PROCEEDINGS of the Society of Antiquaries of Scotland

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www.socantscot.org Charity No SC 010440 NOTICE OF TWO ANCIENT SILVER CHALICES, ETC. 91

II.

ANCIENO NOTICTW F O ET SILVER CHALICES AN SILVEDA R BASIN BELONGING TO THE PARISH OF FORGUE, ABERDEENSHIRE, AND OF THEIR DONORS, JAMES CRICHTON OF FRENDRAUGHT, AND HIS SOW, THE VISCOUNT FRENDRAUGHT. BY JOHN STUART, ESQ., LL.D., SEOEETAlliT.

In the volume of the Proceedings of the Society for 1862 will be foun r Sandersopapeda M y rb n containing much useful information no the subject of communion vessels and the manufacture of Scottish plate, from the year 1682, when the Hall marks began to be recorded. From the frequent occurrence in our early records of the names of Scottish goldsmiths frod liste an m,th f silve s o r vessel ornamentsd san t merel,no y for ecclesiastical but for domestic use, which still remain in the archives of Scottish families t i seem, s likely that many example earlf o s y native art are yet to be found, if we had satisfactory means of distinguishing their work from that of the foreign artists who undoubtedly supplied a considerable part of the early demand. With this view, it may at some other time be an object worthy of the Society to invite an exhibition of early plate. e meantimeth n I ,I at n desirou drawinf so g attentio threo nt e chalices patenso tw d , an belongin e paristh o gf Forguet h o , which, througe th h good r MorrisoofficeM f o s Bognief no ,exhibite w ar eno e meetingth o dt . smallee Oth f r chalic a dat saidf e t eo b I appear e o .e littlt b s o et ha s considerably earlier havthay otherse ema beforne th beed e us th an e,n i Reformation. The letters I V F are stamped upon it, and on the paten belonging to it, with great rudeness, and on the latter are the letters I , H-witS crosha s engrave latea n di r style. On both the larger chalices is the inscription :—"GIFTIT • TO • GOD • AND • T'S OCHURC HI ' H ' BE ' JAMBS ' CRE1CHTOV 'XP FRENDRAVEII O ' TT• O ' THE• KIRK ' OF ' FOERIG ' 1633." e basi r Th pateno n , which measure inche3 1 s n diameteri s f o s i , beaten silver, havin e Crichtogth n Arms engravee th a bos n n i dso centre, with the following inscription round the edge :—" GIFTIT --TO • 92 PROCEEDINGS OF-THE SOCIETY, FEBRUARY 10, 1873,

GOD ' AN ' CHURCS D HI ' H ' OF ' FORGUE ' iJ JAMESY• . ' VISCOUN ' FBENDF T O ' - BAVGHT ' LORD ' CKICHTONE." The letters T K on the chalices are the initials of an Edinburgh silver- smith of the day, while the letter G is that of the tradesman by whom the plate was assayed. The marks on the basin indicate its being of foreign work. t I appears frofacte mth s collecte Sandersor M y db n tha chalicee th t s presented by James Crichton are of a form which was very usual about the date of the Forgue ones, but did not continue long in use. It had little in common with the shape of the earlier vessels used for communion purposes, and little to recommend it in any way, the cup being broad and shallow like that of a champagne glass. By the kindness of the Rev. Dr Arnot, the meeting will have the opportunity of examining the beautiful flagon presented to the church of St Giles by'Montagu, Bishop of Lincoln, in the year 1618, and a chalice give thao nt t churcparishionere th y hb basin1643a n si d an ,. Whil e Forgueth e chalice interestine ar s s specimenga ecclee th f -so siastical taste' of the day, they are perhaps more interesting from their probable connection with a striking incident in the history of their donor. thay e parisI oughsa th t f Forguo o ht t norte e th lie hn so borde f o r Aberdeenshire, where it joins the neighbouring county of Banff. In early record t i appears s tha se paris Ferindracf ho Ferendrachtr ho t bu , for more than five centurie borns ha s present sei it t nam Forguef eo . n earlI y time e Baronth s f Frendraugho y t belonge knightla o t d y famil tooo kywh their nam ef them o fro e landse mth , On Dunca. f o n Ferindrach, knight, swore fealty and homage to King Edward I. of Eng- land on his subjugation of Scotland in the year 1296. Soon after this the lands passed into the family of Frasor of Forglen, by the marriage of Margaret of Ferendracht to James Fraser, for which a dispensatio Popy nb e John XXII grantes e yeawa .th rn d i 1322 d an , about the end of the 14th century the heiress of that house carried the lands by marriage to her husband, Alexander Dunbar, second son of Alexander Dunbar, Earl of Murray. James Dunbar, who succeeded to e Earldoth f e issuMurraymo th f tha o es t wa ,marriage d Janean ; t Dunbar, his eldest daughter and one of his co-heiresses, having taken to her husband James, second Lord Crichton, conferred on him the NOTICE OF TWO ANCIENT SILVER CHALICES, ETC. 93

baron f Frendraughto y d thuan , s founde e familth d f Crichtoo y f o n Frendraught. This fair inheritance descende e ordinarth n i d y liu successiof eo r nfo two centuries, whe e landth n s e vestecamb o n t Jameei d s Crichton, the donor of the chalice to the church of Forgue. In the year 1641, James, the son of this baron, was advanced to the dignity of the peerage by the title of the Viscount Frendraught. This took place during the lifetime of his father, to whom it is said the honour was offered in the first place, but who declined it, preferring, according to Spalding, Covenantea callee b s a o t do havLairdy wh t ma re bu ,bee n actuatey b d other motive refusals hi n si . To understand the position of the Laird of Frendraught, and the motives which may have induced him to present the chalice at the period referred to, it is necessary to give some account of a fearful tragedy which happened in his family, and which, both at the time when it s dayshi f o , exercised en e occurred th dmos a o t td powerfuan , l effecn o t his fortunes. It has been recorded with picturesque detail by John Spaldin f Aberdeengo contemporara , y annalist r Rober Si d als y an ,ob t Gordon in his History of the Earldom of Sutherland. I quote as follows from the " Memorials " of the former :— " ANNO 1630.—Vpone the first of Januar 1630 the laird of Frendraucht and his complices fell in ane trubill with Williame Gordon of Eothimay s ancompliceshi d , quhai e saith rd William s vnhappellwe e y slayne being a gallant gentilman, and on Frendracht's syde wes slayne George Gordoun brother to James Gordon of Lesmoir, and diuers vtheris wes hur botn o t h Marquesydise Th weil. m Huntlf t freindiso su se l d yan s satlit this feid, and Frendracht ordanit to pay to the ladio reliut of Rothima barnee th d sy an fyfti e thousand merki n compositioui s e th f o n slauchter, quhilk as wes said wes treulie payit. f Septembeo "Vpon 7 2 e th e r 1630 laire th Frendrauch,f do t haueing in his company Robert Criclitoun of Condlan, and James Leslie sone Jolmo t e Lesli Petcaplef eo , witvthem hsu r seruitouris e saith ,d Robert efter sum speiches suddantlie schootis the said James Leslie throw the arme. e convoyiThah r pairti wa d y an o Petcaple t e tvthe th d r an , Frendrach s companyhi f to scho t . ou t Lik s Frendracha e t vpone Tuysday the 5 of October had confeirens with the Erll of Morray in 94 PROCEEDINGS OF THE SOCIETY, FEBRUARY 10, 1873.

