"The Chiefs of Grant" (1883) by Sir William Fraser
Volume I, Chapter 9

JAMES GRANT, THIRD OF FREUCHIE. ELIZABETH FORBES, HIS FIRST WIFE. CHRISTINA BARCLAY, HIS SECOND WIFE. 1528 - 1553.

[96] On the death of John Grant, second of Freuchie, in 1528, the baronies of Freuchie, Urquhart, and the other now widely-spread territories of his family, were inherited by his son and heir, James Grant, who became the third Laird of Freuchie. Like his father, this Laird added to the family estates, although some of his new acquisitions could not be maintained. Indeed, he had difficulty in retaining peaceful possession of the barony of Urquhart, as will be seen in the course of his memoir. He was also closely associated with the Earl of Huntly in reference to his rule in the northern counties, and they had many transactions about the exchange of estates and the pacification of the Highlands.

During the lifetime of his father, James Grant does not appear to have come very prominently forward. His first transaction, as gathered from the muniments, was a bond of manrent, already casually referred to, given by him to his uncle, Alexander Ogilvie of Deskford, on 19th April 1514. vol. iii. of this work, p. 59. The general terms of this bond were those common to bonds of that character, but contained a special clause of some interest. James Grant bound himself "specialie aganis the Clanquhattane gif thai invayd or puttis at his (Ogilvie's) landis, hous of Dawe (Daviot), himself or ony of his seruandis," to resist and defend the lands arid others with his full power. This obligation may have been dictated by the ties of near kinship to Ogilvie, but the more immediate cause of such a special bond was no doubt the raid made by the Mackintoshes upon the Ogilvies, known as "the second hership of Petty." This raid was headed by Dougal Mackintosh, called Dougal Mor, and his son, and was made to regain for [97] their clan their original possession of Petty, which, since the annexation of the earldom of Moray to the Crown, in 1455, had been held from 1495 by the Gordons, and afterwards by Sir William Ogilvie of Banff. The Mackintoshes and Clan Chattan, by A. M. Shaw, p. 182. In the royal letters of summons, issued in 1516, against the Mackintoshes, he is called Sir William Ogilvie of Stratherne (Strathnairn). He had only held Petty for about two years, when his place of Halhill or Petty was attacked, and a large booty carried off.

Between 1514 and 1527 nothing can be learned regarding James Giant, but in the latter year, as the future chief of the Grants, he was a party to the agreement of 8th October 1527 with the Farquharsons and Crown tenants of Strathdee, narrated at length in the memoir of his father. During the same year, James Grant, younger of Freuchie, is named in another agreement of the same nature made with the tenants in Strathdee of the king, the Earl of Huntly, and of James Gordon of Abergeldie. Vol. iii. of this work, p. 70. At a later date, on 19th January 1538, another agreement was made, by which James Grant of Freuchie arid others made payment to the Farquhar sons of a sum of 800 merks as compensation for spoliations. Original Instrument at Castle Grant.

In these tribal agreements the names of the tenants of Strathdee, and those who may be presumed to be the Clan Farquharson, are given at some length, but only the Laird of Freuchie and three or four other Grants are named as representing "lye Clan de Grauntis," as it is called. As this is the first occurrence in the Grant muniments of the word "Clan" as applied to the Grant family, it is a matter of interest to know how it was composed.

As the territories of Stratherrick and Inverallan, the tenants of which might have come in Highland fashion to be accounted a clan, passed into the hands of female heirs, and were lost to the name of Grant, there was no opportunity for the formation of a patriarchal or clannish relation between the Grants and their followers until the time of Sir Duncan Grant of Freuchie. Under him the Grants first acquired lands which remained permanently in their possession. But as the family territory increased, and was consolidated into various baronies in the hands of John Grant the second of Freuchie, his grandson and successor, it was [98] more probably during the long life of this laird that the "clan" properly so called became fully formed. Surrounded, as was Sir Duncan Grant. and still more his grandson, with his larger possessions, by Highland clans or septs, each member of which was ready to follow the chief of his name, and avenge his quarrels with any neighbouring proprietor by harrying cattle and corn, it was natural that though not themselves of Celtic descent, the Grants should yet be gradually induced to adopt the Celtic customs, and encourage their tenants and vassals to look up to them as chieftains. To this the tenants and vassals, being in many cases Celts, would readily conform, and thus would arise the Clan Grant, which, from the extent of the family territory, soon grew powerful enough to cope with the older Highland clans in its neighbourhood.

In support of this theory, it may be shown that the minor members of the clan were at first not Grants, but natives bearing names of Celtic origin. That this was so in Urquhart is proved by a letter of composition issued by the High Treasurer of Scotland, dated 10th July 1510, shortly after the Laird of Freuchie received these lands in feu from the Crown, in which a number of the tenants in the lands of Urquhart are specially mentioned by name, and their patronymics are wholly Celtic. Vol. iii. of this work, p. 57. Further. on 13th February 1527, letters under the Great Seal were issued by King James the Fifth, remitting to John Grant of Freuchie and others their offence in not mustering with the Scots army which marched in 1523 against England, under the command of John, Duke of Albany. These letters are of a date contemporary with the tribal agreements in which the Clan Grant is named for the first time. The persons named in the letters are John Grant of Freuchie, James Grant, his son and apparent heir, William Grant, brother of John of Freuchie, John Grant, natural son of the Laird of Freuchie, Malcolm Grant, Patrick Grant in Ballindalloch, and John Grant, the younger son of the Laird. These are all the Grants properly so called, but besides these are a number of names more or less Celtic in form, one or two of which suggest that the name of Grant was being used as a patronymic. Ibid. p. 72 This fact is noteworthy when these letters are compared with another document dated ten years [99] later, an instrument narrating the induction of a minister to the parish of Duthil or Glencarnie in 1537, in which the parishioners are named to the number of fifty-nine, all of wham have Celtic names. Original Instrument at Castle Grant. Thirty years later, on 9th July 1569, a Remission by King James the Sixth to the Clan Grant enumerates fort-seven names of persons, all named Grant, and all, with three exceptions, residing in Duthil, or near Freuchie, on the north bank of the Spey. Vol. iii. of this work, p. 137. This seems to prove either that the Grants, properly so called, had multiplied greatly between 1527 and 1569, or else that the Celtic tenants had, in some cases, adopted the name of their chief. This last statement is so far warranted by the terms of a document, dated 19th July 1537, in which the granter is designed "John McConquhy, in Garthrynbeg," his seal also bearing the legend, "S. Joannis Makconoch . . ."; and in 1581, in a writ indorsed on the same document, his son describes himself as "Duncane Grant in Gartinbeg, sone and air to vmquhill John Makconachie Grant in Gartinbeg." Original Document at Castle Grant. Here the name of Grant seems to have been adopted as a surname in addition to the patronymic of McConquhy previously used, and no doubt there were other eases of the same kind. There is in the muniments of the family no mention of a Clan Grant prior to the documents of 1527 and 1528 above referred to.

James Grant of Freuchie received from King James the Fifth, on 24th December 1529, a gift of the non-entry duties payable from the Crown lands of Glencarnie, Ballindalloch, and Urquhart. Vol. iii. of this work, p. 73. Confirmations of the feu-charters of these lands were also given in due form, but a question arose betwixt the Crown and the feuar as to payment of the feu-duties of Glencarnie and Ballindalloch. As already related in the Introduction, for sixteen years previous to 1529, or from the death of King James the Fourth, the Crown rents of these lands had been paid not to the Crown, to whom they were due, but to James Stewart, a natural brother of King James the Fifth, who, in 1501, was created Earl of Moray. After the king's death at Flodden, when the kingdom fell into confusion, the Crown lands came into the hands of those nobles who had charge of the young king. They used the Crown patrimony to support their own party, and [100] in such wise, no doubt, the Earl of Moray claimed and received payment of feus from lands nominally within his earldom, which ought to have been paid into the Royal Treasury.

