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Subj:     [BROWNLEE-L] Brownlee Records from Scotland

Date:     8/16/99 9:30:18 PM Mountain Daylight Time

From:     aria99@gateway.net (aria99)

Reply-to: aria99@gateway.net (aria99)

To:  BROWNLEE-L@rootsweb.com

 

>From the Commissariot of Lauder, Index of Wills 1561-1800

 

BROWNLEE or BROWNLEES, Gilbert, in Lidgertwood.  See DONALDSON, Alison  (this is usually the wife)

    "    Janet, spouse to John Burne, violer in Ersiltoune    10 Mar 1653

    "     Patrick, in Lidgertwood    14 July 1663

    "    Thomas, in Falsathill.  see COSSAR, Margaret

 

>From the Commissariot of Lanark Index of Wills 1595-1800

 

BROUNLIE, Bessie, relict of John AULDSTOUN, in  Stanehouse    28 Jan 1650

    "    Elizabeth, relict of John Lein, in Borland, parish of Lesmahago    23 Jan 1708

    "    John, in Toun of Belstaine, parish of Carluke    9 Feb 1624

    "    John, in Tofts, parish of Douglas, see also RUSSELL, Helen    1 Nov 1714

    "    Robert, servitour to Robert Greinschellis, in Law, parish of Carluke     11 Feb 1625

    "    Robert, writer, in Lanark, parish of Lanark    20 June 1747

     Have more, will post a few every day..............

 Subj:     [BROWNLEE-L] Records from Scotland--Part 5

Date:     8/20/99 9:13:30 PM Mountain Daylight Time

From:     aria99@gateway.net (aria99)

Reply-to: aria99@gateway.net (aria99)

To:  BROWNLEE-L@rootsweb.com

 

EDINBURGH MARRIAGE REGISTER--1595-1700

 

BROWNLEE (BROUNLEY, BROUNLIE, BROWNLEY), Alexander, tailor; Marjory M'Illfrice    8 July 1669

    "        Alison; Gilbert Wat, messenger     21 Sept 1613

    "        Christian; Peter Harper, tailor    16 Dec 1624

    "        Helen; Willliam Baine, smith    4 Mar 1681

    "        Janet; William Robertson, goldsmith    6 July 1675

    "        John, baker; Christian Weir    4 June 1605

    "        Margaret; Peter Symsone, tailor    24 July 1645

    "        Margaret; John Gray, soldier    19 April 1670

    "        Thomas, writer; Marjory Logan    20 April 1677

    "        John, coalman; Janet Craig, at Duddingston    30 May 1697, m. 18 June 1697

 

 

Further from the Protocol Book of James Young  1485-1515

 

 

 

    Instrument narrating that Richard FASSYNTONE, a bailie of Canongate, passed at the request of John BROUNELE [or] Carwour (1) to two adjacent tenements on the south side of the high street of Canongate, between the land of John CRAUFFORD on the east and the land of the deceased Nicholas BRACOLE on the west, and there the said John, in presence of the said bailie, handed to the notary a paper document (cedula papirea), which was read; after the reading of this document the said John CARWOUR broke the sasine of the said tenements given by the said bailie to Adam WITHIRSPONE, as heir of this deceased father, Alexander WITHIRSPONE, through a precept of the lord abbot, alleging that the said sasine was given to the said Adam in prejudice of him, the said John, as at more length was contained in the said document.  Dated 25 May 1489.  Witnesses: John ERSKYNE, John THOMSON, Martin GORDON, Patrick GILMOUR,  Quentin MURRAY, Robert BISSAT, Peter WOD,  Robert FARHAM, and Ingram WILD, !

serjeants.  [Cf. Register House Charters, No 545 A].

                Nore (1) Later designed "John of Brounele carwour" and "John Carwour"

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Subj:     Torfoot, the Land

Date:     8/26/99 6:15:35 PM Mountain Daylight Time

From:     aria99@gateway.net (aria99)

Reply-to: aria99@gateway.net (aria99)

To:  BRudo1@aol.com (Betty Rudolph)

 

File:  Torfoott.txt (22001 bytes)

DL Time (57600 bps): < 1 minute

 

    Got on early tonight just to get this to your before Gateway could screw things up any more than they have...........I am so far behind.  Meant to get these out to you last night, but the system died again before I could get through my in box.  So decided to get on early and get some things done on the "old" stuff, then go do more of my work here.  Hopefully I will be able to log back on tonight and look at today's e-mail.  But I think this tells the land story better.  Yes, I remember reading in the Days of Duchess Ann that they did offer some land for sale.  I also thought of the possibilty that they bought it.  I also believe that perhaps they got it due to Eleazar's line dying out...and the possiblity that Marion had a stake in it and the Hamilton/Brownlee "combo" were the logical ones left.  At any rate, read this and give me your thoughts.

