Gathering information on the Innes family of Scotland, which takes its name from the lands of Innes in Moray.

WIkipedia: Clan Innes is a Scottish clan. The clan is without a chief that is recognized by the Lord Lyon King of Arms; therefore it can be considered an armigerous clan. The clan takes its name from the lands of Innes in Moray, Scotland.

Clan Innes claims descent from a Berowald, a Flemish knight, who was given the lands of Innes by Malcolm IV of Scotland in 1160. Berowald's grandson, Walter, assumed the surname Innes and was granted a charter of confirmation by Alexander II of Scotland in 1226. In 1452, Robert Innes, the eleventh laird, fought under the Earl of Huntly at the Battle of Brechin. He later founded the Greyfriars of Elgin in an attempt to repay for his sins. The twentieth chief of Clan Innes, Sir Robert, was a Member of Parliament for Moray and was made a baronet of Nova Scotia in 1625. The third baronet, Sir James, married Lady Margaret Ker (whom through the sixth baronet inherited the Ker dukedom of Roxburghe. The twenty-fifth chief (and sixth baronet), Sir James Innes, claimed the dukedom of Roxburghe in 1805 when the previous duke died without a direct heir. Later, in 1812 the House of Lords ruled in favour of Sir James, rejecting claims by the heir female of the second earl and heir male whatsoever of the first earl. Because of the ruling Sir James took the surname Innes-Ker and was titled James Innes-Ker, 5th Duke of Roxburghe.[1] The present duke of Roxburghe is heir to the chiefship of the clan, however since he bears the surname Innes-Ker the Lord Lyon King of Arms will not recognise him as chief of the name Innes.[2]

The crest badge suitable for clan members to wear contains the heraldic crest of a boar's head erased Proper, and the heraldic motto of BE TRAIST.[3]

See also

Innes Baronets

Duke of Roxburghe

References

1. "Clan Innes". Standing Council of Scottish Chiefs (clanchiefs.org). Retrieved 2008-11-01.
2. The Standing Council of Scottish Chiefs Requirements for Recognition
3. Way of Plean, George; Squire, Romilly (2000). Clans & Tartans. Glasgow: HarperCollins. p. 132. ISBN 0-00-472501-8.

External links

• Innes Clan Society

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Excerpt from William Anderson's The Scottish nation: or, The surnames, families, literature, honours and biographical history of the People of Scotland, Volume 2. A. Fullarton & Co., Edinburgh, 1867. pp. 534-537.

Innes, a local surname of great antiquity, derived from the British Ynys, (Gaelic Inis) and having the same signification as its derivative Inch, an island. The name, as given to the barony of Innes in the parish of Urquhart, in Moray, is very appropriate, part of it being an island formed by two branches of a stream running through the estate. The word is also sometimes used to denote level ground near a river. One Berowald, a supposed Fleming, a person of considerable rank and distinction in the reign of Malcolm IV. (1153 —1165) got a charter from that monarch, for good services done against the rebellious natives of Moray, of the lands of 'Innes and Easter Urcart,' wherein he is styled Berowald Flandrensis. This charter is dated, as was the practice in those days, from a remarkable era, "apud Perth, in natali Domini proximo post concordiam regis et Sumerledi," &c. As there were two reconciliations of the Sumerleds to the crown, one in 1154, and the other in 1164, and as William, bishop of Moray, one of the witnesses, died in 1162, the date must refer to Christmas 1154.

Berowald's grandson, Walter, was the first that assumed the surname of Innes from his lands, and thus was the progenitor of all the Inneses in Scotland. He got a confirmation of the charter of his estate from Alexander II in 1226. Walter's grandson, William, was the first designed, in the chartulary of Moray, dominus de Innes, and his son, also named William, is mentioned in the burgh records of Elgin as baron de Innes. The grandson of the latter, Alexander, the seventh from Berowald and the eighth of his house, had three sons.

1. Sir Walter, who, on his death in 1393, succeeded him, but died unmarried.

2. Sir Robert, who continued the line of the family; and

3. John, bishop of Moray, from 1406 to 1414. It appears from his tombstone that this prelate gave great assistance to the rebuilding of Elgin cathedral.

The second son, called the good Sir Robert, by his marriage with dame Janet Aberkerder, daughter and heiress of Sir David, thane of the lands of that name, was enabled to leave both the estates of Innes and Aberkerder to his son, Sir Walter, who received a charter to the latter estate, dated January 16, 1426, from Lord Lindsay of the Byres, the then superior. He had also another in 1433 from the earl of Ross. By his first wife, Eupham Fraser, daughter of the first Lord Lovat, he had, with two daughters, three sons:

1. Sir Robert, his heir.

2. Berowald-Rufus, or the Red, designed of Hatton, from whom some of the Inneses of Caithness are descended; and

3. John, bishop of Caithness, who died in 1148.

By a second wife he had a son, John, of Ardmilly, ancestor of several families of the name of Innes.

The eldest son, Sir Robert Innes, distinguished himself at the battle of Brechin in 1452. He married a daughter of the baron of Drumlanrig, by whom he had, with two daughters, three sons:

1. James, his heir.

2. Walter, ancestor of the Inneses of Innermarkie, afterwards of Balveny, of whom were descended the Inneses of Cockstone, Orton, Inchbrakie, Auchintoul, &c. 1 and

3. Robert, progenitor of the Inneses of Dreynio, &c . He died before 1464. His son, James of that ilk, called "James with the beard," was armour-bearer to King James III, and from that monarch he had charters of several lands in Moray. According to the family papers, he married Janet Gordon, daughter of the third earl of Huntly, and, with two daughters, had two sons, Alexander, and Robert; the latter first designed of Cromy, and afterwards of Rathmakenzie, who carried on the line of the family. By a second wife, he had four sons, from whom are descended several families of the name of Innes.

Alexander, the eldest son, the 17th laird of Innes, possessed a vast estate, having got no less than six charters under the great seal, of lands and baronies, in the years 1493,1507, 1528, and 1533. By a precept from his uncle, George, earl of Huntly, dated 8th Sept. in the first mentioned of these years, he was infeft in the whole lands of the forestry of the Boyne. He died before 1541. He had two sons: Alexander, his heir, and William, of Forrester-seat, who, "in his old days," succeeded his brother, and a daughter, Margaret, married to her cousin, James Innes of Cromy. The author of the 'Historical Account of the Family of Innes,' (Edin. 1820, 4to,) says: "It appears by their many agreements that both these Alexanders (father and son) had been very uneasy to the brother (of the former), Robert of Rathmakenzie and his family, which may be one reason why God, in his justice a little after this, extinguishes the race of Alexander, and leaves the inheritance to the children of his oppressed brother, Robert," (page 32).

By his wife, Elizabeth, daughter of Lord Forbes, Alexander had only a daughter, the wife of William Sinclair, brother of the earl of Caithness. The latter had sent over his brother to engage the lady for him, but she preferred William to his lordship, and brought with her for tocher the lands of Dunbaith and parish of Reay, which had till then belonged to the house of Innes. Alexander had several natural sons, to whom he gave landed estates, and from them some families of the name of Innes are descended.

His brother, William, of Forrester-seat, and 19th laird of Innes, had two sons and a daughter, the latter married to Robert Innes, younger, of Innermarkie. The elder son, Alexander Innes of that ilk, married Lady Janet Gordon, eldest daughter of the 14th earl of Sutherland. He is represented as having been of a proud and violent disposition, which involved him in several lawsuits with kinsmen of his own, one of whom was Innes of Pethnok. In 1576 he met this gentleman at the cross of Edinburgh, when some high words passed between them, and the laird of Innes killed him on the spot with a blow from his dagger. Instead of trying to escape, however, he remained walking up and down at the cross for some time, until the earl of Morton, then regent, sent a guard to apprehend him. He was imprisoned in the castle, and for the crime was soon after tried, condemned, and executed. The family account above quoted states (page 36) that, after condemnation, he had made an agreement with the regent for a remission of the sentence, giving him for it, the barony of Kilmalemnock, worth 24,000 merks of yearly rent, but "the evening after the agreement was made, and writ given, being merry with his friends, at a collation, and talking anent the dearness of the ransom the regent had made him pay for his life, he vaunted that, had he his foot once loose, he would fain see what earle of Morton durst come and possess his lands; which being told to the regent that night, he resolved to play sure game with him, and, therefore, though what he spoke was in drink, the very next day he put the sentence of death in execution against him, by causing his head to be struck off in the castle, and then possest the estate."

Having no male issue, he was succeeded by his brother, John Innes of Innes. John, of a weak, inactive, and facile disposition, having no issue, was induced to enter into a mutual bond of entail with Alexander Innes of Cromy, his cousin and nearest heir male, son of James Innes of Cromy, who was killed at the battle of Pinkie, 10th September 1547. By this deed, dated 15th March 1577, it was agreed that failing heirs male of either, the other should succeed to their whole estates, and as Alexander of Cromy immediately assumed the title of lnnes of that ilk, and acted as head of the family, even in the lifetime of laird John, great dissatisfaction was expressed by the other relatives, particularly by Robert Innes of Innermarkie, who was highly incensed at such a settlement of the estates. The family annalist says that Cromy, who was one of the bravest of his race, offered to meet Innermarkie in single combat, and to lay the deed of entail on the grass, to see if he durst take it up, but that the latter declined this, by, as he pretended, the persuasions of his friends. He had, however, resolved upon Cromy's death, and he shortly after carried his design into execution.

Alexander of Cromy was twice married, and by his second wife, Isobel, daughter of Arthur Forbes of Balfour, brother of the eighth Lord Forbes, had a son, Robert, who succeeded him. In April 1580 he had gone to Aberdeen, for the purpose of seeing his only son, Robert, then about sixteen years old, who had been taken ill at college. With a considerable number of attendants, Innes of Innermarkie and laird John, whom he had induced, by his representations, to believe that he had been cheated out of his inheritance by his cousin, Alexander of Cromy, rode to Aberdeen, and about midnight arrived at Alexander's lodging. By raising the cry of "Help! a Gordon! a Gordon! as if a sudden fray had taken place in the street, they succeeded in arousing him. Warmly attached to the Gordons, he started from his bed, and seizing his sword, opened a door that led to the court below, when Innermarkie immediately shot him through the body. Such of his followers as were near then fell upon him and stabbed him with their daggers. Laird John was compelled, by threats, to do the same, and Innermarkie actually forced John Innes, afterwards of Cockstone, then a youth at school, to rise from his bed, and plunge a dagger up to the hilt, into the body of his murdered kinsman. The assassins next intended to seize the son, Robert Innes, but alarmed by the noise, the young man, sick as he was, had left his bed, and by the help of a friend, escaped by a back-door into the garden, whence he was taken to the house of a neighbour.

Innermarkie then took off the dead man's signet ring from his finger, and having bribed one of his servants, he despatched him, with it, to Innes house, to show it to the widow of his master, as from her husband, and to ask, as if by his orders, for the box containing the title-deeds of the estate, with the deed of entail. The lady accordingly delivered up the box, and allowed him to depart. A young kinsman of the family, Alexander Innes, afterwards of Cotts, being then at Innes house, felt a strong inclination to return with the messenger, to see his sick friend, young Robert Innes, and on his leaving the stable he jumped up behind him on the horse's back. A scuffle ensued between them, when the servant drew his dagger, but the youth wrested it from him, and stabbed him with it, so that he fell off the horse dead. The youth then returned to Innes house with the box and deeds, and told what had happened. At this very time, another servant arrived from Aberdeen, with the news of the murder. Lady Innes secured all the papers, and fled for protection to her friends, who immediately conducted her to the king, to whom she made her complaint. The earl of Huntly, a relation by blood of the family of Innes, on hearing of the murder, hastened to Aberdeen for the protection of young Robert Innes, whom he carried to Edinburgh, and for greater security placed him under the guardianship of the third Lord Elphinstone.

In the meantime, Laird John and Innermarkie had proceeded to Innes house, and the former was re-invested in the estates. Five weeks after the slaughter, on 17th May 1580, Innermarkie got from Laird John a new disposition of the estate of Innes in his favour, reserving his own life rent. Two years afterwards they were declared outlaws, and Robert Innes, who had married Lord Elphinstone's daughter, went north from Edinburgh, with a commission against them both, and all others who had been accessory to his father's death. Laird John endeavoured to escape to the south, but was discovered, apprehended, and sent back to Innes house, by the friends of Lord Elphinstone. Robert did not put him to death, but made him sign his name to various writs, and compelled him to give up the charter chest with all the deeds it contained. Iunermarkie took refuge for a while in the hills, but afterwards had a retreat, of difficult access, within the house of Edinglassie. In September 1584, he was surprised there by the young laird of Innes, and a party of adherents, the place of his concealment being first entered by Alexander Innes, the slayer of the faithless servant, who ever after got, in consequence, the name of ' Craig-in-peril.' Innermarkie was instantly slain, his head cut off, and conveyed to Lady Innes, who made a journey to Edinburgh with it, for the purpose of laying it at the feet of the king, "a thing," says the relator, "too masculine to be commended in a woman." (Hist. Account of the Family of Innes, pp. 50—58.) The animosity between the families subsisted till November 1587, when, by the interposition of influential friends, all differences were accommodated, and the parties reconciled by mutual contract, the son of Innermarkie having renounced all pretensions to the estate and chiefship of Innes.

Robert, the 23d Innes of that ilk, by his wife, dame Elizabeth Elphinstone, had, with tbree daughters, two sons, Sir Robert, who succeeded him, and Sir John, styled of Cromy, who was father of Sir Robert Innes of Muirtoun.

The elder son, Sir Robert, 24th of that ilk, was created a baronet of Nova Scotia, to him and his heirs male whatever, 29th May 1625, being the fourth on the roll. The family annalist states that a cadet of the family, Innes of Balveny, with the view of ohtaining precedence of his chief, had applied for a baronetcy, of which Sir Robert Gordon of Gordonston, a gentleman of the king's bedchamber, brother of the earl of Sutherland, and an intimate friend of Innes of Innes, sent him timely notice. He immediately applied for one of a prior date, which was granted, and Balveny's deferred till 1628. Sir Robert was sworn a privy councillor for life, and appointed one of the committee of Estates by the parliament, in 1641. He seems, however, to have been a royalist, for when he was forced to acknowledge the parliament in 1619, he was obliged to get his eldest son, Robert, to become surety for his good behaviour, in time to come. He had tbree sons and five daughters. The sons were: Sir Robert, second baronet; James, of Lichnett; and Captain William Innes oi the guards.

The eldest son, Sir Robert, second baronet, married Mary, daughter of Lord Ross of Hawkhead, and had, with six daughters, two sons, the younger of whom died unmarried. The elder, Sir James, third baronet, married dame Margaret Ker, daughter of Henry, Lord Ker, only son and apparent heir of Robert earl of Roxburghe, in consequence of which marriage his great-grandson ohtained the titles and estates of the dukedom of Roxburghe. With tbree daughters, Sir James had three sons: Robert, who died in France before his father; Sir Hary, fourth baronet; and Hugh, who died in Flanders.

Sir Hary, fourth baronet, was elected M.P. for Elginshire, in July 1704, and died 12th November 1721. By his wife, Jean, daughter of Duncan Forbes of Culloden, he had a numerous family, most of whom died young. One of his sons, Hary, succeeded as fifth baronet; and another, John, of Lochbroom, was an officer in the army.

Sir Hary, fifth baronet, was appointed inspector of seizures in Scotland, in March 1748, and died in 1762. With five daughters, he had three sons. Hary, the eldest, having predeceased him, under age, James, the second, became sixth baronet . In 1767 he sold the estate of Innes to James, earl of Fife, and went to reside at Innes in Devonshire. On the decease of John, fourth duke of Roxburghe, 22d October 1805, Sir James Innes, as heir-general of the first earl of Roxburghe, assuming the additional name of Ker, claimed the titles and estates of that great family, and obtained them by a decision of the House of Lords in 1812 (see Roxburghe, duke of). In 1837 the duke of Roxburghe was created earl of Innes in the British peerage. The family annalist states that in the long course of their succession they were fortunate in three things. First, that their inheritance never went to a woman; next, that none of them ever married an ill wife; and, thirdly, that no friend ever suffered for their debt.

The family of Balveny, afterwards designed of Orton and Cockstoune, derive from Robert Innes, fifth baron of Innermarkie, the son of the murderer of Alexander Innes of Cromy above mentioned. He acquired from Lord Ochiltree the lands of Balveny, in Banffshire, to which he got a charter in 1615, and in consequence it became for a time the chief designation of the family. He was created by Charles I a baronet of Nova Scotia, 12th February 1631, the title being to him and his heirs male. He had three sons: 1. Sir Walter; 2. William of Kinnermony; and 3. James, a colonel in the army. The eldest son, Sir Walter, second baronet, and his son, Sir Robert, third baronet, suffered many hardships for their loyalty in the reigns of Charles I and II, and the family estate being greatly encumbered in consequence, was sold by the latter soon after the Restoration. On the death of the fourth baronet without issue, the title devolved upon his cousin James, son of Walter Innes of Orton, in Speyside, and grandson of William Innes of Kinnermony, second son of the first baronet.

Sir James Innes of Orton, fifth baronet, had, with two daughters, five sons, and died in 1722. His eldest son, Sir Robert, of Orton, sixth baronet, received a liberal education, but on his father's death was left with scarcely any land or property, and having been brought up to no trade or profession, was compelled to enlist as a private soldier in a regiment of dragoons, dropping his title for the time. While doing duty as sentry one evening at the quarters of Colonel Winram, the commander of his regiment, he was accosted by a gentleman, who desired to see the colonel. The stranger seemed struck with his appearance, and on being admitted, he informed Colonel Winram that the sentry before his door was a baronet of ancient lineage, Sir Robert Innes of Orton, who had disappeared suddenly from society, and it was supposed had entered the army. The colonel immediately desired another sentinel to take his place, and Sir Robert to be ushered into his presence. Soon after he procured a cornetcy of dragoons for him. Sir Robert subsequently married the colonel's daughter and heiress, Margery Winram, and had an only surviving daughter, Catherine, married to James, 16th Lord Forbes. He died in 1758, and was succeeded by his brother, Sir Charles, sixth baronet, an officer in the army, on whose death in 1763, his next brother, Sir William, became 8th baronet. The latter died in 1817, when, having only daughters, the title reverted to his kinsman, Sir John Innes. of Edengight. Banffshire, lineal descendant of John Innes ol Edengight, great-uncle of Sir Robert Innes, 1st baronet. On his death, March 23, 1829, his elder son, Sir John, became 10th baronet, at whose decease, Dec. 3, 1838, the title devolved on his brother Sir James Milne Innes, 11th baronet, born Feb. 24, 1808, married in 1837 Elizabeth, daughter of Alexander Thurburn, Esq. of Keith, issue, John, born Nov. 25, 1840, 4 other sons and 3 daughters; a deputy-lieutenant of Banffshire.

The family of Innes of Raemoir in Kincardineshire is a branch of the family of Balveny above described. Alexander Innes of Cowie and Breda, who died in 1788, was 2d son of John, 8th laird of Edingight, by Jane, daughter of Duff of Craigstone His 2d son, William Innes of Raemoir, born in 1781, married Jane, daughter of Alex. Brebner of Learsey, has 2 sons and a dr. Eldest son, Alex. Innes of Cowie, Kincardineshire, born 1812, has 2 sons and a daughter; 2d son, Thomas Innes of Learney, Aberdeenshire, b.1814, has 3 sons.

A family of the name of Innes, formerly designed of Cockstoune, and descended from Peter Innes of the Keam, younger son of Walter Innes of Innermarkie, above mentioned, hold a baronetcy of Nova Scotia, dating from 1631. Sir David Innes, bart., of this family, designed of Orton and Cockstoune, born in 1781, was the son of George Innes, Esq., inspector general of stamp duties for Scotland, by the daughter of Sir James Innes, Bart. of Cockstoune. He was at one time an officer in the 99th foot. His son, George, was born in 1834; married; an officer in 22d Bombay native infantry.

Of the family of Innes of Netherdale, Banffshire, Thomas Gilzean Rose Innes, Esq , only son of James Rose Innes, Esq. of Netherdale, is the representative. He passed advocate at the Scottish bar in 1853. and in 1854 was appointed a deputy lieutenant of Banffshire.

INNES, Thomas, superior of the Scots college at Paris, during the first part of the 18th century. In 1729, he published, at London, 'A Critical Essay on the Ancient Inhabitants of the Northern Parts of Britain,' 2 vols. 8vo, which contains valuable information. According to Wodrow, he was also engaged collecting materials for an 'Early History of the Church of Scotland,' which was never published. He died in 1744. He succeeded his brother, Louis Innes, as principal of the Scots college, Paris. Louis held that office when James VII and II sought an asylum in France, and was made almoner to the queen, and secretary of state to the expatriated monarch. To Louis Innes is ascribed the compilation of ' The Memoirs of James II.,' an abstract of which was published by Dr. J. S. Clarke, at London, in 1806, in 2 vols, quarto.

INNES, John, an anatomist of considerable skill, was a native of the Highlands, and for many years dissector to Dr. Alexander Monro, professor of anatomy in the university of Edinburgh. He was the author of a ' Short Description of the Human Muscles,' Edinburgh, 1776, and of ' Eight Anatomical Tables of the Human Body,' published the same year. He died January 11, 1778.

Excerpt The Historical Journal of the More Family (David F. More, ed), Volume 1, Issue 8, 1901, pp. 93-95

I am able to give you, if you had time and patience to receive it, a complete genealogical record of the chiefs of the Ines family from AD 1160.... The origin of the Innes family as on this wise. King Malcolm IV of Scotland had trouble with rebellious subjects in Morayshire, of which Elgin, Forres and Rothiemurchus are situated. He transferred a large body of them to other parts of the country and divided their lands among loyal lowlanders. This was in the year 1160 A. D. Surnames were becoming more and more in vogue at that time and when thus located, several families took their names from their location, among these was our ancestor. He was given a peninsula of land near Elgin and the gaelic name of Peninsula being Innes, he was denominated in the charter, Innes of Innes.

We have no further knowledge of him other than that he bore the name Borealdus before his transfer to the highlands. There is no doubt that in other works we did not have time to investigate, many things are recorded of the first seven chiefs of this family but we have only noted that the fifth, William Innes, was designated Lord Innes, and also that his son Innes was known as Baron Innes in the year 1330.

The 8th chief, Alexander Innes, had two sons: Robert, who succeeded him, and John, who was seven years bishop of Moray--from 1406-1414--who during that time greatly promoted the rebuilding of the Elgin cathedral, which had been burned by the Wolf of Badenoch; laying the foundation of the great central steeple which afterwards rose to the height of 300 feet, at the foot of which he was interred. We saw his granite statue, somewhat defaced, but still after almost 600 years standing sentinel beside the main entrance to the great cathedral over which he once so ably presided.

His elder brother, Robert, who by the law of primogeniture succeeded his father, married Janet, heiress of the Thane of Aberkerder, and thus secured a great addition to his estate.

The eleventh chief, Sir Robert Innes, was of great avail to the royal cause in the battle of Breichin in 1452. He died in 1488. His recumbent statue, in life size, still lies after more than 500 years in good preservation, in its niche in the Innes transept, and his coat of arms deeply engraven in granite, is builded into the side of the transept. In the upper corners of his shield are the initials R. and I.—Robert Innes, and in the two lower corners E. E., the initials of his wife, Elizabeth Elphinstone, this being such a recognition of woman’s rights as we have never before seen in a coat of arms and is the more remarkable when we consider the age in which this loving and truly knightly act was performed.

The fourteenth chief, James Innes, died fighting for his king in the battle of Pinkie, in 1547. Robert Innes, the seventeenth chief, was erected by Chas. I a baronet of Nova Scotia. The patent is dated at Whitehall, May 26, 1625, and they are the second in precedence of that order of baronets. He married Lady Grieze Stewart, daughter of the Earl. of Moray. We see the standing of these people by their matrimonial alliances, for this lady was a direct descendant of one of the Scottish kings, and his son, Sir Robert Innes, married Jean, daughter of Lord Ross, of Holkhead. and the Rosses to this day are a very opulent family; their son, James Innes, the nineteenth chief of the family, married Lady Margaret, daughter of Henry, Lord Ker, apparent heir of Robert. Earl of Roxburgh.

Henry Innes, the twenty-first chief, married Anne, daughter of Sir James Grant, the eighteenth chief of the Grant clan, and his son James Innes, the twenty-second head of the family, named after his maternal grandsire, uniting the blood of these two ancient and honorable houses, married an English heiress and added the name and estate of Norcliff to that of Innes.

This historian adds that he was the fifth baronet in this family and of the twenty-second generation in a direct male line of descent from Borealdus, who founded the family in A. D. 1160.

The work from which these facts were gathered was published in 1798, but from the general directory of Scotland, I learn that there is now living a Sir John Innes, Baronet of Edingight, residing at Edingight House in Keith, who must be of the twenty-fifth generation from Borealdus. Surely, their days have been long upon the land which the Lord their God gave them.

While we cannot yet trace the line of descent of Jean Innes of Elgin, we are certain that she belongs to this family, for there was no other family of Innes in this their ancient territory, from whom she could have descended.

ANE ACCOUNT OF THE FAMILIE OF INNES. compiled by Duncan Forbes of Culloden, 1698. Printed for teh Spalding Club, Aberdeen, 1864. [available on Google Books.]

ANE ACCOUNT OF THE ORIGINE AND SUCCESSION OF THE FAMILIE OF INNES, GATHERED FROM AUTHENTICK WREATS.
SINCE THE LORD amongst the greatest of his temporall blessings gives lenth of days to Man and long standing to Families, it may be holden as one part of the gratitude due by Man, to keep Goda mercies in memory; it being a plain ingratitude to let his kyndness, in supporting a family for many ages in credit, drop into oblivion. This general consideration may be a good reason for families to keep a clear account of themselves and of the Lord's providences towards them, if they can be so happy as to do it without vanity. But another reason makes it yet necessary, and it is that severall good families have their origine pedegree or succession, often brought into question by the emulation of a cor-ryvall family, and sometymes by the mistake or malice of its own descendents, when increase of plenty tempts them, out of prejudice to a chieff, to derogate from their origine, and by fabulous traditions render the true succession dubious. There is no remedy for this evill that I know, save a fair deduction of succession upon such authentick grounds as may induce those, to whom judgement in the lyke cases is competent, (such as the Lyon and Lyon Clerk,) to give their testimonies to apparent and convinceing verities, which certainly must gain either the consent or silence of such as were formerly gainsayers. In makeing a deduction of this sort, one common error in family histories would be avoyded, that is, romantick accounts of the chevalry of their old predicessors, where they cannot alledge themselves valiant but A
upon the expence of some nighbours, perhaps as good as themselves, nor prove one tytle of what they say from any scrap of history; which makes these sorts of wreatings, for the most part, darne in the dark, and all that we hear of them are but whispers; none dareing openly avow what he cannot prove and hundreds may quarrcll. Nor can any man of wit or honesty (especially if in a publict capacity) be seen to concurr with any thing but what he sees instructed with unquestionable seals or subscriptions; so that, in what is to be said here, ther is nothing to be expected, but a deduction of the origine and succession of the Familie OP Innes, in so farr as it doth appear in authentick wreats. The first man then of this family that we have in wreat, is Berowald, who, from King Malcolm, had the charter following; and may be compared with the principal, which is marked with the figure 1. "MALCOLMUS REX SCOTORUM omnibus probis hominibus tocius terre sue salutem. Sciatis me in feodo et hereditate dedisse Berowaldo Flandrensi in provincia de Elgin Ineess et Etherurecard per rectas earum divisas Tenendum sibi et heredibus suis de me et heredibus meis hereditarie libere quietc in bosco in plano in campis pratis pascuis in moris et aquis Faciendo mihi inde seruicium unius mi lit is in castello meo de Elgin Preterea ei dono in burgo meo de Elgm unum toftum plenarium tenendum simul cum predicto feudo suo ita libere et ita quiete sicut aliquis ex paribus suis liberius et quiecius tenet toftum suum aut feudum suum Testibus Willelmo morauiensi Episcopo Sedis Appostolice Legato Merlesvano filio Colbani Willehno filio Frisgin Apud perth in natali domini proximo post concordiam Regis et Sumerledi." Upon this charter ther aryses two doubts, one anent the Malcolme who gave it, and another anent the Berowald who got it. As to the first, the family believes it was given by Malcolme Kenmore; but other judicious men who have considered it judge it to be rather from Malcolme the Maiden, and so sixtie years at lest later then what it is supposed ; upon the grounds following; First, The mentioning of Sumerled in the date, ther being non such named in any history befor the days of Malcolme the Maiden, is a presumption that the charter is from him. And the nameing of William the Popes Legat and Bishop of Morray among the witnessess; ther being a William sent Legat from Rome to Saint David, immediat predicessor to Malcolm the 4th, who did not arryve whill the beginning of the said Malcolmes reign, and apparently must be the witnes in this charter; is another weighty presumption that it can be from no other then Malcolme the Maiden. But, To the first anent Sumerled, it is answered by those of the family, that there were severall Somverlits or Sumerleds, whose names, though they be not in history, yet are they famous in the Highland genealogys, especially that of the M'Donalds, who are descended of these Sumerleds; and take particular notice of three so called, such as Somverlte Moir, who first came out of Ireland in Malcolme Kenmores tyme; Somverlte Makgilly Brigde, grand cheild to Somverlit Moir, who was defaite and kild by Gilchrist Earle of Angus, in Malcolme the Maidens tyme; and Somverlite Bain, the son or rather grand cheild of Somverlite Makgilly Brigde, who was defait by Patrick Earle of March, in King Alexander the 2i" tyme. With this last ther is nothing to do here, because not in the tyme of any Malcolme. As for the second Sumerled, had the charter said, "In natali Domini proximo post occisum Sumerledum," or, "post devictum Sumerledum," or, "post debellatum cum Sumerledo," then certainly it might be that second Sumerled, who was defaite, chased, kild in b'attell, or taken and hanged in Malcolme the Maidens tyme, by Gilchrist Earle of Angus. But the words are, "post concordiam Regis et Sumerledi;" and no history in being makes mention of any agreement that ever was betwixt Malcome the Maiden and that second Sumerled: Therefore, say they, the first Sumerled must be he spoken of in the charter, who came into Argyle shyre about the end of Malcolme Kenmores reigne, setting up first at his own hand, and probably thereafter capitulating with the king for his possession; from which capitulation the charter takes date. As to the second argument, drawn from William the Popes Legat being a witness, they answer, that the bishoprick of Morray, as well as severall others, were erected by Malcolme Kenmore, as is evident by church history, though the names of the first Bishopes be lost; and why might ther not a Legat be sent from Home to Malcolme the Great, called William, as well as to Malcolme the Maiden, since there is no record sayes the contrare? And to confirm their thought furder hereanent, they take notice of the other two witnesses, to wit, Merlesvanus filius Colbani and Willelmus filius Frisgin, which are not found in any charter ever given by Malcolme the Maiden; particularly this William McFrisgin is holden to be sone to Allan named Frisgin or ready-dagger, Thane of Sutherland, and father to Walter the first Earle of that county, which agrees very well with Malcolme Kenmores tyme. All which would absolutely convince me to be of their oppinion anent the giver of the charter, if some other circumstances which shall be told and considered in ther proper place, did not stand a litle in the way. As to the other doubt aryseing from the charter, anent that Berowald who got it, some think he was a stranger come from Flanders, because the wreat sayes, " Dedisse Berowaldo Flandrensi," and that he came over with Queen Margaret, who landed neer Speys mouth, at the back of the Bin-hill of Speys-law, wher a party of some sort of rebclls that assaulted them after ther landing, was defeate by the conduct of this Berowald, for which he got all these lands betwixt Spey and Lossy, as is evident by the charter, &c. Others spoill this tale utterly, by telling that he was of those Morravians who were banished in King Malcolmes tyme for their revolt, and had gon to Flanders; In which case, he could never come back with Queen Margaret, she being maryed and setled in Scotland long befor that revolt; unless perhapes they would make his return in Malcohne the Maidens tyme, and allow him a Queen Margaret also, who never had any queen at all. In prosecution of this story they say that Berowald was of the stock and kindred of thes Morrays who draw their name from the countrey out of which they were banished, as said is, and ought to bear the same name, because Berowald and his successors have always born the 3 Starrs for ther armes, which is the same with the Morrays. Mean tyme, it is but a bad presumption for being of a kindred, that Innes bears Argent 3 Starrs Azure, and the Morrays bear Azure 3 Starrs Argent. For greater affinity in circumstances of that sort is seen betwixt people who are of very different kindreds, and as different kmgdomes. I also presume that the understanding men of that noble family of Morray know that neither they nor any other of a Scots race had thought upon bearing a surname when Berowald got this charter upon the lands of Innes; his successors perhapps takeing a name to themselves from these lands whereof they were possest, as soon as the Morrays could have it from a countrey whence they were dispossest; and it may be with this difference, that the one might be choice and the other necessity: which makes me say, upon the whole of this matter, that Innes might have been a countrey man with the Morrays befor their banishment, but not of ther kindred since syne. As to the first supposition auent Berowalds being a stranger, I cannot be of that oppinion, for all his being designed Flandrensis in the wreat; because, wher ther were no surnames, he might have had that as a tooname, for his having once made a voyage to Flanders; as to this day it is amongst all wher Irish prevaills in Scotland. For instance, a man in Cathnes is called John Aberach, for his being once in Lochaber, and all his posterity since Slick-Iean-Aberich. Fraser of Foyers his predicessor, for his being once in France, was called Hustien Frankach, (or Hew of France,) and all his posterity to this hour Slick-Hustien-Frankich. Nay, if any at this day go from Baddenoch or Stratherne, and stay a whyle in Boss, Sutherland or Cathnes, he may be sure after his return to be called, whilst he lives, Rossach, Catach, or Gallach; for where patronimicks are only in use, any topick for distinction immediatly sticks, to prevent the repetition of father, guidsir or grandsires names, which must be for differenceing of persons wher ther is no topick to do it by. The practise of this is so very common as yet, (and obtained so absolutely amongst such as spoke the Irish of old) that I have no difficulty iu believing Berowald to have been a Scots msn, who had his too-name of Flandrensis from his travells. To confirme this, let the clause it selfe in the charter be dewly considered, which says, "Sciatis me dedisse Berowaldo Flandrensi in provincia de Elgin, Inness, et Etherurecard," &e. which, to my sense, is clearly this, That he gave to Berowald, liveing in the province of Elgin, Inness, and Etherurecard, &c.: For, had the meaning been, that he gave Innes, lying in the province of Elgin, to Berowald, &c. the wreater had certainly said, "Sciatis me dedisse Berowaldo Flandrensi Innes et Etherurecard in provincia de Elgin;" for it is not to be thought, by any rule of Latine grammar, that "Innes," &c. can be put after "provincia de Elgin" with any reference to it, unless ther were some more lands to be designed afterwards, having there scituation in some other province. As, for instance, when he said, "Dedisse Berowaldo, in provincia de Elgin, Innes et Etherurecard," had he said, "Et in provincia de Bamff, Kinardy et Carnousie," &c. it had made the province perfectly relate to the land; but as it sayes, "Dedisse • Berowaldo in provincia de Elgin, Innes et Etherurecard" (without any more) it makes not the province refer to the land, but to the man; and so makes him plainly a province of Elgin man. In one word, had this Berowald been really a Flandrian or Fleeming born, is it possible hut he would have called himself either after his family, as Montgomery, Barclay, and many others do, or at least, after the particular town he came from, as the Chartres and Bethunes do? But to call himselfe of Flanders, as if he were prince of it, or Flandrensis, as if he were a begger or a run-away from it, is what, I am sure, Berowald never meant to brag of in his charter; and so leaves it (in my sense) utterly impossible that a man of his import could have any more from Flanders but a nickname, because he was once there. For, had he trewly been a Fleeming, he had no more suffered himselfe to be barely named so, than Drummond, Ruthven, or Sinclare would barely let themselves be named Germanus, Italus, or Gallus. Withall Flandrensis, Hispanensis, Africanus, sounds liker a denomination acquired, than a definition of a mans naturall countrey; for that is always exprest Flandrus, Hispanus, Afer. To conclude, I am positive of the opinion, that whatever Malcolme it was that gave the charter, yet Berowald who took it was no stranger, but heretor from his predicessors of that same estate of Innes and Etherurecard (which is all the lands betwixt Spey and Lossy) And that finding a custome then beginning of takeing wreat upon lands from the King, he did what he saw others of his quality do, and took the charter before spok of, from one of the Malcohnes, upon that estate which he and his predicessors had always possest befor there was wreat, and how long, God knows, ther being no tradition that reaches any other possessors; which goes better down with me than all the storys of Queen Margarett, for which there is neither reason nor record. As the Saxon lauguadgc prevailed, (which banished the patronimicks,) the surname of Innes arose from the lands, which signify, upon the Irish, Greens or Graseings, to which the place answers exactly. And this much for the origine of that family and people. To Berowald succeeded his sone John, and to John succeeded his sone Walter; of whom I have no more to say, but that they succeeded one another, as is evident by the charter of confirmation given by King Alex

[graphic][graphic][ocr errors][ocr errors][graphic][graphic][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors] ander, sealed and marked with the figure 2, whereof the exact coppie follows: ALEXANDER DEI GRATIA REX SCOTORUM, omnibus probis hominibus totius terre sue tam clericis quam laicis salutem. Sciant presentes et futuri nos concessisse et hac carta nostra confirmasse Waltero filio Johamiis filij Berewaldi Flandrensis Innees in provincia de Elgin et Etherurecard per eorum rectas divisas Tenendas ej et heredibus suis de nobis et heredibus nostris in feodo et hereditate in bosco et plano in terris et aquis in pratis et pascuis in moris et maresijs in multuris et molendinis cum omnibus justis pertinentijs suis cum socco et sacca cum furca et fossa cum thol et them et infanganethum libere quiete plenarie et honorifice pro servitio unius militis in castello nostro de Elgin et preterea unum toftum plenarium in burgo nostro de Elgin tenendum simul cum predicto feudo suo ita libere et quiete sicut carta Regis Malcolmi inde facta Berowaldo avo predicti Walteri testatur. Testibus Thoma de S Cancellario Wiliel mo de Cumin Comite de Buchan Justiciario Scotie Ingeramo de Bailliol Hen rico de Bailliol Camerariis Wilielmo de Willielmo filio Willielmi de Vetere ponte Willielmo . Apud Innes lmo die January anno regni nostri duodecimo. There are severall words in this charter which are very difficult to read, the parchment being worne. And if it be questioned how this comes to be obliterate and the first charter given to Berowald legible, it is fitt to let it be known that Berowalds charter was judicially transumed about nyn score years agoe, by Bishop Galwin Dunbar, then Clerk of Register, which transumpt is very distinct, though the charter be obliterate. The words of the Bishops attestation upon the transumpt are as follows: Tenet hoc transumptum cum originali carta in presentia DominorumConcilij pro tribunani sedentium productum lectum inspectnm et diligenter examinatum non cancellatum suspectum aut vitiatum, collationatum et concordans cum eadem et de mandato Dominorum in hauc publicam transumpti formam propter vetustatem et fragilitatem originalis cartse redactum et confectum edicto publico ut moris est rite et legitime primitus prehabito ut talis et tanta fides huic transumptui temporibus affuturis adhibeatur qualis adhibenda est prelibate carte originali. Per me Gavinum Episcopum Aberdonensem Clericum Rotulorum Registri et Concilij Supremi Domini nostri Regis. Sub meis signo et subscriptione manualibus. Sic subscribitur (Sfllwnug Though both transumpt and attestation were wanting to the first charter, yet this second under the seall of King Alexander, is so full that it gives inteir faith to all that can be pretended by the proceeding, ther being nothing materiall wanting in it, save that the place at which it was given is somewhat indistinct, for it may be at "Innes vicesimo primo die January," as these of the family will have it, or els at some "Inner vicesimo die," &c. And as it is plain and distinct anent the age of it sen0, so it contributes more than any thing heard yet, for discovering of the age of the first charter, whereof it is the confirmation. The names of the witnesses puts it out of all question that this charter was given by King Alexander the second, in Januarij the twelfth year of his reigne, which falls to be about the beginning of the year 1226, and makes it 471 year old. Now the question is, whether the first charter was given sevinty years or seaven score years before it; for, from the end of Malcolm Kenmores reign, to the 12 year of Alexander the 2, there is no less than 136 years. And reasonably, in that tyme, there behooved to be more than three generations, to wit, Berowald, John and Walter, which is all mentioned in the second charter. Therefore, it is more probable, that the first charter was given by Malcolme the Maiden in the beginning of his reigne, betwixt which tyme and the 12 year of King Alexander the 2, ther might be three generations conveniently, it being 70 years tyme. Withall, it is remarked in history, that Sumerled, the Thayne of Argyle took advantage of Malcolmes easie disposition, and thereupon incouraged himselfe into a rebellion; which leaves us to believe, if we please, that Somerled, immediatly upon K. Davids death, might have payd a visit to the young king, and then have seen and known what mettall was in him, and might in shew have removed mistakes, if any were, and left fair with a youth whom he meant to surpryse; from which circumstances a charter might very well take date, "In natali Domini proximo post concordiam Regis et Sumerledi," that is at Christmass 1153. Withall, I am told by the best antiquaries of the kingdom, that Malcolme Kenmore never gave any wreat; and that however privat famalies may have wreat from other superiors, as old as Malcolme the Maidens tyme, yet that this is the only one they have seen to a family from that kings own hand. And wer the case myne, I had rather rest satisfied with the certainty of a kings charter, fyve hundred and four and fourty years agoe, upon ane estate which never (to the knowledge of man) belonged to any other, rather than claime to ane uncertainty which few pretended to but I. But to leave none of their tale untold, they say that Walter was litle under sevinty years of age when he gott the charter of confirmation from K. Alexander, and that John, his father, was fyfty, befor Walter was born to him, and that John was not born to Berowald 16 or 20 years after he took a charter upon his lands from the King, which, I confess, reaches very well up to Malcolme Kenmores tyme, and makes the pretences possible, in case that Malcolme had given any wreat at all. But if he gave none, the pretences must fall with them and all others who clame to the like. And for ought I see, they will not be the first that gives it over. Therefore, I leave them in the opinion of it. All the presumption they have for this Walters age is another tradition, to wit, that K. Alexander, when he gave that charter, being at Innes, knighted Walters eldest son, Sir Alexander, and not the father, because he was superannuate. Nor is there anything that I see to prove this, but a small hillock befor the Barrass-gate of Innes, upon which Sir Alexander received his honours, which, to this day, is called the Knights hillock.

  ANE ACCOUNT OF  THE FAMILIE OF INNES. 

CAP. II.—REG. ALEX. II.—JAC. II. To Alexander succeeded William, Laird or Lord of Innes, as appears by the Indenture of Marches, past betwixt Simon Joannes Suryass, Prior of Pluscarden, and Willielmus Dominus de Innes, by the arbitration of Archibald Bishop of Murray and William Prior of Urchard; the witnesses, Dominus Joannes de Morravia et Dominus Willielmus de Dallas. It is marked 3, and has no date; but it is evident from Spotswood's History, pag. 107, ed. 3, that Archibald began to be Bishop of Morray in the year 1256, which was the seventh year of King Alexander the 3d. He also sat above fourtie years, but how long after his coming to the chaire the indenture past cannot be known, only, we may be sure, it was after the lands of Ester Urcharde were taken from the family of Innes, and given to the Kirk, because William, a Prior of that place (and its like the first of them) is a tryster there. That these lands were taken from them at that time, is evident by their being exprest in all their wreats befor this tyme, but never in any wreat thereafter. That King Alexander the 3d erected them in a Pryory, depending upon the Abbacy of Aberbrothock, betwixt the year 1260 and 1270, may be seen by Midletouns addition to Spotswood, pag. 20. Perhapes the house of Innes might have got some part of that estate they possest in Cathness in lieu of what was taken from them and given to the Kirk; for that all Cathnes did ly under a forfaultrey at that time, for the peoples crueltie to their Bishop, is evident from Church history; and that the family of Innes had the thrid rig of Cathnes, which they keept whill the year 1540, is very well known, and by several instances will hereafter appear, so that it may be, a part of the one lands have been given in requittall of the other. From the tyme of the Indenture spoken of, which we may suppose to have been about the year 1270, to the year 1367,1 find no mention of the succession of this family in any wreat, for which a reason shall be given afterwards. But though there be no wreat extant to prove it, yet their tradition may be true enough of the three generationes supposed to be betwixt the "William now spoken of, and the Robert of Innes, whom I find mentioned in a charter given by an Earle of Ross, in the year 1367, the tyme being litle less than ane hundred years, in which, certainly, these three generationes must have interveened, or else ane interruption of the lyne, which hithertill hath never been supposed. Nay, the contrare of it is made plaine enough by the transumpt of the indenture above narrated, where James of Innes of that ilk, in the year 1480, out of respect to his predecessors or progenitors, ratifies the deed done by Laird William. Although I say that from the year 1270 to the year 1367, I find no mention of them in any wreat, yet there are old wreats amongst theirs, which either belonged to the Thayne of Aberchirder, whose daughter they married and got that estate by her, about the year 1397; or if any of them related directly to the house of Innes, they are so obliterate as to be utterly unintelligible. There is a charter of confirmation from King Robert Bruce, in the 22 year of his reign, upon the lands of Carnoussie, given in liferent by Sybylla daughter of Simon Thayne of Aberchirder, to Alexander Meldrum, sealed and marked 4. Witnesses, Thomas of Randolf, James of Douglas, and others of K. Roberts worthys. Another charter from K. David, to whom, or whereanent, what tyme of his reign, or befor what witnesses, not legible, but marked 5. Also, another from K. Robert (as I take it) the 2*1, the seall fair and inteir, but the wreating utterly obliterate, and is marked with the figure 6. So that I find none of ther names legible in wreat from William who was the 5th of the family, to Robert who was the 9th of it, and is a witness, as said is, in the charter given by Walter Earle of Ross (or rather by Walter of Lesly befor he was Earle of Ross) for it sayes, "Omnibus hoc scriptum visuris vcl audituris Walterns de Lesly dominus de Ross salutem in Domino Sempeternam," &c. which gives ground to believe that his father in law, the old Earle of Ross, hes been yett alive. The charter is given to Euphamia de Sancto Claro, confirming rights she had acquired to the lands of Brea and Broon in Inverness shyre, and Cyry and others in Aberdeen shyre. It says, "Testibus Hugone de Fraser, Johanne de le Hay et Roberto de Innes cum multis alijs anno Domini M.CCC tesimo sexagesimo septimo." Sealed with the quartered armes of Lesly and Ross, and is marked 7. As to the witnesses, certainly the first is the Lord Lovats predicessor, the last, the Laird of Innes his predicessor; but who de le Hay is, I take not upon me to guess; the wreater haveing omitted to give plainer designations to the witnesses, as well as he has omitted both moneth and day to the date. However, the wreat has been granted 330 years agoe, which falls within the reign of K. David Bruce. And this Robert, according to what is said, falls to be the 9th of the family from Berowald, who first took wreat upon his estate. About the tyme that Robert is witness in this charter, (or very short whyle after) his sone, Sir Walter of Innes, who was the tenth of his family, was maryed to the Earle of Ross his daughter ; but how to prove it, I know not, unless we take a constant and uncontroverted report upon it; or else allow it, because Alexander Earle of Ross, grand chyld to Earle Walter, in another charter, granted to Sir Walter of Innes, grand chyld to this Sir Walter, designes him, "Dilectus noster consanguineus." I know not whose interest it is to quarrell it; therefore, with the greater freedom, 1 say, since that allyance was, it behoved to be before the 1370 year of God, because Sir Walter is said to have three sones, who were all three Lairds of lnnes. The eldest, Walter of Innes of that ilk, who was the elevinth of the family, dyed unmaryed; the second, John of Innes, was a church man, and designed at first Person of Duffus, but afterwards, in anno 1406, Bishop of Morray, which leaves him to be a young bishop, if his parents were not married befor the year 1370. However, what he was, proves by Spotswoods History, (See Lib. 2. pag. 107,) and by the inscription upon his Tomb, which has been one of the statelyest monuments of that sort that was to be seen; but being now ruinous, all that is extant of the inscription arc the words following: + Hie Jacet Beverendus in Xsto Pater et Dominus, Dominus Johannes de Innes hujus Ecclesice Episcopus, qui hoc notabile opus incepit et per septenium potenter edificavit, &c The rest is lost. It is lit h; to be doubted but he was Laird of Innes, and as litle to be believed that he was born to it, (else he had never been Person of Duffus,) but being put in the number of them, he falls to be the 12th from Berowald. He was the greatest builder of the greatest and fairest fabrick in the kingdom, that is the Cathedrall at Elgiue. The work it self, the common tradition, and the inscription (in my sense) prove what is said sufficiently. The man dyed young. Whither he took anything from the estate or not, and gave it to the church, it needs not be said, because it cannot be proven, though there be reports to that purpose. In the Bishops lyfetyme, and before he came to the chair, his youngest brother Sir Robert of Innes was put in posession of the estate, or at least of the greatest part of it, and is the 13th of his family. This Sr Robert is he who got the name of Good Sir Robert, and maryed Dame Janette of Aberchirder, daughter to Sir David the Thayne of these lands, had a considerable estate by her, which his succession kept 240 years; and from the tyme of that marryadge (which was before the 1400 year of God) to this day, have borne three boars heads erased, (the armes of Aberchirder,) quartered with ther own three stairs, as appears by ther sealls. Of this marriadge came Sir Walter of Innes, Laird or Lord of that ilk, as he is termed in wreat, and is the 14th of the family. See the charter of confirmation from K. James the 2d in anno 1450, marked : 8:—narrating verbatim, the charter given in 1426, by John Lord Lindesay of Byres, son of Sir William the Lindesay, Knight, to Janette of Ab'erchirder and Walter of Innes, her sone, upon all annualrents or superiority that was formerly due to him or his, forth of the Lordship of Aberchirder, excepting the superiority and following of Cromy, &c. This charter is conceived in broad Scots, daited at Edinburgh the xvi day of January 1426, which was three years after K. James the First was ransomed from the English. The said charter of confirmation given by K. James the 2d narrates also, verbatim, the charter of confirmation from Alexander Earle of Ross to Sir Walter of Innes, lord of that ilk, upon the forsaid renunceation made by the Lord Lindesay of Byeres to Janette of Aberchirder and Walter of Innes her son, which charter from the Earle of Ross is given in anno 1438, being the first year of K. James the Second. The originall, sealled and marked with the figure 9, is extant, and here insert: "Alexander de Yle Dominus Insularum Comes Roasiae et Justiciarius de parte boreali aquae de Forth universis et singulis hanc cartam visuris vel audituris salutem: Sciatis nos approbasse ratificasse et hac presenti carta nostra confirmasse donationem illam et concessionem quam Dominus Johannes de Lindsay Dominus de Byres fecit et concessit dilecto nostro consanguineo Domino Waltero de Innes militi domino ejusdem, de terris baroniaj de Aberkirder cum pertinent. infra Vicecomitatum de Bamff. Tenend. et habend. dicto Domino Waltero et heredibus suis cum omnibus et singulis libertatibus commoditatibus asiamentis et justis pertinentijs quibuscunque ad dictas terras spectantibus seu quoquomodo juste spectare valentibus in futurum adeo libere et quiete, plenarie, integre et honorifice, in omnibus et per omnia, sicut carta ct evidentia died Domini Johannis de Lindsay eidem Domino Waltero inde confecta in se juste continent ct proportant Et adeo libere in omnibus et per omnia sicut carta bon« memorise quondam Domini Walteri de Lesly avi nostri facta quondam Domino Willielmo de Lindyssay de Byres, consanguineo suo super dictas terras plenius continet et proportat Et ut hec nostra confirmatio predictse cartze avi nostri robur, virtutem et libertatem teneat habeat et possideat. In cujus rej testimonium sigillum nostrum presentibus apponi fecimus Apud Castrum nostrum de Dingwall, Vicesimo secundo die mensis Februarij, anno Domini millcsimo quadringentesimo tricesimo octavo. Testibus venerabilibus viris, Williehno de Lesly Vicecomite de Inverness, Georgio de Munro Domino de Foullys, Willielmo de Urchard, Willielmo de Calder, Hugone Le Rose, et Murchedo Revach, armigeris." This charter is insert to the full, because it expresses this Earle of Ross his relation to Walter of Lesly his grandfather, whose sister or daughter was grand-mother to Sir Walter of Innes, and therefore the Earle calls him, "dilectus noster consanguineus." Sir Walter was married to Euphame of Fraser, daughter to Hngh of Fraser who was first Lord Lovat, which woman had been formerly wife to the Captain of Clanchattane or Laird of M'Intosh. There is nothing to prove this, but the assertion of both these families, who keep their freindship yet upon that pretence, as being both the children of the same mother. The children of Sir Walter were Sir Robert, (called 111 Sir Robert,) Berowaldus Bnfus or the Bed Tod, John Bishop of Caithnes, and another John called John of Ardmelly, who was begot upon another woman. He had two daughters, Isobell, who, in 1447 was betrothed to James Earle of Morray, who died befor his marriage, yet left the woman with child of Alexander predicessor to the Shirreffs of Morray. The second daughter was Margaret, married to Sir Patrick Moreland of Netherdaile. To prove, from writ, simply what concerns the succession of the family, is all that I undertake. As for the descendents, either by sons or daughters, nothing can be had for it but the common tradition, or (which is all one with it) a single sheet of a fragment, wrot above ane hundred years agoe, which bears the account (and that very imperfectly) of five or six generations down from Sir Walter who married the Earle of Ross his daughter. This is all the authority there is for that Berowald and John of Ardmelly, and for Margaret the other sister. But as to John Bishop of Caithnes, see Spotswood ; and as to Isobell who was betrothed to the Earle of Morray, there is the concurring credit of that relation which is made by the Lord Ochiltrie of the Earles of Morray, by Mr George Dunbar of their own family, and Hector Boyes his History, with other evidences, which not being of absolute use to the house of Innes, are not to be found among their writs. It is the same case with the cadetts of this and all other familys who get patrimonys and make new setlements for themselves, for which they leave no evidence behind them in their elder brothers charter chist. For thus it lyes intirely upon themselves to prove their relation to the cheiff house by wreat: it being utterly impossible for a cheiff to prove it any other way than by tradition, or perhaps some fortuitous peice of wreat, (which rarely falls out.) And for this reason, I say, it cannot be supposed but, in odds of 300 years tyme, there must be descendents of this family prior to Ked Berowald of Hattoun or John of Ardmelly, though it cannot be made out by the charter chist. For certainly there be many of the name over the kingdom, but especially in Caithnes and Buchan, who, for ought I can learn, can deryve themselves from none of the familys come off since that tyme, yet bear the name and armes, and therefore must be of some ones loynes who came off befor. But to these, as well as to all others who are curious to have their pedegree known, I say, it is proper they be at pains to find out about what tyme their predicessors came off the family, that their relation to it may appear. And particularly, it ifl recommended to Mr Robert Innes, the Lyon Clerk, to search for the origine of the family of Benwall (whereof he himselfe is descended) which, by reason of the name of Berowald, familiar to it, may be thought to be come of this Sr Berowald last spoke of: the lineall succession of the cheiff family alone being the thing that is now undertaken to be proven, and, God willing, shall be done by wreats and evidents incontrovertible.

  ANE ACCOUNT OF  THE FAMILIE OF INNES. 

