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The manuscripts of His Grace the Duke of ... - Electric Scotland

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51<br />

Altliougli <strong>the</strong> Kirkpatrick family were so closely connected with <strong>the</strong><br />

Bruces and acquired considerable estates in Annandale and Nithsdale,<br />

and also produced several distinguished Knights, <strong>the</strong>y never attained to<br />

<strong>the</strong> dignity <strong>of</strong> <strong>the</strong> peerage.* Sir Thomas Kirkpatrick <strong>of</strong>Closeburn was<br />

created a baronet <strong>of</strong> Nova Scotia by patent, dated 29 March 1685, and<br />

<strong>the</strong> baronetcy has descended to Sir James <strong>the</strong> present and eighth<br />

baronet <strong>of</strong> Closeburn. <strong>The</strong> mansion <strong>of</strong> Closeburn which was built by<br />

<strong>the</strong> first baronet out <strong>of</strong> materials <strong>of</strong> <strong>the</strong> original Tower was burned<br />

to <strong>the</strong> ground in 1748, and all <strong>the</strong> charters, papers, portraits and plate,<br />

&c. perished in <strong>the</strong> conflagration. Closeburn was sold by Sir James,<br />

<strong>the</strong> fourth baronet, to Dr. James Stewart Menteith ; his son Charles<br />

was created a baronet in 1838.<br />

<strong>The</strong> Kirkpatrick Charters now reported on under this head embrace<br />

<strong>the</strong> period from 1372 to 1555.<br />

100. Charter by Duncan <strong>of</strong> Kirkpatrik, lord <strong>of</strong> that ilk, by which<br />

be grants, and by his present writ <strong>of</strong> mortgage, confirms to John <strong>of</strong><br />

Carro<strong>the</strong>ris two merks <strong>of</strong> land and a half merk which are called<br />

Glengepp and Gerardgille, within <strong>the</strong> tenement <strong>of</strong> Wemfray, for twenty<br />

merks <strong>of</strong> Sterlings paid to him by <strong>the</strong> said John ; to be held to <strong>the</strong> said<br />

John, his heirs, executors and assignees, till <strong>the</strong> grantor, his heirs or<br />

assignees, should pay to him, his heirs, executors or assignees, on one<br />

day twenty merks <strong>of</strong> Sterlings good and legal money : Fur<strong>the</strong>r, <strong>the</strong><br />

granter wills and commands that from <strong>the</strong> date <strong>of</strong> <strong>the</strong> present writ, till<br />

repayment <strong>of</strong> <strong>the</strong> twenty merks, <strong>the</strong> foresaid John, &c., should enjoy <strong>the</strong><br />

said lands without any fur<strong>the</strong>r payment or burden. If <strong>the</strong> lands should<br />

happen to be justly alienated from <strong>the</strong> said Duncan before <strong>the</strong> repayment<br />

<strong>of</strong> <strong>the</strong> twenty merks, <strong>the</strong> granter agrees that John Carro<strong>the</strong>ris and<br />

his heirs should enjoy an annual rent <strong>of</strong> 40 s. from <strong>the</strong> lands <strong>of</strong> Over<br />

Driff, within <strong>the</strong> tenement <strong>of</strong> Hotoun, due to <strong>the</strong> said Duncan, and his<br />

heirs, by <strong>the</strong> laird <strong>of</strong> Over DrifF, till he and his heirs were satisfied <strong>of</strong><br />

<strong>the</strong> twenty merks. To <strong>the</strong> present writ <strong>of</strong> mortgage his seal is attached.<br />

Given at Castilmilk, 22 April 1372. Witnesses, Sirs John <strong>of</strong> Carro<strong>the</strong>ris,<br />

canon <strong>of</strong> Glasgow, and Thomas <strong>of</strong> Sothayk, rector <strong>of</strong> <strong>the</strong> church<br />

<strong>of</strong> Corry, John Clerk <strong>of</strong> Rokhill. [Seal now wanting.]<br />

101. Charter by King Eobert <strong>the</strong> Third, granting to his beloved<br />

and faithful Duncan <strong>of</strong> Kirkpatrik, knight, and Isabel, his spouse, and<br />

<strong>the</strong> longer liver <strong>of</strong> ^em, <strong>the</strong> barony <strong>of</strong> Torthorwald, in <strong>the</strong> sheriffdom<br />

<strong>of</strong> Drumfres, which belonged to Duncan heritably, and was resigned by<br />

him into <strong>the</strong> King's hands, in presence <strong>of</strong> most part <strong>of</strong> <strong>the</strong> chief men,<br />

barons, and nobles <strong>of</strong> <strong>the</strong> kingdom : To be held by <strong>the</strong> said Duncan and<br />

Isabel, <strong>the</strong> survivor <strong>of</strong> <strong>the</strong>m, and <strong>the</strong> heirs <strong>of</strong> <strong>the</strong>ir bodies, whom failing<br />

<strong>the</strong> nearest and lawful heirs <strong>of</strong> Duncan whomsoever, <strong>of</strong> <strong>the</strong> King and<br />

his heirs, in fee and heritage for ever, for rendering <strong>the</strong> services due<br />

and wont. <strong>The</strong> King's seal is commanded to be affixed. Witnesses,<br />

Walter, bishop <strong>of</strong> St. Andrews, Gilbert, bishop <strong>of</strong> Aberdeen, chancellor,<br />

David <strong>Duke</strong> <strong>of</strong> Ro<strong>the</strong>say and Earl <strong>of</strong> Carrie, <strong>the</strong> King's eldest son,<br />

Robert, <strong>Duke</strong> <strong>of</strong> Albany, Earl <strong>of</strong> Fyf and Menteth, <strong>the</strong> King's bro<strong>the</strong>r<br />

german, Archibald Earl <strong>of</strong> Douglas, lord <strong>of</strong> Galloway (Galwidie), James<br />

<strong>of</strong> Douglas, lord <strong>of</strong> Dalketh, and Thomas <strong>of</strong> Erskyne, <strong>the</strong> King's<br />

cousins, knights. At' Dunbretane, 10th J<br />

August, ninth year <strong>of</strong> <strong>the</strong><br />

King's reign [1398]. Fragment <strong>of</strong> seal remaining. Not in Register <strong>of</strong><br />

Great Seal.<br />

* Eugenie, late Empress <strong>of</strong> <strong>the</strong> French, is from a branch <strong>of</strong> <strong>the</strong> Kirkpatrick<br />

family.<br />

D 2

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