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visited Castle Leod before now, bringing with him a noted sword be-
longing to Sir liory [Mackenzie], tutor of Kintail. 3d July 1739, . 284

502. (2.) Expressing high pleasure in anticipation of his Lordship's visit.

6th July 1739, 285

503. (3.) After referring to an aguish fever which he got from cold at Fort

Augustus, he exjjresses his hearty sorrow that his Lordship's tenants
were harassed by the cursed thieves and villains that lived in Glen-
moriston, Glengarry, and other thievish countries, referring especially
to Alister Scholar, " one of the greatest thieves in the Highlands," who
had taken four or five parcels of cattle out of Lovat's own country,
but always escaped to Turridon in Kenlochow ; whom, however, he
hoped yet to have by the neck and send to his Lordship. 18th
October 1739, 285

504. (4.) Earnestly desiring information as to the Countess of Cromartie's

health, who, he understood, was dangerously ill. 27th May 1740, . 287

505. (5.) Asking him to present Mr. Donald Eraser, tutor to his children, to

succeed Mr. Robertson in the parish of Killearnan. 2d March 1743, . 288

506. (6.) Intimating the birth of a grand-daughter ; and repeating his request

on behalf of Mr. Donald Eraser, since the parishioners of Killearnan
were favourable to him. 8th July 1743, ..... 290



1745.] CROMARTIE CORRESPONDENCE.



Page

507. (7.) Eef erring to a slight which the Earl of Murray had put upon him

by not calling on him ; a letter from Lochiel in Edinburgh, where
they expected great news soon, etc. 14th September 1743, . .291

508. (8.) Stating that the Earl of Morton had visited him in a very civil

manner ; also my Lord President, my Lord Gerless, my Lord Seaforth,
and others, had visited him and shown him attention, etc. 4th October
1743, 294

509. (9.) Regretting his Lordship's illness, and despairing of seeing the

Countess at his house as the cold season was approaching, etc. 7th
October 1743, 295

510. (10.) Expressing the utmost anxiety for his Lordship's health. 2 2d

November 1743, 297

511. Simon Lord Lovat to Isabella Countess of George third Earl of Cro-

martie, expressing his consternation at the news of the Earl's being at
the point of death ; and entreating her Ladyship to send speedy infor-
mation of his condition. 2 6tli November 1743, .... 298

512-520. Nine letters from Simon Lord Lovat to George third Earl of
Cromartie.

(1.) In the first he expresses his very high satisfaction at the intel-
ligence of his Lordship's recovery ; that he was to send bis son to St.
Andrews that week, etc. 28th November 1743, . . . .300

513. (2.) Informing him that a six months' sickness had prevented him from

writing, and expressing much interest in his Lordship's improving
health. 14th June 1744, 302

514. (3.) Expressing very deep regret at not having had it in his power for

some months to visit his Lordship, one reason of the hindrance being
a continued speat in the river Beauly ; stating his resolution to main-
tain his integrity and his principles, whatever changes took place. 9th
January 1745, .......... 304

515. (4.) Referring to a great snowstorm on the Strath of the Aird, from
which the cattle had suffered greatly, and even a great many of the



xxxvi ABSTRACT OF THE C 110 MART IE CORRESPONDENCE. [1745.

Page
people were sick in consequence of it ; attributing his own good health,
under Divine Providence, to his taking a cold bath daily. 4th Feb-
ruary 1745, 306

516. (5.) Congratulating his Lordship on the safe delivery of the Countess;

promising to pay a visit as soon as he could cross the river with his
chariot, etc. 25th April 1745, 308

517. (6.) Asking him to grant to Redcastle the latter's proportion of the

vacant stipends of Killearnan, which were in his Lordship's gift ; visit

of the Lord President and others, etc. 30th April 1745, . . . 309

518. (7.) Expressing a fear lest his Lordshij), from sitting with him to a late

hour on a recent occasion, may have sustained injury to his health, with
expressions of attachment to his Lordship and his charming family, etc.
22d June 1745, 311

