Series 1 > Loyall dissuasive

224
THE LOYALL DISSUASIVE
never a Shaw in Rothemurchus till Robert the Third his time.
That Shaw, Corriachklach, (M‘Intoshe’s third or fourth son)
took possession on’t by consent of the Clanchattan of Bade-
nach, who long or this time hade near extirpated the Cummings
by severall eminent victories obtained against them, and in fine
killed a small fragment that remained at Lagnan Cuimbeanach1
in Strathspey, and if I err in this, I err with the constant tradi¬
tion of the Shaws themselves, and all their neighbour families.
But to pretend that Rothemurchus was a pairt of M‘Duffs
heritage is ane impudent assertion, without either proof or
probability: first, because it was never till now heard that
M‘Duff hade any heritage out of the bounds of Fife. 2dly/. If
he hade, is it probable that Shaw who (according to this
author) was but M‘Duffs third son, would have possessed that,
or any other pairt on’t, and his elder brothers nothing. But
then 3dly/. This superficial scribbler did not consider that
Rothemurchus is, and always has been Kirk-lands, consequently
at that time of day when the Kingdome of Scotland was all
Catholick, could be no pairt of a layman’s heritage; for before
the Reformation (that most pairt of the Church Lands were
annexed to the Crown, and disposed of by our Kings without
distinction or regaird, to all sorts of subjects) no Bishop or
Abbot etc. could sell2 or annalzie any pairt of the Patrimony
of the Church in feu or heritage ; their greatest liberty (by the
express Canons) being only to let them out in Lease or Tack ;
and even these too restricted to a certain number of years ; so
that if M‘Duff possessed Rothemurchus (which is no other
than a ridiculous wheem) he must have done it as a common
tenant, or fermer to the Bishop of Murray, which I am apt to
think (on second thoughts) the author may be ready to
acknowledge, had been no proper station for so great a man.
What is said of M‘Duffs living at Rothomurchus, because of
1 Lag nan Cuimeanach, i.e. the Cummyngs hollow.
2 Alexander II. granted these lands to Andrew, Bishop of Moray, 1226. The
Shaws apparently held them in lease for a hundred years peacefully. The
Comyns disturbed matters, and the feud lasted long. See Shaw’s History of
Moray, vol. i. p. 264. Our author is supernaturally innocent as to the passing
of kirk lands into lay possession. That Shaws held these lands before Comyns
is very doubtful. In any case, it was only on lease.