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DUKE OF MONTROSE,

193. Letter of King James VI. and John, Earl of Mar, Regent of Scotland, whereby on the narrative of the faithful service of Captain Thomas Craufurd, of Jordanhill, his Majesty promises, with advice of the Regent, to cause the Archbishop of Glasgow to infeft him and his heirs in the Mill of Partick, the Bishops Meadow, and others, and that his Majesty would ratify the said infeftment, and also obtain from the Bishop of Caithness security to the said Thomas for 2007. promised to him out of the fruits of the Kirk of Linlithgow. Dated at Glasgow, 4th July 1572.

194. Another letter to the same effect as the preceding from King James VI. and James, Earl of Morton, Regent of Scotland. Dated at Edinburgh, 5 February 1572.

195. Holograph letter of King James VI., written in the ninth year of his age, to Captain Thomas Craufurd, of Jordanhill, with two Ratifications, also holograph of the King, dated respectively 15th September 1575, 5th September 1584, and 23 March 1591:

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The first letter is engrossed in a very beautiful and legible hand, but juvenile in appearance. The King had accidentally omitted the day and month which are added in another hand, probably that of George Buchanan, who was Tutor to the King, and under whose direction the whole letter was probably written. The letter and the two additions are written on the first page of a sheet of foolscap paper.

196. Letter by Adam Bothwell, Bishop of Orkney and Commendator of Holyrood House, wherein he declares that the teinds of Whitekirk, namely, the Mains with the Mirrielaws and Brewaikeris were let by the Abbots of Holyrood House for five chalders wheat and bear: Pilmure for eleven merks; the Stanilaws for ten merks; Gilliswall for ten merks; the lands of Furde for 381., &c. [1570– 1593.]

197. Letter from Hew Craufurde [of Crawfurd John] to Thomas Crawfurd, of Jordanhill, with reference to the returning of some letters which Laurence Oliphant had belonging to the latter, wherein he prays God to reward him for the good deed he had done to his (the writer's) mother. Dated at Edinburgh, 18th January 1598.

198. Letter by King James VI. to the Tenants of the Earl of Argyll, to withhold payment of their rents during his Majesty's pleasure. 19th February 1603:

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"Traist freind, we grete you hairtlie well: Vnderstanding that the Laird of Ardincaple hes causit arreist in your "handis the fermes addebted be you to our cousing the "Erle of Argyll, for certane soumes of money quhairin he "standis oblist to the said Laird of Ardincaple: Thairfor "it is our will and we command you, that ze retene the "saidis fermes still in zour handis and delyuer na parte of "the same to our said Cousing nor na vtheris in his name, quhill ze vnderstand ferder of our will and mynd in that mater, and obtene our speciale warrand and command in "the contrair and this ze faile not to do as ze respect our "obedience, and will answer to ws vpoun the contrarie: "Thus we commit you to God. Frome Halirudhoues the "xix day of February 1603.

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"soumis as the Duike of Lenox hes in tickket, for the fur"therance of oure honorable adoes in forraine pairtis; lykeas we also faithfullie promeise to emploie the said soumis, "and euerie pairt of thaime, for the furtherance of oure "atteining to the said Crowne allainerlie; and for the "further suretie heirof uill receive thaime in oure awin keeping preuilie in a littil coffer, quhairof the said Duike "sall keipe the keye, and uill also favourablie gratifie the personnis aduanceris at all goode occasions that sall be presented. "JAMES R."

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200. Letter of King James VI. to the Duke of Lennox, asking him to accompany the King to England on the death of Queen Elizabeth, 27th March 1607 (1603).

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"Dearest Cousing and Counsallour, we great you hertlie "well. Hauing be our seruand laitlie gevin aduertisement "to you of the nearnes of the death of our vmquhile "dearest Sister, the Quene of England, and desirit yow "to prepair yourselff for our seruice, and accompanying ws as the wechtiness of that mater requirit: we have now ressauit the certantie of hir deceis, and that we ar proclamit thair King of England, Scotland, France, and "Ireland, with all solempnitie, and thairfoir, have thocht "guid to gif zow aduertisement thairof, and to desire zow "to addresse zourselff hither to ws in zour maist cumelie "and decent maner, to attend vpoun and accumpany ws, "and in cais ze cannot, in dew tyme, be ready and prepairit "befoir our taiking journay thither, that ze faill not to "follow ws with all diligence, as ze tender our plesour and "seruice. Sua we cammit zou to God. From Halyruid"hous, the xxvii. of March 1603. JAMES R.

"To our dearest Cousing and Counscellour, the Duke of "Lennox."

III.-The Menteith Muniments, containing the Charters and

correspondence of the Earls of Menteith and Airth, from the year 1170 to the year 1694, including unpublished Letters of King Charles the First, John Graham of Claverhouse, afterwards Viscount of Dundee, &c.

William Graham, the Eighth and last Earl of Menteith and Airth, having no children, conferred his territorial estates, comprising the Earldom of Menteith, on the chief of his family, James Graham, the fourth Marquis and afterwards the first Duke of Montrose. On the death of the Earl of Menteith in the year of 1694, the Marquis of Montrose inherited the landed Earldom of Menteith, and also certain Muniments connected with the estates. whole papers of the Menteith family were not, however, transferred to the Marquis. While the Marquis succeeded to the landed estates, Sir John Graham of Gartmore, whom the Earl had appointed his executor, succeeded to his personal property, and, in his capacity as executor, obtained possession of many of the Muniments of the family.