Elgyne, aii f Geichtdo vpong mornee Bo , eth quhaie eare th .h e o nt th r Marques maid him. welcum. Petcaple lovpis on about 30 hors in jak d speian r (heirin f Frendrachtio g s e Bogbeinth )n gi vpo n Thuirsday the 7 of October and earn to the Marques, who befoir his cuming had discreitlie directit Frendraoht to confer with his lady. Petcaple hauelie complaines of the hurt his sone had gottin in Frendracht's company, d rashlian e avowi revengie b o t t t befoi e wenh r t homee MarqueTh . s alledgit Frendrach d don ha wrongo t n e d dissuadian , frm ahi t ony trable. Petcapill displeissit wit Marquee th h s suddantlie went horso t , and that samen day rydis his awin wayis leaveng Frendracht behind him in the Bog, to 'whom, the Marques reveillit what confeirens wes be- tuixt him and Petcaple, and held him all that nicht, and wold not let . Vpongo e mornm th ehi e being Frydday d auchan f Octobero t e th , Marques causit Frendrach o brakfast t t lovingli d kyndliean e . Efter brakfas e Marqueth t s directi s deihi s r sone Johne Viscoun Aboynf o t e with sura servandis to convoy Frendracht home to his awin hous, if Petcaple wes laid for him be the way. Johne Gordoun eldest sone e laith t o t slayne lair f Botbimao d e Bogo th wh y,n i hapnie b o t t wol also g d o with Aboyne. Thay ryde -but inteiruptiou place th eo t n of Frendracht, or sicht of Petcaple be the way. Aboyne take his leive froe laird mt th vpon bo s ,ladi conditiouo hi n e ed wolan e dh n not suffer him to go nornone that wes with him that nicht, bot ernestlie vrgi(thogm hi t h agane s willhi s bydo )t . Tha weilr ywa l intertaynde, souppi wentd mirrelliebe to t joyfullie d Viscoune an , Th .s lai n i dwe t d toweol e halle rd th standin th (goinan f ) o n i f ga d g be vpon e an e volt, quhairi e rounnan thais d we rhoil l d devysijusol t f o wndet r Aboyne's bed. Robert Gordoun born n Sutherlani e s seruitourhi d , and Inglish Wil pages bots lhi h,we lai samee dth besydn ni chalmerm ehi . e lair f Th Rothimado y witseruandim su h s lais we dbesyd inm .hi e ane vpper chalmer just above Aboyne's chalmer, and in ane vther roume aboue that chalmer lais dwe George Chalme f Noto r Georgd han e Gordoun Viseountie vthee th an ,f o r s seruandis, with quhom alslais odwe capiten Eollok then in Frendrachtis awin company. Thus all being t resta , about midnicht that dolorous towr tuk o esuddans fyr n i e t and furious maner, yea and in ane clap, that this noble Viscount, the lair f Kothimaydo , Inglish Will, Collein Ivate vthe an f ,Aboyne' o r s NOTICE OF TWO ANCIENT SILVER CHALICES, ETC. 95

seruitouri d vthe a an beins tu r g six.in number cruellir wa , e hrynd an t tormenti deate t helth o releifhr bu t tp o laire th ,Frendrachtf do ladies ,hi , and haill houshold looking on without moveing or starring to deliuer thame e furifr th af thi o e s feirful reportits l we fyr s a e . " Bobert Gordoun, callit Sutherland Robert, Viscountie beinth n gi s chalmer escaipit this fyre wit s lyfhhi . George Chalme Capitand an r e Eollok e thirbeinth dn gi roume escaipit alss o we thi s sa fyre,d an , said Aboyne micht haue saiffit him self also if he had gone out of durris, t suddantli bo p stairi quhilw o d o Eothimayie n t wol st h k ra e no d s chalmer, and walknit him to rys; and as he is walkning him the tymber passag e d loftinchalmeth an e f o g r haistellie takis fyre thao s , t none of them could wyn doun stairis agane : so they turnit to ane wyndo luiking to the clois quhair thay piteouslie cryit help, help, mony tymes, for Godi e ladith s e elaird cans Th witan d . h thair seruandil al s seing and heiring this wofull crying bot maid no help nor raaner of helping, whiche thay perceaving, thay cryit often tyms mercie at Godis handi r thaifo s r synis, syne claspi n vthei t r arme d cheirfullian s e sufferit this cruell martyrdome. Thus deit this noble Viscount, of sin- gular expectation, Eothima ybrava erese youththie th b t sd dulefulan , l fyre neuer aneuch e deploiritb e gryo t eth to t , greif d sorroan e f o w thair kyn, freindis, parentis d hailan , l countrie people, especiallio t e e noblth s goodwilehi Marquesr t fo thi ga lo sn wh rewaird, ma o N . e Vis e th grei -th f o ft s ladyyi ca r hi n d no ,expre an doloue m sth hi f o r countis awin dei r reiris hi ladi o ,t whiche m wheca t ei n scho keipio t t hir deing day, disdayning eue compane thairefteth rn e ma res f th yo t n i r r liftymeohi f , followin turtle love th gf th e o dow. " Howsone the Marques gettis word, lie directis sum freindis to tak wp thair ashes and brynt boneis quhilk thay culd get, and as thay culd be kend to put ilkanes asses and bones in a kist, being six kistis in the haill, which with gryte sorrow and cair wes had to the kirk of Garn- tullie thaid an , r meintyme bureitth n I .Marque e eth s writti Lore th do st Gordoun then duelling in Innerniss of this accident. It is reportit that vpon e mornth e e efter this wofull fyree ladith , e Frendracht, dochter to the Erll of Sutherland, and neir eousing to the Marques, buskit in ane white plaid and ryding on ane small nag, haueing ane boy leiding r horhi s withou r compan hi may n on i et ythin I ; s pitifull maner scho 96 PROCEEDINGS OF THE SOCIETY, FEBRUARY 10, 1873.