CAP. III.—REG. JAC. II.—JAC. VI. In prosecution whereof, I return to Sir Kobert, the fifteenth of the family, who was eldest son and heir to Sir Walter, as appears by the chartor granted by Alexander, first Earle of Huntly, at Strathbogy, the 1 day of September 1441, to the said Sir Kobert, befor the one was a Knight or the other ane Earle. It is sealled, marked 10, and begins as follows: "Omnibus hanc Cartam visuris vel audituris, Alexander de Seaton Miles Dominus de Gordon ... in Domino Salutem: Sciatis me dedisse concessisse et hac presenti carta mea confirmasse Roberto de Innes, filio et heredi apparenti Domini Walteri de Innes Domini ejusdem pro homagio suo et servitio mihi impenso et pro toto tempore vitse suae impendendo, totas et integras terras meas de Ordynnies, Ratmakenyie et Batteynspink, jacentes infra Forrestriam de Boyne et Vicecomitatum de Bamff, teneud. et habend. totas prsedictas terras cum pertinentijs prsedicto Roberto et heredibus suis de me et heredibus meis dictse Forrestrise de Boyne et Anyie in feodo et hereditate in perpetuum," &c. with all other clauses proper or needfull. See also a precept of clare constat, relative to a retour granted by John Lord Lindesay of Byres, for infefting of Robert of Innes, son and air to the deceist Sir Walter of Innes of that ilk Knight, in all and haill the Lordship of Aberchirder with the pertinents, dated at the Byres the 14 of July 1456, and marked 11. This Robert of Innes, whom we shall shortly find Sir Robert, was one of the great heroes of the family for valour; who likes to know it, may find it in the forementioned fragment, which treats of the chivalry of him and his two brothers at sevcrall occasions, but especially at the battle of Brechine. Why Sr Robert would not marrie Margaret of Sinclair heiress of Findlater, but married . . daughter to the Laird of Drumlanrick, see the forsaid fragment; by which woman he had three sons and two daughters, to witt, James his eldest son who succeeded him, (as shall be immediatly proven) Walter of Innermarky, called Wylie Wat, and Robert of Dreynie (as the fragment sayes.) See also the close of the indentur of marches, marked 3, where Walter and Robert are called brothers german to James. His eldest daughter was married to Sir James Ogilvie, younger of Desfoord, and the other to the Laird of Towy Barclay, of which these familys own themselves to be come. The fragment tells also of fyve bastard daughters of ill Sir Roberts maryed to other fyve Lairds, which is needless to be named here. But, That James, called by the fragment James with the Beard, is successor to S' Robert, appears from the wreats following: First, by the precept of aeasine, marked 12, which is given by John Lord Lindsay of the Byres, over lord of the lands of Aberchirder, to Berwald of Innes, John of Innes, Andrew of Innes and James the Barde, his baillies, for infefting of James of Innes of that ilk, in all the saids lands of Aberchirder with the pertinents formerly belonging to vmqhill Sir Robert of Innes of that ilk Knight and father to the said James of Innes, and wherein the said Sir Robert dyed last infeft, &c. dated the first day of February 1464, and sealed. See next a precept of olare constat, marked with the figure 13, given by Alexander Earle of Huntly, Lord Baddenoch, relative to a retour for infefting of James of Innea, son and air to Sr Robert of Innes of that ilk Knight, in all and sundry the lands of Rathmakenyie, Mureack, Donymaid, Newmills, Brackanhills, Baddenspink, Ordynnys and Parochburne and others, lyeing within the forrestry of Boyne and shirefdom of Bamff, sealed and dated the 24 of October 1464. Amongst the witnesses are George of Gordon his sone and appearand air, Sir Walter Stewart of Strathallan, Sir Alexander Dunbar of Westfeild, and Sir James Ogilvie of Desfoord, Knights, Alexander Cuming of Earneside, &c. This James Laird of Innes, son to Sir Robert, is the sixteenth of his family, and maryed Janette of Gordon, daughter to Alexander Earle of Huntly; proven by a charter of confirmation, marked 14, granted by the said Earle Alexander upon the saids lands of Rathmakenye, Ordynnies, Dunnymaid, Baddenspink, Parochburne, Wnyelle, Monreaick, Newmills and Blaremade, with the pertinents, to James of Innes, of that ilk. . . "et prolibus masculis inter ipsum Jacobum et Jonetam Gordon filiam nostram procreandis seu procreatis quibus forte deficientibus dicto Jacobo et heredibus suis quibuscunque, (terris tamen de Blaremade nobis et heredibus nostris libere revertendis) in feodo et hereditate," &c In all the clauses throughout, Janett of Gordon, our daughter and the airs male procreat betwixt the said James of Innes and her, is reiterat, as may be seen in the charter, which is sealed and dated at Gicht, the 5 day of January 1469. It is to be remarked that the Earle adds the lands of Blaremade out of his own estate to that of Innes, which makes it appear to be the tocher given with his daughter, (money not being ryffe in thes dayes) And so much the rather, because falyeing of airs of her body, it was to return again to the Earles own family. See furder the precept of seasine, marked 15, from the said Alexander Earle of Huntly, for infefting of James of Innes of that ilk, in these lands of Blaremade apart, dated at Huntly, the 14 day of November 1467, which shows that it did not belong formerly to the estate of Lines. This James Laird of Innes, had six sons and two daughters, that is to say, he had Alexander his eldest son, who succeeded him, Robert, who was first of Cromy and then of Rathmakenye, his second son, and two daughters, Elizabeth and Jannet, by the Earle of Huntlys daughter, and four sons more, viz. William, George, James and Thomas, by a second wyffe. That these were his six sons is evident by a charter of tayllie, given by the said Laird James upon the lands of Muldavitt and the pertinents, &c. to all his six sons, one fayleing of another. It is of date at Innes the 22 day of ... in the year 1491, and is marked 16.; and by another chartor given also to them upon the lands of Ogstoun, also marked 16. That Alexander and Robert, the two eldest of the six and ther two sisters were only the children of the Earle of Htmtlys daughter, is evident by another charter of the same years date, sealed and marked 17. Wherein George Earle of Hmrtly Lord Gordon and Baddenoch confirmes in most ample manner, Rathmakeuyie, Baddenspink, &c. and all the lands holden by the Laird of Innes within the forrestry of Boyne, of the house of Huntly. ..." dilecto nostro Alexandro Tnnes, filio Jacobi Innes de eodem procreato inter prefatum Jacobum et Jonetam Gordon sororem nostram et heredibus suis de suo corpore legitime procreatis et procreandis; Quibus deficieutibus Roberto Innes fratri germano dicti Alexandri Innes, et heredibus suis de suo corpore legitime procreandis; Quibus forte deficientibus Elizabeths et Jonetae Innes, sororibus dictorum Alexandri et Roberti, et earum heredibus de suis corporibus legitime procreandis; Quibus omnibus fortasse deficientibus, prefato Jacobo Innes de eodem, et suis heredibus legitimis et propinquioribus quibuscunque," &c. dated the 8 day of September 1491. Witnesses, Alexander Lord Gordon, Alexander Irvine of Drum, Alexander Seaton of Meldrum, Kainach Mackenzie of Kintaill, John Lesly of Wardess, &c. John Inness of Dunkinty, Beroald Innes in Blackhills, &c. James Laird of Innes was possest of a great estate in Buchan, as is evident by the many charters granted to him upon lands by James Earle of Buchan; a part of which lauds have been given off to some of those four younger sons befor mentioned; the clearing whereof is left to such as are of their succession. To James succeeded his eldest son Alexander (the 17th Laird of Innes) as appears by the precept given by George Earle of Huntly, for infefting Alexander the son of James and of his sister Janette of Gordon, in the whole lands of the forrestry of Boyne, marked 18, dated the 8 of September 1491. See also a seasine by a precept from Laird James upon the lands of Aberchirder to his son Alexander, begot upon Janet Gordon, sealed and dated in February 1471, which appears to have been done when that Alexander was a child, because of another seasine upon a precept of the same sort from the said James to the said Alexander upon the samen lands, dated the last of May 1491: the one is marked 19 and the other 20. See also the charter given by the said Alexander Innes of that ilk to his brother german, Robert, upon the lands of Garmach and others, in warrandice of Cromy, &c. which, with Bathmakenyie and other lands within the forrestry of Boyne, was to have been Roberts patrimony. This charter is marked 21, and is of date the penult of March 1499. See also a precept under the great seall, for infefting this Laird Alexander in a vast estate holden of the crown, which was attour what he held of the Earle of Huntly, the Earle of Buchan, the Kirk, and the estate in Caithnes. It is of date at Linlithgow the 25 of March 1539, and is marked 22. This Alexander was maryed upon the daughter of Sr James Dunbar of Cumnock; The contract past thereupon being extant in the Shireff of Morray's charter chest. 1 hear of none of their male children but two ; the eldest was Alexander, who succeeded him, and the youngest was William Innes of Frosterseate, who also came to be Laird in his old dayes. It is probable he had a daughter called Margaret, who was maryed to her cousin german, James Innes of Cromy, as appears by the dispensation given to that effect in anno 1543, and marked 23, A. That Alexander was eldest son to Laird Alexander and did succeed him is evident. First, from a contract past at Elgin in September, and registrate at Edinburgh in November 1533, betwixt Alexander lunes of that ilk and Alexander Innes his eldest son and appearand air, on the one part, and Robert Innes of Rathmakenye and James Innes his eldest son and appearand air, on the other part, aggreeing a great many differences which interest had made amongst brethren. It is also marked 23, B. Next, by a charter marked 24, and dated at Edinburgh the 23 day of July 1542, where this second Alexander calls himself Alexander Innes de eodem filius et heres quondam Alexandri Innes de eodem. This charter is in implement of a new contract, confirming the lands of Garmoch and others in warrandice of Cromy and others, sold by him to his weel beloved cousine James Innes of Rathmakenie, and which lands of Garmoch were, in anno 1499, given by old Laird Alexander to his brother Robert, in pledge of these lands of Cromy, as by the chartor marked 21. See also another charter, marked 25, A, given 16 of January 1543, by the said Alexander Innes de eodem filius et heres quondam dicti Alexandri Innes de eodem to his cousine James Innes of Rathmakenie, upon the lands of Newmills and Bracanhills, which charter was in implement of a thrid agreement, made by a decreetarbitrall of severall persons of quality at Edinburgh in anno 1537, betwixt the said Alexander, when he was young Laird, and James Innes, son and appearand air to Robert of Rathmakenye. By these writs it appears, first, that the second Alexander succeeded the first, and was the 18th of his family. Next, it appears by their many agreements, that both these Alexanders have been very uneasie to their brother Robert of Rathmakenie and his family, which may be one reason why God in his justice, a litle after this extinguishes the race of Alexander, and leaves the inheritance to the children of his opprest brother Robert. See furder the loose of arrestment and gift of escheat, marked 25, B. This second Alexander was married to Elizabeth Forbes, daughter to William Lord Forbes, (as appears by the precept of seasine aftermentioned, and marked 26, A,) who, after his death, was married to the Lord Sinclair, as is evident by a discharge granted by her upon a liferent payed out of Garmoch, Corsky, and Mathymill, marked also 26, B. But of this marriage betwixt the Laird Innes and Elizabeth Forbes, I find no children out liveing Innes himself but one daughter called Margaret, who was marryed to William Sinclair brother to the Earle of Caithnes. The Earle had sent over his brother to vow the lady for him, but she preferred William to the Earle, bringing with her for a tocher the lands of Dunbaith and paroch of Ray, which the house of Innes had keept while then. By this woman, the Sinclair got also the lands of Monbeens, Lewcharis, Inche, and others about Elgin. See the instrument of seasine, marked 26, C, given to William Sinclair of Stamesterr, eldest son and air to William Sinclair of Dnnbeath and Margaret Innes, upon these lands about Elgin, anno 1575. Though Alexander Laird of Innes had no male children by his wyffe that out lived himself, yet he had severall bastard sons, as appears by the precept of seasine, given by Fryer John Spence, Pryor of the Preaching Fryers at Elgin, for infefting of James Innes, second naturall son to Alexander Innes of that ilk, in the lands of Monbeens and others; and fayling of airs male of the said James, to return to his father Alexander his nearest airs whatsoever. This is subscrived by ten of the fraternity in anno 1546, and is marked 26, D: whereby it appears that he had more bastards than one, this being the second. This James had also the lands of Elrick disponed to him by his father, and was called all his life James of Elrick, as may be seen by the charter given by him to his sister, Margaret Innes, upon the saids lands of Monbeens, and is marked 26, E. Item, another of the same, with the seasine following thereupon, marked 26, F, and subscryved by him and the whole fraternity of preaching fryers. In the charter marked F, William Innes of Frosterseat, who was youngest son to the first Laird Alexander, and afterwards succeeded to the estate, is a witness. I am not of opinion that ever this Elrick had any succession, else he had never disponed of his estate in parcells to his relations: nor do I think that these who bore that designation last, or if any be that bear it yett, have any relation to him; because by the indentur of marches, marked 26, G, past betwixt William Innes of Elrick and Walter Innes of Achintoull, containing the sale of the Forkedhaugh in anno 1621, that Elrick is exprest to be the son of James Innes of Culvie; and if Culvie be a family of any standing, its probable they may be from some of Laird James his four sons, by the second marriage already spoke of. Upon the death of the second Laird Alexander, who probably was never infeft (at least in the lands of the Forrestry of Boyne) William of Frosterseat, youngest son to the first Laird Alexander, succeeded to the estate, and was the 19 Laird of Innes, as is evident by the precept of clare constat, given by George Earle of Huntly upon the 9 day of November 1553, for infefting of William Innes of Frosterseat as nearest lawfull air to vmqhil Alexander Innes of that ilk, his father, who dyed last infeft in the milns and lands of the Forrestry of Boyne, &c. This precept is given salvo jure et interesse cujuslibet and with a particular reservation of the terce of Dame Elizabeth Forbes, Lady Dowager of Innes, for all the dayes of her life. It is sealed, subscrived and marked with the figure 26, A, as said is. With whom William of Frosterseat was married I cannot learn, but he had two sons, Alexander and John, who also succeeded to one another in the estate, and one daughter, who was afterwards married to Robert Innes younger of Innermarky, by whom he had no succession, as shall appear. Alexander Innes of that ilk, son to William of Frosterseat, was the 20th of his family, and married Jean Gordon, eldest daughter to John Earle of Sutherland, Lord-Liuetenant of the North, by his second wife Elenor Stewart, daughter to Mathew Earle of Lenox. Sec for this, Ochiltries record anent the family of Sutherland, and the renunciation made by the said Jean, with consent of her brother, Earle Alexander, of the lands of Aberchirder, upon the 13 of July 1576, and marked 27. This man (though very gallant) had something of particularity in his temper, was proud and positive in his deportment, and had his law sutes with severall of his friends; amongst the rest, with Innes of Pethnik, which had brought them both to Edinburgh, in the year 1576, as I take it, where the Laird having mett his kinsman at the Cross, fell in words with him for dareing to give him a citation, and in choller, either staht the gentleman with a dagger, or pistold him (for it is variously reported.) When he had done, his stomach would not let him fly, but he walkt up and down upon the spot as if he had done nothing that could be quarrelled, his friends lyffe being but a thing that he could dispose of without being bound to count therefore to any other, and there he stayed whill the Earle of Morton, who was then Regent, sent a guard and caryed him away to the Castle. But when he found truely the danger of his circumstances and that his proud rash action behoved to cost him his lyffe, he was then free to redeem that at any rate, and so made ane agreement for a remission with the Regent, at the pryce of the Barony of Kilmalemnock, which this day extends to twenty-four thousand merks rent yearly. The evening after the agreement was made and wreat given, being merry with his friends at a collation, iind talking anent the dearness of the ransom the Regent had made him pay for his lyfe, he vaunted that, had he his foot once loose, he would fayne see what Earle of Morton durst come and possess his land ; which being told to the Regent that night, he resolved to play sure game with him; and, therefore, though what he spoke was but in his drink, the very nixt day he put the sentence of death in execution against him, by causeing his head to be struck off in the Castle, and then possest the estate. To this Laird Alexander, who had no children lawfully begot, succeeded his brother John Innes of that ilk, who was the one and twentieth of the family, and married Elizabeth Aberncthy, daughter to Alexander Lord Saltoun. For proofe whereof, see the contract past betwixt Laird Robert and the Lord Saltoun in anno 1580, for his daughters lyferent, marked 28. See next the contract past betwixt Robert Tnnes of that ilk, and the same Laird John, therein designed John Innes sometyme of that ilk, dated in December 1585, and marked 29.

CAP. IV. pp. 25-32

The first whom we find in wreat of this family have been certainly brave and worthy people, and probably their vertew has continued right long with their posterity; for the two Sr Walters and two Sr Roberts that lived betwixt the 1370 and 1470 years, have been undoubtedly men of worth, else the Knighthood which in those dayes was only given as a mark of valour had not been so heretably theirs. We also find that whatever increase came to their estate, was either the inbringing of their honourable allyances, or else the reward of their valor for good and effectuall knights services.

But after Laird James his tyme the temper of the family began to alter. He himself had increast the estate much by his purchases from the Earles of Buchan and Bishops of Morray, as is evident by many peices of wreat in one bundle, marked X. His son Alexander followed the same course, so that the estate in these tymes became vast, and was still increasing by the worldly tempers of the second Alexander, of Laird William, and his son Alexander lately spoke of. Which oppulency of fortune, with their allyances, had elevate them to such a high opinion of themselves, that they became uneasie and ungratious to severall of their relations, whill in end their sin was seen in their judgement: The Lord haveing first suffered the pryde and passion of Laird Alexander to burst out, to the great breach of his family and loss of his lyfe, and then having wrettin himself and his brother childless, so that there was none of theirs to possess what they, their fathers and goodsyres had exercised themselves so much about and been so proud of. As for Laird John, he had neither children, nor discretion to manadge a fortune (wherein God also visibly judged the too high opinion they had of themselves) and therefore was perswaded, a litle after he came to the estate, to part with it in favors of the nearest air male, who was Alexander Innes of Cromy, son to James and grandehyld to Robert of Rathmakenyie, which Robert was the second son of the family and granduncle to the two last Lairds. And to the effect that this relation may be undenyably evident,

See first, the charter marked 17, given by George Earle of Huntly, upon the lands of Rathmakenie and others, to Alexander Innes younger of that ilk, and fayleing of him, to his brother Robert, sisters children to the Earle, etc. in anno 1491: See the charter marked 21, given by Laird Alexander to his brother german Robert, in anno 1499, upon the Garmoch, &c. in warrandice of Cromy &c: See the resignation and instrument thereupon, both marked 30, made by the same Laird Alexander, of the lands of Rathmakenyie, Mureack, Brakanhills and others, in the hands of George Earle of Huntly, superior, dated in March 1499: See the precept of scasine given by the said Earle in Apryll thereafter, for infefting of the honourable man Robert Innes, in Rathmakenie and the rest, of those lands, subscrived by the Earle and sealed with the sealls of Huntly and Innes, marked 31: See the instrument of seasine, past upon the forsaid resignation aud precept, the 20 day of the same Apryll, whereby the honorabilis vir Robertus Innes, frater germanus nobilis viri Alexandri Innes de eodem, was invested in the forsaid lands of Rathmakenie and the rest of them, marked 32.

That Robert Innes, brother german to Alexander Laird of Innes, was first designed Cromy (that being proposed to be a part of Roberts patrimony) is evident from the disposition of annual-rent upon Kilmalemnock in anno 1499, and by the indentur of marches three years thereafter, both marked 33, A, where he is called Robert Innes of Cromy, brother german to Alexander Innes of that ilk.

But being frustrate of the possession of Cromy by his elder brother, who only gave him the Garmoch in warrandice of it, he designed himself by the lands of Rathmakenyie, whereof he was possest, which is plain by two precepts given at Aberdeen in May 1501, where Robert Innes of Rathmakenyie appoints his brother James Innes to be infeft for warrandice in the midle roome of Rathmakenyie and in Blairmade, both marked 33, B. That this James was Roberts fyfth brother, is evident from Laird James their father his tayllies of the baronies of Muldavid and Ogstoun, marked 16. See the charter of confirmation and seasine following thereupon, given by Alexander Earle of Huntly in anno 1521, houorabili viro et nostro consanguineo Roberto Innes, upon the landa of Rathmakenie, Mureack, Dunimaide, &c. Witnesses, John Lord Forbes, John Grant of Frewchie, William Sutherland of Duffus, Robert Innes of Innermarkie, &c. marked 34, A.

Robert Innes of Rathmakenyie was married upon . . . Meldrum, daughter to the Laird of Fyvie, as appears by the tack of the Woodend of Fyvie, sealed and subscrived in anno 1508, by George Meldrum of Fyvie to Robert Innes of Rathmakenie, his brother-in-law, marked also 34, B.

Robert had two sons by his wife (or three) and one by another woman. His eldest son was James, who succeeded him, the other two were Alexanders, one whereof was full brother to James, as is evident by ane infeftment given upon the 17 of May 1541, by the said James of Rathmakenie to Alexander Innes his brother-german, upon 200 merks of annnal-rent, 10 inerks land, or 20 bolls victuall, &c. George Earle of Caithnes, and severall others, witnesses, marked 35.

This Alexander was the grand father of Alexander Innes of Cotts, who was called Craig-y-perrill all the dayes of his life, for the slaughter of Innermarky, and is predicessor to Leuchars, Dynkinty and others of that people, as will appear by the tayllie of the estate made by Robert Innes of that ilk in anno 1597, marked 36, where, immediately after his own fathers family, Cotts is substitute as being nearest. The other Alexander was designed Captain of Orkeney, and is not the son of Roberts marriage, as appears by the disposition of the kirk lands of Catboll, made to the said Alexander by Robert McCulloch of Plaids, with consent of a certain fraternity, in anno 1551, and is marked 37.

There was another brother of James called John, as appears by a certain recept upon victuall, marked X. But whither he was a full brother, or who may be come of him, is not known.

James Innes of Rathmakenyie was married first upon Catharine Gordon daughter to the Laird of Gicht; witness the resignation made by his father Robert, in the hands of the superior, George Earle of Huntly, for new infeftment to be given his son James and his spouse Catharine Gordon and their airs, &c. in liferent and fee respective, of the two part of Rathmakenie, &c. in anno 1537, marked 38. See also the charter given thereupon by the Earle, dated the 3d of August the same year, marked 39. See the contract already spoke of, which past in anno 1533 betwixt Alexander Innes of that ilk and Alexander his apparent air, on the one part, and his brother Robert Innes of Rathmakenie and James Innes his apparent air, on the other part. It is marked 23. See also the charter marked 24, given by the said Laird Alexander, in July 1542, to his beloved cousine, James Innes of Rathmakenyie, upon the lands of Garmoch, &c. in warrandice of Cromy, which then he had sold for money to the said James, although really it was designed 43 years befor that, to be a part of his father Roberts patrimony. See also the other charter, marked 25, given in anno 1543, by the said Laird Alexander to his cousine James, upon the lands of Newmills and Bracanhills, which was another part of his father's patrimony.

It appears that in the year 1543 James Innes has got the possession of these lands of Cromy, for which he payed money the July befor: And since their holding was of the King, and that Cromy had been his father Roberts first designation as said is, he immediately changed his tytle from Rathmakenyie to Cromy, as is evident by a charter and precept of seasine, both given under his seall and subscription the 26 day of February 1543, to Androw More upon the half of Newmills; the wreats are marked 40 and 41, so that in January he was designed Rathmakenie, and in February Cromy, which he ever afterwards kept.

This James of Cromy was married, after the death of Catharine Gordon, to Margaret Innes daughter to Laird Alexander and his own cousine-german, as appears, first by the despensation marked 23, and next by a charter given by Sr Walter Ogilvy of Dunleugas, upon the lands of Barel made to James Innes of Cromy and Margaret Innes his spouse, in liferent, and to the heirs of the marriage in fee, which failying, to James his airs whatsomever. The charter is of date the 26 of June 1546, and is marked 42.

Upon the 10 day of September 1547, James Innes of Cromy dyed under the Queens banner, in defence of his country, at Pinkie, for which she gives his son and heir Alexander Innes of Cromy, the free gift of his ward and nonentries, as is evident by the sealed gift itself, expressing the cause, and is of date, at Aberdeen, the 6th day of November 1562, marked 43.

As also, upon the 20 day of March 1565, Francis Lord of Badenoch, Eynyie and Forrestry of Boyne did by his charter of confirmation under his own seall, and the subscription of the Queen's Majestie, give, grant and confirme to the said Alexander Innes of Cromy, all and haill the lands of Rathmakenie, Mureack, and the rest of them which belonged to himself formerly in property, as being the son and air of James Inues of Cromy, his father, marked 44.

By what is said, it is evident that this Alexander Innes of Cromy was the son of James, and James was the son of Robert, who was the second son of the family. And the succession of the elder brothers body fayling, the second brothers grandehild, to wit Alexander Innes of Cromy, was the unquestionable air male of the family.

Upon which consideration, John Laird of Innes, who was the only man alive (lawfully begot) of the elder brother's race, did, upon the 15 March 1577, enter into a mutuall bond of taylie with his nearest relation of lineall descent (as he calls him), to wit Alexander Innes of Cromy, disponing to him and his airs male his whole estate, fayling of airs male of his own body; and takeing the like disposition from Cromy of all his estate, &c. both of them mutually binding up their hands from any alteration of their present resolutions, by a clause of interdiction, as the said principall bond of taylie subscryved by them both, and marked 45, doth testifie.

This Alexander of Cromy was twyce married, first with Elizabeth Dunbar, with whom he got back the lands of Lewchriss and the halfe cobles fishing upon the watter of Spey. But she not liveing long, he married Elizabeth, or rather Isobell Forbes, daughter to Arthur Forbes of Balfour, brother to John Lord Forbes, who out-lived himself and did contribute much to the revenging of his death, as shall in its own place appear. With this woman Cromy had a considerable patrimony, as appears by the letters of arrestment raised upon the dewtys of severall lands, at her and her husbands instance, in anno 1573, marked 46. See also a charter granted by John Laird of Innes upon the 17 of Apryll 1578, wherein he dispones the lands of Ardmelly and Tillidown to Alexander Innes of Cromy and Isobell Forbes his spouse in literent, and their heirs male in fee, which faylieing, to said Alexanders nearest airs, marked 47. See farder, an assignation made to the said Alexander by the said John Innes of that ilk, of the reversions of all lands under redemption to the family of Innes, &c. It is of date the 3 of September 1578, marked 48, sealed and subscrived. See lastly the charter of alienation of the whole estate of Innes, from the said Laird John to the said Alexander, sealed and subscrived the 2d December 1578, marked 49, and the Kings confirmation thereupon under the great seall, marked 50.

It is evident that this Alexander of Cromy, after he got possession of the estate, acted as Laird of Innes and designed himselfe so, notwithstanding of Johns being alive, which appears from a charter granted by James Innes of Elrick, and naturall son of the second Laird Alexander formerly spoken of, to Alexander of Cromy, whom he designes honorabilis vir Alexander Innes de eodem. This charter is given upon the lands of Neitherculine and Tillidowne, sold then by him, and is sealed and subscrived by the said James of Elrick, being of date the 16 of October 1577, which was but about 8 months after the tayllie. It is marked 51.

Though this Laird John lived long after, yet he suffered the title to go with the estate, and designed himselfe no more but John Innes sometyme of that ilk, as appears by the contract betwixt him and Robert Laird of Innes in anno 1585, marked 29.

Since this Alexander was in possession and acted as Laird, the estate also transmitting to his posterity as airs to him, I reckon him the twentysecond that represented his family, though he enjoyed it not long, being shortly thereafter barbarously murdered by Robert Innes of Innermarky, of whose interest and pretensions wee are now concerned to speak, since they have made so great a noise in the countrey.

The first of that family (as is above said) was Walter of Innes, called by the fragment Wyllie Watt, who was second son to that Laird of Innes who had got the name of ill Sr Robert.

It has been told that the sons of that Sir Robert were three. The eldest, James with the Beard (as he is called in the same fragment) who maryed Janette of Gordon, and had by her Alexander, whose race kept the estate for three generations, and Robert, whose race succeeded to it, as said is. The second of ill Sir Roberts sones was Walter of Innermarky.

The third, Robert of Drynie, of whom there is nothing to be said but that his posterity continued in a family of good repute for about seven generations, and is now extinct.

To prove Walter and Robert to be the brothers of Laird James, see the witnesses in the close of the indentur of marches, marked 3, which, in anno 1482, says, Presentibus ibidem honorabilibus et circumspectis viris Waltero de Innes et Roberto de Innes pradicti Jacobi de Innes de eodem fratribus germanis, &c.

How or upon what considerations Walter of lnnes got the lands of Innermarky from the Earles of Atholl and Huntly I shall not say, but that it was not long (if at all) befor the year 1480, I have great reason to believe. For, first, there was never a Walter of Innermarky befor the 1600 year of God but one, whom I find in the year 1496 giveing seasine to one Alexander Tulloch, upon a precept direct to him thereanent by Walter Ogilvy of Boyne, which is marked 52: from which I infer, since Walter was brother to the Laird Innes in the year 1482, and Walter of Innermarky is found in wreat in the year 1496, and that there was never a Walter of Innermarky befor the year 1600 but one, and that the first Inuermarky was a brother of the family, as is acknowledged by all; therefore this in the precept must be he, and at this tyme is come off the family.

Walter of Innermarky had severall sons, of whom I find in wreat only three, to wit, Robert his eldest, who succeeded him, Walter Innes of Touchis his second son, who was afterwards Achintoull, and Peter Innes in the Keam, of whom this present Coxtoun is descended.

As to Robert and Walter, I find the first gives infeftment to the later in the lands of Touchis, by a warrant under the great seall in anno 1509, marked 53.

To make it appear that those three were brothers, see the signet summonds raised against the Laird Innes by Balveny and Coxtoun anent the estate of Achintoull in anno 1626, marked 54, wher the whole pedegree, from the first Robert down to that day, is deduced.

This Robert Innes of Innermarky was marryed to Elspet Stewart, sister to some Earle of Atholl. For I have seen a part of those lands of Innermarky confirmed to Robert Innes of Innermarky and Elspet Stewart his spouse, sister to the Earle in liferent, &c. He had two sones (as I take it), who may be found in wreat. The eldest is called, in a charter of confirmation (which I have seen) from George Earle of Huntly, upon the half of Innermarky, Roberto de Innes juniori armigero nostro, &c. The other son (as I understand) was Walter Innes, predicessor to the family of Achlunkart. This young Robert of Innermarky had two sons that I find, viz., another Robert and another Walter; the Walter was Innerbreakys predicessor, and the Robert is he who was emulous of Cromys becomeing Laird of Innes, and did assasinate him at Aberdeen, as is now to be related.

The house of Innermarky about this tyme haveing attaynd to the possession of a considerable estate, had for that reason thought themselves the next in respect to the cheeff; and finding the family of Innes like to be childless, Robert of Innermarky grudged exceedingly that Cromy, who was inferior to him in estate, should be advanced so farr before him, as he behooved to be by such a succession.

Innermarkys relation (as appears by what is said) could not incouradge him to pretend to it, by reason of the great number descended of Laird James his fyve sons, who were all betwixt him and it, so that he had nothing left for him to say but that it ought to be given to the worthyest, which behooved to be himselfe, because he was richest.

In a meeting of friends (as the tradition runs, for things of this sort must be taken upon report) these reasons were much pressed by him, and after Innes entred in the bond of tayllie with Cromy, Innermarky made so loud expressions of his displeasure that Cromy, who, as most men say, was the gallantest man in his name, found himselfe oblidged to make the proferr of meeting with him single in armes, and, laying the Tayllie upon the grass, see if he durst take it up: In one word, to pass from all other pretensions, and lett the best fellow have it. The friends, but particularly Achintoull, who was the first and most considerable cadett of Innermarkys family, dislykt bis procedor in the matter, approved of Laird Johns taylieing his estate to the righteous air, and were weell satisfied that Cromy had blustered Innermarky in the termes he did, which had put him to silence; yet yeilding, as he pretended, to the inclinations of the friends and not to the threats of one whom he would still reckon his inferior because his estate was something less than his.

However, the disappointment and discredit wrought so powerfully upon his spirit, that there was nothing so ill but he would adventure upon to have his harts will of Cromy, which made him take the courses following: It has been told that Alexander began soon enough to act as Laird Junes, and haveing gott all from Laird John that he could receave, he left him at Kinnardy, which was the principall dwelling of the family, and lived himself either at Innes or Cromy (I cannot distinctly learn which.) This affoorded opportunity to Innermarky, who dwelt not farr from Kinnardy, to insinuate with Laird John, and hold out the iniquity Cromy had done him, as well as the dishonor or discredit he had put upon him, not only in cheating him out of his estate but in takeing the tytle of Laird upon him, and leaving John, who was trewly so (and by whose favour he had all) no better than a masterless dogg! Had he left him but the name, at lest dureing his lifetyme, it might have kept him in some estceme, but now Cromys insolence had made him more contemptible than the meanest beggar, &c. with every thing els that could exagerate the imaginary misery of the mans condition: All which took so weell with Laird John, that he would have given any thing to have that undoone which was doon.

Innermarky haveing once thus possest him, told him that it was impossible he could recover what he was cheated out of, any other way but by killing of Cromy, who certainly would never part with what he had gotten but with his lyfe: And if he pleased to concurr with him, he would be the doer of the thing himself, be the hazard what it lykt, he would undertake it rather than see his cheeff made a slave as he was.

John being brought over to his mynd, there wanted nothing but a conveniency for puting their purpose in execution, which did offer itself in the moneth of Apryll 1580. At which tyme Alexander, being called upon some bussiness to Aberdeen, was oblidged to stay there longer than he intended by reason that his only son Robert, a youth of sixteen years of age, had fallen sick at the colledge, and his father could not leave the place whill he saw what became of him. He had transported him out of the Old Town, and had brought him to his own lodgeing in the New Town. He had also sent severalls of his servants home from tyme to tyme to let his lady know the reason of his stay.

By means of these servants it came to be known perfectly at Kinnardy in what circumstances Alexander was at Aberdeen, where he was lodged, and how he was attended, which invited Innermarky to take the occasion. Wherefore, getting a considerable number of assistants with him, he and Laird John rydes to Aberdeen; they enter the town upon the night, and about midnight came to Alexanders lodgeing.

The outer gate of the close they found open, but all the rest of the doors shutt. They were affrayd to break up doors by violence, lest the noyse might alarme the nighborhood, but choised rather to raise such a cry in the close as might oblidge those who were within to open the doors and see what it might be.

The feuds at that tyme betwixt the familys of Gordon and Forbes were not extinguisht, therefore they raised a cry, as if it had been upon some outfall amongst these people, crying, Help! a Gordon! a Gordon! which is the gathering word for the friends of that kindred. Alexander, being deeply interessd in the Gordons, at the noise of the cry started from his bed, took his sword in his hand, and opening a back door that led to the court below, stept down three or four steps, and cryed to know what was the matter. Innermarky, who by his word knew him and by his whyte shirt decerned him perfectly, cocks his gun and shoots him through the body. In an instant, as many as could get about him fell upon him and butchered him barbarously.

Innermarky perceiving in the mean tyme that Laird John stood by, as either relenting or terrified, held the bloody dagger to his throat that he had newly taken out of the murthered body, swearing dreadfully that he would serve him the same way if he did not as he did; and so compelled him to draw his dagger and stab it up to the hilts in the body of his own neerest relation and the bravest that bore his name. After his example, all who were there behooved to do the like, that all might be alike guilty. Yea, in prosecution of this, it has been told me that Mr John Innes, afterwards Coxtoun, being a youth then at schooll, was raised out of his bed and compelled by Innermarky to stab a dagger into the dead body, that the more might be under the same condemnation: A very craftie crueltie I

The next thing lookt after was the destruction of the sick youth Robert who had lyen that night in a bed by his father, but upon the noise of what was doon had scrambled from it, and by the help of one John of Coldreasons, or rather of some of the people of the house, had got out at ane unfrequented back door into the garden, and from that into a nighbors house, where he had shelter; the Lord in his providence preserveing him for the executing of vengeance upon these murderers for the blood of his father.

Then Innermarky took the dead mans signet-ring, and sent it to his wyfe as from her husband, by a servant whom he had purchased to that purpose, ordering her to send him such a particular box, which containd the bond of tayllie and all that had followed therupon betwixt him and Laird John; whom the servant said he had left with his master at Aberdeen, and that, for dispatch sake, he had sent his best horse with him, and had not taken leisure to wreat but sent the ring. Though it troubled the woman much to receive so blunt a message, yet her husbands ring, his own servant and his horse, prevailed so with her, together with the mans importunity to be gon, that she delyvred to him what he sought and let him go.

Ther happened to be then about the house a youth related to the family, who was curious to go the length of Aberdeen and see the young Laird who had been sick and to whom he was much addicted. This youth had gon to the stable, to interceed with the servant that he might cary him behind him, and in his discourse had found the man under great restraint and confusion of mynd, sometymes saying he was to go no farder than Kinnardy, (which indeed was the treuth,) and at other tymes that he behooved to be immediatly at Aberdeen.

This brought him to jealous, though he knew not what; but farder knowledge he behooved to have, and therefore he stept out a little beyond the entry, watching the servants comeing, and in the by going, suddenly leapt on behind him, and would needs either go alongst with him, or have a satisfying reason why he refused him. The contest became such betwixt them that the servant drew his durk to rid him of the youths trouble, which the other wrung out of his hand and downright kild him with it, and brought back the box with the wreats and the horse, to the house of Innes (or Cromy, I know not whch.)

As the lady is in a confusion for what had fallen out, there comes another of the servants from Aberdeen who gave an account of the slaughter, so that she behooved to conclude a speciall hand of providence to have been in the first passage. Her next course was to secure her husbands wreats the best she could, and fly to her friends for shelter, by whose means she was brought with all speed to the King, befor whom she made her complaint. And what is here sett down is holden by all men to be the trew matter of fact. The Earle of Huntly, immediatly upon the report of the slaughter, concerned himself, because of his relation to the dead, and lookt out for his sone, whom he instantly caryed to Edinburgh, and put him for shelter into the family of the Lord Elphinston, at that tyme Lord High Theasurer of the kingdom.

Innermarky and Laird John, after the slaughter, came back to the Lord Saltoun's house, who lived then at Rothymey, and is thought to have been in the knowledge of what they had been about: for certain it is, they were supported by the Abernethies, ay whill the law went against them. From Rothymay they went with a considerable party of horse, and repossest Laird John in all the parts of the estate of Innes. And Innermarky, to make the full use of what he had so boldlie begun, did, upon the 17 day of May 1580, which was fyve weeks after the slaughter, take from Laird John a new disposition of the estate of Innes (pro consilijs auxilijs et bene meritis mihi factis et prestitis) reserveing his own lyferent, together with the lyferents of Dame Jean Gordon, relict to his brother Alexander, and of Elizabeth Abernethie, his own wyffe, as appears by the wreat marked 55.

And to make all sure, he had caused his eldest son Robert marry Margarett, sister of Lairds Alexander and John (though old) by which means he made, as he pretended, an infallible title, not only to the estate, but also to the cheeffship; as is evident by the renunciation given by the said Robert of Innermarky, of that pretence amongst others, in the contract past betwixt the Laird Innes and him at the Chanry Kirk of Elgin, in December 1587, which is marked 56.

By what is said, Innermarky may appear to have been a man full of unrighteousness, craft and crewelty. Yet some say, for alleviation of the fact, that he haveing his cheeffs favor, had got the first disposition of his estate, faillying airs of himselfe; but that Cromy had taken a posterior right and had supplanted Innermarky, for which he, in revenge, had kild him, Ace.

The reason was no ways relevant for such a fact, though it had been trew; but the falsness of the alledgeance (mean as it is) is plain past contradiction, from the above narrated wreat, which was given to Innennarky but 40 days after the slaughter of Cromy.

For two full years Innermarky and Laird John had possest the estate of 1 inics, strengthning themselves with all the friendship they could acquire. But being in end declared outlaws, in the thrid year, Robert Laird of Innes, the son of Alexander, came north with a commission against them and all others concerned in the slaughter of his father. This Robert was a young man, weell endewed with favor and understanding, which had ingadged the Lord Theasurer so farr to wed his interest, that he first wedded the young man to his daughter, and then got him all the assistance requisite to possess him in his estate; which was no sooner doon but he laid waste the possessions of his enemies. Burneing and bloodshed was acted by both partys with animosity enough. In the mean tyme Laird John had run away to seek some lurkeing place in the south, where he was discovered by the friends of the Lord Elphinstoun, and by them taken and sent north to Laird Robert, who did not put him to death, but took him bound to various sorts of performances, as appears by the contract betwixt them in anno 1585, marked 29: One whereof was, that he should delyver up the charter chist and all the old evidents which he and Innermarky had seased, and which I doubt if ever he faithfully did, els this narration had been with less pains and more fully instructed.

As to Innermarky, he was forced for a while to take the hills, and when he wearied of that, he had a retreat of difficult access within the house of Edinglassie, where he slept in litle enough security; for in September 1584, his house was surprysed by Laird Robert, and that retireing place of his first entred by Alexander Innes, afterwards of Cotts, the same who some years before had killed the servant who came from Inncrmarky with the fals token for the wreats, and who all his lyffe was called Craig in perrill, for ventering upon Innermarky, then desperate, and whose crewlty he helped to repay in its own coyne. Ther was no mercy for him, for slain he was, and his hoar head cut off and taken by the widdow of him whom he had slain, and caryed to Edinburgh, and casten at the King's feet: a thing too masculine to be commended in a woman.

had never disponed of his estate in parcells to his relations: nor do I think that these who bore that designation last, or if any be that bear it yett, have any relation to him; because by the indentur of marches, marked 26, G, past betwixt William Innes of Elrick and Walter Innes of Achintoull, containing the sale of the Forkedhaugh in anno 1621, that Elrick is exprest to be the son of James Innes of Culvie; and if Culvie be a family of any standing, its probable they may be from some of Laird James his four sons, by the second marriage already spoke of. Upon the death of the second Laird Alexander, who probably was never infeft (at least in the lands of the Forrestry of Boyne) William of Frosterseat, youngest son to the first Laird Alexander, succeeded to the estate, and was the 19 Laird of Innes, as is evident by the precept of clare constat, given by George Earle of Huntly upon the 9 day of November 1553, for infefting of William Innes of Frosterseat as nearest lawfull air to vmqhil Alexander Innes of that ilk, his father, who dyed last infeft in the milns and lands of the Forrestry of Boyne, &c. This precept is given salvo jure et interesse cujuslibet and with a particular reservation of the terce of Dame Elizabeth Forbes, Lady Dowager of Innes, for all the dayes of her life. It is sealed, subscrived and marked with the figure 26, A, as said is. With whom William of Frosterseat was married I cannot learn, but he had two sons, Alexander and John, who also succeeded to one another in the estate, and one daughter, who was afterwards married to Robert Innes younger of Innermarky, by whom he had no succession, as shall appear. Alexander Innes of that ilk, son to William of Frosterseat, was the 20th of his family, and married Jean Gordon, eldest daughter to John Earle of Sutherland, Lord-Liuetenant of the North, by his second wife Elenor Stewart, daughter to Mathew Earle of Lenox. Sec for this, Ochiltries record anent the family of Sutherland, and the renunciation made by the said Jean, with consent of her brother, Earle Alexander, of the lands of Aberchirder, upon the 13 of July 1576, and marked 27. This man (though very gallant) had something of particularity in his temper, was proud and positive in his deportment, and had his law sutes with severall of his friends; amongst the rest, with Innes of Pethnik, which had brought them both to Edinburgh, in the year 1576, as I take it, where the Laird having mett his kinsman at the Cross, fell in words with him for dareing to give him a citation, and in choller, either staht the gentleman with a dagger, or pistold him (for it is variously reported.) When he had done, his stomach would not let him fly, but he walkt up and down upon the spot as if he had done nothing that could be quarrelled, his friends lyffe being but a thing that he could dispose of without being bound to count therefore to any other, and there he stayed whill the Earle of Morton, who was then Regent, sent a guard and caryed him away to the Castle. But when he found truely the danger of his circumstances and that his proud rash action behoved to cost him his lyffe, he was then free to redeem that at any rate, and so made ane agreement for a remission with the Regent, at the pryce of the Barony of Kilmalemnock, which this day extends to twenty-four thousand merks rent yearly. The evening after the agreement was made and wreat given, being merry with his friends at a collation, iind talking anent the dearness of the ransom the Regent had made him pay for his lyfe, he vaunted that, had he his foot once loose, he would fayne see what Earle of Morton durst come and possess his land ; which being told to the Regent that night, he resolved to play sure game with him; and, therefore, though what he spoke was but in his drink, the very nixt day he put the sentence of death in execution against him, by causeing his head to be struck off in the Castle, and then possest the estate. To this Laird Alexander, who had no children lawfully begot, succeeded his brother John Innes of that ilk, who was the one and twentieth of the family, and married Elizabeth Aberncthy, daughter to Alexander Lord Saltoun. For proofe whereof, see the contract past betwixt Laird Robert and the Lord Saltoun in anno 1580, for his daughters lyferent, marked 28. See next the contract past betwixt Robert Tnnes of that ilk, and the same Laird John, therein designed John Innes sometyme of that ilk, dated in December 1585, and marked 29.

The reason was no ways relevant for such a fact, though it had been trew; but the falsness of the alledgeance (mean as it is) is plain past contradiction, from the above narrated wreat, which was given to Innennarky but 40 days after the slaughter of Cromy. For two full years Innermarky and Laird John had possest the estate of 1 inics, strengthning themselves with all the friendship they could acquire. But being in end declared outlaws, in the thrid year, Robert Laird of Innes, the son of Alexander, came north with a commission against them and all others concerned in the slaughter of his father. This Robert was a young man, weell endewed with favor and understanding, which had ingadged the Lord Theasurer so farr to wed his interest, that he first wedded the young man to his daughter, and then got him all the assistance requisite to possess him in his estate; which was no sooner doon but he laid waste the possessions of his enemies. Burneing and bloodshed was acted by both partys with animosity enough. In the mean tyme Laird John had run away to seek some lurkeing place in the south, where he was discovered by the friends of the Lord Elphinstoun, and by them taken and sent north to Laird Robert, who did not put him to death, but took him bound to various sorts of performances, as appears by the contract betwixt them in anno 1585, marked 29: One whereof was, that he should delyver up the charter chist and all the old evidents which he and Innermarky had seased, and which I doubt if ever he faithfully did, els this narration had been with less pains and more fully instructed. As to Innermarky, he was forced for a while to take the hills, and when he wearied of that, he had a retreat of difficult access within the house of Edinglassie, where he slept in litle enough security; for in September 1584, his house was surprysed by Laird Robert, and that retireing place of his first entred by Alexander Innes, afterwards of Cotts, the same who some years before had killed the servant who came from Inncrmarky with the fals token for the wreats, and who all his lyffe was called Craig in perrill, for ventering upon Innermarky, then desperate, and whose crewlty he helped to repay in its own coyne. Ther was no mercy for him, for slain he was, and his hoar head cut off and taken by the widdow of him whom he had slain, and caryed to Edinburgh, and casten at the King's feet: a thing too masculine to be commended in a woman.

   ANE ACCOUNT OF  THE FAMILIE OF INNES. 

