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The manuscripts of the Duke of Athole, K. T., and of the Earl of Home online

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Nos. 130-147 some writs of the nunnery of Eccles. This nunnery or
priory is said to have been founded by Earl Cospatrick of Dunbar in
1155. In the reign of King James the Fifth, if not before that date,
the then Lord Home was appointed hereditary bailie of the priory
lands [No. 130 infra]. These comprised various small portions of
land as enumei-ated in No. 146, and certain church lands in the parishes
of Eccles, in Berwickshire, and Bothkennar, in Stirlingshire [No. 132].
There were for a time two rival prioresses, but the one recognised by
the Crown was Marion Hamilton, apparently a member of the Inner-
wick family. After the annexation of the monasteries to the Crown
in 1587, the abbacy passed through various hands, under grants from
King James the Sixth, and at a date about 1616, the temporalities of
the priory were erected into a barony in favour of Sir George Home
of Pincarton and Eccles. He has been confounded with Sir George
Home of Spott, Earl of Dunbar, but the latter died in 1611.

Eskdale [No. 150] and Ewesdale [Nos. 151, 152], Fogo and Gordon,
the writs of* which are in Nos. 153-174, all belonged, in one form or
another, to Lord Home, as also part of Greenlaw [Nos. 175, 176], but
none of these writs require special mention, except No. 171, which
refers to a raid made on Lord Home's lands of East Gordon, and
No. 173, which illustrates the hardships endured by tenants and others
when those entitled to teindsheaves, which must be lifted before the
others were taken from the fields, delayed to secure their property in
a reasonable season of the year.

The lands of Greenwood, Harden and Hoscote, in the vale of
Borthwick water, in the shire of Roxburgh, were granted to Lord
Home, Great Chamberlain, and his son, and among the writs dealing
with them [Nos. 177-180, 185-191, 196-199] we have notices of the
Turnbulls and Hepburns as at one time possessors of Greenwood and
Harden before they came into the hands of the Scotts, who are also
named, while Hoscote was one of the ancient holdings of the Lords
Borthwick, who took their family name and title from the Borthwick
valley.

Two writs [Nos. 200, 201] showing the acquisition of Howlaws in
Berwickshire [cf. also No. 192] from James, Master of, afterwards
ninth Earl of Douglas, who in return received the lands from John,
Lord Haliburton of Dirleton, are followed by a series of writs of some
interest to genealogists. These [Nos. 202-208] relate to the Scotts
of Howpasley said to be represented by Lord Napier and Ettrick.
It appears from the writs now reported on, compared with No. 117 infra
and Charters in the Great Seal record, that Alexander Scott of Abbeuton
or Abington was the first Scott who held Howpasley in property, the
lands having been in possession of the Stewarts of Dalswinton and
Garlies till about 1468, when King James the Third granted
them to Alexander Scott on the resignation of Alexander Stewart,
younger of Dalswinton. This seems to dispose of the alleged pedigree



85

given by some peerage writers of the Scotts of Howpasley as descending mss.ojths
from a remote source, and although the present writs throw no light Eari - of Home -
on the point, there seems reason to believe that Alexander Scott of
Abingdon and Howpasley was identical with Alexander Scott, the
second or third son of Walter Scott of Kirkurd and Buccleuch. That
Alexander had two sons, Walter and Adam. Alexander Scott of
Howpasley was succeeded [No. 204 infra] by Walter Scott of How-
pa-ley, who was named as an executor by David Scott of Buccleuch
in 1492, and he was afterwards tutor to the young laird of Buc-
cleuch, an office usually filled by a relative.

