knight might be able to fulfil these conditions, he brought with him numerous Norman followers, some of whom founded families in the district; but it is not necessary to assume, as has been hastily done by some historians, that he drove out all the original holders of the soil, or that he even placed himself in opposition to them as a class. It has been generally supposed, too, that the Kirkpatricks were strangers to Annandale till they acquired lands there as his vassals; but it is far more probable that they belonged to its old Scoto-Irish or Scoto-Saxon population. Ivon, the first Kirkpatrick of whom we read, may have been a young landless soldier of fortune when Bruce came into the district; or he may, before that time, have taken by right his surname from one or other of the Dumfriesshire parishes that, as early as the tenth century, bore the name of Kirkpatrick. At all events, we think it probable that he was a dweller in "Estrahannent" when it was first erected into a barony. That Ivon was of good birth and family, may be inferred from the favour shown to him by his feudal superior. Some time about 1160, he received from Bruce, second baron of Annandale, a charter of the fishings of Bleatwood and Yester; and the words, "testibus Ivon," are attached to a deed by which the same nobleman granted the Torduff fishings of the Solway to Abbot Everard and the fraternity of Holm-cultram.† At a later period, he obtained the hand of Bruce's daughter, Euphemia, in marriage—an honour which must have been flattering to his pride, and which bound his family to the Brucian interest during the fearful struggle which ensued on the death of Alexander III. From that monarch's immediate predecessor, Ivon, when a The parish of Kirkpatrick-juxta was of old called Kilpatrick, from the dedication of its church to Patrick, the great apostle of Ireland, who appears to have been equally well remembered by the Scoto-Irish of the south-west of Scotland. The Gaelic Kil, signifying "a church," was afterwards translated into the Anglo-Saxon Kirk. In the fifteenth century the adjunct juxta appears to the name of this parish, in order to distinguish it from Kirkpatrick-Fleming in the east of Annandale.-Caledonia, vol. iii., p. 181. + The first of these charters exists among the Carlyle papers; the second is entered in the Register of Holm-cultram Abbey. Both are undated; but their dates may be approximately determined by the date of another charter, by which William the Lion, in the first year of his reign, grants lands in Canonby to Jedburgh Abbey, and to which Abbot Everard is a witness. E very old man, received a grant of the lands of Closeburn, the charter being dated the 5th of August, 1232.* Adam Kirkpatrick, Lord of Closeburn, the son of this union, was alive in 1294. The next head of the house, Stephen, is styled, in the chartulary of Kelso (1278), "Dominus Villæ de Closeburn, filius et hæres Domini Ade de Kirkpatrick militis." In the same year he entered into an engagement with the monks of Kelso, regarding a claim made by them to the church of Closeburn. Stephen left two sons: Sir Roger, famous in after times as the knight of the deadly dagger-the "Mak-siccar" Kirkpatrickand Duncan, who married Isabel, daughter and heiress of Sir David Torthorwald, who is mentioned in the chartulary of Holm-cultram as witness to a donation of one merk out of the lands of Maybie, in 1289. The family were related to Wallace, as well as Bruce, if we are to believe Harry the Minstrel, who says of Duncan, the founder of the Torthorwald branch: "Kyrkpatrick, that cruel was and keyne, In Esdaill wod that zer he had been; With Inglishmen he 'couth noch weill accord, Of kyn he was to Wallace' modyr ner." The Carleils, or Carlyles, who trace their descent from Crinan, Abthane of Dunkeld (whose son, Maldred, married Beatric, daughter of Malcolm II.), held lands in Annandale, like the Kirkpatricks under Robert Brus, its first lord, about 1185. They also owned property in Cumberland, taking their surname, it is believed, from its chief town, Carlisle. The eldest son of Uchtred, son of Maldred, was Robert of Kinmount; his second son, Richard, received the lands of Newbie-on-the-Moor from his grandfather. Eudo de Carlyle, grandson of Richard, witnessed a charter to the Monastery of Kelso about 1207.† * Just about seven hundred years after Ivon appears as an historical figure, one of his descendants, the beautiful Eugenie Marie de Guzman, Countess of Theba, was united in marriage to the greatest living potentate, Napoleon III., Emperor of the French. Her grandfather, William Kirkpatrick, went to Spain, and settled as a merchant in Malaga, where he married a Belgian lady. One of their offspring, Maria, was espoused by Don Cipriano Palafox, then Count of Theba, and afterwards Count de Montijo on the death of his elder brother: they had issue two daughters, the youngest of whom is now Eugenie, Empress of the French. + Douglas's Peerage, vol. i., The next head of the family, Adam, had a charter of various lands in Annandale from William de Brus, second lord of that district, who died in 1215. Gilbert, son of Adam, swore fealty to Edward I. in 1296. William, grandson of Gilbert, rose so high in the favour of his liege lord, Bruce, Earl of Carrick, that he gave him his daughter Margaret in marriage: the chief of the Carlyles thus becoming brother-in-law to the illustrious restorer of the monarchy. Their son obtained a charter from his royal uncle, of the lands of Colyn and Roucan, lying near Dumfries, in which he is designated "William Karlo, the King's sister's son." The head of this ancient house was, as we shall afterwards see, ennobled in 1470 as Lord Carlyle of Torthorwald.