sao A9 A1+ V.15 Digitized by Microsoft® CORNELL UNIVERSITY LIBRARY BOUGHT WITH THE INCOME OF THE SAGE ENDOWMENT FUND GIVEN IN 189I BY HENRY WILLIAMS SAGE ^^'^i i EDINBURGH : PRINTED BY M'FARLANE AND ERSKINE, ST JAMES SQUARE. PEEFACE. In the spring of the year 1845 I was applied to by a lady, who claimed descent from the family of Young of Seton, to search among old papers believed to exist at Barnbarroch for any letters from Sir Peter Young of Seton, who had been Ambassador to Denmark with the Laird of Barnbarroch in 1587. Not having at that time learned to read the ancient writing, my search was not an exhaustive one; but I found several letters from Sir Peter Young on the subject of the Embassy ; and having noticed some letters with the signatures of some of the principal his- torical characters of the time, I got a few of them transcribed. The fee I had to pay for the work done deterred me from employing similar assistance on a large scale, and I resolved to teach myself to read the old documents, that I might judge what there was among the family papers worthy of publication. The quantity of material was alarming ; I felt that one man's lifetime would not suffice to master it all, but I made a begin- ning, and after having transcribed indiscriminately what at the first glance seemed to be interesting, I resolved to Limit my work to private letters, and afterwards to those addressed to one ancestor only. Sir Patrick Waus, whose career embraced the latter half of the sixteenth century. For many years I have occupied my leisure in copying these old papers, and the task has been a labour of love. It has led me into much interesting iv PREFACE. research into the history and language of the period, and has enabled me to pass agreeably hours which, without this resource, would have been tedious ; notably, many spent in the Library of the House of Commons, when the practice of the Art of Procrastination was making them both wearisome and irritating to those who chose, or were obliged, to listen to its professors. When the work was well advanced I offered the MS. to the Grampian Club, of which I am a member, and it was accepted, and advertised as one of the forthcoming publications of that Club ; but, it having been intimated to me by the Secretary that the Club was not in funds to pay for the printing of the book, I withdrew it, and now publish it myself in the hope that this contribution of mine to the records of the past will stimulate other owners of ancient documents, which have as yet escaped the perils of fire and damp, to examine them, and give to the world in a modern form those that are of interest, before they are utterly obliterated by inevitable decay. E. Vans Agnew. Parnbareoch, October 1882. TABLE OF CONTENTS. Table of Pao-similes of Signatures, Introduction, ..... Fac-similes of Signatures, ... 1. Letter from Patrick Waus, from School, to his Mother. [Holograph], 2. Letter from the same to his Father. [Holograph], 3. Letter from the same to the same. [Holograph], 4. Letter from the same to the same. [Holograph], 5. Appointment of Procurators hy Patrick Waus, Parson of Wigtown, 10th February 1546-7, ... 6. Licence by the Regent Arran to Patrick Waus, Parson of Wigtown to go to Paris to study and to remain three years, 3d July 1549, 7. Gift by Queen Mary of the Marriage of the three daughters of the late John Waus of Lochslyn to Mr Patrick Waus, 31st December 1554 8. Grant by Mary, Queen Dowager and Regent, of a Pension of £100 to Mr Patrick Waus, October 1556, Letter from James Thornton, at Rome, to the Rev. Mr Patrick Waus, 18th September 1558, Letter from Gilbert, third Earl of Cassillis, to Mr Patrick Waus, ^ from Dieppe, 7th November 1558, 11. Letter from Gilbert, fourth Earl of Cassillis, to the same, 15th December 1558, ..... A French Passport to the same, 27th February 1558-9, Acknowledgment of Debt of £200 by Earl of Cassillis to the same, 28th June 1559, .... Grant by King Francis and Queen Mary to the same of a Pension of £100 out of the fruits of the Abbey of Glenluce, 23d March 1559-60, ........ 15. An Exemption for the Earl of Cassillis and his whole dependants from the Sheriff of Wigtown, 1559, .... 16. Petition to the Pope (in Latin) by Mr Patrick Waus, to dispense with his taking holy orders, and to continue him in the Parsonage of Wigtown, 27th April 1560, ..... 17. Obligation by Robert Bog to Mr Patrick Waus, May 1560, . 18. A Memorial of Mr James Thornton, 12th May 1560, . 9. 10. 12. 13. 14 XXV li 2 2 4 5 10 11 12 14 14 15 16 18 20 21 vi CONTENTS. FAOE 19. Bond by Thomas, Abbot of Glenluce, for 600 Marks, to Mr Patrick Waus of the Maidland, as tocher with Ellspett, Daughter of Sir Hew Kennedy of Girvan Mains, 26th December 1560, . . 23 20. Bond by Thomas, Commendator of Glenluce, for the balance of the above tocher, 16th April 1572, ..... 24 21. Contract of Marriage between George Murray, son to David Murray of Bronghton, and Isobell Waus, Daughter to Mr Patrick Waus of Barnbarroch, 6th August 1562, ..... 25 22. Letter from the Earl of Cassillis to the Laird of Barnbarroch, 3d April 1561, ....... 29 23. Bond of Manrent between Harry Hawthorn of Airies and Alexander Waus of Barnbarroch, 6th November 1562, ... 29 24. Contract for the Sale of Artfield by Gilbert, Earl of Cassillis, to Mr Patrick Waus, 2d March 1562-3, .... 31 25. Letter from Cuthbert Cuthbertson to the same, 14th March 1562-3, . 32 26. Receipt by Gilbert, Earl of Cassillis, to Mr Patrick Waus of Cascreugh, for the rents of certain lands, 15th November 1563, 33 27. Discharge for the Bishop of Galloway by Mr Patrick Waus, Commis- sar of Wigtown, 1564, ...... 34 28. Letter from James Stewart, Earl of Moray, to the Laird of Barnbar- roch, 12th April 1565, ...... 34 29. Summons from Queen Mary and Henry E. (Damley) to the same, to meet them at Stirling "with the haill force ye may mak," 13th September 1565, ...... 35 30. Letter from Sir John Bellenden, the Justice- Clerk, to Mr Patrick Waus, 23d November 1566, ..... 36 31. Letter from Mrs Janet Kennedy of Culzean to Alexander Waus, Laird of Barnbarroch, 4th July 1566, ..... 37 32. Letter from John Lumsden of that Ilk, to Mr Patrick Waus, 28th July 1560-7, .....'.. 39 33. Contract- and Acquittance between Mr Patrick Waus and the Laird of Mochrum, and his Sister-in-Law, Lady Barnbarroch, 10th August 1568, ....... 39 34. Agreement by which Euphemia Dunbar, widow of Alexander Waus of Barnbarroch, sells her terce to Mr Patrick Waus, his brother and successor, 10th August 1568, .... 41 35. Contract between Mr Patrick Waus and Euphemia Dunbar, his brother's widow, anent an Annuity for her in lieu of her terce, November 1568, ....... 43 36. Abduction of Helen Waus, 31st July 1568, .... 46 37. Procuratory by Sir John Bellenden, as Donator to the Marriage of Helen Waus, 28th July 1568, . . . . .48 38. Letter from George M'Come (Malcolm) to Mr Patrick Waus (undated), •••••.. 49 39. Letter from Alexander Stewart, younger of Garlies, to the same, 6th August 1568, . . . . . .' 50 CONTENTS. Vll PAGE 40. The King's Letters, etc., against M'Kies of Myretonn M'Kie and others, for breaking into and plundering Mr Patrick Waus' house of Cascreugh, 11th August 1568, .... 51 41. Notarial Instrunnient of Helen Waus' refusal of marriage offered to her bythedonator, "conform totheKing'sgift," 6thSeptember 1568, 53 42. Warrant against M'Kie and others. Abductors of Helen Waus, 7th September 1568, ....... 55 43. Letter from Alexander M'Kie of Balseir to Mr Patrick Waus. [Holo- graph.] 1568, . ' . . . . . .57 44. Discharge by Alexander M'Kie to the same, for- 8350 Merks, 17th May 1575, ....... 58 45. Letter by Alexander M'Kie to the same (undated), ... 59 46. Letter from the same to the same (undated), . . 60 47. Letter from John, Lord Glamis, to the Laird of Barnbarroch, 25th August 1568, ....... 61 48. Letter from the Regent Moray to the same, 23d April 1569, . . 61 49. Letter from the same to the same, 29th April 1569, ... 62 50. Letter from Queen Mary to the same, 4th June 1569, . . 62 51. Letter from James Hamilton (second Earl of Arran) to the same, 20th August, . . ..... 63 52. Letter from William Maitlaud, younger of Lethington, to the same, 27th October 1569, . . . . ... 64 53. Letter from Sir John Gordon of Lochiuvar to the same, 6th February 1569-70, ........ 65 54. Letter from the same to the same (no date), .... 66 55. Letter to the same, signed by the Earl of Argyll, the Bishop of St Andrews, and Lords Arbroth, Flemming, and Boyd, 8th February 1569-70, ........ 66 56. Letter from the Earl of Argyll to the same, 20th February 1569-70, . 67 57. Letter from the same to the same, 22d February 1569-70, . . 68 58. Letter from Sir John Gordon of Lochiuvar to the same, 22d February 1569-70, ........ 68 59. Letter from the Earl of Cassillis to the same, 22d March 1569-70, . 69 60. Letter from the same to the same, 3d April 1570, ... 70 61. Receipt by Sir John Dunbar of Mochrum to Mr Patrick Waus of Barn- barroch, for his daughter Euphemia's "Thirds," 2d July 1570, . 71 62. Letter from John, Lord Glamis, to the Laird of Barnbarroch, 29th November 1570, ....... 71 63. Letter from Thomas Waus, Burgess of Edinburgh, to the same. [Holograph.] 29th November 1570, .... 72 64. Letter from the same to the same, 12th February 1570-71, . . 73 65. Letter from Queen Mary to the same, 30th Aprill 571, . . 74 66. Letter from the same to the same, 10th May 1571, ... 75 67. Letter from the Earl of Cassillis to the same, 26th June 1571, . 76 68. Letter from Sir John Stewart of Min to to the same, 28th October 1571, '77 69. Letter from Lord Robert Stewart; Commendator of Whithorn, to the same, 26th November 1571, ..... 79 80 83 85 Viii ' CONTENTS. 70. Letter from the Regent, Earl of Mar, to the Laird of Barnbarroch, 1st April 1572, ....■••, 71. Letter from Sir John Stewart of Minto to the same, 15th October 1572, 81 72. Letter from the same to Sir Hew Kennedy of Girvan Mains, 15th October 1572, ....•■• ^1 73. Letter from the Earl of Cassillis to the Laird of Barnbarroch, 24th January 1572-3, . . . . • • .82 74. Letter from Kennedy of Girvan Mains to the same, 1573, . . 83 76. Letter from James, Earl of Morton, Regent, to the same, 29th May 1573, 76. Letter from the same to the same, 18th July 1573, ... 84 77. Discharge by Mr Robert Stewart, Factor to Sir John Stewart of Minto, to Mr Patrick Waus, for rent of Knockan, etc., 6th January 1573-4, ....■■■ 78. Letter from Sir John Dunbar of Mochrum to the Laird of Barnbar- roch, 16th March 1573-4, ..... 85 79. Copy of Contract of Marriage between Patrick Wans of Barnbarroch and Katherine Kennedy, Daughter of the Earl of Cassillis, 19th March 1573-4 86 80. Letter from Lord Ruth van to the Laird of Barnbarroch, 1 6th July 1574, 90 81. Letter by the Earl of Huntly to the same, 13th August 1574, . 90 82. Discharge by the Earl of Cassillis of 525 Marks, borrowed on security of silver plate, 25th October 1574, .... 91 83. Letter from Thomas Naismith to the Laird of Barnbarroch on the same subject, 5th November 1574, .... 92 84. Letter from the Earl of Cassillis to the same, 6th February 1574-5, . 93 85. Letter from Andrew Stewart, Master of Ochiltree, to the same, 10th April 1575, . 93 86. Letter from the Earl of Cassillis to the same, 12th May 1575, . 94 87. Letter from Katherine Herries, Lady Garlies, to the same, 2d July 1575, . ...... 95 88. Letter from Alexander Stewart to the same, 5th July 1575, . . 96 89. Letter from John, Lord Maxwell, to the same, 26th July 1675, . 96 90. Letter from the Earl of Cassillis to the same, 25th August 1575, . 97 91. Letter from John Duncansone to the same, 27th September 1575, . 98 92. Contract between Mr Patrick Waus and Catherine Lennox on his buying her Stock and Kindness (Tenant right) in Glenhowl, 24th October 1575, ...... 98 93. Letter from Sir John Stewart of Minto to the Laird of Barnbarroch, 14th November 1575, ...... 100 94. Letter from the same to the same, 20th December 1575, . . loi 95. Letter from Sir John Dunbar of Mochrum to the same (perhaps) 1575, 102 96. Letter from Patrick M'Dowall of Logan to the same, 20th April, . 103 97. Letter from the same to the same, 14th December, . . . 104 98. Letter from Adair of Kinhilt to the same, 10th August, . . 105 99. Letter from Robert Lindsay to the same, 24th June, . . . 105 100. Letter from M'Dowall of Freuch to the same, 13th November, . 106 CONTENTS. IX 101. Letter from Gavin Dunbar of Baldoon to the Laird of Barnbarroch, 18th June, ....... 102. Letter from the same to the same, ..... 103. Letter from James M'CuUoch to the same, .... 104. Letter from the same to the same, 12th July, 105. Letter from Patrick Fleming to the same. [Holograph.] 16thOctoLer, 106. Letter from Lord Eobert Stewart, Commendator of Whithorn, to the same, 27th November, ..... 107. Appointment of Mr Patrick Waus as a Lord of Session, by Regent Morion, 11th January 1575-6, .... 108. Letter from the Countess of Cassillis to the Laird of Barnbarroch, , January 1575-6, ..... 109. Letter by Michael M'Crekan, Burgess in Wigtown, to the same, [Holograph.] 29th January 1575-6, 110. Letter from the same to the same. [Holograph.] 9th April, 111. Letter from Sir J. Stewart of Minto to the same. [Holograph. 16th February 1575-6, ..... 112. Letter from Nichol Dungalsone, Minister at Kirkinner, to the same. [Holograph.] 27th February 1575-6, . 113. Letter from Thomas Kennedy of Bargany to the same, 8th July, 114. Letter from the Earl of Cassillis to the same, 11th April 1576, 115. Letter from Lord Buthven to the same, 16th April 1576, . 116. Letter from the Earl of Cassillis to the same, 19th May 1576, 117. Letter from Thomas Kennedy of Bargany to the same, probably July 1576, 118. Letter from James Kennedy to the same, 13th September 1576, 119. Tack of the Baillerie of Penninghame and Glassnock Lands by the Earl of Cassillis to Mr Patrick Waus, 2d October 1576, 120. Letter from Sir John Stewart of Minto to the Laird of Barnbarroch, 1st November 1576, ..... 121. Letter from the same to the same, 12th November 1576, 122. Letter from Catherine Hen-ies, Lady Garlics, to the same, 18th November 1576, . . .... 123. Letter from Lord Robert Stewart, Commendator of Whithorn, to the same, 16th November 1576, .... 124. Letter from John Sloane to the same (no date), 125. Letter of Introduction by John Wallace of Craigie to the same, 29th November 1576, ....... 126. Letter from Cranstoun of that Ilk to the same, 3d December 1576, 127. LetterfromSir JohnStewartofMintotothesame, 7th December 1576, 128. Letter from the Earl of Errol to the same, 25th January 1576-7, . 129. Letter from Sir John Stewart of Minto to the same, 6th March 1576-7, 130. Letter from the same to the same, 14th March 1576-7, 131. Letter from Lord Ruthven to the same, 17th March 1576-7, 132. Letter from Mr John Sharpe to the same, 2d April 1577, . 133. Letter from Sir John Stewart of Minto to the same, 6th April 1577, 134. Letter from John, Lord Maxwell, to the same, 12th April 1577, . PAGE 106 136 108 108 109 111 113 114. 115 116 117 118 119 121 122 123 124 125 126 128 129 130 132 133 134 135 135 136 137 137 138 140 141 143 144 CONTENTS. 135. 136. 137. 138. 139. 140. 141. 142. 143. 144. 145. 146. 147. 148. 149. 150. 151. 152. 153. 154. 155. 156. 157. 158. 159. 160. 161. 162. 163. 164. 165. 166. Letter from Sir John Stewart of Minto to the Laird of Barnbarroch, 26th April 1577, .... Eeceipt by William Stewart, Burgess of Glasgow, and Servant to the Laird of Minto, 29th April 1577, Letter from Sir John Stewart of Minto to the Laird of Barnbarroch, 8th May 1577, Letter from Lord Robert Stewart, Commendator of Whithorn, to the same, 13th May 1577, Letter from Sir John Stewart of Minto to the same, 23d June 1577; Letter from Ninian Adair of Kinhilt, younger, to Sir Lewis Bel- lenden of Auchnoul, 28th June, . Letter from John Stewart of the Bowhouse to the Laird of Barn- barroch, 13th July 1577, Letter from Sir John Stewart of Minto to the same, 15th July 1577, Letter from James Kinross to the same, 24th July 1577, Letter from Sir John Stewart of Minto to the same, 25th July 1577, Letter from Minto, younger, to the same, 25th July 1577, Letter from Sir John Stewart of Minto to the same, 8th August 1577, Letter signed M. Stewart of Minto, younger, to the same, 18th August 1577 (?) Letter from Lord Ruthveu to the same, 8th N'ovember 1577, Letter from the Countess of Crawford to the same about gold chains in pledge, 7th November 1577, . Eeceipt for the Delivery of two Gold Chains, 12th November 1577, Letter from Hew Kennedy of Oohterlure to the Laird of Barn- barroch, 5th December 1577, Letter from Sir John Stewart of Minto to the same, 1 5th December 1 577 Lease by Lord Glamis, as Tutor to Earl of Cassillis, of his Lands in Galloway to Mr Patrick Waus of Barnbarroch and Hew Ken- nedy of Ochterlure, 30th December 1677, Letter from Alexander M'Kie to Mr Patrick Waus, 1577, Letter from Sir William Douglas (probably of Lochleven) to the Laird of Barnbarroch. [Holograph.] No date. Letter from the Earl of Montrose to the same, 6th January 1577-8, Letter from Sir John Stewart of Minto to the same, 13th January 1577-8 Letter from Sir Patrick Agnew of Lochnaw to the same, 1577-8, Letter from the Eegent Morton to the same, 23d January 1577-8, . Letter from Sir John Dunbar of Mochrum to the same, (?) 1577-8, . Letter from Hew Kennedy of Ochterlure to the same, 3d February 1577-8 ' . . Letter from Sir John Stewart of Minto to the same, 4th February 1577-8, Letter from the same to the same, 13th February 1677-8, Receipt by the same to the same, 1st March 1677-8, Letter from the same to the same, 5th March 1577-8, Letter from Lord Boyd to the same, 6th March 1577-8, PAGE 145 145 146 147 148 149 150 151 152 153 154 154 155 156 167 158 168 160 161 163 164 165 166 167 168 168 169 170 171 172 173 175 CONTENTS. 167. Letter from Sir John Dunbar of Moolirum to the Laird of Barn- barroch. [Holograph.] 12th March 1577-8, . 168. Letter from Lord Boyd to the same, 13th April 1578, 169. Letter from Sir John Stewart of Minto to the same, 16th April 1578; 170. Receipt by Neill Laing for Sir Patrick's House-Rent in Edinburgh. 7th June 1678, ...... 171. Letter from Lord Robert Stewart to the Laird of Barnbarroch, 17th June 1578, ...... 172. Letter from Sir John Stewart of Minto to the same, 29th June 1678, 173. Letter from John Dancanson to the same, 6th July 1578, . 174. Letter from Sir John Stewart of Minto to the same, 12th July 1578, 175. Letter from John, Lord Maxwell, to the same, 30th August 1578, 176. Letter signed Pennyglen to the same, 6th September 1678, . 177. Marriage-Contract between Grissel Waus and John Kennedy of Bar- whanny, 9th September 1578, .... 178. Obligation by Grissel Waus and John M'Dowall of Logan, her future Spouse, 16th May 1589, .... 179. Letter from Lord Robert Stewart to the Laird of Barnbarroch, 30th September 1578, ...... 180. Letter from Sir John Stewart of Minto to the same, 28th October 1578, 181. Letter from Katherine Stewart, Lady Garlics, 1578, 182.- Letter by Sir Patrick "Waus to his Brother, Mr Robert Stewart, Burgess of Whithorn, 2d November 1578, 183. Letter from the Countess of CassiUis to her Daughter, Lady Barn- barroch, 13th November 1578, .... 184. Receipt by Sir John Stewart of Minto, 15th November 1578, 185. Letter from Thomas Lyon of Baldowkie to the Laird of Barnbarroch, 11th December 1578, ..... 186. Letter from Sir John Stewart of Minto to the same, 12th December 1578 187. Letter from William Stewart to the same, 30th December 1578, 188. Letter from Sir John Stewart of Minto to the same, 2d January 1578-9, 189. Letter from Minto, younger, to the same, January 1578-9, 190. Letter from the Bishop of Orkney to the same, 17th January 1578-9, 191. Letter from Sir John Stewart of Minto to the same, 25th January 1578-9, 192. Letter from Sir Lewis Bellenden, the Justice-Clerk, to the same, 10th February 1578-9, ..... 193. Letter from Lord Robert Stewart to the same, 18th February 1578-9, 194. Letter from Sir John Stewart of Minto to the same, February 1678-9, 195. Letter from the same to the same, 21st February 1678-9, . 196. Letter from Lord Robert Stewart to the same, 23d February 1578-9, 197. Letter from Sir John Stewart of Minto to the same, 1st March 1578-9 198. Letter from the same to the same, 6th March 1578-9, 199. Letter from J. Johnston of that Ilk to the same, 5th April 1579, XI PAGE Xll CONTENTS. PAOE 200. Letter from Lord Robert Stewart to the Laird of Barnbarroch, 9th April 1579 209 201. Letter from Sir J. Gordon of Lochinvar to the same, 14th April 1579, 210 202. Letter from Lord Ruthven to the same, 20th April 1579, . . 211 203. Letter from Robert Flescher to the same, 26th May 1579, . . 212 204. Letter from Lord Ruthven to the same, 28th May 1579, . . 213 205. Letter from Mr John Sharpe to the same, 31st July 1579, . . 214 206. Letter from Lord Robert Stewart to the same, 21st December 1579, 215 207. Letter from Lady Elizabeth Douglas to the same, 23d January 1579-80, 21 6 208. LetterfromDavidMurray of Broughton to the same, 26th August 1579, 217 209. Letter from the same to the same (no date), .... 217 210. Letter from the same to the same (no date), . . . .218 211. Receipt by Dame Anna Keith, Countess of Argyll, to the same, 20th April 1580, " . . . . . . .219 212. Letter from Lord Robert Stewart to the same, 23d April 1680, . 220 213. Letter from Dame Katherine Stewart, Lady Garlies, to the same, 4th April 1580, ....... 221 214. Letter from the same to the same (no date), . . . .- 222 215. Letter from the same to the same (no date), . . . 223 216. Letter from Mr Robert Stewart to the same, 10th February 1579-80, 224 217. Letter from Sir Alexander Stewart to the same, 22d April 1580, . 225 218. Letter from Thomas M'Kellan of Bomby to the same, 20th June 1580, 226 219. Letter from Thomas Kennedy of Barganytothesame, 25th Junel580, 226 220. Letter from Ucht'red M'Dowell of Garthland to the same, 28tli June 1680, ........ 227 221. Letter from Sir J. Gordon of Lochinvar to the same, 8th July 1580, 228 222. Letter from the same to the same, 15th September 1580, . . 229 223. Letter from Thomas Waus, Burgess of Edinburgh, to the same. [Holograph.] 1st August 1580, . .... 230 224. Letter from Sir Thomas Kennedy of Culzeau to the same, 30th September 1580, ....... 231 225. Letter from Dame Katherine Stewart, Lady Garlies, to the same, 7th November 1580, ...... 232 226. Letter from Edward Maxwell of Hills, to the same, 13th February 1580-1, ........ 232 227. Letter from Sir John Dunbar of Mochrum to the same. [Holo- graph.] 8th February 1575-83, ..... 234 228. Letter from the same to the same. [Holograph.] 30th April 1575-83, 235 229. Letter from William Gordon of Barquhill to the same, 9th April 1581, 236 230. Letter from Mr John Young, Minister at Wigtown, to the same. [Holograph.] 10th February 1581-2, .... 236 231. Letter from Lord Orkney to the same, 4th March 1581-2, . . 238 232. Acquittance by Lady Garlies for the Teinds of the whole Priory of Whithorn, 1st April 1582, ..... 239 233. Order from the King to attend Courts of Justiciary at Perth, 20th April 1582, ....... 240 CONTENTS. XIU 234. Letter from Mr Robert Stewart to the Laird of Barnbarroch, 14th May 1582, ...... 235. Letter from William Dunbar of Craighlaw to the same. [Holo graph.] 16th March 1582, .... 236. Bond of Kindness between Ninian Adair of Kenhilt and the Laird of Barnbarroch (no date), .... 237. Letter from Ninian Adair of Kenhilt to the same. [Holograph. 9th June 1582, ...... 238. Letter from John Kennedy to the same, 16th June 1582, 239. Letter from Margaret, Mistress of Ochiltree, to the same, 15th June 1582 . 240. Letter from the same to the same, 16th June 1582, . 241. Letter from Mr John Sharpe to the same. [Holograph.] 29thJunel582, 242. Letter from John Kennedy to the same, 30th June 1682, 243. Letter from the Earl of Gowrie to the same, 6th August 1582, 244. Order from the King to the same to attend Justice Courts, 8th August 1582, ...... 245. Letter from the Earl of Gowrie to the same, 10th August 1582, 246. Portion of letter from Mr John Young, Minister at Wigtown, to the same. [Holograph.] 21st September 1582, 247. Letter from John Blane, Procurator for the Town of Whithorn, to the same, 20th October 1582, .... 248. Letter from Mr Robert Stewart to the same, 10th December 1582, 249. Bond by Ninian Adair to restore a Silver-gilt Basin and Laver, 17th December 1582, ...... 250. Receipt by Alexander Kinross for 500 merks paid by Sir Patrick Waus to Margaret, Lady Ochiltree, 26th December 1582, 251. Letter from Alexander M'Kie, in Whitehills, to his Father-in-Law, the Laird of Barnbarroch. [Holograph.] (No date), . 252. Letter from the Laird of Garlics to the same, 1581 or 1582, . 253. Letter from Mr Robert Stewart to the same, 26th January 1582-3, 254. Letter from to the same, 1583, . 255. Letter from the Laird of Garlies to the same, 5th February 1582-3, 256. Letter from the same to the same, 23d February 1582-3, 257. Letter from Mr Robert Stewart to the same, 19th March 1582-3, 258. Discharge by G. Douglas of Borgue to the same, 8th April 1583, 259. Letter from Thomas Dicksone to the same, 29th April 1583, 260. Letter from to the same, 23d May 1583, . 261. Letter from TJchtred M'Dowall of Garthland to the same, 17th June 1583, ...... 262. Letter from Christian Douglas, Lady Garlies, to the same, 24th Jjme 1583, ...... 263. Letter from " the Larg " (? Crichton) to the same, 20th July 1583, 264. Letter, the Mistress of Ochiltree to the same, 20th August 1583, 265. Receipt by Richard Waus to the same, 22d September 1583, 266. Letter from Thomas M'Clellan of Bomby to the Laird of Barn barroch, 16th October 1583, . , , ' . XIV CONTENTS. 267. Letter from an Agent to the Laird of Barnbarroch, 12th November 1583, 268. Letter from Gilbert Kennedy of Girran Mains to the same, 1578-88, 269. Letter from Dame Katherine Stewart, Lady Garlies, elder, to the same, 11th February 1583-4, . . . ■ • 270. Letter from the Laird of Garlies to the same, 13th February 1583-4, 271. Letter from Michael M'Crekane to the same, 19th March 1583-4, 272. Letter from William M'Gowan to the same, 30th March 1584, 273. Letter from Lord Orkney to the same, 11th May 1584, 274. Letter from the Earl of Argyle to the same, 13th May 1584, 275. Letter from Sir Thomas Kennedy of Culzean to the same. May 1584, 276. Letter from Lord Orkney to the same, 4th May 1584, 277. Paper signed " Orknay," being an account of "The money debursit and delyuerit to my Lady sen my Lordis last cumming out of the South," ...... 278. Letter from the Laird of Garlies to the Laird of Barnbarroch, 16th May 1584, 279. Letter from the same to the same, 19th May 1584, . 280. Letter from the same to the same, 2d June 1584, 281. Letter from the King to the same, 10th July 1584, . 282. Letter from the Prior of Blantyre to the same, 10th July 1584, 283. Letter from Sir Eobert Melville to the same, 11th July 1584, 284. Letter from the King to the same, 12th July 1584, . 285. Letter from the Earl of Montrose to the same, 12th July 1584, 286. Letter from the King to the Laird of Garlies anent the Prior of Whithorn, July 1584, ..... 287. Letter from to the Laird of Barnbarroch, 18th July 1584, 288. Letter from the Laird of Garlies to the same, 23d July 1584, 289. Letter from a Lord of Session to the same, 28th July 1584, . 290. Letter from John Nicolson to the same, 28th August 1584, . 291. Letter signed " Ardmillau" to the same, 6th September 1584, 292. Letter from the Laird of Barnbarroch to the Laird of Garlies, [Holograph.] 23d September 1584, 293. Letter from Machirmore, younger, to the Laird of Barnbarroch, 24th to 29th September 1584, . .... 294. Letter from Wm. Gordon of Barq[uhill to the same, 1584, . 295. Letter from Mr John Sharpe to the same, 29th September 1584, 296. Letter from Thos. M'Clelland of Bomby to the same, 6th October 1584, ....... 297. Letter from the Earl of Bothwell to the same, 23d October 1584, 298. Contract of Marriage between Janet Waus and Wm. Adair, second son of Adair of Kiuhilt, 25th October 1584j 299. Receipt by Wm. Adair, jun., 23d October 1587, 300. Letter from the Laird of Garlies to the Laird of Barnbarroch, 1st November 1584, ...... 301. Letter from Sir Thos. Kennedy to the same, 1584, . 302. Letter from the same to the Sheriff of Galloway, 1584, PAGE 278 279 CONTENTS. XV 303. Agi-eement between tlie Laird of Bambarrooh and John Wallace of Dundonald, husband of Dame Katherine Stewart, Lady Garlics, 5th November 1584, . . . . . .314 304. Acquittance by Thomas Otterburne of Reidhall to the Laird of Barnbarroch and others for £100 due by the late Hew Kennedy of Barwhanny, 27th November 1584, . . . .316 305. Letter from Sir John Edmonstone to the Laird of Barnbarroch, 29th November 1584 ' . .317 306. Letter from Lord Orkney to the same, 15th December 1684, . 317 307. Letter from the King to the same, 4th January 1584-5, . . 318 308. Letter from Wm. M'Clelland of Gelston to the same, 12th January 1584-5, . . . ■ . . . . .319 309. Letter from the same to the same (no date), .... 320 310. Letter from Malcolm Fleihing to the same, 16th January 1584-5, . 320 311. Letter from Sir Thos. Kennedy to the same, 26th Febniary 1584-5, 321 312. Letter from David Murray of Broughton to the same, 1584-5, . 322 313. Letter from James Dunbar of Cumnock to the same, 28th February 1584-5, 322 314. Letter from Anna Keith, Countess of Argyle, to the same, 7th March 1584-5, ....... 323 315. Letter from the same to the same, 11th March 1584-5, . . 324 316. Letter from Michael Blane to the same, 26th March 1585, . . 325 317. Letter from John Dunbar to the same, 9th April 1585, . . 326 318. Letter from Elizabeth, Lady Forbes, to the same, 21st April 1^85, . 327 319. Letter from Paul Gordon to the same, 26th April 1585, . . 328 320. Letter from the Laird of Garlics to the same, 23d April 1585, . 329 321. Order for a. taxation of £20,000 to pay " Wageit men on hors and fute " to serve under the "Warden of the West March against Eobert Maxwell and other broken men, 28th April 1585, . 330 322. Letter from the Laird of Garlies to the Laird of Barnbarroch, 29th April 1585 332 SV,3. Letter from Ninian Adair, younger of Kenhilt, to the Lady Barn- barroch, 22d July (perhaps) 1585, . . . .334 324. Order from the King to attend the Court of Chekker, 27th Septem- ber 1585, . ....... 334 325. Letter from Sir Thomas Kennedy to the Laird of Barnbarroch, 10th October 1585, ....... 336 326. Letter from the King to the same, 12th October 1585, . . 336 327. Letter from.the Laird of Garlies to the same, 15th October 1585, . 336 328. Letter from Sir Thomas Kennedy to the same, 15th October 1685, . 337 329. Letter from the King to the same, 20th October 1685, . . 338 330. Letter from Dame Anna Keith, Countess of Argyle, to the same, 27th October 1585 . 339 331. Letter from James Dickson to Andrew Martin, 23d November 1685, 340 332. Summons from the King to the Laird of Barnbarroch to attend the "Session and Chekker," 14th December 1585, . . .341 333. Letter from Sir Archibald M'Kie of Merton to the same, 1585, . 342 XVI CONTENTS. 334. Letter from "William M'Clelland of Gelston to the Laird of Barn- barroch, 6th January 1585-6, . . . • • 342 335. Letter from Lord Orkney to the same, 26th January 1585-6, . 343 336. Letter from the Laird of Barnbarroch to William M'Clelland of Crofts, 9th February 1585-6, ..... 344 337. Letter from Katherine Kennedy, Lady Barnbarroch, to John Kennedy of Barwhanny, 9th February 1585-6, . . . .345 338. Extract from Order of Council to Alexander Stewart of Garlies to desist from Sir Patrick Waus' lands in "Whithorn, . . 346 339. Portion of a Letter from Lady Barnbarroch to her husband Sir Patrick "Waus, March 1585-6, . . . . .347 340. Letter from James Crichton to the Laird of Barnbarroch, March 1585-6, 348 341. Letter from Thomas Kennedy of Bargany to the same, 8th March 1584-7 348 342. Letter from Malcolm Fleining to the same, 12th March 1585-6, . 349 343. Letter from the same to the same, 7th March 1585-6, . . 350 344. Letter from Earl of Morton to the same, 21st March 1585-6, . 351 345. Letter from Ninian Adair, younger, to the same, 15th April 1586, . 352 346. Relief from Taxation gi'anted to Sir Patrick "Waus as a Judge, 30th April 1586, 353 347. Letter from Dame Anna Keith, Countess of Argyle, to the Laird of Barnbarroch, 5th May 1586, ..... 354 348. Letter from Andrew Ker of Fauldonside to the same, 8th May 1586, 354 349. Letter from Ninian Adair of Kinhilt, younger, to" the same, 11th May 1586, . : . . . . .355 350. Letter from Katherine Herries, Lady Garlies, to the same, 11th May 1586, ... . . . . .356 351. Bond for 20,000 merks by the Earl of Morton and his Cautioners, dated 12th, 13th, and 14th May 1586, . . . .357 352. Letter from James Stewart, Lord Doune, to the Laird of Barnbarroch, 24th August 1586, ...... 359 353. Letter from James Adamson, Minister at "Whithorn, to the same, 2d September 1586. [Holograph], . . . .361 354. Part of a letter without signature, date, or address, . . . 361 355. Letter from the Earl of Morton to the same, 14th September 1586, . 362 356. Part of a letter from the Laird of Garlies to the same, October 1586, 363 357. Letter from Lord Murray to the same, 11th Decem.ber 1586, . 364 358. Letter from Mr J. Graham to the same, 12th December 1586, . 365 359. Letter from Sir John Dunbar to the same. [Holograph.] 1686, . 366 360. Letter from Lord Murray to the same, 16th December 1586, . 366. 361. Letter from the same to the same, 22d December 1586, . , 367 362. Letter from Alexander M'Kie, in Whitehills, to the same, 1586, . 368 363. Letter from the same to the same, (probably) 1586, . . . 369 364. Letter from the Laird of Garlies to the same, 23d December 1586, . 370 365. Letter "from the same to the same, 1st January 1586-7, . , 371 366. Letter without signature to the same, 13th January 1586-7, . 372 367. Letter from the Master of Orkney to the same, 28th January 1586-7 373 CONTENTS. xvii 368. Narrative of events, 1586-1590, ..... 373 369. Letter from Mr Peter Young to the Laird of Bambarroch, 22d Feb- ruary 1586-7, ....... 378 370. Letter from Lady Barnbarroch to her husband, 5th March 1586-7, . 379 371. Letter from; John, Lord Hamilton, to the Laird of Barnbarroch, 8th March 1586-7, ....... 380 372. King James' Arrestment of all Ships till the Ambassadors have secured such as they want, 17th March 1586-7, . . .381 373. Letter from Mr Peter Young to the Laird of Barnbarroch, 18th March 1586-7, ....... 382 374. Letter from Brochton, younger, to Lady Barnbarroch, April 1587, . 383 375. Letter from the Laird of Barnbarroch to his Wife, 24th April 1587, 384 376. Letter from Lady Barnbarroch to her Husband, 25th April 1587, . 386 377. Draft of letter from the Laird of Barnbarroch to Gilbert Baillie, . 389 378. Deed of Gift of his own marriage to John Waus by King James VI. , 28th April 1587, ....... 390 379. Letter from Lord Ogilvy to the Laird of Barnbarroch, 30th April 1587, 391 380. Letter from John Kennedy to the same, 4th May 1587, . . 392 381. Letter from the Laird of Bargany to the same, 6th May 1587, . 392 382. Letter from Lady Barnbarroch to her Husband, 6th May 1587, . 393 383. Letter from the Laird of Garlies to the Laird of Barnbarroch, 19th May 1587, ....... 395 384. Journal of Sir Patrick Waus's Journey when he went Ambassador to Denmark, 30th May 1587, ..... 396 385. Letter from the King to Sir Patrick Waus and Mr Peter Young, his Ambassadors at the Court of Denmark, 14th June 1587, . 401 386. Letter from the Laird of Garlies to Lady Barnbarroch, June 1587, . 402 387. Letter from John Fleming to the same, 30th July 1587, . . 402 388. Discharge by John Gardner for Freight of Ship to Denmark, 18th August 1587, ....... 403 389. Letter from Patrick Wedderbum, Burgess of Dundee, to Sir Patrick Waus, 11th September 1587, ..... 404 390. Letter from Andrew Marline, servant to the Master of Orkney, 11th September 1587, ....... 405 391. Contract between the Laird of Barnbarroch and his Wife, 15th September 1587, ....... 406 392. Letter from Alexander Young of Eastfield to the Laird of Barn- barroch, 24th September 1587, ..... 408 393. Extract from Register of Privy Council approving of the conduct of the Ambassadors, 11th October 1587, . . . .408 394. Extracts from Acts of Parliament in favour of Sir Patrick Waus, 11th October 1587, ...... 409 395. Letter from Lord Orkney to the Laird of Bambarroch, 12th October 1587, ........ 410 396. Discharge by John Russell to the same, 11th November 1587, . 411 397. Letter from the Master of Orkney to the same, 12th December' 1587, 411 XVlll CONTENTS. * PAGE 398. Letter from Sir John Gordon of Loohinvar to the Laird of Birn- tarroch, 27tli January 1587-8, . . . . .412 399. Letter from the same to the same (undated), . . .414 400. Letter from the same to the same, 5th February, . . .415 401. Letter from Alexander "Waus, jun., to the same, 4th March 1587-8, 415 402. Contract between the Laird of Barnbarroch and Sir Andrew Agnew, Sheriff of Wigtown, 29th March 1588, . . . .416 403. Letter from Robert Maxwell in Garrarie to the Laird of Barnbarroch, 27th April 1588, ....... 417 404. Letter from Sir John Maitland, Lord Thirlestane, the Chancellor, to the same, 24th April 1688, ..... 419 405. Letter from the Laird of Garlics to the Master of Orkney anent Priory of Whithorn, 23d May 1588, . . . .419 406. Letter signed "Marie Steuart" (wife of the Master of Gray) to the Laird of Barnbarroch, 27th May 1588, . . . .420 407. Letter from Mr Peter Young to the same, 19th June 1588, . . 421 408. Letter from Margaret Lyon, Lady Hamilton, to the same, 2d July 1588, 422 409. Letter from Thomas Graham of Craig to the same, 3d July 1588, . 423 410. Letter from the Clerk Eegister to the Sheriff of Galloway to exempt Sir Patrick Waus from taxation, 11th July 1588, . . .424 411. Letter from Lady Barnbarroch to George Vauss, her servant, July 1588, ........ 425 412. Letter from Sir Thomas Kennedy of Culzean, Tutor of Cassillis, to the Laird of Barnbarroch, 14th July 1588, . . .426 413. Letter from the same to the same (undated), . . . 428 414. Letter from the Master of Orkney to the same, 24th July 1588, . 428 415. Receipt by Sir John Gordon of Lochinvar for repayment of forty " angellis " of gold, 27th July 1588 429 416. Letter (in Latin) from Gerhardus Ranthouis to the Laird of Barn- barroch, 23d August 1588, ..... 429 417. Letter from John Russell to the same, 4th October 1588, . . 430 418. Discharge by the same to Sir Patrick Waus, 1st January 1588-9, . 432 419. Letter from Margaret Lyon, Lady Hamilton, to the Laird of Barn- barroch, 1st June 1589, ...... 432 420. Letter from the Master of Orkney to the same, 22d June 1589, . 433 421. Letter from Edward Forrester to the same, 28th June 1589, . 434 422. Letter from James, Lord Lindsay, to the same, 6th July 1589, . 435 423. Letter from John, Earl of Cassillis, to the same, 20th July 1589, . 435 424. Letter from Ninian Adair of Kinhilt, younger, to the same, 22d July 1589 438 425. Letter from John Shearer, messenger, to the same, 3d August 1589 437 426. Obligation by Archibald Geddes to return a gold chain, 7th August 1589, . . . . . . ... 438 427. Letter from the King to the Laird of Barnbarroch, 30th August 1589, .439 428. Letter from the King to the same, 30th August 1589, . . 439 CONTKNTS. xix 429. Letter from the King to tlie Laird of Bariibarrocli, 10th September 1589 440 430. Discharges by Sir Patrick Waus for the " cote " (the Rate exacted for confirming Wills) for the years 1583 to 1589, . . .441 431. Letter from Sir James Douglas of Drumlanrig to the same, 1st January 1589-90, ...... 442 432. Letter from the same to the same (undated), . . 445 433. Letter from the Eg,rl of Huntly to the same, 18th January 1589-90, 445 434. Letter from the Earl of Morton to the same, 30th January 1589-90, 446 435. Letter from William Wallace, Minister of Failfurd, to the same, 12th February 1589-90, ...... 447 436. Letter from the King to the same, 21st February 1589-90, . . 449 437. Letter from the Earl of Montrose to the same, 22d February 1589-90, 449 438. Letter from John Shearer, messenger, to the same, 2d March 1589-90, 450 439. Letter from Sir Thomas Kennedy of Culzean to the same, 7th March 1589-90, . . . -. . . .452 440. Discharge by John Gibson for Freight of Ship to Norway, Marfih 1589-90, . . , . . . . . .452 441. Letter from Sir James Home of Coldenois to the Laird of Barn^ barroch, 17th March 1589-90, ..... 453 442. Letter from Lord John Hamilton to the same, 18th March 1589-90, 453 443. Paper endorsed " coppei of ane Messiue," being the draft of a letter to the King then in Denmark, March 1590, . , .454 444. Letter from the Provost of Lincluden to the Laird of Barnbarroch, 3d April 1590, ....... 455 445. Letter from Sir Thomas Kennedy of Culzean to the same, 21st April 1590, ........ 456 446. Letter from the Earl of Huntly to the same, 1st June 1590, . 458 447. Letter from the King to the same, 3d June 1590, . . . 458 448. Discharge by Sir Andrew Melvill, Master of the Household, to the same, of his Pension of Corsraguell for the year ending Whit- sunday 1590, 3d June 1590, ..... 459 449. Letter from Lord John Hamilton to the same, 29th June 1590, . 460 450. Letter from Margaret Lyon, Lady Hamilton, to the same, 29th June 1590, . . . . . . . . ' 460 451. Letter from the Laird of Garlics to the same, 7th July 1590, . 461 452. Letter from the Laird of Barnbarroch to his Wife, 15th July 1590, . 462 453. Letter from the King to the Laird of Barnbarroch, 17th September 1590, ........ 464 454. Letter from Lord Seton to the same, 5th January 1590-1, . . 464 455. Horning against John Wallace of Craigie for payment of the Laird of Bambarroch's expenses in going to Denmark, 6th January 1690-1, 465 456. Discharge by Allan Cathcart, Chamberlain of Galloway, to the Laird of Barnbarroch, for " Maill of the King's lands, " 20th January 1590-1, 466 457. Letter from Mr James Davidson, Minister at Wigtown, to the same, 16th February 1590-1, .... .467 458. Letter from Gavin Dunbar of Baldoon to the same, 14th May 1591. 468 h 470 471 472 473 474 475 476 476 477 479 XX CONTENTS. 459. Letter from John Crichton of Larg to tlie Laird of Barnbarrocli, 17t]i May 1591 • • 460. Letter from Thomas Kennedy of Bargany to the same, 21st May 1591, 461. Letter from Kohert, Master of Egliaton, to the same, 23d May 1591, 462. Letter from the Earl of Huntly to the same, 1st June 1591, 463. Letter from Lord John Hamilton to the same, 8th June 1591, 464. Letter from "William M'Clelland of Crofts to the same, 21st July 1591, 465. Letter from Sir James Bellenden of Kilkonchre to the same, heing the Intimation of the Death of his Brother, the Justice-Clerk, and Invitation to his Funeral, 31st August 1591, 466. Letter from Archibald, Earl of Argyle, to the same, 10th September 1591, 467. Letter from William M'Clelland of Crofts to the same, 18th Sep- tember 1591, ....... 468. Extracts on the Custom of "doing homage" or giving satisfaction for Injuries to settle Blood Feuds, .... 469. Submission to and Decreet-Arbitral by WiUiam M'CuUoch of Myr- toun, as Arbiter between Fergus M'Dowall of Barnanght and John M'Kie of Drumbuy, and their Friends, for the Mutilation ofthe said Fergus, 19th September 1591, . . .480 470. Extract Brief of Inquest of Sir Patrick Waus as Heir-Male of George Waus, Bishop of Whithorn, 12th October 1591, . . 483 471. Contract of Marriage between Alexander Baillie, eldest son and heir of William Baillie of Dunragit, and Eupheme, daughter of Sir Patrick Waus, 22d October 1591, . . . .485 472. Letter from John Kennedy of Pinwherrie to the Laird of Barn- barroch, 27th October 1591, ..... 487 473. Letter from Hew Wallace of Carnell to the same, 12th February 1591-2, ........ 488 474. LetterfromDunbarof Mochrum, younger, to the same, 7thApril 1592, 488 475. Decreet, the Laird of Barnbarroch against Thomas Kennedy of Bar- gany, 5th August 1592, ...... 490 476. Letter from Sir Andrew Agnew to the Laird of Barnbarroch, 24th June 1592, ....... 493 477. Extract from Act of Parliament in favour of the Laird of Barn- barroch and Mr Peter Young, 1592, .... 494 478. Letter from (Crichton of) Larg to the Laird of Barnbarroch, with Memorandum and Receipt, 30th September 1592, . . 496 479. Letter from John Kennedy of Baltersan to the same, 10th October 1592, 497 480. Letter from the same to the same, 7th March (?), . . . 493 481. Letter from the same to the same, 13th July (?), . . . 499 482. Letter from to the same, 4th November 1592, . . 500 483. Letter from Patrick Blane, Provost of Wigtown, to the same, 17th December 1592, ....... 501 484. Letter from Margaret Lyon, Lady Hamilton, to the same, 4th March 1592-3, ....... 502 CONTENTS. xxi 485. Contract of Marriage between John Shaw of Sornbeg and Elizabeth, Daughter of Sir Patrick Waus, 15th March 1592-3, . . 502 486. Letter from the King to the Laird of Barnbarroch, 1st June 1593, . 605 487. Appointment of Sir Patrick Waus on the Commission anent the Cuuyie, 1693, ....... 505 488. Appointment of the same on the Commission anent the Ministers' Stipends, 1593, ....... 506 489. Extract from Act of Parliament anent new lufeftments, with Right of Patronage, reserving to Sir Patrick Waus the Patronage of the Kirks of Kirkinner, Kirkcowan, Commonell, and Wigtown, 1693, .506 490. Receipt by William Gordon of Craiglaw to his " Guidmother, " Lady Barnbarroch, for 1380 merks, in part payment of £1000 of Tocher, 28th May 1593, ...... 507 491. Letter from William M'Clellane of Auchleiu to the Laird of Barn- barroch, 23d August 1593, ..... 508 492. Acquittance by John Young, Minister of Longcastle, for the Teinds of the Parsonage and Vicarage of Longcastle, 23d October 1593, 509 493. Letter from Margaret Lyon, Lady. Hamilton, to the Laird of Barn- barroch, 4th March 1593-4, .... 510 494. Letter from Alexander Gordon of Balcray to the same, 22d June 1593 511 495. Letter from Thomas M'Clelland of Bomby to the same, 1593, . 512 496. Letter from an Agent in Kirkcudbright about the sale of Etoun, and including " Pit and Gallows " in the charter, to the same, 23d October 1593, ...... 612 497. Letter from Thomas M'Clelland of Bomby to the same, 28d October 1593, ....... 513 498. Letter from Mr William Turner, Commissaj-y, to the same. [Holograph.] 1593, . . . . . .514 499. Letter from the King to the same, 3d August 1594, . . 514 600. Contract of Marriage between William Houstoun of Cottreoch and Katherine Waus, daughter to Sir Patrick Waus, 28th August 1594, . 515 501. Letter from James Makcartney to the Laird of Barnbarroch, 5th August 1595, ....... 518 502. Letter from James Muir, Bailie of Mochrum, to the same. [Holo- graph.] 9th December 1595, ..... 520 503. Order by the King to attend the Trial of the Lairds of Dunipace, Airth, and others, for the slaughter of David Forrester, 19th December 1595, ....... 521 504. Contract to end the Feud between William, Lord Herries, and Sir John Gordon of Lochinvar, 1595, .... 521 505. Letter from Thomas Kennedy of Bargany to the Laird of Barnbar- roch, 11th January 1595-6, ..... 523 506. Resolution for the Laird of Barnbarroch in the matter of Lybreck, 19th February 1596-6, ...... 525 XXii CONTENTS. PAOE 507. Receipt by Alexander M'Kie of two Reversions on Balsier, 28tli March 1596, ....••• 526 508. Letter from William Dunbar to the Laird of Barnbarroch. [Holo- graph.] 12th May 1696, 526 509. Receipt for a year's rent of a house in Edinburgh, 14th July 1596, .....•■■ 528 510. Letter from David Murray of Broug"hton to the Laird of Barnbar- roch. [Holograph.] 20th July 1596, . . . .528 511. Certificate by Lochinvar of the death of James Gordon, 20th November 1596, ....... 529 512. Letter from the King to the Laird of Barnbarroch, 29th November 1596, . . . . . . . .530 513. Letter from John Baillie in Arbrok to the same, 22d December 1596, ........ 530 514. Letter from Sir Andrew Melvill to the same. [Holograph.] 9th March 1596-7, ....... 532 515. Summons by the King to attend him op an expedition to the Border, 13th March 1596-7, ...... 532 516. Contract between Sir Patrick Waus of Barnbarroch and his eldest son Sir John "Waus of LongcaStle, 8th May 1597, . . 633 517. Letter from Thomas M'Culloch of Torhouse to the Laird of Barn- barroch (undated), ...... 535 518. Letter from Patrick Heron, MinnigafF, to the same (undated), . 536 519. Letter from Sir Robert Melvill to the same (undated), . . 536 520. Letter from the Laird of Larg to the same (undated), . . 537 521. Letter from Sir Patrick Agnew, Sheriff of Wigtown, to the same (undated), ....... 538 522. Letter from John M'Dowall of Freugh to the same. [Holograph.] Undated, ........ 539 523. Letter from David Murraj' of Broughton to the same (undated), . 541 524. Letter from Robert (nameillegible) to the same (undated), . . 541 525. Letter signed " Yowng Dalbeattie " to the same (undated), . . 542 526. Letter from Ninian Adair of Kinhilt, younger, to the same (un- dated), ........ 543 527. Part of a letter (unsigned) to the same (undated), . . . 544 528. Letter from Archibald Muir to the same (undated), . . . 545 529. Letter by three Tenants of the Lands of Lybreck to their Landlord, probably Sir Patrick Waus (undated), .... 546 630. Letter signed " Glenlus " to the same (undated), . . . 547 631. Last Will and Testament of Sir Patrick Waus of Barnbarroch, 1st May 1595 and 25th September 1597, . . . .547 Appendix, . 551 Index, . . . . . . . , .567 Index to Appendix, ...... sgg TABLE OF FAC-SIMILES OF SIGNATUEES. NO. DATE. 1 23d March 1559, 13th Sept. 1565, 4th June 1569, 30th April 1571, — Oct. 1556, 12thAprill665, 23d AprU 1569, 5th AprU 1572, 7th Jan. 1575-6, 20th AprU 1582, 14th Oct. 1585, 22d Feb. 1689-90, 3d July 1549, 20th Aug. , 16th July 1574, 6th Aug. 1582, 20th Aug. 1568, 7th Oct. 1558, 28th June 1559, 9th May 1587, 1684, 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 1 Archibald, fifth Earl of Argyle. ' Archbishop of St Andrews, 7th March 1689, 27th Oct. 1569, 24th April 1588, 17th Mar. 1586-7, 26th Oct. 1584, 7th Feb. 1569, 20th AprU 1580, 13th May 1584, 10th Sept. 1591, 22d Feb. 1569-70, Franciscus, Maria. Queen Mary and King of France. Marie R., Henry R. Queen Mary and Darnley. Marie R. Mary Queen of Scots. You r veri good frynd Marie R. Same as the above . Marie R. Mary of Guise, Regent. James Stewart. Earl of Moray. James Regent. Earl of Moray. Jhon Regent. Earl of Mar. James Regent. Earl of Morton. James R. James VI., aged 16. James R. James VI., aged 19. James R. James VI., aged 23. James G. The Regent Arran. James Hamilton. Regent, Earl of Arran, Duke of Chatelherault. Ruthven. William Lord Ruthven. Gowrie. The same as the above. Jhon L. Glammiss. John Lord Glamis. Caissillis. Gilbert, third Earl of Cassillis. CassUlis. GUbert, fourth Earl of Cassillis. Dame Kathrein Kennedy. Lady Barnbarroch. Thomas tutor of OassUIis. Sir Thomas Kennedy. Culzeane. Sir Thomas Kennedy. W. Maitland. Maitland, Younger of Lethington. Jhon Maitland. | Sir John Maitland of Thirle- Thirlstane. / stane, Chancellor. Bothwell. Francis, Earl of Bothwell. Ar. Argyll,^ Arbrothe,^ Sanct Andros,^ R. Boyd,* Flemyng.s Annas Keyth. Countess of Argyle, and widow of Regent Moray. C. Ergyll. Colin, sixth Earl of Argyle. Ar. Ergyll. Archibald, seventh Earl of Argyle. Lochinwer. Sir John Gordon of Lochinvar. " Lord John Hamilton, Abbot of Arbroath. ^ Robert Lord Boyd. -^ James Lord Fleming. XXIV TABLE OF FAC-SIMILES OF SIGNATURES. 25th June 1576, ISth Sept. 1558, 15th Oct. 1572, 9th April , 3d March 1581-2, 23dJunel580, 11th Deo. 1586, 3d March 1581-2, 12th July 1584, 6th March 1586-7, 29th June 1590, 10th Dec. 1578, 5th Feb. 1582-3, 20th June 1580, 10th June 1584, 16th Oct. , 26th July 1575, I5thMar. 1585-6, 1594, 13th Aug. 1574, 8th Jan. 1589, 3d April 1590, 3d May 1590, 10th July 1584, 5th Jan. 1590-1, 18th Mar. 1586-7, 30th April 1687, 29th March 1588, 6th July 1589, 1st Jan. 1589-90, 13th May , l Before 1547, | 10th Aug. 1568, 12th Nov. 1577, — May 1597, ErroU. Earl of Erroll. James Thornton. John Steuard of Mynto. Sir John Stewart. Eobert commendator of "Whithorn. Son of James V., afterwards Earl of Orkney. Orknay. Same as the above. Bargany. Thomas Kennedy of Bargany. Murray. Earl of Murray, known as the " Bonny Earl." James Stewart. Lord Doune, father of the above. Montroiss. Earl of Montrose. J. Hamilton. Lord John Hamilton, first Marquis of Hamilton. Margaret Lyonn. Wife of the above, widow of the fourth Earl of Cassillis, and daughter of Lord Glamis. Thomas Lyon of Badowkey. The Master of Glamis. Garleis. Alexander Stewart, Laird of Garlies. Bomby. Sir Thomas M'Clellan of Bomby. Blantyre. Walter Stewart, Prior of Blantyre, son of the Laird of Minto. Glenlus. The Abbot of Glenluce. Jhon L. Maxwell. Lord Maxwell. Mortonne. Earl of Morton. Same as the above. Herys. William Lord Herries. Huntlye. George, fifth Earl of Huntly. Huntlye. George, sixth Earl of Huntly. Lynclouden. Robert Douglas, Provost of Lincluden. A. Meluil. Sir Andrew Melville of Garwoch. S. Robert MeluUl. Sir Robert Melville. R. Lord Setoun. Robert Lord Seton. P. Young. Mr Peter Young of Seton. J. L. ogilvy. Lord Ogilvy. Barnbarrath. Andro Agnew, Sheriff of Wigtown. James 1 lyndsay. James Lord Lindsay. J. Drumlangrig. Sir James Douglas of Drum- lanrig. Robert [illegible]. Patrick Yaus, Patricius Yauss, rector de Wig- toun. Mr Patrick Waus of Carscrev. Barnbarrath. Sir Patrick Waus of Barnbarroch. INTEODUCTIOK The following collection of papers consists principally of private letters addressed to Sir Patrick Waus of Barnbarroch, during the period from about the middle till the end of the sixteenth century. Some of them (twenty-six in number) have already been published in the Miscellany of the Maitland Club (Part ii., p. 253), and they will be found in this volume at their respective dates. During the greater part of that time Sir Patrick was engaged in public business, but he was not so absorbed in politics or in his duties as a Judge, a member of the Privy Council, a Lord of the Articles, and an Ambassador, as to be neglectful of his own affairs, and he acquired a con- siderable estate in land in addition to that which he inherited. Many interesting letters will be found on this subject, especially as to the purchase of land belonging to the Priory of Whithorn. In editing these papers I am unwilling to dwell upon genealogy, still it is necessary to -state briefly the family and the circumstances in which this ancestor was born. The sur- name Vans, Vauss, Waus, or Wauss — for it is found in all these forms — is invariably de Vallibus in the Latin charters, and is the same as Vaux, which is one of the first surnames that ap- pears in England after the Norman Conquest. One of that family came to Scotland in the time of King David I. ; and in the reign of his grandson and successor, Malcolm IV., Philip de Vallibus is named in history, and soon after we find the family of Vallibus or Vans proprietors of the lands and barony of XXvi INTRODUCTION. Dirleton in East Lothian.^ The last of this family, Willielmus de Vaus, whose eldest son had predeceased him in 1358, died in 1392,2 leaving two granddaughters co-heiresses. The elder married Sir John Haliburton,^ who became Lord of Dirleton, and quartered the Vaus arms, and whose family ended in three daughters — Janet, married to WiUiam Lord Euthven ; Mariota, to George, fourth Lord Home ; and Margaret, to George Ker of Faudonside, all of whom quartered the arms of Vaus.' A younger son of the above Willielmus, Alexander Vaus, was possessed of church livings in Galloway as early as the year 1381, and was consecrated Bishop of that diocese, a.d. 1420.* He was of the family of Vaus or Vauss of Barnbarroch still extant in the County of Wigtown. Another son, or perhaps a nephew, settled in Galloway, where he is said to have married an heiress about the year 1384, and obtained the lands of Barnbarroch, which he held under the Douglases, who were at that time Lords of Galloway, and to whom he was allied ; Willielmus (whose son or nephew he is supposed to have been) having married Catherine Douglas. This was Johannes de Vallibus or Vaus, the first of the name at Barnbarroch. In confirmation of the family records the following may be quoted from an old book, entitled " Histoire des Malheures de la France sous le Eoi Jean," published at Paris chez Barde 1611. At p. 103, vol. ii., is this passage, "Dans ce temps la Le Comte de Douglas, et son Frfere Arehimbald, Seigneur de Gal- lovay, venoient avec 3000 Ecossais au secours du Eoi. lis firent bon service k la bataille de Poictiers (a.d. 1356), ou ils perirent presque tous. Des Hommes de Marque portant Ban- ni^re furent tuds Andre Stevard, tres jeune, mais tr^s brave ; Eobert Gordone, Chevalier d'une grande famille ; Andre Hali- ' Nisbet's Heraldry, 1816, App., p. 248. ^ Caledonia, vol. ii., p. 410. s Nisbet. ^ Family Recorda, and Keith's Catalogue of the Bishops of Scotland. INTRODUCTION. XXvil burtone, Homme de coeur et de TSte ; et Andre Vaus de Gal- lovay, le Frfere d'armes du Seigneur Archimbald. Le Comte echappa, mais Archimbald fut pris." From this John Vaus of 1384 the family has continued in the male line in unbroken descent, and in possession of the same lands of Barnbarroch to the present time. In the fifth generation from him the representative of the family was Patrick Vaus, who, while yet a minor, succeeded to the estate in 1482. He married Margaret, daughter of John, second Lord Kennedy. His son John succeeded him in 1528, and married the daughter of Sir Simon M'Culloch of Myretoun, whose wife was a Gordon of Lochinvar. They had two sons, Alexander, who left an only daughter and Patrick, whose life, as can be learned from his papers, now first printed in a collected form, was an active and busy one. It has not been possible to fix exactly the date of his birth, or of the marriage of his parents, but his father was killed at the battle of Pinkie in 1547, and he had been writing letters to him from school, so that he must have been in his teens before that date. He was appointed Parson of Wigtown, on the resignation of that benefice in his favour by Sir John Vaus, chaplain, on 15th August 1545. On the 10th February 1546-7, Patricius Vaus, Eector of Wigtown, appointed pro- curators to act for him, and in 1549 he obtained leave to go to Paris to study. His passport describes him as Parson of Wig- town, which supports the inference that he was travelling in- dependently, so it seems probable that he was born about the year 1530. Being a younger son he was intended for the Church, in which other younger sons of his family in previous generations had held considerable preferment. He was sent to a school at Musselburgh, at which a brother and a foster brother of his father were at the same time. In one of his schoolboy letters, giving an account of how his money had been spent (p. 3), we find between the entries for a New Testament and " ane sam buck " (psalm book), and those for a Caesar and a xxviii INTEODUCTION. Sallust, the entry " item mair 28s. for ane silva." This was the name which the celebrated George Buchanan gave to the satirical treatise he wrote against the Franciscans at the desire of King James V. The enmity it raised against him in Cardinal Beaton and the authorities of the Eoman Catholic Church was so great, that he had to leave Scotland, and did not return tUl 1560, after an absence (as he himself has told us) of twenty- four years. The SHva, therefore, was probably written in or about 1536, and it shows considerable latitude in the education of this young man, intended for the priesthood, that he was allowed to have a copy of the New Testament, and to read Buchanan's Silva. We find also that, besides the ordinary teaching of the school, he learned music, and he writes for money to buy bows and arrows, as a modern schoolboy would for cricket bats or rackets. Two years after his father's death he went to Paris to con- tinue his studies ; his licence to go, dated 3d July 1549, is from James Gubernator (the Eegent Arran), and calls him " our lovite clerk Patrick Vauss." In 1550 he seems to have acquired the Parsonage of Douglas on its resignation in his favour by Mr Walter Kennedy. For the next four years we have no trace of him, but in 1554 he had a grant of the marriage of the three daughters of " umquhile John Waus of Lochslyn," and in 1556 he obtained a gift of £100 yearly, both of these from the Dowager Queen Mary. We find him again, or still, in Paris in March and June 1558, and he was probably still there when he was written to oij 7th October or November of that year by his cousin Gilbert, third Earl of CassiUis, who had been sent from Scotland to be present at the Queen's marriage, and who died at Dieppe on 28th November, it is said, not without suspicion, of poison. But in this letter, written a few weeks before his death, the Earl says he is suffering from fever, and growing very weak. In a French passport, dated 27th February 1558-9, he is INTRODUCTION. XXIX styled Parson of Wigtown and First Almoner to the Queen. In June of that year (1559) he received an acknowledgment from Gilbert, fourth Earl of Cassillis, that he had advanced £200 to him and his father, and on the 23d March following he obtained from the King and Queen (Franciscus and Maria) a grant of a pension of £100 a year from the Abbey of Glenluce. After this he went to Eome, and there, on his petition to the Pope, his taking holy orders for the space of five years was dis- pensed with, that he might apply himself to study ; during which time he was not to be promoted from sub-diaconate, and was not to be compelled by authority of any ordinary, and in the meantime his rectory of Wigtown was not to be accounted as vacant. There is evidence that he left Eome on the 12th May 1560, and he was then styled the Eight Venerable by a clerical correspondent. He passed through Paris and returned to Scotland. In the following month Mary of Guise, the Queen Eegent, who had been unsuccessfully struggling against the Eeformation in Scotland, died, and in August the Assembly of Estates abolished the jurisdiction of the Pope, proscribed the celebration of Mass under pain of death, and approved of a Confession of Faith similar to what had been established in England by King Edward VI. At this time the religious opinions of the Parson of Wigtown underwent a great change, for though closely allied to many of the old CathoUc families, who still adhered to their old Faith, he left the Church of Eome, accepted the Eeformation, and in December of that year contracted a marriage with Elizabeth, daughter of Sir Hew Kennedy of Girvan Mains by Lady Janet Stewart, daughter of the second Earl of Athole. In passing it may be noted that this lady was four times married — first, to Alexander, Master of Sutherland; secondly, to Sir Hew Kennedy of Girvan Mains; thirdly, to Henry, Lord Methven; and, fourthly, to Patrick, Lord Euthven. She had children to all four XXX INTEODUCTION. husbands, and this accounts for Sir Patrick Waus being ad- dressed as brother by the wife of the Master of Ochiltree (who was a daughter of Lord Methven) and her husband, and by- William, fourth Lord Euthven, afterwards Earl of Gowrie, who was Sir Patrick's mother-in-law's stepson, and this shows the value put in those times on the ties of af&nity. We next iind him purchasing the lands of Artfield from his kinsman Lord Cassillis in 1562, and then he is designated as of Cascrew, which was his residence until, by his elder brother's death in 1568 without male heirs, he succeeded to the estate of Barnbarroeh. This elder brother had been twice married — first, to Lady Janet, daughter of Gilbert, second Earl of Cassillis, and widow of the Laird of Preugh, who died on the 8th June 1556, and by whom he left an only daughter Helen, born in 1577 j and secondly, in 1566, to Euphemia, daughter of Sir John Dunbar of Mochrum. This Helen, after the death of her father, to whose personal property she was heir, was living with her uncle at his house of Cascrew, which, with a considerable district of adjoining land, he rented from the Earl of Cassillis. The gift of her marriage had been granted by the Eegent in the King's name to Sir John Bellenden of AuchnouU, the Justice- Clerk, and this was probably a family arrangement, because he, having married another daughter of Sir Hew Kennedy, was brother-in-law to her uncle and guardian. Still, on 7th Septem- ber 1568, when she was only eleven years of age. Sir John formally and in legal form desired her to marry one of four eldest sons of gentlemen in the county, her equals in "leving and bluyd." " The quhilk personis the said Helene refusit to tak ony of thaym in mariage." Upon which Sir John's agent pro- tested and claimed in his name the double and triple of her marriage. It was no wonder that the poor child refused to be so much married, for before this time, viz., on the 31st July 1568, in the absence of her uncle and protector, his house of Cascrew had been attacked and stormed by Sir Archibald INTRODUCTION. XXxi M'Kie of Myretoun, and others of his family and servants ; Helen was forcibly carried off and married to Sir Archibald's son Alexander, for which the whole parties were denounced as rebels and put to the horn. It is, however, satisfactory to find from the correspondence that she seems to have been well used by her husband, who made his apologies to her uncle, and that all was amicably settled. She received her fortune in due time, and her husband writes to her uncle as his father, which seems to indicate that there was a complete reconciliation. She was still living in 1597, but is named in 1601 as having died before that date. The M'Kies, however, must have been a turbulent family, for they were all put to the horn for deforcing an officer in 1576. After Sir Patrick's return to Scotland in 1560, the manage- ment of the estates of the Earl of Cassillis, who was then all powerful in the west country, seems to have been in his hands. There is extant an account of his intromissions with the Cassillis revenues, dated in 1566, and there is also among his papers a " Kent roll of the Baillerie of Carrick." It will be seen, too, in the correspondence (p. 60) that when the Earl was compro- mised and forfeited for the part he had taken at the battle of Langside, it was to the Laird of Barnbarroch that Lord Glamis wrote in the interest of the family and friends. After the death of his brother-in-law, the fourth Earl, in December 1576, he seems to have colitinued to advise the tutors of Cassillis; and on 12th July 1584, the King specially gave him the charge of the young Earl, then about sixteen years old, desiring him to retain him in his custody, and not to allow him "to depart furth of the same " to any person whatever (p. 294). The widow of the late Earl had married John, Lord Hamilton, who at this date was attainted and banished, and this probably accounts for the wish of the King (or rather of his advisers, for he was barely eighteen) to keep within reach the head of so powerful a family. Soon after Mr Patrick Waus' succession to Barnbarroch, viz., xxxii INTKODUCTION. in February and March 1569-70, he was applied to by the leaders both of the infant King's and of the Queen's party, which were really (with a liberal allowance for personal feelings and ambitions) the Protestant and Catholic parties, to attend meetings of the nobility to consult on the affairs of the nation, and from this time he seems to have taken an active part in public life. His first wife died in 1572, leaving several daughters, but no son, and in the following year he married Dame Catherine, daughter of Gilbert, third Earl of CassiUis, by Margaret, daughter of Kennedy of Bargany. Some of this lady's letters have been preserved, and show much aptitude for business. On the 18th January 1575-6, " Our weilbelouit Maister Patrik Wauss of Barnbarroch, persoun of Wigtoun" was nominated by the Eegent (Morton) to be one of the Senators of the College of Justice (i.e., a judge), as an ecclesiastical person, and he passed Advocate on the same day. In 1582 or 1583 he received the honour of knighthood, but his letters were much more frequently addressed to him as Laird of Barnbarroch than as Sir Patrick Waus. In the year 1586 Ambassadors from Denmark had been at the Court of Scotland to treat about the marriage of James VI., then aged twenty, to one of the daughters of the King of Denmark, and about the Danish claim to Orkney. Early in the following year it was decided to send an Embassy to Denmark, and Sir Patrick Waus, who had been admitted as a member of the Privy Council on 21st April, and Mr Peter Young of Seton, the King's ex-preceptor, were chosen for this duty. A embargo was immediately laid on all ships in the ports in the kingdom till the Ambassadors had selected one ; this they soon did, and the amount paid for freight (the receipt for which is extant) was £1000 Scots. Before sailing the Ambassadors and their suite received directions as to the mourning they were to wear for the unfortunate Queen Mary, whose execution had taken place in the previous month of February. At last, after INTRODUCTION. Xxxiii much delay, they set sail on 31st May 1587, as we are informed in a journal kept by Sir Patrick of his voyage and reception at the Danish Court. In the following month an order was sent after them to send home to Scotland any ships they might find in foreign ports freighted with victual {i.e., corn) on account of the prevailing dearth, and to take note of the masters and owners of all such vessels, that they might be punished on their return in case they should disobey. The Ambassadors were again in Scotland before the 18th August 1587, and on 11th October, on their reporting their pro- ceedings to the Council, the King with the advice of his Council declared that they had " trewlie, honnestlie, and diligentlie per- formed and dischargeit the charge and devoir committit to their credite," and he " exonerit thame thairof." And acts of bounty to both in recognition of their services were passed by the Parliament at the same time. Besides these, on the 28th April in this year, the King had given to Sir Patrick's eldest son (afterwards Sir John Waus) the gift of his own marriage as part payment of his father's expenses in going to Denmark, and had also appointed him Commendator of the Abbey of Crossraguel for his life. It seems to have been intended that Sir Patrick should have returned to Denmark in the following year, for in April the Chancellor Maitland wrote to , him " to travell be quhat means ye can best for the provisioun of sylver," and to deal for a ship, and make his other necessary preparations ; and on 19th June Mr Peter Young, his colleague of the previous year, wrote to him expressing his fear that " the sylver was ordanit for the jorney has been imployit to serve the maist haist." However, " Crowner Stewart" was sent later in the year, and in the postscript to a letter, dated 4th October 1588, Mr John Eussell, who afterwards took a leading part in the reception of the King and Queen, writes "as for newis the crownar (i.e., Coronel Stewart) is passed to Denmark in commissioune." XXxiv INTRODUCTION. The King's marriage with the Princess Anne was now arranged, and in the following summer (1589) an Embassy, headed by the Earl Marischal, was sent to Denmark ; the marriage was solemnised by proxy, and the young Queen was expected to arrive escorted by the Danish ileet about the end of August. On the 30th of that month the King summoned his Court and CouncU to attend him at Holyrood House, because the Queen was hourly expected, and he made elaborate preparations for her reception. It happened, however, that her fleet suffered so much in a gale that it was considered unsafe for her to make the voyage that year, and she was stormstaid at Upslo in Norway. The King upon this ordered Sir Patrick, amongst others, to attend him "with all diligence, all excuses set apairt, the occasioun ye sail knaw at your cuming," and he took him with him in his romantic voyage to claim his bride in Norway in the following month. The King's marriage took place at Upslo on the 23d November 1589, and Sir Patrick returned to Scotland in December, and he. was named as one of those who were to receive and entertain a part of the Queen's Danish suite in Lady Gowrie's house, when they accompanied their Majesties to Scot- land in May 1590; and his share of a common contribution of certain noblemen and barons to meet the expense (which seems to have been voluntary) was £200. On the 12th October 1591, he got himself served heir to George "Waus, Bishop of "Whithorn, his gudsire's brother, who died in 1570. This gudsire succeeded in 1482, therefore at that date his father, and the bishop's, was dead, and this bishop George must have lived for nearly ninety years. He was Prior of "Whithorn, and may have been a bishop in partihus infideliuni, but the Priory of "Whithorn was included in the Diocese of Gal- loway, and he was not bishop of that see. The name of Sir Patrick Waus is the first which appears in the records of Parliament as having represented his native INTRODUCTION. XXXV country, viz., in 1593 and 1594, and he was then appointed to serve on a commission about the coinage, and on another about ministers' stipends. He died in 1597, leaving a will, which concludes his personal history. In that he names three sons, who survived him, and states that he had four daughters unprovided for {i.e., by mar- riage). As there are still existing the marriage-contracts of six of his daughters, and a receipt for tocher for another, it follows that he had eleven of them. He ordained his " said dochtyrris to mare" (marry), but not without the consent of their mother, their eldest brother, and their uncle the Laird of Culzeane, who were his executors. Having thus given a brief account of the life and career of Sir Patrick Waus, I venture to add a few remarks on the letters themselves, and the state of society in Scotland at the time when they were written, as illustrated by them. After some doubts I have thought it better to give the col- lection entire than to print extracts from it ; I have not sup- pressed a single passage, and although in that age the language used was somewhat coarse according to modern ideas, I am able to say to the credit of Scottish society of the period that I have not had occasion to alter or omit one word from beginning • to end. I am quite alive to the objection that many of the letters are of no intrinsic interest in themselves, but they give glimpses of the objects that occupied the attention of a public man three hundred years ago, and tend to fill up the necessarily imperfect picture of his life and times which such partial records can give us. Besides, irrespective of the subject-matter, they are examples of the form of expression in use, and the epistolary style of the period. It is somewhat startling to find a clerical correspondent beginning a letter with the words "Guid persOun" (p. 21) (Parson), meaning, as we should say. Dear so and so, or literally Dear Rector ; or to find that "fiftye sowmes of all kynd of gudes " (p. 519), means fifty head of cattle of various sorts. xxxvi INTRODUCTION. In the few cases where the correspondent expresses dissatisfac- tion, I would ask my readers to remember that there are two sides to every question, and that only one is presented to them. It is to be regretted that so little of Sir Patrick's own writing is extant ; nothing but a few letters to his wife, a few drafts of letters, and the fragment of his journal when on his embassy to Denmark, but that is unavoidable in the reproduction of papers sent to him. A considerable number of the letters were not dated, and though in some there is sufficient internal evidence to fix their order in the series, still the position given to many is little more than conjecture. I have, in all cases, retained the spelling and form of the original, merely filling up the contrac- tions, and adding punctuation. There does not seem to have been any standard of spelling at the date these letters were written ; even Sir Patrick, who received as good an education as could then be given, and spelt fairly for the times when he was at school, exercised his own discretion in that respect most freely in his later years, spelling the same word differently in the same page, and even in the same line. The greater part of the letters were written by professional scribes, and many seem to have been signed by them. Where they appear to be holograph I have noted it, because as the spelling at that date was to a considerable extent phonetic, it gives an idea of the pro- nunciation prevalent in the society in which the writers moved. For instance, the[name Euthven, which in Scotland is pronounced as if it were written Eiven, is spelt Eyffane at page 408. The use of capital letters in writing was then very limited, with the exception of I and J, which were generally used in any part of a sentence for words having these initial letters, and sometimes even in the middle of a word. L at the beginning of a word is also sometimes used in the same way. I may also remind my readers that the letters u, v, and w are almost interchangeable, and where any one of these letters is used in the old writings, the pro- bability is, that one of the others would be used in modern times. INTRODUCTION. XXX vii Besides what is strictly correspondence, some other papers have been given which throw light, either on the life of Sir Patrick Waus, or illustrate the manners and customs of the age ; and in drawing attention to these I must ask for the indulgence of those who are versed in the history and antiquities of the time, if what I state is familiar to them. The insecurity of life and property, consequent on the prevail- ing lawlessness and want of any sufficient central or paramount authority, is very evident. For mutual protection the land- holders were allied together according to families, districts, or other circumstances ; the more powerful chiefs being bound to protect their friends in return for service rendered to them ; and the country was covered with these small leagues or " bands," which were constantly at feud with each other. At page 16 there is an exemption for the Earl of Cassillis and his whole kin, friends, and servants, from the jurisdiction of the Sheriff of Wigtown. The sheriff. Sir Patrick Agnew of Lochnaw, was the representative of the royal authority, but he being at feud with the Earl of Cassillis and his friends, the Eegent says that he and his deputies would not be competent judges in any action concerning them. Land was held on condition of giving military service to the superior ; but a tenant could also ally himself to another chief, an example of which will be found (p. 29) in a bond of manrent between Hary Harthorne, who was a kindly tenant of the Priory of Whithorn, and the Laird of Barnbarroch, in which the former binds himself " to ride and gang " with the laird on all his lawful causes and actions, and to serve him, the Queen and the Prior of Whithorn being excepted. And in a bond of kindness (or maintenance) between Barnbarroch and Adair younger of Kinhilt (p. 244), they mutually bind them- selves each to supply and defend the other in all actions, causes, and quarrels, within and without the law; they both except the King, and the former also excepts the Earl of Cassillis, to whose house he was allied. XXXVlll INTRODUCTION. That every man who thought himself strong enough to do so should take the law into his own hands, was the natural consequence of the weakness of the Government. There was a dispute about the possession of the Castle of Cruggleton between Lord Fleming and Lord Eobert Stewart, Commendator of Whithorn, and the plea was before the Civil Courts ; yet Lord Fleming was besieging the Castle in 1569, and the Eegent Moray writes to Barnbarroch (p. 61) to muster all the force he can, and raise the siege and relieve his brother Lord Eobert. Some high-handed acts by the Earl of Cassillis are alluded to. He roasted Allan Stewart, Abbot of Crossraguel, nearly to death in 1570, in order to make him sign a lease of all the Abbey lands in his favour ; and the Abbot having refused to do this till he was so burned that he was lamed for Kfe, Cassillis expressed his regret, not at having tortured him, but at his having been so obstinate. He was imprisoned for this on the complaint of the Abbot, to whom he was obliged to make compensation, but in a letter on this subject (p. 76) he coolly speaks of it as " the business quhilk is betwixt us." On another occasion he broke into the house of, and. imprisoned, one of his own vassals (Corrie of Kelwood) to make him give up a gold coin which he had bought from the person who had found it. It is not surprising that " the Laird of Kelwood gxew cummir- sum, and spoke proud words, tiU they that were with him might scarcely suffer him, and it had almost grown till evil among them," as Lady Cassillis, who saw nothing wrong in her son's action, wrote to the Laird of Barnbarroch (p. 115). Lochinvar was another powerful chief, and he, in wrathful haste, sum- moned aU his friends to revenge an injury to a follower (p. 228), and Sir James Douglas of Drumlanrig, with other Douglases and Border men, rescued a number of prisoners, whom the Warden of the West March, then Johnston of that Ilk, had con- fined in the house of Bonshaw (p. 297). There were standing feuds, in which those who were bound to each other had to INTRODUCTION. XXxix assist each other " in the law and by (against) the law," and this rendered it dangerous for any one to move into an un- friendly district (p. 423), or indeed to move at all, except with an escort or in sufScient numbers. It is a relief to find evidence of attempts to obviate .this great inconvenience, and lessen the risk of bloodshed. Kennedy of Bargany, who is much praised by the author of the " Historie of the Kennedys " as a most prudent and wise man, writes a very sensible and judicious letter in July 1576 (p. 125) to prevent a meeting between the Kennedies and Crawfords when the blood feud between them was at its height ; and even the fiery Lochinvar has written letters (pp. 65, 210, 229), with the object of settling quarrels peaceably. Sometimes this was brought about by a conference of the friends of both parties, when it was decided what repara- tion should be made by either, or often by both ; and sometimes by a submission by both to an arbiter. An example of this is given at p. 480, by which two of the local gentry were " bound, obleist, and sworne " to " abide, fulfil, and underly," the decreet arbitral to be pronounced by William M'CuIloch of Myrtoun, and they seem to have signed the page on which it was to be written when it was still blank. Following the precedent of the Homage (as it was called) offered by Lords John and Claud Hamilton to the Earl of Angus at Holyrood in 1575, the aggressor was to present his sword by the point to the injured person, and to " crave forgiveness ; " but in this case he was in addition to appear without his shoes. The chiefs sometimes negotiated an arrangement to settle feuds between their respec- tive followers, in which they ordered them to accept the com- pensation agreed upon, and if they refused to do so, " discharged themselves of all further friendship or good will " to them ; that is, would no longer sustain or defend them. An agreement of this nature between William Lord Herries and Sir John Gordon of Lochinvar will be found at p. 521. It was not always that the too common homicides and maim- xl INTRODUCTION. ings were left to the wild justice of revenge. On complaint to the Government a day of law or assize was fixed, when the complainer and the accused were ordered to appear. The custom then was that each should summon his friends to accompany him with as many well-armed followers as they could bring. When the Earl of Cassillis, in March 1 570, was going to Edin- burgh to prosecute those who were suspected, and (he adds) also known to be "guilty of the unhonest slaughter of his special friend and servant Uchtred M'Dowall," he summoned his friends to go with him, and adds, significantly, that he thinks it " meittesfc that every man have his jack " (p. 69) ; and, in 1575, during his feud with the Crawfords of Kers, he summons his allies most ear- nestly, and says, that he believes there is no honest friend that rightly regards his honour and duty who will refuse to keep the day. Two years before this, Ahannay, the Laird of Sorbie, had summoned John Dunbar, a cousin of Sir John Dunbar of Moch- rum, to underly the law for the slaughter of Patrick Hannay, he " being then at the King's horn (i.e., outlawed) for the mutilation of the said John." Mochrum finds it necessary to travel to Edin- burgh (150 mUes), with all the force he can take, and asks his neighbour and kinsman Barnbarroch to accompany him with his servants (p. 85). Even after Sir Patrick Waus was a judge, he re- ceived similar requests, notably one in October 1684 from Francis, Earl of Both well (p. 307), who had also written one to the Laird of Garlics. The latter writes that it is a request he cannot possibly refuse, and suggests to the judge that they shall ride together, taking it as a matter of course that he will go. As an inducement Bothwell writes to him that he will not spare to hazard his life for him whenever a like occasion shall be offered. The occasion in his case was what he called "the slaughter of umquhile David Home." Both of them, Bothwell and Home, had been bound over under heavy penalties to keep the peace towards each other for a given period, which had expired. This was a common practice, and, at least, gave time for the interfer- ence of friends. INTRODUCTION. xli It was not only in criminal cases, and by the attendance of numerous and well-armed bodies of friends, that it was usual to attempt to influence the Courts of Law. The number of letters written by suitors in civil cases to ask that justice may be done in their favour, or to see that they or their friends "get na wrang," some from men and women in high position, which have been found in this one judge's papers, prove that it was the rule rather than the exception. Some of these are amusing. Lochinvar characterises an action which has been brought against him as "ungodlie and unreasonable" (p. 412), and a quaint and interesting letter from him in favour of the " fute chapmen " (i.e., foot pedlars) will be found at p. 414. Sir James Douglas of Drumlanrig (p. 442) wrote a long ex parte statement about a servant or tenant of his, at the end of which he prayed the judge to " hald hand to this poor man's cause when it comes in reasoning, and remember the same (i.e., his version of it), and see that he gets na wrang, but receives justice conform to the equity of his cause." Lord Argyle (p. 285) writes a peremptory request that in his " acues " (accuse, i.e., charge) he may have justice but (without) delay. Sir John Edmonstone (p. 317), writing to the judge, asks htm to " forder him to wprycht justec," and calls the suitor to whom he is opposed a thief and a traitor. Lord John Hamilton and his wife both write in favour of a suit of the Laird of Calderwood (p. 460). The former says, " because he (the Laird of C.) has been at all times so honest unto me, I am as earnest for it as if the action were my own, and yet I desire you to do nothing in that but what agrees with good conscience and honesty, and to decern the heritable right of the lands to pertain to the Laird of Calderwood." There are several letters from Lady Hamilton asking for favour (always according to equity and good conscience) for herself and her