The

Such of the documents as came into the possession of the Marquis of Montrose, and are in the custody of his representative, the present Duke of Montrose, will now be reported on.

Among the documents are several letters from King Charles the First and King Charles the Second, on public affairs. William, seventh Earl of Menteith, and sometime Earl of Strathern, and afterwards Earl of Airth, held the office of President of the Privy Council of Scotland, and he was also High Justice of that kingdom.

His position brought him into confidential communication with King Charles the First, by whom he was consulted on many important affairs of State. The Earl, however, while high in Royal favour, got into trouble in consequence of the claim made by him as the lineal heir and representative of Prince David Stewart, Earl Palatine of Strathern, who was the eldest son of King Robert the Second, by his second wife Euphemia Ross.

The opponents of the Earl of Menteith represented to King Charles the First that the Earl had designs upon the Crown of Scotland. Having reported to His Majesty that the Earl boasted of his having the "reddest blood in "Scotland," and that he had a better right to the Crown than Charles Stewart, the King became alarmed, and the Earl lost the Royal favour.

Several of the documents contained in this Report refer to the proceedings connected with the Earldom of Strathern.

The Menteith letters include several from a celebrated Cadet of the Graham family, John Graham then of Claverhouse, afterwards Viscount of Dundee.

The last Earl of Menteith having, as already stated, no children, negotiations were entered into by him with the view of settling his title and estates on his Niece, Helen Graham, only child of Sir James Graham, the Earl's Uncle, and on any husband whom his niece might marry. Claverhouse was a competitor for the hand of the heiress, and for

DUKE OF MONTROSE.

UKE OF ONTROSE.

the succession to the Earl's titles and estates, with or without the lady. To accomplish his wishes he wrote long letters to the Earl, in which he urges his suit with characteristic vigour and persistency.

A collection of letters of John Graham, of Claverhouse, was printed for the Bannatyne Club in the year 1826. These were chiefly written by him when engaged on military duties to the Commander-in-Chief of the Forces in Scotland. They were hurriedly written, and the spelling is very peculiar. Referring to the spelling, Sir Walter Scott said that it would " disgrace a chambermaid," and a writer in the North British Review, founding on a remark of Lord Macaulay, says that the letters of Claverhouse would disgrace a "washerwoman." In his Memoir of the Viscount of Dundee, Mr. Mark Napier has commented upon these criticisms on the spelling of his hero. Had Mr. Napier been aware of the letters now brought to light in this Report, he would have been justified in pointing to them as fair specimens of the good and bad spelling of the noblemen of the period, while in force of expression and classical allusion, they far excel the style of ordinary correspondents.

It is unnecessary to specify in this Report all the Menteith Charters and correspondence, but the terms of the more ancient of the Charters, and several of the Royal and other letters will now be given.

Menteith Charters.

1. Charter by King William the Lion to William Noble, of two carrucates, and also two oxgates of land in Kenpunt, which Henry of Bohon, Earl of Hereford, gave to him, and also all that land in Ileuestune which the said Earl gave to the said William Noble. To be held of the Earl and his heirs as freely as stated in his Charter to William. Witnesses: Oliver, Chaplain to the King, William de Boscho, Clerk to the King, Thomas of Coluille, Alexander, the Sheriff of Clackmannan, Richard, son of Hugh Herbert de Camera. Dated at Clackmannan, 28 May, no year. [Circa 1200.]

2. Charter by Ralph Noble, Knight, son of William Noble, to David of Graham, and Agnes his spouse, for his homage and service, of the half of the Granter's dominical land of Kenpunt. This Charter has been much injured, and only portions of it are now legible. The names of the Witnesses are ... de Burdon, de Duglas, Sir Andrew de Douglas, his brother, Sir Alexander de Dalmahoie, Thomas of Kynros, Clerk to the King, Thomas of Brade, Henry, his brother, Ralph de Clerk, Richard de Nodres, William de Selmes, Adam, son of the Laird of Pomferiston, Richard Clerk, and others. [Circa 1245.]

3. Charter by Thomas Noble, with consent of Sir Ralph Noble, his father, and Ralph his brother, and of his other friends, to David of Graham and Agnes, his spouse, and their heirs or assignees, of the lands of Iliveston, with pertinents, which were held in heritable right from Henry, Earl of Hereford [31 January 1255]. Witnesses, Roger, Abbot of Neubotil, Sir Alexander Onieth, Sir John de Vallilus [Sir William] de Duglas, Sir Alexander de Dalmahoie, Ralph de Clerk, Richard de Nodris, William de Selmis, &c.

4. Resignation by Ralph Noble, with consent of his father, Sir Ralph Noble, to Thomas Noble, brother of the Granter, of all the lands which the Granter possessed in the village of Yliuistoun, by the gift of his father, Sir Ralph, with all claim which he had or could have in the said lands, with the pertinents; and containing a Ratification by the Granter of the Charter by Thomas, his brother, to Sir David of Graham, and Agnes, his spouse. 31 January 1555. Witnesses the same as in the immediately preceding Charter.