CAP. VL—REG. JAC. VI.—WIL. & MAR. Though by the death of Innermarky, something of Laird Roberts edge was blunted against the other accomplices, yet the trouble was not fully over, whill by the interposition of the Laird of Makintoshe, Sir George Ogilvie of Dunleugass, William Sinclair of Dunbeath, the Laird of Duflus and some others the matter was trysted by a solemn reference, upon the last day of November 1587, at the Chanonry Church of Elgin, and there bygons were past for fan- play in tyme to come: The Laird Innes paying the sowme of 7000 merks, at two tearmes, to Innermarky, upon account of his brother Mr Alexander, as assigney to Alexander Innes of Coxtoun, for damnages and losses through burneing doon by the Laird to the said Coxtoun (as would seem undeservedly) and Innermarkie renouceing all pretensions he had to the estate of Innes, and all other kynd of competition in the termes following: "And sicklyke, the said Robert Innes of Innermarky for himself, his airs and successors, renunces. quytclaimes, purely, simply and irrevocably, all right and title of right, clame, interest and kyndness whilk he, his predicessors and others, had, hes, or any ways may pretend to have, to the Lairdship of Innes, liveing thereof, or any part or portion of the samen, either be himself or his predicessors, or his own title, by contract of mariadge, infeftments, resignations, alienations, confirmation, chartor, tayllie, lyne or birth-right, or other whatsomever kynd of title or right or kyndness, had therto of before, preceeding the day and date of thir presents, secludeing him and his forsaids therefrae by thir presents; And ratifies and approves the said Robert Innes of that ilk his title to the saids lands and liveing of Innes, so farr as in him lyes. And shall acknowledge the said Robert Innes of that ilk as principall and cheeff of the said name of Innes, and shall authorise him in tyme comeing, as any of the Lairds of Innes by past has been acknowledged and estimate be the friends of that name, and shall delyver to him all evidents, contracts, titles and wreats whatsomever, which he hes or may gett, concerning the disposition of the saids lands of Innes or any part thereof, to him or his predicessors, preceeding the date hereof, to be cancelled and destroyed for ever," &c. And then the Laird of Innes forgives him and his accomplices then" accession to the slaughter of his father; and in the end of the contract, both are bound to keep their friendship in the tearmes of the contract, under a mutuall fayllie of 7000 lib. This contract is marked 56, as said is, and the discharge of the money payed by Innes marked idem. If the Laird of Innes his uaturall right by relation to the cheeffship of his Family, and conventionall rights by bonds and contracts to the estate of it, be considered, this renunciation of Innermarkys (who had no right at all) may be thought very needless. And if the express tearmes of the renunciation be considered, it may be found strong enough to bind the ingenuous men of that family to their cheeff, although he had no better tytle of his own. But both put together, and the matter being as is now deduced and instructed, and Innermarkys family extinct, it must either show a great deall of mistake or ill nature in any of this name, to spit in their own blankett, and derogate from the Laird of Innes his family, which holds its own respect amongst its equalls, and keeps its allyances with the best in the kingdome. It is no wonder ther should have been mistakes in this matter before the trcuth was made manifest, for when God leaves friends to become enemys and shed one anothcrs blood, they say many things out of prejudice which they themselves know to be fals; and succeeding people, with whom the prejudice is worne out, hold the tradition which they have heard whispered by their prejudicate predicessors, and relates them as plain treuths, they really beleiveing them, because they themselves were not at the contryveing of them. But now the treuth being laid open by insuperable evidences, I put no doubt but it will be acceptable to every honest man who carys that name, and I hope it may give a dead stroak to all these fables which occasioned ane indifference where ther ought to have been mutuall friendship and respect. But to proceed; Robert Laird of Innes, the son of Alexander, was the 23d of his family. See his infeftment upon the lands of Rathmakenyie and others within the forrestry of Boyne, from George Earle of Huntly, in March 1583, to Robert son and air to Alexander &ce., marked 57. Robert Laird of lnnes, as said is, marryed Dame Anne Elphinstoun, daughter to Alexander Lord Elphinstoun Lord High Theasurer, by whom he had Sir Robert Innes who succeeded him and Sir John Innes of Cromy, his second son and father to Sir Robert of Muirtouu, and three daughters, married to the Laird of Guthre, George Mouro of Miltoun, and Bishop Douglass. Sir Robert Innes of that ilk succeeded to his father Robert, and was the 24th of his family. He was a man of extraordinary vertew and reputation. His sufficiency was much seen in the creditable manadgement of an estate, brought under great burden by the troubles which his father and grandfather were put to by the house of Innermarky and its associates. Nor wanted he his own share of these things. For Walter Innes of Achintoull, dying without airs male, though he was come of Innermarky, yet left his estate, with the burden of his daughters, to his cheeff, which Robert Innes of Balveny, son to the last Innermarky who had entred in friendship with Innes, (but had changed his designation from Innermarky to Balveny,) did take in so ill part, that he bended up a most litigious proces against Innes for reduction of that conveyance, as appears by the summonds raised in 1626: wherein having succumbed, he was so much rankled that he entred in a new process of reduction of the Laird of Innes his right to the estate, upon the head of his grandfathers disposition, obtained from Laird John after the assasination of Cromy (as they cald him) at Aberdeen. This wreat, as well as many others, had never been delyvred up to Laird Robert, notwithstanding of any obligation they came under to that purpose (as by the clauses in the two contracts, 1585 and 1587.) But as the interprize was unjust, so it succeeded ill, and all his pretences were, by order of the Lords, delyvred up to Innes, as is evident by the proces and the forsaid charter given to Innermarky, now in Innes his possession, and marked 55, as said is, F
But Balveny being highly prejudicat, projected a very new and nyce ground of contest, which was, that Sir William Alexander, Secretary of State, haveing just then sett on foot the Nova Scotia project, and the Knight Barronet-ships for a pryce, Balveny immediatly applyes for one of these, by virtue of which, haveing law for it, he would baffle his cheeff and take the door of him, or put him to the necessity of being Lord, which his circumstances could ill bear. Of this interpryse, Sr Robert Gordon of Gordonstoun, brother to the Earle of Sutherland, being then of the bed-chamber, did acquaint Innes, whose intimate friend he was. Innes, easily suspecting Balvenys meaning, thought best to disappoint his purpose the cheapest way, and therfore wrot to Sir Robert, allowing, in case Balveny did prosecut that, to pass one for himself of a prior date, which accordingly was doon, and the other stopt for a year or two. But Innes concealing what was doon, had the satisfaction to find his own judgement approven by the other mans procedour; for (as I am credibly informed) how soon he got his Knightship, at a weaponshaw in the Chanry Church yaird of Elgin, he entred very confidently upon a competition with his cheeff, wherein first he declynd to draw his sword single because he would walk legally; and then upon the sight of Sr Roberts prior patent, after a scuffle, was fayn to quyte the place of rendevous; which was the last medleing that ever was betwixt these two familys. For that of Innermarky or Balveny had been at such expence and had run it self so fair in debt, in prosecution of the feud with the house of Innes, that it ruined itself and severalls of the best friends it had. And to follow it out to the close, Sr Robert Innes of Balveny who brock his own estate, had a son, Sir Walter, who succeeded him. Sir Walter had a son, Sr Robert, who succeeded him to the name but not to the land. Sr Roberts circumstances were but mean; he left no heirs, and in his death the family extinguish!; he being the eighth generation from the first Walter who founded it. It had severall cadents of good respect come of it, few whereof are now standing. Achintoull was the first; who, for laike of airs male, gave hia estate to the Laird of Innes. C'alrossic, Hinnenny, and all come of these, are extinct, as to any visible inheritance that I can learne. Auchlunkart is just now gone to a daughter, and the nearest airs male to it are in mean circumstances. Innerbreaky, who sometyme made a considerable figure in Ross, is also extinct, and all descended of him in mean condition. The last come off the house of Balveny, and neerest that family (were there any thing to represent) is Mr George Innes, a preist, who possesses a small interest in Angus called Dennoone; what lawfull airs male he can have I know not. Also Innes of Ortonn, a degree more remote than Dennoone, possesses a small estate upon Spey side. These things being in view, prove themselves. But the remotest of all from Innermarkys family, yet trewly come of it, is Sir Alexander Innes of Coxtoun, who has not only the greatest respect of any extant of it, but also of the whole name (for ought I see,) excepting his cheeff. His origine is from Peter Innes of the Keam, a possession which still belonged to the house of Duffus. This Peter was the youngest son of Walter, who was the first Innermarky; his son was Alexander, who acquired the lands of Coxtoun; Alexanders son was Mr John Innes of Coxtoun, formerly spoken of, all which is evident by the summonds raised by him in anno 1626, and marked 54. Mr John Innes had a son called James, who dyed before himself, and left two sons behind him, to wit Sr Alexander Innes of Coxtoun, who succeeded his grandfather, and John Innes of Culdrain. Sir Alexander was twyce maryed, but had no children, which oblidged him to leave his estate to his brother Johns eldest son, who is Sir Alexander of Coxtoun, presently liveing. To returne to the family of Innes; Sir Robert Innes, of that ilk last spoken of married Dame Grisell Stewart, daughter to James Earle of Morray, and sister to Earle James, Lord Lieutenant of the North, by whom he had three sons and fyve daughters; the eldest married first to the Laird of Craigstoun (to whom she bore only Sir John Urquhart of Cromarty) and afterwards to my Lord Brodie, and was mother of his children; another was married to Sir Walter Stewart of Rossaith; a thrid to Sir Robert Innes of Muirtoun; the fourth to the Shireff of Morray; and the fyfth to Alexander Lord Duffus, with whom she lived but short tyme, so as there are no children of that marriage. His three sons were, Sir Robert, who succeeded him, James Innes of Lichnett, and Captain William Innes of the Guards. Sir Robert Turns, of that ilk, son and heir to the last Sir Robert, was the twenty-fyfth of his family, and married Dame Jean Ross, daughter to James Lord Ross, by whom he had Sir James, who succeeded him, John who dyed young, and fyve daughters; the eldest married to the Laird of Kilravock; the second to Duncan Forbes of Colloden; the thrid to Alexander Ross of Clava ; the fourth to Sir James Calder of Muirtoun; and the fyfth to the Laird of Echt. There was also a sixth, who married herself, without her parents consent, to a gentleman of the name of Sutherland. Sir James Innes of that ilk, son and heir to Sir Robert, is the twentiesixth of his family. He married Dame Margaret Kerr, daughter to the Earle of Roxburgh, or rather daughter to Henry Lord Kcrr, eldest son and appearand air to the Earle of Roxburgh, and by her had, that came to perfection, three sons ; and three daughters, the eldest married to the Laird of Makerstoun, in the shyre of Roxburgh; the other two unmarried. Of his three sons, the eldest, Robert, dyed in France; the youngest, Hugh, dyed in Flanders; the second, who is alive, and succeeds him, is Sir Henry Innes of that ilk, to whom his father, Sir James Innes, re signd his estate, upon the day of October 1694, and by that means is the twenty-seventh Laird from Berowald, who took the first wreat upon the estate. In all which long tract of tyme, there are three things wherein they are either notable or happy, as they themselves say. First, that their inheritance never went to a woman; next, that none of them ever married an ill wife; and thridly, that no friend ever suffered for their debt. Whither all this be true or no, I know not; but if it be, let them be the more thankfull to the Lord for his goodness, who has continued them so long without reproach, and can yet add to their succession, if they be humble before him, and honest towards men. And if they be vain and misimprove the kyndness of God, how easily can he put a period to their race and cast them out of his sight, as he dayly doth with many greater and better than they! [DIPLOMA STEMMATIS INNESIORUM A LEONE KEGE ARMORUM DATUM SUPER LIBELLO PRESCRIPTOJ Universis et singulis GenerosS, Natalitium prosapia ac virtutis splendore nobilibus, quacunque authoritatis emiuentia aut potestatis titulis colendis, prsesentium Lectoribus, Ego Alexander Areskinus Baro de Cambo Equea et Baronettud, apud Scotos Leo Rex Armorum 8. P. D. Quum sum ma et sedula eorum quibus administrate Reipublicai est commissa, cura et studium ease debet, ut quaecnnque generosi sanguinis praeclareve gestorum a majoribua derivata sunt jura et encomia, eadem apud Posteros (nisi ab integritate decessorum desciverint) quam longissima fieri possit serie sarta tectaque maneant, quo et ipsi post-geniti stemmatis sui memores, nil parentum am* plitudine et integril fama indignum committaut, sed ad parem accensi Laudem, aliquam, propria virtute, splendoris accessionem claritudini majorum superaddant, Et sic majore vel saltem pari conatu proavos emulati, claros se patriae et charos Alunmos, atque Regibus suis Gives quam maxime probos praestent, et ne quid culpa sua aut desidia de Gentis suae splendore decedat votis ingentibus et invictft virtute contendant. Quum etiam mea refert meique muneris et Officij Leonis, omnium hujus Kegni Nobilium domi degentium vel foris (pro uberiori ingenij sui cultu et literarum studio, vel pro arte militari mellus acquircndi) et qui a generoso aliquo stemmat« Scoticano suam legitime ducunt originem, Lineas et genealogias testari atque in Archiva nostra referre speciatim intersit; Et mihi etiam Omnium hujus Regni Procerum, Prelatorum, Baronum, caeterorumque nobilium Insignia seu Arma visitandi, suaque singulis confirmandi, illaque congruis et legitimis differentijs distinguendi, per serenissimos nostros ScotisB Reges, et acta Regni Parliamenti, mihi demandata sit provincia, atque etiam in viros quoscunque de se aut Republic^, benemaerentes Arma conferendi, eaque omnia in Rotulis nostri officij, tanquam Registro authentico reponendi, Et ex ipsis eorum petentibus exempla suis coloribus ac lineis rite expressa officij nostri sigillo et syngrapho nostro munita describendi, mihi soli concessa et data sit potestas: Hinc est quod coram me Leone Armorum Rege jampridem comparens Nobilis et perillustris Dominus D. Henricus Innesius (vulgo Innes) films legitimus natu maximus et I lauvs apparens Domini Jacobi Innesij ab eodem E^uitis et Baronetti Gentis suae principis, atque Libellum quondam hisce praefixum exhibens Vernacule Scriptum (Authore generoso viro D. Duncano Forbesio de Colloden antiquitatum studiosissimo) cui hie inscribitur titulus [Tractatus de origine et successione Familiae de Innes & scriptis authenticis Collectus] petijt et obnixe rogavit testimonium sibi dari de familise suae origine et successione, atque de predicti Tractatus seu enarrationis veritate; Similiter ut tam ipsum libellum quam cartas, scripta et documenta unde descriptus est explorarem, Ipsumque Dominum Henricum Innesium h&c nostra tesserS, deinde adornarem. Ego hac ratione inductus veritatem assertam fore atque testatam apud omnes pro virili cupiens et ut indubitatse etiam fidej et veritati ex aequo et bono firmum testimonium (quod beneficij loco illi tam domi quam foris prodesse possit) non denegarem. Non solum certum et notum omnibus esse vole et facio libellum supramemoratum de Prosapiil per-illustris familiae Innesianae tractantem (facta prius diligenti inquisitione et comparatione seu collatione ejusdem cum cartis alijsque scriptis et documentis unde describitur) verum esse fideque dignum atque satis inde compertum praescriptum Dominum Jacobum Innesium nunc de eodem filiumque suum Uominum Henricum Innesium antenominatum Indubitatos Innesiorum esse Philarchos a Berowaldo cognomento Flandrensi (qui tum primus h. Malcolmo seu Milcolumbo Scotorum Rege felicissimse memoria? Cartam Regiam Agrorum aliorumque ad familiam spectantium obtinuit) stemmata ducentes; . omnesque eorum antccossores hue usque legitimo matrimonij nexu copulatos hactenus generis luce claruisse, suasque laudes et encomia ad posteros sine labe transmisisse. Specialitfr quod Jacobus Innesius Baro de Innes cognomento Barbatus a Berowaldo illo decimus sextus ex uxore sua Domina Joneta Gordon filia Icgitima Alexandri Comitis de Huntly legitimo thoro duos genuit filios Alexandras scilicet postea de Innes et Rohertnm posteade Cromy et Rathmakenzie; Et quod pracdictus Alexander eorum natu maximus duxerat Elizabethan! Dumbaram filiam legitimam Domini Jacobi Dumbari de Cumnock Militis, (Cujus successor est hodie Hsereditarius Vicecomes Moraviensis.) Ex quo matrimonio duo fuerant editi filij Alexander nempc postea de Innes et Wiliclinuj &e Fosterseat. Et quod idem Alexander Elizabetbam Forbesiam filiam legitimam Wilielmi Domini Forbesij primo duxerat et deinde absque heredibus masculis ex ipsius corpore decesserat. Et quod antenominatus Wilielmus de Fosterseat ex sponsa sua Elizabetha Hepburn families de Bothwell duos etiam habuit filios Alexandrum et Joannem quibus alternatim titulo et statui de Innes succedentibns et absque hseredibus ullis masculis de corporibus suis legitimfc procreatis decedentibus, successit pronepos autenominati Jacobi cognomento Barbati Ex eo quod memoratus Kobertus Innes de Cromy et Rathmakenzie, filius secundo genitus dicti Jacobi Barbati pro uxore habuit Meldrum filiam legitimam illustris Baronis de Fyvie, et ex eo matrimonio genuit Jacobum lnnesium de Cromy aliosque liberos. Ex quoquidem Jacobo et Catharina Gordon filia legitima Baronis de Gight legitimo thoro genitus est Alesamio.r Innesius de Cromy et quiquidem Alexander, non solum virtute Talli» inter ipsum et Joannem Innesium de eodem hinc inde confectse de data decimo quinto die mensis Martij anno Domini Millesimo quingentesimo septuagesimo septimo, Sed etiam jure sanguinis tanquam nepos Roberti Innesij de Cromy et Rathmakenzie filij secundo geniti Jacobi Barbati et fratris immediate junioris Alexandri Innesij de eodem, atque sic propinquior Haeres masculus Joannis Innesij de eodem immediate ante decedentis patruelis sui uno tantum gradu remoti, statum et titulum Baronis de Tnnes juste admodum et legitime subiisse: Verum etiam pro certo testor praedictum Dominum Henricum Innesiam ex legitimo matrimonio ac generosis praeclarisve parentibus ortum nobilibusque familijs tam a paterno quam a materno genere oriundum ut ex genealogia ante depicta dictoque tractatui subjecta clarissime patet. Ulteriu" presentibus sincere et bona fide testor et declaro Arma Domini seu Baronis de Innes antiqua et propria, a me approbata confirmata inque publicis nostris Archivis inserta sequentibus lineis et coloribus ease delineata, Portat c.7iini, ob generis sui et virtutis propaginem pro tesseris familiae sux gentilitijs in argenteo scuti valvulo tres Stellas cyaneas: Supraque Cassidem Buo gradui congruam, chlamyde coloris veneti argento duplicato ornatam, et tortulam ex ijsdem coloribus, pro CristS eminet Caput Apri avulsnm proprio colorc conspicuum. Fulciunt duo Canes Leporarij argentei cum Collaribns caeruleis tribus itidem Stellis argenti metalli insignitis cnm hoe symboki vernacule in taenia scripto, Be Traist; Ut supra colorata magis lucide videntur. Quffiquidem omniu sicut ex se vera et firma sic etiam ut apnd universes et singulos testatiora et certiora fiant atque cunctis pro manifestis innotescant, Ego libere et prompte libellis hisce assertoriis Sigillum Officij 1 .cnniH appendi curavi, manu mea propria addita. Datum Edinburgi decimo quarto die meusis Gecembris anno Domini Millesimo sexcentesimo nonogesimo octavo. ALEX"- ARESKINUS Leo Rex Armorum. CHARTERS AND NOTES CHAPTER I—BEROWALD, JOHN, WALTER. It is vain now to seek for the original charter of Innes, by King Malcolm, to Berowald of Flanders. The words of our author seem to say that he had seen it, and found it somewhat illegible; and, in like manner, it would appear that Sibbald, the antiquary of the beginning of last century, had examined the original. But it had disappeared before Sir James sold his lands, in 1768; and the official Transumpt, certified by Bishop Gawin Dunbar, Clerk of Register, was then put forward as the beginning of the series of Titles, and the best evidence of the ancient tenure. Historical study, and especially the study of charters, has been much cultivated since the days of the Laird of Culloden, and no charter scholar has now any doubt as to the granter and the date of the original charter to Berowald, which was given by King Malcolm IV. at Perth, at Christmas, in the year 1160; when William Bishop of Moray was Papal Legate in Scotland, who returned from Rome invested with that dignity in that year, and died in the year following. Nor is the country of the new settler more doubtful. The name Berowald is not Celtic in appearance. It does not occur elsewhere in Scotland. But Beroald was already a common name in Flanders and the low countries, and the historical evidence all goes to support its Flemish origin. Among the strangers of various lineage, who, during all the 12th century, swarmed over the land from Tees to the Moray Firth, were many Flemings, who founded great houses, some continuing to be known by the name of their native country, others, like the sons of Berowald, soon taking their family surname from the lands they acquired. But some G
circumstances seem to have occasioned a new influx of Flemings into Scotland precisely at the time of our charter. During that age the natives of Flanders were noted over Europe as engineers, builders, fortifiers and defenders of castles —good men at arms in all ways, but especially renowned for attack and defence of fortified places. Stephen of England had used them for making and keeping those feudal fortresses in which ne trusted. But his successor Henry FitzEmpress, in the second year of his reign (1155-6) threw down the new castles which Stephen had built, reclaimed many burghs, castles, and towns, from those to whom Stephen had granted them, and drove out the garrisons, especially the Flemings—il lez enchasa tretouz de la tere, et nomement lez Flemynkes qi od Esteuen estoint grantz meisters. The Flemings whom the English King chased out, though some settled in Wales, went chiefly to the North, where many of their countrymen had already taken fast root. We find, at that precise time, Theobald, styled ' Flammaticus,' who has been erroneously set up as the origin of the great house of Douglas, settling in Lanarkshire, beside Baldwyn ' Flamingus' the ancestor of the noble family of Fleming. Before ihat time, Mainard 'Flandrensis' had been set over the new burgh of St. Andrews by David I.; and Flemings in Berwick and other burghs were already leading the way in trade and handicraft, and teaching the lesson of union and social strength, which they had brought from their own Ghent and Bruges. Those energetic colonists, habitually uniting, ready alike for peace or war, have left their traces in the name of more than one settlement, still called "Flemington;" and yet more remarkably, if we believe that they claimed and established peculiar privileges to which they gave their own name.' It happened that the district of Moray was just then ready for such settlers. David I., the saint of civilization, had already studded the coast of the province with Burghs, the cradle of trade and of the new-born middle class. Beside each of them he had fortified a Royal Castle, that the arm of the State might support the young communities, thrown among rough neighbours: He had recently founded the Benedictine house of Urquhart, and !he Cistercian Abbey of Kinloss—schools of agriculture, art and industry, as well as of religion. Before his time, the great Bishopric was established, which, as yet without a fixed seat, was soon to render Elgin the little centre of religion, law, and such learning as existed, to a wide province. i tycala cronlcon, p. 35. homage, ward, relief, and snlt of court, tma cum kijc Flamynga que dicitur Fleming lauA— 'Chalmers asserts the Flemings "obtained words that would seem to imply some one a right to be governed by their own law,"— peculiar custom, rather -than being governed resting the assertion upon the terms of one by their own law generally. But the materials charter, with which he was imperfectly ac- are too slender to build upon.— Caledonia I., qnainted. By it, Thomas, Karl of Mar, (c. p. 60*. The charter ls giren at full in vol. IV. 1859) grants to John Mar, canon of Aberdeen, of the "Antiquities of the Shires of Aberdeen the lands of Croteryston in the Garloch, free of and Banff, p. 156. But the natural advantages of Moray, which had attracted the care of David I., were long counteracted by political misfortunes. The native lords, supporting a claim of their Maormors to the throne, had led her people into frequent and formidable revolts, till, at length, Malcolm IV., the son and successor of David, "with bold and desperate policy," as Lord Hailes expresses it, "dis-possessed them all, scattered them over Scotland, and planted new colonies in their room."i Such a story of wholesale transmigration cannot be true to the letter. Some old institutions unquestionably survived the measure; and a native rural population, in the condition of that of Scotland in the 12th century, could have no political sentiments, nor be called to account for political conduct. That there was some revolution, however, seems proved by charter evidence, and by the sudden appearance at that time, in the records of the province, of a great number of Southerns, obtaining grants of lands in Moray, for whom room must have been made by some violent displacement of the former lords of the soil. Fordun, who gives the tradition of the total dis-peopling of Moray—ul ntc units quidem illius terra; nativus ibi remanerel—tells us that Malcolm settled in their place a peculiar and peaceful people—pt,pulum pcculiarem et pacificum—and who more fit than the Flemings to teach some trade and manufacture to the burgesses, to drain the marshes of Spiny and Cotts, as well as to do service as men-at-arms in the King's Castle? And thus it came to pass that Berowald of Flanders obtained the lands of Innes, all from Spey to Lossie, except the Priory lands of Urquhart, no doubt for service doue, as well as for that which he undertook to perform—the service namely of one knight in the King's Castle of Elgin. That ancient Royal Castle, subsequently the seat of the Earls, stood on the green mound at the west end of the little city, now known as Mary-hill, a name which it retains from a chapel dedicated to the Virgin within the castle, and which survived it. The transumpt of Berowald's charter, though it may have spoilt the spelling of the original, is no doubt essentially correct; and it is here given with more precision than our author thought requisite: Carta Regis Malcolmi IV. Malcolmus Rex Scotorum omnibus probis hominibus tocius terre sue salutem Sciatis me in feodo et hereditate dedisse Berowaldo flandrensi in i A. 1161, quoting the authority of Fordun, vlii, 6. pronincia de Elgin Ineess et Etherurecard per rectas earum diuisas Tenendnm sibi et heredibus suis de me et de heredibus meis hereditarie libere quiete in bosco in plano in campis pratis pascuis in moris et aquis ffaciendo michi inde seruicium vnius militis in castello meo de Elgin Preterea ei dono in burgo meo de Elgin vnum toftum plenarium tenendum simul cum predicto feudo suo ita libere et ita quiete sicut aliquis ex paribus suis liberius et quiecius tenet toftum suum aut feudum suum Testibus Willelmo Morauiensi episcopo sedis Apostolice legato Merlesvano filio Colbani Willelmo filio Frisgin Apud Perth in natali domini proximo post concordiam Regis et Sumerledi. Tenet hoc transumptum cum originali carta in presentia dominorum consilij pro tribunali seden. product. lect. inspect. et diligenter examinat. non caucellat. suspect. aut vitiat. collationat. et concordan. cum eadem et de mandato dominorum in hanc publicam transumpti formam propter vetustatem et fragilitatem originalis carte redact. et confect. edicto publico vt moris est rite et legitime primitus prehabito vt talis et tanta fides huic transumpto temporibus affuturis adhibeatur qualis adhibenda est prelibate carte originali Per me Gavinum Episcopum Abirdonen. Clericum rotulorum registri Ac consilii Supremi domini nostri Regis sub meis signo et subscriptione manualibus. GAWINUS DUNBAR. Of John of Tones, the son of Berowald, we know nothing, except from King Alexander II's charter to his son, which names him. We do not learn any of his transactions, nor even whether he survived his father and became the head of the house and estate: and no wonder. How little we know of any private man in Scotland during the reign of William the ' ion! Of Walter, the third in descent, we have in the first place, his crown charter, which probably marks the period of his coming to the estate; granted by King Alexander II. on 20th January, 1225. It is still preserved, and is legible in every word, and almost every letter, though it puzzled the eyes of Mr. Duncan Forbes. Carta Regis Alexandri II. Alexander Dei gratia Rex Scottorum • omnibus probis hominibns tocius terre sue Clericis et laicis Salutem • Sciant presentes et futuri nos conccssisse et hac Carta nostra Confirmasse Waltero filio • Johannis filii • Berewaldi • Flandrensis • Inees • in prouincia de Elgin • et Ether Vrecarde • per earum rectas diuisas • Tenendas ei et heredibus suis de nobis et heredibus nostris • in feodo et hereditate • in bosco et plano • in terris et aquis • in pratis et pascuis • in moris et maresiis • in stagnis et molendinis • et cum omnibus iustis pertinenciis suis • cum Socco et Sacca • cum furca et fossa • cum tol • et them • et infanganethef • libere et quiete • plenarie et honorifice • per seruicium vnius militis in castello aostro de Elgin • Et pretcrea unum toftum plenarium in burgo nostro de Elgin • Tenendum simul cum predicto feodo suo • ita libere et quiete sicut Carts Regis • Malcolmi • inde facta • Berewaldo • auo predicti Walteri • testatur • Testibus Thoma de Strivclin Cancellario • Willelmo Cumin • Comite de Buchhan • Justiciario • Scocie • Ingeramo de Baillol • Henrico de Baillol • Camerario • Willelmo de Bruys • Willelmo filio Willelmi de ueteri ponte • Willelmo de Fernindrath • Apud Inuerculan • vicesimo die Januarii • Anno Regni nostri duodecimo. After his accession, we meef wit.h Walter of Innes where we should expect, taking part in the transactions of the great Bishopric where his estate and family were settled, and in the Cathedra1 town, the centre of civilization to the district. Thus he was at Elgin on occasion of a great assemblage of clergy and 'ait y, on the 9th and lOih of October, 1226, and on these two days assisted at the amicable settlement of disputes between Bishop Andrew and his kinsman Walter de Moravia, the great lord of Duffus, and the oiher Walter, lord of Petty and great baronies round it, and of Bucharm, Aberlour and Arndilly on Spey.i Again, some years later, Walter of Innes witnessed a very solemn compact between the Bishop and David de Strathbolgy, son of the Ear! of Fife, regard'ng the possessions of (hose parties in t'-ie Aberdeenshire deanery of the diocese, on the 3th day of October, 1232; and a similar settlement between the Bishop and Walter de Moravia of Petty, on the 7th of August, 1235.8 'legist. Episc. Morav., p 25, 132. the manner of the latest of these entries— domino Waltero de Ineyi— it might seem that the 1 Regiet. Morav., p. SO, 101. In these several lord of Innes was a knight in 1235. But he is entries in the Cathedral Register, the name is nowhere expressly styled miles. written, H'altcnn de Inneys, and de Ineyi. From CHARTERS AND NOTES. CHAPTER II.—ALEXANDER, WILLIAM, SIR ROBERT, ALEXANDER, WALTER, SIR ROBERT, SIR WALTER. The next generation, Alexander, the son and successor of Walter, is quite unevidenced, and the name must rest on the tradition of the family, as gathered and set forth by Mr. Duncan Forbes. During that generation, a settlement took place between the Monks of Pluscardin and the Town of Elgin, which interested the family of Innes from its connexion with a subsequent one in which (hey were concerned, and, on that account, several transumpts and copies of it are found among the family charters. It is now of interest as one of the few records of business transactions, of that century, preserved in the north. The style shows how early, legal formalities had made their way over the simplicity of a rude age. (•irographum Inter Priorem de Pluscarden et Burgenses de Elgin, A.D. 1272. Xouerint omnes hoc scriptum visuri vel audituri quod cum mota esset controuersia inter priorem et conuentum de Pluscardin ex vna parte et burgenses de Elgin ex alia super seruitiis debitis ad instaurationem et restorationem molendinorum suorum de Elgin et stangnorum de terra prepositure de Elgin quam dieti burgeuses tenent ad feodam firmam de domino rege sic demum inter partes facta est hec finalis conuentio anno domini millesimo ducentesimo septuagesimo secundo die sancti nicholai episcopi sub hac forma videlicet quod dicti burgenses ex consensu et assensu communi omnium et singulorum precipue Adami filii Stephani et Patricii Heroc tune temporis prepositorum de Elgin Hugonis Heroc Thome Peyne Andree Vis Mathei Black et alterius Villelmi Black filii quondam Simonis Heroc vna cum dictis Adam et Patricio prepositis terram dicte prepositure de Elgin tune temporis tenentium reliquique totius vulgi eiusdem ciuitatis dicto die super hoc in cemeterio sancti Egidii congregati dederunt et concesserunt pro se et heredibus suis et hoc presenti scripto in modum cyrographi confecto confirmarunt Deo et beate Marie ct sanctis Joanni baptiste et Andree apostolo et fratribus in domo de pluscardin Deo seruientibus et inperpetuum seruituris totam terram ilium qne die huius finalis conuentionis interiacebat duobus molendinis suis de Elgin aquis utraque parte circumdata que etiam eodem die erat de terra dicte prepositure cum omnibus libertatibus et aisiamentis infra dictam terram pertinentibus vel pertinere valentibus Tenendam et habendam dictis fratribus et eorum successoribus de dictis burgensibus et eorum heredibus libere quiete plenarie honorifice et integre cum omnibus libertatibus et aisiamentis suis pro quieta scilicet clamatione seruiciorum que dicti fratres ad reparationem et iustaurationem dictorum molendinorum suorum et stangnorum dicte prepositure a dictis burgensibus ante diem huius finalis conuentionis exigebant Salua semper eisdem fratribus et eorum successoribus integre consueta multura quam dicti burgenses eisdem fratribus exhibebant de terra dicte prepositure Reddendo tantum annuatim dictis burgensibus et eorum heredibus per manus cuiusdam tenentis dictam terram duodecim denarios . . . Hec autem datio et concessio a dictis burgensibus dictis fratribus facta est saluo scilicet situ molendini heredum de Duffus in dicta terra Insuper dicti fratres concesserunt pro se et successoribus suis quod neque per se neque per quemeunque tenentem ab ipsis dictam terram aliquam in ea excercebunt negotiationem quod libertatem dictorum burgensium poterit ledere aut damnificare eisdem nihilominus terra existente libera ab omnibus exactionibus et demandis vt predictum est et ad omnes vsus reliquos ad vtilitatem dictorum fratrum cedentes vel aliquo modo cedere valentes Preterea si dicta molendina a dictis fratribus qualicunque escambio ad dominum regem redierint dicta terra ad dictos burgenses sine omni cauillatione et exceptione redibit prius tamen saluis dictis fratribus expensis suis positis in edificiis et aliis huiusmodi infra dictam terram ... In cuius rei testimonium illi parti huius scripti in modum cyrographi confecti que manet penes dictos fratres appositum est commune sigillum de Elgin Illi vero parti que est penes dictos burgenses sigillum dictorum fratrum est appensum. Our Author quotes a document, not now to be found, to prove that William was Laird of Innes in the latter half of the thirteenth century: but we have other evidence of this personage. The name of "Willelmus de Ineys" is found in a Roll of names of certain magnates and others of Scotland who performed homage to Edward I,i on the 14th of March; apparently to entitle them to have seisin of their lands. And again, on the 17th day of July, the 24th year of the King, (1296) the same person, now written Willame de Inays, took the oath to Government at Aberdeen, along with Duncan of Ferendrach, Patrick de Berkeley, Hugh de la Hay, Reginald le Chien, and other Northern barons, and affixed to the instrument of fealty this seal.* Heraldic bearings were not yet generally adopted among us, and William of Innes put no shield of arms on his seal. As in the larger number of seals of that period, the centre is filled with a trival ornament, only to give room for the owner's name in the circumference. [graphic] i Palgrave's documents and records illustrat- served in the Chapter house at Westminster, ing the History of Scotland, p. 194. See 1'algrave's Scotch documents, p 177, and Ragman Rolls, p. 96-7. - Original instrument with seal entire, pre This William, the ninth in succession, according to Forbes's computation, iim.li. have lived very long laird, or was succeeded by another of the same nameThe two following documents are from the original in the family charter-chestThe first, King Robert's charter, confirms an early writ of the lady who seems to have brought the Thanage of Aberkirdor into the family of Lines. The latter shows us William of Innes taking a part in a peace-making between two neighbouring powers, in 1330. Carta Regis Roberti I. de Wester Caringusy, A.D. 1328. Robertus dei gracia Rex Scottorum • Omnibus probis hominibus tocius terre sue salutem • Sciatis nos concessisse et hac presenti Carta nostra confirmasse donacionem illam et concessionem quas quondam Sibilla filia quondam Simonis thani de Abirkerdor domina et beres terrarum de Caringusy fecit Alexandro de Melgdrum et Isabelle sponse sue • ac eorum heredibus • de dauata terre que dicitur Westir Caringusy • et de duabis particulis terre de Culbbathyns cum pertinenciis. Tenendas et habendas Willelmo de Melgdrum eorum heredi et heredibus suis • de predicta Sibilla et beredibus suis • in feodo et hereditate per omnes rectas metas et diuisas suas cum omnibus libertatibus commoditatibus • aysiamentis et iustis pertinenciis suis • adeo libere • et quiete • plenarie et honorifice • Sicut Carta dicte Sibille eisdem Alexandro et Isabellae sponse sue ac eorum heredibus exinde confecta • in se plenius iuste proportat et testatur. Saluo Seruicio nostro • In cuius Rei testimonium presenti Carte nostre Sigillum nostrum precepimus apponi • Testibus Bernardo Abbate de Abirbrothoc Cancellario nostro Thoma Ranulphi Comite Morauie Domino Vallis Anandie et Mannie nepote nostro • Jacobo Domino de Duglas • Roberto de Keth Marescallo nostro • et Dauid de Berkelay militibus • apud Edinburgum • duodecimo die Marcii • Anno Regni nostri vicesimo Secundo. Concordia Inter Monachos de Pluscardin et Burgenses de Elgin, A.D. 1330. In dei nomine Amen Concordatum est inter Religiosos uiros • Priorem et conuentum de Pluschardyn ex vna parte • et burgenses communitatis de Elgyn ex .ilia • Presentibus venerabilibus viris et discretis • domino Thoma dei gracia Abbate de Kinloss • magistro Adam Heyrokis thesaurario ecclesie morauiensis • domino Simone de Curry canonico eiusdem et nobilibus uiris dominis Reginaldo le chen iusticiario Roberto do Lauydir • nnlitibus • Willelmo de Fedreyth • Willelmo deYnes • baronibus • et Roberto dauid vicecomite de Elgyn et aliis • in hunc modum • videlicet • quod cessante omni altercatione habita inter partes super multuris dictorum burgensium omnium generum bladi • tam ex cultura quam ex empcione ipsorum vndecumque • died Burgenses et Communitas tenebuntur soluere monachis predictis septiinmn decimum vas uel fattum precise absque omni alia exactione • hoc adieclo expresse inter partes et acto quod si contingat molendina de Elgin destrui iucendio uel alio fortuito casu uel inundatione aquarum impediri ne molant • dicti Burgenses et Communitas fide prestita corporali respondebunt et dabunt monachis predictis • duas partes predicte multure et pro tercia parte molant vbicunque uoluerint quousque reparentur dicta molendina et molere possent -Et si reperiatur quod aliquis se subtrahat transportando granum siue in equo siue in dorso hominum qualitercumque et per dictos monachos seu eorum ministros deprehendatur • saccus cum grano • farina uel braseo • cedet monachis in escaetum • et equus et ductor balliuo domini Comitis presentabitur pro forisfactura • Actum est eciam inter partes quod quater in anno quicunque fuerit habitus de multura suspectus non soluta exigetur iuramentum ab eodem • quod si reuuerit facere seruiens uille qui cum seruientibus monachorum iuerit ad hoc exigendum districtum capiet et dictis seruientibus monachorum liberabit • Actum est eciam quod si applicantibus nauibus dicti Burgenses frumentum aut aliud genus grani emerint ab eisdem uauibus uel aliunde pro mercimoniis suis exercendis de huiusmodi grano nulla exigetur multura nisi quatenus in usus proprios conuerterint. Et ad hec omnia et singula seruanda imperpetuum dictns prior nomine suo et conuentus sui • Walterus nlius Randulphi maior • Thomas Heruei et Willelmus de Strathbrokis • balliui de Elgin nomine communitatis eiusdem fidem prestiterunt corporalem • adiecta pena Centum marcharum esterlingorum applicandarum fabrice ecclesie cathedralis de Elgyn ab ea parte qui coutrauenerit presenti huic conuencioni • principali conuencione ut premittitur nichilominus in suo Robore remanente. In cuius Rei testimonium huic presenti scripture per modum cirographi confecte que penes dictos monachos de Pluscardyn remanet appositum est sigillum commune burgi de Elgin Vikl cum sigillis abbatis de kinlos • magistri adami heyrok thesaurarii et prenominatornm nobilium virorum Reginaldi et Roberti militum • alteri vero penes burgenses parti remanenti appensum est Sigillum commune domus de plnschardyn cum Sigillis predictorum dominorum ad futurorum memoriam. Acta apud Elgin quarto die mensia decembris Anno Domini • millesimo • CCC° trigesimo. The following charter, though not apparently concerning the family of Innes, or its estates, has been preserved in their charter chest, and it is too important for the history of the north to be omitted. Carta Comitis Moravie, data Roberto de Chesbelm, c. A.D. 1345. Omnibus hanc Cartam visuris vel audituris • Johannes Ranulphi Comes Morauie • Dominus Vallis • Anandie • et Mannie • Salutem in Domino sempiternam • Noueritis Nos Dedisse Concessisse et hac presenti carta nostro confirmasse • Domino Roberto de Cheshelm • militi bachillario nostro • pro homagio • et seruicio Buo • nobis fideliter impenso • et impendendo • Duas dauatas Terre infra baroniam nostram de Vrchard • videlicet • Dimediam dauatam de Innermorchen • Quarterium de Blare • et quarterium de Lochletare • Tercium quarterium de Inchebrene et vmim quarterium deDulschangy • Tenendas et habendas • predicto Domino Roberto • et heredibus suis • de nobis et heredibus nostri.s • in feodo • et hereditate • libere • quiete • plenarie • et honorifice • in Viis et semitis • Boscis et planis • pratis et pascuis • stagnis • aquis • et piscariis • Moris et maresiis • pasturis et viuariis • aucupacionibus • et venacionibus • Molendinis • Multuris • et bracinis. Et cum omnibus aliis commoditatibus • libertatibus • aysiamentis • ad dictas Duas Dauatas Terre nunc spectantibus sell aliquo modo in futurum • de jure • vel consuetudine • spectare valentibus • Tam noil Nominatis • quam Nominatis • Adeo • libere • sicut allqua terra • in Regno Scocie liberius • pro homagio • et seruicio • tenetur • ant possidetur • Facieado • inde nobis • et heredibus nostris • Dictus Dominus Robertus • et heredes sui • forinsecum seruicium • quantum • ad dictam terram • pertinet pro omni alia' exaccione seculari vel demanda • Nos vero Johannes Eanulphi et heredes nostri • Predictas duas dauatas .Terre cum omnibus suis iustis • pertinenciis • predicto domino Roberto • et heredibus suis • contra omnes homines • et feminas • Warantizabimus • acqinetabimus • et inperpetuum defendermis • In Cuius Rei Testimoninm • iii:i'- presenti • Carte eigillum nostrum • fecimus apponi • Hiis • Testibns • Venerabilibus • Patribus • Dominis • Ricardo • Johanne • et Rogero • Dunkeldensi • Morauiensi et Rossensi • Episcopis • Dominis • "Willelmo Wyseman • Reginaldo le Chen / et Jacobo de Kerdale • Militibus • Domino Johanne de Dytthoun • Svbdecano Morauiensi • ac Cancellario nostro • Simone Fresel • Patricio le Graunt • Willelmo de Kerdale • Eugenio filio Ferchardi • et Multis Aliis. Two charters of John de Hay of Tulibothvil are preserved in a careful transumpt, taken at the instance of Sir Walter of Innes of that ilk, in 1454. They are of general interest for Northern pedigrees, and are here given in the order of their time. In the charter room at Glammis, I noted, some years ago, a charter by John de Haya de Tolyboyle, granting to John Lyoun the lands of Tolynacht, in the forest of Buyne, vie. Banff: Witnessed by Alexander Bishop of Moray, William Boyle, precentor, Thomas Bur, Walter de Braneth, canons of Moray, Walter Byset, lord of Lesyndrum, Roberto de Ynce domino ejusdem, Johanne de Dunbar, clerico meo et multis aliis. It is not dated, but may be placed about 1365. Carta Johannis de Haia, data Thome de Sancto Claro, de Urchany et Petarsky, in maritagium, c. A.D. 1350. Omnibus hanc cartam visuris vel audituris Johannes de Haia filius et heres Domine Ysabelle de Haia filie quondam Domini Gilbert! de Haia de lochorwer militis salutem in christo sempiternam / Sciant presentes et futuri me dedlsse concessisse et hac presenti carta mea imperpetuum confirmasae Thome de sancto claro filio thome de sancto claro cam Eufemia seniore sorore mea in liberum maritagium inter eosdem et liberis inter eos deo duce procreandls totam medietatem meam terre de Wrchany infra baroniam de Narne vna cum davata de petcarshy in tenemento de Erwyde infra vicecomitatum sutherlandie / quasquidem terras cum pertinentiis suis clamo tenere in feodo et hereditate de magnifico domino meo Willelmo comite de Rosse et eius heredibus / Tenendas et habendas supradictas medietatem terre de Wrcheny et dauatam de petcarshy prenominatis thome et Eufemie et heredibus inter ipsos procreatis seu procreandis de me et heredibus meis per omnes metas suas et certas diuisas prout iacent procul et prope tain in longitudine quam in latitudine In boscis in planis moris marreseis in aquis et Btagnis viis et semitis pratis et pascuis et pasturis in venationibus aucupationibus et piscariis cum brasinis et molendinis cum hominibus et iucolis dictaa terras inhabitantibus vnacum omnimodis pertinentiis libertatibus commoditatibus et aisiamentis tam non nominatis quam nominatis ad easdem terras nnnc spectantibus seu quomodolibet speetare valentibus infuturum: Adeo libere quiete plenarie et honorifice sicut aliqua terra per quameunque infeodationem in liberum maritagium liberius quietius plenius et houorificentius alicui conceditur seu donatur: Ita tamen quod si contingat quod absit predictos Thomam et Eufemiam absque herede de corporibus suis procreato seu procreando in fata decedere supradicte terre cum pertinentiis suis ad heredes meos libere reuertentur. Ita quod predictus Thomas si supervixerit pro toto tempore vite sue memoratas terras absque impedimento aut contradictione mei uel heredum meorum integre et pacifice possidebit: Ego vero predictus Johannes de Haia et heredes mei dictam medietatem terre de Wrcheny et prefatam dauatam de petkarshy cum pertinentiis suis vniuersis predictis thome et Eufemie sorori mee ac heredibus inter ipsos procreatis sen procreandis ut prescriptum est contra omnes homines et feminas warantizabimus acquietabimus et in perpetuum defendemus: In cuius rei testimonium presenti carte mee sigillum meum est appensum. Hiis testibus venerabili patre in christo Domino Rogero dei gratia Episcopo Rossensi hugone de Rosse fratre domini comitis de Rosse henrico dicto falconer barone de lethyn • hugone de Rosse Adam de vrchard Willelmo thano de Caldor Willelmo filio suo et multis aliis. Carta Johannis de Haya, facta Thome de Sancto Claro, de Pollam et Kilmalowok, c. A.D. 1350. Omnibus hanc cartam visuris vel audituris Johannes de Haia de tulibothuil salutem in domino sempiternam Noueritis me dedisse concessisse et hac presenti carta mea confirmasse dilecto armigero meo thome de sancto claro pro fideli seruitio suo michi impenso et impendendo totam terrain meam de Pollam et kilmalowok cum pertinentiis Jacenteui in comitatu rossie infra strathpefir / Tenendam et habendam totam terram predictam de Pollam et kilmalowak eidem Thome et eufamee sponse sue sorori mee et liberis de eis procreatis seu procreaudis de me et heredibus meis in feodo et hereditate per omnes rectas metas et diuisas suas In boscis et planis in moris marrisiis in viis et semitis in aquis et stagnis in pascuis et pasturis in siluu in venationibus et aucupationibus cum molendinis et brasinis et cum omnibus aliis libertatibus commoditatibus et aisiamentis et iustis pertinentiis ad dictam terram spectantibus seu iuste spectare valentibus in futurum / tam non nominatis quam nominatis adeo libere quiete integre et honorifice sicut ego aut predecessores mei aliquo tempore predictam terram liberius tenuimus aut possedimus / Et si contingat heredes inter ipsos thomam et Eufameam procreatos seu procreandos quod absit decedere volo et concede quod predicta terra de pollam et kilmalowak ad eundem thomam et heredes suos libere reuertat et remaneat cum omnibus libertatibus suprascriptis / Eeddendo inde dictus thomas et heredes sui ut prescribitur michi et heredibus mcis vnum denarium argenti tantum nomine albe firme ad festum pentecostes si petatur pro omni alio seruitio seculari exactione seu demanda saluo forinseco seruitio domini regis quod spectat ad eandem / Ego vero Johannes de Haya predictus et heredes mei predictam terram cum pertinentiis eidem thome et heredibus suis ut prescriptum est contra omnes homines et feminas Warantizabimus acquietabimus et defendemus • In cuius rei testimonium preaenti carte sigillum meum feci apponi apud brichtyn quarto die Decembris Anno gracie millesimo tricentesimo quinquagesimo • Hiis testibus Willelmo Comite rossie hugone de rosse / adam de vrchard thoma de dingval roberto de monro et multis aliis. The charter to Eufamia of Saint Clair, witnessed by Robert of Innes, mentioned by our author, is still in the charter chest; Walter of Leslie's beautiful seal, with the shield (quarterly Leslie and Ross) slung round the neck of a displayed eagle, still attached; Donatio de Bray et Tiry.—A.D. 1367. Omnibus hoc scriptum visuris vel audituris Walterus de Lesly dominus de Ross salutem in domino sempiternam sciatis nos dedisse concessisse et hac presenti carta nostra imperpetuum confirmasse dilecto et fideli nostro Eufemie de sancto claro omnes et singulas terras de Bra cum pertinenciis iacentes infra vicecomitatum de Inuernes et de tiry infra vicecomitatum de Aberdene et medietatem de drem et terciam partem de Bron cum pertinenciis infra vicecomitatum de Innernes que quidem terre de Bra et tiry fueruut Alexandri Sinclare hereditarie et que medietas de drem et tercia de Bron fuerunt elene de sancto claro quas ipse alexander et dicta elena non vi aut met u ducti nee errore lapsi sed mera et spontanea voluntate in manus nostras per fustum et baculum sursnm reddiderunt pureque simpliciter resignauerunt ac totum ius et clameum que in dictis terris cum pertinenciis habuerunt vel haberc poterunt pro se et heredibus suis omnino quiete clamauerunt imperpetuum tenendas et habendas dicte eufemie pro se et heredibus suis de nobis et heredibus nostris dando nobis et heredibus nostris annuatim duos denarios nomine albe firme ad festum sancti Johannis baptiste tautum si petatur / In cuius rei testimonium presenti carte nostre Sigillum nostrum precepimus apponi Testibns Hugone de fraser Johanne de le hay et Roberto de Innes cum multis aliis Anno Domini Mmo CCC° sexagesimo septimo Domino Willelmode lindeshay Johanne de le hay et domino . . . de Inn . . . The student of Northern local history, and of that curious but neglected study of legal antiquities, will be grateful for the following document, which has a place here as giving us the last occurrence of Sir Robert of Innes, in connection with some good northern names. It affords a very interesting specimen of antique procedure. The local antiquary will not fail to note the via Scoticana, leading from Inverness through Drakies—the line of the Highland road" of our time. I give the instrument from the original, communicated to me from the Charter-room of the Burgh of Inverness. The usual notarial preamble is here omitted. It has had seven seals, of which that of the Jusliciar alone remains—a pretty shield within a circle, ornamented with cusps—the bearing—between 3 boars heads couped, a fess charged with the three crenels of Randolph—circumscribed de Cheshelme +. In Itinere Justiciarii Regalitatis Moravie per nos Robertum de Cheshelme dominum ejusdem justiciarium dicte Regalitatis Moravie tento apud Le Ballocis hill iuxta Invernysse xxvi dei Januarii anno gracie Mccclxxvi et in presentia nobilis et potentis domini Johannis de Dunbarre Comitis Moravie; Comparuit ad Barram Jachobus filius Stephani burgensis de Invernysseet citatus per Willelmum Lambe vicecomitem dicte Regalitatis vicecomitatus de Invernysse ad respondendum et ostendendum quomodo et qualiter tenuit et habuit illas sex acras terre iacentes ex parte occidentali terre de Deyrbowchte inter terram nobilis viri domini Willelmi Pylchee ex parte orientali ex parte una et viam JScoticanam qua itur apud Drekechys versus austrum ex parte altera in latitudine. Quiquidem jachobus allegabat quod habuit et tenuit dictas sex acras terrc de Eufamia et Edoua sororibus quondam dominabusveteris castri • in feodo et hereditateet super hocostendebat cartas earundem dominarum veteris castri. Et patricius de Crawfourde tanquam prelocutor dicti nobiliset potentis domini Johannis de Dunbarre comitis Moravie asserens nomine et ex parte dicti domini Comitis quod nullus tenens potuit vendere aut in feodo et hereditate alienare terram aliquam sine lisentia et confirmacione domini sui superioris super hoc specialiter procurata vel impetrata dictus vero jacobus allegans pro se ipso quod de dictis sex acris terre habuit bonam et claram confirmationem de avo dicti nobilis domini Johannis de Dunbarre comitis Moravie videlicet de domino Thoma Rauulphi patre quondam comitemoravie • dictus autem Patricius de Crawfourde peciit visum ejusdem confirmationis • dictus quippe jachobus protestavit et ostendidit clare quod dicta confirmatio fuit cum plurimis aliis suis evidenciis in detentione secura cum quondam speciali suo amico infra domum fratrum predicatorum de Invernysse et ibidem fuit combusta et penitus adnichillata tempore combustionis dicte domus • dictus insuper Patricius super hoc peciit plegium • dictus jachobus peciit lisentiam a judicc ut cum suis amicis super inventione dicti plegii potuit avisiari et consuli. Et fuit idem Jachobus lisentiatus ac sub securis plegiis removebiit paululum extra curiam cum suis conciliariis. Ipso Jachobo sic consulto idem jachobus rediit et presentavit se in curia affirmans et inveniens dictum plegium quod eadem confirmatio fuit combusta penitus ut predicitur, et super hoc se posuit ad declaracionem et determinacionem assise bonorum patrie • Quiquidem Patricius de Crawfourde ex mandato expresso dicti nobilis domini Comitis Moravie percepit et levavit ad declaracionem et determinationem premissorum meliores antiquiores et fideliores ejusdem curie magno juramento interveniente videlicet istos subscriptos nobiles viros / domiuos Robertum de Innes • et Willelmum Pylchee milites • Alexandrum de Moravia dominum de Coulbyn • Hugonem de Rosee dominum de Kilravoc • Adam flemyng • Ingeramum de Wenton • Eugeuium de Berkelay • Thomam de Brothy • Gilbertum de . . on • Thomam de Wenton • Johannem de Ic Cow . . . Willelmnm lambe • Henricum de doles • et Lanrencium Blac • cum pluribus aliis • Que quidem assisa sic diligenter jurata super veritate et declaratione premissorum dicenda dicit clare et firmiter affirmat quod sepius videbat et audivit talem confirmationem lectam in pluribus enriis vicecomitum regalitatis de Invernys tentis per Galfridum de Munbeyn et ctiam per Alannm de Wenton tunr vicccomites Regalitatis vicecomitatus de Invernysse • Et hoc nos Robertas de Cheshelme dominus ejusdem tanquam justiciarius virtute officii nostri testamur per presentes • In cujus rei testimonium sigillum nostrum una cum sigillis quorundam qui dicte assise interfuerunt presentibus est appensum In testimonium premissornm • Datum et actum die loco et anno prenotatis. The next two articles furnish evidence of Alexander, the successor of Sir Robert, whom our author had no knowledge of. The first is from the family charter chest, the second—a most interesting charter—is in the "Town Cadgett," of the burgh of Elgin: Appended to it are the fragments of three seals. The great seal of Earl John is now a mere skeleton, showing the outline of an equestrian figure. The Countess Marjory, daughter to King Robert II., has a pretty seal, simply the Lion of Scotland, within the double tressure, without difference. Thomas, the heir apparent, has a shield couche—the arms of Randolph with a label—a harts head issuing from a coronet for crest, and lions supporters. Instrumentum de Possessione Multure de Forres, A. 1390. In dei nomine amen per hoc presens publicum instrumentum cunctis pateat euidenter quod anno domini millesimo CCCmo nonogesimo mensis Aprilis die decima sexta Indictione xiii" pontificatus sanctissimi in christo patris et domini nostri domini dementis diuina prouideutia pape vij anno duodecimo in capitulo ecclesie cathedralis de Elgyn • In mei notarii publici testiumque subscriptorum preseutia propter hoc personaliter constitutus Religiosus vir dompnus Thomas prior domus de Pluscardy coram Reuerendo in christo patre ac domino suo domino Alexandro Dei gracia Episcopo Morauiensi suo iudice ordinario et dyocesano specialiter in hac causa prout in quadam Carta died domini Alexandri ibiden lecta et ostensa continebatur citato nobili viro domino Roberto de Cheshehn milite ad iustantiam predicti . . . . prioris in causa possessionis cuiusdam multure prepositure de fores • proposuit et dixit quod predictus Robertus de Cheshelm domum de Pluscardy et ipsum priorem nomine eiusdem domus de dicta multura in predicta prepositura de fores spoliauit et spoliari fecit minus iuste • de qua multura dicta domus de Pluscardy a tempore quo uon est memoria fuerat possessor pacifice sine questione qualicunque • quas possessionem et spoliacionem ibidem probauit dictus prior • et quia de ipsa possessione erat per dictum dominum Robertum spoliatus iniuste in manibus dicti domini Episcopi Bui Judicis ordinarii decem librarum prestitit caucionem • Quare predictus dominus prior nomine domus sue a dicto domino Episcopo deputatis petiit quod ipse dictam domum suam et ipsum priorem nomine dicte domus in possessionem pacificam dicte multure imponeret ct ipsos defenderet in eadem • Quibus auditis probatis et intellectis predictus dominus Episcopus predictam domum de Pluscardy et priorem eiusdem in possessionem predicte multure cum pertinentiis imposuit et ipsos restituit ad eandem • predicto domino Roberto Inhibendo sub excommuuicationis pena quod in predicta multura dictos domum et priorem de cetero non turbaret et de inde ablatis juste ipsis satisfaceret competenter • Predictus dominus de Cheshelm dictum dominum Episcopum tanquam non suum Judicem in hac causa prima facie declinauit et recessit • Super quibus omnibus predictus dominus prior a me notario publico infrascripto sibi fieri petiit publicum instrumentum • Presentibus discretis viris dominis Johanne de Ard succentore • Alexandro de vrchard • Johanne de Aberkerdore ecclesie Morauiensis canonicis • Adam Flemyng • Alexandro de Innes -Thoma de Vrchard armigeris -et Andrea filio Roberti burgensi de Elgyn et multis aliis ad premissa vocatis specialiter et rogatis in testimonium veritatis omnium premissorum -Et ad maiorem euidenciam predictus dominus Episcopus suum sigillum apposuit autenticum presentibus perpetuo remansurum. Et ego Willelmus Gerland clericus Morauiensis diocesis publicus Imperiali auctoritate notarius Premissis omnibus et singulis dum sic ut premittitur agerentur et fierent vna cum prenominatis testibus presens interfui • eaque omnia sic fieri vidi et audiui et in bane formam publicam redegi signoque meo consueto signaui Rogatus. Carta Comitis Johannis data burgo de Elgyn. Omnibus hanc cartam visuris vel audituris Johannes de Dunbarr Comes Moravie eternam in Domino salntem • Cum per tres mbrtalitates preteritas et oppressiones varias diversorum • post obitum dominornm quondam auunculorum nostrorum Thome et Johaunis Ranulphi comitum Moravie / qui pro defensione regni et rei publice in bellis ceciderunt • burgum nostrum de Elgyn In edificiis pro magna parte corruerit • burgensesque partim mortui et alii affecti oneribus • vix valeant suam vitam et statum sustinere / nos volentes dictum burgum et burgenses et ipsorum statum releuare ad ipsorum requestum humilem et supplicationem deuotam / seruisiam assise solitam quondam constabulario castri nostri de Elgin de singulis exceptis previlegiatis seruisiam in burgo ipso vendentibus persolvi • de cuius solucione ipsum burgum et burgenses multum grauati fuerant / ipsis et comunitati dicti burgi pro se et suis successoribus inperpetuum / ex speciali gratia remittimus / et donamus / pie et irreuocabiliter pro nobis et heredibus nostris et successoribus comitibus Moravie / Ita quod nunquam decetero exigatur • Et vt constet omnibus nos voluntarie hanc gratiam seu previlegium dictaro seruisiam assise non solnendi dicte comunitati fecisse et concessisse / obligamus nos heredes nostros et successores comites Moravie Warantizare et defendere ipsis istam nostram donationem / contra omnes homines et feminas et vniuersitates imperpetunm • Et in casu quo ipsi burgenses vel communitas trahantur in judicium circa huiusmodi vel vexentur • nos subrogamus et assignamus eis centum solidos de firma dicti burgi nobis debitos annuatim • retinendos per ipsos in loco ipsius seruisie / donee per nos heredes nostros et successores Comites Moravie repositi fuerint in plena et pacifiea possessione ciusdem • et hoc tociens quociens ipsos super hoc contigerit molestari • In quorum omnium testimonium sigillum nostrum magnum presentibus fecimus apponi • vna cum sigillo coniugis nostre domiue Mariorie -et cum sigillo domini Thome de Dunbarr filii nostri et heredis I consentientium ad premissa • Presentibus Reuerendis in Christo patribus dominis Alexandro Dei gratia Episcopo Morauiensi • Adam eadem gratia Abbate de Kynlos • Religioso viro domino Thoma priore de Pluscardyne • Magistris Willelmo de Spyny precentore Willelmo de Cheshelme Thesanrario ecclesie Morauiensis tune cancellario nostro • Dominis Johanne de Haya domino de Tulybothuyle • Roberto de Cheshelme • domino eiusdem • militibus • Hugone Fraser • domino de le Louet • Johanne de Dolas domino eiusdem • Alexandro de Ines domino eiusdem • et multis aliis testibus ad premissa • Datum apud Elgyn primo die mensis Maij anno Domini millesimo cccmo nonagesimo. "Alexander de Innes dominus ejusdem" along with his brother John of Innes, Canon of Moray, afterwards Bishop, was witness to that inutilis et dampnosa provisio as the scribe of the chartulary styles it, which threw the Bishoprick into the power of the Earl John, and his son Thomas, Sheriff of Morray,i on the feast of St. Peter in cathedra 1389. He was one of the Inquest for the service of Robert Sibald of Aldrochty in 1393;" and we meet with him no more; neither in the documents of the family charter-chest, nor in the neighbouring Bishop's Register. Forbes seems to be mistaken in stating John Bishop of Moray to have been Laird of Innes; but in that he only followed a local tradition, which made him the Laird, and transferred to his accession the resolution of the Chapter to devote a share of the Episcopal revenue to the expenses of restoring the ruined cathedral, which took place at that of his successor. That the Bishop was of the family of Innes is almost certain; but even that is not proved. Here is all we know of him :—John Innes was a Moray man; a Canon of the Cathedral of Moray in 1389» Prebendary of Duffus in 1395, (10 Jan.,) and Archdeacon of Caithness in 1396. In that year he obtained a grant from Bishop Alexander Bur of Moray, to enable him to fulfil his ardent desire of studying the Canon law in the University of Paris. In 1406, John Innes was elected Bishop of Moray.8 Bishop Innes died at Elgin, 25th April, 1414. A local memorialist of the end of the 17th century records that "he was bureit at the North-West pillar, quhairon the gryt stepill arysing in the middis of the cathedrall kirk leanis; a gryt pairt quhairoffis thocht to be built by himself). His sepultur is extant to this day."* Forbes, founding, no doubt, on a family tradition or family pedigree equally fallacious, inserts here a "Good Sir Robert," whom he marries to Dame Janet, the heiress of Aberchirdsr. Good Sir Robert, he says, was brother to the Bishop, and father to Sir Walter. The charter of James II. (1450) which he quotes in support of the latter statement, is lost, but seems only to have proved that Walter was the son of Janet of Aberchirder,' which we readily believe, as we find that estate now for the first time among the possessions of the family. We can hardly doubt that Sir Walter was the son of Alexander, by the heiress of Aberchirder. i Regist. Moray, p. 201. Innes's monument has been rescued from the ruins. Shaw giveB the inscription in the same 1 Ibid p. 205. words with our author, Monteith (Theatre of Mortality), as follows—" Hie jacet reverendus in

• Consecrated 23d Jan. 1406. — Regist. C'aiita pater D.D. Joanna de Inna hvjus ecdaiae Morav. quondam episcoput moraviensit, qui hoc notabile oput cxlruxit et per septennium episcopale munu* Icnuit." t King of Newmills' notes, at the end of a It is evident that neither version is accurate. MS. of Pitscottie, now at Brodie. The Great Tower of the Cathedral of Elgin fell on Easter • P. 13. Sunday, 1711; and only a fragment of BUhop In 1420, on the 16th day of August, "Walter of Innes, lorde of that ilke," was one of the notables assembled in the kirk-yard of the Chanonry of llosmarky, who bore witness by their letters testimonial and their seals, to the change of destination of the Graham's lands of Kerdale.i "Walterus de Innes de Eodem * was the first on the inquest of Northern gentry, who met at Inverness, on llth February, 1431, for ascertaining the tenure of the lands of Kilravock ;' and the seal he then affixed to the Return of the Inquest, is still preserved in the charterchest of Kilravock. Here it is—plain Innes, without the boars' heads of Aberchirder— [graphic] In 1438, Sir Walter had received the honour of knighthood, as we learn from the following charters granted to him and his heir-apparent, whom our chronicler calls "111 Sir Robert," for no apparent reason. Aberchirder on Doveran, before it became the property of the lairds of Innes, had long given name to a race of hereditary Thanes. Symon, thane of Aberchirder, in the thirteenth century, was lord also of the thanedom of Conveth, and we are told that for some delinquency, whether feudal or political—perhaps his adherence to the party of the Cumins, Earls of Buchan—he forfeited both thaneilnnis, and was content to renounce six davachs of Conveth to the then Earl of Buchan, who had acquired a right to them, in order to recover Aberchirder; while he also endowed a chaplainry of St. Menimius on Doveran side, his foundation being witnessed by his brother, William of Aberchirder. We have seen Sibilla the daughter of that Thane Symon, recognised by the Crown as his heiress i' but she must have taken only the property, leaving the superiority in the Earls of Buchan, or the Lindsays of the Byres, to whom those Earls or their representatives disponed it. 'The original is at Brodie. The seals, alas, '" The Family of Rose of Kilravock, p. 128. are all gone. It is printed in the Appendix to the Bcyitt. Efitc. Morav. 'Regitt. Epuc. Harm., p. 319.

The perplexed history of the Earldom of Buchan is mixed up with that of those thanes of Aberchirder, and both are known to us very imperfectly. We know, indeed, that the Cumins, Earls of Buchan, were forfeited for their determined opposition to Bruce, and that Margaret, one of two co-heiresses of the forfeited family, was allowed by the magnanimous victor to inherit her moiety of the great Earldom, which she carried to her husband, John, a brother of Hugh Earl of Ross. In 1316, on the morrow of the Nativity, John of Ross declared his brother Hugh, (afterwards Earl) his heir of all his lands in Scotland, failing children of his own ; * and it appears that he died childless. Earl William of Ross, the nephew of those brothers next comes on the stage, and he will best tell his own story, in a remarkable complaint which he made, only a few months before his death, to King Robert II. The old man, the nephew of Robert the Bruce, thus addresses the King3 and his Council :— Your predecessor, King David of good memory, gave to Sir Walter of Lesly, knight, all my lands, and also those of my brother Hugh, within Buchan, without our leave, and without legal process. As soon as I heard of that lawless investiture, I wrote to the Lord Bishop of Brechin, then Chancellor of Scotland, and also to Robert, Steward of Scotland, [now King] Thomas, Earl of Marr, William of Keith, knights, and William of Meldrum, in order that they might act as my attorneys for suing from my lord the King, my lands and my brother's, under caution, (adplcgium) and also a letter to my sister Eufamia, countess of Moray, [now Queen] on the same subject; and I employed my clerk, Sir John of Gamery, Canon of Caithness, to present those letters in due form. As he was on his journey, he was met by John of Aberkerdor, calling himself the squire, (armigerum) of Sir Walter Lesly. This person arrested my clerk; robbed him of all the letters; cruelly beat his squire, because he refused to bind his master to his horse's tail; carried him among woods and pathless places, nor would set him free till he undertook to pay 8 marks of Sterlings, and gave Sir Robert the rector of Forglen, and William Byset of Ochterless, for surety, and swore on the holy gospels, m presence of Sir Cristinus, vicar of Forgue, not to deliver any of my letters, but to carry the box containing them sealed with his seal, to Sir Walter of Lesly, his lord, and enter himself his prisoner. When this was done, my clerk toiled forward to his lord, the Bishop of Aberdeen, [Bishop Alexander Kininmond, then beginning his Cathedral], and to Sir William of Keith, who freed him (resolvebant) from the payment of the money, and thence came to me in Ross, and told me this history. After this, seeing I could not have my lauds by means of cautioners, I travelled in my own proper person to my lord the king, as far as the town of Aberdeen, to sue my lands, but could not recover them on caution, without granting to the King, for the use of John of Logy, all my right in Platan in Forfar. And when I had made that grant in that hope, and was invited to dino with my lord the King, I asked, after dinner, an answer about my affairs; but the King, after consulting, sent me a great schedule of questions to be answered, wherein were put forward many authorities of the civil law; which, when I had read, I said I did not come there to dispute at law with my lord the king, and then, without seeking leave, I journeyed to Ross, and had no more speech with the King till his coming to Inverness. But the Lady Margaret of Logie, then Queen, with her council, hearing that I had thus returned without agreeing with Sir Walter nor with her, gave precept and command that my body should be arrested and imprisoned, and all my lands seized and recognosced in the King's hands. The King would by no means suffer my body to be arrested, but permitted all my lands to be seized in his hands. Then, when my Lord the King came to the town of Inverness, he found me without any land or lordship, my whole Earldom of Ross seized and recognosced in his hands, together with all my lands of Moray, without cause shown; nor could I learn any cause except that the friendship of my Lord the King I might not have, until I were agreed with Sir Walter. And, on the morrow, when the barons and their suitors (sectatombus) were called in the Justice Court, neither I nor my suitor appeared for the Earldom of Ross, because the King was in possession, as was said; and there I and Hugh my brother, deprived of all our land and without lordship, and perceiving that our Lord the King was moved against us, and Sir Walter very powerful with him and with the Queen, we ratified the gift of our lands of Buchan made by the King to Sir Walter, because of the greater dangers imminent. For, then, my brother Hugh, being in foreign parts as a banished man, I complied with the desire of the King, giving to Sir Walter the grants which I made; which grants so made, my Lord the King restored me to my first state of the Earldom of Ross. Moreover, I make known by these presents, on the peril of my soul and in good faith, that Hugh my brother foresaid never in all his life resigned to me as his superior lord, his lands of Buchan, which he held of me in chief, except out of caution, that I might make a better defence in them, and that the lands might be less disturbed by his adversaries and rivals, and might obtain more favour through my means: And, not concealing the truth, in truth and in the faith by which I am bound to God, never was my daughter spoused with the said Sir Walter with my will, but quite against my will: Nor did I make to them any grant or gift of lands or agreement of any kind of succession (convsntionem cufuscunque succes. sionis) at any time up to the day of the death of my Lord King David, your predecessor, except by compulsion (ex rigore) of my lord the King, and through fear of his anger: And this to Almighty God and to your royal Majesty, by the present writing, I notify. Given at Edinburgh, 24 June, 1371.' i P. 57. • He styles himself the King's nepos, which In Scotch charters generally means nephew. 1 Haddington Collections. They were cousins and brothers-in-Iaw, but nephew, how? The obituary of Ferne records that Wilhelm Earl of Ross, who fabricated and repaired the church of Ferne, died at Delny, on the 9th day of February, 1371. Besides the moiety of the great Earldom, David II. made to Sir Walter Lesly a separate grant of the thanage of Aberchirder, with the curious provision that if the heirs of the old Thanes should recover the lands at law, Lesly should still come in place of the Crown, as superior and receiver of the services and feu-fenn. The Lindsays of the Byres obtained, I know not by what title, whatever right was in Lesly, and, for some time continued to hold the superiority, while the property had passed through David, the last thane of the old race, to his daughter Janet, who married the laird of Innes. The church of Aberchirder "pulcherrimo Duxernefluvio munita et vallata,"" is the resting-place of Saint Marnan, a bishop and confessor of the 7th century. There the saint's well and his bed of stone were, till lately, had in remembrance, i The original Is in the Charter-room at 'Bra. Aberdon. Kal. Mar. Balnagown. It was printed in a little volume collected by the late Mr. W. Bolllie, entitled— - Chronicle of the Earls of Ross. Edin. 18—."

and there in the old time his relies were honoured, and his head especially (gloriotum caput ejusdem) on every Lord's day throughout the year used to be washed, the people and the clergy suppliantly praying the while, and tapers burning; and the water in which it was washed was given to the sick of all diseases, and thereby and throngh the merits of the saint, numbers have received relief and health. The Inneses succeeding to the thanes of Aberchirder were votaries of Saint Marnan. Camerarius tells us that when the people of the district offered supplications to heaven for fair weather, they used at the same time to carry round the Saint's head with much honour and solemnity—comitante prasertim Innesiorum tribu nobili et peranliqua quae tenerrimo in Murnanum ferebatur affectu.i The " glorious head" was used by the Inneses to give the most solemn sanction to their covenants which piety or superstition could afford, as we shall see hereafter. The granter of the first (extant) charter of Aberchirder is the well-known Lord of the Isles, the grandson of Countess Eufam of Ross and Walter Lesly. Carta Domini Insularum de baronia de Abyrkerdor, 1438. Alexander de Yle dominus Insularum Comes Rossie et iusticiarius ex parte boriali aque de Forth • Vuiuersis et singulis hanc cartam visuris vel audituris salutem • soiatis nos approbasse ratificasse et hac presenti carta nostra confirmasse • Donacionem illam et concessiouem quas dominus Johannes de Lyndissay dominus de Byris fecit et concessit dilecto nostro consanguinco Domino Waltero de Innes militi domino eiusdem de terns baronie de Abyrkerdor cum pertinentiis infra vicecomitatum de Banff • Tenendis et habendis dicto domino Waltero et heredibus suis cum omnibus et singulis libertatibus commoditatibus asiamentis et iustis pertinenciis quibuscunque ad dictas terras spectantibus seu quoquo modo iuste spectare valentibus infuturum • adeo libere et quiete plenarie integre et honorifice in omnibus et per omnia sicut Carta et euidencia dieti Domini Johannis de Lyndyssay • eidem Domino Waltero inde confecta in se iuste continent et proportant • et adeo libere in omnibus et per omnia sicut carta bone memorie quondam Domini Walteri de Lesly aui nostri facta quondam domino Willelmo de Lyndyssay de Byris consanguineo suo super dictis terris plenius continet et

Camerarius de Scotorum fortitudine, etc.

             K 

proportat • Et ut hoc nostra confirmacio predicte carte aui nostri Robur virtutem et libertatem teneat habeat et possideat • In cuius rei testimonium sigillum nostrum presentibus apponi fecimus apud castrum nostrum de Dinguell vicessimo secundo die mensis Februarii anno Domini millesimo quadringentesimo tricesimo octauo • Testibus venerabilibus viris Willelmo de Lesly vicecomite de Inucrnes Georgeo de Mwnro Domino de Fowiys Willelmo de Vrchard Willelmo de Caldor Hugone le Rosse et Murchardo Revach armigeris. CHARTERS AND NOTES. CHAPTER III.—SIR ROBERT (ILL SIR ROBERT), JAMES, (JAMES WITH THE BEARD), ALEXANDER, ALEXANDER, WILLIAM, ALEXANDER, JOHN. •
The granter of the following charter was the son of the heiress of Gordon, who himself soon took the name of Gordon, and was created first Earl of Huntly, nine years after the date of this charter. Carta Domini de Gordon de terns in foresta de Boyne, A.D. 1441. Omnibus hanc cartam visuris vel audituris Alexander de Seton miles Dominus de Gordon eternam in Domino salutem Sciatis me dedisse concessisse et hac presenti carta mea confirmasse Roberto de Innes filio et heredi apparenti Domini Walteri de Innes domini eiusdem pro homagio suo et seruicio michi impenso et pro toto tempore vite sue impendendo Totas integras terras meas de ordynys Rotmakyngyn et Badynspynke iacentes infra forestam nostram de Boyne in vicecomitatn de Banff Tenendas et habendas totas predictas terras cum pertinenciis predicto Roberto et heredibus suis de me et heredibus meis dicte foreste de Boyne et Ayne in feodo et hereditate imperpetuum per omnes antiquas rectas metas suas et diuisas in boscis et planis moris marresiis venacionibus aucupacionibus et piscariis in pratis pascuts et pasturis cum molendinis multuris et eorum sequelis cum curiis et earum exitibus cum marchetis et heryheldis ac cum omnibus aliis libertatibus commoditatibus ct aysiamentis ad dictas terras spectantibus seu quouis modo spectare valentibus in futurum Faciendo inde anuuatim dictus Robertus et heredes sui michi et heredibus meis predictis tres sectas curie mce de Boyne vel de Ayne ad tria placita capitalia vbicunque fuerint tenenda ac etiam wardam releuium etmaritagium • Set si contingat predictum Robertum cum aliquo vel aliquibus contra me ire seu partem contrariam contra me accipere volo quod omnes predicte terre mee cum pertinentiis ad me libere sine strepitu judiciali reuertant • Et ego vero Alexander predictus et heredes mei dicte foreste de Boyne totas terras predictas cum pertinentiis predicto Roberto et heredibus suis iuxta tenorem huius scripti contra omnes mortales warandizabimus acquietabimus et imperpetuum defendemus In cuius rei testimonium buic presenti carte mee sigillum meum est appensum apud Strabolgy primo die mensis Septembris anno Domini millesimo quadringentesimo quadragesimo primo. On the 10 of June, 1454, in the parish church of Urchart, Sir Walter of Innes dominus ejusdem obtained a transumpt of the two charters of John Hay of Tulibothvil, printed above (pp. 60, 61), in presence of a venerable man, John of Bonale, prior of Urchard, Bartholomew a monk, John, son of Alan a priest, Alexander of Innes, elder, and John Moderach. Sir Walter is dead at the date of the following precept. The legal antiquary will observe the high style assumed by these Northern Lords, who have their own "Chapel " and chancery, (shall we suppose also their own chancellor ?) in royal manner. Preceptum Johannis domini Lindessay de le Byris ad infeoffandum Robertum de Innes, 1456. Johannes dominus Lindessay de le Byris et de Abbirkerdor dilecto nostro Alexandro Gardin de Herd .... balliuo nostro in hac parte salutem • Quia per inquisitionem de mandato nostro factam et ad capellam nostram retornatam compertum est quod quondam Walterus de Innes de eodem miles pater Roberti de Innes latoris presentium obiit vltimo vestitus et eaisitus vt de feodo ad fidem et pacem domini nostri Regis de vniuersis et singulis terris dominii de Abbirkerdor cum pertinentiis jaceiitibus infra vicecomitatum de Banff • Saluis et exceptis totis et integris terris de Cromby cum pertinentiis ac le karnem de monte castri pro domino Comite Rossie domino nostro superiori et vna acra terre ex parte orientali dicte le karnem pro curiis nostris tenendis jacentibus in dicto dominio de Aberkerdor • Et quod dictus Robertus est legitimus et propinquior heres dicti quondam Walteri patris sui de dictis terris cum pertinentiis et quod est legittime etatis Et quod dicte terre cum pertinentiis de nobis tenentur in capite per wardam et releuium Vobis igitur precipimus et mandamus quatenus ad dictas terras cum pertinentiis personaliter accedentes prefato Roberto vel certo suo actornato latori presentium sasinam statum et possessionem hereditariam de premissis terris cum pertinentiis visis presentibus tribuatis indilate exceptis prius exceptis ac saluo Sure cuiuslibet ut mos est In signum vero dicte sasine per vos eidem tradite Sigillum vestrum post nostrum in secunda cauda presentibus penes prefatum Robertum remansuris apponatis Datum sub stgillo nostro apud le Byris decimo quarto die mensis Julii anno Domini millesimo quadringentesimo quinquagesimo sexto. The next precepts show us Sir Robert now dead, and succeeded by his son James, whom Forbes found named in the old pedigree 'James with the beard." Preceptum Sasine Jacobi de Innes, 1464. Alexander comes de Huntle dominus de Badzenach Dilecto nostro Andree balliuo nostro in hac parte Salutem Quia per Inquisitionem coram nobis factam et ad capellam nostram retornatam compertum est quod Robertus de Innes de eodem pater quondam Jacobi de Innes latoris presentium obiit vltimo vestitus et saisitus de feodo ad pacem et fidem domini nostri regis de terris de Rothmakingny le meirek donymede le newmill le brekan baddinspink le ordingis et de le brokburn cum pertinentiis jacentibus in foresta nostra de Boyne infra vicecomitatuni do Banf et quod dictus Jacobus est legittimus et propinquior heres eiusdem quondam Roberti patris de dictis terris cum pertineutiis Et quod est legittime etatis Et quod dicte terre cum pertinentiis de nobis tenentur in capite Vobis igitur precipimus et mandamus quatenus predicto Jacobo Innes aut suo certo actornato presentium latori sasinam statum hereditarium et possessionem de dictis terris cum pertinentiis tradatis indilate saluo lure cuiuslibet et hoc nullo modo omittatis Ad quod faciendum nostram liberam et plenariam potestatem presentium committimus per tenorem Et in huius possessions signnm Sigillum vestnim in secunda cauda [post nostrum appendatis]

Datum sub sigillo nostro apud Geich vicesimo quarto die mensis octobris Anno Domini millesimo quadringentesimo sexagesimo quarto coram his testibus Georgeo le Gordon filio nostro et herede apparente Dominis Waltero Stewart de Strathqhen, Alexandro de Dunbar de Westfield Jacobo Ogilvy de • Deskefurde militibus Alexandro Cummy ne de Ernsyde Johanne Bro ... Alexandro Seton de Meldrum .... Precept of Seisin in Aberchirder, 1464. John lorde lyndissay of the byris and our lorde of the landis of Abirkerdor liande within the schirefdome of banf till beralde of Innes Johne of Innes andro of Innes and James the barde my balyeis in to that of al and sindry my lordeschip and landis of Abirkerdour wyth tharc pertinens gretyng To yow and ilkane of yow juntly and seuerally ye pass to the cheyf chymmis of the landis of Abirkerdour wyth tharc pertinens and that thir lettres sene I commando and charge but delay / quhilkis landis war vuiquhile Robert of Innes of that ilk knycht fader of James of Innes berar of thir preseutis in the quhilkis the said schir Robert deyt last vesit and sesit as of fee quhilkis is notourly knawyn and at I wate wele and at the saide James berar of thir presentis is lachful and nerrest ar til vmquhile the Baide schir Robert of the saide lands wyth tharc pertineus lyande in the schirefdom of banf And at he is of lachful age / And tharfor yhe gif ande delyuer sesing state and heretable possessione of the said lands quhilkis ar haldyn of me into cheyf Excepand the saide landis of crumby / be erde and stane as maner is to the said James of Innes or his certane attournays beraris of thir presentis • of the releyf and doytcis of the said landis aucht to me in tym bygane I grant me fullely content and payt / the quhilk things to do to you and ilkane of yow juntly and seuerally I gyf and committis my ful fre lachful playn snd vnreuocabul powar in that part be thir presentis. In witness of the quhilk thing to thir my present lettres I haf to hungyn my sele at Edinburgh the first day of the moneth of februar the yer of god lm iiii° sexty and four yeris. To this precept is still appended the beautiful little seal of the granter, who gave the plain fess checque of Lindsay, with the swan's head for crest; and, as yet, without supporters. Preceptum Sasinae terrarum in foresta de Boyne, 1470. Georgius comes de huntle dominus de gordoune et de Badyenacb ac terrarum foreste de boyne et anye dilecto nostro Jacobo ogilvy de deskfurde militi balliuo nostro in hac parte salutem. Quia dedimus et coucessimus hereditarie dilecto consanguineo nostro Jacobo de Innes de eodem omnes et singulas terras de blaremade Baddinspink Rotbmakingny le merreak donymad donyaile perrokburne ordingis cum molendino wlgariter nuncupato le newmyln foreste de Boyne cum pertinentiis jacentes infra vicecomitatum de banf vnacum tota et integra multura et le sukkin tocius foreste nostre de boyne prout in carta nostra dicto Jacobo inde confecta plenius continetur Vobis precipimus et mandamus quatenus dicto Jacobo vel eius certo actornato latori presentium sasinam bereditariam omnium dictarum terrarum et molendini ac tocius et integre multure et le sukkin dicte foreste de boyne cum pertinentiis secundum tenorem dicte carte nostre quam inde babet iuste et sine dilatione babere faciatis et boc nullo modo omittatis saluo jure cuiuslibet Ad quod faciendum vobis in hac parte nostram committimus potestatem et speciale mandatum Et in aignum tradicionis sasine huiusmodi sigillum vestrum in secunda causa post nostrum presentibus appendatis In cuius Rei testimonium sigillum nostrum presentibus apponi fecimus apud Inuernes quinto die mensis Augusti Anno Domini M° quadringeutesimo septuagesimo georg erel of

of hwntle. 