**************************************************************************  

 

 

 Betty, I screwed up, it was the GRAND NEPHEW of the Regent for Mary, Queen of Scotts who was the cautioner for the will of Thomas Hamilton's second wife, Marion Craig.  (See below).  But I think you will see that the "laws" in 1547 had nothing to do with the ownership of Torfoot.  It was the "inheritance" of the Hamiltons....which the heir recieved when he came of age.  One of his sons and family apparently lived there for awhile as you will see below.  Torfoot as "land" has been very much a "pawn" of the Hamilton family until the Brownlees and Hamiltons recieved their charter for it.

 

 

    First description of the "lineage" of the Torfoot lands as found in Descriptions of the Sheriffdoms of Lanark and Renfrew, by William Hamilton of Wishaw.  Compiled about 1710, printed at Glasgow, 1831.

 

 

    AVENDALE-- is a great paroch, having the water of Aven running thorough the midle of it; with a noble old castle, called Avendale castle, situat near to the church, within the village or burgh of baronie of Strathven, upon the water of Pomilin, before it fall into Aven.  it is plentifull country, espeacially in grass, and no want of corns.  This baronie did ancientlly belong to the BAIRDS; and thereafter came to SINCLAIR; and from them to the Earle of Douglas, with whom it continued severall ages; and after his fatall forfaulture, in anno 1455, it was given by King James the Third to Andrew Stewart, whom he created Lord Avendale; and it continued with him and his heires untill 1538, or thereby, that he exchanged it with Sir James Hamilton for the barony of Ochiltree, in the parliament 1543 [1534?].  From which tyme , it continued with the successors of Sir James Hamilton untill it was acquyred by James, first of that name, Marquess of Hamilton; and continueth with his successors since  This paroch is large, and lyeth betwixt the parishes of Killbryde to the west, Hamilton to the north and northeast, and Glaffoord, Stonehouse and some parts of the shyre of Ayre to the south and southeast.  There are many small vassals in this parish, besyde three or four gentlemen----OVERTOUN, NETHERFIELD, RYLANDSYDE,  and KYPE; but all of them hold of the familie of Hamilton.

    The teinds of this parish was anciently mortified by the Earle of Douglas, with the teinds of Stanehouse, to the prebends of Bothwell; bot the Duke of Hamilton is now both titular and patron of both these parishes.

 

****************************************************************************************************************************************************

 

From The Greening Peerage of Scotland

 

    He takes the Hamiltons on back to the 11th or 12th century, but I want to focus on the "more recent" Hamiltons who will bring us to Torfoot, so I will start several centuries later with James, 2nd Lord Hamilton.

        James, 2nd Lord Hamilton was highly favored by James II  & james III.  In 1474 Lord Hamilton marries, Mary, daughter of James II and eldest sister of James III.  James & Mary had two children, James, third Lord Hamilton, and Elizabeth, who married Mathew Stewart, ealr of Lennox and was to become the ancestor of James I of England, James VI of Scotland, via Henry, Lord Darnley, her grandson.

        James, second Lord Hamilton died 1479.

 

    James, 3rd Lord Hamilton

                Was one of the privy council to James IV.  He was sent to England to negotiate the marriage between James IV and Margaret, eldest daugher of Henry VII, which he concluded.  For this, the king gave him the county/island of Arran and created him Earl of Arran in 1503.

            In 1512 he was sent with a force of men to the assistance of France and receive a pension for life.   In 1520 he was appointed warden of the South Marches, and was regent of Scotland in the minority of James V.

                            He died in 1530.  He married three times: (1) Beatrix, daughter of John, Lord Drummond, by whom he had a daughter; (2) Janet, daughter of Lord Home, no issue, and (3) Janet, daughter of Sire David Beaton, comptroller of Scotland.  The last marriage produced four children:  James, 4th Lord Hamilton, Sir John Hamilton of Cliddesdale, Lady Helen, married 4th Earl of Argyll, and Lady Jane, married 5th earl of Glencairn.

