert Grant to the said John Reoch Makgowin and his sons, and by the latter to the foresaid Grants, and especially anent a " pley " that happened between them at the kirk of Strathowin, etc. Kirk of Cromdale, 11th October 1608, 205 181. Decreet-Arbitral, pronounced by John Grant of Freuchie, oddman and oversman chosen by Patrick Grant of Tullochgorm for the above-named Grants, and by Patrick Grant of Carne for the said John Reoch Makgowin and his sons, decerning that the said John Reoch and his sons wronged the said John Grant in Auchloney and his brothers, by hurting and drawing blood of the said John, and ordaining them and Patrick Grant of Carne, their cautioner, to pay to the said John Grant in Auchloney, on 10th December next following, the sum of £80 Scots, within the parish kirk of Cromdale, etc., and in return, Patrick Grant of Tullochgorm, and John Grant in Auchloney and his brothers, are decerned to discharge all malice and rancour of heart for the said wrong, etc. Ballachastell, 28th October 1608, 207 182. Bond of Manrent by Patrick Grant of Carne, by which he became bound to serve and take part with John Grant of Freuchie, his chief, and his heirs, and to be leal and true kinsman to him, for the kindness shown to him by his said chief, and for a tack of the teindsheaves and vicarage teinds of his lands of Mekill Inuerchebett and Culquoich, during his lifetime ; the tack to be null on failure of service. Freuquhye, 8th September 1611, 209 183. Contract between Patrick Grant of Balnadalloch and Patrick Grant of Carron, whereby, annulling a previous contract of friendship made between the house of Balnadalloch and house of Carron, dated at Balnadalloch, 24th March 1585, they bind themselves and their kin and friends to live amicably and friendly in time coming, and appoint John Grant of Freuchie judge, during his lifetime, to decide in case of the violation of the present contract by either party ; the breaker to pay to the other party e xxxiv ABSTRACT OF CHARTERS OF [1613- page £2000 Scots ; this contract, however, was not to prejudice a former contract, made at the Boat of Phonas, 4th February 1608, relative to the marches of their lands, etc. Elgin, 8th January 1613, 210 184. Commission by David Lord of Scone and James Campbell of Lawers, in the absence from Scotland of Archibald Earl of Argyle, his Majesty's lieutenant against the Clan- gregor, empowering the Laird of Grant and ten persons to be chosen by him, to inter- commune with the Clangregor till the 20th of June next thereafter. Perth, 17th April I 613, 213 185. Precept by King James the Sixth, ordaining a letter to be passed under the Privy Seal, in which, for the good service done by John Grant of Freuchie in the, public affairs of Scotland, and especially in helping to suppress the clan of MacGregor, and for apprehending Allaster McAllester M°Gregor, his Majesty remits to the said John Grant, Patrick Grant of Balnadalloch, and to all of the surname of Grant, the whole of the penalties and fines incurred by them for non-appearance before the Lords of Secret Council, or for reset or intercommuning with the Clangregor, etc. 1613,... 214 186. Remission by King James the Sixth, under the Great Seal, to John Roy McGregour, son of Duncan McEane Thomas McGregour, for the apprehension of Alexander McAllester McGregour, and for other crimes preceding the date of the remission. Roystouu, 1 5th January 1614, 215 187. Commission by Alexander Forbes, servitor to the Duke of Lennox, commissioner appointed by his Majesty and Lords of Secret Council to try the resetters, helpers, and suppliers of the vagabond people called Egyptians, appointing John Grant of Freuchie, and Sir John Grant of Mulben his son, his commissioners-depute, empowering them to try, and on conviction to punish, all such resetters and suppliers of the said gipsies within the bounds pertaining to them ; the said Alexander engag ing to obtain the ratification of John Earl of Mar, Lord High Treasurer of Scotland, to the above commission, etc. Lethin, 2Gth May 1620, 216 ¦188. Heads and Conditions of an Agreement made between John Grant of Freuchie and John Grant of Rothiemurchus, to the effect that as the latter was, by a contract of marriage made between him and the deceased Mr. Thomas Dunbar, Dean of Moray, for himself, and for Margaret Dunbar his daughter, bound to infeft the said Margaret his spouse in the lands and barony of Rothiemurchus, and lands of Over Finlarg, etc., John Grant of Freuchie, as superior, in order to facilitate the fulfilment of that obligation, agreed to enter the said John in the said lands of Rothiemurchus, etc., and to confirm the infeftments made to the said Margaret, with various other condi tions therein specified ; and the said John Grant of Rothiemurchus, on his part, agrees to pay the said John Grant of Freuchie the sum of 2000 merks Scots, before Whitsunday next thereafter, etc. Lethin, 1 3th April 1621, 218 189. Licence by the Lords of Privy Council to Sir John Grant of Freuchie, William Suther land of Duffus, Sir Mungo Murray of Drumcairn, Patrick Grant of Balnadallach, and 1630.] THE GRANTS OF GRANT. xxxv PAGE others, to confer and intercommune with Allan McEanduy of Lochaber, with a view to reduce him to his Majesty's obedience, and to induce him to give satisfaction to the Laird of McIntosh in such matters as he was interested in, until the 1st of May next thereafter, a commission having been granted by his Majesty to Sir John Grant of Freuchie and others for pursuit of the said Allan McEanduy. Edinburgh, 17 th December 1622, 220 190. Memorandum of the births and ages of children and grand-children of Dame Lilias Murray, Lady Grant of Grant, and of the deaths of the Lairds of M°Intosh and Grant. 1622, 221 191. Retour of Sir John Grant of Mulben, knight, as heir of his father, John Grant of Freuchie, in the lands and barony of Lethin, comprehending the mains of Lethin and tower thereof, lands of Ar, Lethinbar, Mylnetoune, etc., pasture on the moors and marshes of Braidschaw, salmon-fishing on all the water of Findhorn, in the Dowpuill, Cowpuill, Polgragane, etc., in the shire of Nairn, all united into the barony of Lethin, and held in chief of the King, in fee, heritage, and free barony and forest, and which had been in the hands of Lady Lilias Murray, relict of John Grant of Freuchie, as conjunct-fiar thereof, since the death of the said John, which occurred on 20th September 1622. Tolbooth of the Burgh of Nairn, 19th February 1623, 221 192. Obligation by Allan Cameron of Lochiel, that Sir John Grant of Freuchie, his bairns, men, and servants, and all whom he should bring to the meeting between him and the said Allan, should be harmless and skaithless of him, his kin and friends, and should not be invaded or troubled in their bodies, lands, and possessions, by him or his foresaids, till the 18th of July next thereafter. Tarbert in Sunart, 13th June 1623, 223 193. Bond of Manrent by Allan MacRonnald of Lundye, whereby, on the narrative that Sir John Grant of Freuchie, knight, and his predecessors, had been the placers and main tainors of him and his predecessors in their lands and possessions, and that he was desirous that the same defence and maintenance should be continued to him and his successors, he became bound, for himself and his posterity, to Sir John Grant and his heirs, Lairds of Grant, to be leal and true to him, to keep his counsel, and take his part against all men, except the King and the Laird of Glengarrie his chief. Inver ness, 29th August 1626, 224 194. Certificate by Randal Earl of Antrim, that Alexander Grant, a Scots gentleman, some time dwelling in Tulloch, in the parish of Kincardine in Strathspey, was at Dunluce in Ireland, on the 25th of October 1630, and that Finlay Mak Crumen, of the parish of Kirkmichael, was there in company with him. 31st October 1630, 225 195. Petition by Margaret Sinclair, relict of John Grant of Carron, praying the King to grant letters commanding the Privy Council of Scotland to call the Laird of Ballendalloch before them, on a charge of having murdered her husband, etc. Circa 1630, 226 196. Commission by King Charles the First, under the signet, to Sir John Grant of Freuchie, to apprehend Alaster Grant in Tulloch, who was at the horn for non-compearauce xxxvi ABSTRACT OF CHARTERS OF [1631- PAGE before James Earl of Moray, lieutenant and justice in the north, to underlie the law for the slaughter of Thomas Grant of Dalvey and Lauchlan McIntosh of Roakmore, the said Alaster being still committing oppressions and stouthriefs in the country with other broken men. Sir John, as his master, had undertaken to present the said Alaster by the 1st July next after, but without a commission could not apprehend him out of his own bounds. Halyrudhous, 5th April 1631, 226 197. Act of the Lords of Privy Council, declaring that Sir John Grant of Freuchie, knight, by entering Alaster Grant, rebel, prisoner in the Tolbooth of Edinburgh, has satisfied the Act by which he was obliged to that effect, and discharging him thereof. Haly rudhous, 19th July 1631, 228 198. Obligation granted by Colonel Harry Bruce, for the compearance of Sir John Grant of Freuchie before the Lords of Privy Council, on 14th June next thereafter, to be examined and confronted with James Grant, prisoner in the Castle of Edinburgh, and Alaster Grant, prisoner in the Tolbooth thereof, under a penalty of 5000 merks ; and that the said John Grant should exhibit James Grant or Our, his chamberlain, before the said Lords, under the penalty of 1000 merks. Halyrudhous, 29th March 1632, 228 199. Certificate by Mr. A. Dick, parson of Advie and Cromdale, Mr. A. Watson, parson of Duthill, and Mr. Robert McKenzie, parson of Abernethie, to the Privy Council, testify ing and detailing the Laird of Grant's diligence in the service imposed on him of pursuing and apprehending James Grant, Robert Grant his brother, and George Grant his son. Cromdale, 4th January 1636, 229 200. Latter Will of Sir John Grant of Freuchie, knight, whereby he, inter alia, nominated Dame Marie Ogilvie his spouse and James Grant his eldest son to be his executors. Edinburgh, 31st March 1637, 230 201. Commission by George Marquess of Huntly, appointing James Grant of Carron as his substitute, to follow and pursue with fire and sword John Due Garre and his accom plices, and to commit them to ward for trial, for which effect the said Marquess had a commission from the King, with power to appoint a substitute to discharge the duty. Edinburgh, 9th November 1639, 231 202. Notarial Instrument, bearing that Dame Marie Ogilvie, liferentrix of the lordship and barony of Urquhart, in presence of the notary and witnesses, declared her willingness that James Grant of Freuchie, heritor of the said lands, should have her full power, by word and not by writing, to further the matter of the covenant within her liferent lands. Urquhart Castle, 8th September 1640, 231 203. Notarial Instrument, narrating that, in presence of the notary and witnesses, compeared Patrick Grant of Glenmoriston, on behalf of James Grant of Freuchie, and passed to the personal presence of Dame Marie Ogilvie, and desired her to stent the lands of Urquhart for sending men south, or to assist her son James Grant to do so, or give powers, in writing, to her son, or to her own bailies, to stent her lands ; who answered she could not give her son power in writing, as she had already given powers to Major-General Monro to that effect, etc. Urquhart Castle, 9th September 1640, ... 232 1645.] THE GRANTS OF GRANT. xxxvii PAGE 204. Retour of James Grant of Auchehangen, as heir of William Grant of Auchehangen, his great-grandfather, in the lands of the half davoch of Auchehangen, in the tenandry of Finlarg, regality of Spynie, and shire of Elgin and Forres, which were held of James Grant of Freuchie, as superior, in free blench-farm, for payment of one penny Scots yearly, if asked, and were in the hands of the said James Grant, through the death of the said William. Aisle of the Cathedral Church of Moray, 2d December 1641, 233 205. Obligation by Mary Grant, daughter of the late Sir John Grant of Freuchie, and Dame Marie Ogilvie, Lady Grant, as cautioner for her said daughter, to get the two con tracts made between James Grant of Freuchie, son and heir of the late Sir John Grant of Freuchie and the said Mary Grant his sister, with consent of her curators, subscribed by her curators, and to deliver one of them so subscribed to the said James Grant of Freuchie, before the last day of August next thereafter, under a penalty of 2000 merks Scots. Elgin, 13th June 1643, 234 206. Bond of Pacification drawn up by James Grant of Freuchie and John Grant of Moynes, commissioners for a pacification between Patrick Grant in Rutherie and Mr. Lachlan Grant, minister at Moy, ordaining the parties under a penalty of 1000 merks each, to find sureties not to harm each other in their persons, lands, nor goods, which they did, and signed the bond. Kirk of Knoknyndo, 6th July 1643, 235 207. The Testament and Latter Will of Dame Lilias Murray, relict of the deceased John Grant of Freuchie, made and given up by herself at Ballachastell, 30th December 1643, wherein she directs that her body should be buried in the aisle of the kirk of Duthil, beside her husband, and nominates James Grant of Freuchie, her grandson, to be her executor. 30th December 1643, 236 208. Commission by James Earl of Moray, colonel of the Moray regiment of horse and foot, appointing James Grant of Freuchie, his brother-in-law, to be lieutenant-colonel of the same. Freuchie, 1st April 1644, 236 209. Obligation by James Marquis of Montrose to the Laird of Grant, and heritors of the name of Grant, that they shall have repayment of their losses occasioned by the marching of the army through their country, provided they continued loyal in his Majesty's service. Garmoch, 3d March 1645, 237 210. Obligation by James Marquis of Montrose to James Grant of Freuchie, that what lands he should prove to have belonged to him or his predecessors, and which were then possessed by enemies, should be confirmed to him by his Majesty, under his seal and subscription, at a convenient time afterwards, provided he continued faithful in his Majesty's service. Garmoch, 3d March 1645, 237 211. Commission by James Marquis of Montrose to the Laird of Grant, to raise such loyal subjects as were not required at that time by the Marquis himself, and to use fire and sword against enemies and disaffected persons. Glenmuick, 11th April 1645,... 238 212. Bond of Combination, entered into by the Laird of Grant and his friends, Macpherson of Clunie, and the men of Badenoch, Rothiemurchus, Strathaven, and Glenlivat, xxxviii ABSTRACT OF CHARTERS OF [1645- page whereby, in respect of the imminent danger likely to ensue to them from the cruelty of their enemies now joined against his Majesty, they bound themselves to rise in arms, with their followers, for mutual defence, upon advertisement from any of the parties to the combination, etc. Muckrache, 30th March 1645, 238 213. Obligation by Duncan Grant in Wester Elchies, to submit to the censure of George Marquis of Huntly and Lord Lewis Gordon his son, and to make such satisfaction as they should ordain, for certain wrongs and oversights in behaviour alleged to have been committed by him to James Grant of Freuchie his chief, under the penalty of 500 merks Scots. Ballachastell, 16th July 1646, 240 214. Bond by Donald Moir McGilwrae, natural son of Farquhar McGilwrae of Dunichuglais, whereby, on the admission that he was one of the actors in removing, under cloud of night, certain horses, cows, and oxen out of the lands and glens of Knockandoch in 1645, he became bound to pay to James Grant of Freuchie, by way of indemnifica tion therefor, the sum of 1000 merks. Ballachastell, 11th September 1646, 240 215. Obligation by Alexander MacGregor to enter the service of James Grant of Freuchie, and to remain therein for five years, immediately on leaving Major-General Middleton's trumpeter, to whom the Laird of Grant had paid three or four score pounds for teaching the said Alexander to play on a trumpet, etc. Freuchie, 9 th December 1647, 241 216. Remonstrance by James Grant of Freuchie to the Estates of Scotland, representing that although the shire of Moray had assessed him and his friends too highly, yet they were willing to pay four score marks for each man, which was more than was paid by other gentlemen of the kingdom, but that Captain Dougal Campbell had refused to accept the same, and praying the Estates to take the case into their consideration. Freuchie, 6th January 1649, 242 217. Obligation by Captain Dougal Campbell to remove with his party from the lands of Knockandoch, belonging to the Laird of Grant, on the following day, and to indem nify the tenants for any injury or damage the said lands should have sustained from them, except in taking their maintenance discreetly. Freuchie, 6th January 1649,... 243 218. Bond of Service by James Grant of Auchernick to James Grant of Freuchie, wherebv in consideration of a disposition granted by the latter to him in liferent, and to his son, John Grant, in fee, of the town and lands of Auchernick, with the corn mills of Abernethy, but redeemable by the said James Grant of Freuchie or his heirs, they became bound to render him and his heirs bodily service during their possession of the said lands, in the same manner as the other gentlemen wadsetters in Strathspey. Ballachastle, 26th April 1655, 243 219. Permission by General George Monck to James Grant of Grant and his tenants to keep their arms for their defence, on condition of their doing nothing prejudicial to his Highness and the Commonwealth. Edinburgh, 1 0th February 1657-8, . 244 1707.] THE GRANTS OF GRANT. PAGE 220. Commission by King Charles the Second to Sir Robert Innes of that Ilk, Patrick Dunbar of Balnathery, Sir Alexander Innes of Coxtoun, and others, to try Isobel Monro and Mary Burges, " vagabonds within the bounds of Strathspey and Murray- land," for witchcraft. Edinburgh, 3d October 1661, 244 221. Bond by Donald Dow McEwen vie Martin of Batullichcbeg and Angus McEanRoy vie Conil vie Martin, apparent of Ratullichevoir, to exhibit and present John McEan vie Conil vie Martin, Soirl McConil vie Ewen vie Martin, and Donald Dow MTnnes vie Glashan, to Lieutenant-Colonel Patrick Grant, tutor of Grant, who had them prisoners in the house of Ballachastell, and had set them at liberty, and to make good whatever loss or detriment the said persons had dnne, or should do, to the said Lieutenant-Colonel, or to the Laird of Grant, etc. Ballachastell, 19th July 1667,... 245 222. Mutual Bond of Amity by Patrick Grant of Tullochgorm and Patrick Grant of Miltoun, taking burden upon them for the family of Tullochgorm and all persons descended therefrom, on the one part, and Suetony Grant of Gartinbeg, Duncan Grant his son, Donald Grant of Kinveachy, and Alexander Grant of Delrachnie, taking burden upon them for the family of Gartinbeg and all persons descended therefrom, on the other part, whereby they reiterate and renew all old kindly relations between the said families, and agree that they should be united in the bonds of affection and kindness, etc. Duthell, 18th March 1669, 247 223. Extract of the Coat-of-Arms assigned by Sir Charles Erskine of Cambo, Lyon King- of-Arms, to Ludovick Grant of Freuchie or of that Ilk. Edinburgh, 15th September 1673, 248 224. Remission and Discharge by King James the Seventh, of a fine of £42,500 Scots, imposed upon the Laird of Grant by the Commissioners of the Privy Council and Justiciary, at Elgin, on 11th February 1684-5. Whitehall, 9 January 1685-6, ... 249 225. Statement by Duncan Forbes of Culloden, with reference to a charge made against him in Parliament by the Master of Tarbat and others, of having laid on the shire of Inverness a burden of £6 Scots monthly, which was formerly borne by his lands of Ferrintosh, explaining that though au act was passed, yet the said burden was never imposed, etc. Edinburgh, 4th September 1703, 249 226. Contract between Alexander Grant, younger of that Ilk, and Elizabeth Steuart his spouse, whereby, in consideration and satisfaction of a clause in their contract of marriage, providing her, if she survived him, to the household plenishing of their house of Urquhart, the said Alexander assigns and dispones to her all furniture, jewels, etc., pertaining to him, except his arms and the furniture of Castle Grant, etc., and all corn, cattle, etc., belonging to him at his decease ; the said Elizabeth, on the other part, renouncing in favour of him and his heirs all right and title to his estate, heritable or moveable, competent to her heirs, in the event of her predeceasing him without issue of her own body. Balnadalloch, 20th October 1707, 250 xl ABSTRACT OF CHARTERS OF THE GRANTS OF GRANT. [1715. PAGE 227. Order by Brigadier-General Alexander Grant of Grant, Lord Lieutenant of the county of Banff, to Alexander Garden of Troup, elder and younger, and Alexander Abercromby of Glasoch, his deputy lieutenants, to garrison the house of " the Boyne " with 25 well-armed men out of the militia of the shire of Banff. 15th February 1715, 251 228. Order prescribed for the march of the Royal army from the camp at Stirling to Dunblane. 12th November 1715, 252 229. Agreement by Simon Lord Lovat to engage John Earl of Sutherland to write to Court in favour of William Earl of Seaforth, provided the said Earl would disperse his men and set at liberty the gentlemen of the name of Monro, whom, contrary to law, he had made prisoners: 2d December 1715. Also engagement by William Marquis of Seaforth, to Simon Lord Lovat, commander of his Majesty's forces near Inverness, to disperse his men, set at liberty the gentlemen of the name of Monro, and not to take arms or appear against his Majesty King George till the return of the Earl of Sutherland's express from Court. Brahan, 30th December 1715, 253 230. Memorandum of the Births of James Grant, son of Ludovic Grant of Grant, and of Anne Colquhoun, daughter of Sir Humphrey Colquhoun of Luss ; also of their marriage, the births of their children, and the death of Anne Colquhoun on 25th June 1724, 253 231. Acknowledgment by Donald Cameron of Lochiel of the receipt from James Grant of Grant of certain old charters and writs of the family of Lochiel, which had been intrusted to the safe keeping of the family of Grant. Castle Grant, 13th May 1724, 254 232. Bond between John McDonell of Glengarry and John and Patrick Grant, elder and younger of Glenmoriston, with consent of Alexander Grant of Crasky, younger, and Angus Grant of Deldregon, whereby they become bound to maintain friendship and kindness between the families as of old, and to join together against any unlawful attempts made against either family, the family of Grant being excepted by Glen moriston ; and the said John and Patrick Grant become bound not to harbour nor assist Allan Grant, son to the said John Grant. The bond to be kept under the penalty of £2000 Scots in case of failure. Invergary, 1st November 1735, 255 xli ABSTRACT OF ADDITIONAL CHARTERS. PAGE 233. Transcript made about 1550, of charters relative to the lands of Inverallan, compre hending — (1.) An obligation by William of Feddrethe, younger, superior lord of InvereUam, to infeft John le Grant, his heirs and assignees, of his body lawfully begot or to be begot, in the three davochs of land of Inverallan, for services due and wont, in terms of the charter of Augustine of InvereUam and his ancestors, if it can be found ; and if not, then according to the form instructed by good and true men of the country : That infeftment to be made as soon as John, son of Gilbert of InvereUam, shall, in the granter's court, resign his right to the said lands. The granter affixed his seal to the original document, and for greater proof procured the seals of Stephen of Donydoir, Archdeacon of Moray, and Walter of Both well, Sheriff of Elgin. At Elgin, 18th October 1316, 257 (2.) Charter by John of InvereUam, son of Gilbert, brother of Augustine of InvereUam, and heir of the said Augustine by decease of Gilbert, whereby for a sum of money he gives and confirms to John le Grant, his heirs and assignees, the whole three davochs of InvereUam, with their pertinents ; John le Grant performing the forensic service due to the King, and also the service used and wont, due to WiUiam of Fedderat and his heirs ; with clause of warrandice. Witnesses, Sir Patrick of Grahme, knight, Sir John perpetual vicar of Inverness, Andrew le Grant, Alexander Pilche burgess of Inverness, Master Felan rector of the schools there. No date, 257 (3.) Charter by the before-named WUliam of Fedreth, son, confirming to John le Grant the preceding charter of alienation by John, son of GUbert of InvereUam, of the three davochs of InvereUam in the shire of Inverness. Dated at Elgin, 18 th October 1316, 258 (4.) Letters by Elizabeth le Grant, granddaughter and nearest heir of the late Patrick le Grant, Lord of Straharrigag [Stratherrick : see No. 1 5, supra, where a charter by Patrick le Grant of a portion of Inverallan is printed at length], by which she constitutes John Seres, her nearest heir, grandson descending from her in direct lineage, and confirms him in all lands and possessions whatever belonging to her, reserving her liferent right ; declaring that no alienation of the subjects from her grandson shall be made with her consent, and if such has been made by others, the same shall be null. Dated at Inverness, 29th September 1433, 259 (5.) Precept under the quarter seal of King James the Third, directed to the Sheriff of Inverness, narrating a decree by the Lords' Auditors in the cause moved by John Seres against Angus Gibbonsoun for unjust spoliation and occupation of John Seres's lands of Gaich and Inverallem, by which decree, of date 11th October 1464, the Lords ordain Gibbonsoun to restore to Seres the rents of these lands despoiled by him ; in terms of which decree the King commands the sheriffs to / xlii ABSTRACT OF ADDITIONAL CHARTERS OF [1464- page compel restitution, and failing that, to distrain Gibbonsoun's goods ; also to defend Seres in possession. Dated at Edinburgh, 1 2th October [1464], 259 (6.) Precept by William Craufurd, Lord of Fedrey, for infefting Patrick Seres (son and heir of John Seres), and giving him sasine of the lands of InvereUam, with their pertinents, lying in the shire of Inverness. Dated at Aberdeen, 1 6th April 1482, 260 (7.) Notarial instrument, narrating that in presence of George Earl of Huntly, Alex ander Lindsay, Master of Craufurd, and Alexander Gordoun, Master of Huntly, etc., Patrick Seres, son and heir of the late John Seres, resigned his whole lands of Inver eUam, in the shire of Inverness, into the hands of William Crafurd of Feddra, over lord of these lands ; and because Patrick Seres had sold the lands to John Grant, son and apparent heir of Duncan Grant of Fruquhy, knight, he required the said overlord to infeft John Grant in the said lands ; which the said William Crafurd did by deli very to John Grant of staff and baton. Done at Geycht of the forest of Enzie, in the hall of the same, 9th May 1482, 261 (8.) Precept by William Craufurd of Feddra, for infefting John Grant, son and apparent heir of Duncan Grant of Fruquhy, knight, and giving him sasine of the whole lands of InvereUam resigned by Patrick Seres, and that upon the ground and messuage of the same. Dated at Geycht, in the forest of Enzie, 9th May 1482, ... 262 (9.) Precept by William Crafurd of Feddrath in favour of John Grant, son and heir-apparent of John Grant, for giving him sasine of the whole lands of InvereUam, resigned by Patrick Seres, son and heir of John Seres. Dated at Feddra, 8th June 1483, 263 (10.) Decree by the Lords of Council acquitting John Grant of Fruquhye from the petition and claim of the King as to the uptaking of the rents of the half of the lands of Gaych, the half of the lands of Glenbeg, the half of the lands of Dregy, in the sheriffdom of Inverness, alleged to belong to the King through the non-entry of the heir of the late Alexander Hay of Mayne ; because John Grant showed charter and sasine of the lands : John and Robert Douglas, who had a gift of the non-entries, being present. Dated at Edinburgh, 21st August 15 ll,1 263 (11.) Notarial instrument narrating a precept of dare constat by George Crafurd of Fedrey, overlord of the lands of Inverallem, namely, Dragy, Glenbeg, Gawich, and Cragan, directed to Patrick Grant in Tullochgorm, and others, for infefting James Grant of Frequhy as lawful and nearest heir of his father, the late John Grant (of Freuchie) in the said lands ; which precept, dated at Miltown of Keyth, 19th October 1529, the said James Grant delivered to the said Patrick Grant as bailie, who there upon gave sasine to the said James in terms of the precept. Done on the soil of the said lands, 25th October 1529, Thomas Name of Cromdall and others being witnesses, 264 1 A note prefixed to this writ states that the Grant for the rents as pertaining to him and the King (James the Fourth) had made a gift of the King, by reason of ward through the decease of ward of the lands of Gaich, Glenbeg, and Dregy, Alexander Hay of Mayne, for whose title see No. 41, being half of the lands of Inverallan, to one Robert supra. Douglas, and that the latter had pursued John 1530.] THE GRANTS OF GRANT. xliii PAGE 234. Gift by King James the Fourth, under his Privy Seal, in favour of John Grant of Frewchy and his assignees, giving to them the ward of the lands of the two Auch- uarrowis, Dovnane, and the Port, extending to fifteen merks worth of land lying in the sheriffdom of Inverness, which pertained to the late Patrick Reoch of Auchnarrowis, and now, through his decease, in the King's hands by reason of ward ; also the marriage of Reoch, son and heir of the late Patrick Reoch, and failing him by death, unmarried, the marriage of any other heirs of the late Patrick succeeding to him in his heritage. To be held until the lawful entry of the righteous heir to the said lands. Given at Edinburgh, 2d December 1508, 266 235. Notarial Instrument narrating that in presence of the notary, etc., James Grant of Fruchty required James Earl of Murray to relieve, defend, and keep skaithless the said James Grant, as to the feu-farms of the lands of Glencarny, for the terms of seventeen years last past ; which feu-farms the Earl had received, as shown by his acquittances, and for which feu-farms the said James Grant was summoned at the King's instance ; also that the Earl should relieve the fee of the heritage of said lands of Glencarny to James Grant at the hands of the King, with all expenses to follow ; failing which, James Grant solemnly made protest for remedy of law, time and place fitting. Done in the garden of the Earl's place in the Cowgate, within the burgh of Edinburgh, 28th March 1530, 266 236. Obligation by James Earl of Murray, by which he obliges himself to James Grant of Freuchquhy, that he will labour with all possible power and dUigence at the King's hand to make James Grant enjoy the lands of Glenquharny with the pertinents, to be holden of the King according to the infeftment made by the late King that last deceased, to John Grant, the said James Grant's father ; and that he shall solicit the King to give James Grant all right, title, interest, and claim that the King has or may have to the lands of Glenquharne by reason of non-payment of the feu-maills, or otherwise, and to renounce the same in favour of the said James Grant. The Earl further obliges himself that he shall never have, nor pursue interest or title in any way to Glenquharne, or any part thereof, excepting the feu penny maill contained in James Grant's infeftment, if he may procure from the King the said feu-maUl of Glenquharne and Balnadallacht ; and moreover, he renounces all right he has or may have in the said lands, excepting as said is ; and obliges himself to get from the King and his treasurer a discharge of the byrun rents of the foresaid lands intromitted with by the Earl since the field of Flodden, of all terms and years since Flodden, and to warrant and relieve James Grant of the same, with all his goods and possessions, etc. Elgin, 21st June 1530. Witnesses, James Bishop of Ross, John CampbeU of Calder, knight, John Mackenzie of Kintail, Patrick Grant in Balnadallacht, and others, 267 237. Notarial Instrument narrating that in presence of the subscribing notary and witnesses, Mr. Andrew Grant personally passed to the presence of the parishioners of DwtheU, and besought from them his election to the office of clerk of the Church of DwtheU, then vacant in their hands, through the decease of William Grant, last possessor of xliv ABSTRACT OF ADDITIONAL CHARTERS OF [1537- page the office ; and the parishioners of their own free will chose and nominated Mr. Andrew Grant to be parish clerk of the said church : After whose election and nomi nation Mr. Andrew Grant, during high mass, at the time of first lesson, passed to the step of the altar, and said with a loud voice in the vernacular — You parishioners who have consented to my election, rise to your feet ; and as many as were in the church rose up, and all with one voice cried out, We have chosen you, Master Andrew Grant, to be our parish clerk, and to the office of clerk of the said parish church of DwtheU, and no other person, unless we shall be compelled to the contrary by James, Laird of Grant, etc. ; any other or compulsory election to be void. Done in the parish church of Duthell on 13th January 1537, 268 238. Precept by Alexander Dunbar, Dean of Moray, etc., addressed to the curate of the church of Duthill, narrating that the granter, because the office of clerk of Duthill was vacant by the death of William Grant, at the election of the parishioners, had collated Mr. Andrew Grant an able and fit clerk, and admitted him to the said office, and confirmed the said election ; wherefore the curate is commanded to induct Andrew Grant into possession of the said office, admonishing the parishioners to pay promptly the profits of the office to Mr. Andrew Grant as their parish clerk, and to no other, under pain of the greater excommunication. Given at Elgin, 2d February 1537. Indorsed on the precept is a notarial instrument stating that on the 1 1 th February 1537, Sir William Wallace, curate of Duthell, in terms of the within mandate delivered to Mr. Andrew Grant a vessel and sprinkler (amphoram et aspersorium) with holy water (aqua benedicta), inducting him in actual possession of the office of clerkship of Duthill, and he also admonished the parishioners in terms of the foregoing mandate, 270 239. Letter of Reversion by John M'Conquhy in Gartthrynbeg, in which he obliges himself that, notwithstanding Allan McEan McAUister of Rathamurchus sold and alienated to the granter all and whole one-half of his lands of Tullochchrow, with pertinents, lying within the barony of Rathamurchus and sheriffdom of Elgin, yet as soon as the said Allan, his heirs or assignees, shall pay to the granter, his heirs and assignees, in the parish kirk of Douthall, the sum of 100 merks Scots, then the said John McConquhy shall renounce and resign the said lands of Tullochchrow, with all title and property therein, and all charters thereof, in favour of the said Allan, his heirs or assignees ; and if John McConquhy, or his heirs, etc., shall, after being warned, absent themselves from the said payment, it shall be lawful for Allan to place the money in the hands of the ' Prior of Kingusy for the time, for the use of the granter, etc., with a letter of lease and bailiery of the said lands for three years following the redemption of the same, at a yearly rent of six merks Scots ; which done, the said Allan shall have free ingress to the said lands of Tullochchrow, with their pertinents, etc. Dated, signed, and sealed at Tullochchro, 19th July 1537, before John Grant in Tulloch, and others. On the back of the letter of reversion is inscribed a discharge by Duncan Grant in Gartinbeg, son and heir to the late John Makconachie Grant in Gartinbeg, acknow- 1539.] THE GRANTS OF GRANT. xlv page ledging himself to have received from John Grant of Fruquhy, superior of the lands of Rathamurchus, the sum of 100 merks Scots, with a sufficient letter of lease and bailiery of the half lands of Tullochchrow, for the term of three years following Whit sunday last, 1581, at £4 yearly rent, and that in full satisfaction of the foregoing reversion : Duncan Grant therefore acknowledges the said lands to be lawfully redeemed, and renounces and resigns the same and all property therein. Dated and subscribed at Ballachastell, 19th May 1581, 271 240. Contract or Feu-Disposition entered into between Patrick Bishop of Moray, Commendator of Scone, on one part, and James Grant of Fruquhy, on the other part, to the effect that the Bishop is bound, with consent of the chapter of Moray, failing which, by commission from Rome, to infeft James Grant, his heirs-male, and seven other Grants and their heirs-male, by charter and sasine, in feu-farm heritably, in the lands of Lagane, Ardynche, Kyncardy, Connocawill, Ester Elche and Westir Elche, Aloquhy, Arthirdule, Adwoky, Corane, Daltuly Estir and Westir, Auchannochy, Dalwey with mill, Adwey, Rurory, Calater, Tulichane, Auchnahandocht, Nedir Fynlarge, Medill Finlarge, and Ower Finlarge, and others, as particularly described, with the fishing of Spey, within the bounds of the foresaid lands, the said James Grant and the others paying therefor to the Bishop and his successors a yearly rent of £93, 10s. Scots, with an augmentation of £31, 3s. 4d., being the third penny more than ever was paid before, amounting in all to £124, 13s. 4d. Scots, at two terms in the year ; and also paying yearly for the mill of Dalwey 24 bolls victual, 16 custom marts, and 2 chalders 1 1 bolls of custom oats, conform to the Bishop's rental : Doubling the said feu at the entry of heirs to the said lands ; with service in hosting, " ariage and cariage as efferis," the said James only being remitted from this service as being a baron holding of the King, but finding sufficient men corresponding to his part of the said lands ; with presence and suit in the Bishop's three head courts, and justice courts : Providing that the lands be parted so that 40 merks of the same remain with James Grant, the rest of the lands to be divided equaUy among the other seven persons, none of the seven having heritably more than 24 merks worth of land only; the said James and the others, each for his own part, to build halls, chambers, etc., and plant trees, etc., upon the said lands, conform to their feus : For which infeft ment by the Bishop to the said James and other seven Grants, James Grant binds himself to pay 4000 merks Scots, as follows : 1000 merks at next Easter, or eight days thereafter, 500 merks at the following Whitsunday, 500 merks at the following Martinmas, 1000 pounds at Whitsunday 1541, and 500 merks at the next Martin mas, in complete payment of the whole sum. And in case the Bishop cannot obtain the consent of his chapter, nor commission from Rome before Michaelmas next, then he binds himself to lease to James Grant, his heirs and assignees, all the foresaid lands for five years following the issue of the last lease of the same to the said James, he, his heirs or assignees, paying yearly a rent conform to the bishop's rental, for which lease James Grant shall pay the sum of 400 merks Scots; and if the Bishop does not infeft the said James and others in the lands before Michaelmas, he shall xlvi ABSTRACT OF ADDITIONAL CHARTERS OF [1539- page deliver to James Grant a letter of lease for five years in due form, and an obligation to pay the sum of 1100 merks, out of £1000 which James Grant must deliver to him at Easter and Whitsunday next, the 400 merks remaining of the £1000 to be allowed for the gratitudes of the five years' lease to James Grant ; and if the Bishop obtains consent or commission and infefts the said James, then the latter shall pay the foresaid sum of 4000 merks. Executed in duplicate at Edinburgh, on 24th February 1539. On the back of the document is inscribed an additional clause, that if the Bishop offer a sure infeftment to the said James Grant and other seven, and James Grant refuse the same, then the latter shall pay the sum of 4000 merks, with all interest the Bishop may recover upon him for not fulfilling the contract ; and if the Bishop offer not the said infeftments before Michaelmas next, then James Grant and his heirs shall be free of such payment. It is further specially provided that the seven persons to be infeft shall be selected by James Grant, 272 On the back of one of the duplicates of the contract are written the following instruments : — (1.) A notarial instrument, narrating that on the last Sunday of February 1539, within the house in Edinburgh of the most Reverend the Lord Cardinal, Patrick Bishop of Moray, of his own will and in consideration of the King, was content to renounce the foregoing contract, and to consent to its dissolution on his part, provided that James Grant would on his side likewise consent to a dissolution, and not otherwise. Witnesses, the Cardinal [Beaton], the Bishop of Brechin, Sir Alexander Abbot of Cambuskynnet, and others, 276 (2.) A notarial instrument, narrating that on 4th March 1539, David Woid of Craig, the King's comptroller, and James Lermonth of Bawcomy, were admonished on their own confession under pain of excommunication, jointly and separately, renouncing the benefit of division and all privileges granted or to be granted to them, to relieve and keep skaithless the Bishop of Moray at the hands of James Grant, as to the contents of the foregoing contract ; also to cause diligence to be done at the King's hand for compelling James Grant to renounce the said contract, 277 241. Notarial Instrument narrating that in presence of the notary subscribing, and witnesses, James Leirmonth of Darsy, the King's Master of Household, and David WTod of Crag, the King's comptroller, passed in name of the King (King James the Fifth), to the presence of Patrick Bishop of Moray, and perpetual commendator of Scone, and spoke and announced to him that the King required of him, that notwithstanding the con tract made with James Grant of Fruchquhy [as in No. 240, supra], to let the lands and barony of Strathspey in feu-farm, he should let in feu to John Grant of Ballin- dalloch the lands of Adwie, Tullichane, Callader, Ruror, and Aduoky, and to Patrick Grant, John's brother, the lands of Dalvey and mill of the same, with the thirled multures, etc., which lands are a part of the barony of Strathspey. The Bishop in answer begged them to show to His Majesty that he was obliged and admonished to let the whole lands of Strathspey to James Grant, and exhibited the contract signed and sealed ; to which the said James Leirmonth and David Wod declared that it was 1546.] THE GRANTS OF GRANT. xlvii PAGE the King's will that the Bishop should feu the said lands to John and Patrick Grant, and advised him to do this for such causes as they " wald nocht shaw at that tyme," notwithstanding the contract : The Bishop replied that he would subscribe the charter at the King's command, protesting that though he did so, and also consented to the said feus, yet he incurred not the penalties contained in the contract, and also that he renounced not the contract unless James Grant consented, etc. ; and after the departure of Leirmonth and Wod, the Bishop explained in presence of the notary that he subscribed the charters of feu to John Grant of Ballindalloch under dread of the King's displeasure against himself, the Earl of Bothwell, and others of his surname, and he protested for remedy at law, etc. Done in the lodging of the late Robert Lesly, at Edinburgh, 5th March 1539, 277 242. Discharge by Patrick Bishop of Moray, etc., in favour of James Grant of Fruychy and John Grant of Culcabok, his brother, acknowledging payment of 260 merks Scots, the balance of the sum of 2800 merks, which James Grant, John Grant his son and apparent heir, and John Grant of Culcabok, with Robert Innes of Innermarky, were acted in the Commissary Books of Moray to pay to the Bishop, as the act, dated at Elgin, 8th May 1641, narrates, for grassum, and for the letting to them of the Bishop's lands and barony of Strathspey, as follows : — Lagan, Ardinche, Auchnahandat, Connakyle, Auchnahangane, Wester Daltuly, Ester Daltuly, croft of Cardells, Artilduly, Alloquhy, with the fishings on Spey, and the fishings of Dalwey, Adwey, Calatare, Tullychtane, and Adwoky, to James Grant, his heirs and assignees ; Ester Eloquhy, with fishings on the Spey, to Duncan Grant, son to the said James Grant ; Ower- finlarg, Mukrath, Midfinlarg, Nedderfinlarg, to William Grant, son to James Grant ; Wester Elchze, with mill, fishings on Spey, Portaris Croft, with the ferry coble, Kynkirdy with fishings, to John Grant of Culcabok, his heirs and assignees ; the lands of Carranne to the same John Grant of Culcabok : Of which sum of 2800 merks, the Bishop exoners and discharges the said James Grant, John Grant his son and apparent heir, John Grant of Culcabok, and Robert Innes. With clause of registra tion. Subscribed by the Bishop at Spynie, 7th May 1544, 279 243. Notarial Instrument narrating that in presence of the notaries, Patrick Bishop of Moray, etc., openly declared that notwithstanding that John Grant of Balnadalauch, and Patrick Grant of Dalwey, his brother-german, have submitted themselves to the Bishop in all actions moved betwixt him and them, especially as to the quashing of the charters made by the Bishop under compulsion of the late King, to John Grant, of the lands of Adwey, Tullichane, Calatar, Aduoky, and Rurorye, and to Patrick Grant, of the lands of Dalwey, with mill, etc., and because the Bishop had received no profits from the lands, both on account of the alleged destruction of two mills of Little Inverlochtie, and other causes ; yet the Bishop declared he did not wish John and Patrick Grant to lose their possessions or lives, as set forth in the Queen's letters of citation, and he therefore freely ratified and confirmed their infeftments in the said church lands. Done in the Chapter-house of the Church of Moray, 20th May 1546, 280 xlviii ABSTRACT OF ADDITIONAL CHARTERS OF [1554- page 244. Protest by John Grant of Freuquhie, in presence of the Sheriff-depute of Inverness-shire, declaring that as the taxed roll of the shire had been made up without his being on the inquest, if the same as regarded his lands was not conform to the old valuation, that fact should not be prejudicial to him, etc. At Inverness, 23d March 1554, ... 282 245. Advice by William Lord Forbes and others, given at the desire of the Laird of Grant, as to the slaughter of John Grant of Ballindalloch by John Roy Grant. The advisers propose that there should be — (1.) an honourable amends ; (2.) an amends made by John Roy Grant in gear ; (3.) marriages betwixt the parties ; (4.) security given for future good behaviour; (5.) banishment of guilty persons out of the Laird's terri tories ; and (6.) the advisers utterly refuse amends by bloodshed, as desired by the Laird of Ballindalloch. 14th March 1559, 283 246. Gift by George Earl of Huntly, Lord Gordon and Badenoch, lieutenant for the Queen in the north of Scotland, bestowing on John Grant of Frewchquhye the abbey and dwelling-place of Kinloss, and pertinents, with the whole escheat goods within the bounds of the abbey and barony of Kinloss, so far as they belong to Walter Abbot of Kinloss, within the sheriffdom of Moray, by reason of escheat for not answering to a summons for a murder committed by the Abbot ; with power to John Grant to intromit with the said abbey at his will, paying to the Earl £200 Scots, as thirds for Martinmas 1568, and so on termly during the time of the Earl's commission, for all other duty. Signed at Aberdeen, 28th February 1568, 284 247. Memorandum made by Lachlane Makintosche of Dunachtin to be communicated to the Laird of Grant, assuring the latter of the writer's desire to entertain such friendship as existed between their ancestors ; of his willingness, as his sister is married to the young Laird of Grant, to provide for her "as becumis McIntosche to do," and also to concur with the Laird in all lawful actions ; for which causes the writer desires that the Laird would let him have Rothymurchus for such sum as the Laird gave for the same, it being Mackintosh's " maist natywe cunthretht," which arrangement will, he asserts, tend to the weal of both parties. Signed 20th February 1568, 285 248. Exoneration by John Meldrum, portioner of the Ord, in favour of John Graunt of Frwquhe and Duncan Graunt his son and apparent heir, renouncing all pursuit of them for certain "spoilzies'' of horses and cattle alleged against them, from the complainer's lands of Ardnely and Cowsaaltye, regarding which he now acknowledges himself to have been misinformed. Subscribed at Banff, 28th August 1579, 286 249. Testament-Testamentar and Inventory of the goods, gear, sums of money, and debts pertaining to the late Johne Grant of Fruquhy, in the parish of Cromdale and sheriff dom of Inverness, at the time of his death, which took place at Ballachastell on 2d June 1585, given up by his lawful son Patrick Grant of Rothymurchus, whom, in his latter will, he nominated his only executor. Inventory and latter will (dated 24th November 1584), duly confirmed by the commissary of Edinburgh on I5th 1606.] THE GRANTS OF GRANT. xlix PAGE March 1586, and recorded of that date in volume xvii. of the Record of Testaments in the Commissariot of Edinburgh, 286 250. Letters under the Privy Seal of King James the Sixth, directed to the commissioner over the kirks within the bounds of the diocese of Moray, in favour of Neill Grant, presenting him to the parsonage and vicarage of Abdy (Advie) and Cromdaill, with manse, etc., vacant by the decease of Mr. Thomas Austeane ; requiring the commis sioner to examine the presentee's qualifications, and admit him, if sufficient, and, if otherwise, to report, etc. Dated at Holyroodhouse, 6th July 1588, 293 251. Contract between John Grant of Freuchie on the one part, and Patrick Grant of Tulloch on the other part, in which the former acknowledges receipt from the latter of £1000 Scots, for which John Grant binds himself to infeft Patrick Grant, his heirs and assignees, in the town and lands of Wester Tulloch, with mill and pertinents, lying in the lordship of Badenoch and sheriffdom of Inverness, and in security of the same, John Grant binds himself to infeft Patrick in the davoch of Tullochcrubin, in the lordship of Glencarneych and sheriffdom of Elgin, and that in special warrandice ; Patrick Grant on his part being bound to subscribe a letter of reversion for redemp tion of the said lands of Wester Tulloch in the usual form ; providing if it shall happen that the lands are redeemed by John Grant in his own lifetime, then Patrick Grant shaU pay yearly for five years the inaills used and wont, and shall then renounce and overgive the said land, John Grant to have full regress and ingress as before the alienation, etc. With clause of registration. Subscribed at Ballachastell, 3d November 1593, 293 252. Lease by Lady Marie Ruthuen, Countess of Athole, cessioner and assignee to the ward lands of the earldom of Murray, with consent of her husband, John Earl of Athole, in favour of John Grant of Fruquhy, letting to him and his heirs and sub-tenants, the towns and lands of Abernethie, with the quarter of land called Moirclune, all lying in the sheriffdom of Elgin and Forres, for the term of five years from Whitsunday 1598, at a yearly rental of £40 Scots. With clause of warrandice, etc. Subscribed at Dunkeld, 3d September 1597, 296 253. Acknowledgment by Kenneth Mackenzie of Kintail, that in terms of a contract of same date relating to the lands of Kisryne, etc., he had received from John Grant of Frewquhye the charter of comprising of lands in Kisryne, Loehailche, and Locharron, made by Queen Mary on 4th May 1548, in favour of the late James Grant of Frewquhye, great-grandfather of the said John Grant, with a procuratory of resigna tion of the lands by the said John to the said Kenneth ; for which reason Kenneth Mackenzie discharges John Grant, his heirs, executors, and assignees, of the same. Subscribed at Inverness, 1st May 1606, 297 254. Bond of Belief by Allan Cameron of Lochzeild, by which lie binds himself, his heirs and successors, to exoner and relieve Symon Lord Fraser of Lovat, sheriff of Inverness, of the sum of £710 Scots, contained in the Chancery precept passed as to the lands 9 ABSTRACT OF ADDITIONAL CHARTERS OF [1607- page of Knodeort, with all duties of sheriff fee, etc., and to warrant his Lordship at all hands in time coming. With clause of registration. Subscribed at the " Iyle of Lochzeild," 8th September 1607, 298 255. Letter under the signet of King James the Sixth, addressed to messengers, narrating a charter granted by the King to John Grant of Frewquhye and his heirs-male, etc., of the lands of Lethintie, Over Auchrosk, Mid Auchrosk, Garling, Nethir Auchrosk, Kirktown of Cromedaill, Delliechappill, and Rwinoballich ; also the lands of Inver eUam, Glenbeg, Gaeycht, Cragan, Dregie, with mills and fishings, the two Auch- narrowis, Dovnan and Port, and all their pertinents, lying in the sheriffdom of Inverness ; and that the King has erected and created the said town of Cromdaill into a free burgh of barony, with all rights and privileges belonging thereto, and that it is necessary to publish the same ; the King therefore commands that due publica tion may be made at market-crosses and parish kirks, etc. Dated at Edinburgh, 25th July 1609, 298 256. Excerpt from old rental of the Grant estates, including the rental of the barony of Inverallem made in 1611; the barony of Frewquhye and Cromdell ; and the crofts of Ballachastell, 300 257. Extract Discharge by Archibald Prymrois, writer, acting as joint commissioner with Archibald Campbell of Glencarradil, under an act of Privy Council, of date 22d July 1613, made with advice of Archibald Earl of Argyll, his Majesty's lieutenant against the Clan Gregor, and Sir Gideon Murray of Elibank, treasurer-depute, by which act the commissioners are empowered to uplift fines, and grant acquittances, and having also a commission from the said Archibald Campbell to do all things for him in the premises concerning receipts and acquittances ; and whereas by decreet-arbitral on 3d February 1615, given betwixt the Earl of Argyll on one part, and John Grant of Frewchie on the other part, the latter was decerned to pay 16,000 merks of fine for the reset and supply given by him, his friends and tenants (who are named at length), to the Clan Gregor ; the said Archibald Prymrois acknowledges receipt of that whole sum, and discharges John Grant of the same. With clause of registra tion. Dated at Edinburgh, 25th February 1615, 314 258. Bond by Sir Lauchlane Maekintoshie of Torcastel, knight, acknowledging him to have borrowed from Agnes McKenzie, " ladie elder of Dunnachtane," the sum of £240 Scots, which sum Sir Lachlane, as principal, and John Grant of Frewchie, his cautioner, bind themselves to pay to the said Agnes McKenzie within the burgh of Inverness, between the date hereof and Whitsunday 1618, with an additional sum of £60 in case of failure. Clause of warrandice by Sir Lauchlan to John Grant, and clause of registration. Dated at Inverness, 1 8th April 1618, 317 259. Lease by John Grant of Freuquhye, with consent of his son and apparent heir, Sir John Grant of Mulben, knight, in favour of Alexander McWilliam Moir in Corthullie, letting to him and to his heirs and executors of no higher degree than himself, the 1631.] THE GRANTS OF GRANT. li PAGE half town and lands of Corthullie, extending to three oxgang land of the davoch of Letoch, and pertinents, lying in the lordship of Abernethy, parish thereof, and sheriff dom of Elgin and Forres, with the teinds, for the space of nineteen years following Whitsunday next, 1620 : To be held of the granter and his heirs and successors in lease, under the conditions specified, the tenant and his heirs, etc., paying twenty-five merks Scots of land maill at the term of Martinmas yearly, 6 pecks multure victual, 3 firlots custom malt yearly between Candlemas and Easter, three-quarters of a wedder, a kid, three " pultries," a goose, half a stone of butter at the usual terms, with the shearing and leading of " seven thraweis and ane stouk " of corn in the Mains of Abernethy, the tilling of 6 pecks oats sowing there, the harrowing of 6 pecks oats sowing in the " tath fauldis " of the said Mains, with fuel to dry 5 bolls oats there ; also for the teindsheaves, the sum of 16s. 8d., and for the teind vicarage, the sum of 33s. 4d. Scots at the usual terms : with various other services, as enumerated in the lease. Subscribed at Freuquhye, 29th February 1620, 318 260. Warrant by George Marquis of Huntly and George Lord Gordoun, consenting that Sir Lachlane McKintoische of Torrecastell, knight, shall wadset the towns and lands of Essiche, Drumdellchik, Cognaskaliche, Kincrage, Lytill Dunnachtane, the third part of Pittevre, and Meikill Dunnachtane until Whitsunday 1623, without any action of recognition ; providing that if Sir Lachlane do not redeem the said lands at that term, the Marquis and Lord Gordoun shall have liberty to pursue. Subscribed at Huntly, 13th June 1620. Indorsed on this writ are two prolongations of the term assigned, for the space of three years each, 321 261. Accounts by Gregor Grant of expenditure on behalf of Sir John Grant of Mulben, younger of Freuchie, in two journeys from Strathspey to Edinburgh, and residence in Edinburgh, in February and July 1620, 322 262. Commission by King James the Sixth, empowering Colin Lord Kintaill, Sir Lachlane McIntoshe of Dunauchtane, Sir Rorie McCleud of Hereiss, John Grant of Freuquhie, Sir John Campbell of Caldell, Campbell of Auchinbreck, Sir Coline Campbell of Ardkinglas, John McDonald McAllane VcEane of Ilantyrum, Captain of the Clan Rannald, Sir Donald Gorm of Slaitt, Sir John Grant apparent of Frewquhie, and others named, to act as justices and commissioners against Allan Cameron of Lochyell, to pursue him with fire and sword, and to apprehend him, that he may be brought before the Lords of Privy Council. Edinburgh, 18th June 1622, 334 263. Latter Will and Testament of Annas Grant, Lady Mackintosh, 9th October 1624, 337 264. Letter by King Charles the First to the Privy Council of Scotland, approving the course taken by them with the Laird of Grant in making him produce Alaster Grant, a rebel, and desiring that a similar policy should be adopted towards the Marquis of Huntlie. Oatlands, 31st July 1631, 337 [The Originals of Letters 264, 265, 266, and 267, are in the General Register House, Edinburgh.] lii ABSTRACT OF ADDITIONAL CHARTERS OF [1631- page 265. Letter, The Same to The Same, in reference to the trial of Alaster Grant, that it should be postponed till the 1 Oth of April next. Whythall, 1 0th November 1631, 338 266. The Same to The Same, containing instructions for a further postponement. 28th March 1632, 338 267. The Same to The Same, with instructions for taking security from John Grant of Glen moriston to attend his trial, which he desires to undergo. Whitehall, 21st April 1632, 339 268. Commission by King Charles the First, empowering Sir John Grant of Frewchie and his bailies to search for and pursue with hue and cry, thieves, sorners, and " maister- lesse persons," and other broken men of the Highlands, and apprehend them with a view to trial. Edinburgh, 17th February 1 635, 339 269. Certificate by Mr. John Chalmer, minister of Inveravon, in favour of the Laird of Grant, testifying to the Lords of the Privy Council that the Laird had been diligent in searching for James Grant (of Carron), Robert Grant his brother, and George Grant his son. Dated at Inveravon, 4th January 1636, 341 270. Notarial Instrument narrating a visit made to the Castle of Urquhart at the command of James Grant of Freuquhye, by John Grant of Dalrachnye, and others, to take an inventory of the plenishing of the castle, which had been despoiled. Dated at Urquhart, 27th June 1647, 341 271. Acknowledgment by the brothers and sister of James Grant of Freuquhy, of his forwardness to help them, and regretting the unnatural dealing of their brother Alexander Grant in suing the foresaid James at law, etc. Dated at Freuquhy, 22d August 1653, 342 272. Petition by the Presbytery of Strathspey, and heritors and wadsetters of the parishes of Abernethy, Kincardin, Glencarnie, and Rothiemurchus, addressed to Parliament for leave to appropriate the vacant stipends for a school in these parishes. Circa 1658, 343 273. Notarial Instrument narrating that James Ogilvie of Wester Cur, for himself and in name of the Laird of Grant, Patrick Grant of Tullochgorme, Patrick Grant of Clurie, and James Lowson of Eister Cur, passed to the Sconce, near Inverness, where he had twelve men for the three davochs of Tullochgorm, Clurie, and Cur, at work casting down the Sconce in obedience to the Earl of Murray's order, and there he took instruments that there was no overseer of the work on the Earl's behalf, etc. Done at the Sconce, near Inverness, 11th June 1662, 344 274. Copy Patent of proposed Earldom of Strathspey by King Charles the Second, whereby, in consideration of the services done by James Grant of Freuchie, specially under the late Marquis of Montrose, and that he is chief of the family of Grant, and descended of a very ancient and honourable race, etc., His Majesty ordains a letter to be passed, making, constituting, and creating the said James Grant of Freuchie, and the heirs-male gotten or to be gotten of his own body, whom failing, his nearest and I693-] THE GRANTS OF GRANT. liii PAGE lawful heirs-male whomsoever bearing the name and arms of Grant, to have the title, etc., of an Earl, and that they be called Earls of Strathspey, Lords Grant of Freuchie and Urquhart, with all other privileges belonging to the dignity of Earl, etc. [Undated, the warrant never having been signed], 345 275. Extract of recorded Testament-Testamentar, Inventory, and Latter Will of the deceased James Grant of Freuquhie, who died in September 1663, his testament being dated on 21st September of that year, and the inventory given up by the deceased's brother, Lieutenant-Colonel Patrick Grant, Tutor of Grant, in name of Ludovick Grant, lawful son and executor named by the deceased. Confirmed by the Commissary of Moray at Elgin, on 27th July 1665, and an additional inventory given up by Ludovick Grant of Freuchie is confirmed at Elgin, on 1st January 1677, 340 276. Bond by Robert Grant of Auchterblair, binding himself to his chief, Ludovick Grant of Freuchie, that Duncan Grant of MuUochard and his possessions shall remain unharmed by the granter, under the penalty of £1000 Scots for disobedience. Dated at MuUochard, 15th July 1675, 355 277. Declaration and Confession made by Donald McCoill Muil, servant to McAndro, tailor in Laggan Finlarge, giving an account of the theft of certain horses in August 1675. Dated at Ballachastell, 5th February 1676, 356 278. Extract Letter, directed by King James the Seventh to the Privy Council of Scotland, directing them to release the Laird of Grant from the effects of a sentence and fine pronounced against him at Elgin, on 11th February last (1685), for his own and his lady's nonconformity. In consideration of the Laird's zeal against the rebels at Bothwell Bridge in 1679, and against the late Earl of Argyll, the King discharges him of the fine, which amounted to £42,500 Scots, etc. Whitehall, 9th January 1686, 357 279. Obligation, signed by sixteen members of the Clan Macpherson, by which, considering that Duncan McPherson of Cluny, their present chief, has resolved to entail not his estate only, but also the representation of his clan, with his daughter to a stranger, past his righteous heir-male, the subscribers bind themselves to acknowledge no one as Duncan McPherson's representative, failing his heir-male, save William McPherson of Nuid, his true lineal successor, and his heirs-male, whom failing, the heirs-male whomsoever, etc. Subscribed at Beanchar, 14th 1689, 358 280. Extract Act of Parliament, in favour of Ludovick Grant of Freuchie, permitting free fairs and a weekly market for the convenience of the inhabitants of Inverness and Moray shires ; two free fairs at the Kirk of Kyllemoir in Urquhart yearly, in August and November ; two yearly fairs at Bellachastell in Inverness, in April and August ; a yearly fair at the Kirk of Duthill in Morayshire, in June ; a yearly fair in November at Abernethie, in Morayshire ; and a weekly market at Bellachastell every Friday, etc. Edinburgh, 15th June 1693, 359 liv ABSTRACT OF ADDITIONAL CHARTERS OF THE GRANTS OF GRANT. [1693. PAGE 281. Letter of Pension by James Earl of Perth, etc., in favour of Sir James Grant of Dalvey, advocate, giving to Sir James a yearly sum of 200 merks Scots from Whitsunday 1693, for his services as the Earl's advocate in all processes of law ; the payment of the first term to be at Whitsunday 1694. At Drummond Castle, 15th July 1693, 360 282. Patent by Queen Victoria, advancing and creating John Charles, Earl of Seafield, to the state, etc., of Baron Strathspey of Strathspey, in the counties of Inverness and Moray, to have and to hold the said dignity of Baron Strathspey of Strathspey, to him and the heirs-male of his body lawfully begotten and to be begotten ; the said John Charles, Earl of Seafield, and his heirs, as Barons Strathspey of Strathspey, to have a seat in the Parliament and assemblies of the United Kingdom of Great Britain and Ireland, and to enjoy all privileges belonging to other Barons of the United Kingdom, etc. Dated at Westminster, 14th August 1858, 361 LIST OF CHARTERS PRINTED IN ABRIDGED FORM. PAGE 283. Transumpt, dated 14th July 1478, of Instrument upon the Renunciation of Rothie murchus by Duncan and Lachlan in favour of Alexander Mackintosh. 10th October 1476, 363 284. Precept by George Earl of Huntly for infefting John Grant, son of Duncan Grant of Freuchie, in Fermestown, etc. 8th September 1478, 364 285. Charter by George Earl of Huntly to John Grant of Freuchie of the lands of Clewthre. 4th February 1491, 364 286. Charter by George Earl of Rothes to John Grant of Fruquhy of the lands of Muldaries. 25th November 1507, 364 287. Charter by Alexander Gaderar to John Grant of Fruchy of the lands of Auldcasche. 10th February 1512, 365 288. Instrument anent the performance of two contracts made between John Grant of Fruchy and John Cumming of Ernishedde. 8th September 1516, 365 289. Summons at the instance of James Grant of Freuchy against Finlay Farquharson and others for spoliation. 26th February [1532], 365 290. Feu-Charter by Patrick Bishop of Moray of the lands of Finlarg to William, son of James Grant of Freuchie. 7th May 1541, 366 291. Precept of Sasine by Patrick Bishop of Moray in favour of John Grant of Culcabok in Wester Ellochy. [7th May 1541] 367 1567.] LIST OF CHARTERS PRINTED IN ABRIDGED FORM. lv 292. Charter by Norman Leslie, fiar of Rothes, to James Grant of Fruquhy, of the lands of Muldares. 12th June 1541, 368 293. Sub-Lease by Donald Glass to Angus Williamson, his brother, of the lands of Ardinche and Ballynaspy. 20th May 1542, 368 294. Summons for Spoliation against Allester Grant and William Grant, his brother. 8th July [1542] 369 295. Contract between George Gordon of Rothiemurcus and Alexander Dolles of Cantray about Rothiemurchus. 29th December 1542, 369 296. Feu-Charter by Patrick Bishop of Moray to Duncan Grant of the lands of Easter EUochy . 1 6th January 1542, 371 297. Letters of Horning, James Grant of Freuchie against Margaret His and Thomas Dinwell of Kildune, as heirs of Sir Donald His of Lochelshe, for spoliation of Urquhart. 6th May 1549, 372 298. Paper respecting the legitimacy of Patrick, son of John Grant of Culcabok, being part of process before the Consistorial Court of Moray. 1549, 373 299. Contract between James Grant of Freuchie and Alexander Grant, brother of John Grant of Ballindalloch, as to Cardells. 26th July 1551, 376 300. Copy Marriage Contract between Thomas Cumming of Altyre and Margaret, daughter of James Grant of Freuchie. 15th September 1552, 377 301. Charter by Andrew Leslie, fiar of Rothes, to John Grant of Freuchy, of the lands of Muldares. 12th December 1554 379 302. Contract between John Grant and James Thorntoun, parson of Cromdale, as to Teinds. 4th October 1555, 379 303. Tack of Teinds by John Thorntoun, parson of Advie and Cromdale, to John Grant of Freuchie. 30th November 1555, 380 304. Contract of Marriage between William Fraser of Struie and Elspet, daughter of John Grant of Fruquhye. 19th January 1560, 380 305. Contract of Marriage between John Leslie, younger of Balquhain, and Elizabeth, daughter of John Grant of Freuchy. 15th February 1564, 381 306. Disposition by George Earl of Huntly to John Grant of Freuchy of the lands of Rothie murchus. 18th February 1566, 382 307. Charter by George Earl of Huntly to John Grant of Freuchie of the kirklands of Rothiemurchus. 1 4th July 1567, 384 308. Charter of Confirmation by Patrick Bishop of Moray to John Grant of Freuchie upon the kirklands of Rothiemurchus. 17th July 1567, 384 Ivi LIST OF CHARTERS [1568- page 309. Submission by Duncan Grant of Easter EUoquhy and James Grant of Wester EUoquhy of their dispute about marches, to arbitration. 6th April 1568, 385 310. Decreet-Arbitral in dispute between John Grant of Freuchie and James Grant of Kinkirdie about the marches of Kinkirdie and Glenchairnie. 3d May 1568, 386 311. Contract of Marriage between Colin Mackenzie of Kintail and Barbara, daughter of John Grant of Fruquhy. 26th July 1570, 388 312. Suspension at the instance of John Grant of Freuchie and others against George Bishop of Moray and Lachlan Mackintosh regarding payment of feu-maills. 8th June 1574, 390 313. Decreet by the Lords of Council and Session at the instance of John Grant of Freuchie and Isobel, his daughter, for registration of a contract, dated 21st January 1575, between them and John Leslie of Balquhain, regarding divorce of John Leslie and Isobel Grant. 5th March 1576, 391 314. Resignation of Corrimuny by John Grant iu favour of Duncan Grant, apparent of Freuchie. 20th May 1580, 393 315. Charter by John Grant of Fruquhye to Patrick Grant of Rothiemurchus, his son, of the lands of Finlarg. 26th December 1580, 394 316. Charter of Apprising to James Grant of Auchernack of the lands of Auchnarrows. 1st May 1585, 394 317. Summons for registering a Contract of Marriage, dated 17th March 1558, between Patrick Grant of Ballindalloch and Grissell Grant. 25th July 1586, 397 318. Assignation by James Lord Stewart of Newtoun to Patrick Grant of Rothiemurchus of the ward of Freuchie. 2d September 1586, 399 319. Summons against Jean Leslie, relict of John Grant of Freuchie. 26th November 1586, 400 320. Charter by James Grant of Auchernack to John Grant of Freuchie of Auchnarrows, etc. 2d October 1589, 400 321. Contract of Marriage between John Grant of Freuchie and Lady Lilias Murray. 15th April 1591, 401 322. Charter of Confirmation of grant by John Grant of Freuchie to Patrick, his brother, of Kessoryne and Strome. 13th July 1593, 402 323. Contract of Marriage between Alexander Cumming of Altyre and Elizabeth Grant. 27th April 1594, 403 324. Discharge by Kenneth Mackenzie of Kintail to John Grant of Freuquhie. 6th May 1606, 405 325. Tack of smaU teinds and vicarage to Lachlan Grant of Wester Elchies. 9th November 1607, 406 1622.] PRINTED IN ABRIDGED FORM. lvii PAGE 326. Disposition by James Earl of Murray to John Grant of Freuchie of the lands and lord ship of Abernethy. 13th April 1609, 406 327. Crown Charter of the lands and lordship of Abernethy. 1 7th June 1 609, 407 328. Disposition by Thomas Nairne of Cromdale to John Grant of Frewquhie of lands in the barony of Cromdale. 12th May 1609, 408 329. Crown Charter of the barony of Cromdale. 28th June 1 609, 408 330. Contract of Marriage between Lachlan Mackintosh of Dunachton and Annas Grant. 16th August 1611 410 331. Contract of Marriage between William Sutherland, apparent of Duffus, and Jean Grant. 19th September 1612, 411 332. Submission by Allan Cameron of Lochiel to arbiters in dispute between himself and the Earl of Argyll. 1612, 412 333. Contract of Marriage between Sir John Grant of Freuchie and Mary Ogilvie. 11th December 1613, 413 334. Decreet-Arbitral between John Grant of Freuquhy aud John Grant of Glenmoriston on the one part, and William Leslie on the other part. Dated 27th February 1611, and registered 16th June 1614, 415 335. Extract Decreet-Arbitral between Archibald Earl of Argyll and John Grant of Freuchie, regarding reset of the Clan Gregor. 3d February 1615, 417 336. Contract of Marriage, Duncan Grant of Clurie and Muriel Ross. 4th July 1615, 418 337. Contract between John Grant of Freuchie and Alexander Gordon of Strathavon, regard ing lands in the lordship of Strathavon. Dated 24th March 1612, and registered 17th February 1618, 419 338. Contract between William Earl of Tullibardine and John Graut of Freuquhy, regarding the lands of Clavalgis and others. 21st March 1618, 421 339. Copy Letters under the Signet for annexation of Cromdale and Inverallan parishes. 7th July 1618, 422 340. Disposition by John Earl of Rothes to John Grant of Freuchie, of the ward of Muldares. 9th January 1619, 423 341. Bond by Sir John Grant of Mulben as to Mackintosh's ward. 27th August 1622, ... 423 342. Contract between Sir John Grant of Fruquhye and Allan McRanuil of Lundie, for sale of the latter's woods. 6th October 1622, 424 343. Gift of the Escheat of Allan McRanuil to Sir John Grant. 7th December 1622, 426 344. Bond by Sir John Grant of Freuquhy to Colin Mackenzie, Lord Kintail, regarding the forest of Clunie and Glenloyne. 2 1st December 1622, 427 h Iviii LIST OF CHARTERS [1622- PAGK 345. Contract between Alexander Lord Spynie and Sir John Grant of Freuchie, regarding the patronages of the chancellary and sub-chantry of Moray. 24th December 1622, 428 346. Contract between Sir John Grant of Freuquhie and William Mackintosh of Torchastell, knight, and Allan Cameron of Lochiel, with John his son. 21st September 1623,... 431 347. Discharge to Sir John Grant of Freuchie of a fine of 2000 merks on behalf of Duncan Grant, younger of Rothiemurchus, for resetting the Clan Gregor. 7th May 1624,... 435 348. Decreet-Arbitral anent the marches of Muldaries. 7th September 1626, 436 349. Ratification by Alexander Innes, Chancellor of Moray, to Sir John Grant of Freuquhie, of tack of teinds. 16th November 1 626, 436 350. Contract of Excambion by Sir John Grant of Freuquhy with Lady Mary Ogilvie, his wife, of the liferent of the lands of Mulben for Lethin, etc. 27th October 1627, ... 437 351. Contract between Sir John Grant of Freuquhy and John Grant, fiar of Ballindalloch, and James Grant, grandson of John Grant of Ballindalloch, anent the lands of Ballindalloch. 19th March 1628, 440 352. Decreet by the Lords of Privy Council in favour of Sir John Grant, absolving him from the charge of resetting James Grant of Carron. 29th January 1629, 441 353. Contract, by which Sir John Grant of Freuquhie sells to Captain John Mason his woods of Abernethie, etc. 28th August 1630, 442 354. Act of the Court of Justiciary against Alister Grant. 4th August 1632, 443 355. Contract between Sir John Grant of Freuchie and Dame Mary Ogilvie, his wife, giving her the liferent of lands in Urquhart instead of Lethin, etc. 21st June 1634, 444 356. Retour of Sir John Grant of Freuquhie as heir to his father in Kinminitie, etc. 22d July 1634, 446 357. Charge to Sir John Grant to appear before the Lords of CouncU to give information as to depredations. 13th November 1634, 447 358. Draft Petition, John Grant, apparent of Ballindalloch, against the Lairds of Grant and Glenmoriston, for resetting of James Grant. January 1635, 448 359. Answers by the Laird of Grant to the Privy Council, as to settling the peace of the country. January 1635, 449 360. Contract of friendship and amity between Sir John Grant of Freuquhie and John Grant, fiar of Ballindalloch. 9th August 1635, 450 361. Summons to Thomas Grant, tutor of Carron, to appear before the Lords of Privy Council to answer for resetting James Grant. 1 4th April 1636, 451 362. Extract of the Criminal Process against McJockies (the Grants of Wester TuUoch). 14th July 1637, 451 I694-] PRINTED IN ABRIDGED FORM. lix PAG E 363. Receipt on delivery of the keys of Elchies Charter-chest by James Grant of Freuquhie to Patrick Grant of Ballindalloch and Robert Grant. 8th August 1640, 454 364. Contract of Marriage between Annas Grant and Kenneth Mackenzie of Gairloch. 17th October 1640, 454 365. Post-nuptial Contract of Marriage between James Grant of Freuchie and Lady Marie Stewart. 19th May 1643, 456 366. Decreet-Arbitral regarding the multures of the mUl of the Breas of Abernethie. 9th March 1647, 459 367. Agreement with masons respecting repairs on Castle Grant. 5th June 1649, 459 368. Agreement with slater for same. 1st November 1 649, 460 369. Note of the heads and conditions agreed upon between James Grant of Freuquhie and John Innes or McInnes, fowler. 9th August 1652, 461 370. Agreement by Dame Mary Stewart, Lady Grant, as to supply of provisions. 15th October 1652, 461 371. Letter of Pension to Alexander Cumming, piper. 5th April 1653, 462 372. Contract of Marriage between Mungo Grant in Duthil and Elizabeth Grant. 12th May 1664, 462 373. Contract of Marriage between John Byres of Coittis and Lilias Grant. 26th May 1666, 463 374. Disposition by David Cuming of Kinchirdie to Mungo Grant of the lands of Kinchirdie. 11th June 1667, 464 375. Submission and Decreet-Arbitral respecting satisfaction to be made for the slaughter of Lauchlan MTntosh and William McRob, etc. 15th August 1668, 467 376. Latter WiU and Testament of Alexander Fraser, tutor of Lovat. 9th November 1669, 468 377. Contract of Marriage between Ludovick Grant of Freuchie and Janet Brodie. 21st December 1671, 469 378. Disposition by Sibilla Mackenzie, relict of Alexander Fraser, tutor of Lovat, to Patrick Grant, tutor of Grant, her husband, of the escheat of the former. 21st June 1672, 472 379. Contract of Excambion between Ludovick Grant of Freuchie and John Grant of Corrie- mony, of the lands of Carnoch and Kerrownakeill, for Pitcherrell Croy and Aucha- temrack. 21st July 1674, 473 380. Instrument of Resignation by Sir James Grant of Dalvey of the lands of Gartenbeg, in favour of Ludovick Grant of Freuchie. 24th March 1691, 475 381. Crown Charter of the Regality of Grant. 28th February 1694, 476 lx LIST OF CHARTERS PRINTED IN ABRIDGED FORM. [1695. PAGE 382. Extract Act of Parliament in favour of the Laird of Grant, recommending him to King William for his losses from 1689-1693. 10th July 1695, 482 383. Instrument of Resignation of Abriachans, etc., in favour of Ludovick Grant of Grant. 12th June 1696, 484 384. Disposition by John Grant of Glenmoriston to Ludovick Grant of that Ilk of the lands of Culenakirk and Clunemore. 27th June 1696, 485 385. Sasine thereon. 30th July 1696, 485 386. Contract of Marriage, Alexander Grant, younger of Grant, and Elizabeth Stewart. 29th December 1699, 485 387. Articles for Contract of Marriage between James Grant of Pluscarden and Anna Colquhoun. 1 0th January 1702, 487 388. FuU Translation of Diploma in favour of Sir Humphrey Colquhoun of Luss of the dignity of knight-baronet. 29th April 1704, 489 389. Contract of Marriage between Hugh Rose, younger of Kilravock, and Elizabeth Grant. 23d May 1704, 492 390. Contract of Marriage between Colonel Alexander Grant, younger of Grant, and Anne Smith. 7th April 1709, 492 391. Will and Testament of Alexander Grant of Grant. 28th March 1710, 493 392. Articles of Marriage, Lieutenant-Colonel William Grant of Ballindalloch and Anne Grant. 30th October 1711, 494 393. Articles of Marriage between Ludovick Colquhoun of Luss and Marion Dalrymple. 13th August 1728, 495 1 1® citrf CHARTERS AND MISCELLANEOUS WRITS OF THE GRANTS OF GRANT A.D. I 1 80 — 1735- 1. Charter by King William the Lion to Gilbert Earl of Strathern, of Kinbethach. [Circa 1 1 80.]1 Willelmds Dei gracia Rex Scottorum, episcopis, abbatibus, comitibus, baronibus, iusticiis, vicecomitibus, ministris, et omnibus probis hominibus tocius terre sue, salutem : Sciant presentes et futuri me dedisse et concessisse, et hac carta mea confirmasse Comiti Gileberto de Stradhern, Kinbethach per suas rectas diuisas, et cum omnibus iustis pertinenciis suis : Tenendum sibi et heredibus suis de me et heredibus meis, ita libere et quiete sicut tenet comitatum de Stradherii : Testibus, Hugone episcopo Sancti Andree, Dauide fratre meo, Comite Dunecano, Comite G. de Anegus, Waltero de Berkelai camerario, Johanne de Lundoniis, Roberto de Berkelai, Malcolmo Mac Gillis, GiUecristo Mac Imensanniel, Gillemichaele Mac Dunecan, Gillecolmo marescaldo. 2. Charter by King William the Lion, confirming a Gift by Gilbert Earl of Strathern to Gilchrist his son, of Kinnebethin and Glancarnin. 1 6th April [circa 1205]. Willelmus Dei gratia Rex Scottorum, omnibus probis hominibus tocius terre sue, clericis et laicis, salutem : Sciant presentes et futuri me concessisse, et hac carta mea confirmasse dona- tionem illam quam Comes Gillebertus de Stradhern fecit GiUecristo filio suo, de Kinnebethin et de Glancarnin, per rectas diuisas suas, et cum omnibus iustis pertinenciis suis : Tenendis sibi et heredibus suis de predicto Comite Gilleberto et heredibus suis, in feudo et hereditate, cum omnibus [ad predictas] terras iuste pertinentibus, ita libere et quiete, plenarie et hon- orifice, sicut carta predicti Comitis Gilleberti iuste testatur ; saluo seruicio meo : Testibus, Florencio electo Glasguensi cancellario meo, Comite Malcolmo de Fif, Philippo de Valoniis camerario meo, Willelmo Cumin, Dauide de Haia, Willelmo Giffard, Dauide marescallo, Ricardo Reuel ; apud Forfare, xvi. die Aprilis. 1 Original Charter iu the Charter-chest of the Duke of Athole. A 2 CHARTERS AND MISCELLANEOUS WRITS [1220- 3. Confirmation by King Alexander the Second of the Grant by Gilbert Earl of Strathern to his son Gilchrist, of Kinnebethin and Glancarnin. 12th February [1220-6]. Alexander Dei gratia Rex Scottorum, omnibus probis hominibus tocius terre sue, clericis et laicis, salutem : Sciant presentes et futuri me concessisse, et hac carta mea confirmasse donationem illam quam Comes Gillebertus de Stradhern fecit GiUecristo filio suo de Kinebethin et de Glancarnin, per rectas diuisas suas, et cum omnibus iustis pertinentiis suis : Tenendis sibi et heredibus suis de predicto Comite Gilleberto et heredibus suis in feudo et hereditate, cum omnibus ad predictas terras iuste pertinentibus, ita libere et quiete, plenarie et honorifice, sicut carta predicti Comitis Gilleberti et confirmacio domini Regis Willelmi, patris mei, iuste testantur ; saluo servicio meo : Testibus, Willelmo de Boscho cancellario, Willelmo Cumin comite de Buhhan, iusticiario Scottie, Alexandro vicecomite de Striuelin, Waltero de Lindesey, Roberto de Sancto Claro, Ricardo filio Michaelis; apud Dunfermelyn, xii. die Februarii. 4. Notarial Transumpt, dated loth June 1476, of a Charter by King Alexander the Second to the Bishop of Moray, of the lands of Rothiemurchus. 31st March [1226]. In Dei nomine amen. Per hoc presens publicum instrumentum cunctis pateat euidenter quod anno ab incarnacione Domini millesimo quadringentesimo septuagesimo sexto, mensis vero Junii die decima quinta, indictione nona, pontificatus sanctissimi in Christo patris ac domini nostri, domini Sixti diuina prouidencia pape quarti, anno quinto ; in mei notarii publici testiumque infrascriptorum presencia, personaliter constitutus honorabilis et prouidus vir, Alexander McKintoiche de Reddomurcus, quoddam registrum autenticum ecclesie cathedralis Morauiensis, in quoquidem registro vera copia carte terrarum de Reddomurcus inserebatur ac inscribebatur, in presentia venerabilis ac magne circumspectionis viri, magistri Villelmi de Byrnetht, vicarii ecclesiarum de Eskill et Duple, Morauiensis diocesis, ac commissarii generalis Morauiensis diocesis antedicte, pro tribunali sedentis in ecclesia cathedrali predicta, loco consistoriali eiusdem, in medium produxit ; eamdemque veram copiam per me notarium subscriptum ibidem perlegi, ac de eodem extrahi, exemplari, transsumi, autenticari, et in publicam formam redigi, fidemque in iudicio et extra transsumpto exinde confecto sicut carte dictarum terrarum de Reddomurcus originali dari et concedi per prefatum dominum commissarium iudicem decernique et declarari, vnacum interpositione decreti et appensione sigilli sui quo vtitur in officio, ad futuram rei memoriam, humiliter postulauit et requisiuit, cum effectu : Cuius carte copie in iudicio sic perlecte tenor de verbo in verbum sequitur et est talis : — Alexander Dei gracia Rex Scotorum, omnibus probis hominibus tocius terre sue, clericis et laicis, salutem : Sciant presentes et futuri me dedisse et concessisse, et hac presenti carta mea confirmasse Deo et ecclesie Morauiensi, et Andree episcopo Morauiensi, et successoribus suis, episcopis Morauiensibus, terram de Rathmorchus per suas rectas diuisas et cum iustis pertinenciis v c^.,_3% *t 7$ *>— > tf ft ^ » ^ -Star <4 4 $ I'i Hh 14^ r 4- "t" * d- ^s •4J &*3 1226.] OF THE GRANTS OF GRANT. 3 suis, in excambium terrarum quas predictus episcopus Morauiensis peciit in forestis nostris, scilicet, vnam dauacham et dimediam in foresta de Inuerculane apud Calrunelan et Belethyn, et dimediam dauacham in landis Morgundi, et quartam partem vnius dauache in Pluscardyn, et dimediam dauacham in Ternway, et in eadem foresta dimediam dauacham ex altera parte aque de Fynderne ex opposito ecclesie de Logyn, et triginta acras in Wytfeilde apud Rath, et quindecim acras apud Duldawy : Saluis eidem episcopo et successoribus eius aliis terris et pasturis per rectas diuisas suas, quas ipse et predecessores sui iuste habuerunt in forestis nostris ante istam donacionem : Tenendam predicto Andree episcopo et successoribus eius ita libere [et] quiete, sicut alii episcopi Scocie terras suas liberius et quiecius tenent et possident : Faciendo forinsecum seruicium quod ad terram illam pertinet. Concessimus etiam predicto Andree episcopo et successoribus suis predictam terram de Rathmorcus in forestam : Quare prohibemus firmiter ne quis in eadem terra sine eorum licentia secet aut venetur super nostram plenariam forisfacturam decern librarum : Testibus, Comite Patricio, Comite Macolmo de Fiffe, Allano filio Rollandi constabulario, Valtero filio Alani senescallo, Waltero Olifard iusticiario Laodonie, Henrico de Bayllol camerario, Ingeram de Bayllol vicecomite de Bervyk, Johanne de Hay vicecomite de Perth, Villelmo Munfichet; apud Striuelynge, vltimo die Marcii, anno regni nostri duodecimo.1 Post [cuiusquidem] registri in iudicio presentacionem, et preinserte carte copie lecturam, prefatus dominus commissarius iudex attendens postulacionem et requisicionem huiusmodi fore iustas et racioni consonas, preinsertam carte copiam de predicto registro extrahere, exemplare, transsumere, et in publicam formam transsumpti, seruatis seruandis, fideliter redigere mandauit : Et ad tollendum omne dubium, decretum autoritate sua predicta, vnacum appensione sui sigilli quo in officio vtitur, interposuit ; videlicet, quod presenti transsumpto in iudicio et extra vbique locorum plena et indubitata fides adhibeatur sicut preinserte copie seu carte originali : Super quibus omnibus et singulis prefatus Alexander McKyntoiche a me notario publico siue a nobis notariis publicis subscriptis sibi fieri peciit publicum seu publica instrumentum seu instrumenta : Acta erant hec loco quo supra, sub anno, mense, die, indiccione et pontificatu quibus supra ; presentibus ibidem, venerabilibus et discretis viris, magistris Alexandro Stewart, Johanne Vyncestre, dicte ecclesie cathedralis Morauiensis cancellario et subdecano, Villelmo Mowat eiusdem ecclesie canonico, dominis Finlao Bell, rectore de Croy in eadem, Henrico Lychtovn, Valtero Byrneth, Patricio Thome, et Gilberto Finrosse, cum diuersis aliis ad premissa vocatis specialiter et rogatis. Et ego Willelmus Galbrath, presbyter Glasguensis diocesis, publicus autoritatibus imperiali ac regali notarius, dicti registri in iudicio productioni [etc.] Et ego Johannes Gy, presbyter Brechinensis diocesis, publicus auctoritate imperiali notarius, quia premissis omnibus et singulis [etc., in forma communi]. 1 The blanks in this Transumpt are filled up from the Registrum Episcopatus Moraviensis, p. 21. 4 CHARTERS AND MISCELLANEOUS WRITS [1232- 5. Agreement between Andrew Bishop of Moray and Gilbert, son of the Earl of Strathern, anent the lands of Kyncarny. 12th September 1232. Omnibus hoc scriptum visuris vel audituris : Noverint omnes, de consilio et consensu et voluntate decani et capituli Moraviensis ecclesie cathedralis, convenisse inter Andream Moraviensem episcopum ex parte una, et Gylbertum filium Gylberti quondam comitis de Stratheren ex altera, sub hac forma, scilicet : Quod predictus Gylbertus et heredes sui tenebunt de predicto episcopo et successoribus suis ad feodifirmam dimidiam dauacham de Kyncarny, per rectas divisas et cum omnibus justis pertinentiis suis : Reddendo inde singulis annis predicto episcopo et successoribus suis, pro omni servitio et exactione ad eosdem pertinentibus, tres marcas sterlingorum legalium ; medietatem, scilicet, ad Pentecosten et aliam medietatem ad festum Sancti Martini in hyeme proxime sequens : Faciendo forinsecum servitium domini Regis quantum ad predictam terram pertinet : Si autem predicta terra per guerram fuerit destructa, secundum arbitrium bonorum virorum de predicta firma minuetur ; salvis etiam predicto episcopo et successoribus suis nativis hominibus dicte terre omnibus et singulis : Si autem contigerit quod predictus Gylbertus vel aliquis heredum suorum contra predictam conventionem venire presumpserit, dabit nomine pene episcopo Moraviensi x marcas sterlingorum legalium; manente iiichilominus et firmiter observanda ab eisdem predicta conventione ; hoc autem fiet quotienscunque dictam conventionem dictus Gylbertus vel aliquis heredum suorum infringere presumpserit : In premissorum autem firmum et indubitabile testimonium illi parti hujus scripture in modum cyrographi confecte, que remansura est apud predictum Gylbertum et heredes suos, apposita sunt sigilla predictorum episcopi et capituli sui cum subscriptionibus eorundem ; alteri vero, que remansura est apud predictum episcopum et successores suos, appositum est sigillum Gylberti cum signo ejusdem manifesto : Testibus, domino S. decano Moraviensis ecclesie, magistro W. precentore, Ranulpho archidiacono, Willelmo cancellario, Gylberto de Bradhouche, N. monacho Vallis Crescentis, Petro et Johanne clericis nostris, Symone de Orreby, R. camerario, W. de Sutherlandia, W. filio F. comitis de Ros. Actum anno gratie m°cc°xxxii°, pridie Idus Septembris.1 6. Charter by Alan, Hostiarius [Doorward] of Scotland, to Sir Gilbert of Glenkerny, of the half of Tulachfyny, in Mar. [Circa 1 256.] Omnibus hoc scriptum visuris uel audituris, Alanus Hostiarius Scocie, salutem in Domino sempiternam : Nouerit vniuersitas vestra me dedisse, concessisse, et hac presenti carta mea confirmasse domino Gilberto de Glenkerny, pro homagio et seruicio suo, medietatem tocius terre mee de Tulachfyny in Marr: Tenendam et habendam dicto domino Gilberto, et 1 Registrum Moraviense, p. 89. ih& S ire 1 >! aL I ^ £ ^ - I ^ ©JLl-l L4* . S la *| ttiiliiffi!^ ^t^ **§ § | f Xi » - ¦ M? J$ § <=? £ 1^1 i * ^ I ?$VsrT2*i3*M lite % V « fir If Is* IfUigijlj 114.4 11 / ^ ~'^TOM«*«#si 4 ¥ <© & ? y^: w* Jp A & & $ 1258.] OF THE GRANTS OF GRANT. f> heredibus suis uel assingnatis, in feodo et hereditate, de me et heredibus meis, per omnes rectas diuisas suas, cum omnibus pertinenciis atque asyamentis ad dictam terram pertinen- tibus uel de iure pertinere valentibus, in bosco et piano, in viis et semitis, in pratis et pascuis, in moris et maresiis, in stangnis et molendinis, in petariis et turbariis, et cum omnibus aliis libertatibus et iustis suis pertinenciis, tarn non nominatis quam nominatis, libere, quiete, plenarie et honorifice, ab omni seruicio seculari, exaccione, consuetudine et demanda : Faciendo tamen dictus dominus Gilbertus et heredes sui uel assingnati forinscecum seruicium domini Regis Scoticanum, quando accidet, quantum pertinet ad tantam terram; et pro predicto forinsceco seruicio domini Regis faciendo, dictus dominus Gilbertus, et heredes sui siue assingnati, erunt liberi et quieti ab omni secta curie mee et heredum meorum : Ego vero Alanus Hostiarius et heredes mei predictam terram de Tulachfyny cum pertinenciis, et omnibus libertatibus suis, sicut prenominatum est, predicto domino Gilberto, et heredibus suis uel assingnatis, contra omnes homines et feminas warantizabimus, adquietabimus, et in perpetuum defendemus : Et ut hec mea donacio rata permaneat et stabilis, huic scripto sigillum meum apposui; hiis testibus, dominis Roberto Byset, Thoma Byset, Thoma Sybaud, Thoma Hostiario, Johanne Prate, Magistro Dauid rectore ecclesie de Glenberuy, Magistro Ricardo rectore Pontis de Spe, domino Roberto capellano, Willelmo clerico et aliis.1 7. Charter by John Prat to Sir Robert le Grant of the lands of Clonmanache. [Circa 1258.] Omnibus hoc scriptum uisuris et audituris, Johannes Prat, salutem : Sciant presentes et futuri me dedisse, concessisse, et hac carta mea confirmasse et quietum clamasse domino Roberto le Grant et heredibus suis totam terram de Clonmanache, de qua contencio fuit inter patrem meum et predictum Robertum : Tenendam et habendam sibi et heredibus suis de me et heredibus meis, in feudo et hereditate, cum [per] totas rectas diuisas suas et cum omnibus iustis pertinenciis suis, libere et quiete, plenarie et honorifice, in bosco et piano, in pratis et pascuis, in moris et maresciis, in stangnis et molendinis, in aquis et piscariis, in venatibus, et in omnibus aliis asiamentis, quantum aliquis homo facere possit in sua propria terra : Reddendo inde annuatim michi et heredibus meis predictus Robertus et heredes sui vnam marcam argenti pro omni seruicio et demanda, scilicet, medietatem ad Pentechosten et aliam medietatem ad festum Sancti Martini in hieme : Hiis testibus, domino Johanne 1 In a quitclaim of the lands of Kingoldrurn by probable that this charter was granted about the Sir Alan Durward, justiciar of Scotland, dated same time. [Registrum Vetus de Aberbrothoc, pp. 1256, Sir Thomas Byseth and Sir Thomas "Hos- 227, 228.] tiarius, meus filius," occur as witnesses, and it is 6 CHARTERS AND MISCELLANEOUS WRITS [1267- Byset, domino Alexandra de Striuelin, domino Willelmo filio Augustini, Gilmaluoc mac Thomas, Hugone Lornac, et multis aliis.1 8. Confirmation by King Alexander the Third of a Grant by John Prat, knight, to Gilbert of Glennegerni younger, and Marjory his spouse, of the lands of Daltely. 14th August [1267]. Alexander Dei gracia Rex Scottorum, omnibus probis hominibus tocius terre sue, salutem : Sciatis nos concessisse, et hac presenti carta nostra confirmasse donationem illam quam Johannes Prat, miles, fecit Gilberto de Glennegerni iuniori, et Mariorie sponse sue, sorori dicti Johannis, et eorum heredibus de ipsis procreatis, de tota terra sua de Daltely in Morauia cum pertinenciis, sine aliquo retinemento : Tenenda et habenda eidem Gilberto et Mariorie sponse sue, et eorum heredibus de ipsis procreatis, de predicto Johanne et heredibus suis, in feodo et hereditate, per rectas diuisas suas, et cum omnibus pertinenciis suis, liber tatibus et aysiamentis ad predictam terram pertinentibus, adeo libere et quiete, plenarie et honorifice, sicut carta ipsius Johannis exinde confecta plenius iuste testatur ; saluo seruicio nostro : Testibus, Colbano comite de Fif, Alano Hostiario, Hugone de Abirnithyn, Eustachio de Turribus, Reginaldo le Chene, et Alexandre de Morauia ; apud Obeyne, quarto decimo die Augusti, anno regni nostri nono decimo. 9. Confirmation by King Alexander the Third, of a Gift by Walter Stewart, Earl of Menteith, to Gilbert, son of Gilbert of Glenkerny, knight, of the half of Broculy. 14th August [1 267]. Alexander Dei gracia Rex Scottorum, omnibus probis hominibus tocius terre sue, salutem : Sciatis nos concessisse, et hac presenti carta nostra confirmasse donationem illam quam Walterus Senescallus, comes de Meneteth, fecit Gilberto filio Gilberti de Glenkerny, militi, de consensu et voluntate Marie sponse sue, comitisse de Meneteth, de medietate ville de Broculy cum pertinenciis, videlicet, ilia medietate que iacet in parte orientali uersus marchias de Eglysdissentyne : Tenenda et habenda eidem Gilberto et heredibus suis, de predictis Waltero Comite et Maria sponsa sua, et eorum heredibus, in feodo et hereditate, per rectas diuisas suas, et cum omnibus iustis pertinenciis suis, libertatibus et aysiamentis ad predictam medietatem ville de Broculy pertinentibus, adeo libere et quiete, plenarie et honorifice, sicut carta predicti Walteri Comitis eidem Gilberto exinde confecta plenius iuste testatur ; saluo seruitio nostro : Testibus, Colbano comite de Fife, Alano Hostiario, Hugone de Abirnithyn, 1 Sir John Byseth, Sir W. Augustini, Sirs Lau- Byseth in 1258. [Registrum Moraviense, pp. 133- rence and Robert called Grant occur in an agree- 135.] ment between the Bishop of Moray and Sir John rf^ «*^JUJs*-r I Fell «r J I Mr a (« W-Ll ! * fe fl $ M Ml mii fer 1 4 J HI il fe^k^i- 1298.] OF THE GRANTS OF GRANT. 7 Eustachio de Turribus, Reginaldo le Chene, et Alexandra de Morauia ; apud Obeyne, quarto decimo die Augusti, anno regni nostri nono decimo. 10. Charter by Gilbert third Lord of Glenkerny, knight, to Gilbert his eldest son, of the land of Gerbothy. 2d February 1280. Omnibus Christi fidelibus hoc scriptum visuris vel audituris, Gilbertus tercius dominus de Glenkerny, miles, salutem in Domino : Nouerit vniuersitas vestra me, cum spontanea volun tate Matilde mee sponse, dedisse Gilberto filio meo primogenito totam terram de Gerbothy cum pertinenciis, pro homagio et seruicio suo : Habendam et tenendam dicto Gilberto et here dibus suis de ipso procreatis in perpetuum, libere, quiete, et plenarie, cum omnibus libertatibus et asyamentis ad dictam terram pertinentibus, de me et dicta Matilda : Reddendo inde annuatim michi vel dicte Matilde vnum par albarum cyrothecarum ad Pentecosten pro omni seruicio, consuetudine et demanda, et faciendo Scoticanum seruicium domini Regis quantum ad dictam terram pertinet : Ego vero et dicta Matilda dicto Gilberto et heredibus suis superius notatis predictam terram cum pertinenciis contra omnes homines et feminas in perpetuum warantizabimus, adquietabimus et defendemus : In cuius rei testimonium huic scripto sigillum meum, vna cum sigillo dicte Matilde, est appositum : Testibus, dominis Johanne de Striuelyn, Johanne Prat, Willelmo de Dolays, militibus ; Jacobo de Mar, magistro Henrico cancellario Morauiensi, domino Johanne archidiacono Morauiensi, domino Radulpho subdecano Morauiensi. Datum apud Glenkerny, in festo purificacionis Beate Marie, anno Domini millesimo ducentesimo octogesimo. 11. Charter by Gilbert of Glencarny to Duncan of Feryndrawcht, of the east davach of the land of Conynges. [1281-1298.] Omnibus Christi fidelibus hanc cartam visuris uel audituris, Gilbertus de Glencarny, salutem in Domino : Noueritis me dedisse, concessisse, et hac presenti carta mea confirmasse Duncano de Feryndrawcht in libero maritagio cum Marioria filia mea, et heredibus de eis exeuntibus, orientalem dauatam terre de Conynges, per suas rectas diuisas, in tenemento de Abirnythyn, cum homagio et seruicio tenentis mei dauate terre de Westir Coninges, et cum omni iure et dominio michi aut heredibus meis quocumque casu competituro, tarn in dicta dauata terre quam in tenente eiusdem ; quam, videlicet, dauatam Cecilia filia quondam domini Willelmi Ruffi, militis, de me tenet in feodo et hereditate, pro homagio et seruicio : Tenendam et habendam dictis Duncano et Mariorie et heredibus suis predictis, in libero maritagio, cum omnibus suis aysiamentis, libertatibus, pertinenciis et pertinere valentibus, in bosco et piano, in pratis et pascuis, moris et marisiis, aquis et molendinis, stagnis et lacubus, aucupa- cionibus et venacionibus, adeo libere, quiete, plenarie et honorifice, sicut aliquis in regno 8 CHARTERS AND MISCELLANEOUS WRITS [1306- Scocie aliquam terram in libero maritagio ex dono et concessione alicuius baronis liberius, quiecius, plenius, et honorificencius habeat, teneat, siue possideat : Ego vero Gilbertus pre dictam terram de Conynges, cum homagio et seruicio tenentis supradicti de Westyr Conynges et omnibus aliis prenominatis, dicto Duncano et Mariorie sponse sue predicte, ac heredibus de eisdem exeuntibus, ego Gilbertus et heredes mei contra omnes homines warantizabimus, acquietabimus, et defendemus in perpetuum : In cuius rei testimonium presentem cartam sigilli mei munimine roboraui ; hiis testibus, venerabilibus patribus, dominis Dei gracia Archebaldo et Henrico episcopis Morauiensi et Aberdonensi, dominis Reginaldo le Chen et Willelmo de Dolays, militibus, magistris Willelmo de Cressewell cancellario Morauiensi, domino Johanne de Dunde, prebendario de Duffhus, Laurencio de Strathbolgy, A . . . filio Stephani, Johanne Walensi, Roberto de Jonistoun, Gilberto de Glencarny filio, et multis aliis. 1 2. Grant by Malise Earl of Strathern in favour of Sir Gilbert of Glenkerny. 26th June 1306. Vniuersis presentes literas visuris uel audituris, Malisius Comes de Stratheren, salutem in Domino sempiternam : Pro eo quod dominus Gilbertus de Glenkerny pater, dilectus noster et specialis, de tarn bono affectu nobis seruicium suum prestitit corporale, adhereudo nobiscum et commorando cum vi sua et potencia in guerra Scocie, contra tenorem carte sue de tenemento suo de Glenkerny quod de nobis tenet ; volumus et concedimus et protestamur, pro nobis et heredibus nostris, quod illud seruicium taliter nobis impensum nullum sibi uel heredibus suis aut tenori carte sue in posterum faciet nee generabit preiudicium, nee etiam erit in aliquo tempore nobis seu heredibus nostris debitum aut consuetum, nisi ad voluntatem ipsius domini Gilberti aut heredum suorum : In cuius rei testimonium presentibus literis sigillum nostrum apposuimus. Datum aput Perth, die dominica proxima post festum Sancti Johannis Baptiste, anno grade millesimo tricentesimo sexto. 13. Charter by John Randolph, Earl of Moray, to John the Grant, of the land of Dovely, with the keeping of the Castle of Tarneway. 1st April 1346. Omnibus hanc cartam visuris vel audituris, Johannes Ranulphi, comes Morauie, dominus Vallis Anandie et Mannie, salutem in Domino : Sciatis nos dedisse, concessisse, et hac presenti carta nostra confirmasse dilecto et fideli nostro Johanni le Grawnt et heredibus suis, totam terram de Dovely cum omnibus pertinenciis suis, commoditatibus, libertatibus et asyamentis quoquomodo spectantibus, seu spectare valentibus in futurum, vna cum custodia turris nostre et manerii nostri de Tarneway, super sumptibus nostris propriis, ac eciam cum custodia tocius foreste nostre extra parcum nostrum : Tenendam et habendam dicto Johanni et heredibus suis de nobis et heredibus nostris, in feodo et hereditate, libere, quiete, plenarie •ES? rut •fiVut «xsft ^iheSxto Sfc.afo»cmrcu>?' OYvn^Ttl^m\? Simmn ctfc Jut «TOp^«w»© '*/4we ^lftyow« fc^cemf ^Wiiif tec €a^-tn ©tfiuli mv\ apwwmne v^Wrnrn • ^n6 «m»? V&cnawite wpkj t^ife ¦&£ ^Javf anJrcfc -^Ajpfif ^>fe Sd ^^c^^cmi<^ A* | i ¦i ^ nt V «=Ha (^<$lc*&gf GymtiuamtyQjb X^g^afa Xj^fo<&o*&*^^ n ATtrrtioityGt Sj^ftto v$y»«sr 1360.] OP THE GRANTS OP GRANT. 11 prefato Willelmo et heredibus suis inter ipsum et prenominatam Elizabet procreatis et procreandis, in omnibus et per omnia, warantizabimus, acquietabimus, et in perpetuum defendemus : In cuius rei testimonium presenti carte nostre sigillum nostrum apposuimus ; hiis testibus, venerabili in Christo patre ac domino, domino Alexandro Dei gracia episcopo Rossensi, domino Roberto priore de Bello Loco, Johanne de Haya domino de Tulibothvile, Laurentio Corbet et Johanne Corbet, ac multis aliis. 1 6. Charter by John Skinner, burgess of Inverness, to John called Scotte,1 burgess thereof, of his land and houses in Inverness. Circa 1360. Omnibus hoc scriptum visuris vel audituris, Johannes dictus Pelliparius, burgensis de Inuirnisse, films et heres Johannis quondam corigiarii, eternam in Domino salutem : Noueritis me concessisse, et ad feodifirmam dimisisse Johanni dicto Scotte, burgensi de Innirnis, totam illam terram cum edificiis et pertinenciis suis in dicta villa, in longitudine iacentem inter terram Alexandri dicti Pilche, ex parte occidentali, et vicum regium dictum viam Ecclesie ex parte orientali, et se extendit in latitudine vsque ad terram Hugonis dicti Boyde versus boream, et viam Pontis prenominatam versus austrum : Habendam et tenendam dicto Johanni Scotte, heredibus suis et assignatis suis, de me et heredibus meis, libere, quiete, bene et in pace, in feodo et hereditate in perpetuum : Faciendo inde domino nostro Regi et burgo dicte ville de Inuirnisse in vicinitate omnia seruicia inde debita et consueta ; et reddendo inde annuatim michi et heredibus meis tresdecim solidos sterlingorum et quatuor denarios argenti vsualis monete, ad terminos Pentecostes et Sancti Martini in hyeme, per equales porciones, pro omnibus aliis seruiciis terrenis tantum : Et ego Johannes dictus Pelliparius et heredes mei totam predictam terram cum edificiis et pertinenciis suis omnibus predicto Johanni Scotte, heredibus et assignatis suis predictis, pro predictis seruiciis tantum, contra omnes homines et feminas warantizabimus, acquietabimus, et in perpetuum defendemus : Et ad omnia et singula supradicta firmiter et fideliter obseruanda, pro me et heredibus meis, fidem prestiti corporalem, subiiciendo me et heredes meos iurisdictioni dominorum episcopi et decani cum capitulo Morauiensi, vt liceat eis seu eorum alteri a nobis seu nostrum quocunque centum libras argenti immediate leuare, huic scripto contradicente seu contradicentibus in aliquo, et nos pro eisdem districte compellere ; nichilominus presente scripto inuiolabiliter in suo robore duraturo. In huius testimonium huic scripto sigillum meum apposui : Et quia sigillum meum minus extat cognitum, ad huius scrip ti maiorem roboracionem et securitatem, sigilla Alexandri dicti Pilche, aldromanni, Alexandri dicti Yrinpurs, Simonis de Diggeual, et Willelmi de Grenlau, balliuorum dicte ville, Willelmi 1 John Scott was Custumar of Inverness in 1364. Monans, in Fife. [The Exchequer Rolls of Scotland. His ship was hired in 1366 and 1369 to carry timber vol. ii. pp. 196, 243, 329.] from Inverness for building the Church of Saint 12 CHARTERS AND MISCELLANEOUS WRITS [1362- dicti Pilche, clerici, Johannis dicti Tinctoris, Johannis EUotsoun, dicte ville conburgensium, ad hoc specialiter per me requisitorum, vna cum sigillo communi dicte ville iuxta meum presenti scripto apponi procuraui et feci ; hiis testibus, Willelmo de Sticlau, Galfrido filio Betti, Willelmo Rose, Willelmo Dicsoun, Rogero Pollok, Thoma dicto Dyll, Alexandra filio Laurencii, et aliis. 17. Charter by King David the Second to Gilbert of Glencharny, of the barony of Glencharny. 18th January [1362]. David Dei gracia Rex Scottorum, omnibus probis hominibus tocius terre sue, clericis et laicis, salutem : Sciatis nos dedisse, concessisse, et hac presenti carta nostra confirmasse dilecto et fideli nostro Gilberto de Glencharny omnes terras baronie de Glencharny cum pertinenciis, in comitatu Morauie infra vicecomitatum de Inuernyss : Quasquidem terras cum pertinenciis predictus Gilbertus, non vi aut metu ductus, nee errrore lapsus, set mera et spontanea volun tate sua, nobis per fustum et baculum sursum reddidit, pureque et simpliciter resignauit, ac totum ius et clameum quod in dictis terris habuit vel habere potuit in futurum, pro se et heredibus suis, omnino quietum clamauit in perpetuum : Tenendas et habendas eidem Gilberto et heredibus suis de corpore suo legitime procreandis, viz., masculis, quibus here dibus masculis fortasse deficientibus, Duncano Fraser et Cristiane sponse sue, sorori dicti Gilberti, ac eorum diucius viuenti, et heredibus masculis de eorum corporibus legitime procreandis, et ipsis deficientibus, heredibus dicti Gilberti linealiter descendentibus, in feodo et hereditate, per omnes rectas metas et diuisas suas ; cum omnibus libertatibus, commodita tibus, aysiamentis et iustis pertinenciis quibuscunque, ad dictas terras spectantibus, seu quoquomodo iuste spectare valentibus in futurum ; adeo libere et quiete, plenarie, integre et honorifice, in omnibus et per omnia, sicut predictus Gilbertus ante resignationem suam nobis de dictis terris factam, vel aliquis antecessor eiusdem Gilberti dictas terras cum pertinenciis liberius, quiecius, plenius, integrius, et honorificentius juste tenuit seu possedit : Faciendo de dictis terris seruicia debita de eisdem et consueta. In cuius rei testimonium presenti carte nostre sigillum nostrum precepimus apponi ; testibus, venerabilibus in Christo patribus, Alexandro episcopo Abirdonensi et Patricio episcopo Brechinensi, cancellario nostro, Roberto senescallo nostro Scocie, comite de Stratherne, nepote nostro, Willelmo de Keth, marescallo nostro Scocie, Roberto de Erskyne, et Waltero Moygne, militibus ; apud Abirden, xviijuo die Januarii, anno regni nostri tricesimo tercio. 18. Procuratory by John of Hay, Lord of Tulybothill, for infefting Gilbert of Glenkerny in the lordship of Glenkerny. 4th March 1364. Vniuersis ad quos presentes litere [peruenerint Johannes] de Haia, dominus de Tolybotvyll et vicecomes de . . . . salutem in Domino : Nouerit vniuersitas vestra nos fecisse, I fcfc §& AUCtS ^ 1 III* LI ^ | '«, | r 11 i O t i ^ principale baillie of Kinlos, for all the dayis and space of his liftym, enterand heirto the day of the dait heirof: Gevand, grantand and committand to oure said baillie oure werray lauchfull and plane power, for ws and in oure name courtis within oure barony of Kinlos to sett, afferme, and hald ; baillie deputis, clerkis of courtis and officiaris be oure command, assent and awise, to create and caus be sworne ; trespassouris and faltouris to punys ; vnlawis and amerchiamentes, at oure command, and to oure behufe and proffitt, to vptak and rais ; wappynschawingis to warne and hald ; oure tennentes and inhabitantes of oure said barony of Kinloss afoir quhatsumeuir iugeis, spirituale or temporale, summond, callit or arrestit to replege; coloraith to fynd; and generalie, all and sindrie vthir thingis to hant, vse and exerce, that to the office of bailliorye in sic casis pertenis or may pertene be the law or consuetude of the realme : Attoure we consent that the said Johnne mak and create ane honorable man, Alexander Cummyng of Alteir, baillie depute of Kinlos induring the said space, to hant, do, and exerce, in absence of the said Johnne, siclik concemyng the said bailliorie as he mycht do hym self: Haldand and for to hald ferme and stable all and quhatsumeuir oure said baillie or his depute ledis in the premissis to be done : For the quhilkis and his baillie fee we and oure successouris byndis and obleissis ws lelelie and trewlie be oure faithis, to content and pay to the said Johnne the soumme of tuenty merkis vsuale money of Scotland, at tway termes in the zeir, Witsounday and Martymes, be half portionis : And als becaus the said Johnne has gevin ws his speciale letteris to tak oure anefald pairt in oure iust and lesum actionis, and with his kyn, freyndis, and seruandis, to defend ws, oure tennentes, place and abbay forsaid, that we, in like maner, and oure successouris byndis and oblissis ws to tak part with the said Johnne in his iust and lesum actionis, and sail helpe and supple hym thairin at oure power aganis all deidlie, oure allegeance to oure souerane ladye the Quenis Grace, hir modir, and the auctorite exceptit. In witnes heirof, to thir oure letteris of bailliorie, subscriuit with oure handis, oure commoun seile is to hungin, at Kinlos, the penult day of October, the zeir of God jmvc and fifty four zeris ; befoir thir witnes, Thomas Annand of Outhirellon, Maister Edward Bruce of Kennett, Schir Johnne Andersoun, channone of Orknay, William Gib, and Maister Petir Galbraith, notare publict, with vtheris diuers. Ro. Orchaden. Eps. Ego frater Thomas Brown subscribo. Ego frater Jacobus Pont subscribo. Ego frater Jacobus Burt subscribo. Ego frater Walterus Hetton subscribo. Ego frater Dionisius subscribo. Ego frater Johannes Smyth subscribo. Ego frater Ferquhardus Pruntoch subscribo. Ego frater Wilelmus Brown subscribo. Ego frater Andreas Vatsone subscribo. Ego frater Richardus Sandis subscribo. Ego frater Joannes Phylp subscribo. Ego frater Gulielmus Forsyth subscribo. Et ego frater Alexander Baid subscribo. Ego frater Wilelmus Lyell subscribo. Ego frater Adamus Eldar subscribo. Ego frater Adamus Riddel subscribo. Ego frater Johannes Camroun subscribo. Ego frater Archibaldus Bradwod sub- Ego frater David Lauerok subscribo. scribo. 116 CHARTERS AND MISCELLANEOUS WRITS [1555. 114. Commission of Justiciary by Mary Queen of Scots to John Grant of Freuchie, within the bounds of Strathspey, etc. 8th June 1555. Maria Dei gracia Regina Scotorum, omnibus probis hominibus suis ad quos presentes litere peraenerint, salutem : Sciatis quod diuersa homicidia, murthura, furta, oppressiones seu lie sornyngis, furti receptio et manifeste siue manufortes rapine, infra bondas terrarum de Strathspey, Vrquhart, Glenmoristoun et Strathdoun, iacentium infra vicecomitatus nostros de Inuernys, Elgin et Fores, ac Banffe respectiue, fuerunt, ad extremam depredationem et destructionem nostrorum pauperum et fidelium ligeorum, inhabitantium earundem ; et pro repressione ac punitione commissorum dictorum criminum, requie et quiete prefatorum inhabitantium, manutenentiaque communis boni huius nostri regni, ob id, fecimus, con- stituimus, et ordinauimus, ac per presentes facimus, constituimus, et ordinamus dilectum nostrum Johannem Grant de Freuchy nostrum iusticiarium in hac parte, intra totas et integras dictas bondas et terras de Strathspey, excepto ipsarum tanto quantum Johannes Grant de Ballindalloch et pater suus occupant, totas et integras predictas terras de Vrquhart et Glenmoristoun, ac tantum dictarum terrarum de Strathdoun quantum memorato Johanni Grant de Fruchy pertinet : Dantes et committentes eidem Johanni Grant de Fruchy nostram plenariam potestatem, speciale mandatum, expressum preceptum atque onerationem, omnes et singulas personas tam intra bondas dictarum terrarum commorantes (exceptis prius exceptis), quam easdem frequentantes, dilatas seu suspectas de dictis criminibus, homicidio, murthuro, furto, lie sornyng, receptione furti, manuforti rapina, incendio et mulierum raptu, rimandi, perscrutandi seu inquirendi, capiendi et apprehendendi, ac eas aut aliquam earum, quousque iusticia super illis pro eisdem ministretur, in carcere et firmantia ponendi ac detinendi ; necnon pro iusticie ministratione super eis pro dictis criminibus, curiam seu curias nostre iusticiarie super prelibatis terris, vbi illi magis expedire videbitur, statuendi, inchoandi, affirmandi, tenendi et quotiens opus fuerit continuandi ; absentes amerciandi, exitus, amerciamenta, et eschaetas dictarum curiarum petendi, exigendi, leuandi, atque nostro vsui applicandi, et importandi, et si opus fuerit, pro eisdem namandi et distringendi ; memoratas personas de predictis criminibus delatas et suspectas, in dictis curia aut curiis in iudicio pro eisdem vocandi, per indictamentum accusandi, ipsasque, vt congruit, ad cogni- tionem assisarum ponendi ; super quoque deliberatione ipsarum assisarum super eis legibus et regni nostri consuetudini conforme iusticiam faciendi vel ministrandi : Atque ad hunc effectum, deputatos sub eo in dicto officio, cum clericis, seriandis, iudicatoribus, omnibus- que aliis officiariis ac membris dictarum curiarum necessariis faciendi, creandi, substituendi, ordinandi et iurari causandi, pro quibus respondere tenebitur ; assisam siue assisas probarum et fidelium personarum vicecomitatuum nostrorum, vbi prefate terre iacent, aliorumque quatuor vicecomitatuum eisdem propinquius adiacentium, ad sufficientem numerum person- 1555.] OF THE GRANTS OF GRANT. 117 arum, minime suspectarum, veritatem melius cognoscentium, sub pena quadraginta librarum de qualibet persona non comparente, ad comparendum coram dicto nostro iusticiario in hac parte in curia seu curiis supradictis, ad accedendum super assisis memoratarum person arum de dictis criminibus delatarum, summonendi, premuniendi, eligendi et iurari similiter causandi ; et generaliter omnia alia et singula faciendi, gerendi, exercendi et vtendi que in premissis et circa ea necessaria fuerint seu quouismodo oportuna : Ratum et gratum habentes et habituros totum et quicquid dictus noster iusticiarius in hac parte, sui deputati, officiarii et ministri, in premissis rite duxerit seu duxerint faciendum : Quare vniuersis et singulis quorum interest vel interesse poterit stricte precipimus et mandamus, quatenus prenominato iusticiario nostro in hac parte suisque officiario deputato ac ministro, in omnibus et singulis premissa concementibus prompte respondeant, pareant et intendant, sub omni pena que competere poterit in hac parte ; presentibus pro nostra voluntate duraturis : Datum sub testimonio nostri magni sigilli, apud Edinburgh, octauo die mensis Junii, anno Domini miliesimo quingentesimo quinquagesimo quinto, et regni nostri decimo tertio.1 Per signaturam manu Marie Regine Dotarie ac matris supreme domine nostre Regine ac regnique sui Regentis subscriptam. 115. Commission by Mary Queen of Scots for executing the brieves of service of John Grant of Freuchie in the lands of Tullochgorme, etc. 4th December 1555. Maria Dei gratia Regina Scotorum, omnibus probis hominibus suis ad quos presentes litere peruenerint, salutem : Sciatis quod penes nostras literas ad instantiam dilecti nostri Johannis Grant de Freuchy contra consanguineum nostram Georgium comitem de Huntlie, vicecomitem nostrum principalem de Inuernys, impetratas seu adeptas, mentionem facientes quod dictus Johannes breuia inquisitionum capelle nostre dicto vicecomiti nostro de Inuernys et deputatis suis directa leuauit, coram illis, tanquam legitimus et propinquior heres quondam Jacobo Grant de Freuchy, suo patri, deseruiri de omnibus terris et annuis redditibus de quibus ipse obiit vltimo vestitus et sasitus vt de feodo, ad pacem et fidem nostram, jacentibus infra prelibatum vicecomitatum nostrum ; que breuia memoratus Johannes legitime et debite proclamari coram dicto vicecomite nostro et deputatis suis, vicesimo tercio die mensis Marcii nouissime elapsi deseruiri causauit : Et ad prefatum diem, in pretorio burgi nostri de Inuernys comparuit, ac illic dictum breue debite executum et indorsatum produxit, vnacum suo clameo, desiderante siue petente deseruiri de terris de Tullochgarne, Thure, Clurene, 1 AnotherCommission is granted by Archibald Earl for the trial of John Reoch Grant, accused of of Argyll, Lord Campbell and Lome, etc., justiciar- common theft, receipt of theft, sorning, and homi- general of Scotland, to John Grant of Freuchie and cides, and to administer justice upon him. Dated William Ogilvy of Allanbuy, appointing them his at Edinburgh, 15th May 1555. [Original at Castle deputes and lieutenants in his office of justiciary Grant.] 118 CHARTERS AND MISCELLANEOUS WRITS [1555. Tulloch atque dimediis terris de Dalfour cum suis pendicuHs et pertinentiis; desiderauitque memoratum vicecomitem ac suos deputatos idem ad cognitionem inquisitionis ponere, atque processum sibi desuper conferre, legibus ac huius nostri regni consuetudini conforme : Quod dictus vicecomes et sui deputati facere penitus refutarunt, prout auctentica instrumenta desuper capta proportant, et ob id sibi Johanni justiciam facere seu ministrare manifeste recusarunt; necnon ipsum integras suas expensas cum firmis et proficuis terrarum suarum termini Penthecostes vltime retroacti amittere perdereve causarunt; simiH quoque modo huiusmodi de omnibus annis et terminis Venturis ipsum perdere causare intendunt, atque eum a sua hereditate expellere : Et penes onerationem memorato vicecomiti datam ad comparendum coram dominis nostri consilii ad audiendum, et nostram commissionem modo sequenti dirigi videndum, vel ad causam rationabilem quare huiusmodi minime dari debet allegandum, sicuti in dictis literis latius specificatur : Prelibato Johanni Grant per magistrum Johannem Spens eius procuratorem comparente, prenominatoque Georgio comite de Huntlie, vicecomite nostro supradicto, per magistrum Dauidem Borthuik suum procuratorem com parente, eorum iuribus, rationibus et allegationibus auditis, visis et intellectis, et cum eisdem mature auisati existentes consilii nostri domini nostram commissionem sub nostri magni sigilli testimonio exhiberi seu tradi decernunt et ordinant : Ex quorum decreto et ordinatione dictum breue siue breuia in pretorio burgi nostri de Edinburgh deseruiri ordinauimus, et fecimus, constituimus et ordinauimus, ac per presentes facimus, constituimus et ordinamus dilectos nostros magistros Alexandrum Sym, Alexandrum Skene, Clementem Li till, Johannem Marioribankis, Thomam Kincragy, Alexandrum Mauchane, Georgium Strang, Richardum Strang, aut eorum duos quoscunque, coniunctim vicecomites nostros antedicti vicecomitatus nostri de Inuernys in hac parte et ad infrascripta tantummodo, videlicet, ad exequendum vel deseruiendum breue siue breuia inquisitionum capelle nostre per dictum Johannem Grant impetrata seu impetranda super prescriptis terris et annuis redditibus cum pertinentiis, sibi per mortem memorati quondam Jacobi sui patris spectantibus aut pertinentibus infra predictum vicecomitatum nostrum de Inuernys, vt premissum est, jacentibus : Dando, concedendo et committendo prenominatis nostris vicecomitibus in hac parte seu quibusuis eorum duobus coniunctim, nostram plenariam potestatem ac mandatum speciale, curiam siue curias in predicto pretorio burgi nostri de Edinburgh, pro deseruitione dictorum breuium, statuendi, inchoandij affigendi, affirmandi, tenendi, ac easdem quoties opus fuerit, continuandi ; dictaque breuia recipiendi, aperiendi, proclamandi proclamarive et eadem debite deseruiri faciendi; inquisitionem quoque vnam vel plures, seu probos et fideles homines prescripti vicecomitatus nostri de Inuernys et aliorum quatuor vicecomitatum eidem propinquius adiacentium, ad sufficientem numerum personarum minime suspectarum, veritatem melius siue magis lucide cognoscentium, ad comparendum coram prefatis nostris vicecomi tibus in hac parte, seu vllis eorum duobus coniunctim, in dicto pretorio burgi nostri de Edinburgh, ad accedendum super deseruitione dictorum breuium, sub pena quadraginta 1556.] OF THE GRANTS OF GRANT. 119 librarum de qualibet persona non comparente, summonendi, premuniendi, eligendi, com- parere et jurari causandi ; et per illos probos et fideles super punctis et articulis in eisdem breui seu breuibus contentis determinandi et deliberari faciendi ; ac deliberationem eorundem, vt moris est, capelle nostre retornandi ; clericos, seriandos, iudicatores atque alios officiarios et curie membra necessarios faciendi, creandi, ordinandi, et iurari etiam causandi ; et generaliter, omnia alia et singula faciendi, exercendi et vtendi, que in premissis et circa ea necessaria fuerint seu quoquo modo oportuna : Quare, vniuersis et singulis, quorum interest vel interesse poterit, stricte precipimus et mandamus quatenus supradictis nostris vicecomitibus in hac parte, aut vllis eorum duobus coniunctim, suisque officiariis et ministris, in omnibus et singulis premissa tangentibus, prompte respondeant, pareant, et intendant, sub omni pena que competere poterit in hac parte : Ob causam quia dictus magister Johannes Spens, procurator prescriptus, in presentia dictorum dominorum, vnum instrumentum sub signo et manuali subscriptione Martini Logy, notarii publici, predicti vicecomitis refutationem deputatorum suprascriptorum gerens seu proportans, veluti idem coram prefatis dominis monstratum proportabat et gerebat, de data decimo tercio die Marcii, anno Domini miliesimo quingentesimo quinquagesimo quarto, produxit : Suprascriptum demum pretorium burgi nostri de Edinburgh adeo legitimum et validum sicut pretorio burgi nostri de Inuernys admittentes et decernentes, cum quo per presentes dispensamus. Datum sub testimonio nostri magni sigilli, apud Edinburgh, quarto die mensis Decembris, anno Domini miliesimo quingentesimo quinquagesimo quinto, et regni nostri decimo tercio. Per decretum dominorum consilii etc. 116. Bond by John Grant of Freuchie and Alexander Grant, brother of John Grant of Ballindallach, to fulfil a Decreet-Arbitral anent the lands of Mekill Cardell, etc. 21st August 1556. At Elgin, the tuente ane daye of August, the zeir of God ane thousand fyfe hundretht and fyftye sax zeris, Johne Grant off Frewquhie, as sone and aire of wmquhile James Grant of Frewquhie, and for himself, on the ane part, and Alexander Grant, brother germane to Johne Grant of Ballindallacht, on the vther part, ar faythfullie compromittit, bund, oblesit and sworne to stand at, abide, vnderlye and fulfill the sentence, ordinance, decrete arbitrall and deliuerance of honorabill men, that is to saye, Arthour Forbes of Balfour, William Ogilwye of Allanebowe, John Roye Grant of Carrone, and Schir Johne Gibsone cheplane in Elgin, or ony twa of thame, chosin for the part of the said Johne Grant of Frewquhie, and of George Meldrum of Fywie, knycht, William Leslie, zoungar of Bolquhane, Master Johne Leslie, com missar of Aberdene, and Alexander Con of Awchrye, or onye tua of thame, chosin for the part of the said Alexander Grant, as iuges, arbitratoris, and amicabill compositoris equalie chosin betuix the saiddis parteis, anent the action and cause contenit in our souerane Ladeis 120 CHARTERS AND MISCELLANEOUS WRITS [1556. letteris, purchessit be the said Alester, direct to the schirref of Inuernys and his deputis, and libellit precept direct be thame thairupon, tueching the allegit election of the said Alester, his servandis and gudis, furtht of the landis of Mekill Cardell, LitiU Cardell, and half town of Pitcroye, with thair pertinentis, Hand within the schirefdome of Elgin and Fores, clamit be the said Alester to pertene to him in heretage, and spoliacion of him of his possession thairoff, allegit done be the said umquhile James Grant, be himselff, his servandis and com plices, of his causing, command, assistence and ratehabicion, in the moneth of Marche, the zeir of God ane thowsand fyfe hundreth and xl tua zeris ; and anent the violent withhalding fra him of the proffeittis thairoff be the said James, quhill his deceis, and sensyne be the said Johne Grant, his sone and aire and succedand in his vice, like as at mair lynth is contenit in the saiddis letteris and libellit precept ; and anent aU vtheris actionis, pleyis, querrellis, contrauerseis and debatis, quhilkis ather of the saidis parteis had, hes or ony wayis maye haiff or moiff aganis vtheris befoir the day and daite heroff : And the saidis parteis sail caus the saidis iuges chosin be ather of thame, or onye twa of thame, on athir partie, to convene in the kirk or cloister of the Graye Freris of Aberdene, the tuentie day of September nixt to cum, befoir noyne, and thair accept the said action and caws debatable in and vpon thame, and to be sworne to deliuer thairintill lelelie and trewlie, eftir thair cunning, knawlage and conscience, in amicabill wayis, and commond thairintill, and heir the richtis, rasonis and defensis of bayth the parteis in the said mater ; and thai to giff furtht thair decrete arbitrall in the samyn, within the space of fiftene dais nixt thaireftir ; with power to the saiddis iuges or onye twa of thame, chosin for athir of the saidis parteis, to prorogat the furthgiffing of thair decrete arbitrall in the said action and caus debatabill for the space of aucht dais nixt thair efter : And quhow ewir the saiddis iuges acceptand, or the maist part of thame, decretis and deliueris in the premissis in amicabiU wayis, bayth the saiddis parteis ar bondin, oblesit and sworne to wnderlye and fulfill the samyn, without reuocacion, reclamacion, or appellacion : And in caice of discorde betuix the saidis iuges in the said debatabiU action and caus, bayth the saiddis parteis hes chosin Walter Leslie of Kynonowye as ourman and odman thairintill ; and quhowewir the saiddis iuges or ony twa of thame, togidder with the said ourman, decretis and deliueris in the premissis, bayth the saidis parteis ar bund, oblesit and sworne to fulfill the samyn ; and sail nocht rewoke, appeill, reclayme thairfra, or ony wayis cum in the contrar thair decrete arbitrall to be giffin in maner forsaid or vther, for nullitie, enorme lesione, or ony vther caus contenit or prowidit be the commond law, cannon law, law muni- cipaU or consuetude of this realme, or ony vther lawis, bot bayth the saidis parteis grantis thame to be secludit thairfra, swa that the said decrete arbitrall to be giffin vpon this compromitt maye stand and haiff full effect ; with power to the said ourman and odman to giff furtht and pronunce his sentence and decrete in the said mater within xx dais nixt efter the owtgiffinge of the decrete or decretis of the saidis iuges arbitratoris or ony of thame of the nummer abone wretin, chosin for ather of the saiddis parteis : Attour, bayth the saidis 1556.] OF THE GRANTS OF GRANT. 121 parteis ar content and consentis that this present compromitt, togidder with the decrete arbitrall to be giffin thairupon be the saidis iuges and ourman chosin in caice of discord, as said is, be actit and registrat in the bwckis of the officiall of Murraye, submittand thame to his iurisdiction, and in likewayis in the bwckis of our souerane Ladeis counsall, and to haiff the strynth of ane decrete of the Lordis thairoff, and letteris to be direct be the saidis Lordis and officiall of Murray be ather of thair iurisdiction at the instance of baytht the saidis parteis for compelling of thame to fulfill the samyn to vtheris, of cursing, homing, poynd- ing, and distrenzeing, in forme as efferis : And for acting of the samyn in the saidis bwckis respectiue the saidis parteis hes maid and constitute thair verraye lauchfull, irreuocabill, and vndowttit procuratouris, with power to thame to compeir befoir the saidis iuges to the effect forsaid. In witnes heiroff, bayth the saidis parteis hes subscriuit thir presentis with thair handis, daye, zeir, and place forsaiddis ; befoir thir witnes, Thomas Name of Cromdall, Johne Grant of Ballindallacbt, Thomas Cuming of Altyr, Duncane Grant of Gartynbeig, and James Crukschank, and Schir Johne Gibsone, notar publict, with vtheris diuers. Johne Grant of Fruquhye. Allexander Grant of Cardellis. 117. Presentation, by Mary Queen of Scots, of Sir John Donaldson to the chaplainry of St. Ninians, in the parish of Urquhart, etc. 26th August 1556. Maria Dei gracia Regina Scotorum, reuerendo in Christo patri, Patricio miseratione diuina Morauiensi episcopo, salutem : Quia charissime nostre matri, Marie Regine Dotarie regni nostri ac eiusdem Regenti clare constat quod dilectus orator noster, dominus Joannes Donaldsoun, capellanus, vnam presentationem a quondam charissimo nostro patre bone memorie, cuius anime propicietur Deus, obtinebat super capellania Sancti Niniani, cum quadraginta solidatis terrarum Pitkarell nuncupatarum, et vna crofta dicte capellanie spectante, vnacum crofta et reliquiis crucifixi Sancti Drostani, infra parrochiam de Vrquhart et diocesim vestram Morauiensem, tunc temporis vacante per decessum quondam domini Duncani Mc01rig, tunc possessoris eiusdem, ad dicti nostri quondam patris presentationem pertinente, quondam reuerendo in Christo patri Alexandro tunc Morauiensi episcopo pro tempore directam ; super quaquidem presentatione prefatus quondam reuerendus pater suam collationem ordinariam prefato domino Joanni, cum suis literis ordinariis, ad prefatum dominum Joannem de fructibus eiusdem responderi causandum, tradidit : Quequidem collatio ac integra prouisio dicte capellanie in possessione dicti domini Joannis existentes, rapte, spoliate, et ab eo ablate erant per diuersos malefactores patrie in qua dictus dominus Joannes habitat ; presentatione per prenominatum quondam nostrum patrem concessa dumtaxat excepta : Per quarum literarum ac prouisionis dicte capellanie amissionem, perditionem, ac ablationem, nos nolumus dictum dominum Joannem penes possessionem dicte capellanie et fructuum eiusdem ledi, Q 122 CHARTERS AND MISCELLANEOUS WRITS [1556. sed potius ipsum de eadem capellania et fructibus eiusdem securiorem facere : Igitur, prefatum dominum Joannem ad dictam capellaniam, cum croftis, terris et reliquiis predictis, vobis de nouo tenore presentium presentamus ; exhortantes, rogantes, quatenus prenominatum dominum Joannem, nostrum ut premittitur presentatum, in et ad dictam capellaniam, cum croftis, terris et reliquiis dicte capellanie pertinentibus, de nouo recipiatis et admittatis, eandemque ac vestram collationem ordinariam et alias prouisiones necessarias sibi desuper conferatis ; ac ipsum, vel procuratorem suum eius nomine, in realem, actualem, et corporalem possessionem eiusdem inducatis, et instituatis ; inductumque et institutum, in eadem canonice defendatis ; sibique vel procuratoribus suis de vniuersis et singulis domibus, iuribus, fructibus, terris, croftis, reliquiis, redditibus, decimis, oblationibus, emolumentis et proficuis eiusdem integre responderi faciatis ; contradictores uero et rebelles, si qui forsan fuerint, vestra auctoritate ordinaria arctius compescentes, ceteraque facientes que vobis in premissis ex officio vestro pastorali incumbunt peragenda. Datum sub nostro secreto sigillo, apud Elgin, vigesimo sexto die mensis Augusti, anno Domini miliesimo quingentesimo quinquagesimo sexto, et regni nostri decimo quarto. Per signaturam manu domine Regine et Regentis regni nostri subscriptam. 118. Letters of Collation by Patrick Bishop of Moray, in favour of the said Sir John Donaldson. 2d September 1556. Patricius miseratione diuina Morauiensis episcopus, monasteriique de Scona commendatarius perpetuus, discreto viro domino Jacobo Duff, rectori de Bolleskyne, nostroque commissario infra decanatum de Inuernes, seu cuicunque alteri capellano, curato et non curato, infra nostram diocesim Morauiensem diuina celebranti, et super executione presentium debite requisito, salutem cum benedictione diuina : Quia alias longe antea vacante capellania Sancti Niniani, cum quadraginta solidatis terrarum de Pitkarell nuncupatarum, et vna crofta dicte capellanie spectante, vnacum alia crofta, et reliquiis crucifixi Sancti Drostani, infra parochiam ecclesie parochialis de Wrquhart et nostram diocesim Morauiensem, in manibus serenissime domine Marie Dei gratia Scotorum Regine nostre, per decessum quondam domini Duncani Makolrik, olim capellani et possessoris eiusdem, ad dicte serenissime Marie nostre Regine presentationem, nostramque admissionem et confirmationem ordinariam, pleno iure spectante et incumbente, comparuit coram nobis discretes vir, dominus Joannes Donaldsone, presbyter nostre Morauiensis diocesis, et quandam presentationem dicte serenissime domine nostre Scotorum Regine, per charissimam suam matrem Mariam, Dotariam regni Scotie ac eiusdem Regentem, super dicta capellania Sancti Niniani, cum vniuersis et singulis domibus, iuribus, fructibus, terris, croftis, reliquiis, redditibus, decimis, oblationibus, emolumentis et proficuis, sibi dicto domino Joanni desuper concessam, nobis perlegendam exhibuit et presentauit : Qua visa, considerata et perlecta, rogati et requisiti debita cum 1556.] OF THE GRANTS OF GRANT. 123 instancia fuimus, cum per prefatam serenissimam dominam nostram Reginam, iure patronatus sui de dicta capellania, tum per eundem dominum Joannem Donaldsone, presentatum, quatenus dictum dominum Joannem, sic vt premittitur, nominatum, electum et presentatum in et ad dictam capellaniam, cum croftis, terris, oblationibus, et reliquiis Sancti Drostani prefate capellanie spectantibus, recipere, admittere, et nostram admissionem ordinariam ac alias prouisiones necessarias sibi domino Joanni desuper conferre velimus, iuxta vim, formam, continentiam et effectum dicte presentationis nobis desuper directe et presentate, de data apud Elgin, vigesimo sexto die mensis Augusti, anno Domini miliesimo quingentesimo quinquagesimo sexto, et regni dicte serenissime domine Regine decimo quarto : Nos vero attendentes huiusmodi requisitiones et rogationes iustas fore et rationi consonas, volentesque mandatum dicte domine nostre Regine in suis litteris presentationum contentum perimplere, vt tenemur, ipsum dominum Joannem sic vt premittitur per sepefatam serenissimam dominam nostram Reginam electum, nominatum et presentatum, in capellanum dicte capellanie Sancti Niniani, cum quadraginta solidatis terrarum de Petkarell nuncupatarum, cum crofta dicte capellanie spectante, vnacum alia crofta et reliquiis crucifixi Sancti Drostani, infra dictam parochiam de Wrquhard, causantibus suis meritis et ydonietate, admittimus, ac dictam presentationem in quantum est legitime factam duximus approbandam et confirmandam, prout tenore presentium et nostra authoritate ordinaria approbamus et confirmamus ; curam et administrationem dicte capellanie in sacello eiusdem eidem domino Joanni per presentes committentes, dummodo per eundem dominum Joannem personaliter vel ahum presbyterum ydoneum in eadem debite officiatur, ne anime fundatorum eiusdem debitis suffragiis solitis et consuetis defraudarentur : Vobis igitur et vestrum cuilibet, in virtute sancte obedientie, et sub pena suspensionis a diuinis, quam in vos et vestrum quemUbet, si distuleritis que mandamus, ferimus in hus scriptis, stricte precipiendo quatenus dictum dominum Joannem Donaldsone, seu eius procuratorem legitimum eius nomine, in realem, actualem et corporalem possessionem prefate capellanie, cum vniuersis et singulis suis iuribus, croftis, oblationibus, annuis reddi tibus, et reliquiis crucifixi Sancti Drostani, et aliis pertinentiis quibuscunque solui solitis et consuetis, quocunque nomine nuncupatis, ad sepedictam capellaniam Sancti Niniani nuncupatam Petkarall quomodolibet spectantibus seu iuste spectare valentibus, per traditionem calicis et libri missalis, ornamentorumque altaris eiusdem in eadem tradatis, inducatis, instituatis, et deliberetis, seu alter vestrum tradat, inducat, instituat, et deliberet; sibique et suis factoribus, de vniuersis et singulis fructibus, redditibus, croftis, oblationibus, terris, reliquiis Sancti Drostani, et aliis commoditatibus eiusdem responderi faciatis, et nulli alteri ; contradictores vero et rebelles, si qui forsan fuerint, authoritate nostra ordinaria arctius inde compescendo. In cuius rei testimonium, sigilli nostri rotundi vnacum subscriptione manuali notarii publici subscripti, notarii in premissis, presentibus appensione iussimus et fecimus communiri. Super quibus omnibus et singulis premissis, dictus dominus Joannes Donaldsone admissus, a me notario publico subscripto vnum sibi vel plura instrumentum seu instrumenta, publicum vel 124 CHARTERS AND MISCELLANEOUS WRITS [1557- publica fieri peciit. Acta erant hec in horto dicti reuerendi patris, apud palacium de Spyne situato, horam circa quartam pomeridianam, aut eo circa, die secundo mensis Septembris, anno Domini miliesimo quingentesimo quinquagesimo sexto, indictione decima quarta, pontificatus sanctissimi in Cristo patris et domini nostri, domini Pauli diuina prouidentia Pape quarti anno secundo ; presentibus ibidem, magistro Dauid Trumpbill, capellano dicti reuerendi patris, et Willelmo Wallace, seruo eiusdem, testibus ad premissa vocatis pariterque rogatis. Et ego Willelmus Douglas, presbyter Sancti Andree diocesis, notariusque publicus, quia premisse presentationis productioni, admissionisque desuper concessioni [etc.] Et ego vero dominus Joannes Pauli iunior, vicarius de Kilmaly, presbyter Lesmorensis diocesis, ac notarius publicus, executor retroscriptarum collationis litterarum, vnacum retro- scripto domino Joanne Donaldsoune principali, ad capellam Sancti Niniani et ecclesiam parochialem de Vrquhart, Morauiensis diocesis, personaliter accessi, et ibidem eundem dominum Joannem in capellaniam et seruicium Sancti Niniani, Drostani, et Adampnani, cum quadraginta solidatis de Petkerrar terrarum nuncupatarum, cum crofta Sancti Adampnani, reliquiis crucifixi, et crofta dicte capellanie spectantibus, vnacum crofta et reliquiis Sancti Drostani, infra parochiam de Vrquhart situatis et fundatis, vt retroscribitur, per cornuum summi altaris, omamentorum eiusdem, clauium hostiorum et cordularum campanarum prefa tarum ecclesiarum traditionem ; ac ipsum dominum Joannem Donaldsoune in et ad actualem realem et corporalem possessionem iuriumque et pertinentiarum retroscriptarum capellaniarum, secundum tenorem retroscripte collationis, induxi, institui, et inuestiui, vt moris est ; ac ipsum dominum Joannem Donaldsoune in easdem capellanias cum fructibus earundem inductum, institutum et inuestitum nemine contradicente, in pace dimisi. In cuius rei testi monium, hec presens institutio, manu mea propria scripta, et subscripta, signoque cognomine et subscriptione, xi° Junii anno Domini miliesimo quingentesimo quinquagesimo ix°, indictione decima septima, pontificatus sanctissimi in Cristo Patris ac domini, domini nostri Pauli diuina prouidentia Pape quarti anno secundo ; presentibus ibidem Joanne Dow McGowin, Donill MTnnes, clerico parochiali, Joanne McKandech, Joanne McEvyn McVilliam, et me, notario infrascripto, cum diuersis aliis. Ita est dominus Joannes Pauli, vicarius de Kilmaly, Lesmorensis diocesis, ac notarius publicus et executor retroscripte collationis et dator institutionis, in fidem et testimonium premissoram et singulorum omnium, teste manu propria. 119. Bond of Relief by Makye of Far, in favour of John Grant of Freuchie, his cautioner, for 1000 merks. 25th July 1557. I, Ye Makye of Far, byndis and oblisis me and mye aris, executouris and assignays, to releiff Jhone Graunt of Fruquhye, his aris, executouris, and assignays, of the sowme of ane thousand 1558.] OF THE GRANTS OF GRANT. 125 merkis ; for the quhilk the sayd Jhone Grantt becwm souerte to our souerane ladeye the Quenis Grace for me, as the obligation specifeis the sammyn : And forthir, is content at quhat tym the sayd Jhone Grant desyris me, to act me in the buikis of Cunsell, to relef hym of the said some as lawe will : In witnes of the quhilk I haif subscryuit this with mye hand at Eddinbro, the xxv daye of Julii, the zeir of God m°vclvij zeris ; befoyr thir witnes, Archibald Haldan, Duncan Cunnegam, Mechall Gardner, with wderis dyuers. Y. McKy of Far. 120. Contract for the Marriage of David Ross, son of Alexander Ross of the Holm, and Agnes, sister to John Grant of Freuchie. 24th August 1558. At Fruquhye, the xxiiij daye of August, in the zeir of God m°vc fyftye and aucht zeris, it is apoyntit, agreit and fynalye concordit betuix honorabill men, that is to saye, Jhone Grant of Fruquhye, one that ane part, and Allexander Ros of the Holm, one the toder part, in maner, form and effect as eftir followis : That is to saye, God villinge, that Dauid Ros, eldest son and apperand ayr to Allexander Ros of the Holm, sail haif to wyf Nans Grant, syster to Jhone Grant of Fruquhye, and the sayd Allexander Ros of the Holm byndis and oblisis hym to infeft the sayd Nans Grant and the said Dauid Ros in the landis of Duldawych, with the mill, pendicuHs, croftis and pertinentis of the sam, betuix this and the feist of Martemes nyxt and immediat followynge the dait heirof, oder be resignation of the saydis landis in the bischope of Murrays handis, ourlord of the sam, or haldin of the sayd Allexander Ros of the Holm, he obtenand the bischoppis confirmation thairupon, and failzeinge of the saydis Nans and Dauid Ros, to thair airis gottin betuix tham, failzeinge of the quhilk, to the sayd Allexander Rossis arys maill quhatsumewer : The saydis Nans and Dauid or the langest lewaris of tham twa payand to the bischoppis of Murraye for the landis aboyn wrytin ten pundis and twa schillingis maill, at twa termes in the zeir, conform to thar chartour of fewe, and this to be doyn on the sayd Allexander Rossis expensis : And als Jhon Grant of Freuquhye sail content and paye to Allexander Ros of the Holm the sowme of thre hunderethe merkis in tocher gud, togydder with ane hunderethe merkis to the sayd Dauid Ros and Nans Grant quhen the lard thinkis it expedient, and to brynge haym ane dispensation of thryddis and ferd of consanguenete on the lardis expensis : And gif Allexander Ros or Dauid Ros, or onye in thair nayme, mowys ane caus of dyuors, quharthrowe the sayd Nans maye nocht be the sayd Dauid Rossis lauchfull vyf, aye and als oft as the said caus is mowit, the said Allexander Ros and Dauid Ros sail bringe haym ane dispensation on thair expensis, aye and quhill scho be his lauchfull wyf : And als gyf the sayd Nans, or onye in hir naym, mowis ane caus of dyuors, in lyk maner scho sail bryng haym ane dispensation, aye and quhill thai be lauchfull : Als the said Allexander Ros byndis and oblisis hym at he sail nocht sell, annaill, nor put awaye na landis at he hes conquest of or to be conquest, bot to be giffen to the said Dauid 126 CHARTERS AND MISCELLANEOUS WRITS [1560- Ros his son and the ayris gottin betuix hym and the said Nans Grant : And failzeing at the said Allexander Ros of the Holm obserw, keipe and fwlfyU all the poyntis aboyn wrytin, the said Allexander Ros sail paye to the sayd Jhone Grant of Fruquhye or his aris the sowm of ane thousand merkis : Als the payment of the foirsayd sowm of tocher gud to be ane hunderethe merkis, to be pait to the said Allexander Ros at the feist of Martemes nyxt and immediat followinge the dait heirof, and ane hunderethe merkis at the feist of Martemes in anno fyftye noyn zeris, and ane hunderethe merkis at the Vitsundaye nyxt thairefter : And als the sayd Jhone Grant of Fruquhye and Allexander Ros of the Holm byndis and oblisis tham to stand form and stabill, euere ane for thair awyn part, at all the poyntis of this present contrack ; and gif it be nocht sower as it standis nowe, it salbe lesum to mak it als sower as men of law can dewys, and to be insertit in the officeallis buikis of Murraye to the verafication of the sam, we hayin subscryuit this present contrak with bayth our handis, befoir thir wytnes, Jhon Leslye of Perkhyll, Scot Ros, Hutchon Ros, Thomas Cummyng, lard of Alter, Maister Archibald M°Gregour, with vderis dyuers. Johne Grant of Fruquhye. Alexh Ros of Holme. 121. Precept of Clare Constat by Patrick Bishop of Moray, for infefting John Grant of Freuchie in the lands of Over Finlarg, etc. 22d December 1560. Patricius miseratione diuina Morauiensis episcopus, monasteriique de Scona commendatarius perpetuus, dilectis nostris et eorum cuilibet coniunctim et diuisim balliuis nostris in hac parte specialiter constitutis, salutem : Quia nobis clare constat, et per autentica documenta et euidentias nobis clare et manifeste compertum et notum est, quod quondam Willelmus Grant de Vuirfinlarg, frater Johannis Grant de Fruquhy, latoris presentium, obiit vltimo vestitus et sasitus ut de feodo ad pacem et fidem supreme domine nostre Regine de omnibus et singulis terris nostris de Vuirfinlarg, Mukroch alias vocato Mydfinlarg, et Nethirfinlarg cum suis pertinentiis, iacentibus in baronia de Strathspey, regalitate de Spyny et vicecomitatu de Elgyn et Fores; Et quod dictus Johannes Grant de Fruquhy est legitimus heres masculus eiusdem quondam Willelmi, sui fratris, de predictis terris cum pertinenciis, vigore euidentiarum et infeofamenti prefato Willelmo desuper confectarum ; Et quod est legitime etatis; Et quod predicte terre de Vuirfinlarg, Mukroch alias vocato Mydfinlarg et Nethirfinlarg, cum suis pertinenciis, de nobis et nostris successoribus, Moraui ensibus episcopis immediate tenentur in capite, in feudifirma siue emphiteosi et hereditate, prout in antiquis euidentiis desuper confectis latius continetur : Vobis igitur balliuis nostris antedictis et vestrum cuilibet, coniunctim et diuisim, firmiter precipimus et mandamus quatenus visis presentibus, indilate statum, sasinam et possessionem hereditariam, corporalem, 1562.] OP THE GRANTS OP GRANT. 127 realem et actualem, omnium et singularum presoriptarum terrarum de Vuirfinlarg, Mukroth alias vocato Midfinlarg, et Nethirfinlarg cum suis pertinentiis, prefato Johanni Grant de Fruquhy vel suo certo attornato latori presentium, secundum formam et tenorem antiqui infeofamenti dicto quondam Willelmo suo fratri desuper confecti, iuste haberi faciatis et deliberetis, ac nullo modo omittatis : Ad quod faciendum vobis et vestrum cuilibet coniunctim et diuisim nostram plenariam et irreuocabilem tenore presentium committimus potestatem : In cuius rei testimonium sigillum nostrum rotundum presentibus est appensum, cum nostra subscriptione manuali ; apud monasterium predictum de Scone, vigesimo secundo die mensis Decembris, anno Domini miliesimo quingentesimo sexagesimo ; coram his testibus magistro Johanne Dowglas vicario de Galstoun, Jacobo Hepburn burgensi de Perth, Johanne Bunche cubiculario nostro. Pa. Morauien. Epus. 122. Notarial Instrument on the rendering of the Castle of Drummyn to John Grant of Freuchie. 