Table of Contents
During his father’s lifetime, Humphrey Colquhoun rented the lands of Kirkmichael, in the shire of Dumbarton, of which he had a lease from John Sempill of Fulwood, who, on 18th March 1476, bound himself to observe inviolate the lease of these lands given to “Humphrey Colquhoun, son and heir-apparent of the Laird of Luss,” as contained in an indenture made between them.[1]
Humphrey succeeded his father, Sir John, in the year 1478. As the son and heir of his father, he was, on 14th June 1479, upon a precept from Archibald, Abbot of the Monastery of the Holy Cross of Edinburgh, infefted in the lands and tenements in the Canongate already mentioned.[2] On 13th October in the same year he was constituted, by Colin first Earl of Argyll, the Earl’s assignee to his lands of the Bordland of Sauline, in the barony of Sauline and county of Fife, until they should be secured to him by charter and sasine, which the Earl bound himself to grant on consulting with John Earl of Mar, youngest brother of King James the Third, the Lord Superior;[3] and, on 27th January following, he received from the Earl of Argyll a charter of these lands.[4] Four days after, namely, on 31st January 1479-80, he was, upon a precept of sasine from the Earl of Mar, infefted, as heir of his deceased father, in the lands of Meikle and Little Sauline, and in the mill thereof.[5]
The fate of John Earl of Mar, Humphrey’s superior, during the course of the year in which these transactions took place, was tragical. He had incurred the deep resentment of the parasites by whom his brother King James the Third was surrounded, and their thirst for vengeance could be appeased only by his death. He was suddenly arrested during night and carried prisoner to Craigmillar Castle, near Edinburgh. Shortly after, he was accused of conspiring with sorcerers and witches against the life of the King, and was sentenced to be burned—the doom of witchcraft; but being allowed the choice of the kind of death he should die, he chose to have a vein in his leg opened and to bleed to death in a bath. This fate he underwent, it is said, in the Canongate of Edinburgh. Such is the account of our early historians.[6] But, according to a later historian, the Earl, having been seized with a violent fever, was brought to a house in the Canongate, and the physician having opened a vein in his arm and temple to mitigate the fever, the royal patient, in the frenzy of his disease, tore off the bandages, and died from the loss of blood.[7]
Humphrey Colquhoun’s right to the lands of Sauline was contested by David Haliburton, who procured a brief of inquest from his Majesty’s Chancery, in order to his being infefted in the lands of the Bordland of Sauline, and in the mill thereof. This brief of inquest was served before Thomas Simson, Sheriff of Forfar, or his deputes; and, upon the retour of that inquest, Haliburton was infefted in the said lands. Colin Earl of Argyll and Humphrey Colquhoun of Luss, however, on 14th March 1482, obtained a decreet of reduction of that brief from the Lords Auditors.[8]
On 21st June 1479, Humphrey was retoured, by a special retour of service, as heir of his father, in the lands of Garshake, in the territory of Dumbarton, and in a tenement in that burgh,[9] etc.