*****************************************************************************

 

        Now to A history of The House of Hamilton, by Lt.-Col George Hamilton, Edinburgh, 1933.

 

 James, the 3rd Lord Hamilton had several illigitimate children, but the most prominent and favored of all was, Sir James Hamilton of Fynnart.  His mother is said to be Mary, daughter of _________Boyd of Bonshaw (they got around didn't they????).  A favorite of King James V, he rose rapidly to wealth and power and, at the height of his fortune, suddenly fell, and was executed on the scaffold on a charge of treason.   The legend goes that James V had nightmares after executng James of Fynnart.  The nightmares kept showing him with his arms cut off.  James V attributed this to Hamilton haunting him and shortly thereafter BOTH young princes died.  James V took this as an omen.  This left Mary, yet unborn to inherit the crown (eventually Mary, Queen of Scots).

 

    James of Fynnart is first mentioned in the confirmation 3 Nov 1507 of a grant by the Earl of Arran to his natural son, James, of the lands of "Fy" (Fynnart) in Renfrewshire.  In 1510 he had the grant of the settlement of his estates made by the Earl, confirmed under the Great Seal 17 and 20 Jan 1512/13, after remainders to his legitmate issue, the first remainder over was to his natural son James Hamilton of Fynnart, who was by the confirmation also legitimated.  He was knighted about 1513, when he is first called Sir James.  His uncle was Sir Patrick Hamilton of Kincavil.  He was appointed Master Steward or Cupbearer to the King in 1526, Captain and Custodian of Linlithgow Palace to himself and his male heirs, in 1527 he was named Captain and Keeper of Dunbarton Castle for life.  In 1528 he was appointed sheriff of Ayrshire and Master of the King's stables.( A John Hamilton --of Glengavill-- is described as a Depute Sheriff of Ayrshire in 1523----Glengavill is where Torfoot is).  The Earl of Arran died in 1529 (conflict with above by one year) and appointed Sir James sole executor of his will and tutor to his lawful son, James, who afterwards became Lord Governor of Scotland (Regent for Mary, Queen of Scots) and Duke of Chatelherault.

 

    Following are Sir James' land grants:

 

        1522-Apr 4--lands and barony of Cambusnethan and the alnds of Carsewell

        1529-Aug 11--lands of Boghouse and Fairholme

        1526-Sept 1-- lands of Thornton Peil, etc.

        1526-Oct 8--Lands of Quiterig (Stirlingshire)

        1526-Oct 14-lands of Houstoun and Drumcorse or Wray (Linlithgowshire),  In 1530 he sold half of Houstoun and the lands of Crumcorse as to half in Sept 1528 and the other half in Nov 1534

        1526-Oct 14--lands of Bothwell from Earl of Arran

        1527-Apr 18-- From the Earl of Angus, half the wardship and reliefs, etc of the lands of deceased John , Erl of Lennox.  The King gave him the other half Apr 27.  James resigned the same to Andro, Lord Avondale the same year.

        1527/8-Feb 16--Grant by Sir James of half the lands and mill of Gorgie to his cousin, James hamilton of Shawfield.

        1528-Mar 30 & Apr 8 1529-Half the lands of Crawfurdjohn to himself and Margaret Livingstoun, his spouse, in exchange for the lands of Drumry.

        1529-Mar 25-From the Earl of Arran, one half of the Earl's land in Scotland

        1530-Dec 13--The lands and barony of Ochiltree with the Sheriffdom of Renfrewshire and Coronatorship of Lanark in exchange for the lands and barony of Eister Wemyss.  The lands etc acquired were settled on Sir James and his spouse Margaret Livingstoun and their heirs with remainders -over to the Earl of Aran q.d. to Gavin Hamilton , the Earl's brother.

        1531-May 15-Grant by Sir James Hamilton of half the lands and barony of Symington and Barnwell to William Hamilton of Sanquhar.

        1533-Apr 4--the 5 merk lands of Esther Letham

        1533-June 26-Lands of Lybank, Rylandside, Langkype, Drumclog, Kirkwood, Hairshaw, Letham, Carnduff, etc, and Kittymure.

        1533-Dec 4--Lands of Cessfor, Blair, Scoryholme, etc to Sir James and his heirs q.d. to his natural sons Andrew, James, Sr., and James, Jr. in succession.

