Arbroath and its Abbey; or, the early history of the town and Abbey of Aberbrothock including notices of ecclesiastical and other antiquities in the surrounding district

Preface

. The following pages have been published chiefly for those who take an interest in the locality of the ancient and now flourishing town of Arbroath, and also with the view of removing the obscurity which has hitherto involved the history of its once magnificent monastery. Among other sources of information the Chartulary of the Abbey is entitled to stand first in rank. The most interesting portions of these monastic writings have been digested and arranged in this volume. An endeavour has thus been made to bring out the points in which they, along with other authentic documents, tend to illustrate the history of the district. In alluding to the history of past times, our ancestors have been allowed as far as possible to appear in their own dress, and speak in their own words. This will account for the number of quotations in the antique style, which may probably render the perusal of some portions of the book a little difficult to readers otherwise well educated.

But if months or years are spent in the endeavour to acquire a knowledge of dead languages two or three thousand years old, some trouble ought to be taken with the view of being able to read with facility our own living mother tongue, in the garb which it wore two or three centuries ago, so that it may not be unintel ligible unless expressed according to our present conven-

PREFACE.

. tional orthography. Many details, which to general readers not acquainted with the locality may appear sufficiently minute, are inserted in the text, instead of being placed in foot-notes, as it was considered desirable to avoid that distraction of attention which numerous notes invariably occasion. For the same reason refer ences to the pages of the Arbroath Chartulary have not been made, as these, if introduced, would have become innumerable and cumbersome. They would, at the same time, have been of no use to those who do not possess that collection of writings ; and those, on the other hand, who may wish to verify any statement founded on it, will be at once able to do so, by the names and dates referred to, with the help of the tables of contents and indices of the published Chartulary.

It was omitted to be stated in the tenth chapter that the lands of Aldbar have been ranked among the possessions of the Abbey on the authority of an entry in the " Charge of the Temporalitie," 1592, which is not altogether conclusive in the absence of corroborative evidence ; and that although Cotside and others near Barry have been generally ranked among the Abbey lands, the authority for placing these lands in the catalogue is not very satisfactory, as they do not appear in the proper monastic writings under their modern names. While these sheets were in course of preparation the Author made every effort to procure definite information on the subject of the alleged pillage and conflagration of the Abbey Church about the time of the Reformation. He has not, however, succeeded in being able to fix the exact manner in which that building was unroofed and laid desolate. But a careful study of every con-

PREFACE.

. V temporary record within his reach has tended to confirm him as to the correctness of the statements made in the text, that whatever might have been threatened or attempted, no general pillage or burning of this majestic edifice had taken place at the period in question ; and that its state of ruin can be easily accounted for on other grounds, by a simple reference to the churches of the Abbeys of St Andrews, Lindores, Coupar-Angus, and others, where the demolition is much more com plete than at the Church of Arbroath, and where the agency of fire has never been stated to have been applied. It need scarcely be explained that the notices of the town of Arbroath have been in general limited to the period when the monastic establishment existed in its neighbourhood. The history of Arbroath during the last hundred and fifty years, including the extension of its population, buildings, manufactures, and commerce, within that period, could not have been added without swelling the volume far beyond the limits originally contemplated ; and is a subject which, along with the traditionary history of the burgh and its vicinity, yet remains to be taken up by one who can devote to it the necessary amount of time and research.

The Author does not flatter himself that what is now given to the public can escape what every book of the kind is peculiarly liable to, namely, the detection of errors and omissions. He has endeavoured, however, to make no definite statement, unless upon good authority : without being deterred from offering this contribution to the history of the district by that over-scrupulous dread of mistake which has prevented many persons well read in the affairs of Scotland from giving to the

PREFACE.

