Chronicles of Strathearn Part 13

That Kate Nike Neiving--not M'Niven, as her name is generally p.r.o.nounced--was among the first to suffer as the result of the pa.s.sing of this statute, is clearly proved by referring to the case of John Brughe, the notorious Glendevon wizard, who was tried at Edinburgh on November 24th, 1643, for practising sorcery and other unholy arts. It was alleged against him that he had obtained his knowledge "from a wedow woman, named Neane Nikclerith, of threescoir years of age, quha wis sister dochter to Nike Neveing, that notorious infamous witche in Monzie, quha for her sorcerie and witchcraft was brunt fourscoir of yeir since or thereby."[9]

That the date of the burning of the witch at Monzie took place in the year 1563, and not, as is generally supposed, in the year 1715 is not only proved by the recorded evidence in the case of John Brughe already referred to, it also receives confirmation from the fact that although reference is made over and over again in the Session Records to public events, there is no mention made of the witch. An additional argument for the earlier date is also found in the fact that Patrick Graeme, younger of Inchbrakie (referred to by Dr. Marshall as the person who brought Kate to the stake, and by Mr Blair as the man who would prove the means of her death), had been for over twenty years in exile.

Having slain John, the Master of Rollo, when returning homewards from a revel at Invermay, he escaped abroad, and it was not till the year 1720 that he procured remission of his sentence and returned to Inchbrakie.

That he did return is proved by the fact that he was a witness to a feu-charter, granted by Anthony Murray of Dollary, to Donald Fisher, taylzior in Crieff, dated "at Dollary," January 13th, 1725.

An attempt has been made not only to fix the date as 1715, but also to give a list of the "understanding gentlemen, magistrates, and ministers of the neighbourhood," who acted as judges on the occasion; and in particular the then minister of Monzie--Mr Bowie--is singled out as one of those who are said to have been bitter against the witch, and because of the part he is supposed to have taken in bringing her to justice, not only was a curse p.r.o.nounced upon the parish, but for rhyming purposes a curse is also p.r.o.nounced on Mr Bowie and his successors in office--

"Yon bonnie manse shall ne'er a tenant see Who shall not yet this bitter day abye,"--

a curse which has not been realised, so far as we know, in the case of any of those who have ministered in holy things in the parish. If there is any honour attached to the work of burning witches, we conclude that the parish can claim the honour of being the first to obey the law enacted on the 4th of June, 1563, and if the evidence given at the trial of John Brughe be at all reliable--as we have no reason to doubt--the real name of the witch was Kate Nike Neiving.

Fifty years ago, Monzie was a flourishing village of one hundred and twenty inhabitants, while in the immediate neighbourhood there would be perhaps two hundred and thirty more. Now, the population over the same area is not above a fourth of that number. The few cottages that remain speak of other days, and the old churchyard, and the jougs--an iron collar in which offenders were pilloried--fastened to the porch of the church, bring back the long-forgotten past. Many changes have taken place during the last fifty years. Pendicles have been swept into large farms; the industry of weaving and spinning has disappeared.

But the natural aspect of Monzie is unchanged: the Almond and the s.h.a.ggie still run sunny and clear from the everlasting hills through her silent vales, which look upon the lover of nature with a face of beauty as fresh and entrancing as ever.

[1] _Statistical Account of Monzie_, by Mr Laurie.

[2] _Letters from a Gentleman in the North of Scotland_, 1732.

[3] _Liber Insule Missarum_.

[4] _Memorials and Queries_. Printed by Constable, Edinburgh, 1846.

[5] _The Holocaust_. By Rev. George Blair. Edinburgh: 1845.

[6] The first Graeme of Inchbrakie was a son of the first Earl of Montrose. His father gave him a charter to it, and to Aberuthven, dated June, 1513.

[7] The stone had been honoured by being set in a gold ring.

[8] _Waverley Anecdotes_, p. 190.

[9] _The Darker Superst.i.tions of Scotland_. By John Graham Dalziel.

Glasgow: 1835, p. 579.