Walter Scott appears to have had issue a daughter, Janet Scott, who
was his heir [No. 205 infra] in 1530, before which she was apparently
under the guardianship of llobert Scott, designed tutor of Howpasley,
who seems to have been her uncle, and to whom she may have resigned
the estate of Howpasley. King James the Fifth in 1536 granted under
the great seal to Robert Scott of Howpasley and Isobella Murray, his
wife, the lands of Appletreehall, &c., which had belonged to Robert's
father and were in the King hands, through the forfeiture of Alexander,
Lord Home. This proves that Robert Scott and the late Walter Scott
must have been brothers, and the former, as is evident from the writs
now reported on, carried on the line of the family. Janet Scott married
Thomas McDowal of Mackerstoun, but Robert Scott of Howpasley was
succeeded in 1578 by his son, Sir Walter Scott of Birkenside, who in
turn was followed, in 1580, by his son, Walter [Nos. 206-208], though
the latter was not infeft till 1588.

Among the writs of Huntlywood [Nos. 209-212] may be noted the
instrument by Alexander, Earl of Huntly, telling why he had issued a
duplicate charter to Lord Home, because some malicious person had
torn away the seals of the first grant, thus showing the importance then
attached to sealing as the mode of authenticating documents.

In the writs of Bolton, East Lothian, which follow [Noa. 213-220 ;
cf. also No. 129] we have references to a member of the Hepburn
family whose name appears to be wholly unknown to peerage writers,
and yet he was for many years Master of Hailes and the nearest heir to
the earldom of Bothwell. He was the brother of Adam Hepburn,
second Earl of Bothwell, who was killed at Flodd en on 9th September
1513, and must have been the next in age, as in 1515 he describes him-
self as tutor lawful and heir of his nephew, Patrick, Earl of Bothwell.
The legend on his seal [No. 129] is not clearly decipherable, and it
cannot be ascertained what property he possessed, but at a later date he
obtained through Lord Home the lands of Bolton. Up to 1537 he is
designed Master of Hailes. which seems to imply that his grand nephew,
James, afterwards the famous Earl of Bothwell, was not then born. He
is also designated in the same way in 1559, after his nephew's death, he
being also the next heir to his grand nephew.

Patrick Hepburn of Bolton, Master of Hailes, appears to have had
only one son, and to have been succeeded by a granddaughter, who
married James Hamilton of Sprouston, perhaps identical with the laird
of St. John's Chapel [No. 232 infra].

The Papers which relate to the Abbacy of Jedburgh and Restennet,
now in Lord Home's possession [Nos. 221-226], do not call for special
remark. The writs of the lands of Lambden [Nos. 227-231] show some
generations of the old Merse family of Hately. They also held Meller-
stain for a time [Nos. 252, 253], the last named writ recording a feud
between them and the Brownfields, also a Berwickshire family. The
names of Rany, Letham and Redpath occur in charters of the lands of
Letham [Nos. 233-237], which in 1478 Edward Redpath resigned into



86

MSS. op the t ne hands of Alexander, Duke of Albany, to be given to Alexander
Earl of Home. Home. The bouse called " The Wolt of Letham " is .alluded to in these
writs.

The writs of Leyacres and Friaruess [Nos. 238-243] and those of
Samuelston [Nos. 256-260] deal with the later members of a family of
Kers not named by any genealogists. The first of the family of whom
anything is known is a Richard Ker, whose son and heir, John Ker,
was an adherent or attendant upon James, second Earl of Douglas, and
received from the Earl between 1384 and 1388 the lands of Samelston,
or Samuelston, in the county of Haddington. Sir John Ker died in
1418, and was succeeded by his son, John, who in II 10 was succeeded
by his brother, George [No. 256 infra]. The latter was apparently
the father of George Ker of Samuelston, who married Marion Sinclair,
and whose daughter and heiress, Nicholas Ker, married Alexander,
second Lord Home, great chamberlain of Scotland. As formerly stated,
the lands of Samuelston were given by George, fourth Lord Home, to
his niece, Janet Home, who married John Hamilton. The lands of
Leyacres and Friarness, however, formerly belonging to George Ker of
Samuelston, were inherited by, or granted to his granddaughter, Eliza-
beth Home, who had been married, first, to Thomas Hay, younger of
Yester, and then on a report of his death abroad, to James Lord Hamil-
ton, first Earl of Arran, from whom she was [vide Report on Hamilton
MSS.] divorced in 1504, because her first husband was discovered to
be alive. In the present Report, however, she is described as Elizabeth
Home, Lady Hamilton, so late as 1531, and appears to have retained
the designation till her death in 1544 [cf. Nos. 2*1, 242], when her
brother George Lord Home was served her heir.