5. Charter by Patrick of Graham, Lord of Kincardine, with consent of his son and heir, Sir William of Graham, Knight, to his beloved son Patrick of Graham, by Euphemia, wife of the Granter, of the Granter's lands of Kynpunt and Yileistoun, in Lothian, and Shire of Edinburgh, and in the Constabulary of Linlithgow. To be held by the said Patrick and the heirs male of his body, and if the said Patrick die without heirs male of his body, Robert, son of the Granter, and brother of the said Patrick, to possess the said lands of Kynpunt and Yileistoun, and if the said Robert should die without heirs male of his body, David of Graham, brother of the said Patrick and Robert, to possess the said lands, and if the said David die without heirs male of his body, these lands shall come and descend to Alexander of Graham, son of the Granter, and to the heirs male of his body, whom failing, to any male to be procreated between the Granter and his said wife; and in the event of any son of the Granter dying without any heir male of his body, the said lands to be inherited by any other brother, and the heirs male of his body, all of whom failing, to the Granter's heirs whomsoever. Reddendo a silver

penny, payable to the Granter in the Chapel of Saint Peter, of Kenpunt, on the feast of Saint Peter ad vincula. Witnesses Mathew, Bishop of Glasgow; John, Bishop of Dunkeld; Robert, Earl of Fyff and Menteth, David of Lindsay, Lord of Glenesk; Thomas of Hay, Lord of Errol, Constable of Scotland, Thomas of Erskine, Lord of that Ilk, and Malcolm Fleming, Lord of Cumirnauld. Undated, but granted about the year 1388.

6. Confirmation by King Robert the Second, of the preceding Charter. Witnesses: Walter, Bishop of St. Andrews, John, Chancellor to the King, Bishop of Dunkeld; John, Earl of Carrick, the King's eldest son, Steward of Scotland; Robert, Earl of Fife and Meneteth, the King's son; Archibald, Earl of Douglas, Lord of Galloway; James of Douglas, Lord of Dalkeith, the King's beloved brother, and Thomas of Erskine, Knights. The confirmation is dated at Monros, 26th January, and eighteenth year of the King's reign [1388].

7. Charter by Robert, Duke of Albany, Earl of Fyfe and of Menteth, to William Olifaunte, son of Walter Olifaunte, of Kellie, Knight, for his faithful service, of the lands of Treyeneterraffe of Kyppen, in the Earldom of Menteth and Shire of Perth, on the resignation of the said Walter at Falkland. To be held by the said William and his heirs of the Granter, and his heirs in feu and heritage. Given at Falkland. Witnesses: George of Leslie, the Granter's Cousin, and Richard Cumyne, Knights, David of Lumsden, Michael of Nairn. Not dated, but probably granted about the year 1399.

8. Official Extract of Charter by Robert, Duke of Albany, Earl of Fife and Menteth, confirming a Charter by Patrick of Graham, Earl of Stratherne, with consent of Euphemia, his spouse, to his cousin Euphemia, of Lindsay, daughter of Sir Alexander Lindsay, Knight, late Lord of Glenesk, of an annual rent of five pounds Scots, from the two towns of Kinkell, in the Shire of Perth. The Charter is dated at Perth, 6th December 1406, and the Confirmation is dated at the same place, 15th December 1412. The Extract is under the hand of Sir John Hamilton, of Magdalem, Knight, Clerk Register.

9. Charter by Patrick, Earl Palatine of Strathern, with consent of his spouse, Euphemia, Countess of Strathern, ratifying and confirming to Sir John Edmonston, Knight, of that Ilk, the grants which Archibald, Earl of Douglas, Lord of Galloway, made to him of the lands of Tulyalon; to be held as in the Charter of the Earl of Douglas, under the form of ward and relief, reserving to the granter and his heirs a Suit of Court and the service used and wont. Dated at Perth, 1st April 1410.

10. Obligation (in the vernacular) by Patrick Graam, Earl Palatine of Strathern, with consent of Eufame, Countess of Strathern, his spouse, to Sir John Edmondstone, Knight, of that Ilk, whereby on the narrative that he, with consent of Eupheme, his spouse, had granted to the said Sir John a Confirmation of the grants made to him by Archibald, Earl of Douglas, Lord of Galloway, and of the lands of Tulyalon he bound himself so soon as the said Sir John should resign the said lands of Tulyalon into his hands, to infeft the said Sir John therein. Dated at Perth the 1st of April 1410.

11. Charter by Euphemia, Countess Palatine of Strathern, to her brother, Alexander the Grahame, son of William the Grahame, Knight, for his good and faithful service, of the lands of Callandermore and Callanderbeg in the Earldom of Strathern. To be held of the granter in feu and heritage for payment of homage, service, ward and relief, and three Suits of Court. Dated at Perth, 13th July 1414.

12. Warrant by Murdoch, Duke of Albany, Earl of Fife and Menteth, Governor of Scotland, under his Privy Seal, to William, Bishop of Glasgow, Chancellor, for passing a Charter under the Great Seal in favor of William, Lord of Graham, of the barony of Dundaff, lying within the Sheriffdom of Stirling, and of the Superiority of the lands of Kynpont, Elotston, Clifton, and Poumfrayston, in the Constabulary of Linlithgow, and Sheriffdom of Edinburgh, upon the resignation of William, Lord of Graham, in favours of himself and Patrick of Graham, son and heir of the deceased Alexander of Graham, who was son and heir to the said William, Lord of Graham, and to the heirs male of his body, which failing, to Alexander of Graham, second son of the said deceased Alexander of Graham, and the heirs male of his body, which failing, to John of Graham, son to the said William, Lord of Graham, and the heirs male of his body, which failing, to Robert of Graham, son of the said William, Lord of Graham, by Mariota, Countess of Angus, his second wife, and the heirs male of his body, which, failing to Patrick of Graham, second son of the said William, Lord of Graham, by the said Countess, and the heirs male of his body, which failing, to William of Graham, third son to the said William by the said Countess, and the heirs male of his body,

DUKE OF MONTROSE.

