Part 19

[6] _Calendar ut supra_; 1691.

[7] _Calendar_; 1858.

[8] _History of the House of Drummond_. By Viscount Strathallan.

[9] _Rotuli Camerarii Scotiae_.

[10] _Register of the Privy Council of Scotland_. Vol. I., p. 348.

[11] _Liber Insule Missarum_.

[12] _Guthrie's Memoirs_.

[13] _History of Brechin_. By David D. Black (pp. 97-98.)

AT THE GATE OF THE HIGHLANDS

By Rev. JOHN HUNTER, M.A., Crieff

The title describes admirably the position of the town of Crieff, planted as it is on the Knock, at the base of which the main road from Stirling and the South splits into two portions--the one running by way of Monzievaird and Comrie, the other by Monzie and the Sma' Glen, into the Western and Northern Highlands.

Crieff has had a long history. The most probable meaning of the name is "Tree-town," from _Craobh_--Gaelic for "tree"--a fact that carries us back into a remote age. Fifty or sixty years ago, the Breadalbane Highlanders spoke of Crieff as the "town of the tree." In early historical times the fame of Crieff was overshadowed by that of Foulis, near by which was the Castletown--the principal residence of the Earls Palatine of Strathearn--not the Celtic Earls whose home was at Tom-a-chastel, but the Stewarts, and afterwards the Grahams, who rose into place and power in Strathearn upon the ruins of the ancient line, which seems to have had no family name.

Treasonable practices against the life of Robert the Bruce brought about the downfall of the Celtic Earls. The Black Parliament, which sat at Scone in August, 1320, condemned Joanna, daughter of Malise, the last Earl, to perpetual imprisonment. She had married Warrenne, Earl of Surrey--appointed Guardian of Scotland by Edward I. in 1296--and in 1334 her father resigned his Earldom of Strathearn to his son-in-law. For the doing of this he was forfeited and attainted, in 1345, "as an enemy to the King and Kingdom of Scotland." The fief reverted to the Crown. Next year was fought the Battle of Durham, and David II. was carried captive to London, where he remained for eleven years. While in England he bestowed the forfeited Earldom of Strathearn upon his nephew, Robert, the High Steward of Scotland, afterwards King Robert II. On his accession to the throne, in 1370, Robert II. transferred the Earldom to David, the eldest son of his second marriage to Euphemia Ross, the widow of Randolph, Earl of Moray. Earl David took the title, Earl Palatine, in 1375, and his only daughter, Euphemia, who succeeded him in 1389, styled herself "_Senescalli Comitissa Palatina de Strathearn_." She married Patrick Graham, who was killed at Ferntower, in 1413, by Sir John Drummond of Concraig, Steward of Strathearn, and kinsman of James I., whose mother was Annabella Drummond. The only son of Patrick Graham and his wife, Euphemia, was Malise Graham, who, as Earl of Strathearn, became security along with twenty-seven others for the payment of the ransom of James I. He was detained as a hostage in England for thirty years, and meantime his estates and title were resumed by the King, on the ground that they did not descend to the heir-female. To compensate him for this, he was created Earl of Menteith. The annual rental of his estates as Earl of Strathearn was set down in the Durham Schedule at 500 merks. The schedule was drawn up in the year 1424.

Even in the time of the old Earls, Crieff held an important position in public affairs. It will hardly do to say that it was the capital of Strathearn. As a Royal Burgh of the foundation of Malcolm Canmore, perhaps Auchterarder was entitled to claim the premier rank. But it would seem that the business of the ancient Earldom was transacted here. So early as 1218, Earl Gilbert, the founder of the religious house of Inchaffray, granted a charter of "six marcis of Abercarnich, dated apud Crefe die Santi Ambrosii." Fifty years later, Earl Malise, who was the first of his race to show fondness for English ways--sending his sons, Gilbert and Robert, to be educated in the English Court--granted, to the Convent of Inchaffray, permission to quarry stones within his lands at Nether Gask. The permission was dated at Crieff, 1266. Later traces are a narration by Robert, the Steward of Scotland and Earl of Strathearn, of the proceedings of his Court, held at Crieff on May 8th, 1358; and the fact that on May 7th, 1491, William, Lord Ruthven, moved King James IV. and his Council for a return of the record of "ane justiceayr holden at the Skait of Creif on the penult day of July, 1443."

