19 October 1378

Charter: confirmation by Walter Stewart, lord of Brechin, and Margaret Barclay, of a sale of lands by David de Arrat

To all whose notice the present letters shall come in the present and future, Walter Stewart, son of the magnificent prince the lord Robert, by the grace of God illustrious king of Scots, lord of the barony of Brechin in the sheriffdom of Forfar, and Margaret, his spouse, daughter and heir of the late Sir David de Barclay, lord of the said barony, send eternal greeting in the Lord. Know that we, and each of us, after matrimony was solemnly contracted between us in the presence of the church, and after we were vest and seized as of fee concerning the said barony of Brechin with the pertinents, by authority and dispensation of our lord king who granted us pardon for our age, we being below the legal age, and by our unanimous consent and assent, and of each of us, also by the will and desire of our aforesaid lord king and by the counsel and consent of all other our parents and friends, have ratified, approved and confirmed by this our present charter for ourselves and each of us and our heirs whomsoever that sale and grant of sale by title which David de Arrat made by his charter to Thomas de Rait, lord of Ury, of his half of of the tenement of Arrat, with the pertinents, in the aforesaid barony of Brechin in the sheriffdom of Forfar. To be held and had by the same Thomas and his heirs or assignees of us and our heirs to be procreated of our bodies, or else, those [heirs] failing, of the true and legitimate heirs of me, Margaret, the daughter and heir of the aforesaid late Sir David de Barclay, in fee and heritage, by all its rightful boundaries and divisions, as freely and quietly, fully, integrally and honourably, with all liberties, profits and easements, and whatsoever their lawful pertinents, in and by all ways, as the charter of sale of the aforementioned David de Arrat made to the same Thomas de Rait fully contains and purports in itself, moreover without any reservation. The said Thomas de Rait and his heirs or assignees making to us and our said heirs the service due and customary regarding the said half of that tenement of Arrat by the said David de Arrat [and] his ancestors to us and our ancestors. And furthermore I, Margaret, the aforesaid daughter and heir of the aforesaid late lord of Barclay and the aforementioned wife, promise my lord Walter, son of our lord the king, in good faith, that if it should come to pass that I survive after the death of my aforesaid lord, with no heir procreated between us surviving, God forbid, I shall consider the aforementioned ratification, approval and confirmation as fixed and strong in and by all ways as it was made, as above, and I shall not contravene the same nor procure it to be contravened, directly or indirectly, publicly or secretly. In testimony of which matter the seal of our lady the lady queen and the seal of the magnificent lord Sir John [Stewart], earl of Carrick and steward of Scotland, our brother, along with our own seal, are appended to the present [letters]. Given at Scone in the full parliament of our lord the king held in the same place on 19 October A.D. 1378, [and] the eighth [year] of the the reign of the very same lord king.

  1. NAS, Register of the Great Seal, C1/6/8. Back
  2. Arrat, Ord. Surv. NO6358 is approx. 2 miles from Brechin. Black, Surnames, 32, records 'Arot' and 'Arroth' as frequent spellings of this name between the 14th and 16th centuries. Back
  3. Ury, Ord. Surv. NO8587, is just north of Stonehaven. Back
  4. NLS, Crawford Muniments, Acc. 9769, Scottish Deeds, B6. A notarial instrument dated 1 August 1445, in which Walter Lindsay of Rossie receives a transcription of Robert II's confirmation of 21 November 1379, which in turn cites the earl of Fife's orginal charter made in parliament on 19 October 1378. The editors would like to thank the earl of Crawford and Balcarres for his kind permission to reproduce and translate this document. Back
  5. Ord. Surv. NO2512, modern Rossie and Wester Rossie. Back
Charter: of Robert Stewart earl of Fife to Sir Alexander Lindsay of Glen Esk of the lands of the 'two Rossies'

