Land Tenure and Forfeiture a Sixteenth Century Scottish Example
Author(s): Michael G. R. Kelley
Source: The Sixteenth Century Journal, Vol. 9, No. 3 (Autumn, 1978), pp. 79-92
Published by: The Sixteenth Century Journal
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Sixteenth Century Journal
IX, 3 (1978)
LandTenureand Forfeiture
A SixteenthCenturyScottishExample
Michael G. R. Kelley
BlackburnCollege
OF THE MOST important aspects of Scottish social structure, which
until recently has been little studied, is the continuity of land ownership by
vassals and heritable proprietorswhen their feudal superior became forfeited.
A very interesting as well as instructiveexample of the conservativenature of
land ownershipand continuity of tenure in Scotland is providedby the vassals
and heritable proprietorswho held estates from Archibald Douglas, sixth earl
of Angus (ca. 1489/1490-1557), who was forfeited in September 1528.
Angus's forfeiture is important for several reasons:(1) it was the most serious
and sweeping of its kind during the first half of the sixteenth century in
Scotland in terms of its duration(fourteen years); (2) it affected a great many
individual vassals and estates within the Douglas earldom of Angus; (3) it
displayed how a strong-willedmonarch, JamesV, handled a situation which
gave him the opportunity to change radically and permanentlythe possession
of land throughout the Douglas earldom of Angus. A careful analysis of what
actually happened to the owners of these estates indicates a pattern of tenurial security which is so at variance with the general notion of forfeiture in
Scottish history that a thorough discussionis necessary.
Unfortunately there are severe limitations in any analysiswhich attempts
to concern itself with land tenure and occupancy in sixteenth century Scotland because of the enormous hiatuses in the availablehistorical evidence. For
the tenants of the sixth earl of Angus (that is to say, those who held lands
from Angus as renters or those who held lands in rent from the free-holders
and heritable proprietors who were the vassals of Angus) there is almost no
information except for an occasional case which was brought before the Lords
of Council (who were the chief Scottish appellate body) in which severalsmall
tenants combined social pressurewith economic resourcesto bring their feudal
and social superiors to heel. For several of the vassals of the earl of Angus
who were heritable proprietorsand lairds in their own right, there is very little
evidence available because of the lack of family papers and writs. The one
major exception to this dearth of historical data is the information which
deals with the largest landowners and vassals of the earl of Angus within his
various baroniesand regalitieswhich comprised the Douglas earldom of Angus.
These lands were the regality of Kirriemuirin Angus, the regality of Abernethy in Perthshire, the regality of Bonkle and Preston in Berwickshire,the
baronies of Bothwell, CrawfordDouglas alias CrawfordLindsay, and Douglas
in Lanarkshire,the regality of Jedburgh Forest in Roxburghshire,the barony
ONE
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of Selkirk in Selkirkshire,and the barony of Tantallon in East Lothian. I
propose in this article to discuss in detail the pattern of land ownershipin all
of Angus's regalities and baronies as it was affected by the sixth earl's forfeiture and will begin my discussion with the regality of Kirriemuiras it was
the caput or "head" of the Douglas earldom of Angus.
During the autumn of 1528, when it was obvious that the king meant to
have the sixth earl of Angus forfeited, fourteen of the earl's vassalswho held
lands within the regality of Kirriemuir,and the baronies of Bothwell Crawford
Douglas and Douglas, asked for exemption from their feudal superior'sdisgrace.1 However, the formulation of legal protest by these vassals did not
guaranteethat exemption was automaticallygranted by the king.
The forfeiture of Angus terminatedhis earldom, and the king was legally
entitled to consider its lands, including the regality of Kirriemuir,as new
estates which could be disposed of as the royal will saw fit. As the question
of who possessed the feudal superiority of the regality of Kirriemuirwas
closely connected to the dissolution of the Douglas earldom of Angus (as
Kirriemuirwas the caput of the earldom), JamesV had his advocate, Mr.
Adam Otterburn,appear before the Lords of Council in March 1528/1529 to
request their judgment upon the matter. The Lords of Council ruled that the
feudal superiority of Kirriemuirwas the property of the Crown as the result
of the forfeiture of the former feudal superior.2The declarationof the Lords
of Council is rather obscure as there is no direct evidence of any court
proceedings brought before them by the proprietorsof the regality either as a
group or as individuals.Probably the landownersof the regality of Kirriemuir
who had been Angus'svassalswere attempting to prevent JamesV from granting lands within the regality to new proprietors. But if this was their intention, they failed as the king proceeded to parcel out estates of the regality
immediately after Angus'sproscription.
Between the autumn of 1528 and the autumn of 1529 eight individuals
were introduced as new royal tenants and vassals into the regality of Kirriemuir by the king: James Akinheid, Sir John Stirling of Keir, WilliamWood of
Bonnytoun, David Wood of Craig,Henry Kemp of Thomaston, AndrewWood
of Largo, Thomas Erskine of Haltoun (who became later Sir ThomasErskine
of Brechin), and Sir John Campbell of Lundy.3 A ninth new vassal of the
regality, David Garden of Leys, was grantedsome of the new estates obtained
by his cousin, the laird of Bonnytoun, by his kinsmanprior to May 1529.4
'Thomas Thomson, Cosmo Innes, eds., The Acts of the Parliaments of Scotland,
record edition (Edinburgh, 1814-1875), II, 328-329. Cited hereafter as APS.
2Acta Dominorum Concilii, Register House, Edinburgh, XL, 7. Cited hereafter as
ADC.
