S^OTflSIl ;| piSTOMy . j SOCfETY"-::;! Jcs.S-HS. 173 SCOTTISH HISTORY SOCIETY FIFTH SERIES VOLUME 14 Miscellany XIII MISCELLANY XIII EDINBURGH printed for the Scottish History Society by LOTHIAN PRINT, EDINBURGH 2004 CONTENTS ABBREVIATIONS v Eight thirteenth-century texts edited by W.W. Scott 1 Dunfermline gild court book, 1433-1597: missing folios edited by E. Patricia Dennison 42 A memorandum on the customs, 1597 edited by Athol L. Murray 66 The trial of Geillis Johnstone for witchcraft, 1614 edited by Michael B. Wasser & Louise A. Yeoman 83 An early seventeenth-century Scottish conversion narrative edited by David G. Mullan 146 Fiscal Feudalism in seventeenth-century Scotland edited by Julian M. Goodare 189 Witchcraft cases from the register of commissioners of the privy council of Scotland, 1630-1642 edited by Louise A. Yeoman 223 John Hay, earl of Tweeddale, ‘Relatione of the wrangs done to the Ladie Yester, 1683’ edited by Maurice Lee, Jr 266 Colin Maclaurin’s Journal of the ’Forty-five edited by Bruce A. Hedman 312 INDEX 323 ABBREVIATIONS APS The Acts of the Parliaments of Scotland, eds. C. Innes & T. Thomson Arb. Lib. Liber S Thome de Aberbrothoc (Bannatyne Club, 1848-56) AV Authorized version BL British Library Books of Assumption The Books of Assumption of the Thirds of Benefices, ed. J. Kirk (British Academy, 1995) Bower (Watt) Bower’s Scotichronicon, ed. D.E.R. Watt et al (1987-1998) C.A. Chrs Charters of the Abbey of Coupar Angus (SHS, 1947) CDS J. Bain, (ed.), Calendar of Documents Relating to Scotland (1881-8) Cold. Cart. Cartulary of the Cistercian Priory of Coldstream (Grampian Club, 1879) CPL W.H. Bliss et al. (eds.). Calendar of Entries in the Papal Registers relating to Great Britain and Ireland (1893-) Crail. Reg. Register of the Collegiate Church of Crail (Grampian Club, 1877) CSP Scots Calendar of the State Papers relating to Scotland and Mary Queen of Scots, 1547-1603, 13 vols., eds. J. Bain et al., (Edinburgh, 1898-1969), x, 522. CSSR, v J. Kirk et al. (eds.). Calendar of Scottish Supplications to Rome 1447-1471 (1997) Dryb. Lib. Liber S Marie de Dryburgh (Bannatyne Club, 1847) Dunf. Reg. Registrum de Dunfermelyn (Bannatyne Club, 1842) ER The Exchequer Rolls of Scotland Glas. Reg. Registrum Episcopatus Glasguensis (Bannatyne and Maitland Clubs, 1843) GUL Glasgow University Library Handbook of British Chronology E.B. Fryde et al., (eds.), Handbook of British Chronology, 3rd ed. (1986) HMC Reports of the Royal Commission on Historical Manuscripts (London, 1870-) HMC, Buccleuch and Report on the MSS of the Duke of Queensberry Buccleuch and Queensberry, eds. Sir W. Fraser & W. Scott, 2 vols. (London, 1897-1903) HMC, Mar & Kellie Historical Manuscripts Commission, Report on the Manuscripts of the Earl of Mar and Kellie, 2 vols., ed. H. Paton (London, 1904-30). vii Inchaff Chrs Charters, Bulls and other Documents relating to the Abbey of Inchaffray (SHS, 1908) Kel. Lib. Registrum cartarum Abbacie Tironensis de Kelso, 1113-1567, ed, C., Innes, 2 vols. (Bannatyne Club, 1846) Lind Cart Chartulary of the Abbey of Lindores (SHS, 1903) Mel Lib Liber Sancte Marie de Melros (Bannatyne Club, 1837) Moray Reg Registrum Episcopatus Moraviensis (Bannatyne Club, 1837) MRHS LB. Cowan & D.E. Easson (eds.), Medieval Religious Houses Scotland (1976) NAS National Archives of Scotland Newb. Reg. Registrum S. Marie de Neubotle (Bannatyne Club, 1849) NLS National Library of Scotland OS Ordnance Survey Pais. Reg. Registrum Monasterii de Passelet (Maitland Club, 1832) Raine, North Durham J. Raine, The History and Antiquities of North Durham (1852) viii RCRB Records of the Convention of the Royal Burghs of Scotland, ed. J.D. Marwick (Edinburgh, 1890) RMS Registrum Magni Sigilli Regum Scotorum Rot. Scot. Rotuli Scotiae in Turri Londiniensi et in Domo Capitulari Westmonasteriensi Asservati edd D Macpherson et al (1814- 1819) RPC Register of the Privy Council of Scotland RRS G.W.S. Barrow et al. (eds.), Regesta Regum Scottorum (1970-) Scone Liber Liber Ecclesie de Scon (Bannatyne and Maitland Clubs, 1843) Scots Peerage J. Balfour Paul (ed.), The Scots Peerage, 9 vols. (Edinburgh, 1909-1914). SHR Scottish Historical Review SHS Scottish History Society Soutra Chrs Charters of the Hospital of Soutra in Charters of the Hospital of Soltre, the Trinity College Edinburgh and other Collegiate Churches of Midlothian (Bannatyne Club, 1861) SRS Scottish Record Society StA. Lib. Liber Cartarum Prioratus Sancti Andree in Scotia (Bannatyne Club, 1841) Stevenson, Documents J. Stevenson, ed.. Documents Illustrative of the History of Scotland (1870) Stones, Documents E.L.G. Stones, ed., Anglo-Scottish Relations: Some Selected Documents (1965) TRHS Transactions of the Royal Historical Society Yester Writs Calendar of Writs