CHAPTER VII.

THE THANAGES AND THEIR EXTINCTION.

[Sidenote: Review of the Thanages and their conversion into Baronies.]

Such being the process by which the ancient tribe in the eastern

districts passed into the thanage, the events which followed the death

of Alexander the Third produced a change which entirely altered this

position, so that the thanage in its original form may be said to have

ceased with the dynasty of kings of which he was the last. The war with

England which followed, the conflict between two families of Norman

descent for the succession to the crown, the numerous confiscations of

their respective partisans which accompanied it and led to their

possessions falling to the Crown and the final establishment of a Norman

dynasty of kings, naturally created a great revolution in the

land-tenure of Scotland; the extension of the feudal holding of ward and

relief became the established policy of the Crown, and the ancient

Celtic tenures gradually gave way before the advancing feudalism, and

eventually disappeared under its influence.

After the wars of independence and succession we find most of the

thanages had reverted to the Crown, and they were usually re-granted to

Norman barons on a feudal tenure for military service. This will be

illustrated by three charters of David the Second, all granted in the

same year. By the first he infefts his cousin, Walter de Lesly, knight,

heritably in the thanage of Aberkerdor and its pertinents in the county

of Banff, and in the thanages of Kyncardyn; and then follows this

instructive clause:—‘Yet because perchance the heirs of the thanes who

anciently held these thanages in feu-farm might recover these thanages

to be held in future as their predecessors held them, we grant to our

said cousin, that if these heirs, or any of them, recover these

thanages, or any of them, our said cousin and his heirs shall hold and

possess the services of the heirs or heir of the said thanes or thane,

and the feu-duties or feu-duty anciently due from the thanages or

thanage.’ This clause seems to have interposed no obstacle to the feudal

tenure of the thanages being completed, for it is followed by two

charters to Walter de Lesly,—one of the fee of the thanages of

Kyncardin, Aberluthnot, and Fettercairn, with their bondmen, bondages,

and followers, and erecting the same into a feudal barony, with the

usual jurisdiction, and under the obligation of rendering military

service; and another of the thanage of Aberkerdor, likewise erected into

a barony in similar terms.[313]

A review of the thanages still existing at this time, with such

information as the records afford us, will complete this view of their

position.

[Sidenote: Thanages in Moray and Ross.]

Beginning with the north, we find in the great province of Moray and

Ross but one thanage situated north of the Moray Firth, that of

Dingwall; but we have merely a mention of its name in 1382 and 1383,

when Euphame, lady of Ross, resigned the thanage and castle of Dingwall

in the hands of the king for a re-grant.[314] Of the mythic thanage of

Crumbachtyn or Cromarty, with which Wynton invests the usurper Macbeth,

we find no trace whatever. Proceeding to the southern shores of the

Moray Firth, we find a belt of thanages extending from the river Nairn

to the Spey. Between the river Nairn and the burn of Lethen, which falls

into the Findhorn near its junction with the sea, lay the four thanages

of Dyke, Brodie, Moyness, and Cawdor. In a charter by Alexander the

Second to the bishop of Moray, in the twenty-fourth year of his reign

(1238), he grants twenty-four marks of the feu-duty (_feodofirma_) of

Moythus or Moyness and sixteen marks of the feu-duty of Dike and

Brothyn, by the hands of his _feodifirmarii_ of these lands.[315] In an

Extent of the lands of Kylravoc and Estir Gedeys in 1295, William, thane

of Moythes, and Donald, thane of Kaledor or Caldor, are among the

jurors; and in 1311 Michael, son of Malcolm, thane of Dyke and Brodie,

is mentioned; but it is only with regard to the thanedom of Caldor that

we have any information beyond the mere mention of the name. There is

preserved at Caldor an original charter by Robert the First to William,

thane of Caldor, in which he grants to him in feu-farm (_ad

feodofirmam_) the whole thanage of Caldor, with its pertinents, for an

annual payment of twelve marks, as was wont to be paid in the time of

Alexander, king of Scotland, our predecessor last deceased, to be held

by him and his heirs of us and our heirs heritably in feu-farm,

rendering to us the service due and wont to be rendered in the time of

King Alexander.[316] This charter refers back to the time before the war

of independence, when the thanage-tenure was still preserved intact. The

thanage appears afterwards to have been held of the earls of Ross, but

in the forfeiture of the earl of Ross in 1475 it fell once more to the

Crown, and is confirmed by King James the Second to William, thane of

Caldor; and his whole lands are erected of new into a thanage, with the

privileges of a barony, and the feudal holding by ward and relief is

combined with the customary annual payment,—thus retaining the name of a

thanage while the character of the tenure is altered.[317] Among the

lands incorporated in the new thanage were lands in the parish of

Urquhart in the Black Isle, detached from the old thanage, and they

afford a curious instance of the retention of the old Celtic name by a

Gaelic-speaking population, for these lands became known by the term of

_Fearintosh_ or the _Toishach’s_ land. Between the Lethen Burn and the

Lossie lay the extensive thanage of Moravia or Moray, of which the

forest of Darnaway appears to have formed a part.[318] We find this

thanage mentioned in the Records, but have no particulars of its

history; but it is no doubt from it that the family of De Moravia took

its name, the earliest possession of this family having been Duffus,

which, if not a part of it, was at least adjacent to the thanage.

On both sides of the Lossie lay the thanage of Kilmalemnok, the greater

part of which forms the parish of St. Andrews; and a charter by

Archibald, Earl of Douglas, to James Douglas of Balvany, confirmed by

King James the First, includes ‘all his lands lying in the thaynedomes

in the lordship of Kilmalaman.’[319] The only other thanage in this

province of which any mention is preserved was that situated in the

interior of the country, as in 1367 Joannes de Dolais was thane of

Cromdale, a district on the river Spey, at some distance from its

mouth.[320] Besides the mention of these thanages, which are mainly to

be found in the more level districts adjacent to the sea, we are not

without indications that the different classes which, according to

Fordun, were connected with the thanages, likewise existed in the

interior districts of this province. Thus in an agreement between the

bishop of Moray and Walter Cumyn, between A.D. 1224 and 1233, regarding

lands in Badenoch, it is provided with regard to the native-men

(_nativi_), that the bishop shall have all the cleric and two lay

native-men—viz. Gyllemaluock Macnakeeigelle and Sythad mac Mallon, with

all their chattels and possessions, and with their children and all

their posterity, and the chattels of their children; and Walter Cumyn to

have all the other lay native-men of lands in Badenoch; and when, after

the war of independence, Robert the Bruce erected the whole lands

extending from the Spey to the Western Sea into an earldom of Moray in

favour of his nephew Thomas Randolph, the earldom was granted, with all

its manors, burgh townships, and thanages, and all the royal demesnes,

rents, and duties, and all barons and freeholders (_libere tenentes_) of

the said earldom, who hold of the Crown _in capite_, and their heirs

were to render their homages, fealties, attendance at courts, and all

other services, to Thomas Randolph and his heirs, and to hold their

baronies and tenements of him and his heirs, reserving to the barons and

freeholders the rights and liberties of their own courts according to

use and wont; and Thomas Randolph was to render to the king the Scottish

service and aid due as heretofore for each davach of land.[321]

[Sidenote: Thanages in Mar and Buchan.]

Crossing the Spey and entering the province of Mar and Buchan, a rental

of the crown lands in the reign of Alexander Third furnishes us with the

names of ten thanages, with their yearly values. These are Aberdeen,

Kyntor, Fermartyn, Obyne, Glendowachy, Aberkirdor, Conuath, Bugh,

Munbre, Natherdale.[322] Of these thanages we find a line extending from

the shore of the Moray Firth to the eastern sea at Aberdeen, and

separating the eastern portion of Buchan from the inland districts on

the west. The first of these thanages extends along the shore from

Cullen to Banff, and includes the parishes of Boyndie, Fordyce,

Deskford, and Ordiquhill, forming the greater part of the district of

Boyne, which, with that of Enzie, makes up the modern county of Banff.