When King James the Fifth assumed the reins of government in 1528, he took measures to repair the dilapidations of the Crown patrimony, and to recover the non-entries, feu-duties, and other casualties due to the Crown. Among these were the feu-duties of Glencarnie and Ballindalloch, in regard to which the king brought an action before the Lords of Council for the recovery of arrears, and for declaring the lands forfeited. Decree was given on 30th March 1530, when James Grant of Freuchie was decerned to pay £71 of yearly rent for each of the sixteen years preceding the year 1529, and £71 for the rent of the year 1529. In consideration, however, of a writ under the Privy Seal, providing that the Laird of Freuchie should suffer no prejudice in regard to payment of arrears, but that he should pay a composition, Vol. iii. of this work, p. 74. the defender in the action was assoilzied from the petition of the summons as to forfeiture, and action was reserved to him against the Earl of Moray. This decree was confirmed by the king on 2d April 1532. lbid. p. 75.

The Laird of Freuchie went to Edinburgh to plead his cause in person, a fact to which no doubt the royal permission refers, in which liberty was given to him, in 1530, to go to any part of the realm on his lawful business. Registrum Secreti Sigilli, vol. viii. fol. 149. He paid the sum in which he had been found liable, in the August following the decreet, and received a discharge from the high Treasurer for 1700 merks, in full of the amount at his debit in "the chekker rollis." Original Instrument at Castle Grant, dated 23d August 1530.

The accounting with the Earl of Moray had next to be arranged. On 28th March 1530, in reference to the king's claim and the proceedings following thereon, the Laird of Freuchie had made a solemn protest against the Earl of Moray, demanding redress and relief for the arrears of feu duty improperly paid to the Earl, in response to which the latter, on 21st June 1530, entered into a bond with the Laird of Freuchie. From this document it appears that the Laird had bound himself to be "man and servand" to the Earl for life, in return for which the Earl obliged himself, with all [101] possibill power and diligens," to aid the Laird in enjoying the lands of Glencarnie. The Earl agreed to solicit the king to give to James Grant all right or title he might have to the lands of Glencarnie, owing to non-payment of the feu-duties, and to renounce all right the Crown might have to the lands over and above the annual feu. The Earl of Moray also renounced all claim he himself might have to the lands in question, excepting to the annual fen-duty, and further obliged himself to procure from the Crown a discharge of the arrears of rent "intromettit be ws sen the feld of Flovden." This bond is signed at Elgin. Original Bond at Castle Grant.

In the end of the year 1528, the Clan Chattan, then under the leadership of Hector Mackintosh, had become so troublesome to their neighbours in the lowlands of Moray, that a royal mandate was issued for their extermination. It was directed to the Earls of Sutherland and Caithness, Lords Forbes and Fraser of Lovat, the captain of the Clan Cameron, and others, who were commanded to pass "all at anys . . . upon the said Clanquhattane, and invaid thame to thair vter destructioun, be slauchtir, byrning, drowning and vther wayis; and leif na creatur levand of that clann except preistis, wernen and barnis." The women and children were to be shipped to Norway. Spalding Club Miscellany, vol. ii. pp. 83, 84. John Grant of Freuchie is named as one of the executors of this sanguinary commission, but as he had died before it was granted, the office fell to his son. Had the commission been acted upon to the letter, the Clan Chattan would have been exterminated, but the chiefs and barons, to whom it was intrusted, were slow to execute it. Not withstanding that this commission was still hanging terrorem over their heads, the Mackintoshes had, in 1531, a second time attacked and despoiled the tower of Halhill, in Petty, belonging to Ogilvie of Strathnairn, and three years later, in 1534, the same clan destroyed the castle and place of Daviot, also belonging to the Ogilvies. Time Laird of Freuchie, during his father's lifetime, had, as already stated, given a bond of manrent to assist in defending Daviot against the Clan Chattan, but it would seem that lie had not only failed to do this, but had aided and abetted the aggressors. For this crime he, with John Grant of Ballindalloch and John Grant of Culcabock, found surety for the sum of 1000 merks to underlie the law at Inverness. This [102] surety was granted at Inverness, on 11th May 1536, and the crime charged was that they were art and part in the assistance given to Hector Mackintosh and others at the besieging of the house of Daviot; the treasonable burning of the buildings; the slaughter of twenty persons, men, women, and children; the "hership" of the grain, cattle, etc., to the value of £12,000 Scots; and the resetting and assisting Hector and his accomplices after they were denounced rebels. Invernessiana, by Mr. Fraser-Mackintosh, p.206.

It does not, however, follow, nor is there much evidence to show, that the Laird of Freuchie himself had any active share in this raid; but no doubt some of his tenants or others, for whom as chief he was responsible, were guilty, and he was thus made their surety in the eye of the law. Another explanation is that he had failed in his duty as laid down in a warrant, signed by King James the Fifth on 13th May 1534. The king charges the Laird of Freuchie to aid the Earl of Huntly, Lieutenant-General, against Hector Mackintosh and his accomplices, and to invade them "be slauchtir, heirschip and fyir," taking their goods as a reward. Vol. ii. of this work, p. 1.Hector Mackintosh is said tu have married a daughter of James Grant. The Mackintoshes and Clan Chattan, by A. M. Shaw, p. 197. No evidence has been found as to this; but as there was an old kinship with the Mackintoshes, the Laird of Freuchie was probably not very active in carrying out the royal warrant. That his tenants abetted the marauders may, however, readily be surmised, and in this case some Urquhart men seem to have been among the defaulters, as on 26th November 1534 a composition was granted to certain parties residing there, for the old offence of absence from the host at Solway (in 1523), and for other crimes, supply and assistance given to Hector Mackintosh being excepted from the remission. Vol. iii. of this work, p. 77. The offence of remaining absent from the army, which, under the Duke of Albany, besieged for a short time the Castle of Wark, seems to have been more than once used as a plea for exacting fines. The army was mustered in October 1523, and was only a few weeks in the field, yet in 1527 a remission was issued to the Laird of Freuchie and others; and again, on 22d July 1535, Ibid. the Laird had remitted [103] to him the same, as well as later offences. This later document, however, was more ample, in that it not only pardoned the Laird's own misdeeds, but inhibited others from annoying him. Yet the royal pardon was not granted without a clause hinting at sufficient satisfaction, which was duly made in the substantial form of £1000 Scots, for which the king granted a discharge on 3d January 1535-6. Vol. iii. of this work, p. 80. Between the date of the ample remission referred to and that of the payment of the money, the Laird of Freuchie received a letter under the king's Privy Seal, granting to the Laird for his lifetime, and to his "kynnismen, freyndis, houshald men, tenentis, seruandis and inhabitantis of his landis of Strathspey, Strathovne, Mulben, Urquhard, and all vtheris his landis," the privilege of exemption. from appearing in any court, except the Court of Session in civil actions, and the Lords of Justiciary in criminal causes, and discharging the judges and officers of all inferior courts from summoning the Laird or his kinsmen for any reason whatever. Vol. ii. of this work, pp. 1, 2.