friends, but when another lady, the Lady Lochermoss, has raised an action against her and her tenants, she complains of her influencing the judges xlii INTEODUCTIONi by her tears. She says (p. 433) that she (Lady L.) is " sa heavily menit" (i.e., so much pitied or condoled with) "by the Lords for her inopportune crying, that they believe aU is true she says." Several correspondents write, that although the action is in other names, they are interested in the result. One says (p. 328), " the action properly belongs to myself," " the matter is mair to to my hinder than I can write." Another (p. 372) asks the judge to do to the suitor "no otherwise than if the action were my own." Montrose (p. 165) writes, " It is not unknown to your lordship how dear the said action is to me," and asks him to be thankful {i.e., thankworthy) in it, and to request others (presum- ably his colleagues on the bench) to the same effect. Lord Boyd (p. 177) asks that a certain tack may not be reduced, for if it is " the greatest hurt will be his ; " Lord Huntly (p. 458), that he will be the forderer of his cousin's cause " as it were to myself, for so appertains the cause and is pertinent to me in all re- spects ; " Lord Seaton (p. 465), " that ye wiU be as careful as ye would be for my own action ; " Dunbar of Baldoon (p. 468), " that ye will do for me that matter as it were my own; " and Kennedy of Baltersan honestly says, if decreet of removing could be had this session, " it wald be grettumlie my weOl." I am afraid it must be admitted that if a suitor at that date had a friend on the bench it was " gxettumlie his weiU." ' The records of the Privy Council at that time are full of in- stances of people being called on to find caution, or of their being put in ward {i.e., prison) for a time. Hardly any one of note seems to have escaped, and it is a proof of the prudence and wisdom with which the Laird of Barnbarroch must have conducted himself in those troubled years, that there is no record of his having ever been called on either to enter into ward or to find caution. Of the writers of these letters many came to violent deaths. Mary Queen of Scots, the Eegent Morton, the Archbishop of St Andrews, the Earl of Gowrie, and the Master INTRODUCTION. ' xlili of Orkney died on the scaflPold, and William Maitland of Leth- ington escaped the same fate only by his sudden death, sus- pected to have been by his own hand. Amongst others, there were murdered the King Consort Darnley, the Eegent Moray, his son-in-law the bonny Earl Moray, and Sir Thomas Kennedy of Culzean; and killed in frays. Lord Glamis and Alexander Stewart, younger of Garlics, and those hereditary enemies Lord Maxwell and Johnston of that Ilk. If the men in the sixteenth century in Scotland carried their lives in their hands, the ladies also must have had a hard time of it. To be left widows at an early age, to have their sons killed, to have their houses stormed and burned, and to be turned out to find shelter where they could, were not uncommon occur- rences. If they succeeded to any land before marriage the King claimed the gift of their marriage, and this was given away by him to any one he pleased, who could sell it if he liked. The donator, as he was called, had the right of proposing what he considered suitable matches for his ward, and, whether she accepted or refused, he claimed a fine. An illustration of the state of society in this respect will be found (pp. 46-60) in the documents relative to the abduction and marriage of Helen Waus, Sir Patrick's niece, then only eleven years old. It ap- pears that his neigbours in the county were aware of the inten- tion to carry her off, and it is singular that no one seems to have objected on account of the tender age of the bride. Marriages then seem to have taken place at early ages. The bride of James VI. is said to have been only fifteen, and he was twenty-three, and the heirs in the higher families often married during their minorities. Some marriage-contracts are given in this work to show the kind of provision that was made for the young couples on starting in life. At pages 25, 186, 308, 485, 502, and 515 are the contracts of six of Sir Patrick's daughters, and it is interesting to see how they were provided for by a man of good family, holding high xliv INTEODUCTION. office, and in possession of a large landed estate. One of them, in March 1592-3, married a Shaw of Sornbeg, a landed pro- prietor, -who secured to her a jointure of 500 merks, or £333, 6s. 8d., and she had a tocher of 2000 merks, or £1333, 6s. 8d. Four of the others were married to the eldest sons and heirs of Galloway Lairds ; the eldest of these was betrothed in her infancy, before she was one year old, to the eldest son of Murray of Broughton, the marriage to be solemnised (solempnizat) with- in twenty-one years and three months afterwards ; and it seems that they were in no hurry to complete the " band of matrimony," for they were not married till within one month of the limit of time. This young lady had a tocher of 1500 merks, or £1000, and a jointure of 400 merks. Part of the next contract is miss- ing, and the amount of tocher is not known, but, as in the two following ones, it was 1000 merks, or £666, 13s. 4d., it may be conjectured that it was the same. In the first of these cases the bride is infeft in two four merk lands, which, on the usual scale, should have been worth 480 merks a year, and they were warranted to her to be worth sixty bolls of victual and twenty pounds of silver. This was her jointure. The next, who married a younger son, had sixteen bolls of meal and eight bolls of here (measure of Wigtown), and forty pounds secured to her ; and the next had 300 merks. The last, who was married in 1594 to the eldest son and heir of Houstoun of Cotreoch, had a jointure secured to her of half of a five merk land and 100 merks, equal to 250 merks a year ; and she and her husband were set up with a mansion-house, stock, etc., and in the occupation of a- five merk land, and secured in their succession to a £10 land at his father's death. The value of the jointure of the young lady who married the younger son was only about half as much as that of any of her sisters. In the very .carefully drawn contract of marriage between the Laird of Barnbarroch and Dame Catherine Kennedy, daughter of the Earl of Cassillis, he is to infeft her in lands amounting in all to twenty-one merk lands, with a good INTRODUCTION. xlv house, of which the tower, fortalice, and mansion-place, yards (gardens), and orchards- are named, and all the furniture, stock, and gear in and upon them was secured to her for life ; but he only warrants the lands to be worth 300 merks a year after all deductions. In four of these contracts it is stipulated that the young couple shall live with their parents, and at their expense for the first years of their wedded lives. In one case, the bride's father is to keep the couple in his house with two servants, bairns " gif ony beis '' (if there are any), and a nurse for one year, or till he has paid the tocher, and then the husband's father is to receive them -in his house ; and he is to give them one hundred merks yearly for their " abulzement of clayss '' (p. 25). In another it is provided that if the husband's father keeps the pair with their bairns, servants, and horses in meat and drink, he shall retain the profits of part of the land settled on them (p. 186). In another, the young couple are to have a farm, and they get to stock it 4 ploughing oxen, 60 sheep, 40 lambs, and 70 bolls of oats ; they are besides to have 20 boUs of oats and 6 bolls of here yearly, and the lady's father is to keep them for the first year, and the husband's father for the next two. In the last case, although they had a house and a five merk land with the oxen and seed upon it, the wife's father was to keep them for one year after the marriage, and if they preferred to remain in the country and not go with him to Edinburgh, he was to pay for" their board wherever they stayed. When a man on his marriage wished to secure his wife the possession of her jointure, it was usual for him to resign as much of his land as was necessary into the hands of his feudal superior, and to get a new charter of it granted to himself and to his wife in conjunct fee, and to the survivor, on which infeft- ment duly followed. The arrangement by which the widow of the previous Laird of Barnbarroch was paid her terce will be xlvi INTRODUCTION. found at pages 39-46. We cannot part from the ladies without some notice of dress and housekeeping ; and a letter, with an important postscript, from Lady Cassillis to her daughter (p. 192), telling her what stuffs to buy and how her dresses are to be made, is precise in its details. Still her order that some of her garments shall be lined with fur does not give one an idea of warm or comfortable rooms to live in. Several letters from Lady Barnbarroch to servants and others (pp. 346, 379, and 425) give minute instructions on various matters of housekeeping. In the old times, every baron (owner of a barony) had the right of pit and gallows, that is, of putting to death those whom he found guilty of theft or more serious crime, but at the end of the sixteenth century this privilege was dying out. Barnbar- roch, in getting the titles of the Barony of Etoun, seems to have claimed it, but the Laird of Bomby, the seller, writes in 1593 (p. 513), "Eeceive your charter, and as to include pit and gallows, I cannot, because I am not so infeft myself." Where the tenants had been on the land for several genera- tions, and they and their ancestors had been bound to follow their chief to the field, they were very lightly rented, and were called kindly tenants; their tenure was called kindness, and their farms kindly rooms; and they were very tenacious of them, and resisted any attempt at eviction. Kindness was thus a sort of tenant right and fixity of tenure following on feudal service and family attachment ; but it could be obtained by purchase, and there is here an instance in which the Laird of Barnbarroch bought up the kindness of a farm from the widow of the tenant (p. 98), this being a farm which he himself held under a lease from the Earl of CassHlis (p. 33), and there are other examples of the sale of kindly rooms. In other cases, however, legal proceedings seem to have been commonly taken to recover rent or to evict the tenant for non- payment. To this day, land in Scotland is described in charters as so INTKODUCTION. xlvii many pound, or merk, or even penny land. A five merk land means the extent of land whicli was rated at five merks as the King's maills, or land tax, collected by the King's ofacer. This seems to have been about If per cent, of the annual value, for we find the Laird of Bargany (p. 471) offering Sir John Seton £40 {i.e. sixty merks) for every merk land for the feu of a property he wishes to acquire. As to the prices of produce, if the Galloway boll was then what it is now, viz., 12 bushels, the price of oats was much the same as at present, allowing for the difference in the value of money ; that is, in 1577, for horse corn {i.e. light oats) 20s. the boll or Is. 8d. the bushel ; and victual or good grain, including barley, 4 merks or 53s. 4d., the boll and 4s. 5d. the bushel (p. 159). In a lease of the crop of that year the price of " ferme corn " was fixed at 30s. the boll or 2s. 6d. the bushel, and of teind meal at 26s. 8d. the boll (p. 162). Again, in 1595, oats with the fodder were valued at 30s. the boll or 2s. 6d. the bushel, and here at 53s. 4d. the boll or 4s. 5d. the bushel (p. 519). Eent, as has been said, was chiefly paid in kind, for money was very scarce. On good landed security 10 per cent, was the usual interest (pp. 271, 411), and Adair of Kin- hilt offers (p. 436) to pay 1000 merks at Martinmas (11th November) for 900 to be paid to him on 1st August, or 10 per cent, for little more than three months, about 35 per cent, per annum. And in some other instances we find that 2d. per pound per week, which is 43 per cent, per annum, was the usual charge for loans on personal security (p. 463). Any one who had ready money, and lent it judiciously in those times, could soon acqiure a fortune at such rates of interest. We have here also transactions when money was borrowed on the security of plate and jewellery (pp. 91, 149, 157, 195, 261, 348, 463). A creditor seems to have been able to arrest his debtor in a summary way. Edward Forrester (p. 434) complains that he came in to give the jeweller £20 which he had scraped together, xlviii INTRODUCTION. but " the jeweller has most uncourteously retained me here " (in -the Tolbooth) " till I pay the whole sum." When money was so scarce it is interesting to know that the rent the judge paid for his house in Edinburgh for the term preceding Whitsunday 1578 was £15 (p. 179), and for the year ending at Whitsunday 1596 he paid 100 merks (£66, 13s. 4d.) (p. 528) for his house on the north side of the Meal Market. There is not much to be learned as to the literature of the day beyond what may be observed in the holograph letters. Sir J. Stewart of Minto in his gives a picture of a testy, irritable, old gentleman ; and he tells the story of the bishop and the beggar (p. 190) very neatly. In the letter from W. Wallace, minister of Failford, describing the entertainment the King and Court are getting in Denmark (p. 447), his expression that the " worme vobbis " grow in their throats, reminds one of Panurge's similar remark about Friar John in the island of Papemanie, and shows that he had read the works of Eabelais. There is a letter announcing the death of the Lord Justice- Clerk, and of invitation to his funeral (p. 476), which is exceedingly well and even elegantly expressed. The signature of a facetious letter (p. 544) has unfortunately been cut off. The only clue to its authorship is that the writer, forgetting the usual commendations at the end, had written " from Kennet," and had drawn his pen through those words, and then proceeded to finish in the usual style. He begins his letter by quoting the old proverb, " Do not make baulks in guid bere land." A baulk is an uncultivated strip between ridges of grain. The application is, " do not leave without cultivation that which will repay it," i.e., " do not neglect my friendship." Further on he speaks of a " heland man taking his cowdeich." A cowdach is a heifer, and a coodie is a small tub, but one not used for drinking, and neither of these will make sense, but a cudeigh is a gift or bribe, and in a secondary sense a present in addition to wages, synonymous with bounteth, and that must be what the writer meant. This is quoted as a specimen of the INTRODUCTION. xlix difficulty which has been experienced in getting at the meaning of obsolete words, spelt in an arbitrary fashion. E"o new light is thrown on the history of the times by these letters ; we only get glimpses of the personages who made it, and now and then learn some incident about them. In a letter from Sir Thomas Kennedy of Culzean (p. 457) he tells of the death of the famous, or infamous, Countess of Arran, who had exercised a powerful influence over, the boy king during the time her husband was in power. With his fall in 1585 she had dropped out of history, but here Sir Thomas writes on 21st April 1590 as news, "ye sail wit that James Stewart, last chanceler, is ane wowar (widower), for his wyfe is deid of ane barne, whereof ye sail be assurit." There is one subject, the entire absence of which it is difficult to understand. In an age when the belief in witchcraft was general, and its detection and punishment occupied the mind of the Church, the King, and the Parliament, when numbers of wretched people were denounced, and tortured, and executed for this supposed crime, it is remarkable that in the whole of this correspondence there is not one single allusion to it. Before I conclude, I wish here to express my grateful acknow- ledgment to Mr Thomas Dickson of the Historical Department, General Eegister House, for valuable assistance, and for refer- ences to the archives under his charge, during the progress of the work, and to the Eev. Walter Macleod for help in decypher- ing the more difficult and technical of the manuscripts. I have only to add that the facsimiles of signatures are copied from the originals of those in this book, and I now submit the whole collection to the public, trusting that the reproduction of the style of writing in the sixteenth century may not prove an insurmountable difficulty to the general reader, and may be approved of by the lover of antiquity ; and that the work may be found to be an interesting addition to the memorials of an eventful period in the history of Scotland. Correspondence of Sir Patrick Waus. -Plate! Pmlan* AE-nkiUp, EJm" Correspondence. ofSir Patrick WAus.-Plate E m. 4™ JUNE 1569. 30'!'" APRI L 1571. H/ OCTR 1559. Hi^nyy^ P<>'ni:n-z^ 12™ APRIL 1565. / j^mvi^^. l>J ^/ 23"? APRIL 1569. 5™ APRIL 1572. M'PMUoa frlrakme. 'S.i^^^ Correspondence of Sir Patrick Waus.- Plate HI. 7T^ JAN«Y 1575-6. cmy^:B^ 20™ APRIL 1582. 12 (Mn^^ l+TH OCT? 1585 22"° FEB«r 1589-90. MTjilaos iEriTnii^ Eiur Correspondence of Sir Patrick WAUS.-Plate IV. 13 S?? JULY 15+9. K frnji^^J^ 20-"^ AUG. i6t» J uly 1 574-. 6i-« AUG. 1582. 20""? AUG. 1568. WSaHxat &£zfl]i:me. Idnr Correspondence of Sir Patrick Waus. -Plate Y. 18 ^^.yp^/^ -/■"f OCT" 1558. 19 <^ofmii 28™ JUNE 1559. 20 ^ 9T" MAY 1587- 21 {\)9me\4 (nQ Ot Q^sUi^ ^X V I5 8+. 22 ^ w/j^aM 7™ MARCH 1589. K'SlnlAiio AEjirikroe. £dra' Correspondence of Sir Patrick Waus.- Plate VI. 23 -f^Jb S/Tf OCT"? 1569. 2.4 24™ APRIL 1588. 25 17™ MARCH 1586-7 2 MARCH 1681-2. 38 ilTf DEC? 1586. ^9 a^xr^c^r-^—J^ 3?? MARCH 1581-2./ 4-0 12™ JULY 1584. MTariaiieS-Erakjne Ei Correspondence of Sir Patrick Waus. -Plate E. 4-1 6th march 1586-7 + 2 o PrVK- 29T" JUNE 1590. ^£^a^ IOT» DEC? 157s. ^^=^ 5™ FEB?r 1582-3, 45 20™ JUNE 1580. 4-6 lOT" JUNE 1584. 16™ OCT"? l£'?wlaiia irEmikme. Etei^ Correspondence of Sir Patrick Waus. -PlateX. 4-8 26t" JULY 1575. I5TH MARCH 1586-6 50 fk 1 59^ 51 / \y AUG. 1574. 52 8TH JAN«r iBsg. 53 tjmSti)^0> 3i?9 APRIL 1590. 55 5+ <5^Vr A^^-rt vSZ%^.il2^ 3'?° MAY 1590. 10™ JULY I 58+. 56 r 5™ JAN' 5'!'" JAN^T 15^0-1. 'WPacLane AEmlune Eiii' Correspondence of Sir Patrick Waus. -Plate XI. 5/ IS™ MARCH 1586-/. 58 13™ APRIL 158/ 59 44lA» Writ. 2 Gave. = Space. •" Meet. " Meetest. « That. 6 COEEESPONDENCE OF SIE PATEICK WAUS. and sisteris, the lord giue vs ane ioyfuU mitting, Ye sail vit the' gud man hes resevid the forti punds, qhair vith he is con- tent, hot yit thair laikis hot the^ of oue^ for the buntha/ quhilk ye man not forget to be vnpeyit ; it is all ane quhether ye sen siluer for it, or the oue. I haue givine the maister sax pundis, with four pundis to my self, bot they vantis to the docter xxiiij' for the rest of the half yeir that is to cum ; With four pundis to giue James foster, quhQk ye promist him, vith sum silver to by bonis and arous; With thri pundis to the gud man, that is aving him, quhilk I boruit to by schoune and vther thingis ; also four pundis quhilk aboruit send syne, quhair with I bocht schune send syne, nocht ellis, bot I am haill and fre ; committing yow to god. — Youris sonne, patrik vans. Muscilbruche the fift day of feburvart. Post scriptum. — forget nocht the servandis quhen ye send out the rest of the thingis aboue vrytine. This be delayverid to my louing father the laird of barnbar- roche. Appointment of Procurators by Patrick Waus, Parson of Wigtown, 10th February 1546-7. Uniuersis pateat per presentes me patricium Vans Eectorem de Vigtoun fecisse, constituisse, et ordinasse, necnon per pre- sentes facere, constituere, et ordinare, veherabiles et circum- spectes viros, Magistrum patricium m'culloch, Dominum Eo- bertum logane, et Dominum gulielmum vaus, meos veros legitimos et Indubitabiles procuratores, actores, factores, ac quorumquunque negotiorum meorum gestores, ac mandatores, gpeciales et generales, dando et concedendo dictis meis procura- toribus coniunctim et diuisim meam plenariam potestatem et mandationem specialem ad comparandum et rumpendum pro me et nomine meo coram Eeverendo in cristo patre et Domino ^ A Word seems to be missing. s Wool. " Bunta, so for bounteth, an addition to wages. COKEESPONDENCE OF SIR PATRICK WAUS. 7 nostro,, Andrea, misser diua^ candide casse episcopo, ejus ve com- misseriis pluribus aut vno, in sua sancta synodo proxime cele- branda in ecclesia sua cathedrali infra ciuitatem candide casse, et Juxta laudabiles et consuetas obedientes prestantis ordinarii statuta edita sue, que fuerint providenda Audienda et vocanda in audiendum, statuendum, dandum, ac ordinandum, alia et singula facienda, gerenda, et exercenda, que egomet facere potuerim si presens personaliter Tuissem, ratim et gradatim habendum et habitandum totum, et cuiusdem actum factum ve fuerit, per dictos meos procuratores, seu eorum aliquos Insolidum substi- tutes Ab uno duxerant faciendum in premissis. In cujus rei testimonium sigillum magnum Johannis vaus, nuper rectoris de vigtoun, per me procuratum, presentibus est affixum. Apud vigtoun, die decimo febuarii. Anno xlvi, sub mea subscriptione manuali coram his testibus, patricio vauss, mite Fergussoun, Jone cultoun, cum diuersis aliis. Patricus Vauss, rector de Wigtoun manu propria. Licence by the Eegent Arean to Patrick WauS, Parson of Wigtown, to go to Paris to study, and to remain for three years, 3d July 1549. Gubemator. We, as tutoure to oure souerane lady, and gouernour of hir realme, haue gevin and grantit, And be the tenour heirof gevis and grantis, oure speciale license To oure louit clerk, Patrik Vauss, persoun of Wigtoun, to pas to pariss in france, or ony uther part of france, to leir, and study in gude artes and sciences, and to that effect thair to remane be the space of thrie yeris nixt efter his departing furth of this realme. And we will, and grantis, that the said patrik sail nocht be callit, nor accusit, thairfore, nor Incur ony skaith, or danger, thairthrow in big persoun, benefices, and frutis thairof, lands, and gudis, in ony wiss in tyme cumming. Notwithstanding ' Misericordia diving. 8 COERESPONDENCE OF SIR PATRICK WAUS. ony acts of parliament, lettres, chairges, staintis, or proclama- tionis in the contrar, or ony panis contenit thairintill. Anent the quhilks we dispenss be thir presentis with the said patrik during the space foyrsaid; Quhairfore we dischairge all and sundrie oure souerane ladeis Justices, Jugis, and ministeris of hir lawis, of all calling, persewing, vnlawing, poynding, Journay- ing, attesting, arresting, following, or Intrometting with, the said patrik his benefice, and frutis thairof, landis, and guds, in ony wiss in tyme cumming, for his remaning within the said realme of franco he the space foirsaid, to the effect abonewrittin, and of thair of&ce in that parte be thir presents. Subscriuit with our hand At Edinburgh, the thrid day of July, the yeir of god I"' v" fourty nyne yeirs. James g. Gift by Queen Mary of the Marriage of the three Daughters of the late John Waus of Lochslyn to Mr Patrick "Waus, 31st December 1554. Marie, be the grace of god Quene of Scottis, To all and sindrie oure liegis and subdittis quhame It efferis, quhais knaw- lege thir oure letters sail cum, greting. Witt ye we to haue gevane and grantit, and be thir oure letters gevis and grantis, To oure louitt seruitour Maister patrick Wauss persoun of wig- toun, his airis and assignais, ane or ma, The mariage of katherine waus, margaret waus, and agues waus, dochteris to vmquhile Johnne waus of lochslyn. And failyeing of thame vnmareit, the mariage of ony vther air or airis male or female of the said vmquhile Johnne, that salhappin to his landis and heritage of lochslyn and newton, with the pertinentis liand in oure erldome of ross, within our serrefdome of Inuernes ; be res- soun he held the samen landis with thair pertinentis immedi- atlie of ws, and oure predecessouris, be seruise of warde and releif, with the mariage, quhen It salhappin. To be haldin and to be hade, the said mariage and profittis thairof. To the said maister patrik, his airis, and assignais, with all and sindrie commoditeis, fredomes, profittis, and richtius pertinentis quhat- COEKESPONDENCE OF SIE PATRICK WAUS. 9 sumeuir, pertening, or richtiuslie may pertene, thairto; With power To the said maister patrik, his airis, and assignais, To dispone vpoun the said mariage and all profittis thairof, att thair awin plesouris, as thai sail think maist expedient in tyme cuming, with aU and sindrie fredomes and commoditeis, frelie, quietlie, wele, and in peace, But ony reuocatioun, or agane calling quhatsumeuir. Quhairfore we charge straitlie, and commandis yow aU and sindrie oure liegis and subdittis foirsaidis. That nane of yow tak vpoun hand To mak ony impediment, lett, or distrublance to the said maister patrik, his airis, and" assignais foirsaidis, In the peceabill brouking, joysing, uptaking, Intro- mitting, and disponing vpoun the said mariage, and profittis thairof Efter the tennour of thir oure letters, vnder all pane and charge, that eftir may follow. Gevin vnder oure priue sele At Edinburgh, the last day of December, The Yeir of god i™ S" fiftie four, and of oure Eignne the threttene yeir. Per signaturam manu charissime matris nostre marie regine Dwarie regni nostri ac Eegentis eiusdem Subscriptum. Endorsed by Sir P. Waus Ane gift of lochslinis dochteris marrage. [There was near relationship between the Waus of Barnbarroch and those of Lochslyn, and this is borne out by a deed of settle- ment by Barnbarroch in which after the heirs of his body he names Waus of Lochslyn.] Grant of Pension of £100 to Mr Patrick Waus, October 1556. Jlegina. We Marie, queue dowreir, and regent of Scotland, ffor the gud trew and thankfull seruice done and to be done to me be our Louit seruitour Maister patrik waus, persoun of Wigtoun, Thairfoir, and for vtheris ressonabill caussis and motiuis moving us to haue gevin and grantit, and be thir presentis gevis and grantis, to our said seruitour ane yeirlie feall of ane hundyrreth pvndis money yeirlie, to be vptakin of our deirest dochteris theser quhatsumeuer at twa vsuale termes in the yeir, Witsoun- 10 CORRESPONDENCE OF SIR PATRICK WAUS. day and Mertymes in winter, be equale portionis. Chargeing heirfoir the thesaurar present and to cum to redelie intend, anser, and obey to the said maister patrilc of the said yeirlie feall grantit to him in maner foirsayd during our will, begynning the first termes payment at the feist of mertymes nixtocum, and sua furth yeirlie, and termelie, in tyme cuming during the said space, quhilk salbe thankfuUie allouit to thame yeirlie in thair comptis ; inserting thir [our letteris in] thair bukis ; and presenting our said seruitouris dischargeis thairupoun. Be thir presentis [subscriuit] with our hand [and gevin] wnder our signitt At Abyrdeen [the day of] October 1556.^ Marie R gilbertus thesaurer. Letter from James Thornton, at Eome, to the Eeverend Mr Patrick Waus, Parson of Wigtown, 18th September 1558. Broder, efter maist hartlye commendatioun, Plaiss I half maid ane toill, considering I half nocht vrittin to yow thir mony days bygain, hot now to mak ane mendis ye sail onderstand that I half resauit all your vritings, datit at Paris the xxx off Marche, the sevend off June, and xv off the said June, in the quhilkis ye onlye requoyr me for ane dispense for yow, and v udirs, to eit flesche on your awin expensis. So I send yow instantlye the said faculte, quhilk standis to thre crownis ; gyff ye intend to bring the samyn to Eome, I promit to drynk thaim all vyth yow, and X vdirs apon thair bak. Thairfor advertis me gyff ye be deliberat to cowm in thir pairtis. As to the maiter off Brechin, the expeditioun thairoff will nocht be grantit to my lord off Cupyr, but gyff he dimitte the monaster, reserwan onlye half fruittis thairoff induring hys days; by this the pensions can nocht be gettin seurlye assignat to Alex"^. halyburtoun and Dauid Murray, becaus thai exceid the thrid pairt off the fruittis of the bischoprik. So apoun the pre- misses I haiff vrettin in Julii last to the quenis grace, and my ' On back : " This is Registratt. J. Hendersoun." CORRESPONDENCE OF SIR PATRICK WAUS. 11 lord of cupyr. And, gyff ye think expedient, ye may causs Vnghare^ reuok^ his letter of chainge off xii<^ crownis, for I never resamt, nor yeit veill tuich, ane denier thairoff. I resauit the supplicatours for Melros and kelso in fauour off my Lord cardinall off guyse, vyth pensions extending to 3200 lib scottis to he assignat on the samyn. all veill he paid als son as the pape conualesces, -but the pensionairs veill noder get faculte off transferryng, nor yeit kirkis and kirk landis assignat in pay- ment off thair pensions, so we veill be constraingyeit to tak the pensions assignat apoun thair abbays, to be payt to the cardinall of Guyse and his successors. And becaus the haill proffit eowmis to the queins grace, my lordis of Cassilles and glenluce may esale^ aggre wyth hyr hicnes in Scotland anent the assigna- tions, as at mair lenth I haiff vrettin to thaim baith. I sail do my diligence to forder thir expeditions. I haiff no nouelles to vrait to yow, vders nor that our pape is rycht able to die, considering his aige and infirmite ; god send ane better in his rowme, for he vais nevir grate. I pray yow mak me participant off your nouelles and veilfair. So haif&ng na forder commodite instantlye to vrait, becauss of the postis depairting, I pray the eternall god to conserwe yow in prosperite and veilfair. Off Eome the xviii day of September 1558. — Be your assurit freind at command, James Thornton. Eeverendo Dno Magro Patricio Waus Eectori de Vigtoun Dno meo honorendo. Scoto Parisiis. Letter from Gilbert, Third Earl of Cassillis, to Mr Patrick Waus, Parson of Wigtown, from Dieppe, 7th October or November 1558. Gousing I commend me to yow, ye beand remembrit I spaikit yow towart my furnessin, and sensyne hes vritin to yow to send me i" or ii" pounds with ane servand of your awin upoun the ' Doubtful — ? a proper name. " Revoke. ' Easily. 12 CORRESPONDENCE OF SIR PATRICK WAUS. maist eisye way ye mycht hefe It, be the bank or uthir wyiss. And now I pray yow fail nocht bot ye send me witb Deligence ane hondryth poundis at the lest wyth your servand, for I half nocht ane to send for It, in quhat maner that ye may hefe it best, for ye knaw how I am providit, and I men gyf to me in- tirteneris, and uthirs. The preve sell is speid upoun my gyf of the personage of Douglace, and in maister Robert rechairsonis handis. gyff thar be ony vourd cum fra rowme towart the bowUis ^ of melros send me advertesment, and, gyf thar be nane cum, lat me be certefyit quhat ye heir is the causs. Forder gyff William fogo, servand to my Lord of Glassgow, hes ony bissenes of his maisteris wyth the quenis grace our soverane, or uthir wyiss quhar ye may help him, fail nocht to do as my awin-ye sail resaif iiij vretingis^ cum in my massis^ to yow. Thar is na alterationis in our cuntray contenit in my letteris. Fair ye weil. off Deipe this vii of* Item ye sail wit my fevir is callit the cotediane, and hes bene thir ix dayis paist, quharbe I am groving sa walk that I dow do na thing. — Yowris, CaissUlis. I resavit your writin fra my lord flemynis boy. To his cousing the persone off Vigtoune. [The writer was Gilbert, third Earl of Cassillis. He died at Dieppe, 28th November 1558, not without suspicion of poison.] Letter from Gilbert, Fourth Earl of Cassillis, to Mr Patrick Waus, Parson of Wigtown, 15th December 1558. Eycht traist cousing, efter maist hartlie commendatiouns, I will giff yow to onderstand quhat estait.that my bissines in thir partis ar in, thocht treulie I could nocht onderstand your lest writtingis, how my effaris was thairaway ; bot alwayis ye sail kenn the gud will I beir to yow for the steuerabHls seruice ' Bulls. ' Writings. 3 ? Missives. ^ Paper torn. ^ gteyel (i.e. firm). CORRESPONDENCE OF SIR PATRICK WAUS. 13 that ye did to my fader, likwiss as I beleif that ye will do to myself, as ye sail know at meting. Mairover your fauours sail nocht be impechit with na thingis betwix me and pawle reyd.^ Thairfor I wuld ye stoopit nocht to bring or send my coffaris with this berar, with all thingis pertening to my faders, and speciallie my silver werk, aid and new togidder, quhilk suld be in memor to my houss, according to my faderis will, quhom God assolzie. Lat nocht the less the bringing hame of my graith for ony dettis, gyf my finance will not outred^ tham ; allwayis I sail satefye Paull Reyd^ beleiffand that I am nocht utherwyss in greit det, he beand satyfyit, at hame. Noththeless I can nocht tak na perfyte ordour with my bessynes, or counttis, in that cuntrey sen my faderis departing, quhill ye and I meit ; ffor, gif ye had send me ane speciale writting quhat I had bene awand in that cuntre, I suld half send yow ane~ speciale anser, seyand nocht only I, hot alsua my frendis, that [ar heir]^ fand your writtingis sa mystik, that we could nocht onderstand the [meining] * contenit thairin, bot we considderit the tyme that ye wrait it in, the quhilk was warray trubluss to ws and yow. as to the effaris I half in this present tyme, I will gif yow to onder- stand at meting, assurand yow of the quenis gudnes and fawuouris, quhais supplicatiouns is to the king, with hir gudson, and douchter, and broder in speciall. In my fawuors ; prayand yow to schaw your self warray deligent to our soverane, and my lord cardinale, quha wilbe myndit to the help of my effaris according to the quenis supplicatiouns, that I be con- sidderit and helpit with the rewardis my fader had, quhilk is decessit. sen I am participant of the truble and cummar of all the seruice forsaid of my fader, thair hienes will considder that the samen seruice be nocht preiudiciale to me, bot raither to be awanceit, rather nor to repent. Als ye sail desyre nathing and speciale, bot allanarly lat thame knaw that my pretence is to resave ane letter of finance of thre hundreth poundis, the quhilk I beleif will outred the maist part of my dettis thairaway by Paull Eeyd.^ Lat nocht to fulfyll my for- 1 Merchant in Ayr, and witness to document at p. 15. ' Clear out. ' Paper gone. " Paper gone. 14 CORRESPONDENCE OF SIR PATRICK WAUS. said bessines according to my will. Notwithstanding, gif thair be ony thing rasauit to my faderis bissynes mair nor is knowin to me, I sail outred it honestlie according to your comptis, nocht stopand my coffaris. I doute nocht hot ye will schow yow my speciale frend be your laubouris like as I salbe abill to your help and awancement, and if the[y] may nocht cum schortlie, ye sail deliver thame to this berar, in speciale gif I haif forget ony thing that was necessar be haist of dispeche, I sail advertiss yow in the nixt schippis, like as I wald ye did to me in all thir effaris concerning me. nocht ellis as now, hot I pray God to haif yow in his keping. At Edinburgh the xx day of December. — be your cwsin, Gilbert, erle oif Cassillis. To my cousing The persoun of wigtoun. A French Passport to Mr Patrick Waus, 27th February 1558-9. Je Jacques girard, Conseiller et tresorar general des finances dela Eoyne Daulphine de ecossye, A tons qui lappartiendra, que Mr Patrix Vaus parson de Wygthon est premier aulmosiner de la Dame ^ en son estat, Et par moy paye de ses gaiges comme les aultres gentilhommes et officiers domesticques de la maison de cette Dame. En tesmoingdrie jay escript et signe la presente de ma main Le penultime Jour de febrivier L'an mil cinq cent cipquante huict. Girard. Le S Mr patrix vaus person Dvygton Escossois. Acknowledgment of Debt of 200 Pounds Scots by Gilbert, Fourth Earl of Cassillis, to Mr Patrick Waus, 28th June 1559. We gilbert, erle of cassillis, grantis us in awin to our cusincr, master patrik vaus, persone of Vigton, the soime of tua hundyr punds mony of Scotland, and that In compleit payment of all manner of deitts and obligationis in awin to the saids person be ' Word illegible. CORKESPONDENCE OF SIR PATRICK WAUS. 15 my umquhill fadyr or me affoyr the day and dayt heirof, quhilk soime ve obleiss our ayrs and ex" to content and pay to the foyrsaids persone, or his ayrs, hetwix this and vitsonday nixt to cum. In vitnes heirof Subscriffit vit our hand at Mayboill the xxviij of Junij the yeir of god j" v° fyfte and nyn yeirs, beffoyr thir vitnes, thomas Kennedy of barginy elder and younger, robt greym^ of knokdoleane, david Kennady in baltersan, paule raid, merchant in Ayr, vyth utheris dyverssis. I grantand my fadrs oblegation heiropon. Cassillis. Endorsed My lord of Cassillis obHgatioune to Sir patrik Wauss off Barubarroche for tua'= punds. Grant of a Pension of £100 annually out of the fruits of the Abbey of Glenluce by King Francis and Queen Mary to Mr Patrick Waus. Franciscus et Maria dei gratia francorum et scotorum Eex and Eegina Eeverendissimo in Christo patri et domino Nicolao a sermoneta Cardinali rerum regni nostri scotie promotori dig- nissimo S[alutem]. Eeverendissime pater in gratiam familiaris nostri Thome hay presbiteri scribimus sanctissimum dominum nostrum papam accurate, postulamusque nonmodo vt hunc monasterio de Glenluce, alias vaUis lucis, Cisterciensis ordinis candide case diocesis, per obitum venerabHis quondam patris Jacobi illius ultimi abbatis nunc vacanti, preficiat abbatem. Verum etiam vt ex ejusdem monasterii fructibus centum lib- rarum vsualis monete regni nostri scotie annuam pensionem Patricio vans clerico liberaliter conferat. Nos hanc causam E P T fidei quam nostris rebus semper presto fuisse sensimus dUigenter commendamus petimusque vt ejus opera atqiie autem hoc negotium quam fieri potest celerrime conficiatur. Quo quidem rem nobis fecerit gratissimum. Cetera que hue spectant ex Jacobo thornton^ nostro Istic procuratore Intelligit E T P 1 Graham. " See letter by him, 18th September 1658. 16 CORRESPONDENCE OF SIR PATRICK WAUS. cui fausta omnia feliciaque precamur. Datum Ambasii xxiii* Mensis Martii 1559. FEANCISCUS. MAEIA. De Laubespine. Eeverendo In Christo patri domino Nicolao a Sermoneta (jardinali TEleram Kegni nostri Scotie promotori. [Although the following paper does not seem to affect Mr Patrick Waus directly, yet he was so much consulted and employed in the affairs of the Earl of CaSsillis, that it, is entered here. It is very characteristic of the times.] An Exemption for the Earl of Cassillis and his whole Dependents from the Sheriff of Wigtown. Eex et Eegina. We, vnderstanding that thair standis sum variance, discord, and vnkyndnes, betwixt oure cousing Gilbert Erie of Cassillis, his kin, freindis, and seruandis, on that ane parte, and oure schiref of Wigtoun, his kin, freindis, and seruandis, on that uther parte, quhairthrow he, and his deputtis, may be na jugeis competent to thame in ony actioun concerning thame, Thairfore, we for eschewing of grettare inconuenienttis, be thir presentis Exemis oure said cousing, his kin, freindis, alliay, ten- nentis, seruandis, and parttakaris, fra our said schiref, and his deputis, thair jurisdictioun, ofBce, and power, anent ony actioun concernyng thame, alswele criminale as ciuile, in tyme cuming, induring oure will. Chargeing heirfore our said schiref, and his deputtis, that thai desist and. ceiss fra all calling, persewing, or proceding upoun, ony actioun concernyng our said cousing, his kin, freindis, alliay, tennentis, seruandis, or parte takkaris, owther criminallie or ciuillie, in tyme cuming, ay and quhill thai haue command of us in the contrare. dischargeing thame vther wyis of all proceding thairintill, and of thair offices in that parte, during the said space nochtwithstanding ony commissioun of Justiciarie gevin, or to be gevin, be us in the contrare to oure COERESPONDENCE OF SIK PATRICK WATJS. 17 said schiref, or his deputtis. Auent the quhillc we dispense in- safare as concernis the premissis be thir presentis. Gevin vnder oiire signet, and subscruit be oure derrest moder, Marie, quene drowriare, and Eegent of oure Eealme, At Edinburcht the day of the yier of God j" v" 1 nyne yeiris, and of our regnis the Secund, and auchtene yeiris.^ Marie E. [Whether the Parson of Wigtown retained his office of first Almoner to the Queen, and continued at the Court of France during the year 1559, has not been ascertained, but he was certainly in Eome on 22d AprU, and left that city on the 12th May 1660. When there he presented the following peti- tion to the Pope, and from the next document it appears that he intended to return to the Queen in Paris, and afterwards to wait upon the Queen Dowager in Scotland. Though still only a subdeacon, and apparently unwilling to take higher orders in the Church, he is styled " the right venerable " by his clerical correspondent, Mr James Thornton. [The next paper is a Latin Petition to the Pope by Patrick Waus, Clerk, who has been appointed to the rectory of the parish of Wigtown in the diocese of Whithorn, vacant by the resignation of John Waus, rector of the same, desiring his Holiness to bestow the fruits thereof, not exceeding xx'"' sterling annually, upon the said Patrick exclusive of conditions, and to dispense with himself taking holy orders, for the space of five years, that he apply himself to study, otherwise for one year from the end of the year fixed to him by right, during which time he may be held not promoted from subdiaconate, and that he may not be compelled by authority of any ordinary ; and that in the meantime the said Eectory should not be accounted as vacant. [Petition granted. Dated at Eome 22d April, anno primo, i.e., 1560.P 1 That is the second year of the reign of king and queen, who were mamed in 1558, and the eighteenth year of Queen Mary's reign. " Pope Pius IV. was elected 25th December 1559. B 18 COERESPONDENCB OF SIR PATRICK WAUS. CANDIDE CASiE. — NOUA PROUISIO AC DE NON PROMOUENDO AD QUINQUENNIUM CAUSA STUDII. 22d April 1560. Beatissime pater nuper seu alias Eectoria parrochialis ecclesie de Vigtoun, Candidecase diocesis, ad quam dum pro tempore vacat presentatio persone idonee in ea ad presentationem huius- modi per loci ordinarium instituende ad pro tempore existentem priorem seu commendatarium et deuotos vestros conuentum monasterii Candidecase spectare dinoscitur tunc per resigna- tionem deuoti vestri Joannis Vans dicte ecclesie Eectoris de ilia quam tunc obtinebat in manibus sanctitatis vestre vel alterius ad id potestatem habentis sponte factam et admissam aut alias certo in Uteris si videbitur exprimendum modo vacante deuoto sanctitatis vestre oratori Patricio Vans clerico dictse Can- didecase diocesis apostolica auctoritate prouisum extitit posses- sione forsan subsecuta Cum autem pater sancte a nonnullis de coUacionis et prouisionis huiusmodi ac indesecutorum viribus hesitetur dictaque Eectoria adhuc certo modo vacare censeatur supplicat bumiUter sanctitatem vestram orator predictus quatenus sibi specialem graciam faciendo Eectoriam predictam cuius et illi forsan annexi fructus etc. xx''^ sterlingorum secundum com- munem existimationem valorem annuum non excedunt siue vt premittitur siue alias quouismodo aut ex alterius cuiuscumque persona seu per simUem dicti Joannis vel cuiusuis alterius de ilia in Eomana Curia vel extra earn etiam coram notario publico et testibus sponte factam resignacionem aut constitutionem execu- torialis vel assecutionem, etc. seu quacunque coUacione proui- sione presentacione aut quauis alia dispositione de ilia vt pre- mittitur vel alias quouismodo vacante oratori predicto vel cuiuis alteri persone in Uteris si videbitur exprimende quauis etiam predicta apostolica auctoritate factis propter illius inhabilitatem vel incapacitatem aut alias ex quauis causa nuUa et inualida existente ac propterea effectum sortiri nequeunte vacet etiam si deuolutis affectis specialiter vel alias ex quauis causa in Uteris etiam si videbitur exprimenda generaliter reseruatis litigiosis cuius Utis status etc., existat eidem oratori couferre et de ilia COERESPONDENCE OF SIR PATRICK WAUS. 19 etiara prouidere secumque vt ratione Eectorie predicts ac quorumcunque aliorum beneficiorum ecclesiasticorum cura- torum seu ex statute consuetudine fundatione priuilegio aut alias quomodolibet sacros etiam presbyteratus ordines requiren- tium per eum nunc forsan et pro tempore obtentos vsque ad quinquennium si interim literarum studio in vniuersitate seu loco vbi illud vigeat generale insistat alias ad annum duntaxat a fine anni sibi a jure prefixi computando ad aliquem ex eisdem sacris etiam subdiaconatus ordinibus se promoueri facere minime teneatur nee ad id a quocunque quauis etiam ordinaria auctoritate inuitus compelli possit dispensare ac interim Eectoriam et alia beneficia predicta ob non promotionem huiusmodi minime vaeare irritum quoque, etc., decernere dignemini de gracia speciali non obstantibus apostolicis ac prouincialibus et synodalibus con- ciliis editis generalibus vel specialibus statutis, etc., etiam juris- consulto, etc., roboratis necnon fundatione priuilegiis quoque indultis et Uteris apostolicis in contrarium forsan quomodolibet concessis quibus omnibus etiam si de illis, etc., tenores in hac vice latissime derogare placeat ceterisque contrariis quibuscunque cum clausuHs opportunis. [Concessum ut petitur in presentia Dominorum.^ J. Bestan.] Et cum absolutione a censura ad effectum, etc. Et quod obstantes etiam beneficiales ac dispensatio oratoris verusque et vltimus Eectorie predicts vacationis modus etiamsi ex illo queuis generalis reseruatio etiam in corpore juris clausula preterquam per obitum apud sedem resultet necnon coUa- tionis seu prouisionis primo dictarum ac inde secutorum tenores ' habeantur pro expressis seu in toto vel in parte exprimi possint Et cum clausula generalem reseruationem importante ex quauis causa qualiscunque sit et vndecunque resultet etiam dis- positione exprimenda Et de prouisione dicte rectorie pro dicto oratore vt supra Et quod litere in forma graciose surrogationis etiam quoad possessionem generose neutri si nulli si alteri noue prouisionis perinde et etiam valere in euentum litis cuius status ac nomina et cognomina iudicum et collitigantium ac jus 1 The reading of this word and of the name which follows is doubtful. 20 CORRESPONDENCE OF SIR PATRICK WAUS. et tituli illorum exprimi seu etiam pro expressis haberi aut alias proutvtiliusvidebitur: fatendo etiam si opus fuerit nullum jus oratori competijsse aut competere ac omnia de facto pro- cessisse et exprimendo seu etiam pro expressis habendo causas etiam nullas et infectas priorum tituli et possessionis cum gratulatione opportuna quatenus illi locus sit extensus simul vel separatim expediri possint Et de non promouendo ad quin- quennium dummodo infra illius primum biennium efficiatur P. subdiaconus seu annum vt prefertur computando ac decreto predicto vt supra latissime extenso Et quoad dispensationem de non promouendo ad annum, etc., huiusmodi litere per breue sanctitatis vestre seu officium contradictarum expediri ponit Et cum derogatione item de annual! possessione quoad predictam eius partem neenon predictorum et quorumuis aliorum statu- torum, etc., fundationis priuilegiorum indtiltorum et literarum apostolicorum quomodolibet contrariorum quorum omnium ten- ores latissime exprimi possint ad effectum, etc. Et quod premis- sorum omnium et singulorum etiam qualitatis inuocatis deno- minatis nuncupatis annexi fructus, etc., augendo vel minuendo quantum opus fuerit cognitum aliorumque necessariorum maior vera et amplior specificatio et expressio fieri possit in Uteris. Concessum. J. Bestan (?). Datum Eome apud Sanctum Petrum nono Kalendas Maij anno primo. Obligation by Eobeet Bog to Mr Patrick Watts, 7th May 1560. I, Eobert bog, seruant to ane honorable Lord, george Lord Seton, grantis me be the tenor heirof to half borrowit, and rasauit fra ane venerabill man, Mr patrik Vas, person of Wygton, the soume of ane hundret crounis of the sone in nummerit monye, for the expedition of sik pensions as I haid to provyd for my said Lordis barnis In Eome at the Easait of the said soume, the quhilk I obleis me to content & pay againe to the said Mr patrik betuix the daiet of thir present, & the fin of august nixt to cum after the makein heir of, but farder delay, fraud, or gylle. In verefication of the premissis I haif subscriuit this present obli- COKKESPONDENCE OF SIR PATRICK WAUS. 21 gation with my hand at Eome, the vii day of may, 1560 Befoir thir wytnes, maistir James thornton, Mr Wilzem hosolme maistir Eobert purves, with vtheris diuersis. Eobert bog with my hand. Endorsed Eobert bogis obligation. A Memorial of Mr James Thornton given to Mr Patrick Watts, parson of Wigtown, at his departing from Eome 12th May 1560. Guid persoun,at your arryuing to the court off france I pray yow hartlye to delywer my littill pakat to the quein our souuereine. And, becauss the continnew off my vreting is noth onknawin to yow, ye may expone my necessite to hyr maieste : bout^ quhais helpe and support, induring the trowbilis off our reaulme. It is noth possibill I may remain in Eome : gyff ony riddy siluer maybe gottin send to me, I vaild ye procurit the samyn : or ellis ane guid licence, that vyth hyr hienes guid veiU and beneuolence I may depairt, and pass in Scotland : Anent this poinct off the courte ye plaiss send me sowm risolut ansowr. And becauss in the courte I traist ye sell forgadder vyth Jhone Leuingstoun, or sowm vdirs factours and dewars for my lord off glasgo and hys affairis : I vaild ye asseurit thaim that the ex- peditioun off the bullis of Lassia is onlye retardat heir for inlaik off mone : And gyff thai veill send syluer in suf&cance to radeim the samyn, quhilk in haill veill noth exceid Y 330 :, I suld do my devuoir to causs the bulles be spaid :^ Vderuayis that I may abydde forder ansour off my Lord : In Paris I traist in god ye -sell forgadder vyth M. Thomas Vestoun, my guid frend, quhaim ye sell hartlye requoyr to ad- uertis me off hys nouellis ; and gyff ony letters, or mone, cowmis to me off Scotland, that he vse diligence to causs the samyn be conuoyt to Eome : for ye ken my necessite : Also mak me ad- uertisment gyff Timotheo be in Paris or noth, and gyff he in- tendis to pass in Scotland, and mak bank in the auld maner. 1 But, i.e. without. ' Sped. 22 COREESPONDENCE OF SIR PATRICK WAUS. In Scotland ye plaiss delyure my pakat to the quein Eegent, owr maistres, to quhais hienes ye may schaw my necessite : and, gyff I micht haiff depairtit heirfra vyth hyr grace guid veill, that s.eurlye I haid dewn the samyn all reddy : hot, abyddan forder ansour, that I haiff differrit my voyage quhill August nixt : And gyff in the maintyme hyr grace send noth mone to me, that pauuerte veill contryne me vyth my gryt schame to laiff Eome, and all hyr affairis in sic termis as ye knaw : expone iulykuayis M. Eobert Eichartsonis oncourtesie, and quhow this thre yeiris bygain I haif gotten na payment off my pensioun. I traist ye vein mak my hartlye commendatioun of seruice to my lord of glasgo ; to quhais L ye veill schow that hys expedi- tioun of the buUis off Lassia is differrit heir onlye for inlaik off mone, and that I haiff the kingis letters passit in dew forme, and subscryuit be the Embassadour : the samyn commendatioun of seruice I vaild ye maid to my Lordis of cassellis, corsregall, and glenluce : I vaild also ye delyurit my vreting to schir hew kennedy, and schaw hym gyff he, or the abbot off newabbay, send suf&cient mone to me, noth exceidan Y 250, that I sell speid the successone off that abbay conforme to the fyrst mandat : , I vaild also thai obtenit the quein Eegentis letters to the pape and promoteur for the expeditioun of this resignatioun : becauss the aild supplicatonis, considerin sik mutations as hais interuenit sen the dait off thaim, vaill be in sobyr consideratioun : As to the lairdis off coldenknowis and barganys pensiouns, ye can dewlie informe thaim quhat is requoyrit to git thaim spaid in Eome : I haiff vrettin to thaim bayth vyth Eobert bog : I pray yow inquoyr M. Eobert Eichartsoun quhat is the occasioun or motiue that I kan get no payment off my pensioun, requoyran hym, considering my necessite, and sik plaisours as I haiff down to hym, that he voiU be mair gratius : and send me sowm siluer : Gyff ye forgadder vyth my broder M. Jhone Thornton yown- gar, vyth M. Jhone Spens off conde, M. Dauid Spens : M. Wilyem crichton, or M. Thomas keir, pray thaim all to send me sowm syluer for sik caussis as is noth onknawin to thaim : And swa fair ye hartlye veill : Off Eome the xii day off Maij 1560, — Yowris at command, Ja, Thornton. COEKESPONDENCE OF SIR PATKICK WAUS. 23 faill noth conforme to your promes to mak me participant off your nouellis : Endorsed 12 May 1560 : Ane memorial off M. James Thornton for the rycht venerable M. Patrik Vans person off Vigton. [In this year 1560, in which the young churchman had been humbly petitioning the Pope, he found on his return to Scot- land that a vast change had taken place in that country. The struggle, which Mary of Guise, the Queen Eegent, supported by French troops, had for some time maintained against those who had embraced the doctrines of the Reformation, had come to an end. She died in July, and the Eeformation was established by the national will in the following month. That the Parson of Wigtown now left the Church of Home is proved by the fact of his marriage in December of that year with Elizabeth, daughter of Sir Hew Kennedy of Girvan Mains. The next we hear of him is the betrothal of his eldest daughter Isobell, on 6th August 1562, when she could not have been more than one year old, to George, eldest son of David Murray of Brough- ton.] Bond by Thomas, Abbot of Glenluce, for 600 marks, to Mr Patrick Waus of the Maidland, as tocher with Ellspett, Daughter of Sir Hew Kennedy of Girvan Mains, 26th De- cember 1560. We thomas, be the prouision of god abbot of glenluce, be the tenor heyrof bindis and oblissis vs, our ayris, exoris, and succes- soris, to contente, and pay thankfulle, delyuer to master patrik waus of the maidland, and elspett kennedy, dochtyr to Ser Hew kennedy of gyrvane manis, knycht. In name of tochir, the soume of sax hundyrreth markis mony of Scotland, quhilk we half promesit to the said Mr patrik and elspett, att tennis follovin, viz., twa hundryt markis at the nixt vidsunday in the yeir of 24 COERESPONDENCB OF SIK PATEICK WAUS. god ane thusand fyve hundyr^ and ane yeiris, ane vthir twa hundyr markis at the nixt martimes immediatlie foUoving, and the vthir twa hundyr markis, in compleit payment of the said saxe hundyr markis, at the vidsunday in the yeir of god 1" v° saxte and twa yeiris, butt fraude or gyill ; Prouyding that, geife the said thomas abbot of glenluee cumis nocht in possessione of the said abbay of glenluee, that he be nocht compellit to pay of the said sax hundyr markis hot thre hundyr markis att half the termis aboune specifeyit, or ellis that he sail sattifee him in few landis of the said abbay of glenluee wyth any ten markland he viU desyir, at ^ is nocht all reddy sett in fev.' In vitnes heirof we haue subscriffit wyth our hand at mayboiU the xxvi day of december, in the yeir of god l.m. y" and thre schoyr yeris, befoyr thir vyttnes, hew kennedy of gyrvane manis, knycht, Jhone kennedy of skeldone, vilHame campbell of kyrrintra, and alex'' vaus, vyth vtheris dyuersis. Abut of glenluee. [There seems to have been some difficulty in getting payment of this tocher, for 200 marks were still due in April 1572, more than eleven years later, as shown by the following document, which also shows that Elizabeth Kennedy, Sir Patrick Waus's first wife, was alive at that date.] Bond by Thomas , Commendator of'Glenluce, to Mr Pateick Waus, for 200 marks, balance of 600 marks tocher, promised to Elizabeth Kennedy, his wife, 16th April 1572. We thomas, commendator of glenluee, grantis us In awin to Mr patrik wauss of Barnbarrach the soum of twa hundyreth markis mony, to be payit at beltain In the yeir of god 1"" v" Lx threittin, In compleit payment of the soume of sax hundyr markis, promittit be vss to the said Mr patrik In name of thoychyr * vyth elezabeth kennady his vefife, and sail delyuer to the said commendator all contractis, obligationes, and lettiris, and letteris of pvnding past thairvpon ; And geife the said com- ' Threescore is here omitted. " That. 3 Feu. i Tocher. CORRESPONDENCE OF SIR PATRICK WAUS. 25 mendator payss thankfuUie to me, or my ayris [the said Mr patrik], the soume of ane hundyreth markis betuix and the said beltain, in the yeir of god l"" v" Lx threttyne yeris, In that kaice the said obligatione to haife na effek nor strentht fra the pay- ment of the said hundyreth markis. In vitnes heirof ve haife Subsoryvit this present vyth our hand, at the abbay of glenluce, the xvi day of aprile, in the yeir of god l.m. v" Lx twelf yeris, befoyr thir vitnes, hewe kennady of barquhony, villam kennady of munhuntione,^ and James ross notar public, vyth vtheris dyuersis. glenluce. Contract of Marriage between George Murray, Son to David Murray of Broughton, and Isobell Waus, Daughter to Mr Patrick Waus of Barnbarroch, 6th August 1562. At Barnbarroch the sext day of August the yeir of gode Im v" thre scoir and twa yeiris ; It is appointit, contractit, concordit, finalie endit, and aggreit, betuix bono" parteis vndervriting, to wit Mr patrik wauss of barnbarach, takand the burding on him for Isobell waus, his Lauchtfull dochter, on that ane part, And Dauid muray of brochton, takand the burding opon him for george muray, his Lauchtfull sone and apperand air, on the vther part, in maner following. To Wit the said george godwilling sail marie, and to vyfe half, the said Isobell, and solempnizat the band of matrimonie wyth hyr in face of holy kyrk betuix the dait heirof and the feist of sanct mertyne in vyntir, in the yeir of god ane thousand fyve hundreth four scoir and thre yeiris ; And als the said Dauid bindis and oblessis him and his ayris to infeft, or cans his foirsaid sone to infeft, him the said george, and the said Isobell his futur spous, the langast lewar of thaim twa in coniunct fee, and the ayris to be gottin betuix thame, quhilkis failzeand gode forbid, the nerrast and lauchtfull ayris of the said george quhatsumeuer, in all and haill the ten markland of kyrcarsall and Drumbuy, lyand vythin the stewartrie of kyrkeudbrycht, and parochin of rerryk ; and that in conten- tane and full satisfaction of hyr haiU terse and coniunct fee, of ^ Probably Minunchen. 26 CORRESPONDENCE OF SIR PATRICK WAUS. all that the said Isobell may crayff ffor terse and coniunct fee. And the said Dauid and george oblessis thame and thair ayris to varand and maik the saidis landis of kyrcastell and Drunibuy to he worth yeirlie the sovme of fovyr hundreth markis money, to be payit to hir at twa termes in the yeir, to wit vitsonday, and martenmess in vynter, be equall portionis allanerlie ; And geif that it happenis the said george to decess before the said Dauid, as gode fforbid it be, in that case the said Isobell sail crayff, or haif, yeirlie out of the forsaidis Landis hot the sovme of ane hundreth pundis money vsuall of this realme induring the lyf- tyme of the said Dauid ; And efter his decess scho sail haif yeirUe the haill said sovme of fovyr hundreth markis money, as said is : And this said infeftment to pas and be endit, and the saidis george and Isobell to be put in the sesing of the forsaidis Landis, betuix the dait heirof and completing of the forsaid mat- rimonie vpon the said m' patrikis ressonable expensses, ffor the quhilk caussis^of mariage and infeftment and sesingis to be done, as said is, the said m' patrik bindis and oblessis him, his ayris, exe™, and assignais, to thankfullie content and pay to the said Dauid Murray of brochtoun, or to his ayris, exe"', or assignais, the sovme of fyftein hundreth merkis money vsual of this realme at the termes following, to wit the ane half thairof at the nixt feist of Ywle nixt efter the completing of the said mariage, in the yeir of gode Im v four scoir thre yeiris, And the sovme of seven hundreth merkis and fyfty merkis money forsaid, in com- pleit payment of the said sovme of fyftein hundreth merkis, at the feist and terme of Ywle nixt thairefter, in the yeir of gode Im v" four scoir and four yeiris : And for suir payment thairof the said Mr patrik bindis and oblessis him, for him and his for- saidis, as principall to becum actit in the commisseris buykis off Wigtoun, And sail cans thom kenedy in baryarrok, and arthur braidfute in stenyok, become actit in the buykis forsaid, con- iunctlie and seueraUie, for thankfuU payment of the sovme abone vritin at the termes abon specifeit: And the said Mr patrik bindis and oblessis him and his forsaidis to intret and sustein the said george and Isobell, his futur spous, fra the tyme of solemp- nizatione of mariage wyth twa serwands to serue thaim, thair CORRESPONDENCE OF SIR PATRICK WAUS. 27 bayrne, geif ony beis, wyth nvreis, quhill the terme of in the yeir of gode Im v<= four scoir and four yeiris, & further quhill the compleit payment of the said thousand pundis. And thairefter the said Dauid to resaiff, intret, and sustein, the for- said george and Isobell and thair forsaid serwandis in his hous, according as is forsaid ; And sail geiff thame yeirlie ana hun- dreth merkis money for the help and vphald of thair abulye- ment of clayss : And geiff it sail happin the said Dauid to put the said george and his futur spous to be sustenit be thame selfis, in that case the said Dauid viU that the said george and Isobell haif the haUl commoditie and profeit of the forsaid ten merldand abon vritin to thame selfis, to be applyit to thair vse, veiU, and sustenance iu all tymes thairefter. And geiff this present contract be not gude, sufficient, and strenthe aneuch in the self, nor formale, baith the saidis parteis oblessis thame, for thame and thair forsaidis, to reforme and renew the sam be the avyss and counsale of men of law upon aucht dayis vriting ; the same keipand the effect and substance abon vritin, and ar con- tent that this present contract be registrat and insert in the buykis of counsale and sessioun, and in the commisseris buykis of vigtoun, and for registering and inserting heirof constitutis and ordanis petyr M^goveyane To do the sam consent thairto, as lauchtfull procuratoris thairto constitut promittando de rato and gradato. In vitnessing heirof bayth the saidis parteis hais sub- seriuit thir presentis wyth thair hands, day, yeir, and place, for- saidis, before thir vitnessis, Dauid murray in barlokart, David kennedy, thomas wauss, seruitoris to the said Mr patrik, wyth vtheris diuerssis. Mr Patrik vans off Barnbarrach vyth my hand Dauid murraye of Brochtoun. Cusyng commisser, forsamykill as ye sail nocht faill to Insert this contrat betuix my Eyme, the layrde of brochton, and me In your bvikis, and that euery ane of vss may haif the extrat thairof as accordis, and this ye' faill nocht as my traist Is In yow. at barnbarrache, the xxiij of octobar, by 1583. BArnbarrache. 28 COKRESPONDENCE OF SIK PATRICK WAUS. At barnbarrocht the xxviij day of October the yeir of god Lxxxiij yers. The quhilk day comperit in presence of m"^ villiam m^gowyne commisser of vigtoun m'' patrik vauss of barnbarrocht and dauid murray of brochtoun, parteis contracteris, and desyrit, and cou- sentit the contract matrimoniall abone vrittin, to be inserit and registrat in his buikis to haif the strenth of his decreit, and executoriallis letters to pass thairupon as effeirs ; The quhilk the Judge hes ordanit, and Thomas kennedy in baryerrok, and arthur braidfute in stenyok, become actit of thair awin proper consignatioun for payment of ane thousand lbs money, tochir contenit in the said contract, and villiam Duinbar in culmalze is cum actit of his proper consignatioune for thair releife : and the said m' patrik vauss of barnbarrocht is cum actit of his proper consignatioune to releue the forsaid cautioneris, and the said villiam dunbar, of the foirsaid tochir at the termis contenit in the contract befoir vrittin ; failzeing thairof poynding to pass vpon the saidis cautioneris, william and m' patrik respectiue as effeiris. Endorsed — Yung Brochtons contract of mariage with barnbarrach dochter. Note on Contract of Marriage between George Murray and ISOBELL Waus. This contract is dated 6th August 1562. The marriage is to take place before Martinmas 1583. Mr Patrick Waus and David Murray of Broughton require the Commissary of "Wigtown to register it and enter it in his books on 23d October 1583, and he does so on 28th October 1583, 21 years after the original date and within one month of the Limit of time. This shows that Isobell had been betrothed while in in- fancy. Mr Patrick Waus married in December 1560. [The following letter was addressed to Alexander Waus, who was at that date Laird of Barnbarroch, but as it bears on the History of the times it is here inserted.] CORRESPONDENCE OF SIR PATRICK WAUS. 29 Letter from the Earl of Cassillis to the Laird of Barnbarroch, 3d April 1561. Traist cousing eftir hartlie commendatioun forsameldll this to adyerteis yow that I ressavit writtings fra sundry of the nobilitie to be at ane tryst with thame at lithkow the aucht of this instant quhair the King of frances comissioner Is to be present at the tyme and place foir said quhairefore alsua I haif ressavit writ- tings direct fra the king of france — Eeferring the credeit to the berar — Quhairin I find thir ocasionis sua necessary that I am willing to be present thair. Quhairfoir I pray yow effecteouslie as ye will do me plessor that ye will tak sua far trevell as to be with me in cumpany at my passing thair. I wreit to yow of befoir to haif bene at me againis this Day of Law quhilk is the fyftene of this instant hot this tyme man be prevenit beeauss of the necessitie of this present occasioun. Quhilk I beleif ye will nocht faill : Eeferring the rest to the samyn And god haif yow in his keiping. of Mayboill this thrid of Aprile 1561. — Be your gude frind, Cassillis. To my trest Cusing the lard of barnbarroth. [The following bond of man rent was between Harry Haw- thorn, who was a kindly tenant of the Prior of Whithorn in the lands of Airies, and Alexander Waus of Barnbarroch, the elder brother and predecessor of Sir Patrick Waus, and is here inserted as illustrative of the times.] Bond of Man Eent between Harry Hawthorn of Airies and Alexander Waus of Barnbarroeh, 6th November 1562. The sext day of November in the yeir of god Im v" threscoir twa yeirs, It is appoyntit, concordit, and finahe agreit, betwixt thir honorable personis wnderwrittin, that is to say Alex''. Waus of barnbarath upon that ane part, and hary hauthorne in mekle areis upon that wther part, in manner, forme, and effect, as efter 30 COREESPONDENCE OF SIR PATRICK WAU8. followis ; that is to say, the said hary hauthorne is becuming seruand to the said Alex'. Waus, and sail ryid and gang with him in all his lesum cawsis and actionis, and serif him upon the said Alex"", expensis, the quenis grace hienes, and the prior of quhitarne, beand alwayss exceipit. And in lykwyse the said Alex"', is becuming obHst to manteyne the said hary in all his lesum actionis, the quenis grace Inlykwiss beand excepit. ffor the quhilk causis, and service abone expremit, the said Alex', gaiffis to the said hary his parsonage of his saxt merk land of the mekle areis, for the yeirlie payment to hyme of the sowme of fowrteen merkis, guid and wsual money of the realme, to be paid to the said Alex', at ane teryme in the yeir. Viz. mertymes in winter all to gidder in ane sowme; The fyrst termes payment beand at mertymes in the yeir of god Im v''- threscoir thre yeiris, of the crop of threscoir twa yeiris, prowyd- and alwayss, geif ony reformatione beis maid twychand the teyndis, the said Alex', sail defalk to the said hary efter the tenour of the general reformatione. And this contract and bond to stand Induring all thair liftymes ; and athyr of the saidis parteis ar oblist hierunder for thair awin partis, and hes sub- scriwit, and causit to subseriwe, thir presentis with thair handis, as efter followis, day yeir and place abone vrittin. At Wigtoun before thir witnes, Symon M'CuUoch of mertoun, patrik mwre of carnfeyld, Alex'. M'cuUoch of kyllasser, Alex'. Waus, and Ser herbert andersone, notar publyk, with wtheris diverssris. I Hary Harthorne, with my hand led at the pen be the noter wnderwrittin, &c. Ita est michael Harthorne notarius publicus mandato dato Henrici manu propria,. [In the following contract for the sale of Artfield, a moorland farm in the Parish of New Luce, now the property of James M'Douall, Esq. of Logan, and entered in the Valuation EoU as let at an annual rent of £350, the price named is 600 marks or £333, 6s. 8d., and Mr Patrick Waus is designated as of Cascreugh. This was his residence till he succeeded to Barnbarroch. It seems to have been a good house in those times, and belonged to the Earl of CaspsilUs, from whom it was held on lease, with a CORKESPONDENCE OF SIR PATRICK WAUS. 31 large district adjoining, until Sir Patrick's death in 1597. The house, of which a considerable ruin is still standing, is remark- able as having been the residence in the following century of Lord President Dalrymple, whose iU-fated daughter was the original of the heroine of the " Bride of Lammermuir," and it was there that the scenes so pathetically related by Sir Walter Scott were enacted.] Sale of Artfield by Gilbert, Earl of Cassillis, to Mr Patrick Waus of Cascreugh, 2d March 1562-3. At the Insche the secund day of merche In the yeir of god Im fif hundreyt threscoir and twa yeirs. It is appointit, con- cordit, and finalie endit, betuix ane nobill and potent lord, gilbert erle of cassillis, lord kennedy, etc., on that ane part, and maister patrick waus of cascrev* on the vther part, in maner as efter follovis, that is to say the said m. patrik sail delyuer, and instantle delyueris, to the said erle the sovm of fyf hundryth merkis, gud and vsuell mony of Scotland, of the quhilk sovm the said erle halds him weill content and payet, and dischargis the said m. patrik, his airis, and executoris, for nov and euer ; for the quhilk the said erle bindis and oblissis him, his airis, and successoris, till Infeft and seiss heretabHe, betuix the dait heirof and the xv day of this instant, be chartour and precept, with all clavsis needfull, the said maister patrik, his airis maill, lauch- fullie gottin, or to be gottin, of his body, quhilkis failyeand, to Alex"^ vaus of barnbarrache, and his airis maill lauchfullie gottin, or to be gottin, of his body, quhilkis failyeand, to the said m. patrikis airis quhatsumeuer, in all and haill the aught merk landis of artfeld of auld extent, with the pertinentis, lyand within the barony and paroschin of glenluce, and serefdom of vigtoun ; and to be hald of ws, our airis and successoris, in few- ferm for the yeirle payment of ane penny, gaif the samen beis requirit alenerle. And sail warrand the saidis landis, and few mailis, and vther deweteis tharof, to the saidis M. patrik, and his foirsaidis, at the handis of our souerane lady the quenis grace, and hir successoris, the abbat and convent of glenluce. 32 CORRESPONDENCE OF SIR PATRICK WAUS. and all vtheris haivand, or pretendand to half, entres therto ony maner of vay, and that bot ay and quhill we, our airis or suc- cessoris, content, and thankfulle pay to the said m. patrik, and his airis, the sovm of four hundryth merks ; And quhovsone the said sovm beis payit the said erle, his airis and successoris, sail half .Ingress and regress to the saidis landis, lyk as thai half had afoir the maiking of this contract, and als the said erle bindis and oblissis him and his airis to reid and maik void the said aucht merk land of artfeld between this [and] the feist of vit- sounday nixt to cum, swa that the said M. patrik, and his foir- saidis, may occupy the samen with his proper gudis, or set the same to his subtennantis, or cotteris, as he sail think expedient. And als the said erle obKssis him and his foirsaidis nocht to lowss nor redeim the said landis for the space of fyf yeiris nixt to cum. And, geif that this present contrak be nocht sufficient, bayth the saidis perteis and thair foirsaidis oblissis thame to reforme the samen be the avice of men of vnderstanding, kepand this substance and effect ; and geif neid beis bayth is contentit that the samen be registrat in the buikis of consall, and for mair verification bayth the saidis parteis hes subscriuit this present contrak with thair handis, the day, yeir, and place abone vrytin, befoir thir vitnessis, Andro gray persone of kellis and villam stevyn, and James ross with vtheris dyuerssis. Cassillis. Mr Patk Vauss of Cascrv. Endorsed. Contract betuix my lord of cassillis and barnbarroch Anent ardfeild. Letter from Cuthbert Cuthbertson to Mr Patrick Waus, 14th March 1562-3. Sir, efter hartlie commendatioun of seruice, I wrait to your (m) of befoir anent ane boy, callit Johnne Campbell; ovther cans him to cum and mak furth his seruice to his maister, or ellis to rander the sovme of vij"'', contract in his chartour partie, quhilk CORRESPONDENCK OF SIR PATRICK WAUS. 33 I am oblist to pay, for his maister is ^ iu my evin. As for the sex lib yor (m) promissit to haue send to me, I resauit nane as yit ; and, gif It be your gud plessor, do the samyn ; vtherwayis I will not charge yow to be angre, becaus I haue chairget yow oft tymes of befoir, and man as yit. I traist god willing to be in gjiUoway, and than to desyr ane horss, as I traist ye will. This putand yow to charges, quhilk I traist in god ye sail think Iwell warit.2 Nocht ellis, bot committis yow to the eternall gods tuition and keiping. off Edr the xiiij day of March anno Lxij yeiris. at command and seruice, as knoWs god. Cuthbert cuthertstone, messinger, spoas to Jonett waus. To the Ey* Honorable and my maist speciall frend M. patrik waus Laird of barnebarro'. Eeceipt by Gilbert, Fourth Earl of Cassillis, to Mr Patrick Waus of Cascreugh, for the rents of certain lands, 15th November 1563. Jesus Maria. We gilbert, erle of cassillis, grantis vss to haife ressauit be the handis off Mr Patrik wauss off cascrv the soume of thrette iij merkis v shillings vi pence, and that for the mertimes maillis of the landis of Cascrv,^ Glenhovyll,* Gleniore,^ Treochis, Dyrres- kylben,* and ij merkland and ane half of barlokart, off the quhilk soume ve halde uss content and payit, and quett clams and dischargis the saidis Mr patrik, his Ayris, exors, and assig- nayss, for nov and ever, and off all vthir termis precedane sen his Infeyftment. In vitnes of the quhilk ve half Subscryvit this present acquitance vyth our hand. At the Inche the xv day of november, the yeir of god 1™ v" threescoyr and thre yeris, befoyr thir vitnes, thomas hoge, Dauid Kennedy, and willame steyn, vyth vtheris dyverssis. Cassillis. [Of the above-named lands Treochis is no longer to be found as the name of a farm, but in the Valuation EoU of 1878 are 1 Paper gone. " Evil, ill-spent. ' Cascreugh. *Glenhowl. « Glenjorie. « Diiskilpen. C 34 COEEESPONDENCE OF SIR PATRICK WAUS. Carsecreugh, rent £539, 8s. lOd. ; Glenhowl, £177, l7s. 6d. ; Dirskilpin, £101, 5s.; Barlockhart, £100; ditto, £208;— making a rental of £1126, lis. 4d., which in 1563 was repre- sented by sixty-six merks, and these farms were probably much more extensive at that date than they are now.J Discharge for Bishop of Galloway before Mr Patrick Waus, Commissar of Wigtown. I Jhone mykill, chalmerlane to me loyrde bischoipe of galvay, grantis me to haife ressauit be the handis of Alex"" Vans of barnebarrache the soume fyve pundis xi s viii ds, and that In compleit payment of the vidsonday of the fyve merkland of baltersen, and the fyve merkland barvennand, of the yeir of god Im v" threschoyr and fovyr ; of the quhilk soume aboune vyrtin, and all termes precedane the dait heirof. I the said Jhone grantis me to be content and payit, and dis- chargis the said Alex'', his ayris, exors, and asignayss, for nov and euer. In vitness heyrof I haife causit the commissar of vigtoune subscrife in my name, becauss I culd nocht subscrif my self, befoyr thir vitnes, thomas m'dovell of dumnerice, patrik muir of karnefeyld, and Jhone Vauss, burgess of vigtoune, vyth vtheris dyuersis. Mr Pat'' Vauss of kascrv, and commissar of vigtoune, at command of the said Jhone, with my hand. [The next two letters were probably addressed to Alexander "Waus, Sir Patrick's predecessor as Laird of Barnbarroch, but it is remarkable that in the marriage-contract of 6th August 1562, and in the letter 14th March 1562, Sir Patrick is styled as of Barnbarroch, and Laird of Barnbarroch in his elder brother's lifetime.] Letter from James Stewart, Earl of Moray, afterwards Eegent, to the Laikd of Barnbarroch, 12th April 1565. Traist freind, after maist hartlie commendationn, forsamekle COEEESPONDENCE OF SIE PATRICK WAUS. 35 as I haiff ane day off call approchand upon the first off may nixtocumis, quhairin, albeit the principall caus concerne the Q. maiesteis service, yeit sum speciall duteies haiff I alsua my selfi^, and thairfor wold be glaid to haifi' with me my freindis that day, in the quhilk number I esteme you as ane speciell, and thairfor will maist hartlie pray you that ye will do me that honor as to be with me the day preceding in Edinbrurcht, quhairin ye sail do me ane singuleir emplesour, and thus nocht doubting but ye will kep the day, accompaneyit with your honest frendis, I wUl bid you maist hartlie fareweill, resarving all uther thingis to our melting, frome Sanctandros the xii day off Aprill 1565. — Your L. assured at all poueir, James Stewart.^ To my traist freind the Lard of Barbarrothe. Summons from Queen Maey and Daenley to the Laied of Baenbaeeoch, to meet them at Stirling, "with the haill force ye may mak," 13th September 1565. Traist freind. We greet you weill. Nocht onelie hes oure rebellis, and dissobedient subjectis, thair assistaris, takin on armour, riddin with conuocatioun to and fra in the cuntre, and fortifiit and withhaldin diuerse houssis and strenthis aganis us, Bot als, as weill apperis be thair procedingis, myndis to draw in strangearis in our realme, And safar as in thame lyis to peruerf the haOl stait of our commoun weill, quhUk to ws is vnsuffer- abUl ; And we traist nane of oure faythfuU subiectis (of quhilk nowmer we specialie esteme yow) wilbe contentit of thair vn- naturall defectioun, Bot with thair lyflds and geir will set furth- wart our guid and iust querrell. Praying yow thairfoir effectuuslie That accompaneit With the haill force ye may mak, with xx dayis victualis efter your cuming, with palzeonis to ly on the feildis, ye faill nocht to addres yow to meit ws At Striuiling the ^ Lord James Stewart, natural son of King James V., by Margaret, daughter of John, fifth Earl of Mar, born 1633, constituted Prior of St Andrews 1538, by which designation he was known till created Earl of Moray, 30th January 1661-2. 36 COERESPONDENCE OF SIR PATRICK WAUS. last day of September instant, And frathyne to pas furthwart with ws to sic places as the occasioun of oure staite sail require. As ye will thairby do ws maist thankfull pleser, And gar ws confirme the same guid opinioun quhilk We euir consauit and presentlie hes of yow. Subacriuit with our hands At Dunde, the xiij day of September, 1565. Marie R Henry K. To our traist freind the Laird of Barburrauch. Letter from Sir John Bellenden, the Justice-Clerk, to Mr Patrick Waus, 23d IsTovember 1566. Brother, efter maist herty commendation, I haue bene at sum corhmonyng with the lady drowchtag^ be the avyiss of fryndis, and scho hes desyrit at me that, as his youngest sister hes maid hir powr to Intromit with hir landis in gallowaye, and Is obleist not to sell nor putt away hir landis to nane vthir hot to hir, sche desyris me vpon that sam respect for to mak hir securite for the space of ane yeir, and fordir Induring my will, and sche hes promeist to me that sche sail not annalye the landis in fyifi' to nane vther hot to me, and that be your sycht and avyiss. I am counsale be my fader Ser hew^ and other frindis not to refuiss hir of this hir desyir, yitt wald I do na thing tharintill bot be your counsale and avyiss, quhom I haue putt to all the panes bypast, and quhais help and avyiss I haue found hithertill maist proffitable, and thairfoir I haue ordanit the lady drowchtag to com vnto yow, and to mak the appoyntement wyth yow, and as evir ye and sche sail aggre I sail stand content. Farthir as to the heidis that I wald wer provydit. in the first that sche sould mak me Just compt and payment of hir haill Intro- mission, &c., and to begyn wyth the fermes of this crop allanerlie, haveand na thing to do wyth the mertymess males, nor vther 1 The Lady Drouchtag was Alison Dunbar, one of tlje heirs-portioners of Loch and Kiloonquhar. — Rug. Privy Ccmncil, 5th December 1576. 2 Sir Hew Kennedy of Girvan Mains, whose daughter he had married, and wlio was also father-in-law to Mr Patrick Waus. CORRESPONDENCE OF SIR PATRICK WAUS. 37 termes bygane. Item, that sche sail nocht clame kyndnes to the said office and rowm, hot leiff It wyth favour and kyndnes alss sone as I sail requyre, &c., And vpon thir poyntis that I may haue sufficient cautioun, and this beand putt In wryte be your avyiss, and send to me, I sail subscryve It, and send it to yow agane. And quhair as sche offris to me the sam power In hir landis in fyiff, becaus that thair is not ane penny nor boll of victale, sa fer as I can speir, to tak up thair, I cair not quethir sche mak me hir powr or nocht thairupon at thys tyme, for thair is na thing to be gottin thairaway quhill It be con- queist wyth money, or ellis wyn be the law, sa lang as euffame wemis lewis,^ gif thair be ony vther reasonable conditions, that ye think to be aggreit vpon, I am content to do as ye sail devyiss, praying yow to appardon me of the manyfald and greitt laubouris I putt you vnto, and to command me In lyik maner, quhairunto I sail be reddy, god willing, praying our god to pre- serve yow, and your bedfallow, and all vther freindis for evir. at Edinburcht this xxiiij of november 1566. ' Your brother the Justice clerk. I am crediblie Informit that the baptisme of our prynce^ salbe maid vpon the tent day of december nixtocum, apd that the queues (g) will do all thingis possible to be reddy at that day. hir (g) wes sicklye in hir Journey, bot sen sche com to craigmillar sche is weill mendand, praysed be god, and It is belefit that sche sail remane thair quhill hir passing to the baptesme. [The outer sheet with address is torn off.] Letter from Mrs Janet Kennedy of Culzean to Alexander Waus, Laird of Barnbarroch, 4th July 1566. Broder, eftir maist hartlie commendatioun for samekle as touard the siluer quhilk ye haif in your handis, ye sail wit that So long as Euphemia Wemyss lives. * James VI. 38 CORRESPONDENCE OF SIR PATRICK WAUS. I half mekle ado and gret cummerissei camin apoine me of Det, quhilk that I am extremlie handillit in sundery weyiss in sundery thingis quhilk I nevir wist of befor ; Quhairfor I will pray yow for to delyuer to this berar the siluer that your wisdoms thinkis best, considderaud the gret cummers that I haif ado. And furder ye sail wit that, war nocht the gret cimwlt^ of Det that I haif to red, assuirritlie broder I sould nevir adesyrit ane groit of yow for him. And god willing quhen I haif red sum of the dettis of me I sail Eecompence yow with alss gud ane horsse, ye considderaud at this present quhat I haif ado, and taik considderatioun thairof, as this berar will schow yow. And as for ane Discherge ye sail haif It suf&cientlie maid with James ross how sone your wisdome thinkis gud, ye keipand this vritting to youris warand quhill thane, And ye delyuerand my wiiiquhill husbandis obligatioun to this berar : or ellis broder keip It that It sail do me nor myne na skaithe, for in gud faith I sould neuer adesyrit ane |d ^ of yow, broder, war nocht that I am sa meikle left in det, and this ye sail apardoun me, and hald me excussit in the cherging of yow sa sair. Eefarand the rest to your wisdome, And lat this writ haif me hartle recommendit to my sister your bedfallov. And god haif yow in hiss keiping. of glengirvane the fourt of Julij 15606. — Be yowrs sister at powar to command, Jonet Kennedy of Culzeane. And commend me to the bemiss hartlie. To my best beluifit Broder alx' Wauss of Barnbarroch. [This letter was probably meant to be dated 1566, but all except the first figure is doubtful. If so, the writer was pro- bably a daughter of Sir Hew Kennedy of Girvan Mains, whose sister Alexander Waus' brother, Sir Patrick, had married, and so she calls him brother. Still she commends herself to the bairns, and Alexander Waus left an only daughter. How she ' Troubles. ' Cumult, accumulation. » Penny. COEEESPONDENCE OF SIE PATBICK WAUS. 39 could be " of Cukeane," and in such difficulties, does not appear in any family history to •which the editor has had access.] Letter from John Lumsden of that ilk to Mr Pateick Waus, 28th July 1560-67. Traist freind, efter hartly commendatione, forsamekle as it will pleis yow to be of mynd of the hunder pundis quhilk ye ar awand me, prayand yow, for sic plesoure as I may do yow, that ye will gar delywer to this berer sa mony young oxin and ky as will extend to the hundreth pundis wpon sic prices as thai gif with yow. the occasione of this desyre is be rasone I man plenishe som rovm that I haue tane in my awin hand this yeir. traistand that ye will tak the painis to gar ansser this berer con- forme to this my writting, and gif ye charge me ye sail find me rady to do yow plesoure as knawis god ; quhome be your keper. of Ed', the xxviij of July, Be youris at power Johne LuMESDEN of that ilk. To my trest frend persone ^ of wigtone. [Alexander Waus, whose first wife. Lady Janet Kennedy, died on 8th June 1566, married on 3d December of the same year Euphame, daughter of Sir John Dunbar of Mochrum, who was left a widow in 1568. The following contract and other papers show the settlement between her and her brother-in-law, who succeeded to the estate.] The Contract and Acquittance between SiK Pateick Waus and the Laied of Mocheum and his Sistee-in-Law (Lady Bambarroch), 10th August 1568. [Seems to be in Sir Patrick's own hand.] At Mochrum the x of August the yeir of god 1™ v° Lxviij yeiris It is appontit, and finale endit, betuix effame Dunbar, lady bamebarrache, vyth the avyss and consent off Sir Jhone Dunbar of mochrum knycht on the ane parte, and Mr Patrik 1 Written protably before he became Laird of Bambarroch in 1568. 