Duncan

  General Notes:

Justice of Scotland, 1172-1200 under Malcolm IV and William "The Lyon " who succeeded Malcolm. A "Justiciar" was not solely concerned withL aw, but was a chief administrative officer for the King.

The Dowry Charter: Grants to Duncan, 6th Earl of Fife, and his heis f orn of his wife, Ada (the King's half-sister), Strathmigle, Falkland,R athillet, Strathbraan, and the whole ferm of (King's) Kettle, to be he ld in frank marriage. Edinburg (20 November, 1160, x 13 September, 11 62). The original text was written in Latin and was difficult to read.

The Charter was issued between the above dates, derived after checkin g witnesses. 'Comiti' or 'Comes' latin for Earl.

The English translation of the Charter: Malcolm, by the Grace of God , King of Scots, addresses his abbots, earls, barons, justices, minist ers, and his French, English and Scots subjects, and confirms ownershi p to Duncan, the Earl, and his wife, Ada, of the lands of Strathmigle , Falkland, Rathillet, Strathbran, and Kings Kettle, in 'liberum marit agium', or framk marriage, or for the benefit of their heirs. He deta ils that forests, water, game, fish, crops, etc., go with the lands.

This charter is especially interesting in that it seems to be the firs t granted in Scotland "for benefit of heirs", i.e., its ownership mayb e deeded to heirs in perpetuity, as long as heirs exist. This indicat es a much broader base for property ownership than had existed in the dark ages, and indicates that Scotland in 1160 is beginning to comeou t of the dark centuries of deudal lordshikp, and into the light of rea son and equity.

It is interesting to note that only one of the 16 witnesses had assume d a surname at this time, Richard Cumin. In all others, identity is t o their occupation, office, parentage or place of residence. The orig inal of this Charter has perished, evidently, as it has not reappeare d in Europe after 1604. Of the 161 Acts of Malcolm IV, only 29 stills urvive as originals. The photograph of this dowry charter is the onl y known transcript and is preserved in the Harleian Cartulary by the B ritish Museum, London.

The transcript was made by Sir James Balfour, who was Lord Lyon King o f Arms of Scotland from 1630 to 1654. Balfour says of this transcript : "I had it out of one little manuscript written with the hand of Si r John Skene, Clerk Register of Scotland, copied by him off the princi pall". (Skene's period as Lord Clerk Register was 1594-1604.) After B alfour made his copy, both the Skene manuscript and the "principall" a pparently perished, though there is a possibility one or both may reap pear.

The charter and the copy have been subjected to the closest scrutiny a nd discussion by mediaeval researchers over the years; and, while theu sual small errors occur in the proper names and in one or two of thela tin words, its authenticity remains unquestioned. All Witnesses have been identified and placed within the time and locale of this Charter with the exception of Willelmo, abbot of Sterling, who, under the nam e William, still eludes researchers.

The earliest printing of the copy of the charter was by historian SirR obert Sibbald of Fife in 1710. The latest printing was by G.W.S. Barr ow, M.A. University College, London, on page 228 of Volume 1, REGESTA REGUM SCOTTORUM, Acts of Malcolm IVth, published in Edinburgh, 1960. B arrow has been engaged in this monumental work of assemblying the Act s of the ancient Kings of Scotland for over ten years under grants of the Carnegie Trust and others.

WITNESSES TO THE DUNCAN-ADA CHARTER (1160-1162):
NOTE: The first witness, Bishop Arnold of St. Andrews, dates the Char ter between November, 1160 and September, 1162, which was his term asB ishop.

Ernaldo, who was an Abbot at the Abbey of St. Andrews. St. Andrews wo uld have been some distance from Edinburgh, but it appears there werea lways well known or influential men visiting or in other business wit h the King, and they were asked to witness Acts in preparation at thet ime.

Willelmo, an Abbot of the Abbey of Struelin (Stirling).

Osberto, an Abbot of the Abbe of Jedburghe.

Willelmo, from the 'fratre regis' after his name is indicated as a Cle rk of the Kings household.