cam weipin desyring mornind Bo gan e gth o entrigt o speit e k . witmy h lord, bot this wes refuisit, so scho returnit bak to her awin hous the same get schcomfortles.m oca " e populaTh r suspicio strongls nwa y fastene Laire th Ladd n dan f do yo Frendraugh e e authortragedyth th s a f td moro san , e especialle th y latter. We discover from many different sources the strength and diffu- sion of the feeling, and one of the most striking references to it I may here quote from a contemporary writer. The Lady of Frendraught, bein ga Roma n Catholic, employe chaplais da priesna f thao t t church, who reside house th Frendraughf n e do i th n fire e O time th .th f et o a t servicer thedeathe he applieon e n i 1637e n sh ,i , th Fathef o dt o , r Black- hall missionara , y northe priesth s comn o i t hi ,s fil placed hi ln e an I . " Brief Narration," which contains a wonderful picture of society in Aberdeenshir e tim th f Charleo en i e s e thuI.h , s circume referth o t s - stance :— Lady y ordinaryr "M he Frendre f e o b prayino e t ,send e m tdi m o d t o gt for the frere whom she had before, was lately depairted from this lyffe. I refused absolutel here se , suspectes o becausyt wa guiltye e b esh o d t e of the death of my lord of Aboyne, who seaven yeares before was burned in the Castel of Frendret. Whether she be guiltye or not God knoweth, for that hat t bee t discovered.hno nye " s probablwa t I y unde knowledge th r suspicione th f eo s currene th n i t country tha Laire th t d presented himself befor Prive eth y Counci Scotf o l - land, and declared " that immediately after that unhappie and deplorable burnin toures hi Fendrauchtf f go .o somf o d e an ,nobl e person otherd san s being thairin, committe some db e devilis odioud han s plotters agains him, his lyfe and estate, in the moneth of October last, the said James Crichton of Fendraucht, pairtlie out of greefe of myiide, and pairtlie for ischewing anie sudden violence whilk migh e useb t d agains him, he addrest himselfe to the brugh of Perth, where George, Viscount of Dupline, Lord High Chancello f thio r s kingdome s residencehi d ha , ; and there humbelie desire e saith dd Lord Chancello o protect r m hi t fro l violencmal k diligen ta d injustice o an et td e comtryelan ,th f -o l mitters of the said haynous fact, and offered himselfe readie to undergoe whatsomever tryel anir fo l e appearanc f suspicioueo n which might arise agains him, upo occasioue n th e burnin e th person th f o nf o g s foirsaids NOTICE 01? TWO ANCIENT SILVEE CHALICES, ETC. 97 withi s towrenhi . Likeas, now e saith ,d lair f Fendraucho d t being cum to the burgh of Edinburgh with the said Lord Chancellor, and being personallie presen counselln ti thiy da se repeate h , s formehi d r declaratioun in presence of the whole counsell, and humbelie intreated thame to make diligent search and inquisitioun for trying the actours and committers of the said odious and treasonable fact, and for his awin part, to testifie his innocencie, wes content to act himselfe; lykeas, be thir presents he actit himselfe to compear personallie before the saids lords whenever he sail be lawfullie charged to that effect, under the pane of ane hundreth merkes lorde secreif Th so . t counsell having hear relatioue dth n of James Crichtoun of Fendraucht . . . finds and declares, that the said Lord Chancelle acceptins hi saie n i r th d f gJameo s Crichtous hi n ni hou companied san tha keepiny d saie da an th t,d tile Jamem th lg hi - sex hibite himselfe personallie befor counselle eth d good acceptabldi , an d e service to his Majestie, and conformed himselfe to the credite and deutie of his place and office in everie point." After various proceedings e Privf Aprilth o , yh 4t ,Council e th n o , granted commissio o Williat n m Earl Marischal, Patrick Bishof o p Aberdeen, John Bisho f Murrayo p , James Lord Ogilvie, David Lord Carnegie Coloned an , l Harie Bruce, ani"r o e thre f theeo m conjunctive, to make their addresPlace f th Frendraucht o eo t s , ...d an . ther o sight d evie e housan wtth f Frendrauchto e o considet d an , r the frame and structure thereof, and how and by what means the fyre was raised within the same, and if the fyre was accidentall or done of sett purpose by the hand of man, and if there be any possibility or pro- babilitie tha fire eth t could have been raise anie db e personns withoue th t house, and that they report their proceedings." On the 20th of April the Commissioners gave in the following report:— t "FendrauchA e threttenj f th Aprileja to d y e yeerGo da eth , f eo d threttivian " yeereso an e e undew , r subscryvers obediencr fo , e an f eo ordinanc d warranan e ds Majesteie lordhi gevith f o e s b n s most hon- nourable priue counsell, made our addresse to the hous of Feiidraueht, and considerit the frame and structure tbairof, for tryell how and be what meane e firth se wes raised withi e same th nd whethe an , e th r fire wes accidental!, or done of sett purpose be the hand of man ; and if VOL. x. PART i. G 98 PROCEEDINGS OF THE SOCIETY, FEBRUARY 10, 1873.