40 CORRESPONDKNCE OF SIK PATRICK WAUS. wauss of carscrev on the vthir, In maner as eftyr foUoviss ; That is to say the saidis effame vyth the advyss of hyr saidis fadyr sellis, and analeyss, to the said Mr Patrik saxtein novitt,^ yoving^ and old, for Lxiiij libs; XL cheip for xxx libs; xx b aittis for xiii libis vi ss viij* ; iiij bs beyr for vi lib ; togyddyr vyth (Lx) libis of dett In avyn to the saidis effame, as dett in avyn to hyr vmquhill husband the tyme of his deceyss. Extend- ing In the haill to acht schoyr xiij libis vi ss viii dss;^ to be paytt to the saidis effame be the saidis Mr Patrik at the terme of sant Andross day nixt to cum, togydder vyth ane siluer piece. And alss the said Mr Patrik sail delyuer to the said Effame fovyr schoyr scheip* Invyth iiii yeir aldis, togyddyr vyth xii gryitt^ kye ; thairof iiij forrow vyth stirckis, iiij vyth kavyss,* and iiij yeld, at beltan nixtocum ; and alss sail delyuer to the saidis Effame xii dravane oxin betuix and beltan, as the saidis Effame vill requeyr, vyth ij horss and ii meris, fyve schoyr bs aittis and ten bs bayr, 1° troissis^ strae. And this to delyuer for full con- tentatione and satisfaction of hyr thrid part of the geyr and dettis ; viz* novit, naigis, scheip, corn, and beyr, and dettis, husald geyr, pertinand to hyr be the deceyss of vmquhill hyr husband. Seffand^ full pouer to the saidis Mr Patrik to intromett and uplyffte hyr thryd part pertenand to hyr ony maner of vay ; and alss the saidis Mr Patrick sail exoner and pay haill dettis that may be creifi&t apon hyr be ressone of hyr of&ce of executorie, excep me (1) of casillis chamerlances dett, and the abbot of Saulseitt, and sail releife hyr of the haill chairgis and expensis, that scho suld mak apon the vynyng of the cornis Instantle apon the grvnd. Provydyng alvayss that the sellying of the terss foyrsaidis preiuge nocht ony rycht or tytill, that scho haiss to hyr vmquhiU husbandis thrid, bot that scho may haife Ingress and ryht to the samyn, conforme to hyr saidis vmquhill husbandis testament, and bayth the saidis parteiss Is contentit that this presente appontment be registrat, and Inserit In the Serefi&s and commissars buikis of vigtoune, and that executorialis pass heyr- apon, if neid beyss. In vitnes heyrof the saidis parteys, and tutor, 1 Nowt. ' Young. 3 £173^ gg, 8j_ 4 Pourscoie sheep. " Great. ° Calves. ' One hundred trusses. 8 Saving. COEEESPONDEKCE OF 8IK PATEICK WAUS. 41 haiss subscryvit this present with thair handis, day and plaice foyrsaid, befoyr thir vitnes gavin Dunbar off baldone, Alex*^ Mayr In areovland, and Jhone hanyng with vtherss dyuerss all inter- lynyng and inmergenyng to be admittit. Mr Patk Waws off Carscrev with my hand. Agreement by which Ecthemia Dunbae, Widow of Alexandeb Waus of Bambarroch, sells her terce to Mr Pateick AVaus, his Brother and successor. Jesus. At Mochrum, the tent day of agust, the yeir of god a thow- sand fywe hundreth thri schoir acht yeiis. It is compromitit, and finaly agreit Betuix effame dunbar lady of bamebarrocht, with adwyss and consent of hir fader, ser -Jhone dunbar of moch- rum, knycht, on that ane parte ; and maister patrik Wass of cascruocht, on that vther parte, In maner as efter followis; That is to say the foirsaid effame, be wertu of compromissioune, maekis knawin to all quhom It afferis, hir to haif sawll and analiit^ to hir gud brother Maester patrik Wauss of caskruacht, the gudis and gaer vndirwrittin, quhilkis ar to say saxteine nolt youngar and older of hir thrid of nolt, fourti scheip of hir thrid of scheip, twenti bollis of attis of hir thrid of attis, fowr bollis of baer of hir thrid of baer, for the soume of awcht scoir thritteine poundis sax schellyngis awcht penniis, to be payit be the said maister patrik In ane haill soume at the fest of santandrois day nyxtocum to the said effame, hir aris, factoris, or assygnais, to gydder with ane of hir wnquhyell hisbandis syluer peicis ; for the quhilk alianasioune, and sellyng of gudis and gaer abow wryttin, the foir said maister patrik Is comprimitit, and be wertu of wortu comprimissioune bound, to delyuer to the said effame, or hir foirsaidis, fowrscoir scheipis Inwith fowr yeir auldis at beltane nyxtocum, to gydder with fowr forro^ ky and thair styrkis, fowr tydy' ky and thair cawis,* fowr yeild* ky, and alss the said maister patrik to delyuer to the said affame thritte ' Sold and alienated. ^ Not in calf. ' In calf. * Calves. ' Dry. 42 eOREESPONDENCE OF SIR PATRICK WAUS. drawying okin, twa horssis, twa meris, fiwe scoir bollis attis, ten LoUis bier, ane hundreth threvis of attis stra, furth of the barnis pf warnewarrenocht and barnebarrocht, to the said affame for hir foirsaidis ony tyme betuix and the said beHane, as scho or hir foirsaidis thynkis expedient : for the quhilkis okin, ky, scheip, nagis, come, baer, stra, to be delyuerit be the said maister patrik to the said affame. In maner as saidis, the said affame, with the awyce of hir said fader, haldis hir weUl contentit, assytit,i ^^^ payit, of all hir thrid of nolt, scheip, naigis, corne, baer, and dettis In awwand to the said affame, be wertu of hir wnquhyell hisbandis witsounday maellis last bypast ; maell and corne be hym geifin owt to the faes, and sewin scoir markis Inawwene to my said hisband be hew maxwall and James kenedy, as my said hisbandis tasment beris ; and alss the said affame grantis hir to be fullili contentit for all the haill inspreit gudis of barn- barracht, and frucht,^ and that for awcht scoir ellis lennig,^ and ane wab of blankatene, delyuerit to hir be the said maister patrik : and als the said maister patrik is boundin be wertu of this compromissione to exonor and releif the said affame of all maner of dettis and creweinis* that can be crevit of hir, owlder be resonne of offyce or Intromission e, except the dettis in awing to my (1) of cassillis chalmerlanis, and to the abbot of salset. for the quhilk the said affame geifis and grantis hir full place and powar to crawe, seisye, seik, Intromet, and wptak, all hir thrid of nolt, scheip, naigis, corne, and baer, quhaireuer he can apprehend the samin, to gydder with hir part of the foirsaidis dettis and Inspertis, reserweyng all wder dettis pertenyng to hir be hir hisbandis deceiss to hir self, and specialye the aucht hun- reth markis restand unpayit In my faderis handis; for the quhilk the said maister patrik sail maek the haill expensis and schargis of the scheryng, ledyng, and stakyng, of the grangis of fruch, warnewarnocht, and barnebarrocht; prowydyng alwayis that this samin contrak no way is prejuge the foirsaid affamis office of executore, or ony tytill or rycht that scho haifs to the half or hir wnquheill hisbandis thrid left to hir In tesment, or ony wder thingis the said affame haess rycht and tytill to. In 1 Satisfied. ^ Freugh. ' Linen. * Cravings, demands. CORRESPONDEKCE OF SIK PATRICK WAUS. 43 tesment or owt of tesment; bot that scho may crawe and clame the samin, as gef this compremit had neuer bene maid, and for affirmacioune of this compremissioun boyth the saidis parteis ar contentit the samin be Inscherit In the commiseris, or serefis, buikis of wygt'oun, and thair to haif the strencht of ane decreit, and ony of the foirsaidis Jugis awthoratiis. In wytnes of the quhilk boyth the saidis parteis haiss subscrywit this present contrak with thair handis, day, yeir, and place, foirsaid ; and haess affermit the margenyng consernyng the part of (m) patrik wass as It haid bene vrytin In to the due place ; Be foir thir wytnes, gawand dunbar of baldoune, archbald muir of ariuland, Jhone hanyng, with wderis dyuersis. Providing that the said (m) patrik haif full place to craif all restis of teyndis vith the rest of dettis, And that he salbe bwrdenit vith the thre scoir of bollis of aittis, and tuelwe oxin, menit to be in aving to the air of the frewch, bot for his awin part assuming all mergining, vndirvryting, and inter lyning, as gyf they had bene vryttin in thair dew place. I Ser John dunbar of mochrum, knycht. For my self and my dochter effam dunbar, lady of barnebarocht. Contract between Mr Patrick Waus and Euphemia Dunbar, his Brother's Widow, anent an annuity for her in lieu of her terce, November 1568. At Barnbarroch the day of the moneth of nouember the yeir of god Im v" thre scoir and aucht yeiris. It is appoyntit, concordit finalie, and aggreit, atuix ane honorabiU man, maister patrik Wauss of barnbarroch, on that ane part ; And effame Dunbar, spous to vmquhill alex"^ Wauss of barnbarrach, on that vther part, in maner, forme, and effect, as eftir foUowis. That is to say the said efPame dunbar resignis, renuncis, and ouergeif- fis, all and haill hir terce of landis and mylnis, pertening hir be decess of hir said vmquhill husband, to the said maister patrik wauss.his ayris,or assignais,to be broukit be him and his foirsaidis induring the said effame Dunbar lyftyme : ffor the quhilk the said maister . patrik be vertew of this compromissione bindis 44 COEEESPONDENCE OF SIR PATEICK WAUS. and obless him, his ayris, and assignais, to heretablie infeft be chartur and sesing the .said effame in all and haill the four merkland of nedder sonenes, and twa merkland and ane half merkland of creochis, Lyand wythin the parochin of glenluce, and serefdome of wigtoun, induring hir lyftyme ; to be haldin of the said maister patrik and his foirsaidis in few ferm for the yeirlie payment of ^ money, as he haldis the samin of my lord of cassyUis, wyth clauss of warrandice for the securitie thairof, as the said effame will devyss. And the said infeftment and sesyng of the said effame in the forsaidis landis to be vythin twenty dayis nixt eftir the dait heirof : And immediatlie thair- efter the said effame sail sett in tak and assedatione to the forsaid maister patrik Wauss and his forsaidis, induring hir lyftyme, all and haill the forsaidis landis of nedder sonenes, and creochis, for the yeirlie payment of sax scoir of merkis, vsuall money of this realm, to be payit at twa vsuall termis in the yeir, mer- teynmess in vynter, and vitsonday, be equall portionis. The entre of the said maister patrik thairto, and fyrst termis pay- ment for the samin landis, at merteinmess, in the yeir of god Im v" thre scoir and aucht yeiris ; And thaireftir to induyr yeir be yeir, and terme be terme, induring the said effame Dunbar lyftyme. Attour the said maister patrik Wauss of barnbarach sail sett in tak, or rentall, to the said effame Dunbar all and haill the teyndis gerbalis, viz. teyndis parsonage of the sax merkland of the borlandis of Longcaster, and four merkland of culgarye, per- tening in coniunctfeftment to the said effame, for the yeirlie payment of twenty merkis money forsaid, at termis aboue speci- feit. The entre of the said effame thairto in and to the crope of the yeir of god Im v" thre scoir and aucht yeiris. And the said maister patrik sail varrand the forsaid teyndis to the forsaid effame for the yeirlie payment forsaid at all handis haiffand, or sail clame, entres to the said teyndis in tyme to cum, induring the said effame dunbar lyftyme. And lykvyss the said maister patrik sail caus the myllar of Wauss myln to schyll,^ and grynd, the haill cornis, malt, beir, aytis quhyte, yeirlie growand on the for- ^ Blank in original. ^ Sheal, to take the husks off seeds. COERESPONDENCE OF SIR PATRICK WAUS. 45 saidis landis of borland of Longcaster and culgarie, mvltir fre, induring the said effame Dunbar lyftyme, fPor the yeirlie pay- ment be the occupyaris of the saidis landis, as the occupyaris thairof was in vse to pay to the myllaris and myln forsaid in tyme of vmquhyll alex"^ Wauss of barnbarroch. And als the said maister patrik and his forsaidis sail releif the said effame of all teyndis and mvltiris, that may be crayfifit hir for the landis and mylnis of hir terce coniunctfeftment forsaid, And als the landis gevin hir in the parochin of glenluce for con- tentatione of hir terce; Except the twenty merkis money for the teynd schaiffis of borland and culgarie. providing alwais that geif the said maister patrik or his forsaidis maik nocht termlie payment of the sovm of sax scoir merkis yeirlie in maher abone specifeit, hot postponis, and deferris, the said Effame fourty dayis efter the terme. Than and in that cace it salbe lesum to the said effame to poynd, intromit, and vplyft, ane haill yeiris fermis and dewteis of the saidis landis of sonones, and creochis, but ony proces of poynding, or comprising, at the mercat croce, conforme to the act of parliament, or contradictioun or impediment to be maid be the said maister patrik, his foirsaidis, or tennentis of the groundis, to the said effame, or ony haiffand hir place to poynd, or intromit wyth, the haill fermis and dewteis forsaid. And geif it salhappin the tennentis, or occupyaris, of the saidis landis to persew the said effame, or ony vther intromettour in hir name, for the intromissioun and poynding of the fermis and dewteis of the landis forsaidis, quhairby the said effame, or ony vther intromettouris thairwyth in hir name, incurris ony skayth, or apperance of danger. In that cace the said maister patrik bindis and oblessis him, and his forsaidis, to releyff, warrand, and keip skaythles, the said effame, and intromettouris in hir name thair- wyth, fra all inconvenientis at the handis of the tennentis, or occupyaris, of the said ground, or ony vther persone that may impute fait thairto. And for obseruing, keping, and fulfilling of all and syndrie thir premissis baith the saidis parteis wUl that this present appoyntment be inserit in the sereff court buykis of wigtoun, and commissar buykis of wigtoun, respectiue. And the Jugis auctoritie to be interponit, and preceptis and executorialis 46 CORRESPONDENCE OF SIR PATRICK WAUS. to pas thairvpon on the partie nocht kepand at the instance of the partie keipand, in forme as efferis. In vitnes heirof baith the saidis parteis hes subscriuit the samin, viz. the said maister patrik vyth his hand, and the said effame be the notar vnder- virtin at hir command, becaus scho culd nocht writ, hir hand tuiching the pen; day, yeir, and place, forsaid, Before thir vitnes, archibald mwre in areullan, Ser loweis fryssall, minister of mochrum, John Dunbar, and william steill, wy th vtheris diuersis. lAnd Sua Is thair to be payitt fre to the saidis Effame yeirlie Indvring hyr lyftim the soum of ane hundyreth merkis. I peter m^ilwyane, notar public, at the command of the forsaid effame dunbar, hir hand tuiching the pen, wyth my hand. [It was stated in the Introduction that Alexander Waus left an only daughter Helen, who was forcibly carried off from her uncle's house of Cascreugh, and married to Alexander M'Kie, son of Sir Archibald M'Kie of Merton. From the following papers and letters one may learn how an heiress was treated in those turbulent times. She seems to have been heiress to a two and a half mark land, called Drumjargan, which was un- entailed, and of course to her father's personal property, if any. Immediately after her father's death, the gift of her ward and marriage was given to the Justice-Clerk, Sir John Bellenden of Auchnoul, who was her uncle's brother-in-law,^ and he lost no time in enforcing his claims. But the Laird of Merton, Sir Archibald M'Kie, whose house was about seven miles from Barnbarroch, wished to obtain her fortune for his younger son Alexander, and that he was plotting to carry her off seems to have been suspected; for a letter by George Malcolm was written to put Mr Patrick Waus on his guard. The M'Kies broke into and plundered the house of Cascreugh on the 31st July 1568, and carried oft' Helen Waus, then eleven years of age. On the 7th September, when Sir J. Bellenden's procurator found his ward, she was at the Lochwood, the stronghold of the Johnstons, who were of the King's party, while her family's ' This is in a different hand. ^ See p. 36, footnote. CORRESPONDENCE OF SIR PATRICK WAUS. 47 friends were of the Queen's. All the witnesses to ^ihe notarial instrument then drawn up were Johnstons ; and, although she had been carried off by the M'Kies nearly six weeks before, the procurator for Sir J. Bellenden still went through the form of offering her a choice of four eldest sons of good family in mar- riage, and on her refusal claimed the usual fine. The M'Kies were all put to the horn on 11th August for the robbery, and a further warrant against them was issued on 7th September, in which the abduction is mentioned. It had not been alluded to in the king's letter of 11 th August. Alexander Stewart, younger of Garlies, wrote on 6th August, a week after the outrage, that he had been told by one of the M'Kies that his own father, the Laird of Garlies, and the Laird of Mochrum were both privy to what M'Kie called " his brother's enterprise." The warrant is followed by a letter from Alexander M'Kie, apologising, and wishing to make terms, and to be forgiven by the uncle. It is not dated, but was probably written in 1568. After this is inserted a discharge by Alexander M'Kie, dated in 1575, for 8350 merks in full of his wife's fortune. This concludes the history of this affair, and leads to the conclusion that a re- conciliation had taken place. Two more letters of M'Kie's are given without date, in one of which he calls himself Mr Waus's son, and in the other his friend. It is likely from the addresses that these were both written before the end of 1575, when Mr Patrick Waus was appointed a Judge. The first, in which a Eegent is named, must have been written before March 1577-8. [It would appear from the amount of money and property which the M'Kies were accused of carrying away from Cascreugh (viz. : 8000 merks in money, and plate, jewels, etc., to the value of £3000), that the Laird of Barnbarroch was a man of wealth at that time. It was probably taken as his niece's tocher, and may have been repaid at or before the final settlement, although there is no record extant to that effect. There is a curious fact about this affair. There is in the charter chest at Barnbarroch a grant to Mr Patrick Waus of Cascreugh by Queen Mary (without date) of the ward and non-entry to his late brother's lands, and of 48 COKRESPONDENCE OF SIR PATRICK WAUS. the marriage of Helen Waus, and also of the escheat of Alexander M'Kie, brother to Archibald M'Kie of Merton, because of his assisting James, Earl of Moray, in the down-casting of Lochinvar's place of Kenmure, and also for the treasonable " revesing of our lige and pupill Helene vauss." This document, which is in perfect preservation, has the word gratis in the Queen's hand under her signature, and on the back is written in a sixteenth century hand "ane singnatour for the layrde off Barnebarracht to be Subscryvit be the quenis ma*® gratis." The Regent Moray cast down the place of Kenmure in June 1568, a month after the battle of Langside, and this deed of gift must have been signed by Queen Mary during her imprisonment in England, and it shows that Alexander M'Kie was acting on the Eegent's or King's side.] Procuratory by Sir John Bellenden anent the Gift of the Marriage of Helen Waus, 28th July 1568. Be it kend till all men be thir present lettres me Ser Johne bellendene of auchinowle, knycht, donatour to the mariage of helyne wauss, air and dochtir to vmquhile Alexander wauss of barnbarroch, be virtu of our souerane lordis lettres of gift, with avyn consent and assent of James erle of murray, lord abiruthie, and Eegent,vndir the priuie seall, of the dait at edy"^ the thretteyne day of Julii in the yeir of god Im v" Lxviii yeiris. To haif maid, constitute, creat, and ordanit, and be thir present lettres maikis, constitutis, creatis, and ordanis, honorabill men, James makclel- lane of nuntoun, herbart Johnstoun seruand to maister patrik wauss of cascrew, . . . and ilk ane of thame, coniunctlie and seueralie, my verray lauchfuU, vndouttit, and irreuocabill, actoris, factoris, procuratoris, and speciall messingerris, and erand beraris, Gevand, granttand, and committand, to my saidis procuratoris, and to Ilk ane of thame, in my name and vpon my behalf, my verry fre, plane, power, express bidding, and command, To pass to the personall presence of the said helyne wauss, air and dochtir to the foirsaid vmquhile alex' vauss of barnbarroch quhateuir day and plase quhair scho may be apprehendit, and thair to compair and name to hir in my name, as donatour foir- CORRESPONDENCE OF SIR PATRICK WAUS. 49 said, ane sufficient person, equall in bluide and leving to the said helyne, as salbe gevin to zer in boll> and gif scho refussis, thairupon Instrumentis to ask, lyft, and raiss, and protest, as the law levis for the dowbill and tripill of the availl of hir mariage. And In speciell to nominat to hir vchreid m'dowell, sone and apperand air to vchreid m'dowell of gathland, williame makcuUoch, sone and apperand air to Sympn m'cuUoch of myr- toun, Johne m'cuUoch, sone and apperand air to Johne mak- cuUoch of torhouss, and generale aU and sindrie vthir thingis to do execute, use and ^ with I mycht do my self, and (an) I war personally present, ferme and stabill, vnder the pane and tynsaU of all my gudes and vnmovabiU, present and for to cum. In witnes of the quhilk thing I haif subscriuit this present pro- curatorie with my hand at edinburgh, the xxvii day of Julij, the yeir of god Im v" Lxviii yeris, befoir thir vitnes, Johne grahame, parson of sanddy, James purdie, kyntyre persuivant, and wil- liame IngUs, with utheris diversis. Ser Johne bellenden wyth my hand. Endorsed The gift off helein Wauss mariage and off the ward off Drumjargane. Letter from George M"=Come (Malcolm) to Mr Patrick Waus of Barnbarroch. Traist honorabill ser, efter hartUe commendacioun to lat yow vit at* the lard of blacan is cumm to cutreich this last tysday at ewin, and his ladie; at* thay convenit this last tursday the lard of mortoun* and sandie m'=kie to ga to sum purpus, that is other to cum apone vs, to pure us,^ or else vpone your self: for that tak guid tent to aU thing as your visdome thinkis, ffor thay wUl gang to sum purpos schortlie. for that vrit 1 Indistinct in original. " Illegible. ' That. ■* Sir Archibald M'Kie of Merton, or Myretoun. ^ To impoverish or rob us. Doubtful in original. D 50 COEKESPONDENCE OF SIR PATEICK WAUS. to me quhat^ vill haue me doand in all Lucis,^ and I vilbe as emist as I doo or may. And nocht ellis bot god haue yow in his keiping. I gorg m^come at all pouer. [The writer of the following letter was the son of Sir Alexander Stewart of Garlies, who was a Privy Counsellor, and had been Am- bassador to Henry VIII. He survived this son, who was killed on 2d September 1571 in the surprise of Stirling by Buccleugh and others. He had married Catherine, daughter and co-heiress of Lord Herries, several of whose letters will be found hereafter.] Letter from Alexander Stewart of Garlies, Younger, to Mr Patrick Waus of Barnbarroch, 6th August 1568. Eftir my harte commendations unto you, right speciaU eyme, this present is to advertise you that Pete M°Kee was dissyrus to spek with me, and to that effect dissyrid my assurance, and becauss the said young man is sum part opin in his commoning, I thoght it meit to spek with him. eftir lang resoning I re- querid him whow he durst interpryss oney sek matter, consider- ing that ye ware ane speciall frind of our houss — his answer was that the Larde my father was prevey to the interpryss or^ it was takein upon hand, and tharfor thai did no thing without thar masteris advyss. this was planle spokein be the said Pate M'=Kee in presence of myself, and Wilzelm Cokburne, servand to the lard of Skerling, Tomas Hanney of Keponach, Habbe Maxvell, Eobart Wallace in Drumbark, and dyveris uderis ; and becauss of this report forsaid my counsell is that ye causs the lard my father to convein befor certane of his frindis, and burdin him what will be his part concerning this acione of youris, and, gewe he will mantein your causs, dissyr him to declare the sam befor the frindis that shalbe conveined for the tyme ; for I assure ^ " Yow " is probably omitted. ' This word may be a contraction for " letteris," or it may mean the parishes of Old and New Luce, in the former of which was the house of Cascreugh, which was threatened. ' Before. COERESPONDENCB OF SIR PATKICK WAUS. 51 you Pate M^Kee hes spokein to dyveris of my servandis, and says planele that the lard my father, and the lard of mochrum, ware beth prevey to his broderis interpryss. what ye haif to reqlieir beth of the tene and the vder^ your vesdome knavis the best tharof. I am advertisid that Sande M°Kee is to ryde shortle in Galloway, tharfor I think it best that ye remane in Barnbaroch with your sarvandis and haif tham in redenes, for gewe I can haif worde at you or his cumming ovir Krei I sail nocht faUl god wUling to send you word, and sail oudir haif him, or ellis he sail have me. I wUl nocht truble you with farder vreting, bute committis yow to the proteccione of the eternall god, who haif you in his blessed keiping — vritin from Dals(wentoun) the vi day of August 1568 be youris eyme at pouer. Alexander Steuart of Garleis, Younger. 'Ho my Speciall Eyme Mr Patrek Vauss of Barnbaroth. The King's Letters, etc., against M'Kies of Myretoun M'Kie, and Others, for breaking into and plundering Mr Patrick Waus's house of Cascreugh, 11th August 1568. James be the grace of god king of scottis To our louittis Andro Bannatyn etc. greeting, fforsamekle as It is humlie menit and schowin to ws be our louit Maister patrik Waus of carscrufe That g"^ ar^ M^ke of myretoun m^ke, alx' m^ke, and patrik M°ke his brother, duncane m°ke burges of quhiterne, Johne m^ke sone to Issobell mwre in torhous Meggis, sande m"ke, als sande duncane, Johnne boig howshaldman and seruand to the said lard of myretoun m^ke, vyth thair complices, with conuoca- tioun of oure liegis bodin in feir of wair, Eecentlie vpoun the last day of Julii lastbipast, in tyme of wacance. Come to the said maister patrikis place of carscruf, lyand within oure serefdome of wigtoun. And thair in his absence, vndir silence of nycht, brak up sevin burdin dueris^ of his said place, and perforce enterit 1 The one and the other. ' Seven boarded doors. 52 CORRESPONDENCE OF SIR PATRICK WAUS. thairin, and maisterfulie and violentlie reft, spulyeit, and away- tuke furth of his cofferis within the samen place in gold and silver, cunyeit and uncunyeit,i The sowme of aucht thowsand merkis ; In goldein work sic as chenyies, beltis, ringis, braislettis, taiblettis, tergettis, perlis, and pretious stanis. To the valour of twa thowsand pundis ; Togidder with his haill siluer work to the valour of ane thowsand markis ; with all and sindrie evidentis^ pertening to vmquhyle Alex"^ wauss of barnebarroth his broder and him. Than being in his possessioun as his proper gudis, and withhaldis the samyn fra him as yit. ffor the quhilk caus the said Maister patrik hes raisit our vtheris lettres ffor calling of thame to underly our Lawis at ane certane peremptor day, and lykwyiss for spoliatioun of the samyn gudis in maner foirsaid. Quhilkis persones, as the said complener is informit, befoir ony proces or decrete be vsit aganis thame be virtew of oure saidis vtheris lettres, intendis to sell, annalie, dispone, and put away thair haill gudis, geir, Landis, rentis, possessionis, and vtheris pertening to thame, and to mak prime assignationis, resignationis, and dispositionis thairof in defraud of the said M"" patrik anent his intentit caus foirsaid, Swa that he salbe alluterlie^ frustrat of all peyment or restitutionn of his gudis and geir foirsaid, albeit he obtene decrete in the premissis, without we and the Lordis of oure counsale prowyde remeid as is allegit. Oure Will is heir- fore, and we charge you strictlie and commandis, that incontinent thir oure lettres sene, ye pas and in oure name and auctoritie be oppin proclamatioun at the mercat croce of our burcht of Vig- toune, and vtheris places neidfuU, Command and charge all and sindrye our liegis That nane of thame tak vpoun hand To by, ressave in wodsett keping tak, or vthervyiss sell the saidis per- sones ony thair cornis, cattell, insyt* gudis, or geir quhatsumeuer, pertening to thame. Or yit ressave ony assignationis, resigna- tionis, or dispositionis, vpoun ony thair landis, rentis, or posses- sionis, in defraude of the said complener, as said is, with certifi- catioun to thame, and thai do in the contrar, the samen salbe haldin of nane awale, force, nor effect, according to the lawis of our realme, and conforme to iustice, as ye will anser to ws thair- ' Coiaed and uncoined. ' Title deeds, ' Utterly. * Furniture. CORRESPONDENCE OF SIR PATRICK AVAUS. 53 upoun. The quhilk to do we commit to you, coniunctlie and seueralie, our full powar be tliir our lettres, deliuering thame be you dewlie execute, and endorsit agane to the berare. Gevin vndir our signet At edinburcht, the xi day of august, and of our Eegnne the secund yeir. Ex deliberatione dominorum consilii. J. Bannatyne. Endorsed Letteris vpon the m^kies for revesing helein wauss. Notarial Instrument, 6th September 1568. At the Lochwood, tlie saxt daye of September, yeir of god ane thousand fif hundreth thre scoir and aucht yeii-is, and of or souerane lordis Eegne the first yeir. The quilk daye personally comperit ane honorable man, James M^Clellane of the Nuntoun, procurator to ane noble man, Ser Johnne Ballenden of Auchinuole knycht, as the said James letti'es of procuratory playnly and oppinlye wes red, writtin at edinburght the xxvij of Julij, of the yeir of god ane thousand V* Ixviij yeris, and subscriuit with the hand of the stud Ser Johnne Bellenden knycht, as the said procurator allegit. And thair the said James M'Clellane, procurator foi-said, passit to the personall presens of Helene Wauss, air to vmquhill Alex- ander Wans of Barnbarroch, and causit me notar vndervrittin to reid in presens of the said Heleyne, and witnes vnderviittin, ane copy of our soueranis lordis lettres, gevin vnder the pryve seUl (as said procurator allegit), eopiit and subscriuit be the hand of Herbert Andersoun notar, daitit at Edinbm-ght the threttein daye of Julij, yeir of god ane thousand fif hundreth thre scoir and aucht yeris, as the said copy of our soueranis letteris mair fully le proportis ; And thair in presens of the said Helene and vitnes vnder namyt schew that the said Ser Johnne Bellen- den off Auchinuvle Knycht, wes donator, and had be gift of our souerane lord the ward, of aU and haill the tua merk land and ane half of auld extent of the landis of Drumlaigane, with tlie pertinentis, liand witliin parochin of Kirkkynner and the Shirefdom of Vigtoun, pertenand to vrnquMU Alexander Waus 54 COERESPONDENCE OF SIR PATRICK WAUS. of Barnbarroch, and now throw his decess perteneyng to our said souerane, quhill the lauchtfuU entre of air or airis entre of the said vmquhill Alexander, being of lauchtfuU aige, with releif thairof quhen it salhappin, with all malis, fermes, proffettis, and deueteis thairof, of all termes bigane and to cum, quhill the lauchtfuU entre of air or airis perteneing to the said vmquhUe Alexander, Togidder with the mariage of Helene Vans, air to the said vmquhill Alexander, with power to the said donator to dispoine thairvpoun at his plesour, as at mair lentht is contenit in the said copy of our souerane lordis lettres of Gift. The said James M°Clellane procurator forsaid gaif the said Heleine to choiss quhydder scho wald mary ane thir foure personis wnder- writtin, equaU to hir in leving and bluyd, that is to saye Wthreid M^Dowgall, sone and apperand air to Wthreid M°Dow- gall of Gartland, Andro Agknew, sone and apperand air to Patrik Agknew shireff of Wigtoun, Williame M'CuUocht, son and apperand air to Symon M'^CuUocht of Mertoun, or Johnne M'CuUocht, son and apperand air to Johnne M°Cullocht of Torhous ; the quhilkis personis the said Heleine refusit to tak ony of thaym in mariage. Quhairfor the said James, procurator forsaid, protestit in the saidis donatoris nayme, and his assignais, for the doubiU and tribiU of hir mariage ; vpone the quhilkis, all and syndrie the premissis, the said James, procurator aboue vrittin, of me, notar publict under specifiit, askit ane instru- ment. Done about tuelf houris at nvine, daye, yeir, moneth, and plaiss, and yeir of our souerane lordis Eegne, abouevrittin, Befoir thir vitnes, honorabill men ; Johnne Johnnstoun of that ilk, James Johnstoun of Corry, Johnne Johnstoun of Gretno, Dauid Johnstoun in the Clairquhite, Herbert Johnnstoun, ser- vand to Mr Patrik Waus of Gascrew, and Duncans M^Kee, witnes to the premissis, askit and Eequirit. Ita est Dauid Mayne Notarius in premissis Teste mea manu per dictum procuratorem requisitus. [On the back] Ane Instrument q' Heline Vauss refuissit ane mariag con- forme to the kingis gift. CORRESPONDENCE OF SIR PATRICK WAUS. 55 Warrant against M'Kie and Others, Abductors of Helen Watjs, 7th September 1568. James be the grace of god king of Scottis To our lovittis messingeris our sheriffis in that parte, con- iunctlie and seviralie, specialie constituit greting. Forsamekle as it is humlie menit and schewn to ws be our lovittis Helene waus, dochter and air of lyne of umqle Alex"" Waus of berno- barroch, Mr Patrick "Waus of carscrufe, hir tutour, lawfuU ad- ministrator, and governor principalie, and our wellbelovit famil- liarre clerk and counsalour Maister Johnne Spens of condye, our advocat. That Sir Archibald M'=Ke of myrrtoun M°Ke, patrick M°Ke his brouther, Duncan M°Ke burges of quhithorne, Johnne M^Ke, Sonne to Issobell mure in torhouss megge, sande M^Ke, also sande duncane, Johnne boig, houshald man and servand to the said lard of myretoun, Johnne M'^kene in glesnok, Johnne forsyt, archebald forsyt his bruther, John M^Morrye, and fergus kyn[er]came wer orderlie denunceit our rebellis, and putt to our home, be virtew of our utheris lettres in default of finding of sowerte to underlye our lawis for arte and parte of the cuming be way of hamesuckyn to the said Mr Patrikis duelling place of Carscrufe, and in his absence, with convocatioun of our liegis, bodin in feir of weir, In maist awfull and crewale maner assegit his wyfe with the said Helene and utheris his servandis thair- intill for thair slauchteris, And thaireftir perforce bruk up the durris thairof, enterit thairin, and maisterfulie reft and revesit the said Helene, being ane pupiU within the age of (xi yeris), had her away with thame, and as yet hauldis and usis hir in thraldome and captivitie at thair plesor; and als thiftuouslie, be way of stouth reift,^ undtr sUence of nycht, reft and away- tuke furth of his cofferis, in gold and silver merkis, the sowme of aucht thowsand merkis, togidder with his haill goldin and silver work, jeweUs, insycht,^ and utheris to the valor of three thowsand punds, as at mair lenth is contenit in our utheris lettres directed thairupoun. And sen the denuncia- tioun of the foirsaidis persones our rebellis Thay at all tymes, and as yit, hantis, frequentis, and repairis within, the said toun > Theft with violence. ' Furniture. 56 COREESPONDENCE OF SIR PATRICK "WAUS. of wigtoun, gangis and resortis in kirkis, mercaitis, and all utheris pairtis and places of the cuntre, as thai wer our free lieges; and swa, not regardand our auctoritie, continewis in thair rebel- lion and wikkitness in hie and manifest contemptioun of our lawis, as is allegit. Oure wiU is heirfoir, and we charges yow straitlie and commandis that, incontinent thir our lettres sene, ye pass, and in our name and auctoritie, command and charge oure sherreffis of Air, Wigtoun, and Drumfreiss, and thair de- puttis, Stewartis of Kirkcudbryth, Annirdaill, and provest and baillies of our burrowis of Air, Drumfreiss, and Wigtoun, and utheris, within quhais bounds our saidis rebellis sail happen to be or repair for the time, To serche, seik, and tak thame quhair ewir thai may be apprehendit within the boundis of thair ofBcis, and to bring and present thaim to our iustice and his deputtis, To be puneist for thair demeritis; And, gyf ony of thame happeneis to pas to strengthis or howsis. To lay segis thairto ; And that thai conuocat and assemble our lieges to that effect, and gif thai refuiss to be taken, and in taking happennis to be slane, hurt, or woundit, our saidis sherrif&&, stewartis, baillies, nor utheris thair sutaris^ sail not incur danger nor skayt in thair persons, landis, nor gudis, nor be calUt criminalie nor ciuilie thairfor in tyme cuming ; And that ye charge our said sherrifiis, thair deputtis, stewartis, prowestis, and baUlies of our burrowis thairto under the pane of tinsale^ of thair of&ces, and to be repute and holden as plain assistaris and part-takeris with our saidis rebellis in thair rebellioun, and salbe callit and persewit thairfoir at particular dyettis as acordis ; And also that ye in our name and auctoritie command and charge all barronis, gentilmen, and freehoulderis within the said boundis To assist and concur with our saidis sherriffis, stewartis, and utheris foir- saidis, in taking and presenting our said rebellis, as said is, under the pane to be callit as assistaris with them in thair rebellioun, and callet andpersewit in our name foirsaid, as ye will answer to us thairupoun. Becaus the lordis of our counsale hes sene our utheris lettres of hoirning deulie execute and indorsit. As ye will answer to ws thairupoun ; The quhilk to do we commit 1 Sute, a following ; sutar, follower. " Loss. CORRESPONDENCE OE SIR PATRICK WAUS. 57 to you coniunctlie and severalie our full power be thir our lettres, delivering thaim to yow dewlie registrat and indorsit agane to the berare. Given under our "signet, At Edinburcht, the sevent day of September, And of our regne the secund yeir. Ex deliberatione dominorum consilii. J. Bannatyne. Letter from Alexander M'Kie of Balseir to Mr Patrick Waus of Barnbarroch. [Holograph.] Ey' honorable Sir, eftir my hartlie commend atioun, geif I be war swir that my recommendatioun wad be resauit hartfulle, albeit I haif not desaruit the same, bot I taik god to witnes quhidder I was myndit to mend the gret offens I haue com- myttit to yow or nocht. Albeit that my fryndis was slewthtfuU to maik sik offiris to yow as I commandit thame, and for laik of thair diligens ye did schame to my brother in the mene tyme, quhilk neuer had wyit^ of the thing I commyttit to yow; bot I. neuer culd wyit^ yow to haue done your wttir power to me for that thing I did, for I desaruit it weill ; bot with goddis grace I sail mend that to your honour as ye will deuyis, and all thingis being mendit to your honour, I purpois with goddis grace to stand yow in as guid steid as ye had gottin sum grettar allye. and farder Ser ye sail wit I desyrit ane serwand of youris to speik sum thing to yow in my name, quha schew me your guid mynd towardis me albeit I haue not desaruit it, as I said befor. And ye schew me at^ the prensipall poynt of your desyir was to speik with your brother dochter, to he quhow scho is content with me, and, Ser, geif that may satife your honour or your will, ye sail haue that ; and apoynt ye the place, quhen or quhair ye pleis, I sail bring hir to the hUlis, or to the wattir of de,^ or wr,* or to the ferre,^ or quhar your m thinkis gud, bot I will neuer put hir in the handis of ony in galway for sik caussis as I sail schaw yow, geif euer god fortonnis ws to speik togidder, quhilk ye sail think resonabill. and farder, geif I war assurit at^ ye waid keip my writ in secreit, I wad writ mair nor I dar as this 1 BJame. " That. ' Dee. « Urr. Ferry, i.e. over the Cree, near Wigtown. 58 CORRESPONDENCE OF SIR PATRICK WAUS. tyme faillis ; And farder I desyr yow to cast away the grwge at^ ye had at me owt of your mynd, for deuiss ye the way quhow I may mend it and I salbe content. And farder, Ser, geif ye be the man that your seruand allegeis that waid my Weill, geif your honour war restorit, aduerteiss me in wret bayth of your gud counsall, and your haill mynd towardis me ; quhow your M waid I wsit my self bayth to your honour and my weill. And farder, Ser, I taik god to witnes quhudder it yid far in my haycht^ or nocht the offence at^ I commyttit to yow, albeit the counsall of men, and sik as regardis Lytill the eftircum of it, gar me interpryiss that mater agane my will, bot thair is na thing of that natar, bot of twa ewillis to taik best. I desyr yow rycht affectusle at^ ye waid not discryue my wretting to na creator, Lik as I sail keip counsall in the wther hand. And aduerteiss me in wret with this berar quhat ye waid be at. nocht ellis, bot god haue yow in keiping. be yrouris may be at the Lenth quhen god plessis. AU'^ m^kee. To the honorable and my frynd may be At Lenth albeit sum waid the contrar. Maister Patrik waus off barmbarouch. Discharge by Alexander M'Kie to Mr Patrick Waus for 8350 merks, 17th May 1575. Be It kend till all men be thir present lettres me Alex' M"Kee in quithillis,* with consent and assent of Helene Wauss my spous, grantis us to haiff resavit fra ane rycht bono" man, Mr patrik Wauss of Barnbarach, the sowme of auchte iij hundreth and fyftie merkis gude and usual money of Scotland, in haiU and compleit payment of all landis, wadsettis, airship, gudis, heri- tage, sowmes of money, dettis, guddis, and geir whatsumever, perteining to me the said Helene, or that I mycht craiff or ask ony maner of way throwe the decess of umquhUe Alex' Wauss of barnbarach my father, and Jonete Kennedy my modir, odir be airship, or be wertew of office of executerie of the saidis umquhile Alex' and Jonete, or yit throwe legacie of thaim ; of ' That. = Oath. s Whitehills. CORRESPONDENCE OF SIR PATRICK WAUS. 59 the quhilk sowme for the caussis above expremit, and in haill and compleit payment of all maner of rycht and actioun per- teining to me as said is, we grant ws weill content, and thank- fully payit, conforme to the tenor of ane contract maid betwix us on the ane parte, and the said Mr Patrik on the uther part, of this dait. At Edin'' the fyftyne day of Maij in the yeires of God ane thowsand five hundreth thre scoir and threttein yeiris, and registrat in the buikis of the commisseris at Wigtown ; exhon- ouris, quitlaimes, and dischargis the said Mr Patrik, his airis, exors, and assign', ffor vs, our airis, exors, and assignaris thairof, for now and ewir mair, but fraud or gyle. In Witness heirof we haiff subscryuit this present acquittance and discharge with our handis as followis, at Wigtown the xvii day of May in the yeir of God 1™ v" threscoir fyftein yeris. Befoir thir vitnessis, Aley' Wauss, burges in quhitthorne, James Haden, Johnne M'Morrane, clerk, and Sir Herbert Andersone, notar publict, with utheris diuersis. I allex M°Kie vith my hand. Letter by Alexaitder M'Kie to Mr Patrick Waits. Eycht honorabill Ser, efter my hartlie commendatioun and seruice, ye sail wit that my lord Justice dark dois mekill for me for your causs, and vill get me my remissioun or I cum hame, thairfor ser ye may send me out thre hundrith merkis of mony for the samyn, and lat na man ken at I am apointtit exsep my wyif. and siklik ser the regent hes bene varray fawarahill to me for your requesting quhen ye var present. I pray yow send ane wretting to thank the Justice dark for his gudness to me. Ser ye may send the siluer vith sum sacreit traist hand, and gar it cum vith als gret delegence as ye may. for godis causs confort my vyif. I vas in haist ser at the vritting of this, for my lord regent send me ane messag, quhilk I sail gar your M know at our meting, nocht ellis, bot I may prayss god at I had your M to do for me at this tyme, quhilk, geif I haif ane lyif, sail nocht be for yet. commend me to your bedfallow. — Be youris sone to my pouer, Alex m'ke. To the rycht honorabill and my father M patrik vauss of barnbarroch. 60 COEEESPONDENCE OF SIR PATEICK WAUS. Letter from Alexander M'Kie of Balseir to the Laied of Baenbaeeogh. Eycht traist frynd, eftir hartle commendation, I have sens your letter declaring that ye wret to me befor, desyring me to be at poynt with yow anent Jhames Kenady ; as for anser I knaw na thing at I haif ado with yow twyching Jhames Kenady ; bot as consarning my kyndlie roum, quhilk ye haif bocht, there is na thing I aucht to do to yow thereanent bot I salbe willing to satefie yow acording to resone, and meins nocht ye salbe any losar at our handis, and to that affec is content to meit yow in Wigtoun, or Kirkynner, or quhat place ye will apoynt, owthir moninday or tyisday apon your aduerteissment, or ony uther day ye vill apoynt ; and your anser in wret with the berar quhat day ye apoynt, or quhat place, nocht ellis to meting. — youris frynd at power, Alex"^ M'Ke.of Balseir. be w" skant of pepar. To the Honorabill and my Lowing frynd the Lard of barnbarroch this geif, [Lord Glamis was brother-in-law to Gilbert, fourth Earl of Cassillis, who had married his sister Margaret Lyon ; and the occasion of this letter was, that on the preceding day, 19th August, Cassillis was forfeited for having treasonably conspired against the King at the battle of Langside. Glamis writes to Barnbarroch as the manager of the earl's affairs. The following extracts from the Eecords of Parliament show that the friends took his advice without delay. On 24th August, the Lairds of Blairquhan, Barganye, Cloncaird, Paul Eeid, burgess of Air, etc., " Protestit that the foirfaltour of the Erie of Cassillis prejuge nocht thame nor nane of them ; " and on 17th November 1569, " My Lord Eegent declarit that my Lord Cassillis hes maid dew obedience to the Kingis grace, and has thairfoir ordanit him to be deletit furth of the Summondis."] CORRESPONDENCE OF SIR PATRICK WAUS. 61 Letter from John, Lord G-lamis, to the Laird of Barnbarroch, 20th August 1568. Eftir my maist hartlye commeudatioun, eftir the cumming of this berar to this toun, I spak with my lord regent for the con- teuwatiouu of my 1 forfaltour, quhom I fand as faworable I as wald haf luikit for, as my lord will knaw quhom throuch better he sail desserne better as his grace haudis. ye knaw It wilbe esye to forfalte, but harde enuch to remede It; quhowbeit my lord regent wes willing thairto herefter ; Therfoir I thocht It my dewtey to put yow his frendis In remembrance herof, quhom I will pray to gif my lord regent consall in sik sort that his houss, quhilk hitherto hes neuir bene In danger, may eschew the forfalte, quhilk, but the performance of his dewtey to the kingis ma**, and his g regent, wilbe hard to do, and harder to be helpit herefter. I nede to writ na forder at this tyme, nocht dowting but the luf of my 1 houss will mowe yow to se to the weiU thairof. I wald be aduertest planely In writ quhat I may promess In my lordis name, and haist the berar, for It wilbe hard to get langer contenwatioun. from Ed'', this xx of August 1568. — Be youris assurit freind, Jhon 1. glammiss. To the hono" and my speciale frend the lard of barnbarow. Letter from the Eegent Moray to the Laird of Barnbarroch, 23d April 1569. Traist freind, efter maist hertlie commeudatioun We vnder- stand that certane futemen and horsemen ar presentlie cum in galloway, direct be the Lord Flemyngis, quhilkis intendis or ar alreddy assegeing the hous of Crugiltoun, pertening to our brother^ the Commendator of Quhithorne. And sen the at- temptat is sa manifest, and committit vnder the tyme of com- moning. We pray yow maist effectuuslie, as ye will euir schaw ws plesser and guidwUl, That with all possible diligence ye ^ Lord Robert Stewart, afterwards created Earl of Orkney. 62 CORRESPONDENCE OF SIR PATRICK WATJS. convene your kin, freindis, and seruandis, and all that will do for you, and releve our said brother of the said assege ; And persew the authouris thairof with all hostilitie, for the quhilk ye salhaue sic warrand as ye will think ressonable, and this we assuritlie lippen for at your handis, as euir ye will deserue our guidwiU and kyndnes. Thus We commit you to God. At Edinburgh, the xxiij of Aprile 1569. — In traist your assurit freind, James Eegent. To our traist freind the Laird of Barnbarrauch. Letter from Eegent Moray to the Laird of Barnbarroch, 29th April 1569. Traist freindis, efter our hartlie commendationis. It is nocht vnknawin to yow how the ministeris of your cuntrey hes this lang tyme bygane wantit thair stipendis, and drevin thairthrow to povertie. the occasioun of thair grite trublis that hes laitlie bene, quhairthrow thei ar nocht abill to serue thair cuir with- oute remeid be provydit thairto. Quhairfor, havand confidence of your gude mynd and will, that ye beir to the glorie of God, and furthering of the progres of Christis evangell, We haue or- danit this berare, Hendrie Smyth coUectour, to resort to yow, Quhome we desyre effecteouslie not allanerlie to pay to him samekill as ye ar addettit in your self, bot alsua that ye will concur, assist, and fortifie him to the payment of all vtheris restand awand within thay boundis, sa far as possible ye may, quhilk we doubt nocht bot ye will do the erar for this oure request. And God haue yow in his keiping. Off Striueling, the penult day of Aprile 1™ v" Ixix yeiris. James Eegent. To our traist freind the Laird of barnebarrocht. Letter from Queen Mary to the Laird of Barnbarroch 4th June 1569. Traist Fieind, We greit yow weill. Forsamekill as in tymes CORRESPONDENCE OF SIR PATRICK WAUS. 63 bypast we haif ewer aduertisit yow be our letteris of our pro- ceidingis with tbe Queue of England, our gude slater, nocht say amply as we wald haif done be ressone of the discommo- vitie of passage hes bene betuix thir realmes, bot at the leist of the gude opinione we hade of the resolutioun thairof ; And now Our traist consigne and counsalour my Lord Boyd, ane of our Commissioneris towart our said gud sister, being returnit fra hir and hir counsale. We haif depeschit him with thir presentis in our realme to declair vnto yow the verraye treuth and gud estait of our affaires, and our mynde in all thingis : Quhilk becaus of his sufBciency we wald not wryt amply; Bot referring the same to him, quhome ye sail credeit as ourselff, Committis yow to God. Off Wingdfeild, the iiij daye of Junij 1569. To our traist freind Marie E. the Laird of barnbarroch. Letter from James Hamilton ^ to the Laied of Barnbarroch, probably August 1569. Eicht assurit freind, efter verie hairtly commendations, I re- sewit your lettir, quhair I persaue ye haue bin euil at eise, quhilk: I repent from my hairt, bot I am glaid that ye ar sum- thing conuolessit. as concerning your halk, ye sal resaue him from this hirer acording to my promeis ; sue assuring you that I haue nether halk, nor any other geir, bot it sal be at your plesur, besiking you to estem of me as ane of special freindis, asuring you that I vil esteim the lyk of you. I pray you remember my hairty commendations to my Lord of casillis,^ and the Mr ;* committis you to god. — Your Louing freind at pouer, from hamilton James Hamilton. the XX of agust. [On back] — The Lord hammiltounis letter to me. I This letter is most probably from James, second Earl of Arran and first Duke of Chatelherault, who died 22d January 1574-5. He was Regent of Scot- land 1542-1564. " Gilbert, fourth Earl, who succeeded in 1658. ' The Master was Sir Thomas Kennedy of Culzean. 64 COERESPOKDENCB OF SIR PATRICK WAUS. [William Maitland, younger of Lethington, had been Secretary to the Council from 18th October 1561, on which day his name first appears in that capacity. On 2d September 1569 he was accused of being " airt and pairt of the slauehter of the kingis fader his maister," and was imprisoned in the Castle of Edinburgh. He remained there till its surrender in August 1573, and he would have been sent to the scaffold with Kirkaldy of Grange, if he had not committed suicide.] Letter by W. Maitland to the Laird of Barnbarroch, 27th October 1569. Efter my hertlie commendatioun, I dout nocht bot ye hawe hard how I wes calumniousle delatit at Striveling, be ane Thomas Crawfurd, allegeing him self to haue commissioun frome the E of Lenox, as giltie of the king his sones murther, quhairin, as my awin conscience beirs me record of innocence, sa I trust na man that hes considerit my behauior and pro- ceidingis in tymes past, as weill sen the begyning of this caws as of befoir, will suspeck me. I haue summoned all parteis hawand interess to compeir in this burgh the xxi of november nixtocum to produce againis me quhatsumewer mater thay can in that behalf ; quhilk day my lord regent hes appointed for my triall. I haue in lyk maner according to the custom [requeistit] my freindis, and sic as will do for me, to be present at the said day to se that I haue iustice. Quhairfor I maist afi'ecteouslie dessyr yow to tak the panes to be heir the xx day of the said moneth, accumpanyed substantiousle with your freindis and servandis, that I may haue your counsall and assistance in my iust caws, quhilk I sail crawe na farder nor iustice, and the honestie of my mater, vill perm[it yow] to do of your honor. It is the wechtiest caws that ewir I haid to do, in sa far as thairvpon [dependis] my lyff, and my land, and that quhilk [I] estime mair then thame bayth, my honor. And thairfor I trust I haue nocht maid sa ewill caws to my freindis in times past, that ony of thame will refuse me. It will pleis yow to send me ansser again with the bearar. and sa I commit yow COKRESPONDENCE OF SIR PATRICK WAUS. 65 to the protectioun of god. from the castell of Ed=^ the xxvii day of October 1569. — Youris assurit to my vter powar, W Maitland. To my werrie guide frend the . Laird of barnebarrothe. Letter from Sir John Gordon of Lochinvar to the Laird of Barnbarroch, 6th February 1569-70. Eycht honorable, efter my h[artlie commendatioun], ye sail wit I resauit your vriting schawand that I wrait to [yow in EJdinburcht In andro hannayis fauouris, to contenew the violence of [1 Jrane ; And desyiris me to vrit to my bruther nocht to be sa [h^ J. ye knaw I wrait to yow that I haid laubourt ane assurance at that the maist part of the differance by ^ thair bluid was about the nychtbourheid of ane pleuche that pertenit to yow, And geif ye had bene of ane guid mynd to haue causit the nychtbourheid have been keipit one [on] the auld maner, or ellis the pleuche to haue lyin quhUl thair appuntment,^ I traistit, geif this haid bene, to haue appuntit thame of the rest. Thairfoir I desyir yow, as ye tendir thair weillis, or as ye wald haue thame agreit, that ye causs this to be done quhill thai be appuntit ; for this ye may do. And tak na hynderance to your self; And geif this ye will do, I sail nocht fale to speid me vp throw to adves the same, geif I get nocht ane greitter stop. Nocht ellis as now, hot god preserue yow. of the kenmoir the vi of fabruary 1569. — Be your frend at power, Lokinwer. To the Eycht hono'''« and my traist freind The Lard of Barmbarocht. 1 Paper gone. " By, beside the blood feud. 3 Settlement of the quarrel. 66 CORRESPONDENCE OF SIR PATRICK WAUS. Letter from Sir John Gordon of Lochinvar to the Laird of Barnbarroch. My lord, eftir my hartlie commendatioun, ye sail wit that my freind willame gordonne in vigtonne hes bene dissyrand me to requist your (1) in his fawaris conserning his tind, and sayis ye are menand^ to be mair hard to him nor ye ware of before, and thinkis to vse vthirwayis nor ye do to vthir honest men of the paroehin; quhilk I will nocht credit that ye wUl vse ony of myne vthirwayis nor ye do the rest ; and as he hes bene aceos- tomit as seik honest men as him self; for I sail nocht requist for him to your (1), and^ he pay yow nocht als thankfuUie as ony vther sail do. thairfor I will dissyre your (1) hartlie that ye wiU vse resonable, as ye will dissyre me in seik requist agane. haifand na farthair at this pressent, hot god preserue your (1) in guid heilth. — be your 1 assurit frend, Lochinwer. To my lord of barnbaroch deliuer this. Letter to the Laird of Barnbarroch to attend a Meeting of the Queen's Party at Glasgow, 8th February 1569-70. Traist freynd, eftir maist hertlie commendatioun, pleis this vij of februar we half met with certane of the NobiUitie in Dumbartane, quha thinkis maist conuenient that aU the NobiUitie of this realme, that wald the libertie of the Quenis Maiestie our Souerane, and the quyetnes of this our natife cuntre, suld meit and conweine in Glasgw the xvij day of februar instant, with thair substantius houssoldis, and gentiU mene, for to con- sult and confer quhow, and be quhat menis, the Quenis grace, our Maistres, may be restoirrit to her awin cuntre, and this realme, and leiges haldin in tranquillitie and quyetnes ; And seing the lordis of the contrarfactioun are to conwene schortlie for quhat purpos we ar nocht certane, thairfoir we think ex- ^ Meaning. " if COEEESPONDENCE OF SIE PATEICK WAUS. 67 pedient that we one the wthersyde, the Quenis grace fauour- rerris, suld nocht pretermit the tyme, hot to conuene and consult all togidder. Quhairfoir we pray yow maist hertlie that all excuisses set asyde, and as ye luife the weill and libertie of our souerane ledy, that ye wiU cum and meit in Glasgw the said xvij day of februar instant to the effect foirsaid, and we sail nocht faiU to keip the said day, God willing. And quha will refuise the said metting, and nocht to concur, we protest befoir God' that the wyt is nocht in ws hot in thame that refuissis, and mane declair the samyn to the Quenis Maiestie, orelHs we do nocht the dewitie of faithfull subiectis ; And your ansuer agane in wryt quhat we sail lippin to, and that ye haif your forces in reddines for sik affaires as we sail consult wpoun at metting. And sua committis yow in the protectioun of God. Off Dum- bartane the viij day of februar 1569. — Your guid freindis, Ar E Ergyll. J Sanctandros. ►J< Arbrothe. Flemming. EA. Boyd. To our traist frende The Laird of Barbarrow. Letter from Eael of Aegyll to the Laied of Eaenbaeeoch, 20th February 1569-70. Honorable Ser, after hertlie commendationis, we writt to you of Befoir to haif meit ws heir in glesgw, and the occasioun of your obsens thairfra is the schortness of tym, for we wndirstand be report of the lard of lochtinvar that ye ar weUl myndit to the adiian cement off the quenis ma'^ our maistres, actioun and auctorite. Praying yow to continew thairin, and to be In reddy- nes as ye salbe aduertist ; for we wnderstand to haif ane new conventioune vpon the ferd day of merche nixt. Quhairfoir we pray to mak your self In ryddynes To meitt ws the said day at syk plaice as ye salbe aduertist of, that we may confer vpoun the present estait of [the] this realme. To the quhilk refferis 68 CORRESPONDENCE OF SIR PATRICK WAUS. the rest, and so committis yow to god. off glesgo, this xx day of februar 1569.— Your gud freinde, Ar. E. Ergyll. To ane honorable man the lard off barbarroche. Letter from Archibald, Earl of Argyle, to the Laird OF Barnbarroch, 22d February 1569-70. Eycht Honorabill, efter maist hartlie commendatioun, Forsa- mekle as we ar informit that the lordis of the uther party, and nobilitie that wes in Edinburgh at this tyme, are to convene thame selffis agane thair the ferd day of merch nixt ; Quhair- foir it is the lyk gud and necesser that we, the quenis ma"'^ favoraris, sold in lyk manner m'eit in Lythgow the threid day of Merch nixt for the furthsettinge of the quenis majesties aucto- ritie, and hir libertie, for the commownewelth, quietness, and weUl of this puir realm. Quhairfoir maist hartlie prayis yow nocht to faile to be in Lythgow the said threid day of merch nixt with your houshald, and haill substantious freindis, in weir lyk maner, quhair we sail .nocht faile to be, will god, for the furthsettinge of the quenis g[race] auetoritie and causs foirsaidis. And alss to half all your uthir forcess at reddiness upon vi houris warning as neid requiris, and traistis ye will nocht faile to do. Off Glasgow the xxij day of feb'^^ 1569. — Your gud freind, To the Ey* HonoU Ar. E. Argyll, the Lard of barbarroch. Letter from Sir John Gordon of Lochinvar to the Laird of Barnbaeroch, 22d February 1569-70. Eycht honorable Ser, efter my hairtlie commendatioun, ye sail wit that I have bene in glasgo. the diuersite that hes bene thir tymes bygane is tane up, and ane assurance appuntit that the nobilitie of this realme sail meit in edinburt the ferd day of merche, and there sail consult upon the commoun weill with baith their advyiss. The lordis that was in glasgo marvelt thai gat nouther your avin presens, nor na anser fra yow, And becaus that I find matteris wirkand utherwyis nor hes bene in tymis COEEESPONDENCE OF SIE PATRICK WAUS. 69 bypast, I thocht it meit to excuiss you to thair L., quhilk I did the best fassioun I could. My Lord of cassillis come to glasgo this last Sounday, and he sayis that the lordis in edinburt hes vrittin ane greit cumpanie of vrittingis to the nobUl men one baith the syidis to convene in edinburt the fourt day of merche ; of the quhilk vritingis I saw ane of thame that come to my lord boyid, And it was derectit nouther in the quenis name, nor the kingis, Bot desyirt the nobill men to concur thair, quhairthrow thai mycht consult upon the furthsettine of the commoun weill. Ye have hard tell quhow the sacreter^ is chairgit upon tua heidis be the cunsaU. The tane is anent the slauchter of the king, The uther anentis the maikine the tumult in Ingland. Thay have geven ane testimoniale to him quhairthrow it may be testifeit in uther realmes. The lordis at the first meitting wes verray heycht,^ saiffand my lord of Morton, and my lord Athole, and kest ane stent amangis thame for uptakin of men of weir ; Bot thai have gevin the silver agane to every man. Nocht ellis, bot god preserve yow. of the Kenmoir the xxii of fabrury. — Youris at power, Lochinver. [Under the seal] I heff sein your vriting thankand yow of youris nowellis ye sail se ane wder send to me. To the Eycht Hono"= the lard of Barbaro'. Letter from Gilbert, Fourth Eael of Cassillis, to the Laird OF Baenbarroch, 22d March 1569-70. Cusing, efter hartlie commendatioun, for samekle this is to aduertes yow that thair is ane Law day appoyntit aganis the XV day of apill nixt at edinburcht vpoun thayis that ar suspect, and alsua knawin giltie, of the vnhonest slauchtir committit vpoun my speciall freind and servand vchtride Mcdowell, quhair- at I Intend to be, god willying, accumpanit with sic I think neidfuU of my freindis and servandis To that effect, seand that I can do na less nor to suitt, and see sic remeid as the Law at the tyme will provyde ; desyring yow effectuouslie, as ye will do me 1 William Maitland, yr. of Lethington. " Heych, high, proud. 70 COEEESPONDENOE OF SIE PATEICK WAUS. plesour in that behalf, to address yow to be reddy to pass with me, and to meitt me in ayr the vi of apryle nixt, Quhairin I beleif nother ye, nor na other that pertenis me, will think hot ye will wair your travell^ in that Jornay with gud will. And that in respect gyf ye or ony of youris had fallin in lyk ewill handling (as god forbid), that I suld wair my trawell to see sum ordour done for It, and thinkis meittest that euery man half his Jak, as the tyme servis. referring the rest thairto, I committ yow to god. Off the Inche the xxii of merche 1569 be your guid freind, Cassillis. To my trest cwsing the lard of barnbaroch. Letter from Gilbeet, Foueth Eael oe Cassillis, to the Laird OF Baenbaeeoch, 3d April 1570. Traist cousing, eftir hartlie commendatioun, forsamekiU this to aduerteis yow that I ressauit writtingis fra sindry of the nobi- litie to be at ane tryst with thame at lithkow the aucht of this instant, quhair the king of frances commissioner Is to be present at the tyme and place foirsaid ; quhamefra, alsua I haif ressauit writtingis direct fra the king of france, Eeferring credeit to the berar. Quhairin I find thir occasionis sua necessar, that I am wilKng to be present thair. Quhairfoir I pray yow effecteouslie, as ye wiU do me plesser, that ye will tak sua far trevel as to be with me in cumpany at my passing thair. I wreit to yow of befoir^ to haif bene at me aganis this day of Law, quhilk is the fyftene of this instant, hot this tyme man be prevenit becauss of the necessitie of this present occasioun, Quhilk I beleif ye will nocht faill. Eefarring the rest to the samyn, And god haif yow in his keeping. of mayboil, the third day of aprile, 15610.^ — Be your guid frend, Cassillis. To my trest cwsing the lard of barnbaroch. ' Spend your latour. " See previous letter from the same, 22d March 1569. ' Sic in original, sixty-ten for seventy. See date at p. 38. COERESPONDENCE OF SIE PATRICK WAUS. 71 Receipt by Sir John Dunbar of Mochrum to Mr Patrick Waus of Barnbarroch, for his Daughter Euphemia's Thirds, 2d July 1570. I, Syr Jhone Dunbar of Mochrum knycht, grantis me to haife ressauit be the handis of patk vavss of Barnbarrah, in name and in behalf of my dochtyr effame dunbar ladye barnbarrath, the some of fifte merkis for the vidsonday malis of hyr thrid parte of the landis of barnbarracht, pertenandis hyr, conforme to the assedatione and tak sett by hyr to said patrik vavss of the yeir of god l"' 5° Lx ten y"^^, and alss xviij merkis for the vidsonday maill of barglass of the yeir of god 1" v° Lxxi y™ ; off the quhilk some I grante me content and paytt, and quetclams and dis- chargis the said patrik vawss of barnbarrah, his ayrs, and exors, of the saids termis maiUis, and all vthir termis mailHs of the thrid parte of the levyn of barnbarrath, and maillis of barglass, befoyr the day and dait heirof for nov and ever. In vitnes heirof I haife subscryvit this acquitanc vyt my hand. At mochrum the secund day of July the yeir of god 1™ v° Lxtenyeris befoyr thir vitnes, James kennedy in castell, Jhone Dunbar, hare Halthorn, and Jhone hanyng, vith vtheris diverssis. J. Mochrum Kny*. Letter from John, Lord Glamis, to the Laird of Barnbarroch, 29th November 1570. Eftir my maist hartly commendatioun, forsamekill as I am summoneit be Bargany, as ye wiU persaue be the copei, for cer- tan sowmes that he aUedgis restand of the erl of cassiUis tochir, quhilk he claimis as donatour to his escheit. It is ane gryit soum that he sekis, and, albeit thar be part restand, yit I wald be layth to pay it to ony other nor the erl of cassillis, to quhom I haue writin to send his mynd and adwyiss quhow that mater salbe defendit. Ye sail resaue cope, and sik Informatioun as I can mak, and, efter ye have adwyisit thairwith, I wald ye suld writ at lynth to my 1 of cassillis your opinioun of that mater, and of your writing to this berar, quhu wiU schaw you my mynd 72 COERESPONDENCE OF SIB PATRICK WAUS. heiranent, and tliairfoir remitts thairto. Committs yow to god. from glammiss this xxix of JSTovember 1570.— Be your assurit, Jhon L Grlamiss. To the Ey' honorable and my maist speeiale The lard of Barnbarrocht. Letter from Thomas Waus, Burgess of Edinburgh, to the Laird OF Baenbaeeoch, 29th November 1570. [Holograph.] Eycht honorable Ser, eftar my maist hartlie commendaseounes towarte yow, I rasauet your wryten the xxv of nouember, dessy- rand me to delyuer to yowr gud fader, Ser houkanate,^ the plages quhelk I resauet of heme for the sam faur hbundreeht markis, quhelk I delyuerit for yowr asschit ;^ quhelk plages I haue deHueret at the seicht of your wryter maitealand gartle ; ye wrat nocht to me of befor, consederand ye wrat to me sendre and diwars tymes, and spessefeet nathing of that in yowr wryten, for quhelk caus I beleuit thair had bene some theing restand betuex yow and heme, that ye had geven heme scharge to debours samekel mone ^ for yow ; neuar the las he sayet that the letars behouiet to ly, or elles I to deboris the mone, for quhelk cas I touk plages of heme to pay me at scanct andros day, and wos weray angre with me at the present beicas * I wald nocht deboris my mone at his command, thairfor I pray yow to conseder sa, and theink that I ame nocht anne ® manes man, bot to do for my frind, quhair he hes ado, that theng that lyis in my pouar. et is nocht our fasoune to deboris na mone exsep et be for sec mene as we well war bode and gudes with, as yoir- selue wouU conseder in this troiboilis world, as quher ye wryt that ye belewe that I haue your get of the eschect past the seles,^ I haue the same, and has yowr laters in radenis, and tares one natheing bot quhat day ye weU haue the lators apountet to ; tharfor I pray yow sloucht ^ na theing of yowr ane besenes, and spar nocht the expensis of ane boy to come in, for I can nocht ' Sir Hew Kennedy. ^ Escheat. ' Money. « Because. " Any. e Seals. ' Sloch, v.a. to do a thing carelessly. COKRESPONDENCE OF SIR PATRICK WAUS. 73 get pasege euere day as I wald wryt to yow, tharfor I pray you be delegent in yore ane cas, and seit et forwart, and spar nocht for the expenses of ane boy ; and gene thar be one theing in thei partis that ye well scharge me with, ye sail feind me at com- mand that lyes in my posabelate with bode and gudes, sa far as I dow, or may ; dessyrand yow affacteusle to bewar with yowr aduarsars, and geve na trist to thame, and ye wor neuar sa well agreet; for I well assure yow et es na theing hot yowr bode thay sek, tharfor I besek yow to do the nest bast to saue yowr selue and yowr onour. I hop to god geue ye can pout of ane schort tyme, et sail come bater for yow; hot, geue ye may, dras i for yowr selue in the mene tyme that ye gat na scacht. I think et wor nocht the worse to dryne ^ tyme quhell god prowyd bater. your wryton maks menteoune that ye well se me my mone de- borsit betuex this and yowl.* I pry yow that ye fall nocht to send me ane hundrecht poundes, togeder with ane sour * hand of yowr ane, quhelk sail be at yowr comand quhane yehaue ado. as to the rest of your comptes we sail suparsed quhell I gat wares fra yow, or quhell ye may gudle spar the same, that ye be at mair quhatnes, as I hop to god ye sail be at lentht. as to the hydes and skynes ye sail cas send thame in or delyuer thame to Jhon was * to send in to me. geue thar be one theing that lyis in my posabelate to do, I pray yow to scharge me as yowr ane. sua commetes yow to god, with my hartle commendaseoune to the lade, and yowr douchtars, and the rest of yowr coumpane. at edenborught the xxix of nouembre anno Ixx yers. — Yowris, thomas Waus bourgs of edenbourght. To the rycht honorable the lard of barnbarath. Letter from Thomas Waus to the Laird of Barnbarroch, l'2th February 1570-1. Eycht honorable Sir and trist frind, eftar my maist hartle 1 Dress, to treat well or ill. ^ Bring, procrastinate. ^ Yule. 4 Sure. " Waus. 74 CORRESPONDENCE OF SIR PATRICK WAUS. Comendaseonne, thes to [adjvartes yow ye sail resave fra thes berar, pate strat[on], halie [or halue] ok halie q'^ tor of oncaimet staun"!, with halie ok haHe quhair [or quarter] of woolat staun"^, with iiij pound of hard confomme to yowr wryte. as to my mone I wrat to yow of befor, ye sail delevar ane houndreth poundes to the forsad pate, and the reist we sail lat stand. I sail mete god weUang. James Makanna is varay angre ye seind nocht in your wrytens that he wrat for, bot there es letell theng ado now becais the lordes is na nombar. as to neuis, my lord of Morton departet to england the penult of Januar. the capetane of the castall has tane on pane certane mene of wor to the numbar of vii^^ the brout is he well tak oup thre hundrecht. quhat his is intent is to do we cane nocht schaw yow. My Lord Hume, and Ser James Balfour, is stell in the castell with heme, and thair wives, gene I heve ene fardar ocaseoune I sail wryt to yow, as to the neuis of frans, and our quenis gras coming hame, ye knaw batar nor we can schaw yow. all ouderthing I rafar to yowr next varteisment ; Sa cometis yow to the protacseoune of god ; with my hartle commendaseoune to your ladie and barnes and the reist of your compane, of edenbourght, the xii of fabruar, anno Lxx Yours at pouar, Thomas Waus bourgess of edenbourght. To the rycht honorable and his speseal freind the lard of Barbaracht. Letter from Queen Mary to the Laird of Barnbarroch, 30th April 1571. Traist freind We greit yow weill. Sen the Eeuerend father in God, our trustie cousin and counsalour The Bischop of Gal- lowaye, (who as a faithfull commissioner hes weUl and deligentlie done his devuoir in treating with the Quene our gud sister this quhile bygane for our restitution, and releif of yow our good subiectis) Is reparing in they partis, and can mair amply informe yow of the haill proceiding thiranent nor is possibill be our lettres to mak yow wnderstand ; We refer the same to his suffi- COEEESPONDENCE OF SIE PATEICK WAUS. 75 ciency, whom ye sail credit as ourself. And seing thair is na occasion (notwithstanding this new delaye) to dispair of the obteaning of our long swtes : for our said good sister hes maid playne demonstration to the rebellis Commissioners of her will and determinat Intention to haif ws restored, and they promesit to returne haistely with Commission of the rest of that faction (quhilk they aUedgit not to haif) to treat with her and ws to the same effect ; "We praye yow in the meane tyme to abyde con- stant at our obedience, shawing oppynly your honest profession therof, to concur togidder without dissimulation at all occasions, And finally to declair your selffis suche at this tyme as heireftir for ewer ye wold haif ws to esteme yow, Quhilk being for our advancement, ye sail not fynd "We will abandone nor leif yow at any extreme necessitie, but assures yow of sufficient support and releif in convenient tyme, as gud ordour is tane alreddy thairfor. And so, wishing alwise contpnuele] augmentation of your courage to our devotion. We commit yow to God. At ShefeiLd, the last daye of AprUe, 1571. — Your veri good frynd, Marie E. To our traist freind the Laird of Barbarroche. Letter, from Queen Maey to the Laied of Baenbaeeoch, 10th May 1571. Traist freind "We greit yow weU. We are not ignorant of the good mynd ye beir wnto ws And travell ye haif tane in our service quhilk God willing we hope to acknawledge and be thankfull thairfor to your contentment, and to the effect we may have augmentation of remembrance thairin "We praye yow that by your good counsale and assistance your freindis and our good subiectis be moved to shaw themselffis at this tyme- plane defendars of our auctoritie And we assure yow releif sail not In- laik in dew tyme to thair sufficient maintenance and if they do otherwise we discharge ourself afoir god and man that thay haif na occasion, seing they sail be weiU supported as this beirar can 76 COREESPONDENCE OF SIR PATRICK WAUS. shaw mair amply And sa fair ye weill At Shefeild the 10th day of May 1571.— You good frind, Marie E. To our traist freind the Lard of Barnbarrach. [The year in which the next letter was written is not stated, but it was in the year 1570 that this Gilbert, Earl of CassiUis, tortured Mr Alan Stewart, the Abbot of Crossraguel, to make him sign a lease and feu-charter of all the lands of the Abbey in his favour (see Acts of Privy Council, 27th April 1571). Although he was imprisoned for the offence, he seems to have retained the lands ; for the author of the " Historie of the Kennedyis " says : " Me Lord gaiff the Abott sum mony to leiff wpone quhilk contentat him all his dayis. And in this way wes my Lordis conqueise of Corsragall ; quilk wes hot ane bad forme."] Letter from Gilbert, Fourth Earl of Cassillis, to the Laird OF Baenbarroch, 26th June 1571. Trest cusin, I commend me hartle to yow ; this sail be to aduertiss yow that I heff rasauit na word fra yow sen my cum- ing heir, the abbot hes vretin to me that he is willing the bessines tak end quhilk is betuix us,^ but he hes nocht vretin in quhat maner ; lyk as alss I haff nocht the comodete at this present, bein quhair I am. the regent^ is were ^ vrgent in the retening off me quhill I giff obedience, quhair I man do after the adwayss off men off honour, as I may trest my veil * and honour apon, with sic vther off my particular freindis as be mest conwenient for that affec. I think to be sum part disapoyntit that ye may nocht hefp resort quhair I am, that I inycht confer with yow, and heff your aduyss in sic gret affaris as I heff to do ; thairfor I dissyr yow to aduertiss me quhow ye ar in helth, and, giff ye be weill at eiss, I wald ye coim and spak with me, ^ The business betwixt them was compensation for roasting him nearly to death and to an extent which lamed him for life, and forcibly depriving him of his benefice. " Lennox. ' Very. 4 ^fl^^l_ COKKESPONDENCE OF SIR PATEICK WAUS. 77 giff ye may guidle onewayis. and towart sic affaris as ye heff to do, that partines to hew ^ my eyme, I will dissyr yow to swperseid tham quhiU we meitt, and will apley as far with yow in sic lyk affaris quhan as ye saU heff to do with me, quhilk I trest ye will nocht refuyss apon this my dissyr and requyst. refarand the rest to my nixt aduertisment, I committ yow to God. off Dumbartan ^ castell the xxvi off Juin be youris L assurit cusin and guid frind, Cassillis. To My trest cusin the lard of barnbarocht. [There are not less than thirty-four letters by Sir John Stewart of Minto, all holograph, of which this is the first in date. They are all chiefly about the sale of the Priory lands of Whithorn, of which Lord Robert Stewart, brother to the Earl of Moray, the Eegent, was commendator. Sir Patrick had three separate contracts with the Laird of Minto for purchase of lands, once the property of the Priory of Whithorn : first, for Carlton and others ; second, for Knock, etc. ; and third, for Apilbe. In each the Laird was most urgent to receive his money, and from his letters it appears that Sir Patrick was equally anxious to have his titles completed before he would pay the last instal- ment. It transpired that Lady Moray, the widow of the Eegent, afterwards Lady Argyle, had a reversion over these lands, which reduced their value ; and Minto, therefore, accepts two-thirds of the stipulated price, viz., merks for pounds.] Letter by Sir John Stewart of Minto to the Laird of Baknbarroch, 28th October 1571. Eycht honorable Ser, eftir harthe commendatioun. It will pleis you be aduerteist sen your departing my lord robert ^ hes writing to me that thair is sum deiland wyth him ernistlie for the takis of his benefice of quhithorn, and that he wiU nocht ^ Hew Kennedy. 2 27tli April 1571. " The Erlis of Cassillis and Eglintoun were put in waird ; the said Erie Cassillis in Dunbartane, he my Lord 'Regent"— Follok MS. '^ Lord Robert Stewart. 78 COERESPONDENOB OF SIR PATRICK WAITS. set the same wyth owt my advyis, and geif I pleis I sail liaif the takis of It my self befoir one ^ wthir bodde ^ ; and apon this I half writing to him, and hes dessyrit him nocht to be heste ^ in that mater, quhUl I maye speik him my self, quhairfor I thoycht It gud to mak yow participant of the sam, and geif ye think It gud ye salbe ane partisman. geif It mycht be gottin gud chaip, It wor gud deiling wyth It, for the kirkis will paye ane gud end of the pay[ment] of the haill for the present, and parawentur eftirwartis men mycht cum to bettir. this I thoycht gud to geif yow warning of, and to haif your adwyis in the wsaige of the same. I feir my lord of mortoun be seikand the same, at quhais persuatioun I knaw nocht, hot be the dessyir of sum of owdir gallowaye or cairik; thairfor spy about yow quhom ye suspect, and adwertis me agayne. fforther I man put yow in ramembirance of my hors that ye promisit to me, thairfor I praye yow for one ^ pleseir that I ma do to yow to send me the sam hors, and quhen ye haif ado I am content that ye deall agayne ; this I wiU lippin for. I praye yow speid the siluer to me twa or thre dayis afbir mertymes, for, as I schaw yow, I haif promisit the same, that I wald nocht failye to thame, for I brak a promes of befoir, and I will be warraye sore * to brek this to.^ and geif I do, thair will newir man geif me cridans ^ agayne. as to newis heir, I dout nocht but ye knaw quhow thai haif left edinbrucht at this present, and is lyand in leyth qtlhill my lord hunnusdonis' cummying, quha ramanis as yit apon the heding of the duik of norfolk, and the bischop of ros. thair is cumand twa thowsand fut men, thre hundrycht hors men, xii dowble cannunis, twa singill cannownis, twa grosculweringis, and tua battardis, and pulver and bullattis eiferand. we laik for wthir thingis nor the persut of the town of edinbrucht ; at the leist we speik that tha sail ramayne quhill thai mak the king to haif obediens wniuersalie throw scottland. my lord of argyiU. is cumand furth throw and all his cumpanye to ramayne at Leyth for meting of my lord hunsdoun. I praye yow faill nocht to send me ane gud hors, that salbe worth thankis to 1 Any. » Body. 3 Hasty. * Sony. " Too. * Credence. ' Himsdon. CORRESPONDENCE OF SIR PATRICK WAUS. 79 comfort me wyth all ; for It is gret merit to geif me comfort now, sen the best son that ewir man had of ane sobir man is departit at the pleseir of god sen your heir being, aduertis me agayne as ye think gud of all thingis afoir rehersit, and the lord be wyth yow. off glesgo this xxviii of October 1571. — be your awin to command, Johne Steward of mynto. To the rycht honorable and my trest frynd the Lard of barrinbarrocht. Letter from Lord Eobert Stewart, Commendator of Whithorn, to the Laird of Barnbarroch, 26th November 1571. Efter maist hartlie commendatioun, I haif ressauit your (L) letter, and vnderstandis your guid vill and mynd in my afferis now as of before, and gif I mycht gratifie yow I am bund to do it sa farre as Lyis in my powir. your L sail vnderstand that the veill of our action standis apon the ourgeting of the Lairdis ^ tak, quhilk he vill not menteine, as I vrett to yow : therfore my consell is that ye travell vitht the Laird to get the said tak, and keipe it your self, quherby that I may Lett my Lord regentis (g) vnderstand that I am fre vitht the Laird, and gottin my tytle in my awin hand, that being done our causs and action vill byd short ^, for before my Lordis g comming I man be resoluit of this heid, quherby that ether the regent may haif of me affirmative or negative, that is quhither the Lard vill gif me my tytle in my awin hand or not. Farder I will not vrett for caussis, but gif ye pleis that I speik vitht yow, and declar the secreit of the haill causs, quhilk I vill not vrett pre- sently, efter your aduertisment I sail be redei ; for I vald that we vere resoluit of this heid before my lord regent cum to the abbay ; for I assuir you his (g) viU not stand content vitht sik ansuer, as I broght from the Lard : herfore best it ver, gif ye think guid, that we may comon* all heidis, and that about the 1 Sir John Stewart of Minto. ' Illegible — perhaps proifis. 'The editor has not met this word elsewhere, but "commouning," for con- versation or discussion, is not of infrequent occurrence, and this may be common, discuss. 80 COKEESPONDENCE OF SIR PATRICK WAUS. beginning of the nixt mynetht/ quherby we may liaif the Lordis vtter ansuer before the regentis comming. I vill not truble yow vitht prolixit Letter but Luikis for your ansuer vitht the berar ; and sua for the present committis your (L) in the protectioun of the eternall. from sanctandross the xxvi day of november. — Your L assurit freind, Robert commendatur of quhitherne. To his speciall freind Lard of barnbarrocht this be delyverit. Letter from the Eegent Earl of Mar to the Laird of Barnbaeeoch, 1st April 1572. Eycht traist freind, efter maist hartlie commendatioun, The troubles heir sa lang continewing, throw the withhalding of the toun of Edinburch aganis oure souerane Lord and his auctoritie, It is thocht maist expedient to retene victuaUis frome the toun, And for that end thair is men of weir plantit in the houssis nixt adiacent thairto, Quhair throw, with the traveUis of sum now- mer of horsmen, the mater aperis to tak gude and spedie suc- cesse. Presentlie we ar accumpaneit with the bordouraris of Merss and Tiviodale, quhilke ar content to tary heir for a moneth, quhairof thair is a gude parte alreddy past. And be avyse of the counsale. It is thocht gude that be proclamatioun the west bordour and cuntrey be drawin heir to Leyth agane the XX day of this moneth, provydit to remane for ane vther moneth, within quhilk space, god willing, the mater wilbe at a poynt. Praying yow heirfoir effectuouslie That ye, with youre kin friendis and seruandis, abill and weill horsit men, will addres yow to be heir at Leyth in weirlike maner the said xx day of Aprile instant, provydit to remane for the space of ane moneth thairefter. According to the proclamatioun past thair- vpoun, As ye will do the Kingis Maiestie gude seruice and do ws thankfull and acceptabill pleser. Sua we commit yow to ^ Moneth, month. COBKESPONDENCE OF SIR PATRICK WAUS. 81 the protectioun of G-od. Prome Leyth the fyst day of Aprile 1572. — Your assurit friend, Jhon Eegent. To our rycht traist freind the Lard of Barnbarroch. Letter from Sir John Stewart of Minto to the Laird of Barnbarroch, 15th October 1572. Eycht honorable Sir, I haif rasauit your writing, bering that ye cane nocht be able to paye me my silver quhill ye rasaif the autentyk coppy of my confirmatioun, subscryvit wyth tua nottars. Sir, as to that, ye promisit Lang or ye payit me the first payment, and sen syne termis hes nocht beyn well kepit. nocht the les I man tak patiens. be ye assurit I wald nocht haif doun to yow that ye haif doun to me for all the sowm. As to the coppe of the confirmatioun, quhilk ye sand agen, I haif send the same to Sir Hew^ your gudfather, quha is dettor to me. I dout nocht bot he will keip his promes, and mak me payment, my promes wes to haif rasauit silver heir, and to haif deliuerit the coppy of the confirmatioun, and to haif deleittit the ack maid for that caus, quhilk thing I wes and is radde to fulfill at all tymis ; for quhatsumewir promes I mak I sail wyth godis gtaice be willing to fulfiU. to yow, and all wthirs, that ewir I haif ado wythall. I wiU. nocht truble yow wyth langer letter, bot committis yow in the keiping of the lord, of glesgo, this XV of October, 1572. — be youris, John Steward of Mynto, knycht. To the rycht honorable Lard of Barranbarro*. Letter from Sir John Stewart of Minto to Sir Hew Kennedy of Girvan Mains (Father of Sir Patrick Waus's first Wife), 15th October 1572. Eycht honorable Ser, efter maist hartlie commendatioun, I haif rasauit your writing this xiii of October, bering that your 1 Sir Hew Kennedy of Girvau Mains. F 82 CORRESPONDENCE OF SIR PATRICK WAUS. soni suld allege that I half nocht kepit my appointment to him as I promisit. Ser I wald wis that he suld nocht bayth hald my silver fra me, and mak lesingis of me to. I haif nocht diseruit that at his hand, for he had my gud will, ser, ye ar dettowr to me, and nocht he. Quhair he allegis that I promisit him the coppe of my confirmatioun subscriuit attentiklie. In deid I pro- misit to deliuer the sam in this town, and to destroy the act, and to do all thingis promisit be me for my part ; I fynd It wes bot ane galloway e promes, maid to ane clidesdall man, quhilk thay thoycht newir to haif kepit. bot I man tak me to ane car- rik promes, and I sail newir seik him agayn. Ye sail rasaif the coppe of my confirmatioun, attentiklie subcsriuit; for I will send it na forther nor to yow, becaus I haif na wthir dettor for my siluer. I will nocht truble wyth langer lettir, bot commit- tis yow to god. off glesgw, this xv of October, 1572. — be your kininsman and frynd, John Steward of Mynto, knycht. To the rycht honorable Ser hew kennyde of girwan mains. Letter from Gilbert, Earl of Cassillis, to the Laird of Barnbarroch, 24th January 1572-3. Traist cusing,^ I command me hartly to yow. forsamekle as ye sail deliuer to my wyf the vi P' 4 s. vi d ye ar inawing to me for kynhilt.^ Ye sail wyt that I have decretit in the mater betwix yow and Sir ISTeyll M°Dowall, and has dissarnit yow to pay y eyrie xx merks of money for byganes and to cwme. Ye wyll nocht fayll to delyuer the money as I haif writtin, and god keip yow. at Crosragnell the xxiiii of Januar. — Your guid friend, Cassillis. To my traist cousin g the laird of barnbaroche. , ^ i.e., son-in-law. ' He became his brother-in-law in 1573. ' Adair of Kinhilt. COEEESPONDENCB OF SIB PATBICK WAUS. 83 Letter bom KiaorEDY of Girvan Mains to the Laied of Bak^tbaeeoch, perhaps 1573. Eycht honoll and Inlffing Eime, efter my hertlie commenda- tioun, pleis yow I am com in thes cwntre ; quhairfor desyiing yow to adaerteis in vieit be this beirer quhair I may meit with yow, for I sail be villing quhen and quhar ye vill appoint me, geif it ver to vigtown. qahairanent expecting your ansaer, commetting you hollie In godis protectiown, I rest derect from bargaiiie, the x of thes Instant. — Be youris luiffing eime at power, girwanmanis. To the richt honoU, and hes luiffing eime, the laird of bambarroche dely ver thes. [Mr Patrick "Wans married the sister of Gilbert Kennedy of Girvan Mains in December 1560. She died in 1572, and he remarried at the end of the following year. As there is here no commendation to his wife, this letter was probably written in that interval] Letter by James, Eael of Mobtox, Begent, to the Laied of Baesbaeeoch, 29th May 1573. TraJst freind, efter onr hartUe commendatione. The comptis of the maist pairt of the collectoris hes laitUe bene hard, and amangis otheris the collectoniis compt of Galloway, qnhairin to onr greit mervell we heir that thair is mony grit restis, and homyngis, producit for diligence, qnhilk is na satis&ctioun to the Ministeris of thair stipendis lang awand thame ; nor yit is it ony releif of the vtheris chargeis, that necessarUe man be sus- tenit That qnhilk is awand man be payit, and this contempt of homing can nocht be permittet langar without pvnisment. Bot becaus syndre noblemen, and vtheris of guid place and reputation, ar in roll, We hane causit the publicatioun thairof be stayit quhill first be our awin lettres we admonishe thame &vorabiIIie to pay the debt, and obtene thame selfis relaxt. 