THE CASTLE, BARONY, AND SHERIFFDOM OF AUCHTERARDER

By A. G. REID, F.S.A., Scot., Auchterarder

Tradition a.s.serts that the Castle of Auchterarder was one of the seats of the Scottish Kings and the residence of King Malcolm Canmore, who granted the Common Muir to the neighbouring burgh. The Barony was originally a Crown possession. Being situated on the road from the Royal Palaces of Scone and Forteviot to Stirling, and the princ.i.p.al manor place of a Barony belonging to the Crown, there is every probability that the tradition of its having been a royal palace is correct, and that the warlike Malcolm and the sainted Margaret abode within its walls.

Auchterarder was one of the Royal Burghs of Scotland. It may be said that no charter of erection is in existence, but its absence is explained by the fact that the proximity of a royal seat gave the neighbouring town the status of a Royal Burgh. Whether or not Auchterarder got a charter of erection from the Sovereign, no doubt can exist that at a very early period it was one of the Royal Burghs of Scotland. In the charter of William, the son of Malise, of the lands within or outside the town of Auchterarder, still known as the Abbey lands, granted to the Canons of Inchaffray, which lands he had bought from John, the son of Baltin, he not only appended his own seal to the writing, but, for greater security and fuller evidence, procured to be appended thereto the common seal of the Burgh of Auchterarder.

The Barony of Auchterarder remained Crown property until the time of King Robert the Bruce. King Alexander II., by charter, dated at Cluny, the 13th day of August, in the eleventh year of his reign (1227), granted to the Canons of the Abbey of Inchaffray the teind of his duties of Auchterarder to be drawn yearly by the hands of his tacksmen and bailies of Auchterarder.

In 1296, Edward I. invaded Scotland with 5000 armed horse and 30,000 footmen. He pa.s.sed the River Tweed on 28th March, and continued his progress until 24th April, when he routed the Scots at Dunbar with great slaughter. He continued his triumphant progress northwards, resting at various places. We are told that "on the Thursday he went to Stirling, and they who were within the Castle fled, and none remained but the porter, who surrendered the Castle, and there came the Earl of Strathearn 'to the peace,' and there tarried the King five days. On the Wednesday before the Feast of St. John (20th June) the King pa.s.sed the Scottish sea, and lay at Auchterarder, his Castle; on the Thursday, at St. John of Perth, a good town, and there abode Friday, Sat.u.r.day, and Sunday; this same day was John the Baptist's Day." His progress and the places at which he stayed are circ.u.mstantially narrated in the Itinerary from which we quote. He returned to Berwick on 22nd August, and the chronicler adds--"And he conquered the realm of Scotland, and searched it, as is above written, within twenty-one weeks without any more."[1]

Attention is directed to the terms of the words of the Norman French Itinerary in reference to the King having taken up his residence in Auchterarder Castle. "_Le Mescredy devaunt Seint Johne pa.s.sa le roi le Mere d'Escoce et jut a Outreard, son chastelle._" Reference is made in the narrative to many other castles in which the King lay, but only in this instance is the castle stated to have belonged to him. This is conclusive evidence that the Castle was the property of the Crown, and that the King took up his abode in it as such.

The halting of Edward I. with his army at Auchterarder was not the only occasion upon which Auchterarder received an embattled host. In 1332 the Scottish army of Donald, the Earl of Mar, 30,000 strong, lay at Auchterarder previous to the disastrous Battle of Dupplin,[2] and in 1559 the army of the Dowager Queen Mary, under the Duke of Hamilton and Monsieur d'Osel, lay there, prepared to encounter the Lords of the Congregation.[3] The most disastrous military visit and the last was when the Earl of Mar, in 1716, burnt the town.

Auchterarder being the only Royal Burgh in Strathearn, was the head burgh of that County Palatine and the seat of a Sheriffdom, the area of which was probably co-extensive with Strathearn. In the interregnum after the death of Alexander III. the office of Sheriff was vested in Malcolm of Innerpeffray, who, in the _compotus_ of the extent of all the King's lands of Scotland for the period between 25th April, 1304, and 28th February, 1305, accounted as "Sheriff of Uthrardor of its issues, iocs."; and again, "from said Sir Malcolm of the issues of the Sheriffdom of Uthrardor and the farms of Glendowiche, 58."[4]