3d December 1562. Tertio die mensis Decembris, anno Domini miliesimo quingentesimo sexagesimo secundo, indictione tertia, Pii pape quarti anno sexto, in mei notarii publici et testium subscriptorum presentiis personaliter constitutorum : The quhilk day comperit at the castell zet of Drummyne ane honorabill man, Jhone Grant of Fruquhy, and wyth hyme Master Jhone Forsy, Falkland pursefand, hefand ane cherge of the Quenis Magiste to cherge the capitanis, kypearis and wythhaldaris of the said castell of Drummyne, to delyuer the same to the said Jhone Grant of Fruquhy wythin sax howris eftyr thai var chergit, vnder the paine of tresohe ; quhilk cherge was dewle execut of befoir be the said Master Jhone Forsy, Falkland pursefand, and the said vj howris wyth the mair fullely bypast and owtrowne : Quharefor the said Mr Jhone Forsy, in the name of the Quenis Magiste, and conforme to the forsaid cherge, chergit, requirit and commandit the saidis capitanis, kypearis, and wythhaldaris of the said castell, to delyuer the same to the said Jhone Grant ; in the quhilk castell thai culd fynd na persone to mak ansour : Quhairfoir the said Jhone Grant of Fruquhy causit leddyr the said castell, and causit his servandis wyth hymselfe enter in the said castell, to be kypeit to the Quenis Magesteis behuff, conforme to the said cherge. Super quibus omnibus et singulis dictus Johannes Grant de Fruquhy a me notario publico subscripto petiit instru mentum seu instrumenta : Acta erant hec apud portam castri de Drummyn, hora vndecima ante meridiem aut eo circa, anno, die, mense, indictione et pontificate quibus supra ; pre sentibus ibidem, honestis et discretis viris, Patricio Grant de Dalwey, Johanne Grant de Kerrine, Magistro Wilhelmo Grant, et Magistro Johanne Forsy, Falkland pursefand, cum diuersis aliis testibus ad premissa vocatis et requisitis. Ita est, vt premittitur, dominus Joannes Porter, notarius publicus ad hec, manu propria. 128 CHARTERS AND MISCELLANEOUS WRITS [1563- 123. Act against stopping the passage of Loch Ness, and against the cutting and carrying off of green wood and growing timber from the woods belonging to John Grant of Grant and others. 17th October 1563. Actum apud Inuernes, xvij die mensis Octobris, anno Domini miliesimo quingentesimo sexagesimo tertio. The quhilk day, vpon the complaint gevin in [be] Donald McYnnes moir vpon William Fraser of Strwye, for stopping, as the said Donald allegit, of the passaige of the Loucht of Ness, and the said Williame his ansuer vpon the samyn, allegeing the woddis pertenyng to him, to my Lord Lowet and the laird of Grant, of the quhilkis he beris chairge, continuallie cuttit, pelit and distroiit be the travelloris vpon the said loucht, and thairupon onlie challengit his awin wod, and sic as he haid chairge of ; vpon the quhilk consideratione my Lord and his weill advysit counsale, finding the greit hurt and preiudice doun to the commoun weill be continuall cutting, distroyng and peling of the haill wodis vpon Loucht Ness and thairabout, hes ordanit and statut, and be this present act ordanis and statutis that the passaige of the locht be frie and onstoppit be onye man in tymis cuming, conforme to wse and wont, so that no latt nor impediment be maid heireftir to onye persone or personis, the Quenis frie legis, passing or repassing on the said loucht : And for awoding of the said destructione of and peling of the saidis wodis, hes ordanit and statut, and be thir presentis ordanis and statutis that fray this day furtht the provest and bailzees of Inuernes, and all vthiris that sail hawe speciali powar off serciarie in the case within expremit, sail arrest and stope all greyne tymmer and bark that salbe broucht within the toun of Inuernes to mercat or zit sauld or to be sauld, frame quhatsumewyr place, or be quhatsumewyr way, on to sic tyme as the bringar of the samyn to the mercat, or vther ways produce to the saidis provest and bailzeis or serciar speciallie deput thaironto ane certificat frame the baroun fray quhome he broucht the said tymmer and bark, vnder his signet and hand writt bering the day and dayt of the selling and cwtting of the said tymmar and bark, and quantitie thairof, to remaine with the saidis provest and bailzeis for thair warrand of the beraris : And failzeing that presentlie with the tymmer or bark the inbringars thairof produce not the said certificat, in that cace that the samyn tymmer and bark be eschetit be the saidis provest and bailzeis and sercearis speciallie deput thaironto, as thay will ansuer vpon thair office vnder all heest payne and charge : And gyf onye person or personis sail by the said tymmer of bark befoir it be declarit be inspectioun of the said certificat be the provest and bailzeis, and serciaris deput thaironto, to be laufull merchandreiss and weill cum geir that it salbe followit and eschetit be provest and bailzeis or sercear foirsaid out of the handis of the saidis byaris, and thai nevir to hawe recurss aganis the sellaris for recouering of thair moneye gyffin thairfor as onlaufull merchandreis and stowin gwdis : And ordanis this present act to be proclamit 1564.] OF THE GRANTS OF GRANT. 129 euerye mercat day for the space of ane zeire : And becaus the pwir sellaris may pretend ingnorance of the said act, dispensing thairwyth to the first day of Nouembar, and thaireftyr extremlie put to executione as the saidis officiaris will ansuer vpon thair dewetie, and the saidis beraris will avoid the perrell : And for this caus, the saidis provest and bailleis and sercearis foirsaidis to stay all bark and tymmer, that nane pass out of the wattyr, nowcht be schip or boyt, nor zit be transportit be land, onless the boyt of the samyn hawe ane declaratour of the said provest and bailzeis that thai hawe seyne the foirsaid certificat for the tymmer and bark ladin in the said schip or boyt, and the quantitie thairof, vnder thair signet and hand writt : And gyf onye merchand or skippar of this realme sail tak vpon hand, wythout the said declaratour, to laidin his schip or boytt with tymmer and bark, and lowis fray shoyr thairwyth, the gwdis salbe eschetit ather be the officiaris of the said town, or than quhair ewyr thai sail arrywe in onye port or harberye of this realme, and chanlegit be the Quenis Maiesteys sercearis as stowin gwdis etc. Sic subscribitur dictum actum. James Stewart. Hec est vera copia principalis et originalis acti, cum eodem in omnibus et per omnia concordans et in nullo discrepans [etc.]. Ita est, Martinus Logye, notarius publicus, scriba curie vicecomitatus de Inuernes manu sua. 124. Acquittance by John Earl of Athole to John Grant of Freuchie, for the maills of Clawailge. 28th August 1564. I, Jhone erll of Athoill and lord of Balwany, etc., grantis me to haif resauit fra the handis of Jhone Grant of Fruquhye the soume of xl s. mony, in compleit payment of all meillis and dueties of my landis of Clawailge, with all pertinentis thairof, of this last Witsundaye terme, in the zeir of God ane thowsand fywe hundrethe saxtie and four zeris. Of the quhilk soume of xlg. abone wrytine I hald me weill content and pait, dischargeing the said Jhone Grant of Fruquhye thairof for nowe and ewer ; togidder with all vther meillis and dueties of all zeris and termis preceding the det heirof, sene the said Jhone Grantis entres to the saidis landis. In witnes of the quhilk I haif subscrywit this my acquittence, at Balwanye, the xxviij daye of August, in the zeir of God ane thowsand fywe hundrethe saxtie and four zeris, befoir thir witnes, Alexander Robertsone in Lacht Walwennych, Jhone Steuart fear of Muren, Allexander Steuart sone to Jhone Steuart of Stuikis, with vtheris dywers. Atholl. 125. Acquittance by Sir John Wischart of Pettaro, knight, to John Grant of Freuchie, for the feu-maills of Glenchairny, etc. 20th September 1564. I, Johne Wischart of Pettarro, knycht, comptrollar to our souerane Lady, be the tennour heirof grantis me to haue resauit fra the handis of Petir Martine, burges of Edinburgh, R 130 CHARTERS AND MISCELLANEOUS WRITS [1564. in name and behalf of Johnne Grant of Fruchy, the soume of ane hundreth thre scoir tuelf pundis money of this realme; and that for the few mailis of the landis of Vrquhart, Glanchairny and Glenmoreschen, pertening to the said Johnne Grant in fewferme, of the termez of Martimes in the zeir of God jmv° threscoir thre, and Witsounday in the zeir of God jmv° threscoir four zeris : Quhairof I discharge the said Johnne, his airis and assignais, and all vtheris quhom it efferis for euir, be this my acquittance subscriuit with my hand, at Edinburgh, the xx day of September, the zeir of God jmvc thre scoir four zeris. Jhone Wischart, comptroller. Resauit be George Wischart. 126. Bond of Relief by Donald Dow McConeill McEwin of Lochend, Captain of Clan Cameron, to John Grant of Freuchie. 20th November 1564. Be it kend till all men be thir present letteris, me, Donald Dow McConeill McEwin of Lochtend, capitane of Clan Camroun, to be bund and obleist, and be the tennour heirof bindis and obleissis me, my airis, executouris and assignais, in maner, forme and effect as eftir folio wis : Forsamekill as Johnne Grant of Frwchy is becum cautionar and souertie for me to oure souerane lady, and is actit in hir hienes and lordis of secreit counsalis bukis, that I sail entir and compeir befoir hir Maiestie and the said lordis of secreit counsall at sic day and place as thai sail appoint, to ansuer to sic thingis as salbe laid to my charge, vpoun xxx dayis warning nixt eftir the said charge owther to be maid to me or my said souertie, vndir the pane of twa thowsand merkis vsuale money of this realme to be payit to the Quenis Maiestie or hir hienes thesaurare, in cais of my non comperance at the day appointit : And heirfoir I, the said Donald, bindis and obleissis me, my airis, executouris and assignais, to releif and keip skaythlis the said Johnne Grant of Frwchy, his airis, executouris and assignais, of the foirsaid soum of twa thowsand merkis in cais I failze, as God [forbeid,] in the pointis and claussis or ony part thairof contenit in the obligatioun maid to oure souerane lady and actit in the bukis of hir Graces secreit counsall, of the dait at Edinburgh, the thrid day of Nouember, the zeir of God jmv° thre scoir four zeris, thairupoun : Attour, becaus it is notourlie knawin to me, I beand in ward at the making of thir presentis in the toun of Edinburgh, at our souerane ladiis command, and for the ... of me the said Johnne Grant of Frwchy, my foirsaid cautionar, hes maid grit coistis and expenssis be him self . . . vpoun his seruandis in recovering of my releif, and hes debursit certane sowmis of money in grit ... for the samyn; for the quhilk I bind and obleis me, my airis, executouris and assignais, be the tennour heirof, to content and pay vther twa thowsand markis money foirsaid in reeompensatioun of the expenssis alreddy maid and to be maid be the said Johnne Grant, in cais I, the said Donald, contravene the said obligatioun maid to oure souerane lady of the dait foirsaid ; and forder, I, my airis, executouris and assignais, sail abone and by the 1564.] OF THE GRANTS OF GRANT. 131 haill sovmes abone specifiet, refound, content and pay to the said Jhonne Grant, his airris and assignais, all and syndrie other sovmes, expensis, chairges, damnages and interes, that the said Jhonne, his airris or assignais, sail happin to pay, mak, susteine, deburse or expend in ony maner of vay be the occasioun of his obligatioun foirsaid ; and sail releif him and his foirsaidis fullely theranent : And this to be extendit in vberiori forma, promittendo de rato ; and is content and consentis that this my obligatioun be insert and registrat in the bukis of the lordis of oure souerane ladiis counsall and sessioun, and decernit be thame to haif the strenth of ane act and decreit of the lordis therof, and letteris and executoriallis to be direct therupoun in forme as efferis ; and for acting and registring heirof, makis, constitutis and ordanis maisteris Alexander Skene and ilk ane of thame, coniunctlie and seueralie, my procuratouris, to compeir befoir the saidis lordis, and thair to consent to the registring heirof: In witness of the quhilk thing, I, the said Donald Dow, hes subscriuit thir my letteris obligatouris with my hand, in maner following, at Edinburgh, the twenty day of Nouember, the zeir of God jmvc thre scoir four zeris ; befoir thir witnesses, Maister Johnne Spens, burges of Edinburgh, Maistir Williame Grant, Maistir Gilbert Grate and Allane Makewin, with vtheris diuers. Donald Dow McConeill M°Ewin of Lochend, with my hand at the pen led be the notar vnderwrittin at my request, because I can nocht write. Ita est, Magister Gilbertus Grote, notarius publicus, de mandato dicti Donaldi Dow ad premissa requisites manu propria scripsit. 127. Precept by William Leslie of Balquhan, to infeft John Leslie, his son and heir, and Isobel Grant, his future spouse, in the lands of Auchlyne, etc. 1 6th February 1564. Willelmus Leslie de Balquhen, dilectis meis Jacobo Leslie, burgensi de Abirdene, et eorum cuilibet, coniunctim et diuisim, balliuis meis in hac parte specialiter constitutis, salutem . Quia dedi et concessi dilecto Joanni Leslie, filio meo et heredi apparenti, et Issobelle Grant, sue sponse future, secum in coniuncta infeodacione, et pro toto tempore vite eiusdem, et heredibus masculis inter eos legitime procreandis, quibus deficientibus, legitimis et propinqui- oribus heredibus masculis ipsius Joannis quibuscunque, omnes et singulas terras meas de Auchlyne, Talzeauch, Blairdynnie alias lie Hauch de Bogy nuncupato, cum earundem pendicuHs et pertinentiis, iacentes infra schiram de Clat, regalitatem de Garreauch, et vice comitatum de Abirdene, prout in carta mea eis desuper confecta plenius continetur : Vobis precipio doque in mandatis, quatenus vos seu alter vestrum accedatis seu accedat ad predictas terras de, Auchlyne, Talzeauch, et Blairdynnie alias lie Hauch de Bogye nuncupato; et 132 CHARTERS AND MISCELLANEOUS WRITS [1565- ibidem saisinam, statum et possessionem hereditariam, realem, actualem et corporalem huiusmodi terrarum cum pertinentiis, dictis Joanni Leslie et Issobelle Grant sue sponse future secum in coniuncta infeodacione, et pro toto tempore vite eiusdem, per terre et lapidis traditionem et deliberationem fundi earundem, ac lie thak et raip, vt moris est, aut eorundem procuratoribus seu procuratori, latoribus seu latori presentium, secundum tenorem dicte carte mee, tradatis et deliberetis, seu alter vestrum tradat et deliberet ; saluo iure cuiuslibet : Et hoc nullomodo omittatis : Ad quod faciendum, vobis et vestrum cuilibet, coniunctim et diuisim, meam plenariam et irreuocabilem tenore presentium committo potestatem : In cuius rei testimonium, presentibus manu mea subscriptis sigillum meum est appensum, apud Balla chastell, decimo sexto die mensis Februarii, anno Domini miliesimo quingentesimo sexagesimo quarto ; coram testibus, Joanne Leslie de Parkhill, Magistro Alexandro Leslie de Edinbille, Patricio Grant de Dalwey, Jacobo Leslie burgensi de Abirdene, et Magistro Andrea Leslie, rectore de Fettirneir, notario publico, cum diuersis aliis. V. Leslye of Ballqhen v* my hand. 128. Discharge by Mary Queen of Scots of a Bond by John Grant of Freuchie to present Donald Dow M°Ewin of Locheil before the Council. 29th June 1565. Apud Dunkeld, vigesimo nono die mensis Junii, anno Domini miliesimo quingentesimo sexagesimo quinto. The Quenis Majestie vnderstanding that Johnne Grant of Frewchy, be his letteris obligatouris actit and registrat in the buikis of secrete counsel!, is oblist and astrictit to enter and present Donald Dow McEwin of Locheyle, capitane of Clanchamroun, befoir hir hienes and lordis of secrete counsell vpoun thretty dais warnyng, quheneuir he salbe requirit, vnder certaine pecunial panys specifeit in his band and obligatioun, as the same at mair lenth beris : Nochtwithstanding, for certane occasiones moving hir, [hir] Majestie dischargis the said band and obligatioun and all pane and dangeir thairin contenit ; and attour, ordanis the secretair and his deputis, kepars of the buikis of secrete counsel], to registrat and insert thir presentis thairin ad perpetuam rei memoriam. Extractum de libro actorum secreti consilii per me, Alexandrum Hay, deputatum clerici eiusdem, sub meis signo et subscriptione manualibus. Alexander Hay. 129. Signet Letters charging the Clanchattan and Clankenzie to assist John Grant of Freuchie against the incursions of the Clanranald and Clancameron. 1st March 1567. James, be the grace of God King of Scottis, to oure louittis messingeris, oure schireffis in that part, coniunctlie and seueralie, specialie constitute, greting : Forsamekill as it 1568.] OF THE GRANTS OF GRANT. 133 is humelie menit and schawin to ws be oure louit Johne Grant of Frewchy, that quhair he hes the landis of Vrquhart and Glenmoreistoun with thair pertinentis perteining to him in fewferme heretable haldin of ws, as his infeftment thairupoun proportis ; and as he is credible informit diuers wikkit personis of the Clanrannald and Clanchamroun, conspyrit and confiderat togidder, intendis schortlie to mak incursionis vpoun the said Johnnes landis, and to burne, herrie and destroy his pover tenentis and inhabitantis thairof, quhairthrow the samyn salbe all laid waist and desolat, nocht onelie to his greit skayth and dampnage, bot to the hurt and detriment of ws, the saidis landis being of oure propirtie, quhilkis being heriit and laid waist, we will want the few males thairof : Quhilkis lymmaris and wikkit personis nochtwithstanding wer na thing abill to execute thair malice and crueltie, gif the greit men and clannis adiacent to the saidis landis wald concur with the said Johnnes tenentis to thair defence quhen thai ar inuadit, as thai on na wayis will without compulsioun : Our will is heirfoir, and we charge zow straitlie and commandis that, incontinent thir oure letteris sene, ze pas and in oure name and authoritie command and charge Lauchlane Makyntosche of Dunnachtane and Kenzeoch M°Kenzie of Kintaill, and all vtheris of the Clanchattane and Clankenzie, that thai, at all tymes quhen the said Johnne Grantis landis foirsaidis salbe inuadit or persewit be the saidis lymmaris and wikkit personis, ryis, pas furthwart, and defend the same with all possibill diligence, and na wayis suffer nor permit the samyn landis nor his tenentis dwelland thairon to be oppressit, sornit, heriit, brynt or distroyit be thame, as thai will ansuer vpoun thair dewitie and obedience to ws ; with certificatioun to thame, and thai be fund remysse or negligent thairin, they salbe repute, haldin, callit and persewrit as partakeris, fortefearis and manteinaris of the saidis lymmaris and wikkit personis in thair crueltie and evill deidis, and salbe pvneist thairfoir na vtherwayis nor gif thai had committit the crymes thame selffis in thair awin propir personis ; according to iustice, as ze will ansuer to ws thairupoun : The quhilk to do, we commit to zow coniunctlie and seueralie our full power be thir oure letteris, deliuering thame be zow dewlie execute and indorsat agane to the berare. Gevin vnder oure signet, at Edinburgh, the first day of Marche, and of oure regnne the first zeir, 1567. Ex deliberatione dominorum secreti consilii. A. Hay. 130. Contract of Marriage between Robert Munro, younger of Fowlis, and Barbara Grant, daughter of John Grant of Freuchie. 16th November 1568. At Fores, the xvi day of November, the zeir of God ane thowsand fyf hundreth sextie awcht zeris, it is contractit and fynallie apponctit and endit betuix rycht honorabill persones, that is to say, Jhone Grant of Frewchie, for him selfe, and in name and behalf of Barbara Grant, his dochtir, on that ane part, and Robert Munro of Fowllis for him selfe, 134 CHARTERS AND MISCELLANEOUS WRITS [1568. and takand the burding on him for Robert Munro, his son and apperand ayre, on the wther parte, in maner following; to wit, the said Robert Munro of Fowllis sail caus the said Robert, his son and apperand ayre, solempnizat and compleit the band of matrimonye with the said Barbara betuix the dait heirof and Fastrene Ewin nixt to cum, and sail dewlie infeft the said Barbara in the landis and fischingis respectiue onderwretin, be plane chartour of alienation or resignation in the superiouris handis thareof, in fawouris of the said Barbara and the ayris to be gottin betuix her and the said Robert, son and apperand ayre forsaid ; quhilkis failzeing, the saidis Robertis ayris quhatsumeuir ; to be haldin of the superiouris of the landis and fischingis wnder wretin, in few and heritage respectiue, as the said Robert haldis the same at this present ; that is to say, all and haill the landis of Fyndone, with the ailhous, pendikillis and pertinentis of the same wsit and wont, lyand within the lordschip of Ardmanoche and schireffdome of Inuerness ; all and haill the landis of Inuerawin, Lynschetcroy, with the pertinentis, with the myll, ailhous of the same, togidder with the haill half salmond fisching apon the watter of Schyn, lyand within the schirefdome forsaid ; togidder with the haill toun and landis of Lymlare, with the pendikillis and pertinentis of the same, lyand within the barrony of FerndoneU and bisschoprik of Ross, with ane cobill salmond fisching wpon the watter of Kylis Ochell, betuix the dait heirof and the feist of the natiuitie of our Lord caUit Zuill nixt to cum, frie, but pament of ony deuatie ; to the quhilk the said Robert Munro of Fowllis oblisis him thareto during the said Barbarais lyftyme, wpon the said Robertis expensis : Prowyding alwayis, gif the saidis landis and fyschingis respective forsaidis extendis nocht in zeirlie pament in maill ferme and dewatie to the sowme of ane hundretht pundis wsuall money of this realme, in that cace the said Robert Munro of Fowllis bindis and oblisis him and his ayris to dewelie infeft the said Barbara in sa mekill land, with the landis and fischingis forsaidis, that sail pay zeirlie, frie, the sowme forsaid : For the quhilkis premissis to be done in maner forsaid, the said Jhone Grant of Frewchie bindis and oblisis him, his ayris, executouris and assingnais, to ryanie with effect content and pay to the said Robert Munro, his ayris, executouris or assingnais, the sowme of sewintene hundretht and fyftie merkis wsuall money of this realm, in maner following ; that is to say, nyne hundretht merkis money forsaid at the completing of the said band of matrimony, and the remanent sowme of awcht hundretht fyfty merkis money abone wretin within zeir and day nixt eftir the completing of the band of matrimony abone spesifeit : And for the mare securitie of the fulfilling of this present contract, bayth the saidis parteis ar contentit the same be registrat and insert in the buikis of cunsall and commissaris of Mwrray respectiue, thare to haue the strenth of thare decreit and auctoritie interponit heirto ; and to that effect, the said Jhone for his parte hes maid, constitutt and ordanit Maister Alexander Skeyne, William Gaderar burges of Elgyn ; and the said Robert Munro of Fowllis for his part hes maid, constitut and ordanit Maisteris John Abercrommy, Maister Martene Logye, thare procuratouris respectiue, coniunctlie 1568.] OF THE GRANTS OF GRANT. 135 and seuerallie, to compeir before the lordis of cunsall and commissar forsaid, quhat sumeuir day and place conwenient and oportwne, and thare respectiue and successiue in thare namis to consent to the registreing and inserting of this present contract in the buikis respectiue forsaidis ; and the saidis parteis, in the persones of thare saidis procuratouris, coniunctlie and seueralie abone rehersit, to be ackit for fulfilUng of this present contract sa far as concemis athir of thame [to] fulfill to wther, wnder the pane of punding and horning at the will of aythir of the saidis parteis, and executoriallis to pas heirwpon in form as efferis : In witnessing heirof the forsaidis parteis hes subscriuit this present contract with thare handis, day, zeir, and place abone wretin ; before thir witnes, Alexander Dunbar of Cumnok, knycht, Robert Leslie of Artherseir, James Dunbar of Tarbaitt, Patrik Grant of Dalwey, Gawein Dunbar, persone of Roskein, and George Dunbar, persone of Kilmwre, with wtherris dywers. Johne Grant of Fruquhye. Robart Munro of Foulis. 131. Obligation by Patrick Grant of Balnadalloch to John Grant of Freuchie, to give a Bond of Manrent on his entry to the lands of Balnadalloch. 23d February 1568. Be it kend till all men be thir presentis, me, Patrik Grant of Ballnadallach, for diuerss and sindrie profittis and commoditeis resauit be me fra the handis off ane rycht honorabill man, Johne Grant off Fruquhy, and otheris resonable caussis moving me heirto, to be bunden and obleist, and be the tenour heiroff faythfullie bindis and obleisis me and my airis, that quhat tyme or quhousone it sail happin me and my airis to be entrit in and to the landis off BallnadaUach with [thair] pertinentis be the said Johne or his airis, superiouris off the samen, than incontinent, I or my airis saU giff and deliuer ane sufficient band off manrent, with all claussis necessar, to the said Johne or his airis, thair sufficient band off manteinans being deliuerit to ws, conforme to the said band off manrent : And the saidis bandis, in all tymes cuming, to be renewit at the desyir off the said Johne or his airis, the tyme off the entres off the airis of Balnadallach to the same, be the said Johnes airis forsaidis : And giff this obligatione be not sufficient to the effect forsaid, I bind and obleiss me and my airis to reforme the same ay and quhyll it be sufficient be the aduys of men off vnderstanding : And is contentit that the same be registrat in the commissariat buikis off Elgin, with executoriallis to pas thervpoun, in forme as efferis : And to that effect, constitutis Schir Johne Gibson, Johne Annand, and William Gaderar, coniunctlie and seueralie, my procuratouris, to compeir befoir the said commissar for registring the same, as accordis : In vitnes off the quhilkis, I haiff subscryvit this my obligatione with my hand, at Ballachastell, the xxiij day off Februar, the zeir of God mv° saxte and aucht zeris, befoir thir vitnes, honorabill men, Mr 136 CHARTERS AND MISCELLANEOUS WRITS [1569. George Gordoun off Beldorny, James Blakater off Tilleallen, Duncan Grant in Garthin, John Grant in Kynbeathe, and Mr Archibald M°Gregour, with otheris diuerss. Patrik Grant of Ballnadallach. 132. Submission and Obligation by John Grant of Freuchie to the Regent Murray. 7th June 1569. Apud Aberdene, septimo Junii, anno Domini jmvclxix°. The quhilk day Johnne Grant of Freuchquhy gave in thir offerris vnderwrittin, quhilkis my Lord Regentis Grace ordanit to be registrat in the buikis of Secreit Counsall ; of the quhilk the tennour followis : Thir ar the offirris of me, Johnne Grant of Frewchquhy, to my Lord Regentis Grace, quhilkis being accomplisit be me, I humelie desyir mercie and pardoun, in forme as followis : In the first, I sail acknawlege and confes the maist excellent and mychtie prince, James the Saxt, be the grace of God King of Scottis, as my vndouttit and onlie souerane, his hienes authoritie and lawes, and the regiment establishid in the persone of my Lord Regent during his hienes minoritie, I sail serue and obey as becummis a detfull subiect, and heirvpoun sail gif my solempnit ayth and subscriptioun manuall : Item, forsamekill as the erle of Huntlie hes taikin vpoune him, for him self and his partakeris, to satisfie all persones hurt or skaithit in thair gudis be him or his saidis partakeris, fra the first day of August anno 1568 to the last day of Marche 1569 instant, that thay sail haif na iust occasioun of complaint, neuirtheles, I sail satisfie all persones duelland be west Spay for all gudis taikin fra thame be me or my kin or seruandis during the said space, lyik gudis and quan[ti]tie. Item, I for my self and in name of my haill kin and freindis of my surname, and vtheris my tennentis and servandis, promissis to behave our selfis as faythfull and obedient subiectis to our souerane lord, his regent and authoritie, in tyme cuming, and sail keip gud reull and quietnes, vnoffending aganis his lawis or making trubill and insurrectioun heireftir : And gif ony of my kin will not obey me in this behalf, I sail vpoun my Lord Regentis poweris to be gewin, owther deliuer or present thame to the iustice, or than put thame out of the cuntrey : Item, for obseruatioun and suir keping of all and sindrie the premissis, I sail owther entir my secund sone, or Patrik Grant of Davey, to remane as pledge with his Grace in sic place, and for sic space, as he sail think convenient : Thir thingis being accomplessit and fulfillit be me, I humelie crave remissioun to my self and haill persones of my surname and tennentis, vnlandit or beneficit and nocht duelland vpoun my Lord Regentis proper landis, for all crymes committit be ws sen the xi day of Junij 1567 to the dait heirof (idolatrie, wichecraft, incest, adulterie, murther, slauchter, fire raising, rewesing of wemen, thift, and resait of thift exceptit). Sic subscribitur, Johne Grant of Freuchquhy. Extractum de libra actorum Secreti Concilii, S. D. N. Regis per me Johannem Andro, deputatum clericum eiusdem, sub meis signo et subscriptione manualibus. Johne Andro, scrib heirto. 1569.] OF THE GRANTS OF GRANT. 137 133. Precept for a Remission to John Grant of Freuchie and others, for accession to the Earl of Huntly's rebellion. 3d July 1569. Oure Souerane lord, of his speciali grace and mercy, with auise and consent of his dearest cousing, James erll of Murray lord Abimethie, Regent to his Hienes, his realme and liegis, ordanis ane remissioun to be maid vnder the greit seill, in dew forme, to Johnne Grant of Frewchy, Patrik Grant of Ballindalloch, Patrik Grant of Davey, and James Grant of Kinkirdie, for thair tressonabill taking of armes and cuming to the feildis with displayit baneris in cumpany with George erll of Huntlie lord Gordoun and Badzenoch, aganis our said souerane lord and his authoritie, at the Hauch of Mekillour, burrowis of Inuernes and Abirdene, and at the landis of Fetteresso ; for inuasioun and persute of his Maiestie, his authoritie, and the regiment of this realme establissit in the persoun of his said dearest cousing, in the monethis of August, October, December and Marche last bipast ; and for all actioun and cryme that may be imput to thame or ony of thame thairthrow ; and for all vtheris actionis, tressonis, crymes and transgressionis quhatsumeuir committit be thame or ony of thame, fra the xi day of Junii, the zeir of God jmv° thre scoir sevin zeris to the day and dait heirof (ydolatre, wichecraft, incest, adultre, murthour, fyre rasing, slauchter, revesing of wemen, thift and recept of thift, stroking of fals cunze, or inbringing and distributioun thairof amangis the liegis, and slauchter of reid fische allanerlie except) ; and that the said letter be extendit, and preceptis to be direct ordourlie heirupoun, with extensioun of all claussis necessar. Subscriuit be our said soueranis dearest cousing and regent, at Aberdein, the thrid day of Julii, the zeir of God jmvc thre scoir nyne zeiris. James Regent. gratis. RoTUS the1118. 134. Composition and Remission by King James the Sixth to John Grant of Freuchie and his clan. 9th July 1569. Componitur pro remissione supremi domini nostri Regis cum Johanne Grant de Freuchy, Patricio Grant de Culcabaik, Johanne Grant in Tullochgorme, Duncano Grant de Eister EUoquhy, Johanne Grant in Kinvequhy, Alexandro alias Alester Grant in Daichcarne, Patricio Grant in Tulloche, Jacobo Grant in Aichkernik, Alexandro Grant in Inuerrurie, Jacobo Grant in Camedull, Patricio Grant in Glenloquhy, magistro Willelmo Grant in Moirnythie, Johanne Grant in Laitdaych, Johanne Grant in Inuerloquhy, Willelmo Grant ibidem, Alexandro Grant in Gartell, Patricio Grant in Glenboig, Willelmo Grant in Auchnaro, Archibaldo Grant in Dalcullye, Patricio Grant in Fones, Alexandro alias Alester Grant in Glenloquhy, Gilberto alias Gibbone Grant in Avilochtane, Johanne Grant in Cwrie, Johanne Grant in Gellavie, Alexandro alias Alester Grant in Mirkariche, Nigello Grant in Monkcowrth s 138 CHARTERS AND MISCELLANEOUS WRITS [1569. Johanne Grant in Dragchie, Jacobo Grant ibidem, Johanne Grant in Wester Dalculloch, Willelmo Grant in Brodland, Paulo Grant in Calladour, Paulo Grant in Over Cowgles, Donaldo Grant in , Andrea Grant in Claytak, Andrea Grant in Achnarrovoir, Johanne Grant in Vuer Finrek, Johanne Grant inGlencougles, Patricio Grant in Glenardour, Duncano Grant in Fodderledder, Duncano Grant in Drummownlie, Willelmo Grant in Leitdarecht, Johanne Grant in Dalrachye, Johanne Grant in Arthindullye, Alexandro alias Alester Grant in Rowmoir, Johanne Grant de lie Bray de Vrquhard, Johanne Grant in Gartallie, et Alexandro alias Alester Grant in Vrquhart ; pro eorum proditoria armorum bellicorum sumptione, et ad campos, vexillis distentis, in societate et contubernia cum Georgio comite de Huntlie domino Gordoun et Badzenoch, etc., deuenientia contra dictum supremum dominum nostrum Regem et ipsius autoritatem ad lie Hauch de Mekillour, burgos suos de Inuernes et Abirdene, et ad terras de Fetheresso, pro sui ipsiusque autoritatis et regiminis regni sui, in personam charissimi sui consanguinei Jacobi Morauie comitis domini Abirnethie, etc., ipsius serenissime Maiestatis regnique sui ac liegiorum suorum Regentis, inuasione et prosecutione, in mensibus Augusti, Octobris, Decembris, et Marcii vltimis elapsis ; et pro omnibus actione et crimine que eis ob idem imputari aut sequi poterint ; ac pro omnibus aliis actionibus proditorie traditionis, criminibus et transgressionibus quibuscunque, per ipsos a vndecimo die mensis Junii, anno Domini jmvclxvij° vsque ad diem date presentium commissis seu perpetratis; idolatria, incantatione, incestu, adulterio, murthuro, incendio, homicidio, mulierum raptu, furto, furti receptione, monete fabricatione, adulterate monete infra hoc regnum importatione, ac eiusdem monete intra legios eiusdem sparsione et distributione, ac rubeorum piscium interfectione duntaxat exceptis. Subscriptum per dominos commissarios, apud Abirdene, nono die mensis Julii, anno Domini jmv°lxix°. Gratis ex mandato domini Regentis, etc. RoTUS theius. dunfermling. Balmerinacht. J. Cls Regri Pettaro. Ballquhen. 135. Commission of Justiciary to John Grant of Freuchie and Duncan Grant his son, for the trial of George McYntagart and others. 16th August 1569. James be the grace of God King of Scottis, to all and sindry our liegis and subdittis quhome it efferis, quhais knawlege thir oure letteris sal to cum, greting : Forsamekill as we and oure dearest cousing, James erll of Murray, lord Abirnethie, regent to ws, our realme and liegis, vnderstanding that George McYntagart, Johnne Glass McLauchlan Roy alias Lawrioch, and Donald McGillepatrik McThomas alias Testemen, with thair complices, in the monethis 1569.] OF THE GEANTS OP GRANT. 139 of October and Februare last bipast, tressonabillie rasit fyre, committit slauchteris, reiffis and oppressionis, vpoun diuerss our trew liegis on the ground and landis of Rothymurcus and Glencharnych, within our schirefdome of Inuernes ; for the quhilkis being callit to vnderly our lawis, in default of finding of souertie, wes denunceit our rebellis and put to our home ; and being laitlie tane and apprehendit be our weilbelouittis Johnne Grant of Frewchy and Duncane Grant, his sone and apperand air, thay on na wayis may do iustice vpoun thame conforme to thair demeritis without our power and commissioun had thairto : Thairfoir to haif gevin, grantit and committit, and be thir our letteris with auise and consent foirsaid gevis, grantis and committis, to the saidis Johnne and Duncane, and ilk ane of thame, coniunctlie and seueralie, oure full power, speciali command and charge, court or courtis of iusticiarie within the boundis of our schirefdomes of Inuernes, Elgin and Fores, or ony of thame, to set, begin, affirme, hald and continew, and as the foirsaidis personis our rebellis, tane and apprehendit, as said is, beis fundin culpabill or innocent, to minister iustice vpoun thame conforme to the lawis of oure realme ; and to that effect, assyiss ane or ma within the saidis boundis and four half about to summond ; clerkis, seriandis, dempstaris, and all vtheris officiaris and memberis of court neidfull, to mak, creat, substitute and ordane, for the quhilk thai salbe haldin to ansuer; and generallie, all and sindry vtheris thingis to do, exerce and vse, that in the premissis is necessarlie knawin to pertene : Ferme and stabill haldand and for to hald all and quhatsumeuir thingis oure saidis commissionaris and ilk ane of thame, coniunctlie and seueralie, lauchfullie leidis to be done in the premissis : Prouiding that thai report the proces to be led vpoun ilk persoun within twa monethis nixteftir thai be execute to oure justice clerk or his deputtis : Attour, we gif and grant oure full power to the provest and baillies of Elgin to tak the aythis of the saidis Johnne and Duncane for dew and lauchfull administra- tioun and vsing of this commissioun. Gevin under oure signet and subscriuit be oure said dearest cousing and regent, at Sanctandrois, the xvi day of August, and of oure regnne the thrid yeir, 1569. James Regent. Curia burgalis burgi de Elgin tenta in pretorio eiusdem per honorabiles viros Joannem Annand, prepositum dicti burgi, et Jacobum Gardin, vnum balliuorum eiusdem burgi, secundo die mensis Septembris, anno Domini miliesimo quingentesimo sexagesimo nono ; sectis vocatis, curia fensata et rite affirmata. The quhilk day comperit ane rycht honorabill man, Duncan Grant, sone and apperand air to ane rycht honorabill man, Jhone Grant of Frewchy, and thair judicially presentit thir letteris within wreittin to the provest and bailze abone specifeit, desyring tham and ilk ane of thame to resaue his ayth of fidelity, conform to the tennour of the said letteris and thair commissioun derectit thairinto : Quhilkis provest and bailze resauit with detfull reuerence the said letteris, and causit reid the samyn ; quhilkis being done, causit the said Duncane Grant, apperand air foirsaid, to mak his ayth of fidelity for leill and faythfull administratioun 140 CHARTERS AND MISCELLANEOUS WRITS [1569. of justice, conform to the tennour of the commissioun within wrettin derectit to him thair upon : Quha being sworne in maner foirsaid, and his ayth of fidelity resauit, as said is, the foirsaid Duncane Grant desyrit act of court and instrument at me, notar publick vnder wrettin, and commond court dark of the said brugh of Elgin ; befoir thir witnes, Jhone Hay in Allanboy, Farchar Robertson in Allachy, Jhone Ruthirfoird, William Zoung and Thomas Kar, burgessis of Elgin, with vtheris dyueris. Ita est, Vilhelmus Hay, scriba curie burgalis burgi de Elgin, notariusque publicus in premissa requisites per prefatum Duncanum Grant, manu propria asseruit. 136. Discharge by William Douglas of Lochleven to John Grant of Grant. August 1569. I, William Dowglas of Lochleuin, granttis me to haue ressauit fra the [handis] of ane honorabill man, Johne Leslie of the Newtoun, in name and behalf of the laird of Grant, the sowme of ane hundreth thre scoir twelf pundis money, quhilk the said laird of Grant wes assignit to hawe payit me quhen the Queine wes heir in Lochlewin : Off the quhilk sowme of ane hundreth thre scoir twelf pundis I hald me weill content and payit, and dischargis the said Laird of Grant and Johne Leslie thairof, and all vtheris, as effeiris, be this my acquit tance subscriuitt with my hand at Loch[leuin] the day of August 1569. Williame Douglas of Lochleuin. 137. Commission of Justiciary to Alexander Dunbar of Cumnok, knight, and others, for the trial of Alexander McAllan, etc. 10th September 1569. James be the grace of God King of Scottis, to all and sindry our liegis and subdittis quhome it efferis, to quhais knawlege thir oure letteris sal tocum, greting : Wit ze ws to haif maid, constitute and ordanit, and be thir oure letteris, with auise and consent of our dearest cousing, James erll of Murray lord Abirnethie, Regent to ws, our realme and liegis, makis, constitutis and ordanis our weilbelouittis Alexander Dunbar of Cumnok, knycht, our schiref of Elgin and Fores, Robert Dunbar of Durris, and James Dempstar of Auchtirles, schiref depute of Banff, and ilk ane of thame, coniunctlie and seueralie, oure verie lauchfull and vndoutit iustices in that part, to the effect vnderwrittin : Gevand, grantand and committand to thame our full power, speciali command, expres bidding and charge, court or courtis of iusticiarie within the boundis of our schirefdomes of Elgin, Fores or Banff, or ony of thame respectiue, at quhatsumeuir part or place thairof, to set, begin, affirme, hald and continew ; and in the samyn court or courtis Alexander M° Allan, Angus Dow Makgregor aHas Busdow, Duncan McConan, Johne McConnoquhy McVrahatar, delaitit of fyre rasing, murthour, slauchter, 1570.] OP THE GRANTS OF GRANT. 141 thift, resset of thift, commoun sornyng and vtheris crymes and offends committit be thame, to put to the knawlege of ane assyis for the saidis crymes, and as thai be fundin culpabill or innocent, to minister iustice vpoun thame conforme to the lawis of our realme ; clerkis, seriandis, dempstaris, and all vtheris officiaris and memberis of court neidfull, to mak, creat, substitute and ordane, for quhilk thai salbe haldin to ansuer ; assyis ane or ma dwelland within the boundis of our saidis schirefdomes and four half about, leist suspect and that best knawis the veritie, to sufficient nowmer, ilk persoun vnder the pane of xx H., to summond, warne, cheis, and caus be sworne ; and generallie all and sindry vther thingis to do, exerce and vse, that for accomplissing of the premissis is necessarlie knawin to pertene : Ferme and stabill haldand and for to hald all and quhatsumeuir thingis our saidis iustices, coniunctlie and seueraHe, in the premissis lauchfullie ledis to be done : And that thai bring and present the proces to be led heirupoun to our iustice clerk or his deputtis within the space of twa monethis eftir the dait heirof: Attour, we gif and grant oure speciali power to the provest and baiUies of Elgin, Fores and Banff, or ony of thame, coniunctlie and seueralie, to tak the ayth of our saidis iustices for dew administratioun of iustice, according to this our com missioun. Gevin vnder oure signet and subscriuit be oure said dearest cousing and regent, at Edinburgh, the tent day of September, and of our regnne the thrid zeir, 1569. James Regent. 138. Contract between Donald M°Callan McEwin and John M°Callan McAne and others. 4th April 1570. At Daochmolowak in Strathpeffir within the erldome of Ross, the fowrt day of Aprile, in the zeir of God ane thowsand fyve hundreth and saxte ten zeris, it is appointit, agreit and finaHe endit betuix honorabill and discreit persons, Donald McCallan McEwin in Mammoir in Lochchabir on that ane part, and Jhone McCallan M°Ane in Lochchabir, Alexandir his bruder thair, Martein McConoche Ekmartein thair, Jhone Dow M°Ane Ekane thair, Johne McNeiH Ekane Ekcorilla thair, on the vthir part, in forme and effect as eftir follows : That is to say, the saidis Jhone McCallan Ekane, Alexander his bruder, Martein McConoche Ekmartein, Jhone Dow McAne Ekane, Jhone McNeill Ekane Ekcorilla, with thair freindis, seruandis, assisteris and parttakaris, sail fortife, mantein and defend the said Donald McCallan in all and haill his efferis, querelis, and actionis, as he has ado contrar all mortale, the authoritie being exceptit onlie ; and in lyke maner, the said Donald with his freindis, seruandis and assisteris and parttakaris sail fortife, mantein and defend the saidis Jhone McCallan McAne, Alexander his bruder, Martein McConoche, Jhone Dow and Jhone MacNeill, thair freindis, seruandis, assisteris and parttakkaris contrar all mortale, the authoritie being exceptit ; and sail tak anfald part with vtheris contrar all mortale, being exceptit that is exceptit, ay and quhill tha haiff ane lauchfull cheif, tutor or curator, quha sail haif the steir 142 CHARTERS AND MISCELLANEOUS WRITS [1570. and guuernance of thair cuntray of Lochchabir, to the quhilk cheif, tutor or curator, tha are bayth contentit to obey : And for obseruyng, keping and fulfilling of bayth the partes, bayth the parteis ar swarne to stand ferme and stable in keping of the premissis. In witnes heirof the parteis hincinde has subscriuit this present writt with thair handis led at the pen be the notar onderwrittin, as eftir followis, day, zeir and place aboune writtin ; befoir thir witnes, honorabill and discreit men, Rore M° Alexander of Borrodill, Jhone Dingwell apperand of Kyldoin, Hector McAlexander, Johne Reowch McLachlan Ekcallan, James McCallan, Alexander Wrquhart, seruandis to McKenze, with vtheris diuers. Donald McCallan McEwin, with my hand on the pen led on the pen be the notar onderwrittin at my command. Jhone McCallan McAne, with my hand led on the pen be the notar onderwrittin at my command. Alexander McCallan M°Ane, with my hand led on the pen be the notar onderwrittin at my command. Martene McConoche M°Martein, with my hand led on the pen be the notar onderwrittin at my command. Johne Dow M°Ane Ekane, with my hand led on the pen be the notar onderwrittin at my command. Jhone M°Neill Ecane Eccorlla, with my hand led on the pen be the notar onderwrittin at command of me. Ita est, magister Alexander Mackenze, notarius publicus, per dominos consilii de nouo admissus, requisitus in premissis, manu sua de mandato ambarum partium scripsit. Hec est vera copia principalis, nil mutando aut reformando" quod rei substantiam mutare poterit, copiata et collationata per me, magistrum Alexandrum, notarium pubHcum, predictum. Ita est, magister Alexander McKenze, notarius publicus, in premissa requisitus, manu sua scripsit. 139. Bond by Colin McKenzie, apparent of Kintail, to assist John Grant of Freuchie against the Clanrannald, etc. 27th July 1570. Be it kend till all men be thir presentis, me, Collene McKenze, sone and apperand air to vmquhile Kennoch McKenzie of Kintaill, for proximitie of blude, luf, kindnes and gude deid, done to me be ane honorabill man, Johne Grant of Fruquhy, to be bound and oblissit, and be the tennour heiroff bindis and oblissis me and my airis to ane honorabill man and my 1571.] OF THE GRANTS OP GRANT. 143 beluffit freind, Johne Grant of Fruquhy, be the fayth and trewth of my body, that I and my airis be oure selffis, kyn, frendis and allya and part takaris, sail assist, fortifie, manteine and defend the said Johne Grant of Fruquhy, his airis, his and thair kyn, frendis and heretage contrar the Clanrannald and all vtheris quhatsumeuir that sail happin to molest, inquiet, distrubill or persew the said Johne Grant of Fruquhy or his airis, his and thair frendis, kyn and heretage, rowmes and possessionis, by the law and by the ordour of the auctorite, and tak plane part with him and his airis thairintill contrar all mortall, the auctorite and my lord of Adholie allanerlie exceptit, and sail keip to him and his airis sik vther promessis as I haue maid to him at the making heiroff, in presens of his and my frendis, vnder the panis of periure, infame and inhabilitie and violatioun and brekin of my honour and lawtie. In witnes of the quhilk I haiff subscriuit thir presentis with my hand, at Elgin, the twenty sevint day of Julii, the zeir of God ane thowsand five hundretht threscoir ten zeiris, befoir thir witnes, honorabiU men, Walter Vrquhart, schirreff of Cromertie, Murdo McKenzie of Fairburn, Alexander Bayn of Tulloch, Patrick Grant of Dalwey, Duncan McCondathie Grant in Gartinbeig. Colyne McKenze of Kyntaill. 140. Contract between John Grant of Freuchie and Angus Mc Alester, son of Alex ander M°Keane of Glengarrie, for the marriage of Donald Mc Angus McAlester and Helen Grant, etc. 17th November 1571. At Elgin, the sewintene daye of Nouember, the zeir of God jmvc threscoir alewin zeiris, it is appoynttit, concordit and finallie endit and aggreit betuix ane honorabill man, Jhone Grant of Frewquhy on that ane part, and Angus McAlestir, sone and air to vmquhiU Alex ander McKeane of Glengarrie, on that vther part, in maner, forme and effect as eftir followis : That is to saye, the said Angus McAlestir takand the burding in and vpone him of Donold Mc Angus McAlestir, his sone and apperand air, bindis and oblissis him to caus the said Donold, his sone, solempnizat and compleit the band of matrimony e, in face of halie kirk, with Helene Grant, lauchfull dochter to the said Jhone Grant of Frewquhy, betuix the daye and dait of thir presentis and the feist of Sanct Jhone the Baptist, callit Midsymmer, nixt eftir the dait of the samyn ; and sail infeft the said Donold and Helene Grant in coniunct infeftment in all and haill the landis of the halfe dawache of Reragie in Lochcaliche, the halfe dawache of Auchynhunneth lyand thair, the halfe dawache of Edderracharran in Loch- carran, the halfe dawache of Achdallie in Lochcarran, with thair salmound and hering fischingis, with thair partis, pendicuHs and pertinentis, lyand within the scherrefedome of Inuernes, to be haldin of our souerane, superiour of this realme, according to the tennour of the auld infeftmentis grantit to the predicessouris of the said Angus, lairdis of Glengarrie, and to the airis maiU to be gottin betuix the said Donald and the said Helene, — within the space of twa monethis nixt and immediat following the dait of the infeftment to be maid be 144 CHARTERS AND MISCELLANEOUS WRITS [1571. the said Jhone Grant of Frewquhy to the said Angus Mc Alester vpone the landis of Glen garrie and the remanent vtheris landis eftir specefeit : And als the said Angus bindis and oblissis him to infeft the said Donold and the airis maell to be gottin betuix him and the said Helene, quhilkis failzeing, the saidis Donaldis airis maell to be gottin of his bodie, and failzeing thairof, to retume to the said Angus and his airis maell quhatsumeuir, be resigna- tioun in our soueranis handis, superiour of this realme, in all and haill his heretage and landis, with fischingis, partis and pendicuHs, quhilk he salhappin to ressaue be infeftment of the said Jhone Grant of Frewquhy conforme to this contract ; and als, in all and sindre his vtheris landis, heretagis and fischingis quhatsumeuir : Reseruand the lyfrent of the samyn to the said Angus, and coniunct fie of the said Angus wyf; and the landis of the twa merk land of Londie, the twa merk land of Auchlewchrych, the twa merke landis of Dangeing with the pertinentis, the landis of Morar, the merke land of Kelis, the merke land of Kyn- monowok and Suerdolane, the merke land of Breggarfnychtoir, the halfe merk land of Nosterie and Glanssincardeche, and the halfe merke land of Akirsyde, with thair pendicuHs, partis, pertinentis and fischingis, [to be gewin] be the said Angus to Allain McAllestir, his broder, and his airis maell to be gottin of his bodie, quhilkis failzeing, to returne to the said Angus and his airis maell, in heretage be his charter and precept, to be haldin be seruice of ward and releif of the said Angus and his airis ; quhilk sail contene reseruatioun of the thrid of the cheitterie of court of the saidis landis to the said Angus and his airis maell, with taxatioun of the saidis landis to the said Angus and his airis maill foirsaidis, quhen he or thai passis to court, or vther wayis as the said Angus and his airis foirsaidis sail tak and rais of the remanent of the said Angus landis ; for quhilk the said Allane MAlestir sail for him and his airis foirsaidis gif and mak to the said Angus and his airis foirsaidis ane sufficient band of manrent, in sic forme as the said Angus giffis to the said Jhone Grant of Frewquhy : And siclyk the said Angus bindis and oblissis him to gif to the said Donold, his sone and apperand air, how swne he cumis to perfectioun of auchtene zeiris of age, the haill thrid of his lewing and heretage, to be brukit and iosit be him according to the vse and fassioun of the cuntre : And failzeing of the premissis, the said Angus bindis and. oblissis him faythfullie, his airis and assignayis, to content and paye to the said Jhone Grant of Frewquhy, his airis or assignayis, the sowme of sax thowsand pundis vsuall money of this realme : And gif it sail happin at the plesour of God that there salbe na airis nor barnis procreat nor gottin betuix the said Donold, sone to the said Angus, and the said Helene Grant, except airis and barnis famaill, in that caice the said Angus bindis and oblissis him and his airis and successouris, lardis of Glengarrie, to content and paye to the saidis airis fameill to be gottin betuix the said Donold and the said Helene, gif thair salhappin to be bot ane of thame, the sowme of ane thowsand merkis vsuall money of this realme, to marie hir with ane honest parage [partei] ; and gif thair salhappin to be twa of thame, sail gif and paye to thame the sowme of tuelfe hundreth merkis money foirsaid, to 1571.] OF THE GRANTS OF GRANT. 145 be partit equalie betuix thame to doit and tocher thame in mariage with honest parteis ; and gif thair salhappin to be thre of thame, sail gif to ilk ane of thame the sowme of sax hundreth merkis money foirsaid to doit and tocher thame in mariage, as said is ; and gif thair salhappin to be mair thane thre, to doit and tocher thame in honest mariage with honorabiU parteis, as he sail think expedient and as becumis him, his airis and succes souris, to do of their honouris : And siclyk the said Angus bindis and oblissis him faythfullie to delyuer ane sufficient band of manrent, quhilk maye iustlie stand be the law of this realme, contenand the claussis specefeit in this present contract and vtheris claussis rationale and necessarie, as the said Jhone Grant, his airis or successouris, sail think expedient to be put in the samyn ; bindand and oblissand him, his airis and successouris, lairdis of Glengarrie, to serue the said Johne Grant of Frewquhy, his airis and successouris, lardis of Frewquhy, perpetuallie in tyme cuming, with his and thair kyne, freindis, allyay and part- takkaris, in all his actionis and caussis quhatsumeuir, in the law and by the law, aganis quhatsumeuir persoun or personis, the auctoritie of our souerane and his cheiff of Clenrandall onlie beand exceptit : Prowyding alwayis that gif it salhappin the said Angus, cheif of Clenronald, or his airis, to moif ony questioun or actioun contrar the said Jhone Grant of Frewquhy, his airis or successouris, kyn, freindis or heretage, in onye tyme cuming, in that caice the said Angus bindis and oblissis him, his airis and successouris, as said is, that he, his airis and successouris, sail tak afald and plane part and concur with the said Jhone Grant, his [airis] and successouris, contrar his said cheif, his airis and successouris, and to accumpanye with the said Jhone Grant of Frewquhy, his airis and successouris, be him selfe, his kyn, freindis, allyay and part takkaris foirsaidis, at sic place as salbe appoynttit to the said Angus, his airis or successouris, be the said Jhone Grant, his airis or successouris, vpone the premonitioun of aucht dayis to be maid to the said Angus, his airis and successouris, be the said Jhone Grant, his airis or successouris foirsaidis, nochtwith standing the exceptioun of the said Angus cheif foirsaid : And gif it salhappin the said Jhone Grantt of Frewquhy, his airis or successouris, to moif onye questione, querell or actioun of his awin occasioun contrar the said Angus cheif, his airis or successouris, in that caice the said Angus, nor his airis nor successouris, sail nocht be oblist to tak part nor concur with the said Jhone Grant of Frewquhy, nor his airis nor successouris, nochtwithstanding his said obligatioun and band maid to the said Jhone Grant, his airis or successouris : And gif it salhappin onye persone or parties to herrie, oppres, reiff, some, or do onye vther iniurie to the inhabitantis of the said Jhone Grantis landis of Vrquhart and Glenmoristoun, lyand within the said scherefedome of Inuernes, or onye vther the said Jhone Grant his airis and successouris thair landis, cuntreis or heretagis, in onye tyme cuming, the said Angus bindis and oblissis him, his airis and successouris foirsaidis, to fortifie, manteine and concur with the inhabitantis of the saidis landis of Vrquhart and Glenmorestoun and vtheris his and thars landis, cuntreis and heretagis, and defend thame at his and thair vttermest powar, and T 146 CHARTERS AND MISCELLANEOUS WRITS [1571. tak afald part with thame in resisting, revenging, restitutioun and reparing of all skayththis, iniurie and herme, to be done to the said Jhone Grant of Frewquhy his airis and successouris landis and heretagis of Vrquhart and Glenmorestoun, and vtheris quhatsumeuir his landis and heretage; and sail do his exact diligence to heme bring the guidis and geir that salhappin to be takene awaye furth of the boundis of the saidis landis of Vrquhartt and Glen moreistoun, and vtheris his landis and heretage quhatsumeuir in onye tyme cuming, be thair awin fords, gif thai maye do the samyn, and restoir and delyuer the samyn again to the awnaris thairof, in sic maner as gif the guidis and geir war takin awaye and spoilzeit fra thame selffis : And gif the said Angus, his airis and successouris, be thame selffis, thair kyn and freindis, be nocht able to reuenge the oppressioun, reif and stouth, to be done or maid be quhatsumeuir persone or personis vpone the landis of Vrquhart and Glenmoreistoun and inhabitantis thairof, and vtheris the said Jhonis, his airis and successouris, landis and heretage, and maye nocht restoir the samyn as said is, the said Angus bindis and oblissis him, his airis and successouris, to be readye with his kyne and freindis to accmnpanie with sic ane gentillman landit as saU pleis the said Jhone Grant, his airis or successouris to direct, and pas in companye with the said Angus, his airis and successouris, kyn and freindis foir saidis, for reparing and restitutioun of the dampnage and skayth to be done, as said is : And attour, the said Angus bindis and oblissis him, his airis and successouris foirsaidis, that at quhat tyme it salhappin the said Jhone Grant of Frewquhy, his airis or successouris foirsaidis, to be chargit be the auctoritie to quhatsumeuir oistis or weris, the said Angus, his airis and successouris, sail accumpanye with the said Jhone Grant, his airis and successouris foirsaidis, in the said oisting and weris, fra the daye of the begynnyng thairof to the end of the samyn, the said Angus his airis and successouris cheif of Clanronald nocht beand present in the saidis weris : And in caice onye persone or personis within the boundis, rowmis or heretage per tenyng or salhappin to pertene to the said Angus, his airis or successouris, to steill, reif or tak awaye onye bestiall or guidis quhatsumeuir, in onye tyme cuming, furth of the boundis of Strathspeye, in that caice the said Angus oblissis him, his airis and successouris, to staye and stope the samyn' at thair vttermest powar, and to restoir and redelyuer agane the bestiall, guidis and geir that salhappin to be takene furth of the boundis of Strathspey, to the awnaris thairof within the space of ten dayis eftir the awaye takking or stouth of the samyn, or ellis to paye the samyn agane of thair awin guidis, and punische the committaris of the saidis crymis according to the tennour of the lawis of this realme : Attour [the said] Jhone Grant of Frewquhy is presentlie content that the said Angus bruik and iois all and haill the nyne merk [landis of] Lochealche, pertenyng to him be comprysing fra the Clanchamron, ay and quhill the said Angus obtene the landis of [Auchin]drone with the pertinentis, lyand within the said scherefedome, be his awin titill and rycht quhilk he hes to the samyn, quhilkis . . . that the said titill be nocht sufficient to bruik the saidis nyne merke landis of Lochealche, aye and quhill the said Angus, be himselfe and his labouris, or 1571.J OF THE GRANTS OP GRANT. 147 vtherwayis be the labouris of the said Jhone Grant of Frewquhy, maye obtene the titill and rycht to him of the saidis landis of Auchindrone ; and the said Angus titill quhilk he hes of the saidis landis of Auchindrone being fundin sufficient, and brukand the samyn thairbe, in that caice the said Jhone Grant of Frewchquhy and his airis to haue the saidis landis of Loch- alche, to be vsit be him and his airis or successouris thaireftir frelie but forder impediment : For the quhilkis fulfilling, obseruyng and keping of all and sindrie the poyntis [and] claussis foir saidis promesit be the said Angus, his airis and successouris, the said Jhone Grant of Frewchquhy bindis and oblissis him, his airis and successouris, to infeft the said Angus and his airis maell in the landis of Glengarrie, quhilk he hes be vertew of comprysing and infeftment maid thairupone, and siclyk in the landis of Doynathane and yle of Slechemene, the tuelfe merke landis of auld extent of Morar, the tuelfe merke landis of auld extent of Lochalche, the foure merke landis of Lochcarroun with thair pertinentis, lyand within the scherefedome foirsaid, quhilkis war comprysit to the said Jhone Grantis predicessouris fra the said Angus, in lyk maner to be haldin of our souerane be sic seruice as is contenit in the said Jhone Grantis infeftment maid thairupone, quhilkis salbe reiatiue to this present contract and contene this prouisioun following ; — that gif it salhappin the said Angus, his airis maell or successouris, to faUze in fulfilling and obseruing of thair band of manrent maid be thame to the said Jhone Grant, his airis or successouris, or onye poynt contenit thairin, or seruing of the said Jhone, his airis and successouris, in our soueranis oisting and weris in all tymes cuming, his cheif of Clanronald nocht being present in the saidis weris ; and siclyk in keping and fulfilHng of all and sindrie the poyntis, heidis, claussis and articulis contenit in this present contract, or onye ane of thame, in that caice the said infeftment to be fra thyne furth cassat, annullat, of na strenth, force nor effect, in na tyme cuming thaireftir, bot simpliciter expirit in it selfe, and as the samyn haid neuir bene maid ; and the said Jhone Grant of Frewchquhy, his airis and successouris, to haue als full and fre rycht, regreis, ingres and access, in and to the saidis landis with thair pertinentis as his awin proper heretage, and as he haid the samyn befoir the macking of his infeftment to the said Angus thairupone : And the said Jhone Grant of Frewchquhy, for him selfe, his airis and successouris, sail gif and delyuer to the said Angus, his airis and successouris foirsaidis, ane sufficient band of mantenance of thame, thair kyn, freindis, part takkaris and allyay, in all thair iust and honest actionis, and in all sic actionis as thai sail incur onye danger in the seruice of the said Jhone Grant, his airis or successouris, to be done be thame at his and thair commandis : And gif it salhappin the said Angus M°Alestir, his airis or successouris, to brek or failze in none fulfilling of this present contract or band of manrent to be gevin as said is, or onye poynt thairof as is befoir exprimit particularlie, he is content for him selfe, his airis and successouris foirsaidis, submittand thame to the iurisdictionis iugementis and decreit of the schereffis of Inuernes, Moraye, Abirdene, or thair deputtis ane or mair, commissaris of Abirdene and Moraye respectiue, or onye ane of thame respectiue, for the tyme berand the saidis officis, that gif onye poynt 148 CHARTERS AND MISCELLANEOUS WRITS [1571. or poyntis of this present contract or band of manrent foirsaid beis fundin brokene or contravenit be the said Angus, his airis or successouris, to the said Jhone Grant of Frewchquhy, his airis or successouris, befoir the saidis iugis or onye ane of thame befoir quhome the said Jhone Grant of Frewchquhy, his airis or successouris, plesis call or persew for contraventioun of none obseruing of the samyn, the said Angus his airis or successouris nocht mendand the samyn to the said Jhone, his airis or successouris, afoir the calling or persewing of the samyn ; and thaireftir onye of the saidis iugis afoir exprimit respectiue decernand thairin sail haue powar to decerne be thair decreit the foirsaid infeftment to be gevin be the said Jhone to the said Angus and his airis and successouris vpone the landis afoir specefeit to be null, invalid, of na strenth, force nor effect, in onye tyme cuming thaireftir, bot as the samyn haid neuer bene maid to the said Angus, his airis and successouris, onye ane poynt of contraventioun or none fulfilling of this present contract or band of manrent foirsaid being verefeit and provin befoir the saidis iugis or onye ane of thame, as said is : And decreit being pronuncit be onye of the saidis iugis, it sail nocht be lesum to the said Angus, his airis or assignayis nor successouris, to reclame, provok, appeill nor contravene the said decreit nor onye part thairof to be gevin as said is, in onye tyme cuming ; quhilk gif he or thai dois, the said Angus bindis and oblissis him, his airis and successouris, faythfullie to content and paye to the said Jhone Grant of Frewchquhy, his airis or successouris, the sow[me of] ten thousand pundis vsuall money of this realme, for coistis, skayththis, dampnage, expenssis et interesse ... to be maid be the said Jhone Grant of Frewchquhy, his airis and successouris foirnemmit thairanent, as . . . and liquidat betuix the saidis perteis afoir, or ewir the said Angus, his airis or successouris, be hard or . . . call or persew for reductioun of the said decreit befoir quhatsumeuir iuge or iugis within this realme : And . . keping and fulfilling of all and sindrie the premissis, bayth the saidis parteis, submittand thame and ilk ane of thame to the commissar of Morayis iurisdictioun in this caice, and renunceand all vther previlegiis, ar contentit that this present contract be insert and registrat in the said commissaris buikis, and haue the strenth of his decreit and act interponit heirupone ; and that the lordis of counsall fulminat and decerne thair letteris of hornyng, poinding or warding, at the instance of ather parte, in forme as efferis, vpone the samyn, and the said commissaris act and decreit interponit heirupone, as gif the samyn war insert and registrat in the buikis of counsall and decreit of the lordis interponit thairupone : And to that effect, the said Jhone Grant of Frewchquhy names and constitutis for him Mr Hew Cragie, parsoun of Inuerkaythny, William Gaderar, Sir Alexander Douglas, burgessis of Elgin, coniunctlie and seueralie his procuratouris, and the said Angus McAlestir names and constituttis for him Jhone Annand, William Haye, burgessis of Elgin, Mr. Martene Logie and Sir James Tarres, his procuratouris, coniunctlie and seueralie, to compeir befoir the said commissar quhatsumeuir daye and place to exhibit and present this contract, and consent to the registreing of the samyn ; and to act thame and ilk ane of 1572.] OP THE GRANTS OF GRANT. 149 thame, submittand thaim to the said commissaris iurisdictioun as said is, to obserue, fulfill and keip all and sindrie the poyntis, claussis and articulis of the samyn, vnder the panis of poynding, warding or hornyng, as said is; and that the lordis of counsall fulminat and decerne thair letteris in maner foirsaid at the instance of ather partie, in forme as efferis : In witnes of the quhilk bayth the saidis parteis lies subscryuit [this] present contract with thair handis, videlicet, the said Jhone Grant with his proper hand, and the said Angus McAlestir with [his] hand at the pen led be the notar vnderwrittin be him specialie requirit heirto, daye, zeir and place fo[irsaid] ; befoir thir witnes, Patrick Grant of Dalweye, Jhone Haye in Allanboye, Jhone Grant Reache in Kinveache, Farquhar Robertsone in Allochy, William Gaderar, burges of Elgin, and Sir Jhone Gibsone, parsone of Vnthank, notar publict, with vtheris diuerss. Sic subscribitur, Jhone Grant of Freuchquhy, Angus MAlestir, sone and air to vmquhill Alestir McKeane of Glengarrie, with my hand at the pen led be Sir Jhone Gibsone, notar publict, at my command be me specialie requirit heirto. Ita est, Johannes Gibsone, notarius publicus per dominos consilii admissus, per dictam Angusium specialiter in premissis requisitus, manu propria, et ex desiderio ambarum partium supra- scriptarum, etc. Extract furth of the Commissar of Elginis Contract Buikis, concordand with the originaH contract abone writtin in all poyntis, registrat in his saidis buikis, as at mair lenth is contenit thairintill, vnder the said Commissaris subscriptioun manuall in absence of his scrybe, to the quhilk his signet of office is affixit, etc. Maister Alexander Douglas, Commissar of Elgin, in absence of my scryibe, with my hand. 141. Ratification of Contract between John Grant of Freuchie and Colin McKenzie of Kintail. 18th April 1572. At Fores, the xviii day of Apryll, in the zeir of God ane thousand v° and saxty tuelf zeiris, it is tocht gud and necessar be Johne Grant of Fruquhy for his pairt, and Colyne McKenzie of KyntaiU for his pairt, ather of the said pairteis affermis and allouis the fyrst contract maid betuex the said pairteis in Elgyn, the gidder with this eik, maid in Fores, befor Schir Alexander Dunbar of Cumnok, knycht, Robert Lesly of Arthoursair, Ross of Lytill Terroll, Patrik Grant of Dalvay, and Alexander Bayn of Tulch, as efter follouis : That is to say, in cace the said Colyne McKenzie of Kyntaill repudiatis Barbara, dochter to the said Johne Grant of Fruquhy, than and in that cace the said Johne Grant of Fruquhy and his airis sail haue ingres and regres to half landis of Lochbrun, contenit [in the] pryncipall contract : And als the said Joh[ne Grant] of Fruquhy is content quhen it sail [hap]pin the [said] Colyne McKenzie to gett airis maill . . . Barbara Grant his dochter cumin to perfection of zeiris, nochtwithstanding . . . [ha]lding blance of the said landis of Lochbrun, of the said lard of Grant, he byndis and oblissis hymself [and] his airis to gif the 150 CHARTERS AND MISCELLANEOUS WRITS [1572. said landis of Lochbrun to the said Colyneis airis, as said is, to be haldin of the king ; and sicklyk, the said Colyne McKenzie of Kyntaill is content, for luff and fawour and kyndnes that ather of the saidis pairteis beris to wder, to mak ane freyndlie and ane equaU band, euere ane till wder, aganis Lachlane M°Intosche of Dunnachtan and all wderis mortaH, the King and the erle of Ross bean exceppit for the pairt of the said Colyne ; and for the pairt of the said Johne Grant of Fruquhy, the authoritie [and] the erle of Huntlie bean exceppit ; and all eikis to be put in the contract maid in Elgyn, except the band to be maid betuex tham, quhilk salbe maid be it self at the perfytting of thir forsaid secureteis ; and this we promes faythfully of our honouris to be done betuex this and the fyrst day of Maii. Subscriuit with our handis, befor thir wytnes, Schir Alexander Dunbar of Cumnok, knycht, Robart Lesly of Arthorsair, Alexander Ross of Lytill Terroll, Patrik Grant of Dalway and Alexander Bayn off Tulch. Johne Grant of Fruquhy. Colyne McKenze of Kyntaill. 142. Agreement between John Grant of Freuchie and Colin M°Kenzie of Kintail, with reference to the lands of Lochbroine. 26th April 1572. At Ballachastell, the xxvi day of Apryll, the zeir of God jmvc thre scoir and tuelff zeris, it is appointit and convenit betuix honorabill men, Johne Grant off Fruquhy, and Colene McKenze of Kintaill on the ane and other partis, concerning the bygane profittis of the half landis of Lochbroine, in maner following ; that is to say, giff the saidis parteis may be thair persuasioun and labouris caus Angus MeAllester of Glengarie to accept infeftment of the landis of Achdrome of the said Colene, and to pay for ilk merk land of the samyn as the said Colene payis to the said John for ilk merk land of the landis of Lochbroine ; in that cace the said John Grant of Fruquhy dischargis the said Colene of all bygane profittis of the saidis half landis of Lochbroine, be thir presentis : And gif the said Angus refuissis to accept the said infeftment, and to do thairfor in maner abone specifeit, sua that the said John Grant be constranit to ressaue infeftment of the saidis landis off Achdrome to himselff fra the said Colene, and to pay thairfor, as said is ; in that cais, baith the saidis parteis bindis and obleissis tham, be thir presentis, to vnderly the jugement and aduys of ane nobill and potent lord John erll of Athole, quhidder the saidis bygane profittis of the half landis of Lochbroin sail be allowit in payment or nocht, sa far as the same extendis to, for the said John Grant to the said Colene McKenzie for the saidis landis of Achdrome ; and quhoueuer the said noble lord adiuges or decernis, bayth the saidis parteis to abyid thairat irreuocable, be this writ, subscryuit with the handis off the saidis Johne and Colene, day, zeir, and place forsaid ; befoir thir vitnes, Patrik Grant of Dalwey, Mr Archibald M°Gregour, MriB Thomas Austean and Thomas Gordoun, notar publict, with otheris diuerss. Johne Grant of Fruquhy. Colyne McKenzie of Kintaill. 1572.] OF THE GRANTS OF GRANT. 151 143. Bond of Manrent between Johne Grant of Freuchie and Colin McKenzie of Kintaill. 26th April 1572. Thir indentouris ar maid at Ballachastell, the tuantie sext day off Apryll, the zeir off God jmvo tjjjQ ggQJj. an(j tuelff zeris, betuix rycht honorabill men, Johne Grant off Fruquhy, for him selff and his airis, on the ane part, and Colene McKenze off Kintaill, for him selff and his airis, on the other part, for continwall preseruatioun, interteining and manteining off luiff, freindschip, amitie and kyndnes, betuix the saidis parteis and thair airis respectiue and successiue in tyme cuming, and for avoiding, removing, resisting and vnbescheving off all extorsionis, inuasionis, herschippis or other inconuenientis quhatsumeuir that mycht chans vpone ony off the saidis parteis or thair airis or landis be quhatsumeuir personis in ony tyme heireftir, in maner, form and effect as followis : That is to say, the said Colene M°Kenze bindis and obleissis him be the fayth and trewth off his body, vnder the pane off periure and diffamatioun, and his airis, the said Colene being suom thairto, the haly euangelis tuichit, that in all tyme cuming he and his airis, be tham selffis, thair kin, freindis and assistence, sail tak afald and plane part with the said John Grant and his airis for defens of tham, thair cuntreis, landis, freindis and seruandis, fra quhatsumeuir persuit, extorsionis, inuasionis or othiris inconuenientis that sail happin to cum on tham, or for requyting and reuenging off the samyn aganis quhatsumeuir personis or parteis, the authoritie and erlis of Ros only being except : And in speciali, giff it sail happin the said Johne Grant off Fruquhy, his airis, kin, freindis, seruandis, cuntrey or landis, to be inuadit or persewit in ony sort be Lachlan McKintoische off Dunnachtan, his airis, kin, freindis, seruandis or assistence in ony tyme cuming, the said Colene M°Kenze and his airis, with thair kin, freindis and assistence, to concur and tak afald and plane part with the said Johne and his airis in resisting or requyting and reuenging off the same (as giff the said extorsione wer done to the said Colene, his airis, kin, freindis or seruandis), aganis the said Lachlan and his airis, all excuiss, fraud and gyill secludit and avayput, vnder the pane forsaid : And siclyk, the said Johne Grant off Fruquhy bindis and obleissis him and his airis to the said Colene and his airis, be the fayth and trewth of his body, vnder the pane abone exprimit, and is suorn thairto, the haly euangelis tuichit, that in all tyme cuming he and his airis, be tham selffis, their kin, freindis and assistence, sail tak afald and plane pairt with the said Colene and his airis, for defenss off tham, thair cuntreis, landis, freindis and seruandis, fra quhatsumeuir persuit, extorsionis, inuasionis or otheris inconuenientis that sail happin to cum on tham, or for requyting and reuenging off the samyn aganis quhatsumeuir persones or pairteis, the authoritie and erlis off Huntle only being except : And in speciali, giff it sail happin the said Colene McKenzie, his airis, kin, freindis, seruandis, cuntrey or landis, to be inuadit or persewit in ony sort be Hew Fraser off Lowat, his airis, kin, freindis, seruandis or assistence, in ony tyme cuming, the said Johne Grant and his airis with thair kin, freindis and assistence, to concur and tak 152 CHARTERS AND MISCELLANEOUS WRITS [1573. afald and plane pairt with the said Colene and his airis, in resisting or requyting ... the same aganis the said Hew and his airis, as giff [the] said extorsioun wer done to the said Johne, his [airis, kin, freindis] or seruandis, all excuis, fraud and gyill secludit [and away] put, vnder the pane forsaid : And for obs[eruing] . . forsaidis indentouris and band, and lesting weill ... off Fruquhy and Kintaill in tyme cuming . . . teis oblesis and astrictis thair airis vnder . . . forsaid that quhat tyme or quhousone ony off . . . entrit in and to thair landis, and beis requerit be the other partie to renew, ratifie and appreiff this present in[dentour and] band that thai sail renew and subscryve the same, conform to the generall claussis concerning this present band ... in the contract maid betuix the saidis pairteis the day immediat preceding the dait heiroff In witnes quhairoff, bayth the saidis pairteis hes subscryuit this present band and indentour with thair propir handis, day, zeir and place forsaidis, befoir thir vitnes, honorabill and discreit men, Patrik Grant of Daluey, Mr. Archibald M°Gregour in Tullochgrumen, Mr. Thomas Austean and Mr. Thomas Gordoun, notar publict, with otheris diuerss. Johne Grant of Fruquhy. Colyne McKenze of Kyntaill. 144. Letter of Concurrence by Walter Abbot of Kinloss, for comprising the lands of Hauchis from Bessie Gordon, relict of Thomas Baillie of Ardneidlie, to Thomas Meldrum of Aden. 19th February 1573. Valter be the permissioun of God abbot of Kynloss and ourlord to the landis vnderwrittin, mackis manifeist and declaris be thir presentis to all and sindrie quhome it efferis, that Thomas Meldrum of Aden hes obtenit ane decreit before the schirreff of Bamff, decerning and ordining Bessie Gordown, relict of vmquhill Thomas Bailie of Ardneidlie, to content and pay to the said Thomas the sowme of sewin hundert fourescore aucht lib., aucht schillingis, money of this realm, as in the said decreit at mair lentht is contenit, of the dait the penult day of Nouember, the zeir of God jmv°lxxij zeris : And becauss of inlaik of mowabill geir pertenyng to the said Bessie, stranzeable for the said sowme, the said Thomas Meldrum hes obtenit preceptis of the said schirreff, with letteris of our souerane lordis, be deliuerance of the lordis of Sessioun, to denunce hir landis, coniunctfeis, lyfrentis or terces, to the awaill and quantitye of the said sowme ; and in speciali the landis of Hauchis, pertenyng to hir in coniunctfee, lyand within the parrochin of Keyth and schirrefdome of Bamff : And becauss the saidis landis of Hauchis lyis within our regalitye of Kynlos, and is haldin of ws as ourlord thairof, we, be the tennour heirof, for ws and our successouris, is content and be thir presentis consentis, that the saidis landis with the pertinentis, ellis denuncit as said is, be sufficientlie and ordourlie, at the instance of the said Thomas, comprisit conforme to the tennour of the saidis decreit, precept and letteris of our souerane lord past thairupone; and quhat beis rychtuislie and lauchfullie done thairintill, we and our successouris to hald ferm 1573.] OF THE GRANTS OF GRANT. 153 and stable without reuocatioun : Reseruand all wayis to ws and our successouris the fermis, malis, canis, dewteis and seruice of the saidis landis aucht and wont, conform to the euidentis maid thairupone of auld : In witnes of the quhilkis, to thir our letteris subscriuit with our hand our seill is affixit, at Balnamone, the xix day of Februare, the zeir of God jmvclxxiij zeris, before thir witnes, Robert Cullace of Balnamone, Robert Cullace zoungar his sone, Jhone Greg, James Ramsay, Jhone Meldrum, with vtheris diuerss. W. Abbot of Kinloss. 1 45. Letters of Charge by King James the Sixth to abstain from cutting and destroying the woods, dykes, etc., belonging to John Grant of Freuchie. 13th March 1573. James be the grace of God King of Scottis, to our louitt messengeris, our scherreffis in that part, coniunctlie and seueralie, specialie constitute, greting : Forsamekle as it is humilie menit and schawin to ws be our louitt Johnne Grant of Frewchye, that quhair he hes the landis and barronye of Vrquhart, with the woddis and forrestis thairof, callit the Forrest of Clwnye, pertening to him in heretage, lyand within our schirrefdome of Inuernes, and for the commoun wele and polecye of our realme hes maid gritt travellis, coistis and expenssis vpoun the dyking, parking and haning of the grene wod and growand treis and medois within the samin, to the effect the saidis grene wod, growand treis thairof and haning thairintill, suld nocht be cuttit doun nor onyewyis destroyit be onye of our liegis ; neuirtheles the tennentis, inhabitantis and occupiaris of his landis and barronye of Vrquhart, with diuerss vtheris our liegis and subiectis, haifand thair rowmes, landis and stedingis neir adiacent to the said Johnnis woddis and forrestis, alswele be day as vndir scilence and cloude of nycht, brekis doun and destroyis the dykis, parking and haning thairof, makis entres to thame selfis, thair hors, cattell and guidis thairintill, and nocht onlie cuttis doun, destroyis and spuilzeis the growand treis of the saidis woddis and forrestis, bot als with thair hors, cattell and guidis foirsaidis, eitis, seheris and destroyis the medois, gers and haning within the samin, and on nawyis will desist and ceis thairfra, without we and the lordis of our counsale provyde scharp remeid thairto in dew tyme, as is allegeit : Oure will is heirfoir, and we charge zow straitlie and commandis that, incontinent thir oure letteris sene, ze pas and in our name and auctoritie command and charge all and sindrie the tennentis, occupiaris and inhabitantis of the landis and barronye of Vrquhart, and all vtheris our liegis haifand thair landis, rowmes and stedingis neir adiacent to the said Johnnis woddis and forrestis of Clwnye, in generale, and be thair names in speciale, quhais names he sail giff to zow, in bill, oppinlie at thair paroche kirkis, and all and sindrie vtheris oure liegis be oppin proclamatioun at the mercat croce of oure burgh of Inuernes and vtheris places neidfull, that nane of thame tak vpoun hand owthir oppinlie or priuelie, be day or nycht, to cutt doun, destroy, spuilze, nor tak away the grene wod and growand treis of the saidis woddis and forrestis, nor u 154 CHARTERS AND MISCELLANEOUS WRITS [1575. onywyis brek doun the dykis of the samin, and swa on nawyis mak entres to thame selfis, thair hors, cattell and guidis thairintill, nor zitt scheir be thame selfis, eitt, nor destroy be thair hors, cattell and guidis foirsaidis, the medois, gers and haning thairintill, nor peill the bark of the saidis treis, vndir the panis contenit in oure actis of parliament ; with certifi- catioun to thame and ilk ane of thame, giff thai failze thairin, thai salbe callit and persewit thairfoir befoir our iustice or his deputis, at particuler dyettis, and puneist in thair persounes for the samin, as accordis of the law and conswetude of our realme and iustice, as ze will answer to ws thairvpoun. The quhilk to do we committ to zow coniunctlie and seueralie oure full power be thir oure letteris, deliuering thame be zow dewlie execute and indorsate agane to the berare. Gevin vndir oure signet, at Edinburgh, the xiij day of Marche, and of our regnne the sevint zeir, 1573. Ex dehberatione dominorum consilii, etc. J. Bannatyne. 146. Letters of Justiciary to Robert Earl of Buchan, sheriff of Banff, for the trial of William Baillie in the Hawchis. 4th June 1575. James be the grace of God King of Scottis, to all and sindry oure liegis and subdittis quhome it efferis, to quhais knawlege thir oure letteris sail cum, greting : Forsamekill as it is vnderstand to ws and oure rycht traist cousing, James erll of Mortoun lord of Dalkeyth, Regent to ws, oure realme and liegis, that Williame Baillie in the Hawchis, for non finding of souirtie for his comperance befoir the baillie of the regalitie of Kinloss at ane certane day bipast, to haue vnderlyne oure lawis for art and pairt of the slauchter of vmquhile maister James Birny, wes ordourlie denunceit oure rebell and put to oure home, be vertew of oure vtheris letteris past be deliuerance of the lordis of oure counsall and sessioun : And becaus he remainit thairat, joyning him self in cumpany of certane sornaris, vagaboundis and vtheris oppressouris of the cuntre, commissioun wes gevin vnder oure qwarter seill to oure schireffis of oure schirefdomes of Banff, Elgin and Fores, and als to Thomas Meldrum of Eden, Patrik, Johnne, Thomas and George Meldrumis, his sonnis, and to ilk ane of thame coniunctlie and seueralie, for taking and apprehending of the said Williame, lykeas he be vertew thairof wes takin and apprehendit, and presentlie in the handis and keping of the said Thomas Meldrum ; vpoun quhome it is necessar that iustice be execute for the said slauchter and vtheris crymes committit be him sensyne, to gif exempill to vtheris not to commit the lyke in tyme cuming : Quhairfoir, to haue gevin, grantit and committit, and be thir oure letteris, with auise and consent of oure said cousing and regent, gevis, grantis and committis oure full power and commissioun to oure weilbelouit Robert erll of Buchane, oure schireff of Banff and his deputtis, and to ilk ane of thame coniunctlie and seueralie, court or courtis of iusticiarie within the boundis of oure schirefdome of Banff at ony pairt thairof to set, begin, affix, affirme, hald and continew, als oft as neid beis, and thairin the said 1582.] OF THE GRANTS OF GRANT. 155 Williame Baillie, oure rebell foirsaid, to put to the knawlege of ane assyis for the said slauchter and vtheris crymes committit be him sensyne ; and als he beis fund culpabill or innocent of the samyn, to caus ministrat iustice vpoun him, conforme to the lawis of oure realme ; sectis to mak be callit, absentis to amerciat, trespassouris to pvneis, vnlawis, amerciamentis and escheittis of the saidis courtis to ask, lift and raise ; assyiss ane or ma within oure said schirefdome and four half [next 1] about, to summond, warne, cheis and caus be sworne, ilk persoun not comperand vnder the pane of ten pundis ; clerkis, seriandis, dempstar and all vtheris officiaris and memberis of court neidfull, to mak, substitute and ordane, for quhilkis oure said schireff salbe haldin to ansuer ; and generallie all and sindry vther thingis to do, exerce and vse, that in the premissis is necessarlie requirit to be done : Ferme and stabill haldand and for to hald all and quhatsumeuir thingis oure said schiref or his deputtis lauchfullie dois in the premissis, be thir oure letteris. Gevin vnder oure signet, and subscriuit be oure said cousing and regent, at Halirudhous, the fourt day of Junii, and of oure regnne the aucht yeir, 1575. James Regent. 147. Account of the Moveable Goods of Duncan Grant, apparent of Freuchie, who died in the year 1582. This is the comptt of the mowabill guidis pertening to ane honorabill man, Duncan Grantt wmquhill apperand of Fruquhie, extractit out of his compt buik, at the Beltan eftir his deperting, quhilk wes in the zeir of God jmv° fourscoir tua zeris. Item, imprimis, of ky threscoir xix, price of the pice iiij lib. Item, of queokis of tua zeir auldis xiiij, precium pecii xl. s. Item, of zeir auld scho beastis ellewin, precium pecii xx s. Item, of steris of thre zeir auldis fyiftein, price of the pice xl s., and of tua zeir auld stoittis ten, price of the pice xxvi i. viii d. Item, of hie steris of zeir auldis sax, price thairof vj lib. Item, of drawin oxin in the plewis thre scoir and sax, price of the pice v lib. Item, of scheipe and wedderis tuentie four scoir and ten. Item, of lambes ten scoir and tua, price of the pice v s. Item, of wairk hors tea, with ane . . . Item, in the barn and barn zard of beir be gud . . . Item, in the said barnis and barn zard of . . . Item, the haill wictuall sauld out . . . haill manniss of the croipe of anno fourscoir . . . extendis to nynten scoir fyif bollis ij firlottis tua . . . price of the bollis, four merkis. Summa in silwer, fyiften hunderithe merkis xxii merkis iij s. iiij d. 156 CHARTERS AND MISCELLANEOUS WRITS [1582. The comptt of the insycht geir. Item, xx pair blankaittis, xxiiij pair scheitis, xxiiij coiddis. Item, four sewitt coweringis, tua Flanderis werdouris, with xij pellit coweringis, tene fodder beddis, xij boisteris, sax quhytt plaidis. Item, thre silwer peicis, extending to xxx wnce of silwer. Item, ane disson silwer spunis, extending to auchtein wnce. Item, ane saltfaitt, extending to aucht wnce of silwer. Item, four disson plaittis, with xviij truncheouris, with vj poittis and sax panis, ane brewing calderon, thre speittis, thre krewkis. Item, aucht chanlairis thre stand of neprie. 148. Precept by King James the Sixth for infefting John Grant, as heir of Duncan Grant, apparent of Freuchie, in Corremonie and other lands. 27th February 1582. Jacobus Dei gratia Rex Scotorum, vicecomiti et balliuis suis de Inuernes, salutem : Quia per inquisitionem de mandato nostro per vos factam, et ad capellam nostram retornatam, compertum est quod quondam Duncanus Grant, apparens de Fruquhy, pater Johannis Grant latoris presentium, obiit vltimo vestitus et sasitus vt de feodo ad pacem et fidem nostram de omnibus et singulis terris subscriptis, videlicet, quatuor libratis terrarum de Corremone, quatuor libratis terrarum de Morill, octo libratis terrarum de quatuor Mekleis, quadraginta solidatis terrarum de Lochlettyr, quadraginta solidatis terrarum de Achintomrak, quadra ginta solidatis terrarum de Dowcathe, et dimedietate terrarum de Mekle Cloune extendente ad viginti solidatas terrarum, et quadraginta solidatis terrarum de Pitkerrillcroy, extenden- tibus in integro ad viginti septem libratas terrarum, cum tenentibus, tenandriis, et libere tenentium seruitiis earundem, iacentibus in dominio de Vrquhart et infra balliam vestram : Quequidem omnes et singule predicte terre, cum tenentibus, tenandriis, et libere tenentium seruitiis earundem, vniuntur et incorporantur in vna baronia de Corremone nuncupata ab antiquo ; et quod locus de Corremone omnibus temporibus futuris erit principale messuagium ipsius baronie ; et quod vnica sasina capienda per heredes masculos prefatarum terrarum apud principale messuagium de Corremone stabit et sufficiens erit sasina pro omnibus et singulis prenominatis terris, absque aliqua alia speciali seu particulari sasina desuper capienda ; et quod dictus Joannes Grant est legitimus et propinquior heres eiusdem quondam Duncani Grant apparentis de Fruquhy, patris sui, de omnibus et singulis terris predictis, cum tenentibus, tenandriis, et libere tenentium seruitiis earundem et suis pertinentiis, vnitis et annexatis vt supra ; et quod est legitime etatis ; et quod de nobis tenentur in capite : Vobis precipimus et mandamus quatenus dicto Joanni Grant, vel suo certo actornato, latori presen tium, sasinam omnium et singularum predictarum terrarum, cum tenentibus, tenandriis, et libere tenentium seruitiis earundem et suis pertinentiis, vnitarum et annexatarum vt supra, 1584.] OF THE GRANTS OF GRANT. 157 iuste haberi faciatis, et sine dilatione, salvo iure cuiuslibet, ac capiendo securitatem de 54 K. per duplicationem feudifirme earundem nobis debitis ; et hoc nullo modo omittatis ; presen tibus post proximum terminum minime valituris : Teste meipso, apud Edinburgh, penultimo die mensis Februarii, anno regni nostri decimo sexto, 1582. 149. Obligation by the principal men of the Clan Grant to assist and defend their chief, John Grant of Freuchie, against the unjust invasion of his neighbours. 21st March 1584. [Letter from their chief subjoined.] We vndervryttin, presentlie conveynnit at the kirk of Cromdell, this day, eftir considdera- tioun taen and avysment haid, with the letter vithin vritin and contentis thairof, directit to ws be our maister and cheif, Jhone Grant of Fruquhy, lamentis his di . . . inabilitie, praying the lewing God to remeid the sam as his hewinlie wisd[om] thinkis guid : As to the pairt of the said vriting delaeting to ws, quhow he [and] his freindis ar invaedit and persewit on thair awin heretaig, vithowt deseruing, . . . his sone and oo hes declaerit to ws at maer lenth : To the quhilk ve ansuer all in ane voice, vith ane consent, that in respek of the invasionis bygane maid to our said cheif and his freindis be our nybouris vithowt . ony iust deseruing, defending our heretaegis, rychtis and possessionis, [ve] promeissis faythfuHie, be the fayth and trewth in our bodies, that we sail efaldlie, lelalie and trewlie sa [far] as we may (vith the graice of God) at our wttermaist, assist, concwr, fortifie, manteyin and defend our saidis cheif and maister, his kyn, freindis and swirnaem, thair iust quarall and actiounis, other to persew and defend quhatsumeuir vil invad aganis our said cheif, his sone and oo, as neid beis, nocht onlie in bestowing of our gear but also with our bodies ; and findis na fait with our said cheif, his sone nor oo, in ony proceiding past ; praying God to inclyn thair hartis to perseweir in manteynance of thair honest and iust caus in tymis cuming, quha mot haif zour maisterschip in keiping : At Cromdell, the xxi of Merche 1584, be zouris awin maisterschipis vndervrittin at command. Jamis Grant of Vester Elache. Patrik Grant off Ballnadallach. Archibald Grant in Balnatom. James Grant of Ester Elloquhie. Patrik Grant of Dalwey. Androw Grant off Rymoir. Swein Grant in DaHcharne. Mr. Archibald McGregour. Jhon Grant in Tologorm. Alexr Stewart in Dregy. Mr. Wm Farquharson. Duncan McFaill, redar at Cromdall. Jhone Grant in Connegas. Lachlane Grant, appeirand of Ellaquhy. Walter Stevard, George Grant in Aldaiche, Jo11 Grant in Kynveachye, Patrik Grant in Tulloch, James Grant in Auchernect, Duncan Grant in Camedall, Wm McKean in Dalnabo, 158 CHARTERS AND MISCELLANEOUS WRITS [1586. Alester McRobie in Glenloquhye, Jon Reauche McFatrik Vickinlay, Wm McAllan in Auchnarror, Wm Makean in Tulloch, Jo11 McAngus Owir, Jo11 Grant in Granynsche, with our handis at the pen, leid be Mr. William Gregour, notar publict, at our command. [Letter above referred to.] To quhow, my maist spetiall freindis and kynnysmen, I haif thocht guid to vrit thir few lynis, the ane part to schaw zow the estaet of my inabilitie and helth, quhilk I hoip in God vith tym to convales to bettar helth, the other part is to schaw zow quhow I and my freindis and kynnismen ar mishandlit be our nybouris on our awin heretaeg, but ony deseruing, or perswit of ony thing that thaem perteynnis : And apone this occatioun I thocht guid to send my sone and oo to resone vith zou that ar my spetiall freindis, desyring to knaw gif ze find ony fait with ony of thai twa, or vith me, quhaer ve do ony vrang tovartis our nybouris, and quhaer ve do, that ze vU lat ws haif zour opinioun for reforming of the sam ; the quhilk salbe done be zour avyss : And this I lwk for zour ansueris heirin, gif occatioun fallis owt, quhat I may lippin in zow as my maist spetiall freindis, lyk as I and myn man do for zow as occatioun servis ; this finding zow all veillit, I dowt nocht bot thai sail haif the les vantaig quhat ever thai meyn to interprys ; desyring zouris ansueris in writ in this, as my spetiall freindis, for, God uilling, I salbe layth to bring zow in ony questiowne, bot it that salbe found guid and honorable, and for zour veillis and honouris as for myn. Refaring the rest to zour awin voisdomis and to the sufficiencie of the beraris, and so faer ze hartlie veill : At Ballachastell, this Sonday the xxj of Marche, 1584. Johne Grant of Fruquhy. Forther, in all thingis bygane owir nybouris persewit nocht our bluid obefoir. 150. Agreement between John Grant of Freuchie and Lachlan M°Intosh of Dunachtane. 14th June 1586. At Inuernes, the fouretene day of Junii, the zeir of God ane thousand fywe hundreyth fourescoir sax zeiris, it is appoyntit, aggreit and finalie concordit betwyxe honorable personis, to wit, Johane Grant of Frewquhie, oy and aire to wmquhill Jhone Grant of Frewquhie, wyth expres consent and assent of Patrik Grant of Rothiemwrquhus, Johne Grant of Kinbeathie, and James Grant of Awchcharnek, his curatour[is], on that ane part, and Lauchlane McYntoyschie of Dunachtane on that vthir part, in maner, forme and effect as eftir followis : That is to say, forsamekle as Jhone Grant of Frewquhie, wyth expres consent and assent of his curatouris foirsaidis, grantis him at the making of thir presentis to hawe resauit fray the said Lauchlane McYntoyschie of Dunnachtane, for the causis eftir specifeit, the swme of twentie thousand markis gwd and wsuall monye of this realme, of the quhilk swme the said Jhone Grant, wyth consent and assent foirsaid, haldis him weill contentit, satisfeit and payt in numerat 1586.] OF THE GRANTS OF GRANT. 159 monye, renunceing be thir presentis the exceptione of non numerat monye and all vthiris preuilegis of the law, ciuil and cannon, that may mak in the contrair heirof in onye tyme cuming : And thairfor, be the tennour heirof, the said Jhone Grant, wyth expres consent and assent of his saidis curatouris, exoneris, quyttclamis and dischairgis the said Lauchlane McYntoyschie, his airis, executouris and assignais, of the said swme of tuentie thousand markis monye for now and evir : Lykas also the said Lauchlane McYntoyschie, albeit as he vnder- standis that the decreit arbitrall pronuncit and gevin in his contrar in favouris of wmquhill Jhone Grant of Frewquhye, be Johane Campbell of Calder, Alexander Bane of Twllych, Robert Leslie of Dwghlie, George Leslie of Akinway, Patrik Grant of Ballindallach, Jhone Forbes of Poflarg, and Maister Williame Grant of Twllyboo, iugis, arbitouris and amicable com- positouris electit and chosine be the said wmquhill Johane Grant of Frewquhye, in cumpanye wyth Maister Alexander Dunbar, dene of Murray, Sir Patrik Gordoun of Auchindowin, knycht, Huchone Ros of Kilrawok, Robert Monro of Fowlis, Johane Ros of Ballivet, and Angus Williamsone of Termit, iugis, arbitouris and amicable compositouris electit and chosine be the said Lauchlane M°Kyntoyschie, decernyng him to hawe no sufficient rycht, tytle, kyndnes nor possessione, in or to the landis and baronye of Rothyemwrquhus, with the twre, fortilice, milnis, woodis, fischingis, partis, pendicuHs and pertinentis of the samyn, lyand wythin the regalitie of Spynie and schirefdome of Inuernes, as the decreit arbitrall gevin and pronuncit in favouris of the said wmquhyll Jhone Grant be the foirsaidis iugis, arbitouris and amicable compositouris, electit and chosine be him and for his part, of the dait at Elgin, the aucht day of Apryle, the zeir of God jmvc fourescoir thrie zeiris, at mair lentht proportis ; and also the decreit pronuncit thairvpon be Sir George Ogylbye of Dunlwgus, knycht, odman and oureman in the said caus, electit and chosine be baytht the saidis parteis, ratefeing and appreweyng the said decreit arbitrall gevin and pronuncit be the forsaidis iugis, arbitouris and amicable compositouris for the part of the said wmquhyll Jhone Grant, and decernyng the said Lauchlane till desist and ces fray all molesting and trwbling be himself, his freindis, serwandis and vthiris that he may lat, of the said wmquhill Johane Grant of Frewquhie, his serwandis, tennentis and vthiris in his name, in the paceable iosing, brwking, laboring, wsing and disponyng of the saidis landis and baronye or onye part thairof; and als suffer him, his airis and assignais, till paceablie iois, brwk and wse the samyn bwt onye clame or kyndnes to be acclamit be the said Lauchlane thairto or onye of his, be onye maner of way in tyme cuming, as the said decreit pronuncit thairupon be the said George Ogilbie of Dwnlugus, knycht, odman and oureman foirsaid, of the dait at Banff, the xxv day of May, the zeir of God jmvc foure scoir fywe zeris, at mair lentht proportis — may be reducit be the law : Zit notwythstanding thairof the said Lauchlane McYntoyschie, for the causis vnderwrittine, ratefeis, apprewis and affermis be thir presentis the foirsaid decreitis of the daitis abone writtine, pronuncit be the foirsaidis iugis arbitouris chosine for the part of the said wmquhill Johane Grant, and als the decreit pronuncit be the said odman and oureman in all 160 CHARTERS AND MISCELLANEOUS WRITS [1586. poyntis, headis and claussis, as the samyn ar gevine and pronuncit be thame, and als ratefeing and appreweing the samyn : The said Lauchlane, for the causis eftir specifeit to be fulfiUit and doun to him be the said Johane Grant now of Frewquhie, in maner eftir specifeit, frelie, purelie, symplie and irreuocabHe, be the tennour heirof renunceis, dischairgis, simpliciter quytclamis and ouregivis, to the said Jhone Grant, his airis and successouris, all rycht, tytle, interest and kyndnes, quhilkis he haid, hes or in onye tyme cuming may hawe in or to the saidis landis and baronye of Rothiemwrkus, twre, fortalice, milnis, woodis, fischingis, partis, pendicuHs and pertinentis, or onye part thairof for now and evir : And also the said Lauchlane M°Yntoyschie bindis and obleissis him, his airis and successouris, till fortefie, mentene and assist the said Jhone Grant now of Frewquhie, his kin and freindis, and thair airis in the paceable iosing, brwking, occupeing, laboryng, setting and resing of tennentis at thair pleasour of thair landis of Lagane, Ballinespik, Rothiemwrquhus, Dalfoure, Raig, Cloyne, Morcloyne, Cantrays, Clavalgis, etc., wyth thair pertinentis, pendicuHs and fischingis pertenyng thairto, lyand wythin the schirefdomis respectiue of Inuernes, Name, Elgine and Forres, and all vtheris rwmis, takis, stedingis, possessionis and landis quhatsumeuir, pertenyng to the said Johane Grant, his kine and freindis, athir in heretagis, takis or possessionis, contrar all deadlie, the auctoritie and erle of Huntlie except : And forther, the said Lauchlane McYntoyschie bindis and oblesis him, his airis and successouris, till keip, preserue and defend the landis of Wrquhart, Glen moreistoun and all vtheris landis and rwmis pertenyng to the said Jhone Grant of Frewquhie and his foirsaidis fray all heirschips, damnage and inconuenientis may be committit or doun thairto in tyme cuming be the Clanchamron, Clanranald, or onye vtheris as he dois his awin landis and boundis : And in cace the samyn be invadit, molestit or trwblit, and incure onye skaytht, heirschips or slauchter, the said Lauchlane sail do his exact diligens and indevoir to revenge the samyn, as gyf it war doun to himself, and as the said Jhone Grant will do in the revenge thairof : And in lyk maner the said Lauchlane sail assist, fortifie, mentene and defend the said Jhone Grant or onye vtheris haweand his powar, tytle and commissione, in the paceable conquessing, brwkane and posseding of sic landis, rwmis and stedingis as ar presentlie or hes bene in the Clanranaldis handis pertenyng to the said Jhone Grant and his foirsaidis, or that he or thae happynis till conques or recover of thair landis in tyme cuming bwt fraude or gyle : For the quhilkis causis abone expremit, the said Jhone Grant of Frewquhye, wyth express consent and assent of his curatouris foirsaidis, bindis and oblissis him, his airis and successouris, be the fayth of his bodie till sufficientlie heretablie infeft and saise the said Lauchlane M°Yntoyschie of Dunnachtane, titulo oneroso, in all and haill the landis eftir specifeit ; to wit, in all and haill the half of ane half dawach of land of Famnaebeg, Fynnar- man and Auchnacroy, the half dawach of the landis of Awchchoulych and Breanetorroche, the half dawach of the landis of Cwlchorkie, Auchmaloch and Blairgarrok, in all and haill the half dawach of the landis of Abermuis, Awchterterce, Attich, the half dawach of the landis of Auchmair, Killochter, extending to nyne merkis land of aid extent, in Lochailsche, pertenyng 1586.] OF THE GRANTS OF GRANT. 161 sumtyme to Ewin McConyll, oy and air to wmquhill Ewin Allanesoune of Locheild ; and in all and haill the dawach of land of Auchbeane, the dawach of land of Awchnatorrik, the dawach of Strome Castell, Ardingald, Ardnanaskine and Blayth, and in the quarter of ane dawach of land of Tamnachtane, extendine to threttene merkis land of aid extent of the landis of Kesseryne, wyth the castell and fortalice of Strome, and office of constabularie of the samyn, pertenyng sumtyme heretablie to the said wmquhyll Ewin McConyll and appraysit frae him be wmquhill James Grant of Frewquhie, wyth thair pendicuHs and pertinentis, lyand within the schirefdome of Inuernes : And to that effect, sail mak and delyuer, at the lest sele and subscrywe, to the said Lauchlane, his airis and assignais, ane sufficient chairtour of alienatione, titulo oneroso, contenyng ane precept of saising, vpon all and sindrie the landis abone expremit, contenyng all clausis of warrandice wsit in commoun style of chairtouris of alienatione sic as frome forfaltour, purpresture, recognitionis, assignationis, dispositionis, reclamationis, disclamationis, venditionis, alienationis, coniunctfeis, publict and previe saisingis, lang takis, and frome all vtheris damnage, perrellis and inconuenientis, in sa far as may concerne the said Jhone Grant of Frewquhye his awin deid, and wmquhill James Grant of Frewquhye his grandschere, and wmquhyll Johane Grant of Frewquhye his gwdschear, thair awin deidis alanerlie ; and sail gyf to the said Lauchlane and his foirsaidis, sic rychtis and tytles as the said Jhone Grant of Frewquhye hes or may get of the saidis landis be verteu of the comprysing thairof, wyth sic aid evidentis as he hes or may get of the foirsaidis landis pertenyng sumtyme to the said wmquhill Ewin Allansone of Locheild, his airis or successouris alanerlie : And the saidis landis to be haldine be the said Lauchlane and his airis of the Kingis Grace and his successouris, kingis or quenis of Scotland, be seruice of waird and releyf, quhairbe the said Lauchlane and his foirsaidis may be sufficientlie heretablie infeft and sasit in the haill foirsaidis landis betwyxe the dait heirof and the fest of Martimes in winter nyxt to cum : And als the said Jhone Grant of Frewquhye, wyth consent and assent foirsaid, bindis and oblissis him faythfullye, his airis and successouris, till fortifie, assist and menteyne the said Lauchlane M°Yntoyschie, his kine, freindis, and thair airis, in the paceable iosing, brwking, occupeing, laboring, setting and resing of tennentis at thair plessouris of thair landis of Lochquhabir, sic as apertenis heretablie thairof to the said Lauchlane ; and in all vthiris rwmis, takis, stedingis, possessionis and landis quhatsum evir, pertenyng to the said Lauchlane, his kine and freindis, athir in heretage, takis or possessionis, contrar all deidlie, the auctoritie and erle of Huntlye except : And siclyke, gyf it sail happin onye skaythis, heirschips or slauchteris, to be doin or committit vpon the said Lauchlane M°Yntoyschie, his kine, freindis or landis of Lochquhabir, or in vtheris landis and rwmis pertenyng to the said Lauchlane and his foirsaidis, be the Clanchamroun, Clan- ranald or onye vtheris, the said Johane Grant and his foirsaidis sail do thair exact diligens and indevoir for the revenge thairof as gif it war doun to himself, and as the said Lauchlane sail do in the revenge of the samyn : And forther, becaus the said Jhone Grant of Frewquhye x 162 CHARTERS AND MISCELLANEOUS WRITS [1586. at the making heirof is wythin minoritie and nocht of perfyt aige of tuentie ane zeiris, and that thairfor the infeftment of the foirsaidis landis now to be maid be him in his minoritie can nocht be to the said Lauchlane and his airis so sufficient ane infeftment as neid requyris, quhilk may be greit hurt and preiudice to him, gyf the samyn beis not reformit and maid sufficient agane be the said Jhone Grant, his airis or successouris, being of perfyt aige, in respect of the said greit swme of monye of tuentye thousand merkis monye realie payit and delyuerit in nwmerat monye to the said Jhone Grant be the said Lauchlane at the making of thir presentis, as said is, the conquessing and purchessing quhairof hes bene verie costlie and sumptuus to him; thairfoir the said Jhone Grant, wyth consent and assent of his saidis curatouris, faythfullie bindis and oblisis him, his airis and successouris, that wythin the space of fourty days nyxt eftir he beis of perfyt aige of twentie ane zeiris compleit athir than in his perfyt [aige,] till ratifie, apprewe and affirme attenticlie and sufficientlie the infeftment of the foirsaid landis now to be maid be the said Jhone Grant to the said Lauchlane in his minoritie, than and thaireftir in [all tyme cuming] to be als sufficient and valiable as gyf the samyn haid bene maid be him in his perfyte aige, or than sail mak and delyuer, at the lest sele and subscrywe, to the said Lauchlane and his foirsaidis, ane new sufficient infeftment vpon the haill foirsaidis landis, conforme in effect to the infeftment to be maid now of the foirsaidis landis, quhairbe the said Lauchlane and his foirsaidis may heretablie jois and brwke the samyn in all tyme thaireftir cuming ; and that at the optione of the said Lauchlane and his foresaidis : And gyf it sal happin (as God forbid it do,) that the said Jhone Grant, his airis or successouris, being of perfyte aige of twentie ane zeiris, refuse till ratefie, apprewe and affirme, attenticlie and sufficientlie, the infeftment of the foirsaidis landis now to be maid, as said is, or till mak ane new infeftment sufficient thairupon as is befoir expremit, wythin the space foirsaid, thae being desyrit and requyrit tharto be the said Lauchlane, or vtheris in his name haweand his powar and commissione thairto, than and in that cace the said Jhone Grant, wyth consent and assent foresaid, faythfullie bindis and oblissis him, his airis, suc cessouris, executouris, and assignais, till refund, satisfie, content and pay to the said Lauchlane, his airis, executouris or assignais, the said swme of twentie thousand merkis monye foirsaid : And for the mair securitie of payment thairof, Jhone Campbell of Calder, Patrik Grant of Rothiemwrquhus, Jhone Grant of Kinbeathe, and James Grant of Aucharnek, of thair awin free motywe wiUis, be thir presentis becumis cautionaris, souerteis and full dettouris, for the said Jhone Grant of Frewquhye till content and pay to the said Lauchlane and his foirsaidis the swme of ten thousand merkis in part of payment of the said swme of tuentie thousand merkis, as eftir followis ; that is to say, the said Jhone Campbell till content and pay the swme of thre thousand merkis, Patrik Grant of Rothiemwrquhus the swme of thre thousand merkis, the said Jhone Grant of Kinbeathe the swme of tway thowsand merkis, and the said James Grant the swme of tway thousand merkis monye foirsaid, in compleit payment of the said swme of ten thousand merkis : And the said Jhone 1586.] OF THE GRANTS OF GRANT. 163 Grant of Frewquhie, wyth expres consent and assent of his foirsaidis curatouris, bindis and oblissis him faythfullie, his airis, successouris, executouris and assignais, till thankfullie refwnd, satisfie, content and. pay to the said Lauchlane and his foirsaidis the swme of vthir ten thousand merkis, in compleit payment of the said haill swme of twentie thousand merkis monye ; and the samyn haill swme to be payit and delyuerit be the foirsaidis cautionaris, souerteis and full dettouris, thair airis, executouris and assignais, and the said Jhone Grant and his foirsaidis respectiue as is befoir writtine, to the said Lauchlane and his foirsaidis, in cace of refusall foirsaid, wythin the space of saxt monethis nyxt eftir the refusall of the said Jhone Grant or his foirsaidis, being of perfyt aige of twentie ane zeiris, athir till ratefie, apprewe and affirme the infeftment of the foirsaidis landis now to be maid, or than till sele, subscrywe and delyuer to the said Lauchlane and his foirsaidis ane new sufficient infeftment thairupon, at the optione of the said Lauchlane and his foirsaidis, as thae salbe requyrit thairto, in maner abone reherssit : And the said Jhone Grant of Frewquhie bindis and obleissis him, his airis, successouris, executouris and assignais, faythtfullie till warrand, releif and keip skaythles the saidis Jhone Campbell of Calder, Patrik Grant of Rothiemwrquhus, Jhone Grant of Kinbeathe and James Grant of Auchcharnok, thair airis, executouris and assig nais, of the said swme of ten thousand merkis, ilk ane of thame respectiue for thair awin partis thairof, at the handis of the said Lauchlane McYntoyschie and his foirsaidis, at the terme foirsaid : And gyf it sal happine (as God forbid it do) that the said Jhone Grant of Frewquhye, his kine, freindis, serwandis or tennentis, offend till onye of the said Lauchlane McYntoyschie, his kine, freindis, serwandis or tennentis, or zit that the said Lauchlane M°Yntoyschie, his kine, frendis, serwandis or tennentis offend till onye of the said Jhone Grant, his kine, frendis, serwandis or tennentis, in thair bodeis, gwdis or geir, in onye tyme cuming, and the samyn being complanit vpon be the said Lauchlane, his kine, freindis, etc., to the said Jhone Grant of Frewquhye, or be the said Jhone Grant, his kine, freindis, etc., to the said Lauchlane M°Yntoyschie ; in that cace, the saidis Jhone Grant and Lauchlane McYntoyschie sail, wyth sic diligens as thae gwdlie may, eftir the complaint be maid to thame or athir of thame, as said is, caus conuene tway gentillmen of thair kine on athir syd, lest suspect, quhae sail tak tryall and cognitione vpon sic offensis as sal be committit on athir syd, as caus sail requyre ; and sail caus repair and amend the samyn to the partie offendit, according to the offens that sail happin to be committit in bodie, gwdis or geir, sway that thair salbe na caus nor occasione of ony feade, braik or discord, in onye tyme cuming betwyxe the saidis parteis, thair kine, serwandis or tennentis ; and the said tryall and cognitione to be takine in maner foirsaid wythin the space of ane monetht eftir the offens sal happine to be committit and complaint maid tharupon, as is abone writine : And forther, be resone the said Jhone Grant of Frewquhye as zit is not heretablie infeft and saisit in the landis of Lochalische and Kesserine abone expremit, albeit he at his perfyt aige sele, subscrywe and delyuer to the said Lauchlane McYntoyschie ane new infeftment vpon the foirsaidis landis, or zit ratefie, apprewe and afferme 164 CHARTERS AND MISCELLANEOUS WRITS [1586. the infeftment now to be maid tharapon, zit the samyn can on no way be sufficient to the said Lauchlane till tak saising and possessione heretable thairbe, on to the tyme that the said Jhone Grant salbe first heretablie infeft and saisit thairintill ; thairfoir, the said Jhone Grant, wyth consent and assent of his saidis curatouris, bindis and oblissis him faythtfullie till do his exact diHgens till purches him self to be sufficientlie seruit be brewe of inquest in the saidis landis, athir be dispensatione of his minoritie or at his perfyt aige ; and thareftir wyth all diligens till obtene himself to be dewlie infeft and saisit in the saidis landis, that the said Lauchlane and his foirsaidis thareftir may be sufficientlie infeft and saisit in the landis abone expremit ; the said Jhone Grant oblissing as said is heirto, himself, his airis and successouris, bwt fraude or gyll : And gyf this contract be nocht so sufficientlie maid to the effect abone writtine as neid requyris, bayth the saidis parteis and curatouris abone writtine for thair interes, and als as souerteis, cautioneris and full dettouris, and the said Jhone Campbell of Calder as ane of the souerteis and fwll dettouris abone writtine respectiue, ar contentit and consentis be thir presentis that the samyn be reformit agane be the advyse of the maist lernit men of law in Edinburgh, keipand the substantialiteis thairof; and the samyn being reformit, oblissis thame hinc inde respectiue till subscrywe the samyn of new agane, as neid sail requyre : And bayth the saidis parteis and the curatouris, cautionaris, souerteis and full dettouris respectiue foirsaidis, hinc inde bindis and oblissis thame, and athir of thame hinc inde for thair awin part, thair airis, successouris, executouris and assignais, faythfullie till obserwe, keip and fulfill this present contract and everie poynt, claus and articull thairof, in forme and effect as is abone writtine, in sa far as concernis thame an'd athir of thame hinc inde for thair awin partis, vnder the pane of periurie, defamatione and violatione of thair fayth and fidelitie in all tyme cuming : And for the mair securitie thairof, bayth the saidis parteis, the said Jhone Grant of Frewquhie wytht consent and assent of his saidis curatouris, and the cautionaris, souerteis and dettouris abone mentionat, for thair part, ar contentit and consentis hinc inde that this present contract be insert and registrat in the bwkis of counsall, and the samyn to hawe the strentht of ane iudicial decreit of the lordis thairof, and thair auctoritie to be interponit thairto, that executoriallis of poyndyng, hornyng or warding, may pas thairupon vpon ane simple chairge of ten days in forme as effeiris : And to that effect, the said Jhone Grant of Frewquhye, wyth consent of [his] curatouris foirsaidis, and the saidis curatouris for thair interes, and als the saidis Jhone Campbell of Calder, Patrik Grant of Rothiemwrquhus, Johne Grant of Kynbeathie and James Grant of Aucharnnaik, as cautionaris, souerteis and full dettouris foirsaidis, hes constitut thair procuratouris, coniunctlie and seueralie, and the said Lauchlane McYntoyschie of Dun nachtane hes constitut his procuratouris, coniunctlie and seueralie, till compeir befoir the lordis of counsall quhatsumevir day and place conuenient,' and thair till consent to the registring of this contract abone writine to the effect foirsaid, actis, and instrumentis thairupon till tak and requyre, and generalie, etc. Promitten. de rato et grato, etc. In 1587.] OF THE GRANTS OF GRANT. 165 witnes heirof bayth the saidis parteis, curatouris for thair interes and catiounaris, souerteis and full dettouris abone expremit respectiue, hes subscriuit thir presentis wyth thair handis, as eftir follows, day, zeir and place foirsaidis, befoir thir witnes, James McYntoyschie of Gask, Angus M°Yntoyschie of Termit, Neill Grant, seruitour to the said Jhone Grant of Frewquhie, Maisteris Martene Logye, and William Gregor, connotaris. Jhone Grantt off Frewquhy.1 Patrik Grant off Rathamurchovs. Jhone Campbell off Calder, cationar. Johne Grant of Kynveachie and James Grant of Auchemect with our handis at the pen led be Mr Wm Gregour, notar publict, at our command. Ita est, magister Willelmus Gregour notarius publicus, de mandato dictorum Johannis et Jacobi scribere nescientium, in premissis rogatus et requisitus, teste manu propria scripsit. 151. Bond of Maintenance by George Earl of Huntly to John Grant of Freuchie. 31st July 1586. Be it KEND till all men be thir presentis quhome it effeires, ws, George Earl of Huntlie, Lord Gordoun and Badzenoch, etc., and leiuetenent-general of the north partis of Scotland, for ws, our airis and posteritie, to haiff taine in our speciali retenew, mantenance, and freindschipe, Johne Grantt of Frewquhye, his kin, freindis, assisters, and parttakers, quhome we bind and obleiss ws and our foirsaidis to mantein, assist, fortifie and defend aganis all persones within the realm of Scotland (the persoun of our Souerane Lord and his Hienes successouris onlie exceptit,) in all thair leiffull caussis and effearis. In witnes quhairof and suir obseruing of the same, we haiff subscryuit thir presentis with our hand, at Elgein, the last day of Julii, the zeir of God 1586 zeiris; befoir thir witness, William Sutherland of Duffus, Jhone Gordoun of Petlurge, John Gordoune of Bukkie, Mr Frances Cheyne of Cragye. Huntlye. Induring the said Jhone Grantt of Frewquhyes lyftyme allanerlie. 152. Bond by John Grant apparent of Carron to John Grant of Freuchie, as his chief. 18th November 1587. Be it kend till all men be thir presentis, me, Jhone Grant, apperand of Carron, to be bound and oblist, and be the tennor heiroff bindis and oblisis me, my airis and assignais, to ane honorabiU man, Jhone Grant off Fruquhye, my cheiff, his aris and assignais, in maner 1 A duplicate of the above contract is signed by " Lauchlan Makintosche of Dunnachtin." 166 CHARTERS AND MISCELLANEOUS WRITS [1587. fallowing : That is to say, forsamekle as the said Jhone Grant off Fraquhye is content, and be thir presentis consentis that I the said Jhone Grant, apperand off Carrone, his kynnis man, peceablie entir to the towne and landis off Culquhoch vith the pertinentis, lyand vithin the lordschipe off Stradowin and schireffdome off Banff, and posses, labor, and occupie the same with his fauour and kyndnes fra thyne furth, be sic rycht and titill as I may gett or obteine thairto, off quhatsumewir persoun or personis haiffand rycht to the same in tyme cuming : Thairfoir to be bound and oblist, and be the tenour heiroff bindis and oblisis me, as said is, that in cais I, the said Jhone Grant, apperand off Carroun, my airis or assignais, dispoune, annalie, or put away the said towne and landis off Culquhoch or my kyndnes thairoff to onay persoun or personis, by and vithoute the expres consent and assent off the said Jhone Grant off Fruquhy, my cheyff, and his foirsaidis haid and obtenit thairto, or suffer vtheris to possess and labor the same, or haiff entres thairto, in my defaltt, by the said Jhone Grant off Fruquhye and his foirsaidis, the same being tryitt be the said Jhone Grant off Fruquhye and his airis and thair honorabill freindis off the suirname off Grantis ; in that cace, I, the said Jhone Grant, apperand off Carroun, bindis and obHsis me and my foirsaidis, in the maist ample and suirest forme off obligatioun, to make, giff and delywer to the said Jhone Grant off Fruquhye and his foirsaidis ane sufficient assedatioun off the towne and landis off Ballatrowane vith the pertinentis, lyand within the lordscheipe off Stradowin and schireffdome off Banff, for all the dayis, zeiris and termis off nynetene zeris nixt efter his entres thairto, quhilk salbe and begyne at Vitsonday nixt efter the taking off the said tryall, as is afoir mentionatt, for zeirlie paymentt off the sowme off tene markis allennarlie : And alsua bindis and oblissis me and my foirsaidis anefauldlie, lelelie and trewlie, to serue and honour the said Jhone Grant off Fruquhye and his foirsaidis as my cheiff and maister in all tyme cuming, as the rest off the gentillmen off his kin and suirname dois : And the said Jhone Grant off Fruquhye, and his foirsaidis sail fortifie, mantene, and assist me and my foirsaidis in our honest causis, as becumes thame, off the dewetie of ane honorabill cheiff and maister to do to his kynnisman and seruand, but fraud or gyll : In vitnes off quhilkis, I haiff subscrywitt thir presentis vith my hand, at Balachastell, the xviij day off Nouember, the zeir off God ane thowsand fiwe hundreth and fourscoir sewin zeris ; befoir thir vitnes, Patrik Grant off Rathamorchis, Archibald Grant in Ballatom, James Grantt off Auchemete, Neill Grant, and Mr Villiam McGregour, seruitoris to the said Jhone Grant off Fruquhye. Johne Grant, appeirand of Carrne. 153. Commission of Justiciary by King James the Sixth to George Earl of Huntly, John Grant of Freuchie and others, against Allan McConill Dow, Captain of Clan Cameron, etc. 27th March 1588. Jacobus Dei gratia Rex Scotorum, omnibus probis hominibus suis ad quos presentes litere peruenerint, salutem : Sciatis quod Allanus McConill Dow, capitanus de Clanchanron in 1588.] OF THE GRANTS OF GRANT. 167 Lochabir, Joannes alias Ewyn Makconill M°Ewyn ibidem, Allanus Makanedewe McEwin ibidem, Donaldus M°Anedwy McEwin ibidem, Joannes alias Ewyn McAne Makrollane in Inuerloquhy, Alanus Makewin McAne Makewin McAne eius filius, Joannes Moir Makallane McEwyne in Talvart, Alexander Makalane McEwyne, eius frater, Joannes Oige Mc Allane M°Ane, eius iunior frater, Joannes McAllexander Dwe in Blairnetbrath, Alexander Dwe eius filius, Joannes McAne Mc Alexander, eius filius, Joannes alias Ewyn M°Coneill McKewyn in Orroche, Donaldus Barrache, eius frater, Allanus McAne Dwe McEwyn in Banwe, Donaldus M°Ane Dwe, eius frater, Dowgallus alias Doull Oge McCull M°Coniche Roy in Strome, Joannes McConche McWilliam in Mussorlythe, Donaldus M°Coniche McWilliam in Banwe, Donaldus McDonald M°Ewyn ibidem, Donaldus McAne McConiche in Inuerersk Mullyne, Joannes alias Ewyn Bane McAne McAlexander in Bar, Joannes alias Ewyn McConiche McEwyne in Athenascull, Duncanus Bane McFindlay in Crewe, Duncanus eius filius ibidem, Willelmus McConiche Bane, Joannes McWilliam, eius filius, in Kallache, Lachlanus McEwyne in Fassaforine, Joannes McAnedwe Makewyne in Kandlochete, Dorlatheus M°William in the Corpathe, dominus Joannes M°Faill in Kilmailze, Jacobus McConill VikWran in Annot, M°Carlach McWilliam Moir in Toreveyg, Alexander M°Ranald in the Gargaveyche in Lochabir, Ronaldus McRannald, eius frater, Joannes MeAne Oig in Glenco, Alexander McAne Oig ibidem, eius frater, cum suis complicibus et aliis eorum causatione, mandato, assistentia, et ratihabitione, quotidie ac noctuatim, nostros liegios in copiis vagabundoram et oppresso- rum, contra parliamenti nostri acta, diuersis his annis elapsis conuocant ; et presertim in mensibus Junii, Julii, Augusti, Septembris et Octobris, anno Domini miliesimo quingen tesimo octuagesimo quarto, ac quotidie et continuo dehinc committunt lie sornyng, depreda- tiones, ignis incendium, furtum, oppressionem, murthuram, homicidium, aliaque detestabilia et odiosa crudelia crimina, super nostris fidis subditis habitantibus infra bondas de Lochabir et Glengarvie, aliasque partes ea circa iacentes, iacentes infra vicecomitatum nostrum de Inuernes, contra tenorem dicti acti nostri parliamenti : Iidem neque penas in eodem contentas nihili referentes, sed in suis nequitiis quotidie perseuerantes et continuantes, absque punitionis omni timore in malum exemplum aliorum talia committere, sicuti adhuc non cessant, dietim et noctuatim, perseuerare et continuare in talibus crudelibus et maliciosis attemptatis : Et ob non inuentionem cautionis ad subeundum legem pro eisdem nostri rebelles debite et legitime denunciati ac ad cornu nostrum positi sunt, vicesimo quarto die mensis Nouembris anno Domini miliesimo quingentesimo octuagesimo quarto, ac legitime in libris vicecomitis nostri de Inuernes registrati, ad quern processum cornu dicti malefactores continuo remanserunt et adhuc minime relaxati remanent, occasionem inde capientes in eorum vsitato nequissimo ac bestiali more anterecitato perseuerare et continuare, nullam punitionem timentes, sicuti nulla lex nee iusticia aduersus eos exequi potuisset, pro quorum insolentie repressione et consimilium crudelium attemptatorum in futurum euasione fecimus, constituimus, creauimus et ordinauimus, ac tenore presentium facimus, constituimus, creamus, et ordinamus predi- 168 CHARTERS AND MISCELLANEOUS WRITS [1588. lectum nostrum consanguineum et consiliarium, Georgium comitem de Huntlie, dominum Gordoun et Badzenoch etc., Lachlaund McIntoische de Dunnachtane, Joannem Grant de Freuquhy, dominum Patricium Gordoun de Auchindoun, militem, et Thomam Gordoun de Cluny, coniunctim et diuisim, nostros in hac parte iusticiarios, infra omnes bondas de Lochabir aliasque vbi contigerit dictos rebelles reparare et inueniri, ad effectum subscriptum : Dantes, concedentes, et committentes dictis nostris in hac parte iusticiariis, coniunctim et diuisim, nostram plenam potestatem et mandatum speciale, omnes et singulos dictos rebelles, lie sorneris, nebulones et vagabundos, commissores criminum prescriptorum, eorum recep- tatores et supplicatores, vbicunque sint, vel remanere contigerint, capiendi, apprehendendi, et incarcerandi, eosque assise cognitioni ponendi, et prout culpabiles seu innocentes reperti fuerint, iusticiam super eos secundum regni nostri leges ministrandi ; et ad hunc effectum, iusticiarie curiam seu curias, vnam vel plures, statuendi, inchoandi, affigendi, affirmandi, tenendi, et quoties opus fuerit, continuandi, sectas vocari faciendi, absentes amerciandi, exitus, amerciamenta et escaetas dictarum curiarum petendi, leuandi et percipiendi, vnam, videlicet, dimedietatem eorundem nostro vsui importandi, ac com- putum in scaccario nostro inde faciendi, alteramque dimedietatem suis propriis vsibus pro eorum laboribus applicandi, deputatos sub ipsis, vnum seu plures, cum clericis, seriandis adiudicatoribus, ac omnibus aliis officiariis et curie membris necessariis faciendi, creandi, substituendi et ordinandi pro quibus respondere tenebuntur, assisam seu assisas, vnam vel plures, meliorum et digniorum personarum infra bondas prescriptas, ad numerum sufficientem ad exeundum super assisam dictarum culpabilium personarum, quamlibet personam sub pena quadraginta librarum summoniendi, premonendi, eligendi, et iurari causandi : Et si contigerit dictos rebelles eorumue aliquem ad fortalitia, castra seu domos euadere pro punitionis et apprehensionis euasione, ignem excitandi, omnique alio hostilitatis ingenio pro eorundem apprehensione vtendi : Et si contigerit aliquem eorundem in dicta prosequutione ledi, occidi, seu mutilari, volumus et concedimus, ac pro nobis et successoribus nostris decernimus et ordinamus, quod nullum crimen commissoribus inde imputabitur et nunquam in futurum criminaliter aut ciuiliter quouismodo inde vocabuntur, sed in eorum personis, terris, et bonis ab omni pena et periculo que inde sequi poterit simpliciter absolua- buntur: Quare, presencium tenore precipimus et mandamus omnibus et singulis nostris liegiis infra vicecomitatus nostros de Inuernes, Cromartie, Murray, Name, Banff, et Abirdene, quatenus ipsi et eorum quilibet more bellico, armati cum prouisione viginti dierum cum dictis nostris in hac parte iusticiariis, coniunctim et diuisim, concurrant, fortificent et assistant in perscrutatione, inuestigatione, captione et apprehensione dictorum rebellium et eorundem cognitioni assise positione, vel alias si contigerit eos fugitiuos esse, eos igne et gladio prosequendi, sub pena amissionis vite, terrarum et bonorum : Mandamus etiam pre- dilecto nostro consanguineo Argadie comiti, et Lachlane M°Clane de Dowart, quod illi nee eorum aliquis publice seu priuate recipiant seu fortificent dictos rebelles 1588.] OF THE GRANTS OF GRANT. 169 eorumque aliquem in aliquibus suis terris aut dominiis, sub dicta pena ; et generaliter cum potestate dictis nostris commissionariis eorumque deputatis omnia alia et singula faciendi, dicendi, gerendi et exercendi, que in premissis et circa ea necessaria fuerint seu quomodo- libet opportuna. Datum sub testimonio nostri magni sigilli, apud Halyrudehous, vicesimo septimo die mensis Marcii, anno Domini miliesimo quingentesimo octuagesimo octauo, et regni nostri vicesimo primo. Per signaturam manu S. D. N. Regis subscriptam. 154. Contract between John Grant of Freuchie and Christian Grant and Finlay Farquharson of Auchareachan, her spouse. September 1588. At the day of September, the zeir of God ane thousand fiwe hundreth and four scoir and aucht zeiris, it is appoyntit, aggreit and finalie endit betuix ane honorabill man, Johne Grant of Fruquhye, with consent and assent of Patrik Grant of Rathymvrchus, Johne Grant of Kinveachie, and James Grant of Auchernett, his curatouris, for thair entres, on the ane part, and Cristan Grant, relict of wmquhill Duncan Grant in Vestir Camedall, and Findlay Farquharson of Auchareachan now hir spous, for his entres, on the wther part, in maner, form, and effect eftir following : That is to say, the saidis Cristan and Findlay grantis and confessis be the tenour heirof, tham selfis, thair seruandis, fameley, cottaris, guidis and geir, lauchfullie and ordourlie flittit and remowit fra the town and landis of Vestir Camedall, with the pertinentis and pendicuHs thairof, Hand within the lordschipe of Stradown and schirefdom of Banff, to be paciablie bruikit, iosit, sett, vsit, occupeit, and disponit be the said Johne Grant of Fruquhye, his subtenentis and seruandis in his nam, fra thynfurth, as he and thai sail think expedient ; and thairfoir hes exonerit and dischargit, lyk as be the tenour of thir presentis exoneris and dischargis the said Johne Grant, his airis, executouris, assignais, tenentis and occupieris quhasumewir, of all action or actionis of eiection, spulzie, intrusion or . . . lence, persewit or intentit, or that ma be persewit or intentit, at the instance of the saidis Cristan and Findlay, or ony wtheris in thair nameis, be thair rycht or titill aganes the said Johne Grant, his curatouris, tenentis and seruandis quhatsumewir, for ony intromission, occupeing or laboring of the saidis landis of Camedall, with the pertinentis, in ony tyme bygane or to cum : For the quhilk caus and wther rasonable causis mowing the said Johne Grant and his saidis curatouris heirto, the said Johne Grant, with consent and assent of his saidis curatouris, is bound and oblist, and be the tenour heirof bindis and oblissis him, his airis and assignais, to fortifie, assist and mantene the saidis Cristan and Findlay in persewing, ingetting and obtenyng fra quhatsumewir person or personis, all guidis, geir, wrettis, contractis, euidentis, chartouris and sasingis pertenyng to the said Cristan Grant, and quhairby scho hes or ma haif rycht or titill to ony landis in vedsett, heretage or terce, throw the deeds of the said wmquhill Duncan Grant : And siclek, Y 170 CHARTERS AND MISCELLANEOUS WRITS [1589. the said Johne Grant, with consent forsaid, bindis and oblisis him in maner forsaid, and promesis faythfulHe, that gif it beis foundin that the said Cristan hes rycht and titill be rason of vedset or heretage to ony landis pertenyng to the said Johne Grant, that he sail satisfie and content the saidis Cristan and Findlay for the same, according to her rycht, be the seycht of freindis, and that betuix this and Zewll nixt to cum, in the zeir of God ane thousand fiwe hundreth and fourscoir aucht zeiris instant, but fraud or gyll. In vitnes of the quhilkis, bayth the saidis parteis hes subscryvit thir presentis with thair handis, day, zeir, and place forsaidis, befoir thir vitnes, Farquhar Farquharson in Camesnekist, Mr Wm Farquharson in Ruythwen, Alister Reauche in Fyndran. Mr yy-m Farqrsone, vitnes. Cristan Grant and Findlay Farquhar- Farquhar Farqrson and Alexr Reauche, SON, with our handis at the pen led be with our handis at the pen led be Mr Mr Wm Gregour, notar publict, at our Wm Gregour, notar publict, at our command. command. Ita est, Magister Willelmus Gregour, notarius publicus et testis in premissis, de mandato dictorum Findlai et Cristine scribere nescientium rogatus et requisitus, teste manu propria, scripsit. 155. Bond of Manrent between John Grant of Freuchie and Allan Cameron of Lochiel. 30th June 1589. Be it kend till all men be thir presentis, ws, Johne Grant of Fruquhy and Allan Camron of Locheill to be bound and oblist, and be the tenour heirof bindis and oblissis ws Hk ane to wther, in maner following : That is to say, I the said Johne Grant bindis and oblissis me, as said is, and promittis faythfullie to fortifie, mantene and assist the said Allan and his frendis and dependaris aganes Alister McConald of Garrowgauche and the inhabitantes and induellaris of Glencho, thair kin, frendis, seruandis and dependaris, in all the said Allanis lesum and honest efferis ; and that for luif, fauour and kyndnes quhilkis I beir to the said Allan, and for wther guid deidis done and to be done be him and his forsaidis to me and honour of my houss : And siclek, I the said Allan for my self, my kin, frendis, seruandis, dependaris and partakaris, bindis and oblissis me, and promittis faythfullie to serue, assist, fortifie and defend the said Johne Grant, his kin, frendis, dependaris, and weill and honour of his houss, in all thair lesum and honest adois contrar all mortall, the Kingis Maiestie and the Erll of Huntlie allennarlie exceptit. In vitnes of the quhilkis we haif subscryvit thir presentis with our handis, at Ballachastell, the last day of Junii, the zeir of God m. vc and four scoir nyne zeiris ; befor thir vittnes, Patrik Grant of Rathymvrchus, Johne Grant of Kinveachie, Neill Grant and Mr William McGregour, my seruitouris. Allane Camrone of Lochaeill. 1590.] OF THE GRANTS OF GRANT. 171 156. Mutual Bond of Friendship between John Grant of Freuchie and Lauchlan McIntosh of Dunnachtan. 12th November 1590. At Forres, the tuelf day of Nouember, the zeir of God jmvc fourscoir ten zeiris, it is appoyntitt, agreitt and finallie concordit betuix the rycht honorabill Johne Grant of Frewquhy for him self and his airis, on the ane parte, and the rycht honourabill Lauchlane McIntoschie of Dunnachtane and Angus McIntoschie, his sone and apperand air, for thame and thair airis, on the vther parte, in manner, forme and effect as efter followis : That is to say, for the proximitie and tendernes of bluid betuix the saidis parteis, and for trew and anefauld perfytt luiff, vnitie, freindschip and kyndnes, to stand and remane perpetuallie betuix the parteis [abone] writtin and thair airis, and the lestie standing weill of bayth the saidis parteis houssis) heretage and possessiones, in all tyme cumyng, the said Johne Grant of Frewquhye bindis and oblissis him and his airis in the maist straitt and suir forme of obligatione that can be dewysitt, that in caice ony erle within this realme wrangouslie or by ordour of law, be thame selfis and thair assisteris, be force or violence, inuadeis, trublis, molestis or persewis the said Lauchlane McIntoschie of Dunauchtane, Angus McIntoschie his sone, thair airis, kin, freindis and tennentis, thair lyiffis, heritagis or possessiones, — than and in that caice the said Johne Grant of Frewchie and his airis, be thame selfis, thair kin, freindis, assisteris and partetakeris, sail with all guid possibill diligence assist, mantein, fortifie and defend, at the vttermest of thair power, the saidis Lauchlane McIntoschie, Angus MTntosche, and thair airis, kin, freindis and tennentis, and sail tak trew and anefauld parte with thame in aU thair honest and leissum caussis and adois, but fraud, gyll or dissimulatione, aganis ony sic erles as salhappin heirefter to inuade thame by ordour of law, as said is, — the said Johne Grant and his forsaidis being varnit and requeritt thairto be the said Lauchlane, Angus M°Intosches, and thair forsaidis, vpon the premonitione of fourtie aucht houris varning : And for the better performance, obseruing and fulfilling heirof, the said Johne Grant of Frewquhye sail sufficientlie heretabillie infeft and saise the said Lauchlane M°Intoschie in aU and haill his landis of Balnadarne, Gramynche and Alwe Lochane, with thair partis, pendicuHs and pertinentis quhattsumeuer, lyand within the lordschip of Glen- chairnych and scherefdome of Elgin and Forres ; and to that effect, sail mak and delyuer, at the leist seill and subscryve, to the saidis Lauchlane ane sufficient chartour of alienatione, contening ane precept of seasing and all claussis of varrandice requysitt and vsitt in the commone styll of chartouris of alienationes, quhairbe the said Lauchlane may be hereta billie vestitt and seasitt in the landis abone expremitt, to be haldin of the said Johne Grant of Frewchye and his airis for the zeirlie payment of ane pennye monie of this realme vpon the ground of the saidis landis at the feist of the natiuitie of Sanct Johne the Baptist, in name of blenche ferme, gif it beis requyritt allannerlye : Prowyding alwayes, and vnder this conditione and restrictione following and na vther wayes, that nochtwithstanding that the 172 CHARTERS AND MISCELLANEOUS WRITS [1590. said Lauchlane MTntoschie sal be heretabillie infeft and seasitt in all and haill the landis abone expremitt, zitt neuertheles it sail nocht be leissum to the said Lauchlane MTntoschie nor his airis till haif ony entrye or possessione in or to the forsaidis landis nor to the vptaking of ony maillis, customes, dewteis, dew service or manrytt of the tennentis, nor setting nor raising of tennentis thairof or of ony parte of the samyn, nocht obstant the said infeftment, wnto the tyme that the said Johne Grant and his forsaidis being lauchfullie requeritt be the said Lauchlane and his forsaidis or vtheris in his or thair names, vpon the premonitione and varning of fourtye aucht houris, as said is, till assist, fortifie, mantein and defend the saidis Lauchlane and Angus M°Intoschies and thair forsaidis at quhatt tyme thei salhappin to be inuadit and persewit wrangouslie or violentlie in thair bodyes, guidis, landis, heretagis or possessiones, be ony erle or eiies, as said is ; and the said Johne Grant and his forsaidis refusand or delayand to do and performe the samyn, and the samyn being deulie tryitt befoir the lordis of counsell or commissar of Inuerness for the tyme, quhom, or athir of thame, the saidis parteis contracteris admittis iugis competent in this caus and to this effect, and being adiugitt be thame, or athir of thame, to haif failzeit in the premissis to the saidis Lauchlane and Angus and thair forsaidis, than and in that caice it salbe lesum to the said Lauchlane and his forsaidis to haif full, frie, and plane auctoritie and power, be thame selfis and vtheris in thair names, till enter to the peciabill possessione of all and sindrie the landis abone expremitt, lyand as said is, and to iois, bruik, occupie, labour, manure, sett, vse and dispone the samyn ; and to wptak and intromett with the haill maiUis, formes, customes, dewteis and dew service of the samyn as thair awin proper heretage and landis in all tym thairefter, at the leist ay and quhill the saidis landis be lauchfullie redemitte and releifit be the said Johne Grant and his forsaidis be payment making to the said Lauchlane and his forsaidis of the sowme of aucht thowsand merkis vsuall monie of this realme haifand cours of payment for the tyme, within the paroche kirk of Inuernes, altogidder in ane sowme vpone ane day betuix the vprysing of the sone and down passing of the samyn, vpon the premonitione of fourtie dayes varning to be maid be the said Johne Grant and his forsaidis to the said Lauchlane and his forsaidis or thair assignays, athir personalie apprehendit or at thair duelling place or paroche kirk for the tyme, vpon ane Sunday in tym of devyne service befoir noone, befoir ane notar and famous witnes ; and in caice of absence of the said Lauchlane, his airis or assignais, fra the ressait of the said sowme for redemptione of the saidis landis, being varnit and requyritt thairto in maner forsaid, than it salbe lesum to the said Johne Grant and his forsaidis till numer the said sowme in the said peroche kirk of Inuernes, and thairefter till depone and consigne the samyn in the handis of the prouest and bailzeis of Inuernes being maist responsall for the tyme, and failzeing thairof in the handis of ony vther responsall landit manis handis within the burgh of Inuernes, to be kepitt and furthcumand to the vtilitie and profitt of the said Lauchlane and his forsaidis ; and incontinent thairefter, the said Johne Grant, his airis and assignais, to haif als full, frie, and plane ingres, acces and regres agane, 1590.] OF THE GRANTS OP GRANT. 173 in and to all and sindrye the landis abone rehersitt, and to the heretabill titill and possessione thairof, as he haid befoir the alienatioune of the samyn ; and the said Lauchlane and his forsaidis to be haldin and astrictitt to rander and delyuer agane to the said Johne Grant and his forsaidis, all charteris, preceptis, instrumentis . of sasing, and vtheris euidentis and documentis quhattsumeuer maid to thame vpon the saidis landis, and the samyn fra thyne- furth neuer to haif strenth, fayth, force nor effect, bot to be in thameselfis, ipso facto, cassit, rescindit, and annullit, in all tyme therefter : And this forme of redemptione to be als valzeabill and affectuabill, for redeming of the landis abone specifeit furth of the handis of the forsaidis Lauchlane M°Intoschie and his forsaidis, as gif the samyn . haid followit vpon the said Lauchlanes awin reuersione subscryuit with his hand, wnder his seill, and conteining all necessar claussis vsitt in commone style of reuersione ; to the quhilk the said Lauchlane, for himself, his airis and assignais, be thir presentis, consentis and assentis, without ony oppositione to be maid in the contrair thairof, or exceptione of the law, quhilk he for him and his forsaidis simpliciter renunces for now and euer : And in lyk maner, the saidis Lauchlane and Angus MTntosches, for the caussis abone rehersitt, bindis and oblissis thame and thair airis in the maist straitt and suir forme of obligatione that can be dewysitt, that in caice ony erle within this realme wrangouslie, by ordour of law, be thame selfis, thair assisteris, be force or violence inuadis, trublis, molestis or persewis the said Johne Grant of Frewchie, his airis, kin, freindis or tennentis, thair lyiffis, heretage or possessiones, than and in that caice the said Lauchlane and Angus McIntoschies and thair airis, be thame selfis, thair kin, freindis, assisteris and partetakaris, sail with all guid possibill diligence assist. mantein, fortifie and defend, at the wttermest of thair power, the said Johne Grant, his airis, kin, freindis, and tennentis, and sail tak trew and anefauld parte with thame in all thair honest and leissum caussis and adois, but fraud, gyll or dissimulatioune, aganis ony sic erlis as sal happin heireftir to inuade thame by ordour of law, as said is, the saidis Lauchlane and Angus MTntoschies and thair forsaidis being varnit and requyritt thairto be the said Johne Grant or his airis, vpon the premonitione of fourtie aucht houris varning : And for the better performance, obseruing and fulfilling heirof, the said Lauchlane and Angus McIntoschies sail, with ane consent, assent and vnitye of myndis, sufficientlie heretabillie infeft and sais the said Johne Grant in all and haill his landis of Dolnavert, Kynrarenathelye and Lytill Dwnauchtane, with all and sindrie thair pairtis, pendicuHs and pertinentis quhatsumeuer, lyand within the barony of Dunauchtane, lordschipe of Badzenoch, and schirreffdome of Inuernes ; and to that effect sail mak and delyuer, at the leist seill and subscryve, to the said Johne Grant ane sufficient chartour of alienatione, conteining ane precept of seasing and all claussis of warrandice requisite and vsitt in commoun style of chartouris of alienatione, quhairby the said Johne Grant may be heretabillie infeft and seasitt in the saidis landis of Dolnavert, Kynrarenathelye and Lytill Dwnauchtein, with thair forsaidis; to be haldin of the saidis Lauchlane and Angus MTntoschies and thair airis for the zeirlie payment of ane pennye 174 CHARTERS AND MISCELLANEOUS WRITS [1590. mone of this realme, vpon the ground of the saidis landis, at the feist of the natiuitie of Sanct John the Baptist, in name of blenche ferme, gif it beis requyritt allanerlye : Prowyding alwayes and vnder this conditione and restrictione following, and na vther wayes, viz., that nochtwithstanding that the said Johne Grant salbe heretabillie infeft and saisit in all and haill the saidis landis of Dolnavert, Kynrarenathelye and Lytill Dwnauchtane, with thair forsaidis, zitt nevertheles it sail nocht be lesum to the said Johne Grant, his airis nor assignais, till haif ony enterie or possessione in or to the forsaidis landis, nor to the vptaking of ony maillis, fermes, customes, dewteis, dew serwice or manrytt of the tennentis, nor setting nor raising of tennentis thairof, or of .ony parte of the samyn, nocht obstant the said infeft ment, vnto the tyme that the saidis Lauchlane and Angus MTntoschie and thair airis, being lauchfullie requyritt be the said Johne Grant or his airis, or vtheris in his or thair names, vpon the premonitione and varning of fourtie aucht houris, as said is, till assist, fortifie, mantein, and defend the said Johne Grant and his forsaidis, at quhatt tym thei sail happin to be inuadit and persewit wrangouslie or violentlie in thair bodyes, guidis, landis, heritage or possessiones, be ony erle or erles, as said is; and the said Lauchlane and Angus MTntoschies, or thair forsaidis airis, refusand or delayand to do and performe the samyn, and the samyn being dewlie tryitt befoir the lordis of consell or commissar of Inuernes for the tyme, quhom, or ather of thame, the saidis pairteis contracteris admittis iugis competent in this caus and to this effect, and being adiugitt be thame or ather of thame to haif failzeit in the premissis to the said Johne Grant and his forsaidis, than and in that caice it sal be lesum to the said Johne Grant and his forsaidis to haif full, frie, and plane auctoritie and power, be thameselfis and vtheris in thair names, to enter to the peceabill possessione of all and sindrie the saidis landis abone expremitt, lyand as said is, and to iois, bruik, occupie, labour, manure, sett, vse and dispone the samyn, and till vptak and intromett with the haill maillis, fermis, customes, dewteis and dew service thairof, as thair awin proper heretage and landis in all tyme thairefter, at the leist ay and quhill the saidis landis be lauch fullie redemitt and releifit be the saidis Lauchlane and Angus and thair forsaidis, be payment making to the said John Grant, his airis or assignais, of the sowme of aucht thowsand merkis vsuall mone of this realme haifand cours of payment for the tyme, within the peroche kirk of altogidder in ane sowme, vpon ane day betuix the vprysing of the sone and doune passing of the samyn, vpon the premonitione of fourtie dayes varning to be maid be the said Lauchlane or Angus McIntoschies, thair airis or assignais, to the said Johne Grant, his airis and assignais, ather personalie apprehendit or at thair dwelling place or peroche kirk for the tyme, vpon ane Sonday in tyme of dewyne serwice befoir noone, befoir ane notar and famous witnes ; and in caice of absence of the said Johne Grant, his airis or assignais, fra the ressaitt of the said sowme for the redemptione of the saidis landis, being varnit and requyritt heirto in maner forsaid, than it sail be lesum to the saidis Lauchlane and Angus and thair forsaidis till numer the said sowme in the said peroche kirk of Forres, and thairefter till depone and 1590.] OF THE GRANTS OF GRANT. 