. VI world the benefit of their researches. There could not be found a more striking instance of this than in the case of the late Reverend Principal Lee, who has allowed much of his vast stores of information to die with him ; and who, under the influence of this sensitiveness, most kindly dissuaded the author several years ago from engaging in an undertaking of a nature somewhat anti quarian, by referring to another friend who had devoted much time and labour to the early history of a northern county, which, when published, " after all contained some mistakes, and there were several things omitted." In the preface of a book devoted to the detail of facts regarding Arbroath, an allusion to a work of fiction supposed to bear reference to the same place may be allowed. An attentive reader of Scott's inimitable novel, " The Antiquary," acquainted with the vicinity of Arbroath, will have little doubt that it contains the scenery of that story.

The allusions to the battery, the common, the Grecian porch of the new Council house, the great interest taken in merchandise and linen manufactures, and the doings of the postmistress, are, among other marks, quite sufficient to identify the town of Arbroath forty or fifty years ago with the Fairport of the novel. Auchmithie and Ethie-haven are described with Scott's usual power in his pictures of the fishing hamlets, and contain fisherwomen who might sit any day as the originals of Maggie Mucklebackit. Ethie House is the only mansion in the neighbourhood that suits the description of Knockwinnock. But the claims of identity with Monkbarns are divided betwixt Seaton and Anniston, while the description does not exactly suit either. The high rocky coast between Arbroath

PREFACE.

. VII Ness and Redhead will supply Halketheads and Bally burgh Ness Points in abundance. A poet's license is taken in placing "the root o' an aik tree" among the cliffs, and in making the sun set over the waves of the German Ocean during the storm ; and also in removing the ruins of St Ruth (described as Arbroath and Melrose Abbeys intermixed) frorn the bustling vicinity of a large town into one of the dells of the district, such as the den of Arbirlot. These liberties were obviously used for greater effect, and probably to involve the narrative in some degree of disguise. The veil becomes, however, very transparent when the writer makes Edie Ochiltree meditate on his appearance in the eyes of the villagers while he was " coming down the edge of Kin blythemont" — a phrase which will suggest to every inhabitant of the neighbourhood the bluegown's return toward Arbroath, along the old Brechin road leading by Chapelton and the policies of Kinblethmont.

The Author takes this opportunity of returning his thanks to those gentlemen whose subscriptions have led to the present publication ; and also to those who have facilitated his researches by affording information or access to original documents. The frontispiece, engraved by Mr J. Adam, Edinburgh, a native of Arbroath, is from a drawing which the author made in order to shew the front of the Abbey Church as it now exists, and would appear to passengers were the view not obstructed by modern buildings which have been erected within a yard or two of its walls. Arbeoath, 1»( November 1859. CONTENTS. GENERAL

Introduction

. Page. The Monastic Writings of Arbroath : Historical subjects on which they supply information : Introduction of surnames : Topographical names, and variations, changes and translations of same : Anglo-Norman and other settlers in Angus : Royal residences from 1178 to 1249 : Introduction of Shires and Sheriffs : Formation of Parishes : Adoption of Tutelar Saints : Nature of Abthaneries : The Culdees and their Abbes : Culdees of Abernethy and Brechin : Causes of the fall of their order : Indications of Culdees at Monifieth and Arbirlot. 1-38

Chapter I

The Town of Arbroath and its Dependencies.— 1. Origin and Condition till the foundation of the Abbey. 2. The Harbour. 3. Formation of Older portion of the Burgh. 4. Formation of Newer portion of the Burgh in the Almory. 5. Local Terms in the Town and neighbourhood. 39-66

Chapter II

Constitution and Rank of the Burgh. — Arbroath at first a Burgh of Barony and Regality ," Made a Free Burgh by special grants * Temporarily represented in Parliament A.D. 1579 : Made a proper Royal Burgh in 1599. 67-72

Chapter III

Social State of Ansus in the Twelfth Century.— Condition of Rural and Urban Population at the time of the foundation of Arbroath Abbey : Slavery of the Rural Population : Power of the Barons : Burghs as Fountains of Liberty and Progress : Emblems of Burghal Freedom in Arbroath and other Burghs : Early state of Urban Inhabitants. 73-84

Chapter IV

Arbroath from 1440 to 1640.— Depression of Scotland in the Fifteenth Century : Civil broils : Chamberlain Aires : Subjects of Investigation : Condition of Craftsmen : Arbroath at the Reformation, and after its Erection into a Royal Burgh. 85-95 X CONTENTS.

