[lxx] THE BARONY OF ABERNETHY IN THE PARISH OF ABERNETHY AND COUNTY OF INVERNESS
As its name indicates, the barony of Abernethy is situated in the district surrounding the river Nethy, in the shire of Inverness, especially at or near its confluence with the Spey, of which it is a tributary stream. The See of Moray early planted a church there, and as far back as 1226 testimony of the occupation of the lands adjacent is found in the record of a dispute between the church and the proprietor or feuar of the estates around as to what was really church property. The latter was represented by James,, the son of Morgund, the former by Andrew, Bishop of Moray, and the dispute respected certain lands in the fee of Abernethy, in Strathspey, to wit, a piece of land at Coningas, now Congash, and another piece said to pertain to Abernethy; and also the sum usually paid to the Crown, in name of cain teinds, by the predecessors of James. The matter was thus arranged: James and his heirs were to be freed from all exactions made by the Bishops of Moray, or the Dean and Canons, and in return was to provide a suitable manse near the church, with a croft, extending to one acre, convenient thereto, and also to pay one mark sterling yearly, in token of the agreement being firmly and perpetually observed. Registrum Moraviense, p. 76.
Tradition relates that the barony of Abernethy formed part of the possession of the Comyns, Lords of Badenoch, who flourished in the thirteenth and the early part of the fourteenth century. The ruins of an ancient castle or peel still stand in Abernethy. It is called Castle Roy, or the Red Castle, and is usually connected, as so much in the entire district of Strathspey is, with traditions of the Comyns, being reputed one of their strongholds. Lachlan Shaw describes it as similar in construction to the castle of Old Duffus, which stood by the side of Loch Spynie, and to the old Castle of Rait, in the parish of Nairn. The former he describes as square in form, with walls about twenty feet high and five feet thick, and furnished with parapet, ditch, and drawbridge ; while within the square, [lxxi] buildings of timber were erected. against the wall, with stables and all necessary offices. History of the Province of Moray, third edition, vol. iii. p. 97. The author adds his opinion that these castles were erected as early as the time of King David the First; on which the editor of the third edition adds a note with the opinion of the late Cosmo Innes that the remaining masonry is not older than the end of the fourteenth century.
It has been asserted that upon the forfeiture of the Comyns, the lands of Abernethy were included in the earldom of Moray, erected by King Robert the Bruce, and bestowed by him upon his nephew, Sir Thomas Randolph. The charter of the earldom included all the King's lands in Moray as they had existed in the hands of King Alexander the Third, the last royal predecessor of King Robert, and among these were all the lands of Badenoch, Kincardine, and Glencarnie, Registrum Moraviense, p. 342. to which the lands of Abernethy were adjacent. (in the other hand, however, it is to be noted that the lands of Abernethy are not expressly named as included in the earldom of Moray as granted to Sir Thomas Randolph, and they do not appear to have formed part of the earldom of Moray granted by King Robert the Second on 9th March 1373 to his son-in-law, John of Dunbar, and Marion his spouse. From this grant of the earldom of Moray the lordships of Lochaber and Badenoch are excluded, with the barony and Castle of Urquhart. Registrum Magni Sigilli, p. 88, No. 309. In the Exchequer Rolls, Laurence le Grant, Sheriff of Inverness, credits himself in his accounts for the years 1263 and 1266, with twenty-four merks for the ward of the land of Abernethy - [Exchequer Rolls, vol. i. pp. 13, 19]. Abernethy, too, appears to have been at this time in the possession of John Comyn - and perhaps it had been one of the estates which remained to the Comyns on the forfeiture of their chiefs - as it was resigned by him at Montrose on 7th February 1381, in the hands of King Robert, and in presence of the Court. This fact is stated in a charter of the lands of Abernethy within the sheriffdom of Inverness, which formerly belonged to John Comyn, granted by King Robert the Second to his son, Alexander Earl of Buchan, at Perth on 7th October 1384. In this charter we have the first notice of the erection of the lands of Abernethy into a lordship. They were to be held of time Crown by the Earl of Buchan and his heirs and assignees in fee and heritage in one entire and free barony. Registrum Magni Sigilli, p. 176, No. 40.