In the Great Seal Registei there is a charter "Jacobo de Innes de eodem" of the lands of Innes, Kelcow and Garbmaw, proceeding on his own resignation made in the King's hands at the castle of Kildrummy, to hold to him and the children of his marriage vrith Janet of Gordon, whom failing to his heirs whomsoever: Edinburgh, 24 Sept. 1470. The next instrument shows us young Alexander receiving a provision, perhaps on the occasion of his father's second marriage. Sasina Alexandri Innes filii Jacobi Innes in annuo redditu 40 mercarum, 1470. In Dei Nomine Anno Incarnacionis Dominice mdlesimo quadringentesimo septuagesimo mensis yero februarii die sexto . . . constitute providus vir Alexander Murrave de Culbardyis balliuus in hac parte specialiter constitutus ut de sue procuracionis mandato fidem fecit per vnam literam procuratoriam in pergamino scriptam sanam et integram sigillatam vero sigillo honorabilis viri Jacobi Innes de eodem Rubea cera alba impressa quam quidem literam idem balliuus michi notario publico infrascripto tradidit perlegendam eandem teuui perlegi et wlgariter exposui Post cuius quidem litere lecturam Dictus balliuus volens mandatis dicti Jacobi bono zelo firmiter obedire tradidit et deliberauit sasinam statum heredetarium et possessionem prouido juueni Alexandro Innes filio dicti Jacobi inter ipsum et Jonetam gordoun procreato vnius annui redditus quadraginta mercarum vsualis monete regni scocie leuandi et percipiendi annuatim de terris de Auchindauera de culny de Romore de corsky de Elrok et de Auchintoule cum pertinentiis jacentibus in dominio de aberkerdor infra vicecomitatum de banf per tradicionem vnius denarii dictumque Alexandrum Innes in realem actualem et corporalem possessionem dicti annui redditus cum pertinentiis iuste induxit et vestiuit saluo iure cuiuslibet nullo reclamante uel contradicente De et super quibus omnibus et singulis nobilis vir alexander gordoune de megmar auunculus dicti alexandri Innes juuenis ac frater germanus magnifici et potentis domini Georgii comitis de huntle a me notario etc. Acta erant hec super fundo dictarum terrarum . . . presentibus honorabilibus prouidis et discretis viris Andrea Done de Ratee Johanne Innes Andrea Innes Roberto Innes georgio gordoune Andrea orde de eodem Johane Done armigeris domino patricio fyfe vicario de Abberkerdor et domino Roberto clerk capellano cum multis aliis ad premissa vocatis pariter et rogatis Et ad maiorem huius Rei euidenciam huiusmodi possessionis et sasine sigillum dicti ballui sasinam tradentis huic presenti Instrumento est appensum Anno mense die et loco supradictis Et ego Johannes kenlok presbiter Brechinensis diocesis publicus etc. We find that Margaret Gordon was dead, and Laird James married a second time, before the end of 1473. Among the numerous lands acquired by Laird James, was the estate of Ogstoun, which had been long the property of a family of the same name. In 1473 (26 October) Alexander Ogstoun of that ilk, had a licence under the privy seal of James III. to sell his lands of Ogstoun in the Lordship of Moray; reserving the orchard and chief chymmis thereof: and he accordingly, with consent of John Ogstoun his son and apparent heir, sold the lands of Ogstoun to James of Innes of that ilk and Margaret of Culan, his spouse, under reversion and with regress on payment of 300 Hid ks on the high altar of the parish kirk of Elgin, after 40 days' warning at the chymmis of Innes—20 December, 1473. James Innes and his wife had seisin of Ogstoun, which was never redeemed, and either by them, or in the next generation, the Plewlands was added to it. Out of these lands and others, bought about 1630-40, from the Inneses of Drainie; and Ettles &c., from Innes of Pethnak, Sir R. Gordon, Tutor of Sutherland, formed his estate of Gordonstouo. Carta de Balmaddis, 1474. Omnibus hanc cartam visuris vel audituris Jacobus Comes Buchquhanie dominus de ouchterhous et baro baronie de grandoune Salutem in domino sempiternam Noueritis nos cum consensu et assensu carissime sponse nostre mergrete ogiluy dedisse concessisse et hac presenti carta nostra confirmasse dilecto et confidenti consanguineo nostro Jacobo Innes de eodem omnes et siugulas terras nostras de Balmaddis jacentes in dicta baronia nostra de grandone infra vicecomitatum de Aberdene Tenendas . . . dicto Jacobo heredibus suis et suis assignatis de nobis et heredibus nostris in feodo et hereditate imperpctuum . . . Reddendo . . . seruitium debitum et consuetum ... In cuius rei testimonium Sigillum nostrum huic presenti carte nostre est appensum vna cum sigillo dicte sponse nostre pro eius consensu apud ouchterhous vicesimo die mensis Januarii anno domini millesimo quadringentesimo septuagesimo quarto. Tack of the Rylande Inchdrewar and Culbirny, 1474. Be it made kend to all men be thir present letteris Ws James Erle of buchane and lorde of ouchterhous and mergret his spous with full consent of ws bathe to hafe set and to male lattin and be thir our present letteris settis and to male lattis to our richt traiste cosing James Innes of that ilk all and hale the half of the landis of the Ryland and all and hale our landis of Inchdreware and Culbirny with thare pertinentis liand within the schirefdome of banf / to be haldin and had all and hale the saidis landis with thare pertinentis to the foresaid James his airis assigneis and subtennandis for al L
the termis of threttein yeris with all fredomis aismentis'commoditeis and richtwis pertinentis to the forsaidis landis pertening or that richtwisly may pertene enduring the said xiii yeris / the forsaid James his airis assigneis and subtenandis interand to the said tak and assedatione of the saidis landis at the terme of Witsonday next . . . Agin payand the forsaid James his airis assigneis and subtenandis yerly ilka yere of the saide xiii yeris to ws our aris and assigneis for the said tak of the saide landis aucht pundis sex schillingis and aucht pennyis of the vsuale money of Scotland at two usuale termis of the yere Witsonday and martimes in winter be eyvinly portionis alanerly for al dewyteis and do seruice and vtheris that may be askit or requirit of the saidis landis with thair pertinentis enduring the forsaidis zeris and termis And we forsuthe the forsaid James erle of buchine and mergret his spous our airis successoris and assigneis the said assedatione of the said landis with thare pertinentis to the forsaid James his airis assigneis and subtenandis in all thingis as forsaid is enduring the said xiii yeris sall warand and aganis al dedly sal leli and trewly defend In witnes of the quhilk things our Seillis to thir our letteris ar appensit at ouchterhous the xvii day of Januare the yere of god Im iiii° sevinty and four yeris. The lands of Inchdrewar and Culbirny, previously held in lease, were now bought. The Earl granted other lands in warrandice of them—provido et honorabili viro Jacobo de Innes de eodem amico nottro confident. Acquietancia domini comitis de huchane et spouse eius. Be It kend till al men be thir present lettres Ws James erle of buchane lorde of ochterhous gret chawmerlane of scotlande and wardane of the myddil merche fornent Inglande til have taen and Ressauit and be thir oure lettres with consent and assent of mergret Ogilby oure spous grantis ws til have had and in cure vis disponit the some of aucht score of merkis of the vsuale money of scotlande pait til ws in Reddy pennis be the handis of James of Innes of that ilk in the Reste and Remanis of a mare some quhilkis the said James was awande til ws for the bying of the kndis of Inchdrure and culbirny quhilkis sumtyme pertenit til Ws in heretage lyande within the schirefdome of banf and als for the bying of the landis of Rylande lyande within the said schirefdome quhilkis pertenit sumtyme til ws in heretage of the quhilk some of aucht score of merkis we grant ws weil content pait and assitht he the said James of lnnes And therof for ns oure aris exeentouris and assignais the said James of Innes his aris executouris and assignais quitclames and dischargis four euer be thir oure lettres In witness of the quhilk thing to thir oure lettres we haue gert affix oure Sele And for the mare sikkernes has subscriuit with oure awne hand And in like wis the said merget oure spous in witnes of her consent and assent has gert affix hir Sele at Ochterhous the V day of the moneth of merche the yere of our lorde Im iiiic sevinty and sex zeris before thir witnes master James Stewert persone of strowane schire henry knoys thom the bard Alexander esok and John Duncansone with divers vtheris. Next in order of date we find a seisin in favour of James Innes of that ilk upon a precept by Alexander Gordon of Nathirdule and Megismate, in the lands of Crannacht, in the lordship of Nathirdale, sberiffdom of Banff, 12 March, 1479. The witnesses, David Orgiluy of Thomad, John Cumyn, son and apparent heir of Alexander Cumyn of Ormshad, Master Patrick Innes, Patrick Chane, Alexander Mill, Sirs Alexander Couper, and John Modrar, chaplains, Robert Dalaquhy, notary. Then comes a contract of inordinate length between an honourable man, William Mcldrum of Fyvie, and James Innes of that ilk, for marriage to be made between George Meldrum, son and apparent heir of Fyvie, and Elizabeth, daughter of Innes, gottin betwixt him and Janet of Gordone. The lady'? toqher is, ,700 merks, payable in the pariche kyrk of Auchterless at the hee.ajtar. Fyvie is to give the young couple in conjunct feftment his lands of Petkary, in the sheriffdom of Kincardin. Anything in this endenturis dowtwys to. be corrected and fulfilled be the awys and counsaile of Master Gilbert Hay; of Ure, Master John Lione, Master Adam of Gordon, person of Kynkelle, and Alexander Mowat of Loschragy, or ony three, or two of them. The parties are bound to each other leillely and trewly be the faythis in thair bodeis, but fraude or gyille, the haly ewangelle twechit, the gret ayth sworne, in presens of .noble and mychty lordis George, erle of Huntle, Williame, erle of Erroile, Schir James, Ogylwy of Desfurde, Master Gylbert Hay of Ury, Master John Done, Walter Ogylwy of Auchlewyne, Williame of Keith, son and apperand. ayr to Sir Gylbert of Keyih of Erugy, and Alexander Mowat of Losahragis. Done at Fyvie, in the lower chamber, 3 May, 1481. .Witnesses to the, Notary's execution, Walter Berclay, son and heir apparent of John Berclay of Tolly, Robert Gordoun of Uthauch, and Berald Innes in Meilris. It is worth noting that John Duff, burgess of Culane, disponed to Laird James the lands of Mawdavat, in the shire of Banff; dated at Elgin, 13 March, 1481. (Reg. Mag. Sig.) Our historian tells us that "James laird of Innes was possest of a great estate in Buchan." We see that he had olher lands, and was indeed a great proprietor. Married to Huntly's daughter, "cousin" of the Earl of Ross, "cousin" and trusted friend of the great lord the Earl of Buchan, the King's uncle— this Laird of Innes was a person of consequence, and worth winning for the King's party, when hard beset by the great faction of nobles who put the young Prince at their head, and called themselves the Prince's party. From the word Armigervm, it would seem that the Laird held some office about the King's person in the field. Alexander, the young laird, was apparently in the service of the King (James III.) along with his father. The Register of the Great Seal records a crown charter dilecto familiari servitori nostro Alexandra Innes filio Jacolri Innes de eodem, of (the superiority of) the lands of Aberkirdour and Cromy, proceeding on the resignation of David Lord Lindesay of the Byris, and, failing Alexander and his children, to Robert, William, George, and James, his brothers german, and their children in succession, whom all failing, to James their father and his heirs whomsoever. Dated at Edin., 6 Nov., 1487. The same king also granted dilecto familiari servilori nostro Alexandra Innes jilio dilecti armigeri nostri Jacobi Innes de eodem, pro singulars favore quern gerimus erga evndem Alexandrum,—the fishing of one net—piscationem unius rethis—in Spey, called the currach-net of Garmach, to hold of the Crown for the reddendo of a penny silver. Edin., 20 March, 1487. The following charter, granted by King James III. in reward for past services, and to secure the adherence of the Laird of Innes to the royal banner, never had effect. The "field of Stirling," (St. Barnabas' day, 11 June, 1488), in which the unfortunate King fell, terminated the service of the Laird of Innes; and the Act Rescissory which followed immediately upon the young King's coronation, annulling all such grants made by the late King since the 2 February preceding, threw the lands here granted again into the King's lands. Pinkerton says, "Innes of Innes eminently distinguished his valour" on the King's side, at the skirmish near Blackness, which was fought some time before the fatal field of Stirling. Perhaps he had no other foundation but this charter. It may be observed that the lands granted were of the rental-lands of the Earldom of Moray, then in the Crown. They were afterwards bestowed on other parties, and most of them went as a provision to the King's son, James, Earl of Moray, and his mother, Jean Kennedy, whom his Majesty established at Darnaway. Carta Jacobi III. data Jacobo Innes armigero Regis, 1488. Jacobus dei gracia Rex Scotorum probis hominibus totius terre sue clericis et laicis Salutem Sciatis Nos pro fideli gratuitoque seruitio nobis per dilectum nostrum Armigerum Jacobum Innes de Eodem temporibus retroactis multipliciter Impenso Et presertim nunc cum suis seruitoribus et amicis in exercitu nostro apud Blaknes sub nostro vexillo in defensione nostre persoue Regie et corone Et xjro suis seruitiis nobis futuris temporibus Impendendis Eidem Jacobo dedisse concessisse et hac presenti carta nostra confirmasse Omnes et singulas terras nostras de Walkmyltoun le haltoun de lambride le blakhillis et le halch de depill cum suis pertinentiis Jacentes in dominio nostro morauie infra vicecomitatum nostrum de Elgin Que terre cum pertinentiis uunc extendunt in nostro Rentali ad summam viginti librarum. Tenendas et habendas omnes et singulas predictas terras de Walkmyltoun le haltoun le lambride le blakhillis et le halch de depill cum pertinentiis prefato Jacobo Innes de eodem et heredibus suis de nobis et successoribus nostris in feodo et hereditate imperpetuum Per omnes rectas meta.s suas antiquas et diuisas prout Jacent in longitudine et latitudine In boscis planis siluis virgultis viridariis moris meresiis viis semitis stagnis Riuulis pratis pascuis et pasturis molendinis multuris et eorum sequelis Aucupationibus venationibus Piscationibus petariis turbariis carbonariis lapicidiis lapide et calce fabrilibus brasinis et genestis Cum curiis et earum exitibus herezeldis bludewitis marchetisque mulierum cum communi pastura libero introitu et exitu Ac cum omnibus aliis et singulis libertatibus commoditatibus proficuis et asiamentis ac Justis pertinentiis quibuscunque tam non nominatis quam nominatis procul et prope ad dictas terras cum pertinenciis spectantibus seu Juste spectare valentibus quomodolibet Infuturum Libere quiete plenarie integre honorifice bene et in pace sine quocunque Impedimento Reuocacione aut contradictione nostri vel successorum nostrorum quorumeunque quouismodo inde faciendo Infuturum Reddendo inde annuatim dictus Jacobus Innes et heredes sui nobis et successoribus nostris tres sectaa ad tria placita capitalia curie vicecomitis de Elgin ac Wardaa Releuia ac maritagia dictarum terrarum cum pertinentiis cum contigerint Prouiso etiam quod dictus Jacobus Innes nobis fideliter deseruiat et quod nobiscum pro toto tempore Instantis discordie cum suis seruitoribus commoretur et Remaneat In Cuius Rei testimonium presenti carte nostre magnum Sigillum nostrum apponi precepimus Testibus Renerendis in Cristo patribus Willelmo Episcopo Aberdonensi cancellario nostro Andrea Episcopo Morauiensi Auunculo nostro Dilectis nostris Consanguineis Dauid comite de Craufurde Domino Lindesay magistro hospitii nostri, magno camerario nostro, Dauid Domino Lindesay de biris, Alexandro Domino Kilmavris, Alexandro Domino Forbes, Johanne Domino Carble, Et Domino Alexandro Scott Rectore de Wigtoun Clerico nostrorum Rotulorum et Registri Apud Edinburgh vicesimo quarto die mensis Maii Anno Domini Millesiiuo Quadringentesimo Octuagesimo octauo Et Regni nostri vicesimo quarto. After this charter, in the beginning of the Edingicht copy of our History, is the following note, which has misled some antiquaries—" Note. A few dayes after the date of this charter, both James the Third and this James, Laird of Innes, were killed at the battle of Bannockburn." The following charters sufficiently disprove the latter part of the assertion. Preceptum Sasinae Margaretae Culane, 1489. Jacobus Innes de eodem dilectis meis Andree Culane Jacobo Innes in le Myltone Villelmo Innes et eorum alteri coniunctim et diuisim balliuis meis in hac parte irreuocabiliter constitutis Salutem. Quia dedi et concessi pronide mulieri Mergarete Culane pro toto tempore vite sue Omnes et Singulas terras meas de knokbrocht moneddy corsquhi darmaster cum suis pertinentiis Jacentes in baronia de abyrkerdore et infra vicecomitatum de banf prout in carta mea desuper confecta plenius continetur Vobis igitur et vestrum alteri coniunctim et diuisim precipio do in mandatis et firmiter mando quatenus dicte mergarete aut suo certo actornato vel procuratori latori presentinm statum saisinam et hereditariam possessiouem omnium dictarum terrarum tradatis et deliberetis aut vnus vestrum tradat aut deliberet visis presentibus indilate secundum tenorem carte mee inde sibi confecte Saluo iure cuiuslibet Ad quod faciendum vobis et vestrum cuilibet coniunctim et diuisim meam plenariam et irreuocabilem tenore presentium committo potestatem Et in signum vero huiusmodi sasine et possessions per vos tradite aut alterum vestrum traditarum Sigillum vnius vestrum in secunda cauda post meum presentibus appendatis Datum sub sigillo meo apud elgin septimo die mensis Maii Anno domini millesimo quadringentesimo octuagesimo nono. Preceptum sasinae Alexandri Innes, 1491. Georgius Comes de Huntle dominus gordon et. de badyenach • ac terrarum foreste de Bown et anye dilectis nostris Roberto Innes in Dreny Johanni Innes in dorlaw magistro Jacobo Innes in mylton roberto Innes in ynchdrevyr et Johanni thoaris nostris in hac parte balliuis coniunctim et diuisim Salutem Quia dedimus et concessimus hereditarie dilecto nostro Alexandro Innes filio Jacobi Innes de eodem genito inter dictum Jacobum et Jonetam Gordon sororem nostram omnes et singulas terras de blarmad baddinspink rathinet yngnyenerab danymad vnyall perrokburn ordingis cum molendino wlgariter nunenpato le nevmyl foreste de bown cum pertinentiis infra vicecomitatum de banf • vnacum tota et Integra multura et le sukin totius foreste nostre de bown prout in carta nostra dicto Alexandro exinde confecta plenius continetur • Vobis igitur et vestrum cuilibet coninnctim et diuisim precipimus et mandamus quatenus dicto Alexandro uel eius certo actornato latori presentium sasinam hereditariam statum et possessionem omnium et singularum predictarum terrarum et molendini ac totius et integre multure ac le sukin dicte foreste de bown cum pertinentiis secundum tenorem dicte carte quam inde habet iuste et sine dilatione haberi faciatis et hoc nullo modo omittatis saluo Jure cuiuslibet Ad quod faciendum vobis et vestrum cuilibet coniunctim et diuisim nostram in hac partc committimus potestatem et speciale mandatum In signum vero huiusmodi sasine tradicionis sigillum vnius vestrum sasinaui dantis secunda cauda post nostrum presentibus appendatis penes predictum saisitum perpetuo remansuris • In cuius rei testimonium sigillum nostrum presentibus est appensum Apud Lunchordynrec octauo die mensis septembris anno domini millesimo quadringentesimo nonagesimo primo.

Instrumentum Resignationis terrarum de Abirkerdor, 1491. . . . Anno ab incarnatione domini millesimo quadringentesimo nonagesimo prime mensis vero maii die vltima . . . venerabilis vir magister Adam gordon precentor morauiensis ecclesie cathedralis vocatus rogatus et requisites ac per me notarium infrascriptum petitus et receptus in testimonium Resignationis terrarum de abirkerdouer cum pertinentiis et Cromdy suis cum pertinentiis universis jacentium infra vicecomitatum de Banff per nobilem virum Jacobum Innes de eodem prouido et honorabili viro Alexandro Innes prefati Jacobi filio et in ipsius Alexandri manibus tamquam ipsarum domini superioris facte super [qua] nota per dictum Alexandrum de huiusmodi Resignationis testimonio a me notario predicto petita fuerat Qui quidem magister adam precentor super ipsius vocatione rogatione requisitione et petitione necnon testimonii perbibitione ct ipsius in huiusmodi resignationem presentia ... a me notario publico infrascripto vnum vel plura instrumentum vel instrumenta fieri petiit Acta erant hec apud castrum de Innes Presentibus ibidem Thoma fraser filio nobilis domini hugonis fraser domini de louet Willelmo dumbrek de birmoktyet Jacobo Innes in mylton cum diuersis aliis testibus ad premissa vocatis pariter et rogatis. Et ego Donaldus Thome presbiter morauiensis dioceais publicus etc. Carta data Alexandro Innes, 1491. Omnibus hanc Cartam visuris vel audituris Jacobus Innes de eodem Salutem in domino sempiternam Noueritis me dedisse . . . dilecto filio meo Alexandro Innes omnes et singulas terras meas de mavdavat cum pertinentiis jacentes infra vicecomitatum de banf pro carnali dilectioue quam erga prefatum Alexandrum gero Tenendas et habendas totas et integras terras meas prenominatas dicto Alexandro Innes et heredibus suis de corpore suo legitime procreandis quibus forte deficientibus Roberto Innes et heredibus suis de corpore suo legitime procreaudis quibus forte deficientibus Yilhelmo Innes et heredibus suis de corpore suo legitime procreandis quibus forte deficientibus Georgio Innes et heredibus suis de corpore suo legitime procreandis quibus forte deficientibus Jacobo Innes et heredibus suis de corpore suo legitime procreandis quibus forte deficientibus Thome Innes et heredibus suis de corpore suo legitime procreandis quibus forte omnibus deficientibus veris legitimis et propinquioribus heredibus meis quibuscunque de supremo domino nostro in feodo et hereditate in perpetuum . . . Reddendo inde annuatim . . . seruitia debita et conaueta . . In cuius rei testimonium sigillum meum presentibus est appensum apud Innes secundo die mensis Anno Domini millesimo quadringentesimo nonogesimo primo Coram hiis testibus Roberto Innes in dreni domino donaldo thome notario publico domino alexandro Vilhelmi capellano Alexandro stevart allano tulloch thoma panton armigeris cum multis aliis. Laird James, "James with the beard," the first of the family whom we find in public and political life—he was one of the Lords in his unhappy master's last Parliament (1487)—did not live long after the preceding charter. His second wife, Margaret Culane, survived him, and had some differences with her step-son, Laird Alexander, about her dowery lands and "gudis of houshald," and also about the custody of her son James, who, she alleged, was held in subjection by his brother, and whom the Lords of Council ordained to be put at liberty and freedom "sa that he may commoun with his moder and frendis. (Ada Auditorum, 26 June, 1493.^ James with the beard quartered the boars' heads of Aberchirder with his paternal coat of Innes, as his descendants continued to do. His precept in favour of Margaret Culane (7 May, 1489) is sealed with this seal— [graphic] The first transaction in which I find the young laird engaged after his father's death, is a very solemn perambulation of marches (the submission, of date 5 Dec., 1492) between his lands of Aberkirdor, and the lands pertaining to the benefice of Master Alexander Symson, vicar of Aberkirdor. The "Assisors of perambulation " chosen by them—by Alexander Innes, lard of that ilk, with our Soverane lord's consent, and by the vicar with the consent of the Bishop of Moray, and of the Abbot and convent of Arbroath, (the impropriators)—were Schir James Ogiluy of Deskfurd, knycht, Wilyam Meldrum of Fywe, Waltir Ogiluy of the Bowne, Valtir Barclay of Towe, Patrick Bissat of Lessindrome, Alexander Murray of Culbarde, George of Abernethy, Johne Curror of Durne, Thomas Bard of Ordinhuf, Patton Thayn the aid viccar of Innerkethny, Alexander Hill, Finlai Monedy, Robert Finlais broder, Thorn Hill, Androw Tait, Will Clerk, Syme of Corsque, John Wilson, Donald of Carnosy, and Jok Neill," who were to be sworn to do justice on the firter of St. Mernane; and, although the laird was contumacious and absent, they gave judgment on their great oath in presence of "the glorious head,"—capite Sancli Marnani presente—with all solemnity on the 11 day of April, 1493. The perambulation is recorded in the Registers of the Bishopric of Moray and of the Abbey of Arbroath. In the Register of the Great Seal there is a crown charter to Alexander Innes of that ilk, and Cristina Dunbar his spouse, of the lands of Cromy, Ardmali, Tulidowne, and Romore, in the lordship of Aberkirdour, resigned by himself, 3 Feb., 1493. A charter of King James IV., given at Inverness, 24 Jan., 1497, confirming a disposition by Beatrix Dunbar of Cremond to Alexander Innes of that ilk, (I suppose she was of kin to Christian, Laird Alexander's wife,) of Kilmalaymak, Petgony, Dunkempty, St. Andrews Kirktown, and Barflathills—is among the papers of the Inneses of Leuchars, which they have kept perhaps all the more carefully, that they could not keep the lands. Beatrix's charter is dated at Bogingour, 4 Sep., 1497, and is witnessed by Thomas Hay, her son. (The great barony of Kilmalemak came, I suppose, through the heiress of De Moravia to the Douglases, in whose hands it was in 1426 (Great Seal Reg.) After their forfeiture, we find it the property of John Dunbar of Creichmunpark, knight, and on his resignation, Beatrix Dunbar, (his daughter ?) and her husband, Master Gilbert le Hay of Ury, had seisin of it on a Crown precept, 1 March, 1472. At that seisin, a noble man, Alexander Dunbar of Westfield, knight, was Sheriff, James Douglas of Pedindreich and George Hart were attorneys for the Hays, and Alexander Fauconer, lord of Hakarton and baron of Lethine, John Froster, Alexander Fauconer, and Thomas Collie, mair, and George of Dunbar, witnesses. The investiture was given at St. Andrews kirktown. In 1499, Alexander Innes of Innes granted many lands to his brother of the full blood, Robert of Cromy, Rothmakenzie, &o. One gift of Cromy and Tulysoff in the barony of Aberkirdour, is confirmed by crown charter, in the Register of the Great Seal (1 June, 1499); and in our charter chest is a precept for infefting Robert in Germow, Corsky, and Newton of Innes, in real warrandice of those Aberkirdour lands. An instrument is preserved in our charter chest, of the resignation of Rothmagunze, Newak, Brakanhills, Dunnymade, half of Newmills, Lantais croft, and Femyiscroft, in the forest of Boyne, made by Laird Alexander, in the hands of George Earl of Huntly, the superior, and of new infeftment given to Robert, brother german of the said Alexander, at the Castle of Strathbolgy, 13 April, 1499, witnessed by James Ogilvy of Deskfurde, John Ogilvy of Fingaske, knights, William Fraser of Strathirdy, Patrick Gordon of Melike, and Robert Gordon of Udaacht. Contract between Cromy and Gilbert Hay, A.D. 1503. Thir Endentouris maid at Elgin the xv day of September the yere of God jm v° and thre yeris beris witness in the selffthat it is appontit aggreit and fynaly concordit betwix honorabill men Robert Innes off Crommy bruther german to Alexander Innes of that ilk on that ane pairt and Master Gilbert Hay on the tothir part in maner form and effect as efter followis that is to say forsamekle as the said Master Gilbert is oblist and be the tenor of this write obleissis him for him his airis executouris and assigneis till upgeiff all rycht and clame of rycht propirte and possession quhatsumevir that he hes of the landis of the barony of Kilmalamak that is to say Petgony Sanct Andros Kirktoun Barflathillis and Dumkempty and of the landis of Cottis and sall geiff to the said Robert Innes charter sesing and letters of assedatioun in the stratest forme can be devisit be the said Robert and till utheris of Summoundis decretis apprissings and process that the said Master Gilbert hes of the saidis landis and als Maister Gilbert obleissis him to causs apprise on his expenssis ten merkis worth of land of the said Alexander Innes laird of that ilk quhair the said Robert Innes will devise it and sall mak the said Robert Innes assignit tharto at the apprysing tharof . . . ffor the quhilkis ourgeving of rychtis contracts bandis chartour sesingis and process . . . the said Robert Innes of Crommy is obleist faithfully be the tenor of thir presentis to content and pay to the said Master Gilbert his aris executouris and assignais the soume of sax hundretht merkis gude and usualle money of Scotland . . . and the said Robert Innes sall infeft the said Master Gilbert be chartir and sesing in ten merkis wortht of land within Buchan gevand ten merkis of maill The said Master Gilbert gevand reversioun sufficeand to the said Robert Innes or quhom to it pleissis him causs it to be maid quhare quhattyme the said Robert Innes his airis . . . sall content and pay to the said Master Gilbert his airis . . . twa hundretht markis upone ane day of gude and usuall money of Scotland vppoun the hye altar of the kyrk of Cremond . . . And the said Robert Innes sall content and pay to the said Maister Gilbert at the making of this write the soume of ane hundreth merkis of the soume forsaid and athir of the sadis parteis hes subscriuit thir endenturis inter changeibilly with thair handis day yeir and place foirsaids befor thir witnessis Schir Archibald Duff Schir Robirt Fleschour Chaplaynis robbe Jamesoun and Schir Donald Thomsoime notar publict • Robert Innes with my aune hand • Magister Gilbertus Hay manu propria. A Crown charter, dated at Edinburgh, 18 June, 1507, confirms a charter of William Sutherland of Duffous to Alexander Innes of that ilk, of the lands of Brechmond, in the shire of Nairn, 14 June, 1507. And a Crown charter to Alexander Innes son and apparent heir of Alexander Innes of that ilk, of the lands of Dunbeith, Raa, and Sandside, in the sheriffdom of Inverness, (now Caithness) resigned by Malcolme Culquhone of Dunbeith,— Edin., 8 Aug., 1507—is the first charter evidence I have seen of the Innes possessions in Caithness. Matters did not go smoothly between the cousins. On 9 March, 1513, we have a decree of the Lords of Cause?, cassing and annulling an apprysing led upon the lands of Drumkynty and St. Androis kirktoun—as the lands of Alexander Innes of that ilk—for 400 merks, 200 merks, and £40 due by him to Mr. Gilbert Hay as assignee to Beatrix Dunbar of Crechmund his mother, because the lands pertained heritably to Alexander Innes of Dunbeath, [the Laird's son] who was at the time of less age (7 years old.) Here may be mentioned a tack of two coble fishings in Spey, set by Robert the Prior and the convent of Pluscardin, to Robert Innes of Rothmakenzie and others, dated Oct. 22, 1508. It bears to be granted for service and defence done to the Abbey, especially in removing of robbers, and for providing twa tabernakils in the Abbey, that is to say, ane at the hie altar, and ane other to our Lady—both made in Flanders. This tack is in the charter room at Duff-house.

The three retours here thrown together which have been used for connecting the Hays with the inheritance of Beatrix Dunbar, are of interest now, as preserving the names of the available persons ready to meet at the summons of the Sheriff of Elgin, and to share in the hospitality of the heir "served and retoured," perhaps in a favourite tavern in the town. Inquisitio retornata Wilhelmi Hay de Ury in annuo reditu de Kilmalamak. A.D. 1610. Hec inquisicio facta fuit in pretorio burgi de Elgin duodecimo die mensis Aprilis anno domini millesimo quiugentesimo decimo Coram honorabili viro Jacobo Dunbar de conze vicecomite deputato de Elgin et fores per hos honorabiles viros videlicet Alexandrum Innes de eodem Willelmum Suderland de duffous Alexandrum Cuming de Altre Johannem Cuming de erinshed Willelmum Dunbrek de barmikity Robertum Inues de Rothnakenze Alexandrum Cuming filium et heredem a'pparentem dicti Alexandri Cuming de altir Willelmum Wrchard de schirefmyll Jacobum Ketht fratrem Willelmi Ketht de Inuervgy militis Willelmum Thomson Johannem Robertson Willielmum Hay burgenses de Elgin Patricium Dunbar Thomam Rynd Thomam Innes in balmacoule Jacobum Innes et baralum Innes in cokistoun Qui jurati dicunt quod quondam Beatrix Dunbar mater Willelmi Hay de vry latoris presentium obiit vltimo vestita et sasita ut de feodo ad pacem et fidem supremi domini nostri regis de vno annuo redditu quadraginta mercarum vsualis monete scocie de omnibus et singulis terris et baronia de kilmalamak cum pertinentiis videlicet petgouny sanctandrois kirktoun bareflathillis et dumkempty jacentibus infra vicecomitatum de Elgin annuatim de eisdem terris et baronia cum pertinentiis exeunte et leuando Et quod dictus Willelmus est legitimus et propinquior heres .... Inquisitio Andree Hay, A.D. 1513. Hec inquisitio facta fuit in pretorio burgi de Elgin decimo septimo die mensis Februarii anno domini millesimo quiugentesimo decimo tertio Coram honorabili viro Jacobo Dunbar de Connze vicecomite deputato de elgin et fores per hos honorabiles viros videlicet Johannem Cuming de erinshedde Robertum Jlurra de fochabris Georgium Leslie in Rothes Johannem Dunbrek de vrcane Willelmum Innes in sanctandre kirktoun Alexandrum brody de erevin Jacobum tullacht alexandrum nicholson thomam donaldison Willelmum Douglas Johannem terres Johannem Sutherlande dauid thome Willelmum Thome Willelmum haye Jacobum syme et Willelmum runseman Qui Jurati dicunt quod quondam Willelmus Haye de Wry pater Andree Hay latoris presentium obiit vltimo vestitus et sasitus ut de feodo ad pacem et fidem supremi domini nostri regis de vno annuo redditu quadraginta mercarum vsualis monete scocie de omnibus et singulis terris et baronia de kilmalamak cum pertinentiis videlicet petgony sanctandree kirktoun bareflathillis et dunkympty jacentibus infra vicecomitatum de elgin annuatim de eisdem terris et baronia cum pertinentiis exeunte et leuando Et quod dictus andreas est legitimus et propinquior heres dicti quondam Willelmi sui patris . . . The ratoure of patrick haye of wry of the anwall of kilmalamak, A.D. 1531. Hec inquisitio facta apud burgum de Elgin in pretorio eiusdem Coram honorabili viro Willelmo Gadderar vicecomite deputato Sexto die mensis Octobris Anno domini millesimo quingentesimo tricesimo primo per has Subscriptas personas videlicet Alexandrum Innes de eodem Robertum Innes de Rothmakonze dauid douglas de pettendrecht Jacobum Innes in drane Willelmum Haye de Mayne Gilbertum Hay de kilmalamak Willelmum Doles de budweit Willelmum douglas Johannem Yong Thomam Elder Jacobum Kelle Johannem yong seniorem Henricum Sinculer Et Andream Froster Qui jurati dicunt quod quondam Andreas Haye de ury pater Patricii Hay latoris presentium obiit vltimo vestitus et sasitus ut de feodo ad pacem et fidem Supremi domini nostri Regis de vno Annuo redditu quadraginta marcarum vsualis monete Regni Scocie annuatim leuando de omnibus et Singulis Terris et baronia de kilmalamak cum pertinentiis Et quod dictns Patricius est legitimus et propinquior heres eiusdem quondam Andree patris sui ... Patrick Hay, by James Innes in Reidball, his procurator, resigned the annual, in the King's lands genibus flexis, reverentia qua decuit, at Edinburgh, in the hotel (hospitio) of the Bishop of Dunkeld, 2 December, 1531, in favour of Robert Innes of Rothmakenzie. Most of the seals with which the gentlemen on these Inquests attested the retours are gone or sorely injured. That of Robert Innes of Rothmakenzie or Cromy, the Laird's brother, is preserved entire. Apparently heraldry had not been much cultivated round Elgin, or the local artist, hard pressed for room, thought he did his duty when he made up a blazon of Iniirs and Aberchirdor, by taking a bit of each, in this manner—

[graphic] Lands which came to be of interest at a later period were now acquired by the family. In 1523, 21 April, James, Earl of Moray, sold to an honourable man, Robert Innes of Rothmakenzie, the lands of Redhal), Styne, and Blackhills. The Chartour of the houss of Elgin gifin be Dawyd Massoun and his wyf. [A.D. 1522.] Omnibus Hang Cartam visuris vel audituris Dauid Thome siue Latblmi de consensu et assensu Elizabetht Lawsone sponse mee Salutem in domino sempiternam. Noueritis me vendidisse . . . prouido viro Roberto Innes de Rothtnagenzhe duas perticatas terrarum mearum cum structuris et pertinentiis suis uniuersis mihijure conquestus spectantes contigue jacentes ex parte boriali dicti burgi de Elgyn inter terram dauid Elgyne ex oriente ex una et terram domini tyberii vynchestir ad occidentem psrtibus ab altera extendentes selinialiter a magno domo lapidia noneAlexandro Innes pertinente cum libero introitu et exitu in ague porte eiusdem do in us versus au strum usque ad le deid dreycht siue vicaris croft versus boriam in longitudine et latitudine suis debitis et consuetis . . . pro certa summa pecunie michi integraliter persoluta . . . Incuiusreitestimoniumsigillummeumpropriumpresentibus est appensum apud burgum de Elgin vltimo die mensis fcbruarii anno domini millesimo quigentesimo vicesimo secundo coram hiis testibus honorabilibus viris Willelmo Suthirland de duffous Alexandro Gaderar balliuo Jacobo Innes Willelmo Innes Alexandro hatmakar Johanne Barculay Johanne Murray sergiando et dominis Archebaldo Cunnynghame presbitero Andrea Johannis notario publico et aliis diuersis. A few notes from other charter-chests will help to supply the imperfections of our author's pedigree of Invermarky—leaving it still imperfect. The overthrow of the Douglases (1454) scattered their possessions in the north into many hands. The lordship of Balveny was bestowed upon John Stuart, created Earl of Athol, the son of Joan the Queen Dowager by the Black Knight of Lorn. The Earl's daughter, Elspeth, married Robert Innes of Invermarkie. In the charter-room at Duff-house is— (1) An instrument of seisin on a Crown precept in favour of John 5teuart, son and apparent heir of John, Earl of Athol—in the lordship of Balvany, Bothruvin, Botharie, and Abbirlour, with the castle of Balvany and advowsons of the churches thereof; as resigned by the said Earl, and Elinor Sinclair, his spouse, March 22, 1491. (2) Precept of clare by Alexander, Earl of Huntlie, to Robert Innes, as heir of umquhil Walter Innes of Invermerky, his faither, in the lands of Invermerky. with the mill, Cragnakeroth, Auchinby Elze, Auchinby Torriglass, and Brodland. 15 April, 1502. (3) A Precept of seisin by 'Johannes Comes de Athole ac Dominus de Balvany,' for investing "predilecto fratri meo Roberto Innes de Innermarky," in the lands of Edinglassy and Glenmarky in dominio de Balvany, dated 28 July, 1515. (4) Charter by George, Earl of Huntlie, "dilecto nostro armigero" Robert Innes son and apparent heir of an honourable man, Robert Innes of Invermarky; of the lands of Invermarky, Terreglas, Aucbinbegis, Auchabrok, Lectak, in the barony of Strathbogy, and sheriffdom of Aberdeen, 14 November, 1536. In the charter-room of the Duke of Atholl is preserved a notarial instrument upon the excambion by 'honorabilis vir Joannes Innes filius quondam Roberti Innes de Invermerky,' of his lands of Laochquhy, Pettewayc, with the mill of Petglassy, alias Laochy, Peitbeg, &c., held in feu of the Bishop of Aberdeen, lying within the lordship of Murthlac, and sheriffdom of Banff; for the lands of Auchluncart lying within the lordship of Balvany and sheriffdom of Banff, pertaining to a noble and potent lord, John Earl of Athol. Resignation taken and charter given by Robert Bishop of Orkney, vicar-general of William Bishop of Aberdeen, then being abroad (in remotis agentis) 29 January, 1552. In the Bishop's precept of seisin (idt. Jan.] John Innes is styled "Joannes Innes de Creche." (Three other deeds in the Athol charter-chest, may be here noted, as illustrating Northern charter history, where the investigator might not dream of looking for them. (1) Hugh Fraser, Lord of Lovat, and lord of the third part of Glenelg, grants magnih'co et potenti domino Alexandra de He comiti Rossie, the lands prefate tertie partis mee de Glenelg—tendendas a me. Dated at Inverness, 8 Jan., 1436. The witnesses, Henrico de Weymit, domino Johanne vicario de Kilmorok, domino Patricia de Warlate, Johanne Willelmi, David P ... el Ranaldo Clerk cum pluribus aliis. (2) Instrument taken by James Douglas of Pittendriech, on the resignation of all right or claim to the lands of Clawok and half of Ochtirwrchill, in the earldom of Moray, sheriffdom of Narne, and Cantradown, in the said earldom, and sheriffdom of Inverness, by "nobilis domicella Issabella Suthirland sponsa nobilis viri Alexandri Dunbar de Westfield militis," in favour of Robert Stewart in Abernethy and Margaret Douglas, his spous, penult June, 1486. (3) A precept following thereon, by Alexander Dunbar of Westfield, knight, to invest Robert Stewart of Cullerlis, in the lands of Clawak and half of Ochtirwrchill and Cantraydown. Forres, 6 August, 1486. The following strange proceeding of the Lords of Council shows a state of family matters in this laird's time which our Author was not informed of: it is found in the Record of the Lords of Council, under date, 27 January, 1522-3. Anent the Supplication gevin In be Alexander Innes of that ilk makund mention no how he was in tyme of truble in kin furth of his a win place of Innes be William Sutherland of Duffois Robert Innes of Rothmakenzie Walter Innes of Tulchis and ther complices; and had and deliverit him in keping and fermance to the erle of Cathnes within his castell of Garnygow quhare he yet remanis; desirand lettres in the four formis chargeand the said erle to put the said Alexander to fredom. And becaus the lordis understandis that the said Alexander has bene ane misgidit man prodigus and has waistit and distroyit his landis and gudis without ony resonable occasioune: For the quhilk causis his frie nds tak him and put him in fermance for eschewin of ony forther waistiug of his saidis landis and gudis. And for remeid therof and of the utir destrouctioane of the said N

Alexanderis hous heretagis and landis qvjhUk has bene ane auld honorable hous and done the kingis grace grete service and mony honest folkis cummyn of the samin / Has of thair auctorite interditit and interditis the said Alexander Innes of that Ilk fra all maner of alienacioune of his landis heretages and annuell rentis or ony part thairof and fra setting of the samin in all or in part for langar takkis nor for the space of thre yeris • . . And lettres to be directt making inhibition to all our Souerane Lordis liegis that quha dois or cumis in contrar this interdictioune the, samin salbe decernit and declarit of nane availc and now as than and than as now decernis and declaris the samin of nane availe for euir in tyme to cum for the causis forsaid. Preceptum sasine Jacobi Innes, A.D. 1529. Jacobus dei gratia Rex Scotorum Vicecomiti et balliuis suis de Narne . . . Quia cum auisamento et consensu compotorum nostrorum rotulatoris dedimus concessimus et ad feodifirmam dimisimus hereditarie dilecto nostro Jacobo Innes filio et heredi apparenti Roberti Innes de rothmakinze Totas et integras terras nostras de hillis de hairmure et terras petsundeis landis nuncupatas cum suis pertinentiis jaceutes in dominio nostro de Rosse infra vicecomitatum nostrum de Narne que nullum proficuum uobis aut predecessoribus nostris ullo tempore retroacto ultra hominum memoriam dederunt prout in Carta nostra sibi desuper confecta plenius continetur vobis precipimus et mandamus quatinus dicto Jacobo vel suo certo attornato latori presentium Sasinam dictarum terrarum cum pertinentiis secundum tenorem dicte nostre Carte quam de nobis inde habet juste haberi faciatis et sine dilationo . . . datum sub testimonio magni Sigilli nostri Apud Striuiling vicesimo quarto die mensis Martii Anno Regni nostri decimo Septimo. The contract betwix the laird of Invermerky and the laird Innes, for the landis of Ogistoun (1535.) At Edinburgh the nynt day of Marche the yeir of God Jm V° and xxxv yers, it is appunctit and finalic aggreit betwix honorable men 'that is to say Alexander Innes son and apperand air to Alexander Innes of that ilk for him self and his said fader and thare aris on that ane part and Robert Innes of Invermerky for himself and his aris on that other part in manner forme and effect as efter followis touching all debatis clames contrauersijs, and in speciale auentis the landis of Ogstoun Plewlandis and airschip of Innes That is to say the said Alexander sall produce and deliver to the said Robert all contrakis euidentis and documentis that he or his fader hes of the saidis landis of Ogstoun • and Plewlandis and in speciale the Reversioun maid be James Innes of that ilk to the aris of Ogstoun and als the contract maid betwix the said Alexander Innes of that ilk and Sir Adam Hepburn gif the said Alexander Innes younger can gett the samin to deliver And als sall renunce and ourgeve all title and clame of rycht that his said fader or he hes or may have in and to the saidis landis of Vgstouu and Plewlandis and sall do his extreme diligence to help the said Robert to be surelie infeft in the landis of Ogstoun and Plewlandis of our soverane lord vpoun the said Robertis expensis For the quhilkis the said Robert Innes sall deliver to the said Alexander all euidentis documentis charteris and instruments that he hes or may have be deces of James Innes of that ilk and James Innes his soun exceptand the charteris and evidentis of Ogstonnand Plewlandis And sall resignerenunce and ourgeve in favouris of the said Alexander Innes younger theapprisit landis gif ony be within the manys of Innes with all rycht and kyndnes of landis heretage and areschip gudis charteris documentis instruments and cuidentis that the said Robert hes or may pertene to him any manor of way throw deceis of the said umquhile James Innes of that ilk and James his soun to be peceablie broukit and joisit be the said Alexander as he sall think expedient notwithstanding ony rycht quhilk the said Robert hes or may clame to the samyn be ony maner of way in tyme bigane / and attnur the said Robert sall infeft the said Alexander and his airis in all and haill the landis of Crannocht with the mylne thereof and their pertinentis be chartor and sesing to be haldin of our souerane lord or be resignatioun in oure souerane lordis handis as the said Alexander pleissis or thinks it best vpoun his expensis And the said Alexander be thir presentis grantis him to have ressauit fra the said Robert attour the premisses the soume of iiij" li. money of this realme quhilk the said Robert gevis to him for the causis forsaidis And als the said Robert sall warrand the saidis landis of Crannocht with the mylne and pertinentis thereof at his sounis handis to the said Alexander and gif neid be to caus him to resignne renunce and ouregif the samin in favouris of the said Alexander and his airis • And mair attour the saidis Alexander and Robert sall stand in hartly kyndneas and ather of thame renunces dischargis and geves cure to vtheris all maner of accionis clames debatis rychtis and juris that athir of thame or thair airis hes or may clame aganis vtheris for ony accionn or caus bigane vnto the day of the dait heirof exceptand the fulfilling of the punctis of this present contract ... In witness heirof baith the saidis parteis hes subscriuit this present contract with thair handis day yeir and place forsaidis Before thir witnesses Alexander Priour of Pluscardin Maister Johne Innes persoun of Kirkmichaell Patrick Doddois Maister Henry Laudar Maister Johne Lethame and Thomas Mavane with vtheris diuers. Alexander Innes of Pladdis discharge of the third part landis of Rothmakenzes. [1536.] In dei nomine Amen per hoc presens publicum Instrumentum Cunctis patcat euidenter quod anno Incarnationis dominice millesimo quingentesimo trigesimo sexto mensis vero Martii die decimo Indictione decima pontificatus Sauctissimi in Christo patris et domini nostri domini pauli diuina prouidentia pape tertii anno tertio In mei notarii publici et testium subscriptorum presentia personaliter constitutus honorabilis vir Alexander Innes films honorabilis viri Roberti Innes de Rothtnakenze secundo genitus suis commodo et utilitate undique preuisis Ac etiam quod Jacobus Innes frater dicti Alexandri ac heres apparens dicti Roberti obligauit se dicto Alexandro ad infeodandum dictum Alexandrum in tantis terris tanti valoris sicuti tertia pars terrarum de Rothtnakenze In qua dictus Alexander nunc infeodatus existit per obitum dicti Roberti prout in quodam contractu inter eos desuper confecto latius continetur Totam et integram tertiam partem dictarum terrarum de Rothnakenze cum suis pertinentis In manibus dicti Roberti Innes eius patris et domini sui superioris earundem Resignauit suam Cartatn preceptum et Instrumentum Sasine que inde habuit cancellanda exhibuit presentibus ibidem honorabilibus viris Jacobo Innes filio et apparente herede dicti Roberti Jacobo Innes in Luchcris et domino villelmo Thome capellano cum diuersis aliis testibus. Act off the lordis anent the arbitrall decreit betwix the lard Innes and Rothnakenyie. [1538.] At Edinburgh the xii day of December the yeir of God M V° xxxvii yeris We Robert Abbot of Kinloss Mastir Henry quhite dene of brechin Haister James foulis of Colintoun clerk of registir Haister Adam Otterburn of reidhall knycht advocat to our Souerane Lord and Maister thomas ballinden havand referryt to ws be Alexander Inneiss Sone and apperand auto Alexander Inneiss of that Ilk on that ane part and James Innes sone and apperand air to robert Inneiss of Rothnakenze on that uther part To decyde and declair the poyntis debatabill and obscuir contenit in ane decrete arbitrale maid betwix the saidis partiis off the dayt At Edinburgh the xxiiii day of November the yeir of God M V° and xxxiii yeris . . . First tuiching the heretabill infeftment to be maid be the said Alexander Inneis of that ilk of the haill landis of Garmacht Newtoun and Corsky concontenit in the said contract and efter the tenour of the samyn That the saidis Robert and James his sone sall resing the twa part of the saidis landis of garmaht in our Souerane Lordis handis in favour of the said Alexander Inneiss of that Ilk and his airis And the said Alexander and his airis sall betwix this and the feist of the purificatioun of our lady in the yeir of God M V° xxxviii yeris redeme and quyte out the saidis landis of Corsky quhilkis wer analyit be the said Alexander under reuersioun contenand the soume of Sex Scoir of merkis And the saidis Robert or James or thair aris sall redeme the foresaidis landis of Newtoun with the pertinentis annaliit be thame under reuersions contenand the sume of xii Scoir of merkis within the tyme foresaid The said Alexander or his aris first deliverand and payand to the saidis robert and James and thair aris the soume of vi Scoir of merkis to the redemptioun thareof and incontinent tharefter the said Alexander or his airis sall infeft the said robert or his aris heretabillie be chartour and seising in dew forme in all and haill the saidis landis of garmocht newtoun and corsky with thair pertinentis to be haldin of him and his airis in fre blanche for ane penny in speciale warandice of the landis of Crome tullysoff brakanehillis and the half landis of new mylne And the saidis Alexander or his airis sall resigne the saidis landis of Crome tullysoff brakanehills and the half landis of New Mylne in his oure lordis handis in fauoris of the said robert or his airis or uther wayis sall gif his Charteris and preceptis of Seising of the saidis landis to be haldin of his oure lord as the said robert best pleissis upoun his expenssis for his securite And how sone itaall happin the said Alexander or his airis to mak the saidis landis of Crome tulysoff in the quhilkis the said robert at this tyme is hereabillc infeft be charter and Sesing haldin of the King's grace And siclyke the saidis landis of brakane hillis and half landis of new mylne in the quhilkis the said robert is heretabille infeft haldand of the erle of huntlie ffre to the said robert and his aris sua that thay may peceabillie brouk and joiss the samyn as thair proper heretage without impediment of courtsie lifrent terce takkis or uther chargeis befor the dayt of the Infeftmentis to be maid as said is of the law than the said Alexr and his airis to have fall and free Regress and Ingress agane in and to the properte of the saidis landis of garmocht newtoun and corsky with thair pertinentis and gif it happynnis thame or ony part tharof to be then wedset or analiit be the said robert or his airis or apprisyt for their dot thai to mak the samyn fre to the said Alexander and his airis to bebroukyt be thame in properte frathynefurtht Provyding all wayis that gif it happynnis the said Robert or his aris to be vexit trublit or inquiet anentis the landis of Crome tullysoff brakanehillis and half of the New Hylne sua that he and his aris may nocht brouk the samyn be the law as said is in that caiss the said robert and his aris sall have regress to the saidis landis of garmocht newtoun and Corsky To be broukyt and joisyt be thame ay and quhill thai may brouk the saidis principale landis be the ordour of law and justice And als findis and decernis all the poyntis contenit in the said decrete arbitrale fulfillit be ather of the saidis partiis to uthers except the poyntis contenit in this our decrete of declaratioun And baytht the saidis partiis ar content this present decrete of declaratioun of the daitis foresaidis be insert in the bukis of Counsale and to have the strenth of the lordis decrete and lettres to be direct to compell the saidis partiis for fulfilling thairof ilkane of thame for thair part in forme as efferis And this our decrete to all and sindrie quham it efferis we mak it knawn be thir presentis subscriuit with our handis day yeir and place foresaidis Extraction de libro actorum per me magistrum Jacobum foulis de Colintoun clericum rotulorum registri ac Concilii Supremi domini uostri Regis sub meis signo et subscription mannalibus • Jacobus foulis. The Laird had for some time been set aside, and soon after the date of the preceding contract he died—his son, of the same name, succeeding. Preceptum Sasinae Alexandri lanes de eodem, 1538. Jacobus dei gratia Rex Scotorum vicecomiti et balliuis suis de Elgin et fores Salutem / Quia per inquisitionem de mandato nostro per vos factam et ad capellam nostram retornatam compertum est quod quondam Alexander Innes de eodem pater Alexandri Innes latoris presentiam obiit ultimo 'vestitus et sasitus ut de feodo ad pacem et tidem nostram de omnibus et singulis terris de Innes Sclentok tertia parte de Germocht et dimidia parte ville et terrarum de Vatterscot cum molendinis et tenentibus tenendriis et liberetenentium seruitiis earundem et suis pertineutiis jacentibus infra balliam vestram / et quod dictus Alexander est legitimus et propinquior heres eiusdem quondam Alexandri sui patris de totis et integris terris et annuis redditibus de Innes sclentok tertia parte de germocht et dimidia parte ville et terrarum de vatherscot cum molendinis et tenentibus tenandriis et liberetenentium seruitiis earundem cum pertinentiis Et quod est legitime etatis / Et quod de nobis tenentur in capite • Vobis precipimus et mandamus quatenus dicto Alexandro Innes vel suo certo attornato latori presentium Sasinam predictarum terrarnm et annuorum reddituum cum molendinis tenentibus tenandriis et liberetenentium seruitiis earundem cum suis pertinentiis juste haberi faciatis et.sine dilatione / Saluo jure cujuslibet / capieudo securitatem de centum libris de reliuio earundem nobis debitis et hoc nullo modo omittatis presentibus post proximum terminum minime valituris / teste meipso apud Edinburgh tertio die mensis Junii Anno regni nostri vicesimo. Carta Margarete Innes, 1540. Omnibus bane Cartam visuris vel audituris Jacobus Innes de Elrik Salutem in domino Sempiternam noueritis me pro certis pecuniarum summis mihi per Margaretam Innea meam sororem totaliterpcrsolutis vendidisse dicte Margarete Innes in conjuncta infeodatione heredibus suis et assignatis quibuscunque Totas et integras villas et terras de neithir monbeinis over monbeinis et Bruiltoun cum pendiculis jacentes infra baroniam de monbeinis et vicecomitatum de Elgine et foras Tenendas et habeudas omnes et singulas dictas villas et terras dicte Margarete Innes in coniuncta infeodatione heredibusque suis et assignatis prescriptis de me dicto Jacobo Innes meis heredibus et successoribus in feodo et hereditate Imperpetuum Reddendo inde annuatim dicta Margareta Innes heredes que sui et assignati Priori et conventui fratrum predicatorum de elgine et suis in dicto loco successoribus summan novem decem marcarum et Sex Solidorum et quatuor denariorum monete regni Scotie tanquam firmam antiquam dictis priori et conventui de dictis villis et terris in omnibus et per omnia necnon Summan tredecim Solidorum et quatuor denariorum dicte monete annuatim dictis prioribus et conventni in augmentationem ad duos anni terminos consuetos festa viz. Penticostes et Sancti Martini in hyeme In Cuius Rei testimonium Sigillum meum proprinm una cum mea subscriptione manuali est appensum Apud Elgine die decimo octauo mensis Decembris Anno domini millesimo quingentesimo quadragesimo Coram his testibus bonestis et discrctis viris Willelmo Innes de frostirsait Alexandro Innes de catbollis et plaides Johanne Innes filio apparente Jacobi Innes de Dranie Roberto Innes etiam filio quondam Jacobi Innes de dranie \Yillelmo Sutherland filio quondam Willelmi Sutherland de duffus Willelmo gaderer burgense de Elgine et Johanne gibsone notario publico cum diuersis aliis Jamis Innes. Jacobus Innes de Rothmakenzie confirmatur executor Patris, 1540. Patricius miseratione diuina Morauiensis Episcopus ac monasterii de Scona perpetuus commendationis uniuersis et singulis ad quorum notitias presentes littere peruenerint Salutem cum benedictione diuina • Noueritis nos attendentes quod ex pastoralis cure officio iniuncto onercque nostris licet insufficientibus humeris imposito de defunctorum nostrorum diocesanorum prescrtim ab intestato decedentium honis ne in alienos transferantur usus seu ab ignotis et non interesse habentibus intromittantur vel detineantur providere incumbit fecimus constituimus et ordinauimus prout per presentes facimus constituimus et ordinamus dilectum nostrum Jacobum Innes de rothnakenze filium et heredem quondam roberti Innes de rothnakenze ab intestato decedentis executorem datiuum prefati quondam Roberti tanquam proximiorem de sanguine eiusdem in et ad omnia et singula bona res debita et credita eiusdem pecuniarum summas victualium mensuraa acta contractus et obligationes ac alia bona mobilia quecunque prefato quondam Roberto tempore sui decessus spectantia pertinentia et debita . .. . Apud Edinburgh 3 Julii 1540. A notarial instrument of 7 May, 1541, bears that— Honorabilis vir Jacobus Innes de rothmakenze se obligauit fide media heredes suos et assignatos ac executores ad satisfaciendum et gratanter persoluendum Alexandro Innes suo fratri germano ducentas marcas usualid monete regni Scotie vel ad infeodandum eundem Alexandrum hereditarie in decem marcatis terrarum vel ad satisfaciendum eidem Alexandro viginti bollas victualium annuatim pro proficuo earundem terrarum semper et quousque Idem Alexander fuerit solutus de dicta summa ducentarum marcarum vel Infeodatus in dictis decem marcatis terrarum super quibus omnibus et singulis prefatus Alexander a me notario publico Instrumenta sibi fieri petiit • Acta erant hec in Camera venerabilis et egregii viri Magistri Alexandri Sutherland decani Cathanensis canonici ecclesie cathedralis morauiensis prebendarii de duffus in eadem infra collegium morauiense situata presentibus Ibidem nobili et potente domino georgio Comite Cathanensi dicto magistro Alexandro Sutherland decano Cathanensi canonicoque ecclesie cathedralis morauiensis predicte et domino Jacobo Dempstar Notario publico testibus. The young laird of Innes had very rude notions of heraldry. In 1542, he used this seal, where the Innes mullets are indeed combined with the boars' heads of Aberchirder, not in an approved mode of marshalling— [graphic] Carta Allexandri lanes de eodem de Nether Monbenys and Brwmton [1543] Omnibus Hang Cartam Uisuris Uel Audituris Ffrater Johannes Spens Prior Ftratrum Predicatorum Props Burgcm De Elgin Et Conuentus EIUSDBM ORDINIS SANCTi DOMINICI morauiensis diocesis Salutem in omnium Saluatore Quia regni Scotise retro principes diuersi in parliamentis suis cum tribus regni sui statibus super republica eiusdem mutuo disceptantes terras et regis et aliorum prelatorum dominorum temporalium comitum baronum caeterorumque quorumcumque hominum terras hereditarie possidentium in emphiteosim seu feudifirmam absque suorum rentalium et commoditatum diminutione ut cum tenentibus conuenire poterint per diuersa parliamentorum Statuta que nobis Scotis pro legibus obseruanda sint assedandas fore decreuerunt opinantes perinde commoda non modica ut politic houesta edificia terrarum nouas culturas sterilium meliorationes arborum plantationes piscium in aquis recentibus et per stagna nutritiones columbariorum ortorum viridariorum et cuniculariorum constructiones ac tenentium possessorum huiusmodi terrarum sic in emphiteosim locatarum in rebus mobilibus ditationes et armorum et rerum bellicarum prouisiones pro regis et regni contra veteres hostes et alios quoscunque invasores defensione ex firma spe remanendi cum terris suis et illis per se et heredes suos perpetuo gaudendi peruenire regi regnoque et reipublice saluti apprime proficere Noueritis igitur nos unanimi assensu et consensu in capitulo nostro unacum consensu provincialis totius nostri ordinis infra regnum Scotie et quatuor diffiuitorum eiusdem capitulariter congregatorum vtilitate et commodo loci nostri et successorum nostrorum vndique previsis et consideratis diligenti et longo tractatu et matura deliberatione prehabitis et pro policia in regno habenda et in nostri rentalis augmentationem in Summam trium mercarum usualis monete regni Scotie plus quam ville et terre infrascripte nobis seu predecessori bus nostris prius soluebant Assedasse honorabili viro Alexandro Innes de eodem heredibus suis et Assignatis quibuscunque pro nonnullis gratitudinibus auxiliis et bene meritis per dictum Alexandrum nobis multipliciter impensis Omnes et singulas villas et terras nostras de Nethir Manbenys et Brwmtoune cum pendiculis et pertinentiis earundem jacentes infra baroniam nostram de Manbenys et vicecomitatum de Elgin et fores extendentes nunc nostro in rentali in omnibus proficius ad viginti quatuor marcas dicte monete TfiNENDAS ET HABENDAS Omnes et singulas prefatas villas et terras dicto Alexandro Innes de eodem heredibus suis et assignatis quibuscunque de nobis et nostris successoribus dicti loci nostri de Elgin prioribus et conuentibus in feudifirma et hereditate imperpetuum Reddendo tnde annuatim dictns Alexander Innes de eodem sui heredes et Assignati quicunque nobis et successoribus nostris predictis Summam viginti unius marcarum monete predicte tanquam firmam uobis prius solui debitam neenon tres marcas annuatim eiusdem monete in nostri Kentalis augmentationem ad duos anni terminos consuetos Et si CONTIGERIT dictum Alexandrum heredes suos aut Assignatos deficere in solutione prefate feudifirme sic casu quod duo termini in tertium inde sequent em currant aut nobis in assistentia et defensione nostri nostrorum successorum obstare aut huiusmodi terras in tota vel in parte vendere absque licentia prouincialis nostri ordinis Tune dictus Alexander Innes heredes sui et Assignati prefatas villas et terras pro perpetuo amittent • In Cuius Kei Testimonium Sigillum nostrum commune unacum nostris subscriptionibus manualibus presentibus est appensum neenon sigilla dicti nostri prouincialis et quatuor diffinitorum cum suis subscriptionibus manualibus in signum eorum consensus et assensus ad premissa etiam sunt appensa Apud dictum nostrum locum vicessimo quarto die mensis Septembris Anno domini millesimo quingentesimo quadragesimo tertio Coram hiis testibus . . . ffr • Johannes Spens manu propria • ffrater patricius Strathauchin manu propria • ffrater Johannes forsy • ffrater Johannes Chrystysone • fr • Willelmus grey • fr • Jacobus Alexandri manu propria • ffr • Johannes Colly manu propria • frater Alexander Spens • frater Jacobus [Stcill • frater Johannes Robertsone • frater Johannes gybsoun • frater Wm Symsoun • ffr • Anthonius Stronocht • fr • dauid rag • firater Johannes Greirsoune prouincialis manu propria