From King James the Third, Humphrey obtained a gift of the third of the ward lands of Granton and Stanehouse, in the county of Fife. This portion of these lands Henry Melville of Carnebee, who had received from the King a gift of two parts of them, claimed as his property, and to establish his claim he brought an action against Humphrey Colquhoun of Luss before the Lords of Council. But, on 15th October 1479, the Lords decreed that he had right only to two parts of these lands, and that Humphrey Colquhoun had right to the third part, as was shown by the letters of gift in their favour.[10]
In the year 1480, Humphrey received from the Crown a remission for the relief-duties of his lands, in consequence of his father, Sir John, having fallen at the siege of Dunbar Castle. These duties were £40 for Colquhoun, £10 for Salquhy [Salachy], and £10 for Galen [Glinns], and four cheeses by duplication of blench-farm of the barony of Luss, due to the King.[11]
Humphrey’s father, as has been already stated, had granted to James Menteith of Radnoch a charter and infeftment of the lands of Over-Glenny, in the shire of Perth, and to Malcolm M’Rure a charter and infeftment of the lands of Westirdenlettir in the same shire. Colin first Earl of Argyll having claimed these lands as belonging to him in heritage, Menteith and M’Rure pursued each an action against him for the wrongous occupation of them, and against Humphrey Colquhoun of that ilk for the warrandice of them by reason of his father’s charter, which contained a clause to that effect. On 13th June 1480, the Lords of Council decreed that the Earl of Argyll did no wrong in occupying these lands, and that, as they had been legally recovered by him from James Menteith, Humphrey should give in warrandice a corresponding amount of land equally good.[12]
The lands of Galmore and the Middlequarter of Dunfawy, in the county of Perth, had been granted by David Wardlaw by charter to Sir Humphrey’s father, but not to extend to his heirs. Overlooking the limitation of the grant, Humphrey, on his father’s death, claimed these lands as his property. David Wardlaw and Janet, his spouse, contested this claim, and brought before the Lords of Council an action against Humphrey, and Robert Scot and John of Burn, the tenants, for withholding from them the mails of these lands. On 1st July 1480, the Lords of Council decreed that the tenants should pay the mails, for all terms since the decease of Sir John Colquhoun, to Wardlaw and his wife; and ordained that Humphrey should not intromit with the lands in time to come, because the gift of them made to his father was only in favour of himself, and for his help, furtherance, and supply. With respect to the mill of Dunfawy, as Janet, the wife of Wardlaw, had constituted the late Sir John Colquhoun her assignee to redeem it, and as Humphrey Colquhoun affirmed that his father had redeemed it before his death, the Lords assigned him the 2d of October, with continuation of days, to prove that this had been done.[13]
The Lords of Council afterwards pronounced a decreet in favour of Humphrey in reference to the mill of Dunfawy; but, notwithstanding this decreet, David Wardlaw and Janet of Lundy, his spouse, wrongously put forth Malcolm Gibson, Humphrey’s tenant, from that mill, occupied it, and took up the profits thereof. Humphrey, therefore, pursued an action against them. On 11th October 1484, the Lords Auditors decreed that Wardlaw and his wife had done wrong in occupying the mill of Dunfawy, and in ejecting from it Humphrey Colquhoun and his tenants, and ordained that they should desist from all intromitting therewith in future, and that the mill should be possessed by the said Humphrey in time to come, conformably to the decreet of the Lords of Council previously given.[14]
On 31st May 1481, Humphrey, on a precept from the Chancery of King James the Third, was infefted as heir of his father in the superiority of the half of the lands of Kilmardinny, which was held of the King in chief.[15] In the following year he reacquired certain lands of Kilmardinny, which his father had sold to Robert Scot under reversion, by paying to Walter Scot, son of Robert, who was then dead, the sum of £93, 6s. 8d.[16]
Humphrey and his stepmother, Elizabeth of Dunbar, Countess of Murray, do not appear to have lived on very harmonious terms. Disputes often arose between them respecting pecuniary matters, and there seems to have been on neither side a disposition to yield or to compromise their differences. Each displayed a remarkable activity of zeal in defending his or her supposed rights. From the numerous law-suits in which Humphrey was involved, one is disposed to think that he had a peculiar propensity for this species of warfare; and his stepmother met him with a spirit and decision not less energetic than his own. The Lords Auditors of Causes and Complaints, and the Lords of Council, before whom their disputes frequently came, did their best to judge impartially between them. Sometimes the one, and sometimes the other, gained the action. When one question in controversy was settled, the contest between them was renewed on a different point. By these altercations before the Courts of law they certainly contrived to keep each other in hot water, at least for some time.