84 COREESPONDENCB OF SIR PATRICK WAUS. quhilk being done, we are desyrous of na mannis troubill, and thairfor will desyre and pray yow effectuouslie that, alsweill of that quhilk ye your self is awand, as of it awand be your freindis and nychtbouris, quhair your credit and auctoritie may availl, ye will mak and caus payment be maid of the saidis debtis and restis off the crope and yeir of god 1"" y° thre scoir tuelf yeris, and of all yeris preceding vnpait, to the collectour Harie Smyth, quha is purpoislie cum furth at this time for ressait of the same, and ordanit to returne with diligence, with sik expeditioun as he ressauis ; quhairin ye sail -do yourself ease, and we will think alsua ye do ws guid pleaser thairin, quhair vtherwyiss, gif your name salbe divulgat as at the home, it can nocht bot turne to your displesour and preiudice at sumtyme, peradventure quhen ye had rather doubill the payment of the debt. And sa, louk- ing that our requeist and admonitioun sail awaiU at your handis. We commit you in the protectioun of God. at Halyrudhous the xxix day of Mali 1573. — Your assured freind, James Eegent. To our traist freind the lard of Barnbaroch. Letter by James, Eegent (Morton), to the Laird of Barnbarroch, 18th July 1573. Eicht Traist freind, Efter our maist hartlie commendatioun, Efter lang pley and great chargeis at last a decrete is gevin aganis certane men of Wigtoun in the court of Admiralitie, quhairapoun executioun is now to be socht. And that townis- men of a lang tyme past hes not gevin sic obedience to the kingis auctoritie as wes requisite, we ar thairfore movit to desire yow effectuuslie That ye will concur, fortifie, and assist to the officiares direct for this effect In putting of the said decreit to executioun, and se oure souerane Lordes auctoritie so set fordwart in that behalf as it ly nocht in the power of personis of sa meane estate to contempne the Ordinal Juge- ment, or to think sic offensses sail pas ower vnpvnist. As ye will do the king our souerane Lord gude seruice, and ws accept- able pleaser. And sa we commit yow in the protectioun of o-od. CORRESPONDENCE OF SIR PATRICK WAUS. 85 At the palice of halyrudehous, the xviii day of Julij, 1573. — Your assured freind, James Eegent. To our richt traist freind The Lard of Barnharro. Discharge by Mr Egbert Stewart, Factor to Sir John Stewart of Minto, to Mr Patrick Waus, for Rent of Knockan, etc., 6th January 1573-4. I Maister Robert Stewart, factour to ane honorable man, Ser Johnne Stewart of Mynto knycht, and chalmerlane to oure Souerane loirds of his landis aboue cre,^ grantis me to haue rassauit fra the handis of m'^ patrik wauss of barrinbarroch the sowme of elewyn lbs iii s. iiii d for the mertimes malis of his landis of knokan,^ kerewalcok,^ and kelledarroch,* of the yeir of god Im v° thre scoir threttene yeris ; of the quhilk sowme aboue writin I hald me weill content and payit, exhonors and dis- charges the said maister patrik, and all wthers quhom it effers, for now and euer. In witnes of quhilk I haue subscriuit this acquittance" at quhitorne the sex day of Januare, and the yeir of god Im v° thre scoir threttene yeris, before thir witnes, Robert lewenox, Alex"^ waus, and Johne hannay, wyth wtheris diuersis. M. Robert Stewart wyth my hand. Letter, Sir John Dunbar of Mochrum to the Laird of Barnbarroch, 16th March 1573-4. Brother, eftyr my werray hartlie commendatioun, This salbe to adverteis yow that the Lard of Sorby^ has summonit Jhone Dunbar, broder german to the guidman of ballindone, my cowsing and youris, with diverss utheris of my kinsmen and surname, to underly the Law at edinbrucht the fyft daye of aprile nixt to cum for the slauchtir of ane patrik hanna, being ' The river " Cree." " Ifow Knockan, i.e. Little Hill. ' In old maps Kirriewauchope ; now Kirwauk. * Now Kildarroch. " Hanna or Ahannay of Sorbie, was the head of the house of which one member had been killed. 86 COREESPONDENCE OF SIE PATRICK WAUS. at the kyngis (g) home, for mutilatioun of the said Jhone ; for the quhilk slauchter I intend be adwyse and apperance of men of Law to caus my frendis entyr the said day and place to abyd the Law. And becaus the samin tendis sa hichtlie^ to my honor. And alsua to the quietting of my self and frendis in this cuntre, I tink It werry necesser to be accumpanied at the said day with my Lowing freindis. And ini respect I had never, nor never tynkis to haif,- the lyk ado, I am forsit at this tyme to desyre yow, as ye luife the veill and honor of me, my houss, and freindis, that ye will kype the saidis day and place, accumpaneit wyth your seruandis in sic manner as ever ye will dessyre me, my freindis, and seruandis, to do for yow quhen your LyfBis ar socht as owris ar. And sua, Luiking for your anser with this barar, I commit yow to god. off mochrum, the xvi day of Marche, Lxxiii be youris at power, J. Mocheraum. To the honorabill and trest lard of barinbarth. Copy of Contract of Marriage between Patrick Waus of Barn- barroch and Katherine Kennedy, Daughter of Gilbert, Earl of Cassillis. At Mayboill, the ninetene day of marche, the yeir of god Im v threscoir threttene yeiris. It is appointit, aggreit, con- cludit, and finallie endit, and contractit, betuix ane nobiU and potent Lord, Gilbert erle of Cassillis, Lord kennedy ; Dame mar- garet kennedy, countess of cassillis ; and katherine kennedy, hir dochtir, on the ane part, and maister patrik Vaus of barne- barocht on the vthir part, in maner, forme, and effect, as eftir foUowis. That Is to say the said maister patrik sail, god willing, marie, and to wyfe haife, the said katherine, and sail compleit the lauchfull band of matromony with hir in face of haly kirk, solemnizatlie as vs ^ Is, betuix and the tuelf day of aprile nixt to cum; And alss the said maister patrik sail infeft the said katherine, to gidder with him self, in hir virginitie, befoir the compleiting of the said mariage, in all and haill the fyfe pund 1 Highly. " Use. COKEESPONDENCE OF SIR PATRICK WAUS. 87 land of Caskreocht, the tour, fortalice, and mansioun place, yardis, orchardis thairof, the four markland of nethir synnones, and tua mark land of creoch, with the pertinentis. Hand within the Lordship of glenluce, and serefdome of wigtoun, in coniunct- fie, and to the langest levar of thame twa, and to the airis male lauchfullie to be gottin hetuix thame ; quhUkis failzing, to the airis male of the said maister patrik, to be contenit in the in- strument to be maid be the said erle to thame, and to be haldin of the said erle, his airis, and assignayis, and successoris, con- forme to the last infeftment. and siclyke the said maister patrik sail infeft the said katherine, to gidder with him, in maner aboue writtin, in aU and haill the twa markland and ane half of slewhibbert, the twa markland and ane half of the fyve mark- land of Drnmiargane, and in the twa markland and ane half of , with thair pertinentis. Hand within the par- rochone of kirkinner, and serefdome foirsaid, be resignatioun or confirmatioun in our souerane Lord the kingis g handis, for in- feftment to be gevin to the said maister patrik and katherine, and the airis male lauchfully to be gottin betuix thame; quhilMs faUzeand to the said maister patrik airis male, to be providit and contenit thairintni. Attour the said maister patrik bindis and obUssis him, his airis, executoris, and assignayes, to warrand and defend the saidis landis to the said katherine as said Is to be worth be yeir the sovme of thre hundreth markis money of this realme, (omnibus deductis) fre without ony deduc- tionis, exceptand the teyndis of the saidis landis , to be payit be the said katherine conforme to the said M. patrikis last tak. And alsua bindis and oblessis him, as said is, quhatsumeuer pleinissing of guidis, geir, and vthir cornis, that happinis to be vpoun and with the saidis landis the tyme of hir infeftment, or at ony vthir tyme heireftir, sail remane with the said katherine during hir lyftime, without deuisioun. And mair attour the said maister patrik biudis and oblissis him, and his foirsaidis, to infeft the said katherine in all and haill the fyve mark land of barglass, with the myln, suckin,^ and thriU multuris ^ thairof. In 1 The extent of ground the tenants of which are bonnd to bring their grain to a mill. ' Thirl mnlter, the duty paid by thirlagefor grinding. 88 CORRESPONDENCE OF SIR PATRICK WAUS. waiTandice of the foirsaidis landis of slewhibbert, Drumiargane and , and sail warrand all the saidis landis in maner foirsaid fra all and sundry wardis, releiuis, nonentris, Ladyis terciis, coniunctfeis, Lang or schort takkis, taxationis, EecognitioTinis, coniunctsesine, dispositionis, pureprestoris/ foir- faltis, annuell Eentis, privie or oppin publict sasingis, and fra all and sundry vthir actis, or inconvenientis, that may fall or happin vpoun the saidis coniunct fie landis, or landis to be gevin in warrandice thairof, in all tyme bipast and to cum, during the said katherins lyftime, and the saidis Instrumentis to be maid and past equalie vpoun the saidis parteis equall expenssis. ffor compleiting of the quhilk mariage, and Infeftmentes to be gevin be the said maister patrik, in maner as said is, The saidis erle and contess bindis and oblissis thame, thair airis, executoris, and assignayes, to Eefund, content, and thankfuUie pay, and deliuer to the said maister patrik vauss, his airis, executoris, and assig- nayes, the sovme of Tuentie hundreth markis guid and usuall money of this realme, in maner and att the termis following, equalie betuix thame. That is to say, the sovme of viii hun- dreth markis to be payit upoun tysday befoir the feist and terme of witsunday nixt to cum. The sovme of iii hundreth markis at yule nixt thaireftir, the sovme of iii hundreth markis the yule in the yeir of god Im v" threscoir fiftene yeiris, the sovme of iii" hundreth markis the yule in the yeir of god Im v" threscoir sex- tene yeiris, and the sovme of iii hundreth the yule in the yeir of god Im v'= threscoir seventene yeiris, in compleit payment of the said sovme of tuentie hundreth markis. And for suir and thankfuU payment to be maid of the sovmes respectiue, aboue- written, to the said maister patrik at the termes foirsaid, hew kennedy of barquhony, waiter kennedy of knockdone, and Johnne kennedy of pennyglen, ar be the tenour heirof becum cautioneris, and souerteis, coniunctly and seueralie, to the said maister patrik. And also the said erle bindis and oblissis him, his airis, assignayis, and successoris, to Eenew the said maister patrikis infeftment of his landis within the lordschip of glenluce, 1 Purprestre, violation of the rights of a superior. CORRESPONDENCE OP SIE PATRICK WAUS. 89 quhilk he hes in few of befoir, and sail contene in the said in- feftment the landis quhilk Is now in the said maister patrikis possessioun and nocht in his infeftment. To wit the sevin markland of clondriis and glenturie, the twa markland of the foure markland of nethir synnones, and the markland of diruane ; the haill landis to he contenit in the said infeftment extending to threttie fyve markland, for the yeirly sovme and dew seruice contenit in the said maister patrikis vthir infeftment, ellis past be the said erle. and the said landis of clonneriis, glenturie, and nethir synnones, and diruane, to pay siclyke male, dewitie, and dew seruice, to be contenit in the said infeftment, as thai payit befoir the making heirof. And gif this contract and appoint- ment be nocht sufficient, suir, and sicker, in it self, as Is aboue specifiit, ather of the saidis parteis bindis and oblissis'thame, and thair foirsaidis, to renew the same at vtheris pleser, quhen ony of thame sail think guid to Require wther thairto, be aviss of men of law, keipand the substance aboue writtin. And attour the said parteis, and cautioneris foirsaidis, ar content, and con- sentis, that this present contract and appointment be registrat, and Inserit in our souerane Lordis buikis of counsall, the baillie court buikis of carrik, or commisseris buikis of wigtoun, to half the strenth and effect of thair decreit to be Interponit heirintill. And, gif neid beis, that executoriallis of horning or poinding to pass heirupoun in forme as efferis. And to that effect makis, constitutis, and ordanis, honorabill men, and our weilbelouittis . . . our veray lauehfuU procuratoris, actoris, factoris, erand beraris, for ws in our name. Eatum et gratum. And mair attour, and last, the said erle and maister patrik be the tenour heirof dischargis and quhyteclamis Ilkane vther of all dettis, cravingis, sovmes of money, landis, Eovmes, possessiones, the rycht and kindnes thairof, that ather of thame may clame vpoun vther, to the day and dait heirof, except for the landis to be contenit in the said maister patrikis infeftment. In witnes of the quhilk thing ather of the saidis parteis and cautionaris, hes subscriuit this present contract and appoint- ment with thair handis. as foUowis, day, yeir, and place foir- saidis. Befoir thir witnessis, quintene mure in kUlikie, Dene 90 CORRESPONDENCE OF SIR PATRICK WAUS. Johnne mure, thomas nasmyth, and Alex' keffane, notar pub- lict, seruitoris to the said erle, with vtheris dyuersis. Letter signed Euthven to his Brother the Laird of Barnbarroch, 16th July 1574. Bruder,^ efter maist hairtlie commendationis, I thocht gude to send this berar, my servant Johnne creichtoun, in they partis for bying of sum xxiv naigis, baith for serving myselff and to give to the ambassaldor of England. Quhairfoir we earnestlie requeist yow, as ye will do me singular plesor, help him be your moyane to the best, and properest, that is gettable in they pairtis for money. And to send sum of youris with him, becaus he knawis nocht the cuntrey, for executing his bissynes, that he may the soner returne agane to me. Quhen ye put me to charge in a greiter [matter quhilk] may stand to your plesor, ye sail fynd me na less reddy to satisfie your desyr. Eemitting the rest to the credite of the berair, comittis yow to the protec- tioun of the eternall. At Striueling, the xvi of Julij, 1574. — Your Lowying broder at power, Euthven. To his weilbelowit bruder the Laird of barrnbarrow. Letter by the Earl of Huntlt to the Laird of Barnbarroch, 13th August 1574. Eycht traist freind, efter my veray hartilie commendatioun, I ressaued your lettir this fryday at nycht, the xiii of August instant, quhairin ye ar desyruss that I veseit your houss, Quhairof I thank yow, And sail, as god gevis the commoditie, recompence your gudwill. AUvyis I am, god willing, on monin- ^ William, fourth Lord Euthven and first Earl of Gowrie, was the writer of this letter. His father Patrick, third Lord Euthven, married for his second wife Lady Janet Stewart, daughter of John, second Earl of Athole. She had heen previously married three times, viz., to Alexander, Master of Sutherland, Sir Hugh Kennedy of Girvan Mains, and to Henty, first Lord Methven, and had issue to all four husbands. Sir Patrick Waus had married a daughter of Sir Hugh Kennedy. He was thus her son-in-law, and William, Lord Euthven, was her step-son, and he, on that connection, calls him brother. COKRESPONDENCE OF SIR PATRICK WAUS. 91 day nixt tx) cum to be in wigton, and thairfra myndis to pas to the Reindis,^ and in my way sail drink with you ; yit becaus I hoip to meit your self on moninday in wigton, I will omit the deliberation taking of my jornayis till I and ye speik togidder. To the quhilk I omit the rest, sua god preserue you. of ken- mur, xiii of August, 1574. — ^Youris guid freind, Huntlye. [Address torn off.] Discharge by Gilbert, Fourth Eakl of Cassillis, of 525 marks, 28th October 1574 We gilbert erle of cassiUis grantis ws to haif borrowit in numerat money fra patrik Wass of barnbaroth the soum of fyve hundret twenty fyve merkis, for the quhUkis we haif laid in wed to the said patrik ane silver basing and lawer double our gilt rasit work, ane coupe of silver with the cover double our gilt rasit werk, and ane uthir coupe of silver with ane cover of plane work, quhilk soum of fyve hundret twenty fjrve merkis we obliss ws, our airis ex™ and assignais, to thaukfullie content and pay to the said patrik, his airis ex"^** and assignais, betwix the dait heiroff and aucht dais befoir witsoneday nixtocum ; quhilk failyeing the said patrik and his foirsaids to haif power to dis- pone the said silver wesschell as his awin proper guidis, and we nor our foirsaidis never to acclame rycht titUl nor entres of the saidis wesschellis in tyme cumene. In witnes of the quhilk thing we the said erle hes subscryvit this our present obligatioun with our hand at the Inehe the xxviii day of October, in the yeir of god 1" V three scoir fourtene yeiris. Befoir thir witnes, thomas kennedy our bruthir, James kennedy, and Thomas nesmythe, servandis with uthiris dyversis. g. Erlle of Cassillis. [Endorsed as follows.] I Thomas nesmythe, servand to my erle of Cassillis, grantis 1 The Ehinns of Galloway. " In the moneth of Julii of the nixt yeir (1574)_ George, Erie of Huntlie, as he was cum to Edinburgh for his affairis in law the Begent causit him to pas and remayne in the province of Galloway, in frie ward, during his will." — Bist. of King Jmms the Sext (Bannatyne Club), p. 150. 92 COEEESPONDENCE OF SIE PATEICK WAUS. me to haif resavit fra the handis of ane honorable man, patrik Wass of barnbarocht, in name and behalf of the said erle, the sowme of fyve hundret merkis money, quhilk suld be gevin to the lard of Adamtoun for redemptioun of certane silver werk he hes in plage of the said erlis, the quhilk silver werk I the said thomas bindis and oblisis me be the fayth and trewth in my bodie to delyver to the saidis patrik in his place of barnbaroth betwix the dait heirof and the x day of november nixtocum, but fraude or gyle, conforme to the saidis erlis obligatioun gevin to the saidis Patrik thairupon. In witnes heirof I haif writtin and subscry vit this my present obligatioun with my hand at the kirk of glenluce, the xxix day of October in the yeir of god 1" v° thre scoir fourtene yeiris be- foir thir witnes, Thomas nesmythe with my hand. Letter from Thomas Naismith to the Laied of Baenbareoch, 5th November 1574. Eycht honorabill Ser, eftir my maist hartle commendationis of service, It will pleiss your (m) wit that I haif bene twyiss at the lard of adamtoun, quha will nocht resaif the silver that I brocht fra yow for sindre causis, as he allegis, betuix my lord and him, quhilk I haif schawin to my Lord ; thairfoir I thocht it maist meit to adverteiss your (m) heirof, that I may be adver- teisit be yow quhidder I sail keip the silver to yow or nocht, seing ye haif na securite uthir nor the obligatioun, quhilk is nocht fuUfillit ; or will ye be content I gif it to [my lord,] quha be his writ hes desyrit me to keep the silver unto [his cuming] in this cuntre, thairfoir I pray your (m) to adverteiss me quhat is best for your securite, and keping of my credeit ; for I saU nocht part with the money quhiU I understand be write that ye ar satefeit. referrand the rest to your (m) anser, I commit yow to the protectioun of god. off mayboiU the fyft day of november, 1574. — Be yoris (m) assurit at power, Thomas nesmythe. To the rycht honorable and my speciall guid freind the Laird off barnbarroch. COEEESPONDENCE OF SIE PATEICK WAUS. 93 Copy of Letter from Gilbeet, Eael of Cassillis, to the Laied OF Baenbaeeoch, 6th February 1574-5. Brother, eftir my hartlie commendatioun, this salbe to desyre yow to causse sa ihony fowlaris as be thair in quhittarne to get me als mony wylde fowles as they may ony wayes, and bring the samen to me to mayboill upon thowrisday nixt to cum, quhair I sail recompence thame baith for the fowlis and the travell at thair plessour. Becauss ane frend hes desyrit me to send him samony fowlis as I mycht purches, quhilk hes causit me wreit to you for the same. Heving na farther occasioun, bot reservis the rest thairto, I commit you to God. off Glenluce, the sext of Februar, 1574. — be your bruther, Cassillis. To my brother the lard off barnebaroch. Letter from Andrew Steuaet, Master of Ochiltree,^ to the Laied OF Baenbaeeoch, 10th April 1575. Brothyr, efter my maist hartlie commendatioun, ye sail wit that me lord my father and I hes greitlie mervellit that ye Isepit nocht the xviii day of marche, for it was appoyntit be yowre awne consent. And, as I declarit to yow in edborgt, we that ■was schosin frindis one it vald nocht agre with owt yowre pre- sence, that was ouermane eleckit be ws baith. And heirfoir, Brother, now as of befoir I will maist ernistlie reqweist yow to keip the saxteint day of this instant apprayille, in the twone of aire, be x howris ; As ye sail find me redie In yowre particwlar, quhen ewir it sail pleis yow to scharg. and geif ye may nocht keip this foirsaid day, ye sail adwerteis me quhat wthir day in this moneith appraylle ye may keip, for compromit expayris at the last of this moneith. And this nocht dowting ye will do, as my speciall trwst is in yow, I will desist, and committis yow to 1 The Master of Ochiltree died before 1578. He married Margaret, daughter of Lord Methven, who was half sister to Sir Patrick Waus's first wife (see note, p. 90). Hence he calls him brother. Sir Patrick was appointed a Lord of Session on 11th January 1575-6. This letter was probably written before that date. 94 CORRESPONDENCE OF SIR PATRICK WAUS. the protectiowne of god. from wichiltre, the x of this instant apprayle, — Be yowris Brother to be wissit to pwer, Andro Steuart Maister of wichUtre. I wUl luik, Brother, for yowre ainsswer agane with this berar in wryt with expeditiowne. To the Eicht honorable and my special! Brother the lard of barinbarraich delywar this. [The following letter refers to a fray, which is thus noticed in the "Hist. Keonedyis," quoted above: "Now, my Lord [Cassillis] haiffand tryist in Air, and his friendis with him, the Laird of Carse being in the toune, thair fallis ane discoird betuix sum of my Lordis freindis and Carse, for the breking of ane drwme, quhilk was to ane horse-rease. In the quihilk discord Johne Kennedy of Penquhiren wes schott throw the leg ; and James Craufurd, broder to the Gudemanne of Gamier was schott in the kimellis of the thie, quhairoff he was leyammitt all his dayis." — Hist. Kennedy is, p. 12.] Letter from Gilbert, Fourth Earl op Cassillis, to the Laird OF Barnbarroch, 12th May 1575. Brother, I commend me hartlie to yow. this salbe to adver- tis yow that my freindis and servandis ar summoundit of new be the craufordis of the Kerss aganis the last of this moneth to underly the law for the hurting of Jame Craufurd in camlarg, quhilk actioun apperis to me intentit for no uther cause bot suppoising ws sua sweir to wair trawell in defence of ane part of our freindis, that rather we suld overluik the slauchtir of sum, quhilk is the mark thai schute at be sic intentit summoundis ; bot for my part the rest of the freindis sail nocht find that exampill in me to leif of sua greit ane actioun for the susteining of gretar trubill nor may ly in thair power to procur or invent. Quhairfoir we man nocht fail for the first or secomd jornay in sua gret ane causs. Believing trewlie that all friendis will CORRESPONDENCE OF SIR PATRICK WAUS. 95 regard the causs as ressone, kyndness, and honestie requiris ; seing the slauchtir of ane of our friendis satifeis tham nocht but persute of the rest, Quhairfoir I beleif there is na honest frind, that richtly regardis his honor and dewtie, will refviss to keip the said day ; to the quhilk I will also affectiouslie requeist yow, as ye will do me speciall plesor, for I mynd god willing to keip the xxvi of this instant in Edinburt quhair I beleif ye will nocht faill to be present with me, for I mynd to depart of this toun the xxiii of may. Eeferring the rest to we meit, I commit yow to god. off mayboill, this xii of May 1575, Be your bruther, Cassillis. To my bruther the Lard of barneberroch. Letter from K4.therine Herries, Lady Garlies, to the Laird OF Barnbarroch, 2d July (perhaps) 1575. My Lord, eftir hartlie commendatiounis, this present is to put your Lordship in rememberance that I causit my servand, amer Maxwell, to speik to your Lordship this day conserning the wodseting of sum land of my husband, that my husband meinis to do, quhilk is contrair my will and plesor. heirfoir I desyr your Lordship rycht effectuosle, as ye vil do me plesor, to stay your servand, Jhone Carnis, of ony sic purpois desyring of my husband ; for it will nioue me and him to greter vraythe nor I will vret. for on na vayis I vil condisend to that efect, and that be resonne I knaw it sal turne to his gret hurt, gene my sone ony wayis can do him displesor, the quhilk he may do, as I sal gar your Lordship knaw at mair lenthe. nocht douting hot ye vil this do at my desyr, as ye haue done oft befoir, haif- ing na farder ocasioune at this present, hot committis yow in the protecione of god. vretin at Mundork, the second day of July. — Be youris asurit at pouer, Katherein Hereis Ladye Garleis. To the rycht honorabill and my belouit the lord of barnbaroche. 96 COEEESPONDENCE OF SIR PATRICK WAUS. [This lady, daughter and co-heiress of Lord Herries, married first, Alexander Stewart, younger of Garlies, who was born in 1527 and killed at the surprise of Stirling, 2d September 1571. Her son Alexander succeeded his grandfather in 1590. She married secondly, John Wallace of Dundonald, who is the hus- band mentioned in this letter, because she also names her son as if he had come to man's estate. She was a minor in 1551, having resigned the Herries lands, with consent of her grand- father, Kennedy of Blairquhan, in that year. Her son had a charter on the resignation of his father in 1576, which was pro- bably the date of his marriage, and supposing that he was then aged twenty, and that his mother was twenty at the date of his birth, she would have been born about 1536.] Letter from Alexander Stewart to the Laird of Barnbarroch, 5th July 1575. My lord, Efter my hartlie commendatioun, your (1) sail undir- stand that the lard of drvmlanrik and the lard of large heiss beine trewalland betwyx me gwtsur and me, and heiss tane wpe the warrians thairof in thair handis, quhilk I cwld nocht gwdlie refuiss the lard of dumlanrik for my part, and quhat thay do thair in till I am nocht sartane ; quhairfoir I think it meit that your (L) stay the freindis and seruandis at this present; nocht the less I man thank your (1) hartle for your gud wuU, quhilk sail nocht be forzeit. the rest I remit to your (L) metine and myne, quha commitis yow to god. of quhuttwrne, the v of Julij, be yowris at povir, Alexander Stewart.^ To the rycht honorabill and my gud lord Barn- barrauch. Letter from John, Lord Maxwell, to the Laird of Barnbareoch, 26th July 1575. Honorable Ser, eftir hartlie commendationis, this salbe to latt your 11 vnderstand, thair is ane daye of merche appoyntit betuix ' He was grandson to the Laird of Garlies, and son of the writer of the pre- ceding letter. COKEESPONDENCE OF SIR PATRICK WATJS. 97 the lord scroip and me, to be haldin the tent daye of august nixt at the kyrk of graitnay. And becaus of the laitt cummerris on the middill bordouris, and the said Lord scroip intendis to be ane grait nummer, I wiR desyxe yow effectuuslie with your freindis, dependaris, and servandis, to keip tlie said daye and place in maist fensible and warlyke nianer ; as ye mil do the kingis maiestie, his hienes regent, gude and thankfull seruice, and me speciall pleser ; and to that effect to be in the toun of annand the said tent daye be aucht homis befoir nowne. Sa, luiking for your presence as said is, I commit yow to god. Oif Lochnabane castell, the xxvi of Julij, 1575. — ^Tour assurit freind, Jhon L. Maxwell. To the rycht honorable the Laird of barnbarroch. [On the 3d of May in this year at a similar meeting on the east borders between the wardens Sir John Carmichael for Scotland and Sir John Foster for England, they had come to blows. Several were killed on both sides, and the "Warden of England was taken prisoner to Dalkeith. It was therefore natural that Lord Maxwell, the Warden of the West Marches, should wish on this occasion to have a sufficient force.] Letter from the Earl of Cassillis to the Laird of Barnbarroch, 25th August 1575. Brother I commend me hartlie to yow. this salbe to remem- ber yow anent my besenes, quhilk I spak to yow at my departing, and speciaUie anent the actioun of salset,i that be your lawbour and my aine I may be grawin to sum poynt in that causs, for I haif na uther rovme that is lowss at this present, hot that onelie, quhilk is meist kyndlie, and meitest to me to vse nor ony vther that wald. uther wayes attempt to posses my kyndlie rovmes, quhilk I wald haif put to sum end. heir schortly ye myght haif ony way or dress that wer ressonabill, quhilk I may inburding yow with, to tak to ane pece of cummer 1 The Abbey of Saulseat. G 98 COEEESPONDENCB OF SIR PATRICK WAUS. for my weill ; for it wer ane frendlie pece of lawbor to bring that mater to guid poynt. As to the rest that I spak to yow, thai ar mair easie to bring to pass. The rest I refer to yowr Eemembrance and Jugement, and commend me hartlie to my sister, fferther I list not to cummer yow with langer lettre at this present, to the nixt advertisment I commit yow to god. off ardstinchar^ this xxv of August 1575. — Be your bruther, Cassillis. To my brother the Laird of barnbarot. Letter from John Duncansone to Patrick Waus of Barnbarroch, 27th September 1675. Ser, efter my hartlie commendatione, the causs quhy I send nocht your tak is nocht forgetfulnes, bot beresone^ I culd nocht get the wther tak fra W"' smyth to mak it be ; for v™ says that he left your tak in galloway with wther wreittingis, quhairfoir ye sail remember to bring it to me, and I sail thairefter do to your contentment, be guid to w™ for the yeris past, and he wyll furder me at the brether of the chapteris haid, with quham he is in guid credit. Gyf thair be in this cuntre any thingis quhairin I may pleser yow, aduertise me, and I sail do that qiihilk lyes in my powar, as knawis the eternall, to quhaes pro- tection I commit yow and your bedfallow, to quham I pray yow to mak my hartlie commendatione. fra Streveling the xxvii day of September, the yere of god 1575. — Yowris to be com- manded in the Lord, Jhon Duncansone. To the rycht honorabyll patrili waus of barnbaro. Contract between Mr Patrick Wacs and Catherine Lennox on his buying her Stock and Kindness (Tenant Eight) in Glenhowl. At the kenmvyr, the xxiiij day of octobar, the yeir of god im yo threschoyr fyveteyn yeris. It Is aggreit, and endit, be- 1 The residence of Kennedy of Bargany. s By reason. COEKESPONDENCE OF SIR PATllICK WAUS. 99 tuix M' patrik wawss of barnbarrache on that ane part, and katerin lenox, relyk of vmquhyll george lenox In glenhowill, on the vther part. In maner folio vyn; to vitt the said katerin haiss disponit and said all rycht, tytill of rycht, kyndes, and posses- sione, quhilkis scho haid, or may half ony maner of vay, In and to the fovyr merkland of glenhoYill, lyand vythin the barronie of glenluce, and serefdom of vigtoun, to the said m"^ patrik vavss, and his ayris : And Siclyk sellis and disponis to the said m' patrik all the haill cornis, beyr, and aittis, and stra, qnhilkis Is nov Instantlie In the barne yard In glenhoviU, togyddyr vyth xii kye and thair folloveris, xxvi scheip, iii horss, vyth all vther scheip and novit In the said tovne ; and siklyik admittis the said m' patrik to tak vp all restis quhatsumeuer restan on the cotmenis In glenhovill, to be disponit be the said m'' patrik to his vyss :^ and alss sail nocht aske, nor creife,^ the said m'' patrik of the thrid of ii" merkis, quhilkis hyr vmquhyll husband haid vpon the cascrew, bot that the said katerin haife plaice to aske and creife william lenox for the samin. ffor the quhilkis cavissis* the said m"^ patrik obleissis him, his ayris, and exoris, to thank- fullie content and pay to the said katerin, hyr ayris, and assingnayss, of the sovme of sax hundyreth merkis mony at the termis folloving, to vitt iii" merkis betuix and last of decembar nixtocum, and the vther in" markis betuix and the last day of Junii nixt thaireftyr. And alss the said m"^ patrik dischargis the said katerin of aU restis, and dettis, quhatsumeuer avyn* hym ony maner of vay befoyr the daitt heir of, and that Ilk ane dis- chargis vther. and siklyik the saidis parteis Is contentit that this present vreitt be registrett in the commisseris bvikis of vig- toun, and that executorialis pass thairvpon In forme as efferis. als the said m"' patrik sail pay xx libs for the said katerin to male lenox, quhilkis Is promesit hyr ; and the said m'' patrik sail delyuer to the said katerin the coppe, or principall dis- charge, quhilkis he haiss of villam lenox, quhairby the said katerin may perseve^ the said villam, as lav vill, for the thrid of the ii" merkis. And for verefication heirof the said m' patrik haiss Subscryvit this presente vyth his hand ; and Jhone > Use. " Crave. ' Causes. * Awin, due to. ^ Pursue. 100 COKEESPONDENCE OF SIR PATEICK WAUS. gordone of loychinvar, knycht, and villain lenox of calie haiss Subscryvit for hyr, and at hyr command, day, yeir, and pleiss, foyrsaid, befoyr thir vittnessis, hew campbell of lovdone, yovngar, dauid pryngyll of ,^ and villam ascbav In tonefaid, vyth vtheris dyuersis. and alss katerin sail varran the saidis cornis and geyr, befoyr disponit to the said m"^ patrik, as saidis. J Willam levinox of callie lochiwer Barnbarrache. Hew campbell of cerrinoryen as witnes. Sir John Stewaet of Minto to the Laird of Baenbareoch, 14th November 1575. My lord, I half rasauit your lettir daittit and at Mayboil the last of October, and persauis be the sam of your diseis, of the quhilk trewlie I am sory. suppois ye haif beyn hard to me yit I wiU your weUl. I haif spokin wyth willam Steward, quha affirmis the thing that I wrait of befoir to be trew, and schawls quhom befoir ye spak It, bot all this is na mater, conform to your awin last writing, I haif send this berar wyth ane discharge of ane hundreyth pundis, as ye dissyirit me. I praye your (L) stand my frynd, and performe sic thingis as ye haif promisit to me, and peradwentur I may schaw yow a peice of greitter fryndschip yit nor ewir I haif schawin yow. assuring your (L) ye haif ewill willars, and sum that ye wald not beleif, and your awin cuntre men, quha, as I persaif, inwyis^ grettlie that ye suld grow gritter nor thai in the cuntre ; quha namis I will nocht at this present schaw. Thai haif spokin to my self wary heithlie^ and lytlefuUe for sic things as I had doun to your (L), and I haif gewin tham anser. I haif disponit na manis thing bot my awin, and whom to I prefer best, and that I wald do yit, geif It wor to do ; thairfor, put thair myndis to rest, thai allegit that ye suld mak your want* that ye had coft that haiU land fra me for les nor ane thowsand pundis, and that ye had gottin for the payment of ane hundreth merkis tua hundreth 1 Blank in original. ^ Envies. ^ Scornfully. * Vaunt. CORRESPONDENCE OF SIR PATRICK WAUS. 101 merkis dischargit. I said that wes na mater ; I wald geif my geir quhom to I plesit. I suld schaw yow father pleseir yit nor I had in dispyit^ of all thair hartis ; sen, sua as I think ewiU to tyne frynds and not to haf your L, thairfor declair your mynd to me, quhat I sail Lippen to, that I ma depend thairapon. fforther, quhair ye wryit that ye ar awand me hot thre hundreth pundis, trewlie ye ar awand me foir hundreth pundis ; and, geif it beis fund wthirwis, I sail mak yow ane grit mendis, hot I am suir It is na les. as to the persut of the tenentis. It can not hurt yow, and suppois It be afoir the tyme libeUit, the tinsall of that is my awin ; In caiee it will not serf now, It ma serf efterwartis. I will not truble your L forther, bot committis yow to god. ffrom daildowr, this xiiii of Nowembir, 1575. — be yoris L at power, Johne of Mynto ky*. Letter from Sir John Stewart of Minto to the Laird of Baenbarroch, 20th December 1575. I haif rasauit the L this xix of december, bering that ye had gewin master Johne scharp instruictioun for formyng of my libel, for the quhHk I thank your L; bot I haif seyne ane tailyour mak a pair of hois in edinbrucht ane sory landwart tailyour hes mendit at haym. In your last lettir, writing to me furth of carrik, ye schew me that your awidens wes (in) edinbrucht, and now ye wryit that your ewidens is in galloway, and ye knaw thai man be had ; and siclyik ye haif writing sax tymis to me, and said in your letter that I suld nocht be onpayit of the lest peny wythin ten dayis eftir the decret wer gewin, and now ye dryf ^ the tyme wyth me as (ye) did afoir, and regardis na thing your promes. now my lord geif that be al the freyndschip that I sal rasaif at your hand, trewlie I dissyr It nocht, and yit It ma stand that my freyndschip ma do yow pleseir, and we leif all the giddir.^ forther, quhair ye wald mistane* me an hundryth pundis, and sais the secund contrack garris me av,^ In gud fayth thair wes newir ane missif writing be yow to me sen the be- ginnyng bot I haif tham, and al wthir writis that ewir (wes) ' Despite. ^ Defer. ^ If we live all together. ^ Wrong. " Au, owe. 102 COERESPONDENCE OF SIR PATRICK WAUS. betwix ws. forther as to my oxin, geif ye will nochfc send me tham conforme to your promes and hand wryit, I dout nocht hot at lenthe, suppois ye put me to cummir and expensis at this tyme, hot I will (get tham), and that I assuir yow, and forther I haif dissyirit this berar to borrow sum siluir fra yow, and geif I get It nocht, I man think my self the les in your common.^ I will nocht truble yow forther, bot committis yow to god. ffrom daildown, this xx daye of desember, 1575. — be your L, Johne off Mynto knycht. To my waraye gud Lord the lard of Barnbarrach. Letter from Sir John Dunbar of Mochrum to the Laird of Barnbarroch, perhaps 1575. Brodyr, eftir my hartly commendassionis, I resawid yovr vretting, and quhar ye mein tharin that my aent, yovr bedfallov, vas meining to yov that thar vas swm sortting your company, rathar to agment cavldneis, nor noress^ amitty ; trev it is I schev hir na les, and, as I am informit and hes hard, I vill mak yov prevy tharto at ovr metting, as tym or occasion vill serff. as for yovr devatty^ or kendess tovardis me, trevlly* in my avin parteclaris, or matteris as consarning me, I dovt nocht in yovr kendess or frenscheip quhill I hyf fardar experiens nor I knaw yet, for I consayf na thing of freindis Bot trovtht ^ and onesty, and quhat I knav ovr constant frenschippis is the veill and honour of ws bayth, and na mein in this contray mettar^ for owdyr nor ve ar, and sail beleff thaim quhill I persayf the con- trar in vord. as tovxing^ the deferens^ of ovr seruandis, and meining that ye viUit me to cavss mondork ^ labovr amangis thaim, as I covld persayf be mondork yovr seruand submettit his part tharin to yovr self, and I hard na mair tharof, and quhar ye mein that the lard of bargeny myndis to reiss^" letteris on that cavss, ye knaw I resauid the lard of bargenys letter of as- 1 Obliged to you. ^ Nourish. ' Duty. < Truly. " Truth. « More meet. ' Touching. 8 Difference. » The Laird of Mondork. i» Raise. - CORRESPOND ENCE OF SIR PATRICK WAUS. 103 surans ay and quhill he mycht hayf lassar^ to covm in the con- tray, and try the deferens amangis ovr seruandis, quhilkis vretting I sennd yov, and resauid ane odyr vretting of yovr content vyth the samin, quharthrov I am sarttan the lard of bargeny vill nocht feill to keip, or ellis geff ovp, the effek of his vretting, and than I sail bleym^ na man; or geff ye vill tak ordovr in the deferens of ovr seruandis I am plessit quhen ye think tym, and suay I salbe fovnd at all tymis in the esteet of freindly delling, and geff vdervess^ I feind, I vill be fovnd vyth godis (g) do as my onesty or honour is tovxit,* and suay ye sail feind me redy as ye vill think ressonabill. geff feell may be fovnd on my seruandis, and geff thay vill reffiiiss me in suay doing, I sail beir lyttill vyth thaim. and suay na farder to trovbill yov at this present, bot commetis yov to the preseruas- sion of the almytty ; vyth my hartly commendasseonis to yovr bedfaUov, quhom god presareff, bayth hir, and the apperans of yovr comfort in hir. Yovr broder on the avid manir. To his trest brodir off Mocherovm. barnbarocht. Letter from Patrick M'Dowall of Logan to Mr Patrick Waus of Barnbarroch, 20th April. Eycht honorable Sir and traist freynd, eftyr maist hairtlie commendatioun, this present is, and^ ye be rememberit, I spak to yow in Mertoun M^Culloch tueching the hundreth merkis money, quhilk ye promesit to me in borrowing upoun my obli- gatioun ; quhilk money I pray yow to deliver to this berar, and ressave my obligatioun fra hym upoun the samyn. Not doutting. Sir, bot ye wiU do the samyn, refers all rest to our meting at MayboUl upon Wedinsday nixt is, god willing, and sua committis yow to the protection of god. from logane, the xx day of aprile be youris freynd at powre, Patrik M'DoweU of "Logan. To the rycht honorable his traist freynd Mr Patrik Wauss of barranbarocht. 1 Leisure. " Blame. ' Otherwise. ^ Touched. ^ An, if. 104 COEEESPONDENCE OF SIR PATEICK WAUS. [This and the following eight letters, without date, or clue to date, not being addressed to Barnbarroch as a Senator of the CoUege of Justice, are placed here at the end of 1575.] Letter from Pateick M'Dowall of Logan to the Laied of Barnbabeoch, 14th December 157 . Eycht honorable Ser, eftyr my hartlie commendatioun, this present is tyll aduerteiss yow that your barne men of the frauch hes bene speikand to me efter sUuer, quhilk I suld gevin tham. Ser ye saU wyt I haif it nocht reddie at this present, and that becaus I man mak payment to Ser hew kennedie of the vnlawis, and may nocht gett the samyn to yow sa sortlie as I wald for that cans, forther ser I am contentit to augment the samyn in my reuersioun, quhilk is betuix yow and me, with the byerovn duetie^ thairof that is betuix yow and me and gif ye will nocht be contentit with this, ye wiU be sua guide as geif me ane mett[ing] day quhill efter nev yeris mess, and geif ony of thir pless yow ye will wter^ to the beraris, that my caisionir be nocht molestit quhill that day. forther ser I am informit be John gybsoun, minister of shene (?) kyrk, that the commisser is to pronunce ane decreit aganis me and my tenentis tueching certane byrovn ^ teyndis, as allegit be factoris of saulsett ; quhilk I was nevir summonit, nor the summondis cam nevir to my earis. and gif in cace I had bene summonit at logan, It is na duelling place to me this half yeir, as ye ken. forther Ser I will desyir your self, gif ye will, at the consistorie vpone setter- day nixt, to confer with robert maxwell in garrorie, rychart Campbell, and Mychaell M^crekane, to procuir ^ for me, for I haif send certane diffenss to rychart campbell to diffend my said causs, quhilk is ressonable. quhilk diffenss I pray yow Ser adwiss with, and provid betix yow and thaim ane anser to the commisser. prayand yow Ser to send me ane anser in writ with this boy quhider ye wiU Eik as said is, or contenew quhill efter new yeris mess, nocht trubling yow Ser at this present ' Byrun, i.e., past due interest. ^ Utter. ^ Appear as procurator. CORRESPONDENCE OF SIR PATRICK WA.US. 10.5 with forder wretting, bot god half yow in his protection, of the garthland, the xiiii of december. — Youris frynd at all pouer, Patrilc makdowall of Logan. To the Eycht honorable and my maist speciall Eyme and frynd M'' patrik wauss of barnbaroch. Letter by Adair of Kinhilt to the Laird of Barnbarroch. My lord, eftir my hartly commendatioun, I wass adwertesit that your Lordscheip and the besoip^ of orchnaye^ wald be oup trow wesyand^ the mwill* and the cotra. I praye yowr Lordscheip atwertiss me quhen yowr (1) trewis to be oup, and yowr (1) and that nobill lord sail half Intartenement, and be welcum rycht hartly to that thing that I maye do. nocht trebelan^ yowr (1) with fardar wrytin, bot comettis yow to god. at Drummoir x of agust be yowris assurit frend kenhelt. To the Eycht honorabill Lord of Barnebarocht. Letter from Egbert Lindsay to the Laird of Barnbarroch. My Lord, eftir my humill commendatiounis of seruice, plessit yowr (1) to wit I am put to the home be maister Eobert stewart® for the maiUis of my few croft, quhilk your (1) knawis it is mair vpon evill vill nor for fait of payment ; for the sowme is bot vi pund and xv s. my lord, I haif payet him during his enteres, and can never get ane discharge of him for bygannis. I haue send the said sylluer, quhilk I am put to the home for, to relax and consing/ quhair for I will maist emistUe craif yowr (1) ' Bishop. " Orkney. Adam Bothwell was Bishop of Orkney from 1562 to 1593. 3 Would be up through visiting. * A farm, now called " Meole." ' Troubling. ^ Chamberlain of the Priory of Whithorn. ' Consign. 106 CORRESPONDENCE OF SIR PATRICK WAUS. fawer in this causs, as my speciall lord and maister/ as I sail be redie to do yowr (1) seruice. nocht trowbling your (1) with langar letter, bot comniittis your (1) to the protectioun of the almichtie. frome vigtoun, the xxiiii of Junii. — Be your (1) seruand at vttermest of my power, Eobert Lyndsay burgess in , quhiterin. I half send the coppie of the letteris, that your (1) may know quhat yeiris I am chargeit for. To the Eycht honorabill, and his speciall gude Lord and maister, my Lord of barinbarocht. Letter from M'DowALL of Freuch to the Laird of Barnbarroch, 13th ISTovember. Eftir my mest hartlie commendasion to your loirdscheip, remembiring yow of yovr last promis to me in barinbarrovch anent the continnevasseon of all thingis betvix yovr (1) and me, for I of ne vayis covld geit ane compirance med to send to yovr (1) for favlt of ane notar, and yovr (1) red schoirtliar nor I Ivkit for alvayis I will ernistlie dissyir yovr (1) that all thingis be con- tinevit, as vas spoiking in barinbarrovch ; this I vill loik for, that yovr Q) viU do as my singgvler trest is in yov. and the eterneU god to half yovr (1) in his preiscervassion.^ from coirissell,* the xiii day of november, be yovr (1) to command at pover. French. To ane richt honorabill M patrik vauis of barnbarrovch this be delyuerit. Letter from Gavin Dunbar of Baldoon to the Laird of Barnbarroch. My lord, efter my hartle commendatioun, pleissit you to ' He was iconymus of the priory. ^ Preservation. ' Corvisel. COERESPOSDENCE OF SIR PATRICK WAUS. 107 ramember I vritt to you afor anent maistei roger gordonis pley,^ and sumpart conserning my vyfis^ pley. I half resauit na ansuer thairanent as yet, and of nev^ my vyf^ hes chargit me with letteris of Inhebetioun and arestmentis vpone my gudis and geir, as the cope* of the saidis letteris vUl beir at mair lenth. heirfor ye sail rasaif the Cope* of the letteris vith ane oblegatioun of Jhone max veil of mwrethis,^ subschrivit vith his hand as afferis, as catioun and svarte*" for the said restmentis, and to lous^ the fencis forsaid at quhais handis hes entres to rasaif the said katioun, geif ye think it neidfull that katioun be fund : praying you tha,t ye vill send me the ansuar of my fyrst vrittin, and to get me Intellegens be your aduertesment in quhat manir the actioun is proseidit betuix my vyf and me at this last dyat. farder geif ye think that thair be na dangar to me to vse my avyn^ geir vithout loosing, or fynding catioun for, the arestment, Lat it rest vnlousit ; and geif thair be ony hurt appeirand to cum vpone be that lav, ye sail fynd the catioun as is above vrittin ; or ye culd fynd the myoun® to get the arestment lousit for ane slycht catioun, that ver na vay strinyeabyll,!" I var far adetit to you, as I am all rede^^ els. thair is tua of Jhone max- veUis obligationis ; ye ma tak your schois^^ of tham, if neid requeris. thair is sum of hyr frendis that sais scho hes gottin ane decreit agans me to pay hir ane mark one the day for hir susstentation, quharof I marvell greitle, gef sa be, I nevir beyng summoned to that effect, nor yet na probatioun of the quentate^* of my leving, or yet provyn afor the comesseris, nor na vais na kynd of probatioun led thairanent to preif hir narratyve, and it is forby^* the fyrst vrittin ye vrit to me anent this actioun ; herfor my lord I pray aduerties of aU thingis as is forsaid vith this berar, and quhat expences ye mak aduerteis me thairof, and I saiU send it to you vith the thankis and trev frendschip that lyis in me to do ; and sua refaris the rest to your aduertesment vith the fyrst ye can haif knavlege of that cumis in this cuntre, 1 Plea. ' Wife's, ' New. * Copy. ^ Now Monreith. ' Surety. ' Loose. * Awin, own. ' Moyen, means. '" Stringent. '^ Already. " Choice. 13 Quantity. ^* Beside, different from. 108 CORRESPONDENCE OF SIR PATRICK WAUS. and the aternall god to haif you in his keiping. at bandone, the xviij day of Junii, Be youris trast frend at povar, Gavyn Dunbar of bandone. To the rycht honorabill and my speciall lord of barnebaroch. Letter from Gavin Dunbar of Baldoon to the Laird of Barnbarroch. My lord, efter my hartle commend atioun, pleisit you to ramember I desyrit you to speik vith maister rogair gordoun anent the agreans^ of vs conseming my croft, heirfor I desyr you to tak sum laubouris thairanent, and se geif ye can agre vs by the lav^; vising^ you to speik him in sic manir as he may tak na appinyeoun* that ye fauour my part better nor his, bot as ane equall man to se the veill of vs baith alik, quharby he is abill to do for you, and apoyint sum meitting betuix vs affor^ you or^ ye pas of this cuntre. I am hamle^ to scharge you, as ye do nocht me ; bot and ye fynd me [nocht als trev] bayth in vord and deid to you as becumis me of my devetie [ ^] morrall^ [ ^] gis of your kin or thai that geifis farest vordis thairefter [ 'J or findis the contrar I vill neuer desyr your gud vUl. and ref[erring the rest] to your voisdome ; and god to haif you in his keping.^Be youris [assurit] frend at povar, Gavyne d[unbar] of bandone. To the rycht honorabill and my speciall lord barnbaroch. Letter by James M'Culloch to the Laird of Barnbarroch. My Lord, efter my verie hartle commendations of servece, 1 Agreeance. " Law. 3 Wishing. * Opinion. '■ Before. « Hamelie, homely. ' Paper gone. « ? Drummorall. COKKESPONDENCE OF SIR PATRICK WAUS. 109 your Lo sail witt that I saw robert prestoun this day att aucht houris, with four officiaris directit with him be michael gilbert^ and Johne robertsone, bailzeis, to putt me In wairds : quhOk I persavit, and eschapit, howbeit I was nocht of that mynd. per- saweing thar unressonabill and undescreit deilling, I think of dewtie I am na les obleissit nor to use thame as thay thocht to hawe usit me. I wnderstand I am nocht in thar danger, and lykwayis I knaw your L to beir thame with better gud wUl nor me. I am to respept youris and thar gudwillis as I find thame. thai seik my wraik. my wrailt is my lyffe, and all salbe ane ; and I dowt nocht bot to start thame, or sum of thame, or^ I die. as for ony thing thay ar to burdene your Lo. for me as cautionar, Latt your L and thame contend thairfoir, for releisse hawe ye nane of -me, nor sail hawe nane. I enterit the xvi of may, as ane Instrument tane thairupon beiris, tharfoir quhat ye (ye) do, or can do, for thar pleassor, quhome I knaw ye tender mair nor me I regaird nocht. this schortle I bid your L. farweill. from duddestoun, this fryday to evin. — Your Lo tu his pouer gewe your L. be my frend, James MaCoulach. To my assurit ffrend and the honorable my Lord of bamebarroch. Letter from James M'Culloch to the Laird of Barnbarroch. My Lord, efter verie hartle commendatioun of serveice. It will pleis your (L) I ressauit your letter directed frome edyr the penult of Junii this Settirday In the kenmor^ the xiii of this Instant, to be at your (Lo) In edyr the xiiii or xv of Julij Instant, to releiffe your (Lo); for the xvi of the samyn was assignit to your Lo to enter me, or than your (Lo) to remane cautioun for me de Juditio sisti et Judicatum solui. It Is trew J Michael Gilbert, burgess of Edinburgh, is named in Register of Privy Council on 6th January 1562-3. ' Before. " Kenmuir Castle. no OOUUESrONDENOE OV Sill PATIUOK WAUS. your L Horvaiul como to this cuntrie Iminediatio iil'U'.r tlio dait of your (lo) letter, (|uha hes bene seikimd mo In all pliicoH hoir- about, bot culd' lind me quliill now, bocauss I was In Air,^ and come liame be the ryndis of galloway;" Hiia that It Ih noelit possibill to mo to k(iij) this day ol' ontrie for tua cauHHif), IJrHt becauss the proclamntion Is sa strait li(iir, that all ywrsoneH quhatsumeuer betwix saxteno and saxtcne" sail repair to the bordouris wii.h threttie dayis victuall to avail vitoiin the liiil- tennand, to the quhilk all this cuntrie is ryddie this day, bodiii In feir of woir: the quhilk I am certane wilbo ane suirKiieiit causs quhairfor your (lo) suld nocht (inter me tliin day. X knaw the towneschip will do na wrang, howb(!it my compciditour bo thair nychtbour, and I am stranger; and liowbeit the proclama- tion had bone na stay, I culd nocht cum vjiori this warnyng. Nevertheles my Lord, nocht-withstanding the jimtdainntion, for your Lo releiffts I sail nocht faill to oTiter my hoI ffe In tho tol- boyth of edyr tlie xxv of this Instant, to abyd and suflir all that tho law will astrictt me to, quhilk I traist salbo lytill, geiffo Justeis haw plaice ; as I am uBHiirit I will ressauo na wrang lio that Jugement, and geiffo thay vthervayis do, I knaw quhair to remeid it. Nochtwitlistandingthat tliis j)ro(;lamation wilhe ane sufficient defenss for my entrio at this tyirie, I will say that, apairt and withowt ony lorder delay, I sail enter tho day I'orsaid, and that day geilfe" In my delenHHis, gewe thai will coiitinew the mater In the same estait as It Js In now; vthervayis Lait thame proceid as thai plcis, i'or the greitter wrang I gett I am the bettir. 1 traist na Suddanetio wilbe vsit bo thar .liigis for ony particular solistation ol' my aduorsaris, qulia I grantt lies mair court thair nor I, bot In vther places we ar alyk. god gi'antt thame patience, bot he will derectt thair pioud and greddie harttis as I hawc, or Is to ressane, ganis. the Lord prosper thair pakkis.* I will seis to prciche, bot I will committ your (lo) to the protection of the almiehtie. irome kenmor, > " Nouht " Bcoms to bo oniiUed licin. « Ayr. « Tho Rl/in« of Oiillowiiy. ^ Mistttkc for " Huxlii;." » (Jivii. " I'uik, a trick. CORRESPONDENCE OF SIR PATRICK WAUS. Ill this xiij of Julij. — Your Lo assurit ffreind at his power with serveis, James Makculloch. To the Eycht honorahle and my verie gud Lord my Lord of barnebarroch. Letter from Patrick Fleming to the Laird of Barnbarroch. [Holograph.^] My lord, efter my maist hartle commandation, I hafe resawyit your (1) presep of warrandis in dowbill form ; your (1) sail ows the overdowir^ of law as yovr (1) thynkis gud. I wyll nocht par- dovrb your (1) in the law for hynderyng of your (1) prosedyng wyth otheris nor me. I wyll kip your (1) frist regument of the frist somontis * your (1) send me wyth yowir (1) handvryt, nocht to be ablamett * thairwyth, becauss yovr (1) behovit to varn the haill landis : thairfoir my lord I salbe the gud fallow, and sail stoip nane of yowir (1) prosedyns, lowkand * for kipand of promyssis. gif promyssis beis nocht kipit, I wyll say sum thyng, and pair- haipis do sum thyng to, to tham that wryngis ® me. It is lattyng me to vnderstand that your (1) sovld assend ' to me to await your (1) at girwand ; I vas neuer that provid ^ bot I vald await your (1) feirdar ayf nor girwand, geif your (1) wald arequhyerit* me. your (I) sail onderstand I com to na trystis wythovet I be dis- syerit thairto, and weist nocht of your (I) beand thair ; bot als mekill as sanderis makye com and spak wyth me, and schow me your (1) wald be thair, and sperit ait me gef I vald be at the tryst, I schew hym'gif the lord bargane i" send me vord to com thair I vald com thair. Sanderis makye dissyer at me gif yoor (1) and I was agreit ; I belefe he kan tyU my storie on to your (1), gif he has nocht tald It. he schow me ye paroffart prestre ^^ to hym, and said that your (1) had greit vith ma. your (1) may gif prestre quhom to ye pless, bot nowder your (1) nor na ovder that ' This letter is more difficult to decipher than any in the collection, and some of the readings are doubtful. " Use the overdoing. ' Summonses. ' Blamed. 6 Looking. * Wrongs. ' Have sent. 8 Proud. ' Have required. ''■" Kennedy of Bargany. " The fai-m of Prestiie. 112 CORRESPONDENCE OF SIR PATRICK WAUS. wyll ouder mail with prestrie wythowit my gud wyll and kyndass he salbe sowrit ^ he sail hafe nene of my gud wyll, and salbe sour ^ of ane evyll torn. I belefe Sand«ris makie wyll schovit * na manis kyndle roumis to hryng hymsalfe in trubill, nor na other honest man mair nor he. my lord, I har monythyng, and mair nor I lowkit for, at your (I) last mettyn and mynd : I belefe It ovderwyis nor I am informeit now, bot yovir (1) Is be- haldyn to your god that has that * to speik and thynk quhat your (1) plessis, and do thairefter as youir (1) thynkis gud I haife to do, and may nocht kyp your (1) covrtis in vyigton in respek that the young lard of garleis Is ewyll giffyn on to me, and that nocht of his awane haid, bot of gud consall geffynd hym quha wald haf me teik It ovt of thair way, bot godwyllyng he wyll tak batter avyissmant, and the wryk ment to lycht on tham salf that conssalis hym. now my lord your (1) knawis I hafe bund my factoris with mony gud wordis, baythe be tovng and wryit, wyth your (1) this viii orr ix yeris bygan, and nocht to my proffet as yet ; thairfoir my (1) I vyU dessyir yowr (1) now at ane instant to lat me knaw of yowir (1) gud wyll and kyndass, and quhat I sail lippin on to, and gif the andsovir ^ vn to this berar wyth owt dessaitfovU turnis. your (1) knawis my honestie vn to your (1) ; as to yowir (1) honeste vn to me as yeit, ryekynd^ wyth yowir (1) awane weysdom, I think to ryid owt wyth in viii or ix dayis to cowrt, hoipand, my lord and chaef,' to be restorit. thair- foir I vyll dessyir your (1) andsovir^ that I may knaw the grun^ of your (1) gud mynd : gif It beis foir my contentment I am the mair behaldyn to your (1), gif It beis nocht I am the las adetit vn to your (1) ; and gif your (1) wyll wryt me na andsour ^ I vyll lovik ^ foir na fordar gud wyU novr kyndass of your (1), and your (1) sail do the lyik of me, for I gait na kyndass I aycht i" the las gud vyll. refferis the rest to your (1) veissdom wyth your (1) andsour. mak my commendation to my lade your badfallow, and tyll her (1) I kipit promyis vn,to her that scho dessyir It me, sopos It vas skythe ^^ vn to my sell, thair is a god owr, and this I bid the ^ Assured. ' Sure. ' ? Shout, or covet. ^ Perhaps couraj or coning. " Answer. ^ ? Reckoning. ' Doubtful. ^ Inclination (doubtful). ' Look. i» Aucht, i.e. owe. " Skaith. CORRESPONDENCE OF SIR PATRICK WAUS. 113 lord to haf yout (1) in kipand at the xvi day of October be your (I) as the caus requhyris. patrik flemyng. My lord gef your gud son or his fader myUlis^ vyth ony thyng I haf ta do vyth I inform your (1) thay salbe sour thay had batter lat It alan. To my gud lord my lord barynbaroche. [The Laird of Barnbarroch was Iconomus to the Priory of Whithorn. The expression at the beginning of the following letter from Lord Robert Stewart, the commendator, " ye will end with me gif ye may haif ane helper," may point to its having been written when he agreed to undertake that office. Lord Robert was created Earl of Orkney in 1581 ; it was therefore before that date.J Letter from Lord Egbert Stewart, Commendator of Whithorn, to the Laird of Barnbarkoch. My Lord, Efter maist hartlie commendatioun, I haif ressauit your letter, and vnderstandis that ye vill end vitht me gif ye may haif ane helper, quherby that your contrei men suld find na faut vitht yow in respect that all tymes ye villit them to do their dutei vnto me. as to their part I talk small accumpt of it, but it is our lang to live ane vthir yeir ^ quhHk is verray hard to ane gentUl hart to suffer the ingrait handeUng of sik as he hes bein beneficiall vnto. for my part I haif concludit vitht my self, as I vrett to your (L) before, and, gif ye mean to end vitht me, the shoner the better, for I haif driven vtheris of for a quhyll, to quhom I man gif ansuer about sanctandroiss day ; therefor it is best that your (L) and I be at sum certeinty, for gif I cast vtheris of for your causs, it vere maist meit that we vere at sum point. I traist that my servand homer shew your (L) the particular sowm quhilk I desyr be cordit,^ and let yow send sik ansuer anent the sum as ye think guid, and the vther availl quhat ye viU bid. not villing to truble your (L) vitht ' Mells, i.e. meddles. ^ Illegible. ' Acoordit, agreed. H 114 COERESPONDENCE OF SIR PATRICK WATJS. prolixit letter, but referris credit to the berar, and sua comniittis your (L) into the protectioun of the eternaU. from stirvelingthe xxvii day of november.— Your (L) assurit freind, Eobert commendator of quhithern. My creditoris are verray sair in craving their dettis quhilk compeUis me to maik the greter diligence, or sum nioyen to get my selfe fred therof. To the Eycht honorable and speciall guid freind Laird of barnbarracht. Mr Patrick Waus's Appointment as a Lord of Session, 11th January 1575-6. Eex. Chancellare, president, and lordis of counsall and sessioun, we greit yow weill. fforsamekle as it is vnderstand to ws, and cure rycht traist cousing James erll of Mortoun, lord of dal- keith, Eegent to ws, our realme, and leigis, that thair is diuerss places vacand of the ecclesiastical! personis of your nowmer, quhairby our liegis ar hinderit of Justice, And knawing the gude qualificatioun and affectioun to our seruice of our weilbelouit Maister patrik "Wawss of barnbarrach, persoun of wigtoun, haue thocht expedient To nominat the said Mr patrik to be ane of the senatouris of the said college, and to be placit in the rowme of maister Eobert maitland dene of Aberdene, vacand be his inhabiHtie ; Eequiring yow heirfore To admit and ressaue the said maister patrik in the foirsaid rowme. To haue vote amangis yow as ane of the ordinar senatouris, Eessaue his aith of fidelitie . for administratioun of Justice, As vse is in sic caisis. Gevio vnder our signet, and subscriuit be our said cousing and Eegent, At Edinbur*, the eUevint day of Januar, And of our Eeignn the nynt yeir, 1575. James Eegent. (Dorso) X January 1575. Admissioun of Mr patrik waus persoun of wigtoun In ordinar place of maister robert maitland. COEEESPONDENCE OF SIK PATKICK WAUS. 115 [The following letter is by Margaret Kennedy, widow of the third Earl of CassiUis, who died in 1558, and daughter of Ken- nedy of Bargany. She had been previously married to Sir Thomas Wallace of Craigie, and thus calls the Laird of Craigie her son.] Letter from the Countess of Cassillis to her Son-in-law, the Laikd of Baenbaeeoch, January 1575-6. Sone, efter hartlie commendatiounis, ye sail wit I haif resavit ane wretting of youris fra Jhone murchie, and I senit till Sir Hew at your desyre ; and ye sal wit that it is schawin to me that my sone the Laird of Cragy suld sell the Landis of ferstoun to my Lord regentis grace, quhairfore I pray that ye wiU schaw my Lord regen that the thriddis of theis Landis ar myn for my lyftyme ; and suppois my sone the Laird of Cragy hes said to my Lord regentis grace that he will satisfie me, I watte nocht quhow that will be ; hot alwayss I wald that ye aduerteisit his grace of the maner ; for geif I be nocht satisfeit, I man speir efter the thing that I haif rycht to ; and ye sell send me his answer in wrette With the nixt that cummis betuine. ye sell resaue the keis of my mikkle coffer, and is for the lytill coffer ye man gar mak ane key tUl it, and ye sell wrette to me geif ye haif gottin sic graith is I wrette to yow — Ye sell send me word quhat my sone thomas^ did anent the day that wes betuix his brother and him, or quhat estait it standis in betuix his brother and him, and quhow thingis is lyk to work anent my sone my Lordis ^ awin business — Ye sell wit that the Laird of " keluod " ^ is trans- portit out of " thomastoun " * till "craigneill,"^ bot he grew cummirsum, and spak prud wordis, that thai that wes with him mycht scaircelie suffer him, and had maist groun tiU euill amang ^ Sir Thomas Kennedy of Colzean. " Fourth Earl of Cassillis, died 1576. ' John Corrie of Kelwood. ^ Thomastoun Castle, about half a mile south-east of the present Castle of Colzean. ' The residence of the Earl of Cassillis, near Colmonell. Kelwood was taken to it on 3d January 1675-6. — Beg. Privy Council, 9th February 1575-6, 116 COEEESPONDENCE OF SIR PATEICK WAUS. thame.^ is for novellis, ther is none in this cuntray, uther nor that quhilk I haif wrettin, and geif thir wer ye suld be adver- teisit. Ye sell send me hame sum part of aplis, and franche peirs, geif ther be ony ther, with haif ane ell of fine blak satin. I will nocht cummer yow with langer letter, bot referris as till your nixt adverteisment ; and, geif ther be ony uther thing that ye wald that I did, adverteiss me, and it sell be done. I haif nocht gottin wit, nouder in word nor wrette, fra my dochtter sen gilbert M'Alex' brocht me it. nocht ellis, bot committis yow till the Almychtie god, quha motte haif yow in his keipping. frome Mayboill, the penult day of this Instant moneth. — Be youris modir, Cuntes of CassHlis. Too my sone the Laird of Barrinbarroch. Letter by Michael M'Crekan to Mr Pateick Waus of Barnbarroch, 29th January 1575-6. [Holograph.] My lord, efter hartlie commendatioun of seruice, I wraitt of befoir [ 2] sum thing quhilk concemit ^ This seems to refer to the story which is thus told in the ' ' Historie of the Kennedyis : " "At that time the Laird of Kelwod, heing ane depender and servand to my Lord of Cassillis, byis fra ane pwir wyff ane peace of gold, quhilk they callit ane leigna, off ane pund wechtt or thairhy, quhilk scho fund in ane bame within my Lordis landis. And the word ryssing that the same suld be xx tymes als gude as it wes, my Lord send to Kellwod, and desyritt the sarain to be send to him ; bot Kellwod refuissit, and said that the samin wes his awin, and that he had bocht the samin with his awine mony. My Lord, resaffing this ansuer, wes in ane gritt readge thairat ; and the Laird of Bargany being in MayboU, they maid to tak the Laird of Kelwod out of his hous ; and being maister of the fieldis, incloisit the samin. And coming in the nycht to the yetthous, quhilk wes joynit to the jay me of the mayne hous ; the pend of the yetthous being thair warrand that the hous culd not do thame wrang, thay brak ane hoill throw the wall of the jayme. The Laird of Kelwod, fering the samin, cum to taking with thame ; and wes content to cum to the Laird of Bargany vpoue conditione that he vald saifF his lyff. And sa he wes tane, and brocht to MayboU. And the gold being send, he wes sufferit to depairtt. But so schone as he wes out of handis, he rydis to Edinbrughe, and chargis thame to compeir for his taking ; quhair thay war evill trublett ; bot in the end gat monyis, and wes fred fra the same. " — Hist. Kennedyis, p. 11. ^ Words obliterated by damp. COEEESPONDENCE OF SIE PATEICK WAUS. 117 my self, to haif bein resolute of [ ^ ] of the quhilk I obtenit na anser as yitt ; And now margaret ahannay and pate mvldin hes bein at me,- schawand that the seref wald haif poyindit thair guddis for the raleif ^ of the landis of capan- ach, exteinding to xxij^'' ; x' of quhilk restis vpoun the schirreff. I past to the serref, and hes gottin the samyne Supercedit for xxi dayes. Thairfore ye pleis to maik sum dress thairfoir, and see gif ye can gett the samyn dischargit ; for the young serref Is past furth to the effect to raleif his fadar, gif he may, of the vnlaw quhill the nyxt chakkar. ye haif your bruther dochter ^ raleif to do for, and ye ar addettit to raleif the said margaret ahannay in your contract of the samyn, quhilk I am assurit ye wiU do. I pray your (L) to do diligence heirintiU for the weall and honour of thaim quha traistis in yow. nocht dowting the samyn, and your anser. At wigtoune, the xxix day of Januar, 1575. — ^be youris L seruand efter seruice, Michael m°crekan burges in wigtoun. I can becum ta na money fra william M'CuUoch, quhilk I knaw Is far by * your (1) command at your departing. To his maist speciall lord Mr Patrik Wawss of barnbarroch. Letter from. Michael M'Ceekan to the Laied of Baenbaeeoch. [Holograph.] My lord, efter my maist humyl and hartlie commendationis off seruices, I ressauit ane writtine of your (1) concerning the anser of my writting send to your (1) befoir my lord cutt away the formar expectationis, and cans execute of the new be Sum guid and faithfuU messingar ; for as to m^morran, he is nocht luiffit be thaim ye haff ado with, and rycht sua. I vnderstand him to be facile, and sua wUlis your (1) to cans do your execu- 1 Words obliterated by damp. ^ Belief. 3 Helen Waus, wife of Alexander M'Kie. * Contrary to. 118 COEEESPONDENCE OF SIE PATEICK WAUS. tionis and denunceationis formalie be gude ordour, and than all your (1) purpossis cummes directKe. quhat seruices I can Is reddie to be commandit. tbankand your (1) for tlie fauowraMe writting contenit in your (1) last writting, IsToclit forgettand my humyll commendationis of seruice to your (1) ladie, Nocht tru- billing your (1), bot committis your (1) to the protectioun off the almychtie. At Wigtoune, the nynte of aprele, be your (1) seruand to be commandit, Michael m<=crekane. To his maist special lord my lord off Barnbarroch this be deliwerit. [The writer of this letter and JVL'Morran, whom he holds so cheap, were both messengers-at-arms.] Sir John Stewaet of Minto to the Laied of Baenbareoch, 16th February 1575-6. [Holograph.] My lord, eftir my wareye hartle commendatioun, I haif rasauit your lettir, schawand that ye had seyn ane lettir of myne send to my cousing willam steward, schawand that geif balsmyth ^ wor nocht ane fyif pund land, and geif I haif nocht stennok ^ In my confirmation and chartur, that I wes content to oblis myself to discharge al the obligatioun that suld be payit In caice my lord robert ^ obteyn withorn of his part, my lord, I trow ye sail nocht. fyind my writing beir that, bot I am content geif bal- smyth be nocht ane fyif pund land in the old rentall ; for I had na wthir ground to mak my few chartur bot onlie apon the rentall. for It ma be mair nor fyif pund land, and It ma be les, bot trewlye the rentall beis sua. yit notwithstanding I am con- tent as it be delyit^ furth of the contrak and charter, and sa mekill of the sowm be defasit as balsmyth cumis to. or yit, geif your L plesis nocht that, geif it beis tryit efterwarts that balsmyth be les nor fyif pund land, I am content to obleis my ' Name of a farm. " Lord Robert Stewart, Commeiidator of Whitliorii. ' Delete. CORRESPONDENCE OF SIR PATRICK WAUS. 119 self to rebat sa mekill of the obligatioun that I few to god to obteyn, or ells to randir sa mekill siluir, quhilk ye pleis, as the said balsmyth wantis of fyif pund land according to your pay- ment, or mair be your awin resonable discretioun ; and ane of thai I think your L can nocht weUl refus. as to stennok I know the sam to be in my chartur, and confirmit be my lord of lewinox,^ for I wil put yow In remembrance quhen ye gat prestre ^ fra me, ye causit me to mak my chartur of new, and quhar barwarynocht wes in my chartur fyifmerk land, ye causit me mak It bot foir merk land, and causit me alter the hail pey- ment of the hail soumis of preste,^ and causit me get that chartur confirmit, and nocht my first chartur, and sua I can nocht obUss my self to tyne the adwentur of fyif hundryth punds, quhilk the obligation will cum to, for the peyment of sa mekill silver as the distans of the landis will extend to. quhair ye wald knaw the tyme of the confirmation, In gud fayth I ramembur It nocht Weill, bot my lord of lewinox^ ring^ wes schort, and It ma be swn soch[t] furth for sobir exspensis. my lord this far I will do, and lat me haif your Lordschipis anser als schortle as ma be, for your L knawis I haif had ane gentUnian stiU waittand apon this tua moneth and mair, and now I haif ane ansur. forther my cousing will schaw yow whom to It will plis your L geif creddit. I will nocht truble yow forther. of Daldown, this xvi of februar, 1575. — be your L at al power, Johne of mynto ky'. To my Waraye gud Lord. the Lard of barnbarrocht. Letter from Niohol Dungalstone, Minister at Kirkinner, to Mr Patrick Waus, 27th February 1575-6. [Holograph.] Eycht honorable Ser, efter my hartlie commendatioun of service, plesit yow to wit my Lady your wyf schow me that your m wald remember of my causs anentis the lard heron vit- nessing, and do for it ; prayand your m to se gif ye may get me Dravin, and that in respect I knaw nathing in that actioun, as I ' Lennox, Eegent. " Name of a farm. ' Reign. 120 CORRESPONDENCE OF SIR PATRICK WAUS. sail anser befoir god, saiffand that patrik m-'dowell in librek had sic ane voman mariet, callit to name christin m'dowell. Mairower ye sail wit that day Johne martyne, vicar off Long- caster.i rasit lettres, summonding me to edinburgh aganis the sextene day of fabruar last bypast, alleging and saying that I had put him wrangusly to the home, and that in respect he is contentit to decest ^ and ceiss * fra my designit landis at Long- caster, and hes fund cautioun befoir the Lordis to that affect, and hes gottin my lettres of horning suspendit to the xxiiij day of fabruar last vas ; Quhilk lettres of horning, and copy of the said summondis, I send to striviling,* to my cowsing^ the kyngis (g) minister, togidder with the executionis of the said lettres, desyring him be his acquentance to causs kep my day of comperance, quhilk vas the xvi day of fabruar as said is, and I can nocht tell graythlie quhat is done thairintill, for he hes vrittin to me that he vas requestit in edinburgh * to tak vp the mater quhill his cummyng in galloway in hope of concord, quhilk wald be, as he vrittis to me, about the fyrst of merche. I half luiked avill '^ vpon the mater, for gif I had send my lettres to your (m), ye wald half gottin me ane decreit aganes my com- peditouris, and also vtheris lettres direct to the serref, to put me in possessioun, and I fear now, ser, throw my cousingis negli- gence in my absens, gif the lettres be callit. It will preiuge my rycht for a tyme. Quhairfoir, Ser, It will pleis your (m), gif the lettres be callit befoir yow in my absens, to protest that thai sail nocht preiuge my rycht or title, forder than vnto the pro- ductioun of my lettres of horning, and also to get me ane decreit contrar Dene Johne martyne,^ and that becaus he hes grantit to desist and ceiss in all tymis cummyng, and hes fund cautioun actit befor the lordis to that effect, as the nerratyve of his lettres beris. And in your absens, ser, causs sum of your acquentaince to liaif respect to thir premissis quhill your cummyng bak to edinbrugh again; gif thai sail happin to be callit, m'^ robert ' Longoastle. ^ Desist. ' Cease. < Stirlino'. * Cousin. ' " Not " seems to be omitted. ' Evil. ' Dean John Martine belonged to the Priory of Whithorn, for which Mr Robert Stewart seems to have acted as agent. CORRESPONDENCE OF SIR PATRICK WAUS. 121 steward lies dene Johne martyn.es lettres, and dois all that he dpw for him to hinder me. I haif trubillit your (m) "with our lang letter, nocht ellis, but referis the rest to your (m) visdoum in the Lord, To quhais Infallible protection I committ you to. of kirkynner, the xxvii of fabruar 1575 Be youris servand — at his uttermaist to be commandit, Nichol Dungalsone minister at kirkynner etc.^ To the rycht honorable and his speciaU guid master Mr Patrik Wauss off Barnbarrache and lord of cessione. Letter from Thomas Kennedy of Bargany to the Laird of Baenbarroch. My Lord, efter my maist hartlie commendatioun. Your (1) Eamemberis the decreit obtenit be ewffem forgussoun aganis the Laird of kellwod* for hyr fatheris Infeftment of the Landis of knokgeirane and altucapiU m°cubein, vpone the quhilk scho obtenit letteris of four formes, chargeing kellwoid for delyuere to hyr of the samjTi ; with the quhilk he is chargit, and I vnderstand he hes send to get suspensioun of the chairge, quhairvpone I ■will pray your (1) to attend, and stop the samyn as ye may, except be fullfyUing of the decreit ; for thocht kell- wod wedd consinge' ane Infeftment of alss mekill als guid land, yit scho can nocht enter thairto as air to hyr father ; and I beleif he sail nocht Infeft hyr of alss mekle of hyss, to be ^ The will of Lady Janet Kennedy (Lady Bambarroch), who died there on 8th Jane 1566, was written and signed by Nicholaus Duugalsovm, minister of Kirk- inner. On the back of it is written : ' ' The cost of this testament eonfirmit as It standis extendis to four pnndis vii s. viii d. — Duncane levingstoun." ' George Corrie of KeUwood had been taken prisoner out of his own house by the Earl of CassUlis and the Laird of Bargany on 11th January 1575-6. He was then at the horn, from which he was relieved on 14th February 1575-6. This letter may have been about that date. — Seg. Privy Council. ' Consign. 122 COREESPONDENCE OF SIR PATRICK WAUS. haldin of his superiour in the samyn kynd, as hyr fathir had the vthir Landis of the abbot of croceraguell perpetualie in heretaige. giff he pass to the home for nocht fullfyling of the chairge, ye Eamember quhat was aggreit vpone betuix ws, quhilk for my part I sail keip. I luik for the samyn in your (1). Eamitting all vthir thingis to your Q) aduerteissment, and will nocht truble you with langar letter, I commit your (1) to god. of bargany, this viii of July. — Your (1) assurit at pouar, Bargany. To his speciall guid Lord my Lord of Barnbarrach. Letter from the Earl of Cassillis to the Laird of Baenbarroch, 11th April 1576. Brother, I commend me hartlie to yow. I half ressavit yowr wreitting, and findis guid to use your aviss as ye haif writtin. And ferther I man wreit to yow to tak sum ordour with the Justice clerk anent lettres, quhilk I rasit upoun the Lard of kerss, to underly the law agane the x of maij, quhilk can nocht tak na guid success in ony effect worthie to me or my freindis to travell for, in respect Johne chalmer hes showin me that the Lard of kerss i and his complices hes gottin ane Eespit for ane yeir, sen I come of edinbur* that I usit the lettres to persew that actioun. Lykewayes I man travell to haif the homing upoun the tenentis of salset ^ reducit or annullet be your help. In re- spect he hes na actioun aganis them, bot aganis me, quha aucht him nowther males nor dewities ; and as for teindis, I can nocht tell gif he hes provin ony, for with me quhome he hes intentit the actioun he haid never raid Eentell, nor Inhibitioun of ony teindis. And as for ony uther Dewitie, he hes nane to craif of me nor my tenentis, quhairfoir It appeiris to me the horning led aganis thame aucht to be found null and of nane effect, for as ye know sundry of thair eschat Is disponit be his lettres of horning, he having na actioun aganis them, nor nathing to craif on thame. ^ Craufurd. See letter from tlie same, 12tli May 1675. " Saulseat, COKKESPONDENCE OP SIE PATEICK WAUS. 123 becauss I am to ryde in carrik this weddinsday, quhair I mene to remane quhill xday ^ I may nocht guidlie be at yow at that tyme, hot I sail visit yow oft aneuch efterwart, quhen ye and I bayth may haif bettir oportunitie. Ferther my fader haid lettres, be chargis bayth of the auctoritie and secreit consaU, chargeing the haUl tenentis of the bishopric of galloway aboue crei to anser him as thair baillie in the service of baiUiery, in oistis,^ and raidis, and courtis, as thair baillie ; quhairvpoun to my appir- ance It wer neidfull to haif lettres of the sessioun to compell tham to obey according to the tennour of my Infeftment, but * ony vther exceptioun, or allegence ; seing I haif the lettres yit to schaw quhan my fader gat thame compellit, xx yeiris or * his deceiss, to obey in seruice and Jurisdictioun according to his office ; vpoun the quhilk it is neidfuU I haif new chargis accord- ing to my infeftment, lyke as my fader haid vpoun vse and pos- sessioun of his office vpoun less tytle. In this ye will writ me your aviss, and apperance, quhat way ye think meitest to be followit for the weUl of that causs, ffor I vnderstand ye can gif me best aviss in that of ony man. Ceising to cuminer yow with langar lettre at this present, Eeferring the rest thairto, I commit yow to god. off the Inche, this xi of aprUe, 1576, be your assurit bruther, Cassillis. To my brother The lard of barberroth. Letter from Lokd Euthven to his Brother, Sir Patrick Waus, 16th April 1576. Broder, eftir maist hairtlie commendationis, I resauet your lettre the xiii day of this instant, calling me to remembrance of the signotour of escheit, quhilk was past to ane seruand of youris that day ye departit heirfra, and to caus expeid the same with diligence. Quhairin I knew na thing bot the same had bene exped lang or * now, becaus I directit my seruitor hew be thairto at my Last passing out of this toun ; and now, sen the " Tenth day. " Hosts. ' Without. " Before. 124 CORRESPONDENCE OF SIR PATRICK WAUS. resait of your lettre, is informit be him that he past the said signatour throw the Eegistrare at your seruandis desyir, and he Lute^ the same ly sa lang thairat vnpast throw the seillis^ quhUl the man quha aucht the escheit come hither with a sup- plicatioun to my Lord Eegent, and gat a signatour he sum moyan, and freindis of court, disponit to him self, with a charge to the Eegistrare, and seillis to exped it with diligence, quhilk is not subscrived be me nor nane of my clerkis ; and sua in the defalt of your seruand, throw his negligence, that mater is alto- gidder mishandillit ; quhairat I am verie offendit, and at hew tod, and your seruand, that hes bene sa slowthful ; for I had rather gevin ten tymes the awaUl of the mater or ye had bene dis- apoyntit; hot, quhen sic thingis occurris in tyme cuming, they sail not be lippenit to slewthfull personis, for I beleifit assuredlie your seruand had ressauit the same that same day it was sub- scryved. It is possible that the man hes committit vther crymis, as abyding fra raidis, quhairthrow his escheit may yit be disponit. In caiss he haue not maid assignais to the former. Sua, ceissing to truble yow with langer lettre for the present, com- mittis yow to the protectioun of the eternaU. ffra ed"^, the xvi of AprUe, 1576. — ^Your Lowying and assurit broder, Euthven. I beleiff your seruandis gyft sail yit prewell aganis the wther be the law, becaus it wes first past my reg'' quhairin ye will gett reso- lutioune. To his weillbelovit broder The Laird off barnbarroche. Letter from the Earl of Cassillis to the Laird of Barnbarroch, 19th May 1.576. Brother, eftir my maist hartly commendatioun, this salbe to • Let. = Seals. CORRESPONDENCE OF SIR PATRICK WAUS. 125 desyre yow hartlie that ye will tak sum attendence to the help of the persute of this causs, quhilk is Intentit aganis me be the Lard of kelwod^ be diuersis summoundis, quhilk he hes inventit bayth at his awn instance, his freindis servandis and tenentis, to draw me, and my freindis servandis and tenentis, undir danger of spulzie, as this berar can mair amplie declair yow, with my anseris thereanent, to gidder with the snmmendis quhilk he hes intentit. fferther I half instructit this berar to schaw yow my mynd, as I haif send in monet with him concerning my besenes of Salset, quhairin I dout not ye will do the friendlie help ye can, that I may eschew danger of inconvenienc anent the manis or teindis — I being anis ^ taksman of the said manis, as of the remanent of the benefice, and never being warnit therefra. At leist the occupiaris wes never haldin to leif the samen, now- ther be condition nor warning, quhairin ye knaw the ground of the proceidingis in this causs better nor I can informe yow as anent the teindis, becauss he Is nocht abill, as I vnderstand, to preif the quantite on me ; as also it Is of treut I never mellit with nathing that I knew to be ony thing hot my awn propir males and fermes of my awn heretage. Quhairfoir gif the same mycht be brot to that heid that I mycht be fred of biganis to he mak sum particular raid in respect I am heretor, quhais pretendit or allegit rentellis I aucht nocht to be subiect to; quhairin I dout nocht hot ye will do in that causs of myne that gudlie ye may. Eeserving the rest to your nixt advertisment, I commit yow to god. off mayboill, this xix of May, 1576 be youris assurit bruther at powar, Cassillis. To my brother The lard of barnebarocht. Letter from Thomas Kennedy of Bargany to the Laird of Barnbarroch, probably July ] 576. My Lord, efter my maist hartlie commendatioun, It will pleis your (L) wit that Jhone craufurt of camlarge hes causit sum- '. • See note to letter by Countess of Cassillis, s^upra, p. 116. ° Anis, anee, once. 126 CORRESPONDENCE OF SIR PATRICK WAUS. mond barnard fergussone of kilkerrane, and vderis tennantis of that Land, to his sone duncan craufurtis instans, as donator to the ward of the said Land, to compeir befoir the sereff of air, or his deputy, in the tolbuithe of the same the viii day of this instant Julij, as your (L) will persaif be the summondis, quhilk fra this beirar your (L) sail rasaif. And becaus it is of waretie ^ that thair is daidlie faide ^ standand betuixe the houss off cassillis, the frendis and dependentis thairof, and the houss of kers, and the frendis thairof, of the quhilk houss Jhone of the camlarg and his barnis ar werrey neir of bluid; And seing, me Lord, that barnard fergussone and all his, hes bene and ar frendis and dependentis one the houss of cassillis, quhome aganis daidlie inametie ^ is borne, I will hartle pray your (1) to causs m" * ane bill with all diligens posseabill, and that it be giffin in befoir your Lordschipis, to "get that causs adwocatit fra befoir the sereff to your self&s, becauss the said bernard may nocht rasort to that toune for deffens of his actione without the con- wocacione of his freindis, be rasone of the said standand. de- syring your (1), as euer I may do your (1) plesor, and as ye ragard the weill of the freindis of that houss, to do heirin as I haiff wUlit yow, be the quhilk your (1) sail adet me to do yow sic freindschip and plesor, as I may quhen your (L) pleisis charge, and that your (L) respect the schortnes of the tyme. nocht douting bot your (L) will talk this paine for me for the causis foirsaid, I commit your (L) to god. wrytin frome bargany, this fuirsday at nycht, be youris gud ffrind at my poware. Bargany. [The outer sheet, with the address, is torn off.] Letter by James Kennedy to the Laird of Barnbarroch, l-3th September 1576. My lord, efter my hartly commendatioun of servyce, sen I ' Verity. ' Deadly feud, which, if it did not begin, was renewed, in February 1575-6. ' Enmity. ' < Mac, make. CORKESPONDENCE OF SIR PATRICK WAUS. 127 departit fra your (1) at glenluce I half spokin my lord of mortoun, schewing that your (1) culd nocht be abill to keip the appointit day in Stirling for sindrie occasionis of let ; but wald, geif his (1) plesit, speik with him at your (1) field ganging to the sessioun the xxiiij of October nixt, quha answerit he wald nocht credit that your (1) wald stay your cumming to him wpon ony wther quhatsumevir occasioun ye had to do, seing he had niaist to do with your (1) nor with ony wther of the freindis he hes writtin to, as also partlie be your adwyse and cunsell he wes maist perswadit to the accepting of the tutorie of cassilHs vpon him, and also wes willing to end with your (1) presentlie, quhairfoir willit me not to faill to adwerteis yow heirof, and "that your (1) suld not faill to keip the xv of this Instant, quhUk I pray your (1) to do, and schrink for na travell ; wthirwyss I suspect thair salbe thingis doine be my lord of mortovn concern- ing that purpoiss, quhilk your (1) and the haill freindis sail mislyk, geif ye remane at hame; and geif ye ryd afeild, he will work be your adwysis, and be your (1) speciaUie, for your (1) sail wit I resauit ane Indifferrent hard answer to thomas^ kennedy, and I find my lord scarslie content with him, and quhat trubill that will work your (1) may considder, but I suirlie wnderstand that your (1) feild ganging with als mony of the freindis as ye may half with yow, will bayth agrie my lord and thomas, and be ane occasioun that my lord tak wp the deidHe feidis betwix the freindis and thair nychtbowris in carrik and galoway, and mak ws quyt of ennemies to haif ruling ower ws, in als mekUl as my lord of mortovn may geif thame place ; heirfoir agane I pray your (1) ernistly, as ye tendir the Weill of the houss, the quyeting of the freindis and servandis thairof, with the honour, rest, and commoditie of your brother thomas, that ye wiU not stay your feild going with the rest of the freindis, but rethar be ane furtherar thair into, that thomas be content ye gang to the effectis aboune vrittin, quhilk wilbe but viii dayis being out of the cuntrie, and adwerteis me with the berar quhair I sail meit your (1), as I salbe evir redy to do ' Sir Thomas Kennedy of Colzean was tutor of Cassillis, and brother-in-law to Sir Patrick Waus. 128 GOEEESPONDENCE OF SIR PATRICK WAUS. your (1) servyce. leving the rest to your (1) -wisdome, quhilk can foirse mair nor I can writ, I commit your (1) to god. of monusioun this xiii of September be youris (1) to be commandit •with servyce at his power, James kennedy.