        1534-Aug 31--the lands and barony of Avendale in exchange for the lands and barony of Ochiltree

        1535-Sept 25--lands of Newton & Brakenridge from Malcolm, Lord Fleming

        1535/6--lands of Kilmarnock and numerous other lands

        1538-Jan 2-- Lands of meidhope

        1539-Oct 8--lands of Glengavill  (Torfoot is in Glengavill)

        1539-Nov 12-lands of Schellis of Kilbryde

 

 *************************

            Letters of legitimation were granted to Sir James, Andro Hamilton, his bastard son, James Hamilton, his bastard son  on Mariota Stewart, and Alexander Hamilton, also his bastard son,  2 Nov 1539

 

 

            On 16 Aug 1640 Sir James was suddenly arrested on 

More from the Protocol Book of James Young 1485-1515

 

 

        Instrument narrating that Richard FASSYNTONE, a bailie of Canongate, passed at the request of "John BROUNELE carwour" to the west land formerly of Adam WITHIRSPONE, lying on the south side of the high street of Canongate, between another land sometime of the said Adam on the east and the land of the deceased Nicholas BRACOLE on the west, and there the foresaid John BROUNELE handed over to the notary a paper document beginning  "Lo her I Johne BROWNE [sic] carwour,"after the reading of this document the said " John BROUNELE carwour," according to the tenor therof, broke the sasine of the foresaid land given by the said Richard FASSYNTONE, baillie, to Stephen LERMONTH, indweller in Quhitkyrk, and protested that the said pretended sasine given of his fee and heritage should not prejudice him and his heirs.  Dated 12 July 1489.  Witnesses: Martin  GORDONE,  Thomas BELL,  George WEDDALE,  Alan BOWAR,  John CAMMELL, John BANYS and Ingram WILD, serjeant.

a charge of high treason

****************************************************************

    Sir James (the one excuted) had a son, Sir James Hamilton of Crawfurdjohn, who was his eldest legitimate son and heir.  He is first mentioned in 1532 when livery was provided for him.  After his father's execution, he had in 1541, a new charter to him and his succcesors of the Coronership of Lanarkshire.  James attained his legal majority in 1547 and had sasene of the lands of Avendale, Hesilden, Kittymuir, Newton, and Bracanrig, Kincavil, Thornton, Tulloch and Bryntwood....also of the Sheriffdom of Lanarkshire and Renfrewshire.  On 2 July 1547 he had confirmation to himself and Helen Cunninghame, his spouse, of the 32 merk lands of Glengavill and the 5 merk land of Drumclog and Brintsnab.(THIS IS TORFOOT).  He was apparently knighted immediately, being styled Sir James hamilton in 1547/8 of Avendale and Crawfurdjohn.  (the second Earl of Arran was his Uncle--this Earl was Regent for Mary, Queen of Scots).

        Sir James died in Dec 1597.  He had the following children:

 

                    James, John, Robert, Eleazer, William, Hugh, Barbara, Agnes, Elspeth or Elizabeth, and Ananbella---one natural daughter, Marion.

 

***********************************************************************

 

                    Eleazer on 13 Nov 1608 styled himself of Torfit, and in 1610 he is mentioned as of Torfute, along with a son, William.

 

                    Hugh was of St. Lawrence Chapel and Windhill when he appears as cautioner for Thomas Hamilton in Tourfute  (This is our Thomas Hamilton).................

 

                    Thomas' second wife, Marion CRAIG, died 28 March 1605.  Her will was given up by her husband 9 Aug 1605 and names their children.  Hew (Hugh) Hamilton of St. Lawrence Chapel and Windhill, brother of Sir James Hamilton of Crawfurdjohn, was cautioner to the executor.  The will mentions that Thomas had a first wife, Helen BROUNLIE, by whom he had two children--(1) John, in Torfute, who is mentioned again in 1627.  This John is believed to be the father of Thomas Hamilton in Torfute who received a feu charter 29 Dec 1658 to Torfitt.  His wife is also Helen Brownlie  (this is the Hamilton/Brownlee couple we already know about).  Thomas' and Helen's second child named in the 1605 will was Jean.  Additionally, the children of Thomas Hamilton and Marion Craig were:  William, Margaret, Isobel, James, and Helen.