Chapter V

Page. Erection and Style of the Abbey Buildings.— Date of commencement : Mixture of Norman and Early English Architecture : Stages in the progress of building : Succeeding styles of Architecture shewn in the buildings. 96-101

Chapter VI

History of the Abbey Buildings. — Accidents to Great Church during the Romish Period : Contract for roofing the Choir : Damage done at the Reformation : Greater destruction since that Period : Other Conventual Buildings, Ecclesiastical, and Civil : Precinct walls and towers : Ruin of the Buildings. 102-116

Chapter VII

, Subsidiary Altabs in Abbey Church.— 1. Altar of St Catherine. 2. Altar of St Peter. 3. Altar of St Lawrence. 4. Altar of St Nicholas. 5. Altar of St Mary the Virgin. 6. Altar of St James. Appearance of Church on Festivals. 117-121

Chapter VIII

District Chapels in Arbroath and Neighbourhood. — 1. Chapel of St Vigian at Conon. 2. Chapel of St John Baptist at Hospitalfield. 3. Chapel of St Michael in the Almory. 4. Chapel of St Ninian at Seaton Den. 5. Lady Chapel of Arbroath, with the Altars of St Nicholas and St Dupthacus. 6. Chapel of St Lawrence at Kinblethmont. 7. Chapel at Whitefield of Boysack. 8. Chapel at Boath, Panbride Parish. 9. Chapel at Panmure Castle. 10. Chapel at Kelly Castle. 11. Chapel of St Lawrence at Backboath. 12. Chapel of St Mary at CarmyUe. 122-143

Chapter IX

Church of St. Vigeans. — 1. Fabric of Church and Old Monuments. 2. Altars of St Vigian and St Sebastian. 3. Priests and Ministers of St Vigeans since A.D. 1200. 144-155

Chapter X

Possessions of the Abbey.— 1. Lands, Baronies, Villages, &c— In Angus, Mearns, Perthshire, Fifeshire, Lanarkshire, Aberdeenshire, Banffshire, Inverness-shire. 2. Tenements in Burghs. 3. Fishings. 4. Ferryboats. 5. Woods and Forests. 6. Saltworks. 7. Churches, Tithes, &c. 8. Original Annual Rents. 9. Burghs. 10. Rents at Dissolution of the Abbey. 156-170 CONTENTS. XI

Chapter XI

Pjge. Subordinate Officers of the Abbey.— 1. Sub-Prior. 2. Steward. 3. Chamberlain. 4. Terrarius or Land-Steward. 5. Sacristan. 6. Granitor. 7. Cellarer. 8. Master of Works. 9. Judge or Deemster. 10. Justiciar or Bailie. 11. Mair and Coroner. 171-181 CHAPTER XH. The Abbots of Akbroath. — 1. Influence and incidental Advantages of Monasteries in early times. 2. Scottish Ecclesiastics at and previous to the foundation of the Abbey. 3. Biographical Sketch of the Abbots of Arbroath, from 1178 to 1606. 4. Causes of the Dissolution of the Abbey. 182-234

Chapter XIII

Description of the Conventual Buildings. — Form of the Church, Towers, Divisions, Columns, Roofs, Doors, Windows : Dimensions of Buildings : External and Internal Appearance of Church : Remaining Statues : Conventual Seals : Bell Rock. 235-244

Appendix

. No. I. — Note on the Decay of Feudal Power and Emancipation of the Rural Inhabitants of Scotland. 245-252 No. IL— Sketch of the Life and Times of James Melville, Minister St Vigeans, during the period from 1560 to 1600, being a supplement to the Sketch of the Abbots of Arbroath. 253-273 No. III. — Selections from the Records of the Magistrates and Council of Arbroath, illustrative of the Manners and Customs of the Inhabitants about the time of the Reformation. 274-294 ERRATA. Page 15, lines 12 13, after Invercoyth delete "(?)," and insert (Inverquiech Castle, in parish of Al yth). „ 27, line 11, for Abbaciae read Abbacie. „ 58, ,, 30, for position read portion. „ 121, ,, 5, for Frances read Francis. „ 266, ,, 15, for St Andrew read St Andreios. ,, 269, ,, 8, for article read paragraph. GENERAL

INTRODUCTION.