preserved at Yester House 1166-1503, eds. C.C.H. Harvey & J. Macleod (SRS, 1931) EIGHT THIRTEENTH CENTURY TEXTS edited by W.W. Scott INTRODUCTION The title of this collection uses the word ‘texts’ deliberately. Four of the documents are charters, but the others, as they survive, are memoranda, two of them very short. ‘Text’ is a useful portmanteau to hold them all. Items 1-7 come from the collections of the National Library of Scotland and are reproduced here with the kind permission of the Trustees and the Librarian. Nos 1-2 came to the Library by purchase; no 7 was discovered in the deposited Lockhart of Lee and Camwath collection. Nos 3-6 come from the earliest registrum of the bishopric of Glasgow, now NLS Acc 10301 no 1. The credit for their discovery belongs to Dr John Durkan, who detected four unfamiliar texts while examining an eighteenth century transcript of the Glasgow registers.1 A search of the two earliest manuscript registers soon showed that they were there too. Why they were not printed in 1843 in the Registrum Episcopatus Glasguensis is an unsolved mystery, but it might be noted that three other documents were nearly omitted in that edition.2 Item 8 comes from a collection of transcripts and notes of Dryburgh Abbey documents in the Scott of Harden deposit in the National Archives of Scotland, and is reproduced here by kind permission of the Rt Hon the Lord Polwarth. Each text says something of interest about Scotland in the thirteenth century. When they, or parts of them, can be related to others, that is done. More detailed comment might have been offered here and there. But Scotland is not well provided with thirteenth century material and it seemed right to use an opportunity to enlarge the corpus of printed documents and present them now to a wider 1 2 Glasgow University Library, MS Gen 1245. Registrum Episcopatus Glasguensis (Bannatyne & Maitland Clubs, 1843), i, ci-cii. 2 MISCELLANY XIII public for further use, rather than wait for an even more elaborate presentation. Text 1 In the first text Richard of Beaumont grants to David, son of Hugh White of Haddington, the lands of ‘Caplawin’ (Caiplie, to the west of Crail, Fife) and three bovates in the field of‘Ratheruch’. The marches are set out in detail. The grant is in feu and heritage to David and his heirs, or to him and his assignees. It is exempted from a range of secular duties, including suit of court. The annual rent is twelve pence, to be paid on Whitsunday at Crail. The granter warrants the land to David, his heirs or assignees. An inquest at Perth on 31 May 1305 delivered that Alexander II had given to Richard of Beaumont the barony of Crail with its pertinents. Richard had then pledged the property to Walter the Steward of Scotland, who advanced money for Richard’s journey to the Holy Land and enjoyed the cain (in this case, fishing rents) of the property as long as he held it. After the deaths of Richard and Walter the barony escheated to Alexander III and was recovered from him by Walter’s executors until the end of the lease.1 The statements of this inquest do not all fit very well with what the charter says, but taking them together enables a possible course of events to be deduced. During her lifetime Ermengarde of Beaumont, the queen of king William the Lion, had held Crail. After her death on 11 February 1233 the estate, being part of the royal lands, would normally have come into the king’s hands again. The Richard of Beaumont to whom it was then said to have been granted can be taken to be a nephew or great- nephew of the late queen. The charter itself, showing that Richard was able to dispose of the land, confirms that, even some seventy years after the event, the inquest of 1305 was correct when it recorded that Crail had been granted to him. Why the grant was made is not known; it was unusual for royal lands to be alienated in this way. So far as one can tell, the queen was a forceful lady (in the late fifteenth century there were lingering beliefs of her alleged influence over Alexander II) and she may have left a bequest.2 That is speculation, but it is clear that, however J. Bain (ed.). Calendar of Documents Relating to Scotland {\%%\-%), ii, no. 1670. J. Kirk et al. (eds). Calendar of Scottish Supplications to Rome 1447-1471 (Edinburgh, 1977), no 869; Bower’s Scotichronicon, ed. D.E.R. Watt et al., 9 vols. (Aberdeen-Edinburgh, 1987-1999), iv, 467-469, 633. EIGHT THIRTEENTH-CENTURY TEXTS 3 Richard had acquired the lands, their alienation by him had been considered at the very highest level. A grant of royal lands was usually confirmed by royal charter. There is not known to be one in this instance but the ten witnesses of Richard’s charter all appear, some very often, as witnesses of the acta of Alexander II.