It consisted of two parts,—the thanage of Boyne properly so called,

containing the parish of Boyndie and parts of Fordyce and Banff, and the

forest of Boyne adjoining it in the south. Of the early history of this

thanage we have no information, till we find it converted into a feudal

barony by King David II., who grants a charter in 1368 to John de

Edmounstone of his whole lands of his thanage of Boyne, with an annual

rent of four pounds from the town of Banff, to be held as a barony, with

the tenandries and services and homages of the freeholders

(_liberetenentium_). The forest of Boyne appears to have remained in the

Crown.[323]

East of this thanage was that of Glendowachy, also called Doune, which,

in the Rental of Alexander the Third is valued at twenty pounds yearly.

It appears to have been granted by Robert the First to Hugh, earl of

Ross, but in 1382 Robert the Second grants to John Lyounn, knight, the

whole lands of the thanage of Glendowachy, which had fallen to him by

escheat from the late William, earl of Ross, who had alienated it

without the royal consent—to be held by him for the accustomed services.

Adjacent was the small thanage of Munbre, valued in the Rental at

thirty-four pounds eight shillings and eightpence.[324]

South of these thanages lay those of Aberkerdor and Natherdale,

co-extensive with the parish of Marnoch, and that of Conveth, with the

parish of Inverkeithnie. Of these thanages we have some information

prior to the war of independence. Between 1286 and 1289, Simon, thane of

Aberkerdor, founds the chapel of Saint Menimius on the banks of the

Dovern, and grants certain lands to it; and in an inquisition regarding

this foundation in 1369, it is found that Simon was thane of the two

thanages of Conveth and Aberkerdor, and owing to derelict against the

king he had seized both thanages, on which Simon made over six davachs

of Conveth to the earl of Buchan, in order that he might recover the

other thanage of Aberkerdor, and founded the chapel in consequence. He

appears to have had an only daughter and heiress, and the thanage of

Aberkerdor is found in the Crown in the reign of David II., who includes

it in the grant to Walter de Leslie formerly noticed,[325] in whose

favour it was erected into a barony.

From the thanage of Conveth, co-extensive with the parish of

Inverkeithnie, to the eastern seaboard between the Ythan and the Don,

lay the extensive thanage of Fermartyn, the principal seat of which was

Fyvie. Its annual value in the reign of Alexander the Third was 120

marks, and it appears to have been farmed by a tenant, as _Reginald

Firmarius de Fermartyn_ accounts in the Chamberlain Rolls of that reign

for its _firma_ or rent.[326] It consisted, like other large thanages,

of thanage and forest, and among the missing charters of Robert the

First is one to Sir John Broun of the thanage of Fermartyn, and another

to Patrick de Monteath of the office of forestership of Killanell and

Fermartyn, showing that the forest had become a royal forest; David the

Second, however, grants one-half of his thanage of Fermartyn to William,

earl of Sutherland, for his life, with its tenandries and services of

the freeholders (_liberetenencium_), and with its bondmen, and their

bondage services, native-men and their followers, to be held in free

barony, and his heirs to hold it in ward and relief. The other half of

the thanage was held, as appears by the Chamberlain Rolls, by Thomas

Isaak, but it appears to have again fallen to the Crown, and is finally

granted by King Robert the Third as a barony to Henry de Prestoune, with

the town and castle of Fyvie.[327] Adjacent to Fermartyn on the

sea-coast was the smaller thanage of Belhelvie. We know nothing of its

history as a thanage prior to the war of independence, but in 1323

Robert the Bruce confirms to Hugo de Barclay for his homage and service

the lordship of the thanage of Belhelvie, with the lands of Westerton,

Keer, and Egie, within the said thanage, with the office of sergand, and

the _Can_ of the church land of Belhelvie, extending to forty-pound land

and rent, to be held as a free barony, rendering the Scottish service

pertaining to a forty-pound land, and the lands to return to the king on

failure of heirs of the body.[328]

Between the rivers Dee and Don, which formed the old earldom of Mar,

were five thanages. The old town of Aberdeen, on the south bank of the

Don, near its junction with the sea, appears as a thanage in the reign

of Alexander the Third. It is included as such in the Rental of the

crown lands with the annual value of fifty merks, and in the Chamberlain

Rolls for 1264 the sheriff accounts for twelve pounds received from the

thane of Aberdeen; while in 1358 one-half of the thanage of Aberdeen

appears in the Crown, and the other half in the hands of John Herys by

concession of the king.[329] One of the missing charters of the reign of

Robert the First is one to the burgh of Aberdeen of the forest of

Stocket, which was no doubt the forest of the thanage. It merges after

this time in the town and town lands of Aberdeen.

One of the most important and instructive thanages between Don and Dee

was that of Kyntor, now Kintore. It appears in the Rental of the crown

lands in the reign of Alexander the Third, with the annual value of 101

merks, and in the Chamberlain Rolls of 1264 the sheriff receives £17 :

13 : 4 from the thane of Kintor. This thanage was of considerable

extent, and, with the exception of a small part on the north side of the

Don, extends along that river on its south side for about ten miles, and

approaches on the south-east to within a mile of the river Dee. In that

part of the thanage which is separated from the rest by the river Don is

the church of Kinkell, a name which signifies the chief _Cill_ or

church. This church had several chapels dependent upon it. Five of these

were the chapels of Kintore, Kemnay, Kinnellar, Skene, and Dyce, all now

erected into separate parishes, and this gives us the extent of the

ancient thanage. Part of the old parish of Kinkell lay on the south side

of the river Don, and this part formed the lands of Thaneston, or the

Thane’s town. South of it lay the forest of Kintore, with the ancient

keep of Hallforest. The name of the thanage, Kintore, contains the same

prefix of _Kin_ or _Ceann_, signifying chief, and the latter part of the

word is probably _Torr_, a mound or castle. These two names of Kinkell

and Kintore—the one the name of the principal church, the other that of

the thanage, or tribe territory which surrounded it—illustrate a passage

in the Book of Deer, where we find mention of the burdens that fall ‘on

the chief tribe residences of Scotland generally and on the chief

churches’ (_Ardmandaidib_, _Ardchellaib_). The charters which follow the

war of independence show very clearly the different classes by whom the

thanage was occupied. In 1324 Robert the First confirms to Robert de

Keith all the lands and tenements he held of the Crown _in capite_, and

these include the forest of Kintore;[330] but in the following reign it

appears to have been in the Crown, as David II. dates several of his

charters from his manor of the forest of Kyntor;[331] but in 1407

Robert, duke of Albany, confirms a charter by William de Keith to his

son Robert de Keith of the lands and barony of Aldene, and of the forest

of Kyntor, with the freeholders (_liberetenentibus_) of said lands and

their services.[332] The thanage itself forms the subject of other

grants. In 1375 Robert the Second grants to John de Dunbarre, earl of

Moray, all and whole our lands of the thanage of Kyntor, reserving,

however, the tenandries, freeholders (_liberetenentibus_), lands of the

freeholders, and the _Cans_, due to us from the said thanage, to be held

as a barony, with the bondmen, bond services, native-men and their

followers, for military service. This is followed by another charter in

1383, in which the lands of the thanage of Kyntor are granted, along

with the tenandries, freeholders, and lands of the freeholders, and

_Cans_ due from the thanage reserved in the previous charter, but still

reserving the tenandry of Thaynston. This tenandry appears, however, to

have passed likewise to the earl of Moray, and to have been held under

him by a family of the name of Gothynnis, and to have fallen to

co-heirs, for in 1450 Katerina de Gothynnis sells to Thomas Wardrop the

fourth part of the lands of Thaneston, in the thanage of Kyntor, and the

fourth part of the annual rent of Kynkell. In 1465 James III. confirms

to Thomas Wardrope of Gottinys the lands of Thaneston, with the annual

rent of ten shillings from the lands of Kynkell; and in 1467 Alexander

Wardrope sells the lands of Thaneston, and the annual rent of thirty

shillings from the lands of Kynkell, along with the township of

Foulartoun, adjacent to said lands of Thaneston, in the thanage of

Kyntor, and all _Cans_ of oats and cheese, and all money in name of

_Ferchane_ due to him and his heirs from the lands of Kynkell and Dyse,

within the said thanedom, rendering to our lord the king the usual and

customary services.[333] The word here used of _Ferchane_ is the Gaelic

equivalent of _manred_ or _manrent_, the homage and service due by a

bondman, which was by this time very generally commuted to a money

payment, as we see from a rental of the bishopric of Aberdeen, dated in

1511, where the rent of each holding paid in kind concludes with a sum

of money amounting to 3s. 4d. for each two ploughgates, _pro bondagio_,

in lieu of the services of the bondmen.[334]