Ada, Comitissa, is the Kings mother, Ada de Warrens, the wife of EarlH enry (Adela in French records).

Valtero, as indicated by the word 'cancellario' after his name, wouldb e a Chancellor of the Kings household.

Gilberto, comite de Anegus, is Gilbert or Gillebrigdde, Earl of Angus . He was of equal rank with Duncan. They were friends. Gilberto shar ed with the Sheriffs of Forfar and Scone the duty of collecting variou s Royal funds.

Richardo de Morueill, or Richard de Moreville, was the Royal Constabl e of Scotland.

Odonell de Umphraweill, very probably the son of Gilbert, Constable o f Earl Henry of Nurthumberland.

Richardo Comyne, also spelled Cumin, Comyn, was Justice of Scotland ab out the time of this Charter, but was getting along in years, and Dunc an became associated with him and continued, after Comyne's death, asJ ustice.

Phillippo de Colueill, little can be found on this man except that hew as a "Baron of Lanarkshire".

Villielmo de Burdet, or william Burdet, was Stewart of Malcolm IV's ne arby Huntingdon estate. Other records definitely place him there betw een 1157 and 1163. This is one method used to check the authenticityo f ancient charters, to check the time and place of the witnesses again st other records of that time.

Matheno, signs next. He was the archdeacon of the St. Andrews Abbey , and was most likely at the Kings court at the time in the company o f his assistant Ernaldo, who is the first witness.

Ness, filio comitisse, signs as "son of the countess". He would be as on of the countess and William, Earl of Leuchars, and other estates i n Fife. He chose in this case to identify himself with his mother.

Orme, filio Hugonis, does just the opposite, and identifies himself a s the son of Hugo, who was a lay Abbot of Abernethy. Orme was a lando wner of some importance in Fife.

Roberto de Quinci was a Norman. They were coming into Scotland from E ngland at this time in considerable numbers. Robert became a Justiceo f Scotland under William the Lion, Malcolm IV's brother, who succeede d him as King in December, 1165.

LANDS OF THE DOWRY CHARTER OF 1160:

STRATHMIGLO: Strathmiglo Parish in 1160 extended four miles North an d South by four miles in breadth, with an acreage of 9,024, lying a li ttle less than three miles from Falkland Parish, which has an acreageo f 8,265. It appears from ancient maps that the tracts joined.

The Miglo River intersects Strathmiglo Parish (more recently named th e Eden). The soil is deep and rich. It's land, known first as Cascha nd later (around 1225) as Cash, was divided in 1775, then referred to as Cash Easter and Cash Wester.

The Village of Strathmiglo, began 1160-61, has another Village calledC asheus, on the opposite side of the river, so named because a portion of the lands was "aued out" about 1785 for building. Between the two is a level meadow, called the Town Green, a public park.

Wester Cash in 1485 came under the ownership of Margaret Malcolm and h er husband, John Bykkerton. In 1658, John Moncrieff was the tenant o n Easter Cash.

In years past, Strathmiglo had a bleach works, and a linen factory. T he economy in the 1970s centered around agriculture and livestock rais ing. It won an award as the cleanest and best kept village in the pari sh ... which seems to say much for the citizenry of one of the oldestv illages in all Scotland. In 1977, Strathmiglo marked its 817th Birthd ay!

KETTLE: Spelled "Cattel in the Charter, derived its name from the Gae lic "Cathel" meaning "battlefield". This must relate to some great ba ttles fought over its lands before recorded history, and in all likeli hood may have been some of the action of Mons Graupius in 83 A.D.

Kettle consisted on 7,612 acres when originally granted to Duncan/Adai n 1160. Ancient historians sometimes call it Kings Kettle, simply ind icating it was Crown land and within the King's right to bestow. Fiv e Villages were on the lands in the 1970s, one retaining the name Kett le. The population around all five was estimated to be around 1500.

RATHILLET: Spelled "Radhulit" in the Charter is an ancient property o f Duncan/Ada that was farmland when they took ownership in 1160. Ther e is a little village on the land that bears the name Rathillet and ha s 16 houses and a popultion of 58 people.