175 consigne the samyn in the handis of the prouest or bailzeis of the burgh of Forres, being responsall for the tyme ; and failzeing therof, in the handis of ony vthir responsall landit manis handis within the scherefdome of Morray, to be kepitt and furthcumand to the vtilitie and profeitt of the said Johne Grant and his forsaidis ; and incontinent thairefter, the saidis Lauchlane and Angus and thair forsaidis to haif als full, fre, and plaine ingres, acces and regres agane, in and to all and sindry thair landis abone rehersitt, and to the heretabill pos sessione thairof, as thei haid befoir the alienatione of the samyn ; and the said Johne Grant and his forsaidis to be haldin and astrictitt to rander and delyuer agane to the said Lauchlane and Angus, thair airis or assignais, all chartouris, preceptis, instrumentis of seasing, and vtheris euidentis and documentis quhatsumeuer maid to thame vpon the saidis landis, and the samyn fra thynefurthe, neuir to haif strenth, fayth, force nor effect, bot to be in thame selfis, ipso facto, cassitt, rescindit and annullit, in all tyme heirefter ; and this forme of redemptione to be als valzeabill and effectual for the redeming of the landis abone specifeit furth of the handis of the said Johne Grant and his forsaidis, as gif the samyn haid followitt vpon his awin reuer sione subscrywitt with his hand, and vnder his seill, and contening all necessar clausis vsitt in commone style of reuersione ; to the quhilk the said Johne Grant, for him self, his airis and assignais, be thir presentis, consentis and assentis without ony oppositione to be maid in the contrair thairof, or exceptione of the law, quhilk he, for him and his forsaidis, simpliciter renuncis for now and euir : And gif this present contract be nocht sa sufficientlie maid to the effect abone writtin as neid requiris, bayth the saidis pairteis ar contentitt, and be thir presentis consentis, that the samyn be reformitt agane be the adwys of the maist learnit men of law in Edinburgh, keipand the substantialiteis thairof, ay and quhill the samyn be sufficientlie maid to the effect abone writtin ; and the samyn being reformit, bindis and oblissis thame, and ather of thame, till subscryve the samyn of new agane as ather of thame sail be reqwyrit be vtheris : And bayth the saidis parteis bindis and oblissis thame, be the fayth of thair bodyes, to obserue, keip and fulfill this present contract and euerie poynt, claus and article thairof, in sa far as concernis thame and ather of thame, vnder the pane of periurye and defamatione, and violatione of thair fayth and fidelitie in all tyme cumyng : And for the mair securitie thairof, bayth the saidis parteis are contentitt that this present contract be insert and registrat in the buikis of counsell or commissaris buikis of Inuernes, and that the samyn haif the strenth of ane iudiciall decreitt of the lordis of consell or commissaris of Inuernes, and that thair or ather of thair auctorities be interponit thairto, that executoriallis of poynding and horning, the ane nocht preiuging the vther, may pas thairvpon at the will of ather partie vpon ane simple charge of ten dayes in forme as efferis ; and to that effect the said Johne Grant of Frewquhye hes constitute his procuratouris, coniunctlie and seuerallie, and the said Lauchlane and Angus McIntoschies hes constitute thair procuratouris, coniunctlie and seuerallie, to compeir befoir the lordis of consell or commissar of Inuernes, quhatsumeuer day and place convenient, to 176 CHARTERS AND MISCELLANEOUS WRITS [15 90. the effect abone writin ; actis, instrumentis and documentis thairvpon to tak and requyre, and generally, etc., ferme and stabill, etc. In witnes heirof bayth the saidis parteis hes subscrywit thir presentis with thair handis, day, zeir and place forsaid ; before thir witnessis, Johne Cambell of Calder, Mr. James Grant, brother germane to the said Johne Grant of Frewquhye, Archibald Grant of Belnatome, Wm McQuein of Corribroath, subdene of Ros, Johne Annand of Murrestoun and Mr. Martine Logye, notar publict. Archibald Grant, witnes. Jhone Grant off Frewquhy. Mr. James Grant, witnes. Lauchlan Makintosche of Dunnachtan. Mr. Martene Logye, notar publict, witnes. Angus Makintosche apirand of Dun- Jhone Annand, witnes. nachtan.1 157. Decreet of Exemption to John Earl of Athole, John Grant of Freuchie, and others, from George Earl of Huntly's commission of justiciary and lieutenantry. 20th January 1590. At Edinburgh, the tuentie day of Januare, the zeir of God jmvclxxx ten zeiris, the lordis of counsell wnderwritten, thay ar to say, Mr William Baize, Lord Prouand, precedent, Adame bischope of Orknay, commendater of Halerudhouss, Sir Patrick Wans of Barne- baroche, knicht, Mr. John Lindsay persone of Menmwre, Mr. Johne Grahme, persone of Killerne, Mr. Dauid Chalmer, chanceller of Ross, William commendater of Tungland, Mark Lord Newbotle, Mr. Dauid McGill of Cranstone Riddell, aduocate to our souerane Lord, Mr. James Elphinstone of Inuernauchtie, Archebauld Douglas appeirand of Quhittinghame, Alex ander Lord Wrquhart, Sir John Seytoun of Barnes, knicht, Sir John Cokburne of Ormestone, knicht, Mr. Thomas Ballintyne of Newtyld, Sir Thomas Lyoun of Auld Bare, knicht, John Lord Thirlestane, chanceller ¦ In the actione and caus perseuit at the instance of Johne Erie of Atholl, Lord Balueyne, etc., James Erie of Murray, Lord Doun, etc., Simoun Lord Fraser of Louett, etc., Lauchlane MTntosche of Dunnauchtane, Johne Grantt of Freuchey, Johne Campbell of Caddell, Patrick Dumbare of Boigholl, tutour of Cumnok, and schereff wardatour of Murray, Collein M°Kenze of Kintaill, Rorie McKenze of Reidcastell, Ross, barrone of Kilraweck, Johne Grant, tutour of Ballindalloche and curatouris to the said Symon Lord Fraser and Louate, etc., aganis George Erie of Huntlie, Lord Gordoun and Badzenoche, etc., and all and sindry his colliges, gif ony be, contenit in the commissioune or commissiounes vnder specifeit : Makand mentioun that quhair it is 1 There was also a minute of contract made be- Strome Merach, and Strome Castle, and lie thereby tvveen Lauchlan MTntosh of Dunachtan and John dispones the same to the said John Grant ; and the Grant of Freuchie, whereby the former renounces said John Grant agrees to pay Lauchlan McIntosh all contracts, charters, and other writs made to him 5000 merks, etc. Dated at tbe Yle of May, 25th by the said John Grant of the lands of Kessaran, January 1593. [Original Contract at Castle Grant.] 1590.] OF THE GRANTS OF GRANT. 177 notourlie knawin to the lordis of counsell quhat deidlie feiddis, querrellis and contrauerseis hes fallin out amangis nobill men, barones and vtheris, vniuersallie ouer all the partis of this realm, be granting of priuate commissiounes of iusticiarie and lieutennendre to certane particulare persones, quhilkis for the mast ware purchest, nocht samekill vpone ane desire thay had to the executioune of iustice and puneschement of offenderis, as to be reuengit vpone persones aganis quhome thay professit euill and inniquitie ; quhairof amangis vtheris the saidis perseueris in speciali hes had sufficient pruiff be granting of the late commissiounes of iusticiarie and lieutennendry to the said George Erie of Huntlie, etc., quha vnder cullour thairof hes soucht the liffis and blude of the saidis perseueris, thair seruandis, proper men, tennentis, seruandis, dependeris and partaikeris ; brint sindry of thair houssis, rowmes, cornes and possessiounes ; intromettit with thair guidis, and committit sindry vtheris ordiner deidis aganis thame, and cheiflie aganis trew men ansuerabill to the lawis : And our souerane Lord haueing considderatioune thairof, with aduiss of the lordis of secreit counsell, laitlie be his hienes proclamatioune dischargit all sic commissiounes of justiciary of lieutennendrey purchest of befoir, and decernit thame to ces and to haue na forther executioune in all tyme cuming : Nochtwithstanding the quhilk, as the saidis perseueris are informit, the said George Erie of Huntle, etc., hes priuatlie and sinisterlie zit as of befoir (tacita et suppressa veritate, without citatioun or calling of the saidis perseueris or ony vther laufull party), obtenit ane vther commissioune of justiciary or lieutennendry to him selff and certane vtheris his coUegis nominat thairin, and thair deputtis, quhais nameis thay knaw nocht, within the boundis and iurisdictioune appertening to the saidis perseueris and ilk ane of thame, thair freindis, seruandis, proper men, tennenttis, dependeris, assisteris and partakeris, — tending thairby maist iniustlie to call, trubill or persew thame, thair kyn, freindis, seruandis, tennenttis, proper men, partakeris and dependeris, befoir him and his deputtis or befoir his deputtis or thair collegis, and to fence and hald court vpone the saidis perseueris and thair foirsaidis, and to proceid mast wrangouslie and partiallie aganis thame; albeit he, his deputtis nor colleges in the said commission, gif onie be, aucht na wayss to be sufferrit to proceid aganis thame be wertew of onie commissioune grantit or to be grantit to him or thame, for the ressonis following : In the first, in respeck of the deidlie feid notoriuslie knawin standing vnreconcelit betuix the saidis perseueris, thair kyn, freindis, seruandis, parttakeris and dependeris on the ane part, and George Erie of Huntlie, his kyn, freindis, seruandis, partakeris and dependeris on the vther part, throw the slauchter of vmquhill Sym, seruitour to James Erie of Murray, fischeare on the watter of Spay, committit in the moneth of Junij anno lxxxiiii zeiris or thairby, be Alexander Leslie, than, and as zit, domestick seruitour and tennent to the said George Erie of Huntlie, etc., and likwayss for the cruell slauchter and murdour of vmquhill Allane Grant, kinisman to the said John Grant of Freuchey, at the leist being ane of his surename, committit in the moneth of Maii anno lxxxvii zeiris, be George Erie of Huntlie, his kyn and freindis, specially be Alexander z 178 CHARTERS AND MISCELLANEOUS WRITS [1590. Gordoun, appeirand of Leischemoir, James Gordoun his sone and appeirand air, Thomas Gordoun in Drumbulge and thair complecess, etc. ; and in likmaner for the craell slauchter of vmquhill Grant, sone to Allester Grant alias Moir, being also ane of the saidis perseueris John Granttis kyn, at the leist ane of his surname, comittit in the moneth of Maii anno lxxxvii zeiris, be hinging of him be the bagestanes, binding of his heid and feitt togidder in the cruik, smuking of him to the deid, be Patrick Gordoun, brother to James Gordoun of Monaltrey, and his complecess be the number of fyve or sex, at the speciali command, hounding and ressetting of the said George Erie of Huntlie, etc. ; and alsua for the craell slauchter of Dauid Mauer, tennent and seruitour to James Erie of Murray, vpone the watter of Spay, committit in the moneth of Julie or thairby anno Ixxxviii zeiris, be Thomas Gordoun siclik seruand to George Erie of Huntlie, mentenit and defendit be him, being at the horn for the said slauchter ; and likwayss throw the said George Erie of Huntleis his kyn and freindis, be thair maist quiett and cruell interpryss to haue obtenitt James Erie Murrayis place of Darnway, be convening of thame selffis in armes to ane grite number, of purpois and mynd to haue enterit thairin be force and craft in the moneth of November last bipast, and to haue bereft the said perseuer, his kyn, freindis and seruandis, being with him, of thair liffis, gif God had nocht defendit thame and prouidit remeid thairto ; be the quhilk prouisioune and laufull defence John Gordoun, kinisman and freind to George Erie of Huntlie, was slane, quhairthrow, and be diuerss sindry and vtheris slauchteris and murthouris committit be the said Erie and his freindis vpone the saidis perseueris, thair kyn, freindis, seruandis, partakeris and dependeris, deidlie feid is contract, standing as zit vnreconcelit : In respek quhairof, he, his deputtis nor collegis contenit with him in the said commissioune, aucht naways to be sufferrit to proceid aganis the saidis perseueris and thair foirsaidis be wertew of the said commissioune, bot thay and thair foirsaidis aucht to be simpliciter exemit fra him and his forsaidis, and thay simpliciter discharget of all proceding aganis thame and thair forsaidis be wertew of quhatsumeuer commissioune of justiciary or lieutennendry grantit or to be grantit, as said is : And anent the charge gevin to the saidis defenderis to haue comperit befoir the lordis of counsell at ane certane day bigane, bringand with thame, exhibitand and produceand befoir the saidis lordis of counsell all and quhatsumeuer commissiounes of justiciary and lieutennendry and vtheris quhatsumeuer grantit to thame to haue bein sene and con- siderit be the saidis lordis, and to haue hard and sein the saidis perseueris, and ilk ane of thame, thair proper men, tennentis, kyn, freindis, seruandis, parttakeris and dependeris, to be simpliciter exemit fra the said George Erie of Huntlie, his collegis and deputtis, and thair commissiounes forsaidis to be grantit to thame in all tymes cuming heirefter, as at mair lenth is contenit in the saidis letteris, the saidis John Erie of Atholl, Lord Balweyne, etc., James Erie of Murray, Lord Doun, etc., Symoun Lord Fraser of Louate, Lauchlane MTntosche of Dunnauchtane, John Grant of Freuchey, John Campbell of Caddell, being all personalie present, quha declarit that thay wald all insist in persute of said exemptioune, quhairupone 1590.] OF THE GRANTS OF GRANT. 179 Maisteris Thomas Craig and Alexander King, procuratouris for the saidis defenderis, askit instramenttis, and the said Collein McKenze of Kintaill and Rorie M°Kenze his brother comperand be Mr. John Moncreiff thair procuratour, and the said William Ross of Kilrawick comperand be Mr. Richert Spens his procuratour, and the said John Grant, tutour of Ballin- dalloche, comperand be Mr. James Donnaldsone his procuratour, and the said George Erie of Huntlie and his saidis collegis compeirand be Maisteris Thomas Craig and Alexander King thair procuratouris, quha declarit that albeit thay tuke instrumentis of certane the saidis perseueris personall compeirence in maner foirsaid, zit thay wald nawayss be comperand thairin, bot wald altogidder absente : And sua the said Erie of Huntlie and his coUegis being laufuUy summond to this actione, oftymes callit and nocht comperit, the Lordis of Counsell exemies the saidis perseueris and ilk ane of thame, thair proper men, kyn, freindis, tennentis, seruandis, partakeris and dependeris, fra the said George Erie of Huntlie, etc., his collegis and deputtis, and thair commissiounis forsaid, ay and quhill thay be producit and the partie warnit to the productioune thairof ; and ordanes John Johnestone in quhais handis the sowme of ten poundis is consignit to deliuer the samin vpe agane to the saidis perseueris, or ony vtheris in thair names haueand thair pouer to ressaue the samin ; and ordanes letteris to be derect at the instance of the saidis perseueris or ony vtheris heirupone, gif neid beis, in forme as efferis. Extractum de Hbro actorum per me, Alexandrum Hay de Eister Kennet, clericum rotulorum registri ac consilii S. D. N. Regis, sub meis signo et subscriptione manualibus. Alexander Hay. 158. Bond by John Grant of Freuchie, and the Earl of Murray as cautioner for him, to keep good rule in the country. 9th February 1590. Apud Halyrudehous, nono die mensis Februarii, anno Domini jmvu nonagesimo : The quhilk day Johnne Grant of Frewchye as principall, and James Erll of Murray Lord Downe as cautioner and souirtie for him, become actit and obleist, coniunctlie and seueralie, that the said Johnne Grant, for himselff and all that he is debtbound to answer for be the lawes and generall band, saU keip gude rule and quietnes in the cuntrie, and nawyse invaid, persew or oppres ony of our souerane lordis subiectis vtherwyse nor be ordoure of law and iustice, vnder the pane of ten thowsand pundis money to the king : And als the said Johnne Grant as principall, and the said erll as cautioner for him, actit and obleist thame, coniunctlie and seueralie, that the said Johnne Grant sail mak his men, tennentis and seruandis, answerable to iustice and satisfie parteis complenand, conforme to the lawis of this realme and act of Parliament maid for quieting of the Hyelandis and Bordouris, in the moneth of Julii, the zeir of God jmvu foure score sevin zeris : And the said Johnne Grant band and obleist him, his airis and successouris, to freith and releve the said erll of his becuming cautioun, as said 180 CHARTERS AND MISCELLANEOUS WRITS [1591. is, and. of all pane, skaith and danger that he salhappin to sustene thairthrow. Extractum per me Willelmum Wylie scribam, sub meis signo et subscriptione manualibus. Willelmus Wylie. 159. Bond between Sir Patrick Gordon of Auchindown and the Gordons, and John Grant of Freuchie and Lachlan McIntosh of Dunnachtan, for friendship between the latter and the Earl of Huntly. 2 2d October 1591. We, Sir Patrik Gordoun of Achyndown, knycht, Sir Thomas Gordoun of Clunye, knycht, Sir Jhone Gordoun of Petlurge, knycht, and Jhone Gordoun of Glenb[uchett], takand the burdyng wpon ws for the rycht noble and potent George Erie of Hwntlye Lord Gordoun and Badzenoch, etc., as alsua for our selfis, and remanent kyn and freyndis of the name of Gordoun, byndis and obleissis ws and ilk ane of ws wpon our fayth and honouris, the grytt ayth sworne be ws, to rycht honorabill men, Jhone Grant of Frewchie and Lachlane McYntosche of Dun nachtane, that thai and ilk ane of thame, thair kyn and freyndis, salbe acceptit and resauit agane in the speciali fauour of the said noble erle, and be with his lordschip wsitt and respeckit in all caces and respeckis als weill and freyndlie as thai war befoir the laitt elestis begowth ; and swa alwayis to contenew with his lordschip, swa lang as thai keip thair dewtie and fayth full seruice to his lordschip and his houss, but defectioun ; quhilk defectioun, in cace it may be allegit, salbe interpreit be ws four abone wretyne, and with ws the lardis of Fyndlatyr, Balquhane, Drwm and Inuermarkye : And forder, we obleiss ws faythfullie to obtene sufficient relaxatioune of the process of hornyng led aganes the saidis Jhone Grant and Lauchlan McYntosche, with ane sufficient discharge and releif of all actioun and perrell that hes foUowit or may follow or result thairupon to thame : And for the mair suir obseruyng of this our band and oblesyng, we haue found with ws the lardis of Fyndlatyr and Inuermarkye to be bound for faythfull obseruyng heirof, quhome we desyr and allowis, in cace we contra- uene this our band in onye poynt, to be freyndis to the saidis Jhone Grant and Lachlane McYntosche and enemeis till ws in all tymes thaireftir, to beir witness of our turpitude : Prowydyng alwayis that the saidis Jhone Grant and Lachlane McYntosche, thair kyn and freyndis, keip the conditiones and articules subscryuit be thame to ws at the makyng heirof in all poyntis : And this we obleis ws abonewretyne, and with ws the lardis of Fyndlatyr and Inuermarkye, to get ratefeit and appreuit be the said noble erle within tuentie dayis nixt eftir the saidis Jhone Grant and Lachlane McYntosche gyf profe of thair guid will to his lordschipis seruice, conforme to thair wreit subscryuit be thame to ws at the makyng heirof : And for suir and faythfull obserwyng of all and syndre the premissis, we byndaris abone wretyne, and with ws the saidis lardis of Fyndlatyr and Inuermarkye, hes subscryuit this present wreit with our handis, at Kynmynnatye, the xxii day of October, the zeir of God ane thousand v" and fourscoir alewyn zeris ; befoir thir witness, Patrik Grant of Rothamurchus, 1592.] OF THE GRANTS OF GRANT. 181 Archebald Grant in Belleynethome, James Glass of Stroyne, Donald Farquharsone of Tulle- garmond, James Ogilwye of Blerak, William Ogilwye in Ower Blerak, and Walter Barclay off Drumdelgye ; And sail caus restoir agane sic guidis and geyr as hes beyne takyn away within the assurance, or salbe heireftir, be onye of our kyn, freyndis, assistaris or partakaris, or passis our cuntrethis, at the leist fynd dettouris for the samyn gyf it beis done be strangeris, and caus mak restitutioun gyf it beis done be onye of ouris : And in cace the Clanechamrone or M°Rynnald, or onye of thairis, brekis or hes brokyn the assurance gewyn to the saidis lard of Grant and M°Yntosche, that we salbe ennemeis to thame thaireftir, and assist the saidis lard of Grant and McYntosche aganes the brekeris befoir witnes abone wretyn. Patrik Gordoun of Achyndown. Thomas Gordoun of Cluny. Johne Gordone of Petlurge. Jhone Gordone of Glenbuchett. Valtir Ogilby of Fyndlatir. Robert Innes off Innermarky. 1 60. Commission of Justiciary to Lord Fraser of Lovat, John Grant of Freuchie, and others. 6th June 1592. James be the grace of God King of Scottis, to all and sindrie oure Hegis and subditis quhome it effeiris, to quhais knaulege thir oure letteris sail cum, greting : Forsamekle as it is vndir- stand to ws and lordis of oure secreit counsale that Ronnald McRonnald in Garragarth in Loquhaber, Ronnald M°Ronnald his bruthir, Johnne McEan Oig in Glenco, Allaster McEan Oig his bruthir, Archibald McEan Oig, and Allane Roy, alswa his brethir, Allaster McEan VcInnes in Kilchonnane, Angus Mc Allaster, his sone, Allaster Mc Allaster VcGorrie in Tendies, Donald Mc Allaster VcGorrie, his bruthir, Angus McEanduy in Collais, Mc Angus, McAngus, his sonis, Dougall McEann in Blairourmoir, Allaster McConill V°Corie in Blairourbeg, Hector McConeill VcCarliche in Inche, DougaU Mc Allan VcEan Elich, Johnne Don McConeill VcNeill in Wester Lenachan, Allaster McEan VcKinlay Roy, Duncane McConill VcCorie, Allaster McConeill VcCorie, ar suspect and gilty of oppin and manifest oppressioun, murthour, slauchter, soiming, thift and resseit thairof, and vtheris odious and capitali crymes, for the quhilkis being callit to haue vndirlyne oure lawis befoir oure iustice and his deputis, thay tuke the saidis crymes vpoun thame, refused to find souirtie, and wer thairfoir denunceit and declairit rebellis and fugitiues, as in oure vtheris letteris execute aganis thame at lenth is contenit ; lyke as zit, the saidis personis continewis in thair accustumat trade of thift, soiming, and oppressioun of oure gude subiectis, in hie and proude contemptioun of ws and oure auctoritie, and encouragement of vtheris to committ the lyke, giff thay be sufferrit to pas ouer vnpvnist : Quhairfoir, we haue maid and constitute, and be thir presentis makis and constitutis our cousing Lord Frasar of Lovatt, Lauchlane McIntoshe of Dunnauchtane, 182 CHARTERS AND MISCELLANEOUS WRITS [1592. Johnne Grant of Freuchy, Patrik Grant of Ballindallach, Patrik Grant of Rathirmurchus, and Johnne Grant of Glenmorestoun, oure iusticeis and commissionaris in that part, coniunctlie and seueralie, to the effect vnder writin : Gevand, grantand, and committand to thame, con iunctlie and seueralie, oure full power and commissioun, expres bidding, and charge to pas, serche, seik and tak the saidis personis quhaireuir thai may be apprehendit, and to putt, hald and detene thame in sure firmance and captiuitie ay and quhill iustice be ministrat vpoun thame, conforme to the lawis of our realme ; and to this effect courte or courtis of iusticiarie, at quhatsumeuir placeis conuenient, to sett, begin, affix, hald, and continew ; suitis to mak be callit, absentis to amerchiat, vnlawis, amerchiamentis and escheitis of the saidis courtis to ask, lift, and rais, and for the samin, giff neid beis, to poind and distrenzie, and to thair awne vse for thair labouris to apply ; and in the samin courte or courtis the saidis personis to call be dittay, to accuse, and thame to the knaulege of ane assise to putt, and, as thay salhappin to be foundin culpable or innocent, to caus iustice be ministrat vpoun thame, con forme to the lawis of oure realme ; assissis ane or ma, neidfull to this effect, of the personis that best knawis the veritie in the said mater, ilk persone vndir the pane of fourty pundis, to summond, warne, cheis, and caus be sworne ; clarkis, seriandis, dempstaris, and all vtheris officiaris and memberis of courte neidfull, to mak, creat, substitute and ordane ; the escheitis of the personis convict and to be iustifeit to the deid for the saidis crymes to intromett with, and vplift, the ane haiff to oure vse to inbring, and compt thairof in our chekker to mak, and the vther haiff to thair awne vse, for thair labouris, to apply : And giff it salhappin the saidis personis, or ony of thame, for eshewing of apprehensioun, to flee to strenthis and houssis, with pouer to oure saidis iusticeis and commissionaris, coniunctlie and seueralie, to follow and persew thame, assege the saidis strenthis and houssis, rais fyre, and vse all kynd of force and weiiiyke ingyne that can be had for wynning and recouerie thairof, and appre hending of the saidis personis being thairintill : And giff, in persute of the saidis personis or assegeing of the saidis strenthis and houssis, it salhappin the saidis personis or ony of thame, or ony vtheris being in cumpany with thame and assisting thame, or within the saidis strenthis and houssis, to be hurte, slane, or mutilat, or ony vther inconuenient quhatsumeuir to follow, we declair be thir presentis that the samin sail nocht be imputt as cryme nor offens to oure saidis iusticeis and commissionaris, nor personis assisting thame to the executioun of this our commissioun, nor that thai nor nane of thame sail nocht be callit nor accused thairfoir criminalie nor ciuilie, be ony maner of way in tyme cuming, nochtwithstanding quhatsumeuir our actis, statutis, or constitutionis maid or to be maid in the contrair; quhairanent, and all panes contenit thairintill, we dispens be thir presentis ; exonering and dischargeing thame of all cryme and dangeir that thai may incur thairthrou for euir, be thir presentis : And generallie all and sindrie vtheris thingis to do, exerce, and vse, quhilkis of law or consuetude of our realme are knawne to pertene : Ferme and stable halding and for to hald all and quhatsumeuir thingis salbe laufullie done heirin : Chargeing heirfoir zou all 1592.] OF THE GRANTS OF GRANT. 183 and sindrie our saidis liegis and subditis, to concur, fortifie and assist our saidis iusticeis in all thingis tending to the executioun of this oure commissioun, and to do nor attempt na thing to thair hinder or preiudice, as ze and ilkane of zow will ansuer to ws vpoun zour obediens at zour vttermost charge and perell. Gevin vndir our signet, and subscryvit with our hand at Halyruidhous, the sext day of Junii, and of our regnne the xxv zeir, 1592. James R. S. R. C. secretarius. 161. Bond of Manrent between John Grant of Freuchie and John Dow M°Gregor, brother of Alister McGregor of Glenstray. 20th June 1592. At Abirnethie, the tuentie day of Junii, the zeir of God ane thousand fiwe hundreth and four scoire tuelf zeiris, it is concordit, aggreit, faythfullie bound and oblist betuix ane honorabill man, Johne Grant of Fruquhye, for himself, his airis, successouris, kin, frendis and dependaris on the ane part, and Johne Dow McGregour, brother german to Alister McGregor of Glenstray, for himself, his seruandis, dependaris and partakaris on the wther part, in maner, forme and effect as eftir followis : That is to say, the said Johne McGregour, for him self, his seruandis, dependaris, parttakaris and assistaris, for diuerse guid deidis done and to be done to him be the said Johne Grant, and for the auld frendscheip and kyndnes betuix thair predicessouris, and for the causis following, is bound and oblist, and be the tenour heirof bindis and oblissis him and his forsaidis, and promesis faythfullie to concur, assist, fortifie and serue the said Johne Grant, his airis and successouris, and sail lelelie and treulie tak awfauld and trew pairt with him and his forsaidis in all actionis, questionis, querrallis, debaittis, persuitt or defence that the said Johne Grant and his forsaidis hes or hapnis to haif ado aganes quhatsumeuer person or personis, our souerane Lord and his autoritie and my Lord of Argyll onlie exceptit, as the remanent of the said Johne Grantis awin frendis, kin and suirname, dois, in all tymes cuming to the vttermaist of his powar : For the quhilk caus and wther rasonable causis mowing the said Johne Grant heirto, the said Johne Grant is bound and oblist, and be the tenour heirof bindis and oblissis him, his airis and successouris, and promesis faythfullie to fortifie, mantene and defend the said John Macgregour, his seruandis, dependaris and part takaris, and sail lelelie and trewlie tak awfauld and trew part with him and his forsaidis in all the saidis Johne McGregouris and his forsaidis honest actionis, questionis, querrallis, debaites, persuit or defence that the said Johne McGregor and his forsaidis hes or hapnis to haif ado aganes quhatsumewir person or personis, our souerane Lord his autoritie and my Lord of Huntlie onlie exceptit, as the said Johne Grant dois or hapnis to do with the raist of his awin kin and frendis in all tymes cuming ; and promesing faythfullie that fra thinfurth to esteme and persew the said Johne Grantis onfrendis as faes and onfrendis to the said Johne McGregour, and lyk maner of thair frendis at all tymes heireftir : And the said Johne Grant, for himself and his forsaidis, bindis and oblissis him, and 184 CHARTERS AND MISCELLANEOUS WRITS [1593. promesis faythfullie that he sail nothir aggre, intercommond, tak assurance nor compone with nane of his onfrendis by the said Johne McGregour, bot sail do for the said Johne M°Gregour, his honour and profeit, in all respectis as the said Johne Grant hapnis to do for the remanent of his awin kin and frendis, but fraud or gyU. In vitnes of the quhilkis, bayth the saidis parteis haif subscryvit thir presentis with thair handis as foUowis, day, zeir and place forsaidis ; befor thir vitnes, honorabill men, William Gordon of Geych, Patrik Grant of Rathymvrchus, Patrik Grant of Ballnadallauch, Gregour McGregour, son to wmquhill Owin McGregour, John Dow McWilliam McGillichallum. Jhone Grant off Frewquhye. William Gordon of Gycht, witnes. Patrik Grant off Rathamvrchus. Patrik Grant off Balnadalloche, witnes. Johne Dow McGregour, with my hand at the pen led be Mr. William Gregour, notar publict at my command. 162. Discharge by King James the Sixth to John Grant of Freuchie, for the sum of five thousand merks. May 1593. Rex. Thesaurar and thesaurar depute, we grete zow weill : Forsamekle as in contentatioun and satisfactioun of Johnne Murray of Tullybardin, sone and air of vmquhile William Murray of Tullybardin, oure comptroUar for the tyme, of the sowme of ane thowsand merkis money of our realme restand awand to him, as being found superexpendit in his last comptis, we haue remittit and dischargit, and be the tennour heirof remittis and dischargeis our louitt Johnne Grant of Frewchye, the pane and vnlaw of fyve thowsand merkis money incurrit be him for his part as ane of the cautioners of George Erll of Huntlye, etc., for his keping of gude rule and quietnes in the cuntrie, and dewtyfull obedience to ws efter the brig of Die, as the act thairanent at lenth beris : It is thairfore oure will, and we command zow that ze be zour selffis, zour deputis and officeris quhatsumeuir in zour name, desist and ceis fra all asking, craving, or vptaking of the said pane and vnlaw of fyve thowsand merkis, or ony part thairof, fra the said Johnne for his part of the said cautionarie, and fra all executing of ony letteris or chargeis of horning or poinding aganis him for the same in tyme cuming, as ze will ansuer to ws vpoun zour obedience; dischargeing zow vtherwyse thairof and of zour offices in that part; quhairanent thir presentis, or the autentik coppie thairof vnder the subscriptioun of ane famous notar, salbe zoure warrand. Subscriuit with oure hand at the day of Maii, the zeir of God jmvclxxx threttene zeris. Sr Robert Meluill. James R. Blantyre. 1594.] OF THE GRANTS OF GRANT. 185 163. Order by John Grant of Freuchie to Alexander Hay in Allanbowie, to pay certain sums of money, with a discharge for £100 subjoined. 25th May 1594. Alexander Hay, forsamekiU as I directit Duncane Farquhar to zow, to desyre zou to prowyd me fywe hundreth markis agane Sounday cumis aucht dayis, off the quhilk soume ze sail nocht faill to deliuer instantHe to this berar, James Law, ane hundreth pundis in part of payment of my taxationis, and resawe his acquittance thairvpoun; and siclik, ze sail nocht faill to deliuer to Thome Leg, messinger, efter threttie schillingis for ewerie pund land of Ardnylie, quhilk I suppone is aucht lib. landis, extending to sax lib. for the first termes payment thairof, and resaue his acquittance thairon ; as alsua ze sail nocht faill to imploy quhatsumeuer moyan ze can to get alsmekill siluer to mak out the formar soum of fyve hundretht markis to me the day appointit, and leif na thing ondone in the premissis : Keip all the gold ze can get to me of this sowme. Subscriuit with my hand, at Ballachastell, the xxv of May 1594. Jhone Grant. Sy zowr moyane to maik me fyeff hondreth markis by then. I, James Law, messinger, be the tennour heirof, grantis me to haue resauit fra the handis of Alexander Hay in Allanbowie the soum of ane hundreth lib. money, and that in name and behalf of ane richt honorabill man, Johne Grant of Freuquhie, in part of payment and to compt and rakning of the said Johnnes taxationis of the first and second termes payment of the landis of Vrquhart, Glenmorestoun, Glenchernich and Bellandalloch, haldin be him of our souerane lord ; the xiiij Kb. landis of Mulbennis, the fift part landis of Barmuc- kattie, the thrie Lib. landis of Cardellis, with the haill few landis haldin of the lordschip of Spynie, conform to the particular rollis thairof; exoneris and discharges the said Johnne Grant of Freuquhie, his airis and assignais, thairof, in part of pament and to compt and rakning, as said is, be this my acquittance subscriuit with my hand, at Allanbowye, the penult day of Maii 1594, befoir thir witnes, James Ogilbie of Allanbowye, James Guthrie burges of Elgin, and Mathow Innes. James Law, messinger, with my hand. 1 64. Bond by certain of the Clan Grant to John Grant of Freuchie, to keep the peace. 17th March 1594. At the Kirk of Cromdall, the xvij day of Marche, the zeir of God 1594 zeiris. The quhilk day comperit and convenit Patrik Grant of Rathymvrchus, Patrik Grant of Ballnadalloch, Johne Grant of Glenmoristoun, Johne Grant of Carron, Johne Steward of Kincardin, James Grant of Estir Elchis, Lauchlan Grant of Vestir Elchis, Patrik Grant of Dalwey, Johne Steward of Kilmachloyn, and of thair frie motiwe, villis and confession, hes bound and oblist thame, and be the tenour heirof bindis and oblissis thame and thair forsaidis 2 A 186 CHARTERS AND MISCELLANEOUS WRITS [1594. to ane honorabill man, Johne Grant of Frewquhy, that thai and ilk ane of thame, thair seruandis, tenentis, famelis, duelland, remanand or frequhentand and hantand diuers tymes thair landis, heretagis, rowmes and possessionis, ilk ane for his part respectiue, sail obserue and keip the Kingis Maiesties peace, quietnes and guid reull in the cuntrie, ilk ane onder the paynes following, videlicet, Patrik Grant of BalnadaHauch onder the pane of sex thousand markis ; Patrik Grant of Rathymvrchus, sex thousand markis ; Johne Grant of Glenmoristoun, four thousand markis ; Johne Grant of Carron, tua thousand markis ; James Grant of Estir Elchis, ane thousand powyndis ; Lauchlan Grant of Vestir Elchis, ane thousand powndis ; Johne Steward of Kincardin, thre thousand markis ; Patrik Grant of Dalwey, ane thousand markis ; Johne Steward of Kilmachlon, ane thousand markis ; to be payt to the said Johne Grant of Frewquhye, in cais thai satisfie nocht the actis and statutis of his Hienes parliament and generall band : And forther, the saidis personis, and ilk ane of thame, as said is, and all sic as thai ar oblist to ansuer for, as is abonwrettin, salbe ansurable to iustice, and sail satisfie and redres all attemptis committit be thame and thair forsaidis in tyme bygane, and that salhappin to be committit be thame in tyme cuming, conform to the saidis lawis of the realm : And gif it hapnis the saidis personis, or ony of thame, thair tenentis, seruandis and wtheris abonwrettin, to be persewit for ony occasion bygane, that the maister of the man persewit caus mak satisfaction according to iustice, at the leist mak compt of samekle geir as he hapnis to haif and possess for the tyme, and deliuer the person giltie to the said Johne Grant of Frewquhye, and the maister to be na forder astrictit ; and gif he [beis] fugitive, that he do his exact diligence to apprehend and deliuer him to iustice : And the said Johne Grant oblissis him faythfullie to concur and assist his said kin and frendis in persuit of the person fugitiue quhair ewir he pas, quhilk gif he dois nocht, the maister to be na forder oblist : And the premissis the saidis personis hes condescendit and grantit to do, becaus the said Johne Grant of Frewquhye is actit in the buikis of consall as caution for thame for guid ordour keiping, as the actis maid thairon beiris. 165. Bond by Sir Thomas Gordon of Cluny, knight, for Angus M°Alester Mackinnes and his brother. 3d June 1596. Be it kend till all men be thir presentis, me, Sir Thomas Gordoune of Cluny, knicht, to be bound and obleyst, and be the tennour heirof bindis and obleissis me, my airis, executouris and assignayis and intromettouris with my guidis and geir, as cationer and souertie for Angous McAlester Makinnes and Thomas Mackalester Mackinnes, bretherine, and all wtheris quhome thai may stope or latt, thait thai nor nane of thame sail nather inqueyit, trubill or molest the Lardis Grantis boundis, tenentis, seruandis, frendis, dependaris, rowmis and possessionis (except be ordour of law), other in bodies, guidis or geir ; and in caice the saidis personis or ony of thame be found to do in the contrar, in thait cace I the said Sir Thomas bindis and 1596.] OP THE GRANTS OF GRANT. 187 obleissis me and my foirsaidis, and promesses faithfullie to delyuer the saidis offendaris to the said lard of Grant or his foirsaidis, giff in onnywayis the said Jhone Grant or his foirsaidis, or ony in his name, sail iustifie and prouff the saidis Thomas and Angus, or ony ane of thame stoip or leit, to haif doune vrang (beffor ony iuge competent) to the said Jhone Grant, in his boundis, landis, to his frendis or seruandis in thair bodies, guidis or geir ; and in caice it being found beffor ony iuge competent thait the saidis personis haif doune wrang to the said Jhone Grant of Frewquhye, as said is, thait I the said Sir Thomas Gordoune and my foirsaidis failzie in delyuering the saidis offendaris, being requirit thairto be the said Jhone Grant and his forsaidis lauchfulle vpoune the premonition of tuantie dayis, than and in thait caice, I the said Sir Thomas Gordoune bindis and obleissis me, my airis, executouris and assignayis and intromettouris with my guidis and geir, to content, pay and delyuer to the said Jhone Grant and his forsaidis the sowme of fywe hundrethe markis vsuall mone of this realme as liquidatt and dett restand awand be me to the said Jhone Grant : Prouyding always thait [gif] the said Sir Thomas delyuer the saidis offendaris ane or baithe (thar offence being iustifiett, as said is, doune to the said Jhone Grant and his forsaidis wpone the premonition foirsaid), thane and in thait caice the said Sir Thomas Gordoune and his foirsaidis salbe fre of the said sowme of fywe hundreyth markis : And for the mair securitie of the premissis, baithe the saidis parties ar content and consentis thait thir presentis be insert and registrat in the commissaris boukis of Mvray, the said Sir Thomas renuncing his awine iuresdictione thairto, and thair to haif the strenthe of ane confessit act, his auctorite being interponit thairto, with executorialHs of poynding and horning to follow thairvpoune at the optioun of the pertie conteinand [compleinand] wpoune the charge of simpill sex dayis allenarly, the ane but preiudice of the wthair : And to the effect foirsaid makis and constitutis our lauchfull procuratouris, coniunctle and seueralie, haiffing our powar thairto ; and thairto consent to the registring of the same : And to hald ferme and stabill etc. ; generallie [etc.] In vitness of the quhilk baith the saidis parties hes subscryuit thir presentis, at Aberdene, the threid day of Junii, in the zeir of God jmv° fourscoir and saxtene zeirs ; befor thir witnes, Jhone Gordon apirant of Tullaquhodye, George Strachine, Patrik Gordone and Hew Gordone, serwitouris to the said Sir Thomas. Jhone Gordon, witnes. Thomas Gordone of Cluny. Patrik Gordoune, witnes. George Strathauchine, vitnes. Hew Gordoune, witness. 166. Charge to apprehend Donald Mc Angus McAllaster of Glengarrie. 8th July 1596. James be the grace of God King of Scottis, to our louittis, messingeris, our scherreffis in that pairte, coniunctlie and seueralie, specialie constitute, greting : ForsamekiU as 188 CHARTERS AND MISCELLANEOUS WRITS [1596. it is humelie meanit and schawne to ws be our trustie and weilbelowit counsallouris, Walter pryour of Blantyre, our thesaurar, Mr Thomas Hamiltoun of Drumcairnie, and Mr William Hairt of Levielandis, our advocattis for our interes, that quhair, vpoun the xxiiij day of December last bipast, Donald M° Angus Mc Allaster of Glengarrie wes ordourlie denunceit rebell, and put to our home be vertew of our vtheris letteris, for his not compeirance personalie befor ws and our prevey counsall, at ane certane day bigane, to haue ansuerit to sic thingis as sould hawe bene inquyrit of him, tuicheing ordour to be tane with the disordourit personis of the clanis and vthiris in the Hielandis ; and to haue gevin vp compt quha ar bund be the generall band, lawis of our realme, and actis of our parHament, to be ansuerabill for thame, as our saidis vtheris letteris dewlie execute, indorsat and registrat, schawne to the lordis of our secreit counsall beiris ; at the proces quhairof he maist proudlie and contemptuandlie remanis as zit vnrelaxt, takand na regaird of the said horning, bot passis vp and doun our cuntrey, hantand kirkis, mercattis, and all vthir publict placeis of our realme and societie of men, and enioyis the possessioun of his awne rentis and leving, as giff he wes our frie subiect, in hie and proud contemptioun of our auctoritie and lawis, and encowragement of vthiris to continew in the lyk rebellioun and dissobediens heireftir, without remeid be provydit : — Oure will is heirfoir, and we chairge zow straitlie, and commandis that incontinent thir our letteris sene, ze pas, and, in our name and auctoritie, command and chairge our schereffis of Aberdene, Banff, Elgin, Forres, Name, Inuernes, and Cromartie, and thair deputtis, the provestis and bailleis of our burrowis and townis within the same scherefdomes, and all vthiris schereffis, stewartis, prouestis, and bailleis of our burrowis, iugeis, officiaris, and ministeris of our lawis within quhais boundis and iurisdictioun the said Angus M°AHester, our rebell forsaid, hantis, frequentis, and repairis, to pass serche, seik, and tak him quhaireuer he may be apprehendit, and to put, hald, and detene him in suir firmance and captivity, ay and quhill he haue satisfeit and fulfiUit the command of our saidis vthiris letteris, and obtene himself relaxt fra the said proces of our home, within sax dayes nixt eftir thai be chairgeit be zow thairto, the said Angus being alwayes schawne to thame, vnder the pane of rebellioun and putting of thame to our home : And giff thay failzie thairin, the saidis sax dayes being bipast, that ze incontinent thaireftir denunce thame our rebellis and put thame to our home ; and escheat and imbring all thair mowabill guidis to our vse for thair contemptioun, as ze will ansuer to ws thairwpoun. The quhilk to do we commit to zow, coniunctlie and seueralie, our full power be thir our letteris, delyuering thame be zow dewlie execute and indorsat agane to the berar. Gevin vnder our signet, at Edinburgh, the aucht day of JuHi, and of our regnn the xxix zeir, 1596. Ex deliberatione dominorum secreti consilii. J. Andro. 1597.] OF THE GRANTS OF GRANT. 189 1 67. Bond of Manrent between John Grant of Freuchie and Donald Mc Angus of Glengarrie. 28th April 1597. At Mullychard, the xxviij day of Apryll, the zeir of God jmv° four scoir sewintein zeiris, it is concordit, agreit, and faithfullie promeisit, betuix honorabill men, Johne Grant of Frequhy on the ane part, and Donald MakAngus off Glengarrie on the wther part, in maner [and] forme foUowing : That is to say, the saidis partyes ar content, and be thir presentis consentis that thair be ane contract and finall apoyntment maid, and in ample forme extendit betuix thame, be the sicht and awyce off men off law, on the heidis and artickles vnderwrettin, betuix the day and dait heirof and the tuelf day of Maii nixt to cum, at quhilk day the sadis pairtyes promeissis to conwein at Perthe to that effect ; viz., for guid ordour and freindschipe, mutwall luif and kyndnes to be kepit betuix the saidis Johne Grant off Frequhy and Donald MakAngus off Glengarrie, thair airis, assignais and successouris, the said Donald is content to gif his band of seruice to the said Johne Grant and his successouris, the maist ample and suir way that can be dewysit be men off wnderstanding, that may stand and be kepit be the lawis of the realme, on the conditiounis and vnder the panis following, viz., the said Donald for him selff, his airis, assignais, and successouris, lairdis of Glengarrie, with his kyn, frendis, parttakeris and assisteris, to serwe the said Johne Grant, his airis and successouris, lairdis of Frequhy, perpetuallie in all tym cuming, in all his actionis and caussis quhatsumewer, in the law and by the law, aganis quhatsumeuer person or personis, the autoritie of our souerane lord and his successouris and the said Donaldis cheif being only exceptit : And gif it sail happin the said Donaldis cheif to inwad, perschew, or opres the laird of Grant or his successouris, in that caice the said Donald and his forsaidis to be obleist to tak plaine, afald and treu part with the lairdis of Grant, contrair his said cheif; and alsua the said Donald and his forsaidis sail acumpany the laird of Grant, and meit him at sick conwenient place as salbe apoyntit to him, vpon the premonissioun of dayes, to be maid to him be [the] said laird off Grant, nochtwithstanding the said exceptioun of the said Donaldis chief, as said is : And gif it sail happin ony person or personis to opres, herrie, raif, some, or do ony vther iniury to the inhabitantis of the said Johne Grantis landis of Vrquhart and Glenmoristoun, or ony vther the said Johne Grantis landis, cuntrayes, or heretage, in ony tymes cuming, the said Donald bindis and obleissis him and his forsaidis to fortiffie, mantein and concur with the inhabitantis of the saidis landis, and defend thame with his vttermaist pouer, and tak afauld part with tham in resisting, reuenging, and repairing of all sick skaith, iniury, and harmes to be done to thame be quhatsumeuer persone, as said is ; and sail do his exact dilligence to the heam bringing and restitutioun of sick guidis, geir, and bestiall that sail hap[pin] to be teane away out of the saidis boundis, in ony time cuming, and that be the said Donaldis awin force, gif he may do the same, and to mak the awneris to be restorit to thair awin, in sick maner as gif the sam war takin away fra the said Donaldis kin and freindis : And gif the said Donald 190 CHARTERS AND MISCELLANEOUS WRITS [1597. and his forsaidis be nocht able be thair awin forces to reuenge the saidis wrangis, and to caus the same be repairit, as said is, in that caice, the said Donald, for himselff and his forsaidis, promeisis to be radie with his kin and freindis to pas and in cumpany with him ane landit gentillman, as the laird of Grant pleassis to derect, with the said Donald, to reueng and caus mak reparatioun of the saidis wrangis, as is afoir rehersit : And in caice the said laird of Glengarrie and his forsaidis be nocht in the cuntray at the said tyme, in that caice the said Donald promeisis faythfulHe to cauis and mak the principall of his kin in the cuntray for the tyme to be radie and pas with his forces, with the said landit man of the laird of Grantis kin, to the effect abowe wrettin : And at quhat tyme or quhow schone the laird of Grant hapnis to be chargit be the autoritie to ony publict hosting or weiris, the said Donald and his forsaidis sail accumpany the said laird of Grant and his forsaidis in the said hosting, fra the begining to the ending thairof, the said Donaldis cheif nocht being present : And gif it sail hapin ony person or personis within the boundis [and] heretagis, pertening the said Donald or his forsaidis, to steall, raif, or tak away ony bestiall, guidis or ger, in ony tyme cuming, furth of the said Johne Grantis bundis of Straspey, or wther landis pertining to him, in that caice the said Donald bindis and obleisis him and his forsaidis to stay and stop the same to the wttermaist of his pouer, and to repair, restoir, and delyuer the same agane to the awneris thairof, within ten dayes efter he and his forsaidis being aduerteisit thairof, or ellis to pay the same of his awin proper geir, and to puneis the committeris according to the lawis of the realme : And in caice the said Donald and his forsaidis faUzie in the premissis, or ony part therof, in nocht observing and fulfilling of all and sinderie the premissis, the said Donald for himself and his forsaidis ar content and consentis that the said Johne Grant and his forsaidis sail haif full, fre, and plane regres, acces, and place, to persew the said Donald and his forsaidis, be vertew of the contract maid betuix the said Johne Grantis vmquhill guidschir on the ane pairt, and the said Donaldis vmquhill father on the vther pairt, of the deat, at Elgin, the day of the zeir of God jmv" thre scoir zeiris, for all actiounis and reductiounis or qualifica- tiounis of failzie, gif ony beis competent to the said Johne and his forsaidis be vertew thairof, and thir presentis to be nathing burtfull nor preiudiciall to the said contract, nor na part thairof : And also the said Donald bindis and obleissis him and his forsaidis, that in cais he failzie in the premissis or ony part thairof to thankfullie content, pay, and delyuer to the said Johne Grant and his forsaidis the sowme of thre thowsand merkis money off this realme, toties quoties, as for los, skaith, and dampnage sustenit be the said Johne Grant thairthrow, the said failze being first cognoscit and tryit befoir the freindis wnderwrettin, chosin for ather pairtie to that effect ; that is to say, Sir Johne Murray of Tullibaime, knycht, WHliam Sutherland of Duffis, Patrick Grant of Rathemorchus, Sir Thomas Stewart of Gairntullie, knycht, Patrick Dunbar of Blarie, and Nicholes Dunbar of Boggis, or ony four of thame chosin be bayth the saidis pairteis to that effect : And gif the said failzie or fault beis mendit 1597.] OF THE GRANTS OP GRANT. 191 and repairit be the sicht of the saidis personis or ony four of thame, in that cais the said Donald to be fre of the fornamet penaltie, and na vther wayes ; and for payment of the said penneltie, gif ony hapnis to be, the said Donald hes fund honorabill men, Johne McKenzie of Garloche, Johne Chisholme of Comer, Huichon Fraser, apeirand of Foyer, coniunctlie cautioneris and souertie for the said Donald for payment of the same : For the quhilk caus, and vther ressonable caussis moving the said Johne Grant to the effect vnderwrettin, the said Johne Grant bindis and obleissis him and his forsaidis to defend and mantene the said Donald and his forsaidis in all his honest and iust actionis and caussis to the wttermaist of his pouer, according to the lawis of the realme ; and sail warrand, releif, and keip skaithles the said Donald of all skaith and inconuenientes that the said Donald and his forsaidis sail hapin to incur be the lawis of the realme throw the said Johne Grantis seruice to be done as said is ; and this band of manteinance to be extendit in maist ample forme that can be devysit to the effect forsaid : Also the saidis pairties, for thameselffis and thair forsaidis, hes refferit, and be thir presentis refferis all vther actionis and caussis betuix thame preceideing the deat heirof, and speciallie the heretable rycht of the landis of Kiserne and Strome etc., clamit be ather of thame, to be discussit and decernit be the personis vnderwrettin chossin for ather pairtie to that effect, viz., for the pairt of the said Johne Grant, Maisteris Thomas Craig, William Oliphant, James Donaldson, or ony ane of thame, with the laird of Tullibarne, the guidman of Typermuir and the guidman of Auchtertyr, or ony tua of thame, chossin for the pairt of the said Johne Grant, and Maisteris Alexander King, Henrie Balfour and Johne Nicholsoune or ony ane of thame, with Sir Thomas Stewart of Gairntullie, knycht, Johne Stewart of Tullipury and James Drummond, schirref dark of Perthe, or ony tua of thame, for the pairt of the said Donald : Quhilkis pairties and arbitouris abonewrettin sail convein at Perthe, tuelf day of Maii nixtocum, and sail accept the said matter and de[ci]sioun thairof in and vpon tham, and sail deserne thairintill betuix that and the xv day of Man forsaid ; and as the saidis personis, or the maist pairt of tham, decernis thairintill, bayth the saidis pairties bindis and obleissis thame and thair forsaidis to obserwe, keip and fulfill the same in all tym cuming, and sick heidis and poyntis as the saidis freindis decernis nocht, the said day and place, bayth the saidis pairties ar content to refer the discussioun thairof amicable to the lordis of sessioun at sick day as pleassis the saidis freindis to assigne to the saidis pairties to compeir befoir the saidis lordis to that effect : And gif ather the said Johne Grant or Donald failzeis in keiping of the said day to be assignit to thame, as said is, for productioun of ather of thair richtis befoir the said lordis, to the effect foirsaid, in that cais, the pairtie absent or refusand to haif na forther place to claime ony richt or titill to the saidis landis, in haill or in pairt, at ony tym thairefter : And in cais it be found and decernit that the said Johne Grant haif best rycht and titill to the saidis landis of Kiserne and Strome etc., in that cais, the said Donald bindis and obleissis him and his forsaidis to pay to the said Johne Grant and his forsaidis the sowme of thre merkis money for ewerie merk land thairof of zeirlie maill at tea termes in 192 CHARTERS AND MISCELLANEOUS WRITS [1597. the zeir vsit and vount, allanerlie ; for payment of the quhilk sowme zeirlie and termlie, as said is, James Dunbar of Tarbart, Nicholas Dunbar of Boggis, or Georg Dunbar of Auchleisk, sail becum caution and souertie actitt in the commisar buikis of Moray as effeiris : And bayth the saidis pairties ar content and consentis, for thame selffis and thair forsaidis, that this present wreit be eikit, mendit, and reformit in maist sure and ample forme that can be devysit be men of iudgment, keipand the substantiall heidis abonewrettin, als oft as neid beis, ay and quhill it be found sufficient to the effect befoir mentionat. In witnes of the quhilk, bayth the saidis pairties hes subscrywit thir presentis with thair handis, day, zeir, and place forsaid, befoir thir witnessis, James M°Intosche of Gask, Mr James Grant of Ardnelzie, Johne Grant of Kinweachie, Donald M°Innis Moir of Siane, Alexander Betoun of Ochtertyr, and William Reid, writter heirof. Mr James Grant of Ardnely, witnes. Johne Grant of Frewquhy. Alexander Betoun, witnes. Donald Makangus of Glengarrie. William Reid, writter heirof, witnes. 168. Tack by Dame Marie Ruthven, Countess of Athole, with consent of John Earl of Athole, her spouse, to John Grant of Freuchie, of the lands of Clawalge, etc. 3d September 1597. Be it kend till all men be thir present letteris, ws, Dame Marie Ruthuen, countes of Atholl, lyfrenter and coniunctfear of the landis and lordschip of Balveny, with expres consent and assent of ane nobill and potent lord, Johne erle of Atholl, lord Inuermey and Balvany, now my spous, for his entres, to haue sett, and in tak and assedatioune lattin, and be thir presentis settis, and in tak and assedatioune lattis to our weilbelouit freind, Johne Grant of Frewquhy, his airis, assignayis and subtennentis of na hier degre nor himself, all and haill the thrie quarteris of the towne and landis of Clawalge, presently possest be the said Johne, with pairtis, pendiclis, scheillingis and pertinentis thairof, lyand within the baronie of Clawalge and schirefdome of Name, during all the space, dayis, zeiris and termis of my, the said Dame Mareyis, lyftyme ; togidder with the towne and landis of Kynnermonie, with fischeingis, scheillingis, pairtis, pendiclis and pertinentis thairof, lyand within the lordschip of Balvany and schirrefdome of Banf, for all the space, zeiris and termis of fyve zeiris, beginnand the first terme at the feist of Witsonday nixtocum, in the zeir of God jmv° fourscoir auchtein zeiris, and fra thynefurthe to endure during the said space, but ony intervall or brek of termis : Payand thairfoir zeirly the said Johne Grant and his foirsaidis to ws, our factouris, doaris and chalmerlaneis in our nameis, aU maillis, customeis and dewteis quhatsumeuer, vsit and wont ; togidder with seruice, vsit and wont, allenerly : And we forsuthe, the said Dame Marie and my said spous for his enteres, faithfullie bindis and obleissis ws, coniunctly and seueraUie, our airis, executouris and assignayis, to warrand, acquiet and defend this present 1597.] OF THE GRANTS OF GRANT. 193 tak and assedatioune to the said Johne and his foirsaidis, in all and be all thingis abone- writtin, frome our awin deid allenerly ; and that we haue done nor sail do nothing preiu- diciall thairto : In witnes of the quhilk we haue subscryveit thir presentis, quhilkis ar wrettin be Walter Dog, notar, with our hand, at Dunkeld, the thrid day of September jmvc fourscoir sevintein zeiris, befoir thir witnessis, Schir James Stewart of Auchmadeis, Mr. James Grant of Arnely, Patrik Muray sone to the lord Tullibardin, and Walter Dog, writer herof. James Stewart, vitnes. „ , ., ,T ., Jhone Erll of Atholl. ratrik Murray, vitnes. ,, T ~ . Marie Countes of Atholl. Mr. James Grantt, vitnes, present. Walter Dog, notar, witnes. 169. Bond of Friendship by John Earl of Athole to John Grant of Freuchie. 3d September 1597. Be it kend till all men be thir present letteris, ws, Johne erle of Atholl, lord Balveny and Inuermey, etc., that forsamekiU as our guid freind, Johne Grant of Frewquhy, hes, remem- bring the dewtie, amitie and freindschip that in tymeis past hes bene observit and kepit be his predecessouris and himself to our predeeessouris, erlis of Atholl, and now finding the lyk occasioun in ws, hes nocht onlie ratefeit and approwin all bandis of freindschip maid of befoir be him or his predecessouris, bot also renewit the samin in sufficient forme to ws the day and date of thir presentis : Tharfoir, to be bund and obleist, lyk as we, be the tenour heirof, faithfullie bind and obleis ws be our selfis, our kyne, freindis, seruandis, assisteris, dependeris, partakeris and haill force and power, to fortifie, concure and assist the said Johne Grant of Frewquhy, his airis and successoris quhatsumeuer, thair kyn, freindis, seruandis, assisteris, dependeris and partakeris, trewly and anefoldly, in quhatsumeuer mater, cause or purpois intendit, or to be intendit, be the said Johne, or concerning him in ony wayis, aganeis quhatsumeuer persone or personis within this realme (the Kingis Maiestie and Hienes personall presence allennerly exceptit) ; and salbe with the said Johne bothe be our self and our foirsaidis, and tak playne and anefold pairt with him in quhatsumeuer querrell, controuersie or debait that sal happin to fall out betuix him and ony vther persone or personis quhatsumeuer within this realme, at quhat tyme soeuer the said Johne Grant sail move or wndertak the samin himself, vpon quhatsumeuer occasionis, and sail prosequut the samin with him and his foirsaidis to the end ; and sail neuer be freind, be word, deid, counsall nor assistance, to na persone nor personis to quhome it salhappin the said Johne to declair feid or haitrent, bot sail fortife, concur and assist with the said Johne in all and be all thingis abonewrittin, aganeis all deidly, exceptand as is befoir exceptit : And heirto we faithfullie bind and obleis ws be the faithe and trewthe of our body, wnder the pane of periurie, defamatioune and tinsall of perpetuall credit, fame and honour, be this our band of 2 B 194 CHARTERS AND MISCELLANEOUS WRITS [1599. freindschip, wrettin be Walter Dog and subscryveit with our hand, at Dunkeld, the thrid day of September, the zeir of God jmvu fourscoir sevintein zeiris ; befoir thir witnessis, Sir James Stewart of Auchmadeis, Mr. James Grant of Arnely, Patrik Muray sone to the lard of Tullibardin, NeUl Grant in Dalbryak. James Stewart, vitnes. Jhone Erll of Atholl. Patrik Murray, vitnes. Mr. James Grantt, witnes, present. Neill Grant, witnes. Walter Dog, notar, witnes. 1 70. Acquittance to John Grant of Freuchie for the double of the feu-duty of Glencharny and Balnadalloch. 12th September 1599. I, Alexander Dunbar of Cumnok, be the tennour heirof grantis me to haif ressauit fra the handis of Thomas Grant in Letauche, in name and behalfe of the richt honorabill Jhone Grant of Frewquhye, the sowme of sewin scoir tua pundis money, in satisfactioun, payment and contentatioun of the lettres obligatouris made to me be the said Jhone Grant of Frewquhye, be quhilk the said Jhone wes oblesit to pay to me the sowme of thrie hundreth pundis money, with this provisioun, that gif he payit the said sowme of sewin scoir tua pundis at the terme contenit in the said obligatioun, in that caice the said obligatioun to be null ; and that for the dowbill of the few dewty of the landis of Glencharnye and Balnadallach the tyme of the entrie of the said Jhone Grant of Frewquhye, and addettit be me in the chekker comptis, conforme to the responde directit thairanent ; of the quhilk sowme of sewin scoir tua pundis money, in contentatioun and satisfactioun and for the caussis forsaidis, I hald me weill contentit, satisfeit and payit, renunceand, and be thir presentis renuncis, the exceptioun of non numerat money, exoneris, quytclames and discharges the said Thomas Grant, in name of the said Jhone Grant of Frewquhy, thair airis, executouris and assignais, for me, my airis, executouris, assignais and all vtheris quhom [it] efferris, of the samyn for now and ewir : And I forsuith, the said Alexander Dunbar of Cumnok, bindis and oblissis me and my forsaidis to varrand, freith, releif and keip skaithless the said Jhone Grant of Frewquhye and his forsaidis of the said sowme, for the caussis abone specefeit, at the handis of [his] Maiestie and his Maiesteis auditouris of chekker and all vtheris quhom [it] efferis, be this my acquittance, subscriuit with my hand (writtin be George Sutherland notar publict), at Elgin, the tuelf day of September, the zeir of God ane thowsand fyve hundreth fourscoir nyntein zeiris ; befoir thir witnessis, Patrik Grant of Balnadallach, William Hay of Mayne, Mark Mawer of Stynie, Dauid Torrie burges of Elgin, and the said George Sutherland, notar publict, writtar heirof. G. Sutherland, notar publict, witnes Alexr. Dunbar of Cumnok. and writtar of the premissis. Patrik Grant off Balnadallache, vitnes. M. Mawer of Styny, vitnes, present. William Hay of Mayne, vitnes. 1599.] OF THE GRANTS OF GRANT. 195 171. Submission by Simon Lord Fraser of Lovat and John Grant of Freuchie, of all controversies between them, etc. 13th September 1599. At Inuernes, the threttene day of September, the zeir of God ane thousand fiwe hundreth four scoir nyntene zeiris, it is convenit and aggreit betuix ane noble lord, Symond Lord Fraser of Lowat etc. for him self, his kin, frendis, tenentis and seruandis on the ane part, and ane honorabill man, Johne Grant of Fruquhye, for him self, his kin, frendis, tenentis and seruandis on the vther part : Quhilkis parteis hes submittit, and be thir presentis submittis all actionis, querellis, questionis and debaitis, that aither of [thame], thair kin, frendis, tenentis and seruandis haid, hes or ma haif, ask or clame at wther throw ony intromission, reif, oppression or taking of guidis or geir be ony of thame fra wther, precedand the day and dait of this present wrett, to the decision, jugment, decreit arbitrall and amicable composition of honora bill men onderwrettin ; thai ar to say, for the part of the said noble lord, Thomas Fraser of Strechin, Johne Chessom of Commer, Hucheon Fraser of Guischechan, Hucheon Fraser of Ballatrum, Angus Makintosche of Termet and Alexander Fraser of Farlan ; and for the part of the said Johne Grant of Fruquhy and his forsaidis, Patrik Grant of Rathymvrchus, Johne Grant of Glenmoristoun, Maister James Grant of Ardnelie, James Makintosche of Gask, Johne Grant of Kinveachie, and Thomas Grant in Ledauch : Quhilkis personis altogidder sail, God villing, convene in Inuernes the xviii day of Nouember nixt to cum, and accept the decision of the said mater in and vpon thame, and sail decerne thairintill at sic convenient day and tyme as salbe thocht expedient be bayth the saidis parteis at the said tyme of thair convention : And as the saidis juges and amicable compositouris decernis and decreitis in the saidis causis, the saidis parteis ar bound and oblist, and be the tenour heirof bindis and oblissis thame, and promittis faythfullie to caus thair kin, frendis, tenentis and seruandis on ather syd, obey, keip and fulfill the same, ilk ane for his awin part, as sal happin to be decernit the said tyme : And for obeying, keiping, fulfilling and payment making of the sowmes of mone, guidis or geir, as the said noble lordis frendis and tenentis beis decernit to pay, Thomas Fraser of Moneak and Johne McCulloch in Altir ar becum cautionaris, souerteis and full dettouris, and ilk maner for payment of sic sowmes of mone, guidis or geir, as the said Johne Grant, his tenentis and seruandis beis ordinat to pay, Johne Grant in Gartinbeg and WUHam McAllan of Auchnarrour ar becum cautionaris, souerteis and full dettouris, at sic convenient termes and days thaireftir as the saidis juges sail think expedient, but fraud or gyll : And the saidis Symond Lord Fraser of Louat and Johne Grant of Fraquhye for thame selfis, thair airis, successouris and assignais, bindis and oblissis tham to varrand, relief and keip skaythleis the saidis cautionaris of the premissis, and of all costis, skayth and damnage that thai or ony of thame respectiue hapnis to incur thairthrow, and of all that ma follow thairupon. In fayth and vitnes of the quhilkis, bayth the saidis parteis 196 CHARTERS AND MISCELLANEOUS WRITS [1600. hes subscryvit thir presentis with thair [handis], day, zeir and place forsaidis ; befor thir vitnes, Alexander Fraser in Farnell, Huchen Fraser of Erchett, James Grant in Aviemoir, James Grant of Auchernett, and Mr William Gregour wrettar heirof. Symon Lorde Fraser of Louat. 172. Contract between John Grant of Freuchie and Donald McAngus of Glengarrie. 19th April 1600. At Elgyne, the nyntene day of Aprill, the zeir of God ane thowsand and sex hundreth zeiris, it is appoyntit, contracttit, faythfullie oblest and finallie endit and agreit betuix the rycht [honorabill] Johne Grant of Frequhye, on that ane pairt, and Donald M° Angus of Glengarrie, on that vther pairt, obleissing thame, thair airis, assignayis and successouris to thair landis and heretageis, to observe, keip and fulfill the haill headis, poyntis, claussis, articleis and conditiounis of this present contract, ather to vtheris, in maner following : That is to say, forsamekiU as the said Johne Grant of Freuquhye, be ane vther contract and infeftment following thairwpoun, hes sauld, disponit, annaleit, and set in few ferme to the said Donald, his airis maill and assignayis, all and haill the castell, fortalice and maneir place of Strome, and the thrattene merk landis of Kysryne, with the vniuersall pertinentis thairof vseit and wont, lyand within the erldome of Ros and schirefdom of Inuernes ; as alsua all and haill the towneis, landis, scheallingis and vtheris eftir mentionat, to witt, Achenadariche and Lunde, estimat of auld extent to tua merk land ; Fairnamoir, estimat to tua merk land ; Culuoyr and Achemoir, estimat to tua merk land of auld extent ; Foirneagiveg, Findanamure, and Acheache, to tea merk land ; Achechoynleth and Brayem- troye to tua merk land ; Culchnok, Achenacloyche, Blargarwe and Acheas, to tua merk land ; Atomemis and Vochterorye, to tua merk land, lyand within the lordschipe of Loch- ailche ; as lykueyis in Strome in Carranach, extending to tuentie schilling land ; Slomba, estimat to tuentie schilling land ; the quarter of Down, to ten schilling land ; Achinche, with the thrie quarteris, estimat to thrattie schilling land of auld extent, lyand within the lordschipe of Locharroun and schirefdome forsaid ; — as the saidis contract and infeftment, of the dait of thir presentis, at mair lenth proportis : Thairfoir, and for the band of mantenance vndirwreattin, the said Donald be thir presentis, for him, his airis and successouris to his landis and heretageis, and assignayis, faythfullie promittis be the fayth and treuth in his bodie, and be the tenour heirof bindis and obleissis him, his airis, assignayis and succes souris, that he and they sail, in all tyme cuming, be thame selfis, thair mentenentis, servandis, pairtakeris and dependarris (quha accompaneis thame in oisting and hunting), serve, honour, assist, defend, plane and efauld pairt tak with the said Johne, his airis, successouris and placehaldaris of the hous of Grant, in all and quhatsumeuir his and thair honest and lesum adoeis, actiounis and querrellis, contrair all mortall (the auctoritie onlie exceptit) : Lyk as 1601.] OF THE GRANTS OP GRANT. 197 the said Johne Grant obleissis him, his airis, successouris and placehaldaris, to assist, fortifie, mantein and defend the said Donald Mc Angus of Glengarrie and his forsaidis in all and quhatsumeuir his and thairis lauchfull adoeis vpoun quhatsumeuir occasioun that sail happin to occur for the tyme, in ... as becumis ane superiour to do to his wassail and . . contrair quhatsumeuir personeis (the auctoritie and the Marq . . . onlie exceptit), and as the said Donald or his . . . happin to hawe to do in persuit or defence of . . . actiounis that salbe persewit be thame or . . . thame for the tyme be or contrair quhatsumeuir . . . exceptit), the said Johne and his forsaidis sal . . . efauld and trew counsaill and aduyse to the . . . forsaidis for his or thair forderance in ... of the saidis caussis, and sail employ . . . moyane with his freindis and fauora[ris] . . . [Do]nald and his forsaidis for the . . . said Donald and his forsaidis adoeis . . . vald do in his awin the said Donald . . . expensis and chargeis thairwpoun ... the saidis pairteis faythfullie bindis and ... of thame to wtheris, and to observe, keip . . . haill premissis ather to wtheris, in maner . . panis of defamatioun, periurie, wiolatioun . . . fayth and honour for euir. In witnes of the . . . pairteis hes subscryuit this present contract ... be Johne Donaldsone, notar publict, servitour to Will . . . Schirefmylne . . . with thair proper handis, day, mo[neth, zeir] and place forsaidis, befoir thir witnessis, Mr. James ... [of Ar]dneidlie, Johne MTntosche, sone to Lauchlan McIntosche [of] Dunnauchten, William Gibsone of Schirefmylne, Thomas Grant in . . . Mark Mawer of Stynie, commissar of Murray, and the said [Johne] Donaldsone, wreattar heirof. Mr. James Grant of Ardnely, witnes. Jhone Grant of Freuquhy. Johne McKintosehe, witnes. Donald Makangus of Glengarrie. J. Donaldsone, notar publict, wreatter of the premissis, witnes, present. M. Mawer of Styny, vitnes, present. Williame Gibsone, witnes, present. Thomas Grant, vitnes. 173. Discharge by John Lord Forbes to John Grant of Freuchie, his uncle, for all spuilzies and -wrongs committed on his tenants, etc. 11th June 1601. Be it kend tiU all men be thir present letteris, ws, Johnne Lord Forbes to be bound and obleist to our speciali guid freind and eme, Johnne Grant of Frewquhy, in maner subsequent ; that is to say, forsamekle as at sindrie and diuers tymes bygane, bayth in the said Johnne Grantis guidschir tyme as lykwyis in his awin, sindrie of his servandis and inhabitantis of his land hes committit and done to ws, the said Johnne Lord Forbes, as lykwyis to vtheris our tennentis and servandis, diuers grite wrangis and oppressionis tending griteimlie to our hurt and hender ; zit neuirtheles, for sindrie ressonable caussis and considerationis moving ws, and speciallie for the continewance of the auld freindschipe, guid will and amitie standing betuix our houssis, to haif exonerit, quietclamit, dischairgit, and be thir presentis for our 198 CHARTERS AND MISCELLANEOUS WRITS [1601. self, our aires and assignayis, and taiking the burding vpoun ws for our saidis tennentis and servandis, thair aires and assignayis, exoneres, quietclames and dischairges the said Johnne Grant, his saidis freindis and servandis, thair airis and assignayis for euir, of all spuilzies, wrangis and vther manifest oppressiounes committit or done be thame or ony of thame at ony tyme bygane preceding the day and dait of thir presentis ; and of all actioun of law competent to ws thairthrow, als weill nocht intentit and persewit as intentit and persewit : And siclike bindis and obleissis ws and our foirsaidis to substitute and surrogate, lykeas we be thir presentis substitutis and surrogattis the said Johnne Grant of Frewquhy and his foirsaidis (be our speciali letteris of assignatioun in ample forme,) in our fuU rycht and place of all actiounis, alsweill nocht intentit as intentit, as said is ; with our full power to him to call, follow and persew the committeris of the saidis crymes, ather at our instances or his awin, as he sail think expedient : And gif neid beis, we the said noble lord faythfullie bindis and obleissis ws and our foirsaidis to iterate, reforme and renew this our dischairge to the said Johne Grant als oft as neid beis, and ay and quhill he and his foirsaidis find thame selffis sufficientlie dischairgit anent the premissis ; and in lyk maner to deliuer to him the assignatioun abone writtin quheneuir the samin beis requirit : Prouiding alwyis that the premissis be nocht preiudiciall to the actioun persewit at the instance of my sone, the maister, aganis Patrik Grant of Camdell for entering of Patrik Grant in Mulben in my court. In witnes quhairof I haif subscriuit thir presentis with my hand at Druminnour the ellevent day of Junii, the zeir of God ane thowsand sex hundreth ane zeiris ; befoir thir witnessis, Alexander Forbes of Auchintoull, Arthour Forbes our sone, Gregour Grant and Arthour Vrquhart our servitour. Jhone Lord Forbes. A. Forbes off Auchintoull, witnis. Gregour Grant, witnes and writter Arthour Forbes with my hand and for of the premissis. Arthour Wrquhart becaus he culd nocht writt himself, wittnis. 174. Commission by King James the Sixth to John Grant of Freuchie and others, to try persons suspected of witchcraft, etc. 28th June 1602. James be the grace of God King of Scottis, to all and sindry oure leigis and subdittis quhome it effeiris, quhais knawlege thir oure letteris salcum, greting : Forsamekle as it is vnderstandin to ws and lordis of oure secreit counsall that thair is ane grit nowmer of personis within the boundis of the landis, baronyis and possessiounis, pertening to Johnne Grant of Freuchie, quha ar suspect and dilait of wichcraft, sorcerie, inchantmentis and vtheris odious crymes, condemnable be the lawis of oure realme, quhairin thai haue tane the gritter bauldnes to continew this lang tyme bygane be ressoun of thair oversicht and impunitie, and that nane has bene authorized with power and commissioun of justiciarie to punische thame : Quhairfore, to haue maid, constitute and ordanit, and be the tennour heirof 1602.] OF THE GRANTS OF GRANT. 199 makis, constitutis and ordanis Johne Grant of Freuchy, Patrik Grant of Rathemurkus, Patrik Grant of Baldarroch, Mr James Grant of Ardnelie, Mr Patrik Grant, minister, oure justices in that pairt conjunctly and seueraly ; gevand, grantand and committand to thame oure full power and commissioun to convocat oure leigis in armes, and to pass, searche, seik, tak and apprehend all and quhatsumeuir personis suspect and dilait of the crymes abonwrittin within the boundis abonmentionat, quhairevir thai may be apprehendit, and to commit thame to strait waird, firmance and captivitie, ay and quhill thai minister justice vpoun thame : And to that effect, justice courtis ane or ma at quhatsumeuir places convenient to set, begin, affix, affirme, hald and continew, als oft as neid beis ; and in the same court or courtis the saidis personis to call and thame be dittay to accuis ; and as thai be fund culpable or innocent, to caus justice be ministrat vpoun thame, conforme to the lawis of oure realme ; deputtis ane or ma vnder thame, with clerk, seriand, dempster, and all vtheris officeris and memberis of court neidfull, to mak, creat, ordane and caus be suorne, for quhome thai salbe haldin to ansuer ; assyiss of the personis best knawing the veritie to sufficient nowmer to summound, warne and cause compeir, Uk persoun vnder the pane of fourty pundis ; vnlawis and amerchia- mentis of the saidis courtis to ask, lift and raise, as neid beis, and for the same to poind and distreinzie : And, gif it sal happin the saidis personis or ony of thame to be convict of the saidis crymes, with powar to oure saidis justices, coniunctly and seueraly, and thair deputtis, to intromet with and vptak thair escheit guidis and geir, and for the ane equall [haiff] thairof to be ansuerable to ws and oure thesaurer, and compt thairof in oure chekker to mak, and vpoun the vther haiff of the same to vse and dispone at thair pleasure for thair panis and laubouris : And generally, all and sindry vtheris thingis to do, vse, hant and exerce, quhilkis to the office of justiciary of law or consuetude of oure realme ar knawin to pertene : Firme and stable halding and for to hald all and quhatsumeuir thingis salbe lauchfully done heirin : Charging heirfoir zow, all and sindry oure saidis leigis and subdictis quhome it effeiris, to reddylie ansuer, intend and obey to oure saidis iustices, coniunctly and seueraly, and thair deputtis, in all thingis tending to the executioun of this oure commissioun ; and to do nor attempt nathing to thair hinder and preiudice, vnder all hiest pane, cryme, charge and offence that ze and ilk ane of zow may commit and inrin aganis oure maiestie in that behalff. Subscryvit with oure hand and gevin vnder oure signet, at Perth, the xxviii day of Junii, and of oure regnne the xxxv zeir, 1602. James R. Montroiss canrius. J. secretarius. 175. Mutual Bond of Friendship between John Grant of Freuchie and Alexander Dunbar of Westfield. 18th September 1602. This Indentour, maid at Forres, the auchtene day of September, the zeir of God ane thousand sex hundreth and tua zeiris, testifeis and bearis witnes, that it is appoyntit, 200 CHARTERS AND MISCELLANEOUS WRITS [1602. contractit, concordit and finallie agreit betuix the rycht honorabill pairteis wnderwreattin, thay ar to say, Johne Grant of Freuquhye, for himself and takand the burding in and vpoun him for his haill kin, freindis, dependaris, partakeris, assistaris, mentenentis and servandis, quhom he mey stop or latt, on that ane pairt, and Alexander Dunbar of Westfeild, scheref of Morray, and the gentilmen of his name of Dunbar wndersubscryweand, for thameselfis, and takand the burding in and vpoun thame for thair haill kin, freindis, dependaris, par takeris, assistaris, mentenentis and servandis, quhom they mey stop or latt, on that wther pairt, in maner following : That is to say, forsamekiU as thair hes bene diuers and sindrie auld bandis and leagueis of freindschipe maid and endit betuix the saidis pairteis, thair antecessouris and forbearis, for keiping and interteneying of freindschipe, amitie, guid neychbourheid and peace within thair boundis, countreyis and possessiounis ; and the saidis pairteis, be speciali aduyse and mature deliberatioun, and consent of thair kin and maist speciali freindis, meaning and willing to keip and interteney mutuall freindschipe and amitie betuix thame, their kin and freindis, and to renew, reforme and reiterat the auncient bandis and leagueis maid and agreit vpoun befoir betuix thair predicessouris, for preserva- tioun of the inuiolabill peace betuix thameselfis, thair kin, freindis, tenentis, assistaris and dependaris ; and for incresce and augmentatioun of welth and policie to thameselfis and thair forsaidis, be the fayth and treuth of thair bodieis, as euerie ane of thame will ansuer to God, and be thir presentis, faythfullie bindis and obleissis thame and thair airis succedand to thair houssis, landis and leweingis, mutuallie to wtheris, to plane trew and efauld pairt tak with wtheris, manteine, assist and defend ilkane wtheris, and ilk ane of thame to gif to wtheris thair best and honestest consaill and aduyse in ilkane of thair honest and lesum bissines and adoeis, actiounis, questiounis and querreUis quhatsumeuir, — exceptand his Maiestie, his Hienes successouris, the marques of Huntlie and his successouris, and the personeis wnder wreattin, they ar to say, for the said Johne Grant of Freuquhye and his airis, Sir Johne Morray of Tullibarne, knycht, and his airis, and for the said Alexander Dunbar of Westfeild and his airis, Alexander lord of Fywie, president of his Hienes Colledge of Justice, and his airis allanerlie ; — wnder the paneis of periurie, infamie, violatioun and brek of fayth, honour and treuth, for euir : And in case it sail happin (as God forbid it do) ony offence or iniurie to be committit and done be ony of the saidis cheiffis to wtheris, in that case the samen to be adiudgeit and tryit be tua, for euer ilk ane of thame, of thair kin and surname maist wnsuspect and best liueand, at quhais arbitriment and decreit the saidis parteis obleissis thame and thair forsaidis to stand, abyd at, wnderlye and fulfill in all partis, but appellatioun or reclamatioun thairfra : And in case ony of thair freindis or thair forsaidis happin to offend or iniure wtheris, in that case the samen to be tryit and adiugeit be the saidis Johne and Alexander thair saidis cheiffis, at quhais decreit the parteis offendand sail stand and amend to the partie offendit according to thair discretioun and iudgement in ane voce but appella tioun thairfra, as said is ; sua that no occasioun or caus of ony elist or questioun mey or 1606.] OF THE GRANTS OP GRANT. 201 sail aryse or insult betuix the saidis parteis and thair forsaidis heirefter, bot that peace and amitie be keipit mutuallie, as said is : And the saidis parteis obleissis thame, and promittis to renew thir presentis as ony of thame salbe requerit be wtheris to the effect and keipand the substantialiteis forsaidis. In witnes quhairof the saidis parteis and wtheris wndersub- scryvearis hes subscriuit thir presentis, wreattin be Johne Donaldsone, notar, servitour to the said Johne Grant of Freuquhye, with thair handis as followis, day, moneth, zeir and place forsaidis ; befoir thir witnessis, William Sutherland of Duffous, James Sutherland of Kinstarie, Mr James Dundas, chantour of Morray, and the said Johne Donaldsone, wreattar heirof. Prouyding, lykas it is speciallie agreit vpoun betuix the saidis parteis, that this present band and contract sail nawayis obleis nor astrict thair airis thairto, during thair awin will and plesouris, nochtwithstanding thair airis and successouris be mentionatt thairin. Jhone Grantt off Freuquhy. Alexe Dunbar of Weistfeild. 176. Bond of Manrent between John Grant of Freuchie and Kenneth Mackenzie of Kintail. 1st May 1606. At Invernes, the first day of Maii, the zere of God ane thowsand sex hundreth and sex zereis, it is appoyntit, contractit, faythfullie oblest, and finallie agreit, betuix the rycht honorabill pairteis wnderwreattin, they ar to say, Johne Grant of Freuquhye, for himself and takand the burdine in and wpone him for his kin, freindis, mentenentis, assistarris, pairtakeris, dependaris and all wtheris for quhom he is obleist to be ansuerabill be the lawis of the realme of Scotland, actis of parliament and generall band, on that ane part, and Kenneth Mackenzie of Kintail, for himself and takand the burding in and wpoun him for his kin, freindis, mentenentis, assistaris, pairtakeris, dependaris, and all wtheris for quhom he is obleist to be ansuerabill be the lawis of the said realme, actis of parliament and generall band, on that wther part, in maner following : That is to say, the saidis Johne and Kenneth, for thameselfis and takand the burdine in and wpoun thame, as said is, faythfullie and treulie promittis, be the fayth and treuth of their bodeis, and be thir presentis, sickerlie bindis and obleissis thame, thair airis and successouris, to assist, defend, aide, concur, plane and efauld part tak with wtheris, be thameselfis and thair forsaidis, ather of thame with wtheris, in all and quhatsumeuir thair and ather of thair honest and lesum adoeis, actioneis, questioneis, querrellis and caussis, contrair all wtheris persone or personeis that sail happin at ony tyme heireftir to persew, inuaide, trubill, molest or inquiett the saidis personeis, or ather of thame or thair forsaidis, thair boundis or cuntreyis (his Maiestie and the auctoritie onlie exceptit) : And that nather of the saidis pairteis sail heir, witt, or sie wtheris hurtis, skaythis, dampnedge, 2 c 202 CHARTERS AND MISCELLANEOUS WRITS [1606. or loss, bot they and ather of thame sail aduerteis wtheris thairof : Lykas, for the better performance heirof in all poyntis, the saidis pairteis and ather of thame, for thameselfis and thair forsaidis, and takand the burdine in and wpoun thame, as said is, hes submittit and referrit, and be thir presentis submittis and referris all and quhatsumeuir actioneis and caussis, bayth ciuile and criminall, committit in ony tyme bygane preceding thir presentis, or to be committit in tyme cuming be ather of the saidis pairteis or thair forsaidis, to the decisioun and arbitriment of the personeis efternominat, chosin and electit be bayth the saidis pairteis with ane consent, or moniest of thame agreand in ane voce, to witt, Patrik Grant of Rothemurchus, Patrik Grant of Balnadalloche, Mr James Grant of Edinvillie, Johne Grant of Glenmoreistoun, Lauchlan Grant of Elcheis, and Thomas Grant of Hiltoun of Bimeyth, Rorie McKeinzie of Coigache, Rorie McKeinzie of Ardinfaillie, Alexander McKeinzie of Coull, Kenneth Mackenzie of Kilchrest, Mr Johne McKeinzie, persone of Dingwell, and Mr Johne MacKeinzie, archedene of Ros ; — at quhais arbitriment and decreit the saidis pairteis, for thameselfis and takand the burdine in and wpoun thame, as said is, sail stand, abyid at, wnderlye and fulfill the samen in all poyntis, but appelatioun or reclamatioun thairfra ; sua that it sail nocht be lesum to ather of the saidis pairteis, or ony of thair forsaidis for quhom they tak burdine, as said is, to trubill, molest, or persew wtheris befoir ony wther iudge or iudgeis within this realme for quhatsumeuir caus, deid or occasion bygane, present, or to cum, at ony tyme hearefter, bot the samen actioneis to be tryit and adiugeit be the saidis freindis, quha sail pronunce thairanent amicabillie and freindlie : And the saidis pairteis obleissis thame and ather of thame heirto, in maner forsaid, and to reiterat, renew and reforme thir presentis sa oft and how oft as ather of thame salbe requerit to that effect, ay and quhill the samen be aneis maid sufficient, keipand the substantiall heidis heirof wnalterit : And for the mair securitie, they ar contentit and consent that thir presentis be insert and registrat in the buikis of counsaill and sessioun, thair to haue the strenth of ane decreit of the lordis thairof, thair auctoritie to be interponit thairto, with letteris and executoriallis to pass heirvpoun, in forme as effeiris : And for acting and registring heirof, they mak and constitute coniunctlie and seuerallie, thair lauchfull procuratouris, in vberiori constitutionis forma ; pro- mittentes de rato, etc. In witnes quhairof, the saidis pairteis hes subscriuit thir presentis, writtin be Johne Donaldsone, seruitor to the said Johne Grant of Frewquhye, with thair handis, day, moneyth, zere, and place forsaidis; befoir thir witnessis, Sir James Stewart of Muren, knycht ; Johne McGillichoan, William Lauder, and the said Johne Donaldsone, notaris publict. S. James Stewart of Murane, witnes. Johne Grant of Freuquhy. Wm Lauder, witnes. Mackenzie. Johane Makgillichoan, notar, vitnes, present. 1606.] OF THE GRANTS OF GRANT. 203 177. Mutual Bond of Assistance and Defence between Allan Cameron of Lochiel and Renalt Mc Allan of Lundie and his son. 23d July 1606. At Bellemakain in Vrquhart, the tuentie thrie day of Julii, the zere of God ane thowsand sex hundreth and sex zereis, it is appoyntit, contractit, faythfullie obleist and finallie agreit betuix the rycht honorabill Allane Cameroun of Lochzeill on that ane pairt, and Renalt M°Allan of Lundie and Allan McRenalt VicAllan, his sone and apparent air, on that wther pairt, in maner, forme and effect as eftir followis ; that is to say, the saidis Renalt M° Allan and Allan McRannalt, his sone, be the tenour heirof faythfullie bindis and obleissis thame, and sickerlie and trewlie promittis that they, and ilk ane of thame, sail, with thair haill barneis, kin, freindis, assistaris, pairtakeris, dependaris, and all quhom they and ather of thame mey stop or latt, serve, honour, assist, defend, plane and efauld part tak with the said Allan Cameroun of Lochzeill in all tymeis cuming, in all and quhatsumeuir his honest and lauchfull. actioneis, adoeis, questioneis, quarrellis, debateis and contraverseis, be the aduise and consent of the rycht honorabill Johne Grant of Frewquhye, and as he sail command or bid thame be word or writ, contrair quhatsumeuir persone or personeis (the auctoritie and the laird of Glengarrie and his airis and successouris only exceptit) : And be thir presentis the saidis Renalt Mc Allan and Allan M°Renalt, his sone, faythfullie promittis be the fayth and treuth of thair bodieis, that they, nor ather of thame be thame selfis, sail nather heir, sie nor conceall the said Allan Camerone of Lochzeill his hurt or skaith, nor be airt [and] pairt with, or in consell thairof, bot that thei sail mak him acquent and forsene thairwith, and sail stop, hinder and impeid the samen, to the wttermost of thair power : And in cace it sail happin ony actioun of pairtie, deidlie feid, trubill or weiris, to fall, aryis or be betuix the said Allan Cameroun of Lochzeill and the laird of Glengarrie or his airis and successouris, in that cace the saidis Renalt and Allan his sone faythfullie promittis and bindis and obleisi's thame, that they, nor ather of thame nor thair forsaidis, sail na wayis, directlie or indirectlie, assist, pairt tak with, forder or supplie the said laird of Glengarrie and his forsaidis in ony tyme cuming, bot be the aduise and consent of the said Johne Grant of Frewquhye, and as he sail command or bid thame : For the quhilkis premissis, the said Allan Cameroun of Lochzeill faythfullie promittis and bindis and obleisis him to mantein, defend, aide, supplie, fortifie and assist, be him self, his kin and freindis, the saidis Renalt Mc Allan and Allan McRenalt, thair barneis and seruandis, in all thair honest and lesum actioneis, questioneis, quarrellis, debateis and contraversieis, to his wtter power, aganis all persone or personeis (the marques of Huntlie and his successouris onlie exceptit) ; and that in sic forme and maner as the said Allan manteinis and defendis his awin kin and freindis of Clancameroun ; prowiding the said Renalt and Allan vse the said Allane Camerouns counsell in thair actioneis forsaidis, and do thairin be his aduise, and that they attempt nor do nathing but the samen : And heirto bayth the saidis pairteis faythfullie bindis and obleissis thame and ather of thame to 204 CHARTERS AND MISCELLANEOUS WRITS [1606. wtheris, in maner abone specifeit : Lykas, for the mair securitie, they ar contentit and consent that thir presentis be insert and registrat in the buikis of Counsaill and Sessioun, thair to haif the strenth of ane confessit act and decreit of the Lordis thairof, thair auctoritie to be interponit thairto, with letteris and all execution neidfull to pas heirvpoun on ane singill charge of fyvetene dayis allanerlie : And to that effect they mak and constitute coniunctlie and seuerallie, thair laufull procuratouris : In vberiori constitutionis forma : Pro- mittentes de rate etc. In witnes quhairof, the saidis pairteis hes subscriuit thir presentis, writtin be Johne Donaldsone, notar publict, seruitour to the said Johne, with thair handis as followis, day, moneyth, zere and place forsaidis; before thir witnessis, the said Johne Grant of Frewquhye, Johne Grant of Glenmoreistoun, Duncane McMartine of Leterindeloy, Johne Grant of Garthinbeg, Johne Mc Allan, burges of Invernes, Mr William Gregour, and the said Johne Donaldsone, writtar heirof, notar publict. Jo11. Makallane, burges of Inuernes, witnes. Allan Camron of Lochze[ill]. Jhone Grant in Garthinbeg, vitnes. 178. Discharge by Donald MakAngus of Glengarrie to John Grant of Freuchie. 14th September 1606. I, Donald MakAngus of Glengarrie, be the tenour heirof grant me to haif ressauit reallie and with effect in novmerat money, at the making of thir presentis, fra the rycht honorabUl Johne Grant of Freuquhye, all and haill the sowme of tuelff scoir tua merkis guid and wsuall Scottis mone, in pairt of payment of ane greater sowme restand be the said Johne to me, be deliuerance of the samen to George Cuming, burges of Invernes, quhairof I wes addebtit to him : Of the quhilk sowme of tuelf scoir tua merkis mone forsaid, in pairt of payment as said is, I hald me weill contentit, satisfeit, and payit (renunceand the exceptioun of non- novmerat money), exoneris, quytclameis, and dischargeis the said Johne, his airis, executouris and assignayis, for me, my airis, executouris, assignayis, and all wtheris quhom [it] effeiris, of the samen for euir. In witnes quhairof, I haue subscriuit thir presentis, writtin be Johne Donaldsone, notar publict, seruitour to the said Johne, with my hand, at Culnakyill, the fourtene day of September, the zere of God jmvic and sex zereis; befoir thir witnessis, Duncane Grant of Rothemurchus, Johne Grant, Johne Calder, and the said Johne Donaldsone, seruitouris to the said Johne, and Johne Reid, my seruitour. Donald Makangus of Glengarrie. 179. Bond of Manrent by John Leslie of Kinnonowie to John Grant of Freuchie. 6th May 1607. I, Johne Leslie of Kinnonowie, for my self, my airis and successouris, and takand the burdine in and wpoun me for my haill kin, freindis, servandis, assistaris, perttakeris and 1608.] OF THE GRANTS OF GRANT. 205 dependaris, be the tenour heirof faythfullie promitt, be the fayth and treuth in our bodieis, and be thir presentis bindis and oblessis ws and our forsaidis, that in all tymeis heirefter we sail, be our selfis and our forsaidis, serve, honour, assist, plane and efauld pairt tak with the rycht honourabill Johne Grant of Frequhye, his kin, freindis, mentenentis, servandis, dependaris and assistaris, in all and quhatsumeuir his and thair honourabill and laufull affairis, actioneis and lesum adoeis, bayth ciuill and criminall ; and sail to our wtter power concur with him and thame thairin, as I and my airis and successouris and our forsaidis beis requerit thairto, or aduertest of the samen, contrair all mortall (the auctoritie onlie exceptit) : The quhilkis premissis, I the said Johne Leslie, for me and my forsaidis, faythfullie promeis to observe, keip and fulfill as is abone writtin, wpoun my honour and lawtie. In witnes quhairof I haue subscriuit thir presentis, wreattin be Johne Donaldsone, seruitour to the said Johne Grant of Freuquhye, with my hand, at Kinermoney, the sext day of Maii the zere of God jm sex hun dreth and sewin zereis, befoir thir witnessis, Mr James Grant of Edinvillie, Duncane Grant of Thombreachie, the said Johne Donaldsone and Allan Grant, seruitouris to the said Johne. Mr James Grant of Edinville, witnes. J. Lesley of Kynninuie. A. Grant, witnes. J. Donaldsone, notar publict, wreatter of the premissis, witnes, present. 180. Submission for a Decreet Arbitral between Patrick Grant of Tullochgorm and Lauchlan Grant of Wester Elchies, and others. 11th October 1608. This blenk within subscryveit is referrit and ordanit be thir presentis to be fiUit with ane decreit arbitrall be honorabill men, Patrik Grant of Rothemurchus and Patrik Grant of Balnadalloch, as iudgeis arbitratouris and amicabill compositouris, nominat, electit and chosin be Patrik Grant of Tullochgorme, takand the burdine in and wpoun him for Johne Grant in Auchloney, Duncane Grant his brother, and Robert Grant in Delnabo thair brother, on that ane part, Lauchlan Grant of Vester Elcheis and William Drumbrek of Wrtane, as iudgeis, arbitratouris and amicabill compositouris, nominat, electit and chosin be Patrik Grant of Carne takand the burdine in and vpoun him for Johne Reoch Makgowin in Auchleythnye, Alexander, Ferquhar and Johne McJonreochis, soneis to the said Johne Reoch, on that wther part ; and in cace of variance or discrepance amongis the saidis iudgeis arbitratouris, sua that they can nocht agrie in ane voce, be the rycht honorabill Johne Grant of Frewquhye as odman and oursman, equallie, neutrallie and indifferentlie nominat, electit and chosin be bayth the saidis pairteis, — to cognosce, decide and decerne anent the debetabill caussis eftermentionat, viz., anent the alledgeit wrang and iniurie, alledgeit committit and done be the saidis Johne, Duncane and Robert Grantis, brether, and the said Johne Reoch Makgowin and his soneis, ather of thame to wtheris, and pley quhilk happnit betuix the saidis Johne Grant his brether, and the said Johne Reoch and his soneis, and thair part takeris at the Kirk of 206 CHARTERS AND MISCELLANEOUS WRITS [1608. Kirkmichell in Stratbowin wpone the day of Januar, the zere of God jmvjc and zereis ; and anent the trying of the samen, and quhat satisfactioun the pairtie offendar and committer of the said iniurie, and the burdine taker for thame, sail mak and do to the pairtie offendit and greiffit ; and also anent ane finall peace, amitie and freindschipe to be concludit betuix thame in tyme cuming, and maner of the samen ; and anent all and quhatsumeuir wtheris cloigis, questiounis, and debeattis standing wndecideit and wnreconceillit betuix the saidis pairteis, and thaeis for quhom they tak burdine, for quhatsumeuir caus, deid or occasioun bygane, preceding the date heirof, conforme to the clameis of ather pairtie to be gewin thairanent quhilkis salbe haldin als sufficient as gif the samin wer speciallie ingrossit heirintill : Quhilkis iudgeis, arbitratouris and oursman forsaid presentlie acceptis the cognitioun and decisioun of the saidis debetabill materis in and wpoun thame be sub- scriueing this present designatioun : Lykas the said iudgeis arbitratouris and amicabill compositouris forsaidis sail pronunce thair finall sentence and decreit thairanent betuix the date heirof and the fourtene day of this instant moneyth of October; and in cace of wariance amongis thame, sua that they can nocht agrie in ane voce, as said is, the oursman abone specefeit sail pronunce his finale sentence and decreit arbitrall anent the premissis befoir the last day of October instant inclusiue : And housoeuir the saidis iudgeis arbitra touris and amicabill compositouris forsaidis all in ane voce, or in cace of variance amongis thame the oursman and odman abonewrittin, findis, pronunceis, and decernis anent the debetabill materis abone expremit, the saidis Patrik Grant of Tullochgorme and Patrik Grant of Carne takand the burdine in and vpone thame, as said is, faythfullie bindis and obleissis thame, thair airis, executouris and assignayis, that the saidis personeis for quhom they tak burdine, thair airis, executouris and assignayis, sail obtemper, obey, abyid at, wnderlye and fulfill the samen in all poyntis but appellatioun or reclamatioun thairfra, wnder the pane of fywe hundreth pundis vsuall Scottis money to be payit to the pairtie observear and fulfillar, or wilHng to fulfill, the said decreit arbitrall be the pairtie decernit to fulfill and nocht fulfilland and observeand the samen, or refuseand to fulfill the samen; and heirto bayth the saidis parteis compromittaris faythfullie be the tenour heirof bindis and obleissis thame and thair forsaidis ather to wtheris, in maner abone specefeit : Lykas, for the mair securitie, they ordane and ar content and consent that thir presentis, with the decreit arbitrall to be fillit on the bak heirof, be insert and registrat in the buikis of counsaill and sessioun, or commissaris buikis of Morray, thair to haif the strenth of ane confessit act and decreit of the lordis of counsaill or commissar forsaid, thair auctoritie to be interponit thairto, with letteris and executoriallis of horning, poynding or warding, the ane but preiudice of the wther, to pas heirwpoun on ane singill charge of fyvetene dayis allan erlie : And for acting and registrating heirof, they mak and constitute coniunctlie and seuerallie thair laufull procuratouris : In vberiori constitutionis forma : Promittentes de rato etc. In witnes quhairof the saidis pairteis, compromittaris, iudgeis and oursman, hes 1608.] OF THE GRANTS OF GRANT. 207 subscriuit thir presentis, wreattin be Johne Donaldsone, notar publict, seruitour to the said Johne ; lykas the saidis pairteis hes subscriueit also the blenk on the bak heirof with thair handis, at the kirk of Cromdaill, the alewint day of October, the zere of God jmvjc and aucht zereis; befoir thir witnessis, Patrik Grant of Camdell, Robert Grant of Over Conegais, Johne Stewart of Kinmachlon, Thomas Grant of Letauch and the said Johne Donaldsone, writtar heirof. Lauchlane Grant of Elcheis Patrik Grant off Rathamurchus accepis. accepttis. Patrik Grant off Balnadallache accepis. W"1 Dumbrek of Wrtan Patrik Grant of Tullochgorme. accepis. Patrik Grant of Carne. Thomas Grant, vitnes. Jhone Grant off Freuquhy acceptis. Johne Stewart off Kinmach- Patrik Grantt, witnes. loun, vitnes. Robert Grant, witnes. 181. Decreet Arbitral by John Grant of Freuchie, in a Submission between Patrick Grant of TuUochgorm and Patrick Grant of Carne. 28th October 1608. I, Johne Grant of Frewquhye, odman and oursman, equallie, neutraUie and indifferentlie nominat, electit and chosin be Patrik Grant of Tullochgorme, takand the burdine in and wpoun him for Johne Grant in Auchloney, Duncane Grant his brother, and Robert Grant in Delnabo, thair brother, on that ane pairt, and Patrik Grant of Carne, takand the burdine in and wpoun him for Johne Reoch Makgowin in Auchleythnie, Alexander Ferquhar and Johne McJonreochis, soneis to the said Johne Reoch, on that wther part, to decide and decerne in case of wariance and discrepance amongis the iudgeis arbitratouris and amicabUl com positouris within nominat, chosin for ather pairtie forsaid, anent the debetabill materis within specifeit, particularlie and generallie mentionat in the designation within wreattin as the samen beiris, haveing hard, sene and considerit the clameis and alledgeanceis of ather of the saidis pairtieis in presence of the saidis iudgeis arbitratouris, and being thairwith and with the meriteis, circumstanceis and procedingis of the debetabUl materis within expressit, ryiplie and weiU aduyseit, in respect the freindis and iudgeis arbitratouris forsaidis culd nocht agrie in ane voce, bot altogidder referrit the decisioun and cognitioun of the materis within rehearsit to my finall sentence and decreit arbitrall, haweing God and guid conscience befoir my eieis, I find, pronunce, and be the tenour heirof decerne the saidis Johne Reoch Makgowin and his saidis soneis to haue done wrang to the saidis Johne Grant in Auchloney, Duncane Grant and Robert Grant his brether, wpoun the said day of Januar, the zere of God jmvjc and zereis, at the kirk of Kirkmichell in Strathowin, be the hurting and bluid drawing of the said Johne Grant : And thairfoir, and for satisfactioun of the samen, I decerne and ordane the said Johne Reoch and his soneis, and the said Patrik Grant of Carne, burdine 208 CHARTERS AND MISCELLANEOUS WRITS [1608. taker for thame, thair airis, executouris and intromettouris with thair guidis and geir, to content, pay, and deUuer to the said Johne Grant in Auchloney, his airis, executouris or assignayis, wpoun the tent day of December nixtocum, all and haill the sowme of fourscoir pundis guid and wsuall Scottis money, within the paroche kirk of Cromdall ; and faiUeing of thankfull payment of the samen be the said Johne Reoch and his soneis, or be the said Patrik Grant of Carne, burdine taker for- thame, as said is, or ony of thame and thair forsaidis tymouslie, as said is, I decerne and ordane thame and thair forsaidis to content and pay to the said Johne Grant and his forsaidis the sowme of fourtie merkis mone forsaid, as penaltie liquidat and agreit wpoun in cace of faillie abone specefeit, and that by, attour and with the said principall sowme of four scoir pundis : For the quhilkis premissis, I decerne and ordane the saidis Patrik Grant of Tullochgorme, takand burdine in and wpoun him for the said Johne Grant in Auchloney, Duncane Grant and Robert Grant his brether, and the saidis Johne Duncane and Robert Grantis brether, for quhom burdine is takin, to dimitt, renunce, quytclame and discharge to the said Johne Reoch Makgowin and his barneis forsaidis, thair freindis, assistaris and parttakeris in the said bluid drawing of the said Johne Grant at the said kirk of Kirkmichell in Strathowin, wpoun the said day of Januar, the zere of God abone specifeit, all hatred, rancour, malice and euill will conceavit, and quhilk they and thair freindis hes and beiris toward the said Johne Reoch, his soneis and thair forsaidis, for the fact forsaid : And that the saidis Johne, Duncane and Robert Grantis, nor na wtheris in thair nameis or be thair fact and deid of thair causing, sending, hounding out, command, ressait, assistance and ratihabitioun, quhom they mey stop or lat, sail neuer at ony tyme herefter quarrell, persew, molest, inuade, trubill or accuse the said Johne Reoch and his soneis and thair forsaidis, nor nane of thame, for the said fact, ciuillie or criminallie, be law or by law, directlie or indirectlie, bot sail decist and ceas thairfra ; and sail gif and mak particular dischargeis thairvpoun in sic ampill suir and large forme as the said Johne Reoch and his barneis sail devyse, be the sicht and aduyse of men of iudgement : And finaUie, I decerne and ordane the saidis pairteis, and ather of thame, to keip, hald, interteney and continew amitie, freindschipe and sicker peace and kyndnes, in all tymeis cuming inuiolabillie and but brek, as becumis honest men, freindis and guid neychbouris, and to discharge with thair hartis all ilistis and occasioneis of trubill or hatred bygane : And this my decreit to all and sindrie quhom [it] effeiris I mak knawin and notefeit, decerning and ordaning the saidis pairteis, and ather of thame, to obtemper, obey and fulfill the samen ather to wtheris in aU poyntis : Lykas, for the mair securitie, I am content and I consent and ordane that thir presentis, with the submissioun within wreattin, be insert and registrat in the commissaris buikis of Morray, or buikis of Counsaill and Sessioun, thair to haue the strenth of ane confessit act and decreit of the lordis of counsaill or commissar forsaid, thair auctoritie to be interponit thairto, with letteris and executoriallis of horning, poynding, or warding, the ane but preiudice of the wther, to pas heirvpoun on ane singill charge of 1611.] OF THE GRANTS OF GRANT. 209 fyvetene dayis allanerlie; and for acting and registring heirof, I mak and constitute coniunctlie and seuerallie, my laufull procuratouris, in vberiori constitutionis forma ; promit- tentes de rato, etc., and generallie, etc. In witnes quhairof, I haue subscriuit thir presentis, wreattin be my seruitour Johne Donaldsone, subscriuit of befoir be the saidis pairteis compro mittaris, with my hand, at Ballachastell, the tuentie aucht day of October, the zere of God jmvjc an(j aucnt; zereis ; befoir thir witnessis, Patrik Grant of Camdell, Mr William Moffet, the said Johne Donaldsone, Robert Inglis, Allan Grant, and George Steuinsone, my seruitouris. Patrik Grant, witnes. Jhone Grant of Freuquhy. J. Donaldsone, notar publict, witnes pre- Patrik Grant of Tullochgorme, sent, and wreatter of the premissis. Patrik Grant of Carne. M. W. Moffett, witnes. Robert Inglis, witnes. 182. Bond of Manrent by Patrick Grant of Carne to John Grant of Freuchie, his chief. 8th September 1611. I, Patrik Grant of Carne, for the luif and speciali fauor I haue and beir to the rycht honorabill Johne Grant of Freuquhye, my cheif, and for the manifold plesouris and guid deidis done to me be him, and for his singular kyndnes and guid will schawin to me in all my adoeis, and in speciali for ane tak of the teynd schaweis and teynd vicarage of my landis of Mekill Inuerchebett and Culquhoiche with thair pertinentis, maid and grantit be him to me for all the dayis of my lyiftyme, as the samen of the date of thir presentis beiris ; thairfoir I, be the tenour heirof, be the fayth and treuth of my bodie, faythfullie promitt and bind and obleis me that in all tyme heirefter during all the dayis of my lyiftyme I sail, be my self, my tenentis, servandis, dependaris and assistaris, serve, honour, reuerence, assist, playne and efauld pairt tak with the said Johne, his airis and successouris, lairdis of Grant, thair tutouris and place halderis, in all and quhatsumeuir his and thair honorabill and laufull affairis and lesum adoeis, bayth ciuill and criminall ; and sail to my wtter power during all the dayis of my lyiftyme, as said is, concur and fortifie him and thame thairin, as I salbe requerit thairto or aduerteist of the samen, contrar all mortall (the auctoritie onlie exceptit ;) and sail nather heir nor sie his hurt and skayth bot [I] sail lett and impeid it to my power, and sail acquent him thairwith with als great diligence and als tymouslie as I mey ; I sail gif to him and thame my fathfull counsaill and best aduise in all sic affairis as beis to me com- municat and manifestit concerning his weill and honor ; and finaUie, I salbe leall and trew kinisman to him, and saU do my honest and faythfull deutie to him and thame in all respectis, but regaird : The quhilkis premissis I faythfullie promitt wpoun my honour and lawtie, and bind and obleis me to do, performe and fulfill to the said Johne and his forsaidis in all poyntis, wnder the pane of infamie and violatioun of fayth and honour : With this speciali provisioun, that becaus the tak abone mentionat is maid, gewin and grantit to me be the 2 D 210 CHARTERS AND MISCELLANEOUS WRITS [1611. said Johne for thir presentis, in cace it sail happin me to faillie in my faythfull service to the said Johne, as said is, or to brek deutie to him and his forsaidis in any poynt, the faillie and brek of deutie being tryit and cognosceit be Mr James Grant of Edinvillie and Johne Grant of Glenmoreistoun coniunctlie, they bayth being on lyif, or be ather of thame lewand, the wther being depairtit this present lyif, as iudgeis and arbitratouris in this poynt, quhom be thir presentis we the saidis Johne and Patrik specially elect and admitt to that effect, and gewis to thame, or ony ane of thame, power to cognosce, trye and decerne anent the said faillie or brek of deutie ; and gif it sail happin me to be decernit be thame coniunctlie, being bayth on lyif, or be ather of thame surviveand, to haue failleit and brokin deutie to the said Johne and his forsaidis, in that cace the forsaid assedatioun and letter of tak of the saidis teynd schaweis and teynd vicarage of the saidis landis of Mekill Inuerchebet and Culchoiche with the pertinentis to be thairefter and in all tyme cuming null and of nane availl, force nor effect, bot alluterlie cassit, sopit and annullit, as the samen had neuir bene : And it sail be lesum to the said Johne and his forsaidis thairefter to intromett with and wptak the teynd schaweis and teynd vicarage of the forsaidis landis with thair pertinentis, and the samen to his and thair awin vse to applye, as the said tak had neuir bene maid nor grantit, but ony proces of law or declaratour to be maid or follou in the contrair ; and in this cace, I for me, my airis, executouris and assignayis, nou as then and then as nou, renunce and dis charge the said tak, with all rycht competent to me of the saidis teynd schaveis and teynd vicarage, and no wtherweyis ; and heirto we faythfullie bind and obleis ws and our forsaidis : And for the mair securitie ar contentit and consent that thir presentis be insert and registrat in the buikis of Counsaill and Sessioun or commissaris buikis of Morray, thair to remain ad futuram rei memoriam, with all executioun neidfull to pas heirvpon in forme as effeiris ; and to that effect we mak and constitute coniunctlie and seuerallie, our laufull procuratouris, in wberiori constitutionis forma; promittentes de rato etc. In witnes quhairof, we haif subscriuit thir presentis, wreattin be Johne Donaldsone, seruitour to the said Johne, with our handis at Freuquhye, the aucht day of September, the zere of God ane thowsand sex hundreth and alleuin zereis ; befoir thir witnessis, the saidis Mr James Grant of Edinvillie, Johne Grant of Glenmoreistoun, Johne Donaldsone and George Abercrumbie, my seruitouris. J. Donaldsone, notar publict, Patrik Grant of Carne. wreatter of the premissis, Mr James Grant of Edinville, witnes, present. witnes, present. Jhone Grant of Glenmoristtoun, witnes. George Abercrombye, witnes. 183. Contract between Patrick Grant of Balnadalloch and Patrick Grant of Carron, for mutual friendship between their families. 8th January 1613. At Elgyne, the aucht day of Januar, the zeir of God ane thowsand sax hundrithe and threttein zeiris, it is appoyntit, contractit, fayithfullie obleisit and mutuallie endit and agriet 1613.] OF THE GRANTS OF GRANT. 211 betuix the richt honorabUi perties wndirwrettin, wiz., Patrik Grant of Balnadallache on the ane pairt, and Patrik Grant of Carone on the vther pairt, in maner, forme, and effect following: That is to say, forsamekiU as thair was ane contract and appoyntment maid, subscrywit and endit betuix wmquhill Patrik Grant of Balnadallache, takand the burding in and vpone him for certane personis, his freindis, thairin contenit, on the ane pairt, and wmquhUl Johne Grant of Carone, and wmquhill Johne Grant, his sone, guidschir and father to the said Patrik Grant now of Carone, takand the burding in and vpone thame for certane personis, thair frendis, mentionat in the said contract ; quhilk contract was maid and sub scrywit and perfyttit, for intertineing of peace, amitie, loiff and frenschip to stand in all tymes cuming betuix the hous of Balnadallache, kin and freindis thairof, and the hous of Carone, kin and frendis of the samyn ; in the quhilk contract thair is set downe certane penulties for keiping of peace, as the samyn of the dait at Balnadallache, the tuantie fourt day of Marche, in the zeir of God jm fyve hundrithe four scoir and fyve zeiris, at mair lenth proportis : Quhilk contract, with all substances thairin contenit, with all that hes foUowit or may follow thairvpone, the forsaidis parties for thame, thair airis and successouris, dischargis, and ar contentit and consentis that the samyn be sopit, casit, and distroyit and annullit, and nawir to resawe faith quhaireuer the samyn sal be producit in ony tyme heirefter ; and dischargis all and quhatsumewir vther bandis, contractis or securities quhat sumewir maid betuix wmquhil Patrik Grant of Balnadallache and the saidis wmquhillis Johnes Grantis of Carone, guidschir and father to the said Patrik Grant, now of Carone, for in[ter]teneing of peace and amitie betuix the saidis personis and thair houssis, and penulties thairin contenit, with all thair strenth, force and effect, of quhatsumewir dait or daitis the samyn be, preceiding the dait of the said contract maid betuix the saidis pairties, of the dait at the Boit of Phonas, the fourt day of Februar, the zeir of God jmvjc and aucht zeiris : And that in respect the said Patrik Grant, now of BaUnadaUache, and Patrik Grant now of Carone, than as now and now as than, being of guid mynd and intentione to leiff cheretablie and amiabillie, freindlie and peaceablie, in tyme cuming, for interteneing of frendschip in respect of proximitie of bluid standand betuix thame; thairfoir to be bund and obleist, and be the tennour heirof, be the faith and trewth of thair bodies, bindis and obleissis thame and thair airis linialie descending of thame and joysing thair principall lewingis, ewerie ane of thame hinc inde to vtheris, to leiff freindlie and amiabillie togither in all tyme cuming, during thair awin lyftymes, and efter thair lyftymes to extend to thair speciali airis bruiking thair speciali dwellingis and rentis ; and that nather they thameselfis nor thair forsaidis airis, nor thair men, tennentis nor serwandis dwelling on thair landis, quhom the lawis of this realme will mak thame ansuerabill for, sail nawir inwaid, trubill, molest, persew vtheris nor thair forsaidis airis, tennentis nor serwandis befoir exprimitt, na maner of way, wiolentlie nor inderectlie : And gif it sal hapin (quhilk God forbid that ewir it befall) that this mutuall band be brokin or wiolattit be ather of the saidis pairties or thair forsaidis airis, men, 212 CHARTERS AND MISCELLANEOUS WRITS [1613. tennentis, or serwandis befoir speciallie exprimitt, to vtheris, and the samyn being sufficientlie tryit to be brokin be the richt honorabill Johne Grant of Freuquhy as onlie iudge electit and chosin be baith the saidis pairties, to quhome they be the tennour heirof allanerlie submittis thameselfis in this caice, during the said Johne Grant of Freuquhy his lyftyme allanerlie, in that caice, the pairtie braker or wiolatter off this present band or contract being tryit and sufficientlie qualifiet to haif brokin the samyn, faithfullie bindis and oblissis thame and thair airis abone mentionat, to content, pay and delyuer to the pairtie offendit and injurit the sowme of twa thowsand pundis money of this realme of Scotland, tocies quocies, in pairt or haill, conform to the qualitie of the offence and brek, in sic forme as they sal be decernit be the said Johne Grant of Freuquhy, iudge chosin, as said is, to haue wiolattit the band abone wrettin, efter iust tryall and probatioune haid thairof as of iustice accordis : Prowyding alwayis, that this mutuall band be nawayis extenditt to thair men, tennentis or serwandis, being druickin or aillhous tulzies and suddanties, bot sic as ar done of set purpois and forthocht fellonie, and thais sudanties and aillhous tulzies to be riguruslie punischeit be baith of thair adwyses, as accordis of the law ; and in doing thairof, this mutuall band navayis to be brokin, nochtwithstanding of the premis : And baith the saidis pairties admittis the said Johne Grant of Freuquhy as onlie iudge to the wrangis and mitigatione of the penulties set done in this present contract, and payment thairof : Prowyding alwayis that efter deceis of the said Johne Grant of Freuquhy, this present contract being nawayis preiudiciall to the contract and appoyntment maid and endit betuix the saidis pairties, of the dait at the Boit of Phonas, the fourt day of Februar, the zeir of God ane thowsand sax hundrith and aucht zeiris, and haill conditionis thairin mentionat : As lykwayis baith the saidis parties, be the tennour heirof, faithfullie promittis to vtheris and straitlie obleis thame and thair forsaidis, that nane of thame sail tak nor persew vtheris kyndlie posses sionis, sic as can be iustlie cognost to be thair kindlie possessionis, but speciali adwyse, leif and licence gewin and grantit be wrett to wtheris : And for the mair perfyte surar appeirance and fuller grond of amitie, baith the saidis pairties dischargis vtheris hinc inde of all actionis, criminall or ciwill, competent to thame or ather of thame be deceis of thair guidschiris, fatheris, or be thameselfis to vtheris, for quhatsumewir caus or actioune, and of all letteris of lauborrovis execute be ather of thame againis wtheris, actis of cautionarie and actioneis of contraventione competent to ather of thame against wtheris preceding thir presentis, bandis, obligationis, writtis, contractis or vtheris pretendit richtis preceding the dait heirof ; exceptand alwayis the contract maid betuix the said Patrik Grant of Balnadallache and wmquhill Johne Grant of Carone anent the marching of thair landis quhairvpone this dis charge sail navay extend ; but preiudice alwayis of the contract abone writtin, eftir deceis of the said Johne Grant of Freuquhy, of the forsaid dait at Phonas the said fourt day of Februar, the zeir of God jmvjc and aucht zeiris ; quhilk contract, haill strenth and effect thairof, and all executioun thairwpoun, sail ceas during the lyiftyme of the said Johne 1613.] OF THE GRANTS OF GRANT. 213 allanerlie, befoir ony wther iudge : And promittis faythfulHe, be the faith and trewth in thair bodies and vnder the panis of periurie and defamatioun, to leiff amiabillie and cheritabillie but ony grudge or hid malis with vtheris, in all tymes cuming, but ony brek priwalie nor oppinlie to be downe or meanit to vtheris or aganis vtheris, and thair forsaidis, in all tymes cuming, but fraud or gyll : And for suir obserwing heirof, baith the saidis pairties, for thame selfis and thair forsaidis airis, ar content and consentis that the samyn be insert and registrat in the buikis of Sessione and Counsall, thair to stand as ane confessit act and iudiciall decreit, with executoriallis of horning and poynding and warding, the ane but preiudice of the vther, to pas vpone ane simple charge of ten dayis allanerlie ; and to that effect constitute and ordanis honorabill men and ilk ane of thame our procuratouris, to compeir befoir the saidis lordis of counsall, and consent to the registratioune heirof, in vberiori consti- tutionis forma ; promittentes de rato. In witnes quhairof, baith the saidis pairties hes subscryuit thir presentis, wrettin be Johne Sutherland, sone laufull to Alexander Sutherland burges of Elgin, vith thair proper handis, day, zeir, moneth and place forsaid ; befoir thir witnesses, Mr James Grant of Edinbillie, Lauchlan Grant of Elcheis, Gregor Grant in Garthynemoir, Thomas Grant of HUtoun, and Johne Donaldsone, notar publict. Patrik Grant off Balnadallache. Lachlane Grantt, witnes. Patrik Grant of Carne. Gregour Grant, witnes. Thomas Grant vitnes. J. Donaldsone, notar publict, wreatter of the Mr James Grantt of Edinbille, witnes. witnessis nameis, witnes present. 184. Commission by David Lord Scone and James Campbell of Lawers to the Laird of Grant, to intercommune with the Clan Gregor. 17th April 1613. Be it kend till all men be thir present letteris, ws, Dauid lord of Skone and Jeames Campbell of Laueris, wnderstanding that ane nobell and potent lord, Archibald Erie of Argyll, his Maiesteis lyuetennent against the Clangregour, is for the present out of this his Maiesteis kingdome of Scotland, and in regeard the laird of Grant hes testefeid vnto ws, in the said nobell lordis absens, his willingnes to do his Maiestie and the said nobell lord good seruice against the said Clangregour ; thairfore, we be the tennour heirof, and in name and behalf of the said nobell lord, giues full power and commissioun to the said laird of Grant, and to the number of ten personis quhome he sail thinke most fitting, to meit and intercomone with any of the said Clangregor now his Maiesteis rebels, at any tyme, and quhair the said laird of Grant sail thinke expedient ; and bindis and oblissis ws, that from the day and deat heirof vntill the tuentie of Jun nixtocum, we sail warrant and skeathles keipe the said lord of Grant and the saidis ten personis — they heaving the said laird of 214 CHARTERS AND MISCELLANEOUS WRITS [1613. Grantis warrant for thair imployment be him, — off all danger or inconuenient he or they might haue incurrit for not obseruing his Maiesteis lauis and proclamatioun maid in the contrar. In witnes quhairof, we haue subscryuit thir presentis, at Pearth, the sewintene day of Apryll, the zeir of God jmvj° and threttene zeiris ; before thir witnessis, Williame Maister of Tulli- bardine, and Archibald Campbell of Glenkaredell. A. Campbell of Glenkaredell. D. L. Scone. W. Mr Tullibardine, vittnes. James Campbell off Lawiris. 185. Precept for a Remission to John Grant of Freuchie and his surname of certain penalties incurred by them, etc. 1613. Oure Souerane Lord ordanes ane letter to be maid vnder his Hienes priuie seUl in dew forme, makand mentioun that his maiestie haifing consideratioun of the guid, trew and thankfull seruice done be his Hienes louit Johnne Grant of Freuquhie, alsueill in his Maiesties priuat and particular effairis as in the commoun and publict effairis of the realme of Scotland, notourlie knawin and tryit be his Hienes to haif bene verrie proffitabill to his Maiestie and to the commoun weiU of the said realme and leigis thairof, and of the extraordiner panes and travellis takin be the said Johnne Grant, be himself and be his haill surname, kyn and freindis, and vthers his vassellis and dependeris, at his hienes speciali command and direc- tioun, in suppressing of the surname and clan of McGregour and vther rebelHous disordourit and broken Hieland men, and in taking and apprehending of that notorious and rebellious Hieland man, Allester McAllester McGregour, ane of the speciallis of the said clan of M°Gregour, and quhairin he hes sustenit grit charges and expenssis, and has ressauit na recompence thairof : Thairfoir our said Souerane Lord, with auyse and consent of his Hienes trustie and weilbelouit counsalour, Sir Gedeon Murray of Elibank, knycht, thesaurar, comp troller and collectour of the kingdome of Scotland, depute be his Maiestie, and of the lordis of his Hienes secreit counsall of the samyn kingdome, his Hienes commissioneris, hes remittit, discharget, and forgevin, and be the tennour of the said letter remittis, discharges, and simpliciter forgevis to the said Johnne Grant of Freuquhie, Patrik Grant of Ballindolloch and to all vtheris of the surname of Grant, and to thair kynsmen, vassellis, men, tennentis, and servandis, all and sindrie sowmes of money, panes, penalties, fynes and vnlawis quhat sumeuir incurrit be thame or ony of thame, for thair nocht compeirance befoir the saidis lordis of his Hienes secreit counsall of the said kingdome of Scotland, or for nocht entering and presenting befoir thame, or befoir his Hienes iustice and his deputtis, of quhatsumeuir persone or persones for quhome thay ar haldin to ansuer, be vertew of the generall band and actis of parliament maid in the zeiris of God jmvc four scoir sevin and four scoir fourtene zeiris ; or zit for ressett, supplie or intercommoning with ony of the said clan of McGregour 1614.] OF THE GRANTS OF GRANT. 215 or vther rebellious broken Hieland man quhatsumeuir in ony tyme bygane ; or for quhat sumeuir vther cause bypast preceiding the dait heirof, or quhairin they, or ony of thame, ar convictt and fyneit be the saidis lordis of his Hienes priuie counsall in ony tyme bygane : Renunceand and simpliciter dischargeand the samyn, with all actis, decreitis and sentences gevin and pronuncit thairanent, and all letteris following thairvpoun, haill effectis and contentis of the samyn, be thir presenttis for euir : Dischargeing heirby his Hienes thesaurer and donatouris quhatsumeuir and thair officeris of all calling, accusing, persewing, chargeing, or onywayes trubling or molesting of the foimamit persones and thair foirsaidis for payment making to thame of the samyn sowmes of money, fynes and vnlawis, or ony pairt thairof, in ony tyme heirefter ; and that the said letter be forder extendit in dew forme, with all claussis neidfull. Gevin at the day of the zeir of God jmvjc and threttene zeiris. 186. Remission to John Roy McGregor for the apprehension of Alexander McAllester McGreg or. 1 5 th January 1614. Jacobus Dei gratia Magne Britannie, Francie et Hybernie Rex, fideique defensor, omnibus probis hominibus suis ad quos presentes litere peruenerint, salutem. Sciatis nos, ex nostris gratia et misericordia specialibus, remisisse, tenoreque presentium remittere dilecto nostro Joanni Roy McGregour, filio Duncani McEane Thome M°Gregour, rancorem animi nostri, sectam regiam ac omnem actionem seu causam quas erga ipsum concepimus, habuimus, habemus, seu quouismodo concipere vel habere poterimus, pro apprehensione Alexandri M°AUester McGregour, ac pro omnibus actione et crimine, ciuili aut criminaH, que desuper sequi aut dicto Joanni Roy quouismodo inde imputari poterint ; necnon pro omnibus aliis criminibus, transgressionibus et noxiis, per dictum Joannem Roy McGregour, aliquo tempore preterite diem date presentium precedente, perpetratis aut commissis ; ac pro omnibus actionibus, ciuilibus vel criminalibus, que desuper sequi poterint : Dummodo partibus conque rentibus et damna passis taliter satisfaciat vt nullam super hoc de cetero justam querimoniam audiamus : Et supradictum Joannem Roy McGregour, sub firma pace et protectione nostra juste suscipientes firmiter inhibemus ne quis ei occasione predicta malum, molestiam, injuriam aut grauamen aliquod inferre presumat injuste, super plenariam nostram forisfacturam, aut mortem illi inferat, sub pena amissionis vite et membrorum. In cuius rei testimonium has literas nostras remissionis, pro toto tempore vite dicti Joannis Roy M°Gregour duraturas, sub nostro magno sigillo sibi fieri fecimus patentes ; apud Roystoun, decimo quinto die mensis Januarii, anno Domini miliesimo sexcentesimo decimo quarto, et regni nostri quadragesimo septimo et vndecimo. Dorso : Presented and sealled at Edinburgh, 23 Februarii 1615. — J. Raithe. Writtin to the great seall, 23 Februarii 1615. — J. Scott. 216 CHARTERS AND MISCELLANEOUS WRITS [1620. 187. Commission by Alexander Forbes, Commissioner for trying Gipsies, appointing John Grant of Freuchie and Sir John Grant of Mulben his son, his depute commis sioners. 26th May 1620. Be it kend till all men be thir present letteris, me, Alexander Forbes, seruitour to my lord duik of Lennox, etc., commissionar speciallie appoyntit be his Maiestie and lordis of Secreit Counsaill to trye and puneis all ressettaris, supplearis and helparis of thaes idill and wagabund peopill callit Egiptianeis, within the realme of Scotland, haweing power thairby to compone, transact and agrie with all personeis giltie of the said cryme, for the eas of our souerane lordis liegeis, the men, tenentis, serwandis, kinismen and dependaris of Johne Grant of Freuquhye and Sir Johne Grant of Mulben, knycht, his sone, and for saiffing of thame from great and exorbitant trawellis, paneis and chargeis, and for diuers and sindrie wtheris guid respectis and consideratiounis moveing me, on the behalf of the saidis Johne Grant of Freuquhye and his said sone, and thair forsaidis : Witt ye me, thairfoir, to hawe maid, con stitute, creat and ordanit, lykas be thir presentis I mak, constitute, creat and ordain the saidis Johne Grant of Freuquhye and Sir Johne Grant of Mulben, knycht, his sone, coniunctlie and seuerallie, my comissionaris deputeis in that pairt : Gewand, grantand and committand to thame and ilkane of thame, coniunctlie and seuerallie, as said is, my werray full frie plane power, expres bidding and charge and commissioun, for me, in my name and wpone my behalf, court or courtis of justiciarie for resset, supplie, help and intertenement giffin to the saidis vagabund Egiptianeis wpone anie landis and heretageis pertening to the saidis Johne Grant of Freuquhye and Sir Johne Grant of Mulben his sone, thair kin, freindis and dependaris, quhaheuir the samen lye within the realme, to hald, affix, afferme, and continew ; and to creat, mak and caus be suorne all memberis of court necessar, for quhom they salbe ansuer abill ; and with power to thame and ilkane of thame, coniunctlie and seuerallie, to caus summon, call, convene and persew all and sindrie personeis, of quhatsumeuir degrie and qualitie, duelland wpone and within quhatsumeuir boundis pertening to the saidis Johne Grant of Freuquhye and his sone, and thair kin, freindis and dependaris, treulie giltie of resset, supplie, intertenement and help of the saidis idill wagabundis ; and to trye, examine and fyne thame, conform to thair demeriteis, according to reasone, conscience and justice ; and the fyneis and benefiteis of the saidis gUtie personeis to uptak and intromett with, and the samen to thair awin wse and commoditie to applye and bestow : And to that effect, and for tryeing of the saidis personeis, ressettaris, supplearis, and intertenearis of the saidis idill peopill, assyissis and inqueistis to caus be summonit and suorne; and generallie, all and sindrie wtheris thingis concerning the weUl of the premissis to do, wse and exerce als frielie, in all respectis and in siclyk forme and maner as I mocht hawe done myself befoir the making heirof: Ferme and stabill, etc. And with power and commissioun also to the saidis Johne Grant of 1620.] OF THE GRANTS OF GRANT. 217 Freuquhye and Sir Johne his sone, coniunctlie and seuerallie, to compone, transact and agrie with all giltie personeis of the said cryme duelland within the saidis boundis ; and to gif, mak, subscriue and deliuer dischargeis and remittis to thame for the same, quhilkis salbe als sufficient as my awin : Obleissand, lykas I be thir presentis faythfullie bind and obleis me and my airis, successouris and intromettouris with my guidis, geir, landis and rentis, to warrand this my commissioun abonewrittin to the saidis Johne Grant of Freuquhye and Sir Johne his sone, coniunctlie and seueraUie, to be guid, valide and sufficient to the effect abonewrittin and concerning the premissis aganis all mortall : Lykas I bind and obleis me and my forsaidis to purches, obtene and deliuer to thame, or onie of thame, the ratificatioun, approbatioun and allowance of the rycht nobill and michtie lord, Johne erll of Mar, etc., lord heich thesaurar of Scotland, to thir presentis ; as also sail report, obtene and deliuer sufficient commissiounis and dischargeis to the said Johne Grant of Freuquhye, past and exped in dew forme wnder his Majesties great seill, and to his sone, and to all wtheris personeis giltie of the said cryme, and to be fynit be thame thairfoir, be wertue of this my commissioun, wpone my awin chargeis and expenssis ; and to deliuer the samen to the saidis Johne or Sir Johne, or ather of thame, betuix the dait heirof and the twenty fourt day of Julii nixtocum : Quhairin gif it sail happin me or my forsaidis to faillie, I bind and obleiss me and my forsaidis to content and pay to the said Johne Grant of Freuquhye, his airis or assignayis, the sowme of thrie thowsand merkis guid and wsuall Scottis money, as liquidat sowme for expenssis, dampnege and interes to be sustenit be him and his said sone and thair forsaidis thairthrow : And for the mair securitie, I am contentit, and I consent that thir presentis be insert and registrat in the buikis of Counsaill and Sessioun, and hawe the strenth of ane decreit of the lordis thairof, that letteris and executorialHs of horning and poynding may follow heirwpone on ane singill charge of ten dayis allanerlie ; and for acting and registring heirof I mak and constitute coniunctlie and seuerallie, my laufull procuratouris, in vberiore constitutionis forma ; promit- tentes de rato, etc. In witnes quhairof, I haif subscriueit thir presentis, wreattin be Johne Donaldsone, notar publict, with my hand, at Lethin, the twentie sext day of Maii, the zeir of God jmvic and twentie zereis, befoir thir witnessis, William Sutherland of Duffus, James Sutherland of Kinstarie, James Ruthurfuird, provest of Elgin, and the said Johne Donaldsone, wreatter heirof. W. Sutherland off Duffus, wittnes. A. Forbes, uith my hand. James Sutherland of Kinsterye, wittnes. James Ruthurfuird, witnes. J. Donaldsone, notar publict, wreatter of the premissis, witnes. 2 E 218 CHARTERS AND MISCELLANEOUS WRITS [1621. 188. Heads of an Agreement between John Grant of Freuchie and John Grant of Rothiemurchus, with reference to the provisions in the contract of marriage of the latter. 13th April 1621. Headis and conditiounis commonit and agrieit wpone betuix the richt honorabill Johne Grant of Freuquhye, on that ane pairt, and Johne Grant of Rothemurchus, on that wther pairt, as followis : In the first, seing the said Johne Grant of Rothemurchus is, be con tract matrimoniall maid and endit betuix wmquhill Mr Thomas Dunbar, dene of Morray, for himself and takand the burdine on him for Margarat Dunbar his laufull dochter, on that ane pairt, and the said Johne, on that wther pairt, to infeft the said Margarat Dunbar now his spous, in lyverent for all the dayis of hir lyiftyme, in aU and haill the landis and baronie of Rothiemurchus, with the pertinentis, or in the landis of Over Fynlarge alias callit Mucroche, with the mUl of Fenrachie and croft thairof, in the optioun of the said Margarat, as the said contract beiris ; to the effect the said Johne Grant of Rothemurchus mey the better do the samen, the said Johne Grant of Freuquhye, superiour to the said Johne Grant of Rothe murchus, be thir presentis bindis and obleissis him to enter and admit the said Johne Grant of Rothemurchus, as air maill to wmquhill Duncane Grant apperand of Rothemurchus his brother, or to Patrik Grant of Rothemurchus thair father, in the will and optioun of the said Johne Grant of Rothemurchus, in all and sindrie the landis of Rothemurchus and Over Fynlarge alias Mucroche, with the mUHs of Rothemurchus and Fenrachie and croftis thairof, and thair pertinentis, and in all and sindrie the landis of Bellinespick and Ardinche ; and sail deliuer to the said Johne ane precept of seasing, be way of clare constat, of aU and sindrie the saidis landis and wtheris, to the effect the said Johne, as air maill forsaid, mey tak state, seasing and possessioun thairof, conform to the tenour of the originaH infeftmentis grantit to the saidis wmquhill Patrik Grant of Rothemurchus and Duncane Grant, apperand thereof : As lyikueyis the said Johne Grant of Freuquhye, superiour forsaid, sail conforme and ratifie the infeftmentis, richtis and securiteis to be maid be the said Johne Grant of Rothemurchus to the said Margarat Dunbar, wpone ather of the saidis landis, and sail subscriue and deliuer his ordinar confirmatioun thairon, in forme as effeiris : As also the said Johne Grant of Freuquhye sail sett in tak and assedatioun to the said Johne Grant of Rothemurchus, and to the said Margarat Dunbar, incace sche be infeft in the saidis landis of Mucroche, all and sindrie the teynd shaweis and teynd vicarage of all and haill the forsaidis landis of Over Fynlarg, alias callit Mucroche, and croft of Fenrachie, pairtis, pendicleis, outseattis and pertinentis thairof, in lyverent, for all the dayis of the said Johne his lyiftyme, and of the said Margarat hir lyiftyme, in cace forsaid, for zeirlie payment of the sowme of sex pundis wsuall Scottis monie of teynd siluer, and of tuelf pundis monie forsaid of teynd vicarage siluer, at the termes of payment respectiue wsit and wount ; with warrandice fra the said Johne Grant of Freuquhyeis awin deid allanerlie : As also the said Johne Grant of Freuquhye 1621.] OP THE GRANTS OF GRANT. 219 sail discharge the said Johne Grant of Rothemurchus of all bygane feudeutieis of the saidis landis of Rothemurchus and Mucroche, of the crope and zere of God jm sex hundreth and tuentie zereis, and of aU zereis and termeis bygane preceding the date heirof : As also, sail discharge the said Johne of all maillis, customeis and deutieis addebtit be himself or be the said wmquhill Patrik his father for the landis of the thre auchten partis of Mid Fynlarge callit Ochcork, landis of Forrechinie and croft of toun of Drummeilzie of all zereis and termeis bygane, and of all teynd siluer and teynd vicarage siluer restand of the saidis landis of Rothemurchus and Mucroch and their pertinentis, of all zereis and termeis bypast, and of all taxatiounis bygane preceding the date heirof; and of all wtheris actiounis and questiounis competent to the said Johne Grant of Freuquhye contrair the said Johne Grant of Rothe murchus, or be the said wmquhill Patrik his father, for onie restis, debtis or sowmeis of monie restand be the said Johne Grant of Rothemurchus to the said Johne Grant of Freuquhye for quhatsumeuir caus bygane preceding the date heirof; quhairwpoun [he] sail gif particular acquittanceis and dischargeis in ampiU forme : For the quhUkis premissis the said Johne Grant of Rothemurchus, be thir presentis, bindis and obleissis him, his airis and intromettouris with his guidis and geir, to content and pay to the said Johne Grant of Freuquhye, his airis or assignayis, all and haill the sowme of tua thowsand merkis wsuall Scottis money, befoir the feast and terme of Whitsonday nixtocum in this instant zere of God jm sex hundreth tuentie and ane zereis ; with the sowme of four hundreth merkis money forsaid for liquidat expenssis, in cace of nocht tymous payment of the saidis tua thowsand merkis as said is : And siclyk, the said Johne Grant of Rothemurchus sail discharge and renunce to the said Johne Grant of Freuquhye all bandis, obligatiounis, infeftmentis and wtheris competent to him, onie way maid be the said Johne Grant of Frequhye to the said wmquhill Patrik Grant of Rothemurchus, his airis or assignayis, and all sowmeis of money, debtis and wtheris quhatsum euir restand be the said Johne Grant of Frequhye to the said Johne Grant of Rothemurchus be quhatsumeuir way or for quhatsumeuir caus, deid, or occasioun bygane preceding the date heirof : QuhUkis premissis and euerie particular heid, claus, and conditioun heirin con tenit abonewrittin, the saidis pairteis be thir presentis bindis and obleissis thame, thair airis, executouris and assignayis to obserwe, performe, obey and fulfill, ather to wtheris, in maner as is abone set doun : And for the mair securitie, they ar contentit, and they consent that thir presentis be insert and registrat in the buikis of Counsall and Sessioun, and hawe the strenth of ane decreit of the lordis thairof, thair auctoritie to be interponit heirto, with letteris and executoriallis of horning, poynding, or warding, the ane but preiudice of the wther, to pas heirvpone on ane singUl charge of fyvetene dayis allanerlie ; and for acting and registring heirof, they mak and constitute coniunctlie and seuerallie, thair laufull procuratouris, in vberiore constitutionis forma ; promittentes de rato ; and generallie, etc. In witnes quhairof, the saidis partieis hes subscryuit thir presentis, wreattin be Johne Donaldsone, notar publict, with thair handis, at Lethin, the thrattene day of Aprill, the zere of God jm 220 CHARTERS AND MISCELLANEOUS WRITS [1622. sex hundreth tuentie ane zereis ; befoir thir witnessis, ane nobill and potent lord, Walter lord of Deskford, Sir Johne Grant of Mulben, knicht, Mr James Grant of Logie, Robert Dunbar of Burgie, Alexander Dunbar of Westgrange, and the said Johne Donaldsone, wreatter heirof. Deskfoord, vittnes. Jhone Grant of Freuquhy. S. J. Grant, wittnes. Johne Grant of Rothemurchus. R. D. Bourge, vitnes presentt. Mr James Grant of Logie, witnes. A. Dumbar, witnes. J. Donaldsone, notar publict, wreatter of the premissis, witnes. 189. Licence by the Privy Council to Sir John Grant of Freuchie and others to intercommune with Allan M°Eanduy of Lochaber. 17th December 1622. Apud Edinburgh, decimo septimo die mensis Decembris, anno Domini miliesimo sexcentesimo vigesimo secundo. Forsamekle as althocht it hes pleasit the Kingis Maiestie, with aduise of the lordis of his secreit counsell, to grant ane commissioun to Sir Johne Grant of Frewchie and to some otheris persones nominat thairintill, for persute of Allane M°Eanduy of Lochquhaber, in maner specefeit in the said commissioun; yitt, his Maiestie, out of his naturall inclinatioun and dispositioun of clemencie and mercy being weele pleased that the said Allan salbe delt with to rander his obedience to his Maiestie, and to gif contentment and satisfactioun to his Maiesties subiectis interest be him afoir the terme appoyntit for begining of the seruice and prosequtioun of the said commissioun : Thairfoir, the saidis lordis gevis and grantis Hcence, be thir presentis, to the said Sir Johne Grant, and to Williame Sutherland of Duffus, Sir Mungo Murray of Drumcairne, Patrik Grant of Ballindallache, Johne Grant of Glenmores- toune, Patrik Gibsoun of Schirefmilne, Mr Donnald Campbell of Parbrek, Duncane Grant in Allane Grant in Lattoche, Patrik Grant of Elcheis, Robert Grant of Lurg, Allane McClayne of Ardgour, and Johne Donnaldsone seruitor to the said Sir Johne Grant, or ony one of thame, to confer and intercommoun with the said Allane for reduceing of him to his Maiesteis obedience, and geving contentment and satisfactioun to the laird of McIntoshe in suche materis wherin he is interest be him ; and that at all tymes and occasiouns vntUl the first day of Maii nix to come, without pane or danger to be incurrit be thame thairthrow in thair persones or guidis, notwithstanding quhatsomeuir actis or proclamatiouns maid in the contrair, wheranent and all panes contenit thairintill the saidis lordis dispenssis be thir presentis vntill the said first day of Maii nix to come : Prouyding alwayis that they dale not with him in the particulair of MTntoshes till first they deale with him for reducing of him to his Maiesteis obedience, and that they saitle not with him in the mater of McIntoshes 1623.] OF THE GRANTS OF GRANT. 221 vnles he gif his obedience to his Maiestie and his counsell. Extractum de libris actoram secreti consulii S. D. N. Regis per me Jacobum Prymrois clericum eiusdem, sub meis signo et subscriptione manualibus. Jacobus Prymrois. 190. Note of the Ages of the Children of Lady Lilias Murray, Lady Grant of Grant. The original is holograph of her Ladyship. 1622. My bairnes eiges. Item, first, the Lady Makintoche is xxviii zeris avid at thes Michellmes in vi° and xxij zeris. Next my sone vos borne the xvij of Agust in ane thovsand viciiijxxvj zeris [1596], and is nov at thes Lames by past in vi° and xxii zeris, xxvj zeris. The Lady Dvffes is at thes Michellmess xxv zeris. Lillias is xxiiij zeris cvm Andersmes in thes zeir vi° and xxiij zeris. Kathrein is xviij zeris cvm Candillmess in vi° and xxiij zeris. Nota. — VilHam Makintoche, sone to Makintoche, vas borne in Forres on Thvrsday the xxv of Febrewar in vic and xiij zeris, and is x zeris avid cvm Fastrinis Ewin in vjc and xxiij zeris. Notta. — James Grant, sone to my sone, is vj zeris avid att Medsvmer in vic and xxij zeris. Notta. — Makintoche departted this lyf on Vodnesday the xix of Junii vic and xxij. Notta. — The Laird departted thes lyf on Fryday the xx of September vic and xxij zeris. 191. Retour of Sir John Grant of Mulben, knight, as heir of John Grant of Freuchie, his father, in the lands and barony of Lethin. 19th February 1623. HjEC Inquisitio facta fuit in pretorio burgi de Name, decimo nono die mensis Februarii, anno Domini miliesimo sexcentesimo vigesimo tertio, coram honorabili viro Jacobo Dumbar de Bothe, vicecomite deputato honorabilis viri domini Joannis Campbell de Calder, mUitis, vicecomitis principalis vicecomitatus de Name, in curia fensata, per hos probos et fideles homines patrie subscriptos ; videlicet, Willelmum Sutherland de Duffus, Hugonem Ros de Kilrauok, Joannem Dumbar de Moynes, Davidem Hay de Lochloy, Jacobum Sutherland de Kinsterie, Patricium Grant de Balnadalloch, Joannem Grant de Glenmoristoune, Willielmum Ros de Slines, Patricium Grant de Eister Elcheis, Alexandrum Kynnaird apparentem de Cubin, Jacobum Dumbar de Penik, Patricium Gibsoune de Schirrefmylne, Willelmum Dollas de Budzet, Gulielmum Hay de Kirktoune, Joannem Hay de Kynnowdie, magistrum Willelmum Campbell de Geddas, Lauchlanum Grant de Westir Elcheis, Lauchlanum M°Intosche de Gask, Joannem Tulloch, burgensem de Nairne : Qui jurati dicunt, quod quondam Joannes Grant de Frewquhy, pater domini Joannis Grant de Mulben, militis, 222 CHARTERS AND MISCELLANEOUS WRITS [1623. latoris presentium, obiit vltimo vestitus et sasitus vt de feodo, ad pacem et fidem supremi domini nostri Regis, in totis et integris terris et baronia de Lethin, in eadem comprehendente terras dominicales lie maynis de Lethin, cum turre et fortalicio, manerie, domibus, hortis et edificns earundem, molendinum de Lethin cum terris molendinariis et multuris ejusdem, terras de Ar, terras de Lethinbar, Mylnetoune, Newtoune, Achavelgyne, Littillslynis, Auch- moir, Dounerne, cum molendino, terris molendinariis et multuris earundem, LittUl Dulceis, Mekill Dulceis, Drumlochanelyne, Tomlachlane, Colindoune ; cum communia et pastura in moris et marresiis lie Braidschaw nuncupatis ; cum salmonum piscariis super integra aqua de Findorne, tam lie pottis et puUHs earundem vocatis Dowpuill, Cowpuill, Polgragane, Puil Cragence, Puil Nicoll, Puill Inche, Puilschot, Puilnes, Puilquhymmane ; acetiam super integris residuis dicte aque de Findorne partibus, et lie puillis et pottis ejusdem, in et ex vtraque parte et latere dicte aque ; vnacum omnibus et singulis castris, turribus, fortaliciis, maneriebus, domibus, edificiis, hortis, pomariis, columbariis lie outsettis, toftis, croftis, sUvis, forrestis, molendinis, multuris, piscationibus tam in aquis salsis quam dulcibus, tam salmonum piscariis quam aliis piscariis, outsettis, dependentiis, cottagiis, annexis, connexis, tenentibus, tenandriis et Hberetenentium servitiis omnium et singularum prenominatarum terrarum et baronie de Lethin cum suis pertinentiis ; jacentibus infra vicecomitatum de Nairne, erectis, vnitis et incorporatis in vnam integram et liberam baroniam nunc et omni tempore futuro Baroniam de Lethin nuncupandam, cum libera forresta infra omnes bondas ejusdem : Et quod vnica sasina apud principale messuagium de Lethin capienda stabit et sufficiens erit sasina pro omnibus et singulis prenominatis terris et baronia continente et comprehendente dictas terras et alia suprascripta, respectiue et particulariter supramentionata, cum suis pertinentiis, absque vlla alia speciali seu particulari sasina de eisdem suscipienda, non obstante quod eedem invicem et contigue minime jacent, sed separatim et in diversis partibus : Et quod dictus dominus Joannes Grant est legitimus et propinquior heres masculus dicti quondam Joannis Grant de Frewquhy, sui patris, de totis et integris predictis terris et baronia de Lethin, in eadem comprehendente villas, terras, molendina, piscarias, et alia particulariter supramentionata, cum turribus, fortaliciis, maneriebus, domibus, edificiis, hortis, pomariis et suis pertinentiis vniversis superius expressis, jacentibus vt supra, erectis, vnitis et incorporatis in vnam integram et liberam baroniam de Lethin et forestam: Et quod est legitime setatis : Et quod tote et integre predicte terre et baronia de Lethin, in eadem com- prehendens villas, terras, molendina, piscationes, et alia particulariter supramentionata, cum turribus, fortaliciis, maneriebus, domibus, edificiis, hortis, pomariis et suis pertinentiis, erecte, vnite et incorporate in libera baronia et forresta, iacentes vt dictum est, valent nunc per annum summam quinquaginta librarum vsualis monete regni Scotie, et valuerunt tempore pads summam decern librarum monete predicte : Et quod tote et integre predicte terre et baronia de Lethin, in eadem comprehendens villas, terras, molendina, piscationes, et alia particulariter suprascripta, cum turribus, fortaliciis, maneriebus, domibus, edificiis, hortis, 1623.] OF THE GRANTS OF GRANT. 