. The Monastic Writings of Arbroath : Historical Subjects on which they supply information : Introduction of Surnames : Topographical Names, and Variations, Changes and Translations of same : Anglo-Norman and otheb Settlers in Angus : Royal Residences from 1178 to 1249 : Introduction of Shires and Sheriffs : Formation of Parishes : Adoption of Tutelar Saints : Nature of Abthanebies : The Culdees and their Abbes : Culdees of Abernethy and Brechin : Causes of the Fall of their Order : Indications of Culdees at Monifieth and Arbirlot. There are perhaps few towns in Scotland, in regard to the formation and early history of which more informa tion may now be gleaned than in the case of Arbroath. This is owing to the fortunate preservation of the Char tulary, or collection of monastic writings framed at its Abbey, in all their integrity and fulness.

The publication of these writings for the Bannatyne club, commenced under the joint editorship of two learned and indefatigable antiquaries, Mr P. Chalmers of Aldbar, and Mr Cosmo Innes, Advocate, and since Mr Chalmers' lamented death, recently completed by Mr Innes, with the interesting prefaces written by them, and the full and correct indices prepared under their superintendence, have greatly en hanced the value of the monastic writings of Arbroath, and have not only shed a flood of light on the Abbey, town, and neighbourhood, but entitle the collection to take its place among those authentic and valuable, although (perhaps to popular taste) dry documents by which our true national history in early times can be fixed and illustrated ; and in which " there is to be B found, although in a shape very barbarous and repulsive to the general reader, the most fresh and living pictures of the manners of the times."

(Tytler's Hist, ii., 357.) The Chartulary of Aberbrothock is perhaps the com pletest specimen of records of one of the most complete monastic establishments in the kingdom. It exhibits, during a period of three centuries and a half, a full register of charters from kings and nobles, down to private burgesses, papal bulls, grants and concessions of eveiy description in favour of the convent ; with feuing charters, and charters by progress, dispositions and infeft ments, leases of teinds, lands, fishings, and houses, pre sentations to churches and chapels, records of perambula tions of marches, decrees and settlements of disputes of all sorts, appointments to offices, and other writs, granted by the convent solely, or in conjunction with others, with deeds of mortification of houses, gardens, and annual rents, to altarages for the benefit of the relations of the founders ; and various writs of other kinds too numerous to be here specified, generally in Latin, but sometimes in quaint old doric Scotch ; and all more or less interesting, not only to those who are styled antiquaries, but to every one who wishes to obtain an accurate and intimate knowledge of the history of his country in former times, including its monastic and parochial economy, its agri culture, its currency, its system of education, juris prudence, and internal government.

The writings in favour of the Abbey alone include and describe pieces of land ranging from a small garden to baronies and parishes (formerly styled shires), muirs, woods and fishings, saltworks, ferryboats, hostelries or lodges in various towns ; the custody of ancient banners, parish churches and district chapels, with the. lands and teinds attached to them ; rights to levy large and small customs, privileges of barony and regality, with power to erect burghs in Angus and Mearns ; power to wear mitre and pontifical robes, and confer minor church orders. The chartulary forms an excellent subject for the student of philology. It commences at a period when few or no super or surnames existed in the district. It shews the introduction of surnames first among the foreign settlers in the coast towns, with their gradual progress among the more rural population ; and it exhibits the process of their adoption, such as from paternity (Macormnc, Anderso?i, Duncansoji^, from blood (Scot or English, Inglis), from a superior (Gilchrist, Gilcom — servant of Christ, servant of the Earl), from complexion (Black, Brown, White), from professional employment (Baxter, Barber, Smith, Wright, &c), from office (Dempster, Dor ward, Mair, &c), from lands and possessions (Guthrie, Carnegie, Kilgour), while other surnames appear to defy all attempts to ascertain their true origin.

