Index

THE GAELIC EARLS OF ATHOLL

And Conan of Glen Errochty

(Perthshire)



PART I - INTRODUCTION


The earldom of Atholl from the reign of David I, king of Scots (1124-1153), until the reign of his grandson, William I, king of Scots (1165-1214), remained unfeudalised. In the list of documents below, the names of the first three native earls of Atholl are recorded from father to son, namely, Madach, to his son, Malcolm, and from him to Earl Henry. He was the last of the native line, but not the end of the bloodline. They ruled a large part of Perthshire with its churches, lands and thanages in the valleys of the Upper Tay and Tummel, and their chief place was located at Raith in the parish of Logierait. When Earl Henry died about 1211, he left behind two legitimate daughters and heiresses, Isabel and Forbflaith, countesses of Atholl, and an illegitimate son, called Conan. The Earl’s death pre-empted a series of disputes over succession to the earldom between the sisters and their respective husbands, Thomas de Galloway and David Hastings, and the feudal practice of inheritance, where earls held the dual role of being both heads of kin and provincial leaders under the king. The concern to keep the headship of kin within the agnatic lineage where the earldom and its lands descended through female lines seems to have been settled with the’ earldom’ of Atholl passing through a succession of females, to be held by their husbands, whilst the ‘kin’ retained a say in the settlements involving property and jurisdiction from within the earldom (see nos 17 and 20)1.


Traces of the principal lineages within the derbfine or ‘certain family’ from which the head of kin was chosen are also evident along with the Gaelic style of naming used to distinguish each branch within the clan. This followed the patronymic style of ‘mac’ meaning ‘son of’, prefixed to one’s father or lineage name. The earliest discernible name ‘MacMaelmuire’ appears in a charter granted by Earl Malcolm of Atholl, which records the name of Malise MacMalmuire, one of Malcolm’s witnesses (see no. 39) and also found in the name of ‘Constantine MacMalemuire’ (no. 26). Their patronymic is indicative of a lineage perhaps descending from Maelmuire, said to be father of Madach, earl of Atholl. Several other lineage names appear in the thirteenth century, including, MacDuncan and MacGillemichael; later in the fourteenth century, we find ‘son of’ applied as a suffix, e.g., Duncanson and Fergusson. From the Duncansons, the chiefs of the Clan Donnachaidh are traditionally said to have descended2.  There is also evidence to show the old Celtic office of judex or judice, (Gaelic britheamh, Scots dempster), the presiding officer within the earl’s law court, continued to function through out the thirteenth century and was very likely hereditary.  


The list begins with Ewan, son of Conan, son of Earl Henry, and Malcolm, son of Conan, who appears to have succeeded Ewan on his death by 1284.  Earl Henry’s natural son, Conan, called of the wood, was in possession of the forests of Glen Errochty, the forest of Tulloch on the southside of the Errochty river, and Coille Bhrochain above the Tummell river, which were held directly from the earl of Atholl. Although, not mentioned, it is very likely he was also head forester of other woods within the earldom of Atholl, including the the forest of Atholl and held them in return for feudal service.  His son Ewan would inherit Glen Errochty, Tulloch and Coille Bhrochain, and Malcolm, called son of Conan, is known to have held the forest of Coille Bhrochain after Ewan’s death3.  Ewen left behind married daughters, but no known son to inherit his estate. To date, no other records have turned up to show what became of his daugthers.  Malcolm may well have been alive on the eve of Edward I’s invasion of Scotland, an event that triggered the first war and the long struggle for Independence. The first war ended with the battle of Dunbar on 27 April, 1296, which produced a large collection of records listing the names of over 1700 Scots, from the nobility to commoners, and landowners to churchmen. Some of these records are discussed further in part II.


References:

 1. Orm, Richard: Domination and Lordship Scotland 1070-1230 (Edinburgh, 2011), p. 224.

 2. Duncan, A. A. M.: Scotland: The Making of Scotland (Edinburgh, 1975) p. 178.

 3. Milliken, Alan: Malcolm, a son of Conan of Glenerochie in West Highland Notes & Queries (2018), Series 4, no. 8, pp. 19-20.



[1] Malcolm son of Conan


1284-1306: [Extract] Charter whereby John de Strathbolgy (Strathbogie), earl of Atholl, grants and by his present charter established to Sir John de Inchmartyn, knight, for his homage and service, the land of Kelbrothay (Coille Bhorchain), on the resignation of Malcolm mac Cunyg, and which Malcolm mac Cunyg resigned by rod and staff in perpetuity to the infeftment of the said Sir John de Inchmartyn; also all his land of ‘Dyserd Lytyl’, and all his land of Bothrocheny (Borenich) with the fortalice which is called ‘Carryc’, and all his land of Bothmasked (Bonskeid), which in resigned in favorem by William de Ferendrach (Frendraught), and which the said William de Ferendrach resigned by rod and staff to the infeftment of the said Sir John de Inchmartyn: To hold said lands in perpetuity with all liberties, pertinents and easements pertaining to them, except the land of ‘Strugaryth’, which Kenet mac Nakerd holds of the earl.  Witnessed by Sir Robert de Keith; Sir Norman de Leslyn (Leslie); Sir Lawrence de Strathbolgy, knights; Master John de Hathinton (Haddington), the grantor’s chamberlain; Thomas de Preston, canon of Dunkeld and many others.

[National Records of Scotland, Charters RH6/67]


Note: In William Edgar’s map of 1745 for the Duke of Atholl’s earldom, it is Keilbrochan; James Stobie’s map of 1783, as Coitbrochan; his map of 1805, a Coil-brochan; John Thompson map of 1832, as Coitbroching; OS One-inch to a mile, 1st edition 1860-63, as Coille Bhrochain; in the 2nd edition it is Coille Bhrochain; in the 1908 OS One-inch to the mile, sheet 55 Blair Atholl, it is Coille Bhrochain. Kenneth mac Nakerd may have been the father or near relation of “Gregor Makenkerd”, one of the valets of Sir John de Strathbogie, earl of Atholl, and his knights, Sir Alexander de Menzie and Sir John de Inchmartyn, who were taken prisoner with the earl after the battle of Dunbar on 27 April, 1296. Gregor is not mentioned in the list of prisoners sent to England in May, 1296, but must have travelled with them as their valet. He appears in a list of men from the ealdrom of Athol, who were partially freed from imprisonment on condition that they join King Edward I and his army in France. One of the other valets listed, Andrew de Strugartenay, bears a name that has been interpreted as Strathgartney in the parish of Callander. However, the first part of this name – ‘Strugar’ - is very similar to ‘Strugaryth’ in the above charter, which belonged to the earl of Atholl. The resignations by Malcolm mac Conan and William de Frendraught of their respective properties, seems to have taken place about the time Sir John de Inchmartyn entered the earl’s service, as he was with him when taken prisoner in 1296.  For further reading on the release of the earl of Atholl and his men, see Calendar of Documents relating to Scotland 1282-1307 by Joseph Bain (Edinburgh, 1884), Vol. II, nos. 939 & 942.


[2] Mary, widow of the late Ewen son of Conan


October 26, 1284: [Abstract] Maria, widow of the late ‘Eugene son of Coning’, acted against God and justice by harrassing Sir William de Moray, knight, son of Sir Malcolm de Moray, knight, against the terms of their agreement, to which she consented in the time of her husband Eugene. Wishing to make satisfaction, she now grants to William the whole eastern half of Tullibardine in Perthshire in perpetual feuferme. Witnessed by “magiftro Symone Belle perpetuo vicario de Strivelyn, domino Douenaldo priore de Mothil, domino Clemente capellano decano Chriftianitatis de Stratherrn, dominis Nevino et Andrea capellanis, Rogero de Laffelis cleric, Malcolmo de Kynros, Haldano judice, Monach macAlpy, Hugone de Erthe, Randulpho Methfenne, Johanne filio prefbiteri burgenfi de Huchterardor.”

[Registrum Episcopatus Moranviennsis (Edinburgh, 1837), App. (Carte Originales), p. 467, no. 15]


Note: Marie was the daughter and co-heiress of Conval, son of Duncan, laird of Tullibardine. The witnesses listed are: Master Simon Bell, perpetual vicar of Stirling; Donald, prior of Muthill; Clement, chaplain of the Dead of Strathern; Nevin and Andrew, chaplain, Roger de Lascelles, clerk; Malcolm de Kinross, Haldan the judge, Monach mac Aplin, Sir Hugh de Airth, knight; Ranulf de Mathven; and John, son of the priest, burgess of Auchterarder.