519. (8.) Stating that owing to indisposition he had been unable to visit his

Lordship ; Lord Lovat is satisfied that his son pleases his Lordship ;
states that his son had taken a military freak, and was going, whether
he would or not, with all the name of Fraser that were fit for it, to
join the adventuring Prince, which deeply affected him, because his son
was the darling of his soul ; and hoping they would never differ in
politics, etc. 17th October 1745, 312

520. (9.) Eef erring to a night's merriment at Brahan ; and intimating that

a gentleman from the South was desirous to pay his respects to his
Lordship as soon as it could be ascertained where his Lordship would
be found. 26th October 1745, 314



XXXVll



ABSTRACT OF THE
CROMARTIE CHARTERS.



Pase



521. Letters by Pope Alexander iv., following on a repre,sentation and
petition by the Bishop and Chapter of Eoss, whereby his Holiness con-
firmed what the Bishop had done in prosecution of the powers conferred
by Pope Gregory ix. on Eobert Bishop of Ross, his predecessor, for
improving the ancient prebends of the church of Ross and creating
new ones, by allocating among them, in addition to the teinds of Rose-
markie and Cromartie, the following, under certain exceptions, viz. :
To the deanery, the teind sheaves of Ardersier and South Kilmuir : to
the chantry, those of Kilmuir and Tharuedale : to the chancellary,
those of Suthy and Kenneythes : to the treasury, those of Urquhart
and Logybride : to the archdeaconry, those of Fodderty and Edirdore ;
to the sub-deanery, those of Tain and Edderton : to the sub-chantry,
the church of Bron and the teind sheaves of Inveraferan : and to the
Bishop's prebend, the teind sheaves of the churches of Nigg and Tar-
bert : the teind sheaves of Clone and Lempnelar to one prebend : those
of Rosskeen and Ne^vich to another: those of Avach to the Abbot
of Kinloss's prebend, when he should hold one in that church, etc.
The letters also confirm certain ordinances by the Bishop relating to
the appointment of the clergy in the churches within the diocese of
Ross, — the constitution of the church of Sarum being taken as a model,
and to the regular attendance of the canons and vicars at their respec-
tive churches, and the correction of any irregularities that might
arise on the part of the clergy or their servants, the canons to be cor-
rected by the Bishop, the vicars by the Dean or Sub-Dean, whom fail-
ing, or in the event of an appeal, by the Bishop, etc. Dated at
Viterbo, the iii before the Ides {i.e. 11th) of June 1257, . , .315



ABSTRACT OF THE [1338.



Page

522. Notarial Transumpt (made 7th April 1511) of a Charter by William

Earl of Ross, son and heir of Hugh Earl of Ross, to Adam of Urquhart,
son of William of Urquhart, for his homage and faithful service, of the
whole land of Incherury in Ross, with its pertinents : To be held by
the said Adam and his heirs, of the granter and his heirs, in feu
and heritage, for payment of one penny sterling in name of blench
farm, at Whitsunday yearly, at Incherury, if asked, and rendering three
suits at the three chief pleas of the granter's court of Kunardy, with
the King's forinsic service pertaining to the said land. Dated at
Dingwall, the day after the feast of St. Michael the Archangel (30th
September) 1338, . . . . . . . . . .317

523. Charter by Adam of Urquhart, laird of Incherore and sheriff of Cromar-

tie, confirming to God and the Virgin Mary, and to a chaplain cele-
brating divine worship in St. Mary's Chapel of Inchrore. for the souls
of William Earl of Ross and his parents, and for the souls of the
granter and his parents, and of all the faithful dead, five merks of
annualrent from the land of Inchrore, with a croft of land, called the
Brew-house croft, in the territory of Inchrore, with a suitable site in
the town of Inchrore for a sufficient manse to the said chaplain, and
with sufficient pasture on the land of Inchrore for one horse, twelve
cows, one bull, and eighty sheej), and with fuel for the chaplain's use ;
to be held of the granter and his heirs in pure and perpetual alms, as
freely and honourably as any annualrent and elemosinary churchland
in Scotland was held ; reserving to himself and his heirs the right of
patronage of the said chapel. Dated at Lulcoldrum, 1 8th February 1348, 319