The first volume contains few or no surnames in the simple form in which they are now used by us, and scarcely any such surnames as those with which we are familiar. The additions of the names of lands, residences, or parents, in the manner used for distinction in those early times, can scarcely be called surnames. It is not till about the end of the fourteenth century, when Arbroath harbour was built, that surnames began to be commonly used without the intervening de (of) or films (son of) ; but the habit rapidly prevailed after that date, so that by the end of the following century, the practice seems to have been as universal as it is now, to use at least two words as Christian name and surname, without any preposition. The following appear to have been the most common surnames occurring in the Abbey writs during the last hundred and fifty years in which they have been published, and it will easily be seen that, with some exceptions, they are surnames very prevalent about Arbroath and its vicinity at the present time — viz., Anderson, Bois, Bridie, Brown, Douglas, Dorward, Gray, Graham, Guthrie, Hay, Jameson, Keith, Lamb, Leighton, Lyall, Lyndsay, Lyn, Lyon, Meldrum, Mill, Ochterlony, Ogilvy, Ramsay, Reid, Rany (Rennie), Scot, Scrymgeour, Stewart, Seton, Simson, Sinclair, Smart, Smith, Sturrock, Strachan, Thomson, Thornton, Tyrie, Watson, Wishart, Wood, Young.

It will be observed that then, as now, the initial letter S takes the first rank among surnames in this district. The name Brown seems to have been as common about Arbroath four hundred years ago as it is still. The name of Ogilvie occurs more frequently than any other in the latter portion of the chartulary, not because of its prevalence in this part of the county, whatever may have been the case in the district about Kingoldrum, but in consequence of the many grants and leases made to persons of that name through the influ ence of the Airlie family, who for a long period held the important office of the Bailiery. The writings in question are also interesting, as shewing how little material changes in pronunciation the names of towns, farms, streams, muirs, &c, have in general undergone during the last seven centuries.

Such trans formations or changes when they do occur, are not less curious. Thus, soon after the foundation of the Abbey, two places at several miles distance from one another are mentioned under the name of " Gutheryne." One of these names, by losing the central letter "e" and the last con sonant, has in course of time become Guthry or Guthrie. The other name, by a very different process, lost its middle syllable, and had its last consonant hardened by the letter " d," and appears in the following consecu tive forms — Gutheryne, Guthyn, Guyn, Gund, Guynd. Ballysak (Town of Isaac) is afterwards Bysak, and now Boj-sack. Ballindoch is corrupted into Bawndowff, and now called Pandoch. Vuirinchoke is also shortened to Inch ok. The names of places exhibit many curious ortho graphical variations, even while it is probable that little change took place as to their pronunciation.

Thus the name of the stream Vinny is written by the Monks in such forms as Ouany, Ovyngny, Ovynnie, Ovynny, Ovyny, Owyny, Owynyn, Vuaney, Vuany, Vueny. From want of local knowledge the learned Editor of the second volume is evidently puzzled by the name of the farm of Windyedge, which he prints in italics, according to the Monkish spelling of le vynde age and le vynde eigge. Aberbrothock being a long word, and recurring more frequently than any other name, affords an almost endless variety in spelling. It appears as Aberbrud, Aberbruthoc, Abbirbroht, Abbirbroth, Abberbrothoc, Abbyrbrothoc, Abberbroth, Abbirbroith, Abbirbrothoc, Abbirbrothoch, Abirbroth, Abirbrothoc, Abirbrothok, Abyrbroth, Abyrbrothoc, Abyrbrothok, Aberbrothoc, Abirbrethot, Abirbrothak, Aberbrothot, Aberbrotoht, Abirbroyth, Abirbrutoh, Abbyrbrothoch, Abyrbroyth, Arbroith, Arbroth, Arbrothe, Arbroyth, Ardbroith.