From No. 245, we learn that there was an old family of Mauderston
of that Ilk. In Nos. 254, 255, compared with No. 171, we have
reference to one of these plundering raids so common in Scotland,
accompanied, in one case at least, with loss of life. The marauder was
Ninian Chirnside of East Nisbet, who in 1523, made a foray upon Lord
Home's lands of East Gordon and Huntlywood, and there despoiled his
tenants. Either at that time or apparently at a later date Chirnside
was instrumental in causing the death of David Home, prior of Colding-
hame, a younger brother of George, fourth Lord Home, who with other
relatives, demanded satisfaction. It may be noted that a Ninian or
Ringan (the two names being synonymous) Chirnside, otherwise known
as Captain Ringan Chirnside, was a prominent actor in the troubles
between England and Scotland at a later period, but whether he was
identical with the Laird of East Nisbet is not certain.

The lands of Smailholm belonged for a time to the Homes of Earlston
and Coldenknowes, having been exchanged with Thomas Ker, a brother
of the Laird of Cessford, for lands in Crailing and Hownam [Nos. 261-
265]. The lands described in No. 266, as the Charterhouse lands of
' Sprouston, were granted in 1433 by Archibald, fifth Earl of Douglas,
to the Prior and Monastery of the Carthusians founded in Perth by
King James the First ; but how the lands came into the hands of the
Hamiltons of St. John's Chapel does not appear. There are also a few
memorials of another old ecclesiastical foundation, the Abbey of St.
Bothan, said to have been founded by one of the Countesses of March
for a community of Nuns. We learn from the writs now reported on
[Nos. 267-269] what lands belonged to the priory, at least in its later
days.

The remaining Writs, relating to Tinnies in Yarrow, Thornton in the
county of Haddington, and Upsetlington in Berwickshire, do not merit
special notice, or have already been touched upon.



87

The muniments as reported on are divided into two sections : — M>s ,, p TIIK

1. Documents, more or less of a personal nature relating to the UL ^£_ 0ME «

principal members of the family of Home.

2. Old Charters and other documents still in the charter chest at

Hirsel relating to lands formerly possessed by the Home
family.



Section I. — Documents, more or less of a Personal Nature
relating to the Principal Members of the Family of Home.

1. Testament of Alexander Hume of Dunglass 3rd February 1423-4.

The original is in Latin, but a translation is here given.

Inventory of all the effects of Alexander of Hum made at Dunglase
the third day of the month of February 1423 A.D., in presence of trust-
worthy men, namely, Patrick of Hum, his brother, Alexander of Hum,
his son and heir, William Hall (de Aula), his chaplain, and .John Bewclase.
First he acknowledges himself to possess 1,300 ewes price of each
3*.= 156/. [sic, lege £195] Item he acknowledges 23 score barren sheep
and ten sheep price of each sheep 2*. = 47/. ; Also 48 rams commonly
called " twpis " price of each 2s. — 41. 16*. ; Also 800 young sheep
commonly called "hoggis" price of each 14c?. = amount 56/. Total
value of all his sheep 263/. 16*. He likewise acknowledges himself to
have four score and four cowa each valued at 13.v. Ad. amount 561. ; also
21 bullocks of two years old, price of each 6*. 8d. amount 71. ; Also
52 calves, price of each, 40</. amount 8/. 13s. Ad. ; Also four score and
fourteen oxen, value of each 13*. 4d. amount 62/. 13.s\ Ad. Total of all
his oxen and cows 134/. 6s. 8d. Also twenty chalders of corn [or
wheat " frumenti "] growing, each boll valued at 40<f. amount
53/. 6s. Sd. ; Also "in the Slad " in oats and barley 13/.; also in
Dunglase in oats sown and to be sown 24 chalders price of each
chalder 20s. amount 24/. Also in Aldcambus and Hundwood
15 chalders of oats, each chalder of the supposed value of 20s. amount
15/. Also in barley to be sown in Dunglass and Aldcambus twenty
chalders 32s. amount 32/. Total amount of all his produce
136/. 16s. Sd. Amount of all the foresaid effects 534/. 9s. Ad.

