24 PROCEEDINGS OF THE SOCIETY, DECEMBER 10, 1888.

I.

THE BARONY OF MOUSWALD AND ITS BARONS : A PAGE OF BOEDER HISTORY. BY JOHN J. REID, B.A., F.S.A. SOOT., CUBATOE ov THE MUSEUM.

earliese Th t referenc Mouswalo t e t ascertainedye d take bacs u so t k the time of Alexander II., and is thus cited in the Calendar of Documents relating Scotlando t . 1684) (volWo . i . : "Richar Bancore dd i quit claims to his lord Robert de Brus and his heirs, the whole land of Loyerwode by these bounds, viz., from Pollnilin as far as Blakebeck, as the half of e mosth s extend frod e watean smth f s o saia r r e mosdfa th hal s f sa o f Loyer with a certain common pasture in the fee of Comlongan which e saith d Robert' f Musfauo n sme d were won o havt t e from the grantor mare on farn ki r myearlyfo . Savin grantee th s wooo gt hi r ....n di . gig befors oa date eth e hereof. Append seals hi s . Witnesse r AdasSi m de .Carnoto, Sir David.de Parco, Sir Umfridus de Kirkepatric, Sir Roger de Kirkepatric, Sir William de St Michael, Sir Engram de Musseus, James the Clerk others.d an , " e deecurioua n itselfTh s i i d worthd e an ,son f attentioyo n conni - nection with the history of the district: The name " de Bancori" may be compared wite Aberdeenshirth h e " Banchory," which appearn i s several parish and place-names in that county. " Robert de Brus," to whom the conveyance is made, was probably the great-grandfather of the king. " Loyerwode " is now known as " Locharwood," the " Loyer," no Lochare wth , bein streae gth m which flows throug Lochae hth r Moss, falling into the Solway at a point close to Powhillon, the "Pollnilin" of the deed. A reference to the "Atlas of Scotland, 1832, " will show the precise spot. " Comlongan, " still so known, has long belonged to the Murrays of Cockpule (now Earls of Mansfield), and is to this day possesse y thab d t family. Ther eseem- o roo n sr doubtin mfo g that Musfaud is the modern Mouswald., a parish which adjoins the moss and embraces a considerabl a coincidenc s i t eI portio . it e f tha o nthio t t s day Markland is the name of a farm belonging to Lord Herries, quite close to Locharwood, and within 2 or 3 miles of Comlongan. The men THE BARONY OF MOUSWALD AND ITS BAKONS. 25

of Mouswald at this early period clearly were vassals of Bruce, leasing pasture th e from Bancori."e d " From references kindly supplier M y db George Neilson, it seems tolerably certain that " Engram de Musseus," one of the witnesses to this charter, should be " de Muscens," and that it is a misspelt variant of Muscamp. The name appears in a charter of Alexander II. (Scots Acts, vol. i.); see also Bain, Gal., vol. i. 1685, and the Inquisitio Davidis-in the Glasgow Cartulary— where " Eeinal Muscane dd Mouswals a r witnessa s fa "s i o S d .itsel s i f concerned, the usually accepted derivation has been Mosswald, or wood on the moss (wald = weald, wood, forest, cf. Bosworth's Anglo-Saxon Dic- tionary). e tradition Th neighbourhooe th f so d still greaa tel k f o loa t forest which spread from Mouswald by Torthorwald as far as Tinwald Kirk at least, so dense that it is said a man might have traversed the distance from tree to tree without ever putting foot to ground. Entries firse . Recordth t Justiciare n MS -volumi th e f so th f eo y Court prove eth continued existenc f greaeo t e wooddistricth n t i sleasa t s lata s t a e 1504, when Eobert Anderson "in le banks de Mouswald" was fined twenty pounds for having destroyed the woods known as " silva de Mouswald." Another entry in the same volume is as follows :—" Jacobus mous prope lochmabane. In voluntate pro destruccione silvarum de lochmabane, bukrig, sleichrig, Eammirskalis et rowkellpark." Gavin Murray, a brother of the Laird of Cokpule, was bail for the offender. " Kowkel f courso l s "i e " Eockhall," where som treed eol s still remain. No doubt foreste t th i the,wely la n .ni l Again e "th forest, e d a Dalton" of the neighbouring parish can be traced far back in history. e r namenearlo th l l yal sAl already mentione f Saxoo e r ar Norsdno e origin certainld an , ye prevailin th thi s si g characte e place-nameth f o r s districte oth f . Traces, however , earlien exisa f o t r Celtic nomenclature, and there seems good reason to think one example may be found in the nama fiel f deo immediately adjoinin e ruineth g d towe f Mouswaldo r . The ground at this point rises into a ridge on which is a large stone, traditionally called e Drui"th d Stone," probabl ice-bornn ya e boulder, thoug s precishit determinede b e o charactet privata t n p ye O s e.ma ha r e estato th ffiele th ed bear e namth s f "eo Mallathum, "e b whic y hma referred to the Celtic " meall-na-tuam, " the "mound of the tomb." A 26 PROCEEDINGS OF TEE SOCIETY, DECEMBER 10, 1888.

curious corroboration of the probability of this theory has been obtained recently from Mr Charles Carruthers, born 1st October 1794, and, early in the century, tenant of Mouswald Place. In a letter from his daughter-in-law, dated Charlesfield, Annan, 26th June 1888 e sayssh , , apropos of an inquiry as to the stone and the discovery of beads in the field:— " othe o beade Thern th s rf so estonwa e havw eW fe eneaa . it r which wer efoun t o stonee stona a foun tw th n n di t r e ur a o ,d alse oon some distancgreea fiel wese a n th o n ndi t o knolet l wher planeo etw - tree scalles grew wa t tha da t i ; t tim eplantins Closegreenwa . C g a r M . hedge camd an , eaboun upofeeo ur e ttw nth belo surfacee wth bode th ; y had been burned; the ashes and charcoal were mixed in the urn; some of beade th s were meta somd an l e metae amberth t l bu ,one s wer muco es h corroded that on exposure to the air they went to pieces." There were also found " an old spear-head in the garden at the back of the house, "bronza e celt, several bottle stamps, a cannopar f o t n balld an , other objects, all of which Mr Carruthers has presented to the Museum. The family which history has most strongly connected in all ways with Mouswald is that of Carruthers. As early as the time of king Alexande . (1215-45II r e finw )d William Carruther f thao k sIl t mentione havins da g mad edonatioa tho nt e abbe f Newbotleyo ; while again, in 1296, Simon Carruthers, parson of Middlebie, is found amongst those who swore fealty to king Edward I. of England (Historical MSS, Commission, h Eeport6t , Appendix . 709)p , . Carruthers, from which the family take, or to which they gave, their name, is in the parish of Middlebie, though it was formerly a separate parish, and so remained until 1609, when, with Pennersax, it was united to Middlebie. Various conjectures have bee e derivationth e madworo t th s df a eno " Carruthers, s pretti t i yt certaibu " ratny origie th ean tha s t ni a t Celtic—" Caer-" " Eythyri sr " o " Kuderis. " Much careful inquiry leads to the opinion that the meaning is " The Fort of Eydderch," for followine th g reasons:—Rydderch f TudwalHaelo n ,so , kin f Cumbriago , e e greavictoth th n ts i rbattl wa f Arderryo e d (now identifies a d Arthuret, near Carlisle s ) opponen A.D3 foughHi 57 . n i t t Gwendoleu wa s principa hi killed d an , l stronghold " Caer-Gwendoleu (now Car- winlow) was captured. It seems a highly probable suggestion that a BAEONE TH 7 MOUSWALF 2 YBARONSO S IT D .DAN

fort called aftee conqueroth r r should als e founob d nea e scenth r f eo e battle mileth w Carrutherd fe s,an a distant t bu s si . Adamnan (Lifef o St Golumba, book i. cap. 8) styles Rydderch " King Roderc.'' The saint was born in 520, and died in 597; whilst his biographer, born in 624, die s writin704n i d wa a battlthao s ,f e go h t e which took place little more than fifty years before his own birth. From "Caer-Rydderch," the early forms of spelling, such as " Carruderis," " Carutheris," " Carrothir, fortho s almosy d naturally ma , an "sa e e leat th on d o t y modern name. Rydderch however, or to modernise it Roderic, was a t uncommono n name among Cumbrian Britonsr Cochran-PatricM d an , k has kindly supplie referencda "o t e Clorydderch, e paris far"th a mn hi of Lochwinnoch, Ayrshire. On the ground is a large standing stone, once the centre of a circle, which is undoubtedly the " Clo." The place is styled in the Cartulary of Paisley (Maitland Club, p. 14),"Clogh- rodric," or the stone of Roderic. Compare in this connection the name Linton-Roderick in Peeblesshire, called also Linton-Rotherikis in the possessive form (ftobertsoris Index). Bain mention sthirteent e thatth n ,i h century e familth , f Carrutheryo s were steward f Annandalso e undee th r Braces d thaan ,t they were also keeper f Trailtroo s w Preceptoryd an , guardians of the "Old Kirk Ford" of Hoddam, &c. Turning, however, from these inquiries to the district of Mouswald it- self, we find that, under King Edward I,, in 1303, and perhaps previously under the Bruces as lords of Annandale, a provost was the proper officer who rendere accountse th d reference e Th thesn i . e ear s terms :—. "3s 6d. from the provostry of Mosefald," and again at Martinmas 1303, the rent "of Mosefald 13J qrs. oatmeal over and above the 3s. 6d. money rent" (Calendar of Documents relating Scotland,o t . 426)volp . ii . . From a further entry, on the following page, we learn that even in those early day f s Wallacoppressorso hi d an e s there existe t dMouswala milla d . bushel5 s "2qr pec1 s bushel5 ks oatmeaqr pec1 2 s d k an lmal t oats, e faro th f Mosefalm o d Mill." These provostries f whico , hconsidera - able numbe enumeratee b n ca r Annandalen di thoughte ,ar seemingld ,an y on well-founded grounds, to indicate the existence in the south of Scotlan Englise th f do h village system, wit provose hth f o heas n a t dma noticee e communityb th y dma incidentallyt I . , that this paymenf o t 8 2 PROCEEDING SOCIETYE TH F O S , DECEMBE , 188810 R .

ren y produceb t e systeth , f m"o r fermes,lonfo gs centuriewa " s a marked featur f Scottiseo h agriculture. There is no doubt that the family of Carruthers supported King Rober e Bruce th t d thaan , t they were rewarded accordinglyr o n I . abou e yeath t r 1320 e Carrutherth , s were distinctly connected with Mouswald, destined ere long to become their principal seat; for King Robert granted a charter in favour of Thomas, son of John of Carruthers, of the whole lands of " Mussald " and " Apiltretwayt," with pertinents. " Robertus, &c., Sciati s dedissno s o concessiss presentc ha t e e ! carta nostra confirmasse Thome clerico filio Johannis de Carutherys omnes terra e Mussale d Apiltretwaysd t e d pertinenciim cu t s ..... Reddendo inde annuatim nobi t heredibue s s nostris prefatus Thomas et heredes sui," &c. (Beg. Mag. Sig., -vol. i. p. 18). The Justiciary Records of 1504 incidentally mention " Apiltrequhat." The fidelity of Thomas " the clerk" of Carruthers to the House of Bruce, doet see no so mhav t e e troubloustooth e tes f th do t s days following on the death of King Egbert, for in 1334 we find him taking office under Edward III., whose dee f appointmendo t date t Yorda k runs thus :—" Sciatis quod constituimtis dilectum nostrum Thomam le Clerk de Carrothres receptorem exituum castri poli et terrarum de Loghmaban ac Vallis Anandie quamdui nobis placuerit," &c. Similarly he was appointed to "officium cancellarie nostre de Loghmaban ac Vallis Anandie," with charge of the seal (Rot. So., vol. i. p. 263). Another charte s i alsor stated (Bobertson'so t ) 93 Index, . p have been granted " Thome Clerico filio Johannis de Carutheris medie- tatem totius terre que fuit Eoberti de Applynden in valle Anandie, ratione Joanne spouse sue." Evidently this lady was heiress of Applyn- noticee b y dma denincidentallt I . y that this prefix " Applet no s i " seldom found amongst the place-names on both sides of the Western Borders. Thu have sw e Applegart Applebyd han grear woula e no , b tt di stretch of fancy to credit these districts with numerous orchards in these days. It may be that Thomas "le Clerc," the first Laird of Mouswald of the Carruthers stock, merely bent a t afte l tno al beforrs storme wa th ed an , heart a traitor; but at any rate his brothers stood firm, and one of them, THE BAEONY OF MOUSWALD AND ITS BARONS. 29

William, is mentioned by name as a brave supporter of the national cause in the reign of David II. Wyntoun speaks thus of him in 1335:— Quhill this thus gat tretyd was, Willam Carrothyrif eof s ras, With hys brethir, that war manly, And gat till him a oumpany, That as schawaldouris war wa[l]kand In till the vale off Anand. —Oronyhil . viiibk , . cap. 29,1. 4361. Libere Th Pluscardensis (bk . cap) alsix . 31 .o same referth eo t sman . " Crescente igitur rumore arridentis fortunas, quidam benevolus ejus qui diu in abditis latitando cum fratribus in valle Anande nuncquam ad regis Angliae fidem flecti poterat, audiens hoc, congregatis amicis et benevolis [ejus] ad dictum Robertum Stewart accessit, nomine Willelmo de Carrutheris." In 1340 Sir Nigel de Karuthir of the same stock, and probably one brothere oth f f Williaso m mentione e chroniclerth y db , fille e higth d h offic f Chamberlaio e e Regenth o t n t (Exchequer Rolls, . 458 volpp . ,i . 462). Probably also Sir Nigel is the Chamberlain of Scotland, who is mentioned by Boece as having fallen in 1346 at the battle of Durham; l eventsal t a , after that date e Exchequeth , r Roll o longen s r beas hi r name. " William Carruthers of Mosswald" obtained a charter of the lands of Middlebie from Kin e 10tth g h n Davio Septembe . II d r 1351. e dateTh , however . Inventor MS e Queensberr e th s give i ,th f y o n i n y Chartere 21sth t n s i "Deca yeas , f David'o r10 . s reign, whics wa h 1349. e gifTh t " also include e "patronagth d e Churcth f f o o eh Middleby, then in the Crown by the forfeiture of Thomas de Lyndby, who had taken part with -the English" (Historical MSS. Commission, Reporth 6t , Appendix . 709)p , . Perhap t wai s s through these giftf o s patronage tha e manCarrutherso s tth f yo foune b ', namdto e amongsear t e Churchmeth e followinth f thid o n an s g century, but, whatevee th r cause e facth , t remains e Abbot th deeA f . f o dDunfermlyo s d an n Neubotl s addressedi e h Novembe7t n o , r 1351 o severat , l personf o s 0 3 PROCEEDING THF O SE SOCIETY, DECEMBE , 188810 R .

whom one is "Nigel de Carotherys," a canon of Glasgow (Cart, of Paisley, . 140)p . A few years later King David seems. himself to have visited Mous- wald; for10tn o , h December 1361 e ther,h e grante dchartea Joho rt n of Carruther lande f th one-halso l s al formerl f o f y belongin Joho gt f no Eafhols (Baffles) d lyinan , g withi tenemene nth f Mouswaldo t s wa t I . to be held on the usual conditions of service, and the " Great Seal of Annandale s appende e wa deed" th o .t d Robert Carruthers, lorf o d Mouswald witnessa s deee thun wa ,Th dra s. :— David Dei Gracia Rex Scottorum et Dominus Vallis Anandie omnibus probis hominibus tocius terre sue salutem Sciatis nos dedisse concessisse et hac present! carta nostra confirmasse dilect t fideloe i nostro Johann Carrotherie id s dimidiam partem omnium terrarum fuerune qu . t quondam Johanni Rafhole sd s jacentem infra tenementu Mousfale md vie z Qu dimidid a par extendie ss d a t quinquaginta solidos sterlingoru rnanun i t me s nostras devenit racione forisffac- ture Tenendam et habendam predictam dimidiam partem omnium terrarum predictarum cum omnimodis pertinenciis suis libertatibus commoditatibus et aysiamentis dictad ,a m dimidiam partem omnium terrarum dictarum spectanti- busquouiu se , s mod jure od e spectare valentibus dicto Johann Carrotherie id s et heredibus suis libere quiete bene integre honoriflce et in pace de nobis et heredibus nostri perpetuun i s m Faciendo inde annuatim dictus Johannet se heredes sui nobis et heredibus nostris servicium debitum et de jure consuetum In euros rei testimonium sigillum nostrum vallis predicte present! carte nostro jussimus apponi Apud Mousfald decim e mensiodi s Decembris anno regni nostri tricesimo tercio; hiis testibus Robert e Cond o y domin Newbe d o y Roberto de Carrotheris domino de Mousfald Willelmo de Creghtoun domino de Dryuesdal, Vmfrido Jardyn domin e Apilgarthd o , Johann e Jonestoud e n domino ejusdem [Johanjne de Dunwothy domino ejusdem, Johanne de Caldi- cotys domino de Hoton, Johanne . , . tho . . ra . . et multis aliis.