An action was pursued against Humphrey by his stepmother, Elizabeth Dunbar, Lady of Luss, for wrongously withholding from her £20 of the remainder of the sum paid by David Haliburton for redeeming the lands of Sauline, and 16 merks of her terce of the mails of the land of the Canongate for two years past, and also 46s. 6d., her terce of the mails of the lands of Garshake. Both parties having personally, and by their procurators, appeared before the Lords Auditors on 10th December 1482, and their allegations having been heard, their Lordships decreed that the Lady of Luss had no right to the £20 claimed by her, because the lands of Sauline were heritage at the time of her husband’s decease, and that she was entitled only to the third of the silver, which she granted had been paid to her. With respect to the other sums of 16 merks and 46s. 6d., claimed by her, as it was denied by Humphrey’s procurators that he had uplifted them from the lands mentioned, their Lordships assigned to her the 11th day of January following, with continuation of days, to prove that he had taken up these sums.[17]
The Dowager Lady of Luss again pursued an action against her stepson, Humphrey, as heir of his father, for wrongously uptaking and withholding from her 12 merks of her half of the ward of the lands of Stanehouse, and £15 of her part of the lands of Tuliketle, as she alleged. Both parties having been present personally, and by their procurators, before the Lords Auditors, 18th February 1483, and their reasons having been heard, their Lordships decreed that Humphrey should pay to her these sums.[18]
Humphrey, as heir of his father, was again prosecuted by the same indefatigable assertor of her rights for the wrongous detention from her of four bolls of wheat, four bolls of bear, and ten bolls of oats, pertaining to her of the half of the ward of the lands of Stanehouse, £4 of silver of the half of the ward of the lands of Tuliketle, and £10 by reason of an obligation of Simon Logan. When the case was brought before the Lords Auditors, Humphrey alleged that the debts which his father owed at the time of his decease exceeded the quantity and avail of his moveable goods, and of the debts that were owing to him. The Lords therefore, on 4th July 1483, continued the action, giving him to the 12th of October following, with continuation of days, for the production of his proof of this allegation.[19] On the 12th of October following, the Lords Auditors, in presence of Lady Luss and of Humphrey’s procurators, decreed that as Humphrey had failed to prove, as he had offered, that the debts of his deceased father exceeded the quantity and avail of his moveable goods, he should make the above payments to Lady Luss.[20]
In reference to another action by Humphrey’s stepmother against him, the Lords Auditors, on 19th October 1484, decreed that he, as heir of his father, should pay to her the sum of £5, 10s., because he granted in presence of the Lords that he had recovered the sum of £11 from John Oliphant of the Dron, by reason of an obligation made to his deceased father; and with regard to the half of the sum of 55 merks which she claimed from him, by reason of another obligation which she alleged had been made by the said John Oliphant to her deceased husband, Sir John, but which Humphrey affirmed had been made to himself as his proper debt, and not to his father, the Lords assigned to her the 14th day of January following, with continuation of days, to prove that the obligation of 55 merks had been made to her deceased husband, and not to Humphrey.[21]
Humphrey next appears as the prosecutor of his stepmother. He pursued an action against her for being relieved from the payment of the half of the debts contained in his deceased father’s testament. On 21st October 1484, when the action came before the Lords Auditors, she alleged that she ought to have the half of the moveable goods of her deceased husband, Sir John, according to the decreet of the Lords of Council given before, and also that he had more moveable goods than were contained in his testament. Humphrey, on the other hand, affirmed that she had got the half of the goods, and ought to relieve him of the half of the debts. The Lords, therefore, assigned to Humphrey the 14th day of January next, with continuation of days, to prove that she had got the half of Sir John’s moveable goods, and also assigned to her the same day to prove what moveable goods Sir John had, besides what were contained in his testament.[22]
Another action was pursued by Humphrey against his stepmother, touching the reparation and upholding of certain tenements in the Canongate of Edinburgh, the burghs of Stirling and Dumbarton, and the destruction of his place and orchard of Dunglas, belonging to him in heritage, and to her in liferent, by reason of conjunct infeftment and terce. The case having been brought before the Lords of Council on 25th October 1484, their Lordships decreed that she should uphold the said lands and tenements, place, and orchard yearly, during her lifetime, in a state of as good repair as they were in when she received them after the death of her husband, and, if necessary, that she should be annually compelled to do so, or else to give them over to Humphrey, as heir, to be built at his own pleasure.[23]
On 24th January 1484-5, the Lords referred the action betwixt Elizabeth Dunbar and Humphrey Colquhoun of the Luss, her stepson, with regard to the goods of the deceased Sir John that were not put in his testament, and also with regard to the payment of his debts, and the party by whom they should be paid, to be determined before the “spirituale Juge ordinar,” who had power to make executors-dative.[24]
This is the last entry in the Acts of the Lords Auditors and Lords of Council respecting the differences between Humphrey and his stepmother. We may therefore conclude that this decreet would result in the termination of their disputes concerning their civil rights, and that henceforth they lived on amicable terms.