The Steward's Court of Strathearn was held in the open air. The site was included within the park of Broich. It was a circular mound, twelve yards across, and was recognisable up to the year 1860. A "fail" dyke surrounded the spot, and two aged larch trees threw their shadows upon it. A certain reverential feeling, due to a site from which had gone forth the issues of life and death, kept the place intact. But in that year vandalism scored a regrettable triumph. The site was trenched and levelled. Two cists were discovered of the rudest construction. Human remains were found within one of them, bearing traces of fire action; also an urn, which measured 5 inches in height and 5 inches across. Here, then, was the stayt, or skait, or skeat of Crieff. The Court continued in the full vigour of its energy for more than a hundred years, dispensing justice both in civil and criminal cases. Originating in the claim of Earl David in 1375 to be Earl Palatine, its jurisdiction continued in unimpaired strength and scope down to the year 1483--well on into the reign of James III., and exactly thirty years before the disastrous Battle of Flodden. This latter date is interesting to us, seeing that it marks the turning point in the fortunes of Crieff. With the decay of the power of the Court of the Earl Palatine of Strathearn Crieff also decayed, and sank into the position of an ordinary kirk-town. The period of decaying prosperity lasted for 200 years--on to 1683, when a forward impulse was given by George Drummond of Milnab, who in that year became Lord Provost of Edinburgh. By giving off pieces of his lands, in feu, he offered an inducement to settle in Crieff, which was taken advantage of to some small extent. Others have taken up the lead of the enterprising Laird of Milnab, and Crieff is now a town of feuars, holding mainly of the Perth Estate, Dollerie, and Broich. But this is modern history, and we have not yet done with the old. I have still to relate as briefly as may be how it came about that the Court of the Earls Palatine lost power and influence.

The result was due in great measure to the jealousies and dissensions of the rival families of the Murrays and the Drummonds. The people of Crieff, in the period of its decadence, may well have anticipated Shakespeare's "A plague on both your houses," as applied to the Capulets and the Montagues. The hereditary office of Steward of Strathearn was a prime bone of contention. In the days of the Celtic Earls the office was usually held by a younger son, or other near relation. The last of these Seneschals of the old line was Malise, who had married Murialla, the widow of Fergus, son of Gilbert, Earl of Strathearn, the benefactor of Inchaffray. He got with her the lands of Tullibardine in dower. A son, Henry, and a daughter, Ada, were born to them. The daughter married Sir William Murray, who got the lands of Tullibardine conveyed to him, in 1284, by his mother-in-law, and confirmed, for his greater security, by his brother-in-law, Henry. This Sir William Murray was one of those who were summoned to Berwick by Edward I. in 1292 to hear the advocacy of the claims of Bruce and Balliol. Henry, the brother-in-law, became Steward of Strathearn on the death of his father, Malise. His only daughter married Sir Maurice Drummond of Concraig, and carried with her the office and lands held by her father. Sir Maurice was the first Drummond who was Steward of Strathearn. Both he and his wife were buried within the choir of the Church of Muthill. It is not to libel human nature to say that the Tullibardine Murrays looked with disfavour upon the passing of the Stewardship to the Drummonds of Concraig. The latter, however, were legally in possession, and the Murrays had to bide their time. The opportunity was not long in coming. King Robert II. died in 1390. He is described by Froissart as a man "not valiant, with red, bleared eyes, who would rather lie still than ride." His reign was prosperous but at his death "every man did what seemed right in his own eyes." His third son, nicknamed the Wolf of Badenoch, quarrelled with the Bishop of Moray and burned his Cathedral of Elgin. The Duke of Rothesay, heir to the throne on the death of his father, Robert III., was starved to death in Falkland Palace by his uncle, the Duke of Albany in 1401. In these wild days Strathearn had its own troubles. In or about the year 1391 the Stewardship was held by Sir John Drummond of Concraig the grandson of Sir Maurice, who lies buried in the choir of Muthill Church. Sir John married Matilda Graham, the sister of Sir Patrick Graham who subsequently became Earl of Strathearn in right of his wife Euphemia, the daughter of Earl David, first Earl Palatine. It was his duty, as Steward of Strathearn, to try Sir Alexander Murray of Ogilvy for the murder of William de Spalding. This was specially unfortunate, seeing that Sir Alexander Murray's father had got the Barony of Ogilvy in compensation for the loss of the Earldom of Strathearn, when it was assumed by Robert Stewart, afterwards King Robert II. He was at the bar of a Court over which he doubtless thought he had a right to preside. The Court sat at Foulis. Upon the bench were Sir John and Maurice Drummond, deputies of the High Justiciar, the Lord of Brechin. The accused pled the privilege of one who was within the ninth degree of kin and "bluid" to Macduff, some time Earl of Fife, stating that he had gone to the Cross of Macduff, near Newburgh, and "given nine kye and ane colpindach (young cow), and was therefore free of the slaucher committed by him." His counsel were Sir Bernardo de Hawden, Knight of Gleneagles, and Sir John de Logy of Logiealmond. The judges referred the matter to the High Justiciar, who decided that Sir Alexander should make his defence before the Court at Foulis. He submitted, and got off easily, "not with such severities and rigours of law as might have been shown."