DUKE OF MONTROSE.

which failing, to Henry of Graham, fourth son of the said William by the said Countess, and the heirs male of his body, which failing, to Walter, of Graham, fifth son to the said William by the said Countess, and the heirs male of his body, whom all failing, to the nearest lawful heirs male of the said William, Lord of Graham, bearing the Surname and Arms of Graham, reserving to the said Mariota, Countess of Angus, her conjunct fee and right of terce of the said lands when the same shall happen. Witnesses, Walter Steuart of Fife and Menteth and of Leuenax, Robert, Lord of Erskyne, Vmphray Cuningham of Vchtermachane, Knight, Malcom Fleming of Biggar, Alexander of Livingstone, of Kalendar, and Alan of Otterburn, Secretary to the Governor. Dated at Stirling the 7th of January 1421, and of the Duke's Government the 2d year.

13. Charter by Murdoch, Duke of Albany, Earl of Fife and of Menteth, Governor of Scotland, to his beloved cousin William, Lord of Grahame, Knight, and the heirs before specified, of the Lands and Superiority mentioned in the immediately preceding Warrant. Witnesses: William, Bishop of Glasgow, Chancellor of Scotland, and the Granter's dearest son, Walter Steuart of Fife, Menteth, and of Leuenax, Robert, Lord of Erskyne, Vmphray of Cuninghame, Knight, and Alan of Otterburn, the Secretary of the Governor. Given under the Great Seal of Office of the Governor at Stirling on the 8th of January 1421, and in the second year of the Duke's Government.

14. Precept of Sasine by Walter, Earl of Athole and Caithness, Tutor in Law to Malise, Earl Palatine of Strathern, for infefting Patrick of Grahame, son and heir served and retoured, to Alexander of Grahame, his father, in the lordship of Kincardine, viz., the lands of Kincardine, Fosswal, Clone, Coale, and a third part of the lands of Nether Prony and Over Prony, and Wester Bardrale. To be held blench, and in the lands of Callenderbeg and Callandermore to be held Ward. Given under the Seal (which is defaced) of the Granter as Tutor at Methven, the 10th of November 1424.

15. Charter by King James the First of Scotland to his beloved cousin Malise, Earl of Menteth of the lands of Craynis, and many others in the shire of Perth, which are thereby erected into the free Earldom of Menteth. To be held of the said Malise and the heirs male of his body, which failing, to return to the King and his successors. Witnesses: John, Bishop of Glasgow, Chancellor to the King, John Forester, Chamberlain, Walter of Ogilvy, Treasurer, Robert of Laweder, Justiciar on the south part of the Water of Forth, Knights, and Mr. William of Foulis, provost of Bothwell, Keeper of the Privy Seal. Given under the Great Seal at Edinburgh, 6th September, in the 22nd year of the King's reign [1427].

16. Charter by King James the Third of Scotland, under the Great Seal, in favour of Malise, Earl of Menteith, and his successors, in consideration of provision to be made for the King, and his lieges when hunting in the hilly parts of Menteith, erecting the town of Port of Menteith, in the shire of Perth, into a free burgh of Barony. Dated at Edinburgh, 8th February 1466.

17. Notarial Transumpt of the Retour made at Linlithgow on the 2nd of May 1467, of the service of William, Lord of Graham, as heir to Patrick, Lord of Graham, his father, in the lands of Kilpont and Carlowrie within the Sheriffdom of Linlithgow. The Transumpt was made by John Tailfer, Notary Public at Edinburgh, on 10th May 1467.

18. Instrument of Sasine proceeding on Precept, by Malise, Earl of Menteith, of Patrick Graham, son and heir of the said Malise, in the hands of Craigwchty and Auchmar, in the Earldom of Menteith, and shire of Perth. Done upon the ground of the lands of Craigwehty, 19th October 1478.

19. Instrument of Sasine, on precept from Chancery to William, Lord Ruthven, Sheriff of Perth, in favor of Alexander, Earl of Menteith, as heir to Malise, Earl of Menteith, his Grandschyr," in the Earldom of Menteith. Done on the shore of the Lake of Inchmahomoh, between the said Lake and the Coldone, 6th May 1493.

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20. Mutual bond betwixt King James the Fourth and the following persons,-John, Earl of Athole, William, Earl of Errol, William, Lord Grahame, Alexander, Earl of Menteith, John, Lord Drummond, William, Lord Ruthven, John, Lord Oliphant, Sir William of Murray of Tullibardine, Robert the Meynzeis of the Weem, Archibald Edmonston, of Duntreath, James Herring, of Cluny, James Herring, of Tulliboyll, Sir John Rattray, of that Ilk, Humphrey Murray, of Aberkerny, Neil Stewart, of Fortingal, Alexander Robertson, of Strowan, John Moncreiff, of that Ilk, who all become bound to keep the persons dwelling on their lands from common theft, common receipt of theft, common great oppression, common receipt of rebels and

slaughters, in the terms therein specified. Dated at Perth, the 27th May 1501. [Old copy.]