The lands of the barony of Sauline, in the shire of Fife, having been redeemed from Humphrey Colquhoun, to whose father they had been sold by David Haliburton, by charter and sasine under reversion, the Lords Auditors, on 14th October 1484, decreed that Humphrey Colquhoun, who had granted that he had received the sum to be paid according to the letter of reversion, should constitute procurators, and make a letter of procuratory under his seal, to resign into the King’s hands these lands in favour of David Haliburton.[25]
A dispute arose betwixt Humphrey Colquhoun and Gabriel of Towris on the one part, and Alexander Hepburn of Whitesome on the other, with respect to the mails and duties of the third part of the lands of Granton for the past nine years, and as to other matters. The litigating parties agreed in choosing arbiters, who might settle their differences; and, on 1st March 1489, their procurators, having appeared before the Lords of Council, became bound, the holy evangels touched, to stand by the sentence of the arbiters concerning all actions and controversies betwixt the said parties. The arbiters were to deliver their sentence betwixt that date and Pasche following.[26]
During the time of Humphrey Colquhoun, Mr. Robert Erskine was parson of Luss. A misunderstanding took place between this ecclesiastic and the proprietor of Luss, who, it appears, would not permit him to uplift the fruits and teinds of the kirk of Luss. Mr. Erskine accordingly summoned Humphrey to appear before the Lords of Council to answer for wrongously disturbing him in taking up the teinds, fruits, and duties of that kirk, and also for causing the Bishop of Argyll, Humphrey’s brother, to intromit with the fruits thereof. On 9th July 1489, Mr. Erskine being personally present, and Humphrey lawfully summoned and ofttimes called, and not compearing, the former produced an instrument, signed by Sir Cuthbert Muligane, public notary, showing that Humphrey would not suffer him to intromit with the said fruits and teinds. The Lords therefore ordained that letters should be written charging Humphrey and his brother, the Bishop of Argyll, to desist from all vexation of Mr. Erskine in future in the parsonage of Luss, and in the reception of the teinds and fruits thereof; and that the bishop should restore to him the teinds and fruits of that kirk, in so far as he had intromitted therewith.[27]
It had been enacted by King James the First that all barons and lords having lands and lordships near the sea, on the west parts, and especially opposite the Isles, should have galleys, and should maintain them. In obedience to this enactment, the lairds of Luss had provided themselves with this means of self-defence.[28]
When King James the Fourth, after the suppression of the rebellion raised against him by the Earl of Lennox and others, and the surrender to him of the Castle of Dumbarton, made Dumbarton one of the west coast stations for the navy, which he sedulously employed himself in collecting and strengthening, mention is made of a ship which he purchased from the Laird of Luss, and which was repaired and equipped in Dumbarton. In the Accounts of the Lord High Treasurer of Scotland connected with Dumbartonshire is the following entry:—“1489, December 3. To the Larde of Laucht [Luss] for the schip boycht fra him to the Kingis vse, icxxxli.”
A lease of the lands of Furlinbrek and Finnard, in the county of Dumbarton, was granted to Humphrey Colquhoun of Luss by James Douglas of Lethcamrach. After the death of the granter, the Lords Auditors, on the 11th February 1489, decreed that William of Douglas of Lethcamrach, as heir to the deceased James of Douglas, his father, should warrant and keep to Humphrey Colquhoun of Luss the lease of these lands for all the terms to come, contained in the letter of lease produced before the Lords, and admitted by the said William.[29] But these lands neither James Douglas, nor his son William, it appears, had a right to lease. They had been occupied and manured for six years past by Walter Buchanan of that Ilk, who had received a lease of them from Simon Makclere of Finnard. A litigation arose in consequence between the parties whose claims were conflicting. Humphrey Colquhoun pursued an action before the Lords of Council against Walter Buchanan of that Ilk and the said William of Douglas, for the wrongous occupation and manuring of the lands of Finnard and Furlinbrek by the former for seven years past. When this action was brought before the Lords of Council, on 11th March 1490, Walter Buchanan claimed the lands as belonging to him by reason of a lease from Simon Makclere of Finnard, and produced a letter of lease, dated 15th March 1482, for the term of nineteen years. Humphrey produced another lease of the same lands for the terms of seven years, granted to him by James Douglas of Lethcamrach, dated 8th November 1483.[30] The case remained suspended for several years. But, on 1st March 1491, the Lords of Council decided in favour of Walter Buchanan of that Ilk, and ordained that William Douglas of Lethcamrach should warrant and defend to Humphrey Colquhoun of Luss the lease of the lands of Finnard and Furlinbrek by granting to him the lease of as much and as good and profitable land, in as competent a place, for such terms and mails as were contained in the lease made to him by the late James Douglas of Lethcamrach.[31]
