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TH E

ANNANDALE.

FAMILY BOOK

OF THE

JOHNSTONES, EARLS AND MARQUISES OFANNAMDALE

SIR WILLIAM FRASERK.C.B., L LD.

IN TWO VOLUMES.

VOLI. MEMOIRS AND CHARTERS

EDINBURGH, I894.:_fe:_;>^

S

Contents of ftolume fijsgt

PAGE

TITLE-PAGE.

TABLE OF CONTENTS, \M

introduction, titi^rrrtJiii

MEMOIRS OF THE JOHNSTONES OF JOHNSTONE, EARLS AND MARQUISES OF ANNANDALE, from the twelfth century. These include Eighteen Detailed Genera- tions from John, the first known ancestor of the Johnstone family, father of Sir Gilbert Johnstone, knight, circa n 70-1 194, down to and including William, first Marquis of Annandale, who died 14th January 1721, ..... i-cccxxii

TABULAR GENEALOGY OF THE JOHNSTONES OF JOHNSTONE, EARLS AND MARQUISES OF ANNAN-

DALE from 1 1 70 to 1894,

CCCXXllI-CCCXXVlll

CASTLES AND MANSIONS of the Johnstones of Johnstone and Annandale

1. Lochmaben Castle, 1775, . . . . cccxxix

2. Johnstone or Lochwood Tower, . . . cccxxxii

3. Moffat House, ...... cccxxxiv

4. Raehills House, . . . . cccxxxvi

II CONTENTS.

PAGE

MANSIONS formerly belonging to the Johnstones

i. Newbie Tower, ...... cccxl

2. Stapleton Tower, ...... cccxl

3. Corrie or Lun, ...... cccxli

4. Wamphray Place, ...... cccxli

CHARTERS OF THE JOHNSTONES OF JOHNSTONE, EARLS

AND MARQUISES OF ANNANDALE, . . . 1-101

Abstract of the Charters, ....... 102-108

APPENDIX OF CHARTERS, 1 124-1323, .... 129-133

Abstract of Appendix of Charters, . . . . .128

ILLUSTRATIONS IN VOLUME FIRST

CHARTERS LITHOGRAPHED

1. King David the First to Robert de Bruce of Estrahanent, c. 1 1 24, facing X

2. King David the First to Robert de Bruce of Estrahanent, in

Forest, c. 1125-1129, . . . . XI

3. Robert Bruce to Ivo and his heirs, of a place for the purpose of

fishing and spreading nets, c. 1190, . . . ,, til

4. William Bruce, granting to Ivo of Kirkpatrick land in the fee of

Penresax, called Thorbrec and Willambi and the town of

Blacwde, 1194-1214, .....,, Ill

5. William Bruce to Adam of Carlyle, son of Robert, of the land of

Kynemund, 1194-1214, . . . . . ,, Illl

CONTENTS. HI

PAGE

6. Robert Bruce to Roger Crispin, of the land of Cnoculeran, with

two armorial seals on back, c. 121 8, . . . facing Tit)

7. Robert Bruce to Robert Crossebi, of commonty in the Wood of

Stableton, 1245, ...... Xll)

8. Robert Bruce, Earl of Carrick, and Lord of Annandale, to

Alexander of Keith, of the lands of Langforgrund,

c. 1 300, ..... between XlO and X'O

9. King Robert the Bruce to James, Lord of Douglas, Knight, of

Polbutthy, in the Valley of Moffat, 15th December

1318, . . . . between JCtll and JCtlll

10. Robert the Bruce, confirming a charter by Edward Bruce, King of Ireland, his brother, to John of Carleton, of the lands of Dalmakerran, etc., for yearly payment of three sufficient spears, etc. The charter must have been granted between 13 1 6 and 13 18. The confirmation is dated at Scone, 26th July 1323, ..... between XX and XXX

PORTRAITS.

1. James, first Earl of Annandale and Hartfell, Viscount of Annan,

Lord Johnstone of Lochwood, Lochmaben, Moffatdale,

and Evandale, ..... Frontispiece

2. Sophia Fairholm, first Marchioness of Annandale, . . facing cccxxii

3. James, second Marquis of Annandale, . . cccxxiii

4. George, third Marquis of Annandale, . , cccxxiv

5. John, second Earl of Hopetoun, . . . cccxxviii

6. James, third Earl of Hopetoun, . . between cccxxviii and cccxxix

7. Lady Elizabeth Carnegie, his countess, . . Do.

8. Lady Ann Hope Johnstone, their eldest daughter, Do.

9. Admiral Sir William Johnstone Hope, G.C.B., her husband, Do.

to

CONTENTS.