The precept of seisin is dated 16 November, and the witnesses to it are William Sinclare of Dunbeth, Peter Wynchester of Artorlie, &c. Friar John Crystyson had then attained the rank of Sub-prior. Precept of seisin on the Assedation of Kirkton, Forester Seat, and Dunkympty, 1543. Alexander Innes of that Ilk to my louittis Jhone tullacht . . . my baillies in that pairt coniunctlie and seuerallie speciallie constitute gretiug . . . for fulfilling of ane parte of ane decrete maid betwix me and Alexander Innes of that Ilk my fader and vmquhile Robert Innes of Rothmakenze and James Innes his son and air of the dait at Elgin the last day of the moneth of September in the yere of God M.VC. and thretty thre yeris to have sett and to maill lattin to the said James Innes of Rothmakenze his subtennentis helperis and cottorris all and haill my landis of the Kirktoun forester sete and Dunkympty with thair pertinence liand within the shirefdome of Elgin and fores like as my lettres of assedatioun under my propir sele and subscriptioun manuall maid to him thairupoun mair fullelye proportis Quharefoir I charge straitlie and commandis you my saidis baillies and ilk ane of you couiunctlie and seueralye that Incontinent this precept sene ye pass without delay and gciff stait and possessioun reall actuall and corporall of all and hail the forenemmyt landis of Kirktoun froster sete and Dunkympty with thair pertinentis upoun the ground thairof be donatioun of crde andstayne to the said James Innes /for all the dayes and termes of his lyvetyme ... At the place of Innes ... 7 March 1543 . . . Witnesses Robert Innes of Moneddy, &c. . . . Alex. Innes of that Ilk. Inquisitio de reversione de Murailhous ct Torres, 1544. In dei Nomine Amen per hoc presens publicum Instrumentum Cunctis pateat euidenter et sit notum quod anno Incarnationis dominice millesimo quingentesimo Quadragesimo quarto mensis vero Aprilis die octauo Indictione secunda pontificatus Sanctissimi in Christo patris et domini nostri domini pauli diuina prouidentia pape tertii anno decimo In mei notarii publici et testium subscriptorum presentiis personaliter constitutus honorabilis vir Alexander Innes de eodem exposuit venerabili et egregio viro Magistro Alexandro Sutherland decano Cathanensi canonicoque ac officiali morauiensi quod honorabilis quondam vir Alexander Innes pater dicti Alexandri Innes de eodem impignorauit terras suas de muiraelhous et Torras nobili quondam Domino Alexandro Abirnathy domino Saltoune pro quadam Summa pecunie super quibusquidem terris dictus quondam nobilis dominus Alexander dominus Saltoune predictus promisit dicto honorabili quondam viro Alexandro Innes patri Alexandri Innes moderni suisque heredibus et assignatis reuersionem seu reuersiones ad redimendum dictas terras pro hujusmodi summa pecunie soluenda Quasquidem reuersiones ante decessum dicti nobilis domini dictus dominus de Innes habere nequiuit Sed idem nobilis quondam dominus Alexander quondam dominus Saltoune prefatus pater etiam nobilis quondam domini Willelmi domini Saltoune ultimi defuncti ante eius decessum mandauit dictum quondam nobilem dominum Willelmum dominum Saltoune filium ultimum defunctum pro eius conscientia releuanda quatenus daret domino de Innes suisque heredibus et assignatis reuersionem seu reuersiones super dictis terris de muiraelhous et torras quas dictus dominus de Innes ante decessum dicti quondam nobilis domini Willelmi domini Saltoune ultimi defuncti habere non potuit • Propterea dictus dominus de Innes- requisiuit dictum dominum otfieialem charitatis intuitu quatinus dirigeret commissionem cuidam notario ad examinandos nonnullos testes pro conscientia ipsorum dominorum Alexandri et Willelmi dominornm de Saltoune releuanda super confessione dicti quondam nobilis domini Willelmi domini Saltoune ultimi defuncti pro eius intentione probanda et eorum conscientia releuanda sic quod dictus dominus de Lmes habere potuit dictas reuersiones dictarum terrarum a heredibus dicti quondam nobilis domini Willelmi domini Saltoune ultimi defuncti ad recuperandas et redimendas dictas terras Quiquidem dominus officialis audiens eius requisitionem fore justam et pro salute animarum dominorum defunctorum direxit Commissionem mihi notario publico subscripto eo quod dicti testes non potuerunt deuenire ad eius propriam presentiam neque ius auditorii ad dirigendas litteras citatorias ad citandum dictos testes neenon ad citandum heredes dicti domiui Willelmi domini Saltoune ultimi defuncti ad videndum huiusmodi testes iurari et ad iurandum admitti super veritate dicenda penes dictas reuersiones neenon ad examinandum eosdem eorumque depositiones ad requisitionem dicti domini de Innea in forma instrumenti redigere Quamquidem Commissionem accepi et ad ecclesiam parochialem de rothemaye litteras citatorias juxta formam Commissionis mihi directe direxi super nonnullis testibus viz. nobili domine Elizabetht haye relicte dicti quondam nobilis domini Willelmi domini Saltoun ultimi defuncti / domino Laurentio Abirnathy germano dicti nobilis domini et Willelmo fordise eius quondam Seruitori ad comparendum coram me in dicta ecclesia de rothemaye certis die et horis sibi assignatis ad perhibendum fidele testimonium veritati in dicta causa Quiquidem testes Juxta tbrmam Citationis Comparuerunt et Jurarunt super veritate dicenda Quorum quidem testium depositiones Juxta formam articuli mihi presentati sequuntur • Articulus super quo examinandi sunt testes in quadam causa per honorabilem virum Alexandrum Innes de eodem contra et aduersus nobilem adolescentem Alexandrum Abirnathy dominum Saltoune futurum et modernum filium dicti nobilis domini Willelmi domini Saltoune defuncti mota sequitur et est talis Item pars dicti Alexandri Innes de eodem prout et probare intendit quod Alexander Innes defunctus pater articulantis impignorauit nobili domino Alexandro Abirnathy quondam domino Saltoune patri nobilis etiam quondam Willelmi domini Saltoune ultimi defuncti terras suas de muiraelhous / super summa quadragenta librarum et terras suas de torras super summa quadragenta librarum Quiquidem dominus Alexander promisit domino de Innes suis heredibus et assignatis reuersionem super dictis terris pro solutione dicte pecunie Quam non habuit sed iussit ante eius decessum nobilem etiam dominum Willelmum suum filium dare ilomino de Innes reuersionem super dictis terris pro solutione dicte pecunie quiquidem dominus Willelmus dominus Saltoune ultimus defunctus promisit dare dictas reuersiones et sic fuit quod est verum / Depositiones testium huiusmodi cause scquuntur • prima testis nobilis domina Elezabetht hay relicta quondam nobilis domini Willelmi domini Saltoune ultimi defuncti citata producta iurata super articulo medio iuramento examinata depouit ut seqnitur in -svlgari that scho hard Lord Alexander fader to Lord Willyam that last decessit hir spouss say that he had conscience that wald nocht gif ane reuersione -upon the landis of muiraelhous upon quhat soum scho knawis nocht that thai war wadset bot that the said Lord Alexander bad Lord Willyam his sone gif him ane reuersioun upon the landis of muiraelhous and deponis scho hard na word of the landis of Torras • Secundus testis Willelmus fordise citatus productus juratus super primo articulo medio juramento examinatus medio juramento deposuit that he hard Lord Willyam that last decessit confes that his fader Lord Alexander bad him gif ane reuersione to the lard Innes upone the landis of torras and muiraelhous and hard the said Lord Willyam say oft and mony tymis in his awn yard and gardene of rothemay that he wald gif to the Lard Innes the saiddis reuersionis upon the saidis landis upon quhat soumis he knawis nocht / nil plus scit in causa • Tertius testis dominus Laurentius Abirnathy citatus productus juratus super articulo examinatus mediante suo magno juramento conformis est Willelmo fordise secundo testi in omnibus suis punctis / nil plus scit in Causa • post quorum quidem testium examinationem prefatus Alexander Innes petiit me notarium subscriptum judicemque in causa eorundem depositiones in forma ut supra instrumentali redigere • super quorum depositionibus a me notario publico subscripto sibi unum vel plura publicum vel publica instrumentum seu instrumenta sibi fieri petiit • Acta erant hec in loco domini de Innes de kynnardye anno die mense indictione et pontificatu quibus supra presentibus ibidem honestis viris Jacobo Gordoun Andrea Bissart et Willelmo Douning horam circa octauam ante meridiem cum diuersis aliis testibus ad premissa vocatis pariter et rogatis. Carta capelle msularis de Spyne Alexandro Innes de eodem. [1544.] Omnibus hanc Cartam visuris vel audituris dominus Willelmus Sutherland Capellanus Capelle Insularis de Spyneto vrulgariter nuncupate Oure Lady Chapell of the Inche Salntem in eo qui est vera et indesinens omnium Salus Noueritis me cum expressis consensu et assensu Reuerendi in Christo patris et domini domini patricii dei et apostolice sedis gratia morauiensis Episcopi de Scona Commendatarii perpetui et canonicorum ecclesie Cathedralis morauiensis capitulariter congregatorum et capitulum pro tempore representantium utilitateque mea et dicte Capellanie undique preuisa pensata et considerata diligentibus tractatibus et maturis deliberationibus . . . ad augmentationem rentalis eiusdem Extendentem annuatim ad quatuor solidos usualis mouete regni Scotice plus quam unquam terre subscripte prius michi aut predecessoribus meis persoluerunt verum etiam pro quadam pecunie summa per honorabilem virum Alexandrum Innes de eodem . . . persoluta . . . confirmare dicto Alexandro lnnes de eodem heredibus suis et assignatis quibuscunque omnes et singulas terras dicte mee Capelle de ynche incumbentes cum universis et singulis suis pendiculis annexis connexis piscariis pascuis et pasturiis in propvia et communi ad terras dicte nostre capellanie spectantibus seu juste spectare valentibus jacentes in regalitate de Spyne et infra vicecomitatum de Elgyne et fores • Tenendas et habendas omnes et singulas prenominatas terras dicte nostre capellanie de Inche cum piscariis . . . prefato Alexandro Innes de eodem et suis heredibus et assignatis quibuscunque de me et successoribus meis dicte Capellanie Capellanis in feodifirma seu emphiteosi et hereditate imperpetuum per onmes rectas metas . . . Reddendo inde annuatim dicti Alexander Innes sui heredes et assignati quicunque mihi et successoribus meis capellanis capelle de ynche predictam augmentationem dictarum terrarum quinquaginta septem solidos et quatuor denarios Ad duos anni terminos consuetos . . . Insuper heredes et assignati dicti Alexandri predicti duplicando dictam summam quinquaginta septem solidorum et quatuor denariorum ad introitum cuiuslibet heredis seu assignati ad dictas terras . . . In Cuius Rei testimonium Sigillum meum proprium unacum subscriptione mea manuali neenon Sigillum commune capituli Ecclesie Cathedralis morauiensis uua cum subscriptionibus manualibus dicti reverendi patris et canonicoriun dicte ecclesie Capitulum pro tempore representantium in signum eorum consensus et assensus ad premissa apud dictam ecclesiam cathedralem morauiensem vigesimo Sexto die mensis Aprilis Anno domini millesimo quingentesimo quadragesimo quarto presentibus sunt appensa coram hiis testibus Magistris hugone Crage Thoma haye domino Jacobo dowglas Joanne Gibsoune et Willelmo Vysman Notariis publicis cum diuersis aliis. DnsW. Sutherland capellanus de ynche Pa • Horauiensis Eps • gulielmus gordon cancellarius • Robertas hepburn thesaurarius • Dauid Dunbar succentor morauieusis Alexr Hepburn Gavinus lesly de Kyngusy • Alexr Sutherland de duffous •

.1. Wallas rector de wnthank • Jo Lokert de Inuerkethny • Thomas gaderar de KiltaratyThe precept of seisin is dated 16 November, and the witnesses to it are William Sinclare of Dunbeth, Peter Wynchester of Artorlie, &c. Friar John Crystyson had then attained the rank of Sub-prior. Precept of seisin on the Assedation of Kirkton, Forester Seat, and Dunkympty, 1543. Alexander Innes of that Ilk to my louittis Jhone tullacht . . . my baillies in that pairt coniunctlie and seuerallie speciallie constitute gretiug . . . for fulfilling of ane parte of ane decrete maid betwix me and Alexander Innes of that Ilk my fader and vmquhile Robert Innes of Rothmakenze and James Innes his son and air of the dait at Elgin the last day of the moneth of September in the yere of God M.VC. and thretty thre yeris to have sett and to maill lattin to the said James Innes of Rothmakenze his subtennentis helperis and cottorris all and haill my landis of the Kirktoun forester sete and Dunkympty with thair pertinence liand within the shirefdome of Elgin and fores like as my lettres of assedatioun under my propir sele and subscriptioun manuall maid to him thairupoun mair fullelye proportis Quharefoir I charge straitlie and commandis you my saidis baillies and ilk ane of you couiunctlie and seueralye that Incontinent this precept sene ye pass without delay and gciff stait and possessioun reall actuall and corporall of all and hail the forenemmyt landis of Kirktoun froster sete and Dunkympty with thair pertinentis upoun the ground thairof be donatioun of crde andstayne to the said James Innes /for all the dayes and termes of his lyvetyme ... At the place of Innes ... 7 March 1543 . . . Witnesses Robert Innes of Moneddy, &c. . . . Alex. Innes of that Ilk. Inquisitio de reversione de Murailhous ct Torres, 1544. In dei Nomine Amen per hoc presens publicum Instrumentum Cunctis pateat euidenter et sit notum quod anno Incarnationis dominice millesimo quingentesimo Quadragesimo quarto mensis vero Aprilis die octauo Indictione secunda pontificatus Sanctissimi in Christo patris et domini nostri domini pauli diuina prouidentia pape tertii anno decimo In mei notarii publici et testium subscriptorum presentiis personaliter constitutus honorabilis vir Alexander Innes de eodem exposuit venerabili et egregio viro Magistro Alexandro Sutherland decano Cathanensi canonicoque ac officiali morauiensi quod honorabilis quondam vir Alexander Innes pater dicti Alexandri Innes de eodem impignorauit terras suas de muiraelhous et Torras nobili quondam Domino Alexandro Abirnathy domino Saltoune pro quadam Summa pecunie super quibusquidem terris dictus quondam nobilis dominus Alexander dominus Saltoune predictus promisit dicto honorabili quondam viro Alexandro Innes patri Alexandri Innes moderni suisque heredibus et assignatis reuersionem seu reuersiones ad redimendum dictas terras pro hujusmodi summa pecunie soluenda Quasquidem reuersiones ante decessum dicti nobilis domini dictus dominus de Innes habere nequiuit Sed idem nobilis quondam dominus Alexander quondam dominus Saltoune prefatus pater etiam nobilis quondam domini Willelmi domini Saltoune ultimi defuncti ante eius decessum mandauit dictum quondam nobilem dominum Willelmum dominum Saltoune filium ultimum defunctum pro eius conscientia releuanda quatenus daret domino de Innes suisque heredibus et assignatis reuersionem seu reuersiones super dictis terris de muiraelhous et torras quas dictus dominus de Innes ante decessum dicti quondam nobilis domini Willelmi domini Saltoune ultimi defuncti habere non potuit • Propterea dictus dominus de Innes- requisiuit dictum dominum otfieialem charitatis intuitu quatinus dirigeret commissionem cuidam notario ad examinandos nonnullos testes pro conscientia ipsorum dominorum Alexandri et Willelmi dominornm de Saltoune releuanda super confessione dicti quondam nobilis domini Willelmi domini Saltoune ultimi defuncti pro eius intentione probanda et eorum conscientia releuanda sic quod dictus dominus de Lmes habere potuit dictas reuersiones dictarum terrarum a heredibus dicti quondam nobilis domini Willelmi domini Saltoune ultimi defuncti ad recuperandas et redimendas dictas terras Quiquidem dominus officialis audiens eius requisitionem fore justam et pro salute animarum dominorum defunctorum direxit Commissionem mihi notario publico subscripto eo quod dicti testes non potuerunt deuenire ad eius propriam presentiam neque ius auditorii ad dirigendas litteras citatorias ad citandum dictos testes neenon ad citandum heredes dicti domiui Willelmi domini Saltoune ultimi defuncti ad videndum huiusmodi testes iurari et ad iurandum admitti super veritate dicenda penes dictas reuersiones neenon ad examinandum eosdem eorumque depositiones ad requisitionem dicti domini de Innea in forma instrumenti redigere Quamquidem Commissionem accepi et ad ecclesiam parochialem de rothemaye litteras citatorias juxta formam Commissionis mihi directe direxi super nonnullis testibus viz. nobili domine Elizabetht haye relicte dicti quondam nobilis domini Willelmi domini Saltoun ultimi defuncti / domino Laurentio Abirnathy germano dicti nobilis domini et Willelmo fordise eius quondam Seruitori ad comparendum coram me in dicta ecclesia de rothemaye certis die et horis sibi assignatis ad perhibendum fidele testimonium veritati in dicta causa Quiquidem testes Juxta tbrmam Citationis Comparuerunt et Jurarunt super veritate dicenda Quorum quidem testium depositiones Juxta formam articuli mihi presentati sequuntur • Articulus super quo examinandi sunt testes in quadam causa per honorabilem virum Alexandrum Innes de eodem contra et aduersus nobilem adolescentem Alexandrum Abirnathy dominum Saltoune futurum et modernum filium dicti nobilis domini Willelmi domini Saltoune defuncti mota sequitur et est talis Item pars dicti Alexandri Innes de eodem prout et probare intendit quod Alexander Innes defunctus pater articulantis impignorauit nobili domino Alexandro Abirnathy quondam domino Saltoune patri nobilis etiam quondam Willelmi domini Saltoune ultimi defuncti terras suas de muiraelhous / super summa quadragenta librarum et terras suas de torras super summa quadragenta librarum Quiquidem dominus Alexander promisit domino de Innes suis heredibus et assignatis reuersionem super dictis terris pro solutione dicte pecunie Quam non habuit sed iussit ante eius decessum nobilem etiam dominum Willelmum suum filium dare ilomino de Innes reuersionem super dictis terris pro solutione dicte pecunie quiquidem dominus Willelmus dominus Saltoune ultimus defunctus promisit dare dictas reuersiones et sic fuit quod est verum / Depositiones testium huiusmodi cause scquuntur • prima testis nobilis domina Elezabetht hay relicta quondam nobilis domini Willelmi domini Saltoune ultimi defuncti citata producta iurata super articulo medio iuramento examinata depouit ut seqnitur in -svlgari that scho hard Lord Alexander fader to Lord Willyam that last decessit hir spouss say that he had conscience that wald nocht gif ane reuersione -upon the landis of muiraelhous upon quhat soum scho knawis nocht that thai war wadset bot that the said Lord Alexander bad Lord Willyam his sone gif him ane reuersioun upon the landis of muiraelhous and deponis scho hard na word of the landis of Torras • Secundus testis Willelmus fordise citatus productus juratus super primo articulo medio juramento examinatus medio juramento deposuit that he hard Lord Willyam that last decessit confes that his fader Lord Alexander bad him gif ane reuersione to the lard Innes upone the landis of torras and muiraelhous and hard the said Lord Willyam say oft and mony tymis in his awn yard and gardene of rothemay that he wald gif to the Lard Innes the saiddis reuersionis upon the saidis landis upon quhat soumis he knawis nocht / nil plus scit in causa • Tertius testis dominus Laurentius Abirnathy citatus productus juratus super articulo examinatus mediante suo magno juramento conformis est Willelmo fordise secundo testi in omnibus suis punctis / nil plus scit in Causa • post quorum quidem testium examinationem prefatus Alexander Innes petiit me notarium subscriptum judicemque in causa eorundem depositiones in forma ut supra instrumentali redigere • super quorum depositionibus a me notario publico subscripto sibi unum vel plura publicum vel publica instrumentum seu instrumenta sibi fieri petiit • Acta erant hec in loco domini de Innes de kynnardye anno die mense indictione et pontificatu quibus supra presentibus ibidem honestis viris Jacobo Gordoun Andrea Bissart et Willelmo Douning horam circa octauam ante meridiem cum diuersis aliis testibus ad premissa vocatis pariter et rogatis. Carta capelle msularis de Spyne Alexandro Innes de eodem. [1544.] Omnibus hanc Cartam visuris vel audituris dominus Willelmus Sutherland Capellanus Capelle Insularis de Spyneto vrulgariter nuncupate Oure Lady Chapell of the Inche Salntem in eo qui est vera et indesinens omnium Salus Noueritis me cum expressis consensu et assensu Reuerendi in Christo patris et domini domini patricii dei et apostolice sedis gratia morauiensis Episcopi de Scona Commendatarii perpetui et canonicorum ecclesie Cathedralis morauiensis capitulariter congregatorum et capitulum pro tempore representantium utilitateque mea et dicte Capellanie undique preuisa pensata et considerata diligentibus tractatibus et maturis deliberationibus . . . ad augmentationem rentalis eiusdem Extendentem annuatim ad quatuor solidos usualis mouete regni Scotice plus quam unquam terre subscripte prius michi aut predecessoribus meis persoluerunt verum etiam pro quadam pecunie summa per honorabilem virum Alexandrum Innes de eodem . . . persoluta . . . confirmare dicto Alexandro lnnes de eodem heredibus suis et assignatis quibuscunque omnes et singulas terras dicte mee Capelle de ynche incumbentes cum universis et singulis suis pendiculis annexis connexis piscariis pascuis et pasturiis in propvia et communi ad terras dicte nostre capellanie spectantibus seu juste spectare valentibus jacentes in regalitate de Spyne et infra vicecomitatum de Elgyne et fores • Tenendas et habendas omnes et singulas prenominatas terras dicte nostre capellanie de Inche cum piscariis . . . prefato Alexandro Innes de eodem et suis heredibus et assignatis quibuscunque de me et successoribus meis dicte Capellanie Capellanis in feodifirma seu emphiteosi et hereditate imperpetuum per onmes rectas metas . . . Reddendo inde annuatim dicti Alexander Innes sui heredes et assignati quicunque mihi et successoribus meis capellanis capelle de ynche predictam augmentationem dictarum terrarum quinquaginta septem solidos et quatuor denarios Ad duos anni terminos consuetos . . . Insuper heredes et assignati dicti Alexandri predicti duplicando dictam summam quinquaginta septem solidorum et quatuor denariorum ad introitum cuiuslibet heredis seu assignati ad dictas terras . . . In Cuius Rei testimonium Sigillum meum proprium unacum subscriptione mea manuali neenon Sigillum commune capituli Ecclesie Cathedralis morauiensis uua cum subscriptionibus manualibus dicti reverendi patris et canonicoriun dicte ecclesie Capitulum pro tempore representantium in signum eorum consensus et assensus ad premissa apud dictam ecclesiam cathedralem morauiensem vigesimo Sexto die mensis Aprilis Anno domini millesimo quingentesimo quadragesimo quarto presentibus sunt appensa coram hiis testibus Magistris hugone Crage Thoma haye domino Jacobo dowglas Joanne Gibsoune et Willelmo Vysman Notariis publicis cum diuersis aliis. DnsW. Sutherland capellanus de ynche Pa • Horauiensis Eps • gulielmus gordon cancellarius • Robertas hepburn thesaurarius • Dauid Dunbar succentor morauieusis Alexr Hepburn Gavinus lesly de Kyngusy • Alexr Sutherland de duffous •

.1. Wallas rector de wnthank • Jo Lokert de Inuerkethny • Thomas gaderar de Kiltaraty

Carta de Garmacht in warrantum de Cromy. [1542.] Omnibus hanc Cartam visuris vel audituris Alexander Innes de eodem filius et heres quondam Alexandri Innes de eodem Salutem in domino sempiternam noueritis me pro observatione et perimpletione cuiusdam decreti et deliberationis Inter me et dilectum consanguineum meum Jacobum Innes de rothmakenze Initi et confecti dedisse dicto Jacobo Innes suis heredibus et assignatis Totas et integras terras meas de garmoch terras de Corsque ac terras de Newtoun cum siluis partibus pendiculis toftis croftis et cotagiis earundem ac suis pertinentiis jacentes in baronia mea de Innes Infra vicecomitatum de Elgyn et fores In speciale warantum omnium et singularum terrarum mearum subscriptarum per me dicto Jacobo suis heredibus et assignatis venditarumet alienatarum videlicet terrarum mearum de cromy et tulysyffe Jacentium in baronia de Abirkerdour et per annexationem Infra baroniam meam de Innes et vicecomitatum de banff Tenendarum de supremo domino nostro rege et suis successoribus ac omnium et singularum terrarum mearum de brakanhillis et dimidietatis terrarum de Newmyll cum partibus piscariis toftis croftis pendiculis et pertinentiis earundem Jacentium in dominio foreste de boyne et Infra vicecomitatum de banff predictum tenendarum de nobili et potente domino Georgeo Comite de huntlie . . . In Cuius Rei testimonium huic presenti carte mee manuali mea subscriptione roborate meum proprium sigillum est appensum Apud Edinburgum vigesimo tcrtio die mensis Julii Anno domini Millesimo Quingeutesimo quadragesimo secundo Coram hiis testibus georgeo gude burgensi de Edinburgh Johanne Wallace Jacobo belchis Jaspero Wauss Andrea boyne beraldo Innes et Roberto Murray cum diuersis aliis. Alexr Innes of that Ilk. Carta de Burrowbriggis. [7 Maii 1545.] Omnibus hanc Cartam visuris vel audituris Thomas gaderar rector de Murthlak ac domiuus terrarum Subscriptarum Salutem in domino sempiternam noueritis me dedisse honorabili viro Jacobo Inues de Crommy heredibus suis et assignatis tolas et integras terras meas de burrowbriggis cum pertinentiis jacentes inter croftam fratrum predicatorum de Elgin ad occidentem ex una et terras Communie de Elgin ad orientem partibus ab P
altera et Infra Croftas burgensium de Elgin versus austrum usque ad aquam de lossy ad boriam pro quadam pecunie summa mihi per dictum Jacobum persoluta . . . Preceptum super quartam partem montis de Murastoun. [7 Maii 1545.] Thomas Gaderar de Murthlak rector dominusque et possessor terrarum subscriptarum dilectis meis Johanni Cowe et eorum cuilibet coniunctim et diuisim balliuis meis Salutem Quia dedi bonorabili viro Jacobo Innes de Crommy heredibus suis et assignatis totas et integras tres meas quartas partes terrarum montis de murrestoun Jacentes inter locum per Robertum falconer de murrestoun lapide signatum ad orientem ex uua et terras de shireffmyll ad occidentem partibus ab altera extendentes in longitudine et latitudine suis debitis et consuetis a duabus acris terrarum dicti Roberti Jacentibus sub pede dicti mentis de murrestoun versus austrum usque le lauerok moss versus boriam cum sua pastura et aliis suis pertinentiis jacentes in baronia seu Regalitate de Spyne et infra vicecomitatum de Elgin et fores vobis igitur et vestrum cuilibet balliuis meis in bac parte . . . A disposition of Newmill, in the forest of Boyne, to Andrew Moir, in fixes the residence of the granter — James Innes of Cromie — apud locum meum de Froster-sete. He now acquires a town mansion in Elgin, whose name points to its connection with a chapel or altar of the Virgin. It may have been the residence of the chaplain of old. Be it kend till all men be thir present lettres me Robert Murray fader bruthir and air to umquhile Alexander Murray of Fochaberis the sone and air of umquhile Alexander murray of fochaberis my brutbir ffor certane sowmes of money and proffittis payit and deliuerit to me be ane honorable man James Innes off Cromye To have constitute and ordand and be thir present lettres makis Constitutis and ordanis the said James and his airis my verray lauchtfull Irreuocable and undoutit cessionaris and assignais In and to the lettres of Reuersioun maid to the said umquhile Alexander my bruther his airis and assignais be robert murray in fyndorne and Elizabeth modrak his Spous upoun the redemptioun and outquyting fra thame thair airis and assignais of all and haill the heich houss callit oure lady

• hous>s lyand within the burgh of Elgin upoun the North syde of the samyn betwixt the land of Alexander tailzeour at the eist and the land of Alexander Winchestir at the West witht all maner of pertinentis thairof sellaris buthis over chalmeris hall and yard as the samin lyis now in lenth and breid extending linialie fra the kingis commoun streit at the South to the deid dreich of herviss haucht at the north ffor the soume off fourty pundis usuale money of Scotland witht ane yeiris tak of the said houss and tenement eftir the redemptioun thairof . . . dated at Edinburgh 19 July 1546. Ane confirmacione on the landis of Kinstarie to Alexander Innes. [1549.] Maria dei gratia Regina Scotorum Omnibus probis hominibus totius terre sue Clericis et laicis Salutem sciatis nos tanquam Scotie Reginam cum auisamento consensu et auctoritate charissimi nostri consanguinei et tutoris Jacobi Arranie Comitis domini hammiltoun regni nostri protectoris et gubernatoris Quandam Cartam alienationis de mandato nostro visam non rasam non cancellatam sub hac forma intellexisse Omnibus hanc Cartam visuris vel audituris Archibaldus Campbell de calder domiuus baronie de Kinstarie Salutem in domino sempiternam noueritis me vendidisse honorabili viro Alexandro Innes in reidhall et Isobelle Innes eius Sponse ac eorum alteri diutius viuenti heredibusque suis inter eosdem procreatis seu procreandis Quibus deficientibus heredibus dicti Alexandri quibuscunque Totam et integram unam quartam partem ville et terrarum de Kinstarie cum pertinentiis nunc occupatam laboratam et manuratam per Walterum Murray et Willelmum Ross nuuc tenentes eiusdem Jacentes infra baroniam de Kinstarie predictam et vicecomitatum de Narne pro certa pecunie summa mihi per dictum Alexandrum et eius sponsam antedictam integre persoluta Tenendas et habendas de suprema domina nostra maria Dei gratia Scotorum Regina suisque successoribus Scotorum Regibus in coniuncta infeodatione et hereditate Imperpetuum Reddendo Annnatim Inde prenominate supreme domine nostre Regine Suisque successoribus Scotorum regibus Wardam et Releuium aliaque seruitia solita et consueta In quorum omnium et singulorum fidem et testimoninm premissorum huic presenti Carte mee manuali mea subscriptione roborate ac munite sigillum meum proprium est appensum Apud Elgin Septimo Decembris Anno domini Millesimo quingentesimo quadragesimo nono Coram hiis testibus Jacobo Innes de dranye Roberto Innes euis germane Waltero Montgummerye Magistro Alexandro douglas Notario publico cum diuersis aliis Quamquidem Cartam in omnibus suis punctis et articulis in omnibus et per omnia ratificamus Saluis nobis et nostris successoribus Juribus et Seruitiis debitis et consuetis In Cuius Rei testimonium huic presenti Carte nostre Confirmation is Magnum Sigiilum nostrum apponi precepimus Testibus Reuerendissimo ac Reuerendo in Christo patribus Johanne Archiepiscopo Sancti Andree etc. thesaurario nostro Andrea Episcopo Candide Case Nostreque Capelle Regie Striuilingensis [decano] dilectis nostris consanguineis georgio Comite de huntlie ac morauie domino gordoun et badzenauch Cancellario nostro Archibaldo Comite Ergadie domino Campbell et Lorne iusticiario nostro Willelmo domino Ruthuen nostri secreti sigilli Custode dilectis nostris familiaribus Magistris Thoma Marioribankis de ratho nostrorum rotulorum registri ac consilii Clerico Johanne bellenden de Auchnoule nostre iusticiarie Clerico et Alexandro levingstoun de donypace nostre Cancellarie directore Apud Striuiling penultimo die mensis Decembris Anno domini Millesimo quingentesimo quadragesimo nono et Regni nostri octauo. Excambium de Monbenis et Meftis, 1556. Omnibus hanc Cartam visuris vel audituris Jacobus Innes filius secundarius honorabilis viri Alexandri Innes de eodem ac feoditarius terrarum de nethir Monbenis et brwmetoun salutem in domiuo sempiternam noueritis me cum expressis consensu et assensu fratris Jobannis Spens prioris fratrum predicatorum prope burgum de Elgin et conuentus euisdem ordinis Sancti Dominici Morauiensis diocesis Dedisse et in merum et purum excambium pro terris de meftis cum pertinentiis in feodifirma seu emphitiosi per venerabilem in Christo patrem Alexandrum permissione divina priorem de pluscardyn et conuentum euisdem mihi hereditarie dandis a me heredibusque meis Margarete Innes mee charissime Sorori heredibusque suis et suis assignatis omnes et singulas villas et terras de Nethir monbenis et brwmetoun cum pendiculis et earum pertinentiis jacentes infra baroniam de monbenis et vicecomitatum de Elgin et fores Tenendas et habendas omnes et siugulas villas et terras de Nethir Monbenis et brwmetoun in merum et purum excambium ut prefertur Margarete Innes mee charissime Sorori heredibusque suis et suis assignatis a me heredibus meis et meis assignatis de priore et conuentu fratrum predicatorum ordinis Sancti dominici morauiensis et suis successoribus ac monasterio eorundem in feodifirma et emphiteosi ac hereditate imperpetuum Reddendo Inde dicta Margareta lunes mea Soror heredesque sue et sui assignati priori et conuentui fratrum predicatorum de Elgin et. suis in dicto loco successoribus summam nouem decim marcarum sex solidorum et octo denariorum monete regni Scotie tanquam firmam antiquam dictis priori et conuentui neenon summam tredecim Solidorum ct quatuor denariorum dicte monete annuatim in dicti prioris et conuentus rentalis augmentationem ... In Cuius Rei testimonium Sigillum meum proprium unacum mea subscriptione manuali ac sigillum dicti prioris et conuentus neenon sigilla prouincialis dicti ordinis et quatuor diffinitorum cum suis subscriptionibus manualibus in signum eorum consensus ad premissa presentibus sunt appensa Apud Elgin die decimo nono mensis Nouembris Anno domini Millesimo Quingentesimo Quinquagesimo Sexto Coram hiis testibus honestis et discretis viris Willelmo Innes de fostersetc Alexandro Innes de Caitbollis et plaiddis Joanne Innes filio quondam Jacobi Innes de dranye Thoma Innes in pethnyk roberto Innes filio etiam quondam Jacobi Innes de Drany Willelmo Sutherland filio quondam Willelmi Sutherland de duffous Magno makesoune et domino Joanne gibsone notario publico cum diuersis aliis. .1 innis Innis fr • Johannes Spens prior fr • Johannes forsy manu propria ffrater Wilhellmus Symson manu propria fr • Patricius Strauthachin ffrater Joannes Robertsone Inquisitio de Alexandro Innes de Cromie, 1558. Hec Inquisitio facta fuit in pretorio burgi de Elgin coram honorabilibus viris Alexandro Dunbar de Cumnok vicecomite principali vicecomitatus de Elgin et fores et Johanne Rutherford vicecomite deputato dicti vicecomitatus quinto die mensis Julii anno domini millesimo quingentesimo quinquagesimo octauo in curia fensata pro tribunali sedentibus per hos subscriptos viros viz. Alexandrum Sutherland de Duffous Jacobum Dunbar de terbat Alexandrum Innes de plaidis Alexandrum urquhard de burrisyardis vilhelmum Dumbrek de urten Dauidem Dunbar filium et aparentem heredem Roberti Dunbar de durris sui patris magistram Alexandrum Douglas magistrum Alexandrum Cuminge Joannem Annand Andream birne burgenses burgi de elgin Joannem Murreu burgensem de forres Willelmum Innes in Langmorgan charulum tullocht in blakhillis Johannem farsole in tare et Andream Moncreift in Spynie Qui jurati dicunt quod quondam Jacobus Innes de Cromme pater Alexandri Innes de Cromme latoris presentium obiit ultimo vestitus et Sasitus ut de feodo ad pacem et fidem supreme domine nostre marie dei gratia Scotorum regine de totis et integris villis et terris de Reidhall Styne et blakhillis cum pertinentiis earundem jacentibus infra dominium morauie et vicecomitatum de elgin et forres Et quod prefatus Alexander Innes de Cromme lator presentium est legittimus et propinquior heres dicti quondam Jacobi Innes de Cromme sui patris . . . Et quod dicte terre etc. valent nunc per annum Summam vigenti trium librarum octo solidorum et unius denarii monete Regni Scotie . . . Data et Clausa sub sigillo officii dicti vicecomitatus unacum sigillis quorundam eorum qui dicte inquisitioni intererant . . . In the charter-room at Dunrobin is an instrument of seisin in favour of Alexander Innes of Crombie, and Beatrix Dunbar, his spouse, in conjunct fee of the fishing of half a cruive on the water of Inverspey, commonly called a half coble, Od a feu charter by Alexander, Prior of Pluscarden, 9 July, 1560. Reversion of Cottis. 1562. Till all and sindre quhais knawlege thir present letteris saltocum Robert Innes of Innermarky greting in god Euirlesting witt ye that nochtwithstanding ane honourable man William Innes of that Ilk be his charter and precept of alienatioun hes sauld to me the said Robert Innes of Innermarky my airis and assignais all and haill his landis of Cottis and carsshillok with thair pertinentis presentlie occupeit be Alexr Stronocht James Michc and Andro haye lyand within the baronye of Innes and shirefdome of Elgin and fores as at mair lentht is contenit in his Chartir maid to me thairupoun Neuirtheless I will and grantis me be the tennour heirof Sickerlie bindis me my airis and assignais to the said William !Hues of that Ilk his airis and assignais that quhat tyme it sall happiu the said William Innes of that Ilk his airis and assignais to pay and deliuer to me my airis or assignais on ane day togidder and at anis In ane Soume within the Cathedrall Kirk of Murraye the Soume of Nyne hundretht merkis usuall monee of Scotland upon the premonitioun of fourti dayis Than in that caice to upgife and frelie deliuer to the said William Innes of that Ilk his airis and assignais all and haill the saidis landis of Coittis and carss hillok and all documentis maid to me thairupoun In witness of the quhilk thing to thir my lettres of Reuersioun subscriuit with my hand my propir Seill is appendit At Elgin the . . . daye of Junii the yeir of God jm v° and Saxty twa yeiris Befor thir witness Jhone Innes In blakhillis Jhone Innes in garmocht and maister Anthone chalmer and Jhone Annand nottaris publict witht uyeris diuers. Robert Innes of Innermarky. The following charter is granted by a person of title and peerage unknown to the Peerage writers; and the arranger of the family charters has ventured to docquet it "geven be Darnlie"—which however is an error. The granter is a person who, though not known by the title here borne, was afterwards too notorious as Francis Stuart, Earl of Bothwell. He was son of John Stuart' Prior of Coldinghame, an illegitimate son of King James V., who died two years before the date of this charter. Queen Mary, his aunt, became, it appears, his Tutrix, and had already conferred on him at least some of the titles and lands of the Gordons, who were forfeited in 1562, and not restored till a year after the date of this charter. The seal appended to the charter gives a shield of the royal arms of Scotland bruised with a bend dexter, and circumscribed— SIGILLUM FBANCISCI DNI DE BADZENACH ET EYNGZE. Carta Alexandri Innes de Rothnakenzie. [1565.] Omnibus hanc Cartam visuris vel audituris ffranciscus dominus badyes— nocht et terrarum et baronie de eyndye ac foreste de boyne Salutem in domino Sempiternam Quia terre et baronie de endye et foreste de boyne in manibus supreme domine nostre regine deuenientes ratione processus et sententie fforisfacture contra Georgium olim Comitem de huntlie legitime deducte sua serenitas me in eisdem cum tenentibus tenandriis et libere tenentium seruitiis earundem hereditarie infeodauit volens quod libere tenentes per me in suis tenendriis non obstante dicta forisfactura infeodarentur sicuti infeodati fuerunt in eisdem ante dictam forisfacturam Noueritis igitur me consensu et assensu Serenissime principis Marie Scotorum regine mee tutricis legitime constitute dedisse . .• . dilecto meo Alexandro Innes de Cromby heredibus suis et assignatis quibuscunque omnes et singulas terras de rothnakenye neuraik bartanhillis dunnymade dimidietatem terrarum de newmyllis duas croftas de Lantiescroft et Fymmeiscroft nuncupatas cum pertinentiis earundem Jacentes infra dominium foreste de boyne et vicecomitatum de banff Quequidem terre cum pertinentiis perprius hereditarie fuerunt dicti Alexandri et quondam Jacobi Innes sui patris per ipsos Immediate tente de dicto Georgio olim Comite de huntlie per servitium varde et relenii prout in antique suo infeofamento earundem latius continetur • Tenendas et habendas omnes et singulas predictas terras . . . dicto Alexandro Innes heredibus suis et assignatis de me heredibus et successoribus meis baronibus dicte baronie et terrarum de boyne in feodo et li<Tnliiat<- imperpetuum per omnes rectas metas suas . . . Reddendo inde annuatim dictus Alexander Inneis heredes sui et assignati mihi heredibus meis successoribus et Assignatis Seruitium debitum et consuetum unacum warda et releuio cum contigerint ac etiam tres sectas ad curias meas capitales apud colsalvardlie annuatim tenendas tantum pro omni alio onere ... In Cuius Rei testimonium presentibus manu prefate Supreme domine nostre regine mee tutricis prescripte in signum ipsius consensus et assensus ad premissa subscriptis sigillum meum proprium est appensum apud Edinburgh die vicesimo quinto die mensis Martii anno domini Millesimo quingentesimo Sexagesimo quinto Coram hiis testibus magistro Johanne Spens de Condy advocato dicte Serenissime Regine Michaele Schaw et petro dischiugtoun cum diuersis aliis Marie R. Apponctment betyx Nicolas commendatour of Ferae and Alexander Innes of Plydis. [1566.] At the Channonry of Ross the twenty day of Junii the yeir of God M Vc Saxtie Sax yeiris It is appoyntit aggreit compromittit and fynalie endit Betwix ane venerable Nicholas provest of tayne and commendatar of feme on that ane part and ane honorable man Alexander Innes of playdis on that uther pairt in maner forme and effect as efter followis That is to say fforsamekle as the said venerable hes obtenit our Soueraue Lord and Ladeis lettres chargeing the said Alexander Innes as heretable bailye of the toun and Imminitee of tayne to hauld court and courtis als oft as neid beis and sal be requirit thairto be the said provest within the boundis of the said toun and Imminitie of tayne As alreddie the said Alexander hes bene chargit thairto within thre dayis under the paine of horning And that the Justice be ministrat in the said toun and Imminitie of tayne likas at mair lenth is contenit in our said Soueraue lord and ladeis lettres and executioun thairof Athir the fornammit parteis for eschewing of cummeris extinctioun of pley amitie and concord to be hade betwix thame in tyme cummiug hes compromittit thame in venerable men that is to say Maisteris Duncan Chalmer Chancellar of Ross Andro Leslie persoun of Snaw and George Dunbar parsoun of Kilinvir Juges arbitratori:} and amicable compositouris Gevand Grantand and Committand to thame thaire full plane power to cognosce and decerne upon the haulding and fensing of Court or Courtis within the said toune and Imminitie of tayne and siclik anent the eschatis and quhyte unlawis thairof Quhilkis pairteis foirsaidis being first sworne to abyde at the decrete and deliuerance of the fornammit Juges arbitratouris and amicable Compositouris Acceptand the burding and charge of the saidis debatable actiouns upoun thame And ather of the saidis parteis richtis reasones and allegations be the forsaidis Juges hard considerit and thairwith riplie advisit In presens of baith the saidis pairteis and of thair consent be this thair deliuerance decrete and finall sentence ordanis pronuncis and decernis And als for fiuall sentence gevis that the said Alexander bailye foirsaid sall hauld court and courtis and fenss the samyn in oure Souerane Lord and Ladeis and in the said provestis name as use hes bene in tymes bigane alas oft as neid beis and sal happin him to be requirit be the said provest and forder ordains and decernis that the said Alexander bailye forsaid sall mak creat constitut and ordinal his deputis and membris of Court be the adviss and Counsell of the said provest as use hes bene in tymes bipast and quhen ony eschatis of Courtis happinis to fall within the said toun and Imminitie of tayne the said bailye his officiar sall concur and assist with the said provest his officiar and Inbring the twa pairt thairof to the utilitie and proffitt of the said provest and the third part to the said bailye for his service and executioun of his office of bailyerie in maner Q

foirsaid providing always that all quhyte unlawis that sal ha ppin to ocurr within the said toun and Imminitie be reservit to the said provest in tyme cuming Quhilkis the saidis Juges Reseruis be thir presentis and ordanis this present decrete to be obseruit and kepit be the saidis parteis and ilkane of thame Respective for all the dayis of thair lyftymes and forther ordanis this present decrete to be registrat in the Coinmissaris buikn of Ross and have the strenth of ane act and of the said Commissaris decrete Quhairthrow process may be hade thairapoun contrar the brekkaris thairof under the panis of horning In Witness of the quhilkis the fornammit Juges and parteis abone writtin hes subscriuit thir presentis with their handis day yeir and place aboue writtin Before thir witnessis Donald Ross in Sandweik Alexander Ferme portionar of petkalyeane Schir Johne greresoun Seruitour to the said Chancellar of Ross Schir Johune Nicholsoun vicar of Lagane Schir James buchart and Schir Alexander pedder notaris publict Sequuntur Subscriptiones Maister Duncan chalmer with my hand Maister Andro Leslie with my hand George Dunbar persoun of Kilinvir Nicholas provest of tayne and Commendatar of feme Alexander Innes with mv hand Sequitur forma Acti Actum vigesimo die mensis Junii Anno domiui MVC Sexagesimo Sexto in presentia Domini Commissarii Kossensis The quhilk day the foirsaidis Nicholas provest of tayne and Commendatar of ferne and Alexander Innes of playdis bailye of tayne ar cumin actit and oblist be the faith and trewth of thair bodeis be the ostensioun of thair richt handis respectiue to fulfill all and sindrie the punctis and articulis aboue mentionat in this present decrete every ane for thair awin pairt under the pains of hornyng Before the Witnesses aboue mentionat / Alexander pedder Notarius publicus ac scriba Curie Consistorialis Rossensis manu sua Extractum ex libris contractuum sedLs consistorialis Rossensis de verbo in verbum nil addendo neque diminuendo quo substantia rei mutari poterit per me Alexandrum pedder Notarium publicum ac scribam dicte Curie consistorialis Rossensis Testante hac mea subscriptione manuali. A Pedder Scriba Rossensis S.

A long pause in arranging these notes has had one good effect, in enabling me to benefit by materials that have come to light recently. Some friends engaged in similar pursuits have found entries in public records which had escaped me; and Colonel Seton Guthrie, a gentleman on whom I had not the claim of previous acquaintance has, with rare liberality, given me access to the charters of the Dunbars of Hempriggs, his ancestors. From these sources I have selected some documents and incidents touching my subject, and throwing some light on old life and manners in the North. I may be allowed to mention that in the rich charter-chest of Hempriggs—which goes quite back to the parting of the succession of the Dunbar Earls of Moray between co-heiresses in the middle of the loth Century—other Moray families, as the Ogilvies, Brodies, Cummings, and Grants, will find some of the earliest notices of their ancestors. With some hesitation I have considered it more convenient to retrace my steps to take up these omitted notices here, than to treasure them for a bulky Appendix at the end of the volume. The indulgent reader will therefore please to return with me to the time of Laird .Tamt's,—James with the beard—armiger of King James III., whose name is among the barons of the last parliament of the King, held at Edinbuigh in January, the end of tin' year 1487, and who no doubt rode with his Royal master to his last field on St. Barnabas Day, 1488. Laird James of Innes was not slain with the King however, and seems to have recovered the favour of the Prince whom he had fought against. The following documents illustrate his life before and after the King's death, and introduce us to the alliances and the feuds between the Inneses and Dunbars, which fill too many pages of the Records of Scotch Criminal Courts. In 1487, (26 Jan.) William Sutherland of Duffus contracts with James Dunbar of Cumnok, on the part of his father Sir Alexander Dunbar of Westfield, Knight, "to cose his lands of Brychtmony and Kinstarie with the lands of Westfield, at the sichi and discretioun of honorabil men, Sir Alexander Seyton of Meldrum, Master Alexander Sutherland, vicar of Inverness, and James of Innes of that ilk, thai beand sworn thairto, to keip baith the parties fra skaith." Infra burgum de Edinburgh, in camera M. Ade Gordoun Precentoris Moraviensis, bora quasi 4 post meridiem . presentibus . . . Jacobo Innes de eodem, Alexandra Dunbar junior! et Thoma Chisholme. It would be curious to trace the residence or visits of our old Kings in the pleasant plain of Moray. William the Lion, from the dates of his charters, must have had places of abode at Elgin, Forres, Nairn, and Inverness; and the two Alexanders were frequently in the country for war or for peaceful enjoyment. James II. on coming down to arrange the forfeited Earldom of the Douglas Earl of Moray, evidently fell in love with Morayland and its sports, and lingered long about the Chanonry of Elgin and Darnaway. James IV. had an additional attraction to Moray. He had settled his early love, the lady Jean Kennedy, at Darnaway, and given their son a grant of the great Earldom; and afterwards, when riding on pilgrimage to Saint Duthac of Tain, he would turn aside to visit the banks of the Findhorn. It may have been on one of these journeys of mixed love and religion, that the King rested at Innes. The two following deeds mark the date of the visit (31 Aug. 1490) and also evidence the existence of a domestic chapel at the "place" of Innes.1 Instrumentum super resignacione terrarum de Strethawne. In Dei nomine Amen Per hoc . . . publicum instrumentum . . . pateat . . . Quod anno incarnacionis Dominice millesimo quadringentesimo nonagesimo die vero mensis Augusti vltimo . . . Coram excellentissimo serenissimoque principe ac domino nostro Domino Jacobo Quarto Dei gracia Scotorum Rege illustrissimo et regni sui anno tercio . . . comparuit honorabilis vir Walterus Stewart de Strethowne miles coram celsitudine dicti Domini Regis cum omui subiectione famulatu et reverentia genibus flexis vt decuit . . . sua mera pura et spontanea voluntate . . . omnes et singulas suas terras fortalicium maneriem [et] turrim suam [de Drummyn] et dominium suum de Strethawne . . . infra vicecomitatum de Banff ... in manibus prefati Domini nostri Regis tanquam in manibus domini superioris carundem . . . per fustim et baculum . . . simpliciter resignavit . . . Acta erant hec in capella infra locum siue mansionem de Inneys bora vndecima ante merediem aut eocirca . . . presentibus ibidem reverendis in Christo patribus Roberto Andrea et Andrea ecclesiarum Glasguensis Murrauieusis et Orcadensis episcopis / nobilibus et potentibus dominis Archebaldo comitc Angnsie domino de Dowglas / Laurentio domino Oliphant / Alexandro Home de eodem / Jacobo limes de eodem / ac etiam providis viris Willelmo Cwmyng Andrea Wod et Davide Caldwelt cum multis aliis in magno numero ibidem congregatis testibus ad premissa vocatis specialiter et rogatis. i These are from old copies in the General collated with the Register of the Great Seal, Register House at Edinburgh—the latter, book xii., No. 248. Carta Alexandri domini Gordoune super terris et dominio de Straithdovn. Jacobus Dei gracia Rex Scotorum . . . Sciatis nos . . . dedisse . . . dilecto consanguineo nostro Alexandro domino Gordoune magistro de Huntlee Omnes et singulas terras et dominium de Straithovn . . . jacentia infra vicecomitatum nostrum de Banff . . . Que . . . fuerunt Walteri Stewart de Straithovn militis hereditarie Et quas . . . idem Walterus ... in manus nostras apud Innes . . . simpliciter resignauit ... In cuius rei testimonium huic presenti carte nostre magnum sigillum nostrum apponi precipimus Testibus reverendis in Christo patribus Roberto episcopo Glasguensi Willelmo episcopo Aberdonensi dilectis consanguineis nostris Colino comite de Argyll domino Campbell et Lorne cancellario nostro Patricio comite de Bothuile domino Halis etc. Alexandro Hume de eodem magno camerario nostro Willelmo domino Sancti Johannis magistro hospicij nostri ac nostro thesaurario Johanne domino Glamys Johanne domino Drummond iusticiariis nostris venerabili in Christo patre Johanne priore Sancti Andree nostri secreti sigilli custode Andrea domino Gray Laurentio domino Oliphant et dilectis clericis nostris Magistris Richardo Mureheid decano Glasguensi rotulorum nostorum et registri ac consilii clerico et Archibaldo Quhitelaw subdecano Glasguensi secretario nostro Apud Innes vltimo die mensis Augusti anno Domini millesimo quadringentesimo nonagesimo et regni nostri tertio. The first notice of the young Laird Alexander, the 17th laird according to Forbes's enumeration, is found in the Hempriggs charter-chest. In 1492, (18 Sept.) an Indenture was made at Dernwa between Alexander Dunbar of the Westfield knicht and James Dunbar of Cumnok knycht on the one part, and Farquhar Makintosh son and apperand air to Duncane Makuitosh captain of Clanquhattane, on the other, for keeping brotherhood—for marriage—and gift of Durris to Mackintosh by the Dunbare—safand the band maid be baith the said parteis to Johne the Grant of Fruchie, and the band out tayn maid betwix the said Sir James Dunbar and Alexander Innes of that ilk of befoir, to stand saif— in to the tym that it be understandin be the law ane breyk betuix thame anent the said band. And gif it happnis the said Sir James and Alexander Innes to be drawin to Concorde and unite, the said Sir James sal not agre with the said Alexander foroutin the avis and consent of the said Farchar, giff the said band beis dissolvit be the law. And gif ther hapnis ony brek, contraversiis, actionis or debatis betuix the said persons as God forbid it do, then certain judges are chosen; for the Dunbars, W. Lord Crechtoun, W. Sutherland of Dnffus, David Ross of Balnagown, and Master James Grant—for the Mackintoshes, Alexander lies of Lochelsh, Sir James Ogilvie of Deskford knight, John the Grant of Fruchy, and Walter Ogilvie. There is a fine array of Highland witnesses, and the two Mackintosh seals are entire, quarterly—1 & 4 a lion—2 & 3 a galley. In 1493 (4 Dec.) we have a contract of marriage—very long, in Scotch— between Alexander Innes of that Ilk and James of Dunbar of Comnok knicht: Innes to spouse and have to wife Christian of Dunbar dother to the said James: Because of known consanguinity of ferd simple degree of kin, Sir James to cause a dispensation to be brought home at his expense. The tocher is 1100 merks, payable in the cathedral kirk of Elgin: Sir James is to cause his father Sir Alexander Dunbar of Westfield knicht, to bind his lands and put Innes in fee thereof—Moyness and Goldfurd in Nairn, Petquhinsy in Frendracht regality, holden of the Abbot of Arbroath, in Banff: Achcorsk in Banff, Lingetston in Forres. The witnesses are Andrew Bishop of Moray, D. Strathachyn, Berrold Innes of the Halton, Alexander Dunbar of Kilbowac, John Innes of Dunkempty (the notary styles him in Dunkempty) Donald Thome notar. Both parties subscribe thus; Alexander Innes of that ilk manu propria—James Dunbar of Cumnok knycht. Innes's seal is almost entire, the shield couche, quarterly, 1 & 4 Innes, 2 & 3 Aberchirder. [graphic] In the Register of the Privy Seal are recorded several tacks set l-y the King to Alexander Innes of that ilk, of the lands of Newton of Spey, and the Redhall, with all the King's fishings of the water of Spey, in August and in October, 1496. There is a Papal dispensation for the marriage of William Innes and Agnes Abernethie, tertio affinitatis gradu tibi atlingentes, Romae apud S. Petrum 7 id: Nov:pontif: Clem: VII. ann: 5, (1528.} The feuds of the Inneses and Dunbars raged highest in the middle of the 16th Century, in the time of Laird William, whom our author numbers the 19th Laird of Innes. The sword was not the only weapon of these belligerents Like most of their countrymen of that age, they used the law and courts of justice as engines of persecution. In the criminal court the rival names were alternately accusers and accused, and not satisfied with the clan feud, each name is often found at war within itself. Even churchmen and dignified ecclesiasties were not respected or safe. We may suspect that their own gowns now and then covered some weapons of war. The whole country indeed was in a blaze of discord. In 1555, the peaceful citizens of Aberdeen put up a petition to the Queen Regent to this effect:— "Madame,—We Alexander Jeffray baxter, Johnne Arclay cordinar, Alexander Reid tailyeour, for us and the remanent puir craftismen of the burcht of Abirdene [complain] that quhair we are new summond to pas upoune the assize betuix the Inneses and Duubarris, like as we have bene, diverse tymes this yeire summond of befoir be your gracis pursewantis and messiugers to pass upon assize in actionis distant fra us fourty, fifty and sixty of mylis, that we knaw na thing thairof, mair nor thai that dwellis in Jherusalem, and swa Madame we are heavily trublit and herreit heirthrou:" and so praying to be exempt from Jury service, without it be for actions done within the burgh—on which the Queen Mother wrote a fiat ut petitur, Marie R. One of the incidents of that fierce feud I am tempted to give here, though the narrative is that adopted by the Crown from the accusing party, and may be exaggerated. But I believe the reply of 'the accused party would have resolved

itself into mere recrimination—" That which we did to you, you would have done to us if you had had the chance." On the first day of January, 1554, the Inneses to the number of 80 persons, all armed, came to the Cathedral of Elgin during vespers, and, of ancient feud and forethought felony, cruelly invaded Alexander Prior of Pluscarden, Mr. David. Dunbar Dean of Moray, and other Dunbars, laymen, with purpose to slay them, in presence of the holy sacraments. It must be said the Dunbars had come to the Church, on the otner side, with a like deadly intent, but not against Churchmen. They had only intended to slay William Innes of that ilk and his servants. The Laird of Innes of the broil in Elgin Cathedral, we know as "William Innes off that ilk," who is recorded among the Barons of the famous Parliament at Edinburgh, 1560, which abolished the jurisdiction and authority of "the Bishop of Rome called the Paip," and ratified the "confession of faith professed and believed by the protestants within the realm of Scotland." Of the doings and success of the rival clans on that first day of January, we do not learn much, and can only imagine the scene of violence and blood defiling that solemn temple. The battle was not decisive, for both parties had recourse to clamorous legal proceedings, during twenty years, with only such trials of more mortal weapons as accident threw in their way, till the 18th of October, 1577, on which day the slumbering fire broke out afresh. It is a new generation. The persons are different, but they inherited the names and blood-feud of their fathers. The Royal letters are against the Inneses this time, and this is the story they tell. John Innes brother-german of Robert Innes of Invermarkie, John Innes, alias lang John, John Innes son of Barold Innes in Whitraw, Andrew Innes, ••'""•• Kow-the-gegat, Andrew Innes, alias the scholar, George Douglas vicar of Aberchirder, and others their followers, came, armed, in feir of war, with corslets, head-pieces, swords and shields, to the Manse of Mr. Alexander Dunbar, the Dean, in the Canonry of Elgin, and while he was abiding in peaceful manner within his house, they beat and wounded Andrew Smyth, his servant and keeper of his horses, broke up the stable door, and cut the halters of four of his horses, intending to take them away. The Dean, roused by the extraordinary disturbance in the close of his Manse, came out from his chamber alone, in his gown (toya cinctus) and altogether without arms, except the dirk CpugioneJ which he always carried. John Innes (we do not know which of the three) immediately attacked him with his sword, and wounded him cruelly on the head and both hands, by which wounds he will for a long time be disabled. And so they left him, where he would have died, if help had not come. And the said John, Dot satisfied with his -blood, most cruelly, horribly, and without mercy, slew Elizabeth Dunbar, the Dean's eldest daughter, a girl of 13 years old, killing her with a thrust of his sword in l:er breast, and left her dead on the ground. . For that bloody deed the Inneses were indicted, but fled from iustice, and remained "at the horn" in company with other broken men, till on 29 May, 1579, they, under silence of night, in manner of robbery (per modwn briganeie) and sorning, came to the Dean's lands of Carsehillock, and carried off 40 sheep, wethers, ewes, and lambs. Upon this narrative the King grants commission to the Sheriffs of the Shires of Aberdeen, Banff, Elgin, Forres, Nairn, Inverness, to Provosts of Burghs, and to the Baillies of the Regalities of Pluscarden and Kinloss, to apprehend the murderous robbers, and bring them to justice—with authority to siege, burn, and destroy any fortalices where they may take shelter. At Stirling, 4 June, 1578.' In a similar case James V. had issued letters of fire and sword against the whole Clan Chattan, (Anno 1528) and commissioned the Earl of Moray "to leif na creatur levand of that clan, except priestis, wemen, and barnis," and the Earl, nothing loath, had caught and hanged 200 of the Mackintoshes. But the commission of James VI. in 1578 was not so effectual, or else the two parties at feud thought they could arrange their difference without such extreme measures. At the Clwne hills beside Forres, on 7 November, 1578, Lachlan M'Intosche of Dunachtyn and Robert Innes of Innermarkie for their kin and friends, and Dean Alexander Dunbar and James Dunbar of Cumnok for their party, submitted their disputes to the arbitration of George Bishop of Moray, Robert Munro of Fowlis, Walter Urquhart, Sheriff of Cromartie, Alexander Falknar of Hakyrtowne, John Gordon of Cairnboro, and Andro Meldrum of Dumbreck as neutral friends; with this proviso—that till their final decreet be pronounced, none of the Dunbars repair or resort be-east the cairn of Kilbuyak, nor any of the name of Innes repair within the burgh of Forres. Like wild cats they must be kept apart lest they should fly at each other's throats. i Commission in the Hempriggs charter- See also Pitcairn's Criminal Trials. Anno chest. 1555. R
CHARTERS AND NOTES. CHAPTER IV.—REIGN OF JAMES VI. I note the following documents in our charter-chest in the order of their dates. Reversion by William Sinclair of Dunbeth of the landis of Lewcheris, in the barony of Urquhard, Regality thereof, and Sheriffdom of Elgin and Forres, to Alexander Innes of Crommye . . . quhat tyme and als sone it sal happin the said Alexander Innes of Crommye his airis and assignais to content pay and delyuer to me the said William Sinclair of Dunbeth my airis and assignais betwix the uprising of the sone and doun passing of the samyn togidder and at anis in ane Soume within the paroche Kirk of elgin The soume of ane thousand markis usuall moneye of Scotland haiffand courss of payment for the tyme • • • granted at the burght of Elgin the 29 day of Maii 1570. Witnesses Johne Annaud provest of Elgin Arthour Forbes sone and apperand air of Alexander Forbes of Carnecowillye. Alexander of Crommy was the son and heir of James Innes of Crommy, who fell at the field of Pinkie-cleuch, A. 1547. A charter by Alexander Innes of Plaiddis and Catboll to George Monroe of Dawachcartie, of the lands of Petkandie and Glaktamalenye in Ross, at Elgin, 15 November, 1573, confirmed by Sir William Douglas, Chaplain of St. Laurence, and Thomas Brabener, chaplain of St. Mary Magdalene in the Cathedral Church of Moray, superiors of the said lands. Precept by William Sinclair of Dunbayth with consent of Margaret Innes his wife, to infeft his son and apparent heir, William Sinclair of Stambuster, in the lands of Uver and Nethir Mainbanis and Inche, in the Regality of Spynie; and Lucharis, in the Regality of Pluscardy, 27 Feb., 1575. Witnesses, William Innes of Thursetter. Both granters sign. Decreet Crummye v. Plaiddis. At Edinburgh the xx day of December 1576 yeris In the actioun and Caus persewit be Alexander Innes of Crumme aganes Alexander Innes of plaidis . . . the rychtis resonis of the saidis parteis herd seine and understand Togidder with the depositiounes of dyvers famous witnesses The Lordis decernis and ordaines the said Alexander Innes of plaidis to heif done wrang in the maisterfull occupatioun fra the said Alexander Innes of Cromme of all and haill the saidis landis of Reidhall with the haill profeittis thairof yeirly extending yeirly to the quantite aftir following four Scoir bolls ates Sawing estimat .to the secund Corne price of the boll with the fother yeiris ourhed xiil s. ivd.xxn bolls beir Sawing estimat to the thrid Corne price of the boll with the fodder yeirly our heid xxvi s . vui d. twa bolls quhete Sawing and twa bolls ry Sawing bath estimat to the seeund Corne price of the boll with the fodder yeirly our heid xxvi s. vui d. and twa bolls peis estemat to the secund Corne price of boll with the fodder yeirly ourheid xxvi s. vili d. and the profeittis of fyfty Soumes griss gudis yeirly during the said space price of ilk Soume yeirly xn d. mony of this realme And thairfoir decernes the said Alexander Innes of plaiddis to refound to the said Alexander Innes of Crumme the foirsaidis proffeittis And als for the Soume of ten pundis as for the expenssis maid be the said Alexander Innes of Cromme in obteyning this present decrete in forme as effeiris. In 1575 the Laird of Innes was in ward in Edinburgh, for what cause I have not discovered. On the 8 of January, that is, towards the end of that year, Robert Innes of Innermarky, and James Adamson a burgess of Edinburgh, bound themselves as caution in 1000 pounds that Alexander Innes of that ilk, being relieved from ward in Edinburgh Castle should not go beyond the bounds of the town: and on the 18 February this bond was discharged by the Regent in Council, in order that the Laird of Innes might do his utter and exact diligence to apprehend John Innes in Garmach, called the "Sweet man," Thomas Innes called the "Little," John Adam called " meat and rest," and John Innes called the " Noble," and to bring them to justice for slaying David Mawer of the Loch—which the Laird had undertaken, under pain of 1000 pounds.1 The following letter—the first letter of correspondence I have lighted upon, among these family papers—has reference to the atrocity told so circumstantially by our historian at p. 24, but throws no additional light upon the circumstances of the assassination, nor on the subsequent conduct of the Regent Morton, which indeed wants confirmation. At the date of this letter, it would seem the victim of the assassin was still alive. Perhaps he was not the Laird of Pethnik but his brother. To the rycht honourabill the Laird of Crommy. Rycht honorabill, eftir my maist heartly commendatioune, I understand ye haif hard at leynth alreddy quhow the unhappy Laird Innes hes delt with me in this turn, as this bearer can declar, the quhilk war verie langsum and tedeus to writt, quhairfor I committ the credit thairof to him to declair the haill discurs, in respect he was baytht party and whiles unto me like ane kynd faythtfull freynd and gentilman. Johne Kynnaird is remainit still heir upoun sum busynes of his awiue. Thair was certaine knychtis maid at the erle of Buchanis brydaill at this last triumphe of mariage, hot in guid faytht he is alss worthy to be knycht for his manheid as ony of thame or yit at was in our dayis, and na less schawin to the Regentis grace and speciale be george Auchinlek. gif my brudir levis as I traist in god he sall, I think us litill behynd the hand with the mischeant fule, yit god rewaird my gud fallowschip. thair is mi newis nor occurencis at this present and as ony hapnis to occur ye salbe aduerteist, and I can nocht steir quhill I se how my brudir dois. Na forder at this present but lettis the present mak mi heartly commendatioune to ye and your wyif quhom witht ye I commit to god. fra Pethnik the xxiii of December 1577 yours at command J Innes of Pethnik