Humphrey Colquhoun was a member of the Parliament of Scotland which, soon after the accession of King James the Fourth, assembled at Edinburgh in October 1488. That King, while Prince of Scotland, and yet in his minority, became involved in the conspiracy entered into by a faction of the nobles and barons against his father, King James the Third, and the issue of which was that the King was killed, 11th June 1488, at Sawchie, after a battle fought between him and the conspirators.[32] The more effectually to secure themselves from the consequences of this conspiracy, King James the Fourth and the nobles and barons implicated were anxious to obtain an acquittal from Parliament, and they procured without difficulty a vote to the effect that the death of the late King was to be imputed solely to himself and to his evil counsellors, and that the new Sovereign and his adherents, who had borne arms against him, were to be held free from all blame on that account.[33] King James the Fourth was quite young when these occurrences took place. In his riper years he is said to have shown much remorse on account of the part he was made to play against his father; and by way of penance he wore an iron girdle about his body.
A charter was granted by Humphrey Colquhoun, 4th June 1489, of his one merk land of Corechenaghane, in the county of Dumbarton and barony of Luss, to Dugall Makcoul, son of the deceased Duncan Makcoul. These lands belonged heritably to Malcolm Makcoul, Dugall’s brother, and Katharine Colquhoun, Malcolm’s spouse, and were by them resigned into the hands of Humphrey, to be held by the said Dugall of the granter.[34]
After having been Laird of Colquhoun for fifteen years, Humphrey died on or about the 19th of August 1493, as appears from the retour, by which his son John was served heir to him, dated 19th November in that year, and which narrates that the true heir had failed to prosecute his right for three months or thereby.[35] It does not appear that the honour of knighthood was ever conferred upon this laird of Luss.
Humphrey was twice married. His first wife was Jean, daughter of Thomas Lord Erskine,[36] by whom he had five sons and two daughters. He married, secondly, Marion, daughter of William Baillie of Lamington, and relict of John third Lord Somerville. This lady was married to Lord Somerville in March 1456, being his second wife, and to him she had a son, Sir John Somerville of Quothquan, the first baron of Cambusnethan, who had the reputation of being “a complete gentleman,” and who afterwards fell at Flodden, in 1513, and a daughter, Mary, who married Sir Stephen Lockhart of Cleghorne. Lord Somerville’s children by his first wife, dame Helen Hepburn, daughter of Lord Hailes, were a son, William Somerville of Carnwath, and Helen, who married Sir John Jardine of Aplegirth.[37] Marion Baillie figured on the occasion of her son Sir John’s bringing home his bride, Elizabeth Carmichael, half-sister to Archibald fifth Earl of Angus, commonly called “Bell-the-cat,”[38] to Cowthally Castle. The infare[39] was to be honoured by King James the Fourth, then in the eighteenth year of his age, and he was met near Inglestoun Bridges by Sir John Somerville of Quothquan, with some fifty gentlemen of his own name, and his father’s vassals, who conducted him to the castle. When distant from it nearly a quarter of a mile, his Majesty and his whole retinue alighted and walked on foot. “At the outter gate of the castle,” says the author of Memorie of the Somervilles, “Dame Marie[40] Baillzie, then Lady Somerville, being at this tyme not above the fortieth and sexth year of her age,[41] with her daughter-in-law, Elizabeth Carmichaell, Sir John of Quathquan’s lady, the Lady Aplegirth, the Lady Cleghorne, the Lady Carmichaell, and the Captaine Craufuird’s lady, with a great many others, that both by affinitie and consanguinitie wer related to the house of Cowthally, with severall other ladyes, wer ther present to wellcome his Majestie to the infare, and make the intertainement more splendid.” “What ther fare was,” adds the same author, “needs not to be discoursed upon; it is enough to know it was in Cowthally house, where three of his Majestie’s predecessores had been intertained before, and his successor King James the Fyfth often. How long his Majestie continued in Cowthally I cannot be positive, but by the chamberlane’s and steward’s accompts I find ther was noe fewer beastes killed then fyftieth kyne, two hundered sheep, fourtieth bolles of malt, and of meall sexteinth, of butter twentieth stone, spent at this infare, besyde fishes, tame and wilde foull, in such abundance, that both the King and the nobilitie declared they had not seen the lyke in any house within the kingdome.”[42] Marion Baillie became a widow in the year 1491, John Lord Somerville having died in November that year.