10. John James Hope Johnstone, Esq., of Annandale,

their eldest son, . . . between cccxxviii and cccxxix

ii. Alicia Ann Gordon, his wife, . . . Do.

12. William James Hope Johnstone, younger of Annan-

dale, their eldest son, . . . Do.

13. The Hon. Octavia Macdonald, his wife, and their

eldest son, ..... Do.

14. John James Hope Johnstone, Esq. of Annandale, in

1894, .... Introduction, facing XXXXbll

15. The Hon. Mary Hope Johnstone, Mrs. Percy, . . facing cccxxix

CASTLES AND MANSIONS.

1. Lochmaben Castle, 1775,

2. Johnstone or Lochwood Tower.

3. Two of the Great Oaks,

4. Moffat House,

5. Raehills House,

facing cccxxx

cccxxxii

, , cccxxxiii

,, cccxxxiv

cccxxxvi

MISCELLANEOUS.

Inscription on tombstone of Sir James Johnstone, killed by Lord Maxwell, 1608, .....

The Grey Mare's Tail, ......

Armorial bearings of "The Lord of Annanderdale of Auld," and "Johnstone of that Ilk," from Sir David Lindsay's Book of Heraldry, .

clxvi cxc

99

CONTENTS.

t)

WOODCUT SEALS AND SIGNATURES.

Woodcut Signatures

Dame Margaret Scott, Lady Johnstone, 23rd June 1598

Sir James Johnstone of Johnstone, knight, 1593,

Sara Maxwell, Lady Johnstone, 1608,

James Johnstone of Johnstone, 1631,

James, first Earl of Hartfell, 1643,

Elizabeth Johnstoneof Elphinstone, second Countessof Hartfell, 1643,

Lady Margaret Hamilton, Dowager of David, Lord Carnegie, 1648,

James, Master of Johnstone, afterwards first Earl of Annandale and

second Earl of Hartfell, 1643, James, second Earl of Hartfell, 1657, James, first Earl of Annandale, 1666, Henrietta Douglas, his countess, 1662, King William the Third, 1689, The King's initials, 1689,

William, Earl, afterwards first Marquis of Annandale, 1698,. Sophia Fairholme, Countess, afterwards Marchioness of Annandale.

1685,

Charlotta, second Marchioness of Annandale, 1757, .

David Hume the historian, 1745,

John Johnstone of Johnstone, 1542-3, .

Sir John Johnstone of Johnstone, 2nd July 1573,

,, ,, 9th December 1577,

2nd December 1578,

PAGE

civ clxvi clxvi ccxi ccxi ccxi ccxi

ccxlviii ccxlviii ccxlviii ccxlviii cclxxxv cclxxxv

cccxxn

cccxxii

cccxxxvi

23 34 35 36

tU CONTENTS.

James Johnstone of that Ilk, c. March 1590,

John Maxwell, Earl of Morton, 13th March 1592-3,

Sir James Johnstone of Dunskellie, knight, 13th March 1592-3,

Robert, Lord Crichton, of "Sanchar," 18th November 1599,

King James the Seventh, 18th October 1688,

PAGE

Elizabeth Johnstone, Lady Applegarth, younger, 24th December 1587, 52

55 59 59 68

96

Woodcut Seals

Princess Margaret Stewart, Duchess of Touraine, Countess of Douglas,

Lady of Galloway and Annandale, .... XIX

Archibald, first Duke of Touraine, Earl of Douglas, Lord of Gal- loway and Annandale, ...... XIX

Archibald, second Duke of Touraine, Earl of Douglas, etc., Lord of

Lauder and Annandale, ..... XIX

James Johnstone of Johnstone, 1 63 1, .... ccxi

James, first Earl of Annandale, 1666, .... ccxlviii

William, first Marquis of Annandale, .... cccxxii

TO THE FIRST VOLUME.

THE DETAILED MEMOIRS, 1170-1721.1

The present History of the Johnstones of Johnstone and Earls and Marquises of Annandale consists of two volumes. The first volume contains detailed Memoirs of the Johnstones of Johnstone from John their first known ancestor, in the twelfth century, to his lineal male descendant, William, the first Marquis of Annandale, who died in the year 1721. These detailed Memoirs embrace a period of five centuries and a half, and eighteen genera- tions of the Johnstone family.

In the earlier generations these detailed Memoirs are necessarily very brief owing to the scantiness of materials for minute historical and bio- graphical notices of individuals who flourished from the twelfth to the fourteenth centuries. In the succeeding generations the charters and other muniments become more abundant. But towards the end of the sixteenth century the unfortunate feuds which then raged between the rival houses of Maxwell and Johnstone led to the wilful destruction by fire of all the charter muniments of the Johnstones then preserved in their ancient Tower of Loch- wood. Such a loss could never be replaced, and the proofs of the existence of the earliest known Johnstones are only to be traced in the contemporary charters granted by the Bruces of Annandale to which the Johnstones were frequent witnesses.