This is the last notice I find of Laird Alexander—" the proud and positive" laird of our Historian, "though very gallant"—the "mischeant fule" of his i Privy Council Record, quoted in " Domestic Robert Innes of InnennarUy, and John Inncs Annals of Scotland, by Mr. 1{. Chambers." "callit Johnne the Sweitman," on the other, This was perhaps the sequel of a feud between noticed in Privy Council, 25 Sept. 1567. Reg. Alexander Uunbar of Cumuok knight, Sheriff Acta, 1567—15G9, p. 48. of Elgin and Forres, &c., on one side, and clansman's letter. Whether he was beheaded by Morion as Forbes relates, or no, he now leaves his place to his weak brother John. Next comes the contract between the kinsmen, •.>. Inch was the immediate cause of the family tragedy. Contract of tailyie betwix Jhone Innes of that Ilk and Alexander Innes of Cromby. At Edinburgh the fyftene day of Marche the yeir of God jm v° Ixxvij yeris It is apontit contractit and fynalie agriit betwix rycht honorabill parteis Jhone Innes of that Ilk on the ane part and Alexander Innes of Crommy on that other in maner and forme as efter follovvis That is to say the saidis parteis Johne and Alexander Innesses remembering of ... houssis to have . . . anent and standand at thair surnames thir many yeiris bypast, willing now the perpetuitie thairof abyd and continew in tyme to cum be sic honest means and prouisioun as may be maist conuenientlie deuysit Be the tenour heirof Bindis and obleissis thame thair airis mutuallie . . . utheris That the said Johnne Innes now of that Ilk being Infeft in all and haill the landis and baronie of Innes and utheris underwrittin sall be him selff or his sufficient procuratouris laufullie authorisit compeir before our Soverane Lord the Kingis Majestie or quhatsumeuir berand the authoritie for thetyme habill to resaue the resignatiounis eftir specifeit and thair with all reverence sall resigne and upgiff in his hienes handis or other berand the authoritie for the tyme as said is all and haill his landis and barronies of Innes Abircherdour Kilmalemok Garmok his landis and mylnis within the lordschip of forest of Boyne with thrallit multeris of the haill lordschip thairof and utheris annexit thairto quhaireuir the same lyis witht woddis milnis Salmond fischingis townis fortalices tenentis tennandriis seruice of frie tennentis with thair pertinentis aduocatione and donatioune of benefices and chaplanriis and quhatsumeuir utheris land he sall happin heireftir to be Int'cft in haldin immediatlie of our Souerane Lord or utheris his superioris within the realme be redemptioune of sic landis as hes bene annaliit be his predecessoris be conquest or otheruyiss howsaevir For new infeftment of tailye to be maid and grantit be our said Souerane lord the said Jhonis immediat Superior off the saidis landis and baronie of Innes and utheris abone writtin annexit thairunto In fiauoris of the said Jhone Innes now of that Ilk and his airis maill lauchfullie gotten or to be gottin of his bodie quhilkis failyeing be lauchfull procreatioun of air maill to maill be lineall descent to the said Alexander Innes of Crommy and his airis maill lauchfullie gottin or to be gottin of his body and failyeing thairof to the said Alexanders nearest and lauchtfull airis maill berand the name of Innes and armes of his hons of Crommy And in likmaner the said Jhone sall compeir be himself or his sufficient procuratouris foirsaidis befoir quhatsumeuir his Superioris of quhom he haldis or sall happin to hald ony pairt or portioun of his saidis landis and in maner foirsaid sall resigne the samine for new infeftment of tailye to be maid and grantit thairof be thame in maner and to the effect abone rehersit ffor • • • and profytiug of the saidis Infeftmentis of tailye for the pairt of the said Jhone Innes of that Ilk the samyn being first done The said Alexander Innes of Crommy for his pairt or his sufficient procuratoris instructit for that effect sall compeir befoir our said Souerane lord and utheris berand the authoritie for the tyme as is abone specifiit and thair resigne and upgiff his landis and baronie of Crommy witht tour fortalice manure place thairof woddis milnis pertening to him for infeftment of tailye to be maid thairof to the said Alexander and his airis maill lauchfullie gottin or to be gottin of his body quhilkis failyeing to the said Jhone Innes of that Ilk and his airis maill lauchtfullie gottin or to be gottin of his bodye and failyeing thairof to the said Jhonis narrest and lauchtfull airis maill berand the surname and armes of the houss of Innes quhatsumeuir and in semblable maner sall compeir befoir his other Superioris and mak resignatione of quhatsumeuir his landis and heretages and salmond tischings quhairin he standis presentlie Infeft or sall happin heireftir to be infeft for lyk Infeftment of tailye to be maid thairof in maner as is abone conteinit The quhilkis mutuall Infeftmentis sall be exped in forme as effeiris upone the just equall expenssis of the saidis Johne and Alexander and failyeing of thame thair airis at the leist conforme to the valour and quantitie of the saidis landis quhairupon the saidis Infeftmentis sall pass how sone or quhat tyme our said Souerane lord being of perfyte yeiris sall be habill to ressaue the saidis resignations in his handis and grant the saidis Infeftmentis of tailye conforme thairto and the other Infeftmentis to be past be the utheris Superioris of the saidis contracteris to be done and exped eftir lauchtfull requisitione to be maid be thame or athir of thame or utheris to the perpetuall weill and mantenance of athir of the saidis houssis and the saidis Infeftmentis of tailye to be mutuallie exped as said is nawayis to be preiudiciall to be infeftmeutis of lyfrent or coniunct fie grantit be the said Alexander Innes of Crommy to esobell forbes his Spouss or quhilkis heireftir sall be grantit induring his lyftyme neyther also to the Infeftmentis quhilkis the said Jhone Innes of that Ilk sall grant to his future Spoua during hir lyftyme alanerlie Alwayis the dispositioun of this present contract tuiching the saidis mutuall Infeftmentis of tailye nocht onlie to be understand of the landis quhairin athir of the saidis parteis standis infeft for the present bot of all and quhatsumeur that sall happin to be acquirit be thame in ony tyme heireftir be redemptioun of vedsettis conquest successioun or ellis Lowsaeuir heirto faithfullie bindand and obleissand thame and thair airis And to that effect becaus thair ar diuerss reuersionis grantit to thame and thair predecessoris in commoun forme for redemptioun of thair vedsett landis They will be thir presentis that the samyn reuersionis be tailyeit to athir of thair houssis as is abone specifiit And gif it sall happin as god forbid the saidis personis or athir of thame to deceis befor the expeding of the saidis Infeftmentis of tailyie be thair resignationis to be maid to that effect without airis maill procreat of thair bodeis sa that thair said landis or ony pairt thairof sall befall to thair airis femaill and thay succeid thairto In that caice they bindis and obleissis the saidis airis femaill that being enterit to thame or ony pairt of thame in the saidis landis they sall incontinent thaireftir mak resignatioun thairof in the handis of the saidis Superioris for Infeftment of tailye to be maid thairof to the nerrest and lauchtfull airis maill lauchtfullie descending of athir of thair saidis houssis berand thair armes and surname as said is. and to the end that this contract and Intentioun thairof be na wayis frustrat the saidis contracteris and ilkane of thame williflglie and frelie interdytis tham selfis to utheris fra making of ony contract band promis or obligatioun or otheris to quhatsnmeuir quhilkis may be hurtful or prejudiciall heirto promittand athir of thame neuir to cum in the contrar heiroff. Atour the saidis pairteis bindis and oblissis thame and thair airis foirsaidis to mak Seall Subscryue and delyuer thair mutuall lettres of procuratorie sealit and subscryuit be athir of thair handis to otheris Constitutand thairintill thair lauchtfull procuratoris foirsaidis of the premissis in forme as effeiris betwix the dait heiroff and witsonday next to cum to be usit be thame and athir of thame for making of the resignatiounis of thair saidis landis And passing of the saidis Infeftmentis of tailye conforme thairto Lyk as also in caice of failye thairof thai will that thir presentis sall be ane sufficient mandat to grant power to sic as sall be nominat be athir of the saidis contracteris in caice of failye of the other incontinent thairwitht And seing the Intentioun of thir presentis is nocht that the airis of Lyn gottin or to be gottin of the foirsaidis contracteris to wit the said Jhone or Alexander or thair airis maill be preiugit in ony sort bot the weill of thame may be eonsidderit it is expreslie prouidit that in caice ather of the levyngis sall happin to be consolidatt with the uthir be failye of airis maill lanchtfullie gottin of thair bodeis In that caice gif it sall happiu to be . . . The partie to quhome the other leving sall accress . . . sall pay for the contentatioun fyne fyve thowsaud poundis money of this realme of ... to llkane . . . ane thousand pouudis money foirsaid. And for the mair suir keping and obseruing of the premissis the saidis parteis ar content and cousentis that thir presentis be actit and registrat in the buikis of Counsall and to haf the strenth of the decret of the letteris thairof and lettres to pass thairupoun at the desire of the partie complener for compelling the samyn to be fulfillit in forme as effeiris And to that effect makis and Constitutis for the pairt of Jhone Innes of that Ilk Mr ... titell and henrie M'inyen aud for the pairt of the said Alexander Innes of Crommy Mr Alexander Sym and Johne russall thair lauchtfull procuratouris to consent to the registering heirof . Subscryuit witht my hand day yeir and place foirsaidis befoir thir witnes Robert Innes appeirand of Crommy Thomas Innes appeirand of Edingeycht and Johne Kynnaird of Sarterhill

Jhone Innes off that Ilk  Alexr Innes off Crummy wyth my hand 

This was the weak Laird's seal, [graphic] CHARTERS AND NOTES. CHAPTER V.—THE TRAGEDY, 1580. I have said, the latter half of the 16th Century was an age of lawless confusion in Scotland. There were many elements of disorder at work, and a Government neither honest nor strong enough to repress them. Most families had their domestic revolutions at that time, but none more tragical than the Inneses; nor have I met with any single house mixed up with deeds of violence and blood so rapidly following as the race of Innermarkie, from the time of the fight with the Dunbars in the Cathedral and Chanonry of Elgin, 1554, to the execution of Robert of Innermarkie for art and part in burning Donybrissil and the slaughter of the bonny Earl of Moray and the Sheriff, in 1595. The date of the tragedy narrated in the fifth chapter of our History, is found in Master Walter Cullen's "Chronicle of Aberdeen."—" Alexander Innes lard of Crome wes slayne in Martin Howesone's howse, be the Lard of Enermarky, the xiii day of Aprill 1580 yeiri*."' That succinct chronicler finds nothing to remark on the slaughter; and I do not know of any other record of it, but the account which tradition had handed down to the Laird of Culloden. The manner of the murder, and the precaution of compelling the bystanders to stab the murdered man, "that all might be alike guilty," recalls more than one bloody history, and latest, the murder of Rizzio whose body showed 56 stabs. Another scene of the Tragedy, of a stranger character, is unfolded in the following midnight bond, where we have the murderer's son deliberately selling his father's life. 1 Maitland Club Miscellany, vol. II. The document seems to be in the hand-writing of the Master of Elphinstoun. A clerk has docqueted it "Letter Mr. Elphinstoun anent a conference betwix him and umquhill Robert Innes of Innermarkie." It is indorsed in an older hand,—

                    Ji si- MARIA  THE MAISTEB OF ELPHINSTODNIS LETTER. 

At the auld barne In Ines in the nycht the day of the yeir off god ane thousand fyve c four scoire yeris In the presens of us under subscryuand to wit Alexander Maister of elphinstouu Robert Ines off that ilk, olephare syncklare brother to William Syncklare of Dunbeytht, essobell forbess lady Cromy and elizabatht Ines hir dochter in law, comperit personallie robert Ines younger of Innermarkie, and faythtfulle promeist and sweir the greit aithe on the bybill als greit as we present for the tym enld deuyss, that he snld never for na occasioun pretend craiff ask or seick ony kynd off rycht intres or claime any part or portioun off the landis leiving and Lardscheip off Ines in prejudice or hurt of Robert Ines now of that Ilk, bot ther be his aithe ourgaiff for himself and all his, all rycht tytill of rycht kyndnes that he haid hes or any vays mycht haiff in the persone of the said robert Ines of that ilk to be peciabillie jossit possedit and bruikit be him and his at ther plesouris, nor hurt harme or preiuge the said robert Ines of that Ilk in his lyffe leiving or heretage derecklie nor indirecklie, bot Indnring all the dayis of his lyff to honour him mentein him and acknawlege him as cheiff and pryncepall to him. as also promesit be his aithe forsaid to causs sa mony of the naime of Ines as dependit on him to acknawlege in lyk maner the said robert Ines of that Ilk as cheiff, as inlykwayis promesit be his aithe, that be his moyane he suld fynd the way that robert Ines of that Ilk suld haif his fatheris lyff, and that onlie for the preseruatioun off the remanent naime off Ines, to the affeck thai might be all junit togither in ane freindscheipe, his fatheris lyff being taine, seing he was the Instrument of the slauchter and bluidscheid fallin amangis that Surnam. and the said robert Ines younger of Innermarkie, promesit be his aithe foirsaid, his fatheris lyff being taine, he suld fynd the vay that thai suld be all agreit within sevin or aucht oulkis or therby therefter, for the performance off thir heides foirsaidis The said robert Ines off that Ilk promeist be his aithe on the bybell lyk as the said esaobell forbess lady cromy also be hir aithe promeist to remit and forgiff the said robert Ines younger off Innermarkie all rangour and evill will fra thair hartis quhilk thai beir and buire to him for the crewall slauchter off Alexr Ines off Cromby and never to call summound nor accuiss him therfoire, but esteim him as ane freind at all tymes thereftir and as an veil willare and ane that wald sie the weill and standing off thair auin surnam. the said Master of elphinstoun promesit for his part and be his aithe to the said robert Ines younger off Innermarkie that gif he wald performe his aithe and promeis, he suld accompt him and esteim his freind and preseruare off his awin surnam and all tymes therfter suld do him all the plessour he mycht. and thairefter the said Robert younger off Innermarkie Inquyrit off the Lady in all our presens quha wald assist the lard of Ines or cum to the taiking of his fatheris lyff, the moyane beand maid for the getting thairof, quha ansurit the Master of elphinstoun, the lard Drumbreik and sick utheris as thai mycht procuire therto of thair best lowing freindis. and the said Robert younger off Innermarkie vas veray glaid that the Master of elphinstoun aigreit to be present thairat and houpit in God all suld cum for thair weillis and quyatness, he being taine away that was the prynsepell causser of sick bluid scheid amangis tham selffis etc. Sway it drawand neir day we dranke altogither in the said barne and everie ane past thair avin wayis. Ther was present at that tym with young Innermarkie bot com nocht within the barne "Oneill that leid his horse therout."1 And to testifie that thir haill premisses ar trew, the deid schortlie thairefter followitt as also sindrie lettres and handwreittis to produce quher the said robert Ines off Innermarkie maid the moyan sett the day and maid the aduertisment that nycht the lard off Ines with his pertaikarris suld end and performe the executtionis etc. as also sindrie lettres ar also to produce quher the said young Innermarkie hes keipit sindrie trystis with the Master of Elphinstoun with the Lady cromy and Olephaire syncklare sen the slauchter to deuyss quhow all thingis suld be quyattit, and quhow he suld eschew the bruitt and sklander of the moyane maker of the slauchter off his father, althocht he rather rynnis the courss dereck contraire his aithe and promeis, the narrest way to mack the treuthe manefeist etc. we under subscryuand will abyid at the haill foirsaidis contenit herein, as we sall ansuir to god and on our conscience, and sa mony as ar menkynd of us will defend with our handis quhat way Innermarkie sall pleis, nochtwithstanding our othir wreittis to testefie the samyn, hot we ar assurit quhene be his occasioun it sall com to tryall he is inn-ht abill to deny ane word contenit heirin with mekill mare quheroff he salbe accuisait as tyin sall offer. i These words are on the margin, substi- guMk umguhitt Mr TTtontat Gordone luik for the tuted for two lines deleted, part of which can byrnyng of the tarnis of Pleiclandu." Plewbe read "petre cruicksdumku and ane . . . Inndis is new Gordonstown.

A. M. Elphinstoun  Robert Innes off that ilk  Esobell Forbes 

CHARTERS AND NOTES. CHAPTER VI.—REG. JAG. VI.—WIL. & MAR. The Dennis accuittance. We maister Alexander Dunbar Dean of Murray and Catherein reid my Spous be the tennour heirof grantis ws to haif ressauit be the handis of Maister Johne Dunbar of Meftis and John Innes of Luchoris In name and behalf of ane Richt honourable Man Robert Innes of that Ilk Sone and air to vmquhile Alexander Innes of Crommy and Isobell forbes Relictt of the said wmquhile Alexander The Soum of ane thousand pundis usuall money of Scotland llessauit be the said wmquhile Alexander Innes of Crommy and Issobell forbes his Spous and conleanit in the obligatioun maid be thame to ws thairupoun for the quhilkis James Adamsone burges of Edinburghe wes oblessit as Cautioner for the said umquhile Alexander Innes and Issobell forbes conforme to thair obligatiounis respective grantit to us thairupon of the quhilk Soum we dischargis the saidis wmquhill Alexander Innes of Crommy I&sobell forbes his Spous the said James Adamsone thair Souertie and the said Robert Innes of that Ilk thair airis and assignais In Witness of the quhilk thing we haif subscryuit this present acquittance and discharge witht our handis At Elgin the tuentie day of february the yeir of God M V° four scoir four yeiria Befoir thir Witnessis Robert Leslie apperand of Dewglie, Johne Annand of Murrestoun Alexander Dunbar apperand of West Grange and Robert Strathquhyn Litster in elgin

Alexr Dunbar, dene of Murray.  Katherene Reid  Robert Leslye Witnes  Jbone Annand Witnes  Robert Strathauchin, Witness. 

The contract betwix tbe Laird Innes and Chancellare of Caithness anent the lands of Catbo and Paidis. At Ouer Hall of Cromy the aucht day of December the yeir of God M V" foure scoir foure yeiris It is contracttit betuix the rycht honorabillis Robert Inness of that Ilk and of crommy with expres consent of Issobell forbes relict of umquhill Alexander Innes of Crommy his father and lyfrentare of ane pairt of the landis underwrittin on the ane pairt and George Sinclair of mey and chancellar of Caithnes for himself and takand the burdene on him for Margaret forbes his spous on the uther pairt in maner following. The said Robert haifand all and haill the town and landis of Catbo with the pertinentis lyand within the regalitie of Spynie and Shirefdom of Inuernes and all and haill the toun and landis of littill Kylmuire with the ailhouss and brewlandis of the samin extending to the fourt pairt of ane dawach of land lyand within the diocie of Ross and Shireffdome foirsaid all pertening to him in fewferme and heretaig oblissis him his airis executouris assignais and successouris with consent of the said Issobell forbes as lyfrentar thairof to infeft heretablie the saidis george Sinclair and Margaret forbes his spous the langast levar of thame twa in conjunct fie and the airis gotten or to be gottin betuix thame quhilkis failyeand the saidis Georges airis and assignais quhatsumeuir In all and haill the forsaidis landis of Catbo with the fortalice thairof with the pertinentis lyand as said is as also in all and haill the saidis landis of litill Kylmure and pertinentis of the samyn lyand as said is ffor yeirlie payment of sik few dewiteis as is contenit in the said Robert and his predecessoris instrumentis thairupoun. and forther the said Robert and Issobell sellis to the said George and Margret All and haill the sevin oxin thrie horssis and twa chalderis twelff bollis ferme quhilk is presentlie on the Manis of Catboll Also all and haill the lettres of reuersionis concerning the redemptioun and outquitting of the landis of plaidis viz. plaidis pettagartie petmely ballacuth tollacheries Skardie with the mylne thairof . . . with the bailliearie of tayne and litill Kinteiss and the pertinentis lyand within the baronie of plaidis and shirefdome foirsaid. ffor the quhilkis caussis abone writtiu the saidis George Margaret and their foirsaidis sall pay and deliner to the said robert and his foirsaidis the soumo of Twentie thrie thowsand and fyve hundreth merkis In witness quhairof bayth the saidis pairteis hes subscriuit this present contract with thair handis day yeir and place foirsaidis Befor thir Witnessis Olyuer Sinclair brother german to William Sinclair of Dumbaytht Alexander forbes of Carnecowlie James forbes his sone John Sinclair Seruitour to the said george Sinclair of Mey Abacuch bisset Writtare and Johnne Dauidsoun notare publict. Robert Innes off that Ilk esobell forbes George Synclair off Mey Olyphair Synclair Witness Alex forbes Wittnes Johnne Dauidsone Witnes Johnne Sinclair witnes James forbes witness A bisset v, it ness

Carta de Cottis. Omnibus hanc Cartam visuris vel audituris Robertus Innes de eodem Salutem in domino Sempiternam noueritis me cum expressis consensu et assensu elspete elphingstoun mee sponse domine coniuncte Infeodatricis terrarum subscriptarum et pro perimpletione mee partis cuiusdam Contractus confecti inter me dictum Robertum cum consensu mee Sponse antedicte ex una et Alexandrum Innes filium legitimum quondam Johannis de Blakhillis partibus ab altera de data vigesimo die mensis Septembris Anno domini millessimo quingentesimo Octuagesimo quinto veudidisse Alexandro Innes suis heredibus et assignatis quibuscunque totas et integras villam et terras de Kottis cum suis pertinentiis jacentes in baronia de Innes et vicecomitatu de Elgin et fores Et hoc pro quadam certa pecunie Summa mihi per dictum Alexandrum Innes et Johannem Innes de Lewchiris eius nomine persoluta Tenendas et babendas Totas et Integras predictam villam et Terras de Cottis cum suis pertinentiis uniuersis predicto Alexandro Innes suis heredibus et assignatis de me dicto Roberto Innes de eodem meis heredibus et assignatis in feodo et hereditate Imperpetuum Reddendo Inde annuatim prefatus Alexander Innes sui heredes et assignati mibi prefato Roberto Innes meis heredibus et assignatis uninn denarium usualis monete Regni Scotie si petatur tantum . . . Apud Innes vigesimo primo die mensis Septembris Anno domini millesimo quingentesimo Octuagesimo quinto Coram his testibus Johanne Innes de Leucheris Olipherno Sinclar magistro Wilhelmo Meldrum de Montcuffer et Alexandro Annand burgensi de Elgin Notario publico Robert Innes off that Ilk Ita est Alexander Annand Notarius publicus ac testis in premissis ad her miniu propria Johne Inness vitnes Pneceptum sasinae Roberti Innes de eodem. Domina Annas Keyth Comitissa Argadie et Morauie Coniuncta infeodatrix omnium et singularum villarum terrarum et dominiorum Comitatus morauiensis antedicti cum suis pertinentiis Et sic nunc domina Superior villarum et terrarum subscriptarum Dilectis nostris . . . ac vestrum cuilibet coniunctim et diuisim Balliuis nostris in hac parte Salutem Sciatis quia per authentica documenta nobis Clare Constat notum et compertum est Quod quondam Alexander Innes de Cromby pater Roberti Innes de eodem latoris presentium obiit ultimo vestitus et Sasitus de totis et integris villis et terris de Reidhall, Stynie et Blakhillis cum pertinentiis jacentibus infra dictum dominium Morauie et vicecomitatum de Elgyn et forress Et quod dictus Robertus Innes est legitimus et propinquior heres dicti quondam Alexandri Innes de Cromy sui patris de totis et iutegris predictis villis et terris Et quod supradicte terre de nobis tanquam Comitissa Morauie tenentur in Capite per solutiouem unius denarii usualis monete Regni Scotie nomine albe firae Vobis igitur precipimus quatinua •
visis presentibus Sasinam hereditariam Totarum et Integrarum predictarum terrarum prefato Roberto Innes vel suo certo attornato juste haberi faciatis In Cuius Rei testimonium presentibus manu nostra subscriptis sigillum nostrum est Appensum Apud Edinburgh septimo die mensis Augusti Anno domini millesimo quingentesimo octuagesimo Septimo Coram his testibus Alexandro bouar de balgersho Alexandro Menteith et Jacobo Keytht Nostris seruitoribus Annas Keytbt Alex bonar of balgircho vitnes Contract betuix the Laird of Innes and Innermarkie. At the Cathedrall kirk of Murray the last day of Nouember the yeir of God M V° fourscoir Sewine yeiris It is contractit betuix richt honorabill persones viz. Robert Innes of that Ilk on that ane pairt and Robert Innes of Innermarkie for himself and takand the burding on him of Mr Alexander Innes his brother germane and for his awne entres and with his consent on the uther pairt with the advyss of the richt honourabill Lauchlane M'Intosche of Dunnachtane Sir George Ogilvie of Dwnlugous knicht William Sutherland of Duffus William Binder of Dumbeth Johne Stewart of Muirane Mr Johne Keith persone of duffus Thomas Innes of pethnik Jamas Innes of Menenye John Innes of edingeicht William Innes of Calrosie William Innes in wnthank and Johne Innes of Lewchoris as newtrall frendis to baith the saidis pairteis In maner as efter follows Tuiching the contrauersies and difference betuix the saidis pairteis, speciallie anent the slauchter committit be the said Robert Innes of Innermarkie In cumpanie with umquhill Robert Innes of Innermarkie his father of umquhill Alexander Innes of Crommie father to the said Robert Innes of that Ilk In the moneth of Apryll M V° fourscoir yeiris and all that hes follouit therupone And anent the clame of the hurt of the said Robert Innes of that Ilk and his Seruandis and wounding of thaim be the said Robert Innes of Iniiermarkie his Seruandis and complices In the paroche kirk of elgiu and outwith the samyn upon the xxvii day of Nouember M V° four scoir sex yeiris And siclik anent the slauchter of umquhill Robert Innes off Innermarkie father to the said Robert Innes now of Innermarkie be the said robert Innes of that Ilk his complices in the moneth of September M V° four scoir four yeiris and anent the allegit eiectione and spoilyie of the place of plewlandis and maynes thairof and chantouris houssis within the Colledge of the Cathedrall Kirk of Murray and spoliatioune of certane guidis cornes and wtheris alledgit committit be the said Robert Innes of that Ilk his complices conteinit in the lybellit Summondis rasit thairupone persewit be the said Mr Alexander Innes as Assignay constitute thairto be Alexander Innes of Cokstoune And als auent the said robert Innes of Innermarkie his clame quhilk he alledgis him to hawe to the Lairdschipe and Lowing of Innes or onie pairt thairof be birth rycht Infeftment or uther wayes The saidis parteis for eschewing of forder bluid shedding It is decernit be the haill newtrall frendis • abone writtine with consent of the said Robert Innes of that Ilk Lyk as the said Robert Innes oblissis him his airis executouris and assiguais to pay to the said Robert Innes of Innermarkie his airis Executouris and assignais the Soume.of Sewine thowsand pundis usuall money of Scotland, ffor the quhilkis caussis the said Robert Innes of Innermarkie takand the burding on him for the remanent his kine freindis discharges the said Robert Innes his complices of the slauchter of the said Robert Innes of Innermarkie his father of all rancour malice and hatred And also the said Robert Innes of Innermarkie takand the burding on him for Mr Alexander Innes his brother exoneris the said Robert Innes of that Ilk and his complices of the spoilyie allegit committit be the said Robert in the summondis purchest at the instance of the said Mr Alexander assignay forsaid And siclyk the said Robert Innes of Innermarkie for himself his airis and successouris renunces all rycht and tytill of rycht quhilk he his predecessoris and utheris had hes or may pretend to hawe to the Lairdschipe of Innes lewing thairof or onie pairt of .the samyn And sall acknowledge the said Robert Innes of that Ilk as principall and cheiff of the said name of Innes And sall deliver to him all evidentis contractis tytillis quhilkis he hes or may get concerning the dispositioune of the saidis landis of Innes or onie pairt thairof And the said Robert Innes of that Ilk discharges the said Robert Innes of Innermarkie his complices committaris of the slauchter of the said umquhill Alexander Innes of Crombie of all rancour malice and haitred quhilkis he hes contrair the said Robert Innes of Innermarkie And siclyk dischargis the said Robert Innes of Innermarkie and his complices being with him within the paroche Kirk of Elgin upon the xxvii day of Nouember M V° four scoir sex yeiris of hurting and bluid drawing of the said Robert Innes of that Ilk and Johne Kynnaird his Seruand and all actione criminall or ciuill that hes followit thairupone Lyk as also the said Robert Innes of Innermarkie discharges the said Robert of that Ilk being within the said parock Kirk the said day of bluiddrawing the said James Ogilvie of Allanboy. In Witnes quhairof baith the saidis pairteis hes subscriuit the samyn day yeir and place foirsaid Befor thir Witnesses Walter Ogilvie appeirand of Dunlugas Johne Mortimer appeirand of Auchinbrate J ames Sutherland brother germane to William Sutherland of Duffus and Johne Annand of Murrestone Robert Innes of that Ilk Robert Innes of lunermarkie Lauchlan Mclntosche of Dun- george ogilvie nachtene Mr Alex. Innes William Sutherland of Duffus William Sinclair of Dunbeth 'Johne Stewart of Muirane Mr Johne Keith persone of Duffus Thomas Innes of pethnik James Innes of Menenuie William Innes of Calrosie William Innes of unthank Johne Innes of Lewchoris Johne Innes of Edingeiche with my hand at the pen led be Alex Annand notar publict at my command becaus I can nocht wreit Ita est Alex Annand Notarius publicus per dominos Consilii admissus de mandato dicti Joannis scribere nescientis teste manu propria Bakband be Innermarky. Be It kend to all mene be thir presenttis that nocht vithtstandying off ane blank subscryvit at Elgin the seveint day off Novembeir Instant be robert Innes off that Ilk one the ane partt and me Robert Innes off Innermarke one the uther partt to be fulfillit be Lachalane Mciuthoce off Donnahctaue Sir George Ogilve of Donlogass knycht villame Sotherland off doffoiss villame Sinclair of dunbetht and the remanentt parsonis contenit in the said blank to the nombir off twelff for settying asyid and takyng away off all elestis debettis bloid and all uther actionia cremenall or sevall betwix ws as the submessione off the sed blank at mer lyntht proporttis the quhilk frendis hes decrettit and ordenit that the [said] robert Innes off that Ilk sall pay to me the said robert Innes off Innermarke for the cawsis forsed the sowme of ffyiff thowsand pondis mony of this realme Yett I for good cawsis done and to be done to me be elezabetht forbes lade Crome dischargis the said Robartt lnnes off that Ilk of the sed Sowme the Sowme of Ane thousand pondis mony say that Robert Innes off Ilk salbe astrekit only to me the Soume of fyiff thousand markis at the termis aponttit only in the said decrett and ane uther thowsand mark to be payit be elezabeth forbes lade crome In ffull satisfaction and contentatione off the Soume forsed Makin in the hell the Soume of Sex thousand markis and therfor I the said Robert Innes off Imiermarke for me my airis and all utherwis be the tenor heir off exonorris quetclamis and dischargis the said robert Innes off that Ilk and Elezabetht forbess and ther arris off all Soumis of Mony contenit in sed blank and decrett except onlie the Soume of Sax thowsand markis allenarle to be payit to me In feht and wettnes off this my discharge I have subscryvit this present vrett vitht my hand at Elgin the . . . day off ... the yeir of God 1587 yerris befor thir wetnes Sir George Ogilvie of Donlogass knycht villame Sinclair off dunbetht and Johanne Innes off Locharris. Robert Innes off Innermarky,

       with my hand. 

Jhon Innes of Lncharis sessing off Corskie Mathie mill and thre part Germo.. In dei nomine Amen, per hoc presens Publicum Instrumentum Cunctis pateat euideoter quod anno Incarnationis dominice millesimo quingentesimo octuagesimo septimo mensis vero Februarii die decimo tertio et regni excellentissimi principis Jacobi dei gratia Scotorum regis eo nomine Sexti ac anno eius vicesimo primo In nostrorum connatariorum publicorum et teatium subscriptorum presentiis personal!tor coustitutus honorabilis vir Johannes Innes de Luchris habens suis in manibus quandam cartara alienationis villarum et terrarum de Corsky et mathimill cum suis pendiculis et pertinentiis cum quarta parte occidentalis ville et terrarum de garmocht eisdem villis et terris de Corsky et mathimill perprius annexa nuncupatis Corshill Sandefeild et langlandis cum suis domibus edificiis presentialiter occupatis per vilhelmum Innes Andream flytter Wilhelmum Mitchell Catherinam Jinckin relictam Valteri Pedles Andream hay Johannem Schand vilhelmum robertsone Alexandrum lunes in Sklentocht Alexandrum Andersoun et valterum Mawer jacentfbus infra baroniam de Innes et garmocht et vicecomitatum de Elgin et fores per honorabilem virum robertum Innes de eodem preceptum Sasine in fine eiusdem contiuentem dicto Johanni Innes de Luchris confectam Cuius precepti Sasine tenor est talis Insuper dilectis meis -vilhelmo Innes in garmocht et vestrurn cuilibet coniunctim et diuisim balliuis meis in hac parte Salutem mando quatinus visis presentibus Sasinam hereditariam totarum et integrarum villarum et terrarum de Corsky mathimill et quarte partis occidentalis villa et terrarum de garmocht cum earundem pertinentiis prefato Johanni Innes de luchris suis heredibus et assignatis vel Bug certo attornato tradatis scu alter vestrum tradat In Cuius Rei testimonium his presentibus manuali mea subscriptione roboratis sigillum meum proprium est appensum Apud Kynnardye decimo die mensis Februarii anno domini millesimo quingentesimo octuagesimo septimo Coram his testibus Alexandra Innes fratre germano dicti Johannis Innes de luchris Alexandro Dunbar meo Seruitore et thoma tullocht in Gilmyr syd Post cuiusquidem carte precepti saaiue lecturam predictus vilhelmus Innes balliuus Sasinam hereditariam predictarum villarum et terrarum prefato Johanni Innes presenti tradidit . presentibus ibidem Johanne Adam in garmocht Andrea Young in Corsky et Alexander Mitchell in garmocht testibus. Reversion on Corsky and Mathiemill. Till all and sindrie quhais knawlege thir present letteris saltocum Johne Innes of lewcheris greting in god evirlesting witt ye that nochtwithstanding ane Rycht honorabill man Robert Innes of that Ilk hes sauld to me my airis and assignais quhatsumevir all and haill the townis and landis of Corsky and mathiemill with thair pendiculis and pertinentis Togidder with the fourtht pairt of the toun and-landis of garmoch lyand at the vest end thairof narrast adiacent to the saidis tounis and landes of Corskye end Mathemill callit corsehill Sandefeild and langland of garmocht with houssis biggingis yairdis toftis and pertinentis thairof perteining thairto presentlie occupeit be William Innes William Michel Kathren Jenkin relict of umquhill Walter pedles Androw flytar Androw haye Johne Schand William Robertsoun Alexander Anderson Alexander Innes in Sklentok and Waltir Mawer in croftis All the Baidis landis witht thair pertinentis lyand within the barony of Innes and garmocht and Schireffdome of Elgin and fores as his infeftment maid to me beris neuirtheless for fulfilling, of my pairt of ane Contract maid betuix the said robert Innes of that Ilk on that ane pairt and me the said Johne Innes of Lewchiris on the uther pairt of the dait the . . . day of ... the yeir of God M V° four scoir and sewin yeiris I bindis and oblissis me my airis and assignais to the said Robert Innes of that Ilk his airis and assignais That quhat tyme it sal happin the said Robert Innes of that Ilk his airis and assignais To pay to me my airis and assignais on ane day togidder in ane Sowm within the paroche kirk of Elgin The Soum of Thrie Thousand Markis usuall money of Scotland upoun the premonitioun of fourtie dayis Than I my airis and assignais to upgif fra me my airis and assignais to the said Robert lnnes his airis and assignais the saidis tounis and Landis ... In Witness of the quhilk thing I haf subscryuit this Reuersioun with my hand and appendit my seal herto At Elgin the fourtent day of februar the yeir of God M V° four Scoir and Sewin yeiris Befor thir Witnessis Alexr Innes Alexander Dunbar my Seruitouris Mark Mawer burges of Elgin and Alexander Annand Notar publict John Innes, with my hand Ita est Alexander Anuand notarius publicus ac testis in premissis requisitus ad hec manu propria Mark Mawer burges of Elgin witnes present with my hand Alexander Innes witnes Decreet of the Lords of Counsale, 22 February 1588. In the actioun and Cans persewit be umquhile Alexander Innes of Crummy for himself as Eldest Sone and air of umquhile James Innes of Crummy his father and as Cessioner Assignay and procuratour in rem suam lauchfully Constitute be Margaret Innes the relict of the said umquhile James with consent and assent of William Gordoun of Arradoul now hir Spous for his ehteres and be elizabethe Jonet and Issobell Innessis dochteris lauchfull and remanent barnis by the air of the said umquhile James with consent of Mr Walter Wilsone Spous to the said Eiizabethe and gilbert baird Spous to the said Isobell for thaire enteressis in and to the actiouu of eiectioun under specifiit with all proffitts following thairupon . . . Aganis umquhile Alexander Innes of that Ilk makand mentioun that quhair the saidis Relict air and bernis Immediatlie efter the deceis of the said umquhile James quhilk was in the feild of Pynkie clewche in the monethe of September the yeir of God M V° xlvii yeiris according to the Act maid befoir the said feild to the wyfe and barnis of the personis that suld happin to be slane thairin obtenit possessioun of all and haill' the landis of Fostirsait with the mylne thairof Dunkintie Scottistounhill and Kirktoun of Sanctandrois with the Kirkhill and thair pertinentis lyand within the Shireffdome of Elgyn and forres And of the landis of Monedy elri^ culvy with the pertinentis lyand within the Shireffdome of bamff quhilkis all pertenit to the said umquhile James the tyme of his deceis foirsaid in tak and assedatioun at the leist as malar thairof and than being in possessioun thairof And thaireftir the saidis relict air and barnis foirsaid continewit in thair possession foirsaid be vertew of the said act as said is quhill the monethe of Maii the yeir of God M V° fourtie aucht yeiris In the quhilk monethe umquhile Alexander Innes of that Ilk gudsire to the said umquhile Alexander persewar uranguslie put the saidis relict air and barnis thair tennentis and Servandis furth of the landis and mylne forsaidis and than enterit thairto be him self and utheris And thaireftir the said umquhile Alexander Innes of that Ilk be himself his Serwandis tennentis and utheris uranguslie occupiit the foirsaidis landis and mylne to his deceis quhilk was in the monethe of September or thairby the yeir M VTiiii yeiris to the space of sex yeiris or thairby and the said umquhile Alexander Innes of that Ilk being decessit umquhile William Innes of tbat Ilk his Sone and father to the said umquhile Alexander Innes persewar wranguslie enterit him self in his fatheris violence of the occupatioun of .the saidis landis and mylne quhill his deceis in the monethe of Julij or thairby the yeir M Vc Ixiiii yeiris And alss the said umquhile Alexander Innes persewar sone and air of the said umquhile William Innes of that Ilk enterit him self in violent occupation of the saidis landis and sensyne to the space of ellewin yeiris or thairby Immediatlie preciding the tuentie nyne day of October the yeir of God M V° thrie scoir fyvetene yeiris quhilk is the dait of the principall Summondis rasit in the said mater Entending yeirlie to the space Abone writtin the proffeitis of the saidis landis respectiue and mylne with the pertinentis to the quantitie underwrittin The proffeitis of the saidis landis of Foster sait yeirlie extending to tuentie bollis beir sawing estimat to the thrid corne price of the boll with the fodder tuentie schillingis the profeitt of fyftie bollis aittis sawing yeirlie estimat to the thrid Corne price of the boll with the fodder xiii s. iiiid The proffeit of tua bollis peis sawing estimat to the secund corne price of the boll with the fodder xx s. and the proffeitis of the pasturage yeirlie of fourtie Sex Sowmes of all kynd of gudis price of Ilk sowmes gers yeirlie v schlllingis The proffeitt of the said Mylne of ffostersait with the pertinentis yeirlie extending to threttie bollis of multure malt yeirlie price of the boll xxiiii schillings and threttie bollis of multure meill yeirlie price of the boll tuentie schillingis money The proffeittis of the saidis landis of Dunkyntie yeirlie extending to tuentie bollis beir Sawing estimat to the thrid corne price of the boll with the fodder xx s. The proffeittis of fyftie bollis aitis Sawing yeirlie estimat to the thrid Corne price of the boll with the fodder xiii s 4 d The proffeit of twa bollis peis Sawing estimat to the secund Corne price of the boll with the fodder yeirlie xx s and the proffeittis of the pasturage yeirlie of fourtie sex sowmes of all kynd of gudis price of ilk sowmes gers fyve schillingis The proffeitis of the •aidis landis of Scottistounhill yeirlie extending to tuelff bollis beir Sawing estimat to the thrid Corne price of the boll with the fodder . . . yeirlie The proffeittis of fourtie bollis aittis Sawing yeirlie estimat to the thrid Corne price of the Boll . . . The proffeittis of the pasturage yeirlie of fourtie four Soumes of all kynd of gudis price of ilk Sowmes gers fyve Schillingis The proffeitis of the landis of Sanctandrois kirktoun yeirlie extending to fourtie bollis beir Sawing estimat to the thrid Corne price of the boll with the fodder . . . The proffeit of fyvetein bollis ry Sawing estiimt to the thrid Corne price of the boll xxvi s. viii d. The proffeit of four scoir bollis aittis sawing estimat to the thrid Corne price of the boll with the fodder xiii s. 4 d. The proffeitis of the pasturage yeirlie of Sex Scoir Sowmes of all kynd of gudis price of ilk Sowmes gers yeirlie fyve schillingis The proffeitis of the saidis landis of Kirkhill yeirlie extending to tuelff bollis beir Sawing estimat to the thrid Corne price of the boll with the fodder . . . the proffeitis of fourtie bollis aittis Sawing estimat to the thrid Corne pryce of the Boll with the fodder . . . the proffeittis of the pasturage yeirlie of fourtie four Sowmes of all kynd of gudis price of ilk Soumes gers fyve schillingis . The proffeitis of the saidis landis of Monedie yeirlie Extending to tuentie bollis beir sawing estimat to the thrid Corne price of the boll with the fodder . . . The proffeittis of sex scoir bollis aittis sawing estimat to the thrid Corne price of the boll . . . The proffeitis of the pasturage yeirlie of Sevin Scoir Sowmes of all kynd of gudis price of Ilk Soumes gers fyve schillingis The proffeitis of the saidis landis of elrig yeirlie extending to Sex bollis beir Sawing estimat to the thrid Corne price of the boll with the fodder . . . The proffeitis of four scoir bollis aittis Sawing estimat to the thrid corne price of the boll with the fodder . . . The proffeitis of four scoir ten Sowmes of all kynd of gudis price of Ilk Sowmes gers fyve schillingis And howbeit that the said umquhile Alexander Innes now of that Ilk persewar is oy and air of his said umquhile gudsire be progress and Sone and air of his said umquhile father and thairthrow as air to thame is haldin to restoir the said Alexander Innes of crummy Assignay foirsaid to the possessioun of the saidis landis and mylne and to refound and pay to him the proffeittis abone writtin . . . The Lordis ffindis and declaris that the said umquhile Alexander Innes of that Ilk gudesire did wrang in the violent outputting of the saidis relict air and bairnis and in spoliatioun of thame and siclyke the said umquhile William his Sone And als decernis the said umquhile Alexander Innes of that Ilk aganis whome the said Summondis was first intentit to haif done wrang And thairfoir decernis the said Mariorie Innes and the said Archibald Dewar hir spous To restoir the said Robert Innes now of that Ilk for himself and as procuratour foirsaid To the possessioun of the foirsaidis laudis and mylne and to refound to the said Robert Innes the proffeitis aboue writtin Attour the saidis lordis decernis the said Mariorie Innes and hir husband to pay to the said Robert Innes the Sowme of fourtie pundis as for expensiss in the said actioun Togidder with the £oume of fyve pundis prasentlie payit be him to the saidis Lordis Collectour conforme to thair lait ordinance Extractum de libro actorum per me Alexandrum haye de Eister kennet clericum rotulorum registri ac Concilii S. D. N. Regis sub meis signo et subscription manualibus Alexander hay. Innermarkie's discharge of £4000. I Robert Innes of Innermarky be the tennour heirof grantis me to haif ressauit fra the rycht honorabill Robert Innes of that Ilk the Sowme of four thowsand markis usuall mone of Scotland as for the first termes payment of the Sowme of Sevin thowsand pundis mone forsaid awand to me be the said Robert Innes of that Ilk for the caussis contenit in ane Contract and appointment maid betuix the said Robert Innes of that Ilk and me on the ane and uther partis of the dait at elgin the day of the yeir of God M V° fourscoir sewin yeiris for the quhilkis Sir George Ogilive of Dwnlugus knycht William Sutherland of I)uffous William Sinclair of Dunbetht and Thomas Innes off petnyche wer oblissit and act it souerteis be vertew of the said Contract of the dait forsaid off the quhilk Soume of four thowsand markis mone foirsaid for the caussis befoir rehersit I hald me weill contentit satisfeit and applesit In numerat mone at the making of thir presentis In Witness of the quhilk thing I haif subscryuit thir presentis with my hand at Elgin the xxix day of the yeir of God M Ve four scoir aucht yeiris Befoir thir Witnessis Johne Innes of Leucheris Johne Annand of Murrestoun and Alexander Annand notar publict Robert Innes off Innermarky Johne Innes vetnes

Johne Annand of murrestoun witnes present subscripsit Ita est Alex' Annand notarius publicus ac testis in

    premissis requisitus ad hec manu propria 

With reference to the following contract, it should be noted that a charter by John Innes of that ilk, brother and heir of the deceased Alexander Innes of that ilk to his beloved cousin Alexander Innes of Crommy, of the lands of Innes, Aberchirder, &c., dated at Edinburgh, 2 Dec., 1578—witnessed by John Innes of Blackhills—was confirmed by Crown charter, dated at Perth, 10 June, 1580. Contract betuix Robert Innes of that Ilk and John Innes sumtyme thairof. At Elgin and Kynnairdie the tuantie ane and tuantie thrie dayes of December respectiue The yeir of God M V° Ixxxv yeiris It is contractit betuix Rycht honorabill persones Robert Innes now of that Ilk the sone and air of umquhill Alexander Innes of Cromie on that ane pairt and John Innes sumetyme of that Ilk on- the uther pairt in maner eftir followis That is to say the said Johne Innes be the tennor heirof faithfullie bindis him be the faithe and trewthe in his bodie To affirme the chartonr of alienatioun maid be him to the said Alexander Innes of Cromie and his airis upon all and haill the Lairdschip of Innes and barroneis annexit thairto with thair touris fortalices manis Salmone fischingis wodis partis pendicles and pertinentis thairof conteinit in the said Infeftment lyand within the barronie of Innes and Abercherdour be annexatione and Shireffdomis of Bamff Elgin and forres and all the evidentis contractit betuix the said John Innes and the said umquhill Alexander Innes of Crommie Tuiching the said Lordschip of Innes And the said John sall renunce fra him his airis and assignais all rycht quhilk the said Johne for himselfe and as ayr to umquhill Alexander Innes sum tyme of that Ilk his umquhill brother and to William Innes sum tyme of that Ilk his umquhill father and to umquhile Alexander Innes sumtyme of that Ilk his gude sire had hes or may clame to the saidis Landis and Lairdschip of Innes and sall delyuer to the said Robert Innes the Chartoris maid upoun the saidis landis To be keipit to the proffeit of the said Robert Innes And the said John Innes for defens of the saidis landis in caice ony pairtis have to persew the said John Innes and Robert Innes for ony deid contractit be ather of thame and principallie the auld evidentis upon the saidis landis maid to the Lairdes of Innes be our Soueran Lord the Kingis Majestic and his predicessoris The Earles of huntlie anent the landis of the forrest of boyne and milnes thairof and siclike the Bischopes of Murray anent the kirk hill of St Androis kirktoun and kirk land of Essill and toun and landis of Essill And gif neid beis the said John Innes obleissis him to obtein himself servit as air to the said Alexander Innes of that Ilk his brother or ony utheris his immediat predicessoris Quhilkis being observit the said Johne Innes obleissis him to mak dispositioune of sic landis as he sall happin to be seasit in To the said Robert lanes of that Ilk and his airis and in the mein tyme the said John obleissis him selfe that he sall nather sell or put away the saidis landis or ony pairt therof by the said Robert and quhill he be maid sure therof And the said Robert sall pay to the said Johne the Soume of alevin chalders sufficient victuall yeirlie in the plaice of Innes And the said Robert bindis him his airis executoris and assignais to leave the saidis manis fre to the said Johne during his lyftyme And gif it sall happin that the said John be ony occasioun sall happin to tyne his lyfrent of the saidis landis tour fortalice maines and barronie of Innes Than the said Robert Innes bindis him faithfullie to sustein the said Johne in hous with him honorablie according to his rank . baith pairties obleisis to keip the premises Befoir thir witnessis Johne Kynnaird of Saterhill Olyfer Sinclair Brother German to William Sinclair of Dumbeith John Innes of liuchars patrick hebrun Sone to umquhile Mr William hebrun Dean of Caithness and Williame gibsone burges of Elgin notar publict. Robert Innes of that Ilk Johne Innes of that Ilk John Kynnaird Witnes patrick Hebrune, Witnes Olyfer Sincler Witnes Wm Innes Witnes William Gibsone notter publict Witness present in the premises Acquittance be Innermarky to the Laird Innes for the sowme of 5000 merkis according to ther condischendence in anno 1587. I Robert Innes of Innermarky be the tennour heirof grantis me to haue ressauit fra the handis of ane rycht honorabill man robert Innes of that Ilk the Sowme of fyve thowsand and fyve hundreth markis usuall money of this realme And that in compleit payment of the Soume of Sewin thowsand pundis money of this realm quhilk the said robert Innes of that Ilk and rycht honorabill men Sir george Ogilvye of Dunlougus knycht Williame Sutherland of Duffus William Sinclair of Dunbeth and certaine utheris Cautioneris wer bound to pay to me at certane termes contenit in ane Contract and appoyntment maid betuix the said robert Innes of that Ilk on the ane part and me the said Robert Innes of Innermarkye on the uther parte as the said Contract of the daitt at the Cathedrall Kirk of Murray the last day of November the yeir of God M V° fourscoir and Sewin yeiris and registrat in the Commissaris buikis of Murray the said last day of Nouember in the yeir foirsaid in the self beris In vitnes of the quhilk thing I haf subscrywit this my acquittance and discharge with my hand at Innes the vii day of Octobir the yeir of God M Vc four scoir ten yeiris Befoir thir Witnessis William Sinclair of Dunbetht Johne Innes of lewcheris Johne Annand of Murrestoun and Alexander Annand Notar publict Robert Innes off Innermarky, with my hand Johne Innes Witnes Ita est Alexr Annand Notarius publicus ac testis in premissis requisitus Contract betuix the Maister of Elphingstoun and Robert Innes of that Ilk At huntle and Innes the xviii day off Nouember the yeir of God anc thousand fyve hundretht four Scoir twelff yeiris It is contractit betuix honorable men to witt Alexander Maister of Elphinstoun on that ane pairtt and Robert Innes of that Ilk with express consent of Elizabeth Elphinstoune his spous on that uther pairtt in maner efter following That is to say fforsamekill as the said Alexander Maister of Elphinstoune at the ernist requeist of the saidis Robert Innes of that Ilk and his said Spous hes purchest to thame for the caus under specefeit all and haill the Soume of twa thousand merkes monee usuall of this realme and that at the handis of . . . burges of Edinburght to quhome the said Alexander Maister of Elphinstoune hes gewin Infeftment of certane his landis lyand within the lordschip of elphinstoune in securitie for the said Sowme upone the payment of twelff merkis monee foirsaid for ilk hundretht merkis of the said twa thousand merkis and hes suspendit him self fra the Redemptioun of the saidis landis Induring the space of thre yeris nixt following Quhilk Sowme of twa thowsand merkes the said Alexander Maister of elphinstoune hes realie in name of the said Robert and his said Spous and at their speciall Commandis deliuerit to ane Noble Lord Johnne Lord hammiltoune and Abirbrothok for the teynd Schawes of the personage of the parocht kirk of Abirchirdour with the Kirk land of the samin as the letter of tak maid be the said nobill lord to the saidis Robert Innes and his said Spous in the selff proportis In securitie of payment agane to the said Alexander Maister of Elphingstoune and for releiwing of his landis the said robert Innes and his said Spous for hir interes obleissis thame thair Airis Executoris and Assignais to mak to the said Alexander Maister of Elphinstoune his airis and assignais ane sufficient chartor upon all and haill the milne and millandes and thrall and astrict multures of Kynnardie lyand within the parocht of Abirchirdour Schireffdome of Banff befoir thir Witnesses Johne gordone of glenbnchet Alexander Dunbar off Meftis James Elphinstoun and William Innes [merged small][merged small][graphic] The family feud was now apparently ended. Even the widow's vengeance was appeased. "Ele Forbes," the widow of the murdered Laird Alexander of Innes, had a Crown gift of the escheit of all goods and geir moveable and immoveable that pertained to Robert Innes of Innermarkie elder, John Innes of that ilk (the weak Laird), Robert Innes of Innermarkie younger, Robert Innes of Coittis (I do not know who he was), who were culpable of the slaughter of the said umquhile Alexander Innes, which gift she was trying to enforce in the year following the murder.1 But that was poor revenge. A little later, "Ele" was one of the contracting parties at the midnight meeting at the auld barne of Innes where young Innermarkie swore to betray his father's life; and when that oath was fulfilled (in September, 1584) and the old murderer tracked to his den, and his hoar head cut off, it was Ele Forbes who carried the head to Edinburgh, and "cast it at the King's feet." But the hostile clansmen are now apparently reconciled. In a controversy between the Earls of Caithness and Sutherland, among the friendly arbiters named by the Earl of Caithness are Robert Innes of that ilk, Robert Innes of Innermarkie, Alexander Innes of Coikstoun, Johne Innes of Leucharis, (all subscribing), 10 July, 1590.2 But the parricide was soon to be mixed in bloodier disputes. On 7 February, 1591, when Huntly rode to take private vengeance under cover of law, burned the house of Donybrissil, and murdered the Earl—"the bonny Earl of Moray"—Innermarkie was his willing assistant, knowing that Dunbar the Sheriff of Moray, his hereditary foe, was in the doomed house; and the Sheriff fell in a gallant attempt to save the Earl. After that exploit, which must have recalled the scenes of his youth, Innermarkie sought safety among his own people and the Gordons in the North. But private vengeance was not so easily baffled as the laws of the land. Four years after, when he had reason to think Huntly and his crime forgiven, he set out on a journey to Edinburgh, riding in company with some of the chief Mackintoshes. The travellers were dogged from stage to stage by Crichton of Cluny and Lord St. Colm (the murdered Earl of Moray's brother), and on reaching Edinburgh, they were at once apprehended (18 July, 1595) as art and part of the murder; and on the following day Innermarkie and a servant were condemned and immediately executed in the common market place. Huntly, the instigator and director of the assassination went free.* i 9 June, 1581. Register of Acts and De- The Editor of Birrell's Diary, mis-reading creels, vol. 85, f. 208. "Innes of Endermarkte," "Jama of Ender • Register of Deeds, vol. 36, fol. 24, General markie" has misled subsequent compilers, Registcr Honse, Edinburgh. who have narrated the execution of "James ••'Hist. of K. James VI." Birrell's Diary. Innes of Innermarkie," instead of Robert. Johne Innes of Lucheris bak band to the Lard off Innes. Be it kend till all men be thir presens me Jhone Innes off lewcharis and Mariorie Strathauchine my Spous that for sameckill as the Eycht honorabill Robert Inne8 of that Ilk hes sauld to ws our airis or assignayis quhatsumeuer all and haill his toune and laudis off Lewcharis lyand within the barrony off urquhart and scherefdowme off Elgin and forress to be haldin off the said robert and his airis in frie blenche'ifor payment off ane penny giff it be requeirrit and releiffing of him and his foirsaidis be payment maiking to the pryor and Conuent of plwskardine off the fewe maillis and dewattyis contenit in his ewident quhilk he haldis off thame as supperioris of the saidis landis witht dywers uthairis c9ndessionis and prowessionis conteinit in the Chartor off alienatioun maid be the said Eobert to the said Johne and Mariory of thair awin deittis at mair lenth proportis wnder reuertioun grantit be the said Johne and Mariory to the said Eobert Innes off that Ilk and his foirsaidis contenang the sowme off twentie ffyve hondrethe merkis monaye off this realme to be redeimit fra thame be the said Eobert And that in respect it is speciallie prowydit in the said reuertioun that it sall nocht be lesume to the said robart nor his foirsaidis to redeime the saidis towne and landis off Lewcheris Induring the lyftymis off the said Johne and Mariory Nochtwithstanding I the said Johne and Mariory be thir presens grantis ws to haiff sauld ane annuell rent to be peyit yeirlie out of the saidis toune and land of Lewcharis to ane nobill Lady Dame Elspett forbes lady Sincklair and failyeand of hir be dissess aud one disponit in hir lyftyme to barbra Sincklair hir lauchfull dochter to be redemit be the said Johne and Mariory and thair foirsaidis be payment maiking to the said nobill Ladye and hir foirsaidis off the Sowme of ffour hondrithe and fourte poundis The quhilk Soume the said Robert Innes off that Ilk as Supperiour of the saidis landis hes boundiue hime his airris and assignais that he sud nocht redeme nor out queitt the saidis landis fra the airis or assignais of the said Johne and Mariory till first the said ffour hundrith and fortie poundis witht all bygane profeittis be payit In witnes of the quhilk I the said Johne and Mariory hes subscrywit thir presentis witht our handis at Lewcharis the twentie twa day of September befoir thir Witnes Alexander and Williame Innes Serwandis to the said Robert Innes of that Ilk the yeir of God ane thowsant fywe hondrithe four scoir thratteine yeiris

Johne Innes w' my hand  Meriory Strathauchin w* my hand  William Innes Witness witht my hand  Alexander Innes witnes w* my hand 