The date of her marriage with Humphrey Colquhoun of Luss is uncertain. To him she had no issue, and she soon became a widow a second time.
Marion Baillie appears to have been a lady of much good sense and warm affections. Solicitous to do her duty in every circumstance in which she was placed, she did not allow her affection to her own children to sway her to do anything unjust towards the children of her first husband by his first wife, and by them she was respected and beloved. After the death of her stepson, William Somerville, Baron of Carnwath, in the year 1488, she evinced a motherly interest and tenderness in his infant children, John, afterwards fourth Lord Somerville, who had not completed his fourth year, and Hugh, afterwards fifth Lord Somerville, who was scarcely two years of age. The author of Memorie of the Somervilles relates that, in 1510, “Hugh being at Edinburgh with his step-grandmother, who was the second tyme a widow, by the death of her second husband, the Laird of Lusse, was resolved to goe abroad, but could obtain non of his freinds’ consent; particularly his step-grandmother, who was very kynde to him, even in oppositione to her owne sone, Sir John of Quathquan,[43] diswaded him from that resolutione.”[44]
The sons of Humphrey Colquhoun by his first wife were—
1.
John, who succeeded him.
2.
Walter Colquhoun of Letter, in the county of Dumbarton. In 1518, Walter Colquhoun of Letter, Sir John Colquhoun of Luss, his brother, and Walter, a son of Sir John’s, were witnesses to a protest of a person named M’Farlane. In 1519 Walter Colquhoun pursued James Noble of Ferme for assedation of the lands of Murroch and Gooseholm, in the shire of Dumbarton.[45]
3.
Patrick. On 20th June 1501, Patrick Colquhoun, brother-german of John Colquhoun of Luss, acted as one of the bailies of William Douglas of Ladcamroch.[46]
4.
Humphrey of Letter. He became clerk of the parish church of Luss. From his brother Sir John, he received in liferent a charter, dated 30th July 1505, of the lands commonly called the Letter and the Strone, with the houses, mansion, gardens, etc., in the barony of Luss and shire of Dumbarton. The charter bears that Sir John granted these lands to his beloved brother-german, Humphrey, for the singular fraternal affection which he bore towards him; and he reserved to himself and his heirs his houses of the said lands of Strone between the lands of Spittal and the church of Luss.[47] In 1510 a dispute arose between this Humphrey Colquhoun and Sir George Fallusdall, chaplain of the perpetual altar and service of the Blessed Virgin Mary, situated within the parochial church of Luss, respecting the marches of the lands of Strone, which belonged to Humphrey, and the lands of Cragynthoye, which belonged to “our Lady’s service in Luss.” The contending parties, with consent of Sir John Colquhoun of Luss, agreed to refer their differences to certain persons, and to abide by their decision. The arbiters gave in their decreet on 21st June 1510.[48] On 31st January 1518-19, Humphrey Colquhoun of Letter, brother of the Laird of Luss, pursued before the burgh court of Dumbarton Andrew Cunningham of Drumquhassil, as tutor of James Noble of Ferme, for assedation of the lands of Murroch and Gooseholm, of which he affirmed the said Andrew had faithfully promised to him a lease, similar to what he had from Janet M’Farlane, relict of the father of the said James Noble, as contained in a letter by her to that effect. Drumquhassil agreed that Humphrey Colquhoun should have assedation of these lands, provided he obtained the consent of the Laird of Luss.[49] On 7th May 1520, Humphrey Colquhoun, under the designation of “Clerk of the parish church of Luss,” compeared before a notary and witnesses, and revoked the agreement made between him and his brother, Sir John, regarding the clerkship of that church.[50] On 9th June 1524, “Humphrey Colquhoun of Lettyr” affirmed that Sir John Colquhoun of Luss was willing to abide by the decreet which he (Humphrey) had given concerning the actions moved between his said brother and Peter Colquhoun.[51] On 7th September 1525, Humphrey, under the same designation, was witness to the delivery of a letter of wadset by Elison Campbell.[52] Humphrey Colquhoun married, in 1528, Elizabeth Napier, relict of Robert Dennistoun of Colgrain, by whom he had issue. This lady was daughter of John Napier of Merchiston, by Elizabeth, daughter of Patrick de Menteth of Rusky, and grand-daughter of lady Margaret, daughter and co-heiress of Duncan Earl of Lennox. On 19th August 1528, it was agreed between Humphrey Colquhoun of Letter and Elizabeth Napier, that they should marry each other within the space of a year. In this agreement Elizabeth constitutes Humphrey her only cessioner to all her lands and goods, he paying for the ward of her lands and also all her debts.[53] In December 1535, he was witness to a precept by his brother, Sir John, for infefting his son David in the lands of Kilbride.[54] This is the last notice which has been found of Humphrey Colquhoun of Letter.