It will be noticed that this charter did not convey Raffles itself to John of Carruthers, but merely one-half of those lands lying within the Mouswald tenement, which had belonged to John of Rafhols. Indeed, more tha centurna y later " Raffulgil, doubo n " t representin e otheth g r portio f theso n e lands s e joineMouswalth wa , o t d d estates. This important charte f o 136r s practicall1wa e foundatioth ye th f o n Holmains branc Carruthere th f ho s family l probabilital . n i Joh s nwa y a brother of the Laird of Mouswald, and though the grant of Holmains THE BAfiONY OF MOT7SWALD AND ITS BARONS. 31

itself did not take place till 1425, it included these lands which seem to have been the first acquired by that family. The places where these old deeds profess to have been signed or sealed, as a general rule, were meanbyno s necessaril actuathe y l place formaof s l execution; but,in this ease, there seems some good reaso o thint n k that King David t Mouswaldhimsela s wa f , becaus e witnesseth el al e e founb ar s o t d person immediate f th notso n ei e neighbourhood. Beside e Lairth s f do Mouswald, we find Eobert Corry of Newby, William Crichton of Dryfesdale, Humphry Jardine of Apilgarth, with John Johnstone of that Ilk, and John Dinwoodie of that Ilk, while, in the mutilated e endwor th e e adjoininnamt dth ,a th f eo g stronghol f Torthorwaldo d may probably have been written (Historical MSS. Commission, 6th Keport, Appendix, p. 709).

Fig . Sea1 . Georgf o l Dunbare ed , Ear Marchf o l .

e existencTh distinca f o e t distric f Annandaleo t , with well-defined limits, may be traced back to the earliest times, though the origin of the name has never been ascertained. It is interesting to notice the referenc separata o t e e sear thifo ls e Annavalleth f yo n (Annandale). e existenc Th e sea th s furthei lf o e r atteste a charte y b d r granten i d 32 PROCEEDINGS OF THE SOCIETY, DECEMBER 10, 1888.

1375 by George de Dunbar "comes marchie dominus vallis Anandie et Mannie o Eoget " f Carrutherio r e fouth r f o pouns d lan n Littli d e Dalton (vill"n i Parue ad o Daltou neighd "),an t merk lan Holmainn di s (" Holmendy sfort d "),an y shilling lan Fourtee.n-acre-bann di k (" Forten- akerbank "), whic previousld ha h y belonge "o dt Robertu e Lawadarsd e de Vrqward Miles" (Robert Lauder), and to "Hugo the Larde," but had been forfeite y theme conveyancb d Th . o Eoget e f Carruthero r - in s cludes also the advowson of the church of Little Dalton, "una cum advocatione ecclesi parue d e o Daltoun,' s e CastlEarlhi th t f a d , eo an 1 Dunbar, (" sigillum nostrum vallis Anandie apponi fecimus") adhibits his seal of Annandale (Historical MSS. Commission, 6th Report, Appen- dix . 710)p , . On 17th January 1370-1, "Johanne Caruthrise sd , rector ecclesie.de Revel de Scotia," had a permit from Edward III. to go to Oxford to stud t thaya e samtth universitt e a yearso tim d tw er an , fo ysimila r permission was accorded to several other ecclesiastics (Rot. Sc., i. 942). One " Simo e Carrutheris,d n e firs"th ts perhapwa e samo th s wh e Laird of Mouswald bearing that name, witnessed a deed on 17th Sept. 1394 (Cart, of Paisley, p. 108). "Joh f Carruthirno n 139si s f mentione"thosi o o e 8wh e on s a d became responsibl e Ear th f Douglaso r - l fo e s wardea e ,Wes th f o tn Marches e occasioTh meetina thas . f wa o nt f certaio g n Scottisd an h English commissioners at " Cloekmabane Stano," in the parish of Gretna (Fosdera, . 1727 vol ed d Gal. , . an viii;58 . o.p f Docs, relating Scotland,o t vol. iv. No. 512). Archibald, Earl of Douglas, Lord of Annandale and Galloway, appears o havt ehabie beeth makinf o n tni g considerable grant s f lanhi o s o dt intervae esquiresth n i r l fo betwee, n 140 d 142an 9 4 Gilbert Grierson (Greresoun) themf o e , on ,-receive d " Mekildaltou Dorrnontnd "an ; whilst in the case of Mouswald the feudal ties between the Carruthers family wern eow anstrengthenes dhi leso n s y thad b grant x nsi landsf so , " con- taining together the several lands here following, viz., those of Mousewal, Middleby d Dornockan , , wite patronagth h f theso e e three parish churches, and the lands of Hetland-hill, Logan-tenement, Hodholm, Tunyrgarth, Westwood, and Roclef, all held of the granter, and rendering THE BAKON F MOUSWAL3 YO 3 S BARONSIT D DAN .

as follows :—for Mousewal, Hetland-hill, and Logan-tenement three silver pennies yearly ' nomine albae firme,' in the parish church of rese Moussaldservicee th tth r fo sd usewont.,an d dan " Date Loucht da - mabene, Dec. 4, 1411 (Original produced in LOG. of Mo/at, 1852). It has been surmised that the recumbent effigy of "Sir Simon" Carruthers, still existing in the churchyard of Mouswald, represents this " esquire " Eare o th f Douglasf o l t musi t tbu , probabl referree yb muca o dt h later f thidate—thao se baronia lason e r last th o t f bu t to l family statue Th e. is in red sandstone, the head resting upon a double pillow tasselled at cornerse th e figurarmourn i Th s i e.gir d an t, wit swordha hande th , s e breasbeinth d placen go an t d togethe n attituda n i r f supplicationeo ; but the whole figure has suffered most seriously from exposvire and neglect. Formerl insids churche wa eyt th i witeffigd n a ,an t hi y alsf oo e baron'th r monumenshe wife t bu , t bein f lighteo g r colour s disha , - appeared, being utilised for flagstone polishing by the villagers! A churchman, named Wigel Carruthers, in 1419 had a safe conduct through England and France, as chaplain of Thomas Morvve, abbot of Paisley (Gal. of Docs, relating to Scotland, vol. iv. No. 891). On the h Feb8t . 1425 Archibald, Ear f Douglao l s (Come e Douglad s e d t e s Longavile,dominus Galvidie et Vallis Anandie), granted at Lochmaben Castle a charter to John of Carruthers, who was pretty certainly the son or grandson of the grantee in the charter of 1361 already mentioned, confoundee b musd t an no t d with Joh f Mouswaldno , captai Lochf no - maben Castle. thesn chartee i Eare s Th th e wa f lterm o r s :— Omne t singulae s s terras nostra e Holmiendisd s e Parud , a Daltone d , Raf[hol], [de Ple]wlandis, de Auldtoun, de Copwood, de dimedietate de Bengal- Mi Egilfechanee d , Fourteneakirbanke d , e Newlandis[d , duabue d ] s marcatis Crefn i e jacentibus marcata un e ,d Glaisterisjacente n ai dimediatate ,d e v[ille ed Perisby cum] pertinenciis, necno duabue nd s terris husbandii saltcota un m escu in Eevele jacente, et de decem solidatis terrarum cum p[ertinenciis] Kirkstile jacentibus in parochia de Revele predicta. The seal of the regality of the Lordship of Annandale was affixed: " Sigillum nostrum regalitatis dominii nostri Vallis Anandie." The blanks, in the portion of this charter now given, have been filled in from a later part of the same deed, which enables this to be VOL. XXIII. C 4 3 PROCEEDING SOCIETYE TH F SO , DECEMBE , 1888R10 .

done with tolerable certainty s regardA .e placeth s s mentionede w , are still familiar with the names of Holmains, Baffles, Plewlands, Bengalhill, Fourteenacrebank, and Ecclefechan. The last, it may be, observed, showse earlth yn i , spellin f thigo s deed, clear evidences it f o

. Seal3 d ArchibaldFigsf so an 2 . , fourth Ear Douglasf o s wifl e Princesshi eth d an , , Margaret Stewart. Charte Aprih 9t kine f lro th 1425dy permissio[B . e th f no Ear Homef o l , throug r "WhSi . Eraser, K.C.B.] derivatio meaningd nan , " Churc t Fechan.S f commoe ho Th " n modern way of pronouncing Ruth-well is " Rivel," which preserves the ancient form " Eevel churchyard e ol memory "o t e th Kirkstilf d do an , bees eha n the quarry whence came certain ancient carved tombstones now to be BARONE TH 5 MOUSWALF 3 YBARONSO S IT D .DAN

seen, inappropriately enough, built inte externaoth e Frel th wal ef o l Churc t hMouna parisheto ELedar tw bordere e th f Mouswalth n s o , o f so d and Euthwell. Surnames, to a large extent, first arose in Scotland from the ownership of property; at least it is certain that the proprietors at first were known by the names of their lands, with only a Christian name prefixed, such as John of Carruthers, William of Cuninghame, &c. The well-known Lochar Moss, of which a considerable part is in Mouswald parish, seems oddly enougtime havon o et t a he give namna a family o et r Kinfo ; g James L, on 3rd January 1426, confirmed a charter granted by Archibald, Earl of Douglas, on 10th May 1419, to Michael Ramsay of Bammerscales and Greenlands (" Eamarskalis and Greenlandis "), to him and Christian spouss lande hi th f " o f s Harthuae o t jacentes infra forestam suae md Daltou t dominiuno m nostrum vallis Anandie supradictu quidee mqu m terre alias in manibus fuerunt Kogeri de Lochirmos." One of the witnesse leso n personagsa s swa e than Rober f Laudero t , justiciar south of the Forth. Who this Eoger of Lochar Moss may have been it is not now possible to learn, but there is some reason to think, from the ex- pression "n manibus,i vera t y " no lande goo tha s th s titl dshi wa to t e one. Eobertus de Loghirmosse is mentioned (Rot, So., i. 960) as having a permit from Edwar probabls d same wa III th e ef H y.o family t bu , at any rate was a merchant of some position, as his permit includes also servants. Dalton reference t seemsi ,foresta th s d wa an ,, e also gives su Eammerscale namd ol n thai n e a ts sa parish t I becam. properte eth y obranc a fCarruthere th f ho s stoc laten ki r days. In July 1429 " Sym of Carruthers," probably a brother of John, was commissioner for the West Marches (Gal. Docs, relating to Scotland, . 404-5)p documenvole . iv .Th "indenturn . a s i t e mad t Hawdensea - tank," between certain Eoyal Commissioners for Scotland and England respectively. Again, in 1436, a payment was made to Sir Laurence Carruthers chaplais a , Masteo nt r John Gra t Brugesya r LaurenceSi . , who no doubt was of the Mouswald family, seems to have been a church- f somo n e ma influence e occasioth s a f , Gray'o n s visi o Bruget t s i s otherwise known to have been certain important diplomatic negotiations (Exchequer Bolls, vol. iv. p. 676). 36 PROCEEDINGS OF THE SOCIETY, DECEMBER 10, 1888.

On 10th September 1438, a charter was granted to John Carruthers of Mouswald by Archibald, Earl of Douglas (MS. Inventory). The same John Carruthers, on 31st May 1439, obtained a charter from John Halliday of Hoddom. I am inclined to think that probably the name Hallidayhill, still preserved in Dalton parish, and, until recently, a part of Hoddom estate, is derived from this family, the Hallidays of Hoddom. John Carruther f Mouswaldo s , however n importana s wa , t personage d figurean n histori s s captaia y r keepeo n f Lochmabeo r n Castle, " Capitaneus castri de Louchmabane," in 1446. Payments were made repeatedlm hi o t than yi t capacity (Exchequer Bolls, . cvii d volpp an i. .v 284, 521). The mother of John Carruthers was Elizabeth Dinwoody, who describes herself as the widow of " Andrew de Carruthers of Mousewal," in a grant which she made to her son, with the king's licence purposee foth r . These both still exist, bearing dates 20th Januard yan h Marc7t h 1446. There is also still extan lady'e th t s resignatioo nt the Crown, and the consequent charter to her son of the lands of Howthat (Houtquhat), Stanneries (Staneras), and Wamphray (Wamfra), e servicefoth r s usewontd an d . These Wamphrae th y n landi e li s Dinwoodie district d see an ,o mhav t e lady'e comth s sa e dowere Th . charter and seisin, proceeding on the .grant and licence, are dated 6th and 30th April 1449 (MS. Inventory). "John Carrutheri e Muswalded s s mentionei " n n 1447i i d d an , 1452 he is styled " de Mousfald." In this same year "Simon de Carutheris," doubtless a relative, obtained sasine of the lands of " Severig, Seariggw no "e estat th a far f ,Denbie n o emo , still owned ba family f Carrutherso y , Ther a curiou s i e s e Eecordentrth n yi s e Couroth f f Justiciaro t y (MS. Justiciary Records), under date 1504, in these terms :—" Dominus de Seifriggis presentavit Willelmum Murray sectatorem pro terris suis de saifrigis et juravit." The name of the place is very like " Severig," and the probability of the refer- ence beina Carruthers o t g s lairdit , s greatli , y increase e facth t y db that the lands of the Murrays (Earls of Mansfield) to this day adjoin the Searigg farm. King James II., by charter also, in 1452, gave and confirmed to John Carruthers de Moussald, "All and whole the lands of Moussald, Logane Tenement, Medilby, Drounok, Ellirbek, THE BARON F MOUSWAL7 3 O Y S BAEONSIT D DAN .

Haitlandhill, Cummertreis, Hoddome, Ttinyrgarth, Hallathis, Cullyn- gand, Houtquhat, Staneras, and Wamfra, with the mills, rights of patronage d othean , r pertinents e stewartrl lyinth al , n i g f Annanyo - dald sheriffdoan e f Dumfries.o m e quequideTh " m bears that these land d belonge ha se sai th do t dJoh n heritably d weran , e resigney b d y thi b e e king handso th th hi charte f wh n ,mo i s r erected them into e Baronth f "o y Camyeris, " Augus , 145220 t . (Original producen di Lot. of Mo/at, 1852.) t I wile observeb l d that o mentiothern e land th s f i eo f so n " Carruthers " prope thiin r s deed, and poin,in factof t , frovermthe y outset the barony seems to have been styled indiscriminately " of Carruther f d "Mouswald.so "an yearo Tw s " later 1454n ,i Castle ,th Lochmabenf eo , theo ns importan a strongholdt e s sonseizeth wa ,s y db of the Laird of Johnston, owing to the treachery oa porterf . John Carruthers Keepere th , s wa , capture d imprisonedan d d froan ,m this date the accounts no longer bear his name as recipient of the official salary of £40 a year (Asloan MS., pp. 17 and 25). Moreover, the weakness or the indulgence of the Crown is shown in the fact, thae Johnstonth t s wer Davir e Si allowef do . Lindsa t onlMS no dy y to retain possession but even to draw the salary. of the Mount>1542> History does not reveal the fate of the first Baron of Mouswald, but it seems likelye tha th eithe e deatho h tn t i t r r pu diefo , s prison di wa r no same year in which Lochmaben Castle was betrayed, there was " a seisin of the Barony of Mousewal in general granted to Archibald Carruthers of Mousewal, pursuant to a precept from the Crown, and another precept of Lord Maxwel s Stewara l f Annandaleo t , Nov , 145418 . " (MS. Inventory). Notlease th t interesting featurhistore th n ei f Mouswal yo d and its Lairds is the very gradual process by which the barony was acquired. The importance of the Carruthers family had gradually increased with their enlarged estates; but in some way the oldest portion e familoth f y possessions, Carruthers itself, seem o havt s e passed into other hands at a very early period. How or when this happened it is 38 PROCEEDINGS OF THE SOCIETY, DECEMBER 10, 1888.

not now possible to ascertain, but a reference to the lands bearing the .olde re baronnamth f o ey .occurs n i 1464 , whe r JohSi n n Carlile (Caerlele), afterwards Lord Carlil f Torthorwaldeo , obtaine e wardth f do lande th Dryfesdalf so Carrutherd ean s (Exchequer Rolls, . 280)volp . .vi . An incident which occurred in 1466 conveys some idea of the diffi- cultie d dangersan f travellino s e loweth n rgi portioe paristh f f hno o Mouswald near the River Lochar. John Maxwell, steward of Annandale, in his accounts for that year, refers to the death of Thomas of Murray, who was drowned in the Lochar Water by his horse :—" Thomas de Moravia submersus in aqua de Lochir per eundem equum" (Exchequer Rolls, vol. vii . 309).probabls p i t I Murraye . th f eo thae s ton this swa of Cokpule, in the parish of Ruthwell, a place close to where the Willow Burn enters the Solway, and near also to Comlongan Castle. In the sixteenth century the Murrays became allied by marriage to the Lairds of Mouswald. instrumenn A f sasineo t , dated 22nd January 1468, still existss i t i ; favoun i Alexandef o r r " Caruderis, f Alexandeo n "so r Caruderise th n i , land Glengapf so Gerartgild pan l (Garragill) lordshie th n ,i Wamphraf po y and stewartry of Annandale ( Warrender Royal Chartws). In this same year William Earh f 8t Douglas, o l e th , assemblef o e chien th me l f al d Border at Lincluden to revise the Border laws, and from the minutes of this conventio t ni appear s that Pantath-Hill, par f Mouswalo t d barony, statione th f o t whicwasa e son h 'beacons kepte werb o .et " Thair sail ane Baill be brynt on Trailtrow Hill, aneuther on the Panthat-Hill," &c. (Riddell's MSS.,-vo\. ii. p. 224). Among the Queensberry Charters is a tack, dated 27th February 1469, granted by Elizabeth Kidewood, Lady of Robertquhat (Robbiewhat f thoso ) e land o Gilberst t Carruthers (MS. Inventory), thoug lady'e hth s nam s giveei n elsewher "s ea Underwoo d " (Warrender Royal Charters); and the Cartulary of Paisley supplies us wit name hth "Dominuf eo s Johanni Mousfale sd d vicariu Kilmaurs,e sd " one of the witnesses to a deed executed on 1st December 1469. In all these instances the locality of the lands seems to indicate a con- nection with the family of Mouswald, and the dates in the case of Gilber Johd tan n rather poin theio t t r having been brother Archibaldf so , the Laird, between 1454 and 1484. THE BAEON MOUSWALF 9 Y3 O S BARONSIT D DAN .