223 pomariis et ceteris pertinentiis vniversis, vnite, erecte et incorporate in vnam integram et liberam baroniam cum forresta, vt dictum est, jacentes, tenentur in capite de supremo domino nostro Rege et suis successoribus, in feodo, hereditate ac libera baronia et forresta : Red dendo jura et servitia de eisdem debita et consueta : Et quod tote et integre predicte terre et baronia de Lethin, in eadem comprehendens villas, terras, molendina, piscationes et alia, particulariter vnitas erectas et incorporatas, vt dictum est, nunc existent, prout extiterunt in manibus honorabilis domine LUie Murray, relicte dicti quondam Joannis Grant de Frewquhy coniuncte infeodatricis earundem, ratione sue conjuncte infeodationis dictarum terrarum cum predicto quondam Joanne suo marito, tente de dicto supremo domino nostro Rege, et per dictum supremum dominum nostrum Regem debite confirmate, continuo a decessu dicti quondam Joannis qui decessit die vigesimo mensis Septembris vltimo elapsi, anno Domini miliesimo sexcentesimo vigesimo secundo, in defecte dicti domini Joannis Grant jus suum hucvsque minime prosequentis : In cuius rei testimonium sigilla quorundam eorum qui dicte inquisitioni intererant, vnacum brevi regio intus clauso, et sigillum dicti domini Joannis Campbell, vicecomitis principalis vicecomitatus de Nairne sunt appensa presentibus. Sic subscribitur. Ita est, Jacobus Abrahame, notarius publicus ac clericus dicti vicecomitatus de Nairne, teste manu propria. Hsec est vera copia principalis retornatus super premissis in cancellaria supremi domini nostri Regis remanentis, copiata et collationata per me dominum Joannem Scott de Scottistarvet, militem, vnum dominorum secreti consUii et scaccarii, eiusdemque cancellarie directorem, sub meis signo et subscriptione manualibus. Jo. Scott. 192. Bond of Safety by Allan Cameron of Lochiel to Sir John Grant of Freuchie. 13th June 1623. I, Allane Camrone of LocheUl, for my selff and takand the burdine in and vpone me for my kyne, freindis, followaris, partakeris, and dependaris, be thir presentis assuir Sir Johnne Grant of Frewquhye, knycht, and vpone my honour and credite faithfullie promitt that the said Sir Johnne, his bairnis, men, tenentis, servandis, dependaris, and all sic as he sail bring with him to the meitting betuix him and me, salbe harmeles and skaithles of me and my foirsaidis ; and that the said Sir Johne and his foirsaidis sail nawayes be harmeit, trubUHt, molestit and invaidit in thair bodyis, landis, possessiounes, guidis and geir, be me and all these afoirsaidis for quhom I tak burdine, vntill the auchtene day of Julii nixt to cum ; and I faithfullie promeis to the said Sir Johnne and his foirsaidis that the premissis salbe inviolabUlie keipit, vnder the pane of perjurie, infamie and defamatioun for ever : In witnes quhairof I haue subscryuit thir presentis with my hand, at Tarbert in Sownart, the threttene day 224 CHARTERS AND MISCELLANEOUS WRITS [1626. of Junii, the zeir of God jmvjc and tuentye thrie zeiris ; befoir thir witnessis, Mr Donald Campbell of Parbrek, Johne Stewart of Ardseall, Malcome M°Voylane, chirurgiane in Atholl, and Johnne Balvaird, notar in Dunkeld, wrettar heiroff. Mr Donald CampbeU, witnes. Allan Camron of Lochzill. J. Steuart of Ardsell, witnes. Malcom McWoline, witnes. Johnne Balvaird, notar, witnes. 193. Bond of Manrent by Allan MacRonnald of Lundye to Sir John Grant of Freuchie. 2 9th August 1626. Be it kend till all men be thir present letteris, me, Allane Mackronnald of Lundye, vnder- standing perfytlie that the right worschipfull Sir Johne Grant of Freuchie, knight, and his honorabill predicessoris hes bene the placers and manteinaris of me and my predicessoris in our landis, roumes and possessionis, and hes defendit ws in all our laufull affairis heirtofoir, so that my saidis predicessoris wer obleist in all dewtifull seruice to him and his predicessoris ; thau-foir, and to the effect that his said kyndlie mantenance and defence may remaine towardis me and my successoris, I bind and obleis me and my aires, and posteritie proceiding of my bodie, faithfullie and trewlie, to the said Sir Johne Grant and his aires, lairdis of Grant, in manrent and seruice in all tyme heirefter to cum ; promitting and obleising me and my saidis aires and posterity to be leill and trew to him and his forsaidis and efauld in all tyme cumyng ; his cunsall and secreittis shawin and vnderstand be me I sail conceill and keip secreit, and geue to him and his forsaidis the best cunsall I can ; his dampnage, skaithe and hourt in his persoun, honour and goodis, I sail at na tyme witt, heir, sie nor vnderstand, bot I sail aduerteis thame thairof, and stop and let the samen at the vtermost of my pouer : And als I sail tack ane leiU, trew and plain pairt with the said Sir Johne and his forsaidis in all and sindrie his actionis, caussis and defences laufull againes quhatsumeuir persoun or personis in sa far as lyes in my pouer (the Kingis Maiestie, his Hienes successoris exceptit, and exceptand also the laird of Glengarrie, my cheiff, and his laufull airis, the lairdis of Glen garrie, allanerHe) : And heirto I bind and obleis me and my forsaidis be the faith and trewth in myne and thair bodyes, but reclamatioun ; and consentis thir presentis be registrat in the bookes of cunsall, schiref or commissar bookes of Inuernes, ad futuram rei memoriam, with executoriallis to be direct heirvpon on sax dayes chairge allanerlie ; and thairfoir I con stitut my procuratoris, to compeir and consent to the registring heirof; promittentes de rato. In witnes quhairof, wrettin be Alexander Logane, notar, I haue subscryuit thir presentis with my hand as followes, att Inuernes, the tuentie nynt day of August jmvic tuentie sax zeiris, befoir thir witnessis, Johne Grant of Glenmorestoun, Patrik Grant, apperand thairof, Johne M°Leane, apperand of Dauochgarrioch, Johne Finlaysoun, seruitour 1630.] OF THE GRANTS OF GRANT. 225 to the said Johne Grant, WiUiam Reid, notar publict, and Alexander Logane, notar, wreitter heirof, and Finley Grant in Belmakean. Allane MackRonnald of Lundie abonenamet, with my hand led at the pen be the connotaris publict vndernamit, at my speciaU command, becaus I can nocht wrreit. Ita est, Alexander Logane, notarius publicus in premissis, ex mandato dicti AUani McRonnald de Lundye, scribere nescientis, vt asseruit, rogatus, teste manu propria. De mandato dicti AUani MakRonald scribere nescientis, in premissis ego Willielmus Reid, conotarius publicus, requisitus subscribo, testante manu propria. Jhone Grant of Glenmoristoun, witnes. Patrik Grant, witnes. Jo11 McLeane, witnes. Finlay Grant, vitnes. 1 9 4. Certificate by Randal Earl of Antrim that Alexander Grant, a Scotch gentleman, was at Dunluce, in Ireland, on 25th October 1630. These ar to certefie and mak knowen to all and singular his Maiesties officeris, ministeris and loving subiectes, to whom it appertaines, and who hath to do with Alexander Graunt, a Scotis gentleman some tyme dowelling in Tullagh, in the parish of Kincardwine in Sraspe, as he termed him self, was heir at Dunluce in the kingdome of Irland the 25 day of October ; which the said Alexander Graunt wished me to certefie, for some reasones to him best knowen ; and also that Finley Mak Crumen of the parish of Kirkmichell was heir in com pany with the said Alexander Graunt : So much vppon my honour I do testefie to be true ; witnes my hand, the last of October 1630. Antrim. 195. Petition of Margaret Sinclair to the King anent the murder of her husband, John Grant of Carron. Circa 1630. To the Kings most Excellent Majestie, The humble peticioun of Margarett Sincler, the relicte of John Graunt of Carron ; Whoe most humblie sheweth vnto your royall Majesty, that whereas Ballendalloch (vpon falce suggestions pretended to your Maiesty to coulour and palliate his bloodie murther of your suppliants husband), procured your Majesties letters dated the 15th of Aprill 1629, directed to your Secret Councell of Scotland, that if Finley McGrimen did not sett sufficient caution 226 CHARTERS AND MISCELLANEOUS WRITS [1630. for his comperance to underlye the lawe before the first day of August then followinge, that their lordships should certifie your Majesty, as by the said letter appeares att large. It may please your Majestie, this M°Grimen (who was suggested to be in your petitioners late husbands companie when he was murthered, and to be one of the murtherers of John Grant, vncle of the said BaUendalloch), came to appeare att the said first of August last vpon perswations of noe other matters to be alleadged against him but vpon the contents conteyned in your Majesties said letters ; but afterwards vnderstandinge of the truth of other materiall matters, and how, amongst others, two witnesses were produced, who were partyes to the murther of the vncle of the said BaUendalloch, and by him were suborned vpon promise for their periury to be freed of their murther, escaped without comperance. Now, forasmuch as the said BaUendalloch did wilfullye and vpon mallice kiU your Highnes peti tioners late husband, as shall appeare by many good and substantiall witnesses, and not in the execution of any comission, the said McGrimen nor noe other rebell then beinge in his company when he was murthered, but onely vseth delayes to keepe himself from recewinge the iust doome of his notorious murther. Your petitioner therefore most humblie beseecheth your royall Majesty, of your accus tomed goodness, to be gratiously pleased to graunt your royall new letters to your Secret Councell of Scotland, requiringe them to call before them the said BallendaUoch, and to cause him forthwith to shew his commission and hominge against the said McGrimen which he pretendeth to have, and to certifie youre Majesty the truth thereof : And therevpon that the said BaUendalloch may noe longer be protected nor suffred to withhould himselfe from the hand of justice ; but that your Majesty will afford your petitioner and her children to take that benifitt against the said murtherer which to law and justice apperteyneth. And as in dutie bound she and her children wiU dailye pray for your Majesties longe and happie raigne. Indorsed : Petition — Margaret Sinclar, relict to John Grant of Carron, to the King. 196. Commission to Sir John Grant of Freuchie to apprehend Alaster Grant. 5th April 1631. Charles R. Charles, be the grace of God King of Great Britane, France and Ireland, defender of the faith, to all and sindrie our lieges and subjects whome it effeirs, to whois knowledge thir our letters sail come, greeting : Forsameekle as it is vnderstand to the lords of our priuie counsell, that, vpon the last day of September 1628 yeeres, Alaster Grant in Tulloche wes orderlie denunced our rebell and putt to our home, be vertew of our vthers criminall letters, raised at the instance of Jonnet Grant, as mother to vmquhill Thomas Grant of Dalvey, Patrik Grant his brother, and Patrik Grant of Strahauche, his vncle, for his not compeirance 1631.] OF THE GRANTS OF GRANT. 227 before our right trustie and weilbelouit cousine and counsellour, James erle of Murray, our lieutenant and justice in the North, and his deputs, at ane certane day bygane, to have underlyne the lawes for the cruell slauchter of the said vmquhill Thomas Grant and Lauchlane M°Intoshe, sonne to vmquhill Thomas McIntoshe in Roakmore, committed be him and his complices in maner conteanit in our saids criminall letters, as the same dewlie execute, indorsat, and registrat, showne to the lords of our priuie counsell, beirs : At the processe whairof the said Alaster most proudlie and contempuandHe remaines our rebell, as yitt vnrelaxt, takand no regarde of the said horning, bot haunts, frequents, and repaires, publictlie and avowedlie, in all parts of the cuntrie at his pleasure, accompanied with nombers of brokin lymmars, committing depredatiouns, stouthreaffes, and vthers oppressiouns, vpon our good subjects within the bounds of Stratspey and Stradoun and others parts in the north : And whereas the first day of Julii nixtocome is assigned to our weilbelouit Sir Johne Grant of Freuchie, for exhibitioun of the said Alaster before the lords of our priuie counsell, as man, tennent and servant to him, and suche ane persoun for whome the said Sir Johne is found to be answerable be the lawes of this our kingdome ; quhilk service the said Sir Johne hes vndertane, and in regarde he is bot ane priuat man, not warranted with power or auctoritie outwith his awine bounds, whairunto the said Alaster, vpon notice of this service, will be sparing to repaire, for eshewing of apprehensioun : Thairfoir we have givin and grantit, and be the tennour heirof, gives and grants our full power, auctoritie, and commis sioun, expresse bidding and charge to the said Sir Johne Grant of Freuchie, to pas, searche, seeke, and take the said Alaster Grant, our rebell, whereeuer he may be apprehendit, and to bring, present, and exhibite him before the lords of oure priuie counsell, to the effect order and directioun may be givin for his punishement, as accords : And in case it sail happin the said Alaster, for eshewing of apprehensioun, to flee to strenths and houssis, with power to the said Sir Johne to pas, follow, and persew him, assiege the saids strenths and houssis, raise fyre, and vse all kinde of force and warrelyke ingyne that can be had for winning and recoverie of the same, and apprehending of the said Alaster being thairin : And if in persute of the said Alaster, he refuising to be tane, it sail happin him or anie being in com panie with him, or within the said strenths and houssis and assisting him, to be hurt, woundit, mutilat, or slaine, or anie other inconvenient to follow thairvpoun, we will and grant, and for ws and our successoris decernis and declares, that the same sail not be impute to our said commissioner, nor persouns assisting him, in the executioun of this our commis sioun, as cryme nor offence, nor they nor nane of thame sail be callit nor accused thairfoir, criminallie nor civillie, be anie maner of way, in tyme coming, notwithstanding whatsomeuer our acts and statuts made in the contrare, whereanent and all paines conteanit thairin, wee dispense be thir presents : And generallie, all and sindrie others things to do, exerce, and vse, quhilks of the law and consuetude of this our realme, for executioun of this our commissioun, are knowne to perteane : Firme and stable halding and for to hald all and whatsumever 228 CHARTERS AND MISCELLANEOUS WRITS [1631. things sail be lawfullie done beirin ; charging heirby yow, all and sindrie, our saids lieges and subjects, to reuerence, acknowledge and obey, ryse, concurre, fortifie and assist our said commissioner, in all and euerie thing tending to the executioun of this our commissioun ; and to do, nor attempt no thing to the hinder nor prejudice thairof, as yow and euerie ane of yow will answer vpon the contrarie at your perell. Givin vnder our signet, at Halyrudhous, the fyft day of Apryle, and of our raigne the sevint yeir, 1631. Geo. CancelP3 Traquaire. & Gordoune. James Baillie. Ad. B. of Dunblane. Carnegy. sr j. scottistarvett. 197. Act of the Privy Council anent Sir John Grant of Freuchie's entering Alaster Grant, a prisoner in the Tolbooth of Edinburgh. 19 th July 1631. Apud Halyrudhous, decimo nono die mensis Julii, anno Domini miliesimo sexcentesimo tricesimo primo. The whilk day the lords of secreit counsell, after reasoning and voting, finds and declares that Sir Johne Grant of Freuchie, knight, by the entrie and exhibitioun of Alaster Grant, rebell, who is made prisonner within the tolbuith of Edinburgh, hes satisfied and fulfilled the act whairby he wes obliged to that effect ; and in respect thairof, the saids lords freeths and releeves the said Sir Johne Grant of the act foresaid, haill heids and articles thairof, and panes thairin conteanit, and discharges him thairof in all tyme couming ; but prejudice alwayes to the parteis interest of anie action competent to thame vpon the act of parliament to be persewed agains him, as accords of the law. Extractum de libris actorum secreti consilii S. D. N. Regis, per me Magistrum Gilbertum Prymerois, clericum ejusdem, sub meis signo et subscriptione manualibus. M. G. Prymerose. 198. Obligation by Colonel Sir Harry Bruce for the compearance of Sir John Grant of Freuchie before the Lords of Privy Council, to be examined with reference to James and Alaster Grant. 29th March 1632. Apud Halyrudhous, vicesimo nono die mensis Martii, anno Domini miliesimo sexcentesimo tricesimo secundo. The whilk day, in presence of the lords of secreit counsell, compeired personallie Sir Harie Bruce, colonell, and become actit and obleist, as cautioner and sovertie for Sir Johne Grant of Freuchie, that the said Sir Johne sail compeir personallie before the lords of privie counsell vpon the fourteene day of Junii nixtocome, to be examined and confronted with James Grant, prisonner in the castell of Edinburgh, and Alaster Grant, prisonner in the tolbuith of 1636 •] OF THE GRANTS OF GRANT. 229 Edinburgh, vpon suche interrogators as sail be givin in thereanent, vnder the pane of fyve thowsand merkes : And siclyke, that the said Sir Johne sail exhibite James Grant alias Our, his chamberlane, before the saids lords, the day foresaid, to the effect abone writtin, vnder the pane of ane thowsand merkes. Sic subscribitur, Henry Brus. Extractum de libris actoram secreti consilii S. D. N. Regis, per me Magistrum Gilbertum Prymrois, clericum ejusdem, sub meis signo et subscriptione manualibus. M. G. Prymerose. 199. Certificate to the Privy Council of the Laird of Grant's diligence in seeking to apprehend certain rebels. 4th January 1636. To the ryght honorabill the lordis of his Maiesties most honorabill privie consaill, all health and true happines in our Sauiour Jhesus Christ. Be it knowin, as we your lordschippis humbill seruitouris, the ministeris of Godis word wndersubscryvearis, do truelie testifie, that the Laird of Grant hes done reall and true diligence in the service imposit wpone him for prosequuteing and apprehending of the rebellis, James Grant, Robert Grant his brother and George Grant his sone, in maner following : First, efter the lairdis cuming to Strathspey in October last, he send for Ballindalloche younger, and appoyntit ane privat meitting with him at the wod of Culquhoich ; and at thair meitting inquerit at him quhat cours he thocht moist expedient to be takin for prosequuteing that service : Quhais ansuer and adwyis wes that the laird suld send to him aucht or tuelf men, quhom he wald direct with sum of his awin men in that bissines, in respect he thocht that privat dealling culd nocht effectuat the mater. The Laird according thairto, at his ernist desyir and wpone his assurance to find thame ane suir hounding of the rebellis, send out tuelf habill fensibill men of the best sort of his kin wpone his awin coistis and chargeis to zoung Balnadalloch, to ressawe fra him thair directiounis anent the searcheing and apprehending of the saidis rebellis ; quho with tuo of Balnadal- locheis awin men, all wpone the laird of Grantis chargeis, went and searcheit thame throu all the boundis of Inuerawin, Skeirdustane, Rathes, Balvanie, Murthlak, Auchindoun, and Glenrinnes, quhair they stay it be the space of fourtene dayis doand quhat they culd. Thairefter, in the end of Nouember last, wpone report of the rebellis being in Strathowin, the laird of Grant send out thrattie sex men with thair followaris to these boundis, quha searcheit the contrie and culd learne nothing of thair being thair ; bot fand tua of his followaris and associatis, the ane of thame callit Johne Makallin VicGrnmen, the wther nameit James Makwrebermoir, quhom they apprehendit and brocht with thame to his hous of Ballachastell, and quhom he hes send to your lordschippis. And in the midtyme of all thir searcheis, becaus he fand nocht that cours so profitabill for the haistie expeditioun of the service, he hes delt and is in dealling privatlie with certane men in Glenlivat, Strathdowin, Mar, and wtheris pairtis quhair the rebellis wer wount to haunt ; and lies covenantit with thame and promesit large sowmeis of money, possessioun of landis, and wtheris guid deidis, for 230 CHARTERS AND MISCELLANEOUS WRITS [1637. taking of the saidis rebellis and deliuering thame to him, quick or deid : And he is in guid hoip in respect of thair faithfull promeissis to performe as occasioun suld offer. These we knou to be of veritie, and sua we testifie the samen wpone oure conscienceis. In witnessing quhairof we haif subscryuit thir presentis, wreattin be Johne Donaldsone, notar publick, with our handis at Cromdell, the fourt day of Januar, jmvjc thrattie sex zereis. Mr D. Dick, persone of Advie and Crumdell. Mr W. Watsone, persone of Duthell. Mr Col. M°Kenzie, persone of Abirnethie. 200. Testament of Sir John Grant of Freuchie. 31st March 1637. I, Sir Johne Grant of Frewchie, knyght, being seik in bodie bot holl in mynd, doe recomend my sowll to the Lord, and houpes to be saffit be the mereitis of Jesus Chryst, my Saviour ; and ordaines my bodie to be buried as it sail pleis my freindis ; and nominatis Dame Marie Ogilvie, my lowing spous, and James Grant, my eldest laufull sone, my executouris and wniversall intromettouris with my guidis and geir; and ordanes them to give vpe inventar of the haUl debtis restand be me and to me, and to pey debtis thairwith : And in speciali I grant and confes my selff to be restand awand to Wm McIntosche of Torcastell the sowme of ten thousand pundis ; item, to Johne Rind, merchand, burges of Edinburgh, the sowme of aucht thousand merkis, with certane anvellrentis ; item, to James Gibsone, advocat in Edinburgh, in twa bandis, the soume of thrie thousand fyve hundreth and fyftie merkis, with tea zeires anvellrent of the thirtein hundreth merkis, and ane zeires anvellrent of the wther band ; item, to Walter Thomsone, merchand, burges of Edinburgh, ane thowsand pund, with tua zeires anvellrent ; item, to James Spens off Alves Kirktoune, sex thowsand merkis of principall sowme, with ane zeires anvellrent ; item, to John Tulloche, burges of Nairne, thrie thowsand merkis of principall sowme, with ane zeires anvellrent ; item, to Lillias and Margaret Grantis, four thousand four hundreth fourtie four merkis, with tua zeires anvell ; item, to John Grant of Moynes, ane thowsand and fyftie punds of principall sowme, with certane bygaine anvellis : With power as is foirsaid, in respect of my waiknes, to my saidis executouris, to give vpe the inventar of the remanent of my debtis, ather restand be me or to me, and to conferme the samen, quhilk I hold als sufficient as iff I had gevine wpe the particular debtis myselff. In witnes quhairof, writtin be Alexander Abernethie, servitour to the said James Gibsone, I have subscriuit thir presentis with my hand, at Edinburgh, the last of Merche, the zeir of God jmvic and threttie sevine zeires, befoir thir witnesses, Mr James Kennedie, wrytter in Edinburgh, Johne Donaldsone in Arr, Mr Thomas Gilzeane, and Alexander Abernethie, servitouris to the said James Gibsone. Mr J. Kennedy, witnes. S. J. Grant. Mr Thomas Gilzeane, witnes. Alexr Abernethie, witnes. 1640.] OP THE GRANTS OF GRANT. 231 201. Commission by George Marquis of Huntly to James Grant of Carron, to pursue and commit to ward John Due Garre and his accomplices. 9th November 1639. QUHARAS the Kings most excellent Majestie hes, be commission vnder his signet, of the dait the day of last bygan, giffin warrand to me Georg Marquess of Huntlie, etc., and to such person or persones as I sail direct and send out with warrand and commission wnder my hand, to pass, folio we, and perse we with fyir and suord, Jhone Due Garre and his complices, and to committ them to warde wntill they be presented till justice, as is moir fullelie conteined in the said commission : Therfor, be it knowine that I hawe substitut and appointed James Grant of Carroune as one of the persones quhom be the said commission I am warranded to send out, giffing him full powar to doe ewery thing for the execution of the said commission als fuUelie as giff his name war particularlie insert therine. Giwen wndir my subscription, at Edinbrughe, the nynt day of Nowember 1639 zeires. Huntlie. This copie wreittine be me, J. Commine, notar publict. 202. Permission by Dame Mary Ogilvie to James Grant of Freuchie, her son, to promote the Solemn League and Covenant in the barony of Urquhart. 8th Sep tember 1640. At Wrquhart Castell, the aucht day off September jmvic fourtie zeris. The quhilk day, in presens of me, notar publict, and witnesses wndersubscryveand, comperit Deame Marie Ogilwye, lyfverentrix off the lordschip and baronie off Wrquhart, and thair exponit and declarit that scho was ewir willing, and is willing, that James Grant of Frewquhy, heretour of the forsaidis lands, suld haiff hir full power and libertie, be word and not be wreitt, as he pleissis within hir lyfverent landis, and do all thingis requisit and lawch- full for forderence of the mater off the covenant in all degreis : Wpon the quhilk premisis, the said Deame Marie Ogilwye tuik instrument in the handis of me, notar publict, day, zeir, monethe and place forsaidis, befor thir witnessis, Patrik Grant of Glenmorestone, Alexander BaUzie of Dennzeane, John Grant of Lurg, Robert and Patrik Grantis, sonis lawchfull to the said Deame Marie Ogilwye, with wtheris dyveris. Ita est, Jacobus Lesley, notarius publicus in premissis specialiter requisitus ad hec manu mea propria asserui. M. J. L., n. p. Patrik Grant off Glenmoristoun. Alexander Bailzie of Dunzeane. J. Grantt. 232 CHARTERS AND MISCELLANEOUS WRITS [1640. 203. Instrument on the application to Dame Mary Ogilvy to stent her liferent lands of Urquhart for sending men south. 9th September 1640. At Wrquhart Castell, the nynt day of September jmvic fourtie zeiris. The quhilk day, in presens off me, notar publict, and witnessis wndersubscryveand, comperit Patrik Grant of Glenmorestone, procuratour, and in name and behalff of ane honorabill man, James Grant of Frewquhie, to the personall presens of ane honorabUl lady, Deame Marie Ogilwye, lyfverentrix of the lordschip and baronie of Wrquhart, and desyrit the said lady Grant to stent the landis of Wrquhart for sending sowthe men, according to the forme that is wseit with the rest of the landis of the northe, or to give concurrance and assistance to the said James Grant, hir sone, for doing thairof, as the rest off lyfverentaris of the kingdome of Scoitland dois ; or at leist to giff power or warrand in wreitt to the said James Grant or to hir awin bailzeis and officeris for stenting hir landis of Wrquhart and pepill for mantenance of thais men quhilk scho sould send sowthe : To the quhilk it was ansuarit be the said Deame Marie Ogilwye, lady Grant, that scho hes not power to giff in wreitt to the said laird of Grant, and that in respect that scho hes alredy gewin power and way to Generall Major Monro for that effect ; and giff the said laird of Grant be Generall Monro his directione, or be the Taible thair directione cumis heir to Wrquhart, the said Lady Grant is content to giff the laird Grant way to do quhat he pleissis without ony contradictione : And as for hir concurance, the Lady Grant refuissis to giff it him (in respect scho is not hable,) in respect of many gryte harmes, iniureis and oppressionis that my said sone hes done to me his mother vnnaturallie : And as quhair the Laird Grant desyris hir bailzeis and officeris to stent the cunterie and wptak the stent thairof, the said Lady Grant ansuarit, giff the laird of Grant wald refus it, the Taible gewin hir power and warrand, scho suld be content to do the samyne hir selff. Wpon the quhilk premissis the procuratour forsaid and the said Deame Marie OgUwye askit and tuik instrumentis in the handis of me, notar publict, day, zeir, monethe and place forsaidis, befor thir witnessis, John Grant of Lurg, Mr John Grant, servitour to the said Lard Grant, Alexander Bailze of Dunzeane. Ita est, Jacobus Lesley, notarius publicus in premissis, specialiter requisitus ad hec, manu mea propria asserui. J. Lesley, notarius, asserui. Alexander Bailzie of Dunzeane, witnes. Patrik Grantt of Glenmorestone. M. J. Grant, witnes. J. Grantt of Lurg. 1641.] OF THE GRANTS OF GRANT. 233 204. Retour of James Grant of Auchehangen, as heir of his great-grandfather, William Grant, in the half davach of Auchehangen. 2d December 1641. Hec inquisitio facta fuit in insula ecclesie cathedralis Morauiensis, in qua curie regalitatis de Spynie teneri solent, secundo die mensis Decembris, anno Domini miliesimo sexcentesimo quadragesimo primo, coram discreto viro Vilhelmo Layng, burgensi de Elgin, baUiuo deputato dictse regalitatis de Spynie, in curia fensata pro tribunali sedente, per personas subscriptas, videlicet, Vilhelmum Lesley burgensem de Elgin, Georgium Cuming burgensem ibidem, Vilhelmum Innes seniorem, burgensem ibidem, Franciscum Dunbar burgensem ibidem, Joannem Brabner ibidem, Joannem Coupland in Hauchis, Georgium Lesley in Elchies, Thomam Gordoun in Inveravin, Andream Ross in Morinsche, Jacobum Stewart in Auchir- vachan, Thomam Stewart in Delraach, Robertum Stewart de Nevie, Joannem Mackean in Elgin, Alexandrum Wrquhart burgensem ibidem, et Joannem Grant portionarium de Blairfindich : Qui jurati dicunt, quod quondam Vilhelmus Grant de Auchehangen, proavus Jacobi Grant nunc de Auchehangen, latoris presentium, obiit vltimo vestitus et sasitus ad fidem et pacem supremi domini nostri Regis, in omnibus et singulis terris totius et integras dimedise davatse de Auchehangen, cum suis domibus, hortis, sedificiis, toftis, croftis, partibus, pendicuHs et ceteris suis pertinentiis vniuersis ; vnacum multuris dictarum terrarum ac etiam decimis garbaHbus et decimis vicariis, vulgo, the teyndschevis and teynd vicarage, totius et integre prefate dimediae davatse terrarum de Auchehangen cum pertinentiis ; jacentibus in tenendria de Finlarg, dicta regalitate de Spynie, et infra vicecomitatum de Elgin et Forres : ¦ Et quod dictus Jacobus Grant est legittimus et propinquior heres dicti quondam Vilhelmi Grant sui proavi de dictis terris aliisque prescriptis : Et quod est legittimse setatis : Et quod dicte terre nunc valent per annum summam et quod valuerunt tantum tempore pacis : Et quod dicte terre aliaque prescripta tenentur de honorabili viro Jacobo Grant de Freuquhye, tanquam immediato superiore earundem, in libera alba firma, pro solutione annuatim vnius denarii monete regni Scotiae, si petatur : Et quod dicte terre cum pertinentiis nunc existent in manibus dicti Jacobi Grant de Freuquhye per mortem dicti quondam Vilhelmi Grant proavi dicti Jacobi Grant, latoris presentium, defectu heredis jus suum minime prosequentis : Quiquidem Vilhelmus Grant obiit die mensis anno Domini miliesimo sexcentesimo . Data et clausa sub sigillo officii dictas regalitatis de Spynie, et sigillis quorundam eorum qui dicte inquisitioni intererant, his presentibus breui regio intus clauso, loco, anno, die et mense quibus supra. Ita est vt premittitur, Vilhelmus Thome, notarius publicus, ac scriba curias dictas regalitatis de Spynie, manu propria asseruit. W. Thome asseruit. 2 G 234 CHARTERS AND MISCELLANEOUS WRITS [1643. 205. Obligation by Mary Grant and Dame Mary Ogilvy, her mother, to deliver to her brother, James Grant of Freuchie, a Contract made between them. 13th June 1643. I, Marie Grant, lauchfull daughter to wmquhill Sir Johne Grant of Freuquhye, knicht, with expres consent and assent of Dame Marie Ogilvie, Ladie Grant, my mother, and I, the said Dame Marie Ogilvie, as cautioner and burdine taker for the said Marie Grant, my dauchter, be the tennour heirof faithfullie bind and obleis [ws,] our airis, successouris, executouris, and intromettouris with our rentis, to purches and obtene the tua contractis and appoyntmentis maid and endit betuix James Grant of Freuquhye, sone and air of wmquhill Sir Johne Grant of Freuquhe, knicht, on the ane pairt, and me the said Marie Grant, his lauchfull sister, with expres consent, advyse and assent of James erll of Fynlater, Lord Deskford, me the said Dame Marie Ogilvie, Thomas Fraser of Streychin, and Maister Alexander Douglas, Doctour of Medicine in Banff, curatouris to me the said Marie Grant, for thair entres, on the wther pairt, of the date heirof, alreadie subscriueit be ws, the saidis Marie Grant and Dame Marie Ogilvie, dewlie subscriueit be the saidis Thomas Fraser of Streychin and Mr Alexander Douglas, curatouris to me the said Marie Grant; and to deliuer ane of the saidis tua contractis subscriueit, as said is, to the said James Grant of Freuquhye betuix the date heirof and the last day of August nixtocum ; and faiUeing of deliuerie of ane of the saidis contractis to the said James deulie subscriuit, as said is, at the tyme foirsaid, we, the saidis Marie Grant, with consent of the said Dame Marie Ogilvie, my mother, and I, the said dame Marie, as cautioner and burdine taker for the said Marie Grant, bind and obleis ws and our forsaidis to content and pay to the said James, his airis and assignayis, the sowme of twa thousand merkis wsuall Scottis money for coistis, skaith, damnage, expenssis, and interes presentlie liquidat and agrieit wpone betuix ws be thir presentis, to be sustenit and debursit be the said James and his forsaidis in cace of faillie, and that by and attour the reporting and deliuering to the said James and his forsaidis of ane of the saidis contractis deulie sub scriueit, as said is : Of the quhilk cautionarie and of all danger, expenssis and inconvenient that thairwpone mey result, I the said Marie Grant faithfullie bind and obleis me and my forsaidis to warrand, frieith, relewe and skaythles keip the said dame Marie Ogilvie my cautioner and burdine taker abonenominat, and her forsaidis, at all handis : And for the mair seeuritie, we ar contentit and we consent that thir presentis be insert and registrat in the buikis of counsaUl and sessioun, or commissaris buikis of Morray, and haif the strenth of ane decreit of the lordis of counsaill or commissar forsaid, thair auctoritie to be interponit heirto with letteris and executoriallis of horning, poynding or warding, the ane but preiudice of the wther, to pas heirvpone on ane singill charge of fyvetene dayis allanerlie ; and to that effect constituteis our procuratouris ; promittentes de rato etc. In witnes quhairof, we haif subscriuit thir presentis, wreattin be Johne Donaldsone, notar publick, with oure handis, at Elgin, the thrattene day of Junii the zere of God jmvi° fourtie thrie zereis ; befor 1643.] OF THE GRANTS OF GRANT. 235 thir witnessis, Sir Alexander Sutherland of Duffus, knicht, Thomas Mackeinzie of Pluscarden, Sir Walter Innes of Balvenie, knicht, Johne Grant zounger of Balnadalloche, Johne Sutherland of Kinsterie, Mr James Kennedie and the said Johne Donaldsone, notaris, wreatter heirof. Sr A. Sutherland, wittnesse. W. Innes, witnes. Marie Grant. T. McKenzie of Pluscarden, wittnes. Marie Ogiluy. Johne Grant, witness. J. Sutherland, witnes. M. J. Kennedy, witnes. J. Donaldsone, notar, wreatter heirof, witnes. 206. Bond of Pacification between Patrick Grant in Rutherie and Mr. Lachlan Grant, minister of Moy. 6th July 1643. At the Kirk of Knoknyndoche, the 6 day of Julii 1643 zeiris. The quhilk day conveined James Grant of Freuquhye and Johne Grant of Moynes, commis sionaris for the pacificatioun : For preventing of inconvenience betwix Patrik Grant in Rutherie and Mr Lachlan Grant, minister at Moy, the saidis commissionaris hes ordainit the saidis parties for thameselffis, freinds and followeris quhom they may stop or lat, to find cautioun that either of thame salbe harmless and skaithles of the wther in their bodies and meanis, landis, guids and geir, in all tyme cuming : In obedience quhairoff, the said Patrik Grant hes found Archibald Grant of Delvey cautioner and sowertie for him to the effect forsaid, wnder the pain of ane thowsand merks : And sicklyk, the said Mr Lachlan hes found John M°Intoische of Doundelchack cautioner and sowertie for him to the said effect, also wnder the pain of ane thowsand merkis : And sicklyk, the said Mr Lachlan is becume cautioner and sowertie for Duncan Grant, his brother german, and the said Duncan is becume cautioner and sowertie for James Grant, his brother german, that the said Patrik Grant in Rutherie salbe harmles and skaithles of the said James and Duncan Grants in his bodie, meanis, landis, guids and geir, in all tyme cuming, wnder the paines conteinit in the actis of parliament. In witnes quhairof, all the saidis parties hes subscrywit thir presenttis (writtin be Mr John Grant, servitour to the said James Grant of Freuquhye), with their hands, day, zeir and place forsaid; befoir thir witnessis, Sir Walter Innes of Balvenie, knicht, Alexander Gordoun, appeirand of Inuermarkie, Johne Grant fiear of Ballindalloche, and the said Mr Johne Grant, wrytter forsaid. W. Innes, wittnes. Patrik Grant. Johne McIntoschie. Allexr Gordoun, witnes. M. La. Grantt. Ard Grant. M. J. Grant, wrytter of the premissis, J. Grant. witnes. D. Grantt. Johne Grant, witness. 236 CHARTERS AND MISCELLANEOUS WRITS [1643. 207. Testament of Dame Lilias Murray, relict of John Grant of Freuchie. 30th December 1643. The testament testamentar, letter will, and legacie of me, Dame Lilias Morray, relict of wmquhill Johne Grant of Frewquhy, maid and given wp be my awine mouth, at Ballachastell, the penult day of December, the zeir of God jmvj° fourtie thrie zeires, befoir the witnessis efterspecifeit. In the first, I, the said Dame Lilias Morray, being seik in bodie bot haill in mynd and perfyit in memorie (blissed be God), knawing nathing moir certaine then death, and nothing moir wncertaine than the tyme and hour thairof, I leave my soull to the great God Almightie, maker of heawin and earth, and ordaines my bodie to be buried in the yland of the kirk of Duthell, besyid my said wmquhill husband in the buriall place apperteining to [the hous of] Grant, in hoip of my resurrectioun to lyiff eternal! Item, I leave, nominat, constitut and ordaine James Grant of Frewquhy, my oy, my executour, donatour, and . . . haill and vniversall intromettour with my rentis, guides and gear, to [his awine] vse, behuiff, vtilitie and profeitt ; with power to him to vse and dispone thairwpoun as his awine proper guides and gear, he payand my debtis, and the soume of ane hundreth pundis money of this realme, to Dame Lilias Grant, spouse to Sir Walter Innes of Balvenie, my lawfull daughter. In witnes of the whilk thing, I haif subscrywit thir presentis with my hand, day, moneth, zeir of God, and place abonewreattin (wreattin be Johne Donaldsone, notar publick), befoir thir witnessis, Johne Grant, sumetyme of Dandeleith, Mr Johne Grant, servitour to the said James Grant of Frewquhy, and the said Johne Donaldsone, wreatter heirof. Jo. Grant, witnes, present. Lilis Muray. M. J. Grant, witnes. Jo. Donaldsone, wreatter and witnes. 208. Commission by James Earl of Murray, appointing his brother-in-law, James Grant of Freuchie, a lieutenant-colonel in his regiment. 1st April 1644. Wee, James Earle of Morray, Lord Downe and Abemeathie, etc., colonell of the Morray regiment both of horses and foote companies, to haif maid, constitute and ordaineit, lyikas wee be thir presentis mak, constitut, and ordaine the right honorable James Grant of Freuquhy, our brother in law, our leivetenent colonell of and in our said regiment ; and giwes and grantis to him the office and place of our leivetenendrie in our said regiment, with all honoures, dignities, priviledgis, immunities, fies, casualities, profeittis, and all wtheris thingis quhatsumewir apperteining and belanging, or that is knowin to apperteine and belang, to the said office and place ; with full power, licence, and libertie to the said James Grant 1645.] OF THE GRANTS OF GRANT. 237 of Freuquhy, our said leivetenent colonell, to nominat, elect, choys, mak, constitut, ordaine, remove, imputt and outputt officiaris and commanderis wnder ws and him, as he shall think meitt and expedient, for quhom he salbe haldin to ansuer and ansuerable to ws : And generaUie, all and sindrie wtheris thingis to doe, vse and exerce that to the said office or place apperteineth and belongeth, or doeth apperteine and belong, or that anie wther leivetenent colonell in the Scottish armie does or mey doe. In witnes of the quhilk thing (wreattin be Johne Donaldsone, servitor to the said James Grant of Frewquhy), we haif subscry weit thir pre sentis with our hand, [and] our seall is heirto affixt, att Frewquhy, the first day of Aprill, the zeir of God jmvj° fourtie four zeires, and of the reigne of the right heich, right excellent and mightie prince, our Soveraigne Lord, Charles be the grace of God King of Great Britaine, France and Irland, defender of the faith, etc., the tuentie zeir ; befoir thir witnessis, Johne Grant of BelnadaUoch, Harie Home of Argatie, Johne Ros of Braidley, Mr. David Stewart of Newtoun, and Adam Zoung, our servitouris, and the said Johne Donaldsone, wreitter heirof. Jhone Rose, witnes. Johne Grant, witness. M. Dauid Stewart, witnes. Harie Home, witnes. J. Murray. Jo. Donaldsone, witnes. A. Zounge, witnes. 209. Assurance of Indemnity by James Marquis of Montrose to the Laird of Grant and others. 3d March 1645. Wheras the Laird of Grant and the gentlemen and heretors of the name of Grant do pretend that they have resaved great prejudice and skaith throgh the armies marching throgh ther bounds : Thess ar therfor to certifie and assure them that efter they shall clearlie instruct and qualifie ther saids losses, they shall have repetitione and repeyment therof furth of the first and readiest of his Majesties rents or other casualities within the kingdome of Scotland at ane convenient occasione heirefter ; provyding alwayes that they continow ther fidelitie and loyaltie in his Majesties service. Subscryvit at Garmoch, the third day of March 1645. Montrose. 210. Assurance of Indemnity by James Marquis of Montrose to James Grant of Freuchie. 3d March 1645. Wheras James Grant of Freuqhy hath declaired his faithfulnes and loyaltie to his Majesties service by his oath and subscriptione, and by joyning himself and his freinds therwnto : Thess ar therfor to certifie and assure him that what lands he shall instruct to have justlie apertened to him or his predecessors and ar now possessed by enemies, he shall have the same disponed and confirmed to him and his airis by his Majestie wnder his seall and sub scriptione at ane convenient occasione heirefter ; provyding alwayes that the said James Grant of Freuqhy continow his faithfulnes and constancie in his Majesties service. Subscryvit at Garmoch, the third day of March 1645 yeirs. Montrose. 238 CHARTERS AND MISCELLANEOUS WRITS [1645. 211. Commission by James Marquis of Montrose to the Laird of Grant. 11th April 1645. Commissione — James Marquis of Montrose, his Majesties Liuetennent Generall of the Kingdome of Scotland, to the Laird of Grant. We, by pouer and authoritie grantit by his Majestie to ws, doe by thess presents give warrand and commissione to the Laird of Grant to requyr and raise with him all his Majesties faithfull and loyall subjects in the bounds about him, who ar not requyred by ws to come furth at this tym and joyn with ws in his Majesties service, or not employed by ws in the said service ; with pouer to him to joyne them with his oune forces for advancing of his Majesties service, and suppressing of the enemie; and siklyk, with pouer to the said Laird of Grant to wse fyr and suord and all kynd of hostilitie against all enemies and disaffected persons to his Majesties service ; wheranent thess presents shall be to him ane sufficient warrand. Givin at our camp in Glenmuick, the ellevint day of Apryll 1645, Montrose. 212. Bond of Combination between the Laird of Grant, his friends, and the men of Badenoch, Rothiemurchus, Strathawine, and Glenlivat. 30th March 1645. We wndir subscryweris, in respect of the eminent dangeris vhiche is lyk to ensue wnto ws be the crueltie of theis our enemeis now joned against his Majestie, our dread Sowerane, haw, be the tenour heiroff, solemlie wowed and suorne, lyk as be the tenour heirof, solemlie wowes and suearis, as we mone ansuer to the great God at the day of judgment, quhen the secreittis of all hairtis salbe discloisit, that we all and eweri ilk ane of ws, with our assistaris, forces, freindis and followeris, as hawing burding for them, sail ryise in armes wpon suche adwertisment as may or can possiblie be send from ather of ws to wtheris wpon anye occasione that sail happine to ather of ws, offensiwe or defensiwe, against our enemies ; and alse, that quhatewer injurie or harme salbe done hinc inde to ane of ws, salbe reput and holdin be ws all wndirsubscryweris as done to ws all and our forsaidis : And lykwayis that we sail extend our selfis and our forsaidis for reparatioune therof with the haisaird of our lywes and estaitis, according to our powaris wnder the paine of perjurie, defamatioune, tinsell of credit and honour, and newer to be holdin famous therafter, bot to be estemed as enemie to the keiperis of this combinatioune ; as also that we all eweri ane of ws sail stand in armes at ane head at quhatewer tyme we happin to be conwenit, aie and quhill they be disbandit be commone consent of ws wndersubscryweris wnder the painis ahow mentioned. In witnes quherof, we haw subscrywit thir presenttis, at Muckrache, the penult day of Merche jmvic fourtie and fyw zeires. Wreittin be Ferquherd Cuming, notar publict. 1645.] OF THE GRANTS OF GRANT. 239 James Grant of Freuquhye ; M°Phersone of Clynie ; Angous McIntoschie in Gask ; Lachlane McIntosche, brother to William MTntosche of Strone ; Allan Shawe. Ara Grant of Delvey ; J. Grant of Carroun ; William Grant of Kardellis ; L. Grant of Clurie ; Allexr Gordoune ; James Grant of Delnabo ; James Grant of Auchterblair ; Patrik Grant of Tvlachgorm ; Johne Grant of Delrachnie ; Jhone Schaw of Dell. J. Grant, Lurg ; Alane Grant of Mullachard ; Johne Lausone in Clasdounane ; James Grant in Dallawor ; M. J. Grant ; J. Akin of Fid. p] ; Jon Innes in Tombreackachie ; Alex1 Grant of AUochie ; William Grant of Achleyen. Donald McPhersone of Nuid ; R' Lausone ; James M°Pherson of Ardbrytach ; Patrik Grant of Advie ; Johne Grant in. Fonet ; D. Grantt of Curr ; Johne Hay ; Thomas Stewart of Dribyne ; Dom Gordoun of Mammoir ; Jhone Stewart in Delmoir ; Alexr Gordone in Tombea ; Arthur Stewart apeirend of Newie ; Robert Stewart in Lagane ; Williame McPher- soune in Beandagar; James McPhersone, Dellradie; Wm McPhersone in Dalradie; Mr J. Grantt in Ruddei ; Lachlan McPherson in Dalradie ; Lauchlane McKintosehe in Pitturie ; James Mackpherson in Miltoune ; Alexr Lesly in Kirtynnoir ; R* Grant of Elches ; Patrik Grant ; Wr Lesly in Tullich ; Johne Grant of Blairfindie ; Patrik Grant ; James Grant, Inverri ; Jhone Grant of Accolyduich ; Wm Grantt off Auchnarrow ; Swoyne Grant of Garthinbeg ; James Grant of Lynnichume ; Thomas Grant in Lethindie ; Jo. Grant in Cragane ; Alexr Grant, Lettochir ; Patrik Grant in Bombrak. James McIntosche, fear of Strone ; Angus McPherson of Inwereschey ; AUexr McPhersone of Pitcherine ; Hugo McPhersone in Breackaehie ; Donald McPhersone, his brother ; Malcolme M. xiij s. iiij d. of teind maile, xs. of wicarage, iiij s. of kiddis, j- of pultrie, iiij. The Milne and Croft thairof, Girsum ilk ffyve zeires. Of multour victuall by the mayn, xxx bollis. The Kirktoune of Cromdell, . . . of land maill, iiij^iiij lib. Quhairof to be rebatit for ane half aiker in the ministeris possession, iij lib. Inde restis to be payit, Hijxxj lib. Nether Auchrosk, of land maile, Girsum ilk ffyve zeires, xiij lib. vj s. viij d. of teind maile, of wicarage, of multour beir, xxxiij lib. vj s. viij d. jcxxxiij lib. vj s. viij d. xxxiij s. iiij d. xvj s. viij d. j boll. 1611.] OF THE GRANTS OF GRANT. 311 of wedderis, j. of kiddis, j. of pultrie, viij. And Tomnalceand, of maill jcxxxiij lib. vj s. viij d. Croft Mallauche, Girsum ilk ffyve zeires. of land maile. of teind maile. of wicarage. Wryttin of befoir withe Croft Dame. Mid Auchrosk, .... .of land maile, xxxiij lib. vj s, viij d. Girsum ilk ftyve zeires, xuj lib. vj s. viij d. of temd maile, xxix s. of wicarage, xvj s. viij d. of wedderis, j- of kiddis, ij- of pultrie, viij. Garlyne, of land maill, xxv lib. Girsum ilk ffyve zeires, x lib. of teind maill, xxj s. ix d. of wicarage, xij s. vj d. of wedderis, iij quarteris. of kiddis, j- of pultrie, VJ- Ovir Auchrosk, of land maile, xij lib. xiij s. iiij d Girsum ilk ffyve zeires, xvj lib. xiij s iiij d. of teind maile, xxxvj s. iij d. of wicarage, xx s. x d. of wedderis, j and ane quarter. of kiddis, j- of pultrie, X. Nether Conges, of land maile, iiijxx lib. Girsum ilk ffyve zeires, xl lib. of teind maile, > xs. of wicarage, of multour beir, iij bollis. of wedderis, iij- of kiddis, iij- of pultrie, xxiiij. 312 ADDITIONAL CHARTERS [1611 Auldcharne, ...... of land maile, xxxiij lib. vj s. viij d. Girsum ilk ffyve zeires, xiij lib. vj s. viij d. of teind maile. of wicarage, xvj s. viij d. of multour beir, j boll. of wedderis, j- of kiddis, j- of pultrie, viij. Ovir Conges, ...... of land maile, iiijxx lib. Girsum ilk ffyve zeires, xl lib. of teind maile. of wicarage, Is. of multour beir, iij bollis. of wedderis, iij- of kiddis, iij- of pultrie, xxiiij. Glenloquhy and milne thairof, with the croft, of land maile, fourtie nyne pundis sex s. viij d. Girsum ilk ffyve zeires, xx lib. of teind maile. of wicarage, xvj s. viij d. of wedderis, j- of kiddis, ij- of pultrie, viij. of multure, j boll. The milne of Nether Conges, of mill deutie, iij bollis half boll. The Rentall of the Croftis of Ballachastell. Makrobbies Croft on the burne syd, . Makgeorge Croft, of land maile, of kiddis, of pultrie, of teind siluer, Miltoun, and adjoyneit xvj s. viij d. j- VJ-xiij s. 4d. thairto. of land maile, xxvj s. viij d., xl s.. pundis. 1611.] OF THE GRANTS OF GRANT. 313 Ane Croft in Auchnaferne, Makgowins Croft, of kiddis, j- of pultrie, vj- of teind siluer, xiij s. 4d. . of land maile, iiij lib. of teind maile, vj s. viij d. of wicarage, vj s. viij d. of pultrie, vj- of henis, ij- of kiddis, j- Annexit to the maynes. . of land maile, viij lib., xx lib of teind maile, xiij s. iiij d. of wicarage, xiij s. iiij d. of kiddis, ij- of pultrie, xij. of henis, iiij. The cowper hes this croft for his seruice and the coteris. The thre Croftis on the eist syd narrest the burne of Downane, The Croft sumtyme occupiet be Patrik Mak- phaill, ....... Yalk Mylne of Cromdall, of land maile, xxvij merki of pultrie, xviij. of hennis, vj. of lambes, iij- of teind mail, xls. of land maill. off wicarage, iijs. iiijd. : lib. The Auigache, .... Girsum ilk fyve zeir, fyeff markis. . of land maile, iiij lib. of lambes, j. of pultrie, vj. of wicarage, ij s. 'This rnited to Colineis land. Fra Thomas Narne for the widowis terce, jc lib. The Leyne set to tua tenentis for sex oxgang land as waist, xv lib., icith iij firlottis multurt 2 R 314 ADDITIONAL CHARTERS [1615. [In addition to the excerpt given above, the rental contains details of rents and duties received from the lands of the baronies of Urquhart, Lethin with the lands of Ballivat and Ardclach annexed, Mulben, Muldaries and adjacent lands, the lands of Ard neidlie, Corsairtlie, Cowperhill, Knockando, Cardells, Glencumrie, Daltulies, AUochie, etc., the lands of Over and Nether Kilmynnities, the lordship of Abernethy, including the two Tullochs, Gartinmore, Riemore, Laggan, and Dalfour in Badenoch, the lordship of Glencarnie, and the lands of Rothiemurchus and Ballindalloch.] 257. Extract Discharge by Archibald Primrose to John Grant of Freuchie for 16,000 merks, being the fines of himself and clan for reset of the Macgregors. Discharge and Extract both dated 25 th February 1615. At Edinburgh, the tuenty fyve day of Februar, the yeir of God jmvjc and fyiftene yeires, in presence of the Lordis of Secrete Counsell, comperit Mr. Thomas Nicolsoun, aduocat, as procuratour for Archibald Prymrois vnder subscryvand, and gaf in the lettir of dischairge vnderwrittin, desyreand the same to be insert and registrat in the bookis of Secrete Counsell, to haif the strenth of ane decreit of the lordis thairof interponit thairto, with executoriallis to pas thairvpoun in forme as effeires, quhilk desyre the saidis lordis finding ressounable, thay haif thairfoir ordanit and ordanes the said letter of dischairge to be actit, insert, and regis trat in the saidis bookis, and hes interponit and interponis thair auctoritie thairto, and ordanes letteris and executoriallis to be direct thairvpoun in manner specifeit thairintill, off the quhilk the tennour followis : — I, Archibald Prymrois, writter, Forsamekle as the Lordis of oure souerane lordis most honnorable Preuey Counsell, with aduise and consent of Archibald Erll of Ergyll, Lord Campbell and Lome, his Maiesteis Lieutennent aganis the Clangregour, and of Sir Gedeoun Murray of Elibank, knycht, his Maiesteis thesaurar depute, for his Maiesteis and the said Erllis intress in the mater vnderwrittin, hes, be Act of Counsell of the daite the tuenty tua day of Julii jmvjc and threttene yeiris, gevin and grantit full power and commissioun to me and Archibald Campbell of Glencarradill, coniunctlie, be our selffis and our deputis in our names, for whome we salbe haldin to answer, to ask, crave, chairge for, ressaue, intromett with and vptak all sic sowmes of money as ony personis ar alredy fynit into, or heirefter salhappin to be fynit into, for thair ressett, supplie, and intercommoning with the said Clangregour, acquietances and dischairgeis vpoun oure ressaitt thairof to gif, sub- scryve, and delyuer, to the quhilkis acquietanceis the saidis lordis hes ordanit the seale of the said Erll of Argyle to be affixit, and being so maid, subscryuit, and sealit, the saidis lordis hes decernit and declarit the same to be valide, effectuall, and sufficient to the foirsaidis ressettaris, supplearis, and intercommounaris, not onlie for ane frie dischairge to thame of the sowmes quhairin they ar alredy or heireftir salhappin to be fynit ; bot lykwis the same acquietances to haif the full strenth, force, and effect of ane frie pardoun to the saidis 1615.] OF THE GRANTS OF GRANT. 315 ressetaris, supplearis, and intercomounaris for ony fact committit be thame in thair said ressett, supplie, and intercommoning with the said Clangregour, as in the same Act of Counsell at mair lenth is contenit ; and I lykwise haueand power and commissioun of the said Archibald Campbell to do all thingis for him concerning the ressettis of the saidis fynes and geving of the saidis acquietanceis that he micht do yf he wer personalie present, as in the com missioun gevin to me be the said Archibald, actit and registrat in the bookis of our souerane lordis exehecker, vpoun the xvii day of Februar instant, lykwis at mair lenth is contenit; and whareas be decreite arbitrall, of the dait the thrid day of Februar instant, gevin and pronuncit betuix the said Archibald Erll of Argyle on the ane pairt, and Johnne Grant of Frewchie on the vther pairt, the said Johnne is decernit and ordanit to content and pay vnto me the sowme of sextene thousand merkis money in compositioun and for full satisfactioun of the haill sowmes of money quhairin he, his freindis and tennentis vnderwrittin, ar fynit into for thair ressett, supplie, and intercommoning with the said Clangregour; thay ar to say, Johnne McEan VPatrik, bruthir to the goodman of Tullochorm, Swine Grant in Cur, Andro Schaw in Glen- charneich, Patrik Og Grant McThomas in Rimoir, John McDonachie in Garthinebeg, Alex ander Murray in Ardclaich, Alexander Murray his sone, William Gow in Rothiemune, William McKinla Condochie in Drum, Duncane Grant in Letauche, Archibald Grant, bruthir to the Laird of Glenmoreistoun, Neill Grant in Duthell, John McAUester in Daill, Gregour McGillespick Grant alias McGregour in Tullochryben, Patrik Grant in Tullochorme, Patrik McJakkie Grant in Tulloch, Johnne Grant in the toun of Abernathie, James M°Quene in Innerlydnene, William Dunbar in Cromdaill, Duncane M° James Og Grant, Ferquhair McAllester in Inrei, Allestir McKerquhair thair, Allestir Mc William MTnroy, Uesker [Wester] Tulloche, Allestir McKinla Condochie, Johnne McAllestir M°Indowy, Donald beg McConald moir, Thomas McEan VcInnes, Donald Og McConald Chalmer, Donald McGibboun in Awielochen, John M°Gibboun thair, Thomas Mc William, Rothiemune, Allestir Mc William Moir in Corthulli, Duncane McAllester Reoch in Awielochen, Duncane McWilliam Veig in Granishe, John Dow McAgie, browstir in Duchell, Robert Reid thair, John McConnald VcCowle in Dalrachnie, James McEan McJackie in Dalcharne, Patrik Mc Andro Mc Allane in Cromdaill, John McThomas Veikandiche, Johnne McSwine Grant, Allestir McThomas Roy, Allestir Mc Angus Veig, Johnne McWilliam McInroy in Eistir Tulloche, Allestir McConnald Cheir, broustir, John Grant, sone to Tullochorme, Patrik Roy McEan VcConald in Tullocheruben, William McThomas M° William in Rothiemune, Robert Grant, bruther to the Laird of Grant, Donald Gow in Abirnathie, Johnne Grant McWHHam McAUane in Auchnarro, Duncane Mc Williame Mc Allane his bruthir, Duncane Name, Johnne McGillimartene in Grinich, Robert McAndro Grant in Lurge, John McQuene in Balnaporte, James Grant in Petchirrell, Patrik Grant, sone to the Laird of Breyis, John Keir McConnald McCondochie M°Gillespick in Vrquhart, Huchen McEan Condochie thair, Duncane McEane Mulliche thair, Finla MTnnes Veig miller in Abirnathie, John Roy McIntargart, William McAllestir M°Ean Og, Allestir 316 ADDITIONAL CHARTERS [1615. Roy Grant in Soiglie, Duncane McPatrik McInroy, Allane Roy Grant, Johnne MTnmuliche, oificir in Vrquhart, Donald Oig McInmullich in Polmaleith, Auchine Roy in Loyne, James Grant in Foddellettir, John Grant, sone to Patrik McJockie, James McWilliam in Dillivorer, Allestir Og M°Allestir VcJames in Auchnahatniche, Allestir Dow M°Allestir Reoche in Granishe, Duncane McAne Glas in Vrquhart, and Patrik McIn Cay in Duchell, — quhilk sowme of sextene thousand merkis I grant me to haif presentlie ressauit fra the said Johnne Grant of Frewchy, haldis me weill content and payit thairof, and exoneris, quytclames, and dischairgeis him and the remanent personis abone writtin, thair airis and executoris, of the same for now and evir, and for thair bettir securitie, yf neid beis, I am content and consentis that this my acquietance be actit and registrat in the bookis of Secrete Counsell, or bookis of our souerane lordis Counsell and Sessioun, thairin to remane ad futuram rei memoriam, and to that effect makis and constitutis Mr. Thomas Nicolsone, aduocat, coniunctlie and seuerlie, my procura- toris, in vberiori forma ; promitten. de rato. In witnes quhairof, to this my acquietance sub scryuit with my hand (aud writtin be Mr. John Sydserffe, seruitour to Anthone Quhyte, writer), the seale of the said Erll of Ergyle is affixt, at Edinburgh, the tuenty fyift day of Februar, the yeir of God jravic and fyiftene yeiris, befoir thir witnessis, Gregour Grant in Gartmoir, Mr. James Prymrois, William Hutoun, William Jamesone, and Alexander Ogilvie, seruitouris to me, the said Archibald Prymrois. Prymrois; Gregour Grant, witnes; M. Primrois, witnes; Wm Hutoun, witnes; A. Ogilvie, witnes. Extractum de libris actorum Secreti Consilii supremi domini nostri regis per me Jacobum Prymrois clericum eiusdem sub meis signo et subscriptione manualibus. 1618.] OF THE GRANTS OF GRANT. 317 258. Bond by Sir Lachlan Mackintosh of Torcastle to Agnes Mackenzie, Lady of Dunachton, Elder, for 240 merks. 18th April 1618. I, Sir Lauchlane Mackintoshie of Torcastel, knicht, grantis mo to haue borrowit and receauit fra Agnes McKenzie, ladie elder of Dunnachtane, the sowme of tuelfscoir pundis mone vsuall of this realme, quhairof hauldis me weill contentit, satysfiet, and payit in num- berit mone, renunceand all exceptioun in the contrair, and be thir presentis disharges the said Agnes McKenzie, hir aires and executouris thairof, for euer ; quhilk sowme of tuelf scoir pundis mone forsaid, I, the said Lauchlane McIntoshe, as principal, and with me the richt honorabill Johne Grant of Frewchie, cautioner, souerty, and full detour for me, coniunctlie and seuerallie, bindis and obleissis us, our aires, executouris, and intromettouris with our landis, rentis, goodis, and geir quhatsumeuir, to thankfullie pay and delyuer to the said Agnes McKenzie, hir aires, executouris, assigneyis, or vtheris in hir name, within the brughe of Inuernes, betuix the dayt present and the feast off Witsonday nixtocum, in the yeir of God jmyjc allchttene yeiris instant, togidder with the sowme of thriescoir pundis mone by and attour the said principall sowme, for costes, skathes, and expenssis of registratioun heirof, and sutting executioun heirvpoun, incaice we, coniunctlie and seuerallie, faillies in peyment macking of the said principall sowme to the said Agnes McKenzie or hir forsaidis, at the day and dayt abonewrittin ; and forder, I, the said Sir Lauchlane, be thir presentis obleissis me and my forsaidis to warrand, releiue, harmles and skatheles keip the said Johne Grant, my cautioner abone namet, and his forsaidis, of the haill premissis and off all inconvenient that may result heirvpoun at the said Agnes McKenzie and hir forsaidis handis, and all vtheris mortall for euer ; and for the mair securitty we, principall and cautioneris, coniunctlie and seuerlie, consentis thir presentis be registrat in the bookes of Counsell, Sheriff or Commissar bookes of Inuernes, that lettres and executoriallis of poynding and horning may be derect heirvpoun on ten dayes charge allanerly, and to that effect constitutis our procuratouris to compeir and consent to the registering heirof : Promitten. de rato. In witness quhairof (writtin be Alexander Logane, notar), we, principall and cautionar, lies subscriuit thir presentis with our handis, att Inuernes, the auchttene day of Appryle jmvic and auchttene yeiris, befoir thir witnessis, Johne Grant of Glenmorestoun, William McIiitoshe of Borlum, Duncan Grant of Claualge, Robert Ferquharsoun ofFinzeane, and Alexander Logane, writer heirof. Jhone Grant of Glenmoristoune, witnes. S. L. M'Kintoschie off Torcastell, Robert Farcharsone, witness. Jhone Grant of Freuquhy, cationer. D. Grant, witnes. A. Logene, witnes. 318. ADDITIONAL CHARTERS [1620. 259. Lease granted by John Grant of Freuchie to Alexander M°William Moir in Corthullie, of the half town and lands of Corthullie. 29th February 1620. Be it kend till all men be thir present letteris, me, Johne Grant of Freuquhye, for ane certane sowme of monie deliuerit reallie and with effect to me be Alexander McWiUiam Moir in Corthullie in name of gressum, for this present assedatioun and letter of tak of the landis wnderwreattin, quhairof I hald me weill contentit, satisfeit, and compleitlie payit (renunceand the exceptioun of non-nowmerat monie, aith of partie, and all wtheris exceptiounis that may be obiectit thairanent), exoneris, quytclameis, and dischargeis the said Alexander, his airis, executouris, and assignais, for me, my airis, executouris, assignais, and all wtheris quhom effeiris of the samen for now and euer : Thairfoir me, the said Johne, with expres consent, consaill, and aduise of Schir Johne Grant of Mulben, knycht, my sone and apperand air, to hawe sett, and in tak and assedatioun, for the yeirlie payment and wpone the speciali provisiounis, conditiounis, and restrictiounis wnderwreattin, lattin, lykas I be the tenour heirof, with expres consent, aduise, and consaill forsaid sett, and in tak and assedatioun for the yeirlie payment efter expremit, and wpone the speciali provisiounis, restrictiounis, and conditiounis following, latt to the said Alexander McWilliam Moir, and to his airis and executouris of na hear degrie nor himself is of, all and haill that hallf toun and landis of Corthullie, extending to thrie oxgang land of the davach of Letoche, with the multuris thairof, houssis, biggingis, yardis, toftis, croftis, partis, pen dicles, outseattis, scheallingis, grassingis, pasturageis, moisis, muiris, commoditeis, and wniuersall pertinentis thairof, wsit and wount, lyand within the lordschipe of Abernathie, parochin thairof, and schirefdome of Elgin and Forres, presentlie possest be himself, togidder with the haill teyndis, bayth personage and wicarage, of the forsaid half toun and landis of Corthullie, with the pertinentis, extending and lyand as said is, for all the dayes, yereis, space, and termeis of nyntene yereis nixt and immediatlie following his entres thairto, quhilk salbe, God villing, and begin at the feast and terme of Whitsonday nixto cum, in this instant yere of God jm sex hundreth and tuentie yereis, and fra thyne furth to continew and induir during the foresaid space of nyntene yereis, and ay and quhill the samen be fullie and compleitlie togidder outrun, but interuall or brek of yereis, takis, or termes. And all and haill the forsaid half toun and landis of Corthullie, with the multureis, teyndis, and wniuersall pertinentis thairof, lyand and extending as said is, to be haldin and to be had to the said Alexander and his forsaidis of me, my airis and successouris, in tak and assedatioun, and to be peciabillie laborit, bruikit, joisit, and possedit be the said Alexander and his forsaidis during the said space, be all the rychteous meithis and marcheis thairof, as they lye in lenth and breid, in houssis, bigingis, yardis, wodis, waistis, planeis, moisis, muiris, medowis, gressingis, lasouris, pasturageis, etc, with libertie and pouer to the said Alexander and. his 1620.] OF THE GRANTS OF GRANT. 319 foresaidis during the said space new landis within onie pairt of the saidis landis and proper boundis thairof as they sail find maist commodious, to teill, ryif in, and win, fauldis, houssis, bigingis, and yardis thairwpone to big and wphald, and to that effect to cut and tak of my wodis, tymber, and widdieis to thair awin necessar wseis for plewis, kartis, sledis, currellis, harrowis, barrowis, and siclyk for all necessaris, but onie wrang or wnlaw to be socht thairfor, wpone thair aithis to be takin that thay nor nane wtheris in thair nameis be thair causing, command, knowledge, or allowance, sail gif or sell anie thairof to anie uther persone or personeis wnder the paneis contenit in the Actis of Parliament maid anent cutting of grene wodis ; and to cut and tak wther tymber for thair bigingis, according to ane warrand to be direct thairanent be me or my forsaidis, or our bailleis, to our forestaris, efter sichting of thair bigingis be our baillie or principall officer, with commountie and pasturage, frie ischue and entrie thairto, and with all and sindrie wtheris Hbertieis, commoditieis, profeitis, ease- mentis, and rychteous pertinentis pertening, or that justlie mey be knowinto appertene to the said half toun and landis of Corthullie, multureis and teyndis thairof, far and neir, als ffrielie weill and in peace as onie takisman of the lyik qualitie aucht or suld bruik, but onie impedi ment, reuocatioun, contradictioun, or aganecalling to be maid in the contrair be quhomsoeuer during the said space : Payand thairfoir yeirlie, the said Alexander and his forsaidis, to me and my forsaidis, or our chalmerlaneis in our name, as is wnderwreattin, at the termeis of payment respectiue as is wndermentionat ; to witt, for the saidis half toun and landis of Corthullie, with the multureis thairof, the sowme of tuentie-fyiwe merkis guid and wsuall Scottis monie in name of land maill at ane terme in the yere, viz., Mertimes in winter, but diuisioun yeirlie, sex pekis guid and sufficient multure victuall, thrie firlottis guid and sufficient custome malt yeirlie, betuix the feastis of Candilmes and Pasche, thrie quarteris of ane wedder, ane kid, thrie pultries, ane guis, half ane stane butter at the termeis of payment wsit and wount, with the schering and leading of sewin thraweis and ane stouk of corne in the Mayneis of Abernathie, the teilling of sex pekis aittis, sawing thair, the harrow ing of sex pekis aittis, sawing in the tath fauldis of the said Mayneis, with fewall to drye fyive bollis aittis thair, with thair awin service in all oistingis, wapinschawingis, hunt- ingis and convoyis to tryistis or wther publict meittingis, sufficientlie cled and furnesit with apparrell and wapinis as becumis, wpone thair awin chargeis, as they salbe requerit, with areage, careage, and dew service as onie wtheris thrie oxgang land within the parochin sail pay quhen the samen sail occur. And the said Alexander and his forsaidis payand yeirlie during the said space, to me and my forsaidis, for the saidis teynd schaweis, the sowme of Sextene schillingis aucht pennieis monie forsaid, and for the teynd vicarage thairof, the sowme of thrattie thrie schillingis four pennieis monie forsaid, at the termeis of payment accustumit or releueand me and my forsaidis of the samen yeirlie at the handis of the persone or mini ster of Abernathie and wtheris haweand rycht thairto, yeirlie during the said space, and of all taxatiounis and impositiounis that sail happin heirefter to be laid and imposit wpone the 320 ADDITIONAL CHARTERS [1620. saidis landis and teyndis pro rata during the said space, be king or kirk ; and siclyk the said Alexander and his forsaidis sail answer and compeir in all courtis of the lordschipe of Aber nathie as they salbe warnit thairto, and sail for thair awin partis, according to wse and wount, and as they salbe requerit, big, wphald, and inhald the dam of the myll of Aber nathie, and carie tymber and staneis thairto, as bund and thrall suckin to the samen. Forder, the said Alexander and his forsaidis sail in all tyme cuming during the said space, Hue and behawe thameselfis as guid and faythfull subiectis, obedient and answerabill to his Majesteis lawis in quiet and sober maner, but doing wrang or iniurie to anie persone or personeis. And gif it sail happin the said Alexander and his forsaidis, at onie tyme heirefter during the said space, to be attacheit, accuseit, or convict of thift, airt, pairt, or reset of thift, or yit for schuitting at deir or rae, or for slaying thame with gunnis and wther forbiddin wapinis, or yit for slauchter of kipper and black fische in forbiddin tyme, or yit for destroy ing of my wodis be raising of muirburne, in thir caceis or ather of thame, to wit, ather of thift, airt, pairt, or reset of thift, or yit for schuitting at deir or rae, or for slaying of thame, slaying of kipper, or destroying of onie of my wodis be raising of muirburne, this present tak and assedatioun to be thairefter null and of nane availl, force, nor effect, bot alluterlie cassit, sopit, and annullit as the samen had neuir bene, and the nullitie to be proponit be way of exceptioun ; and forder, it sal nocht be leisum to the said Alexander nor his forsaidis, at onie tyme heirefter during the said space, to dispone, sell, annalie, or put away this present tak and richt of the saidis landis and teyndis, in haill or pairt, to onie persone or personeis, but the speciali consent and aduise of me and my forsaidis had thairto, quhilk if they do, this present tak and assedatioun in that cace to be thair efter null and altogidder invalide, and of nane availl nor effect, except onlie it salbe lesum to thame nochtwithstanding heirof, to dispone the samen to thair barneis, oyeis brether, brether barneis, sister soneis, brether in law, father brether, or mother brether, being contrayth men and natiue borne men thairin, of na hear degrie nor thameselfis, to the quhilk dispositioun to be maid in that maner, I and my forsaidis sail consent, and the samen dispositioun sua maid sail infer no nullitie nochtwithstanding of the clame forsaid. Mairower, in cace it sail happin the said Alexander and his forsaidis to faillie in tymous and thankfull payment to me and my forsaidis of the forsaid sowme of tuentie fywe merkis monie of land maill yeirlie, and ilk yere at the said terme of Mertimes, and that the samen rin wnpayit till the nixt feast of Whitsonday, and sail nocht be compleitlie payit aucht dayis befoir the said feast of Whitsonday, in that cace this present tak, with all that may follow thairwpone, salbe thairefter null and of nane availl, force, nor effect, bot alluter lie invalide, and the saidis landis and teyndis, and thair pertinentis, sail returne again and appertene to me and my forsaidis, and be at our dispositioun als frielie as gif thir presentis bad neuir bene, and the said nullitie to be proponit and decernit be way of exceptioun as said is but preiudice of payment of all bygane deutieis that then sail happin to be restand wnpayit. 1620.] OF THE GRANTS OF GRANT. 321 And I forsuith, with consent forsaid, faythfullie bind and obleis me and my airis, als weill maill of taillie and provisioun as of lyne and successouris, to warrand, acquiett, mantein, and defend this my assedatioun and letter of tak of the landis abonespecifeit, with thair pertinentis, to the said Alexander and his forsaidis, in all and be all thingis as is abone writtin, during the said space of nyntene yereis, for payment of the deutieis forsaidis yeirlie, as is abonespecifeit, wpone the speciali conditiounis, provisiounis, and restrictiounis respectiue abone expremit, contrair all mortall, as law will, and sail warrand the saidis teyndis, personage and vicarage, fra my awin fact and deid allanerlie, and that I nor my airis nather hawe done, nor sail do onie thing in preiudice herof. Lykas, the said Alex ander, for him and his forsaidis, hes acceptit, and be thir presentis acceptis the forsaidis landis and teyndis, with thair pertinentis, in tak and assedatioun, during the said space, of me and my forsaidis, for payment, and wpone the seuerall conditiounis, provisiounis, and restrictiounis respectiue forsaidis. In witnes quhairof, I and the said Schir Johne, in taikin of his consent heirto, hawe subscriueit thir presentis, wreattin be Johne Donaldsone, notar, my seruitour, with our handis, at Frewquhye, and the last and dayis of Februar the yere of God jm sex hundreth and tuentie yereis, befoir thir witnesis, Robert Grant in Lurg, Patrik Gibsone of Scherrefmyll, Johne Grant in Garthinbeg, James Grant in Ochterblair, Allane Grant in Letoche, and the said Johne Donaldsone, wreatter heirof. Gressum, ic merkis. (Sic subscribitur), Jhone Grant of Frewquhye. 260. Warrant by George Marquis of Huntly to Sir Lachlan Mackintosh of Torcastle, Knisht, to wadset certain lands. 13th June 1620. We, George Marquise of Huntle, Lord Gordoun and Badzenot, etc., and George Lord Gordoun, be the tenour heirof consentes and condiscendis that Sir Lachlane M°Kintoische of Torrecastell, knicht, sail wadsett for his weill and commoditie, and defrayeng of certain of his lesum effeares, the tounes and landis of Essiche, Drumdellchik, Coignaskaliche, Kincrage, Lytill Dunnachtane, the third part of Pittevre and Meikill Dunnachtane, aye and quhill the terme of Witsonday in the yeir of God jmvic and tuente thre yeiris, and that but ony actioun of recognitioun to be intentit be ws, our airis, executouris, and assigneyes quhatsumewer ¦ Provyding alwayes that gif it sail happin the said Sir Lachlane nocht to redeim the saidis landis abowe wrettin at the said terme, that thain and in that caice this present consent and wreit to be null of it selff, and we to haiff full liberte and actioun to the persuit of the actioun of recognitioun as gif the present consent had never bein maid, and this present wreitt to effectuat no longer bot to the said terme of Witsonday, and to expyre in it selff; and for the mair securite we are content and consentes that thir presentes be insert and 2 s 322 ADDITIONAL CHARTERS [1620. registrat in the buikis of Cunsell or Sessioun ad futuram rei memoriam, and to that effect constitutis conjunctle and seuerallie, our lavfuU procuratouris, promitten. de rato, etc., be thir presentes, wretten be James Andersone, servitore to the Lord Gordoune, and subscriuit with our handis at Huntle the threttein day of Jun, the yeir of God jmvic and tuente yeiris, befoir witnessis, Patrik Stevart, servitore [to] the said Lord Gordoun, Alexander Bailze of Dunzean, George Sutherland, servitore to the said Sir Lachlane, and the said James Andersone, wretter forsaid. Alexander Bailzie Huntlye. of Dunzeane, witnes. G. Gordoune. George Sutherland, witnes. S. L. M'Kintosche P. Stewart, witnes. off Torcastell, consentes. J. Andersone, vreter and witnese. I, be thir presents, prorogat the contents of this wreitt effectuallye in all points as they are theyrin specifyed, for the space of thrie yeares after Whitsonday jmvic twentye thrie, provyding alwayes that I be not therbye prejudged in brooking the warde of the lands abone specifyed. G. Gordoune. I, be this presents, prorogate the contents of the endorsed writt for thrie yeares after 1626, in so farr as it may not be prejudiciall to my brooking of the ward lands abone specifyed. G. Gordoune. 261. Accounts by Gregor Grant of his Expenditure on behalf of Sir John Grant of Mulben, younger of Freuchie, in two journeys to Edinburgh in 1620. Vpoun Tysday the first day of Februar 1620, the laird younger tuik journay Southe, being in cumpanie sex gentalmen with thair horssis and ane led hors and nyne boyis, all the way to St. Johnestoun. Item, the samin nycht, the laird being in Foynes in young Belindallacbis hous, gevin to the nurische of wages, .... xx s. Item, the secund day to the boyis to drink be the way, at the lairdis command, . iij s. Item, at Blakwater, to ane man wha fand Thomas Johnestounes clok, quhilk yed [went] with the water and careage of the samin to the boit of Arclache, . xij s. Item, for ferreing of the boyis thair, . . . . . iiij s. Item, in Torresowll for the supper to the haill cumpanie, boyis and horssis, . vi li. vj s. Item, the thrid day for the disioone at the kirk of Tullanessall, . . iij li. vj s. viij d. Item, payit of fraucht at the boit of Done, the water and wynd being exceding grite, . . .... xx s. 1620.] OF THE GRANTS OF GRANT. 323 Item, in Afoorde for the supper and braikfast vpoun the nixt day and horssis meit, . . . . . . . . vj li. xvj s. viij d. Item, of wages to nyne boyis thair that nycht and vpoun the morne to denner, xxxvj s. Item, to ane boy wha come fra Knokandoch with the laird to A foord, and serveit all the way (the boyis being befoir), at the lairdis command, . . iiij s. Item, in Kincardin for drink and sum meit eftirnoone, we being ferrie stayed, . viij s. For ane pect half pect corne to the horssis, . . . viij s. Item, of fraucht at the boit of Die, . . . xvj s. Item, for the supper the samin nycht in Mureailhous, and horssis meit, . iij li. xvj s. viij d. Item, of wages to nyne boyis for ane meale, ... . xviij s. Item, vpoun the morne for the fasting drink thair and sum breid, . vj s. Item, to the servand las of drink siluer thair, . . iiij s. Item, the fourt day of the said monethe payit in Fetercarne for the denner, . xl s. Item, for corne and breade to the horssis, . . . . xij s. Item, to the boyis of wages thair, . . xviij s. Item, the samin nycht in Forfar for strey and stablefie to sevin horssis, xiiij s. Item, for four pectis ane lippie of corne at evin and morning, xxviij s. iiij d. Item, for breade to the lairdis horssis, . . . . . v s. Hij d. Item, the samin nycht payit for the supper and braikfast in the morne, being bot sex persones, . . . . . . v li. x s. Item, the fift day, of wages to nyne boyis for the haill day, . xxxvj s. Wpoun Sonday the sext day at nycht the laird come to St. Johnestoun, wheare he remanit twa nychtis. Item, the samin nycht to the tounes pyper who come in eftir supper to the ludge- ing to play, . . . ... xij s. Item, payit to the stabiller for stray and stablefie to sevin horssis for twa nychtis, xxviij s. Item, for twa firlottis twa pectis corne during the samin space, . . iij li. vj s. viij d. Item, for breade to the lairdis twa horssis during the foirsaid space, . vij s. vj d. Item, of wages to nyne boyis the sevint day for the twa males, . . . xxxvj s. Item, to aucht boyis the nixt day, litle Gregour Mein haifing gone to his maister — to aucht boyis, .... . xxxij s. Item, reackoned with the goodwyff for ordiner and extraordineris, and payit to hir during the said space, . . vij li. Item, to the laisses of drinksiluer, . . • viij s. Item, to ane idiot poet at the lairdis command, . . • vj s. Item, to the poor folkis at yet [gate], . XVJ d. Item, to ane puire man at the Brig of Ern, viij d. 324 ADDITIONAL CHARTERS [1620. Item, payit at Falkland vpoun Tysday the 8 of Februar for the lairdis eftirnoone, haifing thairto ane point of wyne, ..... xxx s. Item, the samin nycht come to Brunt Hand, and payit thair for stray and stablefie to sevin horssis, ......-• xnij s. Item, for fyve pectis ane lippie of corne, at 8s. the pect, .... xiij s. Item, the samin nycht for twa quartis aill to Johne Harroweris wyffe, . . viij s. Item, to James Broune's wyff for the supper, beddis, and denner vpoun the morne, . . . . . . • . iij li. vj s. viij d. Item, the nynt day to sex boyis wha wer directit hame with the horssis — to everie boy for himself and his hors, Iiij s. iiij d. — Inde, ... xvj li. Mair to the lairdis boy at the lairdis awin command, . . xij s. Item, payit at the ferrie of fraucht, .... . xlviij s. Item, in Leithe the samin nycht for ane point of wyne and breade, . xij s. Vpoun Wednisday the 9 day at nycht come to the Cannogait to Effie Wilsone's hous. Item, the samin nycht for fyre, chalmermaill, and candle, with ane point aiU, xxvj s. viij d. Item, for the supper to the cumpanie, the laird being seik, . xxvij s. Item, for the lairdis broun hors that nycht in stray and meit, . . vj s. Vpoun Thurisday the 10 day come to the toun, and enterrit in Johne Home's foirchalmer. Item, the samin day, for ane tbroghe of gilt paper to the laird to wreit ane missiue, xij d. Item, the samin nycht for candle, ... vj s. Item, vpoun Fryday the elevint day for ane leade of coles to the chalmer, . x s. Item, of drinksiluer to the tailyeouris boyis wha maid the lairdis claithis at the lairdis awin command, ....... xviij s. Vpoun Sonday the 1 3 day, gevin at the College kirk to the tas, . . . iiij s. Item, the samin day, to Dauid Ros to pay for waishing the lairdis claithes, . vj s. Item, on Mounday, the 14 day, gevin to Patrik Grant to by necessaris the lady desyrat to by, . . . . . . . vj li. xiij s. iiij d. Item, on Tysday, the 15 day, gevin of wages to Johnne Murrayis nurische, . xxiiij s. Item, for ane gray hat to the laird, ..... iiij li. xiij s. 4d. Item, the samin nycht for candle, . . vj s. Item, for ane leade of coles, . . . . . x s. Item, send to whissilleris and drummeris who come to the doore, the laird being at supper, . ....... xij s. Item, vpoun Wednisday, the 1 6 day, thair wes ane consultatioun with the aduocattis befoir the calling of the reductioun. Item, the samin day , to Mr. Thomas Hope twa peces at . . xxvj li. xiij s. iiij d. 1620.] OF THE GRANTS OF GRANT. 325 To Mr. Thomas Nicolson twa roisnobles at . . xxj li. vj s. 8d. To Mr. James Oliphant twa roisnobles at .... xxj li. vj s. 8d. To Johnne Belscheis ane duble angell at . . . . . xiij li. vj s. viij d. Item, to Mr. Thomas Hopes man, . . . . -iij U. vj s. viij d. To Mr. James OHphantis man, Mr. Alexander Cheyne, wha hade the haill proces in keping, . . . . . . . . . vli. To Mr. Thomas Nicolsones man, .... -iij U. vj s. viij d. Item, the samin nycht at supper, the goodwyff being skant of meit, gevin for ane veale roist out of Johnne Roxbruches, ..... viij s. Item, vpoun Thurisday, the 17th day, gevin to Willie Mullen, Rothemurchus man (at the lairdis command) to tak him hame, ..... xxx s. Item, gevin to the maiseris for the lairdis acces to the tolbuithe at all tymes neid full, ane pece at . . . . . .xiij li. vj s. viij d. Item, vpoun Fryday, the 18 day, to Mr. Alexander Gibson, clerk, . . xlli. Item, vpoun Saterday, the 19 day, to Mr. Johnne Skeyne, clerk of billis, for passing the suspensioun aganis Mr. William Clogie, ane roisnoble at . Item, the samin nycht for ane leade of coles, Item, for candle, ....... Item, gevin to the laird to play with the maister of Deskfoorde, Item, for ane scabert to the lairdis swoorde, Item, ane lang crampet to the vther swoorde, Item, vpoun Sonday, the 20 day, to the tas at the kirk doore, Vpoun Tysday, the 22, to ane whisseller come to the doore, Item, the samin day, to the clerk of billis for passing the suspensioun aganis Mr. Patrik, ane roisnoble, at . . . . x li. 1 3s. 4d. Item, for the act of cautioun, . . . xxvj s. viiij d. Item, for William Grantis act of cautioun, . . xxxvj s. viij d. Item, of drinksiluer for baithe the actis, . ... xxx s. Item, Wednisday, the 23, for ane leade of coles, . . . . xs. Item, vpoun Thurisday, for the lairdis denner, with his haill cumpanie, in Johnne Carmichellis hous, ........ xiij s. Item, to ane puire dumb man at the Abey kirk, .... viij d. Item, to Thomas Coutes man for writting of thrie copeis, . ¦ xij s. Item, vpoun Fryday, the 25 day, being the day our caus wes callit be the aduocat, the chancellare refuising to do the samin ane vther day, gevin to the aduocat for calling of caus fyve peces at . . . iijxxvj li. xiij s. 4d. Item, to Mr. Thomas Hope the samin day, the caus being to be reasoned, twa Harie nobles at . xviij li. xiij s. 4d. li. xiij s. iiij d. xs. vjs. xxxvj s. xviij s. viij d. iiij s. iiij s. 326 ADDITIONAL CHARTERS [1620. To Mr. Thomas Nicolson, ane duble angell at . . .xiij li. vj s. viij d. To Mr. James Oliphant, ane vther at . . . . xiij li. vj s. viij d. Item, to the belman for balding bak the twelft hour till the caus wer reasoned at lenthe, .....•••• xxiiij s. Item, to the maiseris the samin day, our act of litiscontestatioun being pronunceit, ane angell at . . . • • • vj li. xiij s. 4d. Item, the samin nycht for ane leade of coles, . . . x s. Item, for candle, . . . . • • • vj s. Item, for skenyie threid to fastin sum waires wes cuming hame, . . vj d. Item, gevin the samin day to Finlay Caddell, who wes directit hame, . . xxx s. Item, the last of Februar, our act of litiscontestatioun being buikit and extractit, at quhilk tyme aduocatis fauour keithit wes rememberit, gevin the samin day in consideratioun of the samin, conforme to ane pactioun preceding, iijcxxxiij li. vj s. 8d. Item, to Mr. Alexander Gibsoun for the act of litiscontestatioun, extracting and buiking thairof, . . . . • • . xl li. Item, to his men of drinksiluer, . . ... iij li. vj s. viij d. Item, that samin nycht of drinksiluer to Frances Durhames nurishe, the laird being thair at supper, .... xij s. Item, for tobaco coift be Dauid Rois the samin nycht, ... iij s. Item, for making the dischairge and bandis betuix ws and Johnne Murray, . xxx s. Item, gevin to litle Gregour vpoun promeis allegeit maid to him to help to tak him to court, . . . . . . . j° li. Item, the samin day to the sangster Gowdie, at the lairdis command, . . xij s. Item, gevin be the laird to young Mr. Alexander Gibson at his leifetaking, twa roisnobles at ...... . xxj li. xiij s. 4d. Item, gevin to Robert Boner in full satisfactioun of ane band of ij° merkis, jcx merkis. Item, for ane point of sweit wyne to the supper, thair being cumpanie writh the laird, . . . . . . . . xs. Item, to Mulleachan the clairscher, at the lairdis command, and deliuerit be him self, xxx s. Item, to Johnne Hunter the tailyeour for ane compt the young laird wes restand to him, ....... xxxiij li. vj s. viij d. Item, vpoun Fryday, the 3 of Marche, gevin to Patrik Grant to by necessaris to the ladey, . . . . . . . vj li. xiij s. iiij d. Item, the samin day gevin to the young laird to tak him hame with his cumpanie fyve peces at ...... . iijxxvj li. xiij s. 4d. Item, on Saterday, the fourt of Merche, comptit with the guidwyff, and payit to hir for hir furnissing and chalmermaill all the tyme of the lairdis being thair, as hir awin compt beires, ...... vijxxxix li. 1 9s. 1620.] OF THE GRANTS OF GRANT. 327 Item, the 15 day of Merclie, quhilk wes day appointit to the witnessis to be ressauit and admittit ; the Lord Gordoun thinking to haif gottin our act rescindit, the witnessis not to be admittit, and he to be hard, as at the first instance. Gevin to Mr. Thomas Hope that day, the caus being cum to reasoning, twa Harie nobles at ... . . . xviij li. xiij s. iiij d. To Mr. Thomas Nicolson ane pece, . . xiij li. vj s. 8d. To Mr. James Oliphant ane vther at ... xiij li. vj s. 8d. Item, the samin day eftirnoone, eftir examinatioun of the witnessis, for thair doles, . . . . . . . iij li. vj s. viij d. Item, the samin day to the four Aulderne witnessis to tak thame hame, . x li. xiij s. 4d. Vpoun Thurisday, the 16 day of Merche, our aduocattis being convenit for consulting anent the thrid reasoun of our libell, instructing the auld lairdis diuiding of the landis and teind for quhilk he wes chairgeit, and the young lairdis rycht and possessioun, and for setting doun the ordour of ingeving of the writtis, quhilk being sychtit and consultit vpoun be thame, if we thair eftir we mycht renunce probatioun or not. Item, at the samin tyme gevin to Mr. Thomas Hope twa roisnobles at . xxj li. xiij s. 4d. To Mr. Thomas Nicolsoun, ..... . xx li. To Mr. James Oliphant ane duble angell at . . xiij li. vj s. viij d. To Johnne Belscheis ane roisnoble at x li. xiij s. 4d. To Mr. Thomas Nicolsones man, . iij li. vj s. viij d. To Mr. Thomas Hopes man, . iij li. vj s. viij d. To Mr. James OHphantis man, . . ... iij li. vj s. viij d. Vpoun Saterday, the 25 day of Merche, our caus wes to be aduisit and concludit, eftir I hade returnit frome Coldinghame with Mr. William Duglassis approbatioun of the acquittances gevin to the young laird, for nothing moir wantit that mycht serve the turne. The clerk haifing takin in the proces to haif bene concludit, the lord Gordoun, our aduersare pairtie, haifing vrgeit the calling thairof him self, we feareing his vehemencie and not knowing what he hade to say, be convoy of the clerk, James Gibsoun, abstractit the kuist and haill proces for that day, so that thair wes nothing thairintill at that tyme, quhilk moveit ws to vrge ane consultatioun of our lawiouris the samin day eftirnoone, at quhilk consultatioun : Gevin to Mr. Thomas Hope twa peces at .... xxvj li. xiij s. 4d. Item, to Mr. Thomas Nicolsoun ane roisnoble with ane angell at . xvij li. vj s. viij d. To Mr. James Oliphant ane duble angell at ... xiij li. vj s. 8d. 328 ADDITIONAL CHARTERS [1620, Item, to everie ane of thaire men, iij H. vj s. viij d. — Inde, . . x li. Item, to Johne Belscheis ane rois noble — Inde, . . . x li. xiij s. 4d. Item, on Fryday, the 24, when the clerk wes desyrit to tak in the proces to be aduisit. Gevin to him self thrie roisnobles at ..... xxxij li. Item, to his sone, young Mr. Alexander, for his paynis in solisting and making ane grite number of the lordis vpoun our syde, twa peces, . . xxvj li. xiij s. 4d. Item, vpoun Tysday, the 28 of Merche, the caus being gevin in agane and callit and reasoned, ane of the reasones illedit at the aduocattis instance, and decreit pronunceit in our fauouris vpoun the vther twa reasones. Gevin that day in the morning to Mr. Thomas Hope, . xx li. To Mr. Thomas Nicolsoun ane roisnoble at . . x li. xiij s. 4d. Item, to the maiseris, ane angell, . . . . . vj li. xiij s. 4d. Item, gevin to James Douglas, writter, for taking ane officer of armes out of the toun of Duns, in the Mers, to Coldinghame, and chairging of Mr. William Douglas to gif his aithe vpoun the reasones of the libell, ane angell at vj li. xiij s. iiij d. Item, to Mr. Alexander Gibsoun for the act of renunciatioun of the forder probatioun, xl s. Item, to him for the decreit, ane pece at . ... xiij li. vj s. viij d. Item, to his men of drinksiluer, . . ... iij li. vj s. viij d. Item, to the writtar for writting of the suspensioun aganis Mr. Patrik, . . xxiiij s. For the signating of the samin, . . . . . . . xs. Item, for writting the suspensioun contrar Mr. William Clogie, xxiiij s. For the signet to the samin, . . ... x s. For the suspensioun aganis Mr. Dauid Dick, . . . xxiiij s. For the signet, ..... . . x s. For the letter of horning aganis Moynes, . . . xviij s. For the signet to the samin, it contening poinding, xxxj s. viij d. Item, for the summondis of warrandice aganis Mr. Patrik, . . xx s. For the signet thairto, . . . . . . . . x s. Item, payit to the goodwyff for four glaissis quhilkis wer brokin in the lairdis chalmer, .... .... xiiij s. Item, to the maidines of drinksiluer, . . . . . xx s. Item, gevin to Andro Reid, stabillare, for the lairdis hors all the tyme off his being in Edinburgh, and for the gray hors for ane certane space, and for sex witnessis meit and bed for four haill dayis, conforme to his awin compt gevin of the particulares, ....... xix li. j s. 4d. Item, payit to the taverner boy for thrie pointis of wyne, quhilkis he gaif his aithe wes brocht to the lairdis chalmer, and we culd not find in compt, . xxxs. 1620.] OF THE GRANTS OF GRANT. 329 Item, payit for the denner to the haill sex witnessis in Johnne Houmes hous, the day they wer attending to be admittit and sworne, .... xxix s. Item, payit to James Gibsoun, quhilk he payit for the mending of the lardis mountour, . . . . . . . . iij li. vj s. viij d. Item, for registratioun of the zoung lairdis tak of teindis, by and attour the fyve merkis send, . . . . . . . xx s. Item, for twa pair of letteris laborrowis and spuilzie raised aganis the men of Straithem, etc., ....... iiij li. Item, for the not of plat for instructing the suspensiounes aganis the ministeres, . xxxs. Item, to ane berer to gang for Ernsydis wreittis in my Lord Rothes improbatioun, xl s. Item, for taking vp the wreittis produceit in my Lord Rothessis improbatioun, iij li. vj s. vuj d. Item, to Johnne Meene, merchand, for confectit reasour berreis [red currants] send to the laird when he was seik at Leathin, . . . . . . iij li. iij s. Item, payit to James Tarres at twa seuerall tymes he wes directit to Inuernes to chairge Angus Williamson and bairnes, and denunce and registrat, at everie tyme ane angell ; inde, ...... xiij li. vj s. 8d. Item, my chairges fra the thrid of Merche to the vij of Aprile, myself with ane boy and hors hyrit to Coldinghame, to get Mr. William Douglassis approbatiouu to the zoung lairdis acquittances. Item, gevin to Lawrence Keir, for the setting doun of the conditioun betuix ws and Mr. Johnne Oliphant, .... iijxxvj li. xiij s. 4d. Vpoun Mounday, the 26 day of Junii, the young laird come to Blair vpoun his journey southe, accompaneit with sex horsemen and thair boyis. Item, payit the samin nycht for the supper to himself, his haill cumpanie and vther auchtein persones, futemen of cuntrethe men, . v li. Item, to ane fidlar thair, . . . . . . . ¦ vj s. Item, to ane poore auld wyff thair, . . . . . xij d. Item, to ane poore crepple man, .... • vHj d. Vpoun Tysday the 27 day, payit for the braikfast in Robert Reidis hous in Straithtey, and for beir to the hors, ...... xxvj s. Item, the samin day, at Murtlycht, for twa pectis corne to the horssis, . . xij s. Item, of wages to fyve boyis that day, . . . ¦ • . x s. Item, gevin at the lairdis command to the skinner of Ballachastell at the lairdis command, he meting ws be the way, . . . • • vj s. Item, in Huntintour at nycht to ane gangrall woman at the lairdis command, . uj s. Item, in Scoone the samin nycht for horssis meit, . . • . vj s. 2 T 330 ADDITIONAL CHARTERS [1620. Item, on Wednisday the 28, gevin to twa poore folkis at the yet of Huntingtour, . iij s. Item, the samin day in Kyneswoode, for girs to the lairdis horssis, . iij s. 4d. Item, for twa pectis corne, .... . x s. Item, for sum meit and drink to our selffis and boyis, . xx s. Item, the samin nycht in Brunt Hand, for the supper, . . xxx s. Item, of wages to the boyis, ... . . x s. Item, to thrie boyis who wes directit hame with four horssis, amangis thame selffis and horssis, . . . . . . . iiij li. Item, to Gilbert Stevinsone to tak him self with twa horssis to Foules, . . xij s. Item, payit for fraucht at Leyth, ...... xxxvj s. Item, payit the samin nycht in Leyth for twa beddis being lait acuming of the sey, viij s. Item, vpoun Thurisday, the 29 day, gevin to ane man wha careit our graithe fra Leyth to Edinburgh, . . . . . . iiij s. Item, for Patrick Royis denner, being the graithe in Johnne Homes hous that clay, ij s. Item, the samin nycht the laird come to Cannogait and remanit the space of [two] nichtis in Effie Wilsones hous. Payit thair during the samin space, conforme to the particulare compt gevin thairof, for ordineris and extraordineris, ... xij li. xij s. viij d. Vpoun Saterday, the first of Julij, come to Edinburgh to Johnne Homes foir chalmer. Item, the samin day payit for twa hundrethe chirreis to the laird, . xx s. Vpoun Mounday, the 3 day, gevin to Johnne Grant to by shoes at the lairdis com mand, ....... . xxiiij s. Item, the samin day to Sir Mungo Murrayis boy whoe come with ane missiue, vj s. Vpoun Fryday, the 7 day, at nycht, for ane quart helthsum aill, . iiij s. Vpoun Saterday, the 8 day, at nycht, payit for the hyre of thrie horssis quhilkis the laird hyred to Alloway, . . . . . v li. iiij s. Vpoun Sonday, the 9, to Patrik Grant to pay for the waishing of the lairdis claithis, xvj s. Item, the samin, in the eftirnoone, payit at Leithe in George Archibaldis hous for the eftirnoone, ...... . xxxvj s. Item, the samin nycht to Johnne Murrayis nurische, the laird being thair at supper, ....... xxiiij s. Vpoun Tysday, the 1 1 day, gevin to Budgie the pauiour, . . vj s. Item, to Patrik Roy being send to Scoone -with ane missiue, . . .xvj s. Item, to Mr. Thomas Young for seiking and finding furthe of the Practick, L. Thirlstane aganis Meatland of Lethingtoun, quhilk we wes informit be our lawiouris wald haif maid for ws, to him for his awin paynis ane angell, vj li. vj s. viij d. 1620.] OF THE GRANTS OF GRANT. 331 Item, mair to him to gif to the clerkis man for the booke to the samin wer ex- tractit, and for the extracting of the samin, contening nyne throghes of paper, ane vther angell, . . . . . . vj li. vj s. viij d. Item, on Wednisday send out for twa quartis aill, .... viij s. Vpoun Wednisday, the 12 day, our aduocattis being convenit to ane consultatioun anent the defenssis to be proponit aganis the Lord Gordounes reasounes of reductioun. Gevin to Mr. Thomas Hope twa peces at . . xxvj li. xiij s. iiij d. To his man, . . . . . . . iij li. vj s. viij d. xxvj li. xiij s. iiij d. . iij li. vj s. viij d. . xxvj li. xiij s. 4d. . iij li. vj s. viij d. xx li. To Mr. Thomas Nicolson, vther twa peces, To his man, ...... To Mr. James Oliphant, twa peces, To his man, Item, to Johnne Belscheis, .... Item, the samin nycht at supper to ane crepple man who played on the trump, . xij s. Nota, payit to Johnne Murray for James Gibsoun, . . . xliij li. Item, on Fryday, the 14 day, for twa quartis aill to denner, . . viij s. For vther twa quartis to supper, . . . viij s. Item, the samin nycht to twa sangsteris that come to the doore, . vj s. Item, vpoun Saterday in the morning for ane quart wormewoode aill, iiij s. Item, the samin day at braikfast in Johnne Homes hous, thair being sum cum panie with the laird, ... ¦ xxiiij s. Item, eftirnoone for twa quartis aill, . viij s. Item, at supper for twa quartis aill, . . • viij s. Item, on Sonday at denner for twa quartis, ..... viij s. Item, eftirnoone for ane quart, ... . • H'J s- Item, at supper twa quartis, ... . • vnj s. Item, on Mounday in the morning for wormewoode drink, . mj s- And for tobaco to the laird, ..... vj s. Item, for ane point of wyne, Sir Mungo and Johnne Murray being with the laird, x s. Item, the samin day for ane quart aill, .... lnJ s- Item, to Thomas Johnestoun to by bran to the lairdis dogs, iiij s. viij d. Item, vpoun Tysday for aill at morning, ... • i"j s- Item, at denner tua quartis, . . • V11J s- Eftirnoone ane quart, .... • • iiij s- Item, at supper tua quartis, ....-¦ viij s. xxxs. xvjs. xs. XX s. vjs. xvjs. 332 ADDITIONAL CHARTERS [1620. Vpoun Wednisday in the morning ane quart, . . . • .iiij s. At denner tua quartis, ....... viij s. At supper tua, . • • viy s. Item, vpoun Thurisday for aill, ...¦•• xx s. Vpoun Fryday, gevin to witnessis quhilkis wer summonit our Bellindallach aganis Caroun vnnecessarlie, and the laird haifing satlit the particulare all to the witnessis expenssis, quhilk they culd not agree vpoun, and thairfoir befoir the laird suld lat thame lous agane and be hard befoir the counsall in sic idle and nochtie actiounes to thair disgraces and thair cheiffis also, he being in the toun, resolved to pay the expenssis, quhilk wes . vj li. xiij s. 4d. Item, the samin day to James Bayne, wha wes directit hame, Item, the samin day for aill, .... Item, for ane point of sweit Frensche wyne, .... Item, on Saterday for aill, ...... Item, on Sonday to the tas and be the way betuix and College kirk to the puire Item, for aill to denner and supper, . ... Item, at the lairdis command, payit for ane pair of schoes to , . xxvj s. viij d. Item, to the kirk officer for the lairdis seat, ... vj s. Item, to the laird himself, to be gevin to Rob Scott, the violer, . . . xxxvj s. Item, the 21 (20) of Julii, payit in Effie Wilsone's hous for twa supperis, the laird being in the Abay attending the Erll of Mar, and thair being in cumpanie sum of the Erles folkis with his awin cumpanie, .... ixli. Item, for ane choppeine of wyne eftir reackoning, ... vs. Vpoun Saterday, the 22 day, at morne, gevin to Mr. Thomas Hope, the Lord Gordounes reductioun being to be callit that day and reasoned, and the pre sident aduising ws not to lat our aduocattis know of the submissioun past amangis ws, bot to suffer the mater be reasoned in heest measour, so that we suld sie hou the mater suld go, in cais it hade not bene packit vp be submissioun. Item, the samin day, gevin to Mr. Thomas Hope, . . xx li. Item, to Mr. Thomas Nicolson ane pece at ... . xiij li. vj s. viij d. Item, the samin nycht, gevin to Patrik Grant to be gevin for waishing of the lairdis claithis, . . . . . . . . x s. Item, vpoun Sonday, for ane chopeine Renishe wyne to the laird, . . xij s. Vpoun Tysday, the 25, for ane quart aill at denner, .... iiij s. Item, vpoun Wednisday at morne, for ane quart of wormewoode, . . . iiij s. Item, the samin day, to denner for aill, . . . . . iiij s. To the supper, for ane quart, . . .... iiij s. 1 620.] OF THE GRANTS OF GRANT. 333 Item, payit in Seargeane Jeakis hous for wyne and eftirnoone drink, Glenmoristoun and sum vtheris being with the laird, ..... xxiiij s. Item, vpoun Thurisday, gevin to Patrik Roy for going to Foules for the lairdis horssis, xxiiij s. Item, the samin day, for ane quart aill to the braikfast, .... iiij s. Item, to Gilbert Stevinson, at the lairdis command, to pay for shoone and bootes, xl s. Item, in Alexander Watsone's hous, gevin for tobaco with ane pype, the laird haifing dynit thair with Glenmoristoun, . . . . . iiij s. Nota, on Sonday, the 16 day, for washing the lairdis claithes, payit be Patrik Grant, viij s. Item, gevin to Mr. Alexander Gibsoun, elder, when the laird tuik leife of him, . xl li. To his sone, young Mr. Alexander, . . . . . . xl li. Item, to his men, of drinksiluer, for writting of the commissioun grantit for exami natioun of the witnessis at hame, . . . . iij li. vj s. viij d. Item, vpoun Mounday the last of Julii, gevin to Johnne Belscheis for his comperance in all the lairdis vther turnes, and for setting doun the depositiounes of the witnessis in forme to be brocht northe, ane roisnoble at . x li. xiij s. 4d. Item, at the samin, gevin to him self and his man, William Buchannan, the braikfast, xxiiij s. Item, gevin to the porter at Nether Bow, the laird being going out vpoun his journey hame at tuelf houris at nycht, . . . . xij s. Item, payit in Leyth for beddis that nycht and braikfast to him and cumpanie on the nixt morning, to the laird and his cumpanie, payit be James Gibsoun, quhilk I payit to him agane, . . . . iij H. Item, payit to Andro Reid, stabillare, for Thomas Johnestounes naig haifing staid with him xvij nichtis, at vj s. ilk nycht — Inde, . . . . v li. ij s. Item, payit of extraordineris to Johnne Homes tauernour all the tyme the laird wes thair, for beir, aill, and ane chopeine wyne, xiij s. viij d. Item, payit to hir quhilk wes borrowit fra hir, I being furth, to be gevin to Rob Scot, violer, by and attour the 36 1 gaif to the laird my self to be gevin to him ther, ...... • xxxvj s. Item, for the ladyis pickinkill and dressing, . vij li. x s. Item, for ane kuist to carie the samin, ..... viij s. Item, payit for Patrik Grant and my self, wha steyit twa meales eftir the laird doing his turnes, . .... xxvj s. viij d. For our bed that .nycht, . . . . • iij s- Item, for our bed, Jame Mathou and Gilbert Stevinson being with ws, . . xij s. Item, payit in Brunt Hand for twa horssis four nychtis, fyve horssis thrie nychtis, at vj s. nychtlie,twa hors xx s., for shooing of horssis xx s., for drink with sum meit to the laird eftir landing, fyve boyis wages for four dayis, all being comptit, and sum meit to our selfis eftir landing, all being comptit, extendis to . xiij li. 334 ADDITIONAL CHARTERS [1620. Item, for our awin supperis in paresche, ..... xij s. For gres to our horssis, . . . . . ¦ ¦ iiij s. Item, payit in St. Johnestoun for girs and stablefie to sevin horssis, . xxviij s. Item, to sex boyis of wages, ...... xxiiij s. Item, to the gudewyff, the laird and ane with him being in Scone, . . xl s. Item, at the lairdis returne fra Scone, payit for drink with sum meit to the laird and cumpanie, ....... xiij s. iiij d. Item, for waishing the lairdis claithes thair, . . . . xij s. Item, to the laisses of wages, . . vj s. Item, payit in Lochend in Stormound for meit and drink, the laird Pitfirran being with the laird, ........ xxiiij s. Item, payit in Straithardle for ane pair single soillit shoes to the laird, . . . . . s. Item, payit for the supper thair and sum meit we tuik with ws vpoun the morne, v li. Item, to the boy that careit the samin with ws, . . . . vj s. Item, payit to the goodwyff in Edinburghe eftir compt futit with hir, as hir awin particulare gevin thairof beires, for furnissing chalmer maill and all, ijcvj li. ix s. 4d. Item, payit to the Exchequer for the mailes of Glencharnych, Vrquhart, and Glen moristoun, as the eque beires, . . viijxxxij li. Item, to the clerkis and ischeris, as is writtin vpoun the bak of the eque, . vj li. xiij s. iiij d. Item, vpoun the fourt day of October instant send to Inuernes to William Gray thair for his comperance for the lairdis people duelland within the schire of Inuernes, wha wer trublit be the shirref for slauchter of blakfische, and pro- dueeing thair of the dischairge gevin be the chancellares commissaris to all his people aganis whom they haif commissioun, and thairvpoun to haif taikin instrumentis, ....... xxx s. Dorso. — Gregour Grantis compt giffin to the Laird of Grant, in the quhilkis he wes superexspendit vjcxiij li. vj s. 8d., as the young laird and Johne Donaldsone will testifie, [etc.]. 262. Commission by King James the Sixth appointing Colin Lord Kintail, John Grant of Freuchie, and others, Justices and Commissioners to pursue the Clan Cameron with fire and sword, etc. 18th June 1622. James, be the grace of God, King of Grite Britane, France, and Irland, Defendair of the Faith, to all and sindrie liegeis and subiectis quhome it effeiris, to whose knawledge thir our letteris sail come, greeting : Forsamekle as we, haveing now, by the force of our royall power and auctoritie, and by our most prudent and wyse gouernament, reduceit the whole Ilis and 1622.]' OF THE GRANTS OF GRANT. 335 Heighlandis of this our kingdome to obedience, and establisheit peace, iustice, and quietnes within the same, to the comforte of all our goode subiectis within the Ilis and continent nixt adiacent, thair is onlie ane lymmair, to witt, Allane Cameroun of Lochyell, that lyis oute and refuiss to give his obedience, who being vnwoorthie of our favour formarlie shawne vnto him when he stoode in danger of our lawis, and haveing maid shipwrack of his faith and promeist obedience, and shaking of all feare of God, reuerence of ws and our auctoritie, and regaird of iustice, and being diuers tymes rebell and at our home for craell and detestable murthouris and otheris insolencyis committit be him, he now hes associat vnto himself a nomber of otheris theivis, traytouris, and lymmaris, by whome he intendis to interteny ane oppin rebellioun, and to disturbe and disquiet our peace in the Heighlandis, whilkis we with so grite panes, travellis, and expenss haif satled in obedience. And whereas it is a mater tuitcheing ws verie heighlie in honnour, that suche ane vnwoorthie cative sail so long stand oute as gif he wer nouther subiect to king, law, nor iustice ; and we, vnderstanding the goode affectioun of our traist cousine, Coline Lord Kintaill, and of our truistie and weelebelovittis Sir Lauchlane MTntoshe of Dunauchtane, Sir Rorie McCleud of Hereiss, John Grant of Freuquhie, Sir John Campbell of Caldell, Campbell of Auchinbreck, Sir Coline Campbell of Ardinkinglas, John M°Donald Mc Allane VcEane of Ilantyrum, capitane of the Clan Rannald, Sir Donald Gorme of Slaitt, Campbell of Lochinyell, Sir Rori McKenyee of Cogaithe, Sir John Grant, appeirand of Frewquhie, John Grant of Glen moristoun, Sutherland of Duffus, Sir Mungo Murray of Drumcairne, Donald McAngus of Glengarrie, McFarIane, appeirand of Arroquhair, Dauid Ross of Holme, Robert Campbell of Glenfallache, Williame Dollas of Contra, Andro McFersane of Clunie, Duncane MTntoshe of Abirdour, Malcolme M°Intoshe of Brwme, and Patrik Grant of Ballindallache, to do ws service, and how thay wil be cairfull and willing to vndergo quhatsomeuer panes and trauellis in our service that sal be concredite vnto thame : Thairfoir we, with aduyse of the L .rdis of our Secreit Counsaill, haif made and constitute, and be the tennour heirof makis and constitutis the personis abonewrittin, and eueryone of thame, conjunctlie and seuerallie, oure Justiceis and Commissionaris in that pairt to the effect vnderwrittin; gevand, grantand, and committand to thame, conjunctlie and seuerallie, our full power and commissioun, expres bidding and chairge, to convocat our liegeis in armes, and to pas, searche, seik, hunt, follow, and persew, with fyre and sword, the said Allane quhereuer he may be apprehendit ; and to keepe, hold, and deteane him in sure firmance and captiuitie ay and quhUl thay may convenientlie exhibite him befoir the Lordis of our Previe Counsaill, to the effect ordour and directioun may be gevin for his pvnishe- ment as accordis : And gif it sal happin the said Allane, for eshewing of apprehensioun, to flee to strenthis and houss, with power to our saidis commissionaris, coniunctlie and seuerallie, to pas, follow, and persew him, assedge the saidis strenthis and houss, raise fyre, and vse all kynd of force and wearelyke ingyne that can be had for wyneing and recouerie thairof and 336 ADDITIONAL CHARTERS [1622. apprehending of the said Allane being thairintill : And gif in persute of the said Allane, he refuseing to be takin, or assedgeing the saidis strenthis and houss, it sail happin the said Allane, or ony being in companie with him and assisting him, or within the saidis strenthis and houss, to be hurt, slayne, or mutilat, or ony other inconvenient quhatsomeuer to follow, we, with aduyse foirsaid, willis and grantis, and for ws and our successouris, decernis and declaris that the same sail not be impute as cryme nor offence to our saidis commissionaris, nor personis assisting thame to the executioun of this our commissioun, nor that thay nor nane of thame shall nocht be callit nor accused thairfoir criminallie nor civilie be ony maner of way in tyme comeing ; nochtwithstanding quhatsomeuer actis, statutis, or proclamationis maid in the contrair, quhairanent we, with aduyse foirsaid, dispenss be thir presentis : And for the better executioun of this our commissioun, with power to oure saidis Justiceis and Commis sionaris, and to the personis assisting thame in the executioun of this our commissioun, to beare, weare, and vse hacquebuttis and pistolettis in the tyme of thair going fra thair awne houss for our seruice in the executioun of this our commissioun, and during the tyme thay ar in the prosequutioun of the said seruice, and in thair returning thairfra to thair awne houss allanerlie : Prouyding alwayes that thay do not beare, weare, nor vse the saidis hacquebuttis and pistolettis against ony of our laufull, obedient, and goode subiectis, vtherwayes this present warrand and power grantit to thame for bearing and wearing the saidis hacquebuttis and pistolettis to be null and of nane availl, force, nor effect : And generallie all and sindrie otheris thingis to do, exerce, and vse quhilkis for the executioun of this our commissioun ar requisite and necessar ; firme and stable holding and for to hold all and quhatsomeuer thingis our saidis commissionaris, conjunctlie and seuerallie, sail laughfullie do heirin ; chairgeing heirby yow all and sindrie oure saidis liegeis and subiectis, to reuerence, acknawledge, and obey, ryse, concur, fortifie, and assist our saidis commis sionaris, coniunctlie and seuerallie, in all thingis tending to the executioun of this our commissioun, and to do nor attempt nothing to thair hinder and preiudice, as yow and ilk ane of yow will ansueir to us and our Counsaill vpoun your obedience at your heighest chairge and perrell. This oure commissioun vntill the feast of Alhalloumes, in the yeir of God jmv[j]c and tuentie three yeiris, but reuocatioun to indure. Gevin vnder our Signet at Edinburgh, the auchteene day of Junii, and of our reign the fiftie fyve and tuentie yeiris, 1622. Per actum Secreti Consilii. Ja. Prymrois. 1631.] OF THE GRANTS OF GRANT. 337 263. Latter Will and Testament of Annas Grant, Lady Mackintosh. 9th October 1624. The letter vil of Annas Grant, Ladie MTntoisce, vreittin be Mr Patrik Lausoune, servitour to the Ladie Grant, at the He of Moey, the 9 of October 1624 yeiris. Imprimis, the custodie of hir coifferis, vith thair continentis, grantit to my sister Katherin, to be givin to my dochter quhen scho is of perfyt age. Item, ane thousand markis vpon band in Hectour M°AHster Vic Eachin, present occupier of the landis of Moy Moir, disponit to my dochter to be put in vse be the Laird of Duffus to hir effect. Mair, thrie hundret merkis to be takin with my trunk in Fynlaw Skinner his house, to my eldest sone VilHam, the rest to be givin to the Laird of Duffus to my dochteris effect. Mair, my scarfe to be givin to the Ladie Duffus, my sister. Mair, my mauise to be givin to the Ladie Balvenie, my sister. Mair, my flourit taiffatie goune, lying in my trunk in Inuernes, to my sister Katherin. Item, my gray nage left to Mr. Patrik Lausoune for attending my sonne. Mair, all vessel], cups, insicht plenissing, pottis, truncheris, silver spunis, to my eldest sone Villiam. Mair, tua pair of quhyt plaidis, vith ane schuit [sewed] covering, left to my gud frend Bescie Hay, spous to John Donaldsone. Mair, four bollis victual, left to Katherin Vaus four dochteris, vith tua bollis to hir self. Mair, my servandis fies to be payit be my husband vith the crappe, and the rest to cum to his awin effect. Item, my blak velvet purse, vith quhatsumewir is contaned thairin, to my husband, quhilk all vith my bedding presentlie in the Iii of Moy, left to my husband. Quhilk all abone specifiet, I subscryve vith my hand, befoir thir vitnesses, James Grant, sone to Suine Grant in Curre, James Hay, sone to James Hay in Lethinbar, and Mr. Patrik Lausoune, vreittar of the premisses, vitnes, and Villiam MTntoische, vitnes, my husband. James Grant, vitnes. Annas Grant. James Hay, witnes. 264. Letter by King Charles the First to the Privy Council of Scotland, approving their proceedings with the Laird of Grant. 31st July 1631. Chaeles R. Right trusty and welbeloued cousin and counsellour, right trusty and welbeloued cousins and counsellours, and right trustie and welbeloued counsellours, wee greete yow well. Wee haue heard how yow haue made the Laird of Grant to produce . . . Alaster Grant, a rebell, to be subject to the tryall of our lawes, . . . wee do approue of the maner of your proceeding, so 2 U 338 ADDITIONAL CHARTERS [1631 wee do of your care and diligence in the speedie execution, for which wee giue yow hearty thanks, and are willing (if yow shall find it convenient) that yow insist not onely to tak the like course with the said Laird of Grant, but likewise with our right trustie and welbeloued cousin and counsellour, the Marquise of Huntlie, for produceing all such rebells who as yet stand out, and whom, by the generall band, they are bound to exhibite, and with all such noblemen and others who, by vertue thereof, are subject in the like kind when the like occasiones shall happen to occurre, which wee will tak as most acceptable seruice done vnto vs, which speciallie recommending vnto your care, wee bid yow farewell. From our Court at Oatelandes, the last day of July 1631. [Dorso.] — To our right trustie and right welbeloued cousin and counsellour, to our right trusty and welbeloued cousins and counsellours, and to our right trustie and trustie and welbeloued counsellours, the Viscount of Duplin, our Chanceler, the Earle of Morton our Thesaurer, the Earle of Monteith, President of our Priuie Counsell, and remanent noblemen and others our Priuie Counsellours of our kingdome of Scotland. 265. Letter by The Same to The Same, respecting the continuation of the trial of Alaster Grant. 10th November 1631. Charles R, Right trustie and welbeloued cousin and counsellour, right trustie and welbeloued cousins and counsellours, and right trustie and welbeloued counsellours, wee greete yow well. Whereas wee haue giuen order to yow . . . who are here, for composing of such [differ ences among the name] of Grant, not intending thereon that such [as have] transgressed our lawes and broken our peace in those parts [should escape,] if anywayes found guiltie or accessarie therevnto ; and . . . that Alaster Grant (who of a long time hath been a prisoner . . . alleadged against him of this kind), is shortlie to be put to his tryall ; ... it is requisite for the better clearing of the truth herein, that some longer time be prescribed for that purpose : Our pleasure is that the said tryall be continued till the tenth day of Aprile ensueing, before which time we will exspect that farther light wilbe giuen therein. Wee bid yow farewell. From our Court att Whythall, the tenth day of Nouember 1631. 266. Letter by The Same to The Same respecting the further continuation of the trial of Alaster Grant. 28th March 1632. Charles R. Right trustie and right welbeloued cousin and . . . cousins and councellours, and right trusty and . . . well. Whereas upon good consider . . . Alaster Grant, wee were pleased that his tryall should . . . tenth day of Aprile ensueing. The like reasones now moving vs th[at some] longer time be granted, our pleasure is that his tryall be continued [unto] the first day of . . . ensueing, before which time [wee] will exspect that further light shalbe 1635.] OF THE GRANTS OF GRANT. 339 giuen in that busienesse : And [in] the meane time, that yow giue order for composing of the differences among the name of Grant, taking such suretie as is requisite of any person w[hom] yow shall think may disturbe our peace in those parts ; which recomending vnto your cair, we bid you farwell. From Whythall, the 28 of March 1632. 267. Letter by The Same to The Same, respecting the trial of John Grant of Glenmoriston, at his own request. 21st April 1632. Charles R. Right trustie and right welbeloued cousin and councellour, right trusty and welbeloued cousins and councellours, and right trustie and welbeloued councellours, wee greete yow well. Whereas John Grant of Glenmoriston hath long attended [at] our Court, humblie crauing of vs that wee wold be pleased to give order that a course might be taken for his tryall, touching some imputationes wherewith wee were informed against him, who, being willing to vnderly the law, and to that effect to be tryed either before the Justice Generall, or any other judicatorie yow shall think competent : Our pleasure is that yow tak sufficient suretie of him for his, his sonnes, brothers, and seruants appearance before yow, or any judicatorie thought competent by yow, at such a day as yow shall think fitt to prescribe, that he may enjoy the benefite of our lawes as is ordinarie in the like cases. Wee bid yow farewell. From our Court at Whitehall, the 21 of Aprile 1632. 268. Commission by King Charles the First to Sir John Grant of Freuchie, Knight, against broken men within his bounds and elsewhere. 17th February 1635. Charles, be the grace of God, King of Great Britane, France, and Ireland, Defender of the faith, to our lovitts messengers, our shireffs in that part, conjunctlie and seuerallie, speciallie constitute, greeting : Forsamekle as it is vnderstand to the Lords of our Priuie Counsell that there is a nomber of the disordered and brokin lymmars of the Hielandes that of late hes brokin louse, and in troupes and companeis comes doun to the incountrie, and to others parts and bounds nixt adjacent to the Hielands, where they have committed cruell and barbarous murders and slaughters, and manie stouthes, reiffs, heirships, and depredations vpon our peaceable and good subjects dwelling in the incountrie ; and they ar the farther encouraged to continew in thair lawlesse and insolent doings be reason that the landslords, in whois bounds thir insolenceis ar committed, pretends excuses anent the not following and persewing of thame throw default of speciali commission not givin and grantit vnto thame for that effect ; and whereas now manie of the landslords ar putt vnder caution for making thair men, tennents, and servants, and suche others as by the law they must be comp table for, obedient to law and justice, and it being verie necessar for the peace of the countrie and the better suppressing of thir brokin lymmars that the saids landslords be armed with power and commission to follow and persew thame with 340 ADDITIONAL CHARTERS [1635. fire and sword, for this purpose we have givin and grantit, and be the tennour heirof gives and grants our full power and commission, expresse bidding and charge, to our weilbelouit Sir Johne Grant of Frewchie, and his bailleis, for whome he sail be answerable, to convocat our lieges in armes, and to pas, searche, seeke, hunt, follow, and persew, with how and cry, all and sindrie theeves, sorners, and maisteiiesse persons, committers of murder, slaughter, fire raising, reaffe, thift, and oppressioun within his bounds, and all ydle and maisterlesse men wanting lawfull and sufficient testimonialls of thair birth, residence, and trade of life, where and in whatsomeuer parts and bounds they may be apprehended, and to take and apprehend thame, and to present and exhibite thame to the shireff of our shire, or others judges ordinar nixt adjacent, to vnderly thair tryell ; and for the better execution of this our commissioun, with power to our saids commissioners, and suche persons as sail aceompanie thame therein, to beir, weir, and vse hacquebuts and pistolets in the execution of the said commission allanerlie, and no otherwayes, and with speciali provision that they doe not weir nor vse thame aganis nane of our lawfull and good subjects ; and if thir brokin lymmars, theeves, and vagabounds, for eshewing of apprehension, sail flee to strenths and housses, with power to our saids commissioners to pas, follow, and persew thame, assege the saids strenths and housses, raise fire, and vse all kinde of force and warre- like ingyne that can be had for wining thairof and apprehending the lymmars being therein ; and if, in persute of the saids lymmars, or assieging of the saids strenths and housses, there sail happin slaughter or anie other inconvenient whatsomeuer to fall out, we declare that the same sail not be impute as crime nor offence to the saids commissioners or the persons assisting thame in the execution of this our commission ; exonering and releev- ing thame of all pane, crime, skaith, or danger that they or anie of thame may incurre there- throw for euer : And forder, we declare that in whatsomeuer bounds our saids commissioners or thair servants sail deprehend anie stollin goods, that the maister of the ground and bounds sail ather caus restore the goods to the awners, with the interest and domage, or otherwayes, that they sail be haldin to exhibite the stealers or the persons with whome the stollin goods sail be deprehended, before our counsell and Justice, to vnderly thair tryell and punishement. Our will is heirfoir, and we charge yow straitlie, and commands that inconti nent thir our letters seene, yow pas, and in our name and auctoritie command and charge all our lieges and subjects, be opin proclamatioun at all places neidfull, to reverence, acknowledge, obey, rise, concurre, fortifie, and assist our saids commissioners in all and euerie thing tending to the execution of this our commission, and to doe nor attempt nothing to the hinder nor pre judice thairof, as they and euerie ane of thame will answer vpon the contrare at thair perrell : And we declare that we have grantit this commissioun with this speciali provision and expresse command to our saids commissioners, that they once euerie quarter of ane yeere certifie our counsell of thair proceedings, otherwayes this our commissioun to be null. The quhilk to doe we committ to yow, conjunctlie and seuerallie, Our full power be thir our letters, delyver- 1647.] OF THE GRANTS OF GRANT. 341 ing the same, be yow dewlie execute and indorseit, agane to the bearer. Givin vnder our signet, at Edinburgh, the sevintene day of Februar, and of our raigne the tent yeere, 1635. Per actum Secreti Consilii. ,, „ ^ M. G. Prymerose. 269. Certificate in favour of Sir John Grant by Mr. John Chalmer, Minister of Inveravon, respecting his diligence in searching for James Grant of Carron. 4th January 1636. To the Right Honorabill the Lordis of His Majesties Most Honorabill Privie Counsell, health in our Saviour, Jesus Christ. Be it knowen as I, Mr. Johne Chalmer, minister of Godis word at the kirk of Inveravin, do testifie that the Laird of Grant hes done reall diligence in searching and for apprehending of the rebellis, James Grant, Robert Grant his brother, and Georg Grant his sone, by sending out ane number of habill and fensible men of his kin and friendis, who came to ye boundis of my parochin of Inveravin to ye goodman of Balnadallach yonger, attending his direction for apprehending the saidis rebellis, and vent accompanied with some men of Balnadallach his own chese, and searched and socht all ye boundis therabout, and dyveris vtheris partis, as I wes surelie informit, and stayed fra hame ane long tyme in that service, and tlierefter he sent out ane number of his men to the countrey of Strathdown for searching and apprehending of the saidis rebellis, and missing them they apprehended and tuik tuo of ther associatis followeris, whom they caried to the place of Ballachastell ; and, as I am informit, becaus this publick forme of searche hes nocht succeided for the so haistie expedition of that service as he expectit, he being most earnest to haue the same accomplisit (as I haif hard of himself and vtheris be privat conference), he is privatlie dealling with some men, vpon promise of large revardis, to haue the saidis rebellis tacken and delyverit to him, deid or aliue. These premissis I, vpon my conscience, testifie to be of truth be thir presentis, wretten and subscriuit with my hand at Inveravin, the fourt day of Januari, theyeir of God 1636. M. J. Chalmer, minister of Godis word at the kirk of Inveravin. 270. Inventory, in form of an Instrument, by James Grant of Freuchie, of the plenishing in Castle Urquhart at his entry thereto. 27th June 1647. At the Castell of Wrquhart, the tuantie sewint day of Junij, the yeir of God jmvjc fourtie sevin yeiris, and of his Majesteis regne the tuantie fourt yeir, etc. THE quhilk day the richt honourabill James Grant of Freuquhye, haiffing taikin to considera- tioune how his mansioune and maner place of Wrquhart being alluterlie spoilzieit,plunderit, and abvsed of the whole pleneisching, goodis and geir and insicht quhilk was thairintill and within the samene, and to prevent any actioune or inconvenient that might heirefter result or incur vpon the said James Grant, as intromettour with any goodis, geir, pleneisching, insicht. 342 ADDITIONAL CHARTERS [1647. or vtheris of that nature, quhilk might be any wayes be alleigit to be within the said castell of Wrquhart and houssis thairof be any partie quhatsoever, directit the honest men and me, notar publict vnderwritten, with Mr. Johne Grant in Dalchappel, as procu[ra]tour for the said James Grant of Freuquhye, to sight, visit, and considder the saidis castell of Wrquhart and houssis thairof, togidder with what goodis, geir, pleneisching, insicht, and vtheris whatsumewer was in the samene castell and houssis thairof; conformelie to the quhilk directioune, Johne Grant of Dalrachnye, Duncane Grant of Cwr, Williame Falconar in Freuquhye, Williame Grant of Kardellis, James Grant of Ouchterblaire, the said Mr. Johne Grant, procurator forsaid, and Robert Farquhar, notar publict, went and sichtit, visitit, and considderit the said maner place of Wrquhart Castell, and haill houssis and woltis thairof, haill goodis, geir, pleneisching, and insicht thairintill, and fand nor nawayis war any thing thairintill bot as followis : that is to say, to witt, in the chalmer abone the hall, ane bed of tymber, ane taffill, ane furme ; in the wolt chalmer, ane bed of tymber, ane taffill ; in the hall, ane boorde, ane furme, ane taffill, ane chaire ; in the seller, ane old kist, without any kynd of vther wairis, pleneisching, goodis or geir whatsumewer, in all or any of the saidis houssis and maner place forsaid, except allennarlie beare wallis. Quhilkis haill pleneisching, goodis, and geir abone wreittin, was not estemat to be abone in wrorthe abone tuantie poundis Scottis money ; and thairfoire the said Mr. Johne Grant, procurator foirsaid for the said James Grant of Freuquhye, protestit and declairit, in name of the said James Grant, that he suld be no forder comptabill or ansuer abill to any persone or pairtie whatsumewer, haiffing or pretending to haif entres to any goodis, geir, or anything whatsumewer within the said castell and maner place of Wrquhart, and haill houssis thairof, bot allennerlie conforme to the inventare and particularis abone specifeit, allennerlie and no forder, and protestit to be saiff and frie of all forder actioune and perrell of law nor the vallour and extent of the said inventare : Wpon quhilkis all and sundrie pre missis, the said Mr. Johne Grant, procurator forsaid, and in name of the said James Grant of Freuquhye, requyrit and tuik instrument and instrumentis in the handis of me, Robert Farquhar, notar publict vnderwrittin. Thir thingis [wer] done within the said mansioune and maner place of Wrquhart, and the seuerall houssis thairof respectiue, at fywe houris efternone or thairby, befoir thir witnessis, Andro Hay, Donald Makeowin, Jon Makinnab, seruitouris to the said James Grant of Freuquhye, witnessis requyrit and desyrit to the premissis. Ita est, Robertus Farquhar, notarius publicus ac testis in premissis et ad premissa specialiter rogatus et requisites, teste manu propria asseruit. Ro. Farquhar, norius asseruit. 271. Testificate by the Laird of Freuciiie's Brothers and Sisters as to his liberality in their settlements. 22d August 1653. We wndersubscry weris, brotheren and sisteris to James Grant of Freuquhy, doe heirby regrait the wnnaturall and wnkynd dealeing of Alexander Grant, our brother, with the said James Grant his brother, in suiting (as we conceive) such wnlaufull actiones agaynst him as he hes 1658.] OF THE GRANTS OF GRANT. 343 intendit, to our greate discontent, considering the poore conditione of lyvelieheade the said James Grant had at his beginning, eftir his deceist fatheris deathe, being then in such conditione of necessitie, that betuixt his motheris and grandmotheris lyferent and wther burdens of debt, baithe by band and on wedset, he wes forcit to sell ane good pairt of his living at that tyme far within the just vaulue thairoff, and yit for paying thair contractit burdens off debt, he is forcit to dispone in wedset wther lands, and till by God's providence he obtaynit by mariage ane reasoneable competent dote and tocher he had litle or no com- petencie off living, and so had litle mantenance to bestow on ws ; yit we most acknoledge he hes bein so fordward for our good and for our helpe that we hawe no just reasone to compleane, and in speciali lies bein so kynd to the said Alexander, that he did bestow on him ane competencie of living as if he had bein frie of burden, and hes ouer burdened himselfe for his helpe and profeite ; and further, we declair our brother to haue bein alse kynd to ws as if he had bein frie of all burden, and tyed and oblist to ws by ane obligatione, and hes (to testifie the truethe of the premissis) by instance quhen occasione off matches offered for any of ws matchit alreadie tuo ; ane sister with the Laird of Gairloche, and another gentleman our brother callit Robert, now deceist, on quhome he did bestow according, yea, and beyont his abilitie. The premissis we declair and testifie to be true by these, subscriuit with our hands att Freuquhy, the tuentye tua day off August jmvj° and fyftie thrie yeiris, befoir thir witnessis, Captan Johne Hepburne, William Lamount, Patrick Thomsone, and Andro Gilzean, wreiter heireoff, seruitouris to the said James Grant of Freuquhy. And. Gilzean, wreiter and witnes. Pat. Grantt. Pa. Thamsone, witnes. Mowngo Grantt. Johne Hepburne, witnes. Lillias Grant. Thomas Grant. Georg Grantt. 272. Supplication by the Presbytery of Strathspey and Heritors and Wadsetters of the Parishes of Abernethy, Kincardin, Glencarnie, and Rothiemurchus, to Parlia ment for leave to appropriate the byrun stipends of the vacant parishes for the erection and maintenance of a school. Circa 1658. To the richt honorabiU the Lords and wtheris of the Parliament appoyntit for billis and trade — The humble supplication of the presbyterie of Strathspey, and of the heritours and wedsetters of the parochine of Abemethye and Kincarden being wnite, and of the parochine of Glenchairniche and Rothymurchus being also wnite ; Humblie shewethe, — Quheras thir sewerall yeiris bygane the kirkis of Abemethye and Kincarden being annexed, and the kirkis of Glenchairniche and Rothymurchus being also annexed, hawe bein 344 ADDITIONAL CHARTERS [1658. wacant without ministers, the one kirk being wacant fywe yeiris and the wther three, ilk ane therof fywe hundrethe merkis yeirlye, and so the people of the respective parochines frustrat of the benefeit of the word and sacraments; and the parochiners of the saids parochines being bot poor, and the rent therof within the samen of Htle walue, and lying farr in the Hielands from anie burgh or incuntrey for educatioun of their children, they not being able to plant or prowyd for anie schoolmaister ther, ther being none yit plantit, or anie mantainance to be had for thame, and seing the saids stipends wacant wnpayit cannot be more piouslye nor better disposed wpoun nor for planting and prowyding of sume mantain ance for ane school in ilk ane of the saids parochines : Heirfore humblie craweis that your Lordships wilbe pleaseit to appoynt and ordain the saids wacant resting stipends for the wse abonespecifeit, and to giwe warrand to the supplicants, or anie of thame, to collect and ingather the samen from the severall personeis addebtit theirin within the saids parochineis, to be applyed for the wseis abonewrittin, as your Lordships sail appoynt and your Lordships answere. James Grant of Achchernek. James Grant of Frewquhye. Mungo Grant of Comingeis. M. Gilbert Marshall, minister at Cromdell. James Grant of Toulloch. Mr La. Grantt, minister att Kinghoussie. J. Grant of Gartinmore. Mr. Ja. Dick, minister at Laggan. JN Grant of Delrachnie. Mr. JoN SANDERSONE,moderatour of the presbitrie James Mackintoische. of Straspey. Mowngo Grant. W. McKintosche. Patt Grant off Miltoun. Allexe Schawe. Patt. Grant. Swoyne Grant of Gartinbeg. James Grant of Lynnichurne. Ro. Grant off Ochterbr. 273. Notarial Instrument respecting the service of men from Tullochgorm, Clurie, and Curr, in demolishing the Sconce at Inverness. 1 1th June 1662. At the Sconce, near Inverness, the elevint day of Junij, one thousand sex hundred sextie and two years. That day, in presence of me, notar publict vndersubscryving, and witnesses after specifiet, compeared personallie James Ogilvie of Wester Cur for himselff, and in name and behalff of 1663.] OF THE GRANTS OF GRANT. 345 the Laird of Grant, Patrick Grant of Tullochgorme, Patrick Grant of Clurie, and James Lowson of Eister Cur, who past with me to the said Sconce, quher at that tyme he hade twelve men for the thrie davaches of Tullochgorme, Clurie, and Cur, working and casting downe the Sconce in obedience to the Earle of Murrayes ordour direct to them, and declaired that he saw none from the Earle of Murray to comand them, or oversie them, nor to bid them work, or to leawe off, nor knew not how long they should continow in work. In respect quherof, and that he saw none others come ther to work nor to oversie them, took instruments in the hands of me, notar publict vndersubscryving, quher they gave ther appearance and wrought conforme to order, and that they wer willing and readie to continow in the said work quhill they wer dischairgit, if they hade seine ane oversier or others working at the said work, and therfor the said James Ogilvie for himselff, and in name and behalff forsaid, protested to be frie of any inconvenience or prejudice that might follow or be chairgit on the countrey. This wes done betuix fyve and sex houres in the afternoone, day, year, and place forsaid, in presence of William Dunbar, sone to James Dunbar in Belnacrie, George Cuming, kirk officer of Invernes, and James Vrquhart in Schachray, witnesses to the pre missis called and required, etc. Et ego vero Joannes Neilsone, notarius publicus, in testimonium veritatis premissorum rogatus et requisitus hoc presens publicum instrumentum signoque nomine et cog- nomine meis solitis et consuetis signavi et subscripsi. Jo. Neilsone, nolus publicus, etc. 274. Copy Patent of proposed Earldom of Strathspey in favour of James Grant of Freuchie. Circa 1663. Our Sovereign Lord, considering that his Majesty is the sole fountain of honour within his Majesty's dominions, from whom does flow all titles of honour and dignity, which his Majesty and his most noble progenitors have always conferred as the reward of virtue upon such as deserve to be promoted for their loyalty and faithful service, and his Majesty per fectly understanding and taking to mind the many good, eminent, and faithful services done and performed to his Majesty and his most royal progenitors by his Majesty's lovit, James Grant of Freuchie, and his predecessors, and specially, that he and his friends and followers have followed the royal standart during the late troubles, under the conduct of the late Marquiss of Montrose, his Majesty's lieutenant, and at all occasions were ready to give obedience to his Majesty's princely commands, and that the said James is chief of the family of Grants, and descended of an very ancient and honourable stock and race, and for the better encouraging him to continue loyal and faithful to his Majesty and his successors in time coming, his Highness being most willing to bestow upon the said James Grant of Freuchie, as an badge and token of his Majesty's royal favour towards him, the titles and 2 x 346 ADDITIONAL CHARTERS [1663. degrees of honor and dignity underwrittin : Therefore his Majesty ordains an letter to be past under his Majesty's Great Seal in due form, making, constituting, and creating, likeas by these presents his Majesty makes, constitutes, and creats the said James Grant of Freuchie, and the heirs-male gotten or to be gotten of his own body, whilks failing, his nearest and lawful heirs-male whatsomever bearing the name and arms of Grant, the title, style, place, order, and dignity of an Earl, and that they be designed, named, and called in all time coming Earls of Strathspey, Lord Grant of Freuchie and Urquhart, with all honors, precedencies, dignities, preheminencies, privileges, immunities and prerogatives whatsomever belonging to an Earl, in the same way and with as free and ample privileges as any other Earl within the kingdom of Scotland uses and enjoys the like dignities, orders, and degrees : To be holden and to hold the said title, degree, style, honor, and dignitie of ane Earl, to be named and designed Earl of Strathspey, Lord Grant of Freuchie and Urquhart, with all privileges, prerogatives, preheminencies, precedencies, and other privileges belonging to the said degree of an Earl and free Lord of Parliament, to the said James Grant of Freuchie, now Earl of Strathspey, Lord Grant of Freuchie and Urquhart, his heirs-male, in all his Majesty's and his successors Parliaments, and other general publick meetings and convention of estates, council, and other private and publick meetings, to have, exerce, and enjoy the privilege of voiceing and other prerogatives of rank, place, and order of an Earl and Lord of Parliament in all things, as any other of the like place, style, and order has bruicked and used in times bygone, or for the present bruiks and enjoys ; and that the said James Grant of Freuchie, and his heirs-male foresaids, and every ane of them, be acknowledged, holden, honoured, and reverenced with all honor due and competent to Earls and Lords of Parlia ment ; with command in the said Letter Patent to the Lyon King at Arms and his brethren the Heralds to give and prescrive such additions, suffulturs, and cognizance to his arms as is usual in the like cases, and wiU and ordains the directorie of his Majesty's Chancellarie to write these presents to his Majesty's Great Seal, and his Majesty's High Chancellar to append the same thereto, without passing any other sealls or registers. Quhairanent these presents shall be an sufficient warrand to them for that effect, and that the said letter be extended in the best form with all clauses needful. Given att 275. Testament and Latter Will of James Grant of Freuchie, with Inventory. Confirmed 27th July 1665. The testament testamentator, inventare, lagacie, and letter will of vmquhill James Grant of Freuquhie the tyme of his deceas, who deceised tested in the month of Septemper jmvjc sextie three yeares, the nominatioune wharof and legacie vnderwrittine uas spoken out of the said James his oven mouth, upon the tuentie on day of the said month and yeir of God for said, and the inventare of his moovebles and debts restand to him and be him vnderwrittine 1665.] OF THE GRANTS OF GRANT. 347 is given up be Livtenant-Colonell Patrick Grant, Tutor of Grant, in name of Lodwick Grant, eldest lawfull sone to the defunct, and executare testamentare nominat to him ; lykas the intromission vith the goods, geir, and debts, pertaining to the said defunct, is given to the said Livtenant-Colonell Pattrick Grant, in name of the said Lodwick Grant, executar testa mentare forsaid. Inventare. Item, the said defunct had in his possession pertaining to him the tym of his deceas forsaid, the goods and geir of the availl, quantitie, and pryces respective vnderwrittine, viz., threttie nyn drawing oxen, at thretteen pound six shilling eight penies the peece ; inde, fyve hundred and tuentie pounds. Item, seven ky and seven care, at tuelv pounds the peece ; inde, four scor foure pounds. Item, six two year olds, at six pounds thretten shil ling four penies the peece ; inde, fortie pounds. Item, eight ky wanting calfes, at ten pounds the peece ; inde, four score pounds. Item, eight year olds, at four pounds the peece ; inde, threttie two pounds. Item, threscore eighteen old uedders, quhairof eight killed befor the Laird went to Elgin, at threttie shillings the [peece] ; inde, ane hundred and fyve pounds. Item, fyve work horse, at tuelv pound the peece ; inde, three score pounds. Item, two meares and three followeris, and the dinn pouny sold to the Earle of Murray for ane hundred and three score of pounds. Ittem, three old lame horse, not valued in respect of ther insufficiencie, and sine quibus non ther comands for preserving therof till forder order. Item, soven of oats crop jmvjc sixtie three in the mains of Bellach[a]stle and Culchoichmoir, six score and eighteen bolls oats at the third corn, is four hundred and fourteen bolls oats, estimat to six pecks victuall the boll ; inde, in victuall, ane hundred fiftie and fyv bolls on firlot, pryce of the boll with the fodder four pounds ; inde, six hund[red] tuentie on pounds. Item, soven of bear, tuentie on bolls on firlot at the fourt corn, is four scor ten bolls, pryce forsaid ; inde, three hundred and three scor pounds. Suma of the inventare is two thoussand three score eighteen pounds. Debts restand to the defunct. Item, the half of the rent of the defunct lands crop jmv[j]° sextie three yeares, extends to fyv thoussand pounds. Item, . . . Mckomas, in Urquhart, nyn pounds. Item, be Donald M°keandoue in Knockeanoch, tuentie three pound six penies. Item, be Paul Mckben in . . . ane thoussand three hundred tuentie three pounds fyve shillin four penies. Item, be Levenard Peddard in Elgin, tuentie three pound six shillin eight penies. Item, be the Laird of Moynes, ane hundred threttie three pounds six shillin eight penies. Item, be Robert Anderson in . . . ten pounds. Item, be John Grant of Conegas, ane hundred threttie three pounds six shillin eight penies. Ittem, more be the Laird of Moynes, ane 348 ADDITIONAL CHARTERS [1665. hundred threttie three pounds six shillins eight penies. Item, be Alexander Innes in . . . tuentie four pounds. Item, be Agnas Gruvshanks . . . threttie three pounds. Item, be Thomas Grant in Bellamakain, tuentie four pounds. Item, be Agnas Grant, Jon Cruick- shanks wyff, fortie pounds. Item, be Donald Cumin of Dusliangie, tuentie pounds. Item, be Jon Mckphatrick Vickonell in Knockayndoch, sixteen pounds threteen shillings four penies. Item, be John Gregor in Killantra, ane hundred and fortie pounds. Item, be Patrick in Smidie Croft, tuentie eight pounds thretteen shillin four penies. Item, be Robert Grant, Coremonies son, ane hundred four scor tuo pounds thretteen shillin four penies. Item, be Duncan Grant of [Achna]handet, seven pounds fourteen shillin. Item, be Patrick Grant of Tullegoram, ane hundred threttie three pounds . . . eight penies. Item, be Clure, conform to his bonds, six hundred and three pounds. Item, be Patrick Culchoich, conform to his bond. . . . Item, be John Grant in Gelleway, two hundred pounds. Item, be bonds wheron ther are decreitts, ane thousand three hu[ndred] . . . scor fyftein pounds tuo shillin. Item, be the Lady Marques of Huntley, three hundred threttie three pounds six shiUin eight [penies]. Item, be Bedindalloch, elder and younger, ane hundred and fortie pounds. Item, be Kirdels, conform to his disposition to Mr. Jon Grant of the lands of Cirdels . . . mor be him quhich the defunct payed as cautioner to James NUson, burges of Edinburgh, fortie four pounds. Item, be Archibald Grant of Belnatomb, tuo hundred and fortie pounds. Item, be Robert Grant of Elchis, ane hundred and ten pounds eight shillin ten penies. Item, be Jon Grant of Dallrachnies, fyv hundred pounds. Item, be Patrick Grant of Tulloehgoram, four hundred pounds. Item, be Robert Grant of Ochterblair, tuo hundred and tuentie pounds. Item, be Duncan Grant of Port, tuentie merks year[lie] since the Laird's last dischairge. Item, be John Shaw of Dell, nynteen pounds. Item, be John Roy Erskin, conform to his bond and compt, tuo hundred threescor sixteen pounds sevin penies. Item, be the Barron of Kincardin, tuo hundred threescor six pounds thretteen shillin four penies, with the haill bygon annuall rents since anno jmvjc threttie six. Summa of the debts restand to the defunct is tvelv thoussand on hundred threscor six pounds sixteen shilling ten penies. Summa of the inventare and debts is fourteen thoussand tuo hundred fortie four pounds sixteen shillings and ten penies. Debts restand be the defunct. Item, to James Frazer, burges of Invernes, fyv hundred threttie three pounds six shillin eight penies, and for tuo yeares annualrent therof, three score four pounds. Item, to the aires of the deceasd John Grant of Lurg, ane thousand three hundred threttie three pounds six shillin eight penies. Item, to William Hay, brother to Knochandy, ane hundred pounds. Item, for the bygon annualrents therof, three hundred and threttie pounds. Item, to Doctor Gordon, ane thoussand three hundred threttie three pounds six shiUin eight penies. Item, 1665.] OF THE GRANTS OF GRANT. 