The Sheriff figures in a transaction in the Scottish War of Independence. There was an Inquisition at Perth held on 1st September, 1305, before Malise, Earl of Stratherne, lieutenant of the warden north of Forth, and Malcolm de Inverpefray, Knight, Deputy of John de Sandale, Chamberlain, and William de Bevercotts, Chancellor of Scotland, on certain articles touching the person of Michael de Miggal by Gilbert de Hay, David de Graham, and others; "who say on oath in Michael's presence that he had been lately taken prisoner forcibly against his will by William le Waleys, that he twice escaped, but was followed and brought back, and he was told if he tried to get away a third time he should lose his life. Thus, it appears, he remained with William through fear of death and not of his own will." The following deliverance is endorsed:--"The Chamberlain is 'commanded to give him his goods and chattels of the King's special grace.'"[5] The Sheriff, as Chamberlain, no doubt favourably represented to the King Michael's excuse, as the subsequent conduct of both the Earl of Strathearn and himself showed a fellow-feeling, and that, like Michael, they had been acting under constraint.

On 15th September, 1305, King Edward I., with the concurrence of ten Scots and twenty-two English Commissioners to his Parliament, made an ordinance containing certain regulations "for the settlement of Scotland." Amongst these regulations was the following:--"That there should be Sheriffs natives either of Scotland or England, to be appointed or removed by the Lieutenant or the Chamberlain, at discretion, who should execute the office of escheatry as usual, and that none should be appointed but the most sufficient men and most profitable for the King, and people, and the maintenance of peace."

Sir Malcolm de Innerpeffer was appointed, or rather continued, in office of Sheriff of Auchterarder, and he was at same time appointed Sheriff of the shire of Clackmannan.[6] The appointment did not, however, extinguish the Sheriff's patriotism, as the next thing we hear of him is:--

"The King sends to Walter, Bishop of Chester, the Treasurer, Malcolm de Innerpeffrei, Knight, who at the time of this last 'riote' of the Scots was the King's Sheriff of Clackmannan and Auchterarder, but nevertheless was one of the first to join Sir Robert de Brus, and wickedly allotted the Earls of Menteth and Strathern in aiding said Robert; also fought against the King at the Battle of Seint Johan de Perth, and has done all the damage he could, commanding that he be secured in some strong castle, not in irons, but body for body."

"Whereon said Malcolm was at once delivered to the Constable of the Tower of London, on the 7th of December."

Another writ follows regarding Sir Malcolm's two horses, which the King permits him to make profit of at pleasure.[7]

We do not know the result of the proceedings against the Sheriff of Auchterarder, but as his two horses were restored to him, he seems to have been treated leniently. In regard to the Earl, we find that in November, 1306, he presented a memorial to the King and Council, showing that he was compelled to join Sir Robert de Brus through fear of his life.

The Castle and Barony of Auchterarder appear to have been Crown possessions until the reign of Robert the Bruce, when they became the property of Sir William de Montfichet or Montifex, appointed Justiciar of Scotland in 1332. The family was of Norman extraction. They had possessions in England, and a branch for some time settled in Scotland, Robert Montfichet being a witness to a charter of William the Lion in 1184. In Robertson's _Index of Ancient Charters_ there occurs an old official inventory, compiled, apparently, about the close of the sixteenth century, in which mention is made of a charter--"Wilhelmo de Montefixo of the lands of Auchterarder with the town duty." Sir William Montfichet or de Montifex had large possessions, being not only proprietor of the Barony of Auchterarder, but of Cargill and Kincardine in Menteith, and other lands in Perthshire; and also of Kilmahew, in Dumbartonshire, and other lands. He had three daughters, who became his heirs-portioners. To his eldest daughter Marie he left the estates of Auchterarder, Cargill (or Stobhall), and Kincardine in Menteith.

She married Sir John Drummond, the seventh Thane of Lennox. Sir John Drummond's eldest daughter was Annabella Drummond, Queen to Robert III.

Our present Gracious Sovereign Queen Victoria is a lineal descendant of Marie Montifex of the Castle of Auchterarder.[8]

In the reign of David II. mention is made of the Burgh of Auchterarder in the account of the Great Chamberlain for 1366 as being in arrear of the contribution for payment of the King's ransom, being due the sum of thirty-one shillings.[8] In 1374, the Chamberlain debits himself with thirty-three shillings and fourpence received from the bailies of Auchterarder for contribution; and there are two different entries in the rolls of 1390, both relating to a debt owing by the Crown to the community of Auchterarder on account of certain services to the late King Robert II. There is also another entry in the Chamberlain Rolls, under date 1435, in which it appears that the services to the Crown had not been uplifted by the Chamberlain from the burgesses of Cromarty, Dingwall, and Ochterardor, because no Chamberlain aires had been held within those burghs at the time when the account was made up. Under date August, 1569, in the accounts of the High Treasurer there is an entry, where the "customaries of Ochterairder" are mentioned along with those of St. Andrews.