3J. M. Thomson, J. B. Paul, eds., Registrum Magni Sigilli Regum Scotorum: The
Register of the Great Seal of Scotland (Edinburgh: H. M. Register House, 1882-1912),
III, no. 648 (Akinheid); no. 651 (Keir); nos. 653-654 (Bonnytoun); no. 655 (Craig); no.
656 (Thomaston); no. 657 (Largo); nos. 662, 702 (Haltoun); no. 776 (Lundy). Cited
4Ibid., nos. 782, 783.
hereafter as RMS.
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81
We might expect that these new heritable proprietorsof the regality of
Kirriemuir,who had no previous connections with the former feudal superior,
the sixth earl of Angus (and indeed owed their recent acquisitions to his
forfeiture), would retain control of their estates at least until the end of
JamesV's reign. However, this was not the case. Of all the new landowners
who were introduced into the regality after Angus was forfeited, only three
still possessed their lands in 1542 when JamesV died: William Wood of
Bonnytoun, David Garden of Leys, and David Wood of Craig.5For all of the
remainingnew proprietors resigned their estates into the hands of the king
who, without exception, regrantedthese lands to their originalowners.6
Apart from those original heritable landowners of the regality of Kirriemuir, whose estates were given to new royal tenants by the king, the vast
majority of the vassals of the forfeited earl of Angus managed to maintain
control of their ancestral estates. From the autumn of 1528 until December
1542 the following individuals, who were the leading landowners of the
regality, received royal confirmation of their possessions, which they held
from the proscribed earl of Angus: John Arbuthnott of Brichty, WilliamCarmichael of Crukitstane and Carpow, Thomas Fotheringhamof Powrie, John
Graham of Ballargus, William Graham of Fintry, Sir Henry Lovell of Ballumbie, James Lundy of Balgony, John Lyon, fiar of Kinblathmont, Robert
Maule of Panmure,WilliamOchterlony of Kelle, John Ogilvy of Inverquharity,
Andrew Oliver of Easter Gagie, James Scrimgeour of Dudhope, and John
Wishart of Logie-Wishart.7 Indeed, two of the largest landowners of the
regality, the lairds of Ballargusand Fintry, enjoyed the distinction of not
suffering any loss of possessions duringthe entire period of Angus's forfeiture,
but their good fortune was, in large measure,due to the influence of Fintry's
brother-in-law,David Beaton, abbot of Arbroath (and later cardinal) with
'Ibid., no. 2222 (Bonnytoun); nos. 1056, 1057, 1200 (Leys); nos. 2225, 2539
(Craig).
6Cf. Tables in Appendix.
7RMS, III, no. 655 (Brichty); no. 660 and Scottish Record Office, Register House,
Edinburgh, Murthly Castle Writs GD121/6/11 (Carpow). All family writs located in Register House will hereafter have the prefix SRO. RMS, III, nos. 648, 913, 2284, and
M. Livingston, J. Beveridge, and G. Donaldson, eds., Registrum Secreti Sigilli Regum Scotorum: The Register of the Privy Seal of Scotland (Edinburgh: H. M. General Register
House, 1908-1966), II, nos. 595, 3861 (Powrie). Cited hereafter as RSS. RMS, III, no.
2404 (Ballargus); nos. 885, 2402, 2403 (Fintry); no. 780 and Register House, Edinburgh,
Calendar of Charters, VI, no. 1246 (Ballumbie); RMS, III, no. 1561 and ADC, XXIX,
185-186 (Balgony); RMS, III, no. 781 (Lyon); nos. 702, 750, and SRO, Dalhousie Muniments GD45/27/87 (Panmure); RMS, III, no. 678 (Kelle); no. 714 and J. M. Thomson,
ed., Inventory of Documents relating to the Scrimgeour Family Estates, Scottish Record
Society, 42 (Edinburgh: J. Skinner & Co., 1912), no. 716 (Dudhope); RMS, III, no. 676
(Easter Gagie); SRO, Inverquharity Writs GD 205, Box 3, Bundle III and RSS, II, no.
4503 (Inverquharity); RSS, II, nos. 381, 2660, and RMS, III, no. 2150 (Logie-Wishart).
By indirect evidence it appears that yet another proprietor, Thomas Annand of Kinwherries, retained ownership of his lands within the regality. Cf. Acta Dominorum
Concilii et Sessionis, Register House, Edinburgh, I, 207. Cited hereafter as ADC et Sess.
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JamesV.8 By the end of 1542, therefore, all of the major heritable proprietors of the regality of Kirriemuirwho had been vassals of the forfeited earl
of Angus were in possession of their estates.
The inability of the new royal vassals to retain control of their new
possessions within the regality of Kirriemuiramply demonstratesthe conservative nature of land tenure in Scotland. Although JamesV parcelledout many
of the lands of Kirriemuirto individualswho had never held lands within the
regality before, these men, almost without exception, failed to retain their
new possessions for any extended period of time. Exactly what led these
individuals to resign their new lands cannot be explicitly stated, but it is
probable that they felt their wresting actual control of these lands from their
former owners and, even more importantly, maintenance of control was impossible of achievement. The difficulty of changing long standing actual possession of lands from traditionalproprietors in the early sixteenth century in
Scotland as demonstrated by what occurred in the regality of Kirriernuiris
borne out by what happened to the new royal proprietorsand vassals who
received grants of lands within the other regalities and baronies which had
pertainedto the disgracedsixth earl of Angus.