349 for the bygon annnalrents therof, ane hundred and sixtie pounds. Item, to Livtenant Colonell Villiam Murray, ane thousand three hundred threttie three poundis six shillin eight penies ; for the bygon annualrent therof, fourscore of pounds. Item, to Cromartie and Reidcastle be bond, tuo hundred and fyv pounds, more to them for ther expenssis at the last session of Parliament, four score seventeen pounds ten shillin. Item, to Mr. Robert Donaldson, tuo hundred fyftie four pounds six shillin eight penies. Item, for the bygon annnalrents therof, tuentie tuo pounds sixteen shillin. Item, to his sister, Market Donaldson, aught hundred punds ; for the bygon annualrents therof, four hundred and four scor pounds. Item, to Marget Grant, lawfull daughter to the deceased James Grant of Gartin, six hundred three score six pounds threeteen shillin four penies. Item for the bygon annualrents therof, fortie pounds. Item, to Hector Mcklean in Ferines six hundred three score six pounds thretteen shillin four penies. Item, for the by°-on annualrents therof, fourscor pounds. Ittem, to Bessie Hay, relict of the deceased Thomas Mcquein in Pollachale, four hundred pounds. Item, for the annualrent therof, tuentie four pounds. Ittem, to the deceised Mr. David Stewart, his relict, six hundred threescor sex pounds thretteen shillin four penies. Item, for the annualrent therof, fourtie pounds. Item, to James Hay in Kelles, four hundred sixtie six pounds thretteen shillin four penies. Item for the bygon annualrent therof, sixtie six pounds. Item, to Elspet Spense, relict of the deceased Duncan Grant in Glenlatroch, eight hundred pounds. Item, for the annualrent therof fortie eight pounds. Item, to Elspet Lesly, relict of the deceased James Grant Mckean- riach, seven hundred and fiftie poundis ; for the annualrents therof, fortie fyv poundis. Item, to Nicolas Brody, burges of Elgin, sex hundred sixtie sex pounds thretteen shillin four penies. Item, for the annualrent therof, tuentie poundis. Item, to Provest Cumin, ane thoussand tuo hundred four score thretteen poundis sex shillin eight penies ; fore the annualrent therof, ane hundred fiftie fyv pounds four shiUin. Item, to his son, the new provest, sex hundred three score sex poundis thretteen shillin four penies. Item, for the annualrent therof, fortie poundis. Item, to Arcandie, tuo thoussand ane hundred and sexte poundis ; for the annualrent therof, ane hundred tuentie nyn poundis tuel shillin. Item, to Humilitie, thre hundred and four score poundis. Item, to George Tailor in Ardneidle, thre hundred threttie three poundis six shillin eight penies ; for the annualrent therof, tuentie poundis. Item, to Kempcarne, tuo hundred poundis; for the annualrent therof, tuelv poundis. Item, to Kea and Boyd, tuo merchants in Edinburgh, seven hundred and eighteen pounds sixteen shillin. Ittem, to Georg Stewart of Oldham, two hundred and tuelv [poundis] eight shillin. Item, for the annualrents therof, nyn poundis. Item, to Thomas Moncreiff, ane thoussand and four hundred poundis. Item, for the bygon annualrent therof, threescore] seventeen poundis. Item, to Mr. John Bain, three hundred threttie three poundis six shillin eight penies. Item, to James Abernethie, ane hundred and on poundis eight shillin four penies. Item, to Andrew Sibbald, litster in Aberdeen, ane hundred threttie 350 ADDITIONAL CHARTERS [1665. three poundis. Item, to Jon Stewart in Cirmachlie, three hundred threttie three poundis sex shillin eight penies ; for the annualrents therof, sextie poundis. Item, to Neill Grant in Fetterletter, tuo hundred three score six poundis thretteen shillin four penies. Ittem, to the deceased George Grant, six hundred thre scor sex poundis thretteen shillin four penies. Item, for the annualrents therof, fortie poundis. Item, to James Grant in Glenbruce, sex hundred three scor sex poundis thretteen shillin four penies. Item, for the annualrent therof, fortie poundis. Item, to Patrick Name, ane thoussand poundis ; for the annualrent therof, ane hundred tuentie poundis. Item, to the deceasd Robert Grant of Glenbegge his relict, tuo thoussand poundis ; fore the annualrent therof, tuo hundred and fortie poundis. Item, to Mr. John Grant of Achrose, ane thoussand thre hundred threttie thre poundis 6s. 8d. Item, for the annualrent therof, four score poundis. Item, for tuo yearis few dutie of the chaplanries of Knockaynoch, thretie seven poundis 6s. 8d. Item, to Gregor Grant in Lethindie, sex hundred thre score six poundis 13s. 4d. Item, for the annualrent therof, fortie poundis. Item, to the deceasd Robert Lauson his relict, fyv hundred threttie three poundis 6s. 8d. Item, for the annualrent therof, threttie tuo poundis. Item, to William Grant in Tullochcrumbran, sex hundred three score sex poundis thret teen shillin 4d.; for the annualrent therof, fortie poundis. Item, to Patrick Grant, lawfull son to John Grant of Galdvall, aucht hundred poundis. Item, for the annualrent therof, four scor sixteen poundis. Item, to Patrick Grant, now in Galduall, ane thoussand' three hundred threttie three poundis 6s. 8d. ; for the annualrent therof, four scor poundis. Item, to Thomas Gordon of Clesturam, ane thoussand poundis ; for the annualrent therof, sixtie poundis. Item, to Robert Grant in Miltoun of Mubrath, sex hundred sextie sex poundis 13s. 4d. ; for the annualrent therof, fortie poundis. Ittem, to Livtenant-Colonell Patrick Grant, sex hundred sextie sex pound thretteen shillin 4d. ; for the annualrent therof, four scor poundis. Item, to David Stewart, merchantt in Elgin, tuo hundred poundis. Item, to James Anderson, burges ther, ane hundred and four poundis 16s. Item, to Isobell Burnet ther, ane hundred four scor four poundis 18s. 4d. Item, to Jon Ogilvie for bygon cesse, ane hundred fortie poundis ; more to him for bygon excyse, three hundred fortie three poundis 16s. 4d. Item, of deficient money, sixteen pound tuelv shillin. Ittem, to the defunct's daughter, Anna, tuelv thoussand poundis. Ittem, to his daughter, Marie, aught thoussand poundis. Ittem, to his daughter, Margret, four thoussand poundis. Ittem, to John Tulloch in Nairn, two thoussand poundis. Item, for the bygon annualrent, ane hundred and tuentie poundis. Ittem, to the Tutor of Invereshe, two thoussand sex hundred sextie sex poundis 13s. 4d. ; for the annualrent therof, four hundred and eightie pound. Item, to Mr. Patrick Glasse, two hundred and thret teen pound 3s. 4d. Item, to the Earle of Murray, for the few duty of Abernethie, ane hundred and sextie poundis. Ittem, to Allan Grant, alias M°Jokie, sex hundred three score sex poundis 13s. 4d. Item, to the Bishop of Murray, of bygon few duties, ane hundred 1665.] OF THE GRANTS OF GRANT. 351 tuentie tuo poundis 8s. 8d. Item, to the Exchequer, of few duties, on hundred fiftie on poundis 16s. 8d. Ittem, to Swin Grant in Bellintomb, two hundred poundis. Item, for the few dutie of the Bridgetoune of Spey, eight poundis. Item, to John Lowson, ane thoussand three hundred threttie three poundis 6s. 8d. Ittem, for the annualrents therof, four score poundis. Ittem, to the town of Elgin, for the bygon few duty of Cirdels, ane hundred poundis. Ittem, to John Grant in Lettoch, ane thoussand three hundred threttie three poundis 6s. 8d. ; for the bygon annualrents therof, three hundred and tuentie pounds. Item, to the pypper, for his pension, thretteen pound sex shillin 8d. Ittem, to the glasse wright, for two years pension, fiftie three poundis 6s. 8d. Ittem, to the sklaitter, for a yearis pension, tuentie poundis. Ittem, of servants fies, four hundred fortie on poundis 7s. 4d. Item, to James Troup, for tuo years pension, sexteen poundis thretteen shillin 4d. Ittem, to the smithes of Elchies, Cromdalle, Inverallen, and Duthell, four scor poundis. Item, to the deceisd James Mcgreiger his relict, four hundred sextie sex poundis 13s. 4d. Ittem, for a yearis annualrents therof, tuentie eight poundis. Ittem, of bygon taxatiounes, sex hundred poundis. Ittem, to John Packman fortie six poundis 13s. 4d. Item, to Thomas Grant, for casting the proofs for four yeares, sextie sex poundis 13s. 4d. Ittem, to the gardner, for his weeklie bolls victuall, threttie three pound 6s. 8d. Ittem, to Alister Roy, shepherd, threttie poundis 6s. Sd., and ane boll meall, pryce four poundis. Ittem, to Alexander Davidson, for ane yearis pension, ten poundis. Ittem, to Jon Cook, forman, ten poundis. Ittem, to the Bishop of Murray, be bond, ane hundred and tuentie poundis. Ittem, to Walter Douglas, tuentie poundis. Summa of the debts restand be the defunct, is three score tuelv thoussand fyv hun dred four score eleven poundis three shillin. Debita excedunt bona. Legacie and Letter Will. I, James Grant of Frewchie, being for the present sick and infirm of body bot of perfect memory and vnderstanding, knowing that ther is nothing mor certain then death, and yet the tyme and hour therof alvayes vncertain, and being desyrous to dispose of my worldly effeires, so that I may be the more ready to attend the good pleasure of the Almightie when it shall please him to call me from this mortall lyfe to his eternall glory, purchased by the merits of Jesus Christ, my Savior, I doe make my letter will as followes : Imprimis, I nominat and leav my eldest son, Lodvick Grant, and falieing of him be deceas, my second son, Patrick Grant, to be my sole executor, legator, and vniversall intromcttor vith my heall goodis and geir and debts, both vticels and domicels, with full power to him, be himself and his tutoris vnder named, in his name to giv up inventare and confirm testament as accords, and my debts and legacies efter specified being first satisfied and payed, to apply and dispose of the supper- plus of the saidis moovables for the use and behoof of my said sone and his forsaidis. Item, 352 ADDITIONAL CHARTERS [1665. I leav to my daughter, Anna Grant, the soum of eighteen thoussand merks Scotts, and to my second daughter, Marie Grant, the soum of tuelv thoussand merks, and to my youngest daughter Margret the soum of sex thoussand merks mony forsaid, conform to the particular bandis [of] provision granted be me to them theranent. Ittem, I nominat and leav the Right Honorabill John Earle of Rothes, etc., his Majesties High Comissioner and High Threasurer of this kingdom, James Archbishop of St. Andrews, Alexander Earle of Murray, etc., Keneth Earle of Seaforth, Alexander Lord Duffus, Sir Georg Mckenzie of Tarbet, knight, Thomas MeKenzie of Pluscarden, John Grant, elder of Bedindalloch, John Grant of Moynes, Alex ander Ogilvie of Kincardin, my uncle, Pattricke and Mungo Grants, my brotheris, Alexander Grant of Alachie, James Grant of Achernick, John Grant of Gartinmore, Svein Grant of Garteenbegg, or any fyv of them (the saidis Earles of Rothes, Archbishop of St. Andrew, Earle of Murray, Lord Duffus, and John Grant of Moynes, or any three of them, being alvayes sine quibus non), to be tutores and administratores to my saidis children during ther pupillarity, humbly heerby requesting my said noble freinds to take and accept in and upon them the said office and administratioune. Ittem, it is my vill, and I doe leav my eldest son Lodvick, and failing of him be deceas, my second son Patrick, to the said noble Earle, John Earle of Rothes, to be educat and broght up uith his Lordship, and as he shall please to dispose, on my saidis sons oven chairges and expensis. Ittem, I leav and bequeath the legaces efter mentioned, viz., to my eldest son Lodvick, and failing of him be deceas, to his brother Patrick, my best dymond ring and uearing rings ; and I bequeath the heall rest of my jewellis pertaining to me or my vmquhill lady, excepting my silver plate, in maner fol lowing, viz. : Tvo parts therof to my said eldest daughter Anna, and the third pairt therof to my second daughter Marie, provyding they take and accept the samen in satisfactione of any pairt of ther said provisions and portionis at the rates following, viz., the said tuo pairt to four thousand merks, and the third pairt to tuo thoussand merks Scots. Ittem, I leav to James Grant, [son to] Mr. John Grant of Achrosk, the soume of fyv hundred merk Scots, and it is my vill the said Mr. John Grant be continowed efter my deceas still in his chairge and service, and that he enjoy and brook his vsual fies and casuallities that he had in my lyftym. Item, I doe leav and bequeath to my sister Lilias Grant, and the aires of her owen body, the sowm of fyv thoussand pound Scots, and failing of her be deceas or vithout aires of hir oven body, or if she deceas unmaried, that the said sowm return to me and my aires. Ittem, to the said Mungo Grant, my brother, the soum of ane thoussand pound Scots. Ittem, to George Grant, my brother, ane thoussand merks Scots. Ittem, to Duncan Grant, my servitor, fyv hundred merks Scots by and attour what I gav to him or assigned to him. Ittem, to John M'Grigor in Kilantra, fiv hundred merks mony forsaid. Ittem, to Mr. Alexander Grant in Miltoune of Bellachsle, three hundred merks Scots. Ittem, to Thomas Grant, my brother, ane thoussand merks forsaid. Ittem, to William Moir, messenger, ane hundred merks money forsaid. Ittem, to George Gregor, my servitor, fyv pound Scots mony. Ittem, to Donald 1665.] OF THE GRANTS OF GRANT. 353 Grant, my servitor, ane hundred . . . Scotts mony. Ittem, anent my brother Alexander it is my vill, and that in caise the said Alexander shall pay the last tuo yeares ordinar duties of the lands pertaining to me, and violently possessed be him, of the crop jmvjc sextie two and sextie three yeares, with the duty jmvj° sextie four, that he be dischairged of what farder I can crav of him, provyding he remoov peacibly vithout forder proces, and leav the ground red at Whitsonday next, or uthervise this present ease and favor to be void [and] no uayes extended to him bot he pursued to the riggor as accordis. Ittem, I leav the poor of the respective parishes of Duthell and Cromdale fortie pound Scots ; and lastly, I leav my said three daughteris to be disposed of, both as to ther mariage and education, to my noble freinds or tutoris afforenamed, or coram of them, uhose advyse they shall follou as they vill desyr my blessing. And this my letter will and testament, to all and sundry whom it effeirs, I ratifie and make knouen by thir presents, vrittine be Mr John Bayn, Writter to his Majestie's Signet, and subscriuit with my hand, at Edinburgh, the year of God jmvjc three scor three yeares, befor thir witnessis, Sir Alexander Abercromie of Birknbooge, Georg Stewart, advocat, and the said Mr John Bayn. Sic subscribitur, James Grant off Freuqchie, S* Andrews accepts, Rothes accepts, Morray accepts, Seaforth accepts, Duffus accepts, Georg McKenzie accepts, Alexander Ogilvie accepts, John Grant accepts, Mungo Grant accepts, Georg Grant accepts, P. Grant accepts, James Grant accepts, J. Grant accepts ; Abercrombie, wittnes ; Georg Stewart, wittnes ; Mr John Bain, wittnes. Confirmatione. David Stewart, Commissar of Murray, be tenor heerof, ratifies, approves, and confermes this present testament testamentare and inventare abovwrittine, in swa farr as the samyn is truly given up, nothing omitted forth thereof, non sett vithin the just availl therein con tained, and gives the intromission, with the forsaid goods, geir, and debts, to the said Livtenant-Colonell Patrick Grant, in name of the said Lodvick Grant, executor testamentare forsaid, and as on of his tutoris, vith full power to him to mell and intromett thervith (becaus John Grant, fiar of Moynes, and John Ogilvie of Kempcarne, became bound and oblesd, conjunctly and severally, for him, that the goods and geir abovwrittin shall be furthcomand to all persones havand entres thereto as law vill, and the said Livtenant- Colonell Patrick Grant, executour in name forsaid, becam oblest for his said cautioneris releiff, as ane band granted and subscryved be them theranent, of the datte of thir presents, in itself bears), reservand compt and reckoning to be made be the said Livtenant-Colonell Patrick Grant, executare in name forsaid, of this intromission as accords of the law. Gevin vnder the seall off the office at Elgine, the tuentie sevent day of July 1665. Extractum per me. 2 Y 354 ADDITIONAL CHARTERS [1677. Eik to Testament of James Grant of Freuchie. Confirmed 1st January 1677. The testament datiwe and inventar of certane soumes of money restand to wmquhill James Grantt of Frewchie the tyme of his deceas, who deceased in the moneth of September jmvjc and sextie thrie years, omit tit and left furth of his principall confermed testament testamentar, and eiked and giwen wp be Ludovick Grant, now of Frewchie, his eldest lawfull sone and executor testamentar nominat and confermed to him in the said principall confermed testament. Inventar. The said Ludovick Grant, executor forsaid, eikes and giwes wp restand to the said vmquhill James Grant of Frewchie, for himselfe, and othervays representing the deceased Sir John Grant of Frewchie, his father, be Alaster Grant, somtym in Vestertulloch, four hundred and thrie scoir merks money principall, with certane annualrents and liquidat expenssis contained in ane bond grantit be the said Alaster to James Gibson, advocat, dated the fyfteinth of Februarie 1633, assigned be the said James Gibson to the said Sir John Grant, conform to his assignation e, dated the said fyfteinth day of Februare and year of God forsaid. Item, be John Grant of Glenmoristoune, tuo thousand ane hundred thrie scoir ten merks of principall, with penaltie and annualrent contained in ane decreit obtained be the said vmquhill James Grant of Frewchie against the said Jon Grant, befor the comissioners for administration of justice for ye tyme, of the date the thretteinth of December 1655. Item, be John Grant, tutor of Glenmoristoune, and Hugh Fraser of Foyars, cautioner for him, conjunctllie and severallie, tuo thousand and tuo hundred merks of principall, with ane other thousand merks incurred thorow not tymous payment of the said principall soum, in maner contained in ane bond grantit be the said prin cipall and cautioner to the said vmquhill James Grant of Frewchie, containing penaltie and annualrents, dated the elevinth of May 1652 yeirs. Item, restand be vmquhill Gilbert Barclay, somtym chalmerlane of Mulben, to the said vmquhill James Grant of Frewchie, the soume of ane thousand and fourtie punds. Summa of the inventar abowwrittin extends to the soume of four thousand nyn hundred and tuell punds xiij s. iiij d., besyds annualrents and penalties. Nulla divisio. Confirmatione. Dawid Stewart of Newtoun, Comissar of Morray, be the tenor heirof ratifies, approwes, and conferms this present testament datiwe ad omissa and inventar abowwrittin, in so far as the same is trulie given wp, nothing omittit furth thereof, and giwes the intromissione, with 1675.] OF THE GRANTS OF GRANT. 355 the soumes of money, principallis, annualrents, and liquidat expenssis abowwrittin, omittit and left furth of the said vmquhill James Grant of Frewchie, his principall confermed testament testamentar in maner abowspecifiet; to the said Ludovick Grant, now of Frewchie, his eldest lawfull sone and executour testamentar forsaid, with full power to him to midle and intromett therewith, call and persew for the same (becaus Gavin Stewart in Bellivet became bound and obleist, as cautioner and suretie for him, that the abowwrittin soumes off money shall be furthcomand to all persons hawand entres thereto as law will : lykeas, the said Ludovick became obleist, for his said cautioners releiffe, as ane obligation made theranent of the date of thir presentts in itselfe at more lenth proports), reservand compt and reckoning to be made be the said executour of his intromission as accords of the law. Giwen at Elgin, the first day of Januare 1677. Dauid Stewart, Comr. 276. Bond by Robert Grant of Auchterblair to keep the peace towards Duncan Grant of MuUochard. 15th July 1675. I, Robert Grant of Auchterblair, by thir presents, bind and obleis me by the faith and truth of my bodie, and my aires, execu tours, and successours, to the right honourabill Ludovick Grant of Freuchie, my cheif, to stand to and abyde at the peace of the country ; and also that Duncan Grant of MuUochard shall be harmeles and skaithles in his bodie, wyf, bairnes, servants, familie, cattell, goods, and gear, of me, my wyf, bairnes, servants, and vthers, of my causeing, bunding furth, ressett, assistance, or ratihabitione, whom I can anywayes hinder, stop, or lett vtherwayes then by order of law ; and also I bind and obleis me that I my self shall carie and behave my self, and shall cause my wyf, bairnes, servants, and vthers foresaids carie and behave themselves soberlie, civillie, and laufullie towards the said Duncan, his wyf, bairnes, and vthers forsaids ; and that I nor my forsaids shall not vse any opprobrious or wncivill words, speich, or language to the said Duncan and his forsaids, wherin if I faillie or doe in the contrar, I bind and obleis me and my aires, executours, and successours to content and pay to the said Ludovick Grant the sowme of ane thowsand pounds vsuall Scots money in caice of faillie by and attour any sowmes of money which shall be dew in caice of faillie to the said Duncan by law, for any damnadge which shall happen to be done to him : Con senting for the mair securitie to the registratioun heirof in the bookes of Counsall and Session, or in any vther competent register within this kingdom, to have the strenth of ane decreit of any of the Judges thairof interponed heirto, that all letters and executorialls necessar may pass heirvpon in forme as effeires ; and to that effect I constitute my procuratours, promitten. de rato, etc. In witnes wherof, writtin be John Donaldsone, servitor to the said Ludovick Grant, I have subscryved thir presents with 356 ADDITIONAL CHARTERS [1675. my hand att MuUochard, the fyftein day of Julij jmvj° thriescoir fyftein yeires, befor these witnesses, Mungo Grant of Kinchirdie, James Grant of Clurie, Sueyne Grant of Gartinbeg, James Grant of Auchernich, Robert Grant in Tullochcruiben, Patrick Grant of Miltoun, and the said John Donaldsone. Robt. Grant. J. Donaldsone, witnes. Moungo Grant, witnes. Robert Grant, uitnes. Ja. Grant, witnes. Patt. Grantt, wittness. Swoyne Grant, uitnes. James Grant, witnes. [A reciprocal bond in the same terms and of the same date is given by Duncan Grant of MuUochard, to keep the peace towards Robert Grant of Auchterblair.] 277. Declaration by Donald McCoill Muil respecting the horses stolen from Duncan McEan in Ballintome. 5th February 1676. The confessione and declaratione of Donald McCoill Muill, now servitor to McAndro, tayleor in Laggan Finlarge, anent the horses which wer stollen in the letter end of August last from Duncan M°Ean in Bellintome, and Roy in Bellintruan, made and given vp by him out of his owin mouth, and subscryved by his hand as followes, att Bellachastell, the fyfth day of Februarii jmvjc thriescoir sixtein yeires. I, the said Donald McCoill Muill, testifie and declair that McGillivrae in and McCoirlebuy, his servant, haveing mett me in Invernes about the fyftein day of August last, did speak with me and brought me back to Strathspey, and wee all came togidder to Alexander King, merchant in Bellintome his house, and I left the saidis McGillivrae and MeCoirlebuy ther, and went to Abernethie and stayed ther a night, and came back the nixt day to them at Bellintome, wher they mett me neir the boatt, and Duncan McEan being att the mylne, wee all went togidder to Craignahuiller and the bush of Glenbeg, callit Presh Cruine, and ther stayed eight dayes, and the said Alexander King furneished them meatt all the tym ; and I, befor I went to Abernethie, came to the said Alexander and bought a plakes worth of snishing, and gave him a thrie shilling peice, quhich he changed and gave me the small money ; and efter wee all, the saidis McCoirlebuy and McGillivrae and I, had stayed the saids eight dayes in Craignahuiller, the said McGillivrae parted with me and the said McCoirlebuy, and trysted ws to meitt him att the rod quhich leads from the Boat of Bellifurt to Gaich, vpon the said day of August; and efter wee had stayed ther a litle whyle, the saids McGHHvrae and Alexander King came 1686.] OF THE GRANTS OF GRANT. 357 to ws with the saidis tuo horses, one quhairof did belong to the said Duncan McEan, and the vther to the said Roy ; and I haveing asked the said McGillivrae who it was that was with him, whither it was Alexander King or not, once or tuise he desyred me to be silent, neither did the said King speak any thing to ws himself, but tyed vp thrie bannockes and tuo half keabbockes of cheise in hearrop, and delyvered the same to them, and so left ws, and wee went straight one all the night till wee came to the shealling of the lymekUles, wher wee satt doune neir about day light to rest ws, and did eat some of the bread and cheise, and ther took out the tobacco quhich wee gat from the said King, and parted the same among us thrie, and therefter I went with them to the strype at the east end of Lochindorb, wher I parted and left the saidis M°GUHvrae and M°Coirlebuy, and did not sie them since that tym; and the haill premisses I frielie and without compulsione confess, testifie, and declair to be of treuth and veritie by God himself, and as I shall answer to God, by these presents, writtin be John Donaldsone, servitor to the Laird of Grant, and subscryved by me with my hand as followes, day, yeir, moneth, and place forsaid, befor these witnesses, WilHam Grant of Lurg, Gavin Stewart, servitor to the said Laird of Grant, Duncan M°Gregor in Keathack, James Robertsone in Bellintome, and severall vtheris. Ita est ego Joannes Donaldsone, notarius publicus, de mandato dicti Donaldi McCoilmuill, scribere nescientis ut asseruit calamumque manu tangentis, subscribo testantibus his meis signo et subscriptione manualibus rogatus et requisitus. W. Grant, wittnes. J. Donaldsone, N.P. Gavin Stewart, witnes. 278. Extract Letter by King James the Seventh to the Privy Council to release Ludovick Grant of Freuchie from fine imposed by their Commission of Justiciary in the Northern Shires. Letter dated 9th January 1686. Edinburgh, the second day of Febriwary 1686. The which day, the letter underwritin, direct from the Kings most excellent Majestie to the Lords of his Majesties Privy Council!, being read in councill, was ordered to be recorded in their books, and extracts thereof to be delivered and subscribed by their clerks to the effect theirin mentioned, off whiche letter the tenour follows. Sic suprascribitur, James R. Right trusty and right welbeloved cousin and councillour, right trusty and enteirly beloved cousins and councellours, right trusty and welbeloved cousins and councellours, right trusty and welbeloved cousins and councillours, right trusty and welbeloved councellours, and trusty and welbeloved councellours, wee greett you well. Whereas the Earle of Erroll, the Earle of Kintore, and Sir George Monro of Culrain, who latly hade a commission of justiciary from you within the northern shires, did by their sentence, bearing date at Elgine, the eleventh of Febriwary last by past, fine and amerciate the Laird of Grant, for his own and his 358 ADDITIONAL CHARTERS [1686. Ladyes delinquencies, irregularities, and disorders, in the soume of fourty tuo thousand and five hundreth pounds Scots money, in maner therein fullie containd, which thereafter was ratified and approved by you. And whereas there is ane humble application made unto ws by the said Laird of Grant, giveing assureance of his regular behaviour for the future, and representing not only the constant loyaltie of his predicessours, who upon all occasiones did formerlie adhere to the intrests of the crown, but also his own zeale and forwardnesse again est the rebells at Bothwelbridge in the yeir 1679, and likewise againest those who were joined in the last rebellion with the late Earle of Argyle, againest whom he brought a considerable number of men, and mantained them all the tyme they were from home at his o wn charges. Off all which wee being very well informed, and being upon these considera tions graciously resolved to extend our royall favour and bounty towards him, whereby he may be the better enabled to render acceptable service unto us when there shall be occaission for his so doeing, wee have now thought fitt to exoner and discharge, lykeas by these presents wee doe freely exoner and discharge him, the said Laird of Grant, of the said fine of forty tuo thousand and five hundreth pounds Scots money, mentioned in the said sentence, and the penaltie therein exprest, in as full and ample maner as if the same hade never been imposed upon him, nor the said sentence pronounced againest him. And there fore it is our will and pleasure, that no processe or persuite whatsoever be moved or in tented againest him or his for the said fine or penalty, or any pairt thereof, but that he and they be fully liberated and discharged of the same in all time comeing, and of all the crimes and guilt whereupon the said sentence was founded. And it is our further will and pleasure that these presents be recorded in your books, and that authentick extracts thereof be given to him or others in his name, as he or they shall have occaission to desire the same for preventing his being hereafter anywayes troubled or molested for the said fine or penalty, or any pairt thereof, or any of the crimes or guilt aforsaid. For doing whereof, this shall be to you and all others respectively who may be therein any way concerned a sufficient warrant. And so wee bid you heartily farewell. Given att our Court att Whitehall, the nynth day of January 168|, and of our reigne the 1st year. By his Majesties command. Sic subscribitur, Melfort. Extracted furth of the Records of Councill by me, Mr. Coline McKenzie, clerk to his Majesties Privy Councill. Colin M°Kenzie, cls Sm Concilii. 279. Obligation by the Clan MacPherson to preserve the chieftainship in the Clan. 1689.1 Wee, undersub[scr]ivers, considering that Duncan McPherson of Cluny, our present cheife, is of full purpose and resolution to talzie not onlie his whole estate, but also the representa- 1 Original at Ballindalloch. 1689.] OF THE GRANTS OF GRANT. 359 tion of us, and all others our kinsmen, by his ryteous air maill, with his daughter to a stranger, and that without all peradventure our ruine is thereby threatened, if God Almytie by ane inteir union amongst our selves doe not prevent the same, doe heirby declair and swear vpon our great oath, that we shall not own nor countenance any person as the said Duncan McPherson his representative, and falyieing aires maill of his bodie, excepting WilHam M°Pherson of Nuid, who is his true lineall successor, and the aires maill of his bodie, quhilks falyieing, the aires maill quhatsomever, and sua forth successivelie, and that we shall to the outmost of our power assist and mantain the said William and his forsaids in attain ing and possesseing the said estate by all just means imaginable; and furder, that we, the saids undersub[scr]ivers, and in particular, I, the said William McPherson, shall second, assist, and mantain one ane other in all our just and ryteous interests against all mortall, his Majestie and his auctoritie and our respective superioris being excepted. And we bind and obleidge us to fullfill and perform the premisses, under the paine of infamie. In witnes quhairof, we have subscrivit thir presents (writtin be John McPherson, writer in Edinburgh) with our hands, at Beanchar, and the fourteen dayes of jmvj° and eightie nyne years. Wm. McPhersone of Noid. D. M°Phersone, yor of Invertromie. A. McPherson, Pitmean. Ja. McPhersone in Raits. Ja. M°Pherson of Balachroan. Alexr. McPherson of Phones. Mur. McPherson of Clun. James M°Pherson, Invernahaine. John McPherson of Coronach. Jo. M°Phersone of Bencher. McPhersone, yor of Kyllihuntly. John McPhersone in Strone. J. M°Pherson in Beille. Will. McPhersone, brother to Invereshie. E. McPhersone, brother to Benchar. Will. McPherson in Cloon. 280. Act of Parliament in favour of Ludovick Grant of Freuchie, establishing fairs in the Laird's possessions. 15th June 1693. Att Edinburgh, the fifteenth day of June jmvic and nyntie three yeares, our Soveraigne Lord and Ladie the King and Queens Majesties, and Estates of Parliament, takeing to their con- 360 ADDITIONAL CHARTERS [1693. sideration that it will be necessarie and convenient for his Majesties subjects and inhabitants within the shires of Inverness and Murray, that there be free faires and ane weeklie mercate holden at the places followeing, whereunto all their Majesties subjects may resort for buying and selling of bestiall, and all sorts of merchant commodities whatsumever that shall be brought thereto be any persones : Therefore their Majesties, with advyce and consent of the saids Estates of Parliament, doe allowe to Lodovick Grant of Freuchie ane free fair at the Kirk of Kyllemoir in Urquhart, within the shire of Innerness, the last Tuesday of August yearlie, to be called Lovis Faire ; as also another free fair to be holden there yearly, the day of November, to be called Lady Fair, and sicklyke ane yearly fair at Bellachastell, within the said shire of Inverness, the last Tuesday of Apryle yearlie, to be called Grantoune Fair ; as also another fair at Bellachastell the third Tuesday of August yearelie, to be called Castle Fair; and likewayes ane free Fair at the kirk of Duthell, within the shire of Murray, upon the first Tuesday of June yearelie, to be called Bettie's Faire ; as also ane yearlie faire at Abernethie, within the shire of Murray, upon the sixteenth day of November yearly, to be called Katherin's Faire, and sicklyke ane weeklie mercate at Bella- chastall one each Friday of everie weeke. And their Majesties, with advyce and consent for said, give and grantt to the said Lodovick Grantt the haill tolls, customes, emoluments, profits, and dueties belonging, or that by the lawes and practiques of this realme belongs or appertaines to any in the like caices, to be collected and ingathered be him, his tacksmen, servants, or collectors, to be appointed be him for that effect. Extracted furth of the Records of Parliament by George Viscount of Tarbat, Lord McLeod and Castlehaven, clerk to the Parliament and to their Majesties Councill, Exchequer, Registers and Rolls. Tarbat, CI. Regr. 281. Letter of Pension by James Earl of Perth to Sir James Grant of Dalvey, to conduct his legal business. 15th July 1693. We, James Earle of Perth, Lord Drumond and Stobhall, etc., considering that Sir James Grant of Dalvey, advocat, is a very knoweing, fitt, and weell qualified person to be imployed as ane advocat for us in all our effairs and processes at law, and being fully persuaded of the said Sir James his integritie and earnestness for our intrest, and the good and weel of our familie and esteate, therfor, and for his encouradgment, we heirby give and grant to the said Sir James, ane yearly pension of tuo hundereth merks Scots money, which we heirby declair to have comenced and begune at the feast and terme of Whitsunday last jmvi° nyntie three years, and therafter to continoue and endure in tyme comeing ay and whill we recall the samen by ane particullar writ signed with our oun hand ; and heirby we bind and obliedge us and our aires, executors and successors, and alse all persons intrusted be us as commissioners for manadgeing our effairs and esteate, and uplifteing the rents of the same, to 1858.] OF THE GRANTS OF GRANT. 361 make good and thankfull payment to the said Sir James Grant of the forsaid yearly pension of tuo hundereth merks money forsaid, and to make the first year's payment therof att the feast and terme of Whitsunday jmvjc nyntie four years, for the year preceeding, and so furth yearly at the forsaid terme ; and for that effect we heirby grant power and warrand to our factors and chamberlands to doe the same, ay and whil we recall this our present letter of pension by ane particullar writ under our oun hand allenarllie, as said is. In wittnes wherof (written be William Jackson, servitor to the said Sir James Grant of Dalvey, advocat), we have subscryved thir presents, att Drumond Castle, the fyfteenth day of Jully jmvjc nvntie three years, befor thir wittnesses, James Hay of Caruber, wretter to the signet, and the said William Jackson, wretter heirof. J. Hay, witnes. Perth. William Jackson, wittnes. 282. Patent by Queen Victoria creating John Charles Earl of Seafield Baron Strathspey of Strathspey, in the United Kingdom. Dated at Westminster, 14th August 1858. Victoria, by the grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, to all Archbishops, Dukes, Marquesses, Earls, Viscounts, Bishops, Barons, Knights, Provosts, Freemen, and all other our officers, ministers, and subjects what soever, to whom these presents shall come, greeting : Know ye that we of our especial grace, certain knowledge, and mere motion, have advanced, preferred, and created our right trusty and right well-beloved cousin, John Charles Earl of Seafield in that part of our United Kingdom of Great Britain and Ireland called Scotland, to the state, degree, dignity and honour of Baron Strathspey of Strathspey, in our counties of Inverness and Moray, and him, the said John Charles Earl of Seafield, Baron Strathspey of Strathspey aforesaid, do, by these presents, create, advance, and prefer, and we have appointed, given, and granted, and by these presents, for us, our heirs and successors, do appoint, give, and grant unto him, the said John Charles Earl of Seafield, the name, state, degree, style, dignity, title, and honour of Baron Strathspey of Strathspey aforesaid, to have and to hold the said name, state, degree, style, dignity, title, and honour of Baron Strathspey of Strathspey aforesaid unto him, the said John Charles Earl of Seafield, and the heirs-male of his body lawfully begotten and to be begotten ; willing, and by these presents granting, for us, our heirs and successors, that the said John Charles Earl of Seafield, and his heirs-male aforesaid, and every of them successively, may bear and have the name, state, degree, style, dignity, title, and honour of Baron Strathspey of Strathspey aforesaid, and that they, and every of them successively, may be called and styled by the name of Baron Strathspey of Strathspey, in our counties of Inverness and Moray, and that he, the said John Charles Earl of Seafield, 2 z 362 ADDITIONAL CHARTERS. [1858. and his heirs-male aforesaid, and every of them successively, may in all things be held and deemed Barons Strathspey of Strathspey aforesaid, and be treated and reputed as Barons, and that they, and every of them successively and respectively, may have, hold, and possess a seat, place, and voice in the Parliaments and public assemblies and councils of us, our heirs and successors, within our United Kingdom of Great Britain and Ireland, amongst other Barons as Barons of Parliament and public assemblies and councils ; and also that he, the said John Charles Earl of Seafield, and his heirs-male aforesaid, may enjoy and use, and every of them may enjoy and use, by the name of Baron Strathspey of Strathspey aforesaid, all and singular the rights, privileges, pre-eminences, immunities, and advantages to the degree of a Baron in all things duly and of right belonging, which other Barons of this our United Kingdom of Great Britain and Ireland have heretofore honourably and quietly used and enjoyed, or as they do at present use and enjoy : Lastly, we will, and by these presents, for us, our heirs and successors, do grant to the said John Charles Earl of Seafield, that these our letters-patent, or the inrolment thereof, shall be sufficient and effectual in the law for the dignifying, investing, and really ennobling him, the said John Charles Earl of Seafield, and his heirs-male aforesaid, with the title, state, dignity, and honour of Baron Strathspey of Strathspey aforesaid, and this without any investiture, rites, ornaments, or ceremonies whatsoever in this behalf due and accustomed, which, for some certain reasons best known to us, we could not in due manner do and perform, any ordinance, use, custom, rite, ceremony, prescription, or provision due, or used, or to be had, done, or performed in conferring honours of this kind, or any other matter or thing to the contrary thereof notwithstanding : we will also, and by these presents grant to the said John Charles Earl of Seafield, that he may and shall have these our letters-patent duly made and sealed under our Great Seal of our United Kingdom of Great Britain and Ireland, without fine or fee, great or small, to be for the same in any manner rendered, done, or paid to us in our Hanaper or elsewhere to our use. In witness whereof, we have caused these our letters to be made patent. Witness ourself at Westminster, the fourteenth day of August, in the twenty-second year of our reign. By warrant under the Queen's sign manual. C. Romilly. 363 ABSTRACT OF GRANT CHARTERS NOT PRINTED. 283. Notarial Transumpt made by Henry Clerk, presbyter of the diocese of Dunkeld, notary, at the instance of Mr. Gilbert Hay of Vry, of certain letters of agreement or public instrument under the seals of Duncan Makintosche, and Sir Alexander Dunbar of Westfelde, and Sir James Ogilby of Delfurde [Deskfurd], knight ; which agreement was entered into on the 10th of October 1476, in presence of George Earl of Huntly, Lord Gordone and Baidienacht, and the notary and witnesses, between honourable men, Duncan Makintosche, Captain of the Clanequhatane, and Lachlan McKintosche, his brother-german, on the one part, and Alexander McKintosche of Raithmorcouris on the other part, anent the debates, controversies, and claims between them respecting the lands of Raithmorcouris, with castle, woods, and pertinents thereof, in manner as follows, viz., that the said Lauchlan and Duncan of their own motive wills, and for their heirs and assignees, have renounced all right, claim of right, property and possession which they had, or may have in time to come, or that their pre decessors had to the lands of Raithmorcouris, castle, woods, and pertinents of the same, and exoner, absolve and quitclaim the said Alexander, his heirs and assignees, of these lands for ever, and surrogate the said Alexander into all their right or claim thereof; and bound themselves by oath to deliver to him, his heirs and assignees, all charters, documents, and instruments which they had affecting the lands, within forty days after date of the present instrument : For all which the foresaid Alex ander by oath binds himself and his heirs to render faithful service and homage for ever to the said Duncan and his heirs, his service and homage to the King and his successors, and to the lord superior of the lands, excepted and reserved, and the homage and service of the said Alexander to George Earl of Huntly excepted for his time only : The said Duncan and Lauchlan being further bound by a penalty of £1000 Scots, to be paid to the said Alexander if they troubled or molested him or his heirs in the said lands, or came in the contrary of the foregoing, and that before they should be heard in plea before any judge, and within forty days after such gainsaying of the present instrument, in discharge of the expenses spent by the said Alexander on the said Duncan and Lachlan for the said lands, which they on the date hereof acknowledge to extend to that sum; and if the said Alexander contravened the same, he was bound in a penalty of 40 merks Scots, half to the fabric of the Cathedral Church of Aberdeen, and the other half to the fabric of the Cathedral Church of Moray. On all which the parties asked instruments 364 ABSTRACT OF GRANT [1478- with the seal of the Earl to be attached. Done in the burgh of Edinburgh, in presence of Alexander Gordon of Megmar, brother of the Earl, Hugh of Yle, brother of the Lord of the Isles, Alexander Dunbar of Westfeilde, James Ogilby of Deskfurde knight, Mr. Gilbert Hay of Vry, James Innis of that Ilk, Walter Ogilby of Auchlivin, Mr. Alexander Vrcharde, Sheriff of Cormarte [Cromartie], John Ros of Balmagovne, and John Munro of Foulis. The notary's docquet to the original agreement states that the seals of Alexander of Dunbar of Westfelde, and James Ogilby, knights, were appended. The Transumpt was made in the burgh of Perth, in the dwelling-house of the deceased William Eider, 14th July 1478. 284. Precept of Sasine by George Earl of Huntly, Lord Gordoun and Badzenach, directed to Lachlan McKintoschie and Thomas Gordoun, his bailies, for infefting John Graunt, son and apparent heir of Duncan Grawnt of Frwchuye, in the Earl's lands of Fermestown, in the shire of Aberdeen, Kenrara, Blawye, and Gergaske in the shire of Inverness, which he had granted to the said John for his lifetime. Dated at the Palace of Spynie, 8th September 1478. The Precept is signed, " Georg Erl of Howntle." 285. Charter by George Earl of Huntly and Lord of Badzenacht, by which he gives, grants, and with title of vendition alienates and confirms to his well beloved John Grant of Frewche, his lands of Clewthre, with the pertinents, in the lordship of Badenoch and sheriffdom of Inverness, for a certain sum of money paid to him by the said John : To be held by him, his heirs and assignees, of the granter, his heirs and successors, in fee and heritage for ever ; with common pasturage within the commonty of the lord ship and the " schelis " of old custom pertaining to the lands of Clewthre, as freely as any land is given or possessed within the realm of Scotland, for rendering yearly a penny Scots at the feast of Whitsunday in name of blenchfarm only ; with clause of warrandice. Signed and sealed at the Earl's place of Getht, 4th February 1491, in presence of Alexander Lord of Gordon, his eldest son, Master Adam the Earl's brother, dean of Caithness, James Ogilwy of Deskfurd, knight, John Lesly of Wardris, James Dowglas of Pettyndretht, John Ogilwy of Myltoun, and Andrew Hay the Earl's marischal. Signed, " Georg Erl of Howntle." Seal in fair preservation. 286. Charter by George Earl of Rothes, Lord Leslie and Baron of BaUinbrech, to John Grant of Fruquhy, of his lands of Muldaris in the barony of Rothes and shire of Elgin : To be held by him, his heirs and assignees, of the granter and his heirs and assignees, in fee and heritage, for payment of one penny Scots on the ground of the said lands at Whitsunday, in name of blenchferm, if asked only. Dated at Falklande, 25th November 1507. Seal in good preservation. 1516.] CHARTERS NOT PRINTED. 365 287. Charter by Alexander Gaderar, burgess of Elgin, by which he grants and alienates to John Grant of Fruchuy his lands of Aldcasche, with the pertinents, in the shire of Elgin, for a certain sum of money : To be held by the said John Grant, his heirs and assignees, of the King and his heirs and successors, in fee and heritage for ever, for rendering the rights and services due and wont. The charter contains clause of warrandice, and is sealed at the burgh of Elgin, 10th January 1512. Witnesses, Mr. John Spens, subchantor and official of Moray, Thomas Leslie, rector of Kingusy, Barald Leslie, prebendary of Elgin, Sir Donald Thomson, chaplain of the castle of Duffous, Mr. Andrew Sinclar, vicar of Lagan, notary public, and others. Seal attached. 288. Notarial Instrument narrating that in presence of William Robertson, notary, and witnesses, an honorable man, John Grant of Fruchy, offered himself ready to fulfil and observe all and sundry conditions contained in a certain contract made and entered into between him and John Cuming of Ernishedde, dated the 10th May 1508, and also all contained in another contract made between them at Alter, dated 8th November 1508, and to infeft the said John Cuming in the lands according to the said contracts, and to do all else according as he was bound by their tenor ; and instantly required the said John Cuming, personally apprehended, to observe and fulfil on his part, all the things contained in the said contracts ; protesting that if he should do other wise, he would pursue him for the sum contained in the said contracts. Done in the parish church of Duthill, 8th September 1516, in presence of Barald Leslie, prebendary of Elgin, Walter Innes of Tuchis, George Leslie, captain of Rothes, and others. 289. Letters under the Signet, in the summons at the instance of James Grant of Freuchy, as executor to the deceased John Grant of Freuchy, his father, charging Finlay Ferquharsone, James Gordoun of Abirzeldy, James Stewart there, Alexander Stewart, son to Johne Neilsoun, Johne Stewart his brother, Donald McNychol, and Patrik McKintagart, and also against George Earl of Huntlie and Sir James Crechtoun of Frendraucht, knight, as sureties for them, to compear before the Privy Council, at Edinburgh, on the 21st day of April next, that they may be decerned to refund and deliver to the said James Grant, as executor, the following goods taken by them from his father at the times specified, or to give equal value for them, viz. : — In the year 1527, from the lands of Braemar, in the sheriffdom of Aberdeen, 96 cows, valued at 50s. each, sent by John Grant with his servant to the king, in payment of the king's rents for the lands of Vrquhard and Glenfarmych [Glencarnie] : Also in December of the same year, from the lands of Vry, near Cowe, in Mvrenes, in the sheriffdom of Kincardine, from Sir Alexander Farquharsone, chaplain and servant to John Grant, 366 ABSTRACT OF GRANT [1532- one black and one brown horse, valued at 10 Hb. each ; one doublet of double worsted, at 48s.; three shirts, at 6s. each; two swords, at 58s. each; two pair of hose of black and white cloth, at 1 4s. the pair ; one lib. of pepper, at 1 0s. ; four ounces of cannell [cinnamon], at 1 6s. ; half a lib. of ginger, at 4s. ; two ounces of saffron, at 1 2s. : also, to refund and pay the profit which James Grant and his father might have had of the cows and horses since the time of the taking of them, the yearly profit of each cow in milk, stirks, butter and cheese, being valued at 1 3s. 4d. ; and the yearly profit of each horse in work, labour and riding, valued at 40s. The summons further narrates that the persons pursued had been indicted at the last Justice Court at Aberdeen, for art and part of the charges above mentioned, and had compounded for the King's remission for the same, and also that George Earl of Huntly, with consent of John Lord Erskine, his curator, and Sir James Crichton of Frendraught, knight, were taken to be pledges and securities. The letters are dated at Edinburgh, 26th February, the 19th year of the King's reign [1532]. 290. Charter by Patrick bishop of Moray and perpetual commendator of Scone, with consent of his chapter, whereby for an augmentation of his rental extending yearly to the sum of six pounds Scots, and a great sum of money paid to him by William Grant, son of John Grant of Fruchye, and other good deeds done to him by the said William, he gives and lets heritably in feu-farm to the said William Grant and his heirs his lands of Vuirfinlarg, alias Mukroth, Midfinlarg, and Nedirfinlarg, with their perti nents, in the barony of Strathspey, regality of Spyny, and shire of Elgin and Forres ; which lands were let before for £12 as the old maill thereof, and three marts, price of the piece 24s., extending to £3, 12s., and six bolls of oats, price of the boll 4s., extending to 24s., the sum total of the whole old ferm extending yearly to £16, 16s., and now, in augmentation of the rental, to the sum of £6 as the third penny more than ever the lands paid before : To be held by the said William and the heirs- male of his body, whom failing, the said James Grant and the heirs-male of his body, whom all failing, the lawful and nearest heirs-male of the said James Grant whomso ever, bearing the name and arms of Grant, of the granter and his successors bishops of Moray, in feu-farm and heritage for ever, for yearly payment of the ancient rental, and augmentation above specified, extending in whole to the sum of £22, 16s. Scots, at two terms, Whitsunday and Martinmas in winter by equal half portions ; the heirs- male foresaid doubling the said sum the first year of their entry, and giving suit and personal presence at the three head courts to be held at Spiny, and in every justice-eyre of the regality of Spiny ; the tenants and inhabitants of the lands also giving suit and personal presence in the justice-eyres ; and the said William, whom failing, the said James Grant and their heirs, to be faithful to the Bishop and his successors, and his 1541.] CHARTERS NOT PRINTED. 367 church of Moray, and to do them thankful service ; the said William and his heirs, and the tenants and inhabitants of the lands, being bound to go with the Bishop or his bailie in the host of the sovereign lord the king to war, when summoned, sufficiently provided in arms, clothing, and other necessaries, at their own expenses, according to the custom of the country and Acts of Parliament. With clause of warrandice. Dated and sealed with the Bishop's round seal, and subscribed and sealed with the common chapter seal of the Cathedral Church of Moray, and subscribed by the canons in token of their consent, at Elgin, in the Chapter house of Moray, 7th May 1541, in presence of James Innes of Drany, Patrick Kynnarde, William Ogiluy of AUanboye, Thomas Hay, vicar of Duffous, James Douglas, prebendary of Bothuall, and others. Signed, " Pa. Morauien. Epua de Scona Comedatarius." " Alexr Dubar madato regio subsdbo." "Guliemus Gordon cancel- larius Morauien." " Archibaldus Dubar, archidiaconus Morauien." " Willm9 Pa?sone, subdecan9 Morauien." " Gav' Lesly de Kyngussy." " Johnes Burt pbedari? de Moy ss*." " Jacobus Hepburn thesaurarius." " Alexander Hepburn de Ryne.'' "Alexr Suy5land de Duffous manu gp^a." " Joannes Innes pbendarius de Elgin ss'." " Thomas Gaderar de Talaraky." " Alex1 Suycland de Duffous subscribo et procuratorio nomine magistrorum Jacobi Strachyne et Alexr Hebroyne pbedarioru de Ryne et Botary." " Jacobus Strathauchin a Botary." " Jacobus Hepburn thesaurarius.'- " Johanes OgUuy de Petty." 291. Precept of Sasine by Patrick Bishop of Moray, and perpetual commendator of the monastery of Scone, narrating that with express consent of his Chapter of his Church of Moray, to the weal of his Church of Moray, and augmentation of his rental yearly by the sum of £4, 16s. 2d. more than the underwritten lands and fishings had ever before paid, for a great sum of money paid to him by John Grant of Culkabok and James Grant his natural son, to be turned to his use and the reparation of his Cathedral Church, to the policy and improvement in the common weal, in view of the Acts of Parliament thereupon, and to the repair and construction of houses, buildings, dovecots, ponds, and gardens upon the lands, etc., and for good deeds done by the said John and James Grant to the Bishop, he had given and granted, set, and in feu-farm let to the beforenamed John Grant of Culkabok and Elizabeth Innes, his spouse, in liferent, and to James Grant, son natural of the said John Grant, and the heirs-male of his body lawfully begotten ; whom failing, to Alexander Grant, also son-natural of the foresaid John Grant of Culkabok, and the heirs-male of his body lawfully begotten; whom failing, to John Grant, also son natural of the said John, and the heirs-male of his body lawfully begotten ; whom all failing, to the true and nearest heirs-male of James Grant of Fruchye whomsoever, 368 ABSTRACT OF GRANT [1541- bearing the name and arms of Grant, the lands of Westir Ellochy, with mill and fishing upon the water of Spey belonging to the said lands, the Portar Croft, and boat called the " Ferrie cowbill," upon the water of Spey, and the lands of Kin- cardyn, with fishings thereof upon the water of Spey, in the barony of Strathspey, regality of Spyny, and sheriffdom of Elgin and Forres ; for which reasons he charges his bailies in that part to give liferent state of the foresaid lands to the said John Grant of Culkabok and Elizabeth Innes, his spouse, and heritable state thereof to the said James Grant, natural son of the said John Grant of Culkabok, by delivery of earth and stone, cord and net. In witness whereof, the Bishop's round seal is appended, and the common seal of the Chapter, with the Bishop's subscription and the subscriptions of the Canons in testimony of their consent. At Elgin, 7th [date illegible, but probably May 1541]. Signed, "Pa. Morauien. Epus de Scoa Comeda- tarius." " Alexr Dubar decanus madato Regio subsc1bo," etc. 292. Charter granted by Norman Leslie, son of George Earl of Rothes, Lord Leslie, fiar of the lands underwritten, and George, his father, lord of the franktenement of the same, in favour of James Grant of Fruquhy, confirming to him, his heirs and assignees their lands of Vester Muldari, the Hawchis, Myddyll Muldari, Bogbin, with mill, and their pertinents, in the earldom of Rothes and shire of Elgin and Forres, which formerly belonged heritably to his father, the late John Grant of Fruquhy, and were in their hands as lords superior through the death of the said John Grant and nonentry of the heir ; and further, for the good service done and to be done to them by the said James Grant, they quitclaim in his favour all right, title or claim they, their predecessors or successors, had or might have to the same by reason of escheat, forfeiture, or other cause : To be held by the said James and his heirs of Norman Leslie, his heirs and assignees, in fee and heritage, for payment of a penny Scots yearly at Whitsunday on the ground of Vestir Muldari in name of blenchferm, if asked only. Sealed and signed at Strwdir and Cuper in presence of John Lord Lynsay of Byris, Andrew Lynsay, David Lynsay, and others, 12th June 1541. Signed, " Normund Leslye, wytht my hand, at the Strudyr." " Ge. erl of Rothes, w* my hand, at Cowp." Both seals attached. 293. Sub-lease by Donald Glas, who holds from James Grant of Fruchy, for the term of nineteen years, the lands of Logane, Ardinche, and Ballynnaspy, with their pertinents, in the barony of Strathspey and sheriffdom of Inverness, setting and letting to his brother, Angus Williamsoun, and his heirs-male, and failing them, to the granter and his heirs whatsoever, and to his cotters and sub-tenants of no higher degree than himself, the lands of Ardinche and Ballynnaspe, with the 1542.] CHARTERS NOT PRINTED. 369 fishings in the Loch of Lochinche, and with hawking and hunting and all the pertinents thereof for nineteen years. The entry to the same to be at Whitsun day following the date of the lease; the lands and pertinents to be peaceably enjoyed for the full space already stated, with houses, buildings, etc., and other commodities and righteous pertinents whatsoever pertaining thereto, without revo cation or impediment. Angus Williamsoun, his cotters and subtenants, or then- factors, to pay therefor yearly, during the term above mentioned, to Donald Glas, his heirs or their factors, the sum of ten merks, ten shillings and eight pence at the terms of Whitsunday and Martinmas, in equal portions, and to be ready at all times to pass with Patrik, Bishop of Murray, to the king's wars : Donald Glas binding himself to warrant the terms of the lease against all deadly, has subscribed the same, and in the absence of his own seal, has procured and affixed the seal of Patrik Grant of Dalvay. Dated at Edinburgh, 20th May 1542, before these witnesses, Jhone Grant of Ballindalloch, Patrik Grant of Dalvay, James Grant of Fruche, Schir Jhone Maitland, and Johne Hay, with others. 294. Letters under the signet of King James the Fifth, narrating the complaint of Elspeth AUester, dwelling under James Grant, against Allester, son of Patrick Grant, and Maister William Grant, his brother, who, with accomplices, upon " vphaly day last bypast," under silence of night, by way of hamesucken, and in a murderous manner, came into the house of Elspeth Allester, in Little Cardell, in Stropey [Strath spey], armed with bows, arrows, and drawn swords, and slew the child of Elene Williamson's daughter in her arms, the child being six months old, and she asking God's peace and the King's. They also tied her hands, laid her bound upon a stool, and with a sword cruelly cut off her left hand and arm, and stole from her all her goods in the house, such as wool, lint, and " insicht '' goods, as well as two bolls of beir which should have been sown ; and have thereby hurt her, her house and children, and put them to extreme poverty, in high contempt of the King's authority and laws, if such charges be true. Wherefore the Letters charge messengers to summon the persons who have committed the above crimes and their accomplices, personally if they can be apprehended, or failing this, by open proclamation at the market cross of the shire where they dwell, to compear and underly the laws before the King's Justice or his Depute, at the Tolbooth of Edinburgh, on 19th October next. Dated at Edinburgh, 8th July, and of the King's reign the 29th year [1542]. 295. Copy Contract between George Gordoun of Rothemurcus, with consent of his father, George Earl of Huntlie, as his tutor and governor, on the one side, and Alexander Dolles of Canttraye, who alleges that he has the consent of James Keir (Macintosh), eldest son 3 a 370 ABSTRACT OF GRANT [1542. and heir of the late Allan Keir (Macintosh), sometime of Rothemurcus, with advice of the well-advised friends of James Keir, on the other side, as follows : — George Gordoun obliges himself to sell and dispone by resignation, or by charter and precept of sasine, to Alexander Dolles and his heirs heritably, all and whole the lands and barony of Rothemurcus, with tenants, tenendries, service of free tenants, fortalice, lochs, woods, and fishings thereof, to be holden of Patrick Bishop of Moraye, and his successors, in feu-farm, for payment of such feu mailis and duties, as the feu-charter of George Gordoun specifies : and to make Alexander Dolles, and his heirs, assignees in and to an assedation of the teind sheaves of the kirk of Rothemurcus, which he has of the bishop for nineteen years : and to deliver all the evidents which he has of the lands of Rothemurcus, as well as the assedation already mentioned, with an assignation thereof: Alexander Dolles, on behalf of himself and his heirs, discharging and renouncing all warrandice that he has or may have through this alienation against George and his heirs, except that the Earl of Huntly shall be obliged for himself and his heirs to warrand the lands and barony referred to at the hands of George his son, and his heirs, to Alexander and his heirs whatsoever, for which Alexander shall content and pay to George, and to the Earl his father, as his tutor and governor in his name, the sum of eighteen hundred merks at the making of this contract, three hundred merks within eight days thereafter, and four hundred merks at Whitsunday following : and for security thereof, Alexander shall cause that Hucheon Ros of Kilrayok, John Grant of Ballindallocht, Arthur Stewart of Kilmacloyne, and Alexander Lesle, young Laird of Wardores, be acted along with himself in the official's books of Moray, each for one hundred merks at the Martinmas term ensuing, and shall infeft George Earl of Huntlie, heritably, by charter and sasine, in all and whole the lands of Lairgis, in the sheriffdom of Inverness, with the pertinents of the same, to be holden of the King of Scotland for the time, and his successors, as Alexander himself holds them, the Earl giving to him a reversion and letter of regress containing the sum of four hundred merks, and also a letter of tack of the said lands of Lairgis after the outquitting of them, for the space of five years, paying therefor twenty merks yearly, in case Alexander shall not have paid the sum of eight hundred merks at the term of Martinmas. Also he shall infeft the Earl in all and whole the six merk lands of Cantrafresser, to be held of Alexander and his heirs blanche, for payment of one penny yearly, in security of payment of two hundred merks of the whole sum, the Earl to give him a reversion containing the sum, with a letter of tack after the outquitting for five years, for payment of six merks maill, in case Alexander fail to pay the complete sum of eight hundred merks by the time above stated. The lands of Lairges and Cantrafresser not to be redeemed by Alexander, unless at one time, and both together ; and for observing of all the premisses contained in this contract each party is bound and obliged, one to the 1542.] CHARTERS NOT PRINTED. 371 other, by the faith and truth in their bodies ; and for greater security they are content that the contract be registered in the official's books of Moray, and they to be bound to the same under the pain of cursing. The contract is subscribed by George Erie of Huntle, George Gordoun and Alexander Dolles, and is dated at Elgin, 29th December 1542, in presence of Robert bishop of Orknai, Alexander prior of Pluscardin, Robert Innes of Innermerkye, Robert Dunbar of Durres, Alexander Bailze, constable of Inuernes, James Innes of Rothmakenze, and Schir Thomas Hay, vicar of Duffus, as witnesses. A note is appended, of the same date as the contract, anl signed by Thomas Hay, notar, calling upon the parties above enumerated to implement their securities. 296. Charter by Patrick Bishop of Moray and perpetual commendator of the monastery of Scone, with consent of his chapter, whereby, for augmentation of his rental and a sum of money paid to him by Duncan Grant, converted to his own use and the use of the Cathedral Church of Moray, and for other good deeds done by the said Duncan to him, the said bishop gives, leases, sets in tack, and lets in feu- farm heritably, to the said Duncan and his heirs-male, the lands of Ester Ellochy, with fishings on the water of Spey, in the barony of Strathspey, regality of Spyne, and shire of Elgin and Forres, which lands were previously let for £6 Scots as the old maill, and a mart of the price of 24s., two bolls of oats, price of the boll 4s., the whole ancient maill extending to the sum of £7, 12s., and now in augmen tation of rental, the sum of £3, as the third penny more than ever the said lands paid before ; and the multure ferms of the said lands extend yearly to 5s. 4d., and now in augmentation of rental to 2s. 8d., and the old ferm of the said fishings extends yearly to 3s. 7d., and now in augmentation to the sum of 21d. : To be held by the said Duncan Grant and the heirs-male of his body, whom failing, by James Grant of Fruquhy and the heirs-male of his body, whom all failing, to revert to the nearest heirs-male of the said James Grant whomsoever bearing the surname and arms of Grant, of the Bishop and his successors, Bishops of Moray, in feu- farm and heritage for ever; with power to dig, labour, and till new cultures on the said lands, and to fish on the water of Spey, with nets, boats, " wachsperis and currokis," for payment yearly of the foresaid sum of £6 as the old maill, a mart at 24s., oats 8s., ferm multures 5s. 4d., the ancient maill of the fishings 3s. 7d., sum total of the ancient mailis £8, Os. lid.; augmentation, £3, 4s. 5d. ; extending in whole to the sum of £11, 5s. 4d., at two terms in the year, Whitsunday and Martin mas in winter, by equal half portions ; the heirs doubling the said sum the first year of their entry ; and the said Duncan and his heirs doing suit and personal presence at the Bishop's three head courts held at Spynie, with suit and personal presence in 372 ABSTRACT OF GRANT [1542- the justice-eyres of the regality of Spynie, the tenants giving suit and personal presence there also : the said Duncan and his heirs to be faithful to the Bishop, and give attendance in the King's host with the Bishop or his bailie, etc. Sealed with the Bishop's round seal, and the common seal of the Chapter of the Cathedral Church of Moray, and subscribed by the Bishop and by the Canons representing the Chapter for the time in sign of their assent and consent, at the Cathedral Church, in the Chapter-house thereof, on the 16th of January 1542. Witnesses, James Innes in Drany, Patrick Kynnard, WilHam Ogiluy of Allanbow, Thomas Hay vicar of Duffus, James Douglas prebendary of Boithuile, and others. Subscribed, "Pa. Morauien. Epus de Scona comedatarius." "Gavinus Lesly de Kyngusy p°bedarV " Thomas Gaderar de Talaracy." " Guliemus Gordon Morauien. cancellarius." " Thomas Wallas de Wnthink." Both seals in good preservation. 297. Letters of Poinding, under the signet of Mary Queen of Scots, directed to the Sheriff of Inverness and his deputes, and messengers, sheriffs in that part, narrat ing an Act and Decreet of the Lords of Council, dated at Edinburgh, the 26th of February, the year of God 1517, for the late John Grant of Fruchy against the late Donald IHs of Lochelsche, knight, William Chesholme of Comermoir, Donald M° Alister and the late More Euyne in Pontait, Alexander Anderris, John M°Alistis son, Donald McGillespy, decerning them to have done wrong in the wrongous violent spoliation, taking and withholding from the said deceased John Grant and his servants, keepers thereof, of the place and fortalice of Vrquhart pertaining to him heritably in feu-farm, by assedation and infeftment made to him by the Queen's father ; and in the spoliation and away taking from him of his victuals and household goods, being in the said place, " sik as pottis, pannys, kettillis, nop, beddis, scheitis, blankettis, coueringis, coddis, fische, fleische, breid, aill, cheis, butter and vther stuff of hous-auld and salt hydis, extending be guid estimatioun to the sovme of jc H with the mair ; " and also in the wrongous spoliation and away taking from him out of the places under mentioned the goods and victuals following, viz. : — Out of the town and grange of Kile Sanct Nynnane of iij° bolls of beir, ijc bolls of oats with the fodder; out of the town and lands of Corminyane, a hundred bolls of beir, ijc bolls of oats ; out of the lands of Auchmony, lx bolls beir, vjxx bolls oats ; out of the lands of Petcarilmoir and Dulschangy, a hundred bolls of beir, ij bolls of oats ; out of the town and lands of Mekly, vj score bolls oats, lx bolls beir ; out of the town and lands of Kerrogar, vj score bolls of oats, lx bolls of beir ; out of the lands of Tulauchla, vj score bolls of oats, lx bolls of beir ; price of the boll of oats with the fodder, iiij s. ; price of the boll of beir with the fodder, viij s. : And also in the spoliation and away taking and with holding from him out of his said lands of three hundred kine, price of the piece 1549.] CHARTERS NOT PRINTED. 373 xxvj s. viij d. : a thousand sheep, ewes, and wedders, price of the piece o'erhead, iiij s. : which goods, corn, and cattle pertained to the said deceased John Grant and his servants, and were spoiled from him out of the said house and lands by the said persons and their complices at the feast of Allhallowmas, or near thereby, in the year 1513: And also in the wrongous occupation, manuring, and laboring of the said lands, and intromitting with the profits that he might have had of the same, for three years thereafter, extending yearly in free goods, the expenses made upon the labouring being deducted to iij u bolls of beir, ij° bolls of oats, with the grass and pasture of vjc kine and oxen, a thousand sheep and goats, ij horses and mares, ij swine, price of each " swynnis " grass yearly xviij d., and mailis, carriage service, profits and duties of the said lands and lordship of Vrquhart, extending in all for the. space of three years to vj score merks in money, xj score bolls victual, beir and meal, price of the boll viij s., as was contained at more length in the summons made thereupon, and therefore should content and pay to the said John Grant of Freuchy the sum of ijm Lt. money of the realm, the " skaith " having been referred to his oath, who made faith that his losses extended to the said sum " with the mair," as at more length was contained in the said decreet, — which decreet the Queen and Lords of Council have transferred, and hereby transfer, in and upon Margaret Ilis, one of the two sisters and heirs of the said deceased Donald Ilis, Thomas Dinwell of Kildune, son and heir of the late Jonet Ilis, his other sister and heir of the said late Donald and successor to him, and in and upon the said Donald Mc Alister for himself, and as heir to the said late More Euene Ewin in Pontait, his mother, and on Alexander, John McAlister's son, William Chesholme, and Donald McGilaspy, passive, on the one part, and James Grant of Frewchy, son, heir, and executor of his father, the said deceased John Grant of Freuchy, active, on the other part, in order that letters be directed at the instance of the said James Grant, for apprising the lands and goods of the said Margaret and Thomas, as heirs and successors aforesaid, and the remanent persons above written. Whereupon the Queen charges her sheriffs in that part to " compell, poynd, and distrenze " the said persons, their lands, and " mak penny of thair reddiest gudis," and failing of moveable goods, to apprise their lands, after the form of the Act of Parliament, to the value of the said goods, sums of money and profits above written, and make the said James Grant be fully paid thereof, after the form of the said decreet and transferring. Given under the signet at Edinburgh, 6th May, seventh year of the Queen's reign [1549]. 298. Positions on which the parties, principal, defender, and witnesses ought to be examined on oath, in a certain case of appeal by George Grant and John Grant of Balindolowche his father, governor and curator, appellants, against Patrick Grant 374 ABSTRACT OF GRANT [1549. and Mr. James Rolland, his curator ad lites, and the venerable Mr. Alexander Sutherland, dean of Caithness, and official of Moray, respondents.1 The appellants' motions follow : — Item, first, the said parties, appellants, assert and intend to prove that the late John Grant of Culcabok, by the space of thirty years or more immediately preceding the date hereof, married a certain Isobel Innes, solemnised marriage with her in face of the kirk, and lived with her as his true spouse and wife, in house and family, bed and board, and mutual cohabitation, and they treated each other as husband and wife, for the space of twenty-five years after the solemnisation of the marriage till before the death of the said John Grant of Culcabok, and all that time the said John and Isobel were by their neighbours held and reputed as spouses. Item, secondly, that during the said marriage, a daughter was born to them named Isobel Grant, whom John Grant of BaUindalloche, appellant, married, and solemnised the marriage in face of holy kirk, and that for a long time they were esteemed and reputed spouses, and lived together in mutual cohabitation. Item, thirdly, that during the marriage of the said John Grant of BaUindalloche and the said Isobel Grant, the foresaid George Grant, the appellant, their son, was born, and was held and reputed to be their son; and that there were no other children of the marriage between the said John Grant and Isobel Innes other than the said Isobel Grant. Item, fourthly, that because of the premises, the said George Grant ought of right lineally to succeed the late John Grant of Culcabok, his grandfather, in his heritage. Item, fifthly, that notwithstanding the premises, it had come to the knowledge of the said George, appellant, son natural to the said John Grant of Ballindalloch, also appellant, and to the knowledge of the said John Grant, within six or eight days immediately preceding the date hereof, viz., the 9th day of May instant [the year of God 15] 4 9, and no earlier, on which they have made oath to their notary of an appeal of the cause, and they were as yet not fully informed of the wrongs under written done to the said George, that the lord official of Moray and his commissaries for the time, cognoscing and proceeding, although wrongously, to no effect, and unjustly, in a certain pretended cause of divorce, moved and intented by the said late John Grant of Culcabok against the said Isobel Innes, passed and promulgated their pretended sentence, if such it may be styled, being a nullity, in favour of the 1 The statements in this document are pleadings had married John Grant of Ballindalloch. George in an appeal to the Consistorial Court of Moray Grant claimed to be heir of his grandfather in on 9th May I"i49. The appellant, George Grant, opposition to Patrick Grant, afterwards of Glen- was a grandson of John Grant of Culcabock and moriston, son to John Grant of Culcabock by a Glenmoriston by the latter's daughter Isobel, who second marriage. 1549.] CHARTERS NOT PRINTED. 375 said deceased John against the said Isobel Innes, without any cognition of the cause and in opposition to all order of law ; and the said Isobel was never yet cited, or was convicted without just probation, to the grievous hurt and prejudice of the said late Isobel Grant, and the said George, appellant, grandson and heir of the said late John Grant of Culcabok ; by which pretended sentence and promulgation thereof, the said George, appellant, will peradventure be secluded from the succession and order of succession to the said deceased John Grant his grandfather, as to his lands and heritage. Item, sixth, that thereupon the said lord, now official of Moray, conform to his custom, unjustly, wrongly, and to no effect, as to which the said complainers gave their judicial oath to their notary of an appeal of the cause, as is more fully contained in their appeal referred to, directed and fulminated his pretended letters testimonial, declaring to all that desired to know, the divorce past simpliciter between the said Isobel Innes and the late John Grant of Culcabok, formerly her spouse, in the auditorium of Moray, and their pretended sentence made thereon to the effect foresaid : Whereas in fact no sentence tending to divorce was passed and promul gated in the said auditorium to the effect foresaid. Item, seventhly, that during the marriage between the said deceased John Grant of Culcabok and Isobel Innes, the said deceased John Grant committed adultery with Agnes Freser, surviving, who stood in the fourth and fourth, or at least the nearer degrees of consanguinity, to the said Isobel Innes, and so to the said deceased John Grant in the same degrees of affinity, and therefrom descended the principal party respondent, etc. Follows the computation of the said degrees : — Item, eighthly, that the late Hugh Freser, Lord of Lovett, begot the deceased Hugh Lord of Lovet, and Eufamia Freser, brother and sister german, commonly held and reputed for such, which Hugh Lord of Lovett, first of that side, begot the deceased Thomas Lord of Lovett ; who begot William Freser ; which William begot Agnes Freser, asserted spouse of the late John [Grant] of Culcabok, still surviving, fourth of that side, commonly held and reputed for such. Item, ninthly, that the deceased Eufamia Freser, sister-german of the said deceased Hugh Freser, first of that side, bore the deceased Robert Innes, knight, of that Ilk ; which Robert Innes, knight, begot Walter Innes ; which Walter Innes begot Isobel Innes, spouse of the said deceased [John] Grant of Culcabok, she being fourth of that side, and held and reputed for such. Consequently, the said deceased John Grant and Agnes Freser at the time of their contracting of marriage, if any contracting were, stood to each other in the same degrees of affinity, viz., fourth and fourth. 376 ABSTRACT OF GRANT [1549- Item, tenthly, that if in any way the foresaid deceased John Grant took to wife the said Agnes Freser before the said Isobel Innes, — the said deceased Isobel Innes being ignorant and unacquainted with the fact, — he begot a certain Patrick Grant, surviving, the respondent, in illegitimacy and adultery with the said Agnes Freser ; or at least if any pretended marriage were contracted between the said John and Agnes Freser, and solemnised in face of the church, as the parties respondent insinuate, that this marriage was clandestinely contracted within the degrees of affinity prohibited by law, within which they could not contract marriage, banns not being proclaimed. Item, eleventhly, that the said Agnes Freser also at the time of contracting the said pretended second marriage, if any were contracted, knew that the said Isobel Innes was the spouse of the said deceased John Grant, and could not plead ignor ance : also that at the time of contracting the pretended second marriage, if any were contracted, as the parties respondents insinuate, between the said deceased [John] Grant and Agnes Freser, the said Agnes Freser and Isobel Innes for many years previously were indwellers in the same province, viz., in the diocese of Moray, at the time of the second marriage, and for five years and more before it were living within thirty miles of each other. Item, twelfthly, that it follows from the premises, the said Patrick Grant, respondent, is illegitimate, and that the said George Grant, appellant, is heir of the said deceased John Grant, his grandfather, and that the said [Patrick Grant] ought to be excluded and repelled from the heritage of the said deceased John Grant. 299. Contract, in the form of a Notarial Instrument, whereby Thomas Seres and James Farquharson, notaries, certify that in presence of them and witnesses, there personally compeared James Grant of Frwchie, on the one part, and Alexander Grant, brother - german of John Grant of Ballindallach, on the other part, between whom it was communed, agreed, and finally ended, in manner following, to wit : — The said Alexander Grant for himself, his heirs and assignees, hereby renounced all right, title, plea, cause or instance he had against the said James Grant, his heirs, executors, and assignees, for the unjust or violent occupation, labouring or withholding of the lands of Cardellis Meikle and Little, Putcroy, Delnaport, Sundinhillok, and fishing of the same, lying on the water of Spey, occupied by the said James or others whomso ever in his name, in time past, or to be occupied in time to come : Exonerating and quitclaiming the said James, his heirs and others whomsoever, as beforesaid, of such wrongous or violent occupation of the foresaid lands and profits thereof for now and ever, paying yearly and termly for the same as he is bound to pay : And further, the said Alexander bound himself to the said James by oath, and to his heirs and assignees, to infeft him and them in the said lands and fishing in perpetual feu-farm 1551.] CHARTERS NOT PRINTED. 377 in the same manner as the said Alexander is infeft in them, according to the com muning between the said James and the prior and convent of preaching friars of Elgin, on account of the causes subjoined, viz., the said James has bound himself and his heirs, immediately after he had got infeftment of feu-farm of the lands, to set the lands of Littil Cardill, with the pertinents, in tack to the foresaid Alexander for his lifetime, for payment of the annual ferm used and wont to be paid to the prior and convent ; and likewise to pay to the said Alexander the sum of one hundred merks Scots, the said Alexander doing service to the said James and his heirs in honourable service during his life, as the rest of the surname do ; for which the said Alexander in like manner binds himself, if he should depart this life without offspring of his body lawfully begotten and surviving, to leave all his moveable goods upon the said lands at the time of his decease to William Grant, son of the said James Grant, without fraud or guile, and binds himself, his heirs, executors, and assignees, to fulfil the premises. Done in the garden of Mr. Alexander Cuming, within the burgh of Elgin, 26th July 1551, in presence of John Roy Grant of Carone, William Ogilvy of Allanboy, and others, and certified by Thomas Seres, Professor of Arts, clerk of the Brechin diocese, and James Farquharson, Master of Arts, priest of Aberdeen diocese, notaries. 300. Copy Contract of Marriage entered into by James Grant of Freuquhy for himself, and Margaret Grant, his daughter, on the one part, and Alexander Cuming of Alter for himself, and Thomas Cuming, his oye, on the other part, whereby, for renewing the old kindness and ¦ " allia " that was betwixt the said parties' " forbears," and houses, and stablishing the same in time to come, it is accorded that the said Thomas Cuming, grandson to the said Alexander, and failing him, the eldest son of the said Alexander and Jonet Brown now his spouse, and failing a son by decease, another who shall be in the first place to succeed to the said Alexander, shall marry the said Margaret Grant, daughter of the said James, and failing her, any other younger daughter gotten in lawful matrimony, and failing his daughter by decease, shall marry a daughter of John the Grant of Mulben, his eldest son and apparent heir, and solemnise the marriage in face of holy kirk as soon as they attain perfect age ; and the said Alexander Cuming agrees, either by resignation or charter of confirmation, as shall best please the said James, to place the said Thomas, his oye, in his lands and baronies of Doles and Alter, to be held of the Queen's grace, and in all the other lands he had, to be holden of their overlords as he holds them now, to him and the heirs of his body, whom failing, to the nearest heirs of the body of the said Alexander and Jonet Brown, whom failing, to the said Alexander's nearest heirs whatsoever, with reservation of his franktenement and a reasonable terce to his wife ; 3 B 378 ABSTRACT OF GRANT [1552- and to give to his said oy or his son that should marry one of the said James the Grant or John the Grant's daughters, to him and to her, in conjunct-fee, and the heirs of their bodies, whom failing, to the said Alexander's heirs whatsoever, four score merk land of his said lands at the completing of the marriage ; and for security of the said marriage after sasine was taken by virtue of new infeftment by the said Alexander's grandson or son, as said is, the said Alexander, with his oy or son's consent, shall alienate and sell to the said James Grant and his heirs the marriage of his said " oye " or son that happens to be seized in the said baronies and lands, to be married upon his daughter or son's daughter, as said is, and shall make a letter under his seal and subscription in due form thereon. For which causes the said James shall pay to the said Alexander the sum of 1000 merks Scots ; of which 400 had already been paid to the baron of Kilraok in redemption of the Mains of Alter and other lands, which had been comprised ; of which the said Alexander acknowledges the receipt, and also of another 100 merks, leaving 500 merks, which the said James binds himself to pay at Martinmas 1553. Further, as soon as by means of the said Alexander or James, Robert Cuming, son of the said Alexander and Jonet Brown, who had the lands of Mekle and Litill Bronquhellis, Craigtoun, mill and alehouse of the same, in the parish of Doles, held in feu-farm, was provided heritably to so much land, or the avail thereof, between the waters of Findorne or Spey, the said Robert should renounce and give over the said lands to remain with the said Thomas : And further, for ease and honour of the said Alexander, that he may live at rest and quietness in his age, and that neither the said Thomas, nor any son that might succeed to him, should grow proud nor insolent, and commit enormities, and displease the said Alexander, the said Alexander should have a reversion of the lands and baronies from his said oye or son, contain ing the sum of ten pounds, from them and their heirs, " in cace of the committing of ane gryt vilful and manifest fait, misrewll and ewill gyding, as said is :" The reversion to be in the keeping of Robert, Bishop of Orkney, and not to be used but by his advice, and in case of his death, to be kept by the said James or John Grant ; and that the five hundred merks of tocher still to pay be expended on the redemption of the lands then in wadset, by advice of the said James Grant, and the yearly profit to be taken up by the said James, and kept to the behoof of the " barnes " when they were married. Both parties agree to the registration of the contract in the official's books of Moray, and to be admonished under the pains of cursing to fulfil the same. Witnesses, Robert, Bishop of Orkney, Mr. John Campbell, prior of Ardehattene, Alexander Cuming of Irnsyid, Thomas Name of Cromdell, John Name his son, and Mr. Peter Gilbreyth, notary public. Dated at Elgin, 15th September 1552. 1557.] CHARTERS NOT PRINTED. 379 301. Charter by Andrew Leslie, fiar of the earldom of Rothes and lands under written, and his father, George Leslie, lord of the frank-tenement of the earldom and lands, in favour of John Grant of Freuchy, whereby for the good deeds and services done to them by him and his father, the late James Grant of Fruchy, of good memory, and to be done by the said John Grant in future, they grant and confirm to the said John the lands of Muldareis, with glens thereof, Westir Muldareis and Bogbend, with mills and multures, in the earldom of Rothes and shire of Elgin and Forres : To be held by the said John Grant of Freuchie and his heirs-male whomsoever, of the granters and their heirs and successors, Earls of Rothes, in fee, heritage, and free blench ferm for ever, for payment of one penny Scots yearly at Whitsunday, if asked only. Signed and sealed at Edinburgh, 12th December 1554. Witnesses, David Balfour of Dovene, John Paterson, and James Forret. Signed, "Rothes." "Andrew Leslye." Seals attached. 302. Contract between John Grant of Fruchy and James Thorntoun, parson of Cromdaill, whereby the latter agrees, for reasons given, to set to the former the teindsheaves, fruits, and emoluments of his parsonage and kirks of Advey and Cromdale, with the glebe and kirkland thereof, in the diocese of Moray, for nineteen years, as soon as the said John could obtain the consent of the Ordinary and Chapter thereto, and engages to give a letter of lease thereon, to be afterwards sealed and subscribed by the Ordinary and Chapter, for payment of forty merks yearly, to be made in the town of Edinburgh at the feast of "Bartilmes" [St. Bartholomew's day, 24th August], " the stallaris fee, procurage sinodall, denis visitationis and vthiris charges aucht and wount," to be paid as formerly ; and meantime the said Mr. James has set to John Grant the said parsonage, teindsheaves, etc., for the space of three years, and so running on from three years to three years, till the nineteen years be com plete, or at least for the said Mr. James' lifetime, for the yearly payment above specified : the said John Grant binding himself to pay to Mr. James and his successors, the yearly mailis, and relieve them of the charges above written ; and also to pay within the town of Edinburgh, the sum of four score merks Scots, viz. : 40 merks at Martinmas next to come, and 40 at Whitsunday following ; together with a good young horse. The contract to be acted in the official's books of Lothian, and both parties admonished to observe the same. Providing this lease be noways prejudicial to one previously made by the said Mr. James to John Grant of Ballindalloch, the "ische" of which shall be at " Bartilmes" [24th August] 1557. Signed, "Johne Grant of Fruquhye." "Ita est Ja. Thorntoun, teste manu propria." Dated at Edinburgh, 4th October 1555; and parties were at the same date admonished to observe it. 380 ABSTRACT OF GRANT [1555- 303. Letter of Lease by Mr. John Thorntoun, younger, parson of Advey and Crowmdaill, with consent of Mr. James Thorntoun, his brother, parson of Ancraim, and Patrick, Bishop of Moray and Chapter thereof, whereby he sets, and to maill lets to John Grant of Fruquhy, his heirs and assignees, the said parsonage of Advey and Crowm daill, with the fruits, teinds and emoluments, glebes and kirklands thereof, with their pertinents, in the sheriffdoms of Moray and Inverness, for nineteen years following Beltane next, called the Invention of the Cross, entry to the rights and duties of the kirk of Crowmdaill to be at that date ; but to that of Advey not to be till the issue of John the Grant of Ballendalloch's three years' tack, which would be at Beltane in the year of God 1557, and thence to endure till the end of the nineteen years. Paying therefor yearly to the granter and his successors on entry to the whole taxes and kirks the sum of forty merks Scots, in the town of Edinburgh, at the feast of St. Bartholomew, with eight merks for the " stallaris " fees, with procurations used and wont. The lease contains clause of warrandice, and is subscribed by the granter and his brother James, and sealed with the granter's seal, the seal of the Bishop, the common seal of the Chapter, and his brother's seal, at Edinburgh, 30th November 1555, before these witnesses, William Ogiluy of Allaneboy, David Symmer, burgess of Edinburgh. Subscribed thus : " Ita est Joannes Thornton, iunior, qui manu sua subscripsit." " Ita est Ja. Thornton, teste manu ppria." Only two seals remain, those apparently of the granter and his brother. 304. Contract of Marriage entered into between John Grant of Fruquhye for himself, and in name of his daughter, Elspet Grant, on the one part, and William Fraser, Tutor of Lovett, on the other part, whereby the said William Fraser agrees to solemnize and complete the band of matrimony with the said Elspet Grant duly " as effeirs" between the date and Whitsunday next ; before which solemnisation he binds himself to infeft the said Elspet in his lands of Strowemoir and Cullegrane, in the sheriffdom of Inverness, in liferent, to be held in blenchfarme of Lord Lovett ; and if the said WilHam obtain from Dame Jonet Ros, his mother, the goodwill of any sums of money, or apprisings, or decreets that she has against Lord Lovett, or any others, whereby the said William might obtain or conquest any lands, he binds himself to infeft the said Elspet in the said lands in liferent within 40 days after obtaining the said lands and being seized therein : If after marriage the said William move any cause of divorce against the said Elspet, either of affinity or consanguinity, whereby he may repudiate her, " or giff it sail happin in tymes to cum the facioun of mareage now presentlie vsit in this realme to be thocht null and of nayne awaill in respect of the facioun and vse of the aid ceremonies of mareage vsit in aid tymes, without the said William of new solemnizat the said mareage with 1560.] CHARTERS NOT PRINTED. 381 the said Elspett on the aid maner," in that case he binds himself, if he move any cause of divorce requiring a dispensation, or if the new form of marriage make any derogation to the matrimony, to bring home a dispensation or dispensations on his own expenses, and, if need be, to solemnize the marriage after the old manner, or else pay to her and her father the sum of twelve hundred merks usual money of Scotland within half a year after repudiation or deferring to observe the premises ; he also obliges him and his heirs to infeft the said Elspet in any other lands he might acquire within 40 days after he should be possessed thereof. For which causes the said John Grant obliges himself and his heirs to pay to the said William Fraser, his heirs and assignees, the sum of 600 merks Scots, 300 merks within half a year after Elspet Grant was infeft in the lands of Strowemoir and Cullegrane, and the rest within a year after marriage ; which sum is to be laid out on land for the use of the said William and Elspet and the heirs of their bodies, and the said Elspet to be infeft therein. Both parties bind themselves to observe the contract under a penalty of 1200 merks; and agree that the contract is to be registered in the Consistory Books of Moray, they to be admonished to keep the same under the pains of cursing. Dated at Balwanye, 19th January 1560. Witnesses, John Earl of Athole, Kennocht McKennye of Bra ell, John Roye Grant of Carron, Mr. Donald Fresar, Archdean of Ross. Signed, " Johne Grant of Fruquhye." " Wm Frasr off Strwy." The parties were the same day admonished to observe the contract, under the pain of the greater excommunication, as certified by John Gibsone, notary and scribe of the Consistorial Court of Moray. 305. Extract Contract of Marriage made between John Grant of Freuchy for himself, and in name and behalf of Elizabeth Grant, his daughter, on the one part, and WilHam Leslie of Balquhen for himself, and in name and behalf of John Leslie, his son and apparent heir, on the other part, whereby the said John Leslie agrees to marry the said Isobel Grant, and solemnize the marriage in face of holy kirk, " be the words of the present time," between the date hereof and the feast of Fastren's Even [Shrove Tuesday] next to come ; and the said WilHam Leslie agrees to infeft, by charter and precept of sasine, the said John Leslie and Isobel Grant, his future spouse, in conjunct- fee and liferent, and the heirs-male of their bodies, whom faUing, the heirs-male whatsoever, in the lands of Kirkhill, Ericsfeild, Seggydene, Tailzeauche, Blairdynnie, and Auchtlyne, in the regality of Garioche and sheriffdom of Aberdeen, to be held of the said WilHam, his heirs and successors, for such yearly mailis, ferms, etc., as the said William presently pays to the Queen, William Bishop of Aberdeen, and John Abbot of Lindores, his superiors ; and further, he agrees, whenever required by the said John Grant of Freuchy, to resign the lands in the superior's hands for 382 ABSTRACT OF GRANT [1564- infeftment in favour of the said John Leslie and Isobel Grant, to be held immediately of the superiors ; and warrants the said lands to be of the yearly value of eight score merks Scots and seven chalders victual : For which causes the said John Grant of Freuchie shall refund, content, and pay to the said John Leslie, William Leslie, his heirs, executors, and assignees, the sum of 3000 merks Scots all together on one day between the date hereof and the Invention of the Cross, called Beltane, in the year 1565. The contract is appointed to be registered in the Books of Council, or in the Commissary Books of Aberdeen and Elgin ; the infeftments above specified are to be raised upon the said John Grant's expenses and labours ; and in case the said William Leslie resign the foresaid lands to be held of the immediate superiors thereof, in that case the infeftments given upon the said lands by him, held of himself, to be rendered and put in his own hands at the said resignation making. The contract is dated at Ballachastell, 15th February 1564, and is registered in the Books of Council, 4th May 1565. 306. Extract Registered Letter of Obligation by George Earl of Huntly, Lord Gordoun and Badzenoch, etc., Chancellor of Scotland, and Mr. George Gordoun of Baldornie, and Mr. John Gordoun his son, for their interest, narrating that forasmuch as the said George Earl of Huntly, having the lands of Rothemurchus, with the lochs, fortalice, manor place, fishing on the water of Spey, etc., in the regality of Spynie and sheriffdom of Inverness, pertaining to him in feu-farm and heritage, held by him of the bishopric of Moray, had alienated the same lands of Rothemurchus to Mr. George Gordoun in liferent, and Alexander Gordoun, his eldest son, heritably, to be held of the Bishop of Moray and his successors ; and that under reversion made by the said Mr. George and Alexander his son, to the said George Earl of Huntly, for redemption and outquitting of the said lands, containing the sum of sixteen hundred pounds Scots : Also that through forfeiture led against the said Mr. George and Alexander his son, their right and property of the said lands and others abovewritten, so far as was wadset to them, fell into the Queen's hands, and the same were disponed by her Majesty to John Wischart of Pettaro, knight, comptroller for the time, who upon her Highness' presentation obtained the Bishop of Moray's infeftment in the lands, in place of the said Mr. George and Alexander his son ; and that the Laird of Pettarro had thereafter alienated and disponed the said lands to Mr. John Gordoun, second son to the said Mr. George, holding the same of the Laird of Pettarro ; yet, that notwith standing all the premises, by virtue of the letters of reversion made by the said Mr. George and Alexander his eldest son, to the said Earl of Huntly, at the time of the alienation made by him to them of the said lands long before the said forfeiture, the heritable title and right of redemption of the said lands of Rothemurchus and others 1566.] CHARTERS NOT PRINTED. 383 foresaid had remained with the said Earl, as being undisponed by the Queen to any other person ; and in respect that the Earl was restored and reponed in integrum by her Majesty to all his lands, heritage, right and reversions which the late George Earl of Huntly or himself had at the time of the forfeiture, and so having undoubted right to the redemption and outquitting of the said lands of Rothemurchus and others foresaid, by virtue of the reversion made to him thereupon, therefore the said George Earl of Huntly, for certain great sums of money paid to him by John Grant of Freuchy, binds and obliges himself, his heirs and successors, to the said John Grant of Freuchquhy and his heirs, to make lawful warning to the said John Wyschart of Pettarro, knight, to the said Mr. George Gordoun, Alexander Gordoun his son, and Mr. John Gordoun, his second son, to the said Mr. George, pretended heritable possessor of the said lands, and others having interest, for redemption and outquitting of the same from them, and to redeem the same lands lawfully at their hands, betwixt the date and Whitsunday next to come, and make them free of all alienation or wadset; and having done so, to obtain with all diligence heritable infeftment of the same lands to him, his heirs and assignees, to be held of the Bishop of Murray and his successors as before ; and incontinent thereafter, between that and the feast of Whitsunday next to come after the date hereof, he shall infeft the said John Grant, his heirs and assignees, in the said lands of Rothemurchus, by alienation, with confirmation following thereupon, or by resignation of the same in the Bishop's hands, as superior thereof, to be held of the Bishop and his suc cessors ; and at the time of making the said infeftment, shall deliver to the said John Grant all charters, infeftments, and evidents which he had or might obtain and get thereof, and specially, the evidents which Allane Keir or his predecessors had of the same, and make the said lands be enjoyed by the said Laird, his heirs and assignees, in feu-farm and heritage, as freely as ever the Earl possessed the same. And the said Mr. George Gordoun, and Mr. John Gordoun his son, consent that the said John Grant enter to the said lands of Rothemurchus, and occupy and use the same at his pleasure in the meantime, until he be infeft heritably in the same, and this without any wrong or violence to be done by him therethrough, and renounce all action against him for the same ; and appoint him their assignee to the mailes, fermes, cains, customs and duties thereof during the said space ; and the Earl binds himself to obtain the Queen's infeftment and charter of confirmation under the great seal, confirm ing his infeftment thereof. Dated at Edinburgh, 1 8th February 15 66. Witnesses, John Earl of Sutherland, Alexander Bishop of Galloway, John Bishop of Ross, Patrick Grant of Ballindalloch, Patrick Grant of Dalvey, John Gordoun of Buke, and Master Archibald and Master George ; subscribed by George Earl of Huntly, Master George Gordoun, and Master John Gordoun; and registered in the Books of Council, 21st February 1566. 384 ABSTRACT OF GRANT [156 7, 307. Charter by George Earl of Huntly, Lord Gordoun and Badzenach, Chancellor of Scotland, feu-farmer of the lands underwritten, whereby in fulfilment of a letter of obligation made to John Grant of Fruchquhy and his heirs, registered in the Books of Council of date, at Edinburgh, 15th February 1566 [No. 306], the Earl gives, grants, sells, alienates, and confirms to the said John Grant of Fruchquhy, all and sundry his lands called the Kirklands of Rothemurchus, with loch, manor place, or fortalice, mills and salmon fishings thereof, in the regality of Spynie and sheriffdom of Inver ness, for a certain sum of money paid by the said John Grant : To be held by him, his heirs and assignees, from the granter, his heirs and assignees, of Patrick Bishop of Moray and his successors, in feu-farm and heritage for ever, for payment to the Bishop and his successors of 24 merks Scots yearly, 12 merks at Whitsunday next following, and 1 2 at Martinmas, or at least at the feast of the Assumption of the Virgin Mary [15th August], or within eight days next and immediately following, and the feast of the Nativity next and immediately following the said feast of Martinmas in winter, without further delay, fraud or guile. Contains a clause of warrandice in the usual form, and engaging to keep the said John Grant harmless of all wards, reliefs, nonentries, ladies' terces, conjunct-fees, assedations, etc., and a precept of sasine directed to James Innes of Drany, and Robert Innes his son and apparent heir, to give infeftment in the said lands. The charter is subscribed and sealed by the Earl at Huntlye, 14th July 1567, before John Bishop of Ross, Alexander Bishop of Galloway, Mr. Alexander Gordon, Mr. Alexander Leslie, Mr. George Leslie, and Patrick Grant of Dalwey, Mr. George Gordon of Baldornye, Mr. William Grant, and Duncan Grant in Garthene. Signed, " George Erll off Hwntlye." Seal attached. 308. Charter by Patrick Bishop of Moray, and perpetual commendator of the monastery of Scone, and lord superior of the lands underwritten, whereby, with consent of his Chapter of the Cathedral Church of Moray, he confirms the immediately preceding charter of alienation by George Earl of Huntly to John Grant of Freuchie, of the kirklands of Rothemurchus, which charter is ingrossed, and which the Bishop approves and ratifies, and gives and grants the said lands to the said John Grant, so far as they might pertain to him by reason of nonentry, recognition, forfeiture, or otherwise. Provided, nevertheless, that if the said John Grant of Fruychquhy, his heirs or assignees, shall infeft or seize the Bishop or his successors, bishops of Moray, in a ten pounds worth of sufficient land held in chief of the Queen, or her successors, Kings of Scotland, in a competent place, between the waters of Spey and Ness, between the glen of Rothes and Mar, or barony of Lathen and Mar, or at least lying in the said barony and not higher, the Bishop wills and grants that the said John, his heirs and assignees, shall 1567.] CHARTERS NOT PRINTED. 385 peacefully enjoy and possess the foresaid lands of Rothemurcus, with loch, manor- place, etc., in true excambion for the foresaid ten pound land, according to the form and tenor of the ancient charter of infeftment made to the said Alan Keir, his heirs and assignees, of the said lands, with their pertinents, by the deceased David Bishop of Moray, his predecessor, and his chapter, under their seal and subscriptions manual, freely and without any annual rent further to be demanded therefor, holding them always in chief, reserving and performing to the Crown the services due and wont, and rendering to the Bishop and his successors, bishops of Moray, a fir cone, at the manor house of Rothemurcus, if asked ; and if the said John Grant, his heirs or assignees, at any time should happen to fail in payment of the said annual rent, in whole or in part, at the terms above written, or the last of them at least, the Bishop wills that the said lands should return to him and his successors, bishops of Moray, without opposition, and that the said John, his heirs and assignees, should thereafter neither pretend nor challenge any right, nor claim of right thereto, to which the said John obliged him for himself, his heirs and assignees: To which charter of confirmation and gift de novo, subscribed by the Bishop, his round seal is appended, together with the common seal of the chapter, and subscrip tions manual of the canons representing the chapter for the time, at Elgin, the 1 7th July 1567, before these witnesses, Mr. James Strathawchin, rector of Balhelwy, Mr. John Dowglas, vicar of Galstoun, James Innes of Drany, Patrick Grant of Dalwey, Duncan Grant in Garthin, and others. Signed " Pa. Morauien. Epua de Scona comedatarius," and by the canons. Ja. Thornton, precentor Morauien. Georgius Hepburne, thesaurarius. M. W. Gordone a Pettin, etc. Adam' Hepburne, rector de Dupill. Johannes Gibsone, pbe? de Mr Vittmus Strathauchin de Botarye. Vnthank. Archibaldus Lyndesay a Kingusye. Patricius Hepburne, rector de Kynoir. Hugo Cregye de Inuerkey*ny, pbefi, etc. Magis? Vilhelm9 Pa&on, sub-decan? Morauien. 309. Submission entered into between Duncan Grant of Ester EUoquhy, on the one part, and James Grant of Wester EUoquhy, on the other part, narrating that the said Duncan and James had severally raised and impetrated the Sovereign's letters of cognition directed to the bailies of the regality of the bishopric of Murray and their deputes, to take cognition upon the alleged molestation and troubling of either of them in the possession of the said lands of Ester and Wester Elloquhies, within the bounds and marches contained in either of their cognitions, and had 3 C 386 ABSTRACT OF GRANT [1568. intimated the same to the bailies of the regality, who had ordained precepts to be directed at either of their instances according to the tenor of the letters of cognition; nevertheless, having consideration of the proximity of blood, and that spending of their goods and gear in the law could not be profitable to them, and willing to maintain love and friendship, the said Duncan and James Grant submit and compromit them selves and the decision of either of their claims, according to the tenor of the letters of cognition raised and purchased by either of them against the other to the following per sons, viz., William Leslie of Agynwaye, Mr. Alexander Douglas, commissary of Elgin, Mr. Alexander Leslie of Edinvillie, and Duncan Grant in Gartinbeig, or any three or two of them for the part of the said Duncan, and Huchone Ros of Kilraok, Walter Bard of Ordinhwiffis, John Grant of Carrone, and Sir John Gibsone, parson of Vnthank, or any three or two of them, for the part of the said James, as judges-arbitrators and amicable compositors chosen between them in common; and the parties bind them selves to cause the said judges, or any three or two of them, to meet upon the ground of the debateable lands claimed by either of them within the bounds of the lands of Ester and Wester EUoquhy, on the 10th June next, at 10 hours before noon, there to take on them the knowledge and cognition of their debates according to the tenor of the letters of cognition : which parties appearing and accepting, the said Duncan and James bind themselves to abide and underlie their decreet and deliver ance, and hereby agree and are sworn by their great oaths to observe the same in all time coming, under the pain of perjury and infamy, without reclamation or appellation to any judge ; and they assign to the arbiters to receive probation between the date of their acceptance and the feast of Lammas next to come ; with power to either party, if he could not bring his arbiters at the date appointed, to bring such other persons as he should think fit to be judges on the said 10th day of June, etc. They also choose William Leslye of Balquhane and Alexander Suderland of Duffus, or either of them, to be oddmen and oversmen to give their decreet in the premises within 15 days next after the pronunciation of the decreet of the judges-arbitrators, in case they could not agree together, etc. Dated and signed at Elgin, 6th April 1568. 310. Decreet-Arbitral given by William Leslie of Akinway and Duncan Makcondachchie in Garthinbeige, judges-arbitrators on the part of John Grant of Fruychquhie, heritable possessor of the whole towns and lands and lordship of Glencharnye, in the sheriffdom of Inverness, on the one part, in company with John Grant of Carroun, John Name of Cromdell, John Grant of Tullochchorme, and Walter Bard of Ordynhuiffis, or any two of them, as judges-arbitrators on the part of James Grant, heritable possessor of the town and lands of Kinkirdie, in the barony of Strathspey, regality of Spyne, and sheriffdom foresaid, chosen to cognosce, decide, 1568.] CHARTERS NOT PRINTED. 387 meith and march anent either of the said parties' claims to debateable lands claimed by the said John Grant to pertain to his lands of Glencharnye next adjacent to the lands of Kinkirdie, according to a petition produced to the judges by the said John Grant, proporting that the said John Grant of Fruychquhie, by himself and his predecessors, heritable possessors of the lands of Glencharnie, and his and their tenants, were in peaceable possession, as the said John Grant was now, past memory of man, or as far as man can reduce to memory, " Be est, northt est, northe, northerlie, northewest, respective, vnto the grett gray stayne callit Clauchanecreyth at the west, or thairbye, discendand thairfray to the sowthe-est to the Watter of Spey be the meithis and merchis wnderwrittin seueralie fra the landis of Kinkirdie pertening to the said James Grant as said is, as propirtie, to the saidis landis of Glencharnye ; that is to saye, Begynnand at the est part of the saidis landis of Kinkirdie, at the hewin off Dowaye, as the spring watter cumis, discendis, and enteris in the watter of Spey, quhilk spring is naymit and callit Foremownymoire, and fray the said spring Hnially west, or thairby, to ane karne callit Karne Neyinvrthie, and fra the said karne sowthe west, or thairby, to ane know at the est and northe respective partis of Lochchane Gewis, and fray thatt sowththerlie to the sowthe end of the said locht, and fray the sowthe end of the said lochez sowththerlie, or thairby, to ane grett craig stayne callit Clauchanecreythe, and fray that sowththerlie, or thairby, to ane vther merche stayne, sua haldin and reputte ane merche stane lytlie different fray the forsaid vther merche stayne quhilkis seperattis and dewyidis the landis of Glen charnye perteining to the said Johnne Grant of Fruychquhie, at the west part of the saidis landis of Kinkirdie pertening to the said James, fra the landis of Glencharnye perteyning to the forsaid Johnne Grant of Fruychquhie, and fray the said last stayne liniallie sowthe est to the watter of Spey." Both the said parties bound them selves to abide and fulfil the decreet of the arbiters thereanent; and whatever marches the said umpires, or two of them for each party, "pottis, meithis, and merchis," were to be held as the right marches of the lands in all time coming ; with this provision and paction, that if any of the said parties absented themselves or their judges, or any two of them chosen by either party, with such probation as they would use, each one for their own part, at Glencharnye, the 3d day of May instant 1568, it should be lawful to the party convening to proceed and receive witnesses to the number of twelve persons, and their probation, and decern, and " pott, meithe, and merch," and both parties obliged themselves to underlie and fulfil such decision, as was contained at more length in a compromit made and subscribed by the parties at Mvlbyne, 23d April 1568. In terms of which compromit the said William Leslie and Duncan Makcondachchie Grant, judges-arbitrators for the part of John Grant of Fruychquhye, convened at Glencharnye the 3d of May foresaid with the said 388 ABSTRACT OF GRANT [1568- John Grant of Fruychquhye on the one part, in presence of the said James Grant, heritable possessor of the lands of Kinkirdie, he being required by the said John Grant and his two judges to cause the judges-arbitrators, or any two of them chosen for the part of the said James, to concur with the two judges in cognoscing and deciding in the action and claim above rehearsed, and in the said James's claim between his lands of Kinkirdie and the lands of Glencharnye : After divers requisi tions by the two judges and the said John Grant, the said James answered " he of nay wayis culd conveyne ane of the personis naymit in the said compromit chosin be him," and he therefore refused to produce before the judges accepting for the part of the said John Grant, any claim at that present time. Whereupon the said two judges, at the instance of the said John Grant, who desired process conform to his claim, and his witnesses and probation to be received for verifying the said claim and marches, received witnesses to the number of twelve, together with the said John Grant of Fruychquhy's instrument of sasine upon the whole land of Glencharnye ; the depositions of witnesses and reading of the sasine being done in the presence of the said James Grant, without any opposition to the witnesses or lawful exception to the sasine being taken by him, the said judges, after mature consideration, and having God and a good conscience before their eyes, pronounced and decerned that the foresaid claim of John Grant of Fruychquhye is of truth and verity, and to stand in all time coming ; and immediately after the pronouncing of the decreet, " pottit, meithit, and merchit the samin," the lands lying within the same to the water of Spey belonging to the lands of Kinkirdie, and ordain both the said parties to put stones in their " potting, meithing, and merching," which should be held as march stones ; and put silence on either party to move any question or debate against their decreet. Subscribed and sealed at Glencharnye, 3d May 1568, before Patrick Grant of Daluey, John Grant in Kinbaictht, John Hay in Allanboye, Mr. Archibald Makgregor, and Mr. Alexander Douglas, notaries public, who also certify the truth of the premises in a docquet. Signed, "Vm Leslie of Akyvay, v* my hand." "Dunca Grant in Gartin, w* my hand." One seal (William Leslie's) remaining. 311. Contract between John Grant of Fruquhy, in name and on behalf of Barbara Grant, his daughter, and Colin Makenze, son and apparent heir of Kennocht Makenze of Kintaill, with consent of Walter Vrquhart, Sheriff of Cromartye, and Mordo Makenze of Fairburn, his curators chosen by him ad lites et negotia, for the marriage of Colin Makenze with Barbara Grant : whereby Colin binds himself to obtain a sufficient infeftment vesting and seasing him in all and whole the lands wherein John Mackenze of Kintaill, his grandfather, and Kennocht Makenze, his father, 1570.] CHARTERS NOT PRINTED. 389 had died vested and seased, and that betwixt the date of the contract and the feast of Michaelmas following, or sooner if possible, and within eight days of receiving such infeftment, to vest and sease Barbara Grant, by charter and precept of sasine under his seal and sign manual, or by resignation in the superior's hands for her liferent in the same, in all and whole the lands of Achazewran, Athanagart, Torlon- sicht, Wester Rathagan, Athazarskalan, Eister Rathagan, Killechynlierin, Coralege, Leechaan, Athanaleand, Ardintowlim in Queassak, the penny land of Dienamuk, Driddack, Tolle in Queassak, Menze in Strathonnan, Wester Eskydill and Ester Eskydill, all lying within the sheriffdom of Inverness, for payment of such yearly duties as are contained in the old infeftments of Colin's predecessors : and also that he shall obtain the same infeftment by resignation in the superior's hands or by confirmation upon his charter and precept of alienation, whichever of them shall best please John Grant, at his own expense and at the time before stated ; the lands specified to be of the yearly value and payment of two hundred merks to Barbara during her time. And if the lands referred to do not extend to the yearly value just stated, in that case Walter Vrquhart, Mordocht McKenze, Alexander Bane, and Master Alexander McKenze, cautioners and sureties, shall augment the said lands with other lands, until the yearly value aforesaid is reached, and Barbara sufficiently vested and seased in the same. Colin Makenze further engages that within eight days after such infeftment is made, he shall solemnise and complete the bands of matrimony in face of holy kirk with the said Barbara. For the doing and fulfilling of which things, John Grant of Fruquhy obliges himself, his heirs, executors, and assignees, to pay to Colin, his heirs, executors, and assignees, in name of tocher, the sum of two thousand merks, between the date of the contract and the feast of Alhallowmes next ; and for security thereof, Patrick Graunt of Dalvey, and Duncan McKondachie Graunt in Gartinbeig, shall be cautioners and sureties, conjunctly and severally, for payment of the same at the date specified : Providing that if it shall happen that Barbara depart this life within a year and day after the comple tion of her marriage, that Colin, his heirs, executors, or assignees, shall restore and pay to John Graunt of Fruquhy, his heirs, executors, or assignees, the sum of two thousand merks aforesaid, within the space of six months after her decease, or at least so much as he shall happen to have received of the same. John Grant further obliges himself, his heirs, executors, and assignees, duly to infeft, by charter and precept of sasine under his subscription and seal, Colin, his heirs or assignees, in all and whole his half lands of Lochtbroyne, with the pendicles and pertinents thereof, in the sheriffdom of Inverness, to be holden of John and his heirs whatsoever for payment of one penny in name of blench farm at the feast of Whitsunday, if the same shall be registered within twenty-four hours after 390 ABSTRACT OF GRANT [1570- the celebration of the marriage. For this infeftment Colin and his curators, and Alexander Bane of Tullycht and Master Alexander McKenze, as cautioners for him, bind themselves, conjunctly and severally, submitting to the jurisdiction of the Commissaries of Murray, and renouncing their own jurisdiction and all other privileges, to pay to John Grant the sum of three thousand four hundred merks at the feast of Alhallowmes next ; and Colin engages to relieve and keep skaithless his curators and cautioners before named of the said sum at the hands of John Grant at the terms stated, and John Grant also engages to relieve and keep skaithless his cautioners at the hands of Colin of the sum of tocher promised by him at the term above named. It is also contracted that if the foresaid provisions are found not sufficient, both parties are bound one to the other to renew and reform the same in all points as often as shall be required by the one of the other, until it is made sufficient, the substance of the premisses being observed and kept ; and for observing the same, both parties and their cautioners consent that these presents be insert and registered in the Books of Council and in the Books of the Commissary of Elgin, and there to have the strength of a decree of the said Lords and of an act and decree of the said Commissary. In witness whereof, the contract is subscribed at Elgin, 26th July 1570, by the principal parties, their curators and cautioners, before these witnesses, Arthur Vrquhart of Balleblaer, brother to Walter Vrquhard of Cromartie ; Alexander Ros, apparent of Litill Tarrell ; Rore Allanson in Culbokie ; Alexander McKenze, apparent of Fairbume ; John Grant Roy in Vrquhart, Thomas McKenze in Fayrknok, Ronald Bane, burges of Dingwell ; Master William Fercharson, servitor to John Grant of Fruquhye ; Alexander Wynchester, minister in Elgin ; and Schir Johne Gibsone, parson of Vnthank, notary public, etc. There is a note on the back of the contract, dated 27th July 1570, in which the cautioners and curators consent to the registration of the contract. 312. Letters of Suspension under the Signet of King James the Sixth, made at the instance of John Grant of Fruquhy, Patrick Grant of Balnedallocht, Patrick Grant of Dalvay, Duncan Grant of Cloischear, and Patrick Grant of Ratymurcus, against George Bishop of Murray and Lauchlane Makintocht, complainers, who plead that the feu-maills of their lands are alleged by the Bishop to be a part of the patrimony pertaining to the bishopric of Murray, and that he, having purchased letters of the King authorising him to uplift the fruits of his bishopric, has charged them to make payment of the feu-maills of the crap and year 1573 last past and so in time coming ; and that, for alleged non-payment of the same, he intends wrongously to put them to the horn. They also show that Lauchlane Makintocht alleges that he has in life-pension one thousand merks, to be uplifted 1574.] CHARTERS NOT PRINTED. 391 yearly in equal portions at Whitsunday and Martinmas, from the readiest feu-maills, etc., pertaining to the said bishopric, and that the feu-maills referred to being resigned to him in part payment thereof, he has also purchased letters of the King, and caused charge the complainers to make payment to him of the same for several years and terms past as well as in time coming, during his lifetime, within ten days after the charge, under the pain of rebellion and putting them to the horn, and for alleged non-payment thereof intends to put them to the same. The complainers wiU thus be doubly charged and put to the horn for the feu-maills of their lands, although they are content to pay these to any one of the parties having most right thereto. For these causes, the letters summon George Bishop of Murray and Lauchlane Makintocht to compear before the Privy Council, at Edinburgh, on 20th June instant, and bring with them evidence of their rights to the feu-maills referred to, as well as all letters purchased by either of them thereupon, that it may be decerned that the complainers make payment of their mailis to the rightful owner of them, all letters and processes of horning to be for the time suspended. The suspension is dated at Edinburgh, 8th June, and of the King's reign the seventh year [1574]. 313. Extract Decreet by the Lords of Council anent a supplication given in to them by John Grant of Frewchquhy and Isbell Grant, his daughter, against John Leslie of Balquhane, narrating that a contract was made between the said John Leslie on the one part, and John Grant and his said daughter on the other part, whereby the said John Leslie bound himself and his heirs and assignees to maintain and suffer the said Isbell to bruik and occupy the lands of Kirkhill, Mostoun, Calleauch, Blarendynie, Ochlyne, with the mill of Ochinnallene, in the barony of Balquhane and shire of Aberdeen, according to her title of conjunct feftment thereof, with various other points contained in the contract, which bore an express consent of both parties that it was to be acted and registered in the Books of Council, as the said contract, dated 21st January 1575, bears; which contract the said John Leslie of Balquhane would neither fulfil nor compear before the said Lords and consent to the registering thereof, that execution might follow thereon : Also anent a warning given to him on a certain day bypast, to have compeared before them to have heard and seen the same registered, and the Lords' authority interponed thereto, etc., as contained in the supplication, the said John Grant of Frewchquhy and his said daughter compearing by their procurator, Mr. Thomas Harwie, and the said John Leslie of Balquhane being warned, and oft times called and not com pearing, the Lords of Council ordain the said contract to be inserted and registered in the said books of Council, to have the strength of a decreet, and letters and 392 ABSTRACT OF GRANT [1575- executorials to follow thereupon. The contract is engrossed, and is in substance as follows : — At Elgin, 21st January 1575, it is agreed between John Grant of Fruquhy for himself, and taking burden upon him for Isbell Grant, his daughter, and the said Isbell for her own ends, on the one part, and John Leslie of Balquhain on the other part, that the said John and Isbell Grant shall oblige themselves to " set forther- ward" the cause of divorce else moved and intented by the said Isbell against the said John Leslie of Balquhane, before the commissaries of Edinburgh, as yet undecided, and shall do their exact diligence to obtain sentence of divorce, between the date hereof and the 15th day of April next to come, so that the said Isbell and John Leslie might be simpliciter separated and divorced, so that either might marry again ; and the sentence of divorce being so obtained by the said Isbell against the said John Leslie of Balquhane, the said John Grant of Fruquhy for himself, and taking burden upon him for his daughter, and the said Isbell for her own interest, bind and oblige themselves that she shall come in judgment before a spuitual or temporal judge, having sufficient power to the effect after specified, within fifteen days after the pronunciation of the sentence of divorce, and renounce and overgive that part of her conjunct-feftment of the lands of Erlisfeild and Seggiedene, lying in the barony of Balquhane and sheriffdom of Aberdeen, in favour of the said John Leslie of Balquhane, his heirs, assignees, tenants and sub-tenants, and cottars, to be used by them at their pleasure : In return for which premises the said John Leslie binds and obliges himself, his heirs and assignees, to maintain and permit the said Isbell to enjoy, occupy, and labour the lands of Kirkhill, Mostoun, Calleacht, Blairindynie, Auchlyne, with the mill of Auchincelleane, in the barony of Balquhane and sheriffdom of Aberdeen, according to her title and conjunct- feftment thereof, during her lifetime, without molestation by the said John Leslie, and to enter her thereto peaceably within ten days after the pronouncing of the sentence of divorce ; and to make free the half town of the lands of Auchlyne and mill of Auchtanelleane, presently wadset by the said John forth of the hands of John Leslie of the Law and Bessie Forbes his spouse, and Patrick Innes of New- bigging and Leitht his spouse, to warn them for redemption thereof against the feast of Whitsunday next to come, and do his diligence to obtain decreet of redemption against them between Whitsunday foresaid and the feast of Candlemas 1576, etc., so that the said Isbell may peaceably enter to the said lands, and failing thereof, to pay to her 1000 merks Scots within forty days after the said feast of Candlemas ; and to content and pay to her yearly the mailis, fermes, profits, customs, and duties of the same till they were made free to her : Of all which lands of Kirkhill the said John Leslie is content that the said Isbell enjoy the teind sheaves, and obtain assedation thereof from the Abbot of Lindores and parson of 1580.] CHARTERS NOT PRINTED. 393 Clett, or any other having right thereto, etc. The said John Leslie also binds himself not to molest the said Isbell in her possession of the lands, nor receive any of her tenants, in case they should seek to remove and leave her lands waste, etc. ; he also binds himself to infeft, by charter and sasine, John Leslie, his and the said Isbell's son, and the heirs-male of his body, in the lands of the Mains of Balquhane, which, failing heirs-male of his son's body, are to return to the said John Leslie of Balquhane, and his heirs-male, to be held of the King and his successors, Kings or Queens of Scotland, reserving the frank-tenement to the said John Leslie now of Balquhane, between the date hereof and Whitsunday 1577, and the said John Grant and Isbell bind themselves to relieve the said John Leslie and his heirs of the few-maills of the foresaid lands, and to obtain acquittances for the same and deliver authentic copies thereof to the said John Leslie. Both parties agree that this contract be registered in the Books of Council, and appoint procurators to that effect, " haldand thir presentis als sufficient to thair procuratouris for registering of the same as gif thay and ilk ane of thame had send thair speciali missives to that effect to thair saidis procuratouris." Witnesses, Patrick Grant of Dalwey, Mr. William Grant his brother, Alexander Gordoun of Baldorny, Mr. Alexander Leslie, parson of Kincardin-in-Ross, and Sir Johne Gibsone, notary public. And because the said John Leslie of Balquhane had been lawfully summoned on a certain day bypast to have heard and seen the said contract registered, or else to have shown a reasonable cause why the same should not be done, with certification that if he failed to compear before them, the Lords would decern in manner foresaid, and as he failed to compear, therefore this decreet for registration is granted. Dated at Edin burgh, 5th Marcii 1576. *&"> 314. Notarial Transumpt of aProtocol, dated at Fruquhy, 20th May 1580, bearing that on that day John Grant of Corromony granted and consented that the co-notaries should make a procuratory for resignation of the lands underwritten in the King's hands, in favour of Duncan Grant, apparent of Fruquhy, and his heirs-male, reserving the life rent of the same to himself, and John Grant of Fruquhy shall give to him the half of the town and lands of Clowne, for all the days of his life, in the lordship of Badzenoche and sheriffdom of Inverness ; whereon Duncan Grant asked instruments. Present, Patrick Grant of Glenmoristoun, William Hay, apparent of Mayne, John M° Allan, son of William Mc Allan in Achennarryr, Donald McConche Grant, servitor of Duncan Grant, William Gregor and William Cuming co-notaries public. Follows the tenor of the mandate and procuratory, directed to James the Sixth, King of Scotland, by his humble liege and servitor John Grant of Corromonye, whereby he appoints his procurators, to resign the four pound lands of Corromony, 3 D 394 ABSTRACT OF GRANT [1580- the four pound lands of Morull, the eight pound land of the four Mekliis, the forty shilling land of Deweache, and the half of the lands of Mekle Cloune, extending to a 20s. land, and the 40s. land of Pitcarrill Cray, extending in all to a 27 pound land, in the barony of Vrquhart and shire of Inverness, held of his Majesty immediately in chief, in the King's hands as lord superior thereof, and hereby resigns the same in favour of Duncan Grant, apparent of Fruquhy, and his heirs-male, reserving to him self the frank-tenement thereof. At Fruquhy, 20th May 1580. Witnesses as above. 315. Charter by John Grant of Fruquhye, whereby for certain sums of money paid to him by his well-beloved son, Patrick Grant of Rothemurcus, at the making of the charter, he sells and confirms to the said Patrick Grant of Rothemurcus, his son, and the heirs-male of his body, whom failing, his nearest heirs-male whatsoever bearing the arms and surname of Grant, his lands of Ouir Finlarg, alias Mukroch, with mill and miller's croft, croft of Fennachie, and west half of the lands of Achnahandat, in the barony of Strathspey, regality of Spynie, and shire of Elgin and Forres : To be held by him and the heirs above-written, of the granter and his heirs, in feu-farm and heritage for ever, with power to labour and till new cultivated parts, etc., for pay ment yearly to the granter and his heirs of the sum of six pounds Scots, as the ferme in use to be paid by the granter, also two bolls of oats eight shillings, and one mart twenty-four shillings Scots, extending in all to the sum of seven pounds and twelve shillings, at Whitsunday and Martinmas in winter, by equal portions in name of feu-farm : the said Patrick, his heirs aforesaid, and the inhabitants of the lands being bound to concur with the granter and his heirs in the king's service for defence of the realm, and also for defence of the granter's country, lands and goods, and his heirs and friends, against any invaders of them, when need shall be, and they are required thereto, with arms according to the custom of the country. Contains a clause of warrandice in the usual form, and also from all nonentries, ladies' terces, etc., and specially from all payment of feu-farm and action which might arise or be moved by the Bishop of Moray or his successors, the granter's lord superior of the said lands, against the said Patrick or his heirs, for not payment of the duty [canonem] yearly, due from the said lands, or for any other cause ; with a precept of sasine. Subscribed and sealed at Ballachastell, 26th December 1580. Witnesses, Patrick Grant of Glenmoreistoun, John Grant, brother-german of Patrick Grant of Balnadallach, and others. Signed, " Johne Grant of Fruquhye." 316. Charter of Apprising under the great seal of King James the Sixth, narrating letters of apprising directed to John Forsyth, Falkland pursuivant, sheriff in that part, and his colleagues, making mention, that at the term assigned by the Lords of 1585.] CHARTERS NOT PRINTED. 395 Council to Mr. Robert Creichtoun of Eliok, advocate, and James Grant in Auchirnak, donator, having a gift made by the King's late father and mother to him, his heirs and assignees, of the nonentry duties, ferms, and profits of the lands of the two Auchnareis, Downane, and Le Poirt, extending in whole to a fifteen merkland, in the shire of Inverness, which pertained to Patrick Reoch of Auchnarriis for all the years and terms bypast in which the said lands had been in the hands of the King's father and mother, or the King's predecessors, superiors of the same, by reason of ward and nonentry after the decease of the said late Patrick, or other last lawful possessors thereof, immediate tenants of the same to the King's said father and mother or his predecessors ; and in like manner for all years and terms to come, until the entry of the lawful heir thereto being of perfect age, as more fully contained in the letters of gift by the King's parents, under the privy seal, to the said James Grant, his heirs and assignees, dated at Edinburgh, 4th March 1565; — against Nicholas Cuming, grandson and heir, at least apparent heir, to the said deceased Patrick Reoch of Auchnarriis, Downane, and Le Poirt, pretended heritable possessor of the foresaid lands, and all others having or pretending interest to them, for probation of the annual profits and duties of the said lands, which were decerned to have been and to be in nonentry in the hands of the King's mother and his own, as superior, by reason of nonentry since the decease of the said Patrick Reoch, in the year 1513, to the date of the principal letters of summons, which is the 21st January 1580, being the space of sixty-seven years or thereby, as in the decree of non- entry, acts, letters, and whole process is more fully contained, the Lords of Council modified the annual duties and ferms of the said lands in nonentry from 1513 to 21st January 1580, extending yearly to the sum of £40 Scots, and decerned them to pertain to the Crown as superior, and to the said James Grant as donator ; also decerned that the readiest moveable goods and gear upon the foresaid lands should be poinded and apprised to the said donator ; and failing such goods, ordained the ground and property of the said lands to be poinded and apprised to the said James Grant, donator, and the said Nicholas Cuming to pay the said James Grant the sum of £20 Scots, for his expenses in prosecuting the action and obtaining the decreet of the Lords of Council, with 40s. paid to the collector of the Lords by the said James, as more fully contained in the decreet dated 27th January 1581 : which letters of apprising charged the Falkland pursuivant foresaid to arrest, poind, and distrain the moveable goods on the said lands, or failing of them, the ground and property of the lands to the donator foresaid, for payment of the duties, ferms, and profits of the years foresaid, according to the gift of nonentry and decreet foresaid, and for the £20 for expenses, with 40s. paid to the collector, according to the tenor of the decreet of the Lords of Council, as is more fully contained in the said letters, of date the 27th 396 ABSTRACT OF GRANT [1585. January 1581 ; at command of which the said Mr. John Forsyth, Falkland pursuivant, sheriff in that part, passed on the 13th July 1583 to the said lands, and having examined the distrainable goods thereon, he could find no moveable goods thereon sufficient to distrain for the said sums, and therefore instantly on the ground of the lands made proclamation that the property of the said lands would be apprised before him and his colleagues in a court to be fixed by them to that effect in the tolbooth of the burgh of Inverness, to be held on 9th October, warning the said Nicholas Cuming, as grandson and heir of the foresaid Patrick Reoch, to appear at such court; afterwards on the 14th July the pursuivant entered the dwelling-house of the said Nicolas in Preslaw, and warned him to compear before him and his colleagues the foresaid day and place, affixing a copy of the said letters and schedule, containing time and place, on the door of his said dwelling-house, after knocking nine times, and on the 15th July 1583, made proclamation at the market cross of the burgh of Inverness, that the said lands were to be apprised, and warned the said Nicolas to compear, etc., affixing an authentic copy of the letters on the market cross ; and on the same day in the tolbooth of the burgh of Inverness he held and fenced a court of apprising, and directed precept to summon an assize for the 9th day of October. The assizers were John Campbell of Calder. David Ros of Holme, John Stewart of Kincardin, Alexander Dollace of Buddoch, John Cuthbert of Auld Castel, William McAHan in Achenairne (Auchnarrow), Patrick Grant in Tulloch, John Grant in Kinbeathe, John Grant in Conneges, Archibald Grant in Balletoun, John Grant of Wester Ellochy, Duncan Grant of Reak, John Grant of Clune, Patrick Grant of Dalvay, and William Cuthbert, burgess of Inverness, and the said assize being held by the said Mr. John Forsyth, pursuivant, none appearing to object, the said lands were apprised at a fifteen merkland of old extent, paying yearly in ferms, etc., £53, 15s., the boU of victual being computed at 20s., for the sum of £2423, 15s. Scots, and £103, the herald's fee, amounting in all to the sum of £2543, 15s.; the said lands being held immediately of the King and his successors, for service of ward, relief, marriage, and nonentry; and after public proclamation, no buyers being found, the said lands were apprised to the said James Grant of Auchirnak, donator foresaid, for the said sum. The King therefore, in virtue of the before-mentioned proceedings, gives and grants the said lands of the two Achnarriis, Downan, and Lie Poirt to the said James Grant, to be held by him, his heirs and assignees, of the King and his successors, in fee and heritage, for rendering of ward, relief, marriage, nonentry, and other duties, if any were, rendered by the said Nicolas Cuming before the said apprising. Giving also to the said Nicolas Cuming, his heirs and assignees, a right of entry to the said lands when he or they should pay to James Grant the sum for which the lands were 1586.] CHARTERS NOT PRINTED. 397 apprised, such payment, however, to be made within seven years, the ferms and profits of the lands to be meanwhile uplifted by the said James Grant, his heirs and assignees, in payment of the said principal sum and expenses of this new infeftment. Dated at Edinburgh, 1st May 1585. 317. Letters of Summons at the instance of John Grant of Frewquhy, oy and heir of the late John Grant of Frewquhy, his guidsire, and of Patrick Grant of Rathy- mwrcheis, John Grant of Kinveachie, and James Grant of Auchternettir, his curators, for their interest, complainers, narrating a contract made at Edinburgh, the 17th March 1558, between the said deceased John Grant of Frewquhy, for himself, and taking burden upon him for his daughters, on the one part, and the deceased John Grant of Ballindalloch, and Patrick Grant, his son, got betwixt him and Barbara Gordoun, his spouse, on the other part, by virtue whereof it was con tracted that the said Patrick Grant, and failing him by decease, John Grant, his youngest brother, should marry Grissell Grant, daughter to the said deceased John Grant of Frewquhy, got betwixt him and Margaret Stewart, his spouse; whom failing, Elizabeth, and failing her, Katharine, also his daughters; whom failing, the eldest of his daughters " successive in ordour maist equivalent for thame to marie," and that the said Patrick should solemnise the marriage between the date of the contract and Martinmas 1562 ; that if the said Patrick deceased unmarried, his brother John should marry one of the said John Grant's daughters nearest to him in age, and solemnise their marriage at their age of twelve years complete ; that the said deceased John Grant of Frewquhy should purchase dispensations upon his own expenses ; that the said Patrick Grant, and failing him, John Grant his brother, with advice of the said deceased John Grant of Ballindalloch, their father, and then their lawful administrator, tutor, and governor, for his interest, should, immediately after completing the marriage, cause himself and the daughter of the said deceased John Grant, to whom he was married, to be infeft in conjunct-fee, and the heirs- male of their bodies ; whom failing, the said deceased John Grant of Ballindalloch's heirs-male whomsoever, in the lands of Tullochcharrone, to be held of the King, his mother, and the King's successors ; that for sure completing of the marriage, the said deceased John Grant of Ballindalloch should infeft the said Grissell, whom failing by decease, the said Elizabeth, etc., in liferent, by charter and sasine, in the lands of Mekill Invernarne, Cowle, Roy Gilliequhaine, Loyneardochy, to be held of the King and his mother, and in the lands of Bogsyde, to be held of the Friars Preachers of the burgh of Elgin, under reversion to be given by them, with advice of their father, to the said deceased John Grant of Ballindalloch, his heirs and assignees, bearing that whenever the marriage was completed, and infeftment given, as above, 398 ABSTRACT OF GRANT [1586. in the lands of Tullochcharrone, or if the marriage failed through default of Grissell, or any other of the late John Grant of Frewquhy's daughters, the said deceased John Grant of Ballindalloch should have free regress and ingress to the said lands of Mekill Invernairane, etc. And the said deceased John Grant of Frewquhy bound himself that none of his daughters should uplift or crave any mailis, etc., from the said lands till Whitsunday 1562; and also that the said deceased John Grant of Ballindalloch should infeft heritably, by charter and sasine, the said deceased John Grant of Frewquhy, and his heirs, in the lands of Cardellis and Pitcroy, which pertained to the late Alaster Grant, his brother, and that he should enter heir to his brother, and resign the lands in the hands of the superior and convent of the Friars Preachers of Elgin, for such infeftment to be made between the date of the contract and 20th May next thereafter; and also the said deceased John Grant of Ballindalloch should cause Patrick Grant of Dalvey, his brother, and the rest of his brothers, give over all right and claim of right which the said deceased Allester, or they as cessioners, etc., to him, had or might have against the said deceased John for himself, and as son and heir of the deceased James Grant of Frewquhy, his father, for the violent ejection, if any was, of the said Allester from the said lands of Cardellis and Pitcroy, and violent occupation of the same from him and them, and profits he or they might have had since the ejection, and to give sufficient discharge thereof, as the said deceased John Grant of Ballindalloch by the said contract gave ; and the said deceased John Grant of Ballindalloch bound himself that if the said deceased John Grant of Frewquhy required him to pay to him 1000 merks Scots in his lifetime, such payment should be made, but neither to nor by the heirs of either. For which causes the said deceased John Grant of Frewquhy, for him and his heirs, discharged to the said deceased John Grant of Ballindalloch, his sons and brothers above specified, all acts, contracts, bonds, or promises made between them and the said deceased James Grant of Frewquhy, his father, or him the said deceased John Grant of Frewquhy before the date of the contract, and all rancour, hatred, and malice of his heart conceived against them, and all action, plea, or debate he had or might have against them for any manner of action or cause bygone, " and to stand as amiabill guid cheif and maister to thame than in tymes cuming." And the said deceased John Grant of Ballindalloch and his son Patrick bound themselves and their heirs-male in time coming not to take in assedation tacks or kirks within the bounds of Strathspey, except so much as they were then in possession of, without special license of the said deceased John Grant of Frewquhy and his heirs-male had and obtained ; with special provision that the said contract should be inserted and registered in the Books of Council, and decerned to have the strength of an act and decreet of the Lords thereof, etc. The contract was subscribed in duplicate by both 1586.] CHARTERS NOT PRINTED. 