On Deeside, at some distance from its mouth, were three thanages—those

of O’Neill, Birse, and Aboyne. The thanage of O’Neill is merely

mentioned in a list of the second tithes due to the bishop of Aberdeen,

who drew tithe from it, but as it is not contained in the rental of the

crown lands in the reign of Alexander the Third, and the lands of

O’Neill had fallen in that reign to the great nobleman Alan Durward, in

part of a succession derived from the earls of Mar, it is probable that

was a thanage held of these earls. The thanage of Birse lies on the

south side of the river Dee, and is separated from O’Neill by that

river, and of this thanage we have a very early notice, for King William

the Lion in 1170 grants to the bishop of Aberdeen his whole lands of

Brass, now Birse, consisting of sixteen townships under the kirkton or

church land, and likewise the royal forest of Brass, with all the

native-men of these lands, the thanes, however, being excepted. This

exception is somewhat similar to the grant of the thanage of Kyntor with

the exception of Thaneston, and as Thaneston was eventually conveyed by

the Crown, so by a subsequent charter in 1241 Alexander the Second

confers upon the bishops the right to hold the whole lands of Birse in

free forest without excepting the thane’s land, and thus terminated the

thanage.[335] Farther up the Dee was the thanage of Obeyn, now Aboyne,

from which likewise the bishop draws second tithes. In 1328 we find this

thanage mentioned in the Exchequer Rolls as being then in the hands of

Sir Alexander Fraser heritably. The _firma_ or rent of this thanage,

amounting to £100, belonged in 1348 to the queen.[336]

[Sidenote: Thanages in Angus and Mearns.]

Separated in part by the river Dee and in part by the great chain of the

Mounth, and extending south as far as the Firth of Tay, lay the great

province of Angus and Mearns. The latter earldom, which was much the

smaller of the two, seems from an early period to have fallen to the

Crown, and upwards of two-thirds of its territory was composed of

thanages. These form two groups. The first extended from the river Dee

to the Eastern Sea at Stonehaven, cutting off the north-east corner of

the earldom, and consisted of the two thanages of Durris and Colly or

Cowie. Both thanages were in the Crown as early as 1264, when we find

the sheriff of Kincardine charging the expense of repairing the houses

of Collyes and Durris, and both possessed forests which had become royal

forests, for we find John, earl of Buchan, _custos_ or keeper of these

forests in 1292.[337] The earl of Buchan was forfeited in 1305, and

twenty years after, in 1328, King Robert the First grants to Sir

Alexander Fraser and his son John, the king’s nephew, the forest of

Cragy, in the thanage of Cowie, afterwards called the forest of Cowie,

and in the same year there is the note of a missing charter to Sir

Alexander Fraser of the thanage of Cowie.[338] There is also a notice of

a missing charter of King David the Second to William Fraser and

Margaret Murray his spouse of the thanage of Durris and thanage of

Collie, which thanage of Collie was Alexander Fraser his father’s, with

the lands of Eskyltul, in Kincardine. In 1359 we find the bishop of St.

Andrews accused of having unjustly obtained the _Cans_ of the kirkton of

Durris, but the sheriff, William de Keth, charges himself with the

_firma_ of the thanages of Colly and Durris, but not the forest of

Colly, which is said to be in his hands by concession of the king.[339]

In 1369 King David II. grants to Alexander Fraser the lands of the

thanage of Durris, which is erected into a barony,[340] and the thanage

of Cowie shared the same fate, as, though no charter is extant,

Alexander Fraser, lord of the baronies of Colly and of Durris, grants in

1400 a charter in favour of his son of certain lands in the barony of

Durris, which is confirmed by the king.[341] Robert de Keith, son of

William de Keith and Margaret Fraser, gets a charter from Robert II. of

‘the forest of Colly, the forest called the forest of the Month, the

lands of Ferachy, Glastolach, Cragy, Clochnahull, whilk of old was of

the thanage of Colly and vicecom. Kincardin.’[342]

The other group of thanages forms the southern part of Mearns, and

extends from the Grampians to the sea. The most westerly are those

styled the thanages of Kyncarden, and consist of those of Kyncarden,

Fettercairn, and Aberbuthnot. These three thanages, with the park of

Kyncardyn, the castle and the _Cans_ of the same, appear in 1359 as in

the hands of the Earl of Sutherland by royal concession.[343] Kincardine

was from an early period a royal seat, and Robert the First confirms to

Alexander Fraser six arable acres in the tenement of Auchincarie

adjoining the royal manor of Kincardine. It embraces the greater part of

the parish of Fordun, and as we find in it the name of Kinkell, there

may probably have been a chief church corresponding to the name of

Kincardine, as the same term of Kinkell did to Kintore. The thanage of

Fettercairn is co-extensive with the parish of that name, and contained

in it lands called the Thanestone, that of Aberluthnot with the parish

of Marykirk. How these three thanages became converted into feudal

baronies has already been noticed. On the west side of Fettercairn was

the small thanage of Newdosk, which once formed a parish, now united to

Edzell. Among the notices of missing charters is one by David II. to

Ronald Chene of the thayndom of Newdoskis, and in 1365 he grants to Sir

Alexander de Lyndesay all his lands in the thanage of Newdosk, to be

held as a free barony.[344]

On the west side of Kincardine was the important thanage of Aberbuthnot,

now Arbuthnot. It contained twenty-three townships, beside the kirkton

or church land of Arbuthnot. This thanage appears originally to have

been co-extensive with the parish of Arbuthnot, and to have been broken

up by King William the Lion, who grants the lands of Altrethis, now

Allardyce, to the ancestor of that family, and the thanage itself to

Osbert Olifard the crusader, while the lands of Kair, consisting of four

townships, and those of Inchbreck, appear as separate possessions. The

entire parish appears to have contained fifty-four ploughgates of land,

giving an average of two ploughgates or a half davach to each township;

but in the eighteenth century the separate possessions consisted of

fourteen farms of two ploughgates each, twenty-two of one ploughgate,

five of half a ploughgate, and six of a quarter ploughgate or

husbandland.[345] This is probably a fair enough picture of how the land

had been occupied in older days by the different classes of its

possessors, and if the ploughgate in the main represents the Welsh

_Tref_ the entire thanage in its oldest state was the equivalent of the

Welsh _Cymwd_.

