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

242
COMMENTS ON KEIE PEKFOEMANCE,
See Con-
firmation
in 1414 by
Countess
Euphemia
to Luke,
" dilecto
annlgero
NOSTRO ;
23ro servitlo
suo nobis
iinpenm"
Keir Per-
formance,
ChartiUary,
pp. 206,
207, under
No. 10.
Scotch
Acts of
Parlia-
ment, vol.
ii. p. 455-
459.
Bischop is
forfeited
with Len-
nox in 1545,
by which
mischance
Keir abso-
hitely and
luckily ac-
quires right
to Uohil-
tree.
raised, bj tlie highest authority, a sorereign prince, Hemy VIIL, who accord-
ingly so expressly recognises and names him in his grant. Nor is it a Uttle .
remarkable that Bischop thus held a higher style and gi-ade than Luke Stir-
ling of Ratherne, the Keir ancestor, who was only " armiger " of a female
subject, Euphemia, Coimtess of Stratherne (rather of a peculiar sort, and
how made, unknown), without a royal interposition, as in the prior instance.
Du Cange, Cowel, and Spelman, may be here, sub voce, consulted.
But Bischop, having thus warmly espoused the cause of the Earl, and
identified himself with English interests, naturally experienced the conse-
quences in company with his master, who (after the example of most of his
equally rebellious brethren) had so far led him astray, and was more blamable
than his faithful dependant, who might thus have an apology for following in
his track; and under the title of " Uchiltree," the former was expressly for-
feited by an Act. of Parliament, 1st of October 1545,^ for conspiring and
co-operating with the English in their expedition, in 1544, against the west
of Scotland, which they hostilely invaded and devastated.
It is an ill wind, hoM'ever, that blows nobody any good, for Sii* James
Stirling of Keir afterwards was enabled to profit by this event, by securing to
himself absolutely, through proceedings before the Supreme Civil Court in
1562 and 1563, with a decree thereupon, the above ancient Cadder heritage
of Uchiltree, which had before been settled by him, with Janet of Cadder's
indispensable consent, upon Bischop, under reversion of two thousand merks.*
In 1562-3 Bischop was out of the kingdom. Janet was so too, that
Act and
Decreet,
Register of
Supreme
Civil Coui-t.
2 See Expos.,
p. 6r, No. 9.
Acts and De-
creet Regis-
ter, ut siq}.
* Action, December 19, 1562, by James
Striueling of Keir, against "Thomas Bischop,
pretendit heritable possessor (as he is styled) of,
the lands of Uchiltree — sauld be ye said James
to ye said Thomas, his aires and assignees," and
other defenders. The sum for the reversion
is just that specified in the noted disposition
and assignation in 1541 by the former to the
latter ;■ and being of an onerous character, the
transaction is thus held a sale — not the less
applicable, too, as Janet and the lands were
thereby, in return for his soliciting, and ob-
taining from her the conveyance of Cadder to
Keir, actually sold, as a quid pro quo, to Bischop.
Such was the arrangement and settlement of
this notable and baneful conspiracy. There
was a later action before the same tribunal in
1563, by Keir against Thomas Bischop, about
Uchiltree also, stated to have been sold to the
latter under reversion, and other defenders.
Thomas, being " then out of the realme," did
not appear, and the Court find they had been
lawfully redeemed by Keir, thus deciding in his
favour. Upon this head as to his final abso-
lute title to Uchiltree, the Keir Performance
can only vaguely say that " on the forfeiture^
of Bischop, Sir James Stirling (he was not
then a knight, by the way) re-acquired Ochiltree,
from the Crown donatar" which is not borne
out by the preceding conclusive lawsuits in
1562-3, while the forfeiture was long previous
in 1545 ; and the Performance, in its usual
careless manner, and against the practice of
every regular discussion, does not state the
date, or aught in support of such alleged re-ac-
quisition, which hence may be questioned.
3 Keir Per-
formance,
p. 39.
Other in-
stance of
extreme
carelessness
and impreci-
sion here in
the Keir
work.