That which I deem to be interesting
in this Deed, consists mainly in its being granted by, and thus bearing
the signature of, a lady who, and whose children, were conspicuous in the
tragic events of Scottish history which transpired within a few years
after its date.
The granter of the Deed was Lady
Margaret Erskine, then the widow of Sir Robert Douglas of Lochleven. It
was signed by her at Lochleven in her maiden name of "Margaret Erskyn,"
and as Lady of Lochleven. It was not unusual for married ladies to sign
their maiden names at this date, and it was a general custom to do so when
they became widows. Lady Margaret Douglas was the mother of the Regent
Murray, who, as is well known, was an illegitimate son of James the Fifth.
It so happens that he (the son) is named in the Deed as "ane nobill and
mighty Lord James Stewart," and Lady Douglas authorised her procurators
and agents to appear before him as the superior of the lands, he, holding
such character as "commendator of Saint Andrews, and Convent of ye same."
Lady Douglas was also the mother of Sir William Douglas of Lochleven, to
whose custody Queen Mary was committed in his castle at Lochleven on
17th June
1567. Lady Douglas herself lived at Lochleven Castle during Queen Mary’s
imprisonment, and was practically the custodian of the Queen’s person.
Further, it was her son George Douglas, who, with Lord Seton and Sir James
Hamilton, aided the Queen’s escape to Niddrie Castle on 2nd May 1568, and
afterwards to Hamilton, and fought for her at Langside on the 13th of that
month; while the elder brother Sir William Douglas took part with the
Regent’s army, and is said, by his skill and bravery, to have materially
contributed to the defeat of the Queen’s forces, which proved the ruin of
her cause, and the prelude of her doom.
In the opening of the 21st chapter
of the Abbot, Sir Walter Scott gives a graphic description of Lady
Douglas.
We do not expect historical accuracy
even in Sir Walter Scott’s Novels, but I may notice that Sir Walter speaks
of Lady Douglas as the wife of Sir William Douglas, which this Deed
proves to be a mistake, as she describes herself in it as the widow of
Sir Robert
Douglas. Sir William Douglas was her eldest son. however, it is more
important to notice that Principal Robertson, in his History of
Scotland, states that Lady Douglas was the wife of Sir William,
to whom Queen Mary was committed, while in fact she was his mother (Book
5). Mr Tytler
and Mr Burton, however, give the true account of the relationship, and
this Deed confirms them.
In thinking of the personages named
in the Deed under consideration, and the time when it was granted, one is
reminded how memorable a year 1560 was in Scottish history. In it Mary of
Lorraine, the Queen Regent of Scotland, died. In it the French forces,
which had come to the aid of the Queen Regent against the Lords of the
Congregation, as well as Queen Elizabeth’s troops, which were in Scotland
to aid these Lords, both departed from Scotland, and left the natives for
some time to fight out their own quarrels. Shortly thereafter, and in the
same year, the Scots Parliament established the Reformed religion, and
prohibited the Roman Catholic system. George Lermonth of Balcomy, in whose
favour the Deed was granted, sat in this parliament; and finally, at the
close of 1560, Francis II. of France, the husband of Queen Mary, died,
this being certainly an event very vital, as affecting the subsequent
history of our country.
In books of Scots history, the
Regent Murray is usually described as Prior of St. Andrews, which was a
title applicable to an ecclesiastic, but he was not such, being in fact a
soldier, and he never assumed an ecclesiastical title. The Deed properly
describes him as Commendator of the Convent of St. Andrews, which is the
title applicable to a locum tenens.
Mr. Burton remarks on the absence of
any information as to the condition or style of Lochleven Castle as a
residence, there being no mention anywhere of the matter, and it is
impossible in his opinion to form any correct idea on the subject from the
existing ruins. This Deed shows that, a few years prior to Queen Mary’s
abode there, and presumably at that time, Lochleven Castle was suitable,
and was actually used as the house of a lady of rank. Leaving out of view,
therefore, the fact that the Queen’s stay there was compulsory and under
restraint, the place cannot be held to have been selected from any wish to
demean the Queen, or to put her in a residence which was in itself
degrading. It seems obvious that the place was chosen for its seclusion
and security alone.
The Deed is interesting to feudal
lawyers for its brevity and completeness, and as a contrast to the
elaborateness and prolixity developed in after ages in the preparation of
similar deeds. It bears to have been signed before three witnesses and
"others divors," that is several others, but none of them sign the Deed.
It was not imperative that witnesses should sign until the year 1681, when
an Act was passed providing that only subscribing witnesses should be
recognised.
Deed referred to in the foregoing
Notes.
Be it kend till all men be thir
present letters me Margaret Erskyn relict of umquhile Robert Douglass of
Lochlevin and Feufirmorar of the Lands of Northbank wyth the pertinents to
haif maid constitut and ordanit and be thir present letters makis
constitutis and ordanis honorable men and my weil belovittis Maister Alane
Lamonth and David Orme and Thomas Arklay, and ilk ane of them conjunctly
and severally my warray lawfall and undoutit Procurators Attorneys Factors
and special errand Beraris givand grantand and committand to my saids
Procurators or to ony ane of them my full fre plane power special
mandiment express bidding command and charge for me and in my name and
behalf to pass to the personal presens of ane nobill and mighty Lord James
Stewart Comendator of Sanct Andrews and Convent of the same upon
quhatsumevir day or days place or places and thair in my name and behalf
to resign and freely ourgift in thair hands All and Haill the saids Lands
of Northbank wyth the pertinents liand wyt-in the Regalitie of Sanct
Andrews and Sheriffdome of Fyff as in the hands of the Superior therof in
favors of ane honorable man George Lermonth of Balcomy for heritibill
infeftment to be given to hyrn of the foresaids lands in feu ferme and
heritably after his deceisyt to John Lermonth his son his airs and
assignais wyth all rycht and titill of rycht clame propertie and
possessione quhilk I had hes or any wayis may clame or haif to the
foresaids Lands of Northbank wyt the pertinents in ony time to cum
renunciand the samyn for me my airis and assignais for now and ever to the
effect the said George Lermonth may be heritablie infeft in the foresaids
lands wyt the pertinents in maner above expremit and after his deceist to
the said John Lermonth his son his airis and assignais and therupon
Instruments and Documents to ask lift and raiss and generally all and
quhatsomiver my said Procurators conjunctly and severally in the premissis
lawfullie bides to be done in my name and to stand and abide at ye same
firme and stabill, haldand and for to hald and to stand for thame in
judgment and outouth, giff neid beis, under the panis of my guds movable
and immovable, and I never to come in the contrar hairof. In witness of
the whilk thing to thir my present Letters of procuratory I haif
subscrivit the samen wyth my hand my sele is hairto affixit at Locldeven
the XVI day of October the yeir of God jm ve and threescore yeres before
thir witnesses Patrick Heburn of Tullibole, Henry Douglas of Muckhart
Mill, James Demsterton wyt others divers.
MARGARET ERSKYN
Lady of Lochlevin.