Archibald Carmther f Mouswalso d appear litigana s sa pursuerd an t , n actioa n i n raise d decidean d n 1471y 13to d hMa , against Thomas Corry of " Neuby." The question at issue was the taking of the customs and tolls of Annandale, and " foggage " of " Wodcokare " was claimed by both tack and gift of the Duke of Albany. Carruthers obtained a judgment of the Lords Auditors in his favour by virtue of his tack, the tac o Corrkt y bein gbeed declareha n availo t i n mad s f a d,o e through " Eobert umquhile Lord Boyd" (Acta Auditorum, p. 13). The disgrace and overthrow of the Boyds may have had not a little to do with this decision. " Woodcockeyre," a name at least as old as the twelfth century, vera s i y beautiful portio f Hoddono m s estatefoggagit d probs an , wa e - ably of value in those days, especially to Newby, whose lands lay on the low ground close to the Solway. It is also said to have afforded summer pasture to the horses of the garrison of Lochmaben Castle. Marcd On3r h 1471, ther s recordei e e n instancactioa dth t na f o e Symon Carruthers against John Maxwell, stewar f Annandaleo d r fo , various outrage 'offenced san s agains t s curioui him t I .fino st d amongst e offenderth name th sf Joho e n wel y Eorisonlma havo ewh , been a n immediate ancestor of one who, nigh a century later, married one of the heiresse f Mouswalso d (Ada Auditorum, . 22)p . Symon Carruthers here mentioned was perhaps the nephew of Archibald, lair Mouswaldf nepheda o s d knowi ha t f i thaw o r e nh tfo , Aprih 5t name n l O 1476. , Alexander, Duk f Albanyeo , Ear f Marcho l , Lor f Annandaldo Mand ean , High Admira f Scotlando l "Warded an , f no e EasWesd th an t t Marches, grante t Lochmabea d n (" apud castrum nostrum de Lochmabane") a charter of " Holmendis" (Holmains), " Litill Daltoune," and " lie Fourtenacris " (Fourteenacrebank) to " John Carrutheris, ann "dso hei Johf o r Holmainsf o n thio T s . deed various witnesses appended their names, and amongst them Archibald Carruthers of Mouswald (" Archibaldus Carruderi e Moswaldd s ed Cuthber "an ) t Murra Cokpulf yo e (Cuthbertu Moravie sd Cokpule)e ad probabls i t I . e that the latter was the brother of that Thomas whose death by drowning alreads ha y been mentioned t I coul. d scarcelo y havwh n e so bee s nhi was drowned a dee r gives di fo , Eiddely b n l (MSS., vol. ii.) whicn i , h mention is made of " Thomas of Murraye, son and appearande ayr to 40 PROCEEDINGS OF THE SOCIETY, DECEMBER 10, 1888.

Cutlibert Murra f Cockpool,o y f Charleo s wela " s d Cuthberta l an s , younger e datsons s 1487Th i e . n 12tO . h March 1478, John, Lord Carlile of Torthorwald, is found claiming from Archibald Carruthers of Mouswal 0 sterlind£2 Roberr gfo t Simson Englishmann ,a 15tn o hd an ; May 1478, [Sir] William " Carruderis, capellaneus," is found witnessing deea d (Cart, of Paisley, . 161p a Auditorum, Ad ; . 72)p . Archibald Carruthers n 13to , h Octobe e samr th 1479 t ea timd ,an e James, his brother, and Symon, his brother's son, are mentioned (Ada Auditorum, thin i . 86) p sd yeaan ; r (1479 t anotheye ) r churchman occurs," Roger Carrutheris vicariu e Drumfresd s " (Acts, vol . 127)ii . . knoe w wm Ofrohi f m e giverotheth f f ro s o sourcee on s s wa tha e h t the church plate of that town. It is interesting to note that Cuthbert Murray of Cokpule, whose daughter subsequently married the Baron of Mouswald, was summoned to the Scottish Parliament in 1481 (Acts, vol. ii. 132a). Archibald Carruther 1483n i w agais la , s wa t n fora 27tn o , h February in that year, there is recorded an action at his instance against Robert Crichto f Sanquharo n , sherif f Dumfrieso f Edward an , d Crichtons hi , depute. The point at issue was the alleged bastardy of " Henry Carruthers, son of the late Symon Carruthers," but the Laird lost his s showwa causee o havnt h s ea , been remis n pursuini s n actioga f o n bastardy (Ada Auditorum, p. 135). These continued litigations, though possibly due to the innate pugnacity of Archibald, may more probably be explaine e facth t y thab d t undoubtedly ,e Earl witth fale f f so th ho l Douglas, the family of Mouswald had lost their great patrons. In those troubled times, to be without powerful friends was to become an object for plunder by neighbouring vultures watching ever for their prey, and t i haply went somewhat hard wit e Lairhth f Mouswalo d d untie h l contrived to ingratiate timself apparently with King James III., who granted 1484n s esquirei , hi o t , , Archibald Carruther f Mouswaldso d an , s heirs hi e landth , f Raffulgilo s , containin e "0 solid th auld2 g f o i extent," in the lordship of Annaridale, sheriffdom of Dumfries, on the resignation of Herbert Grymes. The deed runs thus :—" Rex concessit armigero suo Archibaldo Carrutheris de Mousfald et heredibus ejus terras de Raffulgil continentes 20 sol. antiqui extentus in dominio de THE BARON MOUSWALF 1 4 YO S BAEONS IT D DAN .

Ananderdale vie. Drumfreis, quas Herbertus Grymes resignavit" (Reg. Mag. Sig., i. p. 334). Thadditiow e possessionne th o n t e famil th importans f so ywa t from military as well as personal considerations. Its acquisition must have considerably tended towards the consolidation of the somewhat scattered portion e baronyth f so . Raffulgiknoww n o no s s Rafflesi s a ni l d an , e verth y border Mouswalf so d parish e remain Th towea . f stile o sar r l to be seen there, situated on the edge of a ravine, in what must have been naturally a strong position; and tradition maintains that, even before this period e toweth , f Raffleo r belonged ha se Carruthers th o dt , though therknowo n s ei n authorit o confiryt mt sucno s i viewa h t I . difficul o seet t ,places o froe tw scant mth r , o thaye e ruinth on t n i s walls must have been very thick, and several powerful arches remain to indicate a vaulted basement. The general outline shows that it was once a largish Border keep. t seemI faisa r inference tha 148y b tfamile 4th f Mouswalyo d ha d come to feel how important to them the possession of Raffles would be. s positioIt n gavminoe th t commanei f ro routee on f dso fro Marchee mth s into portion f Annandalee so hand th f hostiln o i s d ean , neighboura s route lay past it by which a raid could be made upon the strongholds t Mouswalda , Holmains d evean , n Torthorwald, wit e e landth hth f o s Carruthers family lying northwards of the " gill," not to speak of Hetland- hill and Pantath-hill, immediately flanking Raffles on either side, and " Severig, e familyhande th th f n so "i , name clos th t handf ea eo n I . " Raffulgil have w " ea Cumbria n termination clearly descriptive th f eo situatio placee th f no . Sinc fale f theieth o l r former patrons Earle th , s of Douglas, more than thirty years before, the house of Mouswald had been less prosperous t witbu , h this additio e goodf Raffleso nth d - an , will of James III., the tide seems to have turned once more in their favour. There is, in 1485, a reference to Simon Carruthers of Mouswald (Historical MSS. Commission, h Report6t , Appendix n . i 709)p , d an , 1487 [Sir] William Carruthers same doubo n th , f eo tfamily s rectowa , r of Dalton (Muniments f Glasgowo Univ., . 248)p vol e . musii .W . t conclude that Archibald Carruther f Mouswalso d died between 1484-5, 2 4 PEOCEEDING SOCIETYE TH F O S , DECEMBER 10, 1888.

both from the mention of Simon in the latter year, and from the fact tha e Lairth t f Mouswalo d t include no e summon s th dn wa i d f so forfeiture pronounced in 1488 against Cuthbert Murray of Cokpule, s immediathi e neighbour. Archibald seem havo t s e belongee th o t d king's party, amid the confusion and civil war of the closing years of James III.'s ill-fate beee h dnd reignha aliv d ean , afte e murdeth r f o r that monarch at Sauchieburn, he would surely have been included among those denounced as traitors (Acts, vol. ii. pp. 201-3-6). In 1492 the Exchequer Bolls giv esasina Simof eo n Carruther "n si Mousfald , Logain- tenement, Ruffulgil, Hatland Hillis, Middilby, Drounok, Holdoun, Dundevy, Kirktilhous, Westvoud," thus affordin enumeration a g e th f no various lands possessed by the family at that time (Exchequer Rolls, vol. x. p. 764). Inventore Th e Queensberrth f o y y Charters give instrumenn a s f o t sasine " in favour of Christopher Carruthers of Mousewald, upon a precep y Adab t m Kirkpatrick e landth r infeftinn si fo , thereim hi g n mentioned 149y , Ma 5datet ther ;h "bu 5t de seem reasonablo sn e doubt that this is an error, and that the name should have been Simon, for there was a Simon of Mousewald in 1485 and in 1492, and there is no doubt tha Laire tname Simoth th f 1498n ds i eo nwa s wil a ,show e b l n presently. sasine Th e fairlf 149b eo y y 5ma regarde e firsth e ts th a dste n o p path by which we approach the history of another important and interesting addition made to the baronial possessions of Mouswald at the ver yfifteente closth f eo h century. Thiacquisitiow sne n embraced both the Pennersex estate and that of Westkalis. e previouTh s transactio f 1495o n , between Adam Kirkpatricd an k the Baron of Mouswald, was followed by a grant of "Westkalis (in the parish of Gretna) "by Adam de Kirkpatrick of Pennersex, and his resignatio n favoui n f Simoo r e Carrutherd n f Mousewalo s , Jun5 1 e an, grantee 1498. title dth 20 f eTh o thin "ri s deed proceeded upona seisi Georgo nt e Kirkpatric Pennersef ko x " upo superioe granna th y b t r Corry of that Ilk, of the 5 mark land of Westkails, old extent, lying in the tenement of Corry," the seisin in question being dated 5th March 1454 (MS. Inventory). THE BAEON MOUSWALF 3 4 Y O S BARONSIT D DAN .

In the year 1499 Adam de Kirkpatrick disposed of his ancient family inheritance, and Pennersex, now known as Pennersaughs, was added to e baroniath l possession f Mouswaldso e followinTh . g brief abstracf o t titlee th thif so s estate, dowincorporatios it o nt n with tha Carruthersf o t , sufficiently illustrates the history of the lands:— 1. Grant (undated) " by William de Brus to Yvon de Kirkpatrick, of the land of Pennersex called Thorbeck, or Williamby, for military service seieighte zth h warlika par f o t r effectiveo e man." Upoy n thima t i s be remarked thae namth t e " Thorbeck " unite "o t sbeck e commo"th n Cumbrian word for stream " thor," whatever that may mean. Perhaps same th es i wort i d which appear equalle th n si y ancient name Torthor- wald. " Williamb doubo n s y t" wa derive d fro name owners mit th f eo , with the usual suffix " by," as seen in Lockerby, Middleby, Netherby, Canobie othed an , r places near. 2. Grant (undated) Kin y "b g Robert Bru Stepheo st Kirkpatricke nd , knight e , lan mild botth f dPennersexan f o l h o , then dependine th n go Lord of Annandale, by service according to use." The date probably was about 1320. 3. Grant by " Archibald, Earl of Doiiglas and Longueville, Lord of Gallowa d Annandaleyan s kinsmahi o t ,r ThomaSi n e Kirkpatrickd s , Lord of Closeburn, of the Patronage of the Parish Church of Pennersex e Lordshith n i f Annandaleo p homager fo , , fealt serviced yan , according lettero t s apart ther , 1428.5 e y referre"Ma , dto 4. Gran e samth t e"y b Earl, Duk Tourainf eo Francen ei o Georgt , e de Kirkpatrick, upon the resignation of his father, Sir Thomas, both of lande th patronagd san e before mentioned a serie o t , heirsf s o afte e on , r another, on failure of that George and his issue male, June 13, 1432." 5. and lastly, Grant " by Adam de Kirkpatrick of Pennersex, with two consequent resignations to the Crown and a precept of King James passinr fo . chartea gIV r accordingl n favouyi f Simoo r Carruthere nd s of Mouswald and his heirs, not only of the above patronage, but likewise lande oth f f Pennersexso , making 20 1.d extentol , , March Juld 19an y , 1493 9 " (MS. Inventory). Having thus trace e e Pennersaughhistorth th d f o y s additioo t n Mouswald barony, we may add that in 1501 the same Simon Carruthers 44 PROCEEDINGS OF THE SOCIETY, DECEMBER 10, 1888.