These are the debts which are due to him by others : First, the
Bishop of St. Andrews, 10 nobles; Sir William Lyndyssay 10 merks :
Walter of Ogilvy 10 merks ; John of Manderston, 8 merks, one ox and
one mart [for winter beef] of annual rent. Also the burgesses of
Edinburgh 40 nobles. Amount of my debts 40/. and 10 nobles.

As nothing is more certain than death or more uncertain than the
hour of death. In the name of God Amen. I, Alexander of Hume make
my testament in this manner, namely, I give and bequeath my soul to
God Almighty and the blessed Mary, and I declare and ordain that
a chaplain may celebrate [a commemorative mass] in the church of the
blessed Mary which is called Whitekirk ; and because that chaplain may
be more readily got at the feast of Whitsunday next to come, and if it
happen me to die, which God forbid, in that year, I wish that imme-
diately after my death there may be celebrated on account of my death
services in accordance with church usage, and that one chaplain may
celebrate once a year in the church of St. Michael of Aldhampstocks
Also I give and bequeath to Christiana my daughter two hundred
pounds; also I give to Jonet my daughter one hundred pounds. Also
I give and bequeath to Alicia my daughter one hundred merks. Also



88

USS. op the to George my son 50 merks, and the residue of all my goods to my son*
arlofHome. Alexander, for supporting the burdens incumbent on me as on him, and
that he may dispose the same effects with the advice and assistance of
my living executors, whom I ordain and constitute to be the persons
underwritten, namely Patrick Hepburn laird of Wauchton, Patrick of
Hume, David of Hume, my brothers, and the said Alexander, my son,
that they may dispose of the same goods with the advice and protection
of my superior the lord of Hailes that he may defend them and compel
them to fulfil my desire, by giving them power to do all and sundry
which of right belong and are known to belong to the office of executors,
as they shall desire to answer to the supreme Judge. And in token of
this testament my seal is affixed to the presents. At Dunglass, year,,
day and month beforenamed.

2. Letters by Alexander of Hume, cousin or kinsman of Alexander of
Hume lord of that ilk, resigning into the hands of the latter as his
over lord, his whole lands lying in the town [villa] and territory of
Hume, with the pertinents within the earldom of March, with all'
claim and right which the granter had in the same. At Dunglass
1st June 1433.

3. Discharge by Patrick Lord Hailes to Sir Alexander Home of that
Ilk : " Be it kend till all men be thir present letters, me Patrick
Hepburn lorde Hailis to hafe resauit be the handis of Sir Alexander
Home of that Ilk knycht all and syndry sommys of monee aucht to me
be him throuch the cause of maryage of Adam my sone and aire and
Helene the dochter of the saide Sir Alexander. Of the sommys all'
and syndry beforsaide I hald me veile content fullily assythyt and
paide and quhitclemys and dischargis the said Sir Alexandir his airis-
executouris and his assignais of all and syndry the said sommys for me
myn airis executouris and myn assignais for euermare be thir present-
letters. In vitnes of the quhilk thing to thir present letters me seile is
to hyngyt at Hailis the thryd day of the rnoneth of Fabruare in the
yher of Gode a thousand foure hundreth and sexty." The granter's
seal is still attached, partly broken.

