daughter was not allowed to touch it--only the daughters-in-law. On my
mother presenting my grandfather with his first grandson, he bade her
slip it on her finger, as the mother of an heir. Nearly forty years
after, when I was a young girl, I well remember my mother's horror and
dismay when my cousin Patrick--the head of the family--after his
majority, opened at our house a box of papers which, during the
family's absence abroad, had been left in my mother's care; for there
was the ring in which the stone was set--no longer guarded within the
walls of Inchbrakie. A few years after this the first acres of the old
Barony of Inchbrakie and Aberuthven were sold; now there is not one of
them left.
"The ring is still retained among the family papers--such, at least, as
were left after the burning of the castle by Cromwell. It is a
moonstone sapphire, set in two brilliants of different shape. There is
a curious bluish enamel on part of the gold, which is embossed half-way
round. There is also a charm, which is said to have belonged to Kate
M'Niven. It is a slight iron chain with a black heart, having two
cross bones in gold on the back, bearing the words 'cruelle death' on
it, and attached to it a death's-head in the shape of a serpent's head
with curious enamel."
The first statute in Scotland against witchcraft was passed in the year
1563, during the reign of Queen Mary, and is here inserted as a sample
of the simple and concise enactments which were passed in these days:--
"Queen Marie--Ninth Parliment
IV. of June, 1563.
73. Anentis Witchcraftes.
Item--For sa meikle as the Queen's Majesty, and the three estates in
this present Parliament, being informed that the heavie and abominable
superstition used by divers of the lieges of this realm, by using of
witchcrafts, sorcerie, and necromancie, and credence given thereto in
times by-gone, against the law of God; and for avoiding and
away-putting of all such vain superstition in times to come, it is
statute, and ordained by the Queen's Majesty, and the three estates
aforesaid--that no manner of persone or persones, of what-sum-ever
estait, degree, or condition they be of, take upon hand in onie times
hereafter to use onie manner of witchcraft, sorcerie, or necromancie,
nor give themselves forth to have onie such craft or knowledge thereof,
their-throw abusan the people; nor that onie persone seek onie help,
response, or consultation at onie such users or abusers foresaid, of
witchcraft, sorcerie, or necromancie, under the pain of death, as well
to be execute against the user, abuser, as the seeker of the response
or consultation. And this is to be put in execution by the justice,
sheriffs, stewards, bailies, lords of regalites and royalties, their
deputies, and other ordinary judges competent within this realm, with
all vigour, and they have power to execute the same."[8]
That Kate Nike Neiving--not M'Niven, as her name is generally
pronounced--was among the first to suffer as the result of the passing
of this statute, is clearly proved by referring to the case of John
Brughe, the notorious Glendevon wizard, who was tried at Edinburgh on
November 24th, 1643, for practising sorcery and other unholy arts. It
was alleged against him that he had obtained his knowledge "from a
wedow woman, named Neane Nikclerith, of threescoir years of age, quha
wis sister dochter to Nike Neveing, that notorious infamous witche in
Monzie, quha for her sorcerie and witchcraft was brunt fourscoir of
yeir since or thereby."[9]
That the date of the burning of the witch at Monzie took place in the
year 1563, and not, as is generally supposed, in the year 1715 is not
only proved by the recorded evidence in the case of John Brughe already
referred to, it also receives confirmation from the fact that although
reference is made over and over again in the Session Records to public
events, there is no mention made of the witch. An additional argument
for the earlier date is also found in the fact that Patrick Graeme,
younger of Inchbrakie (referred to by Dr. Marshall as the person who
brought Kate to the stake, and by Mr Blair as the man who would prove
the means of her death), had been for over twenty years in exile.
Having slain John, the Master of Rollo, when returning homewards from a
revel at Invermay, he escaped abroad, and it was not till the year 1720
that he procured remission of his sentence and returned to Inchbrakie.
That he did return is proved by the fact that he was a witness to a
feu-charter, granted by Anthony Murray of Dollary, to Donald Fisher,
taylzior in Crieff, dated "at Dollary," January 13th, 1725.