[3] Ewen son of Conan of Glen Errochty


October 9, 1282: [Transcript] Omnibus hoc scriptum visuris vel audituris, Eugenius filius Conyng salute in domino. Noverit universitas vestra me impignorasse totum boscum meum de Kelbrochachi cum omnibus rectis divisis suis et justis pertinenciis et omnimodis aysiamentis viris religiosis abbati et conventui de Cupro pro viginti marcis bonorum et legalium sterlingorum quas michi in mea magna necessitate mutuo premanibus concesserunt: de quibus denariis teneo me perpacatum et clamo quietum. Unde volo quod dicti viri eligiosi auxilio consuetudine et seculari demanda donec dicte viginti marce sibi fuerint integer persolute Ita quod non licebit michi interim nec heredibus meis de dicto bosco aliquid dare vendere scindere vel alio modo distrahere nisi ad focale et ad domos meas proprias construendas et reparandas. Dicti vero abbas et conventus similiter non dabunt vendent nec destruent de toto bosco nisi ad sua et monasterii sui propria edificial construenda exceptis ramis et mortuo bosco ad sustentationem sui forestarii quem habebunt ibidem ad dictum boscum custodiedum. Et ego similiter habebo ibedem servientem meum qui segites meas et Pascua nee non et doctum boscum cum dicto forestario similiter custodiet. Et est sciendum quod si contingat me vel aliquem heredum meorum aliquot casu contingente vel aliqua necessitate compellente antequam dicta pecunia fuerit solute terram mean de Kelbrochachy vel aliquam ejus partem impignorare vel alicui ad firmam dare preter quam filliis meis et husbandis vel aliquot alio modo a me et heredibus meis ad tempus vel imperpetuum alienare dicti viri religiosi habebunt dictam terram ante omnes alios pro eodem foro quod alii dare voluerint. Preterea est sciendum quod quando cunque ego vel heredes mei dictas viginti marcas dictis abbati et conventui persolverimus dictum boscum una cum presenti scripto ad me et heredes meos sine omni contradiction libere revertetur salvo dictis abbati et conventui communi suo quod in predicto bosco ex collation antecessorum meorum ab antique habuerunt et habent. Ego vero et heredes mei presentem conventionem dictis abbati et conventui contra omnes hominess et feminas warantizabimus et defendemus. Volo et et [sic] concede quod dicti viri religiosi possint me et heredes meos ad observationem omnium predictorum compellere per quamcumque aliam viam visum fuerit eis melius expedire. Renunciando pro me et heredibus meis juris auxilio canonici et civilis. Nec non et omnibus indulgencies crucesignatis et crucesignandis indultis et indulgendis. Insuper supposui me et heredes meos jurisdictioni et cohercioni virorum discretorum magistrorum W. Archdiaconi et H. officialis Dunkeldensis quod ipsi et eorum successors vel eorum alter qui ad hoc fuerit requistus possint vel posit in me et heredes meos sententiam excommunicationis et in terras nostras sententias interdicti nulla monicione premissa fulminare si presumserimus contra dictam convencionem in toto vel parte venire nullatenus relaxandam donec dictis viris religiosis tam de transgressione quam de expensis gravaminibus et dampnis quas vel que occasione jujus transgressionis fecerint vel incurrerint ad plenum fuerit satisfactionem et credetur super hoc simplia veredictio dicti abbatis et dutorum commonachorum suorum quos ad hoc voluerit connotare sine alio onere probationis. Ad ista ante omnia sine fraude dolo et malo ingenio firmiter et fideliter observanda in manu dicti officials fidem prestiti corporalem. In cujus rei testimonium presenti scripto sigillum meum unacum sigillo dicti officials feci apponi. Datum apud albam capellam fratrum ordinis de Monte Carmely apud Perth die octogesimo secundo. Teste capitulo.

[Macphail, J.R.N. (ed): Papers from the collection of Sir William Fraser, SHS (1924), 3rd ser, Vol. 5, Miscellaneous Papers, 217-19, no. 1]


[Abstract] Wadset by Ewen, son of Conan, granting that he had wadset to the Abbot and Convent of Cupar for 20 merks sterling his wood of Kelbrochachi which they were to hold free from all service, aid, etc. until the said sum was repaid, so that it should be unlawful for the granter or his heirs to give, sell, cut or take away any part thereof unless for fuel or for building and repairing his own houses. The Abbot and Convent are likewise prohibited from disposing of or using the wood unless for the erection of their own buildings, (their forester having the branches and dead wood) and the granter was to have his servant there to look after his crops and pasture, and also to keep the said wood with the said forester. It is also provided that if the granter or his heirs should wadset his lands of Kelbrochachy or any part thereof, or grant the same for ferm to any one, except to his daughters and their husbands, or alienate it for a period or for ever, the Abbot and Convent should have it before others for the same price which others are willing to pay; and that whenever the said sum was repaid, the wood was to return to the granter, reserving to the Abbot and Convent their common therein which they had from of old by the collation of his ancestors. The granter binds himself to warrant and defend this agreement and grants that he can be compelled to observe it by royal distraint (districtum regium), ecclesiastical censure, or by any other way which seems to the Abbot and Convent expedient, renouncing all exceptions of law and of fact, all prohibition, the aid of law, whether canon or civil, all letters obtained from courts and all indulgences granted or to be granted for the Crusades. Moreover, the granter submits himself to the jurisdiction of Mr. W., archdeacon, and Mr. H., official, of Dunkeld, who may without warning pronounce sentence of excommunication against him and his heirs and sentence of interdict against their lands if they contravene this grant, relaxation not being granted until the Abbot and Convent are satisfied for the damage caused by the contravention, which was to be assessed by the Abbot and two of the monks without any other proof. Attested by the seals (awanting) of the granter and the said official. At the White Chapel of the Friars of the Order of Mount Carnely at Perth on the day of St. Dionisius (9 October) 1282.


Note: Kelbrochachy is the wood or forest of Coille Bhrochain above the river Tummell in Blair Atholl. The lands of ‘Kelbrothay’, etc. were granted by John de Strathbolgy, earl of Athole, to John de Inchmartyn 1282-1306 (previously, General Register House charters, 67).  See Scotland and its Neighbours in the Middle Ages by G. W. Barrow (London, 1992), p. 107, n.9.


[4] Andrew son of Gillemuire, clerk of the Church of Dull


March 6, 1270: Memorandum St Baldred’s Day, 1269 that Andrew, son of Gillemuire, clerk ('clerauch') of Dull did homage to John of Haddington, prior of St Andrews, in the Priory of St Andrews, genuflecting and placing his hand in the hand of the prior, with Thomas, vicar of Dull, William of Clatto, John of Norham the younger, canons, present, and swore touching the Gospels to hold true the homage to the said prior and convent.

[Liber Cartatum Priortoratus Sancti Andree in Scotia (Edinburgh, 1841) p. 349]


[5] Ewen, judex of Atholl


February 12, 1265: Memorandum Thursday after the feast of St Scholastica the Virgin, 1264, of pleas held by John, prior of St Andrews, at ‘Dull in Atholia’ near the great rock on west side of house of Thomas, vicar [of Dull]. On that day Colin, son of Angus, and Bridin, son of same, and also Colin's brother, Gillies, did homage to the prior and convent as their liegemen, in the presence of everyone named here, Sir Maurice, called of Dull, Sir Richard, called of Pitkierie, canons, Thomas, then vicar of Dull, Rothryothir, Duncan, clerk, called Makmulethir, Nicholas MacDuncan, Macbeth MacGillemichel, Ewen, 'judex', Gilcolin Makgugir, Macbeth MacKenneth, Kennauch Makyny, John son of Rothry, Macrath the priest and many others whose names are not known.

[Liber Cartatum Priortoratus Sancti Andree in Scotia (Edinburgh, 1841) p. 349]


Note: Prior to 1290, the names of only two judices survive from the earldom of Atholl, Malise, who attested a grant by Earl Henry, and Ewan, who attested the homage of Colin and Bridin, sons of Angus, and also Colin's brother, Gillies, at ‘Dull in Atholia’ on 12 February, 1265. This ceremonial act was witnessed by five clerics, namely, Sir Maurice, called of Dull, Sir Richard, called of Pitkierie, canons, Thomas, then vicar of Dull, Rothryothir, and Duncan, clerk, called Makmulethir. They are followed next by ‘Nicholas makDunkan’, ‘Makbeth makgillemichel’ and Ewen, 'judex', and a number of other men almost certainly laymen. Ewen judex of Atholl might well have been Ewen son of Conan son of Earl Henry of Atholl? His place within the earldom of Atholl is well attested and as a member of the old order, he would have been ideally placed to learn the laws from his father, Conan, and near kinsmen. He is also known to have held a feudal tenement from the earl of Atholl, which he would have held in return for his homage and services rendered at the earl’s court.


In the Memorandum above, Nicholas’s social status is indicated by his place and order within the list of witnesses preceding Ewen judex, suggesting Nicholas held a senior rank along with MacBeth MacGillemichael within the kinship of Atholl. It is very likely Nicholas and MacBeth’s forebears, Duncan and Gillemichael, were heads of kin within the kindred of Atholl and lived at the turn of the thirteenth century. Of the two, the personal name Duncan is the most celebrated and the one name with lasting effect that has been transmitted from generation to generaton.


[6] Ewen or Eugene son of Conan son of Henry


c.1263: [Transcript] Eugenius filius Cumingi filius Henrici, comitis Atholiae, confirms the donation and charter made by his father of the easements of his woods [of all Glenherthy and of Tolikyne]. Testibus: Domino Nicolao de Haya, Domino Roberto de Cambrun, Roberto de Haya, Helya Cockerell, Willielmo Bruch, etc.

[Rental Book of Cistercian Abbey of Coupar-Angus, edited by Rev. Charles Rogers, Grampian Club, (London, 1879), Vol. 1, p. 334, no. 38]


Note: Ewen, son of Conan son of Earl Henry of Atholl, renews to the Abbey of Coupar Angus the charter made by his father (see no. 15) of the right to use his woods of all Glenherhty and of Tolikyne. Nicholas de Haya, lord of Errol, acted for his father Gilbert in 1263 in turning in the Exchequer accounts for the sheriffdom of Perth. Nicholas was active from about this time.