5.
Archibald. As son of the Laird of Luss, on 20th February 1515-16, he protested and took instruments that the delivery of the stoup[55] by William Lindsay to John Buntyn should not hurt him in his right to the clerkship of the church of Rosneath.
The daughters of Humphrey Colquhoun of Luss by Jean Erskine were—
1.
Agnes. She married John fourth Lord Somerville, the eldest son of William Somerville of Carnwath, Master of Somerville, who was the son of John third Lord Somerville, and who, as already stated, died in the year 1488.[56] He succeeded his grandfather, John third Lord Somerville, who died in November 1491.[57] The baronial mansion in which he and Agnes Colquhoun resided, was Cowthally Castle. This castle stood within a morass, surrounded by two ditches of stagnant water, and was approachable only by a narrow causeway or tongue of land,—a situation less pleasant and convenient than many other places which might have been selected for building within the barony of Carnwath, but well adapted in old times for the purposes of defence.[58] John fourth Lord Somerville and Agnes Colquhoun had no children. He died in the year 1524, and was succeeded by his brother Hugh. In the year 1525, Dame Agnes Colquhoun, relict of John Lord Somerville, bound herself to add 40 merks to the tocher which George Abernethy, burgess of Dumbarton, was to receive from her brothers, Polmaise[59] and Luss, with Janet Cunningham.[60] On 28th December 1528, Humphrey Colquhoun of Letter offered himself ready to give a discharge in name of Dame Agnes Colquhoun, Lady Somerville, to Lord Somerville of £30.[61] Sir Robert Douglas, in his Baronage, referring to writs of the family of Luss, says that Agnes Colquhoun married James Galbraith of Culcreuch,[62] in Stirlingshire.
2.
Elizabeth, who married James Cunningham of Polmaise, in the county of Stirling, by whom she had issue.
[Skip footnotes]
| [1] | Notarial Protocols, Dumbartonshire, ut supra. |
| [2] | Vide p. 35. Orig. Inst. of Sasine at Rossdhu. |
| [3] | Original Assignation at Rossdhu. |
| [4] | Original Charter, ibid. |
| [5] | Original Instrument of Sasine, ibid. |
| [6] | Lesley’s History, pp. 43, 44; Buchanan’s History, Aikman’s edit. vol. ii. p. 203; Balfour’s Annals, vol. i. p. 203. |
| [7] | Drummond of Hawthornden’s History of the Jameses, p. 48. Drummond says that he derived this account from the papers of Bishop Elphinstone, a contemporary. |
| [8] | Extract Decreet at Rossdhu. |
| [9] | Original Retour, ibid. |
| [10] | Acta Dominorum Concilii, p. 32. |
| [11] | Extract from Account of Andrew Lord Evandale, Chancellor of Scotland, Sheriff of Dumbarton, rendered by his Deputy at Edinburgh, 21st June 1480, at Rossdhu. |
| [12] | Acta Dominorum Concilii, p. 51. |
| [13] | Acta Dominorum Concilii, p. 68. |
| [14] | Acta Dominorum Auditorum, p. 144*. |
| [15] | Original Instrument of Sasine at Rossdhu. |
| [16] | Original Notarial Instrument of Redemption, dated 28th June 1482. |
| [17] | Acta Dominorum Auditorum, p. 104. |
| [19] | Acta Dominorum Auditorum, p. *113. |
| [22] | Acta Dom. Audit., p. 149*. |
| [23] | Acta Dom. Concilii, p. 89*. |
| [25] | Acta Dom. Audit., p. 146*. |
| [26] | Acta Dom. Concilii, p. 133. |
| [28] | In the Instructions by Edward IV., King of England, to his Ambassador in Scotland, in the British Museum (Vesp. Caligula, xvi. folio 118, as quoted by Pinkerton, under the year 1475), redress was ordered to be given for a ship belonging to “the Lard of Lus,” which had been captured by Lord Grey of England.—[Pinkerton’s History of Scotland, vol i. p. 284.] |