An attempt has been made not only to fix the date as 1715, but also to
give a list of the "understanding gentlemen, magistrates, and ministers
of the neighbourhood," who acted as judges on the occasion; and in
particular the then minister of Monzie--Mr Bowie--is singled out as one
of those who are said to have been bitter against the witch, and
because of the part he is supposed to have taken in bringing her to
justice, not only was a curse pronounced upon the parish, but for
rhyming purposes a curse is also pronounced on Mr Bowie and his
successors in office--
"Yon bonnie manse shall ne'er a tenant see
Who shall not yet this bitter day abye,"--
a curse which has not been realised, so far as we know, in the case of
any of those who have ministered in holy things in the parish. If
there is any honour attached to the work of burning witches, we
conclude that the parish can claim the honour of being the first to
obey the law enacted on the 4th of June, 1563, and if the evidence
given at the trial of John Brughe be at all reliable--as we have no
reason to doubt--the real name of the witch was Kate Nike Neiving.
Fifty years ago, Monzie was a flourishing village of one hundred and
twenty inhabitants, while in the immediate neighbourhood there would be
perhaps two hundred and thirty more. Now, the population over the same
area is not above a fourth of that number. The few cottages that
remain speak of other days, and the old churchyard, and the jougs--an
iron collar in which offenders were pilloried--fastened to the porch of
the church, bring back the long-forgotten past. Many changes have
taken place during the last fifty years. Pendicles have been swept
into large farms; the industry of weaving and spinning has disappeared.
But the natural aspect of Monzie is unchanged: the Almond and the
Shaggie still run sunny and clear from the everlasting hills through
her silent vales, which look upon the lover of nature with a face of
beauty as fresh and entrancing as ever.
[1] _Statistical Account of Monzie_, by Mr Laurie.
[2] _Letters from a Gentleman in the North of Scotland_, 1732.
[3] _Liber Insule Missarum_.
[4] _Memorials and Queries_. Printed by Constable, Edinburgh, 1846.
[5] _The Holocaust_. By Rev. George Blair. Edinburgh: 1845.
[6] The first Graeme of Inchbrakie was a son of the first Earl of
Montrose. His father gave him a charter to it, and to Aberuthven,
dated June, 1513.
[7] The stone had been honoured by being set in a gold ring.
[8] _Waverley Anecdotes_, p. 190.
[9] _The Darker Superstitions of Scotland_. By John Graham Dalziel.
Glasgow: 1835, p. 579.
THE CASTLE, BARONY, AND SHERIFFDOM OF AUCHTERARDER
By A. G. REID, F.S.A., Scot., Auchterarder
Tradition asserts that the Castle of Auchterarder was one of the seats
of the Scottish Kings and the residence of King Malcolm Canmore, who
granted the Common Muir to the neighbouring burgh. The Barony was
originally a Crown possession. Being situated on the road from the
Royal Palaces of Scone and Forteviot to Stirling, and the principal
manor place of a Barony belonging to the Crown, there is every
probability that the tradition of its having been a royal palace is
correct, and that the warlike Malcolm and the sainted Margaret abode
within its walls.
Auchterarder was one of the Royal Burghs of Scotland. It may be said
that no charter of erection is in existence, but its absence is
explained by the fact that the proximity of a royal seat gave the
neighbouring town the status of a Royal Burgh. Whether or not
Auchterarder got a charter of erection from the Sovereign, no doubt can
exist that at a very early period it was one of the Royal Burghs of
Scotland. In the charter of William, the son of Malise, of the lands
within or outside the town of Auchterarder, still known as the Abbey
lands, granted to the Canons of Inchaffray, which lands he had bought
from John, the son of Baltin, he not only appended his own seal to the
writing, but, for greater security and fuller evidence, procured to be
appended thereto the common seal of the Burgh of Auchterarder.
The Barony of Auchterarder remained Crown property until the time of
King Robert the Bruce. King Alexander II., by charter, dated at Cluny,
the 13th day of August, in the eleventh year of his reign (1227),
granted to the Canons of the Abbey of Inchaffray the teind of his
duties of Auchterarder to be drawn yearly by the hands of his tacksmen
and bailies of Auchterarder.