ther e anb ee possibiliti r probabilitio e thae firth et could have been persoue raisean e db n withou house havind tth an , g seghte examined dan d e samineth , wit e voic consend han an e t resolwe followes sa : s"W e finde l blikliehoodeal e , thae firth et whairb e hou bruns th yfirss swe twe t vaulte raisean n d,i whairi fine nw d evidence f firo n thrisi e e sundrie e farthesth thairoft d partsa en te on ;, another toward middese sth d an , the thirtha1 01 td gavell whic s hardhi e e bholth y e tha s i undet r the bed whiche wes in the chamber above. Your good lordships will excuse us if we determine not concerning the fire, whether it wes acci- dental or of sett purpose by the hand of man; onelie this muche it seemeth probable unt , afteous r consideratiou e housframe th th f f o ,neo and uther circumstances, that no hand without could have raised the fire without aide from within. In witnes whairof, we have subscribed thir presents wit handsr hou : Patrick Aberdene, John bisho Morayf po , James Lord Ogilvy, Carnegy, Henry Brus." e CounciTh l see havmo t acto et bee,losa w but t nsho a , accordino gt Spalding, the Commissioners' Eeport had the effect of strengthening the suspicion Marquie th f s o f Huntlso y against the' Lair foye e "s d dth a an r devyser e fyre.th f "o In June 1632 the Council received the King's directions, " that for better cleerin truthe th f go e touchin burnine gth toure th f Frend o f eg o - raught, and that justice may be executed upon whosoever sould be found guiltiodiouo s f barbaroud o e san moste th facsa n i texemplari e maner, they wol evern i d y imploy da wee e yon k upo e exacth n t e tryelth f o l samen." John Meldrum formea , r servan f Crichton'so t d beeha , n imprisoned on suspicio n earla t yna broughperiod,t s lasa wa td triaan o t l before the Lords of Justiciary. The following extract from the dittay will explain the grounds on which he was tried:— " That the said Johne Meldrum, in the moneth of September, in the yeir of God 1630 yeires, haifeing, under silence and clud of nycht, come to the medow of Frendraucht, pertening heritabillie to Sir James Creich- toun of Frendraucht; furth of the quhilk medow he thiftuouslie staw, reftawad maisterfulf o an , y tuikwa e b ,l thifd stouthriefan t a gratu ,y stanned horssis pertenin e saith do gt Jame s Creichtou Frendrauchtf no , quhil r thawa kn pasturand thairintill, wort e sowmth h f tvvo e a thou- NOTICE OF TWO ANCIENT SILVER CHALICES, ETC. 99 sand merki stranspoirter moneywa d an d ,eayrei an d n i d m awahi e yb maist thiftious manner. saie "dTh Johne Meldrum being consciou himself o guiltines t hi f o f s thairof, and to eschew his lauchfull tryell and deserved puneischment for the samyn, directi d imployian t t diuerss perso freindiss hi s ne , and"weill willeris to the said laird of Frendraucht, quha in his name earnestlie delt with him. to desist and leave af that rigorous and violent courss, offerin o mat g k restitutioue saidith f so horssisk m againba hi n o t e, upone conditioun tha wale h t d give satisfactiou e saith do nt Joh n Mel- drum for the loiss and skaith whilk he had sustened in the said laird of Frendrauchts service while Th k. conditioun being altogidder refuisee b t the said laird of Frendraucht, the said Johne Meldrum thairupon con- savet ane deidlie haitrent, malice, and ilwill agains the said laird of Frendraucht l pairtial companied n i san d an ; s quhai e comerh , oppinlie, with grit attestationes, thraitne avowed dan d tha soule h t aboue db t with Frendraucht, and that it could coist ane of thame twa thair lyves, and to do to him ane evill turne besyde. And for this effect the said Johnne Meldrum presentlie tuik his recourss 'to James G-rant callit of Carroun, ane notorious soirnar, outlaw, theif, and rebell, keipit dyuerss trystis and meittingis with him, cravein e saigth d Jame s assistanchi s helpd an e , to be avendget upone the said laird of Frendraucht, and in end the said Johne Meldrum haifing convoca o himselft t ! certane brokin men, all fugitiue d rebellisan s s complicehi , associattisd san , upon auche eth t day of October, the yeir of God jai vie and threttie yeiris under silence and clu f nichto d , betwix twelff houra efti t tw 'nycha s r d mydan t - nycht, come to the place of Frendraucht, and supponeing and certanely persuading himselff that the said James Creichtoun of Frendraucht wes lying within the tour of Frendraucht, quhilk was the only strenth and stronges te sai pairth d f o placet e saith ,d Johne Meldrum with s saidihi s complices n maisi , t tresonabil d feirfulan l l maner, haifing brocht with tham hudge ean e quantiti f powdereo , pik, brumstone, flax, and uther combustabill matter provydi e purpoise thamth b t r t fo epa , and convoyi d throe samy an th e tslitti e wth d n stonei th n an sf o s saie volth d f grio t t tou Frendrauchtf o r , weill knawi d foirseinnan e b e the said Johne Meldmm, quha wit complices hhi t thasa t instant tyme fyret the samyn pik, powder, brumstone, flax, and uther combustable 100 PROCEEDINGS OF THE SOCIETY, FEBRUARY 10, 1873.

matter ahove writtin t dyuersa , e placesaie th d f voltso ; quhilk beina gsu fyrekindletd an t d violentlidi , saie hele th dhoil e th f ed o an n i flil o t e volt and tak vent thairat, the whilk hoill of the said volt and vent thairof being perfytlie knawin to the said John Meldram, be reasone he had remaine houshaln di d wit saie hth d lair Frendrauchtf do douiefuls hi s a , l servand, within the said hous and place of Frendraucht for ane lang tyme of befoir, and knew and was previe to all the secreitis of the said house. And the said volt being sua fyret, the haill tour and houssis quhairof immediately thaireftir, being foure hous hight, in les space than ane hour tuin maisi e deiks th fyr t dwa e nightn i eth hou d f an o ,r tresonabill, horrible d lamentablan , e maner brunt ,con d blawian - , nup sumet e occasioub , n quhairof e saith ,d umquhile Johne Vicounf o t Melgum, and umquhile Johne Gordoun of Eothiemay, with some of thair servandis and followeris (quha the day befoir had come to the said plac Frendrauchtf eo companin i , saie th d f elairo Frendrauchf do s hi o t t said place, to guaird and defend him frome the violence and invasioun of his unfreindis, and quha that nycht lay and remanit within the said tou f Frendrauchto r than i r t deiwa ) d nychte houth f o r, being sleiping n thaii r beddis securelie tymth r e fo ewithi e saith nd tour, maist crewollie e violencth e b f th,o ee said fyre, withou- re hely r on o pt meid, brun o deit t d withi e sai th ne dfyr th etou e kindleb r d an t arrysing sai e furt samyth e d f th voltho d n ,an toure , wit haile hth l houssis thairof, togidder wit e saidth h s umquhile Johnne Vicoun f Melgumo t , Johnne Gordoun of Eothiemay, with thair servandis, than being in thair companie thairintill s pitiefulliwa , e brunt, consumed destroyed an , e db the said Johne Meldrum and his complices, and he is airt and pairt of the burning thairof, and of the cruell and execrable daith and destructioun honorabile oth f l persones foirsaidis thaid an , r servandis above nominat, than being withi saie nth d tour." (Spalding, . vol390pp . ,i 391.) e JusticiarTh y records contai nfula l e reportrial th evidence f th , o t e of the witnesses, the pleas of counsel, and the verdict, which declared "e hi b guiltie mo t , culpable convicd foreknowledgee an ,th f o t , counsell, airt and pairt, of the treasonable burning of the said house of Freu- draught." His sentence was to be hanged and dismembered; and aftes convictionhi r e Lordth , f Privso y Council appointe Bishope dth s of Dunblane and Eoss, Mr Harry Eollock, Mr David Mitchell, and NOTICE OF TWO ANCIENT SILVER CHALICES, ETC. . 101