In 1670, David Hackston was heir to the estates of Rathillet. It is p robably by his name that Rathillet became stamped on Scotland's histor y. Hackston, a members of a Covenanter band, had witnessed the murde r of Archbishop Sharp in 1679. They waylaid his coach at a lonely spo t known as Magus Muir, as he approached his headquarters at St. Andrew s. A year went by before the horseman in the background, his lower fa ce covered with his cloak, was identified as Hackston of Rathillet, tr ied, and beheaded.

Robert Louis Stevenson, as a boy, rode to the spot on numerous occasio ns with his father. A large tomb beside the road, wherein, says the i nscription: "lie five men who suffered martyrdom by their adherance t o the Word of God". Near it is the cairn of Sharp. It fascinated Stev enson for years afterward. As he matured and began to write, his manu scripts, unpublished, reveal that he tried, again and again, to bringH ackston back with his pen, but failed. "It is an old temptation with me," Stevenson wrote, "to pluck away that cloak, and see his face, an d read his heart."

STRATHBRAAN: Literally "Valley of the Bran." These lands lie in thes outh of Perthshire, along the River Bran. (Perthshire adjoins Fife o n the north.) They lie in the parish of Little Dunkeld, near the junc tion of the River Bran with the Ray. Records are silent as to the ext ent of this grant; but if we may judge from the magnificence of the ot hers, it must have been ample. Modern maps show it as about 3 by 6 mi les, approximately 18 sq miles, about 11,000 acres. This land lies wh ere Clan country begins and where Clan influences and custom have bee n a part of the life of the people for centuries.

Accurate knowledge of when some of our ancient family first occupied t hese Perthshire lands remains obscured. It could have been at the dis persion of Cash's from Fife in 1424, or it could have been as early a s a son or grandson of our progenitors, a century or more earlier, lik ely around 1225-30.

However, ancient Cash ancestors did occupy these lands, establish fami lies, and leave descendants -- Cash, MacCash, MacCaishe and MacCaish i n the 18th century. A village called Cashlie on modern maps, spelledC ashley in Scot, Caisligh in Gaelic, lies at the southwestern end of th e Strathbran lands, near which are the sites of several circular fort s (ruins). While the name seems significant, history is obscured.

Research on our Perthshire people still goes on. A Cash descendent we nt there in mid-year 1977.

Fife is a "lowland Parish. Our progenitors were "lowlanders". Perthsh ire is the only penetration of our ancient Cashes into Clan territory . We are not satisfied with the small "bits" of information we have b een able to find. Almost all vital records 1700 were either stolen b y the English or destroyed by Reformation mobs. both our Immigrant an d Mariner who brought him here, had left Scotland before this. Paris h officials cannot help, but they are cordial, and wish you well. Ou r search next needs to be centered largely along the Bran River, and y ou may wish for us that there may a little Abbey, that we have not fou nd, one forgotten by the Reformation!

FALKLAND: Anciently Falecklin or Falkanland -- spelled Falecklenin i n the dowry charter. Comprised 8,264 acres in 1160 when granted to Du ncan and Ada. Has a great forest of oak. The name Falkland comes fro m the ancient sport of hunting with falcons, but it was formerly Kilgo ur, from the Celtic "Kilour" meaning "yellow church". Such a church d id stand about two miles from the present burgh of Falkland, surnamed" The Beautiful". There are no remains except for a churchyard that is now a grassy knoll, some of its tombstones built into neighboring wall s.

Falkland Palace stands today, remodeling began in 1823, rising from th e ruins of a previous one built by ncestors of our progenitors. In th e Room of Portraits are the Stewrt Kings and queens. Janes IV, Margar et Tudor, Magdalene of France, Mary of Guise, Janes V, Elphin Elphings tone (high churchman of Early Scotland and a family close to the Crown ). Ephingstone descendants came to Virginia in the 1600s. This unusua l name appears as a given name in our early family in Virginia, tracea ble to a descendant.

Duncan married Ada (Cash Matriach), daughter of II Henry and Adela de Warrens, in 1160 in Perth. (Ada (Cash Matriach) was born about 1133 and died about 1213.)