In 1296, Edward I. invaded Scotland with 5000 armed horse and 30,000
footmen. He passed the River Tweed on 28th March, and continued his
progress until 24th April, when he routed the Scots at Dunbar with
great slaughter. He continued his triumphant progress northwards,
resting at various places. We are told that "on the Thursday he went
to Stirling, and they who were within the Castle fled, and none
remained but the porter, who surrendered the Castle, and there came the
Earl of Strathearn 'to the peace,' and there tarried the King five
days. On the Wednesday before the Feast of St. John (20th June) the
King passed the Scottish sea, and lay at Auchterarder, his Castle; on
the Thursday, at St. John of Perth, a good town, and there abode
Friday, Saturday, and Sunday; this same day was John the Baptist's
Day." His progress and the places at which he stayed are
circumstantially narrated in the Itinerary from which we quote. He
returned to Berwick on 22nd August, and the chronicler adds--"And he
conquered the realm of Scotland, and searched it, as is above written,
within twenty-one weeks without any more."[1]
Attention is directed to the terms of the words of the Norman French
Itinerary in reference to the King having taken up his residence in
Auchterarder Castle. "_Le Mescredy devaunt Seint Johne passa le roi le
Mere d'Escoce et jut â Outreard, son chastelle._" Reference is made in
the narrative to many other castles in which the King lay, but only in
this instance is the castle stated to have belonged to him. This is
conclusive evidence that the Castle was the property of the Crown, and
that the King took up his abode in it as such.
The halting of Edward I. with his army at Auchterarder was not the only
occasion upon which Auchterarder received an embattled host. In 1332
the Scottish army of Donald, the Earl of Mar, 30,000 strong, lay at
Auchterarder previous to the disastrous Battle of Dupplin,[2] and in
1559 the army of the Dowager Queen Mary, under the Duke of Hamilton and
Monsieur d'Osel, lay there, prepared to encounter the Lords of the
Congregation.[3] The most disastrous military visit and the last was
when the Earl of Mar, in 1716, burnt the town.
Auchterarder being the only Royal Burgh in Strathearn, was the head
burgh of that County Palatine and the seat of a Sheriffdom, the area of
which was probably co-extensive with Strathearn. In the interregnum
after the death of Alexander III. the office of Sheriff was vested in
Malcolm of Innerpeffray, who, in the _compotus_ of the extent of all
the King's lands of Scotland for the period between 25th April, 1304,
and 28th February, 1305, accounted as "Sheriff of Uthrardor of its
issues, iocs."; and again, "from said Sir Malcolm of the issues of the
Sheriffdom of Uthrardor and the farms of Glendowiche, £58."[4]
The Sheriff figures in a transaction in the Scottish War of
Independence. There was an Inquisition at Perth held on 1st September,
1305, before Malise, Earl of Stratherne, lieutenant of the warden north
of Forth, and Malcolm de Inverpefray, Knight, Deputy of John de
Sandale, Chamberlain, and William de Bevercotts, Chancellor of
Scotland, on certain articles touching the person of Michael de Miggal
by Gilbert de Hay, David de Graham, and others; "who say on oath in
Michael's presence that he had been lately taken prisoner forcibly
against his will by William le Waleys, that he twice escaped, but was
followed and brought back, and he was told if he tried to get away a
third time he should lose his life. Thus, it appears, he remained with
William through fear of death and not of his own will." The following
deliverance is endorsed:--"The Chamberlain is 'commanded to give him
his goods and chattels of the King's special grace.'"[5] The Sheriff,
as Chamberlain, no doubt favourably represented to the King Michael's
excuse, as the subsequent conduct of both the Earl of Strathearn and
himself showed a fellow-feeling, and that, like Michael, they had been
acting under constraint.
On 15th September, 1305, King Edward I., with the concurrence of ten
Scots and twenty-two English Commissioners to his Parliament, made an
ordinance containing certain regulations "for the settlement of
Scotland." Amongst these regulations was the following:--"That there
should be Sheriffs natives either of Scotland or England, to be
appointed or removed by the Lieutenant or the Chamberlain, at
discretion, who should execute the office of escheatry as usual, and
that none should be appointed but the most sufficient men and most
profitable for the King, and people, and the maintenance of peace."