The following is a good specimen of a once frequent deed in old charter chests. Both the parties are of kin to our Inneses. The original is in the charter-room at Duff-house. Letters of Slaynes Barclays of Tolly. Be it kend till all men be thir present lettres me Patrick Barclay of tollie eldest lauchfull sone to vmquhile Walter Barclay of tollie my father dame Elizabeth hay relict of the said vmquhile Walter Mr Williame George and Robert Barclayis sones to the said vmquhile Walter Williame Barclay at the myln of and . . . Johne Barclay bretheren to the said vmquhile Walter Mariorie and lilias Barclayis dochters lauchful to the said vmquhile Walter Barclay of tollie Thomas Menzies aperand of durne Johnn Keyth of raviniscraig Wm Windus of yat ilk gedion Keyth portioner of Durne as narrest of kyn and maist speciall freyndis of the said vmquhile Walter Barclay baithe of fathers syd and motheris syd for our selfis and the said patrick barclay now of tollie eldest sone forsaid of the said vmquhile Walter taking the burding on me for the remanet haill kin freindis ally a assisteres and partakeris men kynd and vomen kynd baithe fathers syd and mothers syd of the said vmquhile Walter and all that the said patrick barclay may stope or lat To have remittit and forgevin and be the tennour heiroff frelie Remittis and forgevis to maister Williame Meldruui of Moncoffer James achannachie his servitour and Williame caldair his seruitor all rancor of hart deadlie feid Inemitie hatred and malice quhilk we or ony of us haid hes or may have or conceave aganis thame or ony of thame in tyme cuming thair kyn freynds servandis assistares and partakaris for the Crewall slauchter of the said vmquhile Walter barclay committit be the saidis personis and throche occasione thairof, with all actioune clame and questioune criminall and ciuill competent to ws aganes thame thairthorow as lykewayis we be the tennour heirof Remittis and forgevis all rancor of hart and malice Togidder with all actioune ciuill or criminall quhilk we or ony of ws hes haid or may haue againis the said Maister William Meldrum of Moncoffer Andrew Meldrum of Achorteis and Alexander Innes brothir to Jhone Innes of Lewcharis and quhatsomever thair kyu freyndis assistares and partakeris for the draving and effusione of myne the said Patrick barclay of tollie's I ilu id vounding and huirting of my face within the brughe of Edinbrughe in the moneth of Juin in the yeir of god ane thowsand fyve hundreth four scoir and nyne yeirs, and sall receaue lyk as be the tennour heirof receaues thame and ilk ane of them In our fauoris hartlie luif and kyndnes and sall keip and obserue the same to thame in all tyines cuming as forgetfull of the said slaughter vounding and hurting foirsaid Sua that we our aires bairnes nor successoures nor none vtheris in our names vpone our behalfis of our conjung command assistance nor ratihabitioun sall hane nor Ini jui t ony actioune clame crymes nor alledgancis agains the saidis persones thair kin freynds nor servands, nor yet sall follow nor persew thame nor ony of thame nor thair foirsaids for the said slauchter rounding or huirting forsaid Bot sall accept thame and ilk ane of thame in our hartlie luif fauor and kyndnes siclyk als tenderlie and freyudlie as gif the same haid nevir bein committit nor done without grudge nor dissimilation in our hartes or thoughts and heirto we bind and obleiss ws under the panis of periurie and infamie in ane Christiane maner and vnder all hiest panes quhilk we may incure baithe of the law of God and mane, and that be resoune of ane sufficient assythment maid in landis conforme to the tenour of ane contract and appoyntment maid betuix me the said Patrick barclay taking the burding on me for the saids Elizabethe hay Ladie tollie my mothir maister Williame George and robert barclayisthe remanent lauchfull sones of the said vmquhile Walter Mariorie and lilias barclayis his lauchful dochteris oneforisfamiliat and for the Remanent bairnes of the said vmquhile Walter his kyn freyndis and allya one the ane part and George Meldrum of fyvie for himself his awin richt and entrest and the said maister Williame Meldrum of Moncoffer for himself his richt and entrest and ilk ane of thame the saidis george and Mr Williame withe consent of vtheris as also with consent of certaue vtheris persones mentionat thairin as the tennor of the said contract of the dait at tollie frendraucht and Straithbogy respectiue the Twentie fourt day of Julij the yeir of God ane thowsand fyive hundreth four scoir and tuelf yeiris at mair lenthe proportis In faith and vitnessing of the quhilkis to thir present lettris of slanes subscryuit with our hands our seallis ar appendit at tollie collan and Aberdeen respectiue the threttein and fyiftene dayis of october respective the yeir of God ane thowsand fyive hundreth four scoir and tuelff yeirs Befor thir witnesses respectiue robert Irving in Aucharnne gilbert aquhache seruitor to the lady of tollie elder John urquhart of ... tutor of cromarty James Grant of Tillibo patrick Copland of Idoche Alexander hay of Delgaty James crichtoun apperand of frendracht William Crag of cragfintry Alexander Meldrum apperand of fyvie. Alexander hay of Dalgatty vituess Patrick barclay of tollie James Crychtoun apperand of Elizabeth hay frendrath witness Mariorie Barclay with my hand William Craig of Craigfyntry William Winus of that ilk witness Lilias barclay Alexander Meldrum apperand of Robert barclay Fywie Williame barclay off ... mill George Barclay with my hand I propose to imitate our historian in passing quickly over the latter generations of the family. The contents of the family charter-chest are no longer required to prove their pedigree; and, after the period at which we have arrived, there is little of antique or curious in the conveyancing of Scotch charter-chests. One document, which I should have liked to print—the tailzie of 1597, described by Forbes at p. 27—is not now in the charter-chest. Robert Innes, the 23d Laird of Forbes's numeration—the son of the murdered laird Alexander, who so narrowly escaped his father's fate, lived to avenge him. By his marriage with Elizabeth Elphinston, the Treasurer's sister (not his. daughter) he obtained powerful backing at Court, and he knew how to use it. Perhaps his southern marriage had some effect upon the fierce manners of his country. After the bloody end of old Innermarkie, we meet with no more violence and bloodshed, on the Chief's part. The Laird, with his brother-in-law's aid, set himself to repair the fortunes of his house peacefully, and left bis son in flourishing condition. A few documents mark his history ;— In 1581 (5 Dec.) the year following his father's murder, being still a minor, he granted a charter of Carserig to his kinsman John Innes of Leuchars and Marjory Strathauchan his spouse, with consent of his curators, George Ogilvie of Dunlugas, Alexander Drummond of Medhope, Mr. John Dunbar of Meftis, and William Gordon of Dumbrack. In 1587 (30 June) the young Laird had a crown charter erecting his town of Garmach into a Burgh of Barony.1 In 1597, he granted a charter in favour of his son and apparent heir, Robert:—and died soon after. The monument erected by their son at Elgin—in piam gralamquc memoriam charissimorum parentum—records the decease of Robert Innes of that Ilk on 25 September, 1596, and of Elizabeth Elphinstone his wife, 26 February, 1613.* The son who erected that monument was Robert, the 24th Laird of Forbes's list—"a man of extraordinary vertue and reputation." He was infeft in the family estates on 12 October 1605: married Grizel Stuart, daughter of the "bonny Earl" of Moray, and grand-daughter to the Good Regent; was created a Baronet of Nova Scotia by patent dated 29 May 1625: and may have died about 1657. Sir Robert was a stout Covenanter, a leading man in the North, and of course, figures prominently in the chronicle of Spalding. We first find him holding courts for "justifying" the Clan Chattan in 1624. Then in 1639, the Laird Innes, the Sheriff of Moray, the Lairds of Pluscardin, Tarbet, Brodie, and others, about twelve score well horsed gentlemen out of Moray, were with the Covenanters on the occasion of the unmeaning "Trot of Turreff," (14 Feb.) and on the 9th April, the Earl of Seaforth, the Master of Lovat, the Laird Innes, the Provost of Elgin and diverse other barons came out of Hoss and Moray, about 300 well horsed gentlemen, to salute the army at Aberdeen. In his own country he was not inactive. The Earls of Dunfermline and Moray and the Laird of Innes, the chief proprietors of fishings on Spey, had a Parliamentary Commission with extraordinary powers for protecting the fish and enforcing the laws against the slaughter of black fish, smolts, and salmon fry— their good inclination and disposition to justice being known to Parliament (1641.) 'Oreat Seal Register 36, No. 362. 'Monteith's Epitaphs. Notwithstanding their "good inclination," it would seem that neither the interest of the salmon nor their zeal for the Sabbath prevented both Dunfermline and Laird Innes from maintaining their right to fish on Sunday after the old manner.1 This "24th laird" was Commissioner to Parliament for his county in 1639; and one of the committee on the Articles; and on a committee for remedy of disorders and defects in the University of St. Andrews. In August, 1641, be was one of the Barons named "to give information to the King,"—Sir Thomas Hope, with whom he lived in great confidence, being the other. In September, he was one of a Commission to take order anent the complaint of ministers in the North, and one of six members for transaction of most pressing state affairs—the King present. On 30 October, the King nominates him on the Committee "for the last incident," and for examining Montrose. On 13 Nov. 1641, he was elected by the King and Parliament to be of the Council, nd vitam aut culpam. Two days later he was of the committee for plantation of kirks—on committee for regulating the debts and burdens of the Kingdom—on committee for receiving the brotherly assistance from the Parliament of England; and on committee for conserving the articles of the Treaty. In the same busy year, he was one of the Commissioners—along with the Earl of Moray, the Laird of Duffus,. M'Kenzie of Pluscardie, Grant of Grant, Rose of Kilravock, and Brodie of Lethen—for the trial and punishment of the broken men, and those committing theft, depredation, hership, murther, fire, witchcraft, incest, adultery, and other odious crimes and oppressions, within the Shires of Moray and Nairn. Later, he was on the committee for the loan for the Irish army, (1643); on the committee for Northern business, (1644); on the committee of War for his county; on the committee for the North to take order anent the rebellion of Huntly, (1644) ; on "a grave committee" to act after the dissolution of Parliament (9 June 1648). I suppose he was for "the Engagement," with the more moderate presbyterians, in '49, and it was on that account that he figures in the list of persons to be fined under name of loan (March 1649). During the most of this Laird Robert's time, the Huntly family were thrust •side from their predominance in the North. George, the second Marquis, always making vain demonstrations of loyalty, always in trouble with the Kirk and the Parliament, finished his life on the scaffold (March 16, 1649). Ten years earlier, Principal Baillie, who may be supposed hardly well acquainted with the country and the power of the "Cock of the North," writes of him—" The man is of a good discourse, but neither trusted by King nor countrey. His power also Is contemptible in this cause. Many of his name hes subscrived [the Covenant.] Himself and sundry of them are overburdened with debt. Forbeses, Erasers, Grants, M'Kenzies, M'Cayes, Mackintoshes, M'Laines, M'Donalds, Irvines, Innices—let be all the Campbells to a man,—are zealous subscry vers; and a fifth part of them were able to make a disjune of all the Gordouns when at their best; albeit now the most of the Gordons depends on Sutherland, as all in the south on Kenmure."1 The forfeiture of the Gordons, and a gift of their escheat to Argyll, gave a short reign in the North to the first Marquis of Argyll, destined to the same death as his rival Huntly. He had an uneasy throne there, though in matters of presbytery and the Covenant, the Northern barons nearly agreed with "Gillespie Grumach." The young laird of Innes and some members of the famlly of Leuchars, were his counsellors and assistants in administering the great Northern Earldom; and the officer he chose as his second, when he forgot his principles so far as to meet the Earl of Crawford for a duel (at Stonyhill, 21 March, 1648) was a brother of Leuchars. i Acts of Parl., vol. v., p. 255, &c. By the and festivals during the fire months in old law of the Church It was permitted to flsh which those fish chiefly frequented the rivers for herrings on Sunday, on account of their —on condition that the first fish caught on short visit. By a bull of Pope Nicolas V., each Sunday and feast-day should be paid (1451) the Clergy of Aberdeen had licence to to the fabric of the parish church.—Begistr prosecute the salmon fishing on Sundays Aberdon. /'/•/, p. xxxix. In the midst of the troubles in those times,—the Huntly rising, the tempest of Montrose—while the land was a prey to gangs of Covenanters and armies of Royalists—through some years of the civil war, the Laird of Innes found time to build his Place of Innes, after a plan of the best master of the day—the same architect who has handed down to our time the peculiar and characteristic pile of Heriot's Hospital. The account of the expense is in our charter-chest, and I add a few extracts. Compt of the expensis bestowed upon the building of my bouss. 4 of September 1640 Lymeris and Quariours Compt Item for quarrell mell twa gavelokis, hameris, pekis, wedgis, . . . . 34 6 8 Item to the quariour Alexander Ross for his sell frome the first of Jan. 1639, to the first of Jan. 1640 . sex bollis twa firlotts i BailUe's letters, vol. L, p. 82. Item for his fie that year . . , . 26 13 4 Item to the Lymer for making twantie Scoir bollis Lyme heir at lnnes at twa Shillingis the boll is . 40 0 0 Item for his bountey at twa pekis for the scoir . ten firlott meall Item givin the quariour for winning twa hundreth

    Long Stanis and ane hundreth and halff of 

     Short Stanis at the Cawesea . . 28 0 0 

and ten firlott victual! Item to Johne King in plewlandis for careing the said Stanis be sea, to Speyalaw . . . 120 0 0 Item caried from Strylay of Lyme upon my awin and freindis horss Twell scoir twa bollis; and payed for the pryce thairof . . . 50 16 0 Item for twa hameris and twa crawis maid be the Comissar Smyth in elgin weyand sex quarteris yron . . . . . .500 Item giwin the reed Smyth when he come heir for twa crookis to the gatte weyand twa staine of yron and for making and all . . . . 800 Item givin him self of drink silwer . . . 2 14 0 Item to remember to putt in heir the compt of sparris,

      dealls, and all wther tymber; with the naills, and 

      for sharping the measonis yrons— 

The Compt of the yron maid in crookis and windowis,

     that come frome Leith extending to auchten 

      stainis and sex poundis and so restis of the yron 

     being ane hundreth stain and two stains; four 

      scoir thrie stanis and ten pound; this 19 of Junii . 

1641. Item givin the Smythis for working four windowis and the crookis . . . . 9 0 (t Item for aucht scoir deallis out of Abernethie . 48 0 0 Item for sexteen sparris out of Elgin . . .600 Item for three dussoun of boords out of Elgin . 700 Item to Wm. Aitoun for Brasen Stylls and drauchtis . 20 0 0 Item for ten quarteris of leid at fourtie sex s. audit d. the stane . . . . 5 16 8 Item giwin for my yron windowis . . . 600 merks whairoff thair wes threttie pound compted alreadie Item thair is wrocht of my yron this day (17 Junii 1642) thretteiu gaddis quilk extendis to hall)' of the nummer of the gaddis being twantie sex off all Measounis Compt. 4 September 1640. Item giwin to William Aitoun Maister Maisonn at Heriott his work for drawing the forme of the house in paper . . . . . 26 13 4 Item first giwin be thomas Makenzie to William Ross Maister Measoune . . . .24 and twa bollis meall Wm Ross Mr Measoun entred to work, the sext of

   May 1640 and sonld hawe two bolls wictuall 

     monethlie and twelff pound; he wes absent at 

    Witsonday, 1640 . . . . 137 10 0 

wictuall Compted at fiwe pound hew mime entred to work on the Sewintent day of May his wholl wagis being Compted sen his entrie wntill he left the work and returned to his awin house whilk wes the penult of November extends to 52 0 0 19 Octob. 1643. Item giwin to Allexander Stewart wricht for going twyss to the wood of glen moristoun . . 12 0 0 Simimri off all expensis since my last Compt maid the

      threttie of Julii 1642 is ane thousand Threscoir 

     fyftein poundis fourtein shillingis aucht pence, is 

      I say . . . . . . 1075 14 8 

?9 of Septembre 1643. frome Novembre 1642 to this Novembre cuming 1643

    Compt of debursements wpou my workmen  Item for yron wark wrocht at Leith for my windess 

being betuix aucht and nyne stain wecht at thrie pound the stain is . . 26 0 0 Item for my towis to it being nyne Stain wecht at thrie pound the Stain is . . 27 0 0 Item for the working off it be thome brander and gilbert geddess . . . . .968 Item for Sex Scoir bollis Lyme brocht frome Leith . 180 0 0 Item for bringing my timber from Innerness to Wm

Munro . . . . . 60 0 0 Item for Squaring and playning my gestis to gilbert geddess and imlay in Elgin . . . 5 13 4 Summa of wictuall five scoir alevin bollis twa pekis, at Sevin pound Sex s. 8d. the boll is . 813 6 8 Summa of this year's Expensis in building from November 1642 to November 1643 . . 1646 13 '0 With 1075 pound 14 s. 8d from the first of August

    1642 to the first of November 1642 And with 

     the thrie thowsand twa hundreth twa poundis 

     that was spendeit from the founding the works 

     wntel the forsaid first day of Agust 1642 is off 

       all fiwe thowsand nyne hundreth twantie four 

    pound nyne s. is I say .... 5924 9 8 

This Compt maid this Nynteint of Octobre 1643 all

      this is by my Smyth his compt and not compt- 

     ing the expensis of my cart horssis and their 

     winter meatt and the pryces of the Carts that 

     thay work with and by the Leed and Crookis 

      for the doris 

Item the wictuall extendit to thrie scoir bollis at ten

    merkis the boll is four hundreth poundis . Summa 

     alevin hundreth and fourtie poundis, And with 

     the formar Compt maid in October 1643 Ib Sevin 

    thowsand three scoir pound and this 7064 

    by and attour my Cartis the expenssis of my 

    work horsis yron to be Crookis and Leid; and 

   my smyth his Compts. Item to the wrightis twa 

      bollis ane pek meall and for thair Squaring the 

      gestis and Sawin . . . 10 5 0 

Item my smyth his Compt yron Leid Cart horssis and wther thingis being Compted is twa hundreth merkis 13 Julij 1647. Summa of the haill is . . . . 7200 0 0 October 1648. Summa of the wholl expenssis from the founding of the houss nyne thowsand and fiwe huudreth pound U . 9500 0 0 15 of March 1650. Compt of the hewing from Novemb. 1648 to March 1649 and of all the measoun work that year wntill the end of October 1649

Item to Wm Ross Maister Meason for thrie monthis and some od dayis with his two Servantis threttein bollis two firlottis two pekis at twelf pound the boll is . . . . 160 0 0 Swa wagis for the said thrie moneth is thrie Scoir eighteen pound thrie s. 4d. . . 78 3 4 Item payit for my roof to the houss and elevin hundreth deallis . . . . 1116 13 4 Item for the fraucht of thame . . . 200 0 0 Item for binding the roof and flooring the houss Sex bollis victuall is . . . 72 0 0 Item giwin of mony ..... 133 6 8 Item for naillis Sex thowand is . . 40 0 0 Samma two thousand and thrie hundreth two pound is ...... 2302 0 0 Item for Crookis to dorris and for Leed and betting the battelmentis . . . . 31 0 0 Summa ...... 2333 0 0 And with the former is alevin thowsand eght hundreth threttie thrie pound is . . . . 11833 0 0 It is to be remembred that I hawe newer compted the

     serwice of my tenantis in leding Lyme, Stone, 

     tymber, Sand and manie wther thingis, which 

    wold hawe cost a good deal of mony if I had 

    payed for theme  Item for the pryce of twautie two thowsand Skleatts 

bocht from Caitnes . . . . 666 13 4 Item for theaking my houss .... 400 0 0 Item my wright and plaisterer being manie tymis four workmen did begin to work at Witsonday 1650; and wrocht to Mertimes 1651 being ane year and half and ar no less in victuall and mony nor , , 1166 13 4 Item for Knappell and wther schip tymber that I bocht for my windowis .... 333 6 8 Item for baudis to windowis and dorris and plaitt lockis . . . . . . 300 0 0 Item for hair lyme tackettis and lath for plasterour . 100 0 0 Item for hewing and winning two hundreth cunzies and rebettis for my office housis . 60 0 0 Item for glass to Jhone Innes and glasbands for so much of the houss that is glassed . . 333 6 8 Item for yron . . . . 60 0 0 Summa ...... 3333 6 8 and with the former Summa is fyfteen thowsand ane hundreth thrie Scoir Sex pound this 17th of Apryll 1652 . . . . 15166 0 0 Item Androw Duncan wright to Mertimes 1652 and in boll and fie ues . . . . 100 0 0 Summa ...... 15266 0 0 Is fyftein thowsand Two hundreth thrie Scoir Sex pound This 13th of Junii 1653 Such is the last entry. The builder of the house did not live long to enjoy it. Our family historian who married the grand-daughter of "old Sir Robert"—" the old Laird of Innes" of the troubles—characterises him as "a man of extraordinary vertew and reputation." Lord Brodie, his son-in-law, speaks of him with greater affection. In the little summary prefixed to his diary, the Laird of Brodie notes— "the well-beloved Laird of Innes, my dear father-in-law, did take his cancer in the month of January, 1656;"—and on the 17th November, 1658, " the old Laird of Innes my father died; and let his memory and name be had in sweet and everlasting remembrance!"' Brodie tells us elsewhere of him, he "was so happy that we had never more peace than in his time, and good understanding among all the families in our county more than had been for many ages before."2 i I had not observed this date when I con- L Diary, p. 284. jectnred the death of the old Laird to hare happened In 1857. Supra 1.164. It is safer to judge him from the character given him by the other faction. James Gordon of Rothiemay calls the old knight a wise and gallant gentleman,' and Patrick Gordon of Ruthven says he was esteemed as an oracle through all that country.3 The parson of Nairn, who wrote his history of the House of Kilravock in his son's time, rises to enthusiasm in speaking of Sir Robert and his family—"In our own times, there lived Sir Robert Innes of that ilk father to the present laird of Innes, and Sir Robert Innes of Muirtouu, who, for prudence and courage, might have been counsellors to, or commanders under, any Prince. There-was also Sir John Innes of Sandside, a very stout and gallant person, who had much of the favour of his present majesty."3 Sir Robert, his son—the "young Innes" of Spalding—fell upon worse times even than those of his father for people of their persuasion. He succeeded, by the death of his father, in the year that Cromwell died. The Protector was no favourer of the Covenant, but he was too strong to need the support of persecution, which came in soon after the Restoration of Charles II., and arrived at its height, and produced its remedy, under James II. The Covenanters owe the sympathy they have received mainly to the persecution they endured. What showed as spiritual pride and intolerance in more prosperous circumstances, became enobled as religious zeal and brave endurance in adversity; and resistance to a cruel government obtained sympathy from loyal and peaceful subjects. "Robertas Innes de eodem, junior,"—had matriculated at Kings' College, Aberdeen, in 1635, and very Boon after, the "young laird Innes" is found as a forward man of the Covenanting party of which his father was a leader. He is noted by Spalding to have accompanied an irreverent minister, Mr. Gilbert Ross and the "Laird Brodie," in 1640, in destroying, but authority, the rood-screen, illumined with the crucifixion, painted in excellent colours amid stars of bright gold, that still withstood the weather in the roofless Cathedral of Elgin. The desecration was not unattended by marks of divine displeasure, for why should the Puritans have such supernatural signs all on their side 1 Two years later, by the influence of his father-in-law, the Earl of Moray, and a transaction with Leuchars, the hereditary constable, (he young laird of Innes obtained possession and set up his residence at the old Episcopal Palace of Spynie, when Bishop Guthrie retreated before the storm, and was fortunate enough to find shelter in his paternal home in Angus. Neither did that meddling with the property of the Church pass unpunished. Spalding records that his own stately house of Miltoun was burut the same night he took possession of Spynie 1 'History ui Scots Affairs, p. 263. 'Britane's Distemper, p. 110. - Family of KUravock, p. 97. Sir Robert Innes younger was with Hurry at the rout of Alderne in 1646, and himself "wan safe away," though the lands and houses of bis family were diligently destroyed by Montrose, who indeed left the track of his vengeance in fire from the banks of the Nairn to Spey. We have characters of this Laird drawn by friends and enemies. Spalding, disliking his principles in Church and State, represents him as a gallant soldier notwithstanding. The Laird of Brodie, who did not love him so well as his father, leaves the impression that he was a man of ability, very resolute, and rather determined to have his own way. "Young Innes" seems to have managed the estate and county business for his •' cousin," the Marquis of Argyll, during his tenure of the Huntly earldom. Some of the correspondence of that time is useful for Moray history. The two drafts are in the yonng Laird's own hand. His style of writing, especially to his Lady correspondent, is somewhat cumbrous and Oliverian. Perhaps the letter was in better grammar than the "copie." Gopie of my Lord Marques off Argyell letter. My werrie honorrabill Lord Haueing receaued noe returne to (at least) thrie or ffour leteris which I haue wrytein to your lordship since Patrick Iimes north comeing geives me occasione to think that they haue miscaried, for prewention of which I have sent this berrar by whome your lordship may haue the better and shourer Conveniencie of leteing me knowe your plesour in these particularis I deid mentione in my formers leteris, lykwayis that I may haue your lordships adwyse in some garticullaris which presentlie doeth offer. My Lord the ordinarie tyme at which the rentis of this countrey wsed to be payed (whill the bollis in kynd ar not exacted) is mertemes, I find a generall unwillingness amongis the wholl gentillmen to pay any thing, wpone pretentione of ther danger by thois bandis I wryt to your Lordship formerlie of, nor dow I expect any satisfaction without compulsitouris, both which dependis wpone your lordship. On is befor any legall course cane be taken with them, I most haue your lordships seaseing to instruct your titill before the Sherreffes . This your lordship will be plesed to send by the berrar. I should lykwayis humblie offer if you think it ffoot that you waild be plesed to wryt a lyne to Doctour Douglas howe is Shcreff of bamfe and ane other to Mr Johne hay who is in the same office in our Shyre of Moray, that they waild dispatche and in so farr as shall be mad apeir to be just owein and forder your lordships bousines befor ther Judicatores. A secound that will be absolutlie necessarie that your lordship will returne this berrare by Edinbrough and that you waild wryt to any serwant ther to purchasse ane order ffrome the Comander in chieffe To Capitaine Androwes quho now commandis in the boge, or in eaice of his remowall to any that shal come in his place to asist me with ane pairtie in caice neid beis for the colectione of the rent. I shall be werrie on willeing to mak any great wse of this warand quhen it is purchased, if it be not wpoun extreim necessitie, nor would I intertein your lordship so much with this subiect if ther war not tow just a ground. I shal insist no moir wpoune it at this distance, onlie desyres yore Lordship to be spareing in confirmeatione or Coroberatione of any off ther rightis or ffewes till you see how thay carrie, ffor I conceive the best way to persuaid some of them to the discharge of ther dewitie wil be to haue some awe band ower ther hedis. If your lordship keip up your handis ther may be eneugh of this, ffor I have extracted the clause irretant of most of ther few charteris. If your lordships sonc lord neill be inffeftit in thir landis and that it be his seasing which you send north, it wil be nessesarie that your Lordship cause transcryive my factorie and that he subscrive it and send it north, or that he subscriue a procurattorie to me to pershewe for thos particullaris beffor the Shereff. This which most be the ground for me to pershewe on I rather inclyne to the first of thes but Icvves it to your lordships owein plesour. I lykwayis humblie iutreat your lordship to mynd the followeing of some course for the redrese of your walowatione and extraordinarie sesse in this countrey; that I may haue some directione in the cleireing of the restis of the crope 1650, of both which I ded humblie offer my owein opinione to your lordship by my formers; quherein I did lykwayis creive a particullar warrand ffrome your lordship ffor payeing the gardner deir keiper (who whill the soulderis are heir is ane necessarie serwant) customer biger of the park dykis and wtheris nesessarie serwantis ther bollis. Whill Collonell Morgane was last heir he thocht it nesssesarie to place ane squadrone of horse with the foot which were to stay at this place. This stratnes the accomodatioue of the house so that I have no rowmes alowed me ather to wait wpne your lordship if you should come or for my self quhen bousines calles me heir. Your lordship may purchase ane order ffrome the Comander in Cheiff to allow ws the dyneing rowme and the roumes of that flour ffor your wse. I shal trubill your Lordship no fforder at this tyme then to intreat ffor ane particullar ansuer to thes particullaris and with all to professe my willingnes to extend any thing that is within my possabilitie to dow your lordship serwice, as being

                 My Lord,  Your lordships most afectionat -Cousin and humbill Serwant 

Bogegeich 29 September 1654. Copie of my ladie Marques off Argyell's leter. Madame Tin/ in thes distractiones and miseries wher wnder this pour land hath thes yeirs bein exerceissed I haue not had the good ffortoune of persounalie to doe my lord or your ladyship that serwice I both owed and emed at, yit 1 shall expeck and pled for that fauorable constructione att your ladieship may not imepeoutt it to ather wnwillingness or fforgetfulnes of thes tyes and obligationes which I am sensibell off to ly wpone me to doe my lord and your ladieship all the posibell serwice In my pouer. Madame 1 haue Imbresed this opertounatie in the wudertakeing any charge of my lordis affairs in thes places, not that I concleud my self fitter for the dischairgeing of them then any he could haue pitsched one, onlie that 1 may witnes my realitie and willingnes to extend my self In any thing within my pouer when ocatione shall forder offer to doe him serwice. I dow by tymes wryt to my lord of such particullaris of his affaires as offers, which ather through the miscaireing of the leters or the presouris of my lordis wther weightier purposses I dow not Recaue so direct and full ansers as war nessesarie, I durst humblie Intreat that your ladieship waild my ml my lord of this or in caice of his nessesitat dewertismentis you . waild be plesed to suplie it, I should tak it as ane ffauor. I shal fforbear to trubill your ladieship any moir then by subscryweing my aelfe' madame Your ladieship's humble Sert. boge the 29 7ber 1654 The old laird writes more strictly to the point, and in a fine scholarly hand: For my verie honorabil Lord the Marques of Argyll. My verie honorabil Lord, I have returned with the Lord Brodie that wreat which wes drawin betwix your Lordship and my sone at Sterling, and hes sent wther wreattis relating to that bussines of the same tener and meaning. I have takin such landis as are neerest to myne upon the uthir syde of Spey, and for the rental I sall be obliged that it sall not exceed the fourteen chalder victuall and foure hundreth pounds. If your Lordship sall be pleased to subscrywe the contract and the charter it will put me in sume securitie and will nocht prejudicatt to your Lordship, and I will ever continew Your L. most humble servant, The 3 of October, Robert Innes. 1654.

• [From the Marquis of Argyll.] For the Lairde of Innes younger. •

Loving Cusin I profes I know litll what to say at this distance but in generall to remit to your self to doe in my affairs what you see best, for I trust you better nor my own judgment at this distance, and for your better exoneration let my Lord Brodie, peter Innes, Achintoull (I mean the gentleman was in Striveling) and Park or any of them whom you can haue, give yon thair opinion lykways, or any other understanding men in my lord z
Imntlie's esteat, but I say not this to limit you. I think you wold do weall •to propos to the gentlmen of Banfshyre that my rents may be put in sum equalitie of valuation with others for I had rather they did any thing by consent then otherwayis for if I be forced to meen my self in it to the Judges it will doubtles discover thair cas mor nor I desyr to doe, for it is Justice to my self I creave not thair hurt. The dealing of a unnaturall sonne does so troubll me in theis pairts that I cannot doe in any thing of my affairs as I wold, but in due tyme I houpe god will look to it in his righteous judgment wpou whom I rest and remains Your affectionat Cusin to serve you,

                                                         Argyll.  Inch Conell 13 8ber 1654 

[From the Marquis of Argyll.] For the Laird of Innes younger, thes. Loving Cusin I receaved your letter in this place by your Servant and just the day befor, I had wreten to you by Nicolas Dunbar whairin I left to you the doing in my affairs thair what you judged best in the particulars, only for your supplie I desyred you to take advyce of my Lord Broddi parkpeter Innes and Achintowll as I remember his styll the gentlman who was with ous at Striveling, or any of them you can have, or any other thair who knew my lord huntlie's affairs best. This I wret in generall and I am still of the same opinion but for reduceing theis bandJ given to my Lord huutly I cannot think that my pairt, for it is known my lord huntly thrust himself in my possession of the bag and I think I may creave my rents from my vassels and tennants without production of any Seasin, and they know Inhibition was served against their paying him any thing. I tell you freely thes wrote ar not so near me that I can have them on a suddain, so you must doe in the present tym what you can, and send to Mr George Norvall and get his advyce what will be necessar in that busines, for he and Sir Thomas Nicolson ar my ordinars, I shall not forget I houpe to speak to the Commander in cheef about sum rowm in the Bog if it can be. I sent you my advyce concerning the rectification of the valuation, that I wold first try what might be donne by the Shyr themselves, for I know if they do it not by consent they will los by my complaint, so in prudence I think themselves will eas me. I remember no other thing but the letters to the Shirifs which I had no tym now to wret but with the lords assistance they shall be sent to you shortly. So leaving all to your own cair in the mean tym I rest Your Loving Ousin Argyll Inch Conell 16 8br [From the same ] For my Lady Marquis of Huntly. Madam and dear Neece, . « I receaved your letter by David Tyrie and heard a proposition which he maks in your Ladieship's name to give you bak your portion and it wold content you for your joyntour I cannot say but your desyr is reasonabll if any possibilitie wer to satisfie your Ladieship, for I say it trewly to your Ladieship it is not in my power to advance monies; for the burdens of that famelie and others ar lyk to bring me in great straits, for in treuth I never yet had my annuall rents payed in any yeer I receaved most, and many yeers I wanted neer altogither, pairtly in your father in laws default and lykways in your husbands. Yit all that shall never mak me fall short in my dewitie to the famely without my own ruin, but yit theis things disabll me from doing many things which I wold willingly doe if I wer abll. In the mean tym I am informed that your lord took bands payabll to Kokstoun for a great pairt of the fearms of the Enyie, I beleeve your Ladieship can cleer that it was no reall deed nather could it be donne lawfullie Thairfor I intreat your Ladieship to let the Laird of Innes know the reall treuth of that business, that your Ladieship's ingenuitie in any thing may concerne me may appear. I received a freinch letter from a young Lady y*our dochter An, and tho I be not capabll to judg hir french yit I must commend your ladieships cair in hir breeding and hers in learning so weall; and I wisch heartily you both wnderstood better the right way to that inheritance purchased to ous by a rich pryce and given to all freely for whom it is appointed? and this knowlledge alon and non els can and will strenthen our hearts in the mids of other troublls whairof non ar exempted. So remembring my seruice and blissing to hir I rest Your ladieship's affectiouat \Vncle and Servant, Argyll Carrick, 2 March 1655 I expected your Ladieship had remooved long since from Strabogie and I desyr and intreats your Ladieship it may be so [From the same.] for toy loving cosen the Laird of Innes younger, thes Loving Cusine Yours 8th februare came to my hands, In answer wherto I am content that the ministers be payed of what Stipends they have legall and just right to, and that since my last Intromissione only; and for what precedit my intromissions I can say nothing'to that till I know what they got and whoe Intromettit with anything they wantit. Concerning the tryell wherof I gave commissione formerlie to your selfe Achintoll, Laird of perk, Jon Innies. I have writtin a lettir to the ladie hmit lie concerning these bands which Cokstoune hes, which 1 have sent yow with a flying seall that ye may reid close and delyver the same, and ye may shew Cokstone that he knowes I wes not wanting to doe him any kiudnes I could and soe will not expect that he will offer to keip up these bands to which he hes no right because the late marques of huntlie had no power to meddle with these rents nor give discharges therof. I desyre ye will deal all ye can with Cokstoune to get these bands from him; and if he deal so strictlie as to keip them in compensatione of what my nephoy George lord Gordoune wes 'owing him and that ye can do no better I am content ye transact with him for a thowsand merkis at most and lease if possible may be In satisfactione of that debt owing him, and take ane assignatione fra him to the band and get the rest of the bandis fra him that remaines efter the payment of that thousand merkis, iff ye can-not get it for lesse. I have according to your desyre writtine a lettir to the laird of Echt of whose freindship and favour in any of my concernments I doubt not. As for my commissioue to Peter Innes which ye mentione in your lettir, it hes no contiugencie at all with any thing relating to the setting and reasing of tennautis which Peter showes me he disclaimed before my .Lord Broddie and yonrselffe, neither wold I have done any such thing unknowin to you. I have writtin to Mr Jon Campbell Shirreff Clerk of Aberdein to receive any money from you for me, and his recept therof shall oblish me to allow the same to you pro tan to. I intreat you to let me have alse much money as may be, for there is much neid of it. Your cair in all these things shall lay a speciall obligatione on me to continow Your affectionate freind and Cusine to serve yow Argyll Carrick, 3d Marche 1655. (Ressavit 26 March, 1655.) [From the Marquis of Argyll.] for my loving Cosen the Laird of innes younger Loving Cosen I remember at the meeting I had at Sterling with my lord Huntlie's freinds it was condiscended that Buckie should have some lands given him for his releese of that soume he is ingaged in for the house of Huntly and because I cannot call to mind the particulars and I am very willing to doe Buckie any good I can and I find him willing to accept of the conditions coudiscended on at that tyme or what else the freinds of the house [of] huntly and I shall think fitt to beo done in that busines when it pleases God I returne to Scotland, Therfor 1 desyre that by the advyce of the Lord Brody park and Aachintowel who were present and consenting to what was done at that tyme, yee may give present possession of those landis and dewties which were agreed on that he should have by the freinds of the house of huntly and my self at Sterline, and take Buckie's nott when yee put him in possessioun obliging him selfe to accept of those landis or what else the freinds of the house of huntlye and I shall thiuk fitt to be done for his releese in that busines as compleat satisfactioune of that debt dew by the house of huntly to Donaldsone Hilton's airs for quhich he is cautioner and for all the premises this shall bee your sufficient warrant from Your affectionat Cosen to serve you Argyll London the 23 of ocr. 1656. (Receaved the 17 of December 1656.) [From the same.] For the Lairde of Innes younger Loving Cusin I will not complain at this tym that I had so litle rent from the Enyie, but I do Intreat you to provyd what you can this yeer and tymously. I must mak ane other requeist to you that when the wret cums to your shyr for electing a member to serve in parliament that I may have so muche respect from you as to prevaill for Maior Beak captain to his highnes lyf gairde who is a very deserving gentelman, my freinde, brother in law to Coll Lilburne who is a reall freinde to all honest Scotsmen, and I assoor you your shyr shall hawe no burden for his alowance. All theis things I houpe will so fortifie my desyr in this that I shall confidently expect a satisfactorie returne, and you may command me as Your affectionat Cusin to serve you Argyll London 27 Oct 1656 On the back is noted by young Innes—" 1 December. The tenor of this • letter obeyed in the electione of a Commissioner to the parlament, and in that letter I vreitt to the Marques I desyred him to employ another in his affaires in the Eyngie."

The correspondence Is bulky and rather monotonous. The Marquis under the constant pressure of his creditors is always urgent for money. "Remit to Mr. George Campbell—to Mr. John Campbell of Aberdeen—finally send victual—send money." On the other hand, his "honoured cousin" had hard work to extract rents out of a poor and disaffected tenantry, who might have no great love for their "natural lords," but neither love nor much fear for Argyll. They had not learnt the western awe of Maccallummore. From the Enzie, it was "a far cry to Lochawe." A few extracts serve to show the state of the country. By a .settlement at Stirling often referred to, the customs of the Huntly Lordship had been fixed. The mart was priced at 20 merits; the mutton 5 merks; the lamb 20 shillings; the capon 6s. 8d.; the hen 5s. These the tenants found exorbitant. 16 merks for the mart; 4 for the wedder; 1 for the lamb; 5d. for the capon, and 3d. for the hens and poultry was all that had ever been paid to the "old lady," and to Colonel Innes and other Chamberlains. The fiar price of Moray for 1650 had ruled at 8 pounds the boll, and the tenants pretend they sold their bolls to prevent quarterings for the horse levies. "I expeck the convenience of saluting your Lordship with Patrick Innes, with whom I shall overtak whatt I have not now hinted at. "I hombilly plead thatt thes may present my most hombill servise to my ladie." (Letter Young Innes to the Marquis, 5 June, 1654.) In a draft of young Sir Robert, dated 16 Sep., 1654, he writes:—" If your Lordship doe not come, and that you think it expedient, betwix this and Mertemes is the proper time, and I intend to close with the whole tenandrie for ane fywe yeirs take and to incloud with their fermes ther wholl customes and services and make rent of all. "I have hitherto forborne to mention any thing of the conditione I did find the house of the Boge in, nor should I troubill your Lordship with it now war it not that ther is ane necessitie for repareing some thing befor ather your Lordship or any wther can have the lest accommodation. Ther is not a bed sceuitt tebill great or small stoull forme or chere nor lock upone any oter or iner dor left within the whol hous befor my ladie went away." "I find the wholl tenantry much depauperat and tho some thing may be gotten of them for this last yeiris dewties, tho by such compulsitors as indeed I dar hardlie justifie myself in, if it had not bein to windicat my selff at your Lordships- handis, and that 1 knowe pairtlie how much yow have bein a loser by that famallie. Patrick Innes was some tyme a witness to the pains I have been at and quhat faire meanes I have wsit to remowve ther skrupells. I was necessitat at last to giwe some of the countrey gentilmen to be in hand with me, at least to connive at my purchasseing of ane partie to quarter wpone the most refractorie. Efter all my lyf'eting of catell and casteing of cornes is all 1 can come by from some. By this I waild onlie hold out tfie conditione of the pour peopill which hes mainlie been ocasioned through the oppressione of evill maisters by whose crwiltie I know three \ tins dewtie have been exacted in one. . . . "Andro Hamilton had purchased one of the parks which the house can not weill be without. nor can any deir be keepit without it, for besydes the conveniencie of it for the young wood and grase for the deir, now that the most of the wood is cutt, the man labours it for corne and quhen the deir comes out, the hunting of them with doges spoyells them and most of the faunes are kiled this year, and all the dykis throwen doune. . . . "The tenantis are so sore beaten with the pryces the last yeir being fyve pound, that they will hardlie trust themselffis to the fear of Moray so long as 1 have any interest »mongia them, tho indeed thay wrong me, for as I would have ane competent pryce for your Lordships interest jtef I shall newer wrong them, and it is lyk I most giwe some meitigatioune of the pryces to some of the pourest peypol. . . . "Your Lordship's affairs will hardlie be in so right a freame as I could wish till you be some tyme here. I will not say that all of ws in this pairtis will gewe this counseli, for we cane dow our affairs and represent them more favourablie for our awen behalf at ane distance then your Lordship may judge them to be if you war wpone the place. I will say no moir of this till I have the honnor to see your Lordship which I intend to dow werie shortlie, but that I wait for your answer what to do anent the bandis and that I resolve to put them to some poynt befor I come south." (8 Febr., 1655.) On 4 March, 1656, the poor Marquis writes from London, "to his much honoured cozen,"— The incessant importunity of my creditors pressing mee nocessitats me to renew the oftener my desyr to you." Next year, it is after his return to Scotland, there is still the miserable pressure for money, and he ends—" I am resolved with the Lord's assistance, to be as soon in that countrie as I can, but the bearer (this seems to have been his confidential counsellor, Patrick Innes of Mefts) can tell you sum present impediments. So, till I bear from you, I can say no mor, but that I am your affectionat cusin to serve you, A. Argyll." The letter is dated, Rosneith, 22 April, 1657, and has a line of kindness as postscript—" Let this present my service to your lady and father." Along with these letters I find a "Compt taken of Sir Robert Innes of that Ilk his intromissione of the fermes and multer victuall of the Lordship of Enzie and barrony of Focaberis and Ardidaroch crop and year of God 1654, with the maills and conversiones, the Toll of Bellie, fair and fish boats of Buckie and Golachie, feu duties of the lands of the forest of Boyne in Birkenbogs hands, and maills of the Smythy croft of Keyth for 1655." The Charge of Victual is by Rental four score and four chalders, 4 bolls, 1 fir., 1 peck. The Discharge consists of payments to Minister of Bellie, the Gardner, the Porter, the bigger of park-dykes, a small quantity given to the deer, and 18 chalders put in the girnell. Sura ch. 26 15 2 2 Rests—converted to Money . - £3972 6 2 Charge of Silver 1604 0 0 Price of 34 marts converted at 16-merks ". 364 0 0 113 wedders converted at 4 merks ...... 301 6 8 67 custom lambs at 50s. ....... 50 5 0 5 mill swyne at 4 pounds, and 3 at 10 merks . . . 28 .0 0 27 stones brew tallone at 3 pounds ..... 81 0 0 22 dozen elnes of cloth at 6 pounds 132 0 0 125 bolls custom oats converted at 43s. 4d., being half victual 270 0 0 The discharge of Silver consists of " Ordinar Deductions" . 200 0 0 Cess within Bellie & Raffan in Banff 1733 0 0 Within Fochabers in Moray 117 0 0 Payed to the Lain! of Innes, elder, for the annual rent of £20,000 paid for the deceased George Marquis of . Huntly to my Lord Drummond .... 1200 0 0 Paid under distress for spulzie of Teinds .... 2000 0 0 To Alexr. Sherrar for holding courts, &c 25 0 0 »
One item of £208 "giuen to Colonel John Innes" is marked on the margin "not allowit." The second Sir Robert, like his father, represented his county in parliament when parliaments were restored to Scotland after the Restoration of Charles II. In 1661, Sir Robert Innes of that ilk" is among the Barons commissioners for shires. The same year he was upon the Commission "for Trade and complaints," and on the Commission for Plantation of Kirks and Valuation of Teinds. He appears as commissioner to Parliament again in 1G62; on the Roll of Justices of the Peace in the following year, and among the Commissioners of Supply in 1667. I do not find when Sir Robert died. In his time 1 find the only notice regarding the family arms, for in truth the old Barons were no Heralds. In 1672, when Sir George Mackenzie was collecting materials for his book on precedency and heraldry, he applied at Elgin for proofs of the Innes pedigree and arms. His Moray correspondent, whom I know only by his initials J.D., sends him copies of the two most ancient charters, those of Malcolm and Alexander II., because "The parchments and seals are so brittell and vorne out with time that the laird Innes durst not adventure to send the originalls." "The antient armes of the familie (he writes) are thrie mulets Azure in a field Argent, situat two above, on below. Therefter they quartered three Beares [boares] heads Ore in a field Azure with the old armes, situat two above, on below. The crest a Beare's head. The supporters, two greyhounds. The moto, Be traist. About the end of the reign of Robert 2d or beginning of King JRobert the 3d, Sir Walter Innes laird of Innes married Jonet Aberkirdor, only dochter to Sir David Aberkirdor of that ilk by whom he had the lands of Aberkirdor, assuming lykways three Beare heads as ther armes quartered with ther owne which the Lairds of Innes carrie as ther proper arms. I find all the cadents of that family old or late carie the old armes without distinction, viz., Three Mulets Azure in a field Argent alanerly. Innermarkie's predecessor was a second sone of the Laird of Innes family about the dayes of King James the third: but caries no distinction of armes from the rest of the cadents. Besydes thes of antiquitie the Laird of Innes hes divers evidents that manifest the fame and honor of his ancestors, such as knyghting for service done in batle; lands given them in Murray for ther faithful service to the Crown. Ther great lands, honourable alyances, and memorable actiones of valour beeing monuments of honor and power, as wcill as of antiquitie, t forbear to inlarge, conceaveing the copies of thes two evidents most suitable to your desing and the dischairge of the promise made by Sir, Your most affectionat servant, Elgin, Maij 8, 1672. J.D. In our charter-chest are two brass seal-stamps of the two Sir Roberts, impressions of which are found appended to several documents already mentioned. The stamps themselves a little reduced, are figured below their impressions— Sir James was served heir to his father Sir Robert, as well as to Sir Robert his grandfather, on 26 October, 1697. I think he may have succeeded in 1692, in which year (Jan. 4) I find "a brieff mappe of the affaires of the family of IMiirs" presenting a sad picture of embarrassment; The debt on the estate was £60,000 Scots. The rents of the barony paid by tenants, after deducting feu duties, the bishop and minister's stipend, and the victual allowed yearly to the tenants for peats and hooks hire, came to 40 chalder, besides the mains, park, meadows, which at 100 merks the chalder, communibus annis, make £2666 13s. 4d., leaving £74 or thereabout of overplus. The mains, parks, and meadows being considerable, were thought sufficient to maintain the family—having the customs and casualties of the whole barony. The free rent of Corskie, Mill of Garmoth, and Meft, creu fishing, of money, salmon, and victual, with the foresaid surplus of £74, makes in all the sum of £538 or thereabout, which is all can be spared to the Laird and his children over and above as aforesaid. "The Lady" who was infeft in Garmoth consents that it be dealt with for the family use like the rest of the property. And she and her son subscribe their agreement— Jeanc Ross. Sir J. lnnes.

The contract of marriage of Sir James Innes of that ilk, his father Sir Robert consenting, with Margaret Kerr, third daughter to Hendry Lord K It, with consent of ane noble Earl the Earl of Roxburghe," dated 18 July, 1666, together with a Crown charier in their favour (14 Dec., 1666) and seisin thereon, is noted in the Inventory 1767, when it was not yet foreseen of what importance that marriage was to be, ad restaurandam antiquam domum. Sir James had been feudally invested in the barony on his father's disposition, (8 October, 1687) a good many years before Sir Robert's death. Sir Harry Innes, while still in apparency—" younger of that ilk"—was elected member for his county, July, 1704. Along with his cousin and brotherin-law, John Forbes of Culloden, and with many mistaken patriots of that time, he voted against "the incorporating Union" with England. The following billet of hospitality shows the brothers-in-law in more genial temper: I am indebted for its use to Captain E. D. Dunbar of Kinloss, a descendent of the "Archie" Dunbar, to whom the letter is addressed, the kind genial friend and neighbour—the "Dear Archie," of all Moray.

         To the Laird of Thunderton att Duffus.  Dear Archie, 

Culloden and I bid you heartily welcome home. I thank you for your care of my letters, hut wish you had made this your road. Were my side recovered of my horse' fall and my own, J had seen you this day, which also hindered my seeing your children when I designed. (Julloden and I do most earnestlie heg you to take your morning drams with us here on Monday morning, and it is hard to say hut either or both of us will convoy you a pairt of the way hom, if both be able, and perhaps the whole length home. In the meantime satisfie us if there be a battle in Flanders or not, because it is so told, and if so, who won, and what other of news you please We are, Dear Archie, your obliged and affectionate comrades to serve you, Harrie Innes. April 3, 1702, J. Forbes. Innes. Two more familiar letters help to make us acquainted with young Sir Harry. They are to the same friendly neighbour whose dwelling at this time was in the fine old family house in Elgin, once the town residence of the Earls of Moray: For Mr. Archibald Dunbar off Thunderton att Elgin. Dear Archie, Innes, Dec. 23, 1702. I am not so great a fool as to make feasts that wise men may eat them; nor yet so great a presbyterian but I can eat a leg of a goose and play at omber on Tool day. If you will come out here on Thursday night, the Doctor and you and I shall be as merry as we can: and if you bring Mes-john with you, to be fool in the familie and make us laugh, you shall have a revenge of your lost 15s., and mightily oblige your obliged friend and humbell servant Harry Innes. Send me your news by this day's post. If you have any commands for Edinburgh, I am to send ane expresse which will be dispatcht this night.

                                        Innes, February 2, 1703.  Dear Archie, 

It is good for a man to pay his debt while he has gear. I send you your swan's skin. But lest you have a highlandman's appetite for annual-rents, for your loan of that I had of you, I send another which I slew yesterday. I shall be glad to play with you at hunting or shooting any day you are at leisure. If the dayis post brings you any news, I shall be glad to know what they are. Meantyme I shall continue D. A. your oblidged friend and most humble servantt Harie Innes. If you have use but for one skin, the Doctor will thank you for the other. The Doctor" of these letters was Robert Innes, no doubt "one of the family," who practised at Elgin, and was not only the physician but the confidential friend and humorous correspondent of all the families round. The mess-John of the irreverent presbyterian was, I think, the Reverend Mr. Henderson, the clergyman of the Episcopal congregation at Elgin, who, a few years later, made such a valiant defence of their right to meet for service in the "Little Kirk."' The swans were, no doubt, the produce of the Loch of Spynie, where Charles St. John took his sport a century and a-half later, and which, has always been celebrated as the winter haunt of the wild swan. i The whole proceedings are corions, and Lords. A summary will be found in Robertmoit of ill, the decision of the House of son's Appeal Cases, Anno 1713. It is not much to found upon, but these letters persuade me that Sir Harry the first was a pleasant person to live with, what school-boys call a good fellow. Of Sir Harry the second we have no domestic or private documents—nothing more characteristic than papers connected with his office of Convener of the County. He died in 1762. We now part company with the genealogist under whose guidance we have travelled so long. Duncan Forbes of Culloden, our author, was married to Marie Innes, daughter of the second Sir Robert limes of that ilk, and felt a warm interest in his wife's family. He was a person of great worth, and of some of the intelligence and talent which shone in the next generation of his house. He had turned his attention, as his son did afterwards, to the dangerous state of the Clans, and is known as the author of a "plan for preserving the peace of the Highlands." He was eldest son to John Forbes of Culloden, and father of another John, who, I think, figures in the Culloden traditions as "Bumper Squire John." His brother David was an Advocate and Judge (Lord Newhall.) But the most distinguished person of his family was our author's second son, another Duncan, Lord Advocate and President of the Court-of Session, who inherited the puritanism of the families of both his parents, and was withal the best and most useful man of his age in Scotland—an honest man in a dishonest age. Duncan Forbes, the author of this History, died in 1704; and I have not met with any continuation of the family history he had brought down to his own time, except the little MS. now preserved at Edingicht, which seems to have been penned by Mr. Robert Innes the Lyon Clerk, to whom our author had recommended the duty. (p. 15.) It is a mere transcript of the early part of Forbes's work, with a slender continuation down to 1729. Sir Harry Innes was served heir to his father, Sir Harry, 29 January, 1723. The Edingicht M.S. (1729) records that— "Sir Harry Innes was married on Forbes of Culloden's daughter [Mistress Jean Forbes, his cousin—contract dated 3 and 8 Sept., 1694] to whom she bore many sons and daughters. Severalls of them dyed young, among others Sir Robert, a pretty youth, dyed a little before his father, whereby the present Sir Hary Innes of Innes, 4th or 5th son of the first Sir Hary, succeeded to title and estate, and has John and another brother alyve as also three sisters, the eldest Mistress Margaret a very pretty young lady, married without her friends consent, immediately after her father's death, Captain George Innes in the Earl of Orkney's Royal Regiment of Scots foot now in Ireland, to whom she has children. He was her own cusine-german, but a great disparity of age betwix them Her other sisters, Mrs Anne and Mrs Jean, not yet married. Sir Hary Innes, the 28th of the family, and is lately married to Mistress Ann Grant 2d daughter to the present Sir James Grant of Grant, and member of parliament, and has prospect of issue. Her eldest sister is married to the present Duff of Braco, a man of an immense estate." The second Sir Harry's contract of marriage with Mistress Ann Grant, daughter of James Grant of that ilk, is dated 9 October, 1727. He died in 1762. The eldest son who survived was Sir James Innes, the 29th baron according to Forbes's enumeration. Sir James was served heir to his father, 7 February, 1764. In 1767, he sold Innes and the whole remaining estates of his family to the Earl of Fife. In 1769 he married Mary, daughter of Sir John Wray of Glentworth, grand-daughter and heiress of Fairfax Norcliffe of Langton, and took the name of Norcliffe during her life. Sir James married secondly, in 1807, Harriet Charlewood, daughter of Benjamin Charlewood of Windlesham. On the death of William Bellenden, fourth Duke of Roxburghe, (1805) he succeeded to the Dukedom of Roxburghe, being heir male of the body of Margaret, daughter of Hary Lord Ker, who married Sir James Innes in 1666. James Duke of Roxburghe died in 1823. James Henry Robert, his son by his second marriage, succeeded him. He is, by inheritance, (6th) Duke and Earl of Roxburghe, Marquess of Bowmont and Cessford, Earl of Kelso, Viscount Broxmouth, Baron Ker of Cessford and Cavertoun in the peerage of Scotland, and, by creation, (1837) Earl Innes in the British Peerage. It is a goodly array of titles of honour, but north-country historians like Duncan Forbes would perhaps consider it not the lowest of his claims of ancestry, as assuredly it is the most, uncommon, to be the thirtieth Baron in a proved male descent from Berowald, on whom King Malcolm IV. bestowed the lands of Innes, at Christmas, 1160, after the concord of the King and Somerled. The Duke of Roxburghe married in 1836, Susan, daughter of LieutenantGeneral Sir J. C. Dalbiao, K.C.H. Their children are— 1. Susan Harriet, married to James Grant Suttie younger of Balgone. 2. James Henry, Marquis of Bowmont and Cessford, born 1839. 3. Charlotte Isabella, married to George Russell. 4. Charles John, born 1842.