A curious insight into the ancient state of this thanage is given us by

a document, the original of which is preserved at Arbuthnot House. It is

a decreet of the Synod of Perth in a cause betwixt William, bishop of

St. Andrews, and Duncan de Aberbuthenot, in the year 1202. The church of

Arbuthnot was in the diocese of St. Andrews, and the question related to

the respective rights of the bishops of St. Andrews and of the

Arbuthnots, who represented the old thanes, in the kirkton or church

lands of Arbuthnot, and it preserves the evidence of the witnesses who

were examined. The inquiry extends over a period of more than half a

century, and during the episcopate of four bishops. During the

episcopate of Richard, who became bishop in 1163, Osbertus Olifard

appears as lord of the land, and the kirkton is occupied by a multitude

of _Scolocs_. Then in the time of Bishop Hugo his successor Osbertus

Olifard goes on a crusade, and lets the land to Ysaac de Bonevin for six

years, who is termed _firmarius_, and the kirkton was then occupied by

eight holders called _personæ_, having under them people having houses

and pasturing beasts. Then, in the time of Bishop Roger, Walter Olifard,

the next lord, gave his land of Arbuthnot to Hugo Swintun for his

service, and his son Duncan was called De Aberbuthnot, removed the

_Scolocs_, also called the native-men, from the kirkton, and first

cultivated their land, that is, added it to his own demesne. These

lords, from Osbert Olifard to Duncan of Aberbuthnot, evidently

represented the old thanes, as it is said that no thane before Duncan

had ever cultivated this land, nor that any thane had put a plough in

that land before Duncan did so. Osbert Olifard, however, was, from his

name, a Norman intruder, who had obtained it from the Crown after the

thanages became crown land, and it seems to have passed in this way

through many hands, as one witness had seen thirteen thanes possessing

the land, but none of whom had vexed the men of the kirkton before

Duncan. The result of the inquiry was that the bishop was entitled to

_Conveth_ from the men of the kirkton, and to a rent of two cows, and

one-half of the _blodwits_ and _mercets_, but the thane received the

_Can_ and ten cheeses from each house in the kirkton, three men for

harvest from each house, and men for the _Expeditio_ or _Feacht_.[346]

This Duncan de Aberbuthnot was the ancestor of the noble family of

Arbuthnot, who afterwards held the thanage as a barony.

Next to Aberbuthnot was the small thanage of Morphie. It is mentioned in

1362 in the Exchequer Rolls, and among the missing charters by David II.

are two of annual rents furth of the thanage of Morphie.[347] It is

situated in the parish of St. Cyrus, formerly called Ecclesgreig, and

here we come in contact with another designation of land which we

noticed in a previous volume, viz., that of the _Abbacia_ or

_Abthanrie_.[348] This was land which had formerly belonged to an abbey

or monastery of the Columban Church, but had fallen to the Crown either

by the monastery falling into the hands of lay abbots or by its

extinction, and when they became crown lands we find them classed with

the thanages. These _Abthanries_ are in the main confined to the country

lying between the great mountain chain of the Mounth and the Firth of

Forth; and the first we meet with is that of Ecclesgreig, which was

granted by King William the Lion to the priory of St. Andrews. By his

charter the king conveys the church of Ecclesgreig, with the chapel of

St. Regulus, and with the half carucate or ploughland in which it is

situated, and with the land of the _abbacia_ of Ecclesgreig, according

to its ancient rights, and with its common pasture, canons, and men, and

with my thane and my men throughout the whole parish of Ecclesgreig. The

thane here mentioned seems to have been the thane of Morphie, as that

thanage was within the parish, the rest of the land forming the

_abbacia_ or _abthanrie_; and the thanage appears to have passed into

the hands of David, earl of Huntingdon, as King Alexander the Second

confirms the above grant with the exception of his thane and his men,

and Earl David grants to the priory of St. Andrews ‘the whole _Can_ and

_Conveth_ which the canons were due to him for the land of Ecclesgreig,

and the services which their men were bound to render to him, which is

confirmed by Earl John, his son.’[349]

When we enter the earldom of Angus, which forms the southern and larger

part of this province, we find that the thanages lie more apart, and

bear a less proportion in extent to the whole land of the earldom. This

arises from its greater importance, from its situation, its size, and

the character of the land as a part of the territory in the heart of the

kingdom, and the greater extent to which the land had been granted to

foreign barons as feudal holdings. The oldest mention of the thanages in

this earldom is in connection with the grants to the very ancient church

of Restennot, near Forfar. A charter by David the Second in 1344

narrates that the kings Malcolm (Ceannmor), Alexander (the First), and

David (the First), had granted to the prior and canons of Restennot,

besides other donations, the tithe of all the fruits of their thanages

and demesne lands, whether in money or in kind, within the sheriffdom of

Forfar, which he confirms; and King Robert Bruce, in a charter

confirming various rights and privileges to the prior and canons of

Roustinot in 1322, which they had possessed in the time of Alexander the

Third, includes the sum of twenty shillings and tenpence received

annually from the thanage of _Thanachayis_ or Tannadyce, and the second

tithes of the thanages of Old Monros, Duney, Glammes, Kingaltevy, and

_Aberlemenach_ or Aberlemno, and likewise of the three bondages or

servile lands of Forfar, viz., Trebog, Balmeshenor, and Esterforfar, six

merks from the barony of Ketnes, and forty shillings and a stone of wax

from the barony of Brechen; while a decreet of the deputies of the earl

of Ross, as Justiciary of Scotland north of the Forth in 1347, finds

that the prior was entitled to payment of the tithes of the thanages of

Monyfoth and Menmur, as well as the other thanages and and royal lands

within the shire of Forfar.[350]

The thanages within the earldom of Angus fall into two groups in the

northern and southern parts of the earldom respectively. Of the northern

group the beautiful valley of Clova, through which flow the upper waters

of the South Esk, forms the most westerly of the thanages, that of

Cloveth or Clova. In 1328 King Robert Bruce grants to Donald, earl of

Mar, his whole thanage of Cloveth, with two pendicles of land called

Petnocys, to be held in fee and heritage for payment of a _firma_ of

twenty pounds, and rendering the carriages and other small services due

and customary in the time of Alexander the Third;[351] and in 1359 the

sheriff of Forfar debits himself with nothing from the thanage of

Cloveth and the two Lethnottys, which return annually forty-two pounds,

because it is in the hands of the earl of Mar, but by what title he

knows not.[352] Here we find the pendicles of land termed Petnocys in

the charter are called Lethnottys in the rolls, which throws some light

on the meaning of Pit as a denomination of land. Leth means the half of

anything, and, as we have seen, was applied to the half of a penny land.

It here probably refers to the half of a ‘villa’ or township expressed

by ‘villula.’ Clova appears in the Record of Retours as a barony

containing the kirkton and other seven townships, and as having a

manor-place, mill, glens, and forests.[353]

Proceeding along the course of the South Esk, we find on its north bank

the thanages of Kingaltevy and Tannadyce, forming the parish of that

name. The thanage of Kingaltevy appears to have remained in the Crown as

late as the reign of Robert the Second, as that king grants in 1386 to

Sir Walter de Ogilvy for his service an annual rent of twenty-nine

pounds due and arising to him from the thanage of Kyngaltevy in the

sheriffdom of Forfar, but it appears in the retours as a barony.[354]

The thanage of Tannadyce, however, was granted by David the Second first

to Peter Prendergast, and afterwards to Sir John de Logy and the heirs

of his body, to be held blank for payment of a red falcon; and in

connection with this thanage we have a manumission by the same monarch,

the terms of which it will be interesting to preserve. It is termed a

charter of liberty, and is addressed to all good men to whom these

presents may come, and proceeds thus:—‘Be it known to you, that we have

made William the son of John bearer of these presents, who, as we are

told, was our serf and native man of our thanage of Tannadyce, within

the sheriffdom of Forfar, our free man, as well as all who proceed from

him, so that he and all proceeding from him, with all his progeny, shall

be free to dwell within our kingdom wherever he will; and we grant to

the said William and all proceeding from him that they shall be free and

quit of all native servitude in future.’[355] In the retours this

thanage too appears as a barony.[356]

Adjoining Tannadyce on the east, but on the south bank of the river, was

the thanage of _Aberlemenach_ or Aberlemno. Among the missing charters

of King Robert Bruce is one to William Dishington of Balgassie, in the

thanage of Aberlemnoche, and two to William Blunt, one termed ‘ane

bounding infeft’ of the thanage of Aberlemnoche, and the other ‘of the

mains of Aberlemnoche bounding;’[357] but in 1365 King David the Second

grants to Sir William de Dysschynton his lands of Balmany and mill of

Aberlemnache, and his lands of Tolyquonloch, and the annual rent of

Flemyngton, in the thanage of Aberlemnache, for military service.[358]

North of Aberlemno, and separated from it by the parish of Brechin lay

the thanage of Menmuir. This thanage appears in the reign of David the

Second as possessed by three persons, for he confirms a charter granted

to the prior and canons of Rostynot by Andrew Dempster, Finlay, son of

William, and John de Cullus, lords of the lands of Menmuir, regarding

the tithes of these lands,[359] and in the retours it appears as a

barony.