399 parties, one copy being delivered to the said deceased John Grant of Frewquhy, and the other to the deceased John Grant of Ballindalloch. The copy delivered to the deceased John Grant of Frewquhy, grandfather of the complainer, was in the sub scriptions either riven by some malicious person, or by negligence and evil keeping almost worn away, nevertheless the said duplicate was subscribed on the margin, after an addition made to it, which subscriptions still stand perfect, and the writers and witnesses are still alive who can verify the contract. Wherefore it became necessary to have the said duplicate compared with that given to the deceased John Grant of Ballindalloch, now in the hands of Patrick Grant of Ballindalloch, his son and heir, or at least universal successor to him in his lands and heritage, or at least was in his said father's hands, and fraudfully destroyed or put away by him, etc. ; and when sufficiently verified before the Lords of Council, to have the said duplicate registered in the Books of Council, etc. Nevertheless, the said Patrick Grant, now of Ballin dalloch, would in no wise produce or exhibit the said duplicate delivered to his said father, nor consent to the registration of the other copy delivered to the complainer's grandfather : Wherefore the said Patrick Grant, now of Ballindalloch, is now sum moned to compear at Edinburgh, on and produce the duplicate of the contract delivered to his father to be registered, or show a reasonable cause to the contrary ; further, that the Lords may receive probation of the tenor and contents of the double delivered to the said deceased John Grant of Frewquhy, and decern the same to have as great force and strength as the principal. Given under the signet, at Edinburgh, 25th July 1586. 318. Letters of Assignation by James Lord Stewart of Newtoun, late Chancellor of Scotland, etc., donator, by gift of the King to him, his heirs and assignees, of the ward, nonentry mailis, fermes, profits, and duties of all lands, baronies, etc., which pertained to the late John Grant of Freuchie, and the late Duncan Grant his son and heir-apparent, for all years and terms since the decease of the said John or Duncan Grant, and to come during the ward and nonentry thereof; with relief, when it shall happen, and the marriage of John Grant, eldest son of the said Duncan, and oy and heir-apparent of the said John and Duncan deceased, whom failing, of any other heir that should succeed to the lands and heritage, as more fully contained in letters of gift, since confirmed by the King, and containing a new disposition thereof, of which gift and new disposition thereof, in consideration of certain great sums of silver paid by Patrick Grant of Rathimorcus to Lord Stewart, the latter makes the said Patrick, his heirs and donators, cessioners and assignees to the said ward, etc., and substitutes the said Patrick in his right thereto ; delivering the letters of gift to the said Patrick ; providing he should not be further bound in warrandice, but from 400 ABSTRACT OF GRANT [1586- his own deed only. Subscribed at CragyhaU, 2d September 1586, before Henry Stewarte of CragyhaU, Archibald Stewarte at the Queinsferrie, and George Bruce, notary. : M. Hare Steuart off Cragehall, witnes," etc. 319. Summons charging Jane Leslie, Lady Nauchtane, to compear before the King and his CouncU at Edinburgh, on the 22d of December next, in answer to a complaint made by John Grant, now of Frewquhy, grandson and heir of the deceased John Grant of Frewquhy, Patrick Grant of Rathomurcus, John Grant of Kinbeachie, and James Grant in Auchernak, curators to the said John Grant of Frewquhy, for their interest, stating that the said late John Grant of Frewquhy, at the time of his decease, in the month of June or thereby, in the year 1585, had in his possession, and in his dwelling-place of Frewquhy, heirship goods of the value and prices following, to wit, — " Ane cheinzie of gold," weighing xx ounces, price of each ounce xxx lib. ; a pair of golden " braislattis," weighing vj ounces, of the same price ; " ane syde nekit clok of fyne Franche blak, foirlappit with blak welwott," price thereof x poundis ; a doublet of black satin, price thereof xxx lib. ; " ane pair of breikis of grograne of silk," price thereof xx lib. ; a green " burde clayth " of five ells of length and six quarters of breadth, price of the ell Is.; " ane knok ovirgilt with gold, price thairof ten crownis," price of each crown 1 s. money; " ane futmantill of fyne Scottis blak," price of the same xij lib. ; which heirship goods Jane Leslie, Lady Nauchtane, relict of the said deceased John Grant of Frewquhy, although execu trix, or at least universal intromitter with the said goods and gear, would in no ways deliver to the said John Grant now of Frewquhy, as good as they were at the time of the said John Grant's decease, to be used by the complainer as his proper heirship goods, or the worth thereof, as is above written. The summons also charges wit nesses to compear day and place before mentioned. Given under the signet at Edinburgh, 26th November 1586. The Messenger's execution is indorsed. 320. Charter by James Grant in Auchirnak, whereby he grants, sells, and alienates ex titulo oneroso heritably, to John Grant of Fruquhe, his lands of the two Auchnarris, Downan, and the Port, in the sheriffdom of Inverness, extending in whole to a 1591.] CHARTERS NOT PRINTED. 401 fifteen merk land, for a great sum of money paid to him therefor : To be held by the said John, his heirs and assignees, from the granter and his heirs and assignees, of the King and his successors, Kings or Queens of Scotland, in feu and heritage, for rendering to the King ward, relief, marriage, nonentry, when they occurred. Con tains a clause of warrandice and precept of sasine, and is dated at Frequhy, 2d October 1589. Witnesses, Mr. James Grant, brother-german of the foresaid John Grant of Fruquhy, William Mc Allan in Achenarriis, William Cuming and William Gregor, notaries, and others. Signed, " I, James Grant in Achernak, w* my hand at the pen led be Villiam Cuming, notter publict and sref dark of InSnes, at my pmand, be me specyale requirit herto." 321. Contract for the marriage of John Grant of Freuchie and Lilias Murray, second daughter of Sir John Murray of Tullibardin, knight, whereby the said John Grant engages to marry the said Lilias betwixt the date of the marriage-contract and the first day of August thereafter ; and also engages to resign in the hands of his superiors for new infeftment, in favour of him and his wife, all and sundry the Mains of Mulben, the lands of Mekill Ballinbroth, LitiU Ballinbroth, Mekill Muldareis, LitiU Muldareis, and the Mains of Knokendoch, with the myln, etc., thereof, all to be held to the said John Grant of Freuchie and the said Lilias Murray, his future spouse, and the longest liver of them, in conjunct-fee, and to the heirs-male to be gotten between them, whom failing, to the heirs of the said John Grant contained in his old infeftments of the said lands and others foresaid: or else he shall, by his own charters containing precepts of sasine, infeft the said LUias for all the days of her life in all and sundry the foresaid lands, to be holden of their said superiors, with their confirmation to follow thereupon, which of the two it shall best please the said Sir John Murray to accept for the said Lilias his daughter's security, for the yearly payment as above rehearsed : which lands give presently, and are worth yearly in good estimation, twenty-five chalders of " chereteit beir, mercat stuff, ane mercat met," over and above silver and other duties, and John Grant obliges him and his heirs to warrant the same lands to be worth and to give so much yearly to the said Lilias, and that she shall be thankfully answered and obeyed of the fore said haill yearly duty during her lifetime at the terms of payment used and wont, providing always that if so much victual as the said lands assigned to the said Lilias in conjunct-fee or liferent pays more than the said quantity of twenty-five chalders of bear, etc., the said Lilias Murray shall be obliged to refund, pay, and deliver the said superplus of the victual above the said twenty-five chalders bear to the said John Grant's heirs and successors succeeding to the living of Freuchie : Also the said John Grant binds and obliges him and his foresaids to renew the said infeftment as 3 E 402 ABSTRACT OF GRANT [1591- often as he or they shall be required thereto by the said Sir John Murray during his lifetime or after his decease by William Murray, his eldest son, or any other son suc ceeding to him in his living of TuUibardin, as long and until the said Lilias be sufficiently infeft and seased for her lifetime in the lands and others foresaid, conform to the old infeftment of the same ; and in case it shall happen the said Lilias to decease without heirs-male gotten between the said John Grant, her future spouse, and her, or that she should only have daughters of the said marriage, so that other heirs, either heirs-male or of tailzie, succeed to the said John in the living of Freuchie, in that case the said John Grant of Freuchie for himself, and taking burden on him for his said heirs-male and of tailzie and others succeeding to the living of Freuchie, shall thankfully content, pay, and deliver to that daughter and heir-female gotten of the said marriage, in case there be but one, the sum of 10,000 merks money, and if there be two daughters, the sum of 16,000 merks, to be distributed betwixt them by the advice of the Lairds of TuUibardin and Freuchie, the said two daughters being ready for marriage, and using their advice in the said marriage ; and if there be more daughters and heirs-female than two, the sum of 6000 merks money to the eldest, and every one of the rest of the daughters the sum of 5000 merks money, for advancing and furthering of them and either of them to an honourable marriage, they using the advice and consent of the said two Lairds in their marriage : For the which causes to be fulfilled by the said John Grant of Freuchie to the said Lilias, his future spouse, the said Sir John Murray of Tullibardine, knight, binds and obliges him, his heirs and executors, to thankfully content, pay, and deliver to the said John Grant of Freuchie, his heirs, executors, and assignees, in name of tocher with the said Lilias Murray, the sum of eight thousand merks money of this realm in manner following ; the said whole sum of eight thousand merks money to be paid betwixt the date of this contract and the feast of Pasche, in the year of God jnlve fourscore and fourteen years ; and both parties bind and oblige them faithfully hereto, and for the more security thereof, consent that these presents be acted and registered in the Books of Council, to have the strength of an act and decreet of the Lords thereof, with executorials of horning or poinding to pass thereupon, etc. In witness whereof, both the said parties have subscribed this present contract at Gask, the 15th day of April 1591, before these witnesses, William Sutherland of Duffois, Patrick Grant of Rothiemurchus, James Murray of Pardewes, John Cumming of Ernsyd, Patrick Dunbar of Blarie, Mr. Thomas Craig, advocate, and Robert Craig, his brother. 322. Charter by King James the Sixth, under the great seal, confirming a charter by John Grant of Fruquhy, proprietor of the lands undermentioned, whereby for certain sums of money due by him to the grantee, and in satisfaction of his portion natural and bairn's 1594.] CHARTERS NOT PRINTED. 403 part of gear falling by decease of Duncan Grant, apparent of Fruquhy, father of the gratitee, by legacy or otherwise, the said John Grant sells, and dispones to Patrick Grant, his brother, his lands of Kysseryiie, viz., Strome Meanach, Strome Castell, with castle and fortalice of Strome, Reraik, Auchintraid with the Glen, Auchvane, Tawnethane, Auchzele, Braklache, Acliadill, Achate Arenachtane, The Downe, Slumba and Strome Carenache, with the office of constable thereof, in the shire of Inverness : To be held by the said Patrick, his heirs and assignees, from the granter and his heirs, of the King and his successors, in fee and heritage for ever, for rendering services due and wont. The charter is dated at Ballachastell, 10th July 1589, and is confirmed in due form at Holyroodhouse, 13th July 1593. 323. Contract of Marriage made between John Grant of Freuquhy, for himself, and taking burden upon him for Elizabeth Grant, his sister, on the one part, and Thomas Cuming of Altir, for himself, and taking burden upon him for Alexander Cuming, his eldest son and apparent heir, and the said Alexander for his own interest oh the other part, whereby the said Alexander agrees to marry the said Elizabeth Grant, with solemnization thereof in face of holy kirk, between the date and 20th July next to come. The said Thomas Cuming of Altir becomes bound to cause the said Alexander and Elizabeth, the longer liver of them, and the heirs-male of their bodies, whom failing, the said Alexander's nearest heirs-male bearing the arms of Cuming, to be infeft in the town and lands of Tulledewie, with mill-town and multures, and salmon fishing of the same, in the lordship and regality of Vrquhart and shire of Elgin and Forres ; the lands of Logye, Aribrie, Lyne, Clunairnie and Dollesbrauchtie, in the lordship of Spynie and shire of Nairne ; the town and lands of Blackhillis, Rininnour, and Rowmichie, in the barony of Dolles and shire of Elgin and Forres and other lands named : To be held of the said Thomas as he held them for the payment of the yearly mailis and feu-duties, with warrandice from wards, etc., except a liferent tack of Clunairnie, set to Alexander Dunbar of Inshebrok, and Jonet Cuming, his spouse ; and for better security, the said Thomas engages to make Margaret Gordoun, his spouse, appear before the commissary of Moray and renounce her conjunct-fee and liferent right of the said lands, in favour of the said future spouses, wdiich renunciation the said Thomas engages to ratify. And because the town and lands of Logye were in wadset in the hands of John Ross of Ballewatt, upon a reversion for payment of £1000 Scots, together with a letter of tack of the lands of Logye for three years after the redemption thereof, for payment of the feu-maills to the superior, as contained in letters of reversion, dated at Ballewatt, 19th October 1585; and also the town and lands of Dollesbrauchtie, in wadset to 404 ABSTRACT OF GRANT [1594. James Cuming and Marjorie Ros his spouse, for 460 merks, as contained in the letters of reversion, dated at Elgin, 17th July 1565 ; also, Blackhillis, Rininnour, and Rowmichie, wadset to Katherine Gordoun, relict of the deceased James Innes of Dranze, liferenter thereof, and Alexander Innes of Cokstoun, now her spouse, for his interest, and in the hands of James Innes, fiar thereof, upon reversion for 1200 merks, to be paid in the parish kirk of Elgin, etc., as contained in letters of reversion, dated at Dranze, 19th June 1561 ; to which three letters of reversion, the said Thomas and Margaret his spouse, for her interest, hereby make the said Alexander and Elizabeth his future spouse, and the heirs-male of their bodies, their cessioners and assignees, and transfer all their right thereto to them, and in token of assignation, deliver at the making hereof to the said Alexander and the said John Grant of Freuquhy, in name of the said Elizabeth Grant, the three letters of rever sion, to be kept and used by the said Alexander and Elizabeth as their own proper evidents ; of which the said John Grant of Freuquhy grants receipt, and engages to make them forthcoming to the said Alexander and Elizabeth, and their heirs, whom failing, the heirs of the said Alexander, for redemption of the said lands : Providing always, that although the said Thomas Cuming had sealed and subscribed infeftments of the said towns and lands of Wester Logye, Dollesbrauchtie, Blackhillis, Rininnour and Rowmichie, to the said Alexander and Elizabeth, and their foresaids, the said Thomas shall not be obliged in warrandice of the said wadset lands till they be redeemed, by virtue of the former reversions : also, whereas the said Thomas Cuming had sold and alienated to Thomas Cuming, his second son, in liferent, the lands of Drummyne and Presley, and heritably to his heirs-male and assignees, whom failing, to return to the house of Altyir, upon reversion containing the sum of 500 merks ; and to James Cuming, his younger son, in liferent, the town and lands of Ballewraych, and heritably to his heirs-male and assignees, upon reversion containing the sum of 500 merks, the said Thomas binds himself not to sell, nor wadset, nor set in tack to the said Thomas nor James Cuming, his sons, any other lands except these, nor make them have the lands in any better case, except in setting to them the teinds and vicarage of the said lands. Further, the said Thomas agrees to make similar infeftment to the said Elizabeth, in liferent, and heritably to the said Alexander, his heirs and assignees foresaid, upon the towns and lands of Mekill Bounchell, Craigton, and Craigmylne, in the earldom of Moray and shire of Elgin and Forres, reserving his Hferent thereof, and Margaret Gordoun, his spouse's liferent, of the milne of Craigton, mill and mill crofts thereof, to be held of the heir or heirs of the deceased James Earl of Moray, etc. And in case the said Alexander depart this life without heirs-male of his body, the provision above written shall not be prejudicial to the said Thomas or James Cuming, to succeed to the lands and baronies of Altyir and Dolles, nor other 1594.] CHARTERS NOT PRINTED. 405 lands now possessed by the Laird of Altir, nor to which they might succeed by decease of the said Alexander without heirs-male as aforesaid ; and the said Thomas binds himself, and the heirs succeeding him in his lands and heritages, in case the said Alexander decease leaving only heirs-female of his body, to pay to the eldest daughter 2000 merks; to the second, £1000 Scots; to the third, 1000 merks Scots, the time of payment to be fixed by the said John Grant of Freuquhy, his heirs or their curators, to be spent as tochers for them, providing such payment did not light on the said Thomas, or his spouse, in their lifetimes. For which causes the said John Grant of Freuquhy binds himself to pay to the said Thomas Cuming of Altir, his heirs, executors, and assignees, the sum of 7000 merks Scots, in name of " dote and tocherguid," of which 3000 was paid at the date of the contract, for which the said Thomas Cuming grants receipt, and the rest was to be paid to the said Thomas Cuming and Margaret Gordoun, his spouse, and their assignees, 940 merks, between the date of the contract and the penult of October instant 1594 ; and the said Thomas Cuming of Altir assigns to the said John Grant of Freuquhie the sum of 3060 merks remaining, for the redemption of the said three reversions ; which lands of Wester Logye, Dollesbrauchtie, etc., the said John Grant obliges himself lawfully to redeem to the said Alexander and Elizabeth before Whit sunday 1595, and, in case of failure, to infeft them in an annual rent of ten score boUs victual out of the lands of the barony of Knokandoch, to continue till the redemption were accomplished, such victual to be paid or delivered " with the commoun firlot of Elgin and Forres." And the said John Grant of Freuquhye, and Alexander Cuming, bind themselves, in case the said Thomas deceased before Margaret Gordoun, his spouse, to keep and preserve the lands pertaining to her by his decease, and her tenants, safe from all sorning and oppression as they do their own lands, and the said Thomas and James Cuming in their lands above said ; and the parties annul all other contracts of marriage made on the premises, and consent to the registration of the present contract in the Commissary Books of Moray. Dated at Altir, 27th April 1594. Witnesses, Patrick Grant of Rothemurchus, Patrick Grant of Blarye, Patrick Grant of Ballandallache, John Annand of Mureston, WUHam Gibson of Sherefmylne, Mr. Archibald M°Gregor of Tullochcruben, and John Donaldsone, writer of the premises. Signed, " Jhone Grant [of Freuquhye]." " Thomas Cumyng of Altyr." 324. Back-bond and Discharge by Kenneth Mackeinzie of Kintaill, narrating a bond made to him of the same date, by John Grant of Freuquhye, binding him, his heirs and assignees, to refund and redeliver to the said Kenneth, his heirs, executors or assignees, the sum of 2000 merks Scots betwixt the date and Martinmas next, 106 ABSTRACT OF GRANT [1606- in case of non-performance 1 >y Donald McAngus of Glengarrie, and Alester McConeill vic Angus his son, of certain conditions and clauses made to the said Kenneth concerning his security of the castle, fortalice, and manor place of Strome, half lands of Lochailsche, Lochcarne and Kysryne, and Kirktouns of Lochailsche and Lochcarne, disponed by the said Donald and Alester to him ; but as the said John's name had only been borrowed for good-will, and to settle justice between the parties and their kin and friends, the said Kenneth therefore discharges and quit claims the foresaid John Grant of that part and head of the bond concerning the refunding of the 2000 merks at Martinmas 1606. Dated at Elgin, 16th May 1606. Witnesses, William Sutherland of Duffous, Patrick Grant of Balnadalloch, James Sutherland of Kinsterie, David Brodie of that Ilk, John Grant of Glenmoreiston, Kenneth McKeinzie of Kilchreist, George Annand, and John Donaldsone, notaries. Signed, " Mackenze." 325. Lease by William Douglas, vicar of Aberlour and Elchies, with consent of Alexander, Bishop of Moray, and canons of the Cathedral Church of Moray, to Lachlan Grant of Wester Elchies, and Elspet Innes his spouse, the longer liver of them and their heirs and assignees, of the small teinds and vicarage of the town and lands of Wester Elchies, in the parish of Elchies, diocese of Moray, regality of Spynie, and shire of Elgin and Forres, such as teind lamb, teind wool, teind calf, teind foal, teind goose, teind gryse, teind hemp, teind lint, teind salmon fishes upon the water of Spey, " mylknes kanis, hallowbrokis," with casualties and profits pertaining to the said lands, for the lifetime of the said William Douglas, and nineteen years after his decease — their entry being at Beltane last bypast, for yearly payment to the said William Douglas and his successors, vicars of Aberlour and Elchies, of the sum of 53s. 4d. Scots as the old duty, together with 3s. 4d. of augmentation, making in all 56s. 8d., at Beltane and Allhallowmes. Sealed with the granter's seal, round seal of the Bishop, and common seal of the Chapter, at Elgin, 9th November 1607, before James Law, Snawdoun herald, Mr. William Clogye, Chancellor of Moray, and others. Subscribed, " Wm. Douglas, Vicar of Abirlour and Elchis." "Alexander Epus Morauien." " M. P. Grant, Persone of Cromdall," etc. Seals wanting. 326. Disposition in form of Contract between James Earl of Moray, Lord Doun and Abernethie, on the one part, and John Grant of Fruschie, on the other part, by which the former, in consideration that John Grant of Fruschie had paid to him the sum of £20,000 of money of North Britain, sets and in feu-farm lets to him, his heirs-male bearing the surname and arms of Grant, and assignees, heritably and irredeemably, the lands and lordship of Abirnathie, with manor-place thereof, woods 1609.] CHARTERS NOT PRINTED. 407 and pertinents in the shire of Elgin and Forres, and engages to infeft the said John therein by charter and sasine ; to be held of the said Earl of Moray and his successors Earls of Moray, in feu-farm and heritage, for payment of £40 Scots yearly, with a duplicand at the entry of each heir ; and provision is made that the not payment of the feu-duty for two years should be no cause to quarrel the infeftment, notwith standing any Act of Parliament to that effect ; but in case of failure of payment at the half-yearly term of the £20 feu-duty then due, within 30 days after the term, the sum of £40 is to be paid as the double of each term's feu-duty, in each case of failure of payment, etc., for which the Earl may either suit execution at law, or distrain the said lands and lordship. Further, the said John Grant of Fruchie binds himself and his heirs-male, successors and assignees in the said lands and lordship, by themselves or their attorneys, to give suit and presence in one of the said noble lord's principal head courts yearly, to be held after Michaelmas at the Kearne of Kilbwyok, as the principal part where the head courts of the earldom of Moray are accustomed to be held yearly ; and agrees to compear in any other of the courts of the earldom, on warning of ten days, to answer, if charged with the failure of pay ment of the above feu-duty, and to have the lands poinded for such failure, but in that case only, and in no other cause, civil or criminal, should the said Earl, his suc cessors and their bailies, be held judges competent to them. And the said John Grant and his foresaids to pay the King's taxations of the said lands and lord ship. With clause of warrandice from wards, reliefs, etc. The Earl agrees to give extracts and transumpts of all evidents made to him or his predecessors of the said lands and lordships ; and approves the possession thereof by the said John Grant and his predecessors in time bygone, renouncing all action against him on that account for any mailis or duties thereof. Dated at Stirling, 13th April 1609. Witnesses, George Marquis of Huntly, William Master of TuUibardin, James Stewart, parson of Saling, Colin Campbell of Blairn Nairne, and others. (Signed), " Morray." " Johne Grant off Freuquhy." 327. Charter by King James the Sixth, under the Great Seal, confirming a charter granted by James Earl of Moray, Lord Doun and Abirnethye, whereby in fulfilment of a contract of the same date, and for certain great sums of money contained in the said contract, the Earl gives, grants, and to feu-farm lets, heritably, to John Grant of Frewchie, without reversion or regress, his lands and lordship of Abirnathie, with manor place thereof, woods, annexes, and dependencies, in the shire of Elgin and Forres; to be held by the said John Grant of Frewchie, his heirs-male and assignees bearing the surname and arms of Grant, of the granter, his heirs and successors, Earls of Moray, in feu-farm and heritage for ever, for payment yearly of 408 ABSTRACT OF GRANT [1609. the sum of £40 money of North Britain, at Whitsunday and Martinmas in winter, by equal portions, at least within thirty days after either term, and the heirs-male and assignees doubling the said feu-farm at their entry; providing that the non-pay ment of the feu-farm should be no cause of annulment of the infeftment, notwith standing any provision of law or Act of Parliament to the contrary, and other clauses as in the contract immediately preceding. Contains a clause of warrandice and precept of sasine, and is dated at the Castle of Stirling, 13th April 1609. Witnesses, George Marquis of Huntly, John Earl of Mar, Lord Erskine, John Lord Erskine his son, William Master of Tullibardine, James Stewart, minister of Sawling, and others. The charter of confirmation is in the usual form, and is dated at Edin burgh, 17th June 1609. 328. Extract Contract between John Grant of Frewquhie and Thomas Nairne of Crom daill, by which the latter sells, alienates, and for the sum of 12,000 merks dispones to John Grant of Freuquhie, the heirs-male of his body, whom failing, his nearest lawful heirs-male bearing the arms and surname of Grant, and his assignees heritably, without reversion, the lands of Lethentie, with the tower and fortalice, Over Auchroisk, Mid Auchroisk, Garling, Nether Auchroisk, Kirktoun of Cromdale, Dellichappill and Rbmaballiche, in the barony of Cromdale and shire of Inverness; and engages to infeft the said John Grant in the same ; to be held of the King, immediate superior thereof, in fee and heritage, by service of ward and relief, etc., with clause of warrandice from the said Thomas and his foresaids' fact and deed, and engagement to deliver all old evidents and writs of the foresaid lands. Both parties agree to annul all previous contracts : and for the better security of the said John Grant in the said lands, Patrick Grant of Balmadalloch, for himself, his heirs and assignees, renounces the said lands, and all right or claim he had thereto, in favour of the said John Grant. Subscribed before witnesses, Patrick Grant of Rothymurchus, Mr. James Grant of Edinvillie, Patrick Grant of Camdell, Robert Grant of Over Conegas, John Grant of Glenmoreiston, John Stewart of Kinmachlon, Thomas Grant of Hiltoun of Birneyth, Mr. Patrick Grant, parson of Cromdale, and John Donaldsone, notary. Dated at Kirktoun of Cromdaill, 12th May 1609, and registered in the Books of Council, 29th May 1611. 329. Charter by King James the Sixth, under the great seal, granting to John Grant of Frewchie, and the heirs-male of his body, whom failing, his nearest lawful heirs-male bearing the surname and arms of Grant, his and their assignees whomsoever, all and sundry the lands of Lethintie, with tower, fortalice, and manor place thereof, the lands of Over Auchrosk, Mid Auchrosk, Garling, Nethir Auchrosk, Kirktoun of 1609.] CHARTERS NOT PRINTED. 409 Cromdaill, Dellichappel, and Rinnoballich, with their pertinents, in the barony of Cromdale and shire of Inverness ; and all and sundry the lands of Inuerellem, Glen beg, Gaeycht, Cragane, and Dregye, with mills and fishings thereof, the lands of the Two Auchnarrowes, Downane, and Port, with their pertinents, in the shire of Inverness ; which lands of Lethintie, etc., formerly belonged to Thomas Name of Cromdale herit ably; and which lands of Inuerellam, etc., formerly belonged to the said John Grant of Frewchie heritably ; and which lands were by the said Thomas Name and John Grant, resigned in the hands of the Lords of Secret Council, as in the hands of the King, superior of the same, at Edinburgh, in favour of the said John Grant of Freuchie, and for this new heritable charter, under the great seal, to be made to the said John Grant, and his heirs-male and assignees aforesaid : Further, the King, for the good, faithful, and thankful service done to him by the said John Grant of Freuchie, de novo grants and confirms to him all the foresaid lands, and all right he, his predecessors or successors, could claim to them, or to the ferms, kanes, or profits thereof, through ward, relief, non-entry, etc. Moreover, the King, for the foregoing causes and other considerations moving him, erects and incorporates all the foresaid lands into a whole and free barony, to be called in all time coming the Barony of Cromdaill, with the manor place and fortalice of Lethintie as the principal messuage, a single sasine taken at which is declared to be sufficient for the whole barony. And further, understanding that the said town of Cromdale lies in a wild and barbarous part of Scotland, far from the sea, and the people around it are rude and barbarous, wanting civility and good manners, and that if it were erected into a burgh of barony, not only would the inhabitants of those bounds become richer and more civilised, but great thefts, robberies, and oppres sions, formerly perpetrated in these bounds, would be repressed by dread of punish ment ; therefore the King, from his natural inclination to reduce his people to civility and good manners, and for policy and decoration of the realm, erects and creates the said town of Cromdale, with all the houses and buildings, waste places, gardens, etc., into a free burgh in barony ; with power to the said John Grant of Freuchie, his heirs and successors foresaid, to choose and appoint bailies, one or more, with persons of council, clerks, and Serjeants for ruling and governing thereof, and to change them when necessary ; with power to the burgesses and freemen of the said burgh to buy and sell wine and wax, etc. ; to the Bailies and Councillors to admit bakers, tailors, weavers, etc. ; to build a tolbooth prison and market cross, and to hold a weekly market on Saturday, with four free fairs, viz., on St. Luke's, St. Peter's, St. Michael, and St. George's days; and with power to uplift tolls and customs, hold courts within the burgh, arrest and punish transgressors, etc. : To be held by the said John Grant of Freuchie and his foresaids, of the King and his 3 F 410 ABSTRACT OF GRANT [1611. successors, in fee, heritage, free barony and free burgh of barony for ever, they rendering for the said barony the rights and services due and wont, and for the said burgh in barony the sum of 3s. 4d. money of Scotland yearly at Whitsunday, in name of blench farm. Dated 28th June 1609. 330. Contract of Marriage made between John Grant of Freuquhie for himself, and taking burden on him for Annas Grant, his eldest daughter, and the said Annas with her own consent and for her own interest, on the one part, and Lauchlane Mackintosche of Dunnauchten, with consent of Sir John Campbell of Calder, knight, William Mackintosche of Beandachir, Mr. William Campbell of Brachley, Alexander Hay of , great secretary to the King for the kingdom of Scotland, Angus Mackintosche of Termeit, and William Mackintosche of Belnacrie, his curators, for their interest, on the other part, by which contract the said Lauchlane engages to marry the said Annas Grant, and, before the solemnisation of the marriage, to pro cure himself served and retoured and seised as heir to the late Lauchlane Mackintosche of Dunnauchten, his grandfather, and Angus Mackintosche, apparent of Dunnauchten, his late father, or either of them that died last vested and seised in the lands and baronies underwritten, to wit, the lands and barony of Cullodin, with tower and fortalice thereof, in the shire of Inverness ; the lands and barony of Drumcardenze, in the same shire ; the lands and dauauch of Schethin, in the lordship of Badzenoch and shire foresaid ; and being so retoured, to infeft before marriage the said Annas Grant in liferent, and heritably the heirs-male of their bodies, whom failing, the said Lauchlane's nearest heirs-male and assignees in the foresaid lands, to be held of the said Lauchlane's immediate superiors, by resignation or confirmation, as should best please the said John Grant of Freuquhye and his heirs, or the said Annas; and that in full contentation to her of all lands and others she might claim through decease of the said Lauchlane by reason of terce, etc., and which she accepts as such. With warrandice and obligation to infeft the said Annas in conjunct-fee in any other lands the said Lauchlane should acquire. The said Annas and Lauchlane, with consent of his curators, in consideration of the great sum of money to be paid as dowry, renounce all right she may have to any goods, gear, lands or others through the decease of her father, except such as it may please him to give her ; and the said Lauchlane binds himself to renew the renunciation on attaining the age of twenty-one years complete. And the said John Grant binds himself, his heirs and assignees, to pay to the said Lauchlane, his heirs or assignees, the sum of 10,000 merks Scots, as dowry or tocher, in the parish kirk of Inverness, viz., 5000 merks before Whitsunday next, 1612, under a penalty of 1000 merks, and the other 5000 merks before Whitsunday 1613, under the same penalty of 1000 1612.] CHARTERS NOT PRINTED. 411 merks ; and the said Lauchlane, with consent of his curators, agrees to employ the 10,000 merks only in redemption of wadsets on the foresaid lands ; and in case of no heirs-male of the marriage, to pay 12,000 merks to the daughter, if only one ; if two, 8000 to the elder and 4000 to the younger; if three or more, the eldest to have 6000, and each of the others 3000 merks. Dated at Ballachastell, 16th August 1611. Witnesses, Malcolm Makintosche of Ourlaroust, William Mackintosche M° James of Belnacrie, and John Donaldsone, notary. Subscribed, " Jhone Grant of Freuquhy." '' Lachlane MTntoschie of Dunachtin." " Annas Grant." " William Makintoische, curator, cosentis." " Malcum Makintoscb, witnes." 331. Contract of Marriage between William Sutherland of Duffous for himself, and taking burden upon him for William Sutherland his eldest son and apparent heir, and the said William for himself and his own interest on the one part, and John Grant of Frewquhie for himself, and taking burden upon him for Jean Grant his second daughter, and with her consent, on the other part, for the marriage of the said William Sutherland, apparent of Duffous, and the said Jean Grant, the solemnisation thereof to be betwixt the date of the contract and 1st December next. The said William Sutherland of Duffus binds himself to infeft the said William and Jean Grant, his future spouse, in conjunct-fee, and the heirs-male of their bodies, whom failing, the said William's heirs-male and assignees whomsoever, in the town and lands of the Mains of Pettindreiche, with pertinents thereof, and specially two seats called the Brewmhillis and Two Kilcruikis, with the mill of Pettindreche, in the parish of Elgin and shire of Elgin and Forres ; to be held of the King and his successors in feu-farm and heritage for payment of £4 Scots yearly, and £5, 6 s. 8d. to the chaplain of the chaplainry of St. John ; engaging to resign the said lands if need were in the King's or his commissioner's hands for new infeftment ; and to resign in the hands of the provost or one of the bailies of Elgin, three pieces of land of the " greischipe " of Elgin, on the west side of the water of Lossie, called the Cruikis, in the bounds of Pettindreche, presently occupied by the said William Sutherland and his tenants, in favour of the said William and Jean, for new infeft ment to be granted to them and their foresaids thereof by the provost, bailies, and council of the burgh, to be held of the provost and bailies in feu-farm, for pay ment of 3s. 4d. Scots yearly and a duplicand : Also the said William Sutherland of Duffus contracts to infeft them in the lands of Divelligrein, in the liberty and territory of the burgh of Elgin, to be held in the same manner for payment of £16, 3s. 4d. Scots ; in the town and lands of Nether Maubenis, with the Hauch of Maubenis or Brewmtoun, in the shire of Elgin and Forres, to be held of the King, or of the provost, bailies, and council of Elgin, at the option of the said William and Jean, 412 ABSTRACT OF GRANT [1612. in feu-farm for payment of £14, 13s. 4d. Scots ; and to infeft the said Jean Grant in an annual rent of 6 chalders good and sufficient " cheriteat victual " forth of the lands of Bunget and Dyksyd, in the barony of Duffus and Correlwood by annexation, and shire of Elgin and Forres, to be held of the granter and his heirs in blench for payment of one penny if asked only, reserving to Margaret MTntosche, now Lady of Duffus, her liferent of the said six chalders, in contentation to the said Jean Grant of any other goods, etc., she might claim by terce or otherwise : Further, the said William Sutherland transfers to the said William and Jean certain rights of the teind sheaves of Pettindrech and of Divelligrein. It is also provided, that in case there be no heirs-male of the marriage, the said William Sutherland of Duffus' heir- male whosoever shall pay to the heir-female of the said William Sutherland and Jean Grant the sum of 10,000 merks if there were only one daughter, and £10,000 Scots if there were two or more daughters, to be divided in manner specified in the contract. The said John Grant of Freuquhie binds himself and his heirs, executors, and assignees to pay to the said William Sutherland of Duffus and others under written, in name of dowry and tocherguid, with his daughter, the sum of 9500 merks as follows : — 5000 merks to Archibald Grant, son of James Grant in Kirktoun of Daloquhie, for relief of the said William Sutherland of Duffus and his cautioners at the hands of the said Archibald ; to William Grant in Blairfindie, 2000 merks for a similar purpose ; to Clerk, son to the deceased Robert Clerk in Auchrosk, 2000 merks for a similar purpose; and 500 to the said William Sutherland of Duffus, before Whitsunday 1613. The said sum being in contentation of all goods or gear the said Jean might have claim to through decease of her said father. Finally, the said William Sutherland, for relief of the debts with which his estate was affected, binds himself to furnish 6000 merks for further lessening the burden, etc. Dated at Duffous, 19th September 1612. Signed, "Jhone Grant off Freuchie." " SuthBland off Duffus." " W. Sutherland, appeirad off Duffus." " Patrick Dubar of Blare, vitnes ;" " Alexr Dubar of Kilbuiak, witnes," etc. 332. Submission by Archibald Earl of Argyll, Lord Campbell, Lome and Kyntyre, etc., on the one part, and Allan Makindwye [Cameron] on the other part, referring them selves to the amicable decreet-arbitral of Colin Campbell of Lundie, Sir John Campbell of Caddell, knight, James Campbell of Laweris, Sir William Hart of Prestoun, as judges-arbitrators chosen on the Earl's side, and of John Grant of Frewchie, WilHam Drummond of Pitcairnie, David Drummond in Forres, Mr. Thomas Rollock, advocate, judges-arbitrators chosen on the said Allan Makindwye's side, and of John Earl of Montrose, Lord Grahame, etc., as oddman and oversman chosen by consent of both parties, regarding the Earl of Argyll's alleged heritable right and 1613.] CHARTERS NOT PRINTED. 413 infeftment granted to him of the lands of Lochiell, possessed by the said Allan, lying in Lochaber and sheriffdom of Inverness, precept of warning, process and action of removing, at the instance of the said Earl against the said Allan thereanent ; and also regarding the said Earl's kindness and interest he has or may pretend to have to the said lands, and expenses debursed by him in acquiring his alleged heritable right and pursuit moved thereon, and what sum the said Allan should pay to him for his alleged heritable right of the said lands, to be held by the said Allan of the Earl, in what quality and nature they shall think expedient ; and failing the heritable right to be so found, what sum the said Allan should pay to the Earl for his kindness and interest he and his predecessors had or may claim to the said lands, and for his expenses already debursed in acquiring his alleged heritable right and pursuit moved thereupon, according to the claims of both parties to be given in before the judges, who had accepted the decision of the debateable rights, and were to meet at Edinburgh on the 4th of June next to treat thereon, and give forth their decreet between that day and the last day of June next ; and whatever decision was given, both parties bind themselves to underlie and fulfil, and subscribe the blank on the back of the submission for inserting the judges' decreet thereon ; which submission is presently put in the keeping of the Laird of Grant, to be forthcoming to either party ; and both parties consent to the registration of the submission and decreet in the Books of Council and Session. In witness of which, both the said parties, with the judges and oversman, in token of their acceptance, are stated to have subscribed the submission, but the document is only subscribed by " Allane CaSone of Lochzell." Dated at 1612. 333. Contract of Marriage agreed upon between Sir Walter Ogilvie of Fyndlater, knight, for himself, and taking burden upon him for Marie Ogilvie his daughter, and the said Marie for her own interest, on the one part, and John Grant of Fruquhy for himself, and taking burden upon him for John Grant his eldest son and apparent heir, and the said John Grant, younger, for his own interest, on the other part, whereby it is contracted that the said John Grant younger shall marry the said Marie Ogilvie, and solemnise the marriage in face of holy kirk, betwixt and next to come. Before which solemnisation the said John Grant of Fruquhy binds himself to infeft the said John Grant younger and Marie Ogilvie his future spouse in conjunct-fee, and the heirs-male begotten betwixt them, whom failing, the said John's nearest heirs-male whomsoever, in the lands of Mulben and Mekle Balnabroyche, with the pendicles thereof, to wit, the mains of Mulben, mill thereof, Little John's Croft, Smith's Croft, Delmany, Schalloche, Brakan, Thome, Garlean, Calschangzean ; the lands of Auldchaishe, Forgie and Cardenye, with the fishing thereof upon the water 414 ABSTRACT OF GRANT [1613. of Spey, in the sheriffdom of Elgin and Forres ; the lands of Easter, Wester, and Mid Muldaries, with mill and hauch of the same, lands of Bogbaine, Little Balnabroche, and Auchroisk, in the barony of Balnabroyche, earldom of Rothes, and shire of Elgin and Forres ; the lands of the Brigtoun of Spey, ferry coble, and salmon fishing thereof, in the shire of Banff; lands of Over Kinminedy, Nether Kinminedy, with tower, fortalice, and manor place, Over and Nether Tarmoires, Over and Nether Killeismontes, Loine, and other lands of the said John in the barony of Strylay [Strathisla] and shire of Banff, contained in his infeftments and held of the Lord of Kinloss as principal ; and in special warrandice thereof in the lands of the lord ship of Abernethie, in the shire of Elgin and Forres ; and the lands of Culnakyle in the tenandry of Fynlarg, regality of Spynie; the lands of Easter and Wester Tulloches, Riemoire, and Garthinmoir, in the lordship of Badzenoch and shire of Inverness ; the said lands, both principal and warrandice, to be held by two infeft ments, one of the said John Grant of Freuquhy, and the other of his superiors ; with clause of warrandice, the date of entry to the lands being fixed at the term of Whitsunday 1614. Reserving forth thereof to the said John Grant of Fruquhy and an honourable Lady, Lilias Murray, his spouse, and the survivor of them, for their lifetimes, the lands of the Mains of Mulben, Little John's Croft, Smith's Croft, Delmany, Mill of Mulben, Shallauch, Brakan, Thome, Little and Mekle Balnabroyches, and Auchrosk ; and the said John Grant of Fruquhy warrants the lands disponed above (excluding the reserved lands) to be worth yearly, and to pay in rental 40 chalders victual, besides customs, grassums, and duties, to the said John and Marie Ogilvie ; and the said John Grant obliges himself to cause the said Lilias Murray, his spouse, to renounce as she hereby renounces her conjunct-feftment and liferent right of the lands of Easter, Wester, and Mid Muldaries, Boigbaine, Auldchaishe, Forgy, Brigtoun of Spey, Cardenye, Garlein, and Culshangzan, in favour of the said John Grant and Marie Ogilvie, and that judicially outwith the presence of her husband before the 1st of August next, 1614, which renunciation the said John Grant of Fruquhy engages to ratify : Which lands are given to and accepted by the said Marie Ogilvie, with consent of her father and her future spouse, in full contentation of all lands and others she might crave through decease of the said John Grant, younger, by conjunct-fee or terce : For which causes the said Sir Walter Ogilvie binds himself, his heirs and executors, to content and deliver to the said John Grant of Fruquhy and John Grant his son, the sum of ten thousand pounds Scots in name of dowry or tocher with the said Marie, his daughter, in manner follow ing, viz. : The said Sir Walter as principal, and Walter Ogilvy, apparent of Dunlugus, Alexander Abercrumby of Birkinbog, as cautioners, bind themselves to pay to the said John Grant of Fruquhy, or his heirs, 5000 merks in the burgh of Elgin before 1614.] CHARTERS NOT PRINTED. 415 Martinmas next, 1614, under penalty of £1000 additional; and because various lands were in wadset, such as Nether Kinminedy, etc., the said John Grant of Fruquhy binds himself to deliver the letters of reversion to the said John Grant younger and Marie Ogilvie for the purpose of having the lands redeemed, and the said Sir Walter binds himself to pay the 10,000 merks remaining of the £10,000 to the said John Grant younger for that purpose, 5000 merks before Martinmas 1615, and the other 5000 before Martinmas 1616, in the parish kirk of Keith, under the penalty of £1000. Which sum of tocher the said Marie Ogilvie and John Grant younger accept in full payment and contentation of her right and title of the lands of Blairshinnoche, in the lordship of Forest of Boyne and shire of Banff, disponed to her by her father under reversion redeemable by himself for payment of and by his heirs for the payment of 10,000 merks, and which lands the said Marie and John Grant younger, with consent foresaid, grant to be lawfully redeemed and outquit from her and her foresaids, and renounce the same with all right she might claim to the said lands ; and in consideration of the benefit of the foresaid sum, the said Marie and John Grant younger, with advice foresaid, exoner and discharge the said Sir Walter, his heirs, executors, and assignees, of all goods, gear, and others that she might claim through decease of the said Sir Walter, her father. Further, the said John Grant of Fruquhy obliges himself to warrant the teindsheaves of the foresaid lands, principal and warrandice. And it is agreed that if there be no heirs-male of the marriage, the said John Grant of Fruquhy and the heirs succeeding to him shall pay to the eldest heir-female £10,000 Scots, and to every one of the rest £5000 Scots, as provision for their marriages, providing they married with consent of the said Sir Walter and John Grant of Fruquhy and their heirs. Dated at Elgin, 11th December 1613, and subscribed, " Valtir Ogilby of Fyndlatir." "Jhone Grant off Frewquhy." "Jhone Grant, apparand of Frewquhy." "Marie Ogiluie." "Walter Ogiluy." "A. Abercrumby of Birkinboge." " P. Forbes of Coirse, witnes ;" " Patrick Grant of BalnadaUache, vitnes," etc. 334. Extract Submission and Decreet Arbitral proceeding on and narrating a sub mission, dated on 16th August 1610, in favour of William Sutherland of Duffus and Mr. James Grant of Edinweillie, as judges-arbitrators chosen by John Grant of Freuquhy, for himself, and taking burden upon him for his whole kin, friends, men, tenants, and dependers, for whom he was obliged by the laws, acts of parliament, and general band, and John Grant of Glenmoristoun, for himself, and taking burden upon him for his men, tenants, servants, and dependers, on the one part ; Patrick Dunbar of Conzie, and George Douglas, minister at Cullane, as judges-arbitrators chosen by William Leslie, eldest son of the Lite Robert Leslie of Ardcamnie, for 416 ABSTRACT OF GRANT [1614. himself, and taking burden on him for Marjorie Anderson, and his brother and sisters, executors of the late Robert Leslie, on the other part; and Alexander Bishop of Moray, and Sir Walter Ogilbie of Findlatour, knight, as oddroen and overs- men chosen by both parties, to decide regarding certain debateable matters, what goods, gear, nolt, sheep, etc., the said William Leslie, his mother, brother, and sisters, bairns and executors of the said Robert Leslie, could claim from John Grant of Glenmoristoun, his men, etc., who, as alleged, spoiled such goods, and regarding blood-drawing of the said William, committed, as alleged, by Duncan Grant of Thombreachie and his complices, for whom John Grant of Freuchie takes burden, and the satisfaction to be made therfor. The said judges accepting the office, appointed the 1 6th day of August for a meeting in Edinburgh, and agreed to pronounce their decreet before the 10th December next, and, in case of variance, before the last of February 1611. And John Grant of Freuchie, and John Grant of Glenmoristoun, consented that William Dumbrek of Vrtane, or other witnesses, should be received to testify as to the confession of the late James Oig Grant, or any of his servants, concerning the matter; and John Grant of Freuquhy bound himself to cause the said John Grant of Glenormistoun obtemper the judges' decision. The decreet- arbitral, which was pronounced by the Bishop of Moray and Sir Walter Ogilvie, as oversmen, further narrates that a meeting was held in Edinburgh, 16th August, that the judges could not agree, and therefore the oversmen accordingly, in terms of the submission, pronounced decree to the effect following : Declaring the said William Leslie to have right to the goods and gear of his deceased father, Robert Leslie, unlawfully " spuilzeit " from him, his mother, etc., and intromitted with by the said John Grant of Freuquhy, and John Grant of Glenmoristoun, their men, tenants, and servants, from the said Robert Leslie in his lifetime, or Marjorie Anderson his relict, or the said William, conform to the decreet obtained by him before the Lords of Session thereanent ; that he has right to all other actions of reif or oppression, and to the sums of money after mentioned ; and ordain the said William to make and give to the said John Grant of Freuquhie and John Grant of Glenmoristoun, their kin, etc., acquittances and discharges for all such goods " spuilzied" and taken away, and of all actions against them therefor ; reserving to Augustine Baxter such action of " spuilzie," reif, or oppression, as he might prosecute by law against any person of the name of Grant, he not being comprehended in this submission ; also ordaining Duncan Grant of Thombreachie to have done wrong in coming, accompanied with his com plices, to make vocation upon any bounds within Rothes, and perturbing the said WilHam Leslie, and therefore ordaining him to relieve John Grant of Freuquhie of the sum of money after mentioned ; and for the blood-drawing the arbiters ordain the said Duncan to come into their presence, and in presence of the said WilHam 1615.] CHARTERS NOT PRINTED. 417 to declare on conscience that neither he nor his complices came on forethought felony, to confess before God that he repented of the wrong, and to promise in all times coming to be the said William's friend, and ask his forgiveness ; and they ordain the said William to accept him in favour, and be reconciled to him and live in peace with him, under a penalty of 1800 merks, to be paid by the breaker of the peace; and ordain the said John Grant of Freuquhie to pay to the said William Leslie the sum of 1800 merks Scots, before Martinmas instant, 1611, under a penalty of 300 merks, in full satisfaction of all " guidis, geir, oxin, ky, hors, meares, scheipe, and vtheris " taken away or intromitted with or " spoilzeit " by any of the name of Grant, or their men, tenants, etc., and ordain John Grant of Glenmoristoun to relieve him of 700 merks, and the said Duncan of 300 more, with expenses. Dated at Elgin, 27th February 1611, and registered in the Commissary Books of Moray, 16th June 1614. 335. Extract Submission and Decreet-Arbitral following. The submission is made by Archibald Earl of Argyll, Lord Campbell, Lome, and Kyntyre, on the one part, and John Grant of Frewchie, for himself, and taking burden on him for all persons of his surname, kin, and friends, contained in a roll delivered by him to Mr. Archibald Prymrois, writer, on the other part, who submit their plea to the decreet-arbitral of David Earl of Scone and the said Archibald Prymrois, as judges-arbitrators chosen by consent of both parties, and of Thomas, Lord of Binning, Secretary to the King, as oddman and oversman anent the trial of the said John Grant of Frewchie's reset of John Dow Roy, son to the late Duncan McDuchan M°Gregour, since the time that he associated himself with the rebels of the Clan Gregour, and his wilful reset of any of the Clan Gregour since they were declared rebels and fugitives, viz., since 1610, or any favour or oversight shown by him or his friends to the Clan Gregour ; what sums he should pay to the said Earl of Argyll if found culpable, and for fines which his friends and tenants contained in the said roll were adjudged to pay, by decreet of the Secret Council, for reset, supply, and intercommuning with the Clan Gregour : and any other action the Earl of Argyll may have against the said John Grant of Frewchie therefor : The judges accept the office of decision, and engage to give their decreet between the date of the submission and the 1 st of March next ; and both parties agree to fulfil the sentence, provided it were given before the 1st of March, and not otherwise. Dated at Edinburgh and Perth, 29th and 31st August 1614. Witnesses, Colin Campbell of Lundie, Sir John Campbell of Calder, James Campbell of Laweris, Duncan Grant, son to the Laird of Grant, and others. The judges and oversman deliver their decreet unanimously, ordaining John Grant of Freuchie, for himself, and in behalf of his friends and tenants contained in the roll beforesaid, viz., John Dow M°Ean vcPatrick, brother to the goodman of Tullochorme, Suine Grant 3 G 418 ABSTRACT OF GRANT [1615. in Cur, Andrew Schaw in Glenchameich, Patrik Og Grant McThomas in Rimoir, John M°Donachie in Garthinebeg, Alexander Murray in Ardclach, Alexander Murray his son, William Gow in Rothimone, WilHam McKindla Condochie in Drum, Archibald Grant, brother to the Laird of Glenmoristoun, Gregor M°Gillespick Grant, alias McGregour, in Tullochryben, Patrik McJokke Grant in Tullache, Robert Grant, brother to the Laird of Grant, John Keir McConald McCondochie M°Gillespick in Vrquhart, and many others, to pay on the date hereof, to the said Archibald Prymrois (the person to whom, with Archibald Campbell of Glencarradill, com mission is given by Act of Privy Council, with consent of the Earl of Argyll and Sir Gideon Murray of Elibank, knight, treasurer-depute, to receive the fines inflicted for reset of the Clan Gregor, the said Archibald Campbell having given a commission to the said Archibald Prymrois to receive the fines in his absence), the sum of 1 6,000 merks Scots, in composition and full satisfaction for all sums wherein the said John Grant of Freuchie and persons named in the roll were fined, for reset or intercom muning with the Clan Gregour ; and thereafter absolve them from all further action by the Earl of Argyll. Dated at Edinburgh, 3d February 1615, and registered in the Books of Secret Council 25th February 1615. 336. Contract of Marriage between John Grant of Freuquhye, and Duncan Grant his son, on the one part, and Muriel Ros, relict of the late Duncan Grant, apparent of Rothiemurchus, on the other part, whereby the said Duncan and Muriel agree to marry ; and the said John Grant of Freuquhie obliges himself to sell and dispone, and set heritably in feu-farm, to the said Duncan his son, and Muriel Ros his future spouse, the survivor, in conjunct-fee, and the heirs-male of their bodies ; whom failing, the heirs-male of the said Duncan's body ; whom failing, to return to the said John, and his heirs-male, the towns and lands of Cantray Downe, Delligramiche, and croft thereof, and lands of Drumtennell, in the barony of Clawalg and sheriffdom of Nairn ; with the superiority of the lands of Clawalg, Delroy, Drummoir, and Easter Wrchill, with power to build mills on the said lands ; and engages to infeft and sease them therein : To be held of the granter, his heirs and successors, Lairds of Grant, in feu-farm and heritage, for yearly payment of £40 Scots, and a duplicand ; and the said John Grant agrees to redeem the lands of Cantray Downe from wadsets due to John Ros of the Holme, and some of the other lands wadset to others, before Whitsunday 1617, till which time the general clause of warrandice is not to apply to these lands ; and discharges the said Duncan and Muriel of the payment of the foresaid £40 for the year 1615 and the rest of their lifetimes; and also lets to them for their life times the davoch lands of Tullochcrubeine, in the lordship of Glenchairnich ; with provisions regarding wadsets affecting the lands. The said Duncan and Muriel bind 1618.] CHARTERS NOT PRINTED. 419 themselves to relieve the said John Grant of Freuquhie of all His Majesty's taxations and impositions affecting the said lands. Dated at Elgin, 4th July 1615. Signed, "D. Grant." "Muriell Ros." Witnesses, David Ros of Balnagown, John Grant of Mulben, David Ros of Pitcalnie, Walter Ros, apparent of Innercharron, and others. 337. Assignation, in form of Contract, between John Grant of Freuchy and Alexander Gordoun, elder of Strathowne, proprietor of the lands and barony of Strauthoune, of which the lands after specified are proper parts and pertinents, and Dame Agnes Sinclair, Countess of Errol, his spouse, narrating that the deceased George Earl of Huntly, Lord Gordoun, Badzenoche, and Straithowne, by virtue of a contract made between him and the deceased John Grant of Freuchie, grandfather of John Grant, now of Freuchie, of the date, at Huntlie, 24th August 1562, and charter following, of date 30th September 1568, gave to the deceased John Grant of Freuchie, whom failing, to the late Duncan Grant of Freuchie, successively in liferent for their life times, the lands of Dalvorir, with the pendicles thereof, viz., Geanlargie, Auchnahayll, and Keppache, and also the lands of Dalnabothe, Auchlony, Innerlochy, Fetterlettir, Wester Innerowrie, Over Campdell, Nether Campdell, Fynrane, Rowane, with the mill and multures, woods and places of woods, and scheillings of Glenawin, and forest of Glenawin, and salmon fishings upon the water of Awyn and Lyn of the same, lying in the lordship of Strathawin and shire of Banff; and the said deceased John Grant of Freuchie was infeft in the same in liferent ; and the said John Grant, now of Freuchie, as his oy and heir-male, is infeft and seized in liferent in the same, by George, now Earl of Huntly, Lord Gordoun and Badzenoche, etc., as his infeftment and sasine of the date 27th March 1586 bears. Wherefore, for the causes under written, the said John Grant of Freuchie assigns, overgives, and transfers to the said Alexander Gordoun of Strathowne, and Dame Sinclair his spouse, and to the heirs, assignees, and succes sors of the said Alexander Gordoun of Strathowne, all and sundry the forenamed lands of Dalvorar, etc., with all right he had thereto, and all writs and titles thereof. Providing that this acceptation of the present renunciation from the Laird of Grant should infer no ratification of his said right, but that it should be lawful to the said Alexander Gordoun, his spouse, and their foresaids, to annul the same as accords of the law; and to pursue the said George Marquis of Huntly, and his heirs, for warrandice of the infeftment of the said lands and barony of Strathoune, made to the said Alexander Gordoun of Strathowne, from the pretended liferent rights made to the said Laird of Grant or his predecessors : The entry to be to the crop of 1611, and the Whitsunday and Martinmas mailis and duties of the said lands, to which the said Alexander Gordoun and Dame Agnes Sinclair are made cessioners : Further, 420 ABSTRACT OF GRANT [1618. the said John Grant of Freuchie ratifies a decreet of removing, obtained by the said Alexander Gordoun of Strathowne, before the Lords of Council and Session, on 22d January 1603, against the said John Grant of Freuchie and his tenants, decerning them to flit and remove from the lands of Borlunbeg, Two Torrences, Auchorachen, and others, in the barony of Strathown, with any other decreets of removing obtained by him against them, together with the decreet of improbation obtained by him before the Lords of Council and Session, dated 6th July 1602, against the said John Grant of Freuchy, of all infeftments and titles made to the said John Grant, or his predecessors, by the said Alexander Gordoun of Straithowne, George Marquis of Huntly, his brother, the late George Earl of Huntly, his father, or the deceased George Earl of Huntly, his grandfather, of the lands, lordship, and barony of Strathowne, or any parts thereof, or any annual rents out of the same, except the particular infeftments produced in the said decreet, in all the points thereof, and renounces all action of reduction thereof, and grants himself to be orderly removed from the said lands, and binds himself and his foresaids not to trouble the said Alexander in peaceable enjoying of the said lands and barony of Strathowne ; and further binds himself and his foresaids that no part of the said six davachs of land above specified, is either set, or by tack rental wadset to the tenants or others, by him or his predecessors, and the tenants to be removable therefrom at Whitsun day next, and to pay the " violent profeitis " the said Alexander might recover of the tenants, if he were debarred by them or any of them from possession of the said lands of Dalworar and others, until he caused the said tenants to remove therefrom : And further, made the said Alexander Gordoun and his foresaids, his assignee to all rights and tacks of teinds which he or his predecessors had acquired of the parishes of Inveravin and Kirkmichael, in so far as they extended to the teinds, both parsonage and vicarage, of the lands and barony of Strathowne, lying within the said two parishes, for payment of 200 merks to Mr. William Clogye and his successors chan cellors of Moray, for the relief of the said John Grant of Freuchy, who paid 400 merks yearly, and to pay the taxation upon remaining teinds pro rata. Reserving the teindsheaves and vicarage of the lands of Tombrakachie, Navie, and some other lands which were wadset to various persons, during the time they remained in wadset, but whenever they should be redeemed by the said Alexander Gordon, he was to have right to the said teinds. With clause of warrandice from the said John Grant's fact or deed ; but not to extend to the lands of Dalvouche of Mekill Innerchabet, sometime possessed by John Grant of Carroun for any right he has or may pretend to the teinds of the said lands. With obligation to deliver rights of the foresaid lands before the 1st November 1612, and to make the tacks of teinds, etc., forthcoming when required, under a penalty of £5000 Scots, etc. And the said 1618.] CHARTERS NOT PRINTED. 421 John Grant discharges and quitclaims all action of spoliation and wrong intro mission competent to him against the said Alexander Gordoun, his spouse, and their tenants of the barony of Strathowne for the said teinds, for any years preceding the date hereof, without prejudice to his action competent to him against the old teind duties, which they were in use to pay, resting owing by them unpaid ; and binds himself to remove and cause Patrick Grant his brother remove himself, his wife, family, and servants, from the lands of Campdell and Rowane, before the last day of May next, and to procure a renunciation from the said Patrick of all right or kindness he had thereto. And forasmuch as the said Alexander Gordoun of Straithdoune, on the 2 2d January 1603, obtained a decreet of removing in foro contradictorio before the Lords of Council and Session against the said John Grant of Freuquhy and his subtenants of the lands of Balnabeg, Toundbrek, Two Torrences, Auchorochen, Glentonaglasce, and Monymoir, charging them to remove therefrom, on which the said Alexander Gordoun had intented action against the said John Grant of Freuquhy and his tenants, for the violent profits thereof since the warning made to them before the feast of Whitsunday 16 — years, whereon the said decreet followed, wherein there are witnesses received and an act of litis contestation made ; therefore, and for the causes above written, the said Alexander Gordoune of Straithowne, and Dame Agnes Sinclair his spouse, with consent of Alexander Gordoun. their son and apparent heir, renounce, quitclaim, and discharge the said John Grant of Frewchy and his tenants, and John Gordoun of Carneburro, their cautioner, of the said action of violence, and of the violent profits for all years bygone ; and in like manner discharge the said John Grant of Freuchy, his heirs, executors, or assignees, of a decreet recovered by the said Alexander Gordoun against the said John Grant, for " intertinement and keiping " of the woods of Glennawin pertaining to the said Alexander, and against William Master of Tullibardine his cautioner, and of the action of spuilzie depending at the said Alexander's instance against the said John Grant of Freuchy, for wrongous cutting and spuilzieing the said woods ; which discharge the said Alexander Gordoun and his son bind them selves to warrant : and both parties mutually discharge each other of all actions and contraventions, breaches of lawburrows, etc. Dated at Edinburgh, 24th March 1612, and registered in the Books of Council 17 th February 1618. 338. Disposition in form of Contract, between William Earl of TuUibardin, Lord Murray, etc., for himself, and for any right he had to the lands underwritten, and taking burden upon him for Dame Dorathie Stewart his spouse, Dame Marie, Mistress Jean, and Mistress Anna Stewart, the four daughters and heirs of line of the deceased John Earl of Athole, Lord Balvany, who deceased at Perth, and their spouses, for their 422 ABSTRACT OF GRANT [1618. interest, on the one part, and John Grant of Frewquhy on the other part, whereby the said William Earl of TuUibardin, for the sum of 2000 merks, sells to the said John Grant, his heirs-male and assignees, without reversion, the town and lands of Clavalligis, and also the lands of Dalcroy, Drummoir, and Drumtennell, extending in whole to three ploughs of land of old extent, in the barony of Clovalge and shire of Nairn, and engages to infeft him therein, and to that effect cause the said Dame Dorathie, Dame Marie, Mistress Jean, and Mistress Anna, to be duly retoured and seised as nearest heirs to their predecessors who died last vest and seised as of fee therein, and immediately thereafter cause them to infeft and seise the said John Grant of Frewquhy in the said lands of Dalcroy, Drummoir, and Drumtennell, to be held of the King and his successors in fee and heritage : He also binds himself and his heirs in warrandice to repay the 2000 merks within 60 days after eviction, in case it should happen that the said John Grant of Frewquhy should be evicted from the same by process of law, provided the said John Grant and his foresaids made intimation of the summons and action intented against him. And forasmuch as Mr. James Carstairis, servitor to Mr. Thomas Houp, advocate, was donator by gift of the King under his Privy Seal, dated 3d August 1614, to him, his heirs and assignees, of the ward and non-entry of all and whole the said lands of Clovalge, whereof the lands above-mentioned are proper parts and pertinents, for all years bygone that they had been in the King's hands since the decease of the said John Earl of Athole, who deceased at Perth in the year 1595, and of all years to come till the entry of the righteous heir, and he, the said donator, by special letters of assignation, dated 13th August 1616, having made the said William Earl of TuUibardin, his heirs and assignees, his lawful cessioners and assignees to the fore said gift of ward and non-entry, the said Earl now sells, and assigns the gift of ward and non-entry to the said John Grant of Frewquhy, his heirs and assignees, in so far as the same extends to the said lands of Dalcroy, Drummoir, and Drumten nell and Clavalge, extending as said is, and also to a summons and action of declarator raised upon the foresaid gift ; and binds himself to deliver the charters and other writs of the lands to the said John Grant of Frewquhy, upon an inventory subscribed by both parties, so that they might be forthcoming in defence of any action that might be pursued for eviction of the same. Dated at Edinburgh, 21st Marcii 1618. Subscribed, " Tullibardine." " Jhone Grant of Frewquhy." Witnesses, James Grant of Logie, and others. 339. Copy of Letters of Charge under the Signet, narrating that the Lords Commissioners of Parliament, appointed by the King and Estates for plantation of kirks, by a decreet dated the 7th July 1618, after consideration and trial of the cure of the two kirks 1619.] CHARTERS NOT PRINTED. 423 of Cromdell and Inverallan, in the diocese of Moray, of which Mr. David Dick is present minister, and the worth of the teinds of the parishes, found it was necessary that the two kirks should be united, and accordingly so united the two kirks and parishes of Cromdell and Inverallan into a conjunct parish, the same to be served by one minister in all time thereafter; and modified to him the sum of 520 merks as stipend out of the teinds, to be paid by John Grant of Frewchie, tacksman of the teinds, or other intromitters with the same, beginning the first year's stipend with the year and crop 1618 : The messenger is therefore directed to charge the said John Grant of Frewchie, tacksman of the teinds of the two parishes, his heirs and others, successors in his tack, or others intromitting therewith, to pay to the said Mr. David Dick, minister at the said kirks, the said stipend for the crop and year of God 1618, and yearly thereafter, conform to the said decreet, under pain of rebellion and putting to the horn. Given under the Signet, at Edinburgh, 7th July 1618. Per decretum dominorum commissionariorum, 16th July 1619. 340. Disposition by John Earl of Rothes, Lord Leslie, etc., whereby, with consent of Alexander Earl Dunfermline, Lord Fyvie aud Wrquhart, Great Chancellor of Scot land, for all right he had or might pretend to the ward, relief, and non-entry of the earldom of Rothes, of which the lands underwritten are parts and pendicles, and consent of his friends and curators, he, for certain sums of money paid to him by John Grant of Frewchie, gives and dispones to the said John Grant, his heirs and assignees, the ward, relief, and non-entry, mailis, fermes, etc., of the lands of Muldaries, lands of Wester Muldaries, Boigbend, in the earldom of Rothes and shire of Elgin and Forres, together with the ward and relief only of the lands of Little Balnabrock ; all held of the Earl, for all years they had been in ward and non-entry since the decease of James Master of Rothes, the Earl's brother, or any other predecessor of the Earl, heritable tenants to the King, and of all years to come, until the Earl's coming to his perfect age of twenty-one years : to be held of the granter and his heirs-male and successors; and the said Alexander Earl of Dunfermline discharges the decreet of removing obtained at his instance against the said John Grant of Freuchie, and other tenants of the said lands, violent profits thereof, etc. Dated at Edinburgh, 9th January 1619. Subscribed by Rothes, Dunfermeline, Perthe, Wintoun, and Mar. 341. Bond by Sir John Grant of Mulben, knight, whereby, " considering the great trawellis and paineis bestowit and wairit" by his father, John Grant of Freuquhie, anent acquiring in wadset from the late Sir Lachlane MTntosche of Torchastell, knight, the lands of Glenloy, Loeharkeig, Glenspean, and Glenroy, in the lordship of Lochaber 424 ABSTRACT OF GRANT [1622. and sheriffdom of Inverness, and how necessary and profitable the acquiring of the same was to the standing and weal of the house of Freuquhie and Makintosche, and to the " forderance of our kin and freindis of the nameis and kin of Grantis and Clan- chattane," and how unprofitable the disposition thereof would be, he binds himself not to sell, dispone, or put away the foresaid lands, make assignation or resignation thereof, nor set the same or any part for a longer tack than three years, in prejudice of William MTntosche of Torchastell, heritor of the said lands, without the special advice and express consent of James Master of Deskford, Mr. James Grant of Logye, Sir Rorie Mackeinzie of Coygache, knight, and Patrick Grant of Balnadalloche, all agreeing in one voice, had and obtained thereto ; and in like manner his father having purchased for him, his heirs and assignees, a gift of the ward and non-entry of all lands and annualrents which pertained to Sir Lachlan Makintosche of Tor chastell, knight, held of His Majesty by service of ward and relief, together with the marriage of William Makintosche, apparent heir of the said deceased Sir Lachlane, and failing of him unmarried, of the nearest heir or heirs that should succeed to the said deceased Sir Lachlan, considering the proximity of blood between him, the said Sir John Grant of Mulben, and the said William MTntosche and his brothers, his sister's sons, and how careful his father had always been for the weal of the said deceased Sir Lachlan and standing of his house, and willing to imitate his conduct therein, therefore Sir John binds himself to use the said ward and marriage by the advice foresaid, and not sell or assign the same in prejudice of the said William and his heirs, without the special advice and consent of the said persons, and to exact no further sum for the same than the said friends should advise and consent to. With provision that if the said William or his heirs should misbehave themselves or break duty to Sir John, or impugn or quarrel any deed done or to be done by Sir John or by his father for the said William, or in his adoes, this present obligation shall become null so far as the same may be extended in favour of the said William or his foresaid, but that to his friends shall stand and continue in force. With clause of registration in the Books of Council and Session. Dated at Freuquhye, 27th August 1622. Signed, S. J. Grant, and witnessed by James Grant of Logie, Patrick Grant of Elchies, and others. 342. Contract made between Sir John Grant of Fraquhye on the one part, and Allan Makrenalt, apparent of Lundie in Glengarrie, for himself, and taking the burden upon him for Renalt Makallane of Lundie, his father, that the said Renalt shall ratify and allow this present contract and disposition, and also the said Allan, with consent and advice of Donald M° Allane vic Renalt, his eldest son and apparent heir, and the said Donald Mc Allane for his own interest, with consent of the said Allan, his father, and 1622.] CHARTERS NOT PRINTED. 425 the said Allane and Donald his son, with one consent and assent, on the other part: Narrating that the said Renalt Mc Allane of Lundie and the said Allan, his son, have certain woods pertaining to them in heritage, " growand and standand wpone their landis of Killeismorarche, Kilnamuk, Swordelane, Arethomechanane, and Brakegarrowneintoir," outsets, shealings, and grazings thereof, in the country of Morar, lairdship of Glengarrie and shire of Inverness, "quhilkis ar altogidder wnprofitabill to thame, and quhairof they neuer hawe reapit nor can reap or get anie commoditie, in respect they lye in the far and barbarous Hielandis, circuite and invironit about with euill neychtbouris, quha continewallie cuttis, destroyis, and takis away the samen in great quantitie, but the consent and guidwill of the said Renalt and Allane," so that the care and keeping thereof breed them not only great expense and charges, "bot also euill will, hatrent, and deidlie feid," nor would any merchants hazard to come and buy the same upon their warrandice, for fear of their lives ; for remedy whereof, and to make the woods profitable to the said Renalt and Allan, and that merchants might have free access to the woods to buy and transport the same, the said Allan, for himself, with consent of Donald his son, and taking burden on him for Renalt, his father, that he shall ratify the contract, and the said Donald, with consent of his father, hereby bind and oblige themselves to sell and dispone, and by the tenor of this contract sell and dispone to the said Sir John Grant of Freuquhye, knight, his heirs, assignees, and successors, or any person he or they shall sell the same to, all and sundry the woods and bushes pertaining to the said Renalt and Allan, upon the foresaid lands of Killismorarache, etc., and all the growing trees, fallen timber, old wood, and young growth within the said woods and lands, with the whole bark, roots, and boughs thereof, to be dealt with, cut, sold, and transported by the said Sir John and his foresaids at his and their pleasures ; providing also that it should be lawful to the said Sir John and his foresaids, and their servants and others in their names, to enter and intromit with the said woods, and sell and dispone them, etc., without action or deed of wrong to result thereon, against which the said Allan and Donald Mc Allane give their warrandice, and also bind themselves to warrant and defend this disposition, to the said Sir John and his foresaids ; that the said Renalt Mc Allane of Lundie, his heirs and successors, shall ratify the same ; and that the said Sir John and his foresaids, their merchants and servants, and all such persons as the said Sir John or his foresaids should sell the same to, should live in peace and rest during the time and tack underwritten appointed for cutting thereof and transporting the same, and be unharmed in their bodies, goods, and gear by the said Allan, Donald his son, their foresaids and all others, but should be assisted and helped in all things necessary that they could furnish for their support. And to the effect the said Sir John and his 3 H 426 ABSTRACT OF GRANT [1622. foresaids may the better sell, and make use of the woods and timber, the said Allan and Donald his son, hereby set and in tack let to the said Sir John and his foresaids the ground and place whereon the said woods grow, and all the bounds within the said woods " nocht manurit," grass and pertinents thereof, for the space of thirty-one years, or for longer space, as the same shall be in cutting and transporting only, the entry to be at Whitsunday next, 1623; reserving liberty of pasturage and grazing to the said Allan and Donald, their tenants and occupiers of the lands, according to use and wont, with provision that the tack should expire, if the woods were cut and transported before the thirty-one years were outrun : Also the said Allan and Donald warranting this disposition and letter of tack to be free of any duty or exaction for the space above expressed. For which disposition and others above expressed, the said Sir John Grant hereby binds himself, his heirs and successors, etc., to pay to the said Allan and his foresaids " the tua part " of all such sums of money as the said Sir John should receive for the said woods, at such times as he should receive them, and this upon his honour and credit ; and if Sir John or his foresaids happen to sell the woods to any merchants, the said Allan and Donald shall make security to them thereof, and set a tack, according to the meaning of the present tack, for the same space or longer, as the merchant should crave. With clause of registration. Dated at Freuquhye, 6th October 1622 ; witnessed by Patrick Grant of Balnadallache, Patrick Grant of Elcheis, James Grant his son and apparent heir, Robert Grant of Lurg, Patrick Gibsone of Sheriffmill, and David Dick, minister at Cromdale. Sub scribed, " S. J. Grant," " Allane McRannalt, apperand of Lundie abone-writtin, with my hand at the pen led be the notaris wndersubscryueand at my command, be me speciallie requerit heirto becaus I can nocht writt ;" certified by John Donaldsone and Robert Moir, notaries. 343. Letters of Gift by King James the Sixth, under his Privy Seal, whereby he gives to Sir John Grant of Mulbane, knight, his heirs and assignees, the escheat of all goods, movable and immovable, debts, tacks, steadings, jewels, gold, silver, etc., and all other escheatable goods pertaining before to Allane McRanald of Lundie in Glengarrie, and fallen into the King's hands by reason of escheat through the said Allan's being, on the 28th June last, orderly denounced rebel, and put to the horn by virtue of letters raised against him at the instance of John McKenzie, archdean of Ros, for himself, and as master, with the remaining kin and friends of the late Alexander McCaye, John McCay, Donald McCay his son, Alexander Gald and tenants and servants to the said Mr. John of his town and lands of Kilchriste, and also at the instance of Sir William Oliphant of Newtoun, knight, the King's advocate, for the King's interest, for not finding 1622.] CHARTERS NOT PRINTED. 427 sufficient surety to the justice-clerk and his deputes acted in the Books of Adjournal, " That he sould compeir befoir our Justice and his deputtis, and vnderly the lawis for the tressonable and wilfull raissing of fyre and cruellie and vnmercifullie murder ing and slaying of the said vmquhUe Alexander McCaye, vmquhile Johne and vmquhile Donald McCayis, and Alexander Gald, and tennentis to the said Mr. John McKenzie of the said toun and landis of Gilchriste, burning and distroying of the number of tuentie-sevin duelling-houssis within the said toun, with the barnes, byres, and killis belanging therto, and burning and distroying of the said Mr. Johne his haill librarie and buikes ; togidder with tuentie scoir bollis aittis and aucht scoir bollis beir being in the said Mr. Johne his barne and barnezaird, and thiftwuslie stealling and away taking of nyne peace of hors with the said Mr. Johne his awin best hors, thriescoir ten oxin and ky, and that in the monethe of September, the zeir of God jmvjc and thrie yeiris, the tyme of the feid than standing betuix vmquhUe Kenneth Lord Kintaill and Donald Mc Angus of Glen- garie," as the letters of homing, etc., more fully narrate : To be held by the said Sir John Grant, his heirs and assignees ; with power to intromit with the said escheat goods, and occupy the tacks and steadings with their own proper goods. Dated at Edinburgh, 7th December 1622. 344. Bond by Sir John Grant of Freuquhy, knight, narrating that whereas the late John Grant of Freuquhy, his father, infeft and seised John Grant of Glenmorestoun, his heirs and assignees, heritably, in the forest of Clunie and Glenloyne, pertaining to the said Sir John in heritage, with the houses and grazings thereof, in the shire of Inverness, under reversion, containing the sum of 1000 merks Scots, together with a fifteen years' lease of the same, after the redemption thereof, for a yearly payment of £40 every year of seven years of the lease, and £80 every year of the remaining eight years; therefore, and for certain good reasons, the said Sir John binds himself, his heirs and successors, with all convenient diligence, to cause the said John Grant of Glenmoreistoun denude himself, his heirs and assignees, with Sir John's consent, in favour of Colin Lord Kintail of the right of that part of the forest of Clunie possessed by the said Colin now Lord Kintail, the deceased Kenneth Lord KintaU his father, the deceased Colin M°Kenzie his grandfather, and their prede cessors, tenants, and servants ; and that the said John Grant of Glenmoreiston, with his consent, shall infeft the said Colin, his heirs-male and assignees, heritably therein, to be held from the said John Grant of Glenmoreiston, of the said Sir John and his heirs, immediate lawful superiors thereof; which infeftment Sir John binds himself to confirm, and cause the said John Grant make the said Colin Lord Kintail, etc., his assignees to the foresaid lease ; and Sir John binds himself to make at the expiry 428 ABSTRACT OF GRANT [1622. of the fifteen years a further lease of the said forest of Clunie, possessed by the said Lord Kintail and his predecessors, for five years for the yearly payment of £80 : Providing that at the granting of the said disposition and assignation to be obtained from the said John Grant of Glenmoreiston, the said Colin McKenzie and his fore saids shall content and pay to Sir John and his foresaids the sum of 1000 merks Scots, in respect of the disposition and assignation Sir John had undertaken to pro cure from the said John Grant of Glenmoreiston upon his own expenses, and provid ing also that the said Colin grant letters of reversion at the time of his infeftment therein for redemption of the same by payment of the said sum of 1000 merks, delivery of the fifteen years' lease, and of the five years' lease, or consignation of the same in the hands of the provost and bailies of Inverness for redemption thereof suspending the said redemption for the space of one year next after Whitsunday next to come. In case the said Sir John failed in procuring the disposition and assigna tion abovementioned from the said John Grant of Glenmoreistoun, the said Sir John binds himself and his foresaids to redeem and loose the said forest of Clunie and Glenloyne, and obtain the said John Grant's renunciation thereof, or decreet and declarator of redemption of the same, which redemption should be at the term of Whitsunday next, and then to dispone the said forest to Lord Kintail, his heirs- male and assignees, and infeft them therein by charter of alienation titulo oneroso, to be held of the granter and his heirs in free-blench for payment of one penny at Whitsunday, if asked only, reserving to the said John Grant of Glenmoreistoun and his foresaids the forest of Clunie during the said space of fifteen years after Whit sunday next, for yearly payments of the duties above specified, to which duties Sir John engages himself to make Lord Kintail and his foresaids cessioners and assignees. Redeemable always for payment of 3000 merks in the parish kirk of Inverness, at any feast of Whitsunday, upon premonition of forty days, or consig nation thereof in the hands of the provost or any of the bailies of Inverness; suspending all redemption of the said whole forest of Clunie and Glenloyne for the space of fifty-three years next after the feast of Whitsunday next to come : Providing the said Lord Kintail and his foresaids pay for the said wadset the sum of 1000 merks before Whitsunday next to the said Sir John and his foresaids, and at the issue of the said fifteen years other 2000 merks, thereby completing the sum of 3000 merks to be contained in the reversion. With clause of registration. Subscribed at Edin burgh, 21st December 1622, before Sir George Hay of Kinfauns, knight, chancellor of Scotland, Mr. Alexander Mackenzie of Culkowie, and others. Signed, S. J. Grant. 345. Extract Registered Contract between Alexander Lord of Spynie, for himself, as son and heir of the deceased Alexander Lord of Spynie his father, and Sir John 1622.] CHARTERS NOT PRINTED. 429 Grant of Freuchie, knight, the preamble of which is that His Majesty, by charter under the great seal, dated at Halyruidhouse, 17th April 1593, gave to the deceased Alexander Lord of Spynie, and the late Dame Jeane Lyon, Countess of Angus, his spouse, in conjunct-fee, and their heirs-male specified therein, the advocation, donation, and right of patronage of the kirks of Kirkmichael, Inverawin, Knockando, Urquhart, and Glenmoriestoun, pertaining of old to the sub-chantry of Murray, and of the parish kirks of Cromdale, Advie, Kincardine, Duthell, Laggan, and Alloway, personage and vicarage thereof, in the diocese of Murray, and divers other kirks, all united to the lordship and barony of Spynie, to be held of His Majesty ; and also by another charter to the same late Lord Spynie, dated penult February 1606, the said patronages were united to the lands of Burnside, in the shire of Forfar, etc., with other rights, in all of which the said Alexander, now Lord of Spynie, has been duly infeft : And now in consideration of certain great sums of money paid to him by Sir John Grant of Freuchie, knight, the said Lord of Spynie sells and dispones to Sir John, his heirs-male and assignees, without reversion, the advocation, donation, and right of patronage of the parish kirks of Cromdale, Advy, Abernethy, Kincardine, and Duthel, parsonages and vicarages thereof, and all right and title which he or his heirs, as patrons of the chancellary and sub-chantry of Murray, and of the kirks of Laggan and Alloway, had or may claim to the kirks of Knockando, Urquhart, and Glenmoreistoun, which are parts and pertinents of the patrimony of the said chancel lary of Murray, to the kirk of Ardclaith, which is part of the patrimony of the sub-chantry, or to the kirk lands, teinds, etc., of the said kirks, or to the teinds, parsonage and vicarage, of the 26 ploughs of land in the parish of Inverawin following, viz., 4 ploughs of land of the lands of Ballindalloch, 4 ploughs of the lands of Tullo- charron, etc., extending in all to 22 ploughs of land, pertaining to Patrick Grant of Ballindalloch ; 3 ploughs of Kinmachlon pertaining to John Stewart of Kin machlon, and 1 plough of Culquheich pertaining to Patrick Grant of Carne, or to the teinds of the 4 ploughs of Mekill Innerchebett pertaining to the said Patrick Grant, in the parish of Kirkmichael, etc. Reserving to the said Alexander Lord of Spynie, his heirs and assignees, the teind sheaves and other teinds of the lands of Kilmanie and others, pertaining to Hucheon Rose of Kilravock, and James Cuming of Altyre, in the parish of Ardclaithe, with the vicarage teinds of the whole parish of Ardclaithe; and because the said kirks of Knokando, Urquhart, and Glenmoriestoun are part and pertinent of the chancellary of Murray, and the kirk of Ardclaith is a part of the patrimony of the sub-chantry of Murray, and the patronage thereof cannot presently be divided from the patronage of the other kirks above mentioned, pertaining to the chancellary and sub-chantry, of Murray, the said Lord Spynie binds himself to make due resignation of the 430 ABSTRACT OF GRANT [1622. advocation, donation, and right of patronage of the said chancellary of Murray, comprehending the said kirks of Kirkmichael, Innerawin, Knockando, Urquhart, and Glenmoreistoun, and of the sub-chantry, comprehending the kirks of Rafforth and Ardclaith, and the foresaid parish churches of Cromdale, Advy, Abernethy, Kincardin, and Duthel, parsonages and vicarages of the same, in the hands of the King or his successors, or His Majesty's Commissioners, for new infeftment to be granted to the said Alexander Lord of Spynie and Sir John Grant of Freuquhy, their heirs and assignees, heritably, alternatis vicibus, of the foresaid advocation, donation, and right of patronage of the said benefice of the sub-chantry of Murray, comprehending the said kirks of Rafforth and Ardclaith, Lord Spynie to have right to the patronage the first time, and the said Sir John Grant and his foresaids the second time, and so forth under certain conditions, and also for new infeftment to the said Sir John Grant of Freuchie, knight, his beirs-male and assignees, heritably, of the advocation, donation, and right of patronage of the benefice of the said chancellary of Murray, comprehending the said kirks of Kirkmichael, Innerawin, Knockando, Urquhart, and Glenmoreistoun, and of the parish kirks of Cromdale, Advy, Abernethy, Kincardin, and Duthel, parsonages and vicarages thereof, also under certain conditions. With procuratory of resignation. And to the effect that Lord Spynie may peaceably enjoy the teindsheaves and other teinds, parsonage and vicarage, of the said lands of Kilmanie, Daltullie, and others in the parish of Ardclaith, with the whole vicarage teinds of the parish of Ardclaith; the kirklands, teindsheaves, and other teinds, parsonage and vicarage, of all lands in the parishes of Rafforth, Kirkmichael, and Innerawin (except the foresaid 26 ploughs of land in Innerawin, and the foresaid 4 ploughs in the parish of Kirkmichael), and that Sir John and his foresaids may enjoy the kirklands and whole teindsheaves, and other teinds, parsonage and vicarage, of lands in the parish of Ardclaith (except the teindsheaves, and other teinds, parsonage and vicarage, of the foresaid lands of Kilmanie, etc., and vicarage teinds of the whole parish of Ardclaith), it is specially agreed that the said Alexander Lord Spynie, his heirs-male and successors in the right of patronage of the said sub- chantry of Murray, shall be held, and he hereby binds himself to give consent to all tacks and rights acquired or to be acquired by the said Sir John and his foresaids of the kirklands, teindsheaves, and other teinds of the parish of Ardclaith (except as above excepted), and to admit no person to the benefice of the subchantry without sufficient security that he would ratify such rights, and lend his name to impugn any rights granted to other persons, etc. And Sir John binds himself, his heirs and his successors in the right of patronage of the said Chancellary of Murray, to give consent to all tacks and other rights acquired or to be acquired by the said Alexander Lord Spynie, or his foresaids, of the kirklands, teinds, and others after mentioned, viz., the teinds, 1623.] CHARTERS NOT PRINTED. 431 parsonage and vicarage, of the lands of Kilmanie, etc., in the parish of Ardclaith, with vicarage teinds of the parish, the kirklands, teindsheaves and other teinds, parsonage and vicarage, of all lands in the parishes of Rafforth and Innerawin, and Kirkmichael (except the 26 ploughs and 4 ploughs before excepted), and in like manner binds himself not to present any person to the Chancellary of Murray without sufficient security that he would ratify such tacks, etc. With obligation by Lord Spynie to consent, as patron of the kirks of Laggan and Alloway, to all leases and rights of the teinds acquired or to be acquired by Sir John Grant and his foresaids, of the davoch of land called Laggan, in the parish of Laggan, extending to 4 ploughs, and half davoch called Delfour, in the parish of Alloway, and not to present any person to the kirks of Laggan or Alloway, but such as would ratify such rights, etc. Dated at Halyrudhouse, 24th December 1622, and registered in the Books of Council, 3d April 1624. 346. Extract Registered Contract made between Sir John Grant of Frewquhie, knight, for himself, and taking burden upon him for William McIntosch of Torchastell, knight, on the one part, and Allane Cameroune of Lochyeill and John Cameroune, apparent thereof, his eldest son and apparent heir, as principals, Sir Rorie Makcleod of Hereis, knight, Sir Dougall Campbell of Auchinbrek, knight, Duncan Campbell, fiar of Auchinbrek, his son, Mr. Donald Campbell of Parbrek Lochaw, and Allane Macklean of Ardgour, as cautioners and sureties, conjunctly and severally, for the said Allan Cameroune of Lochyeill and John Cameroune his son, on the other part, as foUows, viz., the said Sir John hereby binds himself, his heirs and assignees succeeding to him in the right of the lands of Glenloy and Locharkag, to lease, and hereby leases to the said John Cameron, apparent of Lochyeill, his heirs, assignees, and subtenants of no higher degree and estate than himself, for the space of ten years, the lands of Glenloy and Locharkag, with mills, fishings, and grazings thereof, which pertained to the deceased Sir Lauchlane McIntoscbe of Torchastell in heritage, lying in the lordship of Lochaber and shire of Inverness, his entry being at the term of Whit sunday last in the year 1623, with power of bailierie, and to input and output tenants, uplift herezelds, etc., the said lands to be held of the said Sir John Grant, knight, and his foresaids ; reserving to the said Sir John and his foresaids the whole woods, timber and trees, growing and standing upon the said lands, which are excluded from the present lease. The said John Cameron accepts the said lands in lease with and under the foresaid reservation. The said Allan Cameroune of Lochyeill and John his son, as principals, and the persons above named as cautioners, also bind themselves, their heirs, successors, etc., to pay yearly to the said Sir John and his foresaids, within the place of Ballachastill at the feast of Martinmas in winter, the sum of 1200 merks Scots, 432 ABSTRACT OF GRANT [1623. to relieve him and them of all taxations imposed on the said lands, and to warrant and relieve the same at the hands of the authority royal of all peril, danger, and inconvenient that may fall upon the said Sir John or his foresaids, or with which he or they may be challenged as master and landlord to the said John Cameroune and his foresaids of the said lands for any fact or deed to be done by them in time coming only; with clause of warrandice of the said lease, Sir John engaging to keep the lands " frie, saiffe, and sure at all handis contrair and aganis all deidlie as law will " to the said John Cameroune and his foresaids ; and the said Allan and John oblige themselves to pay to the said Sir John and his foresaids the bygone taxations of the said lands for the two last terms of the great taxation of £400,000. And as the said deceased Sir Lauchlane Mackintosche of Torchastell, knight, as oy and heir of the deceased Lauchlane MTntosche of Dunnachten, his grandfather, was resting owing to the said Allan Cameroune of Lochyeill the sum of 6000 merks Scots, as contained in a minute accorded and subscribed by the parties, Sir John Grant binds himself and his foresaids to cause and move the said William Makintosche, on attaining to his perfect age of twenty-one years complete, either to pay to the said Allan Cameroune, and failing him, to the said John Cameroune his son, and his heirs and assignees, the foresaid sum of 6000 merks, or secure them therefor by bond or cautionry, or by sufficient infeftment in the half of the said lands of Glenloy and Locharkag, conform to the contract already agreed upon between the said deceased Sir Lauchlane Makintosche of Torchastel, knight, and the said Allan, and failing thereof, the said Sir John Grant as principal, with others as sureties, hereby binds himself, his heirs, etc., to pay the said sum of 6000 merks, or secure the said Allan, whom failing, his son John, etc., in a part of the said Sir John's own lands therefor, corresponding to the said sum, they making Sir John and his foresaids their assignees to the contract and rights made by the said deceased Lauchlan M°Intosche of Dunnachten, and Sir Lauchlan, on the said sum and rights of the said lands for the same ; and in the meantime, till the complete age of the said WiUiam M°Intosche, and during the time of the said lease, Sir John Grant agrees to deduct yearly from the said sum of 1200 merks yearly duty above mentioned, and hereby discharges the sum of 600 merks for the annual rent of the foresaid principal sum of 6000 merks, so that the yearly duty of the said lands is restricted to 600 merks only, beginning the first year's payment at Martinmas 1623, under a penalty of £100 Scots for each year's failure. And because Sir John Grant, for relieving the said William McIntosche of the great burden of debts and sums of money wherein his lands were engaged, was to sell and dispone the foresaid woods of Glenloy and Locharkag, the said Allan Cameroun of Lochyeill, and John his son, as principals, for their interest, engage to give their advice and consent to the 1623.] CHARTERS NOT PRINTED. 433 selling of the said whole woods, timber, and trees on the said lands, and become con joint sellers of the same with the said Sir John and his foresaids, and they and their cautioners bind themselves to maintain, assist, and defend "the persones, byaris, cuttaris, and transporteris " of the said woods, and that they, their wives, bairns, families, and servants, should be safe, secure, and free in their bodies, lands, goods, and geir, from all harm, danger, or skaith to be done to them during the cutting and transporting of the said woods, and be free from all invasion or trouble from the said Allan and John, their bairns, servants, assisters, and dependants, "and haill kyn and name of Clanchamron dwelling within the boundis of Lochabber, and Hielandis and Yles adjacent therto," as long as the said Allan and his son and their foresaids should continue tenants of the said lands either to Sir John or to McIntosche ; and in case any other person molest or injure the said merchants, and cutters and transporters of the said woods, and the Laird of Grant or MTntosche get law against them, the said Allan, his son and their foresaids, engage to prosecute the law against the said persons and put it to full execution, and further be bound to defend the said merchants, cutters, and transporters " fra all vther forraine peopill," as Lords Lovat or Kintail are bound to their merchants that bought their woods; and in the meantime to preserve the said woods, the tenants taking only for necessary uses : And for further ease and help to the merchants, the said John Cameroune obliges himself to set the two towns and lands of Kailzeros and Auchnacarrie to the merchants that should buy the said woods, for the time of cutting the woods, for yearly payment of the duties, according to the custom of the country. And Sir John Grant, for the said Allan and John's maintaining and defending of the said merchants, binds himself and his foresaids to pay the said Allan, whom failing, John his son and his foresaids, the tenth part of what he should receive for the woods when sold. Further, should it please the said William McIntosche, between the twenty-first year of his age and his attaining to the age of twenty-five years complete, to pay to the said Allan and John his son, and his foresaids, the sum of 3500 merks Scots in addition to the foresaid sum of 6000 merks, the said Allan and John as principals, and their foresaid cautioners hereby oblige them and their foresaids that the said Allan, John, and his foresaids shall accept the said sum of 3500 merks, and on payment thereof shall renounce and quitclaim the said lands of Glenloy and Lockarkag, with all right, title, or kindness they had thereto, in favour of the said William MTntosche, his heirs-male and successors, conform to the meaning of the foresaid contract made between the deceased Sir Lauchlan and the said Allan Cameroune and the said Allan, his son and their foresaids, shall then perform all the clauses and conditions of the said contract, so far as they were thereby obliged to the said William, as son and heir of the said Sir Lauchlan, and set and find the cautioners 3 I 434 ABSTRACT OF GRANT [1623. therein nominated to the said William for the indemnity and security of him, his tenants and possessors, of the said lands, in such manner and under such pecunial pains as is contained in the said contract, the said WilHam on his part performing such other conditions to the said Allan his son and their foresaids, as were astricted and obliged by the said late Sir Lauchlan to the said Allan, as are not hereby fulfilled by the said Sir John ; the said William also fulfilling to the said Allan such other heads and conditions as the deceased Sir Lauchlan by another writ or band, of the date of the said contract, was bound to perform to the said Allan and his fore saids, which are not hereby fulfilled by Sir John. And for the better performance by the said Allan Cameroune of Lochyeill, his son John, and their foresaids, of their part of the premises, Sir John Grant of Frewquhie, knight, binds himself and his foresaids to obtain, purchase, and procure, to the said Allan Cameroune, a sufficient remission in due and competent form, for all " faultis, wrangis, injureis, and oppressionis, both criminall and civill," committed by him or in his name against any person or persons preceding the date hereof, and also to relieve the said John Cameroune " furth of this present waird, and put him to libertie out of the Tolbuith of Edinburgh," so that he may pass and repass within the kingdom without any impediment, as His Majesty's free liege ; and the said Allan, as principal, and the foresaid cautioners, bind and oblige themselves hereby, conjunctly and severally, that the said Allan Cameroune shall compear personally before the Lords of Secret Council on the 10th day of July next to come, in the year 1624, and find sufficient sureties acted in the Books of Secret Council, " to the contentment of the said Lords, vnder sic sowmes as they sail appoynt for the said Allane his good behaviour, and for his obedience to law and justice in all tymes coming, according to his rank and estaitt." Finally, the principals engage to keep their cautioners harmless and skaith less of any peril or expense through their cautionry, and agree to the registration of the contract in the Books of Council and Session. Dated at Kilmichael in Glasrie, the 21st September 1623, the body of the deed being written by John Balvaird, notary in Dunkeld, and subscribed day, year, and place foresaid, before witnesses, John M°Cleane, fiar of Coll, Donald Campbell of Auchindrayne, Patrick Camp bell of Stouk, Mr. Dougald Campbell, minister at Kilvichockarmik, Patrick Campbell, son of Donald Campbell of Duntroyne, John Balvaird, notary, and Alex ander Kincaid, notary in Kilmichael; and at Arrois in Mull, the 10th December 1623, to the subscription of the said Sir Rorie M°Cleod, before these witnesses, Hector M°Clane, younger of Dowart, Mr. William M°Cleod, sister's son to the said Sir Rorie, Mr. Alexander Pakok, notary ; and at Garrowabeg, in Badienoche, 20th of April 1624, before these witnesses, Patrick Grant of Ballindalloch, John Grant of Rothemurchus, John Grant of Glenmorestoun, Patrick Grant of Elcheis, 1624.] CHARTERS NOT PRINTED. 435 and John Donaldsone, notary, to the subscription of Sir John Grant of Frewquhie, knight; and at the Cannogaitt, 1st May year foresaid, before these witnesses, William Forrester, burgess of the Cannogaitt, Andrew Foirman and James Gibsone, witnesses to John Cameron's subscription. All the parties sign with their own hands except Allane McLean of Ardgour, whose subscription is attested by John Balvaird and Alexander Kincaid, notaries. Registered at the instance of the pro curators of both parties in the Books of Council, 15th June 1629. 347. Discharge and acquittance by Archibald Prymrois, clerk to the taxations, and Archi bald Campbell, brother-german to Sir James Campbell of Laweris, knight, commis sioners underwritten, narrating that Archibald Earl of Argyll had obtained from the King letters of gift under the Privy Seal, of all sums wherein resetters, sup pliers, and intercommuners with the Clan Gregor should be fined for such reset, and for good respects offered to the King's treasurer for his Highness's use, £22 out of every £100 he should receive of such fines; and that the fines might be duly collected and his Highness's treasurer might know whom to challenge for payment of His Majesty's part, the Lords of Secret Council, with advice of the said Archibald Earl of Argyll and the late Sir Gideon Murray of Elibank, knight, treasurer-depute for the time for his Highness's interest, made choice of the said Archibald Prymrois and Archibald Campbell to uplift all such fines as the Act made thereanent, of date the 22d July 1613, more fully bears; that the late Duncan Grant, younger of Rothiemurcus, was on 19 th May 1613 foresaid, fined in the sum of 2000 merks, " for resetting, supplieing, and intercommowning with the said Clangregour," and the late John Grant of Freuchie became acted and obliged as cautioner for the said Duncan, and Sir John Grant, now of Freuchie, knight, be came acted and obliged as cautioner for his father for payment of the said fine of 2000 merks ; and because the said Sir John Grant of Frewchie, cautioner foresaid, refused to pay the commissioners the said sum, for the King's benefit and that of the Earl of Argyll, therefore John Earl of Mar, His Majesty's principal treasurer, Sir Archibald Napier of Merchingstoun, knight, treasurer-depute, the said Archibald Earl of Argyll, and the two commissioners raised summons and action before the Lords of Council and Session against the said Sir John Grant ; which action was called before the Lords on 23d January last, when the Lords decerned and ordained Sir John Grant now of Frewchie to pay the said sum to the commissioners ; and now since the said Sir John Grant in obedience to the decreet and letters of horning raised at the commissioners' instance thereon had paid to them the foresaid sum of 2000 merks, the commissioners hereby discharge him, his heirs, executors, assignees, and successors, of the said sum and fine of 2000 merks, and renounce the foresaid decreet and letters 436 ABSTRACT OF GRANT [1625- of horning, which they have delivered to him, to be cut, cancelled, and destroyed by him as he shall think expedient. Dated at Stirling, 7th May 1624. Witnesses Mr. Gilbert Prymrois, son to James Prymrois, clerk to the Privy CouncU, and others. 348. Decreet-Arbitral pronounced by Walter Lord Deskford and James Master of Deskford, as judges-arbiters and friends, convened upon the debateable bounds between the lands of Muldaries pertaining to the right worshipful Sir John Grant of Frewquhy, knight, and the lands of Nether Auchannasie, pertaining to Harie Gordoun, the discussing and judging of the marches thereof being referred by both parties to the said arbiters, who, having considered their claims and probation, with consent of both parties, pronounce their final sentence, and ordain as fol lows : — " That the said Sir John, his tennentis and servandis duelling wpoun his saidis landis of Muldareis, sail haif lonyng and fre passage with their bestiall and guidis to the hill and pastour of Auchannasies as the loning presentlie pottit, mercheit, and methit in maner as followis, to wit, the said loyn to begin as the Kilburne of Muldarie rynnes in the Loyn burne, going directHe thairfra to the merche dyk betuix Auchluncart and Nether Auchannasie to the fute of the hill at the west, and fra the Loyn burne to the boundis pottit and mercheit, quhairin the said Harie sail big his ward dyk at the eist, quhUk sail remane as ane loyn in all tymes cuming ; reservand alwais to the said Harie Gordoun the lawbouring and wynning out sic boundis as ar alreddie designet to him in the appoyntment past betuix the guidman of Auchluncart and him." Which conditions both parties accept, and allow and ratify the present decreet ; and the judges, with consent of parties, decern that the said Harie shall peaceably enjoy the rest of his wards, and all other possessions and privileges belonging to the lands of Nether Auchannasie ; and both parties agree to observe the decreet, and that the foresaid " loyn " shall only serve the said lands of Muldaries to the hill of Auchannasie, and that the possessors of the lands of Muldareis should not suit or claim any other " loyn " to the said lands from the lands of Nether Auchannasie to the hill except the loyn foresaid. Dated at Muldarie, 7th September 1625. Witnesses, Alexander Abercrumby of Birkinboig, John Ogilvy of Miltoun, Thomas Abercrumby of Skeyth, Patrick Gibson of Shereffmyln. Signed, " Deskfoord. James Ogilvye. S. J. Grant. H. Gordone." 349. Letters of Ratification, whereby, for the zealous affection that Sir John Grant of Freuquhye, knight, patron of the benefice of the Chancellary of Moray, had to the glory of God and propagation of the gospel of our Saviour Jesus Christ, and to encourage him therein, and for divers other good deeds done by the said Sir John 1627.] CHARTERS NOT PRINTED. 437 to the granter, Mr. Alexander Innes, Chancellor of Moray, he ratifies, with consent of John Bishop of Moray, his ordinary, and canons of the Cathedral Kirk of Moray, the lease made to the late John Grant of Freuquhye, his heirs, assignees, and sub tenants, by Mr. William Clogye, late Chancellor of Moray, with consent of the deceased Alexander, last Bishop of Moray, and Canons of the Cathedral Kirk thereof, upon the teinds, both parsonage and vicarage, of the parish kirks and parishes of Innerawin, Kirkmichael, Knockandoche, Wrquhart, and Glenmoristoun, in the diocese of Moray, pertaining to the benefice of the Chancellary of Moray. The granter also ratifies the decreet of prorogation granted to the said deceased John Grant of Freuquhye and his foresaids of the said lease by the Lords Commissioners of Plat, appointed by the late King for plantation of kirks, for all the years contained in the said lease and decreet, and engages never to quarrel or impugn the same ; the said Sir John paying timeously and thankfully to the ministers serving the cures of the said kirks their yearly and local stipends decerned to be paid to them by the said Lords Commissioners of Plat. The granter further binds himself to give new rights, etc., to the teindsheaves and teind vicarage of the same, whenever required by the said Sir John and his foresaids, for payment of the teind silver and teind vicarage silver, in use of payment for the same, appointed to be paid for the local stipends of the ministers serving the cures. Dated at Elgin, 16th November 1626. Witnesses, Patrick Gibsone of Shirefmill, Mr. William Clogye, minister at Inverness, Mr. David Dick, parson of Cromdell, Mr. William Guthrie, minister at St. Androis kirk, and John Donaldsone Signed, " M. A. Innes, Chanceller of Morray." 350. Contract of Excambion made between Sir John Grant of Frewquhye, knight, heritable proprietor of the lands underwritten, with consent of Dame Marie Ogilvie, Lady Grant, his spouse, and the said Dame Marie for herself, her right and interest; with consent of Sir John, her spouse, narrating a contract matrimonial, dated 11th December 1613, registered in the Books of Council and Session 24th August 1622 years [No. 333 supra], in terms of which the said Sir John and Marie Ogilvie were infeft, in conjunct-fee, in the lands of Mulben, etc., lands of Easter, Wester, and Mid Muldaries, etc., Brigtoun of Spey, etc., Over and Nether Kinmenitie, etc., as principal, and lordship of Abirnethie, etc., in warrandice ; and whereas the said Marie was lawfully infeft, by disposition of Sir John, her spouse, in the lands of Auchendaren, by charter in liferent, dated 1st December 1620: And now considering, by advice of friends, how necessary it was that Sir John, for the benefit of his estate, should have in his own person the full right and title of the foresaid lands, the said Dame Marie consents to give her renunciation thereof in Sir John's favour, excepting the lands of Mulben and pendicles and 438 ABSTRACT OF GRANT [1627. lands of Meikle Balnabroyche, Auchroisk, and Littill Balnabroyche, and teinds of the same, whereto the said Dame Marie was provided and had right after the decease of Lilias Murray, Lady Grant, his mother; wherefore Sir John, in excambion, recompense, and satisfaction of the said Dame Marie's renunciation and discharge of her said conjunct-fee and liferent hereby made, obliges himself, his heirs and successors, to infeft and seise the said Dame Marie Ogilvie, his spouse, in liferent, by two several charters and kinds of holding, to be held of Sir John in free blench, for payment of one penny at Whitsunday, if asked, and for pay ment of the duties to the superiors, the other to be held of the superiors, whose consent Sir John engages to procure at his own expense, in the lands and barony of Lethin, comprising the Maynes of Lethin, with manor-place and fortalice, Miltoun and Mill of Lethin, lands of Lethinbar and others, with the teindsheaves of the said barony, in the shire of Nairn, excepting the lands of Ar ; also, in the lands of Bellivat, Auchingour, with salmon-fishing on the water of Fyndarne, Arclache, with mUl and salmon-fishing on the Fyndarne, Heremiteis Croft, and Daldareth, with teindsheaves of the same, , in the tenandry of Fynlarg, diocese of Moray, and shire of Nairn, held by Sir John, in feu-farm, of the Bishop of Moray; also, in the lands of Farnichtie and Newlands thereof, with the teindsheaves, in the barony of Farnen, lordship of Urquhart, and shire of Nairn, held of the Earl of Dunfermline, Lord Fyvie and Urquhart ; also, in the lands of Clune, in the barony of Moynes and Golfuird, and shire of Nairn, pertaining to Sir John, as heir of his father, by wadset and disposition made to him by John Dunbar of Moynes and Jean Dun bar, his spouse, and their son, under reversion, of the sum of 10,000 merks; to which wadset right and annual rent of the foresaid sum, in case the same are redeemed during the life of the said Dame Marie, Sir John makes her his cessioner and assignee, binding himself and his heirs to warrant the said lands to the said Dame Marie, providing she relieves his heirs and successors of all .taxations presently imposed on the said liferent lands, teind duties, etc., Sir John binding himself that if any further duty or impost be laid on the teindsheaves, her liferent right shaU be free of the same, etc., and to deliver to her all tacks of teinds affecting the liferent lands : And because the said lands and barony of Lethin and all the other lands above mentioned were burdened with the liferent of Lady Lilias Murray, his mother, he obliges himself and his foresaids to infeft the said Dame Marie in warrandice in life rent in the lands of Wester Tulloche, Easter Tulloche, Rimoir, and Curris, with teindsheaves thereof, in the lordship of Badyenoch and shire of Inverness, held by him blench immediately of George Earl of Enzie, Lord Gordoun, as also, in certain lands of the lordship of Abernethie, held in feu of James Earl of Moray, namely, the davoch land of Auldtoun and Glenbroctoun, and others, with the teindsheaves thereof, 1627.] CHARTERS NOT PRINTED. 439 in the shire of Elgin and Forres ; the lands of Culnakyill and Auchnahandett, with the teindsheaves thereof in the tenandry of Fynlarg, diocese of Moray, and shires of Elgin and Forres and Inverness, held in feu of the Bishop of Moray; also in certain lands of the barony of Cromdale, held of the King, namely, Over Auchroisk, etc., in the shire of Inverness ; and in certain lands of the barony of Freuquhie, also held of the King, namely, Auchnagall, etc., all in special clause of warrandice of the said Lady Lilias Murray's liferent of the lands and barony of Lethin and others above-written, now provided to the said Dame Marie Ogilvie, in liferent, by virtue of this present disposition; so that if Dame Marie were debarred from posses sion of the said lands by Lady Lilias Murray's liferent right thereof, in that case the said Dame Marie Ogilvie should have full right and free entry to the lands con tained in the special clause of warrandice foresaid, during the lifetime of Lady Lilias ; but as soon as Lady Lilias's liferent shall cease by death, or through any renunciation she may be pleased to make, whereby Dame Marie may obtain the principal lands, the clause of warrandice to expire and become null, etc. And for asmuch as Sir John is not yet infeft as heir to his father in the said lands of Clune and Farnichtie, he obliges himself and his foresaids to obtain himself duly seised in the same, so that the said Dame Marie may be sufficiently secured therein. It is also specially provided, that in addition to the foresaid liferent right, there shall also belong to her after the decease of the said Lilias Murray, the lands of the Maynes of Mulben, Little John's Croft, Smith's Croft, Delmannie, Mill of Mulben, Bracan Thome, Mekill and Littill Bain abroy cheis, and Auchroisk, with teindsheaves thereof, which were a part of her conjunct-fee lands, and are not hereby re nounced. For which causes the said Dame Marie, with consent of the said Sir John Grant, her spouse, of her own free will, hereby renounces and discharges to him, his heirs-male and assignees, her conjunct-fee and liferent of the lands and others, with the teindsheaves thereof, provided to her by the said contract matrimonial, and infeftments following thereon, viz., the lands of Garline, etc., in the barony of Mulben, Easter, Wester, and Mid Muldaries, etc., Auchindaren, etc., as principal, and lands and lordship of Abernethie, and as given in warrandice, with all right she had thereto by virtue of the foresaid contract-matrimonial, or any other right made to her thereupon, and assigns the same in favour of Sir John Grant, her spouse, and his foresaids, so that he may sell or wadset the same at his pleasure : And she engages to renew the renunciation as oft as required, seeing her estate and liferent had been rather benefited by the present excambion than hurt or prejudiced, and to appear before any Judge to ratify the premises when required ; and also accepts the provi sion hereby made as full contentation and satisfaction of all further conjunct-fee, terce, or other that she could claim through the decease of her said spouse, etc. Sub- 440 ABSTRACT OF GRANT [1628. scribed at Durne, 27th October 1627. Witnesses, James Lord Deskfoord, Thomas Crombie of Kenno, and others. Signed, " S. J. Grant." " Marie Ogiluy." 351. Contract between Sir John Grant of Freuquhy, knight, on the one part, and John Grant, fiar of Balnadalloche, for himself, and taking burden upon him for James Grant, oy and heir of the late John Grant of Balnadalloche, on the other part, in manner as follows : — That whereas there were two several original feu infeftments of the lands of Balnadalloche, in the lordship of Glencarnych and shire of Elgin and Forres, one granted by the deceased James Grant of Freuquhy, " foir grandschir " of the said Sir John, to the said deceased John Grant of Balnadalloch, "guidschir" of Patrick Grant, now elder of Balnadalloch, and likewise "guidschir" of the said James Grant ; and the other of the said original feu infeftments granted by the late John Grant of Freuquhy, grandsire to the said Sir John, in favour of Patrick Grant, eldest son to the said John Grant of Balnadalloch, begot between him and the deceased Barbara Gordoun, his spouse of the second marriage ; in respect of which double feu infeftments there might be an action of double warrandice pursued by the heirs of the first feuars against Sir John as heir and successor to his predecessors, granters of the infeftments, the event of which would be uncertain : Therefore, and for eschewing of all plea and question that might arise between the parties concern ing the right of the lands and warrandice thereof, Sir John binds himself, his heirs and successors, to make and deliver to the said John Grant, fiar of Balnadalloche, or his heirs, a precept of clare constat for infefting of the said James Grant, oy and heir to the said deceased John Grant of Balnadalloch, as heir to his said deceased " guidschir " in the lands above mentioned ; and the said John Grant, fiar of Balnadalloch, for himself, and taking burden upon him for the said James Grant, and the said James for himself, obliges him and his heirs to obtain the said James duly infeft in the said lands in terms of the precept ; and that on being infeft therein, he shall resign the same in the hands of Sir John Grant, his heirs and successors, as superiors thereof, in favour of and for new infeftment to be granted by the said Sir John or his foresaids to the said John Grant, fiar of Balna dalloche, his heirs-male and assignees whatsomever heritably ; on which resignation, and on the resignation of the said lands also made or to be made by the said Patrick Grant elder of Balnadalloche's procurators, in the hands of the said Sir John in favour as above, the said Sir John binds himself and his foresaids to make, subscribe, and deliver to the said John Grant, fiar of Balnadalloche, his heirs-male and assignees, a charter containing precept of sasine of the foresaid lands, conform to the old infeftments thereof to be produced by the said John Grant and his foresaids, the said John Grant becoming bound to obtain himself infeft in the 1629.] CHARTERS NOT PRINTED. 441 said lands in terms of the said charter ; and on being so infeft, he binds himself and his heirs to renounce and discharge, and hereby renounces and discharges, taking burden on him for the said James Grant, and all other heirs and successors of the said deceased John Grant, first feuar, the action of double warrandice competent, or that might be competent to him or his foresaids, against the said Sir John Grant, or any other heirs or successors of his predecessors above named, and declares that Sir John Grant and his heirs shall only remain subject in single warrandice : And the said Sir John Grant renounces for himself, his heirs and assignees, in favour of the said John Grant, fiar of Ballindalloch, and his foresaids, all reversions, etc., made by the latter or his predecessors to the said Sir John or his predecessors for outquit ting the said lands, and all right of redemption thereof, and is content that the lands remain with the said John Grant and his foresaids, heritably and irredeemably, in all time coming. And the said John Grant engages to move and cause the said James Grant to subscribe this contract in presence of four famous witnesses. Dated at Edin burgh, 19th March 1628. Witnesses, Ewin McGregor, brother to the Laird of McGregor, Patrick Gibsoun of Shirrefmilne, Thomas Grant of Dalvy, James Grant in Rimoir, etc. Signed, " S. J. Grant." " Johne Grant." 352. Extract Decreet by the Lords of the Privy Council, anent letters raised at the instance of Patrick Grant of Ballindalloch, narrating an Act of the Parliament held at Edinburgh in July 1594, by which it was ordained that every thief, sorner, and broken man, should be esteemed the man and servant of him of whom he has land in tillage or pasturage, whom he accompanies to conventions, or in whose ground he is reset and tarries twelve hours together with the knowledge of the landlord, being of power to apprehend him, etc., and complaining that James Grant of Daltalies was, on 30th July 1618, denounced rebel and put to the horn for not compear ing before His Majesty's justice and his deputes to underly the law for the cruel slaughter of the deceased Patrick Grant in Lettache, as the letters of horning against him bear, and since his denunciation he has associated with himself a number of broken " Hieland men of the Clanrannald, Clangregour, and some others out of Strath spey and Stradoun, and with these lawlesse lymmars, armed with vnlawfull weapons, he goes athort the countrie, committing opin stouthes, heirships, sorning, and depreda tions in all parts of the countrie," upon all good subjects, especially upon the corn- plainer's kin and friends, and on the day of November last, he came to the complainer's lands of Innererar, and by way of " stouthreaffe " reft from his tenants thereof sixscore nolt, twelve horses, six mares, and eight sheep ; he was the chief instrument of the troubles fallen out between the family of Carroun and that of the complainer, and of the slaughters committed hinc inde, is become " ane opin reaver, 3 K 442 ABSTRACT OF GRANT [1629- sorner, and oppresser ;" that he is man, tenant, and servant to Sir John Grant of Frewchie, is a branch of his house, dwells upon his lands, accompanies him in hosting and hunting, has his chief dependance upon him, his ordinary and frequent reset within his bounds, where he had often remained twelve hours together, with the privity and knowledge of the said Sir John, who was and is of sufficient power to have appre hended him, but who takes upon him the patronage and defence of the said James, who under his assurance goes in sorning manner " athort " the country, and therefore the said Laird of Grant ought to present and exhibit him before the Council, to underly the law for the said crimes : and anent the charges given to the Laird of Grant. as master and landlord of the said James Grant, to compear and present him before the Lords of the Privy Council on a certain day bygone, under pain of rebellion and putting of him to the horn : The Lords of Secret Council absolve the said Sir John from the pursuit and complaint, and from the petition of the said pursuer therein, and all points and clauses contained in the foresaid letters ; because it was alleged by the pursuer, that the said James Grant was within the defender's bounds gathering his forces before committing the depredation libelled, and remained forty-eight hours together upon his bounds with his knowledge, and that he was advertised thereof by the Baron of Kilmachlie, and by his own uncle, bailie of the bounds ; which point the pursuer, instead of all other probation, referred simpliciter to the said defender's oath of verity, and he being deeply sworn thereupon, declared that the same was not of verity. Dated at Halyruidhous, 29th January 1629. 353. Exteact Registered Contract between Sir John Grant of Freuquhie, knight, and Captain John Mason, by which Sir John Grant sells to the latter, his heirs and assignees, his woods within the countries and parishes of Abernethie, Kincardine, and Glencarnie, and timber in the same, to be cut and taken away by him at his pleasure, for forty-one years after date ; with water mills and water courses, and power to build and uphold new water mills ; and also leases to him the dwelling " rowmes '' of Culnakyill and Abernethie, and either of them for the said space, with a hundred acres of arable and pasture land, for payment of the rent in use to be paid therefor ; Sir John warrants to the said Captain John Mason and his foresaids, and their servants and workmen, safe and free egress and regress, and passage through any of his lands needful for transporting the wood and timber to the water and mills, "that they shall have frie transport, carryage, and convoy of the saids woods and timber throw and downe the river of Spey to the sea, without paying toll or tax to ony persone or persones," with liberty to build and uphold a house and a timber wharf or close at the haven or mouth of Spey, to keep their timber unstolen by ill-disposed persons, the said Captain paying duty yearly for the same : and Sir John further 1632.] CHARTERS NOT PRINTED. 443 engages to defend the Captain, his workmen and their families, from all wrong, hos tility, and invasion ; and to cause and move his tenants to serve the work for wages, etc. And if any ironstone or minerals shall be found during the said time within his lands, Sir John binds himself to join in copartnership with Captain Mason, and to furnish half of the charges for erecting ironworks, etc. For which causes Captain John Mason binds himself, his heirs, executors, and assignees, to pay to Sir John, his heirs and assignees, within the dwelling-house of Colonel Harie Bruce, in the burgh of Canogait, £20,000 Scots, 20,000 merks to be paid before Whitsunday next 1631, under penalty of 1000 merks; and the other 10,000 merks before Whitsunday 1630 [sic], under a penalty of 500 merks: Under this reservation, that the said Captain John Masone shall grant and hereby grants to Sir John and his tenants of his lands of Abernethie, Cromdell, Innerewey, and Glencarne, to cut and transport as much wood as they required for their own uses, etc. Dated at Freuquhie, 28th August 1630. Witnesses, Patrick Earl of Tullibardine, Lord Murray and Gask, Robert Murray his brother, Colonel Harie Bruce, Robert Grant of Clachaig, Walter Innes apparent of Balvenie, and George Sterling brother to William Sterling of Ardraich. The contract is registered in the Books of Council 6th June 1631. 354. Extract from the Books of Acts of Adjournal, of a decreet by the Court of Justiciary, held in the Tolbooth of the Burgh of Edinburgh, on the 4th of August 1632, by Mr. Alexander Colvill of Blair and James Robertoune, advocate, justice-deputes of William Earl of Stratherne and Monteitb, etc., Justice-General of the King, pronounced in the action and cause criminal pursued at the instance of John Grant of Ballindollache, for himself, and as procurator for Archibald Grant of Dalvey, Patrick Grant as brother to the deceased Thomas Grant in Dalvey, and as master to the late Lachlan MTntosche, brother to James McIntosche in Fones, also as procurator for Alexander Tailzeour in Lyndarchie, William Glacien in Preisthill, and other pursuers named in letters raised and executed against Allaster Grant in Waster Tulloche, as also at the instance of Sir Thomas Hoip of Craighall, knight-baronet, his Majesty's advocate for His Highness' interest, against the said Allaster Grant, bearing that the said Allaster Grant, in the month of November 1628, accompanied by James Grant, brother of the deceased John Grant of Carroun, and their complices, lawless and broken men, came to the ground and lands of Leachvichgoun and Innerernan, pertaining to the said John Grant of Ballindollache, and possessed by him and his tenants, and stole and took away from the said lands, kine, oxen, horses, mares, ewes and other plenishing, as narrated in the said criminal letters : And in like manner the said Allaster Grant, with his complices, on the 23d April 1630, came to the lands of BaUindalloche of purpose to have harried and " spuilzeit " the same, and there most 444 ABSTRACT OF GRANT [1632- cruelly murdered and slew the late John Dolles, who was in company with the said John Grant of BallindoUoche in defending of his goods ; and for art and part of the said AUaster's oppression, committed by him upon the lands of Alviche and Tynmour, against the said John Grant of BallindoUoche, and his tenants ; finally, that the said Allaster, with his complices, in the month of August 1628, cruelly and unmercifully murdered and slew Thomas Grant of Dalvey, and Lachlane Makintosche, brother to the said James McKintosche in Fones : which criminal letters and dittay being referred to an assize, they being sworn, found and declared in one voice " the said Allaster Grant to be fyllit culpable and convict of the forsaid hership, thift, reaff, and oppressioun," committed by him and his complices upon the lands of Leachvichgoun and Innerrerauchie, in November 1628, against the said John Grant of Ballindollach, and his tenants thereof, also of being in company with James Grant, brother of the deceased Patrick Grant of Carroun, at the slaughter of the said late John Dolles, and hership of the lands of Alvich, and of being in company with the late John Grant of Carroun at the slaughter of the said late Thomas Grant of Dalvey, and the late Lachlane Mackintosche, on the lands of Rothimoone in Abernethie, in August 1628. For which causes the Justice, by the mouth of Andrew M°Cartour, dempster of court, adjudged the said Allaster Grant to be taken to the Market Cross of Edinburgh, " there to be hangit quhUl he be deid ; " and his goods to be escheated to the King. After pronouncing of which sentence, an Act of Council was produced, dated at Halyrudhouse, 31st July 1632, commanding the Provost and Bailies of Edinburgh to postpone the execution of the said doom until His Majesty's further pleasure was known concerning the said Allaster. On all which the said John Grant of Ballindalloch asked acts and instruments. 355. Contract entered into by Sir John Grant of Frewquhie, knight, heritable proprietor of the lands and others underwritten, with the special consent of Dame Marie Ogilvie, Lady Grant, his spouse, and the said Dame Marie for herself, her own right, title, and interest, with special advice and consent of Sir John, her spouse ; narrating that, by their matrimonial contract, dated 11th December 1613, registered in the Books of Council and Session 24th August 1622 [No. 333 supra], the lands of Mulben and others enumerated were given to them in conjunct-fee, wherein they had subsequently been infeft and seased by charters and sasines, both principal and warrandice ; and by disposition of Sir John to her, dated 1st December 1620, Dame Marie was infeft and seased in the lands of Auchindaren in liferent ; and by a bond and disposition signed by her, of date at Dum, 27th October 1627 [No. 350 supra], the said Dame Marie renounced, in Sir John's favour, the lands given to her under these two deeds, except certain lands excluded from the 1634.] CHARTERS NOT PRINTED. 445 renunciation, and received the lands and barony of Lethin and others in exchange and recompense of her renunciation, as principal, and other lands in warrandice of the same ; and now Sir John and Dame Marie, considering how necessary it was that he should have the full right of the lands given in excambion in his own person, to the effect he might freely seU, wadset, and dispone the same, for defraying of debts and burdens, the said Dame Marie, out of her special love and favour to him and to the standing of his house, is willing to renounce, and hereby renounces and overgives in favour of Sir John, his heirs and assignees whomsoever, her liferent right of the lands and barony of Lethin, Bellivat, Farnichtie, and Clune, and other lands disponed to her by the bond above mentioned, both principal and warrandice, with the teind sheaves thereof, and in token of her free and voluntary renunciation subscribes the present writ, and obliges herself, if need be, to appear judicially before any judge ordinary in a fenced court and repeat her renunciation, and make faith that she is noways coacted nor compelled hereto, but is pleasantly contented therefor by her acceptance and her husband's granting of the infeftments and provisions aftermentioned, which Sir John in aU reason and equity is bound and obliged to give, and to infeft her in liferent in as many lands of as good rent, stock, and teind as the lands she had renounced ; and therefore, in exchange to the said Dame Marie, for her former renunciations of her conjunct-fee and liferent, made by her former bond, and now by this present bond and disposition, Sir John binds himself, his heirs and successors, to vest and sease the said Dame Marie Ogilvie, his spouse, in liferent, in the following lands, with the teindsheaves in cluded, by two sufficient and separate charters, etc., viz., the lands of Brodland of Wrquhart, extending to an £8 land, the £4 land of Easter and Wester Kill- sanctninianes, the £4 land of the two Kerrowgeris, the £4 land of Drumboyes, the £4 land of Gartallie, mill, mill lands, and multures thereof, the 40s. land of Polmalie, the £6 land of Three Inshebreinis, 40s. land of Dulsangie, 40s. land of Diviauchmoir, £6 land of Three Bunloidis, with the tower and castle of Wrquhart, in the barony of Wrquhart and shire of Inverness, to be held of the King and his successors, as superiors, in feu-farm, for yearly payment of £46 to His Highness's treasurers or collectors of his rents in Scotland, the liferent to cease in case of not timely payment of the feu-duty. Item, in the £4 land of Morull, 40s. land of Lochliter, 40s. land of Little Clune, 40s. land of Diviauchreich, 20s. land of half Clunemore, in the barony of Corriemonie and sheriffdom of Inverness, to be held of the King and his successors, for payment yearly of £13, 13s. 4d. of feu-duty, with clause irritant as above, reserving to the granter, his heirs and successors, liberty to draw dams and passages to the ironworks in Wrquhart, with liberty to put and build the said ironworks on the lands, providing Sir John and 446 ABSTRACT OF GRANT [1634. his foresaids upheld the rental of the lands wherethrough and whereon the said dams, passages, and ironworks should be drawn and built, and reserving in the same way the use of the whole woods thereof for the use of the ironworks, " except to serwe the wse of the cuntrey furthe of the woodis of Lochliter, Inshebreines, Gartalie, and Dulsangie," at the will and pleasure of the tenants and inhabitants. Item, in the lands of Lethindie, and crofts thereof, called Tailzeour Oigis Croft, John Dow Catanocheis Croft, Croft Dain, Croft Mallache, Thomnakeand, corn mill of Lethindie, Walkmill of Lethindie, and croft thereof, lands of Rieneballiche, Over, Nether, and Mid Auchroiskeis, Garline, and Kirktoun of Cromdall, in the barony of Cromdall and shire of Inverness. Also in the lands of Glenlochie and mill thereof, in the barony of Freuquhie, to be held of the King and his successors for ward and relief; and in the lands of Wester Tulloche and mill thereof, Easter Tulloche and Riemoir, in the lordship of Badzienoche and shire of Inverness, to be held of George Marquis of Huntly, or George Lord Gordoun, his son, or either of them having right of the superiority thereof, their heirs and successors, in free blench ferm, for payment of a penny yearly if asked only : with clause of warrandice and tack of teinds of the said lands. Sir John further engages to infeft his spouse in liferent in any other land he should acquire or purchase ; and Dame Marie accepts the present bond, with the lands of Mulben, etc., in full contentation of all conjunct-fee, etc., to which she might have right on the decease of the said Sir John. Dated at Ballachastell, 21st June 1634. Witnesses, Robert Grant of Lurg, Sir John's uncle, John Donald sone of Arr. Signed, " S. J. Grant." " Marie Ogiluy." 356. Extract Retour of Sir John Grant of Fruquhie, as heir to his father, John Grant of Fruquhie, in the town and lands of Nether Kilminnetie, with manor place, tower, and fortalice thereof, the town and lands of Nether Tarmores, town and lands of Killeis- mondis, Over and Nether, and the hauchis thereof, with the brewhouse and Craigis croft, with power to build a mill upon any part of the said lands ; the lands of Ovir Kinminneties, the two oxgangs of lands of Newmilne of Strathylay, in the barony of Strathylay, regality of Kinloss, and shire of Banff, all which are valued as follows : — Ovir and Nethir Killeismondis, the hauchis, brewhouse, and Craigie's croft, £15, 6s. 8d. Scots, with four bolls of custom oatmeal, 4 bolls 2 firlots custom oats, 4 wedders, 8 geese, 22 capons, and 32 poultry, 16 long carriages, with other services due and wont ; Ovir and Nethir Tarmores, £8 Scots, two bolls custom oatmeal, 2 bolls custom oats, 2 wedders, 2 geese, 12 capons, 12 poultry, 16 long carriages, and other services due and wont ; towns and lands of Nethir Kinminnetie, £3 Scots, and "lie rinn mairt siluer" to the sum of 15s. 6d., with a boll of custom oatmeal, a boll of custom oats, a wedder, a goose, 6 capons, and 6 custom poultry, 4 long carriages, 1634.] CHARTERS NOT PRINTED. 447 with other services due and wont, as the ancient ferme duty of the said lands; and for the 7 bolls custom oatmeal abovewritten, in money the sum of 46s. 8d. ; for the 7 bolls 2 firlots custom oats, 25s.; 7 custom wedders, 35s.; 11 geese, 9s. 2d.; 40 capons, 26s. 8d. ; 50 poultry, 16s. 8d. ; 32 long carriages, and other services due and wont, 46s. 8d., and 40s. for grassums, and in augmentation of rental, extending in whole to the sum of £38, 18s. at Whitsunday and Martinmas, in name of feu- farm, with duplication at the entry of every heir, and giving three suits at the three head Courts held at the Grange of Strathylay yearly ; and personal presence of the tenants of the said lands in the justice-eyres of the regality of Kinloss, as often as they happen to be held at the monastery, one sasine to be taken on the lands of Killeismondis to be sufficient : Item, the lands of Over Kinminneties for £5, 6s. 8d. Scots, as the ancient feu-duty, 2 bolls of custom oatmeal, etc., " rinn mairt siluer," lis., etc., extending in all to £9, 5s. 4d. yearly, to be paid at Whitsunday and Martinmas, with duplicand, and the like suit and presence; and if the feu-duty ran on unpaid for three years, the infeftment to lapse. Item, the two oxgangs of Newmilne of Strathylay, the sum of 35s. 6d. Scots, for the farms and customs of the said lands : and that the foresaid, lands were formerly held of Walter Abbot of Kinloss and his successors, the abbots and convent of the said monastery, in feu-farm, and now of King Charles and his successors. Inquest held in the Sheriff-Court of Banff, in the Tolbooth of the burgh of Banff, 22d July 1634. 357. Copy Summons under the Signet of King Charles the First, narrating that the Lords of Privy Council were informed that great numbers of sorners and broken men of " the Clangregour, Clanlauchlen, Clanrannald," with other broken clans in the Highlands, Stradoune, Glencoe, Bramar, and other parts, and divers of the name of Gordoun, with their dependers and followers, had a long time past and lately very grievously infested good subjects in the north, especially the Laird of Frendraucht and his tenants, by frequent depredations and barbarous cruelties committed upon them, and by a late treasonable fire raising in the Laird of Frendraucht's bounds, whereby not only were all that gentleman's lands laid waste, with his whole goods and bestial spoiled, slain, and mangled, some of his servants killed and cruelly " demayned," but the whole tenants of his lands and domestics of his house had left his service and lands, and he himself at the hazard of his life had been forced to steal away under night, and have his refuge to the Council, " and thir dissordares ar grovin to that hight that almost novhair in the northe countrie can anie of our good subjectis promis safetie to ther persounes or meanes," breach of the peace being so universal and fearful that the very towns and burghs were in continual danger and fear of some sudden surprise by fire or other ways ; that the Lords of Council 448 ABSTRACT OF GRANT [1634. in these circumstances had resolved to get true information of the authors of these disorders, their abetters and resetters, and to take exemplary order thereanent that the delinquents might receive punishment, and peaceable subjects be repaired of their losses, and secured in time coming from the incursions of these broken men ; and therefore charge is given to summon Sir John Grant of Freuchie, knight, and William MTntoische of Torcastell, masters and landlords to these broken men, and chieftains of their clans, through whose bounds these broken men have repaired with their depredations, and who in that case ought to be answerable for these men by the laws of the country, to compear personally before the Lords of Privy Council on the 1 3th January next, to give information anent the slaughters, depreda tions, and other disorders committed upon the Laird of Frendraucht and his tenants and servants and other subjects in the north, since the burning of the tower of Frendracht, and to underlie such order regarding the peace of the country, and redress to be made by them to His Majesty's oppressed subjects of their losses sus tained by these broken men since the burning of the house of Frendracht, as by laws and Acts of Parliament might be found necessary, under the pain of rebellion and putting of them to the horn, with certification if they failed, that beside the denun ciation as rebels, such further exemplary course should be followed out against them as the King's honour and peace of the country required. Given under the signet at Edinburgh, 13th November 1634. 