Mr Thomas Sydserf enteo t , r into conference wit e prisonerhth o t d an , use their " best travellis and endeavouris for bringing him to a confes- trute sioth thaf f ho no t foull cryme whairwyt s convicti e h d dis an ,- chargin e tolbuithe jayleth th g f s o l servantsrhi other al , d san , quhatsomever to be present at the said conference, requiring the^said Bisho f Dunblano p e faithfulth e k tta o ls promishi e resf th o t f o e brethre revealo t t nno e wha saie th td John shall delyver unto them." While John Meldru thus mswa execute havins da g fire towee dth r from outsidee th , John Tosh e masteth , f householo r e Lairth f Frenf o do d - draught, was tried as the author of the calamity, on the opposite and in- consisten buildine t theorth t fir o se et d yg thaha fro insidee e mh th t d an , withou suggestioy an t complicitf no y betweeprisonerso tw e nth . dittaye Th against John Tosh sets fort havins hi h g bee compann i n y with his master at the Bog of Gight at the time of his visit to the Marquis of Huntly already referrehavind an , gdto hear marquis'e dth s purposo et send an escort with the laird on his return home to Frendraught, con- sistin -eldess hi f go t son Laire ,th Eothiemayf do othed an , r friends :— " And the samyn overtour being hard and knawin to the said Johno Tosche, quha than was present attending upoun the said laird of Fren- drauch tha w s sais maisterhi hi ho td t maisteo stad t an s y, thawa r t nycht wit sair hou d trustie coussin weid gan l belouit counsellor, George Marquei f Huntlyo s , awam &c.d nochcu an , y o t tfroquhilm hi m l the morene thaireftir, being the aucht day of the said moneth of October e saith ,d Johne Tosehe thairupoun dispatchet himselff away fra the said place of the Boig spone the said sevint day of October, and with all post dilligence came to his maisters hous of Frendraucht, quhair at his cumming thairto he acquentit the ladie Frendraucht of his maisters stay with our said trustie cousing that nycht, and how that upoun the moirne thairefter he was to cum hame with the convoy, guaird, companid an saie th d f eo Lor d Vicoun f Melgwmeo t r sai, ou sond o t e trustie cousing, and remanent persones foirsaidis; Lykas, accoirding to the said repoirt and declaratioun sua maid be him, the said laird of Frendrauch s maistehi t r haiveing remane l thaal t t nycht wit r saihou d trustie cousing, weill and louinglie interteinet be him and his ladie within thair said place of the Boig, quha upone the moirne thaireftir tuik his guid nych fairweillr to sai,e beinth d f auche monetho gth y tda f Octobereo , 102 PKOCEEDINGS OF THE SOCIETY, FEBRUARY 10, 1873. d comine convoan th d companio t gan y saie th d f Loreo d Vicounf o t Melgwme e saith ,d lair f Kothiemayo d d thaian , r servandi d folan -s loweris above writtin, saiflie hame to the said laird of Frendraucht, the said John Vicount of Melgwme being altogidder resoluit at that time, with his companie, to return bak to his father to the said place of the Boig, nawayis myndfull to have stayit in Frendraucht that nycht • he, nocht- withstanding -thairof, be the earnest requeist, prayer, and intercessioun e saith of d lair f Frendraucho d s ladie s forcehi d comwa d ,an tan -t pellit, in loveing and freindlie forme as appeirit, togidder with his haill companie above writtin, to stay and abyde with thame that nycht, and to soupe with thame; and eftir supper thair beddis being prepairit and maid within the chalmeris of the toure of the said place, and thay in peaceabl maisd ean t loveing mane appeirits a r , being laid dou o rest n t thameselffis that nicht thairintill, expectin evilla n g , harme, iniurier o , violen t offerrie deib o dr donf t thame o o t thameo y et an , r withio , n that place. It is of veritie that the said Johnne Tosche, far by the harmeless innocend an t persones foirsaidis thair expectatioun, upon quhat devilisehe instigatioun altogidder unknawi e saidi thameo th nt o t s r complinerio , s freindi d kyndismenan s e deith d e nycht n i th hou, f o r,e wheth l nal pepl servandid ean t rest place a r th , f epasswa o t secreitli chalmee an o et r quhair ane Thomas Joss, ane of his fellow seruandis within the said place, and ane keiper of the key of the voltis, quhilkis war directlie beneth e tourth e e quhairi saie nth d Lord Vicoun Melgwmef o t saie th ,d lair Bothiemayf do thard ,an e cumpanie laysecretld an , y sta brochd wan t away with him the key out of the said Thomas Joss his breikis and poutches thairof e saith ,d fas d slein Thomao an t pd be s s beinhi n gi for the time; and thairefter came to the said volt or laiche seller benethe e saith d toura d haueinan , g opene e durth t e thairof drawid an , n ni convoyid an t thairintill certane faggottis, tymber, powder, flaxothed an , r combustable mater, provydi d prepairean t e sai himy th db d e Johnh , e Tosche, out of ane devilisehe and disperat humour, fyret the samyn; be the fyreing and kyndleing quhairof, the said loftingis above the said volt, specialli chalmerie eth saie th d f stouro e quhairi saie nth d Lord Vicount, the laird of Eothiemay, and thair servandis and followeris, to the number of sax persones, Cristiane suillis, war maist petiefullie brunt to deid. And sua the said toure of Frendraucht was maist barbarouslie fyret and ANCIENO NOTICTW F EO T SILVEK CHALICES3 10 , ETC.