* Another Annandale sept, the Jardines, held lands in the parish of Applegarth, before the Celtic element in the population was overlaid by that of the Saxons. Winfredus de Jardine, the first of the name on record, flourished prior to 1153; he having been a witness to various grants, conferred, during the reign of David I., on the Abbeys of Aberbrothwick and Kelso. At what period the great family of the Johnstones settled in Annandale has not been determined. The first trace that we find of them is in the reign of Alexander III., when Hugo de Johnstone owned lands in East Lothian, which he bequeathed to his son John, who gave a portion of them to the Monastery of Soltray, about 1285, "for the safety of his soul." His descendants, Thomas, Walter, Gilbert, and John, swore fealty to Edward I. in 1296-the last mentioned baron being termed, in the deed, "Chevalier of the County of Dumfries." It is more than likely, however, we think, that the Johnstones, as well as the Kirkpatricks, had long previously resided in Strathannand, The name is suggestive of a Saxon origin; and the idea is a natural one, that they either gave it to, or received it from, the parish of Johnstone in Annandale.† * A fresh lustre has been cast upon this old Annandale family by the genius of one of its "latter day" members, Thomas Carlyle, the distinguished author. Douglas's Peerage, vol. i., p. 70. * + The parish of Johnstone, says Chalmers, derived its name from the village; and the hamlet, from its having become, in Scoto-Saxon times, the tun, or dwelling, of some person who was distinguished by the name of John. This place afterwards gave the surname to the family of Johnstone, who became a powerful clan in Annandale.-Caledonia, vol. iii., p. 179. CHAPTER III. CONDITION OF THE BURGH BEFORE IT WAS CHARTERED-NATURE OF THE EARLY CHARTERS CONFERRED UPON IT BY WILLIAM THE LION-RISE OF SANQUHAR, ANNAN, AND LOCHMABEN-INSTITUTION OF THE KING'S BAILIE-COURTS IN DUMFRIES QUARREL OF TWO BURGESSES, RICHARD, SON OF ROBERT, AND ADAM THE MILLER, IN ST. MICHAEL'S CEMETERY—A MURDEROUS AFFRAYSLAUGHTER OF ADAM, AND TRIAL OF RICHARD-FORMATION OF THE SHERIFFDOM-DEVELOPMENT OF ROMANISM IN THE CHURCH OF SCOTLAND -THE ECCLESIASTICAL ESTABLISHMENT OF THE BURGH AND COUNTY. Now that we have supplied some information regarding the way in which the district was peopled at various epochs, and introduced the chief actors in the great drama of real life which soon afterwards opened in Nithsdale and Annandale, let us see how Dumfries gradually threw off its hamlet garb, and acquired that of a Royal Burgh. Before the town was chartered, it was in a condition of complete dependence on its Celtic superiors, and equally so on the feudal overlords who succeeded them in the days of William the Lion. Nearly all the inhabitants were in a state of absolute villanage, having no property in the soil, and owing any immunities they possessed to the arbitrary will of their chief, who in most matters was free to act as he pleased, though nominally responsible to the Crown. He gave them the means of subsistence, shelter, and protection; in return for which they rendered him military service, manual labour, and tributes in money or rural produce. With the view of increasing their scanty resources, and enabling them to bear increased exactions, trading privileges were by and by conferred upon them; and when, in the further development of the feudal system, all the land came to be legally recognized as royal property, the merchants and craftsmen obtained the exclusive right to traffic and labour within the town and a prescribed range of territory around it, for which favours they furnished a revenue to the Crown, derived from rents, tolls, and customs. To William the Lion, it is believed, the Burgh was indebted for its first charters. He granted more than one-Chalmers says "many"—which were so drawn up as to indicate that he frequently resided in the town; but, unfortunately, they were either lost or destroyed during the succession warfare.† The earlier of these documents would relate chiefly, if not solely, to subjects of trade and handicraft, and be silent as to the right of self-government. Judging from the charters granted by the same monarch to other burghs, those at first conferred by him on Dumfries merely improved the relationship in which the inhabitants stood to the King, by changing them from precarious tenants to fixed vassals, holding directly of the Crown; they acquiring thereby a right of property in their tofts or tenements, for which they paid yearly rents, independently of their personal services.‡ Thus the Burgh was a portion of the royal possessions, occupied by an aggregation of tenants, each paying his quota of maills or money tribute. At fixed periods, half-yearly or quarterly, the King's ballivi, or bailies, collected the rents from his vassals; also the fines levied in the Burgh courts, and other impositions called exitus curiæ, the issues of court, which equally belonged to the Crown.§ Afterwards the whole of these rents and issues were handed over, on short leases, to the bailies, or rather the community, for a specific sum; and eventually a permanent arrangement was made, in virtue of which the community, by contracting to pay so many hundred merks yearly into the exchequer, acquired a perpetual heritable right to the royal maills and issues-the tenure of individual burgesses, however, continuing unaltered. Agreeably to feudal forms, this important change was effected by constituting the inhabitants holders of the Burgh in feu-farm under the King: a tenure that enabled their functionaries to enforce recovery and payment the same as if they had been appointed by the State.|| When, probably about 1190, William raised Dumfries to the rank of a Royal Burgh, the charter of erection would, in addition to these property rights, confer the privilege of local government. The burgesses were thereby rendered freemen in a double sense: Report of Royal Commissioners on the Municipal Corporations of Scotland, || Ibid, p. 12. page 12. § Municipal Report, p. 12. |