4. Contemporary copy of an agreement in the form of an indenture,
between George Lord Gordon on the one part and Alexander Seton his
brother on the other part, to the effect that neither Lord Gordon nor his
heirs shall make any impediment to the entry of Alexander Seton to
the lands belonging to his mother the late Giles Hay, but shall rather
help and further him " thareto, in als fer as he may witht his worschip,"
and specially anent the recovering of the lands of Tulibody, except the
lands of the forest of Bune and Avin with the tenandries lying within
them, which Lord Gordon shall enjoy heritably without any obstacle,
of the said Alexander and his heirs, for which lands Lord Gordon shall
give to his brother the lands of Teuchfresale [Touchfraser] and the
Drippis, lying in the sheriffdom of Stirling and that by charter and
sa6ine within forty days. Providing that because James Lord Living-
stone and Sir John Colquhoun of that Ilk held part of Touchfraser and
the Drips from Alexander Earl of Huntly for their lives, Lord Gordon-
shall five his brother a portion equal to what they hold from the lands
of Huntly and Gordon until he enters to Touchfraser, etc., and shall by
means of James Bishop of St. Andrews and other friends, prevail on
their father the said Earl of Huntly to consent to fulfil this arrangement,
so that Lord Gordon and Alexander Seton may be put in fee of the
forest of Bune and Avin, and the lands of Touchfraser and Drips
respectively, the franktenement being reserved to the Earl. Dated at



89

Stirling 3rd February 1464-5. Thomas Lord Erskine, Alexander
Spence son and heir to Murdow Spence, and others witnesses. The
seal of the Bishop of St. Andrews is said to have been appended on
behalf of Lord Gordon and that of Thomas Lord Erskine on behalf of
Alexander Seton.

5. Contemporary copy of" another Indenture between the same parties
" for the stanchyng of all debatis and contrauersiis betuex thaim and
thare airis in tyme cummyng " especially as to the lauds belonging to
the late Giles Hay. Alexander Seton binds himself and his heirs never
to lay claim to the lands of Culsabbarte, Aynze and Boyne, in return
for which renunciation Lord Gordon shall iufeft him in 100 merks of
the lands of Gordon and Huntly, until he obtain the barony of Tulibody
in the sheriffdom of Clackmannan, and also in 40 pounds of the same
lands until the Laird of Stobhall shall receive him as tenant in the
lands of Drips, etc. George Lord Gordon also shall resign in his
brother's favour the lands of Touchfraser, etc. And as to other lands
that formerly belonged to Giles Hay mother to Alexander Seton, Kyn-
mondy in the earldom of Buchan, Rate and Geddes in the sheriffdom of
Nairn and Fothirty in the earldom of Ross, George Lord Gordon shall
further and help Seton in recovering these lands " as he sulde do til
his broder and mat), and at the said Alexander sail keip his service
to the said lorde his brodyr and in lyke vyse the said lorde to kep gude
and afald lordschip to hym, as the letters of lordschip aud manrent maid
betuex thame of before proportis."

Dated at Edinburgh 10 April 1470.

6. Letters by Robert, Abbot of Kelso, Andrew Ker of Cesfurde, John
Murray of Cranstoun, Sir James Liddayle of Halkarston, knight and
James Ker of Gaitshaw, in which they bind themselves by the faith of
their bodies, their heirs, executors and assignees to " a vorschipfull
man " John Home, his heirs, etc., in the sum of two hundred merks
Scots " for the contract of matrimony to be made betuix the saide
Jhone and Mergret the dochter of the saide James Ker " to be paid
upon the high altar of St. Nicholas' Kirk in Home, as follows, forty
pounds on the completing of the marriage and twenty pounds at each
term of Whitsunday or Martinmas thereafter till the whole sum be
paid ; and if it should happen that John Home be heir to Alexander
Home [of that Ilk, afterwards Lord Home] his brother, the granters
bind themselves to pay a further sum of four hundred merks, to be
paid in termly sums of fifty merks until fully discharged. Dated at
Kelso 20 March 1471-2. The five seals once attached are now gone.

7. Commission by King James the Fourth, constituting and appoint-
in"- his beloved and faithful cousin and councillor Alexander Home
of that Ilk, apparent heir of Alexander Lord Home, to be Great
Chamberlain of Scotland for the whole time of his life, giving to him
full powers belonging to the office. Dated at Edinburgh 7th October
1488.