[Illustration: Gateway, Foulis Church.]

This affair made matters worse between the Murrays and the Drummonds. Sir Alexander and his friends set about trying to emancipate themselves from the jurisdiction of the Stewards of Strathearn. They found an aider and abettor in Sir Patrick Graham, who had assumed the title of Earl of Strathearn in right of his wife. Sir John Drummond of Concraig, the Steward, was his brother-in-law, but disposed to stand stiffly upon his position as hereditary Steward. He declined to resign his office into the hands of the Earl of Strathearn as superior. Upon this there ensued a bitter personal quarrel between the Earl and the Steward. The Murray party saw their advantage and took it. The wife of the Laird of Ogilvy was grand-niece to the second wife of the Earl of Strathearn, and through this connection or otherwise he was induced to give a pledge that he should either have power to dispose of the Steward's office or not be Earl of Strathearn. He set out from Methven Castle with the intention of breaking up the Steward's Court at the Stayt of Crieff. Sir John and his friends encountered him in the park of Ferntower at a place still marked by a large standing-stone. The Earl was killed, and Sir John and his friends fled to Ireland. Fordun states that none of them were brought to justice, except William and Walter Oliphant. These were probably sons or grandsons of Sir Walter Oliphant of Gask, who married Elizabeth, the youngest daughter of Robert the Bruce, on 11th Jan., 1364. This fatal encounter in the park of Ferntower took place in 1413, during the regency of Albany, who succeeded to power in 1406, after the death of his brother, King Robert III. Sir John had secured the succession to his lands and offices in favour of his son, Malcolm, so that the outlawry decreed against him affected himself only. He died in Ireland. But misfortune dogged his House. Even in the time of his grandson, the family historian states "that ever since the killing of the Earl of Strathearn the family had no settled peace, but were forced to keep house to so many friends and servants for their security that it brought a consumption upon their fortune, ingadged it in burdens, and made him pairt with many of his lands to relieve his debts." In 1474 the laird of the time, Maurice Keir Drummond, sold lands and his office of Steward to his chief, John Drummond of Cargill, afterwards Lord Drummond.