524. Confirmation by King Robert II. of a Grant by William Earl of Ross to

Hugh Harper, of the land of Inchefure, Avithin the dominical land of
Dalgeny, in the earldom of Ross : To be held by the said Hugh and
his heirs, of the said Earl and his heirs, in feu and heritage for ever, as
freely and honourably in all respects as the charter granted by the Earl
to the said Hugh bore. Dated at Edinburgh, 8th April 1371, . . 320

525. Transumpt (made 30th May 1395) of a Charter by Euphemia

Countess of Ross to John Comyne, for his homage and service, of a



1382.] CROMARTIE CHARTERS.



Page

whole davach of the lands of Pollane, with its pertinents, with Eister
Seton, mill and brewhouse thereof, with the Wilkcroft and common
pasture within the dominical lands of Delgny, and with Parkhill,
Rowynis, and Fortre, within the shire of Inverness : To be held,
with the inhabitants and natives thereof, by the said John and his
heirs in feu and heritage for ever, of the granter and her heirs, for
rendering to them yearly three suits at their three head courts to be
held at Kynardy, in the shire of Inverness. Dated at Dingwall, 14th
March 1381, 321

526. Transumpt (made 8th October 1487) of the verdict of an assise pro-
ceeding on the narrative that in a court held at Dingwall, the procura-
tors of Andrew of Terrell, who had been cited to produce the evidents
by which he claimed to hold his tenement of Terrell, declared that the
said Andrew's charter had been destroyed by fire in the church of
Tarbert, but that John Boner, his predecessor, had been infeft heritably
in the said lands of Terrell by feu-charter from the deceased William
Earl of Ross, father of Hugh Earl of Ross, for his homage and service,
with three suits of court yearly at the three principal Courts of the
Earldom of Ross, and for rendering to the Earl and his heirs three
merks yearly at the usual terms ; and that the said William Earl of
Ross granted heritably to the said Andrew of Terrell and his heirs, by
feu-charter, the said three merks, together with ten shillings yearly to
be uplifted from the town of Eisterharde : all which allegations above
narrated the assise found to be true. Dated at Dingwall, 4th March
1382, 322

•527. Charter by the bailies and community of Cromartie, to John Rebayn,
Thomas Basok, John Finlayson, and Gilbert Williamson, of all the
land then in moor lying between the ditch of Metheisfeld on the east,
and Gelyanisden on the west, and from the head of the Medylwode on
the north, to the highway towards Dauiston, to be brought under cul-
tivation as far as could be done by coulter and ploughshare : To be held
by the said persons and their heirs and assignees from the granters,
their heirs and assignees, for ever, while an heir of the four was alive,



Page

as freely as they themselves and their predecessors held the same, for
payment yearly only, after the lapse of three years, of ten shillings
usual money of Scotland. Dated 18th October 1449, . . . 324

528. Charter by the burgesses and community of Dingwall to Sir Thomas

of Dingwall, treasurer of Caithness and prebendary of Kilmore, and
his heirs and assignees, of the site of their mill and the mill built
thereon, lying near Robert of Munro's bridge over the Peifery, on the
north of the said burgh, with the toft thereof, and a croft of two roods
between which the water now flows to the said mill : To be held by
the said Sir Thomas, and his heirs and assignees, from the granters and
their successors, in feu and heritage for ever, as freely and honourably
as any mill with toft and croft in the realm of Scotland was granted
or possessed, for benefits conferred. The charter also grants power to
the said Sir Thomas and his foresaids to place a miller in the said mill
as often as it should appear to them expedient, and confers the same
freedom which the granters enjoyed in burgh, with pasture for twelve
cows, two horses, and thirty sheep, with their young, and free ish and
entry for pasture and fuel : the granters binding themselves and their
successors never to build another mill within the freedom of the said
burgh for ever, and that they would not go to another mill with their
grain, unless in consequence of defect of service ; and to give the seven-
teenth measure of their grain which was called " the fat," and to wait
with their victual at the said mill until each of them was served in
turn, etc. ; the said Thomas and his foresaids paying therefor one
penny in name of blench ferm at \Yhitsunday, if asked. Dated at the
said burgh, 4th October 1451, 325