obtained from Walter Scott of Buccleuch a grant of the lands of Bobert- hill (Historical MSS. Commission, 6th Keport, Appendix, p. 709). Sir Simon Carruthers, as he is styled in the MS. Record of the Privy Seal (Advocates' Library), was foully murdered. From the Justiciary Records it appears that this crime was committed before the Circuit Court of Justiciary was held on 30th August 1504, at Dumfries y Andreb , w Lord Gray, justicia r e Forthsoute th f Th o h. recorded accoun f thao t t circuit commences formally thus :—" Curia Itineris Justiciarie domini nostri Kegis tenta et Inchoata apud burgum de Drumfreis die martis decimo tertio die mensis Augusti anno domini quin- gentesimo quarto coram nobili et potenti domino Andrea domino Gray Justiciario supremi domini nostri regis ex parte australi aque de forth generaliter constituto sectis vocatis curia affirmata absentes patebant," &c. One of the entries relating to what occurred during the sitting is as follows :—" David bel mydilbe ld e sepe vocatus Intrandud a m thomam bel le ed l brum subeundud ea m lege arto t mparte pr e crudelis inter- fectionis quondam Symonis Carutheris de Mouswald sub pena xl. li. et comparenn no n amerciamenti s o summe predict t predictue s Thomas denunciatur ad cornu Kegis et bona sua exhastantur regi." Another entry runs thus :—" Dominu e castelmylsd k sepe vocatu intrandud sa m thoman bell de curre ad subeundum. legem pro arte et parte crudelis interfectionis quondam domini Mouswald sub pena Ic H. et non comparens in amerciamento summe predicte et predictus Thomas denunciatur ad cornu" (MSS. Justiciary Records, vol. i.). These entries show that Thoma e Broos th Bel d Thomaf mo lan s Bel f Currio l e were accuse murdee e Lairth th f f dMouswaldf o do o r t appearinno t bu , o gt stand their trial, their sureties, David Bell of Myddleby, and Alexander Stewart, then lair f respectively Castlemilko dpa o t d yha , '£4d 0an £100 (Scots). It is also said that Stephen Johnston was accused. The names of those charged with the crime, and the localities with which the theid yan r sureties were connected, see e deepoinmo t th do t thavin g been don somn ei e quarrel connected wit e acquisitiohth r posssesiono n of Pennersex e e noticecrimth Th t thi.a f eo ss early date, when, unfortunately, such occurrences were but too common, point also to the conclusion that the circumstances were very aggravated. Both Bell of BARONE TH 5 MOUSWALF 4 YBARONSO S IT D .DAN

e Brooth d Bel mf Currian o l e were doubtless relatee Bellth f so o t d Myddleby. Castlemilk is also close to Pennersex, and Johnston was no doub greae scioa tth f tn o hous f thao e t name, which, some sixty years before, had imprisoned, if they did not actually bring about, the death of John Carruthers, captai f Lochmabeno n Castle faiA .r case seems thus to be made out for grounds of enmity exciting the persons accused e commissioth o t f theino r dreadful crime. In 1505 the name of James Carruthers occurs as a witness. It seems probable that this James is the same person mentioned in 1479 as a brother of Archibald, then laird of Mouswald (Act Parl., vol. ii. p. 265, and Acta Auditorum, p. 86). At this time the chief magistrate of Dumfries was styled " Aldermannus " and not " Prepositus " or Provost (Justiciary Records); but the change in the designation is seen in a curious notarial instrument touching the burgh and its jurisdiction, dated 31st July 1508, where Nicholas Macbrair chiee th , f magistrate styles i , d " Prepositu deede th pare f , o on twhils s n "i anothen i t r placee "th correctioun and punytioun of blude perteinis to the Alderman Bailzeis and Ouersmen of the said Burgh." In 1512 King James IV. granted a charter of Mouswald, Middlebie, &c., to " Simon, son of Simon Carruthers of Mouswald " (Historical MSS. Commission, 6th Eeport, Appendix, p. 709). No doubt the grantee was the son of the murdered laird. A curious name, " Branzane," occur ssixteente earlth n yi h centur connection i y n with Lochae th r Moss f whico , hlarga ee paris portioth n f Mouswaldi ho s ni . One Nicholas Lawson, " apud le redkirk," was charged before the Justiciar with being art and part in various thefts of horses and cows, "extra lochirmoss," his victims being Walter and Matthew Branzane and James " Nelesone. e BranzaneTh " e alsar so found during this century residin royae th n lgi burg f Dumfrieso h e theftTh f thos.o s e days wer t alwayno e s so readily capabl f proofeo , thoug a hconvictio n was obtained against Thoma se samSteilth t e a lcourt , e furtiv"d a captione unius apearii apium pertinentis Willelmo Jarding. name Th e" Jardin eremare leadth o st k a listhaf thosabouo n to i t ewh t this time became sureties for Patrick Grahame, the Justiciary Records supply the nameleadine th f so g familie Annandale th n si e district. Amongst those 6 4 PROCEEDING SOCIETYE TH F O S , DECEMBE , 188810 R .

enumerated are John, Lord Maxwell, Adam Johnston of that Ilk, John Jardine of Applegarth, John Murray of Cokpule, Alexander Stewart of Castlemilk, John Carruther f Holmainso s , Eobert Graha f Thornymo - heugh, Eobert Carruthers, probabl f "o y Myddilschaw, Thomad an " s Dinwoodi thaf eo k (MSS. Il t Justiciary Records, vol. i.). At this time, and indeed for a long period of history, nicknames were much used on the Border, as they are still in the "Western Highlands, in order to distinguish the various members of clans or septs all rejoicing in a common patronymic. Thus we find " Johannes Irwin vocatus 'duk'," and one Eae known as " red-hede," whilst another is designated " lang Jok." seem a ThiEa havo r st o s e famil beeEa f nyo numerously represente Dornockn i d o havt d e an ,bee n unde e patronagth r e th f eo hous f Mouswaldo e n i 150 s recordei r fo 4 t ;i " w Dominho d e d a Mouswald," probably Simon's widow, became leso suretn sr thayfo n four of them, viz., Eobert " Ea" called " Knewlta," another Eobert, f Thomao n "a so n dronokwood,i E se th Joh , nEa Thomad an " s called " hannay." Like other Borderers, the Eaes seem to have been trouble- some and contumacious, so that " indictati et non comparentes" is in most cases the sole record in answer to the proceedings of the criminal court against them. On the 8th of July 1516 King James V. (or those acting in his name) confirmed at Edinburgh, to Simon Carruthers of Mouswald and to Katherine Carlile, his wife, the seven merk lands of Dornock, one merk of Cummertrees, three of Howthat, four of Panthawat, five of Hetlandhill, and five of Cocket, extending in all to 25 merks of land in the stewartry of Annandale and sheriffdom of Dumfries, which Simon himself resigned :—" apud Edinburg Julh8 . Eex confirmavi. &c , t Simoni Carrutheri e Mowswald s t Katherine d e Carlile ejus spons mercatae7 s ten-aru e Dronomd mercatk1 Cummirtreie ad mercata3 s Howthuae sd t 4 mercatas de Panthawat 5 mercatas de Hatlandhill et 5 mercatas de Coket extenenda n integri 5 smercata 2 d a o s terraru n msenescallati u vallis de Ananderdale vicecomitatu Dumfris quas idem Simon person- aliter resignavit." Panthawat obviously is Pantath, now a farm on Hetland estate, in the parish of Mouswald, and adjacent to Baffles, which has already been THE BAEONY OF MOUSWALD AND ITS BAKONS. 47 e othereferreTh r . placeto de wel ar sl known still unde e samth r e names. On 14th November 1517, in a letter of procuratory addressed by Robert, Lord Maxwell, to King James V. and John, Duke of Albany (then Regent), we find "Symon Caruthers of Mouswald" and "Archibald Carutheris in Loganvodend" among the persons named as procurators for resigning int e king'oth s hands certain land n Annandalei s , called "Sorowsik d "Medilschaw,an " n favoui " f "Robero r t Carrutherf o s Medilschaw. wrie dates i Th tseale d " dan t "da Lochmabane. " This Robert Carruthers is mentioned in the Justiciary Records some thirteen years earlier s havina , g been suret r Williafo y m Carruthers, brother of the Laird of Mouswald, who was accused of being art and part " precogitate felonie facte Johanni diksone de Lochirwood veniente super eum sub noctis silentio " (Justiciary Records MS., vol. i.). n I 1535, Simon Carruther s fathe hi s hei o t rwa s r e Simoth n i n Mouswal de othe estatth d r epossessions'oan house th f e (Historical MSS. Commission, Reporth 6t , Appendix . 709)p , . e districe storth Th f o y t begin o increast s interes n i greae th s ta t baronial family of Carruthers runs out rapidly to its melancholy close. The main stem of the race was soon to come to an end, but some early branches, suc s thaa hf Holmainso t r mor,fo weret ye thao e tw n centuries to be connected with the neighbourhood. One of that family, " John Carruderi Holmendis,e d s witnesa s chartera "wa o st , dateh 4t d July 1537 y whic,b h Robert, Lord Maxwell, grante e landth df o s Arkiltoun, Ewesdale Niniao t , n Armstrong (Liddesdale Debatedblee th d an Land, Appendix, No. 28, p. xxxv). The Court Book of the burgh of Dumfries records, on 19th June 1537 disput,a e between "Schir" Mark Carruthers, parso f Mouswaldno , and a certain John Brown of Dumfries, probably one of the Carsluith family o whict , e well-knowth h n Gilbert Brown d othean , r abbots of New Abbey, are supposed to have belonged. The dispute arose concerning the gable rights of a house in the burgh. Sir [Mark] is again mentione 153n di 8 (Liber Coll. Nostri alss Domini). onotara wa e H y public, and numerous documents yet exist to attest his employment in that capacity thin I s. same year 1538, " apud Linlithqw Mar4 , x Re . 8 4 PROCEEDING SOCIETYE TH F O S , DECEMBE , 188810 R .

confirmavit cartam servitoris sui Symonis Carruderis de Mowswald qua prpecuniaruo opr amorec a . &c ,m summis sib "Willelmt e i o Litill burgensi de Edinburgh nomine suo persolutis concessit Agneti Murray filie Cuthberti Murray de Cokpule (in ejus virginitate et ante complementum matrimonii inter se et dictam Agnetam) in vitali redditu 10 libratas terrarum de Dronok antiqui extentus cum piscationibus earundem quibuscunqu mercae7 Mouswale d t d ant. ext. r Joh,pe . Eowle Halbertum Dicksoun Christopherum Carruderis Helenam Bobsoun relictam Thome Carruderis Joh Alansoun et Halbertum Alansoun occupatas, in senesc. Vallis Anandie vie Drumfries" (Reg. Mag. Sig., . 428. p vol . No ii ., 1922). t I wil noticee b l d that, amongs e tenantrth t y here mentioned, occur names still well represente e districtth n i d . Simon Carrutherd ha s succeede s fathedhi r Simon only about three years befor e datth f e o e this deed, and his marriage, like that of his father, was no doubt in some measure influence politia y db c regar futuro dt e contingencies, for, like the Carliles of Torthorwald, the Murrays of Cokpule were a family of note and position in the district. Keference has already been made to Cuthbert Murray e fathe,th f Agneso r e lasth , t Lad f Mouswalyo • e th f do ancien f greao tn t stock ma condoub o d thera n an s -,s i et wa tha e h t sideratio days hi .n ni The Lairds of Mouswald, however, had need of all the influence and power they could secure, for the house of Douglas had cast its eyes upon their fai saie rb dpossessionsy tha ma shadowe th t i d an y, outlina f eo coming doom can be read in " a Bond of Fealty, Service and Dependance" which n 28to , h January 1544, "was entered inty b o Eoryso f Bardannoco n n r favouJamei h Si f o sr Douglas Baroh 7t , f o n Drumlanrig (MS. Inventory, 940, Appendix, No. 5). This was no doubt Andrew Eorison Thoman whoo so ,t retoures s mhi swa d hei 1n ro Ot h July 1563. Not many years e existencwerth o past e er s f thieo s bond meane th f y whico sb Douglasee e th hon prove e b o dt s brought about the ruin of the Carruthers' family, and obtained for themselves almost l theial r estates. Simon Carruthers meanwhil s doin s wa ebeso t hi gn everi ty wa y strengthen his position, almost as if he anticipated some dangers in the THE BARONY OF MOUSWALD AND ITS BARONS. 49

immediate future. In 1544, two years after his kinsman John of Holmains had obtained a similar boon, Simon got from Queen Mary a new erection of parts of the older barony of Car- ruthers, together with various additional lands, into e freth e baron f Mouswaldyo e portionTh . s named were all and whole the 20 pound land of " auld extent" of Mouswald, Howthat, and Hetlandhill, with the tower, fortalice, mills, advocation and donatio e churcth f f Mouswaldo o nh 0 poun2 ; d and of " auld extent" of Logane Tenement, with mills 0 pound1 ; , "auld exten f Dornockt"o , with 5 Annj-j Carf o s -

fishings ; 40 solidi "auld extent" of Cummertreeg s ; ruthersofHolmains. , , , . . , , , ' Registered 1672. e maron k land in Stanneries 0 0 poun2 ; d lanf o dO A " auld extent" of Pennersaughs, with the right of presentation to .the church thereof mar5 ; k land " auld extent Westkalif "o s mar2 ; k land " auld extent Hoddomn "i mare on k; land " auld extent Holme th n "i s of Annan, called Blaeberrylands; hal mara f n Westwodei k , wite hth dependant e saith d l e stewartrlandal th f so n i s f Annandaleyo , which the Laird resigned for the purpose of obtaining the new grant of barony. The instrument of sasine following on this is dated 12th January 1544 (Oarrutherg Papers). The actual terms of the original deed are :—

Apud Edinburg 7 Dec2 h . Eegin . confirmavi&c a e novd t oe t dedit Symoni Carrutheris de Mouswald 20 libratas terramm antiqui extentus de Mouswald Howquhat et Haitlandhill cum turre, fortalicio, molendinis et advocatione ecclesi Mouswale ed d; vigint i libratas antiqui extentu Loganee sd - tenemen molendinism cu t 0 librata1 ; s antiqui extentu e Dronod s m cu k piscaria ; 40 solidos antiqui extentus de Cummertries; unam mercatam in lie Stanmereis 0 librata2 ; s antiqui extentus e Pennersad advocationm cu x e ecclesie ejusdem mercata5 ; s antiqui extentu e Westkalisd s 2 mercata; s antiqui extentus in Howdom ; unam mercatam antiqui extentus in lie Howmis de Anand (Blewberrylandis nuncupatis); dimediam mercatam in Westwode cum tenentibus &c. omnium dictarum terrarum in senegc. vallis Anandie quas idem Symon resignavit et quas regina incorporavit in liberam baroniam de Mouswald (Beg. Mag. Sig., vol. ii., No. 3041). e orde Th f successioo r e entailth n ni , which n viei , f subsequenwo t VOL. XXIII. D 0 5 PROCEEDING SOCIETYE TH F O S , DECEMBE , 188810 R .

events, became important firss s heir Symoo hi t wa t, sd malean n , whom failing, to his brothers successively John, "William, and Christopher, and their heirs male, whom failing to Archibald, his uncle, then to Archibald Carruther n Eoberthilli s brothers hi d an ,s Georg David ean d successively, the Joho t n n Carrufcher n Woodfooi s t (Wodfute), theo t n John Carruther Holmhean si d (Holmhed). With regarvarioue th o dt s places mentioned, Logan Tenemen eass i t t of Moffat, and is said to have come into the Carruthers family by way of vera 'gif t a yt earl yd towe ol period n r A stil. l e farmexistth n .o s Woodfoot is also within 2 or 3 miles of Moffat, to the south ; it now forms part of Lord Eollo's property. There is no doubt, of course, that " Dronok " is Dornock; and the reference to the fishings makes this quite cleare fishingAnnae Th th .f o ns wer t leasea t wort e troublth h f o e protection by this time, for as early as 1540 a charge of fishing "tempore prohibito, super aquae e foune Anandth b md n o i dt s i " records of the Justiciary Court held that year at Dumfries. Cummertrees, the " hollow " or " valley of trees/' is still the name of a neighbouring parish, in which lies " Stanneries " also. Pennersax, now Pennersaughs alreads ha , y been mentioned t belongI ducae . th o lst hous f Buccleucheo , having passe o thedt m through their Douglas titles d descentan . Westkalie paristh f n Gretnao i h s i s . .The Holmf o s Annan, called Blaeberry lands rivere e bank, th werth f n ,so o e opposit e Dormont littla t ebu , highe. up r t wilI observee b l d tha"e toweth fortalictd an r e f Mouswal"o e dar expressly named, although ther s i evere y reaso o believt n e thae th t tower, whose ruins still exist, is of a date considerably earlier than that of Simon's grant, seein lonw ho a ggperio d elapseha d d since first Mouswald had given a designation to its owners. It is also evident that a church existed at this date in the parish. No doubt, this was the building removed about 1815 and replaced by the now existing edifice. Mr Charles Carruthers in Charlesfield, near Annan, who was born towards the end of last century, remembers this old church, which is described as having been very small. In 1547 Lord Wharton took a list of " Gentlemen and Principall Headsmen of the West Marches of Scotland " who had made oath and THE BARON MOUSWALF 1 O Y5 S BARONS IT D AN D.

delivered pledges to serve the English sovereign, with the number of persons whom they would produce as following them appended to each name. In that list appears " Simon Carruders " in " Annerdell," with 71 men; while the towns of Dumfries and Annan have respectively 221 . Lor33 d d an Carlil f Torthorwaleo t dow r 101pu e Lairs fo ndi th , d of Applegarth for 242, and Carruthers of Holmains for 162, though there seems some doubthio t s a tlas t number evidens i t I . t a tha r fo t baron of the minor degree Simon Carruthers was a very powerful man, thouge nameb o f t courso dh t besidno e e those like Masteth e f o r Maxwell, who could muster 1000 men or more (Liddesdale and the Debateable Land, Appendix, Ixxiv). Ther s reasoi e o thint n k that Simon Carruthers was a knight, at least that is the inference from e Registerdeea th n n i di allusion a m hi o f o nt Retours, dated 1607 (vol. iv. folio 56). The last reference to Simon Carruthers seems to be in the Acts of the Scottish Parliament (Act. Parl., vol. 481)yeap e . th .ii r n ,i 1548, when, upo e 12tth n f hJuneo , both " Cairuther f Mouswaldo s s hi d an " kinsma f Holmhendi"o n s " (Holmains mentionede )ar e documenTh . t imperfectis thaso , t unfortunatel Christiaythe n nam botein h instances bees ha n lost t therbu , e seem reasoo n s doubo t n t that e Simoth s nwa person indicated. Thes Bordeo tw e r lairds, along with others, amongst whom figure " John Jardane of Apilgirth, Gawyne Johnstoun of Kirktoun, Johnstou f Cragoburno n , Cuthbert Irwi f Robgillo n d an , Cuthbert Johnsstoun of Lochirbe" (Lockerbie), were charged with " certain cryme tressouf o s lesd nean majeste." tolerabls i t I y certain that Simon Carruther f Mouswalso alives wa d , 12tn o t h iJunno f e 1548 t leasa , vera t y short time prio thao t r t date; and, on the other hand, he was obviously dead before 13th August 1548 on which date, at the Abbey of Hadingtoun, Queen Mary granted, by letter of gift, ward and marriage of his two daughters to Sir James Douglas of Drumlanrig, in the following terms:—" The warde of all lands, annual rents, &c., whilk pertenit to the deceased Simon Carruthers of Moussald nowd an , , throug s decease hi hCrowne hande th th f n i y so , b , reaso f wardno e wit l mailshal , fermis, &c., durin saie time th d gth f eo warde, together wit e marriag th haire r aireth o e f o se mail r fameleo l 52 PROCEEDINGS OF THE SOCIETY, DECEMBER 10, 1888.