^ your (1) nychtbuir and hoist maister hendrie kynross is deid the thrid of this moneth. To the rycht honorabill and my speciall guid freind my lord of barnebaroch. Earl of Cassillis' Tack of the Baillierie of Penninghame and Glasnock Lands, near Whithorn, and Barness, to Mr Pateick Waus, his Brother-in-law, 2d October 1576. Be it kendit till all men be thir presentis, uss gilbert erle of Cassillis, Loyrde Kennedy, and bailye heretalle of the bishoip landis above kree ^ vattyr, to haif sett, and be yir presentis settys, to my brodyr in lawe m"" patrik wauss of barnbarrache, and his ayris, the office of bailyere of the baronie of pennegem,* glasneyk,* and'uther landis besyid quhitarne, as deput on to uss and our successoris, and utheris, and that for the spaice of nyn- tein yeris, the entre thereof to be at Michaelmess in the yeir of god V^ 5° Lx saxteyn yeris (1576) and with power to the said M' patrik, and his ayris, to sett cuyrtis, creatt officeris and membyris of cuyrttis, sa ofte as he sail think expedient, and to stent and roll the tennandis and Inhabitantis of the saidis landis to be brocht to us, and our ayris and successoris at all reiddis,^ oystenis, and gadderinis, as uiss of uther bailyeris, quhen occa- sione and tyme sail serve; And with power to intromit and vptaik vyth the eschaitt of cuyrtt, plante ^ of cuyrte, and all ' The name of tte Laird of Blairquhan at this date was James, and he was probably the writer of this letter. The name of the place where it was written is indistinct, but at a later date there was a Kennedy of Minunchen, of the family of Kennedy of Knockdow. " The river Cree. ' ' Penninghame. * Glasnock. ° Raids, musterings. ^ Plaint, or plea. COERESPONDENCE OF SIK PATRICK WAUS. 129 uther devateyss ^ pertenand uss be ressone of bailyerie, and to inbryng the samin as he sail think expedient. Provydand that he and his ayris mak cont of the hailf of the samyn to uss and our ajrris According to his Intromission, as he salbe requirit there- with. And alss that he haife the office of bailyerie of the ten merkland of harness, pertenand to uss of the abbay of glenluce. In manner aboue vrittin, and for the spaice foyr vreittyn. Be this our hand wreit at barnbarrache the secund day of October, the yeir of God 1™ v" Lx saxtein yeiris (1576) befoir thir vitnes James Keneday of munhution,^ James ross, and alex' carsson, notaris, Yyth utheris. Cassillis. Endorsed Me loyrde of cassiUis tak of bailyerie of pennegem sett to my ffather. Letter from Sir John Stewart of Minto to the Laird of Barnbaeeoch, 1st November 1576. My Lord, eftir maist hartlie commendatioun, I half rasauit your L letter and creddit fra my brothir. Quhair your L dissyiris geif I will lat yow haif my landis of carlton and carrin- don^ wyth my sonis consent ye will geif me fyif hundryth merkis at the makin [the makin] of the securitie. My lord, as carindon. It is nocht myne, but I trow your L wald saye the knok of kirkmadeyn, becaus thai ly contigar to giddar. my lord, In gud fayth the lard of gelstoun, quha restis wyth god, bad me sex hundryth pundis for carriltoun. It allane, and the knok, is als mekil Land, and als gud ; for thai ar ewin tua best steddis that pertenit to that benefice, bayth for stoir and come. ^ Duties. " This is the nearest approach to the original, and is given for comparison with the place of the previous letter, to try to identify this James Kennedy. •' Cairndoun. I 130 qOEEESPONDENCE OF SIE PATRICK WAUS. I mister nocht to set thame furth to yow ; ye knaw tham als weil as I do. and quhair your L writis that ye will tak your hasart, my son consenttand thairto, my lord, my son wes newir in that Land, and I haif nocht chosing him tutor to me ; thair- for I beleif his consent be nocht mekil requirit. as the byrdin of the hasart, trewlie albeit that gentilman quha hes rycht to that benefice be haldin abak for ane tyme, at Jyntht he is aible to cum to his awin, and sonar nor euere man beleifis. trewlie geif your L be myndit to by thai Landis, your plak sail wyrth mair nor ane wthir mans babbe,^ becaus I haif gottin of your siluer of befoir. forthir this berar, my cousing, wil schaw you quhom to It will plais yow geif creddit. And this I wryit to yow becaus ye dissyir my heste ^ anser ; and quhat wthir thing I can do to your L plesir rasonablie salbe doun eftir powir, as knawis god, quha mocht haif your L in his blissit ke.ping. of daildowe, this fyift off nowymber, 1576. be you' L at his powir Johne of mynto knycht. To my waraye gud lord the Lard of barnbarache. [This seems to be the first letter relating to the second sale of land by Sir John Stewart to Sir Patrick Waus.] Letter from Sir John Stewart of Minto to the Laied of Baenbaeeoch, 12th November 1576. I haif resauit your L lettir of this instant, quhair your L writis that ye had rather haif had carltoun nor one^ sted* wythin the priory of quithorne, geif it had beyn in my hand, my lord, as to that geif your 1 wiU do for It as wthiris wil, your 1 sail haif It, hot wthiris hes biddin me mekill mair siluir nor your 1 hes offerit be your writing, geif your L plesis to haif It, as I haif writin to my cousing willam Steward, quhilk salbe wareye resonable, and les nor wthiris hes biddin, ' Bawbee. ^ Hasty. » Auy. « Stede, place. COKRESPONDENCE OF SIR PATRICK WAUS. 131 mak your securite, and send me, and I sail end with your L. as to the knok, quhair your L writis that robert maxwel hes the sam, as to that, robert maxwell had na thing ado wyth It afoir my. few ; and sen syne I haif maid nayne, for I haif all the men onder warnyng, and my summondis is Lyand befoir the Loirdis. as to carrindoun,^ I had newir ado wyth It. the nams of the Landis that I had wes the Landis that ye gat fra me, and the ten merk land of carltoun, the ten merkland of the knok, the ten merk Land of appilbe, the ten merk land of cru- giltoun cawens, the fyif pund land of balsmyth, and the tua merk land and half of stenolk balconeil, wyth the fyif merk land of the hill, thir ar the nams of the Landis that I haif your (L) sail onderstand my lord robert ^ hes beyn ser * wyth me sen his furth cummyng of gallowaye. the laird of garleis and he is nocht aggreit ; the Laird hes dissyirit foir thowsand merkis, and he sail deliuer him his tak in his awin hand, and he hes biddin him 1 thowsand merk ; the laird hes promisit to wryit furth his mynd father to ypw, and I haif consellit my Lord robert to speik wyth yow, and heir your mynd, quha hes promisit to wryit his mynd to yow ; or ellis cum and speik wyth yow or * he speik wyth my lord Eegent agayne. I haif na wais maid him partici- pant quhat wes betuix your L and me, nor yit will quhil It tak end odir bakwartis or forwartis. quhair your (L) writis that ye wald satisfye my son, and for the warandice ; my lord, as (to) that, and * ye aggre wyth my cousing, ye sail geif me the hors, or the price of the hors to my chois, and I saU geif yow a specell wara(ndice) of one ® Landis that I haif that com newir In to, nor newir sail as Lang as I leif ; and dissyiris your L anser sch(ortle). I wiU nocht truble your L wyth langer lettir. com- mittis yow to the alinychty. of daildowe this xii of nowymber 1576. — ^be your L, Johne of mynto. To my wareye gud Lord the Laird of barnbaracht. ' Caimdoun. ^ The Commendator. ' Sair, severe. * Before. » If. ' « Any. 132 COERESPONDENCE OF SIR PATRICK WAUS. Letter from Catherine Hberies to tlie Laird of Barnbareoch, 14th November 1576. My lord, eftir my hartlie commendations unto your L., this is to advertise you that my husband ^ hes writtin to me, and shawes me that thomas Vaus persewes hym verei sharplie for dettis restand owying be the lard of garleis younger, my umquhile spouss,^ quhilk is to me na small displeasur, that he suld be troblit for any action pertynyng me. I belevit your cosing wold have bene content with siclik payment as I offerit hym out of th^ hyllis, therfor, my lord, as ye have shawen me great favor of befor, euen so I man effectuouslye move your L, and pray yow, to speak to thomas Vaus, and se giff he wyll tak yerelye xxvi boUis of victuall out of the hyllis yerelye quhUe he be payt ; and as your L may consider what I give of my small leving every yere to my doughter, and uther handis, it is alsmekyll as I may do to the utter most of my power, therfor I pray yow to do your diligens to se gif he wyU accept that payment, and farther that ye cause hym send me ane extract of the accompt quhat was my husbandis dett at his deceasse, and what he wyll burthen me and my soun sen syne, for I can not consider how the somme can be come to somekyll quhile I se his writing. And farther, my lord, I am informit that he denyes the iii" lib ane lesse, quhilk he hes gotten sen my husbandis decess ; your L knowes he gat it sensyne, and gif it be out of your mynd, T sail shaw yow the men that deliverit the stuff, of what yeres cropp, and the price, and ye may in na wise let this be knawen to my husband that I movit your L to this effect, for I dowt how he wold be pleasit that I shuld sua dispone that part of my leving that way. but convoy the matter be your L wisdom as ye may se best, for I trust your L wyll contynew your favor towardis me now as ye have done of beffore, and that ye wyll not se me over far wreickit. the cause I seik the copy of the ac- compt is that I may fynissh my exaccutory compt, and na uther ' John Wallace of Dundonald. " He was killed at Stirling, 2d September 1671. COEEESPONDENCE OF SIE PATEICK WAUS. 133 cause, thus, referring to your ■wisdom, committis your L to god, "who preserve yow ; desyring your L answer in writt with the bearer, at dalsuinton, the xiiii of November, 1576. — be youris at power, Katheryne Heres. dout ye not but I sail gar the tenentis answer the stuff though my husband were aginst it. To the ryght honorable my speciall gud frend the lard of barnbarroch geve this. Letter from Lord Eobert Stewart, Commendator of Whithorn, to the Laird of Barnbarroch, 16th November 1576. Efter maist hartly commendation, I did trawell, as your Lo knawis, vitht the Lard of garleis concerning my afferis ; that ether he vald mentein the actione, or elUs that he vald put me in my awin rowm, as he and I culd apoint; and now lastly I reid to him al my Lord regentis grace desyr for that sam causs, and offerit him a thowsand merkis mony for his expensis and travell, quhHk he had takin in our actione. but he vald in ne vayes apoint vitht me, vnless that I maid him securety of the sowm of four thowsand merkis, quhilk I culd not do, vnderstanding that apon iust conscienc he had not spendit semekill. alvayis he said to me that quhat ye vuld vish him for to do in that matter, he vald do the sam. therfor, in respect that your Lo fauoris the actione, I vald vish yow for to vret to the Laird vitht sum of your awin, that he vald send his vtter mynd vnto yow, whither he vald mentein the causs, or agre;^ and gif he vill do nether, he man apardone me to do for my self, for of forc(e) I man keip sylenc(e), quhilk gif I do ye may iudge quhat estat sail our causs be in. as to my lady argyll, show vill do nething to the matter. I dout nocht but your Lo vill vrett your trew consall vnto the Laird in ther premssis, and as ye ressaue his ansur will mak me participant therof. I dout nocht but [ye knaw] ^ quhat danger the Laird standis in be his ' Agree. ' Paper torn away. 134 COEEESPONDENCE OF SIB PATRICK WAITS. being at the kingis ^ and day. furder I vill not vrett, but committis the haill [mater to] ^ your Lo, desyring your ansur vitht the berar, and sua committis (your Lo to god).^ from sanct- andross, the xvi day of november. — Your 1 (assurit freind), Robert commen(dator of) quhitthern. To the ry' honorable the lard of barrnbarrocht ane of the Lordis of our Souerains Lordis college of Justic. Letter from John Slownb to the Laird of Baenbaeroch. My lord, efter my hartle commendatioun of seruice, this pre- sent is to schaw your (11) that the lard of garleis is oft tymes disyxand of me to ken quhat anser I haue gotting of your (U), or qiihat he sail lipping for ^ concerning the materis your (11) and I spak tuiching the tak of quhithornne. Thairfor I vill desyr your (11) meist ernestlie to aduer(teis) me yith this berrar quhat I sail schaw to the Lard is your (U) mynd, and, gif your (U) be content to end as your (U) thocht gud quhen I spak your (11), aduerteis me in the likmaner, for as your (U) aduerteisis me the lard vil do. And gif your (11) vald speik onything farder in theis mater, the lard vill send me to your (U) to speik farder in tham, as your (11) aduerteis me. Thir thingis your (U) vill consider, and aduerteis me vith this berar. As for affaris of mynawin, I remitt tham quhill your (11) meitting and myn, quhilk vilbe as your (11) aduerteiss. And sa for the present I commit yow to god. from Drumlarrg, this setterday, — ^be yowr Seruand on the auld maner to the vtermess, Jhone Slowne. To the rycht honorabill and my auld maister my lord of barnbarroch. 1 Paper torn away. ^ Lippen for, i.e., expect. CORRESPONDESTCE of sir PATRICK WAUS. 135 Letter of Introduction by John Wallace of Cragy, 29th November 1576. My lord, efter my verray hartlie commendationis, This sallbe to desyre your (Lo) effectuislie that your (Lo) wiU supplie the berare heirof, my brother william Wallace,^ In persuit of his benefice as him selfe will declair vn to your lo, quhome pleis credeitt. Sua, haifand no farther occasion, committis your lo to God. ffrom Cragy, this xxix of November, 1676, — Your Lo at poar, Johne Wallace To the rycht bono- of Cragy. rable lord off Barnbarro*. Letter from Cranstotjn of that Ilk to the Laied of Barnbarroch, 3d December 1576. Ser, efter my mest hartlie commendationes. It pleissis yow to wit I am informed be this berar that he Is gritlie trubblit in possessing of the peice rowm that is gevin to him of the abbacie of solsyd,^ quhilk his fader had of befor, be sum of my Lord of cassHlis serwandis. quhairfor I haue writting To my Lord to that effect, that his 1 suld suffer him to brouk peacible at my requeist, and thairfor thocht It guid likviss To requeist yow to stand in his fauoris, likmaner requiring my lord to do that ilk for ony plesor ye will pleiss chairge me in thir partis. Quhair- for I will pray your 1, as ye will pleiss chairge me in thir partis. To labour for him at my Lordis hand, and to schaw your fauour to hira for my saik, and I salbe als reddie to do yow plesor in thir partis, quhilk thing I dout nocht hot ye will do the rathir at this my requeiss. At Jedbrucht, the iij of December, 1576. — Be your L cousigne at power, Cranstoun of that Ilk. To his traist cousigne The lard of barnbarroch. ^ This was protably the same who was minister of Failford, who was with the King in Norway at the time of his marriage, and from whom there is a letter from Elsinore, dated 12th February 1589-90. " Saulseat. 136 CORRESPONDENCE OF SIR PATRICK WAUS. [On the 14th of this month, GUbert, fourth Earl of Cassillis, died, leaving his sona minor ; and John Lord Glamis, his brother- in-law, became tutor of Cassillis.] Letter from Sir John Stewart of Minto to the Laird of Barnbaeroch, 7th December 1576. My Lord, I half rasauifc your Lettir, schawin quhow ye had appountit wyth my cousing for the landis of carltoun for the payment of thre hundryth merkis, that is to saye a hundryth merkis in hand, and tua hundryth merkis to be pait to me betuix and y will ; ^ quhilk thing I merwill of, that he suld be content wyth a hundryth merkis in hand, for I schaw him quhat siluir I had to geif fra me betuix and sant Thomas daye ;^ praying your L to send me the hail siluir to giddir now for sic causis as I half schawin to the berar, or, geif ye ma not get the hail, send me the half of It, and the rest betuix and sant thomas daye ; for I man haif It aganis that daye wythowt fail, or ellis It will tinsall me mair nor the awaill of the haUl. Ye sail rasaif the contrak subscriuit. as to the chartur, ye man put In the yeirlie pay- ment yourself, the rentell quhilk is contenit in my chartur is this, for teynd ferme and maill xii"*" xi^ of maill xvi boUis of beir xiv boUis of ait meill. I dout not hot ye will do your dewte to me, as I sail do efter my power to yow ; this berar takis mekill on hand in your nayme ; trewlie I fynd him effekit mair to your bessynes in a maner nor In my awin, and that I haif tald him playnlie. me lord flemyng hes beyn at me agayne, and wald end wyth me, quhilk thing I will not do quhiU I haif your ansur, for I haif gewin this berar commissioun to end wyth yow for the hail, geif he can fyind yow resonable, and geif ye want tham wyit ^ yourself, ye knaw quhat landis thair is behind, for I send yow the namis of the landis that I had thair, and ye knaw ye want maister Johne and na mai. at the leist It salbe in your wil, and ye sal haif the first offir of It. forthir I haif schawin the berar, quhom to ye will geif creddit, think not that I wryit fynyeitle ^ to yow, bot In gud fayth playnlie, ' Yule. " 21st December. ' Blame. * Feignedly. CORRESPONDENCE OF SIR PATRICK WAUS. 137 and wyth a trew hart ; tbairfor dryf ^ na Langer tyme, for It wil not diyf Langer. And sua I bid your L hartlie fairwell. from daildowe, this vii of desember, 1576. — Be youris L at power, Johne of mynto ky'. To my wareye gud Lord the Lard of bam- barath. Letter from the Earl of Ereol* to the Laird of Barnbabroch, 25th January 1576-7. My lord, efter hartlye and luffing commendation, your (1) pleis wit that in respect of aid freindschip we thocht neidfiiU to aduertis your (1) of sic affaris we haif ado in session, quhairin we man put your Q.) to charge to giff attendance, that we gait no hurt in our saids causis, hot that we mai haiff Justice with fauvoris ; and this we man request your (1), as we salbe radye to acquyt your (I) with sic benevolence and plesor we mai do to your (I) honor and conunodete: not omittand my hartye thanMs to your (1) of the fauor schawin till ws in our last action haid in session, quhairof we think ws mekle adettit to your (1), quhilk we saU not faill to recompens as tyme sail requyr. Ee- mitting the rest to your Q) wisdom, and to the berar, committis your (1) in the protection of god, at logyealmond, the xxv daye of Ja', 1576. — ^Be your fiireind, ErroD. To the rycht bono" the lard of bambarrach. Letter from Sir John Stewart of Miuto to the Laird of Barnbaeroch, 5th March 1576-7. My lord, eftir maist hartlie commendatioun, I haif rasauit your Lettir fra this berar, and hes hard his credit, quhair your L writis that ye ar dissapointit of the sUuir that ye suld haif ' Dryt to pnt off or delay. ' Andrew, seventh Earl of Errol, bom between 1542 and 1546, succeeded his father 1574 ; died 1585. 138 COEEESPONDENOE OF SIE PATRICK WAUS. gewin to me, trewle I am sore ^ that your L is dissapointit, and so Litill wantaige suksedit to me ; alwais efterwartis your L will do hettir. Your L sail deliuer twa hundrytli merkis to this berar, and rasaif his acquittans, and keip this my writing apon the resait of the sam, and according to your writing to mak me payment of the rest wythin twenty dyis In edinbrucht, as your L writis, and yit I sail heir wyth yow for sa lang tyme ; trwlie I lukit nocht that the tyme suld haif beyn drewin sa lang, con- sidering quhow oft ye haif writing to me wthirwais, and hes causit me hald ane servand waittans apon yow sa lang ; alwais I sail keip your writing, and will luik for the pyment of the rest wythin xx dais as ye writ, and I sail fulfill all thingis quhilk ye dessyir at the payment of the sam. I will nocht truble yow forther. committis yow to god. from daildowe, this fyif of merche, 1576. — be your L at power, Johne of mynto ky*. To my warray gud lord the lard of barnbart. Letter from Sir John Stewart of Minto to the Laird of Baenbaeeoch, 14th March 1576-7. My lord, I haif rasauit your L lettir, and hes hard his creddit. I persaif his creddit and your lettir ar far discrepant, ye dissyir me to excus your L that ye send me bot a hundryth merkis ; trewlie thai wes mair promest me be your L to haif beyn deliuerit Lang or now, as your awin writingis at diuers tymis wU testefye. And now to rasaif ane hundryth merkis In gold the ros noble sax punds, the clippit dowble ducat fyif pund, the angell noble fyif merkis, and the crown of the son for forte schillingis, quhilk is all abun the worth mekil, and sa mekill as I can not rasaif the sam ; and wyth sic conditionis as geif bal- smyth be ane fyif pund land, and geif stennok corber be con- tenit in my chartur, ye wil send me the rest of fyif hundryth merkis. my lord, this salbe to lat yow onderstand I can nocht be handillit in that maner, for (I) persaif ye beleif I can haif na wthir waye bot onle be yow, and becaus I haif foUowit yow onle ' Sorry. COEEESPONDENCE OF SIR PATRICK WAUS. 139 opon gud ■wil, and hes gewin yow doun fra nyne hundryth merkis to sax hundryth, notwythstanding the sam wes writing to me be your awin hand, quhilk I haif (to) schaw, and now, quhen I haif forsakin all wthiris that offerit me siluir, throw the gud will I beir to yow, I haif rasauit ane scarfs for my raward. I wrait afoir, and dissyirit that balsmyth and stennok mycht bayth haif beyn delyit furth of the contrak, and than ye wald haif had les ado. I praye your L scorne me nocht, for I am your frynd, and thinkis newir to be wthirwais wythowt It be of your awin sekin. Geif your L plesis to end furth, as is commonit and contrakit, and payment maid conforme to the sam wythin xx dayis, wthir- wais rasaif your awin siluer, and lat all thingis expyir, for trewle I sail newir trawell forther wyth yow In that mater ; and geif ye will end sa advertis me, and mak me na langer drift quhair I sail send and rasaif my siluer, and I sail send all thingis con- forme to your writing odir be maister robert harbartson, or maister hary gibson, as ye dissyir. geif ye wiU end sua, cans mak your procuratory to resing,^ and send It to me, and I sail send It agen wyth the nixt ; for In gud fayth I haif nathing bot playn deling wyth me, and dissyiris to be wsit in the sam manir; for In gud fayth I haif handilHt yow mair be fawir nor for pro- feit to my self, as It wilbe knawin to yow eftirwartis, albeit ye will not knaw It now. as to stennok. It is contenit in my chartur, and balsmyth bayth; and geif balsmyth be one^ les nor fyif pund, ye ma diffais als mekiU of the last payment, quhilk I am content of. and geif stennok be nocht contenit in my chartur, I am content be this my writing to discharge the haill obligatioun betuix yow and me, and content to mak quhat securite ye pleis apon the sam, and keip this writing to the sam effek. geif ye pleis to end In this manir, send me word quhair I saU rasaif the siluer, and geif ye wUl nocht send ane seruand of your awin to rasaif the gold agayne, for willam Steward is lyand wareye seek, suppois ye caus mak sum trawell It hurtis nocht, for trewle I haif gottin bot thre hundryth merkis, and It hes cost me a hundryth merkis the gettin of It by the trawel of my seruandis. als ye promest me foir oxin, or tua 1 Soart, scrape. ' Resign. '. Any. 140 COEEESPONDENCE OF SIE PATEICK WAUS. gud hors ; and quhat ye send me ye knaw your self; this causis me fair mekill to half ado wyth yow, sen nodir your promes be word nor your hand wryt wil bynd yow, I wil tare ^ the sam na langer nor paice ewin,^ and I sail send ane seruand to rasaif the sam quhair ye wil appoint, and mak the procuratory and your discharge thair, and send me, and I sail send the sam agayne wyth the seruand that rasauit the mone.* I will not truble wyth langer lettir. geif ye wryt one * thing to me agan, clois the sam, and lat na thing be seyne to berer ; and the Lord be your keper. of daildowe, this xiiij of marche, 1576. — be your L at power, Johne of Mynto ky*. To my wareye gud lord the lard of barnbarach. Letter from Loed Eltthven to the Laird of, Baenbaeeoch, 17th March 1576. Brodir, eftir my hairtlie commendationis,. This present is to schaw yow that thair is ane caice persewit in the sessioun be alexander makbrek againe my seruitor James drummond for productioun of ane allegit tak, maid be the said alex'^ to the said James, of my office of seref clerkschip of perth, pertening to me in heretage. Be the quhilk persute the said alex' wald mene that the said James brukis the office be vertu of his tak, Albeit in verytie the said James brukis the samyne be vertu of ane tak maid be my vmquhill fader to him ; And sua the caice is weray hurtfull to me, and heretable rycht, gif I be nocht admittit for my intres thairinto. Thairfor I will desyr yow maist effectwuslie that I may be hard to obiect and defend in the said caus, quhairinto I haue sufficient rycht and gude titill ; And that ye will gif attendence that I get na wrang. As I salbe reddy to acquyte yow with plesor quhen your occasioun sail serue. Sua ceissing as now to truble yow ony farder, quhome I hairtlie commit to the protectioun of the almy*'^ At ' Tarry. ' Easter even. ' Money. * Any. COEKESPONDENCE OF SIR PATKICK WAUS. 141 perth, the vii of merche, 1576. — Yoiiris Lowying and assurit freind, Euthven. To his brother the laird of Barnbarrow ciiiatoure of oure souerane Lordis college of Justice. Letter by Mr John Sharpe^ to the Laird of Barnbarkoch, 2d April 1577. My lord, efter maist hartHe recommendatoun, Be your 1 letter ressavit frome the berar the first of Apryle I considder ye ar desyrwis to knaw the estait of the mater of quhiterne,^ quhairin (as your 1 writtis be your awn grettine') thair wes Intirloquitor pronuncit vpone friday last bipast; quhilk Intirloquitor is gevin In this maner. That In the causs persewit at my lord robertis * Instance, quhairin thair ar six seuerall ressonis, thair Is thre. To wit the secund the thrid and the ferd, quhilk rest vndiscussit, becaus thay pertene onlie to the Jursdictioun of the commisseris of Edy^ for the first thair Is absolutor givin, as the samyn Is bilewit; The fyft concernyng the Improbation of the resignation, and the last anent the filling of the blank In the provision, ar admittit. In the vther mater, persewit be wa (wiUiam) flemyng aganis my lord robert, our defences ar Eepellit In this place, reservand the samyn aganis the titillis of the said william, quhen thai saUbe producit for probatioun of the summondis. And for preving of the poyntis, quhUMs ar admittit In bayth the said materis, the Tent day of may nixttocum is assignit. This being the tuellthe of our preceding, It restis that I declair to your 1 my Judgement thairanent, gevand your 1 alwyss to vndirstand that sen your departing I spak na thing with my lord regentis grace In that mater, for be sum argumentis that hayfif fallin out sensyne I am perswadit that thair Is sum feche^ In this mater, according as your 1 declared vnto me at our last conference. ^ Mr John Sharpe was admitted advocate 9th January 1561-2, and at this date seems to have been a leading counsel. * Whithom. * This word may he " quottine " — meaning is obscure. * Lord E. Stewart, conunendator of Whithorn. ° ? Fash, trouble. 142 CORRESPONDENCE OF SIB PATRICK WAUS. And seing the samyn the day, befor the Interloquitor, I tuke purposs to giff occasioun of delay be certane ekis/ The mater being oppinit vnto him, he wald nocht aggre thairvnto, swa that I behovit ather to disapoynt my awin purpoiss, or to cum In suspitioun with him of vnrychtewuss dealing ; Swa we behovit to proceid rather according to my lordis directione, quhilk I was veray laith to follow, nor according to my awn Judgment. Now seing the mater is sa cumit in hand, It is necessar that we ■foirsie our erand in all pontis, and specialle in thir tua heidis, first that all ressonabill delayis quhilkis may be had be cravit, secundle that we vse not all our probatione at anis,^ and thirdlie that we cast our probatione be sek grundis as we sail not be frustrat in ewere ane of thir thre heidis. thar is mony par- ticularis quhilkis at the present I man leiff to wryit, till I ressaue agane your informatione how far ye ar habill to do tuiching the fiUar of the blank, and the tyme of the fiUing thairoff, and quhat certeintie ye haiff of the samen, for giff the commissar of Wigtone be the fiUar, and the tyme of the fiUing may be provin be hym selff and vtheris, I can nocht think oure mater in ony danger ; and yit it salbe verray necessar in respect of this tyme that we do our turne providentlie, and at lasor. Thairfoir I Louk for your anser hervpon with diligence, at the Leist that your (1) will bring it with your selff the xv day of this instant; quhilk day I wuld wische your (1) to keip, for then we think to adwyiss vpone our haill ordour of diligencis. in this mene tyme I am in hoip to prowyid the meanis how we sail discover the secreit of patrik porterfeildis instrument, as your (1) sail knaw at meting, betuix this xv of Aprill and the x of may we will haiff ane Eessonabill tyme to do our diligence, giff your (1) keip tryist. My lord of cassiUis * is servit to the landis of Lessualt and monybrig, Dinnvre, Turnbirrie, trabeoch, and girvaneheid. The landis of glenlus, saulsait, and croceragnell. My lord chancellar* is veray desirous that yeschawsum diligens anent the taking of the sesingis, and maldng of the wearningis, as was commonit. Sa Eesting to the nixt occasione, I commit ' Additions. ' Once. ' John, fifth Earl, who succeeded in 1576. Lord Glammis, who was tutor of Cassillis. CORRESPONDENCE OF SIR PATKICK WAUS. 143 yow to the protection of god. ffrome Edinburcht, the second of Aprill. — Your (1) to be commandit at his pov^er, Jo Schairpe. [The outer sheet with the address is torn off.] Endorsed in Sir John Vaus hand Maister Johne sharpe his messeiff anentis the play off quhythorne. [The date of this letter must be 1577. Gilbert, fourth Earl of Cassillis, died in December 1576. The Earl (John, fifth Earl) . has been served (heir) to the lands of the family. The Lord Chancellor (Glammis) was Lady Cassillis' brother, and was tutor to the minor, and Mr Sharpe in this letter speaks of the Eegent, and that Morton ceased to be in March 1577-8.] Letter from Sir John Stewart of Minto to .the Laied of Barnbaeeoch, 6th April 1577. My lord, I haif rasauit your (1) lettir, deittit at edinbrucht the X daye of marche, dessyiring me to send and rasaif my siluir the aucht daye eftir paice, and to send yow ane procuratory, sub- scriuit wyth master hew gibsoun, or maister robert harbartson, and wyth na wther notaris, quhilk I lat pas. And quhair ye ar dessyirus to haif your awin siluir agayne, wyth the profetis bygayn at the deliuering of the sam. My lord, I am content to satisfye your (L) pleseir, and sail god willing at your pleser deliuer the sam sUuir wyth the profeittis bygayn, In so far as I am addettit wyth the proffeittis bygayn als far as your (L) sais ye ar behind, and sa nocht eftirwartis ; bot I am willing to schaw yow fawir and fryndschip, and wthirwais at your pleser. As to your gold rasauit be the berar, he can report thai thingis I mister ^ not to wryit, and now your (L) sail nocht say bot ye sail haif your resonable dessyir fulfillit, as I haif nocht gottin myne ful- iillit at your hand, for I haif for fryndschippis cans gewin yow that land for half nocht. And now In ane manor I man thig ^ the payment of It at yow, and this I am content to do, suppois my lord robert haif litil appris * to get the abbasye of quhitharn ; ' Need. * Beg. ' Meaning obscure. 144 CORRESPONDENCE OF SIR PATRICK WAUS. for wthiris wald be content to tak thair hasart at my hand and geif me mair profeit, and nocht dessyir me sa far oblist to thaim, as I am bound to yow, and to laye me doun tbe hail siluir In my hand, your L man apardoun me to wryit hardlie to yow, be- caus I am hardlie handillit be yow. forthir this berar wUl schaw quhom to ye will pleis geif creddit, and dessyiris your anser als schortle as ma be. I dout nocht bot ye will send me my oxen according to your promes and hand wryit, quhilk wes ten dayis afoir beltan promysit to me, as your hand wryit will testyfye. I will nocht truble your (L) wy th langer lettir, bot committis yow to god. from daildoweth, this sext of appryill. be your L at all power, John of mynto kny*. To my warraye gud lord the Lard of barnbarocht. Letter from Lord Maxwell to the Laird of Barnbarroch, 12th April 1577. My lord, eftir my veray hartlie commendatiounis, I have resauit your Lettir desyring me to continew the persuitt of sic as apperttinis to the erle of cassillis to sum daye of may nixt, that wer chargit to compeir in this toun for byding fra the last daye of marche. Althocht I may dewlie proceid aganis thame for thair contempt, yit at your 1 desyre, and for your requeist, I will continew thame, quhais names your 1 hes writtin specialie to me, to the xxi daye of may nixt ; and as for ony vtheris that ar contenit in the roUis, I knaw thame nocht by vthir mennis ; and sa nocht onlie this, bot in ony vthir thing I may pleser your 1, I salbe reddie, as knawis god, quha have yow in his keiping. Off Drumfreis, the xii day of Apryle, 1577. — Your 1 assurit freind, Jhon L. Maxwell. To the rycht honorable and my traist freind the laird of barnbarrache. [Lord Maxwell was Warden of the "West Marches at this time. He had resigned on the 25th of May 1577. — Reg. P. C.}. COKRESPONDENCE OF SIR PATRICK WAUS. 145 Letter from Sir John Stewart of Minto to the Laird op Barnbarroch, 26th April 1577. My lord, eftir my wareye hartlie cpmmendatioun, It will pleis yow I wrait to your L the fyift of appryill, and maid ansur quhair ye wor dissyirus In your formir writing to me of the dait at edinbur' the xxvi of merche, dissyiring me to deliuer yow your siluer agayne wyth the by run profittis quhilkis I had rasauit, and ye wuld be content to renunce all rycht or titell that ye had of ony landis that ye had rasauit be me, and I maid yow ansur In my last lettir the v of appryill, and wes and is content to satisfye your resonable dessyir, and my lest lettir dissyrit your heste ^ ansur, quhilk as yit I haif nocht rasauit ; quhairfor yit, as of befoir, dessyiris your wtir ansur, that I ma prowyid thair- eftir ; for the tyme drawis on, and the sowm is grit, and I wald be glaid to be resoluit quhat I had to do. I will nocht truble your L wyth langer lettir ; sua committis your L In the protek- tioun of god. ffrom daldowe, the xxvi of appryUl 1577. — Be your L at all power, Johne of mynto kny*. To my wareye gud Lord the lard of barnbarrocht. Deliuer this in edinbrucht. Receipt by William Stewart, Burgess of Glasgow, and Servant to Sir John Stewart of Minto, 29th April 1577. I Williame Stewarte, burges of glasgow, and servand to the layrd of mynto, grantis me to haife ressauit, in name and behalfe of the said Ser Johne Stewarte of mynto knycht, fra ane ho" man m"^ paterk waus of barnbarrache, ane of the senatouris of the college of Justice, the somme of ane hundyrrethe pvndis mony. In parte of payment of the soume of fovyr hundyrethe merkis restand avyn be the said m' paterk to the said mynto knycht, conforme to ane contract and appointment maid amangis thame. Sua yit restis the soume of twa hundyrrethe and fyftie 1 Hasty. K 146 COERESPONDBNCE OF SIR PATRICK "WAUS. merkis, of the quhilk soume of ane hundyrethe pvndis mony, as said is, I Laid me, in name and behalfe of the said Ser Johne, I grante me veill content and paytt ; and thayrfor quhitclamis and dischargis the said m'^ paterk, his ayris and exo"^ for now and euer. In witness heirof I haif causit the notar vndyr vreittin to Subscryve at my command. At Edy' the penult day of AprijU, the yeir of god Im v" Lx sewynteyne yeiris, befoyr thir witnessis, Alex' waus, seruitour to the said M'^ patrik, gawin hammiltoun, sone to the laird of prestoun, and adame lawte, sone to dauid Lawte wrytare, with ytheris diuersis. William stewart burges of glasgw, with my hand at the pen led be the notare vnderwrittin. Ita est Dauid lawte notarius in premissis Testantibus meis signo et chyrographo. Endorsed — william stewartis acquittance for mynto. Letter from Sir John Stewart of Minto to the Laird of Barnbarroch, 8th May 1577. [The first part of this letter is missing.] I haif rasauit ane hundryth pund and anent . . . ten les in gold ; sua of our lest paktioun I haif rasauit thre hundryth merkis^and forte. I wald be glaid to be onestlie wsit, and ye sal haif na tinsall at my hand In far as I haif promisit, bot sal wss my self onestlie and trewlie towartis yow, quhow belt I haif tynt at your hand mekil that I mycht haif had at wthiris. send me the rest of my siluer wyth the berar, and mak me na langer delaye, wthirwais I man think I am nocht weill handillit. I sail spend the haill that ye send me or ^ the mater gang one ^ wais wrang, geif that will mak It. I persaif ye ar forgetfull of the oxin- that ye promisit me at beltan, geif I get tham nocht according to your promes. In gud fayth I sail send the hors that ye send me hayme agayin to barnbarocht, for ye haif mair gers * to geif tham nor I haif. forther this berar wiU schaw yow ; speid him agayne als suin as ye ma, and your oppennioun quhat ye think 1 Before. ^ Any. s Grass. CORRESPONDENCE OF SIR PATRICK WAUS. 147 best, and we sail work thaireftir. I assuir yow this mater man be haldin to, and ernistlie set forwart, for It will not wark the alleyn, and may be at an end or ^ ewir knawlege cum to your pleisiris, or ellis It wiU be wrang eftir my Jugement. quhair ye wryit that I haif nocht fulfiUit my part to yow, and in special to send yow the coppy of my chartur and confirmatioun. In gud fayth I haif It nocht, hot the sam'is deUuerit in the handis of the lard of castelmylk In keping, as ye ma persaif be the dowble of his obLigatioun. quhilk the berar schaw yow, and wilbe gottin now In contynent eftir the insering ^, of the decreet betuix my son and me, as the birar will schaw yow. I will nocht truble your L forther, hot committis yow to god. from dayildowe, the viii of may, 1577. be your L at powar Johne of mynto kny*. To my wareye gud Lord the lard of barnbarrocht. [On the back of this letter is written in Sir Patrick Waus's hand "Thir ar all messifiis conserning Quhithorne."] [There are seven letters by Lord Eobert Stewart, the commen- dator of Whithorn, about the " plea of Whithorn." This, we learn from Sir John Stewart of Minto's discharge, dated 15th November 1578, was between Lord Eobert and William Fleming. How Lady Argyle and the Laird of Garlics are con- nected with it does not clearly appear] Letter from Lord Egbert Stewart, Commendator of Whithorn, to Sir Patrick Waus, 13th May 1577. My Lord, Efter maist hartly commendation. In respect that the action of quhitthern, quhilk partly belangis to yow, is as it vere buriit, guid it vere that the matter vere vakenit agane ; for I vnderstand that the party vill be verray laithe that it suld be 1 Before. " Inserting. 148 CORRESPONDENCE OF SIR PATRICK WAUS. vakenit, and to this purpois I half vretin to my Lady argyll, be- causs, as your (1) knawis, she suld do for the same, gif she intend to haif ony profit therby, to let me haif support at my comming to edinbrugcht, and I vill cum and vakin the matter my selfe, and travell vitht my Lordis (g) to haif expedition of iustic, quhilk I think his (g) will nocht refuiss ; and for the outsetting of the same, your (1) vill taik the panes to travell vitht my Lady argyll, to se quhat support she vUl maik at my comming, their for your vord vill help the matter to the fortherance of me and the action. I vrett to hir lykvyss to speik my Lord regent (g), and to feill his guid vill and mynd, and gif ye think it neidfuU to speik my Lordis (g) your self anent the same, it vere veil done, alvayes I dout nocht but ye vUl do quhat lyis in yow for fortherance of the same ; and quhan it sail pleis god that I cum to my awin rycht, ye sail be rememberit as a sure freind. in the meane tyme committis your (L) in to the protection of the eternall. from sanctandross the xiij day of may. — ^Your L guid freiad to power, Hobert commendator of quhitthearn. [The address is cut off.] Letter from Sir John Stewart of Minto to the Laird of Barnbarroch, 23d June 1577. My lord, eftir maist hartUe commendatioun, I rasauit your L letter daittit at edinburcht the xviii day of maij, wyth ane hun- dryth pundis, and dissyirit me to send this berar agayne at mid- symmir and ye suld mak me payment of the rest, my Lord, notwythstanding that your promes and writing send bair the XV daye of Januar, and our contrak biris the xv dy of februar, yit I haif borne wyth the sam quhU now, and dowbtis nocht bot ye considdir the same, quhair ye wryit that ye haif nocht rasauit sic securite at my handis as is neidfull, trwle thair is na securite that I haif promisit bot I sail fulfiU the sam at my wtir power, and mair quhat ye will dewyis that Lyis in my power, thair can na man In Scotland reproche me of my fayth- fuU promes maid, I thank god. further ye ramembir ye wrait COERESPONDENCE OF SIR PATRICK WAUS. 149 me wareye ernistlie to speik wyth my dochir, and se geif scho wald one wais dispoin the ten mark land of appilbe, and that I wald trawell the sam, and ye suld stand In my common ^ for the doing of It. now, my lord, at your dessyir I haif spokin the mater to hir, and to the gentilman quha has contrakit to mare ^ hir, and now, geif ye will handill the mater wyslie, I trest to aggre yow, and gef ye be nocht myndit, speid me ane ansur, for ' scho is dissyirus to haif hir awidens furth of my handis, quhilk I haif retenit onlie for your caus, and quhil I haif your ansur. I dout nocht hot ye will send me ane writing to caus me be ansurit of my oxin, quhilkis I suld haf at beltain, and quhat thing ye will dissyir me that I can do for furtherans of the caus adwertis me wyth the berar. I will nocht truble yow, hot refaris the rest to the berar ; And the lord be your keper. of daildow, the xxiij of Junij, 1577. To my waraye gud Lord The lard of barnbarroehe. [This letter is not signed, but is in the handwriting of Sir John Stewart of Minto.J Letter from Ninlan Adair ^ of Kinhilt, younger, to Sir Lewis Bellenden, 28th June. My lord, eftir my hartlie commendation, I haif resawit your vryting the xxv day of Junij ; and quhair your (1) desyris me to send furthe silveir to lowss the silveir wesscheU that I haif of your (lo), trewlie, me lord, I haif offendit In that To your (1), bot befoir god it lyiss nocht in my pouer to mend it, for I haif done delygence In this cuntrie quhat I can, and I can nocht get vorthe ten lib ; and I haif wettell enewche to sell, and I can get ne pryss for the same, elUs I wald sell it for xl ss. the boU, as this berar can declair your Q.) ; and gif it mycht be that your Q.) mycht haif lowsit tham your self, and your (1) payand the byrun dewtie vith the principall sum, all beand cuntit togithir to me, 1 Be obliged to me. " Marry. ^ There is another transaction by the same in pledging silver plate, under date 17th December 1582. 150 COREESPONDENCE OF SIR PATRICK WAUS. I sail satiefie your (1) to your awiu contentment In securite at your (1) hamecuming ; gif it be possebill that I may be at your (1) vitbin XV dayis, I salbe acording to your wryting. forther your Q.) man speik to me lord justis klark vith tbis berar, and se geif I can baif that soum that sould be had fra him, and he sail half securite be your (1) and me that this contrak saU be suit in all puntis. I dout nocht hot his (1) vUl keip his pro- meiss to me baithe in vord and vryt, as my spesiaU lypining is In him, as I sail be villing to keip promeis to his (1) In all re- spetis, and gif your (1) fyndis him myndfuU to furneis the silber, your (1) vlII aduerteis me of the same, and I will ge furthe my self and end vith him In all thingis. as to your (1) horss, I sail haif him als gud lyk is I kan haif him vith gerss and corne qwhen your (1) lykis to kail for him. refering the rest to the berar, your (1) vill haif me hartlie commenditto your bedfellow, and swa committis your (1) to god. of the bar, the xxviii of Junij, Be your (1) eyme to be commandit In the auld maner. — Ninane adair To the rycht honorable and of kenhelt younger. his speciall eyme Ser loweis ballanteine of achnoul knycht. Letter from John Stewart of the Bowhouss to the Laird OF Barnbarroch, 13th July 1577. My lorde, eftir commendatioun, fforsamekill as the larde of mynto hes desyrit ws to recognosce the Larde of castelmylkis^ handiewrit, quhair he hes subscrivit the resait and Inventor of certane euidentis pertening to him and his sons, Quhilk to be his handy writ we testifie, as we haif sene syndry wtheris of his subscriptionis. this far committis your L to the protectioun of the almychtie. Of glasgov, the thritene daye of July, 1577. Be youris L to command, Jhon Steward of the bowhowss To oure gud Lorde Maister henry gibsoun. The larde of barnbarrocht. 1 Archibald Stewart of Castlemilk, who died in 1612, and whose father died in 1667, married Janet Stewart, daughter of Sir John Stewart of Minto. She died 1613. OOKRESPONDENCE OF SIE PATRICK WAUS. 151 Letter from Sir John Stewaet of Minto to the Laird of Barnbarroch, ISth July 1577. My lord, efter mast hartlie commendatioun, I half rasauit your L lettir the xii of this instant daittit at barnbarrathe the viii of the sam, makand mentioun that ye had rasauit my lettir for the rest of the siluer, and that ye culd nocht deliuer mair becaus I had nocht kepit my promes, nor had deliuerit yow na securite of myne. my lord, as to that ye knaw your awin ap- pointment and promes wes to hasart sa mekill siluer apon my rycht, and wrait the sam to me at the appointment making ; nocht the les I wes content to mak yow forther securite, part- lingis for dispyit of my son, becaus he misswsit himself towartis me, and partlynis for luf and fawor In gud fayth borne towartis yow, mo wit be my Eyme the justice clerk, and be quhais pro- curment my lord of morye, my master, commandit me to enter wyth yow, and sen syne I half still contynewit in your fawir eftir my power, for I assuyr yow I mycht half had mekill mair siluer laid In my hand for my rycht, and na warrandyce maid, nor I half appointit wyth yow, for alwais I will nocht fle fra nathing that I half promisit, and ye sail persaif be the selling of appilbe geif I haif beyn faworable to yow or nOcht In the selling of the rest, as to your securite had »f me ; I schaw yow at the beginnyng of our commonyng that thai awidens wes obstrakit and takan awaye fra me be my son, and wthiris my fryndis that astit ^ him, In the begining of my grit informite, thinkand I wor nocht aible newir to conwales, and now I dout nocht bot ane part of the sam fryndis hes be decret arbitrell ordanit sen syne the sam awidens to be put in my gud sonnis hand, the lard of castelmylkis. In keping for the wil of ws bayth, and he to oblis himself to randir the sam pesis rasau(it) be him agayn to my son or me, as we had ado wyth tham, as ye ma persaif be his obligatioun gewin apon the sam. quhat wU ye mair ? my son and a part of my fryndis ar offendit that I haif disponit one ^ waye the landis to yow, bot yit quhat I haif doun 1 ? Assistit. ^ Any. 152 CORRESPONDENCE OF SIR PATRICK WATJS. salbe doun. and I dout nocht bot ye will keip your promes to me agayn In all thingis, as I salbe willing to set forwartis yow and that cans efter my power as ye will aduertis me, and geif me in- formatioun. trewle I am nocbt weil bandillit, geif I durst com- pleyn, for In gud faytb It lies cost me viii'=^ merkis and thre in seiking of that sobir sowm that ye suld pays, bot thair sail na man knaw the sam, bot geif ye will compell me. I haif send yow the lard of castelmylkis awin obligatioun maid to me apon the resait of the pesis, bot ye man send me your writing apon the sam, wyth the obligatioun for randring of It quhen I haif ado wyth It, becaus ye haif nathing ado bot onlie wyth the peses gewin me be my lord of morye. T luik for my oxin pro- misit to me be yowr awin writing, and geif I get nocht tham I will luik the les for keping of gritter promisis. I praye yow send a writing, and insart the contrak, and than ye and I will be bayth siker. I will nocht truble yow wyth Langer, bot refaris the rest to the sufficience of the berar, quhom to ye will pleis geif creddit. of daildowe the xv of Julij 1577. — be your L at powir, Johne of mynto ky*. To my werrye gud Lord the Lard of barnbaro*. Letter from James. Kinross to the Laird of Barnbarroch, 24th July 1577. My Lord, eftir maist hartle commendatioun of seruice, pleis sen my Last writtin direct to your 1 1 haiff resit ane lettir aganis your (1) tenentis for the teindis, bering the certificatioun as wes of befoir, be ressoun the parteis wes summonid to gif thair aithis in certificatioun to tham, and thay felyed ; thay suld be haldin pro confess — And becaus your 1 in respect of the proclamation culd haiff na process in your 1 fauouris nor againis yow, becaus bayth your 1 pleis war ondir proclamatioun, and your 1 self, quhairfor caus summand tham of new agane with the lettres. Attour sen the ressait of your 1 Lettir, and writtin of my anser thairto, your 1 oist ^ vpoun the xii of this instant departit, and 1 Host. COERESPONDENCE OF SIR PATRICK WAUS. 153 wes bureit vpoun the xxiii. otheris novellis occurris nocht; and sua, with my hartte commendatioun of seruice to your 1 bedfallow, committis your 1 to the eternall. of Edinbrucht, the xxiv of July, 1577. — Be your 1 seruand at powar, James kinross. Lat this present mak my hartte commendatioun to Alex"^ waus, and the remanent your 1 seruandis. To his speciall Lord and maister my lord of barnbaro. Letter from Sir John Stewart of Minto to the Laird of Barnbarroch, 25th July 1577. I half rasauit your L lettir this xxiii of July daittit at may- boll the xxi of august, dissyyiring me to send this berar agayne to mayboill this sam daye xv dais for to rasaif the rest of the siluer, and failyeing thairof to send him tua dayis of befoir to barnbarrocht, quhair ye sail cans deliuer the sam wyth tua oxin. My Lord I haif rasauit sindry of your missywis, quhair In ye appointit me to send ane seruand to rasaif the sam, and as yit I fynd nocht kepit. trewlie I am sory that ye handil me, that is your frynd, In sic maner, for ye can na wais accuus me of the brekin of one thing that ewir I wrait to yow, or yit my cousing promisit In my nayme. And geif your lordschip hes don the Lyik, I wil lat your awin conscaens accuis yow. My lord, your writing daittit the xxi of awgust at MayboU, and therefter to send that daye xv dayis to rasaif my siluer, makis me to study, for thai tua can nocht weil stand as your lettir is daittit. praing your L to aduertis me wyth this berar that I be nocht forther delayt, bot at the daye appointtit my payment of my siluer and oxin promisit ; or ellis I man think that your L menis nather^ to scorne me, and geif sua be, I saU preis^ my self to rewenge the sam geif I ma. Your L man hold me excusit, I am handillit sua be yow, and sa mony promisis brokin, that I ' Nether, next. ° Press. 154 COERESPONDENCE OF SIR PATRICK WAUS. man lat yow knaw It. considering my gudwill I will luik for my payment at the daye appointit. I will nocht truble yow forther, sua committis yow in the protektioun of god. of dail- dowe, the xxv of July, 1577. — be your L at his powir, To my Waraye gud Johns of mynto ky*. Lord the Lard of barnbarroch. Letter from Minto, Younger, to the Laird oi' Barnbarroch, 25th July 1577. Eicht honorable, eftir hartle commendation, quhom pleiss to be remembrit that now is the effixit tyme that I suld ressaif the rest of my siluer, and in consideration that the tyme was at your (L) awin option to be kippit without onny failye, I refemt on to the same tyme vpon that hop, as also your (L) lettiris sen syn hes bidden me to be assurit that my horss and that siluer sail be at the day continit in the obligatioun, quhilk your L knawis was this xxv of this Instant Julij ; thairfor I heif send this berer my servand towart your (1), to send me word geif It be requirit that I cum my self alsweill to accumpliss that thing that belangis to my part as your (1) part, nocht ellis willing to truble your (1), hot referis to the berer, and comittis yov eternally in the lordis protection, of strivilling, the xxv of this instant Julij. — Your (L) to be comandit, Mynto younger. To the rycht hononorable the lord of barnbaroch lord of ouir sowerane Lordis session. Letter from Sir John Stewart of Minto to the Laird of Barnbarroch, 8th August 1577. I dout nocht bot or now your L hes oft enewcht knawin the 1 of my lettir. accordyng to the dissyir of your last lettir I half send this berar. quhair your L makis mentioun In your writing that ye half rasauit nathing of your securite, In gud fayth ye knaw your self at the beginning I schaw yoW the ' Word illegible. COKEESPONDENCE OF SIK PATKICK WAUS. 155 manir quhow my son had obstrukit my hail awidens and writing at the beginning of my seiknes, and yit ye knaw that I had sic thing, and I promisit to do all that Laye In my power to get yow the confirmatioun, as I sail do yit, and ye wor content of that, and wrait to me that ye wald tak your hasart. now my lord, forther quhair ye wryit that ye wald be content to renunce the Land sua I wald cans yow be payit of your siluer that ye haif debnrsit, as to that ye knaw your self I wrait to yow, and maid yow ane ofBr to haif fulfillit your dissyir In that, ajBfore lammas last wes. And geif your L repentis one thing that is doun, yit lat me haif resonable daye, and ye sail haif ane ansur. In gud fayth I haif tynt swm of my awin fryndis for the selling of that land to yow, yit quhat I haif promisit I wil keip, and byid constantlie at yow quhUl ye refuss me. as to the oxin ye promisit me, your awin writing at sindry tymes, besyid the credit of this berar, wil testyfye ye promisit to deliuer tham at beltan Last wes, and that wes onlie for carltoun, and not for na wthir Land, geif I get tham I salbe als thankfull to yow geif ye haf ado agan, and geif I get tham nocht conforme to your awin promes and writing, quhilk I haif nocht casting awye as yit, I will lippen the les to wthir thingis. I wil nocht truble yow wyth langer lettir, sua, committis yow to god. from dail- dowe, this viii of august, 1577. — be your L at powir, John Steward of mynto kny'. To my warreye gud Lord the lard of barnbarro*. Letter signed J. Stewart of Minto, Younger, 18th August 1577 (?). ' Efter hartle comendationis, forsamikle as I hef oft with my lettiris trublit your (1) for that sobir sUuir I suld heif bein payit be your (1) a lang tyme syn, and Inconsideration that I delt sa liberally with your (1), I lukit for mair thanksum deiling agane, as dewty requyrit be your (1) obligation, and yit I hef na 156 COKEESPONDENCE OF SIR PATRICK WAUS. farther hot to put your (I) in remembrance thairof agane, seing the mater In sa lytill awaill In your (1) behalf, and may plesor me In sa hard begening of ane howss, quhilk I supoice aluayis ye tendir mikill. thairfor I will vse na wther requist for my awin thing to your (1), hot It will pless your (L) to anser this berer nov presentle, and as to the registring of the wther con- tract, your (1) standis wpon, this salbe ane testimony to my dis- honor gef that beis nocht done at quhat tyme your (1) plisis to send of your awin to se It done, tharefor, and nocht willing to truble your (1) farthar, referis to the berer, and comittis your (1) In the lordis protection, of deldove the xviij of this Instant. — Your (1) to command, M Stevart of Mynto Younger. To the rycht honorable and my trest frind the lard of barnbaroch ane of ouir soveran lordis session. Letter from Lord Euthven to the Laird of Barnbaeroch, 8th November 1577. Broder, eftir my maist hartlie commendationis, Being of mynde to haue bene in Ed'^ befoir the present, for avaitting vpoun my lord of methvenis actionis depending in process befoir yow, am in the mene tyme eirnestlie pressit to be present at the mariage of my cousing, the M'^ of grayis sone, with my lord chancellaris ^ dochter, quhilk is to be solemmyat the xvii of this instant, and I, standing so neir of kyn to bayth the parteis, can hardUe refuss sa ressonable a sute, Sua that it cannot be possible to me to keip the day affixit to robert nasmyth to prove the ressonis of his summondis gevin to his probationn, to oppone aganis the same ; Quhilk ressonis, as I am informit, man be provin be write, and my lord of methvenis aduocattis and myne can nocht be sufQcientlie informit to say 1 Lord Glammia, whose second daughter, Elizabeth, married Patrick, then Master of, and afterwards seventh Lord, Gray, who was nephew to Ruthven. CORRESPONDENCE OF SIR PATRICK WAUS. 157 thairaganis without my awin presence and inspectionn. In respect heirof I will maist eirnestlie desyir yow that the ressait of prohationn may he delayit to sic day in the heginning of the nixt moneth ye think meit, quhilk god willing I sail keip, And, gif this occasioun hed nocht vrgit me, wald nocht haue pressit yow with this schort delay; Alsua I man maist eirnestlie dessyre yow that the actioun of reductioun of the third of the provestry of methven, persewit be my lord methven and m' James herring aganis James murray, may be callit, at the leist the actioun of suspensioun of double poinding to be stayit to my said cuming, or the incuming of the reductioun, quhairin ye sail do me uerray speciale pleseir, as I salbe reddy to acquyte in ane gretar mater quhen ye haue occasioun vpon me to charge. EemettiQg the rest to the crydit of the berar, committis yow in the protectioun of the almychtie. At Perth, the xiij of novem- ber, 1577. — ^Your assurit brodir, Euthven. To his broder the larde of barrinbarro ane of the Senatouris of our souerane lordis college Off Justice. Letter from the Countess of Crawford to the Laird of Baenbarroch, 7th November 1577. My lord and maiche,^ efter maist hartlie commendatione, thir presentis ar to put your L in remembrance that I haif nocht as yeit gottin my twa goldin chenyies,^ for ye quhilk ye bean cautiouner in the townes buikes of ed^ for hew Kenedy my Eime, albeit the day of the deliverance thereof be langsyne bypast. Thairfoir prayes your L to cans deliver the sam to this berar, henry guithrie my servand, and tak his acquytance thereon, quhilk salbe als sufficient as it war my awin. This I dout nocht bot your L will do, that I haif na farder trouble for my awin. as I salbe reddie to do your L sic plesor as lyes in my powar. And sua, referand the rest to berar, quhom your L ^ Maich, marrow, i.e., companion. " Chains. 158 CORRESPONDENCE OF SIR PATRICK WAUS. sail credeit, god preserve your L. ffrom brechin castell, the sevent day of november, 1577. — Be your L. assurit at pouar, Couiites of Craufurd. To the rycht bono" laird of barnbarro" ane of ye senators of ye college of Justice. Eeceipt for the Delivery of two Gold Chains, 12th November 1577. I patrik wans, laird of barnbarrach, be the tenor heirof grantis me to haif ressauit ffra helene broun two cheinyeis of gold of sevin unce vecht ane vnicornles,^ deliuerit be hew kennedy, fader bruther to gilbert erle of cassillis that last deceist, to the said helene, to lay in pledge before Yule last bipast. Quhilk cheinyies I, the said patrik, grantis me to haif ressauit, and be thir presentis obliss me to releif hir and Mr airis at the hand of the said hew kennedie, and all vtheris haiffand interes thairto,_ Be thir presentis, Subscrivit with my hand at Ed"^, the twelt day of November, The yeir of god Im v° thre scoir seventene yeiris. Befoir thir witnesses. [In another hand and ink, probably autograph] I haife geiffin ane vthir acquitance to Johne foraster for the samin effeck, becaus I ressauit the chenyes fra hym, and deliuerit hym for the samyn sex scoyr v libs. Barnbarrach. Endorsed Barnbarrochis discharge gevin to helene broun in ed^. Helene broimis dischargis frae the laird of barnbaro*. Letter from Hew Kennedy of Ochterlure to the Laird of Barnbarroch, 5th December 1577. My lord, efter my meist hartlie commendatioun. It will pleiss your (1) ressaue fra this berar the rentall of galloway in safar as ' 1 Doubtful; a unicorn was a gold coin of the reign of James III. It may mean seven ounces, less (all but) the weight of one unicorn.- COEEESPONDENCE OF SIE PATEICK WATJS. 159 was in vse to pay to my lord, sa far as I can ken be James hawthorne or ony vthir intromettoris thairwith. As to the teyndis, I can half na perfit rentall thairof, for I had nevir ado thairwith ; hot my Lady cassillis hes the, samyn, and It man be had fra hir, and mair nor is abill to be gottin payment thairof. Your (L) man tak speciall attendance to the small boUis of the victuallis of glenluce, and gett sic allowance for thame as dene alex"^ cairhis, martin kenedy, and James hawthorne, allowit vnto thame in thair comptis, to make the tane boll to be equevalent with the vthir. as to the corne in this cuntre, thai say will nocht gif ws bot horss corne, quhilk will nocht be worth xx s the boll ; thairfor ye sail declair the samyn to my lord chan- cellar.^ fordar your (1) sail wnderstand that thar is sum in this cunttre, that hes nocht bene weill villaris to my lord of cassillis houss in tymes paste, Is misconttenttit that your (L) and I suld do ony thing that mycht be avantage to my lordis houss, quhilk, for ony apperance or avantage that we are like to get in that mater, I wald wishe that selk^ had It, sua being It wald redwnd to my lordis weill ; for thai say, war nocht your (1) and I, thai mycht haif had thair selfe and thair freindis in vse of my lordis leving as thai plesit, quhilk thai wald nocht easle* haf bene put fra ; quhOk I dowt nocht bot my lord chancellar and your Q) will heir in edinburgh be sum mannis menyng quhat thai wald haif bene at, bot my lord chancellar knawis quhat he hes ado. Your (1) saU be assurit that the vittuaUis in this cuntre gevis. na thing as yit bot four merkis the boll, for blessit be god we ar this yeir als gude as ony cuntre is, and na apperance of ony greit derth. I will remitt the rest of my mynd to your (1) in vtheris memoriallis; and as to James Hawthorne, he hes writtin his mynd to your (1). and ony vthir thing ye wald haif done writt to me, quhilk salbe done at the vtirmast of my pover. and god preserue your (1) be his keping. of Sanct Johnis chapeU,* the fyft day of december. be your (1) at command, and the vtirmast of my power. Hew kennedy of wchtrelure. 1 Lord Glammis, who was tutor to the Earl of Cassillis. s Such. ' Easily. * Kirkcudbright. 160 CORRESPONDENCE OF SIR PATRICK WAUS. Item your (1) sail send me vord quheidir I sail mell with the fermis of landis, that kinhilt ^ Is In sesing of, or nocht. alss your (1) vill avyss with my lord chanclar^ gif thair he ony landis in this cuntre, quhilk his (lo) hes varnit, that his (lo) vill nocht haif ws resavane the inaUlis thairof; and that your (L) vill bring the Just rentall hame vith your (lo), and In speciall to remember of the small missour that his (lo) vill allove, as ves befoir allovit, to mak It agreable to the tuthir,^ quhilk allovance your (lo) sail refar to dein Alex"" carins, and marten kennedy, Jame hawthorne comptis ; and, gif thair be ony vthir thingis your (lo) vald haif Inspectioun of, your (lo) vill aduerteiss me vith this berar. farder I vrete to your (lo) befoir vith Johnne kennedy, your (lo) servand, that I vnderstuid that, gif James and me lord agre nocht, that he vilbe alss troble to vs as he may; thair- fob quhat vilbe your part thairto I sail do thaireftir to my poer. nocht ellis, bot refferis the rest to your anser in vreite of all thingis. To the Eycht honorabiU, and my spessiall guid frind, my (lo) of barinbarroch. Letter from Sir John Stewart of Minto to the Laird of Barnbarroch, 15th December 1577. (My Lord, I haue r)asauit your L lettir daittit at mayboil the XV daye (of aw)gust, dissyiring to appoint with me betuix andros daye^ (to pay the) rest that is behind, trewlie I onderstand nocht Weill quhat (all th)at menis, bot ye maye commonicat one thing that ye pleis (to) this berar. In gud feyth and * I had nocht enterit wyth yow or ^ now, we suld newir haif had metting the gidder in this world. I onderstand that ye haif writing to my cousing Willam steward to cans summond the Lard of castle- milk for producceing of the awidens of quhithorn pertenyng to yow ; trewlie I haif stiU trawalit wyth him this half yeir for deliuering of the sam, and now of Lait I haif gottin him bund, and my son the priour of blanter,^ to deliuer the sam betuix and ' Adair of Kinhilt. " Lord Glammis, the tutor of Cassillis. ' 30th Novemher. * An, if. » Before. e Blantyre. COEEESPONDENCE OF SIE PATEICK WAUS. 161 the XX daye of (aprill), as ye ma persaif be thair obligatioun, and thairapon na thing sa mekill as that thai knaw nocht quhat pesis is contenit In his obligatioun and resait of befoir, quhilk thing ye man mak tham suir of be the producceing of the sam ; quhairfor It wiU pleis yow to send the sam to me, and tak the attentik coppy thairof or ^ ye send It, and I sail nocht faill god willing to deliuer yow the sam agayn, or ellis the awidens, or the attentik ooppis of tham, conform to my promes ; albeit I haif nocht bein sa onestlie, nor liberalie, handillit be yow as I haif disseruit, yit I will do that thing that becumes me to do. I will nocht truble your L wyth langer lettir. committis yow to god. ffrom daildowe, the xv daye of december, 1577. — be your L at power, John of mynto knycht. To my warraye guid Lord my Lord the Lard of barnbarrocht. Lease by Loed Glammis,^ as Tutor to LoED Cassillis,^ of his Lands in GaUoway to Mr Pateick "Waus of Barnbarroch and Hew Kennedy of Ochterlure, 30th December 1577. At edinburcht and Inche^ the xxx last day of december yeir of god 1™ V threscor seventene yeiris It is appointit, acrcrreit, and finaUe ' contractit, betuix ane nobill and michtie Lord, Johne Lord Glammis chancellar of Scotland, and tutour testamentar to Johne erle of cassiUis, vpone that ane part, and M"^ patrick waus of barnbarro, and hew kennedie of auchtre- lure, on that vther pairt. In manor following ; That is to say, the said nobill and michtie Lord, as tutour foirsaid, hes maid, constitut, and ordanit, and be thir presentis makis, constitutis, and ordanis, the saidis M™ Patrick and hew his factouris and pro(curato)ris in rem suam, To Eessaue and intromet all and haill the fermes off beir, meill, and come, off all Landis and teindis pertening to the said erle, Lyand within the schireffdom 1 Before. » Maternal uncle of John, fifth Earl, who succeeded on 12th December 1576. 3 Inche, Lord CassiUis' residence in Galloway. L 162 CORRESPONDENCE OF SIR PATRICK WAUS. of wigtone, or in ony part of the boundis of galloway Eegalite, or Eoyaltie, To the quhilkis the said erle of cassillis, and his tutour foirsaid, hes rycht, of the crop and yeir of god Im V Threscoir seventene yeris, according to the Eentall, quhUk salbe gevin to thame thairvpone, with power to thame to in- tromet thairwith, call, follow, and persew thairfoir, as thay think maist expedient, and to giff acquittancis thairvpone in the maist ampill forme. For the quhilk the saidis maister patrik and hew obliss thame, coniunctlie and severalie. To content and pay to "the said Lord chancellar, his aris, exes [executoris], and assis [assignais], the soume off thrie pundis vsuall money of this realme for ewerilk boll, conforms to the erle of cassillis mesor of the inche, of ferme beir and meUl bureheid, and for ilk tua boUis of ferme corne the soume of uther thre pundis, and for ilk boll tend meill the soume of xxvi s. viiid. In maner following, The ane halff thairof foir dayis befoir the feist of mertymes the yeir of god Im v" threscor auchtene yeris, and the remainder of the samyn foir dayis befor the feist of witsoneday The yeir of god Im v" Lx nyntene yeris. Prowyding allwayis that vchtred m^dowall of GarfEland, Patrik Agnew Sheriff of wigtone, william adar of kenhilt, and the said hew kennede of achterlure pay na mair for the teindis of thair landis nor thay war accustumit to pay of befoir, for the quhilkis the saidis factouris sail pay na farder bot according to thair payment as said is. Attour .the saidis M"^ patrik and hew oblissis thame, coniunctlie and seweralie. To gadder, collect, and inbring to the said lord. The haill silwer maUlis pertening to the said erle of cassillis within the boundis of galloway, of the crop and yeir of god threscor sewentene yeris foirsaid. Provyd- ing alsua giff that the tenentis pay and lay in the tua part of thair fermes and victuaUis of this instant yer, that is for the third part beand nocht payit nor laid in, that it sail nocht be lesum to the said M=^ patrik and hew and thair factouris to tak ony mair of thair tenentis bot halff ane mark mair nor thay pay to the said Lord chancellar for everilk boll of the thrid part, nocht being restand and unpayit, in haiU fyve markis for everie boU, as said is ; and heirto bayth the saidis parteis faytfuUie CORRESPONDENCE OF SIR PATRICK WAUS. 163 binds and oblissis them to utheris, and for the mair securite ar content, and eonsentis, that thir presentis be actit, and Eegistrat in the buikis of consall and session, and decernit to haiff the strentht of ane decree of the Lordis thairof, with executorialis of horning to pas thairvpone, and to that effect the saidis partes makis, and constitutis . . . thair procuratoris, coniunctlie and severalie, in vberiori forma. In witnes heirof bayth the saidis parteis hes subscryvit this present contract with thair handis, day, yer, and place foirsaidis, befor thir witnessis. Jhon L. glamyss. [There are no witnesses.] Endorsed — ^Ane tak set be me Lord glaniis as tutor testa- mentar to the erle off cassUlis off his landis In galloway to Barn- barroche and Hew Kenedy off uchtraluir, 30th December 1577. Letter from Alexander M'Kie to Mr Patrick Waus, probably in 1577. Eycht honorabill Ser, efter my hartlie commendatioun, and seruice, ye sail vit my lord Justice clerk dois mekill for me for your causs, and vill get me my remissioun^ or I cum hame ; thairfor Ser ye man send me out thre hundrith merkis of mony for the samyn, and lat na man ken at I am apointtit, exsep my vyif. and siklik, Ser, the regent^ hes bene verray fauorabill to me for your requesting quhen ye var present. I pray you, Ser, send ane vreting to thank the Justice dark for his gudnes to me. Ser, ye man send the silver vith sum sacreit traist hand, and gar it cum vith als gret delegence as ye may. for godis causs confort my vyif. I vas in haist Ser at the vritting of this, for my lord regent send me ane messag, quhilk I saU gar your M knaw at our meting, nocht ellis, Ser, bot I may prayss god at I had your m to do for me at this tyme, quhilk, geif I haif ane lyif, sail nocht be for yet. commend me to your BedfaUow. be youris sone to my power, allex' M^Ke. To the rycht honorabill and my father M patrik vauss of barnbarrach. 1 He had been put to the horn in 1576. ^ Earl of Morton. 164) COERESPONDENCE OF SIR PATRICK WATJS. [From the place whence the following letter is dated, one might think the writer was Sir William Douglas of Hawick, only son of Sir James Douglas of Drumlanrig. He married Margaret, second daughter of Sir John Gordon of Lochinvar ; was actively engaged on the King's side at the battle of Lang- side, 1568, and in the civil wars ; and died before his father in 1572. The writer, however, was probably Sir WiUiam Douglas of Lochlevin ; for, on 30th January 1577-8, Lord Eobert Stewart, feuar of Orkney and Zetland, gave a Bond to re-enter in ward, with Eobert Logan of Eestalrig, Uthrid M'Dowell of Garthland, and Johnne Pennycuke, younger of that Ilk, as his cautioners, under the penalty of £10,000 ; and Alexander, Earl of Suther- land, Allane, Lord Cathcart, Williame Dowglas of Lochlevin, Maister Patrick Waus of Barnbarroch, and Laurence Bruce of Cultimalinde, bound themselves to relieve the above cautioners {Beg. Priv. Coun., vol. ii., p. 669). The letter is therefore inserted previous to the later date.] Letter signed William Douglas to the Laird of Barnbarroch. [Holograph.] My verie honoured and aproved guid freind, having sum weichtie ocasiones, quhairin ye may muche availl me, quhilk I could nather hasard to wrytt, nor committ wntto the credeitt of any beirar, I was thairfoir purpoisid to have comitt to yowr awin hous to have spokin with yow ; bott considering that it micht breid suspicione, I have att last presumitt, outt of the former pruifis I have had of yorr guidwill and kyndnes. To entreatt this muche mair favour att yowr handis, that ye will tak the panis to cum doune to drumlangrig Imediatelie efter the sicht heirof, quhair ye sail nott be burdenitt to stay langer nor yowr awin plesour. this must be done so quicklie and secreitlie as ye can, becaus I desyre no man to knaw yowr intentione, for sik causis as ye sail knaw att meitting. So luiking for yow, all excus sett apairtt, as ye sail find me alwayis reddie to gif yow ane honest and deutifuU meitting, quhensoevir ye have to do COEKESPONDENCE OF SIR PATRICK WAUS. 165 quhairin I can be stedaMP to yow, I rest youris evir assurit to his last, W™ Douglas, of drumlangrig this monday at evin in haist. I have directit this bearar to say that he is comitt fra James chamberis the maisour,^ to the effeict ye may gif outt that your erand is to edinbruche; And so to avoid the sus- picione of your servandis or utheris. ye sail als att your coming heir resave ane vther lettir from ane vther vnknawin bearar as yif it war ane stay. To his honoured and aprouvid guid freind The laird of barn- barroch. Letter by the Earl of Montrose to the Laird of Barnbaeroch, 6th January 1577-8. My lord, eftir maist hartlie commendationes, forsamekle it ■wUl pleiss your L wit the actione* off quhithorne is to be callit the xii day of this instant. It is nocht unknawin to your L quhow deir the said actione is to me. And seing your L hes bene sa thankfuU in this causs the tyme past, I will request your L to stand permanent off that sam mynd, and siclyk that your L wiU request vtheris to the sam effect, that may help the said caussis ; and anent that thing yoiir L desyrit of me, I pat the sam in patrik flemingis handis at your L desyr, the quhilk your L sail ressawe at meting with sic vther thingis your L may command in that caiss. Nocht dowting bot your L will do the sam, as your L may haw me to command in all thingis may do your L service and plesour, referris the rest to the berar : swa, hawand na forder occasione, committis your L in the protectione of the eternall god. At Montross the vi of Januar 1577. forder I dowt nocht bot your L will fulfill your promess 1 Helpful. ' Macer. ^ The plea of Whithorn was between Lord Robert Stewart and William Fleming (see Sir J. Stewart's discharge, 15th November 1578). 166 COERESPONDENCB OF SIR PATRICK WAUS. as I sail do the sam, and alss that your L will speik thame that may hender this causs to be thankful thairin. Youris L gud freind Montroiss. - To his maist speciall the layrd off barrinbarrow, Letter from Sir John Stewart of Minto to the Laird of Barnbarroch, l-3th January 1577-8. I haif resauit your L lettir daittit at edinbrucht the xvii daye of december, And quhair your L writis that ye wald be content to aggre wyth me for the restis, that suld be payit be yow at the end of the pie, sua I wald be resohable ; trewlie I haif beyn In tymis bygayne mair on resonable to my self, and to myne awin, nor I haif beyn one^ waye to yow ; yit thai ma wyit tham self, and thair awin ewil bering, that ye haif cumming sa gud speid. as to be resonable In the restis, geif ye pleis to furneis reddy siluer, I salbe wareye resonable, as I haif informit this berar ; geif nocht, I man resing^ that rest owr In my sonnis hand, for payment of certaine dettis that he hes tayne apon him to paye for me, as ye will persaif mair larglie In ane writing maid, and on subscriuit as yit, betuix him and me. as to appilbe I grant, as ye allege. It is the worst land within that Lordschip, bot I will hald It the best, and will do as the man did that had the mony doychtirs, the best is hindmost, trewlie appilbe is dar to me nor al the rest of the land that I had thair. I knaw ye ma noeht weill want It, bot wil mak ane barony of the hail; as newir ane lard of barnbarrocht did the lyk afoir, and that wil caus me hald It the dar. In gud fayth the lard 'of mains hes bidding mekil mair to my son, the prior of blantir, quha hes beyne ernistle trawelling wyth me, at quhais dissyir I knaw nocht. thairfor geif ye pleis to haif It, Lat me haif siluer, and na fair wordis, als mekil as wthiris biddis, and ye sail haif It ; and wthirwais ye sail apardon me. I can nocht seill my land, and thig^ my siluer. ye sail nocht be offendid suppois I wryt ' Been any. ^ Resign. 3 ggg^ CORRESPONDENCE OF SIR PATRICK WAUS. 167 hoymle ; It is tot the trewth. all thingis hes not beyne sa well kepit as It wes promisit In tymis bygayne, and forther I Luik for your L determinate ansur For all, and god be your keipar. of daildowe, xiii daye of Januar, 1577. — ^be your L awin at all powir, Johne of mynto kny*. To my waraye gud Lord the Lard of barnbarrocht. Letter from Sir Patrick Agnew to Sir Patrick Waus, about 1577 or 1578. My Lord, after my maist hartle commendatioun, efter my vriting to your L with hew, I reseuit ane vriting of my Lord chanslaris the xxix day of October, desyring me to be at his L in edinburch the first of november, quhilk your 1 -may schaw my Lord chanslar it was over schort warning. And in respect I haid appoyntit befoir the dayat betwix his L and the lard of Lochinvar, as I writ to your L befoir with hew, I could not be able to keipe his L vriting for schortnes of tyme; Thairfoir your L man haif me excusit at my Lord chanslar. And farther, gif my Lord chanslar rydis over the watter, ye may causs his L speik the comtrollar and the saurar^ with your aun diligence, quhilk I lippen maist to continew my comptis quhile his (L) bak cuming, and to adverteiss me of his (L) dayat to Ed"^ agane, that I may causs the lard of Lochinvar keipe the same ; and your 1 anser in vrit with the berar, with my hartle commenda- tionis to your ladie my ant. Off Lochnaw be your gud frend at power on the auld maner. Patrick Agnew. Your 1 will delyver this other writing of myne to my Lord chanslar, and excuiss the same as your L wysdom thinkis gud. To my ry' speeiall frend my lord of barnbaroch. [Sir Patrick Agnew was Sheriff of GaUoway from 1547 tiU ^ Treasurer. 168 CORRESPONDENCE OF SIR PATRICK WAUS. 1590. There is a letter in the Barnbarrocli Papers from Hew Kennedy to the Chancellor Glammis, dated 12th January 1577-8, referring to the Sheriff's accounts.] Letter from the Regent Morton to the Laird of Barnbarroch, 23d January 1577-8. My Lord, For that ye shew ws that ye wald persew the Lord Hereis the morne in caiss the money wer not deliuerit, And now that we heir ye intend to ryde Leving this vndone, quhairby this puir strangear wUl be hevely dissapoynted, the obligatioun remaining in your handis ; This thairfoir sal be to desire your L that ye stay your ryding quhill that mater be put to a poynt, as resson and conscience wald, ffor the relief of thame that will find the charge the gretar the Langar that it be unrelevit. Thus we committ yow to god. At Halyruidhous, the xxiii of Januar, 1577. — your gude freind, James Eegent. To our traist freind the Lard of barbarrauch. [The following undated letter from the Laird of Mochrum may refer to the same debt of Lord Herries.] Letter from Sir John Dunbar of Mochrum to the Laird of Barnbarroch. My Lord, efter meist hartlie commendatioun, this is , to aduerteiss your (1) that I haue tane four hundreth pund fra (m) James m^carnay, and hes ordanit him to delyuer to your (1) sax hundreth pund, according vnto your (1) awin directioun; hot remembering quhat danger I am in, gif the foirsaid four hundreth pund be nocht had agane the day I haue to do thair- with, I haue repentit the way bryning^ of the samin, and thair- foir hes thocht gude to desyir your (1) to be delygent vpoun my (1) hereis,^ and sice as hie hes lyppynit to, (to) anser your (1) of the said four hundreth pund, that ye may be sure of the samin 1 Away bringing. s Lord Herries. CORRESPONDENCE OF SIR PATRICK WAUS. 169 at the leist thrie dayis befoix my day appoyntit. for gif I cum in cumir throw vant of the samin, I haue nane to repreif hot your (1), quha tuik the treist and credeit of the samin vpoun yow. treating thairfoir your (1) will do heirin in sice maner as nowther I sail haue cumir of payment of my sovme, nor yit just occatioun to repreif your (1), hecauss I had neuer the samin. And sua my commendationis done to my ant, your bedfallow, I commit yow bayth to the protectioun of god. of beggar, this last vedinsday, be your (1) awin assurit in the auld maner. Mocherwm. To the Eycht honorable And his meist special! lord my lord of our soueran lordis sessioun and laird of barmbarroch. Letter from Hew Kennedy of Ochterlure to the Laird of Barnbarroch, 3d February 1577-8. My Lord, efter my hartlie commendationnis, I haif resauit your (L) wretting. Declaring me that the Laird of garfien^ and the Sheref of Wigtoun had offerit to my Lord chancelar^ four merkis for euerie boU of firme maill, and tua merkis for euerie boU of teind maUl, quhairof the Sheref hes maid his want* in galloway, and stayis the tenentis of payment, and sayis that he and the Laird of garfland hes gottin the same of the pryce foirsaid during my Lordis tutorie; and, gif sa beis, I desyre your (L) that ye be at poynt thairinto with my Lord chancelar, to the effect that I mak nocht daly aduerteisment to James hawtorne to mak proclamotionnis in your L, name and myne, to the effect we be farder scornit, or mokit, in the cuntre, and nocht to provale to ws ; for James hawtorne hes bene in this toune of mayboill at me, and declaris that the sheref hes dis- chargit ony factouris to be thair except the Laird of garfland and he ; and gif it be vthirwayes, prayis your (L) to aduerteis me ; and causs my Lord to do the samen ; And with goddis grace 1 Gartliland. ' Lord Glammis, then tutor of tlie Earl of Cassillis. ' Vaunt. 170 COHRESPONDBNCE OF SIR PATRICK WAUS. your sell heir tell I sell noclit be scornit with thame, cum efter quhat sa may. Thairfore prayis your L to aduerteis me formallie quhat I sell proceid heirinto, or quhat wilbe your,(L) part; and nocht to be daly to knaw the certentie of my Lordis mynd. this, my Lord, I luik for your L, anser in wrette, and quhat wilbe your L pairt heirinto ; referring the rest thairto, with your anser presytlie in wrette. And god half your (L) in keiping. wrettin frome mayboill, this monnonday the thrid of fabruar, 1577. — Be youris (L) Gud frend at powar to be commandit, hew kennedy of vchtreluir. Lykwayes your (L) sell wn- derstand that the sheref hes said that at your last gangin afaill to edin'' that your L suld nocht half ado with the said factorie in galloway, and, gif sa beiSj I desyre your L to adverteis me with the treuth thairof, for I Luikit for the contrar. To the rycht honorabill and speciall freind the Laird of barmbarrot. Letter from Sir John Stewart of Minto to the Laikd of Barnbarrooh, 4th February 1577-8.