Probably owing to the question as to payment of the feu of Glencarnie, James Giant was not formally infeft as heir of his father in any of his lands for nearly five years after his father's death in 1528. The lands of Tullochgorm, Curr, Clurie, Tulloch, and a half of Dalfour, in the lordship of Badenoch and shire of Inverness, were held of the Earl of Huntly. Margaret Lady Gordon became the superior of these lands for her jointure or terce. As Lady of Gordon and Badenoch she granted a precept of clare constat for infefting James Grant as heir to his father, which bears date at Bog o' Gight, 20th March 1532. Vol. iii. of this work, p. 76. Infeftment in other lands was even longer postponed. On 1st August 1535, by an agreement between him and .John Grant in Ballindalloch, the Laird of Freuchie became bound to make up his title to the lands of Glencarnie and Ballindalloch before the following Easter, and thereafter to infeft John Grant and his heirs in Ballindalloch in the usual form. Ibid. p. 78. This contract was eventually fulfilled, though not within he period named. James Grant was retoured as heir to his father in the lands of Glencarnie and Ballindalloch. The retour is not preserved, but the king's precept of sasine following upon it is dated 27th February 1537, and [104] infeftment was given at both places-at Ballindalloch on 24th, and at the principal messuage of Glencarnie on 26th April the same year. Original Instruments of Sasine at Castle Grant. On 3d October 1536, by an Inquest held at Inverness, the Laird of Freuchie was duly retoured heir to his father in the lands of Freuchie, with the castle and fortalice of the same, and other lands of the barony of Freuchie; also in the castle and lands of the lordship of Urquhart, both Urquhart and Freuchie lying in the sheriffdom of Inverness. Vol. iii. of this work, p. 80. Some delay, however, took place in completing the title, as infeftment was given so late as 1538, at the Castle and fortalice of Urquhart on 4th June, and at the castle and fortalice of Freuchie on 7th June in that year. Original Instruments of Sasine at Castle Grant. The lands of Freuchie were held by the old tenure of ward and relief: and the lordship of Urquhart by paying a yearly feu-farm of £46, 6s. 8d. Scots. On 7th July 1537, the Laird of Freuchie was infeft in Nether Auchroisk in Cromdale, on a precept of clare constat from Thomas Nairn, baron of Cromdale; and on 28th July 1539, at Elgin, the Laird was retoured heir to his father in the half-town and lands of Mulben and others, lying in the sheriffdom of Elgin.

No reference to a castle or fortalice at Freuchie is found in the muniments of the family prior to the retour of 1536. When John Grant, the second of Freuchie, was infeft as heir to his grandfather, Sir Duncan Grant, in 1489, the sasine was given upon the soil of the lands. Vol. iii. of this work, p. 38. In the Crown charter erecting Freuchie into a Barony, no allusion is made to a castle, of which, had such existed, special mention would have been made. Ibid. p. 41. Further, Freuchie lay in Inverness-shire, while in 1510 the then Laird of F1reuchie is described as residing in Elginshire. Ibid. p. 57. This may mean that he resided on some part of Glencarnie, which was in the shire of Elgin, but of this no evidence exists; and it is also worthy of note that no document extant, executed by the Lairds of Freuchie as principals prior to 1536, or indeed for some time after that date, is dated at Freuchie, or anywhere in Glencarnie.

The precept by Sir Duncan Grant of Freuchie for infefting Douglas of Pittendreich in the lands of Sheriffston, is dated on 25th September 1475, [105] at Elgin. Vol. iii. of this work, p. 32. The contract of marriage in 1484 between John Grant, second of Freuchie, and Sir James Ogilvie, was made at Huntly's residence of Bog o' Gight. ibid. p. 35. The contract for the marriage of the Laird of Freuchie's daughter with Thomas Cumming, younger of Ernside, in 1508, is dated at Altyre. Ibid. p. 47. The contract between Alexander, Earl of Huntly, and the Laird of Freuchie in 1514 as to the lands of Auchinniss is dated at Huntly. Ibid. p. 59. The indenture between the Laird of Freuchie and the chief of Clan Cameron in 1520 is dated at Urquhart, Ibid. p. 64. then in the hands of the former, and this is the first document executed by any Laird of Freuchie at any residence which is known to be his own. It is probable, therefore, that the castle of Freuchie was only being built, and not quite finished in 1536, as, although sasine was given at it in 1538, there is no evidence of residence until 1551, all documents signed by the Lairds of Freuchie in the interval being dated at Elgin, Kinloss, Inverness, or Conwent (Convinth). This Laird of Freuchie was the first who resided in the castle. He dates a bond, of maintenance to John Grant of Ballindalloch from Freuchie on 1st May 1551: Ibid. p. 103. he made his will there at "his castle of Freuchie," also called "his place of Ballacastell," on 1st June 1553, Ibid. pp. 108, 110. and he died there on 26th August the same year. As a specimen of Mr. Chapman's compilation on the history of the Grants, his account of Ballachastell and Freuchie may be noted. He states that the barony was acquired by And Law or Allan Grant, representative of Henning Grant's family, as a "tochar" on his marriage with Mora Macgregor, daughter of Neil Macgregor, who was lineally descended from Gregorius Magnus, King of Scotland. It is added that Patrick Grant of Freuchie and Ballachastell was the representative of that marriage, that he was born about the year 1020, and that his eldest daughter Wishella married Duncan II., 88th King of Scotland, in the eleventh century.-(Print of 1876, pp. 10, 11.)

In the retour of 1536 the valued rental of the lands round Freuchie, t that is, Freuchie, the two Culfoichs, Auchnagall, Dalfour, the two Con gashes, Glenlochy, etc., is first stated. It was estimated at the time of the retour £48 yearly, and in time of peace at £24 yearly of Scots money. Considering the proportionate value of money in those days as compared with the present, and that Urquhart was in 1517 valued by its proprietor at a free rental yearly of about £160 of victual alone; Vol. iii. of this work, p. 63. estimating further the value of Glencarnie and Ballindalloch in proportion to the feu paid to the Crown, as about £200 Scots yearly, and adding the valued rental of [106] Freuchie and Mulben as above, it will be seen that the Laird of Freuchie must have been one of the wealthiest proprietors of his time, and able to wield no inconsiderable influence.

Questions between churchmen and their vassals were of frequent occurrence in the time of this Laird. Although it will be presently shown that he was in favour with churchmen, lie had a dispute in the year 1539 with his neighbours the Black Friars, Dominicans or Preaching Friars, of Elgin, but what the precise point was cannot now be ascertained. To enforce the matter the friars had obtained letters from the Crown, and on 5th December 1539 the Laird of Freuchie went to Elgin, and formally requested from John Forsyth, the king's macer, a copy of the royal letters, that "he might be able duly to obey the said letters in all points." He further declared his readiness, as "an obedient son and servant" of the king, to obey the force and effect of the letters to the utmost. He utterly denied that he had any personal interest with the dwellers and tenants labouring and occupying the kirk lands belonging to the friars; and with regard to anything the friars might justly and duly require of him, he was prepared to obey and submit to the letters, according to their tenor, to the utmost of his capacity, and to be charged with the execution of the affair at any time. The Laird of Freuchie further asserted, that for this very end he had come to Elgin after the publication of the king's letters, and with no other business in view, and he solemnly made protest that the publication of the king's mandate should be no prejudice to him in the future, because he had not been able to have a copy of the letters themselves. Vol. iii. of this work, p. 82.