[7] Church of Dull in Atholl


April 26, 1245

Geoffrey, bishop of Dunkeld, gives notice that on the Wednesday after the Sunday on which 'Quasimodo geniti' is sung, 1245, John, prior of St Andrews, and Peter de Linlithgow, canon of St Andrews, representatives of St Andrews Priory, on one side, and William Comyn, who was claiming to be the rector of the church of Dull, on the other side, appeared in the chapter of the Friars Preachers before him, and his brethren, Adam the Dean, Master William the Archdeacon, Robert the Treasurer, and other canons of the cathedral church of Dunkeld. After many and various disputes, William Comyn, led by free will and the Spirit of God, resigned the cure of souls of the church of Dull, and the whole right which he had in it, both in the spiritualities and in the temporalities, into the hands of Bishop Geoffrey. After he had inspected the legal documents, both of the Earl of Atholl, and the confirmation of Alexander, King of Scotland, as well as of Bishop Hugh (Bishop Geoffrey's predecessor) and his chapter of Dunkeld in respect of the bestowal and confirmation of the church of Dull, granted to the church of St Andrews and the canons there, to possess then and in the future; with the advice of Clement, bishop of Dunblane, and his own canons of Dunkeld cathedral, he has found that the canons of St Andrews have the full and clearest right in the church of Dull, and that they are in possession of the church by a yearly payment of 3 marks which they had been accustomed to receive from the hands of William Comyn; wherefore Bishop Geoffrey, keeping to the path of his predecessors, and desiring to make every security as far as he can for the canons of St Andrews, has introduced them into the corporal possession of the church of Dull; and by the authority granted to him by God, and with the agreement and approval of his chapter, he has granted and confirmed the same church to the canons, present and future, and has assigned the fullest security he can by the possession of documents, so that they should be able, freely and without objection from anyone at all, to turn the fruits, both greater and smaller, of the said church to their own perpetual use for the future, without any objection; saving only to the chapter of Dunkeld for the future the chapel of Glenlyon, which had been granted and bestowed to the same chapter of old for the sake of peace, according to what is more fully set out in the foregoing documents, and saving 15 marks for the work of the vicar who shall minister to the church of Dull, and 15 marks for the work of the chaplain who shall minister to the chapel of Foss, and saving episcopal dues; and the aforesaid vicar shall be answerable in respect of the procurations of the Dean and Archdeacon.

[Liber Cartatum Priortoratus Sancti Andree in Scotia (Edinburgh, 1841) p. 307-308]


Note: Willliam Comyn, rector of the Church of Dull in Atholl, was the third son of William Comyn, earl of Buchan (d.c.1233).


[8] Forbflaith, countess of Atholl, Conan son of Earl Henry of Atholl


1246-1247

[Transcript] Confirmatio Femlleth, Comitisse Atholie, de terra de Dunfolantyne. Omnibus Christi fidelibus hoc scriptum visuris vel audituris, Fernleth, Comitissa Atholie, salutem. Noveritis me caritatis intuitu pro salute anime mee et pro anima Domini David de Hastings quondam viri mei, Comitis Atholie, et pro animabus omnium antecessorum et successorum meorum, concessisse et hac presenti carta mea confirmasse Deo et Beate Marie de Cupro et monachis ibidem Deo servientibus et in perpetuum servituris terram de Dunfolenthies Huchthir, illam scilicet quam Magister Nessus, medicus Regis, dictis monachis in puram et perpetuam elemosinam dedit et carta sua confirmavit; quamquidem terram ego in legia potestate viduitatis mee constituta predicto Nesso pro homagio et servitio suo mihi impendendo dedi; quam terram modo Keinnach Mackgilleger de dictis monachis ad firmam tenet. Quare volo quod dicti monachi predictam terram cum omnibus commoditatibus et asiamentis eidem terre pertinentibus pacifice et honorifice teneant et possideant libere ab omni onere et servitio Domini Regis et Comitis Atholie et a quibuscunque oneribus que de dicta terra ab aliquo quovis modo exigi poterint vel requiri. Et ut hec mea concessio et confirmatio robur perpetue firmitatis optineat eam presentis pagine testimonio sigilli mei appositione roboravi. His testibus Domino Gilberto de Haya, Domino Roberto Meneres, Domino Aymero de Machuswell, Domino Simone de Lindesay, Domino Willelmo de Haya, Domino Johanne capellano (sic), Cumming filio Comitis, et multis aliis.

[Ramsay, Sir James H.: Bamff Charters A.D. 1232-1703 (Oxford, 1915), pp-8-9]


Note: Charter of Forbflaith, countess of Atholl, confirming to Coupar Angus Abbey the grant of the lands of Dunfallandy 'Auchter' (Wester?), which Master Ness, the king's physician, gave to the monks, which she gave to Ness for his homage and service, and which Keinnach Mackgilleger holds of the said monks at ferme. The chapel of Dunfallandy was granted to the Abbey of Scone.


Another copy of the previous charter


1246-1247

Transcript] Omnibus ... Forleth, Comitissa Atholie, salutem. Noveritis me caritatis intuitu pro salute anime mee et pro anima Domini David de Hastings quondam viri mei, Comitis Atholie, et pro animabus omnium antecessorum et successorum meorum, concessisse et hac presenti carta mea confirmasse Deo et Beate Marie de Cupro et monachis ... Terram de Dunfolenthies Huchthir, illam scilicet quam Magister nessus medicus Regis dictis monachis in puram et perpetuam Elemosinam dedit et carta sua confirmavit. Quamquidem terram, Ego in legia potestate viduitatis mee constituta predicto Nesso pro homagio et servitio suo mihi impendendo dedi. Quam terram modo Keinnach Mackgilleger de dictis monachis ad firmam tenet. Quare volo quod dicti monachi predictam terram, cum omnibus commoditatibus et asiamentis eidem terre pertinentibus, pacifice et honorifice teneant et possideant libere ab omni onere, et servitio Domini Regis et Comitis Atholie, et a quibuscunque oneribus que de dicta terra ab aliquo quovis modo exigi potuit vel requiri. Et ut hec mea concessio et confirmatio robur perpetue firmitatis optineat, eam presentis pagine testimonio sigilli mei appositione roboravi. His testibus Domino Gilberto de Haya, Domino Roberto Meneres, Domino Aymero de Machuswell, Domino Simone de Lindesay, Domino Willelmo de Haya, Domino Johanne capellano (sic), Cumming filio Comitis, et multis aliis.

[Charters of the Abbey of Coupar Angus, Vol. 1, Charters I to CXVIII, 1166-1376, Scottish History Society (Edinburgh, 1947), 3rd Serious, Vol. 40, p. 119, no. 52]


Note: Added at end of charter by transcriber. The seal in Redwaz is appended, being the Effigies of a woman with a Shepard’s staff in her hand, but the head is broken off, and the letters yet ligible are, Et comitissa. It is writ on parchment and quotted on the back (341) Confirmatio Fornfleth Comisse Atholie De terris de Dunfolantyne. Alexander II, king of Scots, confirmed this grant on July 3, 1247.


[9] Forbflaith, countess of Atholl


1246-1247: Carta clonationis Nessi, medici doniini regis, Deo St Mariae et monachis de Cupro in puram et perpetuam elimosinam, pro salute animae piae recordationis Domini Dauid de Hasting, Comitis Atholice, et Forflisae sponsae suae Comitissae Atholiae, viz., terra de Dunfolemthim hutyhr illam, viz., qnam predictus dominus Dauid Comes Atholiae et Forflissa Comitissa mihi dederunt pro seruitio meo et homagio, &c.

[Rental Book of Cistercian Abbey of Coupar-Angus, edited by Rev. Charles Rogers, Grampian Club, (London, 1879), Vol. 1, p. 348, no. 86]


Note: It would appear, Earl David de Hastings was already dead by the time this confirmation was made. Charter of donation of Ness, medicus of the lord king, to Coupar Angus Abbey, in pure and perpetual alms, for the welfare of the soul of Sir David of Hastings, earl of Atholl, pie recordationis, and his spouse Forflisa (Forbhflaith), countess of Atholl, of the lands of Upper Dunfallandy, which the earl and countess gave him for his homage and service.


[10] David Hasting, earl of Athol, and his spouse, Forbflaith, countess of Atholl


1242-1247: [Transcript] Sciant tam presents quam future quod ego Dauid de Hasting Comes Atholie concessi et hac presenti carta mea confirmaui doe et beate marie de Cupro et monachis .... de consensus et assensu Forwht sponse mee Comitisse Atholie et heredum meorum pro salute anime mee et sponse me et omnium antecessorum et successorum meorum Tolach quam Ewyn mac pole ad firman a dictis monachis iam tenet que est iuxta Innervak per suas rectas diuisas cum omnibus justis pertinenciis et libertatibus suis quam dominus Thomas de Galweya comes Atholie dictis ecclesie et monachis in puram et perpetuam elemosinam possidenda dedit et concessit Tenedam et habendam dictis monachis de predicto Thoma et heredibus suis inperpetuum Ita libere ... sicut carta eiusdame comitis dictis monachis inde data plenius testator et eiusdem Thome comitis sponsa Isabella comitssa Atholie eisdem monachis dictam terram tenendam et habendam concessit et carta sua Inde confirmauit. In cuius Rei testimonium carte Confirmacionis mea sigillum meum feci apponi.  Hiis testibus Willelmo Cumyn, Domino Alano Hostiario justiciario Scocie, Domino Roberto de meneris, domino Johanne de Cambrona, domino Simone de Lindesay militibus. Domino Roberto Capellano et multis aliis. Confirmacio dauid de Hastying Comitis Atholie de Tholawch.