^ My lord, efter maist hartlie commendatioun, this salbe to put yow in remembrans of your last lettir writing to me, quhair In ye wer wareye dessyirus that. I suld labir to get yow the ewidens of the landis, or ellis the attentik coppiis thairof, accord- ing as I had promisit and contrakit wyth yow ; and at the rasait of the sam ye promisit to deliuer to me the rest of the siluir for the landis of appilbe. and to that effek trwlie I trawalit waraye ernisle bayth for your fawir, and for my promes saik, or ellis I trest ye had nocht gottin tham ; and upoun the sam ye causit ' This letter lias no date, but it must have teen written after Barnbarrooh had received Castlemilk's deed of conlirmation, and before he paid for Apilbie. CORRESPONDENCE OF SIR PATRICK WAUS. 171 me send willam steward to edinbruclit, quha ramenit a month and tua dais, and, as he sais, he rasauit na gud anser of yow, hot bad him cum or send In galloway to yow, and ye wald pro- wyid my siluir, and thair efter causit him cum In galloway, and remayn thair xii dais, and at the end he sais ye bad him cum to edinbrucht, and ye wuld geif him fyif hundryth merkis for the hail restis that is behind, and will pay me na siluir wtherwayis. I half had mony promissis of yow in ane mair gentil manir of yow, bot It is weil sett that thai half sorow that byis It wyth thair siluir. do as ye wil, I knaw the worst. I haif writing this writing this lettir to the effek I ma knaw your full mynd, for I am newtr the wyisar of willam stewardis speikin. thair- for I wald knaw your awin ansur, quhilk I praye yow to send me wjiih this berar, your ful resolutioun and mynd, quhat ye will do, and ye sail haif ane anser. als I praye yow send me castelmilkis obligatioun, for I trest ye haif na mair ado wyth It, sen ye haif rasauit the lettiris alridde. I praye yow cans our contrak to be insart in the buikis of the consell, and caus your procurator to compeir gef ye be nocht present yourself to the effek, as I sail do the lyik ; and quhat wthir thing ye can bur- then me wyth all, odir be promes or wthirwais, and I sail fulfill the sam eftir my power. I wU nocht bid yow do the lyik, bot ye knaw your dewete. ye sail send me ane ansur of al thingis as I haif writing, and ye sal nocht be mekil mair truble wyth me, bot as the tyme sal ofBr. I wil nocht truble yow father, sua committis yow to god. — be your L at al powr, John of mynto ky*. To my waraye gud lord the lard of barnbarro*. " Letter from Sir John Stewart of Minto to the Laird of Baenbareoch, 13th February 1577-8. My lord, efter my hartlie commendatioun, I haif rasauit your L lettir, daittit at edimbrucht the penult of January, wyth ane hundryth merkis, as ye wryit it, part of payment of four hun- dryth and fyifte merkis, and conform to your dessyir I haif 172 COEEESPONDENCE OF SIE PATRICK WAUS. tayne ane infeftment of my dochtir, quhilk ye sail rasaif. I wil put yow to that payn to rais ane acturnyne/ and send In and tak my sesing. ye sail rasaif als my awin chartur of alwarties,^ wyth the contrak as to your awidens, confirmation, and the rest that ye wryit for. I trest thai salbe at yow schortlie, for geif your charrgis had beyn gewin, as I dessyirit thomas waus, thai had beyn at yow or now ; hot Ser hewis ^ seiknes stoppit that, thomas waus mycht nocht do al that wes dissyiris him to do. alvayis the charge is gewin now. castelmylk ^ wald feyne pleis my son ^ and me bayth, bot at the lengthe he wiU present tham befoir thir lordis, and saif him self, and displeis my son and me bayth, quhilk I am weiU content of for my part, my son trawalis all that he dow to stop yow wn gettin that land, bot ye ar wyis anewcht now. I praye yow, sen ye wryit that the siluer is reddy, to mak me na mair deffarrans of payment, con- siddering I haif gewin yow al thingis at your awin wiE and pleseir ; wthirwais to geif this berar ane schort anser, and lat him cum awaye. I wiU nocht truble yow wyth Langer lettir. committis yow to god. from daildowe, this xiij of febrewry, 1577. — be youris L att all pouer, Johne steward of mynto knycht. To my waraye gud Lord the Lard of Barnbarrocht. Eeceipt by Sir John Stewaet of Minto of 300 merks, being part of the Price of Appleby, 1st March 1577-8. I Johne Steward of mynto knycht grantis me to haif rasauit fra the handis and deliuerans of ane honorable man, maister patrik waus of barnbarrot, the sowm of thre hundryth merkis. In part of pajmient of four hundryth and fyifte merkis, and that for the alienatioun of the ten merk land of appilbe, conforme to ane 1 Attorney. " Doubtful ; name of a place. ' Probably Sir Hew Kennedy of Girvan Mains. * Sir J. Stewart's son-in-law. " The Prior of Blantyre. CORRESPONDENCE OF SIR PATRICK WAUS, 173 contrak maid betuix the saidis maister patrik and me, off the quhilk sowm of thre hundryth merkis I hald me weil content and payt, and dischargis the said maister patrik, his airis, execu- toris, and assingnais, be this my hand wryit, subscriuit wyth my hand at daildowe the first day of merche, 1577, befoir thir witnes, wQarn steward, georg steward, patrik hall, wyth wthiris diuersis. Johne Steward of Mynto kny'. [There are no signatures of witnesses.] Endorsed The layrde of myntoyss acquittance. Letter from Sir John Stewart of Minto to the Laird of Barnbarroch, 5th March 1577-8. I haif (rasauit) your L lettir the penult of februar to gedder wyth sex scoir of pundis In part of payment, and dissyiris me to send to yow my discharge of thre hundryth merkis, and ye sail send me xx merkis quhilk restit of the payment of the said thre hundryth merkis, and that ye sail send me a hundryth merkis betuix and paice ; bot I heir na word of the todir fyifte merkis, nor quhen It salbe payit. as to the discharg, ye sail rasaif the sam fra the berar, and deliuer him I praye yow the sax XX merkis, quhilk ye knaw ye promisit be your awin writing, quhilk I haif to schaw ; praing yow to schaw me fawir and thankfulnes In payment of my awin, and geif me na occatioun to compleyn, suppois thair be mater enwch In tymes past. The grittast occatioun of my heste writing is I onderstand my eldest son is to repair towartis yow, and his special erand is, as he allegis, to se the awidens presente befoir the Lordis, bot the trewth is this, he menis to trawel wyth my lord robert, be al the craft he ma, to se geif he can one ^ waye dryf him to mak yow and me baith cummir ; bot thair is a thing I knaw my lord robert to be indigent, and misterfull,^ and he hes na thing to geif him ; yit I knaw him to be facUl, thairfor I thocht It gud to prewent the tyme, and geif yow warning, my cousing wes schawand me 1 Any. ^ Necessitous. 174 CORRESPONDENCE OF SIR PATRICK WAUS. that my lord robert suld saye to yow that he saw my sonis sesing past apon the landis of appilbe, quhilk is nocht trw ; hot the trewth is this, at the appointment making betuix my lord boyid and me I wes ordanit to paye him ane grit sowm of siluer, and I had nocht all the hail siluer, bot wes constranit to siek ane part of It apon Land, and my son wes in fe of the sam Land, and for na labir that I suld mak at his hand he wald con- sent thairto, wythowt I gaif him ane part of the landis that I had in gallowaye, quhilk Indeed I consentit to ; and he chose the ten merk land of appilbe, and the mill, and maid his infeftment thairapon, and In this meyntym I saw my self sa opprest be him I schaw the mater to my lord robert, and dissyirit him geif he wald rasaif my dochiris be my resignatioun, and he wes content, and I contynu ^ I send my brothir secretle awaye, and tuk hir sesing to hir, quhilk sesing wes newir knawin to him quhill the tyme that he tuik my haill lettiris iind awidens, and fand the sam amang tham, and sen syne thair wes na thing spokin of the mater quhill now. and now I onderstand that he is myndit In sa far as he ma to trawel wyth my lord robert to do ws the cummir that he ma ; thairfor sen my lord robert is thair, and In your handilling now, I think It best that ye spak him or ^ the odir speak wyth him ; for geif he wor wyis he suld nocht mak me fallowis to na wthir, for I had nocht beyn the first wamar of prior malicumis deid, and thair eftir trawallit wyth my lord of moraye for the benifice to him, he had newir cumming In that rowm ; and had the indingnatioun of my lord of glencairn for the sam still, quhill he deit ; thairfor, sen he is facill, ye man handill him the mair warie. I praye yow be nocht ofiendit wyth my prolixt writing, albeit It be nocht sertane, yit my meynying is gud. ye sail aduertis me agayn wyth the berar of all thingis as ye think gud, and faill nocht to send me the siluer wyth the berar. I wiL nocht truble yow forther. committis yow to god. from Daldowe, this fyif of merche, 1577. — be your L at all powir To my waraye gud John of mynto kny'. Lord my lord the lard of barnbarrot. 1 Or Incontynent. ^ Before. CORRESPONDENCE OF SIR PATRICK WAUS. 175 Letter from Lord Boyd to the Laird of Barnbareoch, 6th March 1577-8. Eftir my hartlie commendationis, heirand of this conventioun of the erleis of argyle, athoil, and montrois, in strivUing, and now that ye are cumit thair in cumpany with the Imbassadoris, thair- foir I wald be glaid to knaw ony newis of thair procedingis thair, and quhethir materis is to be appoyntit betvix my lord regentis g.^ and the saidis lordis upone thir bygane bruittis, that is past amongis thame, or nocht, and gif the Imbassadoris, or ony noblemen of Scotland be travelland to that effect, or quha ar the travellaris, ffor the bruittis gangis diverslie in thir partis, ffarther I pray yow to latt me knaw quhat presentis the Imbas- sadoris presentit the kingis ma*'" with, and quhat wes the com- missioun thai declairit to his g. Ye man excuse me of my hameUe chargeing, for I salbe reddie to do yow sicKke plesor quhen ye pleis to employ me. Thus leving farther for the present, committis yow to god. Off glasgw, this sext of merche, 1577. — ^Your assurit freind at pover, E. Boyd. To the right honorable and my traist freind The laird of Barnbarroth. Letter from Sir John Dunbar of Mochrum to the Laird of Barnbareoch, 12th March 1577-8. [Holograph.] My lord, efter my mest hartly commendassionis, and na les thankis to your lordschip, and for monyfald kendes and gret freindschip, quhilk I haif evir fvnd and feindis in your (1), and specially nov of lait quhar I haif persauid be your (1) vretting quhar ye had resonit vyth my lord regentis (g) vpon my singnat- tour, tovxing the confirmassion of the landis obtenit be the basstarddin, better nor ather I or ony of my freindis I lypnit did evir affor, and tharby parsauit in lyk manir that ye hayf meid the regentis (g) confes the occasion of the stopping of my 1 On tlie 8th of March 1577-8, Morton resigned the regency, and the king, James VI., assumed the government. 176 COERESPONDENCE OF SIR PATRICK WAUS. singnattour, and brocht his (g) to be in purpos tovartis me, nor athir I, or ony I lypnis to, covld bring him to affor, and sen your (1) heis brocht the matar to this poynt, that I am lykly nocht to be handillit for by the commovn coustoum, and alsuay that tyme is presyouss.^ and nocht to be teint,^ I vill yeit als affor mest ernistly desy your (1) for to vork ovt all the vayis ye kan, and vyth als gret delygenss ye may, to get my confyrmasion past, and sen this berar agan to me vyth all dellygenss vyth the neyim ^ of the samin [or soum] at * yovr (1) fauour heis got- tin of the regentis (g), and thar sail nocht one our be lost quhill I hayf at yovr (1) vyth the mony,^ and gefif my confirmassion stj'kis in ony pless be resson of the prevelag of the landis, and sycht of the auld infetment, your (1) may spek ernistly to Jemis makcartnay to get me athir the extrak of the samin from robart schot, lyk as I hayf vretin to Jemis to the samin effek, or ellis get me the extrak of the auld regestar bukis, quhilkis his master hes in kepping. I vret to yovr (1) mair ernistly to hayf my confirmassion speid for sek cavssis as I sail deelar yovr (1) at metting, and suay hayfing mest sovir ^ confydenss in yovr (1), nocht to trovbill yovr (1) vyth mony vordis, persauing yovr (1) faruant ' mynd in my causs, quhilkis wyth the grac of god salbe als trevlly rememberit as my ovttermost power may extend in quhatsovmevir yovr (1) vill scharg me, and becauss robart schot hes dreffin ^ me this tway monyth for ovtgefBn of fovr pessis ^ of evydentis, I trest your (1) vill labour him for this ane peiss, quhilkis is the infetment of the landis of loch, gef my con- firmassion stykis tharin ; or odervess to causs Jemis get me it ovt of auld regestar. and quhat athir of thai gredis may be plessit forsamekill panis yovr (1) vill pless to satefy, quhilkis salbe thankfuly redressit ; for I knav ther is na courtasy to be gotten at thar handis, hot for gravyte it vill pless your (1) to resayf my scharttovr ^^ agan of the landis to be confermit, and keip sovir,^ for I desyr nocht it var to creyf ^^ agan ; for yovr (1) ounderstandis the natovr and constansy of the voman. attovr it 1 Precious. ' Lost. = Name. < That. » Written " many." ^ Sure. ' 1 Fervent. s Delayed. ' Pieces. '" Charter. ^^ Crave. COEEESPONDENCE OF SIE PATEICK WAUS. 177 vill pless your (1) persayf the form of the blanche charttoor. althoycht I na vay mynd to vork be that vay, as your (1) may persayf. of egerness the xii of marche. Be youris (1) avin at outter pover. Mocherovm. The deit of the infetament of mocherowm for seking of the avid regestar Is " apud edinbrocht tarsio dei ^ mensis apprellis ano domini meUsimo quadragentesimo septovaygesimo nono et regni nostro desimo nono." To the right honorabill and his speciall Lord of our souerane lordis session and lard of barnbarroch. Letter from Loed Boyd to the Laied of Baenbaeeoch, 13th April 1578. My lord, eftir maist hartlie commeiidatiohnis, this to adverteis your (1) that the mastiris of the college of glescow is persewand mastir archebald betoun, commissef of this toun, for reductioun of ane nyntene yeir tak that he hes of the teind schawls ^ of the parsonage of gowane, quhilk tak is selit and subcry vit be the parsone of gowane, togidir with the commoun seUl and the subcriptionnis of the mast part of the chanonnis of glescow, and is in peciable possessioun be virtew of this instant tak, and wther takis precidand, thir mony yefis bigahe without ony molestation, gyf his tak be reducit for the causses contenit in the lybell, thair is nane in Scotlaiid will be suir of the tak of ony teyindis. Heirfor I will mast hartlie pray your (L) to be ane helpper, that he may half justeice, and that na wrang be done to him, As your (1) will do me syngular plesor ; for, gyf the said tak be reducit, the grittest hurt will be myne, becaus I ame maid assyngnay thaironto; the birar heirof will mair amplie declair your (L) the merettis of the caus, thairfor I will nocht trubill your (L) with langar letter at the present, hot, gyf your (L) half ado, ye sail find me alss radio to do yow plessor, as I ame desyrus at this tyme of the same, this committis your 1 Tertio die. ° Sheaves. M 178 COEEESPONDENCE OF SIR PATEICK WAUS. (L) to the protectioun of almyty god. of glescow, the xiii day of appryll, 1578. — Your (1) assurit freind at power, A. boyd. To the rycht hono" and my traist freind The laird of Barnbarroch ane of the senatoris of the college of Justeice. Letter from Sir John Stewaet of Minto to the Laied of Baenbaeeoch, 16th April 1578. I haif writing sundry and diuers tymes to yow, and ewir at your awin dessyir apon promiss maid to this berar, as he sais, and siklyk apon promissis maid to me apon your awin hand wryit, quhilk I haif to schaw, and newir thing kepit to me, hot drifis tyme wyth me as I wor ane sclaf.^ I assuir yow as ye handill me It is my part, geif I mycht do yow displeseir, to schaw the sam. I wil wryit na forther at this present, assuir- ing yow and ^ I get my promisis fulfillit to me at this tyme, as I haif writing, this salbe the Last fawarable writing that ewir I think to wryit to yow, and sail do that thing that Lyis in my power to your disawantage. It is ane sair mater to me to tyne^ my fryndis, sell my land for half nocht, and syne thig * the pay- ment of It. I haif send this berar to yow to resaif the compleit payment for the landis of apilbe, as ye promisit to haif maid me compleit payment In hand In , eftir the makin of the sickarnes ; quhilk securite I send yow at your awin dewyis, and conforme to your awin writing, at the dessyir of the quhilk I send yow. and now, as the berar informis me, ye mak dif&culte to mak me payment, sayand the lard of Lochinwar, and the lard of crachlaw, hes rasauit writing fra patrik flemyng that the flemyingis sail still ^ wyth the benefice, quhat haif I do wyth that ? for my rycht will defend the sell,® for It is weil confermit. And in lyik maner thair is this reuertioun, and that reuertioun, I wuld ye suld fyind sum wthir schift to hald my siluer fra me ' Slave. ^ And I get, for " if I get not." ' Lose. < Beg. ' Style. e Sale. COKRESPONDENCE OF SIE PATEICK WAtrS. 179 nor thai wayne ^ allegans, for trewle I menit na thing towartis yow, hot that thing that wes trew. I maye say now that I haif nocht handUlit my self wyisle/ as It is trew In deed, hot newir the les as occatioun seruit, geif I proffeit nocht my self, I can well hinder yow. this far I wryit to yow for my awin part, as concernyng the awidens, thai haif beyn in edinbrut this xv dayis In my sonis hand, the prior of blantiris, and thai wilbe deliuerit, or ellis the wyit^ wilbe in your self ; and falling thairof this berar wil deliuer yow the lettiris of hornyng as ye dissyir ; bot I haif send this berar to cans trawell sum wthir waye, quhairby al thingis sail cum agen pleseir and fryndschip, quhilk hes beyn my study In gud fayth this half yeir, suppois It be litill my commoun, tharfor It sail stand in your awin hand and al thingis cum nocht.* I will nocht truble yow with Langer lettir, sua committis yow to god. from daUdowe, xvi of appryill, 1578. — be youris at power, Johne of mynto kyt. To my wareye gud Lord the lard of barnbarroch. Eeceipt for Sir Pateick Waus's house rent in Edinburgh, 7th June 1578. I Neill Laying, keper of oure soverane Lordis signet, tutor to patrik turnet, sone to patrik turnet, burges of edinburgh, be the tenor heirof • grantis me to haif ressauit the sovme of fiftene pund usuaU money of this realme fra ane nobiU Lord, maister patrik waus of barnbarrocht, ane of the senatoris of the college of iustice. And that for the witsoundayis terme last bipast, of the hous maill of the said patrikis, quhilk the said maister patrik now occupiis ; Off the quhilk sovme I hald me weiU content and payit, And therfoir dischargeis the said Lord of the samyn for now and evir be this present acquittance. Subscrivit 1 Vain. 2 Wisely. ' Blame. * Suppose you do not owe much (for my trouble) you shall fix the amount your- self, if all things do not end right. 180 CORRESPONDENCE OF SIR PATRICK WAUS. ■with my hand At edinburgh, the sevint day of Junii, the yeir of god Im v° threscoir auchtene yeiris. Befoir thir witnesses, N Laying with my hand. Endorsed ISTeill langis acquitance for the vidsonday maill of my lugyne In Edy=^ anno Lxxviij. [Neil Lang seems to have been in good circumstances, al- though the rent paid to him by a judge for his lodgings for six months was £15 Scots, or 25s. In Pitcairn's ^' Criminal Trials," 16th December 1561, we find that William Gould was convicted of " stealing and taking furth of the purse of the spous of Neil Lang ane signet of gold, ane other signet of gold set with ane cornelian, ane gold ring set with ane great sapphire, ane other gold ring set with ane sapphire formit like ane heart, ane gold ring set with ane turquois, ane small double gold ring set with ane diamond and ane ruby, ane auld angell noble, and ane cusset ducat."] Letter from Lord Egbert Stewart, Commehdator of "Whithorn, to the Laird of Barnbareoch, 17th June 1578. My Lord, Efter maist hartlie Commendation, forsamekiU as ye knaw that I haif kepit as yit all the haill dyettis, quhOkis vere apoiatit to me be our iudgis, quhUk as your L may knaw hes beine verray sumtuus ^ vnto me, and my vnkill ; ^ for ne man supportit the present necessety at tymes but his Lo, albeit that ye did the rest in galloway^ as to my lady argyU sho dois nething to the purpois, and seiug that our matter as I vnder- stand is in guid estate, and near ane end, I vald vishe that the causs vere nocht Left now. as for my awin part, I haif done quhat I can ; mair I fear that som ar tyrit of their part, becauss they see nocht matteris gang hestelie frindlie. your Lo may knaw quhat I meane, for my meaning is of them quha hes maist mentenit our action, for they haif mekiU ado, and they thinkis that they, quha intendis to get the profit of that living, ' Sumptuous. " Uncle, ? the Earl of March. CORRESPONDENCE OF SIR PATRICK WAUS. 181 suld do their part in helping me sa farre as they mycht, quhill I mycht get my awin to releve them, and recompenss tham ; therefor your Lo man apardon me that I can nocht keip this present dyet, quhilk is the xxx day of this instant, for I haif it nocht, as ye knaw, and friendis thinkis they haif done anewch. alvayes gif your Lo culd or wuld find one^ ithir vay that I mycht haif fourtei pundis mony, I vald gif yow my obligation apon the same, and vther siluer, quhilk ye haif debursit in my name ; and your lo to be ansurit of the reddiest fruitis of that living, and gif ye think that ye may do it, or viU promis the sam, I vill cum, for I vill mak it plaine that I davir nocht cum their for fear that I be trublit for dett, and so mekill mony vill serve the turne, and I to awaitt upon our matteris. vdervyss your Lo vald nocht that I suld be schamit. nocht villing to trubiU yor (lo) witht ^rolixit Letter, but for the present com- mitis yow to the protection of god. pleis your lo to resawe the £200 togither vitht the indorsation, and gif ye think it nocht sufficient, ye may mend it as ye think guid. from Stirling, the xvii day of June, and your Lo answer witht the berar. — Your assurit freind, Eobeyt commendator of quhithoyn. To my guid Lord and speciall freind Laird of barnbarroch. Letter from Sir John Stewart of Minto to the Laird of Barnbarroch, 29th June 1578. Eftir al hartlie commendatioun, I haif send this berar to speik wyth yow concerning the creddit, as he allegis, gewin be yow to him to declair onto me In your last lettir, and father to dissyir yow to schaw me fawir and gudnes, as I sail do to yow and youris efter my power. I wU praye yow, for ane i pleseir that I dow do to yow, that ye wU send me the hundryth merkis, quhilkis ye promisit to me for appilbe, and rasaif ane discharge of ane hundryth pundis for the sam, as ye dissyirit this berar to cans me mak efter your awin dissyir. And father I am content, ' Ony, any. 182 COERESPONDENCE OF SIE PATRICK WAUS. according to the dissyir of your awin writing writin to me of edinbrut the tent of Juin, that ye haf the Last foir hundryth pjindis for the payment of foir hundryth merkis, sua I get the payment schortlie. for I haif ado wyth It, and is lyik to half mair schortlie ; quhairfor I praye yow, for ane ^ pleseir that ewir I ma do for yow, that ye wil send me the siluer, and ane ansur schortlie for the rest, and (ony) pleseir I ma schaw yow agayne ye sail knaw the sam, for your requeist salbe ane command to me. And wthirwais, geif ye wil schaw me exstryme rigour, I can not mend It, hot heir wyth It againis my wiU. this I dout nocht hot ye wil schaw me this mekil fawir, In caice ye wor nocht addettit to me. I wU not truble yow wyth Langer lettir, sua committis your L to god. fErom daildowe the pennult of Juin 1578. — be youris at his powir, Johne Steward of mynto. To My wareye gud Lord the lard of barnbarrocht. Letter from John Duncanson to Mr Patrick Waus, 6th July 1578. Eycht honorabyll, efter my maist hartlie commendatioun, I recevet your vretten vpon satterday at evin, ye fyft of this instant, and this day I spak robert carvoer, quha hes foure stanis alradie wrocht, and says that he can nocht haif the rest radie quhill September, he wyll nocht grant to gywe the pece of the stanis wrocht onder sexten schillingis, and besyd the ten picturis thair man be ane wther stane for your armes, quhilk he will nocht grant to work onder fourtie schillingis. gyf ye be con- tentet of thir prices, advertiss me with possebyll diligens, that I may cause to provyd for ma stanis, and the sam to be hestit sa soun as he may. gyf ye wyll nocht haif your armes vpon a stane be them self I sail cause hym to mak your armes vpon ane pictur, and your ladeis vpon ane vther, and quhow son he sail send for them, I sail advertise yow at my cuming in gaUoway, 1 Any. COKKESPONDENCE OF SIE PATRICK WAUS. 183 quhilk wylbe god wylling schortlie efter the parliament, gyf ye be content with the prices of the stanis, ye sail send fourtie schillingis in erlfe,^ and I saU be diligent to best him' to wark, that all may be radie afoir your tenentis end thair hervest, and be abyll to travell for them. As for newes, thair ar nane pre- sentlie wtheris than the quhUk are comvne. I pray yow cause half my sylver redie againis my cumming in the cuntrie ; I wyll get letteris, as I beleif, to be anseret of tua hundreth markis for this yere. I beleif that ye wyU cause me to be foirderet, as ye sail haif me radie to do yow pleser quhan ye sail command, re- mitting wther thingis to meting, with your nixt aduertisment, efter my hartlie commendatioun to your Ladie, I commit yow to the protectioun of the eternal, fra sterling, the sext day of Julij, 1578. — Youris in the Lord, Jhon Duncansone. To the rycht honorabyll M'' patrik waus of barnbaro*. [It seems from this letter that the Laird of Barnbarroch was then making some improvements on the mansion house, and that he was getting stones hewn at or near Stirling by Eobert Carvoer (or the carver), which were to be ready to be carried thence by the tenants after harvest. [That house was pulled down exactly two hundred years after- wards in 1778, and the present house erected on the same site, over the front door of which an old carving of the Waus arms, of the date 1433, was inserted, but there is no trace or record of the picture stones here mentioned.] Letter by Sir John Stewakt of Minto to the Laied of Baenbareoch, 12th July 1578. My lord, efter maist hartlie commendatioun, I haif rasauit your L letter wyth the forme of ane contrak In maner of ane discharg, quhilk is gud enwcht, sua the sowm wer aggreit apon. Quhair your L writis to caus meit yow in mayeboH on sondaye be viij houris, that salbe wyth godisgrace performit for this 1 ? Arle fee. 184 COEEESPONDENCE OF SIR PATEICK WAUS. tyme, quhilk is twelf tyme, for the payment of a hundryth merkis ; And quhair yowr L writis that ye sal deliuer ane hun- dryth merkis and mair, allaice, my lord, at schort, geif your L wil geif me conforme to your writing, I sal satesfye your L dessyir. geif your L will nocht do sua, Lat It stand our quhil ywill^ or thairby, and than I onderstand your L wilbe resoluit wyth your self, and so wil I or than;^ for in gud fayth I am ane trew playne man, And wil na wais gang with your L. forther this berar wil schaw yow, quhom to ye wil pleis gif creddit. I wil nocht truble your L furthir, bot coijimittis yow in the protectioun of god. from daildowe, this xij off Julij 1578. — be your L at power. To my waraye gud lord the lard of Barnbarrocht. Johne Steward off mynto ky*. Letter from John, Loed Maxwell, to the Laied of Baenbaerooh, 30th August 1578. Honorable Sir, eftir my hartlie commendatiounis, I haue resavit lettres fra my Lord regentis grace, declaring it isaggreit betuix his grace and the Lord of Huntington,^ the queue of englandis president at York, anent daye of merche,* to be generallie keipit at all the thre merches, upon the xij daye of Septimber nixtocum. And according to the same I and the Lord scrope hes be our several lettres appoyntit to keip the said daye at graitna kyrk, for taking and geving redress ; quhairfor I will effectuuslie desyre yow, with your kyn, freindis, and servandis, in maist substantious and warlyke maner, to be in the toun of annand be aucht houris befoir nowne for keeping of the said daye of merche, according to my Lord regentis grace command ; and that ye cum with sic strenth as ye may, becaus (as I am informit) england menis to be veray stark. This nocht doutting that ye will do the same, as ye tendir the honour of 1 Yule. 2 Before then. ' Sic in original, ? Lord Hunsdon. * March, or Border. COEEESPONDENCE OP SIE PATEICK WAUS. 185 the realme and commonweill of this cuntre. Off Lochmaben castell, the penult of august 1578.^ — Your assurit freind, Jhon L maxwell. To the rycht honorable the Laird of barnbarroch. Letter signed Pennyglen,^ 6th September 1578. My lord, efter my hartlie conimendatioun, forsomeikle that I am informit that hew of barquhone is riddin in galloway to the effect to contract his sone in marage with your dochter,^ with the quhilk, me lord, I wald wyss your Q.) wer weill aduysit thair- with ; for I wald nocht wit your (1) to be ony wayis in faut, in respect of the bluid bayth of your (1) self, and your wyfis : for I am informit he will contract heritage, as he allegis to be sure, quhilk your (1) at lenth will nocht find, as I sail declair and lat your (1) ken ane certentie at meting, farther, me lord, your (1) sail nocht beleif that I vryt this aduertysment to yow for ony particular inyy betuix hew and me, bot onlie for the luif and fauouf I beir to your (1), as ye sail assuritlie knaw at meting of thingis of gret consiqwenss, bayth schamefjill and odius. referring the rest to your (1) aduertysment. of kyllochand, saxt day of this instant, be your (1). kynsman To be commandit at all pouer, with my hartlie comnjendationis to your (1) bedfallow, my ant* pennyglen. [The address is torn off.] [Barnbarroch now betroths another daughter, Grissell, to John, eldest son of Hew Kennedy of Barwhanny. This Hew was a brother of Gilbert, third Earl of CassiUis, and second cousin to Sir Patrick. He was also uncle to Sir Patrick's second wife, ' This date should be 1 575. It is indistinct in the original. ° Pennyglen was probably a Kennedy. The field of Pennyglen, in tbe parish of Maybole, where there was a fight between the Kennedys of Cassillis and Bargany, is mentioned in the " Description of Carrick," by Mr William Aberorummie. ' The marriage contract between John, son of Hew Kennedy of Barwhanny, and Sir Patrick's daughter Grissel, is dated 9th September 1578. * If she was his aunt he must have been a son of the Earl of Cassillis or of Sir Thomas Kennedy, her brothers, or of Lady Orkney, her sister. 186 COKEESPONDENOB OF SIR PATEICK WAUS. whom he married in 1573. This Grissel was not the third daughter, for, in a subsequent contract, Janet is called his third daughter ; she was probably the second of the first marriage, in which case she might possibly be fifteen years old, for the marriage was to be soleilmised in the following month. She was left a widow in a few years, and married, secondly, John M'Dowall of Logan, as appears by an obligation given by them on 16th May 1589, of which a summary is here given.] Marriage Contract between Geissell Waus and John Kennedy, 9th September 1578. At barnbarrache the nynt day of September in the yeir of god j™ v" Ix auchtene yeiris It is appointit, concordit, finalie endit and aggreit, betuix the rycht honorabill Mr Patrik Waus of Barnbarrache and Grissell Waus his lauchtfull dochtir, accept- and and taikand the burding in and vpone him for hir, promitt- and ferme and stabUl for hir, on the ane part, and Hew Kennedy of Barquhony and Johne Kennedy his sone and appeirand air, acceptand and taikand the burding in and vpone him on the vther pairt, in maner forme and effect as eftir foUowis. That is to say the said Johne sail godwiUing mary and to wyff tak the said Grissell, and compleit the band of matrimony with hir in face of haly kirk and Christis congregatioun, betuix the dayt heirof and the sext day of October nixtocum: and the said Hew sail infeft the saidis Johne and Grissell his spous, the langer levare of thame twa in coniunct feftment in hir virginitie, and the airis maiU lauchtfullie to be gottin betuix thame, quhilkis failzeing to returne to the said Hew and his airis male, etc. etc., in all and haill the foure merkland of Camquhart and foure merkland of Arechaisane of auld extent with the pertinentis lyand within the parpehin of LongcasteU and sherefdome of Wigtoun, to be haldin of our souerane lord the Kingis grace and his succes- souris superioris thairof be confirmatioun to be sped and rasit vpone the said Maister Patrikis and Hewis equaU expensis and chargeis, and saU warrand the samin fra aU wardis, coniunct feis, ladyis tercels, and vtheris inconuenientis quhatsumevir. COEKESPONDENCE OF SIR PATRICK WAUS. 187 Eeserwand the mvlturis thairof and Knaifischip to the said Hewis myln of Lytill areis during thair lyftimes conforme to vse and wont : and sail gif thame with the saidis landis of Camqu- hart and Arechaissane four sufficient drawand oxin, fourty bollis of aittis, and four bollis of beir, with the haill stray that growis on the four merkland of the Camquhart, or ellis the foirsaid four merkland of the Camquhart maid reid to the happar ^ in place of the stray. And the said Hew sail warrand the saidis landis to be worth be yeir threscoyr bollis wictuall and twenty pundis of siluer during thair lyftimes : and als the said Hew sail relief the wodsettis presentlie thairvpone. To witt etc., etc. And the said Hew sail gif in claussis of varrandice to the saidis Johne and Grissell sasing and infeftment in the ten merkland of Bar- quhony for tuenty bollis of meUl in case the saidis landis of Camquhart and Arechassane be nocht worth threscoyr bollis of wictuall and tuenty pundis of silver, and the oxin and seid sail remane. with the landis of Camquhart during thair lyftimes. Provyding alwais that the saidis Johne and Grissell sail na in- tromissioun with the landis of Camquhart and Arechaissane for the space of thre yeiris nixt eftir the dayt heirof, except only twenty bollis of meiU yeirHe to be tane up be the saidis Johne and Grissell in ony place quhair the said Hew will appoint thame odir in Galloway or Carrik to furneis thameselfis claythis. Mairattour it is aggreit betuix the saidis parteis that gif the said Hew plesis to sustene the saidis Johne and Grissell, their barnis, seruandis, and hors, in meit and drink eftir the ische of yeiris, that he sail haif the haill proffitis of Arechassane and tuenty pvundis ; and the saidis Johne and Grissell to haif the intromissioun of Cumquhart to sustene thame claythis and purssis onlie. ffordar [the father to infeft his son in all his lands, reserving his own liferent, and usual formal clauses]. In witnes of the quhilk thing bayth the saidis parteis hes subscriuit this present appointment with thair handis as followis, day yeir and place foirsaidis, befoir thir witnessis, Maister WiUiam M'Gavine commissar of Wigtoune, Sir Harbert Andirsone vicar of Kultoun, ' Happer, a vessel made of straw, for canying grain to the sower. Therefore, "made reid to the happer,'' prepared for sowing. 188 CORRESPONDENCE OF SIR PATRICK WAUS. notar publict, and Paull Dunbar, with vtheris diuerssis. (Sic subscribitur) Mr Patrick Waus off Barnbarrache wyth my hand. Hew Kennedy of Barquhone wyth my hand, John Kennedy with my hand. Obligation by G-rissell Waus, and John M'Dowell, and George Campbell, 16th May 1589. Obligation by Grissell Waus relict of the late John Kennedy of Barquhone, Johne M'Dowell of Logan her future spouse for his interest, and George Campbell in Logan, each of them and the said George as taking burden for the said John, binding themselves, notwithstanding any exonerations in the contract of marriage between Sir Patrick Waus of Barnbarache Knight and the said Grissell on one part, and the said John and George on the other, of this date, to pay all small debts, etc., due by the said late John Kennedy to an amount not exceeding 200 merks, and shall warrant his executors to that extent, because the above Sir Patrick is obliged, as tutor to WiUiam Kennedy son and heir of the said John, to give to the said Grissell a sufficient discharge of her intromissions ; And farther the said parties bind themselves to deliver to the said WilUam Kennedy all heirship goods intromitted with by them. With clause of registration. Dated at Maybole 16th May 1589. John Kennedy of Balterssane, John Baird of Kilquhonye, John M'Quorne minister at Stratoun and James Eos in Maybole, witnesses. (Signed) Johne M'Dowell of Logane The other two sign by the hand of Gilbert Eos notary. Letter from Lord Eobert Stewart, Commendator of Whit- horn, to the Laird oj Barnbarroch, 30th September 1578. My Lord, Efter maist hartlie commendation, Haffand opor- tunety of this berar, I thogth guid to remember your Lo that, vitht the advyss of my Lord presedent, our summondis suld be COERESPONDENCE OF SIR PATRICK WAUS. 189 Taisit against the xx4 of October, to heir and se the decreit givin in the action of quhitthem, quhilk hes sa lang dependit ; ther- fore guid it vere that ether your selfe, or sum vder traist freind qiiha fauoris our action, suld be in edinbrugtht befor the said day. best it Tere that our traist freind master Robert Stewart, brother germaiue to the Lard of minto, sail be imploit in this action^ in respect that he vas at the begining of the sam, and can informe the darkis and men of law of the haill matter as it standis ; therfore I viU desyr your Lo that ye vill furneis him of samekill as ye sail think meit for that pnrpois, and quhat that ye bestow apon him and that causs ye sail be alss suir of peement as ye sail devyss. and gif my opinion had bene fol- lowit the matter had taia an end or now. Te vatt quhat I meaiie. nocht villing to truble yow vitht prolixit Letter, but refferis credit to the berar ; committing your Lo to the protec- tion of god. from glaskow, the last day of September. — Your Lo assurit freiad, Eobert commendator of quhitthem. To his traist freind Laird of Bambarrach. Letter from Sir JOKs Stewart of Minto to the Laird of Baenbareoch, 28th October 1578. My lord, efter maist hartlie commendatioun, I haif spokin wyth willam steward, quha schawls me that he hes spokin wyth your L in carrik, and he maid me to onderstand that your L had apuntit him to meit your L in edinbrucht the xviii daye of October, and thair to resaif ane hundryth merkis, and me to send yow ane acquittans of ane hundryth pundis, quhilk I did. And now I can nocht be the wyisar of his ansur, for I haif send xiiij tymis for rasaiiig of that hundryth merkis, and at euere tyme I rasaif ane sindiy ansur of him, quhilk ansur I am assurit your L hes newir (gevih) to him, for I knaw yow to occupy the parte of ane man of honour. Quhairfor I haif send this berax to knaw your forthir mynd In wryit, quhat I sail lippin to. forthir I wil be mere^ wyth your L. thair wes anis* ane man, 1 Meity. ' Ofice. 190 CORRESPONDENCE OF SIR PATRICK WAUS. and he cum and askit almus^ at ane bischop, and lie dissyirit the bischop to geif him a plak, or a penny; and he wald geif him nayne, and syne the puir man dissyirit him, geif he wald geif him na mair, to geif him his blissing, and swa the bischop tuik up his hand, and gaif his blissing, the puir man ansurit and said he wald nocht haif It, for geif It had bein worth a plak, or a penny, he wald nocht haif gottin It. And sua, my lord, geif I can haif na mair of yowr L, I man praye your L that I ma haif the namis of the occupyaris of the Land, and that maister Johne, and sic wthiris as I will appoint, ma haif inspek- tioun of my awidens, quhair apon I ma forme ane Hbell apon the tenentis ; for I purpois to persew tham sen the dait of my sessing quhill my disposetioun of the sam to yow. And this I dout nocht bot ye will do, becaus It will nodor tak plak nor penny furth of your purs ; and I assuir your L my cousing sal nowdir cummir carrik nor galloway agayne In my bessynes. I dout nocht bot your L will send me ane ansur wyth this berar, and thairefter your L sail nocht be forther trublit agayne with me, bot as the Law wil permit ; and god haif your L in his keiping. of glesgo, this xxviij of October, 1578. be youris at power Johne steward mynto knycht. To my waraye gud Lord, the lard off barinbarroch. Letter from Katherine Stewart, Lady G-arlies, probably October 1578. Me Lord, eftir hartlie commendatioune, forsamekle as Mr robert steward hes beyn at me, schawand me that he is to pas to edinburt to fortefie the pley of quhitthorne, and hes beyn suttand silvyr on me and my lord ; ye knaw I haif lettlie dely- uerit sum silvir to- your (1), quhairffoir I am nocht veill boddin^- at this present, bot gif it var your pleser to gif the foirte pundis to Mr robert to help the mater, sen your (1) is not able to travell ' Alms. ' Bodin, provided. CORRESPONDENCE OF SIR PATRICK WATTS. 191 your self, quhilk I am verray sorie^ foir. Sua nocht haiffing ferther occation, bot committis your (1) to god. from the clarie this settirday. — Youris at hyr vter power, Dame katheme Stewart lady garleiss. [The address is cut off.] Letter by Sir Patrick "Waus to his Brother, Mr Egbert Stewart, Burgess of Whithorn, 2d November 1578. Brother, efter my hartlie commendationis, I haif resauit your lettre, Aud hes considerit the efifect thairof. And thinkis ye do very veill in traveling with my Lord of quhithorne,^ as ye do ; And douttis nocht bot, geif ye contenew in the sam, bot ye will bring that pley to end. seing my leg is sair now, thair is nana to travell with my Lord in that causs bot only ye, And thairfoir ye man be the mair deligent quhiU the samen tak ane end. as anent the siluer ye wret for to my Lord, ye sell resaif ane wretting to my wyfe, quha wilbe this nixt tyesday god willing in ed'^. And sell nocht faill to delyuer fourte^ pund to my Lord and yow, as ye haif wrettin ; And geif I wer present my lord suld nocht want, quhat scheift that euir we mad; And wer nocht I haif sen away yeistirday to Dumfreice four scoir and ten pundis to pay for ane horss, quhilk is cumin out of ingland to me, I wald haif sen mair siluer to my lord nor he resaivis at this present, bot instantKe I can nocht better it. I will pray yow, geif ye get your decreit with yow, that ye wiU nocht faUl with all deligence that samen day to haist ane to me, for that is newis I wald be rycht glad of. And sell pay the boyis wage, the rest I refer to your wisdome, And god keip yow. And as anent my sair leg,* the samen^ is better nor ye left it, and aganis my lo[rdis uming bo] ^ the samen wilbe haiU aneuche ^ Sorry. ' Lord Robert Stewart, Commendator of Whithorn. ' See letter 17th June 1578, and the preceding letter. * In the Book of Sederunt is the following entry, under date 19th December 1578 : "Mr Patrick Vause of Barnbarroch excused because of the notoriety of the soreness and infirmitie of his legs. " ° Paper gone. 192 COBRESPONDENCE OF SIR PATRICK WAUS. god willing. (£from)e mayboill, the secund day of novembre, 1578. — Be Youris rycht assurit at all powar on the awll maner Barnbarrache. To my speciall brother maister robert Stewart^ burges of quhitterne. Letter from the Countess of Oassillis to her Daughter, Lady Baknbaeroch, 13th November 1578. Dochtir, eftir my maist hartlie commendationes, ye sail wit that James Kennadie Wes schawand me anent the grayth that ye suld by to me. And as for the velvet to be my clowik,^ ye sail by it of the velvett that is grundit with velvett, siclyk as my doubMtt and my skirt is, that ye ken I haif I would haif it of the! ffassone of that (v^ith ane small champ ^), and ye sail Lyn it "^^^ith coityngis ;* and as anent the furring of mertrix,^ I sail seild yow word with yoWr gudman quhat I will do anent that. And as foi* my braislattis,® ye sail gar mak thame with ane Lok, tod mak thame playne. And as for my taiblatt,' ye sail gar mak it of the best fassone ye can speir, and se that thair be ane just dyackle ^ in it. James Kennadie Wes schawand me ye suld haif gevin thre pundis for ahe peirle ; I will get ane peirle bettir (ihaip at hayme. And for my wylecoit^ of furring, I pray yow haif it to tae alss sohe as ye may. And wryt to me quhat ye geif for It. and ye sail gar piit In fyne muist in to my tablatt. I ordanit to haif send yow silver, bot I can send yow nayne t[uhill ye wryt to me quhat every thing will coist, as I ordanit yow to do. And I wauld ye gart waile me ane Laycht ^^ bed, lyk the be(d that I wes speikand to yow of, for I 1 Is tliis tlie brother-german to the Laird of Minto, named in Lord Robert Stewart's letter of 30th September 1578 1 " Cloak. ' Pattern. * Rabbits. ' Marten. ' Bracelets. ' Apron. 8 Meaning not known. ' Petticoat. '" Low. CORRESPONDENCE OF SIR PATRICK WAUS. 193 wes telland yow of the fassone of it, gif ye be ramemberit, quhen ye war heir. I can -wryt na ferder to yow anentis thir thingis quhill your nixt aduertissment. As for yowr gud man, he mendis weill, and is at ane gud estait. send me ane memo- rial! quhat everything coistis, that I may send yow the siluer, for I will send yow nayne quhiU ye send me new aduertissment agane ; and how sone I get your aduertissment I sail do thair- eftir. I wauld ye wrait to me gif I may get alss mony mer- trix as to Lyn ane gowne, and the pryce thairof. Eeferring all uthir thingis to new aduertissment, and swo committis yow to the protectioun of god. off mayboile, the xiij of november 1578. — Youris mother, Margaret, C of cassHis. farther sen the writting heirof I spak with James Kennedy, quha schew me ye saw ane skirt of the presidentis wyfis of stufe callit rammage, very propir and mekill usit; quhairfoir ye sail by my cloik of the samen, and that it be of the finest sort, and maist propir schamp ye can find, als geif thre libs for the bed, geif ye can haif it na bettir chaip, and I sail causs bring it hame my self. And as for the peirle to put vpone my taiblat, gif ye can get it for xLss or Lss^ tak it, vthirways nocht. As for all vthir thingis ye haif ado, do thairin eftir your awin discretioun, And send me ane memoriall of all thingis quhat thai coist, as is foirsaid ; and as to tak travell to se thame boycht, and put to thair awin vse ; 1 will put yow to thai painss, for I think it aneucht, and send me perfyt anser with this boy of all thingis. To my dochtyr of Barinbarraycht. [The writer of this letter was Margaret, widow of GUbert, third Earl of Cassillis, and daughter to Kennedy of Bargany.] Eeceipt by Sir John Stewart of Minto, 15th JSTovember 1578. I, Johne Steward of mynto knycht be the tenor heirof grantis ' Forty shillings or fifty shillings, N 194 COBEESPONDENCE OF SIR PATRICK WAUS. me to haif rasauit fra the handis and deliuerans of ane honor- able man, master patrik waus of barnbarrauche, ane of the senatoTiris of our soweran Lordis sessioun, the sowm of ane hundrycht pundis, gud and wswal mony of this realm. In part of payment of ane gritter sowm, conform to ane contrak maid betuix the said maister patrik and me of the daittis at edin- brucht and daildowe the xxviii of Januar Lxxiiij, as at mair lentht is contenit wythin the said contrak. QuhUk sowm of ane hundryth pundis mony forsaid suld nocht haif beyne payit to me be the said master patrik, quhill the end of the pie of quhithorne betuix Lord robert steward and william flemyng and forte dayis thairefter. Quhilk sowm of ane hundryth pundis rasauit be me In maner foirsaid I grant me weil content and payit, and dischargis the said maister patrik, his airis, execu- touris, and assingnais, be this my hand wryit, subscriuit wyth my hand at daildowe, the xv daye of nowymber 1578, befoir thir witnes, wiUiam steward, archebald woddrip, mathew fishar, wyth wtheris diuersis, Johne Steward of Endorsed Mynto knycht. The layrde of myntois acqtance 1574. [The following letter is by Sir Thomas Lyon of Auldbar, the Master of Glammis, who is famous for having said to James VI. at the time of the Eaid of Euthven (22d August 1582), " Better bairns weep nor bearded men." After being banished, he was restored to favour in 1585, and made High Treasurer of Scotland ; and at his death, about 1595, King James VI. said that the boldest and hardiest man in his dominions was dead. His brother, Lord Glammis, was Chancellor of Scotland, and brother- in-law to the Earl of CassiUis ; and from December 1576 till his death, on 17th March 1577-8, was tutor of CassUlis. This letter may refer to the transactions of 28th October and 5th November 1574 — see antea, pp. 91, 92.] Letter from Thomas Lyon of Baldowkie to the Laird of Barnbareoch, 11th December 1578. My Lord, eftir my veray hartly commendatioun, I haif COKKESPONDENCE OF SIR PATRICK WAUS. 195 ressauit yowr lettre, desjoring me in my vmquhile brother place to deliver^ yow sum silver and sylver veschell, randerit to my vmquhill brother,^ and James arbuthnet in his name, I haif spokin James Arbuthnet thairanent, quha hes schawin to me that your (L) ressauit the takkis of sum rowmes in gailoway fra my Lord for the same, quha haid thair ryght to dispone the samyn.2 Notheles I mynd to send for James Arbuthnot, and sail knaw ferther thairin. As also I man lat your L onderstand that nather the silver veschell, nor silver, come neuir in my handis, bot vthirwayes wes alterit befor my lord, my vmquhile brotheris, departing.^ Notheles I send for James arbuthnet, quha knawis the secreit thairof. I salbe willing to do your L in thim thiugis, as becumis me, to your L ressonabill content- ment, and sua nocht willing to cummer your L at this present with langer lettre, I commit your L to god. off Dunglass, this xi of Decembir, 1578. — Be youris Lo at powar Thomas lyonn off badowkey.* To the rycht honorabill My Lord of barnberrotht. Letter from Sir John Stewart of Minto to the Laied of Baenbaekoch, 12th December 1578. My lord, eftir maist hartlie commendatioune, I haif rasauit your L lettir daittit at edinbrucht the xxvi of nowymber, quhair your L dissyiris to knaw and wnderstand quha wes the speikaris to me that I had doun ewil that sauld my landis to yow for half nocht, and mycht haif gottin the awaUl of tham fra wtheris my fryndis, my lord, as to that, ye mister nocht now to cair quhat thai speik, for ye ar past that danger. I think ewUl ene ^ waye to mwf ® your L to angir, or to saw dispice betuix yow and your nychtbouris. I wrait to yow afoir, and schew that thai suld 1 Lord Glammis. " As tutor of Cassillis. ' On 17tli March 1577-8. * Baldowkie. As this is written, the loop of the d is drawn over the a, so as to serve also as a mark of contraction for n, and that is often substituted for I. ' Any. ^ Move. 196 CORRESPONDENCE OV SIR PATRICK WAUS. half beyn baith your freynd and myne, geif thai suld ramember ane kindnes. I heir that the mater hes mowit be willam gor- doun and the gud man of bawcleye, hot al this is na mater, quhat rek of the saying of it ? It is not spokin to me, bot It is spokin to ane freynd of myne quha hes declarit me the sam. as to the pleser that ye wald knaw, now ye mister na thing that I can dow to yow, for aU dangeris is past. I assure yow and I fynd your freyndschip constant towartis me, I sal schaw yow al the pleseir that I dow, and sal nocht cair the spekin of maister Johne dowglas, the gudman of balcleye, willam gordoun nor the Lard of garles himself. I will nocht condissend at this time mair speciaUe, bot ye will knaw forther efterwartis. In that and al wthir thingis that I ma pleseir yow wyth all. as to the libelling of my summondis aganis the tenentis, suppois I gat ane commissioun to the prioris balyeis, yit the summondis man be libellit be master Johne,^ for he knawis the ordir best quhow thai thingis man be usit, quhairto your help and supple is mekil requirit ; for the mater will redound to yowr profeit als weill to myne at lenth ; quhairfor now I haif writing to master Johne ^ to mak the forme of the libeU be your L awyis, now quhen ye ar thair present, and hes the awidens to lat him awyis wyth ; for I purpos to begin In Januar. my commissioun is direk to the young Lard of garles and his deputis. I am al redde throuch with al thingis, sua the forme of the libell wer maid redde, quhilk I praye your L stand freynd to. quhat sal I wryit forthir ? I onderstand and the silver wor payit that is borrowit fra yow, I trow ye sail fynd litill fryindschip forther. keip this to your self, and as I fynd fryinschip wyth yow ye sal be assurit of me, and al that I ma procuir to your honour and profeit. In your last lettir ye dissyirit me to send agayne wythin xx dayis, and my siluer suld be redde to geif me ; and now according to the dissyir of your awin lettir I haif send this berar to knaw geif the sam be In radynes to geif me wyth freyndschip and pleseir ; and geif It be nocht redde, I knaw the worst, send me your anser. Quhair your L writes that ye ar bot restand awand me thre hundryth merkis, trewlie geif ye be nocht awand ' Mr J. Sharpe. COKEESPONDENCE OF SIR PATRICK WAUS.. 197 me thre hundryth pundis, I am far in the wrang to yow, for I haif newir gewin yow ane acquittans at ene ^ tyme, bot I half the dowble of the sam, and I haif allowit to yow for apUbe ane hundryth pundis for the payment of ane hundryth merkis ; and siclyik now ane acq[uittans of ane hundryth pundis for the pay- ment of ane himdryth merkis, the decreit being past of befoir ; I wait ^ nocht geif ye will apon your consiens tak it ; alwais it salbe in your will, now ye can nocht diffar me Langer of my oxin ye promisit to me ; thairfoir I praye your L send your aduertisment, that I may haif my oxin, and my siluer, deliuerit to me, or ellis I man think that ye schaw me na freyndschip, nor dois nocht your awin honour, for ye can nocht apon reson dryff me of^ na Langer, for In this I ma weOl knaw your freyndschip. I wil nocht truble your (L) forther. committis yow to god. ffrom daildowe, this xij of december, 1578. — be your L to be commandit. Johne off mynto knycht. To my waraye gud Lord the Lard of barnbarraucht deliuer this. Letter from William Stewart to the Laird of Barnbaeroch, 30th December 1578. My lord, efter maist hartlie commendatioun and seruice, your lordship dissirat me to aduertis yow wyith Sir hew kenydy* quhidder ye suld prowyd for the siluer or nocht. my consell is that your lordschip sail prowyid for the siluer, for quhow ewir it be, the siluer wiU ewir serf for the set. I assuir your lord- schip geif the siluer be nocht tayne fra yow. It wil be tayne fra ane wthir, and that rycht schortlie. I praye your lordschip to haif the hors in radines aganis my cummyng, for he wes con- tendant wyth me that I come hame but^ tham, considderand quhow I had spokin of befoir in your namyn ; for he will send ' Any. " Wot. ' Delay, put me off. * Of Girvan Mains. ° Without. 198 COKRESPONDENCE OF SIR PATRICK WAUS. for tham wythin viii dayis. and god he your lordschipis kiper of glesgo, this pennult of december, 1578. he your lordschipis to he commandit wyth seruice William Steward.^ To the rycht honorable the lard of barrot. Letter from Sir John Stewart of Minto to the Laied of Barnbarroch, 2d January 1578-9. My lord, eftir your awin dissyir I half send this berar. I thank your 1 of your gud -will, and your ansur gewin to the lard of craige. trewle It mowit newir be my gud son/ bot I knaw wthiris his fryndis, as I wrait to yow of befoir, wald fayn haif had the rowm that ye haif now ; and becaus thai culd not fynd that moyen, nodir by my awin son * nor na wthir, thai can nocht wit quhat waye to rewenge tham on me. as to that contrak that he wald craif me for, trewle be syid the payment of sax hun- dryth merkis al iu dowble ducattis, I purchessit to him the geft of the fjdf pund land of owir moniktoun, quhilk John hammil- toun of bodwthart had in few of the abbot of pasle, quhilk payis yeirlie Lxxxii boUis of beir, and xx punds of siluer. and thair is na thing now to keip him fra It, bot onlie ane wyfis Lyifrent of Lxxv yeris ; and geif this ma nocht satisfye for the rest of xi hundryth merkis, ye sail knaw eftirwartis. yit I wyit nocht himself, bot I wyit wtheris, that haddis the mater nodir for your weOl nor myne, bot wyth godis graice we sail deffye the worst. I praye yow faile nocht to send my son ane hors, geif ye be auchand him one, for It wil awail you twyis als mekill eftirwartis, as I sail Lat yow onderstand at mair lenthe. I dar nocht wryit al my mynd wyth na boddy, bot ye salbe suir I sal aduertis yow of the skayth at quhat tyme I sail persaif the sam appear ; and geif one * thing appear forther, I sail send ane to yow wyth diligens, and this I assuir yow. I haif send yow ane ^ Cousin referred to by Sir J. Stewart of Minto. " Stewart of Oastlemilk. ' The Prior of Blantyre. i Any. COERESPONDENCB OF SIR PATRICK WAUS. 199 acquittans of the hail contrak ; albeit It be nocht in gud forme, It is sufficient, yit it is sufficient, and geif it be nocht I saU mak It sufficient quhat tyme ye pleis to aduertis me. I praye yow send me your appointment quhat I sail do in my sum- mondis aganis the tenentis ; quhiddir I sail persew tham befor the seref, or geif I sail persew afoir my lordis bailye, becaus I onderstand garlis and he is nocht lyik to aggre. I am nocht certain quhilk is best, thairfor I dissyer your consell, for I trow ye will tell me trewth, be caus ye man pas that sam waye your- self, now at lynthe In gud fayth I luik for my oxin quhilk ye promisit, hot my son scornis me, and sais the gait is sa hard, that nedir his hors nor my oxin will dryf at this tyme, ye ma persaif geif thair be ane gud will borne towartis yow or me, hot yit we sail diffye tham owr to ane end, wyth godis graice. I will nocht truble your L forther quhil new occation, sua com- mittis yow to god. from DaHdowe, this secund of Januar, 1578. be your L awin at his powir Johne of mynto kn'. To my waraye gud lord the lard of barnbarrocht. Letter signed "Minto Younger " to the Laird oi Barnbaeroch, January 1588-9. Eftir hartle commendations vn to your (L), I heif bein faschius mair vn to your (L) nor I was wUling about my hors, quhilk your 1 deid promis vn to me, with the restis of the siluer ; and now in respect quhat I heif ado, I dout nocht hot your (L) saU be of mair willing'mynd to furthur ye same hors to me with this berer, gud and sufficient, of na les walor, hot rather mair nor your (L) condisionit, quhilk was of fourte poundis; quhilk fourte lb It will pleis yow to send me, geif your (L) be nocht sa prowydit of hors to that pryice, and as to farther, anent the hors of ane gretter walor, quhilk now I may craif conform to promis also at the end of the pley,^ quhairin your (L) enteris to ane ' The plea of Whithorn. See Discharge, 15th November 1578. 200 COKEESPONDENOE OF SIR PATEICK WAUS. matir of mair affect, quhilk I heif just cawse to Inwy, geif I gat nocht seik small condisionis keppit ; yit geif your (L) satisfyis this berer witli seik ane horse as was furst promist, or ellis the siluir conform, I sail nocht fasche your (L) mekiU till your (L) may find yow bettir apoyntit for the last ; and geif your (L) thinkis the siluir expedient to be send, the discharg of this berer sail be sufficient thairoff, and referis to his farther, and committis yow In the protection of god. from deldowe, the iv of this Instant Januar. — Your L to be commandit, Mynto Younger. Letter from the Bishop of Okkney to the Laied of Baenbaeeoch, 17th January 1578-9. My lord and bruther, Eftir all hartlie Eecommendatioun, be reassoun of your 11 suddane departure I could nocht haue the informatioun concerning the bissines betuix me and the Laird of blairquhane ^ at your 11 in to dew tyme afoir your departing. And sua now am constranit to send the samen to your 11 now. Praying your 11 hartlie that ye will cans ane of your servandis convene with ony of&ciar of armes, and vse conforme to this in- formatioun the saidis lettres. And send me his attestatioun thair- apoun. It hes done me (na) gude (in) the post positioun of the samen, Quhilk hes bene be my awin slewth, and to my skaith. Alwayis your 11 will for my fauour cans expeid the samyn. And cans the sam to be at me afoir the day That the said officiar appoyntis, Quhairby that I may keip fordwart the leave ^ of the ordours. And nocht be haldin and cassin bak as I haue bene. And quhair as your 11 or ony of youris hes ado command me all hamelie agane, and godwilling I sail baith acquite the fauour and chargeis that sallbe vsit for me in the like caus. And sa eftir that I haue my hartlie commendationis to my ladie your bedfaUow, togidder with my wiffis, hir antis, and my ladie tor- phichens, to your self and hir baith, I will commend yow and ' James Kennedy. 2 Remainder. COEKESPONDENOE OF SIR PATRICK WAUS. 201 hir, with your barnis, in the protection of god. Off halirudhous, this sevintene of Januar 1578.— Your hruther at powar, the bischop off orknay.^ And alsua prayis your 11 to send me the lettres with the informatioun of the Execution with the first your U sendis to this toun. To my verray gude Lord and bruther my Lord of barnebarro in galloway. Letter by Sir John Stewart of Minto to the Laird of Barnbarroch, 25th January 1678-9. I haif rasauit your L lettir daittit at Wigtoun the xi of Januar In the quhilk your L writes that ye merweU that I suld seik thre hundryth pundis, quhair thair is bot tua hundryth pundis awand me be yow. my lord as for ansur ye remembir the first 'contrak of barwarrnocht, and prestre beris the self the secund contrak of carltoun, the knock, beris be the self the last contrak of apUbe and the mill, quhilk ye causit me wyth mony fair wordis, and grit persuctionis, and sindry pro- mises maid to me, as your writingis will yit testyfe, that quhat sum ewir I peyit for It to my douehter ye suld satisfye the sam wyth awangtage to me for my traweU, as I sail ansur befoir god. It wes als dew to me as ix hundryth merkis ; and apon your promes and writing I aggret wyth yow for sic sowmis, as I wUl nocht specifye; quhUk sowm ye promisit be your lettir to deliuer to me wythowt forther faUl togidder, and desyirit me to caus forme ane contrak apon the sam, conforme to the formar contrak of carltoun and the knok, quhilk I did at your raquest ; and becaus thair wes contenit in the sam that thair suld be ane hundryth pundis on payit quhill the end of the pie, as the wthir contrakis beir afoir, nocht wyth standing your premisses yit ye maid me obstakle in (in) payment of that hundryth pundis. wH I wes content to forgeif yow the hundryth pundis for a bare hundryth merkis. als to the todir hundryth pundis, quhilk is 1 Adam Bothwell was Bishop of Orkney, 1562-1591. 202 CORRESPONDENCE OF SIR PATRICK WAUS. contenit in the contrak of carltoun, ye knaw yourself I rasauit bot an hundryth merkis for the sam, and that payit xv dyis efter the decret wes gewin. this ye knaw yourself, and geif ye knaw It nocht, I half the dowle ^ of (the) your dischairg, and al tymes, and forther your awin writing (writing) at ewere tyme commandis me to rasaif sa mekil siluer fra the berar, quhUk thing apon your honour ye will nocht deny, and I wuld nocht craf yow forther nor ye ar addettit to me for all that haill land, quhairfor prayis yow that ye wOl appoint me ane suir daye and plaic schortle, that I ma mak my compt wyth yow, and rasaif the rest of my siluer, and remembir apon your honour and promes. as to my sonis hors quhilk ye haif send him wyth wil- 1am steward, he is nocht content wyth him, and that willam steward wUl ken, and he ma. he sais raid newir on sic ane hors, for hais na raggit,^ and forther I wil nocht wryit. efter the commandis of your awin writing I haif send this berar (this berar) to rasaif my oxin, I wil send na bodde to wal ^ tham ; suppois wthir folkis be crabit, yit I wil still lippin in your honour and promes. I dessyir tham of your awin walins, fair and young, of fyif or sex yeir aldis,* an spilt,® and quhat I can do to your pleseir withowt fauw(ouris) salbe redde; and the lord be wyth yow. of daildowe, this xxv of Januar, 1578. — be your awin at his power, John of mynto knycht. To my waraye giid Lord the lard of barn- barrauche. Letter from The Justice-Clerk * to the Laird of Barnbarroch, 10th February 1578-9. Brother, eftir maist hartlie commendatioun, this present is to adverteis yow that the caus of bastardie betuix Johne Adair one 1 Double, i.e., copy. " Meaning not known. ' Choose. * The oxen were probably for draught. In these times few people have seen a five-year-old ox in Scotland. « ? Unspoiled. * Sir Lewis Bellenden succeeded Sir John as Justice-Clerk in 1578. COEEESPONDENCE OF SIE PATEICK WAUS. 203 that ane part, and allisone Dunbar ^ one the wthair, hes bene quicklie handled baith in the consistorie and sessioun thir twentie dayis lastbypast, as the berar can declair to yow at mair lenth. And I am informit that ye knaw sum part of the secreitis of the begining of the caus of bastardie moved be my father and the laird of mochrum againes Johne Adair and his spous, And speciallie of the proces inseirt in the sessone buike of wigtoun, and thairby may maist hinder or forder the caus. and in respect the tinsall of the said causs tendis to the greate hurte of my brether, mair nor of ony wther person, I will maist ernistKe requeist yow, baith for the gudwiU and frendschip that ye bear vnto my father, and for ony gudwiU or plesor that I am able to do to yow, that ye will schaw your frendschip to my brethir in this causs, And becaus the consistorie buike wes pro- duced befoir the commissioner of this toun out of your handis, and came up againe be your procurator (M) Johnne Scharp, that ye wuld send commissioun to the samen (M) Jo" to pro- duce the said buike befoir the lordis of counsall the xxi day of merche nixtocum, conforme to the lordis sumonis thairwpon, traisting assuredlie ye will do heiria in sik maner as your awin freindis and my brethir may find your kyndness and frendschip for my causs, and I may persaive that thai be the better of this my requeist, as knawis god, quhome with yow I committ to the mychtie protectioun of god. of Ed"" the tent of februar 1578 be youris. — ^Your L assurit brother, The Justice clerk. To his weilbelouit broder The laird of Barnebarro*. Endorsed on back Informatione for the pley of Mochrum and quhithorne. Letter from LoED Eobeet Stewaet, Commendator of Whithorn, to the Laied op Baenbaeeoch, 18th February 1578-9. My Lord, efter maist hartlie commendation, pleis your Lo I ^ Alison Dunbar was one of the heirs-portioners of Loch, and the Lady Droughtag. 204 COEEESPONDBNCE OF SIR PATRICK WAUS. half delyuerit your Letter to my Lord my onkill,^ quha hes accepit the same in verray guid part, and vill do thairin sa fan- as his Lo may ; and that for the getting forduart of our causs gif his Lo may knaw that it taik guid success as I dout nocht but it sail, in the meane tyme I pray yow aduertis me in vret vitht the berar of the matter that we left at our departing, and quhat ye haif done thairin, and quhow shown ^ that I sail visite yow, for I sail be redey upon your aduertisment. also aduertis me of the Lard of cadirs^ estate, gif he be convalescit or nocht. nocht vOling for to truble yow vitht prolixit Letter, but referris to your aduertisment vitht the berar, and sua for the present committis your Lo to god. from sanctandross, the xviij day of fabruar. — ^Your Lo assurit freind, Eobert commendator of quhitthern. [The address is cut off.] Letter from. Sir John Stewart of Minto to the Laird of Barnbarroch, February 1578-9. I haif resauit your writing, dessyiring me to cum to glesgo, or to sum plaice thair about, to that effek that ye mycht speik wyth me ; and In spessiell concerning ane reuertioun quhilk my lady morraye allegis to haif for the landis quhilkis I had in gallowaye ; and that the lard of loehtinwar wes at hir, seikand to by the sam. trewlie and scho sans (is)* one^ reuertioun of me, I am begyilit ; bot Indeid thair is obligatioun apon mair nor tua thowsand pundis, and I haif my writing agayn ; alwais ye ar als aible to do your tur(n) als the lard of loehtinwar or one^ wthir. my son wilbe in your contrar In sa far as he may ; he threipis that ye haif handillit him oncurtesle.^ as to me, I will not pleyn suppois I haif mater enewth. I sail cans ane be at yow the xxix of this instant monet, quha sail declair yow forther. In gud fayth I trawalit nocht furth of my awin 1 ? Earl of March. s Soon. 3 ? Cawdor. * Senses, smells out. « Any. e Uucourteously. COERESPONDENCE OF SIE PATRICK WA.US. 205 chammir this fyif monetis. forther, as I find gud handelling, ye , sal fyind fryndship agayn. be youris at power Johne of mynto. To my warraye gud lord the Lard of barnbarroch. Letter from Sir John Stewart of Minto to the Laied of Baenbareoch, 21st February 1578-9. I rasauit your Lettir furth of glesgo dissyiring me to cum and speik wyth jow, and bayth I wes in my bed, and for skantnes of paper I wrait to yow In best, and at the flicht. In gud fayth I haif had sic ane dolour in my leg and In my kne that I haif newir gayn furth of my chammir, bot geif It had beyn to the yaird, this xvii weilkis, quhilk mowis me to best this berar efter yow wyth forther discurs in the causs that ye dissyirit. as concernyng my lady morrais spekin, I can mak na ansur to It ; I newir yit maid yow ane Lesing wittinlie. the trewtht is this, my lord of morraye causit maister Johne wod dissyir ane writing of me, quhilk I deliuerit to him, and he deliuerit me ane wthir writing of my lordis, quhilk writing concernis ma nor me. geif my lady knew quhow far my lord of morraye and is bund,^ scho wald be mair quiet nor scho is. quhair scho sais that scho hes ane reuertioun apon of ane thowsand pund, trwle, as I remembir, my writing wor as towartis the sowm of foir thowsand - merkis or thairby, wyth sic clausis and restriktionis as will nocht be hid, and litill to my ladyis awantage. It is spokin of aid that a fuill ma geif a wyisman a conseU ; I think It gud that ye speak wyth my lady, and geif hir fair wordis, as ye haif enow to geif her and^ ye lyik, and tak lytil thocht of the keping of tham quhen ye haif spokin tham, and dissyir that sho will resaif your fawir and kyndnes, and nocht to put yow in cummir wyth your nychtbouris for that thing that ye haif tayn sa grit cost and trawill, and ye salbe als aible as (ane) wthir to do hir pleseir, her rycht and titill beand tryit ; this as I haif writing the fuiU to geif the wyisman ane consall. forther I wait nocht ^ And scho is bund ; or, wes and is bund. ' An, if. 206 COEKESPONDENCE OF SIR PATEICK WAUS. quhat alis my son, bot he is inwentand emaginyng al the wais he dow to mak yow cummir ; hot that sail nocht awail him, for he sal nocht immagin that thing to your hurt hot ye sal be aduer- tist. quhen your young stottis com to me thai wor ewill lyik, and he was waraye blyth, and said he had rathar half gewin ane hundryth pundis or I had speid bettir in my oxin nor he did in his hors ; I ansurit and said thai wor gud enewth, I wes content wyth tham, and na boddy had ado wyth tham bot my self, now Last of all I man dissyir yow to appoint me ane wuraye schort daye for payment of the rest of my siluer, and quhair I sal send and rasaif the sam, for be god It is nocht your part to haif drawin the tyme sa lang wyth me. I wil wryit na forthir. my gud son Johne Wallace^ wrait to my son, and schaw him that ye wor awand me fyif hundryth merkis, and that ye had schawin the sam to the Lard of craige,^ and geif he wald cum or send to yow betuiK and the xvi daye of Januar, ye suld keip It in your hand qulul that daye ; al thir thingis I man Lat you knaw, suppois thai be nocht waraye plesand to yow ; thairfor aduertis me quhair I sail (send) to, and quhen I sal rasaif my siluer, for In gud fath I think newir to send to yow efter. I pray yow geif this berar ane ansur, and the Lord be wyth yow. of daUdowe, this xxi of februar, 1578. — be your awin at al powir, Johne of mynto. To my waraye gud Lord the Lard of barn- barraucht. Letter from Loed Eobeet Stewaet, Commendator of Whithorn, to the Laird of Baenbaeeoch, 23d February 1578-9. My Lord, Eftir maist hartlie commendation, I did vrett to yow vitht the post^ of sanctandross sene my departing fra your Lo, and, becauss that I haif send my boy sum vder afieris, I thoycht neidfull to vrett this present vnto yow, praing your Lo maist effectuisly that ye vUl advertis me of the contentis of my ' The Laird of Craigie's name was John Wallace. " This is an early notice of a letter sent by post. COERESPONDENCE OF SIR PATRICK WA0S. 207 last Letter send to yow. also advertis me gif our matter lies beine advysit apon sen your Lo rysing of the session, quherby we parteis ar summond for to heare the interloquitor pronuncit, and quhat day we ar varnit vnto; and, gif ye think neidfull that I visit your Lo vitht diligence, advertis me vitht the berar, and I sail be redy apon your aduertisment. nooht viUing to truble yow vitht prolixit Letter, but for the present committis your L in to protection of god. from sanctandross the xx3 day of fabruar. — ^Your Lo assurit frend, Eobert commendatur of quhitthern. To my special guid freind Lard of barrnbarroch. Letter from Sir John Stewart of Minto to the Laird of Barnbarroch, 1st March 1578-9. I haif rasauit your wthir lettir, schowand that I had writing to yow that my lord of morroye had ane writing of myne apon the sowm of mair nor tua thowsand pund, and I haif ane writing of his ; al is trew. I lukit nocht for your tare,^ bot that ye suld haif riddin to sterling as ye wrait ; and I haif send ane seruand of my awin this sam daye wyth ane writing, quhilk wil mak yow the hail discurs of all at lynthe. quhair ye rapref^ me that I wald newir at no tyme mak yow aduertisment nodir be word nor wryit of the reuertioun or obligatioun gewin to my lord of moreye. In deid It is trew the forder that ewir I wrait to yow wes quhen ye schaw me be willam Steward that my lady morraye allegit hir to haif ane reuertioun ; my anser wes quhen scho schaw it I suld geif ane anser, and sua I sail yit ; I will rafuis na thing that I haif promisit. as to your payment maid to me, trwle I wU deny na thing that ewir ye haif gewin me, and salbe found als trew as ane wthir man. as to our contrakis. It is grit reson that ye do one that ye m(aun) be the Law to get the sam fulfiUit, for I sal newir be against It, bot salbe content wyth the sam. forthir refaris to your anser furth 1 Tarry, delay. " Reprove. 208 CORRESPONDENCE OF SIR PATRICK WAUS. of Stirling agayn. I wil nocht truble yow forther, bot committis yow to god. — be youris, John of mynto. To my warreye gud Lord the Lard of Barnbarrauche. Letter from Sir John Stewart of Minto to the Laird of Barnbarroch, 6th March 1578-9. I haif rasauit your lettir, and ma nocht weill mak ansur to euere heid becaus of my infirmete ; quhairfor I haif gewin this berar the mair ado. I wil dissyir yow according to your promes to deliuer the rest of my siluer to this berar; and trewlie I sail fulfill al thingis promisit to yow, and sail nocht faile in na thing wyth godis graice. And wtherwais I wil wryit playnle to yow ; I will trawell for my self, for the Law, as ye wryit, will serf yow ; and than ye can nocht pleynye.^ this berar will schaw yow forther, quhilk I assuir salbe, and is, trew. I will nocht trubill yow wyth langer lettir, sa com- mittis yow to god. ffrom daildowe, this friday the 6 of merche, 1578. be youris at powir Johne of mynto kny*. To the Eycht honorable the Laird of barnbarrauch. Letter by J. Johnston to the Laird of Barnbarroch, 5th April 1579. Me Lord, efter me verrie hartle commendatioune, the occa- siouu of my writin to your L at this present Is tuiching one naig, quhilk perteinit my freind hobbe Jonston of galloway, with 'his clois, his purss, and his testament writtin, and within the samen, his suord and quhing(er), and siclyk wther geir as he had presentle at his departing, this present is affectiusle to deser your (L) cans rander this geir aperteining him to this ' Complain. CORRESPONDENCE OF SIR PATRICK WAUS. 209 Beirar, and deseris that your (L) will put sameikle in -writtin as your (L) caussis deliuer him, that I may haiff (insp)ec- tioun off the samen, and this I dubt nocht Bot your (L) will do, as my speciall traist is in yow, and as I salbe Eeddy to do your (L) the lyk plesser, geiff euer your (L) pleis to charge. Sua levin to truble your (L) with langer letter at this present, Biddis your (L) maist hartle fairwelL off the Loehewoid, the fyft of appryll instant, 1579. — ^Be youris (L) assurit freind, J. Jhonston.^ To the rycht honorable and his verie asurit guid Lord the Laird of barn- baroch the kingis Lord of the sessioun. Letter from Lord Robert Stewaet, Commendator of Whithorn, to the Laird of Barnbareoch, 9th April 1579. My Lord, Efter maist hartly commendation, I dowt nocht but M Jonhe sharpe hes vretin to yow the maner of the pro- nunciation of the interloquitorie, quhilk vas pronuncit the xxix day of merch bypast, and quhat we haif gottin for our part, but his purpois vas for to gevin in ane eik that day, for to haif staid the pronunciation, for he fearit the curt, and our partei aduersar, as he did at the makin of your Lettir, quhilk as he shew me contenit thre headis. but I haif resoluit him of that dout, and presently vill resolue your L therof, that in thriutht and veretei sik thing vas neuir meanit as vas tauld maister Jonhe, as ye sail vnderstand at your comming heir. I haif send Letteris to your L to causs summond vitnessis, and that for the improbation of villems portion, and the improbation of the instrument, but unprovand the ane, the odir sail nocht neid. the matter hes bein veray trubilsom vnto me sene ye past to galloway, but we haif brocht the matter as ye may se, thirfore I man desyre your L maist effectiusly for to travell herin ernestly, nocht only for my causs, or my weill, but for your ' John Johnston of that ilk. O 210 COKEESPONDENCE OF SlU. PATRICK WAUS. awin causs ; and lett yow nething fear quhat be spokin, for ye sail knaw tham to be falss leis, and inventit only for to causs vs seik delayes, as tbey haif soycht, and yit sal ; for iny Lord president hes him commendit to yow, and baid vrett his com- mendation vnto yow. now the veiU of our haill action standis in your handis, and I dout nocht but your L wi]l schaw your guid vill and fauour, as ye did befor. I ressauit ane Letter fra my vnkle, desyring me for to remember yow of ane galloway neig ; ye remember I spak your L befor, and your promes vas that, gif the interloquitorie past our vay, ye suld send the neig. therfor I man remember your L therof, and the tyme may cum shortly that their may be greter matteris amangis vs nor ane neig, and, gif ye pleis, send it vith the berar. aU vder thingis I refer to your comming againe, and sua for the present com- mittis your L into the protection of the Lord god. from edin- brugcht, the ix day of apryll. — Your L assurit freind, Eobert commendator of quhithern. To his special guid freind Laird of barrnbarrach. Letter from Sir J. Gordon of Lochinvar to the Laird of Barnbarroch, 14th April 1579. Eycht honorable Ser, eftir my hartly commendatioun, I re- sauit your wreting desyring me to send wp sum clairett wyne. I haif appoint] t to send yow sic as thair is, bot geif ye will cum downe, and keip Jurnay as ye haif wretin, ye sail haif ane drink of guid quhyt wyne, and than I dout nocht to gar yow pey for the double and safir^ to refresche my maisonis with — I heir say thair is sum thingis betuix my (1)^ and alex"^ gordoun ^ Safer — the reward given for the safe keeping and restoring anything that has heen lost, of which the following quotation from Spottiswood (p. 306) may serre as an example : " That days be kept, and such as shall he found to be robbed of their goods, be redressed to the double and with safer, according to the law of Marches. " ^ It is probable that the person here meant by my Lord (1 e. , of Cassillis) was Sir Thomas Kennedy of Colzean, the tutor of Cassillis. There was a feud of long CORRESPONDENCE OP SIR PATRICK WAUS. 211 my freind, quhilk I lyk nocht, bot wald that it wer wtherwayis wsit that thair wer na sic proceidingis. thairfoir it is meit to yow, that ar my lordis wyss freindis, to luik wpoun the best of it ; for as to me, my Q.) may nocht say that evir I owdir cun- sallit my freind, or fortefeit him be way of deid in this, bot wald haif wissit aU thingis that standis betuix his (1) and my freindis till haif tane ane guid effect, sua beand that I had knawin his (1) till haif done his dewtye to me wpoun the wther part; quhilk I allege his (1) hes nocht keipit as become of dewtie, consideran the band that is amang ws. nocht trubland yow langer on this, becauss I am certane your wisdome can consider the best, for occasionis may fall furth on sic wayis that ennjonan wilbe forcit to do for his awin at lenth ; quhilk I tak god to witnes I wald nocht for my awin part come to that fyne. refarrand the rest to meiting, committis yow to the pro- tectioun of almychtie god. from kenmor, the xiiii of aprile instant. — Youris assurit freind at powar, lochinwer. To the Eycht honorable and my trest freind The Laird of barnbaroch. Letter from Lord Euthven to the Laird of Barnbarroch, 20th April 1579. Bruther, eftir maist hairtlie commendatione, I ressaued your standing between him, Uclitred M'Dowall of GartUand, and Thomas Kennedy of Bargany, on one part ; and Sir John Gordon of Lochinvar, John Gordon of Barskeoch, and Alexander Gordon of Portencorkrie, his son, on the other part. Each party had been bound over in heavy penalties, in the usual manner, in October 1579, that the other party should be scathless of it to a given date, and that date had been prorogued from time to time. In the Segister of the Privy Council, vol. iii. , p. 317, under date 26th September 1580, there is a reference to a previous order to all these parties to appear on the 10th October, "to underly sic order as salbe impute to them for removing the variance and contraversie presentlie standing betwix thame. " The date of the conference is prorogued to the 1st December, and the bonds for mutual non-interference are renewed, to endure till "Whitsunday 1581. No settlement was then made, for we find the Privy Council, on 26th July 1582, ordering a renewal of the bonds, to endure till the following 1st December. Sir Patrick, as a friend and connection of Loch- invar, and brother-in-law of the tutor of Cassillis, might well be a mediator between them. 212 CORRESPONDENCE OF SIR PATRICK WAUS. lettre makand mentioun that ye ar aggreit with my servand frances home for ane pensioun of fourty pundis, quhilk he hes in galloway, and that ye stay to end with him quhill ye be sure of my gud will to get you ane ratificatioun of the kingis majestie upon the confirmatioun alreddy obtinit, and that becaus of his hienes revocatioun daylie of pensioun.^ Ye sail wit his g(race) revokis na confirmatiounis grantit be him upon pensionis gevin be kirkman to quhatsoever personis, bot only of pensionis gevin be him self of his thriddis. / Alwayis in caiss ye find nochtthis confirmatioun sufficient, ye may be assurit sa lang as I bruik my ofi&ce I sail ,get yow sic securitie as ye will think ressonable to be socht of the kingis majestie; Sua ye sail nocht neid to stay hothead your turne. Forther referris to meting, And comittis you to the pro- tectione of god. At Perth, the xx of Aprile, 1579. Your Lowying and assurit broder. Euthven. To his bruther the laird of barnbarroch Senator of our Soverane lordis College of Justice. Letter from Egbert Fleschee to the Laird of Barnbarroch, 26th May 1579. My Lord, eftir my maist hairtlie commendatioun of seruice, I ressauit your L lettir the xxv of this instant at nycht, and Im- mediatlie thairefter schew my Lady my maistres ^ the contentis thairof, desyring that It mycht stand with hir L pleser that your desyr tuiching the productioun of the Laird of myntois reuer- sione, for the aisiar following out of your (L) caus of warrandice agains him, mycht be fulfilUt ; Quhais anser wes that It neidit nocht to be exhibitit befoir the Lordis, in respect the nocht pro- ductioun thairof will nocht hinder your. (L) caus of warrandice, 1 On the 26th November 1578 the king, in council, had revoked all grants of pensions formerly given by him. — Beg. Privy Council, vol. iii., pp. 48, 49. ^ Lady Argyle. COKRESPONDENCE OF SIR PATRICK WAUS. 213 for hir L sayis tliat schoe is na foirther bound in the contract nor that It sail nocht hurt your L, And salhe as It haid neuer bene "in rerum natura;" and forther nor that hir la thinkis schoe can nocht do. Bot be godis graice I salbe in that town within tua or thrie dayis, and in the mainetyme sail preis to sie giff I can ony foirthir to my Lady to your L contentement. And thus, remitting the rest vnto That tyme, committis your L to the protectioun of almychtie god. frome stirveling, this xxvi of May, 1579. — Your (1) to command with Seruice, Eobert flescher. I maid your (1) hairtHe commendationis wnto my lord,^ my Lady,^ my Lady Muray hir dochter, the bischope of brechin, quha acceptit the samen in gud part. To the Eycht honorabill the Lard off barnebarroche ane of the Lordis of the Eangis maiesteis College of Justice. Endorsed in Sir Patrick Waus's handwriting — Ane misseff for Informatioune off my Lord off Morrayis pley. Letter from Lord Euthven to his Brother, the Laird of Baknbarroch, 28th May 1579. Broder, eftir hartUe commendationis, Wpon aduertisement send to me be my seruitor, Johne olyphant, that ye war desy- rouss to hef your horss sand to yow, in respect that ye ar to pass hame schortlie, I hef sand hym at this present to yow with the berar. And vald nocht retenit hym salang, war nocht he war sa evill like, and nathing mendit as yit ; beyng ane horss that hes bene dyetit, and refusis his meitt ; albeit the berar can declair It was for fait of na kyinde of fwid ^ that ony horss wald eitt. I vald hef bene veray Laytht to hef sand hym to yow sa aivill 1 Earl of Argyle. * Lady Argyle. ' Food. 214 CORKESPONDENCE OF SIR PATRICK WAUS. like, -war nocht ye ar sa desirouss to hef hym, becauss of your ryding. I thank yow hertlie for the Len^ of hym, and quhen ye charge me in gretar materis ye sail fynd me na les reddy to satefye your requeist. Sua ceissing to truble yow with Langar lettir, committis yow to the protectioun of god. At Euthwen, this thursday, the xxviii of May, 1579. — Your Lovyng and assurit broder. Euthven. To his weilbeLovit Broder The Laird . of Barnbarrouch. Letter from Mr John Sharpe to the Laird oe Barnbarroch, 31st July 1579. My Lord, efter maist heartlie commendatione, haiffing the commoditie of the beraris returning, I thocht gude to aduertiss your (1) that your decreit is obtenit aganis the Laird of Mynto ; Lyikwayis vpone francos homeis persone. The new coUectour maid impediment, hot it avalit nocht. I sail cans Mr Johne extract the decreittis, and bring thame with hym at my cuming in the cuntrie, quhUk salbe god willing sasone as I can red me of my bessines heir, for I man be at hame agane about the end of the nixt moneth ; sua presentlie haiffing na vther occasione, efter my heartlie commendatione off seruice to my ladie, I com- mit yow bayth to the protectione off the everlasting, ffrom edinburcht, this last of Julij. — Be your (1) at his power to be commandit. Jo Schairpe. To my verrie gude lord My Lord off barnbarro ane off the senatouris off cure souerane Lordis coUedge of Justice. [There was a dispute as to the possession of the Castle, etc., ^ Lend, or loan. COBEESPONDENCE OF SIR PATRICK WAUS. 215 of Cruggleton between Margaret, Mistress of Ochiltree, and Lord Eobert Stewart, commendator of Whithorn. He was in possession, and was besieged in it, in the year 1569 (see antea, p. 61). There was a long pending action at law on the subject, and on the 20th January 1578-9, Mr John Douglas, Chamberlain of the Priory, was ordered by the Council to give up the castle and lands to the Mistress of Ochiltree under pain of 2000 merks. The penalty was incurred (see Priv^ Coun. Reg., 23d April ] 579), and she got another decree to be put in posses- sion by the 31st August, under a penalty of £1000. This seems to have been effective for a time, but she complains, on 6th April 1580, that in the previous December her servants were violently turned out by Lord Eobert, the Commendator, and the Laird of Garlies, his sons and servants, for which they were all put to the horn as rebels on the 9th of June 1580.] Letter from Loed Egbert Stewart, Commendator of Whithorn, to the Laied of Baenbaeeoch, 21st December (perhaps) 1579. My lord, Efter maist hartlie commendatioun, forsamekUl as the maistres of vchiltre desyrit your (1) to vret to me anentis the houss of crugilton, to let hir haif it rather nor maister robert, and that scho vald be content to geve the sowm ye vret to me ; gif your (1) plesis to tack the panis to speik with hir, I wUl be content to Lett hir haif it, as ye vret to me, apon ane hundert pundis ; and I haif send ane lettir formit to that effect vith ane blank Letter subscryvit to mak it mair formall vretin apon the bak, quhilk the berar vill Lett yow se. not dowting but your (1) vill forder this berar to get the silver, for I haif ado thervitht. remitting the rest to the berar, and sua committis your (1) to the protectioun of god. from Stirveling the xxf day of december. — Your (1) assurit freind, Eobert commendator of To the Eycht honorable quhithorne. and my speciaU traist freind my Lord of barrnbarrach. 