Earl of Eglinton and his assignees to act as "fearis correkaris and supplearis" of the said isle, until the King's lawful age of fifteen years, with full power to punish the persons occupying, wasting, and destroying "the said ile the wild bestis and grund of the samin; " providing further that if Robert Huntare of Huntarestoun holds or 66 imputs nolt, cattall," etc., for wasting and destroying of the said isle "dere and cunyngis being thairin," more than his charter allows, the Earl shall escheat the same to his own use, etc. Dated at Edinburgh, 28 October 1515. 62. Obligation by Colin Earl of Argyll, acknowledging himself to have borrowed from his aunt "Elyn Countas of Eglintoun ane chenze of gold contenit fif wnce and half wnce, and contenit in leinkis thre scor and xii leinkis; and ane siluer pece contenand sevin wnce and thre quartaris of ane wnce, to lay in wed in our mister" [pledge in our need], which piece and chain the Earl binds himself to restore before the next "Fasternis Evin " without any claim. Dated at Edinburgh, 18 December 1515. 63. Indenture between John Earl of Lennox and Hugh Earl of Eglinton, as follows: that Mathew, son and apparent heir of the Earl of Lennox, shall marry Christian, eldest daughter of John Master of Eglintoun; and failing Mathew, the eldest son and heir of the Earl of Lennox shall marry Christian Montgomery, and failing her, the next daughter, and so forth, aye and while the Earl of Lennox has a son his heir, and the said Master of Eglintoun a lawful daughter; the Earl of Eglintoun paying for the marriage 2,000 merks, to be applied to the redemption of certain lands belonging to the Earl of Lennox, in which the Earl of Eglintoun is to be infeft until the children are of lawful age. The chief special condition of the contract is that there shall be a sure bond of kindness made betwixt the two Earls and their friends against all others excepting the King and Governor, the Bishop of Glasgow on Lennox's part he being bailie, the Earl of Arran and the Abbot of Kilwinning on Eglintoun's part, he being Bailie. Dated at Glasgow, 16th February 1519 Witnesses, Sir Gavane Kennyde of Blairquhan, knight, Master John Campbell of Thornton, treasurer, Patrick Houstoun of that ilk, Allan Steward of Cardonald, Master Robert Maxwell of Torboltoun, and James Wallace of Crago. 64. Extract Decreet Arbitral pronounced by John Duke of Albany, Governor of Scotland, James (Beaton) Archbishop of St. Andrews Chancellor, Gavin (Dunbar) Bishop of Aberdeen, oversmen, with John Lindesay of Petcruvy, knight, John Stirling of the Keir, knight, arbiters chosen on the part of Cuthbert Earl of Glencairn and William Master of Glencairn, on one side, Master John Campbell, Treasurer to the King, and Thomas Corry of Kelwood, arbiters chosen on behalf of Hugh Earl of Eglintoun, and Archibald his grandson Master of Eglinton on the other side, to decide regarding slaughters and disputes betwixt the parties in time bygone: The arbiters, in terms of a former decreet, of date 22nd May 1517, decern that the Earl of Glencairn and his son shall cause be given to the Earl of Eglintoun and his grandson, the marriage of the Master of Glencairn's heir to be married to the Master of Eglintoun's sister if the contract of marriage with the Earl of Lennox be dissolved; the Earl of Glencairn giving the lady 1007. Scots yearly in life rent, and infefting the Earl of Eglinton for security of the marriage, in land worth 80 merks yearly. The parties are to forgive each other all slaughters or displeasures committed on each other: The rights of the chamberlainry and bailiery of Stewartoun, RIGHT HO OF EGLINTON. RIGHT HON. including the Temple lands, are to remain with the Earl of Eglintoun; the Earl of Glencairn is ordained to cease from troubling the Earl of Eglintoun in the lands of Wrichthill, &c. As to the "spulzeis, heirschippis, damnagis and skaithis" done by the Earl of Glencairn and his son to the Earl of Eglintoun and his friends, the former are adjudged to pay 1,2187. 14s. 2d. Scots in full contentment of all such, excepting certain "spulzeis." [Here follow a list of no fewer than 22 raids or "spulzeis" made by the Cuninghams.] Provision is made for a deduction from this sum on account of numerous spulzies by the Montgomeries and their friends; the sum actually to be paid amounting to 4817. Scots. The parties are bound to observe the decree under a penalty of 3,000l. Scots. Decree dated at Edinburgh, 13th and recorded 14th March 1523. 