****************************************************

 

    End of documentation, now it's Pat talking.  I have pondered the thought that perhaps Marion Craig was the illegitimate child of Sir James Hamilton of Crawfurdjohn.  The book lists Eleazar's and Hugh's children and she is not among them.  It would make sense that her brother would step in and  be surety for her will.....but I can't prove this.  Nor have I found out what happened to Eleazar's family who was living there.  They either left or they died out.  This could be another reason why Thomas received a feu charter of the lands.  The Hamiltons and Brownlees living there were so intermarried that they were almost like the same family.  If Thomas had five children with Marion, I'd say he had to be married to her at least 10 years, if not more. That would mean that Helen Brownlee died in 1595 or earlier.  Marion Craig's will would be a good one to see----what exactly did she leave?  At any rate, this will, I believe, clearly links this Hamilton family in some fashion (yet to be proved) with the lineage I have outlined here.  Our Thomas is mentioned in other legal documents with other Hamilton families in Glengavill, but only once with Sir James' family.

 

        Also, you can see in the "history" of the land that the Earl of Douglas (Mure involved fellow) had the area for some time..........this could be when the Brownlees got there.....I have seen the Brownlee name sometimes considered as belonging to the Douglas clan...I can see why.  When Douglas' lands were confiscated and given to the Hamiltons, there wasn't much the tenants could do.  I would like to know if the Thomas Brownlee of Overtoun is some relation to the first Helen Brownlee who married the first Thomas Hamilton???????

 

ore from our dear friend, James Young, and his Protocol Book(1485-1515)

 

 

 

          4 JUNE 1494.      In the court of Canongate, held in the tolbooth therof before Robert, abbot of Holyrood, and John CRAUFFURD and Thomas RANNALD,  baillies, at the time of the service of a brieve of inquest of the abbot's chancery, sir Richard LERMONTH, chaplain, and Patrick SKOUGALE of that ilk, his prelocutor, claimed that two tenements, fore and back, with the gardens and orchard therof, lying on the south side of the high street of Canongate between John CRAUFURDE'S land on the east and the deceased Nicolas BRACOLE'S  land on the west pertained to sir Richard as heir of the deceased Stephen LERMONTH, his father, who, they asserted, died last vest and seised in these two tenements.  John WALCH, prelocutor of John BROUNELE or CARWOUR , alleged that this was not so, as the said John CARWOUR had heritable possession of the waste fore land of the east tenement and also of the west tenement, given to him by the deceased John COLDEN and Alexander HOME, bailies of Canong!

ate for the time, on resignation of the deceased Adam WITHIRSPONE, possessor of the tenements, for ten years and more before Adam resigned these tenements in favour of Stephen LERMONTH; he produced John CARWOUR's instrument of sasine, an instrument on the breaking of the sasine given to Stephen LERMONTH and an instrument on the breaking of the sasine given to Adam WITHERSPONE in virtue of a precept of the abbot of Holyrood, asserting that this precept was obtained in prejudice of John CARWOUR.  John WALCH  therefore protested that whatever was done by the inquest then elected for the service of the said brieve, should not prejudice John  CARWOUR, but that he should have remedy and privilege of law at opportune time and place.  Witnesses:  John INGLIS of Langlandhill, George HOME of Ayton, Simon Preston of that ilk, knight, George KINCAID, bailie of the said abbot, William BLAK, Thomas CRAWFURD, Robert FARHAM and Thomas LOWRY, serjeants of Canongate.

 

 

 

 

The two main influences in tlhe development of the law of property in Scotland have been feudal in lthe case of land law and Roman in the case of moveables.  Technically rights in land are referred to as "heritable."  Until 1964 land was inherited by the "heir at law" determined by primogeniture and priority of males.  Feudal theory facilitated the imposition in perpetuity of conditions on the use of land and the perpetual rendering of feudal services in modern times by the payment of feu duty.  The system came to pivot upon the public registration of deeds affecting land--as contrasted with registration of title.

        The Sasine Register was set up by statute in 1617 to record charters as were prima facie valid, and then a prescriptive period of some years was allowed during which aggrieved challengers could come forward to disprove their validity; after which the registered charter title was good.

 

Also I recommend James G. Leyburn's The Scotch-Irish, University of North Carolina Press, Chapel Hill, 1962.

 

            This fellow has some fascinating insights into Scottish life which comprises about the first half of the book.  He is also entertaining to read.  Some of my favorite quotes: "In a country where feudalism still prevailed and where there was little general organization of justice, driving off cattle and sheep was almost one of the recognized sports of the time.  You appealed to your feudal overlord to help you regain your stock; in that foray to regain what had been lost your lord and his fellow retainers were not unlikely to bring back more if possible than what had been driven away."