The Laird of Freuchie's growing impatience cannot be better estimated than by observing his relation to the clergy on other occasions than the one now noticed. He was about this period appointed by Robert Reid, afterwards Bishop of Orkney, bailie of the abbey of Kinloss, an office usually conferred on men who could defend the church and protect its revenues. For a similar reason the Bishop of Moray entered into a contract with the Laird of Freuchie as to the church lands of Strathspey. As the terms of this agreement have been fully detailed in the Introduction in [107] connection with the lands to which it relates, they need not be referred to here, unless where 1 bearing on the personal relations of the Laird of Freuchie to the church.

At this peril the clergy in general throughout the country were beginning to intrust their lands to such lay barons as were able in return not only to protect the lands of the church, but to pay a high feu duty for the lands. The practice became more common at a later date, when the clergy found their power over the vassals of the church lands declining. But even so early as 1512, while the power of ecclesiasticism was still strong, the privileges of the clergy were invaded by powerful and turbulent lay barons, who made application to Rome and elsewhere for grants of abbacies, etc., for their own creatures or kinsmen, that they might have a control over the administration of ecclesiastical revenues. This was specially the case during the minority of King James the Fifth. and while Henry the Eighth of England and Cardinal Wolsey interfered in Scottish affairs. In self-defence, therefore, and for the security of the church lands, the clergy resorted to the expedient of appointing some powerful baron as bailie of their territory, with special privileges; and by feu-farming to him a large portion of the kirk lands, at a high rental, steady income from the lands was secured. Thus the Laird of Freuchie was made, as stated, bailie of Kinloss, Ogilvie of Dunlugas was baffle of the territory of Cupar Priory, Scott of Buccleuch was bailie of the lands of the Abbey of Melrose, and the third Earl of Eglinton was made justiciar and chamberlain of the Abbey of Kilwinning. Registrum Magni Sigilli, Lib. xxxi. No. 77.

There is indeed no special indication in the contract now under review a disturbed condition of the church lands in Strathspey, but it would appear that these lands had already been let on a terminable lease to the Laird of Freuchie, and the pecuniary result had been so satisfactory that the Bishop resolved to give the new tenant a more stable interest in the lands. The advantageous result to be gained by the church is frankly stated in fixing the rental to be paid, which was the sum of £93, 10s. yearly according to the old rental, and £31, 3s. 4d. "to be pait yeirlie in agmentatioun of the said reverend fadir rentale, extending to the thrid penny mair [108] thane the said reverende fader rentale beris or euir gaif to the said reverende fadir predecessouris of befoir." In consideration of this large accession of income the Bishop of Moray agreed to infeft the Laird of Freuchie, his heirs, and seven of his surname, in the lands, fishings, etc., of the barony of Strathspey, as detailed in the contract and enumerated in the Introduction to this work, to hold the lands in feu-farm heritably. The rental was to be as above, with the addition of so much to be paid yearly, in kind, for the mill of Dalvey. The Laird of Freuchie was also to pay to the bishop a sum of ready money, amounting to 4000 merks, by instalments as stipulated, and to give the usual vassal's service in the Bishop's courts. Original Contract, dated 24th February 1539, at Castle Grant.

A certain amount of opposition seems to have been made to this contract, and that from a somewhat unexpected quarter. The Bishop, it is true, entered into the contract at first without the formal consent of the Dean and Chapter of Moray, but it was not from them that opposition arose, nor was it from other prelates as representing the church. The opposition came from John Grant of Ballindalloch and his brother-german, Patrick Grant of Dalvey, who insisted that they should have charters to themselves of certain lands named in the Bishop's agreement. It had been arranged between the Bishop and the Laird that the latter should choose the seven of his friends who were to share the e barony of Strathspey among them. Whether Ballindalloch and Dalvey thought they were likely to be excluded does not appear, but they seem to have gained the ear of King James the Fifth, and a few days after the signing of the contract, a curious occurrence took place, in which the Bishop figured somewhat awkwardly. It is graphically described by the notary who was present, to whom the Bishop made his protest.

The agreement had been signed on 24th February 1539. On the last day of that month, within the house of the famous Cardinal Beaton, situated in the Cowgate of Edinburgh, the bishop professed his readiness to resile from the contract, if the Laird of Freuchie would consent, and would also withdraw. No definite reason is given for this change of purpose; but on the 5th of March following, while the Bishop of Moray was in the lodging (hospicium) of one Robert Leslie in Edinburgh, about [109] three o'clock in the afternoon, there entered James Learmonth of Dairsie, the master of the king's household, and David Wood of Craig, the king's comptroller, with a message in the name of His Majesty. They told the reverend father that the king required and commanded him, notwithstanding the contract with the Laird of Freuchie, to feu to John Grant of Ballindalloch the lands of Advie and others, and to Patrick Grant of Dalvey the lands of that name and others in Strathspey. The Bishop "ansuerit and prayit thame to schaw the kingis grace that he wes con trackit, oblist, and moneist" to feu the whole barony of Strathspey to James Grant, and he exhibited the contract signed and sealed, with the admonition of the official of Lothian. To this the messengers replied, that "it was the kingis grace mynde" that the lands in question should be let to John and Patrick Grant, "for sic causis as tha wald nocht schaw at that tyme," and that they would do diligence to cause the Laird of Freuchie renounce the contract, and would keep the bishop scatheless. The bishop then said he would sign the charter at the king's command, but under protest, that he would not renounce the contract except with the Laird's consent, and not otherwise, "becaus he wald nocht put his conscience and faith in na mannis credyte." Still the good bishop felt himself coerced by the civil power, which in his particular case was stronger than the ecclesiastical; for immediately after the exit of the royal messengers, the perplexed prelate relieved his feelings to the notary and witnesses, by solemnly protesting that though he was to sign charters to John and Patrick Grant, he made faith he did so "be compulsion and dredour, quhilk may fall on ane constant man be the seuerite of the kingis grace," and for no other reason, being already pledged to the Laird of Freuchie "under panis of cursing." Original Instrument of Protest at Castle Grant.

Ballindalloch and Dalvey thus carried their point, the Laird of Freuchie probably thinking it vain to contest the matter, though no formal evidence exists that he renounced the contract. The latter was in the end fulfilled in the greater part of its conditions, and the barony of Strathspey was apportioned among the Grants, as narrated in the Introduction, and a large accession of territory thus secured to the family. The completion of the various feu-charters, and sealing of them, seems to have been carried out [110] with special care, as among the papers at Castle Grant is a formal discharge by the collector of the Cathedral Church of Moray, for no less a sum than £10 Scots, for the sealing of the charters of the Laird of Freuchie and his friends, with the common seal of the chapter. Original Discharge at Castle Grant. This document is dated 3d .January 1541; and about two years later, on 7th May 1544, the Bishop of Mo ray acknowledges receipt of 260 merks, the last instalment of 2800 merks, agreed to be paid on behalf of the Laird of Freuchie and his friends. Ibid. As the articles of agreement are said to be dated at Elgin on 8th May 1541, and as the original contract of 1539 bound the Laird to pay 4000 merks, it would appear that though the proceedings of Ballindalloch and Dalvey did not lead to a breach of the original agreement, yet the terms of it were so far modified.

