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The family of Burnett of Leys, with collateral - Electric Scotland

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DEESIDE BURNETTS: VI. ALEXANDER. 15<br />

marriage, and the previous propinquity alluded to in the dispensation,<br />

the relations between the two families seem to have been by no means<br />

friendly.<br />

It has been seen that Tilliboy and Little Culter are described<br />

in the charter <strong>of</strong> 1324-5, conveying them to Alexander Burnard, as<br />

formerly the property <strong>of</strong> John <strong>of</strong> Walchop. It is rather left to be<br />

understood, than distinctly specified, that they had come into the King's<br />

hands by forfeiture, and it is not specified by whose forfeiture. A<br />

bounding charter was, as already noted, granted to Robert, son <strong>of</strong> Alan<br />

<strong>of</strong> Walchop, by Alexander II. in 1247 <strong>of</strong> Tilliboy, Culter, and Ardboik,<br />

including the lands in question. <strong>The</strong> heiress <strong>of</strong> the Walchop <strong>family</strong><br />

had, late in the I3th century, married Comyn <strong>of</strong> Inverallochy, and the<br />

forfeiture may have been in his time, or his son's. But it is clear that<br />

by some transaction <strong>of</strong> which we are ignorant the Comyns soon<br />

recovered Culter and Tilliboy, the Burnets, however, not thoroughly<br />

acquiescing in their possession <strong>of</strong> these lands. William Comyn <strong>of</strong><br />

Inverallochy and Culter was, at all events, so dissatisfied <strong>with</strong> his eldest<br />

son for uniting himself <strong>with</strong> a daughter <strong>of</strong> a <strong>family</strong> <strong>with</strong> whom he was<br />

at feud, that he threatened to disinherit him, and devolve both his<br />

paternal estates and those derived from the Wauchopes on a younger<br />

son, William. To defeat his father's purpose, Alexander Comyn entered<br />

to a Bond <strong>of</strong> Manrent and Maintenance <strong>with</strong> Alexander Irwyn <strong>of</strong> Drum,<br />

<strong>of</strong> date igth August, 1478. That document set forth how his father had<br />

" "<br />

shaped him <strong>of</strong> evil imagination and false suggestion to disinherit him<br />

both as to his "auld heritage and new conquests," and Drum as his<br />

" chief," binds himself to defend him in both as he would defend his own<br />

heritage <strong>of</strong> Drum, and " fortify him both late and air in judgment as he<br />

should defend his man and kinsman." * As the price <strong>of</strong> this protection,<br />

Drum was to get 100 merks, the first payment to be made out <strong>of</strong> his<br />

" marriage gudis," and his marriage is " to be completed, God willing, in<br />

the eldest married Christian Burnet, daughter to the Laird <strong>of</strong> <strong>Leys</strong>, his near kinswoman, and<br />

for the consanguinity procured a dispensation from the Pope, dated nth January, 1480, now<br />

in the hands <strong>of</strong> Cumin <strong>of</strong> Coulter. His father, William, disliking the marriage, did dispose<br />

to his second son, William, the lands <strong>of</strong> Inverallachie and others he then had in Buchan, and<br />

reserved only the barony <strong>of</strong> Coulter <strong>with</strong> the pertinents to his eldest son."<br />

*<br />

Alexander Comyn's grandmother had been an Irvine. Drum, as has been previously<br />

observed, calls <strong>Leys</strong> as well as Comyn his kinsman. If the mother or grandmother <strong>of</strong> the<br />

latter had been an Irvine, the consanguinity between the Comyns and Burnets would be accounted<br />

for, which made the papal dispensation necessary.

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