 

                    "In the southwest, especially, these blood feuds were violent and unendng.  Montgomery & Cunningham were the Montague and Capulet of Ayrshire, if the Kennedys and their opponents could not contest the designation."

 

        Regarding land:  Farmers had to pay huge fees on lthe renewal of their leases.  Laws were enacted in 1546 & 1555 to require landlords to give a 50 days' notice before eviction.

 

    Social Heirarchy

 

        Lords--owners of extensive lands on which they ruled as monarchs

        Gentry--Burgers of some means in royal burghs, and the lairds (or squires) in the country side.

        Remainder--tenants, subtenants, and their workers

 

        Scotland was a feudal state in 1600

 

        Free-holders or Lairds--  "The lairds arranged and ordered the tenancies and the actual farming, thus it was to him that farmers felt their immediate personal loyalty."

 

        Kindly Tenants--Describes those who received the same lands at each periodic re-allotment, because their ancestors of worth had resided on these farms for generations.  Many of these were younger brothers and humble cousins to the nth degree of the laird.

 

        Joint Tenants--The largest class-these men were too poor for a single familly to provide the necessary implements and animals to cultivate a farm; thus the laird assigned the land to several men.  It was necessary to use eight oxen to a plow, consequently the arm of the joint tenants was called a "plowgate."  If the tenant could supply one ox, this holding was called an oxgate.

 

        SubTenants--These were hired by kindly or joint tenants to help with the work--they were called cotters, laborers, or mailers (a mailing is a rented piece of land of small size)

 

 

        Most of the Scots who migrated to Ulster were almost without exception tenants of one form or another. " The squalor and meanness of country life around 1600 can hardly be conceived by a person of the 20th century.  A cluster of hovels housed the tenants and their helper, and nearby were whatever sheds or outhouses might have been built.  A home was likely to be little more than a shanty, constructed of stones, banked with turf, without mortar, and with straw, heather, or mosses stuffed in the holes to keep out the blasts.  The roof was of thatch or turf.  There were no chimneys, but only holes in the roof for the smoke to escape...Cattle were tethered at night at one end of the room, while the family lay at the other on heather piled upon the floor."

 

****************

 

Regarding land:  "Land allotments were re-apportioned in varying intervals, depending on the country.  Some were for 7, some 9,13,15, or even 17 years...kindly tenants might have an allotment for life."

 

 

More from the Protocol Book of James Young  1485-1515

 

 

        Instrument narrating that John STERHED, younger, indweller in the town of Leith, compeared before Robert, abbot of Holyrood, in a court held at Chapelhill, and there admitted that he had received form Robert HAUCHWY, burgess of Edinburgh, asssignee of John STERHEDE, elder, of Leith, the sum of 16 pounds, 10 shillings for the redemption of four acres of the lands of Hilhousfeld, lying in the territory therof between the acres of the deceased William STERHED on the west , the lands of the said John STERHED, elder, which Patrick MILLAR has in tack, on the  east, the lands of the said John called "BRUMHILL" on the south, and the common "Gren" on the north, in virtue of his letter of reversion made to the said John STERHED, elder, and his assignees; wherefore the said John STERHED, younger, resigned the foresaid acres of land in the hands of the said abbot.  Done in "plana curia," 21 January 1489/90.  Witnesses: Henry NAPER, sheriff-depute of Edinburgh, George KINCAID, bailie of the said abbot, Robert WRYCHT, John HALCERSTONE, "John BROUNELE carwour", Thomas BANNANTYNE, William STERHED, Thomas DAIS, William GALLAWAY, John RAMSAY, John GARDENAR, serjeants, "denes" Adam BELLANTYNE,  terrar, and David  WALCAR,  CANONS OF HOLYROOD.

 

 

Further from the Protocol Book of James Young  1485-1515

 

 

 

    Instrument narrating that Richard FASSYNTONE, a bailie of Canongate, passed at the request of John BROUNELE [or] Carwour (1) to two adjacent tenements on the south side of the high street of Canongate, between the land of John CRAUFFORD on the east and the land of the deceased Nicholas BRACOLE on the west, and there the said John, in presence of the said bailie, handed to the notary a paper document (cedula papirea), which was read; after the reading of this document the said John CARWOUR broke the sasine of the said tenements given by the said bailie to Adam WITHIRSPONE, as heir of this deceased father, Alexander WITHIRSPONE, through a precept of the lord abbot, alleging that the said sasine was given to the said Adam in prejudice of him, the said John, as at more length was contained in the said document.  Dated 25 May 1489.  Witnesses: John ERSKYNE, John THOMSON, Martin GORDON, Patrick GILMOUR,  Quentin MURRAY, Robert BISSAT, Peter WOD,  Robert FARHAM, and Ingram WILD, !

serjeants.  [Cf. Register House Charters, No 545 A].