Sir Malcolm de Innerpeffer was appointed, or rather continued, in
office of Sheriff of Auchterarder, and he was at same time appointed
Sheriff of the shire of Clackmannan.[6] The appointment did not,
however, extinguish the Sheriff's patriotism, as the next thing we hear
of him is:--
"The King sends to Walter, Bishop of Chester, the Treasurer, Malcolm de
Innerpeffrei, Knight, who at the time of this last 'riote' of the Scots
was the King's Sheriff of Clackmannan and Auchterarder, but
nevertheless was one of the first to join Sir Robert de Brus, and
wickedly allotted the Earls of Menteth and Strathern in aiding said
Robert; also fought against the King at the Battle of Seint Johan de
Perth, and has done all the damage he could, commanding that he be
secured in some strong castle, not in irons, but body for body."
"Whereon said Malcolm was at once delivered to the Constable of the
Tower of London, on the 7th of December."
Another writ follows regarding Sir Malcolm's two horses, which the King
permits him to make profit of at pleasure.[7]
We do not know the result of the proceedings against the Sheriff of
Auchterarder, but as his two horses were restored to him, he seems to
have been treated leniently. In regard to the Earl, we find that in
November, 1306, he presented a memorial to the King and Council,
showing that he was compelled to join Sir Robert de Brus through fear
of his life.
The Castle and Barony of Auchterarder appear to have been Crown
possessions until the reign of Robert the Bruce, when they became the
property of Sir William de Montfichet or Montifex, appointed Justiciar
of Scotland in 1332. The family was of Norman extraction. They had
possessions in England, and a branch for some time settled in Scotland,
Robert Montfichet being a witness to a charter of William the Lion in
1184. In Robertson's _Index of Ancient Charters_ there occurs an old
official inventory, compiled, apparently, about the close of the
sixteenth century, in which mention is made of a charter--"Wilhelmo de
Montefixo of the lands of Auchterarder with the town duty." Sir
William Montfichet or de Montifex had large possessions, being not only
proprietor of the Barony of Auchterarder, but of Cargill and Kincardine
in Menteith, and other lands in Perthshire; and also of Kilmahew, in
Dumbartonshire, and other lands. He had three daughters, who became
his heirs-portioners. To his eldest daughter Marie he left the estates
of Auchterarder, Cargill (or Stobhall), and Kincardine in Menteith.
She married Sir John Drummond, the seventh Thane of Lennox. Sir John
Drummond's eldest daughter was Annabella Drummond, Queen to Robert III.
Our present Gracious Sovereign Queen Victoria is a lineal descendant of
Marie Montifex of the Castle of Auchterarder.[8]
In the reign of David II. mention is made of the Burgh of Auchterarder
in the account of the Great Chamberlain for 1366 as being in arrear of
the contribution for payment of the King's ransom, being due the sum of
thirty-one shillings.[8] In 1374, the Chamberlain debits himself with
thirty-three shillings and fourpence received from the bailies of
Auchterarder for contribution; and there are two different entries in
the rolls of 1390, both relating to a debt owing by the Crown to the
community of Auchterarder on account of certain services to the late
King Robert II. There is also another entry in the Chamberlain Rolls,
under date 1435, in which it appears that the services to the Crown had
not been uplifted by the Chamberlain from the burgesses of Cromarty,
Dingwall, and Ochterardor, because no Chamberlain aires had been held
within those burghs at the time when the account was made up. Under
date August, 1569, in the accounts of the High Treasurer there is an
entry, where the "customaries of Ochterairder" are mentioned along with
those of St. Andrews.
On 14th August, 1565, by Act of the Privy Council, in name of Henry and
Mary, it was ordained "that lettres be direct to officiaris of armes
chargeing thame to pas to the mercat croces of the Burrowis of
Edinburgh, Hadingtoun, Linlythquow, Striviling, Clakmannane, Kinross,
Uchterardour, Perth, Cowper, and all utheris places needful, and thair
be oppin proclamation in thair Majesteis' name and autoritie to charge
all and sindrie Earlis, Lordis, Baronis, frehalderis, landit men, and
substantious gentilmen dwelland within the bundis (_inter alia_ of the
Stewartrie of Stratherne), with their houshaldis, honest friendis, and
servandis weil bodin in feir of weir, and providit for xv. days after
thair comin, to convene and meet the King and Quenis Majesteis at the
places and upon the days respective efter following--that is to say,
the inhabitantis of Stratherne to meit thair hieneises at Striviling
Brig upon Sounday the xii. day of August instant."[10]
Not only is there thus evidence of Auchterarder being assessed in dues
and exercising the privileges of a Royal Burgh, but, what is of more
importance, as showing its burghal character, is, that there are three
separate precepts of Parliament--in 1570, 1581, and 1600--summoning
Commissioners to Parliament from the Burgh. No doubt the names of the
Commissioners do not appear in the Rolls of Parliament, but that did
not derogate from the right of the Burgh to send them; and the probable
cause of their not having been sent, and of the infrequency of
Auchterarder appearing in the public records, arose from its being
completely inland, and without foreign trade, on which the great
customs were levied, and consequently being one of what were called dry
burghs. Owing to this, and being much exposed to predatory incursions,
it had fallen into an unprosperous and decayed state, which would well
account for the fact common enough to Royal Burghs of its not sending
any Commissioners to Parliament.