To all who shall see or hear this charter, Robert Stewart, earl of Fife and Menteith, eternal greeting in the Lord. All of you shall know that we have given, granted and confirmed by this our present charter to the noble man Sir Alexander de Lindsay, knight, lord of Glen Esk, our most beloved kinsman, for his good counsel devoted and to be devoted to us, all our lands of the two Rossies, with the pertinents, in our earldom of Fife, which were the same Sir Alexander's and which the same Sir Alexander, not led by force or fear or an erroneous lapse, but by his pure and spontaneous wish, in the presence of the most excellent prince our father the lord Robert, by the grace of God illustrious king of Scots, and also of the lord our brother Sir John Stewart, earl of Carrick, steward of Scotland, and of many other leading men and nobles of the kingdom, at Scone in the king's full parliament held in the same place on 19 October A.D. 1378 and the eighth year of the reign of our lord king, returned back to us and altogether resigned by rod and staff, purely and simply, and quitclaimed in perpetuity all right and claim which he had or could have in the said lands, by virtue of whatsoever right held before, on behalf of himself and his heirs. To be held and had by the said Alexander and his heirs male legitimately procreated or to be procreated between him and Lady Marjory Stewart, our kinswoman, whom perchance failing, the heirs male of the body of the said Alexander legitimately procreated or to be procreated, whom perchance failing, Sir William de Lindsay, knight, brother of the same Sir Alexander, and his heirs male of his body legitimately procreated or to be procreated, whom perchance failing Sir James de Lindsay, knight, nephew of the same Sir Alexander, and his heirs male of his body legitimately procreated or to be procreated, whom perchance failing John de Lindsay, illegitimate son of the same Sir Alexander, and his heirs male of his body legitimately procreated or to be procreated, all of the aforesaid however perhaps failing, which God forbid, the nearest males by blood and kinship having the name of Lindsay and bearing the arms of Lindsay, of us and our heirs in fee and heritage, by all their rightful boundaries and divisions, in woods and plains, muirs, marshes, road, footpaths, rivers, ponds, lochs and fishponds, mills and multures and their appurtenances, with the tenantries [and services of the freeholders], with courts and the issues and also escheats of the courts, with all and singular other liberties, commodities, easements and lawful pertinents whatsoever, both below and above ground, both near and far, both unnamed and named, pertaining to the said lands or which may pertain in any way in the future. Performing foreign service to our lord king as far as pertains to the said lands, [and] one pair of white gloves or two pence sterling to us and our heirs in name of blenche ferme, at the feats of the nativity of St John the Baptist at Falkland [24 June], only if asked, for all ward, relief, marriage or all secular service, exaction or request, or whatsoever customary right which can be exacted or requested at any time or in any way by us or our heirs, or by anyone else in our name, concerning the said lands or their parts, from the said lord Alexander or his heirs male, or from the heirs of each of the aforesaid persons. We, indeed, the aforesaid Robert, earl of Fife and Menteith, and our heirs, shall guarantee, discharge and defend in perpetuity all and singular the aforesaid lands, with the pertinents, to the said Alexander and his heirs male his heirs male legitimately procreated or to be procreated between him and the aforesaid Lady Marjory, whom perchance failing, the heirs male of the body of the said Sir Alexander legitimately procreated or to be procreated, whom perchance failing, Sir William de Lindsay, brother of the same Sir Alexander, and his heirs male of his body legitimately procreated or to be procreated, whom perchance failing Sir James de Lindsay, knight, nephew of the same Sir Alexander, and his heirs male of his body legitimately procreated or to be procreated, whom perchance failing John de Lindsay, and his heirs male of his body legitimately procreated or to be procreated, all of whom failing, the nearest males by blood and kinship having the name of Lindsay and carrying the arms of Lindsay, as said before. In testimony of which matter our seal is appended to this our present charter on the day, place and year abovesaid. With these witnesses, the noble man Sir James de Douglas, Sir Robert de Erskine of that Ilk, Sir Thomas de Erskine, son and heir of the same Sir Robert, Sir Walter Ogilvy, knights, and William de Auchterlonie, with many others.

  1. NAS, Register of the Great Seal, C1/6/8. Back
  2. Arrat, Ord. Surv. NO6358 is approx. 2 miles from Brechin. Black, Surnames, 32, records 'Arot' and 'Arroth' as frequent spellings of this name between the 14th and 16th centuries. Back
  3. Ury, Ord. Surv. NO8587, is just north of Stonehaven. Back
  4. NLS, Crawford Muniments, Acc. 9769, Scottish Deeds, B6. A notarial instrument dated 1 August 1445, in which Walter Lindsay of Rossie receives a transcription of Robert II's confirmation of 21 November 1379, which in turn cites the earl of Fife's orginal charter made in parliament on 19 October 1378. The editors would like to thank the earl of Crawford and Balcarres for his kind permission to reproduce and translate this document. Back
  5. Ord. Surv. NO2512, modern Rossie and Wester Rossie. Back