On the shore in the north-east corner of Angus was the thanage of Old

Monros or Monrose, and like Morphie this thanage was connected with an

_abthanrie_, for King William the Lion, in his foundation charter of the

monastery of Aberbrothok, includes in his grant the church of St. Mary

of Old Monros, with the church land, which in Scotch is called _Abthen_;

and in a subsequent charter grants to Hugo de Robesburg, his cleric, the

lands of the abbacy of Munros, to be held of the monastery of

Arbroath.[360] Two thanages are mentioned in close vicinity to it. On

the south bank of the Esk was the thanage of Kynnaber, from which an

annual rent of seven merks was granted by King Robert I. in 1325 to

David de Grame; and on the south side of the water of Luan was the

thanage of Edevyn, now Idvies. Two thanes are mentioned, viz., Gilys

Thayn de Edevy in 1219, and Malys de Edevyn in 1254, but we have no

further information with regard to either.[361] On the shore farther

south was the thanage of Inverkeillor. This thanage appears as early as

the reign of William the Lion to have been held feudally by the family

of De Berkeley, for Walter de Berkeley grants to the church of Saint

Macconoc of Innerkeledur (Inverkeillor), and Master Henry, its parson,

the king’s cleric and mine, the _Grescane_, and every service which the

church land and the men dwelling theron were wont to render to the

Thanes of Inverkeillor, and afterwards to myself; and frees them from

the _Grescane_ and every cane and rent belonging to us or to any lay

person, with the right of common pasturage along with him and his men

throughout the whole territory of Inverkeillor. This grant is confirmed

by King William,[362] and presents an analogous case to that of

Arbuthnot, whose cane was payable by the kirkton or church land to the

thanes, and afterwards to the feudal lord.

Of the southern group of thanages the most westerly, situated in the

south-west corner of Angus, was the thanage of Kathenes or Kettins, the

only notice of which is the appearance in 1264 of Eugenius, thane of

Kathenes, as possessing a large grange;[363] but there appears to have

been in connection with it an _abthanrie_, as certain lands in the

parish are termed in the retours ‘the lands called Abden of Ketins,’

They form but a small part of the parish, the larger portion probably

forming the thanage. North-east of Kettins, and separated from it by the

parish of Newtyle, was the much more important thanage of Glammis, which

possesses a fictitious interest from its supposed connection with the

career of Macbeth. It too makes its first appearance in 1264, when we

find a payment of sixteen merks to the Thane of Glammis for the lands of

Clofer and Cossenys, subtracted from the thanage of Glammis; and in 1290

the sheriff of Forfar accounts for twenty-seven cows as the _Waytinga_

of one and a half nights of the thanage of Glammis during two

years.[364] After the war of independence this thanage appears to have

remained in the hands of the Crown till the reign of Robert the Second,

when in the second year of his reign he grants to John Lyon his whole

lands of the thanage of Glammis, erected into a barony, with the

bondmen, bondages, native-men and their followers, and with the

tenandries and services of the freeholders (_liberetenencium_).[365]

On the shore of the Firth of Tay we find the thanedom of Monifieth, of

which the only notice is a missing charter by King Robert Bruce to

Patrick, his principal physician, of the lands of Balugillachie, within

the thanage of Monifieth, but here we likewise meet with an _abthanrie_;

the distinction, however, between the two is here apparent, for during

the reign of Alexander the Second we find that the former was, like most

thanages, held of the Crown, while the latter belonged to the earls of

Angus. Thus King Alexander grants to the monastery of Arbroath ten merks

annually, paid each year from his _firma_ or rent of Monifieth; while

Malcolm, earl of Angus, in the same reign, grants to Nicholas, son of

Bricius, priest of Kerimure, and his heirs, in fee and heritage, the

whole lands of the _abthein_ of Munifeth.[366] Adjoining Monifieth, in

the adjacent parish of Monikie, was the last of the Forfarshire

thanages—viz., that of Duny or Downie. In 1359 the sheriff charges

himself with nothing from the thanage of Duny, because it was then in

the hands of the earl of Sutherland heritably through his marriage with

the king’s sister.[367] But, at the same time, when Robert the Second

erected Glammis into a barony in favour of John Lyon, he grants a

similar charter in favour of Sir Alexander de Lyndesay of all and whole

his lands of the thanage of Downy, erected into a barony, with the

bondmen, bondages, native-men and their followers, and with the services

of the freeholders (_liberetenencium_) of the said barony.[368] In

connection with this thanage we find the waste land termed the Moor of

Downie.[369]

[Sidenote: Thanages in Fife and Fothriff.]

Crossing the Firth of Tay and entering the province of Fife and

Fothriff, we find the thanages few in number and at some distance from

each other, and this arises from the land having been extensively

granted at an early period as feudal holdings to the Saxon and Norman

followers of the king. In Fife we find traces of three thanages, and in

Fothriff of two. Those of Fife are, first, Kinneir in the parish of

Kilmany. We have no early notice of Kinneir as a thanage, but it was

afterwards a barony; and among the lands belonging to the barony we find

mention of the thainis lands, viz., those of Straburne, Fordell, and

Fotheris. Not far from it was the thanage of Dervesin or Dairsy. In a

charter granted by Ernald, bishop of St. Andrews, to the church of St.

Andrews, of the church of Dervesin, with a carucate of land in that

township, in his demesne, among the witnesses is Hywan, son of

Malcothen, Thain de Dervesin; and in the retours it appears as the

barony and demesne lands of Dairsie.[370] In the parish of Cairnbee, not

far from the shore of the Firth of Forth, we find the thanage of Kelly.

When King David the First granted to the priory of May the lands of

Balugallin, they were perambulated among others by Malmure, Thain de

Chellin or Kelly, and among the missing charters of Robert the First is

one to William Seward of the barony of Kelly.[371] In Fothriff we find

in the interior the thanage of Falkland, mentioned at a very early

period; for among those who perambulated the marches between Kyrkness

and Lochore in the reign of Alexander the First was Macbeath, Thaynetus

de Falkland, and we find that it afterwards became a royal forest.[372]

The only other thanage was that of Kinross.[373] We find in 1264, I de

Kynross, sheriff of Kynross, accounting for the Waytinga of four nights

in the year, amounting to forty cows, besides pigs, cheese, and grain.

This burden indicates that it had been a thanage, and it appears as such

in the reign of Robert the First, when an inquisition was held at

Kinross, on the 23d September 1323, regarding the lands of the forest of

Kinross, and these lands were separated from the thanage of Kinross. It

afterwards appears as a barony, with the castle, lake, and fishings of

Lochleven.[374]

[Sidenote: Thanages in Stratherne.]