358. Copy Supplication to the Lords of Secret Council by John Grant, apparent of Balna dallach, for himself, and in name and behalf of his friends, tenants, and servants, setting forth that whereas their Lordships were not unmindful of the fire raisings, murders, and herships, committed upon him and others of His Majesty's subjects by the traitor James Grant and his complices, who so wasted Ballindalloch's whole land, and made such havoc of his estate and living, for three or four years, that he was utterly undone, till at last by the efforts of the Earl of Moray, James Grant was apprehended and made prisoner within the Castle of Edinburgh, wherein he remained a long time, and at many examinations before their Lordships, alleged the Lairds of Grant and Glenmoristoune, with their tenants and servants, to be resetters, and maintainers of him and his complices in all his rebellious courses, which also was verified by the late Allester Grant and divers other witnesses ; but in the time of trial of the said James and his said assisters, he broke ward forth of the Castle, went to the north, and has lived there ever since, among the tenants, dependers, and followers of the Lairds of Grant and Glenmoristoun and his sons, under whose connivance he lurked. At last, in November last, he, accompanied with his brother George Grant, and others, to the number of fifteen persons, all in arms, took the 1635.] CHARTERS NOT PRINTED. 449 complainer captive, beside his own house, and carried him with them to " ane mirk dungeon, within ane kill logy," where they kept him for the space of twenty-two days, and during that time urged him to the performance of the following conditions : " First, to procure generall remissiones to Glenmoreistoun and his children, to Allane McRannald of Lundy, and to all the responsall men quha had ressauit him, quha ar tennentis, servantis and dependeris vpoun the Lairdis of Grant, Glenmoreistoun, Allane McRannald, the hous of Carrone and the Marquis of Huntlie ; 2°, To <*iwe ane discharge to Glenmoreistoun of 4000 merkis, addebtit be him to me ; 3°, To obteine ane discharge from the Erie of Murray to Allane McRannald of 5000 merkis; 4°, To discharge the sowme of 4000 merkis resting be the Marquis of Huntlie and Carrone's tennentis to me ; 5°, To pay ten thowsand pundis in reddie money to himselff; and lastly, that I suld submit my persoun and estait to the Laird of Grant, and cum in his will, and nevir compleane of any wrong done by him to me." Their Lordships might therefore easily perceive who had been, and yet were, the authors and assisters of the said traitor James and his complices in their treason able courses, and whom he esteems to be his special friends and well willers ; and as their Lordships had convened the said Lairds of Grant and Glenmoreistoun, and since the said Laird of Grant is chief of clan to the said traitor, and the Laird of Glenmoreistoun is a special branch of the Laird of Grant's house, of whom the traitor, his brother and son, are descended, and therefore by the laws and practice of the realm ought to produce the culprits, which is a thing of no difficulty to them, and not " prestable " by any other without great charges, shedding of blood, " and the feid of the haill name of Grant." Ballindalloch therefore petitions the Lords that after the example of King James the Fifth they should commit to prison the Lairds of Grant and Glenmoristoun, till they present and exhibit the rebels before their Lordships, etc. The Lords' answer to the petition is dated Edinburgh, 29 th January 1635, ordaining the Laird of Grant and young Glenmoriston to be warned to "heir the desyre of the bill grantit." 359. Draft Answers given in by the Laird of Grant to the Lords of His Majesty's Privy Council anent the settling the peace of the country. Indorsed, January 1635. " Quhair it pleissis your Lordshipis to be informit of me quhat wes the occasioun and quho wer the authouris of the break of the name of Gordoun, I declair I know not becaus I ly far distant from them." As to the breach of peace in the Highlands, Sir John advises that there should be order taken for suppressing the surnames and clans following '' quha are in vse and custome to steall and tak away herschipes," viz., the Clan Gregor, some of the Clan Chamroun, Clan Ronald, and Clan Lachlan, the reason of whose boldness and pertness 3 L 450 ABSTRACT OF GRANT [1635- for some time bygone was that they knew no man had a commission to prosecute or apprehend them, and the only remedy was to grant ample commissions to sufficient landed gentlemen to take, punish, and suppress such malefactors in time coming. If every landed gentleman had such a commission it would be impossible that these malefactors should escape. As to particular names, Sir John could not give a complete list at that time, but if lawful time were given he would do his best to inform himself and give their Lordships satisfaction. And as to taking order with this great breach of the peace, " on my honour and credeit I know no man so power- full to suppres the samyn as the Marquheis of Huntlie him selff, and except ther be ordour takin now to suppres the Hielands, this brek of the Gordones is just nothing to the subsequent brek that sail follow amongs theis lawles wagabounds." This the Laird declared upon his honour and conscience, and in token thereof subscribed the principal document. 360. Extract Registered Contract and Appointment between Sir John Grant of Frewquhie, knight, and John Grant, fiar of Ballindalloch, premising that there had been sundry questions between them, actions before the Lords of Secret Council and other Judges for sundry wrongs and injuries sustained by the said John Grant, fiar of Ballindalloch, his friends and servants, done to them by James Grant (of Carron) and Robert Grant his brother, and George Grant, son natural to the said , all rebels, and their lawless complices ; which actions and deeds had tended to the prejudice of both the said parties, and disturbance of the public peace: Wherefore, to the end that all debates and controversies should be removed, and that the parties and their friends might live in perfect peace and amity in time coming, they hereby renounce, and discharge each other, their heirs, executors, and assignees, of all actions, civil or criminal, they had against each other, for any cause, by virtue of whatsoever bonds, acts of lawborrows, acts of Secret Council, or acts of Parliament, or forfeiture of either party, or any deed or deeds preceding the date hereof by any of the name of Grant, to either of them, their friends, tenants, and servants, or otherways whatsoever, and promise and oblige them and their heirs " to intertaine trew friendschip and amitie ilk ane to vtheris in all tyme cumming." The said John Grant of BaUindalloche binds and obliges himself and his heirs "to acknawledge, reverence, and respect the said Sir Johne Grant off Frewquhie, knycht, and his airis, in all tyme cumming, as cheiff off his bluid and kindered, and sail fallow and assist him in all his lawfull adois as his vassell and kinsman against all vtheris, his Majestie and his officeris onlie exceptit;" and Sir John binds himself to protect, maintain, and defend the said John Grant of Ballindalloch, his person, wife, children, men. tenants, and servants, against all oppressions, reiffs, or depredations to be com- 1637.] CHARTERS NOT PRINTED. 451 mitted against them by any of the name of Grant, and in special by the said James Grant, Robert and George Grant, and their complices, and to redress all skaith or damage the said John Grant of Ballindalloch and his foresaids shall incur through their deed. Dated at Leith, 9th August 1635 : Witnesses, John Archbishop of St. Andrews, Great Chancellor of Scotland, Sir John Hay of Baro, knight, Clerk of Register, Sir Thomas Thomesone of Dudingstowne, knight, etc. Registered in the Books of Council 10th August 1635. 361. Summons, directed to messengers, setting forth that although the reset, supply, and intercommuning with the traitor James Grant had been very oft prohibited and discharged by divers acts and proclamations, yet that the said traitor, since his breaking of ward out of the castle of Edinburgh, had ever been waiting his times and opportunities " how, when, and where he might prosecute his cruell and detestable insolenceis aganis our good subjectis," and now lately on the April instant, " he being hoorded and interteaned in the dwelling hous of Thomas Grant, tutor of Carroun, and getting intelligence that vmquhill Thomas Grant of Culquhoich, and Grant his brother, were to come in these feildis for some of thair adoes," he, accompanied with a number of broken " lymmaris," lay in wait for the two innocent gentlemen, and first took them prisoners, kept them a certain space in firmance, " and thereafter cruellie and barbarouslie murdreist and slew thame, and cuttit off thair heids," and was fostered and countenanced in his treasonable doings by the reset, supply, and comfort shown to him by the said tutor of Carroun, who for a long time had supplied him with all necessaries, and made all the friendship and " moyen " for him that he could, etc. Messengers, therefore, are to charge the said Thomas Grant to compear personally before the Lords of Privy Council on to answer in the premises, and to hear and see such order taken thereanent as appertains, under the pain of rebellion and putting of him to the horn. Given under the Signet, at Edinburgh, 14th April 1636. 362. Extract Decreet by the Court of Justiciary held in the Tolbooth of Edinburgh, 9th June 1637, by Mr. Alexander Colveill, etc., narrating that John Graunt, alias McJockie, in Tullichie, elder, Patrick Graunt McJockie, his eldest son, and John Graunt McJockie, younger, also his son, were delated at the instance of Sir Thomas Hope of Craighall, knight-baronet, His Majesty's advocate for his Highness's interest, and Elspeth Stewart, relict of the late John Stewart, for the resetting of John Dowgar and others, his accomplices, notorious rebels and fugitives, within the said John McJockie's dwelling-house in Tullichie, intercommuning with John Dowgar in various parts of the country, and other crimes, as follows : — That 452 ABSTRACT OF GRANT [1637. the late Patrick Gilry McGreoger, John Dow roy McGreoger his brother, John Dowgar, John McEan Stalker, and others, their complices, having risen in open rebellion against our Sovereign Lord's authority, by committing sundry " thifts, hearships, reaffs," depredations, fire-raisings, slaughters, and other crimes, to the contempt of the King and oppression of his Highness's subjects, for which the fore-named persons, " and haill vnhappie race of the name of McGreoger, wer denunced rebells and put to the home," and letters of publication published at the market crosses of several of the head boroughs of the kingdom, wherein the lieges were prohibited from resetting, supplying, or intercommuning with the said rebels, yet the said John Graunt, alias McJockie, elder, and Patrick and John Graunt, his two sons, in the months of May, June, July, August, September, October, November, and December 1636, or in one or other of the said months, kept divers trysts and meetings with the said John Dowgar and John McEan Stalker, McGreogers, rebels and fugitives abovewritten, reset them within the dwelling-house of the said John McPhadrick Graunt, alias McJockie, elder, barns and byres thereof, within the town of Tullichie, furnished them with meat and drink, and intercommuned with them in divers parts of the country, within the shires of Elgin and Forres, and specially the said John Graunt McJockie, elder, conferred and intercommuned with the said John Dowgar, in the month of May last, 1636, within an alehouse in the Rimoir, and in the barn thereof, where he and John Dowgar, with a servant of his, John M°Ean Stalker, rebels, drank and conferred together a long time ; also, in July thereafter, a little before Lammas last, the said John Grant, alias McJockie, elder, had again a meeting with the said John Dowgar " within the wood of Tullichie, Maister Collein McKeinzie, minister, for- gathring with you and the said John Dowgar in the said wood, in the said ministers comeing from the kirk of Kincardin, wher yee stayed and conferred with the said John Dowgar ther, the space of ane hour, and took sneising and tobacoe togither;" also, in harvest last, 1636, the said John McPhadrick Graunt had a conference within his own " sheall," and three miles from his own house in Tulloch, with John M°Ean McStalker McGreoger, John Dowgar's brother son, and a dumb fellow named Donald, all rebels and outlaws, and furnished and entertained them with butter, cheese, milk, and other necessaries, a long time ; and also understanding that a commission was given by the Lords of His Majesty's Secret Council to John Stewart, for apprehending of the said John Dowgar, and presenting him to justice for divers slaughters and other crimes committed by him, and to put the same in execution, the said John Stewart, commissioner, had sought the said John Dowgar in divers parts of the north, and in the end, in the month of December last, had dogged him to the town of Tulloch, when the said John McPhadrick not only refused his aid to His Majesty's commissioner, " but 1G37.] CHARTERS NOT PRINTED. 453 also yee, the said John M°Jockie, elder, Patrick and John McJockies, your tuo sones, being boddin with swords, targes, and gunnes, at the leist yee the said John McJockie, elder, and John McJockie, younger, being furnished with gunnes and targes, assisted and tooke plaine pairt with the said John Dowgar and his complices, rebels and fugitives, against the said John Stewart, commissioner, be shooting of your gunnes at him and his company " on the 25th December, within the town of Tulloch, when the said Commissioner, with Donald McInleith, one of his company, was treasonably slain, of which he and every one of them were art and part. John Graunt McJockie, younger, was also accused of being in company with John Dowgar, and John McEan Stalker, with their accomplices, at Easter 1635, upon the lands of Glenesk, pertaining to the Laird of Edzell, and there stealing from the said Laird of Edzell's tenants of the lands of Glenesk, their whole goods, he being known by having a dun coloured Spanish bonnet upon his head. And the said McEan Stalker and his complices, being followed by the owners of the said goods, as also by John Brabiner and other country people that assisted them for restoring the goods, the said John Graunt McJockie, younger, had, in defence of the stolen goods, etc., presented a charged hagbut at John Brabiner, at the " Coble of Tulloch, near to Coblaine at Strathdei, betuixt Cromar and Bramar," which he had confessed. Patrick Graunt McJockie was further indicted for the cruel slaughter of his guidsire's brother's son, named John Graunt, by shooting him with a hagbut through the body, instead of John McEan Stalker, which he had confessed in his deposition. The "dittay " or libel being found relevant, was put to an assize, who, being sworn, etc., convicted the said John M°Jockie, elder, of the reset of John Dowgar in his dwelling-house of Tulloch, and of intercommuning with him there and in other parts of the country, as also of not giving concurrence and assistance to the late John Stewart in appre hending the said John Dowgar and his complices in December last, who was slain by the said John Dowgar and his complices, but acquitted him of the said John Stewart's slaughter, and also acquitted Patrick and John his sons of that charge ; the said John Graunt McJockie, younger, was also convicted of being art and part in the theft and depredation on the Laird of Edzell's tenants of Glenesk ; and the said Patrick Graunt M°Jockie convicted of the slaughter of his guidsire's brother's son, conform to his own deposition. Final sentence was pronounced in a Court of Justiciary held in the same place on 14th July 1637 by Sir William Elphinstoun, Knight, Justice-General, and Mr. Alexander Colveill and James Robertoun, Justices- depute, when the three prisoners being brought forth of ward and presented upon pannel by the bailies of Edinburgh, the Justice, " at command of the Lords of Secreit Counsell," by the mouth of James Graunt, dempster of Court, adjudged the said John Graunt McJockie, elder, Patrick and John Grant alias McJockie, his 454 ABSTRACT OF GRANT [1637- two sons, " to be tane to the Borrow Muir of Edinburgh and execution place therof, and ther to be hanged whill they be dead, and therefter to be hung vp in iron chaines within the said place of execution whill they rott and consume," their whole moveable goods to be escheated and inbrought to His Majesty's use, etc., which was given out for doom. 363. Receipt given to the Right Honourable James Grant of Freuquhye, their chief, by Patrick Grant of Balnadallach and Robert Grant, friends and nearest of kin to Robert Grant, son and heir of the late James Grant, fiar of Elcheis, and oye to the late Patrick Grant of Elcheis, who state that in order to avoid questions anent the debts of Patrick, they had given the key of his charter-chest, lying in a chamber of Elcheis, to James Grant of Freuquhye, and that the key being now restored to them, to the effect they might search the writs and other things in the chest, and intromit with and make use of the same, they exoner and discharge James Grant of Freuquhye, his heirs, executors, and assignees, of the key of the charter-chest, and of the chest itself, and of all things lying therein, and warrant him and his friends against any claims thereanent. The receipt is dated at Freuquhye, 8th August 1 640, and is subscribed by Patrick Grant of Balnadallach and Robert Grant. The witnesses are Patrik Nairn in Dallachappill, John Grant of Auldiche, Allan Grant of Mullachard, and Mr. John Grant, servitor to James Grant of Freuchie. 364. Contract between James Grant of Freuquhye and Annas Grant his sister, on the one part, and Kenneth Mackenzie of Garloche on the other part, for the marriage of Kenneth and Annas betwixt the date then instant and day next to come. In contemplation of which marriage Kenneth becomes bound to duly and lawfully infeft Annas in liferent, and the heirs-male to be lawfully gotten betwixt them, whom failing, the nearest lawful heirs-male of Kenneth, heritably, in the lands of Wester Logie, with the mill, mill-lands, multures, sequels, houses, and pendicles, etc., of the same, within the earldom of Ross and sheriffdom of Inverness ; and in the lands of Towie, with the houses, buildings, and pertinents, etc., thereof, lying within the barony and lands of Garloche, earldom of Ross and sheriffdom of Inverness, to be held of the King, and his heirs and successors, Kings and Queens of Scotland, as superiors, in free blench, for the yearly payment of two pennies usual Scots money, if asked ; the infeftment to contain warrandice, and to be either by resignation or con firmation, as shall best please Annas and James to require and accept for her security, the superior's consent being always procured at the expense and charge of James Grant. Kenneth also becomes bound to warrant and maintain the lands, buildings, 1640.] CHARTERS NOT PRINTED. 455 pendicles, and others above mentioned to Annas as already stated, safe and free from all and sundry wards, reliefs, etc., and all other dangers, accidents, and inconveniences bygone and to come, whereby the said lands and others might be in whole or part evicted or away taken from Annas or her foresaids, and they hindered from entering upon or intromitting with the same. Kenneth also obliges himself to warrant the lands of Wester Logie, and mill and pertinents thereof, to be worth in yearly value to Annas, eight chalders good and sufficient victual ; and the lands of Towie and pertinents thereof, to have the yearly rental of two hundred merks usual Scots money besides customs and service. Further, in case Kenneth shall acquire, during the lifetime of Annas, any lands, mills, fishings, annualrents, or sums of money, he binds himself to acquire the one-half thereof to Annas in liferent, and the whole of the same to the heirs-male to be lawfully gotten between them, which failing, to the nearest heirs-male of Kenneth. In case there be no heirs-male, but only daughters procreated of the marriage between Kenneth and Annas, and that the said daughters be provided for marriages sufficient according to their estate and birth, Kenneth binds himself and his heirs to content and pay to them at their com plete age of fifteen years, with advice of George Earl of Seaforth, James Grant of Freuquhye, Thomas Mackenzie of Pluscarden, Sir Johne Mackenzie of Tarbett, knight, and their heirs, the sums of money as follows : — If there be only one daughter, five thousand merks Scots money ; if there be two daughters, the eldest to get three thousand merks, and the younger two thousand merks ; and if there be three or more daughters, the eldest to get three thousand merks, and the others to get proportionally among them the sum of three thousand merks ; the money to be free and without any claim of debt or other burden. On the other hand, James Grant as principal, and for and with him Duncan Grant of Auchernek and Patrick Grant of Tullochgorme, as cautioners, sureties, and full debtors, bind them selves and their heirs to pay and deliver to Kenneth and his heirs the sum of five thousand merks Scots, in name of tocher, with Annas Grant, sister of James Grant ; one thousand pounds as part thereof to be paid at Whitsunday 1641, with three hundred merks more as expenses, in case of failing, another thousand pounds at Martinmas following, with other three hundred merks as expenses, and the sum of two thousand merks, with four hundred merks as expenses, at Whitsunday 1642, as full and complete satisfaction and payment of the five thousand merks before mentioned. James Grant also promises to relieve and keep skaithless his cautioners above named, and Kenneth Mackenzie obliges himself to build a sufficient dwelling-house, with chambers and others, upon the lands of Wester Logie, the house to be such as will be competent to the estate and according to the custom of the country. Both parties, for better security, consent to the insertion and registra- 456 ABSTRACT OF GRANT [1640- tion of the contract in the Books of Council and Session, Slieriff or Commissary Books of Inverness, to have the strength of their authority, and that letters and executorials of horning and poinding may pass thereupon. Dated at Kinlos, 17th October 1640, and subscribed by James Grant of Freuquhye, K. M°Keinzie of Ger- loche, and Anna Grant, and by Duncan Grant and Patrick Grant as cautioners. The witnesses are Thomas McIvenzie of Pluscarden, William Fraser of Culboky, Colin Mackenzie of Tawie, James Gibsone of Muldaries, Robert Grant, brother-german to James Grant, Colin Mackenzie parson of Abernethie, Mr. Lachlan Grant parson of Moye in Strathern [Strath nairn], and John Donaldsone ; the cautioners subscribing at Mucrothe, 20th October, in presence of Duncan Grant of Clowrie, John McKenzie apparent of Dachkarne, and others. 365. Extract Contract between James Earl of Murray, Lord Doun and Abernethie, for himself, and on behalf of Lady Marie Stewart, his sister, spouse to James Grant of Frewchie, on the one part, and James Grant of Frewchie and Lady Marie Stewart, his spouse, with his consent and for his interest, on the other part : Whereby for the purpose of implementing and extending a bond made by James Grant as principal, and certain of his cautioners therein mentioned, in favour of his spouse, before and in contemplation of the marriage solemnised between them, dated 4th April 1640; and of a minute of contract passed between the Earl of Murray on the one part, and James Grant for himself and his spouse on the other part, of day of and year of after the solemnisation of the marriage, James Grant binds himself, his heirs and successors, with all convenient diligence, to duly infeft and sease, by charter and sasine, Lady Marie Stewart his spouse, in liferent in the lands of Over Finlarg alias Mukrothe, with the tower, fortalice, manor place and others thereto belonging ; Mid Finlarg and Nether Finlarg, with the mill of Mucrothe, and mill lands, multures, and sequels thereof; the lands of Auchehangen, Wester Daltulie, and Easter Daltulie, and mill, mill lands, and multures, etc., of the same, in the barony of Strathspey, regality of Spynie, and sheriffdom of Elgin and Forres ; also in the lands and davoch of Duthil, the land of Over and Nether Tullochcrubeine, Easter Geallowie, Delboyak, Little Delrachnie, and Inchloyne; the half lands of Innerlaidnen and Strondow, the lands and davoch of Avielochane, the lands of the quarter of Bolladeane, the lands and davoch of Avemoir, with the mill, multures, and croft thereof; the lands of the quarter of Grannich, the three quarter land of Over and Nether Ducharnie, the lands of Kinveachie Teppell and croft thereof, and the lands of Dachlagie with the pertinents thereof, in the sheriffdom of Elgin and Forres ; also the lands of Knokandoch and Glencumrie, alias Knokandoch, pertaining to the chaplainry of St. Andrew, founded within the cathedral kirk of Murray, with the 1643.] CHARTERS NOT PRINTED. 457 pendicles and fishes thereof upon the water of Spey, and with the corn, waulk mills, mill lands, multures, and sequels of the same, within the barony of Strathspey, regality of Spynie, and sheriffdom of Elgin and Forres; with the lands of Brodland pertaining to the chaplainry of St. Andrew, otherwise called Brodland, founded within the cathedral kirk of Murray, with the pendicles and fishings, etc., of the same, lying as before stated : The whole of these lands to be held by double infeft ments, the one of James Grant of Frewchie and his heirs in free blench for yearly payment of one penny upon any part of the lands above referred to, at Whitsunday, in name of blench farm, if asked ; the other infeftment to be held from James Grant of Frewchie and his foresaids of their immediate superiors of the lands and others above mentioned, in feu-farm, for the yearly payment to them of the duties for the lands of Over Finlarg alias Mukcrothe, with mill thereof, Mid Finlarg and Nether Finlarg, with their pertinents, for the feu-farm, mairts, and custom oats thereof, amounting altogether to the sum of twenty-two pounds, sixteen shillings money of the realm ; for the lands of Auchehangen, Wester Daltullie, Easter Daltuly and mill thereof, twenty-six pounds, thirteen shillings and fourpence ; for the parts and por tions of the lands of Glencairnie thirty-three pounds, ten shillings, as a proportion of the feu-duties belonging to the parts and portions aforesaid, hereby provided to Lady Marie Stewart in liferent; for the lands of Knokeandoch and Glencumrie, with the corn and waulk mills thereof, fourteen merks ; and for the lands of Brodland other fourteen merks yearly, at Whitsunday and Martinmas, in equal portions, in name of feu-farm ; James Grant binding himself to obtain the superior's confirmation of all infeftments and sasines, and to expede all registrations and seals necessary, upon his own charges and expenses : also affirming that he has right thereto for many years to come, James Grant leases, and in assedation lets in liferent to Lady Marie Stewart, his spouse, the teinds, parsonage and vicarage, of all the lands, etc., before specified, entry thereto to be at the decease of James Grant, if she survive him, and thereafter to be enjoyed by her all the days of her life, she paying therefor to the heirs of James Grant, or for their relief to the ministers of the churches on the lands and others before referred to, ten shillings at the term of Whitsunday in name of maill or yearly duty : All which lands, teinds, and others are secured to her free and sure from all impediments or inconveniences whatsoever; and specially James Grant binds himself to warrant to Lady Marie Stewart, his spouse, that the lands and others provided to her in liferent presently pay and shall pay and yield to her during her lifetime the annual rent of threescore chalders of victual, or six thousand merks money over and above the customs, service, and teind duties of the lands, according to a particular rental, with the yearly rents and duties of the lands and teinds subscribed by both parties at the date then instant, which lands 3 M 458 ABSTRACT OF GRANT [1643- and others are provided by James Grant to his spouse, and accepted by her with consent of the Earl of Murray, her brother, in full satisfaction of her terce of all other lands and heritages which may fall to her or which she may claim by the decease of her husband. James Grant also becomes bound to provide his lands and estate to the heirs-male procreated between him and his spouse, whom failing, to his nearest heirs-male whatsoever heritably ; also to provide for any daughters they may have between them, they being debarred from succeeding to him in his lands and others in the event of there being no heirs-male procreated between them ; if there be only one daughter, twentj^-two thousand pounds Scots ; if two daughters, to the eldest twenty thousand merks, and to the youngest thirteen thousand merks ; and if there be three or more daughters, to the eldest ten thousand pounds, and to the others twelve thousand pounds, divided equally among them ; the money to be paid to them when they attain the age of fifteen, and until then they are to be educated and entertained suitably to their rank and degree : When they reach the age of fourteen and until they be either married or attain to the age of fifteen, they are to receive each of them for their own parts, annual interest for the sums just stated at the rate of merks yearly, for each hundred merks thereof; and from the time they are married or reach the age of fifteen, interest for the said sums at the rate of eight merks yearly for each hundred merks, until they are completely paid the same : all which sums of money are to be paid to the daughters as above, failing heirs-male of the marriage, in full satisfaction to them of all lands, heritages, sums of money, goods, gear, and other benefits whatsoever that may or shall pertain to them, or that they may claim by or through their father's decease, or the decease of any of their predecessors, as heirs of line to him or them, and whereof they shall be held to denude themselves in favour of and at the expense of the heirs-male referred to. For which causes James Earl of Murray has now made jjayment to James Grant of Freuchie of twenty-two thousand pounds money of the realm, stated in the minute of contract before mentioned, James Grant acknowledging that he has received the same; which sum of money is declared to be in full satisfaction to James Grant and his spouse of all lands, annual rents, and others specified in a renunciation and discharge made and subscribed by them in favour of James Earl of Murray, of the date of this con tract, and which they both ratify and approve, dispensing with inserting it in the contract ; and finally, James Grant and his spouse are taken bound to appear before an ordinary judge and ratify and approve of the contract, she giving her oath that she will never impugn the same. With clause of registration. The contract is dated at Forres, 19th May 1643, and is subscribed by James Earl of Murray, James Grant of Frewquhy, and Marie Stewart. The witnesses are 1649.] CHARTERS NOT PRINTED. 459 Alexander Dunbar of Westfield, Alexander Brodie of Lethen, Harry Home of Argaty, Mr. David Stewart of Newtoun, James Spence of Alver Kirktoun, and others. Registered in the Books of Council and Session 10th June 1648. 366. Decreet-Arbitral pronounced by James Grant of Freuquhie, Patrick Grant of Tullochgorme, Swein Grant of Gartinbeg, Duncan Grant of Clurie, James Grant of Auchterblair, Robert Grant of Glenbeg, as oversman and judges arbiters in terms of a submission, dated at Freuquhie, 9th March 1647, to the said Patrick Grant and Swine Grant on the part of James Grant of Auchcherneck, and to the said Duncan Grant and Robert Grant on the part of John Grant of Lurg, anent the mill of Bray- Abernethie, and debateable marches. The arbiters and oversman decern that John Grant of Lurg, and his tenants, subtenants, cottars, and others, posses sors and occupiers of the davoch land of Claichaig, shall pay multures, " kneacheip and bannock," at the mill of the Breas of Abernethie, as the remaining "suckinn'' astricted to the mill are in use to pay; and also that the multures claimed by James Grant of Auchchernaig for preceding years, and the hundred merks claimed by John Grant of Lurg from James Grant, be referred to the decreet-arbitral of John Grant of Minness, and Alexander Grant of Alachie ; and that their decreet be appended to the present one on the first Tuesday of August following. With clause of registration. Dated at Ballachastell, 9th March 1647. The decreet of John Grant and Alexander Grant above mentioned is not given. 367. Indenture between James Grant of Freuquhye on the one part, and Robert Torrie and David Mason, masons, on the other part, whereby the latter bind themselves, their heirs and successors whatsoever, to raise and mount the side wall chimney of " the great house " to such a height " that it reik not," and to make scaffolding to the same at their own charges ; also, to make the battlements of the south and north sides of the old tower water-tight, and " help " the battlement of the east side if necessary ; and also, to make ready sufficient hewn work to serve the wall heads and to mount the chimney high, and "pin and harie the two bittarages " (buttresses?) at the back of the house, as well as all the chimneys and the two towers : For which James Grant binds himself, and his heirs and successors whatsoever, to pay to Robert Torrie and David Mason three hundred merks Scots, one hundred merks thereof at the subscribing of the indenture, another hundred when the scaffold ing of the side wall is completed, and the third hundred at the completion of the whole work ; also, to furnish timber for the scaffolding, to give help of men to put up the same, to carry the stones, lime, and sand to the foot of the wall, to provide ladders sufficient for the work, and to furnish a lockfast house for keeping the 460 ABSTRACT OF GRANT [1649- victuals : Also, Robert Torrie and David Mason as principals, and as cautioner and full debtor, bind themselves as before to mount the side wall chimney that it " reik " not, and to make the battlements of the wall head of the old tower above referred to water-tight, " that they rain not for sewin yeiris," under the penalty of one hundred pounds Scots : It is also provided that if, after they have been " pinned " in, the stones of the wall head be broken by James Grant or his servants, the masons and their cautioner shall not be liable, but if otherwise it be for want of proper workmanship, they will be held liable. With clause of registration. Dated at Ballachastell, 5th June 1649, and subscribed by James Grant of Freuquhy, Robert Torrie, and Dauid Messone. The witnesses are Alexander Grant and others. The indenture is followed on the same paper by a discharge, wherein Robert Torrie and David Mason acknowledge receipt from James Grant of Frewquhie of three hundred merks in complete payment of all the work specified in the foregoing indenture, and that they had got full performance of all the heads, conditions, and obligements therein engaged to; they also oblige themselves to maintain their work for seven years, under the penalty already stated. Dated at Frewquhie, 16th November 1649; subscribed by Robert Torrie, and witnessed by John Grant, fiar of Ballenadallich, and other two. 368. Indenture between James Grant of Frewquhye and John Stanners, slater, whereby the latter binds himself, immediately on the completion of this indenture, to begin and dress and mend all the high and low stone buildings of the manor place and towers of Bellachastel, and the kiln thereof, with the stone buildings, high and low, of the Muckrach, the former maintaining him in his own house during the work at the said buildings and houses : He also takes in hand and obliges himself, being in life and health of body, God willing, to enter on the 1st of March then next to come 1650, and sufficiently to point, dress, and repair the buUdings and houses above specified, at the sight of honest and good workmen of that kind, and to provide the slates requisite for the same : For this work James Grant becomes bound to pay him one half cross-dollar and one firlot of meal for each rood of the works pointed, and eight pounds, with one half boll of meal, for each rood of new work, if it should be found necessary to work a new slate work : Further, John Stanners comes under obligation to uphold the work sufficiently water-tight on his own charges during the space of seven years after the same is completed ; the party contravening the heads, conditions, and particulars of the indenture, or any part of them, to pay to the other not contravening the same, the sum of fifty pounds money. With clause of registra tion in usual form. Dated at Bellachastell, 1st November 1649, and subscribed by James Grant of Frewquhie. The witnesses are, Robert Torrie, mason, Duncan 1652.] CHARTERS NOT PRINTED. 461 Grant, John Packman, and Mr. Alexander Grant. It is noted at the end that at the making of the indenture John Stanners had received from James Grant ten pounds money in part payment of the work. 369. Note of the Heads and Conditions agreed upon between James Grant of Frewquhie and John Innes alias McInves, fowler, as follows : — (1.) The said John Innes, fowler, obliges himself to serve the said James Grant of Frewquhie for the space of five years following Whitsunday last 1652, and furnish the said James Grant's house with " water fowles off all kynd, viz. duick, and dreak, teall and ateall, and wtheris off that kynd, and with muirfowl and pertridge, and all otheris off that quantitie," for five years from Whitsunday 1652 till Whit sunday 1657. For which the said James Grant obliges himself to give the fowler a free house and a free acre of land, sowing six firlots victual, in the town of Bellachastell, for the five years, save that in the present year he is to have his house in the town of Muckrache, because he cannot be accommodated in the town of Bellachastell : also to pay the said fowler 3s. Scots for each fowl of the foresaid kind delivered to the servants for the use of the house between Martinmas and Whitsunday, and 2s. Scots for each fowl of the foresaid kind delivered between Martinmas and Whit sunday ; also for each black-tailed poult and " man" tailed partridge 2s. Scots; and for other poults that are not black nor " man" tailed, what sum he pleases. (2.) The said John Innes obliges himself to work or train as many fowling dogs as he is able to work, for the said James Grant's use, one after another ; and for each dog so trained the said James Grant obliges himself to give him six firlots victual and a "rogh hyd." Both parties oblige themselves to fulfil the premises under a penalty of £40 Scots. Dated at Frewquhie, 9th August 1652. 370. Indenture between Dame Marie Stewart, Lady Grant, on the one part, and John Patersone and William Farquhar, burgesses of Forres, on the other part, whereby the latter bind themselves, conjunctly and severally, to provide and furnish Lady Grant with as much good and sufficient flour and aquavitae as she shall demand or require from them, from the date then instant to Martinmas 1653; the flour to be given with the best and largest firlot belonging to any maltman in Forres, and the aquavitae with a sufficient Flanders measure : Lady Grant to pay to John Paterson and William Farquhar twelve pounds Scots money for each boll of sufficient flour she shall receive, and two merks money for each pint sufficient aquavitae given to her or her servants for her use, upon her desire or precept thereanent, with the measures respectively above specified. The payment of the flour and aquavitae, according to Dame Marie Stewart's receipt for the same during the time above 462 ABSTRACT OF GRANT [1652- written. to be delivered to John Paterson and William Farquhar in one sum at Martinmas 1653, or the half thereof at Whitsunday 1653, and the other half at Martinmas following as they desire. Both parties oblige themselves to fulfil the whole premises in all points under a penalty of forty pounds money, to be paid by the party failing to the party performing. With clause of registration. Ballachastell, 15th October 1652. Subscribed by Marie Stewart and John Paterson. The witnesses are William Lamount, Alexander Grant, and Alexander Grant. 371. Letter of Pension, by which James Grant of Freuquhy becomes bound to cause his chamberlain of Inverallan pay and deliver yearly to Alexander Cumming, his piper and violer, twenty merks Scots money out of the duties of the parish of Innerallan for the space of five years ; the said sum to be peaceably uplifted by Alexander Cumming from the chamberlain, at the term of Whitsunday 1653, and so forth during the space before stated. For which sum Alexander Cumming binds himself, by the faith and truth of his body, to give bodily service and attendance to James Grant, or any other belonging to him, at his command, when and as often as the same shall be required of him, he being always in health of body. For security of all which the donor consents to registration thereof in the High Court Books of Justice or Sheriff-Court Books of Inverness, to receive the strength of either of their decreets, that letters may pass thereon. Dated at Frequhy, 5th April 1653. Witnesses, Alexander Grant, and others, servitors to James Grant. 372. Contract between Mungo Grant in Duthel on the one part, and John Grant of Gartinmoir for himself, and on behalf of Elspet Grant, his daughter, and Elspet, for herself, her own interest, and with her consent, on the other part, for the marriage of Mungo and Elspet between the date of the contract and the last day of then next to come, John Grant of Gartinmoir and his heirs becoming bound to pay and deliver to Mungo Grant and his heirs, in name of dote and tochergood with Elspet, his daughter, two thousand merks usual Scots money, betwixt the date of the contract and Whitsunday 1665, without longer delay, fraud, or guile, together with four hundred pounds Scots as liquidation of expenses in case of failure, over and above the principal sum, and also the annual rent of the principal sum yearly, termly, and monthly, so long as the sum shall remain unpaid after the term above stated. In contemplation of which marriage, Mungo Grant and his heirs become bound to furnish, eik, and add to the above two thousand merks, other two thousand merks to complete and make up the sum of four thousand merks, and that at the term and year before stated, that the same may be laid out in lands or annualrents, at the sight of both parties and their heirs, to the utility and profit of Mungo and 1666.] CHARTERS NOT PRINTED. 463 Elspet, his future spouse, during all the days of their life, and to the longest liver of them, and after them to the heirs to be procreated between them, whom failing, to the nearest heirs and assignees whatsoever of Mungo ; the money, if lifted at any time, to be laid out anew by advice of both parties as at first. In the event of Mungo acquiring or inheriting any lands, heritages, or sums of money during the lifetime of Elspet, he binds himself to acquire the one-half thereof to Elspet during her life, and the whole of the same heritably to the heirs to be gotten between them, whom failing, to the nearest heirs and assignees whatsoever of Mungo. The usual clause of registration follows. Dated at Ballachastell, 12th May 1664, and subscribed by Mungo Grant and John Grant. The witnesses are, Lieutenant- Colonel Patrick Grant and others. 373. Contract between John Byres of Coates and Lilias Grant, lawful daughter to the deceased [James] Grant of that Ilk, as follows : — John Byres, for fulfilling his part of the agreements made and concurred in before the marriage solemnised between him and Lilias Grant, and for other causes to be shortly stated, becomes bound with all possible diligence to infeft and sease his said spouse in liferent, in all and whole the annualrent of ten chalders good and sufficient bear, with a hundred and twenty pounds Scots for the rent of a dwelling-house to her to dwell in, to be uplifted in equal portions at Whitsunday and Martinmas, free of all teind duties, minister's stipends, or other burdens whatsoever, forth of all and whole the lands of Coates, comprehending the lands, acres, tenements, superiorities, and others mentioned in John Byres's infeftment of the same, with houses and pertinents thereof, in the regality and barony of Broughtoune and sheriffdom of Edinburgh, or forth of any portion of these lands, and readiest mailis and duties of the same, by double charters and infeftments, the one to be held of John Byres and his heirs, and the other of the immediate superiors of the lands, in free blench farm, for the yearly payment of one penny, if asked, he also binding himself to complete, seal, subscribe, and deliver to Lilias charters and other necessary writs to that effect, containing ample warrandice in the manner afterwards laid down : also, John Byres becomes bound to warrant and defend the above infeftments in all the terms of them as there specified in liferent, from all perils, dangers, and inconveniences whatsoever, whereby Lilias might be hindered or prejudged in the peaceable possession of the same : John Byres further conies under obligation to provide to the heirs-male procreated between them as much of the lands and estates of Coates as will extend in yearly rent to ten chalders of bear ; and if there should only be female heirs, to divide the ten chalders of bear among them, by the advice of one or two friends chosen by either of the parties, by whose advice the heirs-female referred to are obliged to 464 ABSTRACT OF GRANT [1666. marry. Entry to the rents and duties of the ten chalders to be at the first term of Whitsunday or Martinmas after his decease. In the meantime, John Byres binds himself to sustain, entertain, educate, and upbring the foresaid children in a manner becoming their rank and estate, providing that if George Byres, his eldest son, shall depart this life, so that the children had between John and Lilias shall succeed to the whole estate, the obligation to provide ten chalders of bear shall be null, and in case of such event, John Byres binds himself to add to the liferent provision of Lilias, his spouse, the manor place of Coates, with the houses, buildings, pertinents, and others belonging thereto, in lieu of the one hundred and twenty pounds, together with a yearly duty of three chalders of victual further to be uplifted of the lands, and at the terms before stated, to be over and above the ten chalders of bear already provided to her in liferent, which additions are to be made over to her in liferent by double infeftment, to be held, and with warrandice, in manner as aforesaid. He also binds himself that where he shall acquire any lands, heritages, or others during the period of the marriage, he will acquire the half thereof to Lilias in liferent, and the whole of the same to the heirs procreated of them, in fee : Which liferent provision Lilias accepts in full satisfaction of all conjunct-fee, liferent terce, or third of all lands, heritages, goods, and others which shall pertain to John at his decease, without prejudice to Lilias of her third of the moveables of John's dwelling-house, and insight and plenishings thereof, which is reserved to her. Lilias, on her part, constitutes and ordains John Byres, her husband, and his heirs, her undoubted and irrevocable cessioners and assignees in and to all debts, sums of money, bonds of provision, goods, gear, and others which she shall in any way fall heir to, or which shall pertain to her, dispensing with a more particular enumeration of the same, and declaring the present assignation thereto in all respects effectual and sufficient, giving him power to receive and intromit with the debts, sums of money, and others, and to dispone and use the same at his pleasure, and do all other things therewith which she could have done before the date of this contract. With precept of sasine in favour of Lilias, and clause of registration. The contract is dated at Coupar of Fyfe, 26th May 1666, and is subscribed by Jo. Byers and Lillias Grant. The witnesses are, George Marquis of Huntly, W. Scott of Ardross, John Saintserf, doctor of medicine, Major William Arnott, Andrew Patersone of Kilmonie, and Captain Francis Stewart. The deed is also signed by Marie, Marchioness of Huntly, sister of Lilias Grant, although she is not otherwise mentioned in it. 374. Disposition by David Cuming of Kinchirdie, wadsetter of the towns and lands under written, with consent of Issobell Dunbar, his spouse, for their interest, and the said 1667.] CHARTERS NOT PRINTED. 465 David taking burden upon him for his said spouse to the following effect: That whereas the deceased James Grant of Freuquhie, by contract containing disposition, of date at BaUachchastle, 9th September 1662, for the sum of 3300 merks Scots money, disponed heritably under reversion to the said David, and his nearest heirs and assignees whatsoever, and to the said Issobell Dunbar, his spouse, in life rent, the town and lands of Kinchirdie, mill, mill lands, multures, knaveship, bannock and sequels thereof, with the ferry-boat or coble of Kinchirdie on the water of Spey, coble croft thereto pertaining, yearly profits of the said coble, with salmon fishing of the said lands on the water of Spey, on the pools and fords thereof, used and wont, with pertinents, shealings, and pasturages of the same in property and commonty, and in particular the shealing properly belonging to the said lands, called the Third of the Wein, lying locally in the Brayes of Glenkernie, near the water of Dullan, formerly a part of the shealings of the lands of Aviemor, but by the said contract disponed to him and his foresaids, and thereby appointed to belong to the lands of Kinchirdie during the not redemption thereof, and tacks after redemption, with power to till the same, and pasture his cattle in the common pasturages and places of the said shealing used and wont, and labour the said shealing place for corns, build " dykes and garthes " thereabout, and to that effect to use timber from any of the said James's woods, with liberty of pasture, fuel, "feall and divott," in any place of the next neighbouring commonty of moors and common pasturages of the lands of Glenchernie, as well without the common reputed marches thereof as within the same, the said lands lying in the barony of Strathspey, regality of Spynie, and sheriffdom of Moray, together with the teinds of the same, both parsonage and vicarage, and with liberty of wood and timber taking from any of the said James's woods of Abernethie and Glenchernie for building and upholding of building on the said lands, and labouring the ground thereof, and other necessary uses ; and the said James, by his charter of the foresaid date, seased the said David and his foresaids heritably, and the said Issobell in liferent, in the said lands, under reversion, to be held of him, his heirs and assignees, in fee and heritage, for payment to him, or for his relief, to his lawful superiors, of £4, 17s. 4d. of feu-duty, with teind duties, etc. Whereas, also, the said James Grant of Freuquhie, by another contract of the same date, for the sum of 4400 merks Scots, sold to the said David Cuming, his heirs, successors, and assignees, in wadset, and under reversion, the three plough lands of Avielochen, with the plough of land of the lands of Delnahaitnich, extending in whole to a davach of land, with teinds thereof, and the grazings and shealings of the said lands called Attinlea, with liberty to labour and plough any part of the said shealings, moorlands of the same, and of the six plough lands, if ever the same had been 3 N 466 ABSTRACT OF GRANT [1667. laboured since the memory of man, etc., in the lordship of Glencarnie, parish of Duthell, and sheriffdom of Moray, in principal, and in case of trouble or eviction, in respect of prior infeftments therein to certain persons by the said deceased James, he in special warrandice of the foregoing granted the lands of Milntoun of Freuquhie, and crofts pertaining thereto, the mills of Bellachastle or Freuquhie and Dellifour, in the barony of Freuquhie, parish of Cromdaill, and shire of Inverness, with teinds included, tolerance of taking timber for necessary uses, etc., and by charter of alienation infefted and seased the said David and his foresaids in the lands, both principal and warrandice, to be held of the said deceased James, his heirs and successors, in feu-farm, during the non-redemp tion thereof, for payment for the principal lands of £11, 9s. 4d. Scots, in name of feu-farm, and teind duties, under reversion, on payment of the foresaid sum of 4400 merks. And now, forasmuch as Mungo Grant in Duthell, brother- german of the said deceased James, had delivered at the making hereof to the said David Cuming, and Issobell Dunbar, his spouse, the sum of 3300 merks, mortgaged in manner foresaid upon the foresaid lands of Kinchirdie, and the other sum of 4400 merks, mortgaged upon the wadset of the lands of Avielochen and plough of Delnahaitnich, extending in whole to the sum of 7700 merks, therefore for the said sum, for his certainty thereof, and for security and redeliverance of the same to him, the said David Cuming, with consent of his said spouse, and the said Issobell for herself and her own interest, and the said David taking burden upon him for her, sell and dispone to the said Mungo Grant, and Elspet Grant, his spouse, in conjunct infeftment, and the heirs gotten or to be gotten betwixt them, whom failing, to the said Mungo's nearest heirs-male whatsoever, the foresaid towns and lands of Kinchirdie and others above rehearsed, with all privileges contained in the contract ; together with the " auchten " part of the said lands of Avielochen called Laggandagown, presently possessed by Patrick Roy. tenant therein, with teinds thereof, great and small, parsonage and vicarage, with fermes, mailis, etc., of the crop and year of God 1667, which is hereby declared to be the first year of their intromission, their entry to be at Whitsunday that year, and so forth during the not redemption of the same from them and their foresaids by the heirs of the said deceased James Grant, with the tacks of the said lands of Kinchirdie that were to follow the redemption thereof. Also the said David sells and dispones for and from him and his foresaids, under reversion, in manner specified in the foresaid contract, to the said Mungo, his heirs-male and assignees whatsoever, the foresaid other lands of the three ploughs of Avielochen (except the foresaid eighth part of Avielochen disponed as above), with the said plough of Delnahaitnich, extending to a davoch of land, with teinds, etc., grazings and shealings of Attinlea, and also 1668.] CHARTERS NOT PRINTED. 467 the lands of the Miltoun of Freuquhie, and mills of Bellachastle or Freuquhie and Dellifour disponed as warrandice. The said David Cuming binds himself and his foresaids to infeft by charter or charters of alienation, the said Mungo and Elspet, etc., in the said lands, to be held from the granter and his fore saids, of the heirs and successors of the said deceased James in feu-farm and heritage, for yearly payment of the feu-duties and teind duties contained in the said contracts of disposition. With clause of warrandice from fact and deed, etc. And further, the said David and Issobell make the said Mungo and his spouse and their foresaids their cessioners and assignees veluti in rem suam, cum disposition libera, in and to their right and infeftment of the said lands, and to the said two contracts and charters, etc., following thereupon, denuding themselves thereof for now and ever. Dated at Gartenmoir, 11th June 1667. Witnesses, John Grant of Gartenmoir, Gregor and Robert Grant his sons. Signed by " D. Cuming " and witnesses. 375. Extract Submission and Decreet-Arbitral following thereon, pronounced by John Earl of Athole, Justice-General of Scotland, as only judge-arbiter chosen by Lauchlane M°Intoshe of Torcastell, for himself and on behalf of Angus McIntoshe, bailie-depute of the regality of Spynie, Alexander McIntoshe of Eister Urquhill, rector, and John Alexander and Malcolm McIntoshe, his sons, and the Laird of MTntoshe aforesaid, for himself and on behalf of the relict and children of Lauchlane MTntoshe, son to the said Alexander M°Intoshe, and WilHam M°Rob, alias M°Keanzie, on the one part ; and Lieutenant-Colonel Patrick Grant, on behalf of Robert Grant of Baldevachill, and James McWillie Voir in Knockendoche, and remaining persons of the name of Grant, and others, with reference to the satisfaction to be made and the punishment to be inflicted for the alleged slaughter and killing of Lauchlane McIntoshe and WilHam McRob, waylaying and invading of Angus MTntoshe and his friends and relations on the King's highway, and shooting, mutilating, and dismembering Angus and several of his company, taking away their clothes, jewels, arms, and money; and anent other things alleged to have been done by Robert Grant, James Moir, and their accomplices: Also anent the "blooding" and wounding of Robert Grant on the highway, in several places of his body, by shots and other wise ; and other wrongs alleged to have been done to Robert Grant and his friends by Angus MTntoshe and his associates. The submission is dated at Dunkeld, 15th August 1668, and is subscribed by John Earl of Athole, as accepting, and the others in presence of John Hendersone of Brabster, Maister George Grant, governor of the castle of Dumbarton ; Duncan McPherson of Cluny, William MTntosh of Borland, Donald MTntosh of Colliechie, John M°Pherson of Innereshie, and 468 ABSTRACT OF GRANT [1668- Alexander Murray, as witnesses. In terms of which submission, John Earl of Athole, as sole judge-arbiter, decerns and ordains Robert Grant, James McWHHevoir, and the remaining persons of the name of Grant, and the Tutor of Grant on their behalf, to deliver up Donald Grant of Farletter, Robert McWilliam in Lettoch, Archibald Grant in Camdell, John Grant in Lettach, and Robert Grant, bastard, in Ardwell, and other eleven persons named, or any two of them, at the option of the Tutor of Grant, to the Justice-General or his deputes, betwixt the date then instant and the 1st of January following, without further delay, to underly the law for all crimes laid to their charge at the instance aforesaid ; or to content and pay to the Laird of McIntosh, as taking burden upon him as before stated, four thousand merks Scots at the 1st of January above named, to be applied for the use and behoof of the relict, children, and nearest of kin of the persons slain, and for defraying the expenses of the criminal action raised thereanent. Also for mutilating and wounding Angus McIntoshe, the Earl ordains Robert Grant to subscribe and deliver a bond, obliging himself and his heirs to pay to Angus and his heirs one thousand merks Scots, by the date already stated, with expenses in the event of failure, or banish himself from Scotland for the remainder of his life, or at least for seven years. In like manner he ordains the Tutor of Grant, for himself, and taking burden as above, to redeliver or cause to be redelivered the whole arms, jewels, and other goods taken from Angus and his friends, conform to a subscribed note given in by him, and the value of the undelivered goods, upon his oath. The Earl further acquits Angus McIntosh and his alleged associates to be free of the crimes declared to have been done by him and them against Robert Grant and James Moir, and their friends and followers, and appoints the Tutor of Grant, for himself and others as stated, to pursue at law one of the above named persons (Donald Grant, etc.) before the sheriff of Inverness, or to pay to the Laird of McIntosh the sum of 4000 merks as specified. The respective parties are to give discharges the one to the other, and sufficient and valid letters of slains for all alleged crimes and wrongs preceding this decreet, excepting always those persons who are to be delivered up. With clause of registration. The decreet is dated at Dunkeld, 15th August 1668, and is subscribed by the Earl and all the parties in presence of the witnesses above named. Registered at Dunkeld, 17th August 1668. 376. Latter Will and Testament of Alexander Fraser, Tutor of Lovat, by which he recommends his soul to God and ordains his " tabernacle of clay " to be interred with all decency within the He of Kirkhill, and appoints Dame Sibilla McKenzie, his spouse, his sole executrix, leaving and bequeathing to her his whole crop of com of whatsoever kind, insight plenishings, heifers, cows, cattle, sheep, sums of money, 1671.] CHARTERS NOT PRINTED. 469 bands, obligations assigned to him or that he has right to, and other moveable and immoveable goods and gear whatsoever pertaining to him and that shall pertain to him at the time of his decease. Dated at Tomach, 9th November 1669, and subscribed " Al. F. Lowatt." Witnesses, Allan Fraser and John Fraser, servants to Alexander Fraser. 377. Contract between Ludovick Grant of Freuchie on the one part, and Alexander Brodie, younger of Lethin, for himself and on behalf of Janet Brodie, his daughter, and the said Janet for herself, on the other part, for the marriage of Ludovick to Janet betwixt the date of the contract and day of December 1671, in contemplation of which marriage, Ludovick, with consent of his friends and curators, binds and obliges himself and his heirs to duly and sufficiently, by charter of liferent and fee, infeft, vest, and sease Janet in her pure virginity for the period of her lifetime, and the heirs-male to be procreated between them, whom failing, the nearest male heirs of Ludovick, in all and sundry the lands of the barony of Mulben, with the tower and fortalice thereof; the mill of Mulben, with the mill lands, multures, and sequels thereof; the lands of Meikle Belnabruich, with the fishings thereof; the lands of Little Belnabruich, Delmaine, and others, their universal pendicles and pertinents, tenants, tenandries and other pertinents thereof belonging to Ludovick in the parish of and sheriffdom of Elgin and Forres : The lands of the barony of Freuchie, with the castle and fortalice thereof, mills, multures, fishings, and universal pertinents thereof, viz. : — Castletoun of Freuchie, Dellifoures, Auchnagalles, two Culquhoiches, Lettoch, two Connegaess, Aultcharne and Glenlochie, Mills of Freuchie and Delliefour, multures and sequels thereof, woods, fishings, annexis, connexis, and universal pertinents thereof, incorporated in a free barony, called the barony of Freuchie, in the sheriffdom of Inverness ; the lands of the baronies of Cromdell and Glenbeg, now united and incorporated in one free barony called the barony of Cromdell, comprehending the lands of Lethindie, with the tower, fortalice, and manor place thereof, and houses, mills, mill lands and multures thereof; the lands of Over Auchroisk, Mid Auchroisk, Nether Auchroisk, Garrowlyne, lands of the Kirktoun of Cromdell, lands of Rynaballich, Dellichappell, Inverellen, Gaeich, Glenbeg, Craggan and Dreggie, with the mills and fishings thereof; the lands of the two Auchnarrowes, with their pendicles and pertinents ; the lands of Dounan, Easter, Mid and Wester Portes, with their houses, parts, pendicles, mills, mill lands and multures thereof, also the liberties, profits, woods and fishings, etc., of the same contained in the original writs, securities and infeftments of the whole lands of the baronies of Freuchie and Cromdell, in the parishes of Cromdell, Inverellen and Abernethie respectively, and sheriffdom of Inverness; the lands of Knockandoche 470 ABSTRACT OF GRANT [1671. and Glencumrie, sometime pertaining to the chaplainry of St. Andrew, and otherwise called Knockandoch, founded of old in the Cathedral Kirk of Moray, with the parts, pendicles, and fishings thereof on the water of Spey; the lands of Broadland, belonging to the same chaplainry, with the parts, pendicles, mills, mill lands, multures, woods, fishings, and other pertinents, in the barony of Strathspey, regality of Spynie and sheriffdom of Elgin and Forres ; the two lands of Knockandoch and Glencumrie, comprehending the towns and lands of Nether Borloum, Over Borloum, and Mid Borloum called Kerkdow, Lagmulloch, and Drum- gilbon, lands of Lyne and Glencumrie, Auldwinnie, Crachingloshen, Knockannes, Lechindarroche, Garrowlinemoir, Garrowlinebeg, Clune, Over Tomdow, Nether Tom- dow, Walkmylne, the Walkmylne Croft and other crofts called Permaphoyes Croft, Martines Croft and Croft Laggan, with the pertinents before referred to : And also in all and sundry seven eighteen parts of the mains of the lands of Overfynlarg or Muccroth, one of which is possessed by John Cruickshank in Auchnahandett, and the others by Mr. William Smith, minister at Duthell, Mr. Allan Grant and others, with the mill of Muccroth and mill lands thereof, with the lands and croft ; the house or castle of Muccroth and other houses and pertinents belonging thereto, lying in the parish of Inverellen, regality of Spynie, and sheriffdom of Elgin and Forres, together with the whole customs, services, and pertinents of all the lands above specified, and the great customs of the seven eighteen parts of the lands of Over Fynlarg or Muccroth : Or in lieu of the house and castle of Muccroth, at the option of Janet and her father, Alexander Brodie, she shall have the house sometime belonging to the Marquis of Huntly, and now the property of Ludovick Grant, standing within the college of Elgin : All which before mentioned lands, houses, castles, mills, mill lands and others are to be held by Janet in liferent and conjunct fee by two several infeftments, one to be held of Ludovick and his heirs-male and successors in feu for the yearly payment of twelve shillings Scots at Whitsunday in each year if asked ; the other of his immediate superiors of the same in the like form of holding as Ludovick and his predecessors held them, with warrandice and other necessary clauses, for security in liferent and conjunct fee provision, Ludovick binding himself to give the same : Ludovick also binds himself that the lands of the barony before designed, the towns and lands of Knockandoch, Glencumrie and others thereto belonging, and their pendicles and pertinents already enumerated, shall be worth, according to a particular rental thereof submitted by him of the date hereof, in money and victual, reckoning the chalder of victual at one hundred merks Scots, the full sum of five thousand merks Scots, with the customs not included, free of all duties and burdens whatsoever : And the said Janet Brodie, for herself, and with consent foresaid, accepts the lands and others of the barony 1671.] CHARTERS NOT PRINTED. 471 of Mulben, Knockandoch and Glencumrie, the lands of two Auchnarrowes, Downan. AuchnagaUes, Delliefoures, two Culquhoiches, Lettoch, lands of MUnetoun of Freuchie and mills of Delliefour and Freuchie, with the pendicles and pertinents thereof, the lands of Muccroth and mill thereof, with the castle of Muccroth or the house of Elgin in exchange for it, in full satisfaction of her liferent and right, title, and claim in and to any of the before mentioned lands and others, not withstanding the infeftment to follow hereupon, or any other that may follow and be given to her upon the same : She binding herself never to crave or seek the other lands of the baronies of Freuchie, Glenbeg, and Cromdell, by way of liferent or conjunct-fee provision. With clauses of warrandice. Ludovick Grant also binds himself, in the event of his purchasing or acquiring any lands or teinds heritably or upon reversion, or any sums of money, to acquire the one-half of the same to Janet in liferent, and the whole heritably to the heirs-male to be procreated between them, and failing them, to be as aforesaid : also, if there be heirs-male of their marriage, Ludovick binds himself to provide that they shall succeed him in all and sundry the whole lands and others before mentioned, etc. : In the event of there being no sons of the marriage, but only daughters, he obliges himself, his heirs and successors, to content and pay to such daughters, if there be only one, the sum of twelve thousand pounds Scots money; if two, the sum of sixteen thousand pounds Scots ; if three, the sum of twenty thousand pounds Scots ; and if four or more, the sum of forty thousand merks ; to be paid to them when they and each of them respectively reach the age of fourteen ; and till then to main tain, educate, and train them up honourably and virtuously, in meat, drink, clothes, bedding and boarding at schools suitable to their birth and parentage ; the sums provided to be paid to them, or if there be two or more of them, to be divided between them by the advice and at the discretion of Alexander Earl of Moray, Alexander Lord Duffus, Patrick Grant, late Tutor of Grant, and Patrick Grant of Elchies, friends on the father's side, and of Alexander Brodie of Lethin, Alexander Brodie of that Ilk, James Brodie apparent thereof, David Brodie of Petgownie, George Pringle of Torwoodlie, Ludovick Craig of Riccartoun, and Mr. James Brodie, brother to Alexander Brodie, or their representatives, etc., with provision that if the education and maintenance of one or more of the daughters should be neglected, and they betake themselves to any of their friends for the same, Ludovick shall pay for their said sums a proper yearly interest : It is also provided, that should Janet outlive Ludovick, and desire the sum of five thousand merks to be paid to her in liferent, or during her pleasure, in satisfaction of the rents, etc., of the lands and others aforesaid, rather than to keep the same in her possession of tenandry and uplift the rents and others therefrom, Ludovick and his heirs shall pay to her the said sum 472 ABSTRACT OF GRANT [1671- after the terms of payment of the ordinary annual rents of the same ; Ludovick and Janet further mutually bind themselves, that if she survive him, and have one heir- male of their marriage succeeding to him in his estate and heritage, and other children then alive, then and in case of her being married to another she shall restrict herself to the yearly payment of four thousand merks, with provision that the other thousand of the five thousand merks be yearly paid and applied for the use of, and be made forthcoming to any of the children begotten between them, Janet appointing the destination thereof, which failing, the money to return to herself: For accomplishing of which marriage and infeftments to follow upon this contract, Alexander Brodie of Lethen, as principal, and David Brodie of Petgownie, his brother-german, as cautioner, bind themselves and their heirs to pay to Ludovick and his heirs, in name of tocher-good, with Janet, twenty thousand pounds Scots, eight thousand pounds thereof at the term of Martinmas then following, in the year 1672, other eight thousand pounds at the same term the year after, with two thousand pounds for expenses in case of failure, and four thousand pounds at the term foresaid and year 1674, with one thousand pounds as modified expenses in case of failure; the twenty thousand pounds to be in full satisfaction to Janet and Ludovick and their heirs of the marriage-contract made between Alexander Brodie, younger of Lethin, and Elizabeth Craig, parents to Janet, and of all contracts, writs, legacies, testaments, and portions in her favour, or appertaining to her and her husband, for his interest, through the death of her parents, or any of them. With clause of registration. Dated at Ballachastle and Lethen, the 21st and days of December 1671, and subscribed in duplicate by " Ludouick Grantt of Freuquhye," " Janet Brodie," and " Al. Brodie," and others. 378. Extract Disposition by Dame Sibilla Mackenzie in favour of Lieutenant-Colonel Patrick Grant, Tutor of Grant, her husband, whereby for sums of money advanced for her by the latter, and debts owed by her to him, before their marriage, and because of her respect for him and divers other onerous causes moving her thereto, she assigns and dispones to him and his heirs and assignees, the gift of escheat of the late Alexander Fraser, Tutor of Lovat, her deceased husband, dated at Edinburgh, the of one thousand six hundred and years, expede in her favour ; giving Patrick Grant full power to purchase declarator thereupon in his own or her name, transferring from her and her heirs all right, title, and interest therein, and all benefits which can accrue or arise thereby to or in favours of him and his foresaids, and substituting him in her place to do thereanent as freely and validly as she could have done. She likewise assigns and dispones to him her liferent right to the lands of Glenelg, with power to uptake the rents and do every- 1674.] CHARTERS NOT PRINTED. 473 thing relating thereto during the period of their life in the same way that she could have done before this contract ; also the whole moveable goods and gear upon the town and lands of Tomach, and other pertinents, laboured crop and year 1672, with horses, mares, kine, oxen, sheep, goats, corn, oats, bear, peas, wheat, etc., and what ever she has right to there or elsewhere, except the third part of the clothes, bedding, napery in Tomach, which she bestows on Anna Fraser, her lawful daughter; disponing also to the said Patrick the ground duty payable by the possessors and tenants of the lands of Tomach for the crop 1672, and crops preceding, still owing to her, with power to intromit with and do otherwise thereanent, as with his own proper goods in all time coming. With clause of registration. Dated at Elchies, 21st June 1672, and subscribed by Sibilla Mackenzie before Patrick Grant of HillhaU, Alexander Grant of Alloquhye, William Grant of Cardells, Robert Grant, natural son to Patrick Grant, Tutor of Grant, and John Innes, as witnesses. Registered at Nairn, 26 th June same year. 379. Contract of Excambion between Ludovick Grant of Freuchie and John Grant of Corriemonie, narrating that as the town and lands of Carnoch and Kerrownakeill, the property of Ludovick, being a proper part of the lands of the barony or lordship of Urquhart, in the sheriffdom of Inverness, lie near adjacent to the lands of Corriemonie, the property of John, and come between the other lands of Ludovick in the barony of Urquhart, and the remaining lands of John in the barony of Corriemonie, and also that the towns and lands of Pitcherrell Cray, the property of John, and a proper part of the lordship or barony of Urquhart, and the 40 shilling lands of Auchatemrack, a proper part of the barony of Corriemonie, lie distant from the other lands of John in the barony of Corriemonie, are interjected between the lands of the barony of Urquhart and are more contiguous with the remaining lands of Ludovick of the lordship of Urquhart ; and that both parties for their better advantage have agreed and condescended to an excambion of the lands of Carnoch and Kerrownakeill and their pertinents, with the lands of Pitchirrell and Auchatemrack, with their pertinents ; for these and other causes and considerations, John Grant, for himself and his heirs, sells and by way of excambion dispones without any reversion or redemption whatsoever, to Ludovick Grant and to his heirs and assignees whatsoever, all and whole the lands and towns of Pitcherrell Cray, a 40 shilling land in the old evidents thereof, with the houses, woods, fishings, pastures, liberties, profits, and other pertinents of the same, in the barony of Urquhart, and of old in the barony of Corriemonie : Also all and whole the towns and lands of Auchintemrack, still a part and pendicle of the lands of the barony of Corriemonie, extending to a 40 shilling land of old, with their houses, tofts, 3 o 474 ABSTRACT OF GRANT [1674- crofts, pendicles, woods, fishings and other pertinents, in the barony of Corriemonie ; renouncing and overgiving the whole to and in favour of Ludovick as aforesaid, vvith right, title, and security of the same for ever, obliging himself to infeft, and, also for delivery of the writs thereto belonging. It is also declared that Ludovick's; entry to the lands and others commenced at the term of Whitsunday preceding the year then instant 1674, John Grant acknowledging his entry to the same to be already good and valid, and constituting him his undoubted and irrevocable cessioner and donator in and to the rents, mailis, duties, customs, and profits thereof payable at the terms of payment of the crop and year then instant aforesaid, and of all years and crops thereafter ; with clause of warrandice. And further, John Grant having right to the multures of the lands above specified and their pertinents, as being bound sucken to his mill of Meklie Mor for payment thereat, conform to use and wont, he, in exchange for the multures of the lands and others after referred to dispones to Ludovick heritably and irredeemably all the multures and sequels of the lands of Pitcherrellcroy and Auchintemrack, with their pertinents, that the same lands with their pertinents may be astricted by him to any mill Ludovick pleases for grinding the corn thereat. On the other hand, Ludovick sells and dispones to John Grant of Corriemonie, and to his heirs-male and assignees whatsoever bearing the arms and surname of Grant, all and whole the towns and lands of Kernoch and Kerrownakeill, called in the original writs of the same the four pound lands of Morull, with the dry multures thereof, and with the houses, tofts, crofts, parts, pendicles, and other universal pertinents thereof, in the barony of Urquhart, together with all and whatsoever right, title, property and possession of the same competent to him and his predecessors ; together with the rents, mailis, customs, and profits of the same of the year and crop then instant 1674, payable at the usual terms, and of all years and crops thereafter, with power to uplift the same ; reserving forth from this disposition the writs of the teinds of the lands which are not included in this disposition. Ludovick likewise irrevocably nominates and constitutes John his cessioner and donator in and to the multures, duties, rents, profits and others whatsoever payable furth of and for the lands of Kernoch and Kerrownakeill and their pertinents for ever. Ludovick also binds himself for John's further security duly and effectually by charter of feu and heritage, containing clause of warrandice and other requisite clauses, with precept of sasine in the end thereof, under his seal and subscription, to sease and infeft him in all and whole the lands and others above named, to be held by John of Ludovick heritably in feu and heritage and blench holding, for the yearly payment of two pennies Scots at Whitsunday term in name of blench duty if asked, and observing according to the proportion of the lands the express conditions and provisions of service contained in Ludovick's original infeft- 1691.] CHARTERS NOT PRINTED. 475 ments as due to the superiors of the lands. Ludovick also becomes bound to relieve John of all bygone taxations, annuities, and impositions whatsoever imposed before the term of Whitsunday preceding the date of this contract ; and also to enter him and his foresaids in the peaceahle possession and enjoyment of the lands, towns, and others, with power to thirl and astrict the lands at his pleasure to his foresaid mill of Meikliemor or any other mill ; and likewise to give him at his desire any copy or extract of the writs of the lands at his own expenses. With clause of registration. The contract is dated at Ballachastle, 21st July 1674, and is subscribed " Ludouick Grantt of Freuquhye." " J. Grant." The witnesses are Mr. Alexander Grant of Mylnetoun of Freuquhye and others. 380. Notarial Instrument, proceeding on and narrating a discharge and renunciation ad remanentiam of the same date, whereby Sir James Grant of Dalvey renounces in favour of Ludovick Grant of Freuchie, superior of the lands underwritten, his heirs- male and of tailzie, the town and lands of Garthinbeg, extending to three-quarters of the davoch land of Garthinbeg, then possessed by Sueton Grant, eldest son and apparent heir of the late John Grant McConduhie in Garthinbeg and his subtenants, mill of Dummoyle and mill croft thereof, with multures of the whole cottars and crofts in the dauchland of Tullochgorme, Clourie, Garthinbeg, Dum- moylie, seven aughten parts of Kinveachie, the three aughten parts of Nether Duchcharn, and six eighteen parts of Dachlaggie, with the knaveship of the foresaid lands, in the lordship of Glencharnie and shire of Elgin and Forres, wadset by the deceased Sir John Grant of Freuchie to the said Sueton Grant for 3500 merks, by contract of wadset, dated 15th April 1630; also, the three plough land or six eighteen parts land of Over and Nether Docharnes, the seven eighteen parts land called Kinveachie Tapple, Croft thereof called Croft Mulnack, the four eighteen part land of Inchloyen, with Dauchlagie, in the parish of Duthel and lordship of Clachernich, as principal, with the three ploughs or six eighteen part land of the Dauch of Mukroch, in the Braes of Abernethie, and the half davoch of Bodlfourt, in the lordship of Abernethie, in warrandice, wadset by the deceased James Grant of Freuchie to the said Sueton Grant for 7250 merks, by contract dated 24th May 1656, and in which the said Sueton Grant infeft the said Sir James, then his second son, for security of 2000 merks, payable at the said Sueton's death; to both which contracts of wadset Sir James has right by a disposition granted by his father to him, dated 9th June 1685, and conform to which he was duly infeft on the 10th July following : Also, the town and lands of Lynechurne, with privilege of wood in the common unhewed woods of Abernethie, in the parish of Duthell, wadset by the said Ludovick to Sir James for 2000 merks, by contract 476 ABSTRACT OF GRANT [1691- dated 15th October 1679. Sir James Grant further acknowledges receipt of the sum of 12,750 merks, and that the said lands are fully redeemed, and the contracts of wadset of no further force, and his procurator surrenders the foresaid lands in the hands of the said Ludovick Grant, to be consolidated with the superiority ad perpetuam remanentiam, his entry to be at Whitsunday next, which resignation the said Ludovick accepted, etc. Done in the said Ludovick Grant's lodging, above Hugh Blaire, vintner's house, upon the south side of the High Street of Edinburgh, within the entry to the Parliament House, 24th March 1691. 381. Charter by King William and Queen Mary, whereby they give, grant, and dispone to their well-beloved councillor, Ludovick Grant of Freuquhie, and the heirs-male of his body ; whom failing, to the eldest heir-female of his body, and those descending of her body without division ; whom failing, to the next heir-female of his body and her descendants without division ; whom failing, to the heirs-male whomsoever of the said Ludovick Grant ; whom all failing, to his heirs and assignees whomsoever, the eldest heir-female and descendants of her body excluding, all heirs-portioners, and succeeding without division when an heir-female shall happen to succeed, the following towns, lands, and baronies, to wit, the lands and barony of Mulben, comprehending the lands of Mulben, with tower and fortalice thereof, lands of Mekle Balnabreich, with fishing and mills thereof, Cardenie, Auldcask, and Forgie, in the shire of Elgin and Forres, united and incorporated into a free barony to be called the Barony of Mulben, by charter of date the last day of July 1616, granted by King James the Sixth, their Majesties great-grandfather, to the deceased Sir John Grant of Freuquhie, grandfather of the said Ludovick Grant, now of Freuquhie : And in like manner, the lands and barony of Freuquhie, with castle and fortalice thereof, containing the lands of Castletoun of Freuquhie, Dellifour, Auchingall, the two Culquhoichs, the two Conegesses, Auldchairn, Glenlochie, united into the Barony of Freuquhie, in the shire of Inverness : Also the lands and barony of Cromdaill, comprehending the lands of Lethintie, with tower and fortalice, Over Auchorsk, Mid Auchorsk, Nether Auchorsk, the Kirktoun of Cromdaill, erected into a burgh of barony, with all the liberties and privileges contained in the infeftments thereof, Dellachapell and Rougnaballoch, lying in the barony of Cromdaill and shire of Inverness : Also the lands of Innerairin Glenbeg, Geyght, Craggan, Dreggie, two Auchquharous, Downan, and Porte, in the shire foresaid, all united into one free barony called the Barony of Cromdaill: The lands and barony of Vrquhart, viz., Bordland, with fortalice thereof, 6 merk land of KiU St. Ninian, with the mill, 6 merkland of Kerrogar, 6 merkland of Drumboy, 3 merkland of Wester Bounlaod, 3 merkland of Mid Bounlaod, 3 merkland of 1694.] CHARTERS NOT PRINTED. 477 Easter Bounlaod, 6 merkland of Balmakean, 6 merkland of Garthali, 6 merkland of Pelmale and Delshange, Little Clunie, 9 merkland of the Three Inchnabriens, 3 merkland of Meikle Diviagh, with the office of forester of the forest of Clunie, with shealings thereof in the lordship of Vrquhart and shire of Inverness, erected of old into one free barony called the Barony of Vrquhart; reserving to their Majesties and their successors the property of the forest of Clunie, with shealings thereof: And also the forty shilling land of new extent of Bounlaod, in the barony of Urquhart and shire of Inverness, and advocation, donation, and right of patronage of the benefice of the chancellary of Moray, comprehending the churches of Innerawin, Kirkmichell, Knockandoch, Vrquhart, and Glenmoriestoun, and parish churches of Cromdaill, Advie, Abernethie, Kincardin, and Dutchell, rectories and vicarages of the same, in the diocese of Moray, and shires of Inver ness and Elgin and Forres, united to the foresaid lands of Easter Bounlaod, in the barony of Vrquhart and shire of Inverness ; and in like manner the lands and barony of Corriemonie, comprehending the £4 land of Corriemonie, and £4 lands of Morall, and £8 lands of Fourmeikleyes, 40s. lands of Lochletter, 40s. land of Aucha- temrach, 40s. lands of Diviagh, 40s. lands of Little Cloyne and the half lands of Cloyne Meikle, and 40s. lands of Pitchirrellcroy, extending in all to a £27 land, in the lordship of Vrquhart and shire of Inverness ; also the lands of Glenchernick and BaUendalloch, in the shire of Elgin and Forres ; and in like manner the lands of Knockandoch and Glengunrie, pertaining to the chaplainry of St. Andrews, alias Knockandoch, founded within the cathedral church of Moray, with fishings on the water of Spey, in the barony of Strathspey, regality of Spiney and shire of Elgin and Forres ; and further, the lands of Broadland united to the said chaplainry of St. Andrews, otherwise called Brodland, founded in the foresaid cathedral church ; also that great tenement or lodging in the burgh of Elgin, which belonged to Thomas McKenzie of Pluscarden, and roods of lands or Ryperlands adjoining thereto, in the territory of the said burgh of Elgin. All which lands, baronies and others (except the foresaid great tenement in Elgin and the roods adjacent thereto) formerly belonged heritably to the said Ludovick Grant, were held by him immediately of their Majesties, and were resigned by him in the hands of the Lords of Exchequer, having power to receive such resignations, at Edinburgh, with all right he, his heirs or assignees, had thereto for this new infeftment to be granted to him and the heirs- male of his body, etc., reserving to Janet Brodie, spouse of the said Ludovick, the infeftments of liferent to such parts of the lands and baronies as she was provided to by her contract of marriage ; with this provision, that all the heirs of entail above mentioned, as well male as female, and descending from their bodies, who shall happen to succeed, shall be bound to assume, use, and bear the surname arms and ABSTRACT OF GRANT [1694. designation of Grant of that Ilk, and bear the said arms without any alteration, addition, or diminution whatsoever, except what shall be congruous and requisite to their rank and grade for the time ; and if any heir of entail shall contravene this provision, he or she shall ipso facto lose his or her right of succession to the lands and baronies above written, which in that case shall accrue to the next heir of entail : Provided also that to no person of tailzie shall it be lawful (except to the said Ludovick Grant, who is noways to be bound hereby, nor by the rights to follow hereon, nor any irritant clause herein contained) to alter, innovate, or change the foresaid order of succession, or do any fact or deed whereby the same may be altered, nor to sell, grant mortgages, or wadset the said lands and baronies, or any part of them, or give infeftments of annual rents out of them, grant leases for longer space than nineteen years, and that without diminution of rental, contract debts, etc., declaring that all such deeds shall be invalid, and the person of entail so doing should lose his right of succession. Except that any persons of entail may make liferent infeftments (but never of annual rents or annuities) to their ladies and husbands, in satisfaction of all terces and courtesies (from which the ladies and husbands of the heirs are hereby totally excluded), such provisions not to exceed a fourth part, in so far as it is free for the time from former liferents, etc., and shall first be granted from the lands and barony of Mulben, lands of Conpershill, Ardindilie, Culsaitlie, and mill of Keith, and all the foresaid lands lying in the barony of Knockandoch, and after them the lands and barony of Vrquhart, so far as the said lands are free and sufficient for the same, and not previously sold for payment of debts contracted, or to be contracted, by the said Ludovick Grant for the sum of £40,000 Scots, which the heirs of entail have power to contract in manner after-mentioned ; also excepting liberty to any heir of entail, for his just and necessary causes, to burden the said lands with the sum of £40,000 Scots, etc. Reserving power to any heir of entail to sell so much of the lands and baronies as will pay the debts contracted, or to be contracted, by the said Ludovick, etc., with irritancy for non-payment of feu-duties for two terms or not purging of apprisings, adjudications, or other diligences, against the said lands and baronies, in accordance with the procuratory of resignation contained in the bond of tailzie, made by the said Ludovick Grant, with instruments thereon, dated at Edinburgh, 17th November 1693. And the said great tenement in the burgh of Elgin, and roods of land adjacent, in the territory thereof, formerly belonged to Major George Bateman, held of their Majesties, and were resigned by him and his spouse in favour of the said Ludovick Grant, his heirs-male and assignees, conform to a disposition, dated 8th June 1677, and authentic instruments taken thereon, dated 20th February 1680. Further, their Majesties, for the good and faithful services 1694.] CHARTERS NOT PRINTED. 479 done by the said Ludovick and his progenitors to their Majesties and their pro genitors, and for divers other good causes moving them, de novo give, grant, and confirm for ever to the said Ludovick Grant of Freuquhie, etc., all and sundry the fore said lands and baronies. And further, considering how convenient and commodious it would be to the said Ludovick Grant, his vassals and tenants, and whole inhabitants of the said lands and baronies, to have the same erected into a free regality, and to have a free burgh of regality, with fairs and weekly markets, in respect that the lands above written lie at a great distance from the chief burghs of their respective sheriffdoms, and that all lie near the Castletoun of Freuquhie : Therefore their Majesties dissolve the foresaid lands and baronies from all sheriffdoms, stewartries, regalities, earldoms, lordships, baronies, and other jurisdictions whatsoever, to which they or any part of them pertained or was annexed, or of which they were formerly parts and pertinents, and unite, erect, create, and incorporate all and sundry the foresaid town, lands, and baronies above enumerated into one whole and free regality, with free chapel and chancellary, and power of justiciary, now and in all time coming to be called the Regality OF Grant, with jurisdiction to the said regality of free regality, free chapel, and chancery and justiciary, and all other privileges, immunities, profits, and duties pertaining thereto ; and they give the said new erected regality to the said Ludovick Grant and his foresaids, and make and create him and them in all times coming Lords of the said Regality, with power to appoint a bailie or bailies of regality, and by themselves, their bailies or deputes (for whom they shall be answerable), to set, affirm, hold and continue courts within the said regality for administration of justice, in causes civil and criminal ; to choose and swear clerks, Serjeants, adjudi cators, and other officers of court, etc. ; call before them, try, and condemn delinquents and felons, repledge them from other jurisdictions, to sit as judges in all actions civil and criminal, except lese-majeste and treason, etc. Further, their Majesties grant to the said Ludovick Grant and his foresaids the right and benefit of all escheats falling within the bounds of the regality by reason of rebellion, putting to the horn, etc., and for any cause except the two foresaid; and ordain the town formerly called Castletoun of Freuquhie, now and in all time to come to be called the Town and Burgh of Grant, and to be the principal burgh of regality, a market cross to be erected therein, and proclamations to be made thereat, and erect the said town into a free burgh of regality, to be called the Burgh of Regality of Grant, with free power to the burgesses to buy and sell, etc., make free burgesses thereof, erect a market cross, etc., with power to the said Ludovick Grant and his foresaids, and the inhabitants and burgesses, to hold a weekly market every Wednes day, and three fairs in the year, the first to be held on the last Thursday of April, the second on the penult of August, and the third on yearly, each fair 480 ABSTRACT OF GRANT [1694. continuing for the space of three days, within the regality and territory thereof; with power to him and his foresaids to appoint officers, uplift tolls and customs, and apply them to their own use ; to elect bailies, clerks, officers, and members of court necessary for government of the said burgh ; with power to him and the inhabitants of the burgh to erect a tolbooth and jail, etc. ; and their Majesties appoint the said Ludovick Grant, his heirs-male and of tailzie and provision, Hereditary Bailies to them and their successors within the bounds of the lands underwritten, pertaining in property to the said Ludovick, viz., the lands and barony of Pitcroy, alias Cardells, namely, Delnacroft, Smiddiecroft, Pittencroy, Cardelmoir, and Cardelbeg, with mill, salmon fishings on the Spey, etc., lying between the lands of Knockandoch on the east, the water of Spey on the south, the lands of the Bishop of Moray on the west, and the Brae o) Moray on the north, within the sheriffdom of Elgin and Forres, and held by the said Ludovick of the Preceptory of Mazindui (Maisondieu), near the burgh of Elgin ; the lands of Muldaries, in the earldom of Rothes and shire of Elgin and Forres ; lands of Little Balnabreich, in the barony of Rothes and shire foresaid, pertaining in property to the said Ludovick Grant, and held by him of the heirs of the late John Duke of Rothes ; lands of Bridgetoun of Spey, Coltcroft, Ferryboat and Coble of Spey, with the salmon-fishing on the water of Spey, called the Stream Salmon-fishing, in the earldom and barony of Rothes and shire of Banff, held by the said Ludovick Grant of the heirs of the late Duke of Rothes, and of Rector of Rothes, with power to Ludovick and his foresaids to hold courts, etc. And their Majesties further unite and incorporate the foresaid lands de novo with the foresaid regality into one whole and free regality, lordship, and barony, with free chapel and chancery, to be called in all time coming the Regality, Lordship, and Barony of Grant, and ordain the castle and manor place of Freuquhie now and in all time coming to be called Castle Grant, and to be the principal messuage of the barony, a single sasine to be taken thereat, to be valid and sufficient for the whole regality, lordship, and barony, etc. : To be held by the said Ludovick Grant and his foresaids, of their Majesties and their successors, in free lordship and regality, free chapel and chancery, etc., in feu and heritage for ever. Reddendo yearly as follows : For the lands and barony of Mulben, the rights and services due and wont, under provision and taxation after mentioned ; for the ancient barony of Freuquhie, with castle and fortalice thereof, wards, reliefs, and marriages taxed as after mentioned ; for the lands and barony of Cromdaill, the rights and services due and wont, taxed as after, and for the burgh of barony thereof, 10s. 4d. Scots, in name of blench farm ; for the lands and barony of Vrquhart, extend ing to a £46 land of new extent, the sum of £46 Scots, with various other burdens enumerated at length, and the same as in the old infeftments ; for the 40s. land of new extent of Bounlaod, 40s. Scots, etc., which is to be deducted from the feu-farm duties 1694.] CHARTERS NOT PRINTED. 481 of the barony of Vrquhart, in the infeftments of which Bunlaod is contained, etc. ; for the advocation and right of patronage above specified, the sum of Id. Scots at Whitsun day, in name of blench ferme, if asked only ; for the lands and barony of Corriemonie, £26, 6s. 8d. Scots, with duplicand, etc. ; for the lands of Glenchemich and BaUen dalloch, £71 Scots, etc.; for Knockandoch and Glengunrie, 11 merks 6s. 8d. to the chaplain of St. Andrews, and 33s. 4d. in augmentation of their Majesties rental, etc. ; for the lands of Bordland, 1 1 merks 6s. 8<1. to the said chaplain, etc., and for the tenement in Elgin, etc., the services of burgh due and wont. Further, their Majesties, for the constant fidelity and loyalty which the said Ludovick Grant and his predecessors had manifested towards their Majesties and their service, and their progenitors in times of peace and wrar, and as a token of their Majesties' good will towards the said Ludovick Grant, their well-deserving subject, and as an incitement to his successors to persevere in their fidelity towards their Majesties, their Crown and successors, their Majesties grant and ordain that, should the said lands and baronies of Mulben, Freuquhie, and Cromdaill happen to fall in their or their successors' hands by reason of ward and nonentry, or either of them, by minority or in default of the heirs and successors of the said Ludovick Grant at any time coming, nevertheless his said heirs and successors shall peaceably enjoy and possess the foresaid lands and baronies, and mailis and profits thereof during the whole space of ward and nonentry, for payment yearly of the sum of £400 Scots, at Whitsunday and Martinmas, viz., £66, 13s. 4d. for the barony of Mulben, £266, 13s. 4d. for the barony of Freuquhie, and £66, 13s. 4d. for the barony of Cromdaill ; with a like sum of £400 for relief in the same propor tion ; and for marriage of the heirs in the said three baronies, and in the barony of Vrquhart, lands of Bunlaod, and barony of Corriemonie, as oft as marriage shall occur, the sum of £1000 Scots, divided thus— £133, 6s. 4d. for Mulben, £333, 6s. 8d. for Freuchie, £133, 6s. 8d. for Cromdaill, £333, 6s. 8d. for Vrquhart and the 40s. land of Bounlaod, and £66, 13s. 4d. for Corriemonie; for payment of which annual duty of £400 as the taxed worth of the said lands and baronies during the ward and non- entry, and the £400 for relief, and the £1000 for marriage, their Majesties dispone to the said Ludovick and his heirs aforesaid, the said ward and nonentry, and marriage when they should occur; and that his heirs and successors shall be retoured to and infeft in the said lands and baronies, although they are minors, etc. Rendering also for the said regality, free chapel and chancery, and heritable office and jurisdiction of regality and bailiery, the due and lawful administration of justice in the said office, and one penny of silver at the feast of Wrhitsunday yearly, in name of blench-ferm, if asked only ; and the same for the burgh of regality, fairs, and markets. Further, their Majesties ratify the charter of feu-farm, dated at the Canon- gate, 1st February 1628, made by the late John Earl of Rothes, Lord of Lesly, 3p 482 ABSTRACT OF GRANT [1694. with consent of Mr. David Aytoun, servitor of Mr. Andrew Aytoun, advocate, for his right, to the late Sir John Grant of Freuchie, his heirs-male and assignees whomsoever, heritably, of the lands of Muldaries, with glens thereof, lands of Wester Muldaries and Bogbend, and Little Balnabreich, united into the tenandry of Muldaries, etc., with precept and instrument of sasine following thereon ; and a precept of clare constat, dated at Halyrudehouse and Rothes, 6th March and 3d April 1677, with charters and infeftments following, which precept was granted by the late John Earl of Rothes, Lord of Lesly and Balnabreich, afterwards Duke of Rothes, and great chancellor of Scotland, undoubted patron of the parish church of Rothes, with consent of Mr. John Leslie, rector of the said church, for his interest, to infeft the said Ludovick Grant of Freuquhie, as heir of the late James Grant of Freuquhie, his father, in the foresaid town and lands of Bridgetoun of Spey, ferry coble thereof, and Stream salmon-fishings, in the earldom and barony of Rothes and shire of Banff, held of the Duke of Rothes and his successors in feu-farm, with instrument of sasine following thereupon, in all their points, clauses, and conditions. Finally, their Majesties promise on the word of Princes, to cause this charter, precept of sasine to follow, and instrument of sasine to be ratified in the present or next Parliament, and ordain this declaration to be a sufficient warrant to that effect. With precept of sasine directed to the sheriffs and their deputies of Elgin and Forres and Inver ness, and to the bailie of the regality of Spiney. Witnesses, George Viscount of Tarbat, Clerk of Register and Rolls, Adam Cockburn of Ormestoun, Justice-Clerk, and Charles Kerr, Director of Chancery. Dated at the Court at Kensingtoune, 28th February 1694. 382. Copy Extract Act of Parliament in favour of the Laird of Grant, in the Parliament held at Edinburgh, 10th July 1695, anent the petition presented to His Majesty's High Commissioner and the Estates of Parliament by Sir Ludovick Grant of that Ilk, showing that from the beginning of the Revolution he had on all occasions served His Majesty as becomes a loyal subject, and had frequently joined with, and given assistance to His Majesty's forces, against the rebels in the Highlands, whereupon they conceived great malice and prejudice against him, frequently encamped on his lands, plundered and pillaged his whole estate, whereby his tenants were so impoverished that he got little or no rent for several years out of his lands of Strathspey, and was obliged to discharge bis tenants in Urquhart the entire rent of that barony, which is £6000 Scots for the years 1689-1693, their stock being so entirely carried away ; and he having formerly given in a petition, craving a com mission, to the sheriffs and commissioners of supply of the shires of Inverness, Moray, and Banff, to take cognisance of his damages, and report ; such a commission was 1695.] CHARTERS NOT PRINTED. 483 granted, who took oaths of his tenants and others, and made a report bearing that his loss within Strathspey amounted to £76,152, and in Urquhart to £44,333 ; besides the loss of the rent of that barony for five years, which at £6000 yearly amounted to £30,000, in whole to £150,486, 3s. lOd. ; and since all his losses were occasioned by his zeal and forwardness in the King's service and public account, there being considerable advantages to Scots and English forces " which cannot be recovered out of the pole money, in respect it was not possible to condescend on particular persons who got the same when the army lay dispersed so long and often in the petitioner's country, and the advances to the English forces are not payable out of that fund," the petitioner craved that the Commissioner and Estates would consider the report with the intentions thereof, to modify and declare his losses, and either appoint him a fund for his payment, or at least grant him a recommendation to His Majesty for the same : Which petition being before the Commissioner and Estates on the 5th of July 1695, they remitted the same to the Committee for Private Affairs, who reported, that having considered a report of the Laird of Grant's, his vassals' and tenants' damages, under the hands of Alexander Duff of Braco and Walter Grant of Arndillie, commissioners of supply, who had taken the oaths and depositions of the said vassals, tenants, and others belonging to the Laird of Grant within the parishes of Abernethy, Duthill, Cromdale, Inverallan, and Knockandow, in Strathspey, anent the quantity and worth of the whole goods, corn, cattle, money, and plenishing robbed from them in 1689 and 1690 by the incursions of the Highlanders and other rebels, and of what losses they had sustained by their Majesties' regular forces encamping and lying amongst them, dated at Ballintomb, in Strathspey, 27th and 28th January 1691 : Also another report under the hands of Hugh Fraser of Belladrum and James Fraser of Releick, commissioners of supply, dated at Urquhart, 3d and 4th February 1691, who had taken the like depositions for the barony of Urquhart ; the committee find the whole losses and damages sustained by the Laird of Grant, his vassals and tenants, in the five parishes of Strathspey, to extend to £76,152, 18s. 8d., whereof there is of damages done by His Majesty's regular forces the sum of £7190, 2s. 8d. ; and that the losses of the tenants and possessors of the barony of Urquhart extend to £44,333, 5s. 2d., whereof there is £2000 for damag ing the house of Urquhart and low buildings by several soldiers of His Majesty's regular forces when they lay in garrison there ; besides which, the Laird of Grant declared that he lost the rents of the barony from 1689 to 1693, which, at £6000 yearly for the five years, amounted to £30,000, his loss of which and amount whereof could be instructed by several members of Parliament who knew the same. The committee therefore find the whole amount of loss to be £120,486, 3s. lOd. 484 ABSTRACT OF GRANT [1696- (Scots), besides the £30,000 for the five years' rent of the barony of Urquhart, and give as their opinion, " That the Laird of Grant be recommended to His Majesty's royal and gracious consideration for repairing the said damages and losses." Which report of the committee being considered by His Majesty's High Commissioner and the Estates of Parliament, they approve the same, and recom mend him to His Majesty in like terms. 383. Notarial Instrument narrating that on 12th June 1696, Alexander Fraser of Kinnaries, with consent of Mr. David Poison of Kinmylies, in letters of alienation, dated 10th June 1695, for all right he had to the lands undermentioned, resigned in the hands of the Lords of His Majesty's Treasury and Exchequer in favour of Ludovick Grant of that Ilk, his heirs-male and assignees whatsoever, heritably and irredeem ably, the towns and lands of Easter Abriachen and Wester Abriachen, grazings and shealings thereof, commonly called Corriefoness and Corriehewlachie, with teind sheaves and other teinds, in the united parish of Bonach and Inverness, bishopric of Moray, regality of Spynie, and shire of Inverness, with all right that the said Alexander Fraser, Katharine Fraser his spouse, his deceased father and brother, and Agnes and Christian Fraser, grandchildren to the deceased Colonel Hugh Fraser, sometime of Kinnaries; and the said Alexander Fraser agreed that the said lands should be disunited from the barony of Kinmylies, the said Ludovick and his foresaid relieving the said Alexander Fraser and his foresaids of 20 merks yearly of feu-duty, and 130 merks of local stipend to the minister of Bonach and Inverness, with a duplication of the feu-duty ; excepting from the said disposition the lands of Easter and Wrester Kinmylies, Muirtoun, Brigend, Bellaferrie, Sellaneich, belonging and disponed to the said Mr. David Poison. Also, on the same day, the procurator of John Grant of Ballindalloch, heritable proprietor of the lands underwritten, in terms of letters of alienation, dated 17th December 1695, by the said John Grant to Ludovick Grant of that Ilk, his heirs and assignees, resigned the lands of Advie, Rirorie, and Auchavockie, comprehending the lands of Garvald, Ardbeg, and others, with fishings in the water of Spey belonging thereto, in the regality of Spynie and sheriffdom of Elgin and Forres. Also on the same date, the procurator of John Donaldson, sheriff-clerk depute of the shire of Banff, heritable proprietor of the lands underwritten, in virtue of letters of alienation made by him to the said Ludovick Grant and his heirs, dated 23d December 1695, duly resigned the lands of Logie, Ardrie, and Lyne, with the mill of Logie, and salmon-fishing on the water of Findhom, in the parish of Ardclach, regality of Spynie, and shire of Nairn, together with certain reversions upon the lands : Also the procurator of John Farquharsone of Binns, heritable proprietor of the lands underwritten, by 1699.] CHARTERS NOT PRINTED. 485 virtue of a disposition, dated 7th December 1694, made by him to Ludovick Grant of that Ilk, his heirs-male and assignees, resigned the town and lands of Easter and Wester Kellos, with the lands of Correcopinach, called the Free, in the regality of Spynie and shire of Elgin and Forres, and also the procuratory contained in the disposition granted by John Strachan, sometime of Kellos, in the said lands of Easter and Wester Kellos, and others. AU which resignations in favour of Ludovick Grant were accepted, and redelivery of staff and baton were duly made to his procurator for his behoof, and new infeftment in the said lands. Done in the New Exchequer House of Edinburgh, 12th June 1696. 384. Disposition by John Grant of Glenmoristoun, whereby, for certain sums of money, he seUs and dispones to Ludovick Grant of that Ilk, his heirs-male and assignees whatsoever, the ploughland of Culenakirk, the half ploughland of Clunemore, and binds himself to enter as heir to his predecessor in the said lands, he not being yet entered therein, which lands were held of the Crown. The granter further assigns to the said Ludovick various writs affecting the said lands, amongst others, a decreet and process of apprising, led at the instance of the late Alexander Lord Brodie against the granter and his predecessors and his lands of Glenmoristoun, of which the lands disponed are a part, which apprising the foresaid Alexander Lord Brodie transmitted to Sir Hugh Campbell of Calder for the granter's behoof, a back bond being granted by Sir Hugh to him thereon, by virtue of which he had right to the said apprising, etc. Witnesses, James Grant of Gellowray, John Grant of Easter Elchies, David Poison of Kinmylies, etc. Dated at Castle Grant, 27th June 1696. 385. Instrument of Sasine, proceeding on the preceding disposition, in favour of the said Ludovick Grant of that Ilk, his heirs-male and assignees, in the above ploughland of Culnakirk and half ploughland of Clunemore, in the parish of Urquhart and shire of Inverness. Dated 30th July 1696. 386. Post-nuptial Contract of Marriage, made between Alexander Grant, younger of that Ilk, with consent of his father, Ludovick Grant, elder of that Ilk, and the said Ludovick Grant for himself, for his right and interest, with consent of his son, and taking burden on him for his son, on the one part ; and Mistress Elizabeth Stewart, daughter of the deceased James Lord Downe, now spouse to the said Alexander Grant, younger of that Ilk, with consent of her mother, Lady Katharin Tallmadge, Lady Down, and Lionel Earl of Dysart, her uncle, and the said Lady Katharin Tall madge and Lionel Earl of Dysart for themselves, with her consent, on the other part, in manner following, viz. : Whereas by articles of agreement anent the marriage then intended and now solemnised between the said Alexander Grant, younger 486 ABSTRACT OF GRANT [1699- of that Ilk, and Mistress Elizabeth Stewart, passed between the said Alexander Grant, with consent foresaid, and Mistress Elizabeth Stewart, with consent foresaid, it was agreed that the said Ludovick Grant was to dispone to the said Alexander his son, and to the heirs-male of his body, whom failing, to return to the said Ludovick Grant, his heirs-male and of taillie, the fee of his estates of Grant, con sisting of five parishes lying contiguous, and the barony of Urquhart, worth in yearly rent £20,000 Scots, reserving to the said Ludovick his liferent of the said lands, except the barony of Urquhart, and as much of the said five parishes as would make up a yearly rent of 15,000 merks, to the possession of which the said Alexander was presently to enter, and reserving power to the said Ludovick to contract the sum of £50,000 Scots for the provision of his younger children, and burden the fee of the said lands therewith ; and reserving also to him power to infeft any lady he should happen to marry in as much of the lands of which he reserved his liferent as would extend to 6000 merks Scots of yearly rent ; and also to infeft the Lady Elizabeth Stewart in the barony of Urquhart in liferent, and as much of his other estate as would make her 10,000 merks Scots of jointure ; with provision for the heirs of the marriage ; the jointure to Lady Elizabeth Stewart to be in place of all terce, etc., except the plenishing of the house of Urquhart and heirship moveables of the said Alexander which he disponed to her. And on the other part, the said Mistress Elizabeth Stewart, with consent foresaid, was to assign, in name of tocher, to the said Ludovick Grant, £5000 sterling, left in legacy to her by the deceased Duchess of Lauderdale, her grandmother, and payable by the said Lionel Earl of Dysart, which, with the annual interest thereof, mentioned in the Duchess's testament, the said Earl obliged him to pay to the said Ludovick Grant ; and that these articles should stand though the marriage were dissolved within year and day by decease of either party without a living child, and execution for implement of the clauses in favour of the said Mistress Elizabeth w-as to pass at the instance of the said Lady Katharin and Lionel Earl of Dysart, in terms of the said articles of agreement, of date 1st October and 2d December 1698. Whereon a tripartite contract was drawn up with the said Ludovick Grant, elder, his son, and Lionel Earl of Dysart, whereby the latter engaged, six months after date of marriage, to pay the £5000 in the common dining-hall of Grayes Inne,in the county of Middlesex, dated 2d December 1698, with a bond by the Earl, of same date, to observe all contained in the tripartite contract : In contemplation of which marriage, now solemnised on the 3d of December 1698, the said Ludovick Grant, for fulfilling his part of the said minute, obliges himself to infeft the said Alexander Grant, his eldest son, and the said Mrs. Elizabeth Stewart, now his spouse, in liferent, and the heirs-male of their bodies, whom failing, to return to the said Ludovick's heirs-male mentioned in the bond of taillie, in fee in the lands 1702.] CHARTERS NOT PRINTED. 487 and barony of Urquhart, Easter and Wester Abriachen, with many other lands, under burden of children's provisions, etc., and to infeft the said Alexander Grant and his foresaids in the lands of Mulben, lands and barony of Freuquhie, etc., but all under the burden of the children's provisions and clauses irritant of the bond of taillie. With procuratory of resignation in favour of the same series of heirs as in the Great Seal charters above, and under the same irritancies and restric tions, and reserving to the said Ludovick Grant his liferent of the whole lands, except the lands of Urquhart, Easter and Wester Abriachen, Mulben, and others, and power to contract the sum of £50,000 Scots for provision for his younger chil dren, and to burden the fee of the lands therewith ; and to infeft any lady he might marry thereafter in as much of the lands of which he reserves the liferent, as would amount to 6000 merks Scots of yearly rent : and the said Ludovick warrants the lands disponed in fee to his son to be worth £24,000 of yearly rent; with provision for the daughters of the marriage, and other provisions, as in the minute of agree ment. And the said Mistress Elizabeth assigns to the said Ludovick Grant, with consent of Alexander Grant, now her spouse, and of her mother and uncle, the said sum of £5000 in corroboration of the tripartite contract, and Lionel Earl of Dysart binds himself, his heirs and executors, to pay the said sum betwixt the date and 3d November 1700, at Gray's Inn, under penalty of £1000 sterling, with annual interest from 3d December 1698. This contract to stand although the marriage should be dissolved within year and day by the death of either party. Subscribed at Edin burgh by Lionel Earl of Dysart, and Ludovick Grant of that Ilk, 31st September 1699, and by Alexander Grant, younger of that Ilk, Lady Katharine Talmadge, Lady Doune, and Mistress Elizabeth Stuart, at Castle Grant, 29th December 1699. Signed, " Ludouick Grantt." " Lyonell Dysert." " Allexander Grantt." " Elizabeth Stuart." " C. Doune." The signatures at Edinburgh are witnessed, amongst others, by Duncan Forbes of Culloden ; those at Castle Grant by Major Belshazar Cuydell, of Lord Jedburgh's regiment, and others. 387. Copy Articles of Marriage between James Grant, second son of Ludovick Grant of that Ilk, with consent of his father, and he taking burden for the said James, on the one part, and Anna Colquhoune, daughter of Sir Humphrey Colquhoune of Luss, with consent of Sir Humphrey and Dame Margaret Houstoun, her mother, and the said Sir Humphrey, taking burden for her and his daughter, on the other part. First. The said Ludovick Grant binds himself to dispone to the said James, his heirs and assignees, the lands and barony of Pluscarden, with castle and manor place thereof, comprehending the town and lands of Auchtertyre, etc., with the teind sheaves and parsonage teinds thereof, and dues of property and superiority of the 488 ABSTRACT OF GRANT [1702- same, formerly due to the deceased Thomas Mackenzie of Pluscarden, and now to the said Ludovick, lying in the glen of Pluscarden, parish of Elgin, and shire of Elgin and Forres, the old mills of Elgin and Mostowie, lands of Lewinshaugh, Glenturrach, and Blairnahall, Kelles, in the same shire, his entry to the said lands to be at Whit sunday 1702, without any burden, except of £22,000 Scots, payable at the said term, and bearing interest, which the said James is to pay to the said Ludovick, and an obligation by the said James to ratify a disposition of the lands of Brightmonie, sold by his father, and also to ratify what his father had done in reference to the sum of 5000 merks left to him. Second. The said James binds himself to sell the foresaid lands at the first convenience, and apply the surplus of the price, over and above the £22,000, by paying it to the said Sir Humphrey, to be applied for paying his debts. Third. Sir Humphrey is to dispone to the said James Grant, and the heirs of the marriage, whom failing, to the said James's other heirs to be nominated by him, as much of the lands and estate of Luss as should correspond to the sum to be paid to him at eighteen years' purchase, to be laid off at the sight of Sir William Hamilton of Whiteland and Sir John Houstoun of that Ilk. Fourth. The said James agrees to provide by contract matrimonial with the said Anna Colquhoune, the parts of the estate of Luss so disponed to him, to the heirs after mentioned, and the Laird of Luss, by the same contract, is to provide the whole remainder of his estate, with the burden of his own liferent, and of 3000 merks of liferent to the said Dame Margaret Houstoun, to which she hereby restricts her life rent provided to her by her contract of marriage, and burden of such debts as are due by Luss, and not paid by the foresaid sum, or not paid through Luss's manage ment of the liferent reserved to himself, to the heirs-male of the marriage, whom failing, to the eldest heir-female, and the descendants of her body without division, excluding heirs-portioners — the heir-male succeeding (except there should be only one son, who should also succeed to the estate of Grant) the eldest heir-female and the descendants of her body, bearing the surname, arms, and designation of Colquhoune of Luss, with a strict irritancy ; and failing heirs of the marriage, the said lands to be provided to such heirs and substitutes as the said James Grant and Sir Humphrey shall nominate, etc. Declaring always that that part of the estate to be provided to the heirs of this marriage shall be redeemable by the heirs-male of Sir Humphrey's body and their descendants, for payment of £10,000 as tocher to the said Anna. Fifth. The said Anna is to be provided to a jointure out of that part of the lands to be disponed to the said James Grant of 2000 merks Scots; and as much out of the lands to be provided by her father, in case the descendants of this marriage shall succeed thereto during the not redemption thereof by the heirs of Luss's body. 1704.] CHARTERS NOT PRINTED. 489 Sixth. The said James Grant is to be provided to the liferent of that part of the estate belonging to the said Sir Humphrey, which is to be provided thereby to the heirs of the marriage, except as much as extends to 3000 merks, etc. Seventh. Sir Humphrey is to pay to the said James 900 merks yearly as tocher, the annual rent of the sum for which the lands are redeemable, etc. Eighth. Provision for the daughters of the marriage. Ninth. Provision for the said Anna if she survived her husband. Tenth. In case the estate of Grant should fall to the said James, through the failure of his elder brother, and the heirs-male of his body, so that the heirs-male of this marriage shall succeed to the estate of Grant, then the next son of this marriage shall succeed to the estate of Luss ; and failing a second son, the heir-male of this marriage that shall succeed to the estates of Grant and Luss shall be obliged to dispone the estate of Luss to the first second son that shall attain to majority or marriage at any time through the course of succession, and to the heirs-male of the said second son ; whom failing, to the eldest heir-female and descendants of her body without division; whom failing, to the heirs-male, Lairds of Grant, descendants of the body of the said Anna Colquhoune, they being always obliged to dispone the estate of Luss to the first second son that shall happen to exist, and his heirs ut supra; and failing all heirs-male descending of the said Anna Colquhoune, to fall to the eldest heir-female descending of her body, and the descendants of the body of the said heir-female without division, and under the irritancy above specified. With other provisions. Dated at Edinburgh, 10th January 1702. 388. Translation of Diploma in favour of Sir Humphrey Colquhoun of Luss and the heirs therein specified, of the Title and Dignity of Knight-Baronet, 29th April 1704. [Original Diploma at Castle Grant.] Anna, by the grace of God, Queen of Great Britain, France, and Ireland, Defender of the Faith, to all good men to whom these our present letters shall come, greeting : Forasmuch as we, considering that virtue and valour can in no way be better pro moted and rewarded than by conferring titles of honour and dignity upon men of good birth, by which they may be moved to do noble and honourable actions, and we, recalling to remembrance that our grandfather, King Charles the First, of eternal and blessed memory, on account of the distinguished, good, and gratuitous services done and performed to him by the late Sir John Colquhoun of Luss, and on account of the remarkable worth and merit of him and his predecessors, made, constituted, and ordained the said Sir John Colquhoun and his heirs-male whomsoever in the heredi tary state, degree, rank, name, dignity, and designation of Baronet, with all and sundry prerogatives, precedencies, pre-eminences, immunities, liberties, privileges, and 3 Q 490 ABSTRACT OF GRANT [1704. others thereto belonging, according to the diploma and charter under his great seal, granted to the said Sir John Colquhoun thereupon, of date at the penulti mate day of the month of August, the year of God one thousand six hundred and twenty-five ; also that Sir Humphrey Colquhoun, now of Luss, who is successor to the said Sir John Colquhoun, or who represents him by progress, has by his letters- patent and procuratory of resignation made, granted, and subscribed by him, of date the thirtieth day of the month of March, the year of God one thousand seven hundred and four, Resigned the foresaid hereditary title, state, degree, rank, name, dignity, and designation of Baronet, with the whole prerogatives, privileges, precedencies, pre eminences, immunities, liberties, and others thereto belonging, specified and contained at length in the foresaid charter and diploma above mentioned, into our hands as the fount and origin of every honour and dignity, in favour, and for a new diploma, gift, and grant of the same, to be given and granted in favour of the said Sir Humphrey Colquhoun and the heirs-male of his body lawfully to be procreated, whom failing, of James Grant of Pluscardie and the heirs-male lawfully to be procreated betwixt him and Anna Colquhoun, only daughter of the said Sir Humphrey, whom failing by decease, of the heirs-male of the body of the said Anna Colquhoun of any subsequent marriage lawfully to be procreated, whom all failing, of the said Sir Humphrey his other heirs of entail whomsoever, as authentic instruments made thereupon in them selves more fully set forth ; which resignation and demission of the foresaid heredi tary state, degree, rank, name, dignity, and designation of Baronet, with privileges, prerogatives, pre-eminences, precedencies, and others foresaid thereto belonging, We have graciously received, and We having the greatest confidence in the virtues, worth, and merits of the said Sir Humphrey Colquhoun ; therefore, and for good and faithful services performed and paid by the said Sir Humphrey Colquhoun and his most worthy and well deserving ancestors to us and our Royal predecessors, KNOW YE that We have given, granted, renewed, and confirmed, as We, of our certain royal knowledge, own motive, special grace and favour, and our royal and ample power and regal prerogative, for us and our successors, by the tenor of the presents give, grant, renew, and confer upon the said Sir Humphrey Colquhoun and the heirs-male of his body lawfully to be procreated, whom failing, upon James Grant of Pluscardie and the heirs-male betwixt him and Anna Colquhoun, only daughter of the said Sir Humphrey, whom failing by decease, the heirs-male of the said Anna Colquhoun's body to be procreated from any subsequent marriage, whom all failing, the other heirs of entail whomsoever of the said Sir Humphrey, the foresaid hereditary state, degree, rank, name, dignity, and designation of Knight-Baronet, with all and sundry pre rogatives, precedencies, pre-eminences, places, ranks, immunities, liberties, privileges, and others thereto belonging, as the same were conferred, given, and granted to the 1704.] CHARTERS NOT PRINTED. 491 said deceased Sir John Colquhoun of Luss, predecessor of the said Sir Humphrey, and by him and his foresaid heirs enjoyed and possessed, or could be possessed and enjoyed according to the ancient diploma and charter above mentioned, granted to him thereupon under the great seal of our said ancient kingdom of Scotland, of date the said penultimate day of the month of August, the year of God one thousand six hundred and twenty-five, in the same manner as if the said Sir Humphrey Colquhoun had then been living and were specially named and designed therein. And We by the tenor of the presents make, constitute, create, and ordain the foresaid Sir Humphrey Colquhoun and his heirs foresaid for ever Knights-Baronet, and ordain and decern them, their wives and children, respectively to use, enjoy, and possess after the date of the presents, not only a like title, honour, dignity, and designation of Knight- Baronet, with place and precedence, both publicly and privately, in the same manner as any other Knights-Baronet in the said kingdom, and their wives and children, in any time past have possessed and enjoyed, or in future could possess or enjoy such title, but also the foresaid hereditary state, rank, name, dignity, and designation of Knight-Baronet, with the whole prerogatives of the same, privileges, precedencies, ranks, places, priorities, dignities, immunities, liberties, and casualties whatsoever, which the foresaid late Sir John Colquhoun of Luss and his heirs-male and his other children, asweUmale as female, and their wives and husbands and successors, brooked, enjoyed, held, and possessed, or could brook, enjoy, hold, and possess the same, in all places, assemblies, and conventions, as well public as private, in any time past or future, by virtue of the foresaid original diploma and charter above written, according to the form and tenor of the same in all points, and with all and sundry other formalities and solemni ties used on like occasions ; and we will and grant, and for us and our royal successors decern and ordain this generality to be as valid and sufficient, and of as much strength, force, and effect, to all intents and purposes, as if the same had been particularly and word for word herein at length inserted and ingrossed, notwithstanding that it be not so done, wherewith and with all that may follow thereupon, We have dispensed, and for us and our successors by the presents for ever dispense. Moreover, we command Lyon King-of-Arms, and his brother heralds, to give and prescribe to the foresaid Sir Humphrey Colquhoun and his foresaids such armorial bearings, or additions to former bearings, as on this occasion shall appear proper and fitting, or which they ought to have, bear, and possess, by virtue of this original diploma and charter above mentioned to that effect by the presents renewed, ratified, and confirmed. In witness of which thing, we have commanded our great seal to be appended to the presents. At our Court of St. James's, the 29th day of the month of April, the year of God one thousand seven hundred and four, and the third year of our reign. By signature, etc. 492 ABSTRACT OF GRANT [1704- 389. Copy Contract of Marriage between Ludovick and Alexander Grant, elder and younger of that Ilk, for themselves, and on behalf of Mistress Elizabeth Grant, eldest daughter to the said Ludovick Grant, and the said Mistress Elizabeth for herself, with consent of her father and brother, upon the one part, and Hugh Rose, elder and younger of Kilravock, with one consent, and the said Hugh Rose, elder, for himself, and on behalf of his said son, upon the other part, whereby the said Hugh Rose, younger, and Mistress Elizabeth, agree to marry each other. Hugh Rose, elder, binds himself, his heirs and successors, to dispone in fee to the said Hugh Rose, younger, his son, and the heirs-male of the marriage, whom failing, the said Hugh Rose younger's other heirs-male and assignees whomsoever, his lands and estate within the shires of Inverness, Nairn, and Ross (excepting the lands of Craighouse and Brea), and to infeft the said Mrs. Elizabeth and her affianced spouse in lands of the value of 30 chalders victual of free rent, besides customs, etc. ; the said Mrs. Elizabeth, on the decease of her husband, to be infeft in an additional annualrent of 600 merks from lands in the shires of Inverness and Nairn, on this side the ferry of Arderseir : If there should be no male children of the marriage, but one daughter, she shall be provided to 18,000 merks ; if two, the elder to 18,000 and the younger to 9000 merks ; if three or more, they shall be provided to 36,000 merks, 15,000 to the eldest, and 21,000 to be divided amongst the rest at their age of fifteen years complete, or sooner if married. For which causes the said Ludovick and Alexander Grant bind themselves, their heirs, executors, and successors, to pay to the said Hugh Rose, elder of Kilravock, his heirs-male and assignees (secluding his executors), the sum of 18,000 merks Scots against Whitsunday next, 1705, as tocher, under a penalty of 3500 merks; with other provisions, and clause of registration. Dated at Castle Grant, 23d May 1704. Witnesses, John Grant of Ballnadalloch, George Grant, third son of the said Ludovick Grant of that Ilk, and others. 390. Contract of Marriage between Alexander Grant, younger of Grant, Colonel of one of Her Majesty's regiments of foot, on the one part, and Anne Smith, daughter of John Smith, Esquire, Chancellor of Her Majesty's Exchequer in England, and one of Her Majesty's Privy Council, with advice and consent of her said father, and of Anne Smith, her mother, and the said John Smith for himself, and taking the burden on him for his said daughter, on the other part ; whereby the said Alexander Grant and Anne Smith accept each other for their lawful spouses, and agree to complete the bond of matrimony with all conveniency : In contemplation whereof, the said Alex ander Grant binds himself, his heirs and successors, to infeft and sease the said Anne Smith in a yearly annuity of £500 free of cess and other burdens, to be uplifted forth of his lands and baronies lying in Scotland, providing that as soon as the said 1709.] CHARTERS NOT PRINTED. 493 Alexander shall infeft his said spouse in such a part of his lands in Scotland as may yield £800 yearly, in security of the said £500, the rest of his estate shall be free of the said burden ; and to infeft and sease himself and the heirs-male of the marriage, whom failing, the heirs-male of any other marriage, whom failing, the heirs-male and of tailzie mentioned in the rights of the estate, etc., in so much of the lands and estate in Scotland as pay £1200 of yearly rent, with the mansion-house of Castle Grant ; and if there should be only daughters of the marriage, to pay to them, if there be only one, the sum of £5000; and if more, then to pay £6000, to be divided as their father should think fit, or otherwise as provided ; and further, to pay his promised spouse, if she outlived him, the sum of £500 at the first term of Whitsunday or Martinmas after his decease, which, with the foresaid liferent provision, is to be in full satisfaction of all further provisions, terce, etc. She shall enjoy these provisions, and the said Alexander the tocher, although the marriage should be dissolved within year and day, except only in the case following, viz., in regard the said Alexander Grant is resolved to go to Flanders the ensuing campaign, and if it shall happen the said Alexander shall not return (as God forbid), and that the said Anne Smith shall not have a son of the marriage to succeed to the estate of Grant, or that the said Alexander Grant shall decease before perfecting of this marriage settlement by extending of this contract, in that case only the tocher of £5000 is to return to the said Anne Smith herself, and the liferent annuity provided to her to be extinct and void, etc. : For which causes the said John Smith has granted a bond for payment of £2000, and another for payment of £3000, of the date hereof, as the said Anne Smith's tocher ; with other provisions. Subscribed at London, 7th April 1709. Witnesses, Sir John Haules of Lincoln's Inn, in the county of Middlesex, knight, Sir David Dalrymple of Hailes, Dougal Stewart of Blairhall, John Montgomerie of Wrae, Writer to the Signet, and others. In connection with this settlement there is a release, dated 27th July 1714, by John Smith, Esquire, of the parish of St. James, within the liberty of Westminster, by which he remits, releases, and quitclaims to Alexander Grant of Grant, in the kingdom of Scotland, Esquire, his executors and administrators, all and all manner of accounts, reckonings, claims, and demands whatsoever, for or by reason of any matter, cause, or thing whatsoever, to the day of the date of these presents. 391. Will and Testament of Alexander Grant of Grant, in the county of Inverness, Esquire, who hereby revokes all former wills made by him, and gives and bequeaths " unto my dear and loving wife Ann, all such plate and Jewells which any ways belonged to her before marriage, or that I have had with her since, or that I now have or am any ways entituled to," also his coach and horses, and all his household goods and 494 ABSTRACT OF GRANT [1710- furniture of what kind soever, or which he should have at his decease ; and ordains his wife to be the sole executrix of his last will, '' and do declare that the gifts I have herein before given her are by me intended over and above all provisions made to her by marriage settlement, and a subsequent indenture bearing even date herewith, or in any other manner whatsoever." Dated 28th March 1710. Signed, " A. Grant." 392. Articles of Marriage between Lieutenant-Colonel William Grant of the Independent Company, and Mrs. Anne Grant, second daughter of Ludovick Grant of Grant, with consent of Alexander Grant of Grant, younger, her brother, and him, the said Colonel Alexander Grant, for himself, with consent of, and as burden taker for his said sister. 1. The said Colonel William and Mrs. Anne Grant agree to be married with conveniency. 2. Colonel William binds himself, his heirs and executors, to pay 4000 merks yearly of jointure, restricted to 3000 should there be heirs-male of the marriage. 3. Mrs. Anne, under burden of aliment to child or children of the marriage, is to liferent half, or if there be issue, a third of all heritable estate to be conquest by Colonel William during the marriage, and to clear what should be reputed conquest, he declares his present stock, including tochergood, to be 100,000 merks Scots. 4. If Mrs. Anne should survive Colonel WUliam, she is hereby provided to the property of all their household plenishing, heirship moveables not excepted ; and is to be infeft in as much of his estate as should produce the above 4000 merks yearly of jointure, under the above restriction, in case of there being an heir-male of the marriage. 5. Colonel William binds himself and his foresaids to pay to the heir-male of the marriage, or failing heirs-male of the present or other marriage, to the heirs-female, the eldest daughter always succeeding without division, but marrying a gentleman of the name of Grant, or one that, as well as the descendants of his body, succeeding to the estate and conquest, shall assume the surname and arms of Grant, whom failing, to return to the said Lieutenant-Colonel William and his heirs-male whatsoever, whom faUing, his heirs and assignees whatsoever, the above sum of 100,000 merks Scots, the first term after his decease, under a penalty of 10,000 merks, or to purchase a land estate for the said principal sum, and take the rights thereof in favour of himself and the heirs above written, in fee, and to the said Mrs. Anne in liferent, to the extent and for the security of her liferent provisions above specified. 6. The said Lieutenant-Colonel William hereby provides the heir-male of the marriage, whom failing, and any other heir-male of any subsequent marriage, the heirs whatsoever of the said marriage, the eldest daughter having always the preference, and succeeding without division, etc., to all heritable estate that may be conquest or acquired by him during the marriage; reserving to the said Mrs. Anne her 1728.] CHARTERS NOT PRINTED. 495 liferent of the half or third thereof, with the burden of the said aliment, every heir-female succeeding to the estate being bound to marry a gentleman of the name of Grant, or one who will assume the name and arms of Grant, the contravener to lose the estate. 7. If there be no heirs-male of the marriage, and none of the daughters succeed to the estate by the above destination, the said Lieutenant-Colonel WiUiam binds himself and his foresaids to pay to such daughters, if one, 20,000 merks Scots, if two, 14,000 merks to the elder and 10,000 merks to the younger, if three or more, £20,000 Scots to be divided equally ; saving that the eldest shall have 4000 merks more than the rest, to be paid the first term after their age of eighteen years complete, with education and entertainment till that age, in full of all they could claim through decease of their father or mother, saving the right of succession before recited. For which causes the said Mrs. Anne Grant, with consent of her said brother, assigns as part of her tocher to the said Lieutenant-Colonel WUliam Grant, his heirs or assignees, certain debts and sums of money specified. The said Colonel Alexander Grant of Grant binds himself, his heirs, executors, and successors, to pay to the said Lieutenant-Colonel William Grant, his heirs, executors, and successors, the sum of 9500 merks Scots against the term of Martinmas 1712, as tocher under a penalty of 2000 merks; with other necessary provisions. Dated at Castle Grant, 30th October 1711. Signed, "Will. Grant." "Anne Grant." " A. Grant." 393. Articles of Contract of Marriage between Ludovick Colquhoun of Luss, advocate, on the one part, and Marion Dalrymple, daughter of Sir Hew Dalrymple of North Berwick, Lord President of the Session, now spouse of the said Ludovick Colquhoun, with consent of the said Sir Hew Dalrymple, and he for himself, on the other part, made after the marriage of the said Ludovick and Marion, as follows : The said Ludovick Colquhoun binds himself, his heirs and successors, upon his own charges to infeft the said Marion Dalrymple, his wife, in case she shall happen to survive him, in a liferent provision of lands paying the sum of 4000 merks Scots of free rent, over and above all burdens except cess, and to extend the writs thereon between the date hereof and 1st January next; and since the tailzie of Luss made by the deceased Sir Humphrey Colquhoun of Luss contained certain irritant clauses whereby the fee was provided to the deceased Dame Anna Colquhoun, his daughter, to whom the said Ludovick Colquhoun is heir of tailzie, served and retoured, and it is specially provided that it shall be lawful to the heirs of tailzie therein specified to infeft their spouses in liferent provisions of a part of the estate not exceeding the third part of the free rent, not in any wise by way of annuity to be uplifted furth of the tailzied estate, but in lands of so much yearly 496 ABSTRACT OF GRANT CHARTERS NOT PRINTED. [1728. rent by way of locality ; and the said Ludovick being resolved strictly to observe the conditions of the tailzie in all points, it is agreed that if the 4000 merks exceed the third part of the free rent of the estate, the said liferent provision be restricted to the third part of the free rent of the tailzied estate ; and in such a case the said Ludovick binds himself, his heirs and successors, to make up what was wanting of the 4000 merks, out of any other estate, personal or real, that shall belong to him at his decease, except the tailzied estate, etc. Which liferent provision the said Marion, with consent of her father, accepts in full satisfaction to her or her executors of all further liferent, terce, or third of moveables or what else might fall to her through decease of the said Ludovick, except as specially provided. In case there be no heirs-male of the marriage, but only daughters not succeeding to the tailzied estate, if only one, 30,000 merks is to be her portion ; if two, 40,000 ; if three or more, 50,000, to be divided as their father shall think fit, or otherwise. On the other part, the said Sir Hew Dalrymple has given secuiity for payment of a portion of 25,000 merks to the said Ludovick Colquhoun, his heirs or assignees, to be applied for further security to the said Marion of her liferent provision in the case above specified, and in the next place for a fund of provision for the younger children of the marriage : which provision the said Marion Dalrymple, with consent of her husband, and he for himself, accept in full satisfaction of all former provisions made to her by her father, etc. With other formal clauses. Dated at Edinburgh, 13th August 1728. Signed, " Lud. Colquhoun." "Marion Dalrymple." " Hew Dalrymple." 49 1 OF PERSONS. Hfc Abercairnie, Laird of (Moray), 1. 334 ; II. 28. Abercrombie (Abercromby, Abereromie, Aber- crommi, Abercrumby), Alexander, of Bir- kenbog, III. 414, 415, 436. Sir Alexander, of Birkenbog, III. 353. Alexander, of Glasoch, III. 251. Arthur, II. 527. Patrick, M.D., author of "Martial Achieve ments of the Scots Nation," I. 41. George, of Leis, III. 67. George, III. 210. Sir James, of Birkenbog, I. 362. Mr. John, III. Ill, 134. Mr., II. 104, 105, 128. Sir Ralph, I. 474 ; II. 519. Sir Robert, Baronet, of Birkenbog and For- glen, I. 483. Constance Helena, his daughter. See Grant, Honourable James Ogilvie. Thomas, of Skeytb, III. 436. Aberdeen, Adam Bellenden, bishop of, II. 66. Alexander, bishop of, I. 42 ; III. 12. Gavin, bishop of, III. 75, 76. Grey Friars of, III. 120. Henry, bishop of, III. 8. Thomas, bishop of, III. 28. William Elphinstone, bishop of, III. 44, 51, 53, 55, 57, 58, 263. William Gordon, bishop of, III. 381. William Stewart, bishop of, III. 77. William, second Earl of, II. 319, 321. provost of, II. 1 63. Abergeldy (Aberzeldy), Fergus in the Cotton of, III. 70. Aberlour, the Laird of, II. 206. 3 Abernethy (Abernithyn, Abirnethti, Abirnethy), Alexander, III. 230. Captain, II. 215. Hugh of, III. 6. James, III. 349. John of, III. 16. John, I. 198. Lancelot of, III. 259. Abinger, rector of, II. 437. Aboyne, Charles Lord, I. 246-249. • John Gordon, Viscount of, I. 231. John, third Earl of, II. 435. Abraham, James, sheriff-clerk of Nairn, III. 223. Acheson, Sir Archibald, Secretary of State, II. 15. Achlek, Andrew, III. 81. Ewin, III. 28. Achmaden, Laird of, II. 213. Achnacarie, Laird of, II. 100. Achnagairn (Abnagairn), Laird of. See Fraser. Achoynanie. See Grant of Arndilly. Ackland, Lieutenant-Colonel, II. 469. Adam, Mr. James, II. 444, 445. Adamnan (Adampnan), St., III. 124. Aiguillon, Due de, II. 540. Ailesbury, Earl of, II. 558. Airlie, James Ogilvie, second Earl of, I. 239. Mary Grant, his second wife, I. 239. Aithbe, Helen, III. 291. Akin, J., of Fid, III. 239. Alan, son of Roland, Constable of Scotland. See Galloway. Albany, John, Duke of, Governor of Scotland, I. 91, 98, 102; III. 64. Robert Stewart, Duke of, I. lxxv, 31, 50. Albemarle, George, Duke of. See Monck. Lord, II. 255. 498 INDEX OF PERSONS. Albert, Prince, Prince Consort, I. 1, xci. Alester (Allester), Alexander McWilliam, III. 269. Elspeth, in Little Cardell, III. 369. Alexander the First, King of Scotland, I. xlviii. the Second, King, I. xlix, 5, 6, 40 ; III. 2. the Third, King, I. 1, Ixxi, 7 ; III. 6. Princess Margaret, his wife, I. 7. Alexanderson (Alexandri), Gilbert, III. 40. Patrick, III. 40. William, III. 57. Allansone, Rorie, in Culbokie, III. 390. Ronald, in Stratharrok, III. 81. AUardyce (Allerdes), James, Archdeacon of Moray, III. 33. Allegre, Marquis d', a French General, I. 340, 341, 343. Allison, David, vintner in Perth, II. 23.9, 240. Almond (Amond), Lord, II. 65. Alpin, King, II. 549. Amherst, Lord, II. 281, 563. Ancaster, Brownlow, fifth Duke of, II. 469. Anceaume, Mr., Secretary of the Vicomte de Vaux, II. 558. Ancelet, Monsieur d', II. 545. Madame la Comtesse d', his wife, II. 545, 549. Comtesse d', their daughter. See Grant, Baron, of Blairfindy. Anderson (Andersone, Andersun, filio Andree), Alexander, III. 291. Donald, III. 28, 71. Dr. James, author, II. 490. James, burgess of Elgin, III. 350. James, servitor of George Lord Gordon, III. 322. John, notary, III. 32. John, in Kinloss, III. 111. John, canon of Orkney, III. 114, 115. John, a painter in Aberdeen, I. 211, 212. Lieutenant, II. 525. Patrick, notary, III. 105. Robert, notary, III. 58. Robert, III. 347. Walter, III. 18, 19. William, canon of Moray, III. 31. Andrew (Andro), John, depute-clerk of Privy Council, III. 136, 188. Mr., writer in Edinburgh, II. 500. Angus,. Arcliibald, Earl of, Chancellor of Scotland, III. 42. G., Earl of, III. 1. Angus, Dame Jean Lyon, Countess of. See Spynie. ¦ William, tenth Earl of, I. 171-173 ; II. 3, 4. Earls of, I. 66. Angusson (Angucii), Thomas, III. 22. Annand, George, notary, III. 406. John, of Murrestoun, III. 176, 405. John, provost of Elgin, III. 135, 139, 148. Thomas, of Ochterallain, III. 114, 115. Annandale, James (Johnstone), Earl of, I. 285. John (Murray), Earl of, II. ] 5. Anne, Queen, I. 323, 331-333, 335, 341-345, 347, 370,373, 437; II. 10, 30, 31, 105,130; III. 489-491. Prince George of Denmark, her husband, II. 30. Antonius, Cardinal, Great Penitentiary of Pope Paul in., III. 85-87, 90-93. Antrim, Randal, Earl of, III. 225. Arboky, Alexander, of that Ilk, III. 41. Arbroath (Abirbrothok), George Hepburn, abbot of, treasurer of Scotland, III. 53, 56-58. Malcolm, abbot of, III. 259. Arbuthnot, Mr., II. 509, 510. Arcandie, III. 349. Archibald, George, III. 330. Ard, Cristin of the, I. 20, 21. John, his son, I. 20. Ardchattan (Ardchattene), John Campbell, prior of, III. 378. Ardgour, Laird of. See Maclean. Argyll (Argyle, Ergile), Archibald, second Earl of, III. 44, 51, 53, 55. Archibald, fourth Earl of, I. 130; III. 117. Archibald, fifth Earl of, I. 137. Archibald, seventh Earl of, I. 173-175, 183- 189; II. 6, 12; III. 168, 183, 213,314- 316, 412, 413, 417, 418, 435. Archibald, eighth Earl and Marquis of, I. ci, 173, 245, 253, 256, 257, 264 ; II. 15, 17, IS, 60, 62, 65-67, 73, 83, 506. Archibald, ninth Earl of, I. 299, 305-307 ; II. 24, 25, 90 ; III. 358. John and Charles, his sons, II. 90. Archibald, first Duke of, II. 344, 355. Archibald, third Duke of, II. 151, 219, 240, 242, 247, 254, 255, 269. See also Islay, Earl of. Colin, first Earl of, III. 28. Colin, third Earl of, I. 89 ; III. 64. Colin, sixth Earl of, I. 147-149. INDEX OF PERSONS. 