The name of a neighbouring parish appears in such forms as Abereloth, Abireloth, Aberheloth, Aberhelot, Abrellot, Aberellot, Abberellot, Abbirlot, Abbirellot, Abhioth, Arbirloth, Abyrelloth, Arbirlot. Another neighbouring parish possesses an equal diversity in its names. Thus, Inverkeleder, Inverkelethir, Inuerkeleder, Inverkeler, Innerkelar, Innerkeldour, Innerkelor, Ennerkelor, Innerkelour. Ethie appears as Hathin, Athin, Athyn, Athe, Athy. The names of the two places Braco and Brax being somewhat similar, have been gathered under one head in the index, but ought to have been separated into two clusters thus — (1) Brekko, Brekky, Breco, Brakie ; (2) Brakkys, Brekkis, Brex, Brax, the most ancient form being Brakhous. Instances of the change or translation of the names of places from an early to a later language are sometimes given, and are not without interest.

Thus, in a writ of the date of 1256, a place in the parish of Kingoldrum bearing the Gaelic name of Hachethunethouer, is said to be called in English Midefcld ; and a certain marsh is referred to as called according to the Scotch (" Scotice"), Moynebuche. At an earlier period, King William, in his great charter, says that the Church Lands of Old Mon trose were called in Scotch Abthen. Although this word may not be in itself a very old Gaelic term, these indica tions afford further proofs of the fact that the Gaelic was formerly called the Scotch language, to distinguish it from the Saxon or English language ; and that it was afterwards called the Old Scotch as contradistinguished from the modern or Lowland Scotch* In a description of the marches of Kingoldrum in 1458, the Gaelic name of Midfield disappears, but a considerable number of other Gaelic names are translated into English by Abbot Malcolm Brydy, in these terms : — " Myllasclmngly, that is to say Scottismyll — the burn of Athyncroith, that is to say the Gallow Burne — Tybyrnoquhyg, that is to say the Blyndwell — Carnofoiyr, that is to say the Pwndiris Carne — daischnarnoyll, that is to say the Mekylhyll — the pwll of Monboy [Moynebuche], that is to say the Yallow Pwll — the Claische, that is to say the Reyske — the burne of Haldyrischanna, that is to say the Gled Burne."

The number of old Gaelic names in the vicinity of Arbroath given in the Chartulary, and not still in use, are very few. They consist of Athenglas, Hathuerbelath, Sythnekerdun, and perhaps Glauflat, all in the neighbour hood of Kinblethmont. Indeed the whole number of British or GaeHc topographical terms in the tract of ground round Arbroath, between the waters of Elliot and Lunan, is small, when compared with those which can be more or less traced to the Gothic or Saxon languages. This fact, coupled with the state of the district * The dialect of the lowlands seems to have obtained its now common name of Scotch (" Scottis") when Douglas translated Virgil in 1513; and there is no reason to believe that the Statute of 1542 allowing the Bible to be read " in the vulgar toung, in Inglis or Scottis, of anc gude and trew transla- " tioun," had any reference to the Gaelic, notwithstanding Pinkerton's opinion to the contrary. within the recollection of its older inhabitants, shews that its Celtic population must have been very limited before the introduction of the Gothic races.

And if it could be definitely proved that such a name as Pitmuies or Petmuis had its origin from the grave of Muis, and that he was interred there so lately as at the defeat of Camus, it would tend to establish the view of Chalmers and others, that the use of the Gaelic tongue was retained in this part of Scotland till the eleventh centiuy, namely, the century preceding that in which the Abbey was founded* The oldest names in the district referred to are those of the streams, and the hamlets situated near their mouths, such as Aber-Elliot, Aber-Brothock, Inver-Keillor, and Inver-Lunan. The other principal seats of the Celtic people, the names of which have no apparent affinity to the Saxon tongue, — were obviously Auchmithie, Ethie, Inchok, Kinnaldy, Rhind, Gilchorn, Balmullie, Boysack, Kinblethmont, Conon, Peebles, Le tham, Crudie, Cuthlie, and one or two besides ; and it may be observed that these names denote places favour ably situated, and such as would naturally be early selected for cultivation and residence among the muirs and marshes with which the country formerly abounded.