[Charters of the Abbey of Coupar Angus, Vol. 1, Charters I to CXVIII, 1166-1376, Scottish History Society (Edinburgh, 1947), 3rd Serious, Vol. 40, no. 50]


Note: Charter by David of Hastings, earl of Atholl, to Coupar Angus Abbey, by which he granted and established with the consent and assent of Forbflaith, his spouse, countess of Atholl, Tulach, which Ewyn Mac Pole holds at ferme from the said monks, which is next to Invervack, which Sir Thomas of Galloway, earl of Atholl, gave and granted to the said monks, as Isabella, countess of Atholl, spouse of Earl Thomas, granted to them and by her charter established.


[11] David Hastings, earl of Atholl


1242-1247: [Abstract] Charter of confirmation by David de Hastings, earl of Atholl, to Coupar Angus Abbey of the lands of Invervack, which the late William Olifard gave them and against himself alienated [?] in pure and perpetual alms, as freely and honourably as Thomas, earl of Atholl gave, for his homage and service. Witnessed by Walter Comyn, earl of Menteith; Alan Hostiaro, justiciar of Scotland; Robert Menzies; John Cambrun [Cameron]; Simon de Lindsay, knight; Robert Cambrun [Cameron], etc.

[Rental Book of Cistercian Abbey of Coupar-Angus, edited by Rev. Charles Rogers, Grampian Club, (London, 1879), Vol. 1, p. 332, no. 31]


[12] David Hastings, earl of Atholl


1242-1247

[Abstract] Charter of confirmation by David de Hastings, earl of Atholl, to Coupar Angus Abbey of the donation by Isabella, countess of Atholl, of Murthly. Witnessed by Walter Comyn, earl of Menteith, etc.

[Rental Book of Cistercian Abbey of Coupar-Angus, edited by Rev. Charles Rogers, Grampian Club, (London, 1879), Vol. 1, p. 332, no. 33]


[13] Macbeth Mac Gilledoueny and Rothery Othiris


1240-1251

Charter by Robert de Menzies in favour of Matthew of Moncreiffe, knight, giving, granting, and by this his present charter established the lands of ‘Culdares’ and the other ‘Culdares’ (Culdaremore and Culdarebeg) in barony of Moncreiffe, with their right bounds and pertinents, without any reservation, in all liberties and easements, saving his fishing on the water called ‘Lyoun’, and making the service of the 20th part of a knight and forinsec service of the lord king. “Hiis testibus domino Davide de Meyneris magistro Ada de Malcarueston, Thoma de Meyneris, Roberto de Mersingtoun, Killo de Strathgryfe, Macbeth Mac Gilledoueny, Rothery Othiris et multis aliis”.

[Moncreiff, Frederick & Moncreiff, William: The Moncreiffs and The Moncreiffes: A History of the Family of Moncreiff of that Ilk and its Collateral Branches (Edinburgh, 1929), Vol. II, p. 639]


Note: Rothery Othiris appears in the memorandum of pleas held by John, prior of St Andrews, at Dull in Atholia in 1264. As Rothryothir, he and his son, John son of Rothry, are listed as jurors. Othir or Othiris is derived from the Gaelic word ‘Odhar’, meaning dun or dark.


[14] Church of Moulin in Atholl


April 16, 1237

[Abstract] Geoffrey, bishop of Dunkeld, as a result of a dispute between abbeys of Dunfermline and Scone over teinds of 'Inveralmond' and 'Hervicroc', makes known that abbot and convent of Scone have quitclaimed all right which they had in those teinds, saving to house of Scone any manner of teinds of 'island' of Scone. Also, abbot and convent of Dunfermline have given to the abbot and convent of Scone their church of “Molin in Atholia”, in bishopric of Dunkeld, saving land which David of Hastings held at ferme in same parish by bishop's authority and consent, for 24 marks yearly paid to Dunfermline. This ordinance should be observed on penalty of 100 marks towards the fabric of Dunkeld. Date at the ‘Cathedral Church of Dunkelden’.

[Registrum de Dunfermelyn (Edinburgh, 1842), no. 205 & 306]


[15] Conan son of Earl Henry of Atholl


1235-1242

[Transcript] Carta donationis Cumingi filii Henrici comitis Atholiae, Deo, Sanctae Mariae et monachis de Cupro, de asiamenta bosci mei, de toto Glenherthy et de Tolikyne. Testibus: Domino Roberto de Haya, Johane Capellauo eius, Magjstro Johane phisico, et Petro clerico eius.

[Rental Book of Cistercian Abbey of Coupar-Angus, edited by Rev. Charles Rogers, Grampian Club, (London, 1879), Vol. 1, p. 334, no. 37]


Note: Conan son of Earl Henry, gifts his easements (rights) of his wood, of all Glenherthy (modern Glen Errochty) and of Toliknye (see no. 16 for Tulyhen and no. 10 for Tolach), modern Tulach near Blair Atholl, to the Abbey of Coupar Angus.


[16] Conan son of Earl Henry of Atholl


1235-1242: Headed: CONAN de Bosco

[Transcript] Omnibvs hoc scriptum uisuris uel audituris Conanus filius henrici quondam Comitis de Athoyle, Salutem. Sciatis me dedisse, concessisse, et hac presenti carta mea confirmasse deo et abbacie de Lundors et Domino Johanni tunc abbati, et monachis ipsius abbacie deo seruientibus et seruituris, pro salute anime mee et uxoris mee, et puerorum meorum, et omnium antecessorum et successorum meorum, lignum siccum quod dicitur mortuum boscum ad ardendum quantum uoluerint, et ligna que dicuntur Wrawes de bule et de auhne, quantum opus habuerint: Et centum tractus uirgarum de corilo ad trahas suas faciendas, et centum longas uirgas ad circulos faciendos; Capiendas annuatim de Bosco meo Tulyhen, vbi melius et propius eis fuerit, et habenda sibi et successoribus suis de me et heredibus meis in perpetuum, et unum messuagium in terra mea ubi manere possint homines illorum qui predicta ligna secabunt, et ad aquam trahent, cum pastura ad v. uaccas et ad unum equum, in puram liberam et perpetuam elemosinam, scilicet, vbicunque uacce mee pascunt, sine omni exaccione seruicio et demanda seculari. Et ego et heredes mei warentizabimus eis predictam elemosinam in perpetuum. Testibus, Dominis Colino de Lundyn, Radulfo de Fefwerel, militibus, Johanne de Hastinges, Ewyn filio meo [my son], Hath filio Gilbrid genero meo, Madith de Clonyn, Johanne de Klogestoun, Michaele de Galewath, Roberto filio Ylyf".


Headed: 'CONAN of the wood

[Abstract] Conan son of Henry, late Earl of Atholl, grants to Lindores and to Lord John, then abbot, and the monks, for the weal of the souls of himself, his wife, his children, his ancestors and successors, dry timber (lignum siccum), which is called dead wood (mortuum boscum), for fuel, as much as they need, and the wood which is called ‘wrawes of bule and of auhne,' also one hundred loads (tractus) of hazel rods for making their sleds (trahas), and one hundred long rods for making hoops (circulos), to be taken yearly from his wood of Tulyhen, where it shall be best and nearest to them, and also one house (messuagium) on his land where the men of the monks may stay who will cut the aforesaid wood and draw it to the water, with pasture for five cows and one horse, in pure and perpetual alms, wherever his cows were pastured, free of all service, etc. He and his heirs grant warrandice. Witnessed by Sir Colin de Lundin, Sir Ralph de Feverel, knights; John de Hastings, Ewen my son, Aed son of Gilbride my son-in-law, Madith de Clunes, John de Clogstone, Michael de Galloway, Robert son of Eilaf.

[Chartulary of the Abbey of Lindores 1195-1479, edited by Rev. John Dowden, Scottish History Society (Edinburgh, 1903), p. 79, no. 73]


[17] Church of Dull in Atholl


April 22, 1234

[Abstract] An agreement is formed between William Comyn, clerk, and the prior and convent of St Andrews by which William demits to them the church of Dull, to hold for his lifetime, rendering yearly 68 marks, 22 marks at Martinmas and 22 marks at the Purification of BVM, and 21 marks at Easter, and answering for episcopal dues and synodalia. The three remaining marks they shall retain for the three marks pension owed by the same William from the church of Dull. Date at Easter 1234.

[National Library of Scotland, Adv. MS.15.1.18, no. 31]


Note: Willliam Comyn, clerk of the church of Dull in Atholl, son of William Comyn, earl of Buchan (d.c.1233), was the younger brother of Walter Comyn, earl of Menteith, mentioned below. William Comyn was the son of Richard Comyn and Hextilda daughter of Uchtred, lord of Tynedale. Sometime between 1179 and 1183, Earl Malcolm of Atholl gifted the Church of Dull to the Prior of St. Andrews, and in his charter, he specified the church was to be transferred to them after the death of William, his clerk (see no. 34). This very specific statement is suggestive of a special relationship, unfortunately, William’s family surname remains obscure.