1 Vol. i. pp. i-cccxxii. 2

t)itt INTRODUCTION.

Besides the origin and descent of the Johnstones of Johnstone which are dealt with in the detailed Memoirs, many questions which have become historical required to be specially noticed. The great Border battle of Dryfesands between Lord Maxwell and Sir James Johnstone of John- stone and their respective clan followers, in the year 1592, resulted in the death of Lord Maxwell in the prime of life. The subsequent assassination of Sir James Johnstone in 1608 by the next and ninth Lord Maxwell, and the execution of Lord Maxwell, required to be as carefully investigated from the Johnstone point of view as they had been previously stated in the history of the Maxwell family in the Book of Carlaverock.1

In the detailed Memoir of Sir John Johnstone of Johnstone who obtained the erection of the barony of Johnstone in the year 1542, it is shown how anxious he was for the intermarriage of his family with that of the Max- wells. This was a common practice in prominent Border Houses of healing fieir feuds. Even the poetic prediction of Sir Walter Scott that the war between the Kers and the Scotts would " never, never be forgot," has been happily falsified by the marriage alliances of the Scotts and the Kers, who are now the best of friends on the Borders.

A happy intermarriage between Sara Maxwell, daughter of Sir John Maxwell of Terregles, Lord Herries, and his wife Agnes Herries, heiress of Herries, and Sir James Johnstone of Johnstone, in the year 1588, led to favourable results for both families. Her son James, who became the first Lord Johnstone, was created Earl of Hartfell in 1643. The grandson of Sara Maxwell, also named James, became first Earl of Annandale of the family of Johnstone. He had a romantic career, in his early marriage with a daughter of the house of Douglas, and in his resignation of all his landed estates and peerages in the time of the commonwealth, for the express purpose of enabling his daughters, failing sons, to succeed to all his peerages and landed estates. The earl's original peerages of Hartfell were regranted 1 Book of Carlaverock, vol. i. pp. 300-321.

THE MASSACRE OF GLENCOE, 1G92. ft

to hiin by King Charles the Second after the Restoration along with three new peerages of Earl of Annandale, Viscount Annan, and Lord Lochmaben. These grants have formed the subject of litigation in the House of Lords for nearly a century, and are still in dependence there. In the detailed memoir of this earl, the formal instruments which he executed in favour of his daughters to entitle them to inherit his peerages and landed estates are stated in more minute detail than they have ever been previously. In the second volume of this work a particular narrative is given of these protracted litigations and the difficulties and variations of opinion which an eminent Lord Chancellor entertained regarding the right to these peerages of the late Mr. Hope Johnstone of Annandale.

THE MASSACEE OF GLENCOE AND THE DARIEN DISASTER.

The first Marquis of Annandale, who was the elder son of the first Earl of Annandale just mentioned, forms the subject of the last of the detailed memoirs in this volume. His lordship held many important offices of state, under five successive sovereigns. His connection, as president of the Scottish parliament in the year 1695, with the inquiry concerning the massacre of Glencoe, led to his direct official concern in that unfortunate tragedy. This could not be overlooked in a full statement of his detailed memoir, more especially as several facts connected with the instructions which were issued by King William the Third have been misrepresented to the prejudice of the king.

Another public subject had to be noticed in the memoir of the marquis. This was the unfortunate scheme of Darien, to which the marquis was a subscriber, along with so many of bis countrymen, and which, like Glencoe, had disastrous effect for the time upon the government of King William. Both the subjects of Glencoe and Darien have been dealt with at great length by Lord Macaulay in his History of England, and also by Mr. Burton in his

X INTRODUCTION

History of Scotland, as well as separately in the "Darien Papers " which he printed for the Bannatyne Club. William Paterson was the founder of the Bank of England and of the less successful Darien scheme. He was a native of Annandale, and courted the patronage of the marquis. Several of his letters to his lordship are printed in the second volume of this work for the first time. One of the vessels of the Darien Company was named " Annan- dale," and its unfortunate career is noticed in the memoir of the marquis.

The Tabular Genealogy, which is printed immediately after the memoir of the marquis,1 affords all needful information of the successors in the peer- ages and estates of Annandale from the second and third marquises down to the present time. After the detailed Memoirs, and the Tabular Genealogy and notices of the Castles and Mansions of the Johnstones,2 which are briefly described, there follow in this volume

THE CHARTERS OF THE JOHNSTONES.