216- COKRESPONDENCE OF SIR PATEICK WAUS. it vere guid that the summondis vere intendit, gif maister Jonh scharpe thoycht it meit. gif he vill not, I think my penson evill bestowit, and I sail get vtheris quha viU do it. Letter from Elizabeth Douglas ^ to the Laird of Baenbarroch, 23d January 1579-80. My Lord, eftir maist hartlie commendatioun of serwece, Pleiss your 1 to be rememberit of the speiking, quhilk was betuix your 1 and me, in this town of ane obligatioun that the Laird of minto haid of your (1) ; the quhilk I delyuerit to maister Johne scharp, quha requeistit your (1) for to be guid to me, and maid ane resignatioun baythe be your avyiss and his, and desyret me to get it subscry wit. The quhilk I did ; and maister Johne Scharp hes it withe your (1) obligatioun in keiping, and the dischairge also. I saU delyuer him at meting, quhilk salbe in edinburghe schortlie, god willing, and sail causs him wret to your (1) for this sam effect. And farder I am werie far addettit wnto your (L), ffor William Stewart schew me that your (L) hald sum siluer into your hand, baith for Mr Johne scharpis requeist, and my Weill ; The quhilk I pray your (L) for to retene quhUl your (L) speik withe Maister Johne scharp, quha will delyuer your (L) the obligatioun withe the dischairge thairof, and the resignatioun. Praying your (L) for to chairge me withe ony thing or serwece Lyand into my power, that I may perform, and it salbe done at your (L) command. Haifand na farder oceasioun to truble your (1) at this present, hot hes my hertly comendatioun of serwece to your (L) self, and to the lady ; And sa committis your (L) to the protection of the eternall god. ffrom glasgw, the xxviii day of Januar, 1579. — Be your (L) serwand to command at the vtermest of my power, Elyzabethe Douglass. To ane Ey' honorable and hir maist speciall The Laird of Barnbarroche. ' She was daughter to David, Earl of Angus, and second wife of Sir Alexander Stewart of Garlies. COERESrONIJENCE OF SIR PATRICK WAUS. 217 Letter from David Murray of Broughton to the Laird oe Barnbarroch, 26th August (?) 1579. My Lord, efter my hartlie commendatioun, It will pies I resauit anser of my letter to the tutor of cassillis, quha menis be ressone of his ryding that he could nocht gif adwysit anser to your (1) vreiting and mynd till your (I) cumming to May- boill, and thair he will gif yow ane adwysit anser, quhairinto I think he will be adwysit with your (1). Do thairinto as your (1) wisdom thinkis gude. I trest in the mein tyme alex"^ gor- doun wyf and seruandis will nocht (be) trublit nor stayit in scheiring of the come, farther It will pies your (1) ressone with the commisser for geiffing of decreit betuix Johnne carnis and me. Lewing to trubiU yow farther, committis your (1) to the protectioun of god. of brochtoun, the xxvi of this instant, 1579 Be youris at puar, Dauid muraye of Brochtoun. I will sen your letter and mynd to Sandris gordoun, that he may see your (1) gude will, laubouris, and mynd in this caus. Etc. To the Ey' hono" and his speciall gude eyme me lard of BaArnbarroch of our souerane sessioun Etc Etc. [The two following letters by the same are not dated.] Letter from David Murray of Broughton to the Laird of Barnbarroch (no date). My lord, efter me veary hartly commendatyon of serwice, this berar my seruand will nocht beleif bot he Is in danger be resone of the hornyng that he trubillit your (1) befor. And I praye your (1) to maik hyme vnderstand the danger, and quhow he sail releifi m' robart stewart^ And I heis ado. And quhan he cumis to your (1) I wald be aduertysit, that I mycht be at ' There seems to be an omission here — perhaps "the matter which." ' Mr Robert Stewart was chamberlain of the Priory of Whithorn. 218 COREESPONDENCE OF SIR PATRICK WAUS. your (1) to ; for wye ^ heis refarat our waryance to your (1). I knawe your (1) to be in gud heill in bodye, quhairof I (am) con- tent, and I trest in god ye will releif the deseis of the saule. I will declair this at meitying mair at leynth. till meityng wyth your (1) commitis your (1) to the protection of god. of brochton, the vi of this Instant, be your awin to be commandit, Dauid Muraye of Brochton. Letter from David Murray of Broughton to the Laird of Barnbarroch (no date). Eicht hono", my dewtie maist hartlie rememberit, I wes In- formeit ye war to wryte to me anent allex"^ cairneis homyng, to sie geve I wald keip promeis to yow anent his escheit and lyf- rent ; and becaus I mycht not stay, bot is forsit to tak wyge ^ wayage to ed', I thocht gvid. In caiss ye had wryttin to me thairanent In my absenss, to lave my anser to yow In wryte. Ser ye sail be assureit I will nocht lave ony thing I have promeist to yow wnfulfillit, and In special anent that mater of sande carneis quhatsaever I have promeist In ony sort to yow, and I dovt nocht bot your honour will constrane yow to do the lyke to me ; for ye promeist me the half of that blok ^ ye have gottin of sande carneis, befoir ye blokit with him ye promeist, and ye could agrie with him, I sould be halffand of the blok, as ye could agrie with him for his land ; and I assureit yow I was svir of mertoun, and of the laird of garleis, that thai wald do nathing with him by * me, and ba your promeiss I thocht he was mair svir of yow nor of ony of thame, wtherwyis I wald have maid my self svir by* ony of yow. arid now, ser, last of aU, that thing quhilk ye frielie promeist to me that ye wald get done at sande carneis hand, ye will nather geve him his awyn lettiris agane, nor yit geve tham to me, nevertheless of all the trubel and diligence I wseit to get thame for yow. and quhow- beit ye have his letter that he hes ressaveit thame fra yow, ye sail nocht want ane letter that I ressaveit fra yow ; geve thai may proffeit yow I am glaid. and, ser, at our last meitting In 1 Wye, we. " Meaning unknown. ' Bargain. * Without. CORRESPONDENCE OF SIR PATRICK WAUS. 219 the forrest I craveit of yow according to dewtie that ye wald be my freind, quhilk ye promeist befoir James m^cuUocht, lyke as I promeist ye suld have me to command as ane of your awyn ; and lykevyis I schew yow I had endit with sande carneis, and the wryteis was In my awyn hand, and I had nocht settillit him with my brother, and It was In my awyn quhidder I wald end with him, or nocht ; and ye direkit me to end with him. and send syne quhat courss hes bene luterprysit to my hurt I schew yow, and geve your serwand can do all turneis that con- cerneis yow of his awyn heid I merwelL alvyis, ser, I am as ane of your awyn, and ye will except the sam, and wse me freindfullie, as of dewtie ye sould ; and godvilling ye sail never have causs wtherwyiss to supect me, and ye bie nocht ane greittar wnfreind to me nor I Ivik for. and to conclude, ye sail be assurit godvilling ye sail ay be first to brak promeis to me, or ever I brak to yow for to be In ^ to yow, or ane promeis brekar, I dow nocht dowbill it ovt ^ yit will nocht mynt^ at the mater. Sua for the present committis yow in godis eternall protection, from brochton this setterday at nycht, youris ^ to my powar to command, Broc(hton). To the rycht honoU and his speciall the laird of barnbarroch geve. Eeceipt by Dame Annas Keith, Countess of Argyle, 20th April 1580. I dame annas keyth, countess of Argyll, grantis me to haif resauit ffrome ane rycht honorable, maister patrik wauss of bar- barrow, ane of the senatoris of the kingis maiesteis college of Justice, the sowme of four hundreth merkis money of this realme ; and that in part of payment of ane gretar sowme to be resauit be me frome hym, conforme to ane contract maid betuix ' Paper gone — 1 awing. ° Mynt at^ attempt. 220 COEEESPONDENOE OF SIE PATRICK WAUS. ws. In witness quhairof I haif subscriuit this my acquittance with my hand at edinbrucht, the xx day of ApriU, 1580. Annas keyth.^ Endorsed me ladye argillis acquitance of iiij" merkis and the acquitance of compleit payment Is registret In the bvikis of conseU. Letter from Lobd Eobeet Stewaet, Commendator of Whithorn, to the Laied 01' Barnbaeroch, 23d April 1580. My Loird, after maist hartlie commendatioun, I vrett to you of before of my hard handling in thir partis ; that I can get nothing to releive my creditoris, or yit to do my lefuU afifaris, ether of third or twa part, or yit of my awin cornis, quhUkis maister robert^ hes sauld and disponit, except twa hundert merkis of the cornis, quhilk is nothing in respect of the quantety and prycis of the contrei. I detenit thomas aikman vitht me sen my comming furtht of edinburght, quha suld haif had his tua hundert merkis at paiche ^ lest, and yit vas not dispurst quhill this day ; and by * that silver, quhilk thomas ressauit, I assure your (1) I ressauit not thir xxx vkis (weeks) but ane hundert merkis and xvii pundis monei; and seing that I am compellet to crawe ^ my awin be Law rather nor be freindship, I haif vritin to maister Jonh shairpe to haif his consell gif it be neidfull to maik ane sequestration or inhibition apon the haill twa part quhill I be satisfiet, ether be gettin of my awin or pro- ducing of sufficient dischargis. praing your (L) to remember maister Jonh apon my busines, and Lett baitht your advysiss tend to the furtherance of my iust and resonabill eauss. for seing that your (L) and he vere the speciall instrumentis to bring me to quyetnes in thir partis, quherby I might inioy * my awin vithout truble to ony, sua 1 dout not but ye wilbe pillaris 1 She was the eldest daughter of the Earl Marischal ; was married, February 16C2, to James, Earl of Murray, afterwards Regent ; and secondly to the Earl of Argyle. " Mr Robert Stewart, Chancellor of the Priory of Whithorn. ' Easter. ■• Beside. * Crave. « Enjoy. COEEESPONDENCE OF SIE PATEICK WAUS. 221 to laphauld me, albeit vtheris vald vislie my decay. I vill pray your (L) emestle to gef my servand information baitht concern- ing the sequestration, and alss anent the lettres of the four formes apon the threddis omittit, and supplus of the threscoir xix yeir ; becauss it is not pait to the collector, but is in the tenentis handis ; for vithout the chargis I vill get na pament of that yeir. sua luiking that your (L) freindship and myne sail continew sa far as ye may be Law, and that be your advyss and maister Jonhis I resawe na skayth, and likviss that ye will heist 1 this berar agane vitht diligence vitht baytht your infor- mationis, for the present comittis your (L) in to the protection of god. from vigton the xxiij day of apryll. — Your (L) assurit auld freind, Eobert commendator of quhithern. I haif send the decreit quhHk I gatt apon the thrid to maister Jonh, for vithout it we culd get na lettres. Sik newis as your (L) maid me participant I send them to your vyfe. To my Eycht traist freind Laird of barnbarracht. Letter from Dame Katheeine Stewaet, Lady Gaelies, to the Laied of Baenbaeeoch, 4th AprU 1580. My Lord, eftir my hartly commendatioun, forsamekill I merwell that ye persew me sa hardly be the law, in respect that I shew to your wyff quhat was my mynd towardis yow : and and yit, as oft befoir, I am content to end furthe my contrak with your L, ye keipand all heidis contenit thairin to me. Quhairfoir I will desyre you to contenew your hard pursuit of me be the law for ane xx dayis spaice, and I sail send furthe M"^ robert, and my sone robert, and the contract withe thame subscryvit for my part, and mak an end withe yow, for I desyre not to be cumirit with the law, geif I may wtherwayis do. I will desyre your L anser withe this berar quhat ye will do heirin. Sa I committ your L in the protexioun of god ^ Hasten. 222 COEEESPONDENCE OF SIE PATRICK WAUS. Almychtie. Frome the clairie ye xxiiii day of Apryl, be youris L assurit on the auld maner. Dame Katherein Stewart, Lady Gairleis elder. To ye richt honorabill my Lord of barnbarrach. [The two following letters by the same writer are not dated.] Letter from Dame Katheeine Stewart to the Laird op Barnbarroch. Me lord, eftir my verraye hartlie recommendatioun, forsame- kiU ye remembirit that we gait the last day of this instant moneth assignit to vss for probationn of our possessioun of the carse of penyghame, and our advocat hes villet vss to wss ^ lettres to that effect to summon vitness for to proof our posses- sioun. Ser, ye knaw veil quhov lang we half beyin in pesyable possessioun thairof, and I dovt nocht bot sum of your L ser- vandis knavis the samen, together with m' John prestoun elder and youngar, quhairfoir I pray your L avyss with m"^ Johne prestoun, lyk as I haif vrettin to him to cum and conffar with your L, to se gif we neid to causs oney in this cuntre to travell, or gif your L, or your L servandis, with m'' John preston, vald siriff ^ to testyffe the samen, together with m' James venniss dischargis,'quhilk we haif anew ^ of thame to weryfe that we haf payit our dewete to the said m'' James weniss. I vill lippen to your L to revU* this mater as your wisdom thinkis guid, and to adverteiss vss with this beirair quhat we sail do heirin ; for, me lord, it vareiss^ to vss to get witness thairout; your L knavis it will be cumyr* to vss to get men twae or thre out this feild ; alvayis I haife vrittin to M"^ John prestoun to wiss^ the lettres for summoning of vitness. Your L sail wit that we haif travellit with mr William gordoun^ for fulfilling of our pro- miss, that wes writtin be your L in Sant Johnis clachau,* 1 Use. " Serve. » Enough. * Eule. ° Wares, costs. « Trouble. ' He was tenant of Apilbe, part of the Whithorn lands. » Kirkcudbright. COEEESPONBENCE OF SIR PATKICK WAUS. 223 and gottin him to ane resonable stand, quliilk all freindis thinkis werray resonable ; bot, me lord, I trow thai saU resaif all thingis that posseble ve can do in evill part, and lyk as thai half doin in tymes bygane ; bot god be vitness quhiddyr we half offerit our freinlie dewetie to thame or nocht, lyk as your L sail knav at keipping of our nixt dyet befoir the lordis, for ve haf na wther vayin bot to syk the lavis,^ for we ar ay hardlyer and hardlyer socht at all extremety thay can, and with greit bost,^ quhHk I vill nocht fass^ your L with at this present. Sua referis the rest to your (L) visdom, and aduertesment with delygence ; arid the eternall god haf your L in his kepping. be your L at hyr vter povar, Dame Kathrein Stewart ladie garless. To the ryeht honorable and my werray guid lard of barbarrocht this be deliverit with dilygence. Letter from Dame Katheeine Stewaet to the Laied of Baenbaeroch. Eme, eftyr mest hartly commendation, forsamekill as my hwsband hes desyryit me be his first wrythin, and now in speciall be his lattyr wryttin with his servand Jhori dunbar, to thanke yow hartlye of the greitt aduis* and chargis ye haif tayin for him, quha beseikis god he may be able to recompence yow ; and now, ser, hes desyrit me In lyk maner to requeist yow ernistle to cum furthe to him ; for in guid faithe, giff he want you, he wHL breik his hart to be thair his leyin,^ and trewlye, Ser, I taike greit discomefort of your waycuming, for all men sayis to me that gif ye had hoippit oney guid in the cans ye wald nocht haif left it ; thairfoir, Ser, I wald desyir yow hartlie, gif euer I mycht do yow pleser, to tak the panis, as ye haif doun of befoir, as to ryd out agayin to my hwsband, for he hes derectit his serwan and freyind, Jhon dunbar, to await ^ Laws. * Menace. ' Fash, trouble. * Ado. ' His lane, i.e., alone. 224 CORRESPONDENCE OF SIR PATRICK WAUS. vpon yow, with wther aucht of his baronye men ; quhairfoir, ser, gif it war your pleser, ye neid nocht tak money^ of your awn with yow for thai soil enew await vpoun yow baithe in the guming^ furthe, and thair inlykmaner. forthar, ser, attour all thingis ye wilbe sua guid as to leif with me the morn in Wig- toun, quhait tym I refer to your aduertesment, and the beraris. haiffing na farthar occasioun at the present, bot beseikis god all freyindis war als content and trew to my husband as ye ar, for the speikin and braikin of sum men, quha wes anis ' freindis to me and my hwsband, brekis my hart, refering all vther thingis to our metying, and god preserue yow. frome the clarye, this wednsdaye. — Be youris at powar. Dame kathreyin Stewart ladye of garleis elder. To the rycht honorable and my speciall em the lard of barnbarocht. Letter from Mr Eobert Stewart to the Laird of Baenbaeroch, 10th February 1580. My loird, Efter maist humile commendation of seruice, this present selbe that I haue resauit your (1) letter fra your (1) serwand, dauid M^eidye,* desyring me to send your (1) vii or viii" merkis betwine and fasserne ewine,^ vtherwayis to charge the ladye garleis, me, and the tenentis, according to assumption ; quhilk I merwell that your (1) suld be sa schort, as to charge sa suddanlei, gif your (1) charges it will be werraye cummersum to yourself, quhairfoir I will desyir your (1) nocht to be sa sud- dane, and god willing, at the siluer that maybe be had, your (1) sail haue it send to yowr (1) betwene and fassinewin ;^ this I think best your (1) do. as tuhiching the reducing of the ladye garleis tak, I vnderstand the ladye hes writtin sum thing hirseli to, your (1) anentis that ; I can nocht think bot scho is aye willing to fulfill the contrak betwene your (1) and hir, howbeit ' Many. ^ Coming there and back. 3 Once. * M'Cady was a servant about 1589. s Fastern Even. CORRESPONDENCE OF SIR PATRICK WAUS. 225 scho dow noclit caus anteine^ to sutstene the sammin, he will do nathing for hir, bot that that lyk to himself, quhairfoir your (1) man nocht wyit hir ; praying your (1) to continew all thingis quhiU fassenewin. in hoip of letter, quhilk I dowbt nocht bot your (1) will do. this luiking for your (1) anser agane, com- mittis your in the protection of god. of the clairie the x day of februaer. — Yower (1) humile serwand, M. Eobert Stewart. To my Speciall gude loird my Loird of Bambarroch. Letter from Sir Alexander Stewart to the Laird of Barnbarroch, 22d AprQ 1580 (?). My loird, eftir my werie hartelie commendationis, this pre- sent is to lat yow knaw that the laird of lochinver^ hes sum- monit the pryor and convent ^ for the improbation of my tack of the manis of quhithern ; notwithstanding of the summondis nother will the pryor nor the convent compeir at this present, thairfoir I praye yow, as my maist speciall frind, to help to geit the nixt dayet* as schort as it cain bie, for thai main naething bot to drif ^ tyme with me, in respek that thair is summonit xx other nor* the pryor and convent, quhae hes naething ado with the tack nor kynis ^ nathing of it, suae thair aucht nane sik to bie hard to bie preifis.^ thairfoir I praye your Q.) wisdome talk attendence to it, as ye sail find me redie to do yow honour and plesour to the wtirmest of my powair quhone ever it sail pleis yow to charge ; sae, lewing to trubill your (1) to ouir meting, the etemell god preserf yow in gud helthe. I praye you haue me hartelie commend to the ladie, your weif. thair is nae neuis in this cuntrie, gif thair wair, ye sauld bie aduertlsit. Your sond Jhone is in gud helthe. at minnygaf, the xxii daye of ^ Antony Stewart. Eobert and Antony Stewart were half-brothers of Lady Garliea' late husband. 2 Sir John Gordon. ' Of Whithorn. * Diet. ' Pat off. ' Besides. ' Kens. 8 Evidence. 226 CORRESPONDENCE OF SIR PATRICK WAUS. of appryle. — Be yowris assurid gud frind at the vttirmeist of powar, Alexander Stewart.^ To the Et honorabill and my maist speciell gud frend the loird of barinbaraehe. Letter from Thomas M'Clellan of Bomby to the Laird OF Barnbarroch, 20th June 1580. My lord, eftir my hartlie commendatioun, ye sail wit wiUiam gordoun, sone to Alex'' gordoun of grange, my freind, hes bene schawand me that ye are of mynde to dispossess him out of his kyndelie rowme of apilbe, quhUk I beleif your 1 will nocht do. In respect ye vse all the rest of your vthir tennentis sa kyndelie. Desyrand your 1 to take sum ressonabill dress with him, becaus he is sa natyue^ to your wyfe and to me, that I am detbund to requeist your 1 in this behalf Beleiffand your 1 wOl vse him the kyndeliar thairfoir. And quhen it sail pleiss your 1 to desyre me with the lyke, I salbe reddie to accompleiss your desyre, as knawis god, quha mot preserue your 1. Off Elirkcudbrycht, the XX Junij, 1580. — Your 1 assurit freind at power, Bomby. To the Rycht bono" and his gude freind The laird of Barnbarroch. Letter from Thomas Kennedy of Bargany to the Laird of Barnbarroch, 25th June 1580. My Lord, aftyr my hartlie commendatioune, my cusing Wilyom gordoune of the grange hes bein at me sundry tymis ^ This seems to have been written by Sir Alexander Stewart, who succeeded his grandfather as Laird of Garliea in 1590, and was then knighted. He was the son of Dame Katherine Herries, Lady Garlics. ' Related by birth. COKEESPONDENCE OF SIR PATRICK WAUS. 227 desyring me to speik your (1) in his fanoris, that your (1) wald handill him in the roume of apylbe, quhilk he hes of the landis of quhithorne, fryndfully; and becauss he is my kinsman, as also kinsman to your awin wyf als neyr, I man requyst your Q) to be als frindUe to him in his roume, as your (1) is to ony other of the inhabytoris of thai lands ; quhilk I can nocht doubt of, and the rathir that I requyst : and in so doing your (1) sail adet me to be to ony of your (1) als frindlie, quhen your (1) sail half the occatioune to request me agane. Becaus I wnderstand your (1) sail half to this effect the ernyst desyr off sindre gud frindis and nychtburis, I wiU nocht fasche your (1) with langer lettyr for the present, hot will commit your (1) in the protectioune of the almychty god, Wyth my hartlie commendatioune to my ant, your bedfallow, your son, and all your famillie. writin of Ardstincher, this 25 of Junii, of 1580. — Be your (1) assurit at power, Bargany. To my specyall gud frynd my Lord off Barnebarrathe. Letter from Uchtred M'Dowell of Garthland to the Laird OF Barnbaeeoch, 28th June 1580. My loird, efter my werray hartlie commendatioun, forsameikiU this is to schaw your (1) that barnaucht hes bene at me, de- clarand that the laird of lochinvar, and the tutour of crauchland, menis to. handill him worrey hardlie for his landis for the tyme that wes befoir he wes warnit, and I wait^ your (1) knawis that thai aucht to tham na thing of tham that hes ward^ landis befoir thai be varnit, except theward^ malis,^ quhilk will extend to four tie silling the mark land, and this the ordour that is rycht to be done^ as I.understand. quhairfoir geif your (1) meitis with Lochinwar^ as I here say ye will, I will pray your (1) to speik him heirin, and agre this gentil man with him; for that lytill thing fra, then be agreit the rest of the greit mater, and this prayis your ' Suppose. * Ward, in minority. ' Rents. 228 CORRESPONDENCE OF SIR PATRICK WAUS. (1) to do for burnaucht, as ye will do for me in this caus, as I salbe ride^ to do your (1) plesar and honor, nocht douting your (1) dewtie heirin, and sua omittis to trubell your (1) with langir lettir ; hot hes me maist hairtlie commendationis to your (L) bedfallow. committis your (1) to the protextion of god. from the garthland, the xxviii day of June, 1580. Be youris Lordis schipis assureit frend at power wchtred M'^Dowell youngur of garthland. To the Eycht honorable and my lord of barnebaroch. Letter from Sir J. G-ordon of Lochinvar to the Laird of Barnbarrooh, 8th July 1580 (?). Eycht honorable Ser, efter maist hartlie commendatioun, ye sail wit that the lard of barganie,^ and garythland,^ hes cumin to my freindis houss, Sanderis cambell, and hes schot furthe of the samen his wyff and barnis, and thinkis to jois* his haill landis and gudis, as it is lattin me onderstand. It is done be. resone of ane gyft of ane aschet* for the bydyng fra the raid of brechen.* gyf this be resonable handiUyng, Ser, I wiU rafar it to youris awin jugment. becauss of this greit oppressioun that is done to my seruand, and schame to my self, I wiU desyr yowr efifectius assestance in this defens of this my gud and just causs, and thayrfor will desyr yow that ye wiU haf aU yowris seruandis warnit aganis fryday at the sone rysing to meit yow at the moit of clugstoun^ in weirlyk maner; for I intend to be vpone thwrysday at ewin in wegtoun, for I dout nocht bot ye and all vtheris my freindis will think that I am vnresonable soycht in this behawe, and thairfor will mantene the samen, as yowris honour and myne aucht and suld, and as I salbe redde to do the lyk in yowris causs, quhen it sail happin yow to haf ado, 1 Eeady. ' Thomas Kennedy. » M'Dowell of Garthland. I* Enjoy. " Escheat. • Staying away from the raid of Brechin. ' The Moat of Clugston. CORRESPONDENCE OF SIR PATRICK WAUS. 229 as ye will pies to charg me. for thai that will nocht enter in sek ane honorable causs as this wyth thair freind waldbe leythe to mell^ wyth it, gyf the mater war sum part askilent,^ the quhilk I dout nocht in yow. I will nocht cummyr yow, Ser, wyth langar wryttin, hot I will refar the rest to my brother WiUiam, to quhom It will pies yow to gyf credeit. the rest refaring to yowris wesdom, and yowris anser agane wyth deligens, and god preserve yow in sauU and body, of the kenmoir, the viii day of Julij.^ — be yowris at power, lochinwer. To the rycht honorable the lard of barnbaroycht. Letter from Sir J. Gordon of Lochinvar to the Laird of Barnbarroch, 15th September 1580. (See letter of 14th April 1579, and note to the same.) Eycht honorable and trest freind, eftir my hartly commen- datioun, it is nocht wnknawn to yow that my (1) of casselis and I hes appointit to be in edinburgh the xxvi day of October to put away thir distans* betuix his (1), me, and our freindis; and ye knaw the gretest difference standis betuix his Q.) and alex'' gordoun. as to our awin pairtis, I trest we sail sone mak ane end. thairfoir I will verrye affecteouslie desyr yow, be ressone that my Q) is in the cuntrye, that ye will travell with his (1) and Alex"^, and sie geif ye can mak ony myd way amangis thame amecablye ; for geif it cum to Jugement of freindis, I dreid it wiU. triffil^ ws owrmekle. nocht douting bot that ye will do diligence in this to bring it to ane weill, as I salbe reddye agane to do yow sic steid and plesour as lyis in me. refarran the rest to yowr awn wisdom, I committ yow to the protection of ' Loth to meddle. ^ Asklant, oblique. ' If the outrage which is ^he subject of this letter was the cause of the feud between the Lairds of Bargany, Garthland, and the tutor of CassiUis, on one side, and the Laird of Lochinvar and other Gordons on the other, the date should be 1678 ; but if it was merely an incident during the feud it may be in 1580 or 1581. * Dissension. " ? Trubil, trouble. 230 COEEESPONDENCE OF SIE PATEICK WAUS. god. from kenmor, the xv day of September. — Yowris assurit freind at powar, lochinwer. thomas m'^crakkan schew me that ye said ye wald travell heirin, geif I wald charge yow with the samyn. To the Eycht honorable and my trest freind The Laird of bairnbaroch. Letter from Thomas Waus, Burgess of Edinburgh, to the Laird of Baenbaeeoch, 1st August 1580. [Holograph.] My lord, efter my hartle commendaseoune towartes yo lo, I can gat na mone fra robart hoime of the red houke, without the mastar of glames^ feind heme casoun^ to raleue heme at all handis. he sayes the mastar has restetet^ in his handis, thair- foir I pray yo lo to wryt to the mastar of glames, and se quhatfor he stayis at; for robart home sayes that the four houndrethis markis es rade,* by^ the four houndret ye haue getene, ye mane writ scharple to the mastar, for he is waray lasthand of hes payment to all men. gene I wald pout the laters to exsecuseoune, he sould gat thame souspende apone hes narraseoune, thairfor I pray yo lo awyis apone the next bast quhat es to be doine. fardar I haue nocht gotene my selwar fra douncan leuinstoune, hot delayes me fra day to day ; thairfor I wald yowre (1) sould wryt heme, as to nouis* thair es nane here, bot all quyat. the keinges gras es in hes progras, and beis in abardour' the fourt of this instant, comeand hame to sterlin agane. hawand na fardar ocaseoune to wryt to yo lo at this present, bot commetes yo lo to god, with my hartle com- mendaseoune to yowre ladey, my yowng erne, and the rast of ^ Thomas Lyon of Auldbar and Baldowkie was Master of Glammis. He married Dame Agnes Gray, widow of Lord Home ; hence his connection with Robert Home of the Redhouke. He was connected by marriage with Sir Patrick. ' (Jaution, i.e., security. ' Arrested it. ^ Ready ^ Besides. ^ News. ' The house of the Earl of Morton. CORRESPONDENCE OF SIR PATRICK WAUS. 231 yowre famele. of edenbourgh, the furst of august, DLXXX yers. Yowres at pouar thomas waus bourgis of edenbourght. To tbe richt honorable and hes treist freind the lard of barbarack ane of the senatours of the colege of justes. Letter perhaps from Sir Thomas Kennedy of Colzean to the Laird of Barnbarroch, 30th September 1580. Broder, eftir my hartlie commendationis, fforsamekill as I ressauit na aduerteisment of your ryding to edinbrothe quhill this moninday In ardstincher/ quhilk mowit the delay of this berar cuming to yow, quhome now I haue send yow specialie, to witt gif ye may ony wayis be In maybole on setterday or sonday nixt^ viz the fyift of October nixt to cum, for my lord of cassillis effairis ; for I think my lord will werie to remaine there, and not get his bessiness at point, and his (1) Is nocht to byde langer nor the middis of the nixt oulk^^ for maister dauid may remane na langer. Quhairfoir I wald that ye suld address your self to be In mayboill the tyme foirsaid, gif possibillie ye may, And that ye will preoccupy my Lord hamiltoun, and my lord chanceler, and try ef thame quhat Is thair opinion in thir materis of my lord of cassillis, and quhen thair may be had ane convenient meiting of thame with the rest of my lordis curatoris. Thir thingis ye will remember to do, and send me your speciall anser In wrait with this berare, bayth of your cuming, and anent my lord hammilton,and my lord chanceler, and how soune ye think certanUe ye may be In Mayboill, with sik newis as occurris for the present, quhairin I pray yow to maik me speciall aduerteisment, and nocht to spair paper nor Ink. Eeferring the rest thairto, I ' The house of Kennedy of Bargany. " Week. ' Earl of Argyle. 232 COKRESPONDENCE OF SIR PATRICK WAUS. commit yow in godis protectioun. of ardstincher,^ the penult day of September, 1580. — Be Your broder assurit at (power) [Signature torn off.] To my weilbeluifit broder The Laird of barnbarach. Letter from Dame Katherine Stewart, Lady Garlies, to the Laird of Barnbarroch, 7th November 1580. My lord and erne, efter my verray hartlie commendatioun, your 1 sail wit that I haif send furth robert, your god sonne, and Johnne dunbar with him, with the haiU euidentis necesser for fulfilling of our part of the contract maid betuix ws and the young laird ; And thairfoir desyreis your 1, as my speciall traist and confidence is in yow. That ye wUl se our part of the con- tract fulfilht, and dischargit suf&cientUe thairefter. This I man pray your 1 to tak panis heirin, ffor weill of me and my bairnis, ffor we haif na vthair to put suir confidence and traist in sic wechtie causis bot in your 1. Eeferring the rest to your god sone and the berar, with my harthe commendation to your lady, committis yowr 1 to the protectioun of god. ffrome Wigtoun, the vii of november, 1580, Be youris L ant at power Dame katherine steward lady of garroleiss. To my guid Lord and speciaU eme The laird of bar- barroch, gif. Letter from Edward Maxwell of HiUs (most probably) to the Laird of Barnbarroch, 13th February 1580-1. My lord, efter maist hertlie commendatione of seruice. It will pleiss your 11 to be aduerteist I haue bene speikand with my bruther James geddes, wha hes schawin me the greit freind- ' The house of Kennedy of Bargany. CORRESPONDENCE OF SIR PATRICK WAUS. 233 schipe and panis, that your lordschipe hes tane in the lauboring for my kyndlie rowme of the grange, to my weill at the handis of my lord Justice clerk,^ and how that your 11 hes gottin the saidis landis, togidder with the fourtye merkis of annuell of lochswaid and mynnebrigis, vpoune the offer of the sowme of two thousand merkis money; of the quhilk sowme of twa thousand merkis the said James schawls me that your 11 cal- cullattis the vi merkland of grange to The sowme" of ane thousand pundis, the half quhairof, quhilk is the sowme of fyue hundretht pundis, is the price of my part of the saidis landis of grange, quhilk is the ane half thairof; quhairintill my lord Justice clerk ^ handillis me verray hardlie, in the respect of the litill proffeit that I and my foirbearis gettis thairof; and attour that neuer nane of my freindis befoir me hes bene sa hardlie compellit to by^ thair kyndlie rowme in this cuntrie, quhair thir landis lyis. Bot nocht the les, my lord, in respect of the eschewing of sum greittar Inconvenient, That apperis to fall out thairthrow betuix me and sum of my nychtbouris, I may nocht leiff of to trubill your 11 with fardar panis to end out that mater betuix the Justice clerk and me ; and quhatsumeuer' thing your 11 promesis on my behalf I sail se releissit at sic dayis and tymis as your 11 will appoint me to do. And incaiss that my awin presence be necessar. It will pleiss your 11 to aduerteis your 11 seruand, Johnne maxwell my freind, quha will aduerteis me, and thairefter, giff neidbeis, I salbe at your 11 in all the posibill haist I may ; and this, awaiting vponne your 11 anser, committis your 11 and youris To the protectioun of the eternaU. and gif thair be ony steid® or seruice that I may plesour your U with, ye sail haue me ridde at command as ane freind cumm of your hous. of the hillis, the viij of February, 1580. — Be yowris freind with seruice at powar, Eduard maxwell of hillis. [Page with address is torn off.] 1 Sir Lewis Bellenden of Auohnoule. " Buy. ' Stead, usefulness. 234 CORRESPONDENCE OF SIR PATRICK WAUS. Letter from Sir John Dunbar of Mochrum to the Laird of Baenbarroch, 8th February 1575-83. [Holograph.] Broder, efter mest hartly commendasseonis, plesit yow to wnderstand I hayf vrettin archebald moir sindry tymis to confar vyth you tovching the besynes ve var in confarans in the keyrk of kyrkkinir ; and theis thingis may nocht tak effek in sic manir as ve var in purpossing, as my broder archebald hes vrettin to me he kan nocht feind that way that I may desspon, and rettourn to my self agan. Broder, geff tha.t may not be, I vill in na vayis lat tham be in langar aventtovr, Bot rather tak my aventtovr of tham I geff tham on to, nor all to be in hassard. herfor, prayand yow as my mest speciall, in quhom I trest mest in caisis of honour and guid esteit of, that ye vill tak the panis to confar vyth archebald, and oderis of yovr famellyaris of Jugment and practik, to parfyt my caissis, and geff it may pas be confirmaseon, athir be resing- nasseon or allyanasseon,^ or confirmaseon be fev^ geffin be me, and confirmit be the king, that quhat the chargis tharof extendis to, geff* archebald suay mekill mony, and I sail seind it to yow vyth all dellygens on yovr aduarttement, or his, ye knaw the rettovr of ovr scher* is thre mellis, and the ten markland at the regovr is xxlb. as for the sellis,^ or oder thingis, ye knav the manir, and quhat ye hayf ado in this contray in yovr absens, that is my poveir to do to yow, or any yow belangand, command me na les nor I am abill to do for my self, or any me belangand. suay na farder to trovbill yow at this present, Bot committis you to the presaruasseon of the almychty. of vittern,® the viii fabrovar. — be yowris broder at the ovttermest of his poveir. To the honorabill and Mochrum.'' his mest speciall broder the lard of barnbaracht and lord of the coUag of Justis. 1 Alienation. " Feu. a Give. * Share. " Seals. o Whithorn. ' Sir Patrick's elder brother Alexander had married the Laird of Moohrum's sister. He died in 1583. CORRESPONDENCE OF SIR PATRICK WAUS. 235 Letter from Sir John Dunbar of Mochrum to the Laird of Baenbarroch, 30th April 1575-83. [Holograph.] My lord, efter my mest hartly commendationis, plesit your (1) remembir consarning the besynes betuex John halthorn and the letstar,^ to travail vith my lord thesurar in the parfeksyovn of sek thingis as his (1), be your (1) fauour, haid procurit at his (1) hand; in the defalt tharof is and was in hev toddis^ del- lingis, as perhappis his part vill nocht be fovnd in rycht delling. and nov quhat your (1) kan farder parswaid vyth my lord thesurar to the effek aifor past, or geff the thing past affor may be the lav stand in aveill, your (1) may be parsuadit in suittan tharin. as tovxing^ redis,* and absens tharin, tharis anev^ to lay to his scharg, and I saU mak your 1 farder ressouluet geff (m) Jhon douglass hes any varning on the letstar,^ and, geff suay be, I sail hayf the samin at your (1) or the xxvii day of may, quhan his probasseon is assignit. I am hemly to trubill your (1), becaus I vnderstand your (1) seruand to be slevthefeoU® quhen (or whom) the payn and hinder veil extend, and as to my part tharin, your (1) vas declarit the heill trovth tharin, that vortht ane d vortht'' of his geir I nivir haid, or him pertenit, exceip the xl boHis ettis* I bovcht frae Jhon halthorn, and hes his oblygaseon of varandis tharon. suay, sesing to trovbill your (1) vyth farder letter, committis your (1) to the pro- tection of the almychty. of egerness, the xxx of appreell. — Be your (1) assureet at pover, Mocherovm. mest hartly requesting yoUr (1) to hayf me mest hartly com- mendit to my lord Justis dark, assuring his (1), god willing, gef I may travail, the seek myndis to vessy the seek ;' and gef his (1) standis in constaint guid vill tovardis me, as I hayf doun and sail to his (1), it may fovrtton^" it may redoun to bayth ovr contentmenttis, as your (1) vill fardar knav vyth godis (g). 1 Litstar, a dyer. " Hew Todd's. ' Touching. * Raids. 5 Enough. " Slothful. ' One pennyworth. 8 Oats. ' The sick wishes to visit the sick. 10 ? Fortune, happen, or turn out. 236 CORRESPONDENCE OF SIR PATRICK WAUS and gef your Q) hes any parteklaris heir, or ony your Q) par- tening, that I may stand in in thar fauour, as your (1) var heir, scharg, and tharefter your (1) vill try vordis and vork. To the honorabiU and his mest speciall broder, my lord of the coUag of Justis, and of barnbaroch. Letter from William Gordon of Barquhill to the Laird OF Barnbaeroch, 9th April 158L Me Lord, efter my maist hartlie commendatioun of serveiss, forsamekill as ye sail resaif fra this berar the tak set be my fader to patrik m^connill of the v merkland of apilbe. forder I ame adverteissit (th)at some half declarit your Lordschip that the ferme mayle, (th)at I suld delyrer to your (L), is nocht sufficient, your (L) saU knaw tham to be lyaris in the mater, for it sail be as sufficient as owther the myll of penythame, or the myle of barglas, according to my promeiss; for geif I did nocht my dewtie to your (L), ye doand samekill for my Eeleif, I var vorthy to be reprovit. and forder, I half cawsit petrik m^conill to com actit to ypwr factor for acht bolhs of mayle, and has xii bollis to delyver in redynes ; the quhUk is xx bollis the quhilk is mair nor ony of yowr fermeris half done in that contrie; thairfoir yowr (L) sail tak na ewill opynyone of my paymandis in tymes comming. I dowt nocht bot yowr (L) vill exonor me of byrounis,^ and seik payment of thame that Eesawit proffet. nocht eUis, bot commitis the rest to yowr (L) visdome. At Vig- tone, the ix day of apryle, the yeir of god a t° Lxxxi yeris. — Be yowris, William gordoun ^ of barquhulle. To the Eycht honorabiU and my trest freynd The Lord of Barbaro. Gef this. Letter from Mr John Young, Minister at Wigtown, to the Laird of Barnbaeroch, 10th February 1581-2. [Holograph,] My lord, and belowit gossep, efter my hartle salutation in the • Arrears. " See letters of 20tli and 25th June 1580. CORKESPONDENCE OF Sill PATRICK WAUS. 237 lord Jesus, I haff thocht it gud to advertis your L that, at my last being in edinburctie, I purchast a presept and direction from the kirk to John donkanson, to desing ^ me my gleib and mans ; the quhCk direction hes fullfiUit in all pointis, and I haff oisit^ letteris of inhibition, nocht onle agans the possessoris, bot agans all that pretendis enteres thairto. Nevir the les I will proceid no forder in sic thingis till I knaw your L guid will and mynd thairinto, for your L Till remember the communing betwix your L and me at barnbarrache, befoir my last passing to edinburche, touching this matter, and your L promes wes to content me ; upon the quhilk promes I will stay upone gud hoip. in the mein tyme I wad the possessoris war remowitt, for Jo'' Millikin, and Wille CuUoche, hes sa purit^ that land this four yeir bygayn, withowt any enner guding,* that it is not abill to rander any frut, and yet ye wald stik still with the same, alleging a tytill of tax, and quhat guid payment your L gettis for the same your L knawis : and I will assure your L, as tuching WiUe Cul- loche, your L myndis nocht to trubill your self with him, for he may at this present proclame and sweir him selff beir ^ man at every mercat croce, and thairfor I wad nocht that he possessit that land to your L henderans and myn to siklyk. the tyme is now that the yardis ar to be occupeit, and your L mynd vas, quhen I spak last with yow in edinburche, that culloche sulld remowe thairfra ; bot now he is preparand to dres the yardis, and to posses bathe landis and yardis as of befoir. I wad your L sat to this in tyme, and cawss richard Campbell, or sum wther, to enter a pluche* in the land in your L avn name, or els in myne, giff it be your L will, for I wfll posses na land withowt your Lo will and kyndnes, and at your Lo comming in the cuntre I will rander the same to yow agane ; for I will staye, as I said befoir, apon your L promes. and as tuching the yardis, giff your L thocht it gud, I wad ye cawsit richard Campbell to put me in possession of thame in your Lo name, befoir WiUe Culloche enter to the occopeing of thame, and I sail lyk wayis kepe tham tiU your L cumming in the cuntre, quhen your L and I sail , 1 ? Design. ' Oysit, used. ' Poorit, impoverished. * Manure. ° Bare, poor. * Plough. 238 CORRESPONDENCE OF SIR PATRICK WAUS. apoint and agre upon all thingis to your L contentment, and myne batlte. but this your Lo sail not forget, to cawss richard Campbell to seis all that is in WUle cullochis howss to your Lo instans, for gif he knawis that he man flit, he vill care^ all avay, and leff^ the howss bare off insycht^ and loftein,* as Jo'' Waus did quhen he red •'' fra the same, and leff no thing bot the bair wallis. Marover your Lo will advertis me quhat ye hafif done tuching my presentation, quhilk I left with master george younge. Nocht elss bot your lo will send in word with diUgens concerning the premisses, and god preserve your Lo. from Wig- town, the tent off febrar, 1581. — Your Lo gossope at command in the lord, Jo" younge minister at Wigtown. To the rycht hono" Lord and his belouit gossope My lord of barbaroch. Letter from Lord Orkney to the Laird of Barnbabroch, 4th March 1581-2. My Lord, efter our werray hartlie commendationis, havand ressavit your lettir daitit from edy"^ the xv day of fabruar last wes, desyrand my mynd tueching my sone patrik, and quhidder I thocht best to send him to genawa, or retene him at hame in court, with your lo aviss thairintiU. It is maist certane, and thair is na chois, gif I war able thairto, for fornesing him to genawa, or vtheris countries, for certane yeiris it war mekle best for his instructioun and upbringing in all kynd of civUitie, as also in learning the languages. Bot it is of treuthe that I am sa far inrwne in dettis, quhat be the pament of my dochteris tochergudis, the restis awand be my vmqle sone," the tyme of his last frequenting the court thair, with vtheris expenssis maid vpoun my schippis, and tinsall of thair woiages, that presentlie I am in debt beyond tene thousand poundis, besyd the restis of my saidis dochteris tochergudis in maner foirsaid, and hes con- trackit my haOl levinge to certane mercheandis of ed' for certane ^ Carry. ' Leave. ' Furniture. * Flooring. ' Cleared out, ' Henry, Master of Orkney, born about 1562, and dead at the above date. CORRESPONDENCE OF SIR PATRICK WAUS. 239 yeiris to cum ay and quhill tlie same be payt. Nocht the les sail do thairintill the best I may for foryething my sone to sic thing as becumit him. Alwayis hes thocht best in the mean- tyme that your lo send him our to me vpoun the first schippis that cummis for beir heir, to remane with my self ane certane space (becaus I haue nocht sene him this lang tyme), till I may mak sufficient provisioun for his dispache after to franco, or genawa; for on naway cane I consider him to be meit to fre- quent the court as yit, hot rather may do mair evill thair nor guid. And quhair as your lo meanis that ye ar provydand for ane guid scolar of honest conversatioun to put to him. That war werray weill done, and saU be thankfulHe satisfeit for his panes. As tueching ony vther purpois that your lo wiUis me, refairis to your nyxt aduerteisment at my sonnis our cuming, quhilk salbe performit to my pouer ; Eefarris thairto, Committis your lo to the protectioun of the almichtie. ffrom kirkwall in orknay, this ferd of merche, 1581 yeris. as tueching andro martene, I will on naway admitt him in my sonnis cumpany, he handillit the vther so indirectlie aganis me, and his awin weiU, quhilk wes his werray tinsall and wraik in ane part. — Your lo Loving frend at pouer, Orknay. To my werray guid lord Ser Patrik Wass lard barnebarrow Lord of our souerane lordis sessioun. [In the previous December Lord Eobert Stewart was created Earl of Orkney, and he and Sir Patrick had married sisters, daughters of Gilbert, third Earl of Cassillis. This son seems to have been brought up in his uncle's house, for in later letters he addresses him as his father. This is the earliest date at which Barnbarroch was addressed as Sir Patrick, but in December 1584 Lord Orkney addresses him as Mr Patrick] Acquittance by Lady Garlies for the Teinds of the whole Priory of Whithorn, 1st April 1582. I, Dame katherine Stewart, ladie garoleis, takiswoman and 240 CORRESPONDENCE OF SIR PATRICK WAUS. possessionar of the teyndis, fermeis, maillis, and deweteis quhat- sumeuer, perteyning the haill priorie, grantis me To haife resauit fra the Eycht hono" alexander Stewart of garoleiss saxtene schillingis money vswall of this realme, as compleit price of euerilk ^ boll of teynd meill and beir, for the teyndis of the fyve merkland of challaichblellyn, of the fyve merkland of Logan, of the fyve merkland of Eowchane, of the fyve merkland of over ersyk, of the fyve merkland of hillis, of the twa merkland and ane half of lytill arow, Lyand within the parrochin of glasser- toun, of the fyve merkland of nether ersyk, of the vij merkland of balyequhir, and vii merk land of bischoptoun, Lyand within the parrochin of quhitherne, all within the serefdome of wigtoun of the crope of the yeir of god 1™ v" four scoir yeiris, conforme to his tak, quhilk he hes of me thairof ; and thairfoir dischargeis the said alex"^, his airis, exe", and assignayis, for me, my airis, exe", and assignayis, for euer. Be this my acquyttance, gevin and subscryuit be the notar vnderwrittin, at my command at the clarie, the first day of aprile, the yeir of god 1™ v° four scoir tua yeiris, Befoir thir witnessis, Eobert steward of cardonnald, and Johne Dunbar in glenmalloch, with vtheris deuerssis. Michael m^crekane notar publict, at the command off dame katherine steward ladie of garles, takkiswoman foirsaid, hir hand tueching the pen becaus scho culd not writt. Eobert stewart Witnes. Johne Dunbar Witnes. Order from the King to attend Courts of Justiciary at Perth, etc., 20th April 1582. Traist freind. We greit yow wele. Being movit with the com- plaintis of our subiectis, havilie oppressit with the manyfauld crymes of the weikit and Inobedient, vnpvneist be ordour of iustice. We haue concludit, be aduise of our counsale, to hald Courtis of iusticiarie within the serefdomes of Perth, Striuiling, and Dumbartane this somer ; And consequentlie in vther partis of our realme, quhair gretest neid is : And hes maid choiss of 1 Each. COEEESPONDENCE OF SIE PATEIOK WAUS. 241 you to be ane assessour to our iustice. and a compositour with our thesaurar, vpoun knawlege and gude report had of your habilitie for sic seruice, quhairinto your gudwill we traist is nathing inferiour. Desyiring yow thairfoir effectuuslie That ye will addres yow for this purpois, and he present with our thesaurar to that effect, at Perth vpoun the first day of Julij niKtocum ; Betuix and quhilk day all thingis requisite in that behalf salbe prouidit and set fordwart. We haue lykuise ap- pointit yow and the lard of Capriagtoun to be present at our Justice Court, to be haldin at Drumfreis the xxvi day of Junij nixtocum, and at Lochmaben vpoun the xxviij day of the same moneth, quhilk dyet We mon effectuuslie requeist yow to keip first, althocht the vther day at Perth be suddane thair- eftir, quhilk we sail cans be continewit for sum dayis thaireftir, that ye may convenientlie repair thairto. Sen our deliberatioun is to vse your aduise and seruice in baith. And sa, luiking to vnderstand be your anser quhat salbe certanlie lippynnit for at your hand, that this work be not mislippynnit, Committis yow in the protectioun of the almyttie. At Striuiling, the xx day of aprile, 1582, James E. To our traist Freind the Laird of Barnbarroch Senatour of our College of Justice. ♦ Letter from Mr Eobeet Stewaet to the Laied of Baenbaeeoch, 14th May 1582. My lord, Eftir maist hummle eommendatioun of seruice, this present salbe to schaw your (1) that I comed nocht furthrow at this tyme. the laird of myrtoun ^ culd nocht be in reddiaes, and I culd nocht cum wythout him; yit nocht wythstanding that mater sail end betuene him and me, quhair throw your (1) maye be satisfyed to your (1) contentment, anentis the con- tribution your (1) and I sail compt, and whiu and quhar your (1) wantis, your (1) salbe weiU payit. as for siluer now send, I can nocht get ane pennye for na laubor I dow mak. I haue newir resauit ane pennye of the Lxxxij yers as yit, bot lettis it lye 1 Sir Archibald M'Kie. Q 242 CORRESPONDENCE OF SIR' PATRICK WAUS. Still to paye your (1) wyth ; your (1) salbe fyrst payit. your (1) writ in your (1) last letter to me that my laird of orknaye wald nocht set ane new tak, and the ladye is weill myndit to end wyth your (1) according to the contrak maid of befoir ; quhairfor I think best your (1) contenew, all thingis betuix your (1) and hir to your (1) cuming in the cuntre, gif it be your (1) pleasour, and thair your (1) maye end all besines betuix yow wyth fauoure. I writ to your (1), and desyrit your (1) counsell how I suld do anentis the maistres of wchiltre/ and the teindis of cly- modde,^ quhilk the laird of garles intromettis wyth ; for I can get na payment of thame, quhairfor your (1) man send me coun- sell quhow I sail vse that mater, and anentis the ladye of garleis,^ the laird is putting hard at hir yit, to get the tak, quhilk scho nawayis will consent to, and he is werray angre at the sammen. thair is bot tua halkis in nest of kyrkmaiden this yeir ; quhidder thai be halkis or terssellis I can nocht tell, bot the laird hes Johone Stewart, riche of the craieharis * sone, keipand thame. the guid man of the garrere * and the laird ar aggreit. as for wther newis, thair is nane in this cuntre, nocht troubling your (1) wyth forder letter for the present, committis yowr (1) in protection of god. of the claire, the xiiij daye of Maij, 1582.* — Yowr (1) humil Servand Mr Eobert Stewart. To my speciall gude loird my laird of Barnbarroch. Letter from William Dunbar of Craiglaw, to the Laird of Barnbarroch, probably March 1582. [Holograph.] Me lord, eftir my humell commendation of seruece, I half resauit your L wreitin the xv of this Instant of merche, consid- ' Margaret Stewart, widow of Andrew Stewart, Master of Ochiltree. ^ Now Claymoddie. 3 Catherine Herries, widow of Alexander Stewart, younger of Garlieis, and mother of the Laird of Garlies. * Richie of the Craigairy's son. ^ Now Garrarie. 8 Thiq date should be 1683. CORRESPONDENCE OF SIR PATRICK WAUS. 243 dering your L mynd thair intell, and quhair your L thinkiss it best I keip my Awne posse^sioun this yeir, I mene nocht sa to do. Sua your L kyip your hand wryt, quhairiu I dowit nocht that your L will alter for na manis parsuation ane ^ way for veolatting of your L honour And treuthe, and ane wther way for the gud will I haif to serif your L nocht with e ^ seruece, as ane man plesair ; hot with my hart In word and work, as ony that hecht * your L name sail be ebill to do to my lyf&s end ; and albeit your X mycht get mair profeit for the Eoume, I will nocht beleif that your L will change me with ane wther, albeit your L mycht do it without hurt of your L honour, and breik of your L hand wryt : and howbeit that Sandiris grewe speikis outwartle * that he will nocht keip promes, I will nocht beleif he will sua contennow. It is be(in) throw sum falss report he hes gottin, and will nocht contennow thair (in, for) he knawis the trewth. further quhair (L) wryttethe that gif I deliver nocht the Lady Garleiss syluir to tome kynnady ^ your L will hold me for ane promess breker, quhilk I was never haldin for yet to sempiller ® men nor your L, quhom I men to sereif quhill I leif. And your L be remembirit eftir our coutraking, quhen 1 desyrit your L to pout ^ nocht at me for the lady garleiss catioun, bot tak It of hir self, your L wald nocht grant that, bot bad me put at hir for releif, and your L wald superseid me quhill I mycht haif laser to obtene it of hir ; and this wynter fra I departit fra your L god weseit me sa hevele * I culd nocht pout at hir, nother be the law nor wther wayis quhill within this v wolkis,* bot I sail pout at hir sa soune as I may, and, or your L be crabit, your L saU hald als mekill of the fyf hundrthe merkis, your L swld gif me at Wytsonday, with the hundrethe merkis that your L Is cum dettur to gilbart agnewe, quhais descharge I haif and farther I besyik your L to causs tome kennady gif me the XX lib, that your L commandit him to gif me aneis,^" and he sayis your L hes descommandit him agane; I pray your L send ane teket with this boy to causs him deliver it to me for ony 1 Any. 2 Eye. ' Names. * Outwardly. ^ Tom Kennedy. ° Simpler. ' Put at, prosecute. 8 Heavily. ' Five weeks. 1" Ance, once. 244 CORRESPONDifcNOE OF SIR PATEICK WAUS. seruece I am ever ebill to do your L. I will nocht trwbell your L with langer letter, bot hoippis for your L guid mynd, as my hartle seruce sallbe bent to your Q.) now and ever ; and sua committs your L to the protectioun of the creator of heuyne and erthe, quha moit preserif your Lin helthe and^onour to the end. of cragloy the xvi of this Instant of merche be your L seruand eftir his power of seruece. William Dunbar In Cragloy. To the ry* honorabill and his (M) Patryk vauce of Barnbarothe and lord of the Session. Bond of Kindness between Ninian Adair of Kenhilt and the Laird of Barnbarroch. We, Mr Patrick Wass of Barnebarrocht, ane of the senatouris of the coUedge of Justice, on the ane part, and Niniane Adair of Kenhilt younger on the uther part, be the faith and treuthe in our bodyis lelilie and trewlie byndis and oblissis us hinc inde to utheris in maner efter following ; That is to say that we, and ather of us, be our selfis, our kynsmen, freyndis, seruandis, adherentis, allia assistaris, dependaris, and partakeris, sail at our power mantene, supple, and defend the uther during our lyfe- tymes, and sail tak ane afald,^ trew, and plaine pairt in all and sindrie actionis, causses, and querelis, in the law, and by ^ the law, concerning us, or ather of us, fra this day furth during our lyfetymis, aganis all maner of personis that leiffis, and die may; Our soverane lord, and the erle of cassillis being alanerlie exceptit for the part of me, the said Mr Patrick, and our soverane lord, and being alanerlie exceptit for the part of me, the said Mniane ; And this present bond to be als sufficient to that effect, as gif the samen wer extendit in maist ampill forme. Niniane Adair. of Kenhelt younger. [Endorsed by Sir Patrick] Kynheltiss band and myne of kyndis. 1 Honest. " Within and without the law. COERESPONDESCE OF SIR PATfiICK WAUS. 245 I Mr patrick Wauss of barnebarrocht, ane of the senatouris of the college of Justice, be the tenor heirof byndis and obHssis me, my airis and assignais, to ane honorabill man, Niniane Adair of KenhHt younger, his airis and assignais, that I sail nather con- tract or resave bandis, obligationis, infeftmentis, assignationis, nor uther dispositionis of quhatsumeuir landis, rovmes, nor possessionis, nor rychtis thairof, nor of na annualrentis owt of the samen, directlie nor Indirectlie, be my self, nor na uther mediate persoun, fra David Makcullocht of Druchtag, nor aKsone Dunbar his sjious ; nor that I sail na wayis fill, nor gif information, nor consent to the fiUing, of the blank betuix the Lady Drouchtag hir spous and me, submittit to me as overs- man be the saidis Niniane on the ane part, and the said Laird of Druchtag and his spous on the uther part ; quhilk is now in the handis of Mr Johne Scharp advocat, without the speciail avise, counsell and expres consent of the said Niniane and his for- saidis, or than be the extremitie of the law had and obteint thairto, under the paine of perjurie and defamatioun, and, gif I do in the contrair, the samen to be null, and of nane avaUl, quhairunto I consent now as than, and than as now, of my awn certane knawlege. [Not signed, but written on the fly leaf of the preceding paper, and in the same handwriting.] Letter from Ninian Adair of Kenhilt to the Laird of Barnbabeoch, 9th June 1582. [Holograph.] My lord, efter my hertlie commendatioun, and your L be re- memberit, thair is ane contract past betuix your L and me, ye takand the burding on yow for the ane part, and I for the utheris ; quhilk contract, me Lord, is verie strictlie keept to me as yit, quhairfoir, me lord, seing the grit sowmes of money, to- gidder with thi^ie or four hundreth merkis worth of horses, and as I sail mak your L compt of abone sex hundreth merk of siluer, and I sail gif your L the man and the laif and all ; quhair- foir my Lord I will wiss your L keepit the pointtis of your con- 246 CORRESPONDENCE OF SIR PATRICK WAUS. tract with me, and gif me your part of it, as I have debursit it, or than, me Lord, exeuss me, for I will onnayis^'keip the con- tract with nor thame, quhome ye ar bund for. ffor trewlie, me Lord, I have v° merkis on my credit in Ed^ that ouklie ^ I pay iiijd 3 for the pund, quhilk, my Lord, seing I gait na thing of yow, your L man to redound * the half of all that I gif for it, ifor I can craif nane for it hot your L ; quhairfoir I pray yow to faUl nocht to causs send out with this berar four or -fyve hun- dreth merkis, quhair throw sic thingis may be keipit, quhilkis I have tane on my credeit; vtherwayis I can onnawayis byd at that contract. And I pray yow lat thame see this writing direct to your L. god knawes quhat it hes bene to me sen your L departing out of the toun. We have reducit the decreit of bastardie, we have rasit the commissioun to four judges diligattis, and your L sail sie ana breif, direct home heir, to serue cris- tiane as air to hir mother for the landis within Galloway ; and thair man be ane inqueist of the cuntrey summond to cum furth to Ed"^ to be upoun hir service, and this wOl as ane generall ser- uice to serve hir as air unto hir mother; quhairfoirl man lippan to your 11 to speik the man ye wait of to see quha sowld be summond vpoun the inqueist, Becauss thai knaw tham that is narrest hand better nor I do at the leist. I think thay sowld be summond are Mr Jo° ramsay in Lytilldruchtag,^ the Laird of Killinton, and sic utheris as your L and thay thinkis guid ; thair will be anow gottin to be summond upoun the mercat day. ffarder ye sail wit I have mekill mair cummer of the breif of Sanctandrois, for nather will the breif of chanceUarie, nor the commissioun of the Lordis, serue for thay landis, bot man force have ane commissioun of the bischopes awin, and his awin breif within his awin regalitie, or than ane commissioun be him direct to the Lordis thair, that he dispenses with the Judges past in the uther commissioun, and thair L licens to hald his court in the tolbuith of Ed' lyk as the other commissioun beiris. And gif I dow not obtene this, It is force to me to pass to Sanct Androis, and thair mak the seruice within the regalitie of the 1 ? On nawayis. "^ Ouklie, weekly. s Fourpence. 4 Eefund. " Now Little Drouohtag. COEEESPONDENCE OF SIE PATRICK WAUS. 247 bischoprie, thairfoir I pray your L to respect all thir traweUis and expensses, and causs thame understand that hes to do with it, or ellis I can nocht keip na promeiss that I have promesit to yow, in that I think it verrie neidfull that ye lat tham sie this writting, fFor I can writt na thing to thame hot that thing that I haue rehersit heir, quhilk your L is meitest to confer with thame in ; Becauss I haue na thing to do with thame, hot only with yow. ffarder I man requeist your L in my awin fauoris to fur- neiss me ane thrie or four hundreth merkis upoun my awin here- tage for profifeit, lyk as I have ressauit fra your L affoir. ye knaw the sowme of auchtene hundreth merkis, and in the same reuersiounis that sam sowme sail be ikit ^ to the first ; and your L to have proffeit thairfoir conforme to the first contract, that ye haue sesiag in KUdonan. I dout nocht hot ye will tak panels to do this, in caiss ye take it fra utheria your selff, fibr your L knawis in qubat estait it standis in to me; I neid nocht to reheirss it. Thair is na newis, my Lord, in this cuntrey, hot sic as your L hes hard the banischment of Johne Durie out of Ed'' and the taking of the redar that come to gif the chairge to the bischope of glasgow in the name of the generall assemblie, quha gaif the chairge in Dalkeyth, and the king and Duik wes verrie craibit with it, and gart tak him and put him in blaknes. ye sail wit that ro' SempeU the poyet is tane out of Ed^ be fyve or sex men of weir to Dalkeyth, and it is allegit that he and Johnne caimis sowld have bene in berwick, trifiicing with sum inglismen. ye sail wit this fryday last wes thair hes bene verrie proud wordis betuix the Duik and my Lord Lyndsay, and that in the kingis awin chalmer; the ground is concerning the religioun. the Duik allegit that he wes ane mantenar and counsaUe gevar to the ministeris of thar raling that thay mak aga;nis him. Nocht ellis, bot I pry your L respect me, and the estait of this causs, as your L aucht in all respectis ; and your U anser in writ agane with this beirar. Your L man direct sa mony writtingis to sa mony in the sessioun as your L thinkis guid in the favoris of my causs, and the reductioiin of thair evidentis ; for althocht scho be servit air generall, scho can not ^ Eked, i.e., added. 248 CORRESPONDENCE OF SIR PATRICK WAUS. be servit in speciall qiihill the reduction of thair evidentis, quhilkis is past of befoir, quhilk your L (w) ^ will considder ; with my hartUe commendatioun to your self, your Lady my ant, and your sone, with the rest of all the hairnis. frome Ed"^ the ix of Junie 1582. Niniane Adair. of Kenhilt Younger. To the ry' Honorabell, and my speciall Eme, my Lord of Barne- barroch this be Delyuerit. Letter from John Kennedy (probably of Blairquhan) to the Laird of Barnbarroch, 10th June 1582. My Lord, efter my warie hartlie commendationis of service, for samekill as I am informit that your (1) is trawelland with waltir Douglas of clugistoun to half the entres and place of him, that he heis of the landis of stranrawir, quhilk is my wyffis kyndlie rowme and possessioun, and heis pertenit to hir, as also hir predecessouris, thir mony yeiris by gane, the quhilk I wUl one na wayis beleif, nor gif credeit vnto the reportis and bruttis, that cumis to my eris of the samen, that your (1) will do ws that vnkyndUe hindir, and hurt, as to bestows ony geir vpone that rowme, quhilk sa propirlie pertenis wnto ws, and spacialie lying in our dur, seing that this puir houss nevir profest thame selfis vther wayis to your (1), or ony of youris, bot to do all the freindschip and gud will that mycht haif lying in thair poweris to do at all tymes, quhen your (1) plesit to put thame to chairge, thairfoir I wiU maist ernistlie pray your (1) for sic pleser, ser- vice, and guid will, that evir may ly in my power to do your (1), that ye will of your guidnes do me that guid freindschip, and kyndnes, as to laif of fra ony ferthair persuit, or ony vther in your (1) name, of our propir and kyndlie rowme and posses- sioun, the quhilk I dout nocht bot your (1) will do ws that weill and profeit, as my hoip and traist is, and salbe, in your (1) in ' Probably for "wisdom." CORRESPONDENCE OF SIR PATRICK WAUS. 249 doing of the samen ; in respect I vnderstand that your (1) may bestowe your siluer vthair wayis, to als guid effect as vpone ony freindis rowme, that kyndlie pertenis to your self ; for it is of trewht, gif your (1) will do me that freindschip and kyndnes, as to laif of frome ferther suitting of that land, we will gett the samen better cheip be the ane half, nor it will be vnto ws, gif your (1) will insist, and luiking for your (1) assistance and freindschip heirinto, I will laif to trubill your (1) with langer lettir at this present ; and sua, desyring your anser of the sam with this berar, I commit your (1) in the protoctioun of almychty god. of Sanct Johnis chappel, this tent of Junii, 1582. — Be youris Q.) brothir to be comandit with service, Jhon kennedy. To the Eycht honorabill and my warie guid lord, my lord of Barnebarrach this be deliuerit. Letter from Margaret, Mistress of Ochiltree, to the Laird OF Barnbarroch, 15th June 1582. Brother, efter maist hartlie commendationis, having the com- moditie of the beriar, I haue thocht guid be this present to signifie to yow that I haue send chargis with mr alex'' kinross for delyuering the hous of Crugilton. Quhairfoir I will request yow to speik M"^ robert stewart thairanent, for gyf he will delyuer the samen with out farther preice, I haue commandit nocht to put the chairge to executioun. my lord tresaurar^ hes directit letters to intromet with the tenentis of the lordschip of quhithorne guidis and geir, quhUk is at the home to my in- stance ; Bot gif thai will mak payment of that, quhairof they ar addettit to me, I sail do guid will to cans my lord be favora- bill till ye rest of that geir. Vtherwayis, gif thai wiU nocht, I will not stay his lordschip to vse na extremitie aganis thame.^ nocht douting bot ye will gif thame your guid counsaU heir- 1 Earl of Gowrie. " See entries in three previous years in Meg. Privy Cown., vol. iii., for this dispute about Crugilton. 250 COERESPONDENCE OF SIR PATRICK WAUS. anent, and caus tham do that that may be maist for thair awin Weill. Sua luiking that ye will caus delyuer the money quhilk restit of our last compt to Mr alex',^ to wit vii'^ iiij merkis ; with my maist loving commendatioun to my ant, your bedfallow, desistis till new occasioun ; vntill quhilk tyme committis yow to the protectioun of god. fra edy', the fyvetene of Junij, 1582, Be your loving and assurit sister Margaret mestres wchiltre. To hir weilbelowit brother the lard of barnbarroch. Letter from Margaret, Mistress of Ochiltree, to the Laird OF Barnbarroch, 16th June 1582. Brother, efter maist hairtlie commendatioun, I ressavit your lettre, quhilk I understand that I wald ken hes summonit yow to here Lettres gevin upoun the gift of lord Eobert Stewartis escheit,^ the copy quhairof I have ressavit, and sail nocht faill to caus my man of law attend vpoun the actioun, quhen it is callit. Bot as yit I here nathing thairof; Bot I intend this Wedinsday to gar call the Lettres, and get me protestatioun aganis him, quhilkis I culd not do sonar, becaus my serviture, Mr Alex'' kinross, haifEng my lettres in keiping, hes bene in Dowglas sen the second day of this instant Junii ; at quhilk tyme I directit him to pas thairfra unto gaUoway with diligence; And sua I mervell that his nocht cumit as yit. Bot I under- stand be ane lettre ressavit fra him, the occasioun of his remain- ing sa lang in dowglas was becaus he was ressaving sum teindis of myne thair ; Bot he will nocht faill to be in galloway about the end of this oulk, at quhilk tyme I wUl pray yow to caus the tennentis mak payment" unto him, to the effect thai be nocht put to farther extremitie. Sua, with my maist hairtlie com- mendationis unto your bedfellow, committis yow to the protec- ' Kinross. ^ Lord Eobert was put to the horn on 9th June 1580 for not giving up Cru- gilton to her. COKRESPONDENCE OF SIR PATRICK WAUS. 251 tioun of the omnipotent, fra ed', the xvi of Junij, 1582. — Be your loving sister assurit to pouer, Margaret mestres wchiltry. Letter from Mr John Sharpe to the Laird of Barnbarroch, 29th June 1582. [Holograph.] My lord, efter maist harthe recommendatioun. To your letteris, quhilk I ressavit from the berar, I wrait ane anser Immediatele efter the ressait thairof being In effect that I lykit weiU of your Informatioun In this mater persewit at the instance of waiter kerr ; And I think it sail serve weiU to the purposs, quhen the principall causs sail be handiUit : Bot presentlie I think it best to excuse your (1) be our soueranis service, Sa that I trust that mater sail rest Till we may haiff conference, your boy hes bene taryit till now be the^ occation for seking of sum evidentis, the tikkettis quharoff ar left in the cof&ris ; sa Johne kenedy hes ressavit the keyis to be delyverit to your (1), for I am of mynde that, althocht euery ane of vs will vther credit That all thingis saU be done as honeste and dewtie requiris, we haiff bene In many hard suitis with the larde of lochinvar In thir materis of Glenluce;the particular quharoff wer langsam to writt ; And we thocht the lardis moyane to be gretar nor we supponit. And surelie mair strange nor your (1) will beleifif; Yit all m'ateris ar weiU persewit in the xx of nouember nixttocum. I am nocht certane giff your (1) sail Eessave this letter, becaus giff your L sould kepe tryist the last of this Justice heir at Edy'' according to your promeis. This letter man meit yow: be the way as ever it be, I rest to our melting ; Efter my hartlie commending to the lady, I committ yow bayth to the protectioun of the everlesting. ffrom Edy^ the penult of Junij. — Be your (1) at the vttermest to be com- mandit, Jo Schairpe. To My Very gude Lord my lord of Barnbarro Ane of the senatoris of the college of Justice. 1 "Word iUegible. 252 CORRESPONDENCE OF SIR PATRICK WAUS. Letter from John Kennedy to the Laird of Barnbareoch, 30th June 1582. My Lord, Efter my hartlie commendatioun of service, I haif resauit your writting, with vther sex messiueis, fra your servand gilbert pirrie, with tua keyis. your (L) sail Eesaue the anseris of fyve of your (L) writtingis. Your (L) wit M"^ patrik quhyt- law wes nocht In this toun this mony dayis, for he is out of office this lang tyme ; mair your (L) wit your servand wes haldin aganis his will Be the tutor, Becaus thay had daylie ado with the keyis for letteris getting of letteris, as the tutor and M"^ Johnne^ hes writting to your (L). the tutour hes tane out of the cofferis the pensioun of glenluce, with the letteris of bail- yerie, and the saising thairof, with vther thrie peceis; the numer of the haill is vi peice, As the tutouris writting beiris, put in the samen kist. as tueiching your woddis, I deliuerit thame to the cadger except thrie pece of gold, That wes In wod of threttie pund. The wyf hes haldin me four pund peice, and ane angell of gold ; the dukat I haif it, and sail deliuer the same to your (L). The woman alledgis thair is alss mekUl restand of stok and profeitt ; I haif the haill compt writtin be dauid your ser- vandis hand, and hir alledgance. I sail mak compt with dauid at meitting, quhilk salbe sone with goddis grace ; Bot glenluee makis ws ane greit hinder. Sibilla drummond hir actioun standis as it wes, and sick lick cumnokis and capreintoun. as for the kirk and curtissioneris, it is like to be war nor euer it was. The minsteris and certan of the Lordis to ressone the effairis of the kirk and minsteris, and could nocht agrie. The duke^ hes the bischop of glasgow^ In his cumpany In the ' Mr John Sharpe (see previous letter). 2 Duke of Lennox. ' Mr Robert Montgomery, minister of Stirling, had been appointed Bishop of Glasgow by the Duke of Lennox on the decease of the former bishop, Boyd. The General Assembly of the Church forbade him to accept the See ; and having appointed the Rev. John Durie to advise with the Presbytery of Stirling, pro- ceeded to excommunicate him (Montgomery) for disobeying them. Durie had taken an active part in the controversy, and had been before the Council for certain words used by him. In Calderwood's " History of the Church of Soot- land," we find, in p. 127 : "This same day (27th June 1582) John Durie was COEKESPONDENCE OF SIR PATRICK WAUS. 253 dispyte of the kirk, the duke hes purchest ane charge of the kingis (g) to benneis Johne durie.^ the haill kirk and minsteris had ane conventioun in edy"^ This last weddninsday, and hes concludit that Johne durie shall nocht he beneist, Say the con- trarie quha will; quhill thay be all beneist on ane day, quhilk day I feir salbe our sone. It is concludit be the counsall that thair salbe iustice airis in all speciaU touneis within Scotland In august nixtocum, all in ane day, with sick commissioneris as the king (g) will deput to be In euerie schire. wit ye Jone Durie is at hame Into his awin houss, as we knaw all, and sail nocht leif the toun quhill thai be Benneist all in ane day. Sen I writ the former part of this letter It is gart me vnderstand that Johnne durie sail leif the toun, quhill materis work better for trubling of the commounwelth, as is alledgit the xxviii day of this Instant, the tutour of cassilHs and the Laird of Lochin- vur hes bein In greit cumer. be the solistatioun of the Lordis the Laird of garvanmanis and the tutour is agrieit, and gervan- manis gane hame, and hes renoncit the suit of his actioun ; The quhilk the laird of Lochinvar is miscontentit with, nochtwith- standing of garvamanis renunsing the actioun, the Laird of Lochinvar is admittit to half entres contrer the tutour in the parsuit of this actioun for the abbot. And that becaus M'^ Johnne scharpe oursaw himself in admitting of the Laird of Lochinwar in the beginning. Beiand misadmittit be M"^ Johnne, the Lordis could not refuse it thairefter, quhilk crabit the tutour for ane day ; nochttheless on the nixt day the tutour hes pro- ducit xxi peceis of writtis befoir the Lordis, The partie nocht to charged by a macer to depart out of Edinburgh. Some brethren were directed to the Duke, to desire him to remove Mr K. Montgomerie, excommunicat, out of hia company, and to admonish him, if he continue disobedient, the Assemblie will proceed against him according to their Acts. He answered, ' Interrogate whether the King or the Kirk be superior ; that he had the command of the king and his council to intertaine him, and till he were contramanded he would not remove him. 1 Durie, on receiving the charge, had publicly departed, leaving his protest at the market-cross, and accompanied to the outskirts of the town by an admiring and sorrowing crowd of his brother ministers and others. — Beg. Prmy Coun., vol. iii., p. 489. 254 CORRESPONDENCE OF SIR PATRICK WAUS. half Inspectioun of the pecis quhill litill afoir the day, quhilk continewatioun is to the xx day of november nixtocum, and ane protestatioim admittit to the earle of cassillis and tutour ; gif thai half ony writtis that may help thair. causs it salbe hard at the day appointit. thair is nocht ane hat to be had of the sort your (L) wald haif. the Laird of bargany can get nathing done in his efFairis. I haif gevin your boy threttein s iiijd to his expenssis in toun. m'^ ro* creichtoun is deid, and m'' dauid makgill is enterit in his ofiBce. thir is all the last newis I haif presentUe. Haifing na farder ocation at this present, hot com- mittis your (L) to the keiping of the etemall god, with my hartlie commendatioun to the Lady, -writtin from edy^ the last of Junij. — Be yowris servand at power, Johne kennedy. [The outer sheet with the address is torn off]. Letter from the Earl of Goweie to the Laird of Barnbaeeoch, 6th August 1582. Brother, eftir maist hertly commendationis. At Last the Kingis Majestie, with auiss of his Counsall, hes resoluit vpoun the bald- ing fordward of the iustice courtis in this tyme of vacance, ap- poynting to euerie commissioun sic as he thinkis sail be maist bable for his seruice in that pairt ; having a verie guid opinioun of your self, as a man affectionate to further the pvneischment of offendouris, to quyet the cuntrey, and procure his hienes com- modetie. And seing a part of the relief of my greit and wechty burding^ consistis in your diligence and gud will, I will effectuously requyre yow to be myndfull thairof, And to be vpoun a reddines to pas fordwart to the iomey of the north, for balding of the courtis thair, agane sic tyme as my Lord of Thirlustane^ sail gif yow aduerteisment ; quho is presentlie tayreit vpoun sum courtis that the Duke* haldis be commis- sioxm, sua that I think ye may spend ane greit part of this moneth in your awin effairis, befoir he can be reddy. Alwyis I will pray yow to be on a reddiness as he aduerteisis, for, as I ^ He was Lord Treasurer. ' Sir John Maitknd. ' Duke of Lennox. CORRESPONDENCE OF SIR PATRICK WAUS. 255 put yow Immlie to paynis, sua sail ye fynd me na less reddy to do tor yow, quhairin my trawell and paynis may awaill. The Court of Drumfreis is continewit to the xx of October, quhair my Lord of Arran^ is appoynted to be lieutennant, sua that ye will haue sufficient tyme to aceompleiss your iorney in the north, and returne thairto agane in convenient tyme. I res- saued neuir word frae you sen your hame passing, albeit I wrait laitlie fra Edinbrucht with ane boy of your awin ; bot I vnder- stude be the clerk register that ye past to Drumfreiss, beleifand the Court had haldin thair, quhairof I was sorie that ye suld haue maid sic waist trawell. the clerk Eegister sayis that the letteris come ane moneth eftir the daitis thairof to his handis. The Kingis Majestic is heir presentUe at my houss, and pas herfra ane of thir tuo dayis to Athoill to the hunting, and is to be ewist ^ they partis, and about Glasgow, befoir the end of this moneth. All thingis heiraway continewis in gude quyet ; And sua hertlie desyring to vnderstand of your weilfair, I ceiss for the present. Committing yow to god. At Euthven, the sext of August, 1582. — Your lowing and assured brother. Gowrye. To our brovdyer the Layrde of Barnbarrache. Order from the King to attend Justice Courts, 8th August 1582. Traist freind, We greit yow weill. having with avise of Counsale resolvit baith anent the following furth of the Justice Courtis in this tyme of vacance and appoynting to everie com- mission sic as we think maist hable for that service, We have maid choise of yow to that effect, as ane affectionat to forder the punishement of offendaris, quyet the cuntrey, and procure cure commoditie. And thairfoir will desyre yow rycht affecteously to accept upoun yow the commissioun, Awayt thairon, And do quhat lyes in yow to the furtherance of the work, as ye will do ^ James Stewart, second son of Lord Ochiltree. >* Ewest, near. 256 COKRESPONDENCE OF SIR PATRICK WAUS. US hartlie pleser, and gude seruice. Thus we committ yow to God. from Ruthven, the viii of August, 1582, James E. To oure traist frynde the Laird of Barnbarroch ane of the Senatouris of our College of Justice. Letter from the Eael of Goweie to the Laird of Barnbarroch, 10th August 1582. [Holograph.] Broder, efter maist hertly commendatioun, I resauit your letter from the berar, being at ruthwen, this frydday att nycht, quhairby I persaue quhat furset traveU ye haue tain att dyveris tymes, and speciallye now, for keipping of the dyet appointit for balding of the airis of the northe, for want of aduertisment in tym convenient, quhilk procedit nocht altogidder of my negligens, as ye suspect, bot for lak of resolutione in dew tym be the kingis ma'™ cunsell, quha lut the dyettis approche sa neir, as it wes impossybill to giff aduertisment of the contenua- tions in convenient tym. And howsoun I vnderstud certenly that my L duk hed travlit for my Lord of thrilstanis stay vpone his effar, I writt to yow Imediatlye to stay att haym to sic tym as he suld gyff yow aduertisment to cum fordward, quMLk wretting I persaue is nocht as yit cum to your handis : ther wes ane letter of the king mat^= also send therwith. I wyst nocht quhill the day that the Duk departit fray this, that he wald stay my (1) of thrilstain vpone his turnis, bot I am sorye that ye suld mak samekill waist travell, besyd the expensis, quhilk gud reassone wuld, suld be rememberit, and sail nocht be onre- compensit on my part, ye may on na ways be sparit fray that Jurnay, bot for the tym that thei curtis suld begyn, and quhat speciall day, I refer that to the resolutione of my Lord of thril- stain, and the clerk of reg'i^ with quhom I think meit ye confer thervpone, becaus I am nocht abill presently to resolue yow heirin, and am incerten how lang or short the duk sail occupy my L thrilstain in his efifaris.. Bott I luk to your labouris and trawell to be releuit of sum COEKESPONDENCE OF SIK PATEICK WAUS. 257 part of the grett dett I haue tain on for the kingis ma'™ frindsing^ and serwice, quhilk I sail nocht be vnwilling to acquyt, as I may haue the commodite to do yow pleser. And sua for the present I commit yow to godis almychte protectione. At ruthwen, this X of august. — Your Lowing and assurit broder at pouer, Gowrye. To his weilbelowit broder the Laird of barnbarrach Senatour of our souerane lordis College of Justice. Portion of Letter by Mr John Young, Minister at "Wigtown, to the Laird of Baenbaeeoch, 21st September 1582. [Holograph.] I man stik with thes wrange, as I haff done with mone mair sen I cam heir, for strangeris, allthoght thai be off newir sa greyt athorite, ar nocht regardit in this place. And trewlie, my lord, I thoght that no man suld haff shuvin^ him a better freind to me, nor your serwand richard Campbell, quha, althoght he hed nocht bein baillye, yet In respect that he ves your (1) Serwand, he acht till haff diffendit my Just cawss. bot Surle, my lord, I had nocht a greitter enneme than he. for besydis the InJurus wordis that he spak to me, he wald haff fochtin In - diffense off that woman aganis me, as the provost and the town clerk can testife : bot I man tak his doinge as a punisment from god, becawss I haff borne sa lang with his smaikre^ and hurdom wnpunisit; And now, my lord, besydis the wrangis Sustenit, the* haff spullyet my howss, and takin avay Sindre geir; for the* brak owp the doweris, and hes spulyat and takin avay Sindre thingis, to my greyt losse and hurt, quhairfor I dissyr your (lo) to hellp me to get remeid off thir InJuris, for I haff nayne wther to complein to bot to god and yow. forder It Is lattin me onderstand that thair Is a certan nar- ratiwe maid to your (lo), that I haff maid Sum alterration In ^ This may be for " friendsohip " — frennesin, frenzy, or frennezie, a trifle, would not make sense. It is perhaps for an old form of the word ' ' furnishing. " ' Shown. ' Roguery. * They. E 258 COEEESPONDBNCE OF SIR PATRICK WAUS. the place, tuchinge the gabill Chamber, your (lo) sail wit I haff done nathinge hot renewit sic thingis as was In danger ; for quhen WOle Culloche departit he left that dour oppin, quhairthrow the beddis sydis, and loftein/ was stollin, and takin avay. besydis this It ves all revin^ abone, and the loftis and gestes* rottin, as your (lo) sail persave at metinge, and all thingis that I haff renewit ar In place, for quhow I resavit that place patrik blajne* can testiffe. nocht els, hot comitis your (lo) In the protection off the almychte, and lulds eftir your anser. from vigtown, the xxi off September, 1582. — Your (lo) at comand In the lord Jesus, Jo" Yownge minister at vigtown. To his belowit Master In the lord Jesus My lord off barnbarache. [The Rev. John Young seems to have been recently appointed minister of Wigtown (see p. 236). It shows the lawless- ness of the times that the manse should have been plun- dered to the extent he describes; and we note that box- beds were in use, as he complains that the "beddis sydes" were stolen. We shaU hear of the Eev. John Young again.] Letter from John Blane (?), Procurator for the Town of Whithorn, to the Laird of Barnbarroch and the Prior, 20th October 1582. My lord, efter owr werray hartly commendationis of sarwis. It wDl pleiss your (U) till wnderstand the complant of the twa part of our thoun, that it is spoikin in the thoun that your (U) send this day awht dayis your (11) commissioune for the electiqun of oersmen to our thoun, the quhOkis your (U) saU kend was wroht prewaUy, and that without our adwyissis, quha suld haif bene requirit to the sam, geif reycht had bene kepit, efter the 1 Flooring. ' Eiven, split. 