21. Obligations by Alexander, Earl of Menteth, to William, Earl of Montrose, Lord Grahame, &c. anent an obligation by the latter to warrant and defend to the former the lands of Kynpunt and Elastoun in the shire of Linlithgow from recognition, and all process of forfeiture to be led by the King upon said lands. Dated at Edinburgh, 14th February 1508.

22. Charter by Alexander, Earl of Menteith, in favour of Henry Graham, his brother german, of the half of his lands of Gardrany, alias Auchmore, in the Earldom of Menteith and shire of Perth. Dated at Inchmahomo, 16th October 1510.

23. Charter by Alexander, Earl of Menteth, in favour of his cousin, Walter Graham of Lochcon, of the lands of Glasford, the 201. land of Deshoratoyre, and the 31. land of Blaruskanmore and Blarchaple, extending to a 10 merk land. To be holden feu of the Earl for payment of 20 merks yearly. Dated at Stirling, the 26th July 1518. Witnesses: Duncan Forester, of Garden, Walter Forester, of Torwood, Knights, Gilbert Graham, &c.

24. Instrument on the reversion executed by Walter Buchquhannan, of that Ilk, in favour of William Grahame, his grandson, son and heir of Alexander, Earl of Menteith, on payment of 400 merks of the lands of Dowloachton and others, which had been alienated by the deceased Malise Grahame, and the Renunciation by the said Walter Bachquhannan, in favour of Alexander, Earl of Menteith, and the said William Grahame of the office of bailiery of the earldom and lordship of Menteith, formerly granted hereditarily to him, as he affirmed, reserving to himself the enjoyment thereof during his lifetime only. Done within the Hall of the Manor of Vchiltre, near Linlithgow, 6th December 1519.

25. Instrument of Requisition in name of William Grahame, son and apparent heir of Alexander, Earl of Menteith, and of Margaret Moubray, spouse of the said William, requiring Walter Graham, and all others having interest to receive from the hands of the said William and Margaret in the Church of the Holy Cross of Stirling on the last day of July following, the sum of 500 merks for the redemption of the lands of Lochcon, with the island thereof, the lands of Myltoun of Aberfule, and others therein mentioned, according to the reversion thereof granted by the said Walter to Alexander, Earl of Menteith. Done within the parish church of Aberfule, 16th June 1521.

26. Instrument of Sasine proceeding upon precept from Chancery in favour of William Grahame as heir of his father, the deceased Alexander, Earl of Monteith, in the Earldom of Menteith, in the shire of Perth. Done at Ernthome, a part of the lands of the said Earldom, 16th May 1537.

27. Instrument of Sasine proceeding upon a precept of Chancery in favour of John Grahame, as heir of the deceased William, Earl of Menteith, his father, in the Earldom of Menteith, and lands of Kilbride and half merk lands of Wester Boquhople, &c. Done upon the ground of the said Earldom, at the Manor place of the same, and on the ground of the other lands respectively, 26th May 1547.

28. Commission by Mary Queen of Scots, countersigned by the Dowager Queen Mary, Regent of Scotland, in favour of John, Earl of Menteith, giving him authority to administer justice within the bounds of the Stewartry and Earldom of Menteith. Given under the testimony of the Great Seal, 16 August 1554.

29. Gift by Mary Queen of Scots in favour of William Grahame, son and apparent heir of the deceased John, Earl of Menteith, of the ward, non entry and relief of the said Earldom during the minority of the said William, and also of his own marriage, &c. And conferring power of intromitting with the rents of the said Earldom on certain conditions on Dame Marion Seytoun, mother of the said William, and on her daughter Mary Grahame, Lady Buchquhannane. Given under the Privy Seal at Stirling, 10th April 1565.

30. Dispensation by King James the Sixth (subscribed by the Regent Mar) in favour of William Earl of Monteith, with his minority in entering heir to his father John, Earl of Monteith. Dated at Leith, 28th October 1571.

31. Instrument of Sasine proceeding on precept from Chancery, in favour of William, Earl of Menteith, as heir of the deceased John Earl of Menteith his father, in the Earldom of Menteith, lands of Kilbride, of Wester Balquhoppill, and of Drongye in the shire of Perth. Done on the ground of the said lands respectively, 20th November 1571.

32. Letter of Collation by Mr. John Wynram, Superintendent of Strathern and Menteith, upon a presentation from the King with advice of James, Earl of Morton,

DUKE OF MONTROSE.

UKE OF

Regent, presenting to the said superintendent Malise GraNTROSE. ham to be Vicar of the Parish Kirk of Aberfoil, vacant

through Henry Seytoun, last Vicar, not appearing before the superintendent to qualify himself in terms of law. Dated at St. Andrews, the 10th day of July 1573.

This Collation is subscribed by Mr. Jhone Wynram, Superintendent of Straitherne. The seal of office is appended to this Writ.

33. Instrument of Sasine proceeding on precept from Chancery, in favour of William, Earl of Menteith, as heir of the deceased Robert Grahame, his father's brother, in the lands of Gartmoir, &c. Done at the principal Mansion of Gartmoir, 27th November 1573.

[Draft information concerning Gartmore is enclosed, and is as follows:

"My foir grandschyr William, Earle of Menteith, in the "lands of Gartmore to his son Robert and to the heires of "his body, quhich fayling to returne to his eldest sonne "Jhone. Robert had no heires, bot upon his deathbedd "he disponit the lands of Gartmore to ane younger brother "of his callit Gilbert. William, Earl of Menteith, my "gutcher raisit a briefe and served himself narrest heir to "his uncle Robert."]