The Charters and Muniments of the Johnstones of Johnstone and Annandale necessarily form a large portion of the present volume, which is chiefly occupied with the muniments and the detailed memoirs of the family. To the charters are appended abstracts or translations of them.3 These afford full information of their contents.

THE ROYAL CHARTERS TO THE BRUCES.

Several of these charters are so very interesting for Annandale history that special notices of them may here appropriately be made. The two foundation charters by the good King David the First to Robert the Bruce, and the further confirmation charter by King William the Lion, have been lithographed and printed, and translated in the first part of the National Manuscripts of Scotland. As all three charters are so closely connected

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CHARTER OF ANNANDALE TO ROBERT BRUCE, 1124. %l

with Annandale, they are re-printed in an Appendix of Charters to this volume, and facsimiles of the two charters of King David are here introduced.

During the frequent residence in England of King David the First before his succession as King of Scotland, he had formed an intimate personal friendship with Eobert the Bruce, the acquirer of Annandale. David pro- bably supposed that the experience of Bruce in governing his own English lordships would conduce to the good rule and civilisation of the extensive Border lordship of Annandale, which formed the middle or third division of the county of Dumfries. The other two divisions of that county are Mthsdale on the west, and Eskdale on the east. But whatever were the real motives, whether of private friendship or public policy, of King David in making such a munificent grant, Bruce soon entered into possession of the district of Annandale, and governed it successfully from 1124 till the year 1138, when the Battle of the Standard, which was fought on 2 2d August that year on Cutton Moor, near Northallerton, changed the relations between King David and his favourite grantee of Annandale. The latter almost passionately endeavoured to dissuade the king against his ill-advised war with England. Bruce's address to his sovereign on that occasion was more in the style and language of an independent sovereign than a subject of Scotland as lord of Annandale. But his advice and his entreaties were disregarded, and the war proved disastrous to the Scots. Bruce did not long survive that battle, having died in. May 1141, after governing Annandale for seventeen years.

His second son, also named Eobert, succeeded to Annandale, and was the second Bobert Bruce of Annandale from 1141 to 1190. He made charter- grants of the lands and fishings in Annandale to his friends and followers, as appears from the charters still preserved.

King William the Lion confirmed to this second Bobert Bruce of Annandale all the land which his father and himself held in the dale of Annan by the same marches by which his father held it, and he after his father, to himself and his heirs in fee and heritage, as freely as ever his

Xti INTRODUCTION.

father or he himself held that land of King David, the grandfather of King William, or of King Malcolm his brother. That confirmation charter excepted the rights of the king's royalty, which are enumerated as causes of treasure trove, murder, assault aforethought, rape, arson, robbery, which are reserved to the king. King William also granted to Bruce that these causes should be brought into court by one of the men of his fief to be chosen by the king, and pleaded before his justices. The grantee is to take the like customs as are exacted at Roxburgh, except the assize of his barony. That charter bears no date, but it must have been granted between 1165, when King William succeeded his brother King Malcolm, and 1191, when Kobert Bruce the son of the grantee is proved to have been dead. The confirmation of King William now recited bears to have been granted at " Locmaban." 1

CHARTERS BY THE BRUCES OF ANNANDALE. William de Bruce, the fourth of Annandale.

The Christian name of Robert prevailed so much in the Bruce family as to be almost hereditary in the eight generations which existed between the father of the Robert Bruce, first of Annandale, and his descendant Robert Bruce of Annandale and King of Scotland. The fourth Lord of Annandale appears to have been on the same terms of intimacy with King William as had subsisted between King David and the first Bruce of Annandale. William Bruce granted several charters of lands in Annandale, which are printed in this work.

The fifth Bruce of Annandale was Robert, who succeeded his father William Bruce. Robert married the Princess Isabel, second daughter of David, Earl of Huntingdon, younger brother of King William the Lion.

1 National mss. of Scotland, Part I. 1868, No. xxxix.

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CHARTERS BY THE BRUCES OF ANN AND ALE. XUl

This royal marriage ultimately led to the descendant of the Braces becoming King of Scotland.

The sixth Bruce of Annandale was Eobert, who was the eldest son and successor of Ids father Eobert and the Princess Isabel his wife. In the year 1249-50 he was one of the Lords Justices of the common pleas of England. At first sight such a position indicates incompatibility with the ownership of Annandale. But the connections of the Braces with England were from the first fully more prominent than with Scotland. The Lord Justice was afterwards made Sheriff of Cumberland and Governor of Carlisle, and in the following year, 1255, he was made one of the Begents of Scotland. He sat in the parliament at Brigham on 18th July 1290 as Loud of Annandale. On the death of Margaret of Norway in the same year, Bruce entered his claim to the crown of Scotland as nearest heir to King Alexander the Third. But his claim was repelled by King Edward the First on 17th November 1292. This Eobert Bruce is best known in history as the Competitor. He resigned his right in favour of his son Eobert Brace, who had become Earl of Carrick, and died at his castle of Lochmaben in 1295, aged 85.