In the case of the regality of Abernethy in Perthshireits feudal superiority was granted in 1528 and in 1537 to Colin and Archibald Campbell,
successive earls of Argyll.9 Unlike any other of Angus's estates, the feudal
superiority of Abernethy remained in the possession of a single family, the
earls of Argyll, for the entire duration of Angus's forfeiture.10 Yet the new
feudal superiors did not inundate the regality of Abernethy with grants of
lands to their friends, vassals, and kinsmen. From 1528 until 1542 there are
extant only two grants made by the earls of Argyll to two heritable proprietors within the regality: Thomas Balmanno of that Ilk and WilliamMoncreiffe of that Ilk; both were formerly vassals of the earl of Angus.' 1 The
king introduced only a single new vassal into the regality of Abernethy in the
person of his royal laundress,Mariot Atkinsoun, and her husband, John Tennant, who were given various lands in 1531 and retained these estates for
eleven years.12 From 1528 until 1542 the five leading heritable proprietorsof
the regality of Abernethy - WilliamCarmichaelof Crukitstaneand Carpow,
8 Fintry entered into an obligation with David Beaton in July 1541 to solicit his
support with the king for a regrant of all of Fintry's estates. Cf. ADC et Sess, XVI,
42-43.
9RMS, III, nos. 716, 1318; Argyll Muniments, Inveraray Castle, Portfolio 4.
'IRMS, III, nos. 2277, 2813.
''Ibid., no. 1733 (Balmanno) and RSS, II, no. 3494 (Moncreiffe). For these lairds
ancestral vassalage to Angus, cf. Joseph Anderson, The Oliphants in Scotland with a
selection of Original Documents (Edinburgh: Anderson, 1879), no. 92 (Balmanno);
F. Moncreiff and W. Moncreiffe, The Moncreiffs and the Moncreiffes (Edinburgh: Constable, 1929), I, p. 44 (Moncreiffe).
I
2RM4S, III, nos. 1008, 1684, 2813; Register House, Edinburgh, The Register of
Acts and Decreets, I, Pt. I, f. 512.
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83
Peter Carmichaelof Dron, David and Alexander Ogilvy, successive lairds of
that Ilk, and William Petgrunze of that Ilk (who had all been vassals of the
forfeited earl of Angus) - received confirmation of ownership of their possessions.13 Thus, in spite of the existence of a new feudal superior, the earl of
Argyll, and Angus's forfeiture, the structure of land ownership within the
regality of Abernethy remainedbasicallyunaltered.
The regality of Bonkle and Preston, which the earl of Angus owned in
Berwickshire,was of great political value because of its geographicalproximity
to the English frontier. In October 1528 JamesV, in order to entice the
powerful Border clan of the Homes to suppressAngus's rebellion, promised
George, Lord Home, the baronies of Bonkle and Preston, in return for which
Home and his kindred bound themselves to expel the rebel Douglases from
the realm." But the Homes were not able to fulfill their obligation to the
king, and James did not implement his promise to them. However, Lord
Home's brother, John Home, abbot of Jedburgh,was granted by the king a
lease of the barony of Bonkle and one-half of the lands of Preston and
Lintlaws, which the abbot controlled from 1531 until 1536.1 5 JamesV made
only one other grant of lands within the regality of Bonkle and Preston to a
new royal tenant, and that was to the royal comptroller, James Colville of
Uchiltree (who later became Sir James Colville of Easter Wemyss). However,
Colville's estates were in the hands of the Crown prior to December 1540.1 6
The feudal superiority of the regality of Bonkle and Preston was granted
consecutively to two of JamesV's numerous illegitimate progeny, both of
whom were named James Stewart, in 1534 and in 1536, but in actuality the
king controlled the feudal superiority of the regality during the entire period
of Angus's forfeiture.' 7 The availablehistorical evidence on the heritable proprietors of the regality of Bonkle and Preston is scanty indeed, but it appears
that the major landowners within the regality - the lairds of Wedderburn,
Polwarth, Sleichishoussis,Blanerne and Billie - retained their estates without
1 3RMS, III, nos. 1649, 2388 (Carpow); no. 610 (Dron); no. 689 and Thomas
Dickson, Sir James Paul, eds., Compotum Thesaurariorum Regum Scotorum: Accounts of
the Lord High Treasurer of Scotland (Edinburgh: H. M. Register House, 1877-1916), V,
343 (Ogilvy). Cited hereafter as TA. RMS, III, no. 1246 and TA, VI, 71 and RSS, Il, no.
1453 (Petgrunze).
14Historical Manuscripts Commission 12th Report, Appendix: Pt. VIII: MSS. of
the Earl of Home (1891), no. 307, p. 180; R. K. Hannay, ed., Acts of the Lords of
Council in Public Affairs, 1501-1554 (Edinburgh: H. M. Stationery Office, 1932), p. 287.
Cited hereafter as ADCP.
1
5RSS, II, no. 896; ADC et Sess, VII, 167-168.
1 6RMS, III, no. 673 and RSS, II, no. 3651. Colville's lands were later leased to
various renters, who were not heritable proprietors. Cf. J. Stuart, G. Burnett, and
G. McNeill, eds. Rotuli Scaccarii Regum Scotorum: The Exchequer Rolls of Scotland
(Edinburgh: H. M. General Register House, 1878-1898), XVII, 121, 131, 321, 359,
572-573, 763. Cited hereafter as Exch. Rolls.
I7RMS, III, nos. 1425, 1620; RSS, II, no. 2170.