Crossing the range of the Ochils and entering the ancient earldom of

Stratherne, we find one of the earliest residences of the old Scottish

kings appearing as a thanage. In the reign of Alexander the Third the

thane of Forteviot has to answer to the king for twenty merks, and we

find the sheriff of Perth subsequently accounting for the _firma_ or

rent-charge of the land of William of Forteviot;[375] while King Robert

the First grants in 1314 to the church and canons of Inchaffray his

lands of Cardnay and Dolcorachy in the thanage of Forteviot. It appears

in the retours as a barony.[376] In this earldom we meet for the first

time with a thanage held of the earl and not of the Crown. The

foundation-charter of the abbey of Inchaffray, granted by Gilbert, earl

of Stratherne, in the year 1200, is witnessed among others by Anechol

Theinus or thane of Dunine, now Dunning; and in a subsequent charter the

same earl terms him ‘Anechol, my thain of Dunyn.’ In 1247 a charter is

granted by Malise, earl of Stratherne, to the abbey of Inchaffray, of

twenty merks annually from the thanage of Dunyne and Peticarne, to be

received for all time in future from the hands of those who hold the

said lands for the time being; and in confirmation of this grant he

addresses a mandate to Bricius, thane of Dunin, to see twenty merks at

Dunin from the _firma_ due to the earl, paid to Inchaffray. The descent

of these thanes of Duning can, however, be ascertained from the

Chartulary. The most powerful family next to the earls was that of the

seneschals or stewards of Stratherne. They descend from Gilleness,

seneschal of Stratherne in the time of Earl Gilbert, who had two

sons—Malise, who appears as seneschal in 1220, and Anechol, who was

thane of Duning. From Malise proceeded a line of seneschals, the

succession to which was carried by a daughter to the Drummonds. Anechol

was succeeded as thane of Duning by Bricius, who likewise appears as

thane of Duning; but in the time of Robert, earl of Stratherne, the son

of Malise, the seneschalship had fallen to him likewise, and he

witnesses a charter of that earl as ‘Bricius de Dunin, his

seneschall.’[377] The lands of Duning and others were erected into the

barony of Duncrub in favour of Andrew Rollo of Duncrub in 1540; and

among the lands we find the thane lands also called Edindonyng.[378] One

of the charters by Earl Gilbert, which is witnessed by Anechol, thane of

Dunin, is likewise witnessed by Duncanus, Thanus de Struin. This is the

only notice of this thanage, but the name corresponds with that of the

parish of Strowan on the south bank of the Earn above Crieff. It is now

united with the parish of Monzievaird, from which it is divided by the

river. It was probably a thanage also held of the earl, and the old

family of the Toschachs of Monzievaird no doubt derived their name and

descent from its _Toschach_ or thane.[379]

[Sidenote: Thanages in Atholl.]

North of the earldom of Stratherne, and within the range of the

Grampians, lay the ancient earldom of Atholl. It is from this district

that the royal dynasty emerged which terminated with Alexander the

Third, the founder of the house having been lay abbot of Dunkeld, and

possessor of the _abthanrie_ of Dull,[380] and from his son Duncan

proceeded not only the kings of Scotland, but likewise the ancient earls

of Atholl. The _abthanrie_ of Dull was a very extensive district, and

embraced a large portion of the western part of the earldom, and may be

viewed as the original patrimony of the royal house. It contained within

it two thanages, viz., those of Dull and of Fothergill, now Fortingall.

Thus we find Alexander the Second issuing a mandate addressed to his

theyns and other good men of Dul and Forterkil, in which he grants to

the canons of Scon the right of taking materials from his thanages of

Dul and Forterkil for the work at their church of Scon.[381] In the

reign of Alexander the Third we find in 1264 Alan the Hostiary bound to

account for the _firma_ of Dull, and in 1289, Duncan, earl of Fife, is

_Firmarius_ or renter of the manor of Dull, the rent for two years being

five hundred pounds seven shillings and fourpence.[382] He is also

keeper of the prison of Dull, but while the _abthanrie_ with its two

thanages is thus in the Crown, the church of Dull, with its chapels of

Foss and Branboth in Glenlyon, belonged to the earls of Atholl, and was

granted by Malcolm, earl of Atholl, to the priory of St. Andrews after

the death of William his cleric. This grant is confirmed by the bishop

of Dunkeld, reserving a right to give the latter, to the extent of ten

merks, to a vicar, and an annual rent of twenty shillings due to him and

his clergy from the _Abthanrie_ of Dull.[383] By king David the Second

the bailiary of the _abthain_ of Dull was granted to John Drummond, and

in his reign the thanages began to be broken up, for he grants a charter

to John de Loorne, and Janet, his spouse, and our cousin, of the whole

lands of Glenlion; another to Donald M‘Nayre of the lands of

Estirfossach or Foss, in the abthanrie of Dull, which had been resigned

by Hugo de Barclay; and a third to Alexander Meinzies of the barony of

Fothergill, in the county of Perth.[384]

Besides these thanages held of the Crown, we find mention of two held of

the earl of Atholl, and two of the bishop of Dunkeld. On the north bank

of Loch Tay was the thanage of Cranach, but it no sooner appears in the

records than it vanishes as a thanage, for it passed into the Menzies

family, and among their writs is a charter by David de Strathbogie, earl

of Atholl and Constable of Scotland, to Sir Robert de Meygnes, knight,

son of Sir Alexander de Meygnes, for his homage and service, of the

whole thanage of Cranach, in the earldom of Atholl, with the lands of

Cranach, Achmore, Kynknoc, the two Ketherowes, and Achnechroish, as a

feudal holding for military service. The other thanage lay in the valley

of Glentilt, near Blair, and of it we have more particulars. The earldom

of Atholl had become vested in the person of Robert, Steward of

Scotland, and before he succeeded to the throne in 1371 he grants a

charter, as Lord of Atholl, which is undated, to Eugenius, thane of

Glentilt, brother of Reginald of the Isles, of the whole thanage of

Glentilt, being three davachs of land, for his faithful service, to be

held of him in fee and heritage for ever, for payment of eleven merks in

money, and the carriage of four horses once a year for hunting in the

forest of Bencromby if demanded. There is a provision that should the

yearly value of the thanage at any time not reach the sum of eleven

merks, he is to pay such sum as may be fixed by an assize of the

inhabitants of Strathguye and of those dwelling in the thanage. There is

then a retour at Logyraite in the court of the earl of Athole, by which,

on 29th July 1457, Andrew de Glentilt is served heir to his father John

le thane de Glentilt, in the lands of Petnacrefe in Strathguay; and a

charter of sale, in 1461, by Andrew, thane of Glentilt, to John Stewart

of Fothergill, of the lands of Achnamarkmore, to be held of himself; and

this is followed by a notarial instrument taken on the sale by Finlay

‘le thane de Glentilt,’ son and heir of the late Andrew le thane de

Glentilt, on 27th April 1647, of the right of reversion of these lands

for twenty pounds, payable in one day between sunrise and sunset. There

is then a precept of sasine by Findlay, thane of Glentilt, in favour of

Neill Stewart of Fothergill, as son and heir of Neill Stewart of

Fothergill, of the lands of Achnamarkmore, given at Glentilt on 4th June

1500, in presence of John, Thane, son and heir-apparent of Findlay, and

on 13th August 1501 a charter of sale by Finlay, thane of Glentilt, to

Elenore, countess of Atholl, of Kincraigy. We have then two charters of

even date, granted by John, earl of Atholl, and superior of All and

Whole the lands of the _Thanagium Abnathie_, or the thanedom of

Glentilt, to John Stewart, his son and heir, of the said lands _Thanagii

Abnathie_, or le thanedom of Glentilt, which formerly belonged to Finlay

Toschach, thane of Glentilt, and which he voluntarily resigned, as is

proved to us by his corporal oath sworn on the holy evangels of God. The

earl’s seal and the seal of Finlay Toschach are appended, at Dunkeld,

the last day of May 1502, and these charters are confirmed by a charter

under the Great Seal on 2d July 1502, of the thanage, with the bondmen,

bondages, native-men and their issue.[385] According to this charter the

thanage contained seventeen townships, including the two tenandries of

Achnamarkmore and Kincraigy, giving an average of about the sixth part

of a davach to each township; and we here see the family, which

originally descended from that of the Isles, adopting the name of

Toschach, from their designation of Thane. From them no doubt proceeded

the M‘Intoshes of Tiriny in Glentilt, which is included among the lands

of the thanage.[386] We find mention of two other thanages in Atholl,

but it is not very clear whether they were held under the earl, or under

the bishop of Dunkeld. King William the Lion confirms to the church and

canons of Scone a grant made to them by Malcolm, earl of Atholl, of the

church of Loginmahedd, now Logierait, with its chapels of Kilchemi,

Dunfolenthi, Kelkassin, and Kelmichelde Tulimath, and with all its other

lawful pertinents; but John, bishop of Dunkeld, grants and confirms to

the abbots and canons of Sconie the church of Logymahedd, in Atholl,

with the full tithes, benefices, and rights lawfully pertaining to said

church, viz., of Rath, which is the chief seat of the earldom (_caput

comitatus_), and of the whole thanage of Dulmonych, and of the whole

thanage of Fandufuith, and with these chapels, Kylkemy, Dunfoluntyn,

Kilcassyn, Kilmichell of Tulichmat, and all pertinents of said chapels,

and a toft in Logyn, with common pasture, as is contained in a charter

of Earl Henry.[387] The _Rath_ or fort is still visible on a height

between the two rivers at the junction of the Tay and the Tummel, and

the modern names of the places where the four chapels were situated are

Killichangie, Dunfallandy, Killichassy, and Tullimet, and they are all

within the parish of Logierait, but the two thanages seem not to have

been included in Earl Malcolm’s charter, and are situated within the

territory termed the bishopric of Dunkeld, now the parish of Little

Dunkeld, for Fandufuith is now Fandowie in Strathbraan, and Dalmonych is

probably Dalmarnoch, on the south bank of the Tay, in the same parish.