65. Charter by King James Fifth granting to Robert Huntar of Hunterstown and his spouse Jonet Montgumry, and the longer liver of them, in conjunct fee, etc., the whole island and lands of Little Cumray lying within the river of Clyde ; which island and lands the said Robert and his predecessors formerly held heritably in custody, of the King and his predecessors, having for their keepership two chalders of oats payable yearly from the rents of the island of Bute: To be held, the said island by the said Robert and Jonet and their lawful heirs male, etc., in feuferm and heritage for a yearly rental of £3. 6s. 8d. Scots; with a discharge of the said two chaldeis of oats: the said Robert and Jonet also building and keeping up a sufficient mansion house on the said lands with hall, chamber, and other buildings. Given under the Great Seal at Edinburgh, 31 May 1527. 66. Charter by King James Fifth in favour of Hugh first Earl of Eglintoun narrating that it plainly appeared to the King and the Lords of his Council that the Earl and his predecessors were hereditarily infeft in the lads and others underwritten, held of the King and his predecessors for ward and relief, namely the lands and barony of Ardrossane extending to 180 meiks of old extent; the 40 merk land of Eglinton; the lands of Snotgerss, Robertown, and Allhallow Chapell, all in Ayrshire; the lands of Eagleshain with patronages, extending to 100 merks of old extent, Eastwood and others in Renfrewshire; Bonnington and Polton in the shire of Edinburgh; and Lochransay in the island of Arran; and declaring that the aforesaid lands of Robertown and Eastwood belong to the said Earl and Helen Campbell his spouse in con junct infeftment; also that it clearly appeared that the Earls principal messuage and manor house of Eglintoun were lately burned and estroyed by William Cunynghame, knight, and his accomplices, enemies of the said Earl, together with his charters, instruments of sasine, infeftments and evidents of the said lands, which were kept in the said manor house; and that his Majesty now declared and admitted the said Earl as the immediate and legal holder from himself of all the foresaid lands: To be held of the King and his successors hereditarily by the service of ward and relief as if the burned writs still existed to show; and that this present declaration and admission should be to the Earl and his heirs a sufficient charter, sasine and infeftinents of the foresaid lands in all time coming. Given under the Great Seal at Edinburgh, 23 January 1528. 67. Decreet Arbitral pronounced by Robert Bishop of Argyll, Master James Houstoun, sub lean of Glasgow, Colin Campbell of Ardkinglas, James Colvill of Ochiltrie, Patrick Maxwell of Newark, and John Lockhart of the Bar, judges arbiters chosen to decide betwixt Hew Earl of Eglintoun, his kin, etc., on the one part, and Robert Boyd in Kilmarnock, Mungo Mure of Rowallan, with their kin, etc., on the other part; adjudging the Earl to pay to Robert and Mungo 2,000 merks Scots, the Earl discharging all spulzies, etc., committed by them: Also the Earl shall overgive the steading of the Law to the said Robert. For which Robert shall give kindness to the Earl, and remit all slaughters, and specially the slaughter of Robert's chief: And Robert and Mungo shall discharge the Earl of all slaughters, etc., committed upon them, specially those done on the barony of Rowallan and at the siege of Kilmarnock: Also Robert shall marry his heir upon one of the Earl's grand-children, as may be arranged, etc. Dated at Glasgow 2nd May 1530: Witnesses, John Somervell of Carnethome, Thomas Ralston of that ilk, William Wallace, Tutor of Cragy, William Boyd of Baniecht, James Somervell, parson of Liberton, John Lyndissay of Covynton, Hew Mungumry of Hesleheid, Alexander Dunlop of that ilk, Mungumry, and Master Andro Mungumry, vicar of Stewarton. Adam 68. Commission by King James Fifth constituting James (Beaton) Archbishop of St. Andrews, Gawin (Dunbar) Archbishop of Glasgow, George Earl of Huntlie, William Earl of Montrose, Hugh Earl of Eglintoun, and Robert Lord Maxwell, Warden of the West Marches, Viceregents and Lieutenants of the kingdom of Scotland, with full powers, in expectation of the King's being detained in France. Given under the Great Seal, at Paris, 6th January 1536. 