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hindrance during Angus's disgrace.'8 During the period of Angus's proscription, then, no new royal tenant retained his estates permanently within the
regality of Bonkle and Preston.
When Angus was forfeited in 1528, the feudal superiorityof the Douglas
barony of Bothwell in Lanarkshirereverted to the Crown, and the king
granted the barony to James Hamilton, earl of Arran, whose family enjoyed
possession until October 1534.'9 In that month the king invested his eldest
illegitimate son as baron of the Douglas barony of Bothwell, but the new
feudal superior died shortly afterwards.20 In December 1540 the Douglas
barony of Bothwell was among those estates which JamesV had permanently
annexed to the Crown demesne.2l Yet throughout the many vicissitudesand
changes of ownership of the Douglas barony of Bothwell during Angus's forfeiture, it is quite evident that Janet Kennedy, Lady Bothwell, who was the
former wife of the fifth earl of Angus, retained actual possession of the
Douglas barony and resided at Bothwell Castle. Numerouslegal actions which
appeared before the Lords of Council from 1528 until 1542 which dealt with
the lands of the barony confirmed Lady Bothwell's possession as the Lords
decreed "it is the use and consuetude of the said barony of Bothvile that ony
persoun beand rentalit in the said ladyis rentale of ony landis sall broukit and
joyse the samin."2 2 JamesV granted lands within the Douglas barony of
Bothwell to three new royal vassals during Angus's disgrace:Sir John Stirling
of Keir, Robert, Lord Maxwell, and one Matthew Hamilton "of Gudokhill."23
The laird of Keir resigned his lands within the barony before the summerof
1535 in favor of his nephew, John Home of Inverallon,24while Lord Maxwell
and Matthew Hamilton "of Gudokhill" retained their lands until the end of
James's reign. Unlike the regalities of Abernethy and Bonkle and Preston, the
new royal tenants who acquired estates within the Douglas barony of Bothwell kept their new possessionsuntil the king's death.
The available historical documentation on the heritable proprietors of
the sixth earl of Angus in his barony of Bothwell during his forfeiture is
1
8RMS, III, no. 647 (Wedderburn); no. 1232 (Polwarth); nos. 647, 2345 (Sleichishoussis); Historical Manuscript Commission, Report on the MSS. of David Milne-Home
of Wedderburn (1902), nos. 388, 390-391 (Blanerne and Billie).
1 9RMS, III, no. 707; Historical Manuscript Commission 11th Report, Appendix:
Pt. VI: MSS. of the Duke of Hamilton (1887), no. 26, p. 20. What makes a study of the
barony of Bothwell so difficult is the fact that since the 1490s three distinct baronies of
Bothwell (which shared some lands in common) existed and belonged to the Douglas
earls of Angus, the Hamilton earls of Aaran and the Hepburn earls of Bothwell. Cf. RMS,
II, nos. 2106, 3413 (Douglas); II, no. 1055 and III, nos. 707, 2202 (Hamilton); II, nos.
1784, 2452, 3635 (Hepburn).
20RMS, III, no. 1425;RSS, II, no. 3228.
21Ibid., no. 2233; APS, II, p. 361.
2 2ADC, XLII, 38. Cf. ADC, XLI, 59, 101-102; XLIII, 47, 107, 111; ADC et Sess,
I, 379-380; II, 4; VI, 82; VIII, 132; X, 38, 134.
2 3RMS, III, no. 635 (Keir); no. 642 (Maxwell); no. 674 (Hamilton).
24Ibid., no. 1481.
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85
extremely meager. Indeed, for the entire period of Angus's disgrace, there is
record of only three landowners of the barony of Bothwell who had been
Angus's vassals: Elizabeth Adamsoun, MargaretBrown, and George Home of
Wedderburn,who retained their possessions.2' Although we must use conjecture here because of the dearth of historical evidence, it seems likely that
the hereditarylandownersof the Douglas barony of Bothwell were untroubled
in their estates from 1528 until 1542.
Among those vassals who publicly procalimed in parliamentin Septem
ber 1528 their disapprovalof Angus's (their feudal superior) political actions
were five heritable proprietors of Angus's barony of CrawfordDouglas alias
Crawford Lindsay in Lanarkshire:Adam Weir of Racleuch, Robert Tynto of
Crympcramp,David Lindsay, earl of Crawford, MargaretCarruthersand her
son John Weir, and Jonet Taillefeir and her son WilliamGraham.26 The king
showed himself amenable to these former vassals of the forfeited earl of
" JamesV also, apart from sevAngus, and none of them were dispossessed.2
eral grants which he made to new royal tenants of the barony of Crawford
Douglas, confirmed to the former vassals of the earl of Angus their lands
within the barony. From 1528 until 1542 the king regrantedto the following
leading heritable proprietors their estates within the barony of Crawford
Douglas: William Graham of Little Clyde, MargaretCarruthersand her two
sons Adam and John Weir of Nether Newton, James Hamilton of Shawfield,
Peter Carmichaelof Balmaddy,and John Carmichaelof Meadowflat.28
With the forfeiture of Angus in 1528, the feudal superiority of the
barony of CrawfordDouglas reverted to the possession of the king, who kept
it until his death. CrawfordDouglas was among those estates of the sixth earl
of Angus which were, in fact, annexed to the royal demesne in December
1540.2 9 During his possession of CrawfordDouglas the king introduced three
new royal proprietorsinto the barony: Robert, Lord Maxwell, William, Lord
Borthwick, and James Lindsay, the keeper of the royal hawks; and Borthwick
and Lindsay retained possession of their lands at the end of JamesV's
reign.3 0
2
5APS, II, p. 328 (Adarnsoun); RMS, III, no. 2105 (Broun); no. 641 (Wedder-
burn).