Thus the Murrays had gained their object, so far. The family of Concraig was ruined. But they were foiled in their attempt upon the Stewardship. They had tried for that many ways. In 1441, Sir David Murray of Tullibardine had attempted "to wind himself once in possession of the Stewartrie" by proposing a marriage alliance between his daughter, Isabella, and Malcolm Drummond, son of Sir John. The scheme fell through somehow. Meantime, King James I. had put new life into the central governing body. Parliament was now waking up to a sense of its rights and duties. The actual reign of James I. only lasted for thirteen years (1424-1437), but he held no fewer than thirteen Parliaments during these years. It was his object to break the power of the nobles and local dignitaries. The unique position of the Earldom of Strathearn and the hereditary Stewardships which had grown up alongside of it attracted his attention. The Earldom was the only Palatinate within the bounds of Scotland; the only Earldom possessing Royal privileges. King James I. was a reformer of the "hot-haste" school. The execution of a plan of action followed hard upon the heels of the conception of it. An Act of his first Parliament directed an inquest to be made by the Sheriff--"what lands pertain to the King, or has pertained during the reign of the last three kings, and in whose hands they now are." In terms of this statute, King James I. resumed the Earldom of Strathearn on the ground that it was a male fee, and did not pass to the wife of Patrick Graham, the heir-female. This happened in 1436, and it cost the King his life the following year at the hands of Robert Graham, uncle and tutor of the young heir, Malise, who was still detained as a hostage in England in security for the payment of the King's ransom. But the impulse had been given; though dead, the reformer King still spoke to the nation, and in 1442 James II, and his Parliament declared that the Earldom had fallen to the Crown. In 1455 it was enacted that all regalities in the King's hands should be annexed to the royalty, and subject to the King's Court. This action in Scotland had the support of the Murray faction. They had come to see the futility of any attempt upon the Stewardship. In the year 1474--the very year in which Maurice Keir Drummond of Concraig had parted with lands and office to his kinsman, the Laird of Cargill--Sir William Murray of Tullibardine obtained from King James III. a discharge or dishonouration of the Seneschalship of Strathearn. The effect of this was that his person and his lands were emancipated from the jurisdiction of the Steward's Court. This example was followed by the Laird of Abercairny, who held a tack of the lands of Tullichettle, which Sir William Stirling of Keir, the granter, was called on to warrant. In 1483, the Laird of Abercairny, Humphrey Murray, appeared at the Stayt of Crieff and withdrew his suit--"_Levavit sectam suam de predicta curia_," which was transferred by Crown charter to the King's Sheriff Court at Perth. Thus terminated the jurisdiction of the Earls Palatine of Strathearn. It was followed up by a declaration of date 16th February, 1505, to the effect that "the Baroneys of new create and maid within the King's Earldom of Strathearn within thir three years bipast" were released of all service in the Steward Court of the King's Earldom of Strathearn. Such service was now due to the King's Sheriff Court of Perth "in all times to cum."

In giving this rapid sketch of the early history of Crieff, I have followed mainly the guidance of the writer of a historical introduction to a little book entitled _The Beauties of Upper Strathearn_. For the short account of the Skait of Crieff, I am indebted to one or two articles in the _Strathearn Herald_, written by the late H. B. Farnie, on the 17th and 24th days of November, 1860, just when the trenching and levelling were in full swing. We must now turn to the later period during which Crieff tasted the sweet uses of adversity. It suffered eclipse for 200 years--from the year 1483, when the jurisdiction of the Earl Palatine terminated, down to 1683, when a citizen of Crieff--George Drummond of Milnab--became Lord Provost of Edinburgh. During these long years, Crieff was an ordinary kirk-town, nowise distinguished among its fellows. It had its Gothic Church, which seems to have dated from a very remote period. When it was demolished, in 1787, forty gold coins of Robert I. were found in a hole in the wall six feet from the ground. There was a law plea for the possession of these coins between the Crown and James Gentle, the purchaser of the old walls, which was decided in favour of the Crown. The houses of Crieff were clustered round this old church--mainly east and north and south. Crieff had no west end beyond the Cross until after 1731, when the Master of Drummond made good his title to the Perth Estate, after the forfeiture which ensued upon the proceedings of 1715. It was burned to the ground in this year, but, thanks to the Master of Drummond, it had reached a thriving condition as a market town for the midland and western districts of Scotland, when the Highlanders broke loose again in 1745. It suffered no second burning, though the Highlanders had possession of it, and Prince Charlie held a stormy council of war in the old Drummond Arms, at the foot of Hill's Wynd. Since then, Crieff has become a "braw toon" without the other "singe" its Highland neighbours destined for it. The coming of the railway in 1856, and the adoption of the Police Act in 1864, have done wonders, enabling it to take full advantage of its many attractions. It was loyal to the Hanoverian dynasty during the troubles of the "'15" and the "'45"; but one hundred years before the last outbreak it gave a kindly welcome to Montrose, who entrenched himself very securely at Callum's Hill, having doubtless his headquarters at the house of his kinsman, Inchbrakie.