34. Commission of Justiciary by King James the Sixth with advice of James, Earl of Morton, Regent, to William Earl of Monteith, for apprehending and judging a number of persons all highlanders (having "Mac" prefixed to their names) for the crimes of theft and reset of theft. Given under the testimony of the Great Seal at Holyrood house, 2d May 1574, the 7th year of his reign.

35. Precept of Clare Constat by John, Earl of Montrose, Lord Grahame, etc., and John Grahame, his son and apparent heir, as superiors, for infefting Grahame,

now Earl of Menteith, as heir of the deceased William, Earl of Menteith, his Great Grandfather, in the lands of Kilpunt and Yileston, in the shire of Edinburgh and Constabulary of Linlithgow. Dated at Auld Montrois, 9th July

1581.

36. Mutual Bond of friendship between John, Earl of Menteith, and Malcolm Mac Pharlane, fiar of Gartavertane. Malcolm Mac Pharlane promises his leill and true service to the Earl in rising, arresting, and fortifying him, with all that he may command of the surname of Mac Pharlane against all persons whatsoever, the King's Majesty, the Duke of Lennox, and Malcolm's chief alone excepted. Dated at the Downance, 6th March 1597.

37. Contract between William, Earl of Menteith, and Dame Mary Campbell, Countess of Menteith, his Mother, whereby for her regard to the standing of the house of Menteith, and the honour and welfare of the said Earl, her son, the said Dame Mary Campbell renounces in favour of the said Earl her liferent right of the lands of Kynpont, with the tour, &c., in the shire of Linlithgow; for which cause the said Earl, as principal, and Sir William Livingstoun of Kilsyth, Knight, one of the Senators of the College of Justice, Sir John Buchanan of that Ilk, Knight, and Walter Corunal of Bonhard, as Cautioners, become bound to pay to the said Dame Mary Campbell at Martinmas each year, 700 merks, for the duty of the said lands. Dated at Edinburgh, and Kinpont, the 10th, 11th, and 14th of December 1618.

38. Commission by King the James the Sixth to William, Earl of Menteith, for suppressing and punishing the crimes of theft, reset of theft and pykrie, which, it is stated, are come to be most frequent and common, within the bounds of the Earldom of Menteith; to continue for the space of one year. Given under the Signet at Edinburgh, the 15th of February 1621.

39. Bond of Dissolution and Procuratory of Resignation by Adam, Bishop of Dunblane, whereby on the narrative of the desolate congregation of Aberfuile for want of a pastor, where never in no man's memory living there was any resident Minister to preach the Word of God and minister his Holy Sacraments, wherethrough the most part of the parishioners thereof remains in great blindness and ignorance; and also narrating that William, Earl of Menteith, Lord Kilpunt and Kilbryde, heritor of the whole parish of Aberfoyle, had made a Contract of the date of said Bond, obliging himself and his heirs, for the weal of the souls of his tenants and vassals in the parish of Aberfoil, to provide a competent stipend to the Minister who shall serve the cure in the said parish in all time coming; and to make the Glebe and Manse "void and "rid" of the present possessors, the said Bishop dissolves the patronage of the said Church from the Bishopric of Dumblane, and gives a procuratory for resigning the same into the King's hands in favour of the Earl and his heirs. Dated at Logie, the 17th of September 1622.

40. Extract of a Procuratory by William Graham, fiar of Boquhaple, with consent of Margaret Stirling, his

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spouse, for resigning, ad perpetuam remanentiam, into the hands of William, Earl of Menteith, Superior, the four MONTROSE. merk land of Glasford, the 20s. land of Deshoreatoyr and 31. land of Blarnskanmore and Blairquhople, extending to a 10 merk land of old extent, lying in the Earldom of Menteith and Sheriffdom of Perth; which lands were disponed by umquhill Alexander, Earl of Menteith, to umquhill Walter Graham of Lochcon, foir grandschirs father to the said William Graham. This Procuratory is dated at Stirling and Kilbryde the 29th March 1625. Registered in the Register of Sasines at Edinburgh the same day, and registered in the Books of Session the 28th April 1625.

41. Instrument of Resignation, ad remanentiam, following upon the above Procuratory. Dated 29 March 1625. 42. Renunciation by John Graham of Poldore in favour of William, Earl of Monteith, of all right, title, and interest which he or umquhill William Graham of Duchray, his father, had or have in and to the lands called The Manse and Glebe of Aberfoil. Dated at Stirling the 21st March 1625.

43. Letter from King Charles the First dated at Whitehall, 15th March 1626, nominating John, Earl of Montrose, as President of the Privy Council, with Minute of Council following thereupon, dated at Holyrood House, 30th March 1626, installing the said Earl as President, conform to his Majesty's warrant.

44. Commission under the Great Seal by King Charles the First to William, Earl of Monteith, to be Justice General of Scotland for one year only after the date, upon the Resignation of the heritable title thereof by Archibald, Lord Lorne, as taking burden on him for Archibald, Earl of Argyll, his father. Given at Whitehall, 11th July 1628.

45. Commission under the Great Seal by King Charles the First to William, Earl of Monteith, President of the Privy Council, to be Justice General for one year after the 11th July 1629, and thereafter during pleasure, without prejudice of the Warrant lately granted by his Majesty to Archibald, Lord Lorn, of the Justiciary of the Isles, and others reserved by him after his resignation of the office of Justice General. Given at Whitehall, 24th March 1629.