                Nore (1) Later designed "John of Brounele carwour" and "John Carwour"

*****************************************************

 

 

    And yet another mystery...............

 

 

 

    here's what the Lanarkshire group gave as the  meaning of a "cautioner"---a sponsor, or surety.  I looked through some other things I had and usually the person was the father or father-in -law of the deceased......which just opens more doors...............I didn't want to say anything on the Brownlee list, but I don't think that Armstrong was correct

about how the Brownlees may have gotten Torfoot.  UK law has always been primogenitor until recent history (1960s I beleive).  I have ideas about what may have happened but can't document it.  I have found pieces like the Mure thing and the Hamilton thing, but can't bridge them.  I would like to get a copy of Margaret Mure's will.  That might shed some light, at least it shouldn't make anything more murky..........(famous last words)...........see below on will terminology////////

 

 

 

    Instrument narrating that Marion ROBINSONE, with consent of John LITILJOHNE, her spouse, chose Alexander HUME and Martin GORDONE, and Agnes ROBINSONE, with consent of George WEDDALE, her spouse, chose Andrew BLAR and Adam BROWNLE as part-partakers (participatores) to divide the garden of the tenement of the deceased Alexander ROBINSONE, father of the said Marion and Agnes.  They measured and divided as follows:  "Thus we part and ordanis in the fyrst 8 eln next pece of land of umquhil Jonet HOGSONE to George UEDALLE and his spous, and then 8 eln and 9 eln liand togidder to Johne LITILJOHNE and his spous, and than done in the yard to George WEDDALE and his spous, 31 eln and half a fut, ande fra them done al the yard fra the stobbis done to the hed dik to Johne LITILJOHNE and his spous, and that the doket (i.e. dovecote) sal be tane done and the stuf therof delt in thre partis, twa partis to Johne LITILJOHNE and his spous and a part therof to George WEDDALE and his spous, and that baith the parteis sal haf fre ische and entere to the wel of the said yard, and tak ther aisiamentis therof as efferis, and that the sad George sal within 15 dais tak done the ald hous at the doukot end, that Johne LITILJOHNE and his wif may labour the grownd therof."  The said George asked the instrument.  Done on the ground of the said garden 1 March 1486/7.  Witnesses: John MOFFAT, elder, Michael HENRISONE, John THOMSON, wright, Robert FARHAM and Ingram WILD, serjeants.

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    In case you are wondering, I didn't get my fingering wrong.  This is a quote from the document with all of the old English spellings or misspellings as the case may be.

 

 

have had trouble connecting with the list...this is the third or fourth try for this item..........

-----Original Message-----

From: aria99 <aria99@gateway.net>

To: Brownlee-L@rootsweb.com <Brownlee-L@rootsweb.com>

Date: Friday, August 27, 1999 10:32 PM

Subject: Scottish records Part 12

 

 

Further from the Protocol book of James Young 1485-1515

 

 

            4 June 1494 ------  The same day sir Richard LERMONTH produced a precept of sasine of the said abbot directing the bailies of Canongate to give sasine of the said two tenements to the deceased Adam WITHIRSPONE as heir of the deceased Alexander WITHIRSPONE, his father.  John WALCH  asserted that this precept could not prejudice John CARWOUR becasue Adam had peaceful possession of these tenements for fifty years or thereby without contradiction; the precept, he said, had been obtained in prejudice of John CARWOUR, and Adam had not had sasine of the tenements because he ought to have obtained sasine by a brieve of inquest, since he had alienated a great part of the tenements to the said John.  After sir Richard made his claim and allegation, John WALCH asked an instrument that sir Richard had not produced a process of earth and stone for the recovery of the said tenements form John CARWOUR's hands.