529. Charter by the burgesses and community of Dingwall to the foresaid

Sir Thomas of Dingwall, in excambion for the lands of Brakaynorde
and two parts of Coyt Reyvis, and for other benefits conferred upon
them, of that piece of land formerly called Bog Monroy, but now Ben-
sort, in the territory of the said burgh, betAveen the water of Peffery
on the north, and the mill lade on the south, extending towards the
entrance of the lade of Peff'ery near the ancient march of Fothirdy



U62.] C ROM ART IE CHARTERS. xli



Page

toward the west, etc. : To be held of the granters and their successors,
in feu and heritage and free burgage for ever, for payment yearly of
one penny in name of blench farm, upon the ground of the said laud,
at Whitsunday, if asked only. Dated at the said burgh in the chief
Court held immediately after Easter, 1454, . . . . .327

530. Confirmation (dated 13th October 1457) by King James ii., of a charter

by Thomas of Dingwall, sub-dean of Ross and burgess of Dingwall, to
Thomas of Dingwall, his cousin, of all lands, possessions, and annual-
rents held and to be acquired by the granter in the burgh of Dingwall
and territory thereof, together with the mill of Dingwall : To be held
by the said Thomas and his lawful heirs-male ; whom failing, by John
of Dingwall, his brother-german and his lawful heirs-male ; whom fail-
ing, the said lands, possessions, annualrents, and mill to revert to the
worthiest person of his surname and his heirs, for rendering yearly for
each perticate of land lying in the burgh of Dingwall, the royal farm-
duty, viz., fivepence, and for the rest paying in terms of the charters
thereof made to the granter. Dated at the burgh of Dingwall, 3d
October 1456, 328

531. Charter by John Munro of Foulis and the bailies, burgesses, and com-

munity of Dingwall to Sir Thomas of Dingwall, sub-dean of Ross, and
his heirs and assignees, of a piece of their common land lying between
the land of the said Sir Thomas in the Bog toward the north, near the
ancient course of the mill lade on the one part, and the new mill lade on
the south : To be held by the said Sir Thomas and his foresaids, of the
granters and their heirs and assignees, in feu and heritage for ever, as
freely as any other part of the Bog, then called Bensort, was granted
in the charter made thereupon. Dated at Dingwall, 30th June 1458, . 330

532. Precept by John of Yle, Earl of Ross and Lord of the Isles, for infeft-

ing Sir Thomas of Dingwall, sub-dean of Ross, the granter's chamber-
lain, in liferent, and Thomas of Dingwall, younger, and his heirs, in fee,
in the lands of Inchefur with their pertinents, on the resignation of
the said lands into the granter's hands by Robert Johnson, laird
thereof Dated at the Manor Place of Delny, 18th February 1462, . 331
VOL. II. /



Page

533. Charter by John of Yle, Earl of Ross and Lord of the Isles, to his

native esquire Donald Corbatt, of the lands of Easter Arde, in the
earldom of Eoss and shire of Inverness, which formerly belonged
heritably to John Tulloch, and were resigned by him into the granter's
hands : To be held by the said Donald and his heirs ; whom failing, by
Margaret Corbate, daughter of the said Donald, and her heirs by the
foresaid John Tulloch, of the granter and his successors, Earls of Ross,
in feu and heritage for ever, for rendering yearly to the Earls of Ross
three suits at their three head courts to be held at Kynnardy, only.
Dated at Tain, 12th April 1463, 331