There are several charters of special interest granted by the Braces. The charter by Eobert de Bruce in favour of Ivo and his heirs appears as the foundation charter of the family of Kirkpatrick. The charter bears no date, but, from the names of the witnesses, it must have been granted about the year 1190 by the second Eobert Bruce of Annandale. It is very brief, as will be seen from an exact facsimile here introduced.1 The third charter is by William Bruce, either the son or the brother of Eobert Brace, the granter of the charter to Ivo. Like the first charter, this one bears no date ; but, from the names of the witnesses mentioned in it, it was probably granted between the years 1194 and 1214. But while in the first charter Ivo is designated simply by his Christian name, he is in the second charter designated " Ivo of Kirkpatrick." 2 This is an instance of a

1 Charter printed p. 1 of this volume. 2 Ibid. pp. 2, 3 of this volume.

XtO INTRODUCTION.

person in the twelfth century, having only a Christian and no surname, taking a surname in addition to his Christian name from lands acquired by him and transmitting the surname to his successors.1

Another of the Bruce charters is granted by Eobert Bruce to Eoger Crispin of the land of Cnoculeran. This charter is not dated, but was probably granted between the years 1215, when the granter succeeded to his father, William Bruce, and when Eobert himself died in 1245. The two seals of the granter are still appended to the charter, both bearing the well-known saltire of the Bruce, and the lion passant in chief. Drawings of both these seals are given on the back of the lithograph of the charter. The ink in which that charter is written is even yet, after the lapse of six centuries, as clear and glossy as when it was originally engrossed. This will be seen from the facsimile here introduced. The charter is printed in this volume.

Eobert Bruce, Earl of Caruick, father of King Eobert.

Eobert Bruce, the seventh Lord of Annandale, augmented his territorial possessions by a romantic marriage with Marjory,2 Countess of Carrick in her own right. The marriage took place in 1271. Obscurity hangs over that marriage as well as the inheritance of the dignity of Earl of Carrick. The countess appears to have been recognised as owner of the earldom. But no patent of the peerage is known to exist, and the terms of the limitations are not in any known record. After his marriage Bruce appears as Earl of

1 The Christian name of Ivo was continued uncle, and the heirs-male of his body, whom

in the Kirkpatrick family for many genera- failing to Stephen of Kirkpatrick, son of Yvo,

tions. In a charter by Robert, Duke of and the heirs-male of his body and other

Albany, governor of Scotland, to Sir Thomas heirs (Reg. Mag. Sig. , voL i. p. 240, No.

Kirkpatrick, knight, of the lands of Kyllos- 46).

burne and others in the shire of Dumfries, on 2 This lady is also referred to as Margaret

his own resignation, the lands were provided and Martha. But the evidence supports

to Sir Thomas and Roger of Kirkpatrick, his Marjory, and it may have been in remem-

brother, and the heirs-male of their bodies, brance of her that King Robert called his

whom failing to Yvo of Kirkpatrick, his eldest daughter Marjory.

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Carrick. But whether he was so styled in virtue of the courtesy in his wife's title, or under a new creation in his own right, does not appear. Of that marriage were born twelve children, five sons and seven daughters. The daughters and their marriages are stated by Mrs. dimming Bruce in her recent work, " The Braces and the Cumyns." A question has often been raised as to the birthplace of King Bobert the Bruce. Some writers contend for Lochmaben Castle. But as his father and mother lived at the castle of Turn- bery in Carrick, where the Countess's numerous family of sons and daughters appear to have been born, the probability is that the king was also born there.1

A charter was granted by the seventh Lord of Annandale, also under the title of Bobert Bruce, Earl of Carrick and Lord of Annandale, to Sir William of Carlyle, knight, of a piece of land for the increase of the land of Kynemund, which is minutely described.2

Another charter was granted by " Bobertus de Brays, comes de Carrik, et dominus Vallis Anandie," to Alexander de Kethe, of the granter's tenement in Langforgrund. The charter bears no date. The granter's seal is still appended and entire. The shield bears the Brace saltire and a chief. These were the armorial bearings of the Braces before the marriage with the Countess of Carrick. Bruce took the name and style of Earl of Carrick; but he continued to carry his own arms without any addition or impaling those of his wife. The legend reads " S. Boberti de Brvs." 3 This charter has been lithographed for this work and is here introduced. It is printed at length in the Appendix along with a translation. The handwriting is a very favourable specimen of a charter of the thirteenth century.