This state of matters is quaintly described in the Act of Parliament of
30th November, 1581, entitled "Ratification of the Fair of
Vchterardour," which had been obtained with a view to restore the
prosperity of the burgh. The Act is in the following terms:--
"Oure Souerane Lord and three estaites of this p'nt Parliament,
understanding that the burgh of Vchtirardour is of auld erectit in ane
frie burgh regall, and that the samin is far distant fra the say
portis, and hes not usit faires nor m'cat dayis; the samin is becum
decayit, and the inhabitantis thereof pure sua that thai ar not abill
to intertene the civill ordor of ane frie burgh, nor zit execute sic
justice as thay micht in the cu'trie about being opressit dyvers tymes
be broken men and lymmeris, quha makis incursiones, and hereis mony
cu'trey men and manassies aftymes the inhabitantis of the said town and
burgh; and thairfoir said Souerane Lord wt. auise foirsaid, for help of
the comoun welth of the said burgh, and support of the inhabitantis
thairof, hes given and grantit lyk as his heires wt. auise forsaidis,
gevis and grantis license, fredome, and libertie to the provost,
bailleis, inhabitantis, and communitie of the said burgh of
Vchtirardour to hald zeirlie ane trie fair and m'cat day upoun the 25th
day of November nix to cum, and to cotinew zeirlie thairefter in all
tymes cu'ing, declarand expresslie be thir p'ntis that all or Souerane
Lordis liegis may resort and repair thairto for bying and selling of
all guidis and m'chendice thairintill, quhairby the policie of the said
burgh may the better incres, and that the liegeis also may haif the
better eisement and intertertenigment for decora'un of the realme; and
ordainis l'res of publica'un to be direct hereupon in form as effeiris."
This fair--the date being transferred by the change of style to 6th
December--though shorn of its former importance, is still held. It was
the day for reckoning and paying yearly accounts in the town and
district, and was until lately a large cattle market.
After the Act of Parliament establishing the fair there is little
reference in contemporary records to Auchterarder. The Castle and
Barony continued in possession of the noble family of Perth, which
during the eventful years of 1715 and 1745 exercised its influence, not
without effect, in the district in favour of the exiled family. One of
the most memorable events in the history of Auchterarder was the
burning of the town in January, 1716, by the Earl of Mar, after the
Battle of Sheriffmuir, in order to prevent shelter to the Duke of
Argyll's army, which in pursuit had to encamp amidst the scene of
desolation. This was an impolitic act, and calculated to exasperate
the public mind against the exiled family. The burning was accompanied
by great hardship, having been done during the depth of winter in a
snow storm. The sufferers, after great delay and protracted
litigation, succeeded in obtaining payment from the Exchequer of a
pecuniary consideration, called the "burning money," in respect of
their losses.
After the Act for the abolition of the heritable jurisdictions in 1748
the portion of Auchterarder strictly burghal ceased to have titles
completed in the burgage form. Until that date titles were made up on
burgage holding and resignations made in favour of the bailies of
Auchterarder, who probably received their appointment from the family
of Perth, the proprietors of the adjoining Barony. No burgh register
existed, and the instruments were somewhat anomalously recorded in the
Particular Register of Sasines. A difficulty was presented as to
completing titles when there were no bailies to give infeftments or
receive resignations; and so late as 1832 a petition was presented to
the Court of Session praying the Court to appoint bailies to the burgh
of Auchterarder to give infeftment. The then proprietor of the Barony,
conceiving this was derogatory to his rights as alleged superior,
entered appearance, and the petition was withdrawn on the superior
offering to give a charter of the lands in question to complete the
title.