46. Renunciation by William, Earl of Menteith, as heir of blood and successor to David, Earl of Strathern, son to King Robert the Second, and to Eupham Steuart, Countess of Strathern, his only daughter, and to Patrick Graham, Earl of Strathern, her husband, in favour of his Majesty, of the Earldom of Strathern, granted by the said King Robert to his said son David and his heirs, to be held in a free regality by his Charter under the Great Seal, dated at Edinburgh the 19th June, the 1st year of his reign, and by his other Charter, dated at Perth the 3d July, the said first year of his reign, with the addition of the four points of the Crown; and that out of his affection to his Majesty, and that the said Earldom had been in possession of his Majesty since the reign of King James the Second, this Renunciation being always without prejudice of the Earl's right to the lands of Kilbryde, which are a part of the said Earldom, and to any other lands in Scotland which he has right to. Dated at Holyrood House, the 13th August 1629.* 47. Gift under the Privy Seal by King Charles the First, in favour of William, Earl of Monteith, President of the Council, in consideration of his services, of 5,000l. sterling, to be paid out of the first and readiest of His Majesty's rents and revenues. Dated the 1st of September 1629.

48. Commission under the Great Seal by King Charles the First to William, Earl of Monteith, President of the Privy Council of Scotland, to be President of the said Council, with the rank of precedency immediately after the Lord High Treasurer. Dated 3d December 1629.

49. Minute of Privy Council held at Holyrood House, 7th January 1630, on the Installation of William, Earl of Monteith, as President of the Privy Council, in terms of Letters Patent under the Great Seal of King Charles the First, appointing the said Earl to that place and office, with all honours, dignities, privileges, &c. pertaining thereto, with place and presidency in all time coming, and in all places next and immediately after the Lord High Treasurer of this Kingdom. Dated at Whitehall, 3d December 1629.

50. Letters of Procuratory by William, Earl of Menteith, appointing Procurators for serving him heir to David, Earl of Strathern, Euphame, Countess of Strathern, his only daughter, Patrick, Earl of Strathern, her spouse, and Malise, Earl of Menteith, their only son and heir. Dated at Edinburgh, 14th April 1630.

51. Gift under the Privy Seal by King Charles the First,

Another and more ample Renunciation of the Earldom of Strathern was granted by the Earl of Monteith on 22d January 1630. [Original in H.M. General Register House, Edinburgh.]

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in favours of William, Earl of Menteith, Lord President of the Council, and High Justice of Scotland, of 3,000l. sterling to be paid out of the first and readiest of his rents and revenues, in consideration of the Earl's services; and specially in his late voluntary resignation and surrender of his claim and title of the lands of the Earldom of Stratherne, with the privilege of regality and four points of the Crown, to which he has right as heir of blood of umquhill David, Earl of Strathern, his predecessor, of whom he is lineally descended. Given at the Court of Whitehall, 11th June 1630.

52. A short Note of those particulars that the President of Session, the Secretary and Director of the Chancelary, have set under their hands to his Majesty, concerning the earldom of Strathern. [Circa 1630.]

(1.) David Steward, Earl of Strathern, was eldest lawful son to King Robert the Second and Eupham Ross, his first wife.

(2.) William, Earl of Monteith, affirms himself to be successor and lawful heir of blood to the said David.

(3.) The King has accepted a renunciation with reservation of the said Earl Monteith's right and dignity of blood as heir of line to the said David. (4.) The King acknowledges the said Earl undoubted lineal heir of blood to the said David.

(5.) The said Earl, by inquest of 15 noblemen, is
acknowledged, served and retoured lawful heir to
the said David, May 1630, and this either be re-
duced within six months, or else will ever stand
irreducible.

(6.) The King himself acknowledges the said Earl to
be retoured as undoubted heir of blood to the
said David, under his hand and Great Seal.
(7.) The said Earl neither had nor can have right to
the said earldom nor barony of Urquhart, the
same being annexed to the Crown by King
James 2d, and never since dissolved.

(8.) The said Earl can never be infeft in the said earl-
dom, as he is bound in the Renunciation, the
same being annexed as said is.

(9.) The said Earl notwithstanding of this annexation,

does affirm himself to have good right to claim the same earldom although he had none, and acknowledges to have received satisfaction and recompense for the same.

(10.) The said Earl has intended reduction against His Majesty's vassals of the barony of Urquhart upon his new grant, and thereby takes from His Majesty their superiority.

(11.) The said Earl may serve himself heir as well to King Robert II., as he did to David his eldest son, if the case was amongst subjects.

53. Commission under the Great Seal of Scotland by King Charles the First to William, Earl of Monteith, to be President of the Privy Council during life, and to have precedency immediately after the Lord High Treasurer. Given at Greenwich, the 16th May 1631.

54. Warrant under the Privy Seal of King Charles the First for payment of 15,000l. sterling to William, Earl of Strathern and Menteith, Lord President of the Privy Council, in respect of his services and the charges of his frequent repairing to the King's Court at his special direction. Dated at Whitehall, 28th December 1631.

55. Ratification by King Charles the Second in favour of William, Earl of Strathern and Menteith, of the grant of 15,000l. and of new re-granting the same in favour of the Earl. Given under the Great Seal at Whitehall, 16th February 1632.

56. Patent by King Charles the First creating William, Earl of Monteith, Earl of Airthe, with place, priority, and precedency as in the Charter of Erection of the Earldom of Monteith by King James the First in favor of Malise, Earl of Menteith. Dated at Whitehall, 21 January 1633.