| [29] | Acta Dominorum Auditorum, p. 132. |
| [30] | Acta Dominorum Concilii, p. 179. |
| [32] | This battle is sometimes called the field of Stirling, and sometimes the battle of Bannockburn. It was fought on St. Barnabas day, according to the references to it in contemporary documents. |
| [33] | Acts of the Parliament of Scotland, vol. ii. pp. 210, 211; Balfour’s Annals, vol. i. p. 215. |
| [34] | Original Charter at Rossdhu. |
| [35] | Original Retour, ibid. |
| [36] | Writs of the Colquhoun family, quoted by Sir Robert Douglas in his Baronage, p. 24. |
| [37] | Memorie of the Somervilles, pp. 211, 268. |
| [38] | This lady was the daughter of a younger brother of Captain Craufurd, by his wife Elizabeth, daughter of Sir Andrew Sibbald of Balgonie, in the county of Fife, some time Treasurer of Scotland, and relict of George fourth Earl of Angus. |
| [39] | The entertainment made for the reception of a bride in the bridegroom’s house. |
| [40] | Her name was Marion, as appears from the Acta Dominorum Auditorum, p. 165. |
| [41] | Somewhat older, we should say. If at this time she was only forty-six years old, she would be born about 1443; and that would make her at the time of her marriage with John Lord Somerville, in March 1456, only about thirteen years of age. |
| [42] | Memorie of the Somervilles, vol i. pp. 297-299. The lavish hospitality for which Cowthally Castle was famed gave rise to a pun on the name—Cow-daily, as if a cow had been killed every day of the week. |
| [43] | Sir John Somerville of Quothquan was sole tutor of his nephews, John fourth Lord Somerville and Hugh, his brother, and is said to have aggrandized himself at the expense of their estate. |
| [44] | Memorie of the Somervilles, vol. i. p. 319. |
| [45] | Records of Dumbarton. |
| [46] | Original Instrument of Sasine, narrating Precept of Sasine, ibid. |
| [47] | Original Charters at Rossdhu. |
| [48] | Original Notarial Instrument, ibid. |
| [49] | Dumbarton Sasine Records. |
| [53] | Dumbarton Sasine Records. |
| [54] | Original Instrument of Sasine at Rossdhu. |
| [55] | This was probably one of the sacred vessels used for holding the wine offered in the celebration of the mass. The giving of this vessel seems to have been a form sometimes adopted in giving sasine to, or in confirmation of, particular ecclesiastical offices. |
| [56] | Memorie of the Somervilles, vol i. p. 274. |
| [57] | John fourth Lord Somerville was weak in intellect, and unfit to manage his own affairs. His younger brother Hugh, in 1515, endeavoured to obtain a brief of inquest for declaring him an idiot. In this he did not succeed; but he was empowered to intromit with the whole rents belonging to the lordship, the Mains of Cowthally and Lampts being appointed for his brother’s maintenance, and the title and entry of vassals were reserved to him during his life. It was also ordained that trusty servants should be placed with Lord John, both for the care of his person, and the bringing in of the rents of these lands for the use of his house, which he kept at Cowthally so long as he lived.—Memorie of the Somervilles, vol. i. pp. 274, 322-331. |
| [58] | Memorie of the Somervilles, vol. i. pp. 354-357. |
| [59] | James Cunningham of Polmaise, Dame Agnes’s brother-in-law. |
| [60] | Dumbarton Sasine Records. |
| [62] | Might not this be her first or second husband? |