26APS, II, 328-329.
7Cf. RMS, III, IV, passim (Crawford); III, no. 3246 (Racleuch); IV, no. 2576,
and Thomas Thomson, ed. Inquisitioneum ad Capellam Domini Regis Retornatarum...
(Edinburgh, 1811-1816), I, Lanark, no. 141 (Tynto).
28RMS, III, nos. 1870, 2281 (Graham); RSS, II, nos. 4701-4702 (Carruthers and
Weir); RMS, III, 360 (Shawfield); RSS, II, no. 4745 (Balmaddy); RMS, III, nos. 1753,
2752 (Meadowflat).
29APS, II, 361; RMS, III, no. 2233.
30Ibid., nos. 642, 875 (Maxwell); no. 1826 (Borthwick); no. 1870 (Lindsay) and
no. 2986. Lord Maxwell resigned his lands in Crawford Douglas in exchange for others in
the stewartry of Kirkcudbright in 1535. Ibid., no. 1475.
2
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Of the severalvassals of the earl of Angus who appeared before parliament in September 1528 to claim exemption for their lands from Angus's
proscription were two heritable proprietors of the barony of Douglas in
Lanarkshire:Robert Logan of Coitfield and WilliamGrahamof Corsrig;both
later received confirmation of their estates.31 As was the case with Crawford
Douglas, the feudal superiority of the barony of Douglas reverted into the
hands of JamesV, who never relinquishedcontrol and annexed the barony to
the royal demesne in December 1540.32 Several lands of the barony of
Douglas were set in feuferm as is evidenced by the list of assedations which
was compiled in 1539 and was, in effect, a rental of the barony. As there is
no extant rental of the barony of Douglas when it belonged to the earl of
Angus prior to 1528, it is impossible to state categoricallythat these individuals had been tenants of Angus before his forfeiture. However,as the majority
of these lands were not charged nonentry fees (which would indicate either a
lapse or change of tenure), it is not implausible to assume that this list of
1539 is an accurate list of the small renters who held lands in the barony of
Douglas before Angus's disgrace.33 This interpretationis further strengthened
by the fact that in 1532 JamesV ordered the royal comptroller to rent the
lands of Douglas to "the habitaris,possessouris,tenantis and to thaim havand
rycht to the samin."34
While the king showed admirableconcern for the property rights of the
small renters and tenants of the barony of Douglas, he did not, however,
extend his generosity to the more important landowners of the barony.
Indeed, with the sole exception of the regality of Kirriemuirfrom 1528 until
1542 the lands of the barony of Douglas were parcelled out to more new
royal tenants and vassals than in any other lordship, regality, and barony
which had belonged to the erstwhile earl of Angus. Commencingin September
1528, the king granted lands within the barony of Douglas to eight new royal
vassals: Hugh Crawfurd, James Colville of Uchiltre, Robert Gib, Sir James
Hamilton of Finnart, Gavin Hamilton "of Drumalbane,"Robert, master of
Semple, James Gordon of Lochinvar,and Thomas Richardsoun,indweller in
Leith.3 However,of all of these new royal tenants who acquiredlands within
the barony of Douglas from 1528 until 1542, only Robert Gib, Gavin Hamilton "of Drumalbane,"and Thomas Richardsounwere still landowners at the
time of James's death.36 Similarly to what occurred in the regality of Kirriemuir, the vast majority of the new royal proprietorsof the barony of Douglas
1APS, II, 329-330; RMS, III, no. 629 (Coitfield); no. 650 (Corsrig).
no. 2233;APS, II, 361.
33The rental of the barony of Douglas in 1539 is found in Exch. Rolls, XVII,
68 1-687.
34ADC et Sess, I, 61.
35RMS, III, no. 671 (Crawford); no. 672 (Uchiltre); no. 749 (Gib); RSS, II, no.
430 (Finnart); RMS, III, no. 1243 (Hamilton); nos. 1315-1316 (Semple); RSS, II, nos.
2440, 3907 (Lochinvar); ibid., no. 2642 (Richardsoun).
6Exch. Rolls, XVII, 683, 687.
3
3 2Ibid.,
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87
did not retain their estates for an extended period of time while the major
landowners who had been vassals of the sixth earl of Angus were allowed to
keep their possessions. During Angus's proscription the king confirmed the
possession of estates within the barony of Douglas to the leading landowners,
who were the lairds of Carmichael, Symington, Corsrig, Stanebyres, Parkhead,
the fiar of Cardrono, William Inglis, and Simon Pena go.3 Thus the major
heritable proprietorsof the barony of Douglas, who held their lands from the
earl of Angus in 1528, were still in possession of their lands in 1542.