69. Testament of Andrew Craufurd of Giffertland, in which he enumerates his possessions, consisting solely of horses, cattle and sheep, and debts due to him. He bequeaths his soul to God Almighty, the Virgin Mary and all the saints, and his body to be buried in the Church of Dalry; and 4 pennies to the Church of Glasgow. He constitutes his spouse Agnes Ross, and Thomas Crauford of Byrkheid his executors. Among the debts due by him are, to Bessie Crauford his daughter for natural portion, 100 merks, to Thomas Crauford his son for natural portion 80 merkз. He leaves to John Crauford his heir 80 merks; to Bessie Crauford his natural daughter 20 merks; to Jonet Crauford his natural daughter 20 merks; to Andrew Crauford his natural son 20 merks: with other legacies, the residue being left to his wife and their children. At the Mansion of Giffertland, 1st February 1542. 70. Letters under the Signet of Mary Queen of Scots, legitimising "ugh Montgomery, bastard son natural of Hugh Master of Eglintown, William Montgomery, bastard son natural of the late Master Alexander Montgomery, Michael Montgomery, Robert Montgomery, and Hugh Montgomery, brothers, bastard sons natural of the late Robert, Bishop of Argyll, Robert Montgomery, bastard son natural of Mathew Montgomery abiding in the Bar, and Alexander Michaell, bastard son natural of John Michaell, chaplain. Edinburgh, 9th July 1543. 71. Bond of Manrent by Duncan McFarland (uncle to the Laird of Makfarlan), to Hugh Master of Eglintoun, whereby he binds himself to come to the assistance of the latter with his kin, friends, and servants when required, against all parties, the Queen excepted: "The said Master licentand me to tak my sustentation on his inymeis in the Lawland, or ellis to gif me my sustentatioun sa lang as he requiris me to He remane in his seruice, and to convoy me to my strenth agane binds himself also to cause his brothers Andrew and Robert McFarland to come to the Master of Eglintoun to Irvine, or elsewhere, and give their boads of manrent when required. Dated at Irvine 25th April 1545. RIGHT HON. RIGHT HON. 72. Testament of Hugh first Earl of Eglintoun, dated at Eglintoun 23rd September 1545, in which he leaves his soul to God, the Virgin Mary, and the whole court of heaven (totique celesti curie), his body to be buried in the choir of the Monastery of Kilwynning with his parents and predecessors: He leaves 20s. to the Church of St. Kentigern. He constitutes Hugh Montgomery his heir, his only executor, to pay all debts, and specially to remember the testator's brother James Montgomery and his servant Adam Montgomery for their friendship and services; also to cause three priests to pray for the Earl's soul and the souls of those whom he had not satisfied for injuries done to them, and that for five years after his decease. As the inventory of all his goods, the Earl acknowledges that he has in gold, in deposit, 2,500 merks Scots. As legacies, he bequeaths to the friars-minor of Ayr, for three years, 107. (Scots) to pray for the souls of himself and his spouse; to the friars preachers of Ayr 10 merks, for one year; to the friars minor of Glasgow, to pray for him and his spouse, 107. for one year; to the friars preachers of Glasgow 10 merks; to the friars Carmelites of Irvine 51. for their prayers, for one year; to the poor begging on the morrow after his decease 107. in alms. The Earl further ordains his executor to remember his poor servants, and to cause a perpetual mass be celebrated and founded in the Monastery of Kilwynning for the testator's soul and his wife's, as was founded for the souls of the late Hugh of Eglintoun and Sir Alexander Montgomery, lord of that ilk. Confirmed by the Archbishop of Glasgow, at Glasgow, 12th March 1545. 73. Retour made before Patrick Hamilton of Bogsyde, and Hugh Montgomery in Smythstoune, sheriffs, etc., in that part of the regality of Kilwynning, by commission from Alexander, Abbot of the Monastery of Kilwynning specially constituted, and an assize, Nigel Montgomery of Langschaw, knight, Charles Mowat of Busbye, Robert Fergushill of that ilk, Robert Blair of Kirkland Dalry, Thomas Newyne of Monkreddin, Constantine Montgomery in Sevenacres, Archibald Dunlop of Achinskeyth, John Craufurde of Giffartland, John Craufurde of Birkheid, William Cleland, William Boyde in Achintebir, Alexander Herwy in Braidtye, John Dunlop in Guislone, Hugh Millar, John War in Wodsyde, John Millar and Bryce Reid in Pottertoun, declaring that Hugh Montgomery, grandson of the late Hugh Earl of Eglintoun, is heir of his grandfather in the offices of Justiciar, Chamberlain and bailie of the lands of the Monastery of Kilwynning, Beith, Kilmarnok, Lyandcorss and Dalry, and of all the lands of the monastery within the kingdom of Scotland, with 47. yearly as bailie's fees; which offices are held of the Abbot in feufarm for one silver penny yearly. Dated in the Court House of the regality of Kilwyuning, 4th December 1545. 