quhatsumevir of the said lait Simon, that sail happin till succeid to him in his heretage, with all profifctis of the said marriage" (Original MS. produced in Loe. of Moffat, 1852, from the Queensberry Charter Chest). Ther accouno n s ei t extancause th manner f eo to f Simoro n Carruthers' death, but one circumstance strongly points to his having been killed in a Border raid by the " Thevis of the Marche," namely, that Lord Herries, in a report upon the state of the Marches thirty years later, to which reference will be made hereafter, includes the Laird of Mouswald among e baronth s slai n thini s way. This could scarcel othey an refe ro t r than Simon, seeing thar JameSi t s Douglas obtaineo wh , estatee th d , long survived the date of Lord Herries' report. Simon Carruthers left no son, and consequently, on his death, ques- tions aroso whethedaughtero t tw s e a s hi r s Jane Mariod an t n became coheiresses of the barony, or whether it passed under the entail of 1544 to the heir male, who is said at this time to have been John Car- ruther f Woodfooto s , f Williamprobablo n so h a y,8t brothee th f o r laird. Within the short space of four or five years, no less than seven of the series of heirs named in the entail had failed, some of them very probably having been killed in the raid in which Simon fell. John was himself dead before 1560. A lawsuit ensued, in which Douglas was ultimately successful, by bargainin smal a wit r m heir-malee gfo hsu lth probablo , "wh y coult dno carry on the contest, as appears from a subsequent deed." The entail e younwa t asideth sse d gan , ladies became coheiresse e landth f n so i s their father, though s eventa , s proved t i woul, d have been better fo r them to have lost the suit than won it. All the papers connected with this litigation seem to have perished. Meanwhile, the grasp of the Douglases was swiftly tightening upon the doomed race, and apparently they did not disdain to seek strength by gaining the help and service of other branches of the Carruthers family, for a bond of " fealty, service, and dependance" was entered into on August 15, 1550, by Carruthers of Holmains, to Sir James Douglas of Drumlanrig (MS. Inventory, Queensberry Charters, 940, Appendix, No. 5). THE BARONY OF MOUSWALD AND ITS BARONS. 53

In the same year, under date 20th April 1550, the following important entry occurRegistee th Prive n th si f yo r Council:— e quhil Th forsamekilly kda Lory m ds a Governou Lordid an r f Secreiso t Counsale are advertesit that the house of Mowswald is presentlie in the hands of Robert Lord Maxuell, nochtwithstanding it is perfitlie understand to thaim that James Dougla f Drumlanrigo s , Knychtware th do t donatous i , d an n i r marriagd an f Mouswaleo thairtliros he d dan w samyne rychth o t . Thairfor s devisii t d i ordainian t t thae saith td hous d plac an ef Moswal o e d salbe deliverit to the said Schir James Douglas, donatour foresaid, to be kepit be durinm hi e saityme th gdth f ewardo decernid an , ordainid an s s this present act and ordinance to be gud and sufficient discharge to the said Lord Maxwell tuiching the keping and delivering of the said house, siclik as the said Lord speciald ha e comman chargd dan e thairupoun (Beg. Priv. Gone., . 96)i . t wilI observee b l d tha thin i t s deebarone name th dth f s eo spelyi t in no less than three different ways. entre Th y seem shoo st w that, althoug Queen'e th n hi s name ward dan marriag beed ha en grante thy db o Regen t e DouglasesArrath o t n t ye , Lord Maxwell had obtained possession of the " house of Mouswald," and kept them out. His Caerlavrock possessions were much nearer the coveted barony than Drumlanrig, and no doubt he had taken advantage dispute oth f e betwee Jamer nSi s Dougla heir-malee th d san . Moreover, e Murrayth f Cokpuleo s e maternath , l relative e heiresseth f o sf o s Mouswald, were attache e Maxwelth o dt judgly interesty ma b ee w f i , e existencth bona f ef man-reno d o Cokpuly b t Loro et d Maxwel n 148li 7 (Riddell MSS., vol. i. p. 81), and Comlongan Castle, their residence, was quite near to Caerlavrock, lying, indeed, on the road between Mouswald and the great Border fortress. The power of the Laird of Drumlanrig, however, was daily increasing, an31sn o d t August 155 3a commissio issues wa Queeny b d n Marn yi favour JameSi f o rs Douglas, appointin "m "Wardeghi Justiciard nan f yo all the West Marches of Scotland;" while again, on 23rd October 1555, e obtaineh d anothe d similaan r r commission (MSS. Inventoryf o Queensberry Charters, 940, Appendix, 5). In this family were thus vested power lifdeatof sand e h ove a districr t where already they possessed great domains. [Sir] Mark Carruthers still continued at this date to be Rector of 54 PROCEEDINGS OF THE SOCIETY, DECEMBER 10, 1888.

Mouswald s namhi r e fo ,occur than si t capacit witnesa s ya chartea o st r of certain land Holywoodn si , grante Thomasy db , perpetual commendator of Holywood s conventit d an ,n favoui , f Robero r t Maxwel f Cowhilo l l d Elizabethan s spoushi , e (Beg. Mag. Sig., vol. iii . 441.p . 1773),No . [Sir] Mark was the last pre-Reiformation holder of the benefice, and connected with the Lairds of Mouswald, though from a reference n 157i 5o Joht n Carruther f Drumillaneso , Newabbey, "brother'n so s of Schir Marc Carruthers, parson of Mouswald," he must have be- longe thao dt t brance familyth f ho , whose tenur f Drumillaneo e lasted far into the eighteenth century. [Sir] Mark was dead before 1580. - Meanwhil youno tw ge eheiresseth Mouswalf so d were not t a leasa , r fo t time, without friend thein o s r mother's sid looo et k after their interests, as will be seen hereafter. Charles Murray of Cokpule, their maternal uncle, was a man who took an active part in local affairs. His name appears as one of the sureties for certain persons who on 14th May 1557 " foun e nexd th cautio t a air f Dumfrieo underlw o et n la e r th yfo s abiding from the Queen's army ordained to convene at Lochmaben stane, &c." (History of Galloway, pub. 1841, vol. ii. Appendix, p. 1). On 18th January 1557 a retour was expede within the Burgh Court of Edinburgh before certain partie s Stewarda s f Annandalo s than ei t part by Jonete Carrutheris, as the older daughter and one of the two heirs laudss hi father l ofhe .al n ri (Origina l produce Loo.n di of Moffat, 1852.) n 156I 0 Janet Carruthers daughtero tw e elde e th f Simon th so ,f o r , coheiresse f Mouswaldo s s marriewa , o Thomat d s Koriso f Baro n - dannoch, the son of that " Eoryson of Bardannoch" who had entered into a bond of fealty to Sir James Douglas-in 1544. Bardannoch is in parise Glencairnth f Dunscoren hi o d an jtimo loss N turninn i etwa . g this marriage to account, and on the 14th March 1560, Douglas got the lad o makt y e ove o himselft r deea y db , execute t Drumlanrigda r he , hal Mouswalf o f othee th d r estatedan f Simonso r fatherdeee he , Th d. follows a s wa s :— Contract dated at Drumlangrik the 14th of March 1560 entered into betwix Sir James Douglas of Drumlangrik, Knight, on the ane part and Jonet Carrutheris eldest dochter and ane of the twa airis of lyne of umquhile Simon Carruthers of Mouswald on that other part in maner form and effect as eftir THE BAKONY OF MOUSWALD AND ITS BAKONS. 55

fallowi forsamekily sa s: Tha o e lairdshit s th i t s a lleivin d pan f Mouswalgo d with the pertinents lyand in the Stewartry of Annandale in the Sheriffdom of Drumfrie stroubloua s lie n si cuntre san e tha saie th td umquhile Simot nga little profflte thairof in his lyfetyme Bot the samen for the maist part was eithir reft or withhaldin fra him, or laid waist, and that there was ane charter tailzie made of the samen sa that thairhy his dochters airis of lyne war destitute of his heritage and leving Quhilk charter tailzie and infeftment saie r Jameth dSi s upon s expensiehi gottis she n reducit wit l thahal t followit or may follow thairupoun and hes made greit and large expensis in pley of the said reductkran and als in satisfleing of umquhile John Carrutheris pretendit air e f saitaillio eth d f o eumquhil e Simon Carruthers extendina tw o t g thousand pundis monie of the realme quhairof the said Janet's pairt extendis thousane toan e sai r Jameth dd Si s pundial s Douglad an s s obteni gife f tb o t r soueranou e Lady with avis f Jameo s s Duk f Chatelheraulo e t Earlf o e Arrane Protector and Governor of her realme to hym his airis and assignais the warde and marriage of the said Janet and payit and depursit thairfor the soume of ane thousand pundis monie foirsaid and sicklyke hes susteinit in meit drin cleithind kan othed gan re spaic necessarth e f ....eb o r she . zeires e sai r Jameth dSi l al lass w f bindibipasto t no airis oblissi d d hi s an s an , m shi and executouri contraco st saie tth d Jane marriagn ti e with Thomas Roresouf no Barndanoch and to obtain infeftment of conjunct fee to the said Thomas and airee th so t lauchfulli d an gottee r b he o et n betwi haild e an x lth l thaiAl f mo five pund land of auld extent of Drumragane with the pertinents lyand in the parochine of Glencairn within the Sheriffdom of Drumfries and to pay with saie th d Jane namn ti tochef saie o th d o Thomart s Eoresou soume e nth an f eo thousan haulo dt s markihousehaln dal i d san susteid dan witsaie nm th d hhi Thoma d Janean s t with thair servandis honestli e spaicaffeiris ea th r f eo fo s provido twt as e saial zeiris th er aired d honese he Janean an ,sd d an tan t sufficient livein quhair sche culd nevir have bruicke r awihe d n lievin peciablie be raisin the saime lyes in sa brokin ane cuntrie as said is ; Thairfor the said Janet Carruthers bindis and oblissis her and her airis to entir as ane e r airisai oth f he lynfdo s o t eumquhil e faderd an l , al thae hal f o an tf sundry his lands and heritage with all diligence possible and immediatlie eftir hir entry thairto to resigne the saimen into the hands of the superiors thairo o infefs e t airen saifavorr i Jame hi fth r Si d o sf td o san thes m heritablie thairin be her to be holden as freely as the said umquhile Simon r fadehi r hel saimee dth bess na t sail pleas e sai r Jameaires eth dSi hi r r so s o assignais. (Original produce Loc.n di of Moffat, 1852.) It was seen and noted by the late Charles Stewart of Hillside, who wrote thus of it on 27th April 1868:—"This laboured and curiously worded deed attracted my attention, so very curious and illustrative of 6 5 PROCEEDING SOCIETYE TH F O S , DECEMBE , 188810 R .

mannee th f e times o n whicth i rd Queensberriee an , hth s acquired their many detached estates obtainine Th . wardshipe gth e providinth , e gth helpless young woman with meat, drink husbana , &c.d an , d apparently so inferior to her own high position in the country, and the many other reasons assigned, look very like dishonourable motives and actions ; yet there might have been extenuating circumstances which prevenw no s u t forming a correct judgment. One reason for giving away her large property, I have little doubt, is well founded. It is mentioned that Simon, her father, could not make good his rents, nor could she, by reason of being in so troublous a country, &c., and she could not " bruick r awin.he " Thomas Eoriso f Bardannocho n e gentlemath , n selectes da Janet Carruther's husband, was forfeited for coining in 1581 at Edinburgh (Moysie's Memoirs of the Affairs of Scotland, 1577-1603). The Banna- tyne Club edition of 1830 runs thus :—" wes forfalted ane Thomas Bore- stou adulterur nfo fald ssan money connyed. editioe Th "f 175 no 5 says, " Thomas Eoreson f Bardamneo forginr ofo outputtin d gan falsf go e coin." e dee f Th 156d o s followe0 wa chartea y b d f alienatioo r Janey b n t r husband lande wholhe d th r hal d an f Mouswalf so he l o ef an "f o al , d and others, and her half of the £20 land of Logan Tenement, with the mills," &c., dated 16th July 1562. Upon this charter seisin followed in favour JameSi f o rs (Original prod.uce Loo.n di of Moffat, 1852). Having got one daughter married to a dependant of his own, and obtained her half of the estate, Douglas kept the younger daughter Marioun apparently in close custody, for she seems, from all that is recorded of her, to have been possessed, of more resolution and spirit thar sistehe n r Janet. Steadily keepin e maith g n purpos n viewi e , Dougla obtained sha dconfirmatioa n d fro e Queedeee ha m th th e df h no got two years before from Janet Carruthers, the elder sister. This con- firmation e Eegiste existth e Grea th n i sf to r Seal d runan , s thus :— "Eegina confirmavit cartam factam per Jonetam Carutheris seniorem filiam et alteram heredum duarum quondam Symonis Carutheris de Mowswald [qua-cum consensu Thome Eoresoun de Bardannoch conjugis sui—pro summa pecunie persoluta aliisque gratitudinibus, &c.], concessit Jacobo Dowgla Drumlanrie d s g militi heredibus eju t assignatis—dimee s - dietatem terrarum suarum subscriptarum." Then follow enumeration a s n THE BARONY OF MOUSWALD AND ITS BARONS. 57

of the lands of Simon's barony, including, however, also "Myddilbe," with s churcit h patronage d alsan ,o Raffelgil (Baffles) ,t namewhicno e dar h among the lands erected into a barony for Simon Carruthers. The witnesses mentioned are Edward Crichton of Sanquhar, Eobert Douglas, Provost of Lincluden, Herbert Jardine of Auldgarth (? Applegarth), &c.; e charteth d f confirmatioo ran n seem o havt s e been executeh 8t n do January 1562-3 at Drumlanrig (Reg. Mag. Sig., vol. iii. p. 326, No. 1440). In 1561 Queen Mary arrived from France, and in the following year an entry in the Privy Council Eecords throws some light on poor Marioun's position. On the 28th of January, 1562-3, "in presence of the Queenis Majest d Lordian e f Secreto s e Counsale forsaidis, comperit Mariou dochteria ntw Carrutherise d airi f th umquhilan so s f o e an e, Symon Carrutheris of Mouswald and Charlis Murray of Cokpule her mudir brother, and desirit the Queenis Majeste to permit the said Marioun to pas to the burgh of Edmburch, thair to consult and avise with hir friendis anent the thingis requirit of hir be the Counsale in the Queenis grac ee commo namth r efo n wel f thieo s realm quhil penulte th l clay of Januar instant, scho the said day being presentit agane before thamsamine quhiln th i n ei w Queenie , kschth no s oi s Majeste grantit: and thairfor e saith ed Charlis promittit band oblis thaan dm e hi th t said Marioun sul e presentib d t befoi e Queenith r s Majest Lordid an e s foirsaidi e saith sd Januaf penulto y da r instan n eodei t m stat t eadeue m causa withoun thai s i ty ban schr on w contracto d ono f marriageo t , sellin r landisuthiy hi an f gr o o , bandi r promissiso r maie hi b e do b st in the mentyme : and als the Queenis Majeste and Lordis foirsaidis de- clari r auiihe t t e thaa e sailiberte d th td an d tha Marioue an , fr t s nwe James Ear f Mortouno l , Chancellar n quhaii , s landis schconsignis owe t is fre of all forthir keeping of hir, and exonerit and dischargit thereof; and also that James Douglas of Drumlangig, knycht, hes obtemperit and obeyi e comman th e decrett th d lettref o dan e s obteni d purchesan t t aganis him be the said Charlis and utheris, the said Marioun's freindis s concernia r fofe o libertre t a sais puttin th sr d n hi i eMarioun. f o g " (Beg. Privy Council, vol. 233.p . .i ) From this we learn that Marioun, with her maternal uncle, Charles Murra f Cokpuleo y , appeared befor e Privth e y Counci d obtainean l d 58 PROCEEDINGS OF THE SOCIETY, DECEMBER 10, 1888.