The eighth Bruce of Annandale was the most renowned and illustrious of them all, the hero of Bannockburn, Bobert the First, King of Scotland; and among the numerous charters granted by him to his successful comrade in

1 Mrs. Cumming Bruce unhesitatingly bears no date, but it must have been granted states that Robert Bruce was born at Turn- after 1271, the date of the marriage of the bery Castle on 1 1th .Tuly 1274, p. 125. granter and the Countess of Carrick.

2 Charter in this volume, p. 7. The charter 3 Original charter at Glamis Castle.

3

Ttii INTRODUCTION.

arms, James, Lord of Douglas, knight, was one of the whole land of Polbuthy [Polmoodie], within the vale of Moffat. The land was to be held by the grantee and his heirs of the Icing and his heirs for rendering twelve broad arrows yearly. The charter bears date at Abirbrothoc, 15th December 1318.

The original charter is still preserved in the Douglas charter-chest, and by the kind permission of the Earl of Home, Baron Douglas of Douglas, a lithograph of it is here introduced. The charter itself is also printed.1

Polbuthy forms part of the extensive Annandale estates, and contains the highest mountain range in the south of Scotland.

Randolph provided to Annandale by his uncle King Robert Bruce.

Sir Thomas Randolph was the nephew of King Robert Bruce, being the only son of Lady Isabel Bruce, eldest daughter of Robert Bruce, Earl of Carrick, and sister of the king. Randolph inherited the martial spirit of the Bruces. He rendered great assistance to Bruce at Bannockburn, and the king rewarded him with a grant of the Bruce lordship of Annandale, as well as of the lordship of Man and the great earldom of Moray. Randolph there- after bore the dignities of Earl of Moray and Lord of Annandale and Man. In all the charters granted by him he places Annandale before Man. His only daughter, Lady Agnes, married Patrick, ninth Earl of Dunbar and March. She is known as " Black Agnes of Dunbar," by reason, as Pitscottie says, she was " black-skinned." This woman, he adds, was of greater spirit than became a woman to be. She is also known as the heroine who success- fully defended the castle of Dunbar when it was besieged for many months by the English in 1337. An arrow from one of the Scottish archers killed an English officer who was beside the Earl of Salisbury, one of the besiegers, and killed him on the spot. Salisbury exclaimed, " There comes one of my lady's tire pins ; Agnes's love shafts go straight to the heart." 2

1 Page 8 of this volume. 2 Tytler, vol. i. p. 428.

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EARLS OF MARCH, LORDS OF ANNANDALE. Vull

George, tenth Earl of Dunbar and March, eldest son of Patrick, the ninth earl and Lady Agnes Eandolph, was much disappointed that after his youngest sister Lady Elizabeth Dunbar had been betrothed to David, Duke of Rothesay, in the year 1399, the marriage was frustrated by Archibald, third Earl of Douglas. He was powerful enough to have the marriage of Rothesay celebrated with Mary, otherwise sometimes styled Marjory Douglas, his daughter, in February 1400. The Earl of Dunbar and March complained to King Henry the Fourth by letter, dated, at his castle of Dunbar, 18th February 1400, of the wrong done to him, and renounced his allegiance to the King of Scotland. The Earl of Dunbar and March subsequently made hostile inroads into Scotland, and, after several years, negotiated with the regent, Duke of Albany, for liberty to return home. During the absence of the Earl of Dunbar and March, from 1400 till 1409, Archibald, fourth Earl of Douglas, obtained possession of the lordship of Dunbar and the estates of the earldom of March, as well as the lordship of Annandale. Being possessed of these territories, Douglas declined to agree to the restoration of March unless he obtained the castle of Lochmaben and the lordship of Annandale, in lieu of the castle of Dunbar and the earldom of March. Following out that arrangement, a charter was granted by the regent, Duke of Albany, at Haddington, on 2d October 1409, to his cousin Archibald, Earl of Douglas and Lord of Galloway, of the lordship of Annandale. The charter narrates that the fee of the lord- ship of Annandale belonged to George of Dunbar, son and heir of George, Earl of March, and that George the son and George the earl resigned the fee and frank-tenement at Haddington in presence of most part of the lords and barons of the kingdom. The lordship of Annandale was to be held by the Earl of Douglas and the heirs-male of his body, whom failing, by the Earl of March and his nearest lawful heirs whomsoever.1

The lordship of Annandale appears to have been enjoyed by Black Agnes as part of the inheritance of her father, the renowned regent, and her brother 1 Registrum Magni Sigilli, vol. i. p. 241, No. 4.".