brunt, and the noble man, gentillmen, and utheris foirsaids, than being thairintiU, maist lamentablie brunt e saiqui th deio d t k e b Johnnd e Tosche; and he is airt and pairt thairof comittit upon set purpois, pro- visioun, precogitat malice foirthochd an , d maniefest an fellonie e hi tn i , contemp r auctoritiou f eviln o lawisd i t an d el examplan , utherif eo o st commie samy th e lyk s ovee f suflerith b tnpa gi ,r o t unexamplarit e puneist." (Spalding, vol. i. pp. 386, 387.) e counseTh r Tosfo l h objecte e dittath o yt d being remittee th o dt knowledg assizen a f o e, " becau e panneth s l being examinat upoe nth poyntis of the said dittay be the lordis of his Majesteis Previe Counsall and thair commissioneris, and being put to the tortour thairupon, first to tortoue buittie th th f o rs uponAprylef o firse y eth da t , 1631, nex theo t . tortou pilliewinkie th f ro s upo twele ony fth Julfda y last pannalle ,th l al n ,i his suffering of bayth the saids tortours, constantly, and upon his grit aith, declairi nawayis t thawa burnee e houe h tsth th Frendrauchtf sf o ro , actor nor accessorie thairto, or that he knew ony thing anent the burning of the said hous, nor quha war the dooaris thairof; be the quhilk con- stant denyall, suorn d reiterarepeited e firsean th an t n i td tortoure th , pannell hes sufficiently purget the suspitiones, presumptiones, and all probatioun quhatsuevi saie th rd f againdeifaco d an dtm shi quhairupon e he wes tortouret, and hes evacuat the samyn, approvein his innocencie of the said fact and deid quhairupon he wes tortouret, and evineet the treuth thairof, in respect quhairof he aucht to be assoilzeit." This plea, after much learned discussion, was sustained; and although many additional arguments were adduce r ThomaSi y db s Hope Lore th , d Advocate, against it, the justices-depute and assessors adhered to their former deliverance, so that Tosh was discharged, being ordained, how- ever, in the words of Spalding, " to sit at the cross of Edinburgh with houria e spac th s tw heisome r myte f hi e sth efo o b d n e o rspeiche e sh spoked ha n again Marquess.e sth " Afte e fir f Frendraughth ro e e fortune th e tpowerfu th f o s l housf o e Crichton seemed to wane, and in no long time were extinguished. This partly arose from the adherence of the family to the cause of the Stuarts, and partly from the plunderings, wastings, lawsuits, and fines which resulted fro e firemth . The viscount accompanied the Marquis of Montrose in the last ill-fated 104 PROCEEDINGS OF THE SOCIETY, FEBRUARY ]0, 1873.

expedition which he undertook for his royal master. He was with him t Inverharroa w when Montros defeates Covenantine ewa th y b d g troops in 1650, and the great general's horse having been killed under him, he was remounted on that of the viscount. Lewis, the last viscount, wen Franco t joio et n Bang James VII. attainted s whicr fo wa , . e hh d ,an he died without issu 1698n ei . James e seconth , d viscount s marriewa , o Christiat d n Urquhart, daughter of Sir Alexander Urquhart of Cromarty. After his death, that lady was married to George Ttforrison of- Bognie, whose descendant now enjoys the barony of Frendraught. •Whil e Lairth e f Frendraugho d s thuwa ts plunged into mand yan various troubles s ladhi , y t Avawithouno s r trialshe t s wila , l appear fro followine mth g summar dealinge th Presbytere f yth o f so Strathf yo - bogie with her (Presbytery Book of Strathbogie, pp. xvi-xviii):— ".Afte e firee Lairth rth , f Frendrauchdo t remove s Houshi o f t do e Kinnairdie, the lofty remains of which are perched on a knoll rising abruptly fro e windinma haugth n o h g e Deveroribankth f o s , about three miles north-east from Frendraucht. The Lady.Frendraucht was at this house when she seems to have refused to attend the parish church of Abercherder. Her husband was, however, an active member of the covenanting forces in the district. After a conference with her minister, we find that the lady ' had resorted to the church, and promised so to continue.' She and her daughter, Elizabeth, are then summoned for not hearing the word, and not communicating. After a long interval, she is ordered ' to be dealt with,' and her final answer obtained. It was then reported, tha ' shot e promise heivord,o e t d rth ' -an endeavoun da r is to be made to get her ' to keip familie vorship vith the rest of the familie. agaie Sh n ' promise Generae hea o st worde th th rd an ,l Assembly is consulted about her. In answer to another attempt, she says ' she churce th o whicwilt o h t o r husbang l hhe d goes, whict withino e s hi n th bounde Presbyterth f o s f Strathbogie.o y e getSh s 'libert y froe mth Commissioners of the General Assembly to be ' ane ordinary hearer at Forgu time.a r n 1647I efo ' t ,i appear s thaHouse th t Frendrauchf eo t had been re-edified, thad livee an -sh t d there mosth etr 'part.fo n I ' ordaines i 1648 e e summonesh b , r avoweo dt he ' r ddfo papistrie, receit of masse priests,'- &c. In 1649, several steps are taken towards her NOTICE OF TWO ANCIENT SILVER CHALICES, ETC. 105