leave to visit Edinburgh and consult her friends about her affairs, but ther evidentls ewa opposinn ya suspicioud gan s interest doubo n , t thaf o t Douglas permissioe th d fences an , wa nconditiony b d s agains r beinhe t g boun e interva contracy th an n di y f b marriagel o t f alienatioo r r o , he f no lands. She must have been from this record still under the charge of the Chancellor, Lord Mortoun, and. resident on his property, in accordance with an arrangement made as the result of proceedings taken, at the instance of Cokpule and others against Douglas, to compel him. to set her at liberty. What these proceedings were is clearly shown - by the decreLorde th f f Councieso o 29tn o l h January 1562-3, suspendine gth whole process agains r JamesSi t d declarinan , e letterth g f horninso g obtained havo against em beehi t n wrongousl d unjustlyyan , executed. From the narrative we learn that Charles Murray had obtained a decree requiring Douglas to produce both heiresses before the Council " to be seen and considerit be thame gif thai be at libertie or not, and to hear and see thame decernit to be set to libertie and to freedome furth of the said James thraldome and subjection." Douglas argued that "Janet, being married, was " only bundin to hir husband;" and as regards Marioun, that he brought her and put her in the Chancellor's hands. e hearine causth th t lettef a eA o g r from Queen Mar s produceywa d desiring her advocates to abandon the action against Sir James, as Marioun had been produced through the Chancellor, in whose care she was and had been set at liberty " in cumpany of the said Charles, quha confesit and grantit the samen." . . . samOe nth e daye 29tth , h January 1562-3, letter inhibitiof so n were raise t tha de instanc f Drumlanrigo e , which sufficiently revea pare th l t playings wa e h . After narratin e war marriaged th gif e df an g th o t e th , document proceeds—" Albeit he hes conform to the tenour thairof requirit Marioun Caruther-is, ane of the doehteris and appearand airis to the said umquhile Symo partie an mario n t r eofferid hi agreeabl ean o t t e without dispairiage, sche bein f perfyto g e aige, schs alluterlihe e e refusie th t samy t intendibo n n defraud i s saie r Jameth Si d f mario o set e hirself uthirwiss as sche pleiss, and in the mene tyme to sell annalie dispone ant awa dr pu landis yhi , heretaigeis, stedingis, movabl immovabled an e , and to mak priuat or publick assignationis, resignationis, renunciationis THE BAEON F MOUSWAL9 YO 5 S BARONSIT D DAN .

and dispositionis of the samyn and hir heretable ryght which scho may half thairto be deceiss of hir said umquhile fader, guidschir, grandschir or oyeris hir predecessouris sua that the said Sir James sal be defraudit of the said marriage and proffittis quhilkis may redound to him be ressone thairof, not onlie to hir awin hurt and apparend skaith, but alsua to the said Sir James' grait hurt and dampnage, without we and the lordis of our Counsale provyde remeid thairto as is allegeit." (Originals produced in Loc. of Mo/at, 1852.) On 30th January 1562-3 inhibitionver e e afte y date ,th th yda th f r e o , Douglas too a kfurthe r step d personallan , y e unfortunatgointh o t g e heiress, formall s haviny hi face intimate f th o t g r receivehe o dt gife dth t of war marriagd dan f Mouswaldeo thed virtuy an ,n b e thereof " offerit r inthi o o t manage Johne M'Math, sond appearanan e d air Jameo t e s M'Math of Dalpedder, being alsua personally present with the said James Douglas, being ane gentleman as partye aggreable to hir without disparaige, quha offerit himself alsua readye to solemenize the said band of matrimonie with the said Marioun gif sche plesit and to that effect e saith d James donater foresaid maist ernistlie requiry saie tth d Marioun to fulfil and compleit the said band of matrimonye with the said Johne M'Mat s effeiria h t kire oweif th Borthico k n i r k e saiquharth d s (a e James understands) that schordainis counsale ewa th e b t removo et r efo the tyme or into ony place quhare sche plesit upon the first day of Merche next to cum thaireftir, or uthir convenient day sche plesit to appoint and gif sche failzeit he protestit for the double avail of hir mariage quhil saie kth d Mariou declarid an n , refusido t thao t t t sche wald not be at the said James' byddin." (Original produced in Loo. of Mo/at, 1852.) The thread of poor Marioun's story is again taken up by the Eecords Prive oth f y Council's proceeding t Februar1s n so y 1562-3, when before the Quee Councid nan l " comperit John, Lord Borthuik Marioud an , n Carrutheris, ane of the twa dochteris and airis of umquhile Symon Carrutheris of Mouswald; and the said Lord knawing the said Marioun to be his tendir freynd and kynniswoman, acceptit hir to be in cumpany with him, his barnis and familie at her aune liberte and freedome for the spac f fourteo y dais nix cumo t t e dai, eftith tf ro e hereof h thay d da t an , 0 6 PROCEEDING THF O SE SOCIETY, DECEMBE , 188810 R . saie th d d Mariouan n ban bblisd dan t thamQueenie th o et s Majeste that scho sail remane with the said Lord and his barnis, and on na wise depart fra him to Ananderdale or ony other partis during the said space of fourty dais unde e pan th rf tweo a thousand pundis e saiald sth an d ; dais being bipast, that scho sail not thaireftir. depart fra the said Lord quhill he mak advertisment of hir departing, and day thairof, in speciale e Queenith o t s Majest d Counsalan e e certanan e e reasonable tymd ean space befoi r departinhi r g thae Queenith t s k ordourMajestta y ma ee thairin accordiss ,a , unde pane rth e above reheirsit saie th d d Mariouan ; n relevobliso t r saie hi etth d e premissis. Lorth f do " Lord Borthwick's precise relationshi t beei no e heiresis th ha o t t pi s found possible to ascertain, but probably the clue is to be sought in de- e wif th f thaterminin o es t wa Lor o dg wh Borthwic felo t Floddena lk wh . raty ean t LorA d Borthwick seem havo st e befriende pooe dth r girld an , to have offered (apparently with the knowledge of Douglas) to take her s familhi r fort stao t d yfo yyan witdaysm e undertakinhi h sh , o t t no g leave him, and go to Anuandale or elsewhere under a penalty of £2000, and further, under a like penalty., not to leave his house at all without givin e notice Privgth du o eyt Council purpose l thesTh al . f eo pre- cautions seems to have been a dread on the part of Douglas that Marioun would marr woulo y wh som de thueon s acquir r rightehe Mouswaldn si . This seems pretty clear from the fact that, in 1563, she was obliged to find caution thae woul sh t tmarr no d ye traito"an r outheo r r broken man of the country." Thomas Borthwick of Pryncardo and Michael Borthwic f Glengelko t became suretie £100n si 0 (Scots thio t ) s effect. After all these proceedings, Marioun, no doubt under the advice of her friends, took e halstep f r th Mouswaldtitl o fmako he t o st e p eu d an , accordingly n 13to , h March 1562—3 e expedsh , e Courretouea th n i tr of Lochmaben before Sir John Maxwell of Terregles, knight, steward of Annandale, speciall constituteo ys commissiony db secons a , d daughted an r one of the two heirs of Simon her father (Original produced in Loo. of Mqffat, 1852) e unfortunatTh . e heiress, harasse evern o d e y th sid y eb sinister influence of Drumlanrig, now attempted by alienation to preserve her inheritance e accordinglySh . n llt1564y o , hMa , conveyer he o t d uncle, Charles Murra f Cokpuleyo , ingentibuo "pr s pecuniarum summis THE BARON F MOUSWAL1 O Y 6 S BAKONSIT D DAN .

persoluti lande th sr half Mouswald f "so he o f 24tn o hd Junan , e 1564 deee confirmes th dwa Queey db n Mary (Reg. Mag. Sig., vol. iii . 355.p , No. 1537). The granter is described as " Mariota Carutheris junior filia et una duarum heredum quondam Symonis Carutheris de Mouswald," and the list of lands conveyed is both inaccurate and incomplete, probably because the original charter of barony was not accessible to the writer. Logane-tenement, Pennersax, Westkalis, with the Holms of Annan, are entirely omitted, while other land describee ar s d differently froe mth term e sdee th use dn i dgrante y Janeb d o Drumlanrig.t t e th t A same time "Stanneries s thii " s time describe s "ie parisa dn th f o h Trailtrow," and the Dornock fishings are denned as " de lie Eaisnet de Dornock." These " raise-net fishings" were of much importance (Sinclair's Stat. Account, vol. ii. p. 6) : and the Kirk-Session records of Graitney (Gretna), the next parish, contain numerous references to them. s beeha n t I possible, throug courtese r th Bellh M f , yo ministe f thao r t more th f eo interestino parishtw r o givo e t ,f themgo eon . Complaints are foun n e 176i "unaccountabld th f 6o e freedom e fishermeth f s"o n lessees on the Lord's Day :—" When one of the raise nets had something brok shia s mendey pb e ver wa sailinth t yn do Lord'ne ge oveth s, it r they b r mtheiy o t e samstrapitDa r th no order e netet e Th ar bu s, . methods followed by their servants as those on the English side who mak o differencen e wha they da ty fishd preparan , e aliker fo ever y yda catching every flood, week day, Sabbath day.'' The answer was, practically, that they only did what the Dornock men did, but not killing e fisth h tilMondaye th l ; whereas Dornoc t credih go keepin y b t g their nets strappe shalloe th n di w water t leavinbu , g them down unstrapped e deepeinth r places e " laketh , e Sabbate sand spoolr th 'Th o ' .n si h Day's draught n e occasion1770i , on n ,o e horro,th yieldeo f t o r , £5 d the stricter sort. Again, in 1774, these incorrigible fishermen with raise- nets were gravely threatened with lesser excommunication and all the pains and penalties the Church could exercise, but they still remained recalcitrantt compearno d di .d an , Marioun's deeexecutes dwa t Comlonganda e residencth , f Charleeo s Murray d amongsan , e witnesseth t s were William Somervele, vicaf o r " Kikbene, Matthed "an w Saidlar, recto "f o Pennirsax.r " 62 PROCEEDINGS OF THE SOCIETY, DECEMBER 10, 1888.

Of course, Sir James Douglas could not let such a conveyance pass withou successfuts challenge wa contentios e hi h n i d l ,an n tha rights hi t s of .war marriagdand e preclude legaits d l execution, Janet Carruthers, with' Rorison r husbandhe , , siding against poor Marioun (Hist. MSS. Commission, Reporth 6t , Appendix . 709)face p , thif o tTh s. reduction is narrated in certain formal letters of inhibition obtained subsequently to Marioxm's death, the date being given as 16th February 15 , but probabl yea1564-5e s yth wa r . The tragedy which terminated the struggle of the hapless Marioun against her oppressor is narrated in the gift of the escheat in favour of r WilliaSi m Dougla f Hawico s Kiny b k g 17t n Jameo . h VI Octobes r 1570. That document says thalande Crowe d th falletth sha e o nt b ressou eschet. f no e " thro e saiwth d Marioun Carrutheris wilfull slaying r selleipinn ohi i f ge Castel ovith wale th f r o l l toue d fortalican r f eo Cullyngane, upou twenty-five nth f Septembeo y eda r last bipast, and.thair- throw wilfullie breaking of hir awin craig and banis quhairof sche deit" (MS.Inventory). Charles Carruthers ninety-fouw ,no r year age,if so n reply to inquiries about Cullingane, state ns so tha .doubha e th means t thawa t ti t for Comlongan anciene th , t stronghol Murraye th f do Cokpulef so t conI . - firms, he says tols f thistorda ,o wa se yh castl e whe lad a boyn a w y ,ho had thrown herself over the wall of the tower, and how the grass never e placgreth n ewo where precis felle Th sh e. e spot whenc leapee esh d battlementwae th s n show o ease m th tnt hi sa corner ",e closlookth o et - out " tower whence watch was kept on the English border. How it was that the miserable heiress should have thus put an end to her life when at Comlongan, the home of her uncle who had so strongly befriended her, seems difficult to understand, but it may be that some light is thrown on the mystery by the fact that there was a matrimonial alliance between the daughter of Drumlanrig and the son of Cokpule. The persistent traditions of the family, and of the district, maintain that there was something uncanny about the manner of her death. Thus it came to pass that the last daughter of an ancient house found herself friendles d desertedan s , until death seeme r onlhe d y means of escape from her enemies. Driven by madness or despair to suicides traditioa , or , n will hav , founit e d lying dead with strong THE BARONY OF MOTJSWALD AND ITS BARONS. 63

suspicions of foul play, the poor creature perished miserably, and the unscrupulous rapacit Douglaf yo accomplished sha s enddit . Around Mouswald the growing influence and power of the new family s makinwa g itself surely feltd accordinglan , fine yw d bond f fealto s y and dependence entered into by Carruthers of Holmains, his son, and Carruther Dormontf so r JameSi o ,t s Douglas 12tn o , h September 1568. (MS. Inventory, 940, Appendix, No. 5.) In November 1569, the religious services at Mouswald were supplied by a reader named Thomas "Weir (Fast. Eccl. Scot., ii. 658), showing tha Eeformee th t d doctrine reached sha parishe dth mighs a , t have been expected from the fact that four years previously the last high mass in Scotland under the old regime -was celebrated in the town of Dumfries (Riddell MSS., vol. ii.). From 157 onwardd 6an s until 1585, John Edgar was ministe parishe th t f everythinro bu , g must have been very unsettled unsafd an t Mouswala e d during this periodEegistee th Prive r th fo ,f yo r Counci preserves ha l Discoursde "Th e Lor f "o d Herries upo e statth n e of the "West Marches about 1578-9, in which he says,—"The thevis of the same marche with assistance of the Englische thevis hes slayne your principale barronis that wes narrest adjacent to the marches sic the Lord Carlile, the lairdies Mouswald, Kirkmichaell, Kirkconnel, and Lagane in Annanderdaill with money uthir sobir landit men." This s alreada , y remarked, points to Simon Carruthers having been killed in a marauding expedition. Lord Herries also shows that since Simon's death, thirty years before, Mouswald Tower had not been held by any capable defender, because he advises that " honest househaldis " should be located by the various barons "the lard Drumlanrig in Mouswald or Eos, the lard of Lag in Eokell," &e. This " Discourse " bore fruit in the issue of a commission, on 22nd December 1584, to " William Lord Herries, Sir John Gordon of Lochinvar, Alexander Stewar f Garlieso t , James Dougla f Drumlanrigso , Thomas McClella f Bombieno , Thomas Kirkpatric f Closeburnko , John Charteri f Amisfieldo s , Alexander Jardin f Applegartho e d Charlean , s Murra f Cokpule,yo seveny an o t , r five" o r threo , f themeo conjunctly, mako t l requisital e e arrangement keepinr sfo e Wese peacth th gn to e Marches, repressing disturbances, and checking crime and disorder. On 8th "March 1588, Sir James Douglas of Drumlanrig resigned 4 6 PROCEEDING SOCIETYE TH F O S , DECEMBE , 188810 R .

inthande oth f Kin o se " Lanth g l Jamef Carrutherial do . VI s d an s Mouswald," along with Logane Tenement infeftmenw ne r fo , himselo t t f ans heirhi d s male. Eesignatio t Holyrooa n d h HouseMarch8t n o ,, and instrument endorsed thereon, 17th March 1588. Following this on March 18th, came a charter of resignation and an erection of Logane Tenement into the barony of Drumlanrig, sasine conform to instrument, dated llth April 1589. (Original produce Loc.n di of Mo/at, 1852.) Parliamenf o t n 1594I Ac obtaines n a , wa t bolsteo title dt f th eo p u r Sir James Douglas to the barony of Mouswald, and in the statute the following clauses, inter alias, occur :— punn te haild de an lth lanl f CarrutheriAl do s Dounahi d Kirktilclosan e h wit e pertinenthth s Hand withi e Stewartrinth f Ananderdaillo e d an l Al , hail the xx pund land of auld extent of Mouswald howquhat and haitlandhill with the tour fortalice mylnis and donatioun of the kirk of Mouswald, All d hail e twentian th l e pund lan . Loganof d e tenement wit e mylnihth d an s pertinentis punn te d hail de an th lanl f aulAl ,d o d exten drownof o t k with lan. s cummertreisf l do fischinhaile d x samee th hale e an f th l th th o ff gAl ,o , haild mere an lth l k Al lan Stannariesf do hail d twente an th ll y,Al pund land of pendersax with advocatiou donatioud e nan same kirth e l f th Al k o ,f no and haill the ten pund land of Mydilbie with advocatioun and donatioun of the kirk of the same, All and haill the 5 merk land of Westskalis, All and haill the tua merk land of auld extent of hoddum, All and haill the merk land of the holms of anand callit the blewberrie landis. Although thus apparentl f Parliamento t y Ac secure n a t y wili ,d b e b l noticed thaconveyancy an t t Douglahale f no Mouswalth o f f d o e ha s d which had belonged to Marioun Carruthers. He had long, no doubt, treated it as his own, and this Act makes no distinction, but deals with whole th e estate; nevertheless orden i , preveno t r possibly an t e question, frot survivine latge o m th eto o t t evew no ngs no sistewa t i r Jane formaa t l conveyanc e seconth f o e estatd th hal f o r whichsister't eo f he n o ,s death, she had become entitled. The necessary deed was obtained on llth May 1604. Then followed a ratification and disposition by Janet Carruthers, " Ladee Bardannoch, ane of the twa dochteris and airis por- tioneris of umquhile Simon Carruthers of Mouswald and sister and air of the twa airis portioneris of the said umquhile Simon our father." Then comes a narrative of the Crown charter to Sir James Douglas, and E BARONTH F MOUSWALO Y S BARONSIT D DAN . 65

Andreo t d paymens an w ohi r f "he Eorreso o t t n f Bardannoch"o r he , son and heir, of " grete soumes of money," and the purchase from her e halth ff o " uhiln so kr an pertenihe d e saith do t tumquhil e Marion Carruther sister,y sm furthe d "an r narratin e priogth r sal Janey eb d an t her husband of her own half. Therefore she ratifies and approves the said Crown charter, and of new sells and dispones to Douglas all the lands specified—sasine date e 6th registereth d ,an e Secretary'th n i d s Eegiste Sheriffdoe th f o r f Dumfriemo d Stewartriesan f Kirkcudbrighso t and Annandale, 26th Novembe r e sam1607th en I yea. retoua r s wa r exped Johy b 17tn y no e hCarrutherMa "Woodfuten si heis a f ,Joh o r n Carruther Logan si n Woodfute grandfathers hi , lande th f Howthatn so i , , in the parish of Mouswald, a part of the old barony (Dumfries Retours). This corroborates the statement made in the agreement of 1560, by which Janet alienate r hal f Mouswalddhe o f . Although " grete soume f moneo s yconvenientle "ar y set"e fortth n hi conveyances s onl i obviouo t yi ,to s that Drumlanri morr fa t e thaggo e nh gave.