The improbability of the barony of Abernethy forming a part of the [lxxii] earldom of Moray is further increased by the fact that when, on 12th June 1501, King James the Fourth bestowed that earldom on his natural son, James Stewart, he made to him on the same day a separate grant of the lands and lordship of Abernethy, which, as was the case with the earldom of Moray, in the event of the failure of heirs, were to revert to the King. Registrum Magni Sigilli, vol. ii. Nos. 2586, 2587.
From this Earl of Moray, John Grant, second Laird of Freuchie, obtained a grant of the lands and lordship of Abernethy in fen at a fixed annual rent of £40 Scots. This appears from a number of receipts for that amount of land maill for the lordship of Abernethy, paid between the years 1516 and 1578 to1 the Earls of Moray or their chamberlains. Original Discharges at Castle Grant. The Lairds of Freuchie had thus Abernethy in possession so early at least as the year 1516, one discharge Printed in vol. iii. of this work, p. 67 by James Earl of Moray referring back to that year, as one in which the rents of Abernethy had fallen due. When the earldom of Moray came into the possession of George Earl of Huntly in 1548-9, before it was bestowed by Queen Mary in 1561-2 upon her brother, James Stewart, afterwards the Regent Murray, it is probable that the superiority of the lordship of Abernethy was granted along with it. But the discharges referred to above show that the lordship, of Abernethy had been granted with the earldom of Moray to the Regent.
James Stewart, second Earl of Moray, Lord Doune and Abernethy, The Earls of Moray had by this time assumed the title of Lords Abernethy from these lands. who was the son of James, the "bonny Earl" of Moray, and Elizabeth Stewart, the eldest daughter of the Regent Murray, on 13th April 1609, entered into an arrangement with John Grant of Freuchie for the feu farming to the latter of the lands and lordship of Abernethy, Vol. iii. of this work, p. 406. for which the Laird of Freuchie was to pay a sum of money. In return, he obtained a charter of the same date, granting to him the lands and lordship of Abernethy, with the manor place thereof woods, and all other pertinents, irredeemably, and without any condition, provision, or obligation of reversion or redemption whatever. For this the Lairds of Freuchie were to continue to pay annually to the Earls of Moray, as their lords superior, the sum of £40 Scots, which was just the sum they had been paying as [lxxiii] feu-duty since their first occupation of the lands. The charter was con firmed by King James the Sixth on 17th June the same year, Vol. iii. of this work, p. 407 and the Laird was infeft on 1st August. Old Inventory at Castle Grant.
The grant of the lordship of Abernethy thus made by the Earl of Moray did not comprise all the barony as possessed by the Lairds of Freuchie, but only the upper portion of it. The lower portion, which included the davochs of Gartinmore, Riemore, and Tulloch, was acquired in 1606 by John Grant of Freuchie from George, Marquis of Huntly, by way of excambion for the lands of Blairfindy and others in Strathavon. At the time the exchange was effected, a servitude was imposed on the Laird of Freuchie whereby timber might be taken from the woods of Abernethy for the repair of the Marquis's houses; but this right was afterwards bought up. The Contract of Excambion is dated 11th September 1606. Inventory at Castle Grant.
The lands and lordship of Abernethy were divided into a number of davochs and smaller portions, the chief of which were the half davoch of Culnakyle, where the Lairds of Freuchie and Grant had a pleasant summer residence, the Auldtoun of Abernethy, Glenbrown, Belliefurth, Auchernach, Clachaig of which one-fourth was called Lurg, Lettoch, Riemoir, Easter and Wester Tulloch, and Gartinmore. The following curious custom is said to have obtained in Abernethy in former days. When any disease broke out among the cattle of a davoch, the fires in all the dwellings of that davoch had to be extinguished. This was supposed to aid in stamping out the disease. The fires were afterwards rekindled by the rubbing of sticks against the cupples of the byres in which the diseased cattle were kept. Among these should also be included Glenlochy and Congash, both of which were formerly included in the barony of Freuchie, but, being locally in Abernethy, occupy a place among the Abernethy lands in later rentals.
Among the wadsetters of Abernethy, there were several families of considerable importance, including that known as the Clan Allan, the chief of which was Auchernach. Others were Gartinmore, Tulloch, Lurg, Glenlochy, and Lettoch.
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Volume I Introduction (vii) |
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