XMiH INTRODUCTION.

John, Eail of Moray, his son. King David the Second, however, was in pos- session of the lordship of Annandale in the year 1361, when, on the 10th December of that year, he granted a charter at Mouswald to John Carruthers. The attestation of the charter bears that the granter's'seal of the lordship of Annandale was appended to the charter.1 King David the Second, as Lord of Annandale, had thus a special seal which he used for all grants of lands applicable to that lordship. The son of Lady Agnes of Dunbar, George, tenth Earl of Dunbar and March, under the additional designation "Dominus vallis Anandie et Mannie," granted a charter in 1375 to which is appended his special seal applicable to Annandale.2

When the Douglas family were in possession of the lordship of Annan- dale, they quartered the Douglas arms with the arms of Annandale as used in the time of the Braces, but without the lion passant in chief. The Princess Margaret Stewart, eldest daughter of Kiug Robert the Third, survived her husband, the first Duke of Touraine. The duchess was also styled Lady of Annandale in a crown charter dated 3d May 1426. Her armorial seal quartered the arms of Annandale with those of Touraine and Douglas. Soon after the Earl of Douglas obtained the formal grant of the lordship of Annandale in 1409, he, by charter dated 8th February of that year, granted to Sir Herbert Maxwell the office of steward of Annandale. That office, with the separate one of warden of the marches, led chiefly to the long feuds between the Maxwells and the Johustoues.

The lordship of Annandale continued to be enjoyed by the Douglases from the time of Archibald, the fourth earl, in 1400, till the death without male heirs of his body of William, sixth Earl of Douglas, in 1440, when, George, eleventh Earl of March, to whom it would have devolved in terms of the limitation in the grant of 1409, being under sentence of forfeiture, it passed to the crown.

1 Appendix to Sixth Report to the Commissioners on Historical Manuscripts, pp. 709, 710. - Ibid. p. 710.

ARMS OF THE DOUGLASES AS LORDS OF ANNANDALE.

rue

During the possession of Aimandale by the Douglases they quartered the Bruce arms of Annandale with their own. Three of the armorial seals of the Douglases as Dukes of Touraine are here introduced to show the form in which the Annandale sal tire and chief were quartered.

2. Seal of Archibald, first Duke of Touraine, Earl of Douglas, Lord of Galloway and Annandale.

3. Seal of Archibald, second Duke of Touraine, Earl of Douglas, etc., Lord of Lauder and Annandale.

1. Seal of Princess Margaret Stewart, Duchess of Touraine, Countess of Douglas, Lady of Galloway and Annandale.

XX INTRODUCTION.

Edward Bruce, Earl of Caruick and King of Ireland.

On liis succession to the crown of Scotland, King Eobert the Bruce showed great generosity in providing large territories to his relatives and friends who had assisted him in his long-sustained struggles for the crown. "We have seen that he provided to his nephew Randolph the lordships of Annandale and Man, and also the great earldom of Moray. The king also provided the ancient earldom of Carrick to his brother Edward Bruce, who thereafter became Earl of Carrick. Being of the warlike spirit of his race, the Irish of Ulster, when in their troubles, invited him to come to their aid and assistance, and also acknowledged him as their sovereign. He landed at Carrick- Feigns on 25th May 1315, and was solemnly crowned King of Ireland 2d May 1316. But he did not enjoy the kingdom long, having fallen at the battle of Dundalk on 5th October 1318. During the two years in which Edward Bruce was King of Ireland, he granted, under the style and title of " Edwardus Dei gratia Rex Hibernie," to John of Carlton, the land of Dalmakeran and others. Those formed part of the earldom of Carrick. The reddendo was "yearly three sufficient spears on Christmas day at the head manor of Turnbery, and three suits yearly at the granter's court at Girvan. That charter was confirmed by King Robert the Bruce at Scone on 6th July, eighteenth year of his reign (1324). The original confirmation charter is in the charter-uhest of Sir Reginald Cathcart of Carlton, Baronet, by whose permission a facsimile is here introduced. The original is printed in the Appendix to this volume, along with a translation.

Edward Bruce, Earl of Carrick and King of Ireland, left no legitimate issue. But his three sons, Robert, Alexander, and Thomas, were successively styled Earls of Carrick. Thomas died without issue, when the earldom of Carrick reverted to the crown.