74. Bond of Mutual Defence between Archibald Earl of Angus, his heir, and George Douglas of Pitindrech his brother-german on the one part, and Hugh second Earl of Eglintoun, his heir and ir Neill Montgomery of Langschaw, his father's brother, on the other part, whereby the parties are mutually bound to take part with and assist each other in all their causes, quarrels, &c. against all deadly; the authority of the Queen and that of the Governor only being excepted; the penalty for either party breaking the said bond to be 15,000l. (Scots), viz. :-5,000l. to the party keeping it, 5,000l. to the Queen, and 5,000l. to the repairing of St. Mungo's work. Dated at Irvine 12th April 1546: Witnesses, William Earl of Glencairn, Gilbert Earl of Cassillis, George Lord EARL OF EGLINTON. Seton, Alexander Lord Alphestone [Elphinstone], Robert Master (of) RIGHT HON. 75. Letters of Archibald Earl of Argyll, etc. Justice General of the Kingdom, attesting that Lady Marion Setoun, Countess of Eglintoune, had been acquitted of being art and part of the slaughter of Neill Montgomery of Langschaw, knight, after trial in a Court of Justiciary in the Court house of Edinburgh on 28th June 1547. 76. Discharge by Mary Queen of Scots, with consent of the Regent Arran, whereby, because Dame Marion Setoun Countess of Eglintoun, tutrix testamentar to Hew now Earl of Eglintoun her son, had paid to John Bishop of Dunkeld, the King's treasurer, the sum of 2,000 merks Scots to be expended upon ammunition and paying soldiers for defence of the realm, the Queen discharges the summons of error at her instance for the reduction of the retours of the Earl's father as heir of his father in the lands and lordship of Robertoun, etc. Given under the signet at Edinburgh, 15 September 1548. 77. Contract of Marriage (Extract Registered) between James Duke of Chatelherault, Earl of Arran, etc., and Jane Hamilton his lawful daughter on the one part, and Hew Earl of Eglintoun and Dame Marion Seaton Countess of Eglintoun (his mother), Robert Lord Semple, Richard Maitland of Lethington, and Hew Wallace of Carnell his curators, on the other part, to the effect that the Earl of Eglintoun should marry the said Jane Hamilton, & secure her in a life-rent right of the lands of East and West Mains of Ardrossan, with tower, fortalice and castle, a piece of land called the Crags, the Mill of Ardrossan; the lands of Knokbrehauch; the lands of Sorby; the lands of Mekle and Little Busbie, the lands of Greithill; the lands of Salcottis, with the Fischeartoun and haven of the same, lying within the bailliary of Cuningham and Sheriffdom of Ayr. In return the Duke of Chatelherault, having full power from his daughter the Lady Ann Hamilton, donatrix in and to the said Earl's ward and nonentries of his lands of all years to run, after the Earl's age of 16 to his majority, freely dispones to the Earl, in name of tocher, his marriage, with all claim that the said Lady Ann might have against him for said marriage; and also dispones to the Earl and Lady Jane the longer liver of the two and their heirs, the ward, nonentries of the lands and lordship of Ardrossan, etc., and also of the 40 merk land of Eglinton, etc.; the Earl binding himself to warrant that the liferent lands shall be worth 500 merks yearly with other provisions. Dated at Edinburgh 13th February 1554 Witnesses, George Commendator of Dumfermline, William Commendator of Culross, Sir Robert Carnagy of Kinnaird, knight, and others. Recorded 14th February 1554. 78. Process of Divorce before John Houstoun, canon of the Metropolitan Church of Glasgow, and judge and commissary-depute of John (Hamilton) Archbishop of St. Andrews, at the instance of Hugh third Earl of Eglintoun against his first Countess Joanna (or Jane) Hamilton. The process commenced 2nd April and terminated 30th May 1562. The Judge pronounced sentence to the effect that the marriage contracted de facto but not de jure between the said Earl and Lady Joanna Hamilton was from the first null and of no force, on account of the impediment of consanguinity: and that these pretended spouses should be divorced and a divorce celebrated between them; and that if another |