After the death of King James the Fifth at Falkland, on 14th December 1542, and during the earlier years of the minority of his daughter, Queen Mary, the Highlands, which had been quiet for a time, were again thrown into anarchy and confusion. Among the chiefs most prominent in causing disturbance were Ewin Allanson of Lochiel, the veteran leader of the Clan Cameron, and the heads of the Clan Ranald, Moidart and Glengarry. In 1544 the Earl of Huntly, as Lieutenant of the North, ordered a force to proceed against and punish the Clan Ranald of Moidart, and the Mackenzies of Kintail, who were also refractory. The Earl's army, however, composed as it was of Grants, Rosses, Mackintoshes, and Chisholms, clans all more or less allied to the delinquents, was slow to move. History of the Mackenzies, p. 111. The Frasers were more active, being related to Ranald, the young chief of Moidart, who had been expelled by his clan; and their chief, Lord Lovat, with his brother-in-law, the Laird of Freuchie, joined the Earl of Huntly in marching against the insurgents, with the special intention of reinstating young Ranald. It is said that the insurgent Highlanders retreated before Huntly's army, which marched as far as Inverlochy, and without opposition achieved the object of the expedition. Huntly and his forces then returned homewards, and on arriving at Glen Spean a separation took place, the Earl himself, the Laird of Freuchie, and others proceeding towards Strathspey by the [111] Braes of Lochaber and Badenoch, while Lovat, in spite of remonstrances, detached his party to march to his own country by the shore of Loch Lochy. Gregory's Highlands and Islands, pp. 159, 160. As will be noted later on, it is doubtful if the Laird of Freuchie himself accompanied this expedition, but his son may have led the Clan Grant. One account states that the Lairds of Freuchie and Mackintosh accompanied him with their followers as far as the water of Gloy, The Mackintoshes and Clan Chattan, p. 203 and there parted from him. In any case the result was the same. Lovat's party was intercepted at the head of Loch Lochy by the Clan Ranald, who had followed in the rear of the royal forces, and after a sanguinary conflict, Lord Lovat, his son the Master, and the greater number of their followers were slain. This contest received the name of "Blair-nan-leine," or "The field of shirts," as the day, in the month of July 1544, being very hot, the combatants stripped to their shirts during the battle. Gregory a Highlands and Islands, p. 161.

The Laird of Freuchie, no doubt, on account of the part he enacted in marching with the Earl of Huntly, suffered considerably from the retaliations of the Clan Ranald and the other insurgent chiefs. His lands of Urquhart, and those of the Laird of Glenmoriston, were overrun by Macranald of Glengarry and by Cameron of Lochiel, and a large booty carried off. It is usually stated that Huntly's expedition was to crush the insurrection and to drive the marauders from these lands, and from those of Abertarff and Stratherrick, which they had also overrun. Ibid. p.159. But a comparison of dates and documents shows that this view is slightly erroneous. Whatever was the real object of Huntly's march, there is evidence from various sources that it took place between May and July 1544, the battle of "Blair-nan-leine" being fought about the middle of July. On the other hand, the inroads on Glenmoriston and Urquhart are said to have taken place in October 1544 and April 1545 respectively, and if this be so, were, as suggested, made in revenge for the part taken by the Laird of Freuchie in reinstating the young chief of Moidart. The latter was killed at Blair-nan-leine, and though accounts on the subject are somewhat conflicting, it is not clear that immediate measures were taken to enforce further the royal authority, of which fact the insurgent clans seem to have taken advantage. The original summonses, under the royal signet, against the spoilers of [112] Urquhart are dated on 3d August 1546, and are still preserved at Castle U Grant As stated there, the first raid on Glenmoriston took place in October 1544; the second attack on it, and the harrying of Urquhart, in the following April. The raiders in both cases were led by Alaster McCane McAllaster of Glengarry, chief of a branch of the Clan Ranald, Angus, his son and apparent heir, Ewin Allanson of Lochiel, and his grandson and heir, Ewin Donaldson, as he was called, also a nephew of the Laird of Freuchie. The summons against these chiefs, so far as Urquhart was concerned, was raised at the instance of the Laird of Freuchie for himself, and as assignee for the numerous tenants on the estate, all of whom, with the goods despoiled from them, are separately detailed in the royal letters.

The goods and gear taken from the Laird's immediate property may be enumerated shortly as follows: From the Brodland of Urquhart, apparently in the Laird's own occupation, 200 bolls of oats, with the fodder, price of each boll with the fodder, 14s.: 100 bolls bear, at 20s. the boll; 100 "grite ky," each valued at 53s. 4d.; 100 calves, each 6s. 8d.; 40 young cows, at 26s. 8d. each; 10 one-year-old stirks, at 16s. each; 8 horses, each 4 merks; 4 mares at 4 merks; 4 young horses at 40s.; 140 ewes, each 10s.; 60 "gymmer and dunmont" at 6s. 8d.; 100 lambs, each 2s. From the place and castle of Urquhart were taken "tuelf feddir beddis, with the bowstairs, blancattis and schetis, price xlli; five pottis, price of thame ten merkis; sax pannys, price ten merkis; ane bascyn, price xiiij s.; ane kyst, and within time samin thre hundreitht pundis of money; twa brew calderovnis, price fivetene pundis; sax speittis, price thre pundis; barrellis, standis of attis, pewder weschell, and vther insycht, to the valour of fourty pundis; twenty pece of artailzery, and ten stand of harnes, price of thame ane hundreitht merkis; lokkis, durris, zettis, stancheovnis, bandis, burdis, beddis, chearis, formes, and vther insycht, extending to the valour of twa hundreitht merkis; thre grite boittis, price fourty merkis." Original Letters of Summons at Castle Grant. The reference to the large sum of money left in the "kyst" seems to point to the suddenness of the raid, though the mention of the artillery leads to the question why the castle was not more stoutly defended. The goods taken from each tenant correspond in kind to those taken [113] from the Lard, save as regards cattle; many tenants added goats or "kyddis" to the list, the former being valued at 3s. or 3s. 4d. each, and the latter at each; " weddaris," where noted, are valued at 8s., "swyne" at 4s., and geese at 12d. each. The "insycht" goods libelled as belonging to the tenants are valued at various sums, from 20s. as the lowest, to £10 as the highest estimate. In two cases, over and above the household goods, the invaders made prize of cloth, at one place 60 ells of linen cloth and 60 ells of woollen, the average price being 20 merks; at another place, the woollen and linen cloth taken was valued at £4. The total number of cattle and sheep, and the quantity of corn and other goods carried off, amount to a large sum, but as a general total is not given, it cannot be clearly estimated.