For Angus's regality of Jedburgh Forest in FoxbUrghshire and the
barony of Selkirk in Selkirkshirethe historical records about land ownership
are so meager as to make it impossible to give any but the most cursory
analysis of land tenure. In Jedburgh Forest only one new royal vassal was
introduced by JamesV, Sir Walter Scott of Buccleuch, who held the feudal
superiority of the regality from September 1528 until May 1530 when he was
deprived of his new property.38 Thereafter the feudal superiority of the
regality of JedburghForest remainedwith the king, who annexed these estates
to the Crown lands in 1540.39 The chief landed proprietors within the
regality, the lairds of Stewartfield, Ferniehirst, Wedderburn,Hundalee, and
Prirnsidlochall received royal confirmation of their estates during Angus's
forfeiture.40 Two other families, the Douglasesof Caversand the Douglasesof
Bonjedburgh, were also vassals of Angus within the regality of Jedburgh
Forest, but the family papers of Cavershave almost a complete hiatus from
1513 until 1560 while the papers of Bonjedburghhave not survived. From
indirect evidence, however, it appears that neither James Douglas of Cavers
nor William Douglas of Bonjedburghwere deprived of their lands within the
regality.41 As for the barony of Selkirk, JamesV did not introduce any new
royal vassals and tenants into this barony from 1528 until 1542, and its
annexation to the Crown demesne, although not expressed, is implied in the
general annexation of most of Angus's estates in December 1540.42 During
the entire period of Angus's forfeiture there is record of only four landowners
within the barony of Selkirk who all received royal confirmation of their
possessions, which they had formerly held from Angus-Jamesand Philip
Murray, successive lairds of Falahill, and William and Adam Ker in The
3 7RMS, III, no. 761 (Carmichael); RSS, II, nos. 521, 3907 and TA, VIII, 3
(Symington); RMS, III, no. 2281 (Corsrig); RSS, II, no. 2394 (Stanebyres); ADC et Sess,
II, 118 (Parkhead); SRO, Inventory of the Earls of Hyndford Writs, Bundle XIII, no. 6
(Cardrono); RSS, II, no. 1507 (Inglis); no. 3645 (Penango).
38RMS, III, no. 640; ADCP, pp. 327-328.
39 RMS, III, no. 223 3; APS, II, 361.
40RMS, III, no. 638 (Stewartfield); ibid., (Ferniehirst); no. 641 (Wedderburn); no.
663 (Hundalee); SRO, Newbattle Collection GD 40, Portfolio IX, no. 69 (Primsidloch).
41 Cf. Historical Manuscript Commission 14th Report, Appendix, Pt. III: MSS. of
the Duke of Roxburghe (1894), no. 17, pp. 13-14 (Cavers); RSS, II, nos. 3597, 3615
(Bonjedburgh).
42RMS, III, no. 2233; APS, II, 361.
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88
The Sixteenth CenturyJournal
Schaw.43 It seems likely that the structure of land ownership in both the
regality of JedburghForest and the barony of Selkirk was virtually unaffected
by Angus'sforfeiture.
The last possession of the sixth earl of Angus, the free barony of Tantallon within East Lothian, is unique among his estates as it consisted only of
the dominical lands and the castle of Tantallon, and these had never been
granted by Angus to any of his vassals.44 JamesV granted the barony and
castle of Tantallon in feuferm to two individuals, Patrick Hepburn, earl of
Bothwell, and Thomas Erskine of Haltoun in 1529, but by 1535 the barony
was in reality controlled by the Crown and was annexed to the royal demesne
in 1540.45 Only two other individuals were given lands within the barony,
Hugh Johnstoun, the royal cook, and James Akinheid, captain of Dunbar
from 1528 until 1542, and by the latter year both had lost their lands.46
The pattern of land tenure in the various regalities and baronies which
comprised the Douglas earldom of Angus demonstratesquite clearly that the
sixth earl of Angus's forfeiture in 1528 did not cause a mass dispossessionof
his vassals and heritable proprietors. Upon payment of the requisite fees and
maintenance of political good behavior the vassals of the forfeited earl were
able to maintain possession of their ancestralestates. Two-thirds of the new
royal vassals and tenants who acquired lands within the former Douglas earldom of Angus had lost their new possessions prior to the death of JamesV,
their benefactor. Exclusive of the grantswhich were made of the feudal superiorities of Angus's individual baronies and regalities, there were grants made
to thirty-four new royal vassalswho were thus introduced into the earldom of
Angus: one in the regality of Abernethy, three in the regality of Bonkle and
Preston, five in the barony of Bothwell, three in the barony of Crawford
Douglas, four in the barony of Tantallon,eight in the barony of Douglas, and
nine in the regality of Kirriemuir.Out of these thirty-four individualswho
received lands from 1528 until 1542, only eleven were still proprietorsby the
end of JamesV's reign. In addition, eleven grantshad been made to new royal
vassals of various feudal superiorities of Angus's possessions, but only one
remained in possession in 1542. The power of the Scottish Crown to enact
forfeiture was, in terms of the structure of land tenure in early sixteenth
century Scotland, ameliorated to a great degree by actual possession of the
lands by their original proprietors. Hereditary land ownership united with
political loyalty made it impractical, if not impossible, for the Crown to
implement successfully a policy of wholesale dispossession of the feudal
vassals of a forfeited magnate.
I3RMS, III, nos. 740, 1049 (Falahill); no. 472 (Ker).
44 Cf. William Fraser, The Douglas Book (Edinburgh, 1885), III, 79-80.
5RMS, III, no. 738 (Bothwell); no. 801 and John Stuart, ed. Miscellanyof
the
Spalding Club (Aberdeen: Bennet, 1841-1849), II, "The Pittrodie Papers," no. IX
(Erskine). James V granted Tantallon Castle to his two illegitimate sons in 1534 and in
1536. RMS, III, nos. 1425, 1670. Cf. ibid., no. 2233;APS, II, 361.
' 6RMS, III, no. 644 (Johnstoun); no. 1110 (Akinheid).