We have no other notice of these thanages.

[Sidenote: Thanages in Gowry.]

Between the earldom of Atholl and the province of Fife and Fothriff, and

separated from the latter by the Firth of Tay, lay the earldom of Gowry.

In the account of the seven provinces of Scotland prior to the Scottish

conquest, this earldom formed one province along with that of Atholl;

but after the Scottish dynasty was seated on the throne it was attached

to the province of Fife and Fothriff. It was the heart of the kingdom,

as within it was situated the royal seat of Scone, where, as Fordun

rightly tells us, ‘both the Scottish and Pictish kings had whilom

established the chief seat of government;’ and from an early period it

appears to have belonged to the royal family, as Bower makes the curious

statement that Alexander the First had received at his baptism, as a

donation from his father’s brother the earl of Gowry, the lands of Lyff

and Invergowry, where, after he became king, he began to build a palace,

and finally conferred them upon the abbey of Scone. These lands are in

fact contained in the foundation-charter of Scone by Alexander the

First, and that the earldom had been the appanage of Donald Bane, who

alone can be meant, is probably true enough.[388]

In the reign of Malcolm the Fourth, who confirms the foundation-charter

of Alexander the First, we find mention of the four royal manors of

Gouerin or Gowry paying _Can_ to the king, and these were Scon or Scone,

Cubert or Coupar-Angus, Forgrund or Longforgan and Stratherdel; and

these appear to have been likewise royal thanages. Thus Alexander the

Second grants to the canons of Scone, in exchange for tithes which they

exacted from the lands of Forgrund, one net of his fishings in the

thanage of Scone, two acres of land in the territory of Scone where the

Canon’s Well is situated, and a perpetual lease of his demesnes of Rath

and Kynfaunes in Gowry; and finally King Robert the First grants to the

abbot and canons of Scone the whole thanage of Scone, with all its

pertinents.[389] Strathardell, too, was a thanage, as we find a charter

granted in the reign of William the Lion by Laurence of Abernethy of the

church of Abernethy to the monks of Arbroath is witnessed by Macbeth,

sheriff of Scon, thane of Strathardel;[390] and though we have no notice

of the royal manors of Cupar and Forgrund being termed thanages, it is

probable that they were so.

North of Cupar, however, was the thanage of Alyth, in which was situated

the royal castle of Invercuych, as we find Robert the Second granting to

Sir James de Lyndesay All and Whole the lands of Aberbothry, as also the

place of the royal castle of Invercuyth and all the lands which belonged

to John de Welhame and John de Balcasky, in the thanage of Alyth, to be

held as a barony; and the same monarch includes the thanage of Alyth

with its pertinents in a subsequent charter to Sir James de Lyndesay of

the castle and barony of Crawford and other lands;[391] and in

connection with this thanage there appears to have been a forest, as in

two charters of King David the Second to the canons of Scone, Alyth is

mentioned among the royal forests.[392] As Alyth with its royal castle

was at the north-east extremity of Gowry, so we find at its north-west

boundary the thanage and royal castle of Kinclaven, on the west bank of

the Tay, near its junction with the river Isla. We find notices of the

repair of the castle in 1264, while the sheriff of Perth accounts for

its _firma_, and King Robert the Second grants to his illegitimate son,

John, his lands of Ballathys, Invernate, and Mukirsy in the thanage of

Kynclevin, with its tenandries and services of the freeholders, the

native-men, bondmen, and their bondages and followers.[393]

[Sidenote: Thanages south of the Forth.]

The thanages of which we have thus given shortly the history were all

situated north of the Firths of Forth and Clyde, and in those eastern

districts which formed originally the seat of the Pictish tribes, and

afterwards fell under the dominion of a dynasty of kings of Scottish

race. The Scots were thus a dominant race over a subject population, and

under the succeeding dynasty, who adopted Norman customs and assimilated

the laws and institutions of the country to those of a feudal monarchy,

these districts became the theatre of a Saxon colonisation and of a

gradually increasing settlement of Norman barons, who held the land on a

feudal tenure from the Crown; and thus the more ancient tenures

represented by the thanages were comparatively speaking few in number,

and scattered in isolated situations. But while the thanages in general

were thus situated, there was one thanage south of the Firth of Forth

which appears to belong to the same class. It was situated on the south

bank of the river Carron, and represented that small district,

distinguished in the Irish Annals by the name of _Calathros_, and in

Latin documents and chronicles as Calatria,—a name preserved in the more

modern Callender. The name of _Ecclesbreac_ by which the church was

known, and by which it is still called in the Highlands, indicates that

it was inhabited by a Gaelic-speaking people, and the term _Breac_ is

usually associated with those of Pictish race. They were probably the

remains of the old Pictish population which gave their name to the

Pentland Hills. Be this as it may, the notices of this thanage are in

entire harmony with those of the thanages north of the Forth. A charter

by King David the First to the canons of Stirling is witnessed by

Dufotir, sheriff of Stirling; and the same Dufotir witnesses a charter

of King David to the church of Glasgow, as Dufoter de Calatria. About

1190 appears Dominus Alwynus de Kalenter.[394] A charter by Herbert, son

of Herbert de Camera, of a half carucate of land in his territory of

Dumfries, consisting of four bovates or oxgangs near Louchbane, is

witnessed by Malcolm, thane of Kalentyr, and Alexander the Second grants

to the canons of Holyrood, in feu-farm, his whole lands of Kalentyr,

which had been in his hands since the day on which he assigned to

Malcolm, formerly thane of Kalentyr; forty pound lands in Kalentyr,

which lands are reserved to the said thane. Then we find the old thanage

converted into crown demesne, and the thane bought off with a feudal

holding. In the same reign a charter by Maldouen, earl of Lennox, is

witnessed by P., Thane of Kalentyr; and a missing charter of King David

the Second ‘to William Livingston of the lands of Callanter by

forfeiture of Patrick Calentyre,’ appears to terminate the line of the

thanes, and to indicate the conversion of the lands into a barony in

favour of the Livingston family.[395] A charter granted by David the

First before his succession to the throne, when the province of Lothian

and the ancient Cumbrian kingdom were under his rule, and addressed to

all his faithful _Tegns_ and _Drengs_ of Lothian and Teviotdale,[396]

shows that any thanes who appear in these districts where the population

was entirely Anglic, belong to the Saxon organisation, and have no

connection with the more northern thanages.

[Sidenote: _Toshachdor_ and _Toshachdera_.]