excommunication. She, however, afterwards attends family worshin pi her own family, and ' promised to heir sermon.' In September 1649 it is stated by the minister of Abercherder, that she had heard three sermons, thoughte h s a , , so sho d ean ' intende continoo t d hearer.e e wan Th ' Presbytery wer t satisfieeno d wit hearinr hthen,he d an gsermoa 'w no ' n and thought not ' that kynd of heiring satisfactorie,' and therefore require subscribo t r d he Covenante th e shoo t ,conformitr whe y wite hth Kirk of Scotland; this she refused to do, and her excommunication was ordere pronouncede b o dt n OctobeI . r 1649 promisee sh , d 'to tae kth Covenan consideand t same. the rMarc In ' h 1650 finwe ,d was thashe t ordinare fullit an ' no es e satisfievordheiree va t th f subscrr bu ,ro dfo y v- Covenante th g in tha d Laire vthed ,an th t dma r ministeri confero st r with her.' In June of the same year, she subscribed the Solemne League and Covenant, and abjured ' Poprie in the seuerall headis and articles in the National Covenant.' Abou a yeat r afterwards t i woul, d appear that another conference took place t whica , e satisfiehsh brethree dth n; but , in 1652 ' relapse fine d dw ,s ha thapoperie,o e dt wa sh t e thad sh ' an t' obstinate, declarin gr church e hirselou nonb f d she o o et ,an f e would neither bear hirself r suffeeno r hir daughter heareo st ; professing, more- over, that shoe repented of her former repentance more than of anie sinne that euer shoe committed thoughand , t sho reasoehad repennto hir all t lyfe tim subscryvinr efo Nationae gth l Covenan Solemd an t n Leagud ean Covenant.' She was ordered to be excommunicated." I ought to state that when James Crichtou presented the chalices in question to the church of Forgue, he 'at the same time made a like gift to the neighbouring parishes of Inverkeithny and Aberchirder, where parts s greaohi f t estate were situated e chaliceTh . s thus presented bear inscriptions similar to those of the parish of Forgue. "When the circumstances of the laird's position are considered, and s e periosufferingshi th f o d t i doe,t seeno sm unreasonabl supposo et e that the tragedy of the flrfe may have prompted him to the act, while his elevation to the peerage may have led the son to follow the example s fatheohi f r whe e presenteh n e massivth d e basin inscribed wits hhi arms. statey conclusionn ma i , I , tha populae th t r feeling burnine th n f so g o the tower of Frendraught were enshrined in a ballad which, as I can 6 10 PROCEEDING' SOCIETYE TH F SO , FEBRUAR , 187Y10 3

bear witness, continued to be sung till late times .in the district to a plaintive tune. According to Motherwell,1 the ballad "has a high degree of poetic merit, and probably was written at the time by an eye-witness of the event which it records ; for there is a horrid vivacity of colouring and circumstantial minuteness in the description of the agonies of the unhappy sufferers which none but a spectator could have given." On this last point a passage from Blakhall's Breiffe Narrative may be quoted. When speakin e Viscounth f o g t e MelguLairth f o d man Eothiemay saye h , s :— " The bein o windowa ytw t ga whilsd an , t their legges were burning, they did sing together ' Te Deum,' which ended, they did tell at the window that their legges being consoomed even to their knees, recom- mending their soules to God, and the nobleman his wyffe and chylde first to God and then to the king; the baron was not married. They t abl no stano et d longer, fell downe amon werd fir e t heargean th e no o dt say any more." (P. 125.) e firf Frendraugho eTh subjece poemo th tw s Arthui y f t sb o t r John- stone under the following titles :—" Querela Sophise Hayse Dominse de Melgein de morte mariti," and " De Joanne Gordonio vice-comite de Mel- gei t Joannene Gordoni Eothiemae od arcn yi e Frendriaca combustis."2 The version of the ballad by Motherwell is as follows:— eighteente "Th Octoberf ho , A dismal tale to hear, How good Lord Joh Eothiemad nan y Was both burnt in the fire. " When steeds was saddled and well bridled readrided o t r An ,yfo Then out came her and false Frendraught, Inviting them to bide. " Said—' Stay this night unti supe w l , more Th n unti dine w l e; 'Twill be a token of good 'greement 'Twixt your good Lord and mine.'

1 Minstrelsy Ancient and Modern, p. 161. Glasgow, 1827. 2 Delit. Poet. Soot. vol. i. pp. 585, 587. NOTICE OF TWO ANCIENT SILVEE CHALICES, ETC. 107

" ' We'l l turn again,' said good Lord John— ' But no,' said Rothiemay— steed'y M ' s trapan'd bridle'y m , s broken, fey.m I' 'y Ida feae th r

" When mass was sung, and bells was rung, boun bedmen dfor ,all And Then good Lord John and Bothieinay chambee on laids n I wa r.

" They had not long cast off their cloaths, asleepw no werd t —An ebu When the weary smoke began to rise, Likewise the scorching heat.

waken0 " ' , waken, Rothiemay, waken0 , brother dear, Saviourr ou o t turd u , nAn yo There is strong treason here.'

" When they were dressed in their cloaths, And ready for to boun; doore windowd Th l secur'san al s dswa rooe Th f tree burning down.

" He did him to the wire-window As fast as he could gang— stancheonse th hande n i th t Says—o st pu ,e Wa ' For out we'll never win.'

" When wire-window e stooe th h t da , Most dolefu e seenb • o t ,l He did espy her, Lady Frendraught, Who stood upon the green.

" Cried—' Mercy, mercy, Lady Frendraught, Will ye not sink with sin? r firsFo t your husband kille fathery dm , youw -no bur d son.s nhi An ' 8 10 PROCEEDING SOCIETYE TH F SO , FEBRUAR , 1873Y10 .

"the 0 spokt nou e her, Lady Frendraught, And loudly did she cry— t werI ' e great pity for good Lord John, But none for Rothiemay. But the keys are casten in the deep draw well, Ye cannot get away.'

" Whil stooe eh thin di s dreadful plight, .Most piteou seene h o st , Ther eservans callehi t dou t Gordon, As he had frantic been.

" 'O loup loup0 , , my dear master, 0 loup and come to me ; I'll catch you in my arms two, One foo I wiltt flee lno .

loup0 " ' loup0 , , my dear master, 0 loup and come away, I'll catch you in my arms two, t KothiemaBu liey .yma

" ' The fish shall never swim in the flood, Nor corn grow through the clay, fiercese th r tNo fire that evekindleds wa r , Twin me and Rothiemay.'

" ' But I cannot loup, I cannot come, I cannot win to thee ; My head's fast in the wire-window, My feet burning from me. -

" ' My eyes are seething in my head, My flesh roasting also, bowely M boiline sar g wit bloody hm , Is not that a woeful woe ?