There is little information as to the introduction of Saxon topographical terms ; but we may notice that in 1219 the marches of Kinblethmont are given entirely in Gaelic, as are likewise those of Tarves, Aberdeenshire, in 1251 (although this will not prove that the Saxon tongue was not by that time introduced) ; while the familiar Saxon terms of Fishergate and Greystone appear among the marches of Dunnichen at the probable date of 1300 ; and these names of later origin continue to increase rapidly during the subsequent records. On this point it may be also stated, as an indication of previous Saxon * The name Balcdgar, given to the royal castle which King Edgar had begun to build 1101-7, would lead to tho belief that the Gaelic had remained in the district of Gowrie till that time. (Hollinshed's Chronicle.) colonisation that the first appearance in the Chartulary, about 1200, of the name of St Bridestown is almost in its present form of Panbride, it having thus early degene rated from Ballinbride to Banbride and Panbryd, or Pannebryd ; and that the Saxon name of Muirhouse, then appears under the already corrupted form of Muraus.

Like the records of the other great Scottish monasteries those of Arbroath suggest, but do not afford an answer to the enquiry, how the Scottish kings, from Malcolm III. to Alexander II. , came to be possessed of, and to confer on them, and on numerous foreign immi grants, so many large tracts of valuable land, without any other reference to the occupiers than the indications given in the earlier grants that they were given along with the lands. The subject is involved in considerable obscurity ; but there is reason to believe that these Scot tish kings of Anglo-Norman tastes and feelings had at this period copied the example set by the Norman kings of England, so far as different circumstances would allow, and held themselves to be the absolute proprietors of the whole lands within the kingdom, except those in the hands of the more powerful chiefs, with liberty to dis pose of the same at their pleasure, without respect to the ancient rights of the actual occupants, who do not appear at that time to have possessed any written titles.

The lands were probably in many instances resumed as fallen to the king when the possessors died without leaving full-grow*n male heirs. We suspect that the pious David I., instead of being, as one of his successors styled him, " a sair sanct to the crown," was in reality only a sair sanct to his poor Celtic subjects in the lowlands. The practical effect of this Norman system seems to have been the reduction of these occupants to the condition of serfs or slaves to their new landlords (as will be after wards more fully alluded to), or at best to the position of tenants-at-will, liable to be ejected at the fiat of their Anglo-Norman lords, like the cottars and small farmers of the highlands at the present time. The unceremonious manner of treating the poorer occupants of land in the twelfth century may be inferred from the laws which it was found necessary to pass for their protection in the fifteenth century, until which time they continued liable to be summarily removed by the new proprietor at any period of the year without respect to the leases which might have been granted to them.

Next to the kings themselves the new Saxon or Nor man settlers, to whom they gave lands, were the most munificent donors of the monasteries of royal foundation like Arbroath, as if it had been expected that they must give back to the king's favourite religious house a part of those possessions which they had received from his hands. On this account the records of Arbroath Abbey are pecu liarly full of the names of proprietors of French, Flemish, Saxon, and Norman extraction, especially of those who settled in Angus and Mearns about the time of King William and those of his predecessors, David I. and Mal colm IV. Of these we may name the families of Arbuth nott or de Blundo, Baliol, Berkeley or Barclay, Bosvill or Boswell, Cheen or Cheyne, Cumin, Durward, Fitz- Bernard, Fitz-Thancard, Frivill, Hay, Hastings, Leslie, Lindsay, Lundyn or Lundie, Malherbe, Malvill or Mel ville, Meldrum, Moncur, Montalto, Montfort, Mohaut or Mowat, Moray, Morham, Mortuomari or Mortimer, Mu bray or Mowbray, Ramsay, Rewell, Rossyn or Rossie, St Michael, Sibbald, Strachan, Valoins, Vaus or Vallibus, Wischard or Wishart.