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Scottish Land Tenures Forfeiture
89
GLOSSAR Y
Escheat: an "incident" of feudal law whereby a fief reverted to the lord when the tenant
died without leaving a successor qualified to inherit under the original grant. In Scotland,
in a wider sense including confiscation or forfeiture of property, real or personal. (Oxford
English Dictionary, V. III: D-E [1933], p. 284.)
Feuferm: Scots Law: that kind of tenure by which land is held of a superior on payment
of a certain yearly rent. Also to hold ... in feuferm. (Oxford English Dictionary, V. IV:
F-G [1933], p. 179.)
Fee-Simple: an estate in land belonging to the owner and his heirs forever, without
limitation to any particular class of heirs. In fee-simple: in absolute possession. (Oxford
English Dictionary, V. IV: F-G [1933], p. 137.)
Fiar: The owner of the fee-simple of a property. (Oxford English Dictionary, V. IV: F-G
[1933], p. 183.)
Laird: A landed proprietor. In ancient times limited to those who held immediately from
the king. Lesser barons. In Scotland every tenant in capite, holding in ward and blench,
continued to be reckoned as a baron and was known as the laird. (Oxford English
Dictionary, V. VI: L-M [1933], p. 30.)
Liferent: Scots Law: a rent which one is entitled to receive for life, usually support.
(Oxford English Dictionary, V. VI: L-M [19331, p. 264.)
Mark/Merk: In Scotland: a coin of the value of 13s.4d. Scots ... 13s.4d. Scots
13 1/3 d. English. (Oxford English Dictionary, V. VI: L-M [1933], p. 170.)
Nonentry: Failure of the heir of a deceased vassal to renew investiture. Also the feudal
casualty due to the immediate superior upon such a failure. (Oxford English Dictionary,
V. VII: N-Poy [1933], p. 195.)
Of That 1lk: Of the same place, territorial designation of. E.g. Guthrie of that Ilk=
Guthrie of Guthrie. (Oxford English Dictionary, V. V: H-K [1933], p. 37.)
Regality: Scots Law: Territorial jurisdiction of a royal nature granted by the king. A
particular territory or area subject to a lord of regality. (Oxford English Dictionary, V.
VIII: Poy-Ry [19331, p. 362.)
Revocation: In Scotland every monarch when he entered his twenty-fifth year of his age,
could and often did, revoke all charters and grants made during his minority. This
procedure was termed a revocation or general revocation. James V made his general
revocation in the year 1536-1537.
Sasine (Seisin): Scots Law: the act of giving possession of feudal property. Also colloquially: the instrument by which the fact of possession of feudal property is proved.
(OxfordEnglishDictionary,V. IX: S-Soldo [19331, p. 115.)
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90
The Sixteenth CenturyJournal
Appendix:
Tables of New Royal Tenants Within the Douglas Earldomof Angus, 1528-1542
Regality of Kirriemuir
New Proprietor
Lands
PreviousOwner
Length of Occupancy
1. James Akinheid
Laindsand Mill ol Balmuir
Thomas Fotheringham
of Powrie
Autumn 1528-March1529*
(in possession of original
owner)
2. Sir John Stirlingof Keir
Baronyof' Ethiebetoun
The earls of Crawford
as vassalsof the
earls of Angus
Autumn 1528-February1529
(to Sir Thomas Erskine
of Brechin)
3. WilliamWood of
Bonnytouni
Kingennie
NinianGuthrie of
Kingennie
Autumn 1528-1529* (in
possessionof original
owner)
Easterand Wester
Petmowe
WilliamDempsterof
Carraldston
Autumn 1528-1529* (in
possession of original
owner)
Balnagarro,Chapelton
and eight acres of
Whitefield
John Ogilvy of
Inverquharity
Autumn 1528. Priorto 1542
in possession of
originalowner
Overand Nether
Ballinshoe
John, LordGlamis
Autumn 1528-May 1529
Finlarg
Sir John Campbellof
Lundyand William
Sinclairof Finlarg
December 1540 to end
of James V's reign
4. DavidWood of Craig
Whitefield
John, Lord Forbes
Autumn 1528 to end
of JamesV's reign
5. Henry Kemp of
Thomaston
Glaswelland Torburnes
WalterOgilvy of
Glaswelland Walter
Scrimgeourof Glaswell
Autumn 1528-March1530*
(in possession of
originalowners)
6. Andrew Wood of Largo
Ballindargand
Drumsched
John Wishartof
Logie-Wishart
Autumn 1528-October 1529*
(in possession of original
owner)
7. Thomas Erskineof
Haltoun,later Sir
Thomas Erskineof
Brechin
Lawisand Baldovy
Henry Ramsayof
Lawis
Autumn 1528-February 1532
(By 1540 in possession of
original owner)
Ummochoquy
Robert Lauderof Bass
Autumn 1528-July 1535*
(in possession of
originalowner)
3rd part of Monifieth
John Arbuthnott of
Brichty
Autumn 1528-February 1529*
(in possession of
originalowner)
Panlathyand 3rd part
of Petconra
Robert Mauleof
Panmure
Autumn 1528-March 1529*
(in possession of
originalowner)
Ethiebetoun
Sir John Stirling
of Keir
February1532-August 1538
(in possessionof Robert
Lauderof Bass)
8. Sir John Campbellof
Lundy
Finlarg
WilliamSinclair
of Finlarg
Autumn (?) 1528-April 1529*
(in possession of
originalowner)
9. DavidGardenof Leys
Overand Nether
Ballinshoe
WilliamWood of
Bonnytoun
May 1529 to end of
JamesV's reign
1. Colin and Archibald
Campbell,successive
Feudal superiorityof
entire regality
ArchibaldDouglas, sixth
earl of Angus
December 1528 to end
of JamesV's reign
2. John Tennant and
MariotAtkinsoun
Mylcroftof Aberargy
Peter Carmichaelof
Dron (?)