" ' Tak e her ringe eth s frowhity mm e fingers, That are so long and small, givd e An Lad y them ymo t fair , Where she sits in her hall. NOTICE OF TWO ANCIENT SILVER CHALICES, ETC. 109

" S' o cannoI t loup cannoI , t come, I cannot lou theeo pt — My earthly part is all consumed, My spiri t speakbu t thee.o st '

" Wringing her hands, tearing her hair, His Lady she was seen, And thus addresse servans dhi t Gordon, Where he stood on the green.

" ' 0 wae be to you, George Gordon, dieu l yo deat, il y n hma A So stanu safsound yo ean d s da there , And my Lord bereaved from me.1

hid m hiba d loup mI " ba ' come I , , I bad him loup to me, I'd catch him in my arms two, A foot I should not flee.

ringe three th sH "e ' wfro whitm s mhi e fingers, Which wer lon o smalled s gan , To give to you his Lady fair, youn i t Wherr sa hall. u eyo '

" Sophia Hay, Sophia Hay, 0 bonny name r Sophihe s —awa Her waiting maid put on her cloaths, tore sh e t thewa m I oft f Bu again.

" And aft she cried, ' Ohon ! alas, alas, A sair heart's ill to win; I wan a sair heart when I married him, And the day it's well return'd again.' " 110 PROCEEDINGS OF THE SOCIETY, MARCH 10, 1873.

MONDAY, IQth March 1873. ARTHUR MITCHELL, M.D., Vice-President Chaire th n i ,.

Afte ballota r followinthe , g Gentlemen were duly elected Fellowof s Societye th , viz. :— JAME . BEVERIDGSA f BrucefieldEo , Esq., Belgrave Crescent. THOMAS HILL JAMIESON, Esq., Keepe Advocatese th f ro ' Library. JAMBS TAYLOR, D.D., Secretar Boare th Educatioo f yt do Scotlandr nfo . JOHN VEITCH, M.A., LL.D., Professo f Logio r c aud Rhetoric, Universitf yo Glasgow.

followine Th g Donation Museue th o Librart sd man y were e th lai n do table thankd an , s Donore voteth o dt s :—

(1.) By Right Hon. LORD ELIBANK, through Lieut.-Col. G. G. FRANCIS, F.S.A., Corr. Mem. S.A. Scot. f peculiarlo n Ur y elegant shap ornamentationd an e , foun cisa t n a ti d Darnhall notice s previoue a , th n di s communicatio Coloney nb l Francis, at p. 43 of this volume. It is of a brownish clay, fine in texture, and having almos e regularitth t d finisa wheel-mad an yf o h e vessele Th . ornamentation with which the whole surface is covered consists of a series of impressions as of the teeth of a comb disposed in horizontal or vertical band panelsr somn o si d e an ,part s presen o crosset s a reticulateo a ts d d appearance banA f .triangula o d r lozenge-shapeo r d indentations sur- round uppee th s e slightlr th part d an y, bulging middlvessee th f s i o le ornamented with panel-like spaces, alternately raised and depressed. Indented vase f almosso t simila differena rf formo t bu t, qualit waref yo , were manufactured by the Roman potters at Durobrivae, in Northampton- shire. N"o other specimen of an indented urn from a British burial is known. (2.Admiray B ) r ALEXANDESi l R MILNE, K.C.B., Inveresk. A Sarcophagu f whito s e marble inche9 2 , s 0 inchelon1 y gb s broad, and 17 inches in height. The top is roof-shaped, with projections at the corners, but otherwise it is quite plain. It was brought from the Necro- poli t Rhodessa . DONATIONS TO THE MUSEUM. Ill . WINTOURC . J y (3.B ) , Esq., A.E.S.A., through JAMES DRUMMOND, Esq., B.S.A., F.S.A. Scot. Two Globular Beads of Spar, £ inch in diameter, found in' a grave at Strathfleet, SutherlandsMre.

(4.) By PETER MILLER, Esq., F.S.A. Scot. Three Small Punches, found in taking down the Old Scottish Mint. They are 4 inches in length. One is intended for striking the figure of a crown ,smal o anothe e thir tw shielda th lf f do shieldd o r an , s placed side by side. MedaA n leai lr pewtero d , bearine obversth n e portraio gth e f o t Pope Gregory, wit inscriptioe hth n " GREGOHIUS XIII. PONT. MAX. AN . reversee th n O heaa , f slain" po I. , over who mdestroyina g angel with swor hann di d chase numbea s f fugitives o re legen th d dan , " VGONOT- TORUM STRAGES, 1572." This Meda Mintd alss Ol owa l e .founth n di

r JAMEM y (5.SB MILNE) , Photographer, Abhey House, Arbroath. Photograph Carveo Tw f dso Doo rAbbot' e iPanelk nth Oa f so House, Arbroath e showinon , a gfinel y executed n angelfigura e f otheo th e, r filled wit boldlha e Scotct steth y cu f m o h thistle.

r JAMEM y (6.SB )VEACOOK Eos1 4 , e Street. BraceleA t forme f Boarso d ' Tusks, strung together sid y sideb e , formerly worn by the higher classes in Owhyhee. A similar bracelet is e Museuth n i m amon e relicgth f Captaio s n Cook's expedition, which were presented in July 1781 by Sir John Pringle, Bart., having been given to him by Captain Cook's widow.

(7.) By W. M. WYLIE, Esq., F.S.A. Scot., the Author. exampln A f Phalereeo othed ean r Antiquities from Switzerland. 4to. Pp. 13. THOMAy (8.B ) S STRATTON, M.D. e Authorth , . Affinite Th y betwee Hebree nth w Languag Celtice th . d Thir&c ,ean d Edition. 8vo. 1872. 112 PROCEEDINGS OF THE SOCIETY, MARCH 10, 1873. (9.) By the Eight Hon. the MASTER of the EOLLS. The Black Admiralty e Booth f ko . Vol . I . Imp. 8vo. 1873. Calenda Statf ro e Papers. Ireland, 1603-1606. Imp. 8vo. 1873. (10. WILLIAy B ) M FALOONEH, M.D. e Authorth , . Dissertation on St Paul's Voyage from Ceesarea to Puteoli. Third Edition. 8vo. 1872. (11.) By the SOCI^T^ POLYMATHIQUB DE MOKBIHAN. Bulleti Socidta l e nd e Polymatluqu Morbihane d e , Premier Semestre. 8vo. 1872.

The following Communications were read:—