We come now to look more closely at Crieff, when it set out upon its comparatively undistinguished career as a kirk-town. No doubt it felt the loss of the Court of the Steward of the Earl Palatine of Strathearn, just as the whole strath felt the want of the sunshine of the Royal favour after the murder of King James I. in the Blackfriars Monastery of Perth, at Christmastide, 1437. But though, doubtless, many forsook it, some remained, and there were kirk-lands near by for the maintenance of the Gospel. Conflicting interests began to stir in connection with these lands. When they come under our notice the kirk-lands of Crieff are attached to the Chapel Royal at Stirling. In "Ane Index of Rights of the Chappell and of their Bulls or Patents" we read, as one of the contents, "Applicatio prima fructuum de Air, Kincardin, Crieff, et Pettie Brachley." This seems to have been sanctioned by a Bull of Alexander VI., of date May 16th, 1502; and surely it is interesting to know that the kirk-lands of Crieff, Ayr, Kincardine, and Pettie Brachley--wherever that was--were allocated to the Chapel Royal at Stirling by the Borgia Pope, Alexander VI., one of the prime disgraces of the Chair of St. Peter. But the allocation did not pass unchallenged. Crieff had its perpetual pensionary vicar in those days, and naturally enough he could see neither rhyme nor reason in the arrangement which a Pope had no doubt sanctioned, but which completely ignored his interests. The name of the worthy vicar was Master John Broune,[1] a discreet man, as he is called in the public instrument in which the process is recorded, by means of which he got an augmentation of stipend. The instrument begins in this way:--

"In the name of God. Amen. By this present public instrument, be it evidently known to all men, that in the year of the Incarnation of our Lord, 1511, on the 5th day of March, the 15th year of the Indiction, being the 9th year of the Pontificate of the Most Holy Father in Christ, and Master of our Master, Julius II., Pope by the Divine Providence. Compeared in person, in Court, Master John Broune, perpetual pensionary vicar of the parish of Crieff, in Stratherne, on the one part, and on the other, Masters William Sterheid and John Goldsmyth, Canons of the said Chapel Royal and Prebendaries of the same Church of Crieff."

The President of the Court was Master David Abercrummy, principal official of Candida Casa and of the Chapel Royal, Stirling, also sub-deacon of the same Chapel Royal. A notary public was also present and certain subscribing witnesses. Master John Broune, the vicar, stoutly maintained that the pension was too small and mean (_exigua parva et exilis_) for his proper maintenance, and strengthened his plea by the production of two documents--one subscribed by the proper hand of the most excellent Prince and Master of our Master, James IV., the most illustrious King of the Scots; the other subscribed by the proper hand of the reverend Father in Christ, and Master of our Master, David, by the Divine compassion, Bishop of Candida Casa and of the Chapel Royal, Stirling. Then follows the King's letter in "braid Scots":--

"We, as patrone of the Kyrk of Creyf, gyffis our full consent and assent to thir ouyr lettres that the Bishop of ouyr Chapel Rial erec and mak the vicar's pension of the said kyrk equivalent to the utheris vicaris pensionarys of the Kyrks of Balmaclellene, Suthwyth, and Kellys, unit and erectit to our said chappell with ane manse, yard, and gleyb of twa akaris of the kyrk-land of Creyf, callyt 'For,' next adjacent to the said kyrk, to the sustentacion of the vicar thairof to serve the cuyr, payand procuragis and synnagis, and mak the dene rural expensys in visitacion as efferys, and ordains that this be done be the Bishop of ouyr Chapell Ryal and official tharof by tharis dyscrecionys, the quantyte of the cuyr beyng consyderit.

"Subscrivit with ouyr hand at Edynbrugh, the xxv. daye of September, and of our reng the xxiiij.or zeir, 1512. _Et sequitir subscripcio manualis_. Rex James."