On 14th August, 1565, by Act of the Privy Council, in name of Henry and Mary, it was ordained "that lettres be direct to officiaris of armes chargeing thame to pas to the mercat croces of the Burrowis of Edinburgh, Hadingtoun, Linlythquow, Striviling, Clakmannane, Kinross, Uchterardour, Perth, Cowper, and all utheris places needful, and thair be oppin proclamation in thair Majesteis' name and autoritie to charge all and sindrie Earlis, Lordis, Baronis, frehalderis, landit men, and substantious gentilmen dwelland within the bundis (_inter alia_ of the Stewartrie of Stratherne), with their houshaldis, honest friendis, and servandis weil bodin in feir of weir, and providit for xv. days after thair comin, to convene and meet the King and Quenis Majesteis at the places and upon the days respective efter following--that is to say, the inhabitantis of Stratherne to meit thair hieneises at Striviling Brig upon Sounday the xii. day of August instant."[10]

Not only is there thus evidence of Auchterarder being a.s.sessed in dues and exercising the privileges of a Royal Burgh, but, what is of more importance, as showing its burghal character, is, that there are three separate precepts of Parliament--in 1570, 1581, and 1600--summoning Commissioners to Parliament from the Burgh. No doubt the names of the Commissioners do not appear in the Rolls of Parliament, but that did not derogate from the right of the Burgh to send them; and the probable cause of their not having been sent, and of the infrequency of Auchterarder appearing in the public records, arose from its being completely inland, and without foreign trade, on which the great customs were levied, and consequently being one of what were called dry burghs. Owing to this, and being much exposed to predatory incursions, it had fallen into an unprosperous and decayed state, which would well account for the fact common enough to Royal Burghs of its not sending any Commissioners to Parliament.

This state of matters is quaintly described in the Act of Parliament of 30th November, 1581, ent.i.tled "Ratification of the Fair of Vchterardour," which had been obtained with a view to restore the prosperity of the burgh. The Act is in the following terms:--

"Oure Souerane Lord and three estaites of this p'nt Parliament, understanding that the burgh of Vchtirardour is of auld erect.i.t in ane frie burgh regall, and that the samin is far distant fra the say portis, and hes not usit faires nor m'cat dayis; the samin is bec.u.m decayit, and the inhabitantis thereof pure sua that thai ar not abill to intertene the civill ordor of ane frie burgh, nor zit execute sic justice as thay micht in the cu'trie about being opressit dyvers tymes be broken men and lymmeris, quha makis incursiones, and hereis mony cu'trey men and mana.s.sies aftymes the inhabitantis of the said town and burgh; and thairfoir said Souerane Lord wt. auise foirsaid, for help of the comoun welth of the said burgh, and support of the inhabitantis thairof, hes given and grant.i.t lyk as his heires wt. auise forsaidis, gevis and grantis license, fredome, and libertie to the provost, bailleis, inhabitantis, and communitie of the said burgh of Vchtirardour to hald zeirlie ane trie fair and m'cat day upoun the 25th day of November nix to c.u.m, and to cotinew zeirlie thairefter in all tymes cu'ing, declarand expresslie be thir p'ntis that all or Souerane Lordis liegis may resort and repair thairto for bying and selling of all guidis and m'chendice thairintill, quhairby the policie of the said burgh may the better incres, and that the liegeis also may haif the better eis.e.m.e.nt and intertertenigment for decora'un of the realme; and ordainis l'res of publica'un to be direct hereupon in form as effeiris."

This fair--the date being transferred by the change of style to 6th December--though shorn of its former importance, is still held. It was the day for reckoning and paying yearly accounts in the town and district, and was until lately a large cattle market.