Such was the raid of Urquhart, which, it is said, gave to this Laird of Freuchie the appellation of "Sheumas nan creach," or, "James of the foray." Another account is given by Mr. Chapman of the origin of the appellation, "James na Creach," namely, that it came from his own successful plunderings. He resented the murder of his brother in-law, Gordon of Brachally, on Deeside, by the country people there, and prompted the Earl of Huntly, as the Gordon chief, to join him in slaying all the men in the country in retaliation and revenge. Many orphans were made by the slaughter of their parents. Huntly took the most lively of the orphans, between three and four scores, to his castle of Strathbogie. He made a long wood trough for feeding them, on both sides of which the orphans sat in rows and ate the provisions. James na Creach, being on a visit to Huntly, was invited by the Earl to see the orphans feeding, and "lobbing at their troch." The Laird of Grant was so affected at the scene, that he said to Huntly that as he had assisted at the destruction of the parents, it was reasonable that he should share with him in the preservation of their children. He swept away the sitters on one side of the trough, and ordered them to be carried to Strathspey and maintained there. These were called Grants, and those on the other side who remained on Huntly's lands w1re called Gordons. - (Print of 1876, p. 31.) Although the amount of gear carried off was very great, the Laird was, for a time at least, amply indemnified. The Earl of Huntly in 1546, it is said, by the aid of Mackintosh, succeeded in apprehending two leaders of the insurrection of 1544, one of them being Ranald MacDonald Glas of Keppoch, and the other the veteran Ewen Allanson of Lochiel, who was concerned in the raid of Urquhart. These chiefs were tried for high treason, condemned and beheaded. Gregory's Highlands and Islands, p. 179. Two years afterwards, in 1548, Queen Mary conferred upon the Laird of Freuchie nine merk lands in Lochalsh, which belonged to Ewen Donaldson, grandson and heir of Ewen Allanson of Lochiel; also thirteen merk lands of old extent in Lochcarron, with the [114] castle of Strome, and the office of constable of the same, which also had belonged to Ewen Donaldson. Registrum Magni Sigilli, Lib. xxx. No. 314. By the same charter were granted lands in the same neighbourhood, belonging to Allaster McKane McAllaster and Angus, his son, who were also concerned in the raid on Urquhart. These were the liferent right belonging to Allaster of Glengarry, of twelve merk lands of old extent of Lochalsh, with the fee of the same, belonging heritably to his son Angus; also lands in Lochcarron belonging to them, amounting to four merks and 20d. of old extent. To these were added various lands in Lochbroom, of the old extent of seventeen merks 20d., belonging to the same persons; also other lands, including Glengarry, Dryanach, Sleismenach, and the fishings of the same; also twelve merk lands of Morar, belonging to Allaster of Glengarry. These, and other lands named, lying in Ross and Inverness-shire, and belonging to Allaster McCane McAllaster of Glengarry, Angus, his son, Ewen Allanson of Lochiel, and his grandson, Ewen Donaldson, all held of the Crown for ward and relief, and were all apprised to the Laird of Freuchie as assignee for his tenants in satisfaction of the "spulzie" of Urquhart, and were sold to him for the then large sum of £10,770, 13s. 4d. Scots. Ibid. Thus, in return for the raid on his estates, the Laird of Freuchie obtained possession of territory extending from Loch Ness to the western coast of Ross-shire, and gained a large indemnity, not, however, by the rough-and-ready method of his neighbours, but by the slower, and in the end more effective, means of a process at law.

But transferences of Highland properties from the old owners on account of raids committed by them seldom proved peaceful possessions to the new holders. The Laird of Freuchie, as may be supposed, did not enter on this large accession of territory without opposition, which continued more or less during his occupancy. On 27th November 1549, letters under the signet of Queen Mary were issued charging the royal officers to assist James Grant of Freuchie in dealing with refractory tenants and occupiers of his lands of Morane (Morar), Sles, Glengarry, the half of Lochbroom, the half lands of Lochcarron, the half lands of Lochalsh, with the lands of Kessoryne of Strome, and the woods and fishings of these lands.

[115] It appears from these letters that the Laird of Freuchie complained that the tenants would pay him no rent, and moreover, without his permission, and without any right, "daylie fisehis in his watteris and fischingis therof and distroyis his growand treis of his woddis . . . sua that the samyn woddis ar alluterlie failzeit," etc. Original Letters at Castle Grant. Four years later, on 24th June 1553, similar letters were issued, commanding the keepers of the castle of Strome to deliver up the castle to the Laird of Freuchie upon six days' warning. The reason assigned for this charge was that while the Laird of Freuchie had those lands apprised to him from Ewen Cameron and Allester McEyn VcAllester of Glengarry for their raid on Urquhart and Glenmoriston, and had been formally infeft, he now learned that Makconill, with his accomplices, Islesmen, with the assistance of the Clan Cameron, Clan Ranald, and others, purposed to come to the castle of Strome to cast it down and destroy it, and so to withhold the lands from the Laird. Hence the charge to tlw keepers of the castle, who were also directed to appear before the Lords of Council, while the captains or chief of the clans were to be charged by proclamation at the market cross of Inverness to desist from taking part in the intended attack. Original Letters at Castle Grant. Citation by proclamation at the market cross of the nearest royal burgh was preferred, no doubt for good reasons, as a mode of summoning Highland chiefs, to the usual form of personal apprehension. In the summonses directed against Ewen Allanson and his accomplices for the raid on Urquhart, etc., provision is made that they be cited by open proclamation at the cross of Inverness, which is to be held as effectual as if they were summoned personally, or at their dwelling places, it being naively added, "Becaus it is understand to the Lordis of our Counsale that thair is na sure passage to the dwelling places nor personall presens of the saidis per sonis."

While the Laird of Freuchie had thus in some respects considerable annoyance from his Highland neighbours, yet the closing years of his life from 1541 to August 1553 were on the whole comparatively peaceful. The chief events of these years as indicated by the Grant muniments were a Series of friendly contracts and bonds of maintenance between the Laird and neighbouring barons. Though the issue of former similar alliances had not in all cases been happy, yet from, this date onwards it will be found that the Lairds of Freuchie were for the most part left in peaceful possession of their large estates.

Reference has already been made to the fact that the Bishop of [116] Orkney had appointed James Grant of Freuchie to be bailie of his abbacy of Kinloss, and in that capacity the latter granted letters appointing Alexander Cumming of Altyre his bailie-depute of Kinloss, with full powers. Vol. iii. of this work, p. 90. These letters were signed at Kinloss on 20th June 1544, a date and place which render it doubtful if the Laird of Freuchie himself accompanied the Earl of Huntly on his expedition against the Clan Ranald, as is usually said to be the case, but the absence of precise dates for the expedition leaves the matter uncertain. At any rate, on 30th October 1544, he joined with the Earls of Sutherland and Athole, Alexander Lord Lovat, Mackintosh of Dunachton, Mackenzie of Kintail, and other northern barons, in subscribing a bond to the Earl of Huntly, in which they engaged to assist and uphold his authority as Lieutenant of the North in suppressing disorders. Spalding Club Miscellany, vol. iv. p. 213. A few months after this, on 25th March 1545, the Laird joined Huntly in another bond of a somewhat different nature. The chief provision in it is curious, though it was never carried out, and if tradition speaks truly, at least one of the parties must have signed the agreement with a reservation.

The parties to the bond were George, Earl of Huntly, James Grant of Freuchie, William Mackintosh of Dunachton, John Mackenzie of Kintail, Alexander Ross of Balnagown, and Robert Monro of Foulis. The three last named bound themselves to assist the Earl in every way "in recouering and getting of the takis and erledoume of Ros at the Quenis gouernouris, Cuntas of Murray's, hands," or any others having right. And if the Earl did "nocht haistelie" get just right thereto, then all the parties bound themselves to obey no other person in the enjoyment of the tacks and earldom, but to hinder all such persons in every way. They were also to defend the Earl in his enjoyment of the earldom, and obliged themselves to hold tacks of the lands of Ross from no one save the Earl of Huntly. On the other hand, the Earl promised to give no one any interest in the tacks of Ross except with advice of the other parties. He promised to secure to John Mackenzie of Kintail such rights of bailiary had been agreed upon, provided that he and his son Kenneth would give bonds of manrent to the Earl. Alexander Ross and Robert Monro were also [117] to be secured in such lands as were promised. Mackenzie, Ross, and Monro were to act together, and all the parties were to aid each other; but no coalition was to be made with Clan Cameron, Clan Ranald, or the Islesmen. This contract was signed and sealed by all the parties at Inverness. Vol. iii. of this work, p. 93.