CADENT FAMILIES. Perhaps our author's reason (p. 15) may be considered sufficient for not making an account of the collateral and cadent houses of the name of Inn<>. There are other reasons of even more weight since his time. The fortunes of the house of Innes were at the height from the days of James •with the Beard, the servant of King James III., down to the time of the two Sir Roberts—the old and the young Laird Innes—of the days of the covenant, when the name could still be said to possess all the land from Spey to Lossie, and to have the chief sway in the county. But from that time the fortunes of the family began to ebb. 1 attribute their decay to the expense of the long civil war in which they took a leading and costly part; to some fines and "benevolences" levied by each party when in power; to the damage occasioned by the ravages of Montrose and other leaders of expeditions; to their losses in the struggle of Huntly and Argyll; to the expenses of a parliamentary life and residence in the capital; and finally to the cost of their new House, of which I have given some details. But from whatever causes, the distress became visible in the 17th Century, showing itself first in the sale of the Aberchirder and BanfFshire lands, and ended in the sale of the ancient Innes barony in 1767. The other houses of the name followed the Chiefs unfortunate course. The lands of Ogstown, Plewlands, Drainie; the great possessions of the bad rac« of Innermarkie, Balveny and the rest, the lands of Orton, the quaint Tower of Costoun with its land, the barony of Muirtowu on the Findhorn, the estate of Blackhills, and last of all Leuchars and Dunkinty nearest to Elgin—all passed to new owners, till in the fair district they had so long possessed exclusively, at the end of last century, not a rood of land belonged to an Innes. It was not quite so in other quarters. The family of Edingicht in Banff has still retained its estate, though I think pared and curtailed.1 The Caithness barons of Sandside preserved their ancient possessions longer, but they too have, in the present century, parted with them. All the old Innes lands in Moray are now the property of the family of Fife, who, for some generations, were of the opposite character to I he Inneses. As the first noble of that family — a very remarkable man and a great acquirer of land — was looking over the valley of Strath-isla when on treaty for purchasing it, his guide called his attention to the number of small gentlemen's houses, each giving out its thin stream of blue smoke in the still air of a bright autumn morning. Aye I" said the old economist, not at all impressed by the poetry of the scene, "we'll maybe learn your reek to come a' out o' ae lum 1" In parting with their lands these Innes lairds, for the most part took little thougi t of their title-deeds, the prevves de noblesse of their families. Only in two instances have I found the family charter chest in tolerable preservation after the ancient patrimony was gone. The Chiefs valued their charters the more from old Duncan Forbes having arrayed them in evidence of the antiquity of their race. Another family of smaller possessions were also careful to preserve the melancholy memorials of their connection with the soil which they could not save. On the rich plain on the right bank of the Lossip, three miles below Elgin stood till lately, a lean single house of three stories, with high fore stair," and tall crow-stepped gables. It hud nothing of ancient tower or baronial style in our time, whatever may have been of old, but looked the Scotch laird's house of the 16th century, capable of much respectability and some, comfort. That was Leuchars, the patrimony of "Craig- in-peril," and iiis descemlents. The line of the roof was broken with window gables, each ornamented with a shield of the three mullets or a single mullet at top, and over the door was the full blazon of Innes with the chevron for difference, but without the boar's heads of Aberchirder. There were some good old hedgerows, and gardens for use more than ornament, ensconced in ugly stone walls, and a stable court of size that spoke of a large home farm. The old building has been swept away in the present generation to make room for an unpretending and I dare say a more convenient house, which is occupied by the factor of the proprietor. i A laird of Edingicht wns in company land was no longer for a gentleman to lira with some high conservatives, out of humour in —" Wec-1! said Edingicht, "I hae jist a* with the progress of free trade and other faut to this Ian', and that is, that I hae n» reforms, and taking a gloomy view of public a bitlic niuir o't." •ffairb — the country was going to ruin— this ^he proprietor of Leuchars, writing in 1709, gives a dreary account of his family residence as it was of old— The complainer's interest lying in ane profound marish invironed with bogs, mosses, lochs, and inaccessible except at some two or three passes, so that the most urgent affaires would not induced ane stranger, skairslie some neighboures, to come to Leuchars in ane summers day without ane errand, so that his lands did not [need] march stones as other lands doe; and of Hit the complainer having by his great expenses and sore labours drayned the said marishes; and the old inarch dykes, stankes, and runes of water which formerly served the complainer as walls of defence being now dryed, the said defenders do invade the complainer's property by making their common cart rods and high wayes thorow the compleaner's c.>rne fields and uther meadows yea thorow very close and precinct, and cast and win fcalls and divots on the complainer's march, as also cut and win pellocks, reels, stobs, and root out trees for transplanting out cf the complamer's bog. Dunkintie, another little property, the apanage of a branch of Leuchars, lay yet nearer to the Cathedral Town, for which reason, and perhaps also on account of the value of the agricultural acres, the laird lived in the Burgh or just without the precincts of the "chanonry;" and his dwelling, a gaunt old mansion not without some pretension to architecture, entering under a "pend" or arch, and, as I remember, having a little concealed oratory hid within the hangings, was known as "Dunkintie House," till thrown down quite lately. It stood in a large garden, of excellent soil and full of fruit, though in danger from the Lossie in floods. The family papers of Leuchars and Dunkinty have come into my hands, and- I am enabled from them to give an outline of the descent of these cadets, as well as a few personal memorials that will throw some light on the life and feeling of the North, during the time of the great civil struggle of the 17th century. I have also another source of information regarding the Leuchars lairds. At the beginning of last century lived a John Innes, laird of Leuchars— be no longer took the good old style of "Goodman"—not well pleased with the .world, and least of all with his Chief, who, be it remembered, was also his neighbour; and there were marches and pastures and peats enough to make war between men of more happy temper than poor John of Leuchars. To account for his undutiful feeling towards the Chief of his name, he says it was hereditary, and that his father on his death-bed charged him "never to drink with the Laird of Innes or Dunkinty, nor in anie wayes to be familiar, nor to black paper with them, nor with their seed after them for ever." Our laird had learnt law by woful experience, and writes lawyer-like, though rather after the style of "poor Peter Peebles," and with a sad familiarity with the language of hornings and arrestments and lawburrowes, and all the executorlals of law. He was not quite illiterate, and quotes scraps of Latin—sometimes lines from the accidence, sometimes brocards of the civilians. But his learning had not made him wise. Fortunately for my present purpose, he bestowed some of his leisure iu pouring out his griefs on paper, and I have before me one roll, very closely written, very many fathoms in length, entitled "Information John Innes of Leuchars concerning the subtle stratagems and underhand dealings of the Lairds of Innes, these hundred years bygone." I propose to use some parts of this Jeremiad, for the poor Laird's information was often derived from his charter-chest which he had studied but too diligently; and it is easy to separate his facts from the colouring of his picture; for he is a simple man, an honest hater, indeed unable to feign or to disguise his feeling of hatred; and it is useful to have a story from more than one point of view. Leuchars, like his forefathers for three generations, was a Churchman and a Tory, and perhaps would have been so even if his Chief had not been Presbyterian and Constitutionalist. Take as our first extract, the account of the family Tragedy: Having by me ane copy of that book of the Laird of Innes's called ane narrative of the succession of the family of Innes since the first Laird called Beroaldus Flandrensis to this Sir Harie the first of that name, which book is written and compiled by the late witty and pregmatick Duncan Forbes of Colloden, Sir David his brother, and some other writers at Edinburgh. ... I intend only to ad heir my narrative so far as concerns this present case, their succession to the said estate and title, which is as follows— To wit, about Six or Seuen score yeer bygone the lineal succession of the family having then fallen weak, first the Lairdship fell in to Alexander Laird Innes, who was eldest son to Robert Innes of Fosterseat only brother-germ an to the proceeding Laird Innes his brother who had no heirs male of his own body. This Robert bad no more children but the said Laird, and ane younger son called John (ever since called Jock the fool) and ane daughter. I shall not touch what I have heard by tradition as to the janglings betwixt these Lairds of Innes for two or three generations before. But it seems, to reconcile differences betwixt them and the family of Innermarkie, this last Laird Alexander did marry his only sister to Robert (I suppose) lnnes of Innermarkie his cousin, and gives him ane tailzie to the Estate of Innes, failing heirs male of his own body. Whereupon Innermarkie supposes himself as well secured as needed be to the Estate in the terms of his tailzie, John the brother being an Ideot. It having fallen out upon some mistake or other that this Laird Alexander happened to kill Innes brother-german to Innes of Pethnik, at the cross of Edinburgh in the time of ane convention of States, when Douglas Earl of Mortoun was Regent, the Laird of Innes being apprehendit was committed to prison and whilst prisoner was capitulating with the Regent for his remission and had as is reported condescended to give the Regent ane Barony of land called Kilmalemnok. But the said Laird was so foolish as to reveal to some pretended friends that although he conceded to the Regents usurious and unreasonable demands then being prisoner, he hoped that law would not favour the Earl, moreover, if he were at liberty he would gladly see who durst possess his lands; which being revealed to the Regent, the Regent sent for fool Joke and tells him how his brother the Laird and his brother-in-law Innermarkie were trailing him as an Ideot; •what would he give the man that would brangle all they had done, and make him Laird in spite of them and all their devices? John easily conceding to all the Regents demands, in short, the Laird's head goes off and John is made Laird, and the Regent got the Barrony of Kilmalemnok, besides other concessions as I find in my own charter-kist. Notwithstanding Johns Lairdship did not make him wise, so John returns to his sister and good brother Innermarkie their house, where efter some short abode, John apprehending some slight from his good brother Innermarkie steals off highly disobliged, and goes with ane great complaint to his cousin Innes of Crom.bie, who entertains John's fancy at ane high rate and humours him to all intents and purposes, till he oblidged poor John to make tailzies, subscryve dispositions, and what else he could demand. However after all this, Innermarkie finds some way or other as is said

to get anc gripp of John frae whom he got sonic posterior rights though too late. And so under pretence of redressing John's circumvention and maltreatment, Inncrmarkie makes ane great deal of business with Crombie. And nothing but blood and murder, &c. Crombie being ane stout courageous man would not be dared out of his purposes, so Innermarkie finding him a little hard upon that head, the said Innermarkie and some of his good advisers resolves the}' will follow some more subtile and hellish measures by contriving a way to murder Crombie and Robert Innes anc youth his only Son. And accordingly under trysting terms having appointed ane meeting with some friends at Aberdeen, Innermarkie takes his advantage of Crombie who had no body with him but John limes of Lcuchars, Gordon of Muiracke, and their servants. And on the night time whilst there .was none with Crombie in his lodging but Leuchars and his son Robert, afterwards called "the Gleed Laird," Innermarkie and his accomplices came to Crombie's lodging and at the stair fitt simulates anc plca and cries out with ane loud voice, "murder, murder, a Gordon, a Gordon." This Cro:nbie being ane sister sone of the Laird of Gights, anc bold man, comes down stairs in his slippers, with his sword in his hand, and upon his outgoing of the door, is shot dead. John Innes of Leuchars being in the room, none with him but the young Crombie, being apprehensive of the tragedy and murder, bolts the door, and by providence, as the story is told, there was ane back turn-pyke opened in that lodging which had been bigged up for many years before, at which back door Leuchars made the young man escape, to the great grief and surprise of Innermarkie and his friends, who intended the son's murder as well as the fathers. So Innermarkie having made all his complices socii criminis by puting each man his durk or dagger in the dead body, they sent also for Mr. John lnnes student at Aberdeen, apparent of Coxtoune then, and caused the young man also put ane dagger in the dead body (as I have heard his own great grand child, the late Sir Alexander Innes of Coxtoune confirm to be a truth ) Leuchars and young Crombie having thus escaped, the next stratagem is how to betray Crombie's relict by getting up the papers, viz. John's tailzie and disposition, etc. from her before she should know of the murder. So the safest and easiest way advised upon was to bribe and seduce William Lorimer, Crombie's Jacksman, to ride post upon his master's horse with the keys of his Charter kist, signet, and such false tokens, and to get from the said Lady, as it was called, the black box with the foresaid papers which the innocent Lady without any suspicion, being glad to hear that her husband and Innermarkie were agreed, very readily goes to her husband's Charter kist, and gives up the papers. Thus Mr. Lorimer being ready to return with good success to his Master's enemies, and making ready his Master's best horse, which amongst others he had told, his master had gifted to Innermarkie, Alexander Innes Leuchars brother Coitts coming by the stable door hears Mr. Lorimer giving ane sigh and saying wo was him for his dear master. So Alexander Inncs Coitts (my great grand father) being unwilling to surprise Lorimer, being surprised himself and not knowing what to make of the words or sigh foresaid till he examined the fellow, whom he found dejected and prevaricating in his discourse, begins to solicit him that he would tarry a little till he make ready to go to Aberdeen to see the conclusion of the bargain, and so furth, Lorimer being averse and would neither tarry nor give Alexander the use of his cousin's horse, nor the credit of the papers, he concludes upon the tragical mystery, and in a word, the fellow being stronger than he, takes advantage and stickes Lorimer, and so recovers the horse and papers. Within an hour or two thereafter John Innes Leuchars had his orders at the Lady Crombie, shewing her of her husband's murder, and desiring her to call some friends and secure the house and papers. So this young Crombie, the son of him that was murdered, being but ane young man, who had none of the name of Innes to own him save this people of Leuchars, to wit, John, Alexander, and Adam Inneses, three brethren, all the rest being confederate with Innermarkie; neither had he any friends on his mother side near to him save the Dunbars of Meft, this gleed Laird's mother being Beatrix Dunbar daughter to the Pryor of Pluscarden (for the relict of Crombie being his second Lady, was Isobel Forbes, daughter to lilacktoune). So Leuchars maintains this Crombie or Laird Innes as he was afterwards, with hazard of his own and brethren's lives, not knowing when they might be all murdered, till he got him convoyed to Edinburgh, and there craved the protection of the Government, which was given. And thereafter marries the said Gleed Laird upon Elizabeth, Secretarie Elphinstone's daughter. So the Laird became valiant in law and friends. (But I know not how it was acted, but I have heard something how, to facilitate the Laird's access and hasten it, to the Lairdship, there was some indirect measures taken with poor fool John, whose death and burial is not well known to this day. I cannot deduce this parenthesis handsomely therefore leaves it.) . . . The writer here gets declamatory. He informs us, however, that Cottis "children's children are termed by the agnomen of crai^ie-parrell to this day"— and how Innermarkie brok both himself and most of his adherents, and the Laird Innes little better. He says: "It would be too tedious to condescend upon various particulars, such as the intended murder and assassination committed against my grandfather Alexander Innes of Cotts, which cost Innermarkie, then called Balvenie, and his friends deep and dear, as I find by ane letter from my grand-uncle Sir Alexander, cup-bearer to King Charles the first, wherein he sends advice to his father how to behave' with Balvenie, and that he would make his remission uneasy for it." Leuchars writes with irony of " that godly family who are and have been always great professors and meddlers as pillars of the Presbyterian Church, although I may say I find nothing of their good actions, but treacherous to their friends, king, and country, whenever they found occasion to advance their own private interest"—but he confesses that Sir Robert, he who died of cancer—" was truly a man of good courage, learned, and well travelled, and educate. He was page to Prince Hendrie, and in good repute with King Charles the first, who did trust him to have been his loyal subject and trusty friend, but being somewhat mortgaged with his Majesty's rents, when conjunct with Sir Robert Gordon of Gordounstoun, vice-chamberlands as they were designed, to the King's rents, when he found the good King's affairs turning to disorder, his polities allowed him to turn his cloak, and so he became one of the King's most inveterate enemies," and then the pious Leuchars prays the Lord may forgive him for neglecting the death-bed advice of his dying father. His narrative proceeds,— Now the most part of all these old stories being almost forgotten, as in effect I find very few or none that can give so good an accompt as myself, having occasion of late to collect several passages out amongst my old papers, the most part whereof serve for little other use, being casten by hand and lying, many of them rotten, in ane old trunk, I think it not amiss to give some little accompt of my predecessors and their succession. I am informed by tradition that the first of this family now called Leuchars was Alexander Innes, ane second son to Robert Innes of Rothmagenzies and brother-german to James Innes of Rothmagenzies, afterwards of Crombie, who was father to the above mentioned Alexander Innes of Crombie, murdered at Aberdeen in manner abovewritten. This family of Crombie hath no more issue to this day, but the present family of lanes, Leuchars and Blackhills. Blackhills was the eldest son of a second marriage to this Robert Innes of Rothmagenzies, as is mentioned in that narrative above written of the Laird Innes succession; but this Alexander, predecessor to the present Blackhills, had his post as Captain of Orkney, and his successors had Catbo and Playds, and so were strangers to all the old disputes and pleas above written. Mow this Alexander, of whom the family of Leuchars is descended, died young, and I hear of no more children he had, at least that came to perfection, but John Innes wedsetter of Blackhills, for in these days the lands in Murray were hard to be purchased in heritage. This John Innes of Blackhills had three sons, viz., John, his natural son, who was born in anno 1539, and deceased in anno 1618. (He had pushed his fortune several years in England and in France, and was in Paris at the time of the massacre of Paris; and after coming home to his native country, having purchased some means and in good credit, he became ane great favorite of Chancellor Seatoun's, and so lived here in Murray, being Baillie of the Regality of Spynie, was ane severe justiciar and ane hardy, brisk man, but had never any children, notwithstanding he was thrice married.) Alexander Inues, eldest lawful son to this John Innes of Blackhills, made his purchase on the other side of Spey, viz., Kinairdie, Ardmelie, Kirktoune and milne of Achterless, Pettie and Billhead in the Barony of Farmartein near Fyvie; and Adam Innes, the third brother, had the wadset of the Milne of Kinairdie from his brother Alexander. This Alexander being sister son to the Laird of Geight, he courted his cousingerman Marjorie Gordon, Geight's daughter, and there being some intrigue betuixt him and his said spouse, they came off abruptly, this Marjorie Gordon being contracted with the Laird of Tollie Barclay. Alexander had seven sons and two daughters with this Marjiorie Gordon, viz. John, Robert, Alexander, George, Jeedeon, Patrick, and James, all men of good esteem. John his eldest son, designed of Leuchars, married Elizabeth Douglas, only daughter procreat betwixt Archibald Douglas of Petindreich and Elizabeth Sutherland daughter to the Laird of Duffus. This John did beget with Elizabeth Douglas five sons that came to be men and seven daughters, viz., sons, John, Alexander, Kobert, George, and Samuel. The • eldest son John married without consent of his friends, Marjiorie Geddes, daughter to James Geddes of Achinreath, who was brother-german to Andrew Geddes of Essill, who though now extinct as to ane family, was the representative of the family of Geddes. And her mother's name was Margaret Innes, only daughter to Archibald Innes, brother-german to the Laird of Balvenie, procreat upon Barbara Innes, relict of Dunbreck baron of Ortoun after she had born 24 children to the said Baron. And this Barbara was daughter to Mr. John Innes of Coxtoune; So this Marjiorie Geddes was ane gentlewoman, and proved ane virtuous wife and bore to this her husband 18 children, whereof ten came to the perfection of men and women, and are all alive at this day (1710) except Walter, who was youngest, and basely murdered at Chattam; after he had wounded his antagonist and taken his sword, he treacherously thrust him thorow the back in cold blood and in peace. The eldest was John, Robert, Alexander, Charles, James, William, and Walter. This John was ill trysted in his affairs, hurried with the Lairds of Innes and their accomplices, and so, out of credit as to any fortune, under the repute of ane broken man, did not marry till he was full 49 years of age, before he got his business in order, and then married Elizabeth Gordon, daughter to Sir George Gordon of Edinglassie. So this being the true accompt of this family I shall . . . But here the MS. breaks off. I will try to put old Leuchars' pedigree in shape, connected with such illustrative documents as his "chartour-kist" still supplies. James Innes of that ilk, the armour-bearer of King James HI., known in the family traditions as "James with the beard" (p. 18) who died c. 1491, by his wife Janet Gordon, Huntly's daughter, had two sons— 1. Alexander Laird of Innes, the 17th laird of Forbes's enumeration (p. 21.) 2. Robert of Cromy, and Rathmakenzie,

Robert had two sons—1. James Innes of Rathmakenzie, married first to Catharine Gordon of Gicht, secondly to Margaret Innes, daughter of Laird Alexander. He fell at the field of Pinkie-cleuch, September 1547, leaving a son Alexander, that Alexander who was murdered at Aberdeen in 1580.1 2. Alexander, who had a wadset of Blackhills (afterwards redeemed) and was styled of Blackhills. He had one son, John of Blackhills. John Innes, styled of Blackhills, had two lawful sons— 1. Alexander of Cotts, (Craig-in-peril) of whom afterwards. 2. Adam of Reidhall, whose second son, James, had a daughter, Jane, married to Governor Thomas Pitt, the ancestor of the Chathams. The evidence of this connexion, which is stated circumstantially by Collins and respectable peerage writers, must exist in England. Jane Innes, ancestress of the Pitts, died Jan. 10, 1727. John Innes of Blackhills had also an illegitimate son John—born 1539, died 1618—named in the family notes John of Coldreasons. He was attached to the Chancellor Seaton, who, among other Church property had the Priory of Pluscardin, and evidently stood well also with Alexander Lord Spynie, whose lay lordship was made up out of the. ancient Bishoprick of Moray. John was legitimated by a crown charter in 1576. He was already styled, of Leuchars, when he took a charter of Carserig, 5 Dec., 1581. On 27 May, 1584, James VI. granted a charter to John Innes of Leuchars, of "the preceptory of the Hospital callit Maisondieu situat beside the burch of Elgin, to the effect that he may sustene the pair men foundit at the said Hospital, as effeiris." As early as 1591 he was Bailie of the Regality of Spynie, and held courts of high jurisdiction, civil and criminal, at Elgin, sitting in the "Jewel house of the Cathedral,' as appears from the Court Register preserved in the Leuchars charter-chest, some extracts from which have been printed in the second volume of the Miscellany of the Spalding Club. By what title he acted previously does not appear; but on 18 Dec. 1599, Alexander Lord Spynie the Lord of erection coming in room of the Bishop of Moray, granted a charter to John Innes of Leuchars in life-rent, and Alexander Innes of Cotts and his heirs in fee, of the heritable oilier of bailiary of the Regality of Spynie and constabulary of the castle thereof, which was confirmed by Crown charter, 25 Dec. 1599. i See p. ISO, 105—I find among the Leuchars regality of Urquhard, subscribed by the Prior Charters a feu charter by Alexander (Dunbar), and Conyent 10 Mar. 1559, and a seisin thereon Prior of Pluscardin, to Alexander Innes of dated 10 Dec. 1560. A transumpt was Crommye, son and heir of the deceased J amee taken at the Instance of Robert Innes of that Innes of Roithmakanze, and Beatrix Dunbar, ilk, son and heir of the said Alexander now of the town and lands of Lewchonris, in the deceased, 21 Aug. 1591. John the bastard, the most successful man of his family, left Marjory Strachan (of Thornton, I think) his widow, but no children, and left money and lands to his brother and his family. 1 During the period while the fortunes of the race of Leuchars were growing under the care of Alexander Craig-in-peril and his kind bastard brother, I find some documents throwing light ou domestic manners. The first of those that follow I do not pretend to explain; at least I can only guess that the indignation of the family of Coxtoun at their heir's marriage with the daughter of Cotts, arose from some remains of the old feud. We learn from a note of "Old Leuchars" on the back of this document, that "this James Innes was afterwards Laird of Coxlown." Of poor Mariory limes I have no further information. Mutuall Obleigment, Alexr and Mr. Jhon Inness of Coxtoune, with Cowbin and the rest of their freinds, to seclude the airis of James Tnnes and Marjorie Innes ffrom ther birthricht, 1612.

At Coxtoun, the secund day of Februar the yeir of God Javi and twelff yeiris. Forsamekill as James Innes sone to Mr. Jhone Innes of Haltone, hes undeutifnlly coupled him selff in manage with Marjory Innes dochter to Alexr Innes of Cotts, but the advyis of Alexr Innes of Coxtoun his guidschir, Mr. Jhone Innes his father, and by the advyis of Rol Innes of Invermarky, Patrick Grant of Carron, Walter Kinnaird of Coubin, his freinds; Thairfor the said Alexr and Mr. Jhone, his guidsir and father, ar content and be thir presents binds and obleisis them selffs to the said Robert Innes of Invermarky, that they sall seclud the said James during all the dayes of the said Marioreyis lyftyme, and the airs quhatsumever gotten or to be gotten betwix them for ever fra all benefit of inheritance that may appertein to them ather be birth richt tailzie succession or ony wther provysion quhatsumever. Protydino alvyes that gif the said Mariory departs this present lyf before the said James without ony airis, upon the said James his humility, he to be resavet, be the advys of the said Ro* Innes of Invermarky, Alexr Innes of Coxtoun, Mr. Jhone his father, Patrick Grant of Carron, Walter Kinnaird of Coubin, to his place of birth rycht as he was befor the mariage of his forsaid wyfe. And baith the saids parteis ar content and consents that thir presents be amplefeit and put in forme to the effect forsaid be the advyis of men of judgment keipand alwyis the substantiall heids herof and that betwix the day and date hereof, and the fyftein of Jnnii nixtocum in this instant yeir of God, Javi and twelff yeris In witnes quhereof we have subscrivit thir presents wrettin be Patrick Grant of Carne, subscrivit with our hands as followis day and place forsaid. Befor thir witness Wm Innes of Orblistoune, and the said Patrick Grant wrettar hereof. i The Leuchari charter chest furnishes the following documents:— a. Instrument of seisin, John Innes of Lu chouris and Marjory Strathqnhen his wife, on a charter by Hobert Innes of that ilk, in the lands of Fanldis of Innes, with common pasturage witbin the Grenis of innes, bounded by the common pasture of the barony of Innes on the east, and the arable lands of Carsrige, alias the Lang Rige, on the Weet, the Coit bum.: on the north, and the boundaries between the Laird of Innes and the Prior of Pluscardin on the south. 25 April, 1583. precept dated 1 April, 1583. '.. Seisin of John Innes of Lowchiris and Marjory Strathqahen his wife, and failing heirs of his body, to Alexander Innes his brother, son lawful of the deceased John Innes in Blackhills, In the lands and town of Lowchiris, on precept by Robert Innes of that Ilk, dated 23 Dec. 1589. Witness, Adam Innes, brother of John Innes. Seisin taken 25 Dec. 1589. '•. Tack by Alexander, Earl of Dunfermllne, Lord Fyvie and Urquhart, heich Chancellor of (he realme of Scotland, to John limes of Leuchorcs and Marjory l-trathauchin his wife, Alexander Innes of CottU and Marjory.Gordoun his wife, and to Alexander's heirs whomsoever for 19 years, of the teinds, parsonage, and vicarage of Louchcris, Fauldis, Curse, Erleskars, and Carserig, and of Cottis. 11 April, 1609. d. Tack of teinds of lilackhills by Alex'. Lord of Spynie, and Dame Jeane Home (Conntess of Angus) his spouse, to Alexander Innes of Cottis and Marjory Gordon his spouse for 19 years. John Innes of Leuchars witness. 27 Apr 1587. e. Seisin of Marjorie Gordun on a charter by her husband Alexander Innes of Coittis (dated 11 June, 1694) In the lands of Cottis called Cottis of Innes, in liferent. 5 Oct. 1595. /. Seisin Alexander Innes of Coittis on a charter by Sir Robert Innes of that ilk (1 Dec. 1597) to him and Marjorie Gordon and his heirs male bearing the name and arms of Innes, the lands of Coittis and Speyshall infra for turn de Spey ad orient tin et portxan aqua de Lossyt ad octidmtcm. 1 Feb. 1597. Alexander Innes. Mr. Jhone Innes. Robert Innes of Invermarky. The next is a letter of a very frequent kind during that age, when a gentleman still counted on the attendance and support of his friends at his trial, as in later times, at a passage of arms. The law proceedings are in Pitcairn's Criminal Trials. Huntlye to Cottis. Richt traist freind, eftir heartli commendatiounes, Our cousing the Laird of Geicht is summondit to underlye the lawe in Edinr the twantie sext day of this instant Febr. Quhilk requyris our owne presence for the saeftie of his Lyfe, quhairfor we will desyre [you] most earnestlie to meit us at S* Jonstowne on Mononday the twantie fourthe of this instant Febr be four hours efternein, therefroe to accompanie us to Edr quhair ye sall stay butt twantie four houris. Thus lucking assuredlie ye will not omitt to keep the tyme and place appoyntit as we sal be most willing till acquyt yow quhen occasioune sall offer Quhairto remitting, Committs you to God. Your assurit and guid freind Aboyne the tent or Huntlye. Febr. 1617.

    To our richt traist freind  Alex' Innes of Cottis 

        Theis. 

Next comes a letter from Leuchars' patron, the splendid Lord Dunfermling, the restorer of Fyvie, the architect of Pinkie and of Dunfermling house at Elgin. It was of this last mansion that John of Leuchars must have acted as superintendent, in my Lord's absence. The Chancellor writes from Pinkie on 5 May, 1618, to his ' right traist friend, Jhone Innes off Leuchars '—thinks all he has done to his yairds very weill and ordourlie, and wishes him to continue the outredding of the warke :— "In stead of thanks or recompence I am ever to burden you the farder and to request you so sone as ye may in the nixt sasone after the ground sall be redde and cleare to cause outredde the same, for treulie I think lang to be in that countrie : and ye may be assured quhairin I can pleasour you or onye of yours I sall ever be readie. In the mean tyme for onye chargis or cost ye bestow on my warkis thair, I pray you give the compt to Jhone Dougall, I have commandit him ansuer you. It is ouer meikle to you to bestow your pains and cair for your kindnes to me: your geir soukl be well satisfeit"—then a little law counsel—"for your man David Dun gif he duell under your regalitie, na horning can be valable against him except registrat in our court buikis or Clerk Registers. Alwayes gif he desire have the same free from all parrel 1, send me ane gift of his escheit, I sal pass it to your name." A letter is copied in a nearly contemporary hand, and marked "Copie of letter, John Coldreasons old Leuchars to his nephew efterwards Leuchars." I think the youth was at St. Andrews, and he may have complained of small allowance. His uncle takes the occasion of a tip to insinuate some good advice. The letter begins—" My werrie veil belovit cusing and brother sone, my werrie hartlie and luiffing commendations rememberit" . . . after introducing a Mr. Harie Urquhart as a valuable counsellor, the writer goes on— Tak all the guid aduyse and counsall of your father and all wther guid freindis, bot in speciall lay your awn compt to behave your awn self sa weill as ye wald win honour to your self, haif the favour and luif of your father, and of me quha tenderis your weill even as your father and as ye wer my sone, not omitting dewtie to na gentilman nor friend of your acquantance. That is the way to purcheis honour to yourself, luif of your father, and of myn ye sall haif na caus to doubt. Quhow laug ye are to remaine thair at the plessour of your father I am nocht certain of his mind therof as yet, bot as I may try and find beraris ye sall not want aduertisement. I suppose your father quha is presentlie in Edinburgh sall acquaint Mr. Harie mair of his mind nor I knaw for the present. Alwayes ye sall resaue fra this gentilman ane takin of myn To wit thrie Rose nobles with ane double angell and four mark pece. This ye sall accept for the present in takin of my guid will and remembrances. And efter I haif resoluit with your father I sall move him als far as I haif power to haif a respect to your estait. As also aboue all things haif a respect to your awin guid governement and to remember that your father hes mony barnis quha ar now werry chairgeable to him and is doing quhat lyis in his power to provyd for you all that lyis in his power. Now brother sone, I tak my lief at yow for the present. Eeferring the rest to this gentilman your speciall freind, committis yow to the protection and blissing of God. Your luiffing uncle ever in the auld manner,

                                      John Innes.  Elgin, the ferd day of 

  Februar 1618. 

John Innes of Leuchars makes his will at Elgin the xiiii of December 1618, leaving his weilbelovit spous Mariorie Strachan his executrix testamentar and universal intrometter. He owes to William Layng his seruitor 300 merks, which he received in borrowing from him. Item to Robert Buchane 62 punds. To the Bishop of Murray 1000 merks and £15 of teind silver. To Robert Innes, lawful Sod to Alexander Innes of Coittis 2000 merks. He leaves to Agnes Innes his sister, relict of Patrick Dunbar, for supplement of her neeessitie 100 punds. To Alex. Layng in Fauldis 100 merks. To William Layng his seruitor 200 punds, with this provision that he shall faithfullie and trewlie obey and serve the said Marjorie Slrahain his spous as he shall be requirit be hir upon hir avne expenses and charges. To Mariorie Layng William's sister 10 lib. To Elizabeth Innes his brothers dochter sex ferlots victual yearlie for her sustentation. To Adam Innes his brother 500 merks. To his auld servand Issobel Lindsay 40 merks. To John Brabner his servand x li. Witnesses Alexander Innes of Coitis. Mr. James Gutherie, minister at Urquhart. Alexander of Cotts, called "Craig-in-peril" from his share in the Tragedy of 1580, married Marjory Gordon, daughter of Gicht, and by her had six sons, all men of action, workmen fit for the work of that rough time, all with sword or pen following Fortune over the world, and still looking back to the loved home, to the honoured parents who had taught them early lessons of godliness and honour. Alexander of Cotts succeeded to his brother's estate of Leuchars c. 1618-19, and died in 1634. Of his children I find some correspondence and other memorials which seem worth recording. Those children were— 1. John, the eldest son, while young served in the French king's guard He succeeded to the estates of Leuchars and Cotts in 1634. 2 Alexander, a'tached successively to Buckingham, to Strafford while Viceroy in Ireland, and to the King. He had, I know not what office in the Royal household, and was employed on a mission to the Queen in Holland. Some of his letters are from Dublin, and he had affairs of his own to manage in Ireland, as well as the Viceroy's; but he resided long in Clerkenwell, London. He was married, and speaks of his wife, but I have not found her name or family. 3. Patrick (of Mefts) employed in the affairs of Huntly and Argyll, and trusted by both families. Dead in 1676, when George of Calcotts was served heir to him. 4. George, had a pair of colours in Lord Spynie's regiment, raised for the service of Gustavus Adolphus, c. 1626. He was afterwards (1653) a Lieutenant Colonel in the King's army, and was laird of Caldcotts. His descendants took their style from Dunkinty, and eventually succeeded to the estate of Leuchars. 5. Robert, in early life was one of the gensd'armes of the French guard, but sold his place in 1626. In that year be was captain—I think in the English army. I think it was he who, in 1638, had a grant of an "office of intelligence within the cities of London and Westminster, and three myles distant for 41 years." He had a commission to be Quai'ter-Master-General in 1648. 6. James, a soldier of the King, was a prisoner to the Parliamentary army at Windsor in 1643,—a Major in 1650. Correspondence by letters is now more used, and this generation of the house of Leuchars—the sons of Craig-in-peril—practised the art with more or less of success. I will arrange some of the letters and documents of their time as nearly as I can, in order of date. If the public events alluded to, and the insight they afford into private life, are not sufficient apology for their insertion, the rarity of letters of that particular period in our Scotch collections, may be my excuse. It will be found that they sometimes incidentally throw light on the history of other persons and families of Inneses. The early letters are to the old father at home—the Goodman of Cottis." It was no affected humility that gave him that homely style. He was as conscious of gentle blood as his neighbours, and did not seek, in modern fashion, to conceal the feeling. But he had no barony—held his lands of a subject superior; and the rule of society was still observed, which distinguished the Baron and the Crown vassal from the feuar. The old man lost no respect by his modesty. His neighbours generally addressed their letters to him as the Right Honourable Alexander Innes of Cottis." The Bishop—Alexander Douglas—writes to'• the Right Honourable the Good-man of Cottis," whom he addresses as "Luffing gossip," and subscribes his missive, " A. B. of Moraye." Bishop John Guthrie, bis successor, addresses to his "worschipful assured friend Alexander Innes of Cottis." Elizabeth Betouue (Lady Achynachie) directs her letters to her sister —the right honourable my loving sister the Goodwyff of Cotts." Huntly, the great man of the North, addresses to his "right speciall freind the Goodman of Cottis," and writes to his sons as his "assured freinds "—his " much respected," and in similar terms of consideration. Alexander, the most ambitious in style of the young men, perhaps the best educated in book learning, writes from St. Andrews to his brother John, who had left college and was now at Edinburgh. Their father was displeased with his eldest son, and Alexander, at his mother's desire, entreats that he will not put on mourning apparel for his uncle Leuchars, and secondly, that he will not at once tell his father his debts, bnt confide them to his loviug mother—" for she is ane most loviug mother." Then the younger brother comes to his own affairs, which lead him to " dictat these unpremeditat lynes." I am as yet at Sanctandroes and is to stay to Lambas, at quhilk tyme I am to be made master, quhilk day is to be ane day off mutch honor to me, for I must have ane suitt of alls honest apperell that day as ever herefter I vill heve, so I look that ye vill helpe me to them, for my father is villing to giff me ane stand of setting; as for schankis and garteris and hatt band I leuk that ye will honor me for that day vith the best ye have, for I vill seik no service of them hot that only day, and so ye sall heve them bak. Bot I look to see you schortly for my father (as I beleiff) is to send about me to Edinburgh to see my clothes tane off quhen I hope to talk face to face vith you and ther to open my holl mynd to yow as to ane most loving brother. Bot brother giff so be my father vill not svffer me cum to Edenbruch I pray yow brother wrett to me how your father hes accepted off yow and all uther things quhilk ye think expedient, and giff ye goe home befor Lambas I pray you vissit me in by-going, and that in the best forme. Brother 1 wrett familliarli to you as to ane vther father and prayes you through the love I ever caried to you that ye vill doe me honor the day off my laureatione in giffing me in len the best ornaments ye heue and in delling with my father to tak of the best, for I am content they serve efter that day giff it pleis my father and you. Thus brother in best and familiarlie leuking that ye will obey the contents of this letter as I ever sall be redie to honor you and serve you herefter according to dutie, for your honor is my honor. So rests, committing you to God's protectione your brother to death no less than his owne Alex. Innes. Excuse the imperfyttnes of my letter for hest compellit as the berer can sheu. Sanct. 1619 7 Jun To his louin and effectionat brother Jhone Innes apperand of Coitts deliuer. The following letter, unluckily without date, is in a neater hand than many better spelt and grammared. The writer is in Paris. Robert in Italy. I guess the date to be 1625. From Patrick Innes to his father Cottis. Perich the twenty four of October. Sir, I will not omit no occasion wherin I can let you know off my doings. I am -hear (praisit be God) in Perich weel in body and in soul but I wes farr disapointit at my cumming hear seeing the King is not in Perich but is abow two hundreth liegs vp throw the cuntrey in Leons in warr with his brother with bloodie fights. This hes been much expensiw to me in this dear cuutrey wher I vill not get (in conscience) so much hear for twenty shillings as I will get in Elgin for four shillings The Lord knowes I liw farr better I must confess now at hom but yet I wold not been vnseen the fashions hear whilk will learn me till vse thrifft at horn iff it sall pleas God till send me hom. I car for nothing iff it sall pleas my great Jehowa till preserw yow with my dear and most dear mother whos last words sall be grawen iu my heart. The pest is werie ewill hear and mony diing especially vp throw the cuntrey utherwais I wold haw gon wher the King is but that I regardit your command with my motheris whilk I sall not fail till obey so long as I can stay from the warres; but Sir yee know (and I know yee will excus me) I can not stay hear till spend all that I haw and then be forct till goe. I sall remain hear wntill I see whil Januar and sall liw the meanlier till let yow know whow villing I am till obey your command. 1 liw hear for vi suis in the day but my bed is extraordiner great, abow four suis in the night and is verie base and mean, but yet I must be content till it sall pleas God till send better. Sir I pray yow wreit your advis to me w hilk my lyff sall fail or I disobey. The tym that I stay hear I sall vse it vertuysly in bettring my selff whow till learn till liw at hom industriously. Iff yee be weel I car not till go throw the world till shift for my selff as God sall giw the fortun, but if it sall pleis God till call yow I mind newer till see Scotland nor sall not care for my selff. I haw oft offendit yow yet vold to God I culd recal them yet I hop your tender low and car will forgiw me. Hoping vith Gods grace newer till offend yow mor iff it sall pleas God that I cum hom. I haw writtin till Robert with James Grant of Remoir and Alexander Spadden who ar turnt Catholik Romans and is gon till Wenis and Rome having gottin recommendations and testimonies whilk I might had iff 1 wold haw attestit and sworn ther articles and commuuicat with their prestis bot I wold not chang my faith for such hiprocacie as is hear. I thought God culd not haw prospert my voyag albeit I had a great intention (if it been your will) till seen my brother Robert. But seeing the contagion now and the warres and robbers is every wher so frequent and I was not till cast my selff away nor to tempt God and so to be vnmindfull of my promis to yow and my mother I resolves to stay. No man can trawell hear albeit he wer the best in Scotland but he must be a Catholik Roman. I eshewed my selff a great inconvenient in Nostre Dame Church of Perish becaus being a stranger I went to see the Church wher I escapit from among a number who wes to lay hands on me becaus I vold not humble my selff to the idols beeing going about the church in their procession yet (praisit be God) my Jehova strenthned me so that sum of them knew me to be a Scots man by my behaviur towards them. So hawing no mor till trouble yow bot vith my dayly prayers for your happiness and long lyff hoping yee vill vriet to me with the first occasion Maister Alexander vill get them conveyit be James Mell in Deep who receavs dayly vord from London. So I rest Your humble son to the death, Patrik Innes. I sal (God vill'mg) see yow at home about Witsonday praying yow till haw cair off your healths. For my dear and loving father the Guidman of Cotts in north part of Scotland in Murray. Another letter is only notable for its indorsation. Balveny's letter asks Cottis to send him all the help of horses he has to carry stones from Quarriewood to Boat of Fiddich. Perhaps he was engaged in some additions to his grand mansion of Balvenie. The letter is dated at Kinninvie 1 Nov. 1625, and subscribed "your loving Eame in what I may Robert Innes of Balveny.* It is addressed on the back "to my honorabill and loving Eame the Goodman off Cottis," but a later indorsation records that "this wicked murderer notwithstanding of his pretendit kyndnes assasinatis this Cotts shortlie efter at the krukid wood of Urquhard—quhich cost him deep and deer for a remissione to himselfe and freindis." My ancestor, George, who wai afterwards laird of Caldcotts, is introduced as one of that crowd of adventurous Scots taking service under Gustavus Adolphus, the Protestant hero.

From Lord Spynie to Cottis. Right Honorabill Sir and lowmg freind Plese yow wnderstand your soon George has offered his serwice to me and referred unto my selffe to appoynt him his degree And seing the gentilmanis mynd was affectionat and bent to follow me, being my near cusing I preferred him to ane coloris quhilk place will yeeld him fourtie doloris a month upone conditione he sold list me threttie men upon my awin charges. This is ane task that he can nott possiblie performe without ye assist and directly doo for him. I know giff .ane stranger wer to follow me for the lowe yow caryed to my father ye vald do him all the forderance ye could. I will remain confident that ye will bothe assist and think the better off your sone that he hes maid choyce off me to follow. Rest fully assurred that he sall be veale and kyndly usit as any gentilman that sall tak ane part off my fortunis and that I sall ewer remaine Your faithfull and lowing friend A. Spynie. From Holi Rud house the sextine off May. For my honorabill coosen the goodman of Cottis From Alexander to his father Cotts. Sir, It is nowe a longe tyme since I heard from you. I am impatient to be barred of that may afforde me so much content. It is your health Sir and happie dayes I expect nothing ells but your blessing whitch I will endeavour to merett by the deutie of ane obedient sone. I acknowledge myselff mutch bound unto my good God for the blessirig of so lowing a father. I am in deutie bound to acquaint yow whow it goes with myselff; but that at this tyme I crave your pardone hopes have so long failed me, only expect to hen- that your sone lives and svbsistes lyke a gentilman of best sort, not beholding. Moir my hopes be gretter and in moir possibilitie then ever befor. Nixt unto almightie God they depend upon my lorde Deuke by whoes favour befor many dayes I hope to obtaine a part of my desyres. The berer is my freind, hes promissed to deliuer my lettres to your owen handes. I pray Sir use him with courtasie and kyndnes first as a stranger nixt as my freind. He has saued me the labour of wraytting newes. He is one of sound judgement and good intelligence. He will acquaint yow particularlie of all forraine or at home news. All our Scottisch lordes be at court: nothing as yet done. I pray Sir lett me wnderstand by him giff ther be any thing worth I may fixe upon in the rewocatione. I am confident to carrie it with a strong power. This gentilmane vill be the safest berer. Concerning your office I vill make use of it for your profeitt when I find the king disposed to heir of such affaires. My brother Robert is at London veill, in persewte of fortune, in good hope ; he wanttes nether wisdome, diligence nor freindis. God mak the event. George is in Holland, the fittest academie of youth at this tyme. I haue touched all I desayre to heir or acquaint yow. Onlie yow will be pleased to commend me to those yow hold my freindes. Commending yow to the cair and goodnes off Almightie God I take my leave and remaines Your lowing sone in all deutie A. Innes. The best newes I can heir is that my deir mother, a good and deutifull wyff (I am confident) and my vorthie brother a deutifull sone live as God and nature heth tayed you together. I beleiff William Strauchine hes undertaken for to gett his sisters consent to be devorced . . . not cross it Sir it is the best of evills. He hes forsaken Jeane Douglas as love is colder I hope he never will offend God moir with her. Alexander Innes to his father Cottis. Sir I am mutch aggreived that I have wreittne soe oft and still my letters miscarrie. I hope these will cumme safe to your handes. The berer our Bischope hes hadd noe priwate bussines but publique whairin he needed no further'ance I could doe. At his first cuming I was desayrous to wndersi and off him giff his buslines concerned himself and told him since he was ane stranger to the court that he would make trayall of that my father and all his childring had professed to him, particularly myselff and would gladly wndertaken ; but the bussines only concerning the Church, abowe my straine, he had his dispatch be Sir Robert Carr and Sir William Alexander, not fullie content as I suppose nor ther propositiones granted (this only to your selff Sir) I did him all the courtasies I could. Your owne bussines Sir of taythes, the king hes referred you and all to the commissioners wher vow may hawe the worth. For your desayre to Plusquartie as the reductione proceeds I will be myndfull and I make no doubt to obtaine of his Majestie yow to be Chamberlane; and for your baillierie I hope to gett the king to deale for it bot the time as yet is wnproper. Therefor Sir you must resolve patience a little. I will omitt noe tyme for yow, nor for myselff. I hope by the helpe of my good God to be no further burden to yow but ewrie day to be ane comfort, the whitch I may be I incall God to witnes I moir desayre then my lyf. The hardest is in the beginning. I can wreitt no moir not being aboue ten dayes since I last wreit. My brother Robert is now at Londone and is schortly to return to Germanie. I assure you Sir he hes made ane gaynfull voyage. He hes imployed in London two thoussand merkes, whitch I hope within half yeir will be in returue foure, and in Germanic he hes foure thoussand moir. He hes ane angell in the day allowance from the Regiment so long as he is abrod. For other newes they are uncertain and dangerous. Onlie we liue in a displeased state layke unto nowatione. Our bischop the berer will saff the wreitting of them. I desayre to heir from you (Sir) so oft as may be. With my prayers for your happie dayes I remaine London 12 Febr Your lowing sone in all deutie 1627 Al. Innes. Coxtoun to Cotts. Sir, Give your leisur wald permit you I wald meit you in Elgin on Fryday nixt, scing the said day is holy dedicat to the Virgin Marie, ye wil not be about your warldly affairs. As lykwayes my puir tennentis ar in wehement feir of sum of your sonnis for abstracting from tham of thair seruants now in haruest to go to the warris again their wil quhilk can nocht be weil thocht of, seing thai ar not nor never war under condition with tham. And give thai continew in fordre suit of tham it wil tend to the vndoing of the tennents quha yet skarslie entrit to thair haruest and consequentlie wil do me gryt skaith throw not winning of thair cornis quhilk most be my land duity and that I wil not expect of on of yours. Bot efter the winning of the cornis give the capitaine or ony in his name may purchas thar awen . . . I wil concur and aid him in his honest interprisses quhat I can . . . your ansuer in the premisses I rest your luiffin brother at power Jhone Innes. Coxtonn this Wednesday. To the right honourabil my luiffin brother the guidman of Cottis, these. Coxtoun to Cottis. Honorabill Sir and brother I delyuerit your letter to Jhone Petcarne quho I dout not hes wrytin his mynd unto you. The Lard of Innes cam not into this toun till Thurisday at nycht and we did meit on Freday efternoon in my Lord Durry's quhair no thin" was don in respect the lard of Innes wald have the tua actioun conjoinit and unitit quhilk can not guidly be. We war content that so suld be provyding that the Lordis wald decerne. Thair is no occurrents for the present. The Erle of Winton is com hame frome Court quho reportis that Maister Lamb the Duckis phesycian is killit be the printisses of Londoun and the Duk is in ane fear.1 Ther is an Italian wardit within the tour for transporting of artillarie and pultre and bullet to Kinburt quha constantlie affirms he did no thing hot by directioun of the Duk. His Ma. and lower huis are reconcild bot not throuchlie. The price of victual ar ten markis the beir mail and aucht markis four s. the oitts. Thir ar the prices for the present. I think God willing to wisie yow the nixt oulk. So to than as ever sal I rest your luffin brother Jhone Innes of Coxtoun. Edinb. the xxix of Jun 1628. Lat thir presents remember my luif unto your bedfellow and barnis. To the Bicht Honorabil and his luiffin brother the Guidman of Cottis. Cottis has handed the letter forward to some neighbour, with this addition :— i On the 13th June, Doctor Lamb, "the they would handle him worse, would mince Duke's deril," was mobbed and killed in Loth- his flesh, and have every one a bit of him. bury—the mob crying, if they had his master, My wyff schawis me that your L. desyrit to knaw quhat newes I hed gottin. Pleas your L. read the letter I gat. I knaw na moir, bot in Elgin I hard of mis-contentment amangis frendis. God mend it! Yet I am in hoip the awkward sal be tain away. Send bak this letter. Your L. servand with service Alexr Innes, I cannot resist giving the following letter, though so carelessly written that in parts I have to guess at the meaning. Robert Innes to his father Cottis. Honorahill Sir my humbill dewtie and obedient service ever and at all occasiones sail attend your commandes. Fynding the occasione off this gentillman Mr. Ogilbie I maid bold to wrytt thir informell lynes presuming they schall be in effectione ressawit. Sir I wold wrytt offtener bot I am not suir of delyverie thair. Laird Innes waynt awaye unexpecit etter the resept off your letter. I did obey your comanddis in kepping ane cold generall wyssitt huyche was moir as my dew or dewtie bot I confess he was hir in the worst tyme aither to schow my selff frynd or fowe. Sir I think my brother Allex' did wrytt with Leslie the ressone I did schaw my selff att enrrt so seldome at that tyme quhill I hed my bissines sattlett with my Ingilles allaye. Except for some of my contrie men I hed gottyne ane thowsand punds starling in ane monthe after my mariage with ane weill furnist houss in Londone and fiwe hundreth pund after my father in law disseas. Yett I [trust] in God itt sall come all ffor the best to Gods glorie my weillfer and content off my best frynds. I dowbt not off the cair off my frynds in saving me from thatt allegitt ... in Scotland. From henche forthe I will omitt no occasione. The king will hawe no ressawers off the rewocation bissines bott the old ressawers. For the rest only sall go throwe the tynds. I schall be glaid to wattche ewerie ocassione to doe you service or my frynds bot for my pairt I hope God will not put my fortowne bot quhair I schall hawe content quhilk is not thair. Only my dessyre is to come to hawe yow my parents blissing wones bot therafter newer to sie that contrie with desyre quhyche I think giff my intention plessing God

sell France sell be scortlie. My best frynd Mr. Clark off the bed chalmer is deid bot he quha provydit the old will also raiss the new. Quhat my lossis be dewle bothe be tyme and meinis I rest for the nixt occasione yow sell heir mor lenth and sertantie of my fortowne and meyne quhyche now I can be ressoune the first day of frindschipe was on sonday last, for quhat ewer I am I sell wryt spairing within compas. I sell vyss at God I may be happie to doe my brotheris or sisteris or ane of yours good offices heir. For news, the parliment goes one heir the tantie off this monthe. Its lyk thay sell hawe ther will to muche to crube the kings prerogatiwe as thay hawe done be ressone off the necessitie off tyme. The Erll Pembroche now Stewart schall be admirall off Ingland. The lord Makgumbrie his brother now chamerlane schall be stewartt, the Errll Kairlell schall be chamberlane the placing quhereof depends on his coming, quhyche is expecitt dayly. We sell haw paice with Spayne, merchants the licence to treid ther alraddie, fowr grytt schippes new gone, the Genuweis reffussit the king of Spayne to be thair protectour and hes proclemit the king off France, quherwpone the king of France is raissing ane grytt armie, paice refuissit heir with France, offerit be the estattis Imbassadoris. The Queyne for certain with chyld. No fawored senss the dewk bott the queine onlye. The Lord Occultrie is going ... to Nowa Scotia for plantation. I am much bond to our brother Mr. Wm kyndness comes some tymes from Harrag to London. I hope wey sell hawe him a churche in London. rests in God Your obedient sone London 7 Januarii R. Innes. 1629. Sir Robert Innes of Inues to Cotts. Loving Cousin Lat thair be no impediment in me to the paking of your fischis. As for onie oblischment or conditioun that was takin by my servants for redelyverie of the Corfhous and forty ane fisches taken befor the goodwyff off Leucharis death, we sall speak of that hereafter, as also of the meall of the Corfhous. That is litill amang freinds quhair men keipis dewtie and kyndnes, quhilk indeed will ewer moir prevaill moir with me nor anie wther kynd of doing altho perchance your selff and wtheris hes thocht the contrarie. You say that both that and wther thingis sould appertain of richt to you, I fear that is better allegit nor proving. I can find nather law nor reasoun for that. Bot this is hot to answer that claus of your letter quhilk micht weill aneuch have bene out of it. Yow will send up the acquittance and rest of my money and I sall be cairfull of the sending your letter south and so restis Your loving cousin Robert Innes of that ilk. To my losing and assurit cousin Alexander Innes of Cottis. Alexander Innes to his father Cottis. Sir, Hawing wreittne by Patrike Hamiltone serwant to my Lord Gordone particularly and also sent ane commission to my eldest brother for ane companie giff yow thocht meitt he should embrace or giff nocht he, it was ane preferment for George. I doe confess the occasione whay my brother Kobert and I dealt for him was becaws I did feare he would be constrained to leawe the countrie, so did I in this case hold this ane nobill and profitable way, but all layes upon yow Sir whoe I doe confess hes with so great wisdome and lowe rewled the actiones off your childring. I am confident God will take caire of him who so trewly feares God and the rest to yow to -whom all your childring ar bound for so waysse and cairfull ane father (my selff in particular) for your kindnes. Sir ther is ane generall order sett downe nor is ther any thing moir the king is willing ewrie gentilman may hawe the just worthe for your bailyerie and patronage. I hawe alreadie mowed it to the King but that his mageste is so full of cair for the protecting of his honor and kingdomes that nothing can be done. Therfor Sir yow resolve wpon patience and the King's better leisser, by Gods helpe I shal be cairfull. My brother Robert is returned into Germanie, Almichtie God bless him. He hes woued to God and me to abandon and wtterly forsake that base woman Jeane Douglas. That done, I hope he will be ane comfort and helpe to his frindes. None can exceid him in love, cair, or power. Giff God bless him this summer I hope he will make ane profitable journey. Sir the berer hereof Serjant Young is the cheiff occassione that at this tyme I hawe wrayttne, recommending him to yow as one that is and ewer hes beine ane kaynd and worthie frind of mayne. I pray Sir that he may find all kayndes yow can schoe him. He is the Kings aerwant one abill with good offices to acquaytte yow and me also for I shal heir of it in London. He hes promeissed to sei yow and your houss so Sir this is all except your blessing and fatherly counsell for the present I am to intreatte at your haudes. With my prayers to God Almichtie for you and my mother I tak my leawe. Your sone to honor and serve you, Alexr. Desyring to be remembred to the rewerend bischwp, to my rewerend friend Mr James, and your constant friend the tutor, and Johne Dougall, the newes I referre to the berer. Coxtoun to Cottis. Sir, I have ane desyr to sie yow give your helth and loisir will permit yow to cwm to Caulcotts Monnonday I wald meit yow ther be ten hours or souner or ony uther day as ye sal appoint. I did yesterday meit Bursyards in my awin huis and eftir sum speiches had of our cautionarie for umquhill Laithes and his laday quha hes subscrivit the band seing it was to exoner hir Ladiship. I did inquir, albeit I had non of my awin, prices. The beir is in Leith at viii markis and sum mor but in este Laudien it is nyne markis. Bad apperance of cornis til Berrick and in Fyf and commonlie be al the wayis in respect of the gryt droucht senc April til Satterday and llononday ther hes been no raine. I dout not bot thir newis wil be to your harts contentment. Tillibarne cum to Edinr on Satterday at nycht and went to the Abbay on Sonday efter the efternone sermon to meit the chancellar quher the erle of Mar Buchquhan and sundre of the nobilitie was present bot disclosit non of his affairs bot desyr the conseil to convein on Tuisday last, and for keiping of the day my Lord Marquess of Huntlie crosit the ferre on Mononday at nycht. Letterfurry and James Grant that guid barne hes bein before the conseil quher James Grant hes challencit him of wyld factis quhilk I wil nocht wryt. Tochchie was to be buttit and therefter was to be hangit. I have no more to wryt. Give me not auditor of thir news for I had thaim of Bursyards. So to your answer, efter the remembrance of my best affections unto your bedfellow my cummer I rest your luffin brother at power Jhone Innes of Coxtoun 4 of August 1632 To his most luffin brother the gudman of Cottis. From the Marquess of Huntlye to Cottis Right Speciall frend I haif receavit ane letter from Newtoun quherby I wnderstand that thair is some wordes past amangst thir young folkis that he thinkis he cannot be repairit in his credeit till thay mak first some offeris to him of thair satisfactionn. Therfor these are to desyr yow to come heir to me this day alsoone as ye can to the affect I may be your advys draw thame to some conformitie to both thair weillis. So looking for your coming, till than restis Your assurit guid freind Huntlye Boig 25 Merche 1632. To my right speciall freind the goodman of Cottis. In 1634 died Alexander Craig-in-peril, succeeded by his eldest son, John Innes of Leucharo. Alexander Innes to his brother Leuchars. Deare Brother, Wreitting to our mother your selff and my other brothers was of my first actiones efter my returne from Irland; wherby I accquainted yow off my wifes and brothers stay ther this winter for following my bussines and that my selff was resolved to winter at London. By that letter I was desirous to heare from yow, the rether becauss of our fathers death; that I might be informed how he disposed of the wordle especially what cair he touk for our deare mother and your selff; but most of all that I might heare of his end which I trust in God was happie to the comfort of his childring. As by that letter so by this I sollicitted your cair and dewtie to our most deare and best of mothers and that now yow would (if possible) double that goodness which ewer abounded in yow to her, the rather she now is aged and a widdoe. I knowe deare brother so much goodness and worth in your dispositioun as I am fitter to receawe then giwe counsel. Yow have ewer beine an example to ws all for werteowe especially for your pietie, regard, and honor of your parents, for which and your other charatie to your poore tenants and neighbors, althoe I be no prophett, I dare say besydes your reward in heawine, yow shal have comfort upon earth. It is great content to me to heare the wniversall consent off your goodness and uprightness by all that knowe yow. I trust and pray that God whoe heth giwen yow grace to beginne will and may giwe yow to continewe. Iff my former letters have not cumme to your hands doe not wreitt to London. By Candelmass I trust in God to part from London towards Irland where my deare wife and brother are. Iff it plese God I can settle my bussines in Irland I resolue to sei yow this summer in Scotland. Nothing I have moir desired, but my fortune heth hitherto refewssed me that content. Besydes my love to my other brothers and sisters, it is a great suffring that in so long tyme I could newer be so happie as to sei my deare mother and your selff my dearest brother, your good and worthy wiffe, and your sueet childring. Direct your letters to Dubline in Irland where I hope to be by the middle of Februarie, and ther I shal remaine most part off this summer. If possible do your best endevor that our brother the caiptaine may be devovced from Margrett Strawchine. 1 knowe yow have not only hadd the cair of a brother but father also off your brothers. This I must commend vnto yow as an acte wherby yow may prewent our brothers ruine, iff it wer with settling that two thousand merkis in the Laird Innes hands vpon her and hers presently for ewer. Crombie is lyke to remaine prisoner wnless his brother relewe him. Next wnto your self, my best love to your worthy wiffe and sweett childring. God bless ws and grant we may ewer remember the manie great affairs to serwe God and sawe our soules. Fairwell deare brother. Your lowing brother to serwe yow London 1634 December 24. Alexander Innes.

We heare of greatt rewdness and disorder in the north of Scotland which I am confident your owne goodness and discretione will not only in your selff awoyde as barbarous actiones, but also I trust yow will not suffer our brothers (whom yowth and want of judgement may ingadge and make neglect that rwine that certainly will befall all off them) If any frends ther be of that infortunate number, they should doe weill to withdrawe themselves owt of Scotland, for certainly not one of them are lyke to scape the executioners hands. Dear brother lett not your affectione to any of that number draw you to have corespondence with any of them. Next summer yow shal heare off ane brawe fleett of shippes which our brawe King will sett to sea, 25 greatt shippes off 800 tunne a shipp is to be furnished and wictualled for sex months, ewrie shyre in England to sett owt one of 800, ewrie way appoynted. We heare no foraine newes. In England blessed be God we live wnder the gowerment off the best King upon earth. Long and happily may he raigne. It is lyke befor thes cumme to your hands, yow well heare the Lord Chancellor and Sir Francis Stewart are dead. Whois names soewer the King heare that hes bene but of corespondence with those reude and disorderly men, will for ewer make them wncapable off preferment or the King's favour. To my deare and worthy brother, Jhone Innes of Lewchars these. Alexander Innes to George Innes. Deare Brother George Presently upon my returae out of Irland I wreitt to our mother, brothers and sisters, of whom you were one. I judge it not a neglect of corespondence I have not befor this hard from you all; but that my letters are not cumme to your hands. By them I sollicited your dewtie to our deare mother, the moir that she nowe is aged and a widdoe, . . . Nature will from the worst childring to the least deserving mothers force a dewtie and obedience: To an mother so trewly deare and good, from children that have that obligatione to parents as by ther cair receaved ciwill education what is to be expected but the doubling of our loue and dewtie. If you profess a desire of the good opinione off the wordle and the blessing of almighty promessed particularly to honorers of parents; honor and obey our most lowing and werteous mother . . . I heare yow are maried to an kinswomane, I am glaid it is to your content and wish yow much happie and joy. Yow are now further interessed in the wordle and behoveth the more cair. We hear of great confusion and disorder in the north, from which I pray God deliver all friends. The king's displeassour is so great that all of them are lyke to dye by the executioners hands. Yow must not only be free from ther actiones but awoyde also ther companie. They will not nor can escape the power of justice. I pitie ther simplicitie and want of consideratione. If yow hawe not already, doe not wreitt to me unless occasione present to Irland. So I pray lett me heare off your owne content, howe our father dyed, which I pray God may be happie, what cair particularly he tooke for our dear mother and ewrie one of yow my brothers and sister. I am about Candlemas to part from London towards Irland wher my deare wyflie and brother Captaiue are, weill, thanks to God. Iff ther be any thing in your power may further our brother the Captaine's devoirc with Margrett Strachine, I commend it to your cair, as you lowe our brothers happiness and desire to prevent his owerthrowe. I resolue iff God bless me to see you this summer in Scotland. Next to your selff commend me to my cosen your wyff. I rernane Your lowing brother London 1634 Alexander Innes. December 24. Robert lnnes to his brother Leuchars. Deir brother At my returne from Itallie I hed the hapines to meit our brother Alexander att London whou died saluit me not only with his oune presens wiche was joye to me bot lykwayes with a gryt maney wther good newes wiche was cordiall to me; bot inspeciall to heir off our worthie mothers and your and all our brothers good healthe. I haue writtine to our mother at lenthe so I neid not to maik reptitione off my sellff or to giue you aney forder acompt of my preceding. As I am bound 1 schall euer esteim it a gryt deall of happines and honour to haue suche a brother as yow. I besuich you good brother still keipe that opinione off me (thoe naither by experience nor aney wertue off me, bot out off your owne good dispositione) thatt you haue naither brother nor child that does honour respect and loue you more. Whou knoes bot it may ples God to change fortowne that I may express my willing and thankfull reallie. I schall leue nothing that becomes a honest man for performance theroff. I thank you good brother for your good and sellus counsell from tyme to tyme and schall doe as it ples God giue me grace to remember my mothers counsell and yours. As for you writt that I have tryit many countries hot all fells, and at any tyme I may haue a retreat with yow, I doe hartlie and humblie thank you. Thoe my tyme was at the present spent with some sufring, yit I begyne out of Gods gryt marcie to maik some use therof and iff nou after so much experiensicht and languagis, wich without brage I will giff ples to feue in Chrisindome, hailthe seruing, to come home to be troblsome to you, I suld think my selff worthie to be throwne to the doges as an unprofitabill member, and lykwayes it wald giue the evill exampill. I am ashamed to heir our brothers does not begine to think to Hue, for at the laist itt will be seuyne yeirs befor they gett the way off briding, excepe thay satill at home, thoe I desyre that none off them goe abroid this yeir, the tyme is wonderful dangerus, bot iff thay doe any of thame, lat them call in my name att Mr. Wm Settone off Meldrum, by ressone ther is many Setons ther, neir to the Grand Augustines wpon the Key, so it is called in Frence, against the 3 Mors at Monsr Gyn's house, 1 schall laue derections by him, I kno he will be als cairfull off aney that belongs to me as my selff, for I doe the lyk for him, for we keepe corespondence. I pray remember my humbill deutie and reference to my deir and worthie sister your wyffe. I hope sche will pardon the falt I comitit to hir cussine Jane. Schie is now very well marrid to a limner . . . leves wery contentit and has a chyld by him. The Lord Gordone is coming home. I am muche bound to his and his lady respect. Iff I can I will come home with him bot I am not assured. Young Arlogie I think be this tyme be deid. The nycht befor I cam to Parris was run throw the bodie by on Achterfoall, Arlogie being wery drunk persuit the wther in stritts. My Lord was wery cairfull off him. I sie him. He told me he thocht he culd not live tuo dayes. So rests to God as I am Your louing brother, R. Innes. Whou sone I come bak wiche will be schortlie God willing, you schall heir off me. I goe to Turryne to'the Deuk Savoys curt. London 15 June 1636. To his muche honoured and worthie brother Johne Innes off Leuchers Esqr Leuchers. 2 F In 1636 Robert had already "taken service with the Swede," for on 18 September of that year, Alexander Gordoune of Dunkyntie writes from Cambdell to his Ricbt honorabil and Loving coussing the Guidman of Cotts complaining that his son Robert Innes capitane in M'l, his regiment, had gone to the harvest field of Caldcotts and struck and dung some of Dunkyntie's tenants because they would not suffer their sons and servants to be soldiers to him— From Alexander Innes to Leuchars. Deare Brother I hawe wreitten by all berers hes presented since my repaire hither altho my fortone hes only beine to heare but once from yow. Iff I lowe your content as I proffess you may imagine how glaid I am to heare off any thing may asscwre me off that. I am confident you are sufficiently without apologies perswaded of my dispositione which shal ewer be to lowe you your most worthy werteous wiffe and sweet childring as I doe my selff and mine. I wreit to you by Sir Robert Gordoune by whom I send Sir Alexander Gordones band and discharge according to my promeis and other advertisments of busines concernes him heare, so hawe I nowe sent his trounkes and goods by ane dysert shipp and so performed all I am bound to. •Our cosen young Geight hes worne owt his tyme heare to little purpose since my cuming henre he hes beine continwally parting. He nowe stayes for the Marquess Huntlyes enming to England upon whom he intends to waite to Scotland. He promeises great cair. Cleare your selff by faire and frendly meanes if yow can but cum no moir in the briers. His ladies mediatione with my Lord Ogilvie (in whois power it is most) may awaile much. I heare nothing of Balvenie but that he remaines heare obscurly, as I am informed his great pretenses and sutes goes noe higher then ane protectione. Our brother Captaine1 was at Londone and returned back to France and is to be at London next month. I refer yow to his owue letter I herewith send you. For my selff deare brother I will embrace your good counsell forbearing that may displeass our almighty and merciful God, and humbly supplicate grace wisdome and success from heawine. My Lord Deputies cuming to England hes delayed my bussiness Bo as I must winter in Ireland, my hopes are still the same. Law and conscience I hawe vpon my part, so I trust Almighty will not crosse me althoe my sinnies deserwe greatter ewills. The judge is noble and just with whom I have a little credett and estimatione. Longer then next winter by Gods assistance that kingdome shal not hold me from prosecuting my hopes in England. I think I shall perswade our brother to sei .you this winter. Iff he doe not I resolve to send my serwant Robert next Spring owt off Ireland and fermely resolwes by Gods mercy ewrie two or three yeares to sei yow in Scotland. Lett me heare off your content and business that so I may rejoyce and suffer with you . . . No newes but the great preparationes of warres in France and Italy. Our fleet is at sea, wher I heare not, but vpon our owne cost. The famine in Germanic is incredible as reported, the liwing are constrained to guard the dead from being taken owt of their grawes for food, from which Good Lord deliver us. The Prince Pallatine remaines heare till the Earle Arundell Lord Marischell off England Embassador with the Emperor returne what may be expected concerning restoring the Palatinate. This is all. Praying I may heare from yow upon all occasiones, desiring your prayers as myne shall be for yow and yours. Almighty bless Wb. Your ewer lowing brother to serwe you Alexander Innes. Next to your selff my best respects to your worthy wiffe my sister and all your childring. When you writt lett me wnderstand how yow hawe settled that troublesome bussines of Coxtones and your other private effaires. Direct your letters to be left at Mr. Mease house at the signe of the George in Commone Gwarden neare Russell Street. Alexander Innes to his brother Leuchars. Deare Brother Since your brother in lawe Mr. Douglass parted hence (whom I could not intertaine as fitting my respects unto his most worthy sister your vife, at that tyme unsettled, houssed wher was noething but bare valls) this is the first meanes of writting. Your letter to Colonell Gordon I sent, inclossed in the kings pacquett directed to his Majestie's agent at Vienna, so as I moke noe doubt of the safe deliwery. Besydes our brother Caiptaine