Fig. 6. Panel over Door of Grierson Burialplace, Mouswald Church. [From a drawing kindly made for this paper by James Barbour, Esq., Dumfries.] entew no r fairle W y upo secone nth d phashistor e barone th th n ei f yo y of h OctobeMouswald8t d an rr upo 160h fo , 7t n 8 Sir James Douglas VOL. XXIII. B 66 PKOCEEDINGS OF THE SOCIETY, DECEMBER 10, 1888.

grante a dcharte f subfeudationo r d seisian , n followed, registeret da Dumfries 5th November of the same year. The charter was in favour of secons "hi Jamesn dso , afterward f Mouswaldo s establishmenn a s a , t for him in place of his portion," containing Mousewal, Houtquhat, and Hetlandhill, with mills and other appurtenances, Raffiegill, and Dornock, with the fishings, and likewise " the 5 marks of Craigmoy lying in the Stewartry of Kirkcudbright, there united together and erected (but by Sir James' own authority only) into a free Tenantry called the Tenantry of Mousewal e redeemeb o t , y himselb d f s heirs(no5 hi r y fo t)b marks." Mouswald having thus become the portion of a younger son of Drum- lanrig s somewhai t i , t amusin o noticowne t gw quickl w ne ho ere th y obligatione somf th o f d eo ri t begage s o attachent e estatee th o Th dt . aid of Parliament was invoked, and an "Act for uniting certain kirkis in Annandaill" was passed in 1609. The following were amongst its pro- visions :—" Considering perfytlie that thair is nothing mair neidfull for advancemene th f Goddio t s honour within this Kealm d establissinean g of justice and peax in the pairtiss sumtyme callit the bordours. Then the planting of kirkis ..... and theirwith understanding by the e reportrighth f to e reveren dd John fatheGo en i Archbischor f o p Glasgow ..... That the povertie of the inhabitants in these pairtio greas s i ts si impossibl tha t i t e thae saith td kirkin ca s e sufficientlib athe e t repairib ryi r o et plantit with ministerin I s regare meanneth f e parochinedo th f so s unless certan e saidith f eso kirkis Lyand nixt adjacent to otheris be unitit and annexit Togidder whilkis alsua may verie commodiouslio be done ..... Thairfoir his Majesti Estaittid an e s ordani kirkie statutid th san f unioue o s e san b o nt d parochinnean s eftir following e kirkith f Mekilly o s sa , o That - s i t daltoun, litill-daltoun d Mowswalan , e saith dd three kirkie unitb o st e onen i e placth , f resortineo r heirine wor gfo ministratioud th an df g o u of the sacramentis to be at litill-daltoun ..... The kirkis of Middillbie, Tundersaeks and Corrutheres, the place to be at Middillbie » inference Th e fairle frob l thiy myal s ma enoug h drawn. Drumlanrig, fathere th d Mouswaldan , e sonth , , eac t reliego h f froe burdemth f no E BARONTH F MOUSWAL7 YO 6 S BARONSIT D DAN .

supportin n futuri e repaio gt e on d thre t an r bu e churchesd ha d an , maintain. It was not long, however, ere James of Mouswald got a further con- cession from his father, for on resigning the lands of Dornock and Craigmoy n 19to , h Octobe r frees 1613wa d e froh , e possibilitmth f yo havin Tenantre gth y redeeme fathers thahi n o y dtb ,o accoun"wh d ha t remitte powee dth f redeeminro Tenantre th rese f gth o t y " (MS. Inventory of Qiieensberry Charters, . 17)p . By the authority of a letter of King James VI. to the Privy Council, on 1615y 27t e placMa h th ,r religiou efo s worshie districth s n i pwa t removed from Little Dalto Mouswaldo nt s evideni t I . t that withio ns short a time as six years, the inconvenience of the previous arrangement had been made sufficiently apparent. It is also clear that the statements made in 1609 as to the church of Mouswald were incorrect, or probably base n erroneouo d s information , churcw unlese s thane b a t wa hti s buil t thia t s time. This matter, however, wile morb l e particularly referre wheo dt e disjunctionth e parisheth f o ns mentioned i s . When the place for religious worship was altered, the minister, William Hammiltoun, A.M. alss o,wa transferred from Little Dalto Mouswalo nt d (Fast. Ecd. Scot., ii. 658), and he retained the cure until 1627 at any rate. James Douglas of Mouswald, in 1615 married Helena, eldest daughter r WilliaoSi f m Grierson 'of Lag appears a , s fro e followinmth g entrn yi Charles Kirkpatrick Sharpe's manuscript notes takeg nLa froe mth paper 182n si 9 :—"Contrac f marriago t e Mouswalbetweed an g nLa t a l Novembed 2n g La re th 1615 r WilliaSi , m Grierso f Lagno , knightr fo , himsel takind an f g burdeHelenr fo n no a Grierso s eldeshi n t daughter with consent of Robert Grierson his eldest son, &c., and James Douglas of Mouswall, lauchful son to umquhile Sir James Douglas of Drumlanrig knight." The bride to have from her husband 540 merks yearly—her tocher to be 5500 merks. Sir William Grierson duly paid the portion s daughterohi f 29ty 161n o r Ma h8discharga fo , e amounth r s fo e wa t grante Douglay b d f Mouswalso d (MS. Papers,g . KNotesLa C . y n b o Sharpe). lairw f ne Mouswaldo e lone er Th g s accusedwa deea f f blooddo o , 8 6 PROCEEDING SOCIETYE TH F O S , DECEMBE , 188810 E .

in the murder of a scion of the older stock. On 2nd January 1617, John Carruthers of Dormont was slaughtered "with shottis of hagbuttis pistolats,d an dwelling-house th n "i Johf eo n Mundell, Torthorwaldl Al . the accused were Mouswald people, and amongst them were James Dougla f Mouswaldo s , Joh Williad nan m Grierso s servantsnhi , also John Carlyl Bankn ei Thomad san s sonshi , John Bla Mouswaldn ki . &c , Non thesf eo e appeared t Habbibu , e Eae, Peter M'Key, servitoe th o t r Lair f Lag do somd an , e twent t I seemy . otherssso probabld di , e that the crime may have arisen out of a quarrel induced by the unhallowed succes f the'Douglaseso acquirinn si g Mouswald. On llth April 1627 appears ,a s fro burge mth h record f Dumfriesso , r JamesJamesSi w , no ,Dougla f Mouswaldo s , grante e a gifdf " o th t £20 land of auld extent of Mouswall, Howthat, Haitlandhill, with the tower, fortalic manod an e r plac f Mouswaleo e millth ,d multuresan l . &c , of the same;" together with the 20 shilling land of Baffles to James, his son, and Agnes, daughter of John Borne of Dalswinton-Holm, his espoused wife, under reservatio f variouno s land himselo t s n liferenti f . seisie registeres Th nwa t Dumfried1627y a Ma .t 1s sTher alss oa ewa formal marriage contract betwee e partienth s (MS. Inventory, . 118)p . With regard to some of these portions of the barony, however, we must conclude that some disputed question f ownershio s p still remainedr fo ; h Marc8t n ho 1628 e retour,th s prove John Carruther f Baffleo s o t s have been served heir of John Carruthers his father in Baffles, Howquhat, and Bobiquhat. With the sanction of Parliament, in 1633 King Charles I. issued a " commissioun anen e disjoininth t Meiklf go d litlean e Daltounes,. "&c An Act was passed, and the two Daltons were declared " to be ane seuerall curparochd a Mouswald.an efr e es kirr pe k" Thus, within twenty-four year f theio s r union, Dalto d Mouswalan n d again became independent parishes, and it may be from this very fact inferred how small had been the necessity for the union, separated as they are from one another by the nature of the ground. The early church at Mouswald was dedicated to St Peter, and to this day a well near by is known as St Peter's Well. As already noticed, the disrepair of the church in 1609 was probably exaggerated to serve a E BABONTH F MOUSWALO Y S BARONSIT D DAN . 69

special purpose, and in 1615, when worship was resumed there, either the old building must have been repaired or a new church built. Looking to the surrounding circumstances, I am disposed to think it unlikely that churcw ne s erected a hwa t unfortunatelbu , o drawinyn g e existth f o s church taken down in 1815, which probably might have afforded archi- tectural evidence on the subject. Fortunately, however, it has been possible to obtain a description from memory of this church from Mr Charles Carruthers in Charlesfield, near Annan. He is a man of a great

Fig. 7. Font from Mouswald Church.

age, having been bom on 1st October 1794, and about 1830 was tenant of Mouswald Plac e Marqui eth s sol whey wa db f Queensberry o t si n . He says that he " can remember the old church at Mouswald very well; it looked very old, and was like a barn on entering; it was two steps belo d e verground e leveth ha wy th f t o I small . l windowse th d an , original seats had all been carved, but some new ones had been put in. Thergaller a e norts th ewa t yh a end, which belonge Rockhallo dt e th t a ; 70 PROCEEDINGS OF THE SOCIETY, DECEMBER 10, 1888.

south end there was a small gallery, where they kept the benches and the tent which they used at the time of the Sacrament, the church bein o smale people to gs e th erecteteno holt l lTh wa tal dn . o d Mouswald green in the village, beside the burn." The carved seats must almost certainly have been pre-Eeformation t beyonbu , d this description only one record of the ancient church has been preserved, and that is the font, of which a drawing has kindly been placed at my service by Mr Eussell Walker, F.S.A. Scot. . (fig69)p , 7 .. Capt. Eiddell of GlenriddeU, in his MSS., about 1786, says:—"This ancien broughd t fonha I tFriar'o t t s Carse from Mouswald churcn i h Annandale. Upon it are the armorial bearings of the ancient family of Torthorwald of that Ilk, viz., a saltyre and chief, the last charged with three Bezants. This shield is timbered with an angel's head and wings —a distinction sometimes granted e churcth y b ,h whiche wels th a , s a l figure of a knight cross-legged, were only granted to persons who had performe a crusadd r beeo e n considerable benefactor e Church.th o t s " The font, with several others, similarly acquired, still remains at Friar's Carse f CaptI . . Eiddel n objece correcta b l s i t t i , of most venerable antiquity e maith r ne ,fo linth f eo House of Torthorald terminated on the death, in r DaviSi 1296 e f Torthoraldd o d , , whose only daughter Isabel married Humphry Kirkpatrick. An original discharge, dated 27th June r 1288Si y ,b David to the Alderman of Dumfries, is still extant, e alsw o d Figfin an . Sea8 .d r l thao Si f n 129i t r DaviSi 1 e Tord - David de Torthorald. ,, , , -, ,, , , , , . , , thorald, and >rIhomas, probably his brother, swore fealt o Edwart y t Berwicka . dI (Ragman's s nam hi Soil)} d e occuran s Edw0 2 e letter n th i . I.n i ,s testimonia e auditorth f o l s declaring that e pleadingsth f Bruc o o concluded Ballios an ed ha l d thae Kinth t g might give judgment r David'Si . s wife bore namth e f Cristianao e , and his seal is engraved in vol. ii. of the Calendar of Documents relating to Scotland. About the end of last century, an old gravestone was discovered at Torthorwald of Sir David de Torthorald, bearing the family arms a saltir, e charged with three Bezant n chiei s f (Riddell's MSS.). THE BARONY OF MOUSWALD AND ITS BARONS. 71

The Torthoralds, in the whole of the struggles with England, sided wit e Edwardhth s against national independence f courso d ean , suffered losa theif so r estate n consequencesi s quiti t I possiblea . e conjecture that Mouswald in the thirteenth century formed a portion of the Torthorald e overthroestateth d tha e Englisn s an th o t, wa f wo t i h forfeite Bracey db , who, whilst givin Isabel'o gt s hi s f husbando e on s a , own supporters, Torthorwald itself, assigned Mouswald to the Carruthers steadilfamilhad yywho supported him. This woul somin d e measure fonte accoune armth th .n r o s Therfo t s existinei g evidence than i t 1313 Sir Thomas de Torthorald was in Lochmaben Castle as one of the English garrison, and subsequently was in Carlisle, and engaged in raids on Pennersax and other places. Again, Sir James de Torthorald was killed fighting for the English at Bannockburn, and his son Sir John, after an unavailing visit in 1328, to claim his lands in Scotland, was compensate yearo dtw lose s f theth lates o r Edwary mfo b r d III. (Gal. Docs, relating Scotland,o t volconfirmatorr fa . l o thiiii.)s Al s e si .th f yo theor have yw e venture advanceo dt . Revertin histore th o gMouswaldt f yo 163n i , 7 Alexander Makgoune, t AndrewsM.AS f o . , becam e sam th minister en i yea d ran , gavn te e pounds towards building the library of Glasgow University (Fast. Eccl. Scot., . 68)ii . Certain arrangements for the creation of a commission of Scotsmen, to keep the peace of the Border on their own side, are recorded amongst e Parliamentarth y proceeding n 20to s h October 1641 "Jamed ,an s Dougla e commissioner f Mouswallth so f o e on s "i s namee Westh r tdfo Border n 164I . 2 ther s executeewa da ratification , still extante th f o , resignatio Jamey nb s Dougla f Mouswaldo s f Jameo n sso , Douglaf o s Mouswald, "in regard Earl Queensberry had confirmed to him the lands of Mousewal, Houtquhat, Hetlandhill and Kaffelgill." It is dated 23rd July, and registered in the Books of Session, 29th July 1642 (MS. Inventory, No. 221, p. 117). From the records of the Scottish Parlia- men e learw t n that e Lair"th f Mouswaldo d s M.Pwa " . for Dum- friesshire d attendean , d durin e firsgth t sessioe Parliamenth f o n f o t 1644-7. Foiled in their attempt to get rid of a church in the parish, the 2 7 PROCEEDING SOCIETYE TH F O S , DECEMBE , 188810 R .