499 III. 145, Argyll, John, second Duke of, and Greenwich, I. 326, 349-353, 355-358, 361-363, 369; II. 32, 34, 94, 96, 105, 106, 111, 112, 130, 2S2-290, 292, 306-309, 311, 312, 314, 316, 330, 353, 355, 356, 358, 359, 378, 418, 420. Duchess of, II. 35S. John Campbell of Mammore, fourth Duke of, II. 272. John, fifth Duke of, II. 452-454, 475. family of, I. 80, 349 ; II. 1 1 1, 283, 284, 317, 325, 355, 356, 365, 402. Arnot (Arnott), David, of that Ilk, III. 290. Major William, III. 464. Arragon, Alfonso, Kiug of, I. 4. Arran (Errane), James, Earl of, III. 62. James, Earl of, and Duke of Chatelherault, Governor of Scotland,! 116,125, 129; III. 93, 96-99, 105, 106. James Stewart, Earl of, I. 159, 160 399, 400. Athole (Atholl), Duncan of, 1. 44; III. 13. Robert, his son, I. 44 ; III. 13. James, second Duke of, I. 401 ; II. 22S, 231, 232, 286, 287, 345. John, Earl of, I. 15-17. John, first Duke of, II. 100, 101, 107, 10S. John, third Duke of, II. 473, 475, 498. Lady Charlotte Murray, his Duchess, II. 472-474. John, fourth Duke of, II. 49S. John-James-Hugh-Henry, present Duke of, III. 1. John Murray, Earl of, II. 53. John Murray, Earl and first Marquis of, I. 298, 307 ; II. 24, 90 ; III. 467, 468. John Stewart, third Earl of, I. 152; III. S3. John Stewart, fourth Earl of, I. 116, 136- 138, 150; III. 129, 143, 150, 381. Margaret Fleming, Countess of, his wife, III. 288. Johu Stewart, fifth Earl of, I. 166, 168, 171, 172 ; II. 3 ; III. 176, 178, 288, 421, 422. John Stewart, Lord Innermeath, Earl of, I. 179; III. 192-194, 296, 297. Dame Marie Ruthven, Countess of, his wife, III. 192, 193, 296, 297. Patrick, Earl of, I. 4. Athole, William, Marquis of Tullibardine, subscrib ing as Duke of, I. 408; II. 161, 162, 227, 228, 232. family of, II. 284, 356, 491. Auchluncart (Achlunkart, Afflunkart), goodman of, III. 436. Laird of, II. 157. Auchterblair, Laird of. See Grant. Auchtertyre, goodman of. See Beaton. Audvant, an engraver, II. 533. Augustine, servitor of Andrew, Bishop of Moray, I. xxix. John, Benedict, friar of Kinloss, and Sir William, his sons, I. xxix. Sir William, son of, I. xxiii; III. 6. Robert of, I. xxix. Augustine, his son, Lord of Inverallan, I. xxix, 22 ; III. 257. Gilbert, his brother, I. xxix, 22 ; III. 257, 258. John of, of Inverallan, his son, I. xxix, 22, 34; lib 257, 258. family of, Lords of Inverallan, I. 23, 34, 53. Austin (Austeane, Oistiane), Thomas, parson of Advie and Cromdale, III. 150, 152, 291, 293. Avandale, Andrew, Lord, Chancellor of Scotland, III. 28. Aytoun, Andrew, advocate, III. 482. David, bis servitor, III. 482. Baid, Alexander, friar of Kinloss, HI. 115. Baillie (Bailze, Bailzie, Bally), Alexander, of Dun- am and Sbeuglie, I. 68. Catherine Grant, his wife, I. 68. Alexander, elder of Dochfour, II. 349, 362. • Hugh, his son, younger of Dochfour, II. 360- 363. James, younger brother of Hugh, II. 360, 361. ¦ Alexander, of Dochfour, son of Hugh, II. 477. Alexander, of Dunzeane, I. 223 ; III. 231, 232, 322. Alexander, constable of Inverness, III. 371. Alexander, sheriff-depute of Inverness, III. 80. David, of Dychtnayne, III. 282. Evan, of Abriachan, II. 113-116, 328, 331, 334, 336-338, 342, 343, 363, 366-368, 379, 383-386, 3S8, 390, 393, 405-407. 500 INDEX OF PERSONS. BaiUie, General, or Colonel, I. 262 ; II. 16, 75. Mr. James, II. 476. Sir James, member of the Privy Council, III. 228. John, II. 117. John, of Torbreck, II. 263, 368. Mr., minister of Inverness, II. 304. Thomas, of Ardneidlie, III. 152. Bessie Gordon, his relict, III. 152. William, of Ardneidlie, I. 156. William, of Blakbe, III. 39, 40, 49. William, in the Hauchis, III. 154, 155. family of, I. 156. Bain (Bane, Bayn, Bayne), Alexander, of Tulloch, III. 143, 149, 150, 159, 389, 390. Donald, II. 22. Donald, or M'Donald, II. 132, 133. John M'Donald wick Gorrie, II. 22. James, III. 332. John, III. 82, S3, 349. John, Writer to the Signet, III. 353. • Mr., painter, London, II. 492. Ronald, burgess of Dingwall, III. 390. William, III. 291. Baird (Bard), Sir James, of Auclimedden, II. 23. Anne, sister of William Duff, Lord Braco, wife of William of Auchmedden, II. 254. Walter, of Ordinhwiffis, III. 386. William, II. 2. Balfour, David, of Dovene, III. 379. Henry, III. 191. Sir James, Clerk Register, III. 13S. Lord, of Burly, I. 255. Balhadie, Laird of, II. 373, 377, 386, 388, 395. Baliol (Balliol, Bayllol), Henry of, Chamberlain of Scotland, III. 3. Ingeram of, Sheriff of Berwick, III. 3. John, King of Scotland, I. 18. Thomas, I. 46. Baliols, the, I. 5. Ballantyne (Ballintyne), Thomas, of Newtyle, III. 176. Balmerino, commendator of, III. 138. Lord (Arthur, last), I. 435 ; II. 259, 261. Balmyle, William of, rector of Abirbuthnot, III. 17. Balnagown, Laird of. See Ross. Balnain (Belnan, Beloan, Belvan), Laird of. See Fraser. Balvaird, John, notary, III. 224, 434, 435. Banks, Sir Joseph, II. 491. Bannatyne, J., III. 72, 154. Bannatyne, Mr. Macleod, II. 505, 506. Major-General, Bombay, II. 525. Banquo, Thane of Lochaber, I. 1. Barclay (Berkelai), Christian. See Grant, James, third of Freuchie. John, her brother, III. 1 14. Gilbert, Chamberlain of Mulben, III. 354. Isobel, daughter of the Baron of Towie, I. 122. Mr. John, III. 104. Patrick, of Grantully, III. 61. Robert of, III. 1. Thomas, vicar of Echt, III. 47. Walter, of Drumdelgy, III. 181. Walter of, Chamberlain of Scotland, HI. 1. • Walter, chaplain, III. 47. Barnard, Sir John, II. 240. Barnardiston, Dr., Bennet College, Cambridge, II. 437. Barra, Laird of, II. 566. Barron (Baroun), Patrick, of Spittallfeld, III. 67. Batemau, Major George, III. 47S. Baxter, Augustine, III. 416. Beaton (Betoun), Alexander, I. 147. Alexander, of Ochtertyre, III. 191, 192. Cardinal, I. lxiii, 108, 119 ; III. 276. Sergeant, I. 455. Beauchamp, Walter de, Constable of Gloucester, I. 17. Beaufoy, Mr., II. 498. Beauly (Bevling), Robert, prior of, I. 27 ; III. 11. Nichol, prior of, III. 65. Bedford, John, Duke of, I. 388; II. 215, 218, 255, 272. Beg, David, III. 269. Bell (Bel), Alexander, custumar of Inverness, I. 47. Finlay, prebendary of Croy, III. 3, 26, 31. John, III. 30. Belladrum, Laird of. See Fraser. Belsches, John, advocate, I. 199, 200 ; III. 325, 327, 328, 331, 333. Bernstorf, II. 355. Bertoun, Robert, of Over Berntoun, comptroller, III. 73-75. Berwick, Lord, II. 39. Bessborough, William, second Earl of, II. 557. Biggar, Colonel, II. 214. Binning, Thomas, Lord. See Haddington, Earl of. Birny, Mr. James, III. 154. Black (Blak), Alexander, Serjeant at Inverness, III. 62. INDEX OF PERSONS. 501 Black, John, burgess of Inverness, III. 18, 19. Blackadder (Blacader, Blakater), Captain Alex ander, II. 9. James, of Tillieallen, III. 136. Blackney, General, II. 179. Blackstoek (Blakstok), Andrew, III. 80. Black Watch, or 42d Regiment, I. 405, 457. Blackwood (Blakwod), Adam, in Perth, III. 111. Blah- (Blaire), Hugh, III. 476. Mr., II. 405. Mr., minister of Kingussie, II. 220. Robert, II. 83. Blairfindy, Baron de. See Grant. Bland, General Humphrey, I. 433 ; II. 35, 245, 248-254. Blantyre, Patrick of, I. 34. Stephen, his father, I. 34. Robert Walter, eleventh Lord, I. 493. Honourable Cai-oline Stuart, his daughter. See Sir John Charles Grant Ogilvie, seventh Earl of Seafield. Walter, prior of, treasurer of Scotland, III. 184, 18S. Blunt (Blwnt), Thomas, III. 34. Boggs, Lady, II. 127. Bohemia, King of, II. 53. Bolton, D., II. 215. Bona (Bonoth), William, rector of, III. 40. Bonar (Boner), Robert, III. 326. Borchan, Nicol, notary, III. 58. Borthwick (Borthwik, Brotbik), David, advocate, III. Ill, 118. Boscho, WiUiam de, Chancellor of Scotland, III. 2. Boswell, Sir Alexander, of Auchinleck, I. Ixviii, Ixxxiv. Bothmar, II. 355. Bothwell (Bothewall, BothuUl), Francis Stewart, Earl of, I. 173. Francis, burgess of Edinburgh, III. 75. James, fifth Earl of, I. 137, 13S. Patrick, first Earl of, III. 42, 44. Patrick, third Earl of, III. 278. Walter of, Sheriff of Elgin, III. 257. Bowls, Mr., II. 312. Bowman, John, in Auchquhile, III. 71. David, his son, III. 71. Boyd (Boyde), Hugh, III. 11. Robert, Lord, Chamberlain of Scotland, III. 28. Mr., merchant in Edinburgh, HI. 349. Boyne, Laird of (Ogilvie), II. 419. Boyssoun, Thomas, III. 72. Brabuer (Brabiner, Brebner), Donald, III. 270. John, in Elgin, III. 233. John, Glenesk, III. 453. Patrick, III. 70. Paul, III. 70. Thomas, HI. 1 1 1. Braco, William Duff, Lord, afterwards Viscount Macduff and Earl Fife, I. 383-3S5, 391 ; II. 123, 127, 128, 155, 167, 172, 254, 323, 326, 377, 421, 428, 430, 527. Jean, his wife, daughter of Sir James Grant of Grant, I. 391 ; II. 128. 480, 527. James, his son. See Fife, Earl. Patrick, his son, II. 128. Bradhoucke, GUbert of, III. 4. Bradwod, Archibald, friar of Kinloss, III. 115. Breadalbane, John, first Earl of, II. 411. John, second Earl of, II. 319, 531, 532. John, third Earl of, I. xciv. Brechin, Henry White, dean of, I. lxiii ; III. 276. John Hepburn, bishop of, I. lxiii ; III. 276. Patrick, bishop of, Chancellor of Scotland, HI. 12. Walter Wbitford, bishop of, II. 66. Brereton, Mr., II. 438. Mrs., II. 438. Brocla, Alexander, vicar of Alith, III. 16. Brodie (Brody, Brothy), Alexander, of Brodie, Lord of Session, I. 287, 288, 299, 300, 302, 328; II. 75 ; III. 471, 485. Alexander, of Brodie, Lyon King-of-Arms, I. 376, 377, 379-381, 400, 402; II. 110- 112, 115-117, 119-121, 127, 129-131, 145- 150, 158, 167, 170, 179, 192, 194-196, 215, 216, 219, 220, 263, 300, 305, 314, 316, 318, 322, 323, 326, 328, 329, 332, 382, 396, 400, 409, 418, 420, 425-427, 430. Mary, his wife, II. 110, 116, 148, 150, 158, 167, 196, 216, 219, 220, 305. Alexander, of East Grange, first of Lethen, I. 204, 210 ; II. 65, 67, 74, 75 ; III. 459. Alexander, of Lethen, his son, I. 296-298, 303, 304, 307, 320, 328, 371 ; III. 469-472. Elizabeth Craig, his wife, 1. 303, 304 ; III. 472. Janet, their daughter. See Grant, Ludovick, of Grant. Alexander, of Lethen, "The Marquis" (1703- 1745), I. 380, 381 ; II. 116, 117, 119, 120, 129, 150, 323, 332, 336, 342, 343, 396- 39S, 401, 417, 428. 502 INDEX OF PERSONS. Brodie, Thomas, his brother, II. 396. Alexander, II. 415. David, of that Ilk, II. 52 ; III. 406. David, of Brodie, his son, II. 52. David, of Pitgaveny or Petgownie, I. 307 ; II. 328 ; III. 471, 472. Dr., II. 499. George, of Brodie, II. 287. James, brother of Alexander Brodie of Lethen, III. 471. James, of Brodie, II. 527 ; III. 471. Jane Catharine Anne, his daughter, II. 527. Joseph, Mr., I. 286. Misses, II. 500. Mr., merchant, II. 531. Nicolas, Burgess of Elgin, III. 349. P., II. 272. WUliam, II. 300. Thane of, III. 27. family of, I. 296, 379 ; II. 116. Broglie, Marshal, Due de, II. 539. Brown (Broune, Brovne, Brovun), Donald, I. 325, 326. James, III. 324. his wife, III. 324. James, vicar of Cromdale, III. 45. Jonet, wife of Alexander Cuming of Altyre, III. 377. Mr., II. 434. Mrs., II. 528. Peter, freebooter, I. 325, 326. ¦ Robert, III. 33. Thomas, friar of Kinloss, III. 115. WUliam, friar of Kinloss, III. 115. Bruce, Alexander, of EarlshaU, III. 289, 290. Edward, of Kennet, III. 115. George, notary, III. 400. Colonel Sir Henry, I. 241 ; III. 228, 229, 443. Bruces, The, I. 5. Buchan, Alexander Comyn, Earl of, I. 10, 11. Alexander Stewart, Earl of, Lord of Badenoch and Strathavon (" Wolf of Badenoch' liii, Ixviii, Ixxi, lxxix, 30-32. John Comyn, Earl of, I. 15, 16. Robert Douglas, Earl of, I. 148, 156 ; 154, 155. William Comyn, Earl of, III. 1, 2. Major-General, I. lxxviii, 317, 318. Buchanan, John, II. 428. William, III. 333. William Dou, II. 42. I. 111. Buckingham, Duke of, I. 223, 225. Buckinghamshire and Normandy, John, Duke of, I. 391. Catharine Sophia Sheffield, his daughter, I. 391. Budgie, a pavior, III. 330. Budit, John, burgess of Tain, III. 88. Bukkoy, Count de, II. 57. Bunche, John, III. 127. Burdsyards, Laird of. See Urquhart. Burgess, Mary, a witch, III. 244, 245. Burke, Edmund, statesman, II. 505. Burnet (Burnett, Byrneth, Byrnetht), Isobel, in Elgin, III. 350. Miss, II. 415, 416. Walter, III. 3. William of, vicar of EskiU and Duple, III. 2, 31. Burns, Robert, the Poet, I. xliv, lxvii, Ixviii, 325, 452, 453. ¦ Gilbert, his brother, I. 453. Burt, James, friar of Kinloss, III. 115. John, prebendary of Moy, HI. 367. Bury, George, Viscount, II. 35. Bute, John, first Marquis of, II. 469. John Stuart, his son, II. 469. Butter (Buttar, Buttyre), Finlay, III. 32. — ¦ — - John, a priest, III. 38. Captain, South Uist and Barra Fencibles, II. 566. Byng, Sir George, I. 342. Byres, Sir John, of Coates (Coittis), I. 239 ; III. 463, 464. Lilias Grant, his wife, I. 239 ; III. 343, 352, 463, 464. George, his son, III. 464. Byset (Bisate, Bissat), Albreda, wife of WiUiam le Grant of East Bridgeford, I. 4, 5, 7, S. Baldred de, I. 14. Cecilia, wife of Sir William Fenton, I. 20. Elizabeth, granddaughter of the founder of Beauly Priory, I. 13. Ernulpb, I. 5. Henry, father of Albreda, I. 4. Henry, I. 5. John, founder of Beauly Priory, and Lord of the Aird, I. 4-6, 11, 20, 2], 40. Mary, his daughter, I. 11. John, Lord of the Aird, his son, I. xxiii, 3, 5, 6, 9, 19 ; III. 5, 6. Muriel, his daughter, wife of Sir David of Graham, I. 19. INDEX OF PERSONS. 503 Byset, Mr. John, III. 268. Manassar or Mauncell, steward of King Henry the Second, I. 4, 5. WUliam, Henry.and Ansold,his brothers, I. 5. Patrick, III. 262. Richard, III. 16. Sir Robert, III. 5. Sir Thomas, HI. 5. Thomas, custumar of Elgin, I. 46, 47. Walter, Lord of Aboyne and Stratherrick, I. 4-8, 11, 12, 14, 20, 26, 40. William, patron of the parish church of Abertarff, I. 33. William, I. 1 4. family of, I. xxiv, 12, 14, 15, 21, 23. Bysets, in England, 1. 4-6, 9. of Beaufort, I. 13. in Moray, I. 6. Caddell, Finlay, III. 326. John, I. xxxiii. Grizel Hay, his wife, I. xxxiii. Cadogan, General, afterwards Lord, I. 361, 362, 367 ; II. 98-101, 103, 292, 354, 355. Caithness, Andrew, bishop of, III. 263. Earl of, I. 9, 101, 298 ; II. 24. George (Sinclair), fourth Earl of, I. 137, 13S. George (Sinclair), fifth Earl of, I. 161, 214. John (Sinclair), third Earl of, I. 101. John (Campbell of Glenorchy), Earl of (1677), I. 298 ; II. 24. John, Master of, I. 138. John Abernethy, bishop of, II. 67. CaUendar, James, first Earl of, II. 84. Cambridge University, Vice-Chancellor of, II. 436, 437. Cambuskenneth (Cambuskynuet), Alexander, abbot of, I. lxiii ; III. 276. Henry, abbot of, III. 42. Cambusmychel, G. de, bailie of Inverkoych, I. 10. Camden, Charles Lord, Lord Chancellor, II. 272. Cameron, Alexander, brother of Donald of Lochiel, III. 255. Allan McConill Dow (or Makindue), Captain of Clan Cameron or of Lochiel, I. 138, 162, 163, 181, 183, 184, 192, 212-217 ; II. 40, 42-47, 50, 76, 529 ; III. 166-170, 203, 204, 220, 223, 224, 255, 298, 335, 336, 412, 413, 431-434. Cameron, John, his son, I. 212, 213, 216, 217 ; II. 42, 43, 46, 47 ; III. 255, 431-435. Archibald, brother of Donald of Lochiel, II. 220, 222. Charles, of Lochiel, II. 541, 543, 54G. Donald, of Lochiel, I. 416 ; II. 142, 143, 156, 159, 169, 220, 222, 227, 233, 236, 327, 395, 396, 403 ; HI. 254, 255. Aune Campbell, his wife, II. 143, 395, 396. Donald Dow MOoneil M°Ewin, I. 136, 138 ; III. 130-132, 255. ¦ Donald Ewin Allansone, I. 90, 91, 95, 105 ; III. 64-67, 255. Agnes Grant, his wife, I. 90, 91, 95; III. 64, 65. Donald, of Ratullichebeg. See MacMartin. Sir Ewen, of Lochiel, I. 316 ; II. 91, 100, 101. Ewiu Allansone, I. 90, 110-115, 119, 120, 161, 176 ; III. 64, 65, 161, 255. Ewin McConill (Donaldson), or Ewin of Lochiel, grandson of Ewin Allansone, I. 112-115, 120, 125, 296; III. 102, 103, 161. Ewen, of Erracht, I. 138. Ewen, of Glennevis, II. 458. Helen Grant, his wife, II. 458. Ewin, servitor to Allan of Lochzeild, III. 298. John Allansone, III. 67. Allan, bis son, III. 67. ¦ John, friar of Kinloss, III. 115. ¦ John, of Kinlochiel, I. 138. John, of Lochiel, II. 145, 232, 236. John, I. 42. EUen de Montealto, bis wife, I. 42. Mrs., I. lx. Sorle, III. 298. Camerons or Macmartins of Letter Finlay. See Macmartin. Camerons, clan of, or Clanchamroun, I. lxxxiv, 57, 62, 115, 117, 119, 126, 129, 138, 139, 144, 161, 162, 171, 184, 192, 212, 213, 216, 315, 316, 323; II. 100, 145, 147, 159, 202, 222, 223, 226, 230, 231, 235, 236, 255, 339, 529, 530; III. 64, 94, 98, 130, 132, 133, 146, 160, 161, 166, 167, 181, 203, 334-336, 433, 449. See also M'Ewen. in Urquhart, II. 148, 265. Campbell, Archibald, of GlenkaredeU (Glencarra- dill), III. 214, 314, 315, 418, 435. 504 INDEX OF PERSONS. CampbeU, Archibald, son and apparent of Sir John of Cawdor, I. 121, 124; III. 90. Isobel Grant, his wife, I. 124. (Archibald), of Lochnell, I. 174, 175. Sir Archibald, II. 305. Colin, his son, II. 305. Captain, I. 361. Captain, of Skipness, II. 319, 374, 381. Sir Colin, of Ardkinglass, III. 335. Colin, of Blairn Nairne, III. 407. Colin, of Clunes, I. 239. Mary, his daughter, wife of Thomas Grant of Balmacaan, I. 239. Colin, of Lundie, I. 175 ; III. 412, 417. Colonel, of Georgia, II. 468. Donald, of Auchindrayne, III. 434. Donald, of Duntroyne, III. 434. Patrick, his son, III. 434. Donald, of Parbrek LochawJII. 220,224,431. Donald, adjutant, II. 35. Mr. Donald, II. 47. Sir Dougald, of Auchinbrek, II. 47 ; III. 335, 431. Duncan, fiar of Auchinbrek, II. 47 ; III. 431. Dougald, minister at KUvichockarmik, III. 434. Dugald, Captain, III. 242, 243. Sir Duncan, of Glenorchy, I. 165, 175, 188 ; II. 50. Sir Duncan, officer in Black Watch, II. 319, 374, 381. Duncan, II. 38, 39. Frederick, Lord, II. 509. Home or Hume, II. 215, 260. Sir Hugh, of Cawdor, HI. 485. Sir James, of Lawers, I. 187, 188, 257 ; II. 12, 72, 73 ; III. 213, 214, 412, 417, 435. John, prior of Ardcbattan, III. 378. Colonel John, of Mammore, afterwards Duke of Argyll, I. 436 ; II. 35, 112, 113, 218, 244, 251, 324, 338, 358, 384, 386, 389-391, 394, 395. See also ArgyU, Duke of. Sir John, of Cawdor (CaddeU, Calder, Cal- donr), I. 121, 124; III. 90, 107, 268. Elizabeth, his daughter, III. 107. John, of Cawdor, I. 166, 168-170, 175 ; III. 159, 162-165, 176, 178, 288, 396. Sir John, of Cawdor, sheriff of Nairn, I. 213 ; III. 221, 223, 335, 410, 412, 417. John, of Cawdor (1697-1777), II. 332, 397, 427, 428. Campbell, John, provost of Edinburgh, II. 353. John, II. 378. Mr., younger of Einsay, Harris, II. 564-567. Misses, of Blythswood, II. 500. Patrick, of Stouk, III. 434. Principal, II. 385. Quartermaster-General, II. 146. Robert, of Glenfallocb, III. 335. WUliam, of Brachley, III. 410. WUliam, of Geddes, III. 221. of Lochnell (Locbinyell), III. 335. Campbells, I. 174 ; II. 228, 232, 251, 252, 262. Cannon, Colonel, I. Ixxviii, 317. Cant, Andrew, minister at Alford, II. 49. Cantly, II. 191. Carane, Laurence, burgess of Inverness, III. 18, 19. Card, Donald, III. 269. Cardigan, Lady, II. 529. Cargil, Andrew of, III. 16. Carleton, Sir Guy, II. 552. General, his brother, II. 552. Carlisle, Frederick, fifth Earl of, II. 480. Carlyle, Dr. Alexander, minister of Inveresk, 1. 471. Carmiehael (Carmichell), John, III. 325. Thomas of, Canon of Moray, I. Iii, 64. Carnegie (Carnagy), David, Lord, afterwards first Earl of Southesk, III. 228. of Boiseck, II. 143. Mr. William, III. 291. Carriek, John Stewart, Earl of, afterwards King Robert the Third, I. 50. Carriek, , sister of Lady Lovat, II. 144, 322, 394. CarroU, II. 157. Carry, John, III. 57. Carstairs (Carstairis), James, servitor of Thomas Hope, advocate, III. 422. Carte, Valentin, I. 345. Cassillis, Gilbert, Earl of, III. 62. John, sixth Earl of, II. 83. Castile and Leon, John of Gaunt, King of, I. 49. Cathcart (Carcart), Colonel, II. 422, 423. Charles, eighth Lord, II. 329, 358. William, tenth Lord, afterwards Viscount of, II. 278. Catour, Alexander, burgess of Elgin, III. 50. Cauldfield, Major, II. 357, 368, 412. Cavendish, Lord Frederick, II. 498. Lord John, II. 480, 498. Cawdor (Calder, Caldor, Caledore), Andrew, Thane of that Ilk, III. 14. INDEX OF PERSONS. 505 Cawdor, Donald, III. 269. John, of Asloun, III. 283. John, precentor of Ross, III. 45. John, III. 204. Sir WUliam of, III. 24, 26. WiUiam, Thane of, I. Iii, 64. WUliam of, younger, III. 26. WiUiam, III. 269. famUy of, of that Ilk, I. lvii. Cecil, Colonel, I. 366. Chalmer (Chalmers, de Camera), David, chancellor of Ross, III. 176. . Donald Og M°Conald, III. 315. Duncan, chanceUor of Ross, III. 102. James, of Gadgirth, II. 71. — — James, Leicesterfields, II. 477. Mr. John, minister of Inveravon, III. 341. Mr., II. 509. WUliam, canon of Moray, III. 14. William, Clerk of the Rolls and Justiciar north of the Forth, III. 14. Chapman (Chepman), Rev. James, author of History of the Grants, I. lxxxvii, 2, 105, 113, 122; II. 102, 419. John, III. 80. Louis, II. 332. Charles the First, King, I. lxvi, 199, 204, 205, 219, 223, 229-231, 233, 236, 240, 245, 247-249, 254-257, 260, 262-265, 459 ; II. 7-9, 14-17, 55-57, 64-68, 70, 78-84, 86 ; III. 224-229, 231, 233, 237, 238, 337-341, 439, 443-445, 447, 448-452, 454, 489. Queen Henrietta Maria, his wife, I. 263 ; II. 9. Charles the Second, King, I. xvu, xx, 240, 263, 265, 266, 269, 280, 282, 283, 288, 289, 294, 302, 305; II. 8, 9, 18, 19,21-24,84- 87 ; HI. 244, 245, 248, 249, 345, 346. Charles Edward, Prince, I. xlvi, Ixxxiv, 386-388, 398, 399, 401, 403-405, 408, 409, 411, 413, 416, 417, 421, 430, 431, 434, 436 ; II. 35, 144-148, 151, 155, 156, 159-162, 164, 165, 168, 173, 174, 181, 182, 191, 196, 207, 208, 215, 223, 226-229, 231-234, 236-241, 244, 246, 247, 251, 264-266, 268, 411, 417, 473. Charteris, Colonel, II. 417. ¦ Janet, his daughter, wife of James, fourth Earl of Wemyss, II. 417. Chatelherault, Duke of. See Arran. Chatham, Lord, II. 447. Ohernsyde, Thomas, chaplain, III. 102. Chester, bishop of. See Porteus. Chesterfield, Lord, II. 278. Cheyne (Chen, Chene), Alexander, III. 325, Francis, of Cragye, III. 165. Sir Reginald le, III. 6-8. Sir Reginald le, I. 27. Chisholm (Cheshelme, Chesholme, Chesselyme, Schescheme), The (Roderick), I. 362, 404 ; II. 156, 159, 189, 327, 328, 390. Harald of, in Straglas, I. 83. James, III. 45. John, of Comer, III. 191, 195. Alexander, young Laird of, II. 390. Mr. Thomas, minister of Kilmorack, II. 366, 371, 372, 385, 392. — Sir Robert of, I. 27, 37, 46. Sir Robert, of that Ilk, III. 14. Thomas de, I. 31. Walter, a seaman, II. 285. Welland de, of Comar, I. 46, 80, 84. WiUiam, of Comar, or Comermoir, I. 88 ; III. 62, 63, 372, 373. Chisholms, The, I. 110 ; II. 102, 147. Christie, Mr., picture dealer, London, I. 445. Chrystie, Mr., II. 125. Churchill, Charles, the poet, II. 435. Clan Allan, I. lxxiii. Clan Ayane, III. 98. Clan Chiaran, I. xxvi, 2, 28, 278, 279. Clan Lauchlan, III. 447, 449. Clan Phadric, I. lxvii. Clarendon, Edward Hyde, Earl of, the historian, I. 459. Clark, William, burgess of Tain, III. 88. Claudius, brother of Germanicus, II. 511. Clava, Laird of, younger, II. 117. Claverhouse, John Graham, Laird of. See Dun dee, Viscount of. Clayton, Colonel, I. 346. Clement the Seventh, Pope, III. 68, 70. 264, 276. Fourteenth, Pope, II. 553. Clephane, Major, I. 335. Clerache (Clearach), Laird of, II. 88, 89. Clerk, Duncan, III. 269, 270. Henry, notary, III. 363. Hugh, bailie of Inverness, III. 19. Mrs. James, of Chesterhall, niece of Lady Anne Duff, II. 527. Jane, her daughter, II. 527. John, III. 68, 265. John, his son, III. 68. 3 S 506 INDEX OF PERSONS. Clerk, Dr. John, Edinburgh, II. 320, 342, 356, 357, 369, 389-391, 395, 405. Ranald, bailie of Inverness, III. 19. Robert, in Auchroisk, III. 412. bis son, III. 412. William, III. 242. BaUie, I. xii. Clogie (Clogye), Mr. William, Chancellor of Moray (minister at Inverness), I. 199 ; III. 325, 328, 406, 420, 437. Clunie (Clwnie), David, III. 291. Cluny (Clony), Laird of, II. 39, 40. See also Macpherson. Clyne, WilHam of, III. 10. Cochrane, Robert, architect, I. 70. Thomas, Constable of Kildrummie Castle, III. 33. Cockburn (Cokburne), Adam, of Ormiston, Lord Justice-Clerk, II. 111,295, 334, 353, 359; III. 482. Sir John, of Ormiston, III. 176. Mr., II. 386, 395. Mrs., II. 303. Sir Richard, of Clerkington, Secretary of State, III. 183. Colbert. See Cuthbert. Abbe, II. 544. Collins, M., banker, II. 543. Colonna, Princess, II. 535. Colquhoun, Sir Humphrey, of Luss, I. 371-373, 393, 397 ; III. 253, 487-491, 495. Dame Margaret Houstoun, his wife, III. 487, 488. James (Grant of Pluscarden), I. 368, 371-373. See also Grant, Sir James, of Grant. Anna, Ms wife, daughter of Sir Humphrey. James (Grant), afterwards Sir James, I. 379, 390, 391, 397, 398 ; II. 121, 125, 128, 214, 219, 244, 297, 319, 331, 332, 342, 347, 369, 382, 389, 391, 405, 409, 428, 452, 453, 544 ; III. 254. Lady Helen Sutherland, his wife, I. 390 ; II. 405, 409. their son, II. 452, 453. ¦ Sir John, of Luss, Baronet, III. 489-491. Ludovick. See Grant, Sir Ludovick, of Grant. Marion Dalrymple, his first wife. See Grant. Mr., II. 454. Colquhouns of Luss, I. 186, 390, 391 ; II. 108, 294, 424. Colt, Dr., II. 120. ColviUe (Coluile, Colvile), Alexander, of Blair, III. 443, 451, 453. Robert, of OchUtree (VchUtre), III. 54, 264. Con, Alexander, of Awcbrye, I. 132 ; III. 119. Condochie, Allestir McKinla, III. 315. Huchen McEan, in Vrquhart, III. 315. William M°Kmla, in Drum, IH. 315, 418. Conflans, Marquis de, II. 539, 540. CoiiUdes, Marechal de, II. 540, 545. Conway, General, II. 447. Cook, John, III. 351. Lord, II. 260. Cooper, Sir Grey, II. 474-476. Cope, Sir John, I. 400-406; II. 145-152, 155, 158-164, 168, 172, 195, 201. Corbet (Corbett), Alexander, I. 17, 20, 21. Archibald, I. 21. Donald, I. 84. Hugh, I. 21. John, III. 11, 70. Laurence, III. 11. family of, I. 21. Cornwallis, Lord, II. 511, 565. Cotton, Colonel, II. 96. Coul (Coule), John de, burgess of Inverness, I. 46. • Laird of. See Mackenzie. Coupar (Couper), Hon. James Elpbinstone, Lord, I. 245 ; II. 295. Walter, burgess of Tain, III. 88. Couplaud, John, in Hauchis, III. 233. Coutes, Thomas, III. 325. Coventry, Mr., Professor of Husbandry, II. 510. Cowe, Thomas, notary, III. 40. Cox, Joseph, of Stamford Vale, Berks, I. 391. Lady Catherine Sophia Sheffield, his wife, I. 391. Catherine Sophia, their daughter, wife of Lieutenant-Colonel Francis Grant, I. 391. Coysoun, Donald, III. 27. Crags, James, Secretary of War, II. 34. Craig, General, II. 519. Ludovick, of Riccarton, III. 471. Thomas, advocate, III. 179, 191, 402. Robert, his brother, III. 402. Craigends, Laird of, II. 423. Craigie (Cragye, Craige, Cregye), Hew, parson of Inverkeithny, notary, III. 148, 282 ; pre bendary, 385. Hugh, scribe of the vicar-general of Moray, III. 270. INDEX OF PERSONS. 507 Craigie, Mr., II. 313, 370. Robert, of Glendoick, Lord Advocate, I. 399, 400, 403 ; II. 144, 146, 155. Crawford (Craufurd), Alexander, third Earl of, I. 63. David, ninth Earl of, I. 163. David, Earl of, and Lord Lindsay, III, 28. George, of Feddereth, III. 264, 267. Ludovick, Earl of, I. 263 ; II. 8, 9. Nichol, of Oxingangis, Justice-Clerk, III. 75. WUliam, of Feddereth, I. xxxi. WiUiam, Laird of Feddereth, I. xxx ; III, 260-263. Crawford and Lindsay, John, Earl of, II. 352, 400, 402. Crawfords of Feddereth, I. xxxi. Crespin (Crispin), Mr., II. 433, 534, 536, 538. CresseweU, WiUiam of, Chancellor of Moray, III. S. Crew, Mr., II. 535. Crichton (Crechtoun, Creichtoun, Crighton), Colonel, I. 347. Sir James, of Frendraught, I. 94 ; III. 365, 366. James, of Frendraught (1589), I. 164. James, of Frendraught (1633), 1. 231 ; III. 447, 448. Sir John, of Strathurd, in. 67. Robert, of Elliok, advocate, III. 395. William, Lord, I. 75. Cromartie, George, first Earl of, I. 82. George, third Earl of, II. 233, 259, 408. — — - Laird of. See Urquhart. Crombie, Thomas, of Kenno, III. 440. Crome, Alexander, of Inyerethnac, I. 82. Crommyssone, Angus John, III. 72. Cromwell, OHver, Lord Protector of England, I. 240, 266, 271, 278, 279 ; II. 83, 84. Crowbo, Tailzour, III. 68. Crown, Mr., an artist in Rome, II. 538. Cruickshank (Crukschanks, Cruschank, Gruv- shanks), Agnes, III. 348. James, HI. 121. John, in Auchnahandett, III. 470. John, III. 34S. Agnes Grant, his wife, III. 348. Mr., High School, Edinburgh, II. 487, 489. Robert, III. 49. Robert, in Auehoraquhy, III. 82. Cuin, Gavin, alias Halket Stirk, I. 280-282 ; II. 20, 21. Culcairn, Laird of. See Monro, George, Cullace, Robert, of Balnamone, III. 153. Robert, younger of Balnamone, III. ] 53. Culros, Stevin, parson of Stronsay, III. 90. Cumberland, WiUiam, Duke of, I. 389, 431-436 ; II. 35, 195, 198, 215, 217, 219, 222, 226- 229, 232, 234, 235, 238-243, 245-248, 251, 253, 255-267, 412. Cumming (Comine, Comyn, Cumin, Cuming, Cvmyng), Alexander, of Altyre, I. 91, 116, 121, 124, 127 ; III. 48, 58, 65, 90, 98, 107, 111, 115, 377, 378. Janet Brown, his wife, III. 377, 378. Alexander, his son and apparent heir, I. 91 ; III. 65. Robert, also his son, III. 378. Alexander, of Altyre, I. 158 ; III. 403-405. Elizabeth, daughter of Duncan Grant, younger of Freuchie, bis wife, I. 158 ; III. 403-405. Alexander, of Altyre (1713), I. 348 ; II. 331. Sir Alexander, brother of John of Badenoch, I. 17. — — Alexander, Earl of Buchan, I. 10, 11. Alexander, in Birmukty, III. 82. Alexander, brother to Delscbangie, II. 95. Alexander, of Ernesyde, III. 90, 109, 378. Alexander, of Ernissyde (Irnyshede), III. 26, 28, 33, 37. Alexander, I. Hi, 58. Euffame, sister of Thomas Dunbar, Earl of Moray, his wife, I. Iii, 58. Alexander, piper, III. 462. Mr. Alexander, III. 90, 377. Christy, III. 48. David, of Kinchirdie, III. 464-467. Isobel Dunbar, his wife, III. 464-467. David, notary, III. 239. Donald, of Dushangie, III. 348. Edmund or Edward, of Kilbride, I. 16. Ferqubar, notary, III. 238, 239. George, burgess and Provost of Elgin, I. 291 ; III. 233, 349. his son, also Provost of Elgin, IH. 349. George, burgess of Inverness, III. 204. George, church officer of Inverness, in. 345. George, II. 516. J., notary, III. 231. James, younger son of Thomas Cumming of Altyre, III. 404, 405. James, of Altyre, II. 385 ; III. 429. 508 INDEX OF PERSONS. Cumming : Margaret, daughter of Hugh, Lord Lovat, his wife, II. 385. James, III. 404. Marjorie Ros, his wife, IH. 404. James, Lyon Office, IL 542, 543. — — John, of Badenoch, I. Ixxi, 15-19, 31. John, his son, I. 15, 16, 19. John, of Ernished, I. 85, 95; III. 47-51, 365. Alexander, his son, I. 85 ; III. 48. Thomas, also his son, I. 85, 95, 105 ; III. 47, 48. Margaret Grant, his wife, I. 85, 95, 105; HI. 47, 48. — — John, of Ernesyde (1593), III. 402. John, of Relugas, I. 265 ; II. 85, 86. Jonet, wife of Alexander Dunbar of Inshe- brok, HI. 403. Lieutenant, II. 99. ¦ Mr., II. 274, 459, 492, 493. Mr. , merchant in Edinburgh, II. 97. Mrs., innkeeper, Grantown, II. 483. Nicolas (Nichole), grandson of Patrick Reoch Grant of Auchnarrows, I. Ixxvi, 61, 152 ; III. 292, 395, 396. Patrick, III. 48, 67. ¦ Rev. Patrick, minister of St. GUes, Edin burgh, II. 136, 137, 380, 385, 390,405. Richard, CasteUan of Darnaway, I. 38, 40, 46, 48. Sir Robert, brother of John of Badenoch, I. 17. Thomas, of Altyre, III. 26, 28. Thomas, of Altyre, grandson and heir of Alexander Cumming of Altyre, I. xxxviii, 124 ; III. 121, 126, 377, 378, 403-405. Margaret Grant, his wife, I. xxxviii, 124, 377, 378. Margaret Gordoun, bis second wife, III. 403- 405. — — Thomas, second son of Thomas Cumming of Altyre, III. 404, 405. Thomas, HI. 29, 67. (William), Earl of Buchan, Justiciar of Scot land, III. 1, 2. William, of Inverallochy, I. 153. Elizabeth or IsobeU Grant, his wife, I. 153. Laird of Inverallochy (1740) II. 399. William, notary, I. 393, 401. . William, III. 48, 67. of Strathdallas, I. 56. Cumming, Lords of Badenoch, I. Ixx, Ixxi. ( family of, I. xliv, xlviii, 15, 22, 23, 28, 29, 31, 53, 54, 56-60, 78 ; II. 88, 474. Cumming-Gordon, Sir Alexander Penrose, of Altyre, I. 441, 445 ; II. 281, 413, 415, 482, 492, 493, 495, 499, 516. Helen Grant, his wife, I. 441 ; II. 413, 484, 495. Jane, their daughter, II. 413. Sir WiUiam Gordon, Baronet, I. 483. Eleanora, his daughter, wife of George Henry Essex, son of Sir Francis WiUiam Grant, sixth Earl of Seafield, I. 483. Cunningham (Cunnegam), Colonel, deputy governor of Inverness, II. 324. Duncan, III. 125. Sir WiUiam, I. 50. Mr., author of History of Taxes, II. 458. Currie, Mr., II. 284. Custerfield, II. 366. Cuthbert (Colbert, Cudberd, Culbert, Cuthbart), Dr., II. 298, 348, 364, 377. John, of Old Castle, III. 80, 396. Mr., watchmaker, London, II. 491. Thomas, III. 286. William, burgess of Inverness, III. 396. Cuthberts of CastlehUl, II. 117, 318, 330, 541, 543, 545. CuydeU, Major Belsbazzar, III. 487. Cwlmulinson, II. 328, 415. Dag, Willie, III. 70. Dalloquhy, Robert, rector of Bemyne, III, 39. Dalrymple, Sir David, of HaUes, Lord Advocate, I. 363 ; II. 465 ; III. 493. George, Baron of Exchequer, II. 151. Sir Hew, of North Berwick, President of the Court of Session, I. 375, 393-396, 398 ; II. 108, 115, 126, 131, 132,269,293-295,297, 300-303, 307-312, 323, 346, 422-425 ; III. 495, 496. • Lady, his wife, I. 394 ; II. 132, 300, 308, 312, 424. Hew, Lord Drummore, his son, II. 293, 295, 309, 310. Marion, daughter of Sir Hew, wife of Ludo vick Colquhoun of Luss. See Grant, Sir Ludovick, of Grant. Marion, granddaughter of Sir Hew, II. 300- 304, 306-311. INDEX OF PERSONS. 509 Dalrymple, James, afterwards Viscount Stair, II. 71. Sir Robert, II. 301, 302, 310. • Sir William, of KUloch and Cousland, II. 115. Agnes, his wife, II. 115. William, nephew of Sir Hew, II. 423. Dalrymples, The, II. 346. Dalzeill, Sir John, II. 80. Dalzell, Professor, I. 471. Dance, Messrs., painters at Rome, II. 534, 538. Daniell, Colonel, II. 19. Darien Company, I. 332. Darnley, Henry, Lord, King of Scotland, I. 137, 138 ; HI. 395. Dartmouth, William, Lord, afterwards first Earl of, I. 342-345. • William, second Earl of, II. 475. Dasbwood, Sir Francis, II. 260. David the First, King, I. xlix, Ixxi. the Second, King, I. li, lx, lxxix, 37-40, 43-45 ; III. 11-13. Marjory, his sister, I. lxxix. Davidson, (Daueson, Davesoue, Davson), Alex ander, III. 351. John, II. 2 ; III. 72. John, notary, III. 69, 71, 265. Mr., II. 503. Nicol, III. 70, 71. Robert, chaplain, III. 279. — — Thomas, II. 56. Delawar, Lord, II. 278. Delness, Laird of, II. 150. Dempster, James, of Auchterless (Auchtirles), sheriff-depute of Banff, I. 124 ; III. 140. Janet Grant, his wife, I. 124. George, of Dunnicben, M.P., II. 485-487, 489, 490. Mrs., his wife, II. 486, 490. James, HI. 105. John, II. 39. Denmark, Christian the Fourth, King of, II. 57. Denvne, John, of Davidstown, III, 102. Alexander, his son, III. 102. Deray, John, III. 68, Derby, Lord, I. 491. Derlyng, John, precentor of Caithness, III. 10. Deskford, James, Lord, afterwards first Earl of Findlater. See Findlater. James, Lord, son of James, fifth Earl of Findlater and Seafield. See Findlater. Deskford, James, Lord, son of James, sixth Earl of Findlater. See Findlater. Walter, Lord, III. 220, 436. Devey, Laird of, II. 304. Dick (Dik), Mr. David, parson of Advie and Crom dale (Cromdale and Inverallan), I. lxxviii, 199, 235; III. 230, 328, 423, 426, 437. James, minister at Laggan, III. 344. John, in Insehernocht, III. 82. Dickson (Dicsoun), Edward, III. 80. William, III. 12. DingwaU (Diggeval, Dingwell, Dinnel, Dyngvale), John, apparent of Kyldone, III. 142. Thomas, of Kildune, son of Jonet Ilis, I. 89 ; III. 109, 373. — Simon, bailie of Inverness, III. 11. WilHam of, Canon of Ross, III. 10. Dirleton (Dryltoun), Lord of. See Halyburton. Disney, Colonel, I. 346. Docbmaluak. See Mackenzie. Dofnald, Harold, son of, I. 20. Dog, Walter, notary, III. 193, 194, 297. William, III. 46. Dolas (Dolays, Dollace, Dollas, Dolles), Alexander, of Buddocb, III. 396. Alexander, of Cantray, I. 118; III. 65, 80, 87, 88, 94-96, 109, 111, 369-371. Henry of, III. 27. John, I. 230 ; III. 444. Patrick, III. 240. Sir William of, III. 7, 8. William, of Budzet, III. 221. William, of Contra (Cantray), III. 335. Domenicbino, painter, II. 534. Don (Done), Alexander, II. 61. Edward, III. 68. John, III. 68. Matthew, III. 68. Donald bane beg, II. 531, 532. Donald beg, III. 269. Donaldson (Donaldsone, Donaldi), Canon, HI. 111. Ewen. See Cameron. James, advocate, II. 37, 38; III. 179, 191. • John, Chaplain of St. Ninians, I. lxxxi ; III. 121-124. John (of Arr), notary, II. 48, 50, 66, 67, 74, 75 ; IIT. 197, 201, 202, 204, 205, 207, 209, 210, 213, 217, 219, 220, 230, 234-237, 29S, 321, 334, 337, 405, 406, 408, 411, 426, 435, 437, 446, 456. Bessie Hay, his wife, III. 337. 510 INDEX OF PERSONS. Donaldson, John, also a notary, III. 355-357. John, sheriff-clerk -depute of Banff, III. 484. Robert, in Arr, III. 244. Robert, III. 349. Margaret, his sister, III. 349. Thomas, III. 62. Dondoch, Ewin, III. 68. Donydoir, Stephen of, Archdean of Moray, III. 257. Doria, Felice, musician, II. 535-538. Maria, his wife, II. 535-538. Douglas (Duglass), Alexander, doctor of medicine, III. 234. Alexander, commissary of Elgin, III. 148, 149, 386. Alexander, chaplain of Knockando, I. lxxxv ; III. 291 ; notary, 388. Archibald, Lord of Galloway, I, 50. ¦ Archibald apparent of Qubittinghame, III. 176. Brice, bishop of Moray, I. 21, 66. David, of Pittendreicb, III. 50. David, notary, III. 282. DaVid, III. 48. ¦ George, minister at Cullane, III. 415. Sir George, brother of the sixth Earl of Angus, I. 66. Margaret Douglas, his wife, I. 66. Hugh of, III. 27. James, of Pittendreich (Pedindrecht), I. 66, 69, 104; III. 32, 33, 41, 364. James, prebendary of Bothwell, III. 367, 372. James of, III. 27, 29. James, second Earl of, I. 50. James, eighth Earl of, I. 63. James, writer, III. 328. John, HI. 112. John, vicar of Galstoun, HI. 127, 275, 278, 385. Lieutenant, II. 91, 92. Mr. Archibald Stewart, afterwards Baron Douglas, II. 272. Mrs., Edinburgh, II. 489. ¦ Miss Kitty, her daughter, II. 489. Robert, I. xxxi ; III. 263, 264. Walter, III. 351. Walter of, Laird of Cramunde, III. 20. ¦ WiUiam, chaplain, III. 291. William, vicar of Aberlour and Elchies, III. 406. Douglas, William, burgess of Elgin, III. 50, 56, 82. William, first Earl of, I. 46. William, notary, III. 124. William, seventh Earl of, I. 63. William, of Lochleven, I. 142 ; II. 11 ; III. 140. Mr. William, at Coldingbam, treasurer of Moray, I. 200, 201 ; III. 327-329. of Pittendreich, family of, I. 66. Duke of, I. 66. family of, I. Hi, 80. Doune, James, Lord, I. 369 ; III. 485. Lady Katherine Talmash, his wife, I. 369 ; III. 485-487. Elizabeth Stewart, his d aughter. See Grant, Brigadier Alexander, of Grant. James, Lord, son of Francis, Earl of Moray, II. 129, 430. Dourie, Laird of, II. 114. Dove, captain of the Hound, II. 194. Dover, Lord, II. 278. Dow, William, HI. 68. Dowdeswell, Mr., M.P., II. 447. Drostan, St., I. lxxxi; III. 121-124. Drum, Laird of. See Irvine. Drumlanrig, William, Lord, afterwards third Earl of Queensberry, I. 285. Drummond, Andrew, II. 297. — — Lady Anne, wife of Sir John Houstoun. See Houstoun. Mary, her sister, II. 418. David, in Forres, III. 412. David, Lord, I. 192. James, sheriff-clerk of Perth, III. 191. James, Lord, I. 362. Lord John, I. 421 ; II. 189, 196, 206, 208, 209, 222, 227, 232, 236. Mrs. Jean, II. 418. Mr., II. 213. Mr. Robert, II. 474. Walter, dean of Dunblane, III. 44. William, of Pitcairnie, III. 412. of Drummondernoch, I. 188. Drummonds, the, I. 164. of Melfort, II. 541, 543, 545. Drummore, Lord. See Dalrymple. Drumoglas, Colonel of M 'Intosh Regiment, II. 195. Drynie, Laird of, II. 367. Duff, Alexander, of Braco, I. J 57, 325 ; III. 483. Anne, daughter of Alexander, third Earl Fife, II. 527. INDEX OF PERSONS. 511 Duff, Alexander, of Hatton, I 446 ; II. 155, 166, 172, 435, 436, 527. Lady Anne Duff, his wife, I. 446 ; II. 413, 435, 436, 480, 482-484, 487, 492, 498, 499, 502-505, 523, 526-529. Jane, their daughter. See Grant, Sir James, of Grant. Honourable Arthur, brother of Alexander Duff of Hatton, II. 433. Captain, II. 480. — — Colonel, of Mayne, II. 527, 528. General, I. 464. James, viear of Durris, III. 87. James, II. 527. Miss Anne, his daughter, niece of Alexander Duff of Hatton, II. 527. James, afterwards Earl Fife, I. 487. James, rector of Boleskine, III. 122. John, III. 77. Major Lewis, II. 480, 482, 483, 494, 495. ¦ Mrs., his wife, II. 495. Lewis, son of William, first Earl of Fife, II. 528. Mr., II. 255, 542, 543, 545. Mrs., II. 303. Robert, vice-admiral, II. 496. Helen Duff, his wife, II. 496. Robert, their son, II. 496. Jane, their daughter, II. 496. William, of Braco. See Braco, Lord. WiUiam, of Dipple, I. 371. WiUiam, vicar, HI. 32. • William, father of Drummuir, II. 291. Mr., of Drummuir, his son, I. 352-354. Duffs, II. 321, 421. Duffus (Duffous), Alexander, first Lord, I. 272, 282, 289 ; II. 23, 88 ; III. 352, 353, 471. James, second Lord, II. 25. Janet Grant, Lady. See Sutherland, Alexander. John, chaplain, III. 34. — — Mr. , prisoner in France, I. 345. William of, notary, III. 34, 37, 38, 262. DiUapp, Dr., II. 438. . . Hunter, bis wife, II. 438. Dumbrek (Drumbrek, Dwnbrek), William, of Urtan (Orton), III. 110, 111, 205, 207, 416. WiUiam, III. 48. Dun, David Erskine, Lord, II. 294, 295, 315, 316, 319, 325. Dunbar (Dumbar), Sir Alexander, of Cumnok, Sheriff of Elgin and Forres, III. 112, 135, 140, 149, 150. Alexander, of Conze, III. 112. Alexander, of Cumnok, III. 194. Alexander, of Inshebrok, III. 403. Janet Cuming, his wife, III. 403. Alexander, of Kilbuyok, III. 412. Alexander, dean of Moray, I. lviii ; III. 159, 270, 367, 368. Alexander, prior of Pluscardyn, III. 99, 100. Alexander, shipmaster, II. 285. Sir Alexander, of Westfield (1492), I. 6S, 74, 83 ; III. 26-28, 33, 49, 363, 364. Sir Alexander, of Westfield (1590), I. 168. Alexander, of Westfield (1602), I. 179; IH. 199-201. Alexander, of Westfield, his son, III. 459. Alexander, of Westgrange, III. 220. • Mr. Alexander, minister at Auldearn, 1. 303, 304. Archibald, archdeacon of Moray, III. 367. David, of Durris, III. 49. Francis, burgess of Elgin, III. 233. Gavin, parson of Roskein, III. 135. Gavin, archdeacon of St. Andrews, III. 51, 53, 56, 62, 264. Gavin, dean of Moray, I. 74. George, III. 45. George, of Aves, III. 288. George, of Auchleisk, III. 192. George, parson of Kilmuir, III. 135. Isobel, wife of David Cumming of Kinchirdie, HI. 464-467. James, in Belnacrie, III. 345. James, of Bothe, III. 221. Sir James, of Cumnock (Connocb), I. xxxi, 74, 75, 82 ; III. 33, 49. ¦ James, of Cunzie and Auldcashe, III. 49, 56, 67. Sir James, of Durn, I. 366, 392 ; II 139. James, of Penik, IH. 221. James, of Tarvett (Tarbait, Tarbarn 105, 112, 135, 192. John, of Burgie, III. 255. John, in Forres, III. 48, 49. John, of Moynes, HI. 221, 438. Jean, his wife, III. 438. Ludovic, of Grange, III. 255. Mr., II. 25. 137 HI. 512 INDEX OF PERSONS. Dunbar, Nicholas, of Boggis, III. 190, 192. Patrick, Earl of, and Earl of March, III. 3. Patrick, of Balnathery, III. 244. Patrick, of Blaire, III. 190, 402, 412. Patrick, of Boighall, tutor of Cumnok, III. 176. Patrick, of Conzie, IH. 415. Robert, seaman, II. 285. Robert, of Burgie, III. 220. Robert, of Durris, III. 82, 105, 112, 140, 371. Robert, minister at Touche, II. 49. Thomas, of Grange, I. 301. Thomas, dean of Moray, III. 218. Margaret, his daughter. See Grant of Rothiemurchus. William, in Cromdaill, III. 315. Sir WiUiam, of Durn, I. 392 ; H. 137, 138. Clementina, his wife, daughter of Sir James Grant of Grant, I. 392; II. 137, 138. WiUiam, son of James in Belnacrie, III. 345. of Bennagefield, I. 238. of Dunphail, I. 330 ; II. 96, 107, 108. younger, II. 94. . of Newton, I. 298. Dunblane, Adam BeUenden, bishop of, III. 228. James Wedderburn, bishop of, II. 66. Duncan, Patrick, III. 67. the merchant, Inverness, III. 22. Duncan n., King of Scotland, I. 105. Duncanson (Duncani), Donald, III. 62. Patrick, notary, III. 267. Paul, III. 72. Robert, III. 38. Dundas, Henry, afterwards Viscount Melville, I. 449, 470 ; II. 274, 415, 416, 475, 477, 484, 485, 487, 488, 497, 499, 503, 506, 507, 509, 511, 513, 514, 559, 561, 562. Mr. James, II. 469. James, chantor of Moray, III. 201. Robert, of Arniston, Lord Arniston, I. 331 ; II. 115, 293, 408, 422. Anna Gordon, his second wife, II. 115. Robert, of Arniston, Lord President, II. 272, 412. Dundee, John Graham, Viscount of, I. Ixxviii, 309-317, 388. John of, prebendary of Duffus, III. 8. Dundrennan (Dundrynane), James, abbot of, III. 62. Dunfermline, Alexander Seton, Earl of, Chancellor of Scotland, I. lxxvi, 191, 200; II. 12, 13 ; III. 176, 200, 423. Charles, second Earl of, III. 438. Commendator of, Robert Pitcairn, I. 153 ; III. 138. Dunkeld, John Peebles, bishop of, I. 51. Robert de Cairny, bishop of, I. 29 ; III. 16. Walter, bishop of, I. 27. Dunn, John Charles, of Higbam House, I. 482. Mary Anne, his daughter. See Grant, Sir Francis William, sixth Earl of Seafield. DunphaU, Laird of. See Dunbar. Dupplin, George, Viscount of, Chancellor, I. 224 ; III. 338. Durham, Anthony Beck, bishop of, I. 19. Francis, HI. 326. Duroure, Colonel, II. 389. Durward (Hostiarius), Sir Alan, 1. xlix ; III. 4-6. Sir Thomas, son of Sir Alan, III. 5. Dychtoun, John of, subdean of Moray, III. 9. Dyer, Mr., II. 475, 477. Dyll, Thomas called, in Inverness, III. 12. Dysart, Lionel, Earl of, I. 369; III. 485-487. Edgerton, Sir Thomas, II. 469. Edinburgh, David Lindsay, bishop of, II. 66. Edua, heiress of Old Castle, I. 46. Edward the First, King of England, I. lxxxiii, 10, 15-19, 21 ; II. 350, 541. Edward the Third, King, I. 41, 45, 48. Edzell, Laird of (Lindsay), II. 39 ; HI. 453. Eglinton, Alexander, sixth Earl of, II. 83. Archibald, Earl of, II. 546. Hugh, first Earl of, HI. 62. Hugh, third Earl of, I. 107. Earl of, III. 245. Egosone, Donald, III. 70. Ekane, John Dow McAne, III. 141, 142. EkcaUan, John Reowch McLachlan, III. 142. Ekcorilla, John M°Neill Ekane, HI. 141, 142. Ekmartein or M°Martein, Martin M°Conoche, III, 141, 142. Elchies, Patrick Grant, Lord. See Grants of Easter Elchies. Elcho, David.Lord, II. 96. Elder (Eldar), Adam, friar of Kinloss, III. 115. bailie, Edinburgh, II. 489. William, III. 364. INDEX OF PERSONS. 513 Elgin, preaching friars of, I. 106 ; III. 82, 83, 377, 397, 398. Elizabeth, Queen of England, I. 173. EUiot, Mr., Berlin, H. 461. Ellis, Mr., II. 260. EUiston, master, Cambridge University, II. 437- EUotsoun, John, burgess of Inverness, III. 12. Elphinstone, Charles, Lord, II. 453. Sir John, II. 299, 300. Robert, third Lord, I. 153. James, his brother, afterwards Lord Bal- merino, I. 153; III. 176, 199. • Lady Janet Leslie, wife of James, I. 153. Sir William, Justice-General, III. 453. English, Widow, I. 292. Enytiyr, Janet, III. 70. Enzie, Lord of, II. 43, 50. George, Earl of. See Huntly. Errol, Charles, Earl of, I. 334 ; II. 28. John, eleventh Earl of, I. 302 ; III. 357. Francis, Earl of, I. 163, 172-174. Erskine (Araskine), Charles, of Tinwald, Lord Advocate, II. 256, 370. Sir Charles, of Cambo, III. 24S, 249. Rev. Ebenezer, II. 136. Hon. Henry, Lord Advocate, I. 456, 471 ; II. 484, 4S5, 503. James, of Grange, II. 370. ¦ John, Lord, III. 366. John, Lord, third Earl of Mar. See Mar. John Roy, III. 348. Mr., solicitor, II. 316. Sir Robert of, I. 41 ; III. 12. Sir Thomas, I. 50. ¦ Thomas, Lord, II. 270, 271, 294. Lady Charlotte Hope, his wife, II. 270, 271. Erthe, Sir Hugh of, I. 17-19. Esterdale, Laird of, II. 328. William, his son, II. 328. Eton, provost of, H. 437. Eugenius the Fourth, Pope, HI. 20. Evans, Eyre, of Ash-hill Towers, Limerick, I. 483. Caroline Louisa. See Grant, James, Master of Grant. Ewin, Euoin, or More Euene Ewin, in Pontait, in. 62, 63, 372, 373. Ewinsone, Thomas, in Monyok, IH. 81. Fagel, Mr., son of the Greffier of the Dutch Republic, II. 534. Faid, Patrick, III. 61, 62. Fairburn (Ferburn). See Mackenzie. Fairfax, General, II. 84. Fairfield, Laird of. See Fraser. Falconer (Fauconare, Favconer), Alexander, of Halkertoun, II. 39. Andrew, I. 30. ¦ George, of Leching, III. 45. John, of Murtbolme, III. 28. John, of Murrcstoun, I. 66 ; III. 33. Robert, of Murrestoun, III. S2. Mr. WiUiam, I. 2S6. William, III. 241, 242. William, in Freuchie, III. 342. Falkener, Sir Everard, secretary to Duke of Cum berland, I. 389, 431 ; II. 235, 240, 249, 260. Falkland, Lucius Charles, sixth Viscount of, II. 469. bis son, II. 469. Farquhar (Ferqubar, Fercher), Sir Alexander, chaplain, III. 269. Colonel, II. 305. Duncan, III. 185. ¦ John, III. 68. Robert, notary, III. 242, 342. • William, burgess of Forres, III. 461, 462. Farquharson (Ferqubarson), Alexander, Vicar of Mwrcble, chaplain, I. 75, 94 ; III. 47, 48, 59-61, 265, 267, 269, 365. Miss Charlotte, II. 527. Donald, of Tnllegarmond, III. 181. Farquhar, in Camesnekist, III. 170. Findlay, I. 92 ; III. 68, 69, 71, 365. Findlay, of Auchareachan, III. 169, 170. Christian Grant, his wife, III. 167, 170. Miss Harriet, II. 527. James, notary, and curate of Cromdale, III. 88, 89, 96, 103-105, 108, 111, 271, 376, 377. ¦ John, of Binns, III. 484. Mr., of Finzean, I. 464, 466. Patrick, III. 72. Robert, of Finzeane, III. 317. Mr. WUliam, in Ruthven, III. 157, 170. William, servitor to John Grant of Freuchie, HI. 390. of Balmurill, II. 97. Farquharsons of Braemar, I. 91, 93, 94, 97, 324, 408 ; II. 222, 226, 233. Farsson, Thomas, III. 45. Feddrethe, William of, I. 22. 3 T 514 INDEX OF PERSONS. Feddrethe : Christian of Moray, his wife, I. 22. William of, younger, superior of Inverallan, I. 22 ; III. 257, 258. Feldew, John, vicar of Inuerkelore, III. 17. Fenton, Mr., in Leith, I. 368 ; II. 419. Sir William, I. 20, 21, 24. Cecilia Byset, his wife, I. 20. John, his son, I. 20, 21. Ferdinand the Fifth, King of Spain, II. 535. his Queen, n. 535. Ferdinand of Brunswick, II. 460, 461. Ferguson, (Fergusii,) Ego, I. 42. Sir James, tutor of Sutherland, II. 319. John, vicar of Cromdale, III. 32, 38. Mr., H. 509. Patrick, burgess of Inverness, III. 19, 20, 22, 27, 28. Feme, Donald, abbot of, III. 10, 99, 100. Ferquhard roy, HI. 268. Fetterneir, Laird of, I. 261. Ficher, Donald, widow of, III. 68. Fife, Alexander Duff, third Earl, II. 527. — Colban, Earl of, III. 1. Duncan, Earl of, I. 60 ; HI. 1. Duncan, Earl of, I. lxxv. Isobel, Countess of, his daughter, I. lxxv. James, second Earl, H. 155, 167, 277, 278, 281, 415, 480, 481, 483, 484, 490-493, 504- 506, 559. James, fourth Earl, 1. 464. James, fifth Earl, I. 487. Malcolm, Earl of, I. lxxv ; III. 1, 3. Robert (Stewart), Earl of, and Menteith, I. 31, 50. See also Albany. William Duff, Lord Braco, Viscount Mac duff and Earl, I. 391, 446. See also Braco. Earl, I. 371, 391. Earls of, I. lxxiv, lxxv. Findlater, James, first Earl of, I. 217, 242, 247 ; III. 234, 325, 424, 436, 439. James, third Earl of, I. 272 ; II. 123. James, fourth Earl of, II. 104, 105, 123, 419. Findlater and Seafield, James, fifth Earl of Find- later, and second Earl of Seafield, I. xx, 390, 397, 407, 418, 419, 421, 423, 431, 434, 437, 440, 442, 443 ; II. 123-126, 135- 137, 143, 151, 155, 158, 170, 172, 174, 180, 182, 185, 186, 189-192, 194, 204, 211- 213, 216, 220, 223, 225,241-251, 253, 255- 259, 262, 270-272, 336, 337, 346, 401, 408, 410, 428, 430, 477. Findlater : Lady Elizabeth Hay, his wife, I. 397, 431 ; II. 123, 135, 143, 166, 174, 182, 185, 190, 213, 216, 220, 223, 225, 241, 271, 336, 337, 401, 408, 410, 428. Lady Margaret Ogilvie, their daughter. See Grant, Sir Ludovick, of Grant. James, sixth Earl of Findlater, and third Earl of Seafield, I. 407, 410, 412, 422, 445 ; II. 123, 140-143, 151, 152, 158, 160, 167, 170, 171, 173, 174, 179, 180, 182, 185, 186, 204, 210, 242, 257, 258, 273, 428,444, 445, 450. James, seventh Earl of Findlater, and fourth Earl of Seafield, I. 458, 467, 469, 470; II. 273, 444, 445, 460, 492-494, 498, 499, 501, 503, 504, 506, 509, 555. Fingal, II. 278. Finlayson (Finlasoun, Fynlauson), Gilbert, III. 28 ¦ John, III. 224. Patrick, III. 265. Finrosse, Gilbert, III. 3. Firmian, Count, II. 553, 554. Flanders, Baldwin, Count of, I. 4. Flasby, Mrs., II. 438. Fleance, Thane of Lochaber, I. 1. Fleming (Flemyng), Adam, III. 14. Alexander, III. 27. John, fifth Lord, I. 137. Malcolm, Lord, III. 75. Dame Margaret, Countess of Athole, III. 288. Mr., II. 164. Thomas, III. 47. Fletcher, Andrew, of Saltoun, I. 301. Andrew, of Milton, Lord Justice-Clerk, I. 389, 432; II. 118, 119, 121, 125, 214, 217-219, 221, 235, 239, 242-244, 268, 295, 309, 317, 326-328, 339, 343, 367-369. Sir John, Lord Advocate, I. 282-284; II. 87. Fodderletter, Laird of, I. lxxvii. Foirman, Andrew, III. 435. Forbes, Alexander, of Auchintoull, HI. 198. Alexander, of Bruchtis, in. 283. Alexander, Commissioner to try gipsies, III. 216, 217. Alexander, of Pitsligo, IH. 283. Alexander, III. 2S. Arthur, of Balfour, I. 132 ; m. 119. Arthur, of Blaktowne, III. 240. Arthur, son of John, Lord, ffl. 198. Bessie. See Leslie, John, of the Law. Dr., II. 126. INDEX OF PERSONS. 515 Forbes, Duncan, of Culloden, President of the Court of Session, I. 321, 324, 351, 358, 359, 363, 376, 377, 379, 380, 385, 388, 400, 402, 405-408, 410-419, 426, 427, 429, 430 ; II. 111-113, 117, 126, 144, 145, 147, 149-151, 160-103, 170, 171, 176-181, 183, 184, 186, 187, 189, 190, 194, 198, 204, 211, 213, 216, 218, 221-224, 230, 233, 237, 293, 297, 318, 320, 321, 324, 326, 328-330, 354, 356, 359, 36S, 369, 390, 399, 410-412, 425-427, 430, 431 ; III. 249, 250, 487. Hugh, II. 305. James, Master of, n. 164. — — Mr. James, III. 283. James, chaplain, III. 80. John, of Culloden, I. 313, 314, 363, 376, 377, 380; II. 285, 287, 318, 320, 321, 353, 354, 41S, 419. John, of Culloden, son of Duncan Forbes of Culloden, II. 194, 390. • John, Cornousie's House, II. 254. . John, sixth Lord, I. 95, 101, 123. Elizabeth, his daughter. See Grant, James, third of Freuchie. John, Master of, afterwards eighth Lord, I. 163, 179 ; IH. 197, 19S. John, of Pitsligo, I. 1S3. John, of Poflarg, III. 159. John, of Tolles, III. 283. John, II. 61 ; III. 57. Mr., of Echt (Eicbt, Eight), H. 215, 230, 231, 234. Patrick, of Corse (Cors), HI. 283, 415. WiUiam, Lord, I. 228 ; IH. 283. WiUiam, Master of, I. 245, 246. William, of Strathglass, I. 80, 84. WiUiam, of Tolles, III. 35. family of, of Auchintie, I. lvii. Forbeses, The, I. 164, 175, 261, 380. of Strathdon, I. 324. Fordun, the historian, I. 42. Fordyce and Grant, bankers, London, II. 537. Forfar, Archibald, Earl of, II. 96. Forres (Forays, Fores), Andrew of, notary, III. 24. Henry, canon of Ross, in. 102. Nicholas of, I. 46. Forrester, William,burgessof the Canongate,m.435. Forret, James, in. 379. Forsyth (Forsy, Forsytht), Andrew, III. 47. John, Falkland pursuivant, I. 106 ; II. 3 ; III. 82, 83, 127, 394-396. Forsyth, William, friar of Kinloss, III. 115. Fortrose, Lord, II. 222, 250. Foster (Froster), John, burgess of Elgin, III. 32. William, III. 286. Fotheringbam (Fodrynham), Sir WiUiam of, Sheriff of Inverness, I. 31. Foullertoun, Richard, II. 62. Fourbin, Admiral, I. 342. Fox, Hon. Charles James, I. 472; H. 480, 482, 505, 508. France, Charles the Fifth, King of, I. 52. Charles the Sixth, King of, I. 51. ¦ Louis the Thirteenth, King of, II. 7, 57. Louis the Fourteenth, King of, I. 333, 340, 341, 343-345, 417, 421 ; II. 291. Louis the Sixteenth, King of, II. 539, 543, 545, 546. Franklin, Sir John, I. 477, 487. Fraser (Fresale Fressell), Alexander, III. 67. ¦ Mr. Alexander, minister at Daviot, I. 303, 304. (Alexander), of Fairfield, II. 318, 328, 329, 367, 36S, 385. Alexander, of Farlan (Farnell), III. 195, 196. Alexander, brother of Hugh of Lovat, I. xxv. • Alexander, tutor of Lovat, I. 238 ; III. 468, 469, 472. Dame Sibilla Mackenzie, bis wife, I. 238 ; III. 468, 472, 473. Anna, their daughter, HI. 473. Alexander, of Kinnaries, III. 4S4. Katherine, his wife, III. 484. Alexander, cousin of Simon Lord Lovat, II. 285, 2SS, 290. Allan, servant of Alexander, tutor of Lovat, III. 469. Andrew, second Lord, of Muchalls, I. 246. Archibald, of Lovat, son of Simon Lord Lovat, I, xxvii, xxviii ; H. 343, 344, 478- 480, 563. Mrs., his wife, II. 478, 479. Captain, of PhaneUan, II. 517. Mary and Willet, bis daughters, II. 517. David, of Brae, II. 286. Simon, his son, II. 286. Rev. Donald, II. 365, 366, 405, 406. Donald, archdean of Ross, III. 381. Duncan, I. li, 43, 44 ; III. 12. Christian, of Glencarnie, his wife, I. li, 43, 44 ; III. 12. Dr., II. 520. 516 INDEX OF PERSONS. Fraser, Dr. Duncan, of Aucbnagairn, II. 364, 390, 399. Mr. , of Aucbnagairn, II. 305, 326, 327, 362, 488. Euphemia, daughter of Hugh, first Lord Fraser of Lovat, III. 375. Duncan, of Tulifour, I. 44. Alexander, bis son, I. 44. Henry, III. 28. Hew (Hucheon, Hugh), sixth Lord Lovat. See Lovat. Master of Lovat, afterwards fourth Lord Fraser of Lovat. See Lovat. of Belladrum (Ballatrum), III. 195, 483. of Erchett, III. 196. apparent of Foyer, III. 191. of Guisachan, III. 195. ¦ of Foyars, III. 354. - — • Colonel, of Kinnaries, I. 265 ; II. 85, 86 ; III. 4S4. Agnes aud Christian, bis grandchildren, III. 484. . Hugh, Lord of Lovat, I. 12, 13. • Master of Lovat. See Lovat, Hugh, fourth Lord. Master of Lovat, his son, I. 95. - Mr. James, of Brea, minister, I. 303. - James, of Castleleatbers, called also "Major Cracks," II. 350-352, 357, 359, 360, 363, 364, 369, 3S3, 384, 387, 405. bis brother, Laird of Balnain, II. 318, 327, 328, 351, 360, 384. Laird of Culdutbel, also his brother, 1 1. 357, 360, 387. ¦ James, Culduthei's son, II. 283, 284, 351, 360, 384. - James, burgess of Inverness, III. 348. ¦ James, of Releick (1695), III. 4S3. of Relick (1739), II. 390. - Janet, daughter of Simon, Lord Lovat, II. 311, 312. - John, Dean of Restalrig (Lestalrig), Clerk Register, HI. 42. - John, servant of Alexander, tutor of Lovat, IH. 469. ¦ John, Laird of Ardendracht, I. 44. ¦ John, brother of Simon, Lord Lovat, n. 353. • Jobu, factor of Simon, Lord Lovat, II. 115, 328. John, servant of Simon, Lord Lovat, II. 372. ¦ Simon, Lord. See Lovat. Fraser, Simon, of Beaufort. See Lovat. General Simon, of Lovat. See Lovat. Simon, I. 27. Thomas, of Dumballoch, n. 314, 318, 321, 370, 373, 379, 383, 388. WiUiam, his son, II. 370, 379. Captain, brother of Thomas of Dunballocb, II. 310, 314, 316, 317, 370, 375, 379, 383. Thomas, Lord Lovat. See Lovat. Thomas, of Moniack, III. 195. Thomas, first of Strichen (Strecbin), tutor of Lovat, I. 148 ; III. 195, 234. Thomas, second of Strichen, his son, III. 234. Alexander, seventh of Strichen, Lord Strichen, II. 151, 328, 383. William, of Culbokie, III. 456. Dr. William, II. 364. William, Edinburgh, II. 372, 378, 380, 385, 390. William, bailie of Inverness, II. 324. William, son of Thomas, Lord of Lovat, III. 375. Agnes, bis daughter. See Grant, John, of Glenmoriston. William, of Struy (Strowye), tutor of Lovat, I. 135, 153 ; III. 128, 380, 3S1. Elspet, or Elizabeth Grant, contracted to be bis wife, I. 153 ; III. 380, 381. of Belladrum (1737), II. 349, 387. of Struy, I. 268 ; II. 404, 405. William of Foyers, I. 381 ; II. 322, 325, 328, 330, 340, 342, 343, 404, 405. of Phopachy, II. 360, 363, 383, 384, 387, 3S8, 404, 405. his brother, apothecary inLondon, II. 363,364. Fraser, Messrs Ainslie and, II. 566.. Frasers, of Foyers, or Mac-mic Ulliams, I. xxvi, 381 ; II. 404, 405. - — ¦ of the Aird, I. 466 ; II. 176. — ¦ — of Lovat, I. xxiv, xxvi, xxvii, 29, 30. Slioch-ion-mhic, Alisters, or Farraline's tribe, I. xxvi. of Stratherrick, II. 193. Fencibles, I. 479. in Urquhart, n. 265. The Clan, I. 110, 172, 348, 350, 358, 379, 380, 403, 408, 410, 411, 413, 435; II. 167, 170, 172, 174, 175, 181, 188, 189, 191, 202, 226, 230, 231, 233, 234, 236, 288, 313, 325, 331, 339, 348, 354, 400, 402, 411, 507. INDEX OF PERSONS. 517 Fraserdale. See Mackenzie, Alexander, of. Frederic the Great, King of Prussia, II. 461, 462. Frederic-Lewis, Prince of Great Britain and Wales, I. 397; II. 130, 131, 182, 348. Augusta, Princess of Wales, II. 131. Frei, Giacomo, engraver, II. 533. Frendraught (Feryndrawcht), Duncan of, I. xxxv ; III. 7, 8. Marjory of Glencarnie (Glenkerny), his wife, I. xxxv ; III. 7, 8. ¦ Laird of. See Cricbton. Fudes, Walter, notary, III. 101. Fuktour, Katherine, III. 70. • Alexander and Donald, her sons, III. 70. Marsle, her daughter, III. 70. Futhie, Robert, in Innerowrie, I. 226. Futtur, widow, III. 6S. Fyvie, Alexander, Lord. See Dunfermline, Earl of. Gaderar (Gatberar), Alexander, burgess of Elgin, I. 365 ; III. 50, 56, 365. ¦ Isobel Sclater, bis wife, III. 56. John, II. 233. Thomas, canon of Aberdeen, III. 85. Thomas (of Talaraky), vicar of Nairn, com missary-general of Moray, in. 100, 101, 367, 372, 377. William, burgess and provost of Elgin, HI. 56, 82, 134, 135, 148, 149. Galbraitb (Galbrath, Gawbrath), Peter, notary, HI. 90, 107, 115, 378. Robert, rector of Spot, I. lxiii ; in. 276. WiUiam, notary, III. 3. William, rector of Kincardine, III. 24. Gald, Alexander, I. 221, 222; III. 426, 427. Galloway, Alan of, son of Roland, constable of Scotland, III. 3. Alexander Gordon, bishop of, IH. 383, 384. ¦ Alexander Stewart, first Earl of, II. 65. Alexander Stewart, sixth Earl of, II. 272. Alexander Waus, bishop of, HI. 1 7. Archibald Douglas, Lord of, I. 50. David, bishop of, III. 62, 263. Ninian, bishop of, III. 259. Thomas Sydeserf, bishop of, II. 66. Garden (Gardin, Gardyne), Alexander, sou of Garden of Dalgetty, II. 543, 545, 549. Garden, Alexander, of Troup, III. 251. James, bailie of Elgin, III. 139. Mr. James, London, II. 547, 548. John, III. 60. of Troup, II. 539, 540, 543, 549. Mr., II. 490. Gardiner (Gardner), Colonel, II. 159, 162, 164. Michael, HI. 125. Garioch, Thomas Stewart, Earl of, III. 20. Garrow, John, III. 68. Garwe, John, III. 20. Gaufridson (Gaufridi), William, III. 27. Gedes, a postman, II. 198. Gelybrand, Sir Laurence, I. 42-44 ; III. 13. Margaret, his wife, I. 43, 44. See also Glencarnie. George the First, King, I. 34S-352, 355, 356, 358, 359, 366, 367 ; II. 10, 31, 33, 34, 95, 9S-100, 102-105, 283, 284, 289, 290, 348, 354, 355, 357, 375, 377, 421 ; III. 251, 253. George the Second, King, I. 329, 363, 398, 399, 406, 409, 415, 417, 422, 426-429, 431, 436, 440 ; II. 105, 106, 111, 121, 126, 131, 136, 145-150, 152, 154, 160, 170, 175, 178, 182, 1S4, 186, 187, 189, 193, 195, 199, 203, 213, 216-218, 224, 227, 228, 230, 231, 235, 237-240, 242-244, 246, 248-250, 253, 255, 256, 259-261, 266-269, 2S9-291, 297, 306, 314, 316, 322, 336, 345-348, 370, 379, 389, 402, 409, 411, 421, 422. ¦ Queen Wilbelmina-Caroline, bis wife, I. 391 ; II. 131, 292, 359. George the Third, King, I. 452, 454 ; II. 277, 278, 444, 454, 461, 475, 477, 504, 505, 559-563, 568. Queen Charlotte Sophia, his wife, II. 277, 505. ¦ Princess Elizabeth, their daughter, II. 505. George the Fourth, I. 460, 466 ; II. 503. Germanicus, II. 511. Germany, Francis I., Emperor of, II. 166. Joseph it., Emperor of, II. 464. Gerrow, Donald, III. 70. Gibb (Gib), William, III. 115. Gibbonson (Gibbounsoun), Angus, I. xxx ; III. 259, 260. Finlay, I. 77 ; III. 43. Gibsone, Alexander, Clerk of Session, I. 200, 201 ; III. 325, 326, 328, 333. 518 INDEX OF PERSONS. Gibsone, Alexander, younger, his son, I. 201 ; III. 328, 333. James, law agent in Edinburgh, I. 237, 243, 244 ; II. 44, 50, 60-63 ; III. 230, 327, 329, 331, 333, 354, 435. James, of Muldaries, III. 456. John, notary, chaplain in Elgin and parson of Vnthank, I. 132; III. 96, 108, 111, 119, 121, 135, 149, 280, 2S2, 381, 385, 386, 390, 393. Patrick, of Sheriffmill (Schirefmylne), III. 220, 221, 321, 426, 436, 437, 441. William, of Sheriffmill, III. 197, 405. Giffard, WiUiam, III. 1. GUderoy (Gilroy). See MacGregor. Gillecolm, the marshal, III. 1. GUlipeiry, II. 114. Gilzeane, Andrew, III. 244, 343. Thomas, III. 230. Gipsies, The, I. 192 ; III. 216, 217. Giustiniani, Princess, II. 535. Glacien, William, in Priestbill, III. 443. Glammis, John, Lord, III. 42. Glasgow, Andrew, bishop of, III. 28. Archbishop of, II. 388. Florence, elect of, chancellor of Scotland, III. 1. Gavin, archbishop of, III. 75. James, archbishop of, III. 51, 62. Major, I. 435 ; II. 261. Patrick Lindsay, archbishop of, II. 66. Robert, archbishop of, III. 42. Glasgow and Ayr, Synod of, I. 374. Glass (Glas, Glasse), Donald, III. 368, 369. James, of Stroyne, III. 181. Patrick, HI. 350. Mr. Patrick, I. 2S6. Glenbervy, David, rector of the church of, IH. 5. Glencairn, William, Earl of, Lord Chancellor, I. 280, 282 ; II. 20-22, 87 ; III. 245. William, fourth Earl of, I. 125. William, eighth Earl of, n. 13. Glencarnie (Glenkerny, Glencharny), Gilchrist of, and Kinnebethin, I. xlviii, xlix, li; in. 1, 2. Sir GUbert of, I. xlix, 1, Ivii ; III. 4-6. Sir Gilbert, third Lord of, I. xxiii, 1, 8, 39, 56 ; III. 6-8. Marjory Prat, his first wife, I. xxiii, 1, 8, 39; in. 6. Matilda, his second wife, I. 1 ; HI. 7. Gilbert, his son, I. 1 ; III. 7, 8. Glencarnie : Marjory, bis daughter, wife of Duncan of Feryndrawcht, I. xxxv ; III. 7, 8. Gilbert of, a minor (1362), I. 43, 44 ; IH. 12. Margaret (Gelybrand), his mother, I. 43, 44. Christian of, sister of Gilbert and wife of Duncan Fraser, I. li, 43 ; III. 12. Gilbert of, and Lord of Fochabers (1398), (Gibbon Mor), father of Matilda of, I. xxxv- xxxvii, li, Hi, 30, 31, 55, 58, 59, 64, 65; HI. 15, 26, 27-29. Malmoran of, I. 31. Matilda of. See Grant, Family of. Lords of, I. xlvii, xlviii, 58. Glendinning,Mr., commissioner for Kirkcudbright, II. 83. Glendinny, II. 259. Gleneagles (Glenegis), Lady, II. 417. Glenelg, Charles Grant, Lord, I. 95. Glengerrock (Glengarick), Laird of (Gordon), II. 191. Glengyle, Laird of, I. 323 ; II. 233. Glenkindy, Laird of. See Stracban. Glenorcby, Sir Duncan Campbell of, II. 50. John, Lord, afterwards second Earl of Breadalbane, II. 9S, 99. John, Lord, afterwards third Earl of Bread albane, I. 401. Godolpbin, Lord Treasurer, I. 346. Gceta, son of Septimus Severus, II. 511. Gordon, Adam of, I. 45. — Adam, dean of Caithness, brother of George, second Earl of Huntly, III. 41, 262, 364. ¦ Alexander (Seton), Lord of, I. 62. ¦ Alexander, younger of Abergeldie, I. 158. Margaret Mackintosh, bis wife, I. 158. Alexander, son of George, of Beldornie, I. 154 ; III. 382-384, 393. Margaret Grant, bis wife, I. 154. — Alexander, of Brekowcht, I. S5 ; HI. 46. Alexander, of Brodland, III. 82. ¦ Alexander, second Duke of, I. 413 ; II. 106, 107, 421. Henrietta Mordaunt, Duchess of, bis wife, II. 531. Alexander, fourth Duke of, I. lxxvii, 444 ; II. 440, 467, 493, 497, 506, 512. Jane Maxwell, Duchess of, bis wife, II. 494, 495, 498, 529. Alexander, Lord Gordon, afterwards third Earl of Huntly. See Huntly. INDEX OF PERSONS. 519 Gordon, Alexander, apparent of Lesmoir (Leis- cbemoir), III. 178. James, his son, III. 178. Alexander, apparent of Invermarkie, III. 235. Alexander, of Megmar, brother of George, second Earl of Huntly, I. 67 ; III. 364. Alexander, in Tombea, HI. 239. Alexander, Laird of Strathavon, I. 124. Grant, bis wife, I. 124. Alexander, of Strathoune, brother of George, first Marquis of Huntly, I. 183 ; III. 419- 421. ¦ Dame Agnes Sinclair, bis wife, III. 419, 421. Alexander, their son, III. 421. Alexander, III. 69. Anna, wife of Robert Dundas of Arniston, II. 115. Mr. Archibald, III. 3 S3. Bessie, relict of Thomas Baillie of Ardneidlie, III. 152. Captain, I. 411 ; II. 175. Lord Charles, I. 273 ; H. 175. Cosmo George, Duke of, I. 404, 413 ; II. 145- 147, 152, 153, 155, 157, 158, 184, 185, 191, 196, 197, 212. Lady Catharine Gordon, Duchess of, his wife, II. 147. Dr., IU. 348. Do[nald], of Mammoir, III. 239. Francis, Fiscal, II. 164. George, first Duke of, I. 239, 259, 289, 293, 297, 298, 306, 307, 309, 326, 334 ; II. 23, 25, 27-29, 90, 103, 286 ; III. 464, 470. George, Lord. See George, second Marquis of Huntly. George, Lord, eldest son of George, second Marquis of, I. 246, 249, 259, 260 ; II. 75, 76. George, of Beldornie, I. 154 ; III. 136, 382- 384. John, his son, m. 382, 383. George, of Rothiemurchus, son of George, fourth Earl of Huntly, IU. 369-371. George, of Buckie, I. 362 ; II. 421. George, constable of Badenoch, III. 87. Mr. George, II. 36. Henry, of Nether Auchannasie, III. 436. Hew, III. 187. James, of Abergeldie, I. 97 ; III. 70, 365. Gordon, James, of Cabroicb, III. 60, 61. James, of Letterfourie, I. 366. James, of Monaltrey, III. 178. Patrick, bis brother, III. 178. James, Chancellor of Moray, III. 109. James, I. 325. John of, I. 45. John, of Awcblucbre, HI. 39. John, of Buckie, I. 200 ; III. 165, 383. John, of Carnburrow, III. 421. John, brother of Sir Thomas Gordon of Cluny, I. 165, 169, 178. Margaret Gordon, his wife, I. 165. See also Grant, Patrick, of Ballindalloch. Sir John of, lord of that Uk, III. 14. Sir John, of Park, II. 539, 540, 543, 545, 549. Sir John, II. 323. John, of Glenbucket (1591), III. 180, 181. John, of Glenbucket, I. 362, 403, 404, 409, 413, 431, 432 ; II. 99-101, 153, 155, 157, 15S, 160, 169, 182, 184, 241, 246, 263. Sir John, of Pitlurg, III. 165, 180, 181. John Roy or Rede, III. 69, 71. John, chamberlain in Strathbogie, II. 206. John, of Rotbiemay, I. 231. John, apparent of TuUaqubodye, HI. 187. John, III. 69. Katherine, wife of James Innes of Dranze, III. 404. Lord Lewis, son of Alexander, second Duke of, I. 413, 418, 419, 421, 424, 425 ; U. 179, 182-185, 18S, 190-192, 196, 197, 199, 200, 203-207, 211, 212, 227, 229, 232, 233, 236. Lord Lewis, afterwards third Marquis of Huntly, I. 239, 258-260, 263 ; III. 240. Mary Grant, his wife, I. 239, 258. Margaret, wife of Thomas Cumming of Altyre, III. 403, 404. Mr., at Fochabers, II. 232. Mr., of Gartby, II. 117. Mr., minister, II. 362. . Margaret, wife of Mungo Grant of Kin chirdie, I. 238. Sir Patrick, of Aucbindown, I. 171 ; HI. 159, 168, 180, 181. Patrick, of Fuylzemond, III. 61. Patrick, of Methlik, III. 39. Patrick, servitor to Thomas Gordon of Cluny, III. 187. 520 INDEX OF PERSONS. Gordon, Principal, Scots College, Douay, II. 541, 542. Provost, II. 152. Mr. Robert, of Straloch, I. 259. Sir Robert, I. 348. Sir R,obert, of Gordonston, the historian, I. 130, 165-168, 171, 1S5, 226-228 ; II. 84, 85. Thomas, of Clesturam, III. 350. ¦ Sir Thomas, of Cluny, I. 165, 169, 176 ; III. 168, 180, 181, 186, 187. Thomas, in Drumbulge, III. 178. ¦ Thomas, in Inveravin, III. 233. Thomas, servant to George, Earl of Huntly, III. 178, 364. Thomas, notary, III. 150, 152. Sir WUliam, II. 40S. William, rector of Duthell, III. 111. William, notary, III. 94. William, of Geych, IH. 184. WilHam, Chancellor of Moray, III. 367, 372. W. from Petty, canon of Moray, III. 385. Sir WiUiam, of Park, II. 258. Janet Duff, Lady Gordon, his wife, II. 258, 528. John-James, and WiUiam, their sons, II. 258. Jane, their daughter, afterwards Mrs. Urqu hart, II. 258. Sir John, son of John-James, II. 258. an engineer, II. 194. of Avacby (Abacbie, Abicbie), I. 419 ; II. 157, 190, 191, 197, 206, 212, 251. of Barns, II. 97. of Berwickshire, I. 45. of Blelocb (Bleluck), II. 212. of Brachally, I. 113. of St. Christopher's, II. 194. of Huntly, I. lvii. family of, I. 41, 97, 159, 168, 170, 171, 184, 185, 191, 232, 247, 256, 312; II. 117, 157, 182, 319, 356, 440, 493; III. ISO, 181, 447, 449, 450. Gordon and Badenoch, Margaret, Lady of, I. 103 ; HI. 76, 77. Gormak, David, III. 291. Gorme, Sir Donald, of Slaitt. See Macdonald. Gortuleg, Laird of (Fraser), II. 411. Gow, Donald, in Abernethie, III. 315. Roy, Donald, III. 57. Gow, William, in Rothiemune, III. 315, 418. • WiUiam, III. 110. Gowdie, a songster, III. 326. Go wer, Lord, II. 278. Grafton, Augustus Henry, third Duke of, II. 535. Hon. Anne Liddell, bis Duchess, II. 535. Graham, (Grahme, Grame), Andrew, burgess of Inverness, III. 19. Sir David, of Lovat, I. 19-21. Muriel Byset, bis wife, I. 19. John, of Claverhouse, I. 300. See also Vis count Dundee. John, parson of Killerne, III. 176. Sir Patrick, of Lovat, I. 12, 17, 19-24 ; III. 258. Sir David, his brother, I. 17, IS. Sir David, his nephew, I. 17, 18. — — Patrick, claimant of the Archbishopric of St. Andrews, I. 66. Grange, James Erskine, Lord, II. 295, 315, 316, 318, 325. Grant (Graunte), op Freuchie and of Grant, Earls op Seafield and Barons Strath spey. Gregory le, I. 3, 11. Mary Byset, said to be his wife, I. 11. I. — Sir Laurence le, Sheriff of Inverness, I. xxiii, xxiv, Ixxi; Memoir, 1-14; 15, 18, 19, 21, 25, 27, 39, 40, 495. Sir Robert le, I. xxiii, 3, 6-9, 19, 39, 40 ; III. 5. II. — John le, first of InveraUan, I. xxix, 12; Memoir, 15-25; 26, 28, 31, 34, 36-39, 53 ; II. 541, 549 ; III. 257-259. Robert le, or Ralph, I. 15-1S, 20, 21 ; II. 541. III. — 1. Patrick le, Lord of Stratherrick and Inverallan, I. xxiii, xxix, xxx, 22, 24 ; Memoir, 26-35 ; 36, 38, 47, 54 ; III. 10, 11, 258, 259. Elizabeth, his daughter, wife of WilHam Pilche, I. xxix, xxx, 27, 29, 30, 34, 47; III. 10, 11. Malcolm le, probably his son, I. 30-32. Elizabeth le, Lady of Stratherrick, Patrick's grand-daugbter, I. xxiv, xxx, 12, 13, 29- 33 ; III. 15, 16, 259. James Mackintosh, her son, I. xxx, 12, 29, 30, 32, 33 ; III. 15, 16. John Seres, her grandson, I. xxx, 30 ; III. 259, 260. INDEX OF PERSONS. 521 Grant : HI.— 2. Sir John, Knigbt, I. 23, 24 ; Me moir, 36-47; 48; II. 549; HI. 8, 9. Elizabeth, bis wife, I. 36, 45. Thomas le, Castellan of Darnaway, son of Sir John, I. 38, 46-48. IV. — Robert, Ambassador to France, I. 42; Memoir, 48-52. V. — John Roy, reputed husband of Matilda of Glencarnie, I. xlviii ; Memoir, 53-61 ; 62, 65. Matilda, his wife, I. xxxv, xxxvi, xxxviii, xlvii, xlviii, li-liii, 43 ; Memoir, 53-61 ; 63 ; III. 18. VI. — Sir Duncan, first of Freuchie, son of Matilda of Glencarnie, I. xxxi, xxxv- xxx vii, xxxix, xlviii, li-liii, 35, 43, 53-55, 58-61 ; Memoir, 62-6S ; 69, 71, 72, 75, 78, 79, 97, 98, 104; ni. 18,22,26-29, 32-35, 38, 261, 262, 285, 364. Muriel Mackintosh, bis wife, I. 62, 68, 79. Their Children- John, younger of Freuchie, infra, Catharine, wife of Lachlan Mackintosh, called Badenoch, secondly, of Alexander Baillie of Dunain and Sheuglie, I. 68 ; III. 285. Muriel, wife of Patrick Leslie of Balquhain, I. 68. Vn. — John, younger of Freuchie, I. xxx, xxxi, xxxvi, 66-68 ; Memoir, 69-70 ; 122 ; III. 32, 34, 261-263, 364. His Children — John, infra. William, I. 70, 98 ; III. 72. Patrick, I. 70. VIII. — John, second of Freuchie, I. xxxi, xxxvi-xl, Hii-lv, Ixviii, lxix, lxxii, . lxxx, lxxxi, Ixxxiv, 43, 68 ; Memoir, 71-95 ; 96- 98, 101, 103-105, 124, 226, 275 ; HI. 34- 65, 67, 68, 72-76, 81, 82, 263, 264, 266, 267, 364-366, 368, 372, 373. Margaret Ogilvie, bis wife, I. 71, 95; III. 35, 36. Their Children- James, infra. Jobn. See Grants of Corriemony. Margaret, wif e of Thomas Cumming, I. xxxviii, 85, 95, 105 ; III. 47, 48. Anne, wife of Hugh, Lord Fraser of Lovat, I. 90, 95. Agues, wife of Donald Cameron, Chief of dan Cameron, I. 90, 91, 95 ; III. 64, 65. 3 Grant, Elizabeth, wife of John Mackenzie, of Kin tail, I. 95. Christian, I. 95 ; III. 109. John, bis natural son. See Grants of Glen moriston. IX. — James, third of Freuchie, I, xxxviii, xl, liv-lvi, lviii, lxi-lxvi, lxix, lxxxv, 88-90, 92, 95; Memoir, 96-124; 126, 128, 131, 142, 160, 161,176,178, 206, 275; II. 1, 2 ; HI. 59, 64, 65, 68, 71-85, S8-114, 117, 119, 120, 161, 264-269, 272-280, 297, 365-369, 371, 373, 376-379, 398, 440. Elizabeth Forbes, bis first wife, I. 95, 96, 123, 124. Christian Barclay, his second wife, I. lxxxv, 96, 122, 123, 127, 128; III. 113, 114. Children — John, infra. William, of Over Finlarg, I. lxv, 123, 207 ; HI. 90, 126, 127, 279, 366, 367, 377. Duncan. See Grants of Easter Elchies. Archibald. See Grants of Monymusk. Isobel, wife of Archibald Campbell, son of Sir John Campbell of Cawdor, I. 124. Margaret, wife of Thomas Cumming, grandson of Alexander Cumming of Altyre, I. 124 ; III. 377, 378. Janet, wife of Alexander Sutherland of Duffus, ,1. 121, 124; III. 106, 107. Agnes, wife of David Ross, son of Alexander Ross of the Holm, I. 124 ; III. 125, 126. , married to Alexander Gordon, laird of, Strathavon, I. 124. — • X. — John fourth of Freuchie, I. xxxi-xxxiii, xl, Ixiv, lxix, 111, 119, 121-123; Memoir, 125-154; 155-157, 159, 160; II. 3, 11, 36, 37 ; III. 83, 84, 97, 98, 103, 106, 110- 121, 124-140, 142-153, 157-159, 161, 190, 197, 272, 279, 280, 282-292, 377-394, 397- 400, 419, 440. Lady Margaret Stewart, bis first wife, I. 125, 127, 152 ; III. 83, 84, 397. Lady Janet or Jane Leslie, his second wife, I. 123, 125, 150-153 ; HI. 292, 400. Children — Duncan, apparent of Freuchie, infra. Patrick. See Grants of Rothiemurchus. Elizabeth, Elspet, or Isobel, wife, first of John Leslie of Balquhain, secondly of WUliam Cumming of Inverallochy, I. 153, 154 ; III. 131, 132, 380-382, 391-393, 397. U 522 INDEX OF PERSONS. Grant, Grissel, wife of Patrick Grant, younger of < Ballindalloch, I. 154 ; III. 397, 398. Margaret, wife of Alexander Gordon, I. 154. Katharine, I. 154 ; III. 397. Marjory, I. 154. Barbara, wife of Colin Mackenzie of Kintail, I. 143, 154 ; in. 133, 134, 149, 388-390. Helen, wife of Donald M'Angus M'Alester of Glengarrie, I. 154 ; III. 143, 144. XI. — Duncan, younger of Freuchie, I. 142, 149, 152, 153 ; Memoir, 155-158 ; 159, 160 ; III. 138-140, 155, 156, 285, 286, 393, 394, 399, 403, 419. Margaret Mackintosh, his wife, I. 155, 157, 158; III. 285. Children — John, infra. Mr. James, of Ardneidlie, Logie and Edin villie, I. 157, 158, 180,217; 11.37; III. 176, 192-195, 197, 199, 202, 205, 210, 213, 220, 297, 298, 401, 408, 415, 416, 422, 424. John, of Moyness, son of James, I. 216, 242, 257, 277, 283 ; II. 74, 76 ; III. 230, 235, 244, 328, 347, 352, 353, 459, 530. Patrick. See Grants of Easter Elcbies. Robert, of Clachaig and Lurg. See Grants of Lurg. Duncan, of Dandaleitb, I. 158. John, of Dandaleitb, bis eldest son, I. 158, 274 ; III. 236. James, bis second son, I. 158. Elizabeth, wife of Alexander Cummiug, younger of Altyre, I. 158 ; III. 403-405. XII. — John, fifth of Freuchie, I. xxxii, xxxiii, xliii, xliv, lxix, Ixxii, Ixxiii, lxxvi, lxxviii, xciii, 150, 152, 153, 158 ; Memoir, 159-196; 197-199, 203, 209, 210, 213, 215, 216, 226, 275, 276; II. 3-6, 11-13, 38-42, 63, 429 ; III. 156-223, 236, 292-299, 314- 320, 334, 335, 397-423, 427, 435, 437, 446. Lady Lilias Murray, bis wife, I. xliv, 159, 192197, 209, 210, 224, 225, 236, 240-242, 267 ; II. 46, 51, 53-58, 63, 64, 68, 69, 72, 429; III. 221, 223, 236, 337, 401, 402, 414, 438, 439. Their Children- Sir John, infra. Annas, wife of Sir Lachlan Mackintosh of that Ilk, I. 195 ; III. 221, 337, 410, 411 ; afterwards wife of William Mackintosh, 1. 196. Grant, Jean or Janet, wife of William Sutherland of Duffus, I. 196; III. 221, 337, 411, 412. Lilias, wife of Sir Walter Innes of Balvenie, I. 196 ; II. 53, 54 ; III. 221, 236, 337. Katharine, wife of Alexander Ogilvie of Kempcairne, I. 196 ; III. 221, 337. Duncan, a natural son. See Grant, Duncan, of Clurie. XIII. — Sir John Grant, sixth of Freuchie, I. xiii, lxvi, Ixxxiv, xcix, 181, 191-193, 195; Memoir, 197-239 ; 240, 241, 249, 250, 252, 258, 259, 267, 271, 275, 289, 297, 368 ; II. 7, 13-15, 42-53, 55-63, 81; III. 216, 217, 220-230, 234, 318, 322-335, 337-341, 354, 413-415, 419, 423-450, 475, 476, 482. Dame Marie Ogilvie, his wife, I. Ixxxiv, 197, 198, 210, 215, 237, 238, 242, 250, 253, 258, 261, 263, 267-269, 283; II. 43, 45, 46, 48, 51, 53, 57-63, 81, 82, 87; III. 230-232, 234, 235, 413-415, 437-440, 444- 446. Their children — James, infra, Patrick, Lieutenant-Colonel, tutor of Grant, I. 238, 266, 269, 270, 289, 291-296; II. 89 ; III. 231, 244-246, 343, 344, 347, 350, 352, 353, 463, 467, 468, 471-473. Sibilla Mackenzie, bis wife, I. 238 ; IIL 472, 473. Mary, bis daughter, wife of Patrick Grant of Rothiemurchus, I. 238. Alexander, I. 238, 270, 271-276, 285; III. 342, 343, 353. Isabel Nairn, bis wife, I. 238. George, Major, I. 238, 270, 283, 284; II. 87, 88 ; III. 343, 352, 353, 467. Robert, I. 238, 270; II. 231, 343, 454, 456. Dunbar, bis wife, I. 238. Mungo. See Grants of Kinchirdie. Thomas, of Balmacaan, I. 238, 239, 270, 299 ; III. 343, 348, 352. Mary Campbell, bis wife, I. 239. Mary, wife of Lord Lewis Gordon, and after wards of James, second Earl of AirHe, I. 239, 258, 275 ; III. 234, 235, 464. Anna, wife of Kenneth Mackenzie of Gare- locb, I. 239, 252, 275 ; II. 72 ; III. 343, 454-456. LUias, wife of Sir John Byres of Coates, I. 239,275; II. 88;. HI. 343,352,463,464. INDEX OP PERSONS. 523 Grant : XIV. — James, seventh of Freuchie, I. xvii, xx, xxxiii, Ixxxiv, 2, 197, 212, 216, 237, 238 ; Memoir, 240-290 ; 291, 293, 328, 36S ; II. 7-9, 15-22, 64-70, 72-88 ; III. 221, 230- 244, 341-355, 454-463, 465-467, 475, 482. Lady Mary Stewart, bis wife, I. 2, 212, 240, 249-252, 258, 261, 262, 276, 285-289, 291 ; II. 87, 88 ; III. 456-458, 461, 462. Children — Ludovick, infra. Patrick. See Grants of Wester Elchies. Anna, wife of Sir Patrick Ogilvie of Boyne, I. 290, 293 ; UI. 350, 352, 353. Marie, wife of Sir Alexander Hamilton of Haggs, I. 290 ; III. 350, 352, 353. Margaret, wife of Roderick Mackenzie of Redcastle, I. 290, 291 ; III. 350, 352, 353. XV. — Ludovick, of Grant, I. xx, xxii, xxvii, xxxix, Ixxxv-lxxxvii, 238, 239, 279, 290 ; Memoir, 291-330; 331-333, 354, 368, 369, 371, 450 ; II. 22-28, 89-94, 97, 217, 293, 321 ; III. 246, 248-250, 253, 347, 351- 355, 357-360, 469-488, 492, 494. Janet Brodie, his first wife, I. 291, 296, 302- 304, 328, 329, 331, 371 ; II. 90 ; III. 357, 358, 469-472, 477. Jean Houstoun, bis second wife, I. 291, 327- 329. CbUdren — John, I. 329, 371. Alexander, infra. James, infra. George, of Culbin, Major, I. xiii, 329, 353, 357- 359, 363, 374; II. 94-96, 119-121, 124, 125, 130, 144, 145, 147-149, 181, 187, 1S8, 225, 295, 296, 298, 299, 305, 314, 315, 319, 322, 333, 366, 376, 400, 419, 427-430 ; III. 492. Lewis, Colonel, I. 329, 330, 340, 374 ; II. 116, 118-121, 123, 125, 127, 129, 131, 139, 140, 219, 247, 299, 395, 398, 400, 419, 428-430. Anne, his daughter, I. 330. Mr. Patrick Grant, minister of Easter Logie, her husband, I. 330. Elizabeth, wife of Hugh Rose of Kilravock, I. 330 ; III. 492. Anne. See Grants of BaUindalloch. Janet, wife of Sir Roderick Mackenzie of Scatwell. See Mackenzie. Margaret, wife of Simon Lord Lovat. See Lovat. Grant: XVI. — 1. Alexander, of Grant, Brigadier- General, I. lxxxii, lxxxviii, xc, xcvi, 326- 329 ; Memoir, 331-370 ; 371, 373, 450 ; II. 10, 28-34, 92-96, 98-106, 191, 217, 265, 282-292, 321, 353,357; 111.250,251,485- 487, 489, 492-495. Elizabeth Stewart, his first wife, I. 331, 369, 370 ; II. 105, 106, 292 ; III. 250, 251, 485-487. Anne Smith, his second wife, I. 331, 337, 347, 367, 370 ; III. 492-494. XVI. — 2. Sir James, of Grant, formerly James Grant of Pluscarden, and Sir James Col quhoun of Luss, I. xx, xxi, xcv, xcix, u, 298, 329, 368-370; Memoir, 371-392; 393- 401, 429, 431, 432, 436, 437, 440, 447, 451; II. 106-114, 116-129, 135139, 142, 145-147, 159, 195, 210-214, 216-219, 229, 239-244, 246, 247, 250-258, 260-263, 265, 268, 292-300, 305-308, 312-338, 340-348, 350-353, 358-360, 364, 368-370, 374-384, 386-389, 391-393, 396-405, 407-410, 417, 431 ; III. 253-255, 487-491. Anne Colquhoun, daughter of Sir Humphrey Colquhoun of Luss, his wife, I. 371, 373, 390, 392, 393, 397 ; II. 417-419 ; III. 253, 254, 487-491, 495. Their Children- Humphrey, I. xcvi, 373, 376, 390, 396, 397 ; III. 254. Sir Ludovick of Grant, infra. Alexander, I. 391 ; III. 254. James, who became James Colquhoun of Luss. See Colquhoun. Francis, Lieutenant-General, I. 391 ; II. 128, 364, 369, 375, 377-380, 382, 389, 391,472- 474, 496, 540 ; III. 254. Catherine Sophia Cox, his wife, I. 391 ; II. 473. Ann Charlotte, their daughter. See Murray, Lord George. Charles Catbcart, of Cardeny, I. 391 ; II. 128, 322, 366, 378, 420; III. 254. Janet, I. 391, 392; III. 254. . Jean, wife of William Duff, afterwards Lord Braco and Earl Fife, I. 391 ; III. 254. Margaret, I. 392 ; III. 254. Anne Drummonda, wife of Sir Harrie Innes of Innes, I. 392 ; III. 254. Elizabeth, I. 392 ; III. 254. Sophia, I. 392; II. 137, 141 ; III. 254. 524 INDEX OF PERSONS. Grant, Penuel, wife of Captain Alexander Grant of Ballindalloch, I. 392, 403, 441 ; II. 152, 153, 241, 297, 311, 312, 319, 366 ; III. 254. Clementina, wife of Sir William Dunbar of Durn, I. 392; II. 137, 138; III. 254. XVII. — Sir Ludovick Grant of Grant, Baronet (Ludovick Colquhoun of Luss), I. xx, xxi, xii, lxxiv, lxxxiii, xc, xci, xciv-xcvi, xcviii, o, 329, 330, 373, 375-378, 381, 382, 384-391 ; Memoir, 393-441 ; 442, 443, 447, 449-451, 467, 469 ; II. 35, 108, 110, 112, 121-163, 165-216, 218, 226, 229-248, 272, 274, 293-297, 299, 300, 303-305, 308, 310- 312, 317-322, 324, 326, 329, 335-350, 360- 374, 377, 378, 384-387, 389-399, 402, 405- 408, 421-425, 427-431, 438, 442, 447, 450, 477, 534 ; III. 254, 495, 496. Marion Dalrymple (of North Berwick), bis first wife, I. 375, 393, 394, 397, 439, 441 ; II. 110, 115, 116, 118, 300, 303, 310-312, 319- 324, 326, 329, 346, 427, 428 ; HI. 495, 496. Anna, their daughter, I. 398, 439; II. 132, 425. Lady Margaret Ogilvie (of Findlater), his second wife, I. xx, 382, 393, 397, 439-442, 467 ; II. 122-125, 127-132, 137, 139-145, 147, 148, 150, 153-155, 158, 161, 163, 166, 167, 171-174, 177, 179, 180, 182, 184, 186, 188, 190, 197, 204, 210, 216, 220, 222- 225, 241, 247-250, 254, 258, 262, 263, 336-340, 344, 346, 348, 367, 369, 371, 373, 374, 377, 378, 389, 391, 392, 395, 397, 398, 402, 407, 428-431. Their children — •James, infra. Mariana, I. 440 ; II. 27 1, 446, 464, 558. Anne Hope, wife of the Rev. Ptobert Darly Waddilove. See Waddilove. Penuel, wife of Henry Mackenzie, Esq. Ste Mackenzie. Mary, I. 441 ; II. 272. Helen, wife of Sir Alexander Penrose Cum ming-Gordon of Altyre. See Cumming- Gordon. Margaret, I. 441. Elizabeth, I. 441, 453. XVIII. — Sir James Grant of Grant, Baronet, I. xx, lxix, lxxvii, lxxx, lxxxii, xci, xciv, xcviu, c, ci, 437, 440 ; Memoir, 442-463 ; 466-473, 475, 484, 491 ; II. 270-281, 413- 416, 431-464, 473-530, 532-568. Grant : Jane Duff, Lady Grant, his wife, I. xxvii, xxviii, 442, 443, 446, 451, 453, 457, 458, 460, 461, 467, 472-475 ; II. 274, 279-281, 413, 415, 416, 433-436, 438, 445, 446, 448, 450-452, 454-456, 464, 465, 467, 468, 470, 473, 474, 477-479, 481, 483-486, 488-490, 494-499, 501-505, 507-509, 512, 516, 517, 519-529, 536, 537, 542, 545, 546, 549, 551, 552, 554-556, 558-560. Children — Lewis-Alexander, infra. Alexander, I, 460, 473 ; II. 496. James Thomas, I. 460, 473 ; II. 275, 487, 489,496, 498, 500, 510, 511, 516-523, 526. Francis-William, infra. Robert Henry, I. 460 ; II. 512. Alexander-Hope, I. 460 ; II. 512. Dundas-Charles, I. 460. Lady Anne Margaret, I. 460,464-466 ; II. 275, 413, 415, 416, 446, 471, 478, 485, 489, 496, 498-501, 516, 517, 523, 528-530. Lady Margaret. See Major-General Francis Stuart of Lesmurdie. Jane, I. 461 ; II. 275, 496, 498, 528. Lady Penuel, I. 461, 464; II. 500, 528. Christina Teresa, I. 461. Magdalen, I. 461. Mary Sophia, I. 461. XIX. — 1. Sir Lewis Alexander, fifth Earl of Seafield, I. 437, 453, 458, 460, 464 ; Me moir, 467-472 ; 473, 476 ; II. 275, 278, 279, 414-416, 448, 449, 471-473, 476, 481-484, 4S7, 488, 492-504, 506-508, 530, 556, 55S. — XIX.— 2. Sir Francis WiUiam, sixth Earl of Seafield, I. 460, 464, 472 ; Memoir, 473- 483 ; 484, 485, 487, 489, 492, 495, 498 ; II. 498, 512, 519, 522-524, 529. Mary Anne Dunn, bis first wife, I. 473, 482, 485, 487, Louisa-Emma Maunsell, Countess of Sea field, his second wife, I. 473, 482. His children — James, I. 482. Francis WiUiam, Master of Grant, infra. John Charles, infra. Honourable James Ogilvie, I. 483. Caroline Louisa Evans, his first wife, I. 483. Constance Helena Abercrombie, bis second wife, I. 483. Georgiana Adelaide Forester Walker, bis third wife, I. 483. INDEX OF PERSONS. 525 Grant, Honourable Lewis Alexander, I. 483. Georgina Maunsell, his wife, I. 483. Honourable George Henry Essex, I. 4S3. Eleanora Gordon Cumming, bis wife, I. 483. Honourable Edward Alexander, I. 483. Lady Jane. See Sir Edward Walter Forester Walker. XX.— 1. Francis- William, M.P., Master of Grant, I. 483 ; Memoir, 484-486 ; 487. XX. — 2. Sir John Charles Grant Ogilvie, seventh Earl of Seafield and Baron Strath spey, I. xvii-xx, xxxiv, xcii, 483, 485 ; Memoir, 487-494 ; 495, 497, 498. The Honourable Caroline Stuart, Countess of Seafield, his wife, I. 487, 491, 493. XXI. — Sir Ian Charles Grant Ogilvie, eighth Earl of Seafield and second Baron Strath spey, I. xxxiv, 491, 493 ; Memoir, 495-498. FamUy of Grant of that Ilk, I. xvii, xxi- xxvi, xxviii, xxix, xxxi, xxxiii, xxxv, xxxvii-xxxix, xliv, xlv, xlviii, lvii, lxi, lxv, lxix, Ixxii, lxxiv, lxxxii, lxxxv, ci, 1, 12, 31, 33, 40, 42, 53, 54, 63, 72, 86, 87, 109, 183, 353, 373, 380, 383, 385, 387, 390, 399, 408, 451, 497 ; II. 108, 114, 116, 118, 182, 313, 338, 342, 347, 365, 424, 544, 549 ; IH. 152, 254-256, 424. ¦ Pedigree, I. 499-502. Grants op Arndilly, Cadets of Monymusk — Grant, Walter, of Arndilly, HL 483. Thomas, of Acboynanie or Arndilly, I. 418 ; U. 157, 158, 188, 190-192, 204, 206, 208, 209, 211, 213, 242, 247, 257, 261. Robert, of Kyliemore, his brother, II. 212. 1 Pedigree, I. 514. Grants op Ballindalloch, first family of — Grant, Patrick, in BallindaUoch, I. Ivi, 79, 91, 92, 98, 130 ; III. 65, 67, 68, 70, 72, 76, 116, 268. Patrick, bis son. See Grants of Dalve}'. Alaster Grant of Cardells, his son, I. 131, 132, 206, 207; III. 119-121, 137, 282, 376, 377, 398. Master WilHam, his son, notary, II. 3 ; III. 127, 131, 282, 384, 393. John, first designed of Ballindalloch, I. lxiv, lxv, 101, 103, 105, 108-110, 118, 120, 130, 131, 206,207, 226-228 ; III. 71, 78-80,85, 86, 103, 104, 116, 119, 121, 277, 278, 280, 281, 283, 369, 370, 373-376, 379, 380, 397-399, 440, 441. Grant: Isobel Grant, bis first wife, III. 374, 375. Barbara Gordon, bis second wife, III, 397, 440. George, bis son, I. 207 ; III. 373-376. John, in Foyness, tutor of Ballindalloch, also bis son, I. 165, 166, 169, 207,208; HI. 176, 179, 226, 394, 397. Patrick, bis (John's) son, I. 208. Patrick, third of Ballindalloch, I. xxxii, 154, 165, 207; HI. 135-137, 157, 159, 211, 286, 3S3, 390, 394, 397-399, 440. Grissel, daughter of John Grant, fourth ot Freuchie, his first wife, 1. 154 ; III. 397, 39S. Margaret Gordon, his second wife, I. 165. See also John Gordon. James, of Morincb and Inverernan, his son, III. 440, 441. Jean, his daughter, wife of William Hay of Mayne, I. xxxii. Patrick, fourth of Ballindalloch, I. 171, 172, 176, 179, 180, 188, 203, 207-209, 213, 217, 226-232 ; II. 37, 38, 61, 70 ; III. 182, 184-186, 194, 199, 202, 205, 207, 210-214, 220, 221, 225, 226, 296, 332, 335, 394, 405, 406, 408, 415, 424, 426, 42'J, 434, 440-442, 454. • Patrick, of Foyness, bis son, I. 229. John, fifth of Ballindalloch, I. 199, 208, 228, 229, 232-235, 242, 260, 272, 277, 288 ; II. 70, 84, 85, 88 ; III. 229, 235, 237, 322, 341, 348, 352, 353, 440, 441, 443, 444, 448-451, 460. John, sixth of Ballindalloch, I. 306 ; II. 23, 91 ; III. 348. Alexander, bis brother, II. 263. John Roy, seventh of Ballindalloch, III. 484, 492. -Family of BaUindaUocb, I. 234; II. 530; III. 211, 283,441. Pedigree, I. 520, 521. Grants of Ballindalloch, present family of, Cadets of Rothiemurchus — Grant, Colonel WiUiam, of BallindaUoch, I. xxi, 327, 330, 338, 352-354, 357, 358, 360, 363, 367, 374; II. 93, 100, 101, 269, 291, 292, 304, 305, 317, 318, 341, 418, 419, 531, 532 ; III. 494, 495. Anne, daughter of Ludovick Grant of Grant, • bis wife, I. 327, 330, 338, 352, 353, 367, 374 ; II. 92, 93, 291, 531, 532 ; III. 494, 495. 526. INDEX OF PERSONS. Grant, Captain Alexander, of Ballindalloch, I. 392, 403 ; II. 120, 140, 152, 187, 241, 263, 333, 378. .Penuel, daughter of Sir James Grant of Grant, his wife, I. 392, 403 ; II. 152, 153. General James, of Ballindalloch, II. 473, 475, 485, 496-500. Major William, of Ballindalloch, I. 392. Sir George Macpherson, Baronet, of Ballin daUoch, I. 330. Pedigree, I. 511. Grants of Carron, Cadets of Glenmoriston — Grant, John Roy, first of Carron, I. 130, 132, 226- 228; II. 3; III. 112, 114, 119, 127, 185, 186, 211, 283, 367, 377, 381, 386. John, second of Carron, III. 165, 166, 211, 212, 420. Thomas, tutor of Carron, his son, I. 226, 231, 235 ; III. 451. James, or James an Tuim, also bis son, I. 226-236; II. 14, 15, 58-63, 69, 70; III. 228, 229, 231, 341, 441-444, 448-451. George, son of James an Tuim, I. 230, 236 ; III. 229, 341, 448-451. B,obert, also son of John Grant of Carron, III. 229, 341, 448-451. Patrick, third of Carron, I. 179, 181, 203; III. 205-213, 332, 429, 444. . John, fourth of Carron, I. 228, 229 ; III. 225, 226, 443, 444. Margaret Sinclair, bis wife, I. 229 ; III. 225, 226. John, fifth of Carron, II. 78 ; III. 239, 449. ¦ Captain James, of Carron, II. 460, 467. Mrs., of Carron, his wife, II. 467. Family of, I. 226, 227, 276 ; III. 211, 283, 441, 449. Pedigree, I. 524, 525. Grants of Corriemony — Grant, John, first of Corriemony, second son of John Grant second of Freuchie, I. lxxx, lxxxi, 87, 95, 98 ; III. 54, 55, 72. John, second of Corriemony, I. 157 ; III. 393, 394. Alexander, of SheugHe, his son. See Grants of Sbeuglie. — — John Oig, third of Corriemony, III. 348. Robert, his son, III. 348. — — James, of Pitcberrill, also his son, III. 315. John, fifth of Corriemony, I. 300 ; II. 95 ; III. 473-475. Grant, William, his son, II. 95. Alexander, of Corriemony, I. 410,^411 ; II- 132-135, 145, 156, 157, 173, 174, 181, 182, 201, 263, 265, 415, 457, 481, 482. James, of Corriemony, advocate, I. lxxxii, 468-470 ; II. 415, 456-460, 497, 502, 503. Pedigree, I. 515. Grants of Dalvey, afterwards of Dr/NLUGcrs. Cadets of Ballindalloch — Grant, Patrick, first of Dalvey, son of Patrick, in Ballindalloch, I. lxiv, lxv, 108, 109; H. 3, 36; III. 79, 127, 132, 135-137, 143, 149, 150, 152, 277, 278, 280, 281, 369, 383-385, 388-390, 393, 398. Patrick, second of Dalvey, III. 157, 185, 186, 396. Janet, widow of James Grant, third of Dalvey, III. 226. — - — Patrick, of Strabaucbe, his brother, III. 226. Thomas, fourth of Dalvey, I. 228-230 ; III. 226, 227, 441,443,444. Patrick, bia brother, III. 226, 443. — — Archibald, of Dalvey, their brother, I. 229 ; III. 235, 239, 443. Pedigree, I. 520, 521. Grants op Easter Elchies. Cadets of Freuchie — Grant, Duncan, of Easter Elchies, son of James, third of Freuchie, I. lxv, 123 ; III. 137, 279, 371, 372, 385, 386. James, of Easter Elchies, his son, I. 123 ; III. 157, 185, 186. Patrick, of Easter Elchies, son of Duncan, younger of Freuchie, I. 158, 162 ; III. 220, 221, 403, 421, 424, 426, 434, 454. t James, fiar of Easter Elchies, III. 426, 454. Robert, of Easter Elchies, HI. 239, 348, 454. Patrick, of Hillball and Edinvillie, his brother, III. 473. Patrick, of Easter Elchies, II. 91. — Captain John, of Easter Elchies, his brother, I. 318 ; III. 485. Patrick, of Easter Elchies, advocate, Lord Elchies, I. 375, 393, 394, 396 ; II. 109, 119, 214, 215, 240, 247, 261, 292-297,315, 320, 326-328, 339, 341, 343, 347,351,353, 380, 406, 422,424. John, of Easter Elchies, afterwards Baron Elchies, L xxi, lxxiv, 437 ; II. 269. Pedigree, I. 506. INDEX OF PERSONS. 527 Grants of Wester Elchies (first family of). Cadets of Carron — • Grant, James, of Wester Elchies and Kinchirdie, 1. 123 ; III. 137, 157, 367, 368, 385-388, 396. Lachlan, of Wester Elchies, III. 157, 185, 186, 202, 205, 207, 213, 221, 396, 406. Elizabeth Innes, his wife, III. 406. James, in Tomdow, bis son, III. 235. Mr. Lachlan, minister at Moy and Kingussie, also his son, III. 235, 241, 344, 456. Duncan, also bis son, HI, 235, 240. Pedigree, I. 525. Grants of Wester Elchies (second family of), Cadets of Freuchie — Grant, Patrick, son of James Grant, seventh of Freuchie, I. 277, 289-293 ; III. 351, 352, 471. Lewis, n. 191. Pedigree, I. 503. Grants or Gartinbeg, Kinveachy, Dalrachnie, Inverlaidnan, and Dalvey — Grant, -John M'Conquhy or Makconachie, in Gartinbeg, I. 99 ; III. 271, 272. Duncan M'Condachie, in Gartinbeg (Gartht or Garthin), his son, I. 99 ; III. 108, 110, 121, 136, 143, 271, 272, 384-389. John M'Condachie, called also M'Donnacbie, alias Beg, in Gartinbeg, I. 174; III. 195, 204, 315, 321, 418, 475. — — Donald, of Kinveacby, bis brother, III. 247, 248. Sueton or Swene, of Gartinbeg, HI, 239, 246-248, 344, 352, 356, 459, 475. Duncan, bis son, III. 247. James, Younger of Gartinbeg, afterwards Sir James of Dalvey, I. 296, 300, 301 ; III. 248, 360, 361, 475, 476. James, caUed M 'Swene and M'Quene, in Inverlaidnan, III. 315. ¦ John, in or of Dalrachnie, otherwise John Oig M'Quene or John M'Swine, III. 239, 315, 342, 344, 348. . Alexander, of Dalrachnie, III. 247, 248. ¦ John, of Lethindie, his brother, III. 248. John, of Dalrachnie, II. 109, 114-116, 118, 120, 313, 314, 331, 341, 397, 427. Alexander, of Delrachnie, I. 435 ; II. 168, 169, 220, 221, 247, 252-254, 256, 257, 334, 377, 378. Helen Grant, bis wife, II. 254, 378. John, yoiwger of Dalrachnie, II. 257. Grant, Sir Alexander, of Dalvey, third Baronet, II. 444, 445, 447, 448. Lady Grant, his wife, II. 44S. Pedigree, I. 526, 527. Grants op Glenmoriston — Grant, John Mor, of Glenmoriston or of Culcabock, I. lxiv, lxv, lxxx-lxxxii, 87, 92, 95, 98, 101, 111 ; III. 56, 57, 65, 68, 70, 72, 80, 82, 89, 90, 96, 103, 279, 280, 367, 368, 374- 376. Elizabeth or Isobel Innes, his first wife, III. 367, 368, 374-376. Isobel, tbeir daughter. See John Grant, of BaUindaUocb. Agnes Fraser, bis second wife, III. 375, 376. John, his natural son. See John R.oy Grant, of Carron. James, bis natural son. See James, of Wester Elcbies. Alexander, also bis natural son, HI. 367. Patrick, second of Glenmoriston or Culcabock, III. 137, 373-376, 393, 394. Archibald, bis son, III. 315, 418. John, third of Glenmoriston, I. 172, 176, 213, 219, 229, 233; II. 40, 44, 52, 55; III. 182, 185, 186, 195, 202, 204, 210, 220, 221, 224, 225, 315, 317, 333, 335, 339, 406, 408, 415-418, 427, 428, 434, 448, 449. John, bis son, tutor of Glenmoriston, also designed of Conachan, I. 268, 270 ; HI. 354. Patrick, fourth of Glenmoriston, II. 69 ; IH. 224, 231, 232. John, fifth of Glenmoriston, I. 300 ; III. 354, 485. John, sixth of Glenmoriston, II. 304, 328, 339, 350 ; III. 255, 256. Allan, his son, II. 339, 350 ; III. 256. Patrick, seventh of Glenmoriston, I. 404 ; II. 134, 135, 14S, 157, 159, 257, 264, 339 ; III. 255, 256. Major Alpin, of Borlum-beg, bis son, II. 469. . . Patrick, eighth of Glenmoriston, II. 458, 469. Helen, bis daughter, wife of Ewen Cameron, of Glennevis, II. 458. -, ^Eneas, (Angus), of Deldregin (Dundreggan), II. 134, 135, 157 ; III. 255. family of, I. lxxvii, 226, 276. Pedigree, I. 522, 523. 528 INDEX OF PERSONS. Grants of Kilgraston— Alexander, or Alester M°Robie in Glen loquhy, III. 137, 158. Patrick, in Glenloquhy, III. 137. Sir Francis, President of the Royal Academy, I. 495, 496. Grants of Kinchirdie, Gellovie, Knockando, and Gartinbeg. Cadets of Freuchie — Grant, Mungo, first of Kinchirdie, sixth son of Sir John Grant of Freuchie, I. 238, 270, 277, 287, 289, 401 ; II. 87 ; III. 343, 344, 352, 353, 356, 462, 463, 465-467. Margaret Gordon, bis first wife, I. 238. Elizabeth, daughter of John Grant, of Gar- tinmore, bis second wife, I. 238 ; III. 462, 463, 466, 467. James, of Gellovie, I. lxxxvi ; III. 485. Captain Alexander, of Grantsfield, bis son, II. 154, 197, 201, 209, 210, 213, 249, 314. Ludovick, of Knockando, also bis son, II. 93, 213, 253, 261. James, bis son, II. 213, 253, 261. James, of Kinchirdie, II. 427. his brother, II. 427. Robert, son of John, II. 522. Lachlan, of Gartinbeg, writer in Edinburgh, I. 388, 401, 402, 406, 412, 413, 415, 418, 419, 421-423, 425, 428, 432, 434, 451; II. 152, 159, 160, 162, 201, 203, 213, 219, 229, 239-241, 247, 254, 257, 258, 260, 263, 268-270, 322, 327, 331, 409, 477. family of, I. 239, 277. Pedigree, I. 504, 505. Grants op Lurg. Cadets of Freuchie — Grant, Robert, of Clacbaig and Lurg, son of Duncan Grant, younger of Freuchie, I. 158, 225, 226 ; III. 220, 315, 321, 418, 426, 442, 443, 446. John, of Lurg, II. 530 ; III. 231, 232, 239, 348, 459. William, of Lurg, I. 451 ; III. 357. John, in Ballintome, I. 451. Isaac, W.S., Edinburgh, I. 451. family of, I. Ixxiii. ¦ Pedigree, I. 50S. Grants of Monymusk. Cadets of Freuchie — Grant, Archibald, in Ballintomb, youngest son of James Grant, third of Freuchie, I. 122-124, 166, 275; HI. 157, 166, 176, 181, 396. Duncan (of Thombrecachie), III. 205, 416, 417. Grant, Alexander, of Allachie, his son, IH. 239, 352, 459, 473. ¦ WUliam, also his son. See Grants of Aru- dilly. Archibald, of Ballintomb, L 275 ; III. 348. Sir Archibald, second Baronet, of Mony- mnsk, I. 387, 406, 407, 409, 414, 415, 418, 421, 423, 424, 426, 428, 429; II. 142, 163, 203, 205, 206, 208, 213, 240, 247, 249, 250, 252, 254-257, 260-262, 270, 275, 304, 399, 442-444, 448, 449. Jane Miller, his wife, II. 558. ¦ James Francis, bis son, II. 275-277. • Sir Archibald, seventh Baronet, of Mony- musk, I. 2. William, Lord Advocate, afterwards Lord Prestongrange, II. 245-247, 268, 293. family of, I. 122, 124, Pedigree, I. 512, 513. Grants op Rothiemurchus. Cadets of Freuchie. — Grant, Patrick, first of Rothiemurchus, second son of John Grant, fourth of Freuchie, I. lxvi, lxvii, 150, 152, 153, 160, 166, 172, 176, 180, 189 ; III. 136, 157, 158, 162-166, 169, 170, 180, 182, 184-186, 190, 195, 199, 202, 205, 207, 218, 219, 286, 292, 296, 390, 394, 397, 399, 400, 402, 405, 408. • Jean Gordon, bis wife, I. lxvi, lxvii. — Duncan, apparent of Rothiemurchus, I. 196; III. 204, 218, 418, 435. Muriel Ross, bis wife, I. 196; III. 418, 419. John, of Rothiemurchus, III. 218-220, 325, 434. Margaret Dunbar, bis wife, III. 218. Colonel WilHam, of BallindaUoch, his son. See Grants of Ballindalloch. ¦ Patrick, alias Macalpine, of Rothiemurchus, I. u, 238, 299 ; II. 94. Mary Grant, bis wife, I. 238 ; II. 94. ¦ James, of Rothiemurchus, T. 390, 411, 414, 417, 433; II. 160, 161, 171, 175-177, 180, 182-184, 187, 222, 226, 230, 253, 261, 305. Patrick, of Rothiemurchus, I. 411, 435 ; II. 175-177, 184, 222, 225, 501. WiUiam, M.D., It. 465, 468, 473, 476. Sir John Peter, of Rothiemurchus, I. 153, 238. famUy of, I. Ixviii, 180. Pedigree, I. 509, 510. INDEX OF PERSONS. 529 Grants op Sheuglie. Cadets of the family of Corriemony — Grant, Alexander (Alaster Roy), first in Sheuglie (Soiglie), III. 316. ¦ — — • Alexander, fourth of Sheuglie, I. 436 ; II. 95, 132-135, 156, 157, 168, 220, 262-267, 304, 360, 362. Colonel Hugh, of Moy, his son, II. 456, 457, 492-494, 499-501, 512, 517, 520. Patrick, of Lochletter, also bis son, II. 456. Robert, also bis son, II. 156, 220, 221, 266. James, cousin of Alexander of Sheuglie, II. 265. James, fifth of Sheuglie, II. 156, 168, 221, 262, 266. James, his son, of Sheuglie and Redcastle, II. 460-464, 515. Charles Grant, Director of the East India Company, M.P. for Inverness, II. 509-521. Jane Fraser, bis wife, II. 516. Charles, Lord Glenelg, I. lxxxii, 95, 480 ; II. 510, 512, 517, 520. Sir Robert, Governor of Bombay, I. lxxxii. family of, I. lxxxii, 95 ; II. 265. Pedigree, I. 516, 517. Grants op Tullochgorm — Grant, Patrick, in Tullochgorm, I. lxix, 181 ; III. 264, 265. John, in Tullochgorm, III. 81. Patrick, his son, of Tullochgorm, III. 81. ¦ John, bis son, of Tullochgorm, III. 137, 157, 386. Patrick, of Tullochgorm, I. lxix ; III. 205- 209, 315, 417. John Dow M'Ean V°Patrick, bis brother, III. 315, 417. John of Tullochgorm, I. lxix; III. 315. Patrick, of Tullochgorm, I. 266 ; II. 69 ; III. 239, 345, 348, 455, 456, 459. Patrick, of Tullochgorm, I. 300 ; III. 247, 248. George, of Tullochgorm, I. 433; II. 253. Captain Alexander, of Tullochgorm, II. 512. Mr. Patrick, minister of Dutbil, I. lxxxviii. Major John, Auchterblair, I. 457, 465. General Sir Patrick, G.C.B., G.C.M.G., Governor of the Royal Chelsea Hospital, I. 457, 461, 464-466, 495-497. family of, I. Ixviii, lxix, xciv. Pedigree, I. 518, 519. Grant, vEneas, of Deldregin. See Grants of Glenmoriston. Agnes, wife of John Cruicksbanks, III. 348. Alaster, Allester, or Alexander, in Wester Tulloch, I. 229-231 ; III. 225-228, 337, 338, 354, 443, 444, 448. Alaster, or Allester M 'Neill in Kilmachling, II. 3. Alaster, alias Moir, III. 178. bis son, III. 178. Alexander, of Allachie. See Grants of Mony musk. Alexander, in Auchnarrows, I. 279. Allan, his son, I. 279. Alexander, in Bunloit, II. 135. Alexander, of Burnside, I. 318. Alexander, or Alaster, of Cardells. Se.e Grants of Ballindalloch. Alexander, younger of Craskie, II. 135 ; III. 255. Alexander, or Alester, in Daicbcarne, III. 137. Alexander, or Alester, in Glenloquhy. See Grants of Kilgraston. Alexander, of Grantfield. See Grants of Kinchirdie. Alexander, in Inchbrin, II. 156, 157. James, bis brother, II. 156. Alexander, in Inverurie, III. 137. Alexander, of Kirdells, I. 298. Alexander, Lettoch, III. 239. Alexander, in Milntoun of Bellacbastle, III. 352, 475. Alexander, or Alester, in Mirkariche, HI. 137. Alexander, or Alester, in Rowmoir, III. 138. Alexander, in Urquhart, II. 134, 135 ; III. 138. Alexander, servant to James Grant of Freuchie, III. 240-242, 462. Alexander, W.S., Edinburgh, I. 451. Mr. Alexander, II. 87 ; HI. 460-462. Alexander (Sandy), II. 128, 248, 249, 448. Sir Alan, said to have been at the siege of Berwick, I. 24, 25, 37 ; II. 549. Allan, servant of John Grant of Freuchie, III. 205, 209. Allan, in the Hills, II. 134, 135. Allan, in Lattocbe, III. 220, 321. Allan, of MuUochard, II. 69 ; III. 239, 454. Allan, Regent in St. Andrews, I. 293. 3 X 530 INDEX OF PERSONS. Grant, Allan, alias AUan McJokie, son of Wester Tulloch, I. 276 ; III. 350. Allan Roy, III. 316. Mr. Allan, III. 470. AUan, I. 449 ; III. 177. Andrew le, I. 20, 24, 25, 29, 37 ; III. 258. ¦ Andrew, in Acbnarrovoir, III. 138. Andrew, in Claytak, III. 138. Andrew, parish clerk in Duthil, I. Iviii, III. 268-270. Andrew, of Rymoir, III. 157. Angus, in Urquhart, II. 132, 133, 135, 201. — — Archibald, in Ballintomb. See Grants of Monymusk. Archibald, in Camdell, III. 468. Archibald, in Dalcullye, III. 137. — Archibald, son of James Grant in Kirktoun of Dalloqubie, III. 412. Captain, of Ballintomb, II. 529. Captain, II. 328, 361, 362, 531. Captain, Congasb, factor of Strathspey, I. 465. Captain, of Grantsfield. See Grants of Kinchirdie, etc. Charles, Lord Glenelg, I. 95. See Grants of Sheuglie. Charles, Vicomte de Vaux. See Vaux. Charles, II. 559. Colin, tenant to Dunpbail, II. 108. Colonel Hugh, of Moy. See Grants of Sheuglie. - — - Colquhoun, W.S., Edinburgh, I. 450, 451 ; II. 168, 543, 544, 558. Gregory, Dr., his brother, II. 280, 558. David le, sheriff of Stirling, I. 19. Laird of Dellicbaple, II. 429. Donald, of Dellicbaple, III. 246. Donald, of Farletter, III. 468. Donald, servant of James Grant of Freuchie, III. 353. Donald M'Concbe, servitor of Duncan Grant, apparent of Freuchie, III. 393. Donald, of Kinveachie. See Grants of Gar tinbeg, etc. _ Dr. Donald, London, I. 467, 468 ; II. 473, 476, 496, 558. Donald M°VcAllaster, in Knoidart, I. 220. Mr. Donald, I. 497. Donald, III. 138. Donald, in Glenbeg, II. 109, 120. James, bis son, II. 109. Grant, Robert, also his son, II. 109, 421. Duncan, of Aucbnabandet, III. 348. Duncan, of Aucbernek, III. 355, 356. Duncan, in Camedall, III. 157, 169. Christian, bis relict, III. 169. Duncan, of Claua, III. 317. Duncan, of Cloiscbear, III. 390. Duncan, of Clurie, natural son of John, fifth of Freuchie, I. 190, 196; III. 417- 419, 456, 459. Muriel Ross, bis wife, I. 196 ; III. 418, 419. Patrick, of Clurie, bis son, III. 345, 348. James, of Clurie, also bis son, II. 95, 96, 532 ; III. 356. George, of Clurie, son of James, II. 327, 397 ; III. 255. Duncan, of Cur, III. 239, 342. Duncan, brother of John in Auchloney, III. 205-209. Duncan, in Drummownlie, III. 138. Duncan, in Fodderledder, III. 138. Duncan, in Glenlatroch, III. 349. - — — Elspet Spense, bis wife, III. 349. Duncan, servitor to James Grant of Freuchie, III. 352, 461. Duncan, Inverness, n. 259. Duncan, in Letauche, III. 315. — — Duncan McJames Og, III. 315. Duncan, of MuUochard, III. 355, 356. Duncan, Provost of Forres, II. 526. Jean, daughter of Robert Grant of Kylve- more, bis wife, II. 512. Captain Duncan, their son, II. 525, 526. Duncan, of Port, III. 348. Duncan, of Reak, III. 396. — ¦ — Duncan, of Thombreachie. See Grants of Monymusk. Duncan, in Urquhart or Glenmoriston, II. 134, 135. Duncan, II. 2, 259, 329, 449 ; III. 220, 265, 296. Ensign, II. 130, 472. ¦ ¦ Ewen, in Urquhart, II. 134, 135. Father, a priest, I. 287. Finlay, in Belmakean, III. 225. Sir Francis, President of the Royal Academy. See Grants of Kilgraston. George, in Auldaiche, III. 157. George, London, II. 498. George, III. 350. Gilbert or Gibbon, in Avielochan, III. 137. INDEX OF PERSONS. 531 Grant, Gregor, in Gartinmoir, chamberlain to Sir John Grant of Freuchie, I. 199, 201 ; III. 213, 316, 322-334. Gregor, in Lethindie, III. 350. Gregour M'Gillespik, alias M'Gregour in Tullocbcruben, III. 315, 418. Gregour, HI. 198. Hugh de, officer of William the Conqueror, H. 458. ¦ Mr. J., in Ruddei, in. 239. Mr. J., III. 239. Isaac, W.S., Edinburgh. See Grants of Lurg. James, of Auchehangen, III. 233. James, of Aucbernach ( Aicbkernick, Aucbter- nettir), curator of John Grant, fifth of Freuchie, I. xxxvii, lxxv, lxxvi, 160, 161 ; III. 137, 157, 158, 162-166, 169, 196, 292, 395-397, 400, 401. — James, of Aucbernach, chamberlain to James Grant, seventh of Freuchie, I. 280, 281; III. 243, 244, 344, 352, 353, 356, 459. — — James, of Auchterblair, I. 224, 225, 234, 270 ; III. 239, 321, 342. James, in Aviemore, III. 196. James, Bailie Roy, I. xc. James, in BalnadaUocbt, III. 39, 40. James, in Camedull, III. 137. James Cruicksbanks, II. 519, 522. James, in Daltalies, I. 226. James, in Dellawor, HI. 239. James, of Dell, I. 412 ; II. 181. James, of Delnabo, II. 69, 70 ; III. 239. James, dempster, III. 453. James, in Dragcbie, III. 138. James, of EdinviUie. See under No. XI. of Grants of Freuchie. ¦ James, in Foddelletir, III. 316. James, of Gartin, III. 349. Margaret, his daughter, III. 349. James, of Gellovie. See Grants of Kin chirdie, etc. James, of Glenbeg, I. 278. James, in Glenbruce, III. 350. James, Heathfield, factor at Castle Grant, II. 529, 530. Mr. John, his brother, minister of DutbU, II. 530. James, Inverri, III. 239. James, in Killmore, II. 264. James, of Kinkirdie. See Grants of Wester Elchies, Cadets of Carron. Grant, James, in Kirktoun of Dalloquhie, III. 412. James, of Logie. See under No. XI. of Grants of Freuchie. James, of Lynnicburne, III. 239, 344. James, M'Keanriacb, III. 349. Elspet Lesly, bis wife, III. 349. ¦ James, in Muirton, II. 361. James, Oig, III. 416. James, alias Our, chamberlain to Sir John Grant of Freuchie, III. 229. James, in PetcbirreU. See Grants of Corrie mony. James, of Pluscarden. See Sir James of Grant. James, in Rimoir, III. 441. Lieutenant James, 74th Regiment, II. 525. James, chamberlain of Strathspey, II. 254. James, of Tulloch, III. 344. Mr. James, assistant minister at Urquhart, I. 467 ; II. 265-267. James, in Urquhart, II. 132, 133. James (beheaded 1556), I. 131. James, II. 120, 148, 419. Mr. John, minister of Abernethie, II. 484. John, in the town of Abernethie, III. 315. John, of Accolyduich, III. 239. John, of Acbrosk, I. 294 ; III. 350, 352. James, bis son, III. 352. John, in Arthindullye, III. 138. John, son of James, in Auchernick, III. 243. John, in Auchloney, I. 181 ; III. 205-209. John, in Auchnarrow, III. 76. John, McWilliam M°AUan, in Aucbinarro, III. 272, 315, 393. ¦ Duncan, his brother, III. 315. Major John, Auchterblair. See Grants of Tullochgorm. John, of Auldicbe, III. 454. John, portioner of Blairfindy, III. 233, 239. John, of the Bray of Urquhart, III. 138. John B., Captain, II. 460, 556. John, of Clune, HI. 396. John, comptroller, II. 257, 263. John, in Connegas, III. 157, 347, 396. John, in Cragan, III. 239. John, in Culquice, III. 89. John, in Cwrie, HI. 137. John, in Delrachny, III. 138. John, of Dandaleith. See under No. XI. of Grants of Freuchie. John, in Dellichappell, III. 244, 342. 532 INDEX OF PERSONS. Grant, John, in Divach, II. 95. John, in Dragchie (Dreggie), III. 138. John, Ensign, II. 225, 419. John, in Fonet, III. 239. John, of Galdvall, III. 350. John, in Gartallie, III. 138. John, of Gartinmore, I. 238 ; III. 344, 352, 353, 462, 467. Elizabeth, bis daughter. See Grants of Kinchirdie. Gregor and Robert, bis sons, III. 467. John, in Gellovie, III. 137, 348. John, in Glencougles, III, 138. John, of Gorton, I. 279. John, in Granynsche, III. 158. John, grenadier, I. 455. John, Inverlaidnan. See Grants of Gart inbeg, etc. John, servitor to James Grant of Freuchie, III. 454. John, in Inverloquby, III. 137. John, burgess of Inverness, III. 105. John, provost of Inverness, III. 18-20. John, of Kinveachie, III. 136, 137, 149, 157, 158, 162-165, 169, 170, 192, 195, 388, 396, 397, 400. John, in Kyndocbe, III. 110. John, inLaitdaycb(Lettoch), 111.137,351,468. John, of Lethintie. See Grants of Gartinbeg, etc. John, or M'Fail, III. 110. John M°Swine. See Grants of Gartinbeg, etc. John McWUliam McAUan, in Auchnarrow, III. 315. Duncan, bis brother, III. 315. John Mor, of Freuchie, I. 60, 68. Muriel Mackintosh, bis wife, I. 60, 68. John, of Moyness. See- under No. XI. of Grants of Freuchie. John, in Mulben, II. 254. John, factor in Mulben, II. 438-440. John, notary, III. 246. John, in Over Finrek, III. 138. Patterson, John, or John Pattonson (Patricii), III. 40, 57, 262. John Reoch, I. 130 ; III. 117. John Roy, in Urquhart, III. 390. John, servitor to James Grant of Freuchie, III. 232, 235, 236, 240, 454. John, servitor to John Grant, fourth of Freuchie, III. 291. Grant, John, in Tulloch, III. 271. John, of Tullochgriban, II. 440-442, 470. John, chamberlain of Urquhart and Glen moriston, I. 403, 404, 409, 410, 413, 423, 427, 428, 440 ; II. 114, 132, 133, 135, 146, 153, 154, 156, 157, 159, 165, 167-169, 181, 188, 189, 201, 202, 259, 264-266, 304, 328, 331, 336, 338, 360-363. John, in Wester Dalcullocb, III. 138. Mr. John, II. 58, 87, 88 ; III. 348. John, II. 133, 148, 220, 221, 229, 265, 275, 507 ; III. 204, 265, 330. L., of Clurie, III. 239. Lacblan, writer in Edinburgh. See Grants of Kinchirdie, etc. Lacblan, minister at Moy. See Grants of Wester Elchies. Lewis, ensign, II. 419. Lewis, of Auchterblair, II. 304. Lilias (1637), III. 230. Ludovick, of Acbnastank, I. 239. Ludovick, of Lettoch, II. 252, 253. Ludovick, writer in Edinburgh, I. 451 ; II. 272, 273. Major, II. 362. Malcolm, I. 98 ; III. 72. Mr., of Acboynany. See Grants of Arndilly. Mr., Hatton Garden, II. 213, 247, 254. Mrs., of Laggan, authoress, I. xliii, 448, 459, 462, 463. Margaret (1637), III. 230. Maurice, sheriff of Inverness, I. 25, 47. Mungo, of Coninges, III. 344. Mungo, of MuUochard, I. 239. Mungo, HI. 344. Neil, minister of Advie and Cromdale, III. 293. Neill the, III. 61. Neill, in Dalboyak, III. 194, 297. Neill, in Duthell, III. 315. Neill, in Fetterletter, III. 350. Neill, servitor to John Grant of Freuchie, III. 165, 166, 170. Nigel, in Monkcowrtb, III. 137. P., elder of Craskie, II. 134, 135. Patrick, of Advie, III. 239. Patrick, of Blarye, III. 405. Patrick, in Bombrak, HI. 239. Patrick, son to the Laird of Breyis, III. 315. Patrick, minister of Calder, I. 386, 410; II. 172, 173. INDEX OF PERSONS. 533 Grant, Patrick, minister of Cromdale, I. 180 ; II. 470 ; III. 199, 406, 408. Patrick, of Camdell, III. 198, 207, 209, 408. — — Patrick, Castellan of the Castle of Clunie, I. 18. Patrick, of Culquocbe, II. 87 ; III. 348. Patrick, of Culvullin, I. 239. Patrick, minister of Dutbil. See Grants of Tullochgorm. Patrick, in Fones, HI. 137. Patrick, in Galdvall, III. 350. Patrick, in Glenardour, III. 138. Patrick, in Glenbeg, or Patrick McFinlay, III. 108, 110, 137. Patrick, in Glenloquhy. See Grants of Kil- graston, Sir Patrick, Governor of the Royal Hospital, Chelsea. See Grants of TuUocbgorm. Patrick, of Hillball. See Grants of Easter Elcbies. Patrick, of Lettocb (Laitache), II. 87. Patrick, there, I. 227, 231 ; II. 441. Patrick Maclan Roy, described as brother of Sir Duncan Grant, I. 60, 61. Janet Mackintosh, bis wife, I. 60. Patrick, of Miltoun, III. 247, 248, 344, 356. Patrick, in Mulben, III. 198. Patrick Og M'Tbomas, in Rimoir, III. 315, 418. Patrick Reoch or Roy (of Auchnarrow), son of Marjory Lude, lady of half the barony of Freuchie, I. xxxv, xxxvii, xxxix, Ixxvi, 61, 152, 160, 161; III. 30, 31, 38, 266, 395, 396. Nicolas, bis grandson. See Cumming. Patrick, in Rutherie, III. 235. Patrick, of Strabauche. See Grants of Dalvey, etc. Patrick, in Tulloch, III. 137, 157, 289, 293-296, 396. Patrick MMockie, in Tulloch, III. 315, 316, 418. John, his son, alias McJockie, or John McPhadrick, in TuUocb, I. 230; III. 316, 451-453. Patrick, bis eldest son, I. 230 ; III. 451-453. John McJockie, also his son, I. 230 ; III. 451-453. John, their goodsire's brother's son, III. 453. Patricks, in Urquhart, II. 132-135. Patrick, son of Patrick, III. SI. Grant, Patrick, III. 369. Alaster and Mr. William, bis sons, III. 369. Patrick, III. 33, 44, 81, 83, 239, 324, 326, 330, 332, 333, 344. Paul, in Calladour, III. 138. Paul, in Over Cowgles, III. 138. Paul, III. 265. Peter, Abbe, I. 444, 445 ; II. 446, 533-539, 551-553, 556-558. James and Alexander, his brothers, in Blair - findy, I. 444 ; II. 546. Robert Abbe, Principal of the Scots College at Douay, also bis brother, II. 545, 547, 550, 554, 555, 557. Baron de Blairfindy, the Abbe's nephew, I. 444; II. 539-552, 557. Comtesse d'Aneelet, his wife, II. 541, 545, 547, 549, 557. Alexander, their son, II. 557. Peter, of Elchies. See Patrick, Lord — Family of Easter Elcbies. Peter le, I. 4. Peter, Sergeant, II. 230, 361. • Peter (Kuis), in Abernethy, II. 466. his son, II. 466. Richard le, Archbishop of Canterbury, I. 4. Robert, of Auchterblair (Ocbterblair), III. 344, 348, 355, 356. Robert, in ArdweU, III. 468. Robert, servitor to Alexander of that Ilk, III. 251. Robert, of Baldevacbill, III. 467, 468. Robert, Bailie Mor, in the parish of Aber nethy, I. lxxxix. Robert, of Boginduy, II. 252, 253. Robert (Dellichaple), II. 429. Robert, in Delnabo, III. 205-209. Robert, son of Easter DutheU, II. 160. Robert, ensign, adjutant to Lord Louduun. II. 257. Robert, of Glenbegge, III. 350, 459. bis widow, III. 350. Robert le, I. 19. Robert, M'Andro, in Lurg, III. 315. Robert, in Milntoun, II. 362 ; III. 350. Alexander, bis son, II. 362. Robert, of Over Conegais, III. 207, 408. Robert, natural son of Patrick, tutor of Grant, I. 238 ; HI. 473. Robert (Tommore), II. 118, 212, 429. Robert, in Tullochcruiben, III. 356. 534 INDEX OF PERSONS. Grant, Robert, in Urquhart, II. 132-135. Robert, in list of companions of WUliam the Conqueror, I. 3. Mr. Robert, II. 501. Robert, I. 92 ; II. 175, 192, 193, 225, 532 ; III. 68, 70. Robert Ogg, of MUton of Muckracb, I. 238. Swein, in Dalcbarne, III. 157. Swin, in Bellintomb, I. 290 ; III. 351. bis wife, I. 290. Swin, the, III. 44. Swine, in Cur, III. 315, 337, 417. James, his son, III. 337. Thomas, of Aeboynanie. See Grants of Arndilly. Thomas, of Cardells, I. 226, 227. John, apparent of Cardells, his son, I. 226, 227. Thomas, of Culquboicb, I. 236 ; II. 60 ; III. 451. his brother, III. 451. Thomas, of Hiltoun of Birnetb, III. 202, 213, 408. Thomas le, ancestor of the Grants of Nor mandy, I. 25 ; II. 549. Thomas or Tassain, bis son, alleged ancestor of the Vicomte de Vaux, I. 25 ; II. 550. D8Ue Jorette de Quetteville, bis wife, II. 550. William, also son of Thomas, afterwards Vicomte de Caen, I. 25 ; II. 549. John, descendant of Tassain, II. 550. Jean Boullene, bis wife, II. 550. Thomas le, merchant of King Alexander the Third, I. 7. Thomas, of Letaucbe, in. 194, 195, 197, 207. Thomas, in Lethindie, III. 239. Thomas, notary and official of Moray, III. 24, 34. Thomas, I. 232 ; II. 254 ; III. 351. William, minister of Abernethy, I. lxxxvii. William, of Auchehangen, III. 233. WilHam McAllan, of Auchnarrows, III. 137, 158, 195, 239, 272, 393, 396, 401. WiUiam, in Blairfindie, III. 412. William, in Brodland, III. 138. WilHam, of Burnside, younger, I. 424 ; II. 203, 204, 206, 207. William of Cardells, I. 229, 282, 283 ; II. 70, 87, 88 ; III. 239, 244, 342, 473. William, Colonel. See second Family of Ballindalloch. Grant, William, of DeUicbaple, younger, II. 160. William, parish clerk of Dutbil, III. 268, 270. William, in Inverloquby, III. 137. William le, of East Bridgford, I. 4-8. Albreda Byset, his wife, I. 4-8. William le, pilgrim to the Holy Land, I. 4, 7. William, in Leitdarrecbt, III. 138. Mr. William, in Moirnytbie, III. 137. William, of Newton, I. 279. Donald, his son, I. 279. Mr. William, of Twllyboo, III. 159. William, in Tullocbcruban, III. 350. Mr. William, Edinburgh, II. 87, 88. Sir WiUiam, Master of the RoUs, II. 529, 559. William, III. 36, 38, 40, 80, 83, 297, 325. Grant, Family or Clan of, or Clan-Grant, I. xvii, xxi, xl, lix, Ixxviii, 57, 62, 69, 91-93, 97-99, 110, 111, 150, 161, 167, 171, 172, 174-176, 179, 186, 188, 211, 300, 308, 309, 313-316, 318, 327, 328, 349, 350, 364, 389, 390, 398-403, 406, 407, 415- 417, 420, 422, 423, 425, 430-432, 435, 436, 449, 496 ; II. 132, 148, 157, 161, 179, 180, 192, 196, 200, 204, 216, 217, 235, 236, 270, 313, 331, 339, 347, 365, 458, 529, 530 ; III. 68-71, 157, 158, 185, 186, 214, 237, 338, 339, 345, 377, 417, 424, 449-451. family of Aucbernach or Clan AUan, I. lvii, Ixxiii. of Blairfindy, I. 443. of Dellichaple, I. 279, 433. of Gartinmore, I. Ixxiii. of Glenbeg, I. 276. of Glenlochy, I. Ixxiii. of Lettoch, I. Ixxiii. of Tulcban, I. lix. of Tulloch, I. Ixxiii, 230. of Wester Elchies, I. 277, 290. Fencible regiment, I. 454-456. Grants in England, I. 3, 9. ¦ Lords of Stratherrick, I. xxiv-xxvi, 11. in Tulloch, I. 230, 236. in Urquhart, II. 134, 135, 265. Grants or Guns in Sutherland, II. 157. Grante or Grantmesnil, Norman family of, I. 3. Grant and Robertson, Messrs., II. 533. Grant, Fordyce and, bankers, London, II. 537. INDEX OF PERSONS. 535 Grantham, Thomas Robinson, second Baron, I. 443, 445, 451 ; II. 431-433, 451, 452, 465, 475, 477, 498, 534. Grantson, John James, III. 57. Granville, John, Lord, II. 240. • Mr., II. 260. Gray, Andrew Lord, III. 42, 51, 53, 56, 259. Harry, III. 291. WiUiam, III. 334. Green (Grene), John, Chancellor of Moray, III. 26. Greenlaw (Grenlau), WUliam of, bailie of Inver ness, III. 11. Greenwood, Mr., II. 529. Greg (Gregg) John, III. 153. Mr., watchmaker, II. 129. Gregor (Gregour, Greigour), George, servitor to James Grant of Freuchie, in. 352. John, in KiUintra, III. 246, 348. Patrick, in Smidie Croft, III. 348. William, notary, III. 158, 165, 170, 184, 196, 204, 272, 296, 393, 401. Gregorie, John, in Kyntra, I. 273. Gregorius Magnus, King of Scotland, I. 105. GrenviUe, George, M.P., H. 447. WilHam, Lord, II. 509. Grey, Mr., statesman, II. 505. Griffen, Lord, I. 342. Grosvenor, Lord, I. 445. Grote, Gilbert, notary, III. 131. Guest, General, II. 124, 125, 156, 164, 195, 338, 373-375, 377, 379, 389, 410. Guido, the painter, II. 534. Gumlye, Captain, II. 342. Guns or Grants of Sutherland, II. 157, 192. Gurlaw, George, IU. 259. Gustavus Adolpbus, King of Sweden, I. 225 ; II. 14. Gutbrie (Guthre), David, of that Ilk, III. 28. James, burgess of Elgin, III. 185. Thomas, III. 56. William, minister at St. Andrew's kirk, III. 437. Gy, John, notary, III. 3. Gyllepatrik, mediciner, III. 67. Haberon, Peter, I. xii. Hacket, Colonel, II. 162. Mr., II. 356. Haco, King of Norway, I. 9, 10. Haddington, Thomas, first Earl of, I. 202; II. 12, 13 ; III. 188, 245, 417. Haddo, Lord, 11. 546. Hadley, Dr., II. 438. Haining, John Pringle, Lord, II. 111. Haldane (Hadan), Archibald, HI. 125. James, brother of Gleneagles, II. 53. Hales, Robert of, prior in England of the order of St. John of Jerusalem, I. 50. Halkerston, Sir Thomas, Provost of Creichtoun, III. 02. Halkit Stirk, alias Gavine Cuin, a noted free booter, I. lxxxviii, 280-282 ; II. 20, 21. Hallbead, II. 164. Halyburton, Walter of. Lord of Dirleton, III. 18. William, of Gask, III. 58. Hamilton, Sir Alexander, of Haggs, I. 290. Mary Grant, bis wife, I. 290 ; III. 350, 352, 353. Mr. Alexander, I. 285. Colonel, I. 225 ; II. 14, 215. Gavin, painter, I. 444, 445 ; II. 444-446, 534, 536-538. James, III. 111. General James, II. 511. James, Marquis, afterwards Duke of, I. 225, 248 ; II. 14, 65, 66. James-George, Duke of, II. 272. John, treasurer of Scotland, HI. 106. Matthew, master of household to James, Earl of Arran, III. 98. Mr., II. 157, 158. Sir Thomas, Lord Clerk-Register. See Had dington, Earl of. Sir William, envoy at Naples, II. 551-553. Lady Hamilton, his wife, II. 551-553. Sir WiUiam, of Whiteland, III. 488. WUliam, II. 143. family of, II. 356. Handyside, II. 195. Hanover, Elector of, King George the Second, II. 165. famUy of, IL 283, 355. Harcourts, The, II. 459. Harrington, William Stanhope, first Baron, II. 379. Charles, third Earl of, II. 469. Harris & Keith, bankers at Ostend, II. 547, 549. Harrower, John, III. 324. bis wife, III. 324. Hart (Hairt), Sir William, of Prestoun, III. 412. William, of Livielands, Lord Advocate, III. 188. Hartfell, James (Johnstone), first Earl of, II. 84. 536 INDEX OF PERSONS. Harvie (Harwie), Thomas, advocate, III. 391. Hastings, Warren, I. 472 ; II. 507, 508. Haules, Sir John, of Lincoln's Inn, III. 493. Hawere, James, burgess of Falkland, III. 47. Hawksbury, Lord, II. 499. Hawley (Halley), General, II. 215, 218, 232, 260. Hay (de Haia), Sir Alexander, of Wbitburgb, II. 12. Alexander, in Allanbowie, III. 185. Alexander, of Easter Kennet, Clerk-Register, I. xxxi, xxxii; III. 132, 133, 179. John and Daniel, bis sons, I. xxxii. Alexander, of Newton, Secretary of State, III. 410. Sir Alexander, of Lands, Lord Clerk- Register, II. 36, 37, 60-62. Alexander, of Mayne, I. xxx, xxxi, 34, 35 ; III. 33, 34, 67, 68, 263, 264. Andrew, III. 342. Andrew, in Brakow, III. 39, 61. Sir Andrew Leith, M. P. for the Elgin Burghs, I. 484. Andrew, marshal to George, Earl of Huntly, III. 37, 41, 364. Bessie, relict of Thomas McQueen, in Pol- lachale, III. 349. Bessie, spouse of John Donaldson, III. 337. David de, III. 1. David, of Locbloy, III. 221. Dr., I. 286. Sir George, of Kinfauns, Chancellor, after wards Viscount Dupplin and Earl of Kin- noul, I. 224 ; II. 13, 15, 50 ; III. 228, 428. George, of Mynzeane, III. 67. Gilbert, of Ury, III. 363, 364. James, in Auchroisk, son of William Hay of Mayne, I. xxxiii, 276. Grissel, his sister. See Caddell, John. James, of Carubber, W.S., III. 361. James, in Kellos, III. 349. James, in Lethinbar, III. 337- James, his son, III. 337. James, of Nauchtan, III. 29, 30. Elizabeth, bis sister, III. 30. John, in Allanboy, III. 140, 149, 388. John, clerk to the Privy Council and Com mittee of Estates, I. 234, 241 ; II. 22, 59, 62, 63, 82. Sir John, of Baro, Clerk-Register, III. 451. John, of Kynowdie, III. 221. Hay, John le, of Mayne, I. xxx, xxxv, 35, 63 ; III. 22, 27, 28. John, of Park, III. 112. John de, Sheriff of Perth, III. 3. John of, Laird of Tulibothvile, III. 11, 12. John, Lord, of Yester, III. 75. John, the violer, II. 66. John, III. 39, 239, 369. Thomas, notary, vicar of Dundurcus and of Duffus, III. 83, 89, 280, 367, 371, 372. WilHam, vicar of Abirlour, III. 32. Sir William of, Lord of Auchnachtane, III. 16, 17. William, clerk of Elgin, III. 140, 148, William, of Kirktoun, III. 221. William, brother of Knockandy, III. 348. William, of Loucbloy, III. 33, 45. William, of Mayne, I. xxxi ; III. 67, 68. William, of Mayne, I. xxxii, xxxiii ; II. 36 ; III. 194, 288, 393. Jean Grant, bis wife, I. xxxii, xxxiii. Patrick, their son, I. xxxiii. William of, III. 20. WUliam, III. 37. of Banff, II. 256. Hays, of Mayne, I. xxx, xxxi, xxxiii, 276. Haywood, Councillor, London, II. 492. Hencbliffe, Mr., II. 535. Henderland, Alexander Murray, Lord, I. 469 ; II. 502-504. Hendersone, John, of Brabster, III. 467. Henrietta Maria, Queen, I. 263 ; II. 9. Henry the Second, King, I. 4, 5. the Third, King, I. 3, 4, 7. Princess Margaret, bis daughter, I. 7. the Eighth, King, I. 107 ; II. 550. Anne Bullen (Boleyn), bis wife, II. 550. Prince of Prussia, II. 463. Hepburn, Adam, rector of Dupill, III. 385. Alexander, rector of Ryne, III. 278, 367. ¦ Alexander, I. 303. David, III. 278. George, treasurer of Moray, III. 385. James, treasurer of Moray, III. 367. James, burgess of Perth, III. 127. John, rector of Dairy, III. 275, 27S. Captain John, III. 343. Patrick, rector of Kynoir, III. 385. Herbert, Philip Jones, of Llanartb, Wales, II. 560. Mary Jones Herbert, his daughter. See Vaux, Vicomte de. INDEX OF PERSONS. 53/ Hering (Heryng), David, apparent of Lethintie, III. 297. John, III. 30. Elizabeth Hay, bis wife, III, 30. Robert, III. 39. Heron, Mr., member of Parliament, I. 382, 383. Hetton, Walter, friar of Kinloss, III. 115. Hickson, of Perth, II. 166. Hill, Brigadier-General, I. 338, 346. — — ¦ Captain, Governor of Badenoch and Rutbven, I. 278, 279. Dr. George, Principal of St. Andrews, I. 471 ; II. 279. Hilltown. See Mackenzie, Colin. Hogg, Mr., II. 442. Holford, Mr., consul, II. 438. Holingshed, the historian, I. 3. Holyrood (Halirudbous), George, Abbot of, III. 263. Robert, Abbot of, III. 77. Home (Houme, Hume, Hwyme), Alexander, of that Ilk, III. 35. Alexander, second Lord, III. 42, 44, 53, 56. Alexander, seventh Earl of, II. 195. Henry, afterwards Lord Karnes, I. 448 ; II. 368, 449-451. Harry, of Argatie, III. 237, 459. James, third Earl of, I. 264 ; II. 84. John, I. 199, 202; III. 324, 329-331, 333. Charles Alexander, Earl of, I. 66. Hooke, Colonel, a Jacobite emissary, I. 333. Hope, Sir John, of Craigliall, I. 244, Lady, II. 135. Lady Charlotte, wife of Thomas Lord Erskine, II. 270, 271. Lady Harriet, II. 271. James, Lord, afterwards third Earl of Hope- toun, II. 53S. Captain, his brother, II. 538. Sir Thomas, of Craighall, Lord Advocate, I. 199, 200 ; II. 15, 60, 61, 63 ; III. 324, 325, 327, 328, 331, 332, 422, 443, 451. Hopetoun, Charles-Hope, first Earl of, II. 32. — — John, second Earl of, II. 270, 271. Hostiarius, Sir Alan. See Durward. Houstoun, Sir John, I. 329, 375 ; II. 417 ; III. 488. Lady Anne Drummond, his wife, II. 417, 418. ¦ their son, II. 417. Houstoun, Jean. See Grant, Ludovick, of Grant. Dame Margaret, wife of Sir Humphrey Col quhoun of Luss, III. 488. Howard, Lord, II. 292. Howe, Admiral Lord, I. 457. Hubert, II. 438. Huchonson (Huchunsun), Alexander, III. 267. William, III. 28. Humberston, Captain, II. 525. Humilitie, III. 349. Hunter, Adam, parson of Dupill, III. SO. John, III. 326. Huntly, Alexander, third Earl of, I. Ixviii, lxxx, 75-77, 80, 84, 89, 90, 105 ; III. 35, 39-41, 43, 55, 59-62, 261, 364. Alexander, Lord, afterwards second Duke of Gordon, II. 96, 97, 99-101. George, second Earl of, I. Ixviii, lxix, lxxx, 67, 69, 71, 72, 75, 76, 78, 80, S2, 86, 105 ; III. 35-37, 39-41, 44, 261, 262, 363, 364. George, fourth Earl of, I. lxix, lxxii, 91, 93, 94, 96, 97, 102, 103, 110, 111, 113, 116- 119, 125, 127, 131, 133, 136; III. 70, 71, 93, 94, 96-98, 103, 117, 118, 255, 365, 366, 369-371, 383, 420. George, fifth Earl of, I. 133, 136-142, 144 ; II. 36; III. 136-138, 150, 151, 284, 285, 382-3S4, 419, 420. George, sixth Earl and first Marquis of, I. lxix, Ixxiii, 148, 156, 159-175, 183-185, 191, 200, 202, 212, 213, 219, 249; II. 3,4,40,60, 62; III. 160, 161, 165, 166, 168, 170, 176-180, 183, 1S4, 197, 200, 203, 321, 322, 338, 407, 408, 419, 420, 446, 449, 450. George, second Marquis of, and Earl of Enzie, I. 184, 185, 200-202, 2]4, 215, 236, 245, 246, 249, 254-256, 258, 259, 261-263, 265 ; II. 8, 67, 68, 75, 78 ; III. 228, 231, 240, 321, 322, 326, 331, 332, 438, 446. George, fourth Marquis of, and first Duke of Gordon. See Gordon. Henrietta, Marchioness of, II. 39, 40. • Lewis, third Marquis of. See Gordon, Lord Lewis. Mary Grant, his wife, Marchioness of, I. 239, 259, 2S7 ; III. 348, 464. family of, I. 75, 86. Earls of, I. Ixviii, lxix. 3 Y 538 INDEX OF PERSONS. Hurry, Colonel, I. 262 ; II. 16, 75. Husk, General, II. 214, 243, 246, 248, 249. Huskisson, Mr., statesman, I. 480. Hutoun, William, III. 316. Hwrwell, John of, III. 9. Inchaffray, Alexander, bishop of Moray, com mendator, of, III. 100. Inches, Laird of. See Robertson. Incbmartin, John of, I. 16, 17. Inernie, Laird of, II. 241. Inglis, Patrick, minister at KirkwaU, I. 197; II. 56. Robert, servitor to John Grant of Freuchie, III. 209. Innes (Innis), Alexander, of Borlum, formerly of Oldmills, I. 269. Alexander, of Breda, commissary of Aber deen, I. 451 ; II. 274, 448. Sir Alexander, of Coxtoun, III. 244. Alexander, of Coxtoun, III. 404. Katharine Gordon, bis wife, III. 404. Alexander, of that Ilk, I. 74 ; III. 67, 98. Alexander, Chancellor of Moray, III. 437- Alexander, III. 34S. Andrew, in Coitis, III. 82. Bariald, III. 37, 48. Captain, II. 512. CoUector, II. 97. Cosmo, I. Ixxi. Elspet, wife of Lacblan Grant of Wester Elcbies, III. 406. Sir Harrie, elder, I. 348 ; II. 107, 41S. Sir Harrie, of Innes, I. 392, 404, 412, 413, 419, 420, 423-425; II. 107, 110, 121, 126, 128, 155, 165, 171, 172, 179, 185, 186, 193, 196-198, 200, 202, 204-206, 212, 297. Anne Drummonda Grant, bis wife, I. 392 ; II. 155, 179, 1S6, 196. 198, 200, 297. Sir James, II. 444. James, of Drany, III. Ill, 367, 372, 384, 385, 404. Katharine Gordon, bis wife, III. 404. James, fiar of Drany, HI. 404. James, of that Ilk, III. 37, 364. James, of Rotbmakenze, III. 371. James, bailie of Spynie, III. 65. James of, III. 24. John, alias MTnves, fowler to the Laird of Freuchie, III. 461. Innes, John, III. 280, 473. John, prebendary of Elgin, III. 367. John, in Tombreackachie, III. 239. Matthew, III. 185. Patrick, of Newbigging, III. 392. . Leith, bis wife, III. 392. Robert, son of James Innes of Drany, III. 384. Robert, of that Ilk, III. 375. Walter, bis son, III. 375. Isobel, bis granddaughter. See Grants of Glenmoriston. Sir Robert of, III. 24. Sir Robert, of Balveny, I. 242. Sir Robert, of that Ilk, I. 246, 247, 254, 277 ; III. 244. Robert, of Invermerky, III. 98, 180, 181, 268, 279, 280, 371. Sir Kobert, of Muretoun, III. 244. Sir Walter, of Balveny, I. 196, 245 ; II. 53, 65, 67, 68 ; III. 235, 236, 443. Lilias Grant, bis wife, I. 196; II. 53, 54; III. 221, 236, 337. Walter, of Touchis, III. 49, 365. William, elder, burgess of Elgin, III. 233. Mr., Scots College, Douay, II. 541. Innocent the Eighth, Pope, III. 36, 37, 39. Innyfuktour, Elspet, III. 70. Inverallan, Augustines of. See Augustine. Inveresbie, tutor of. See Macpherson. Inverness, Felan, rector of the school of, III. 258. Governor of, II. 233, 234, 237. John, vicar of, III. 258. Robert, vicar of, III. 18. Inverpeffer, John of, I. Ixviii. Irvine of Artamford, II. 97. (Alexander), of Drum, II. 63 ; III. 180. Islay, Archibald, Earl of, I. 339, 351, 353,356, 377-379, 382, 383; II. 105, 112, 125, 126, 282-290, 297, 300, 304, 306, 308, 314-317, 320-326, 329, 331, 332, 334, 343-346, 350, 360, 363, 364, 369, 370, 376-381, 383, 384, 387, 390, 394, 395, 399-402, 404-407, 427. See also Argyll. Isles (Ilis, Yle), Alexander, of Lochalsb. See Macdonald. Alexander of the, Lord of Lochaber, I. 30, 31. Celestine of the, Sheriff-depute of Inverness, I. 81 ; III. 26-29. Donald, Lord of the, I. Hi, 57. INDEX OF PERSONS. 539 Isles, Sir Donald of the, of Lochalsh. See Mac- donald. — — Margaret, bis sister, I. 89 ; III. 373. Jonet, also his sister, wife of Thomas Ding- well, I. 89 ; HI. 373. Hugh of, brother of John, Lord of the, III. 364. John, Lord of the, Earl of Ross, I. lxxx, 63, 80, 81; III. 364. Angus, bis son, I. 81. Neil Campbell, bishop of the, II. 67. Lords of the, I. 86, 90. — Islesmen, tbe, I. xxv, 80, 82, 83, 117 ; III. 04. Jack, Colonel, II. 326. Jackson (Jaksone), II. 92, 120. WiUiam, HI. 361. Jacobites, II. Ill, 137, 177, 284-287, 359. James tbe First, King of Scotland, I. xxiv, xxv, xxxviii, li, 54, 62 ; III. 18, 19. the Second, I. Hi, lxv, 63. tbe Third, I. xxx, xxxi, Hi, 68, 70, 72, 73 ; III. 26, 27, 29, 32, 34, 259, 260, 363. the Fourth, I. xxxvi, xxxvii, liii, liv, Ixxii, lxxx, lxxxii, 73, 76-78, 82, 86-88, 99, 129 ; III. 37, 38, 41-44, 47, 50-58, 62, 75, 263, 264, 266, 267, 365. Queen Margaret, his wife, HI. 64. the Fifth, I. xxiv, liv-lvi, lxii-lxiv, 92, 94, 97-100, 102, 106-110, 129; II. 1, 2; III. 64, 67-70, 72-84, 121, 267, 273, 277, 278, 281, 365-367, 369, 372, 449. tbe Sixth, I. xxxii, xxxviii, Ixxiii, lxxv, lxxvi, 99, 139, 141, 144, 145, 149, 155, 159, 161, 163-165, 167, 169, 171-174, 180- 182, 185-188, 191, 192, 195, 198, 204, 205, 214, 215, 226 ; II. 3-6, 11-13, 39, 41; III. 132, 136-141, 144, 350, 152-157, 161, 165, 169, 170, 176, 177, 181-184, 187, 189, 193, 198-201, 213-216, 220-226, 291, £93, 298-300, 314, 334-336, 385, 390, 391, 393-397, 399-402, 407-411, 422, 423, 426, 429, 430, 434, 435, 437, 441, 476. • Queen Anna, bis wife, I. 192. Princess Elizabeth, their daughter, I. 185. Frederick, Elector Palatine of the Rhine, her husband, I. 185. tbe Seventh, I. Ixxviii, 300, 305, 309, 310, 317, 342; II. 24-27 ; III. 249, 357, 358. James the Eighth, or the Chevalier St. George, I. 332, 349, 362, 398, 399 ; II. 96, 97, 105, 111, 144, 146, 148, 151, 155, 158, 161, 173, 191, 199, 241, 244, 247, 284, 285, 288-290, 327, 354-356. Mary Clementina Sobieski, bis wife, II. 417. Jameson (Jamessone), Duncan, III. 71. John, III. 71, 81. John Grant, III. 72. William, III. 316. Jeak, Serjeant, III. 333. Jedburgh, Henry, Abbot of, III. 263. Jefferys, admiralty bailie of Leith, II. 32. Jenkins, II. 433, 446. Johnson (Johannis), Andrew, III. 22. Donald, III. 27. — . — James, III. 81. Malcolm, III. 38. Michael, III. 21. Johnstone (Johnston, Johnstoun, Jobnnestoune, Jonistoun), Sir Archibald, of Warriston, I. 264; II. 83. James, first Lord, I. 244. John, III. 179. Robert of, III. 8. Thomas, III. 322, 331, 333. Secretary, II. 123. Julius tbe Second, Pope, III. 47. Kay, John, miniature painter, I. 451, 454, 455,475. ¦ Thomas, III. 68. Clan (1396), I. 57. Kea, merchant in Edinburgh, III. 349. Keating, Mr., an Irish gentleman, II. 469. Keir, Alexander, bailie of Spynie, III. 65. Allan. See Mackintosh. Laird of. See Stirling. Laurence, III. 329. Keith, Bishop, I. 136. Robert, Lord of, I. 62. Sir Robert, Vienna, II. 463. Sir William of,Mariscbal of Scotland, III. 12. William, III. 36. Harris and, bankers at Ostend, II. 547, 549. Kellie, Alexander, Earl of, III. 245. Kelloh, WiUiam, seaman, II. 285. Kelso (Calco), Alan, abbot of, HI. 259. Kemp, Henry, of Thomastouu, III. 80. Kendall, Lieutenant, agent for the New Bruns wick Land Company, I. 477. 540 INDEX OF PERSONS. Kennedy, Colonel, II. 373, 381. Janet, daughter of Earl of Cassillis, I. liv. James, writer in Edinburgh, IIL 230, 235. Mr., II. 29. Mr. J., II. 76. Ker (Kar, Kerr), Brigadier, brother of John, Duke of Roxburgh, II. 377. Charles, director of Chancery, III. 482. Henry, III. 105. Janet, wife of Farquhar McConqnhy of Dun- maglas, III. 104, 105. John, III. 62. Mr., Professor of Humanity, Edinburgh, II. 380. Lieutenant-Colonel Robin, II. 81. Thomas, burgess of Elgin, III. 140. Keransone, Andrew, alias Lavebane, III. 61, 62. John, bis son, III. 61, 62. Kerdale, Sir James of, I. 27. William of, I. 27. Kere, Alexander, of Rothiemurchus. See Mac kintosh. Kilcouy, II. 390. Killibuntly. See Macpherson. Kilmacblie, Baron of, III. 442. Kilmarnock, Lord, II. 227, 229, 232, 236. Kilravock, Laird, or Baron of. See Rose. Kimmerghame, Lord, II. 295. Kincaid, Alexander, notary, III. 434, 435. Kincairne (Kempcairne), Laird of. See Ogilvie. Kincardine (Kyncardyne), Baron of. See Stewart. rector of, III. 111. Kincragy, Thomas, III. 118. King, Alexander, advocate, III. 179, 191. Alexander, merchant in Bellintome, III. 356, 357. Mr., secretary of Henry Dundas, II. 559. Kingborn (Kingorne), John, second Earl of, I. 244 ; II. 65. Kingussie (Kyngusy), prior of, III. 271. Kinloch, Captain Francis, II. 195. Sir James, II. 215. John, burgess of Dundee, III. 288. Robert, burgess of Dundee, III. 288. WUliam, burgess of Dundee, III. 288. Kinloss (Kynlos), Abbot of, III. 85. Adam, Abbot of, III. 14. Dionysius, friar of, III. 115. Robert Reid, Abbot of, I. 121 ; III. 90. See also Orkney. Symon, Abbot of, III. 9. Kinloss, Walter Reid, Abbot of, I. 127, 140 ; III. 114, 152, 153, 284,447. Edward Bruce, second Lord, III. 414. Kinnaird (Kynarde, Kynnard), Alexander, ap parent of Culbin, HI. 221. Andrew, of Skelbo, III. 46. David, of Kyninmond, III. 46. Patrick, III. 280, 367, 372. Thomas, of Culbin, III. 45^ 46. Thomas, III. 46. Walter, III. 46. William of, burgess of St. Andrews, III. 17. Kinninway, Laird of (LesHe), II. 157. Kinnoull, Thomas, sixth Earl of, I. 397. Thomas, eighth Earl of, II. 130, 270-272, 455, 555. Kinsterie, Laird of (Sutherland), II. 120, 263. Kintail, Colin, second Lord Mackenzie of, I. 184, 185, 213; II. 42, 47, 48 ; III. 334, 335, 427, 428, 433. Kenneth, first Lord Mackenzie of, I. 177- 179, 222, 238 ; III. 201, 202, 297, 298, 405, 406, 427. Kintore, John, first Earl of, I. 302 ; III. 357. Anthony Adrian, Earl of, I. 464. Kirk, George, III. 280. Kirkcaldy, Sir James, of Grange, HI. 111. Knockando (Knocbandy, Knockandow), Laird of. See Grants of Kinchirdie, etc. WUliam Hay, brother of tbe Laird of, III. 348. Knox, Mr., II. 490. Kylacby, Laird of. See Mackintosh. Kyliemore. See Grants of Arndilly. Lacy, General, II. 462. Lamb (Lame), Fercbard, III. 33. John, of Tullacbcaroun, III. 44. Lambride, Bartholomew, vicar of, III. 24. Lammeson, Alexander, III. 70. John, III. 70. Lammie, Tbom, III. 70, his wife, III. 70. Ago, Donald, and John, her sons, III. 70. Anne, her daughter, III. 70. Marjory, III. 70. Lamount, William, III. 343, 462. Lanark, WUliam, Earl of, II. 84. Lancaster, John of Gaunt, Duke of, I. 49, 50. Lascelles, Alan, I. 18, 20, 21. INDEX OF PERSONS. 541 LasceUes, Colonel, II. 195. Lauchlanesone, WiUiam, of Dunnauchtane. See Mackintosh. Lauchy, Lieutenant-Colonel, II. 195. Lauder, John, III. 276. Sir Thomas Dick, I. lx. WiUiam, III. 202, 298. Lauderdale, John, Duke of, I. 300. Lady Elizabeth Murray, Duchess of, bis wife, I. 370 ; III. 486. Lady, II. 275. Laudon, General, II. 462. Lauerok, David, friar of Kinloss, III. 115. Laurence, Alexander, son of, III. 12. Lavebane. See Keransone. Law, James, III. 185. James, Snawdoun Herald, III. 406. Lawers, Laird of. See Campbell. Lawrioch, John Glass McLauchlan Roy, alias, III. 138. Lawson (Lausone, Lowson), James, burgess of Edinburgh, III. 75. James, of Easter Cur, III. 345. — — John, in Clasdounane, III. 239. John, HI. 351. Mr. Patrick, III. 337. Mr., Bellimore, II. 530. Robert, II. 61, 62 ; III. 239, 350. Meikle or Big, II. 530. Lawtie, Mr., II. 256. Layng (Laynge), John, Canon of Moray, III. 31. Thomas, II. 49. ¦ William, burgess of Elgin, III. 233. Learmontb (Lermonth), James, of Balcomie, or Dairsie, Master of tbe Household to King James tbe Fifth, I. lxiii, 109 ; HI. 277, 278. Lee, John of, III. 20. Thomas of, III. 20. Leg, Thomas, messenger, III. 1S5. Leith, Patrick, advocate, II. 101. Leitbball, II. 436. Lennox, Ludovick, second Duke of, III. 216. Matthew Stewart, second Earl of, III. 51, 53, 56. Matthew Stewart, fourth Earl of, I. 125 ; III. 106. Lentron, II. 328, 330. Leslie (Lesly, Leslye), Alexander, of EdinviUie, III. 132, 386. Leslie, Alexander, parson of Kincardine in Ross, TIL 393. Alexander, in Kirtynnoir, III. 239. Alexander, of Kynnynnowe, III. 82. • ¦ Alexander, younger of Wardores, III. 370. Mr. Alexander, III. 384. Alexander, servitor to George, Earl of Huntly, III. 177. Andrew, fiar of the earldom of Rothes. See Rothes, Earl of. Andrew, rector of Fetterneir, III. 132. Barald, prebendary of Elgin, HI. 365. General David, I. 262, 265 ; II. 18, 19. Dr., I. 286. Elspet, relict of James Grant M'Keanriacb, III. 349. — — Field-Marshal and Lieutenant-General, I. 241, 263. Gavin, canon of Moray, III. 85, prebendary of Kingusy, 367, 372. George, of Akinway, III. 159. George, of Dunberacb, III. 44. George, in Elcbies, III. 233. George, Captain of Rothes, III. 50, 365. Mr. George, III. 384. Sir James, I. 316, 317. James, burgess of Aberdeen, III. 131, 132. James, notary, III. 231, 232. Lady Jane, Lady of Nauchtan, second wife of John Grant, fourth of Freucbie. See Grant. John, of Boqnbane, III. 98. John, son of William Leslie of Balquhain, I. 153 ; III. 131, 132, 180, 381, 382, 391-393. Elizabeth, or Isobel Grant, bis wife, I. 153 ; III. 131, 132, 381, 382, 391-393. John, their son, III. 393. John, Commissary of Aberdeen, I. 132 ; III. 119. John, of Kinnonowie, I. 179 ; III. 204, 205. John, of tbe Law, III. 392. Bessie Forbes, bis wife, III. 392. ¦ John, of the Newtoun, III. 140. John, of Parkhill (Perkhyll), III. 126, 132. 289, 290. John, rector of the cburcb of Rothes, III. 480, 482. John, of Wardris, III. 41, 364. J., at Aberdeen, I. 240. Laird of, II. 86. Lieutenant-General (1793), I. 454. 542 INDEX OF PERSONS. Leslie, Norman, ambassador to France, I. 41, 42 ; II. 549. : Norman, master of Rothes, III. 105, 368. ¦ Patrick, of Balquhane, I. 68 ; III. 260. ¦ Muriel Grant, his wife, I. 6S. ¦ Robert, of Artherseir, III. 135, 141, 150. Robert, of Ardcammie, III. 415, 416. Marjorie Anderson, bis wife, III. 416. WiUiam, his son, III. 415-417. Robert, in Edinburgh, I. 108; III. 278. Robert, of Dwghlie, III. 159. Robert, younger of Douglie, III. 288. Thomas, Canon of Moray, rector of Kingusy, III. 45, 50, 365. Walter, of Kininvie, I. 132 ; III. 120. Walter, in Tullich, III. 239. • William, burgess of Elgin, III. 233. William, of Akinwaye, III. 1 1 2, 386, 387. William, of Balquhane, III. 71. William, of Balquhane, I. 132; III. 119, 131, 132, 138, 381, 382, 386. family of Balquhain, I. lvii. Lesmurdie, Laird of (Stewart), II. 157. Lessal, George, III. 30. Lessellis, David, of Innerdiffefc, III. 289. Lethen, Laird of. See Brodie. Lettoch. See Grant, Ludovick. Leven, Alexander, fifth Earl of, II. 151. David, third Earl of, I. 333-336 ; II. 28, 29. Earl of, II. 126. Liddle, Sir Harry, II. 260. Ligonier, General, II. 166, 169, 195. Lile, Robert, first Lord, III. 28. Robert, second Lord, III. 42. Lincoln, Hon. Frederick Cornwallis, bishop of, II. 437. dean of, II. 437. Lindde, Robert, II. 60. Lindores, John, abbot of, III. 381, 392. Liudsay (Lindesay, Lyndsay, Lynsay), Alexander, Master of Crawford, III. 261. Andrew, III. 368. Archibald, at Kingusye, III. 3S5, David, II. 39; III. 368. Sir David, I. 1 3. Gresal, III. 70. James of, I. 50. Sir James, I. 10. James, provost of Lincluden, III. 28. John Lord, of Byres, III. 259. John, sixth Lord Lindsay of Byres, III. 368. Lindsay, John, parson of Menmuir, III. 176. Walter of, III. 2. Sir William, I. 50. Linlithgow, George, third Earl of, II. 84 ; III. 245. Lister, , a Yorkshire gentleman, II. 469. Litster (Tinctor), John, burgess of Inverness, III. 12. Little (Littill), Clement, III. US. Livingstone, Sir Thomas, I. Ixxviii, 313, 315, 318, 319. WUHam, sixth Lord, I. 137. Lochgerry, Lieutenant-Colonel, II. 152. Lochiel. See Cameron. Lochleven, Laird of. See William Douglas of. Lochslyne, Laird of. See Mackenzie. Lockhart, Sir James, of Lee, III. 245. Mr., II. 444. — Sir Richard, of Lee, I. 329. Jean Houstoun, his wife, I. 329. Logaue, Alexander, notary, III. 224, 225, 317. Logy, David, notary, III. 30. Martin, notary, III. 119, 129, 134, 148, 165, 176, 283. Long, Dr., II. 437. Longchamps, family of, II. 459. Lorimer, William, tutor of Sir James Grant, I. lxxx, xc, xciv-xcvi, xcviii, 442, 443 ; II. 272, 438, 445, 446. Lornac, Hugh, III. 6. Lome, Archibald, Lord, II. 60, 62. Sec also Argyll, Marquis of. Lorraine, Duke of, II. 57. Lothian, Lord, II. 278. WUHam, third Earl of, I. 264 ; II. 83. William, second Marquis of, I. 335. Loudoun, Hugh, third Earl of, II. 422. John, Earl of, chancellor of Scotland, I. 264 ; II. 83, 84. John, fourth Earl of, I. 389, 410-415, 417- 430, 436; II. 164, 170, 171, 175-203, 205, 208-213, 216-218, 222-225, 227, 229, 230, 233, 234, 236-238, 240, 241, 250, 257, 260-263. Louis Quatorze, King of France, I. 340, 341, 343- 345; II. 291, 348. Lovat, Alexander, fifth Lord, I. 116, 131; III. 380. Hugh Fraser, first of, I. 12, 31 ; III. 375. Hugh Fraser, second of, I. xxv, 12, 33 ; HI. 375. INDEX OF PERSONS. 543 Lovat, Alexander Fraser, bis brother, I. xxv. Hugh, fourth Lord, I. xxiv, xxv, 90, 95, 101, 110, 111; III. 58, 65. Anne Grant, bis first wife, I. 90, 95. Hugh, Master of, their son, I. 90, 95, 111. Dame Janet Ross, his second wife, I. xxv ; III. 380. Hugh, sixth Lord, I. 144, 145 ; II. 385 ; III. 12S, 151, 152. Hugh, son of Hugh, eighth Lord, Master of, I. 247. Hugh, eleventh Lord, I. 348 ; II. 388. Lady Amelia Murray, his wife, I. 351. Honourable Amelia Fraser, his daughter, I. 348. Thomas Fraser, third of, 1. 33. Thomas, third Lord, I. xxv, 84, 90, 91, 101 ; III. 58, 65, 375. Janet Gray, his wife, I. xxv. Simon, seventh Lord, I. 166, 172, 179, 185 ; II. 48; III. 176, 178, 181, 195, 196, 298, 433. Simon, twelfth Lord, I. xx, xxi, xxvii, ei, 330, 334, 348-355, 357, 358, 363, 364, 376- 381, 383-385, 394-398, 404, 405, 413, 439, 440; II. 95, 110, 112-115, 124, 125, 145, 156, 157, 159, 167-169, 173, 174, 176, 179, 181, 189, 190, 192, 194, 195, 198 ; Corre spondence, 282-412, 424; III. 253. Margaret Grant, bis first wife, I. xx, xxvii, 330, 351-355, 395 ; II. 290, 291, 294, 296- 298, 313, 340, 393, 397. Primrose Campbell, bis second wife, II. 321, 322, 324, 326, 329, 332-335, 337-339, 343, 344, 347, 348, 359, 366, 367, 371, 372, 393-395, 406, 407. Simon, Master of Lovat, bis son (General Simon Fraser), I. xxvii, 411, 413, 437, 474 ; II. 174, 181, 188, 202, 233, 268, 269, 294, 299, 338, 345, 356, 357, 365, 369, 379, 380, 382-386, 395, 403, 405, 410-412, 453-455, 474, 475, 488, 505, 507. his wife, II. 454, 474. Alexander Fraser, bis second son, II. 299, 365, 369, 372, 378, 386, 395, 406. Archibald Fraser of, his third son, I. xxvi, xxvii ; II. 343, 344, 347, 478-480, 507. Janet, bis daughter, II. 311, 312, 372. 385. Tutor of. See Fraser, Thomas, of Strichen. family of, I. xxv, xxvi ; II. 316, 342, 384. Lowther, Sir James, II. 534. Mr., his brother, II. 534. Lude, Lady (Robertson), II. 228. Marjory, Lady of half the barony of Freuchie, I. xxxv, xxxvii, xxxix, lxxvi, 61, 64, 152, 160. Patrick Grant (Reoch), her son. See Grant. Luffe, Alexander, III. 267. Lumlair (Limlair), Laird of. See Monro. Lumsden (LumisdaiU), Mr., minister, II. 246. Colonel Robert, I. 257 ; II. 72, 73. Thomas, III. 62. of Cusbnie, family of, I. lvii. Lunardi, tbe aeronaut, II. 487. Lundoniis, John de, III. 1. Lundy, Sir Robert, of Balgony, III. 44. Luss, Laird of. See Colquhoun. Lychtoun, Henry, III. 3. Lyell, William, friar of Kinloss, III. 115. Lyon, Sir Thomas, of Auld Bar, III. 176, 1S4. Dame Jean, Countess of Angus, wife of Alexander, first Lord Spynie, III. 429. McAblu, David, III. 68. M°Age (McAgie), Donald M»William, III. 269. Dougal, III. 269. Dowgal, beg McCondill, III. 269. John, III. 269. John McAne, III. 269. John Dow, brewster in DucheU, III. 315. Patrick, III. 269. M°Ago dow, John, I. 146. M°Agow, William, III. 271. M°Alexander, Hector, III. 142. John, or Ewin Bane McAne Mc Alexander, in Bar, III. 167. Rorie, of Borodill, III. 142. dwe, John, in Blairnetbrath, III. 167. Alexander dwe, and John M°Ane Mc Alex ander, bis sons, III. 167. moir, or McAHster moir, Donald, III. 62, 63. M"Alister (McAllaster, M°Allester, WAllester), Alexander, III. 68. Alexander McWilliam, III. 270. Donald, III. 372, 373. Ferquhair, in Inrei, III. 315. John McAne, of Corvannan, III. 29S. John, in Daill, III. 315. John, III. 269, 270. Dow, John, III. 103. 544 INDEX OF PERSONS. M