Alexander Stewart, Earl of March and Lord of Annandale, second son of King James the Second, was made Warden of the March by an act of parlia-

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DUKE OF ARGYLL ON BREVITY OF EARLY CHARTERS. XXI

nient passed on 4th August 1455.1 He was afterwards created Duke of Albany. But having subsequently declared war against his brother King James the Third, and assumed the royal style of " Alexander, King of Scot- land," his peerages and landed estates were, by act of parliament passed on 1st October 1487, annexed to the crown.'2

The Duke of Argyll on the brevity of early Charters.

In his interesting and valuable work, " Scotland as it Was and as it Is," the Duke of Argyll enters on the question of " The Age of Charters " in the second chapter. In his researches his Grace was struck, as most charter scholars have been, by the brevity of the early charters in comparison with the verbosity of later writs. " Bits of parchment," the duke says, " one inch in breadth, and a very few inches in length, were enough to convey great earldoms and baronies in the days of David I. Eleven lines on a small parchment con- ferred the whole of Annaudale upon an ancestor of King Bubert the Bruce."3 The brevity of early charters, however, is not without exception. Thus, the second charter, printed in this work, by William Bruce, fourth of Annaudale, to Adam of Carlyle, son of Bobert, of the lands of Kinmont, contains thirty- seven lines of print, and gives a minute and extensive description of the marches of the lands. This charter is dated between 1194 and 1214. Several of the other early charters here printed also contain minute descriptions of the boundaries of the lands conveyed.

His Grace of Argyll is himself possessed of one of the largest parchment charters in Scotland. It was granted by King Charles the Second to Archi- bald, ninth Earl of Argyll, and is dated 15th October 1667. It contains the whole earldom of Argyll. So minute is the description of the extensive High-

1 Acta of the Parliaments of Scotland, splinter of a lance at a tournament, and he vol. ii. p. 43. was interred in the Celestins in Paris.

2 Und. pp. 179, 180. Previous to the pass- ing of that act, the Duke of Albany was 3 " Scotland as it Was and as it Is," vol. i. accidentally killed at Paris in 14S5 by the pp. 52, 53.

XXii INTRODUCTION.

land earldom that the parchment on which the charter is engrossed measures in length five feet one inch, and in breadth four feet three inches, giving a surface of nearly twenty-two square feet. The charter contains two hundred and thirty-seven lines, and every line, taking an average, contains one hundred and three words, which gives a total of words in the charter of twenty-four thousand four hundred and eleven words.

UPPER ANNANDALE.

The district of Upper Annandale forms an important and interesting part of Dumfriesshire. The hills and dales, which are characteristic features, give to this portion of the dale a diversified beauty, and even grandeur, which have not failed to attract the attention and to engage the pen both of the poet and of the romancer. The district includes the three dales of Annan, Moffat, and Evan, so named after the three waters whose channels they respectively follow. Annandale traverses the central portion of Dumfriesshire from north to south, while Moffatdale flanks it on the east, and Evandale on the west, the three dales in their course being almost parallel to each other.

The lands of Moffatdale and Evandale were long a Hemes and Maxwell possession. King James the Second granted to David Heris of Trareglis and Margaret Creichtoune, daughter of Eobert Creichtoune of Sanquhar, knight, forty merklands in Avandale and four merklands in Hutton, which John Heris, father of the grantee, resigned in the hands of the king as tutor and governor to his son Alexander, Duke of Albany, Earl of March, and Lord of Annandale.1 It appears from this charter that John Herries was the first possessor of Evandale of the family of Herries. The king, in appointing Herbert Herries as curator to John Herries, excepted from his charge a forty pound land to be given to David the son.2 In 1464 he witnesses a charter as Sir David Heris of Avandale.3

1 Dated 20th July 1459, Register of the Great Seal, vol. ii. No. 734.

2 24th January 1458-9, ibid. No. 668. 3 21st October, ibid. No. S16.

MOFFATDALE AND EVANDALE. XXlll

At a later date Moffatdale came into the possession of the Herries family. King James the Third granted a charter to Henry, son of James of Douglas, lord of Dalkeith, and to Margaret Douglas, his spouse, of the lands of Moffatdale and others.1 By the year 1486 they had come into the pos- session of the Herries family ; for the same king in that year granted a charter to Herbert Herries, son and apparent heir of David Herries of Terreglis, of the lands of Moffatdale, Avindale, and others.2

In the time of William, third Lord Herries, the lands of Moffatdale and Evandale, -which had previously been included in the Barony of Herries, were erected into a barony called the Barony of Moffatdale and Evandale. This must have taken place in or prior to 1550, at which date the barony of Moffatdale and Evandale is mentioned in a precept from the chancery of Queen Mary, and it gives an importance to the lands at this early period.3

By the marriage, in 1547, of the Herries co-heiress, Agnes, eldest