This document indicates that the Earl of Huntly was endeavouring to turn to his own advantage the disturbed state of Scotland and the pre occupation of the government, which at this period was wholly engaged in opposing the intrigues of England, and thus secure to himself a large share of the earldom of Ross, then annexed to the Crown. But whatever were his intentions, they were frustrated by a ludicrous circumstance, the chief agent in which was John Mackenzie of Kintail, who, though he signed the agreement, appears not to have been very desirous of seeing it carried out.

A recent writer relates this circumstance as given by tradition, and as he assigns no date, it probably occurred after the contract was entered into. After mentioning the Earl of Huntly's intention to feu a part of the earldom of Ross from the Crown, and to live in the district for some period of the year, the writer states, " Mackenzie, although friendly disposed towards the Earl, had desire to have him residing in his immediate neighbourhood, and he arranged a plan which had the effect of deciding Huntly to give up any idea of remaining or feuing any lands in Ross." The Earl had come to the castle of Dingwall to hold courts, and invited the chiefs to meet him. Mackenzie was the first who arrived, "and he was very kindly received by Huntly. Mackenzie in return made a pretence of heartily welcoming and congratulating his Lordship on his coming to Ross, and trusted that he would be the means of protecting himself and his friends from the violence of his son Kenneth, who, taking advantage of his frailty and advanced years, was behaving most unjustly to him. He indeed expressed a hope that the Earl would punish Kenneth for his illegal and unnatural rebellion against his father. While they were thus speaking a message came in that a large number of armed men, three or four hundred strong, with banners flying and pipes playing, were just in sight on the hill above Dingwall. The Earl became alarmed, not knowing whom they might be, or what their object was, when Mackenzie informed him [118] that it could be no other than his son Kenneth arid his rebellious followers, coming to punish him for paying his Lordship this visit without his son's consent; and he advised the Earl to leave at once, as he was not strong enough to resist the enemy, and to take him (the old chief) along with him, to protect him from Kenneth's violence, which would now, in consequence of this visit, be directed against him more than ever. The Earl and his retinue at once made off to Easter Ross, when Kenneth ordered his men to pursue them. lie overtook them as they were crossing the bridge of Dingwall, and killed several of them; but having attained his object of frightening Huntly out of Ross, he ordered his men to desist. This skirmish is known as the "affair of Dingwall bridge." Ardintoul MS., quoted in History of the Mackenzies, pp. 112, 113.

After this in point of time came the raid of Urquhart, which, as already stated, seems to have been unexpected; for during the very month in which it took place, in April 1545, the Laird of Freuchie was at Elgin making an arrangement about certain lands he wished to exchange. These were the lands of Easter Urquhart or Urquhill, Cantraydoun, and Dalgrambich, within the barony of Clavaig or Clava, in the sheriffdom of Nairn, which the Laird had acquired by purchase from John Grant of Ballindalloch, and which he now bound himself to convey to Alexander Dolas of Cantray. Until Dolas was duly infeft the Laird of Freuchie promised to pay to him twenty merks yearly from the lands of Clurie and Curr, and also to give in ready money the sum of 600 merks. On the other hand, Alexander Dolas obliged himself, on being infeft in the lands named, to convey to the Laird of Freuchie the lands and barony of Rothiemurchus, in the sheriffdom of Inverness and regality of Spynie. A penalty of 1200 merks was attached to the nonfulfilment of this con tract; 400 merks to be paid to the Crown, a similar sum to the Cathedral Church of Moray, and the remaining third to the party desirous of fulfilling the agreement. Vol. iii. of this work, pp. 94, 95. Apparently Rothiemurchus was wholly or partly in the hands of Dolas, as a creditor of Allan Keir Mackintosh of Rothiemurchus, his maternal uncle, who was in pecuniary difficulties, and whose estate was heavily mortgaged. Original Assignation at Castle Grant.

[119] In the end of 1545, the Laird of Freuchie and his clan, though not mentioned by name, were doubtless included in a remission issued in the name of Queen Mary to the inhabitants of the sheriffdoms of Inverness, Nairn, and Cromarty, for absence from the siege of St. Andrews. The reason 9f remission is that they were in the royal service under the Earl of Huntly in Lochaber. If this service has reference to the expedition of 1544, there had been a siege, or a purpose of siege, of St. Andrews earlier than the one known to historians, which began in July 1546. The document, preserved in the Grant charter-chest, is dated on 18th December, in the fourth year of the queen's reign, Vol. iii. of this work, p. 96. which, according to a strict computation, would be 1545; but it is probable, as it is issued from St. Andrews, that 1546 is the year really meant, and that the expedition to Lochaber was that in which Huntly succeeded in apprehending Ewen Cameron of Lochiel, and the other ringleader of the insurrection in the north, as already related.

About the same period, or at least shortly before the assassination of Cardinal Beaton, on 28th May 1546, and the subsequent promotion of the Earl of Huntly to the office of Chancellor, the Laird of Freuchie and his son, John Grant the younger, had renewed to the Earl their engagements of service. They did this as holders in liferent of certain of the Earl's lands in Strathavon, and as his bailies and keepers of the then strong castle of Drummin. In return the Earl, according to the fashion of the day, bound himself to defend, assist, and uphold the Laird and his son in every way in all their lawful affairs. Ibid. p. 97. This bond is dated at Elgin, on the 8th of May 1546.

The Great Seal of Scotland was delivered to the Earl of Huntly on 10th June 15 46, Crawfurd's Officers of State, p 84. and it may have been his influence, added to the Laird of Freuchie's own representations, which procured to the latter a relief from the rents of three half-years due from Urquhart. He complained that he had obtained no profit from that territory since it was burned by the Clan Cameron and their accomplices in the year 1545, and he received a discharge accordingly of the sum due by him to the Crown. Vol. iii. of this work, p. 98.

It has already been stated in narrating the sequel to the "spulzio" [120] of Urquhart, that the Laird of Freuchie received large indemnification from the estates of the chief of Clan Cameron and Allaster McCane McAllaster of Glengarry. No sooner had he obtained the charter in his favour, than he made terms with the defendants. Ewen Cameron, now of Lochiel, called also Ewen Donaldson, was the grandson and heir of Ewen of Lochiel, the ringleader in the raid, and had himself taken an active part in all the raids of his clan. But he was also a nephew, a sister's son, of the Laird of Freuchie, and this fact may have inclined the Laird to favour him. It is possible also that the Laird felt that his newly acquired territory might be too troublesome a possession for one of his advanced age, as the tenants were not unlikely to oppose his authority, and did oppose it, as formerly stated. Whatever the real reason, the Laird of Freuchie did, on 10th October 1548, enter into a formal contract with Ewen Cameron, now of Lochiel, in regard to the lands apprised from the latter. It was agreed by the Laird that Lochiel should have the rents and profits of the lands apprised during his good behaviour and service in time to come, and he further promised never to alienate the lands away from Lochiel save by special advice. On the other hand, Ewen Cameron bound himself to keep his fidelity to tile Laird, especially as regarded the lands of Urquhart and Glenmoriston, while they mutually bound themselves to assist each other. This agreement was made at Convinth, in Inverness-shire, in presence of John McKenzie of Kintail, Kenneth Mackenzie, and others. Vol. iii. of this work, p. 102.

Another bond of maintenance was signed by the Laird at Freuchie on 1st May 1551, in favour of his "cusing and kynnisman," John Grant of Ballindalloch. This document contains no stipulation in any way differing from the usual form of these bonds, and it is only specially worthy of notice from the fact that it is the first evidence of any residence at Freuchie. No earlier document is known to exist which bears to be executed at the spot from which the Lairds of Freuchie took their title. But this subject has already been referred to at length.