April 1531-October 1542*
(in possession of earl
of Argyll)
Regality of Abernethy
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Scottish Land TenuresForfeiture
91
Regality of Bofnkleand Preston
Length of Occupancy
Previous Owner
Lands
New Proprietor
1. JamesColvilleof
Uchiltre, later Sir
JamesColvilleof
EasterWemyss
Half ol the lands of
Prestonand Lintlaws
ArchibaldDouglas,sixth
earl of Angus
September I 528-ante
December 1540 when lands
in possession of the Crown
2. John Home, abbot
of Jedburgh
Leaseof the barony of
Bonkle and hall of the
lands of Prestonand
Lintlaws
ibid.
153 1-1536
3. James Stewart I
Feudal superiorityof
entire regality
JamesV
1534-1536
4. JamesStewart II
ibid.
James Stewart 1
1536
1. Jamesand James
Hamilton,successive
earlsof Arran
Feudal superiorityof
entire barony
ArchibaldDouglas,
sixth earl of Angus
November 1528October 1534
2. James Stewart I
Feudal superiorityof
entire barony
James Hamilton, second
earl of Arran
1534-1536 (thereafter
annexed to Crown
demesne)
3. Sir John Stirling
of Keir
Kettilscheill, Horsopcleuch, Cronkle, Handaxwood, Byrecleuch,Trottaneshaw,Forest of Dye
ArchibaldDouglas, sixth
earl of Angus
1528-1535 when Keir
resignedthese lands to his
nephew, John Home of
Inverallon
4. John Home of
Inverallon
ibid.
Sir John Stirling
of Keir
1535 to end of
JamesV's reign
5. Robert, Lord
Maxwell
Wistoun,Todhillis and half
of the barony of Dunsiar
ArchibaldDouglas,sixth
earl of Angus
1530 to the end
of James V's reign
6. MatthewHamilton
Gudokhill
ibid.
1530 to the end of
JamesV's reign
1. James V
Feudal superiorityof
entire barony
ArchibaldDouglas,
sixth earl of Angus
Annexed to Crown
demesne-l540
2. Robert, Lord
Maxwell
BondingCrawfordmnure,
ton, Hyndfordand
Halkschawis
ibid.
1528-1535
3. William,Lord
Borthwick
Hyndford
Robert, Lord Maxwell
1535 to end of
JamesV's reign
4. James Lindsay
Westschaw,Hilhousemedo, Smithisholme
ArchibaldDouglas, sixth
earl of Angus
1538 to end of
James V's reign
1. JatnesV
Feudal superiorityof
entire barony
ArchibaldDouglas,sixth
earl of Angus
Annexed to Crown
dernesne-1540
2. Hugh Crawfurd
Netier Carmichael
WilliamCarmichael
of that Ilk
Autumn 1528-March1529*
(in possession of
originalowner)
3. James Colville of
Uchiltre
OverCarmichael
ibid.
Autumn 1528-March 1529*
(in possession of
originalowner)
4. Robert Gib
Toftis
ArchibaldDouglas, sixth
earl of Angus
Autumn 1528 to the end
of James V's reign
5. Sir James Hamilton
of Finnart
Hesilsideand
Pornukis
Williamand Archibald
Symington, successive
lairdsof Symington
1529-January1530* (in
possession of
originalowner)
6. Gavin Hamilton
Drumalbane
ArchibaldDouglas, sixth
earl of Angus
1529 until end of
James V's reign
Douglas Barony of Bothwell
Barony of CrawfordlDouglas alias CrawfordzLildsav
Barony of Douglas
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92
The Sixteenth CenturyJournal
New Proprietor
Lands
Length of Occupancy
PreviousOwner
7. Robert, masterof
Keeperof DouglasCastle
and the lands of Wistoun,
WyndrawBregtoun,
mill of Brokkismylin,
mains of Douglas
ibid.
1529-1537
8. JamesGordon of
Lochinvar
ibid.
Robert, master of
Semple
1537-1541
9. Thomas Richardsoun
Sandilands
ArchibaldDouglas,sixth
earl of Angusand James
Douglasof Parkhead
1537 to end of
JamesV's reign
1. Sir WalterScott
of Buccleuch
Feudal superiorityof
entire regality
Regality of Jedburgh
ArchibaldDouglas,sixth
earl of Angus
1528-May 1530. These lands
annexed to Crown
demesne in 1540
Barony of Selkirk
No new proprietorswere introduced by JamesV from 1528-1542
Barony of Tantallon
1. PatrickHepburn,
earl of Bothwell
Leaseof entire
barony
ArchibaldDouglas,sixth
earl of Angus
January-June1529
2. Sir Thomas Erskine
of Brechin
ibid.
PatrickHepburn,earl
of Bothwell
1529-1535
3. JamesStewart I
Feudal superiorityof
entire barony
Sir Thomas Erskine
of Brechin
1535-1536
4. James Stewart 11
ibid.
James Stewart 1
1536. These lands annexed to
Crown demesne in 1540
5. HughJohnstoun
Reidsideand
Caldeside
ArchibaldDouglas,sixth
earl of Angus
1528-1532
6. James Akinheid,
captain of Dunbar
ibid.
HughJohnstoun
1532-ante December 1540
*After the terminalsale listed, the property reverted to the original owner.
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