[18] Margaret and Isabel, Countesses of Atholl


1232-1233

Charter by Walter Comyn, earl of Menteith, and Countess Margaret, wife of Earl Henry (of Atholl), and Robert de Mowat, and Duncan son of Sibald, and Geoffrey de Bosco, make known that in AD 1232 on the vigils of St Laurence, there was present at “Raith in Atholia”, in front of us, Countess Isabel, legitimate heir to Atholl, constituted in free power (i.e., of widowhood), after the death of her lord, Thomas, earl, of Galloway, for the welfare of her soul and for the souls of her ancestors and successors, gave and by her charter established to Coupar Angus Abbey, her whole land of Murthly. This document is corroborated with the seals of the aforementioned individuals, so that none of the heirs of the said countess by pretext, such as that the same was not at that time in her free power, no charter or confirmation of the same may contradict it.

[Rental Book of Cistercian Abbey of Coupar-Angus, edited by Rev. Charles Rogers, Grampian Club, (London, 1879), Vol. 1, p. 333, no. 34]


Note: On the vigils of St Laurence, 1232’. If this is St Laurence the Martyr, then August 9, 1232. If this is St Laurence of Canterbury, then it is February 2, 1233 (1232=Julian Calander). Alan Young has suggested Walter Comyn, lord of Badenoch, married the heiress to the earldom of Monteith, Isabel daughter of Maurice, third earl of Montieth, c.1233, and acquired the earldom of Monteith c.1234. The foregoing charter demonstrates Walter was already in possession of the earldom of Montieth by the beginning of 1233, and that he had married Isabel by the vigils of St Laurence in 1232. Archibald Duncan has suggested Isobel’s mother, Margaret, countess of Atholl, was possibly connected to the Comyn family. If he is right, the relationship between the Comyn family and the earls of Atholl and their influence in Atholl has been significantly underestimated.


[19] Margaret and Isabel, Countesses of Atholl


1232-1233

[Abstract] Charter of Isabella, countess of Atholl, to Coupar Angus Abbey, of the whole and complete lands of Murthly, with all its just pertinents. Witnessed by Margaret, countess of Atholl [Earl Henry’s widow]; Walter Comyn, earl of Menteith; Robert Mowat, knight; Geoffrey de Bosco, etc.

[Rental Book of Cistercian Abbey of Coupar-Angus, edited by Rev. Charles Rogers, Grampian Club, (London, 1879), Vol. 1, p. 332, no. 32]


[20] Margaret and Isabel, Countesses of Atholl


1232-1233

Omnibus ... Isabel comitissa atholie Salutem in domino. Sciant omnes ... me in legia potestate pure viduetatis mee concessisse ... Deo et sancte marie de Cupro et monachis ... pro salute anime mee et anime domini mei Thome Comitis Atolie et omnium antecessorum et successorum nostrorum Tolawch quam modo Farchar macholf tanquam firmarius de dictis viris religiosis tenet qui (rectius que) est iuxta Innvervak per suas rectas diuisas cum omnibus iustis pertinenciis et libertatibus suis quam dominus meus Thomas Comes Atholie dictis ecclesie et monachis in puram et perpetuam elemosinam possidendam dedit et concessit. Tenendam et habendam dictis monachis de predicto domino meo et heredibus suis in perpetuum Ita libere ... sicut carta eiusdem domini mei comitis prefatis monachis Inde data plenius in se proportat et testator. In cuius Rei Testimonium huic presenti carte confirmacionis mee sigillum meum patenter apponi feci. Hiis testibus. M. Comitissa matre mea. Domino Waltero Comin. Domino Roberto Mouvat. Domino G. De Bosco. Maduff filio comitis et multis aliis. Seal intact. Endorsed Comfirmacio Isabelle comitisse de Tolawch et vak per se.

[Charters of the Abbey of Coupar Angus, Vol. 1, Charters I to CXVIII, 1166-1376, Scottish History Society (Edinburgh, 1947), 3rd Serious, Vol. 40, p. 89-90, no. 39]


Note: Charter by Isabel, countess of Atholl, granting and establishing by this her charter to Coupar Angus Abbey, the lands of Tulach, which Farchar Macholf holds as a renter from the said monks, which is next to Invervack, as her lord Thomas, earl of Atholl, gave and granted to the said monks. Her witnesses: Margaret, countess of Atholl [Earl Henry’s widow]; Walter Comyn, earl of Menteith; Robert Mowat, knight, justiciar, sheriff of Forfar, Geoffrey de Bosco; Madith, son of the earl of Menteith. Macholf or Mac Holf is probably ‘son of Eilaf’, the same Eilaf father of Robert, one of the witnesses to a charter by Conan son of Earl Henry of Atholl to the Abbey of Lindores Abbey dated sometime between 1235 and 1242. ‘Eilaf’ could well be Elias (in Gaelic meaning elf or sprite) chaplain to Earl Malcolm of Atholl and scribe to his charter granting the church of Dull in Atholl to St Andrews Priory.  


[21] Margaret and Isabel, Countesses of Atholl


1232-1233

[Abstract] Charter of confirmation by Isabel, countess of Atholl, in her ‘free widowhood’, for the welfare of the souls of herself and of her lord Thomas, late earl of Atholl, to Coupar Angus Abbey, of the lands of Invervack, which William Olifard gave them. Witnessed by Margaret, countess of Atholl [Earl Henry’s widow]; Walter Comyn, earl of Menteith; Robert Mowat, knight; Geoffrey de Bosco; Madith, son of the earl of Menteith; Hugh, larderer, and others.

[Rental Book of Cistercian Abbey of Coupar-Angus, edited by Rev. Charles Rogers, Grampian Club, (London, 1879), Vol. 1, p. 332, no. 30]


[22] Confirmation Charter of King Alexander II, King of Scots


August 28, 1228

[Abstract] King Alexander II gives, grants and by royal authority establishes whatever goods, King David, Earl Henry, King Malcolm, and his father, King William, and certain others gave and granted to Bishop Robert and St Andrews Priory to St Andrews Priory, including: “Item ex donacone Malcolmi comitif de Hattiol et exconfirmacone Henrici filii fui ecctiam de dull cum capellif terrif decimif”

[Liber Cartatum Priortoratus Sancti Andree in Scotia (Edinburgh, 1841) p. 235]


[23] David Hasting, earl of Athol


1217-1236

[Abstract] Charter of David of Hastings notifies that he has received at feuferme from Sir W(illiam), abbot of Dunfermline, and the convent of Dunfermline, their land of Moulin, namely ‘Petduuedi’, ‘Petmaldoich’, ‘Balcoñ’ and ‘Petmacduuegil’, by their right bounds, with all pertinents, and with all neyfs pertaining to the land, holding as freely as the said abbot and convent hold it by donation of Earl Malcolm, of good memory, and by the confirmation of his successors, for an annual render of 100s., payable in the abbey of Scone, to the prior or subprior there or the abbot’s messenger, within 15 days of Pentecost. Witnessed by Galfrido, clerk of Liberatione; William de Nidin (Nydie); Master Alan de Perth; Robert Frebern; William de Pitliver; William de Mastertun and many others.

[Registrum de Dunfermelyn (Edinburgh, 1842), no. 150]


[24] Thomas de Galloway, earl of Athol


1218-1231

[Abstract] Charter of Thomas of Galloway, earl of Atholl, and his wife Isabel, countess of Atholl, confirming the donation to the Dunfermline Abbey by the Earl Malcolm and his son, Henry, earl of Atholl, of the church of Moulin with all its pertinents and three ploughgates of land, namely, 'Petduuedi', 'Petmaldoic', 'Balchonene', 'Petmacdufgille'. Witnessed by Master Hugo de Mortimer (dean of Glasgow); John Byset; Will Brun; Eustace Malherbe; William, clerk of Moray; Peter Byset; Rad’ de Brade, clerk; Henry son of Galfrido de Perth; Nicholas de Benauchin (Bendochy).

[Registrum de Dunfermelyn (Edinburgh, 1842), no. 149]


[25] Thomas de Galloway, earl of Athol


1218-1231

[Transcript] Sciant omnes ... quod ego Thomas de Galweia comes Atholie dedi ....  deo et ecclesie beate marie de Cupre et monachis ... pro salute anime mee antecessorum et successorum meorum totam terram illam que uocatur Tholaw, per suas rectas divisas, cum omnibus pertinenciis, libertatibus, et aisiamentis suis. Tenendam de me et heredibus meis in puram et perpetuam elemosinam ita libere sicut aliqui uiri religiosi per regnum Scocie aliquam terram de dono alicuius comitis, militis, uel baronis in elemosinam concessam, liberius ... tenent uel possident. Hiis testibus Willelmo Olifart, Alexandro de Sethon, Reginaldo Const[abulario], Roberto Crowef[ord], Johanne de Loereng, Alano cleric comitis et multis aliis.

[Charters of the Abbey of Coupar Angus, Vol. 1, Charters I to CXVIII, 1166-1376, Scottish History Society (Edinburgh, 1947), 3rd Serious, Vol. 40, p. 48-49, no. 22]


Note: Charter by Thomas of Galloway, earl of Atholl, granting the whole land called Tulach to the monks of Coupar Angus Abbey. William Oliphant died c.1247.