8. Tack or Lease by Alexander Hume of that Ilk Great Chamberlain
of Scotland, in which he declares himself to " have sett and to male
lattin, and be thir present letters settis and to male lattis to ane noble
and michty lord, Alexander Gordoun, Maister of Huntlie " all and
sundry the lands of the Earldom' of Garriach, and all and sundry the
lands of Strathdon lying within the earldom of Mar and the sheriffdom
of Aberdeen, and that for six years from Whitsunday next after this
date ; which lands are assigned to the granter during the said space



90

Eael of Home. " ^ or tue sustentatioun and expenss of a Richt noble and michty lord,
— Johne Erie of Mar and Garriach " in terms of letters under the great

seal ; the lands to be held by Lord Gordon for six years, with all their
profits, he having power to remove and input tenants. Lord Gordon
during the six years is to pay such rents and duties as are contained in
the Exchequer Rolls, and he is also during the same period to have the
keeping of the Castle of Kildrummy, with power to appoint constables,
jailors and other officials, and as payment for this service the Chamber-
lain assigns to him a hundred merks from the lands, yearly during the
six years, as he had formerly for the keeping of the same. Further the
Chamberlain leases to Lord Gordon the lands, castle and others, after
the issue of the six years for as long as it shall happen to himself to
have the same assigned to him for the sustentation of the Earl of Mar
and Garriach. With clause of warrandice. Dated at Edinburgh
26 March 1491. Signed by the granter, whose seal is still appended,
bearing quarterly, 1 and 4 three papingoes for Pepdie; 2 and 3 a lion
rampant for Hume. Crest a stag's head. Legend " S. Alexandri
Hume."

9. Acquittance by Alexander Ramsay of Dalwolsy knight and
Elizabeth Douglas, his mother, lady of Dalwolsy, narrating that the late
Alexander Ramsay of Dalwolsy, father and husband of the granters
respectively, held the half lands of Fogo in the sheriffdom of Berwick
heritably to him and his heirs under reversion of the sum of four
hundred merks Scots, which sum Alexander Lord Hume Great
Chamberlain of Scotland has now paid to the granters for the said half
lands, and they therefore discharge him of all claims, Elizabeth Douglas
adding a special clause of discharge to Lord Hume for all rents due to
her from these lands. Dated at Edinburgh 1st July 1491. Witnesses
John Ogilvy of Fingask, Robert Douglas of Lochleven, George Hume
of Ayton, David Barclay of Cullerny and others. Signed " Alyxand?
ramsay " " Elezebetht dougls of Dolwssy."

10. Letters of Procuratory by Alexander Lord Hume Great
Chamberlain of Scotland, appointing Patrick Hume of " Pollart "
[Polwarth], Adam Crichton of Ruthven and Patrick Heriot, or one of
them to appear for him in the burgh of Dundee on the 24th July
instant, there to ask and receive from Alexander Lord Gordon or his
procurators a charter of 10/. worth of his lands of East Gordon to be
given heritably to Lord Home and his heirs, with the usual precept of
sasine, the writs to be granted under Lord Gordon's own seal and in
proper form ; also in Lord Home's name to pay to Lord Gordon 200
merks in full payment of a sum of 300 merks for the alienation by him
to Lord Home of the said land, delivering to Lord Gordon at the same
time a letter of reversion in the usual form, and also requiring a lease
from him to Lord Home of the land in East Gordon, and also of the
land apprised to the late Mr. Alexander Inglis Archdeacon of St.
Andrews, for 19 years from the date of redemption of the 10/. land.
With full power to the procurators to act for the granter. Dated at
Kilkerran in Kintyre 16 July 1498. Signed " Alex r 1. horn."

11. Precept by Patrick (Hepburn) Earl cf Both well, Lord Hailes
and Sheriff Principal of Berwick, etc., constituting and appointing
William Sinclar in Morhame, Alexander Lauder of that Ilk, George
Haitlie of Brumhill, Charles Murray and George Wedderheid burgesses
of Lauder, and any one of them, his very lawful and undoubted Sheriff



Online LibraryGreat Britain. Royal Commission on Historical ManuThe manuscripts of the Duke of Athole, K. T., and of the Earl of Home → online text (page 13 of 33)