534. Charter by Thomas of Dingwall, younger, laird of Kildone, failing lawful

heirs-male of his own body, to his brother -german, John of Dingwall,
and the lawful heirs-male of his body ; whom failing, to Alexander of
Dingwall, also his brother-german ; whom failing, to William of Ding-
wall, also his brother-german, and the lawful heirs-male of their bodies
respectively ; whom all failing, to the nearest honourable and powerful
person of the surname of Dingwall succeeding by heritable right in the
order of male succession, and his heirs-male, of the granter's burgal
lands of the town of Dingwall, the mill thereof, the Bogy, his lands of
Kildoune and Owsye, Avith two parts of the town of Arkeboll, and all
and sundry other lands possessed and to be possessed, with the right of
presentation of chaplains and freedoms of burghs, etc., as freely as any
lands were held by heritable assignation within the realm of Scotland.
Sealed with the common seal of the town of Dingwall, and the seals of
the bailies thereof, at Tain, 27th October 1466, . . . .333

535. Charter by Thomas Legat, bailie, with consent of the whole community

of the burgh of Cromartie, to John Finlayson, burgess of the said burgh,
of a portion of uncultivated land, bounded as therein described, to
remain free from payment of farm duty by the said John, for the first
four years, in consideration of his labours and expenses ; he and his heirs
afterwards paying yearly forty pence of farm duty to the community
and common purse of the burgh : To be held by the said John and his
heirs, substitutes, and assignees as freely as any land in any burgh
within the realm of Scotland. Dated at Cromartie, 2d November 1467, . 334



1483.] CROM ARTIE CHARTERS. xliii



Page

536. Testimonial of Sasine in favour of Finlay Miclielsone, indweller at

"Wester Earethe, of the half of all the lands that belonged to Thomas
Red, burgess of Cromarty, situated within the burgh and outside of it in
the town of Nevatye, with the half of the buildings and manor places
built and to be built thereon, \\z., one oxgate in Nevatye, five roods
of land upon the " nesche " of the said burgh, one rood between the
town cross and the sea, two roods within the burgh between the lands
of Sir Alexander Spens and the " flumen marinum," two roods between
the burns from the east townhead of Cromartie, and a rood and a half
in the Laidcattath. Dated 16th August 1476, .... 335

537. Testimonial of the Sasine given hj David Denoune, baUie of Cromarty,

to Annette Makaye, wife of Finlay Michelson indweller at Wester
Earethe, in liferent, of an oxgate of the lands of the town of Nevatye,
with a rood of the burgh lands of Cromarty belonging heritably to
John Taylor, by delivery of earth and stone in terms of the charter
thereof made to the said Annette. Dated 4th July 1478, . . . 336

538. Instrument on the protest, made in presence of John Eoss of Balnagown,

on behalf of William M'Teyr, by Thomas Waus, his procurator and
father-in-law, wherein he declared that Sabbath the 27th February had
been peremptorily assigned to him by Angus M'Culloch of Pladdis, for
exliibiting the charter of the said William M'Teyr, of the quarter lands
of Achnaplad ; and that he had compeared on the said day and requested
the notary to accompany him to the usual place of the court near
Scarde, which he did, and read the charter, when delivered to him by
the said Thomas ; after which the latter solemnly protested that al-
though in times past the said William M'Teyr was wont to comj^ear
at the head courts of Angus M'Culloch and liis predecessors, he did
this of his own free will, and that it should in no wise prejudice him
or his heirs in time to come, as he had never been bound by his charter
to compear. Done at the usual place of court, near Scarde, 27th
February 1483, 337

539. Charter by William Scott of Balwery, superior of the lauds of Kil-

gour, to John Eamsay, son of George Eamsay of Corstone, of all the



xliv ABSTRACT OF THE [U84.