57. Information to His Majestie concerning Stratherne from the Erle of Airthe. [Circa 1633.]

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My wyfe hes writtin to me that your Majestie said to "her that I went too farr on in the bussines of Stratherne. "This greeves me not a litle, seeing zou know that I went "not one foote nather in the begining, progres, nor ending, "but be zour advocates advyse and directione, and zour

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Majestie's owne allowance; first when I shew all my "evidents befor the prescriptione to him he advysed and "directit me to renunce, which I did. Therefter, when 1 was in England with zour Majestie, the Advocate writ to me to serve my self heire to Erle David, which I gave way "to, and in my absence he did it; then he desyrit me to renunce over againe, which I likwayes did; and almost "three zeares efter this was done, Sir James Skeene, Sir "Johne Scot, and Sir Archibald Achisone brought this "service in questione, becaus of their particular splen at me,

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"and at the Advocate for not seconding their base ends, and "did signe ane paper which they send wpe to zour Majestie, MONTROSE. which is meerlie treasonable, and zit is past by, and words (which I protest to God I never spoke) ar chased throw twentie hands. Efter this paper came to zour Majestie, I came wpe to England, and desyrit to know what zou "wold have done in that bussines of Stratherne, for I desyrit not to keepe that styll which was once brought in questione, and Sir Johne Hay (now Clerke of Register) "drew wpe one letter (which zour Majestie signed) to zour Advocate, commanding him to call to himself wther three "of the best advocats in Edinburgh, and all of them to advyse togidder whether it was fitt that the services of David, Erle of Stratherne, should be reducit or not, and "all of them did signe that it was fitt to reduce them, which I gave lykwayes way wnto, and writ upe to Sir John Hay, "who was then at Courte, and desyrit him to aske if it was zour Majestie's pleasure that the Reductione should goe on; he writ bake to me it was; which letter I have. "This is my proceeding in the bussines of Stratherne; judge then how I have been wsit, and I trwst that one day God will judge betwixt these calumniators and me. "I wish zour Majestie knew their harts and myn alsweill as zow see their bodies, and then zow wold easilie make "the difference, and know who war the most loyall subjects "God will doe this in his owne tyme, altho' for the present "I be made miserable and the subject of oblequie of the "heall kingdome, and my creditors hes alreddie served in"hibitiones against me, as if I war a bankeroupt, and befor I was zour Majestie's actuall servant I protest to God I may say I never knew what it was to be cravit for moneyes.

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58. Extract Act of the Privy Council of Scotland approving of the service of John, Lord Kilpont, in apprehending of John Don Macgregor, a common and notorious thief, within the bounds of the jurisdiction of the Earl of Airth, the said Lord's father, and that the trial of the said criminal shall not be prejudicial to the right of the Earl of Airth of judging malefactors apprehended within his bounds. Dated 15th December 1636.

59. Letter from King Charles the First to the Privy Council of Scotland, to free the Earl of Airth from his confinement, as follows:

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"Charles R., Right reverend father in God, right trustie " and weil beloved counsellor, right trustie and well "beloved cousins and counsellors, and trustie and weil "beloved counsellor, wee greet you weele, whereas wee were formerlie pleased, out of our princelie judgment, vpon iust considerations moveing wa, at that tyme, to confyne the Earle of Airthe, aecording to the order given "for that purpose, wee are now pleased, out of our gratious "favor, to enlarge him; And it is our pleasure that by Act "of Councell, or anie other legall way requisit, you free him "from the said confynement. For doing quhairof these "sall be vnto you sufficient warrant. From our Court at "Whythall, the last day of November 1637." And also Act of the Privy Council, for enlarging the Earl of Airth, in terms of the letter of the King. Dated 14th December 1637.

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60. Letter from King Charles the First to the Privy Council of Scotland, to admit the Earl of Airth to all meetings and consultations of Privy Council, as follows :— Charles R. Right trustie and weil beloved cousin and "counsellor, right trustie and weil beloved cousins and counsellors, right trustie, and trustie and weil beloved "counsellors, Wee greet you weele; whereas wee were pleased by a former lettre to you to caus enlarge our trustie and weil-beloved Cousin and Counsellor, the Earle "of Airthe from confynement, quhairvpon ane Act of "Counsell wes made; it is our expresse pleasure and "command, that you now call for him and admit him heir"after to all your meitings and consultations of our Privie Counsel, as one of your nomber, causeing ane act theirof "to be made heirvpon; for both which these presents sal be your warrand. Wee bid you fareweele from our Court "at Berwick, 24th June 1639." And also Act of the Privy Council thereon, admitting the Earl of Airth, who was personally present, to be one of the ordinary members of the Privy Council, 8th August 1639.

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61. Commission by King Charles the First to the Earls of Airth and Linlithgow, and the Lords Kinpunt, Livingston, and Elphinston, to be his Majesty's Lieutenants and Commissioners within the whole Shire of Stirling, with power to convene all good subjects, as well horse and foot, sufficiently armed and provided with muskets, pikes, lances, and all other kinds of arms, offensive and defensive, and with fire, sword, and all other manner of hostility, to pursue and prosecute the rebellious subjects who have taken arms against his Majesty's authority. The warrant is superscribed with the King's own hand, but the date is left blank. It was probably granted about the year 1640.

62. Petition of Alice Sellick, widow, to his Grace the

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