3 Joists. i Proyost of Wigtown. COEEESPONDENOE OF SIE PATRICK WAUS. 259 awld ordour, and wss of our thouu. quhairfor we hartly dissyr your (11) to send your (11) commissioune to wss for the cheissying^ of our oersmen, in respeik we ar the eldest, and moniast in to nowmyer,^ ,quha newir knew your (11) commis- sioune, nor newir our wottis* requerit thairto, in respeik of the quhilkis it vill pleiss your (11) to send your (U) ansuir agane in to writ with this berar, and we sail hartly obey your (11) com- mand, conform to awld wss and vont. nocht ellis at this pre- sent, bot committis your (11) to the protectioun of the etemaU. from quhithern, the xx day of octobar, a" 1582. — be youris at all power, Jhone blane procuratour for the thoun. To the rycht honorabill and worss schoffuillis* our maister the prior of quhitthern and to the lord of barrinbarroht his (U) Iconymus. [The writer of the following letter was the Chamberlain of Whithorn. At this time the Laird of Garleis had two sons, Anthony, and Eobert, who seems to be by this identified with the Chamberlain.] Letter from Mr Eobeet Stewaet to the Laird of Barnbareoch, 10th December 1582. My loird, Efter maist humile commendation of seruice. It will pleis your (1) I rasauit your (1) letter fra pate stratoun the tend of this Instant, remembering me of the promes, quhilk your (1) made to antone and me at youre Q) departing, tuching the ladie garleis effaris, and that youre (1) had nocht rasauit ane anser. the fait wes nocht in me for laik of remembrance. I oft and euery tymes put the ladye in remembrance, quha wes forgetful of the samen. and siclyik your Q.) desyrit me to send youir (I) iij or iiij° libs ; as I sail anser afore god I haue nocht rasauit of aU the fywe kyrkis fouxtye merk as yit, nochtwythstanding god ' Choosing. ^ Number. ' Votes. * Worshipfulls, 260 COEEESPONDENCB OF SIR PATRICK WAUS. willing I sail send youir (1) wyth pate stratoun aganis the xxi or xxii daye of this moneth iij c lib, and quhowsone I can get in the laife, I sail send it to your (1) aye as T can haue it. anentis the assumption of the to heddis ^ I haue nocht intromettit wyth it, nor will nocht onto the tyme youre (1) sendis me aduertis- ment, and commission to intromit wyth it. Alss anentis the ladye garleis and youre (1) ladye spak to get her this last monin- daye in wigtoun, anentis youre (I) hesines and hirrs, hot youre wyfe cold haue na resolute anser, as scho will aduerteis youre (1) Mrs elf. I porteand nathing hot driving ^ of tyme, thairfor youre (1) will do as youre (1) thinkis best. I am onder grit suspicion wyth the ladye for youre (1) causs, quhareof I tak litill sussye;^ I sell do the diligence I can to satisfye youre (1) to youor (1) contentment, forder it will pleis youor (1), youor (1) departit of wigtoun the ix of november. on the moirnin efter youor (1) departing I raid to quhitorne, quhair thair wes ane court haldin be andro dunbar, prowost, Johne Stewart, and Jhonne gowne, balyeis, peter M^Uwyame, clerk, wyth Dauid dunbar, Johne blane, Johnce clugstoun, robert lyndesaye, bartle hawthorm, wyth utheris diuersis. gife youor Q.) misteris * ma namis, I sail send yow aneu ^ in writ, as youor (1) aduerteis me, the laird of garleis come to the towne that daye, to the sam- min effek, hot yeid nocht to the tolbuyth, quharefor I will praye youor (1) nocht to ourse* the prior of quhitornis preAoleges. youor (1) onderstandis bettir quhat is to be done in this mater, bettir nor I do. anentis the yeirdis of the place, thare ar thai. Imprimis the prioiis awin, now occupiit be robert lyndesaye, ane vther callit the smyddie yaird, in dene Adames handis ; ane yaird in Johnne Stewart the channonis handis, ane in dene georgis handis, ane vther, callit dene Thomas yaird, in dene Adames handis ; ane callit dene william cranstonis in dene adamis handis ; ane callit dene Eauffe poirsonis, in dene Adamis handis, and tua in Johne gowinis handis now, wyth the wter clois and hill croft, quhilk Jame parker occupiit. all thir the laird thinkis to dispone vpon, and gefe to his millaris, and (an) 1 Not known. ^ Patting off. 3 Care (Fr. soufi). * Needs. « Enough. s Oversee, i.e., overlook. CORRESPONDENCE OF SIR PATRICK WAUS. 261 remeid be nocht fund in tyme, the millis now gangane and grindin daylie ; quharefor I praye youer (1) to fynde remeid in tyme, for all thir thingis, and qnhat youer (1) will do adverteis me, and it salbe done efter my power, wyth all wther seruice that lyis in my power, nocht trUbling youer (1) wyth fordir letter for the presentis, committis youer (1) in the protection of god. of wigtoun, the ten daye of december, 1582, Youer (1) humile Serwand M Kobert Stewart. [The outer sheet with the address is missing.] Bond by Ninian Adair to Eestore a Silver Gilt Basin and Laver, 17th December 1582. I, Ninane Adair, younger of kinhilt, be the tennour heirof, grantis me to haue borrowit and ressauit fra ane honorabill man, maister patrik vaus of barnebarrocht, ane siluer basene gilt about the ageis,'- weyand sevyne schoyr ten vnss,^ and ane lawer of siluer, siclyke gilt about the ageis, weyand to be layit be me in plage ^ of certane sowmes of money for diuersis my vrgent and necessar effairis tending to my utilitie and proffeit, Thairfoir I faythfuUie bind and obliss me, my airis, executouris assignayis, and intromittouris with my guidis, and landis quhat- sumeuir, to rander, and redalyuer the saidis basene and lawer of the wecht foirsaid, and as guid as I now resaue the samen, to the said maister patrick, his aris, executourisy and assignais, betuix and the last day of Januar nixtocum, but * langer delay, fraud, or gyill,^ vnder the pane of iii" libs pundis vsuale money of this realme, to be payit to the said maister patrik and his foirsaidis In cais I faUyie in the premisses, and vnder the pane of tinsali ^ of honestie, honnur, and credeit for euir ; And heirto I faytfullie bind and obleis me, and my foirsaidis, in the maist suir maner and styiU of obligatioun can be devysit, Eenunceand all remeid and exceptioun of law may be perswit in the contrair. 1 Edges. " Oances. ° Pledge. * Without. « Guile, " Loss. 262 COEEESPONDENCB OF SIR PATRICK WAUS. And for the mair securitie, gif neid iDeis, I am content and con- sentis that thir presentis be insert and registrat in the huikis of counsale, and ane decreit of the lordis thairof interponit thairto, with letteris and executoriallis of homing and poinding to pas thairvpoTin at the plesor of the said maister patrik, and the horning to pas vpoun ane semple chairge of thrie dayis warning allenarlie ; And for registering heirof makis and constitutis and ilk ane of tham coniunctlie and seueralie my irreuocabill procuratouris, committing full power to thame to conpeir befoir the saidis lordis, and consent to the registering heirof in thair buikis in maner foirsaid. Promittens de rato, &c. In witnes of the quhilk thing I haue subscryuit thir presentis with my hand as followis, At Edinbrucht the xvij day of december, the yeir of god Im v° fourscoir twa yeiris ; Befoir thir witnessis, dauid for- gussone, dauid kennedy, vyth vtheris dyuersis. Niniane adair of kenhelt Youngar. [There are no signatures of witnesses.] Eeceipt by Alexander Kinross for 500 Merks, paid by Sir Patrick Waus to Margaret, Lady Ochiltree, 26th December 1582, I, Mr Alexander kinross, grantis me to hawe Eesawit in name and behalf of margarett maistres of Vichiltrie, fra the handis of m'' patricke wauce of barnbarroch, the sowme of fyif hunderith merkis, guid and vsuaU monye of this realme ; And that in parte of payment of hir pensione, assignit to hir be the kingis ma*'° of the thridis of the pryorie of quhitterne, of the crope fouirscoir twa yeiris, Be this my tickitt of rasait, subscryuit with my hand at edy', the xxvi day of december, anno 1582, Befoir thir witnes, Dauid kennedie, Johne wauce, seruitor to the said m"^ patrike wauce of barnebarroche, patrike kennedie, and James brvme, seruitor to the said m"^ alex\ Maister Alexander kynross with my hand. COEEESPONDENCE OF SIR PATEICK WAUS. 263 Written below — May' 1 delyuerit be arch' braidfutt XL lbs. Item, for the fev maillis anno 1582 ij° ix merkis. And alsua restis the fev maillis an Lxxxi Lxxxiij and Lxxxiiij. Sua Is may"^ payitt no"^ the xx" merkis Lxiiij merkis v ss ijd. 1*" iij° XV libs xiij ss Id. On back — M'' Alex' Kynross acquitance of v" merkis. Letter from Alexander M'Kie, in Whitehills, to his Father-in- law, the Laird of Barnbarrogh. Jesus. My Lord, efter my hertlie commendatioilne, forsamekill I half resauit your (1) anser^ and parsauis the affek thairof, and quhair your (L) vrettis at ^ my vyif and I hes desponit that siluer to yow vnder forme of contraik, it is nocht sa, for I agreit vith the Lard thre yeir or euer I entrit in contrak vith your (L), and nochtwithstanding at ^ I disponit all thingis be contrak at ^ my vyif culd craif be deseis of hir fathir ; yit nocht the les it makis your (L) na rycht to craif that thing at^ I had disponit, and greit^ for, long or* I maid bargan vith your (L). alwayis I haif gottin na furmall anser, bot be solistrie ; * thairfer I desyir your (L) yit as befor to send me ane anser in vret vith the berer quhidder ye viU craif that to apartene to your (L) or nocht, for, and * ye do, I vill leif of the seiking of it be the Law quhill god send me bettir tyme : alwayis as I vret afor, it is mair nor my luiking at ^ your (L) suld craif or seik ony thing that sa justlie apartenis to me, in respek I craif na thing that yov apartenis, albeit I haif bettir ground to craif than your (L) hes to that. And quhair your (L) vrettis it var bettir to me to seik • Mair, more. ' That. ' Agreed. * Before. = Solicitation. « An, if. 264 CORKESPONDENCB OF SIR PATRICK WAUS. it be the Law nor in thair dispyit/ as for anser I vill deny na thing in that causs at ^ I haif vrettin ; hot as to seik the Law I vill knaw hettir sarta(ne) of your (L) part nor I do or ^ I truhill my * vith the Law, for your (L) voit is our gret * in our commisser agane me. And quhair your (L) vrettis that ye will maist hartlie treist ^ me at ^ your (L) may haif ane end of your besines and myne, as for anser it aperis to me that your (L) scornis me now, quhen ye suld vret sa ; for that is the thing at ^ I haif euer bene, and laborand bayth my self, and all at ^ I vnderstand had writin to yow, and vas euer the farder abaik the mair suit I maid to that effek; yit nocht the les I am content yit as offor ^ to fulfill my promeis bayth be vourd and vret, provyidding the Lyik be don to me quhen and quhair ye think guid, for it is the thing I haif bene ever seikand at aU tymis. and quhair ye desyir me to fyind na fait with your (L) to seik the Law, nor to haif your (L) end on ane fryndfull maneir, as I am content to do, and beleiffis the Law vill bryng yow to better poynt nor ane fryndlie dres ; seik out that courss for me, for I man abyid it, and meit as I may ; for it may pleis god eftervart I may present myself to the Law, albeit your (L) trovis ^ to get ane step of vantaig of me now, as vtheris dois. Alwayis your (L) sail neuer haif ane just motewe ® to seik me, owther in the Law or by the (Law) gif resoun may taik place, botsallLeif ^^ in that astait to do yow honour andsaruice, and^^ ye vill exsep ^^ it ; vthervyiss I may byid your (L) about quhill ye think tyme to do better ; and your (L) anser in wret vith the berar. be youris assurit to my vtir pouer, and " the vyit ^^ be nocht in yow or ^ your (L) vret to me. AUex"^ m'kee in quhythUlis. To my father-in-Law the Lard of Bambarach. ' Despite. 2 That. 3 Before. " Word omitted, ? self. « Vote is too great. « Tryst, or rather trust. ' Of before. 8 Trows. 9 Motive. " Live. 11 An, if. 12 " Wyte, blame. Accept. COKKESPONDENCE OF SIR PATRICK "WAUS. 265 Letter from the Laird of Garlies^ to the Laird of Barnbarroch, probably 1581 or 1582; My Lordj efter my bartelie commendationis, forsamekle I rasauit your wreting frae Jhone M'gown, and hes considerit the affec thairof ; for the quhilk I thank yow hartelie of your gud win and kyndes, schawn to me in my Last bessines, that I haid ado befoir the Lordis, in the quhilk ye salbe asurit of my gud win in quhat I may plesour yow. and as conserning our awin besines, that is betuix yow and me, that salbe done at my cuming to the toune by frindlye appuntement. ffarther I half spokin with Alex"^ m'kie sen I resauit your Last Wreting, and hes reprevit hint werie hardUe for the wreting that hie wreit to the Ladye your wiif, quhen schoe wais in glastone, quhilk wreting offendit hir, quhairthrow schoe hes tane seiknes : bot eftir my haird repref he excusis himself that he menit na evill to hiTj bot hie thocht that schoe micht half done mair to agreit yow and him nor schoe did ; and further sae far as hie offendit to hir, hie sail mend the same to hir honour and con- tentment; quhairfoir I may desyir yow, as ye will do me plesour, to foryeit this Last offence done by him onto your weif ; and onye other thing that is diferend betuix yow and him, I will cans him agrie with yow according to resone, and to your awin contentment, sae that ye will stand his gud frend now in to the tyme of his trubiU, and help him to bie the kingis sudjet,^ and to bie freid of this ascheit, that harie stewart hes gottin ; and this I will prye yow to do ; albeit ye wiU nocht altogather do for him, sumthing ye main do for my desyir, quhilk with tyme ye sail nocht repent bie godis (g). I praye yow help this mater sae far as ye may, and ye sail nocht think it _evill doune. I will nocht cumir yow with Langar letter, bot it will pleis yow to kit me knaw of your newis of couirt, and in special! how materis standis betuix my Lord duk and the erll 1 This Laird of Garlies Was the son of Alexander Stewart of Garlies, younger, who was kiUed at the surprise of Stirling in 1671, and his wife Catherine, daughter of Lord Herries. His grandfather. Sir Alexander Stewart, lived till 1590. * To be relieved from outlawry, or " get remission." 266 CORRESPONDENCE OF SIR PATRICK WAUS. of arrene.^ sae hafing nae farther occation, witli my hartelie commendatioTiii to the Ladye your woif, I commit yow to god. frome mynygaif, the xviii day of december, Bie youris assured gud frind at my power. Garleis. To the Bycht hono" and his assurit gud frind the Laird of bamebarroch this delyuer. Letter from Mr Robert Stewart to the LaIrd of Barnbarboch, 26th January 1582-3. My loird, Efter maist humile commendation of serilice. It will pleis youer (1) I rasauit youer (1) letter, desyring me to send furth siluer to youir (1) wyth the ladye^ quhen scho cumis furth, quhilk god willing selbe done. I sell leife nathing behind that lyis in my power, praying youir (1) to send me youir (1) counsell . quhow I sell do wyth the maistres of wcilltre,^ quhom of I can get na payment, noder for hir landis, nor for that thing scho is awin me ; and siclyik anentis the xx aucht bollis of wictuall of clymadde, quhilk the laird of garleis Intromittis wyth ; youir (1) knawis weill the laird of garleis bieris ^ querrell aneuch to me ellis, and aye the langer the maier, and I wait * newer quharefor. I beleue he sell nocht cum fuxth at this tyme, as youer (1) will onderstand forder be my ladyis writing anentis the towne of quhitorne, thai vse thame self&s on still as thai did, nocht re- garding my loirdis preweleges, and rasauis resignationis, and gewis sesingis daylye, quhUk is hurt to my loirdis prevelege ; thairfor I thoct guide to aduerteis youir (1) of sic thingis, quhair throw youir (1) micht fynd rameid for the samen. Alss it wiE pleis youre (1) the auld ladye garleis ^ is at greit disease ; and 1 James Stewart was created Earl of Arrau 22d April 1581. The Duke of Lennox and he conducted the government till the Ruthven Raid, on 23d August 1B82. Arran returned to power in 1583, and continued till his fall, in July 1585. In thia second period Ludovick Stewart had succeeded his father as Duke of Lennox. 2 Ochiltree. " Bears. 4 ^gj^ j^j^^^^ ^ Catherine Henies, Lady Garlics. OOERESPONDENCE OF SIR PATEICK WAUS. 267 hes bene this twenty dayis liand in hir bed. I feir hir mekle, scho is werraye ewiU in secknes, as this berar will shaw youer (1) forder, quhom it will pleis crediit. nocht hawing occasion to truble youer (1) wyth forder for the present, committis youer Q) in the protection of god. of wigtoun, the xxvi day of Januar, 1582. — Yower (1) humile Servand, M. Eobert Stewart. [The outer sheet with address is missing.] Letter frora to the Laird of Barnbarroch, 1582-3. My lordj eftir hartlie comtnendationis, plesit vit that archbald mvir in areowland ^ hes vpliftit and ressauit fra alexander mak- culloch, John makculloch his sone, and andro ascheland, my tenentis of elrig,^ my ferm corn, and atis,^ of elrig, of this crop, Lxxxij yeris, and xi li of money, quhilk I haif in contract of umquhill Ser Johne Dunbar of mochrum, knycht, for all the dayis of my lyftyme ; quhilk contract is registrat in the buikis of counsaill, and maister Johne Scharp, and his seruand, hes the extract thairof in his keping, and thai haif refusit me, and tane him to thair maister. he hes siclik tane possession of my half of areowland mylton heretabile pertenyng to me, and mantein- ance of Johne acoltrane, and thomas makcalmont, tenentis thairof, and for his possession of the samyn hes lyftit thair fassevin ^ hennis * of this instant yeir, and sae he is like to wrak me aluterle,^ without haisty remeid be found aganis him, and the foirsaidis tenentis; and to this effect and purposs I haif instantle writtin to maister Johne scharp, my greit frend, to rais me letteris to call the said personis befoir the lordis for my dwiteis, with Inhibition, and arrestment, vpon the saidis personis, for thai ar instantle selland, disponand, and puttand away thair guidis and geris, in defraude of me and yow. for 1 AreoUand farm and Eldrig farm, in Mochrum parish. ^ Oats. * ? Fasterns even. * Hens. ^ Utterly. 268 CORRESPONDENCE OF SIR PATRICK WAUS. your (1) knawis I will gett na Justice of him ^ in this cace, and in force man persew thame befor the lordis, quhair my pro- curator will get audience to dilait his purposs. Quhairfor I pray your (1) that ye wuld send for the said maister Johne, and avise with him on thir purpossis, quhat is the nixt best and newest way to meitt thir wrangis and oppressis, and help to haif the berar att me with all possibUl diligence, and your (1) anser in writt. and sua committis your (1) in the protection of the almichtie. of E. [The signature and address are both cut off, as well as the date, but as it is about the crop of 1582, the letter is entered here.] Letter fi?om the Laird of G-arlIes to the Laird of Barnbarroch, 5th Tebruary 1582-3. My lord, Eftir my hartlie commendatioilnis, fforsamekle I haif writin to yow diuerss tymeis for the continewatioun of Eobert Lyndesayis besenes betuix your (1) and him To my out cuming, quhUMs sould haif bene the last of January, gif my mother hade keipit tryist ; And seing that my mother and I keipit nocht that day, I will desyir your (1) that Eobert Lynde- sayis besenes may contenew to the xx day of this instant february. And that becaus my mother and I hes appoyntit the said day to meit iu ed'^ ; at the quhflk tyme, god wiUing, I sail be thair, and he with me, quha sail satisfie your (1) vther wayis by the laweis. At the sycht of freindis. As for aU our awin besenes, the ladie your wyfe schew me that scho wrait to yow for the contenewatioun of thame to the forsaid day. This nocht douting bot ye will contenew all the actionis as I afor said. Sua, for the present nocht mening to trubil yow, I comit yow ' Archibald Muir. COEEESPONDENOE OF SIE PATEICK WAUS. 269 to god. from quMthem, the fyft of february, 1582. — Your gude freind at power, Garleis. Aduerteis me of sic newis as ye half presentlie. To the rycht hono" And his gud freind The lard of Barnbarache. Letter from the Laied of Gaelies to the Laied of Baenbaeeoch, 23d February 1582-3. My lord, eftir my hartelie commendationis, forsamekill I ame Informit that the serif callit robert lyndsay, for remowing fra youir Landis of crugleton cawendis, quhairof I maruell, seing I wret sae aft to your (1) to haue contenowit this persuit onto sik tyme as I haid spokin with you ; at the quhilk tyme hie sould haue satisfeit your (1) bye the lawe ; in respek quhairof, gif it may stand with your plesour, I will desyr yow yeit, as of befoir, to contenew him quhill ather I may spek with yow, or dther- wayis quhill your awiu cuming in the cuntrie ; at the quhilk tyme hie hes promesit me to do all that may plesour your Q.) in ony kynd of sort according to reasone. this I think tynis nathing to yow, hot onlie the continwention for sae lang at my desyir, quhilk I beleif ye will do, Lyk as I salbe reddye to do the lyk plesour to yow, or ony of youris, quhome it sail pleis yow charge me. alss it wUl pleis yow to wit that I wais sum- moned bie mindork to gif my aithe de calumptnia for my fatheris sesing of dalsuontone, glessertone, and clugstone, to the xxuij daye of this instant fabrurary ; as also I wais sumoned for remowing frome challacheblewin, and roucain. eftir the sumondis was execut frjpdis trawelKt betuix me and him to continew the calling of thame quhill the laist of marche ; at the quhilk tyme I intend, god willing, to be at yow, that we may confer vpone aU our awin materis. this mekiU I thocht gud to aduerteis yow ; suae for the present I wiU nocht trubell yow 270 CORRESPONDENCE OF SIR PATRICK WAUS. with forder, bot it will pleis you aduerteis me of sik newis as ye haif of cort; suae I commit yow to god. frome glasertone, the xxiui daye of fabriwary, 1582. Be your assmit gud frind at power. ffarther ye sail ondirstand that Jhone M"gown was schawand me that ye and he was in sum other conferance of ane other purpoiss, quhnk I leife to your awin remembrance, for I will nocht wret itt. ye knaw quhat other purpoiss ye and he wais at, quhen ye and hie partit for ane purpoiss betuix yow and me, quhilk I beleif ye and I sail agree on. ye haif sumoned me to the XV daye of marehe for reduction of the auld Ladies tack, quhairof (I) maruel, for I haif nae entress with it ; quhairfoir I desyir yow nocht to call me for that cauiss, Garleis. To the rycht hono" and his gud freind the lard of Barnbarrache. Letter from Mr Egbert Stewart to the Laird of Barnbarrogh, 19th March 1582-3. My lord, Efter maist humile commendatioun of seruice, It will pleis youer (1) that the laird of myrton and I is aggreit anentis the few of Wig, for the payment of fywe hundreth merkis; quhairfor, gif youer (1) wUl tak him for sa mekle, as I believe he has written to youer Q) to the samen effek, youer (1) will aduerteis me thairof wyth the fyrst that cumis betuene; and gefe youer (1) wiU nocht, I selbe at youer (1) betuene and the fyftene daye of Aprile nixtocum wyth all the , siluer that maye be haid in the meyntyme, as the ladye will schow youer (1) at mair lynth, quha wiU schow youer (1) forder of my mynd. I haue oft trawalet wyth the ladye garleis anentis youer (1) efParis and birris, and fyndis nathing wyth hir bot driwing of tyme, and sayis scho dar do nathing for the laird of garleis, quha is trawaling still wyth hir anentis the tak ; bot I fynd litill help wyth him towardis hir in ony thing sho hes ado, thairfor I praye COERESPONDENCE OF SIR PATRICK WAUS. 271 youer (1) to fynd na fait wyth me. I reffer my part to youer bedfallow, my ladye, quha -will declaire youer (1) the effair I stand in betuene the laird and the ladye. I writ to youer (1) anentis the maistres of wchUteris payment, quhareof I can nocht get payment, and siclyik anentis the xxviii boUis wictuall of clymadde, quhiUs the laird of garleis intromittis wyth; yit I praye youer (1) to aduerteis me quhat I sail do in the samen, for I luik for youer (1) anser agane or I do onye thing, reffer- rane the rest to youer (1) aduertisment, and my cuming to Edinburgh, committis youer (1) in the protection of god. of wigtoun, the xix of merche, 1582.^ Youer (1) humile serwand. M, Eobert Stewart. [Address torn off.] Discharge by George Douglas, Younger of Borgue, to the Laird of Barnbabroch, 8th April 1583. I george dowglas off Borge, grantis me to haif rassauit be the handis of ane ho" man, Mr patrik waus of barnbarroche, the soume of fyve hundyrrethe merkis mony, and that in compleit payment of the said soume of v" merkis, contenit In ane con- tract maid betuix the said Mr patrik and me, for the analiena- tione of the soume of fifte merkis be yeir ovit of my saidis landis of borge, ay and quhUl the said fyfe hundyrrethe merkis be compleitHe payit be redemptione of the saidis landis fra the saidis Mr patrik and his airis ; quhilk contract is of the dait at Edy' the xxvi day of merce the yeir of god Im v" Lxxxiii yens ; of the quhOk soume of fyve hundyrrethe merkis I hald me vail content and payit, and thairfor exonoris and dischairges the said Mr patrik, his ayris, and exo''", for now and euer, be this my acquitance. Subscryvit vyth my hand at Edy' the viii day of aprHl, the yeir of god Im v° lxxxiii yeris. befoyr thir witness, Dauid kennedye adam kaythcart, and John fairlie, broodyr german to the laird of braid, vyth vtherss dyuerssis. George Douglas younger of Borg vith my hand. [The above shows that George Douglas has borrowed 500 272 COERESPONDENCE OF SIR PATRICK WAUS. merkis from Barnbarroch on the security of the rents of Borgue at 10 per cent.] Letter from Thomas Dicksone to the Laird op Barnbarroch, 29th April 1583. •My lord, efter maist hartUe commendatioune, It will' pleis your (11) that Eichard campbeU, your (U) factour, hes schawin me that ye hawe vrittin to him to varne me frome the harbour fuird, quhilk my wyf hes bene veray kyndlie to this Lang tyme, and hes bene in possessioun of the samyn, scho and hir husband, and your (11) is weil payit in tymes bypast, and your (11) knawis that the tyme of varnyng is now past, and albeit it war nocht past, considdering our payment is als thankfull as ony vtheris, we think your (11) will nocht remowe vs. Eefering the rest to your (H), And god keip yow. ffrome Wigtowne, the xxix day of Apryle, 1583. — Youris at command and seruice, Thomas Dicksone. To the Eycht honorable of Barnbarrache Lord of sessioune. [Thomas seems to have married a widow, who was kindly tenant of Barbourford, a name not now known in the district.] Letter from to the Laird of Barnbarroch, 23d May 1583. My Lord, efter maist heartUe commendatione, I haiff send yowr (1) the forme of yowr awin Infeftment, quhilk your Q) may considder, and vse sick expeditione thairanent as semis unto yow gude ; for this is the forme quhilk I think maist expedient for yowr securitie. I haiff alsua send yowr (1) the tak off the teindis of the yill,i with ane letter direct to. the prior,^ and ane 1 Or thill, perhaps hill. s Of Whithorn. CORRESPONDENCE OP SIR PATRICK WAUS. 273 vfher to m' robert stewart,^ with the deliverance off the quhilk I man burdene your (1) at the perfyting off your awin materis. I belieue my lord wUl mak na difficultie to grant my sute, and I esteme aUsua that m'' robert salbe ana helper. I haiff alsua rasit summondis vpone the tennentis of the yiU ^ for removing, quhilkis it will pleis your (1) caus be execut vpone vi or x dayis warning and caus insert the day of comperance at your awjn discretione in the principall, and in the copeis, and lat the lettres be sent agane befoir the day. I man borrow the infor- matione of the lard of mintois infeftment, quhilk your (1) hes, in case ony argument be opponit contrar me in that behalf; it salbe send agane sasone as the samin salbe sckawin. The sub- scriptionis of the convent ar necessar to my tak, giff m' robert mak ony difficulte to purches thair subscriptionis, I haiff writtin to the lade, your bedfallo, to anser ony of yoiu' awin seruandis of sik compositione as ye think gude ; for thay ar myndfull men, and I wiU spar something vpone thame at your Q) discre- tione. we haiff na noveUis, bot the king hes begun his progress, quhilk as we esteme sail Uocht be endit befoir the saxt of august, we haiff ewere day heir fresche newis of blude of our cuntremen, and we har of ane massakir in the heich partis of franco this samin monoth. I pray your (1) Lat me knaw of your estait. Sua, remitting all vther thingis to the nixt occa- sion, I commit your (1) to the protectione of the everlasting, ffrome edyr this xxiii of may. — Your (1) at power and service to be commandit. [Signature cut off.] To my verray gude lord my lord of Barnebarrach ane of the senatoris of our souerane lordis college of Justice. Letter from Uchtked M'Dowall^ of Garthland to the Laird of Barnbarroch, 17th June 1583. Eycht Speciall brother, eftyr maist hartlie commendatioun this ^ Chamberlain of the Priory of Whithorn. " Or thill, perhaps hill. ^ Uchtred M'Dowall of Garthland was served heir to his father, who was S 274 COEEESPONDENCE OF SIE PATEICK WAUS. present is tyll aduertess you that thair is sum slaucher fallin betuix serwandis of my sone the lard of logane and the lard of kylasser in my absens, being in edingburgh as ye ken, and now, brother, thai haif rasit lettres vpone my haill freyndis and serwandis, quha wes and is Innocent, to onderlye the law vpone thair leiffis, and vpone my said sone and his haiU serwandis ; quhairfoir, brother, I man pray you, for ony sted or plesor that he or I may do to yow, that ye wilbe sua gude as to keip the day of law in Edingburgh for defenss of our leiffis, as we salbe reddie to you quhen ye pleiss charge, the day of law is vpon the first day of July nixt, and ye wilbe the nycht afoyr in the town with your honorable freyndis and serwandis. this haiwing na forther occasion to trouble you quhill our meting with forther writing, hot committis you to the protectioun of god. from the garthland, the xvii day of Junii, be youris brother at all pouar, wchtred m'dowell of garthland. To the rycht honorable and his maist speciall brother, Mr patrik Wauss of barryn- barrocht. Letter from Cheistian Douglas^ to the Laied of Baenbaeeoch, 24th June 1583. My Lord, eftir my hartlie commendatioun, fforsamekle your L sail witt the bearer heirof, my servand, hes schawin me that he hes ane actioun of redemptioun befoir your L, Quhairfoir I will desyir your L, to stand ane freynd to the puir man for my killed at the battle of Pinkie in 1547. He married Margaret, daughter of Sir Hew Kennedy of Girvan Mains, and was thus brother-in-law to Sir P. Waus, whose first wife was Elizabeth Kennedy, her sister. He was implicated in the conspiracy by the Euthveners and the banished Lords against Arran's Government in 1584, and although his life was spared, he was banished, and died in France in 1593.— Seg. Privy Coun., vol. iii., p. 663; Lands and their Owners, vol, i., p. 66. ' The writer was a daughter of Sir William Douglas of Drumlanrig, and first wife of Alexander, Laird of Garlics. CORRESPONDENCE, OF SIR PATRICK WAUS. 275 causs, seing it is ane actioun that appertenis to the hous of Cassillis, as hie schawis me, quhilk ye man do for, aud that nocht the wer for my desyr. your L will apperdoun me of this my hamlie desyr, as your L sail fynd me redie to do your L plesour. Sua nocht trubling your L, with langer letter, I commit your L to the protectioun of god, from the Garleiss the xxiiij of Jun 1583 Be your L assurit at power, Cristiane Douglas. On the back — To my veray gude Lord and eme my Lord off Barnbarache. Letter by Crighton (?) of Xarg to the Laird of Barnbarroch, 20th July 1583. Maist speciall Eme, I commend me hartlie to you. efter the reset of your Lordshipis writing, wnderstanding the samyn, maist hartlie thankis your L for the gudwill kyndis and fawer schawin to me, desyring your L to contennue thairanent, lyk as your L sail find of me sa far as may ly in my power, mairatour your L hes causit to sumon my kinswoman and dependant mase makkie, relik of wmquhill Jhone herron of kirwchtrie, and my kinsman and dependant Alex. M'ke of stronord for his duties to remoif fra the landis contenit in the lybellit sumonis, conforme to the precept of warning According to thair ocupatioun. My Lord, I win maist ernistle pray and beseik your L to contenew the persute and calling of my said kinsfolk to the siting of the nixt sesioun, and in the mene tyme, at your L cuming in the cuntrie, sail mak your L to Wnderstand thair reosanabill desyr and offiris to your L, quhilk sail satefie your L as reasoun and missour wald. And becaus thay ar the freindis of my hous, and kinsfolk to your L, the contenuance thairof can not preiuge your L quhill the nixt sesioun. Sua in the meine tyme I am assurit to be furth in edinbourgh aganis the sext day of agust nixtocum, quhair your L sail knaw farder of tha purposiss, And this my L is bot ane reosanabill desyre amangis freindis, And conserning this contenwatioun referis the samyn to the dis- 276 COEEESPONDENCE OF SIR PATRICK WAUS. cretioun and jugment of your Lady and bedfallow, ourisman and superiour in the case, quha as I trast will consent to the samyn, this douttis nocht hot your L will do, as my speciall trast is in your L. nocht truhling your L ffarder at this present, hot committis your L to the protectioun of god, and your L anser heirwpoun to this berar. at the Larg^ the xx day of July 1583. [Signature and address are cut off.] Letter from Lady Ochiltree to Sir Patrick Waus, her brother, 20th August 1583. Brother, ye sail wit I am addettit to NicoU spens burges in Edin'^ the sowme of xlvii lib. vii s, Quhairfor I will praye yow maist affectuislie to delyver the same to him at the terme of andermess,^ of the crope fouirscoir twa yeris, quhUk salbe thank- fuUie allowit to yow in your nixte comptin, ye keipand this for your warrand. Subscryuit with my hand at peryth the xx daye of august, anno 1583. Margaret maistres Vchiltrie. [Written on the same paper.] I, Nicoll Spens, burges and talHyour* of edy', grantis me satisfieit, and weiU content and payit of the sowme of fourtie sewin pwnd sewin Schilling, quhilk margaret Stewart, maistres of Vchelltrey, was addettit to me ; of the quhilk sowme I qwit- clame and dischairges the said margaret, her airis, executouris, and assignayis, for me, my airis, executouris, and assignayis. this my deschairge writtin at edy' the xix day of December. 1 Jolm Crichton of Larg had married Margaret, Sir Patrick's daughter, on 2d September 1570. * St Andrew's day, 30th November. s Tailor. COEEESPONDENCE OF SIE PATEICK WAUS. 277 subscryuit Befor thir witnes, Dawid kennedy, eliazer slowane. the yeir of god Im v" Lxxxiii yeiris. Nicoll Spens with my hand. [No signature of witnesses.] Endorsed. — The maistres of oichiltres precept direct To the lard of barineharoch ffor ansuering of nicoll spens. Eeceipt signed by Eichaed Waus, 22d September 1583. I, Eychard Wauss, be the tenour heirof grantis me to haif ressawit the obligatioun of cowlquhork/ quhilkis, conforme to the contract maid betuixt the honorabill maister patrik wauss of bambarrothe and thomas cant of sanct gillygrang, be this obligation I the said rychard wauss bindis me to deKuer the said obligation to my fathare in law be this my obligation. Svbscrywit with my hand at barnbarrocht the xxii day of September, the yeir of god Im v" foirscoir thre yeiris, befoir thir witnesses Johne M'Gowne baillyie In quhothorne Dawid Kennedie and thomas waus seruitoris to me loird of barn- barrocht withe vtherss diuersses. I Eychard wauss ^ with my hand. I Jone M'gowne Bailyie in qthorn Weitness, Letter from Thomas M'Clellan of Bomby to the Laied of Baenbaeeoch, 16th October 1583. My Lord, eftir maist hartlie commendatioun, pleis your (1) I am informit that your (1) myndis to alter the occupiaris of my landis of glenturk casley and casgoun * within the parochin of ' Now Culquhirk, a farm near Wigtown. ' In an agreement between Sir Patrick Waus and his son Sir John, dated 8th May 1597, the latter is bound to maintain in Barvennan two of the bairns of umquhile Eichard Waus. ' Now Carslea and Caragown. 278 COEEESPONDENCE OF SIE PATEICK WAUS. wigtoun of thair teindis. And to persew thaine for mair nor vse and vont. Quhairfoir I will desyre your (1) to continew my tennentis quhill your (1) and I meit, Quhair your (1) sail haif to your contentment all that is ressonabill. for I wiU nocht beleif your (1) will alter ony of my tennentis or landis, for I beleif thai pay weill thair dewtie vsit and vont. This nocht doutting your (1) wUl do, I commit you to the protectioun of god. Off kirkcud^ the xvi day of octobir 1583. your (1) at power, T. bomby. To the richt hono" My lord of Barn- barrocht. Letter most probably from an Agent to the Laied of Baenbaeeoch, 12th November 1583. My lord, eftir my commendationis of seruice, Pleis your (1) your servand, this berar, and I cum to drummoir, and according to your desyre willet the lard to pass with us to the creichane, to giff your (1) sesing, as als to causs his wyf subscryve your charter and precept ; To the quhOk he is willing and agreable, Bot his opinion is that it is needfull that your (1) be first infeft in the landis of miltoun and bar, quhilk is the principill, befoir ye be infeft in the landis gevin in claus of warrandyss of the samen, becaus of the ordour of the charter and precept, as als wold haif had ane artornay, quhilk I forget to ask fra Michaell M'Walter. Bot geif your (1) will tak sesing of the landis of creichane presentlie befoir the principall, quhilk apperis ane bakward ordour, send wp the charter and precept agane, with the contract and artornay, and the lady sail bayth subscryve the contract and charter, and the sesing sail be gerin according to your desyr ; quharopon I wUl avait on your (1) anser for geving of the sesing heir quMll fryday at ix houris. farder the lard of kinhilt hes ressauit fra the berar xx lib of siluir, ix crownis, and sevin vnicornis, quhilk makis compt of the iij" ^ Sic in oris. CORRESPONDENCE OF SIR PATRICK WAUS. 279 punds quhilk wes restand awand him, quhilk your (1) man resaif vpon the samen pryis. This till your (1) advertisement I commit your (1) to god, from Drummoir, the 12 november, 1583. — (Be your 1 to be com)mandit (at his uter p)ower. [Signature and address are cut off.] Letter from Gilbert Kennedy of Girvan Mains to the Laird of Baenbarroch, (1578-88). Me Lord and brother,^ after maist hartle commendatioun, this present is to be aduertis your (1) that the abott of glenluc hes summondit me for ane alegit spoilze, that be myon of the laird of Loichinvar I neid nocht writ to your (1) the Information that causs ; for your (1) knawis pairt of the estait thair, and tutour^ qll (wiU) Informe your (1) the rest thairof. praying your (1) that quhen the matter comes In rasoning befoir your (1) that I susteyn no wrang, as also I may requeist your (1) fawowrans in cession to that effeick. ometting to truble your (1) with Langer letter, and so commettis yow to God. Be your (1) brother at pover to be commandit girwen manis. To his maist speciall and beluifBt brother me Lord of barnbarrache this be delyuerit. Letter from Dame Katheeine Stewart, Lady Garlies, Elder, to the Laird of Barnbarroch, 11th February 1583-4. Ame, Efter my wery hartlie commendatioun, I wreit to your ■■ Sir Patrick's first wife was the sister of the writer. " Probably of Cassillis, who was hrother to his second wife. If so, the date will be hetween 1678 and 1588. 280 COERESPONDBNCE OF SIR PATRICK WAUS. L of befor, albeit 1 rasauit na anser thairof, deolairing that, albeit I culd not compell anthone my sone subscrywe our appoyntment, I was and is at all tymes content to keip my part thairof to your L, as Mr Eobert and the commissioner can testifle ; quhilk I suppone may satefie your L, in respek I am the first persoun in the tak which we hawe of the pryorie, and may dispone the haill wair as I pleis, with kyndnes of the same, and may leiff als lang as your L and anthone baith. In respect of the quhilk I think ye may accept that thing quhilk I offerit yow quhile anthone may be brocht to, quhilk I dout nocht hot he wilbe brocht to at your L cuming in the cuntrey, and keip his formar promeis to yow ; and in the mean tyme we ar makand sik deligens as we dow to furneis your L silver, quhilk salbe send furthe with your L wyff at fastromsewin.^ Your L knawis that my lady vchiltrie is in awing mekill for hir landis and mylnis, quhilk suld be inlowit at the least resonabillie, as law, or ellis freindis, wald ; albeit we find nathing inlowit except ane yeiris few maill, quhilk your L hes cuntit with hir by ^ our adwyss. it is not resoun that sho sould be sa hard ane crawer,^ and sa slaw ane peyir.* as to alex' m°kie, albeit we be puttand at him we can find lytill to be had except the seid of the ground, except your L be gud to his wyff; and Jhone gowne is in edin- bruthe, as ye knaw, quha is dettor for ane gud part, geiff we culd get peyment of thir, and uthiris addettit to us, we mycht releiff ane grait part of your L crawingis.^ I send ane uthir wreting to your L within thir ten dayis, quhilk I knaw nocht whiddir ye resavit it or nocht, becaus I resavit na anser of the samen fra your L, nor yet of the first, prayand your L to remember your auld kyndnes, and contenew your hard persut quhill silver ga furthe to yow with your wyff, in respect I am willing to contenew in auld kyndnes with your L, as I dout bot ye will be the grace of god, quha mot preserve your L. frome ^ Fastems even (Shrove Tuesday). ^ Contrary to. ' Graver. * There was a law suit between Lady Garlies and Lady Ochiltree about a lease of teinds of Whithorn lauds. ' Cravings, i.e., demands. COEEESPONDENCE OF SIE PATRICK WAUS. 281 the Clairie, the xi day of fabruar, 1583. be your L auut at power on the auld maner. Dame katherein Stewart Lady Garleis, elder. The rycht honorabill and hir maist speciall my lord of barnbarrath. Letter from the Laied of Gaelies to Sir Pateick Waus, 13th February 1583-4. Mye lord and richt speciaU frind, eftir my hartelie com- mendationis, I rasavit your wretin persawing thairbie that ye half tane cumii in my besines againis cowhiU, for Jhone M^gowne has sae wretin to me, for the quhilk I gyf yow maist hartelie thainkis ; and gif it sail pleis yow to charge me with onye sik plesor as I can do to yow, ye saU find me alss redye in all thingis quhairinto I may plesor yow. Also it wiU pleiss yow understand that my frind cublert broune of balbie his hardlie persewit bie moyend of Lochinver vpone his lyf, and that for the slaichter of umquhile James M^CuUoch of barholme. I half causit him maik all the offeris that hie can to the partie, and thai will on nae wyis excep thame ; heirfoir I prye your L to gif my brother Jhone ^ your counsall for the gentill manis releif. albeit that your frind yong mortone bie the persewer of thir materis I dout nocht bot your L wiU respek my honor in to it, seing hie quhae suld be persewit is my frend and servand. this I refer to your own wisdome and discretion. I persaif ye think it nocht necesar that I suld cum to couirt at this tyme. Your counsall I sail viss ^ gif I may byid awaye, for the materis that I haif ado vpone the session bie nocht the war of my absence, bot I dout nocht bot ye wUl maik me forsein in thae materis befoir any dainger bie. Sua lewing to trubill yow with onye farther for the present, nocht dowting bot ye will send me sum of your newis with Jhone m°gown, or with the smith that cumis ' The Laird of Garlies had not a brother John, hut John M'Gowan, who seema to he meant, may have been a foster-brother. See also letter of 16th May 1584. ° Uiss, use. 282 CORRESPONDENCE OF SIR PATRICK WAUS. betwix, I commit yow to god. at quhitheme the xiii day of fabriwarij 1583. — Bie your L verie assurit frind at power, Garleis. To my werie assurit and especiall gud freind of barnbarache this Derek. Letter by Michael M'Crekane to the Laied of Barnbarroch, 19th March 1583-4. My lord, efter my maist hartlie commendatioun off Seruices,^ This present Is to aduerteis your (1) that according to your (1) desyre I haiff markit my ladie wchyltre lettres with the Indor- sationis, and siclik the prior of quhitern lettres for nonpayment of the thowsand merkis with the executionis ; Bot I fear the executionis be the necligence and slewthines off the messingeris ane maner Becaus Johne scherar hes lattin the ladye to vnder- stand that his executionis wes nocht inserit in dew tyme within the XV dayis, quhilkis executionis as I vnderstand wes haldin abak for the samyne caus. alwayis, my lord, giff this be hurt- full, Better It war to put your lettres to new executionis, and sua the samyn suld haiff place, nevirtheles the denunceationis ar inserit within the xv dayis according to the deliwerie of the lettres. refarrand thai thingis to your (1) wysdome, for in my apparance bettir It is to parfite your thingis dewlie, nor quhen ye schute to myss the mark. In gude faith, my lord, your messingeris hes faillit in thair executioun, for sum wantit thair lettres and hes nocht tane attendance as thai aucht to haiff done, and sum be fraude and gyle. My lord I haiff aduertisit the ladie garles of hir hurt, and In my apperance scho Is help- les, and giff scho be wittie scho can nocht tak ane part thairoff to hir self to foircast ane storm, ane familiar seruand of hirris hes maid me vnderstand secreitlie that M'^ Eobert and Johnne schurar hes certifiet hir that scho Is vnder na dainger of the horningis, and that thai sail warrand hir, and I fear thair warandice. My lord, Johnne scherar hes maid ane fassioun of CORRESPONDENCE OF SIR PATRICK WAUS. 283 executioun, and Johne m^morran ane vther maner, quhilkis are sua repungnant that I vnderstand your Q.) will nocht produce the informaliteis thairof to be seruit, and gif your (1) vill geif new charges, quham ye direct to be messenger lat thaim cum to me, and I sail anser for the formalitie, and sua aU thingis weall done Is sone done. I will nocht truble your (1) farther at this present, bot committis your (1) to the protectioun of the Almychtie. quhat seruices I can Is reddie to be commandit. At wigtoun this xix off marche 1583 be your Q.) seruand eftir seruice Michael m^crekane.^ To his maist speciall lord My lord off barnbarrach. [Written outside below the address] — I haiff the principal! lettres quhUl your (1) aduerteisment. I half deHuerit the executionis to dauid kennedie, quhilkis ar nocht worthie to present to the lordis. I half deliuerit to him the Instrument of the xxvii lb annuel rent, with the kingis (g) charter of the kingis landis. Letter from William M'Gowan to the Laird of Barnbarroch, 30th March 1584. My lord, efter hwmyll commendatioun of seruice, I ressauit your (L), writting declaring the reductioun of the Lady garoliss ^ tak, quhairof I aduertesit hir, and willit hir to send furth hir husband* to agree with your (1), and she to maik speid for syluer, and vpoun the morne she agreit with the parsone of kirkmaquho. M' ro* * is vexit with ane saimes in his louneis and bak. I am aduertesit as I writt to your (L) of befoir That Michael Wallace is laborand that he may to get my of&ce our my held, bot thankis to god the lordis wes neuer cummerit with the reductioun of my decreitis bot nochttheles I pray your (L) to tak attendence to see that I be nocht circumuenit be moyen of ^ Svirety was found for Michael M'Craken, notary, on 2d May 1577.- — Seg. Privy Coun., vol ii. p. 728. " Gailies. ' John Wallace of Dundonald, her second husband. * Probably Mr Kobei-t Stewart. 284 COEKESPONDBNCE OF SIR PATRICK WAUS. cort. your (L) hes my commissioun quhairby I haiff my ofBce for ray lyftyme. I pray your (L) to send In the boys confirmatioun ■with lettres vpoun the deereit, and your (L) sail hailF thankfull payment for the deereit and lettres as ye will aduerteis, and send word quhair I salbe staikit^ and ressave payment, the^ wes almaist deid sensyne, and hes lyne seik this xx days bygane, bot he is sumpart convaleisit. I pray your (L) send ane gentill writting to the lord of garoless ^ to repone me in my possessioun of croftis, quhilk hes bene costlie to me, quhilkis I valuit for your caus, and nocht for my awin. Do thairin as honestie and kyndnes requyris. As to Dauid gordoun, Albeit my seruand was strakin, I being in your seruice, remember giff ye suld redress it suppois I wer ane man that had nocht pertenit to you, nor yeit seruit you sa lang as I did, bot had bene in your seruice that tyme I wes failit to your (1) promiss, ye suld remeid it at ane ternie, quhilk is nocht lang to. As to my comptis I ressauit na anser fra Mr Johnne lairmount of the reeept of buikis or sUuer fra iDauid, nor yit fra your (L) self about myntho,* quhilk ye think best I do, And about my expenssis of craiganis.^ Thairfor my lord aduerteis heirof quhat ye think best I do anent thir thingis, And the eternale god preserue youre L ffrom Wigton in haist the penult of Merche 1584. Be your L seruitour to command Wam m'gowyne. To my speciall gude lord of Sessioun the Lard of Barnbarroch. Letter from Lord Orkney to the Laird of Barnbarroch, 11th May 1584. My lord I pray your (lo) to raiss the lettres according to my vther wreting secreitUe, that nather the bischop of orknay, maister David mackgyU, nor yit Mr thomas craig, nor maister ^ Appointed. ^ Word omitted, probably " ohalmerlayne,'' and refers to Mr Eobert, supra. s Garlics. * Sir John Stewart of Minto. " Craigends. CORRESPONDENCE OF SIR PATRICK WAUS. 285 eduard bruse be previe of the samyn, for thai will do quhat thai can to stay the samyn. ffrome kirkwall the xi of maij 1584. — your guid freind Orknay I haue send siluer to my -wyff as I mycht best spair, and hes wretin to hir to cume hame. [The address is torn off.] Letter from the Earl of Argyle to the Laird of Barnbarroch, 13th May 1584. My Lord, efter my varay hartlie commendatioun, forsamekle as I haif left my servand Alex' bonnar with sum utheris to gif attendance upon my acues befoir the sessioun, now in my awin absence. And now thairfoir I wlU desyir your (1) that they be not hyndert, hot that I may haif justice but delay, quhilk I doubt nocht hot your (L) will talk heid unto, as I salbe reddie to do your (L) sic plesoure as is in my power. This to farther occasioun I commit your (L) in the protectioun of the almy**. from Dunde the xiii day of May 1584. — Your L assuret freynd, Ergyll. To my gud lord my lord Bambarro*. [On the 19th of May there was a meeting of the Parliament in Edinburgh, when an Act was passed confirming the Earl of Arran in the of&ce of Chancellor in the absence of the Earl of Argyle. This is the last letter from Colin Earl of Argyle, who now retired from public life, and died in September 1584.] Letter from Sir Thomas Kennedy of Colzean to the Laird of Barnbarroch, May 1584.^ Broder, eftir my recht hartlie commendationes, fforsamekle as I understand be Johnne Kennedy my seruand that Mr Johnne 1 This letter is dated from Blackness, where Sir Thomas Kennedy was impri- soned in May 1684, on suspicion of having been concerned in the conspiracy 286 CORRESPONDENCE OF SIR PATRICK WAUS. Schairp will furneiss the sowme of v" me'rkis, provyding he half one burges man actit caution to him in the sureast maner, as he hes declarit, and it is trew I half nocht mekle credite in that toun of burges men, and in the meintyme my warding will mak thame affray it ; not the les, I haif writtin to sum, and incaiss of refiuss I haif writtin to my guidfader,^ that be his credite he will purchas sum to that effect, swa that I think, gif ye haif gudwill, ye may do mekle betuix yow in this mater. In the meintyme I wuld ye suld lat me vnderstand quhat speciallie suld be the proffeit of it, quhilk salbe assuritlie relessit, as I salbe oblist for the samen in the maist sure maner can be deuisit. Fforder I wuld ye suld travell with the Laird of Blarquhan,^ thir materis takand effect as is commonit betwix me and him, gif I may assure myself that he will be ane ernest and effectionat freind to appone him self for my releif, ffor I know of ony proper freind of my awin he hes maist power, and I think he did neuir to him self ane gretar honour in sic ane lyk mater. And, gif evir he thinkis I may availl him in ony thing, he micht consider he had maid ane iust conqueiss of me in this doing, and wald keip me fra the bondage of utheriss that I haif nocht a gud wUl to be oblist to. And at the lest I am sure he is able to get me knowledge quhat is determinat towardis me, and quhat is my nerrest outgait, gif he pleis him self. Eeferring the rest to your answer be writ in all thir pointis, and your awin wisdome and discretioun. Swa committis you in godis protectioun. Off blaknes, this foursday. Be youris assurit broder, Thomas tutor of Cassillis. farder, bruder, I man recommend Mr Wm Hart and his wife, our aynt,^ to yow as man of ane that is maist willing to hazard, and to tak panis, for me in all my affaris at this tyme ; thairfore called the raid of Stirling. He was released on caution in £10,000 on 21st Novemter in the same year, his sureties being Sir Lewis Bellenden, the Justice- Clerk, and Uchtred M'Dowall of Garthland — Mr David M'Gill, the king's advo- cate, who was his father-in-law, and his son, relieving the cautioners. ^ Mr David M'Gill, advocate to the king, whose daughter Elizabeth was Sir Thomas Kennedy's second wife (1578). — Swt. Keit,iieAy,s, p. 14. ^ Sir John Kennedy. s j^mjt. COREESPONDENCE OF SIE PATRICK WAUS. 28-7 I pray yow be freind to him safar as ye may of justice in the eaus of reduction perseveit be george carliellil^ aganis him, quhairin Mr Wm thinkis he has gud defens to elyd the persute. yet the best causs hes neid of freindschip and favour in respect of the extraordiner moyane ofthymes maid. And I dout nocht bot ye consider, bruder, hov far ane freind at this tyme oblisses me in kynduess, quhilk I pray yow to acquyte to him, safar as ye may in justice, to saiffthe inconvenient fra him and our aynt^ at this tyme for my saik. To my beluffit bruder the laird of Barnbarro' Letter from Lord Orkney to the Laird of Baenbarroch, 4th May 1584. My lord, efter my veray hartlie commendationis, I haue ressauit your (1) letter, and understandis thairby quhat travell your (1) hes taine, and at all tyme takis, TiU haue my wyfe returning hidderwart Towartis me ; and as yit will desyre your (Y) To persist thairintill, ffor trewlie I am vnable To sustene and furthbeir^ hir charges ony forther in thay partis, and albeit scho bruitis and menis That scho ressauis nathing fra me ffor hir sustentatioun, yit your (lo) sail persaue Be this minute heirwith inclosit quhat I haue gevin hir, and has takin on hand To pay for hir, sen my last cuming furth of the south fra hir, quhilk wes bot in merche now twa yeiris past ; Quhairby your (lo) may Judge Giif all be trew that is spokin in that behalf, and gif I, having sic vther surffett* charges as I haue ado, am able To beir out sic porte and expenssis. Quhairfoir I will yit, as of beffoir, pray your (lo) To intreit hir ffor hir bidder cuming, seing sic delestis^ and Impedimentis as your (lo) wUlis be removit. I mynd godwilling To be with the kingis (ma) in Julij nixto cumis, as your (lo) letter desyris, and can nocht Bot maist thankfuUie esteme off your (lo) honorable endevoir, vsit bayth to the kingis (ma), and vtheris, quhair ony thing fell in questioun That micht Importe me, as lykwayis your honest deling towart 1 Perhaps Carlisle. " Aunt. ^ Purth-beriiig, support. * Surfet, extravagant. ° ? Divisions, from dele, divide. 288 CORRESPONDENCE OF SIR PATRICK WAUS. my sone the pryour,^ Tuiching quhais preparatioun To be send to france I pray your (lo) Provide aganis the tyme convenient. And swa, after my hartlie comraendationis to my lady your bedfollow, will evir pray God tUl haue your (lo) in his grace, ffrome kirkwall the fourt of maij 1584. — Your (lo) guid freind to all power, Orknay. fforder it will pleis your (lo) assist my sone the Mr now cuming with your (lo) best counsall, as I dout nocht bot your (lo) wiU do. lykwayis your (lo) sail causs raiss me lettres of poynding vpon thir deweitis alss quyetlie as your (lo) may, and let tham to me bak agane with diligence. [The fly leaf with the address is torn off.] Paper signed " Orknay," and headed as follows : " The money debursit and delyuerit to my Lady sen my Lordis last cumming out of the South." Enclosed in his letter of 4th May 1584. Item spendit in Janet forkartis tua hundrith and sevintene poimdis money to my lady, . . . • ij" xvij libs. Item mair delyuerit be Mr Johne eschingtoun to dame kay to delyuer to my lady ane hundrith poundis, . . i" libs. Item delyuerit be Johne sandelandis to my lady, . iii^ xv libs. Item delyuerit be James hay to my lady, . . . i" libs. Item mair delyuerit be Johne hammiltoun threttie-six angell nobillis togidder with thre scoir fyve poundis delyuerit be Johne dikis wyff to W™ pringillis wyff at my ladyis command extendis to tua hundrith poundis, . . . . ii" libs. Item delyuerit be Johne gif hartis wyff to my lady, iiij'°' libs. Item delyuerit be the laird of westra to my lady, . i" libs. Item delyuerit be Johne vmphray to my lady four chalder beer extenden in argent to ane hundrith pvnd, . . i" libs. ^ His second son Patrick, Prior of Whithorn, now Master of Orkney. — Doug. CORRESPONDENCE OF SIR PATRICK WAUS. 289 Item mair my lady restis to Johne forest in linlithgow sen my lordis away cumiug, viij^^ libs. Item mair my lady restis to Janet fokart sen my lordis away cuming for wairis tua hundrith thre scoir libs, or thair- bye, ii° iii^^ libs. Item restand awand be my lady to Johne dik for satene welwet and vther wairis as the compt beeris. Item delyuerit be the laird of munquhan to my lady for the laird of westra nyne scoir pundis, .... ix'" libs. Item delyuerit be Johne hammiltoun and James dalzell for doggar fishe ressauit be thame, . . . vij==^ libs. Item delyuerit be Johne dik to my lady, . . . ii"= libs. Item send to my lady ten chalder beer with Johne dik extenden in argent to , ^ xi=" libs. Item delyuerit be my lord lendoris to my lady, . . i" libs. Item delyuerit to James diksoun seruitor to harie Stewart maister of Orknay to be delyuerit to my lady . vi'"' libs.^ vith sindry vthir thingis delyuerit be M^ Johne dischingtoun chalmerlan quhilk be hes farther. Orknay. Letter from the Laird of Garlies to the Iaird of Barnbarroch, 16th May 1584. My Loird and rycht speciall frind, efter my hartelie commenda- tion, I rasauit your (1) letteris and thainkis yow of your traveUand in my busines, as I salbie villing to acqueit your (1) goodwill In sik plesour as I can ; yeit I half thocht it gud to wreit To you agane to heir of the procedingis of the parlament, quhUk I haird nathing of quhiU this laist frydye, and in respek of the parla- ment balding I thocht gud to heir sum part of it. I half wretin to my brother ^ Johne to get oidt the extract of my brother^ tomassis pension ouit of the prewe seill subscryuit bie robert 1 Total, 2352 pounds Scots. ' We do not know of any brothers of the Laird of Garlies. His mother had married again, and he was married. He may have had half-brothers and brothers- in-law. T 290 COKRESPONDENCE OF SIR PATRICK WAUS. seinkleir keeper thairof. I think it be xx yeir or theirbye sen hie was provydit to it. I thaink yow for your scorne ^ qubair ye say gif I had cumit ouit I wald haif beine maid ane lard, ye are disposit at sam tyme to be mirre, as your waif sayis ; I ame glaid thairof that ye bie merrie, and nocht to offend hir this mekill for the present, with my hartelie commendation to the Ladye your waif, I commit yow to god. at the bordland of garless, this settirdye the xvi daye of maij 1584. — Yowr (1) assurit frend at power, Garleis. To the rycht hono" and his werie assurit gud freind the Laird of barnbarrache. Letter from the Laird of Garlies to the Laird of Barnbarroch, 19th May 1584. My lord and rycht speciall frynd, eftir my hartelie commenda- tionis, it will pleis yow vnderstand that I ame of new sumonit bie cowhill to heir ane contraik registerit, that was maid betuix my gudschour^ and him, as yowr (L) may persaif bie the cpppie of the sumondis; also in ane vther sumond hie sumondis me as oy ^ and air to my gutschour, or vthervayis vneversall successer and intrometter with my gutschouris gudis and gear, quhUk is all togather falss in it self, for I newer mellit with ane plaik of my gudschouris gair, but samekill as I coift * fra his waif,^ suae I think for bying frae hir I cain bie in nae danger, for I hair say that hie meinis to maik his allegance, and offer him to preif that I rasauit my airschip gudis; hie will nevir try that I rasauit ony gair as airschip to my gutschour, hot as I haif affoir said ; yeit I wald hie gait as Lytill to his pruif as could bie, quhair your (1) main aduyss with Mr Jhone,^ and sie gif ye and hie cain get the mater delayit at this tyme, for I entend to send ouit Jhone gowin aganis the third daye of Julij for to keip the daye of the secund sumondis. eftir the sicht of this sumondis ^ DouUM, ? Irony. ^ Grandsire. ' Grandson. < Bought. ' Catherine, daughter of "William Stewart of Barclay, third wife of Sir A. Stewart. — Collms' Peerage. " ? Mr John Sharpe. COEEESPONDENCE OF SIE PATEICK WAUS. 291 ye ■will consider fforder nor I cain wret. I main trubiU yow to talk panis in this mater, as ye haif done in all my wther besines as I had to do, for the qnhilk I maist hartelie thaink yow, and salhe redye to acqueit your gudwill in sic plesour as I cain do to plesor yow. gif my brother Jhone bie in the tone send for him, and get wit gif hie gait ouit the extraik of tomas pensioun ouit of the preve seill, and gif hie hes nocht gottin gar him yeit maik suit for it ; suae for the present, halving nae forther.occation, with my hartelie commendationis to the Ladye your bedfaUow, I commit your (1) to god. at quhitteme the xix daye of mail 1584. — your (1) assurit frind at power, Garleis. To the rycht hono" and verie especiall frind the lard of barnbarroche. Letter from the Laied of Gaelies to the Laied of Baenbaeeoch, 2d June 1584. My lord and rycht speciaU frind, eftir my hartelie commenda- tionis, the occation heirof is to lat your (1) vnderstand I ame informit bie my frind wilyeme foster of kidisdell,^ and ane vther servand of myne calHt patrik m'kyltrik in the bordland of cluistone,^ and Jhone m'clarie maesone that thai ar sumonit ouit vpone your servand tome reidis syiss * ; quhairfoir I wiU desyir yow to gar drawe thir thrie ouit of the letteris, and that becaus ye knowe thair is tuae of thame my servandis, and Jhone m'clarie is wixkand to me ; this I think your (1) will do for my desyir, seing thay knaw nathin in the mater thai ar sumonit for. fforther ye sail wit that your servand dauid kynnadye hes chargit my tenentis of clymadye* for thair teindis of the fouirscoir ane and fouirscoir tuae yeiris of god, quhilk I think werie hard in respek that I haif ncAdr bein chargit thairfoir befoir, as also I haif the kingis (ma) promeiss of that to myself with the few mail of the (of the) mainis of quhiterne suae I think ye will meill with nathing that perteinis to me. the reist of this I refer to your (1) wisdome, I wreit ouit to yow to haif gifin my brother 1 Now Kidsdale. ^ ? Clugatone. ' Assize. * Now Claymoddie. 292 COEEESPONDENCE OF SIE PATEICK WAUS. Jhone your counsall how hie sauld half gottin ouit the extraik of my brother tomas confirmation of his gift of his hundrethe mairk of pention that hie hes of the lord heiress^ that laist deit ; it is in the queinis huik in the yeiris of god threscoir ane, threscoir tuae, or threscoir thrie, or fouir ; suae ye sail informe Jhone to seik it this way, and bring it hame with your (1) self, becauss I haif to do with it, as I sail Lat your (1) vnderstand at metin. as for yowr newis I ommit thame to yorself. suae for the present I commit your (1) to the protection of god. at quhitterne the secund daye of Jun 1584. — Your (1) assurit frind at power, Garleis. To the rycht honoll and his werie gud ffrind the Lard of Barnbarrache. Letter from the King to the Laikd of Baenbaeeoch, 10th July 1584. Trusty and weQbelovit counseUour we greet yow weill. having directit our chekker to sit now at Ed"^ samony dayis owlklie (weekly) in the efternone as convenientlie may be quhill the sessioun ryse, and thaireftir daylie quhill the xx day of August, we have given ample commissioun to certane of the Lordis of our preuie counsale and sessioun, and sum utheris of knawin gude affectioune to our seruice. And amangis utheris hes maid speciall chois of yow, desyrand yow effectuuslie that ye wiU addres yow to be and remane at Ed' for this purpois with all guidlie dOigence efter your ressait heirof, and sa to continew quhill the said XX day of August quhairthrow the estait of our rentis being be your gude concurence and trauell brocht in order, the bipast abuses may be amendit to the contentment of our awin mynd, and the cominone commoditie of our hail gude subiectis. and sa trusting that ye will nocht spair your panis and trauellis in sa gude a werk, We commit yow in the protectioun of ye Almichtie. At Falkland the x day of July 1584. James E. To our trusty and weilbelovit counseUour the Laird of Barnbarroch. ' Herries. CORRESPONDENCE OF SIR PATRICK WAUS. 293 Letter from the Prior of Blantyre to the Laird of Barnbarroch, 10th July 1584. My lord, I belewe your (1) be nocht vnmyndfuU of the con- ferrens betuix your (1) and me concerning the ladye garleiss, how that scho was content to satisfie your (1) in all thingis conforme to an lytiU memoriell quhilk I schow to your (1) and apperritt to content yow in al pointis, and now haifing of new resauit ane letter fra hir of the achanis derect, being willing to end as of befoir, desyreing me to know your (1) mynd ; and quhen and quhair your (1) will apoint the tyme and place of meitting ather in your awin presens, or els befor sic ressonable frend as may bring the mater to sic perfectioun, as all thingis mays be fynalie endit, and this vpone your (1) adverteisment thai sail nocht faiU to keip. haifing nay vther thing presentlie to vryte luikis for your (1) anser, restis aye your (1) assurit efter the auld maner, with my vereye hartle comendatioun. I comit your (1) to godis etemaiU tuition.^ ffrome blantyre craig the x of July 15804. — Your (1) luifing frend at all power, Blantyre.^ To my verraye gude lord of barnbarroch. Letter from Sir Egbert Melville^ to the Laird of Barnbarroch, 11th July 1584. My Lord, eftir maist hairtlie commendationis, I man be sa hamlie at sic tyme as ather myself or freindis hes to do to truble your L, And mor speciallie man recommend vnto yow my 1 1 Tutelage. ' Walter Stewart, eldest son of Sir James Stewart of Minto, then Prior of Blan- tyre, was created first Lord Blantyre in 1606. He was made Privy Seal in Sep- tember 1582, and was constant in liis attendance at meetings of the Privy Council. 3 Sir Eohert Melville of Murdocairney was appointed Clerk and Depute Lord Treasurer on 13th April 1582, Earl Gowrie heing Treasurer. On his fall, and the appointment of the Earl of Montrose as Lord Treasurer (19th May 1 584), Sir Kohert retained his office. He belonged to the Lennox and Anan party, as opposed to the Ruthven raiders. 294 COEEESPONDENCE OF SIE PATRICK WAUS. singular gude freind peter dury/ Quha hes a mater befoir your L, and schortlie to be in band. I ma tbairfoir rycbt effecteruslie desyir yow tbat he may be forderit to iustice, for bis actioun will be found sa equitable as I traist your L sail na wayes fasche tbairwith. And the rather fra this my requeist, quhilk ye saU fynd me reddie to acquite as the occatioun beis offerit qubairin I may do yow plesor. And sua committis you to god. ffrom falkland the xi of July 1584. — Youris rycht assurit freind at power, Eobert Melvill. To the rycht bono" and my assurit freind My lord of barnbarroch. Letter from the King to the Laied of Baenbaeeoch, 12th July 1584. Trusty and weilbelovit counsellour, We greit you weill. Por- samekle as we vnderstand your earnest affectioun and cair hithertillis borne to the hous of Cassillis, namelie in the keping and preserving of his persoun quha presentlie occupiis that rowme, being now a puple ; ^ Quhairfoir it is our will That ye retene him still in your custody, knawing yow to be sa kyndlie and Weill affectionat to him ; And lett him not depart furth of the same to quhatsumeuir persoun or persounis suitan his deliuerie of your handis without our speciall command to deliuer him, and that ye knaw to quhom ; for quhilkis thir presentis salbe to yow sufficient warrand. At Falkland, the xij day of Julij 1584. James E. To our trusty and weilbelouit counsellour the Larde of Barnbarrauche. Letter from Eael of Montrose^ to the Laied of Baenbaeeoch, 12th July 1584. My Uord, Ifter my wery hairtilly commendatiownis, thir few 1 On the 22d of March 1584-8 a tack set by the iconymus and convent of Dunfermline to Peter Durie of the teind of Inveresk is confirmed by an Act of the Privy Council. ^iJeg^. Privy Ooun., vol. iii., p. 731. 2 John, fifth Earl, had succeeded his father Gilbert, the fourth Earl (on 14th December 1576), whose sister was Sir Patrick's second wife. ' Montrose had been appointed Lord Treasurer on 19th May previous. COKRESPONDENCE OF SIR PATRICK WAITS. 295 lynnis sail be to pray yowr llo : wery effecteowslly to halld hand, and to forther sa far as Haw and gwid conscience will, ane actiowne of My freindis the yowng llaird of Moncwrris,^ this llang tym depending befor yowr Uo : to his grait prejwdice and skaith, qwhilk now being cwm to the wpwith, and as I onder- stand allmaist to ane finall point, I will lippin that for My cawss ye will help to pwt the gentillman to ane eisse, as I sail at all occasiownis be rady to do plleaswir to yow, or to ony of yowris ; and so remitting further Informatiowne to My cusing fynlae, the berer hereof, I commit yow to the protectiowne of god. frome faulkUand, the xii of July 1584. — Your L : wery guid freind, Montroiss. To his very assurit friend the Uaird of barnbarrache Llord of hieness colles of Justice. The King's Letter to the Laird of Garlies anent the Prior of Whithorn, probably July 1584. Trest freind we greit yow weUl Being surelie informit how that our consigne the prior of quhitharne and his administrator the lard of barnbarrache hes bene trublit and stoppit in tymes bigane in the vpHfting of the fruitis and rentis of his said benefice. And vndirstanding how mekill your concurrance and aide micht awaill to him in vplifting of the same and in causing him to be thankfullie anserit and payit thairof Quhairfoir we require yow effecteouslie thatrye will se and tak held that he be anserit and obeyit of the fruitis rentis and dewiteis of the said benefice conforme to our gift and provisioun maid to him thair- opoun. And incais of thair dissobedience quha ar addetit in the same that ye will assist and concur with him in the vplifting thairof as ye will do us a thankfull plesor lipining efter your dUegence and guidwUl to be schewin in effect heirin we commit ^ On 27th January 1579-80 James Montcur of tliat ilk was surety for the Con- stable of Dundee that he shall fulfil the king's farther pleasure and will "anent the quarrellous speich usit be him " to Robert Bruce of Pitlethie in presence of his highness. 296 CORRESPONDENCE OF SIR PATRICK WAUS. yow to the protectioim of the almichtie god. At ffalkland the day of 1584. [The signature has been cut off. No address, but endorsed in Sir Patrick Waus's hand — Ane coppe of the Kyngis ma"= lettir vieittyn to the layrde of garleiss anent the prior of quhittarne.] Letter from to the LairD of Barnbarroch, 18th July 1584. My lord, eftir my hartlie commendationis, pleis witt the beirer heirof W™ Dowglas, consistoriall Clark wythin this chanorie ^ of elgyne of Lang tyme, Vsing his wocatioun justlie and honestKe, as the maysteris of the cotis ^ and testamentis and syndrie otherris will testefye, yet notwythstanding, this man being agit and falKn in seiknes, ane townes man called W" gypsonne hathe obteaned the Maner of ane gyft of his offeis bie sum sinester and wrong Informatioun, Sua that the matex Is lyke to cum in prossis ^ ; quhairfor, gyff the mater chanses to cum before yowi 1, 1 beseik yow to help him in fordering his adois, at leyst to presarve (gyff it may be) his lyfrent in his offeice, being ane honest persoune ondefamet. This I trayst your 1 wiU do the Eather for my cans ; Sua hayffing na forder occasoun for the present, committis yow to the protectioun of the almychtie. Frome Elgyne this 18 of July 1584 yeris. [Signature torn off.] To the Ey* holl The Laird of Barrynbarray Lord of our Souerane lordis Session. Letter from the Laird of Gaelies to the Laied of Barnbarroch, 23d July 1584. My lord, and rycht special! frind, eftir my hartelie commenda- tion, being informit bie Jhone gowan of the cumir that your (1) tuik in my besines, for the quhilk I maist hartelie thank you, and ye sail haif me alss redye to plesor you quhene ye haif to ^ Cannonry. ' Cote, a rate. , s Process. COEEESPONDENCE OP SIE PATEICK WAUS. 297 do as your occation sail serf to imploye me. ffarther it will pleiss you vnderstand that I ame informit that the erll of mortone, with the Lord heriss, Lochinwar, bombye, and the Lord of barganye ar all chargit to compeir befoir the kingis ma and counsell in senJhoinstone ^ the xxviij daye of this instant ; as also it was schawn to me that I was contenit in the said Letteris with the rest, yeit I ame nocht chargit this xxiij at twae eftir none, and seing I ame sae Lait of charging I beleif thai will nocht charge me nowe, seing it is bot v dayis to the daye of comperance. albeit it bie bye^ tyme, gif I bie chargit I will ryd, albeit I suQd ryd baithe daye (and) nycht quhill I cum quhair the kingis ma is ; quhairfoir I will desyir your (1) to staye twae or thrie dayis Langar quhill I cum to edr to yow, for gif I cum I man put you to that panis as to ryd with me to the couirt. I mein to bie in edr on mondaye or tysdaye nixt at the farthest, gif I get onye ather wretia or charge, the occatioun of thir chargis, as I can trye, is the Laird of Jhonstone for the rasait of the bellis and cairlellis ; ^ bot gif I bie nocht at yow at the farthest on wadLoisdayej I will desyir yow staye na Langar vpone me. Jhone godwin schewe me hie beleivit ye suild nocht cum hame sae schortlie as ye meint to cum for sum occationis that the kingis ma wreit to yow for, and gif ye cum nocht, and that I cum nocht to yow, I will desyir yow to send sum of your newis hame with the Ladye your woif, or ellis with sum vther that cumis soner in throw. Suae, with my hartelie commendationis, I commit yow to god, at quhitterne the xxiij daye of Julij 1584. — Yowr assurit frind at power, Garleis. To the rycht hono'^ and his vetie assurit gud frind the Laird of barnbarroch. 1 Perth. " Beyond. " The Bells and Carliles. This sentence throws light on a Border feud. Johnstone, as warden of the marches, had apprehended and imprisoned, in the House of Bonshaw, ' ' certaue personis of the surnames of the Bellis and Irwingis, to the nowmer of xviii personis or thereby, as notorious offendouris, rebellis, and disobedient personis." James Douglas of Dramlanrig, Robert Douglas, provost of Lincluden, with other Douglases and Bells, Carliles and Irvings, "to the nowmer of fiftie men or thairby, bodiu in feir of weir," had rescued them and set them at liberty. For this the Privy Council, on 29th October 1683, had 298 COEEESPONDENCE OF SIR PATKICK WAUS. Letter from another Loed of Session to the Laied of Baenbareoch, 28th July 1584. My lord, efter hartlie commendatioun, bein sufficientlie In- formit In this actioun of suspentioun depending befoire vss betwix our cousing robert erskyne and michell balfour, sone to vmquhyill Ser James balfour of pittendreiehe, knycht, and at the last dayis ressoning in your presence, the kingis matiis adwocat compeiring for his diities, quhilk being refusit be Inter- locutor In respect his ressonne nocht bein' lybellit In the said suspentioun, quhairthrow the said robert our cousing past thair- fre, and is forsit to crawe new suspentioun In Judiciall presence, and becauss ye ar hestelie to ryiss ; ^ thairfor I maist affecteouslie requeist yow that ye "will forther him to new suspentioun presentlie, according to the law and practike obsarvit In the lyik, quhilk vtherwayis being refusit at this sessioun, may be to his greit hourt or^ the nixt, quhUk we viss^ nocht to be for laike of Justice, this Iwking for our said cousingis forther at your handis, quhairin ye will do Vss maist exseptabiU plesour, this committis yow to god. frome sanctionstone * the xxvui of Julie.^ — ^Yo"^ 11 gude freynd. [Signature torn off. The seal is that of the Earl of Cassillis.J To my werray gude freind and maich * the laird of Barnbarrocht. imprisoned Drumlanrig in the Castle of Edinburgh, and Lincluden in that of Blackness. On the 1st March 1583-4, proclamation was ordered at the Market Cross of Dumfries, charging the lieges not to reset, etc., twelve Bells, five Carliles, and five Irvings, all named, with their accomplices, because, having been taken and "kepit in several wards" for punishment, they had been rescued byviolence and have ever since "bene ressett, suppleit, fortifeit, and mautenit in their rebellioun, not onlie be divers baronis and landit men his Hienes subjectis, hot within the heid burgh of the sherefdome of Dumfries " (Reg, Privy Coun. , vol. iii. pp. 607, 638). Garlics' letter gives an idea of who the barons and landed men were. 1 Soon to rise. " Before. ^ Wish. ^ perth. 5 Sir J. Balfour having died in December 1.583, this was probably written in 1584. — Seg. Privy Coun., vol. iii., p. 514. " Son or brother in law. CORRESPONDENCE OF SIR PATRICK WAUS. 299 Letter from John Nicolson^ to the Laird of Barnbarroch, 28tli August 1584. [Holograph.] My lord, eftir maist humble commendatioun of my seruice, Althocht I haif-iust caus to complene vpoun your (1) be ressoun of the non keping of your day, And als becaus your (1) promeis is not kepit vnto me, insafer as I half not ressauit compleit pay- ment of the 11° lb, bot nyne scoir pundis thairof alanerly; yit fpr the reuerence I beir vnto your (1), and becaus I am informit that your Q.) is dissapoyntit be sum merchandis of this toun, quhome in ye lippinnit mair nor the valour of that sowme, I will nocht vse extremitye aganis your (1), Albeit I be preissit tbairvnto be my lord collector generall.^ And thairfoir I dowt nocht bot your (1) will caus mak me payment of that xx lb quhilk is retanid, for certainly it hes anoyit me mekle to suffer my siluer wark to ly sa lang in gadge for na proffeit to my self, and than to ressaue vnthankfull payment. The Berar hes promissit in your (1) name that it salbe payit within ten or xii dayis at the fardest, quhairin I pray your (1) to be cairfull of the keping of this promeis, that I be nocht dissapoyntit in this HtUl sowme, as I haif bene this yer bygane, for It is to my greitt expenssis. My lord collector, being in this toun at the parlia- ment, hes thrippit vpon me that I wes caution to him for your (1) for the haiU sowme contenit in your obligation, and hes preissit me to pay him the rest of your obligation, extending to 1" Lxxv li and od schillingis, conforme to your obligation, and albeit I declarit to him that I had supersedit yow to the thrid day of October, yit I culd find na grace, Bot it behuiffit me to caus fumise him 1" li thairof, quhilk the provest of this toun hes done at my desyir, and hes ressauit me caution thairfoir betuixt this and the first day of October. And thairfoir I will beseik your (1) to caus the rest of the money to be in reddines, at the leist samekle thairof as will satisfie the provest, betixt and the first of October nrxt, for vtherwyis I man vse my lordis lettres aganis your (1), or than I man sit in the toUbuyt of edy'. I ' Probably clerk to Mr John Sharpe (see postscript). * Of the thirds. This was Adam, Commendator of Cambuskenneth. 300 COEEESPONDENCE OF SIE PATEICK WAUS. knaw my lord hes writtin to yow for this same effect, as for the new actis of parliament, thair ar few maid at this tyme, for the honoris came hot ane day ^ to the toUbyt, vpon the quhHk day aU the forfaltouris wer sumerly decernit(?) Thair is ane act maid aganis the beneficit personis,^ ordaiaing thame to acknawledge the k authorite to approve the lait actis of parlia- ment, and to acknawledge the byschop as the ordiner, and to subscryue ane obligation to that effect to the Bishop ; and, In cace thay refuse, to tyne thair benefice ipso facto. Item ane act declaring all pensionis gerin furth of the twa part of the Bischoprikis of Sanct andros, glasgw, and aberdeen to be null, reservand alwyis the k modification. The auld bischop of Dun- keld is restorit exceptand kileiperis takkis. Ane act ordaining thre fishe dayis in the oulk, Wednisday, fryday, and setterday vnder the pie of confiscatioun of all thair movable guddis. This is the sum of the new actis, by^ ratification of auld actis. safar as I remember. And suae I commit your (1) to the pro- tection of god. fra edy"^ the xxvui day of Agust 1584 yeris. — Youris (1) at power to be commandit with seruice, Jo. Nicolson. I half dischargit your commission to my M'', M"" Jo Scharpe, quha hes him hartly commendit to your (1). To the Eycht hono'^ Ser patrik Vaus of bamebarro knycht^ ane of the senatouris of the coUedge of Justice. Letter signed " Aedmillan," * to the Laied of Baenbaekoch, 6th September 1584 (?). Me lord, efter me hartlie commendatioune, this present is till aduerteis your (1) that your (L) vrait to me for the witsunday termes maUl of the fourscoir yeir of god, quhilk I wald haue ' The Privy Council sat on 26tli, 27th, and 28th August, in Edinburgh. " These were acts hostile to the Kirk, passed under Arran's administration. * Ardmillan, near Girvan. The Laird is not identified, but he was a Kennedy. COKEESPONDENCE OF SIR TATEICK WAUS. 301 send to your L, geif I had gottin ane sufficient discharge ; for the dewtie of my land is hot xxiiij lib ten schilKngis at the terme ; And alss alex"*^ part, my eme, is hot sevin lib termeUe. forder your (L) commandit Johne kennedye of knockdaw to speik with me, and to schaw me your L mynd thairvpon ; I haue delyuerit to Johne kennedye the haiU sowme bayth of myne awin part and of alex' my erne, and hes send dischargis to your (L) to subscryue. And in the meintyme ane Johne bannatyne^ and chargit me, and my eme bayth, to pay the mertimes termes maill of the yeir of god 1"" y" fourscoir thre yeiris, and sicklik the witsonday termes maill preceiding in the said fourscoir thre yeiris ; your (L) sail wit that I and alex'' my eme hes payit the same to Jo° scherar in name of M"^ Eobert,^ and hes Johne scheraris ^ dischargis thairvpon togidder with M"^ Eobertis, and alss the chargis of the Lordis to pay the same to thame ; quhairfoir I beleue your L will nocht trubiU me forder, seing that I haue payit it, bot will stay forder chargis quhill the law dayis, or quhill your L and I speik ; And your L anseris in wryte quhat I saU lippen to. Sua committis your L to god. Off Ardmilland the saxt day of September. — Be your assurit ireind at command, Ardmylland. To the rycht honorabUl My Lord of Bamebarroch this be delyuerit. Letter from the Laied of Baenbaeeoch to the Laird of Gaelies, 23d September 1584. [Holograph.] Rycht hono"^ Ser, efter my hartlie commendatione, and ^ ye be remembirit I wret to yow of befoir quhow that the gude man of the achanis, antony Eo* Stewart,* and Johne Dunbar, your freindis ' A word seems to be omitted, ? came, or has been. ^ Mr Robert, probably Stewart, cbamberlain of Whithorn ; and John Scherar was a messenger-at-arms. 3 An, if. * Antony and Robert Stewart were sons by his third marriage of Sir Alexander Stewart of Garlies, and therefore half-brothers of the present Laird of Garlics' father. 302 COEKESPONDENCE OE SIR PATEIOK WAUS. and seruandis, had cheyssit ^ Jone m'morran messinger in that -w™ gordounis hous, and had slane him war nocht his defenss, and the gude man of the hous ; and antony had said for the execution of the pryoris letteris he sould brek his heid, and now the this last nycht, at v houris after none, antony, m'bryd his seruand, and Jo'"' glen tuik sett^ vpoun the said Johns m'morrane, and wald haif slane him, war nocht w™ gordoun ; to quhome he said he wes evyr pairt to resett ony that come out of the place of barnbarach, and alss said that he sould haif m'morrane lyf, tak his part quha wald in galloway, sua seyn ^ Ser that aU this is done for the executioun of the k ma*'^ letters for the pryoris * cans and myne, and I think ye as bailye, quha in your office of haUyerie is suorne to mantene and defend him in his pryorie, suld not be content that his office suld ony wayiss be in this maner handillit ; and with the quhilk for my part can nocht be content" thairwith, bot to haif reformatioun heirof as honestie requiris. and ser, gif I had bene alss vikit as sum in the cuntray, I could haif bene evin with ro* Stewart,^ quha past yester nycht to quhitthern in his aleyne, sua it may nocht stand with my dewtie to cheiss ^ the pryoris seruandis for the execu- tioun of his letteris, and thai to rin.as thai do. Eemitting the rest to your wisdome, and credit to the berar as to my selff ; I think this is evUl payment, and ane vrang vay to seik the pryoris kyndnes, to vse this maner of dailling, and salbe fund in my debt presentlie mair nor for hundreth merkis. sua I committis your (m) In the protectioun of the almychtie god. frome barn- barach the xxiij day of September 1584. Barnbarrache. And farther this wes done quhen the said officer ves passand to the mercat town of Wigtown, to haif chargit the lard of kiUasser, and wtheris of the pryore, to mak payment to the k ma*^= of his thrid, and the pryorie of his dewtie as syndre vitnessis. To the hono" the lard of garleiss. "Written on back — The coppe of ane letter I send to the layrde of garleyss. ^ Chased. ^ May be "took and set upon." ' Seeing. * Of Whithorn. ^ A Mr Eobert Stewart was chamberlain of Whithorn. COKRESPONDENCE OF SIR PATRICK WAUS. 303 Letter from Machirmore, Younger, to the Laird of Barn- BARROCH, probably 24-29th September 1584. My Lord, Efter my hartlie commendation of seruice, forsa- mekiU as the laird of garleis cheve ^ me that anttone stewart minded to misvs ^ your 1 offiser, quhairof I marvall, gewe your L maisteris ^ ony purpus that I am nocht aduertisit as your (1) freind. my lord, I man desyir your (1) make nocht ane bake of me. in tyme of seruice and neid I sail be als reddie to sye * the honour of your (L) hooss as ony freind that parties the hooss of barinbarocht in chotland. Swa I remit all wthir occation to your (L) aduertisment, quhan your (L) thinkis gud. the lard of garliss viU be at barinbaraeht this setterday, vyle ^ be your (L) in godis favour, of fichyle,^ this fourisday, be your (L) assurit frend and seruand to his vtirmist, Machrimor Youngerr. To my veray speciall gud lord my lord of barinbarach. Letter from William Gordon of Barquhill to the Laird of Barnbaeroch, probably 1584. My lord, efter maist hartlie commendatioun of seruice, this present is lat your (1) know that the lard of garleiss of&cer hes cum this monoon day ^ to your (lo) grwnd of appilbe, and thair requirit me and my servandis to lay in baylze work^ to him ; the quhUk I reffusit ; thane he wald half bene in my pwirmenis ^ houssis to haif pundit thame, the quhilk I stayit him, and wald nocht lat him mell ^^ wyth nane of the pwirmenis * geir, hot desyrit him to gang to the grand, and tak sik lyk geir as wald satefe ^^ the lard his maister ; the quhilk he hes tane ane gray hors of myne : and in respek of your (lo) contromanding me on ^ Shew, showed. " Doubtful, perhaps Misuse. ' Misteris, i.e,, needs. * See. 5 ? Quhile, till then. « ? For Physgill, a local name. ' Monday. ^ Work done gratis by tenants for a landlord. The bailie was the representa- tive of the baron, who had power of ' ' pit and gallows, " i.e., of death. The word "Bailie-day" is still in use in 'Wigtownshire, when farmers send their horses and ploughs to assist a neighbour. ' Poor men's. " Meddle. " Satisfy. 304 CORRESPONDENCE OF SIR PATRICK WAUS. fraday last, I wald gef him na geir, bot lat him tak; quhairthrow your (lo) may crayf^ spwlzie^ on the same, or vthirwyss seik remeid as your (lo) thinkis meit; for I half sindre famovs witness, vthiris nor my awn servandis, that he haid ony pretext of punding, except the lardis command. I tuk this cummer to hald your (lo) heretaig^ out of wrang, (ws) as your (lo) commandit me, the quhilk I half ewUl will for the same doing ; gaif I half your (lo) gudwUl I forss* the les. your lo aduertice me in wryt quhat your (lo) thinkis to do thairin, for I think ane peice of schame that my geir is tane by * the rest, and furdar I marwell mekle on your (lo) that send nocht on Sunday, as ye promesit, to gar deuyd ® the medowis ^ according to my complent : yet as of befoir I pray your (lo) to send downe your awin servandis to deuyd ^ thame, for I will complent to na uthersis to ewin thingis of your heretaig, bot your self: and this I hoip your (1) will nocht faill to do, or aduertice me in wryt quhidder ye wUl do It or nocht. Nocht ellis, bot committe your (lo) to the protectione of god. frome appilbe, this teysday. Be youris (lo) seruitor, William gordoun of barquhulle. And fardar your (lo) sail wndirstand vpone teysday eftir the deytment * of this wryt, the officer brocht my hors agane, and band him in my closs ; and Johne the lardis broder, and tomas with him, and vthersis of thair complesis ; and offirat strakis to my servandis, and tuik thre of thame prisors^ wyth thame. Anent the hors I wald tak na intromissione wyth him, bot latis him gang for his awin hand in the craige ; thairfoir your (lo) will aduertice me in wryt geif I sail intromet wyth the hors ; or vthirwayis geif your (lo) wUl pgrsew for spulze : the rest reffaris to your (lo) aduertisment, for I dow nocht beir wyth sik oppression, and pay your (lo) sua greit dewate.'" To the rycht honorabill and my maist speciall my lord of barinbaroch. '■ Crave. » Spulzie, plunder, » Heritage. * Forss, sc, rni. to care. s Rather than. « Divide. ' Meadows. a Bate. 'Prisoners. "Duty, ic, rent.