Comments in refutation of pretensions advanced for the first time, and statements in a recent work "The Stirlings of Keir and their family papers"

32 COMMENTS ON KEIR PERFOEMANCE,
Leading portioQ of the Caclcler estate. He was sometimes designed "in Cadder,"
notices and
character- from uis dwellin" in the family mansion, as mia-lit be expected in the case of
isticsofthe '^ J ' tD I
above a near, oi" perhaps the nearest, StirHng of Cadder relative, and who, from his
stirUng. restricted means, could not otherwise accommodate himself Under all the
circumstances, he must be inferred the Cadder heir-male, holding that iden-
tical status, and having, as premised, a claim to Cadder. It was incumbent
on Keir, for the furtherance of his projects, to prevail upon Robert to forego
this claim for an equivalent. Independently, too, he was entitled, in such
character, to be tutor to the family, through the Act of Parliament in 1474 ;*
but such claims or rights he must have forborne to assert, at the earnest en-
treaty of Sir John, who was wardator, and who, of course, was interested, and
eager for the removal of the material bar in the way of his projects, both as
regarded his own exclusive power and management of Cadder — so accordant
with his character — and in order to secure to his own family the property, in
the name of Janet, by subsequently marrying her to his son, and so uniting
, g^^ ^^^ the two houses should they have issue. But then Robert must be fully com-
tweCTi*^^ pensated in return ; and this accordingly originated the mutual indentures
ofTetrand ^^^^l coutract between the parties in 1527, "quhairin" both "band and obhsit
of Lettyi^ yame and yair airis to observe, keip, and fulfill divers and sundry poyntis,
1553! ' articulis, and claussis." ^ These must have involved the surrender by Robert
of his claims to the Cadder estate at large ; for what else had he to give
in compensation for promised portions of the Cadder property, of such mag-
nitude as to require the weighty guarantee of Auld Keir 1 Absolutely
nothing. Robert being the only party thus dealt with, while a settlement
accordingly was so incumbent, and indeed pressing, for the projects of Sir
John, can anything more strongly evince or demonstrate the Cadder status in
question, to have been in Robert, with its consequent rights and accessories 1
It is impossible to give any other reasonable solution of the contract cited
in 1527, and, at the same time, imder the circumstances, one so natural and
inevitable. In vain a different one has been requested of the Keir family,
possessed, as they are, of all the Cadder writs and muniments, and doubtless
* May9, in that year, which specially statutes meant then an heir-vude exchisively, in which
and ordains, in respect of the " brief of tutorie " sense it was used in the Roman law, from which
(the wan-ant for a sei-vice of a tutor), that " he we borrowed it. — For the above see Scotch
yat is nerrest agnet, and of xxv yeiris of age Acts of ParUamait, last edition, vol. ii. pp.
. . . sail be lauchfull tntour." Agnet or agnate 106, 107.