In the following month the Laird was at Inverness, where he entered into an agreement with certain parties as to the lands of Dalgrambich. His last transaction, as ascertained from the family muniments, was to sign [121] the marriage-contract of his daughter Janet with Alexander Sutherland of Duffus. The marriage ceremony was to take place as speedily as possible, and Sutherland was to secure to his spouse two hundred merks yearly in conjunct fee from his barony of Duffus or elsewhere, as convenient. If, however, his mother died before his wife, then the latter was to receive the lands of Ludgett and Quarrelwood, held by the former. Among other special stipulations the Laird of Freuchie bound himself to free his intended son-in-law from the amount of the avail of his marriage, which had been assigned to Elizabeth Campbell, daughter of the deceased Sir John Campbell of Cawdor, and in addition to pay 300 merks to redeem so much of the lands of Duffus as would secure to Janet Grant her conjunct fee. This agreement was made at Strathisla, where the Laird doubtless was acting as bailie of the abbacy of Kinloss, to which the Grange of Strathisla belonged. The Abbot of Kinloss, then Robert Reid, Bishop of Orkney, with Alexander Cumming of Altyre, the bailie-depute, were among the witnesses to the agreement, which is dated 26th January 1552, or, according to modern computation, 1553. A month afterwards, on 26th February, the parties were admonished, under pain of the greater excommunication, to fulfil the terms of the contract.

Three months later found the Laird of Freuchie on his deathbed. At his "place of Ballacastell," on the first of June 1553, the Laird, "sick in body but sound in mind," calmly made up an inventory of his possessions and arranged all his affairs. Vol. iii. of this work, p. 108. His last directions were very simple. In the quaint phraseology which for many a day was customary in Scotch wills, he bequeathed his soul to God and his body to be buried. He appointed his son and heir, John Grant, his sole executor, and his last important earthly task was done, though he survived the making of his will some weeks, dying on the 26th of August following.

This Laird's possessions, as given in the inventory before his death and the confirmation after that event, were of the simplest and most patriarchal character. Corn and cattle, oxen, cows, sheep, and horses, compose all his goods, the household belongings for his five residences or manors named, amounting only to £200, and in the final [122] valuation to £100. The five places named as being those at which the Laird had his own property are his "manor-place of Ballacastell" (called in the confirmation "Freuchie"), Knockando, Mullochard, Gartenmore, and Kilsanctninian. The last named lay in Urquhart. The value of the Laird's own possessions, as detailed in his testament, was estimated at £1964, 9s. 4d. of the money then current. To this in the confirmation was added 500 merks due as rental by tenants, and other debts, making the personal property amount to £2502. This sum, however, was exceeded by the debts of the deceased to the extent of £352. Vol. iii. of this work, p. 111.

This Laird of Freuchie directed his body to be buried, as honourably as was fitting, in his parish church of Duthil. He is thus the first Laird of Freuchie as to whom there is any authentic evidence of residence there or of burial in the parish. His grandfather, the young Laird, who died at Kindrochat, in Mar, in 1482, was carried by his clansmen to the Cathedral Church of Elgin and buried there, a significant fact suggesting an early residence of the family in that neighbourhood. No record exists as to the sepulture of any of the earlier generations of Grant, or Lairds of Freuchie.

There is no clear evidence as to the marriage or marriages of this Laird of Freuchie. That he married early in the century is proved by the fact that his son and heir, John Grant, was himself married in 1539, or before it. That the Laird married a lady named Christina Barclay, who survived him, is also proved by her being named as his relict, and entering into an agreement with the executor as to terce, etc. Ibid. p. 113. Who Christina Barclay was has not been ascertained from any document in time Grant charter-chest. In Mr. Chapman's account of the family of Grant, Isobel Barclay, daughter to the Baron of Towie, is said to be the second wife of John Grant of Freuchie, son of James Grant of Freuchie, arid she is claimed as their ancestress by the family of Grant of Monymusk.

That John Grant of Freuchie had no such wife will be shown in the next memoir; but the above tradition, though erroneous in detail, may indicate that Christina Barclay, as she was undoubtedly the wife of James Grant of Freuchie, was his second wife. It is probable also that she was the mother of Archibald Grant in Ballintomb, who in 1581 is described [123] as brother of John Grant of Freuchie, and who must have been much younger than his brother. As he was the ancestor of the family of Monymusk, this would agree with their tradition.

But if Christina Barclay was the second wife of James Grant of Freuchie, there is no clear evidence as to his first wife. In some published pedigrees he is said to have married, first, Lady Janet Leslie, who, however, as will be shown, was the second wife of his son, John Grant, the fourth Laird of Freuchie. Lachlan Shaw, however, states that James Grant married a daughter of John, sixth Lord Forbes, and as this is so far corroborated by other evidence, it is probably correct.

There is thus reason to believe that James Grant, third of Freuchie, was twice married, first to Elizabeth Forbes, and secondly to Christina Barclay, who survived him. By these wives he had four sons and five daughters.
1. John Grant, his eldest son, who succeeded to the estates of Freuchie, and whose history is given in the following memoir.
2. William, who, as son of the Laird of Freuchie, received, on 7th May1541, from the Bishop of Moray, a charter of the lands of Finlarg or Muckrath. He died, without issue, before 22d December 1560, when his brother John received a precept of clare constat for his own infeftment in these lands as heir of William. Vol. iii. of this work, p. 126.
3. Duncan, who also received from the Bishop of Mo ray, in January 1542, a feu-charter of the lands of Easter Elloquhy (Elchies). He was engaged, in a dispute with his neighbour, James Grant of Wester Elchies, in reference to their marches, which was amicably settled. For assisting in the rebellion of Huntly he received a remission, along with other members of the family, in 1569. He died in October 1580, and was succeeded by his son, James Grant of Easter Elchies. James Grant appears in several family transactions between 1580 and 1602, but died before 1620, apparently without issue, as the estate of Easter Elchies reverted to the family of Grant, evidently in terms of the charter of 1542.
4. Archibald, who, on 8th March 1580-81, received a crown-charter of the manse of the sub-deanery of Moray. In that charter he is [124] designed as "Archibald Grant in Ballintomb, brother of John Grant of Freuchie." He was the ancestor of the Grants of Monymusk, whose pedigree is given in this work.

The daughters were:
1. Isobel, who married, before 1543, Archibald Campbell, eldest son and apparent heir of Sir John Campbell of Cawdor, The Thanes of Cawdor, p. 170. Receipts for tocher at Castle Grant. and had issue.
2. Margaret, who married Thomas Cumming, grandson and heir of Alexander Cumming of Altyre. Their marriage-contract is dated 15th September 1552. Copy Contract at Castle Grant.
3. Janet, who married Alexander Sutherland of Duffus. Their marriage-contract is dated 26th January 1552-53. Vol. iii. of this work, p. 106.She survived him, and married, secondly, before 10th January 1579, James Dempster of Auchterless.
4. Agnes, who, after her father's death, married David Ross, son of Alexander Ross of the Holm. Their marriage-contract is dated 24th August 1558. Ibid. p. 125
5. A daughter, name unknown, who is said to have married Alexander Gordon, Laird of Strathavon. Burke's Commoners, vol. iv. p. 8. She is said to be the youngest daughter of John Grant of Freuchie and Elizabeth Forbes, but it is more probable that she was the daughter of James Grant.

Volume 1 Chapter 9