We have seen that the term Thane, in connection with that portion of the

crown land north of the Firths of Forth and Clyde called a thanage, and

considered as crown demesne, was the equivalent of the Gaelic _Toisech_

or _Toschach_, but we also find this word _Toschach_ used in Scotland in

combination with two other words nearly resembling each other, and thus

forming the two denominations of _Toschachdor_ and _Toschachdera_,

indicating in this form a person, and in the form of _Toschachdoracht_

and _Toschachderacht_, an office, just as the function of the Toisech is

expressed in the Irish system by _Toisecheacht_. Sir John Skene, in his

treatise _De Verborum Significatione_, gives under the word

_Toscheoderache_, several interpretations of it. He says that it was

‘ane office or jurisdiction, not unlike to a bailliarie, especially in

the Iles and Hielandes.’ ‘Some alleagis it to be ane office pertaining

to execution of summondis. Uthers understandis the same to be ane

crowner. Last, summe understandis it to be ane searchour and taker of

thieves and limmers.’ But it is obvious from his references that he

confounds the two offices together. The _Toschachdoracht_ was the office

like a bailiary, and the _Toschachdor_ was considered the equivalent of

the coroner, and this office was mainly confined to the Highlands and

Islands. The _Toschachdera_ he rightly explains, in his Notes to the Old

Laws, as a name given by the original Scots and Irish to the serjeand or

servitor of court who put the letters of citation in force, and that

this office was commonly called ‘ane Mair of Fee.’[397] We find the two

offices existed distinct from each other in the Isle of Man, and this

throws some light upon it. That island was divided into six sheadings,

and each sheading had two officers. The first was the coroner, and this

office, says Mr. Train, in his _History of the Isle of Man_, is of the

highest antiquity in the island. He is called in Manks _Toshiagh

Jioarey_, or chief man of the law. There is likewise, says Mr. Train, an

officer of unknown antiquity in every parish called a _Maor_, who

collects all escheats, deodands, waifs, and estrays.[398]

The _Toischeachdor_ derives his name from _Toisech_, and _Dior_, an old

word signifying ‘of or belonging to law,’ and is obviously the same as

the Manks _Toshiagh Jioarey_, and this office is not to be found in

those eastern districts where the thanages prevail, for the simple

reason that it is there represented by the _Toschech_ or Thane himself,

but the _Toiseachdera_ or Mair of Fee occurs repeatedly in connection

with them. Thus in the laws of King William the Lion, which gave the

form of citation, it is directed to be made by the serjeand or coroner

or _Tosordereh_ or other summoner;[399] and that the serjeand and

_Toshachdera_ are the same, will be evident on comparing a charter of

the thanage of Belhelvie, which mentions the office of smith and the

office of serjeand, with one of the demesne lands of Davochindore in

Kildrummy, where the same offices are called _Fabrisdera et

Toshachdera_.[400] We find in connection with the thanage of Moravia the

office of Mair of Fee,[401] and in 1476 the lord of Strathawin, in

Banffshire, grants to Alexander Crom Makalonen the lands of

Invercahomore, with the office of _Toshoderatus de Strathawin_.[402] We

can trace the appearance of this office too in connection with the

church lands in this part of Scotland. One of the earliest grants to the

bishop of Aberdeen was the schyra or parish of Rayne. It contained the

lands of Ledyntoschach, or the _Toschach’s_ half, and Rothmaise, in

which the word _Rath_ appears. These lands were held under the bishop by

a family of De Rane, and afterwards by a family called Tulidef, but in

1544 the bishop feus to Mr. Walter Stewart the lands of Invirquhaland,

Newmore, and two parts of Rothtmaise _cum ly Derachthowis_.[403] The

lands of Tarves, within the thanage of Fermartin, were conferred upon

the abbey of Arbroath by Alexander the Second, and in 1384 the abbot of

Arbroath confers the office of _Derethy of Terwas_ upon Thomas de

Lochane and the heirs of his body in perpetuity.[404] In the thanage of

Fettercairn we find, besides the thaneston, or mensal land of the thane,

another portion termed _Deray_ lands, or the possession of the

_Toschachdera_.[405] These notices will be sufficient to show the

existence of this office in connection with the thanages, to which a

portion of the land was assigned as official demesne.

[Sidenote: Result of survey of thanages.]

We have now completed our survey of the thanages which survived the war

of independence, and we thus see that there existed in the eastern

Lowlands isolated territories, scattered here and there among the feudal

holdings, still bearing the name of _Thanagium_, and preserving many of

the characteristics of the older Celtic tribe. These thanages during the

period of the rule of the kings of the race of David the First were

considered as forming part of the crown demesne, and were held of the

kings by persons called Thanes in feu-farm for payment of an annual

_firma_, rent or feu-duty, but their connection with the ancient tribe

lands is indicated by the fact that the feuar bearing the Saxon name of

Thane was likewise known by the Celtic name of _Toschach_, and therefore

represented the ancient _Toisech_ of the _Tuath_ or tribe, and that his

annual feu-duty was likewise known by the Celtic name of _Cain_, usually

amounting to about twelve merks, while the land was subject to another

burden termed _Conveth_, and afterwards _Waytinga_, which was no other

than the _Coinmhedha_ or _Coigny_ of the Irish tribes. These thanages

had therefore obviously replaced the more ancient _Tuath_, and what was

now regarded as crown land was the ancient tribe territory. It varied in

size, as did the Irish _Tuath_. Its principal measure of land bore the

Celtic name of Davach, a name also retained when the land had passed

into feudal holdings. Each davach contained four ploughgates, equivalent

to the Irish _Bally_ and the Welsh _Tref_, and the fourth part of the

ploughgate seems to have formed the smallest holding, and been known by

the Celtic term of _Rath_. The size of these thanages or tribe

territories held of the Crown varied from twelve to six davachs, and

those held of the earls seem in general not to have exceeded three. Part

of this territory was held by the thane or _Toschach_ in demesne, and

was known as the Thanestown or thane’s lands, and was cultivated by

bondmen or prædial serfs, of whom there were two kinds, the _bondus_, or

occupier of a servile tenement, amounting usually to the fourth part of

a ploughgate or township, and the native-man, who was servile by race.

Another part of the thanage consisted of tenandries, or free tenements,

held under the thane by a class of sub-vassals called _libere tenentes_,

or freeholders, for payment of a _Cain_ or feu-duty, and these were

likewise known by the Celtic name of _Octhigern_, the equivalent of the

Irish _Oclach_. They were in fact the lower of the two divisions of the

_Flaith_ or nobles of the Irish tribe, consisting of the _Aire ard_ and

the _Aire desa_, while from the upper division the _Ri Tuath_ or

_Toisech_, as the case might be, was chosen, and when we find the

territorial name of Dyce connected with some of the thanages, as Fordyce

in the thanage of the Boyne, Dyce in that of Kintore, Tannadyce in the

thanage of the same name, we can hardly avoid recognising the _Deis_, or

private property, which constituted the basis of the _Grad Flath_, or

territorial nobles of the tribe.

Between the class of freeholders and the servile class part of the land

was occupied by the _liberi firmarii_, or free farmers, who had a mere

usufruct of their possessions, which varied in size from the tenandry to

the small holding of two oxgangs, or the fourth part of a ploughgate.

These farmers usually held upon the system termed the Steelbow, when the

stock and implements belonged to the proprietor, and were handed over to

the tenant during his occupation of the land, who was bound to return an

equal value at the termination of his tenure, his rent being usually

paid in kind. This tenure closely resembled that of the _Saer_, or

_Ceile_, of the Irish tribe, while the _Daer_, or bond _Ceile_, were

represented by the _Bondi_, or occupiers of a servile holding in the

thanage.

Another portion of the thanage was the church land. When the church

consisted merely of the Cill, or parish church, it was known as the

_Terra ecclesiæ_, kirkton or Pettintaggart, and was cultivated by the

_Scolocs_, who paid _Cain_ to the thane, and _Conveth_ to the bishop in

whose diocese it was. It generally varied in size from a half davach to

a half ploughgate, but when a Columban monastery had been founded in the

thanage, it was of larger extent and fell into lay hands under the name

of _abbatie_, or _abthanrie_, paying, however, both _Cain_ and _Conveth_

to the church. This was in fact the _termon_ lands of the Irish tribe.

Lastly, what had originally been the waste land of the tribe became

known as the forest, and became dissociated from the cultivated land of

the thanage. It either formed the subject of a separate grant or was

retained as a royal forest.

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