 

 

More from the Protocol Book of James Young  1485-1515

 

 

        The same day (22 December 1496) the said bailie gave sasine to Margaret YOUNG, spouse of Adam BROUNLE and cousin (consanguinea)  of Marion HUNTAR, spouse of the deceased John  EDNAM, of the said Marion's tenement in north Leith, lying between the deceased John YOUNG'S land on the east and the deceased Peris HUNTAR'S land on the west and containing the same length and breadth as  the said John YOUNG's land.  Witnesses: sir Thomas MULIKYNE, chaplain, Patrick EDNAM,  James SLEICH,  William FLYNT, Andrew KINCAID, Archibald KINCAID,  Alexander HUME, John BANNANTYNE and John RAMSAY, serjeant of Brouchton.

 

 

More from the Protocol Book of James Young 1485-1515

 

 

 

    22 January 1501/2.  George KINCAID, elder, bailie of Brochtoun, gave sasine to Jonet BROUNLE, daughter and heir of the deceased Margaret YOUNG of the said Margaret's tenement, lying in north Leith between the deceased John YONG'S land on the east and the deceased Peris HUNTAR'S land on the west.  Witnesses:  Andrew DAUSONE, John GARDNAR,  sirs Robert WAIT and Patrick ROBINSOUN, chaplains, John CRAUFURD, Andrew KINCAID, Archibald KINCAID, Richard RUGY, William JOHNSTOUN, Alexander YOUNG and Andrew MONTGUMMERY, werjeant.

 

Further from the Protocol Book of James Young  1485-1515

 

 

        2 October 1504.     Robert HUNTAR, cousin and heir of the deceased Marion HUNTAR, spouse of John EDNEM, resigned in the hands of George, abbot of Holyrood, his land in north Leith, lying between the land of the deceased Thomas HUNTAR, sometime of the deceased Margaret YONG, spouse of the deceased Adam BROUNLEE, on the east, and the land of the deceased William ROBINSONE on the west, and sasine was given to Thomas GRAY, burgess of Lawedir.  Done in the hospice of William MURRAY of Tuchadame in the burgh of Edinburgh  Witnesses:  Mr. Gavin CRECHTOUN,  George CRECHTOUN, David CRECHTOUN, John BALLUNY,  William JOHNSONE and sir Walter YOUNG, chaplain.

 

 

More from the Protocol Book of James Young 1485-1515

 

        22 Dec 1506.  George KINCAID, bailie of Brochtoun, gave sasine to Jonet BROUNLIE, heir of the deceased Helen HARVY, her grandmother, of half of a tenement in north Leith, lying between the land of the abbot and convent of Newbotill on the east, John STARHED's land on the west, the "Greyne" on the north and the common transe of the town on the south.  Witnesses include David NICHOLSONE, sir Patrick ROBESONE, chaplain, James BALFOUR and Andrew YOUNG.

 

 

More from the Protocol Book of James Young  1485-1515

 

 

        22 December 1506  Jonet BROUNLIE, as heir of the deceased John YOUNG, her grandfather, took sasine of his tenement in north Leith, between the waste land of the abbot and convent of Holyrood [sic] on the east and the said Jonet's land on the west.

More from the Protocol Book of James Young 1485-1515

 

    6 October 1508.   Margaret HERVY, spouse of Andrew YOUNG and younger daughter and one heir of the deceased Andrew HARVY, and Jonet BROUNLE, daughter's daughter of the deceased Helen HARVY, the elder daughter and other heir of the said Andrew, in presence of John CRAUFURD, in Bonyntoun, bailie of Brochtoun, mde a division of the said Andrew's tenement, lying in north Leith, on the northside of the high street, between the land of the abbey of Neubotill on the east, John STARHED's land on the west, the Grene on the north and the common transe of north Leith on the south.  Witnesses incllude John BALYARTE,  John LEITH, sir Gilbert FYNLASONE, chaplain, and Robert JOHNSONE, serjeant.

 

ast entry from the Protocol Book of James Young  1485-1515

 

 

    11 May 1514.  The bailie gave sasine to Thomas RAMSAY, as son and heir of the deceased Thomas RAMSAY, mason in Leith, of two pieces of land in north Leith, lying together in the north end of the deceased Alan GOURLAW's tenement, one of them containing 5 roods and 4 feet in length between south and north and the other likewise containing 2 roods, between the lands of the deceased Alan GOURLAW, sometime pertaining to the deceased James MONYNET, writer, on the south and the Greyn on the north, and also , in warrrandice of the lands, houses  and buildings of the tenement of James MONYNET (see preceding), with the toft and gardens and the croft of Greynyard; on precept dated 14 February 1513/14.  Jonet BROUNLE, mother o f the grantee, asked the instrument.

 

 

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