[26] Constantine MacMalmuire & Dub Loingsig


1218-1231

[Transcript] Sciant omnes tarn presentes quam futuri quod ego Thomas de Galweta Comes Atholie concessi et hac mea carta confirmaui Deo et ecclesie beate Marie de Cuper et monachis ibidem deo seruientibus pro salute anime mee antecessorum et successorum meorum Inuervac que est iuxta Tholaw per suas rectas diuisas cum omnibus pertinentiis suis quam eis Willelmus Olifart miles meus in puram et perpetuam elemosinam dedit concessit et carta sua confirmauit Tenendam de predicto Willelmo et heredibus suis in perpetuum libere et quiete plenarie et honorifice sicut ego earn illi pro seruicio suo et heredibus suis in perpetuum possidendam dedi et carta mea confirmaui et sicut carta predicti Willelmi illis data testatur. Hiis testibus. Alexandre de Sethun. Reginaldo Coustabulario. Roberto de Croweford. Johanne Le Loereng. Alano clerico Comitis. Constantino Macmalmori, Duflunch, et multis aliis.

[Anderson, Joseph: The Oliphants in Scotland, with a selection of Original Documents from the Charter Chest at Cask (Edinburgh, 1874), no. 3]


Note: Charter by Thomas of Galloway, earl of Atholl, has granted to Coupar Angus Abbey, Invervack next to Tulach, which William Olifard, knight, gave, to be held of William and his heirs in perpetuity, as freely as Thomas gave, and as attested by charter of the aforesaid William, who was the earl’s knight. Duflunch is Dub Loingsig.


[27] Dub Loingsig


1218-1231

[Transcript] Carta Willielmi Olifard facta monachis de Cupro cum consensu et assensu Domini mei Thomse Comitis Atholiae et Isabellae sponsae suae, Imath que est inter Tholawe per rectas divisas suas, &c. Testibus: Alexandro de Settune, Roberto Crawfurd, Johane de Lorenge, Dufflimiche, &c.

[Rental Book of Cistercian Abbey of Coupar-Angus, edited by Rev. Charles Rogers, Grampian Club, (London, 1879), Vol. 1, p. 331, no. 28]


Note: Charter of William Olifard to Coupar Angus Abbey, with the consent of his lord Thomas, earl of Atholl, and Isabella, his spouse, of Invervack in Tulach by its right bounds. This charter was confirmed by Thomas de Galloway, earl of Atholia, see Vol. 1, p. 331, no. 29.


[28] Duncan, dean of the Deanery of Atholl


1210-1214

[Abstract] John, bishop of Dunkeld, for Inchaffray Priory and J[ohn], the prior; has granted church of Madderty, as charter of Bishop John, his predecessor, bears witness, saving Episcopal rights. Henry, archdeacon [of Dunkeld]; Duncan, dean of Atholl; Eugene clerk [parsona of Clunie]; G and William, chaplains of John, bishop of Dunkeld; Master Robert, clerk; William, seneschal of John, bishop of Dunkeld; Michael, persona of Methven and many others.

[Liber Insule Missarum (Edinburgh, 1847), no. 70]


[29] Duncan, dean of the Deanery of Atholl


1203-1209

[Abstract] Charter by Richard, bishop of Dunkeld, granting to the monks of Coupar Angus Abbey the donation John [Scot], bishop of Dunkeld, made of 'Adbrek'. “His testibus Reinbaldo abate de Scona, Waltero priore de insula, magistro Henrico archidiacono nostro, matheo officiali dunkeldensi, Dunecano decano adtholiae, matheo decano de retref, Radulfo capellano nostro, Lowis et johanne clericis nostris, Eugenio cleric, A. persona de foreground et multis aliis.

[Charters of the Abbey of Coupar Angus, Vol. 1, Charters I to CXVIII, 1166-1376, Scottish History Society (Edinburgh, 1947), 3rd Serious, Vol. 40, no. 14]


[30] Duncan, dean of the Deanery of Atholl


1203-1209

[Abstract] Chirograph testifying that the monks of Coupar Angus Abbey will pay yearly on St Columba’s day a pound of incense to the church of Dunkeld in recognition and testimony of the approval and agreement by the canons of St Columba’s church, Dunkeld, regarding the donation of Bishop John of the land of Adbreck to the monks and the confirmation by Bishop Richard. Hiis testibus Reinbaldo abate de Scona, Waltero priore de insula, magistro Henrico archidiacono nostro, matheo officiali dunkeldensi, Dunecano decano adtholiae, matheo decano de retrif, Radulfo capellano nostro, Lewis, Johanne, Thoma, clericis episcope Ricardi, Eugenio cleric et Willelmo filio eius, Adam persona de forgrund et multis aliis.

[Charters of the Abbey of Coupar Angus, Vol. 1, Charters I to CXVIII, 1166-1376, Scottish History Society (Edinburgh, 1947), 3rd Serious, Vol. 40, no. 15]


[31] Henry, earl of Atholl


1194-1198

Comes Gilbertus de Straderne omnibus hominibus suis et amicis tam clericis quam laicis salute.  Sciant tam futuri quam presentes me dediffe et conceffiffe et hac mea carta confirmaffe Malcolmo filio comitis Duncani cum Matilda filia mea has terras scilicet Glendouan per omnes rectas diuisas suas et cum omnibus justis pertinentiis suis et Aldi et Foffedwege per omnes rectas divisas suas et cum omnibus justis pertinentiis suis in liberum maritagium in bosco in plano in pratis et pascuis in moris et maresiis in stagnis et molendinis in aquis et piscariis in capellis et ecclesiis et omnibus aliis asiamentis Tenendum habendum et poffidendum sibi et heredibus suis de me et heredibus meis ita libere quiete plenarie et honorifice sicut liberius quietius plenius et honorificentius aliquod maritagium alicujus comitis vel baronis tenetur habetur vel poffidetur in regno Scotie. His testibus: Johanne epifcopo Dunkeldensi; Roberto abbate de Scona; Ernaldo abbate de Cupro; Matilda comitissa mea; Henrico comite Atholie; Malliffio fratre meo; Mackbed, vicecomite de Scona; Willelmo de Cram'; Symone de Ramsay; Bricio judice; Gillenairem dapifero Comitis; Duncano thano de Streuelin; Gilchristo filio comitis etc.

[Liber Insule Missarum (Edinburgh, 1847), Appendix, no. 2]


[32] Henry, earl of Atholl


1189-1210

[Abstract] Charter of Henry, earl of Atholl, by which he granted and established to Dunfermline Abbey the donation Earl Mael Coluim his father made to them of the church of Moulin, with four ploughgates of land, namely, 'Petduuedi', 'Petmaldoic', 'Balchonene', 'Petmacdufgille'. Witnessed by Gilbert, earl of Strathearn (d.1223); Margaret, countess of Atholl; Michael and Robert, canons of Scone; Gillenef, seneschal of Strathearn; Alexander, knight; Richard and Beollan, chaplains; Malise, Earl Atholl’s brother; Gille Muire, seneschal of Atholl.

[Registrum de Dunfermelyn (Edinburgh, 1842), no. 148]


Note: Gille Muire may have been the father of Andrew, clerk of Dull (see no. 3).


[33] Henry, earl of Atholl


1189-1198

[Abstract] Charter of Henry, earl of ‘Hatholl’, to Priory of St Andrews granting the church of Dull as contained in a charter of Earl Malcolm his father. Witnessed by Countess Margaret, my spouse; Alexander de Seton; Malise, judex; Colin my ‘nepos’; Michael, my chamberlain; Angus my clerk; Richard, clerk of the bishop of St. Andrews.

[Liber Cartatum Priortoratus Sancti Andree in Scotia (Edinburgh, 1841) p. 246]


Note: Malise, judex of Atholl, was Earl Henry’s brother. He may or may not be the same Malise MacMalmuire (see no. 39). Colin is an Anglicised form of the Scottish Gaelic name Cailean, meaning “cub” or “young pup”.  It is also a diminutive form of the name Nicholas and interestingly, a development of the Norse name “Koli”, meaning “dark”.  The Latin word nepos, had a varied meaning in early medieval charters, it could mean nephew or grandson, and unless there is something else to indicate the exact nature of the kinship, it is usually left untranslated.


[34] Church of Logierait in Atholl


1189-1192

Johannes Dei gratia ecclefie Dunkeldenfis humilis minifter univeriis Sancte matris ecclefie filiis falutem Sciat universitas veftra nos dediffe conceffiffe et prefenti carta confirmaffe abbati de Scone et canonicis ibidem Deo serventibus et fervituris in liberam puram et perpetuam elemofinam ecclefiam de Logy mehedd in AthoIIia cum plenaries decimis et bcneficiis et rectitudinibus ad eandem ecclefiam iufte pertinentibus videlicet de Rath que eft capud comitatus et de toto thanagio de Dulmonych et de toto thainagio de Fandufuith et cum capellis iftis Kylkemy Dunfoluntyn Kilcaflyn Kilmichell de Tulichmat et omnibus ad eafdem capellas pertinentibus et toftum unum in prefato Logyn cum communi paftura ficut in carta comitis Henrici inde facta continetur prefatam infuper ecclefiam cum omnibus rectitudinibus et pertinentiis fuis et capellis prenominatis et earum pertinentiis prefato abbati et canonicis in proprios ufus fuos damus et confirmamus Salvis episcopalibus noftris Teftibus

[Liber Ecclesie de Scon (Edinburgh, 1843), no. 55]


Note: Charter of John, bishop of Dunkeld to Scone Abbey giving the church of Logierait in Atholl with full teinds, profits and rights belonging to that church, namely from Raith which is caput of the earldom and from whole thanage of Dalmarnock and from all thanage of Findowie and with chapels of Killiehangie, Dunfallandy, Killiechassie and Kilmichael of Tulliemet and one toft in Logie with common pasture as is contained in charter of Earl Henry [of Atholl], for their own uses, reserving his episcopal dues. This charter states Ratih was the caput of the earldom of Atholl.