After the Act of Parliament establishing the fair there is little reference in contemporary records to Auchterarder. The Castle and Barony continued in possession of the n.o.ble family of Perth, which during the eventful years of 1715 and 1745 exercised its influence, not without effect, in the district in favour of the exiled family. One of the most memorable events in the history of Auchterarder was the burning of the town in January, 1716, by the Earl of Mar, after the Battle of Sheriffmuir, in order to prevent shelter to the Duke of Argyll's army, which in pursuit had to encamp amidst the scene of desolation. This was an impolitic act, and calculated to exasperate the public mind against the exiled family. The burning was accompanied by great hardship, having been done during the depth of winter in a snow storm. The sufferers, after great delay and protracted litigation, succeeded in obtaining payment from the Exchequer of a pecuniary consideration, called the "burning money," in respect of their losses.

After the Act for the abolition of the heritable jurisdictions in 1748 the portion of Auchterarder strictly burghal ceased to have t.i.tles completed in the burgage form. Until that date t.i.tles were made up on burgage holding and resignations made in favour of the bailies of Auchterarder, who probably received their appointment from the family of Perth, the proprietors of the adjoining Barony. No burgh register existed, and the instruments were somewhat anomalously recorded in the Particular Register of Sasines. A difficulty was presented as to completing t.i.tles when there were no bailies to give infeftments or receive resignations; and so late as 1832 a pet.i.tion was presented to the Court of Session praying the Court to appoint bailies to the burgh of Auchterarder to give infeftment. The then proprietor of the Barony, conceiving this was derogatory to his rights as alleged superior, entered appearance, and the pet.i.tion was withdrawn on the superior offering to give a charter of the lands in question to complete the t.i.tle.

The Barony of Auchterarder continued in the possession of the Perth family until its attainder after the death of James, Duke of Perth, when the lands pa.s.sed into the hands of the Commissioners of the Annexed Estates. Under their administration a good deal was done for the improvement of the place. The Commissioners encouraged the manufacture of linen, and they laid out the lands of Borland Park into convenient divisions, erecting cot-houses thereon for the soldiers who had been engaged in the German War. They also made a grant of the Girnal House of Auchterarder for the benefit of the inhabitants. The lands were restored to the Perth family in 1784, and were disposed of by Lord Perth shortly thereafter; the Castle and the adjoining lands of Castlemains becoming the property of the late John Malcolm, Esq., while the remainder of the Barony was purchased by the Hon. Basil Cochrane, by whose trustees it was sold in 1831 to the late Lieutenant-Colonel James Hunter, who erected a mansion-house thereon. He died in 1874, leaving the estate to his nephew, Major Patrick Hunter, who in 1887 sold it to the late James Reid, Esq., Lord Dean of Guild of Glasgow, and it is now possessed by his trustees.

The Castle of Auchterarder, which is situated about a quarter of a mile to the north of the town, though not of large dimensions, must have been a place of considerable strength. It was surrounded by a moat, the traces of which are still visible. The only remaining fragment is a part of the donjon keep. A carved stone is built into the wall.

Through exposure it is very much defaced, but it represents a warrior seated in a chariot, and is supposed to be Roman. The wall is nine feet thick. Some years ago the draw-well of the Castle, built around with masonry, and of considerable depth, was discovered. The Castle is said to have been entire until the end of last century, when a vandal farmer took it down to build farm offices.

A Common of upwards of two hundred acres in extent is situated to the west of the town, over which the inhabitants from time immemorial exercised a right of pasturage. A Process of Division was raised before the Court of Session in 1808 by the Honourable Basil Cochrane, then proprietor of the Barony. This process was wakened in 1814, and again in 1841. Defences were lodged for the portioners and feuars, and thereafter by the inhabitants, on the ground that, as the Common was a pertinent of a royal burgh, it was indivisible, and the Act for division of commons did not apply. Litigation followed, and ultimately in 1860 a Bill was brought into Parliament and carried through for the vesting of the Common for the benefit of the town in a set of Commissioners. Under the Muir Improvement Act, 1860, the Common was reclaimed by the Commissioners, being drained, trenched, and fenced.

The debt incurred in the reclamation is nearly wiped out, and it now forms a valuable source of public revenue. The careful and economic conduct of the Commissioners since the Act was pa.s.sed, by which such a favourable result has been attained, is deserving of all praise, and the grat.i.tude of future generations.

In 1894 the ratepayers resolved to adopt the Burgh Police Act, and the affairs and management of the town are now entrusted to Police Commissioners.