Page
lands of Kilgour in the shire of Fife, which belonged heritably to
William Menteth, and had been resigned by him into the granter's
hands : To be held by the said John Ramsay, and his heirs and assig-
nees of the granter and his heirs, in feu and heritage for ever, for
rendering yearly the service due and wont only. Dated at Balwery,
2d February 1484, 338

540. Precept by Donald Corbate of Estyrarde, with consent of Megote

Caldor, his spouse, to Alexander Denoune of Davistown, his bailie, for
infefting John Corbate, his son and apparent heir, and his heirs and
assignees, in the west third part of his lands of Estyrarde. Dated at
Estyrarde, 13th November 1488, 339

541. Testimonial of the Sasine given by Angus M'CuUoch of Pladdis, bailie

superior of the town of St. Duthac of Tain, in favour of Marsella
Maktyre, daughter of William Maktyre of Innerathy, of the lands of
the town of Innerathy in the immunity of Tain, formerly possessed by
the said William Maktyre. Dated 6th July 1489, . . . .339

542. Charter by John, son of William Robertson, burgess of Cromarty, to

John, son of John Simson, and his heirs and assignees, of half an acre
of land lying in the Harde Hyll, bounded as therein described : To be
held of the granter and his heirs and assignees for a certain sum of
silver that had been paid to the granter in his pressing and very great
necessity. Dated at the said burgh, 20th November 1490, . . 340

543. Testimonial of the Sasine given by John Donaldson, bailie of Cromarty,

to John, son of John Symson, of half an acre of the lands belonging to
John, son of William Robertson, lying in the Harde Hyll, bounded as
therein described, in terms of the said John's charter thereof. Dated
at the burgh of Cromartie, 20th November 1490, .... 341

544. Testimonial of the Sasine given by John Clunes, bailie of Cromarty, to

Marjory Anderson, in liferent, of the north half of the tenement be-
longing to Janet Williamson, with the north half of the said Janet's
acre of land, lying in the Layglandis. Done at the burgh of Cromarty,
20th May 1494, 341



170.3.] CROM ARTIE CHARTERS. xlv

Page

545. Transumpt (made 10th September 1524) of Instrument of Sasine, pro-

ceeding on a precept from James Archbishop of St. Andrews and Duke
of Ross, for infefting Donald of Ilis, son of Alexander of His, Knight,
as heir of his father, in the lands of Lochalche, Kischrin, Lochcarron,
Lochbrene, Feryntosky in Bray chat, with the pertinents, and in the
fishings of the Water Kelzeisokell within the dukedom of Ross, and
shire of Inverness, which were held in chief of the granter. The pre-
cept is given under the Archbishop's seal at Stirling 3d, and the
instrument is dated 27th, February 1499, ..... 342

[The Instrument narrates that sasine of the said fishings was given by
delivery of " sand and water ; " and that when the bailie-depute and
notary were preparing to cross the water to give sasine of the land of
Ferintosky in Braychat, a number of ill-advised persons, in a threaten-
ing manner, with arms in their hands, rose up from the opposite side
of the water to prevent them from effecting their design, calling out
that if they crossed for that purpose they should never return, etc.]

546. Extract-Decree of the Lords of Council, decerning the Charter by the

Burgh of Dingwall to Thomas of Dingwall, of the place of their mill
and mill beside the Bridge of Robert Monro upon PeflFery, dated 4th
October 1451, No. 528, supra, to be authentically doubled and tran-
sumed. Dated 27th July 1626, 345

547. Patent by King James the Seventh of Scotland, creating Sir George

Mackenzie Viscount of Tarbat, Lord Macleod and Castlehaven. The
Patent is granted for the many signal services rendered by him in the
office of Clerk of Council, Register and Rolls, and for his unshaken
loyalty. Dated 15th April 1685, 348

548. Translation of the foregoing Patent, . . . . . . .350

549. Patent by Queen Anne, creating George Viscount of Tarbat, Earl of

Cromartie, Viscount of Tarbat, Lord Macleod and Castlehaven. The
Patent is granted to him while Principal Secretary of State for the
kingdom of Scotland, in consideration of his constant fidelity and affec-