[35] Church of Logierait in Atholl


1189-1195

Willelmus Dei gratia Rex Scottorum omnibus probis hominibus totius terre fue clericis et laicis falutem Sciatis me conceffiffe et hac carta mea confirmaffe Deo et ecclefie Sancti Michaelis de Scon et canonicis ibidem Deo fervientibus donationem illam quam Malcolmus Comes Atholie eiis fecit de ecclefia de Login mahedd cum capellis ad eam jufte pertinentibus fcilicet cum capella Kilchemi et Dunfolenthi et Kelkaffin et Kelmichelde Tulimath et cum omnibus aliis juftis pertinentiis fuis Tenend in liberam et perpetuam elemofinam ita libere et quiete plenarie et honorifice ficut alias elimofinas fuas liberius quietius plenius et honorificentius tenent et poffident et ficut carta ipfius comitis teftatur Teftibus Hugone cancellario meo Comite Dunecano Jufticiario Comite Gilleberto Willelmo de Haia Roberto de Berkel Apud Pert.

[Liber Ecclesie de Scon (Edinburgh, 1843), no. 27]


Note: Charter of confirmation by William I, king of Scots, of the donation of Malcolm, earl of Atholl of church of 'Login Mahedd' (Logierait), with chapel of Killiehangie and with chapels of Dunfallandy, Killiechassie and 'Kelmichel' of Tullimet. Witnessed by Hugh of Roxburgh, my chancellor; Earl Duncan, justiciar; Earl Gilbert; William de Hay; and Robert Barclay. Dated at Perth.


[36] Malcolm, earl of Atholl


Liber Vitae Ecclesiae Dunelmensis (Durham)

Malcolmus filius Mal. et comes Athodlie, Hextilda filia Ucthredi uxor ejus, Simon filus ejus, Henricius filius ejus, Duncecanus frater ejus, Bedoch soror ejus, Kelehathoni filius ejus, Cristina soror ejus, Margareta soror ejus, Constantinus nepos ejus, Willelmus Cumin, Cristien Cumin, Edeua Cumin, Ada Cumin, [retinue, possibly Willelmus clerius de Lidels and Gilebertus].

[Liber Vitae Ecclesiae Dunelmensis (Surtees Society, 1841), p. 100]


Note: Kelehathoni, first element Kele is Gille. The second element ‘hathon’ seems to have at least two possible derivatives. Firstly, it is similar to Hethna, a name found in ‘Hethna of Nisbet’, witness to a charter dated between 1160 and 1164, see R.C. Reid, ‘Some early de Soulis Charters’ TDGAS 3rd series, vol. 26 (1949), 150 – 62, no. 1 & 2. Secondly, it may be a corruption of Heth, a variant form of the Gaelic name Aedh or Aodh. Finally, it could the share femine Gaelic name Eithne found in early medieval documents relating to Scotland. It was not uncommon for men in Gaelic culture to have been named after female saints, e.g. Mael Muire.


[37] Malcolm, earl of Atholl


1183-1189

[Abstract] Charter by Malcolm, earl of Atholl, by which he gave, granted and established to the abbey of Dunfermline Abbey the church of Moulin with four ploughgates of land, namely, 'Petduuedi', 'Petmaldoic', 'Balchonene', 'Petmacdufgille'. The Earl and Countess Hextilda have given themselves up to the church of Dunfermline, so that when they have died, they may be buried there. Witnessed by William, king of Scots; Jocelin, bishop of Glasgow; Matthew, bishop of Aberdeen; John, bishop of Dunkeld; Simon, bishop of Dunblane; Turpin, bishop of Brechin; Robert, abbot of Scone; Henry, abbot of Arbroath; Ralph, abbot of Coupar Angus; Earl Duncan [of Fife]; Earl Patrick [of Dunbar]; Earl Gilbert [of Strathearn]; Earl Gilchrist [of Mar]; Countess Hextilda, ‘my spouse’; Henry, ‘my son’; Robert de Quincy; Robert de London; Phillip de Valognes; William de Lindsay; Walter de Barclay, king’s chamberlain, and many others.

[Registrum de Dunfermelyn (Edinburgh, 1842), no. 147]


[38] Malcolm, earl of Atholl


1179-1183

[Abstract] Malcolm, earl of Atholl, by his charter gives and grants to St Andrews Priory the church of Dull with chapels and lands, after death of William, his clerk. Witnessed by Duncan, earl of Fife; Countess Hextilda, my spouse; Michael, clerk; Henry and Duncan my sons; Malcolm mac Ewen; Glin son of Gillanders; Dovenald son of Macbeth; Hugh, goldsmith of Roxburgh; Master Adam of St. Andrews; Elias, chaplain.  

[Liber Cartatum Priortoratus Sancti Andree in Scotia (Edinburgh, 1841) p. 245-6]


[39] Malcolm, earl of Atholl


1179-1189

Carta Malcolmi Comitis Atholie Deo Sanctae Maria et monachis de Cupro, &c., de certis lignis omni tempore ad edificial sua et alia asiamenta per totius Atholie nemora longe et prope, &c. Testibus: Henrico filio Comitis, Malcolmo et Dunecano fratribus eius, Malis Mackmillimyrn, &c.

[Rental Book of Cistercian Abbey of Coupar-Angus, edited by Rev. Charles Rogers, Grampian Club, (London, 1879), Vol. 1, p. 331, no. 27]


Note: Charter of Malcolm, earl of Atholl, to Coupar Angus Abbey, of gathering wood for their building and of other easements for all of the woods of Atholl, near and far. Mackmillimyrn is a corrupt spelling for son of Maelmuire, the lineage name of the Gaelic earls of Atholl.


[40] Maelmuire of Atholl


1145-1153

[Transcript] DAVID Rex Scottorum omnibus probis hominibus suis salute[m].

Sciatis quod clerici de Der sunt quieti et immunes ab omni laicorum officio et exactione indebita, sicut in libro eorum scriptum est et dirationaverunt apud Banb et juraverunt apud Aberdon. Quapropter firmiter praecipio ut nullus eis aut eorum catellis aliquam injuriam inferred praesumat.

Teste Gregorio episcopo de Duncallden.

Teste Andrea episcopo de Cat'.

Teste Samsone episcopo de Brechin.

Teste Donchado comite de Fib et Malmori d'Athotla et Gillebrite comite d'Engus et Gillcomded Mac Aed et Brocin et Cormac de Turbrud et Adam Mac Ferdomnac et Gillendrias Mac Matni.

Apud Abberdeon.

[Lawrie, Sir Archibald C.: Early Scottish Charters (Glasgow, 1905), no. CCXXIII, p. 180-181]


Note: Maelmuire de Athol has been confused with Maelmuire, believed to have been a brother of Malcolm III, a mistake still reported by writers today. He is sometimes referred to as the tutor of Atholl. He appears to have been the son of Earl Madach and on Earl Madach’s death c.1145, he may still have been a minor, along with his brother Malcolm and half brother Harold. Maelmuire evidently predeceased his brothers with Malcolm succeeding to the earldom of Atholl.


[41] Madach, earl of Athol


1135-1137

Kol gave this advice to send men to the Orkneys at once after this, and (Rognvald) begged Earl Paul that he would give up half the isles as king Harold had given them to him; then friendship and thorough kinship should spring up between them.  But if Earl Paul refused these things, then these very same men should fare to find Frakok and Oliver the unruly, and offer them half the lands with earl Rognvald, if they would seek to get it from Earl Paul with a host.  But when these men came to the Orkneys and saw earl Paul, and brought forward their errand there, then earl Paul answers:  “I understand this claim, how it is made with mickle cunning and forethought;  they have betaken themselves to the kings of Norway to get the realm away from under me.  Now I will not reward that faithlessness by giving up my realm to those who come no nearer to me than Rognvald, and by refusing it to my brother’s son and my sister’s son.  There is no need here of long words, for I will guard the Orkneys by the strength of my friends and kinsfolk while God grants me life to do so.”  Then the messengers saw how their errand was likely to turn out there.  So they fared away, and went south over the Pentland firth to Caithness, and so into Sutherland to find Frakok, and tell their errand there, how earl Rognvald and Kol offer Oliver and Frakok half the Orkneys if they will win them back from earl Paul.  Frakok speaks thus:  “True it is that Kol is a very wise man, and wisely has it been seen to in this plan to look hither for strength, because we kinsfolk have great strength, and many men bound to us by ties.  I have now given away Margaret Hacon’s daughter to earl Moddan of Athole, who is noblest of all the Scottish-chiefs by birth.  Melmari his father was brother of Malcolm the Scot-king, father of David, who is now the Scot-king.  We have also,” she said, “many true claims to the Orkneys, but we are ourselves something of schemers, and we are said to be rather deep-witted, so that this strife does not come upon us unawares; but still it seems good to me to join fellowship with that father and son for many things’ sake.  Ye shall say these words to Kol and Rognvald that we two, Oliver and I, will come to the Orkneys next summer at midsummer with a host to fall on Earl Paul”.