Douglases appear to have directed their attention to the stipend payable ministere toth notariaA . l copy still exist "a Provisiof so Localitd nan y ministee foth r f Mousewao r l mailin stipene gth f thado t paris timn hi e comeo t chalder3 f mea so d bea an l r togethe merk0 69 r n monesi d yan 201. more for communion elements, February 28, 1650" (MS. Inventory, Appendix , e ministe638)1 Th . . No ,questio n i r n must have beee nth Eev. Alexander Makgowne obtained ha o e livinth dwh , g thirteen years before. Februarh On7t y 1654, James , f Jameeldeso n sso t Douglas thire th , d of Mouswald, entered into a contract of marriage with Janet, daughter of Laurie of Maxwelltown. He provided an annuity to her in event of her survival, amounting to 1200 merks, out of the lands of Mous- wald d thian ,s annuit s subsequentlwa y y dispose s wil a seene , b l of d. e dees executeTh wa d d 17th Februaryd Januar2n d d seisiyan an , n registere t Dumfriea d h Februar7t s y 1654 (MS. Inventory, . 226No , p. 119). same th en I yea a contracr t matrimonia s enterewa l d int t oMousa - wald n 26to , h June 1654, between William Grierso f Barrowharno r (Barquhar), brothe r JohSi f no r Grierso Lagf no , knight d Margaretan , , eldest daughter of James Douglas of Mouswald. His son James is also mentioned, and no doubt was the eldest, and husband of Janet Laurie, t liv succeedo no t e thougd di e . hh Dottoched an e r 3000 merks (MS. g Papers, Notes. KLa C . f Sharpey o b , 1829) f thiO s. marriags wa e bor greae nth t persecuto Covenanterse th f o r , Robert Grierson, afterwards r RobertSi e firsth , t barone e deat Lagf th o tn e succeedeho h ; g La o dt of his cousin Robert, the only son of Sir John, who died at Bath 1666. Sir Robert was served heir 9th April 1669. nexe th t r narrative stagA ou f eo , James, thir dDouglae lairth f do s family, was dead, and William Douglas of Mouswald, his son, is mentione Sharpe'r M n di s MSS. Notes, under date 1657. Janet Laurie, the widow of the eldest son, married again, her second husband being Gordo f Traquhainno evidentld an , foune ysh d some difficult gettinn i y g paymen jointurer raty he f ean o t t aftea , r 1660 r "twfo , o apprisingf so r seconhe d d an husbanannuite r th he y yb d from William Douglaf o s Mousewal, and decreet of constitution," are still extant, both containing THE BARON F MOUSWAL3 7 O YS BARONSIT D DAN .

all the lands, but calling Kaffelgill " Refflas." The one is for all arrears (3778 merks allowed, November 25, 1663) to Whitsunday 1663 ; yearo e othetw th sr morfo r e (2400 merks allowed, Octobe , 166514 r ) to Whitsunday 1665. Probably Janet Laurie got tired of this trouble- some business, for with consent of her husband she disponed the vexatious annuity on 5th May 1665, as from Whitsunday in that year, to John Aliso f Glencorseo n n 15to d han Septembe, r 1669 Aliso n turi n n disponed it to Lord Drumlanrig, to whose family gradually all the debts of Mouswald were now gathering (MS. Inventory, p. 119, No. 226). Following upon these apprisings cam eregulaa r serie f otherso s , upon which the superior granted seisin, ultimately, however, getting them all into his own hands. Some indeed he took out himself. Thus William, Lord Drumlanrig, afterwards Ear f Queensberryo l n apprisina d ha , g allowed, on 30th July 1672, against John Douglas, by this time Laird of Mouswald in succession to his brother William, who died apparently about 1670. Johs servenwa d hei o Williamt r e Earth , l of Queensberry granting precept d 28t an d seisinh an d s August3r , , registere t Edinburgda h 22nd Septembe Lorf o r totae d1670m Th su l . Drumlanrig's apprisin s 16,44gwa 6 merks. Ther nota Charley s ei b e s Kirkpatrick Sharpe referabl yeae th r o et 1671, in which he remarks that, "in some old papers the house is termed Mouswall Place, nam"a t estili l bear thio st s day thin I .s same yeamentiones i t i r d that Agnes Dougla n annuitmerka 0 d 40 ha f sy o from Nunlands and Lochruttonside; this may have been connected with e factth , thar sistehe t r Jean becam e wif th f eGilber o e t Griersof o n Armannoch, Loehrutton, a brother of Sir Robert Grierson of Lag. She had issue Joh Margaretd nan lattere th ;wife f th ,Willia o e m Turnbull, e Lairfactoth f Invergellieo o t dr , succeede o Armannoct d r he n o h brother's death. From an apprising at their instance in 1673, it appears thax youngesi t r childre f Jameo n s Douglas e thirth ,f Mouswaldo d , were alive at that date, viz., Archibald, Robert, and George, Nicolas, Jean, and Agnes. There still exist originan sa l renta f Mouswaldo l , with lis tenantsf o t , in 1673. This document, by the courtesy of Mr Carlyle Aitken, has been place follows a d hands s y i in m t s I :—. 4 7 PROCEEDING SOCIETYE TH F O S , DECEMBER 10, 1888.

The Just Eentall of the barronie of Mouswall as it now payes in this Instan 167d t yeaGo 3f o yearsr . lib. sh. d. Imp: Robert Blaokstock in Raphells payes teind and rent . . 050: 00: 0 Item James Conheath in Pantithhill payes teind and rent . . 078:13: 4 Item Mouswalltounn i Joh e nEa e paye . tein043:10f sreno d . dan t 0 : Item John Wright ther payes of teind and rent .... 036:13: 4 Item James Walker ther payes of teind and rent . . . 025:10: 0 Item George Ker ther payes of teind and rent .... 025:10: 0 Item Robert Johnstoune ther paye teinf renso d d. an t . .028:13. 4 : Item John Irving ther payes of teind and rent .... 035:16: 8 Item. John Bule ther payes of teind and rent .... 031:11: 8 Item William Edgai . r 026:11the r. paye8 :tein f . renso d dan t Item John Oaruder . . 025:03s the . r paye4 : tein. f renso d dan t Item John Dicksone in Hole ther payes of teind and rent . . 026:11:_8 Item Martin Herbertson and James Clerk ther payes of teind and rent ...... 026:118 : Item Edward Fergusone the . 073:15r paye . teinf renso d 0 ; d. an t Item David Wood ther paye teinf rend so dtan .... 031:10:10 Item Symon Dicksone ther payes of teind and rent . . . 049: 05: 8 Item Herbert Walker ther payes of teind and rent . . . 025: 08: 0 Item William Maxwell their paye . 035:03s o: . f tein ren4 d : . dan t Item Robert Edgar ther paye teinf rend so dtan .... 027:120 : Item John Niccolsone ther payes of teind and rent . . . 037:11: 0 Item James Dioksone . the100r . :paye 000 teinf : ren. so d dan t Item John Dicksone in Bottome payes of teind and rent with a ston of butter att 3 lib. . ' ...... 127:00: 0 Item John Bel Erinhirsn i l Johd an tn Gowdie the equaly b r l portions of teind and rent ...... 082:00: 0 Item John Wilki Newtounn ei Agned ean s Wright the equaly rb l halfs of teind and rent ...... 077:16: 0 Item Thomas Dickson Flecksfeiln ei d paye renteinf d so . an td 051:10 0 : Item Moungowes land possesministee th e b t r paye f rensd o an t teind ...... 014:13: 4 Item BurronhilPeeten i e Ra r . l 044paye ren. f tein:d so 00 an t0 d: Item Thomas Rae ther payes of rent and teind . . . . 025: 00: 0 Item John Barto Brockillhirsn i t paye . renteinf 085d so an t d: 000 : Andrew Barton ther payes of rent and teind .... 051: 05: 4 William Corrie in Cleuchbrae payes of teind and rent . . 028:03: 4 Georg thee reRa paye tein f rend so dtan ..... 028: 034 : Item ther is payed by each of these a Nithsdaill boll of bear estimat to 20 mks the boll ...... 026:13: 4 THE BARONY OF MOUSWALD AND ITS BARONS. 75

lib. sh. d. Item Johthee rnEa paye teinrend f so an td .... 023:108 : Item Gilbert Walke . r 035the . r: 00paye0 : ren teinf . d so an td Item Robert Mundell miller paye f beao s a bolr l Nithsdaill measure estima merk0 2 o t st Ite peck6 m1 f meao s l . estima029 bola . : 106b o lt 6li 8 ind: , monef eo . y Ite mfeiisn i Johe h npayeEa s ...... 025: 080 : Item George Tueedie ther ...... 040:10: 0 Item George Tueedie elder payes ...... 038:10:10 Item George Irving and David hanna by equall halfs payes . 038:10:10 Item Harker Tueedi e. 038:10:1the r. paye tein f . rensd o 0 dan t Item John Fergusone ther payes ...... 042:13: 4 Christopher Carruthers ther payes ...... 038:10:10 Item JohEoberd nan t Cairlyells payes ..... 038: 10:10 . 133:06 . 8 : . . Th . e Hotlandhil . . l paye. s The lands of horsum payes ...... 200:00: 0 The Mains of Mouswall payes ...... 340: 00: 0 Stimma totalis . . 2544:11: 4

Item of moulter meal instructed by a Eentall apairt to 12 bolls 3 forpets each boll being estimat communibus annis att 16 lib per boll ...... 192:15: 0 Item of casualitie of kain foulls Lykewayes instructed by a rentall apairt estima o t ...... 042:140 : Summa of the Eentall and Casualities . . 2781: 00: 4

The wood presentlie valued by honnest men and thair valuation instructed by a paper apairt extends to ... 2000: 00: 0 Ommitted John Fouch and John McCarters hous and yeardis worth 4 lib: per piece inde ...... 08: 00: 0

The Earl of Queensberry by this time had become so large a creditor that John Douglas coul longerdaccordinglo e n h hol t d dou an , y resignes hi o dt " creditor superior " all his lands, by resignation registered in the General Eegister House at Edinburgh, 24th February 1674 (MS. Inventory). The Earl, now in possession, began at once to look after the stipends of the ministers, and entered into agreements on 3rd February 1675, and on 20th December 1675, with two successive incumbents. With, the 76 PROCEEDINGS OF THE SOCIETY, DECEMBER 10, 1888.

first he arranged that the stipend should he limited to 500 merks yearly, t t wit dowe seconbu cu th h475o t nt i e manage .h dt ge Ther o t d e seems good reason to think that, if it were possible to get a sight of the original agreements, probably the names of two more ministers might be found to fill the period between Makgowne and Learmonth mentioned by Scott in his Fasti. To clear the estate of the remaining burdens and to complete his title were now the objects the Earl had in view. On 23rd March 1677, a still remaining jointure was acquired, whilst both in this and the pre- ceding year services of John Douglas, as heir to his father, mark the steps take completo nt titlee eth . John Learmonth, M.A. of Edinburgh, became minister of Mouswald in 1679 (Fasti JEcdes. Scot., ii. 659). Another of these Mouswald appris- ings was, by conveyance registered on 4th July 1685, transferred by Fergusson of Craigdarroch to William, Duke of Queensberry. The amount was 994Z. Scots, and it had been allowed as far back as 13th November 1672 to Douglas of Stenhouse, by whom it was conveyed to Craigdarroch. Similarly, the process went on in 1685 and 1686, when the Duke bought up annualreuts over Mouswald. At length he ob- tained, in 1686, "decreet of absolvitor against the children of Mousewal." About 168 r 16898o people th , e ousted Learmont ministere th h d an , the Eev. John Dunlop was ordained on 29th May 1691, at Lochmaben, Presbyterye byth . e conclusioTh f .tho n e separate histor f Mouswalo y w rapidlno d y approaches 25tn O h. July 1691 r JameM , s Lesley, advocate, obtained a decreet of adjudication " on account of Elizabeth Douglas, the gran- chil Jamef do Mouswaldf sRobert.o n so was9te s n o hhi Sh , "February ,b y 1692, served heir to her uncle George, and in the same year to her uncle Archibald; and when charter and seisin was granted by the Duke of Queensberr superiors ya r thre he 1695n i , ed aunts,an r tmale ohe th , e lin f Douglaeo f Mouswalso saie b havo t dy ed ma been extinguishet da the very time when the lands passed into other hands. It only remains for us to say a few words about the scanty tokens of their ownership left by the two families whose history we have sought in these page tello st . THE BAKONY OF MOUSWALD AND ITS BARONS. 77

Of the older stock of Carruthers, beyond the grim and weather-worn effigy of the baron lying in his armour in the auld kirkyard, no trace remains, unless indeed it is to be found in the ivy-grown ruin at Mous- wald persistenc"e Place,th n anciene i r th "o f eo t surnam widd an er efa through Annandale. The Douglases of Mouswald have left perhaps even fewer outward signs of their century of lairdship. When the House of Queensberry d re-absorbeha d their possessions e fat th f ,Mouswal eo n a thas f dwa o t outlyin neglected gan d portio greaa f no t estate e lon e find Er th gol e . tower was, by permission of the Duke, stripped of its coping and corner e entrancth stones d an e, gateway carrieo obligt f a of neighbourde , Grierso f Lagn o wante o ,wh ds stablesthehi r mfo . Similarl objeco yn - e acquisitiotaketios th nwa o nsame t buryingth d eol y n b famile th -f yo e churchyardplacth n ei , where, ovee entranceth r n stil e traceca b ,l d the arms of Douglas, with I. D. (James Douglas) and A. E, (Agnes Rome) on either side, and the date 1655 below (fig. 6, p. 65). One ston thero eto , buil is e t int e oldesoth t portioe moderth f o nn mansion-house, which bears a device, no longer decipherable, but it is known oncs plac it hav o et d e drawbridge ha ove th arce th f rh o e gate gone now, lik e proueth d baron useo paso dt wh s s beneat s shadowhit .

Fig. 9. Seal of Robert de Bruce, Lord of Annandale (from the British Museum, Cart. Cott. 12, 59). 78 PROCEEDINGS OF THE SOCIETY, DECEMBER 10, 1883.

CARR CITHERS OT TIE AT ILK, AND OF MOTJSWALD. William thaf o t Ilk, temp. Alex. I], Probably two generations.

John, ol Simon, Parson of Carruthers, Middlebie, Fealty father of to Edw. I., 1296. Thomas, 1st of M m. Joan, dau. of Robert of Applyn den ; charter circ. 1320. 2p S e ,se

William, 2nd of M. Sir Nigel, chamber- Brother men- charter of Middle- lain to Regent, tioned by Wyn- bie 1351, see p. 29. ! Brother, d. 1.346, see p. 29. toun, 1335.

Eobert, 3rd of 11, John, charter of witness to Raffles j Raffle'8 1361; Charter in 1361. alive in 1398. 1 (Holmains Branch.) Simon, l M.o ,h 4t . alive33 . 1411n p i e se , 1 | Andrew, 5th of JVf., Sym, Nigel, Chaplain m. Eliz. Dinwoodie ; Abbof o Paisf to - Commissioner fl. circ. 1420, see W. Marches. ley, see p. 33. p. 36. Brother? ?, Brother1419. , 1429.

John, 6th of M., Symon Sir Lawrence, Capt Lochf o . - of Severig ' , Chaplaif no maben . tire.d , ? Brother, Embassy, . 37 . 1454p e se , 1452. at Bruges ; 1 ? Brother, 1436. Archibald, Gilbert John de Janes, Henry 7th of M., ? Brother, Mousfald Brother mentioned fl. 1454-84, charte f ro n (clericme ) ; , 83 * tione1 d see p. 37. Robert- ? Brother, 1179. see P- 40- quhat, 1469. 1469, see p. 88. Sir Simon, 8th of M., William, Simon, Brother's fl. 1484-1504. Brother, see p. 47. son, mentioned murdered. 1479. Simon, Mf o . ,h 9t Archibald, fl. 1504-35. see Entail, m. Kath. Carlile. ob. s.p.

Sir Simon, 10th of M., ' JohnWilliam e se , , Christopher, fl. 1535-48. Entail, see Entail, see Entail, m. Agnes Murray. ob. s.p. ob. s.p. ob. s.p.

Janet, m. Thomas Marion, died Roresoun 1560 ; unm. 25th alive 1604. Sept. 1570. Andrew Roresoun of Bardannach. DOUGLAS OF MOUSWALD . 1600-1700Cm , . I. Sir James of Drumlanrig, 1st of M., d. 16th Oct. 1615.

K James,r Si William, 1st Earl of 2nd of M., Queensberry. conveyance 1613, m. 1st, O 2nd, Helena Grierson. O ik James, 3rd of M., g m. in 1627 Agnes Rome. 8 ! CO 1 A 4. 1 f-* .Tames, William, John, Margaret, Archibald ; Robert, George, Nicolas. Je an, Agnes. M m. 1654 4th of M., 5th of M., m. 1st, Wm. (niece G . mm . (niece Ibert Janet succ. circ. succ. circ. Grierson 1654 ; servedheir.) served heir.) Grie f o rn o t> Laurie, pre- 1657, 1670. 2nd . s.pob , .John ob. s.p. Armannoch ; ^ deceased d. 1670. ob. s.p. Grierson of 2nd, ]David G his Father. s.pob . . Dalskairth, Mact rair. ,_, s.p. 1663. H bd

John Margaret, P Roberr Si t Grierson of • m. William 3 Grierson of lag, Armannoch, Turnlmll, • 1st Bart. d. without factor for issue. Invergellie.

Elizabeth, charted ran seisin, 1692.