[Dasent, George W.: ICELANDIC SAGAS, The Orkneyingers Saga (1894), Vol. III, no. 66]


Verson 2

Kol resolved to send men to the Orkneys to ask Earl Paul to give up half the Islands which King Harald had given to Rogvald, and they should be friends and good kinsmen. But if Earl Paul refused, the same men should go to Frakork and Olvir Rosta, and offer one-half of the land, jointly with Earl Rognavald, if they were willing to take it from Earl Paul by force of arms. When they came to Earl Paul in the Orkneys, and delivered the message, he replied: “I understand this claim; it has been planned advisedly, and with long forethought; they sought the help of the Kings of Norway to obtain possessions. Now, I will not repay this perfidy by giving away my possessions to a man who is not nearer to me than Rognvald is, and refusing them to my brother’s son or sister’s son. There is no need to talk any more of this, for with the assistance of my friends and kinsmen I shall defend the Orkneys as long as God grants me life”. Then the messengers saw what would be the result of their message to Earl Paul, and went away across the Pentland Firth to Caithness, and south into the country to Frakork, and delivered their message, to the effect that Kol and Rognvald offered her and Olvir half the Islands if they were willing to conquer them from Earl Paul. Frakork replied: “It is true that Kol is a very clever man, and it was wisely planned to seek assistance here, as we have a great many relatives and connections. I have now married Margaret, Hakon’s daughter, to Moddan, Earl of Atjoklar (Athole), who is of the noblest family of all Scottish chiefs. His father`, is brother (uncle?) of King Malcolm, the father of David, who is now King of Scots.  We have many and just claims on the Orkneys. We ourselves have also some power. We are said also to be rather far-seeing, and during hostilities all things do not come on us awares; yet we will be glad to enter into alliance with Kol and his son for many reasons. Tell them from me that I and Olvir shall bring an army to the Orkneys against Ear Paul about the middle of the next summer.

[Anderson, Joseph (ed): The Orkneyinga Saga, translated from the Icelandic by Jon. A. Hjaltalin and Gilbert Goudie (Edinburgh, 1873), pp. 85-87]


Note: The Orkney Saga is the only source to specifically state Madach or Maddad, earl of Atholl, was the son of Maelmuire and he said to have been a brother of Malcolm III, the father of David I.


[42] Madach, earl of Atholl


1114-1122

[Abstract] Charter by which King Alexander I, king of Scots, and his wife, Queen Sybilla granted the Priory of Scone the following possessions: Innerbuist with five ploughgates of land, Banchory with three ploughgates, Fodderance with one ploughgate, Kinnochtry with one ploughgate, Fingask with one ploughgate, Durdie with three ploughgates, Clien with three ploughgates, Liff with six ploughgates, Gourdie  with ten ploughgates, Invergowrie with three ploughgates, and five mansiones domuum (tofts), one in Edinburgh, one in Stirling, one in Inverkeithing , one in Perth, and one in Aberdeen, free use of water of Tay, and cain of one ship, one half of skins from king's kitchen, and all skins of rams and lambs, and half of fat and lard, and teind of the king's bread north of Lammermuir.


Witnessed by “Ego Alexander Dei gratia Rex Scottorum propria manu mea hec confirmo et figillo mee ymaginis hec consigno ego Sibilla Dei gracia Regina Scottorum propria manu mea hec confirmo ego Gregorius episcopus auctoritate Dei et sanctorum Apostolorum Petri et Pauli et sancti Andree Apostoli ne quis hec violare presumat sub anathemate confirmo ego Cormacus episcopus austoritate Dei et sanctorum Apostolorum Petri et Pauli et sancti Andree Apostoli ne quis hec violare presumat sub anathemate confirmo ego Alexander nepos regis Alexandri de hiis testimonium perhibeo ego Beth comes similiter ego Gospatricius Dolfini assensum prebeo ego Mallus comes assensum prebeo ego Madach comes assensum prebeo ego Rothri comes assensum prebeo ego Gartnach comes assensum prebeo ego Dufagan comes assensum prebeo huius etiam rei funt isti alij testes Willelmus frater regine Edwardus constabularius Gospatricius filius Walthef Vfieth Alfricus pincerna ego Forn affenfum prebeo”.

[Liber Ecclesie de Scon, Bannatyne (Edinburgh, 1843), no. 1]


Note: This charter was once thought to have been spurious, but is now regarded as being of late twelfth century origin, perhaps the copy owing to the fire which occurred there sometime before 1163. It is the foundation charter of the Priory of Scone and it has been dated between 1114 and 1122, when Queen Sybilla died.


[43] Madach, earl of Atholl


1093-1107

[Transcript] No Edelredus Dei gratia filius Malcolmi regis Scotie Abbas Dunkelden et insuper Comes de Fyfe, damus et concedimus pro salute anime nostre et animarum antecessorum et successorum nostrorum Deo Omnipotenti et Sancto Servano et Keledeis eremitis de Loch-levin cum summa reverential et honore et omni libertate terras de Auldmure ita libere ut aliquis rex, episcopus vel comes in toto regno Scotie dedit, per omnes rectas metas metas suas et divisas: Testibus, Maddock, comite; Edmundo, fratre meo, filio regis, et Sirach, capelano. Apud Dunferlin.

[Lawrie, Sir Archibald C.: Early Scottish Charters (Glasgow, 1905), p. 243]


Note: In Sir Robert Sibbald’s Collection (Adv. Lib. 34. 6. 24, p. 16) in the National Library of Scotland.  Ethelred’s grant of the lands of Ardmore or Ardmuir to Abernethy was issued at Dunfermline.  Archibald Lawrie has noted “Insuper” may be a mistake for a word meaning formerly. If this charter is genuine, it would appear to have been granted by Ethelred sometime prior to his death, as there is another charter, confirming his grant by his brothers David and Alexander.


[44] Ethelred son of son of King Malcolm


1093-1107

[Transcript] Edelradus vir venerandae memoriae, filius Malcolmi Regis Scotiae, Abbas de Dunkeldense et insuper Comes de Fyf contulit Deo Omnipotenti et Sancto Servano et keledeis de insula Louchleuen cum summa reverentia et honore et omni libertate et sine exactione et petitione cujusquam in mundo, episcopi vel regis vel comitis, Admore cum suis rectis terminis et divisis. Et quia ilia possession fuit illi tradita a parentibus suis cum esset in juvenili aetate idcirco cum majori affectione et amore illam obtulit Deo et Sancto Servano et praefatis viris Deo servientibus et ibidem servituris. Et istam collationem et donationem primo factam confirmaverunt duo fratres Hedelradi, scilicet David et Alexander, in praesentia multorum virorum fidedignorum, scilicet Constantini comitis de fyf viri discretissimi et Nesse et Cormac filii Macbeath et Malnethte filii Beollani sacerdotum de Abyrnethyn et Mallebride alterius sacerdotis et Thuadhel et Augustini sacerdotis keledeorum, Berbeadh rectoris scolarum de Abyrnethyn et coram cetibus totius universitatis tune de Abyrnethyn ibidem degentibus et coram Deo Omnipotenti et Omnibus Sanctis. Et ibi data est plenarie et universaliter ab omnibus sacerdotibus clericis et laicis, maledictio Dei Omnipotentis et Beatae Mariae Virginis et Omnium Sanctorum ut Dominus Deus daret eum in exterminium et perditionem et in omnes illos quicunque irritarent et revocarent et deminuerent elemosinam de Admore. Omni populo respondente fiat. Amen.


[Abstract] Grant by Ethelred, man of venerable memory, son of King Malcolm, abbot of Dunkeld and earl of Fife, for St Serf and Céli Dé of Island of Loch Leven (St Serfs Island); has conferred Auchmuir. Because that possession was given to him by his parents when he was young, he has offered it with greater affection and love to God, St Serf and the men serving God there. When that donation was first made, the two brothers of Ethelred, David and Alexander, established it in presence of many worthy men, named. It is confirmed in the presence of Constantine, earl of Fife; Nesse and Cormac son of Macbeath, and Mael Snechta son of Beollan, priests of Abernethy, and Mael Brigte alter priest, and Tuathal and Augustine priests; Berbeadh, rector of the schools of Abernethy.

[Lawrie, Sir Archibald C.: Early Scottish Charters (Glasgow, 1905), p. 11, no. XIV, p. 243-246: Liber Cartatum Priortoratus Sancti Andree in Scotia (Edinburgh, 1841) p. 115-116]


Note: This charter refers to Ethelred as "vir venerandae memoriae", consequently, it may be concluded that he was dead by the time this notation was written. Constantine son of Macduff and styled earl of Fife probably before 1124 and died between 1128 and 1136. Constantine is the first earl of Fife on record, appearing as earl on a charter dated before 1107, and later recorded as great judex in Scotia. His last appearance is c.1128 and was succeeded by Gillemichael, who appears to have held the earldom from about 1128 to about 1136, but whose relationship to Constantine is uncertain. Taking both charters together, it is feasible Madach could have witnessed Ethelred’s grant, as he appears to have been a contemporary of Ethelred, Alexander and David.